/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/170109.mbx C L A S S A C T I O N R E P O R T E R Monday, January 9, 2017, Vol. 19, No. 6 Headlines ACCURATE COMMUNICATION: "Cremers" Suit Invokes FLSA, Minn. Law ACTAVIS ELIZABETH: FWK Files Suit Over Propranolol Price-Fixing ACTAVIS HOLDCO: Faces Suit in NY for Over-Pricing of Fluocinonide ACTAVIS HOLDCO: Rochester Drug Files Suit Over Pravastatin Prices ADEPTUS HEALTH: Laborers' Local Alleges Securities Act Violations AMERICAN MEDICAL: Caldera Seeks Certification of Class Under TCPA AMERICAN MIDWAY: Fails to Pay Employees OT, "Smith" Suit Says AMR STAFFING: "Smith" Suit Seeks Damages Under Labor Code ANGELS OF THE WORLD: N.Y. Suit Seeks to Recover Unpaid Wages ARTISAN SCREEN: "Ibarra" Suit Seeks Earned Wages Under Labor Code BALFOUR BEATTY: "Herrera" Lawsuit Alleges Failure to Pay Wages BANKERS TRUST: Faces "Innis" Lawsuit Alleging ERISA Violations BENTZYS CONSTRUCTION: "Sanchez" Suit Seeks to Recover Unpaid OT BRAND SCAFFOLD: Faces "Bernal" Suit Over Failure to Pay Overtime BRICCO RESTAURANT: "Camas" Sues for Overtime, Lack of Pay Stubs BRINDERSON CONSTRUCTORS: "Tate" Suit Removed to C.D. California BROCADE COMMUNICATIONS: Onerous Merger Deal Hit in "Bragan" Action CALPORTLAND: Does Not Properly Pay Workers, "Menchaca" Suit Says CAREGIVERS FOR INDEPENDENCE: Lee Moves to Certify Workers Class CAVALRY PORTFOLIO: Illegally Collects Debt, "Herrera" Suit Says CCB CREDIT: Court Certifies N.J. Consumers Class in "Chung" Suit CREVE COEUR: Unpaid Overtime Claimed in "Anderson" Labor Suit CWL INVESTMENTS: Faces "Ruder" Suit Over Failure to Pay Overtime DGD TRANSPORT: Fails to Pay Employees Overtime, Action Claims DOUGH BOY FRESH: "Brandenburg" Suit Seeks Overtime Pay ECLINICAL WORKS: Has Made Unsolicited Calls, Licari Suit Claims ENTERPRISE TITLE: "Wilson" Suit Seeks to Recover Unpaid OT Wages ES MEDICAL: Mussat's Bid to Certify Granted; Hearing on Jan. 11 ETERNITY FLOORS: Sued in Cal. Super. Ct. Over Laminate Flooring FLEETONE LLC: Swinter Group Seeks Class Certification Under TCPA FOUGERA PHARMACEUTICALS: Sued Over Fluocinonide Price-Fixing FOUGERA PHARMACEUTICALS: FWK Sues Over Overpriced Clobetasol GENERAL NUTRITION: Faces "Harrison" Suit Over "False" Advertising GILEAD GROUP: Overtime Pay Claimed in "Adams" Labor Suit HARMAN INTERNATIONAL: Board Faces "Nampally" Suit Over Merger HARMLESS HARVEST: "Guoliang" Suit Alleges False Ad of Coco Water HOME HEALTH: "Goodwin" Suit Seeks Unpaid OT Pay Under Wage Act INTERNATIONAL GRILL: Does Not Properly Employees, Action Claims INTERSTATE HOTELS: Sued Over Failure to Provide Meal Break JENNINGS ROAD: Fails to Pay Overtime Wages, "Dupuis" Suit Claims KEANE GROUP: Faces "Hickson" Suit Under FLSA, Pa. Min. Wage Act KLOCHKO EQUIPMENT: Vinny's Placeholder Cert. Bid Found Moot LABORATORY CORP: "Gonzales" Suit Alleges Cal. Wage Law Violations LANNETT COMPANY: Suit Alleges Levothyroxine Sodium Price-Fixing LANNETT CO: FWK Holdings Sues Over Levothyroxine Price-Fixing LINCOLN NATIONAL: Insurance Premium Hike Hit in "Bharwani" Suit LOCAL AT VILLANOVA: Faces "Walsh" Suit Over Improper Wages MCDONALD'S CORPORATION: Faces "Killeen" Suit Over Value Meal MECHEL BLUESTONE: Jordan Seeks to Enforce Mediation Agreement MIDWAY ISLAND: "Dean" Suit Claims Misclassification, Seeks Wages MMPB GROUP: Banegas Moves to Certify Class of Villa Azur Workers MOLINA HEALTHCARE: Overtime Pay Sought in "Brown" Labor Suit NASSAU, NY: Fails to Pay AMTs OT Wages, "Gurrieri" Suit Claims NEA-BBQ LLC: Faces "Flowers" Lawsuit Seeking Unpaid Wages NEW YORK: Johnston, et al. Sue NYCHA Over FLSA Violations NEW YORK, NY: "Henry" Lawsuit Alleges Violations of FLSA OCWEN LOAN: Certification of FCCPA Class Sought in "Fegadel" Suit PAREXEL INTERNATIONAL: Faces "Cones" Suit Under FLSA, Labor Laws PAUL MICHAEL: Accused of Wrongful Conduct Over Debt Collection PESCATLANTIC GROUP: "Pineda" Class Suit Removed to S.D. Florida PHD HOLDING: Illegally Retains Workers Gratuities, Suit Claims PIE TWO SPEEDWAY: "Friend" Suit Seeks Unpaid Overtime Wages RENT-A-CENTER: Faces "Hall" Suit Over Securities Act Violations ROADRUNNER INTERMODAL: "Rich" Labor Lawsuit Sent to E.D. Calif. SDS INDUSTRIES: Sued Over Failure to Pay Minimum & Overtime Wages SPRINT CORP: "Tharpe" Sues Over Missed Breaks, Reimbursement SQUARETRADE INC: Faces "Starke" Class Suit in E.D. New York SSC SERVICE: "Cerrato" Action Seeks Overtime Pay STARBUCKS CORP: Overtime Pay Sought in "Carrington" Labor Suit STYMCO TECHNOLGIES: Has Made Unsolicited Calls, Medical Suit Says SYNUTRA INTERNATIONAL: "Roth" Sues Over Beams Merger Deal T.SYSTEMS INC: "Pearson" Suit Seeks to Recover Unpaid Wages TASTEE KREME: Aguirre Seeks to Certify Class of Delivery Drivers TELIGENT INC: FWK Holdings Alleges Econazole Price-Fixing TEMPLE TERRACE, FL: Lea Family Class Suit Removed to M.D. Florida TOKAI PHARMACEUTICALS: "Wu" Suit Removed to Mass. Dist. Ct. TRANSMERIT MERCHANT: Doesn't Properly Pay Workers, Action Claims TYSON FOODS: "Huser" Securities Suit Transferred to W.D. Ark. ULTIMATE SERVICES: Makhmudova Seeks Unpaid Wages Under Labor Law UNIVERSAL HEALTH: Faces "Heed" Securities Suit Over Disclosures UPM INC: "Banegas" Suit Seeks Unpaid Wages Under Labor Code WINFIELD MURDOCK: "Blanford" Suit to Recover Minimum, Overtime Pay WYNDHAM WORLDWIDE: Faces "Foutz" Suit Alleging FLSA Violations YAHOO! INC: Faces "Johnson" Suit Over August 2013 Data Breach YAHOO INC: "Filares" Class Suit Consolidated in MDL 2752 ZAPPOROO LLC: Faces "Durden" Lawsuit Seeking OT Pay Under FLSA ********* ACCURATE COMMUNICATION: "Cremers" Suit Invokes FLSA, Minn. Law -------------------------------------------------------------- Jeff Cremers, on behalf of himself and all others similarly situated and the proposed Minnesota Rule 23 Class, Plaintiff, v. Accurate Communication Solutions, Inc., Troy Detmar, individually, and Marshall Hood, individually, Defendants, Case Case No. 0:16- cv-04338-RHK-LIB (D. Minn., December 22, 2016), alleges that Defendants committed a systematic failure to pay their installation technicians (i.e. "installers" or "technicians") overtime pay in accordance with the Fair Labor Standards Act and Minnesota State law. Defendant Accurate Communication Solutions, Inc. is in the business of television satellite installation. The Plaintiff is represented by: Adam W. Hansen, Esq. APOLLO LAW, LLC 400 South 4th Street, Suite 401M - 250 Minneapolis, MN 55415 Phone: (612) 927-2969 Fax: (419) 793-1804 E-mail: adam@apollo-law.com ACTAVIS ELIZABETH: FWK Files Suit Over Propranolol Price-Fixing --------------------------------------------------------------- FWK Holdings, L.L.C., on behalf of itself and all others similarly situated, Plaintiff, v. ACTAVIS ELIZABETH, LLC, TEVA PHARMACEUTICALS USA, INC., PLIVA, INC., MYLAN INC., MYLAN PHARMACEUTICALS INC., UDL LABORATORIES, INC., ENDO INTERNATIONAL PLC; PAR PHARMACEUTICALS HOLDINGS, INC., HERITAGE PHARMACEUTICALS INC., BRECKENRIDGE PHARMACEUTICALS, INC., and UPSHER-SMITH LABORATORIES, INC., Defendants, Case No. 1:16-cv-09901 (S.D.N.Y., December 23, 2016), is a civil antitrust action seeking treble damages arising out of the Defendants' alleged unlawful scheme to fix, maintain, and stabilize the prices of generic propranolol tablets and capsules. Actavis Elizabeth, LLC develops and distributes generic pharmaceutical products in the United States. The Plaintiff is represented by: Robert N. Kaplan, Esq. Richard J. Kilsheimer, Esq. Jeffrey P. Campisi, Esq. Joshua Saltzman, Esq. KAPLAN FOX & KILSHEIMER LLP 850 Third Avenue, 14th Floor New York, NY 10022 Phone: 212-687-1980 Fax: 212-687-7714 E-mail: rkaplan@kaplanfox.com rkilsheimer@kaplanfox.com jcampisi@kaplanfox.com jsaltzman@kaplanfox.com - and - Thomas M. Sobol, Esq. David S. Nalven, Esq. Lauren Guth Barnes, Esq. Kiersten Taylor, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 55 Cambridge Parkway, Suite 301 Cambridge, MA 0214 2 Phone: 617-482-3700 Fax: 617-482-3003 E-mail: tom@hbsslaw.com davidn@hbsslaw.com lauren@hbsslaw.com kiersten@hbsslaw.com - and - Joseph M. Vanek, Esq. David P. Germaine, Esq. VANEK, VICKERS & MASINI P.C. 55 W. Monroe, Suite 3500 Chicago, IL 60603 Phone: 312-224-1500 Fax: 312-224-1510 E-mail: Jvanek@vaneklaw.com E-mail: Dgermaine@vaneklaw.com ACTAVIS HOLDCO: Faces Suit in NY for Over-Pricing of Fluocinonide ----------------------------------------------------------------- UFCW Local 1500 Welfare Fund, on behalf of itself and all others similarly situated v. Actavis Holdco U.S., Inc., Fougera Pharmaceuticals Inc., Sandoz, Inc., Teva Pharmaceuticals USA Inc., and Taro Pharmaceuticals U.S.A., Inc., Case No. 1:16-cv-09792 (S.D.N.Y., December 19, 2016), arises from the Defendants' and others' alleged unlawful combination, agreement and conspiracy to raise the prices of and allocate markets and customers for fluocinonide topical cream (0.05%), cream with emulsified base (0.05%), gel (0.05%), and ointment (0.05%) products in the United States. Fluocinonide is a commonly prescribed medication used to treat skin conditions such as dermatitis and psoriasis. The Defendants manufacture, market, and sell generic drug products throughout the United States. The Plaintiff is represented by: Gregory S. Asciolla, Esq. Jay L. Himes, Esq. Karin E. Garvey, Esq. Domenico Minerva, Esq. Robin A. Van Der Meulen, Esq. Matthew J. Perez, Esq. Rudi Julius, Esq. 140 Broadway New York, NY 10005 Telephone: (212) 907-0700 Facsimile: (212) 818-0477 E-mail: gasciolla@labaton.com jhimes@labaton.com kgarvey@labaton.com dminerva@labaton.com mperez@labaton.com rjulius@labaton.com - and - Roberta D. Liebenberg, Esq. Paul Costa, Esq. Adam J. Pessin, Esq. FINE, KAPLAN AND BLACK, R.P.C. One South Broad Street, Suite 2300 Philadelphia, PA 19107 Telephone: (215) 567-6565 Facsimile: (215) 568-5872 E-mail: rliebenberg@finekaplan.com pcosta@finekaplan.com apessin@finekaplan.com ACTAVIS HOLDCO: Rochester Drug Files Suit Over Pravastatin Prices ----------------------------------------------------------------- ROCHESTER DRUG CO-OPERATIVE, INC., on behalf of itself and all others similarly situated, Plaintiff, v. ACTAVIS HOLDCO U.S., INC.; APOTEX CORP.; DR. REDDY'S LABORATORIES, INC.; GLENMARK PHARMACEUTICALS INC., USA; LUPIN PHARMACEUTICALS, INC.; MYLAN INC.; MYLAN PHARMACEUTICALS INC.; TEVA PHARMACEUTICALS USA, INC.; and ZYDUS PHARMACEUTICALS (USA) INC., Defendants, Case No. 2:16- cv-06644-CMR (E.D. Pa., December 27, 2016), concerns an alleged anticompetitive conspiracy among Defendants to raise, fix, and maintain prices, allocate markets, and/or rig bids for generic pravastatin. The Defendants are pharmaceutical companies. The Plaintiff is represented by: Dianne M. Nast, Esq. Erin C. Burns, Esq. NASTLAW LLC 1101 Market Street, Suite 2801 Philadelphia, PA 19107 Phone: 215-923-9300 Fax: 215-923-9302 E-mail: dnast@nastlaw.com eburns@nastlaw.com - and - David F. Sorensen, Esq. Nick Urban, Esq. Zachary D. Caplan, Esq. BERGER & MONTAGUE, P.C. 1622 Locust Street Philadelphia, PA 19103 Phone: (215) 875-3000 Fax: (215) 875-4604 E-mail: dsorensen@bm.net nurban@bm.net zcaplan@bm.net - and - Peter Kohn, Esq. Joseph T. Lukens, Esq. FARUQI & FARUQI, LLP 101 Greenwood Avenue, Suite 600 Jenkintown, PA 19046 Phone: (215) 277-5770 Fax: (215) 277-5771 E-mail: pkohn@faruqilaw.com jlukens@faruqilaw.com - and - Barry S. Taus, Esq. Kevin Landau, Esq. Archana Tamoshunas, Esq. TAUS, CEBULASH & LANDAU, LLP 80 Maiden Lane, Suite 1204 New York, NY 10038 Phone: (212) 931-0704 E-mail: btaus@tcllaw.com klandau@tcllaw.com atamoshunas@tcllaw.com ADEPTUS HEALTH: Laborers' Local Alleges Securities Act Violations ----------------------------------------------------------------- Laborers' Local 235 Benefit Funds, Individually and On Behalf of All Others Similarly Situated, Plaintiff, vs. Adeptus Health Inc., Thomas S. Hall, Timothy L. Fielding, Richard Covert, Daniel W. Rosenberg, Gregory W. Scott, Ronald L. Taylor, Jeffery S. Vender, Steven V. Napolitano, Daniel J. Hosler, Stephen M. Mengert, Sterling Partners, Goldman, Sachs & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Evercore Group L.L.C., Morgan Stanley & Co. LLC, Piper Jaffray & Co., RBC Capital Markets LLC, Dougherty & Company LLC, Deutsche Bank Securities Inc., and BMO Capital Markets Corp., Defendants, Case No. 6:16-cv-01391-RWS (E.D. Tex., December 22, 2016), alleges that certain defendants engaged in a fraudulent scheme to artificially inflate the Company's stock price in violation of the U.S. Securities and Exchange Act. Adeptus Health Inc. -- http://adhc.com/-- is a patient-centered healthcare organization. The Plaintiff is represented by: Shorty C. Barrett, Esq. 611 Pecan Street, 71854 Texarkana, AK Phone: (870) 772-2070 Fax: (870) 772-2074 - and - Joseph E. White, III, Esq. Lester R. Hooker, Esq. SAXENA WHITE P.A. 5200 Town Center Circle, Suite 601 Boca Raton, FL 33486 Phone: (561) 394-3399 Fax: (866) 290-1291 Email: jwhite@saxenawhite.com Email: lhooker@saxenawhite.com AMERICAN MEDICAL: Caldera Seeks Certification of Class Under TCPA ----------------------------------------------------------------- The Plaintiff in the lawsuit captioned ARMANDO CALDERA, individually and on behalf of all others similarly situated v. AMERICAN MEDICAL COLLECTION AGENCY, a.k.a. RETRIEVAL-MASTERS CREDITORS BUREAU, INC., Case No. 2:16-cv-00381-CBM-AJW (C.D. Cal.), move the Court for an order granting his motion for class certification concerning alleged violations of the Telephone Consumer Protection Act. Mr. Caldera asks the Court to certify a TCPA Class consisting of: All persons within the United States who had or have a number assigned to a cellular telephone service, who received at least one call using either the Genesis Desktop dialing system or the Aspect 6.5.1 dialing system, from Defendant or its agent between January 1, 2014 and January 1, 2015 for debt collection purposes, who received such a call where Defendant's customer account records indicate that prior to any such calls that Defendant employed a skip trace to locate the phone number it contacted, as identified by Defendant's electronic customer account records by the language "WFBP" or "Created skiptrace." Mr. Caldera also asks the Court to appoint him as Class Representatives, and to appoint his attorneys as Class Counsel. The Court will commence a hearing on January 31, 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=eWwirgft The Plaintiff is represented by: Abbas Kazerounian, Esq. Andrei Armas, Esq. KAZEROUNI LAW GROUP, APC 245 Fischer Avenue, Unit D1 Costa Mesa, CA 92626 Telephone: (800) 400-6808 Facsimile: (800) 520-5523 E-mail: ak@kazlg.com andrei@kazlg.com - and - Joshua B. Swigart, Esq. HYDE & SWIGART 2221 Camino Del Rio South, Suite 101 San Diego, CA 92108 Telephone: (602) 265-3332 Facsimile: (602) 230-4482 E-mail: josh@westcoastlitigation.com - and - Todd M. Friedman, Esq. Adrian R. Bacon, Esq. Thomas E. Wheeler, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St, Suite 780 Woodland Hills, CA 90212 Telephone: (877) 206-4741 Facsimile: (866) 633-0228 E-mail: tfriedman@toddflaw.com abacon@toddflaw.com twheeler@toddflaw.com AMERICAN MIDWAY: Fails to Pay Employees OT, "Smith" Suit Says ------------------------------------------------------------- Patrick Smith, Brenna Smith, Jeremiah Jones, Sierra Holcomb, Michael Galvin, Joseph Dawson, Andries Van Der Walt, Annette Stiles, Robert Hulett, Yvon Hanekom, and Lauren Hanekom, individually and on behalf of others similarly situated v. American Midway Entertainment-Astro Amusement, Inc., Case No. 2016CH16543 (Ill. Cir. Ct., December 22, 2016), is brought against the Defendants for failure to pay overtime wages for work in excess of 40 hours per week. The Defendants own and operate a traveling carnival company that provides food, rides, and games for carnivals and fairs. The Plaintiff is represented by: Matthew J. Piers, Esq. Christopher J. Wilmes, Esq. Charlie Wysong, Esq. HUGHES SOCOL PIERS RESNICK & DYM, LTD. Three First National Plaza 70 West Madison Street, Suite 4000 Chicago, IL 60602 Telephone: (312) 580-0100 E-mail: mpiers@hsplegal.com cwilmes@hsplegal.com cwysong@hsplegal.com AMR STAFFING: "Smith" Suit Seeks Damages Under Labor Code --------------------------------------------------------- JOSEPH SMITH, an individual, individually and on behalf of himself and on behalf of others similarly situated, the Plaintiff, v. AMR STAFFING, INC., a California Corporation; and DOES 1 through 53 inclusive, the Defendant, Case No. BC644678 (Cal. Super. Ct., Dec. 21, 2016), seeks damages and injunctive relief from Defendant's Labor Code violations. Plaintiff was hired as a reach operator, which meant he was responsible for driving a forklift and was responsible for moving National's merchandise throughout the distribution center. Up until October 20, 2016, Plaintiff remained an employee of Defendant AMR. National hired Plaintiff on a full time basis on October 21, 2016. Despite now being an employee of National, Plaintiff's duties have not changed. When Plaintiff was placed with National by Defendant, he was told that the position required that he work approximately 8 hours per day. In reality, Plaintiff averaged working at least 60 hours per week. Plaintiff contends that every other day he works at least 10 hours and on Fridays he works approximately 12 hour days. Plaintiff has worked as many as 22 days straight without a day off. Defendant has a policy that they do not pay their employees double time for work over 12 hours per day or 60 hours per week. AMR is a full service staffing agency that specializes in both finding the right employees for their employer clients as well as finding temporary to permanent employment positions for individuals looking for employment. The Plaintiff is represented by: Michael Crosner, Esq. Zachary Miles Crosner, Esq. CROSNER LEGAL P.C. 433 N. Camden Drive, Suite 400 Beverly Hills, CA 90210 Telephone: (310) 496 5818 Facsimile: (310) 510 6429 ANGELS OF THE WORLD: N.Y. Suit Seeks to Recover Unpaid Wages ------------------------------------------------------------ Princess Peters, individually and on behalf of others similarly situated v. Angels of The World, Inc. d/b/a Club Angels, George Stoupas, Case No. 610091/2016 (N.Y. Sup. Ct., December 22, 2016), seeks to recover unpaid minimum wages, illegally retained tips, and improperly withheld wages pursuant to the New York Labor Law. The Defendants own and operate a restaurant located at 32-17 College Point Blvd., Flushing, NY 11354. The Plaintiff is represented by: Laura R. Reznick, Esq. Jeffrey K. Brown, Esq. Michael A. Tompkins, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, NY 11514 Telephone: (516) 873-9550 ARTISAN SCREEN: "Ibarra" Suit Seeks Earned Wages Under Labor Code ----------------------------------------------------------------- LUIS IBARRA individually and on behalf of others similarly situated and aggrieved, the Plaintiff, v. ARTISAN SCREEN PRINTING, INC., a California corporation; VASANT DOBARIA an individual; PRAFUL BAJARIA an individual; C.P. KHENI an individual; and DOES 1-50, inclusive, the Defendants, Case No. BC644708 (Cal. Super. Ct., Dec. 21, 2016), seeks all wages earned and due, plus interest, and all available statutory penalties, including, but not limited to, civil penalties pursuant to California Labor Code. According to the complaint, the Defendants have policies and practices of not paying Plaintiff and Class Members all wages earned and due, through methods and schemes which include, but are not limited to, failing to pay minimum wages, overtime premiums; failing to provide rest and meal periods; failing to properly maintain records; failing to provide accurate itemized statements for each pay period; failing to properly compensate Plaintiff and Class Members for necessary expenditures; and requiring, permitting or suffering the employees to work off the clock, in violation of the California Labor Code and the applicable Welfare Commission IWC Wage Orders. Artisan Screen Prints offers a full range of screen-printing services and only screen-printing services. The Plaintiff is represented by: Matthew J. Matem, Esq. Joshua D. Boxer, Esq. Roy K. Suh, Esq. MATERN LAW GROUP, PC 1230 Rosecrans Avenue, Suite 200 Manhattan Beach, CA 90266 Telephone: (310) 531 1900 Facsimile: (310) 531 1901 BALFOUR BEATTY: "Herrera" Lawsuit Alleges Failure to Pay Wages -------------------------------------------------------------- JUAN HERRERA, on behalf of himself and similarly situated employees, Plaintiff, v. BALFOUR BEATTY INFRASTRUCTURE, INC., Defendant, Case No. 1:16-cv-02549-SHR (M.D. Pa., December 27, 2016), was brought for Defendant's alleged failure to pay any compensation, including overtime premium compensation, under the Fair Labor Standards Act. Defendant operates a Balfour Beatty Rail Division that provides construction and maintenance services for railroads throughout the United States. The Plaintiff is represented by: Peter Winebrake, Esq. R. Andrew Santillo, Esq. Mark J. Gottesfeld, Esq. WINEBRAKE & SANTILLO, LLC 715 Twining Road, Suite 211 Dresher, PA 19025 BANKERS TRUST: Faces "Innis" Lawsuit Alleging ERISA Violations -------------------------------------------------------------- DEBORAH INNIS, on behalf of the Telligen, Inc. Employee Stock Ownership Plan, and on behalf of a class of all other persons similarly situated, Plaintiff, v. BANKERS TRUST COMPANY OF SOUTH DAKOTA, a South Dakota Corporation, Defendant, Case No. 4:16-cv-00650-RGE-SBJ (S.D. Iowa, December 27, 2016), was brought under the Employee Retirement Income Security Act to seek redress for losses suffered by the Telligen, Inc. Employee Stock Ownership Plan, and other relief, caused by Bankers Trust Company of South Dakota when it authorized the Plan to buy shares of Telligen in 2013 for more than fair market value. Bankers Trust Company of South Dakota is a privately owned investment manager. The Plaintiff is represented by: Brad J. Brady, Esq. BRADY PRESTON BROWN PC 2735 First Avenue SE Cedar Rapids, IA 52402 Phone: (319) 866-9277 Fax: (319) 866-9280 E-mail: bbrady@bradyprestonbrown.com - and - Gregory Y. Porter, Esq. Ryan T. Jenny, Esq. Patrick O. Muench, Esq. BAILEY & GLASSER LLP 1054 31st Street, NW, Suite 230 Washington, DC 20007 Phone: (202) 463-2101 Fax: (202) 463-2103 E-mail: gporter@baileyglasser.com rjenny@baileyglasser.com BENTZYS CONSTRUCTION: "Sanchez" Suit Seeks to Recover Unpaid OT --------------------------------------------------------------- Jose Sanchez, individually and on behalf of all others similarly situated v. Bentzys Construction, Inc., BMWW Construction, Inc., Bentzion Werzberger, and Mendel Werzberger, Case No. 1:16-cv-07072 (E.D.N.Y., December 22, 2016), seeks to recover overtime compensation and other damages pursuant to the Fair Labor Standards Act. The Defendants own and operate a commercial and residential roofing and waterproofing company located at 884 McDonald Ave., Brooklyn, New York 11218. The Plaintiff is represented by: Brian S. Schaffer, Esq. Nicholas P. Melito, Esq. FITAPELLI & SCHAFFER, LLP 28 Liberty Street, 30th Floor New York, NY 10005 Telephone: (212) 300-0375 BRAND SCAFFOLD: Faces "Bernal" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Ramiro Bernal, on behalf of himself and all others similarly situated, and on behalf of the general public v. Brand Scaffold Services, Inc., and Does 1 through 10, inclusive, Case No. BC644771 (Cal. Super. Ct., December 22, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the California Labor Code. Brand Scaffold Services, Inc. provides specialty services to the global energy, industrial, and infrastructure markets. The Plaintiff is represented by: Roman Otkupman, Esq. Rita Leong, Esq. OTKUPMAN LAW FIRM 21800 Oxnard Street, Suite 1160 Woodland Hills, CA 91367 Telephone: (818) 293-5623 Facsimile: (888) 850-1310 E-mail: Roman@OLFLA.com Rila@OLFLA.com BRICCO RESTAURANT: "Camas" Sues for Overtime, Lack of Pay Stubs --------------------------------------------------------------- Luis Camas, individually and on behalf of all others similarly situated, Plaintiff, v. Bricco Restaurant Corp. and Nino Catuogno, Defendants, Case No. 1:16-cv-09914, (S.D. N.Y., December 23, 2016), seeks unpaid minimum wage, unpaid overtime, liquidated damages, reasonable attorneys' fees and costs and all other appropriate legal and equitable relief pursuant to the Fair Labor Standards Act and New York Labor Laws. Plaintiff worked as a busser in Defendant's Italian restaurant located at 304 W 56th St., Net York NY 10019, managed by Nino Catuogno. He claims to have been denied overtime pay and accurate pay stubs. Plaintiff is represented by: Gennadiy Naydenskiy, Esq. NAYDENSKIY LAW GROUP, P.C. 1517 Voorhies Ave, 2nd Fl. Brooklyn, NY 11235 Tel: (718) 808-2224 Email: naydenskiylaw@gmai1.com BRINDERSON CONSTRUCTORS: "Tate" Suit Removed to C.D. California --------------------------------------------------------------- The class action lawsuit styled Vivian Tate, on behalf of herself, and all others similarly situated v. Brinderson Constructors Inc., ConocoPhillips Company, Tesoro Refining & Marketing Company LLC, and ExxonMobil Oil Corporation, Case No. 3:16-cv-04314, was removed from the Northern District of California-San Francisco to the U.S. District Court for the Central District Of California (Western Division - Los Angeles). The Central District Court Clerk assigned Case No. 2:16-cv-09451-FMO-RAO to the proceeding. The case alleges violation of the Fair Labor Standards Act. The Defendants own and operate a construction company located at 6400 Goodyear Rd, Benicia, CA 94510. The Plaintiff is represented by: Chaim Shaun Setareh, Esq. Thomas Alistair Segal, Esq. SETAREH LAW GROUP 9454 Wilshire Boulevard, Suite 907 Beverly Hills, CA 90212-2937 Telephone: (310) 888-7771 Facsimile: (310) 888-0109 E-mail: chaim@setarehlaw.com thomas@setarehlaw.com The Defendant is represented by: Lisa M. Bertain, Esq. Nathan Randall Jaskowiak, Esq. KEESAL YOUNG AND LOGAN 450 Pacific Avenue San Francisco, CA 94133 Telephone: (415) 398-6000 Facsimile: (415) 981-0136 E-mail: lisa.bertain@kyl.com nathan.jaskowiak@kyl.com BROCADE COMMUNICATIONS: Onerous Merger Deal Hit in "Bragan" Action -------------------------------------------------------- Douglas Bragan, Individually and on behalf of all others similarly situated, Plaintiff, v. Brocade Communications Systems, Inc., Judy Bruner, Lloyd A. Carney., Renato A. Dipentima, Alan L. Earhart, John W. Gerdelman, Kim C. Goodman, David L. House, L. William Krause, David E. Roberson, Sanjay Vaswani, Broadcom Limited, Broadcom Corporation and Bobcat Merger Sub, Inc., Defendants, Case No. 4:16-cv-07271 (N.D. Fla., December 20, 2016), seeks to enjoin a merger and recover damages resulting from the individual defendants' violations of their fiduciary duties and the Securities and exchange Act of 1934. Brocade is a supplier of networking hardware, software, and services, including Storage Area Networking solutions and Internet Protocol Networking solutions, for businesses and organizations of various types and sizes. Brocade's Board of Directors entered into an agreement and plan of merger with Broadcom where shareholders of Brocade will receive $12.75 in cash for each share of Brocade common stock owned. The deal allegedly was one-sided in favor of Broadcom and eliminated all other possibilities of better offers. The Plaintiff is represented by: Evan J. Smith, Esq. BRODSKI & SMITH, LLC 9595 Wilshire Blvd., Suite 900 Beverly Hills CA Telephone: (877) 834-2590 - and - Daniel Kuznicki BROWER PIVEN 475 Park Ave. South, 33rd Floor New York, NY Tel: (212) 501-9000 CALPORTLAND: Does Not Properly Pay Workers, "Menchaca" Suit Says ---------------------------------------------------------------- Luis Menchaca, an individual, on behalf of himself and all others similarly situated v. Calportland Company and Does 1 through 50, inclusive, Case No. BC644329 (Cal. Super. Ct., December 19, 2016), is brought against the Defendants for failure to pay minimum and overtime wages pursuant to the California Labor Code. Calportland Company manufactures and distributes construction supplies and building materials. The Plaintiff is represented by: David Yeremian, Esq. Enoch J. Kim, Esq. DAVID YEREMIAN & ASSOCIATES, INC. 535 N. Brand Blvd., Suite 705 Glendale, CA 91203 Telephone: (818) 230-8380 Facsimile: (818) 230-0308 E-mail: david@yeremianlaw.com enoch@yeremianlaw.com CAREGIVERS FOR INDEPENDENCE: Lee Moves to Certify Workers Class --------------------------------------------------------------- The Plaintiff in the case captioned titled BOBBI LEE, individually and on behalf of all others similarly situated v. CAREGIVERS FOR INDEPENDENCE, LLC, et al., Case No. 1:16-cv-00946-MRB (S.D. Ohio), moves the Court to conditionally certify the case as a Fair Labor Standards Act collective action and to approve notice. The proposed class is defined to include: All current and former group healthcare workers employed by Caregivers for Independence, LLC, James Couch, Phyllis "Sue" Couch and James Couch, II, and/or any of its or their affiliated entities who were not paid overtime for all hours worked over 40 in a work week since September 23, 2013. Bobbi Lee and other similarly situated employees (FLSA Collective Members) were employed by the Defendants -- Caregivers for Independence, LLC, James Couch, Phyllis "Sue" Couch, and James Couch, II -- as healthcare workers to provide care for elderly, ill or disabled clients in group homes owned or operated by the Defendants. The lawsuit challenges the Defendants' alleged common policy of not paying healthcare workers overtime for all hours over 40 worked in a workweek. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=3fbnTBhB The Plaintiff is represented by: Andrew Kimble, Esq. KIMBLE LAW 165 Old Henderson Road Columbus, OH 43220 Telephone: (614) 983-0361 Facsimile: (614) 448-9408 E-mail: andrew@kimblelawoffice.com - and - Philip Bohrer, Esq. Scott E. Brady, Esq. BOHRER BRADY LLC 8712 Jefferson Highway, Suite B Baton Rouge, LA 70809 Telephone: (225) 925-5297 Facsimile: (225) 231-7000 E-mail: Phil@bohrerbrady.com Scott@bohrerbrady.com CAVALRY PORTFOLIO: Illegally Collects Debt, "Herrera" Suit Says --------------------------------------------------------------- Erwin W. Herrera, on behalf of himself and all others similarly situated v. Cavalry Portfolio Services, LLC, Case No. 2:16-cv- 07019 (E.D.N.Y., December 21, 2016), seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Cavalry Portfolio Services, LLC operates a debt collection firm based in Valhalla, New York. Erwin W. Herrera is a pro se plaintiff. CCB CREDIT: Court Certifies N.J. Consumers Class in "Chung" Suit ---------------------------------------------------------------- The Hon. Kevin McNulty certifies the action styled HYUN SOON CHUNG, on behalf of herself and those similarly situated v. CCB CREDIT SERVICES, INC.; and JOHN DOES 1 to 10, Case No. 2:15-cv- 05198-KM-MAH (D.N.J.), as a class action. The "Settlement Class" is defined as: All Consumers who reside in the State of New Jersey to whom CCB Credit Services, Inc. mailed a written communication during the period beginning July 15, 2014, and ending July 15, 2015, in an attempt to collect a debt on behalf of First National Bank of Omaha, which were mailed in a windowed envelope such that the file number or QR Code containing the file number associated with the Debt was visible from the outside of the envelope. Judge McNulty appoints the Plaintiff as the Class Representative, the Plaintiffs' counsel as Class Counsel, and Heffler Claims Group as the Settlement Administrator to administer notice to the class and the settlement. The Court approves the Parties' proposed Class Notice and directs that it be mailed to the last known address of each member of the Settlement Class as shown in CCB's business records. The Class Notice must be mailed by January 30, 2017. Settlement Class Members will have until March 17, 2017, to exclude themselves from, or object to, the proposed settlement. To be effective, any request for exclusion or objection must be postmarked by March 17. A final hearing on the fairness and reasonableness of the Agreement and whether final approval will be given to it and the requests for fees and expenses by Class Counsel will be held on March 17, 2017, at 10:00 a.m. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=8ZqxYjh6 The Plaintiff is represented by: Andrew T. Thomasson, Esq. Philip D. Stern, Esq. STERN THOMASSON LLP 150 Morris Avenue, 2nd Floor Springfield, NJ 07081-1329 Telephone: (973) 379-7500 Facsimile: (973) 532-5868 E-mail: andrew@sternthomasson.com philip@sternthomasson.com - and - Yongmoon Kim, Esq. KIM LAW FIRM LLC 411 Hackensack Avenue, Suite 200 Hackensack, NJ 07601 Telephone: (201) 273-7117 E-mail: ykim@kimlf.com CREVE COEUR: Unpaid Overtime Claimed in "Anderson" Labor Suit ------------------------------------------------------------- Toria Anderson and Wendy Medina, individually, and on behalf of others similarly situated, Plaintiffs, v. Creve Coeur Urgent Care LLC, Downtown Urgent Care LLC, Eureka Clinic LLC, North City Urgent Care LLC, UCSL LLC, doing business as "St. Louis St. Louis Urgent Cares," and Sonny Saggar, Defendants, Case No. 4:16-cv- 02136 (E.D. Mo., December 22, 2016), seeks declaratory relief and unpaid minimum wages and overtime, liquidated damages, fees and costs and any other remedies under the Fair Labor Standards Act and the Missouri Minimum Wage Law. Defendants have operated as a single integrated medical facility doing business as "St. Louis Urgent Cares" where Toria Anderson and Wendy Medina worked as Medical Assistants at Defendants' facilities located at 916 Olive Street, St. Louis, Missouri 63101. Irrespective of which medical facility they were working for Plaintiffs reported to the same supervisors and managers, including Sonny Saggar and Renita Barnes. The Plaintiff is represented by: Anthony M. Pezzani, Esq. ENGELMEYER & PEZZANI, LLC 13321 N. Outer Forty Road, Suite 300 Chesterfield, MO 63017 Tel: (636) 532-9933 Fax: (314) 863-7793 Email: tony@epfirm.com - and - Jason T. Brown, Esq. Nicholas Conlon, Esq. JTB LAW GROUP, L.L.C. 155 2nd Street, Suite 4 Jersey City, NJ 07302 Phone: (877) 561-0000 Email: jtb@jtblawgroup.com nicholasconlon@jtblawgroup.com CWL INVESTMENTS: Faces "Ruder" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Jared Ruder, on behalf of himself and all others similarly situated v. CWL Investments, LLC, Case No. 2:16-cv-04460-DGC (D. Ariz., December 19, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. CWL Investments, LLC owns and operates Jimmy John's franchised locations in Michigan. The Plaintiff is represented by: Nicholas J. Enoch, Esq. Emily A. Tornabene, Esq. Stanley Lubin, Esq. LUBIN & ENOCH, P.C. 349 North Fourth Avenue Phoenix, AR 85003 Telephone: (602) 234-0008 Facsimile: (602) 626-3586 E-mail: nick@lubinandenoch.com - and - Justin M. Swartz, Esq. OUTTEN & GOLDEN LLP 3 Park Avenue, 29th Floor New York, NY 10016 Telephone: (212) 245-1000 Facsimile: (212) 977-4005 E-mail: jms@outtengolden.com - and - Seth R. Lesser, Esq. KLAFTER OLSEN & LESSER LLP Two International Drive, Suite 350 Rye Brook, NY 10573 Telephone: (914) 934-9200 Facsimile: (914) 934-9220 E-mail: seth@klafterolsen.com - and - Drew Legando, Esq. LANDSKRONER GRIECO MERRIMAN, LLC 1360 West 9th Street, Suite 200 Cleveland, OH 44113 Telephone: (216) 522-9000 Facsimile: (216) 522-9007 E-mail: drew@lgmlegal.com DGD TRANSPORT: Fails to Pay Employees Overtime, Action Claims ------------------------------------------------------------- Javier Rappard, on behalf of himself and others similarly situated v. DGD Transport, L.L.C. and Luis Lopez, Case No. 1:16- cv-25252-MGC (S.D. Fla., December 19, 2016), is brought against the Defendants for failure to pay overtime wages for work in excess of 40 hours per week. The Defendants operate a 3PL entity that facilitates distribution and fulfillment services on behalf of other companies in and out of the State of Florida. The Plaintiff is represented by: Paul M. Botros, Esq. MORGAN & MORGAN, P.A. 600 N. Pine Island Rd., Suite 400 Plantation, FL 33324 Telephone: (954) 318-0268 Facsimile: (954) 333-3517 E-mail: PBotros@forthepeople.com DOUGH BOY FRESH: "Brandenburg" Suit Seeks Overtime Pay ------------------------------------------------------ Thomas Brandenburg, on behalf of himself and those similarly situated, Plaintiff, v. Cousin Vinny's Pizza, LLC, CVP17, LLC, Cousin Vinny's Pizzeria, L.L.C., Cousin Vinny's #9 LLC, Third Day Pizzeria, LLC, R&M Pizzeria, LLC, CVP014 LLC, CVP 16 LLC, CVP18 LLC, CVP19 LLC, CVP DNC LLC, CVP Royality LLC, Dough Boy Fresh LLC, CVP Dough LLC, CVP Dough 2, LLC, and Mo Rashad, Defendants, Case No. 3:16-cv-00516 (S.D. Ohio., December 23, 2016), seeks appropriate monetary, declaratory, and equitable relief based on Defendants' willful failure to compensate Plaintiff and similarly- situated individuals with minimum and overtime wages as required by the Fair Labor Standards Act and the Ohio Minimum Fair Wage Standards Act. Defendants collectively operate seventeen Cousin Vinny's Pizza restaurants as a single integrated enterprise primarily in the Dayton, Ohio area, where Plaintiff worked at Defendants' Huber Heights restaurant as a delivery driver. He claims to have been denied mandated minimum wage for all hours worked and minimum overtime rate for hours worked in excess of 40 per workweek. Plaintiff is represented by: Andrew Biller, Esq. Eric Kmetz, Esq. MARKOVITS, STOCK & DEMARCO, LLC Easton Town Center 4200 Regent Street, Suite 200 Columbus, OH 43219 Tel: (614) 604-8759 Fax: (614) 583-8107 Email: abiller@msdlegal.com ekmetz@msdlegal.com - and - Andrew Kimble, Esq. KIMBLE LAW, LLC 1675 Old Henderson Road Columbus, OH 43220 Tel: (614) 983-0361 Fax: (614) 448-9408 Email: andrew@kimblelawoffice.com ECLINICAL WORKS: Has Made Unsolicited Calls, Licari Suit Claims --------------------------------------------------------------- Licari Family Chiropractic Inc. and Peter Licari, individually and as the representative of a class of similarly-situated persons v. Eclinical Works, LLC, Eclinicaldirect, LLC, Eclinicalweb, LLC, and John Does 1-10, Case No. 8:16-cv-03461-MSS-JSS (M.D. Fla., December 21, 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. The Defendants own and operate a medical software solution company in Florida. The Plaintiff is represented by: Ryan M. Kelly, Esq. ANDERSON & WANCA 3701 Algonquin Rd., Suite 760 Rolling Meadows, IL 60008 Telephone: (847) 368-1500 Facsimile: (847) 368-1501 E-mail: rkelly@andersonwanca.com ENTERPRISE TITLE: "Wilson" Suit Seeks to Recover Unpaid OT Wages ---------------------------------------------------------------- Dorinda Wilson, individually on behalf of itself and all others similarly situated v. Enterprise Title, Inc. and Donna W. Straus, Case No. 0:16-cv-62984-CMA (S.D. Fla., December 19, 2016), seeks to recover unpaid overtime wages, unpaid commissions, and an additional equal amount in liquidated damages pursuant to the Fair Labor Standards Act. The Defendants are engaged in the business of determining the legitimacy of title for a real estate transaction, and providing title insurance. The Plaintiff is represented by: Shawn L. Birken, Esq. LAW OFFICES OF SHAWN L. BIRKEN, P.A. 100 SE 3rd Ave., Suite 1300 Fort Lauderdale, FL 33394 Telephone: (954) 990-4459 Facsimile: (954) 990-4469 E-mail: sbirken@birken-law.com ES MEDICAL: Mussat's Bid to Certify Granted; Hearing on Jan. 11 --------------------------------------------------------------- The Hon. Ronald A. Guzman grants the Plaintiff's motion for class certification filed in the lawsuit titled Florence Mussat, M.D. S.C., individually and on behalf of similarly situated persons v. E.S. Medical Equipment and Supplies, Case No. 1:16-cv-01240 (N.D. Ill.). Judge Guzman said that he is satisfied that the class is ascertainable based on this (amended) definition: All persons and entities who were successfully sent a fax [on X date(s)] in the form of Exhibit A, advertising products available at www.esmedical.com "offering 2 discounts on all products for all of 2016." The Court ordered the Plaintiff to file an amended class definition, consistent with the Order, within 14 days. A status hearing is set for January 11, 2017, at 9:30 a.m. The Case is a putative "junk fax" class action under the Telephone Consumer Protection Act. The Plaintiff claims that she and other similarly-situated doctors and doctors' offices were sent unsolicited fax advertisements from the Defendant. Those faxes, moreover, did not contain an "opt-out" notice as required by the TCPA, she asserts. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=MBsr89CJ ETERNITY FLOORS: Sued in Cal. Super. Ct. Over Laminate Flooring --------------------------------------------------------------- CHRISTOPHER SANTIAGO, and JULIA SANTIAGO, individually, on behalf of themselves and all others similarly situated, the Plaintiffs, v. ETERNITY FLOORS d/b/a L.A. HARDWOOD FLOORING, INC., a California Corporation; CAMILO MONTEALEGRE, an individual; and DOES 1-50, inclusive, the Defendant, Case No. BC644600 (Cal. Super. Ct., Dec. 21, 2016), seeks order of the Court requiring Defendants to disgorge all ill-gotten gains and awarding Plaintiffs and the Class full restitution of all monies wrongfully acquired by Defendants. The case is about breach of warranty, fraudulent omission/concealment, and state statutory class action on behalf of all persons in California who purchased Chinese-made laminate flooring distributed and sold under the Eternity Floors brand name. The Defendants designed, manufactured, distributed and sold Chinese-manufactured laminate flooring (the "Flooring") that failed to meet certain advertised industry standards, including the California Air Resources Board (CARB) regulations concerning formaldehyde emissions, and the "AC" durability rating. Laminate flooring is considered in the industry as a commodity product, in the sense that its construction is relatively uniform across brands and models, with each seller competing largely on the basis of price. Eternity Flooring is a leading manufacturer and distributor of laminate flooring in the industry. The Plaintiffs are represented by: ROBERTSON & ASSOCIATES, LLP Alexander Robertson, IV, Esq. Mark J. Uyeno, Esq. 32121 Lindero Canyon Road, Suite 200 Westlake Village, CA 91361 Telephone (818) 851 3850 Facsimile (818) 851 3851 E-mail: arobertson@arobertsonlaw.com muyeno@arobertsonlaw.com - and - WHITFIELD BRYSON & MASON Daniel K. Bryson, Esq. Patrick M. Wallace, Esq. 900 W. Morgan Street Raleigh, NC 27609 Telephone (919) 600 5000 Facsimile (919) 600 5035 E-mail: dan@wbmllp.com pat@wbmllp.com FLEETONE LLC: Swinter Group Seeks Class Certification Under TCPA ---------------------------------------------------------------- The Plaintiff in the lawsuit entitled SWINTER GROUP, INC. v. FLEETONE, L.L.C., Case No. 4:16-cv-01464-JAR (E.D. Mo.), asks the Court certify as a class its claims against the Defendant for alleged violation of the Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Prevention Act of 2005. Swinter Group also moves to stay briefing and ruling on its Motion until completion of discovery and upon further order of the Court. The Plaintiff asks that the Motion be held in abeyance in order to avoid granting the Defendant a strategic advantage, allowing the Defendant to make an offer of judgment under Rule 68 of the Federal Rules of Civil Procedure, a common, but now discredited strategy by defendants to "pick off" named plaintiffs when no motion for class certification has been granted. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=9GOPyMup The Plaintiff is represented by: Ronald J. Eisenberg, Esq. Robert Schultz, Esq. SCHULTZ & ASSOCIATES LLP 640 Cepi Drive, Suite A Chesterfield, MO 63005-1221 Telephone: (636) 537-4645 Facsimile: (636) 537-2599 E-mail: reisenberg@sl-lawyers.com rschultz@sl-lawyers.com FOUGERA PHARMACEUTICALS: Sued Over Fluocinonide Price-Fixing ------------------------------------------------------------ CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Plaintiff, v. FOUGERA PHARMACEUTICALS, INC.; NOVARTIS AG; SANDOZ, INC.; TARO PHARMACEUTICAL INDUSTRIES, LTD.; TARO PHARMACEUTICALS USA, INC.; TEVA PHARMACEUTICALS USA INC.; and SUN PHARMACEUTICAL INDUSTRIES, INC., Defendants, Case No. 1:16-cv- 09956 (S.D.N.Y., December 27, 2016), alleges a conspiracy to artificially fix, raise, maintain and/or stabilize the prices of generic fluocinonide. The Defendants are pharmaceutical companies. The Plaintiff is represented by: Linda P. Nussbaum, Esq. NUSSBAUM LAW GROUP, P.C. 1211 Avenue of the Americas 40th Floor New York, NY 10036-8718 Phone: (917) 438-9189 E-mail: lnussbaum@nussbaumpc.com - and - Juan R. Rivera Font, Esq. JUAN R. RIVERA FONT LLC Ave. Gonzalez Giusti #27, Suite 602 Guaynabo, PR 00968 Phone: (787) 751-5290 E-mail: juan@riverafont.com FOUGERA PHARMACEUTICALS: FWK Sues Over Overpriced Clobetasol ------------------------------------------------------------ FWK Holdings, L.L.C., on behalf of itself and all others similarly situated, Plaintiff, v. Fougera Pharmaceuticals, Inc., Hi-Tech Pharmacal Co., Inc., Perrigo Company PLC, Sandoz, Inc., Taro Pharmaceutical Industries, Ltd., Taro Pharmaceuticals USA, Inc. and Wockhardt USA LLC, Novartis AG, Akom, Inc. and Morton Grove Pharmaceuticals, Inc., Defendants, Case No. 1:16-cv-09897, (S.D. N.Y., December 23, 2016), seeks damages sustained and injunctive relief resulting from overcharging of generic Clobetasol in violation of the Sherman Act. FWK Holdings, L.L.C., an Illinois limited liability company located in Glen Ellyn, Illinois and as the assignee of antitrust claims possessed by Frank W. Kerr Company, brings this action as successor-in-interest to Kerr's claims arising from its purchase of Clobetasol. Fougera Pharmaceuticals Inc. is a New York corporation with its principal place of business in Melville, New York. Fougera is a specialty dermatology generic pharmaceutical company that markets and sells generic Clobetasol throughout the United States. Fougera is a wholly owned subsidiary of Defendant Sandoz, Inc., a Colorado corporation with its principal place of business in Princeton, New Jersey. It deals in generic pharmaceuticals and bio-similars and is a subsidiary of Defendant Novartis AG. Hi-Tech Pharmacal Co., Inc., a subsidiary of Akorn, Inc., is a Delaware corporation with its principal place of business in Amityville, New York. It markets and sells Clobetasol throughout the United States. Perrigo Company PLC is incorporated under the laws of Ireland with its principal place of business in Dublin, Ireland. Perrigo's North American base of operations is located at 515 Eastern Avenue, Allegan, Michigan 49010, where Perrigo's domestic subsidiaries are pharmaceuticals manufacturers. Taro Pharmaceuticals USA, Inc. is a New York corporation with its principal place of business in Hawthorne, New York. It is an owned subsidiary of Taro Pharmaceutical Industries, Ltd. Wockhardt Ltd., an international pharmaceutical and biotechnology company headquartered in Mumbai, India, manufactures, markets and sells generic drugs, including Clobetasol, throughout the United States. Wockhardt maintains manufacturing plants and substantial operations in the United States, including its wholly-owned subsidiary Morton Grove Pharmaceuticals, Inc., through which it sold Clobetasol products to customers in the United States. Plaintiff is represented by: Robert N. Kaplan, Esq. Richard J. Kilsheimer, Esq. Jeffrey P. Campisi, Esq. Joshua Saltzman, Esq. KAPLAN FOX & KILSHEIMER LLP 850 Third Avenue, 14th Floor New York, NY 10022 Telephone: (212) 687-1980 Facsimile: (212) 687-7714 Email: rkaplan@kaplanfox.com rkilsheimer@kaplanfox.com jcampisi@kaplanfox.com jsaltzman@kaplanfox.com - and - Thomas M. Sobol, Esq. David S. Nalven, Esq. Lauren Guth Barnes, Esq. Kiersten Taylor, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 55 Cambridge Parkway, Suite 301 Cambridge, MA 02142 Tel: (617) 482-3700 Fax: (617) 482-3003 Email: tom@hbsslaw.com davidn@hbsslaw.com lauren@hbsslaw.com kiersten@hbsslaw.com - and - Joseph M. Vanek, Esq. David P. Germaine, Esq. VANEK, VICKERS & MASINI P.C. 55 W. Monroe, Suite 3500 Chicago, IL 60603 Tel: (312) 224-1500 Fax: (312) 224-1510 E-mail: Jvanek@vaneklaw.com Dgermaine@vaneklaw.com GENERAL NUTRITION: Faces "Harrison" Suit Over "False" Advertising ----------------------------------------------------------------- KENNETH HARRISON, an individual on behalf of himself and all others similarly situated, Plaintiff v. GENERAL NUTRITION CENTERS, INC.; GNC HOLDINGS, INC. and DOES 1 through 25, inclusive, Defendants, Case No. 3:16-cv-03086-AJB-WVG (S.D. Cal., December 23, 2016), alleges false, fabricated, arbitrary, inaccurate, deceptive, misleading unlawful advertised price discounts by Defendant(s) on products in violation of the California Consumer Legal Remedies Act, the Unfair Competition Law and the False Advertising Law. General Nutrition Centers, Inc. and GNC Holdings, Inc. is an online retailer that sells products through its website http://www.gnc.com The Plaintiff is represented by: Reuben D. Nathan, Esq. NATHAN & ASSOCIATES, APC 600 W. Broadway, Suite 700 San Diego, CA 92101 Phone: (619) 272-7014 Fax: (619) 330-1819 E-mail: rnathan@nathanlawpractice.com - and - Ross Cornell, Esq. 111 W. Ocean Blvd., Suite 400 Long Beach, CA 90802 Phone: (562) 612-1708 Fax: (562) 394-9556 Email: ross.law@me.com GILEAD GROUP: Overtime Pay Claimed in "Adams" Labor Suit -------------------------------------------------------- Rowland Jeffery Adams, on behalf of himself and all similarly situated individuals, Plaintiff, v. Gilead Group, LLC, Realtime Results, LLC, Diane Kopitsky, individually and John McFerron, individually, Defendants, Case No. 3:16-cv-01566, (M.D. Fla., December 22, 2015), seeks to recover unpaid back wages, an additional equal amount as liquidated damages, obtain declaratory relief, and reasonable attorney's fees and costs pursuant to the Fair Labor Standards Act. Defendants provided collection, retention and equipment retrieval service for its customers. Plaintiff worked for Defendants as a Field Collection Agent or Retention Specialist from approximately May 2014 to November 2015. Defendants, through their payment policy, shaved Plaintiff's overtime hours worked and forced him to work off-the-clock and did not compensate him for his hours worked over 40. Plaintiff is represented by: Michael N. Hanna, Esq. MORGAN & MORGAN, P.A. 600 N. Pine Island Road, Suite 400 Plantation, FL 33324 Telephone: (954) 318-0268 Facsimile: (954) 327-3016 Email: MHanna@forthepeople.com HARMAN INTERNATIONAL: Board Faces "Nampally" Suit Over Merger ------------------------------------------------------------- HARINATH NAMPALLY, individually and on behalf of all others similarly situated, Plaintiff, v. DINESH PALIWAL, ADRIANE BROWN, JOHN DIERCKSEN, ANN MCLAUGHLIN KOROLOGOS, EDWARD MEYER, ROBERT NAIL, AVI REICHENTAL, KENNETH REISS, HELLENE RUNTAGH, FRANK SKLARSKY, and GARY STEEL, Defendants, Case No. 13001- (Del. Ch., December 22, 2016), alleges that a merger between Harman International Industries, Incorporated and Korea-based Samsung Electronics Co., Ltd. is flawed and unfair because the Board of Harman negotiated only with Samsung and deliberately chose not to contact a single other potentially-interested party or conduct a pre-signing market check to attempt to maximize stockholder value. Harman International Industries, Incorporated designs and engineers connected products and solutions for automakers. The Plaintiff is represented by: James R. Banko, Esq. Michael Van Gorder, Esq. FARUQI & FARUQI, LLP 20 Montchanin Road, Suite 145 Wilmington, DE 19807 Phone: (302) 482-3182 E-mail: jbanko@faruqilaw.com mvangorder@faruqilaw.com - and - Shannon L. Hopkins, Esq. Sebastiano Tornatore, Esq. Meghan K. Daley, Esq. LEVI & KORSINSKY, LLP 733 Summer Street, Suite 304 Stamford, CT 06901 Phone: (212) 363-7500 Fax: (866) 367-6510 - and - Juan E. Monteverde, Esq. MONTEVERDE & ASSOCIATES PC The Empire State Building 350 Fifth Avenue, 59th Floor New York, NY 10118 Phone: (212) 971-1341 Fax: (212) 601-2610 HARMLESS HARVEST: "Guoliang" Suit Alleges False Ad of Coco Water ---------------------------------------------------------------- GUOLIANG MA, ELIZABETH PEGUERO, SHARON MANIER, and KIN FAI LAU, on behalf of themselves and all others similarly situated, Plaintiffs, v. HARMLESS HARVEST, INC., Defendant, Case No. 2:16- cv-07102 (E.D.N.Y., December 23, 2016), alleges that Defendant falsely labeled, packaged and advertised its Coconut Water Products as "100% ORGANIC" and "USDA ORGANIC" and "100% RAW. Harmless Harvest, Inc. manufactures non-alcoholic beverages. The Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. Angela Kwon, Esq. Taimur Alamgir, Esq. LEE LITIGATION GROUP, PLLC 30 East 39th Street, Second Floor New York, NY 10016 Phone: 212-465-1188 Fax: 212-465-1181 HOME HEALTH: "Goodwin" Suit Seeks Unpaid OT Pay Under Wage Act -------------------------------------------------------------- ANASTASIA GOODWIN, individually and on behalf of all others similarly situated, the Plaintiff, v. HOME HEALTH CARE PLUS, LLC, the Defendants, Case No. 161202405 (Phil. Ct. of Common Pleas, Dec. 21, 2016), seeks to recover damages in the amount of unpaid overtime compensation, including interest, and penalties subject to proof pursuant to the Pennsylvania Minimum Wage Act of 1968. The Defendant employed Plaintiff and Class Members as home health care workers who provided companionship services for the elderly, ill or disabled. The Plaintiff's hours varied from week to week, but Defendant permitted her and her coworkers to regularly work more than 40 hours a week throughout the class period. In some weeks, Plaintiff personally worked up to and including 52 hours in a workweek without being paid over time. As a result of Defendant's illegal compensation system, and other practices and policies followed by Defendant, Plaintiff and Class members are not paid for working overtime. Home Health provides home care in comfortable surroundings. The Plaintiff is represented by: Philip A. Downey, Esq. THE DOWNEY LAW FIRM, LLC P.O. Box 1021 Unionville, PA 19375 Facsimile: (610) 813 4579 E-mail: downeyjustice@gmail.com - and - Philip Bohrer, Esq. Scott E. Brady, Esq. BOHRER BRADY, LLC 8712 Jefferson Highway, Suite B Baton Rouge, LA 70809 Telephone: (225) 925 5297 Facsimile: (225) 231 7000 E-mail: phil@bohrerbradv.com scott@bohrerbradv.com INTERNATIONAL GRILL: Does Not Properly Employees, Action Claims --------------------------------------------------------------- Yareli Bartolo, individually and on behalf of all others similarly situated v. International Grill, Inc. and Does 1 through 20, inclusive, Case No. BC644755 (Cal. Super. Ct., December 22, 2016), is brought against the Defendants for failure to pay overtime wages, failure to provide meal periods or compensation in lieu thereof, failure to authorize or permit rest breaks or provide compensation in lieu thereof, failure to provide accurate itemized wage statements and accurate records, and failure to pay all wages due upon separation of employment. International Grill, Inc. owns and operates a restaurant and catering services business in California. The Plaintiff is represented by: Samuel A. Wong, Esq. Kashif Haque, Esq. Ali S. Carlsen, Esq. AEGIS LAW FIRM, PC 9811 Irvine Center Drive, Suite 100 Irvine, CA 92618 Telephone: (949) 379-6250 Facsimile: (949)379-6251 2 INTERSTATE HOTELS: Sued Over Failure to Provide Meal Break ---------------------------------------------------------- Roxana Contreras, individually and on behalf of all others similarly situated v. Interstate Hotels & Resorts, Inc., Sunstone Hotel Properties, Inc., and Does 1 through 50, inclusive, Case No. BC644458 (Cal. Super. Ct., December 19, 2016), is brought against the Defendants for failure to provide employees meal and rest periods as required under California Labor Law. The Defendant(s) together with its subsidiaries operate as a hotel real estate investor and independent hotel management company. The Plaintiff is represented by: Matthew J. Matern, Esq. Launa Adolph, Esq. Kayvon Sabourian, Esq. MATERN LAW GROUP, PC 1230 Rosecrans Avenue, Suite 200 Manhattan Beach, CA 90266 Telephone: (310) 531-1900 Facsimile: (310) 531-1901 E-mail: info@maternlawgroup.com JENNINGS ROAD: Fails to Pay Overtime Wages, "Dupuis" Suit Claims ---------------------------------------------------------------- Daniel Dupuis, on behalf of himself and all others similarly situated v. Herbert G. Chambers, James Duchesneau, Alan Mclaren, Jennings Road Management Corp. d/b/a The Herb Chambers Companies, Herb Chambers Cambridge Street, Inc., and Herb Chambers 128, Inc., Case No. 16-3665 (Mass. Cmmw. Ct., December 22, 2016), is brought against the Defendants for failure to pay overtime wages for work in excess of 40 hours per week. The Defendants manage, control, and operate a chain of over 50 car dealerships in Massachusetts. The Plaintiff is represented by: Brook S. Lane, Esq. John P. Regan Jr., Esq. REGAN LANE LLP 43 Bowdoin Street, Ste. A Boston, MA 02114 Telephone: (857) 277-0902 E-mail: blane@reganlane.com jregan@reganlane.com KEANE GROUP: Faces "Hickson" Suit Under FLSA, Pa. Min. Wage Act --------------------------------------------------------------- TONY HICKSON and LARRY VILLA, individually and on behalf of all others similarly situated, Plaintiffs, against KEANE GROUP HOLDINGS, LLC; KEANE FRAC TX, LLC; KEANE FRAC, LP; KEANE FRAC GP LLC; and KEANE FRAC ND, LLC; Defendants, Case No. 4:16-cv-03734 (S.D. Tex., December 27, 2016), seeks to remedy alleged violations of the wage-and-hour provisions of the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act. KEANE GROUP HOLDINGS, LLC offers completion services to some of the largest oil and gas companies in the industry. The Plaintiff is represented by: Richard J. (Rex) Burch, Esq. BRUCKNER BURCH PLLC 8 Greenway Plaza #1500 Houston, TX 77046 Phone: (713) 877-8788 - and - Joseph A. Fitapelli, Esq. Armando A. Ortiz, Esq. FITAPELLI & SCHAFFER, LLP 28 Liberty Street, 30th Floor New York, NY 10005 Phone: (212) 300-0375 KLOCHKO EQUIPMENT: Vinny's Placeholder Cert. Bid Found Moot ----------------------------------------------------------- The Honorable Stephen J. Murphy, III, entered an order in the lawsuit captioned VINNY'S LANDSCAPING INC. v. KLOCHKO EQUIPMENT RENTAL COMPANY, INC., et al., Case No. 2:16-cv-10846-SJM-RSW (E.D. Mich.), finding as moot the Plaintiff's placeholder motion to certify class. The Court has reviewed the parties' filings regarding Plaintiff's "Placeholder" Motion for Class Certification, and held a hearing, according to the Order. At the hearing, the Defendants agreed to provide 14-day notice to Plaintiff prior to making an offer of judgment or depositing funds with the clerk. The Plaintiff agreed that such notice was adequate to protect the interests of Plaintiff and potential, future class members. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=1luF8AEE LABORATORY CORP: "Gonzales" Suit Alleges Cal. Wage Law Violations ----------------------------------------------------------------- JEANNIE GONZALES, an individual; Plaintiffs, v. LABORATORY CORPORATION OF AMERICA HOLDINGS, a Delaware Corporation; and DOES 1 - 50; Defendants, Case No. 4:16-cv-07346-KAW (N.D. Cal., December 27, 2016), was filed on behalf of Plaintiff and other similarly aggrieved employees of Defendants. The case alleges among others that Defendants are found to have violated the rest and meal period, itemized wage statement/time records; failed to pay full wages for time worked; failed to reimburse for necessary work-related expenditures; and failed to timely pay wages penalty provisions of the California wage laws. Plaintiff JEANNIE GONZALES worked for LABCORP as a phlebotomist in the Fremont Behavioral Health Hospital. The Plaintiff is represented by: Eric M. Lightman, Esq. LAW OFFICES OF ERIC M. LIGHTMAN 1254 Mission St. San Francisco, CA 94103 Phone: 415-295-4777 Fax: 415-795-4750 E-mail: eric.m.lightman@gmail.com LANNETT COMPANY: Suit Alleges Levothyroxine Sodium Price-Fixing --------------------------------------------------------------- PLUMBERS & PIPEFITTERS LOCAL 178 HEALTH & WELFARE TRUST FUND, on behalf of itself and all others similarly situated, Plaintiff, v. LANNETT COMPANY, INC.; MYLAN PHARMACEUTICALS, INC., SANDOZ, INC., Defendants, Case No. 1:16-cv-09890 (S.D.N.Y., December 22, 2016), alleges that Defendants have conspired, combined, and contracted to fix, raise, maintain, and stabilize the prices at which generic levothyroxine sodium would be sold in violation of the Sherman Act, as well as state antitrust, consumer protection, and common laws. LANNETT COMPANY, INC. -- http://www.lannett.com/-- manufactures, markets and/or distributes more than 90 drugs in the U.S. The Plaintiff is represented by: Irving Scher Scott A. Martin, Esq. HAUSFELD LLP 33 Whitehall Street, 14th Floor New York, NY 10004 Phone: (646) 357-1100 Fax: (212) 202-4322 Email: ischer@hausfeld.com 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 Phone: (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 LANNETT CO: FWK Holdings Sues Over Levothyroxine Price-Fixing ------------------------------------------------------------- FWK Holdings, L.L.C., on behalf of itself and all others similarly situated, Plaintiff, v. LANNETT COMPANY, INC., MYLAN PHARMACEUTICALS INC., SANDOZ, INC., and NOVARTIS AG, Defendants, Case No. 1:16-cv-09900 (S.D.N.Y., December 23, 2016) is a civil antitrust action seeking treble damages arising out of the Defendants' alleged unlawful scheme to fix, maintain, and stabilize the prices of generic levothyroxine. LANNETT COMPANY, INC. -- http://www.lannett.com/-- manufactures, markets and/or distributes more than 90 drugs in the U.S. The Plaintiff is represented by: Robert N. Kaplan, Esq. Richard J. Kilsheimer, Esq. Jeffrey P. Campisi, Esq. Joshua Saltzman, Esq. KAPLAN FOX & KILSHEIMER LLP 850 Third Avenue, 14th Floor New York, NY 10022 Phone: 212-687-1980 Fax: 212-687-7714 E-mail: rkaplan@kaplanfox.com rkilsheimer@kaplanfox.com jcampisi@kaplanfox.com jsaltzman@kaplanfox.com - and - Thomas M. Sobol, Esq. David S. Nalven, Esq. Lauren Guth Barnes, Esq. Kiersten Taylor, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 55 Cambridge Parkway, Suite 301 Cambridge, MA 02142 Phone: 617-482-3700 Fax: 617-482-3003 E-mail: tom@hbsslaw.com davidn@hbsslaw.com lauren@hbsslaw.com kiersten@hbsslaw.com - and - Joseph M. Vanek, Esq. David P. Germaine, Esq. VANEK, VICKERS & MASINI P.C. 55 W. Monroe, Suite 3500 Chicago, IL 60603 Phone: 312-224-1500 Fax: 312-224-1510 E-mail: Jvanek@vaneklaw.com Dgermaine@vaneklaw.com LINCOLN NATIONAL: Insurance Premium Hike Hit in "Bharwani" Suit --------------------------------------------------------------- Bharti R. Bharwani and Robert A. Zirinsky, individually and on behalf of all others similarly situated, Plaintiffs, v. Lincoln National Corp. and Lincoln National Life Insurance Company, Defendants, Case No. 2:16-cv-06605 (E.D. Mo., December 22, 2016), seeks damages, costs and disbursements and reasonable allowances for counsel and experts, reimbursement of expenses, injunctive and declaratory relief and such other and further relief resulting from breach of contract in violation of New York's General Business Laws. Defendants unilaterally and substantially increased the "cost of insurance" rates on their policies, which in turn increased the monthly deduction withdrawals from policyholders with a resulting and significant increase in annual policyholder premiums required to maintain the policies in force over time. The Plaintiff is represented by: Jeffrey W. Golan, Esq. Robert A. Hoffman, Esq. Lisa M. Port, Esq. BARRACK, RODOS AND BACINE 3300 Two Commerce Square 2001 Market Street Philadelphia, PA 19103 Telephone: (215) 963-0600 Facsimile: (215) 963-0838 - and - Stephen R. Basser, Esq. BARRACK, RODOS AND BACINE One America Plaza 600 W. Broadway, Suite 900 San Diego, CA 92101 Phone: (619) 230-0800 Facsmile: (619) 230-1874 - and - Andrew Friedman BONNETT, FAIRBOURN, FRIEDMAN BALINT, P.C. 2325 E Camelback Rd #300 Phoenix, AZ 85016 Telephone: (602) 274-1100 - and - Joseph Gentile, Esq. Ronen Sarraf, Esq. SARRAF GENTILE LLP 14 Bond Street #212 Great Neck, NY 11021 Telephone: (516) 699-8890 - and - John G. Emerson, Esq. EMERSON SCOTT, LLP 840 Apollo Lane Houston, TX 77058 Telephone: (281) 488-8854 Facsimile: (281) 488-8867 LOCAL AT VILLANOVA: Faces "Walsh" Suit Over Improper Wages ---------------------------------------------------------- Lester A. Walsh, on behalf of himself and all others similarly situated, Plaintiff, v. LOCAL AT VILLANOVA, LLC d/b/a AVENUE KITCHEN; LOCAL AT GLEN MILLS, LLC d/b/a AVENUE KITCHEN; DANA SMITH FARRELL AND DOE DEFENDANTS 1-10, Case No. 2:16-cv-06563-TJS (E.D. Pa., December 22, 2016), alleges that Avenue Kitchen systematically and willfully deprived Plaintiff and Tipped Employees of minimum wages in violation of the Fair Labor Standards Act, and the Pennsylvania Minimum Wage Act by, among others, failing to satisfy the notice requirements of the tip credit provisions of the FLSA and PMWA. DANA SMITH FARRELL owns and operates restaurants. The Plaintiff is represented by: Robert J. Gray, Esq. Gerald D. Wells, III 2200 Renaissance Blvd., Suite 308 King of Prussia, PA 19406 Phone: 610-822-3700 Fax: 610-822-3800 E-mail: gwells@cwg-law.com rgray@cwg-law.com - and - Michael K. Yarnoff, Esq. KEHOE LAW FIRM, P.C. Two Penn Center Plaza 1500 JFK Boulevard, Suite 1020 Philadelphia, PA 19102 Phone: 215-792-6676 Fax: 215-792-6676 E-mail: myarnoff@kehoelawfirm.com MCDONALD'S CORPORATION: Faces "Killeen" Suit Over Value Meal ------------------------------------------------------------ Kelly Killeen, individually and on behalf all others similarly situated v. McDonald's Corporation and Salabad, LLC, Case No. 2016-CH-16519 (Ill. Cir. Ct., December 22, 2016), seeks to redress the pervasive pattern of fraudulent, deceptive and otherwise improper advertising, sales and marketing practices that McDonald's continues to engage in regarding certain of its Extra Value Meals(R), including its Two Cheeseburger Extra Value Meal and Sausage Burrito Extra Value Meal. In reality, certain of McDonalds' Extra Value Meals are not a value because they are more expensive than purchasing off the a la carte menu each of the items that comprise the Meals. The Defendants are franchisors of McDonald's(R) restaurants throughout Illinois. The Plaintiff is represented by: Samuel A. Shelist, Esq. SHELIST LAW FIRM LLC 29 E. Madison Street, Suite 1000 Chicago, IL 60602 Telephone (312) 644-3900 MECHEL BLUESTONE: Jordan Seeks to Enforce Mediation Agreement ------------------------------------------------------------- The Plaintiff in the lawsuit captioned DAVID JORDAN, individually and on behalf of all others similarly situated v. MECHEL BLUESTONE, INC., and DYNAMIC ENERGY, INC., Case No. 5:16-cv-04413 (S.D.W. Va.), files with the Court his motion to enforce mediation agreement, enjoin ex parte settlements, certify class, and approve limited class discovery. Mr. Jordan noted that the defense counsel has been actively seeking settlements on the side with individual class members after signing a mediation agreement to settle the class action on a class-wide basis -- a Mediation Agreement that provides more damages per capita than what the Defendants have proposed in the side-agreements. He asserts that a number of the class members with whom the Defendants have solicited side agreements are, upon information and belief, still currently employed by the Defendants. The Defendant's actions, Mr. Jordan contends, are causing members of the agreed-upon class to be pressured by their employer to settle for a discount value and are also depriving those members of adequate notice to opt out of the class after full written notice of the settlement is reached in the matter. Accordingly, in order to avoid prejudice to the class, he moves for the Court to enforce the Mediation Agreement regarding class settlement that was reached by Magistrate Omar J. Aboulhosn, that the Court certify the proceeding as a class action against the Defendants, and that the Court order a limited period of 30 days for class discovery so that the size of the common fund may be ascertained. The Mediation Agreement, which the Parties reached on December 5, 2016, with the assistance of Magistrate Aboulhosn, settles all class matters except for the question of the number of class members and the amount of the reasonable attorney fee. The key terms of the Mediation Agreement include the Defendants' agreement to pay to each member of the class the sum of $10,250, inclusive of attorneys' fees and costs. The Defendants agree to pay to class counsel an administrative fee of $30,000 to administer the settlement. The Defendants also agree to pay to David Jordan a class representative fee of $15,000. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=6bSGk9NC The Plaintiff is represented by: Samuel B. Petsonk, Esq. Bren J. Pomponio, Esq. MOUNTAIN STATE JUSTICE, INC. 1031 Quarrier Street, Suite 200 Charleston, WV 25301 Telephone: (304) 344-3144 Facsimile: (304) 344-3145 E-mail: sam@msjlaw.org bren@msjlaw.org MIDWAY ISLAND: "Dean" Suit Claims Misclassification, Seeks Wages ---------------------------------------------------------------- Urika Dean, on behalf of herself and all others similarly situated, Plaintiff, v. Michael Billings (d/b/a) Midway Island, Midway Island, LLC, Defendants, Case No. 5:16-cv-01459, (W.D. Okla., December 21, 2016), seeks disgorgement of monies obtained through unjust enrichment; unpaid wages and kickback damages as liquidated damages; prejudgment interest; and all costs and attorney's fees under the Fair Labor Standards Act. Defendant owns and operates an adult entertainment club called Midway Island located at 5215 NW 10th St, Oklahoma City, OK 73127, where Plaintiff worked as a dancer. She claims to have been misclassified as an independent contractor, thus denied proper wages. She earned from tips but was also deducted a tip-credit. Plaintiff is represented by: William B. Federman, Esq. Joshua D. Wells, Esq. FEDERMAN & SHERWOOD 10205 N. Pennsylvania Avenue Oklahoma City, OK 73120 Telephone: (405) 235-1560 Facsimile: (405) 239-2112 Email: wbf@federmanlaw.com jdw@federmanlaw.com MMPB GROUP: Banegas Moves to Certify Class of Villa Azur Workers ---------------------------------------------------------------- The Plaintiffs in the lawsuit styled DANI BANEGAS and JORGE HERNANDEZ v. MMPB GROUP, LLC d/b/a Villa Azur, et al., Case No. 1:16-cv-24134-DPG (S.D. Fla.), move the Court to conditionally certify a representative class and permit court-supervised notification pursuant to the Fair Labor Standards Act. The Defendants own and operate the restaurant Villa Azur on Miami Beach. The Plaintiffs have been employees at the restaurant for several years. The Plaintiffs allege that during that time, the restaurant has attempted to implement a tip pool and tip credit system to pay its employees less than the mandated minimum wage. The proposed "Class" consists of employees and former employees of the Defendants, who are considered victims under the FLSA. Specifically, the Class is divided into two sub-classes, defined as: MINIMUM WAGE SUB-CLASS: All those employees (past or present) of Villa Azur for anytime from three years prior to their consent to join this action until end of this case, who received less than minimum wage, worked at least one workweek, and paid into or received from a tip pool; and OVERTIME WAGE SUB-CLASS: All those employees (past or present) of Villa Azur for anytime from three years prior to their consent to join this action until end of this case, who received less than 1.5x their wage for any hours worked over 40 in a workweek and worked at least one workweek. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=DE16GIij The Plaintiffs are represented by: R. Martin Saenz, Esq. R. Edward Rosenberg, Esq. SAENZ & ANDERSON, PLLC 20900 N.E. 30th Avenue, Suite 800 Aventura, FL 33180 Telephone: (305) 503.5131 Facsimile: (888) 270.5549 E-mail: msaenz@saenzanderson.com ed@saenzanderson.com The Defendants are represented by: Jonathan Beckerman, Esq. Jorge Zamora, Jr., Esq. LITTLER MENDELSON P.C. 333 SE 2nd Avenue, Suite 2700 Miami, FL 33131 Telephone: (305) 400-7500 Facsimile: (305) 675-8497 E-mail: jabeckerman@littler.com jzamora@littler.com MOLINA HEALTHCARE: Overtime Pay Sought in "Brown" Labor Suit ------------------------------------------------------------ Cinderella D. Brown, individually and on behalf of all others similarly situated, Plaintiff, v. Molina Healthcare Of Texas, Inc., Defendant, Case No. 5:16-cv-01300, (W.D. Tex., December 23, 2016), seeks to recover back wages and other remedies, reasonable attorney's fees and costs pursuant to the Fair Labor Standards Act. Defendant Molina is an international healthcare provider that arranges for the delivery of healthcare services and offers health information management solutions through Medicaid, Medicare and other government-funded programs in multiple states. Plaintiff works for Molina as a Service Coordinator from her home in New Braunfels, Texas. She regularly worked in excess of 40 hours per week, but was only paid straight time for 40-hour weeks. Plaintiff is represented by: Alex Mabry, Esq. MABRY LAW FIRM, PLLC 7155 Old Katy Road, Ste. No. N235 Houston, TX 77024 Telephone: 832-350-8335 Facsimile: 832-831-2460 NASSAU, NY: Fails to Pay AMTs OT Wages, "Gurrieri" Suit Claims -------------------------------------------------------------- Ronald Gurrieri, Diane Mccauley, Lawrence Loiselle, Mary Tedesco, Edward Donoghue, and all others similarly situated v. County of Nassau, Nassau County Police Department, and Nassau County Civil Service Commission, Case No. CV-16-6983 (E.D.N.Y., December 19, 2016), is brought against the Defendants for failure to pay Ambulance Medical Technicians' overtime wages in violation of the New York Labor Law. County Of Nassau is a municipal corporation duly incorporated under the laws of the State of New York. Nassau County Police Department, is an agency of the County of Nassau. Nassau County Civil Service Commission is an agency of the County of Nassau and is responsible for the classification of county positions and establishment of compensation for county employees. The Plaintiff is represented by: Louis D. Sterner Jr., Esq. LAW OFFICES OF LOUIS D. STERNER JR., LLC 98 Front Street Mineola, NY 11501 Telephone: (516) 742-6546 NEA-BBQ LLC: Faces "Flowers" Lawsuit Seeking Unpaid Wages --------------------------------------------------------- LESLIE FLOWERS, individually and on behalf of all those similarly situated, Plaintiff, v. NEA-BBQ, LLC, d/b/a SONNY'S BBQ, Defendant, Case No. 2:16-cv-00288-WCO-JCF (N.D. Ga., December 27, 2016), seeks to recover mandated minimum wages and overtime wages under the Fair Labor Standards Act. NEA-BBQ LLC -- http://www.nea-bbq.com/-- is in the restaurants industry. The Plaintiff is represented by: Taylor J. Bennett, Esq. Amanda A. Farahany, Esq. Taylor J. Bennett, Esq. BARRETT & FARAHANY 1100 Peachtree Street, Suite 500 Atlanta, GA 30309 Phone: (404) 214-0120 Fax: (404) 214-0125 E-mail: amanda@justiceatwork.com taylor@justiceatwork.com NEW YORK: Johnston, et al. Sue NYCHA Over FLSA Violations --------------------------------------------------------- ALEXANDER JOHNSTON, DARSHARAY ALLEN-SORE, NORMA DELANCEY RAYMOND DAVENPORT, Plaintiffs, v. NEW YORK CITY HOUSING AUTHORITY, Defendant, is a collective action in accordance with the Fair Labor Standards Act against the defendant on behalf of themselves and all others similarly situated because of defendant's unlawful deprivation of plaintiffs' rights to overtime compensation under the FLSA. NYCHA is a public benefit corporation organized under the New York public housing laws and is a legally separate entity from the City of New York. The Plaintiffs are represented by: Gregory K. McGillivary, Esq. David Ricksecker, Esq. WOODLEY & McGILLIVARY LLP 1101 Vermont Ave., N.W., Suite 1000 Washington, DC 20005 Phone: (202) 833-8855 E-mail: gkm@wmlaborlaw.com - and - Hope Pordy, Esq. SPIVAK LIPTON LLP 1700 Broadway, Suite 2100 New York, NY 10019 Phone: (212) 765-2100 Fax: (212) 765-8954 E-mail: hpordy@spivaklipton.com NEW YORK, NY: "Henry" Lawsuit Alleges Violations of FLSA -------------------------------------------------------- EDWIN HENRY and FAYE SMYTH, individually and on behalf of all other persons similarly situated, Plaintiffs, against THE CITY OF NEW YORK, Defendants, Case No. 1:16-cv-09971 (S.D.N.Y., December 27, 2016), was brought pursuant to the Fair Labor Standards Act to recover liquidated damages for alleged delayed payments of overtime and minimum wages. The City of New York is a municipal corporation duly organized and existing under the Constitution and laws of the State and City of New York. The Plaintiff is represented by: James Emmet Murphy, Esq. Lloyd Ambinder, Esq. VIRGINIA & AMBINDER, LLP 40 Broad Street 7th Floor New York, NY 10004 Phone: (212) 943-9080 OCWEN LOAN: Certification of FCCPA Class Sought in "Fegadel" Suit ----------------------------------------------------------------- Lynn Fegadel moves for an Order pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure certifying the case entitled LYNN FEGADEL v. OCWEN LOAN SERVICING, LLC, Case No. 8:15-cv-02228-EAK- JSS (M.D. Fla.), as a class action. The Plaintiff asks that the Court certify this class: All individuals who: (1) filed a Chapter 7 or Chapter 13 bankruptcy in the Middle District of Florida, (2) surrendered their home in the bankruptcy proceedings, (3) obtained a discharge, and (4) after they received the discharge, received communications related to the discharged mortgage from or on behalf of Ocwen Loan Servicing LLC, on or after September 24, 2013. The Plaintiff filed the purported class action against Ocwen asserting claims for (1) violation of the Florida Consumer Collection Practices Act and (2) relief under 11 U.S.C. Section 105(a) for the Defendant's violation of the discharge injunction, based on its practice of sending collections communications regarding mortgage debts that were discharged in bankruptcy to numerous consumers. It is further requested that Plaintiff be designated as representative of the Class and Plaintiff's Counsel be named Class Counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=d8ixdmmm The Plaintiff is represented by: Katherine Earle Yanes, Esq. KYNES, MARKMAN & FELMAN, P.A. Post Office Box 3396 Tampa, FL 33601 3396 Telephone: (813) 229 1118 Facsimile: (813) 221 6750 E-mail: kyanes@kmf-law.com - and - Gus M. Centrone, Esq. Brian L. Shrader, Esq. CENTRONE & SHRADER, LLC 612 W. Bay Street Tampa, FL 33606 Telephone: (813) 360-1529 E-mail: gcentrone@centroneshrader.com bshrader@centroneshrader.com The Defendant is represented by: Joseph Culleiton, Esq. Paul James Sodhi, Esq. BLANK ROME LLP 501 Grant Street, Suite 850 Pittsburgh, PA 15219 Telephone: (412) 932-2800 Facsimile: (412) 932-2777 E-mail: jculleiton@blankrome.com Psodhi@blankrome.com PAREXEL INTERNATIONAL: Faces "Cones" Suit Under FLSA, Labor Laws ---------------------------------------------------------------- SCHOULEE CONES, an individual, on behalf of herself and all others similarly situated, Plaintiff, vs. PAREXEL INTERNATIONAL CORPORATION, a Massachusetts corporation licensed to do business in the State of California, Defendants, Case No. 3:16-cv-03084-L- BGS (S.D. Cal., December 22, 2016), seeks damages and restitution, including alleged unpaid balance of earned overtime wages, premium wages for missed meal and rest periods, penalties, and interest, as well as attorney's fees and costs of this litigation under the Federal Labor Standards Act, the California Labor Code, IWC Wage Order No. 4-2001, and the California Business and Professions Code. PAREXEL INTERNATIONAL CORPORATION -- https://www.parexel.com/ -- is a multinational, life sciences consulting firm. The Plaintiff is represented by: Patrick N. Keegan, Esq. James M. Treglio, Esq. KEEGAN & BAKER, LLP 6156 Innovation Way Carlsbad, CA 92009 Phone: (760) 929-9303 Fax: (760) 929-9260 - and - Walter Haines, Esq. THE UNITED EMPLOYEES LAW GROUP 5500 Bolsa Avenue, Ste 201 Huntington Beach, CA 92649 Phone: (310) 234-5678 Fax: (562) 256-1006 PAUL MICHAEL: Accused of Wrongful Conduct Over Debt Collection -------------------------------------------------------------- Kara Deguardia and Diane Navas, individually and on behalf of all others similarly situated v. Paul Michael Associates, Case No. 2:16-cv-07030 (E.D.N.Y., December 21, 2016), seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Paul Michael Associates operates a claims assistance service company located at 159-16 Union Tpke #302, Fresh Meadows, NY 11366. The Plaintiff is represented by: Craig B. Sanders, Esq. SANDERS LAW, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Telephone: (516) 203-7600 Facsimile: (516) 281-7601 E-mail: csanders@sanderslawpllc.com PESCATLANTIC GROUP: "Pineda" Class Suit Removed to S.D. Florida --------------------------------------------------------------- The class action lawsuit captioned Denise Pineda and others similarly situated v. Pescatlantic Group, LLC and Cesar Calvo, Case No. 16-029018-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-25291-MGC to the proceeding. The plaintiff asserts labor-related claims. Pescatlantic Group, LLC operates a seafood wholesale company located at 6100 Blue Lagoon Dr., Miami, FL 33126. The Plaintiff is represented by: Edilberto O. Marban, Esq. EDILBERTO O. MARBAN LAW OFFICE 1600 Ponce De Leon Boulevard, Suite 902 Coral Gables, FL 33134 Telephone: (305) 448-9292 Facsimile: (305) 448-9477 E-mail: marbanlaw@gmail.com The Defendant is represented by: Juliana Gonzalez Lawrence Joseph McGuinness, Esq. MCGUINNESS & GONZALEZ, P.A. 3126 Center Street Coconut Grove, FL 33133 Telephone: (305) 448-9557 Facsimile: (305) 448-9559 E-mail: juliana_gonzalez@hotmail.com ljmpalaw@netzero.com PHD HOLDING: Illegally Retains Workers Gratuities, Suit Claims -------------------------------------------------------------- Remmy Lara, individually and on behalf of others similarly situated v. P.H.D. Holding Corp., Peter Herrero Jr., Karen Herrero, and any other related entities, Case No. 610064/2016 (N.Y. Sup. Ct., December 22, 2016), arises from the policy and practice of unlawfully retaining employees' gratuities at the Defendants' restaurant and catering venues located in New York. Headquartered at 52 Gedney Way, White Plains, New York 10605, the Defendants are engaged in restaurant and catering business. The Plaintiff is represented by: Brett R. Cohen, Esq. Michael A. Tompkins, Esq. Jeffrey K. Brown, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, NY 11514 Telephone: (516) 873-9550 PIE TWO SPEEDWAY: "Friend" Suit Seeks Unpaid Overtime Wages ----------------------------------------------------------- Megan Friend and other similarly-situated individuals, Plaintiff, v. Pie Two Speedway, LLC d/b/a Pie Five Pizza Co. and John Rhodes, individually, Defendants, Case No. 6:16-cv-02184, (M.D. Fla., December 21, 2016), seeks to recover regular wages, unpaid overtime wages for every off-the-clock hours accumulated and any other relief, attorneys' fees, and costs for violations of the Fair Labor Standards Act. Pie Two Speedway, LLC, operates a chain of pizza restaurants under the name Pie Five Pizza Co. Plaintiff worked for their restaurant in Daytona Beach, Volusia County, Florida. Friend claims to have been denied overtime pay and was illegally terminated due to discriminatory reasons. Plaintiff is represented by: Zandro E. Palma, Esq. ZANDRO E. PALMA, P.A. 9100 S. Dadeland Blvd., Suite 1500 Miami, FL 33156 Telephone: (305) 446-1500 Facsimile: (305) 446-1502 Email: zep@thepalmalawgroup.com RENT-A-CENTER: Faces "Hall" Suit Over Securities Act Violations --------------------------------------------------------------- ALAN HALL, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. RENT-A-CENTER, INC., ROBERT D. DAVIS, and GUY J. CONSTANT, Defendants, Case No. 4:16-cv-00978 (E.D. Tex., December 23, 2016), alleges that Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company's business, including that the Company's new point of sale system was not implemented properly and in fact caused severe harm to Rent-A-Center's overall operations, especially the Company's new customer credit program Acceptance Now, in violation of the U.S. Securities and Exchange Act. Rent-A-Center operates a network of stores that provides consumer electronics, appliances, computers (including tablets), smartphones, and furniture (including accessories), under rental purchase agreements. The Plaintiff is represented by: Joe Kendall, Esq. Jamie J. McKey, Esq. KENDALL LAW GROUP, PLLC 3232 McKinney, Ste 700 Dallas, TX 75204 Phone: (214) 744-3000 Fax: (214) 744-3015 E-mail: jkendall@kendalllawgroup.com jmckey@kendalllawgroup.com - and - Lionel Z. Glancy, Esq. Lesley F. Portnoy, Esq. Charles H. Linehan, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Phone: (310) 201-9150 Fax: (310) 201-9160 ROADRUNNER INTERMODAL: "Rich" Labor Lawsuit Sent to E.D. Calif. --------------------------------------------------------------- The case captioned NICHOLAS E. RICH, an individual; on behalf of himself and all others similarly situated, Plaintiffs, v. ROADRUNNER INTERMODAL SERVICES, LLC; CENTRAL CAL TRANSPORTATION, LLC; MORGAN SOUTHERN, INC.; and DOES 1 through 50, inclusive, Defendants, Case No. 1:16-cv-01900-DAD-BAM (September 18, 2015), was transferred to the U.S. District Court for the Eastern District of California from the U.S. District Court for the Central District of California, according to a case docket dated December 22, 2016. The suit alleges wage and labor violations arising out of, among other things, Defendants' failure to pay wages, provide meal and rest breaks to its employee drivers, and other labor code violations and unfair business practices. Defendants provide various shipping services throughout California. The Plaintiff is represented by: Brian S. Kabateck, Esq. Joshua H. Haffner, Esq. KABATECK BROWN KELLNER LLP 644 S. Figueroa Street Los Angeles, CA 90017 Phone: (213) 217-5000 Fax: (213) 217-5010 E-mail: bsk@kbklawyers.com jhh@kbklawyers.com SDS INDUSTRIES: Sued Over Failure to Pay Minimum & Overtime Wages ----------------------------------------------------------------- Dawn Davis, on behalf of herself and others similarly situated v. SDS Industries, Inc., SDS Industries, Inc. d/b/a Timely, and Does 1 to 100, inclusive, Case No. BC644450 (Cal. Super. Ct., December 22, 2016), is brought against the Defendants for failure to pay minimum and overtime wages in violation of the California Labor Code. Timely Industries is a manufacturer of pre-finished steel doorframes. The Plaintiff is represented by: Joseph Lavi. Esq. Tielle Shu, Esq. LAVI & EBRAHIMIAN, LLP 8889 West Olympic Boulevard, Suite 200 Beverly Hills, CA 90211 Telephone: (310) 432-0000 Facsimile: (310) 432-0001 SPRINT CORP: "Tharpe" Sues Over Missed Breaks, Reimbursement ------------------------------------------------------------- Alexandria Jones Tharpe and Nasondra Benson on behalf of themselves and all others similarly situated and the general public, Plaintiffs, v. Sprint Corporation, a Sprint Communications Company, L.P., a Delaware corporation, Sprint United Management Co., a Delaware corporation and Does 1 to 20, inclusive, Defendants, Case No. BC644645, (Cal. Super., December 22, 2016), seeks recovery of unpaid wages in the form of unpaid rest and meal violation premiums, remedies arising from improper wage statements, reimbursements for expenses incurred, waiting time penalties pursuant to California Labor Code, and restitution for violations of California Business and Professions Code including full restitution of all compensation retained by Defendants. Defendants maintain and operate a number of Sprint retail operations within stores owned and operated by other entities. Tharpe has worked for Sprint at Wilshire, Sylmar, Newbury Park, Burbank and Simi Valley Radio Shack Stores while Benson has worked at their Woodland Hills, Mission Hills and Agoura Hills locations. Plaintiff is represented by: Dennis F. Moss, Esq. MOSS BOLLINGER, LLP 15300 Ventura Blvd., Ste. 207 Sherman Oaks, CA 91403 Telephone: (310) 773-0323 Email: dennis@dennismosslaw.com - and - Emil Davtyan, Esq. DAVTYAN PROFESSIONAL LAW CORPORATION 21900 Burbank Blvd., Suite 300 Woodland Hills, CA 91367-7418 Telephone: (818) 992-2935 Email: emil@davtyanlaw.com SQUARETRADE INC: Faces "Starke" Class Suit in E.D. New York ----------------------------------------------------------- A class action lawsuit has been commenced against SquareTrade, Inc. The case is captioned Adam J. Starke, individually and on behalf of all others similarly situated v. SquareTrade, Inc., Case No. 1:16-cv-07036 (E.D.N.Y., December 21, 2016). SquareTrade, Inc. is a warranty service provider for consumer electronics and appliances. Adam J. Starke is a pro se plaintiff. SSC SERVICE: "Cerrato" Action Seeks Overtime Pay ------------------------------------------------ Liliam Bustillo Cerrato, Maria Juarez Regino, Yolanda Pavon Gonzalez, Guadalupe Rodriguez Luna, and Blanca Vasquez, on behalf of themselves and all others similarly situated, Plaintiffs v. Durham Public Schools Board of Education and SSC Service Solutions, Inc., Defendants, Case No. 1:16-cv-1431, (M.D. N.C., December 21, 2016), seeks to secure their unpaid overtime wages, liquidated damages, and attorneys' fees and costs under the Fair Labor Standards Act. Plaintiffs are former janitorial workers who were employed by Integrity Facilities Management, Inc., a subcontractor with Defendant SSC Service Solutions, Inc. They claim to have been denied overtime pay. Plaintiff is represented by: Carol L. Brooke, Esq. Clermont F. Ripley, Esq. NORTH CAROLINA JUSTICE CENTER P.O. Box 28068 Raleigh, NC 27611 Tel: (919) 856-2165 Fax: (919) 856-2175 Email: carol@ncjustice.org Clermont@ncjustice.org STARBUCKS CORP: Overtime Pay Sought in "Carrington" Labor Suit -------------------------------------------------------------- Kileigh Carrington, individually and on behalf of other members of the general public similarly situated, Plaintiff, v. Starbucks Corporation, a Washington Corporation, and DOES 1-10, inclusive, Defendants, Case No. 3:16-cv-03074, (S.D. Cal., December 21, 2016), seeks compensatory damages, back pay, pre-judgment interest, and other remedies for violation of California's Unfair Competition Law and California Labor Code. Plaintiff worked for Defendant through uninterrupted shift segments in excess of five hours without being provided a meal period and without overtime pay. Plaintiff is represented by: William B. Sullivan, Esq. Eric K. Yaeckel, Esq. Clint S. Engleson, Esq. SULLIVAN LAW GROUP, APC 2330 Third Avenue San Diego, CA 92101 Tel: (619) 702-6760 Fax: (619) 702-6761 Email: helen@sullivanlawgroupapc.com yaeckel@sullivanlawgroupapc.com cengleson@sullivanlawgroupapc.com STYMCO TECHNOLGIES: Has Made Unsolicited Calls, Medical Suit Says ----------------------------------------------------------------- Medical & Chiropractic Clinic, Inc., individually and as the representative of a class of similarly-situated persons v. Stymco Technolgies, LLC and John Does 1-5, Case No. 8:16-cv-03462-CEH-AAS (M.D Fla., December 21, 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. Stymco Technolgies, LLC is a manufacturer of medical equipment. The Plaintiff is represented by: Ryan M. Kelly, Esq. ANDERSON & WANCA Suite 760, 3701 Algonquin Rd. Rolling Meadows, IL 60008 Telephone: (847) 368-1500 Facsimile: (847) 368-1501 E-mail: rkelly@andersonwanca.com SYNUTRA INTERNATIONAL: "Roth" Sues Over Beams Merger Deal --------------------------------------------------------- Abraham Atachbarian Roth IRA, on behalf of itself and all others similarly situated, Plaintiff, v. Synutra International, Inc., Liang Zhang, Yalin Wu, Lei Lin, Jinrong Chen, Donghao Yang, David Hui Li, and Beams Power Merger Sub Limited, Defendants, Case No. 1:16-cv-01302 (D. Del., December 22, 2016), seeks preliminary and permanent enjoinment from proceeding with, consummating, or closing a planned merger and any vote on the said transaction and/or rescinding it, awarding rescissory damages, costs of this action, including reasonable allowance for attorneys' and experts' fees and such other and further relief under Section 14(a) of the Securities Exchange Act of 1934. Synutra entered into an Agreement and Plan of Merger with Beams Power Investment Limited, a Virgin Island entity whose sole stockholder and director is Xuiquing Meng. The Company will be taken private and the Company's minority stockholder will be squeezed out at $6.05 per share by Zhang who currently controls over 63% of the company's shares through Beams. Buyer seeks to solicit minority stockholder approval of the merger at $5.91 per share, although the Company had been trading at over $7.00 per share as recently as the first quarter of 2015. It also muscled its way into the transaction by way of a debt refinancing scheme. Synutra International, Inc., is an infant formula company in China that engages in the production, distribution and sale of dairy based nutritional products under the Shengyan or Synutra line of brands. Liang Zhang, Yalin Wu, Lei Lin, Jinrong Chen, Donghao Yang and David Hui Li are members of the Board of Directors. Plaintiff are represented by: Robert D. Goldberg, Esq. BIGGS & BATTAGLIA 921 N. Orange Street Wilmington, DE 19801 Tel: (302) 655-9677 - and - Lynda J. Grant, Esq. THE GRANT LAW FIRM, PLLC 521 Fifth Avenue, 17th Floor New York, NY 10175 Tel: (212) 292-4441 Fax: (212) 292-4442 Email: lgrant@grantfirm.com T.SYSTEMS INC: "Pearson" Suit Seeks to Recover Unpaid Wages ----------------------------------------------------------- Michael Pearson, Edward Williams, And All Others Similarly Situated v. T.Systems Inc., Viola Pitts, and ITMC Group Holdings, Inc., Case No. 3:16-cv-03452-G (N.D. Tex., December 21, 2016), seeks to recover unpaid back wages, an additional equal amount as liquidated damages, attorney's fees and costs, and pre- and post- judgment interest pursuant to the Fair Labor Standards Act. The Defendants own and operate a staffing and recruitment company located at 5810 E. Skelly Drive, Tulsa OK 74135. The Plaintiff is represented by: Hessam Parzivand, Esq. THE PARZIVAND LAW FIRM, LLC 10701 Corporate Drive, Suite 185 Stafford, TX 77477 Telephone: (713) 533-8171 Facsimile: (713) 533-8193 E-mail: HP@parzfirm.com - and - Niles Illich, Esq. LAW OFFICE OF NILES ILLICH 701 Commerce St., Suite 400 Dallas, TX 75202 Telephone: (972) 802-1788 Facsimile: (972) 236-0088 E-mail: Niles@appealstx.com TASTEE KREME: Aguirre Seeks to Certify Class of Delivery Drivers ---------------------------------------------------------------- The Plaintiff in the lawsuit titled David Aguirre, Individually and similarly situated individuals v. TASTEE KREME #2, INC., and VAHID KARAMI, Case No. 4:16-cv-02611 (S.D. Tex.), files with the Court his opposed motion for conditional certification. Mr. Aguirre seeks conditional certification of a class consisting of all current and former ice cream delivery drivers or route drivers employed by the Defendants. He argues that the Fair Labor Standards Act permits any employee to bring an action to recover wages owed to "himself . . . and other employees similarly situated." A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=9l6ca5jU The Plaintiff is represented by: Trang Q. Tran, Esq. TRAN LAW FIRM L.L.P. 2537 S. Gessner Rd., Suite 104 Houston, TX 77063 Telephone: (713) 223-8855 Facsimile: (713) 623-6399 E-mail: Ttran@tranlawllp.com TELIGENT INC: FWK Holdings Alleges Econazole Price-Fixing --------------------------------------------------------- FWK Holdings, L.L.C., on behalf of itself and all others similarly situated, Plaintiff, vs. TELIGENT, INC., PERRIGO COMPANY PLC, TARO PHARMACEUTICAL INDUSTRIES LTD., and TARO PHARMACEUTICALS USA, INC., Defendants, Case No. 1:16-cv-09475 (D.N.J., December 27, 2016), alleges that defendants and co-conspirators are engaged in an overarching anticompetitive scheme in the market for generic econazole to artificially inflate prices through unlawful agreements between and among would-be competitors. The plaintiff seeks damages incurred due to defendants' and co-conspirators' alleged violations of Section 1 of the Sherman Act. TELIGENT INC. -- http://www.teligent.com/-- formerly IGI Laboratories, Inc., is a specialty generic pharmaceutical company. The Plaintiff is represented by: John D. Radice, Esq. A. Luke Smith, Esq. April D. Lambert, Esq. RADICE LAW FIRM, P.C. 34 Sunset Blvd. Long Beach, NJ 08008 Phone: (646) 245-8502 Fax: (609) 385-0745 E-mail: jradice@radicelawfirm.com - and - Thomas M. Sobol, Esq. David S. Nalven, Esq. Lauren Guth Barnes, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 55 Cambridge Parkway, Suite 301 Cambridge, MA 02142 Phone: 617-482-3700 Fax: 617-482-3003 E-mail: tom@hbsslaw.com davidn@hbsslaw.com lauren@hbsslaw.com - and - Joseph M. Vanek, Esq. David P. Germaine, Esq. John P. Bjork, Esq. VANEK, VICKERS &MASINI, P.C. 55 W. Monroe, Suite 3500 Chicago, IL 60603 Phone: (312) 224-1500 E-mail: jvanek@vaneklaw.com dgermaine@vaneklaw.com jbjork@vaneklaw.com TEMPLE TERRACE, FL: Lea Family Class Suit Removed to M.D. Florida ----------------------------------------------------------------- The class action lawsuit styled Lea Family Partnership Ltd., on behalf of themselves and others similarly situated v. City of Temple Terrace, Florida and Len Valenti, Case No. 16-CA-10528, was removed from the 13th Judicial Circuit in and for Hillsborough County, Florida to the U.S. District Court for the Middle District of Florida (Tampa). The District Court Clerk assigned Case No. 8:16-cv-03463-JSM-AAS to the proceeding. The case alleges Civil Rights Act violation. City of Temple Terrace, Florida is an incorporated city in northeastern Hillsborough County, Florida. The Plaintiff is represented by: Christa L. Collins, Esq. HARMON WOODS PARKER & ABRUNZO, P.A. 110 N 11th St Fl 2 Tampa, FL 33602-4223 Telephone: (727) 421-9589 Facsimile: (813) 222-3616 E-mail: clc@harmonwoodslaw.com The Defendant is represented by: Andrew I. Dayes Donovan Adam Roper, Esq. ROPER & ROPER, PA 116 N Park Ave Apopka, FL 32703 Telephone: (407) 884-9944 Facsimile: (407) 884-4343 E-mail: ddayes@roperandroper.com email@roperandroper.com TOKAI PHARMACEUTICALS: "Wu" Suit Removed to Mass. Dist. Ct. ----------------------------------------------------------- The class action lawsuit styled Hao Wu, individually and on behalf of all others similarly situated v. Tokai Pharmaceuticals, Inc., Jodie Pope Morrison, Lee H. Kalowski, Seth L. Harrison, Timothy J. Barberich, David A. Kessler, Joseph A. Yanchik, III, BMO Capital Markets Corp., Stifel, Nicolaus & Company, Incorporated, William Blair & Company, L.L.C., and Janney Montgomery Scott LLC, Case No. 16-3725-BLS2, was removed from the Superior Court Department, Business Litigation Session, of Suffolk County, Massachusetts to the U.S. District Court for the District of Massachusetts. The District Court Clerk assigned Case No. 16-cv- 12550 to the proceeding. The Plaintiff asserts claims under the Federal Securities Act. The Defendants own and operate a biopharmaceutical company that develops therapies for patients with prostate cancer and other hormonally-driven diseases. The Defendant is represented by: Michael J. Pineault, Esq. CLEMENTS & PINEAULT, LLP 24 Federal Street, 3rd Floor Boston, MA 02110 Telephone: (857) 445-0133 Facsimile: (857) 366-5404 E-mail: mpineault@clementspineault.com TRANSMERIT MERCHANT: Doesn't Properly Pay Workers, Action Claims ---------------------------------------------------------------- Mikeal A. Spray, individually and on behalf of all others similarly situated v. Transmerit Merchant Services Los Angeles, Transmerit Payment Services, LLC, and Does 1 through 50, inclusive, Case No. BC644831 (Cal. Super. Ct., December 22, 2016), is brought against the Defendants for willful misclassification of Class Members as independent contractors, failure to reimburse for cell phone expenses, mileage, and fuel, failure to provide with paid rest periods and pay missed rest period premiums, failure to provide with timely compliant meal periods, and failure to provide with complete wage statements in violation of California Labor Code. The Defendants operate a financial service company that sells point of sales services and equipment to customers located throughout California. The Plaintiff is represented by: Craig J. Ackermann, Esq. ACKERMANN & TILAJEF, P.C. 1180 S. Beverly Drive, Suite 610 Los Angeles, CA 90035 Telephone: (310) 277-0614 Facsimile: (310) 277-0635 E-mail: cja@ackermanntilajef.com - and - Jonathan Melmed, Esq. MELMED LAW GROUP P.C. 1180 S. Beverly Drive, Suite 610 Los Angeles, CA 90035 Telephone: (310) 824-3828 Facsimile: (310) 862-6851 E-mail: jm@melmedlaw.com TYSON FOODS: "Huser" Securities Suit Transferred to W.D. Ark. ------------------------------------------------------------- The case captioned WILLIAM HUSER, Individually and on behalf of all others similarly situated, Plaintiff, v. TYSON FOODS, INC., DONNIE SMITH, and DENNIS LEATHERBY, Defendants, Case No. 5:16-cv- 05371-PKH (October 17, 2016) was transferred to the U.S. District Court for the Western District of Arkansas from the U.S. District Court for the Central District of California. The suit alleges that Defendants made false and/or misleading statements and/or failed to disclose that: (1) since 2008, Tyson Foods has colluded with the country's leading poultry producers to manipulate the supply of broiler-chickens in order to keep the price of broiler-chickens artificially high; (2) from 2013-2016, Tyson Foods exported hatching eggs to Mexico and other foreign countries to artificially reduce the supply of broiler-chickens in the U.S. and to increase the price of broiler-chickens in the U.S.; (3) in turn, Tyson Foods lacked effective internal control over financial reporting; and (4) as a result, Tyson Foods' public statements were materially false and misleading at all relevant times. Defendant Tyson Foods, together with its subsidiaries, operates as a food company worldwide. The Plaintiff is represented by: Laurence M. Rosen, Esq. THE ROSEN LAW FIRM, P.A. 355 South Grand Avenue, Suite 2450 Los Angeles, CA 90071 Phone: (213) 785-2610 Fax: (213) 226-4684 Email: lrosen@rosenlegal.com ULTIMATE SERVICES: Makhmudova Seeks Unpaid Wages Under Labor Law ---------------------------------------------------------------- KLARA MAKHMUDOVA, individually and on behalf of all others similarly situated, the Plaintiff(s), v. ULTIMATE SERVICES FOR YOU, INC., the Defendants, Case No. 522696/2016 (N.Y. Sup. Ct., Dec. 21, 2016), seeks to recover damages in the amount of unpaid minimum wages, unpaid overtime compensation, pre-judgment and post-judgment interest, and attorneys' fees and costs, pursuant to New York Labor Law (NYLL). The action arose out of the systematic failure of the Defendant to pay Plaintiff and others similarly situated for all hours worked, time and one half the minimum wage rate for hours worked in excess of 40 in a work week, spread of hours pay for the days in which Plaintiff and the Class Members worked in excess of ten hours, and to provide pay stubs and other wage notices that conform with the requirements of the NYLL and applicable regulations. The Plaintiff worked as a Home Health Aide and/or a Home Attendant. At the start and end of each work day, Plaintiff would phone in to record her hours. However, Plaintiff was not paid for all of these recorded hours. Moreover, although Plaintiff regularly worked over forty hours in a workweek, she was not paid overtime for all hours worked in excess of forty. The Defendant provides home health care to frail elderly individuals who live in New York City. The Plaintiff is represented by: NAYDENSKIY LAW GROUP, P.C. Gennadiy Naydenskiy, Esq. 1517 Voorhies Ave, 2nd FI. Brooklyn, NY 11235 Telephone: (718) 808 2224 E-mail: naydenskiylaw@gmail.com UNIVERSAL HEALTH: Faces "Heed" Securities Suit Over Disclosures --------------------------------------------------------------- DAVID HEED, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. UNIVERSAL HEALTH SERVICES, INC., ALAN B. MILLER, and STEVE FILTON, Defendants, Case No. 2:16-cv-09499 (C.D. Cal., December 23, 2016), alleges that Defendants violated the U.S. Securities and Exchange Act by making false and/or misleading statements and/or failed to disclose that: (1) Universal Health admitted patients based on its own financial considerations and not upon the medical necessity of the patient; (2) Universal Health would keep patients admitted until their insurance payments ran out in order to ensure the maximum payment for its services; (3) as a result, Universal Health's revenues from inpatient care relied on unsustainable practices; (4) in turn, Universal Health lacked effective internal control concerning its practices and policies of admitting patients; and (5) as a result, Universal Health's public statements were materially false and misleading at all relevant times. Defendant Universal Health, through its subsidiaries, owns and operates acute care hospitals, behavioral health centers, surgical hospitals, ambulatory surgery centers, and radiation oncology centers. The Plaintiff is represented by: Laurence M. Rosen, Esq. THE ROSEN LAW FIRM, P.A. 355 South Grand Avenue, Suite 2450 Los Angeles, CA 90071 Phone: (213) 785-2610 Fax: (213) 226-4684 Email: lrosen@rosenlegal.com UPM INC: "Banegas" Suit Seeks Unpaid Wages Under Labor Code ----------------------------------------------------------- WILFREDO BANEGAS as an individual and on behalf of all others similarly situated, the Plaintiff, v. UPM, INC., a California Corporation; and DOES 1-100, the Defendant, Case No. BC644488 (Cal. Super. Ct., Dec. 21, 2016), seeks to recover unpaid wages and penalties under California Business and Professions Code, the Labor Code, and Industrial Welfare Commission Wage Order. The Plaintiff was employed by Defendants as a non-exempt employee. The Plaintiff was, and is, an alleged victim of Defendants' policies and/or practices, lost money and/or property, and has been deprived of the rights guaranteed by the Labor Code. During Plaintiff's employment with Defendants, Plaintiff often worked seven consecutive days in a workweek, and he worked in excess of eight hours on the seventh day of a workweek, but did not receive double time compensation equal to two times his regular rate of pay for work in excess of eight hours on the seventh day of a workweek. Rather, based upon information and belief, Plaintiff was only compensated at one and one half times his regular rate of pay for work in excess of eight hours on the seventh day of a workweek. As a result, Plaintiff and other non- exempt employees were not compensated for all required double time wages. The Plaintiff is represented by: HAINES LAW GROUP, APC Paul K. Haines, Esq. Tuvia Korobkin, Esq. Sean M. Blakely, Esq. 2274 East Maple Ave. El Segundo, CA 90245 Telephone: (424) 292 2350 Facsimile: (424) 292 2355 E-mail: phaines@haineslawgroup.com tkorobkin@haineslawgroup.com sblakely@haineslawgroup.com WINFIELD MURDOCK: "Blanford" Suit to Recover Minimum, Overtime Pay ------------------------------------------------------------------ Edward Scott Blanford, and others similarly situated, Plaintiff, v. Winfield Murdock Creative Works, LLC, Roger A. Agness and George J. Pereira, individually, Defendants, Case No. 6:16-cv- 02191, (M.D. Fla., December 22, 2016), asserts violation of the Fair Labor Standards Act of 1938. The suit seeks to recover overtime compensation and minimum wage. Winfield Murdock LLC provides costume design services where Blandford has been employed as a sales and marketing employee. Plaintiff is represented by: N. James Turner, Esq. 100 S. Bumby Ave. Orlando, FL 32803 Telephone: (888) 877-5103 Email: njtlaw@gmail.com WYNDHAM WORLDWIDE: Faces "Foutz" Suit Alleging FLSA Violations -------------------------------------------------------------- KENDRA FOUTZ and NIKKI COLEMAN, individuals, on behalf of themselves, and on behalf of all persons similarly situated, Plaintiffs, vs. WYNDHAM WORLDWIDE OPERATIONS, INC., a Delaware corporation, Defendant, Case No. 3:16-cv-03489-L (N.D. Tex., December 22, 2016), seeks to have all Payroll Analyst staff members reclassified as non-exempt and recover all the compensation that Defendant, Wyndham Worldwide Operations, Inc. was allegedly required by law to provide, but failed to provide under the Fair Labor Standards Act. Defendant WWO does business in the State of Texas operating several hundred hotel and resort locations throughout the state. The Plaintiff is represented by: John H. Allen, III, Esq. Jennifer Williams, Esq. Amber Martin, Esq. JACKSON ALLEN & WILLIAMS, LLP 3838 Oak Lawn Ave., Suite 1100 Dallas, TX 75219 Phone: (214) 521-2300 Fax: (214) 452-5637 E-mail: tallen@jacksonallenfirm.com jwilliams@jacksonallenfirm.com amartin@jacksonallenfirm.com YAHOO! INC: Faces "Johnson" Suit Over August 2013 Data Breach ------------------------------------------------------------- JOHN JOHNSON, Individually and on behalf of all others similarly situated, Plaintiffs, v. YAHOO! INC., Defendant, Case No. 5:16-cv- 07291 (N.D. Cal., December 22, 2016) was filed over Yahoo's failure to create and implement proper security mechanisms to safeguard its customers' personal information, resulting to an August 2013 hack, which was revealed in the company's December 14, 2016 filing with the Securities and Exchange Commission. Yahoo is a global internet media company that offers communications, content, and a community platform that delivers consumer experiences and advertising solutions across digital screens. The Plaintiff is represented by: Joseph W. Cotchett, Esq. Nanci E. Nishimura, Esq. Adam J. Zapala, Esq. Camilo Artiga-Purcell, Esq. COTCHETT, PITRE & McCARTHY, LLP San Francisco Airport Office Center 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Phone: (650) 697-6000 Fax: (650) 697-0577 E-mail: jcotchett@cpmlegal.com nnishimura@cpmlegal.com azapala@cpmlegal.com cartigapurcell@cpmlegal.com YAHOO INC: "Filares" Class Suit Consolidated in MDL 2752 -------------------------------------------------------- The class action lawsuit captioned Francisco Filares, individually and on behalf of all others similarly situated v. Yahoo Inc., Case No. 3:16-cv-02464, was transferred from the U.S. District Court for the Southern District of California to the U.S. District Court for the Northern District of California (San Jose). The District Court Clerk assigned Case No. 5:16-cv-07227-LHK to the proceeding. The lawsuit is consolidated in the multidistrict litigation known as In re: Yahoo Inc. Personal Property Damage Litigation, MDL No. 2752. Yahoo Inc. is a multinational technology company headquartered in Sunnyvale, California. The Plaintiff is represented by: Natasha Azadeh Naraghi, Esq. LAW OFFICES OF ALEXANDER M. SCHACK 16870 W. Bernardo Drive, Suite 400 San Diego, CA 92127 Telephone: (858) 485-6535 Facsimile: (858) 485-0608 E-mail: natashanaraghi@amslawoffice.com The Defendant is represented by: Jason J. Kim, Esq. HUNTON & WILLIAMS, LLP 550 South Hope Street, Suite 2000 Los Angeles, CA 90240 Telephone: (213) 532-2000 Facsimile: (213) 532-2020 E-mail kimj@hunton.com ZAPPOROO LLC: Faces "Durden" Lawsuit Seeking OT Pay Under FLSA -------------------------------------------------------------- ANDREW DURDEN, CARLOS VISO, CHRISTOPHER DIEGUEZ, KRISTOPHER MESA, and SASHA HERNANDEZ and other similarly situated individuals, Plaintiff(s), v. ZAPPOROO, LLC, JOEL CORDLE II, JOSHUA DAMIEN CORDLE, CARMEN LAKATIS and JOHN EDWARD LAKATIS, Defendants, Case No. 1:16-cv-25331-JAL (S.D. Fla., December 27, 2016), seeks to recover money damages for alleged unpaid overtime and minimum wages under the Fair Labor Standards Act. Zapporoo is an app development company. The Plaintiff is represented by: Edward Rosenberg, Esq. SORONDO ROSENBERG PA 1825 Ponce de Leon Blvd. #329 Coral Gables, FL 33134 Phone: 786.708.7550 Email: rer@sorondorosenberg.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala, Joy A. Agravantefor, Valerie Udtuhan, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2017. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000 or Nina Novak at 202-362-8552. * * * End of Transmission * * *