/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/170309.mbx C L A S S A C T I O N R E P O R T E R Thursday, March 9, 2017, Vol. 19, No. 49 Headlines 1300 OCEAN: "Valencia" Suit Seeks to Recover Unpaid Overtime 10TH STREET: Exotic Dancers Seek to Recoup Pay Under FLSA AA MEAT: "Martinez" Suit Seeks Unpaid Wages Under Cal. Labor Code AARON'S INC: "Aguirre" Suit Moved from N.D. Cal. to S.D. Cal. ABC FINANCIAL: Faces "Morar" Suit in Calif. Super. Ct. ACCESS COMMUNITY: "Cash-Davis" Suit Removed to South Carolina ACTAVIS ELIZABETH: Municipal Employees Fund Sues Over Propranolol ACTAVIS ELIZABETH: NY Sergeants Fund Hits Overpriced Propranolol ADT CORPORATION: Sued Over Fair Credit Reporting Act Violation BANK OF HAWAII: "Robinson" Class Suit Removed to Hawaii Dist. Ct. BOLU INC: Faces "Hernandez" Suit Over Failure to Pay Overtime BRINKERHOFF INSPECTION: "Adams" Action to Recover Overtime Pay BUDD PROPERTIES: "Martin" Alleges Misclassification, Seeks OT CHIPOTLE MEXICAN: Faces "Poot" Suit in Calif. Super. Ct. CONRAD WEISER: Faces "Robertson" Suit Over Failure to Pay OT CONSOLIDATED WORLD: "Hewlett" Suit Transferred to N.D. Ill. CREDIT CONTROL: Illegally Collects Debt, "Kalin" Suit Claims CRUSIN CHUBBIES: Faces "Jones" Suit Over Failure to Pay Overtime CUYAHOGA METROPOLITAN: Sued Over Civil Rights Act Violation DAVID STANLEY: "Bourque" Class Suit Removed to W.D. Oklahoma DOLLAR GENERAL: "Askins" Sues Over Decline in Share Price ECOLOGY AUTO: Faces "Alcala" Suit over Truck Drivers' Pay ELECTROLUX HOME: Faces "Reichardt" Suit Over Defective Ovens EOG RESOURCES: Unpaid Overtime Claimed in "Jensen" Labor Suit EQUIFAX INFORMATION: Sued Over Fair Credit Reporting Act Breach EWC VENTURES: Faces "Fletcher" Suit Over Failure to Pay Overtime FINANCIAL RECOVERY: Sued Over Unlawful Debt Collection Practices FORD MOTOR: "Franco" Suit Transferred to C. D. Calif. FRONTIER HEALTH: "Smith" Suit Seeks Unpaid Back Wages, Damages FTS INTERNATIONAL: "Agnew" Action Seeks to Recover Overtime Pay FXCM INC: "Blinn" Files Suit Over Decline in FXCM Stock Price GALENA BIOPHARMA: "Miller" Sues Over Share Price Drop GENERAL ALUMINUM: Faces "Eddings" Suit Alleging FLSA Violations GENERAL MOTORS: Faces "Lyons" Class Suit in Nev. Dist. Ct. GENWORTH FINANCIAL: "Ratliff" Sues Over Onerous Merger Deal GILMAN HEALTH: Birmingham Bone's Suit Alleges Violations of TCPA GOSPEL FOR ASIA: Sued Over Diversion of Charitable Donations GRAHAM SHOE: Faces "Rodriguez" Suit Over Failure to Pay Overtime GREYSTONE PROPERTY: Sued in N.Y. Over Alleged Breach of Contract GSP TRANSPORTATION: "Campbell" Action to Recover Overtime Pay HD SUPPLY: Faces "Pettit" Suit Over Unvested Stock Options HEAVENLY COUTURE: OT Pay Sought in "Heck" Suit HERTZ CORPORATION: "Arenas" Class Suit Removed to S.D. California HIGHBURY CONCRETE: Faces "Fabre" Suit Alleging FLSA Violations HOMEADVISOR INC: "Nygaard" Suit Seeks OT Compensation Under FLSA HUNT & HENRIQUES: "Smith" Class Suit Removed to S.D. California INVENSENSE INC: "Chicorel" Suit Seeks to Enjoin Sale to TDK JWE ENTERPRISES: "Lopez" Labor Suit Seeks to Recover Overtime Pay JUST BORN: "White" Suit Says Hot Tamales Candy Packs Under-filled KASHMIR ROAD: "Anders" Suit Seeks Unpaid Overtime Wages LEVEL 3 COMM: "Murray" Suit Questions Merger Deal Non-Disclosures LEXINGTON LAW: "Jeffery" Class Suit Removed to S.D. Georgia LIFETIME ENTERTAINMENT: Faces "Leyse" Suit Over Unsolicited Calls LIFETIME ENTERTAINMENT: McCabe Sues Over Unsolicited Calls MANASSEH JORDAN: Faces "Miholich" Suit Over Unsolicited Calls MARCOFAI CORP: Faces "Hernandez" Suit Over Failure to Pay OT MEAD JOHNSON: "Kirkham" Seeks to Enjoin Sale to Reckitt MERCANTILE ADJUSTMENT: Illegally Collects Debt, "Leifer" Says MIDLAND FUNDING: Illegally Collects Debt, "Coyne" Suit Claims NATIONAL AMUSEMENTS: "Smith-Berry" Suit Seeks Unpaid Wages NATIONSTAR MORTGAGE: Faces "Ray" Suit in M. D. Ala. NEXTGEN LEADS: Faces "Hayes" Class Suit in E.D. California NORDSTROM INC: Faces "Keating" Class Suit in Alabama NPL CONSTRUCTION: "Alfaro" Class Suit Removed to C.D. Calif. OLIVER EXTERMINATING: "Aquino" Suit Seeks OT Pay for Fumigators OPTIMUM PERSONAL: "Reyes" Suit Seeks Unpaid OT Wages Under FLSA ORACLE AMERICA: "Johnson" Suit Seeks Unpaid Commissions OVERWATCH ENTERPRISES: "Miranda" Suit Seeks Wages Under FLSA PARAMOUNT EQUITY: Faces "Titus" Wage-and-Hour Suit PERFECTION AUTO: Faces "Garcia" Suit Under FLSA, NY Labor Law PETROPLEX PIPE: "Hobbs" Suit Hits Misclassification as Contractor PHB INC: Unpaid Overtime Sought in "Clemons" Labor Suit PPI INC: "Casabo" Files Suit Over Sub-Minimum Wage Rates PROCTER & GAMBLE: "Laiosa" Files Suit Over Old Spice(R) Deodorant PROFESSIONAL PLACEMENT: "Taylor" Suit Removed to N.D. Georgia QUALCOMM INC: Kiefer Sues Over Price-Fixing of Modem Chipsets QUALCOMM INC: Carney Files Suit for Chipset Market Monopoly RANDOLPH HOTEL: "Mims" Suit Seeks Unpaid Wages, Damages RAYMOURS FURNITURE: Has Made Unsolicited Calls, Action Claims RELIANT SERVICE: Has Made Unsolicited Calls, "Friedman" Suit Says REVENUE ASSISTANCE: "Melillo" Seeks OT Pay for Off-the-Clock Work SANOFI US: Suit Over Overpriced Insulin Terminated SEVENTY SEVEN: Faces "Comeaux" Suit Over Patterson-UTI Merger ST JOHN'S UNIVERSITY: Made Unsolicited Calls, Says Bobo's Suit STAR ISLAND: "Murin" Suit Seeks Unpaid Minimum Wages Under FLSA STARION ENERGY: Faces "Eisenband" Suit in S. D. Fla. STEMLINE THERAPEUTICS: "Soileau" Sues Over Share Price Drop STONER BOATWORKS: Faces "Romero" Wage-and-Hour Class Suit TRANSPORT WORKERS: "Jackson" Suit Alleges Labor Act Violation UBER TECHNOLOGIES: Monopolizes Ride-Hailing Industry, Suit Says UFP RIVERSIDE: Faces "Feao" Wage-and-Hour Class Suit UNITED STATES: Faces "Adams" Class Suit in Federal Court UNIVERSITY GENERAL: "Gant" Seeks to Collect Pay Under WARN Act VERIZON COMMUNICATIONS: Faces "Walraven" Suit Over FCRA Violation VIP PROTECTIVE: Faces "Greer" Class Suit in California WINDOW WORLD: "Bendfeldt" Antitrust Suit Transferred to W.D.N.C. ZESTY INC: Faces "Devries" Class Suit in California ********* 1300 OCEAN: "Valencia" Suit Seeks to Recover Unpaid Overtime ------------------------------------------------------------ Carlos M. Valencia, and other similarly-situated individuals v. 1300 Ocean Drive, LLC d/b/a Sandia Bar & Grill, and Stefano Frittella, Case No. 1:17-cv-20669-FAM (S.D. Fla., February 21, 2017), seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standards Act. The Defendants own and operate Sandia Bar & Grill restaurant in Miami Beach, Florida. The Plaintiff is represented by: Zandro E. Palma, Esq. ZANDRO E. PALMA, P.A. 9100 South Dadeland Boulevard, Suite 1500 Miami, FL 33156 Telephone: (305) 446-1500 Facsimile: (305) 446-1502 E-mail: zep@thepalmalawgroup.com 10TH STREET: Exotic Dancers Seek to Recoup Pay Under FLSA --------------------------------------------------------- JANE DOE, on behalf of herself and all others similarly situated, Plaintiff, vs. 10TH STREET TAVERNS INC., d/b/a/ RED DOG CAFE, RAYMOND MACKEY, and JASON MACKEY, Defendants, Case No. 5:17-cv- 00188-M (W.D. Okla., February 22, 2017), seeks declaratory, injunctive, and monetary relief against the Defendants for their alleged unlawful misclassification of employees as "independent contractors" in violation of state wage laws and the Fair Labor Standards Act. The Plaintiff worked as an exotic dancer at Defendants' nightclub. The Plaintiff is represented by: William B. Federman, Esq. Joshua D. Wells, Esq. FEDERMAN & SHERWOOD 10205 N. Pennsylvania Avenue Oklahoma City, OK 73120 Phone: (405) 235-1560 Fax: (405) 239-2112 E-mail: wbf@federmanlaw.com jdw@federmanlaw.com AA MEAT: "Martinez" Suit Seeks Unpaid Wages Under Cal. Labor Code ----------------------------------------------------------------- CINDY MARTINEZ, an individual, on behalf of herself and others similarly situated, the Plaintiff, v. AA MEAT PRODUCTS, INC., a California Corporation, and DOES 1 through 100, inclusive, the Defendant, Case No. BC650944 (Cal. Super. Ct., Feb. 16, 2017), seeks to recover unpaid overtime compensation, unpaid minimum wages, wages for missed meal and rest periods, reimbursement of unlawful wage penalties, statutory penalties, restitution, declaratory and injunctive relief, attorneys' fees and costs, prejudgment interest, and other relief under California Industrial Welfare Commission (I.W.C.) Wage Order, the California Labor Code, the California Code of Civil Procedure, and the California Business and Professions Code. The Plaintiff worked for Defendant in various capacities without any differentiation in pay, any training or any supervision, from approximately October 2015 until she was formally terminated in July 2016. AA Meat operates a commercial meat packing facility in Los Angeles, California. The Plaintiff is represented by: Peter D. Gordon, Esq. PETER D. GORDON & ASSOCIATES 8052 Melrose Avenue, Second Floor Los Angeles, CA 90046 Telephone: (323) 651 2700 Facsimile: (323) 651 3726 - and - Andrew Schoettle, Esq. PETER D. GORDON & ASSOCIATES 8052 Melrose Avenue, Second Floor Los Angeles, CA 90046 Telephone: (818) 201 2905 AARON'S INC: "Aguirre" Suit Moved from N.D. Cal. to S.D. Cal. ------------------------------------------------------------- The class action lawsuit titled CARLOS AGUIRRE, on behalf of himself, all others similarly situated, the Plaintiff, v. AARON'S, INC. DBA AARON'S SALES & LEASE OWNERSHIP, a Georgia corporation; and DOES 1-50, inclusive, the Defendants, Case No. 3:16-cv-07384, was transferred from the U.S. District Court for the Northern District of California, to the U.S. District Court for the Southern District of California (San Diego). The District Court Clerk assigned Case No. 3:17-cv-00297-L-BLM to the proceeding. The case is assigned to Hon. Judge M. James Lorenz. The Plaintiff brought the class action against defendant Aaron's, Inc. DBA Aaron's Sales & Lease Ownership for alleged violations of the Labor and Business and Professions Codes. The Plaintiff alleges that Defendants have misclassified him and similarly situated employees as exempt, failed to provide them with meal periods, failed to provide them with rest periods, failed to pay premium wages for unprovided meal and/or rest periods, failed to pay overtime wages, subjected vested vacation pay to unlawful forfeiture, failed to provide them with accurate written wage statements, and failed to timely pay them all of their final wages following separation of employment. The Plaintiff seeks to recover unpaid wages, restitution, and related relief on behalf of himself, all others similarly situated, and the general public under the Labor Code. Aaron's is a lease-to-own retailer. The company focuses on leases and retail sales of furniture, electronics, appliances, and computers. The Plaintiff is represented by: Shaun Setareh, Esq. Thomas Segal, Esq. SETAREH LAW GROUP 9454 Wilshire Boulevard, Suite 907 Beverly Hills, CA 90212 Telephone: (310) 888 7771 Facsimile: (310) 888 0109 E-mail: shaun@setarehlaw.com thomas@setarehlaw.com The Defendant is represented by: Christian J Rowley, Esq. Michael W Stevens, Esq. Tatyana Shmygol, Esq. SEYFARTH SHAW LLP 560 Mission Street, 31st Floor San Francisco, CA 94105 Telephone: (415) 397 2823 Facsimile: (415) 397 8549 E-mail: crowley@seyfarth.com mwstevens@seyfarth.com tshmygol@seyfarth.com ABC FINANCIAL: Faces "Morar" Suit in Calif. Super. Ct. ------------------------------------------------------ A class action lawsuit has been commenced against ABC Financial Services, Inc., Accettur a Bros., Inc. d/b/a California Ripped Fitness, National Financial Systems, Inc. d/b/a National Fitness Financial, Systems, and Does 1 through 20, Inclusive. The case is captioned Ana-Maria Morar, on behalf of herself and all others similarly situated v. ABC Financial Services, Inc., Accettur a Bros.,Inc. d/b/a California Ripped Fitness, National Financial Systems, Inc. d/b/a National Fitness Financial, Systems, and Does 1 through 20, Inclusive, Case No. RG17849792 (Cal. Super. Ct., February 17, 2017). ABC Financial Services, Inc. provides health club software and billing services to the fitness industry primarily in the United States. The Plaintiff is represented by: Ross E. Shanberg, Esq. SHANBERG, STAFFORD & BARTZ LLP 19200 Von Karman Avenue, Suite 400 Irvine, CA 92612 Telephone: (949) 622-5222 Facsimile: (949) 622-5448 E-mail: rshanberg@ssbfirm.com ACCESS COMMUNITY: "Cash-Davis" Suit Removed to South Carolina ------------------------------------------------------------- The class action lawsuit styled Clare Cash-Davis, Bernard Ceasar, Carolyn Neal, and Tawanda Taylor-White, individually and on behalf of similarly situated Consenters v. Access Community Rehabilitative Behavorial Health Services, Jembralyn Jones, individually and as a managing agent of Access Community Rehabilitative Behavorial Health Services, Case No. 2016-CP-32- 04193, was removed from the Lexington County Court of Common Pleas to the U.S. District Court for the District of South Carolina. The District Court Clerk assigned Case No. 3:17-cv-00466-JFA to the proceeding. The suit asserts labor-related claims. Access Community Rehabilitative Behavorial Health Services provides direct care services and management of children and adolescent patients. The Plaintiff is represented by: Bryn Colette Sarvis, Esq. SARVIS LAW 3347-B Augusta Highway Gilbert, SC 29054 Telephone: (803) 785-5525 E-mail: bsarvis@sarvislaw.com The Defendant is represented by: Adam J. Mandell, Esq. Kenneth Allen Davis, Esq. BOYKIN DAVIS AND HAWKINS PO Box 11844 Columbia, SC 29211 Telephone: (803) 254-0707 Facsimile: (803) 254-5609 E-mail: amandell@boykinlawsc.com kdavis@boykinlawsc.com - and - Shawn David Eubanks, Esq. BOYKIN DAVIS AND SMILEY LLC 220 Stoneridge Drive, Suite 100 Columbia, SC 29210 Telephone: (803) 254-0707 Facsimile: (803) 254-5609 E-mail: seubanks@boykinlawsc.com ACTAVIS ELIZABETH: Municipal Employees Fund Sues Over Propranolol ----------------------------------------------------------------- American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan, individually and on behalf of all others similarly situated, Plaintiff v. Actavis Elizabeth, LLC, Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Pliva, Inc., Mylan Inc., Mylan Pharmaceuticals Inc., UDL Laboratories, Inc., Par Pharmaceutical, Inc., Qualitest Pharmaceuticals, Inc., Heritage Pharmaceuticals Inc., Breckenridge Pharmaceutical, Inc., and Upsher-Smith Laboratories, Inc., Defendants, Case No. 1:17-cv-01039 (S.D. N.Y., February 10, 2017), seeks restitution and/or damages, actual damages, statutory damages, punitive or treble damages, pre- judgment and post-judgment interest on such monetary relief, equitable relief in the form of restitution and/or disgorgement of all unlawful or illegal profits received, injunction against Defendants, their affiliates, successors, transferees, assignees, and other officers, directors, partners, agents and employees thereof, and all other persons acting or claiming to act on their behalf or in concert with them, from in any manner continuing, maintaining, or renewing the conduct, contract, conspiracy, or combination from further overpricing, costs of suit, including reasonable attorneys' fees resulting from unlawful restraint of trade, unjust enrichment, unfair competition or unfair, unconscionable, deceptive or fraudulent acts or practices and in violation of the Sherman Act and various state antitrust law protection and unfair competition statutes. Defendants control the United States market for generic propranolol, a beta-blocker used to manage cardiac arrhythmias, tremors, angina, hypertension, heart rhythm disorders and other heart or circulatory conditions. Defendants allegedly conspired to fix the prices of propranolol to eliminate competition. American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan is a health and welfare benefit plan covering public sector employees, retirees and their families, covering approximately 125,000 active union members as well as 50,000 retirees and their families. Par is a Delaware corporation with its principal place of business in Chestnut Ridge, New York. It supplies and distributes generic drugs. Teva Pharmaceuticals USA, Inc. is a Delaware corporation with its principal place of business at 1090 Horsham Road, North Wales, Pennsylvania 19454. Teva USA is a wholly owned subsidiary of Teva Pharmaceutical Industries Ltd. Actavis Elizabeth, LLC is a Delaware limited liability company with its principal place of business at 200 Elmora Ave., Elizabeth, NJ 07207. Actavis was acquired by Teva in 2016. Pliva, Inc. is a New Jersey corporation with its principal place of business at 72 Deforest Ave. East Hanover, NJ 07936. Pliva is a subsidiary of Teva Pharmaceutical Industries, Ltd. Mylan, Inc. is a global generics and specialty pharmaceutical company based in the Netherlands. UDL Laboratories, Inc. is an Illinois corporation with its principal place of business at 1718 Northrock Ct, Rockford, Illinois 61103. UDL is a subsidiary of Mylan Inc. Upsher-Smith Laboratories, Inc. is a Minnesota corporation with its principal place of business at 6701 Evenstad Drive, Maple Grove, Minnesota 55369. Defendants market and sell generic propranolol tablets throughout the United States. Plaintiff is represented by: Elizabeth J. Cabraser, Esq. Richard M. Heimann, Esq. Eric B. Fastiff, Esq. Brendan P. Glackin, Esq. Dean M. Harvey, Esq. David T. Rudolph, Esq. Bruce W. Leppla, Esq. Michelle A. Lamy, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 Email: ecabraser@lchb.com rheimann@lchb.com efastiff@lchb.com bglackin@lchb.com dharvey@lchb.com drudolph@lchb.com bleppla@lchb.com mlamy@lchb.com - and - Daniel E. Seltz, Esq. Annika K. Martin, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 250 Hudson Street, 8th Floor New York, NY 10013-1413 Telephone: (212) 355-9500 Facsimile: (212) 355-9502 Email: dseltz@lchb.com amartin@lchb.com - and - Dan Drachler, Esq. Robert S. Schachter, Esq. Joseph Lipofsky, Esq. Sona Shah, Esq. ZWERLING SCHACHTER & ZWERLING, LLP 41 Madison Ave. New York, NY 10010 Telephone: (212) 223-3900 Facsimile: (212) 371-5969 Email: ddrachler@zsz.com rschacter@zsz.com jlipofsky@zsz.com sshah@zsz.com - and - Audrey A. Browne, Esq. Seth Kennedy, Esq. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES DISTRICT COUNCIL 37 HEALTH & SECURITY PLAN 125 Barclay Street, Rm. 313 New York, NY 10007 Telephone: (212) 815-1304 Facsimile (212) 815-1900 Email: abrowne@dc37.net skennedy@dc37.net ACTAVIS ELIZABETH: NY Sergeants Fund Hits Overpriced Propranolol ---------------------------------------------------------------- Sergeants Benevolent Association Health and Welfare Fund v. Actavis Elizabeth, LLC, Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Pliva, Inc., Mylan Inc., Mylan Pharmaceuticals Inc., UDL Laboratories, Inc., Par Pharmaceutical, Inc., Qualitest Pharmaceuticals, Inc., Heritage Pharmaceuticals Inc., Breckenridge Pharmaceutical, Inc., and Upsher-Smith Laboratories, Inc., Defendants, Case No. 1:17-cv-00980 (S.D. N.Y., February 10, 2017), seeks restitution and/or damages, actual damages, statutory damages, punitive or treble damages, pre- judgment and post-judgment interest on such monetary relief, equitable relief in the form of restitution and/or disgorgement of all unlawful or illegal profits received, injunction against Defendants, their affiliates, successors, transferees, assignees, and other officers, directors, partners, agents and employees thereof, and all other persons acting or claiming to act on their behalf or in concert with them, from in any manner continuing, maintaining, or renewing the conduct, contract, conspiracy, or combination from further overpricing, costs of suit, including reasonable attorneys' fees resulting from unlawful restraint of trade, unjust enrichment, unfair competition or unfair, unconscionable, deceptive or fraudulent acts or practices and in violation of the Sherman Act and various state antitrust laws protection and unfair competition statutes. Defendants control the United States market for generic propranolol, a beta-blocker used to manage cardiac arrhythmias, tremors, angina, hypertension, heart rhythm disorders and other heart or circulatory conditions. Defendants allegedly conspired to fix the prices of propranolol to eliminate competition. Sergeants Benevolent Association Health & Welfare Fund (SBA Fund) is located in New York and was established for the purpose of providing benefits to approximately 4,700 active and 7,600 retired New York City Police Department Sergeants and their dependents. Par is a Delaware corporation with its principal place of business in Chestnut Ridge, New York. It supplies and distributes generic drugs. Teva Pharmaceuticals USA, Inc. is a Delaware corporation with its principal place of business at 1090 Horsham Road, North Wales, Pennsylvania 19454. Teva USA is a wholly owned subsidiary of Teva Pharmaceutical Industries Ltd. Actavis Elizabeth, LLC is a Delaware limited liability company with its principal place of business at 200 Elmora Ave., Elizabeth, NJ 07207. Actavis was acquired by Teva in 2016. Pliva, Inc. is a New Jersey corporation with its principal place of business at 72 Deforest Ave. East Hanover, NJ 07936. Pliva is a subsidiary of Teva Pharmaceutical Industries, Ltd. Mylan, Inc. is a global generics and specialty pharmaceutical company based in the Netherlands. UDL Laboratories, Inc. is an Illinois corporation with its principal place of business at 1718 Northrock Ct, Rockford, Illinois 61103. UDL is a subsidiary of Mylan Inc. Upsher-Smith Laboratories, Inc. is a Minnesota corporation with its principal place of business at 6701 Evenstad Drive, Maple Grove, Minnesota 55369. Defendants market and sell generic propranolol hydrochloride tablets throughout the United States. Plaintiff is represented by: Peter Safirstein, Esq. SAFIRSTEIN METCALF LLP 1250 Broadway, 27th Floor New York, NY 10001 Telephone: (212) 201-2845 Email: psafirstein@safirsteinmetcalf.com - and Daniel C. Girard, Esq. Dena C. Sharp, Esq. Scott M. Grzenczyk, Esq. Adam E. Polk, esq. GIRARD GIBBS LLP 711 Third Ave, 20th Floor New York, NY 10017 Telephone: (212)798-0136 Facsimile: (212)557-2952 Email: dcg@girardgibbs.com je@girardgibbs.com smg@girardgibbs.com aep@girardgibbs.com - and - GIRARD GIBBS LLP 601 California Street, Suite 1400 San Francisco, CA 94108 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 ADT CORPORATION: Sued Over Fair Credit Reporting Act Violation -------------------------------------------------------------- Robert Wojciechowski, individually, and on behalf of all others similarly situated v. The ADT Corporation d/b/a ADT LCC, and ADT Security Services, Case No. 2:17-cv-00804-WB (E.D. Penn., February 21, 2017), is brought against the Defendants for violation of the Fair Credit Reporting Act. The Defendants are in the business of providing residential and small business electronic security, fire protection and other related alarm monitoring services. The Plaintiff is represented by: Richard H. Kim, Esq. THE KIM LAW FIRM LLC 1500 Market Street Centre Square West, Suite W-3110 Philadelphia, PA 19102 Telephone: (855) 996-6342 E-mail: rkim@thekimlawfirmllc.com BANK OF HAWAII: "Robinson" Class Suit Removed to Hawaii Dist. Ct. ----------------------------------------------------------------- The class action lawsuit styled Landon Robinson, individually and on behalf of all others similarly situated v. Bank of Hawaii d/b/a Bankoh, Case No. 17-00001-17-00001 GWBC, was removed from the First Circuit Court, State of Hawaii to the U.S. District Court for the District of Hawaii. The District Court Clerk assigned Case No. 1:17-cv-00072-KSC-NONE to the proceeding. Bank of Hawaii is a regional commercial bank headquartered in Honolulu, Hawaii. The Plaintiff is represented by: Brandee J. Faria, Esq. John F. Perkin, Esq. PERKIN & FARIA 841 Bishop Street, Suite 1000 Honolulu, HI 96813 Telephone: 523-2300 Facsimile: 697-5304 E-mail: bjkfaria@perkinlaw.com perkin@perkinlaw.com The Defendant is represented by: Kristin L. Holland, Esq. Nickolas A. Kacprowski, Esq. Paul Alston, Esq. ALSTON HUNT FLOYD & ING 1001 Bishop Street, Suite 1800 Honolulu, HI 96813 Telephone: (808) 524-1800 Facsimile: (808) 524-4591 E-mail: KHolland@ahfi.com nkacprowski@ahfi.com palston@ahfi.com BOLU INC: Faces "Hernandez" Suit Over Failure to Pay Overtime ------------------------------------------------------------- Daniel Sanchez Hernandez, individually and on behalf of others similarly situated v. Bolu Inc. d/b/a Turkish Kitchen and Kemal Ilgar Peker, Case No. 1:17-cv-01202, is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants own and operate a restaurant located at 386 3rd Ave, New York, NY 10016. Daniel Sanchez Hernandez is a pro se plaintiff. BRINKERHOFF INSPECTION: "Adams" Action to Recover Overtime Pay -------------------------------------------------------------- Jorrie Adams, individually and on behalf of all others similarly situated Plaintiff, v. Brinkerhoff Inspection, Inc. d/b/a SMOB Defendant, Case No. 5:17-cv-00103 (W.D. Tex., February 13, 2017) seeks unpaid overtime wages, declaratory relief, back pay and liquidated damages, attorney's fees and taxable costs of court pursuant to the Fair Labor Standards Act and New Mexico Minimum Wage Act. Defendant specializes in coil tubing completion where Plaintiff worked as a pipe inspector. Plaintiff is represented by: Trang Q. Tran, Esq. TRAN LAW FIRM 2537 South Gessner Road, Suite 104 Houston, TX 77063 Tel: (713) 223-8855 Fax: (713) 623-6399 Email: ttran@tranlawllp.com BUDD PROPERTIES: "Martin" Alleges Misclassification, Seeks OT ------------------------------------------------------------- Edward John Martin, Jr., Nicky Tampas, Samuel Keith Walker, David Tart IV, Erick Paulk, Mathew P. Martin, Angela Shuman, individually and on behalf of themselves, and all others similarly situated, Plaintiffs, v. Budd Properties, Inc., Budd Commercial Real Estate, LLC, Roger M. Budd, Jr. and Julie Budd, Defendants, Case No. 7:17-cv-00027, (M.D. Ga., February 13, 2017), seeks all unpaid wages, overtime pay, appropriate incentive award, back pay, front pay and all other amounts owed, declaratory and injunctive relief, liquidated damages, prejudgment interest, reasonable attorneys' fees and costs and such other legal and/or equitable relief pursuant to the Fair Labor Standards Act. Defendants own and operate an extensive business enterprise owning, leasing and selling residential and commercial real estate. Plaintiffs are maintenance workers who claim to be misclassified as independent contractors and paid the same rate all throughout without overtime premium for those hours rendered in excess of 40 per week. The Plaintiff is represented by: David Fried, Esq. Joe White, Esq. Fried & Bonder, LLC White Provision, Suite 305 1170 Howell Mill Road, NW Atlanta, GA 30318 Phone: (404) 995-8808 Email: dfried@friedbonder.com CHIPOTLE MEXICAN: Faces "Poot" Suit in Calif. Super. Ct. -------------------------------------------------------- A class action lawsuit has been commenced against Chipotle Mexican Grill, Inc. The case is captioned Jonathon Poot, Adriana Guzman, Lira Aldana, and Juan Pablo, on behalf of behalf of themselves and all others similarly situated v. Chipotle Mexican Grill, Inc. and Does 1-25, Inclusive, Case No. CGC 17 557169 (Cal. Super. Ct., February 17, 2017). Chipotle Mexican Grill, Inc. operates a chain of fast casual restaurants throughout the United States, specializing in tacos and burritos. CONRAD WEISER: Faces "Robertson" Suit Over Failure to Pay OT ------------------------------------------------------------ Robin Robertson, on her own behalf and on behalf of others similarly situated v. Conrad Weiser Area School District, Case No. 5:17-cv-00660-JFL (E.D. Penn., February 14, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. Conrad Weiser Area School District operates a public school located in Western Berks County, Pennsylvania. The Plaintiff is represented by: Harold M. Goldner, Esq. KRAUT HARRIS, P.C. 5 Valley Square Suite 120 Blue Bell, PA 19422 Telephone: (215) 542-4900 E-mail: hgoldner@krautharris.com CONSOLIDATED WORLD: "Hewlett" Suit Transferred to N.D. Ill. ----------------------------------------------------------- The case captioned KINAYA HEWLETT, on Behalf of Herself and all Others Similarly Situated, Plaintiff, v. CONSOLIDATED WORLD TRAVEL, INC. d/b/a HOLIDAY CRUISE LINE, Defendant, Case No. 2:16- cv-00713-WBS-AC (E.D. Cal., April 5, 2016) was transferred to the U.S. District Court for the Northern District of Illinois from the U.S. District Court for the Eastern District of California on February 6, 2017. The case was assigned Case No. 1:17-cv-00973. The case seeks damages and injunctive relief pursuant to the Telephone Consumer Protection Act. The Plaintiff(s) is represented by: Lawrence Timothy Fisher, Esq. Annick Marie Persinger, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Phone: (925) 300-4455 Fax: (925) 407-2700 E-mail: ltfisher@bursor.com apersinger@bursor.com - and - Yitzchak Kopel, PHV, Esq. BURSOR & FISHER, P.A. 888 Seventh Avenue New York, NY 10019 Phone: (646) 837-7150 Fax: (212) 989-9163 E-mail: ykopel@bursor.com Defendant(s) is represented by: Christine Marie Reilly, Esq. MANATT, PHELPS & PHILLIPS, LLP 11355 West Olympic Boulevard Los Angeles, CA 90064 Phone: (310) 312-4000 E-mail: creilly@manatt.com - and - Jeffrey Aaron Backman, PHV, Esq. GREENSPOON MARDER, P.A. 200 East Broward Blvd., Suite 1500 Fort Lauderdale, FL 33301 Phone: (954) 491-1120 Fax: (954) 213-0140 E-mail: Jeffrey.Backman@gmlaw.com - and - Richard Wayne Epstein, PHV, Esq. GREENSPOON MARDER, P.A. 200 East Broward Blvd., Suite 1800 Fort Lauderdale, FL 33301 Phone: (954) 491-1120 Fax: (954) 343-6958 E-mail: Richard.Epstein@gmlaw.com - and - Roy Taub, PHV, Esq. GREENSPOON MARDER, P.A. 200 East Broward Boulevard, Suite 1800 Fort Lauderdale, FL 33301 Phone: (954) 491-1120 E-mail: roy.taub@gmlaw.com CREDIT CONTROL: Illegally Collects Debt, "Kalin" Suit Claims ------------------------------------------------------------ Peter Kalin, on behalf of himself and all others similarly situated v. Credit Control, LLC, Case No. 2:17-cv-01091-CCC-MF (D.N.J., February 16, 2017), seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Credit Control, LLC operates a debt collection company located at 5757 Phantom Dr. #330, Hazelwood, MO 63042. The Plaintiff is represented by: Lawrence C. Hersh, Esq. 17 Sylvan Street, Suite 102B Rutherford, NJ 07070 Telephone: (201) 507-6300 E-mail: lh@hershlegal.com CRUSIN CHUBBIES: Faces "Jones" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Teriana Jones, on behalf of herself and a class of similarly- situated employees and former employees v. Crusin Chubbies Gentlemen's Club, Edge of the Dells, Inc., Timothy Enterprises, LLC, Kenny's Future, LLC, Living on the Edge Campground & Go- Karts, Inc., PTB, Inc., Timothy D. Roberts, Kenneth C. Roberts, and Thomas Lantz Douglas, Case No. 3:17-cv-00125 (W.D. Wis., February 21, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants own and operate an adult entertainment club located at N576 US-12, Wisconsin Dells, WI 53965. The Plaintiff is represented by: Justin William Peterson, Esq. MOEN SHEEHAN MEYER LTD 201 Main Street, Ste. 700 PO Box 786 La Crosse, WI 54602-0786 Telephone: (608) 784-8310 Facsimile: (608) 782-6611 E-mail: jpeterson@msm-law.com CUYAHOGA METROPOLITAN: Sued Over Civil Rights Act Violation ----------------------------------------------------------- Rose Marie Ray, on behalf of herself and all others similarly situated v. Cuyahoga Metropolitan Housing Authority and John or Jane Doe, Case No. 1:17-cv-00324-CAB (N.D. Ohio., February 16, 2017), is brought against the Defendants for violation of the Civil Rights Act. Cuyahoga Metropolitan Housing Authority is a governmental organization responsible for the ownership and management of low- income housing property in Cuyahoga County, Ohio. The Plaintiff is represented by: Joshua R. Cohen, Esq. Joshua B. Fuchs, Esq. Ellen M. Kramer, Esq. COHEN, ROSENTHAL & KRAMER 400 Hoyt Block Bldg. 700 St. Clair Avenue, W Cleveland, OH 44113 Telephone: (216) 781-7956 Facsimile: (216) 781-8061 E-mail: jcohen@crklaw.com jfuchs@crklaw.com emk@crklaw.com DAVID STANLEY: "Bourque" Class Suit Removed to W.D. Oklahoma ------------------------------------------------------------ The class action lawsuit captioned Tiffiany Bourque and Frederick Karol, on behalf of themselves and a class of similarly situated persons v. David Stanley Dodge LLC, Ally Financial Inc., David A Stanley, David R Stanley, Beth Stanley, Brent Wilson, Shane Downs, Tony Reasoner, and Jennifer Ray, Case No. CJ-16-03393, was removed from the District Court of Oklahoma County to the U.S. District Court for the Western District of Oklahoma. The District Court Clerk assigned Case No. 5:17-cv-00153-R to the proceeding. The Defendants operate a used car dealership company located at 7609 SE 29th St, Midwest City, OK 73110. The Plaintiff is represented by: M. Kathi Rawls, Esq. Minal Gahlot, Esq. RAWLS LAW OFFICE PLC 2404 S Broadway Moore, OK 73160 Telephone: (405) 912-3225 Facsimile: (405) 703-2769 E-mail: mkr@rawlslawoffice.com minal@rawlslawoffice.com The Defendant is represented by: Derrick T. DeWitt, Esq. Melanie Kay Christians, Esq. NELSON TERRY MORTON DEWITT PARUOLO & PARUOLO PO Box 138800 Oklahoma City, OK 73113 Telephone: (405) 705-3600 Facsimile: (405) 705-2573 E-mail: dewitt@ntmdlaw.com mchristians@ntmdlaw.com DOLLAR GENERAL: "Askins" Sues Over Decline in Share Price --------------------------------------------------------- Julia Askins, individually and on behalf of all others similarly situated, Plaintiff, Dollar General Corp., Todd Vasos and John Garratt, Case No. 3:17-cv-00276, (M.D. Tenn., February 13, 2017), seeks damages, pre-judgment and post-judgment interest, as well as reasonable attorneys' fees, expert fees and other costs and such other and further relief for violation of the Securities and Exchange Act. Dollar General is one of the largest discount retailers in the United States, offering a large selection of products, including consumables. Dollar General's Supplemental Nutrition Assistance Program (SNAP) allows low income, senior citizens, disabled and others to receive electronic benefits usable as cash to purchase food. SNAP benefits contained a limitation that only allowed unemployed individuals, who are not disabled or raising minor children, are to receive SNAP benefits if they were unemployed for less than three months out of a thirty-six month period. The company misrepresented the potential impact of the SNAP reduction on Dollar General's operating business and financials which resulted in Dollar General stock price declining to $3.84, or nearly 5%, from a close of $77.32 per share on November 30, 2016, to close at $73.48 per share on December 1, 2016. Plaintiff is represented by: Al Holifield, Esq. HOLIFIELD JANICH RACHAL & ASSOCIATES, PLLC 11907 Kingston Pike, Ste. 201 Knoxville, TN 37934 Tel: (865) 566-0115 Fax: (865) 566-0119 Email: aholifield@holifieldlaw.com - and - Nicholas I. Porritt, Esq. HOLIFIELD JANICH RACHAL & ASSOCIATES, PLLC 1101 30th Street NW, Suite 115 Washington, DC 20007 Tel: (202) 524-4290 Fax: (202) 333-2121 Email: nporritt@zlk.com ECOLOGY AUTO: Faces "Alcala" Suit over Truck Drivers' Pay --------------------------------------------------------- JOSE ALCALA, on behalf of himself and all employees similarly situate the Plaintiff, v. ECOLOGY AUTO PARTS, INC., a California corporation; SOUTH STATE TOWING, INC., a California Corporation; and DOES 1 through 50, inclusive, the Defendant, Case No. BC650894 (Cal. Super. Ct., Feb. 16, 2017), seeks to recover damages under state Labor Code. The Plaintiff and Plaintiff Class were employed as non-exempt truck/trailer drivers in California, hauling matter from pick-up sites to drop-off sites (destination sites). The Defendants paid Plaintiff and Plaintiff Class on a piece-rate basis for trips made to destination sites, but failed to pay Plaintiff and Plaintiff Class for all other hours Plaintiff and Plaintiff Class remained under Defendants' control. The Defendants also had a pattern and practice of preventing their employees from taking off-duty meal and rest periods, by requiring them to be on-duty at all times. Ecology Auto engages in scrap metal and CRV recycling, transportation and logistics, and used auto and truck parts selling operations throughout the United States. The Plaintiff is represented by: Kevin Mahoney, Esq. Dionisios Aliazis, Esq. Keren Serrano, 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@tnahonev-law.net daliazis@mahoney-law.net kserrano@mahoney-law.net ELECTROLUX HOME: Faces "Reichardt" Suit Over Defective Ovens ------------------------------------------------------------ JOHN REICHARDT, CAROL REICHARDT, and LISA MELBY, on behalf of themselves and all others similarly situated, the Plaintiffs, v. ELECTROLUX HOME PRODUCTS, INC., the Defendant, Case No. 2:17-cv- 00219 (E.D. Wisc., Feb. 16, 2017), seek damages and appropriate equitable relief, including an order enjoining Electrolux from selling electrical and gas oven ranges without disclosing the defect to consumers. The Plaintiffs represent a proposed class of thousands of consumers who owned and used residential electrical and gas oven ranges designed and manufactured by Defendant Electrolux Home Products, Inc. and sold under the Electrolux, Frigidaire, and Kenmore brand names. These ranges are dangerous due to electrical system defects that can affect all of the ovens' features and poses serious fire hazards. Specifically, the ranges are fitted with defective control boards, including, but not limited to, defective wiring. The seriousness of the health and safety hazards these defects pose is exemplified by Plaintiffs' experiences where, in both cases, fires resulting from the defects could have been catastrophic: their houses could have burned down and they could have been injured or killed. Other consumers' experiences are equally alarming and illustrate the degree to which the ranges pose an unreasonable safety hazard. According to the complaint, Electrolux has known of these dangerous defects for years; however, to date, it has failed to recall the defective product or to inform or the public that its ranges are defective and pose a serious safety risk. The number of reports of consumers' failed Electrolux oven control panels and fires just from the U.S. Consumer Products and Safety Commission and the Consumer Affairs websites is extensive. The Plaintiffs are represented by: Charles J. Crueger, Esq. Erin K. Dickinson, Esq. CRUEGER DICKINSON LLC 4532 North Oakland Avenue Milwaukee, WI 53211 Telephone: (414) 210 3868 E-mail: cjc@cruegerdickinson.com ekd@cruegerdickinson.com - and - Paul J. Hanly, Jr., Esq. Mitchell M. Breit, Esq. SIMMONS HANLY CONROY LLC 112 Madison Avenue New York, NY 10016-7416 Telephone: (212) 784 6400 Facsimile: (212) 213 5949 E-mail: phanly@simmonsfirm.com mbreit@simmonsfirm.com - and - Gregory F. Coleman, Esq. Mark E. Silvey, Esq. Adam A. Edwards, Esq. Lisa A. White, Esq. GREG COLEMAN LAW PC First Tennessee Plaza 800 S. Gay Street, Suite 1100 Knoxville, TN 37929 Telephone: (865) 247 0080 Facsimile: (865) 533 0049 E-mail: greg@gregcolemanlaw.com mark@gregcolemanlaw.com adam@gregcolemanlaw.com lisa@gregcolemanlaw.com EOG RESOURCES: Unpaid Overtime Claimed in "Jensen" Labor Suit ------------------------------------------------------------- David M. Jensen, on behalf of himself and all others similarly situated, Plaintiff, v. EOG Resources, Inc., Defendant, Case No. 5:17-cv-00114, (W.D. Tex., February 14, 2017), seeks actual damages in the amount of unpaid overtime wages, liquidated damages, post-judgment interest, costs, reasonable attorneys' fees and all other relief under the federal Fair Labor Standards Act. EOG is one of the largest oil and natural gas companies in the United States and has business operations all over the U.S. Plaintiff primarily works for the Defendant in the Eagle Ford Shale region in Texas, providing flowback and equipment testing in connection with Defendant's oil and natural gas exploration and production operations. Plaintiff is represented by: Allen R. Vaught, Esq. Melinda Arbuckle, Esq. Farsheed Fozouni, Esq. BARON & BUDD, P.C. 3102 Oak Lawn Avenue, Suite 1100 Dallas, TX 75219 Tel: (214) 521-3605 Fax: (214) 520-1181 Email: avaught@baronbudd.com marbuckl@baronbudd.com ffozouni@baronbudd.com EQUIFAX INFORMATION: Sued Over Fair Credit Reporting Act Breach --------------------------------------------------------------- Daniel Bruno, individually and on behalf of others similarly situated v. Equifax Information Services, LLC, Geneva Financial Services, LLC, RMB World Enterprises, LLC d/b/a Decision Links, Genesis Marketing Group, Inc. d/b/a Hitman Direct, American Marketing and Mailing Services, Inc., Strategic Marketing Services, LLC, and B. B. Direct, Inc., Case No. 2:17-cv-00327-WBS- EFB (E.D. Cal., February 14, 2017), is brought against the Defendants for violation of the Fair Credit Reporting Act. The Defendants own and operate a financial services company in California. The Plaintiff is represented by: James Louis Kohl, Esq. LAW OFFICES OF JAMES LOUIS KOHL 1571 Alvarado Avenue, Unit #2 Walnut Creek, CA 94597 Telephone: (925) 451-8378 E-mail: jamesk.legal@gmail.com EWC VENTURES: Faces "Fletcher" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Monifa Fletcher and Annalisa Cotte, individually and on behalf of all others similarly situated v. EWC Ventures, LLC, EWC Ventures Stores, LLC, EWC Merrick I, LLC as successors in interest to EWC Merrick, Inc., EWC Merrick II, LLC, and Does 1-16, Case No. 2:17- cv-00900 (E.D.N.Y., February 16, 2017), seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standards Act. The Defendants operate an investment holding company in New York. Monifa Fletcher and Annalisa Cotte are pro se plaintiffs. FINANCIAL RECOVERY: Sued Over Unlawful Debt Collection Practices ---------------------------------------------------------------- Alexander Nayberg, on behalf of himself and all other similarly situated consumers v. Financial Recovery Services Inc., Case No. 1:17-cv-00909 (E.D.N.Y., February 17, 2017) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Financial Recovery Services Inc. provides debt collection services to consumer creditors, finance companies, and debt buyers. Alexander Nayberg is a pro se plaintiff. FORD MOTOR: "Franco" Suit Transferred to C. D. Calif. ----------------------------------------------------- The class action lawsuit captioned Silvia Franco, individually and on behalf of all others similarly situated v. Ford Motor Company, Case No. 3:17-cv-00161, was transferred to the U.S. District Court for the Central District of California (Southern Division - Santa Ana). The District Court Clerk assigned Case No. 8:17-cv-00290- JVS-JCG to the proceeding. The case asserts product liability claims. Ford Motor Company is an American multinational automaker headquartered in Dearborn, Michigan The Plaintiff is represented by: Alex Tomasevic, Esq. Craig M. Nicholas, Esq. NICHOLAS AND TOMASEVIC, LLP 225 Broadway 19th Floor San Diego, CA 92101 Telephone: (619) 325-0492 Facsimile: (619) 325-0496 E-mail: atomasevic@nicholaslaw.org cnicholas@nicholaslaw.org - and - Timothy G. Blood, Esq. BLOOD HURST AND O'REARDON LLP 701 B Street Suite 1700 San Diego, CA 92101 Telephone: (619) 338-1100 Facsimile: (619) 338-1101 E-mail: tblood@bholaw.com The Defendant is represented by: Joan S. Dinsmore, Esq. MCGUIRE WOODS LLP 434 Fayetteville Street Suite 2600 Raleigh, NC 27601 Telephone: (919) 755-6600 Facsimile: (919) 755-6699 E-mail: jdinsmore@mcguirewoods.com FRONTIER HEALTH: "Smith" Suit Seeks Unpaid Back Wages, Damages -------------------------------------------------------------- Merwyn Smith, individually and on behalf of all others similarly situated, Plaintiff, v. Frontier Health Care Services, Inc. and Clement Akosile, Defendants, Case No. 2:17-cv-00129, (S.D. Ohio, February 13, 2017) seeks unpaid back wages due, liquidated damages, costs of this action, attorneys' fees, prejudgment and post-judgment interest, equitable and injunctive relief, appropriate statutory penalties and restitution and such other and further relief under the Fair Labor Standards Act and the Ohio Minimum Fair Wage Standards. Frontier Health Care Services, Inc. is a home health care provider located at 1642 Brice Road, Reynoldsburg, Ohio 43061 where Smith worked as a home care aid. Defendant is represented by: Andrew Kimble, Esq. Markovits, Stock & DeMarco, LLC 3825 EDWARDS ROAD, SUITE 650 Cincinnati, OH Telephone: (513) 665-0213 Facsimile: (513) 665-0219 Email: akimble@msdlegal.com - and - Philip Bohrer, Esq. Scott E. Brady, Esq. BOHRER BRADY, L.L.C. 8712 Jefferson Highway, Suite B Baton Rouge, LA 70809 Telephone: (225) 925-5297 Facsimile: (225) 231-7000 Email: phil@bohrerbrady.com scott@bohrerbrady.com FTS INTERNATIONAL: "Agnew" Action Seeks to Recover Overtime Pay --------------------------------------------------------------- Stephen Agnew, on behalf of himself and others similarly situated, Plaintiffs, v. FTS International Services, LLC, Defendant, Case No. 5:17-cv-00104 (W.D. Tex., February 13, 2017), seeks all unpaid overtime compensation, liquidated damages, attorneys' fees and costs, post-judgment interest and all such other and further relief under the Fair Labor Standards Act. FTS provides multi-stage, unconventional well stimulation and completion services where Plaintiff worked as a sand coordinator, ensuring the required sand is unloaded from the delivery trucks and loaded into the blender for use as a proppant, getting trucks into position and inspecting the sand delivered. Plaintiff is represented by: Richard J. Burch, Esq. David I. Moulton, Esq. BRUCKNER BURCH, P.L.L.C. 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Tel: (713) 877-8788 Fax: (713) 877-8065 Email: rburch@brucknerburch.com dmoulton@brucknerburch.com - and - Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. FIBICH, LEEBRON, COPELAND, BRIGGS & JOSEPHSON 1150 Bissonnet Houston, TX 77005 Tel: (713) 751-0025 Fax: (713) 751-0030 Email: mjosephson@fibichlaw.com adunlap@fibichlaw.com FXCM INC: "Blinn" Files Suit Over Decline in FXCM Stock Price ------------------------------------------------------------- David Blinn, individually and on behalf of all others similarly situated, Plaintiff, v. FXCM Inc., Dror Niv and Robert N. Lande, Defendants, Case No. 1:17-cv-01028, (S.D. N.Y., February 10, 2017), seeks compensatory damages including interest, reasonable costs and expenses, equitable and/or injunctive relief and such other and further relief for violation of the Securities Exchange Act. FXCM is an online provider of foreign exchange trading and related services to over 175,000 active retail accounts globally. FXCM offers customers access to over-the-counter markets and has developed a proprietary technology platform that provides customers with an efficient and cost-effective way to trade. Its platform seeks to present customers with the best price quotations on 45 currency pairs from up to 31 global banks, financial institutions and market makers. Defendants allegedly concealed its relationship with an individual market maker, thus presenting a possible conflict of interest. On February 6, 2017, the Company also announced in a press release that it entered into a settlement with the National Futures Association and the U.S. Commodity Futures Trading Company that it will be withdrawing from business in the United States. On this news, FXCM's stock price fell from a closing price of $6.85 on February 6, 2017 to $3.45 on February 7, 2017, a drop of approximately 50%. Plaintiff owns FXCM shares and lost substantially. Plaintiff is represented by: Shannon L. Hopkins, Esq. LEVI & KORSINSKY, LLP 733 Summer Street, Suite 304 Stamford, CT 06901 Telephone: (203) 992-4523 Facsimile: (212) 363-7171 GALENA BIOPHARMA: "Miller" Sues Over Share Price Drop ----------------------------------------------------- Steven Miller, individually and on behalf of all others similarly situated, Plaintiff, v. Galena Biopharma, Inc., Mark J. Ahn, Mark W. Schwartz, Ryan M. Dunlap and John T. Burns, Defendants, Case No. 2:17-cv-00929, (D.N.J., February 13, 2017), seeks to recover compensable damages caused by Defendants' violations of the federal securities laws and to pursue remedies under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. Galena is a biopharmaceutical company which focuses on developing hematology and oncology treatments. Galena is incorporated in Delaware and headquartered in San Ramon, California. Mark J. Ahn, Mark W. Schwartz, Ryan M. Dunlap and John T. Burns sit in the board of directors. Galena's first commercial product was Abstral which was approved to treat pain in cancer patients who were already receiving, and who are tolerant to, opioid therapy for their persistent baseline cancer. Plaintiff alleges that Galena failed to disclose that their sales of Abstral were based on unsustainable sales and marketing practices and that two of its high-prescribing physicians are facing criminal prosecution for alleged violations of the federal False Claims Act. On this news, shares of Galena fell $0.53 per share or over 32% over the next two trading days to close at $1.12 per share on February 2, 2017, further damaging investors, including the Plaintiff. Plaintiff is represented by: Laurence M. Rosen, Esq. THE ROSEN LAW FIRM, P.A. 275 Madison Avenue, 34th Floor New York, NY 10016 Telephone: (212) 686-1060 Fax: (212) 202-3827 Email: lrosen@rosenlegal.com GENERAL ALUMINUM: Faces "Eddings" Suit Alleging FLSA Violations --------------------------------------------------------------- ROBERT EDDINGS, on behalf of himself and all others similarly situated Plaintiff, v. GENERAL ALUMINUM MFG. COMPANY, Defendant, Case No. 1:17-cv-00362-SO (N.D. Ohio, February 22, 2017), alleges that Plaintiff and the Opt-Ins frequently worked more than forty (40) hours in a single workweek, entitling them to overtime compensation under the Fair Labor Standards Act. GENERAL ALUMINUM MFG. COMPANY -- http://www.generalaluminum.com/- - is a full service aluminum die casting supplier to a variety of industries. Plaintiff and the Opt-Ins are current or former hourly employees of Defendant. The Plaintiff is represented by: Hans A. Nilges, Esq. Shannon M. Draher, Esq. Michaela Calhoun, Esq. NILGES DRAHER, LLC 4580 Stephen Circle, N.W., Suite 201 Canton, OH 44718 Phone: 330-470-4428 E-mail: hans@ohlaborlaw.com sdraher@ohlaborlaw.com mcalhoun@ohlaborlaw.com GENERAL MOTORS: Faces "Lyons" Class Suit in Nev. Dist. Ct. ---------------------------------------------------------- A class action lawsuit has been commenced against Ed Bozarth, General Motors Company, and Capital One Auto Finance. The case is captioned Victor Lyons, individually and on behalf of all others (minority vehicle buyers) similarly situated v. Ed Bozarth, General Motors Company, and Capital One Auto Finance, Case No. 2:17-cv-00504-JAD-CWH (D. Nev., February 17, 2017). General Motors Company is an American multinational corporation headquartered in Detroit, Michigan, that designs, manufactures, markets, and distributes vehicles and vehicle parts, and sells financial services. Capital One Auto Finance operates a financial services company headquartered at 7940 Dominion Pkwy, Plano, TX 75024. Victor Lyons is a pro se plaintiff. GENWORTH FINANCIAL: "Ratliff" Sues Over Onerous Merger Deal ----------------------------------------------------------- David Ratliff II, individually and on behalf of all others similarly situated, Plaintiff, v. Genworth Financial, Inc., William H. Bolinder, G. Kent Conrad, Melina E. Higgins, Thomas J. Mcinerney, David M. Moffett, Thomas E. Moloney, James A. Parke and James S. Riepe, Defendants, Case No. 3:17-cv-00132, (E.D. Va., February 10, 2017), seeks to enjoin Defendants, their agents, counsel, employees, and all persons acting in concert with them from consummating the Genworth and China Oceanwide merger, unless and until the Company adopts and implements a procedure or process to obtain the highest possible price for shareholders and disclose and disseminate the material information identified above to the Company shareholders. The suit further seeks damages, costs and disbursements of this action, including reasonable attorneys' and experts' fees, rescinding, to the extent already implemented, the said merger or granting Plaintiff rescissory damages and such other and further equitable relief under the Securities and Exchange Act. Genworth is the country's largest underwriter and issuer of long term care insurance and specializes in life and mortgage insurance. Asia Pacific is a United States and Asia-Pacific focus merchant bank, global financial and strategic management consulting firm, specializing in providing advisory services in cross-border mergers and acquisitions, asset development, recapitalization, private equity and investment banking. Asia Pacific is a limited liability company incorporated in the People's Republic of China. On October 23, 2016, Genworth and China Oceanwide jointly announced that they had entered into an agreement where Asia Pacific will acquire the common stock of Genworth for $5.43 per share in cash which equates to a total transaction value of approximately $2.7 billion. The Proposed Transaction also includes a $1.1 billion cash infusion by China Oceanwide to fulfill debt obligations maturing in 2018 and to shore up Genworth's U.S. Life Insurance business segment. The Board has breached its fiduciary obligations by unduly restricting its ability to consider competing, better offers and prohibit it from soliciting any such other offers, says the complaint. Plaintiff is represented by: Charles L. Williams, Esq. WILLIAMS & SKILLING, P.C. 4801 Radford Avenue, Suite A Richmond, VA 23230 Tel: (804) 447-0307, Ext. 305 Fax: (804) 447-0367 Email: cwilliams@williamsandskillingcom - and - Robert I. Harwood, Esq. Matthew M. Houston, Esq. HARWOOD FEFFER LLP 488 Madison Avenue New York, NY 10022 Tel: (212) 935-7400 Fax: (212) 753-3630 Email: rharwood@hfesq.com mhouston@hfesq.com GILMAN HEALTH: Birmingham Bone's Suit Alleges Violations of TCPA ---------------------------------------------------------------- BIRMINGHAM BONE AND JOINT SURGEONS, P.C., Plaintiff, v. GILMAN HEALTH CARE SOLUTIONS, LLC, Defendant, Case 2:17-cv-00288-SGC (N.D. Ala., February 22, 2017), seeks redress on Plaintiff's own behalf and on behalf of a Class of all others similarly situated for Defendant's alleged unlawful sending of "junk faxes", that is, facsimiles or fax advertisements, sent in violation of the Telephone Consumer Protection Act. GILMAN HEALTH CARE SOLUTIONS, LLC operates as a medical billing and health IT consulting company which partners with medical practices and hospital systems across the nation to provide customized solutions for financial, clinical and regulatory compliance needs. The Plaintiff is represented by: David J. Guin, Esq. Tammy M. Stokes, Esq. Rex W. Slate, Esq. GUIN, STOKES & EVANS, LLC 300 Richard Arrington Jr. Blvd. North, Suite 600 Title Building, AL 35203 Phone: (205) 226-2282 Fax: (205) 226-2357 Email: davidg@gseattorneys.com tammys@gseattorneys.com rexs@gseattorneys.com - and - Charles R. Watkins, Esq. GUIN, STOKES & EVANS, LLC 321 South Plymouth Court, Suite 1250 Chicago, IL 60604 Phone: (312) 878-8391 Email: charlesw@gseattorneys.com GOSPEL FOR ASIA: Sued Over Diversion of Charitable Donations ------------------------------------------------------------ GARLAND D. MURPHY, III, M.D., and PHYLLIS MURPHY, individually and on behalf of all others similarly situated, the Plaintiff, v. GOSPEL FOR ASIA, INC., GOSPEL FOR ASIA-INTERNATIONAL, K.P. YOHANNAN, GISELA PUNNOSE, DANIEL PUNNOSE, DA VJD CARROLL, and PAT EMERICK, the Defendants, Case No. 5:17-cv-05035-TLB (W.D. Ark., Feb. 16, 2017), seeks costs, restitution, damages, including punitive damages, and disgorgement from Defendants as a result of their unlawful, deceptive, fraudulent, and unfair practices. The complaint alleges that K.P. Yohannan and the organization he controls -- Gospel for Asia, Inc. -- have been getting away with for years. Yohannan and a handful of close associates have acquired hundreds of millions of dollars from tens of thousands of well-intentioned donors throughout the country; donors who send money they are told will be used for very specific charitable purposes, such as meals for impoverished, hungry children. In reality, Yohannan and his associates divert much of this money and do with it as they please, using it to buy and run for-profit businesses; to build an expensive, secluded headquarters and personal residences; to sponsor an international sports team; and to speculate in financial markets. The case is about ending this egregious abuse, the Plaintiffs state. Gospel for Asia (GFA) is a Christian missionary non-governmental organization founded by K. P. Yohannan in 1978. The Plaintiffs are represented by: Woodson W. Bassett III, Esq. James Graves, Esq. BASSETT LAW FIRM LLP 221 North College A venue P.O. Box 3618 Fayetteville, AR 72702 Telephone: 479 521 9996 Facsimile: 479 521 9600 E-mail: wbassett@bassettlawfirm.com jgraves@bassettlawfirm.com - and - Marc R. Stanley, Esq. Martin Woodward, Esq. STANLEY LAW GROUP 6116 N. Central Expressway, Suite 1500 Dallas, TX 75206 Telephone: (214) 443 4300 Facsimile: (214) 443 0358 E-mail: marcstanley@mac.com mwoodward@stanleylawgroup.com - and - Tom Mills, Esq. MILLS AND WILLIAMS, LLP 5910 N. Central Expressway, Suite 980 DALLAS, TX 75206 Telephone: (214) 265 9265 Facsimile: (214) 361 3167 E-mail: tmills@millsandwilliams.com GRAHAM SHOE: Faces "Rodriguez" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Jose Rodriguez, on behalf of himself and all other persons similarly situated v. Graham Shoe Corp. d/b/a Lady Shoe Five Dollars, and Jeffrey Deutsch, Case No. 1:17-cv-00833 (E.D.N.Y., February 14, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants own and operate a shoe store located at 20 Graham Ave, Brooklyn, NY 11206. Jose Rodriguez is a pro se plaintiff. GREYSTONE PROPERTY: Sued in N.Y. Over Alleged Breach of Contract ---------------------------------------------------------------- Direct Builders Supply, a division of CNC Associates N.Y., Inc., on behalf of itself and on behalf of all others entitled to share in the funds received by Greystone Property Development II Corp. d/b/a Greystone Property Development as Trustee, in connection with the improvement of the real property known as 47 Bridge Street, Brooklyn, New York, Block: 32; Lots: 1101 through 1132 v. Greystone Property Development II Corp. d/b/a Greystone Property Development, 47-51 Bridge Street Property LLC, Westchester Fire Insurance Company, Jeffrey Simpson, and "John Doe No. 1" through "John Doe No., 100," said names being fictitious, true names being those unknown individuals and/or entities liable for the diversion of trust funds pursuant to Article 3-A of the Lien Law of the State of New York, in connection with the construction project at 47 Bridge Street, Brooklyn, New York, Block: 32; Lots: 1101 through 1132, Case No. 502110/2017 (N.Y. Sup. Ct., February 1, 2017), arises from the Defendants' failure and refusal of Greystone to pay for certain labor and materials provided by Direct Builders, as well as other construction materials, equipment and labor supplied by the Trust Fund Beneficiaries at the project located at 47 Bridge Street, Brooklyn, New York, Block: 32; Lots: 1101 through 1132, and the unlawful diversion of said trust fund monies for non-trust purposes. The Defendants own and operate a real estate company located at 152 West 57th Street, 60th Floor, New York, New York 10019. The Plaintiff is represented by: Constantine T. Tzifas, Esq. ARTHUR J. SEMETIS, P.C. 286 Madison Avenue - Suite 1801 New York, NY 10017 Telephone: (212) 557-5055 GSP TRANSPORTATION: "Campbell" Action to Recover Overtime Pay ------------------------------------------------------------- Susan Campbell, Individually, on behalf of herself and on behalf of all other similarly situated current and former employees, Plaintiffs, v. GSP Transportation, Inc., a South Carolina Corporation, d/b/a Thrifty Rental Car Franchisee, Dollar Rental Car Franchisee and Hertz Rental Car Franchisee and Jeff Schoepfel, Individually, Defendants, Case No. 1:17-cv-00045 (W.D. Tex., February 13, 2017) seeks to recover compensation for unpaid overtime wages, liquidated damages, as well as interest, reasonable attorneys' fees, costs and disbursements relating to this action under the Fair Labor Standards Act. GSP Transportation, Inc., is a South Carolina Corporation with its principal executive office located at 2429 S Highway 14, Greer, South Carolina 29650-4737. GSP has franchise rights to operate Thrifty, Dollar and Hertz rental car agencies in Tennessee, South Carolina, North Carolina, Georgia, Virginia, Kentucky and other Eastern states of the United States. Campbell worked for the Defendants at their Thrifty and Dollar rental car agencies in Chattanooga, Tennessee as a general manager. Plaintiff is represented by: Gordon E. Jackson, Esq. James L. Holt, Jr., Esq. J. Russ Bryant, Esq. Paula R. Jackson, Esq. JACKSON, SHIELDS, YEISER & HOLT 262 German Oak Drive Memphis, TN 38018 Tel: (901) 754-8001 Fax: (901) 759-1745 Email: gjackson@jsyc.com jholt@jsyc.com rbryant@jsyc.com pjackson@jsyc.com HD SUPPLY: Faces "Pettit" Suit Over Unvested Stock Options ---------------------------------------------------------- WILLIAM E. PETTIT and SUSAN VAN HOUTEN, On Behalf of Himself and All Other Similarly Situated Stockholders of HD SUPPLY HOLDINGS, INC., the Plaintiffs, v. HD SUPPLY HOLDINGS, INC., the Defendant, Case No. 2017-0125 (Del. Chancery Ct., Feb. 16, 2017), seeks to hold HP Supply accountable for its breach of contract, or alternatively breach of the covenant of good faith and fair dealing and unjustly enriching itself through an alleged misconduct. The class action arose from HD Supply's unlawful refusal to accelerate full vesting of unvested stock options and restricted stock awards owned by Plaintiffs and other members of the Class. The Plaintiffs and members of the Class were high-ranking employees and managers at one of HD Supply's affiliates and subsidiary company, Power Solutions. Each of Plaintiff and members of the Class were granted Awards of HD Supply's stock in recognition of their loyalty and expertise and to ensure that they stayed with the Company through the acquisition by Anixter, Inc. HD Supply and its officers repeatedly promised that Plaintiff and members of the Class' Awards would fully and immediately vest following a sale of the Company. The 2013 Omnibus Incentive Plan governing HD Supply's Management Equity Program, mandated that all unvested Awards possessed by Plaintiffs and members of the Class would fully vest upon a "change-in-control" transaction, which is defined in the Plan as a "merger, consolidation or other similar transaction[.]" On October 5, 2015, HD Supply transferred control of HD Supply Power Solutions business to Anixter. Instead of honoring the change-in-control provisions in the Plan, HD Supply treated every employee of its company as if they had been fired and then immediately rehired by Anixter. In breach of the Plan, HD Supply cancelled and treated as worthless all unvested equity awards after it transferred control of the business Plaintiffs had managed and had been instrumental in making valuable in the first place. The Plaintiffs seek the full value of their unvested Awards, as if they had been fully vested upon the sale of the Company's Power Solutions business to Anixter. HD Supply is an industrial distributor in North America. The company provides a broad range of products and value-added services to approximately 500,000 professional customers in maintenance and repair. The Plaintiffs are represented by: Clinton A. Krislov, Esq. Christopher M. Hack, Esq. KRISLOV & ASSOCIATES, LTD 20 North Wacker Drive, Suite 1300 Chicago, IL 60606 Telephone: (312) 606 0500 - and - Mark J. Baiocchi, Esq. THE LAW OFFICE OF MARK J. BAIOCCHI 1755 S. Naperville Road, Suite 100 Wheaton, IL 60189 Telephone: (630) 983 4200 - and - Alan E. Lubel, Esq. LAW OFFICE OF ALAN E. LUBEL, P.C. 3475 Piedmont Road, N.E., Suite 1100 Atlanta, GA 30305 Telephone:(404) 917 1080 - and - Peter B. Andrews, Esq. Craig J. Springer, Esq. David M. Sborz, Esq. ANDREWS & SPRINGER LLC 3801 Kennett Pike Building C, Suite 305 Wilmington, DE 19807 Telephone: (302) 504 4957 HEAVENLY COUTURE: OT Pay Sought in "Heck" Suit ---------------------------------------------- Carly Heck, an individual, Sara Lund, an individual and Ally Ortanez, an individual, Plaintiffs, v. Heavenly Couture, Inc., a California Corporation, Defendant, Case No. 3:17-cv-00168, (S.D. Cal., January 27, 2017), is a hybrid collective action, under the Fair Labor Standards Act for violation of federal law, and a class action, under Federal Rule of Civil Procedure Rule 23 for violations of California state law. This is also a representative action for enforcement of California's Private Attorneys General Act (PAGA). Plaintiffs, Carly Heck, Sara Lund, and Ally Ortanez, on behalf of themselves and those similarly situated, seek to recover unpaid wages and an equal amount in the form of liquidated damages, reasonable attorneys' fees and costs of the action, including pre- judgment interest under the Fair Labor Standards Act, California Labor Laws, California Industrial Wage Commission Wage Orders and California's Unfair Competition Law. Heavenly Couture, Inc. sells fashion apparel and accessories in retail stores located throughout the country. Plaintiffs are store staff who claim to have worked uncompensated regular and overtime hours. They were denied legally mandated meal and rest breaks and were not provided accurate wage statements. Plaintiffs are represented by: Craig M. Nicholas, Esq. Alex Tomasevic, Esq. NICHOLAS & TOMASEVIC, LLP 225 Broadway, 19th Floor San Diego, CA 92101 Tel: (619) 325-0492 Fax: (619) 325-0496 Email: cnicholas@nicholaslaw.org atomasevic@nicholaslaw.org HERTZ CORPORATION: "Arenas" Class Suit Removed to S.D. California ----------------------------------------------------------------- The class action lawsuit captioned Angela Arenas, an individual and on behalf of all others similarly situated v. The Hertz Corporation, and Does 1 through 100, Case No. 37-02016-00043014- CU-OE-CTL, was removed from the Superior Court of California County of San Diego to the U.S. District Court for the Southern District of California. The District Court Clerk assigned Case No. 3:17-cv-00311-L-JMA to the proceeding. The Hertz Corporation owns and operates a car rental company with international locations in 150 countries worldwide. The Plaintiff is represented by: Paul K. Haines, Esq. HAINES LAW GROUP, APC 2274 E. Maple Avenue, Suite A El Segundo, CA 90245 Telephone: (424) 292-2350 Facsimile: (424) 292-2355 E-mail phaines@haineslawgroup.com The Defendant is represented by: Robert A. Dolinko, Esq. NIXON PEABODY LLP One Embarcadero Center, 18th Floor San Francisco, CA 94111 Telephone: (415) 984-8200 Facsimile: (415) 984-8300 E-mail rdolinko@nixonpeabody.com HIGHBURY CONCRETE: Faces "Fabre" Suit Alleging FLSA Violations ------------------------------------------------------------- Alan Fabre, Cristhian Vega, and Aldo Jara, on behalf of themselves and all other persons similarly situated, Plaintiffs, vs. Highbury Concrete Inc., Thomas Gorman, Thomas Fogarty, and Benny Griffin, Defendants, Case 1:17-cv-00984 (E.D.N.Y., February 22, 2017), alleges that Plaintiffs are entitled to: (i) unpaid wages from defendants for overtime work for which they did not receive overtime premium pay as required by law; and (ii) liquidated damages pursuant to the Fair Labor Standards Act. Defendants owned and operated a concrete contracting business. Mr. Fabre and Mr. Vega were employed as operators of concrete pumps, while Mr. Jaro was employed as a driver, whose job was to pick up supplies and tools from stores and deliver them to the various construction sites in New York. The Plaintiffs are represented by: David Stein, Esq. SAMUEL & STEIN 38 West 32nd Street, Suite 1110 New York, NY 10001 Phone: (212) 563-9884 E-mail: dstein@samuelandstein.com HOMEADVISOR INC: "Nygaard" Suit Seeks OT Compensation Under FLSA ---------------------------------------------------------------- JESSICA NYGAARD, on behalf of herself and all others similarly situated, the Plaintiff, v. HOMEADVISOR, INC., a Delaware corporation, the Defendant, Case No. 1:17-cv-00433 (D. Colo., Feb. 15, 2017), seeks to recover overtime compensation, liquidated and/or punitive damages, pre-judgment and post-judgment interest, and costs and expenses under the Fair Labor Standards Act (FLSA). The Plaintiff alleges that Defendant violated the FLSA, and the applicable Colorado Minimum Wage Order (Colorado Wage Order), by (i) failing to pay Marketing Consultants overtime compensation at their proper regular rates of pay, specifically by excluding from the calculation all earned commissions/bonuses; and (ii) failing to pay Marketing Consultants any compensation for work performed during meal periods that Defendant mandated and continues to mandate. Marketing Consultants frequently work through these meal periods. HomeAdvisor provides Internet tools and resources for home improvement, maintenance, and repair projects. The Plaintiff is represented by: Paul F. Lewis, Esq. Michael D. Kuhn, Esq. Andrew E. Swan, Esq. 620 North Tejon Street, Suite 101 Colorado Springs, CO 80903 Telephone: (719) 694 3000 Facsimile: (866) 515 8628 E-mail: plewis@lewiskuhnswan.com mkuhn@lewiskuhnswan.com aswan@lewiskuhnswan.com HUNT & HENRIQUES: "Smith" Class Suit Removed to S.D. California --------------------------------------------------------------- The class action lawsuit entitled Russell Smith, individually and on behalf of others similarly situated v. Hunt & Henriques, Inc., Case No. 37-02017-00001062-CU-NP-CTL, was removed from the Superior Court of California County of San Diego to the U.S. District Court for the Southern District of California. The District Court Clerk assigned Case No. 3:17-cv-00313-CAB-AGS to the proceeding. The Plaintiff alleges violation of the Fair Debt Collection Act. Hunt & Henriques, Inc. is a consumer collection law firm in California. The Plaintiff is represented by: Matthew M. Loker, Esq. KAZEROUNI LAW GROUP, APC 245 Fischer Avenue, Unit D1 Costa Mesa, CA 92626 Telephone: (800) 400-6808 Facsimile: (800) 520-5523 E-mail: ml@kazlg.com The Defendant is represented by: Jeffrey Alan Topor, Esq. SIMMONDS AND NARITA LLP 44 Montgomery Street, Suite 3010 San Francisco, CA 94104 Telephone: (415) 283-1000 E-mail: jtopor@snllp.com INVENSENSE INC: "Chicorel" Suit Seeks to Enjoin Sale to TDK ----------------------------------------------------------- MARC CHICOREL, on behalf of himself and all others similarly situated, Plaintiff, v. INVENSENSE, INC., BEHROOZ ABDI, AMIR FAINTUCH, USAMA FAYYAD, EMIKO HIGASHI, JON OLSON, AMIT SHAH, ERIC STANG, and YUNBEI YU, Defendants, Case 3:17-cv-00901-HSG (N.D. Cal., February 22, 2017), seeks to enjoin a proposed transaction pursuant to which InvenSense will be acquired by TDK Corporation and its wholly-owned subsidiary, TDK Sensor Solutions Corporation. The case alleges that defendants filed a materially incomplete and misleading Preliminary Proxy Statement with the United States Securities and Exchange Commission in connection with the Proposed Transaction. The Proxy allegedly contains materially incomplete information concerning the underlying inputs in the Discounted Cash Flow Analysis conducted by Qatalyst Partners LP, InvenSense's financial advisor, in connection with preparing its fairness opinion, which the Board relied upon in assessing the fairness of the Proposed Transaction. INVENSENSE, INC. -- https://www.invensense.com/ -- designs and manufactures bleeding edge MEMS gyroscope technology for consumer electronics. The Plaintiff is represented by: Rosemary M. Rivas, Esq. LEVI & KORSINSKY LLP 44 Montgomery Street, Suite 650 San Francisco, CA 94111 Phone: (415) 291-2420 Fax: (415) 484-1294 - and - Donald J. Enright, Esq. Elizabeth K. Tripodi, Esq. LEVI & KORSINSKY LLP 1101 30th Street NW, Suite 115 Washington, DC 20007 Phone: (202) 524-4290 Fax: (202) 337-1567 Email: denright@zlk.com - and - Rosemary M. Rivas, Esq. LEVI & KORSINSKY LLP 44 Montgomery Street, Suite 650 San Francisco, CA 94104 Phone: (415) 291-2420 Fax: (415) 484-1294 Email: rrivas@finkelsteinthompson.com JWE ENTERPRISES: "Lopez" Labor Suit Seeks to Recover Overtime Pay ----------------------------------------------------------------- Luis E. Lopez, individually, and on behalf of all others similarly situated, Plaintiff, v. JWE Enterprises Inc., Squeaky Clean Car Wash-Shea LLC, John Epley and Jane Doe Epley, a Married Couple and Janell Epley and John Doe Epley, a Married Couple, Defendants, Case No. 2:17-cv-00481, (D. Ariz., February 14, 2017), seeks unpaid wages for overtime compensation, liquidated damages, reasonable attorney's fees, costs and expenses of this action and such other relief under the Fair Labor Standards Act. JWE Enterprises Inc. owned and operated as Squeaky Clean Car Wash, an automobile washing and detailing company located at 2824 West Bell Road, Phoenix, Arizona 85053 where Plaintiff worked as a washer/detailer. Plaintiff is represented by: Clifford P. Bendau, II, Esq. Christopher J. Bendau, Esq. THE BENDAU LAW FIRM PLLC P.O. Box 97066 Phoenix, AZ 85018 Telephone: (480) 382-5176 Facsimile: (602) 956-1409 Email: cliffordbendau@bendaulaw.com chris@bendaulaw.com JUST BORN: "White" Suit Says Hot Tamales Candy Packs Under-filled ----------------------------------------------------------------- DARYL WHITE, JR., Individually and on behalf of all others similarly situated, v. JUST BORN, INC., the Defendant, Case No. 2:17-cv-04025-NKL (W.D. Mo., Feb. 16, 2017), seeks to recover damages, injunctive relief, disgorgement of Defendant's unjust enrichment, and all other remedies the Court deems appropriate. The Plaintiff brought the class-action lawsuit based on Defendant's misleading, deceptive and unlawful conduct in packaging its Hot Tamales candy and Mike and Ike candy in opaque cardboard containers of identical dimensions: 3.25 inches x .75 inches x 6 inches (individually "Hot Tamales Products" and "Mike and Ike Products" and collectively "Products"). The Products are uniformly under-filled or "slack-filled." Specifically, approximately 65% of the Hot Tamales container is filled with candy, and the remaining 35% of the container is empty. Similarly, approximately 66% of the Mike and Ike container is filled with candy, and the remaining 34% of the container is empty. The slack- fill in the Products is non-functional, and therefore misleading and unlawful. In purchasing the Products, consumers were denied the benefit of the bargain between what was represented, and what was received. Consumers would not have purchased the Products had they known that the containers were substantially empty, or would have purchased them on different terms. Just Born is a privately held, family-owned, Bethlehem, Pennsylvania-based candy company that manufactures and markets a number of chewy candies including Goldenberg's Peanut Chews, and Hot Tamales. The Plaintiff is represented by: David L. Steelman, Esq. Stephen F. Gaunt, Esq. Patrick J. Horsefield, Esq. STEELMAN, GAUNT & HORSEFIELD 901 Pine Street, Suite 110 Rolla, MO 65401 Telephone: (573) 458 5231 Facsimile: (573) 341 8548 E-mail: dsteelman@steelmanandgaunt.com sgaunt@steelmanandgaunt.com phorsefield@steelmanandgaunt.com KASHMIR ROAD: "Anders" Suit Seeks Unpaid Overtime Wages ------------------------------------------------------- Aquino Anders, on behalf of herself and others similarly-situated, Plaintiff, v. Kashmir Road Lines, LLC, Defendant., Case No. 4:17- cv-00453, (S.D. Tex., February 13, 2017), seeks all unpaid overtime compensation, liquidated damages, attorneys' fees and costs, post-judgment interest and all such other and further relief under the Fair Labor Standards Act. Defendant owns and operates gas stations, convenience stores, and a connected Subway franchise in Houston, Texas where Plaintiff worked for Defendant as a store clerk. Plaintiff is represented by: Charles W. Branham, III, Esq. Corinna Chandler, Esq. DEAN OMAR & BRANHAM, LLP 3900 Elm Street Dallas, TX 75226 Tel: 214-722-5990 Fax: 214-722-5991 Email: tbranham@dobllp.com cchandler@dobllp.com LEVEL 3 COMM: "Murray" Suit Questions Merger Deal Non-Disclosures ----------------------------------------------------------------- James Murray, individually and on behalf of all others similarly situated, Plaintiff, v. Level 3 Communications, Inc., James O. Ellis, Jr., Jeff K. Storey, Kevin P. Chilton, Steven T. Clontz, Irene M. Esteves, T. Michael Glenn, Spencer B. Hays, Michael J. Mahoney, Kevin W. Mooney, Peter Seah Lim Huat and Peter Van Oppen, Defendants, Case No. 1:17-cv-00389, (D. Colo., February 14, 2017), seeks to enjoin Defendants from consummating a proposed acquisition of Level 3 by CenturyLink, Inc., rescinding, to the extent already implemented, rescissory damages, costs and disbursements of this action, including reasonable attorneys' and experts' fees and such other and further equitable relief under the Securities Exchange Act of 1934. On October 31, 2016, the Company announced that it had entered into a definitive agreement by which CenturyLink, through its wholly-owned subsidiaries, Wildcat Merger Sub 1 LLC and WWG Merger Sub LLC, will acquire all of the outstanding shares of Level 3 where each share of Level 3 common stock will be cancelled and converted into the right to receive $26.50 in cash and 1.4286 shares of CenturyLink common stock. The Proposed Transaction is valued at approximately $19.43 billion. Plaintiffs allege that Defendants withheld information that is necessary for the company's shareholders to make an informed decision concerning whether to vote in favor of the merger. Level 3 is an integrated communications network company that provides Internet protocol and data services, as well as content distribution, co-location, and softswitch and voice services. Plaintiff is represented by: Rusty E. Glenn, Esq. THE SHUMAN LAW FIRM 600 17th Street, Suite 2800 South Denver, CO 80202 Telephone: (303) 861-3003 Facsimile: (303) 536-7849 Email: rusty@shumanlawfirm.com - and - Kip B. Shuman, Esq. THE SHUMAN LAW FIRM Post-Montgomery Ctr. One Montgomery Street, Ste. 1800 San Francisco, CA 94104 Telephone: (303) 861-3003 Facsimile: (303) 536-7849 Email: kip@shumanlawfirm.com - and - Juan E. Monteverde, Esq. MONTEVERDE & ASSOCIATES PC The Empire State Building 350 Fifth Avenue, 59th Floor New York, NY 10118 Tel: (212) 971-1341 (305) 205-8284 (646) 522-4840 Email: jmonteverde@monteverdelaw.com LEXINGTON LAW: "Jeffery" Class Suit Removed to S.D. Georgia ----------------------------------------------------------- The class action lawsuit entitled Robert Jeffery, on behalf of himself and all others similarly situated v. John C. Heath d/b/a Lexington Law Firm, Case No. cv17-0039, was removed from the State Court of Chatham County to the U.S. District Court for the Southern District of Georgia (Savannah). The District Court Clerk assigned Case No. 4:17-cv-00029-WTM-GRS to the proceeding. John C. Heath operates a law firm located at 360 N Cutler Dr, North Salt Lake, UT 84054. The Plaintiff is represented by: James M. Feagle, Esq. SKAAR & FEAGLE, LLP 2374 Main Street, Suite B Tucker, GA 30084 Telephone: (404) 373-1970 Facsimile: (404) 601-1855 E-mail: jfeagle@skaarandfeagle.com - and - Justin T. Holcombe, Esq. SKAAR & FEAGLE, LLP 133 Mirramont Lake Drive Woodstock, GA 30189 Telephone: (770) 427-5600 Facsimile: (404) 601-1855 E-mail: jholcombe@skaarandfeagle.com The Defendant is represented by: Kirby G. Mason, Esq. HUNTER MACLEAN, PC 200 E. Saint Julian Street, P.O. Box 9848 Savannah, GA 31412-0048 Telephone: (912) 236-0261 Facsimile: (912) 236-4936 E-mail: kmason@huntermaclean.com LIFETIME ENTERTAINMENT: Faces "Leyse" Suit Over Unsolicited Calls ----------------------------------------------------------------- MARK LEYSE, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. LIFETIME ENTERTAINMENT SERVICES, LLC, the Defendant, Case No. 1:17-cv-01212 (S.D.N.Y., Feb. 16, 2017), seeks to recover statutory damages, injunctive relief, attorney's fees, and costs under the Telephone Consumer Protection Act. The Plaintiff brought the action individually and as a class action on behalf of all persons to whose residential telephone lines Defendant, or a third party acting on behalf of Defendant, placed one or more telephone calls using an artificial or prerecorded voice that delivered a message that advertised the commercial availability or quality of property, goods, or services, other than Defendant, its officers, employees, and representatives, and their families, during the period from August 17, 2009, to the present. Lifetime Entertainment Services is an American entertainment industry company, whose media properties are focused on women. The Plaintiff is represented by: Todd C. Bank, Esq. ATTORNEY AT LAW, P.C. 119-40 Union Turnpike Fourth Floor Kew Gardens, NY 11415 Telephone: (718) 520 7125 LIFETIME ENTERTAINMENT: McCabe Sues Over Unsolicited Calls ---------------------------------------------------------- KEVIN McCABE, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. LIFETIME ENTERTAINMENT SERVICES, LLC, the Defendant, Case No. 1:17-cv-00908 (E.D.N.Y., Feb. 16, 2017), seeks to recover statutory damages, injunctive relief, attorney's fees, and costs under the Telephone Consumer Protection Act. The Plaintiff brought the action individually and as a class action on behalf of all persons to whose residential telephone lines Defendant, or a third party acting on behalf of Defendant, placed one or more telephone calls using an artificial or prerecorded voice that delivered a message that advertised the commercial availability or quality of property, goods, or services, other than Defendant, its officers, employees, and representatives, and their families, during the period from August 17, 2009, to the present. Lifetime Entertainment Services is an American entertainment industry company, whose media properties are focused on women. The Plaintiff is represented by: Todd C. Bank, Esq. ATTORNEY AT LAW, P.C. 119-40 Union Turnpike, Fourth Floor Kew Gardens, NY 11415 Telephone: (718) 520 7125 MANASSEH JORDAN: Faces "Miholich" Suit Over Unsolicited Calls ------------------------------------------------------------- Kyle Miholich, individually and on behalf of all others similarly situated v. Manasseh Jordan Ministries, Inc., Prophet Manasseh Products, Yakim Manasseh Jordan, Does 1-10, ABC Corporations 1-10, and ZYZ, LLC's 1-10, Case No. 3:17-cv-00289-LAB-JLB (S.D. Cal., February 14, 2017), seeks to stop the Defendants' practice of using an artificial and prerecorded voice to deliver a message without prior express consent of the called party. The Plaintiff says Manasseh Jordan Ministries, Inc., is a corporation whose state of incorporation is in the state of Texas. It is a purported, unverifiable, unregistered entity controlled and operated by Defendant Yakim Manasseh Jordan. The Plaintiff is represented by: Dante T. Pride, Esq. THE PRIDE LAW FIRM 2831 Camino Del Rio S., Suite 104 San Diego, CA 92101 Telephone: (619) 516-8166 Facsimile: (619) 785-3414 E-mail: dpride@pridelawfirm.com MARCOFAI CORP: Faces "Hernandez" Suit Over Failure to Pay OT ------------------------------------------------------------ Concepcion Hernandez and Maria Hernandez, individually and on behalf of others similarly situated v. Marcofai Corp. d/b/a Hicksville Flowers & Fruiterers, Martin Lebedin, Cora B. Lebedin a/k/a Maria Corazon, Marty Levin, John Maroudas, and Faith Doe, Case No. 2:17-cv-00887 (E.D.N.Y., February 16, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants own and operate a flower shop located at 18 Newbridge Rd, Hicksville, NY 11801. Concepcion Hernandez and Maria Hernandez are pro se plaintiffs. MEAD JOHNSON: "Kirkham" Seeks to Enjoin Sale to Reckitt ------------------------------------------------------- CHRISTOPHER KIRKHAM, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. STEVEN M. ALTSCHULER, HOWARD B. BERNICK, KIMBERLY A. CASIANO, ANNA C. CATALANO, CELESTE A. CLARK, JAMES M. CORNELIUS, STEPHEN W. GOLSBY, MICHAEL GROBSTEIN, KASPER JAKOBSEN, PETER G. RATCLIFFE, ELLIOTT SIGAL, ROBERT S. SINGER, MICHAEL SHERMAN, MEAD JOHNSON NUTRITION COMPANY, RECKITT BENCKISER GROUP PLC, and MARIGOLD MERGER SUB, INC., the Defendants, Case No. 2017-CH-02109 (Ill. Cir. Ct., Feb. 14, 2017), seeks to enjoin the consummation of an acquisition unless and until Defendants comply with their duties to maximize stockholder value and to provide Company stockholders with all material information necessary to make a fully informed decision on whether to approve the acquisition. The case is a direct stockholder class action brought by Plaintiff individually and on behalf of the holders of Mead Johnson Nutrition Company common stock against Mead Johnson, the Company's Board of Directors, Reckitt Benckiser Group, and Reckitt subsidiary Marigold Merger Sub, Inc., arising out of the proposed acquisition of Mead Johnson by Reckitt (the "Acquisition"). In pursuing the Acquisition, each of the Defendants has violated applicable law by directly breaching and/or aiding and abetting the other Defendants' breaches of their fiduciary duties of loyalty, due care, good faith, and/or full disclosure owed to Plaintiff and other similarly situated Mead Johnson stockholders. On February 10, 2017, Mead Johnson and Reckitt announced that they had entered into a definitive merger agreement. Under the Merger Agreement, Mead Johnson's stockholders stand to receive $90 in cash for each share of Mead Johnson common stock they own. The Acquisition represents a total equity value of approximately $16.6 billion. In connection with the Acquisition, says the Plaintiff, Mead Johnson's Board failed to adequately discharge its fiduciary duties to the Company's public stockholders, by inter alia: (i) failing to ensure that the stockholders will receive maximum value for their shares; (ii) utilizing preclusive corporate and deal protection mechanisms to inhibit an alternate transaction; and (iii) failing to conduct an appropriate sales process. The Plaintiff is represented by: David T. Wissbroecker, Esq. James E. Barz, Esq. Frank Richter, Esq. ROBBINS GELLER RUDMAN & DOWD LLP S. Wacker Drive, 31st Floor 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: (619) 231 1058 Facsimile: (619) 231 74232 - and - JOHNSON & WEAVER, LLP W. SCOTT HOLLEMAN 99 Madison Avenue, 5th Floor New York, NY 10016 Telephone: (212) 802 1486 Facsimile: (212) 602 1592 MERCANTILE ADJUSTMENT: Illegally Collects Debt, "Leifer" Says ------------------------------------------------------------- Chaya Leifer, on behalf of herself and all other similarly situated consumers v. Mercantile Adjustment Bureau, LLC, Case No. 1:17-cv-00981 (E.D.N.Y., February 21, 2017), seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Mercantile Adjustment Bureau, LLC operates a full service, nationally licensed collections and accounts receivable management firm located at 165 Lawrence Bell Dr, Williamsville, NY 14221. The Plaintiff is represented by: Maxim Maximov, Esq. MAXIM MAXIMOV, LLP 1701 Avenue P Brooklyn, NY 11229 Telephone: (718) 395-3459 Facsimile: (718) 408-9570 E-mail: m@maximovlaw.com MIDLAND FUNDING: Illegally Collects Debt, "Coyne" Suit Claims ------------------------------------------------------------- David Coyne, on behalf of himself and all others similarly situated v. Midland Funding LLC, Midland Credit Management, Inc., and Messerli & Kramer P.A., Case No. 0:17-cv-00500-PAM-TNL (D. Minn., February 17, 2017), seeks to stop the Defendant's unfair and unconscionable means to collect a debt. The Defendants own and operate a debt collection firm in Minnesota. The Plaintiff is represented by: Robert L. Hyde, Esq. HYDE & SWIGART 2221 Camino del Rio South, Ste. 101 San Diego, CA 92108 Telephone: (619) 233-7770 Facsimile: (619) 297-1022 E-mail bob@westcoastlitigation.com - and - Anthony P. Chester, Esq. HYDE & SWIGART 120 S. 6th St., Suite 2050 Minneapolis, MN 55402 Telephone: (952) 225-5333 Facsimile: (800) 635-6425 E-mail tony@westcoastlitigation.com NATIONAL AMUSEMENTS: "Smith-Berry" Suit Seeks Unpaid Wages ---------------------------------------------------------- TREMAYNE SMITH-BERRY; and all others similarly situated, the Plaintiffs, v. NATIONAL AMUSEMENTS, INC., d/b/a SHOWCASE CINEMAS; MICHAEL G. KSZYSTYNIAK, individually; SHARI REDSTONE, the Defendants, Case No. 17-0491B (Mass. Super. Ct., Feb. 16, 2017), seeks to recover treble damages, interest, costs, reasonable attorneys' fees and further consequential damages under Massachusetts General Laws. Showcase sells various food items to patrons that are primarily intended for consumption on the premises including, without limitation fresh popped popcorn, chips, candy, and ice cream. Showcase also sells patrons additional food items including soft drinks and confectionaries. Based on these sales, Showcase is a "store" as defined by 830 CMR 64H.6.5. Showcase does not pay the Plaintiff or any of its other wait staff employees and/or service bartenders an hourly rate equal to one and one halftimes their regular hourly rate for each hour that they worked on. Showcase owns and operates approximately 11 different movie theaters throughout Massachusetts. The Plaintiff is represented by: Brook S. Lane, Esq. John P. Regan, Esq. Regan Lane LLP 43 Bowdoin Street, Suite A Boston, MA 02114 Telephone: (857) 277 0902 Facsimile: (617) 507 3476 E-mail: blane@reganlane.com jregan@reganlane.com NATIONSTAR MORTGAGE: Faces "Ray" Suit in M. D. Ala. --------------------------------------------------- A class action lawsuit has been commenced against Nationstar Mortgage LLC of Delaware d/b/a Champion Mortgage Company The case is captioned Harold Ray, on behalf of himself and all others similarly situated v. Nationstar Mortgage LLC of Delaware d/b/a Champion Mortgage Company, Case No. 2:17-cv-00099-WHA-SRW (M.D. Ala., February 17, 2017). Nationstar Mortgage LLC is a debt collection company headquartered in Lewisville, Texas. The Plaintiff is represented by: Joseph Holland Aughtman, Esq. THE AUGHTMAN LAW FIRM 1772 Platt Place Montgomery, AL 36117 Telephone: (334) 215-9873 Facsimile: (334) 213-5663 E-mail: jay@aughtmanlaw.com NEXTGEN LEADS: Faces "Hayes" Class Suit in E.D. California ---------------------------------------------------------- A class action lawsuit has been commenced against NextGen Leads, LLC. The case is captioned Susan Hayes, individually and on behalf of all others similarly situated v. NextGen Leads, LLC, Case No. 2:17-cv-00324-MCE-GGH (E.D. Cal., February 14, 2017). NextGen Leads provides insurance leads, using technology to streamline the lead buying experience from end to end. The Plaintiff is represented by: Todd M. Friedman, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St., Suite 780 Woodland Hills, CA 91367 Telephone: (877) 619-8966 Facsimile: (866) 633-0228 E-mail: tfriedman@toddflaw.com NORDSTROM INC: Faces "Keating" Class Suit in Alabama ---------------------------------------------------- A class action lawsuit has been commenced against Nordstrom, Inc. The case is captioned Maureen Keating, on her own behalf and on behalf of all others similarly situated v. Nordstrom, Inc., Case No. 3:17-cv-00030-SLG (D. Ala., February 16, 2017). Nordstrom, Inc. is an American chain of luxury department stores headquartered in Seattle, Washington. The Plaintiff is represented by: Jason E. Skala, Esq. LAW OFFICE OF JASON SKALA, LLC 11517 Old Glenn Highway, Suite 202 Eagle River, AK 99577 Telephone: (907) 694-6633 Facsimile: (907) 694-6001 E-mail: jayskala@hotmail.com NPL CONSTRUCTION: "Alfaro" Class Suit Removed to C.D. Calif. ------------------------------------------------------------ The class action lawsuit styled Josue Alfaro, an individual, on behalf of himself and others similarly situated v. NPL Construction Co. and Does 1 thru 50, inclusive, Case No. CIVDS1616353, was removed from the San Bernardino County Superior Court to the U.S. District Court for the Central District of California. The District Court Clerk assigned Case No. 5:17-cv- 00294-JGB-KK to the proceeding. The case asserts labor-related claims. NPL Construction Co. is an infrastructure services contractor that provides energy and information systems services to investor-owned and municipal local energy distribution companies throughout the United States. The Plaintiff is represented by: Eric B. Kingsley, Esq. Liane Katzenstein Ly, Esq. KINGSLEY AND KINGSLEY APC 16133 Ventura Boulevard Suite 1200 Encino, CA 91436 Telephone: (818) 990-8300 Facsimile: (818) 990-2903 E-mail: eric@kingsleykingsley.com lkatzenstein@kingsleykingsley.com - and - Walter L. Haines, Esq. UNITED EMPLOYEES LAW GROUP PC 5500 Bolsa Avenue Suite 201 Huntington Beach, CA 92649 Telephone: (310) 234-5678 Facsimile: (310) 652-2242 E-mail: walter@whaines.com The Defendant is represented by: Julie E. Patterson, Esq. Alisha Ansari, Esq. BRYAN CAVE LLP 3161 Michelson Drive Suite 1500 Irvine, CA 92612-4414 Telephone: (949) 223-7000 Facsimile: (949) 223-7100 E-mail: jepatterson@bryancave.com alisha.ansari@bryancave.com OLIVER EXTERMINATING: "Aquino" Suit Seeks OT Pay for Fumigators --------------------------------------------------------------- FELIX ADOLFO AQUINO and all others similarly situated under 29 U.S.C. 216(b), Plaintiff, vs. OLIVER EXTERMINATING CORP. d/b/a GUARANTEE FLORIDIAN EXTERMINATING CO., RENTOKIL NORTH AMERICA, INC. d/b/a GUARANTEE FLORIDIAN PEST CONTROL, Defendants, Case No. 1:17-cv-20684-JEM (S.D. Fla., February 22, 2017), alleges that Plaintiff worked an average of 66 hours a week for Defendants and was paid an average of $8.00 per hour but was never paid the extra half time rate for any hours worked over 40 hours in a week as required by the Fair Labor Standards Act. Plaintiff therefore seeks payment for the half time overtime rate for each hour worked above 40 in a week. OLIVER EXTERMINATING CORP. offers pest control services. Plaintiff worked for Defendants as a fumigator. The Plaintiff is represented by: J.H. Zidell, Esq. J.H. ZIDELL, P.A. 300 71st Street, Suite 605 Miami Beach, FL 33141 Phone: (305) 865-6766 Fax: (305) 865-7167 Email: ZABOGADO@AOL.COM OPTIMUM PERSONAL: "Reyes" Suit Seeks Unpaid OT Wages Under FLSA --------------------------------------------------------------- KRISTY REYES on behalf of herself, individually and ALL OTHERS SIMILARLY SITUATED, the Plaintiff, v. OPTIMUM PERSONAL CARE INC., the Defendant, Case No. 4:17-cv-00513 (S.D. Tex., Feb. 16, 2017), seeks to recover unpaid overtime wages under the Fair Labor Standards Act (FLSA). The action seeks equitable relief, compensatory and liquidated damages, attorney's fees, taxable costs of court, and post- judgment interest for Defendant's willful failure to pay overtime wages and compensation for hours worked, but not recorded or paid. The Defendant required Plaintiff and all others similarly situated to perform all necessary work to include the performance of those duties otherwise typically performed by "hourly" employees which routinely required Plaintiff and other similarly situated employees to work "overtime" and "off-the-clock" hours for which they failed to receive overtime compensation as required by FLSA. The Defendant is in the hospice care business. The Plaintiff is represented by: Taft L. Foley, II, Esq. THE FOLEY LAW FIRM 3003 South Loop West, Suite 108 Houston, TX 77054 Telephone: (832) 778 8182 Facsimile: (832) 778 8353 E-mail: Taft.Foley@thefoleylawfirm.com ORACLE AMERICA: "Johnson" Suit Seeks Unpaid Commissions ------------------------------------------------------- Marcella Johnson, on behalf of herself and all others similarly situated, Plaintiff, v. Oracle America, Inc., Defendant, Case No. 3:17-cv-00725, (N.D. Cal., February 14, 2017) seeks to recover unpaid wages, waiting time penalties, reasonable attorneys fees and costs and all other appropriate relief. Plaintiff was a former sales representative employed by Oracle. She seeks commission wages unlawfully withheld by Oracle in violation of their contract and the California Labor Code. Defendant is represented by: David Sanford, Esq. SANFORD HEISLER, LLP 1666 Connecticut Avenue N.W., Suite 300 Washington, DC 20009 Telephone: (202) 499-5201 Facsimile: (202) 499-5119 Email: dsanford@sanfordheisler.com - and - Felicia Medina, Esq. Xinying Valerian, Esq. SANFORD HEISLER, LLP 111 Sutter Street, Suite 975 San Francisco, CA 94104 Telephone: (415) 795-2020 Facsimile: (415) 795-2021 Email: fmedina@sanfordheisler.com xvalerian@sanfordheisler.com - and - Eric C. Kastner, Esq. Daniel H. Qualls, Esq. KASTNER KIM LLP 1451 Grant Road, Suite 104 Mountain View, CA 94040 Telephone: (650) 967-7854 Facsimile: (650) 386-1885 Email: eck@kastnerkim.com dhq@kastnerkim.com OVERWATCH ENTERPRISES: "Miranda" Suit Seeks Wages Under FLSA ------------------------------------------------------------ HECTOR MIRANDA, MICHAEL HERNANDEZ and OSCAR MALDONADO, individually, and on behalf of all others similarly situated, the Plaintiffs, v. OVERWATCH ENTERPRISES, LLC and DAVID LANCE ROSE, individually, the Defendants, Case No. 5:17-cv-00117 (W.D. Tex., Feb. 16, 2017), seeks to recover unpaid wages owed to Plaintiffs resulting from Defendants' violation of the Fair Labor Standards Act (FLSA). Overwatch Enterprises, LLC and David Lance Rose, one of Overwatch Enterprises, LLC's managing members violated the FLSA, by failing to pay their security guard employees for all hours worked and for overtime, the complaint says. Defendants own and operate a security firm offering turnkey video surveillance, gate guard, and reporting solutions to oil and gas companies throughout Texas, Louisiana, and Canada. Defendants employ hundreds of employees. The Plaintiffs are represented by: Jennifer J. Spencer, Esq. SPENCER SCOTT PLLC Three Forest Plaza 12221 Merit Dr., Suite 160 Dallas, TX 75251 Telephone: (972) 458 5301 Facsimile: (972) 770 2156 E-mail: jspencer@spencerscottlaw.com PARAMOUNT EQUITY: Faces "Titus" Wage-and-Hour Suit -------------------------------------------------- DENISE TITUS, an individual, the Plaintiff, v. PARAMOUNT EQUITY MORTGAGE, LLC; and DOES 1-100, inclusive, the Defendants, Case No. 2:17-at-00156 (E.D. Cal., Feb. 16, 2017), seeks to recover actual, compensatory, special, and general damages as well as restitutionary relief to Plaintiff and the members of the Class under the Labor Code. Mrs. Titus and all of Paramount Equity's hourly, non-exempt employees who received commissions, non-discretionary bonuses and/or other items of compensation and worked more than 8 hours in a day or 40 hours in a workweek were not adequately paid for all of the overtime they worked, the Complaint says. Paramount Equity Mortgage, a residential mortgage banking company, provides various financial products and services to individuals and families. The Plaintiff is represented by: William J. Gorham, Esq. Nicholas J. Scardigli, Esq. Robert J. Wasserman, Esq. Vladimir J. Kozina, Esq. MAYALL HURLEY P.C. 2453 Grand Canal Boulevard Stockton, CA 95207-8253 Telephone: (209) 477 3833 Facsimile: (209) 473 4818 E-mail: wgorham@mayallaw.com nscardigli@mayallaw.com rwasserman@mayallaw.com vjkozina@mayallaw.com PERFECTION AUTO: Faces "Garcia" Suit Under FLSA, NY Labor Law ------------------------------------------------------------- OSCAR GARCIA, Individually and on Behalf of All Others Similarly Situated, Plaintiff, against PERFECTION AUTO BODY SERVICES, INC., and DAVID MANDEL, Jointly and Severally, Defendants, Case No. 2:17-cv-00998 (E.D.N.Y., February 22, 2017), alleges that while working for Defendants, Plaintiff typically worked well in excess of 40 hours per week performing nonexempt work, yet was paid on a salary basis with no overtime premiums for hours worked over 40 in a given workweek in violation of the Fair Labor Standards Act. In addition, Plaintiff also allegedly never received spread-of-hours premiums when working shifts in excess of 10 hours and did not receive wage notices or wage statements, as required by the New York Labor Law. Plaintiff is a former detail employee at Defendants' auto body detail and general automotive services and repair shop located in Port Washington, New York. The Plaintiff is represented by: Brent E. Pelton, Esq. PELTON GRAHAM LLC Taylor B. Graham (TG 9607) 111 Broadway, Suite 1503 New York, NY 10006 Phone: (212) 385-9700 Web site: http://www.peltongraham.com E-mail: pelton@peltongraham.com graham@peltongraham.com PETROPLEX PIPE: "Hobbs" Suit Hits Misclassification as Contractor ----------------------------------------------------------------- Joseph Hobbs and Drake Feeney, individually and on behalf of all others similarly situated, Plaintiffs, v. Petroplex Pipe and Construction, Inc., Defendant., Case No. 7:17-cv-00030, (W.D. Tex., February 13, 2017), seeks unpaid wages for overtime compensation due, liquidated damages, reasonable attorney's fees, costs and expenses of this action and such other relief under the Fair Labor Standards Act. Petroplex is a supplier of oilfield services to the oil and natural gas industry. It provides various oil field services products, technology and systems to the oil and gas industry in the West Texas area. Plaintiffs worked for Petroplex as welders. They claim to be misclassified as independent contractor, thus denied the basic benefits of employment. Plaintiff is represented by: Chris R. Miltenberger, Esq. THE LAW OFFICE OF CHRIS R. MILTENBERGER, PLLC 1340 N. White Chapel, Suite 100 Southlake, TX 76092-4322 Tel: (817) 416-5060 Fax: (817) 416-5062 Email: chris@crmlawpractice.com PHB INC: Unpaid Overtime Sought in "Clemons" Labor Suit ------------------------------------------------------- Jimmie Clemons, Individually and on behalf of those similarly situated, Plaintiff, v. PHB, Inc., Robert W. Browning, Pamela H. Browning and E-Transport Group, Inc., Defendants, Case No. 3:17- cv-00417, (M.D. Tex., February 13, 2017), seeks to recover all unpaid overtime wages, liquidated damages, prejudgment interest, post-judgment interest, costs of court and attorney's fees under the Fair Labor Standards Act of 1938. Plaintiff was hired by E-Trans to work for PHB, spotting truck trailers at a Home Depot distribution warehouse located at 2320 Beckleymead Ave., Dallas, Dallas County, Texas 75232, moving 53- foot truck trailers on or about its premises, between the storage yard, where trailers are temporarily parked and the loading docks. Plaintiff is represented by: Roger D. Marshall, Esq. 10604 Corvallis Dr. Dallas, TX 75229 Tel: (214) 850-1989 Fax: (214) 363-4833 E-mail: Rmarsh9558@aol.com PPI INC: "Casabo" Files Suit Over Sub-Minimum Wage Rates -------------------------------------------------------- Mark Casabo, Plaintiff, v. PPI, INC., a Florida Corporation d/b/a Isle Casino Racing Pompano Park, Case No. 0:17-cv-60272, (S.D. Fla., February 3, 2017), seeks damages and relief, including liquidated damages, attorneys' fees, costs and expenses as required by the Fair Labor Standards Act (FLSA). Plaintiff was a poker dealer at the Defendant's casino. Casabo, on behalf of himself and all others similarly situated, by and through his undersigned counsel, sues the Defendant for allegedly failing to comply with the tip-credit requirements under the FLSA thus rendering his wages below minimum wage rates. Plaintiff is represented by: Christopher J. Whitelock, Esq. WHITELOCK & ASSOCIATES, P.A. 300 Southeast Thirteenth Street Fort Lauderdale, FL 33316 Telephone: (954) 463-2001 Facsimile: (954) 463-0410 PROCTER & GAMBLE: "Laiosa" Files Suit Over Old Spice(R) Deodorant ----------------------------------------------------------------- DAVE LAIOSA, JOSE TOLEDO, SYLVIA ANDERSON (on behalf of herself and JOHN DOE, in her capacity as guardian), and ADRIAN MCCOY II, individually, Case No. v. THE PROCTER & GAMBLE COMPANY, Defendant, Case No. 7:17-cv-00441 (S.D.N.Y., January 20, 2017), seeks redress on behalf of Plaintiffs and of a proposed class of people who have allegedly suffered bodily injury, including irritation, rashes, chemical burns, as a result of using Procter & Gamble Company's Old Spice(R) deodorant products. Defendant Procter & Gamble is a multinational consumer goods company. The Plaintiffs are represented by: Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 30 East 39th Street, Second Floor New York, NY 10016 Phone: 212-465-1180 Fax: 212-465-1181 PROFESSIONAL PLACEMENT: "Taylor" Suit Removed to N.D. Georgia ------------------------------------------------------------- The class action lawsuit captioned Morgan A. Taylor, on behalf of herself and all others similarly situated v. Professional Placement Services, LLC, Case No. 16CV12181, was removed from the Superior Court of DeKalb County to the U.S. District Court for the Northern District of Georgia (Atlanta). The District Court Clerk assigned Case No. 1:17-cv-00599-CAP to the proceeding. The case asserts violation of the Telephone Consumer Protection Act. Professional Placement Services, LLC is a service collection agency specializing in government, retail and medical industry collections, and commercial accounts receivable. The Plaintiff is represented by: Clifton Dorsen, Esq. James Marvin Feagle, Esq. SKAAR AND FEAGLE Suite B, 2374 Main Street Tucker, GA 30084 Telephone: (404) 373-1978 Facsimile: (404) 601-1855 E-mail: cdorsen@skaarandfeagle.com jfeagle@skaarandfeagle.com - and - Justin Tharpe Holcombe, Esq. Kris Kelly Skaar, Esq. SKAAR & FEAGLE, LLP 133 Mirramont Lake Drive Woodstock, GA 30189 Telephone: (770) 427-5600 Facsimile: (404) 601-1855 E-mail: jholcombe@skaarandfeagle.com krisskaar@aol.com The Defendant is represented by: John H. Bedard , Jr. Michael K. Chapman, Esq. BEDARD LAW GROUP PC 2810 Peachtree Industrial Boulevard, Suite D Duluth, GA 30097 Telephone: (678) 253-1871 ext.244 Facsimile: (378) 860-1873 E-mail: jbedard@bedardlawgroup.com mchapman@bedardlawgroup.com QUALCOMM INC: Kiefer Sues Over Price-Fixing of Modem Chipsets ------------------------------------------------------------- JOHN WILLIAM KIEFER, III, MATTHEW MITCHELL, SUSAN GONZALEZ-PENDER, and TERESE RUSSELL, Individually and on Behalf of All Others Similarly Situated, the Plaintiffs, v. QUALCOMM INCORPORATED, a Delaware Corporation, the Defendant, Case No. 5:17-cv-00785 (N.D. Cal., Feb. 16, 2017), seeks monetary damages, injunctive relief, and any other available remedies to which they are entitled for Qualcomm's unlawful conduct. The lawsuit is brought against the Defendant for anticompetitively abusing its monopoly power of modem chipsets in cellular devices throughout the world. In doing so, Qualcomm has caused hundreds of millions of unsuspecting consumers to pay supracompetitive prices for these technological devices that are mainstay devices utilized and relied upon ubiquitously around the globe. The Plaintiffs are purchasers of products which use cellular technology, including cellular telephones and computer tablets. In every cellular device, there is a modem chipset -- also called a "baseband processor" -- which allows the device to effectively communicate and transmit voice and data across wireless networks controlled by carriers such as Verizon or Sprint. The Defendant is the largest provider of mobile chips in the world. The Plaintiffs are represented by: Joseph W. Cotchett, Esq. Steven N. Williams, Esq. Philip L. Gregory, Esq. Joyce Chang, Esq. Adam J. Zapala, Esq. Stephanie D. Biehl, Esq. COTCHETT, PITRE & McCARTHY, LLP 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: (650) 697 6000 Facsimile: (650) 697 0577 E-mail: jcotchett@cpmlegal.com swilliams@cpmlegal.com pgregory@cpmlegal.com jchang@cpmlegal.com azapala@cpmlegal.com sbiehl@cpmlegal.com QUALCOMM INC: Carney Files Suit for Chipset Market Monopoly ----------------------------------------------------------- David Carney, Plaintiff, on behalf of himself and all others similarly situated,, v. Qualcomm Incorporated, a Delaware Corporation, Defendant, Case No. 3:17-cv-00743, (N.D. Cal., February 10, 2017), seeks to recover damages, pre- and post- judgment interest, costs of suit, including reasonable attorneys' fees resulting from unjust enrichment and violation of the California state consumer protection statutes, state antitrust and restraint of trade laws, unfair competition law and violation of the Cartwright Act and Sherman Act. Qualcomm is a developer of cellular technology, such as the Code Division Multiple Access (CDMA) standard on which network carriers rely upon. It is the dominant producer of CDMA chipsets and holds the largest number of Standard Essential Patents for CDMA technology incorporated into virtually every relevant cellular standard in the last several years. Plaintiff alleges that Qualcomm has not adhered to fair, reasonable, and non-discriminatory terms, but has instead taken advantage of the standard-setting process to acquire and maintain monopoly control of the modem chipset market by refusing to license and/or impose onerous restrictions on licenses of its patents to competing chipset makers. Plaintiff is represented by: Eric H. Gibbs, Esq. Michael Schrag, Esq. Caroline Corbitt, Esq. GIBBS LAW GROUP LLP 505 14th Street, Suite 1110 Oakland, CA 94612 Telephone: (510) 350-9700 Facsimile: (510) 350-9701 Email: ehg@classlawgroup.com mls@classlawgroup.com ccc@classlawgroup.com RANDOLPH HOTEL: "Mims" Suit Seeks Unpaid Wages, Damages ------------------------------------------------------- Krystal Mims and all others similarly situated, Plaintiff, v. Randolph Hotel, Inc., Defendant, Case No. 8:17-cv-00352, (M.D. Fla., February 13, 2017), seeks unpaid wages, liquidated damages, and reasonable attorney's fees and costs under the Fair Labor Standards Act. Plaintiff worked for Randolph Hotel located in Pinellas County. She alleges that the said hotel does not maintain accurate time- keeping facilities thus failing to account for her actual work hours. Plaintiff is represented by: W. John Gadd, Esq. Bank of America Building 2727 Ulmerton Rd. Ste. 250 Clearwater, FL 33762 Tel. (727)524-6300 Email: wjg@mazgadd.com RAYMOURS FURNITURE: Has Made Unsolicited Calls, Action Claims ------------------------------------------------------------- Scott Borecki, individually and on behalf of all others similarly situated v. Raymours Furniture Company, Inc. d/b/a Raymour & Flanigan, Case No. 1:17-cv-01188 (S.D.N.Y., February 16, 2017), seeks to stop the Defendants' practice of using an artificial and prerecorded voice to deliver a message without prior express consent of the called party. Raymours Furniture Company, Inc. is a furniture retail chain, based in the Northeastern United States. The Plaintiff is represented by: Armando Aguirre Ortiz, Esq. Joseph A. Fitapelli, Esq. FITAPELLI & SCHAFFER LLP 28 Liberty Street New York, NY 10005 Telephone: (212) 300-0375 Facsimile: (212) 481-1333 E-mail: aortiz@fslawfirm.com jfitapelli@fslawfirm.com RELIANT SERVICE: Has Made Unsolicited Calls, "Friedman" Suit Says ----------------------------------------------------------------- Todd Friedman, individually and on behalf of all others similarly situated v. Reliant Service Group, LLC d/b/a Reliant Funding, Case No. 3:17-cv-00331-JM-BGS (S.D. Cal., February 17, 2017), seeks to stop the Defendants' practice of using an artificial and prerecorded voice to deliver a message without prior express consent of the called party. Reliant Service Group, LLC provides alternative lending solutions to businesses in the United States. The Plaintiff is represented by: Nicholas J. Bontrager, Esq. MARTIN & BONTRAGER, APC 6464 W. Sunset Blvd., Suite 960 Los Angeles, CA 90028 Telephone: (323) 940-1700 Facsimile: (323) 238-8095 E-mail: Nick@mblawapc.com REVENUE ASSISTANCE: "Melillo" Seeks OT Pay for Off-the-Clock Work ----------------------------------------------------------------- Jamie Melillo, on behalf of himself and all others similarly situated, Plaintiffs, v. Revenue Assistance Corporation, Defendant, Case No. 1:17-cv-00309, (N.D. Ohio, February 14, 2017), seeks unpaid overtime compensation as well as liquidated damages, attorneys' fees and costs pursuant to the Fair Labor Standards Act. Defendants provide telesales services, debt collection and debt management services to customers and clients across the United States. Plaintiff worked as sales consultant/telesale representative. Melillo seeks overtime pay for off-the-clock work rendered. The Plaintiff is represented by: Joseph F. Scott, Esq. Ryan A. Winters, Esq. SCOTT & WINTERS LAW FIRM, LLC The Superior Building 815 Superior Avenue E., Suite 1325 Cleveland, OH 44114 Tel: (440) 498-9100 Email: jscott@ohiowagewlawyers.com rwinters@ohiowagelawyers.com - and - Kevin M. McDermott II, Esq. MCDERMOTT LAW LLC 11925 Pearl Road, Suite 310 Strongsville, OH 44136 Telephone: 216-367-9181 Facsimile: 440-846-1625 Email: kevin@mcdermottattorney.com - and - Mark S. Shearer, Esq. 11925 Pearl Road, Suite 310 Strongsville, OH 44136 Telephone: 440-846-1629 Facsimile: 440-846-1625 Email: markshearerlawyer@att.net SANOFI US: Suit Over Overpriced Insulin Terminated -------------------------------------------------- A class action lawsuit filed by plaintiffs who bought insulin at exorbitant prices was terminated on February 2, 2017, pursuant to a notice Notice of Voluntary Dismissal filed by all plaintiffs, according to a case docket entry. Plaintiffs brought this action on behalf of themselves and all others similarly situated under Federal Rule of Civil Procedure 23(a) and (b)(3), as representatives of a class who purchased Lantus, Levemir, Novolog, and/or Humalog at inflated prices. Plaintiff sought to recover damages, costs of suit and reasonable attorneys' fees resulting from unlawful monopolization of the United States market for insulin in violation of the Racketeer Influenced and Corrupt Organizations Act and various state consumer protection laws. The case is Donald Chaires, George Denault, Jane Doe, John Doe, Brittany Gilleland, Gerald Girard, Sara Hasselbach, Lindsey Kinhan, Joseph Mclaughlin, Matthew Teachman and Karyn Wofford, Plaintiffs, v. Sanofi U.S., Novo Nordisk Inc., and Eli Lilly and Company, Defendants, Case No. 1:17-cv-10158, (D. Mass., January 30, 2017). Sanofi U.S., Novo Nordisk Inc. and Eli Lilly and Company manufacture insulin used to treat diabetes and sell through bulk drug distributors known as pharmacy benefit managers that serve as middlemen between health insurers and drug manufacturers and are alleged of excessive profiting of the said drug. Sanofi U.S. is a Delaware limited liability corporation with its principal place of business located at 55 Corporate Drive, Bridgewater, New Jersey 08807. Sanofi manufactures Lantus used for the treatment of diabetes. Novo Nordisk Inc. is a Delaware corporation and has its principal place of business at 800 Scudders Mill Road, Plainsboro, New Jersey 08536. It manufactures Novolog and Levemir, which are used for the treatment of diabetes. Eli Lilly and Company is a corporation organized and existing under the laws of the State of Indiana and has a principal place of business at Lilly Corporate Center, Indianapolis, Indiana 46285. It manufactures Humalog, which is used for the treatment of diabetes. Plaintiff is represented by: Steve W. Berman, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 1918 Eighth Avenue, Suite 3300 Seattle, WA 98101 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 Email: steve@hbsslaw.com - and - Thomas M. Sobol, Esq. Hannah Brennan, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 55 Cambridge Parkway, Suite 301 Cambridge, MA 02142 Tel: (617) 482-3700 Fax: (617) 482-3003 Email: tom@hbsslaw.com hannahb@hbsslaw.com SEVENTY SEVEN: Faces "Comeaux" Suit Over Patterson-UTI Merger ------------------------------------------------------------- MARIA COMEAUX, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. SEVENTY SEVEN ENERGY INC., JERRY L. WINCHESTER, VICTOR DANH, ANDREW AXELROD, DOUGLAS J. WALL, DAVID KING, EDWARD J. DIPAOLO, and STEVEN HINCHMAN, Defendants, Case No. 5:17-cv-00191-M (W.D. Okla., February 22, 2017), alleges that in connection with the proposed merger between Seventy Seven Energy and Patterson-UTI Energy, Inc., the Board of Seventy Seven authorized the filing of a materially incomplete and misleading joint proxy statement/prospectus. In particular, the Proxy allegedly contains materially incomplete and misleading information concerning: (i) financial projections for the Company and Patterson-UTI; (ii) the valuation analyses performed by the Company's financial advisor, Morgan Stanley & Co., in support of its fairness opinion; and (iii) certain conflicts of interest faced by Morgan Stanley and Individual Defendant Douglas Wall. The Company operates as a diversified oilfield services company. The Plaintiff is represented by: C. Michael Copeland, Esq. Jack L. Brown, Esq. 15 E. 5th Street, Suite 3800 Tulsa, OK 74103 Phone: 918-581-8200 - and - Juan E. Monteverde, Esq. MONTEVERDE & ASSOCIATES PC The Empire State Building 350 Fifth Avenue, 59th Floor New York, NY 10118 Phone: (212) 971-1341 E-mail: jmonteverde@monteverdelaw.com ST JOHN'S UNIVERSITY: Made Unsolicited Calls, Says Bobo's Suit -------------------------------------------------------------- Bobo's Drugs, Inc. d/b/a Davis Islands Pharmacy, individually and as the representatives of a class of similarly-situated persons v. St. John's University and Getaway Seminars, Inc., Case No. 8:17- cv-00372-VMC-AEP (M.D. Fla., February 15, 2017), seeks to stop the Defendants' practice of using an artificial and pre-recorded voice to deliver a message without prior express consent of the called party. St. John's University is a private, Roman Catholic, Research University located in New York City. Getaway Seminars, Inc. operates a travel agency located at 62 Hewitt Ave, Staten Island, NY 10301. The Plaintiff is represented by: Phillip Bock, Esq. BOCK, HATCH, LEWIS & OPPENHEIM, LLC 134 N La Salle Street, Suite 1000 Chicago, IL 60602 Telephone: (312) 658-5500 Facsimile: (312) 658-5555 E-mail phil@classlawyers.com STAR ISLAND: "Murin" Suit Seeks Unpaid Minimum Wages Under FLSA --------------------------------------------------------------- ERICA MURIN, PIERRE PAGE and all those similarly situated, the Plaintiff, v. STAR ISLAND ENTERTAINMENT, LLC d/b/a Icon Miami; EMILIO GUERRA; LUIS PUIG; JUSTIN LEVINE; and ROMAN K. JONES, the Defendant, Case No. 1:17-cv-20614-FAM (S.D. Fla., Feb. 16, 2017), seeks to recover unpaid minimum wages, equivalent amount in liquidated damages, interest, reasonable attorney's fees, costs, and pre- and post-judgment interest under Fair Labor Standards Act (FLSA). The Plaintiffs sue the Defendants for violations of the FLSA. Additionally, Plaintiffs Murin and Page sue the Corporate Defendant for violations of Florida Law and Breach of Contract for failing to pay earned but unpaid wages. The Defendants failed to pay appropriate wages for the final month of their employees' employment. The Plaintiffs allege on behalf of herself and other current and former waiters, waitresses, hosts, and hostesses who elect to opt in to this action that they are entitled to unpaid minimum wages due to the failure to pay complete wages for roughly the last month of their employment. Star Island is in the entertainers and entertainment groups business. The Plaintiff is represented by: Ed Rosenberg, Esq. SORONDO ROSENBERG LEGAL, PA E-mail: rer@sorondorosenberg.com 1825 Ponce de Leon Blvd. No. 329 Coral Gables, FL 33134 Telephone: (786) 708 7550 STARION ENERGY: Faces "Eisenband" Suit in S. D. Fla. ---------------------------------------------------- A class action lawsuit has been commenced against Starion Energy, Inc. The case is captioned Dziyana Lazarevich Eisenband, individually and on behalf of all others similarly situated v. Starion Energy, Inc., Case No. 9:17-cv-80195-KAM (S.D. Fla., February 17, 2017). Starion Energy, Inc. operates as a licensed electricity supplier in the deregulated power markets of Connecticut and other states in the United States. The Plaintiff is represented by: Albert D. Gibson, Esq. THE GIBSON LAW FIRM, P.A. 9858 Clint Moore Road, C111 #293 Boca Raton, FL 33496 Telephone: (561) 501-7858 E-mail: service@gibsonlawfirmpa.com - and - Manuel Santiago Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Blvd. Ste 1400 Fort Lauderdale, FL 33394 Telephone: (954) 400-4713 E-mail: mhiraldo@hiraldolaw.com STEMLINE THERAPEUTICS: "Soileau" Sues Over Share Price Drop ----------------------------------------------------------- Edward A. Soileau, individually and on behalf of all others similarly situated, Plaintiff, v. Stemline Therapeutics, Inc., Ivan Bergstein and Kenneth Hoberman, Defendants, Case No. 1:17-cv- 01003, (S.D. N.Y., February 10, 2017), seeks compensatory damages including interest, reasonable costs and expenses incurred in this action, including counsel fees and expert fees, equitable and/or injunctive relief and such other and further relief under the Securities Exchange Act of 1934. Stemline Therapeutics is clinical stage biopharmaceutical company focused on discovering, acquiring, developing and commercializing proprietary oncology therapeutics. The company is currently developing three clinical stage product candidates. Its lead product is SL-401, a targeted therapy directed to the interleukin- 3 receptor, or IL-3R (CD123). CD123 is present on a wide range of hematologic cancers, multiple myeloma, blastic plasmacytoid dendritic cell neoplasm (BPDCN) and chronic myeloid leukemia. The Company failed to disclose that a patient had died in the BPDCN Trial from capillary leak syndrome immediately prior to the company's stock offering. News about the death in the BPDCN Trial resulted in the stock price declining from $9.75 per share of Stemline Therapeutics stock on February 1, 2017, to close at $5.60 per share on February 2, 2017, a drop of approximately 43%. Plaintiff purchased Stemline Therapeutics securities at artificially inflated prices and suffered significant losses and damages. Plaintiff is represented by: Samuel H. Rudman Mario Alba Jr. ROBBINS GELLER RUDMAN & DOWD LLP 58 South Service Road, Suite 200 Melville, NY 11747 Telephone: (631) 367-7100 Fax: (631) 367-1173 Email: srudman@rgrdlaw.com malba@rgrdlaw.com - and - David C. Walton, Esq. 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: (619) 231-1058 Fax: (619) 231-7423 Email: davew@rgrdlaw.com - and - Frank J. Johnson, Esq. JOHNSON & WEAVER, LLP 600 West Broadway, Suite 1540 San Diego, CA 92101 Telephone: (619) 230-0063 Fax: (619) 255-1856 Email: frankj@johnsonandweaver.com - and - W. Scott Holleman, Esq. JOHNSON & WEAVER, LLP 99 Madison Avenue, 5th Floor New York, NY 10016 Telephone: (212) 802-1486 Fax: (212) 602-1592 Email: scotth@johnsonandweaver.com STONER BOATWORKS: Faces "Romero" Wage-and-Hour Class Suit --------------------------------------------------------- YOSVANI ROMERO, individually and others similarly situated individuals, the Plaintiff(s), v. STONER BOATWORKS, INC., a Florida Profit Corporation, individually; JONATHAN M. STONER, individually; and JOSHUA STONER, individually, the Defendants, Case No. 1:17-cv-20601-JEM (S.D. Fla., Feb. 16, 2017), seeks to recover damages exceeding $15,000 excluding attorney's fees or costs for unpaid wages under the Fair Labor Standards Act (FLSA). The Plaintiff worked in excess of 40 hours per week. The Plaintiff was not paid at the proper overtime rate for hours worked in excess of 40 each week. Stoner Boatworks makes unique boats for avid fishermen. The Plaintiff is represented by: Anthony M. Georges-Pierre, Esq. REMER & GEORGES-PIERRE, PLLC 44 West Flagler St., Suite 2200 Miami, FL 33130 Telephone: (305) 416 5000 Facsimile: (305) 416 5005 E-mail: agp@rgattorneys.com apetisco@rgpattorneys.com rregueiro@rgpattorneys.com pn@rgpattorneys.com TRANSPORT WORKERS: "Jackson" Suit Alleges Labor Act Violation ------------------------------------------------------------- JEANNA JACKSON, on behalf of herself and other similarly situated persons, Plaintiffs, v. TRANSPORT WORKERS UNION OF AMERICA, LOCAL 556 and TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO (International) Defendants, CIVIL ACTION NO. 3:17-cv-339 (N.D. Tex., February 6, 2017), alleges that Defendant continues to ignore the recall petitions of more than 50% of the eligible membership, both Local and International, of the TRANSPORTATION WORKERS UNION OF AMERICA, LOCAL 556, and thus deprive the members of rights as conferred in the Labor Management Reporting and Disclosure Act and the governing documents of International and Local. TRANSPORTATION WORKERS UNION OF AMERICA, LOCAL 556 is a local labor organization. Plaintiff Jeanna Jackson and the putative class are flight attendants for Southwest Airlines and members of Local 556, and by association, International. The Plaintiff is represented by: Joshua A. Verde, Esq. THE VERDE LAW FIRM, PLLC 4600 Highway 6 North, Suite 320 Houston, TX 77084 Phone: 713-909-4347 Fax: 713-588-2431 E-mail: josh@verde-law.com - and - Temani Adams, Esq. TEMANI ADAMS, PLLC 3824 Cedar Springs Road #179 Dallas, TX 75219 Phone: (469) 288-0888 Fax: (469) 277-3171 E-mail: Temani@TemaniAdams.com UBER TECHNOLOGIES: Monopolizes Ride-Hailing Industry, Suit Says --------------------------------------------------------------- RAYMOND P. MACCAUSLAND, Individually and on Behalf of all Persons Similarly Situated, the Plaintiff, v. UBER TECHNOLOGIES, INC., TRAVIS KALANICK, and GARRETT CAMP, the Defendants, Case No. 1:17- cv-10253-LTS (D. Mass., Feb. 16, 2017), seeks to recover damages in amount to be proven at trial as a direct and proximate result of the Defendants' conspiracy. The case is a class action for monetary damages brought by the Plaintiff, who holds a Hackney Carriage Driver's License and who works as a taxi shift driver in the City of Boston, both individually and on behalf of all other persons similarly situated against the Defendants for unfair and deceptive trade practices, anticompetitive business practices, interference with advantageous business relations, and civil conspiracy. The Defendants all took affirmative steps to achieve the anti-competitive conduct meant to monopolize and restrict the ride-hailing industry, the Complaint alleges. Uber is an online transportation network company headquartered in San Francisco, California. The Plaintiff is represented by: Darin M. Colucci, Esq. E-mail: darin@coluccilaw.com COLUCCI, COLUCCI, MARCUS & FLAVIN, P.C. 424 Adams Street Milton, MA 02186 Telephone: (617) 698 6000 Facsimile: (617) 698 3001 UFP RIVERSIDE: Faces "Feao" Wage-and-Hour Class Suit ---------------------------------------------------- AARON FEAO; individually, and on behalf of other members of the general public similarly situated, the Plaintiff, v. UFP RIVERSIDE, LLC, an unknown business entity; and DOES 1 through 100, inclusive, the Defendants, Case No. BC650850 (Cal. Super. Ct., Feb. 16, 2017), seeks to recover monetary damages under California Labor Code. The Defendants hired Plaintiff and the other class members and classified them as hourly-paid or non-exempt, and failed to compensate them for all hours worked, missed meal periods and/or rest breaks. The Plaintiff is represented by: Edwin Aiwazian, Esq. LAWYERS for JUSTICE, PC 410 West Arden Avenue, Suite 203 Glendale, CA 91203 Telephone: (818) 265 1020 Facsimile: (818) 265 1021 UNITED STATES: Faces "Adams" Class Suit in Federal Court -------------------------------------------------------- A class action lawsuit has been commenced against the USA. The case is captioned Robert Adams, et al., and other similarly situated persons v. USA, Case No. 1:17-cv-00239-EDK (U.S. Fed. Ct., February 21, 2017). The Plaintiff is represented by: John Roy Fabry, Esq. THE CARLSON LAW FIRM 1717 S Interstate Highway 35, Suite 305 Round Rock, TX 78664 Telephone: (512) 671-7277 E-mail jfabry@carlsonattorneys.com UNIVERSITY GENERAL: "Gant" Seeks to Collect Pay Under WARN Act -------------------------------------------------------------- JERALD GANT and RHONDA WHEELER on behalf of themselves and all others similarly situated, Plaintiffs, v. UNIVERSITY GENERAL HOSPITAL, LLC d/b/a FOUNDATION SURGICAL HOSPITAL OF HOUSTON, Defendant, Case No. 4:17-cv-00582 (S.D. Tex., February 22, 2017), seeks to collect alleged unpaid wages and benefits for sixty (60) calendar days pursuant to the Worker Adjustment and Retraining Notification Act. University General Hospital is a general medical and surgical hospital. The Plaintiffs are represented by: Carolyn Carollo, Esq. SNOW SPENCE GREEN LLP 2929 Allen Parkway # 2800 Houston, TX 77019 Phone: (713)335-4800 Fax: (713)335-4848 E-mail: carolyncarollo@snowspencelaw.com - and - Stuart J. Miller, Esq. LANKENAU & MILLER, LLP 132 Nassau Street, Suite1100 New York, NY 10038 Phone: (212) 581-5005 Fax: (212) 581-2122 - and - Mary E. Olsen, Esq. M. Vance McCrary, Esq. THE GARDNER FIRM, PC 210 S. Washington Ave. Mobile, AL 36602 Phone: (251) 433-8100 Fax: (251) 433-8181 - and - THE NLG MAURICE AND JANE SUGAR LAW CENTER FOR ECONOMIC AND SOCIAL JUSTICE 733 St. Antoine, 3rd Floor Detroit, MI 48226 Phone: (313) 962-6540 VERIZON COMMUNICATIONS: Faces "Walraven" Suit Over FCRA Violation ----------------------------------------------------------------- Eric Walraven, individually and on behalf of all others similarly situated v. Verizon Communications, Inc., Case No. 2:17-cv-00803- JS (E.D. Penn., February 21, 2017), is brought against the Defendants for violation of the Fair Credit Reporting Act. Verizon Communications, Inc. is a broadband telecommunications company and the largest U.S. wireless communications service provider. The Plaintiff is represented by: Richard H. Kim, Esq. THE KIM LAW FIRM LLC 1500 Market Street Centre Square West, Suite W-3110 Philadelphia, PA 19102 Telephone: (855) 996-6342 E-mail: rkim@thekimlawfirmllc.com VIP PROTECTIVE: Faces "Greer" Class Suit in California ------------------------------------------------------ A class action lawsuit has been commenced against VIP Protective Services Inc. The case is captioned Devon Greer, individually and on behalf of all others similarly situated v. VIP Protective Services Inc. and Does 1 to 50, inclusive Case No. CGC 17 557109 (Cal. Super. Ct., February 16, 2017). VIP Protective Services Inc. provides executive protection and security services to executives, public figures, entertainers, and business professionals. WINDOW WORLD: "Bendfeldt" Antitrust Suit Transferred to W.D.N.C. ---------------------------------------------------------------- The case captioned MIKE BENDFELDT and BETTY MUHR-BENDFELDT, Plaintiffs, vs. WINDOW WORLD, INC., a North Carolina corporation, and ASSOCIATED MATERIALS, LLC, Defendants, (Case No. 8:15-cv- 00377-JFB-TDT, February 19, 2016) was transferred to the U.S. District Court for the Western District of North Carolina from the U.S. District Court for the District of Nebraska on February 22, 2017 (Case No. 5:17-cv-00039-RLV-DCK): The case was assigned to District Judge Richard Voorhees and Magistrate Judge David Keesler. Deadline to file a motion pro hac vice was March 1, 2017. Associated Materials, LLC's answer was due March 8, 2017. The case alleges, among others, that despite its knowledge of the obligations WW owed as a franchisor to its franchisees and prospective franchisees, WW knowingly, intentionally, and in bad faith failed to make the disclosures required under the federal Franchise Disclosure Rule, both in conjunction with offering new franchise agreements to prospective franchisees, including Plaintiffs, and in conjunction with offering to renew franchise agreements with current and former franchisees, including Plaintiffs. The case alleges fraud, breach of contract, violation of the Robinson-Patman Act, violation of the Racketeer Influenced and Corrupt Organizations Act and violation of the Sherman Antitrust Act. WINDOW WORLD, INC. is generally engaged in the business of selling a license/franchise system to individuals and entities interested in operating a business involving the sale and installation of vinyl replacement windows, doors and siding to the general public. The Plaintiffs are represented by: Jonathan E. Fortman, Esq. LAW OFFICE OF JONATHAN E. FORTMAN 250 Saint Catherine Street Florissant, MO 63031 Phone: (314) 522-2312 Fax: (314) 524-1519 - and - Larry E. Welch, Jr., Esq. WELCH LAW FIRM 1299 Farnam Street, Suite 1220 Omaha, NE 68102 Phone: (402) 341-1200 Fax: (402) 341-1515 - and - Steve A. Miller, Esq. 1625 Larimer Street, Suite 2905 Denver, CO 80202 Phone: (303) 892-9933 Fax: (303) 892-8925 Defendant(s) is represented by: Jessica Blair Vickers, Esq. MANNING FULTON & SKINNER, P.A. PO Box 20389 Raleigh, NC 27619 Phone: (919) 510-9240 E-mail: vickers@manningfulton.com - and - Judson Allen Welborn, Esq. 3605 Glenwood Avenue, Suite 500 Raleigh, NC 27612 Phone: (919) 787-8880 Fax: (919) 787-8902 E-mail: welborn@manningfulton.com - and - Michael F. Coyle, Esq. FRASER, STRYKER LAW FIRM 409 South 17th Street Suite 500, Energy Plaza Omaha, NE 68102 Phone: (402) 341-6000 Fax: (402) 341-8290 - and - Michael T. Medford, Esq. MANNING, FULTON & SKINNER, P.A. P.O. Box 20389 Raleigh, NC 27619 Phone: (919) 787-8880 Fax: (919) 787-8902 E-mail: medford@manningfulton.com - and - Natalie Marie Rice, Esq. MANNING FULTON & SKINNER, PA P.O. Box 20389 Raleigh, NC 27619 Phone: (919) 510-9255 E-mail: nrice@manningfulton.com - and - Robert W. Futhey, Esq. FRASER, STRYKER LAW FIRM 409 South 17th Street Suite 500, Energy Plaza Omaha, NE 68102 Phone: (402) 341-6000 Fax: (402) 341-8290 ZESTY INC: Faces "Devries" Class Suit in California --------------------------------------------------- A class action lawsuit has been commenced against Zesty Inc. and Does 1-50. The case is captioned Sean Devries, for himself and on behalf of all others similarly situated v. Zesty Inc. and Does 1- 50, Case No. CGC 17 557211 (Cal. Super. Ct., February 21, 2017). Zesty Inc. operates a food technology company that provides an online service that allows users to order a healthy meal for takeout or delivery in San Francisco. ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala, Joy A. Agravantefor, Valerie Udtuhan, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2017. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. 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