/raid1/www/Hosts/bankrupt/CAR_Public/170223.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, February 23, 2017, Vol. 19, No. 39
Headlines
ADAMS SERVICES: Salcido Seeks Unpaid Wages Under Labor Code
ADELAIDE HOSTEL: "Graves" Labor Suit to Recover Overtime Pay
AMERICAN SPATULA: Faces "Andrews" Suit in E.D.N.Y.
ANTHEM INSURANCE: ERISA Plan Can Amend Autism Therapy Complaint
ANTHEM INSURANCE: Partial Judgment on the Pleadings Granted
BISMILLAH BAWARCHI: Faces "Juarez" Suit in S.D.N.Y.
BLICK ART: "Andrews" Files Class Action
BREEZE-EASTERN: N.Y. Court Dismisses "Soueidan"
CHEVRON CORP: "Clack" Files Labor Suit Over Unpaid Wages
CHICAGO BRIDGE: "Terry" Labor Suit to Recover Overtime Pay
CITIZENS BANK: Shelby's Sues Over Usurious Overdraft Fee
CLIENT SERVICES: Faces "Khaimov" Suit in E.D.N.Y.
CLOUGHERTY PACKING: "Verdin" Sues Over Unpaid Wages, Missed Breaks
CMRE FINANCIAL: Faces "Crooks" Suit in S. Dist. of Cal.
DAILY PRESS: Court OK's Protective Order Stipulation in "Oard"
DOLLAR GENERAL: "Velan" Suit Seeks Damages Under Securities Laws
DOUBLE PARK: "Lacroix" Suit Moved from Circuit Court to S.D. Fla.
DR PEPPER: "Chuang" Alleges Mislabelling of Fruit Snacks
ENCORE RECEIVABLE: Faces "Farrell" Suit in E.D.N.Y.
FARMERS INSURANCE: "Horton" Suit Claims Breach of Agent Agreement
FIDELITY MANAGEMENT: "Burgess" ERISA Suit Transferred to D. Mass
FIRST TRANSIT: Non-Party in "Paprock" Loses Second Appeal
FXCM INC: "Khoury" Suit Alleges Securities Act Violations
HP INC: "Doty" Anti-trust Suit Transferred to N.D. Cal.
HUNTER WARFIELD: Faces "Morris" Suit in S.D. of Calif.
ION SOLAR: Faces "Knutson" Suit in S.D. of Calif.
JPMORGAN CHASE: "Scott" Sues Over Excessive Charges on Debit Card
JUST BORN: "Escobar" Sues Over Under-filled Candy Boxes
KITOV PHARMA: Inflated IPO Price Hit in "Pilgaonkar" SEC Case
LAURMARK ENTERPRISES: Rios Seeks Unpaid Wages Under Labor Code
LYFT INC: Kingsbury, Koenig and Williams File Class Action
MAGNETIC CONTRACTING: "Tenesaca" Suit Seeks OT Pay Under FLSA
MCKINNON & HAMILTON: "Klein" Suit Seeks Certification of Class
METLIFE INC: "McKinnney" Labor Suit Seeks to Recover Overtime Pay
MOUNTAIN ENERGY: "VanVleet" Suit Seeks Relief Under FLSA
NAKED JUICE: "Perez" Sues Over Non-disclosure of Sugar Content
NAMOW INC: T. Mina Supply Seeks Unpaid Fees for Services Rendered
NEW YORK HEALTH: Faces "Andrews" Suit in E.D.N.Y.
OTTOMANELLI'S CAFE: "Reyes" Suit Seeks Unpaid Minimum & OT Wages
P&S SELECT: Faces "Chacon" Class Action in S.D.N.Y.
PRECISION DRILLING: "Haggard" Suit Alleges Labor Law Violations
PROJECT NEW: "Brooks" Suit Seeks All Wages Owed Under Labor Code
PUBLIX SUPER: "Chmielewski" Suit Consolidated in MDL 2705
QUALCOMM INC: "Esteban" Suit Alleges Monopoly Over Chipset Market
RAKU GOURMET: "Kuripeth" Seeks OT, Minimum Wages Under Labor Code
SABINE PASS: JMCB Suit Moved to M.D. of Louisiana
SAMSUNG ELECTRONICS: "Sewell" Sues Over Washing Machine Defect
SANDIA CORP: "Kennicott" Lawsuit Alleges Gender Discrimination
SAVTN MASS: Sued in Super. Ct. Over Wage & Hour Law Violations
SESCO CEMENT: Jeresano, et al. Seek to Recoup OT Pay Under FLSA
SHRINERS HOSPITALS: "Fisher" Labor Suit Removed to M.D. Fla.
SIMOS INSOURCING: "Pickett" Demands Damages for FCRA Breach
SULLIVAN'S OF ILLINOIS: "Munoz" Suit Seeks Min. Wages Under FLSA
SUMMIT TOOL: Sued in Ill. Cir. Ct. Over Tire Irons Advertisement
SUNRUN INSTALLATION: Faces "Ashlock" Suit in Calif. Super. Ct.
TAX DEFENSE: Faces "Ramos" Suit in S.D. of Calif.
TERMINIX-INTERNATIONAL INC: Sued in Calif. Over Marketing Calls
TOTAL STAFFING: "Maldonado" Suit Seeks Accrued Vacation Pay
TRI-STAR DYEING: Unpaid Overtime Wages Sought in "Perez" Suit
UNITED STATES: Faces Suit for Banning of Muslims' Re-entry
WEBB SCHOOLS: Overtime, Missed Breaks, Last Pay Sought by "Cruz"
YAHOO! INC: "Ridolfo" Hits Data Breach, Claims Damages
*********
ADAMS SERVICES: Salcido Seeks Unpaid Wages Under Labor Code
-----------------------------------------------------------
WILLIAM O. SALCIDO, JR., individually and on behalf of all others
similarly situated, the Plaintiff, v. ADAMS SERVICES, INC., a
corporation, and DOES 1-100, inclusive, the Defendant, Case No.
BC650503 (Cal. Super. Feb. 10, 2017), seeks to recover all wage
compensation and actual damages or penalties pursuant to
California Labor Code.
The Plaintiff has been damaged by Defendants' failure to provide
accurate wage statements by, among other things, not being paid
all wages due and not knowing his actual earnings. The case is a
representative action under the California Labor Code Private
Attorney General Act of 2004 ("PAGA") for civil penalties for wage
and hour violations brought against Defendants. The Plaintiff
brought the action on behalf of all current and former hourly
employees of Defendants employed in the State of California during
all applicable statutes of limitations. The Defendants
intentionally and knowingly failed to provide hourly employees
with lawful meal and rest periods, says the Plaintiff.
Adams Services is a licensed and bonded freight shipping and
trucking company running a freight hauling business from Gardena,
California.
The Plaintiff is represented by:
Arthur Kim, Esq.
ARTHUR KIM LAW FIRM
433 N. Camden Drive, Suite 600
Beverly Hills, CA 90210
Telephone: (310) 246 0316
Facsimile: (310) 246 -0328
E-mail: akim@arthurkimlaw.com
ADELAIDE HOSTEL: "Graves" Labor Suit to Recover Overtime Pay
------------------------------------------------------------
Nicolas Graves, individually and on behalf of himself and all
others similarly situated, Plaintiff, v. Adelaide Hostel, LLC,
Dakota Hotel, LLC and The Fitzgerald Hotel, LLC, Defendants, Case
No. CGC-17-556955, (Cal. Super., February 6, 2017), seeks
compensation for missed meal and rest periods, including both
regular and overtime wages, final pay upon termination or
resignation as well as damages, declaratory and injunctive relief
and restitution relief under the California Business and
Professions Code for unfair business practices.
Defendants jointly operate The Adelaide Hostel, The Dakota Hotel
and The Fitzgerald Hotel, where Plaintiffs worked in the
housekeeping department.
Plaintiff is represented by:
Mark Burton, Esq.
Brendan Gannon, Esq.
HERSH AND HERSH
601 Van Ness Ave., Suite 2080
San Francisco, CA
Tel: (415) 441-5544
Fax: (415) 441-7586
AMERICAN SPATULA: Faces "Andrews" Suit in E.D.N.Y.
--------------------------------------------------
A class action lawsuit has been filed against American Spatula
LLC. The case is titled as Victor Andrews, on behalf of himself
and all others similarly situated, the Plaintiff, v. American
Spatula LLC, the Defendant, Case No. 1:17-cv-00766 (E.D.N.Y., Feb.
10, 2017).
American Spatula (trade name Whisk) is in the hobby and craft
supplies business.
The Plaintiff appears pro se.
ANTHEM INSURANCE: ERISA Plan Can Amend Autism Therapy Complaint
---------------------------------------------------------------
In the case captioned, W. P., a minor by and through his parents
and guardians KATHRYN PIERCE and CHESTER PIERCE, on behalf of
themselves and similarly situated individuals, and A.B. a minor by
and through his parents and guardians MICHAEL BECK AND JOANNE
KEHOE, on behalf of themselves and similarly situated individuals,
Plaintiffs, v. ANTHEM INSURANCE COMPANIES INC an Indiana
corporation, Defendant, Case No. 1:15-cv-00562-TWP-TAB (S.D.
Ind.), District Judge Tanya Walton Pratt of the United States
District Court for the Southern District of Indiana granted Anthem
Insurance Companies Inc.'s Motion to Strike the class allegations
of Plaintiff A.B. and his parents and granted the Employee
Retirement Income Security Act of 1974 (ERISA) Plan Plaintiffs'
and the Individual Plan Plaintiffs' Motion for Leave to File
Second Amended Complaint.
W.P. and A.B. are minors who suffer from autism. Both are covered
by a health insurance plan through Anthem. Their treating
physician prescribed forty hours per week of Applied Behavioral
Analysis (ABA) therapy to treat autism. Anthem initially covered
A.B.'s forty hours of ABA therapy but Anthem reduced the number of
covered ABA therapy hours to thirty hours per week. Anthem further
reduced the number of covered hours to twenty hours per week.
On April 9, 2015, the ERISA Plan Plaintiffs filed a putative class
action, asserting that Anthem's policy and practice of limiting
coverage for ABA therapy for school-aged children with autism
violates ERISA because it fails to comply with state and federal
law. On September 20, 2016, the ERISA Plan Plaintiffs filed an
Amended Complaint, adding the Individual Plan Plaintiffs, as well
as their breach of contract and bad faith breach of insurance
contract claims.
Anthem moved to strike the Individual Plan Plaintiffs and their
claims, contending that A.B. lacks standing because he is no
longer a member of Anthem's individual health insurance plan and
will not suffer ongoing injury or harm as required under Federal
Rule of Civil Procedure 23(b)(2). In response, the Individual Plan
Plaintiffs concede that A.B. lacks standing under Rule 23(b)(2)
and request the Court to deny Anthem's Motion to Strike as moot,
but allow leave to file a second amended complaint pursuant to
Federal Rule of Civil Procedure 23(b)(3).
The ERISA Plan Plaintiffs also request authority to amend the
Complaint to seek class certification pursuant to Rule 23(b)(3).
Anthem does not oppose the Individual Plan Plaintiffs' proposed
amendment, but objects to the ERISA Plan Plaintiffs' request.
In her Entry dated February 15, 2017, available at
https://is.gd/B0pv6A from Leagle.com, Judge Pratt held that the
plaintiff showed good cause to amend the complaint and that the
defendant would not be prejudiced in having to defend the
allegations in the amended complaint.
A.B. and W.P. are represented by Blythe H. Chandler, Esq. --
bchandler@terrellmarshall.com -- and -- Toby J. Marshall, Esq. --
tmarshall@terrellmarshall.com -- TERRELL MARSHALL LAW GROUP PLLC -
- Syed Ali Saeed, Esq. -- ali@sllawfirm.com -- SAEED & LITTLE LLP
Anthem Insurance Companies Inc. is represented by Kristopher N.
Kazmierczak, Esq. -- kkaz@katzkorin.com -- and -- Sally F. Zweig,
Esq. -- szweig@katzkorin.com -- KATZ & KORIN P.C. -- Martin J.
Bishop, Esq. -- mbishop@reedsmith.com -- Rebecca R. Hanson, Esq. -
- rhanson@reedsmith.com -- and -- Timothy R. Carwinski, Esq. --
tcarwinski@reedsmith.com -- REED SMITH LLP
ANTHEM INSURANCE: Partial Judgment on the Pleadings Granted
-----------------------------------------------------------
Judge Tanya Walton Pratt of the United States District Court for
the Southern District of Indiana granted Anthem Insurance
Companies Inc.'s Motion for Partial Judgment on the Pleadings
pursuant to Federal Rule of Civil Procedure 12(c) in the case
captioned, W. P., a minor by and through his parents and guardians
KATHRYN PIERCE and CHESTER PIERCE, on behalf of themselves and
similarly situated individuals, and A.B. a minor by and through
his parents and guardians MICHAEL BECK AND JOANNE KEHOE, on behalf
of themselves and similarly situated individuals, Plaintiffs, v.
ANTHEM INSURANCE COMPANIES INC an Indiana corporation, Defendant,
Case No. 1:15-cv-00562-TWP-TAB (S.D. Ind.).
Anthem seeks partial judgment on the pleadings, contending that it
has not violated the Autism Mandate, the Plaintiffs' claim for
equitable relief regarding the cap on ABA therapy hours is not
cognizable under ERISA, and the Plaintiffs' fiduciary duty claim
fails a matter of law.
In her Entry dated February 15, 2017, available at
https://is.gd/vL96JM from Leagle.com, Judge Pratt concluded that
because 29 U.S.C. Section 1132(a)(1)(B) provides a remedy for the
Plaintiffs to recover for wrongful denial of benefits, the
Plaintiffs may not pursue the claim under Section 1132(a)(3)
against Anthem.
Accordingly, the Court granted Anthem's Motion for Partial
Judgment on the Pleadings and dismissed the Plaintiffs' violation
of state law claim for wrongful denial of benefits under Count I,
as well as the Plaintiffs' equitable relief claim under Count II
regarding Anthem's practice of limiting the amount of hours
covered for ABA therapy. Count III, the fiduciary duty claim
voluntarily withdrawn by the Plaintiffs, is dismissed in its
entirety.
The claims remaining for trial are:
Count I: Plaintiffs' claim that they are entitled to recover
benefits because Anthem limited coverage for ABA therapy in
violation of federal law.
Count II: Plaintiffs' claim to enjoin Anthem from offering
providers "take-it-or-leave-it" deals in exchange for participants
giving up their right to appeal coverage denials.
A.B. and W.P. are represented by Blythe H. Chandler, Esq. --
bchandler@terrellmarshall.com -- and -- Toby J. Marshall, Esq. --
tmarshall@terrellmarshall.com -- TERRELL MARSHALL LAW GROUP PLLC -
- Syed Ali Saeed, Esq. -- ali@sllawfirm.com -- SAEED & LITTLE LLP
Anthem Insurance Companies Inc. is represented by Kristopher N.
Kazmierczak, Esq. -- kkaz@katzkorin.com -- and -- Sally F. Zweig,
Esq. -- szweig@katzkorin.com -- KATZ & KORIN P.C. -- Martin J.
Bishop, Esq. -- mbishop@reedsmith.com -- Rebecca R. Hanson, Esq. --
rhanson@reedsmith.com -- and -- Timothy R. Carwinski, Esq. --
tcarwinski@reedsmith.com -- REED SMITH LLP
BISMILLAH BAWARCHI: Faces "Juarez" Suit in S.D.N.Y.
---------------------------------------------------
A class action lawsuit has been filed against Bismillah Bawarchi
Inc. The case is captioned as Adelaido Galeana Juarez and Edgar
Monterroso Lopez, individually and on behalf of others similarly
situated, the Plaintiffs, v. Bismillah Bawarchi Inc., doing
business as Bawarchi Indian Cuisine; Fresh Food NYC Inc., doing
business as Bawarchi Indian Cuisine; Aziz A. Khan; and Mohammed A.
Mahbub, the Defendants, Case No. 1:17-cv-01034 (S.D.N.Y., Feb. 10,
2017).
The Plaintiffs appear pro se.
BLICK ART: "Andrews" Files Class Action
---------------------------------------
A class action lawsuit has been filed against Blick Art Materials,
LLC. The case is styled as Victor Andrews, on behalf of himself
and all others similarly situated, the Plaintiff, v. Blick Art
Materials, LLC, the Defendant, Case No. 1:17-cv-00767 (E.D.N.Y.
Fla., Feb. 10, 2017).
Blick Art is a family-owned retail and catalog business that
supplies professional and amateur artists, students, and
scholastic art programs.
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
BREEZE-EASTERN: N.Y. Court Dismisses "Soueidan"
-----------------------------------------------
District Judge Edgardo Ramos of the United States District for the
Southern District of New York granted Defendants' motion to
dismiss the case captioned, MAJED SOUEIDAN, Individually and On
Behalf of All Others Similarly Situated, Plaintiff, v. BREEZE-
EASTERN CORPORATION, BRAD PEDERSEN, ROBERT J. KELLY, NELSON OBUS,
WILLIAM M. SCHOCKLEY, and SERGE DUPUIS, Defendants, Case No. 16
Civ. 0015 (ER) (S.D.N.Y.).
Plaintiff Majed Soueidan is shareholder of Breeze-Eastern is a
Delaware Corporation that designs, manufactures, and sells mission
equipment for specialty aerospace and defense applications. On
November 18, 2015, the Company entered into a merger agreement
(the Merger Agreement) with TransDigm Group Incorporated
(TransDigm) where the parties agreed that TransDigm would acquire
all outstanding Breeze-Eastern shares by means of a cash tender
offer (the Tender Offer) of $19.61 per share (the Offer Price),
for a total transaction value of $206 million.
Approximately two weeks later, on December 3, 2015, Breeze-Eastern
filed a Schedule 14D-9 (the "14D-9") with the Securities and
Exchange Commission ("SEC"), providing the details of the Tender
Offer.
Plaintiff Majed Soueidan brings the putative class action against
Breeze-Eastern Corporation (Breeze-Eastern or the Company), and
Individual Defendants Brad Pedersen, Robert J. Kelly, Nelson Obus,
William M. Schockley, and Serge Dupuis (Defendants), alleging
violations of Section 14(e) of the Securities Act of 1934 and
breach of fiduciary duty. The Complaint cites and relies on
Breeze-Eastern's Schedule 14D-9 and Amended 14D-9 forms.
On March 23, 2016, the Defendants requested a pre-motion
conference to seek leave to file a motion to dismiss. The Court
granted the Defendants' request and held the premotion conference
on May 6. At the conference, the Court granted the Defendants'
request for leave. The Defendants filed the instant motion on May
27, 2016 pursuant to Federal Rule of Civil Procedure 12(b)(6).
In his Opinion and Order dated February 15, 2017, available at
https://is.gd/RfUjOs from Leagle.com, Judge Ramos found that the
Plaintiff's claim that the statement in the 14D-9 is inconsistent
with the statements in the 10-Q and is unavailing and that
Plaintiff has not alleged that Defendants did not actually believe
the statement in the 14D-9 at the time of its filing.
Majed Soueidan is represented by Robert I. Harwood, Esq. --
rharwood@hfesq.com -- and -- Samuel Kenneth Rosen, Esq. --
srosen@hfesq.com -- HARWOOD FEFFER LLP
Breeze-Eastern Corporation is represented by Jessie Morgan
Gabriel, Esq. -- jgabriel@bakerlaw.com -- Daniel Rubin Warren,
Esq. -- twarren@bakerlaw.com -- Douglas L. Shively, Esq. --
dshively@bakerlaw.com -- and -- James A. Slater, Esq. --
jslater@bakerlaw.com -- BAKER & HOSTETLER LLP
Brad Pedersen, et al. are represented by Linda Halliday Martin,
Esq. -- linda.martin@freshfields.com -- and -- Lauren Kaplin, Esq.
-- lauren.kaplin@freshfields.com -- FRESHFIELDS BRUCKHAUS DERINGER
LLP
CHEVRON CORP: "Clack" Files Labor Suit Over Unpaid Wages
--------------------------------------------------------
Vincent Clack, Orlando Sampayo, and Albert Vega Jr., individually
and on behalf of all similarly situated current and former
employees, Plaintiffs, v. Chevron Corporation, Chevron U.S.A.
Inc., Defendants, Case No. BC649514 (Cal. Super., February 6,
2017), seeks compensation for missed meal and rest periods in
violation of California Labor Code, including both regular and
overtime wages, applicable Industrial Welfare Commission Wage
Orders, unpaid final wage upon termination or resignation, as well
as damages, declaratory and injunctive relief resulting from
failure to provide accurate itemized wage statements, and
restitution relief under the California Business and Professions
Code for unfair business practices.
Plaintiffs currently are or were employed as operators at
Chevron's refining and distribution facilities, shipping and
storage terminal facilities and catalyst production plants in
Richmond and El Segundo, California.
Chevron Corporation is incorporated in Delaware, doing business in
and based in San Ramon, California. It is an oil company marketing
its products as Chevron Products and ChevronTexaco Global
Lubricants.
Plaintiff is represented by:
Jay Smith, Esq.
Joshua F. Young, Esq.
GILBERT & SACKMAN - A LAW CORPORATION
3699 Wilshire Boulevard, Suite 1200
Los Angeles, CA 90010
Telephone: (323) 938-3000
Fax: (323)937-9139
Email: js@gslaw.org
iyoung@gslaw.org
- and -
Randy Renick, Esq.
Cornelia Dai, Esq.
HADSELL STORMER & RENICK, LLP
128 North Fair Oaks Avenue, Suite 204
Pasadena, CA 91103-3645
Telephone: (626) 585-9600
Fax: (626) 577-7079
Email: rrr@hadsellstormer.com
cdai@hadsellstormer.com
CHICAGO BRIDGE: "Terry" Labor Suit to Recover Overtime Pay
----------------------------------------------------------
Jeffrey W. Terry, on behalf of himself and all others similarly
situated Plaintiff, v. Chicago Bridge & Iron Company (Delaware),
CB&I and CB&I, Inc. and Stone & Webster Construction Services, LLC
Defendants, Case No. 4:17-cv-00367, (S.D. Tex., February 6, 2017),
seeks unpaid wages, overtime wages, liquidated damages, costs,
attorneys' fees, declaratory and/or injunctive relief, and/or any
such other relief under the Fair Labor Standards Act.
Defendant operates a company that provides services to the
petrochemical industry. It is located in the City of LaPorte,
Texas, and is alleged to be the parent company of Stone. Plaintiff
worked as a Safety Supervisor for Defendant in various
petrochemical plants. Terry claims to have been improperly denied
overtime pay.
Plaintiff is represented by:
Scott W. Wert, Esq.
THE BUCKLEY LAW GROUP
701 W. Belknap
Fort Worth, TX 76102
Tel: (281) 719-9312
Fax: (281) 719-9307
- and -
L. James Krell, Esq.
Ron S. Rainey
TRITICO RAINEY, PLLC
1523 Yale Street
Houston, TX 77008
Telephone: (713) 581-3399
Fax: (713) 581-3360
Email: jkrell@triticorainey.com
CITIZENS BANK: Shelby's Sues Over Usurious Overdraft Fee
--------------------------------------------------------
Shelby's Extraordinaire, LLC, and on behalf of itself and all
others similarly situated, Plaintiff, v. Citizens Bank of
Pennsylvania, Defendant, Case No. 2:17-cv-00556, (E.D. Penn.,
February 6, 2017), seeks monetary damages, restitution and
injunctive relief, as well as reasonable attorney's fees and costs
for violation of Pennsylvania Statutes Sec. 201 (Maximum Lawful
Rate of Interest).
Plaintiff accuses Defendants of charging their clients a
"sustained overdraft fee" in addition to the initial $39 overdraft
fee.
Plaintiff is represented by:
Stephen Denittis, Esq.
DENITTIS OSEFCHEN PRINCE P.C.
1515 Market St., Suite 1200
Philadelphia, PA
Tel: (215) 564-1721
Fax: (215) 564-1759
Email: sdenittis@denittislaw.com
- and -
Jeff M. Ostrow, Esq.
Jonathan M. Streisfeld, Esq.
KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT
200 S.W. 1ST Avenue, 12th Floor
Fort Lauderdale, FL 33301
Tel: (954) 525-4100
Fax: (954) 525-4300
- and -
Jeffrey D. Kaliel, Esq.
TYCKO & ZAVAREEI LLP
2000 L Street, N.W., Suite 808
Washington, DC 20036
Tel: (202) 973-0900
Fax: (202) 973-0950
Email: jkaliele@tzlegal.com
CLIENT SERVICES: Faces "Khaimov" Suit in E.D.N.Y.
-------------------------------------------------
A class action lawsuit has been filed against Client Services Inc.
The case is captioned as Ilya Khaimov, Avraham Miller, and
Alexander Nayberg, on behalf of themselves and all other similarly
situated consumers, the Plaintiffs, v. Client Services Inc., the
Defendant, Case No. 1:17-cv-00783 (E.D.N.Y., Feb. 10, 2017).
Client Services is a full service accounts receivable management
firm offering a diverse selection of collection and recovery
solutions.
The Plaintiffs are represented by:
Igor B Litvak, Esq.
THE LAW OFFICE OF IGOR LITVAK
1701 Avenue P
Brooklyn, NY 11229
Telephone: (646) 796 4905
Facsimile: (718) 408 9570
E-mail: igorblitvak@gmail.com
CLOUGHERTY PACKING: "Verdin" Sues Over Unpaid Wages, Missed Breaks
------------------------------------------------------------------
Cinthia Verdin and Blanca Campos as individuals and on behalf of
all similarly situated employees Plaintiff, v. Clougherty Packing,
LLC, and Does 1 through 50, inclusive Defendant, Case No.
BC649181, (Cal. Super., February 6, 2017), seeks all wages due,
for violation of the California Labor Code, including both regular
and overtime wages, compensation for missed meal and rest periods
in violation of applicable Industrial Welfare Commission Wage
Orders, final pay upon termination or resignation as well as
damages, declaratory and injunctive relief resulting from failure
to provide accurate itemized wage statements and restitution
relief under the California Business and Professions Code for
unfair business practices.
Defendant is a producer of pork products and processed pork, where
Plaintiffs were employed at their Southern California facility.
Plaintiff is represented by:
Kevin Mahoney, Esq.
Na' Shaun Neal, Esq.
Dionisios Aliazis, Esq.
MAHONEY LAW GROUP, APC
249 E. Ocean Blvd.,Ste. 814
Long Beach, CA 90802
Telephone: (562) 590-5550
Facsimile: (562) 590-8400
Email: kmahonev@mahonev-law.net
nneal@mahonev-law.net
daliazis@mahonev-law.net
CMRE FINANCIAL: Faces "Crooks" Suit in S. Dist. of Cal.
-------------------------------------------------------
A class action lawsuit has been filed against CMRE Financial
Services, Inc. The case is entitled as Taneesha Crooks,
Individually and On Behalf of All Others Similarly Situated, the
Plaintiff, v. CMRE Financial Services, Inc., the Defendant, Case
No. 3:17-cv-00270-H-JLB (S.D. Cal., Feb. 10, 2017). The case is
assigned to Hon. Judge Marilyn L. Huff.
CMRE Financial provides both soft-core and continued collection
services that help healthcare organizations reconcile delinquent
accounts.
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
KAZEROUNIAN LAW GROUP, APC
245 Fischer Avenue, Suite D1
Costa Mesa, CA 92626
Telephone: (800) 400 6808
Facsimile: (800) 520 5523
E-mail: ak@kazlg.com
DAILY PRESS: Court OK's Protective Order Stipulation in "Oard"
--------------------------------------------------------------
Magistrate Judge Kenly Kita Kato of the United States District
Court for the Central District of California approved the parties'
stipulation in the case captioned, KIRKLAND OARD, on behalf of
himself and all other similarly situated, Plaintiff, v. DAILY
PRESS, LLC, a California corporation, LOCAL MEDIA GROUP, INC., a
Delaware corporation; and DOES 1 through 10, inclusive,
Defendants, Case No. 5:16-cv-02039-SVW-KK (C.D. Cal.).
In the putative class action lawsuit, Kirkland Oard, on behalf of
himself and others similarly situated, alleges that Local Media
Group, Inc., violated the law by improperly treating him and those
like him as independent contractors. In connection with discovery
in this lawsuit, the Plaintiff has sought certain documents,
written discovery responses, deposition testimony, and other items
containing confidential information, including third-party
information protected by privacy laws such as personal contact
information of current and former independent contractors for
Local Media, and proprietary business policies, procedures, job
descriptions, personnel records, payroll records and/or
timekeeping records of current and former independent contractors
for Local Media.
The Parties stipulate that they desire to protect the
confidentiality, use, and dissemination of independent
contractors' files from improper disclosure to third parties,
agree that good cause exists for the Protective Order, and agree
that such an order is in the best interest of both parties.
The parties also agreed that in the event that counsel for a Party
receiving Documents, Testimony or Information in discovery
designated as "Confidential" or "Confidential -- Attorneys' Eyes
Only" objects to such designation with respect to any or all of
such items, said counsel shall advise counsel for the Designating
Party, in writing, of such objections, the specific Documents,
Testimony or Information to which each objection pertains, and the
specific reasons and support for such objections (the "Designation
Objections"). Counsel for the Designating Party will have thirty
(30) calendar days from receipt of the written, Designation
Objections to either (a) agree in writing to de-designate
Documents, Testimony or Information pursuant to any or all of the
Designation Objections and/or (b) file a motion with the Court
seeking to uphold any or all designations on Documents, Testimony
or Information addressed by the Designation Objections (the
"Designation Motion"). Any Designation Motion or motion
challenging a designation must be made in strict compliance with
Civil Local Rules 37-1 and 37-2 (including the Joint Stipulation
requirement). Pending a resolution of the Designation Motion by
the Court, any and all existing designations on the Documents,
Testimony or Information at issue in such Motion must remain in
place. The Designating Party will have the burden on any
Designation Motion of establishing the applicability of its
"Confidential" or "Confidential -- Attorneys' Eyes Only"
designation. In the event that the Designation Objections are
neither timely agreed to nor timely addressed in the Designation
Motion, then such Documents, Testimony or Information shall be de-
designated in accordance with the Designation Objection applicable
to such material.
The Stipulated Protective Order by Judge Kato dated February 15,
2017, is available at https://is.gd/4GCsuP from Leagle.com.
Kirkland Oard is represented by Thomas Walker Falvey, Esq. --
thomaswfalvey@gmail.com -- Michael Hagop Boyamian, Esq. --
mike.falveylaw@gmail.com -- and -- Armand Raffi Kizirian, Esq. --
armand.falveylaw@gmail.com -- LAW OFFICES OF THOMAS FALVEY --
George K. Jawlakian, Esq. -- George@Jawlakianlaw.com -- and --
Sasoon Sardarian, Esq. -- sasoon.sardarian@gmail.com -- LAW OFFICE
OF SASOON SARDARIAN
Local Media Group, Inc. is represented by Margaret Rosenthal, Esq.
-- mrosenthal@bakerlaw.com -- Matthew D. Pearson, Esq. -- and --
Vartan Serge Madoyan, Esq. -- vmandoyan@bakerlaw.com -- BAKER AND
HOSTETLER LLP
DOLLAR GENERAL: "Velan" Suit Seeks Damages Under Securities Laws
----------------------------------------------------------------
BRUCE VELAN, Individually and On Behalf of All Others Similarly
Situated, the Plaintiff, v. DOLLAR GENERAL CORPORATION and
TODD VASOS, the Defendants, Case No. 3:17-cv-00275 (M.D. Tenn.,
Feb. 10, 2017), seeks to recover damages caused by Defendants'
violations of the federal securities laws and to pursue remedies
under the Securities Exchange Act of 1934.
The case is a federal securities class action on behalf of a class
consisting of all persons other than defendants who purchased or
otherwise acquired Dollar General securities between
March 10, 2016 and November 30, 2016.
Dollar General is one of the largest discount retailers in the
United States, with the main merchandise category being
consumables, which includes packaged foods, perishables, and
snacks.
Dollar General is an American chain of variety stores
headquartered in Goodlettsville, Tennessee.
The Plaintiff is represented by:
Paul Kent Bramlett, Esq.
Robert Preston Bramlett, Esq.
BRAMLETT LAW OFFICES
40 Burton Hills Blvd., Suite 200
P. O. Box 150734
Nashville, TN 37215-0734
Telephone: (615) 248 2828
Facsimile: (866) 816 4116
E-mail: PKNASHLAW@aol.com
Robert@BramlettLawOffices.com
- and -
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Hui M. Chang, Esq.
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661 1100
Facsimile: (212) 661 8665
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
hchang@pomlaw.com
pdahlstrom@pomlaw.com
- and -
Peretz Bronstein, Esq.
BRONSTEIN, GEWIRTZ
& GROSSMAN, LLC
60 East 42nd Street, Suite 4600
New York, NY 10165
Telephone: (212) 697 6484
Facsimile: (212) 697 7296
E-mail: peretz@bgandg.com
DOUBLE PARK: "Lacroix" Suit Moved from Circuit Court to S.D. Fla.
-----------------------------------------------------------------
The class action lawsuit titled Triphene Lacroix, and other
similarly situated employees, the Plaintiff, v. Double Park, LLC,
a Florida Limited Liability Company; Paradise Parking Systems LLC,
a Florida Limited Liability Company; Andrew Falsetto,
individually; and Daniel Radrizzani, individually, Case No. 16-
030971-CA-01, was removed from the 11th Judicial Circuit Court, to
the U.S. District Court for the the Southern District of Florida
(Miami). The District Court Clerk assigned Case No. 1:17-cv-20547-
UU to the proceeding. The case is assigned to Hon. Judge Ursula
Ungaro.
The Plaintiff is represented by:
Anthony Maximillien Georges-Pierre, Esq.
REMER & GEORGES-PIERRE, PLLC
Court House Tower
44 West Flagler Street, Suite 2200
Miami, FL 33130
Telephone: (305) 416 5000
Facsimile: (305) 416 5005
E-mail: agp@rgpattorneys.com
The Defendants are represented by:
John B. Rosenquest, IV, Esq.
ROSENQUEST LAW FIRM P.A.
3225 Franklin Avenue, Suite C-101
Coconut Grove, FL 33133
Telephone: (305) 607 5115
Facsimile: (305) 402 8183
E-mail: jrosenquest@rosenquestlawfirm.com
DR PEPPER: "Chuang" Alleges Mislabelling of Fruit Snacks
--------------------------------------------------------
Jonathan Chuang, on behalf of himself and all others similarly
situated, Plaintiff, v. Dr. Pepper Snapple Group, Inc., Mott's,
LLP and General Mills, Inc., Defendants, Case No. BC649291, (Cal.
Super., February 6, 2017), seeks compensatory, treble and punitive
damages, prejudgment interest on all amounts awarded, restitution
and all other forms of equitable monetary relief, injunctive
relief, reasonable attorneys' fees and expenses and costs
resulting from breach of express and implied warranty, unjust
enrichment and for violation of the California Consumers Legal
Remedies Act, and California Business and Professions Code.
Dr. Pepper Snapple Group, Inc. is a corporation organized under
the laws of Delaware, with its principal place of business at 5301
Legacy Drive, Plano, Texas, 75024. Dr. Pepper is in the business
of developing, manufacturing, distributing, and selling beverages
and snack products under various brands, including Mott's and Dr.
Pepper while General Mills produces, markets, distributes and
licenses the Fruit Snacks under the authority of Dr. Pepper and
Motts, LLP.
Defendants are accused of placing pictures of fresh fruits and
vegetables on their product labels, despite the fact that they
are mostly a combination of corn syrup, sugar and modified corn
starch, says the complaint.
The Plaintiffs bought their products under the impression that
they contain significant amounts of fresh fruits and vegetables as
shown on their product labels.
Plaintiff is represented by:
Kim E. Richman, Esq.
Jaimie Mak, Esq.
535 Mission Street
San Francisco, CA 94105
Tel: (415)259-5688
Fax: (718) 228-8522
Email: krichman@richmanlawgroup.com
jmak@richmanlawgroup.com
- and -
Stephen Gardner, Esq.
Amanda Howell (Pro Hac Vice forthcoming)
STANLEY LAW GROUP
6116 N. Central Expressway, Suite 1500
Dallas, TX 75206
Tel: (214) 443-4300
Fax: (214) 443-0358
Email: steve@consumerhelper.com
ahowell@stanleylawgroup.com
ENCORE RECEIVABLE: Faces "Farrell" Suit in E.D.N.Y.
---------------------------------------------------
A class action lawsuit has been filed against Encore Receivable
Management, Inc. The case is captioned as Nancy Farrell and Mumtaz
Yuksel, individually and on behalf of all others similarly
situated, the Plaintiff, v. Encore Receivable Management, Inc.,
the Defendant, Case No. 2:17-cv-00757 (E.D.N.Y., Feb. 10, 2017).
Encore Receivable Management provides collections management
solutions. It offers pre charge-off account management and primary
post charge-off.
The Plaintiff appears pro se.
FARMERS INSURANCE: "Horton" Suit Claims Breach of Agent Agreement
-----------------------------------------------------------------
SHANELLE N. HORTON, individually and on behalf of all others
similarly situated, Plaintiff, v. FARMERS INSURANCE EXCHANGE,
TRUCK INSURANCE EXCHANGE, FIRE INSURANCE EXCHANGE, MID-CENTURY
INSURANCE COMPANY, FARMERS NEW WORLD LIFE INSURANCE COMPANY, COAST
NATIONAL INSURANCE COMPANY, FOREMOST INSURANCE COMPANY,
FOREMOST SIGNATURE INSURANCE COMPANY, and FOREMOST PROPERTY
AND CASUALTY INSURANCE COMPANY, Defendants, Case No. 1:17-cv-00894
(S.D.N.Y., February 7, 2017), seeks declaratory and injunctive
relief and money damages for alleged defamation per se and breach
of (insurance) Agent Appointment Agreements by depriving agents
further commission or "Contract Value" when terminated.
Farmers Insurance Exchange, Inc., a reciprocal and inter-insurance
exchange company, provides property and casualty insurance
products in the United States.
The Plaintiff is represented by:
Brian L. Ponder, Esq.
BRIAN PONDER LLP
200 Park Avenue, Suite 1700
New York, NY 10166
Phone: (646) 450-9461
Fax: (646) 607-9238
Email: brian@brianponder.com
FIDELITY MANAGEMENT: "Burgess" ERISA Suit Transferred to D. Mass
----------------------------------------------------------------
The case captioned Mark Burgess, Rhonda Johnson, Larry Lopez,
Holger Meyer and Alan B. Munns, Plaintiffs, v. HP Inc., Fidelity
Management Trust Company, Fidelity Investments Institutional
Operations Company and United Airlines, Inc., Defendants, Case No.
5:16-cv-04784, (N.D. Cal., August 18, 2016), was transferred to
the U.S. District Court of Massachusetts on February 7, 2017
Plaintiffs bring this action on behalf of the HP Plan and all
other similarly-situated individual account plans for which
Fidelity Management Trust Company acts as Trustee. They are
employees of HP Inc. and United Airlines, Inc. and are
participants in their respective 401(k) Plans, both of which are
profit-sharing plans with cash-or-deferred arrangements.
Plaintiff alleges that Fidelity loaned off sums of the Plan fund
for self-profit in violation of the Employee Retirement Income
Security Act (ERISA) of 1974.
The Plaintiff is represented by:
Garrett W. Wotkyns, Esq.
John J. Nestico, Esq.
Michael C. Mckay, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY LLP
8501 North Scottsdale Road, Suite 270
Scottsdale, AZ 85253
Tel: (480) 428-0142
Email: gwotkyns@schneiderwallace.com
- and -
Jason H. Kim, Esq.
Kyle G. Bates, Esq.
Mark T. Johnson, Esq.
Todd Schneider, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Tel: (415) 421-7100
Fax: (415) 421-7105
HP Inc. is represented by:
Nicole A. Diller, Esq.
Roberta H. Vespremi, Esq.
MORGAN LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Tel: (415) 442-1000
Fax: (415) 442-1001
Email: ndiller@morganlewis.com
rvespremi@morganlewis.com
- and -
Alexandra S. Tuffuor, Esq.
Roberta H. Vespremi, Esq.
MORGAN LEWIS & BOCKIUS LLP
One Federal Street
Boston, MA 02110
Tel: (617) 341-7700
Fax: (617) 341-7701
Email: alexandra.tuffuor@morganlewis.com
rvespremi@morganlewis.com
- and -
Donald Lawrence Havermann, Esq.
MORGAN LEWIS & BOCKIUS LLP
1111 Pennsylvania Avenue, N.W.
Washington, DC 20004
Tel: (202) 739-5072
Fax: (202) 739-3001
Email: dhavermann@morganlewis.com
Fidelity Group is represented by:
Randall W. Edwards, Esq.
O'MELVENY & MYERS LLC
2 Embarcadero Center, Suite 2800
San Francisco, CA 94111
Tel: (415) 984-8700
Email: redwards@omm.com
United Airlines Inc. is represented by:
Michael Williams Stevens, Esq.
55 Second Street, 24th Floor
San Francisco, CA 94105
Tel: (415) 856-7000
Fax: (415) 856-7100
Email: mwstevens@seyfarth.com
- and -
Ronald J. Kramer, Esq.
SEYFARTH SHAW LLP
131 South Dearborn Street, Suite 2400
Chicago, IL 60603
Tel: (312) 460-5000
Fax: (312) 460-7000
Email: rkramer@seyfarth.com
FIRST TRANSIT: Non-Party in "Paprock" Loses Second Appeal
---------------------------------------------------------
Associate Judge Joan Irion of the California Court of Appeals
affirmed the trial court's December 7, 2015, order in the case
captioned, BERNIE PAPROCK et al., Plaintiffs and Respondents, v.
FIRST TRANSIT, INC., Defendant and Respondent, ERIC P. CLARKE,
Movant and Appellant, Case No. D069748 (Cal. App.).
In May 2010, Plaintiffs Bernie Paprock, Teah Nelson, Pamela
Hastings and Mancha Overstreet, on behalf of themselves and all
other similarly situated current and former paratransit drivers
and fixed-route drivers employed by First Transit, Inc., filed a
wage and hour class action complaint against the company,
asserting three causes of action based on alleged violations of
the Labor Code, including failures to provide required meal and
rest breaks and to pay wages. The complaint alleges that First
Transit, a company that provides transportation services, employed
the Plaintiffs as "non-exempt" bus drivers who transported First
Transit's customers. The Plaintiffs alleged that they represented
a class of "similarly situated former and current employees of
First Transit" who "were employed in California and suffered
damages as a result of First Transit's unlawful employment
practices."
This is the second time nonparty Eric P. Clark has sought
appellate review of proceedings in the wage and hour class action
in which the plaintiff employee class and the defendant employer
are both respondents. Clarke appeals from a postjudgment order of
the superior court in which he unsuccessfully tried to vacate the
judgment of the trial court giving final approval of a proposed
settlement between the class and the employer. Throughout these
trial and appellate court proceedings, Clarke was opposed by (1)
the plaintiffs on behalf of themselves and all other similarly
situated current and former paratransit drivers and fixed-route
drivers employed by First Transit, and (2) First Transit.
In a 2015 opinion, the Court of Appeals reversed the trial court's
order dismissing (without ruling on) Clarke's October 2013 motion
to vacate the judgment of the superior court and remanded the case
with instructions for the trial court to rule on the issues raised
in Clarke's motion. Following remand, Clarke filed a new motion
to vacate and set aside the judgment -- again brought on both
statutory and equitable bases. The trial court denied both motions
on various independent grounds, and Clarke appealed from the
postjudgment order.
In her Opinion dated February 15, 2017, available at
https://is.gd/ruTho0 from Leagle.com, the Court of Appeal held
that the trial court did not err in applying the doctrine of the
law of the case -- the case being Paprock I, supra, D064697 -- to
deny Clarke's motions. Alternatively, even if the Court of Appeal
was to assume that the law of the case doctrine did not preclude
the claims in Clarke's motions, Clarke is still not entitled to
relief: The statutory motions were denied by operation of law, and
Clarke did not prove extrinsic fraud in the equitable motions.
Accordingly, the Court of Appeal affirmed.
Eric P. Clarke is represented by Mark Yablonovich, Esq. --
mark@yablonovichlaw.com -- Law OFFICES OF MARK YABLONOVICH
Bernie Paprock, et al. are represented by Martin N. Buchanan, Esq.
-- martin@martinbuchanan.com -- LAW OFFICES OF MARTIN N. BUCHANAN
-- and --
Sheldon A. Ostroff, Esq.
OFFICES OF SHELDON A. OSTROFF
1441 State St
San Diego, CA 92101-3421
Tel:(619)544-0881
First Transit, Inc. is represented by Theodore R. Scott, Esq. --
tscott@littler.com -- and -- David J. Dow, Esq. --
ddow@littler.com -- LITTLER MENDELSON
FXCM INC: "Khoury" Suit Alleges Securities Act Violations
---------------------------------------------------------
TONY KHOURY, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY
SITUATED, Plaintiff, v. FXCM INC., DROR NIV, and ROBERT LANDE,
Defendants, Case 1:17-cv-00916 (S.D.N.Y., February 7, 2017),
alleges that Defendants violated the U.S. Securities and Exchange
Act by making false and/or misleading statements and/or failed to
disclose that: (1) between September 4, 2009 through at least
2014, FXCM's U.S. subsidiary engaged in false and misleading
solicitations of its retail foreign exchange customers by
concealing its relationship with its most important market maker
and by misrepresenting that its "No Dealing Desk" platform had no
conflicts of interest with its customers; (2) FXCM's U.S.
subsidiary made false statements to the National Futures
Association about its relationship with the market maker.
Defendant FXCM Inc. is a Delaware Corporation headquartered in New
York, New York, which provides online foreign exchange (FX)
trading and related services to retail and institutional customers
worldwide through its subsidiaries.
The Plaintiff is represented by:
Phillip Kim, Esq.
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 34th Floor
New York, NY 10016
Phone: (212) 686-1060
Fax: (212) 202-3827
Email: lrosen@rosenlegal.com
Email: pkim@rosenlegal.com
HP INC: "Doty" Anti-trust Suit Transferred to N.D. Cal.
-------------------------------------------------------
The case captioned Robert Doty, individually, and on behalf of all
others similarly situated, Plaintiff, v. HP, Inc. and Does 1-10,
Defendant, Case No. 5:16-cv-02063, (C.D. Cal., September 28,
2016), was transferred to the U.S. District Court for the Northern
District of California (San Jose) under Case No: 5:17-cv-00521 on
February 7, 2017.
Plaintiff claims damages under California's False Advertising Law,
California Business and Professions Code and the Unfair
Competition Law. Doty accuses HP of anti-trust and unfair
competition from the incompatibility of its printers with those
form third party manufacturers.
Plaintiff is represented by:
Adrian Robert Bacon, Esq.
LAW OFFICES OF TODD FRIEDMAN PC
324 South Beverly Drive, Suite 725
Beverly Hills, CA 90212
Tel: (877) 206-4741
Fax: (866) 633-0228
Email: abacon@attorneysforconsumers.com
- and -
Todd M. Friedman, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, PC
21550 Oxnard Street, Suite 780
Woodland Hills, CA 91367
Tel: (877) 206-4741
Fax: (866) 633-0228
Email: tfriedman@toddflaw.com
HP, Inc. is represented by:
Samuel G. Liversidge, Esq.
Rodney J. Stone, Esq.
Jared M. Strumwasser, Esq.
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: (213) 229-7365
Facsimile: (213) 229-6365
Email: sliversidge@gibsondunn.com
rstone@gibsondunn.com
jstrumwasser@gibsondunn.com
HUNTER WARFIELD: Faces "Morris" Suit in S.D. of Calif.
------------------------------------------------------
A class action lawsuit has been filed against Hunter Warfield,
Inc. The case is captioned as Florence Morris, individually and on
behalf of others similarly situated, the Plaintiff, v. Hunter
Warfield, Inc., the Defendant, Case No. 3:17-cv-00274-JAH-BLM
(S.D. Cal., Feb. 10, 2017). The case is assigned to Hon. Judge
John A. Houston.
Hunter Warfield provides revenue recovery and risk mitigating
services.
The Plaintiff is represented by:
Joshua Swigart, Esq.
HYDE & SWIGART
2221 Camino Del Rio South, Suite 101
San Diego, CA 92108
Telephone: (619) 233 7770
Facsimile: (619) 297 1022
E-mail: josh@westcoastlitigation.com
ION SOLAR: Faces "Knutson" Suit in S.D. of Calif.
-------------------------------------------------
A class action lawsuit has been filed against Ion Solar, LLC. The
case is styled as Erik Knutson, Individually and on behalf of All
Others Similarly Situated, the Plaintiff, v. Ion Solar, LLC, the
Defendant, Case No. 3:17-cv-00269-GPC-AGS (S.D. Cal., Feb. 10,
2017). The case is assigned to Hon. Judge Gonzalo P. Curiel.
Ion Solar provides premier residential, commercial, and solar
panel energy systems.
The Plaintiff is represented by:
Joshua Swigart, Esq.
HYDE & SWIGART
2221 Camino Del Rio South, Suite 101
San Diego, CA 92108
Telephone: (619) 233 7770
Facsimile: (619) 297 1022
E-mail: josh@westcoastlitigation.com
JPMORGAN CHASE: "Scott" Sues Over Excessive Charges on Debit Card
-----------------------------------------------------------------
William Mark Scott, individually and on behalf of all others
similarly situated, Plaintiff, v. JPMorgan Chase & Co., Defendant,
Case No. 1:17-cv-00249, (D.C., February 7, 2017), seeks injunctive
relief, monetary damages, compensatory, incidental or
consequential damages, equitable monetary relief, punitive or
exemplary damages, reasonable costs and expenses of suit,
including attorneys' fees, pre- and post-judgment interest and
such further relief resulting from unjust enrichment and violation
of various state consumer protection procedures acts and the
Electronic Fund Transfer Act.
D.C. jurors automatically receive their fees via Chase Debit Cards
when performing jury duty. Plaintiff accuses Chase of charging a
barrage of fees for inactivity, withdrawal through other banks,
conversion to cash, balance inquiry and so forth.
Plaintiff is represented by:
Anna C. Haac, Esq.
Sophia J. Goren, Esq.
Jeffrey D. Kaliel, Esq.
TYCKO & ZAVAREEI LLP
1828 L Street, NW, Suite 1000
Washington, DC 20036
Telephone: (202) 973-0900
Facsimile: (202) 973-0950
Email: ahaac@tzlegal.com
sgoren@tzlegal.com
jkaliel@tzlegal.com
JUST BORN: "Escobar" Sues Over Under-filled Candy Boxes
-------------------------------------------------------
Stephanie Escobar, individually and on behalf of all others
similarly situated, Plaintiff, v. Just Born, Inc., and Does 1
through 10, inclusive, Defendants, Case No. BC649182, (Cal.
Super., February 6, 2017), seeks compensatory, treble and punitive
damages, prejudgment interest on all amounts awarded, restitution
and all other forms of equitable monetary relief, injunctive
relief, reasonable attorneys' fees and expenses and costs
resulting from breach of express and implied warranty, unjust
enrichment and violation of the California Consumers Legal
Remedies Act, California Business and Professions Code and False
Advertising Law.
Plaintiff purchased Mike and Ike (R) and Hot Tamales (R) brand
candy products sold at retail outlets and movie theaters
throughout California and the United States. Escobar alleges that
the Defendant deliberately under-fills the opaque boxes by 46%.
Just Born, Inc. is a corporation headquartered in Bethlehem,
Pennsylvania and maintains its principal business office at 1300
Stefko Blvd., PA 18017. It manufactures and sells said products
throughout the U.S.
Plaintiff is represented by:
Ryan J. Clarkson, Esq.
Shireen M. Clarkson, Esq.
Shalini M. Dogra, Esq.
CLARKSON LAW FIRM, P.C.
9255 Sunset Blvd, Ste. 804
Los Angeles, CA 90069
Tel: (213) 788-4050
Fax: (213) 788-4070
Email: rclarkson@darksonlawfirm.com
sclarkson@clarksonlawfirm.com
sdogra@clarksonlawfirm.com
KITOV PHARMA: Inflated IPO Price Hit in "Pilgaonkar" SEC Case
-------------------------------------------------------------
Ameya Pilgaonkar, individually and on behalf of all others
similarly situated, Plaintiff, v. Kitov Pharmaceuticals Holdings
Ltd, Isaac Israel and Simcha Rock, Defendants, Case No. 1:17-cv-
00917, (S.D. N.Y., February 7, 2017), seeks damages, prejudgment
and post-judgment interest, reasonable attorneys' fees, expert
fees and other costs and such other and further relief under the
Securities and Exchange Act.
Kitov is a clinical development stage biopharmaceutical company
that develops combination drugs for the simultaneous treatment of
pain caused by osteoarthritis and hypertension. Its leading drug
is KIT-302, a fixed dosage combination product based on the
generic drugs celecoxib and amlodipine besylate.
Kitov's CEO Isaac Israel had been detained and questioned by the
ISA on suspicion of publishing misleading information in
connection with a clinical trial of KIT-302. On this news, Kitov's
American Depositary Receipts (ADR) price fell $0.33, or 11.46%, to
close at $2.55 on February 6, 2017.
Plaintiff purchased or otherwise acquired Kitov American
Depositary Receipts pursuant and/or tradeable to their initial
public offering on or about November 20, 2015. Pilgaonkar lost
substantially over the deal.
Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Marc Gorrie, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
Email: jalieberman@pomlaw.com
ahood@pomlaw.com
mgorrie@pomlaw.com
- and -
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
10 South La Salle Street, Suite 3505
Chicago, IL 60603
Telephone: (312) 377-1181
Facsimile: (312) 377-1184
Email: pdahlstrom@pomlaw.com
- and -
Michael Goldberg, Esq.
Brian Schall, Esq.
1999 Avenue of the Stars, Suite 1100
Los Angeles, CA 90067
Telephone: 1-800-977-7401
Fax: 1-800-536-0065
Email: michael@goldberglawpc.com
brian@goldberglawpc.com
LAURMARK ENTERPRISES: Rios Seeks Unpaid Wages Under Labor Code
--------------------------------------------------------------
JUAN RIOS, an Individual, on behalf of himself and all others
similarly situated, the Plaintiff, v. LAURMARK ENTERPRISES INC., a
Texas corporation, dba BAK INDUSTRIES; and DOES 1 through 100,
Inclusive, the Defendant, Case No. (S.D. Fla., Feb. 10, 2017),
seeks to recover unpaid wages, penalties and other compensation
from Defendants as a result of Defendants' unlawful, fraudulent
and/or unfair business practices.
The case is a civil action seeking recovery for Defendants'
violations of the California Labor Code (Labor Code), California
Business and Professions Code, and, the applicable Wage Order(s)
issued by the California Industrial Welfare Commission.
Plaintiffs and the members of the Wage Statement Class have
suffered injury as a result of Defendants' failure to maintain
accurate records for the members of the Wage Statement in that the
members of the Wage Statement Class were not timely provided
written accurate itemized statements showing all requisite
information, including but not limited to total hours worked by
the employee, gross wages earned, net wages earned, all
deductions, and all applicable hourly rates in effect during the
pay period.
Laurmark is a mid-sized organization in the plastics products
companies industry located in San Fernando, California.
The Plaintiff is represented by:
Bruce Kokozian, Esq.
KOKOZIAN LAW FIRM, APC
9440 South Santa Monica Boulevard, Suite 510
Beverly Hills, CA 90210
Telephone (323) 857 5900
LYFT INC: Kingsbury, Koenig and Williams File Class Action
----------------------------------------------------------
Beth Kingsbury, an individual, Jill Koenig, an individual,
Savannah Williams, an individual, individually and on behalf of
all other similarly situated Plaintiffs, v. Allison Clark, an
individual, Keegan Kok, an individual, Mattia Nanfria, an
individual, Emma Fine, an individual, Lamont Campbell, Sr., an
individual, David Todd Perelmutter, an individual, Christopher
Wojnar, an individual, Michael Elrod, an individual, Lyft Inc., a
Delaware Corporation, Defendants, Case No. 2017-CH-01825, (Ill.
Cir., February 6, 2017), seeks to recover lost wages, attorney's
fees and cost incurred in filing this action and such other and
further relief for breach of contract, tortious interference with
a prospective economic advantage, wrongful suspension/discharge,
defamation, assault, conspiracy and violations of Illinois
Whistleblower Act, Illinois Stalking Act, Fair Labor Standards Act
and the Illinois Wage Payment and Collection Act.
Lyft is a San Francisco, car service and rideshare service that
promotes itself as a transportation networking company where
Plaintiffs worked as drivers. Plaintiffs volunteered their time
and efforts to promote Lyft, allowing Lyft to use their image and
likeness, and assisted in building up brand recognition and Lyft
community morale, without compensation. However, Defendants made
false and misleading statements about the Plaintiffs in their
Facebook group accusing Plaintiffs of bullying, harassing,
intimidating, and scaring other drivers. Individual Defendants
also made threatening moves towards Plaintiffs, says the
complaint.
Koenig, Kingsbury and Williams' shift planner accounts were
eventually deactivated.
The Plaintiff is represented by:
L. Steven Platt, Esq.
Christine R. Frymire, Esq.
ROBBINS, SALOMON & PATT, LTD.
180 N. LaSalle St. Ste. 3300
Chicago, Illinois 60601
Tel: (312) 782-9000
Email: lsplatt@rsplaw.com
cfrymire@rsplaw.com
MAGNETIC CONTRACTING: "Tenesaca" Suit Seeks OT Pay Under FLSA
-------------------------------------------------------------
PEDRO TENESACA a/k/a FERNANDO CRUZ, individually and on behalf of
all others similarly situated, the Plaintiff, v. MAGENTIC
CONTRACTING CORP., CITY METRO CORP., and NIKITAS "NICK" NIKOLIS,
individually, the Defendants, Case No. 1:17-cv-01006 (S.D.N.Y.,
Feb. 10, 2017), seeks to recover overtime compensation and other
damages for Plaintiffs and his similarly situated co-workers --
carpenters, laborers, helpers, and other non-exempt workers -- who
work or have worked for Magnetic Contracting Corp and/or City
Metro Corp.
The Plaintiff brought the action on behalf of himself and all
others similarly situated Non-Exempt Workers who elect to opt in
to the action pursuant to Fair Labor Standards Act. Despite being
non-exempt employees, Magnetic has allegedly failed to properly
pay Plaintiff and other Non-Exempt Workers overtime compensation
at 1.5 times their regular rate of pay.
Owned and operated by Magnetic Contracting Corp., City Metro
Corp., and Nikitas "Nick" Nikolis, Magnetic is a commercial and
residential construction company operating throughout the greater
New York City area.
The Plaintiff is represented by:
Brian S. Schaffer, Esq.
Arsenio D. Rodriguez, Esq.
FITAPELLI & SCHAFFER, LLP
28 Liberty Street, 30th Floor
New York, NY 10005
Telephone: (212) 300 0375
MCKINNON & HAMILTON: "Klein" Suit Seeks Certification of Class
--------------------------------------------------------------
In the lawsuit styled PATRICIA A. KLEIN, on behalf of herself and
all others similarly situated, the Plaintiff, v. MCKINNON &
HAMILTON, PLLC, a Florida Limited Liability Company, and CHARLES
W. MCKINNON, individually, the Defendants, Case No. 2:16-cv-14527-
RLR (S.D. Fla.), the parties jointly ask the Court for an order to
certify a class of:
(i) all persons with addresses in the State of Florida (ii) to
whom initial communication letters were mailed, delivered or
caused to be mailed or delivered by Defendants (iii) that
contained the phrases "Please forward a check in the above
amount payable to McKinnon & Hamilton, PLLC Trust Account for
processing. If we do not receive your payment within thirty
days from your receipt of this letter, a Claim of Lien will be
recorded in order to secure unpaid assessments, as well as
costs, interest and attorney's fees incurred in collecting the
assessments." (iv) that were not returned undeliverable by the
U.S. Post Office (v) in an attempt to collect a debt incurred
for personal, family, or household purposes (vi) during the
one year period prior to the filing of the original Complaint
in this action through the date of certification".
The Parties further ask the Court to appoint Patricia A. Klein as
Class Representative and appoint Leo W. Desmond, Esq., as Class
counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=wqKpWtfK
The Plaintiff is represented by:
Leo W. Desmond, Esq.
DESMOND LAW FIRM, P.C.
5070 Highway A1A, Suite D
Vero Beach, FL 32963
Telephone: 772 231 9600
Facsimile: 772 231 0300
E-mail: lwd@verobeachlegal.com
The Defendants are represented by:
Lewis Wilson Murphy, Esq.
MURPHY & WALKER, P.L.
2001 U.S. Highway 1
Vero Beach, FL 32960
Telephone: (772) 231 1900
Facsimile: (772) 231 4387
E-mail: wmurphy@murphywalker.com
METLIFE INC: "McKinnney" Labor Suit Seeks to Recover Overtime Pay
-----------------------------------------------------------------
Stephanie McKinnney, Plaintiff, v. Metlife, Inc., Metropolitan
Life Insurance Company and Metlife Insurance Company, U.S.A.,
Defendants, Case No. 3:17-cv-00173, (D. Conn., February 7, 2017),
seeks unpaid wages and liquidated damages, attorneys' fees and
costs, pre-judgment and post-judgment interest and such other
relief for violation of the federal Fair Labor Standards Act and
the Connecticut Minimum Wage Act.
McKinney on behalf of herself and all other similarly situated
current and former Long Term Disability Claim Specialists seek
overtime compensation for working in excess of 40 hours in a
workweek.
Plaintiff is represented by:
Daniel Schneider, Esq.
SCHNEIDER LAW FIRM, LLC
112 Broad St Milford, CT 06460
Telephone: (203) 874-0030
Fax number: (203) 878-0117
Email: daniel@Schneider-Law-firm.com
- and -
Jeremy Heisler, Esq.
Andrew Melzer, Esq.
Michael D. Palmer, Esq.
David Tracey, Esq.
SANFORD HEISLER, LLP
1350 Avenue of the Americas, 31st Floor
New York, NY 10019
Telephone: (646) 402-5650
Facsimile: (646) 402-5651
Email: jheisler@sanfordheisler.com
amelzer@sanfordheisler.com
mpalmer@sanfordheisler.com
dtracey@sanfordheisler.com
MOUNTAIN ENERGY: "VanVleet" Suit Seeks Relief Under FLSA
--------------------------------------------------------
CARL VANVLEET, on behalf of himself and similarly situated
employees, the Plaintiff, v. MOUNTAIN ENERGY SERVICES, INC., the
Defendant, Case No. 3:17-cv-00249-UN3 (M.D. Pa., Feb. 9, 2017),
seeks all available relief under the Fair Labor Standards Act
(FLSA), and the Pennsylvania Minimum Wage Act (PMWA).
The Plaintiff works for Defendant as an Hourly Employee. The
Defendant classifies Plaintiff and other Hourly Employees as
eligible for overtime premium pay when they work over 40 hours per
week. The lawsuit challenges the method by which Defendant
determines the overtime premium pay owed to Plaintiff and other
Hourly Employees. The Defendant often violates the above rule in
determining the overtime hours of Plaintiff and other Hourly
Employees whose work hours are assigned to multiple payroll
categories during a single week.
Mountain Energy Services offers trucking and construction
services. The Company provides services including fluids
transportation, disposal and freight.
The Plaintiff is represented by:
Peter Winebrake, Esq.
R. Andrew Santillo, Esq.
Mark J. Gottesfeld, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twinning Road, Suite 211
Dresher, PA 19025
Telephone: (215) 884 2491
NAKED JUICE: "Perez" Sues Over Non-disclosure of Sugar Content
--------------------------------------------------------------
Sonia Perez, individually, and on behalf of a class of similarly
situated individuals, Plaintiff, v. Naked Juice Co. of Glendora,
Inc., a California Corporation; Pepsico, Inc., a North Carolina
corporation and Does 1-10, inclusive, Defendants, Case No.
BC649296, (Cal. Super., February 6, 2017), seeks compensatory,
treble and punitive damages, prejudgment interest on all amounts
awarded, restitution and all other forms of equitable monetary
relief, injunctive relief, reasonable attorneys' fees and expenses
and costs resulting from breach of express and implied warranty,
unjust enrichment and violation of the California Consumers Legal
Remedies Act, California Business and Professions Code and False
Advertising Law.
Naked Juice Co. is a California corporation located at 1333 South
Mayflower Ave., Suite 100, Monrovia, CA 91016. PEPSICO, Inc. is a
North Carolina corporation, with Corporate Headquarters are
located at 700 Anderson Hill Road, Purchase, NY 10577.
Naked Juice Pure is manufactured, distributed, marketed, and/or
sold by Naked Juice of Glendora, Inc. and PEPSICO, Inc. Its label
or outer packaging indicates "No Sugar Added" but does not specify
the precise nutrient content claims concerning sugar that may be
made on a food label on its containers as required by the Food and
Drug Administration and the Food, Drug and Cosmetics Act of 1938.
Plaintiff purchased one or more bottles of Naked Coconut Water
from authorized Naked Coconut Water retailers in Los Angeles,
California.
Plaintiff is represented by:
Lee A. Cirsch, Esq.
Robert K. Friedl, Esq.
Trisha K. Monesi, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (310)556-4811
Facsimile: (310)943-0396
Email: Lee.Cirsch@capstonelawyers.com
Robert.Friedl@capstonelawyers.com
Trisha.Monesi@capstonelawyers.com
NAMOW INC: T. Mina Supply Seeks Unpaid Fees for Services Rendered
------------------------------------------------------------------
T. Mina Supply, Inc., on behalf of itself and all other persons
similarly situated as trust fund beneficiaries of Lien Law trusts
of which Namow, inc., is a trustee, Plaintiffs, v. Namow, Inc.,
City of New York, by its Department of Design and Construction,
City of New York, by its Department of Environmental Protection,
Westchester Fire Insurance Company, Maria G. Nubile, Bruna J.
Laurino and "John Doe One" Through "John Doe Ten," Defendants,
Case No. 701720/2017, (N.Y. Sup., February 6, 2017), seeks to
recover unpaid fees still owing as part of the completion of the
construction work, recovery of trust funds held for the benefit of
the Plaintiff, damages for breach of trust obligations, recovery
of trust assets or any trust claims, reasonable costs and expenses
of this action including reasonable attorney fees and further
relief for breach of contract and under the Lien Law.
Plaintiff and the Defendants entered into a contract for the
reconstruction of collapsed/defective storm, sanitary or combined
vitrified clay pipe sewers in various locations within Queens.
Plaintiff seeks to claim their unpaid fees, with interest, for
services rendered. Defendants have failed, neglected and refused
to make an adjustment or payment thereof for more than thirty days
after billing.
Plaintiff is represented by:
Marshall M. Stern, Esq.
MARSHALL M. STERN, PC
17 Cardiff Court
Huntington Station, NY 117-16
Tel: (631)427-0101
NEW YORK HEALTH: Faces "Andrews" Suit in E.D.N.Y.
-------------------------------------------------
A class action lawsuit has been filed against New York Health &
Racquet Club Foundation, Inc. The case is styled as Victor
Andrews, on behalf of himself and all others similarly situated,
the Plaintiff, v. New York Health & Racquet Club Foundation, Inc.,
the Defendant, Case No. 1:17-cv-00781 (E.D.N.Y., Feb. 10, 2017).
The Plaintiff appears pro se.
OTTOMANELLI'S CAFE: "Reyes" Suit Seeks Unpaid Minimum & OT Wages
----------------------------------------------------------------
PRIXCO SORIANO REYES and AGUSTIN VALERIANO VILLAREAL, individually
and on behalf of others similarly situated, the Plaintiffs, v.
OTTOMANELLI'S CAFE FRANCHISING CORP (d/b/a OTTOMANELLI'S CAFE),
OTTOMANELLI BROTHERS LTD. (d/b/a
OTTOMANELLI BROS.), NICOLO OTTOMANELLI, and JOSEPH OTTOMANELLI
JR., the Defendants, Case No. 1:17-cv-01035 (S.D.N.Y., Feb. 10,
2017), seeks to recover unpaid minimum and overtime wages pursuant
to the Fair Labor Standards Act of 1938 and the New York Labor
Law.
The Plaintiffs worked for Defendants in excess of 40 hours per
week, without appropriate minimum wage or overtime compensation
for the hours that they worked each week. Rather, Defendants
failed to maintain accurate recordkeeping of the hours worked,
failed to pay Plaintiffs appropriately for any hours worked,
either at the straight rate of pay or for any additional overtime
premium. Furthermore, Defendants failed to pay Plaintiffs the
required "spread of hours" pay for any day in which they worked
over 10 hours per day.
The Defendants own, operate, or control a butcher shop located at
1549 York Avenue, New York, New York under the name "Ottomanelli
Bros."
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, suite 2540
New York, NY 10165
Telephone: (212) 317 1200
Facsimile: (212) 317 1620
P&S SELECT: Faces "Chacon" Class Action in S.D.N.Y.
---------------------------------------------------
A class action lawsuit has been filed against P&S Select Foods
Inc. The case is titled as Jose Dimas Gutierrez Chacon,
individually and on behalf of others similarly situated, the
Plaintiff, v. P&S Select Foods Inc., doing business as P&S Select
Foods; P&S Select Meats Inc., doing business as P&S Select Foods;
Ray Millan Sr.; Gary Langsam; Anthony Millan; and Ray Millan Jr.,
the Defendants, Case No. 1:17-cv-01037 (S.D.N.Y., Feb. 10, 2017).
P&S Select is a full service company supplying processors,
wholesalers and retailers.
The Plaintiff appears pro se.
PRECISION DRILLING: "Haggard" Suit Alleges Labor Law Violations
---------------------------------------------------------------
Justin Haggard, an individual on behalf of himself and other
similarly situated California employees, Plaintiff, vs. Precision
Drilling, Inc., a California corporation; and DOES 1 through 100,
inclusive, Defendants, Case No. RG 17-848-582 (Cal. Super., County
of Alameda, February 7, 2017), seeks remedies for conversion of
gratuities, failure to pay prevailing wage, failure to provide
proper and itemized wage statements, failure to provide pay stub
violations, and unfair business practices.
Precision Drilling, Inc. provides oil and gas drilling services.
Plaintiff worked as an hourly employee on public works projects.
The Plaintiff is represented by:
Mark L. Venardi, Esq.
Martin Zurada, Esq.
Mark Freeman, Esq.
VENARDI ZURADA LLP
700 Ygnacio Valley Road, Suite 300
Walnut Creek, CA 94596
Phone: (925) 937-3900
Fax: (925) 937-3905
PROJECT NEW: "Brooks" Suit Seeks All Wages Owed Under Labor Code
----------------------------------------------------------------
CAROLYN BROOKS, on behalf of herself and all others similarly
situated, the Plaintiff, v. PROJECT NEW HOPE, a California
nonprofit company, and DOES 1 through 50, inclusive, the
Defendant, Case No. BC649970 (Cal. Super. Ct., Feb. 10, 2017),
seeks to recover all wages owed, attorney's fees, and costs, under
Labor Code.
The Plaintiff and Plaintiff Class were employed to take care of
chronically ill residents at Defendant's residential care
facilities in California. The Defendant had a policy and practice
of preventing its employees from taking off-duty meal periods, by
requiring them to sign on-duty meal period agreements --
agreements that did not meet the requirements of the applicable
Industrial Welfare Commission (IWC) Wage Order. The Defendant, by
failing to adequately staff its facilities, also unlawfully
withheld rest periods from Plaintiff and Plaintiff Class.
Defendant also required Plaintiff and Plaintiff Class to travel
from meetings to its facilities for work, yet failed to compensate
Plaintiff and Plaintiff Class for the time spent traveling between
employer mandated meetings and work at Defendant's facilities.
Project New Hope is a not-for-profit, non-political, educational
and humanitarian organization.
The Plaintiff is represented by:
Kevin Mahoney, Esq.
Dionisios Aliazis, Esq.
MAHONEY LAW GROUP, APC
249 East Ocean Boulevard, Suite 814
Long Beach, CA 90802
Telephone: (562) 590 5550
Facsimile: (562) 590 8400
E-mail: kmahonev@mahoney-law.net
daliazis@mahonev-law.net
PUBLIX SUPER: "Chmielewski" Suit Consolidated in MDL 2705
---------------------------------------------------------
The case captioned MICHAEL CHMIELEWSKI, individually and as the
representative of a class of similarly-situated persons,
Plaintiff, v. PUBLIX SUPER MARKETS, INC., Defendant, Case: 1:17-
cv-00949 (September 22, 2016) was transferred from the U.S.
District Court for the Middle District of Florida to the U.S.
District Court for the Northern District of Illinois pursuant to
Multidistrict Litigation Panel Transfer Order re: MDL case number
2705 (AG).
The suit seeks remedies, including actual and punitive damages and
injunctive relief, arising from Publix's advertising and sales of
a grated cheese product labeled "100% Real Grated Parmesan Cheese"
that in fact contains ingredients other than cheese.
The Chmielewski suit is being consolidated with MDL 2705 in re:
100% Grated Parmesan Cheese Marketing and Sales Practices
Litigation. The MDL was created by Order of the United States
Judicial Panel on Multidistrict Litigation on May 2, 2016. The
MDL involves involves allegations that the labeling and marketing
of certain parmesan cheese products as "100%" grated parmesan
cheese is false and misleading because the products allegedly
contain filler -- mainly, a food additive known as cellulose.
Presiding Judge in the MDL is Hon. Gary Feinerman. The lead case
is Case No. 1:16-cv-05802.
PUBLIX SUPER MARKETS, INC. develops, manufactures, distributes,
sells and advertises products, including cheese products, in
Florida and throughout the Southeastern United States.
The Plaintiff is represented by:
Phillip Bock, Esq.
BOCK, HATCH, LEWIS & OPPENHEIM, LLC
134 N La Salle Street, Suite 1000
Chicago, IL 60602
Phone: (312) 658-5500
Fax: (312) 658-5555
E-mail: phil@classlawyers.com
The Defendant is represented by:
Ted C. Craig, Esq.
GRAYROBINSON, PA
Suite 3200
333 SE 2nd Ave
Miami, FL 33131
Phone: (305) 913-6780
Fax: (305) 416-6887
E-mail: ted.craig@gray-robinson.com
QUALCOMM INC: "Esteban" Suit Alleges Monopoly Over Chipset Market
-----------------------------------------------------------------
Adrian Esteban, on behalf of himself and all others similarly
situated, Plaintiff, vs. Qualcomm Incorporated, a Delaware
Corporation, Defendants, Case No. 5:17-cv-00622 (N.D. Cal.,
February 7, 2017), alleges an anticompetitive conduct by Defendant
in acquiring and maintaining its monopoly over the modem chipset
market and abusing the intellectual property rights underlying
this technology, and charging an excessive and unlawful royalty on
cellular phones or devices incorporating such patents.
Qualcomm Inc. develops, designs, licenses, and markets worldwide
its digital communications products and services.
The Plaintiff is represented by:
David Azar, Esq.
MILBERG LLP
2850 Ocean Park Blvd., Suite 300
Santa Monica, CA 90405
Phone: (213) 617-1200
Fax: (213) 617-1975
- and -
Peggy Wedgworth, Esq.
Andrei V. Rado, Esq.
MILBERG LLP
One Pennsylvania Plaza
New York, NY 10119
Phone: (212) 594-5300
RAKU GOURMET: "Kuripeth" Seeks OT, Minimum Wages Under Labor Code
-----------------------------------------------------------------
BENJAMIN KURIPETH, on behalf of himself and all others similarly
situated, the Plaintiff, v. RAKU GOURMET, INC., a California
corporation, and DOES 1 through 100, inclusive, the Defendant,
Case No. BC650319 (Cal. Super. Ct., Feb. 10, 2017), seeks to
recover overtime and minimum wages, premium wages for missed meal
and rest periods, penalties, and reasonable attorneys' fees and
costs under Labor Code.
According to the complaint, the Defendants have a consistent
policy of failing to pay wages, including overtime wages and
minimum wages, to Plaintiff and other non-exempt employees in the
State of California in violation of California state wage and hour
laws as a result of, including but not limited to, unevenly
rounding time worked and failing to pay overtime to employees who
worked in excess of 40 hours in a week.
Raku Gourmet is a restaurant located in La Cienega Blvd West
Hollywood, California.
The Plaintiff is represented by:
Mehrdad Bokhour, Esq.
BIBIYAN & BOKHOUR, P.C.
287 South Robertson Boulevard, Suite 303
Beverly Hills, CA 90211
Telephone: (310) 597 1441
Facsimile: (310) 300 1705
- and -
Farzin Hatanian, Esq.
HAT AN LAW, INC.
1875 Century Park East, Suite 600
Los Angeles, CA 90067
Telephone: (310) 853 0147
Facsimile: (310) 300 1582
SABINE PASS: JMCB Suit Moved to M.D. of Louisiana
-------------------------------------------------
The class action lawsuit titled JMCB, LLC, On Behalf of Itself and
All Others Similarly Situated, the Plaintiff, v. The Board of
Commerce & Industry, Louisiana Department of Economic Development,
and Sabine Pass Liquefaction, LLC, Case No. 652,077, was removed
from the 19th JDC for the Parish of East Baton Rouge, to the U.S.
District Court for the Middle District of Louisiana (Baton Rouge).
The District Court Clerk assigned Case No. 3:17-cv-00077-SDD-EWD
to the proceeding. The case is assigned to Hon. Judge Shelly D.
Dick.
Sabine Pass Liquefaction, a development stage company, owns,
develops, and operates natural gas liquefaction facilities in
Cameron Parish, Louisiana.
The Plaintiff is represented by:
Patrick Wayne Pendley, Esq.
Stanley P. Baudin, Esq.
PENDLEY, BAUDIN & COFFIN, LLP
P.O. Drawer 71
24110 Eden St.
Plaquemine, LA 70764-0071
Telephone: (225) 687 6396
Facsimile: (225) 687 6398
E-mail: pwpendley@pbclawfirm.com
sbaudin@pbclawfirm.com
- and -
Brian Andrew Eddington, Esq.
8941 Jefferson Highway, Suite 200
Baton Rouge, LA 70809
Telephone: (225) 924 4066
Facsimile: 927 4708
E-mail: belaw@bellsouth.net
- and -
Christopher D. Shows, Esq.
PIERCE & SHOWS
601 St. Joseph Street
Baton Rouge, LA 70802
Telephone: (225) 388 9574
Facsimile: (225) 388 0081
E-mail: cshows@pierceandshows.com
- and -
Troy D. Morain, Esq.
MORAIN & MURPHY
6717 Perkins Road
Baton Rouge, LA 70808
Telephone: (225) 767 7151
Facsimile: (225) 767 8995
E-mail: troy@mandmlawfirm.com
The Defendants are represented by:
Jesse R. Adams, III, Esq.
Thomas A. Casey, Jr., Esq.
William M. Backstrom, Jr., Esq.
Brett S Venn, Esq.
Jones Walker LLP
201 St. Charles Ave., Suite 5100
New Orleans, LA 70170
Telephone: (504) 582 8364
Facsimile: (504) 589 8364
E-mail: jadams@joneswalker.com
tcaseyjr@joneswalker.com
bbackstrom@joneswalker.com
bvenn@joneswalker.com
SAMSUNG ELECTRONICS: "Sewell" Sues Over Washing Machine Defect
--------------------------------------------------------------
Susan Sewell, on behalf of herself and all others similarly
situated Plaintiff, v. Samsung Electronics America, Inc., Samsung
Electronics Co., Ltd, The Home Depot, Inc., Lowe's Companies,
Inc., Best Buy Co., Inc., Sears Holding Corporation, Defendants,
Case No. 1:17-cv-10209, (D. Mass., February 7, 2017), seeks all
damages associated with the replacement of defective products and
parts, punitive damages, consistent with the actual harm caused,
attorney's fees, interest including pre judgment and post-judgment
interest and any and all other and further relief resulting from
fraud and violation of various state consumer protection laws.
Plaintiff alleges that Samsung home washing machines' top can
unexpectedly detach from the washing machine chassis during use,
posing a risk of injury from impact.
Samsung Electronics America, Inc. is a New York corporation with
headquarters in Ridgefield Park, New Jersey and is a wholly-owned
subsidiary of Samsung Electronics, Co., Ltd.
Home Depot, Inc. is a Delaware corporation with its headquarters
in Atlanta, Georgia.
Lowes Companies, Inc. is a North Carolina corporation with its
headquarters in Mooresville, North Carolina.
Best Buy Co., Inc. is a Minnesota corporation with its
headquarters in Richfield, Minnesota.
Sears Holding Corp. is a Delaware corporation with its
headquarters in Hoffman Estates, Illinois.
The Defendants are in the business of distributing, marketing,
promoting, and selling appliances including Samsung washing
machines with model number WA50F9A7DSW/A2, the model that the
Plaintiff bought.
Plaintiff is represented by:
Alan L. Kovacs, Esq.
LAW OFFICE OF ALAN L. KOVAKS
257 Dedham St.
Newton, MA 02461
Phone: (617) 964-1177
Fax: (617) 332-1223
Email: alankovacs@yahoo.com
- and -
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Ave.
Oklahoma City, OK 73120
Phone: (405) 235-1560
Fax: (405) 239-2112
Email: wbf@federmanlaw.com
SANDIA CORP: "Kennicott" Lawsuit Alleges Gender Discrimination
--------------------------------------------------------------
LISA A. KENNICOTT, LISA A. GARCIA, and SUE C. PHELPS, on behalf of
themselves and a class of those similarly situated,
Plaintiffs, v. SANDIA CORPORATION d/b/a SANDIA NATIONAL
LABORATORIES, Defendants, Case No. 1:17-cv-00188-WPL-GJF (D.N.
Mex., February 7, 2017), alleges violations of Title VII of the
Civil Rights Act of 1964, the New Mexico Human Rights Act, and the
New Mexico Fair Pay for Women Act, based on Sandia National
Laboratories' continuing policy, pattern, and practice of gender
discrimination against female employees, with respect to
performance evaluations, pay, promotions, and other terms and
conditions of employment.
Sandia National Laboratories is a federally-funded research and
development contractor operating under contract for the Department
of Energy and managed by Sandia Corporation.
The Plaintiffs are represented by:
Kelly M. Dermody, Esq.
Lin Y. Chan, Esq.
Anne B. Shaver, Esq.
Michael Levin-Gesundheit, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Phone: (415) 956-1000
Fax: (415) 956-1008
E-Mail: kdermody@lchb.com
E-Mail: lchan@lchb.com
E-Mail: ashaver@lchb.com
E-Mail: mlevin@lchb.com
- and -
Adam T. Klein, Esq.
Elizabeth V. Stork, Esq.
OUTTEN & GOLDEN LLP
685 Third Avenue, 25th Floor
New York, NY 10017
Phone: (212) 245-1000
Fax: (212) 977-4005
E-Mail: atk@outtengolden.com
E-Mail: estork@outtengolden.com
- and -
David Lopez, Esq.
OUTTEN & GOLDEN LLP
601 Massachusetts Avenue NW
Second Floor West Suite
Washington, DC 20001
Phone: (202) 847-4400
Fax: (202) 847-4410
E-Mail: pdl@outtengolden.com
SAVTN MASS: Sued in Super. Ct. Over Wage & Hour Law Violations
--------------------------------------------------------------
MATTHEW SETTLOW, individually and on behalf of all others
similarly situated, the Plaintiff, v. SAVTN MASS WINGS No. 1, LLC
and DAVID SAVIN, the Defendants, Case No. 17-0429 (Mass. Super.
Ct., Feb. 10, 2017), seeks relief for the Defendants' violations
of state wage and hour laws.
The crux of the complaint is that the Defendants charge customers
delivery charges that they fail to remit to their delivery drivers
and fail to reimburse their delivery drivers for their
transportation expenses in violation of Massachusetts wage and
hour laws.
The Defendants operate fast-food restaurants that employ delivery
drivers.
The Plaintiff is represented by:
Nicholas F. Ortiz, Esq.
Raven Moeslinger, Esq.
Law Office of Nicholas F. Ortiz, PC
99 High Street, Suite 304
Boston, MA 02110
Telephone: (617) 338 9400
E-mail: rm@mass-legal.com
SESCO CEMENT: Jeresano, et al. Seek to Recoup OT Pay Under FLSA
---------------------------------------------------------------
OSCAR JERESANO, ELIAS DE ALBA ALFREDO CORTES CARMONA, GREGORIO
GOMEZ, DANIEL BAZALDUA, CURLY EDISON, JOSHUA GREEN, KENNETH RAY
JOHNSON, ANTHONY LARKIN, DARWIN VENTURA, DANIEL OSCAR LOPEZ
MICHAELPRINCE and ALBERTO MORALES, Individually and On Behalf of
All Similarly Situated Persons, Plaintiffs, V. SESCO CEMENT,
CORP., Defendant, Case No. 4:17-cv-00381 (S.D. Tex., February 7,
2017), seeks to recover unpaid overtime compensation, liquidated
damages, and attorney's fees under the Fair Labor Standards Act.
SESCO CEMENT, CORP. -- http://www.sescocement.com/-- sells
cement. Plaintiff Oscar Jeresano worked for Defendant as a
General Warehouse Manager.
The Plaintiffs are represented by:
Josef F. Buenker, Esq.
THE BUENKER LAW FIRM
2030 North Loop West, Suite 120
Houston, TX 77018
Phone: 713-868-3388
Fax: 713-683-9940
E-mail: jbuenker@buenkerlaw.com
- and -
Vijay Pattisapu, Esq.
THE BUENKER LAW FIRM
2030 North Loop West, Suite 120
Houston, TX 77018
Phone: 713-868-3388
Fax: 713-683-9940
E-mail: vijay@buenkerlaw.com
SHRINERS HOSPITALS: "Fisher" Labor Suit Removed to M.D. Fla.
------------------------------------------------------------
Martha Fisher, individually and on behalf of others similarly
situated, Plaintiffs, v. Shriners Hospitals For Children, Inc.,
Defendant, Case No. 17-CA-000281, (Fla. Cir., January 11, 2017),
was removed to the U.S. District Court of Middle Florida on
February 6, 2017.
Shriners Hospitals for Children is a network of 22 non-profit
medical facilities across North America specializing in children
with orthopaedic conditions, burns, spinal cord injuries, and
cleft lip and palate. Plaintiff worked for the Defendants as a
customer support specialist.
Plaintiff is represented by:
Wolfgang M. Florin, Esq.
Lindsey C. Kofoed, Esq.
Christopher D. Gray, Esq.
FLORIN ROEBIG, PA
777 Alderman Road
Palm Harbor, FL 34683
Tel: (727) 786-5000
Fax: (727) 772-9833
Email: LABOR_efi1ing@florinroebig.com
lck@florinrocbig.com
cdg@florinrocbig.com
Defendant is represented by:
Tracey K. Jaensch, Esq.
FORD & HARRISON, LLP
101 E. Kennedy Boulevard, Suite 900
Tampa, FL 33602
Tel: 813-261-7815
Email: tjaensch@fordharrison.com
SIMOS INSOURCING: "Pickett" Demands Damages for FCRA Breach
-----------------------------------------------------------
Walter Pickett, individually, and on behalf of others similarly
situated, Plaintiff, v. Simos Insourcing Solutions, Corp., a
Georgia corporation, Defendant, Case No. 1:17-cv-01013, (N.D.
Ill., February 7, 2017), seeks all actual and/or statutory
damages, including punitive damages, reasonable attorneys' fees,
pre-judgment and post-judgment interest, reasonable service award
to Plaintiff in recognition of the services he has rendered and
will continue to render to Class Members, and such other and
further legal and equitable relief under the Fair Credit Reporting
Act (FCRA).
SIMOS is a labor management firm headquartered in Atlanta,
Georgia, and has locations across the United States, including
Illinois.
The complaint says SIMOS terminated Pickett because of his
background check. He never received a copy of his consumer report
or a statement of his rights under the FCRA.
Plaintiff is represented by:
Ossai Miazad, Esq.
Christopher M. McNerney, Esq.
OUTTEN & GOLDEN LLP
685 Third Avenue, 25th Floor
New York, NY 10017
Telephone: (212) 245-1000
Facsimile: (646) 509-2060
- and -
Paul W. Mollica, Esq.
161 North Clark Street, Suite 1600
Chicago, IL 60601
Telephone: (312) 809-7010
Facsimile: (312) 809-7911
SULLIVAN'S OF ILLINOIS: "Munoz" Suit Seeks Min. Wages Under FLSA
----------------------------------------------------------------
Alex Munoz, Gabriel Munoz, and Juan G. Munoz individually and on
behalf of other similarly situated employees, the Plaintiffs, v.
Sullivan's of Illinois, Inc. dba Sullivan's Steakhouse, the
Defendant Case No. 1:17-cv-01089 (N.D. Ill., Feb. 10, 2017), seeks
to recover unpaid minimum wages, tips improperly retained by
management, and statutory damages pursuant to the Fair Labor
Standards Act (FLSA), the Illinois Minimum Wage Law (IMWL), and
the Illinois Wage Payment and Collection Act (IWPCA.
The lawsuit arises from Defendant's violations of the minimum wage
and tip-credit provisions of the FLSA. The Defendant treats many
employees as "tipped employees" under the tip-credit provisions of
the FLSA and IMWL and pays tipped employees a sub-minimum hourly
wage. The FLSA and IMWL permit employers of tipped employees to
pay wages less than the minimum wage rate by taking a tip credit
against tipped employee wages if employers strictly comply with
the requirements of FLSA and IMWL tip-credit provisions.
The Defendant operates a steakhouse restaurant commonly known as
"Sullivan's Steakhouse" at 415 N. Dearborn Street in Chicago,
Illinois.
The Plaintiff is represented by:
Valentin T. Narvaez, Esq.
CONSUMER LAW GROUP, LLC
6232 N. Pulaski, Suite 200
Chicago, IL 60646
Telephone: (312) 878 1302
E-mail: vnarvaez@yourclg.com
SUMMIT TOOL: Sued in Ill. Cir. Ct. Over Tire Irons Advertisement
----------------------------------------------------------------
ALEJANDRO REYES, individually, and on behalf of all others
similarly situated, the Plaintiff, v. SUMMIT TOOL COMPANY, and
KEN-TOOL COMPANY, the Defendants, Case No. 2017CH02025 (Ill. Cir.
Ct., Feb. 9, 2017), seeks to recover restitution and other
equitable, injunctive, declaratory, and monetary relief.
The Plaintiff brings the suit on behalf of himself and a Class of
similarly situated individuals to stop Defendants from
misrepresenting that their tire irons are longer than advertised.
By providing a shorter tire iron than advertised, Defendants
deprive consumers of torque that grows in strength in direct
proportion to the length of the tire iron. The Plaintiff and the
Class paid for more steel than they received.
The Defendants manufacture, market, distribute, and sell tire
irons.
The Plaintiff is represented by:
Thomas A. Zimmerman, Jr., Esq.
Amelia S. Newton, Esq.
Sharon A. Harris, Esq.
Matthew C. De Re, Esq.
Nickolas J. Hagman, Esq.
Maebetty Kirby, Esq.
ZIMMERMAN LAW OFFICES, P.C.
77 W. Washington Street, Suite 1220
Chicago, Illinois 60602
Telephone: (312) 440 0020
Facsimile: (312) 440 4180
E-mail: tgm@attorneyzim.com
amy@attorneyzim.com
sharon@attorneyzim.com
matt@attorneyzim.com
nick@attorneyzim.com
maebetty@attomeyzim.com
SUNRUN INSTALLATION: Faces "Ashlock" Suit in Calif. Super. Ct.
--------------------------------------------------------------
A class action lawsuit has been filed against Sunrun Installation
Services Inc. The case is captioned as ASHLOCK, RUSSELL ON BEHALF
OF HIMSELF, AND ALL OTHERS SIMILARLY SITUATED, the Plaintiff, v.
SUNRUN INSTALLATION SERVICES INC.; SUNRUN INC.; DOES 1 THROUGH 10,
INCLUSIVE, the Defendants, Case No. CGC 17 557027 (Cal. Super.
Ct., Feb. 9, 2017).
Sunrun offers solar equipment and solutions. The Company designs,
installs, and analyzes solar systems, as well as renders
maintenance services to small and medium business, federal
government, agriculture and cold storage, and retail and
distribution sectors.
TAX DEFENSE: Faces "Ramos" Suit in S.D. of Calif.
-------------------------------------------------
A class action lawsuit has been filed against Tax Defense
Partners. The case is captioned as Ron Ramos, individually and on
behalf of all others similarly situated, the Plaintiff, v. Tax
Defense Partners, a California limited liability company, and Does
1 through 10, inclusive, and each of them, the Defendants, Case
No. 3:17-cv-00275-JLS-BGS (S.D. Cal., Feb. 10, 2017). The case is
assigned to Hon. Judge Janis L. Sammartino.
Tax Defense Partners is a tax debt relief and resolution company
serving individual taxpayers, corporations, associations, and
small businesses.
The Plaintiff is represented by:
Todd M. Friedman, Esq.
LAW OFFICES OF
TODD M. FRIEDMAN, P.C.
21550 Oxnard Street, Suite 780
Woodland Hills, CA 91367
Telephone: (877) 206 4741
Facsimile: (866) 633 0228
E-mail: tfriedman@AttorneysForConsumers.com
TERMINIX-INTERNATIONAL INC: Sued in Calif. Over Marketing Calls
---------------------------------------------------------------
EVELYN MAMARIL, as individual and on behalf of all others
similarly situated, the Plaintiff, v. TERMINIX-INTERNATIONAL INC,
a Delaware corporation; THE TERMINIX-INTERNATIONAL COMPANY LIMITED
PARTNERSHIP, a Delaware limited partnership; and DOES 1 through
50, the Defendants, Case No. 17CIV00615 (Cal. Super. Ct., Feb. 10,
2017), seeks statutory treble damages, injunctive relief, pre-
judgment and post-judgment interest, attorneys' fees and costs of
suit.
The Plaintiff alleges that Defendants violated the Telephone
Consumer Protection Act (TCPA), through their unauthorized
telephonic contact of consumers. Specifically, Defendants have
violated the TCPA by placing marketing calls to consumers'
telephones without prior express written consent, invading the
consumers' right to privacy.
The Plaintiff is represented by:
Lionel Z. Clancy, Esq.
Marc L. Godino, Esq.
Mark S. Greenstone, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Facsimile; (310) 201 9160
E-mail: info@g1ancylaw.com
- and -
Michael J. Jaurigue, Esq.
David Zelenski, Esq.
Ryan A. Stubbe, Esq.
Abigail A. Zelenski, Esq.
Sehreen Ladak, Esq.
JAURIGUE LAW GROUP
114 North Brand Boulevard, Suite 200
Glendale, CA 91203
Telephone: (818) 630 7280
Facsimile: (888) 879 1697
E-mail: michael@jlg1awyers.com
abigail@jlglawyers.com
david@jlglawyers.com
ryan@jlglawyers.com
sehreen@jlglawyers.com
TOTAL STAFFING: "Maldonado" Suit Seeks Accrued Vacation Pay
-----------------------------------------------------------
Edgar Maldonado, on behalf of himself and similarly situated
employees Plaintiff v. Total Staffing Solutions, Inc., Defendant,
Case No. 2017-CH-01786, (Ill. Cir., February 6, 2017) seeks
accrued vacation pay as part of their final compensation under the
Illinois Wage Payment and Collection Act.
Plaintiff has been employed by Defendant as a "day" or "temporary"
laborer at Multitech Industries, located in Carol Stream,
Illinois. Total Staffing is a corporation organized under the laws
of the State of Illinois conducting staffing business to multiple
client companies within Cook County, Illinois.
Defendant is represented by:
Alvar Ayala, Esq.
Christopher J. Williams, Esq.
WORKERS' LAW OFFICE PC
53 W. Jackson blvd., Suite 701
Chicago, IL 60605
Tel: (312) 795-9121
TRI-STAR DYEING: Unpaid Overtime Wages Sought in "Perez" Suit
-------------------------------------------------------------
Ernesto Perez, individually and on behalf of other members of the
general public similarly situated, Plaintiff, v. TRI-Star Dyeing &
Finishing, Inc., a California corporation and Does 1 through 50,
inclusive, Case No. BC649292, (Cal. Super, February 6, 2017),
seeks all wages due under the California Labor Code, including
both regular and overtime wages, compensation for missed meal and
rest periods under the applicable Industrial Welfare Commission
Wage Orders, final pay upon termination or resignation as well as
damages, declaratory and injunctive relief for the Defendant's
failure to provide accurate itemized wage statements, and
restitution relief under the California Business and Professions
Code for unfair business practices.
Defendant is a garment manufacturing company where Plaintiffs
worked at their facilities located in Santa Fe Springs,
California.
Plaintiff is represented by:
Shunt Tatavos-Gharajeh, Esq.
Daniel J. Park, Esq.
Joy M. Llaguno, Esq.
JUSTICE LAW CORPORATION
411 North Central Avenue, Suite 500
Glendale, CA 91203
Telephone: (818) 230-7502
Facsimile: (818) 230-7259
UNITED STATES: Faces Suit for Banning of Muslims' Re-entry
----------------------------------------------------------
Jane Doe and John Doe, individually, and on behalf of all others
similarly situated; and the Episcopal Diocese of Olympia,
Plaintiffs, v. Donald Trump, President of The United States; U.S.
Department of State; Rex Tillerson, Secretary of State; U.S.
Department of Homeland Security; John Kelly, Secretary of Homeland
Security; U.S. Customs and Border Protection; Kevin McAleenan,
Acting Commissioner of U.S. Customs and Border Protection; and
Michele James, Field Director of the Seattle Field Office of U.S.
Customs and Border Protection, Defendants, Case No. 2:17-cv-00178
(W.D. Wash., February 7, 2017), was filed to challenge the
provisions and implementation of the Executive Order completely
prohibiting for at least 90 days the entry or re-entry of all
persons who are nationals of seven predominantly Muslim countries
-- Iran, Iraq, Libya, Somalia, Sudan, Syria -- regardless of
whether such persons hold valid visas and regardless of whether
their visas are immigration or non-immigration related. The suit
says the Order violate the First Amendment, the Fifth Amendment,
the Religious Freedom Restoration Act, and the Administrative
Procedure Act.
Plaintiff, the Episcopal Diocese of Olympia is a religious
organization incorporated in the State of Washington to do
charitable works, including to support the resettlement of
refugees in Washington.
The Plaintiffs are represented by:
Emily Chiang, Esq.
AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION
901 Fifth Avenue, Suite 630
Seattle, WA 98164
Phone: (206) 624-2184
E-mail: echiang@aclu-wa.org
- and -
Lynn Lincoln Sarko, Esq.
Tana Lin, Esq.
Amy Williams-Derry, Esq.
Derek W. Loeser, Esq.
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101
Phone: (206) 623-1900
Fax: (206) 623-3384
Email: lsarko@kellerrohrback.com
dloeser@kellerrohrbak.com
tlin@kellerrohrback.com
awilliams-derry@kellerrohrback.com
- and -
Laurie B. Ashton, Esq.
KELLER ROHRBACK L.L.P.
3101 North Central Avenue, Suite 1400
Phoenix, AZ 85012-2600
Phone: (602) 248-0088
Fax: (602) 248-2822
Email: lashton@kellerrohrback.com
- and -
Alison Chase, Esq.
KELLER ROHRBACK L.L.P.
3101 North Central Avenue, Suite 1400
Phoenix, AZ 85012-2600
Phone: (602) 248-0088
Fax: (602) 248-2822
Email: lashton@kellerrohrback.com
achase@kellerrohrback.com
WEBB SCHOOLS: Overtime, Missed Breaks, Last Pay Sought by "Cruz"
----------------------------------------------------------------
RONALD CRUZ, individually and on behalf of all aggrieved
employees, Plaintiff, v. The Webb Schools, non-profit corporation
and Does 1 through 50, inclusive, Defendants, Case No. BC649426,
(Cal. Super., February 6, 2017), seeks all wages due including
both regular and overtime wages, compensation for missed meal and
rest periods, final pay upon termination or resignation as well as
damages, declaratory and injunctive relief resulting from
Defendants' failure to provide accurate itemized wage statements,
and restitution relief under the California Business and
Professions Code for unfair business practices.
Cruz was employed as a security guard for the Webb Schools, an
educational institution with principal place of business in the
County of Los Angeles at 1175 West Baseline Road, Claremont, CA
91711.
Plaintiff is represented by:
Kevin Mahoney, Esq.
Treana Allen, Esq.
MAHONEY LAW GROUP, APC
249 E. Ocean Blvd., Ste. 814
Long Beach, CA 90802
Telephone: (562) 590-5550
Facsimile: (562) 590-8400
Email: kmahonev@mahoney-law.net
tallen@mahoney-law.net
YAHOO! INC: "Ridolfo" Hits Data Breach, Claims Damages
------------------------------------------------------
Matthew Ridolfo and Deana Ridolfo, individually, and on behalf of
a class of similarly situated individuals, Plaintiffs, v. Yahoo!
Inc., a Delaware corporation, Defendant, Case No. 3:17-cv-00619,
(N.D. Cal., February 7, 2017), seeks compensatory, exemplary and
statutory damages, including interest, disgorgement of the ill-
gotten revenues it collected from its conduct, attorneys' fees and
costs, prejudgment and post-judgment damages resulting from
negligence, breach of express and implied contract, and violation
of the Unfair Competition Law and California Business &
Professions Code.
Yahoo! Inc. is a corporation organized and in existence under the
laws of the State of Delaware and registered to do business in the
State of California with Corporate Headquarters are located at 701
First Avenue, Sunnyvale, California, 94089. Yahoo provides
internet-based services and products to consumers and businesses.
In the course of its business, Yahoo has collected and maintained
an extensive amount of its users' personal information including,
without limitation, the users' names, email addresses, telephone
numbers, birth dates, passwords, security questions and security
answers required to create a Yahoo account.
Yahoo has recently revealed that its users' personal information
has been subject to two of the largest data security breaches ever
disclosed, affecting over one billion Yahoo user accounts.
Plaintiff is represented by:
Lee A. Cirsch, Esq.
Robert K. Friedl, Esq.
Trisha K. Monesi, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (310)556-4811
Facsimile: (310)943-0396
Email: Lee.Cirsch@capstonelawyers.com
Robert.Friedl@capstonelawyers.com
Trisha.Monesi@capstonelawyers.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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