/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/161223.mbx C L A S S A C T I O N R E P O R T E R Friday, December 23, 2016, Vol. 18, No. 256 Headlines 1ST FINANCIAL: Faces "Pendleton" Suit in Dist. of South Dakota ABRAMS FENSTERMAN: Bid to Certify in "Kravitz" Suit Due Jan. 31 ADVANCE STORES: Faces "Badger" Suit in Western Dist. of Pa. ALLTRAN FINANCIAL: Illegally Collects Debt, Action Claims APELLES LLC: "Fitzpatrick" Suit Moved from Sup. Ct. to E.D.N.Y. APEX BACKGROUND: Faces "McBride" Suit in E.D. of Virginia AR RESOURCES: Kielbasinski Seeks to Certify Class of Consumers ASSOCIATED COMMUNITY: Suit Over Unwanted Calls May Proceed AUTOZONE INC: Ellison Appeals Decision in Wage and Hour MDL BARCARDI AND CO: Alexander Appeals N.D. Texas Ruling to 5th Cir. BARCLAYS CAPITAL: 9th Circuit Appeal Filed in Great Pacific Suit BMW NA: Settlement in "Herremans" Has Final Approval BRADY CORPORATION: Faces "Fossett" Suit in C.D. of California BSN MEDICAL: Faces RJF Class Suit in N.C. Over Automated Calls CALIBER HOME: Faces "Quarashi" Class Suit in New Jersey Dist. Ct. CALIFORNIA: Cert. of Class & Subclass Sought in "Upton" Suit CANTEX CONTINUING: "Wallace" Suit Seeks Unpaid Overtime Wages CARING PROFESSIONALS: Sued in N.Y. Over Failure to Pay Overtime CARTER'S RETAIL: Settlement in "Dudum" Case Has Final Approval CBE GROUP: Faces "McHenry" Suit in Eastern District of New York CHICAGO CAR: Status Hearing in Stone Funding Suit Set for Jan. 12 CLIENT SERVICES: Faces "Fekete" Suit in E.D N.Y. COBALT MORTGAGE: Zachary Seeks to Certify Class of Processors CUSTOMER CREDIT: Faces "Hume" Suit in W.D. of Oklahoma DEPARTMENT OF HEALTH: "Cruz" Files Appeal in 2nd Circuit EMERGENCY SERVICES: "Brantingham" Suit Seeks Overtime Pay FIELDTURF USA: Faces Suit Over Defective Synthetic Grass Fields FIRST DATA: Dismissal of "Benex" Suit Appealed to Second Circuit FORD MOTOR: Classes in MyFord Touch Consumer Case Decertified GEICO GENERAL: "Roth" Class Suit Removed to South. Dist. Florida GEL SPICE: Faces "Caudle" Lawsuit Over Lead Content in Spice GENERAL MOTORS: Faces "Zierke" Class Suit in Minnesota GLOBAL EXCHANGE: Certification of Class Sought in "Del Valle" Suit H & H INTERIOR: Faces "Deleg" Suit in E.D.N.Y. HUNT & HENRIQUES: Faces "Smith" Suit in S.D. Cal. HUNTLEIGH USA: "Thomas" Sues Over Missed Meal Breaks ILLINOIS: Certification of Class Sought in "Donegan" Suit INCREDIBLE ADVENTURES: Faces "Pazo" Suit in Cal. Super. Ct. INJURY HELP: Court Dismisses "Williams" Class Suit INMATE SERVICES: "Stearns" Class Suit Transferred to E.D. Ark. INTEGRATED TECH: "Gomez" Suit Moved to S.D. of Florida LANNETT CO: Benefit Fund Alleges Levothyroxine Price Conspiracy M&E TRUCKING: Faces "Trevino" Suit Under FLSA, Col. Wage Laws MCBRIDE LOCK: Bohnenstiehl Case Remanded to Illinois State Court MCKEE FOODS: Martin's Bid to Certify Class Taken Under Submission MDL 2437: Court Limits Discovery to Prove Damage Claims MDL 2672: Completion of Document Production Moved to March 2017 MEDTRONIC INC: "Emberson" Suit Moved from Cir. Ct. to W.D. Ken. MIDLAND CREDIT: "Keenan" Class Suit Removed to E.D. Penn. MOCHIKA PERUVIAN: "Caballero" Suit Seeks Overtime Pay NAN XIANG: "Chen" Suit to Recover Overtime Wages NATIONSTAR MORTGAGE: Faces Royal Park Suit in N.D. of Texas NATIONSTAR MORTGAGE: Ninth Circuit Appeal Filed in "Davis" Suit NEW YORK COMMUNITY: Faces "Crawford" Suit in Fla. Cir. Ct. NORTHROP GRUMMAN: Marshall Seeks to Cert. Plan Participants Class OPINION ACCESS: "Charles" Suit to Recover Overtime, Minimum Pay PELLA CORP: "Tracy" Lawsuit Over Window Series Sent to MDL PINE MANAGEMENT: Faces "Vasquez" Suit in S.D.N.Y. PIVOTAL PAYMENTS: Has Made Unsolicited Calls, "Newsom" Suit Says Q CLUB HOTEL: Ct. Certifies Residential Unit Owners Class RETRIEVAL-MASTERS CREDITORS: Faces "Healy" Suit in E.D.N.Y. RHODE ISLAND: Gemmell Wants to Certify Class of Residents SABOR LATIN: "Cardenas" Class Suit Removed to S.D. Fla. SOCIAL SECURITY: Rose, Collins Appeal Ruling in "Robertson" Suit SOLOMON VIGH: Accused of Wrongful Conduct Over Debt Collection SPOTIFY USA: Seeks 9th Circuit Review of Ruling in "Ingalls" Suit SUDS PIZZA: Settlement in "Cunningham" Has Initial Approval SURROUND PROTECTION: Faces "Lett" Suit Seeking OT Pay Under FLSA TEVA PHARACEUTICALS: Trust Fund Alleges Fluocinonide Price-Fixing THREE GROUP: "Wing" Suit Alleges Violations of Cal. Labor Code TRADEWINDS BEVERAGE: "Martin" Suit Alleges False Advertising UBER TECHNOLOGIES: Conference in "Congdon" Suit Set for Feb. 13 UNITED CREDIT: Has Until Jan. 6 to Answer "Merkovich" Complaint UNITED STATES: Pennington-Thurman Appeals Decision to 8th Circuit UNITED STATES: D.C. Cir. Appeal Filed in "Welborn" Suit vs. IRS VERIZON COMMUNICATIONS: Pundt Files Appeal to U.S. Supreme Ct. WALKERHEALTHCAREIT LLC: "Bey" Suit to Recover Overtime Pay WELLS FARGO: Williams Appeals S.D. Iowa Ruling to Eighth Circuit YAHOO INC: Faces "Vail" Suit in N.D. Cal. Over Data Breach YAHOO INC: Faces "Mortensen" Suit in N.D. of California ZION MANAGEMENT: Faces "Jones" Suit in District of Utah Asbestos Litigation ASBESTOS UPDATE: Shipowners Lose Summary Judgment Bid in "Bartel" ASBESTOS UPDATE: 3rd Cir. Affirms Dismissal of Suit vs. CSX ASBESTOS UPDATE: Court Denies Bid to Stay "Davidson" ASBESTOS UPDATE: Ark. High Court Affirms Dismissal of "Hendrix" ASBESTOS UPDATE: Pa. Asbestos Trial Consolidation Could Be Ending ASBESTOS UPDATE: London Hospital Trust Pays GBP1.3-Mil. ASBESTOS UPDATE: Asbestos Found in Swansea Church Organ ASBESTOS UPDATE: Partner of Monifieth Man in GBP100K Suit ASBESTOS UPDATE: Calif. Ruling Expands Liability, Potential Ban ASBESTOS UPDATE: Kansas School Evacuated Over Asbestos ASBESTOS UPDATE: Asbestos Found at Tucumari Project Site ********* 1ST FINANCIAL: Faces "Pendleton" Suit in Dist. of South Dakota -------------------------------------------------------------- A class action lawsuit has been filed against 1st Financial Bank, USA. The case is captioned as Linda Pendleton, on behalf of herself, and all others similarly situated, the Plaintiff, v. 1st Financial Bank, USA, the Defendant, Case No. 4:16-cv-04171-LLP (D.S.D., Dec. 16, 2016). The case is assigned to Hon. U.S. District Judge Lawrence L. Piersol. 1st Financial Bank provides consumer credit services to customers in the United States. It offers community banking services. The Plaintiff is represented by: Cesar A. Juarez, Esq. GOOSMANN LAW FIRM 5010 South Minnesota Avenue, Suite 100 Sioux Falls, SD 57108 Telephone: (605) 371 2000 Facsimile: (605) 275 2039 E-mail: JuarezC@Goosmannlaw.com ABRAMS FENSTERMAN: Bid to Certify in "Kravitz" Suit Due Jan. 31 --------------------------------------------------------------- The counsel of the parties in the lawsuit captioned Eric Kravitz, Individually and on Behalf of All Others Similarly Situated v. Abrams, Fensterman, etc. and Melanie I. Wiener, Case No. 2:14-cv- 07031-LDW-AYS (E.D.N.Y.), sent a letter to the Hon. Anne Y. Shields, United States Magistrate Judge. The Letter states that in accordance with the December 1, 2016 Electronic Scheduling Order, the Parties jointly submit for the Court's review this proposed briefing scheduling for the class certification motion: Plaintiff's Motion: Due on January 31, 2017 Defendants' Opposition: Due on March 7, 2017 Plaintiff's Reply: Due on March 21, 2017 The basis for the proposed five-week gap between service of the Plaintiff's motion and the Defendants' opposition is that the Defendants' counsel is scheduled to begin a trial on February 15, 2017, in the Commercial Division of Nassau County Supreme Court (Hon. Stephen A. Bucaria, J.S.C.) on the matters of Application of Elazar Joseph for the Judicial Dissolution of Famous Horse, Inc., a/k/a V.I.M., and d/b/a VIM Stores (Index No. 19224/2009) and Joseph Joseph, et al. v. Elazar Joseph, et al. (Index No. 16982/2009), the Parties tell Judge Shields. They add that the consolidated trial for this business valuation/shareholder buy-out proceeding involving a closely held chain of thirty retail stores and the related breach of fiduciary duty/judicial accounting case is estimated to last two weeks, with trial preparation expected to consume much of the early part of February. A copy of the Letter is available at no charge at http://d.classactionreporternewsletter.com/u?f=QzCKUGOR The Plaintiff is represented by: Steven B. Blau, Esq. BLAU LEONARD LAW GROUP, LLC 23 Green St., Suite 303 Huntington, NY 11743-3336 Telephone: (201) 212-6363 Facsimile: (631) 458-1011 E-mail: sblau@blauleonardlaw.com The Defendants are represented by: Steven Cohn, Esq. Alan S. Zigman, Esq. STEVEN COHN, P.C. One Old Country Road, Suite 420 Carle Place, NY 11514 Telephone: (516) 294-6410 Facsimile: (516) 294-0094 E-mail: scohn@scohnlaw.com azigman@scohnlaw.com ADVANCE STORES: Faces "Badger" Suit in Western Dist. of Pa. ----------------------------------------------------------- A class action lawsuit has been filed against Advance Stores Company Inc. The case is styled as JOSIE BADGER and ANGELA HUNTER, individually and on behalf of all others similarly situated, the Plaintiff, v. ADVANCE STORES COMPANY INC., doing business as ADVANCE AUTO PARTS, the Defendant, Case No. 2:16-cv-01872-RCM (W.D. Pa., Dec. 16, 2016). The case is assigned to Hon. Magistrate Judge Robert C. Mitchell. Advance Stores Company retails automotive parts and maintenance items. In the retail segment, ASC's stores offer a selection of brand name and proprietary automotive products for domestic and imported cars, and light trucks. The Plaintiff is represented by: Benjamin J. Sweet, Esq. CARLSON LYNCH SWEET & KILPELA, LLP 1133 Penn Avenue, 5th Floor Pittsburgh, PA 15222 Telephone: (412) 322 9243 Facsimile: (412) 231 0246 E-mail: bsweet@carlsonlynch.com ALLTRAN FINANCIAL: Illegally Collects Debt, Action Claims --------------------------------------------------------- Berel Sompolinsky, on behalf of himself and all other similarly situated consumers v. Alltran Financial, LP f/k/a United Recovery Systems, L.P., Case No. 1:16-cv-06914 (E.D.N.Y., December 14, 2016), seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Alltran Financial, LP operates a debt collection firm headquartered in Houston, Texas. The Plaintiff is represented by: Adam Jon Fishbein, Esq. ADAM J. FISHBEIN, P.C. 735 Central Avenue Woodmere, NY 11598 Telephone: (516) 668-6945 E-mail: fishbeinadamj@gmail.com APELLES LLC: "Fitzpatrick" Suit Moved from Sup. Ct. to E.D.N.Y. --------------------------------------------------------------- The class action lawsuit titled John V. Fitzpatrick, on behalf of Himself and all others similarly situated, the Plaintiff, v. Apelles, LLC, and Kleinman, Saltzman & Bolnick, P.C., the Defendants, Case No. 611194/2016, was removed from the Suffolk County Supreme Court, to the U.S. District Court for the Eastern District of New York (Central Islip). The District Court Clerk assigned Case No. 2:16-cv-06944 to the proceeding. The Plaintiff appears pro se. APEX BACKGROUND: Faces "McBride" Suit in E.D. of Virginia --------------------------------------------------------- A class action lawsuit has been filed against Apex Background Check, Inc. The case is styled as Robert A. McBride and Theresa Bartlow, Individually and on behalf of all others similarly situated, the Plaintiffs, v. Apex Background Check, Inc., the Defendant, Case No. 3:16-cv-00984-JAG (E.D. Va., Dec. 15, 2016). The case is assigned to Hon. District Judge John A. Gibney, Jr. Apex provides background checks in the Mid-Atlantic and South Eastern United States. The Company offers criminal background checks, motor vehicle reports, credit reports and tenant screening. The Plaintiffs are represented by: Andrew Joseph Guzzo, Esq. KELLY & CRANDALL PLC 4084 University Drive, Suite 202A Fairfax, VA 22030 Telephone: (703) 424 7570 Facsimile: (703) 591 0167 E-mail: aguzzo@kellyandcrandall.com - and - Craig Carley Marchiando, Esq. CONSUMER LITIGATION ASSOCIATES 763 J Clyde Morris Boulevard, Suite 1A Newport News, VA 23601 Telephone: (757) 930 3660 Facsimile: (757) 930 3662 E-mail: craig@clalegal.com - and - Kristi Cahoon Kelly, Esq. KELLY & CRANDALL PLC 4084 University Drive, Suite 202A Fairfax, VA 22030 Telephone: (703) 424 7572 Facsimile: (703) 591 1067 E-mail: kkelly@kellyandcrandall.com - and - Leonard Anthony Bennett, Esq. Susan Mary Rotkis, Esq. Consumer Litigation Associates 763 J Clyde Morris Boulevard, Suite 1A Newport News, VA 23601 Telephone: (757) 930 3660 Facsimile: (757) 930 3662 E-mail: lenbennett@clalegal.com srotkis@clalegal.com AR RESOURCES: Kielbasinski Seeks to Certify Class of Consumers -------------------------------------------------------------- Thomas Kielbasinski moves the Court for an order certifying the case entitled THOMAS KIELBASINSKI; an individual; on behalf of himself and all others similarly situated v. A.R. RESOURCES, INC., Case No. 3:15-cv-00066-KRG (W.D. Pa.), to proceed as a class action and granting final approval of the Parties' class settlement agreement. Specifically, the Plaintiff moves for an order granting final approval of the settlement on behalf of this class: All consumers in the Commonwealth of Pennsylvania to whom A.R. Resources, Inc. mailed a written communication, in connection with its attempt to collect a debt, which written communications included a statement that a $5.00 convenience fee would be added to all credit transactions, and which resulted in the consumer being charged such a fee, during a period beginning March 13, 2014, and ending October 31, 2015. The Plaintiff's class action alleges ARR violated the Fair Debt Collection Practices Act by mailing consumers collection letters that made false representations concerning the nature character, amount of the debt, and attempted to collect a $5 "convenience fee" for all credit transactions, and which resulted in the consumer being charged such a fee. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=oi8Ew3Oq The Plaintiff is represented by: Philip D. Stern, Esq. Andrew T. Thomasson, Esq. STERN THOMASSON LLP 150 Morris Avenue, 2nd Floor Springfield, NJ 07081-1329 Telephone: (973) 379-7500 Facsimile: (973) 532-5868 E-mail: philip@sternthomasson.com andrew@sternthomasson.com - and - Craig Thor Kimmel, Esq. KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 Telephone: (215) 540-8888 Facsimile: (855) 540-8817 E-mail: kimmel@creditlaw.com ASSOCIATED COMMUNITY: Suit Over Unwanted Calls May Proceed ---------------------------------------------------------- District Judge Edmond E. Chang of the United States District Court for the Northern District of Illinois denied a motion to dismiss for lack of personal jurisdiction, without prejudice, the case captioned, MARSHALL SPIEGEL, individually and on behalf of a class of those similarly situated, Plaintiff, v. JAMES T. REYNOLDS; JIM REYNOLDS; KRISTINA HIXSON REYNOLDS; and ASSOCIATED COMMUNITY SERVICES, INC., Defendants, Case No. 2:15-CV-793-FtM-29MRM (N.D. Ill.). In the proposed class action lawsuit, Marshall Spiegel claims that James T. Reynolds, Jim Reynolds, Kristina Hixson Reynolds, and Associated Community Services, Inc. (ACS) violated the Telephone Consumer Protection Act, 47 U.S.C. Section 227 et seq. Specifically, Spiegel alleges that he and other class members received unwanted phone calls from ACS on behalf of The Breast Cancer Society, Inc., which Spiegel says is a sham charity run by the Reynoldses. Spiegel brings one claim against the Reynoldses and ACS for violation of the Telephone Consumer Protection Act (TCPA). He alleges that the Defendants violated the TCPA's do-not-call provisions when ACS called him and other Illinois residents on behalf of the Society. Because the Society is a sham charity, Spiegel's theory goes, the calls do not fall under the TCPA's exception for calls made "by or on behalf of a tax-exempt nonprofit organization." 47 C.F.R. Section 64.1200(f)(14)(iii). James and Kristina Reynolds move to dismiss the case for lack of personal jurisdiction and all of the defendants move to dismiss for failure to adequately state a claim. In his Memorandum Opinion and Order dated November 22, 2016 available at https://is.gd/z6ybhJ from Leagle.com, Judge Chang held that in the stage of the litigation, Spiegel's allegations provide sufficient grounds that personal jurisdiction might be proper and though the Reynoldses' statements certainly challenge those allegations, they are not enough to undermine them. After the discovery period, the Reynoldses may renew their motion to dismiss for lack of personal jurisdiction, if the facts still support the motion. Marshall Spiegel is represented by James Patrick Batson, Esq. -- JBATSON@LANGONEBATSON.COM -- and -- Christopher V. Langone, Esq. - CLANGONE@LANGONEBATSON.COM -- LANGONE, BATSON & LAVERY LLC James T. Reynolds, et al. are represented by C. Philip Curley, Esq. -- pcurley@robinsoncurley.com -- and -- Adam N. Hirsch, Esq. -- ahirsch@robinsoncurley.com -- ROBINSON CURLEY & CLAYTON, P.C. Associated Community Services, Inc. is represented by Daniel Scott Blynn, Esq. -- dsblynn@Venable.com -- Eric S. Berman, Esq. -- esberman@Venable.com -- and -- Stephen R. Freeland, Esq. -- srfreeland@Venable.com -- VENABLE LLP -- David C. Gustman, Esq. -- dgustman@freeborn.com -- and -- Jeffery Moore Cross, Esq. -- jcross@freeborn.com -- FREEBORN & PETERS LLP AUTOZONE INC: Ellison Appeals Decision in Wage and Hour MDL ----------------------------------------------------------- Plaintiffs Jimmy Ellison and Marsha Doland filed an appeal from a court ruling in the multidistrict litigation titled In re: AutoZone, Inc., Wage and Hour Employment Practices Litigation, MDL No. 3:10-md-02159-CRB (N.D. Cal.). The appellate case is captioned as Jimmy Ellison, et al. v. Autozone Inc., Case No. 16-80182, in the United States Court of Appeals for the Ninth Circuit. As previously reported in the Class Action Reporter on Dec. 9, 2016, the Hon. Charles R. Breyer denied the Plaintiffs' motion for reconsideration of the order granting decertification in the MDL. The litigation is a wage and hour case involving California AutoZone stores. On December 21, 2012, the Court certified a rest break class defined as: "All non-exempt or hourly paid employees who have been employed at Defendant's retail stores in the State of California at any time on or after July 29, 2005 until the date of certification." On August 10, 2016, the Court decertified the rest break class, holding in light of the evidence that came to light since certification that "Plaintiffs have failed to demonstrate predominance or manageability/superiority." Plaintiffs-Petitioners JIMMY ELLISON and MARSHA DOLAND, as individuals, and on behalf of other members of the general public similarly situated, are represented by: Glenn A. Danas, Esq. Andrew Joseph Sokolowski, Esq. Matthew Thomas Theriault, Esq. CAPSTONE LAW APC 1875 Century Park East Los Angeles, CA 90067 Telephone: (310) 556-4811 Facsimile: (310) 943-0396 E-mail: Glenn.Danas@CapstoneLawyers.com andrew.sokolowski@capstonelawyers.com Matthew.Theriault@CapstoneLawyers.com - and - Richard Edward Quintilone, II, Esq. QUINTILONE & ASSOCIATES 22974 El Toro Road Lake Forest, CA 92630 Telephone: (949) 458-9675 Facsimile: (949) 458-9679 E-mail: req@quintlaw.com Defendant-Respondent AUTOZONE INC. is represented by: Ronald D. Arena, Esq. Michael Hoffman, Esq. ARENA HOFFMAN LLP 44 Montgomery Street, Suite 3520 San Francisco, CA 94104 Telephone: (415) 433-1414 Facsimile: (415) 520-0446 E-mail: rarena@arenahoffman.com mhoffman@arenahoffman.com - and - Michael E. Brewer, Esq. Gregory G. Iskander, Esq. Jeffrey Joseph Mann, Esq. LITTLER MENDELSON, P.C. 1255 Treat Boulevard Walnut Creek, CA 94597 Telephone: (925) 932-2468 E-mail: mbrewer@littler.com giskander@littler.com jmann@littler.com BARCARDI AND CO: Alexander Appeals N.D. Texas Ruling to 5th Cir. ---------------------------------------------------------------- Cedric Mark Alexander, On behalf of self and all others similarly situated, also known as Sidric Mark Alexander, filed an appeal from a court ruling in the lawsuit entitled Cedric Alexander v. Barcardi and Company, et al., Case No. 3:16-CV-903, in the U.S. District Court for the Northern District of Texas, Dallas. The nature of suit is stated as prisoner civil rights. The appellate case is captioned as Cedric Alexander v. Barcardi and Company, et al., Case No. 16-11717, in the U.S. Court of Appeals for the Fifth Circuit. The Defendants-Appellees are BARCARDI AND COMPANY, MCCORMICK DISTILLING COMPANY, DIAGEO BEVERAGE, OLD TAVERN UNITED SPIRIT and JACK DANIELS BROWN FORMAN WHISKEY US TENNESSEE. BARCLAYS CAPITAL: 9th Circuit Appeal Filed in Great Pacific Suit ---------------------------------------------------------------- Plaintiff Great Pacific Securities filed an appeal from a court ruling in its lawsuit styled Great Pacific Securities v. Barclays Capital Inc., et al., Case No. 8:14-cv-01210-DSF-SH, in the U.S. District Court for Central California, Santa Ana. The appellate case is captioned as Great Pacific Securities v. Barclays Capital Inc., et al., Case No. 16-56804, in the United States Court of Appeals for the Ninth Circuit. As previously reported in the Class Action Reporter, the lawsuit titled Great Pacific Securities v. Barclays PLC, et al., Case No. 8:14-cv-01210, was transferred from the U.S. District Court for the Central District of California to the U.S. District Court for the Southern District of New York (Foley Square). The New York District Court Clerk assigned Case No. 1:15-cv-00168-JMF to the proceeding. The Case is consolidated in the multidistrict litigation captioned In re: Barclays Liquidity Cross and High Frequency Trading Litigation, MDL No. 2589. The consolidated litigation concerns the operation of the Barclays Liquidity Cross or "LX" dark pool. The Plaintiffs assert that Barclays misrepresented the LX dark pool as a safe haven for investors -- a place insulated from aggressive and predatory high frequency trading (HFT) practices. In reality, according to the complaints, Barclays actively courted HRT firms for the dark pool, providing them with material nonpublic information and associated perks that gave them an unfair advantage over other traders. The briefing schedule in the Appellate Case is set as follows: -- Transcript must be ordered by January 4, 2017; -- Transcript is due on April 4, 2017; -- Appellant Great Pacific Securities' opening brief is due on May 15, 2017; -- Appellees Barclays Capital Inc., Barclays plc and Does' answering brief is due on June 13, 2017; and -- Appellant's optional reply brief is due 14 days after service of the answering brief. Plaintiff-Appellant GREAT PACIFIC SECURITIES, on behalf of itself and all others similarly situated, is represented by: Francis A. Bottini, Jr., Esq. Albert Y. Chang, Esq. Yury Kolesnikov, Esq. BOTTINI & BOTTINI, INC. 7817 Ivanhoe Avenue La Jolla, CA 92037 Telephone: (858) 914-2001 Facsimile: (858) 914-2002 E-mail: fbottini@bottinilaw.com achang@bottinilaw.com ykolesnikov@bottinilaw.com - and - Joseph W. Cotchett, Esq. Mark Cotton Molumphy, Esq. Nanci Nishimura, Esq. Alexandra P. Summer, Esq. COTCHETT, PITRE & MCCARTHY, LLP 840 Malcolm Road Burlingame, CA 94010 Telephone: (650) 697-6000 Facsimile: (650) 697-0577 E-mail: jcotchett@cpmlegal.com mmolumphy@cpmlegal.com nnishimura@cpsmlaw.com asummer@cpmlegal.com Defendants-Appellees BARCLAYS CAPITAL INC. and BARCLAYS PLC are represented by: Brent J. McIntosh, Esq. SULLIVAN & CROMWELL LLP 1700 New York Avenue NW Washington, DC 20006 Telephone: (202) 956-7500 Facsimile: (202) 293-6330 E-mail: McIntoshB@sullcrom.com - and - Adam S. Paris, Esq. SULLIVAN & CROMWELL LLP 1888 Century Park East Los Angeles, CA 90067-1725 Telephone: (310) 712-6600 Facsimile: (310) 712-8800 E-mail: parisa@sullcrom.com - and - Andrew Hunter Reynard, Esq. Matthew Alexander Schwartz, Esq. Jeffrey Thomas Scott, Esq. SULLIVAN & CROMWELL LLP 125 Broad Street New York, NY 10004 Telephone: (212) 558-4000 Facsimile: (212) 558-3357 E-mail: reynarda@sullcrom.com schwartzmatthew@sullcrom.com scottj@sullcrom.com BMW NA: Settlement in "Herremans" Has Final Approval ---------------------------------------------------- In the case, TRISH HERREMANS, individually, and on behalf of a class of similarly situated individuals, Plaintiff, v. BMW OF NORTH AMERICA, LLC, Defendant, No. CV 14-2363-GW(PJWx), (C.D. Cal.), District Judge George H. Wu granted final approval to the Plaintiff's Motion for Final Approval of the proposed settlement and the award of attorney's fees, costs, and proposed enhancement. The counsel for the Plaintiff is awarded $692,500 for attorney's fees and costs, while the Plaintiff is awarded $2,500 for an enhancement award. A copy of the Court's Order dated November 28, 2016 is available at https://goo.gl/Xq1knj from Leagle.com. Trish Herremans, Plaintiff, represented by Robert L. Starr -- robert@starrlawmail.com -- Law Office of Robert L Starr. Trish Herremans, Plaintiff, represented by Stephen M. Harris -- stephen@smh-legal.com -- Law Offices of Stephen M. Harris, P.C. & Adam Morris Rose -- adam@starrlaw.com -- Law Offices of Robert Starr. BMW of North America, LLC, Defendant, represented by Eric Y. Kizirian -- kizirian@lbbslaw.com -- Lewis Brisbois Bisgaard and Smith LLP. BRADY CORPORATION: Faces "Fossett" Suit in C.D. of California ------------------------------------------------------------- A class action lawsuit has been filed against Brady Corporation. The case is titled as Charmelle Fossett, on behalf of herself and all others similarly situated, the Plaintiff, v. BRADY CORPORATION, a Wisconsin corporation; AIO ACQUISITION, INC., a Delaware corporation; DOES 1-10, inclusive, the Defendants, Case No. 5:16-cv-02572 (C.D. Cal., Dec. 15, 2016). Brady Corporation is a manufacturer of products for identifying components used in workplaces. Headquartered in Milwaukee, Wisconsin, Brady employs 6,600 people in North and South America, Europe, Asia and Australia. The Plaintiff appears pro se. BSN MEDICAL: Faces RJF Class Suit in N.C. Over Automated Calls -------------------------------------------------------------- RJF Chiropractic Center, Inc., and Ohio corporation, individually and as the representative of a class of similarly-situated persons v. BSN Medical, Inc. and John Does 1-10, Case No. 3:16-cv-00842 (W.D.N.C., December 14, 2016), seeks to stop the Defendants' practice of using an artificial and prerecorded voice to deliver a message without prior express consent of the called party. BSN Medical, Inc. operates a medical device company, and develops and manufactures medical products specializing in the areas of orthopedics, vascular therapy and wound management. The Plaintiff is represented by: Chad Alan McGowan, Esq. MCGOWAN, HOOD & FELDER 1539 Health Care Drive Rock Hill, SC 29732 Telephone: (803) 327-7800 Facsimile: (803) 328-5656 E-mail: cmcgowan@mcgowanhood.com CALIBER HOME: Faces "Quarashi" Class Suit in New Jersey Dist. Ct. ----------------------------------------------------------------- A class action lawsuit has been commenced against Caliber Home Loans Inc., Central Loan Administration & Reporting d/b/a Cenlar FSB, M&T Bank Corp., Specialized Loan Servicing LLC, American Security Insurance Company, and Standard Guaranty Insurance Company. The case is captioned Mufti Quarashi, Harry Jones, Glory Jones, Peter Hoddersen, Mark Smith, Barry Rickert, and Carol Rickert, on behalf of themselves and all others similarly situated v. Caliber Home Loans Inc., Central Loan Administration & Reporting d/b/a Cenlar FSB, M&T Bank Corp., Specialized Loan Servicing LLC, American Security Insurance Company, and Standard Guaranty Insurance Company, Case No. 3:16-cv-09245-BRM-DEA (D.N.J., December 14, 2016). The Defendants own and operate a mortgage lender and agency headquartered in Irving, Texas. The Plaintiff is represented by: Michael M. Dicicco, Esq. BATHGATE, WEGENER, & WOLF, PC One Airport Road PO Box 2043 Lakewood, NJ 08701 Telephone: (732) 363-0666 E-mail: mdicicco@bathweg.com CALIFORNIA: Cert. of Class & Subclass Sought in "Upton" Suit ------------------------------------------------------------ David Upton moves the Court to certify the lawsuit styled DAVID UPTON v. ARNOLD SCHWARZENEGGER, et al., Case No. 5:10-cv-00631-AB- PJW (C.D. Cal.), as a class action. The proposed defendant class is defined as all individuals who have, or will in the future: (1) "executed" a California Penal Code Section 3056 "no bail" parole hold not involving the "execution" of a determinate term of imprisonment imposed pursuant to the judgment of a California court while acting in their official capacity as agents of the "executive" authority of the California government within the meaning of Art. 3, Section 3 of the California Constitution, including all state, county, and city law enforcement officers; and The proposed defendant subclass is defined as all individuals who have, or will in the future: (2) "executed" a California Penal Code Section 3056 "no bail" parole hold not involving the "execution" of a determinate term of imprisonment imposed pursuant to the judgment of a California court while acting in their official capacity as an agent of the "executive" authority of any state, federal, or international law enforcement agency whether within the jurisdiction of the United States, or otherwise. The Plaintiff seeks to certify the defendant class and subclass on the issue of his claim for declaratory and injunctive relief, nunc pro tunc, and on the issue of whether any of a determinate term of imprisonment imposed pursuant to the judgment of a California court exists to be "executed" in the context of the "executive" authority of the California government's lawful jurisdiction to "execute" a prison sentence within the meaning of the three branch legal theories of both the Federal and California constitutions post "expiration," notwithstanding the California Penal Code Section 3000 constitutionally unrecognized mandatory "parole term." Mr. Upton also moves that, upon class certification, the Court order a bifurcation of trials on the liability and damages issues within the meaning of Rule 42(b) of the Federal Rules of Civil Procedure. The Court will commence a hearing on January 6, 2017, to consider the Motion. A copy of the motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=BUi6g1YW The Plaintiff represents himself in the matter: David Upton 1001 Lilly Hill Dr. Apt. 40 Needles, CA 92363 Telephone: (909) 450-3925 E-mail: lottiejonesgrandson@gmail.com The Defendants are represented by: Isabel Martinez, Esq. Leena M. Sheet, Esq. George H. Wu, Esq. Otis D. Wright, Esq. Alexander F. MacKinnon, Esq. Valerie Baker Fairbank, Esq. DEPARTMENT OF JUSTICE OFFICE OF THE ATTORNEY GENERAL 300 S Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-2000 Facsimile: (213) 897-1071 E-mail: pjw_chambers@cacd.uscourt.gov leena.sheet@doj.ca.gov GW_Chambers@cacd.uscourts.gov ODW_Chambers@cacd.uscourts.gov AFM_Chambers@cacd.uscourts.gov VBF_Chambers@cacd.uscourts.gov CANTEX CONTINUING: "Wallace" Suit Seeks Unpaid Overtime Wages ------------------------------------------------------------- Tonya Wallace, all other similarly situated employees, v. Cantex Continuing Care Network, LLC, Alvin Health Care Center Ltd. Co., Sorrento Continuing Care Center Ltd. Co., Westover Continuing Care Center Ltd. Co., Livingston Health Care Center Ltd. Co., Fort Bend Continuing Care Center Ltd. Co., Belmont Care Center Ltd. Co., Denison Health Care Center Ltd. Co., Bel Air Continuing Care Center Ltd. Co., Broadmoor Continuing Care Center Ltd. Co., Coronado Care Center Ltd. Co., Hollymead Continuing Care Center Ltd. Co., Carlyle Health Center Ltd. Co., Stoneleigh Health Care Center Ltd. Co., Colonnades Health Care Center Ltd., Woodville Health Care Center Ltd. Co., Woodville Health and Rehabilitation Center, Gainesville Health Care Center Ltd. Co., Mathis Health Care Center Ltd. Co., Seago Health Care Center Ltd. Co., Ashford Health Care Center Ltd. Co., Oakwood Health Care Center Ltd. Co., Villa Health Care Center Ltd. Co., Silsbee Health Care Center Ltd. Co., Windsor Place Health Care Center Ltd. Co., Carrollton Health Care Center Ltd. Co., Cresthaven Health Care Center Ltd. Co., Senior Community Ltd. Co., Crescent Continuing Care Center Ltd. Co., Solera Transitional Health Care Ltd. Co., SR Senior Community Ltd. Co., Sutton Health Care Center Ltd. Co. and FM 1382 Health Care Center Ltd. Co., Defendants, Case No. 3:16-cv-00349, (S.D. Tex., December 13, 2016), seeks unpaid overtime compensation, lost wages, liquidated damages, front pay in lieu of reinstatement, attorneys' fees and costs, prejudgment interest at the applicable rate, post-judgment interest at the applicable rate, incentive awards for any class representative(s) and all such other and further relief pursuant to the Fair Labor Standards Act. Defendants are a network of nursing facilities, pharmacies, and in-house therapeutic rehabilitation centers that provide nursing, home health and hospice services where Wallace worked as a licensed vocational nurse. She claims to have worked through her meal breaks and rendered off-the-clock and on-call work. Wallace was terminated for complaining about the shortages in her paycheck. Plaintiff is represented by: 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 CARING PROFESSIONALS: Sued in N.Y. Over Failure to Pay Overtime --------------------------------------------------------------- Anna Hutnikova, individually and on behalf of all others similarly situated v. Caring Professionals, Inc., Case No. 1:16-cv-06913 (E.D.N.Y., December 14, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. Caring Professionals, Inc. owns and operates a home health care agency located in Forest Hills, NY 11375. The Plaintiff Anna Hutnikova is represented by: Anna Hutnikova is a pro se plaintiff. CARTER'S RETAIL: Settlement in "Dudum" Case Has Final Approval -------------------------------------------------------------- In the case, JULIE DUDUM, et al., Plaintiffs, v. CARTER'S RETAIL, INC., Defendant, Case No. 14-cv-00988-HSG (N.D. Cal.), District Judge Haywood S. Gilliam, Jr. granted final approval of the Plaintiffs' Motion for Final Approval of Class Action Settlement and Plaintiffs' Motion for Attorneys' Fees and Costs. The Settlement Class includes all current and former hourly employees of Defendant who worked in the State of California from January 27, 2010 through and including January 15, 2015, and who (a) received one or more bonus payments during the class period; and (b) worked overtime at any point during the class period. The Court approves payment of attorneys' fees in the amount of $150,488, costs in the amount of $7,012, estimated settlement administration costs of $13,599 (with reasonable costs of administration to be finally determined after the completion of administration), service awards in the amount of $5,000 for each named plaintiff, and payment of $4,000 to cover penalties under the Private Attorney General Act ("PAGA"). Moreover, the Court grants final certification of the class, and confirms the appointment of John McIntyre of Shea & McIntyre, A.P.C. and Cary Kletter of Kletter + Nguyen Law, LLP as co-lead counsel. The Court directs the Clerk of the Court to enter Final Judgment consistent with the order, and to close the case. The Court also retains jurisdiction over the parties to enforce the terms of the judgment. A copy of the Court's Order dated December 2, 2016 is available at https://goo.gl/t2QBYP from Leagle.com. Luningning Ludovico, et al., Plaintiffs, represented by Cary S. Kletter, Kletter + Nguyen Law LLP, John Franklin McIntyre, Jr., Shea & McIntyre, A P.C., Kevin Robert Elliott, Shea and McIntyre A. P.C. & Sally Trung Nguyen, Kletter + Nguyen Law LLP. Carter's Retail, Inc., Defendant, represented by Aurelio Jose Perez -- aperez@littler.com -- Littler Mendelson, P.C. & Natalie Ann Pierce -- npierce@littler.com -- Littler Mendelson. CBE GROUP: Faces "McHenry" Suit in Eastern District of New York --------------------------------------------------------------- A class action lawsuit has been filed against The CBE Group, Inc. The case is entitled as Douglas M. McHenry and Guiseppe Pacificador, individually and on behalf of all others similarly situated, the Plaintiffs, v. The CBE Group, Inc., the Defendant, Case No. 2:16-cv-06924 (E.D.N.Y., Dec. 15, 2016). CBE provides accounts receivable management and debt collection services for clients in the education, financial, and healthcare sectors. The Plaintiffs appear pro se. CHICAGO CAR: Status Hearing in Stone Funding Suit Set for Jan. 12 ----------------------------------------------------------------- The Clerk of the U.S. District Court for the Northern District of Illinois made a docket entry on December 1, 2016, in the case captioned Chicago Car Care Inc. v. Stone Funding Group LLC, et al., Case No. 1:16-cv-08094 (N.D. Ill.), relating to a hearing held before the Honorable Robert W. Gettleman. The minute entry states that: -- Motion hearing was held on December 1, 2016; -- Motion to withdraw motion to certify class is granted; -- Motion to certify class is withdrawn; -- Motion for entry of default is granted; -- Prove-up brief is due by January 3, 2017; and -- Status hearing and prove-up are set for January 12, 2017, at 9:15 a.m. A copy of the Notification of Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=pz3DbDph CLIENT SERVICES: Faces "Fekete" Suit in E.D N.Y. ------------------------------------------------ A class action lawsuit has been filed against Client Services, Inc. The case is titled as Feige Fekete, on behalf of herself and all other similarly situated consumers, the Plaintiff, v. Client Services, Inc., the Defendant, Case No. 1:16-cv-06959 (E.D.N.Y., Dec. 16, 2016). Client Services is a full service Accounts Receivable Management (ARM) firm offering a diverse selection of collection and recovery solutions. The Plaintiff appears pro se. COBALT MORTGAGE: Zachary Seeks to Certify Class of Processors ------------------------------------------------------------- The Plaintiff in the lawsuit titled ELIZABETH ZACHARY, On Behalf of Herself and All Others Similarly v. COBALT MORTGAGE, INC., Case No. 4:16-cv-00754-ALM (E.D. Tex.), asks the Court pursuant to the Fair Labor Standards Act to conditionally certify this class: All persons who are, have been, or will be employed by Defendant as "Processors," "Senior Processors," or in other job titles who performed similar loan processing job duties within the United States at any time during the last three years through entry of judgment in this case. Ms. Zachary also asks the Court to order the Defendant to provide her with the names, last known address, dates of employment, work location, telephone number, and e-mail address for all those similarly situated employees in an electronic format within seven days after the Court's order, to direct the issuance of her proposed Notice to all such persons. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=qkicRp7R The Plaintiff is represented by: J. Derek Braziel, Esq. LEE & BRAZIEL, L.L.P. 1801 N. Lamar Street, Suite 325 Dallas, TX 75202 Telephone: (214) 749-1400 Facsimile: (214) 749-1010 E-mail: jdbraziel@l-b-law.com - and - Rowdy B. Meeks, Esq. ROWDY MEEKS LEGAL GROUP LLC 8201 Mission Road, Suite 250 Prairie Village, KS 66208 Telephone: (913) 766-5585 Facsimile: (816) 875-5069 E-mail: Rowdy.Meeks@rmlegalgroup.com CUSTOMER CREDIT: Faces "Hume" Suit in W.D. of Oklahoma ------------------------------------------------------ A class action lawsuit has been filed against Customer Credit Corporation. The case is captioned as Amber Hume, individually and on behalf of others similarly situated, the Plaintiff, v. Customer Credit Corporation and Royal Management, the Defendants, Case No. 5:16-cv-01432-M (W.D. Okla., Dec. 15, 2016). The case is assigned to Hon. Vicki Miles-LaGrange. Customer Credit is a financial services company located in 4989 SE 29th St, Oklahoma City, Oklahoma, United States. The Plaintiff is represented by: Amber L Hurst, Esq. Leah M Roper, Esq. Mark E Hammons, Esq. HAMMONS GOWENS HURST & ASSOCIATES 325 Dean A McGee Ave Oklahoma City, OK 73102 Telephone: (405) 235 6100 Facsimile: (405) 235 6111 E-mail: amber@hammonslaw.com leah@hammonslaw.com Mark@Hammonslaw.com The Defendants are represented by: Mary P Snyder, Esq. Tanya S Bryant, Esq. CROWE & DUNLEVY-OKC Braniff Building 324 N Robinson Ave., Suite 100 Oklahoma City, OK 73102 Telephone: (405) 239 6649 Facsimile: (405) 272 5943 E-mail: mary.snyder@crowedunlevy.com tanya.bryant@crowedunlevy.com DEPARTMENT OF HEALTH: "Cruz" Files Appeal in 2nd Circuit -------------------------------------------------------- Angie Cruz, on behalf of themselves and all others similarly situated I.H., on behalf of themselves and all others similarly situated; Ares Kpaka; Riya Christie; A.B., Parent and Natural Guardian of M.B., a minor, Individually and on behalf of all others similarly situated; S.V., a minor child by N.V., Legal Guardian, Individually and on behalf of all others similarly situated; M.B., a minor child by A.B., Parent and Natural Guardian, Individually and on behalf of all others similarly situated; and N.V., Legal Guardian of S.V., a minor, Individually and on behalf of all others similarly situated, the Plaintiff - Appellees, v. Howard Zucker, as Commissioner of the Department of Health, Defendant - Appellant, Case No. 16-4173 (2nd Cir, Dec. 16, 2016), is an appeal filed before the United States Court of Appeals for the Second Circuit from a lower court decision in a class action, Case No. 14-cv-4456 (S.D.N.Y.) The Plaintiff - Appellees are represented by: Mary Eaton, Esq. WILLKIE FARR & GALLAGHER LLP 787 7th Avenue New York, NY 10019 Howard Zucker, as Commissioner of the Department of Health is represented by: John Peter Gasior, Esq. Steven Wu, Esq. NEW YORK STATE OFFICE OF THE ATTORNEY GENERAL 120 Broadway New York, NY 10271 EMERGENCY SERVICES: "Brantingham" Suit Seeks Overtime Pay --------------------------------------------------------- Jennifer Brantingham, Plaintiff, for herself and all others similarly situated, v. Emergency Services, Inc., Defendant, Case No. 2:16-cv-1169 (S.D. Ohio, December 13, 2016), seeks unpaid overtime wages, liquidated damages and/or treble damages, prejudgment and post judgment interest, costs and expenses of this action together with reasonable attorneys' fees and expert fees and such other legal and equitable relief for violation of the Fair Labor Standards Act and the Ohio Minimum Fair Wage Standards Act. Emergency Services, Inc. is an emergency medicine group that staffs four hospitals in Central Ohio. It provides staffing for their emergency room. Plaintiff worked for the Defendants as a physician assistant. 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 - and - Rachel A. Sabo, Esq. Peter G. Friedmann, Esq. THE FRIEDMANN FIRM LLC 1457 S. High Street Columbus, OH 43207 Tel: (614) 610-9757 Fax: (614) 737-9812 Email: Rachel@TFFLegal.com Pete@TFFLegal.com FIELDTURF USA: Faces Suit Over Defective Synthetic Grass Fields --------------------------------------------------------------- THE BOROUGH OF CARTERET, on behalf of itself and all others similarly situated, Plaintiffs, v. FIELDTURF USA INC., a Florida Corporation, FIELDTURF INC., a Canadian Corporation, and FIELDTURF TARKETT SAS, a French Corporation, Defendants, Case No. 2:16-cv- 09252 (D.N.J., December 14, 2016), challenges the alleged deceptive and misleading business practices of FieldTurf in connection with its manufacturing, marketing, sale, and installation of synthetic grass turf systems used for athletic fields across the country under the brand names "FieldTurf," "Duraspine" and "Prestige." FIELDTURF USA INC. is the inventor of long-pile, infilled artificial turf. The Plaintiff is represented by: Michael M. DiCicco, Esq. Christopher B. Healy, Esq. BATHGATE, WEGENER & WOLF, P.C. One Airport Road P.O. Box 2043 Lakewood, NJ 08701 Phone: 732-363-0666 E-mail: mdicicco@bathweg.com - and - Adam M. Moskowitz, Esq. Thomas A. Tucker Ronzetti, Esq. Tal J. Lifshitz, Esq. Michael R. Lorigas, Esq. KOZYAK TROPIN & THROCKMORTON LLP 2525 Ponce de Leon Blvd., 9th Floor Coral Gables, FL 33134 Phone: (305) 372-1800 Fax: (305) 372-3508 E-mail: amm@kttlaw.com tr@kttlaw.com tjl@kttlaw.com mlorigas@kttlaw.com FIRST DATA: Dismissal of "Benex" Suit Appealed to Second Circuit ---------------------------------------------------------------- Plaintiff Benex LC appeals to the United States Court of Appeals for the Second Circuit from the final judgment of the U.S. District Court for the Eastern District of New York, dated and entered November 14, 2016, which dismissed the Plaintiff's claims with prejudice. The District Court case is titled BENEX LC, on behalf of itself and all others similarly situated v. FIRST DATA MERCHANT SERVICES CORPORATION, Case No. 2:14-cv-06393-JS-AKT (E.D.N.Y.) The appellate case is captioned as Benex LC v. First Data Merchant Services Corporation, Case No. 16-4076, in the United States Court of Appeals for the Second Circuit. Plaintiff-Appellant Benex LC is represented by: Seth D. Rigrodsky, Esq. Timothy J. MacFall, Esq. RIGRODSKY & LONG, P.A. 825 East Gate Boulevard, Suite 300 Garden City, NY 11530 Telephone: (516) 683-3516 Facsimile: (302) 654-7530 E-mail: sdr@rl-legal.com tjm@rl-legal.com Defendant-Appellee First Data Merchant Services Corporation is represented by: Noah Adam Levine, Esq. Alan E. Schoenfeld, Esq. WILMER CUTLER PICKERING HALE AND DORR LLP 7 World Trade Center 250 Greenwich Street New York, NY 10007 Telephone: (212) 230-8800 Facsimile: (212) 230-8888 E-mail: noah.levine@wilmerhale.com alan.schoenfeld@wilmerhale.com - and - Albinas Prizgintas, Esq. WILMER CUTLER PICKERING HALE AND DORR LLP 1875 Pennsylvania Avenue Nw Washington, DC 20006 Telephone: (202) 663-6719 Facsimile: (202) 663-6000 E-mail: albinas.prizgintas@wilmerhale.com - and - David C. Marcus, Esq. WILMER CUTLER PICKERING HALE AND DORR LLP 350 South Grand Avenue, Suite 2100 Los Angeles, CA 90071 Telephone: (213) 443-5312 Facsimile: (213) 443-5400 E-mail: david.marcus@wilmerhale.com FORD MOTOR: Classes in MyFord Touch Consumer Case Decertified ------------------------------------------------------------- In the case captioned, IN RE MYFORD TOUCH CONSUMER LITIGATION, Case No. 13-CV-03072-EMC (N.D. Cal.), District Judge Edward M. Chen of the United States District Court for the Northern District of California decertifies Plaintiffs' claims for violations of California's Consumers Legal Remedies Act, Ohio's Consumer Sales Practices Act, Texas's Deceptive Trade Practices Act, and Virginia's Consumer Protection Act. Judge Chen denied Plaintiffs' motion for reconsideration but granted Ford Motor's motion for reconsideration. Plaintiffs filed the class action claiming that Defendants (Ford) sold them, and other putative class members, vehicles with defective MyFord Touch (MFT) systems, despite knowing at the time of sale that the MFT systems were defective. Ford moved to dismiss Plaintiffs' Second Amended Complaint and the Court denied this motion in part. Plaintiffs subsequently filed a Third Amended Complaint. Plaintiffs moved to certify 12 classes on January 28, 2016. Each class is defined as "all persons or entities who purchased or leased a Ford or a Lincoln vehicle in the applicable state from Ford Motor Company or through a Ford Motor Company dealership before August 9, 2013, which vehicle was equipped with a MyFord Touch or MyLincoln Touch in-car communication and entertainment system." On September 14, 2016, the Court granted in part and denied in part Plaintiffs' motion for class certification. In particular, the Court denied certification of numerous state-law fraud claims. The Court held that as to such claims, individual issues would predominate because Ford's alleged misrepresentations regarding MFT were not sufficiently pervasive or widespread to permit an inference of class-wide reliance. In the Plaintiffs' motion, they seek reconsideration of the Court's denial of class certification as to four claims: (1) the UCL claim under Cal. Bus. & Prof. Section 17200 et seq., to the extent the claim is predicated upon fraud; (2) the California False Advertising Law (FAL) claim; (3) the claim for violation of New York General Business Law Section 349; and (4) the claim for violation of the Washington Consumer Protection Act. Ford asks the Court to reconsider its certification of classes for four fraud based claims, specifically, those arising under California's Consumer Legal Remedies Act, Ohio's Consumer Sales Practices Act, Texas's Deceptive Trade Practices Act, and Virginia's Consumer Protection Act. Ford argues that the Court's decision to certify these claims was essentially an oversight. In his Order dated November 22, 2016 available at https://is.gd/AFOLdy from Leagle.com, Judge Chen concluded that given the evolving nature of the MFT software, and the changing availability of information about the system, it would not be feasible to limit the inquiry to Ford's knowledge and liability for non-disclosure as of June 2010. Class certification is not appropriate on the fraud claims because Plaintiffs' argument for reconsideration of the Washington claim is predicated on the same argument based on Daniel Daniel v. Ford Motor Co., 806 F.3d 1217(9th Cir. 2015) which held that a fraud claim under the UCL requires proof of reliance on the alleged misrepresentations or omissions on the part of the defendant. As to Ford's motion, the Court concluded that there is no reason for the Court to have certified four fraud based claims, specifically, those arising under California's CLRA, Ohio's Consumer Sales Practices Act, Texas's Deceptive Trade Practices Act, and Virginia's Consumer Protection Act while denying certification of the other fraud-based claims requiring reliance. Jennifer Whalen, et al. are represented by Adam J. Levitt, Esq. -- alevitt@gelaw.com -- GRANT & EISENHOFER P.A. -- Craig Ripley Spiegel, Esq. -- craigs@hbsslaw.com -- Jason Allen Zweig, Esq. -- jasonz@hbsslaw.com -- Catherine Gannon, Esq. -- catherineg@hbsslaw.com -- Jeff D. Friedman, Esq. -- jefff@hbsslaw.com -- Jeniphr A.E. Breckenridge, Esq. -- jeniphr@hbsslaw.com -- Shelby Smith, Esq. -- shelby@hbsslaw.com -- Steve W. Berman, Esq. -- steve@hbsslaw.com -- and -- Tyler S. Weaver, Esq. -- tyler@hbsslaw.com -- HAGENS BERMAN SOBOL SHAPIRO LLP -- Cynthia B. Chapman, Esq. -- cbc@caddellchapman.com -- and - - Michael A. Caddell, Esq. -- mac@cadellchapman.com -- CADDELL & CHAPMAN -- Benjamin F. Johns, Esq. -- BenJohns@chimicles.com -- CHIMICLES & TIKELLIS LLP -- Jeffrey Scott Goldenberg, Esq. -- jgoldenberg@gs-legal.com -- GOLDENBERG SCHNEIDER, LPA -- Joseph Bryce Kenney, Esq. -- jbk@mccunewright.com -- and -- Joseph G. Sauder, Esq. -- jgs@mccunewright.com -- MCCUNEWRIGHT, LLP -- Vincent Louis DiTommaso, Esq. -- vdt@ditommasolaw.com -- DITOMMASO LUBIN, P.C. Ford Motor Company is represented by Randall W. Edwards, Esq. -- redwards@omm.com -- Brian Christopher Anderson, Esq. -- banderson@omm.com -- David Richard Dorey, Esq. -- ddorey@omm.com -- Edmundo Clay Marquez, Esq. -- emarquez@omm.com -- and -- Scott M. Hammack, Esq. -- shammack@omm.com -- O'MELVENY AND MYERS -- Janet L. Conigliaro, Esq. -- jconigliaro@dykema.com -- DYKEMA -- Warren Earl Platt, Esq. -- wplatt@swlaw.com -- SNELL AND WILMER LLP GEICO GENERAL: "Roth" Class Suit Removed to South. Dist. Florida ---------------------------------------------------------------- The class action lawsuit entitled Kerry Roth, on behalf of herself and all others similarly situated v. GEICO General Insurance Company, Government Employees Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, GEICO Advantage Insurance Company, GEICO Choice Insurance Company, and GEICO Secure Insurance Company, Case No. 113C-9330870, was removed from the 17th Judicial Circuit in and for Broward County, Florida to the U.S. District Court for the Southern District of Florida (Ft Lauderdale). The District Court Clerk assigned Case No. 0:16-cv- 62942-WPD to the proceeding. The Defendants own and operate an auto insurance company in Florida. The Plaintiff is represented by: Christopher J. Lynch, Esq. HUNTER WILLIAMS & LYNCH The Monarch Grove Building 2977 McFarlane Road, Suite 301 Miami, FL 33133 Telephone: (305) 443-6200 Facsimile: (305) 443-6204 E-mail: clynch@hunterwilliamslaw.com - and - Edmund Alonso Normand, Esq. NORMAND LAW PLLC. 4551 New Broad Street Orlando, FL 32814 Telephone: (407) 625-9043 E-mail: Ed@ednormand.com The Defendant is represented by: Amelia Toy Rudolph, Esq. SUTHERLAND ASBILL & BRENNAN 999 Peachtree Street NE, Suite 2300 Atlanta, GA 30309-3996 E-mail: amelia.rudolph@sutherland.com GEL SPICE: Faces "Caudle" Lawsuit Over Lead Content in Spice ------------------------------------------------------------ PAMELA CAUDLE, individually and on behalf of all others similarly situated, Plaintiff, v. GEL SPICE CO., INC.; BIG LOTS STORES, INC.; GROCERY OUTLET, INC.; and DOES 1-10; Defendants, Case No. 3:16-cv-07146 (N.D. Cal., December 14, 2016), alleges that Gel has violated federal and state law by selling one of its spices, turmeric, containing toxic levels of lead, resulting in a recall of several of its turmeric brands. Defendant Gel Spice Co., Inc. is an importer and custom manufacturer of food service products, including spices, herbs, seeds, seasoning and baking ingredients. The Plaintiff is represented by: Deborah Rosenthal, Esq. Paul J. Hanly, Jr., Esq. Mitchell M. Breit, Esq. SIMMONS HANLY CONROY LLC 455 Market Street, Suite 1150 San Francisco, CA 94105 Phone: (415) 536-3986 Fax: (415) 537-4120 E-mail: drosenthal@simmonsfirm.com phanly@simmonsfirm.com mbreit@simmonsfirm.com - and - Gregory F. Coleman, Esq. GREG COLEMAN LAW PC First Tennessee Plaza 800 S. Gay Street, Suite 1100 Knoxville, TN 37929 Phone: (865) 247-0080 Fax: (865) 533-0049 E-mail: greg@gregcolemanlaw.com GENERAL MOTORS: Faces "Zierke" Class Suit in Minnesota ------------------------------------------------------ A class action lawsuit has been commenced against General Motors LLC, General Motors Holdings LLC, General Motors Company, and GM LLC. The case is captioned Bradley K. Zierke, on behalf of himself and all others similarly situated v. General Motors LLC, General Motors Holdings LLC, General Motors Company, and GM LLC, Case No. 0:16-cv-04170-WMW-SER (D. Minn., December 14, 2016). Headquartered in Detroit, Michigan, the Defendants design, manufacture, market, and distribute vehicles and vehicle parts, and sells financial services. The Plaintiff is represented by: Timothy J. Becker, Esq. JOHNSON BECKER PLLC 444 Cedar St, Ste 1800 St. Paul, MN 55101 Telephone: (612) 436-1800 Facsimile: (612) 436-1801 E-mail: tbecker@johnsonbecker.com - and - David H. Grounds, Esq. JOHNSON BECKER 33 South Sixth St, Suite 4530 Minneapolis, MN 55402 Telephone: (612) 436-1861 Facsimile: (612) 436-1801 E-mail: groundsffl@hotmail.com GLOBAL EXCHANGE: Certification of Class Sought in "Del Valle" Suit ------------------------------------------------------------------ The Plaintiff in the lawsuit titled MICHELE DEL VALLE; an individual, for herself and all members of the putative class v. GLOBAL EXCHANGE VACATION CLUB, a California corporation; RESORT VACATIONS, INC., a Nevada corporation; GLOBAL VACATIONS MARKETING CORP., a Nevada corporation, GLOBAL EXCHANGE DEVELOPMENT, CORP., a Nevada corporation, and DOES 1 through 100, inclusive, Case No. 8:16-cv-02149-DOC-JCG (C.D. Cal.), moves the Court for an order certifying this class: All persons within the United States to whom InterVoice Technologies and Marketing Solutions International have placed a call to said persons' cellular telephone (without their prior express consent and not for emergency purposes) for the purpose of marketing Defendants' timeshares through the use of an automatic telephone dialing system from September 15, 2010 to the present. The Court will commence a hearing on January 9, 2017, at 8:30 a.m., to consider the Motion. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=W9GfaBs1 The Plaintiff is represented by: R. Rex Parris, Esq. Kitty K. Szeto, Esq. John M. Bickford, Esq. Eric N. Wilson, Esq. PARRIS LAW FIRM 43364 10th Street West Lancaster, CA 93534 Telephone: (661) 949-2595 Facsimile: (661) 949-7524 E-mail: rrparris@parrislawyers.com kszeto@parrislawyers.com jbickford@parrislawyers.com ewilson@parrislawyers.com The Defendants are represented by: Joseph Ehrlich, Esq. Mark R. Meyer, Esq. LOSCH & EHRLICH 425 California Street, Suite 2025 San Francisco, CA 94104 Telephone: (415) 956-8400 Facsimile: (415) 956-2150 E-mail: je@losch-ehrlich.com mm@losch-ehrlich.com H & H INTERIOR: Faces "Deleg" Suit in E.D.N.Y. ----------------------------------------------- A class action lawsuit has been filed against H & H Interior Design Inc. The case is captioned as Manuel Olmedo Veletanga Deleg and Espiritu Veletanga, Individually and on Behalf of All Other Collective Persons Similarly Situated, the Plaintiff, v. H & H Interior Design Inc. and Saban Hoxha, the Defendants, Case No. 1:16-cv-06955 (E.D.N.Y., Dec. 16, 2016). H & H specializes in residential interior design and custom and high-end design. The Plaintiffs appear pro se. HUNT & HENRIQUES: Faces "Smith" Suit in S.D. Cal. ------------------------------------------------- A class action lawsuit has been filed against Hunt & Henriques, Inc. The case is styled as Russell Smith, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. Hunt & Henriques, Inc., the Defendant, Case No. 3:16-cv-03048-CAB-JLB (S.D. Cal., Dec. 16, 2016). The case is assigned to Hon. Judge Cathy Ann Bencivengo. Hunt & Henriques is a California consumer collection law firm. The Plaintiff is represented by: Abbas Kazerounian, Esq. Matthew M. Loker, Esq. KAZEROUNIAN LAW GROUP, APC 245 Fischer Avenue, Suite D1 Costa Mesa, CA 92626 Telephone: (800) 400 6808 Facsimile: (800) 520 5523 E-mail: ak@kazlg.com ml@kazlg.com HUNTLEIGH USA: "Thomas" Sues Over Missed Meal Breaks ---------------------------------------------------- Mary L. Thomas, individually and on behalf of others similarly situated plaintiff, v. Huntleigh USA Corporation, Defendant, Case No. 4:16-cv-03648, (S.D. N.Y., December 13, 2016), seeks all unpaid wages, liquidated damages, reasonable attorney's fees, costs and expenses and such other and further relief pursuant to the Fair Labor Standards Act. Defendant provides customer service to passengers with special needs at George Bush Intercontinental Airport and William P. Hobby Airport where Thomas worked as Passenger Service Agent. She claims to have worked through her meal breaks. Plaintiff is represented by: Trang Q. Tran. Esq. TRAN LAW FIRM L.L.P. 2537 S. Gessner, Suite 104 Houston, TX 77063 Telephone: (713) 223-8855 Facsimile: (713) 623-6399 ILLINOIS: Certification of Class Sought in "Donegan" Suit --------------------------------------------------------- The Plaintiff in the lawsuit entitled BLAKE DONEGAN, by and through his mother, ANGELA DONEGAN, individually and on behalf of a class v. FELICIA F. NORWOOD, in her official capacity as Director of the Illinois Department of Healthcare and Family Services, Case No. 1:16-cv-11178 (N.D. Ill.), asks the Court to certify this class: All Medicaid-enrolled children under the age of 21 in the State of Illinois who receive in-home shift nursing services or had received in-home shift nursing services, and when they obtain the age of 21 years are subjected to reduced Medicaid funding which reduces the medical level of care which they had been receiving prior to obtaining 21 years. The class definition does not include those persons, who are enrolled in the State of Illinois' Medically Fragile Technology Dependent (MFTD) Medicaid Waiver program, the Plaintiff informs the Court. The Plaintiff adds that as of April 1, 2016, approximately 411 children with extensive medical needs received in-home shift nursing services through the Defendant's program commonly referred to as the Nursing and Personal Care Services program. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=J71mXYgM The Plaintiff is represented by: Robert H. Farley, Jr., Esq. ROBERT H. FARLEY, JR., LTD. 1155 S. Washington Street Naperville, IL 60540 Telephone: (630) 369-0103 E-mail: farleylaw@aol.com - and - Mary Denise Cahill, Esq. CAHILL & ASSOCIATES 1155 S. Washington Street Naperville, IL 60540 Telephone: (630) 778-6500 E-mail: mdcahill@sbcglobal.net INCREDIBLE ADVENTURES: Faces "Pazo" Suit in Cal. Super. Ct. ----------------------------------------------------------- A class action lawsuit has been filed against Incredible Adventures, Inc. The case is captioned as PAZO, THOMAS INIDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, the PLAINTIFF, v. INCREDIBLE ADVENTURES, INC., A CALIFORNIA CORPORATION and DOES 1-10, the DEFENDANT, Case No. CGC 16 555971 (Cal. Super. Ct., Dec. 16, 2016). Incredible Adventures is an international adventure company based in Sarasota, Florida. The Company specializes in delivering one- of-a-kind dream adventures. INJURY HELP: Court Dismisses "Williams" Class Suit -------------------------------------------------- In the case, LERORY WILLIAMS, on behalf of himself and all others similarly situated, Plaintiff, v. INJURY HELP NETWORK, and DOES 1 through 10, inclusive, and each of them, Defendants, No. 1:16-cv- 00924-DAD-BAM (E.D. Cal.), District Judge Dale A. Drozd dismissed the Plaintiff's action, following his notice of voluntary dismissal and the Defendant's failure to file a responsive pleading. Although the case was filed as a class action, no class has been certified in the case. The Court further directed the Clerk of Court to close the case. A copy of the Court's Order dated December 2, 2016 is available at https://goo.gl/v5vXEx from Leagle.com. Leroy Williams, Plaintiff, represented by Adrian R. Bacon -- abacon@attorneysforconsumers.com -- The Law Offices Of Todd M. Friedman, P.C.. Leroy Williams, Plaintiff, represented by Todd M. Friedman -- tfriedman@toddflaw.com -- Law Offices of Todd M. Friedman, P.C. INMATE SERVICES: "Stearns" Class Suit Transferred to E.D. Ark. -------------------------------------------------------------- In the case, DANZEL STEARNS, Plaintiff, v. INMATE SERVICES CORPORATION, et al., Defendants, No. 2:16-cv-2707 KJM CKD P (E.D. Cal.), Magistrate Judge Carolyn K. Delaney transferred the venue for the Plaintiff's action to the Eastern District of Arkansas. The class action is filed on behalf of the inmates transported by the Defendant on or after November 7, 2014, who were forced to remain in the Defendant's vehicle for more than 48 continuous hours. The class includes subclasses of inmates who were transported within the State of California by the Defendant and its agents or employees for certain periods of time. The Court is transferring the action to the Eastern District of Arkansas, even though the Plaintiff asserted that a substantial part of the events or omissions giving rise to the claim occurred in the Eastern District of California. The court noted that the transfer is in the interests of justice because the sole named Defendant is headquartered in that District of Arkansas, and because the Plaintiff does not reside in the Eastern District of California. A copy of the Court's Order dated December 1, 2016 is available at https://goo.gl/JQ29NZ from Leagle.com. Danzel Stearns, Plaintiff, represented by Mark E. Merin -- mark@markmerin.com -- Law Office J. Mitchell Clark, pro hac vice. Danzel Stearns, Plaintiff, represented by Paul H. Masuhara -- paul@markmerin.com -- Law Office of Mark E. Merin, pro hac vice INTEGRATED TECH: "Gomez" Suit Moved to S.D. of Florida ------------------------------------------------------ The class action lawsuit titled Raidel Gomez on behalf of himself and on behalf of all others similarly situated, the Plaintiff, v. Integrated Tech Group, LLC, the Defendant, Case No. 16-026973-CA- 01, was removed from the 11th Judicial Circuit Court, to the U.S. District Court for the Southern District of Florida (Miami). The District Court Clerk assigned Case No. 1:16-cv-25213-KMW to the proceeding. The case is assigned to Hon. Judge Kathleen M. Williams. Integrated Tech Group is an engineering and manufacturing solutions provider with focus technologies in magnetic, servo systems and specialty cable product areas. The Plaintiff is represented by: Luis A. Cabassa, Esq. WENZEL FENTON CABASSA, P.A. 1110 N. Florida Avenue, Suite 300 Tampa, FL 33602 Telephone: (813) 224 0431 Facsimile: (813) 229 8712 E-mail: lcabassa@wfclaw.com The Defendant is represented by: Jason Daniel Berkowitz, Esq. Laura E. Prather, Esq. JACKSON LEWIS P.C. 2 S Biscayne Boulevard Suite 3500 One Biscayne Tower Miami, FL 33131-1802 Telephone: (305) 577 7600 Facsimile: (305) 373 4466 E-mail: berkowitzj@jacksonlewis.com laura.prather@jacksonlewis.com LANNETT CO: Benefit Fund Alleges Levothyroxine Price Conspiracy --------------------------------------------------------------- 1199SEIU National Benefit Fund, individually and on behalf of all others similarly situated, Plaintiff, v. Lannett Company, Inc. and Mylan Pharmaceuticals, Inc., Defendants, Case No. 1:16-cv-09666 (S.D.N.Y., December 14, 2016), alleges a conspiracy between Lannett Company, Inc. and Mylan Pharmaceuticals, Inc. to increase the prices of generic levothyroxine. Lannett Company, Inc. manufactures and distributes generic pharmaceuticals. The Plaintiff is represented by: Richard M. Heimann, Esq. Eric B. Fastiff, Esq. Brendan P. Glackin, Esq. Dean M. Harvey, Esq. Michelle A. Lamy, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Phone: (415) 956-1000 Fax: (415) 956-1008 Email: rheimann@lchb.com Email: efastiff@lchb.com Email: bglackin@lchb.com Email: dharvey@lchb.com Email: mlamy@lchb.com - and - Daniel E. Seltz, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 250 Hudson Street, 8th Floor New York, NY 10013-1413 Phone: (212) 355-9500 Fax: (212) 355-9502 Email: dseltz@lchb.com - and - Dan Drachler, Esq. Robert S. Schachter, Esq. Joseph Lipofsky, Esq. ZWERLING SCHACHTER & ZWERLING, LLP 41 Madison Ave. New York, NY 10010 Phone: (212) 223-3900 Fax: (212) 371-5969 Email: ddrachler@zsz.com Email: rschacter@zsz.com Email: jlipofsky@zsz.com M&E TRUCKING: Faces "Trevino" Suit Under FLSA, Col. Wage Laws ------------------------------------------------------------- EVARISTO TREVINO, on behalf of himself and all similarly situated persons, Plaintiff, v. M&E TRUCKING LLC, a Colorado limited liability company, M&E TRUCKING LLC INC., a Colorado corporation, and ENRIQUE CARRILLO, Defendants, Case No. 1:16-cv-03068 (D. Col., December 14, 2016), alleges violations of the Fair Labor Standards Act, the Colorado Wage Claim Act, the Colorado Minimum Wage Act, and the Colorado Minimum Wage Order by failing to compensate employees for all of their regular and overtime hours worked. M&E TRUCKING LLC is an oilfield service company providing roustabout services in Colorado. The Plaintiff is represented by: Brian D. Gonzales THE LAW OFFICES OF BRIAN D. GONZALES, PLLC 242 Linden Street Fort Collins, CO 80524 Phone: (970) 214-0562 E-mail: BGonzales@ColoradoWageLaw.com MCBRIDE LOCK: Bohnenstiehl Case Remanded to Illinois State Court ---------------------------------------------------------------- District Judge Nancy J. Rosenstengel of the United States District Court for the Southern District of Illinois granted a motion to remand and declined to address the motion to dismiss in the case captioned, JENNIFER BOHNENSTIEHL and TIMOTHY BOHNENSTIEHL, Plaintiffs, v. McBRIDE, LOCK, and ASSOCIATES, LLC, Defendant, Case No. 16-CV-306-NJR-DGW (S.D. Ill.). Plaintiffs Jennifer and Timothy Bohnenstiehl filed a putative class action on January 25, 2016, in the Circuit Court of St. Clair County, Illinois, against Defendant McBride, Lock, and Associates, LLC (McBride). McBride is a certified public accounting firm retained by the Department of Justice to perform audits of bankruptcy petitions, including Plaintiffs' Chapter 13 bankruptcy petition filed in the United States Bankruptcy Court for the Southern District of Illinois. In November 2015, a McBride email account was hacked, which Plaintiffs believe compromised the security of personal information on file with McBride, most notably social security numbers. After being notified of the breach, Plaintiffs filed their putative class action asserting a common law negligence claim for failure to exercise reasonable care in safeguarding and protecting social security number information from unauthorized access, as well as claims under the Illinois Personal Information Protection Act, and the Missouri Personal Information Protection Act, MO. REV. STAT. Section 407.1500, for failure to disclose the breach in the most expedient time possible. McBride removed the case to federal court on March 21, 2016, under the Class Action Fairness Act of 2005, 28 U.S.C. Sec. 1332(d)(2) (CAFA). Plaintiffs filed a timely motion to remand, arguing that the amount in controversy does not exceed the statutory threshold. McBride filed a response in opposition to the motion to remand, as well as a motion to dismiss, which sets forth a number of arguments related to personal jurisdiction, standing, and failure to state a claim. In her Memorandum and Order dated November 22, 2016 available at https://is.gd/n5YBNL from Leagle.com, Judge Rosenstengel found that McBride failed to support its prediction regarding the amount in controversy with any evidence or plausible explanation. Therefore, subject matter jurisdiction is lacking, and this case must be remanded. Additionally, Plaintiffs tacked on to the end of the motion to remand a request for costs and fees incurred as a result of the removal pursuant to 28 U.S.C. Section 1447(c). This cursory request is denied because it is unsupported by sufficient argument or documentation. Jennifer Bohnenstiehl, et al. are represented by: Thomas G. Maag, Esq. MAAG LAW FIRM, LLC 22 W Lorena Ave, Wood River, IL 62095 Tel: (618)216-5291 -- and -- Shari L. Murphy, Esq. LAW OFFICE OF SHARI L. MURPHY 22 W Lorena Ave, Wood River, IL 62095 Tel: (618)251-0657 McBride, Lock & Associates, LLC is represented by Matthew A. Jacober, Esq. -- mjacober@lathropgage.com -- and -- Emily E. Cantwell, Esq. -- ecantwell@lathropgage.com -- LATHROP & GAGE LLP MCKEE FOODS: Martin's Bid to Certify Class Taken Under Submission ----------------------------------------------------------------- A civil minutes is entered in the lawsuit titled BRIAN MARTIN v. McKEE FOODS CORPORATION, ET AL., Case No. 8:15-cv-00732-AG-JCG (C.D. Cal.), with respect to issues presented before the Hon. Andrew J. Guilford. The Civil Minutes states that these matters were argued and taken under submission: 1. Defendant McKee Foods Corporation's motion to deny class certification of Plaintiffs' misclassification claims; 2. Defendant McKee Foods Corporation's motion to deny class certification of Plaintiffs' specific causes of action and representative status; 3. Plaintiff's motion for class certification; and 4. Defendant's motion for judgment on the pleadings with respect to Plaintiffs' eighth claim for civil penalties under page. A copy of the Civil Minutes is available at no charge at http://d.classactionreporternewsletter.com/u?f=Xl8uiHhc MDL 2437: Court Limits Discovery to Prove Damage Claims ------------------------------------------------------- In the case, IN RE: DOMESTIC DRYWALL ANTITRUST LITIGATION, Civil Action No. 15-cv-1712, Civil Action No. 15-cv-1712, MDL No. 13- 2437 (E.D. Pa.), District Judge Michael M. Baylson limits the Plaintiffs' request for discovery to two years of post-conspiracy transactional data of the Defendant, that is that relevant on proving their damage claims. The immediate issue of the case is, to what extent the Plaintiffs are entitled to documents from Defendants dealing with damages that were allegedly incurred after the close of the conspiracy period identified as the calendar years 2012-2013. In the case, all Defendants and the Homebuilder Plaintiffs, all of whom maintain their own damage claims against the drywall manufacturers who were also sued in the parallel class action cases. The Court notes that the Defendants assert they have already produced the needed information, but a certification to such effect should be provided to the Plaintiffs by each Defendant. As to the remaining discovery requests of the Plaintiffs, the Court will finalize its view that the Plaintiffs' pending requests are far too broad. Moreover, the Court would like to see the discovery in the case come to a reasonably prompt conclusion and will require a meet and confer to take place over the next 14 days, following which counsel should file a report and further motion, if necessary. A copy of the Court's Memorandum dated December 2, 2016 is available at https://goo.gl/sOerqV from Leagle.com. MDL 2672: Completion of Document Production Moved to March 2017 --------------------------------------------------------------- In the case, IN RE: VOLKSWAGEN "CLEAN DIESEL" MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION, MDL No. 2672 CRB (JSC), (N.D. Cal.), District Judge Charles R. Breyer granted the parties' stipulation to extend the deadline for the production of non-privileged, responsive documents to March 3, 2017. The parties believe that an extension of time to substantially complete production of non-privileged, responsive documents is necessary to, among other things, allow the parties time to continue discussing resolution of certain claims in the class action. A copy of the Court's Order dated December 2, 2016 is available at https://goo.gl/1eeyFe from Leagle.com. Danijela Bjelic, et al., Plaintiffs, represented by Damien J. Marshall -- dmarshall@bsfllp.com -- Boies, Schiller and Flexner LLP, pro hac vice, David Boies -- dboies@bsfllp.com -- Boies Schiller and Flexner, pro hac vice, E. Powell Miller -- epm@miller.law -- The Miller Law Firm, P.C., Mark Dearman -- mdearman@rgrdlaw.com -- Robbins Geller Rudman and Dowd LLP, pro hac vice, Paul J. Geller -- PGeller@rgrdlaw.com -- Robbins Geller Rudman and Dowd LLP, pro hac vice, Scott E. Gant -- sgant@bsfllp.com -- Boies, Schiller & Flexner LLP, pro hac vice, Sharon S. Almonrode, Stephen N. Zack, Boies, Schiller & Flexner, LLP, pro hac vice & Stuart Andrew Davidson -- SDavidson@rgrdlaw.com -- Robbins Geller Rudman & Dowd LLP. Tyler Bliss, et al., Plaintiffs, represented by Daniel E. Gustafson -- dgustafson@gustafsongluek.com -- Gustafson Gluek PLLC, pro hac vice, Daniel C. Hedlund -- dhedlund@gustafsongluek.com -- Gustafson Gluek PLLC, E. Powell Miller, The Miller Law Firm, P.C. & Sharon S. Almonrode. Audi of America LLC, Defendant, represented by Matthew H. Marmolejo -- marmolejo@mayerbrown.com -- Mayer Brown LLP, Andrew G. Schultz -- aschultz@rodey.com -- RODEY, DICKASON, SLOAN, AKIN & ROBB, P. A., C. Vernon Hartline, Jr. -- vhartline@hdbdlaw.com -- Hartline Dacus Barger Dreyer LLP, pro hac vice, Cheryl A. Bush -- bush@bsplaw.com -- Bush, Seyferth & Paige, PLLC, David M.J. Rein - - reind@sullcrom.com -- Sullivan & Cromwell LLP, Laura Kabler Oswell -- oswelll@sullcrom.com -- Sullivan & Cromwell LLP, Michael R. Williams, Bush Seyferth & Paige PLLC, Ritchie E. Berger, Esq., Dinse, Knapp & McAndrew, P.C., Sharon L. Nelles -- nelless@sullcrom.com -- Sullivan & Cromwell LLP, W. Scott O'Connell -- soconnell@nixonpeabody.com -- Nixon Peabody LLP, pro hac vice & William B. Monahan -- monahanw@sullcrom.com -- Sullivan and Cromwell LLP. Volkswagen Group of America, et al., Defendants, represented by P. Arley Harrel -- aharrel@williamskastner.com -- Williams Kastner & Gibbs, PLLC, Gerard Cedrone -- gcedrone@lavin-law.com -- Lavin, O'Neil Ricci Cedrone & DiSipio, Kenneth Abrams -- kabrams@mcguirewoods.com -- McGuire Woods LLP, Laura Kabler Oswell -- oswelll@sullcrom.com -- Sullivan & Cromwell LLP & William B. Monahan -- monahanw@sullcrom.com -- Sullivan and Cromwell LLP. DR. ING. h.c.F. Porsche AG, et al., Defendants, represented by Adam G. Sowatzka -- asowatzka@kslaw.com -- King & Spalding LLP, Alexander K. Haas -- ahaas@kslaw.com -- King & Spalding LLP, David M. Fine -- dfine@kslaw.com -- King, Spaulding Law Firm, G. Stewart Webb, Jr. -- gswebb@Venable.com -- Venable LLP, J. W. Codinha, Nixon Peabody, LLP, James K. Vines -- jvines@kslaw.com -- King & Spalding, John Thomas Prisbe -- jtprisbe@Venable.com -- Venable LLP, Joseph Eisert -- jeisert@kslaw.com -- King & Spalding LLP, Kenneth Yeatts Turnbull -- kturnbull@kslaw.com -- King & Spalding LLP, Matthew A. Goldberg -- matthew.goldberg@dlapiper.com -- DLA Piper LLP, pro hac vice, Matthew A. Holian -- matt.holian@dlapiper.com -- DLA Piper LLP, Nathan P. Heller -- nathan.heller@dlapiper.com -- DLA Piper LLP, W. Scott O'Connell, Nixon Peabody LLP, pro hac vice & William F. Kiniry, Jr. -- william.kiniry@dlapiper.com -- DLA Piper LLP, pro hac vice. MEDTRONIC INC: "Emberson" Suit Moved from Cir. Ct. to W.D. Ken. --------------------------------------------------------------- The class action lawsuit titled Adam Emberson and Kristin Emberson, On Behalf of Themselves and All Others Similarly Situated, the Plaintiff, v. Medtronic, Inc.; Steris Corporation; Sterigenics International, LLC; UPS Supply Chain Solutions, Inc.; and Unknown Defendants, the Defendants, Case No. 16-CI-05594, was removed from the Jefferson Circuit Court, to the U.S. District Court for the Western District of Kentucky (Louisville). The District Court Clerk assigned Case No. 3:16-cv-00805-TBR to the proceeding. The case is assigned to Hon. Senior Judge Thomas B. Russell. Medtronic is a medical device company headquartered in Dublin, Ireland. Their operational headquarters is in Fridley, Minnesota. Medtronic is the world's largest standalone medical technology development company. Adam Emberson is represented by: A. Neal Herrington, Esq. HARGADON LENIHAN & HERRINGTON, PLLC 713 W. Main Street Louisville, KY 40202 Telephone: (502) 583 9701 Facsimile: (502) 589 1144 E-mail: herrington@hlhinjury.com - and - Christopher H. Morris, Esq. AGUIAR INJURY LAWYERS, PLLC 1201 Story Ave., Suite 301 Louisville, KY 40206 Telephone: (502) 583 9701 Facsimile: (502) 589 1144 E-mail: morris@hlhinjury.com Kristin Emberson is represented by: Charles Edward Fell, Jr., Esq. CUNNINGHAM AND FELL 6010 Brownsboro Park Blvd., Suite G Louisville, KY 40207 Telephone: (502) 893 8994 Facsimile: (502) 893 8913 E-mail: c.fell@charlesfell.lawyer Medtronic, Inc. is represented by: Carol D. Browning, Esq. Chadwick A. McTighe, Esq. Timothy D. Thompson, Esq. STITES & HARBISON, PLLC - LOUISVILLE 400 W. Market Street, Suite 1800 Louisville, KY 40202-3352 Telephone: (502) 681 0516 Facsimile: (502) 779 8232 E-mail: cbrowning@stites.com cmctighe@stites.com tthompson@stites.com Steris Corporation is represented by: Judd R. Uhl, Esq. LEWIS BRISBOIS BISGAARD & SMITH, LLP - FT. WRIGHT 909 Wright's Summit Parkway, Suite 230 Ft. Wright, KY 41011 Telephone: (859) 663 9830 Facsimile: (859) 663 9829 E-mail: Judd.Uhl@lewisbrisbois.com Sterigenics International, LLC is represented by: Brett Godfrey, Esq. GODFREY JOHNSON P.C. 9557 S. Kingston Ct. Englewood, CO 80110 Telephone: (303) 228 0700 - and - John William Walters, Esq. Neal S. Krokosky, Esq. WALTERS MEADOWS RICHARDSON, PLLC - LEXINGTON 771 Corporate Drive, Suite 900 Lexington, KY 40503 Telephone: (859) 219 9090 Facsimile: (859) 219 9292 E-mail: john@WMRDefense.com neal@wmrdefense.com MIDLAND CREDIT: "Keenan" Class Suit Removed to E.D. Penn. --------------------------------------------------------- The class action lawsuit styled Andrea Keenan and all others similarly situated v. Midland Credit Management and Midland Funding, LLC, Case No. 000632, was removed from the Court of Common Pleas Philadelphia to the U.S. District Court for the Eastern District of Pennsylvania (Philadelphia). The District Court Clerk assigned Case No. 2:16-cv-06428-GEKP to the proceeding. The case alleges violation of the Fair Debt Collection Act. The Defendants operate a third-party asset recovery company in Philadelphia. The Plaintiff is represented by: Cary L. Flitter, Esq. FLITTER MILZ, P.C. 450 N. Narberth ave., suite 101 Narberth, PA 19072 Telephone: (610) 822-0782 Facsimile: (610) 667-0552 E-mail: cflitter@consumerslaw.com The Defendant is represented by: Michael E. Fitzgerald, Esq. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN PC 2000 Market St Suite 2300 Philadelphia, PA 19103 Telephone: (215) 575-3567 E-mail: mefitzgerald@mdwcg.com MOCHIKA PERUVIAN: "Caballero" Suit Seeks Overtime Pay ----------------------------------------------------- Wilmer G. Caballero and all others similarly situated, Plaintiffs, v. Mochika Peruvian Cuisine International Restaurants Inc., Hector Fabio Alonso, Defendants, Case No. 0:16-cv-62938, (S.D. Fla., December 13, 2016), seeks damages and reasonable attorney fees, jointly and severally, pursuant to the Fair Labor Standards Act for all overtime wages still owing. Mochika Peruvian Cuisine International Restaurants operates as Mochika Peru Bistro, owned by Hector Fabio Alonso. Plaintiff worked for Defendants as a cook from November 20, 2015, through December 5, 2016. He worked an average of 59 hours a week for Defendants and was paid an average of $12.71 per hour but was never paid the extra half time rate for any hours worked over 40 hours in a week. Plaintiff is represented by: J.H. Zidell, Esq. J.H. ZIDELL, P.A. 300 71st Street, Suite 605 Miami Beach, FL 33141 Tel: (305) 865-6766 Fax: (305) 865-7167 Email: zabogado@aol.com NAN XIANG: "Chen" Suit to Recover Overtime Wages ------------------------------------------------ Chen Kuan Chen, individually and on behalf all other employees similarly situated, Plaintiff, v. Nan Xiang Xiao Long Bao Restaurant Inc. d/b/a Nan Xiang Xiao Long Bao, Nan Shian Dumpling House Inc. d/b/a Nan Xiang Xiao Long Bao, Nan Xiang USA Inc. d/b/a Nan Xiang Xiao Long Bao, Tai Viem Ma, John Doe and Jane Does 1-10, Defendants, Case No. 1:16-cv-06899, (E.D. N.Y., December 13, 2016), seeks to recover unpaid minimum wages, unpaid overtime wages, liquidated damages, prejudgment and post-judgment interest and attorneys' fees and costs pursuant to the Fair Labor Standards Act and New York Labor Laws as well as unpaid spread of hours premium and compensation for failure to provide wage notice at the time of hiring and failure to provide paystubs in violation of New York Labor Laws. Nan Xiang Xiao Long Bao Restaurant Inc., Nan Xiang USA Inc. and Nan Shian Dumpling House Inc. operate Chinese restaurants at 38-12 Prince St, Flushing, NY 11354 where Chen was employed as a waiter. Plaintiff is represented by: Jian Hang, Esq. HANG & ASSOCIATES, PLLC 136-18 39th Avenue, Suite 1003 Flushing, NY 11354 Tel: (718) 353-8588 Email: jhang@hanglaw.com NATIONSTAR MORTGAGE: Faces Royal Park Suit in N.D. of Texas ----------------------------------------------------------- A class action lawsuit has been filed against Nationstar Mortgage LLC. The case is titled as Royal Park Investments SA/NV Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. Nationstar Mortgage LLC, the Defendant, v. Case No. 3:16-mc-00122-L (N.D. Tex., Dec. 16, 2016). The case is assigned to Hon. Judge Sam A Lindsay. Royal Park is a special purpose investment company responsible for the front-to-end management of a structured credits portfolio in "run-off". The Plaintiff is represented by: Jamie Jean McKey, Esq. Joe Kendall, Esq. KENDALL LAW GROUP PLLC 3232 McKinney Avenue, Suite 700 Dallas, TX 75204 Telephone: (214) 744 3000 Facsimile: (214) 744 3015 E-mail: jmckey@kendalllawgroup.com jkendall@kendalllawgroup.com - and - Arthur C Leahy, Esq. SULLIVAN HILL LEWIN & MARKHAM 550 West C Street, Suite 1500 San Diego, CA 92101-3540 Telephone: (619) 233 4100 - and - Christopher Martin Wood, Esq. Darryl J Alvarado, Esq. Lucas F Olts, Esq. Samuel H Rudman, Esq. Robbins Geller Rudman & Dowd LLP 414 Union Street, Suite 900 Nashville, TN 37219 Telephone: (615) 244 2203 Facsimile: (615) 252 3798 E-mail: DAlvarado@rgrdlaw.com lolts@rgrdlaw.com srudman@rgrdlaw.com NATIONSTAR MORTGAGE: Ninth Circuit Appeal Filed in "Davis" Suit --------------------------------------------------------------- Will Davis filed an appeal from a court ruling in the lawsuit styled Will Davis v. NationStar Mortgage, LLC, Case No. 3:15-cv- 02920-RS, in the U.S. District Court for Northern California, San Francisco. As previously reported in the Class Action Reporter, the Hon. Richard Seeborg denied certification of FCRA Class, CCRA Class and FCRA Dispute Subclass. The Court said, "Davis insists this action -- where a relatively large number of consumers have suffered alleged injuries that may be too small to pursue individually -- is exactly the type of case for which class treatment is both appropriate and crucial. The fatal flaw in Davis's position, however, is that the FCRA -- which once permitted no private right of action -- only provides for a private right of action in limited circumstances, and those circumstances include elements not suited for class-wide treatment." The appellate case is captioned as Will Davis v. NationStar Mortgage, LLC, Case No. 16-17222, in the United States Court of Appeals for the Ninth Circuit. The briefing schedule in the Appellate Case is set as follows: -- Transcript must be ordered by January 3, 2017; -- Transcript is due on January 31, 2017; -- Appellant Will Davis' opening brief is due on March 13, 2017; -- Appellee NationStar Mortgage, LLC's answering brief is due on April 11, 2017; and -- Appellant's optional reply brief is due 14 days after service of the answering brief. Plaintiff-Appellant WILL DAVIS, Individually and on behalf of all others similarly situated, is represented by: Todd M. Friedman, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 324 South Beverly Drive, Suite 725 Beverly Hills, CA 90212 Telephone: (877) 206-4741 Facsimile: (866) 633-0228 E-mail: tfriedman@AttorneysForConsumers.com Defendant-Appellee NATIONSTAR MORTGAGE, LLC, is represented by: Erik W. Kemp, Esq. John B. Sullivan, Esq. SEVERSON & WERSON APC One Embarcadero Center San Francisco, CA 94111 Telephone: (415) 398-3344 Facsimile: (415) 956-0439 E-mail: ek@severson.com jbs@severson.com NEW YORK COMMUNITY: Faces "Crawford" Suit in Fla. Cir. Ct. ---------------------------------------------------------- A class action lawsuit has been filed against New York Community Bancorp Inc. The case is titled as CRAWFORD, EVELYN AKA: AS COLLECTIVE ACTION REPRESENTATIVE ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, the PLAINTIFF/PETITIONER, v. NEW YORK COMMUNITY BANCORP INC., 615 MERRICK AVENUE, WESTBURY, NY 11590; NEW YORK COMMUNITY BANK, 615 MERRICK AVENUE, WESTBURY, NY 11590; and NEW YORK COMMERCIAL BANK, 615 MERRICK AVENUE, WESTBURY, NY 11590, the DEFENDANT/RESPONDENTS, Case No. 502016CA013938XXXXMB (Fla. Cir. Ct., Dec. 15, 2016). New York Community Bancorp is one of the 25 largest bank holding companies in the nation, with assets of $49.5 billion and a market cap of $7.0 billion at September 30, 2016. It also ranks among the largest depositories in the United States. NORTHROP GRUMMAN: Marshall Seeks to Cert. Plan Participants Class ----------------------------------------------------------------- The Plaintiffs move to certify the case captioned CLIFTON W. MARSHALL, et al. v. NORTHROP GRUMMAN CORPORATION, et al., Case No. 2:16-cv-06794-AB-JC (C.D. Cal.), as a class action. The Plaintiffs, in their role as participants in the Plans, seek certification of this class: All persons, excluding defendants and/or other individuals who are liable for the conduct described in the complaint, who are, or since May 11, 2009 were, participants or beneficiaries of the Northrop Grumman Savings Plan are were affected by the conduct set forth in this Complaint, as well as those who will become participants or beneficiaries Northrop Grumman Savings Plan. Clifton W. Marshall, Thomas W. Hall, Maria E. Midkiff, Manuel A. Gonzalez, Ricky L. Hendrickson, Phillip B. Brooks, and Harold Hylton -- the Plaintiffs -- are participants in the Northrop Grumman Savings Plan, a 401(k) plan under the Employee Retirement Income Security Act of 1974. The Defendants are fiduciaries of the Plan, who allegedly owe to the Plan and all participants a broad range of fiduciary duties. The Plaintiffs allege that the Defendants breached those duties by causing the Plan to pay unreasonable and excessive fees and expenses to Plan service providers and by otherwise acting imprudently in various ways including with respect to Plan investment options. The Plaintiffs also seek appointment of Jerome J. Schlichter, Esq., Michael A. Wolff, Esq., Sean E. Soyars, Esq., Stephen M. Hoeplinger, Esq., and Ethan D. Hatch, Esq., of the law firm Schlichter, Bogard & Denton, LLP as lead counsel for the class. The Court will commence a hearing on January 9, 2017, at 10:00 a.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=9WGL3hca The Plaintiffs are represented by: Jerome J. Schlichter, Esq. Michael A. Wolff, Esq. Sean E. Soyars, Esq. Stephen M. Hoeplinger, Esq. Ethan D. Hatch, Esq. SCHLICHTER, BOGARD & DENTON LLP 100 South Fourth Street, Suite 1200 St. Louis, MO 63102 Telephone: (314) 621-6115 Facsimile: (314) 621-5934 E-mail: jschlichter@uselaws.com mwolff@uselaws.com ssoyars@uselaws.com shoeplinger@uselaws.com ehatch@uselaws.com - and - William A. White, Esq. HILL, FARRER & BURRILL LLP One California Plaza, 37th Floor 300 South Grand Avenue Los Angeles, CA 90071-3147 Telephone: (213) 620-0460 Facsimile: (213) 620-4840 E-mail: wwhite@hillfarrer.com OPINION ACCESS: "Charles" Suit to Recover Overtime, Minimum Pay --------------------------------------------------------------- Preston Charles and Carlos E. Pabon, on behalf of themselves and on behalf of all similarly-situated individuals, Plaintiffs, v. Opinion Access Corp. and Jimmy R. Hoffman, in his professional and personal capacities, Defendants, Case No. 1:16-cv-06868, (E.D. N.Y., December 13, 2016), seeks to recover minimum and overtime wages, straight-time wages pursuant to the Fair Labor Standards Act and the New York Labor Law. The suit further seeks damages and penalties resulting from failure to provide accurate wage statements pursuant to New York Labor Laws. Opinion Access Corp. is a marketing research and quantitative data collection service with principal place of business at 47-10 32nd Place, Long Island City, New York, where Charles and Pabon has been employed by the Defendants from October 2010 through the present as Ad-Hoc Interviewers. They routinely work more than 40 hours a week, up to 50 hours a week without overtime pay. Plaintiff is represented by: Douglas H. Wigdor, Esq. Tanvir H. Rahman, Esq. WIGDOR LLP 85 Fifth Avenue New York, NY 10003 Telephone: (212) 257-6800 Facsimile: (212) 257-6845 Email: dwigdor@wigdorlaw.com trahman@wigdorlaw.com PELLA CORP: "Tracy" Lawsuit Over Window Series Sent to MDL ---------------------------------------------------------- The case captioned Christopher Tracy, on behalf of himself and on behalf of all others similarly situated, Plaintiff, v. PELLA CORPORATION, an Iowa Corporation, Defendant (Case No. 2:16-cv- 03906-DCN) was transferred from the U.S. District Court for the Middle District of Florida to the U.S. District Court for the Southern District of Carolina (Multidistrict Litigation Number 2514 (GJS)). The case was brought on behalf of the Plaintiff and other consumers who own structures containing defective Pella Architect series windows. It alleges that Pella's acts and omissions in connection with its design, manufacture, warrant, sale and delivery of the windows constitute fraud, negligence, breach of implied warranty, breach of express warranty and unjust enrichment. The Plaintiff is represented by: Panagiotis "Pete" V. Albanis, Esq. MORGAN & MORGAN - COMPLEX LITIGATION GROUP 12800 University Drive, Suite 600 Fort Myers, FL 33907 Phone: (239) 432-6605 Fax: (239) 433-6836 Email: palbanis@forthepeople.com - and - Frank M. Petosa, Esq. MORGAN & MORGAN - COMPLEX LITIGATION GROUP 600 North Pine Island Road, Suite 400 Plantation, FL 33324 Phone: (954) 318-0268 Fax: (954) 327-3018 Email: fpetosa@forthepeople.com PINE MANAGEMENT: Faces "Vasquez" Suit in S.D.N.Y. ------------------------------------------------- A class action lawsuit has been filed against Pine Management, Inc. The case is captioned as Damian Vasquez on behalf himself, individually, and on behalf of all others similarly-situated, the Plaintiff, v. Pine Management, Inc., Tom Rohlman, Daniel Rohlman, and Jason Rohlman, the Defendants, Case No. 1:16-cv-09714 (S.D.N.Y., Dec. 16, 2016). Pine Management is a family-owned and operated real estate firm focused on acquiring, developing, and managing rental apartment buildings in New York. The Plaintiff appears pro se. PIVOTAL PAYMENTS: Has Made Unsolicited Calls, "Newsom" Suit Says ---------------------------------------------------------------- Keisha Newsom, individually and on behalf of others similarly situated v. Pivotal Payments, Inc. d/b/a Capital Processing Network, Case No. 3:16-cv-03023-MMA-NLS (S.D. Cal., December 14, 2016), seeks to stop the Defendants' practice of using an artificial and prerecorded voice to deliver a message without prior express consent of the called party. Pivotal Payments, Inc. provides merchant services and payment processing solutions to clients in various industries worldwide. The Plaintiff is represented by: Joshua Swigart, Esq. HYDE & SWIGART 2221 Camino Del Rio South, Suite 101 San Diego, CA 92108 Telephone: (619) 233-7770 Facsimile: (619) 297-1022 E-mail: josh@westcoastlitigation.com Q CLUB HOTEL: Ct. Certifies Residential Unit Owners Class --------------------------------------------------------- The Hon. James I. Cohn granted the Plaintiff's motion for class certification in the lawsuit titled GARY DEAR, as Class Representative of those similarly situated v. Q CLUB HOTEL, LLC, Case No. 0:15-cv-60474-JIC (S.D. Fla.). The Court certifies this class: Residential Unit Owners who, during the five-year period preceding the filing of this action (the "Class Period"), paid Q Club or persons acting on its behalf costs, expenses and charges which were billed as a Residential Unit Owner's allocated share of Shared Costs identified in Exhibit 7 to the Declaration. The action involves a dispute among owners of a beachfront hotel and condominium units located in Fort Lauderdale, Florida. Defendant Q Club Hotel, LLC owns and manages the Hotel Unit in the Q Club Resort and Residences Condominium. In that capacity, Q Club markets, manages, and operates a hotel at the Condominium as the "Hilton Fort Lauderdale Beach Resort." Plaintiff Gary Dear and the putative Class Members are owners of one or more of the 333 "Residential Units" in the Condominium. The Court appointed Gary Dear as class representative. Steven R. Jaffe, Esq., Mark S. Fistos, Esq., and Matthew Weissing, Esq., of Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L., are appointed as class counsel. To the extent that the Plaintiff's Motion seeks to shift the costs of notice to the Defendant, that request is denied with leave to renew at the conclusion of this litigation, Judge Cohn said. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=uRlZliOr RETRIEVAL-MASTERS CREDITORS: Faces "Healy" Suit in E.D.N.Y. ----------------------------------------------------------- A class action lawsuit has been filed against Retrieval-Masters Creditors Bureau, Inc. The case is captioned as Raymond Healy, Individually and on behalf of all others similarly situated, the Plaintiff, v. Retrieval-Masters Creditors Bureau, Inc., doing business as: American Medical Collection Agency, the Defendant, Case No. 2:16-cv-06921 (E.D.N.Y., Dec. 15, 2016). Retrieval Masters Creditors Bureau is a collection agency located in Elmsford. The Plaintiff appears pro se. RHODE ISLAND: Gemmell Wants to Certify Class of Residents --------------------------------------------------------- The Plaintiffs in the lawsuit styled HELEN GEMMELL, and MEA MARTINEZ, individually and on behalf of all others similarly situated v. MELBA DEPENA AFFIGNE, in her official capacity as Director of the Rhode Island Department of Human Services, Case No. 1:16-cv-00650 (D.R.I.), move the Court for an order certifying a class consisting of these members: All Rhode Island residents who since January 1, 2016 have applied, are applying, or will apply for SNAP benefits through an initial application. In a memorandum of law in support of their motion for class certification, the Plaintiffs contend that they brought the lawsuit on behalf of themselves and a proposed class of similarly situated low-income Rhode Island residents. They challenge the Defendants' alleged failure to timely process new Supplemental Nutrition Assistance Program ("SNAP") applications. The Plaintiffs assert that these violations have resulted in extreme hardship for many of Rhode Island's most vulnerable residents, many of whom rely on SNAP as their chief source of assistance to purchase food. A copy of the Memorandum is available at no charge at http://d.classactionreporternewsletter.com/u?f=NEWaglxP The Plaintiffs are represented by: Lynette Labinger, Esq. RONEY & LABINGER LLP 344 Wickenden St. Providence, RI 02903 Telephone: (401) 421-9794 Facsimile: (401) 421-0132 E-mail: Labinger@roney-labinger.com - and - Greg Bass, Esq. Petra T. Tasheff, Esq. Francisca D. Fajana, Esq. AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF RHODE ISLAND, NATIONAL CENTER FOR LAW AND ECONOMIC JUSTICE 275 7th Avenue, Suite 1506 New York, NY 10001 Telephone: (212) 633-6967 Facsimile: (212) 633-6371 E-mail: bass@nclej.org Tasheff@nclej.org SABOR LATIN: "Cardenas" Class Suit Removed to S.D. Fla. ------------------------------------------------------- The class action lawsuit captioned Carolina Cardenas and other similarly situated non-exempt cooks v. Rafael Ramirez, Sabor Latin Restaurant and Cafe, LLC, Elizabeth Nieto, Case No. 16-030270-CA- 01, was removed from the 11th Judicial Circuit of Florida to the U.S. District Court for the Southern District of Florida (Miami). The District Court Clerk assigned Case No. 1:16-cv-25180-RNS to the proceeding. The case asserts labor-related claims. The Defendants own and operate a restaurant in North Bay Village, Florida. The Plaintiff is represented by: Jason Saul Remer, Esq. REMER & GEORGES-PIERRE, PLLC Court House Tower 44 West Flagler Street, Suite 2200 Miami, FL 33130 Telephone: (305) 416-5000 Facsimile: (305) 416-5005 E-mail: jremer@rgpattorneys.com The Defendant is represented by: Anthony Vincent Falzon, Esq. SIMON, SCHINDLER & SANDBERG LLP 2650 Biscayne Blvd Miami, FL 33137 Telephone: (305) 576-1300 Facsimile: (305) 576-1331 E-mail: afalzon@miami-law.net SOCIAL SECURITY: Rose, Collins Appeal Ruling in "Robertson" Suit ---------------------------------------------------------------- Plaintiffs Jenny Rose and Kathy Collins filed an appeal from a court ruling in the lawsuit entitled KEVIN ROBERTSON, JENNY ROSE, and KATHY COLLINS, individually and on behalf of all others similarly situated, Plaintiffs, v. CAROLYN W. COLVIN, in her official Capacity as Acting Commissioner of the Social Security Administration, Case No. 3:16-cv-02113 (S.D.W. Va.). As previously reported in the Class Action Reporter, the Hon. Chief Judge Robert C. Chambers entered an order denying as moot the Plaintiffs' motion for class certification, pursuant to the Court's simultaneously filed order granting dismissal in the case in favor of the Defendant. The appellate case is captioned as Jenny Rose v. Carolyn Colvin, Case No. 16-2377, in the United States Court of Appeals for the Fourth Circuit. Plaintiffs-Appellants JENNY ROSE and KATHY COLLINS, individually and on behalf of all others similarly situated, are represented by: John Osborne Goss, Esq. GOSS, MEIER & FENTRESS 735 North Newtown Road Norfolk, VA 23502 Telephone: (757) 466-1095 Facsimile: (757) 461-4670 E-mail: johngoss@gossandfentress.com - and - Ned Pillersdorf, Esq. PILLERSDORF, DEROSSETT & BARRETT 8 South 1st Avenue Prestonsburg, KY 41653-0000 Telephone: (606) 886-6090 Facsimile: (606) 886-6148 E-mail: pillersn@gmail.com - and - Bren Joseph Pomponio, Esq. MOUNTAIN STATE JUSTICE INC. 1031 Quarrier Street Charleston, WV 25301-0000 Telephone: (304) 344-3144 Facsimile: (304) 344-3145 E-mail: bren@msjlaw.org Defendant-Appellee CAROLYN W. COLVIN, in her official capacity as Acting Commissioner of the Social Security Administration, is represented by: Marsha S. Edney, Esq. U. S. DEPARTMENT OF JUSTICE 901 E Street, NW Washington, DC 20530-0000 Telephone: (202) 514-4520 Facsimile: (202) 318-1287 E-mail: marsha.edney@usdoj.gov - and - Eric P. Kressman, Esq. SOCIAL SECURITY ADMINISTRATION, REGION 3 P. O. Box 41777 Philadelphia, PA 19101-0000 Telephone: (215) 597-1847 Facsimile: (215) 597-3300 E-mail: ogc.phil.sdwv@ssa.gov - and - Matthew Charles Lindsay, Esq. OFFICE OF THE UNITED STATES ATTORNEY SOUTHERN DISTRICT OF WEST VIRGINIA 300 Virginia Street East P. O. Box 1713 Charleston, WV 25326-1713 Telephone: (304) 345-2200 Facsimile: (304) 347-5443 E-mail: Matthew.Lindsay@usdoj.gov SOLOMON VIGH: Accused of Wrongful Conduct Over Debt Collection -------------------------------------------------------------- Salvatore Sofia, on behalf of himself and all others similarly situated v. Solomon, Vigh, P.A., and Marvin Solomon, Case No. 2:16-cv-14562-RLR (S.D. Fla., December 14, 2016), seeks to stop the Defendant's unfair and unconscionable means to collect a debt. The Defendants own and operate a law firm located at 1702 N Florida Ave, Tampa, FL 33602. The Plaintiff is represented by: Sovathary K. Jacobson, Esq. Leo Wassner Desmond, Esq. DESMOND LAW FIRM, P.C. 5070 A1A Suite D Vero Beach, FL 34963 Telephone: (772) 231-9600 Facsimile: (772) 231-0300 E-mail: jacobson@verobeachlegal.com lwd@verobeachlegal.com SPOTIFY USA: Seeks 9th Circuit Review of Ruling in "Ingalls" Suit ----------------------------------------------------------------- Spotify USA Inc. filed an appeal from a court ruling in the lawsuit titled Gregory Ingalls, et al. v. Spotify USA Inc., Case No. 3:16-cv-03533-WHA, in the U.S. District Court for the Northern District of California, San Francisco. As previously reported in the Class Action Reporter, the Plaintiffs seek declaratory relief, injunctive relief, equitable relief, damages, and reasonable attorneys' fees and costs under the Automatic Purchase Renewal Law and California's Unfair Competition Law to address Defendant's alleged unlawful, unfair, and fraudulent practices with respect to paid subscription Premium Subscription Service. Spotify is an international commercial music streaming service with more than 75 million active users worldwide. The appellate case is captioned as Gregory Ingalls, et al. v. Spotify USA Inc., Case No. 16-17238, in the United States Court of Appeals for the Ninth Circuit. The briefing schedule in the Appellate Case is set as follows: -- Transcript must be ordered by January 5, 2017; -- Transcript is due on February 6, 2017; -- Appellant Spotify USA Inc.'s opening brief is due on March 16, 2017; -- Appellees Tony Hong and Gregory Ingalls' answering brief is due on April 17, 2017; and -- Appellant's optional reply brief is due 14 days after service of the answering brief. Plaintiffs-Appellees GREGORY INGALLS and TONY HONG, individually and on behalf of all others similarly situated, are represented by: Gillian Leigh Wade, Esq. MILSTEIN ADELMAN JACKSON FAIRCHILD & WADE, LLP 10250 Constellation Boulevard, 14th Floor Los Angeles, CA 90067 Telephone: (310) 396-9600 Facsimile: (310) 396-9635 E-mail: gwade@majfw.com Defendant-Appellant SPOTIFY USA INC., a Delaware corporation, is represented by: Joseph E. Addiego, III, Esq. DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street San Francisco, CA 94111 Telephone: (415) 276-6500 E-mail: joeaddiego@dwt.com - and - Scott R. Commerson, Esq. DAVIS WRIGHT TREMAINE LLP 865 S. Figueroa Street Los Angeles, CA 90017-2566 Telephone: (213) 633-6800 E-mail: scottcommerson@dwt.com - and - Stephen M. Rummage, Esq. DAVIS WRIGHT TREMAINE LLP 1201 Third Avenue Seattle, WA 98101-3045 Telephone: (206) 757-8136 E-mail: steverummage@dwt.com SUDS PIZZA: Settlement in "Cunningham" Has Initial Approval ----------------------------------------------------------- In the case, ADAM CUNNINGHAM, ALEX CHEFALO, and REMO PAGLIA, et al., Plaintiffs, v. SUDS PIZZA, INC., MARK'S PIZZERIA, INC., and MARK S. CRANE, Defendants, No. 15-cv-6462 (W.D. N.Y.), Magistrate Judge Jonathan W. Feldman granted preliminarily the parties' joint stipulation of settlement and release. The Court will hold a Settlement Hearing on March 17, 2017, to determine whether the proposed Settlement Agreement, including the proposed plan of allocation, is fair, reasonable, and adequate and should be granted final approval. The Court further ordered the class counsel to file moving papers in support of final approval of the Settlement Agreement no later than February 28, 2017. The deadline to make a motion for attorneys' fees and costs is February 28, 2017. A copy of the Court's Order dated December 2, 2016 is available at https://goo.gl/q9E6s4 from Leagle.com. Alex Chefalo, et al., Plaintiffs, represented by Justin M. Cordello, Cordello Law PLLC & Robert L. Mullin, Ferr and Mullin. Suds Pizza, Inc., Defendant, represented by Kevin Joseph Mulvehill -- kmulvehill@phillipslytle.com -- Phillips Lytle LLP, Linda T. Prestegaard -- lprestegaard@phillipslytle.com -- Phillips Lytle LLP & Joanna Jung-Yao Chen -- jchen@phillipslytle.com -- Phillips Lytle LLP. SURROUND PROTECTION: Faces "Lett" Suit Seeking OT Pay Under FLSA ---------------------------------------------------------------- ERIC LETT, on behalf of himself and others similarly situated, Plaintiff(s), v. SURROUND PROTECTION & INVESTIGATIONS, LLC, and LONNIE FOSTER, Individually, Defendants, Case No. 1:16-cv-04583- ELR (N.D. Ga., December 14, 2016), seeks to recover alleged unpaid overtime compensation, liquidated damages, attorneys' fees and costs, and other relief under the Fair Labor Standards Act. Defendants provide professional security of unarmed and armed security officers for apartment complexes, condominiums, and commercial businesses in retail establishments. The Plaintiff is represented by: Carlos V. Leach, Esq. MORGAN & MORGAN, P.A. 191 Peachtree Street, N.E., Suite 4200 Post Office Box 57007 Atlanta, GA 30343-1007 Phone: (404) 965-8811 Fax: (404) 965-8812 E-mail: CLeach@forthepeople.com TEVA PHARACEUTICALS: Trust Fund Alleges Fluocinonide Price-Fixing ----------------------------------------------------------------- PLUMBERS & PIPEFITTERS LOCAL 178 HEALTH & WELFARE TRUST FUND, on behalf of itself and all others similarly situated, Plaintiff, v. TEVA PHARACEUTICALS USA INC.; TEVA PHARMACEUTICAL INDUSTRIES LTD.; TARO PHARMACEUTICALS USA, INC.; TARO PHARMACEUTICAL INDUSTRIES LTD.; SUN PHARMACEUTICAL INDUSTRIES LTD., FOUGERA PHARMACEUTICALS, INC.; SANDOZ, INC.; NOVARTIS INTERNATIONAL AG; ACTAVIS HOLDCO U.S., INC., Defendants, Case No. 1:16-cv-09659 (S.D.N.Y., December 14, 2016), alleges that Defendants Teva, Taro, Fougera, and Actavis -- the principal manufacturers of generic fluocinonide -- have conspired, combined, and contracted to fix, raise, maintain, and stabilize the prices at which generic fluocinonide would be sold. The Defendants are pharmaceutical companies. The Plaintiff is represented by: Scott A. Martin, Esq. HAUSFELD LLP 33 Whitehall Street 14th Floor, New York, NY 10004 Phone: (646) 357-1100 Fax: (212) 202-4322 Email: smartin@hausfeld.com - and - Michael P. Lehmann, Esq. Bonny E. Sweeney, Esq. Christopher L. Lebsock, Esq. Stephanie Y. Cho, Esq. HAUSFELD LLP 600 Montgomery Street, Suite 3200 San Francisco, CA 94111 Phone: (415) 633-1908 Fax: (415) 358-4980 Email: mlehmann@hausfeld.com Email: bsweeney@hausfeld.com Email: clebsock@hausfeld.com - and - Michael D. Hausfeld, Esq. Sathya S. Gosselin, Esq. Jeannine M. Kenney, Esq. HAUSFELD LLP 1700 K Street NW, Suite 650 Washington, DC 20006 Tel: (202) 540-7200 Fax: (202) 540-7201 Email: mhausfeld@hausfeld.com Email: sgosselin@hausfeld.com Email: jkenney@hausfeld.com - and - Lee Albert, Esq. Gregory B. Linkh, Esq. GLANCY PRONGAY & MURRAY LLP 122 E. 42nd Street, Suite 2920 New York, NY 10168 Phone: (212) 682-5340 Fax: (212) 884-0988 Email: lalbert@glancylaw.com Email: glinkh@glancylaw.com THREE GROUP: "Wing" Suit Alleges Violations of Cal. Labor Code ---------------------------------------------------------------- Michelle Wing, on behalf of herself and all others similarly situated and on behalf of the general public, Plaintiff, v. THREE GROUP, INC., a California corporation, and DOES 1 through 10, inclusive, Defendants, Case No. BC 643883 (Cal. Super., County of Los Angeles, December 14, 2016), seeks penalties and wages for Defendant's alleged violations of the California Labor Code. THREE GROUP, INC. -- http://www.three-group.com/-- is an independent market research company. The Plaintiff is represented by: Kenneth S. Gaines, Esq. Daniel F. Gaines, Esq. Alex P. Katofsky, Esq. Sepideh Ardestani, Esq. GAINES & GAINES, APLC 27200 Agoura Road, Suite 101 Calabasas, CA 91301 Phone: (818) 703-8985 Fax: (818) 703-8984 E-mail: ken@gaineslawfirm.com daniel@gaineslawfirm.com alex@gaineslawfirm.com sepideh@gaineslawfirm.com TRADEWINDS BEVERAGE: "Martin" Suit Alleges False Advertising ------------------------------------------------------------ ANGERLIA MARTIN, on behalf of herself, all others similarly situated, and the general public, Plaintiff, v. TRADEWINDS BEVERAGE COMPANY, Defendant, Case No. 2:16-cv-09249 (C.D. Cal., December 14, 2016), alleges that Tradewinds falsely advertises and markets various iced tea products as "100% natural," containing "100% natural ingredients," or being made "with all natural ingredients," when many flavors contain the artificial coloring, caramel color, which is not a natural ingredient, rendering these statements false. Plaintiff brings this action seeking injunctive and monetary relief on behalf of herself, all other similarly-situated California consumers, and the general public, alleging violations of the California Consumer Legal Remedies Act, Unfair Competition Law, and False Advertising Law as well as Tradewinds' breach of express and implied warranties. TRADEWINDS BEVERAGE COMPANY markets and sells various flavors of sweetened and unsweetened iced teas, in both single bottles, and multi-bottle packs. The Plaintiff is represented by: Jack Fitzgerald, Esq. Trevor M. Flynn, Esq. Melanie Persinger, Esq. THE LAW OFFICE OF JACK FITZGERALD, PC Hillcrest Professional Building 3636 Fourth Avenue, Suite 202 San Diego, CA 92103 Phone: (619) 692-3840 Fax: (619) 362-9555 E-mail: jack@jackfitzgeraldlaw.com trevor@jackfitzgeraldlaw.com melanie@jackfitzgeraldlaw.com UBER TECHNOLOGIES: Conference in "Congdon" Suit Set for Feb. 13 --------------------------------------------------------------- The Hon. Yvonne Gonzalez Rogers granted in part and denied in part the Defendants' motion to compel the Non-Opt-Out Plaintiffs in the lawsuit entitled CHUCH CONGDON, ET AL. v. UBER TECHNOLOGIES, INC., ET AL., Case No. 4:16-cv-02499-YGR (N.D. Cal.), into arbitration and to stay the case as to the Opt-Out Plaintiffs pending the completion of the arbitration proceedings. The Court compels Non-Opt-Out Plaintiffs into arbitration. The Court denies Uber's motion to stay the proceedings as to the Opt- Out Plaintiffs. Judge Rogers denies the Plaintiffs' motion for class certification as moot. The Plaintiffs bring the putative class action complaint against Uber and its wholly owned subsidiaries for alleged breaches of contract related to the charging of certain fees. Relevant to the instant motion, certain Plaintiffs entered into arbitration agreements with Uber. Specifically, plaintiffs Bailey, Congdon, Martinez, Scheinkman, Torres, Webber, Winters, and Zuniga signed agreements and did not opt out of the arbitration provision within said agreements (the "Non-Opt-Out Plaintiffs"). The Court further sets a Case Management Conference for Feb. 13, 2017, at 2:00 p.m. By February 6, 2017, the parties must file a joint case management statement in compliance with the Civil Local Rules of the Northern District of California and the Court's Standing Order in Civil Cases. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=IusFyb7v UNITED CREDIT: Has Until Jan. 6 to Answer "Merkovich" Complaint --------------------------------------------------------------- The Hon. William E. Duffin granted the parties' joint motion for an extension of time to answer the complaint filed in the lawsuit captioned JEFFREY MERKOVICH v. UNITED CREDIT SERVICE, INC., Case No. 2:16-cv-01374-WED (E.D. Wisc.). The Defendant will answer or otherwise respond to the complaint not later than January 6, 2017, Judge Duffin ruled. As for the Plaintiff's "protective" motion for class certification, the motion is terminated for administrative purposes. All briefing regarding this motion is suspended. Briefing will proceed upon the filing of an amended motion for class certification, Judge Duffin added. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=TO4Uo9dT UNITED STATES: Pennington-Thurman Appeals Decision to 8th Circuit ----------------------------------------------------------------- Plaintiff Wilma M. Pennington-Thurman, on behalf of herself and others similarly situated, filed an appeal from an order dated October 27, 2016, and an order dated November 7, 2016, relating to the lawsuit titled Wilma Pennington-Thurman v. United States, et al., Case No. 4:15-cv-01628-RWS, in the U.S. District Court for the Eastern District of Missouri - St. Louis. The appellate case is captioned as Wilma Pennington-Thurman v. United States, et al., Case No. 16-4346, in the United States Court of Appeals for the Eighth Circuit. Plaintiff-Appellant Wilma M. Pennington-Thurman, of Saint Louis, Missouri, appears pro se. UNITED STATES: D.C. Cir. Appeal Filed in "Welborn" Suit vs. IRS --------------------------------------------------------------- Plaintiffs Becky Welborn, Wendy Windrich and Beth B. DuPree filed an appeal from a court ruling in their lawsuit entitled Becky Welborn, et al. v. IRS, et al., Case No. 1:15-cv-01352-RMC, in the U.S. District Court for the District of Columbia. As previously reported in the Class Action Reporter, District Judge Rosemary M. Collyer dismissed the Case. The Plaintiffs, on behalf of a proposed class, allege that the Internal Revenue Service, IRS Commissioner John A. Koskinen, and IRS employees, identified as Does 1-100, violated their rights under the Privacy Act, 5 U.S.C. Section 552a; the Administrative Procedure Act, 5 U.S.C. Section 701 et seq.; and the Internal Revenue Code, 26 U.S.C. Section 6103, by disclosing or failing to prevent the disclosure of their personal identification information to third parties. The appellate case is captioned as Becky Welborn, et al. v. IRS, et al., Case No. 16-5365, in the United States Court of Appeals for the District of Columbia Circuit. The briefing schedule in the Appellate Case is set as follows: -- Appellants' docketing statement is due on January 4, 2017; -- Appellant certificate as to parties is due on January 4, 2017; -- Appellant statement of issues is due on January 4, 2017; -- Appellant underlying decision is due on January 4, 2017; -- Appellant deferred appendix statement is due on January 4, 2017; -- Appellant notice of appearance is due on January 4, 2017; -- Appellant transcript status report is due on January 4, 2017; -- Appellant procedural motions are due on January 4, 2017; -- Appellant dispositive motions are due on January 19, 2017; -- Appellee certificate as to parties is due on January 4, 2017; -- Appellee entry of appearance is due on January 4, 2017; -- Appellee procedural motions are due on January 4, 2017; and -- Appellee dispositive motions are due on January 19, 2017. Plaintiffs-Appellants Becky Welborn, On behalf of herself and all others similarly situated; Wendy Windrich, On behalf of herself and all others similarly situated; and Beth B. DuPree are represented by: Steven William Teppler, Esq. ABBOTT LAW GROUP, PA 2929 Plummer Cove Road Jacksonville, FL 32223 Telephone: (904) 292-1111 E-mail: steppler@abbottlawpa.com VERIZON COMMUNICATIONS: Pundt Files Appeal to U.S. Supreme Ct. -------------------------------------------------------------- Edward Pundt, Individually and on Behalf of All Others Similarly Situated, Petitioner v. Verizon Communications, Inc., et al., Case No. 16-762 (U.S. Sup. Ct., Dec. 15, 2016), is an appeal filed before the United States Supreme Court from a lower court decision in a class action, Case No. 14-10553 (5th Cir.). Verizon Communications, Inc., is a broadband telecommunications company and the largest U.S. wireless communications service provider as of September 2014, and a corporate component of the Dow Jones Industrial Average The Petitioner is represented by: Curtis L. Kennedy, Esq. 8405 E. Princeton Ave. Denver, CO 80237-1741 Telephone: (303) 770 0440 E-mail: curtislkennedy@aol.com WALKERHEALTHCAREIT LLC: "Bey" Suit to Recover Overtime Pay ---------------------------------------------------------- Debra Bey, individually and on behalf of all others similarly situated, Plaintiff, v. WalkerHealthCareIt, LLC, WalkerSearchGroup, LLC, Encore Health Resources, LLC, Tiffany Walker and Gregory Walker, Defendants, Case No. 2:16-cv-01167 (S.D. Ohio, December 13, 2016), seeks to recover unpaid overtime wages, liquidated damages and other damages under the Fair Labor Standards Act of 1938 and the Ohio Minimum Fair Wage Standards. Debra Bey worked for Defendants as an ATE Go-Live Support Consultant at OhioHealth. She claims to have rendered unpaid, non- billable work for Defendants such as travelling to and from their assigned location, attending orientation and training and conference calls. WalkerHealthIT, LLC and WalkerSearchGroup, LLC recruit and hire individuals to assist hospitals and healthcare organizations with their implementation and administration of an integrated health computer system. Walker's principal place of business is located in Bloomfield Hills, Michigan. Walker provides its services to customers nationwide. Encore Health Resources, LLC manages the day to day duties of individuals that are recruited and hired by Walker to assist hospitals and healthcare organizations with the implementation and administration to an integrated health computer system. Encore's principal place of business is located in Houston, Texas. The Plaintiff is represented by: Andrew C. Ficzko, Esq. STEPHAN ZOURAS, LLP 205 N. Michigan Avenue, Suite 2560 Chicago, IL 60601 Tel: (312) 233-1550 Email: aficzko@stephanzouras.com - and - James Papakirk, Esq. Gregory E. Hull, Esq. FLAGEL & PAPAKIRK, LLC 50 E Business Way, Suite 410 Cincinnati, OH 45241 Tel: (513) 984-8111 Fax: (513) 984-8118 Email: jpapakirk@fp-legal.com ghull@fp-legal.com WELLS FARGO: Williams Appeals S.D. Iowa Ruling to Eighth Circuit ---------------------------------------------------------------- Plaintiffs Cara Williams, Johnita Slaughter, Mandre Miller, James Collier, Teresa Jones, Chance Kenyon, Anthony Williams, Dwann Jones and Leroy Fields-Campbell filed an appeal from a court ruling in their lawsuit styled Cara Williams, et al. v. Wells Fargo Bank, N.A., Case No. 4:15-cv-00038-CRW, in the U.S. District Court for the Southern District of Iowa - Des Moines. As previously reported in the Class Action Reporter, the Hon. Judge Charles R. Wolle granted the Defendant's summary judgment against the plaintiffs in the "Williams" Case. The Plaintiffs seek damages and other relief from Wells Fargo. The Plaintiffs are terminated former WF employees or not-hired applicants, who have alleged that WF unlawfully discriminated against them by uniformly applying Federal Deposit Insurance Corporation Section 19 because they had committed the specified crimes of dishonesty, breach of trust, or money laundering. The appellate case is captioned as Cara Williams, et al. v. Wells Fargo Bank, N.A., Case No. 16-4372, in the United States Court of Appeals for the Eighth Circuit. The Plaintiffs-Appellants are represented by: Leonard E. Bates, Esq. Thomas A. Newkirk, Esq. NEWKIRK LAW FIRM 515 E. Locust Street, Suite 300 Des Moines, IA 50309 Telephone: (515) 883-2000 E-mail: lbates@newkirklaw.com tnewkirk@newkirklaw.com - and - Laura L. Ho, Esq. James Kan, Esq. GOLDSTEIN, BORGEN, DARDARIAN & HO 300 Lakeside Drive, Suite 1000 Oakland, CA 94612 Telephone: (510) 763-9800 Facsimile: (510) 835-1417 E-mail: holho@gbdhlegal.com jkan@gbdhlegal.com Defendant-Appellee Wells Fargo Bank, N.A., is represented by: Gregory Paul Abrams, Esq. MORGAN & LEWIS 77 W. Wacker Drive, 5th Floor Chicago, IL 60601-0000 Telephone: (312) 324-1000 E-mail: gabrams@morganlewis.com - and - Michael Giudicessi, Esq. Britt L. Teply Carlson, Esq. FAEGRE BAKER DANIELS LLP 801 Grand Avenue, 33rd Floor Des Moines, IA 50309-8011 Telephone: (515) 248-9000 Facsimile: (515) 248-9010 E-mail: michael.giudicessi@FaegreBD.com britt.teply@FaegreBD.com - and - John P. Mandler, Esq. FAEGRE BAKER DANIELS LLP 2200 Wells Fargo Center 90 S. Seventh Street Minneapolis, MN 55402-3901 Telephone: (612) 766-7000 E-mail: john.mandler@FaegreBD.com YAHOO INC: Faces "Vail" Suit in N.D. Cal. Over Data Breach ---------------------------------------------------------- Amy Vail, individually and on behalf of a class of similarly situated individuals v. Yahoo Inc., Case No. 3:16-cv-07154 (N.D. Cal., December 14, 2016), is an action for damages as a result of the Defendant's failure to adequately protect its users' sensitive personal information or itself from data breaches. Yahoo Inc. is a Delaware corporation that operates a host of Internet websites and services, including web portal, search engine and email service, among others. Amy Vail is a pro se plaintiff. YAHOO INC: Faces "Mortensen" Suit in N.D. of California ------------------------------------------------------- A class action lawsuit has been filed against Yahoo Inc. The case is entitled as Andrew J. Mortensen, Individually and on behalf of all others similarly situated, the Plaintiff, v. Yahoo Inc., the Defendant, Case No. 5:16-cv-07182-NC (N.D. Cal., Dec. 15, 2016). The case is assigned to Hon. Magistrate Judge Nathanael M. Cousins. Yahoo is an American multinational technology company headquartered in Sunnyvale, California. Yahoo was founded by Jerry Yang and David Filo in January 1994 and was incorporated on March 2, 1995. The Plaintiff is represented by: Brian P. Murray, Esq. GLANCY PRONGAY & MURRAY LLP 122 East 42nd Street, Suite 2920 New York, NY 10168 Telephone: (212) 682 5340 Facsimile: (212) 884 0988 E-mail: bmurray@glancylaw.com - and - Jasper Ward, Esq. JONES WARD PLC 312 S. Fourth Street, 6th Floor Louisville, KY 40202 Telephone: (502) 882 6000 Facsimile: (502) 587 2006 E-mail: jasper@jonesward.com - and - Paul C. Whalen, Esq. Law Office of Paul C. Whalen 768 Plandome Road Manhasset, NY 11030 Telephone: (516) 426 6870 E-mail: pcwhalen@gmail.com - and - Mark Samuel Greenstone, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201 9150 Facsimile: (310) 201 9160 E-mail: mgreenstone@glancylaw.com ZION MANAGEMENT: Faces "Jones" Suit in District of Utah ------------------------------------------------------- A class action lawsuit has been filed against Zions Management Services. The case is titled as Jodi J. Jones, individually and on behalf of all others similarly situated, the Plaintiff, v. Zions Management Services, doing business as Zions First National Bank, the Defendant, Case No. 1:16-cv-00170-DN (D. Utah., Dec. 15, 2016). The case is assigned to Hon. Judge David Nuffer. Zions Management Services Company operates as a subsidiary of Zions Bancorporation. The Plaintiff is represented by: Theron D. Morrison, Esq. 290 25th St Ogden, UT 84401 Telephone: (801) 392 9324 E-mail: therondmorrison@gmail.com Asbestos Litigation ASBESTOS UPDATE: Shipowners Lose Summary Judgment Bid in "Bartel" ----------------------------------------------------------------- In WILLARD E. BARTEL (Administrator for Estate of William A. Lawrence), ET AL., Plaintiffs, v. A-C PRODUCT LIABILITY TRUST, ET AL., Defendants, E.D. PA Civil Action No. 5:11-45628-ER, Consolidated Under No. MDL 875 (E.D. Pa.), Judge Eduardo C. Robreno denied in part -- and denied without prejudice in part -- the Thompson Hine Shipowner Defendants' Motion for Summary Judgment as follows: (1) The motion is DENIED as to the arguments related to judicial estoppel (with respect to all claims); (2) With respect to Plaintiffs' non-malignancy claims, the motion is DENIED without prejudice as to the arguments related to the real party in interest/standing; and (3) With respect to Plaintiffs' malignancy claims, the motion is DENIED as to the arguments related to the real party in interest/standing. A full-text copy of Judge Robreno's Memorandum dated December 16, 2016, is available at https://is.gd/5MsSES and Order is available at https://is.gd/cFx3W9 from Leagle.com. DAVID C. PEEBLES, Plaintiff, represented by DONALD A. KRISPIN, THE JAQUES ADMIRALTY LAW FIRM, P.C.. DAVID C. PEEBLES, Plaintiff, represented by JOHN E. HERRICK, MOTLEY RICE LLC & JOHN DAVID HURST, MOTLEY RICE LLC. WILLARD E. BARTEL, Plaintiff, represented by DONALD A. KRISPIN, THE JAQUES ADMIRALTY LAW FIRM, P.C., JOHN E. HERRICK, MOTLEY RICE LLC & JOHN DAVID HURST, MOTLEY RICE LLC. A-C PRODUCT LIABILITY TRUST, Defendant, represented by WILLIAM A. VISCOMI. ARGO INTERNATIONAL CORPORATION, Defendant, represented by EDWARD J. CASS, GALLAGHER SHARP FULTON NORMAN. AUBURN MFG. CO., Defendant, represented by EDWARD J. CASS, GALLAGHER SHARP FULTON NORMAN. AURORA PUMP DIVISION OF GENERAL SIGNAL CORP., Defendant, represented by ERNEST W. AUCIELLO, JR., TUCKER, ELLIS & WEST LLP. BOYD CO., A.B., Defendant, represented by EDWARD J. CASS, GALLAGHER SHARP FULTON NORMAN. BRYAN STEAM CORP., Defendant, represented by EDWARD J. CASS, GALLAGHER SHARP FULTON NORMAN. FARRELL LINES INC., Defendant, represented by HAROLD W. HENDERSON, THOMPSON, HINE LLP, RICHARD C. BINZLEY, THOMPSON, HINE AND FLORY & SUSAN K. DIRKS, THOMPSON HINE LLP. FEDERAL-MOGUL CORPORATION, Defendant, represented by EDWARD J. CASS, GALLAGHER SHARP FULTON NORMAN. GATKE CORPORATION, Defendant, represented by EDWARD J. CASS, GALLAGHER SHARP FULTON NORMAN. GOODALL RUBBER CO., Defendant, represented by EDWARD J. CASS, GALLAGHER SHARP FULTON NORMAN. HAJOCA CORP., Defendant, represented by EDWARD J. CASS, GALLAGHER SHARP FULTON NORMAN. INGERSOLL-DRESSER PUMP, Defendant, represented by EDWARD J. CASS, GALLAGHER SHARP FULTON NORMAN. INGERSOLL-RAND CORPORATION, Defendant, represented by EDWARD J. CASS, GALLAGHER SHARP FULTON NORMAN. JANOS INDUSTRIAL INSULATION CORP., Defendant, represented by EDWARD J. CASS, GALLAGHER SHARP FULTON NORMAN. JOHN CRANE INC., Defendant, represented by STEPHEN H. DANIELS, MCMAHON DEGULIS LLP. MELRATH GASKET, INC., Defendant, represented by WILLIAM A. VISCOMI. NOLAND COMPANY, Defendant, represented by EDWARD J. CASS, GALLAGHER SHARP FULTON NORMAN. PECORA CORP., Defendant, represented by EDWARD J. CASS, GALLAGHER SHARP FULTON NORMAN. PHOENIX SPECIALTY MANUFACTURING CO., INC., Defendant, represented by EDWARD J. CASS, GALLAGHER SHARP FULTON NORMAN. PREFERRED UTILITIES MFG. CORP., Defendant, represented by EDWARD J. CASS, GALLAGHER SHARP FULTON NORMAN. RHOPAC INC., Defendant, represented by ERNEST W. AUCIELLO, JR., TUCKER, ELLIS & WEST LLP. SKINNER ENGINE COMPANY, INC., Defendant, represented by EDWARD J. CASS, GALLAGHER SHARP FULTON NORMAN. UNIROYAL CHEMICAL CO., Defendant, represented by ERIC LARSON ZALUD, BENESICH FRIEDLANDER COPLAN & ARONOFF. WARREN PUMPS, INC., Defendant, represented by JAMES T. MILLICAN, II, GALLAGHER SHARP. ZIMMERMAN PACKING & MFG., INC., Defendant, represented by EDWARD J. CASS, GALLAGHER SHARP FULTON NORMAN. UNITED FRUIT COMPANY, Defendant, represented by HAROLD W. HENDERSON, THOMPSON, HINE LLP. ASBESTOS UPDATE: 3rd Cir. Affirms Dismissal of Suit vs. CSX ----------------------------------------------------------- Plaintiff-Appellant James Collier filed suit against CSX Transportation, Inc., in 2015 because he suffers from lung cancer that he alleges arose from his exposure to asbestos while working for CSX, a railroad company, and its predecessors-in-interest in the 1960s and 1970s. In 1994, he had settled an earlier action against CSX that included claims for injuries for exposure to asbestos during his employment. In furtherance of the settlement, Collier executed a document releasing CSX from all future claims based on exposure to a number of different contaminants, including claims for cancer arising out of his exposure to asbestos. Therefore, when Collier filed suit against CSX in 2015 for a claim related to his asbestos exposure and his new cancer diagnosis, CSX moved to dismiss the action pursuant to Federal Rule of Civil Procedure 12(b)(6) based on the agreement settling Collier's earlier action. The District Court granted CSX's motion and Collier appeals. The United States Court of Appeals for the Third Circuit affirmed the dismissal of Collier's action, holding that in consideration of a motion to dismiss, a court may consider unquestionably authentic exhibits in determining whether a plaintiff plausibly would be entitled to relief. Collier sued CSX based on his exposure to asbestos and settled that claim by executing a release that specifically released any claim for cancer that might arise from his work-related exposure to asbestos. The Third Circuit said he could not plausibly claim that he did not know that cancer was a risk of asbestos exposure, and it would be implausible to conclude that he did not know of his exposure to asbestos when he settled his prior asbestos-related case. Therefore, the District Court properly dismissed this case, the Third Circuit ruled. The appeals case is JAMES S. COLLIER; MARY ELIZABETH COLLIER, H/W, Appellants, v. CSX TRANSPORTATION INC., No. 16-1999 (3d Cir.). A full-text copy of the Opinion dated December 16, 2016, is available at https://is.gd/BVc7pI from Leagle.com. ASBESTOS UPDATE: Court Denies Bid to Stay "Davidson" ---------------------------------------------------- "Assuming the truth of every nonconclusory factual allegation in the defendants' amended notice of removal, and liberally construing the scope of 28 U.S.C. Section 1442, the defendants have failed to meet their rudimentary pleading burden for federal officer removal. The defendants' request for a stay is denied," Judge Vince Chhabria of the United States District Court for the Northern District of California, ruled in a December 9, 2016, order, a full-text copy of which is available at https://is.gd/ooKaZE from Leagle.com. The case is WILLIAM DAVIDSON, et al., Plaintiffs, v. ALCATEL- LUCENT USA INC., et al., Defendants, Case No. 16-cv-05766-VC (N.D. Calif.). William Davidson, Plaintiff, represented by Benno B. Ashrafi, Weitz and Luxenberg P.C.. William Davidson, Plaintiff, represented by Leonard Sandoval, Weitz & Luxenberg, P.C. & Benno B. Ashrafi, Weitz and Luxenberg, P.C.. Pearl Davidson, Plaintiff, represented by Leonard Sandoval, Weitz & Luxenberg, P.C. & Benno B. Ashrafi, Weitz and Luxenberg, P.C.. Alcatel-Lucent USA Inc., Defendant, represented by Meghan R. McMeel, Riley Safer Holmes & Cancila LLP, Alison Lee Maddeford, Riley Safer Holmes & Cancila LLP & Joshua Douglas Lee, Riley Safer Holmes Cancila, pro hac vice. AT&T Corp., Defendant, represented by Meghan R. McMeel, Riley Safer Holmes & Cancila LLP, Alison Lee Maddeford, Riley Safer Holmes & Cancila LLP & Joshua Douglas Lee, Riley Safer Holmes Cancila, pro hac vice. Pacific Bell Telephone Company, Defendant, represented by Meghan R. McMeel, Riley Safer Holmes & Cancila LLP, Alison Lee Maddeford, Riley Safer Holmes & Cancila LLP & Joshua Douglas Lee, Riley Safer Holmes Cancila, pro hac vice. ASBESTOS UPDATE: Ark. High Court Affirms Dismissal of "Hendrix" --------------------------------------------------------------- Appellant Brenda Hendrix, individually, and as the Special Administratrix of the Estate of Guy D. Hendrix, Deceased, appeals the amended judgment entered by the Saline County Circuit Court granting the motion to dismiss filed by appellee Alcoa, Inc. The estate contends that the exclusive-remedy provision of the Arkansas Workers' Compensation Act does not bar a common-law tort action against the decedent's employer because the Act provides no remedy for the disease that caused the decedent's death. The Supreme Court of Arkansas accepted certification of the case from the Arkansas Court of Appeals in accordance with Arkansas Supreme Court Rule 1-2(d), on the basis that the appeal presents an issue of first impression concerning a matter of substantial public interest and a significant question of law concerning the interpretation of an act of the General Assembly. In keeping with legislative intent, the Supreme Court affirmed the circuit court's decision. BRENDA HENDRIX, INDIVIDUALLY, AND AS SPECIAL ADMINISTRATRIX OF THE ESTATE OF GUY D. HENDRIX, DECEASED, Appellant, v. ALCOA, INC., Appellee, No. CV-15-558 (Ark.). A full-text copy of the Decision dated December 15, 2016, is available at https://is.gd/dDEif9 from Leagle.com. Simmons Hanly Conroy, by: William Kohlburn; Odom Law Firm, P.A. by: Russell Winburn; and Cullen & Co., PLLC by: Tim Cullen, for appellant. Hawkins Parnell Thackston & Young LLP by: H. Barret Marshall, Jr.; and Wright, Lindsey & Jennings LLP by: Rodney P. Moore and Michael A. Thompson, for appellee Alcoa Inc. Friday, Eldredge & Clark, LLP by: Robert S. Shafer and Guy Alton Wade, for amici curiae Arkansas State Chamber of Commerce and Associated Industries of Arkansas, Inc. Worley, Wood & Parrish, P.A. by: Jarrod S. Parrish, for amicus curiae Arkansas Self Insurers Association. David L. Pake, for amicus curiae Death & Permanent Total Disability Trust Fund. ASBESTOS UPDATE: Pa. Asbestos Trial Consolidation Could Be Ending ----------------------------------------------------------------- Max Mitchell, writing for The Legal Intelligencer, reported that defense attorneys have long said the practice of consolidating asbestos trials in Philadelphia gives the plaintiffs' bar an unfair advantage, but some are now looking to a recent state Supreme Court decision as an indication that the consolidation of asbestos trials might be on its way out. The practice of consolidating trials began more than 25 years ago in an effort to get control of a spiraling backlog of asbestos cases. Consolidation was credited with quickly wiping out the backlog and became the standard for how asbestos cases would be tried in Philadelphia. Nearly five years ago, however, the court eliminated mandatory consolidation and placed a limit on the number of cases that could be consolidated into a single trial. Since then, the number of asbestos cases being tried to verdict has been decreasing, which attorneys attributed to growing success with mediation. Of the cases that go to trial, thought, many are still consolidated. However, according to defense attorneys, the Supreme Court's recent decision in Rost v. Ford Motor might help the defense bar in its efforts to challenge consolidation. According to Peter J. Neeson of Rawle and Henderson, the Rost decision may be the final nail in the coffin for the practice, as another opinion defense attorneys can point to when seeking to sever cases. One of the numerous asbestos-related topics at issue in Rost was the practice of mandatory consolidation, and whether it should have necessitated a new trial for the defendant. The majority determined that, although the trial judge had improperly failed to consider whether consolidation was appropriate, the mistake was harmless error. Although the majority decided not to overturn the verdict, Neeson said the language should bolster defendants challenging consolidation, and pointed to a strongly worded dissent from Chief Justice Thomas G. Saylor, who said that "the high potential for prejudice is evident, even if one were to discount the emerging empirical evidence referenced by Ford." "The justices have acknowledged that trying more than one case together is problematic from a fairness standpoint and from the standpoint of the jurors trying to keep the cases separate," Neeson said. "It's no longer going to be practiced." Another defense attorney, who declined to be named for the story, agreed that the case will provide defendants some strong language when bringing their case against consolidation before the trial court. "The way they phrased it, they need a real showing of commonality," the attorney said. "They need very similar cases, very similar facts involved." Edward Nass of Nass Cancelliere Brenner, who represents plaintiffs, disagreed and said that, while the case leans strongly against mandatory consolidation, that practice was done away with in 2012. "I think there will be and should be plenty of instances in the future where it should be appropriate to consolidate asbestos cases for trial," Nass said. Before the court implemented the rule in 2012 doing away with mandatory consolidation, there was no rule outlining consolidation in Philadelphia, but it was viewed as mandatory, and as many as 10 cases could have been consolidated for trial. According to Justice Christine L. Donohue, who wrote the majority decision in Rost, the judge overseeing the Rost trial dismissed Ford's request to sever the case for trial by saying, "We have all been doing it for years." After Ford continued seeking severance of the cases, the judge said, "We don't sever cases," and, "In Philadelphia, we have been doing so for years." Along with eliminating mandatory consolidation, the 2012 rule capped the number of cases that could be consolidated at three, and outlined several factors that judges would need to consider before deciding to consolidate cases. In deciding that the trial judge had improperly failed to consider severing the Rost case before trial, Donohue said courts have long held that a statewide rule regarding consolidation "only permits (rather than requires) the consolidation." Brookman, Rosenberg, Brown & Sandler attorney Steven J. Cooperstein, who tried Rost, noted that the case was tried before the local rule was put in place, so judges were still using mandatory consolidation. But, given the protocol now in place, he said the opinion shouldn't foreclose any arguments about consolidation from the defense. "Going forward, I think the message to the trial judges here is, make sure you do exercise your discretion. If cases are going to be tried together, look to see if it's appropriate, if there are common issues of fact and law, or if it might be prejudicial," Cooperstein said. "If the trial court properly exercises discretion and decides that two or three can be tried together fairly, I don't think Rost stops the trial judge from doing so." Nass agreed and said he did not think the decision will give the defense bar more of an argument when challenging consolidation. "In my opinion it doesn't give them any more ammunition than they already have, because with these protocols in place, they have to consider the different factors," Cooperstein said. ASBESTOS UPDATE: London Hospital Trust Pays GBP1.3-Mil. ------------------------------------------------------- Evening Standard reported that one of London's largest health trusts has paid out more than GBP1.3 million in compensation to people who developed illnesses from asbestos while in hospital. Guy's and St Thomas' NHS Trust -- which runs two of London's largest hospitals -- has been hit with 20 legal claims since 2001, figures show. The trust is just one of many London hospitals and health centres which contain the microscopic harmful minerals, commonly used in building materials for years. Both of its major hospitals and six of its smaller community centres still contain asbestos and GBP3.9 million has been spent on removing it since 2001. The Standard contacted all London health authorities for figures of the compensation paid out for asbestos-related illnesses. Of the trusts which replied, St Guy's and South West London and St George's NHS trust were the only others to have given payouts. The South West London trust received one legal claim due to illness relating to asbestos, and admitted three of their buildings still have the material. Liz Darlison, consultant nurse and director of services at charity Mesothelioma UK, said she has "lost count" of the number of doctors and nurses with mesothelioma -- a rare cancer which can be caused by asbestos. She said: "It's not just doctors and nurses but maintenance people and hospital workers generally. "But it doesn't matter what your background is or career pathway, whether you are a doctor, secretary or car mechanic, nobody expects to have a life-limiting disease." The presence of asbestos in Guy's Hospital -- which was founded in the 18th century -- has been known for some time. Consultant anaesthetist Andrew Lawson, who was a medical student at St Guy's Hospital, died aged 55 two years ago from mesothelioma.. He wrote in the Telegraph before he died: "It seems that, while at medical school, I was exposed to asbestos fibres in some part of the hospital (four other doctors and dentists from my era developed the disease; I am the only one surviving)." But the Health and Safety Executive -- the watchdog which monitors hospitals -- said the fact London's hospitals know exactly where their asbestos is suggests responsible management. "Lots of buildings have asbestos," a spokeswoman said. "If you want a building used as a work place then the duty holder has a duty to manage the asbestos. "And sometimes it's less risky to leave it in place. It only becomes harmful if the fibres are released in the atmosphere." Ms Darlison said: "As long as it's not airborne, it's allegedly not a risk. The problem is it's so prevalent in the fabric of our buildings. "We all know our public buildings, schools, colleges, hospitals have a lot of traffic and the traffic that goes through them does not always take care of the building, the banging of wheelchairs, the slamming of doors. "The only long term solution is to have a strategy of removing it." Other hospitals said no cases had been brought against them, although they shared figures of how much had been spent on removing the harmful material. Figures revealed Camden and Islington's NHS Trust manages 32 sites which have asbestos, with the organisation spending GBP525,091 on removal work since 2001 -- including from St Pancras Hospital. North London's Barnet, Enfield and Haringey NHS Trust said it has 54 sites which contain asbestos and has spent GBP105,000 getting rid of it. Three buildings owned by South West London and St George's NHS Trust -- including wards, offices, staff accommodation and hospital areas -- have asbestos, while west London's Royal Marsden Hospital NHS Trust says it owns 20 properties with the substance and has spent a total of GBP143,755 on removal work. The HSE spokeswoman said most compensation claims date back to workers' exposure decades ago and said someone who has an asbestos-related illness today would likely have contracted it around 30 to 40 years ago. Asbestos still kills around 5,000 workers every year -- more than the number killed on the road -- and can be present in any building built before or refurbished before 2000. It only becomes harmful when the materials containing asbestos is disturbed or damaged and the fibres are inhaled. A spokesperson from Guy's and St Thomas' NHS Foundation Trust said: "Guy's and St Thomas' is one of the largest trusts providing both hospital and community services from many sites. "We have a major capital development programme each year, much of which involves carrying out renovations and developments within existing buildings. This will sometimes involve the removal of asbestos as part of these works." ASBESTOS UPDATE: Asbestos Found in Swansea Church Organ ------------------------------------------------------- Steffan Thomas, writing for South Wales Evening Post, reported that Christmas activities in a Swansea church have been thrown into disarray after asbestos was found in the church organ. St James' Church, which is situated in the Uplands area of the city, was due to host a series of religious activities this Christmas but has now been forced to move them to the parish centre. The decision has been described as a "necessary precautionary measure" by church authorities, until the building is deemed safe to reopen. A St James' Church spokesperson said: "Asbestos has been found in the church organ, which has not been used for some time. The vicar and church wardens have been advised by an experienced building surveyor that the church building should not be used pending further investigation. "Such investigation may well prove that the continued use of the church would have been safe. However, this is a necessary precautionary measure at this stage of investigation. "The matter is being addressed urgently." Asbestos is a group of minerals that occur naturally as bundles of fibres and are usually found in soil and rocks. When the fibres are released into the air they can cause serious illnesses if inhaled, such as lung cancer. According to the Health and Safety Executive asbestos still kills around 5000 people each year which is higher than the amount of people killed on the road. The Health and Safety Executive also claim that asbestos is harmless "unless disturbed". The demolition of the former Oceana building was halted earlier this year after far more asbestos than forecast was found in the structure. It saw the cost of the demolition work soar from GBP1.18m to GBP4.1m. ASBESTOS UPDATE: Partner of Monifieth Man in GBP100K Suit --------------------------------------------------------- The Courier reported that a woman has told how she is following her Angus husband's dying wish by fighting for justice over his death. Kenny Nicoll, 69, who ran the Barn pub in Barnhill for more than a decade, died at home in Monifieth in March after being diagnosed with cancer related to an exposure to asbestos. Partner Gillian Coulston, 68, is now pursuing legal action against representatives of AG Robb Caledon Shipbuilders Ltd. She believes that Kenny's death is linked to him working with asbestos-laden boilers when he was working with the firm aged 19. She said that Kenny had asked her on his deathbed to see the case through. She said: "I promised him that I would continue the fight. He told me that he wanted me to carry on. "He wanted me to take it forward and make sure that the kids and the grandchildren were OK. "A lot of people don't realise just how quickly it comes on. "Kenny was diagnosed 50 years after he had been working with the boilers." Gillian has launched a lawsuit against the firm, with the claim expected to be worth more than GBP100,000. Digby Brown is pursuing the action and a spokesman for the law firm described it as a case which shows the "real and tragic consequences of asbestos exposure at work being felt by families today". He said: "Asbestos is not a relic of an industrial past but something that affects people in Tayside and elsewhere now. It is important that individuals and families affected in this way access specialist support services and legal advice. "As this case is an ongoing matter, it would not be appropriate for us to comment further." Asbestos Action Tayside, a charity based in Dundee, supported Kenny in the early stages following his diagnosis. Manager John Fearn said it was important to continue to fight for the rights of victims and their families. AG Robb Caledon Shipbuilders Ltd declined to comment. ASBESTOS UPDATE: Calif. Ruling Expands Liability, Potential Ban --------------------------------------------------------------- Eric S. Daniel, Esq., and Robert W. Burger, Esq., at Thompson Hine LLP, in an article for Lexology.com, reported that a recent California Supreme Court opinion recognizing a company's legal duty to protect its employees' families from "take home" asbestos exposure has expanded the pool of potential plaintiffs in asbestos litigation. Also, the U.S. Environmental Protection Agency (EPA) has included asbestos on its new list of 10 chemicals that could eventually be banned. These two recent developments portend a potential increase in challenges for companies that have been involved, even tangentially, with asbestos. Liability Grows Via "Take Home Exposure" Cases On December 1, 2016, the California Supreme Court ruled that employers could be held liable where members of their employees' households become ill due to exposure to asbestos brought home from the workplace on the employees' clothes or bodies. The premise of these types of cases, known as "take home exposure" cases, is that an employee who works with or around asbestos can transport asbestos fibers home on his or her clothing, hair and skin, which then can be inhaled by people living in the home, eventually leading to them developing asbestos-related diseases. Regardless of whether the theory is scientifically plausible, a number of courts have rejected these causes of action, holding that injuries to employees' household members are not foreseeable, or that there is no legal duty between a company and members of its employees' households. With this decision, the California Supreme Court joins a minority (but growing) number of courts that have widened an employer's duty of care to include members of employees' households. By extending an employer's potential liability to individuals who never worked for the company, this decision creates an expanded class of potential asbestos plaintiffs. Now anyone who shared a household with a California resident who worked with or around asbestos could be permitted to sue the owner of the workplace where asbestos was present. EPA May Consider Ban On November 29, 2016, the EPA issued a list of 10 chemicals, including asbestos, it will subject to risk evaluation under the Toxic Substances Control Act to determine whether they present an unreasonable risk of injury to health or the environment. Although EPA is expected to issue initial scoping documents that describe hazards of asbestos, exposure potential, common asbestos use and susceptibility to exposure, the full assessment likely will take years to complete. If EPA determines that asbestos poses an unreasonable risk of injury to health or the environment, it will take steps to mitigate that risk, which could include a ban. ASBESTOS UPDATE: Kansas School Evacuated Over Asbestos ------------------------------------------------------ KWCH.com reported that students were evacuated from a Kansas school Monday because of asbestos. Everyone at Yates Center Elementary and Middle School was taken to the high school Monday, and they won't be back to school until after winter break. "Something started...falling from the ceiling to the floor, so they put caution signs," said Caleb Kobel, a fifth grader at the school. The students get to start their holiday break two days early. Caleb said he was heading to lunch when he saw something fall from above. "We were feeling kind of scared, and like everyone was saying what's happening? What is that stuff," said Caleb. Superintendent Greg Brown said some staff noticed it was coming loose in the multi-purpose room. "Before the middle school lunch shift, my principal and one of the other workers there for the lunch shift noticed some of the asbestos was down on the floor," said Brown. Brown said the district has been working to remove the asbestos over the last several years, taking regular measures to remove more and more of it each year. He said they didn't expect something like this to happen, so staff cleared the building and took students to the high school. "We saw that there was like... looked like dust on the floor, and we all started reacting like crazily," said Caleb. Parents said the district sent messages through voicemail, email and text to inform parents. "I'm a little uneasy about it right now," said Caleb's mom, Bonnie Stoldt. "We had an incident about a year and a half ago with the same thing, so I'm just really hoping that it gets taken care of this time." Brown said the previous time was when a ball hit the ceiling and knocked asbestos loose, but he said that was an isolated incident. "This time I think they handled it properly," said Stoldt. "They evacuated the kids." Brown said a consultant is coming to the school Tuesday to help them come up with a plan to move forward. He said after that visit, he plans to contact KDHE. KWCH called The KDHE, and they had not heard about the incident. The state said it does not track asbestos in schools but that most older buildings likely contain some. It's up to each district to decide whether to remove it. ASBESTOS UPDATE: Asbestos Found at Tucumari Project Site -------------------------------------------------------- Thomas Garcia, writing for Quay County Sun, reported that a second change order to the Center Street water tank project was approved Thursday by the Tucumcari city commission to remove asbestos from the work site. "A layer of asbestos was found underneath the old water tank as it was being removed," said Mark Martinez, project manager. Martinez said the asbestos was mixed into a layer of tar that was under the original water tank. He said the removal of the hazardous material is necessary for the project to be completed. Martinez said with the removal of the asbestos, the project cost will now be $38,336.97 (including gross receipt taxes). He said the new total does not exceed the project's estimated cost, adding that several cost saving steps during the process have allowed the city to keep the project under budget. The commissioners approved a $19,957 contract with Occam Engineering Inc. for an engineering study to replace the wastewater line at the KOA campground. The line runs directly under Interstate 40 and will require the study to replace the collapsed portion, said Jared Langenegger. Langenegger said a portion of the wastewater line collapsed earlier in the year and was repaired, and it is necessary to replace the line to prevent future collapses. The following was other action taken at the meeting: * Commissioners approved a contract with Sierra Valley Contractors, LLC., for $489,638.89 for the building of Cell 3 at the Tucumcari Landfill. * Commissioners approved the ENDWI grant for $10,150 for the Tucumcari Police Department. The grant will be used to pay for overtime and operations cost, including the ENDWI campaign and Click It or Ticket. In other city news, a commercial advertisement campaign promoting Tucumcari has had success in different region, according to David Brenner, director of the Lodgers Tax Advisory Board. Brenner said the advertisement promoting Tucumcari has been running for 81 days and has had 174,178 impressions. He said the video appears on Google search and as a YouTube advertisement. Brenner said in regions like Dallas, the ad only had an interaction rate of 10 percent. He said the higher 20 percent of interactions came from areas along Route 66. "There were 34,843 viewers who did not skip the advertisement and watched the entire video," Brenner said. The video is having the desired result in getting Tucumcari's name out there among tourists, said Robert Lumpkin, mayor pro-tem. Brenner said that the commercial project had a budget of $34,010.40 with a one-time $2,000 set-up fee. "This project has promoted Tucumcari to 34,000 new potential tourists," Lumpkin said. ********* 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. 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