/raid1/www/Hosts/bankrupt/CAR_Public/170123.mbx
C L A S S A C T I O N R E P O R T E R
Monday, January 23, 2017, Vol. 19, No. 16
Headlines
2JR PIZZA: "Stidham" Suit Seeks Unpaid Minimum Wages Under FLSA
A. FERRY: "Foxe" Seeks to Recoup Pay Under FLSA, NY Labor Laws
A.B. SEAFOOD: "Canelas" Suit Alleges Violations of Mass. OT Law
ACE HOMECARE: Molina Moves Certification of WARN & Wages Classes
ACTAVIS ELIZABETH: Castillo Sues Over Overpriced Propranolol
ALL ROMANCE: Faces Brenda Cothern Suit in Fla. Cir. Ct.
ALLTRAN FINANCIAL: Illegally Collects Debt, "Sperber" Suit Claims
AREA WIDE: "Kluser" Suit to Recover Unpaid Wages Under FLSA
ASIA FIVE: Faces "Ashraf" Suit Under FLSA, New York Labor Law
ASSOCIATED SUPERMARKET: "Hernandez" Suit to Recover Overtime Pay
BIRRIERIA LA: "Zaragoza" Suit Alleges Violations of Labor Laws
BOGALUSA, LA: Cook Seeks Certification of Class and Subclass
BROWN & BROWN: "Thompson" Seeks to Recover Wages Under FLSA
C & S OILFIELD: Faces "Olivas" Suit Under FLSA, N.Mex. Wage Law
CABLEVISION SYSTEMS: "Jensen" Action Alleges WiFi Piggybacking
CARDIN DRIVE-IN: Garrett Seeks Certification of Class Under FLSA
CASHCALL INC: "Kim" Suit Seeks to Recover Unpaid Overtime Wages
CERNX MN: "Carson" Suit Seeks Unpaid Minimum Pay Under Labor Code
CNX GAS: Royalty Interest Owners Class Certified in "Kinney" Suit
DISCOVER FINANCIAL: Status Hearing in "Gingerich" Suit on Mar. 13
EDGE INFORMATION: Faces "Lopez" Suit in Eastern Dist. of Pa.
EDWARD JENKINS: Vallejo Seeks Unpaid Min. Wages Under Labor Code
EEG INC: Faces "Gould" Class Suit in M.D. of Pa.
FALONI & ASSOCIATES: Wins Prelim. OK of "Maldonado" Suit Accord
GLOBAL CREDIT: Accused of Wrongful Conduct Over Debt Collection
HALL COUNTY, GA: Rounds Sues Over Freeze of Pension Benefits
HBS SERVICES: Overtime Wages Sought in "Henry" Suit
HERTZ CORP: "White" Suit Seeks to Recoup Pay Under FLSA, NJ Law
HUTCHINSON TREE: FLSA Class Certification Sought in "Berber" Suit
ILLINOIS, USA: Status Hearing in "Donegan" Suit Cont'd to Feb. 21
IRISH CONSTRUCTION: Hernandez Seeks Unpaid Wages Under Labor Code
JJM CAPITAL: "Wagner" Suit Seeks to Recover Wages Under FLSA
KOHL'S DEPARTMENT: Faces "Viggiano" Suit in Dist. of New Jersey
KOVITZ SHIFRIN: Seeks Final Okay of "McCarter" Class Settlement
LAZ PARKING: Faces "Duarte" Labor Lawsuit in Cal. Super. Court
LO FLORIST: Faces "Arellano" Suit Over Failure to Pay Overtime
LOTTE HOTEL: Faces "Swartz" Suit Alleging Violations of ADA
MASTIHA CORP: Faces "Martinez" Suit Over Failure to Pay Overtime
MONDELEZ INTERNATIONAL: Faces "Daniel" Suit in E.D. of New York
MY PILLOW INC: Faces "Kautsky" Suit in District of Montana
NATURES BOUNTY: Faces "Marlowe" Suit in Ohio Common Pleas Court
NESTLE USA: "Hawkins" Suit Moved from Cir. Ct. to E.D. Mo.
NEW CENTURY: Wins Prelim. Approval of Settlement in "Cohn" Suit
NITRO FLUIDS: Seeks Approval of Stipulation in "Ochoa" Suit
NORTHLAND GROUP: Illegally Collects Debt, "Wieder" Suit Claims
NORTHSTAR LOCATION: Illegally Collects Debt, "Ross" Suit Claims
PARKATLANTA, LLC: "Moultrie" Suit Seeks Compensatory Damages
PRUDENTIAL RETIREMENT: Wood Seeks to Certify Class Under ERISA
QUALITY RESOURCES: Certification of Class Sought in "Toney" Suit
RANDOLPH-BROOKS: Files Notice of Removal of "Walsh" Lawsuit
RITE AID: Whitten Seeks Minimum and OT Wages Under Labor Code
SHIRE LLC: Rochester Sues Over Firm's Reverse Payment Deal
SOLASI ACCOUNTING: Faces "Barrios" Suit Over Failure to Pay OT
SPAR GROUP: "Hogan" Suit Alleges Misclassification, Claims Damages
STONEWORKS OF MANATEE: "Maldonado" Suit Alleges FLSA Violations
SYNGENTA AG: "Stracener" Suit Consolidated in MDL 2591
SYNGENTA AG: Triple K Suit Consolidated in MDL 2591
TECHSOL LLC: "Weston" Suit Seeks Overtime Wages Under FLSA
TECHSOL LLC: "Weston" Suit Seeks Overtime Wages Under FLSA
TEXAS STAIN: Faces "Patterson" Suit Alleging Violations of FLSA
TOYOTA MOTOR: "Johns" Sues Over Denied Warranty on Wiring Defect
TRAVELERS HOME: Sued Over Extended Transportation Policies
UNITED STATES: HUD Faces Associated Mortgage Suit in D.D.C.
WYNDHAM VACATION: Has Made Unsolicited Calls, "Evelyn" Suit Says
YAHOO! INC: "Baker" Suit Consolidated in MDL 2752
*********
2JR PIZZA: "Stidham" Suit Seeks Unpaid Minimum Wages Under FLSA
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ROBERT STIDHAM, individually and on behalf of similarly situated
persons, the Plaintiff, v. 2JR PIZZA ENTERPRISES, LLC, the
Defendant, Case No. 1:17-cv-00105-JMS-DML (S.D. Ind., Jan. 11,
2017), seeks to recover, under the Fair Labor Standards Act
(FLSA), unpaid minimum wages owed to himself and similarly
situated delivery drivers employed by Defendant at its Pizza Hut
stores.
According to the complaint, the Defendant employs delivery drivers
who use their own automobiles to deliver pizza and other food
items to its customers. Instead of reimbursing delivery drivers
for the reasonably approximate costs of the business use of their
vehicles, Defendant uses a flawed method to determine
reimbursement rates that provides such an unreasonably low rate
beneath any reasonable approximation of the expenses they incur
that the drivers' unreimbursed expenses cause their wages to fall
below the federal minimum wage during some or all workweeks.
The Defendant operates approximately 42 Pizza Hut franchise stores
in Indiana, Illinois, Iowa and Kentucky.
The Plaintiff is represented by:
Jack D. McInnes, Esq.
PAUL McINNES LLP
601 Walnut, Suite 300
Kansas City, MO 64106
Telephone: (816) 984 8100
Facsimile: (816) 984 8101
E-mail: mcinnes@paulmcinnes.com
- and -
Mark A. Potashnick, Esq.
WEINHAUS & POTASHNICK
11500 Olive Blvd., Suite 133
St. Louis, MO 63141
Telephone: (314) 997 9150
Facsimile: (314) 997 9170
E-mail: markp@wp-attorneys.com
- and -
Charles C. Hayes, Esq.
HAYES RUEMMELE LLC
141 E. Washington Street, Suite 225
Indianapolis, IN 46204
Telephone: (317) 491 1050
Facsimile: (317) 491 1043
E-mail: charleshayes.atty@gmail.com
A. FERRY: "Foxe" Seeks to Recoup Pay Under FLSA, NY Labor Laws
--------------------------------------------------------------
DUANE FOXE and ALBERT DENNIS, individually and on behalf of all
other persons similarly situated who were employed by ANTHONY G.
FERRY, INC. and A. FERRY ELECTRICAL PROJECT MANAGEMENT SERVICES,
INC., all d/b/a AGF ELECTRICAL CONTRACTORS, PATRICK KENNELLY,
individually, and/or any other related or affiliated entities,
Plaintiffs, against ANTHONY G. FERRY, INC. and A. FERRY ELECTRICAL
PROJECT MANAGEMENT SERVICES, INC., all d/b/a AGF
ELECTRICAL CONTRACTORS, PATRICK KENNELLY, individually, and/or any
other related or affiliated entities, Defendants, Case No. 1:17-
cv-00155-CM (S.D.N.Y., January 9, 2017), was brought to recover
alleged unpaid overtime work pursuant to the Fair Labor Standards
Act, New York Labor Law, and New York Codes, Rules and
Regulations.
A. FERRY ELECTRICAL PROJECT MANAGEMENT SERVICES, INC. is an entity
registered at KINGS county, and located at 217A Fordham Street
Bronx, New York, 10464. Patrick Kennelly is the company's chief
executive officer.
The Plaintiffs are represented by:
Lloyd Ambinder, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street, 7th Floor
New York, NY 10004
Phone: (212) 943-9080
Fax: (212) 943-9082
E-mail: llambinder@vandallp.com
A.B. SEAFOOD: "Canelas" Suit Alleges Violations of Mass. OT Law
---------------------------------------------------------------
Kareni Canelas, individually and on behalf of others similarly
situated, Plaintiff, v. A.B. SEAFOOD, LLC and Kevin C. Mullaney,
Defendants, Case No. 17-0072H (Mass. Super., January 9, 2017),
seeks relief for Defendants' alleged violation of the
Massachusetts Overtime Law.
The Defendants operate a wholesale fish and seafood company.
The Plaintiff is represented by:
Sarah R. Pins, Esq.
Raven Moeslinger, Esq.
Nicholas F. Ortiz, Esq.
LAW OFFICE OF NICHOLAS F. ORTIZ, P.C.
99 High Street, Suite 304
Boston, MA 02110
Phone: (617)338-9400
Email: srp@mass-legal.com
ACE HOMECARE: Molina Moves Certification of WARN & Wages Classes
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The Plaintiffs in the lawsuit captioned TONI MOLINA, ERICA TOVAR,
TARA WARD, LY NGUYEN, CONSUELO POWELL DONALD HALL, and DEBBIE
BURGESS, on behalf of themselves and all others similarly situated
v. ACE HOMECARE, LLC, BRL INVESTMENTS, LLC, ARTHUR BARLAAN, and
JOCELYN BARLAAN, Case No. 8:16-cv-02214-JDW-TGW (M.D. Fla.), seek
certification of two distinct classes:
(1) WARN Act Class:
Any employee of ACE HOMECARE, LLC in Florida who was not
given a minimum of 60 days' written notice of termination
and whose employment was terminated as a result of a "mass
layoff" or "plant closing" as defined in CFR 639.3 and
regulated by federal statute as codified under 29 U.S.C.
Section 2101 under the Workers Adjustment and Retraining
Notification Act of 1988. The class excludes "part-time"
employees as defined under 29 U.S.C. Section 2101(a)(8);
and
(2) Unpaid Common Law Wages Class:
Any employee of ACE HOMECARE, LLC in Florida who worked
but was not paid all wages owed for the time period from
February 29, 2016 to March 13, 2016. This class seeks to
recover the difference between Florida's minimum wage and
each putative members' salary and/or hourly wage.
The lawsuit is brought on behalf of the Plaintiffs and all other
similarly situated persons, who performed work for the Defendants
and, for the last weeks, received no pay whatsoever and were
summarily fired with no warning. The Plaintiffs allege that the
Defendants blatantly violated the Plaintiffs' rights under the
Worker Adjustment and Retraining Notification Act by shutting its
doors without even attempting to follow the WARN Act closure
mandates, leaving hundreds of people across the state of Florida
jobless.
The Plaintiffs also ask the Court to appoint Toni Molina as class
representative, and appoint the law firms Wenzel, Fenton, Cabassa,
P.A. and Black Rock Trial Group as class counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=HkNFm0RO
The Plaintiffs are represented by:
Luis A. Cabassa, Esq.
Brandon J. Hill, Esq.
WENZEL FENTON CABASSA, P.A.
1110 North Florida Avenue, Suite 300
Tampa, FL 33602
Telephone: (813) 224-0431
Facsimile: (813) 229-8712
E-mail: lcabassa@wfclaw.com
bhill@wfclaw.com
jriley@wfclaw.com
- and -
Chad A. Justice, Esq.
BLACK ROCK TRIAL LAWYERS
201 S Westland Avenue
Tampa, FL 33606
Telephone: (813) 254-1777
Facsimile: (813) 254-3999
E-mail: chadjustice@blackrocklaw.com
ACTAVIS ELIZABETH: Castillo Sues Over Overpriced Propranolol
------------------------------------------------------------
Cesar Castillo, Inc., individually and on behalf of all those
similarly situated, Plaintiff, v. Actavis Elizabeth, LLC,
Breckenridge Pharmaceuticals, Inc., Endo International PLC,
Heritage Pharmaceuticals Inc., Mylan Inc., Mylan Pharmaceuticals
Inc., Par Pharmaceuticals Holdings, Inc., Pliva, Inc., Teva
Pharmaceuticals USA, Inc., UDL Laboratories, Inc., and Upsher-
Smith Laboratories, Inc., Defendants, Case No. 1:17-cv-00078,
(S.D. N.Y., January 5, 2017), seeks to recover treble damages,
costs of suit and reasonable attorneys' fees resulting from
overcharging of generic propranolol in violation of the Sherman
Act and Clayton Act.
Propranolol is a beta-blocker, indicated to treat a variety of
heart and circulation conditions, including angina, hypertension,
tremors, heart attack prevention, heart rhythm disorders, and
other heart or circulatory conditions.
Cesar Castillo, Inc. is a corporation organized under the laws of
the Commonwealth of Puerto Rico, with its principal place of
business and headquarters located at Bo. Quebradas Arena, Rd. #1
Km. 26.0, Rio Piedras, Puerto Rico, 00926. Plaintiff purchased
generic propranolol directly from one or more Defendants at
excessive prices.
Actavis Elizabeth, LLC is a Delaware limited liability company
with its principal place of business at 200 Elmora Ave.,
Elizabeth, NJ 07207. Actavis merged with Allergan, PLC and adopted
Allergan's name. In August 2016, Teva purchased the Actavis
Generics business.
Teva Pharmaceuticals Curacao N.V. develops, manufactures and
distribute generic pharmaceutical products.
Pliva, Inc. is a New Jersey corporation with its principal place
of business at 72 Deforest Ave, East Hanover, NJ 07936. Pliva is a
subsidiary of Teva Pharmaceutical Industries, Ltd.
Endo International PLC is an Irish corporation with its principal
place of business located at First Floor, Minerva House,
Simmonscourt Road, Ballsbridge, Dublin 4, Ireland.
Par Pharmaceuticals Holdings, Inc. is a Delaware corporation with
its principal place of business at One Ram Ridge Road, Chestnut
Ridge, NY 10977. In September 2016, Endo International completed
an acquisition of Par at which time it created a combined U.S.
Generics segment that included Par and Qualitest, naming the
segment Par Pharmaceutical, an Endo International Company.
Breckenridge Pharmaceuticals, Inc. is a Delaware corporation with
its principal place of business at 1 Passaic Ave, Fairfield, NJ
07004.
Heritage Pharmaceuticals Inc. is a Delaware corporation with its
principal place of business at 12 Christopher Way #300, Eatontown,
NJ 07724
Upsher-Smith Laboratories, Inc. is a Minnesota corporation with
its principal place of business at 6701 Evenstad Drive, Maple
Grove, MN 55369.
These companies sold Propranolol capsules throughout the United
States.
Mylan Inc. is a Pennsylvania corporation with its principal place
of business at 1000 Mylan Blvd., Canonsburg, PA 15317. It sold
Propranolol tablets and capsules through its subsidiaries, Mylan
Pharmaceuticals Inc. and UDL Laboratories, Inc.
UDL Laboratories, Inc. is an Illinois corporation with its
principal place of business at 1718 Northrock Ct, Rockford, IL
61103. UDL is a subsidiary of Mylan, Inc.
Plaintiff is represented by:
Linda P. Nussbaum, Esq.
NUSSBAUM LAW GROUP, P.C.
570 Lexington Avenue, 19 Fl.
New York, NY 10022
Tel: (212) 722-7053
Email: lnussbaum@nussbaumpc.com
- and -
Juan R. Rivera Font, Esq.
JUAN R. RIVERA FONT LLC
Ave. Gonzalez Giusti #27, Suite 602
Guaynabo, PR 00968
Tel: (787) 751-5290
Email: juan@riverafont.com
ALL ROMANCE: Faces Brenda Cothern Suit in Fla. Cir. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against ALL ROMANCE E-BOOKS
LLC. The case is captioned as BRENDA COTHERN BOOKS INC., A/AN
FLORIDA CORPORATION ON BEHALF OF ITSELF AND ALL OTHERS SIMILARLY
SITUATED, A/AN FLORIDA CORPORATION 180 PARK AVENUE NORTH SUITE 2A
WINTER PARK, FL 32789, the Plaintiff, v. ALL ROMANCE E-BOOKS LLC,
A/AN FLORIDA CORPORATION, A/AN FLORIDA CORPORATION C/O TEICHMAN
LAW FIRM 100 NORTH TAMPA STREET SUITE 2435 TAMPA, FL 33602; and
JAMES, LORI 500 W HARBOR DRIVE No. 1103, SAN DIEGO, FL 92101, the
Defendants, Case No. 17-000247-CI (Fla. Cir. Ct., Jan. 12, 2016).
The case is assigned to Hon. ST. ARNOLD, JACK R.
All Romance E-Books offers romance novels, happily-ever-after
books and free romantic stories.
ALLTRAN FINANCIAL: Illegally Collects Debt, "Sperber" Suit Claims
-----------------------------------------------------------------
Meyer Sperber, on behalf of himself and all other similarly
situated consumers v. Alltran Financial, LP f/k/a United Recovery
Systems, L.P., Case No. 1:17-cv-00232 (E.D.N.Y., January 16,
2017), seeks to stop the Defendant's unfair and unconscionable
means to collect a debt.
Alltran Financial, LP owns and operates a debt collection firm
headquartered in Houston, Texas.
Meyer Sperber is a pro se plaintiff.
AREA WIDE: "Kluser" Suit to Recover Unpaid Wages Under FLSA
-----------------------------------------------------------
CLIFTON KLUSER and DAVID SPENCER, on behalf of themselves and
others similarly situated, Plaintiffs, vs. AREA WIDE PROTECTIVE,
INC., d/b/a AWP, INC., a foreign profit corporation, Defendant,
Case No. 8:17-cv-00062-EAK-MAP (M.D. Fla., January 9, 2017), was
filed under the Fair Labor Standards Act to recover alleged unpaid
overtime wages, and an additional equal amount as liquidated
damages; obtain declaratory relief; and reasonable attorney's fees
and costs.
Defendant is in the business of temporary traffic control,
providing safety services to roadside work crews.
The Plaintiffs are represented by:
Marc R. Edelman, Esq.
MORGAN & MORGAN, P.A.
201 N. Franklin Street, Suite 700
Tampa, FL 33602
Phone: 813-223-5505
Fax: 813-257-0572
Email: Medelman@forthepeople.com
ASIA FIVE: Faces "Ashraf" Suit Under FLSA, New York Labor Law
-------------------------------------------------------------
ABU ASHRAF, on behalf of himself and on behalf of other similarly-
situated individuals, Plaintiff, against ASIA FIVE EIGHT, LLC
d/b/a TAO UPTOWN, Defendant, INDEX NO. 150249/2017 (N.Y. Sup.,
County of New York, January 9, 2017), alleges (i) failure to pay
minimum wage in violation of the Fair Labor Standards Act and the
New York Labor Law; (ii) illegal retention and distribution to tip
ineligible employees of gratuities and "charges purported to be
gratuities" in violation of NYLL; (iii) failure to pay overtime in
violation of the FLSA and the NYLL;
(iv) failure to pay wages for all hours worked, resulting in
substantial "off-the-clock" work in violation of NYLL; (v)
unlawful deductions from wages in violation of NYLL; (vi) failure
to furnish accurate wage statements and wage notices in violation
of NYLL; and (vii) failure to pay "Spread of Hours" pay in
violation of the NYLL.
Defendant TAO Asian Bistro - Uptown owns a restaurant.
The Plaintiff is represented by:
David E. Gottlieb, Esq.
Tanvir H. Rahman, Esq.
WIGDOR LLP
85 Fifth Avenue
New York, NY 10003
Phone: (212) 257-6800
Fax: (212) 257-6845
E-mail: dgottlieb@wigdorlaw.com
trahman@wigdorlaw.com
ASSOCIATED SUPERMARKET: "Hernandez" Suit to Recover Overtime Pay
----------------------------------------------------------------
Juan F. Hernandez, on behalf of himself, and other similarly
situated employees, Plaintiff, v. Fruits, Produce & Grocery Corp.
d/b/a Associated Supermarket, Pablo Espinal and Gladys M. Espinal,
Defendants, Case No. 1:17-cv-00120, (S.D. N.Y., January 8, 2017),
seeks to recover unpaid minimum wages and overtime compensation,
liquidated damages, prejudgment and post-judgment interest and
attorneys' fees and costs under the Fair Labor Standards Act and
New York Labor Law.
Fruits, Produce & Grocery Corp. operates Associated Supermarket
located at 334 Louis Nine Boulevard, Bronx, New York 10459 where
Plaintiff worked in the meat department as a stock person and
butcher from June 28, 2014 until December 24, 2016.
Plaintiff worked six days a week, nine hours per day without
overtime pay for hours in excess of 40 per week.
Plaintiff is represented by:
Justin Cilenti, Esq.
Peter H. Cooper, Esq.
708 Third Avenue - 6th Floor
New York, NY 10017
Tel: (212) 209-3933
Fax: (212) 209-7102
BIRRIERIA LA: "Zaragoza" Suit Alleges Violations of Labor Laws
--------------------------------------------------------------
Ana Maria Zaragoza, as an individual and on behalf of all
employees similarly situated, Plaintiff, v. Birrieria La Barca
Jalisco Restaurant; and Does 1 through 50, inclusive, Defendants,
BC 646086 (Cal. Super., January 9, 2017) alleges Defendant's
failure to pay all wages due in violation of the California Labor
Code, including both regular and overtime wages; failure to
provide meal periods or compensation in lieu thereof, the
applicable Industrial Welfare Commission Wage Orders, and Code of
Regulations; failure to provide rest periods or compensation in
lieu thereof, the applicable Industrial Welfare Commission Wage
Orders, and Code of Regulations; failure to provide accurate
itemized wage statements upon payment of wages; and failure to pay
wages of terminated or resigned employees; and failure to
reimburse employees for necessary business expenses pursuant to
the Labor Code.
The Plaintiff is represented by:
Kevin Mahoney, Esq.
Alina B. Mazeika, Esq.
MAHONEY LAW GROUP, APC
249 East Ocean Boulevard, Suite 814
Long Beach, CA 90802
Phone: (562) 590-5550
Fax: (562) 590-8400
E-mail: kmahoney@mahoney-law.net
amazeika@mahoney-law.net
BOGALUSA, LA: Cook Seeks Certification of Class and Subclass
------------------------------------------------------------
The Plaintiffs in the lawsuit captioned LATASHA COOK, ROBERT LEVI,
EBONY ROBERTS, ROZZIE SCOTT, RICHARD BOLGIANO, BENNY GRAHAM, JAMES
LORIO, BRADLEY MOSES, and MARISA PAM, on behalf of themselves and
those similarly situated v. ROBERT J. BLACK, in his individual and
official capacities, and BOGALUSA CITY COURT, Case No. 2:16-cv-
11024-ILRL-MBN (E.D. La.), filed their renewed motion for class
certification.
Robert J. Black is a judge in the Bogalusa City Court, in
Bogalusa, Louisiana.
The Plaintiffs move to certify these Class and Subclass,
respectively, for declaratory and injunctive relief under Claims
One, Two, Three, Four, and Six of the Complaint:
The Structural Bias Equitable Class:
All individuals who will appear in the Bogalusa City Court
for criminal cases or who have unpaid fines and costs
assessed by and owed to the City Court; and
The Pay Date Equitable Subclass:
All individuals who were or will be adjudicated guilty in
the Bogalusa City Court, who have been or will be given a
future date by which to return to City Court, and who have
not paid the assessed fines and costs in full or have not
completed the assessed community service prior to returning
to City Court.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=8KxAKh2k
The Plaintiffs are represented by:
Ivy Wang, Esq.
SOUTHERN POVERTY LAW CENTER
1055 St. Charles Avenue, Suite 505
New Orleans, LA 70130
Telephone: (504) 228-7279
Facsimile: (504) 486-8947
E-mail: ivy.wang@splcenter.org
- and -
Sara Zampierin, Esq.
Micah West, Esq.
Samuel Brooke, Esq.
Emily Early, Esq.
SOUTHERN POVERTY LAW CENTER
400 Washington Avenue
Montgomery, AL 36104
Telephone: (334) 956-8200
Facsimile: (334) 956-8481
E-mail: sara.zampierin@splcenter.org
micah.west@splcenter.org
samuel.brooke@splcenter.org
emily.early@splcenter.org
Defendants Robert Black and Bogalusa City Court are represented
by:
E.B. "Ted" Dittmer, II
TALLEY, ANTHONY, HUGHES & KNIGHT, LLC
322 Columbia Street
Bogalusa, LA 70427
Telephone: (985) 732-7151
Facsimile: (985) 732-1664
E-mail: ted.dittmer@talleyanthony.com
- and -
Shannon B. Dirmann, Esq.
David Sanders, Esq.
LOUISIANA DEPARTMENT OF JUSTICE
1885 N. 3rd Street
Baton Rouge, LA 70802
Telephone: (225) 326-6026
E-mail: dirmanns@ag.louisiana.gov
sandersd@ag.louisiana.gov
- and -
Patricia Hill Wilton, Esq.
LOUISIANA DEPARTMENT OF JUSTICE
ATTORNEY GENERAL'S OFFICE
P. O. Box 94005
Capitol Station
Baton Rouge, LA 70804
Telephone: (225) 326-6002
E-mail: wiltonp@ag.state.la.us
BROWN & BROWN: "Thompson" Seeks to Recover Wages Under FLSA
-----------------------------------------------------------
SANDRA THOMPSON, on behalf of herself and others similarly
situated, Plaintiff, vs. BROWN & BROWN, INC., Defendant, Case No.
8:17-cv-00059-JDW-TBM (M.D. Fla., January 9, 2017), was filed for
damages and for declaratory relief, under the Fair Labor Standards
Act, to recover alleged unpaid overtime wages, an additional equal
amount as liquidated damages, obtain declaratory relief, and
reasonable attorney's fees and costs and relief as available under
Florida common law.
Brown & Brown, Inc. -- https://www.bbinsurance.com/ -- and its
subsidiaries provide a range of insurance and reinsurance products
and services.
The Plaintiff is represented by:
Marc R. Edelman, Esq.
MORGAN & MORGAN, P.A.
201 N. Franklin Street, Suite 700
Tampa, FL 33602
Phone: 813-223-5505
Fax: 813-257-0572
Email: Medelman@forthepeople.com
C & S OILFIELD: Faces "Olivas" Suit Under FLSA, N.Mex. Wage Law
---------------------------------------------------------------
A.J. OLIVAS, individually and on behalf of those similarly
situated, Plaintiff, v. C & S OILFIELD SERVICES, LLC, DEWEY
COFFMAN, individually, and BRETT COFFMAN, individually,
Defendants, Case No. 2:17-cv-00022 (D.N.M., January 9, 2017),
seeks to collect the wages and damages allegedly owed to Oilfield
Workers as a result of Defendants' continued violations of the New
Mexico Wage Law and Fair Labor Standards Act by enforcing their
overtime policy.
Defendants are involved in the business of providing water
transfer and other oilfield services throughout the Southwest
United States.
The Plaintiff is represented by:
J. Derek Braziel, Esq.
Jay Forester, Esq.
LEE & BRAZIEL, L.L.P.
1801 N. Lamar Street, Suite 325
Dallas, TX 75202
Phone: (214) 749-1400
Fax: (214) 749-1010
- and -
Jack Siegel, Esq.
SIEGEL LAW GROUP PLLC
10440 N. Central Expy., Suite 1040
Dallas, TX 75231
Phone: (214) 706-0834
Fax: (469) 339-0204
CABLEVISION SYSTEMS: "Jensen" Action Alleges WiFi Piggybacking
--------------------------------------------------------------
Paul Jensen, individually and on behalf of all others situated,
Plaintiff, v. Cablevision Systems Corporation, Altice N.V. and
Does 1-100, inclusive, Defendants, Case No. 1:17-cv-00100, (E.D.
N.Y., January 5, 2017), seeks injunctive and declaratory relief,
restitution and monetary damages for violation of the Computer
Fraud and Abuse Act and New York General Business Law.
Cablevision Systems Corporation is a media corporation organized
and existing under the laws of the State of Delaware, with its
principle place of business located at 1111 Stewart Avenue,
Bethpage, NY 11714. Cablevision provides the Optimum Online
Service to residential customers in New York, New Jersey,
Connecticut and Pennsylvania.
Altice N.V. is a multinational telecommunications company with a
presence in the United States, with its principle place of
business in Amsterdam, the Netherlands. Altice N.V. provides
and/or oversees Optimum Online Service to residential customers in
New York, New Jersey, Connecticut, and Pennsylvania.
Defendants are alleged of utilizing home internet hotspots of
their subscribers as a piggy-back for their internet service to
other subscribers within the vicinity.
Plaintiff is represented by:
Gillian L. Wade, Esq.
Sara D. Avila, Esq.
MILSTEIN, ADELMAN, JACKSON, FAIRCHILD & WADE, LLP
10250 Constellation Blvd., 14th Floor
Los Angeles, CA 90067
Telephone: (310) 396-9600
Fax: (310) 396-9635
Email: gwade@majfw.com
savila@majfw.com
- and -
Joseph H. Bates, Esq.
CARNEY BATES & PULLIAM, PLLC
519 W. 7th Street
Little Rock, AR 72201
Telephone: (501) 312-8500
Facsimile: (501) 312-8505
Email: hbates@cbplaw.com
- and -
M. Ryan Casey, Esq.
THE CASEY LAW FIRM LLC
20 NE Thompson Street
Portland, OR 97212
Telephone: (503) 928-7611
Facsimile: (503) 345-7470
Email: ryan@rcaseylaw.com
- and -
Brian T. Ku. Esq.
Louis I. Mussman
KU & MUSSMAN, P.A.
6001 NW 153rd St., Suite 100
Miami Lakes, FL 33014
Telephone: (305) 891-1322
Facsimile: (305) 891-4512
Email: brian@kumussman.com
louis@kumussman.com
CARDIN DRIVE-IN: Garrett Seeks Certification of Class Under FLSA
----------------------------------------------------------------
The Plaintiffs in the lawsuit captioned CHERYL GARRETT, AMY GRUBB,
JENNIFER PATRICK and BRITTANY SMALLEY, Individually and on behalf
of all other similarly situated current and former employees v.
CARDIN DRIVE-IN, INC, a Tennessee Corporation, and WILMA JEAN
CARDIN, Individually, Case No. 3:16-cv-00551-RLJ-HBG (E.D. Tenn.),
move the Court for an order:
(1) authorizing the case to proceed as a collective action for
minimum wage and overtime violations under the Fair Labor
Standards Act, on behalf of all non-exempt hourly-paid
employees of Defendants who worked at Defendants' Cardin
Drive-In restaurant during the last 3 years;
(2) directing Defendants to immediately provide, in a computer
readable file, a list of alphabetized names, last known
physical addresses, last known e-mail addresses, social
security numbers (for the purposes of locating employees
who are otherwise unreachable), and last known telephone
numbers for all non-exempt hourly-paid employees of
Defendants who were employed at Defendants' Cardin
Drive-In restaurant within the last three years;
(3) requiring notice to be prominently posted at Defendants'
Cardin Drive-In restaurant, such notice to be attached to
current employees' next scheduled pay check or pay stub,
and such notice to be mailed and e-mailed to such
hourly-paid current and former employees so that they can
assert their claims on a timely basis as part of the
litigation;
(4) tolling the statute of limitations for the putative class
as of the date the Motion is granted; and
(5) declaring the Opt-in Plaintiffs' Consent Forms as "filed"
on the date they were postmarked.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=plIrcfM1
The Plaintiffs are represented by:
Gordon E. Jackson, Esq.
James L. Holt, Jr., Esq.
J. Russ Bryant, Esq.
Paula R. Jackson, Esq.
JACKSON, SHIELDS, YEISER & HOLT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
E-mail: gjackson@jsyc.com
jholt@jsyc.com
rbryant@jsyc.com
pjackson@jsyc.com
CASHCALL INC: "Kim" Suit Seeks to Recover Unpaid Overtime Wages
---------------------------------------------------------------
Johnny Kim, on behalf of himself and all others similarly situated
v. Cashcall, Inc., Case No. 8:17-cv-00076-DOC-DFM (C.D. Cal.,
January 16, 2017), seeks to recover unpaid overtime wages and
damages pursuant to the Fair Labor Standards Act.
Cashcall, Inc. is primarily engaged in the financial services
business in California providing consumers loans or pay day loans,
and recently secured mortgages.
The Plaintiff is represented by:
Dale M. Fiola, Esq.
200 North Harbor Boulevard, Suite 217
Anaheim, CA 92805
Telephone: (714) 635-7888
Facsimile: (714) 635-3323
E-mail: Fiolawl@aol.com
- and -
Mark Boling, Esq.
LAW OFFICE OF MARK BOLING
21986 Cayuga Lane
Lake Forest, CA 92630
Telephone: (949) 588-9222
E-mail: maboling@earthlink.net
CERNX MN: "Carson" Suit Seeks Unpaid Minimum Pay Under Labor Code
-----------------------------------------------------------------
NOELLE CARSON, individually and on behalf of all others similarly
situated, the Plaintiff, v. CERNX MN, LLC, a Minnesota corporation
and GOOGLE. INC., a Delaware Corporation, the Defendants, Case No.
RG17845256 (Cal. Super. Ct., Jan. 11, 2017), seeks damages for
unpaid minimum wages for all hours worked, failure to pay all
wages due each pay period, taking illegal deductions, failure to
issue itemized wage statements, waiting time penalties, and
failure to reimburse necessarily incurred business expenses,
interest. The suit also seeks injunctive and other equitable
relief, reasonable attorneys' fees and costs under California
Labor Code.
Mr. Carson is an individual residing in Vallejo, California who
worked for Defendants from approximately February to May 2016.
Plaintiff worked as a courier/delivery driver for Cernx MN, LLC,
and was contracted, through Cernx, by Google to deliver Google
Express packages, as well as by other companies to deliver their
products to consumers. Plaintiff spent about half of her time
delivering packages for Google Express and the rest of her time
making deliveries for other companies. During the period of her
employment, Defendants erroneously classified Plaintiff as
an independent contractor and as a result denied her the
protections and benefits she was entitled to under the Labor Code.
Cernx offers a variety of innovative support services.
The Plaintiff is represented by:
Julian Hammond, Esq.
Polina Pecherskaya, Esq.
Ari Cherniak, Esq.
HAMMONDLAW, P.C.
1829 Reisterstown Rd., Suite 410
Baltimore, MD 21208
Telephone: (310) 601 6766
Facsimile: (310) 295 2385
E-mail: JHammond@hammondlawpc.com
ppecherskaya@hammondlawpc.com
AChemiak@hammondlawpc.com
CNX GAS: Royalty Interest Owners Class Certified in "Kinney" Suit
-----------------------------------------------------------------
The Hon. John Preston Bailey grants the Plaintiffs' motion for
class certification in the lawsuit entitled DAVID L. KINNEY and
RAYMOND P. KINNEY, individually and on behalf of a class of
similarly situated persons v. CNX GAS COMPANY, LLC and NOBLE
ENERGY, INC., Case No. 5:15-cv-00160-JPB (N.D.W. Va.). The Court
conditionally certifies this class:
Those West Virginia oil and gas mineral royalty interest
owners whom have oil and gas mineral leases with CNX Gas
Company, LLC and/or Noble Energy, Inc. which provide for the
flat-rate deduction of post-production costs and whom have
had post-production costs deducted from their royalty
payments, but excluding those portions of leases where
royalties are being paid into a coal bed methane escrow
account.
The Defendants' motion to strike is denied as moot.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=32P3octk
DISCOVER FINANCIAL: Status Hearing in "Gingerich" Suit on Mar. 13
-----------------------------------------------------------------
The Clerk of the U.S. District Court for the Northern District of
Illinois made a docket entry on January 6, 2017, in the case
styled Rachel Gingerich v. Discover Financial Services, Inc., Case
No. 1:16-cv-10226 (N.D. Ill.), relating to a hearing held before
the Honorable Sharon Johnson Coleman.
The minute entry states that:
-- Plaintiff's motion to certify class is entered and
continued to March 13, 2017, at 9:00 a.m.;
-- Plaintiff's oral request to bifurcate discovery is granted,
limited only as to the methodology of the calls, and shall
be completed by March 7, 2017;
-- Status hearing is set for March 13, 2017, at 9:00 a.m.; and
-- The case is referred to Magistrate Judge Rowland for
settlement discussions.
A copy of the Notification of Docket Entry is available at no
charge at http://d.classactionreporternewsletter.com/u?f=u9PPggmZ
EDGE INFORMATION: Faces "Lopez" Suit in Eastern Dist. of Pa.
------------------------------------------------------------
A class action lawsuit has been filed against Edge Information
Management, Inc. The case is styled as JAVIER AZUL LOPEZ, ON
BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, the
Plaintiff, v. EDGE INFORMATION MANAGEMENT, INC., the Defendant,
Case No. 2:17-cv-00179-CDJ (E.D. Pa., Jan. 12, 2016). The case is
assigned to Hon. C. Darnell Jones, II.
Edge Information Management, founded in 1991, is a national
provider of numerous employment screening solutions.
The Plaintiff is represented by:
James A. Francis, Esq.
FRANCIS & MAILMAN, PC
LAND TITLE BLDG 19TH FL
100 S. BROAD ST
PHILADELPHIA, PA 19110
Telephone: (215) 735 8600
Facsimile: (215) 940 8000
E-mail: jfrancis@consumerlawfirm.com
EDWARD JENKINS: Vallejo Seeks Unpaid Min. Wages Under Labor Code
----------------------------------------------------------------
CARMEN VALLEJO, an Individual, and on behalf of herself and others
similarly situated, the Plaintiff, v. EDWARD JENKINS REALTY, INC.,
a California corporation; and DOES 1-25, inclusive, the Defendant,
Case No. BC646366 (Cal. Super. Ct., Jan. 11, 2017), seeks to
recover compensation for unpaid minimum wages, overtime, interest
on unpaid wages, and statutory penalties for Defendant's
violations of the California Labor Code.
On February 1, 2008, the Defendant hired Plaintiff as a nonexempt
resident manager of the Marquis. The Plaintiff was required to
reside on the premises as part of her management duties and did so
at all times during her employment, from February 1, 2008 to May
31, 2016. The Plaintiff worked well over 40 hours per week.
However, the Defendant required Plaintiff to sign bi-weekly
timesheets which reflected far fewer hours worked during her
employment. The Defendant improperly credited Plaintiff's lodging
toward its minimum wage obligation to her and also allegedly
failed to pay her the minimum wage for all hours worked in
violation of the Labor Code and Wage Order independent of the
improper rent credit.
The Defendant is a property management company that oversees real
estate assets throughout Southern California, including the
Marquis Apartments, a 49-unit residential property located at 4205
W. 129th Street, Hawthorne, CA 90250.
The Plaintiff is represented by:
Irma L. Martinez, Esq.
701 N. Brand Blvd., Suite 610
Glendale, CA 91203
Phone: (213) 352-7235
E-mail: Irma@irmamartinezlaw.com
- and -
Aryeh Leichter, Esq.
LEICHTER LAW FIRM, APC
3580 Wilshire Blvd., Suite 1745
Los Angeles, CA 90010
Telephone: (213) 381 6557
Facsimile: (888) 801 6629
E-mail: ari@ilfapc.com
EEG INC: Faces "Gould" Class Suit in M.D. of Pa.
------------------------------------------------
A class action lawsuit has been filed against EEG, Inc. The case
is titled as Leah Gould, individually and on behalf of all others
similarly situated, the Plaintiff, v. EEG, Inc., d/b/a Empire
Beauty Schools, a Delaware Corporation, the Defendant, Case No.
3:17-cv-00077-UN2 (M.D. Pa., Jan. 12, 2016).
EEG, Inc., doing business as Empire Beauty Schools, provides
education services. The Company offers courses in cosmetology,
esthetics, and makeup artistry. Empire Beauty Schools operates in
the state of Pennsylvania.
The Plaintiff is represented by:
David S. Senoff, Esq.
Anapol Weiss, Esq.
One Logan Square
130 N. 18th Street, Suite 1600
Philadelphia, PA 19103
Telephone: (215) 735 1130
E-mail: dsenoff@anapolweiss.com
- and -
Elizabeth Winkowski, Esq.
Eve-Lynn Rapp, Esq.
EDELSON PC
350 North LaSalle Street, 13th Floor
Chicago, IL 60654
Telephone: (312) 589 6370
Facsimile: (312) 589 6378
FALONI & ASSOCIATES: Wins Prelim. OK of "Maldonado" Suit Accord
---------------------------------------------------------------
Magistrate Judge Cathy L. Waldor entered an order granting
preliminary approval to the class settlement agreement between the
parties in the lawsuit styled ALFREDO MALDONADO and BORIS
CONTRERAS, on behalf of themselves and those similarly situated v.
LAW OFFICES OF FALONI & ASSOCIATES, LLC, et al., Case No. 2:15-cv-
02859-CLW (D.N.J.).
The "Settlement Class" is defined as:
All Consumers who reside in the State of New Jersey to whom
Law Offices of Faloni & Associates, LLC mailed a written
communication during the period beginning April 23, 2014,
and ending April 23, 2015, in an attempt to collect a debt
on behalf of U/NV Funding LLC and arising out of a HSBC Bank
Nevada, N.A. account, which were mailed in a windowed
envelope such that the file/reference number, registration
code, or identification number associated with the debt was
visible from the outside of the envelope.
Judge Waldor appoints (i) the Plaintiffs as Class Representatives,
(ii) Plaintiffs' counsel, Andrew T. Thomasson, Esq., Philip D.
Stem, Esq., and Yongrnoon Kim, Esq., as Class Counsel, and (iii)
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 Defendants' business records.
Class Members will have until March 21, 2017, to exclude
themselves from, or object to, the proposed settlement. Any
lawyer, who intends to appear at the Final Fairness Hearing must
enter a written Notice of Appearance no later than March 21, 2017.
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
April 5, 2017, at 1 p.m.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=qTbUd4ph
GLOBAL CREDIT: Accused of Wrongful Conduct Over Debt Collection
---------------------------------------------------------------
Alexander Schaechter, on behalf of himself and all other similarly
situated consumers v. Global Credit & Collection Corp., Case No.
1:17-cv-00236(E.D.N.Y., January 17, 2017), seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.
Global Credit & Collection Corp. owns and operate a debt
collection agency in New York.
The Plaintiff is represented by:
Maxim Maximov, Esq.
MAXIM MAXIMOV, LLP
1701 Avenue P
Brooklyn, NY 11229
Telephone: (718) 395-3459
Facsimile: (718) 408-9570
E-mail: m@maximovlaw.com
HALL COUNTY, GA: Rounds Sues Over Freeze of Pension Benefits
------------------------------------------------------------
BRADFORD ROUNDS, KIM FARMER, ROBIN JONES, CHRIS MATTHEWS, DOUG
MILLS, and ALL PERSONS SIMILARLY SITUATED, Plaintiffs v. HALL
COUNTY, GEORGIA; HALL COUNTY BOARD OF COMMISSIONERS RICHARD
HIGGINS, SCOTT GIBBS, BILL POWELL, JEFF STOWE, AND KATHY
COOPER, IN THEIR OFFICIAL CAPACITIES; AND THE ASSOCIATION OF
COUNTY COMMISSIONERS OF GEORGIA D/B/A GOVERNMENT EMPLOYEE BENEFITS
CORPORATION OF GEORGIA, Defendants, CIVIL ACTION FILE
No-2017CV284589 (Ga. Super., Fulton County, January 9, 2017),
challenges Defendant Hall County's July 1,1998 purported "freeze"
of retirement pension benefits. The case is a Complaint for
Breach of Contract, prohibited Ultra Vires acts, Unconstitutional
Impairment of Contract, Violation of Equal Protection, Injunction,
Declaratory Relief, and Damages, filed by Plaintiffs to obtain
their rightful contractual pension benefits upon retirement from
their employment with Hall County government.
Defendant/Respondent Hall County, Georgia is a political
subdivision of the State of Georgia.
The Plaintiffs are represented by:
Michael E. Kramer, Esq.
Edward Buckley, Esq.
BUCKLEY BEAL, LLP
Promenade II, Suite 900
1230 Peachtree St., NE
Atlanta, GA 30309
Phone: 404-781-1100
E-mail: mekramer@buckleybeal.com
edbuckley@buckleybeal.com
HBS SERVICES: Overtime Wages Sought in "Henry" Suit
---------------------------------------------------
Sunny Henry and Kenneth Morales, individually and on behalf of all
other persons similarly situated who were formerly or are
presently employed by John Tenorio, individually, and HBS
Services, LLC and/or any other affiliated entities, Plaintiffs, v.
John Tenorio, individually and HBS Services, LLC and/or any other
affiliated entities, Defendants, Case No. 1:17-cv-00094, (E.D.
N.Y., January 6, 2017), seeks overtime compensation plus interest,
damages, attorneys' fees, and costs and statutory damages pursuant
to the Fair Labor Standards Act, New York Labor Laws and the New
York Codes, Rules and Regulations.
HBS Services is an events company owned by Tenorio. Plaintiff was
employed by as a stagehand. Henry typically worked approximately
11-14 hours per day without overtime pay and was not given
accurate pay stubs.
Plaintiff is represented by:
Lloyd Ambinder, Esq.
Jack Newhouse, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street, 7th Floor
New York, New York 10004
Tel: (212) 943-9080
HERTZ CORP: "White" Suit Seeks to Recoup Pay Under FLSA, NJ Law
---------------------------------------------------------------
JAMES WHITE, Individually and on Behalf of All Others Similarly
Situated, Plaintiff, against THE HERTZ CORPORATION, Defendant,
Case No. 2:17-cv-00150-KM-MAH (D.N.J., January 9, 2017), seeks to
recover alleged unpaid overtime wages owed to Plaintiff pursuant
to both the Fair Labor Standards Act and the New Jersey State Wage
and Hour Law.
Defendant is in the car rental business.
The Plaintiff is represented by:
Taylor B. Graham, Esq.
Brent E. Pelton, Esq.
Alison L. Mangiatordi, Esq.
PELTON GRAHAM LLC
111 Broadway, Suite 1503
New York, NY 10006
Phone: (212) 385-9700
HUTCHINSON TREE: FLSA Class Certification Sought in "Berber" Suit
-----------------------------------------------------------------
The Plaintiff in the lawsuit entitled ADRIAN BERBER, on behalf of
himself and all others similarly situated v. HUTCHINSON TREE
SERVICE, NORTHSTAR ENERGY SERVICES, INC. and PIEDMONT NATURAL GAS,
INC., AND CRAIG HUTCHINSON, Case No. 5:15-cv-00143-D (E.D.N.C.),
moves the Court for:
(1) conditional certification of the action as a
representative collective action under the Fair Labor
Standards Act;
(2) approval of the proposed FLSA notice of this action and
the consent form in both English and Spanish;
(3) an updated production of names, last known mailing
addresses, alternate addresses, telephone numbers, e-mail
addresses, and dates of employment of all putative class
members;
(4) ability to e-mail and text message the proposed Notice,
along with utilizing regular U.S. Mail;
(5) certification of the action as a class action under Rule
23(a) and (b)(3) of the Federal Rules of Civil Procedure
for the North Carolina Wage and Hour Act claims; and
(6) appointment of Plaintiff Berber as class representative,
and the Law Offices of Gilda A. Hernandez, PLLC, and Lee &
Braziel, LLP, as class counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=CAWBDUHq
The Plaintiff is represented by:
Gilda A. Hernandez, Esq.
Michael B. Cohen, Esq.
THE LAW OFFICES OF GILDA A. HERNANDEZ, PLLC
1020 Southhill Drive, Suite 130
Cary, NC 27513
Telephone: (919) 741-8693
Facsimile: (919) 869-1853
E-mail: ghernandez@gildahernandezlaw.com
mcohen@gildahernandezlaw.com
- and -
J. Derek Braziel, Esq.
LEE & BRAZIEL, LLP
1801 N. Lamar St., Suite 325
Dallas, TX 75202
Telephone: (214) 749-1400
Facsimile: (214) 749-1010
E-mail: jdbraziel@l-b-law.com
Defendants Hutchinson Tree Service and Craig Hutchinson are
represented by:
Robert E. Boston, Esq.
Andrew S. Naylor, Esq.
WALLER LANSDEN DORTCH & DAVIS, LLP
511 Union Street, Suite 2700
Nashville, TN 27319
Telephone: (615) 244-6380
Facsimile: (615) 244-6804
E-mail: bob.boston@wallerlaw.com
andy.naylor@wallerlaw.com
- and -
Zebulon D. Anderson, Esq.
SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL
& JERNIGAN, LLP
Post Office Box 2611
Raleigh, NC 27602-2611
Telephone: (919) 821-1220
Facsimile: (919) 821-6800
E-mail: zanderson@smithlaw.com
Defendant Piedmont Natural Gas Company, Inc., is represented by:
Kristine M. Sims, Esq.
CONSTANGY, BROOKS, SMITH & PROPHETE, LLP
100 N. Cherry Street, Suite 300
Winston-Salem, NC 27101
Telephone: (336) 721-6849
Facsimile: (336) 748-9112
E-mail: ksims@constangy.com
- and -
William A. Blue, Jr., Esq.
Phylinda L. Ramsey, Esq.
CONSTANGY, BROOKS, SMITH & PROPHETE, LLP
401 Commerce Street, Suite 1010
Nashville, TN 37219
Telephone: (615) 320-5200
Facsimile: (615) 321-5891
E-mail: zblue@constangy.com
pramsey@constangy.com
Defendant Northstar Energy Services, Inc., is represented by:
Robert G. Lian, Jr., Esq.
Andrew R. Turnbull, Esq.
AKIN GUMP STRAUSS HAUER & FELD, L.L.P.
1333 New Hampshire Ave., N.W.
Washington, DC 20036-1564
Telephone: (202) 887-4000
Facsimile: (202) 887-4288
E-mail: blian@akingump.com
aturnbull@akingump.com
- and -
Christopher A. Page, Esq.
Patrick M. Aul, Esq.
YOUNG MOORE AND HENDERSON, P.A.
Post Office Box 31627
Raleigh, NC 27622
Telephone: (919) 782-6860
Facsimile: (919) 782-6753
E-mail: chris.page@youngmoorelaw.com
patrick.aul@youngmoorelaw.com
ILLINOIS, USA: Status Hearing in "Donegan" Suit Cont'd to Feb. 21
-----------------------------------------------------------------
The Clerk of the U.S. District Court for the Northern District of
Illinois made a docket entry on January 6, 2017, in the case
titled Blake Donegan v. Felicia F. Norwood, Case No. 1:16-cv-11178
(N.D. Ill.), relating to a hearing held before the Honorable
Robert M. Dow Jr.
Felicia Norwood serves as the Director of the Illinois Department
of Healthcare and Family Services (HFS).
The minute entry states that:
-- Status hearing held and continued to February 21, 2017, at
10:30 a.m.;
-- Discussion held off the record;
-- All motions will be entered and continued to February 21,
2017;
-- Defendant's answer is due January 20, 2017; and
-- Parties to submit their agreed proposed protective order as
soon as possible to Proposed_Order_Dow@ilnd.uscourts.gov.
A copy of the Notification of Docket Entry is available at no
charge at http://d.classactionreporternewsletter.com/u?f=Exxj0psk
IRISH CONSTRUCTION: Hernandez Seeks Unpaid Wages Under Labor Code
-----------------------------------------------------------------
FRANCISCO HERNANDEZ, as an individual and on behalf of all
similarly situated employees, the Plaintiff, v. IRISH
CONSTRUCTION, and DOES 1 through 50, inclusive, the Defendants,
Case No. BC646386 (Cal. Super. Ct., Jan. 11, 2017), seeks relief
against Irish for the failure to pay all wages due including both
regular and overtime wages in violation of Labor Code and
Industrial Welfare Commission (IWC) Wage Orders.
The Plaintiff and Plaintiff Class members regularly worked over
eight hours per day and 40 hours per week. The Defendant failed to
pay Plaintiff, and Plaintiff Class members overtime premium for
hours worked in excess of over eight hours per day and
40 hours per week for work performed for the Defendant. The
Defendant failed to schedule Plaintiff and Plaintiff Class members
in such a manner that allowed Plaintiff and Plaintiff Class
members to be relieved of their shift immediately, thus causing
Plaintiff and Plaintiff Class members to work in excess of eight
hours per day and/or 40 hours per week. The Defendant allegedly
failed to provide meal and rest periods or compensation, to pay
wages of terminated or resigned employees, to provide accurate
itemized wage statements upon payment, and to reimburse employee
necessary expenditures.
Irish Construction employs laborers and foremen including
Plaintiff at facilities across California including but not
limited to San Marcos, Rosemead, Bakersfield, Fresno, Ceres,
Sacramento, Bay Point and Morgan Hill.
The Plaintiff is represented by:
Kevin Mahoney, Esq.
Na'Shaun L. Neal, Esq.
Treana Allen, Esq.
MAHONEY LAW CROUP, APC
249 E. Ocean Blvd., Ste. 814
Long Beach, CA 90802
Telephone: (562) 590 5550
Facsimile: (562) 590 8400
E-mail: kmahoney@mahoneY-iaw.net
nneal@mahoney-law.net
tallen@mahonev-law.net
JJM CAPITAL: "Wagner" Suit Seeks to Recover Wages Under FLSA
------------------------------------------------------------
SHELBY WAGNER, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY
SITUATED, PLAINTIFFS v. JJM CAPITAL, LLC, JAMES E. HOFFMAN, JR.
AND JOSHUA J. REAGAN, INDIVIDUALLY, DEFENDANTS, Case No. 3:17-cv-
00078-D (N.D. Tex., January 9, 2017), is a collective action
brought under the Fair Labor Standards Act for the Defendants'
failure to pay minimum wage and overtime compensation.
Defendants own and operate restaurants and bars within the State
of Texas.
The Plaintiff is represented by:
Douglas B. Welmaker, Esq.
DUNHAM & JONES, P.C.
1800 Guadalupe Street
Austin, TX 78701
Phone: (512) 777-7777
Fax: (512) 340-4051
E-mail: doug@dunhamlaw.com
- and -
Scotty Jones, Esq.
DUNHAM & JONES, P.C.
1110 E. Weatherford Street
Fort Worth, TX 76102
Phone: (817) 888-8888
Fax: (817) 810-0050
E-mail: sjones@dunhamlaw.com
KOHL'S DEPARTMENT: Faces "Viggiano" Suit in Dist. of New Jersey
---------------------------------------------------------------
A class action lawsuit has been filed against Kohl's Department
Stores, Inc. The case is captioned as AMY VIGGIANO INDIVIDUALLY
AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, the Plaintiff, v.
KOHL'S DEPARTMENT STORES, INC., the Defendant, Case No. 3:17-cv-
00243-BRM-TJB (D.N.J., Jan. 12, 2016). The case is assigned to
Hon. Judge Brian R. Martinotti.
Kohl's Department Stores operates department stores in the United
States. The company offers apparel, footwear, accessories, and
home products to middle-income customers.
The Plaintiff is represented by:
Mark W. Morris, Esq.
CLARK LAW FIRM
811 16th Avenue
Belmar, NJ 07719
Telephone: (732) 443 0333
E-mail: mmorris@clarklawnj.com
KOVITZ SHIFRIN: Seeks Final Okay of "McCarter" Class Settlement
---------------------------------------------------------------
Kovitz Shifrin Nesbit, P.C., and the Plaintiffs in three class
action lawsuits against it jointly move the U.S. District Court
for the Northern District of Illinois for an order granting for
final approval of a class action settlement and for disbursement
of settlement money to the Class, named plaintiffs and counsel.
The three cases are:
(1) JANICE MCCARTER, on behalf of herself and all others
similarly situated v. KOVITZ SHIFRIN NESBIT, an Illinois
professional corporation, Case No. 1:13-cv-03909
(N.D. Ill.);
(2) KRYSTYNA SCEHURA, on behalf of herself and all others
similarly situated v. KOVITZ SHIFRIN NESBIT, an Illinois
professional corporation, Case No. 1:14-CV-8838
(N.D. Ill.); and
(3) AMY LILL and CHRISTOPHER WOJDELKO, on behalf of themselves
and all others similarly situated v. KOVITZ SHIFRIN
NESBIT, an Illinois professional corporation, Case No.
1:14-CV-2647 (N.D. Ill.).
The Parties state that the Motion is made as contemplated by the
Court's September 16, 2016 Order granting preliminary approval to
the Parties' Class Action Settlement Agreement, after notice to
the Settlement Class issued, and the time for filing claims,
objections, and requested for exclusion has ended.
The Court will commence a hearing on February 2, 2017, at 10 a.m.,
to consider the Motion.
A copy of the Notice and Joint Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=CquCmfOC
Plaintiffs Janice McCarter and Krystyna Scehura are represented
by:
Kenneth M. DucDuong, Esq.
KMD LAW OFFICE
4001 W. Devon Ave., Suite 332
Chicago, IL 60646
Telephone: (312) 997-5959
Facsimile: (312) 219-8404
E-mail: kducduong@kmdlex.com
- and -
Mark Lavery, Esq.
HYSLIP & TAYLOR, LLC LPA
1100 W. Cermak, Suite B410
Chicago, IL 60608
Telephone: (312) 508-5480
E-mail: mark@lifetimedebtsolutions.com
Plaintiffs Amy Lill, Christopher Wojdelko, Michael Wood,
Alexandria Stockman, and Dudley Locke are represented by:
M. Kris Kasalo, Esq.
THE LAW OFFICE OF M. KRIS KASALO, LTD.
20 North Clark Street, Suite 3100
Chicago, IL 60602
Telephone: (312) 726-6160
Facsimile: (312) 698-5054
E-mail: mario.kasalo@kasalolaw.com
Defendant Kovitz Shifrin Nesbit, P.C., is represented by:
Jonathan N. Ledsky, Esq.
Scott J. Helfand, Esq.
HUSCH BLACKWELL LLP
120 South Riverside Plaza, Suite 2200
Chicago, IL 60606
Telephone: (312) 655-1500
Facsimile: (312) 655-1501
E-mail: jonathan.ledsky@huschblackwell.com
scott.helfand@huschblackwell.com
LAZ PARKING: Faces "Duarte" Labor Lawsuit in Cal. Super. Court
--------------------------------------------------------------
Alexander Duarte, on behalf of himself and all others similarly
situated, Plaintiff, vs. Laz Parking, Laz Parking California, LLC,
Laz Karp Partners, Inc., and Does 1-10, Defendants, Case No. BC
646274 (Cal. Super., County of Los Angeles), is seeking recovery
for Plaintiff and all others similarly situated, of alleged unpaid
wages and overtime (including double-time) compensation for each
meal and rest period not provided, improper tip pooling policies
and procedures, damages and penalties for the failure to comply
with wage statement provisions, plus waiting time penalties,
interest, attorneys' fees and costs under California Labor Code,
the California Code of Civil Procedure, and the Industrial Welfare
Commission Wage Orders.
Laz Parking operates as a valet parking business.
The Plaintiff is represented by:
Torey Joseph Favarote, Esq.
Brandyn E. Stedfield, Esq.
GLEASON & FAVAROTE, LLP
4014 Long Beach Blvd., Suite 300
Long Beach, CA 90807
Phone: (562) 548-6700
Fax: (213)452-0514
E-mail: tfavarote@gleasonfavarote.com
bstedfield@gleasonfavarote.com
LO FLORIST: Faces "Arellano" Suit Over Failure to Pay Overtime
--------------------------------------------------------------
Alonzo Josuee Arellano and all others similarly situated under v.
L.O. Florist Supplies, L.L.C., Marianella Josefina Salas, Oswaldo
Pernia, Case No. 1:17-cv-20185-JEM (S.D. Fla., January 16, 2017),
is brought against the Defendants for failure to pay overtime
wages in violation of the Fair Labor Standards Act.
L.O. Florist Supplies, L.L.C., operates as a supplier of floral
arrangements.
The Plaintiff is represented by:
J.H. Zidell, Esq.
J.H. ZIDELL, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Telephone: (305) 865-6766
Facsimile: (305) 865-7167
E-mail: ZABOGADO@AOL.COM
LOTTE HOTEL: Faces "Swartz" Suit Alleging Violations of ADA
-------------------------------------------------------------
HELEN SWARTZ, Individually, Plaintiff, vs. LOTTE HOTEL NEW YORK
PALACE, LLC, a Delaware Limited Liability Company, Defendant, Case
No. 1:17-cv-00145 (S.D.N.Y., January 9, 2017), seeks on
Plaintiff's behalf and on behalf of all other individuals
similarly situated, injunctive relief, and attorney's fees,
litigation expenses, and costs pursuant to the Americans with
Disabilities Act.
Defendants owned a property, which is a hotel named Lotte New York
Palace.
The Plaintiff alleges that she has encountered architectural
barriers at the Defendant's property, which have impaired her use
of the facilities and the amenities offered, and have endangered
her safety at the facilities and her ability to access the
property's facilities and use the restrooms.
The Plaintiff is represented by:
Lawrence A. Fuller, Esq.
FULLER, FULLER & ASSOCIATES, P.A.
12000 Biscayne Blvd., Suite 502
North Miami, FL 33181
Phone: (305) 891-5199
Fax: (305) 893-9505
E-mail: Lfuller@fullerfuller.com
MASTIHA CORP: Faces "Martinez" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Martin Martinez, on behalf of others similarly situated v. Mastiha
Corp. d/b/a Stage Door Deli and George Chritis, Case No. 1:17-cv-
00310 (S.D.N.Y., January 16, 2017), is brought against the
Defendants for failure to pay overtime wages in violation of the
Fair Labor Standards Act.
The Defendants own and operate a lifestyle boutique offering
natural products.
Martin Martinez is a pro se plaintiff.
MONDELEZ INTERNATIONAL: Faces "Daniel" Suit in E.D. of New York
---------------------------------------------------------------
A class action lawsuit has been filed against Mondelez
International, Inc. The case is styled as Tamika Daniel, on behalf
of herself and all others similarly situated, the Plaintiff, v.
Mondelez International, Inc., the Defendant, Case No. 1:17-cv-
00174 (E.D.N.Y., Jan. 12, 2016).
Mondelez International is an American multinational confectionery,
food, and beverage company based in Illinois which employs about
107,000 people around the world.
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, 2nd floor
New York, NY 10016
Telephone: (212) 465 1188
Facsimile: (212) 465 1181
E-mail: cklee@leelitigation.com
MY PILLOW INC: Faces "Kautsky" Suit in District of Montana
----------------------------------------------------------
A class action lawsuit has been filed against My Pillow, Inc. The
case is captioned as Christie Kautsky, individually and on behalf
of all others similarly situated, the Plaintiff, v. My Pillow,
Inc., the Defendant, Case No. 1:17-cv-00006-SPW-TJC (D. Mont.,
Jan. 11, 2016). The case is assigned to Hon. Judge Susan P.
Watters.
My Pillow is a pillow manufacturing company based in Chaska,
Minnesota.
The Plaintiff is represented by:
John C. Heenan, Esq.
Colin M. Gerstner, Esq.
BISHOP, HEENAN & DAVIES
1631 Zimmerman Trail, Ste 1
Billings, MT 59102
Telephone: (406) 839 9091
Facsimile: (406) 839 9092
E-mail: john@bishopandheenan.com
colin@bhdlawyers.com
NATURES BOUNTY: Faces "Marlowe" Suit in Ohio Common Pleas Court
----------------------------------------------------------------
A class action lawsuit has been filed against Natures Bounty Co.
The case is captioned as MARLOWE, TIM, AKA: TIM MARLOWE FOR ALL
OTHERS SIMILARLY SITUATED 7372 HUNTING LAKE DR CONCORD, OH 44077,
the Plaintiff, v. NATURES BOUNTY CO THE C/O CORPORATION SERVICE
COMPANY REGISTERED AGENT 80 STATE STREET ALBANY, NY 12207; and
ALPHABET HOLDING COMPANY INC C/O CORPORATION SERVICE COMPANY
REGISTERED AGENT 2711 CENTERVILLE RD SUITE 400 WILMINGTON, DE
19808, the Defendants, Case No. 17CV000054 (Ohio Court of Common
Pleas, Jan. 12, 2016).
Nature's Bounty is a family of wellness brands providing people
products to complement lifestyles and physical health.
The Plaintiff is represented by:
Nicole T. Fiorelli, Esq.
DWORKEN & BERNSTEIN CO., L.P.A.
1468 W. 9th Street, Suite 135,
Cleveland, OH 44113
Telephone: (216) 861 4211
E-mail: nfiorelli@dworkenlaw.com
NESTLE USA: "Hawkins" Suit Moved from Cir. Ct. to E.D. Mo.
----------------------------------------------------------
The class action lawsuit titled Lahonee Hawkins, Individually and
on behalf of all others similarly situated in Missouri, the
Plaintiff, v. Nestle USA, Inc., Case No. 16PH-CV01725, was removed
from the Circuit Court of Phelps County, to the U.S. District
Court for the Eastern District of Missouri (St. Louis). The
District Court Clerk assigned Case No. 4:17-cv-00205 to the
proceeding.
Nestle USA produces and markets food and beverage products in the
United States. The company offers baking products, chocolates,
confectionery products, snacks, coffee, drinks, and ice creams, as
well as culinary, chilled, and frozen foods.
The Plaintiff appears pro se.
NEW CENTURY: Wins Prelim. Approval of Settlement in "Cohn" Suit
---------------------------------------------------------------
U.S. Magistrate Judge Ramon E. Reyes, Jr., granted the parties'
motion for preliminary approval of the class settlement agreement
them in the lawsuit titled HENDY COHN, on behalf of herself and
the classes defined herein v. NEW CENTURY FINANCIAL SERVICES,
INC., and PRESSLER & PRESSLER, LLP, Case No. 1:14-cv-02855-RER
(E.D.N.Y.).
The Court certifies the "Settlement Class" defined as:
All persons to whom Defendant, Pressler Pressler, LLP, from
May 6, 2013 through July 15, 2016 sent to a New York address
a collection letter with respect to a consumer debt where
the collection letter included language stating that there
was an "Amount Sought: $[amount] which includes filing and
service costs of $[amount]" and the letter was not returned
undeliverable to Pressler & Pressler, LLP.
Judge Reyes appoints the Plaintiff as the Class Representative,
and appoints the Plaintiff's counsel, Shimshon Wexler, Esq., and
Jacob Scheiner, Esq., as Class Counsel.
The Court also approves the Parties' proposed Class Notice and
directs it be mailed to the last known address of the Settlement
Class Members on or before February 6, 2017.
Settlement Class members will have until March 24, 2017, to
exclude themselves from or object to the proposed settlement. In
order to receive a portion of the cash payment under the
settlement, the Settlement Class members must complete, return to
the settlement administrator, and postmark a claim form by
March 24, 2017.
A final hearing on the fairness and reasonableness of the
Agreement and whether the final approval will be given to it and
the requests for fees and expenses by Class Counsel will be held
on April 27, 2017, at 2:00 p.m.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=a5F1cTu1
NITRO FLUIDS: Seeks Approval of Stipulation in "Ochoa" Suit
-----------------------------------------------------------
The parties in the lawsuit captioned JOSHUA OCHOA, Individually
and on behalf of all others similarly situated v. NITRO FLUIDS,
LLC, BOBBY LEE KORICANEK and JACKIE R. SIMPSON, JR., Case No.
2:16-cv-00380 (S.D. Tex.), have entered into an agreed stipulation
and now ask the Court's approval of the agreement.
The Defendants agree to conditional certification of the Putative
Class of "All Helpers who worked for Nitro Fluids, LLC, Bobby Lee
Koricanek and Jackie R. Simpson, Jr., at any time from
____________, 2014 until December 31, 2015 and were paid hourly
plus overtime but whose job and/or safety bonuses were not
included in the calculation of the overtime rate."
The Putative Class does not include any current or former Helper,
who worked for Defendants and previously settled their claims for
unpaid overtime in the case styled Ryan Sheard et al v. Nitro
Fluids, LLC et al, C.A. No. 2:15-cv-323 (S.D. Tex.) (Tagle, J.).
This case was closed on August 26, 2016.
The Defendants will provide the names, addresses, and e-mail
addresses (if known) for the Putative Class Members, who worked
for Defendants, at any time from ____________, 2014 until December
31, 2015 no later than 14 days following the Court's granting of
the Order for Conditional Certification.
The Plaintiffs' counsel will have 21 days from the date of the
Order to distribute the Notice and Consent forms to the Putative
Class Members.
The stipulation is entered without prejudice to the right of the
Defendants to challenge the propriety of collective action status
of the matter at any later point in the proceeding.
A copy of the Stipulation is available at no charge at
http://d.classactionreporternewsletter.com/u?f=B2xoIsVN
The Plaintiff is represented by:
Clif Alexander, Esq.
Austin W. Anderson, Esq.
Lauren E. Braddy, Esq.
ANDERSON2X, PLLC
819 N. Upper Broadway
Corpus Christi, TX 78401
Telephone: (361) 452-1279
Facsimile: (361) 452-1284
E-mail: clif@a2xlaw.com
austin@a2xlaw.com
lauren@a2xlaw.com
The Defendants are represented by:
Keith B. Sieczkowski, Esq.
BRANSCOMB PC, A PROFESSIONAL CORPORATION
802 N. Shoreline Blvd., Suite 1900
Corpus Christi, TX 78401-0036
Telephone: (361) 886-3800
Facsimile: (361) 888-8504
E-mail: ksieczkowski@branscombpc.com
NORTHLAND GROUP: Illegally Collects Debt, "Wieder" Suit Claims
--------------------------------------------------------------
Bruchy Wieder, on behalf of herself and all other similarly
situated consumers v. Northland Group Inc., Case No. 1:17-cv-00235
(E.D.N.Y., January 16, 2017), seeks to stop the Defendant's unfair
and unconscionable means to collect a debt.
Northland Group Inc. provides a full-service receivables debt
collection solution to their clientele.
The Plaintiff is represented by:
Maxim Maximov, Esq.
MAXIM MAXIMOV, LLP
1701 Avenue P
Brooklyn, NY 11229
Telephone: (718) 395-3459
Facsimile: (718) 408-9570
E-mail: m@maximovlaw.com
NORTHSTAR LOCATION: Illegally Collects Debt, "Ross" Suit Claims
---------------------------------------------------------------
Sara Ross, on behalf of herself and all other similarly situated
consumers v. Northstar Location Services, LLC, Case No. 1:17-cv-
00233 (E.D.N.Y., January 17, 2017), seeks to stop the Defendant's
unfair and unconscionable means to collect a debt.
Northstar Location Services, LLC provides a full-service
receivables debt collection solution to their clientele.
The Plaintiff is represented by:
Maxim Maximov, Esq.
MAXIM MAXIMOV, LLP
1701 Avenue P
Brooklyn, NY 11229
Telephone: (718) 395-3459
Facsimile: (718) 408-9570
E-mail: m@maximovlaw.com
PARKATLANTA, LLC: "Moultrie" Suit Seeks Compensatory Damages
------------------------------------------------------------
JASEPH MOULTRIE, individually and on behalf of a class of
similarly situated persons and BYRON WATKINS, and ALFRED STEWART
individually and on behalf of a class of similarly situated
persons, the Plaintiff, v. PARKATLANTA, LLC, PROFESSIONAL
ACCOUNT MANAGEMENT, LLC, DUNCAN SOLUTIONS, INC., PARKMOBILE
U.S.A., INC., PARKMOBILE, LLC and PARKING COMPANY OF AMERICA,
INC., the Defendants, Case No. 2017CV284653 (Ga. Super. Ct., Jan.
11, 2017), seeks an award of compensatory damages against the
Defendants in an amount to be determined by a jury at trial,
together with interests, plus special consequential and incidental
damages, pursuant to the Official Code of Georgia Annotated
(O.C.G.A.).
According to the complaint, the Defendants are liable to
Plaintiffs Watkins and Stewart and the class they represent for
damages flowing from the retaliatory actions that were taken
against public employees for objecting to the waste, misuse, and
abuse of government funds by the Defendants. The Defendants have
allegedly engaged in a pattern of activity predicated upon
perpetrating a fraud and injustice to Plaintiffs Moultrie, Watkins
and Stewart, the members of the class they represent and the
public. The pattern of racketeering activity was created,
maintained, and controlled by the Defendants for the purpose of
acquiring property, specifically money.
Jaseph Moultrie is a citizen of the state of Georgia who owns and
operates a business within the city of Atlanta and uses parking
services that are/were provided by the Defendants.
Duncan Solutions provides parking management products and services
to municipal and commercial clients worldwide.
The Plaintiff is represented by:
Quinton S. Seay, Esq.
Eugene Felton, Jr., Esq.
STEWART, SEAY & FELTON, LLC
260 Peachtree Street, N.W., Suite 1001
Atlanta, GA 30303
Telephone: (404) 637 0240
- and -
Eddie L. Key, Esq.
E.L. KEY LAW GROUP, LLC
200 Peachtree Street, Suite 215
Atlanta, GA 30303
Telephone: (888) 665 0241
PRUDENTIAL RETIREMENT: Wood Seeks to Certify Class Under ERISA
--------------------------------------------------------------
The Plaintiffs in the lawsuit titled LEONARD D. WOOD II and MAYA
SHAW, on behalf of themselves and all others similarly situated v.
PRUDENTIAL RETIREMENT INSURANCE AND ANNUITY COMPANY, Case No.
3:15-cv-01785-VLB (D. Conn.), ask the Court to certify this class:
All ERISA-covered employee benefit plans whose plan assets
were invested in Prudential Retirement Insurance and Annuity
Company's Guaranteed Income Fund ("GIF") and/or Principal
Preservation Separate Account ("PPSA") on or after
December 3, 2009.
The Motion also seeks the appointment of (i) the Plaintiffs to
serve as Class Representatives, and (i) Izard, Kindall & Raabe,
LLP and Bailey & Glass LLP as Class Counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=HyX7mbab
The Plaintiffs are represented by:
Mark P. Kindall, Esq.
Robert A. Izard, Esq.
Christopher M. Barrett, Esq.
IZARD, KINDALL & RAABE, LLP
29 South Main Street, Suite 305
West Hartford, CT 06107
Telephone: (860) 493-6292
Facsimile: (860) 493-6290
E-mail: rizard@ikrlaw.com
cbarrett@ikrlaw.com
mkindall@ikrlaw.com
- and -
Gregory Y. Porter, Esq.
Ryan T. Jenny, Esq.
Michael L. Murphy, Esq.
BAILEY & GLASSER LLP
1054 31st Street, NW, Suite 230
Washington, DC 20007
Telephone: (202) 463-2101
Facsimile: (202) 463-2103
E-mail: gporter@baileyglasser.com
rjenny@baileyglasser.com
mmurphy@baileyglasser.com
QUALITY RESOURCES: Certification of Class Sought in "Toney" Suit
----------------------------------------------------------------
The Plaintiff in the lawsuit entitled SARAH TONEY, on behalf of
herself and others similarly situated v. QUALITY RESOURCES, INC.,
SEMPRIS LLC D/B/A BUDGET SAVERS, and CHERYL MERCURIS, Case No.
1:13-cv-00042 (N.D. Ill.), seeks certification of this proposed
class:
All individuals who were sent telephone calls by Quality
through its Vicidial calling system on their cellular
telephones promoting Sempris goods, where such call was made
at any time on or after January 3, 2009, and where the cell
phone number was obtained as a result of a transaction at
the website www.stompeez.com.
The case alleges that the automated telephone calls made by
Quality, at the direction of Cheryl Mercuris, its owner and
operator, to the Plaintiff and others violated the Telephone
Consumer Protection Act.
Ms. Toney also seeks her appointment as Class Representative, and
the appointment of her attorneys as Co-Lead Class Counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=zBVS62bo
The Plaintiff is represented by:
Alexander H. Burke, Esq.
Daniel J. Marovitch, Esq.
BURKE LAW OFFICES, LLC
155 N. Michigan Ave., Suite 9020
Chicago, IL 60601
Telephone: (312) 729-5288
Facsimile: (312) 729-5289
E-mail: aburke@burkelawllc.com
dmarovitch@burkelawllc.com
- and -
Matthew P. McCue, Esq.
THE LAW OFFICE OF MATTHEW P.MCCUE
1 South Avenue, Suite 3
Natick, MA 01760
Telephone: (508) 655-1415
Facsimile: (508) 319-3077
E-mail: mmccue@massattorneys.net
- and -
Edward A. Broderick, Esq.
Anthony I. Paronich, Esq.
BRODERICK & PARONICH, P.C.
99 High St., Suite 304
Boston, MA 02110
Telephone: (508) 221-1510
Facsimile: (617) 830-0327
E-mail: ted@broderick-law.com
anthony@broderick-law.com
RANDOLPH-BROOKS: Files Notice of Removal of "Walsh" Lawsuit
-----------------------------------------------------------
Randolph-Brooks Federal Credit Union (RBFCU) filed a Notice of
Removal to the United States District Court for the Western
District of Texas, San Antonio Division, in the case captioned
DENNIS WALSH, individually, and on behalf of all others similarly
situated, Plaintiff, v. RANDOLPH BROOKS FEDERAL CREDIT UNION,
Defendants, Cause No. 16-2339-CV (25th Judicial District Court,
Guadalupe County, Texas, October 21, 2016).
The case seeks monetary damages, restitution, and injunctive
relief due to RBFCU's alleged policy and practice of assessing an
overdraft fee on transactions when there was enough money in the
checking account to cover (pay for) the transactions presented for
payment. The charging for such overdraft fees allegedly breaches
RBFCU's contract with its customers.
Defendant RBFCU is a federally chartered credit union.
The Defendant is represented by:
Jeffrey A. Webb, Esq.
Michael W. 0'Donnell, Esq.
NORTON ROSE FULBRIGHT US LLP
300 Convent Street, Suite 2100
San Antonio, TX 78205-3792
Phone: (21 0) 224-5575
Fax: (21 0) 270-7205
E-mail: mike.odonnell@nortonrosefulbright.com
jeff.webb@nortonrosefulbright.com
The Plaintiff is represented by:
Bruce Steckler, Esq.
Dean Gresham, Esq.
Steckler Gresham Cochran, Esq.
12720 Hillcrest Road, Suite 1045
Dallas, TX 75230
Phone: (972) 387-4040
Fax: (972) 387-4041
E-mail: bruce@stecklerlaw.com
dgresham@greshampc.com
- and -
Taras Kick, Esq.
G. James Strenio, Esq.
Robert J. Dart, Esq.
THE KICK LAW FIRM, APC
201 Wilshire Boulevard
Santa Monica, CA 90401
Phone: (31 0) 395-2988
E-mail: Taras@kicklawfirm.com
James@kicklawfirm.com
Robert@kicklawfirm.com
- and -
Richard D. McCune, Esq.
Jae (Eddie) K. Kim, Esq.
MCCUNEWRIGHT LLP
2068 Orange Tree Lane, Suite 216
Redlands, CA 92374
Phone: (909) 557-1250
Fax: (909) 557-1275
E-mail: rdm@mccunewright.com
jkk@mccunewright.com
RITE AID: Whitten Seeks Minimum and OT Wages Under Labor Code
-------------------------------------------------------------
MARTE WHITTEN, individually and on behalf of all others similarly
situated, the Plaintiff, v. RITE AID CORPORATION; a Delaware
corporation; 660 THRIFTY PAYLESS, INC., d/b/a RITE AID, a
corporation; THRIFTY PAYLESS, INC., a California limited liability
company; and DOES 1 through 25, inclusive, the Defendants, Case
No. BC646398 (Cal. Super. Ct., Jan. 11, 2017), seeks to recover
benefits and protections required under the Labor Code and other
statutes and regulations applicable to employees in the State of
California.
According to the complaint, the Defendants allegedly failed to pay
wages for all hours worked, including for hours worked in
excess of eight hours a day or forty hours a week, by the
Warehouse Employees; failed to pay minimum wages due to the
Warehouse Employees; failed to pay overtime compensation due to
the Warehouse Employees who worked on the seventh consecutive day;
failed to provide the Warehouse Employees with timely and accurate
wage and hour statements; failed to pay the Warehouse Employees
compensation in a timely manner upon their termination or
resignation; failed to maintain complete and accurate payroll
records for the Warehouse Employees; wrongfully withheld wages and
compensation due to the Warehouse Employees; and committed unfair
business practices in an effort to increase profits and to gain an
unfair business advantage at the expense of the Warehouse
Employees and the public.
The Plaintiff also seeks all other compensation and all benefits
required pursuant to the Employment Laws and Regulations, plus
penalties and interest, owed to Warehouse Employees.
Rite Aid is an American drugstore chain in the United States and a
Fortune 500 company headquartered in East Pennsboro Township,
Cumberland County, Pennsylvania, near Camp Hill.
The Plaintiff is represented by:
Thomas W. Falvey, Esq.
Michael H. Boyamian, Esq.
Armand R. Kizirian, Esq.
LAW OFFICES OF THOMAS W. FALVEY
550 North Brand Boulevard, Suite 1500
Glendale, CA 91203
Telephone: (818) 547 5200
Facsimile: (818) 500 9307
E-mail: thomaswfalvey@gmail.com
mike.falveylaw@gmail.com
armand.falveylaw@gmail.com
- and -
Alex Hartounian, Esq.
HARTOUNIAN LAW FIRM
2626 Foothill Boulevard, Suite 250
La Crescenta, CA 91214
Telephone: (818) 794 9675
Facsimile: (818) 459 6997
E-mail: alex@h-lf.com
SHIRE LLC: Rochester Sues Over Firm's Reverse Payment Deal
----------------------------------------------------------
ROCHESTER DRUG COOPERATIVE, INC., on behalf of itself and all
others similarly situated, the Plaintiff, v. SHIRE LLC, SHIRE
U.S., INC., ACTAVIS ELIZABETH LLC, AND ACTAVIS LLC, the Defendants
Case No. 1:17-cv-10050 (D. Mass., Jan. 11, 2017), seeks overcharge
damages arising out of Shire's unlawful agreement with Actavis not
to compete in the market for extended-release guanfacine.
The case is a civil antitrust action brought by Plaintiff on
behalf of a class of direct purchasers of the extended release
formulation of guanfacine hydrochloride (guanfacine), sold by
Shire under the brand name Intuniv (TM). Intuniv (TM)is a
prescription drug indicated for the treatment of attention-
deficit/hyperactivity disorder (ADHD) in children and adolescents.
On April 25, 2013, Shire entered into an unlawful non-competition
agreement with Actavis. Under the agreement, Actavis agreed to
delay marketing its less-expensive generic version of Intuniv for
over a year and a half, until December 1, 2014. In exchange,
Shire agreed to pay Actavis -- and did, in fact, pay Actavis -- by
forbearing from launching an authorized generic to compete with
Actavis's generic Intuniv during its 180-day exclusivity period,
effectuating a payment of tens of millions of dollars from Shire
to Actavis. In compliance with the Agreement, even though Actavis
was granted final approval by the U.S. Food and Drug
Administration to launch its less-expensive generic Intuniv on
October 5, 2012, Actavis did not come to market until
December 1, 2014.
But for Defendants' unlawful Reverse Payment Agreement, one or
more generic versions of Intuniv would have entered the market in
or around May of 2013. Thus, absent Defendants' unlawful Reverse
Payment Agreement, Plaintiff and the members of the class would
have been able to satisfy their extended-release guanfacine
requirements at significantly lower prices substantially earlier
than they did, rather than being forced to pay for brand and
generic Intuniv at higher prices because of the unlawful
agreement. The Defendants' unlawful Reverse Payment Agreement was
designed to and did in fact: (i) delay and/or preclude the entry
of less-expensive generic versions of Intuniv; (ii) delay the
introduction of an authorized generic version of Intuniv, which
otherwise would have appeared on the market at a significantly
earlier time and lowered prices further; (iii) fix, raise,
maintain or stabilize the prices of extended-release guanfacine;
(iv) permit Shire to maintain a monopoly for extended-release
guanfacine; (v) allocate 100% of the extended-release guanfacine
market in the United States, including its territories,
possessions and the Commonwealth of Puerto Rico, to Shire for up
to 19 months; and (vi) allocate 100% of generic Intuniv sales in
the United States, including its territories, possessions and the
Commonwealth of Puerto Rico, to Actavis for 6 months.
The Defendants thus violated the Sherman Act through their
anticompetitive Reverse Payment Agreement, which unreasonably
restrained competition in the market for extended-release
guanfacine and improperly maintained and extended Shire's market
and monopoly power by foreclosing or delaying competition from
lower-priced generic versions of Intuniv.
The Plaintiff is represented by:
Thomas M. Sobol, Esq.
Kristie A. LaSalle, Esq.
HAGENS BERMAN SOBOL
SHAPIRO LLP
55 Cambridge Parkway, Suite 301
Cambridge, MA 02142
Telephone: (617) 482 3700
E-mail: tom@hbsslaw.com
kristiel@hbsslaw.com
- and -
Peter R. Kohn, Esq.
Joseph T. Lukens, Esq.
David C. Calvello, Esq.
FARUQI & FARUQI LLP
101 Greenwood Avenue, Suite 600
Jenkintown, PA 19046
Telephone: (215) 277 5770
E-mail: pkohn@faruqilaw.com
- and -
David F. Sorensen, Esq.
Caitlin G. Coslett, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875 3000
E-mail: dsorensen@bm.net
- and -
Barry S. Taus, Esq.
Archana Tamoshunas, Esq.
TAUS, CEBULASH & LANDAU, LLP
80 Maiden Lane, Suite 1204
New York, NY 10038
Telephone: (212) 931 0704
E-mail: btaus@tcllaw.com
atamoshunas@tcllaw.com
SOLASI ACCOUNTING: Faces "Barrios" Suit Over Failure to Pay OT
--------------------------------------------------------------
Gloridelfa Barrios, on behalf of himself and all others similarly
situated v. Solasi Accounting & Tax Advice & Design Of The Words
In Dark Blue At Left Side Has A Circle Colored Blue, Purple And
Green Light a/k/a Solasi, Lacayo Trade Group Inc., and Sophia
Lacayo, Case No. 1:17-cv-20186-JEM (S.D. Fla., January 16, 2017),
is brought against the Defendants for failure to pay overtime
wages in violation of the Fair Labor Standards Act.
The Defendants own and operate an accounting firm located at
Miami-Dade County, Florida.
The Plaintiff is represented by:
J.H. Zidell, Esq.
J.H. ZIDELL, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Telephone: (305) 865-6766
Facsimile: (305) 865-7167
E-mail: ZABOGADO@AOL.COM
SPAR GROUP: "Hogan" Suit Alleges Misclassification, Claims Damages
------------------------------------------------------------------
Paradise Hogan, on behalf of himself and all others similarly
situated, Plaintiff, v. Spar Group, Inc. and Spar Business
Services, Inc., Defendants, Case No. 1:17-cv-10024, (D. Mass.,
January 6, 2017), seeks to recover double damages, attorneys'
fees, costs and interest, treble damages and all other relief
resulting from breach of contract, unjust enrichment and violation
of the federal Fair Labor Standards Act and Massachusetts General
Law.
SPAR is a retail services company and it provides merchandising
and field marketing services to retailers. Spar Business Services
is subsidiary or sub-corporation of SPAR. Defendants offer various
retail services to retailers that include in-store merchandising,
merchandising, and/or new store set-up or remodelling. Plaintiff
worked as a merchandiser and/or assembler and claims being
misclassified as independent contractor thus denied mandatory
employment benefits.
Plaintiff is represented by:
Brook S. Lane, Esq.
John P. Regan, Jr., Esq.
REGAN LANE LLP
43 Bowdoin Street, Suite A
Boston, MA 02114
Tel: (857) 277-0902
Fax: (857) 233-5287
Email: blane@reganlane.com
jregan@reganlane.com
STONEWORKS OF MANATEE: "Maldonado" Suit Alleges FLSA Violations
---------------------------------------------------------------
JOSE MALDONADO, Plaintiff, vs. STONEWORKS OF MANATEE, LLC.
Defendant, Case No. 8:17-cv-00060-CEH-TBM (M.D. Fla., January 9,
2017), was brought on behalf of the Plaintiff and other similarly
situated employees, to recover alleged unpaid overtime
compensation, and other relief under the Fair Labor Standards Act.
Defendant operates a stonework mill in and around Manatee County.
The Plaintiff is represented by:
Marc R. Edelman, Esq.
MORGAN & MORGAN, P.A.
201 N. Franklin Street, Suite 700
Tampa, FL 33602
Phone: 813-223-5505
Fax: 813-257-0572
Email: Medelman@forthepeople.com
SYNGENTA AG: "Stracener" Suit Consolidated in MDL 2591
------------------------------------------------------
The class action lawsuit titled Hunter Stracener, Ronald Curtis,
and Robert Curtis, on Behalf of Himself and Others Similarly
Situated, the Plaintiffs, v. Syngenta AG, Syngenta Crop Protection
AG, Syngenta Corporation Syngenta Crop Protection, LLC, and
Syngenta Seeds, LLC, Case No. 4:16-cv-00913, was transferred from
the U.S. District Court for the Eastern District of Arkansas, to
the U.S. District Court for District of Kansas (Kansas City). The
District Court Clerk assigned Case No. 2:17-cv-02017-JWL-JPO to
the proceeding. The case is assigned to Hon. District Judge John
W. Lungstrum.
The Stracener case is being consolidated with MDL 2591 in re:
Syngenta AG Mir162 Corn Litigation. The MDL was created by Order
of the United States Judicial Panel on Multidistrict Litigation on
December 11, 2014. These cases concern the Syngenta defendants'
decision to commercialize corn seeds containing a genetically
modified trait, known as "MIR162" that reportedly controls certain
insects. Corn with this trait has entered U.S. corn stocks but has
not been approved for import by the Chinese government, which has
imposed a complete ban on U.S. corn with this trait. In its
December 11, 2014 Order, the MDL Panel found that it involve
common questions of fact, and that centralization in the District
of Kansas will serve the convenience of the parties and witnesses
and promote the just and efficient conduct of the litigation.
Presiding Judge in the MDL is Hon. John W. Lungstrum, United
States District Judge. The lead case is 2:14-md-02591-JWL-JPO.
Syngenta AG is a global Swiss agribusiness that produces
agrochemicals and seeds. As a biotechnology company, it conducts
genomic research. It was formed in 2000 by the merger of Novartis
Agribusiness and Zeneca Agrochemicals.
The Plaintiffs are represented by:
Christopher D. Jennings, Esq.
JOHNSON & VINES, PLLC
2226 Cottondale, Suite 210
Little Rock, AR 72202
Telephone: (501) 777-7777
Facsimile: (888) 505 0909
E-mail: info@johnsonvines.com
The Defendants are represented by:
Chad W. Pekron, Esq.
Joseph W. Price, II, Esq.
QUATTLEBAUM, GROOMS,
TULL & BURROW PLLC
111 Center Street, Suite 1900
Little Rock, AR 72201-3325
Telephone: (501) 379 1700
SYNGENTA AG: Triple K Suit Consolidated in MDL 2591
---------------------------------------------------
The class action lawsuit titled Triple K Farms and John Schneider,
on behalf of themselves and all others similarly situated, the
Plaintiffs, v. Syngenta AG, Syngenta Crop Protection AG, Syngenta
Corporation Syngenta Crop Protection, LLC, and Syngenta Seeds,
Inc., Case No. 4:16-cv-04174, was transferred from the U.S.
District Court for the District of South Dakota, to the U.S.
District Court for the District of Kansas (Kansas City). The
District Court Clerk assigned Case No. 2:17-cv-02019-JWL-JPO to
the proceeding. The case is assigned to Hon. District Judge John
W. Lungstrum.
The Triple K case is being consolidated with MDL 2591 in re:
Syngenta AG Mir162 Corn Litigation. The MDL was created by Order
of the United States Judicial Panel on Multidistrict Litigation on
December 11, 2014. These cases concern the Syngenta defendants'
decision to commercialize corn seeds containing a genetically
modified trait, known as "MIR162" that reportedly controls certain
insects. Corn with this trait has entered U.S. corn stocks but has
not been approved for import by the Chinese government, which has
imposed a complete ban on U.S. corn with this trait. In its
December 11, 2014 Order, the MDL Panel found that it involve
common questions of fact, and that centralization in the District
of Kansas will serve the convenience of the parties and witnesses
and promote the just and efficient conduct of the litigation.
Presiding Judge in the MDL is Hon. John W. Lungstrum, United
States District Judge. The lead case is 2:14-md-02591-JWL-JPO.
Syngenta AG is a global Swiss agribusiness that produces
agrochemicals and seeds. As a biotechnology company, it conducts
genomic research. It was formed in 2000 by the merger of Novartis
Agribusiness and Zeneca Agrochemicals.
The Plaintiffs are represented by:
Michael T. Andrews, Esq.
ANDERSON, BOTTRELL,
SANDEN & THOMPSON
4132 30th Avenue South, Suite 100
Fargo, ND 58104
Telephone: (701) 235 3300
Facsimile: (701) 237 3154
The Defendants are represented by:
Talbot J. Wieczorek, Esq.
GUNDERSON, PALMER,
NELSON & ASHMORE, LLP
PO Box 8045
Rapid City, SD 57709-8045
Telephone: (605) 342 1078
Facsimile: (605) 342 0480
TECHSOL LLC: "Weston" Suit Seeks Overtime Wages Under FLSA
----------------------------------------------------------
DESHAUN WESTON, TERRENCE BACHU, and GREGORY CAMPBELL, on behalf of
themselves and all others similarly situated, the Plaintiffs, v.
TECHSOL, LLC, f/k/a TECHNOLOGY SOLUTIONS, INC., the Defendant,
Case No. 1:17-cv-00141 (E.D.N.Y., Jan. 11, 2017), seeks to recover
all available relief under the Fair Labor Standards Act of 1938
(FLSA) and the New York Labor Law (NYLL).
According to the complaint, TSI unlawfully required Plaintiffs and
all individuals employed as cable TV installation and repair
technicians to work in excess of 40 hours per week without paying
them overtime compensation for every hour worked in excess of 40
hours per week.
Weston has been employed by TSI as a cable TV installation and
repair technician in New York between approximately October 2012
and the present.
TechSol is a telecommunications company with its headquarters in
the state of Illinois, which maintains work locations and offices
around the United States and in several communities in the state
of New York, including Brooklyn, New York.
The Plaintiffs are represented by:
Troy L. Kessler, Esq.
Saranicole A. Duaban, Esq.
SHULMAN KESSLER LLP
534 Broadhollow Road, Suite 275
Melville, NY 11747
Telephone: (631) 499 9100
Email: tkessler@shulmankessler.com
sduaban@shulmankessler.com
- and -
Harold Lichten, Esq.
Olena Savytska, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone: (617) 994 5800
E-mail: hlichten@llrlaw.com
osavytska@llrlaw.com
- and -
Shanon J. Carson, Esq.
Sarah R. Schalman-Bergen, Esq.
Alexandra K. Piazzav
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875 3000
Facsimile: (215) 875 4604
E-mail: scarson@bm.net
sschalman-bergen@bm.net
apiazza@bm.net
TECHSOL LLC: "Weston" Suit Seeks Overtime Wages Under FLSA
----------------------------------------------------------
DESHAUN WESTON, TERRENCE BACHU, and GREGORY CAMPBELL, on behalf of
themselves and all others similarly situated, the Plaintiffs, v.
TECHSOL, LLC, f/k/a TECHNOLOGY SOLUTIONS, INC., the Defendant,
Case No. 1:17-cv-00141 (E.D.N.Y., Jan. 11, 2017), seeks to recover
all available relief under the Fair Labor Standards Act of 1938
(FLSA) and the New York Labor Law (NYLL).
According to the complaint, TSI unlawfully required Plaintiffs and
all individuals employed as cable TV installation and repair
technicians to work in excess of 40 hours per week without paying
them overtime compensation for every hour worked in excess of 40
hours per week.
Weston has been employed by TSI as a cable TV installation and
repair technician in New York between approximately October 2012
and the present.
TechSol is a telecommunications company with its headquarters in
the state of Illinois, which maintains work locations and offices
around the United States and in several communities in the state
of New York, including Brooklyn, New York.
The Plaintiffs are represented by:
Troy L. Kessler, Esq.
Saranicole A. Duaban, Esq.
SHULMAN KESSLER LLP
534 Broadhollow Road, Suite 275
Melville, NY 11747
Telephone: (631) 499 9100
Email: tkessler@shulmankessler.com
sduaban@shulmankessler.com
- and -
Harold Lichten, Esq.
Olena Savytska, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone: (617) 994 5800
E-mail: hlichten@llrlaw.com
osavytska@llrlaw.com
- and -
Shanon J. Carson, Esq.
Sarah R. Schalman-Bergen, Esq.
Alexandra K. Piazzav
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875 3000
Facsimile: (215) 875 4604
E-mail: scarson@bm.net
sschalman-bergen@bm.net
apiazza@bm.net
TEXAS STAIN: Faces "Patterson" Suit Alleging Violations of FLSA
---------------------------------------------------------------
Wade Patterson, individually and on behalf of all those similarly
situated, Plaintiff, v. Texas Stain & Polish, LLC and Monte Lusk,
Defendants, Case No. 3:17-cv-00073-C (N.D. Tex., January 9, 2017),
alleges that Defendants knowingly, willfully, and/or with reckless
disregard carried out its illegal pattern and/or practice of
failing to pay the minimum wage and/or overtime compensation with
respect to Plaintiff and similarly situated employees in violation
of the Fair Labor Standards Act.
Texas Stain & Polish, LLC is in the business of custom
installation of concrete flooring and other surfaces, including
polishing, staining, pattern designing, stamping and texturing of
such surfaces, as well as repair and remodelling of existing
concrete flooring.
The Plaintiff is represented by:
Chris R. Miltenberger, Esq.
THE LAW OFFICE OF CHRIS R. MILTENBERGER, PLLC
1340 N. White Chapel, Suite 100
Southlake, TX 76092-4322
Phone: 817-416-5060
Fax: 817-416-5062
E-mail: chris@crmlawpractice.com
TOYOTA MOTOR: "Johns" Sues Over Denied Warranty on Wiring Defect
----------------------------------------------------------------
David and Heather Johns, husband and wife, individually and on
behalf of all other persons similarly situated, Plaintiffs, v.
Toyota Motor Corp. and Toyota Motor Sales, USA, Inc., Defendants,
Case No. 3:17-cv-05014 (W.D. Wash., January 6, 2017), seeks
damages, attorneys' fees, costs and relief for violation of the
National Bank Act.
Plaintiffs purchased a Toyota 4Runner from a Toyota dealership in
Bellevue, Washington. It was damaged when rodents chewed on its
electrical wiring. It was then found out that the wiring
insulation is soy-based, thus making it palatable to rodents. The
dealership refused to honor warranty for said vehicle.
Toyota Motor Corp. is a Japanese corporation that manufactures and
markets Toyota vehicles in the U.S. through Toyota Motor Sales USA
who in turn distributes throughout a network of dealerships.
Plaintiff is represented by:
Brandon M. Feldman, Esq.
FELDMAN AND LEE, PS
604 W. Meeker St., Suite 206
Kent, WA 98032
Tel: (253) 859-2488
Fax: (253) 859-2259
Email: brandon.feldman@feldmanlee.com
TRAVELERS HOME: Sued Over Extended Transportation Policies
----------------------------------------------------------
Kyle Stechert and Marie Stechert, and on behalf of themselves
and all others similarly situated v. The Travelers Home and Marine
Insurance Company, The Travelers Companies, Inc., Travelers
Property Casualty Companies, and Travelers Indemnity Company, Case
No. 170102162 (Phil. Cmm. Pleas, January 16, 2017), arises out of
the Defendants policy and practice of selling automobile liability
insurance policies to consumers with Extended Transportation
Expense coverage, without disclosing to the Plaintiffs and
putative members of the Class that Defendants will terminate
Extended Transportation Expense benefits earlier than 30 days
without conducting an analysis or making a finding as to what time
period is reasonably required to replace the covered vehicle, as
mandated by the policies.
The Defendants own and operate an insurance company with a place
of business located at One Tower Square, Hartford, Connecticut
06183.
The Plaintiff is represented by:
Marc P. Weingarten, Esq.
Andrew P. Bell, Esq.
LOCKS LAW FIRM
601 Walnut Street, Suite 720
East 170 S. Independence Mall
West Philadelphia, PA 19106
Telephone: (215) 893-0100
Facsimile: (215) 893-3333
E-mail: mweingarten@lockslaw.com
- and -
Richard M. Ochroch, Esq.
Brett N. Benton, Esq.
RICHARD M. OCHROCH & ASSOCIATES, P.C.
318 S. 16th Street
Philadelphia, PA 19102
Telephone: (215) 735-2707
Facsimile: (215) 790-0491
E-mail: rochroch@ochroch-law.com
UNITED STATES: HUD Faces Associated Mortgage Suit in D.D.C.
-----------------------------------------------------------
A class action lawsuit has been filed against U.S. Department of
Housing and Urban Development. The case is entitled as ASSOCIATED
MORTGAGE BANKERS, INC., on behalf of itself and a class of
similarly-situated mortgage lenders, the Plaintiff, v. JULIAN
CASTRO, in his official capacity as Secretary of the U.S.
Department of Housing And Urban Development, and U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT, the Defendants, Case No. 1:17-
cv-00075 (D.D.C., Jan. 12, 2016).
The United States Department of Housing and Urban Development is a
Cabinet department in the Executive branch of the United States
federal government.
WYNDHAM VACATION: Has Made Unsolicited Calls, "Evelyn" Suit Says
----------------------------------------------------------------
Shawn Evelyn, individually and on behalf of all others similarly
situated v. Wyndham Vacation Resorts, Inc., Does 1-100, and each
of them, Case No. 2:17-cv-00334 (C.D. Cal., January 17, 2017),
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.
Wyndham Vacation Resorts, Inc. operates a chain of resorts in the
United States.
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Meghan E. George, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
E-mail: tfriedman@toddflaw.com
mgeorge@toddflaw.com
abacon@toddflaw.com
YAHOO! INC: "Baker" Suit Consolidated in MDL 2752
-------------------------------------------------
The class action lawsuit titled Tabitha Baker, on behalf of
herself and all others similarly situated, the Plaintiff, v.
Yahoo! Inc., A Delaware Corporation, the Defendant, Case No. 1:16-
cv-04601, was transferred from the U.S. District Court for the
Northern District of Georgia, to the U.S. District Court Northern
District of California (San Jose). The District Court Clerk
assigned Case No. 5:17-cv-00135-LHK to the proceeding. The case is
assigned to Hon. Lucy H. Koh.
The Baker case is being consolidated with MDL 2752 re: Yahoo Inc.
Customer Data Security Breach Litigation. The MDL was created by
Order of the United States Judicial Panel on Multidistrict
Litigation on December 7, 2016. These putative class actions share
complex factual questions arising from Yahoo's announcement on
September 22, 2016, that a data security breach of its network
occurred in late 2014 in which the personal account information of
at least 500 million Yahoo users was stolen. Common factual
questions are presented with respect to Yahoo's practices in
safeguarding its users' personal information, the investigation
into the breach, the alleged delay in disclosing the breach, and
the nature of the alleged damages. In its December 7, 2016 Order,
the MDL Panel found that centralization will eliminate duplicative
discovery; prevent inconsistent pretrial rulings, including with
respect to class certification; and conserve the resources of the
parties, their counsel, and the judiciary. The presiding Judges in
the MDL is Hon. Lucy H. Koh, United States District Judge. The
lead case is 5:16-md-02752-LHK.
Yahoo is an American multinational technology company
headquartered in Sunnyvale, California. Yahoo was founded by Jerry
Yang and David Filo in January 1994 and was incorporated on March
2, 1995.
The Plaintiff is represented by:
Harlan Stuart Miller, III, Esq.
MILLER LEGAL P.C.
3646 Vineville Avenue
Macon, GA 31204
Telephone: (404) 931 6490
E-mail: hmiller@millerlegalpc.com
The Defendant is represented by:
Jason M. Beach, Esq.
HUNTON & WILLIAMS LLP - ATLANTA
Bank of America Plaza, Suite 4100
600 Peachtree Street NE
Atlanta, GA 30308-2216
Telephone: (404) 888 4000
E-mail: jbeach@hunton.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
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Copyright 2017. All rights reserved. ISSN 1525-2272.
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