/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/161201.mbx C L A S S A C T I O N R E P O R T E R Thursday, December 1, 2016, Vol. 18, No. 240 Headlines 26TH AND CENTRAL PARK: Hernandez Wants to Take Back Stolen Wages 3840 BAY INC: "Donaldson" Suit Seeks to Recover Overtime Pay ALEKSANDAR INC: Fails to Pay Overtime Wage, "Guzman" Suit Alleges ALL METALS: Faces "Lopez" Wage and Hour Class Suit in California ALPHA CORPORATION: Fixes Access Mechanism Prices, Landers Alleges AMERISAFE INC: "Fascian" Suit Seeks to Collect OT Under FLSA ASHLEY FURNITURE: Deceives DuraBlend Buyers, "Perisic" Suit Says ASHTON PLACE: "Bone" Action Seeks to Recover Overtime Pay AUDI AMERICA: "Barbata" Suit Alleges Engine Emission Cover-up AXIOM GLOBAL: Reynolds Seeks Certification of FLSA & IMWL Classes BAYLOR COLLEGE: Aguocha-Ohakweh Seeks Certification of Class BLU PRODUCTS: "Bonds" Alleges Illegal Tapping in Blu Phones CALIFORNIA: Court Tosses "Endsley" Suit With Leave to Amend COGNIZANT TECHNOLOGY: Faces "Johnson" Securities Suit in N.J. COMCAST CORP: McDougal Challenges Billed Modem Fees CONVERGENT OUTSOURCING: Seeks Initial OK of "Nyby" Suit Settlement EL POLLO LOCO: Faces "Meacham" Suit for Recording Consumers Calls ENVIRONMENTAL WASTE: Bid to Certify Sought in Waste Away Suit EXXON MOBIL: Sued by Fentress for Breaching Duties Under ERISA FLICKERLITE BAR: Fails to Pay OT Under FLSA, "Lamb" Suit Claims FMC CORP: Harmon Sues Retirement Plan's Fiduciaries Under ERISA FORFEITURE SUPPORT: "Tidings" FLSA Lawsuit Moved to S.D. Fla. G & M OIL: Corona Seeks to Recover Unpaid Wages and Interest GEORGIA POWER: Appeals Court Flips Dismissal of "Cazier" Suit GOVERNMENT PAYMENT: Renewed Bid to Certify in "Miner" Suit Cont'd HASA INC: "Mejia" Suit Seeks to Recover Minimum & Overtime Wages HONGHUA AMERICA: "Chaves" Action Seeks to Recover Overtime Pay HULCHER SERVICES: Stagner Asks Certification of Class Under FLSA IGNITE PAYMENTS: Zam & Zam Files Suit Over "Optional" Services ILLUSIONS INC: Court Certifies Class of Dancers in "Brooks" Suit INTERACTIVECORP: Company Control Challenged in "Miller" Suit INVICTA WATCH: "Felice" Files Suit Over Defective Watches JPMORGAN CHASE: Wins Prelim. OK of Settlement in "James" Suit KALITTA AIR: Leger Sues Over Unpaid FLSA Overtime and Hazard Pay KIDZ K'NECT: "Adams" Suit Seeks OT Wages for Off-the-Clock Work KJ&M WALL: Underpays Workers' Wages, "Silva" Class Suit Alleges LANNETT CO: Faces "Utesch" Securities Suit Over Drug Pricing LOS ANGELES, CA: C.D. Cal. Ct. Dismisses Class Claims in GLAD Suit MANGUAL'S GENERAL: "Ortiz" Suit Seeks to Recoup Pay Under FLSA MARYLAND: Sued Over Harmful Soil and Soil Vapor Contaminates NEW YORK: Dachille Sues Over Denial of $12K Reimbursement NORTHLAND GROUP: Certification of Class Sought in "Santiago" Suit NORTHSTAR ASSET: Accused by Kessler of Violating Securities Laws PADILLA CONSTRUCTION: Windsor Sues Alleging Breach of Contract PRIMO CAFE: Accused by "Almodovar" Class Suit of Violating FLSA PRINCIPAL LIFE: Rozo Seeks to Cert. Class of Pension Plan Members RAIN INTERNATIONAL: Sued by Joyce Over Sales Tax Overcharging RCI DINING: Faces "Rodriguez" Suit Under FLSA, NY Labor Law RUBIN & ROTHMAN: Gets Final OK of "Gamil" Suit Class Settlement S&P OYSTER: Stebbins Move for Certification of Class Under FLSA SUNRISE FAMILY: "Ellis" Suit to Recover Overtime Pay TAQUERIA EL ALTENO: "Che" Suit Seeks to Recover Overtime Pay TARO PHARMACEUTICAL: Sergeants Fund Alleges Lidex Price-Fixing TERRAVIA HOLDINGS: "Perales" Alleges Violation of Securities Act UES DENTAL: "Yang" Suit Alleges Unlawful Employment Practices UNIVERSAL CABLE: "Ellis" Suit Seeks Overtime Pay, Commissions URBAN SETTLEMENT: Fails to Pay Overtime Wages, "Green" Suit Says US STORAGE: Violates Self-Service Storage Act, Calabrese Claims VALLEYCREST LANDSCAPE: Garcia Seeks to Recover Wages for Daily OT WELLS FARGO: Accused by "Varga" Suit of Fraud, Breach of Contract WP&M REAL: Faces "Meltzer" Suit Over Wage and Hour Law Violations ********* 26TH AND CENTRAL PARK: Hernandez Wants to Take Back Stolen Wages ---------------------------------------------------------------- FRANCISCO HERNANDEZ, on behalf of himself and other similarly situated individuals v. 26TH AND CENTRAL PARK CURRENCY EXCHANGE, INC., RIGOBERTO AGUILAR, individually, EUGENIO AGUILAR, individually, SAUL HERNANDEZ, individually, RON'S TEMPORARY HELP SERVICES, INC. and RON MICHELON, individually, Case No. 1:16-cv- 10747 (N.D. Ill., November 18, 2016), is brought to recover wages allegedly stolen from low-wage residents of the Little Village community of Chicago, Illinois, through a scheme involving currency exchanges, 'Raiteros' (a term coined in this largely immigrant community to refer to van drivers, who recruit and transport workers for area temporary staffing firms) and Chicago area staffing agencies. Mr. Hernandez further alleges, on behalf of himself and other similarly situated laborers, that the fraudulent schemes engaged in between the area staffing agencies, including Ron's Staffing, their agents the Defendant Raiteros, and the Defendant Currency Exchange violated the Racketeer Influenced and Corrupt Organizations Act of 1970. He adds that the lawsuit also arises under the Fair Labor Standards Act, the Illinois Minimum Wage Law, the Illinois Wage Payment and Collection Act, and the Illinois Day and Temporary Labor Services Act. 26th & Central Park CE, an Illinois corporation, operates as a currency exchange at 3540 West 26th Street, in Chicago. Ron's Staffing, an Illinois corporation, has been engaged in the business of employing day or temporary laborers to provide services, for a fee, to third party clients pursuant to contracts between itself and those third party clients. Ron Michelon is the owner and operator of Ron's Staffing. Rigoberto Aguilar, Eugenio Aguilar and Saul Hernandez are recruiters, drivers and agents of Chicago area staffing agencies currently unknown. The Plaintiff is represented by: Christopher J. Williams, Esq. Alvar Ayala, Esq. WORKERS' LAW OFFICE, PC 53 W. Jackson Blvd, Suite 701 Chicago, IL 60604 Telephone: (312) 795-9121 Facsimile: (312) 929-2207 E-mail: cwilliams@wagetheftlaw.com aayala@wagetheftlaw.com 3840 BAY INC: "Donaldson" Suit Seeks to Recover Overtime Pay ------------------------------------------------------------ Eric Donaldson, on behalf of himself and the Class, Plaintiffs v. 3840 Bay Inc. and Karl Reina, in his individual capacity, Defendants, Case No. 1:16-cv-06509, (E.D. N.Y., November 22, 2016), seeks unpaid overtime, liquidated damages, spread-of-hours premium, statutory penalties, and attorneys' fees and costs under the Fair Labor Standards Act and New York Labor Laws. 3840 Bay Inc. operates as Karl's Klipper, a restaurant located at 29 Duer Lane, Staten Island NY 10301, where Plaintiff worked, with principal place of business located at 38-40 Bay Street, Staten Island NY 10301. Plaintiff is represented by: Robert D. Salaman, Esq. AKIN LAW GROUP PLLC 45 Broadway, Suite 1420 New York, NY 10006 Tel: (212) 825-1400 Email: rob@akinlaws.com ALEKSANDAR INC: Fails to Pay Overtime Wage, "Guzman" Suit Alleges ----------------------------------------------------------------- DIVENS GUZMAN, an individual, on behalf of himself and all other similarly situated individuals v. ALEKSANDAR, INC., a California corporation; ALEKSANDAR RADOVANOVIC, an individual; and DOES 1 through 50, inclusive, Case No. BC640865 (Cal. Super. Ct., Los Angeles Cty., November 18, 2016), accuses the Defendants of failing to provide meal periods, to authorize and permit rest periods, and to pay overtime and minimum wages, among other failures. Aleksandar, Inc., is a corporation organized, existing, and doing business under and by virtue of the laws of the state of California, doing business in the County of Los Angeles. Aleksandar Radovanovic is a stockholder, officer or director of the Company. The true names and capacities of the Doe Defendants are unknown to the Plaintiff. The Defendants own and operate a design and build business in Gardena, California, specializing in high end residential and commercial restaurants and boutiques. The Defendants employed the Plaintiff and the Class Members as laborers performing carpentry, cabinetry installation, and related activities for Defendants during the statutory period. The Plaintiff is represented by: Levik Yarian, Esq. N.P. Seitz, Esq. LAW OFFICE OF LEVIK YARIAN, APLC 700 N. Central Ave., Suite 470 Glendale, CA 91203 Telephone: (818) 459-4999 Facsimile: (818)484-2345 E-mail: levik@yarianlaw.com nick@yarianlaw.com ALL METALS: Faces "Lopez" Wage and Hour Class Suit in California ---------------------------------------------------------------- SALVADOR LOPEZ, individually and on behalf of all others similarly situated v. ALL METALS, INC. (dba ECS REFINING); and DOES 1 through 20, inclusive, Case No. BC641263 (Cal. Super. Ct., Los Angeles Cty., November 18, 2016), alleges that the Defendants have engaged in a systematic pattern of wage and hour violations under the California Labor Code and Industrial Welfare Commission Wage Orders, all of which contribute to the Defendants' deliberate unfair competition. All Metals, Inc., doing business as ECS Refining, is an electronics recycling company. The Plaintiff is represented by: Kashif Haque, Esq. Samuel A. Wong, Esq. Jessica L. Campbell, Esq. AEGIS LAW FIRM, PC 9811 Irvine Center Drive, Suite 100 Irvine, CA 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 E-mail: khaque@aegislawfirm.com swong@aegislawfirm.com ALPHA CORPORATION: Fixes Access Mechanism Prices, Landers Alleges ----------------------------------------------------------------- LANDERS AUTO GROUP NO. 1, INC. D/B/A LANDERS TOYOTA; EMPIRE NISSAN OF SANTA ROSA, LLC; V.I.P. MOTOR CARS LTD.; LEE PONTIAC- OLDSMOBILE-GMC TRUCK, INC.; PANAMA CITY AUTOMOTIVE GROUP, INC. D/B/A JOHN LEE NISSAN; MCGRATH AUTOMOTIVE GROUP, INC.; GREEN TEAM OF CLAY CENTER INC.; LEE AUTO MALLS-TOPSHAM, INC. D/B/A LEE TOYOTA OF TOPSHAM; LEE OLDSMOBILE-CADILLAC, INC. D/B/A LEE HONDA; COMMONWEALTH VOLKSWAGEN, INC. D/B/A COMMONWEALTH VOLKSWAGEN; HODGES IMPORTED CARS, INC. D/B/A HODGES SUBARU; PATSY LOU CHEVROLET, INC.; SUPERSTORE AUTOMOTIVE, INC.; CANNON NISSAN OF JACKSON, LLC; HAMMETT MOTOR COMPANY, INC.; JOHN O'NEIL JOHNSON TOYOTA, LLC; ANCONA ENTERPRISE, INC. D/B/A FRANK ANCONA HONDA; LANDERS MCLARTY LEE'S SUMMIT MO, LLC D/B/A LEE'S SUMMIT CHRYSLER DODGE JEEP RAM AND D/B/A LEE'S SUMMIT NISSAN; ARCHER-PERDUE, INC. D/B/A/ ARCHER-PERDUE SUZUKI; TABLE ROCK AUTOMOTIVE, INC. D/B/A TODD ARCHER HYUNDAI; BILL PEARCE HONDA; RENO DODGE SALES, INC. D/B/A DON WEIR'S RENO DODGE; PITRE, INC. D/B/A/ PITRE BUICK GMC; HARTLEY BUICK GMC TRUCK, INC.; WESTFIELD DODGE CITY, INC.; JOHN GREENE CHRYSLER DODGE JEEP, LLC; CAPITOL CHEVROLET CADILLAC, INC.; CAPITOL DEALERSHIPS, INC. D/B/A CAPITOL TOYOTA; LANDERS MCLARTY FAYETTEVILLE TN, LLC; CENTRAL SALT LAKE VALLEY GMC ENTERPRISES, LLC D/B/A SALT LAKE VALLEY BUICK GMC; STRANGER INVESTMENTS D/B/A STEPHEN WADE TOYOTA; APEX MOTOR CORPORATION; SHEARER AUTOMOTIVE ENTERPRISES III, INC.; RAMEY MOTORS, INC.; THORNHILL SUPERSTORE, INC. D/B/A THORNHILL GM SUPERSTORE; AND DAVE HEATHER CORPORATION D/B/A LAKELAND TOYOTA HONDA MAZDA SUBARU, on Behalf of Themselves and all Others Similarly Situated v. ALPHA CORPORATION and ALPHA TECHNOLOGY CORPORATION, Case No. 2:16-cv-14149-AJT-APP (E.D. Mich., November 23, 2016), accuses the Defendants of violating Section 1 of the Sherman Act. Defendants and their co-conspirators participated in a combination and conspiracy to suppress and eliminate competition in the automotive parts industry by agreeing to allocate the supply of, rig bids for, and to fix, stabilize, and maintain the prices of Access Mechanisms sold to Vehicle manufacturers and others in the United States and globally, the Plaintiffs allege. Access Mechanisms are (1) inside and outside door handles, tailgate and trunk handles; (2) keys, lock sets (also known as key sets), and door locks (including free-wheel door locks); and (3) electrical steering column locks and mechanical steering column locks. Alpha Corporation is a Japanese corporation with its principal place of business in Yokohama, Japan. Alpha Technology Corporation is a Michigan corporation headquartered in Howell, Michigan. Alpha Technology is a subsidiary of and wholly owned and controlled by Alpha Corporation. The Defendants manufacture, market, and sell Access Mechanisms throughout and into the United States. The Plaintiffs are represented by: Gerard V. Mantese, Esq. MANTESE HONIGMAN, P.C. 1361 E. Big Beaver Road Troy, MI 48083 Telephone: (248) 457-9200 E-mail: gmantese@manteselaw.com - and - Jonathan W. Cuneo, Esq. Joel Davidow, Esq. Daniel Cohen, Esq. Victoria Romanenko, Esq. Yifei Li, Esq. CUNEO GILBERT & LaDUCA, LLP 4725 Wisconsin Avenue, NW, Suite 200 Washington, DC 20016 Telephone: (202) 789-3960 E-mail: jonc@cuneolaw.com joel@cuneolaw.com danielc@cuneolaw.com vicky@cuneolaw.com evelyn@cuneolaw.com - and - Don Barrett, Esq. David McMullan, Esq. BARRETT LAW GROUP, P.A. P.O. Box 927 404 Court Square Lexington, MS 39095 Telephone: (662) 834-2488 Facsimile: (662)834-2628 E-mail: dbarrett@barrettlawgroup.com dmcmullan@barrettlawgroup.com - and - Shawn M. Raiter, Esq. LARSON KING, LLP 2800 Wells Fargo Place 30 East Seventh Street St. Paul, MN 55101 Telephone: (651) 312-6500 Facsimile: (651) 312-6618 E-mail: sraiter@larsonking.com AMERISAFE INC: "Fascian" Suit Seeks to Collect OT Under FLSA ------------------------------------------------------------ THOMAS MICHAEL FASCIAN, INDIVIDUALLY AND ON BEHALF OF OTHERS SIMILARLY SITUATED v. AMERISAFE, INC. d/b/a AMERISAFE INSURANCE CO., Case No. 2:16-cv-01630 (W.D. La., November 23, 2016), is brought pursuant to the Fair Labor Standards Act to recover alleged unpaid wages, including overtime, for work performed on behalf of or for the benefit of AMERISAFE, Inc. AMERISAFE, Inc., doing business as AMERISAFE Insurance Co., is a foreign corporation licensed to do and doing business in the state of Louisiana with its headquarters located in Deridder, Louisiana. AMERISAFE, Inc. operates as a specialty provider of workers' compensation insurance. The Company focuses on small to mid-sized employers engaged in hazardous industries, principally construction, trucking, manufacturing, agriculture, and oil and gas. The Company provides coverage to employers under state and federal workers' compensation laws. The Plaintiff is represented by: Kenneth D. St. Pe, Esq. KENNETH D. ST. PE, LLC 311 West University Avenue, Suite A Lafayette, LA 70506 Telephone: (337) 534-4043 Facsimile: (337) 534-8379 E-mail: kennethstpe@aol.com ASHLEY FURNITURE: Deceives DuraBlend Buyers, "Perisic" Suit Says ---------------------------------------------------------------- SLADJANA PERISIC, on behalf of herself and others similarly situated v. ASHLEY FURNITURE INDUSTRIES, INC., a Wisconsin corporation, Case No. 8:16-cv-03255-EAK-MAP (M.D. Fla., Nov. 23, 2016), alleges that the Defendant falsely, deceptively or misleadingly promoted, marketed, advertised, and sold furniture with DuraBlend(R) to the Plaintiff and Class members as a high- quality, durable leather product. In fact, Ms. Perisic alleges, furniture with DuraBlend(R) is of low quality, failed to hold up to normal wear and tear, and began to peel or disintegrate within a short period of time. The Plaintiff brings the proposed class action on behalf of all persons, who purchased furniture with DuraBlend(R) upholstery from the Defendant in Florida. Ashley Furniture Industries, Inc., is a Wisconsin corporation with its principal place of business in Wisconsin and is registered to do business in the state of Florida. Ashley has been engaged in the manufacture and sale of residential furniture. The Plaintiff is represented by: Julie Braman Kane, Esq. Stephanie A. Casey, Esq. COLSON HICKS EIDSON, P.A. 255 Alhambra Circle, Penthouse Coral Gables, FL 33134 Telephone: (305) 476-7400 Facsimile: (305) 476-7444 E-mail: julie@colson.com scasey@colson.com - and - 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 ASHTON PLACE: "Bone" Action Seeks to Recover Overtime Pay ---------------------------------------------------------- Elizabeth Bone, and Rachel Jefferson, individually on behalf of themselves and all others similarly situated, Plaintiff, v. Mid- South Health Services, LLC d/b/a Ashton Place Health and Rehabilitation Center, Defendant, Case No. 1:16-cv-01300 (W.D. Tenn., November 21, 2016), seeks unpaid straight time, overtime compensation, liquidated damages, interest, attorneys' fees and costs resulting from unjust enrichment and violation of the Fair Labor Standards Act of 1938 and Tennessee law. Plaintiffs regularly and repeatedly worked off-the-clock, were required to perform compensable work during their meal breaks and after their scheduled shifts. Mid-South Health Services, LLC operates as Ashton Place Health and Rehabilitation Center, a nursing home and rehab center in Memphis TN. Plaintiff is represented by: Michael L. Russell, Esq. Emily S. Emmons, Esq. GILBERT RUSSELL MCWHERTER SCOTT BOBBITT PLC 341 Cool Springs Boulevard, Suite 230 Franklin, TN 37067 Telephone: (615) 354-1144 Email: mrussell@gilbertfirm.com eemmons@gilbertfirm.com AUDI AMERICA: "Barbata" Suit Alleges Engine Emission Cover-up ------------------------------------------------------------- Carl Barbata, Jr., individually and on behalf of all others similarly situated, Plaintiff, v. Audi of America, LLC and Audi AG, Defendants, Case No. 3:16-cv-02875 (S.D. Cal., October 22, 2016), seeks preliminary and permanent injunctive relief in the form of a recall or replacement of affected vehicles as well as costs, restitution, damages, disgorgement and penalties and other reliefs in breach of warranties of implied warranty, fraudulent concealment and violations of the Magnuson-Moss Warranty Act, Song-Beverly Consumer Protection Act and California Consumer Legal Remedies Act. The class action complaint arises out of an installed component in their gasoline engine called a defeat device that allegedly turns on the emission controls during mandated testing but turns it off during regular operations thus rendering it non-compliant to emission standards set by the United States Environmental Protection Agency and the California Air Resources Board. Audi AG is an automotive company organized and existing under German law, with its principal place of business in Ingolstadt, Germany. Audi of America, LLC is a Delaware limited liability company with its principal place of business located at 2200 Ferdinand Porsche Drive, Herndon, Virginia 20171. Audi America is a wholly-owned U.S. subsidiary of Audi AG. Plaintiff purchased a new 2016 Audi A6 from Walter's Audi. The Plaintiff is represented by: Alexander M. Schack, Esq Natasha N. Serino, Esq. LAW OFFICES OF ALEXANDER M. SCHACK 16870 West Bernardo Drive, Suite 400 San Diego, CA 92127 Tel: (858) 485-6535 Fax: (858) 485-0608 Email: alexschack@amslawoffice.com natashaserino@amslawoffice.com AXIOM GLOBAL: Reynolds Seeks Certification of FLSA & IMWL Classes ----------------------------------------------------------------- The Plaintiff in the lawsuit entitled JARED REYNOLDS, individually and for all others similarly situated v. AXIOM GLOBAL, INC., a/k/a AXIOM LAW, Case No. 1:16-cv-09871 (N.D. Ill.), seeks to proceed as a collective action on behalf of himself and these collective classes of persons: (1) Proposed FLSA Class: All individuals who currently work, or have worked, for the Defendant as a Contract Reviewer, Reviewer, or any other similarly titled position during the applicable statute of limitations period and performed overtime work without receiving all wages owed for such work (hereinafter the "FLSA Class"); and (2) Proposed IMWL Class: All individuals who currently work, or have worked, for the Defendant as a Contract Reviewer, Reviewer, or any other similarly titled position in the state of Illinois during the applicable statute of limitations period and performed overtime work without receiving all wages owed for such work. The class and collective action is brought by the Plaintiff to redress the Defendant's alleged systematic, improper, and willful failure to pay wages and overtime compensation to the Plaintiff and other similarly-situated individuals as required by both the Fair Labor Standards Act and the Illinois Minimum Wage Law. Mr. Reynolds also asks the Court to enter and continue the Motion and enter an order allowing appropriate conditional collective and class certification discovery, and to set a schedule for him to file supplemental evidence and a supporting memorandum of law. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=0VoOAxWv The Plaintiff is represented by: Ryan F. Stephan, Esq. Haley R. Jenkins, Esq. STEPHAN ZOURAS, LLP 205 N. Michigan Avenue, Suite 2560 Chicago, IL 60601 Telephone: (312) 233-1550 Facsimile: (312) 233-1560 E-mail: rstephan@stephanzouras.com hjenkins@stephanzouras.com BAYLOR COLLEGE: Aguocha-Ohakweh Seeks Certification of Class ------------------------------------------------------------ The Plaintiffs in the lawsuit styled Emily-Jean Aguocha-Ohakweh, et al., on behalf of themselves, the United States of America and The State of Texas v. Baylor College of Medicine, Harris County Hospital District, et al., Case No. 4:16-cv-00903 (S.D. Tex.), filed with the Court their renewed motion to certify a class seeking, amongst others, to be deemed class representatives in the proposed class action. Emily-Jean Aguocha-Ohakweh, et al., ask that the Court grant the remedies and the class certification they sought, as argued and prayed for in their motion to certify. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=FMfWb94g The Plaintiffs are represented by: Ernest Adimora-Nweke, Jr. Esq. ADIMORA LAW FIRM 5100 Westheimer Rd., Suite 200 Houston, TX 77056 Telephone: (281) 940-5170 E-mail: Ernest@adimoralaw.com Defendant Harris County Hospital District D/B/A Harris Health System D/B/A Ben Taub Hospital is represented by: Ebon Swofford, Esq. ASSISTANT COUNTY ATTORNEY L. Sara Thomas, Esq. DEPUTY MANAGING ATTORNEY 2525 Holly Hall, Suite 190 Houston, TX 77054 Telephone: (713) 566-6559 Facsimile: (713) 566-6558 E-mail: Ebon.Swofford@harrishealth.org Sara.thomas2@harrishealth.org Defendant Baylor College of Medicine and its Employee Defendants is represented by: Jeffrey B. McClure, Esq. Laura Trenaman, Esq. ANDREWS KURTH KENYON LLP 600 Travis Street, Suite 4200 Houston, TX 77002 Telephone: (713) 220-4200 Telecopier: (713) 220-4285 E-mail: jeffmcclure@andrewskurth.com ltrenaman@andrewskurth.com Defendant John Michael Halphen is represented by: John R. Strawn Jr., Esq. Andrew L. Pickens, Esq. STRAWN PICKENS LLP Pennzoil Place, South Tower 711 Louisiana, Suite 1850 Houston, TX 77002 Telephone: (713) 659-9600 Facsimile: (713) 659-9601 E-mail: jstrawn@strawnpickens.com apickens@strawnpickens.com BLU PRODUCTS: "Bonds" Alleges Illegal Tapping in Blu Phones ----------------------------------------------------------- Aaron Bonds, individually and on behalf of all others similarly situated, Plaintiff, v. Blu Products, Inc., Shanghai Adups Technology Co., Ltd. and Adups USA LLC, Defendants, Case No. 1:16- cv-24892 (S.D. Fla., November 22, 2016), seeks statutory damages, injunctive and declaratory relief, pre-judgment and/or post- judgment interest, reasonable attorneys' fees and costs and such other and further relief as may be just and proper resulting from invasion of privacy and in violations of the Wiretap Act, Electronic Communications Privacy Act and the Magnuson-Moss Warranty Act. Blu is a manufacturer and seller of cell phones while Adups develops firmware installed on approximately 120,000 Blu phones. Adups firmware on Blu phones allegedly captured and transmitted to a server in China the cell phone owners' text messages, personal contacts, call logs, physical locations and other confidential data without the knowledge or consent of the cell phone owners. Bonds purchased a Blu R1 HD R0030UU cell phone from Amazon.com. Blu Products, Inc. is a Delaware corporation headquartered in Miami, Florida. Shanghai Adups Technology Co., Ltd. is a Chinese entity based in Shanghai, People's Republic of China. Adups USA LLC is a Delaware corporation. Plaintiff is represented by: Amy Zeman, Esq. GIBBS LAW GROUP 3711 Sheridan Ave Miami Beach, FL 33140 Telephone: (510) 350-9721 Facsimile: (510) 350-9701 Email: amz@classlawgroup.com - and - Daniel C. Girard, Esq. Jordan Elias, Esq. Esfand Y. Nafisi, Esq. GIRARD GIBBS LLP 601 California Street, 14th Floor San Francisco, CA 94108 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 Email: dcg@girardgibbs.com je@girardgibbs.com eyn@girardgibbs.com CALIFORNIA: Court Tosses "Endsley" Suit With Leave to Amend ----------------------------------------------------------- The Hon. William Alsup dismissed with leave to amend within 28 days of the date the order is filed, the complaint in the lawsuit entitled MARK ANTHONY LOWELL ENDSLEY, and all other Non-LPS patients who are or may be committed to Napa State Hospital v. CALIFORNIA DEPARTMENT OF STATE HOSPITALS; EDMUND G. BROWN; DOLLY MATTEUCCI; PAM AHLIN, Case No. 3:16-cv-04219-WHA (N.D. Cal.). Mark Anthony Lowell Endsley, a civil detainee at Napa State Hospital, filed the pro se civil rights complaint on behalf of himself and a class of other civil detainees committed by the state of California to Napa state Hospital. Mr. Endsley's application to proceed in forma pauperis is granted. The motion for appointment of counsel is denied because the Court does not have the authority to "appoint" counsel in a civil case. The Plaintiff's pending motions (motion for class certification and motion for an order to show cause, a temporary restraining order, and a preliminary injunction) are denied. Judge Alsup ruled that the amended complaint must include the caption used in the Order and the civil case number C 16-4219 WHA and the words FIRST AMENDED COMPLAINT on the first page. Because an amended complaint completely replaces the original complaint, the Plaintiff must include in it all the claims he wishes to present, Judge Alsup told the Plaintiff. The Plaintiff may not incorporate material from the original complaint by reference. Failure to amend within the designated time and in accordance with the Order will result in the dismissal of the case. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=qUiFgHnv COGNIZANT TECHNOLOGY: Faces "Johnson" Securities Suit in N.J. ------------------------------------------------------------- ANN BECK JOHNSON, TRUSTEE FOR THE ANN B JOHNSON LIVING TRUST, In Its Behalf and on Behalf of All Others Similarly Situated v. COGNIZANT TECHNOLOGY SOLUTIONS CORPORATION, FRANCISCO D'SOUZA, KAREN MCLOUGHLIN, and GORDON COBURN, Case No. 2:16-cv-08641 (D.N.J., November 18, 2016), is a federal securities class action on behalf of all persons, who purchased Cognizant securities between February 27, 2015, and September 30, 2016, inclusive, seeking to pursue remedies under the Securities Exchange Act of 1934. Throughout the Class Period, the Defendants made false and misleading statements and failed to disclose material adverse facts about the Company's business and operations, the Plaintiff alleges. Specifically, the Plaintiff contends, the Defendants made false and misleading statements or failed to disclose that, among other things, Cognizant made improper payments to Indian officials in exchange for building permits and operating licenses for certain of the Company's facilities in India. Cognizant is a Delaware corporation headquartered in Teaneck, New Jersey, and provides IT, consulting, and business process services worldwide. The Company's technical professionals work from the Company's development and delivery centers, which are located throughout the world, as well as from client locations. The Individual Defendants are directors and officers of the Company. The Plaintiff is represented by: Evan J. Smith, Esq. BRODSKY & SMITH, LLC 1040 Kings Highway N., Suite 650 Cherry Hill, NJ 08034 Telephone: (856) 795-7250 Facsimile: (856) 795-1799 E-mail: esmith@brodskysmith.com COMCAST CORP: McDougal Challenges Billed Modem Fees --------------------------------------------------- JON MCDOUGAL, and DAVID FIESSINGER, JR., on Behalf of Themselves and All Others Similarly Situated v. COMCAST CORPORATION, Case No. 9:16-cv-81906-DMM (S.D. Fla., November 23, 2016), is brought on behalf of all persons, who are billed for fees not owed to the Defendant, including "Modem/Leased" fees. Comcast Corporation is a Pennsylvania corporation with its principal place of business located in Philadelphia, Pennsylvania. The Defendant is a cable service provider. The Plaintiff is represented by: John B. Patterson, Esq. Adam M. Balkan, Esq. BALKAN & PATTERSON, LLP 1877 S Federal Highway, Suite 100 Boca Raton, FL 33432 Telephone: (561) 750-9191 Facsimile: (561) 750-1574 E-mail: john@balkanpatterson.com adam@balkanpatterson.com - and - Cullin A. O'Brien, Esq. CULLIN O'BRIEN LAW, P.A. 6541 NE 21st Way Ft. Lauderdale, FL 33308 Telephone: (561) 676-6370 Facsimile: (561) 320-0285 E-mail: cullin@cullinobrienlaw.com - and - Brian Smith, Esq. SMITH & VANTURE, LLP 580 Village Boulevard, Suite 200 West Palm Beach, FL 33409 Telephone: (561) 684-6330 Facsimile: (561) 668-0630 E-mail: bws@smithvanture.com CONVERGENT OUTSOURCING: Seeks Initial OK of "Nyby" Suit Settlement ------------------------------------------------------------------ The Parties in the lawsuit titled Erik Nyby, on behalf of himself and all others similarly situated v. Convergent Outsourcing, Inc., Case No. 2:15-cv-00886-ES-MAH (D.N.J.), ask the Court to enter a preliminary approval order in the form agreed to by the Parties in favor of their settlement agreement. The Parties also ask the Court to (i) conditionally certify the Settlement Class for purposes of settlement, (ii) appoint the Plaintiff as the Settlement Class Representative; (iii) appoint Stephen F. Taylor, Esq., and Sofia Balile of Lemberg Law, LLC, as Class Counsel; (iv) preliminarily approve the terms of the Settlement Agreement; (v) approve the form, content and method of delivering notice to the Settlement Class as set out in the Settlement Agreement as "the best notice that is practicable under the circumstances"; and (vi) schedule a final approval hearing in accordance with the deadlines proposed in the Settlement Agreement. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=tnnKfFnA The Plaintiff is represented by: Stephen F. Taylor, Esq. Sofia Balile, Esq. LEMBERG LAW LLC 43 Danbury Road Wilton, CT 06897 Telephone: (203) 653-2250 Facsimile: (203) 653-3424 E-mail: staylor@lemberglaw.com sbalile@lemberglaw.com The Defendant is represented by: Ronald A. Giller, Esq. Michael Thomas Miano, Esq. GORDON & REES LLP 18 Columbia Turnpike, Suite 220 Florham Park, NJ 07932 Telephone: (973) 549-2501 E-mail: rgiller@gordonrees.com EL POLLO LOCO: Faces "Meacham" Suit for Recording Consumers Calls ----------------------------------------------------------------- KATHERINE MEACHAM, individually and on behalf of a class of similarly situated individuals v. EL POLLO LOCO, INC.; EL POLLO LOCO HOLDINGS, INC.; and DOES 1 through 50, inclusive, Case No. (Cal. Super. Ct., Orange Cty., November 22, 2016), arises out of the policy and practice of the Defendants to record and monitor, without the consent of all parties, consumer-initiated telephone calls made or routed to the Defendants' toll-free and other customer service telephone numbers. El Pollo Loco is a restaurant chain with more than 300 locations within California. El Pollo Loco, Inc. is a Delaware corporation with headquarters in Costa Mesa, California. El Pollo Loco Holdings, Inc. is a Delaware corporation with headquarters in Costa Mesa. The Plaintiff is ignorant of the true names and capacities of the Doe Defendants. The Plaintiff is represented by: Eric A. Grover, Esq. Rachael G. Jung, Esq. KELLER GROVER LLP 1965 Market Street San Francisco, CA 94103 Telephone: (415) 543-1305 Facsimile: (415) 543-7861 E-mail: eagrover@kellergrover.com rjung@kellergrover.com - and - Scot Bernstein, Esq. LAW OFFICES OF SCOT D. BERNSTEIN, A PROFESSIONAL CORPORATION 101 Parkshore Drive, Suite 100 Folsom, CA 95630 Telephone: (916) 447-0100 Facsimile: (916) 933-5533 E-mail: swampadero@sbernsteinlaw.com ENVIRONMENTAL WASTE: Bid to Certify Sought in Waste Away Suit ------------------------------------------------------------- The Plaintiffs move the Court to certify the litigation styled WASTE AWAY CONSULTING, LLC EFFICIENT WASTE SOLUTIONS, INC. AND ENVIROSOURCE WASTE SOLUTIONS, LLC v. ENVIRONMENTAL WASTE SOLUTIONS, LLC, DARWYN WILLIAMS, AND DONNA FOTHERGILL, Case No. 3:16-cv-00389-JWD-RLB (M.D. La.), as a class action brought on behalf of a class of plaintiffs defined as: All current and former affiliates of Environmental Waste Solutions, LLC who were parties to Joint Venture Agreements (in the form or a substantially similar form as the exemplar attached as Exhibit A) prior to ____201_ (the date of the class certification notice). The Court should fix a hearing date, at which time all parties will be allowed to submit evidence in the form of pleadings, affidavits, answers to interrogatories, deposition testimony, exhibits, memoranda, and argument directed to the issue of class certification, the Plaintiffs contend. Following said hearing, the Plaintiffs ask for an order certifying the action as a class action, and directing that a case management order be presented by the parties to economically and efficiently proceed with the prosecution of the case. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=XHPld4E6 The Plaintiffs are represented by: Jennifer N. Willis, Esq. WILLIS & BUCKLEY, APC 3723 Canal Street New Orleans, LA 70119 Telephone: (504) 488-6301 Facsimile: (504) 488-6302 E-mail: Jenniferwblaw@bellsouth.net - and - David Vicknair, Esq. Christopher A. Meeks, Esq. SCOTT, SEVIN & VICKNAIR 3850 N. Causeway Boulevard, Suite 1130 Metairie, LA 70002 Telephone: (504) 264-1057 Facsimile: (504) 264-5557 E-mail: david@ssv-law.com chrism@ssv-law.com - and - Gary J. Gambel, Esq. MURPHY, ROGERS, SLOSS, GAMBEL & TOMPKINS One Shell Square 701 Poydras Street, Suite 400 New Orleans, LA 70139 Telephone: (504) 523-0400 Facsimile: (504) 523-5574 E-mail: ggambel@mrsnola.com EXXON MOBIL: Sued by Fentress for Breaching Duties Under ERISA -------------------------------------------------------------- BOBBY D. FENTRESS, and all other individuals similarly situated v. EXXON MOBIL CORPORATION, BRADLEY WILLIAM CORSON, SUZANNE McCARRON, MALCOLM FARRANT, NEIL CHAPMAN, and D.G. WASCOM, Case No. 4:16-cv- 03484 (S.D. Tex., November 23, 2016), accuses the Defendants of violating the Employee Retirement Income Security Act. The lawsuit is brought on behalf of the Plaintiff and other similarly situated current and former employees of Exxon Mobil Corporation, or its predecessor companies, who were participants in and beneficiaries of the Exxon Mobil Savings Plan and who were invested in Exxon company stock during the period of November 1, 2015, through October 28, 2016, inclusive. The Plaintiff seeks to recover millions of dollars of damage suffered by the participants in their retirement accounts due to the Defendants' alleged breaches of fiduciary duties. Headquartered in Irving, Texas, Exxon is a multinational oil and gas company, and is among the world's largest publicly traded company. The Plan is a defined contribution plan under ERISA sponsored by Exxon for eligible employees to contribute a portion of their income towards their retirement savings. The Defendants are senior corporate officers of Exxon and fiduciaries of the Plan. The Plaintiff is represented by: J. Hampton Skelton, Esq. SKELTON & WOODY 248 Addie Roy Road, Suite B-302 Austin, TX 78746 Telephone: (512) 651-7000 Facsimile: (512) 651-7001 E-mail: hskelton@skeltonwoody.com - and - Samuel E. Bonderoff, Esq. Jacob H. Zamansky, Esq. Edward H. Glenn, Esq. ZAMANSKY LLC 50 Broadway, 32nd Floor New York, NY 10004 Telephone: (212) 742-1414 Facsimile: (212) 742-1177 E-mail: samuel@zamansky.com eglenn@zamansky.com jake@zamansky.com FLICKERLITE BAR: Fails to Pay OT Under FLSA, "Lamb" Suit Claims --------------------------------------------------------------- Richard Lamb, on behalf of himself and similarly situated employees v. Flickerlite Bar & Pizza Restaurant, Inc., Richard Capone, Joan F. Capone, Patricia Capone, and John Capone, Case No. 0:16-cv-62744-WJZ (S.D. Fla., November 18, 2016), alleges that the Defendants failed to pay the Plaintiff and similarly situated employees all overtime pay they were owed under the Fair Labor Standards Act, by requiring them to work off the clock. Flickerlite Bar & Pizza Restaurant, Inc., is an active Florida for-profit corporation with a principal address in Hollywood, Florida. Flickerlite operates the restaurant in which the Plaintiff worked. The Individual Defendants are officers, directors, and owners of Flickerlite. The Plaintiff is represented by: Steven F. Grover, Esq. FOR STEVEN F. GROVER, PA Wells Fargo Tower One East Broward Blvd., Suite 700 Fort Lauderdale, FL 33301 Telephone: (954) 356-0005 E-mail: stevenfgrover@gmail.com FMC CORP: Harmon Sues Retirement Plan's Fiduciaries Under ERISA --------------------------------------------------------------- MATTHEW B. HARMON and SUSAN H. CLARKE, on behalf of the FMC Corporation Savings and Investment Plan, themselves, and a class consisting of similarly situated participants of the Plan v. FMC CORPORATION, EMPLOYEE WELFARE BENEFITS PLAN COMMITTEE OF FMC CORPORATION, PIERRE BRONDEAU, and JOHN DOES 1-10, Case No. 2:16- cv-06073-BMS (E.D. Pa., November 18, 2016), is brought pursuant to the Employee Retirement Income Security Act against the Plan's fiduciaries. The Plaintiffs allege that certain Defendants, each having certain responsibilities regarding the management and investment of Plan assets, breached their fiduciary duties to the Plaintiffs, the Plan and proposed Class by failing to prudently and loyally manage the Plan's investments by maintaining the Plan's pre-existing heavy investment in aggressive mutual funds when those mutual funds were no longer a prudent investment for the Plan. The FMC Corporation Savings and Investment Plan is a defined contribution plan, which is a type of retirement plan in which an employer, employee or both make regular contributions. The Employee Welfare Benefits Plan Committee of FMC administers the Plan, subject to the provisions of ERISA. FMC Corporation is a diversified chemical company serving agricultural, consumer and industrial markets. FMC is headquartered in Philadelphia, Pennsylvania. Pierre Brondeau joined FMC Corporation on January 1, 2010, as President and Chief Executive Officer and became Chairman of the Board on October 1, 2010. The John Doe Defendants include members of the Committee, whose identity is unknown to the Plaintiffs at this time. The Plaintiffs are represented by: Robert S. Kitchenoff, Esq. David H. Weinstein, Esq. WEINSTEIN KITCHENOFF & ASHER LLC 100 South Broad Street, Suite 705 Philadelphia, PA 19110 Telephone: (215) 545-7200 Facsimile: (215) 545-6535 E-mail: kitchenoff@wka-1aw.com weinstein@wka-law.com - and - Michael J. Klein, Esq. STULL, STULL & BRODY 6 East 45th Street New York, NY 10017 Telephone: (212) 687-7230 Facsimile: (212) 490-2022 E-mail: mklein@ssbny.com FORFEITURE SUPPORT: "Tidings" FLSA Lawsuit Moved to S.D. Fla. ------------------------------------------------------------- The case captioned DANIEL TIDINGS on behalf of himself and similarly situated employees Plaintiff, v. FORFEITURE SUPPORT ASSOCIATES, LLC Defendant, Case No. 0:16-cv-62703-BB (October 13, 2016) was removed to the United States District Court for the Southern District of Florida from the Circuit Court in and for Broward County, Florida. The case seeks to recover damages pursuant to the Fair Labor Standards Act. The Plaintiff is represented by: Scott M. Behren, Esq. BEHREN LAW FIRM 2893 Executive Park Drive, Suite 110 Weston, FL 33331 Phone: 954.636.3802 Fax: 772.252.3365 E-mail: scott@behrenlaw.com Defendant is represented by: Christopher P. Hammon, Esq. Gregory R. Hawran, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 701 Brickell Avenue, Suite 1600 Miami, FL 33131-2813 Phone: 305.374.0506 Fax: 305.374.0456 E-mail: chris.hammon@ogletreedeakins.com gregory.hawran@ogletreedeakins.com G & M OIL: Corona Seeks to Recover Unpaid Wages and Interest ------------------------------------------------------------ MARIA E. CORONA, on behalf of herself and others similarly situated v. G & M OIL COMPANY, INC.; and DOES 1 to 100, Inclusive, Case No. BC640876 (Cal. Super. Ct., Los Angles Cty., November 18, 2016), seeks to recover unpaid wages and interest thereon for the Defendants' alleged failure to provide required meal periods and rest periods, among other failures. G & M Oil Company, Inc., is authorized to do and is doing business within the state of California business. The Company operates convenience/fuel retailers in California. The Plaintiff is unaware of the true names of the Doe Defendants. The Plaintiff is represented by: Joseph Lavi, Esq. Vincent C. Granberry, Esq. LAVI & EBRAHIMIAN, LLP 8889 W. Olympic Blvd., Suite 200 Beverly Hills, CA 90211 Telephone: (310) 432-0000 Facsimile: (310) 432-0001 E-mail: jlavi@lelawfirm.com vgranberry@lelawfirm.com GEORGIA POWER: Appeals Court Flips Dismissal of "Cazier" Suit ------------------------------------------------------------- Judge Michael P. Boggs of the Court of Appeals of Georgia, Second Division, wrote an opinion in the CAZIER, et al., v. GEORGIA POWER COMPANY, Case No. A16A1313, concluding that the trial court erred in concluding that petitioners failed to exhaust their administrative remedies and in dismissing the petition and denying the motion for class certification on that basis. Electric power customers brought the action against Georgia Power seeking certification as a class action and refunds for alleged overpayment of sales taxes and improper calculation of municipal franchise fees. The Court of Appeals, therefore, vacates the judgment of the trial court and remand for proceedings consistent with the opinion and its opinion in Georgia Power Co. v. Cazier, 321 Ga.App. 576 (740 S.E.2d 458) (2013). Judges Barnes and Rickman concur. A copy of the Opinion is available at no charge at https://goo.gl/HoO6hT from Leagle.com. The Appellants are represented by: Roy E. Barnes, Esq. John Frank Salter, Jr., Esq. BARNES LAW GROUP 31 Atlanta Street Marietta, GA 30060 Telephone: (770) 227-6375 Facsimile: (770) 227-6373 E-mail: roy@barneslawgroup.com john@barneslawgroup.com - and - James G. Richardson, Esq. TALLEY, RICHARDSON & CABLE, P.A. 367 West Memorial Drive Post Office Box 197 Dallas, GA 30132 Telephone: (770) 445-4438 Facsimile: (770) 505-4871 The Appellees are represented by: William Middleton Droze, Esq. Robert Pursley Edwards, Jr., Esq. Roger S. Reigner, Jr., Esq. TROUTMAN SANDERS LLP 600 Peachtree Street, NE Suite 5200 Atlanta, GA 30308 Telephone: (404) 885-3468 Facsimile: (404) 962-6547 E-mail: william.droze@troutmansanders.com bob.edwards@troutmansanders.com roger.reigner@troutmansanders.com GOVERNMENT PAYMENT: Renewed Bid to Certify in "Miner" Suit Cont'd ----------------------------------------------------------------- The Clerk of the U.S. District Court for the Northern District of Illinois made a docket entry on November 22, 2016, in the case captioned Michael J. Miner v. Government Payment Service, Inc., Case No. 1:14-cv-07474 (N.D. Ill.), relating to a hearing held before the Honorable Robert M. Dow Jr. The minute entry states that the renewed motion for class certification is entered and continued. A copy of the Notification of Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=SHQlEpVV HASA INC: "Mejia" Suit Seeks to Recover Minimum & Overtime Wages ---------------------------------------------------------------- ARNULFO MEJIA, individually and on behalf of all others similarly situated v. HASA, INC., a California corporation; and DOES 1 through 50, inclusive, Case No. BC641542 (Cal. Super. Ct., Los Angeles Cty., November 22, 2016), seeks to recover, among other things, alleged unpaid compensation arising from the Defendants' failure to provide employee meal and rest periods, unpaid minimum and overtime wages, and unreimbursed business-related expenses. Based in Saugus, California, HASA, Inc. is a manufacturing company primarily engaged in the production, sale, and distribution of sodium hypochlorite and related products to the industrial, water treatment and swimming pool markets in the western United States. The Plaintiff is represented by: Mathew J. Matern, Esq. Launa Adolph, Esq. Kayvon Sabourian, Esq. MATERN LAW GROUP, PC 1230 Rosecrans Avenue, Suite 200 Manhattan Beach, CA 90266 Telephone: (310) 531-1900 Facsimile: (310) 531-1901 E-mail: MMatern@maternlawgroup.com ladolph@maternlawgroup.com ksabourian@maternlawgroup.com HONGHUA AMERICA: "Chaves" Action Seeks to Recover Overtime Pay -------------------------------------------------------------- Fernando Chavez and Marcelino Torres, on behalf of themselves and all others similarly situated, Plaintiff, v. Honghua America, LLC, Nabors Corporate Services, Inc. and Nabors Industries, Inc., Defendants, Case No. 4:16-cv-03458 (S.D. Tex., November 22, 2016), seeks unpaid overtime wages, liquidated damages and attorney's fees and costs pursuant to the Fair Labor Standards Act. Plaintiffs were rig welders employed by Honghua and Nabors. HongHua is a company that designs and manufactures oilfield equipment, including drilling rigs, and provides related services to its customers. Nabors owns and operates land-based drilling rig fleet and provides related services to its customers in the oilfield industry. Nabors hired HongHua to help build and refurbish drilling rigs for its fleet. Plaintiff is represented by: Ross A. Sears, II, Esq. WILLIAMSON, SEARS & RUSNAK, LLP 4310 Yoakum Boulevard Houston, TX 77006 Telephone: (713) 223-3330 Facsimile: (713) 223-0001 Email: ross@wsrlawfirm.com - and - Melissa Moore, Esq. Curt Hesse, Esq. MOORE & ASSOCIATES Lyric Center 440 Louisiana Street, Suite 675 Houston, TX 77002 Telephone: (713) 222-6775 Facsimile: (713) 222-6739 HULCHER SERVICES: Stagner Asks Certification of Class Under FLSA ---------------------------------------------------------------- The Plaintiff in the lawsuit captioned DAVID STAGNER, individually, and on behalf of all others similarly situated v. HULCHER SERVICES INC., Case No. 4:16-cv-01036-SWH (W.D. Mo.), asks the Court to conditionally certify the claims asserted as a collective action pursuant to the Fair Labor Standards Act. David Stagner also seeks an order: (i) authorizing a notice to be mailed to all members of each subclass consisting of Non-Exempt Hourly Laborers and Non-Exempt Hourly Managers, and other persons with similar job titles, duties, and compensation structures, employed by Hulcher within three years from the date of certification to the present, who were not paid all straight time and overtime compensation due and owing; and (ii) requiring the Defendant to provide to the Plaintiff a list of all members of the putative class, and to post the Notice of the lawsuit in conspicuous locations where it employs its Non-Exempt Hourly Laborers and Managers, and others with similar job titles duties, and compensation structures. Mr. Stagner further asks to be appointed as class representative and his counsel as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=dbMFykFH The Plaintiff is represented by: Matthew E. Osman, Esq. OSMAN & SMAY LLP 8500 W. 110th St., Suite 330 Overland Park, KS 66210 Telephone: (913) 667-9243 Facsimile: (866) 470-9243 E-mail: mosman@workerwagerights.com The Defendant is represented by: Nancy M. Leonard, Esq. Heather M. Lake, Esq. CONSTANGY, BROOKS, SMITH & PROPHETE, LLP 2600 Grand Boulevard, Suite 750 Kansas City, MO 64108 Telephone: (816) 472-6400 E-mail: nleonard@constangy.com hlake@constangy.com IGNITE PAYMENTS: Zam & Zam Files Suit Over "Optional" Services -------------------------------------------------------------- ZAM & ZAM SUPER MARKET, LLC, individually and on behalf of all others similarly situated, Plaintiff, v. IGNITE PAYMENTS, LLC; FIRST DATA MERCHANT SERVICES CORPORATION; and FIRST DATA CORPORATION, Defendants, Case No. 1:16-cv-06370 (E.D.N.Y., November 16, 2016), alleges that Defendants have systematically exploited their position of trust and power by unfairly and deceptively "cramming" Plaintiff and their other merchant customers with "optional" services that the merchants specifically declined and that provide no benefit to the merchants. IGNITE PAYMENTS, LLC provides a payment processing solution to agents and ISOs in the payments industry. The Plaintiff is represented by: David S. Stellings, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN L.L.P. 250 Hudson Street 8th Floor New York, NY 10013 Phone: 212-355-9500 E-mail: dstellings@lchb.com - and - Roger N. Heller, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN L.L.P. 275 Battery Street, 29th Floor San Francisco, CA 94111 Phone: 415-956-1000 E-mail: rheller@lchb.com - and - E. Adam Webb, Esq. WEBB, KLASE& LEMOND, LLC 1900 The Exchange, S.E., Suite 480 Atlanta, GA 30339 Phone: 770-444-0773 E-mail: Adam@WebbLLC.com ILLUSIONS INC: Court Certifies Class of Dancers in "Brooks" Suit ---------------------------------------------------------------- The Hon. Keith Starrett entered a memorandum opinion and order in the lawsuit titled ASHLEY BROOKS, et al. v. ILLUSIONS, INC., et al., Case No. 5:16-CV-31-KS-MTP (S.D. Miss.), granting Plaintiff Rachel LeBlanc's motion seeking conditional certification of a class of current and former dancers at Illusions in order to send notice of the lawsuit. The Defendants are given 10 days from the date of the order, to provide to the Plaintiffs, in usable electronic form, the names, addresses, e-mail addresses, social media handles/identifiers, and phone numbers of all members of the prospective class. Plaintiffs Rachel Leblanc, Ashley Brooks, and Brian Sharp, on behalf of themselves and all other similarly situated, filed the action under the Fair Labor Standards Act against Defendants Illusions, Inc., and Thomas Walsh. The lawsuit alleges that the Defendants violated the FLSA minimum wage and overtime requirements by paying dancers, their employees, zero dollars in hourly wages. A copy of the Memorandum Opinion and Order is available at no charge at https://goo.gl/F1B2J5 from Leagle.com. Plaintiffs Ashley Brooks, Brian Sharp and Rachel Leblanc are represented by: Joel F. Dillard, Esq. JOEL F. DILLARD, PA 775 North Congress Street Jackson, MS 39202 Telephone: (601) 487-7369 Facsimile: (601) 354-7854 E-mail: joel.f.dillard@gmail.com Defendants Illusions, Inc., and Thomas Walsh are represented by: Anders Ferrington, Esq. ANDERS FERRINGTON, PLLC 101 State Street Jackson, MS 39201 Telephone: (601) 316-8428 Facsimile: (855) 631-3745 E-mail: anders@ferringtonlaw.com INTERACTIVECORP: Company Control Challenged in "Miller" Suit ------------------------------------------------------------ Charles Miller, Jessie Lew Mahoney and Janet Ann Denton, on behalf of themselves and all other similarly situated stockholders of IAC/InterActiveCorp. (IAC), Plaintiffs, v. IAC/InterActiveCorp, Barry Diller, Edgar Bronfman, Jr., Michael Eisner, Bonnie Hammer, Bryan Lourd, Alan Spoon, Victor Kaufman, Helsea Clinton, Alexander Von Furstenberg, Joseph Levin, David Rosenblatt and Richard F. Zannino, Defendants, Case No. 59865675, (Del. Ch., November 22, 2016), seeks appropriate compensatory damages, together with pre- and post-judgment interest, costs, expenses, and disbursements of this action, including attorneys' and experts' fees and such other and further relief for breach of fiduciary duty. Plaintiffs allege that IAC's controlling stockholder, Barry Diller, plans to create a new, non-voting class of stock for the express purpose of maintaining the Diller family's voting control. Diller, his family, and their trusts own less than 8% of IAC's outstanding stock, but wield 44% of the Company's voting power through super-voting Class B shares. Diller exercises further control as Chairman and Senior Executive. At 74 years old, he is now improperly using his control to perpetuate himself in power for the remainder of his life, and then pass control to family members who have never run IAC. Plaintiff is represented by: Joel Friedlander, Esq. Jeffrey Gorris, Esq. Christopher M. Foulds, Esq. FRIEDLANDER & GORRIS P.A. 1201 N. Market Street, Suite 2200 Wilmington, DE 19801 Tel: (302) 573-3500 - and - Mark Lebovitch, Esq. John Vielandi, Esq. David MacIsaac, Esq. BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 1251 Avenue of the Americas New York, NY 10020 Tel: (212) 554-1400 - and - Laurence D. Paskowitz, Esq. Roy L. Jacobs, Esq. THE PASKOWITZ LAW FIRM P.C. 208 East 51st Street, Suite 380 New York, NY 10022 Tel: (212) 685-0969 - and - Steven J. Purcell, Esq. Douglas E. Julie, Esq. PURCELL JULIE & LEFKOWITZ LLP 65 Broadway, Suite 828 New York, NY 10006 Tel: (212) 725-1000 INVICTA WATCH: "Felice" Files Suit Over Defective Watches --------------------------------------------------------- Jon B. Felice, Individually and on behalf of all others similarly situated, Plaintiff, v. Invicta Watch Company of America, Inc., Defendant, Case No. 0:16-cv-62772 (S.D. Fla., October 22, 2016), seeks injunctive relief, disgorgement of money acquired illegally, attorneys' fees and expenses and such other and further relief for breach of warranties of express and implied warranties, fraudulent concealment and violations of the Magnuson-Moss Warranty Act and the Florida Deceptive and Unfair Trade Practices Act. Plaintiff owns an Invicta Pro Diver Series Watches manufactured by the Defendant. He claims that the Pro Diver Watches are prone to leakage at any depth and in non-marine situations like swimming, hand washing, bathing and rain, despite Defendants' claim that its product is suitable for scuba diving, marine activity, and surface water sports and water resistant from 50 meters to 300 meters. The Plaintiff is represented by: Christopher S. Polaszek, Esq. THE POLASZEK LAW FIRM, PLLC 3407 W. Kennedy Blvd. Tampa, FL 33609 Tel: (813) 574-7678 Email: chris@polaszeklaw.com - and - Jeffrey M. Norton, Esq. Roger A. Sachar, Jr. 1250 Broadway, 27th Fl. New York, NY 10001 Tel: (212) 619-5400 Email: jnorton@nfllp.com rsachar@nfllp.com JPMORGAN CHASE: Wins Prelim. OK of Settlement in "James" Suit ------------------------------------------------------------- The Hon. Steven D. Merryday granted the Plaintiffs' unopposed motion for class certification of a "settlement-only class" under the Telephone Consumer Protection Act and for preliminary approval of the settlement's fairness in the lawsuit styled MICHELLE JAMES, et al. v. JPMORGAN CHASE BANK, N.A., Case No. 8:15-cv-02424-SDM- JSS (M.D. Fla.). The parties' motion for an extension of time to move for class certification is denied as moot, and the parties' motion to remove the action from the December trial calendar is granted. The proposed class consists of: All persons in the United States who received calls from Chase between January 1, 2014 and March 22, 2016 that (a) were directed to a phone number assigned to a cellular telephone service, (b) were wrong number calls - in that the subscriber or customary user of the phone number called was different from the party that Chase was trying to reach, (c) were placed using an automatic telephone dialing system, and (d) were directed to a phone number associated with a Chase deposit account according to Chase's records. The Court appoints as class representatives Michelle James and Nichole Seniuk and as class counsel Michael L. Greenwald, Esq., James L. Davidson, Esq., and Aaron D. Radbil, Esq., of Greenwald Davidson Radbil PLLC. Kurtzman Carson Consultants is appointed as the class-action administrator. Judge Merryday also approves the Plaintiffs notice program and claim form. No later than January 5, 2017, the administrator must mail the post-card notice to each class member, must advertise in People, and must establish a Web site and phone hotline. Settlement Hearing is set for June 5, 2017, at 9:00 a.m. Objection to the settlement's fairness must be filed no later than March 21, 2017. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=ScBjJiYq KALITTA AIR: Leger Sues Over Unpaid FLSA Overtime and Hazard Pay ---------------------------------------------------------------- GLENN LEGER, on behalf of himself and all others similarly situated v. CONRAD KALITTA and KALITTA AIR, LLC, Case No. 1:16-cv- 06545 (E.D.N.Y., November 23, 2016), is a collective action under the Fair Labor Standards Act, brought on behalf of all mechanics employed by the Defendants, who worked more than 40 hours per week and were not paid at overtime rates. The lawsuit is also a class action under state law for breach of contract, money had and received, conversion, quantum meruit, unjust enrichment, and fraud/fraudulent concealment. The Plaintiff also brought the lawsuit on behalf of all airline crew members, who were denied hazard pay that the Defendants received through government contracts and were required to pass through to the Hazard Pay Class. Kalitta Air is a Michigan limited liability company that is 100% owned by Conrad Kalitta. The Company began operations in November, 2000 with three Boeing 747 aircraft and, at present, has over 20 aircraft all of which transport cargo to combat zones for the U.S. armed forces. The Company is a freight carrier and, as relevant to this action, contracts with the U.S. Transportation Command to pick up and deliver cargo to the U.S. armed forces in various locations including areas that have been designated "combat zones" by the President of the United States. The Plaintiff is represented by: Mark C. Gardy, Esq. Orin Kurtz, Esq. GARDY & NOTIS, LLP Tower 56 126 East 56th Street, 8th Floor New York, NY 10022 Telephone: (212) 905-0509 Facsimile: (212) 905-0508 E-mail: mgardy@gardylaw.com okurtz@gardylaw.com KIDZ K'NECT: "Adams" Suit Seeks OT Wages for Off-the-Clock Work --------------------------------------------------------------- Bryanna Adams and Brittany Mimms, on behalf of themselves individually and all others similarly situated, v. Kidz K'Nect Child Development Center, Defendant, Case No. 4:16-cv-03482, (S.D. Tex., November 22, 2016), seeks equitable relief, compensatory and liquidated damages, attorney's fees, taxable costs of court and post-judgment interest for failure to pay overtime wages and compensation for hours worked, but not recorded or paid under the Fair Labor Standards Act. Defendant are Child Care Workers whose job duties included drafting lesson plans, teaching, cleaning classrooms and providing care for children at Defendant's center at 19052 Creek Bend Drive, Spring, Texas 77388. They claim to have been denied overtime pay for off-the-clock hours rendered. Plaintiff is represented by: Taft L. Foley, II, Esq. THE FOLEY LAW FIRM 3003 South Loop West, Suite 108 Houston, TX 77054 Tel: (832) 778-8182 Fax: (832) 778-8353 Email: Taft.Foley@thefoleylawfirm.com KJ&M WALL: Underpays Workers' Wages, "Silva" Class Suit Alleges --------------------------------------------------------------- MANUEL SILVA, individually and on behalf of all other similarly situated employees of DEFENDANTS in the State of California v. KJ&M WALL CORP., and DOES 1 - 50, Inclusive, Case No. BC641062 (Cal. Super. Ct., Los Angeles Cty., November 18, 2016), alleges that the Defendants decreased their employment-related costs at their locations by systematically underpaying wages to their employees, including the Plaintiff, in violation of California wage and hour laws. KJ&M Wall Corp. is a private, for-profit California corporation doing business throughout the state of California, including the County of Los Angeles. KJ&M is a drywall company and conducts business at various job sites throughout Los Angeles. The true names and capacities of the Doe Defendants are presently unknown to the Plaintiff. The Plaintiff is represented by: Graham S.P. Hollis, Esq. Vilmarie Cordero, Esq. Paloma Acosta, Esq. GRAHAM HOLLIS APC 3555 Fifth Avenue, Suite 200 San Diego, CA 92103 Telephone: (619) 692-0800 Facsimile: (619) 692-0822 E-mail: ghollis@grahamhollis.com vcordero@grahamhollis.com pacosta@grahamhollis.com LANNETT CO: Faces "Utesch" Securities Suit Over Drug Pricing ------------------------------------------------------------ JOHN UTESCH, Individually and on Behalf of All Others Similarly Situated, Plaintiff(s), v. LANNETT COMPANY, INC., ARTHUR P. BEDROSIAN, and MARTIN P. GALVAN, Defendants, Case No. 2:16-cv- 05932-WB (E.D. Pa., November 16, 2016), alleges violations of the U.S. Securities and Exchange Act by making false and/or misleading statements and/or failed to disclose on its Form 10-K filing for the fiscal year ended June 30, 2013 that Lannett's drug pricing relied on unsustainable pricing methodologies. LANNETT COMPANY, INC. develops, manufactures, packages, markets and distributes generic versions of brand pharmaceutical products in the United States. The Plaintiff is represented by: Jacob A. Goldgerg, Esq. Gonen Haklay, Esq. THE ROSEN LAW FIRM, P.A. 101 Greenwood Avenue, Suite 203 Jenkintown, PA 19046 Phone: (215) 600-2817 Fax: (212) 202-3827 E-mail: jgoldberg@rosenlegal.com ghaklay@rosenlegal.com - and - Laurence Rosen Esq. Philip Kim, Esq. 275 Madison Ave., 34th Floor New York, NY 10016 Phone: (212) 686-1060 Fax: (212) 202-3827 E-mail: lrosen@rosenlegal.com pkim@rosenlegal.com LOS ANGELES, CA: C.D. Cal. Ct. Dismisses Class Claims in GLAD Suit ------------------------------------------------------------------ The Hon. Cormac J. Carney entered an order denying the Plaintiff's second amended motion for class certification and dismissing without prejudice class claims in the lawsuit entitled GREATER LOS ANGELES AGENCY ON DEAFNESS, INC. v. COUNTY OF LOS ANGELES, Case No. 2:14-cv-04269-CJC-JPR (C.D. Cal.). The Greater Los Angeles Agency on Deafness, Inc., and Rondol Hobart bring the putative class action against the County of Los Angeles for alleged violations of civil rights, the Americans with Disabilities Act, and the Rehabilitation Act. The Plaintiffs sought to define the class as all individuals, who "are deaf or hard of hearing or deaf-blind and have interacted or will currently interact with Defendant County of Los Angeles or its agency Los Angeles County Sheriff's Department, including during investigation, arrest, booking or interrogation while in the Los Angeles County Sheriff's Department's custody." A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=YWn0ho5Y MANGUAL'S GENERAL: "Ortiz" Suit Seeks to Recoup Pay Under FLSA -------------------------------------------------------------- LAZARO ALBERTO ORTIZ, and all others similarly situated under 29 U.S.C. 216(b), Plaintiff, vs. MANGUAL'S GENERAL SERVICES, INC., JOSE E MANGUAL, Defendants, Case No. 1:16-cv-24789-DPG (S.D. Fla., November 16, 2016), alleges that Plaintiffs were not paid overtime and/or minimum wages for work performed in excess of 40 hours weekly in violation of the Fair Labor Standards Act. MANGUAL'S GENERAL SERVICES, INC. is a small organization in the services industry located in Miami, FL. It opened its doors in 2008. The Plaintiff is represented by: J.H. Zidell, Esq. J.H. ZIDELL, P.A. 300 71st Street, Suite 605 Miami Beach, FL 33141 Phone: (305) 865-6766 Fax: (305) 865-7167 Email: ZABOGADO@AOL.COM MARYLAND: Sued Over Harmful Soil and Soil Vapor Contaminates ------------------------------------------------------------ Riggs Park Advocates for Environmental Justice Association, LLC 742 Oglethorpe St NE Washington DC 20011; Shiloh Church ofGod 7th Day, 5701 Eastern Ave, Hyattsville MD 29782; John R. Dunston, 5842 Eastern Ave, NE Washington, DC 20011; and Linda G. Pulley, 645 Kensington PI. Washington DC 20011, et al., the Plaintiffs v. State of Maryland, State of Maryland Department of the Environment Chevron U.S.A. Having its principal place of business in the State of California, the Defendants, Case No. 2016 CA 008454 (D.C. Super. Ct., Nov. 18, 2016), seeks to secure redress from the Defendants for damages suffered by Plaintiffs. According to the complaint, the Defendants' groundwater database test results are evidence that years of hazardous toxic chemicals did release into the environment which resulted in Defendants perpetrating annual conspiracies to conceal and not disclose the presence of hazardous toxic chemicals, which pose a real and imminent danger to Plaintiffs. Defendants knew or should have known hazardous contaminates were migrating towards a known sensitive receptor, minority population causing Plaintiffs to experience more than normal medical, mental and financial stressors and damage to Plaintiffs' real properties. The complaint says Defendants had superior knowledge of then current remedial technologies to provide protections from the harmful soil and soil vapor contaminates. Nondisclosure will become the equivalent of fraudulent concealment when it becomes the duty of a person to speak in order that the party with whom he is dealing may be placed on equal footing. Even when parties are dealing at arms' length, a duty to disclose may arise from the existence of material fact particularly within the knowledge of the party sought to be charged and not within the fair and reasonable reach of the other party. Because of the Defendants' breaches of duty, the Plaintiffs assert that the actions of the Defendants (civil conspiracy) violated various District of Columbia and Federal Civil Rights protections which caused Plaintiffs' to experience undue hardships, stress-generated life experiences as the Plaintiffs experienced increasing medical and mental expenses. Defendants' putative conduct was willful and outrageous. As a direct and proximate result of the Defendants trespass, the Plaintiffs and punitive class members have been harmed and injured, in their person and real property, says the complaint. Maryland is a Mid-Atlantic state that's defined by its abundant waterways and coastlines on the Chesapeake Bay and Atlantic Ocean. Its largest city is Baltimore. The Plaintiffs are represented by: Charles Tucker, Jr., Esq. TUCKER LAW GROUP, LLP 1201 Seven Locks Road Rockville, MD 20852 Telephone: (301) 706 2242 E-mail: charles@tuckerlawgroupllp.com - and - Carlos E. Moore, Esq. MOORE LAW GROUP, PC PO Box 1487 Grenada, MS 38902 Telephone: 662 227 9940 Facsimile: 662 227 9941 E-mail: Carlos@CarlosMooreLaw.com www.CarlosMooreLaw.com The Defendants are represented by: Attorney General STATE OF MARYLAND 200 St. Paul Street Baltimore, MD 21202 State of Maryland Department 1800 Washington Blvd. - and - Mr. R. Hewitt Pate GENERAL COUNSEL Chevron USA 6001 Bollinger Cannon Road San Ramon, CA 94583 NEW YORK: Dachille Sues Over Denial of $12K Reimbursement --------------------------------------------------------- In the Matter of the Application of MARY DACHILLE, by her attorney-in-fact, WILLIAM DACHILLE, on behalf of herself and all others similarly situated v. HOWARD ZUCKER, M.D., as Commissioner of the received the New York State Department of Health, and SAMUEL D. ROBERTS, as Commissioner of the Office of Temporary and Disability Assistance of the New York State Department of Family Assistance, Case No. 16 008273 (N.Y. Sup. Ct., Nassau Cty., November 22, 2016), is brought pursuant to 42 U.S.C. Section 1983 for the alleged deprivation of the Plaintiff's rights under the Due Process Clause of the Fourteenth Amendment to the United States Constitution and under federal Medicaid law and regulations. Ms. Dachille, age 86, currently resides in Seaford, New York. She is a recipient of Medical Assistance, and receives Medicaid coverage from the Nassau County Department of Social Services. She challenges a decision, which upheld a determination of Defendant Zucker to deny reimbursement for the $12,386 that she paid to obtain personal care services ("PCS") during the 68-day interval between receipt of her Client Benefit Identification Card and the commencement of her Medicaid-funded PCS. The Medicaid program is a joint federal-state program, which is designed to assist needy individuals and families "whose income and resources are insufficient to meet the costs of necessary medical services." Howard Zucker, M.D., is the Commissioner of the New York State Department of Health. Samuel D. Roberts is the Commissioner of the Office of Temporary and Disability Assistance of the New York State Department of Family Assistance. The Plaintiff is represented by: Peter Vollmer, Esq. LAW OFFICE OF PETER VOLLMER, P.C. 19 Hawthorne Road Sea Cliff, NY 11579-1742 Telephone: (516) 277-1156 E-mail: PVollmer96@aol.com The Defendants are represented by: Eric T. Schneiderman, Esq. ATTORNEY GENERAL OF THE STATE OF NEW YORK NEW YORK STATE DEPARTMENT OF LAW 200 Old Country Road, Suite 240 Mineola, NY 11501-3194 Telephone: (516) 248-3300 Facsimile: (516) 747-6432 E-mail: Eric.Schneiderman@ag.ny.gov NORTHLAND GROUP: Certification of Class Sought in "Santiago" Suit ----------------------------------------------------------------- The Plaintiff in the lawsuit captioned NORMA I. SANTIAGO, on behalf of herself and those similarly situated v. NORTHLAND GROUP INC.; PINNACLE CREDIT SERVICES, LLC; and JOHN DOES 1 to 10, Case No. 2:15-cv-03608-SRC-CLW (D.N.J.), moves the Court to certify her proposed class of similarly situated persons. Ms. Santiago also asks the Court for leave to file an amended complaint. A copy of the Notice is available at no charge at http://d.classactionreporternewsletter.com/u?f=krrBGQws The Plaintiff is represented by: Bharati Sharma Patel, Esq. THE WOLF LAW FIRM, LLC 1520 U.S. Highway 130 - Suite 101 North Brunswick, NJ 08902 Telephone: (732) 545-7900 Facsimile: (732) 545-1030 E-mail: bpatel@wolflawfirm.net - and - Yongmoon Kim, Esq. KIM LAW FIRM, LLC 411 Hackensack Avenue, 2nd Floor Hackensack, NJ 07601 Telephone: (201) 273-7117 Facsimile: (201) 273-7117 E-mail: ykim@kimlf.com The Defendants are represented by: Han Sheng Beh, Esq. HINSHAW & CULBERTSON LLP 800 Third Avenue, 13th Floor New York, NY 10022 Telephone: (212) 471-6238 E-mail: hbeh@hinshawlaw.com NORTHSTAR ASSET: Accused by Kessler of Violating Securities Laws ---------------------------------------------------------------- CINDY KESSLER, Individually and on Behalf of All Others Similarly Situated v. NORTHSTAR ASSET MANAGEMENT GROUP, INC., DAVID T. HAMAMOTO, ALBERT TYLIS, STEPHEN CUMMINGS, JUDITH HANNAWAY, OSCAR JUNQUERA, JUSTIN METZ, WESLEY MINAMI and LOUIS PAGLIA, Case No. 1:16-cv-03745-JFM (D. Md., November 18, 2016), accuses the Defendants of violating the Securities Exchange Act of 1934, in connection with the proposed merger between Colony Capital, Inc., NSAM and NorthStar Realty Finance Corp. NSAM is a Delaware corporation which maintains offices in Bethesda, Maryland. NSAM operates as a global asset management firm. The Company engages in the management of real estate and other investment platforms in the United States and internationally. The Individual Defendants are directors and officers of the Company. The Plaintiff is represented by: Charles J. Piven, Esq. Yelena Trepetin, Esq. BROWER PIVEN, A PROFESSIONAL CORPORATION 1925 Old Valley Road Stevenson, MD 21153 Telephone: (410) 332-0030 Facsimile: (410) 685-1300 E-mail: piven@browerpiven.com trepetin@browerpiven.com - and - Guri Ademi, Esq. Shpetim Ademi, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Ave. Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: gademi@ademilaw.com sademi@ademilaw.com PADILLA CONSTRUCTION: Windsor Sues Alleging Breach of Contract -------------------------------------------------------------- WINDSOR ELECTRICAL CONTRACTING, INC., on behalf of itself and others similarly situated v. PADILLA CONSTRUCTION SERVICES, INC., and ALEXANDER T. HOLUKA, Case No. 608946/2016 (N.Y. Sup. Ct., Nassau Cty., November 18, 2016), alleges that Padilla has materially breached its contract with the Plaintiff -- the Parks Subcontract -- by failing to fully pay the Plaintiff for the labor, materials, work, equipment and services furnished at the Parks Project. The Plaintiff alleges it has been damaged in an amount of $40,727, plus interest thereon from January 30, 2015, and costs and disbursements. Padilla Construction Services, Inc., is a domestic corporation duly organized and existing under the laws of the state of New York, with a place of business in the County of Nassau. Alexander T. Holuka is the Vice President of Padilla and he is a resident of the County of Nassau. Padilla, as contractor, and the New York City Department of Parks and Recreation or the City of New York, as owner, entered into a construction contract whereby Padilla agreed to furnish the labor, materials, work, equipment and services necessary for the public improvement construction project known as Reconstruction of Collect Pond Park in New York. Thereafter, Padilla entered into a subcontract (the "Parks Subcontract") with the Plaintiff, whereby the Plaintiff agreed to provide Padilla with certain labor, materials and equipment in order to perform electrical work at the Parks Project, including but not limited to, lamp posts, conduits, relays, copper cable, wiring, lighting and traffic signals, and Padilla agreed to pay the Plaintiff the lump sum and unit prices set forth in the Parks Subcontract. The Plaintiff is represented by: Joseph P. Asselta, Esq. FORCHELLI, CURTO, DEEGAN, SCHWARTZ, MINEO & TERRANA, LLP 333 Earle Ovington Blvd., Suite 1010 Uniondale, NY 11553 Telephone: (516) 248-1700 Facsimile: (516) 248-1729 E-mail: jasselta@forchellilaw.com PRIMO CAFE: Accused by "Almodovar" Class Suit of Violating FLSA --------------------------------------------------------------- JACQUELINE E HENRIQUEZ DE ALMODOVAR and all others similarly situated under 29 U.S.C. 216(b) v. PRIMO CAFE & MARKET INC., ALEJANDRO MARCARIAN, Case No. 1:16-cv-24911-FAM (S.D. Fla., November 23, 2016), arises from the Defendants' alleged violation of the Fair Labor Standards Act. Primo Cafe & Market Inc. is a corporation that regularly transacts business within Miami-Dade County. Alejandro Marcarian is a corporate officer, owner or manager of Primo Cafe. 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 PRINCIPAL LIFE: Rozo Seeks to Cert. Class of Pension Plan Members ----------------------------------------------------------------- Frederick Rozo moves for an order certifying the action titled FREDERICK ROZO v. PRINCIPAL LIFE INSURANCE COMPANY, Case No. 4:14- cv-00463-JAJ-CFB (S.D. Iowa), as a class action and appointing the Plaintiff's counsel as Class Counsel. The Plaintiff seeks an order certificating of this class: All participants in and beneficiaries of defined contribution employee pension benefit plans within the meaning of ERISA Section 3(2)(A), 29 U.S.C. Section 1002(2)(A), who had funds invested in the PFIO contract CGF01 from six years before the filing of this action until the time of trial. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=a1OkJ525 The Plaintiff is represented by: Todd F. Jackson, Esq. Nina Wasow, Esq. FEINBERG, JACKSON, WORTHMAN & WASOW LLP 383 4th Street, Suite 201 Oakland, CA 94607 Telephone: (510) 269-7998 Facsimile: (510) 269-7994 E-mail: todd@feinbergjackson.com nina@feinbergjackson.com - and - Christopher T. Micheletti, Esq. Heather T. Rankie, Esq. ZELLE LLP 44 Montgomery Street, Suite 3400 San Francisco, CA 94104 Telephone: (415) 633-1912 Facsimile: (415) 693-0770 E-mail: cmicheletti@zelle.com hrankie@zelle.com - and - Garrett W. Wotkyns, Esq. Michael McKay, Esq. SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP 8501 N. Scottsdale Rd., Suite 270 Scottsdale, AZ 85253 Telephone: (480) 428-0145 Facsimile: (866) 505-8036 E-mail: gwotkyns@schneiderwallace.com mmckay@schneiderwallace.com - and - Todd Schneider, Esq. Mark Johnson, Esq. SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 Emeryville, CA 94608 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 E-mail: tschneider@schneiderwallace.com mjohnson@schneiderwallace.com - and - J. Barton Goplerud, Esq. Brian O. Marty, Esq. HUDSON, MALLANEY, SHINDLER & ANDERSON P.C. 5015 Grand Ridge Drive, Suite 100 West Des Moines, IA 50265 Telephone: (515) 223-4567 Facsimile: (515) 223-8887 E-mail: jbgoplerud@hudsonlaw.net bmarty@hudsonlaw.net RAIN INTERNATIONAL: Sued by Joyce Over Sales Tax Overcharging ------------------------------------------------------------- Linda Joyce, individually, and on behalf of other persons similarly situated and the general public v. RAIN INTERNATIONAL and DOES 1 to 100, inclusive, Case No. BC641056 (Cal. Super. Ct., Los Angeles Cty., November 18, 2016), alleges that the Defendants are engaged in illegal conduct (overcharging on sales tax) that violates the Consumer Legal Remedies Act, false advertising, and Unfair Competition laws. Rain International is a foreign entity, not registered with the California Secretary of State, yet doing business throughout California. The Defendants sell health-related products throughout California, including Los Angeles County. The true names and capacities of the Doe Defendants are unknown to the Plaintiff. According to the complaint, the Defendants sell their health- related products to the public and collect sales tax on those sales. However, they have a policy whereby they overcharge for sales tax, keeping the overage as profit. The Plaintiff sent the Defendants a Consumer Legal Remedies Act ("CLRA") notice but the Defendants refused to change their illegal practice, resulting in this lawsuit. The Plaintiff is represented by: Manuel H. Miller, Esq. LAW OFFICES OF MANUEL H. MILLER A Professional Corporation 20750 Ventura Blvd., Suite 440 Woodland Hills, CA 91364 Telephone: (818) 710-9993 Facsimile: (818) 710-1938 E-mail: miller4law@msn.com - and - Jeffrey M. Schwartz, Esq. SCHWARTZ LAW, P.C. 647 Camino De Los Mares, Suite 225 San Clemente, CA 92673 Telephone: (888) 7300-LAW E-mail: jeff@JeffSchwartzLaw.com RCI DINING: Faces "Rodriguez" Suit Under FLSA, NY Labor Law ----------------------------------------------------------- Iolanda Rodriguez, individually and on behalf of all other persons similarly situated who were employed by RCI DINING SERVICES (37th STREET), INC. d/b/a VIVID CABARET; RCI HOSPITALITY HOLDINGS, INC.; and/or any other entities affiliated with or controlled by RCI DINING SERVICES (37th STREET), INC.; RCI HOSPITALITY HOLDINGS, INC., Plaintiffs, v. RCI DINING SERVICES (37th STREET), INC. d/b/a VIVID CABARET; KINEMATICS MERCHANDISING & DISTRIBUTORS, INC.; RCI HOSPITALITY HOLDINGS, INC. and/or any other entities affiliated with or controlled by RCI DINING SERVICES (37th STREET), INC. d/b/a VIVID CABARET; KINEMATICS MERCHANDISING & DISTRIBUTORS, INC.; and/or RCI HOSPITALITY HOLDINGS, INC., Defendants, Case No. 1:16-cv-08900 (S.D.N.Y., November 16, 2016), was brought over alleged unlawful deductions, kickback of wages, and retention of gratuities, recordkeeping violations, uniform expenses, unpaid minimum wages and improperly withheld wages owed to Plaintiff under the Fair Labor Standards Act and the New York Labor Law. Defendants operate an adult entertainment establishment under the name "Vivid Cabaret." The Plaintiff is represented by: LaDonna Lusher, Esq. VIRGINIA & AMBINDER, LLP 40 Broad Street, 7th Floor New York, NY 10004 Phone: (212) 943-9080 Fax: (212) 943-9082 E-mail: llusher@vandallp.com RUBIN & ROTHMAN: Gets Final OK of "Gamil" Suit Class Settlement --------------------------------------------------------------- The Hon. Arlene R. Lindsay entered a final order approving the class settlement agreement in the lawsuit entitled ROEI GAMIL, an individual; on behalf of himself and all others similarly situated v. RUBIN & ROTHMAN, LLC, a New York Limited Liability Company; and JOHN AND JANE DOES NUMBERS 1 THROUGH 25, Case No. 2:15-cv-00981- ARL (E.D.N.Y.). The Court certified this Settlement Class: All consumers with addresses in the State of New York to whom Rubin & Rothman mailed an initial written communication, which failed to state that the consumer must dispute the debt in writing in order to obtain verification, during the period beginning February 25, 2014, and ending March 18, 2015. The Plaintiffs brought the lawsuit alleging Rubin & Rothman violated the Fair Debt Collection Practices Act by mailing consumers initial written collection communications, which failed to state that the consumer must dispute the debt in writing in order to obtain verification. Upon the Effective Date, as that term is defined in the Agreement, Rubin Rothman will make payments, including these: (a) Rubin & Rothman will create a class settlement fund of $4,000, which Class Counsel through the Settlement Administrator will distribute pro rata among those Settlement Class Members, who did not exclude themselves and who timely returned a claim form; (b) Rubin & Rothman will pay the Plaintiff $1,000; (c) Rubin & Rothman will pay Class Counsel $26,000 for their attorneys' fees and costs incurred in the action; A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=PxEnwXct S&P OYSTER: Stebbins Move for Certification of Class Under FLSA --------------------------------------------------------------- The Plaintiffs move for conditional certification of the collective action entitled JAMES STEBBINS, DANIEL CLARK, and BRIAN POTHIER, on behalf of themselves and all others similarly situated v. S&P OYSTER CO. d/b/a S&P OYSTER COMPANY, PETER NIKOLAISEN, and CATHLEEN HOLLAND, Case No. 3:16-cv-00992-AWT (D. Conn.). James Stebbins, et al., also move for Court-authorized notice to similarly situated persons pursuant to the Fair Labor Standards Act, and for expedited discovery. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=mkjrwE3p The Plaintiffs are represented by: William G. Madsen, Esq. Magdalena B. Wiktor, Esq. MADSEN, PRESTLEY & PARENTEAU, LLC 402 Asylum Street Hartford, CT 06103 Telephone: (860) 246-2466 E-mail: wmadsen@mppjustice.com mwiktor@mppjustice.com - and - Louis Pechman, Esq. Laura Rodriguez, Esq. PECHMAN LAW GROUP 488 Madison Avenue - 11th Floor New York, NY 10022 Telephone: (212) 583-9500 E-mail: pechman@pechmanlaw.com rodriguez@pechmanlaw.com SUNRISE FAMILY: "Ellis" Suit to Recover Overtime Pay ---------------------------------------------------- Tiffany Ellis, Dana Davis, Judy Swank, Brenda Phillips and Jo Ellen Conway, Plaintiffs, for themselves, and all others similarly situated v. Sunrise Family Healthcare, LLC and Defendant Ahmet H. Ali, Defendants, Case No. 2:16-cv-01088 (S.D. Ohio., November 11, 2016), seeks to recover unpaid wages, including overtime pay and other damages pursuant to the Fair Labor Standards Act and the Ohio Minimum Fair Wage Standards Act. Defendants provide home healthcare services throughout Central Ohio in hospitals, nursing homes, residential facilities and in patient's homes. They maintain a principle office in Franklin County, Ohio. Ellis worked as Human Resources Manager. She claims to have worked through her lunch breaks without overtime compensation. Davis was hired as a scheduler and claims to have not been paid overtime for on-call duties outside the office. Swank, Conway and Phillips worked for the Defendants as Home Health Aides. They claim to work more than 40 hours in a single workweek, but were not compensated for overtime. The Plaintiff is represented by: Greg R. Mansell, Esq. Carrie J. Dyer, Esq. MANSELL LAW, LLC 1457 S. High St. Columbus, OH 43207 Tel: (614) 610-4134 Fax: (513) 826-9311 Email: Greg.Mansell@Ohio-EmploymentLawyer.com Carrie.Dyer@Ohio-EmploymentLawyer.com TAQUERIA EL ALTENO: "Che" Suit Seeks to Recover Overtime Pay ------------------------------------------------------------ Jose Che, Plaintiff, v. Taqueria El Alteno Restaurants and its owner, Maria E. Leon, Individually, Defendants, Case No. 4:16-cv- 03477 (S.D. Tex., November 22, 2016), seeks to recover unpaid overtime wages, liquidated damages, and attorneys' fees owed to him and other similarly situated employees under the Fair Labor Standards Act. Defendants operate a chain of Mexican Restaurants in Houston, Texas where Che worked as a cook. He routinely worked more than forty hours per workweek, and was not paid overtime. Plaintiff is represented by: Mark Siurek, Esq. Patricia Haylon WARREN & SIUREK, L.L.P. 3334 Richmond Ave, Suite 100 Houston, TX 77098 Tel: (713) 522-0066 Fax: (713) 522-9977 Email: msiurek@warrensiurek.com thaylon@warrensiurek.com TARO PHARMACEUTICAL: Sergeants Fund Alleges Lidex Price-Fixing -------------------------------------------------------------- SERGEANTS BENEVOLENT ASSOCIATION HEALTH & WELFARE FUND, on behalf of itself and all others similarly situated, Plaintiff, vs. TARO PHARMACEUTICAL INDUSTRIES, LTD., TARO PHARMACEUTICALS USA, INC., SUN PHARMACEUTICAL INDUSTRIES LTD., TEVA PHARMACEUTICAL INDUSTRIES LTD., and TEVA PHARMACEUTICALS USA INC., Defendants, Case No. 1:16-cv-08911 (S.D.N.Y., November 16, 2016), alleges anticompetitive conspiracy among Defendants to raise and fix the prices of the primary formulations of generic Lidex -- a potent topical corticosteroid that health care providers use to treat a variety of severe skin conditions. TARO PHARMACEUTICAL INDUSTRIES, LTD. -- http://www.taro.com/-- manufactures over the counter, prescription and API medications. The Plaintiff is represented by: Peter Safirstein, Esq. Elizabeth Metcalf, Esq. SAFIRSTEIN METCALF LLP 1250 Broadway, 27th Floor New York, NY 10001 Phone: (212) 201-2845 Email: psafirstein@safirsteinmetcalf.com emetcalf@safirsteinmetcalf.com - and - Daniel C. Girard, Esq. Jordan Elias, Esq. Adam E. Polk, Esq. GIRARD GIBBS LLP 711 Third Ave, 20th Floor New York, NY 10017 601 California Street, 14th Floor San Francisco, CA 94108 Phone: (415) 981-4800 Fax: (415) 981-4846 Phone: (212)798-0136 Fax: (212)557-2952 Email: dcg@girardgibbs.com je@girardgibbs.com aep@girardgibbs.com TERRAVIA HOLDINGS: "Perales" Alleges Violation of Securities Act ---------------------------------------------------------------- RUBEN PERALES, Individually and on behalf of all others similarly situated, Plaintiff, v. TERRAVIA HOLDINGS, INC., JONATHAN S. WOLFSON, APU MODY, and TYLER W. PAINTER, Defendants, Case No. 3:16-cv-06633 (N.D. Cal., November 16, 2016), alleges violation of the Securities Exchange Act by failing to disclose on its quarterly report on Form 10-Q for the quarter ended June 30, 2016, that its products can cause gastrointestinal distress, such as nausea and vomiting. Defendant TERRAVIA HOLDINGS, INC. is a company that creates and sells food, nutrition, and specialty ingredients from algae. The Plaintiff is represented by: Laurence M. Rosen, Esq. THE ROSEN LAW FIRM, P.A. 355 South Grand Avenue, Suite 2450 Los Angeles, CA 90071 Phone: (213) 785-2610 Fax: (213) 226-4684 Email: lrosen@rosenlegal.com UES DENTAL: "Yang" Suit Alleges Unlawful Employment Practices ------------------------------------------------------------- DAN YANG, INDIVIDUALLY AND ON BEHALF OF ALL OTHER EMPLOYEES SIMILARLY SITUATED, Plaintiffs, v. UES DENTAL, P.L.L.C., d/b/a Central Dental, UES DENTAL, P.L.L.C., d/b/a Yorkvill Dental, Ratna Monga , John Doe and Jane Doe # 1-10 Defendants, Case No. 1:16-cv- 08918 (S.D.N.Y., November 16, 2016), alleges various willful and unlawful employment policies, patterns and/or practices under the Fair Labor Standards Act, and the New York Labor Law. UES DENTAL, P.L.L.C. owns and operates dental clinics. The Plaintiff is represented by: Jian Hang, Esq. HANG & ASSOCIATES, PLLC 136-18 39th Ave., Suite 1003 Flushing, NY 11354 Phone: 718.353.8588 E-mail: jhang@hanglaw.com UNIVERSAL CABLE: "Ellis" Suit Seeks Overtime Pay, Commissions ------------------------------------------------------------- Sarah Ellis and Annette Jackson, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. Universal Cable Holdings, Inc. d/b/a Suddenlink Communications and Altice USA, A Subsidiary Of Altice N.V. d/b/a Suddenlink Communications, Defendants, Case No. 2:16-cv-01289, (E.D. Tex., November 22, 2016), seeks unpaid overtime and commissions, liquidated damages, interests and attorneys' fees and costs under the Fair Labor Standards Act. Ellis and Jackson are call center agents who make calls to and receive calls from customers and potential customers of Suddenlink. The latter allegedly failed to pay for unrecorded and routine work activities outside the logged in period and failed to include the sales commission in its calculation its wages. Plaintiff is represented by: William S. Hommel, Jr., Esq. HOMMEL LAW FIRM 1404 Rice Road, Suite 200 Tyler, TX 75701 Tel: (903) 596-7100 Fax: (469) 533-1618 - and - C.D Cowan, Esq. THE LAW OFFICES OF C. D. COWAN, P.C. 414 South Bonner Ave. Tyler, TX 75702 Tel. (903) 597-5500 Fax. (903) 597-5598 URBAN SETTLEMENT: Fails to Pay Overtime Wages, "Green" Suit Says ---------------------------------------------------------------- PATRECIA K. GREEN, as an individual and on behalf of all employees similarly situated v. URBAN SETTLEMENT SERVICES, LLC, and DOES 1 through 50, inclusive, Case No. BC641064 (Cal. Super. Ct. Los Angeles Cty., November 18, 2016), accuses the Defendants of failing to pay overtime wages and to provide meal and rest periods, among other failures. Urban Settlement Services LLC is a vendor management company that provides title search, real estate appraisal and closing products and services supporting the home mortgage industry. The Company is based in Broomfield, Colorado. The Plaintiff is represented by: Kevin Mahoney, Esq. MAHONEY LAW GROUP, APC 249 E. Ocean Blvd., Suite 814 Long Beach, CA 90802 Telephone: (562) 590-5550 Facsimile: (562) 590-8400 E-mail: kmahoney@mahoney-law.net US STORAGE: Violates Self-Service Storage Act, Calabrese Claims --------------------------------------------------------------- STEVEN CALABRESE, an individual, RUBY HUNTER, an individual and ARTHER MASAOKA, an individual v. U.S. STORAGE CENTERS, an LLC; EVEREST STORAGE CENTERS, an LLC; WESTPORT PROPERTY MANAGEMENT, an LLC; JORGE A. SACA, an individual DBA WESTPORT PROPERTIES, an LLC; aka JORGE SACA, an individual MARIA SOTO, an individual, FRANK FREEMAN, an individual, DAVID J. WHALON, an individual DBA WESTPORT PROPERTIES; BADER INSURANCE COMPANY, a business entity unknown; and DOES 1 through 75, inclusive, Case No. 30-2016- 00888566-CU-BC-CXC (Cal. Super. Ct., Orange Cty., November 22, 2016), alleges that during the class period, the Defendants' California storage facilities systematically, unjustifiably, and unfairly utilized premature lockout methods that violated the 28- day safe harbor and notice requirements of the California Self- Service Storage Facility Act. The Defendants own, manage and operate self-service storage facilities in the cities of Westminster and Anaheim, and throughout the state of California, serving hundreds of customers. The Defendants also own, operate, sell and market a Self-Storage insurance coverage as a rental requirement to rent storage units from the Defendants. The Plaintiffs are represented by: Victor W. Luke, Esq. LAW OFFICES OF VICTOR W. LUKE, APLC 1502 N. Main St. Santa Ana, CA 92701 Telephone: (714) 835-5091 Facsimile: (714) 835-5763 E-mail: lawofficevwluke@gmail.com VALLEYCREST LANDSCAPE: Garcia Seeks to Recover Wages for Daily OT ----------------------------------------------------------------- JAVIER GARCIA, on behalf of himself and others similarly situated v. VALLEYCREST LANDSCAPE MAINTENANCE; VALLEYCREST COMPANIES; VALLEYCREST COMPANIES, LLC; THE BRICKMAN GROUP, LTD.; BRICKMAN GROUP HOLDING, LLC; BRIGHTVIEW LANDSCAPE SERVICES, INC.; BRIGHTVIEW LANDSCAPES, LLC; and DOES 1 to 100, Inclusive, Case No. BC641668 (Cal. Super. Ct., Los Angeles Cty., November 22, 2016), seeks to recover alleged unpaid wages and interest thereon for unpaid wages for all hours worked at minimum wage, and unpaid wages for daily overtime, including days in which employees worked off-the-clock time. The Defendants do business within the state of California and employed the Plaintiff and other putative class members in Los Angeles County through its business located in Gardena, California, amongst other locations. The Defendants provide landscape maintenance and horticultural services. The Plaintiff is represented by: Joseph Lavi, Esq. Vincent C. Granberry, Esq. LAVI & EBRAHIMIAN, LLP 8889 W. Olympic Blvd., Suite 200 Beverly Hills, CA 90211 Telephone: (310) 432-0000 Facsimile: (310) 432-0001 E-mail: jlavi@lelawfirm.com vgranberry@lelawfirm.com WELLS FARGO: Accused by "Varga" Suit of Fraud, Breach of Contract ----------------------------------------------------------------- LINDA MORAVEC VARGA, on behalf of herself and all others similarly situated v. WELLS FARGO HOME MORTGAGE, INC., a division of WELLS FARGO BANK, N.A., a National Association; and DOES 1-25, inclusive, Case No. BC641227 (Cal. Super. Ct., Los Angeles Cty., November 18, 2016), alleges fraud, negligent misrepresentation and breach of contract, among other allegations. Ms. Varga, a resident of Los Angeles County, is the owner of her primary residence located at 549 Twin Palms Drive, in San Gabriel, California ("Subject Property). The Subject Property was encumbered by a first trust deed mortgage provided and serviced by the Defendants. She alleges that the Defendants engaged in unfair business practices aimed at deceiving her and the Class members through the creation and distribution of an inadequate and deficient Notices of Changes sent to them. Wells Fargo Home Mortgage Inc. is a division of Wells Fargo, N.A., a National Association, and was doing extensive business and maintaining offices in the state of California, County of Los Angeles, as a provider of residential and commercial mortgage loan servicing, special servicing, and asset management servicing. Wells Fargo is the servicer of the Plaintiff's home loan at issue at all relevant times. The true names and capacities of the Doe Defendants are unknown to the Plaintiff. The Plaintiff is represented by: Thomas V. Girardi, Esq. Howard B. Miller, Esq. Marina R. Pacheco, Esq. Jordan E. Scott, Esq. GIRARDI KEESE 1126 Wilshire Boulevard Los Angeles, CA 90017 Telephone: (213) 977-0211 Facsimile: (213) 481-1554 E-mail: tgirardi@girardikeese.com hmiller@girardikeese.com mpacheco@girardikeese.com jscott@girardikeese.com - and - Keith M. Fromm, Esq. LAW OFFICES OF KEITH M. FROMM 907 Westwood Blvd., Suite 442 Los Angeles, CA 90024 Telephone: (310) 500-9960 E-mail: keithfromm@aol.com WP&M REAL: Faces "Meltzer" Suit Over Wage and Hour Law Violations ----------------------------------------------------------------- JOEL MELTZER, Individually and on Behalf of All Similarly Situated Employees v. WP&M REAL ESTATE GROUP, LLC, Case No. 1:16-cv-03796- RDB (D. Md., November 23, 2016), seeks to recover alleged unpaid wages, liquidated damages, interest, reasonable attorneys' fees and costs under the Federal Fair Labor Standards Act of 1938, the Maryland Wage and Hour Law, and the Maryland Wage Payment and Collection Law. WP&M Real Estate Group, LLC is an incorporated for-profit business based in Baltimore County, Maryland. The Defendant is in the business of property management. The Defendant owns or manages several properties throughout the Mid-Atlantic region. The Plaintiff is represented by: Benjamin L. Davis III, Esq. George E. Swegman, Esq. THE LAW OFFICES OF PETER T. NICHOLL 36 South Charles Street, Suite 1700 Baltimore, MD 21201 Telephone: (410) 244-7005 Facsimile: (410) 244-8454 E-mail: bdavis@nicholllaw.com gswegman@nicholllaw.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala, Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2016. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000 or Nina Novak at 202-362-8552. * * * End of Transmission * * *