/raid1/www/Hosts/bankrupt/CAR_Public/170314.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, March 14, 2017, Vol. 19, No. 52
Headlines
3M COMPANY: Morgan County Residents' Action Still Stayed
3M COMPANY: Franklin County Resident's Action Still Stayed
3M COMPANY: West Morgan-East Lawrence Suit Still Pending
3M COMPANY: 7 Drinking Water Suits Filed in Colo. & Pennsylvania
4175 LLC: "Siu" Suit Seeks Certification of FLSA Class
56 EAST SUNRISE: "Ali" Suit Seeks Overtime Wages Under Labor Law
7TH AVENUE SHOES: "Martinez" Suit Seeks OT & Minimum Wages
ACCELERATED RECEIVABLES: Robinson Sues Over Debt Collection
ACCREDITING BUREAU: "Todorovich" Suit Removed to S.D. Florida
ADVANCED DRAINAGE: "Wyche" Class Suit Remains Pending
AEROCRAFT HEAT: Faces "Weiner" Suit Over Environmental Pollution
AIR METHODS: "Adams" Class Suit Transferred to Colorado Ct.
ALCOBRA LTD: Raul Sues Over Securities Exchange Act Violations
ALDI INC: Store Managers Class Certified in "Griffin" Suit
ALLIANCEONE: Accused Wrongful Conduct Over Debt Collection
ALPINE ACCESS: "Morse" Sues Over FLSA, NY, Ill. Wage Law Breach
ALSALAM INC: "Rodriguez" Suit Can't Proceed as Collective Action
AMERICAN AIRLINES: "Ballard" Suit Alleges Breach of Contract
AMERICAN BLASTING: Miranda Seeks to Recover Unpaid Overtime Wages
AMERICAN HONDA: April 10 Hearing on "Grodzitsky" Class Cert. Bid
ALSTON PERSONAL: Hollis Seeks Conditional Class Certification
ARBY'S RESTAURANT: First Choice Files Suit in N.D. Georgia
ARYA SECURITY: "Fisher" Suit Seeks Unpaid Wages Under Labor Code
ASSET RECOVERY: Accused Wrongful Conduct Over Debt Collection
BETTY'S CATERING: Faces "Romero" Suit Over Unpaid Service Charge
BHC ALHAMBRA: "Zeledon" Suit Seeks Relief Under Labor Code
BLUEGREEN VACATIONS: "Paxton" Suit Seeks FLSA Class Certification
BONDED COLLECTORS: Kobleski Files Placeholder Class Cert. Bid
BOURBON AND BEEF: Rossi et al. Allege Discrimination & Harassment
BUSINESS LAW GROUP: Wilmington Savings' Class Cert. Bid Denied
CAMERON MITCHELL: Faces "Anderson" Suit Over ADA Violation
CEDAR VIEW: "Landers-O'Connor" Class Suit Transferred to D. Mass.
CENERGY PARTNERS: "Brittman" Alleges Non-payment of OT Work
CENTRAL COLLECTION: Kobleski Files Placeholder Class Cert. Bid
CERES CITY, CA: "Quiroz" Suit Seeks Unpaid Overtime Under FLSA
CHARLESTON MEDICAL: "Jarrell" Suit Seeks Unpaid Wages Under FLSA
CHEESECAKE FACTORY: Faces "Zhang" Suit Alleging FACTA Violation
CITIZENS FINANCIAL: Placeholder Bid for Class Certification Filed
CIVITAS SOLUTIONS: 2 Wage & Hour Cases Pending in California
CONTACTABILITY.COM LLC: Class Certification Sought in "Michelski"
COOK COUNTY, IL: Sued Over Auditing and Accounting Policies
CORAL TELL: Continues to Face Class Suit in Israel
COVISINT CORPORATION: Securities Class Action Settlement Approved
CREATIVE HEALTH: "Leffler" Suit Seeks Certification of FLSA Class
CRESCENT CONSULTING: "Whitlow" Suit Seeks to Certify FLSA Class
CSAA INSURANCE: Faces "Rahim" Suit Alleging Violation of FLSA
DONOR NETWORK: "Berry" Suit Alleges Wage & Hour Violations
DOW CHEMICAL: April 28 Fairness Hearing on Rocky Flats Settlement
DYNAMIC RECOVERY: Tesch Files Placeholder Class Certification Bid
EAST TEXAS MEDICAL: Faces "Young" Class Suit in N.D. Oklahoma
EMERGENCY COVERAGE: "Harbin" Suit Seeks Class Certification
ESSA BANCORP: To Defend Class Suit Over Kickbacks
EXPERIAN INFORMATION: Reyes Seeks to Certify 2 FCRA Classes
EXXON MOBIL: Goldstein et al. Sue Over 2015 Refinery Explosion
FIFTH STREET: Settlement of Securities Litigation Wins Final OK
FIFTH STREET: Plaintiff Fees Paid from Insurance Coverage
FIRST STEP: Kobleski Files Placeholder Class Certification Bid
FITNESS INTERNATIONAL: "Morrison" Suit Seeks Unpaid Wages
FLOWERAMA INC: "Rubio" Suit Alleges Labor Law Violations
FOFO'S TOY: Morgan & Curtis Assoc. Sues Over Spam Fax
FORD MOTOR: Still Defends Sudesh Agrawal Class Suit
FREEMAN DECORATING: March 27 Hearing on Class Certification Bid
FUSIONPHARM INC: Sued in Colo. Over Securities Laws Violations
GARCIA PAEZ: Illegally Collects Debt, "Pepper" Suit Claims
GENERAC POWER: Swisegood Sues Over Defective Generator
GENWORTH FINANCIAL: Rosenfeld Family Suit Moved to E.D. Va.
GLOBAL EAGLE: M&M Hart Trust Sues Over Exchange Act Violations
GREAT AMERICAN: Faces "Wasserman" Suit Over Failure to Pay OT
IDEAL CONCEPTS: Faces "Gould" Suit Over Unsolicited Calls
IMMEDIATE CREDIT: March 20 Hearing on "Hovermale" Class Cert. Bid
IMMUNOMEDICS INC: Hagens Berman, Lite DePalma to Lead Case
IMMUNOMEDICS INC: "Desanctis" Stockholder Suit Underway
INNOVATIVE DINING: Teeter Seeks Unpaid Wages Under Labor Code
ISORAY INC: Settlement of Securities Litigation Wins Final OK
ITERIS INC: Defendants' Answer to Stockholder Suit Due April 20
JAGUAR LAND: Faces "Quesada" Suit in S.D. Fla.
JAKLITSCH BUILDERS: Guastafeste Sues Over Breach of Contract
KAREEM CORP: Faces "Presti" Suit in Caif. Super. Ct.
LABORATORY EXPRESS: Lake Seeks Unpaid Wages Under Labor Code
LINCOLN TRANSPORTATION: Faces "Morales" Wage and Labor Suit
LIRA OF NEW YORK: "Sanchez" Suit Seek to Recover Unpaid OT Wages
LISNR INC: "Rackemann" Suit Transferred to S.D. Indiana
LJ ROSS: White Sues in E.D. Mich. Over Debt Collection Violations
LLR INC: Webster Sues Over Unauthorized Collection of Sales Taxes
LULULEMON USA: Faces "Anderson" Class Suit in E.D.N.Y
MAPLEBEAR INC.: Camp et al. Allege Misclassification Under FLSA
MAPLEBEAR INC: "Kikano" Suit Seeks Unpaid Wages Under Labor Code
MERRILL LYNCH: "Jiao" Asserts Customer Protection Rule Violation
MIDLAND CREDIT: Illegally Collects Debt, "Greene" Suit Claims
MITCHELL D. BLUHM: Wolschlager Seeks Certification of 3 Classes
NCB MANAGEMENT: Illegally Collects Debt, "Richardson" Suit Says
NISSAN NORTH AMERICA: "Chiarelli" Suit Seeks to Certify Class
NOMAC DRILLING: "Shultz" Suit Seeks Overtime Wages Under FLSA
NORTHLAND GROUP: March 20 Preliminary Settlement Approval Hearing
NORTHLAND GROUP: Menear et al. File Placeholder Class Cert. Bid
NOVO NORDISK: Class Suit Re-Filed in New Jersey
NRA GROUP: Faces "Jsilberberg" Suit in Eastern Dist. of New York
NYC LAUNDROMAT: Faces "Sanchez" Suit Over Failure to Pay Overtime
ONONDAGA COUNTY, NY: Suit Over Juvenile Law Wins Class Cert.
ORANGE COUNTY: Faces "Doucet" Suit Over Failure to Pay Overtime
P&G LIQUOR: Wangchuk Seeks Unpaid Wages, OT Under Labor Law
PRO COM: Vega Files Placeholder Class Certification Motion
PROGRESSIVE FINANCIAL: Placeholder Class Cert. Motion Filed
PRUDENTIAL BANCORP: Settlement Hearing Scheduled for March 31
R & E CORP: "Nunez" Suit Seeks Unpaid OT Compensation Under FLSA
R&J TRUCKING: Faces "Vayda" Lawsuit Alleging Violation of FLSA
R&Q FOODS: "Hopkins" Suit Seeks Unpaid Overtime Pay Under FLSA
QUALCOMM INC: Zatlin Sues Over Baseband Processor Market Monopoly
RAW ELECTRICAL: Faces "Suniga" Suit Alleging Violation of FLSA
RISING SUN: Faces "Lin" Suit Over Failure to Pay Overtime Wages
ROBERT ANDREWS: "Newman" Suit Seeks Unpaid Wages
SAKS FIFTH: Faces "Payton" Lawsuit Alleging Violation of TCPA
SALESFORCE.COM: Faces "Lira" Suit Over Automatic Renewal
SAMSUNG ELECTRONICS: Faces "Bradley" Suit Over Washing Machines
SCCY INDUSTRIES: Sued Over Faulty Firearm-Holster Design
SEE'S CANDY: "Salazar" Suit Seeks Overtime Wages Under Labor Code
SEQUENTIAL-PACIFIC: "Coney" Suit Alleges Labor Law Violations
SMILE BRANDS: Romano Sues Over Dental Services Financing
SITO MOBILE LTD: Sued in D.N.J. Over Exchange Act Violations
SOUTHEAST ALABAMA RURAL: "Carrigan" Suit Transferred to M.D. Ala.
SQUIP INC: Lackawanna Chiropractic Alleges Violation of TCPA
SP PLUS CORP: "Savett" Suit Alleges Debit Card Fraud
SR LONG BEACH: "Aguero" Suit Seeks Unpaid Wages Under Labor Code
STATE FARM: MAO-MSO Suit Seeks Medical Expenses Reimbursement
STUART PETROLEUM: "Brister" Suit Seeks Unpaid OT Wages Under FLSA
SURGICAL CARE: Faces "Steinberg" Suit Over Misleading Statements
SYNUTRA INTERNATIONAL: Motion to Expedite "Murillo" Case Denied
TASTE OF NATURE: Under-Fills Candy Boxes, Tsuchiyama Claims
TOYOTA LEASE TRUST: Violated Leasing Act, "Chase" Suit Claims
U.S. BANK: Court Denied Class Certification in "Smith"
UBIQUITI NETWORKS: Shareholder Class Action Lawsuits Pending
UNILEVER US: June 5 Settlement Approval Hearing Set in "Fleming"
UNILIFE CORPORATION: Agreement-in-Principle Reached
UNIVERSAL FIDELITY: Must Defend Against "Mikolajczyk" Suit
US RX: Class Certification Hearing in "Dees" Suit Reset to May 1
VACATION CONSULTING: "Fitzhenry" Suit Seeks Class Certification
VIACOM INC: Motion to Dismiss Amended Stockholders' Suit Underway
VIVINT INC: "Whitehead" Suit to Assert Common Law Fraud Claims
WAUPACA FOUNDRY: "Sarrell" Suit Asserts Overtime Violations
WELLS FARGO: Class Certification Bid in "Miller" Suit Denied
WHITEPAGES INC: Removed "Klinger" Class Suit to N.D. Illinois
*********
3M COMPANY: Morgan County Residents' Action Still Stayed
--------------------------------------------------------
3M Company said in its Form 10-Q Report filed with the Securities
and Exchange Commission on February 9, 2017, for the quarterly
period ended December 31, 2016, that a second purported class
action lawsuit filed by three residents of Morgan County, Alabama,
remains stayed.
A former employee filed a purported class action lawsuit in 2002
in the Circuit Court of Morgan County, Alabama (the St. John
case), seeking unstated damages and alleging that the plaintiffs
suffered fear, increased risk, subclinical injuries, and property
damage from exposure to certain perfluorochemicals at or near the
Company's Decatur, Alabama, manufacturing facility.
The court in 2005 granted the Company's motion to dismiss the
named plaintiff's personal injury-related claims on the basis that
such claims are barred by the exclusivity provisions of the
state's Workers Compensation Act.
The plaintiffs' counsel filed an amended complaint in November
2006, limiting the case to property damage claims on behalf of a
purported class of residents and property owners in the vicinity
of the Decatur plant.
In June 2015, the plaintiffs filed an amended complaint adding
additional defendants, including BFI Waste Management Systems of
Alabama, LLC; BFI Waste Management of North America, LLC; the City
of Decatur, Alabama; Morgan County, Alabama; Municipal Utilities
Board of Decatur; and Morgan County, Alabama, d/b/a Decatur
Utilities.
In 2005, the judge in a second purported class action lawsuit
filed by three residents of Morgan County, Alabama, seeking
unstated compensatory and punitive damages involving alleged
damage to their property from emissions of certain
perfluorochemical compounds from the Company's Decatur, Alabama,
manufacturing facility that formerly manufactured those compounds
(the Chandler case) granted the Company's motion to abate the
case, effectively putting the case on hold pending the resolution
of class certification issues in the St. John case.
Despite the stay, plaintiffs filed an amended complaint seeking
damages for alleged personal injuries and property damage on
behalf of the named plaintiffs and the members of a purported
class. No further action in the case is expected unless and until
the stay is lifted.
3M COMPANY: Franklin County Resident's Action Still Stayed
----------------------------------------------------------
3M Company said in its Form 10-Q Report filed with the Securities
and Exchange Commission on February 9, 2017, for the quarterly
period ended December 31, 2016, that a class action lawsuit by a
resident of Franklin County, Alabama, remains stayed.
In February 2009, a resident of Franklin County, Alabama, filed a
purported class action lawsuit in the Circuit Court of Franklin
County (the Stover case) seeking compensatory damages and
injunctive relief based on the application by the Decatur
utility's wastewater treatment plant of wastewater treatment
sludge to farmland and grasslands in the state that allegedly
contain PFOA, PFOS and other perfluorochemicals. The named
plaintiff seeks to represent a class of all persons within the
State of Alabama who have had PFOA, PFOS, and other
perfluorochemicals released or deposited on their property.
In March 2010, the Alabama Supreme Court ordered the case
transferred from Franklin County to Morgan County. In May 2010,
consistent with its handling of the other matters, the Morgan
County Circuit Court abated this case, putting it on hold pending
the resolution of the class certification issues in the St. John
case.
3M COMPANY: West Morgan-East Lawrence Suit Still Pending
--------------------------------------------------------
3M Company continues to defend the lawsuit by West Morgan-East
Lawrence Water & Sewer Authority, the Company said in its Form
10-Q Report filed with the Securities and Exchange Commission on
February 9, 2017, for the quarterly period ended December 31,
2016.
In October 2015, West Morgan-East Lawrence Water & Sewer Authority
(Water Authority) filed an individual complaint against 3M
Company, Dyneon, L.L.C, and Daikin America, Inc., in the U.S.
District Court for the Northern District of Alabama. The complaint
also includes representative plaintiffs who brought the complaint
on behalf of themselves, and a class of all owners and possessors
of property who use water provided by the Water Authority and five
local water works to which the Water Authority supplies water
(collectively, the "Water Utilities"). The complaint seeks
compensatory and punitive damages and injunctive relief based on
allegations that the defendants' chemicals, including PFOA and
PFOS from their manufacturing processes in Decatur, have
contaminated the water in the Tennessee River at the water intake,
and that the chemicals cannot be removed by the water treatment
processes utilized by the Water Authority.
In September 2016, the court granted 3M's motion to dismiss
plaintiffs' trespass claims with prejudice, negligence claims for
personal injuries, and private nuisance claims, and denied the
motion to dismiss the plaintiffs' negligence claims for property
damage, public nuisance, abatement of nuisance, battery and
wantonness.
3M COMPANY: 7 Drinking Water Suits Filed in Colo. & Pennsylvania
----------------------------------------------------------------
3M Company said in its Form 10-Q Report filed with the Securities
and Exchange Commission on February 9, 2017, for the quarterly
period ended December 31, 2016, that as of December 31, 2016,
seven purported class actions were filed against 3M and other
defendants in U.S. District Court - three in the District of
Colorado and four in the Eastern District of Pennsylvania. The
complaints seek unstated damages and other remedies, such as
medical monitoring, and allege that the plaintiffs suffered
personal injury and property damage from drinking water supplies
contaminated with certain PFCs used in Aqueous Film Forming Foam
(AFFF) at current or former airports and air force military bases
located in Colorado and Pennsylvania.
4175 LLC: "Siu" Suit Seeks Certification of FLSA Class
------------------------------------------------------
In the lawsuit styled SIU CHING HA and PAK CHUAN LEONG, on behalf
of themselves and others similarly situated, the Plaintiffs,
v. 4175 LLC d/b/a Baumgart's Cafe, BAUMGART CAFE OF LIVINGSTON
d/b/a Baumgart's Cafe, BAUMGART RESTAURANT, INC. d/b/a Baumgart's
Cafe, BAUMGART EDGEWATER CORP. d/b/a Baumgart's Cafe, BAUMGART OF
RIDGEWOOD, INC. d/b/a Baumgart's Cafe, JOSEPH YUAN, ZONG HOU XIE
a/k/a Peter Xie, GOT-FU WANG a/k/a Sam Wang, STEVE WU, MARSHA WU,
and LEUNG FONG HO a/k/a Alex Ho, the Defendants, Case No. 2:15-cv-
05530-ES-MAH (D.N.J.), the Plaintiffs will move the United States
District Court for the District of New Jersey, before the Hon.
Judge Michael A. Hammer, for an order:
1. granting collective action status, under the Fair Labor
Standards Act (FLSA);
2. ordering the Defendants to produce a Microsoft Excel data
file containing contact information, including but not
limited to last known mailing addresses, last known
telephone numbers, last known email addresses, Social
Security numbers, work locations, and dates of employment
for all those individuals who have worked for the
Defendants as a non-managerial employee between July 14,
2012 and the date this Court decides this Motion;
3. authorizing that notice of this matter be sent to members
of the putative class;
4. authorizing equitable tolling of the statute of limitation
pending the expiration of the opt-in period; and
5. ordering the Defendants to post the approved Proposed
Notice in conspicuous locations at the location where the
Prospective Collective Action Members worked, or are now
working.
A copy of the Notice of Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=9TWguzLK
The Plaintiffs are represented by:
Michael Taubenfeld, Esq.
FISHER TAUBENFELD LLP
- and -
John Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Boulevard Suite 119
Flushing, NY 11355
Telephone: (718) 762 1324
56 EAST SUNRISE: "Ali" Suit Seeks Overtime Wages Under Labor Law
----------------------------------------------------------------
HAIDER AH, on behalf of himself and all others similarly situated,
the Plaintiff, v. 56 EAST SUNRISE CORP d/b/a DUNKIN DONUTS,
SUZANNE JANTZEN and DIANE MORALES, the Defendants, Case No.
702590/2017 (N.Y. Sup. Ct., Feb. 23, 2017), seeks to recover
unpaid overtime wages, attorneys' fees, costs, and pre-judgment
and post-judgment interest under New York Labor Law.
The Plaintiff brought the action on behalf of himself and all
other similarly situated assistant managers who worked more than
40 hours in a week and were not paid overtime during the period
commencing six years prior to the filing of the action and
continuing until such further date as the practices complained of
are discontinued.
Dunkin' Donuts is an American global donut company and coffeehouse
chain based in Canton, Massachusetts, in Greater Boston.
The Plaintiff is represented by:
THE LAW FIRM OF LOUIS GINSBERG, P.C.
1613 Northern Boulevard
Roslyn, NY 11576
Telephone: (516) 625 0105
7TH AVENUE SHOES: "Martinez" Suit Seeks OT & Minimum Wages
----------------------------------------------------------
JACKELIN J RODRIGUEZ MARTINEZ and all others similarly situated
under 29 U.S.C. 216(b), the Plaintiff, v. 7TH AVENUE SHOES INC
a/k/a SHOE TIME, MALIK WAQAS, the Defendants, Case No. 1:17-cv-
20728-JAL (S.D. Fla., Feb. 23, 2017), seeks to recover overtime
and/or minimum wages for work performed in excess of 40 hours
weekly from the filing of the complaint back three years, pursuant
to the Fair Labor Standards Act (FLSA).
The Defendants willfully and intentionally refused to pay
Plaintiff's overtime wages as required by FLSA as Defendants knew
of the overtime requirements of the FLSA and recklessly failed to
investigate whether Defendants' payroll practices were in
accordance with the FLSA, the Complaint alleges.
The Defendant operates a shoe store.
The Plaintiff is represented by:
J.H. Zidell, Esq.
J.H. ZIDELL, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Telephone: (305) 865 6766
Facsimile: (305) 865 7167
E-mail: ZABOGADO@AOL.COM
ACCELERATED RECEIVABLES: Robinson Sues Over Debt Collection
-----------------------------------------------------------
Trisha Robinson, on behalf of herself and all others similarly
situated, the Plaintiff, v. Accelerated Receivables Solutions
(A.R.S.), Inc. and David W. Brostrom, the Defendants, Case No.
8:17-cv-00056 (D. Neb., Feb. 23, 2017), seeks declaratory
judgment, injunctive relief, actual and statutory damages against
the Defendants.
The case is a consumer credit class action brought pursuant to the
Fair Debt Collection Practices Act and the Nebraska Consumer
Protection Act. The suit arises from Defendants' routine
practices of: (1) filing county court collection complaints
against Nebraska consumers, for the purpose of availing themselves
of statutory attorney fees, and/or prejudgment interest when in
fact Defendants do not meet the statutory requirements and (2)
Defendants' routine practices of attempting to collect any amounts
for attorney fees, and/or interest on their standard lawsuits
stating a claim for "services and supplies" with in-house counsel
and without meeting the statutory requirements.
The Defendants are debt collectors.
The Plaintiff is represented by:
Pamela A. Car, Esq.
William L. Reinbrecht, Esq.
CAR & REINBRECHT, P.C., LLO
8720 Frederick Street, Suite 105
Omaha, NE 68124
Telephone: (402) 391 8484
Facsimile: (402) 391 1103
E-mail: pacar@cox.net
billr205@gmail.com
- and -
Tregg R. Lunn, Esq.
LAW OFFICE OF TREGG LUNN
830 L St. Ste. 200
Lincoln, NE 68508
Telephone: (402) 730 7021
E-mail: tregg@tregglunnlaw.com
ACCREDITING BUREAU: "Todorovich" Suit Removed to S.D. Florida
-------------------------------------------------------------
The class action lawsuit captioned Katarina Todorovich,
individually and on behalf of all others similarly situated v.
Accrediting Bureau of Health Education Schools, Inc., Case No. 16-
030154-CA-01, was removed from the 11th Judicial Circuit Court to
the U.S. District Court for the Southern District of Florida
(Miami). The District Court Clerk assigned Case No. 1:17-cv-20744-
CMA to the proceeding.
Accrediting Bureau of Health Education Schools, Inc. is recognized
by the US Department of Education as an accrediting agency of
post-secondary institutions and programs primarily in the allied
health field.
The Plaintiff is represented by:
K. Brian Roller, Esq.
SCHWARTZ ZWEBEN ROBINS BURNETTE & ROLLER
3876 Sheridan Street
Hollywood, FL 33021
Telephone: (954) 966-2483
Facsimile: (954) 374-6974
E-mail: broller@szalaw.com
The Defendant is represented by:
Jeanne K. Spital, Esq.
Edward Samuel Polk, Esq.
COLE, SCOTT AND KISSANE, P.A.
9150 S. Dadeland Blvd., Suite 1400
Miami, FL 33156
Telephone: (305) 350-5300
Facsimile: (305) 373-2294
E-mail: jeanne.spital@csklegal.com
edward.polk@csklegal.com
ADVANCED DRAINAGE: "Wyche" Class Suit Remains Pending
-----------------------------------------------------
Advanced Drainage Systems, Inc. continues to defend the class
action lawsuit by Christopher Wyche, the Company said in its Form
10-Q Report filed with the Securities and Exchange Commission on
February 9, 2017, for the quarterly period ended December 31,
2016.
On July 29, 2015, a putative stockholder class action, Christopher
Wyche, individually and on behalf of all others similarly situated
v. Advanced Drainage Systems, Inc., et al. (Case No. 1:15-cv-
05955-KPF), was commenced in the U.S. District Court for the
Southern District of New York, naming the Company, along with
Joseph A. Chlapaty, the Company's Chief Executive Officer, and
Mark B. Sturgeon, the Company's former Chief Financial Officer, as
defendants and alleging violations of the federal securities laws.
An amended complaint was filed on April 28, 2016. The amended
complaint alleges that the Company made material
misrepresentations and/or omissions of material fact in its public
disclosures during the period from July 25, 2014 through March 29,
2016, in violation of Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934, as amended, and Rule 10b-5 promulgated
thereunder. Plaintiffs seek an unspecified amount of monetary
damages on behalf of the putative class and an award of costs and
expenses, including counsel fees and expert fees.
The Company believes that it has valid and meritorious defenses
and will vigorously defend against these allegations, but
litigation is subject to many uncertainties and the outcome of
this matter is not predictable with assurance. While it is
reasonably possible that this matter ultimately could be decided
unfavorably to the Company, the Company is currently unable to
estimate the range of the possible losses, but they could be
material.
Advanced Drainage Systems, Inc., a Delaware Corporation, designs,
manufactures and markets high performance thermoplastic corrugated
pipe and related water management products, primarily in North and
South America and Europe. The broad product line includes
corrugated high density polyethylene (or "HDPE") pipe,
polypropylene (or "PP") pipe and related water management
products.
AEROCRAFT HEAT: Faces "Weiner" Suit Over Environmental Pollution
----------------------------------------------------------------
ALLISON WEINER, an individual; DAVID REDD, an, individual; SUSAN
WEINER, an individual; PENELOPE REDD, a minor by and through her
Guardian Ad Litem, ALLISON WEINER; LORI GUILLEN, an individual;
DAMON HONAKER, an individual, Plaintiffs, vs. AEROCRAFT HEAT
TREATING CJ 3 COMPANY, INC. a California Corporation, ANAPLEX
CORPORATION, a California Corporation, PRECISION CASTPARTS
CORPORATION, an Oregon Corporation, CARLTON FORGE WORKS, INC. a
California Corporation, WEBER METALS, INC., a California
Corporation, MATTCO FORGE, INC., a California Corporation, PRESS
FORGE COMPANY, a California Corporation, and DOES 1 through 300
Inclusive, Defendants, Case No. BC 652102 (Cal. Super., County of
Los Angeles, February 28, 2017), arises from Defendants alleged
improper use and maintenance of their respective facilities and
their deliberate and intentional disposal and/or emission of the
toxic hexavalent chromium on and around the surrounding
communities of Paramount, California.
The suit was filed on behalf of Plaintiff and all others similarly
situated who have been damaged as a result of Defendants' alleged
release of hexavalent chromium and resulting to contamination of
the surrounding air, surface and subsurface soil and surrounding
environment.
AEROCRAFT HEAT TREATING CJ 3 COMPANY, INC. is in the business of
processing forgings, castings, bar, plate and rough-machined
parts.
The Plaintiff is represented by:
Thomas V. Girardi, Esq.
Robert W. Finnerty, Esq.
Joseph R. Finnerty, Esq.
Michael P. Kelly, Esq.
GIRARDI & KEESE
1126 Wilshire Blvd.
Los Angeles, CA 90017
Phone: (213) 977-0211
Fax: (213) 481-1554
AIR METHODS: "Adams" Class Suit Transferred to Colorado Ct.
-----------------------------------------------------------
The class action lawsuit captioned Edward Lee Adams, Joel
Griffith, Reid Hardy, and Michael Robertson, on behalf of
themselves and all others similarly situated v. Air Methods
Corporation and Rocky Mountain Holdings, LLC, Case No. 3:15-cv-
01683, was transferred from the District of South Carolina to the
U.S. District Court for the District of Colorado (Denver). The
District Court Clerk assigned Case No. 1:17-cv-00502 to the
proceeding.
The case asserts breach of contract.
The Defendants are in the business of providing air medical
transportation services throughout the United States.
ALCOBRA LTD: Raul Sues Over Securities Exchange Act Violations
--------------------------------------------------------------
JONATHAN RAUL, individually and on behalf of all others similarly
situated, the Plaintiff, v. ALCOBRA, LTD., YARON DANIELY and
TOMER BERKOVITZ, the Defendants, Case No. 1:17-cv-01233 (S.D.N.Y.,
Feb. 17, 2017), seeks to recover compensable damages caused by
Defendants' violations of the federal securities laws and to
pursue remedies under Securities Exchange Act.
The case is a federal securities class action on behalf of a class
consisting of all persons other than Defendants who purchased or
otherwise acquired Alcobra securities between August 13, 2015 and
January 17, 2017.
In October 2014, the Company completed its first Phase III study
of MDX over six weeks at eighteen sites in the United States and
two sites in Israel at a dose of 1400 mg once daily compared with
a placebo in 300 adults with ADHD as measured by the Conners'
Adult ADHD Rating Scales (CAARS) questionnaire. The results of the
October 2014 Phase 2014 Phase III Study did not indicate any
statistically significant indication of the efficacy of MDX in the
treatment of ADHD.
The Defendants caused the Company to issue materially false and
misleading statements and/or omit material information regarding
the Company's business, operational and compliance policies in
connection with the MEASURE study.
Alcobra is a biopharmaceutical company that focuses on the
development and commercialization of oral drug candidates.
ALDI INC: Store Managers Class Certified in "Griffin" Suit
----------------------------------------------------------
The Hon Andrew T. Baxter entered an order in the lawsuit titled
ANTHONY GRIFFIN, MARK MCINDOO, and SUSAN DETOMASO, o/b/o
themselves, and others similarly situated, the Plaintiffs, v.
ALDI, INC., et al., the Defendants, Case No. 5:16-cv-00354-LEK-ATB
(N.D.N.Y.), granting Plaintiffs' motion for conditional
certification of a collective action under the Fair Labor
Standards Act.
The Class is defined as:
"all current and former Store Managers employed at Aldi from
March 29, 2013 through the present".
Corporate officers, shareholders and directors are not part of the
defined collective.
The Court further ordered that, unless either party files a timely
appeal of this order,
1. The parties will meet and confer, on or before March 8,
2017 with respect to (a) the form of the proposed notice
and consent form, and (b) appropriate restriction on both
parties with respect to contact with potential members of
the collective during the opt-in period.
2. The parties shall submit, to this court, by 1:00 p.m. on
March 10, 2017, a status report with either a joint
proposal regarding the above issues, or proposed dates and
times for a telephone conference during the week of March
13, 2017 to address any remaining disputes with respect
to these issues.
3. By March 15, 2017, defendant will disclose to plaintiffs'
counsel or a designated administrator, in electronic
format, the name, current or last known address, and dates
of employment of the former and current Aldi Store Managers
since March 29, 2013.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=bjFW6G6B
ALLIANCEONE: Accused Wrongful Conduct Over Debt Collection
----------------------------------------------------------
Sergey Fuzaylov, Ilya Khaimov, Iosif Khaimov, and Miriam
Moscowitz, on behalf of themselves and all other similarly
situated consumers v. AllianceOne Receivables Management, Inc.,
Case No. 1:17-cv-01087 (E.D.N.Y., February 26, 2017), seeks to
stop the Defendant's unfair and unconscionable means to collect a
debt.
AllianceOne Receivables Management, Inc. is a third party debt
collection company specializing in recovery of account receivables
for major financial institutes.
The Plaintiff is represented by:
Igor B. Litvak, Esq.
THE LAW OFFICE OF IGOR LITVAK
1701 Avenue P
Brooklyn, NY 11229
Telephone: (646) 796-4905
Facsimile: (718) 408-9570
E-mail: igorblitvak@gmail.com
ALPINE ACCESS: "Morse" Sues Over FLSA, NY, Ill. Wage Law Breach
---------------------------------------------------------------
CAROL MORSE, BECKY NELLOS, SANDY MOROWITZ, and other similarly-
situated individuals, Plaintiff, v. ALPINE ACCESS, INC., and
SYKES ENTERPRISES, INC., Jointly and Severally as, Defendants,
Case No. 5:17-cv-00235-BKS-ATB (N.D.N.Y., February 28, 2017),
alleges among others that Defendants failed to pay Plaintiffs and
all similarly situated employees for their pre-shift time spent
booting up their computers, logging into required computer
networks and software applications, and reviewing work-related e-
mails and other information at the start of their shift. The case
raises claims for willful violations of the Fair Labor Standards
Act, New York wage and hour laws, Illinois wage and hour laws, and
breach of contract under the common law.
Defendant provides customer service, technical support and
supplemental sales for companies. Plaintiffs were employed by
Defendants as hourly at-home customer service representatives.
The Plaintiffs are represented by:
Jason T. Brown, Esq.
Nicholas R. Conlon, Esq.
JTB LAW GROUP, LLC
155 2nd Street, Suite 4
Jersey City, NJ 07302
Phone: (877) 561-0000
Fax: (855) 582-5297
E-mail: Jtb@jtblawgroup.com
Nicholasconlon@jtblawgroup.com
- and -
Kevin J. Stoops, Esq.
Charles R. Ash, IV, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, Suite 1700
Southfield, MI 48076
Phone: 248-355-0300
E-mail: kstoops@sommerspc.com
crash@sommerspc.com
ALSALAM INC: "Rodriguez" Suit Can't Proceed as Collective Action
----------------------------------------------------------------
In the lawsuit captioned CRISTIAN RODRIGUEZ, the Plaintiff, v.
ALSALAM, INC., ET AL., the Defendant, Case No. 2:16-cv-06453-CJB-
JCW (E.D. La.), the Hon. Carl J. Barbier entered an order denying
Plaintiff's motion to proceed as a collective action and for
judicial notice to potential opt-in Plaintiffs.
The Plaintiff brought the action against Defendants alleging that
he, and others similarly situated, were not paid a minimum wage of
$7.25 per hour and did not receive proper overtime compensation in
violation of the Fair Labor Standards Act (FLSA).
The Court said, "Plaintiff fails to even name or identify any
other individuals who were not paid overtime or minimum wage by
Ahmad Dorry at Alsalam. Moreover, there is no suggestion that
other individuals who worked for Ahmad Dorry at Alsalam desire to
join this class. The Court has declined to conditionally certify
an FLSA class under nearly identical conditions and declines to do
so in this case. See Crowley, 2014 WL 2506519, at 7-8 (denying
unopposed motions for conditional certification of FLSA class when
plaintiffs did not provide affidavits from any other employees,
failed to name or identify any other individuals who were not paid
overtime, and did not even suggest other individuals desired to
opt in)".
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=1GKMw186
AMERICAN AIRLINES: "Ballard" Suit Alleges Breach of Contract
------------------------------------------------------------
THOMAS BALLARD, on behalf of himself and all others similarly
situated, Plaintiff, v. AMERICAN AIRLINES, INC., a Delaware
corporation, Defendant, 2017 CH 02917 (Ill., Circ., Cook County,
February 28, 2017), alleges breach of contract, fraud and unjust
enrichment on behalf of AA mechanic "Flex Employees" who were
provided, as a hiring incentive, a two-year flex progression of
"top of scale" benefits plan.
Defendant is a Delaware corporation that operates as a commercial
airline.
The Plaintiff is represented by:
Larry D. Drury, Esq.
LARRY D. DRURY, LTD.
100 North LaSalle Street, Suite 2200
Chicago, IL 60602
Phone: (312) 346-7950
Fax: (312) 346-5777
E-mail: ldd@larrvdrurv.com
AMERICAN BLASTING: Miranda Seeks to Recover Unpaid Overtime Wages
-----------------------------------------------------------------
Lusvin Miranda, Jose Armando Rivera, individually and on behalf of
all others similarly situated v. Robert Glenn Falke d/b/a
American Blasting Technology, Belinda Falke, and Jeff Falke, Case
No. 4:17-cv-00328 (S.D. Tex., February 27, 2017), seeks to recover
unpaid overtime wages, liquidated damages, and attorneys' fees
owed to them and other similarly situated employees under the Fair
Labor Standards Act.
The Plaintiffs are current and former hourly employees employed by
the Defendants as laborers cleaning and/or repairing boats.
American Blasting Technology, a sole proprietorship with its
principal place of business located in Sourlake, Hardin County,
Texas, is an enterprise engaged in commerce.
The Plaintiff is represented by:
Mark Siurek, Esq.
Patricia Haylon, Esq.
WARREN & SIUREK, L.L.P.
3334 Richmond Ave, Suite 100
Houston, TX 77098
Telephone: 713-522-0066
Facsimile: 713-522-9977
E-mail: msiurek@warrensiurek.com
thaylon@warrensiurek.com
AMERICAN HONDA: April 10 Hearing on "Grodzitsky" Class Cert. Bid
----------------------------------------------------------------
In the lawsuit captioned PHYLLIS GRODZITSKY, JEREMY BORDELON,
STEPHANIE MANZO, SOHAL SHAH, and JOYCE YOUNG, on behalf of
themselves and all others similarly situated, the Plaintiffs, v.
AMERICAN HONDA MOTOR CO., INC., the Defendant, Case No. 2:12-cv-
01142-SVW-PLA (C.D. Cal.), the Plaintiffs will move the Court on
April 10, 2017, at 1:30 p.m. in Courtroom 10A of the United States
District Court, Central District of California, for class
certification and for appointment of class representatives and
class counsel.
A copy of the Notice of Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=8rLQOAyB
The Plaintiffs are represented by:
Jonathan D. Selbin, Esq.
Mark P. Chalos, Esq.
Annika K. Martin, Esq.
LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111
Telephone: (415) 956 1000
Facsimile: (415) 956 1008
E-mail: jselbin@lchb.com
mchalos@lchb.com
akmartin@lchb.com
- and -
Marc Godino, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201 9150
Facsimile: (310) 201 9160
E-mail: mgodino@glancylaw.com
- and -
Jon A. Tostrud, Esq.
TOSTRUD LAW GROUP, P.C.
1925 Century Park East, Suite 2125
Los Angeles, CA 90067
Telephone: (310) 278 2600
Facsimile: (310) 278 2640
E-mail: jtostrud@tostrudlaw.com
- and -
J. Barton Goplerud, Esq.
SHINDLER, ANDERSON,
GOPLERUD & WEESE P.C.
5015 Grand Ridge Drive, Suite 100
West Des Moines, IA 50265
Telephone: (515) 223 4567
Facsimile: (515) 223 8887
E-mail: jbgoplerud@hudsonlaw.net
ALSTON PERSONAL: Hollis Seeks Conditional Class Certification
-------------------------------------------------------------
In the lawsuit styled MICHELLE HOLLIS, individually and on behalf
of all others similarly situated, the Plaintiff, v. ALSTON
PERSONAL CARE SERVICES, LLC, and TINA MICHELLE VANHOY, the
Defendant, Case No. 1:16-cv-01447-WO-JEP (M.D.N.C.), the Plaintiff
moves the Court to conditionally certify a collective action
pursuant to the Fair Labor Standards Act, and approve notice and
expedited consideration.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=oP8Fv197
The Plaintiff is represented by:
Brian L. Kinsley, Esq.
CRUMLEY ROBERTS, LLP
2400 Freeman Mill Road, Suite 200
Greensboro, NC 27406
Telephone: (336) 333 9899
Facsimile: (336) 333 9894
E-mail: blkinsley@crumleyroberts.com
ARBY'S RESTAURANT: First Choice Files Suit in N.D. Georgia
----------------------------------------------------------
A class action lawsuit has been commenced against Arby's
Restaurant Group, Inc.
The case is captioned First Choice Federal Credit Union, on behalf
of itself and all others similarly situated v. Arby's Restaurant
Group, Inc., Case No. 1:17-cv-00703-MHC (N.D. Ga., February 27,
2017).
Arby's Restaurant Group, Inc. operates a quick-service fast-food
sandwich restaurant chain throughout the United States.
The Plaintiff is represented by:
Erin Green Comite, Esq.
Stephen J. Teti, Esq.
SCOTT & SCOTT, LLC
P.O. Box 192
108 Norwich Avenue
Colchester, CT 06415
Telephone: (860) 537-5537
E-mail: ecomite@scott-scott.com
steti@scott-scott.com
- and -
Joseph P. Guglielmo, Esq.
SCOTT & SCOTT, ATTORNEYS AT LAW, LLP
40th Floor, 405 Lexington Avenue
New York, NY 10174
Telephone: (212) 594-5300
E-mail: jguglielmo@scott-scott.com
- and -
Kenneth S. Canfield, Esq.
DOFFERMYRE SHIELDS CANFIELD & KNOWLES, LLC
1355 Peachtree Street, N.E., Suite 1900
Atlanta, GA 30309
Telephone: (404) 881-8900
Facsimile: (404) 920-3246
E-mail: kcanfield@dsckd.com
ARYA SECURITY: "Fisher" Suit Seeks Unpaid Wages Under Labor Code
----------------------------------------------------------------
LEJON FISHER, individually and on behalf of all others similarly
situated, the Plaintiff, v. ARYA SECURITY SERVICES, INC., a
California limited partnership; and DOES 1 through 50, inclusive,
the Defendant, Case No. BC651032 (Cal. Super. Ct., Feb. 17, 2017),
seeks recover unpaid wages and penalties under the California
Labor Code.
The complaint challenges systemic illegal employment practices
resulting in violations of the California Labor Code and Business
and Professions Code against employees of Defendants. The
Plaintiff alleges that Defendants jointly and severally have acted
intentionally and with deliberate indifference and conscious
disregard to the rights of all employees in receiving proper meal
and rest breaks, reimbursement for business expenses, proper and
timely wages and compliant wage statements.
Arya is in the security systems services industry in Corona,
California.
The Plaintiff is represented by:
Larry W. Lee, Esq.
Kristen M, Agnew, Esq.
DIVERSITY LAW GROUP, P.C,
515 S. Figueroa St., Suite 1250
Los Angeles, CA 90071
Telephone: (213) 488 6555
Facsimile: (213) 488 6554
- and -
Kenechi R. Agu, Esq.
LAW OFFICES OF KENECHI R. AGU
3655 Torrance Blvd., Suite 300
Torrance, CA 90503
Telephone: (310) 431 9875
Facsimile: (855) 372 5792
ASSET RECOVERY: Accused Wrongful Conduct Over Debt Collection
-------------------------------------------------------------
Tyria Richardson, on behalf of herself and all others similarly
situated v. Asset Recovery Solutions LLC, Case No. 1:17-cv-01065
(E.D.N.Y., February 24, 2017), seeks to stop the Defendant's
unfair and unconscionable means to collect a debt.
Asset Recovery Solutions LLC operates a full service asset
recovery management company located at 2200 Devon Ave # 200, Des
Plaines, IL 60018.
The Plaintiff is represented by:
Alan J. Sasson, Eq.
LAW OFFICE OF ALAN J. SASSON, P.C.
2687 Coney Island Avenue, 2nd Floor
Brooklyn, NY 11235
Telephone: (718) 339-0856
Facsimile: (347) 244-7178
E-mail alan@sassonlaw.com
BETTY'S CATERING: Faces "Romero" Suit Over Unpaid Service Charge
----------------------------------------------------------------
MARIA ROMERO, MARTIN GARCIA, and REMMY LARA, individually and on
behalf of others similarly situated, the Plaintiffs, v. BETTY'S
CATERING CORP.; ISABELITA CRUZ; and any other related entities,
the Defendants, Case No. 600106/2017 (N.Y. Sup. Ct., Feb. 22,
2017), seeks to recover unlawfully retained gratuities owed to the
Plaintiffs and other similarly situated persons who are presently
or were formerly employed by the Defendants, pursuant to New York
Labor Law.
The Defendants have engaged in a policy and practice of failing to
pay the service charge to the Plaintiffs and similarly situated
employees and instead retained the money for their own benefit in
violation of Labor Law Article, the Complaint says. The Plaintiffs
have initiated the action seeking for themselves and on behalf of
all similarly situated employees, compensation, including
gratuities that they were deprived of -- plus interest, attorneys'
fees, and costs.
The Defendants operate restaurant and catering services located in
New York.
The Plaintiffs are represented by:
Brett R. Cohen, Esq.
Jeffrey K. Brown, Esq.
Michael A. Tompkins, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873 9550
The Defendants are represented by:
LAW OFFICE OF JOHN LAGAN
44-02 23 Street, Studio 107
Long Island City, NY 11101
Telephone: (718) 932 2550
BHC ALHAMBRA: "Zeledon" Suit Seeks Relief Under Labor Code
----------------------------------------------------------
JAIME ZELEDON, an individual, on his own behalf and on behalf of
all others similarly situated, the Plaintiff, v. BHC ALHAMBRA
HOSPITAL, INC., a Tennessee Corporation; UNIVERSAL HEALTH
SERVICES, INC., a Delaware Corporation; and UHS OF DELAWARE INC.,
a Delaware Corporation; and DOES 1100, inclusive, the Defendants,
Case No. BC651028 (Cal. Super. Ct., Feb. 17, 2017), seeks relief
as a result of employment policies, practices and procedures which
violate the California Labor Code, and the orders and standards
promulgated by the California Department of Industrial Relations,
Industrial Welfare Commission, and Division of Labor Standards.
The Defendants allegedly failed to provide Plaintiff and members
of the putative class with timely meal and rest breaks, failed to
pay all final wages in a timely fashion, failed to provide proper
wage statements, and failed to maintain accurate records of work
performed by members of the Class in violation of Labor Code.
BHC Alhambra is a full-service acute care psychiatric hospital
providing behavioral health, substance abuse and eating disorder
services.
The Plaintiff is represented by:
Marcus J. Bradley, Esq.
Kiley L. Grombacher, Esq.
Taylor L. Emerson, Esq.
BRADLEY GROMBACHER, LLP
2815 Townsgate Road, Suite 130
Westlake Village, CA 91361
Telephone; (805) 212 5124
Facsimile: (805) 270 7589
E-mail: mbradley@bradleygrombacher.com
kgrombacher@bradleygrombacher.com
BLUEGREEN VACATIONS: "Paxton" Suit Seeks FLSA Class Certification
-----------------------------------------------------------------
In the lawsuit captioned WHITNEY PAXTON and JEFF REESER, on behalf
of themselves and others similarly situated, the Plaintiffs, v.
BLUEGREEN VACATIONS Magistrate J. H. Bruce Guyton
UNLIMITED, INC., PHILLIP HICKS and TODD SMITH, Individually, Case
No. 3:16-cv-00523-HSM-HBG (E.D. Tenn.), the Plaintiffs move the
Court for an Order conditionally certifying the case pursuant to
the Fair Labor Standards Act (FLSA) as a collective action and
implementing a procedure.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=8kFRiFd4
The Plaintiffs are represented by:
Marc R. Edelman, Esq.
MORGAN & MORGAN, P.A.
One Tampa City Center No. 700
Tampa, FL 33602
Telephone: (813) 223 5505
E-mail: medelman@forthepeople.com
- and -
Carlos V. Leach, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Ave., 14th Floor
P.O. Box 4979
Orlando, FL 32802-4979
Telephone: (407) 420 1414
Facsimile: (407) 245 3341
E-mail: cleach@forthepeople.com
- and -
Jeffery C. Taylor, Esq.
TAYLOR LAW FIRM
36 West Third North Street
P.O. Box 2004
Morristown, TN 37816
Telephone: (423) 586 6812
E-mail: Jeff@Taylorlawfirmtn.com
BONDED COLLECTORS: Kobleski Files Placeholder Class Cert. Bid
-------------------------------------------------------------
In the lawsuit titled CHERYL KOBLESKI, Individually and on
Behalf of All Others Similarly Situated, the Plaintiff, v. v.
BONDED COLLECTORS OF WISCONSIN, INC., the Defendant, Case No.
2:17-cv-00262-JPS (E.D. Wisc.), the Plaintiff moves the court to
certify a class and further requests that the Court both stay the
motion for class certification and to grant Plaintiff (and
Defendant) relief from the Local Rules setting automatic briefing
schedules and requiring briefs and supporting material to be filed
with the motion.
To avoid the risk of a defendant mooting a putative class
representative's individual stake in the litigation, the Seventh
Circuit in Damasco instructed plaintiffs to file a certification
motion with the complaint, along with a motion to stay briefing on
the certification motion until discovery could commence. Damasco
v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled,
Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015).
As this motion to certify a class is a placeholder motion as
described in Damasco, the parties and the Court should not be
burdened with unnecessary paperwork and the resulting expense when
a one paragraph, single page motion to certify and stay should
suffice until an amended motion is filed, the Plaintiffs contend.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=qnNjcrYq
The Plaintiff is represented by:
Shpetim Ademi, Esq.
John D. Blythin, Esq.
Mark A. Eldridge, Esq.
Denise L. Morris, Esq.
ADEMI & O'REILLY, LLP
3620 East Layton Avenue
Cudahy, WI 53110
Telephone: (414) 482 8000
Facsimile: (414) 482 8001
E-mail: sademi@ademilaw.com
jblythin@ademilaw.com
meldridge@ademilaw.com
dmorris@ademilaw.com
BOURBON AND BEEF: Rossi et al. Allege Discrimination & Harassment
-----------------------------------------------------------------
ANASTASIA ROSSI and VIDYA MEHRA, on behalf of themselves and all
others similarly situated, the Plaintiff, v. BOURBON AND BEEF,
BURRITOS INC. dba B&B KITCHEN & WINE BAR, DAMIEN JONES, and
Does 1 through 50, inclusive, the Defendants, Case No. RG17849931
(Cal. Super. Ct., Feb., 2017), seeks to recover award of general
damages in an amount according to proof, plus interest caused
Defendants' discrimination, harassment, retaliation and wrongful
termination against Plaintiff.
The action alleges Defendants engaged in the following illegal
activities: (1) discriminated against Plaintiffs on the basis of
their sex in violation of California Government Code; (2) harassed
Plaintiffs on the basis of their sex (3) failed to take all
reasonable steps necessary to prevent discrimination
and harassment from occurring in the workplace; retaliated against
Plaintiff Rossi because Plaintiff Rossi made complaints about the
discriminatory and harassing actions of Defendant Jones; (5)
retaliated against Plaintiff Mchra because Plaintiff Mehra made
complaints about the discriminatory and harassing actions of
Defendant Jones; and (6) wrongfully terminated Plaintiffs in
retaliation for Plaintiffs making complaints about the
discriminatory and harassing actions.
Bourbon and Beef is a steakhouse and bar located in Rockridge
Oakland serving brunch, lunch and dinner with steaks, eggs, beer
wine and cocktails.
The Plaintiff is represented by:
Robin G. Workman, Esq.
WORKMAN LAW FIRM, PC
177 Post Street, Suite 800
San Francisco, CA 94108
Telephone: (415) 782 3660
Facsimile: (415) 788 1028
E-mail: robin@workmanlawpc.com
BUSINESS LAW GROUP: Wilmington Savings' Class Cert. Bid Denied
--------------------------------------------------------------
In the lawsuit styled WILMINGTON SAVINGS FUND SOCIETY, FSB, the
Plaintiff, v. BUSINESS LAW GROUP, P.A., LM FUNDING, LLC and BRUCE
RODGERS, the Defendants, Case No. 8:15-cv-02831-CEH-TGW (M.D.
Fla.), the Hon. Judge Charlene Edwards Honeywell entered an order
denying Class and Subclasses:
"all first mortgagees and their successors or assignees who
joined an LMF Association client in a foreclosure action in
Florida, obtained title to the property at issue through a
foreclosure judgment or deed in lieu of foreclosure, and to
whom BLG, on behalf [of] an LMF Association client, provided
an estoppel certificate that included charges other than (a)
the lesser of the property's unpaid assessments which came due
during the 12 months immediately preceding the acquisition of
title or one percent of the original mortgage debt, (b) an
estoppel preparation fee, and (c) assessments which came due
after the first mortgagee's acquisition of title to the
property, on or after October 28, 2011" (Class); and
"all Class members who paid BLG more than the sum of (a) the
lesser of the property's unpaid assessments which came due
during the 12 months immediately preceding the acquisition of
title or one percent of the original mortgage debt, (b) an
estoppel preparation fee, and (c) assessments which came due
after the first mortgagee's acquisition of title to the
property, in response to an estoppel certificate sent by BLG
on or after October 28, 2011 (Damages Subclass).
The Court agrees with Defendants that the resolution of such
issues pursuant to the statutory procedure is superior to a class
action because the statutory method permits evaluation of the
unique factual issues inherent to such claims on a case-by-case
basis, including whether the party claiming safe harbor protection
is a first mortgagee. Further, the statutes provide for a
"summary," or expedited, proceeding, for prompt resolution of such
disputes, and an award of attorney's fees to the prevailing party.
See id. The Florida Legislature anticipated the need for fair and
efficient adjudication of disputes over estoppel certificates, and
established a comprehensive and efficient method for resolving
these disputes in the statutes. The method established in the
applicable statutes is far superior to a class action in which
individual issues would predominate.
Therefore, this Court finds that class wide resolution of the
dispute is not superior to other methods of adjudication.
The Court said, "Wilmington has not met its burden under Federal
Rule of Civil Procedure 23(a) and has likewise failed to satisfy
at least one of the alternative requirements of Federal Rule of
Civil Procedure 23(b). As a result, this Court will deny
Wilmington's Motion for Class Certification."
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=lh7Fsxh3
CAMERON MITCHELL: Faces "Anderson" Suit Over ADA Violation
----------------------------------------------------------
Derrick Anderson, on behalf of himself and all others similarly
situated v. Cameron Mitchell Restaurants, LLC, Case No. 1:17-cv-
01056 (E.D.N.Y., February 25, 2017), is brought against the
Defendants for violation of the Americans with Disabilities Act.
Cameron Mitchell Restaurants, LLC owns and operates a restaurant
company headquartered in Columbus, Ohio.
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, 2nd floor
New York, NY 10016
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
E-mail: cklee@leelitigation.com
CEDAR VIEW: "Landers-O'Connor" Class Suit Transferred to D. Mass.
-----------------------------------------------------------------
The class action lawsuit captioned Susan Landers-O'Connor and Lori
Gaudet, individually and on behalf of herself and all other
similarly situated v. Cedar View Operator, LLC, Case No. 1777-CV-
00011-C, was removed from the Essex Superior Court to the U.S.
District Court for the District of Massachusetts (Boston). The
District Court Clerk assigned Case No. 1:17-cv-10317-PBS to the
proceeding.
Cedar View Operator, LLC operates a rehabilitation and healthcare
center located at 480 Jackson Street Methuen, MA 01844.
The Plaintiff is represented by:
Walter H. Jacobs
WALTER H. JACOBS, M.D., J.D. ATTORNEY AT LAW
795 Turnpike Street
North Andover, MA 01845
Telephone: (978) 688-0900
E-mail: wjacobslaw@gmail.com
The Defendant is represented by:
Erik J. Winton, Esq.
JACKSON LEWIS PC
75 Park Plaza, 4th Floor
Boston, MA 02116
Telephone: (617) 367-0025
Facsimile: (617) 367-2155
E-mail: wintone@jacksonlewis.com
CENERGY PARTNERS: "Brittman" Alleges Non-payment of OT Work
-----------------------------------------------------------
LEONARD BRITTMAN, an Individual, Individually and on behalf of all
others similarly situated, and the general public, PLAINTIFF, v.
CENERGY PARTNERS, LLC, a Delaware limited liability company;
CENERGY PARTNERS CONSTRUCTION SERVICES, LLC, a Delaware limited
liability company; CENERGY A&D, LLC, a Delaware limited liability
company; CHEVRON CORPORATION, a Delaware corporation; and DOES 1
thru 50, inclusive, DEFENDANTS, Case No. BC 651878 (Cal. Super.,
County of Los Angeles, February 28, 2017), arises out of
CENERGY's alleged unlawful practice of deliberately and unlawfully
failing to provide all overtime premium wages earned by PLAINTIFF
and those similarly situated. This included ENERGY's practice of
instituting alternative workweek schedules without complying with
the strict AWS requirements that California mandates an employer
must satisfy before the employer is relieved of the legal
obligation to pay daily overtime premium wages.
Defendants CENERGY PARTNERS, LLC, CENERGY PARTNERS CONSTRUCTION
SERVICES, LLC, and CENERGY A&D, LLC, are all related Delaware
limited liability companies which provide staffing, payroll,
vendor management, inspections, aviation logistics, and safety
services to the engineering & construction, energy, aerospace and
defense, shipbuilding, and power & utilities sectors. PLAINTIFF
LEONARD BRITTMAN was employed by DEFENDANTS as a Customer Service
Representative at the Chevron refinery in El Segundo, California.
The Plaintiff is represented by:
Alireza Alivandivafa, Esq.
1925 Century Park East, Suite 1990
Los Angeles, CA 90067
Phone: (310)570-2238
E-mail: aalivandi@gmail.com
- and -
J.D. Henderson, Esq.
LAW OFFICES OF J.D. HENDERSON
215 North Marengo Avenue, Suite 322
Pasadena, CA 91101
Phone: (626) 529-5891
E-mail: JDLAW@charter.net
CENTRAL COLLECTION: Kobleski Files Placeholder Class Cert. Bid
--------------------------------------------------------------
In the lawsuit entitled CHERYL KOBLESKI, Individually and on
Behalf of All Others Similarly Situated, the Plaintiff, v.
CENTRAL COLLECTION CORPORATION, the Defendant, Case No. 2:17-cv-
00260-JPS (E.D. Wisc.), the Plaintiff moves the court to certify a
class, and requests that the Court both stay the motion for class
certification and to grant Plaintiff (and Defendant) relief from
the Local Rules setting automatic briefing schedules and requiring
briefs and supporting material to be filed with the motion.
To avoid the risk of a defendant mooting a putative class
representative's individual stake in the litigation, the Seventh
Circuit in Damasco instructed plaintiffs to file a certification
motion with the complaint, along with a motion to stay briefing on
the certification motion until discovery could commence. Damasco
v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled,
Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015).
As this motion to certify a class is a placeholder motion as
described in Damasco, the parties and the Court should not be
burdened with unnecessary paperwork and the resulting expense when
a one paragraph, single page motion to certify and stay should
suffice until an amended motion is filed, the Plaintiffs contend.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=SrbKPj0l
The Plaintiff is represented by:
Shpetim Ademi, Esq.
John D. Blythin, Esq.
Mark A. Eldridge, Esq.
Denise L. Morris, Esq.
ADEMI & O'REILLY, LLP
3620 East Layton Avenue
Cudahy, WI 53110
Telephone: (414) 482 8000
Facsimile: (414) 482 8001
E-mail: sademi@ademilaw.com
jblythin@ademilaw.com
meldridge@ademilaw.com
dmorris@ademilaw.com
CERES CITY, CA: "Quiroz" Suit Seeks Unpaid Overtime Under FLSA
--------------------------------------------------------------
CARLOS A. QUIROZ, on behalf of himself and all similarly situated
individuals, the Plaintiffs, v. CITY OF CERES, the Defendant, Case
No. 2:17-at-00170 (E.D. Cal., Feb. 17, 2017), seeks to recover
unpaid overtime and other compensation, interest, liquidated
damages, costs of suit and reasonable attorney fees under the Fair
Labor Standards Act (FLSA).
The action arises from Defendant's failure to include all
statutorily required forms of compensation in the "regular rate"
used to calculate overtime compensation for Plaintiff and all
similarly situated individuals.
Ceres is a city in Stanislaus County, California. The population
was 45,417 at the 2010 U.S. Census, up from 34,609 at the 2000
U.S. Census. It is part of the Modesto Metropolitan Statistical
Area.
The Plaintiff is represented by:
David E. Mastagni, Esq.
Isaac S. Stevens, Esq.
Ace T. Tate, Esq.
MASTAGNI HOLSTEDT
1912 "I" Street
Sacramento, CA 95811
Telephone: (916) 446 4692
Facsimile: (916) 447 4614
CHARLESTON MEDICAL: "Jarrell" Suit Seeks Unpaid Wages Under FLSA
----------------------------------------------------------------
Jamie Jarrell, Michelle Brown, Brandy Riggs, Ryan Kimberly,
Brigitte O'Leary, Krista Miller, Amber Rucker, Latisha Stickler,
Brittany Gillenwater, Chelsi Burford, Randi Jones, Miranda
Hamilton, Heather Starcher, James Putney, Jinnfer Dotson, James
Ferrell, Rita Grubb, Lindsey Mollohan, Christopher Tate, Julia
Zeto, Olivia Blankenship, Melissarainey, Dea Fallin, Heather
Williams, Hilary Jordan, Angel Arthur, Valeriepickett, Amanda
Reed, Janice Hagerman, and Amy Lopez Smith, the Plaintiffs, v.
Charleston Area Medical Center, Inc., the Defendant, Case No.
2:17-cv-01371 (S.D.W.Va., Feb. 23, 2017), seeks money damages for
wages that were not paid as required by the Fair Labor Standards
Act, liquidated damages equal to the amount owed, costs,
injunctive relief, attorneys' fees and other relief as a result of
Defendant's commonly applied policy and practice of not for all
hours worked and for failing to pay overtime in violation of
federal wage and hour laws.
The Defendant regularly and consistently deducted one-half hour of
pay from its employees for a "break" that the employees were not
being afforded by their employer, the Complaint says.
Charleston Area Medical Center is a complex of hospitals in
Charleston, West Virginia, formed via a merger of previously
independent facilities. It is the state's largest hospital.
The Plaintiffs are represented by:
J. Michael Ranson, Esq.
Cynthia M. Ranson, Esq.
RANSON LAW OFFICES
1562 Kanawha Blvd., East
Post Office Box 3589
Charleston, WV 25336-3589
Telephone: (304) 345-1990
- and -
G. Patrick Jacobs, Esq.
JACOBS LAW OFFICE
7020 MacCorkle Avenue, SE
Charleston, WV 25304
Telephone: (304) 926 6676
CHEESECAKE FACTORY: Faces "Zhang" Suit Alleging FACTA Violation
---------------------------------------------------------------
KRISTY ZHANG, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY
SITUATED, Plaintiff, v. THE CHEESECAKE FACTORY INCORPORATED,
Defendant, Case No. 8:17-cv-00357 (C.D. Cal., February 28, 2017),
alleges that Defendant violated the Fair and Accurate
Credit Transactions Act, which states that no person that accepts
credit cards or debit cards for the transaction of business shall
print more than the last 5 digits of the credit number or the
expiration date upon any receipt provided to the cardholder at the
point of the sale or transaction.
The Cheesecake Factory Incorporated operates casual dining
restaurants under the name The Cheesecake Factory.
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
Matthew M. Loker, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Phone: (800) 400-6808
Fax: (800) 520-5523
E-mail: ak@kazlg.com
ml@kazlg.com
- and -
Joshua B. Swigart, Esq.
HYDE & SWIGART
2221 Camino Del Rio South, Ste. 101
San Diego, CA 92108
Phone: (619) 233-7770
Fax: (619) 297-1022
E-mail: josh@westcoastlitigation.com
- and -
Brian J. Soo-Hoo, Esq.
LAW OFFICES OF BRIAN J. SOO-HOO
601 Parkcenter Drive, Suite 105
Santa Ana, CA 92705
Phone: (714) 589-2252
Fax: (714) 589-2254
E-mail: soohoolaw@gmail.com
CITIZENS FINANCIAL: Placeholder Bid for Class Certification Filed
-----------------------------------------------------------------
In the lawsuit captioned TIFFANY FLORIST, INC., a Michigan
corporation, individually and as the representative of a class of
similarly-situated persons, the Plaintiff, v. CITIZENS FINANCIAL
GROUP, INC., a Delaware corporation, its subsidiary CITIZENS BANK,
N.A., and JOHN DOES 1-5, the Defendants, Case No. 2:17-cv-10551-
RHC-APP (E.D. Mich.), the Plaintiff filed a placeholder motion for
class certification of:
"all persons who (1) on or after four years prior to the
filing of this action, (2) were sent telephone facsimile
messages of material advertising the commercial availability
or quality of any property, goods, or services by or on behalf
of Defendants, (3) from whom Defendants did not have "prior
express invitation or permission" to send fax advertisements,
and (4) with whom Defendants did not have an established
business relationship, and/or (5) which did not display a
proper opt-out notice".
Plaintiff asks the Court to allow the "placeholder" motion for
class certification to remain pending to protect against any
alternative pick-off attempt following the Supreme Court's
decision in Campbell-Ewald. The proposed class meets the
requirements of Rules 23(a), (b)(3) and (g). Plaintiff requests
that, following discovery and further briefing, the Court certify
the class, appoint Plaintiff as the class representative, and
appoint Plaintiff's attorneys as class counsel. Plaintiff will
file its memorandum of law in support of its Motion after Rule 23
discovery has been completed. The parties need to meet and confer
and propose a discovery schedule with this Court and Plaintiff
respectfully requests a status conference with the Court as soon
as practicable to set a discovery schedule on Plaintiff's Rule 23
Motion.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=KaxZR8M1
The Plaintiff is represented by:
Brian J. Wanca, Esq.
ANDERSON 7 WANCA
3701 Algonquin Road, Suite 500
Rolling Meadows, IL 60008
Telephone: (847) 368 1500
bwanca@andersonwanca.com
- and -
Jason J. Thompson, Esq.
Sommers Schwartz, Esq.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 415 3206
Facsimile: (248) 436 8453
CIVITAS SOLUTIONS: 2 Wage & Hour Cases Pending in California
------------------------------------------------------------
Civitas Solutions, Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on February 9, 2017, for
the quarterly period ended December 31, 2016, that there are
currently two pending complaints in California state court that
allege certain wage and hour violations. Both complaints seek to
be designated as class actions.
"Any amounts paid in respect of the complaints will likely
increase our expenses, as we are not insured for employment-
practices related claims," the Company said.
Civitas Solutions, Inc., through its wholly-owned subsidiaries, is
a provider of home- and community-based health and human services
to must-serve individuals with a range of intellectual,
developmental, behavioral and/or medically complex disabilities
and challenges.
CONTACTABILITY.COM LLC: Class Certification Sought in "Michelski"
-----------------------------------------------------------------
In the lawsuit styled VERONICA MICHLESKI, individually and on
behalf of all others similarly situated, the Plaintiff, v.
CONTACTABILITY.COM LLC D/B/A UNITEDSTATESINSURANCE.COM, an Ohio
limited liability company, the Defendant, Case No. 2:17-cv-00057-
ALM-TPK (S.D. Ohio), the Plaintiff asks the Court to:
1. enter and reserve ruling on Plaintiff's motion for class
certification;
2. allow for and schedule discovery to take place on class-
wide issues;
3. grant Plaintiff leave to file an amended motion upon the
conclusion of discovery relating to certification issues;
4. grant Plaintiff's motion for class certification after full
briefing; and
5. provide all other and further relief that the Court deems
reasonable and just.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=PN85osYY
The Plaintiff is represented by:
William M. Harrelson II, Esq.
FAUST, HARRELSON, FULKNER, MCCARTHY & SCHLEMMER, LLP
12 S. Cherry St.reet
Troy, Ohio 45373
Telephone: (937) 335 8324
E-mail: Will.Harrelson@fhfmslaw.com
- and -
Steven L. Woodrow, Esq.
Patrick H. Peluso, Esq.
WOODROW & PELUSO, LLC
3900 East Mexico Ave., Suite 300
Denver, CO 80210
Telephone: (720) 213 0675
Facsimile: (303) 927 0809
- and -
Stefan L. Coleman, Esq.
LAW OFFICES OF STEFAN COLEMAN, P.A.
201 S. Biscayne Blvd, 28th Floor
Miami, FL 33131
Telephone: (877) 333 9427
Facsimile: (888) 498 8946
E-mail: Law@StefanColeman.com
COOK COUNTY, IL: Sued Over Auditing and Accounting Policies
-----------------------------------------------------------
Harlan J. Berk, and Harlan J. Berk, Ltd., Individually and as Cook
County Taxpayers on Behalf of All Cook County Taxpayers v. Toni
Preckwinkle, not Individually, but as President of the Cook County
Board, richard r. Boykin, not Individually, but as Cook County
Commissioner, Robert B. Steele, not Individually, but as Cook
County Commissioner, Jerry Butler, not Individually, but as Cook
County Commissioner, Stanley Moore, not Individually, but as Cook
County Commissioner, Deborah Sims, not Individually, but as Cook
County Commissioner, Edward M. Moody, not Individually, but as
Cook County Commissioner, Jesus G. Garcia, not Individually, but
as Cook County Commissioner, Luis Arroyo, Jr., not Individually,
but as Cook County Commissioner, Peter N. Silvestri, not
Individually, but as Cook County Commissioner, Bridget Gainer, not
Individually, but as Cook County Commissioner, John P. Daley, not
Individually, but as Cook County Commissioner, John A. Fritchey,
not Individually, but as Cook County Commissioner, Larry
Suffredin, not Individually, but as Cook County Commissioner,
Gregg Goslin, not Individually, but as Cook County Commissioner,
Timothy O. Schneider, not Individually, but as Cook County
Commissioner, Jeffrey R. Tobolski, not Individually, but as Cook
County Commissioner, and Sean M. Morrison, not Individually, but
as Cook County Commissioner, Case No. 2017-CH-02500 (Ill. Cir.
Ct., February 27, 2017), seeks to compel Cook County to conduct a
legally sufficient independent audit of the office of the Clerk of
the Circuit Court of Cook County, Illinois as well as a separate
accounting to be provided to the Plaintiffs and to the general
public.
Toni Preckwinkle is the President of the Cook County, Illinois
Board.
Richard R. Boykin is the Cook County, Illinois Commissioner for
the First District.
Robert B. Steele is the Cook County, Illinois Commissioner for the
Second District.
Jerry Butler is the Cook County, Illinois Commissioner for the
Third District.
Stanley Moore is the Cook County, Illinois Commissioner for the
Fourth District.
Deborah Sims is the Cook County, Illinois Commissioner for the
Fifth District.
Edward M. Moody is the Cook County, Illinois Commissioner for the
Sixth District
Jesus G. Garcia is the Cook County, Illinois Commissioner for the
Seventh District.
Luis Arroyo, Jr., is the Cook County, Illinois Commissioner for
the Eighth District.
Peter N. Silvestri is the Cook County, Illinois Commissioner for
the Ninth District.
Bridget Gainer is the Cook County, Illinois Commissioner for the
Tenth District.
John P. Daley is the Cook County, Illinois Commissioner for the
Eleventh District.
John A. Fritchey is the Cook County, Illinois Commissioner for the
Twelfth District.
Larry Suffredin is the Cook County, Illinois Commissioner for the
Thirteenth District.
Gregg Goslin is the Cook County, Illinois Commissioner for the
Fourteenth District.
Timothy O. Schneider is the Cook County, Illinois Commissioner for
the Fifteenth District.
Jeffrey R. Tobolski is the Cook County, Illinois Commissioner for
the Sixteenth District.
Sean M. Morrison is the Cook County, Illinois Commissioner for the
Seventeenth District.
Boykin, Steele, Butler, Moore, Sims, Moody, Garcia, Arroyo,
Silvestri, Gainer, Daley, Fritchey, Suffredin, Goslin, Schneider,
Tobolski and Morrison will be referred to collectively in this
Complaint as "the Board."
The Plaintiff is represented by:
David A. Novoselsky, Esq.
NOVOSELSKY LAW OFFICES, P.C.
25 North County Street, First Floor
Waukegan, IL 60085
Telephone: (847)782-5800
E-mail: dnovo@novoselsky.com
CORAL TELL: Continues to Face Class Suit in Israel
--------------------------------------------------
A class action lawsuit against Coral Tell Ltd. remains pending,
Digital Turbine, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on February 9, 2017, for the
quarterly period ended December 31, 2016.
The Company said, "On May 30, 2013, a class action suit in the
amount of NIS 19,200, or approximately $5,300, was filed in the
Tel-Aviv Jaffa District Court against Coral Tell Ltd., an Israeli
company that owns and operates a website offering advertisements.
Coral Tell Ltd. is currently being sued in a class action lawsuit
regarding phone call overages, and has served a third-party notice
against Logia and two additional companies for our alleged
involvement in facilitating the overages. The suit relates to a
service offered by the Coral Tell website, enabling advertisers to
display a virtual cellular number in the advertisement instead of
their real cellular number. The plaintiff claims that calls were
charged for the connection time between two segments of the call,
instead of the second segment alone; that the caller was charged
even if the advertiser did not answer the call (as the charge
began upon initiation of the first segment); and that the caller
was charged for text messages sent to the advertiser, although the
service did not support delivery of text messages."
"We have no contractual relationship with this company. We believe
the lawsuit is without merit and a finding of liability on our
part remote. After conferring with advisors and counsel,
management believes that the ultimate liability, if any, in
aggregate will not be material to the financial position or
results or operations of the Company for any future period.
The Company does not believe there is a probable and estimable
claim. Accordingly, the Company has not accrued any liability."
COVISINT CORPORATION: Securities Class Action Settlement Approved
-----------------------------------------------------------------
Covisint Corporation said in its Form 10-Q Report filed with the
Securities and Exchange Commission on February 9, 2017, for the
quarterly period ended December 31, 2016, that the Court has
approved the settlement and dismissed the securities class action
with prejudice.
The Company said, "Beginning on May 30, 2014, two putative class
actions were filed in the U.S. District Court for the Southern
District of New York against us, our directors and former
directors, and certain of our officers and former officers
alleging violation of securities laws in connection with
Covisint's initial public offering ("IPO") and seeking unspecified
damages. These lawsuits were consolidated in the action entitled
Desrocher v. Covisint Corporation, et al., No. 14-cv-03878 (the
"Securities Class Action"). On October 14, 2014, the lead
plaintiff filed a consolidated class action complaint (the
"Complaint") alleging violations of Regulation S-K and Sections 11
and 15 of the Securities Act. The Complaint alleged, among other
things that the IPO's registration statement contained (1) untrue
statements and omissions of material facts related to the
Company's projected revenues for fiscal 2014, (2) materially
inaccurate statements regarding the Company's revenue recognition
policy, and (3) omissions of known trends, uncertainties and
significant risk factors as required to be disclosed by Regulation
S-K."
On May 5, 2016, the parties entered into a stipulation and
agreement of settlement to dismiss all claims with prejudice and
settle the Securities Class Action (the "Settlement"). The
Company's uninsured portion of the settlement amount is $0.4
million, which was recorded as a liability as of March 31, 2016
and paid in July 2016. On December 13, 2016, the Court approved
the Settlement, which provided for a payment by the defendants of
$8.0 million, and the Court dismissed the Securities Class Action
with prejudice.
Covisint provides a cloud platform for the development of
identity-centric and Internet of Things ("IoT") solutions
CREATIVE HEALTH: "Leffler" Suit Seeks Certification of FLSA Class
-----------------------------------------------------------------
in the lawsuit entitled AUDREY LEFFLER and MARK MERRYMAN, the
Plaintiffs, v. CREATIVE HEALTH SERVICES, INC., ANDREW TRENTACOSTE,
KATHY KUMITIS, TIM ALLEVA, and KAREN BECKER, the Defendants, Case
No. 5:16-cv-01443-JFL (E.D. Pa.), the Plaintiffs ask the Court to
certify a class of:
"all independent contractor therapist working at Creative
Health Services offices and facilities in or around
Pottstown and Birdsboro, Pennsylvania between March 29, 2013
to the end of judgment in this action".
The Plaintiffs further ask the Court to order that:
1. notice of the pendency of the class action shall be
provided to all known class members and shall be posted
prominently at all Defendant's locations;
2. Leffler and Merryman shall serve as class representatives;
3. Robert C. Drake and Bebe K. Kivitz shall serve as class
counsel.
The Plaintiffs' claims are asserted pursuant to the Employee
Retirement Income Security Act, the Fair Labor Standards Act, on
the Court's supplemental jurisdiction, state law claims pursuant
to the Pennsylvania Minimum Wage Act, and the Pennsylvania Wage
Payment and Collection law.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=2kGcQCTs
The Plaintiffs are represented by:
Robert C. Drake, Esq.
Bebe H. Kivitz, Esq.
JACOBS KIVITZ & DRAKE LLC
1525 Locust Street, 12th Floor
Philadelphia, PA 19102
Telephone: (215) 732 2650
CRESCENT CONSULTING: "Whitlow" Suit Seeks to Certify FLSA Class
---------------------------------------------------------------
In the lawsuit titled TOMMY WHITLOW, Individually and on Behalf of
All Others Similarly Situated, the Plaintiff, v. CRESCENT
CONSULTING, LLC, the Defendant, Case No. 5:16-cv-01330-R (W.D.
Okla.), Mr. Whitlow seeks the Court for class certification of:
"drilling consultants employed by, or working on behalf of,
Crescent Consulting, LLC as independent contractors and paid a
day rate any time."
Crescent Consulting misclassified its drilling consultants as
independent contractors in order to avoid paying them overtime
wages required under federal law. Crescent instead maintained a
uniform pay practice of paying these consultants a day rate
without any overtime compensation. This practice flagrantly
violates the Fair Labor Standards Act (FLSA).
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=SnC23JiF
The Plaintiff is represented by:
Richard J. (Rex) Burch, Esq.
Matthew S. Parmet, Esq.
BRUCKNER BURCH PLLC
8 Greenway Plaza, Ste. 1500
Houston, TX 77046
Telephone: (713) 877 8788
Facsimile: (713) 877 8065
E-mail: rburch@brucknerburch.com
mparmet@brucknerburch.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
FIBICH, LEEBRON, COPELAND, BRIGGS & JOSEPHSON
1150 Bissonnet
Houston, TX 77005
Telephone: (713) 751 0025
Facsimile: (713) 751 0030
E-mail: mjosephson@fibichlaw.com
adunlap@fibichlaw.com
CSAA INSURANCE: Faces "Rahim" Suit Alleging Violation of FLSA
-------------------------------------------------------------
NASIR RAHIM, GLENN BEARDEN, Plaintiffs, on behalf of themselves
and others similarly situated, v. CSAA INSURANCE SERVICES, INC.,
CSAA INSURANCE SERVICES, LLC, CSAA INSURANCE GROUP, CSAA FIRE &
CASUALTY INSURANCE COMPANY, Defendants, Case No. 5:17-cv-00220-W
(W.D. Okla., February 28, 2017), asserts claims for wrongful
termination after Plaintiff complained of unpaid wages and sought
unpaid wages, and failure to pay overtime wages in violation of
the Fair Labor Standards Act.
The Defendants, jointly and separately, are companies which
provide insurance coverage to persons. Plaintiffs are Field
Claim Specialists.
The Plaintiff is represented by:
Mark Hammons, Esq.
Amber L. Hurst, Esq.
HAMMONS, GOWENS & HURST
325 Dean A. McGee Avenue
Oklahoma City, OK 73102
Phone: (405) 235-6100
Fax: (405) 235-6111
Email: amber@hammonslaw.com
Email: mark@hammonslaw.com
- and -
Kwame T. Mumina, Esq.
Cynthia D'Antonio, Esq.
GREEN, JOHNSON, MUMINA & D'ANTONIO
400 N. Walker, Suite 100
Oklahoma City, OK 73102
Phone: (405) 702-7228
Fax: (405) 702-6898
Email: kmumina@gjmlawyers.com
Email: cynthia@gjmlawyers.com
DONOR NETWORK: "Berry" Suit Alleges Wage & Hour Violations
----------------------------------------------------------
SHANTA BERRY, an individual, on her own behalf and on behalf of
all others similarly situated, the Plaintiff, v. DONOR NETWORK
WEST, a California nonprofit corporation, formerly known as
CALIFORNIA TRANSPLANT DONOR NETWORK, and DOES 1-100, inclusive,
the Defendants, Case No. RG17850504 (Cal. Super. Ct., Feb. 23,
2017), seeks relief as a result of employment policies, practices
and procedures which violate the California Labor Code.
The Defendant allegedly failed to provide Plaintiff and members of
the putative class with timely meal and rest breaks, failed to pay
final wages, failed to provide proper wage statements, and failed
to maintain accurate records of work performed by members.
The California Transplant provides opportunity to improve and
extend lives through organ and tissue donation for
transplantation.
The Plaintiff is represented by:
Marcus J. Bradley, Esq.
Kiley L. Grombacher, Esq.
Taylor L. Emerson, Esq.
BRADLEY GROMBACHER, LLP
2815 Townsgate Road, Suite 130
Westlake Village, CA 91361
Telephone: (805) 212 5124
Facsimile: (805) 270 7589
E-mail: mbradley@bradleygrombacher.com
kgrombacher@bradleygrombacher.com
DOW CHEMICAL: April 28 Fairness Hearing on Rocky Flats Settlement
-----------------------------------------------------------------
A fairness hearing on the settlement of the Rocky Flats matter is
scheduled for April 28, 2017, The Dow Chemical Company said in its
Form 10-K Report filed with the Securities and Exchange Commission
on February 9, 2017, for the fiscal year ended December 31, 2016.
The Company and Rockwell International Corporation ("Rockwell")
(collectively, the "defendants") were defendants in a class action
lawsuit filed in 1990 on behalf of property owners ("plaintiffs")
in Rocky Flats, Colorado, who asserted claims for nuisance and
trespass based on alleged property damage caused by plutonium
releases from a nuclear weapons facility owned by the U.S.
Department of Energy ("DOE") (the "facility"). Dow and Rockwell
were both DOE contractors that operated the facility -- Dow from
1952 to 1975 and Rockwell from 1975 to 1989. The facility was
permanently shut down in 1989.
In 1993, the United States District Court for the District of
Colorado ("District Court") certified the class of property
owners. The plaintiffs tried their case as a public liability
action under the Price Anderson Act ("PAA"). In 2005, the jury
returned a damages verdict of $926 million. Dow and Rockwell
appealed the jury award to the U.S. Tenth Circuit Court of Appeals
("Court of Appeals") which concluded the PAA had its own injury
requirements, on which the jury had not been instructed, and also
vacated the District Court's class certification ruling, reversed
and remanded the case, and vacated the District Court's judgment
(Cook v. Rockwell Int'l Corp., 618 F.3d 1127, 1133 (10th Cir.
2010)). The plaintiffs argued on remand to the District Court that
they were entitled to reinstate the judgment as a state law
nuisance claim, independent of the PAA. The District Court
rejected that argument and entered judgment in favor of the
defendants (Cook v. Rockwell Int'l Corp, 13 F. Supp. 3d 1153 (D.
Colo. 2014)). The plaintiffs appealed to the Court of Appeals,
which reversed the District Court's ruling, holding that the PAA
did not preempt the plaintiffs' nuisance claim under Colorado law
and that the plaintiffs could seek reinstatement of the prior
nuisance verdict under Colorado law, and remanded for additional
proceedings, including consideration of whether the District Court
could recertify the class (Cook v. Rockwell Int'l Corp., 790 F.3d
1088 (10th Cir. 2015)).
Dow and Rockwell continued to litigate this matter in the District
Court and in the United States Supreme Court. On May 18, 2016,
Dow, Rockwell and the plaintiffs entered into a settlement
agreement for $375 million, of which $131 million was to be paid
by Dow and $244 million was to be paid by Rockwell (collectively,
the "Settlement Agreement"). The DOE authorized the settlement
pursuant to the PAA and the nuclear hazards indemnity provisions
contained in Dow and Rockwell's contracts. The District Court
granted preliminary approval to the class settlement on August 5,
2016.
On December 13, 2016, the United States Civil Board of Contract
Appeals unanimously ordered the United States government to pay
the amounts stipulated in the Settlement Agreement. At December
31, 2016, the Company had a liability of $130 million related to
this matter (having already paid $1 million towards class notice
costs), included in "Accrued and other current liabilities" in the
consolidated balance sheets and a receivable of $131 million,
included in "Accounts and notes receivable -- Other" in the
consolidated balance sheets.
On January 17, 2017, the Company received a full indemnity payment
($131 million) from the United States government for Dow's share
of the class settlement. The Company subsequently funded an escrow
account for the settlement payment owed to the plaintiffs, which
will remain in escrow until the settlement is approved by the
District Court and finalized.
DYNAMIC RECOVERY: Tesch Files Placeholder Class Certification Bid
-----------------------------------------------------------------
In the lawsuit styled WENDY TESCH, Individually and on Behalf of
All Others Similarly Situated, the Plaintiff, v. DYNAMIC RECOVERY
SOLUTIONS, LLC and CAVALRY SPV I, LLC, the Defendants, Case No.
2:17-cv-00263-PP (E.D. Wisc.), the Plaintiff moves the court to
certify a class, and requests that the Court both stay the motion
for class certification and to grant Plaintiff (and Defendants)
relief from the Local Rules setting automatic briefing schedules
and requiring briefs and supporting material to be filed with the
motion.
To avoid the risk of a defendant mooting a putative class
representative's individual stake in the litigation, the Seventh
Circuit in Damasco instructed plaintiffs to file a certification
motion with the complaint, along with a motion to stay briefing on
the certification motion until discovery could commence. Damasco
v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled,
Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015).
As this motion to certify a class is a placeholder motion as
described in Damasco, the parties and the Court should not be
burdened with unnecessary paperwork and the resulting expense when
a one paragraph, single page motion to certify and stay should
suffice until an amended motion is filed, the Plaintiffs contend.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=AcEOSIeB
The Plaintiff is represented by:
Shpetim Ademi, Esq.
John D. Blythin, Esq.
Mark A. Eldridge, Esq.
Denise L. Morris, Esq.
ADEMI & O'REILLY, LLP
3620 East Layton Avenue
Cudahy, WI 53110
Telephone: (414) 482 8000
Facsimile: (414) 482 8001
E-mail: sademi@ademilaw.com
jblythin@ademilaw.com
meldridge@ademilaw.com
dmorris@ademilaw.com
EAST TEXAS MEDICAL: Faces "Young" Class Suit in N.D. Oklahoma
-------------------------------------------------------------
A class action lawsuit has been commenced against East Texas
Medical Center Regional Healthcare System, Inc., East Texas
Medical Center Regional Health Services, Inc., Paramedics Plus,
L.L.C., Emergency Medical Services Authority, Herbert Steven
Williamson, and Kent Torrence.
The case is captioned Robert Young, on behalf of himself and all
others similarly situated v. East Texas Medical Center Regional
Healthcare System, Inc., East Texas Medical Center Regional Health
Services, Inc., Paramedics Plus, L.L.C., Emergency Medical
Services Authority, Herbert Steven Williamson, and Kent Torrence,
Case No. 4:17-cv-00101-GKF-TLW (N.D. Ok., February 27, 2017).
The Defendants operate primary, secondary and tertiary healthcare
facilities across Texas.
The Plaintiff is represented by:
Bobby Leon Latham Jr., Esq.
Brandy Lynn Inman, Esq.
Heather Marie Kinsaul, Esq.
Marcus N. Ratcliff, Esq.
LATHAM WAGNER STEELE LEHMAN
10441 S. Regal Blvd Ste 200
Tulsa, OK 74133
Telephone: (918) 970-2000
Facsimile: (918) 970-2002
E-mail: blatham@lswsl.com
binman@lwsl-law.com
hkinsaul@lwsl-law.com
mratcliff@lwsl-law.com
- and -
Robert Kenneth Pezold, Esq.
LATHAM WAGNER STEELE LEHMAN
1502 S Boulder Ave Ste 15A
Tulsa, OK 74119
Telephone: (918) 625-0003
E-mail: rpezold@pbwtulsa.com
EMERGENCY COVERAGE: "Harbin" Suit Seeks Class Certification
-----------------------------------------------------------
In the lawsuit captioned DUSTIN HARBIN and JIMMY PRUITT, on behalf
of plaintiffs and class, the Plaintiffs, v. EMERGENCY COVERAGE
CORPORATION, and ACCOUNT RESOLUTION TEAM, INC., the Defendants,
Case No. 3:16-CV-125-TRM-HBG (E.D. Tenn.), the Plaintiffs ask the
Court to issue an order granting a motion to certify their lawsuit
as a class action, appoint Plaintiffs as class representatives,
and their counsel as class counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=AtYIVzJZ
The Plaintiffs are represented by:
Alan C. Lee, Esq.
DUSTIN HARBIN
JIMMY PRUITT
Talbott, TN 37877-1357
Telephone: (423) 581 0924
E-mail: aleeattorney@gmail.com
- and -
Scott C. Borison, Esq.
1900 S. Norfolk St., Suite 350
San Mateo CA 94403
Telephone: (301) 620 1016
E-mail: borison@legglaw.com
- and -
Peter A. Holland, Esq.
THE HOLLAND LAW FIRM, P.C.
914 Bay Ridge Road, Ste. 230
Annapolis, MD 21403
Telephone: (410) 280 6133
E-mail: peter@hollandlawfirm.com
ESSA BANCORP: To Defend Class Suit Over Kickbacks
-------------------------------------------------
ESSA Bancorp, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on February 9, 2017, for the
quarterly period ended December 31, 2016, that the Bank was named
as a defendant in an action commenced on December 8, 2016 by one
plaintiff who will also seek to pursue this action as a class
action on behalf of the entire class of people similarly situated.
The plaintiff alleges that a bank previously acquired by ESSA
Bancorp, Inc., in the process of making loans, received unearned
fees and kickbacks in violation of the Real Estate Settlement
Procedures Act.
The Bank intends to vigorously defend against such allegations. To
the extent that pending or threatened litigation could result in
exposure to the Bank, the amount of such exposure is not currently
estimable.
The primary purpose of the Company is to act as a holding company
for ESSA Bank & Trust.
EXPERIAN INFORMATION: Reyes Seeks to Certify 2 FCRA Classes
-----------------------------------------------------------
In the lawsuit captioned DEMETA REYES, individually and on behalf
of all others similarly situated, the Plaintiff, v. EXPERIAN
INFORMATION SOLUTIONS, INC., the Defendant, Case No. 8:16-cv-
00563-AG-AFM (C.D. Cal.), the Plaintiff will move the Court on
April 24, 2017, at 10:00 a.m., before the Hon. Andrew Guilford in
Courtroom 10D, Tenth Floor of the Ronald Reagan Federal Building
and United States Courthouse, for an order certifying these
classes:
Count I of the First Amended Complaint for violation of the Fair
Credit Reporting Act:
"all persons whose Experian consumer report contained an
account from Delbert Services Corp. reflecting delinquency on
a loan originated by Western Sky Financial, LLC after January
21, 2015";
Count I of the First Amended Complaint for violation of the Fair
Credit Reporting Act:
"all persons whose Experian consumer report included:
Prior to December 21, 2014, an account in good standing
from CashCall, Inc. on a loan originated by Western Sky
Financial, LLC and an account from Delbert Services Corp.
reflecting delinquency on the same loan; and
After January 21, 2015, an account from Delbert Services
Corp. reflecting delinquency on a loan originated by
Western Sky Financial, LLC without a corresponding account
in good standing from CashCall, Inc. reflecting payments
made on the same loan (the Selective Reporting Class)".
Excluded from the proposed classes are Experian's officers,
directors, affiliates, legal representatives, employees,
successors, subsidiaries, and assigns. Also excluded from
the proposed classes is any judge, justice or judicial officer
presiding over this matter and the members of their immediate
families and judicial staff.
The Plaintiff further asks the Court to appoint Demeta Reyes as
the Class Representative on behalf of the Class, or in the
alternative, Selective Reporting Class, and to appoint Stueve
Siegel Hanson LLP as Class Counsel.
A copy of the Notice of Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=Fxb9WpGj
The Plaintiff is represented by:
Jason S. Hartley, Esq.
Norman E. Siegel, Esq.
J. Austin Moore, Esq.
STUEVE SIEGEL HANSON LLP
550 West C Street, Suite 1750
San Diego, CA 92101
Telephone: (619) 400 5822
Facsimile: (619) 400 5832
E-mail: hartley@stuevesiegel.com
siegel@stuevesiegel.com
moore@stuevesiegel.com
EXXON MOBIL: Goldstein et al. Sue Over 2015 Refinery Explosion
--------------------------------------------------------------
ARNOLD GOLDSTEIN, an individual, JOHN COVAS, an individual, and
GISELA JANETTE LA BELLA, an individual, individually and on behalf
of all others similarly situated, the Plaintiffs, v. EXXON MOBIL
CORPORATION, a New Jersey corporation; PBF ENERGY INC, a Delaware
corporation; TORRANCE REFINING COMPANY, LLC, a
Delaware Limited Liability Company; PBF ENERGY WESTERN REGION,
LLC, a Delaware Limited Liability Company; PBF HOLDING COMPANY,
LLC, a Delaware Limited Liability Company; PBF ENERGY COMPANY,
LLC, a Delaware Limited Liability Company; STEVEN STEACH, an
individual; and DOES 1 through 100, inclusive, Case No. BC651059
(Cal. Super. Ct., Feb. 17, 2017), seeks to recover compensatory
damages in an amount to be ascertained at trial, economic damages
due to emergency response and permitting costs according to proof,
past and future damages related to environmental remediation and
incidental costs according to proof, diminution in property value
according to proof;, damages related to harm to public health,
obstruction of the free passage and use of property of public
property, and/or the interference with the comfortable enjoyment
of life or property according to proof.
According to the Plaintiffs, their case represents an example of
corporate choice to place profits over public safety. It arises
from the massive refinery explosion that occurred on February 18,
2015 at Defendants' Torrance Refinery, the extensive fallout from
that explosion, and the continuation of years of neglect, lax
oversight, and corporate indifference to necessary safety,
operating standards, and necessary diligence that have caused
numerous fires, leaks, explosions, and other releases of dangerous
pollutants.
On February 11, 2015 the Fluid Catalytic Cracking (FCC) expander
at the Refinery, a unit that converts oil to gasoline by
"cracking" the large oil molecules apart into smaller ones began
experiencing vibrations that over the course of several days
continued to worsen. On February 16, 2015 the expander vibrations
exceed a specified limit which caused the FCC unit to switch to a
"park" mode by the preset logic controls. The Plaintiffs are
informed and believe that in the early morning of February 18,
2015 maintenance workers who were dispatched to the FCC expander
became concerned due to the amount of steam coming from the FCC
expander. As the concerning steam reduced, however, hydrogen
sulfide alarms started, requiring Refinery workers to exit the FCC
unit. As residents and workers were finishing their morning
commutes on February 18, 2015 a blast which hit the Torrance area
with a shockwave comparable to an earthquake, originated from the
refinery's 12 story electrostatic precipitators (ESP). As a
result, the residents, commuting workers, and business owners of
the Torrance area suffered significant economic harm. The
explosion released dangerous compounds into the atmosphere
surrounding the City of Torrance, was not a freak accident or a
chance occurrence. It was an inevitable byproduct of Defendants'
Willful and conscious disregard of public safety. In the aftermath
of the explosion, copious evidence regarding the multiple health
and safety violations at the refinery all point to one conclusion:
it was only a matter of time until the poor decisions made by
Defendants' officers, directors, and managing agents allowed such
an incident to occur.
The Plaintiffs are represented by:
Matthew J. Matem, Esq.
Tagore Subramaniam, Esq.
Daniel J. Bass, Esq.
MATERN LAW GROUP, PC
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
Telephone: (310) 531 1900
Facsimile: (310) 531 1901
FIFTH STREET: Settlement of Securities Litigation Wins Final OK
---------------------------------------------------------------
Fifth Street Finance Corp. previously disclosed that it had been
named as a defendant in consolidated securities class actions
filed on behalf of stockholders of the Company and pending in the
United States District Court for the Southern District of New York
under the caption In re Fifth Street Finance Corp. Securities
Litigation, No. 15-cv-7759 (LAK), for which the court entered a
proposed settlement order on November 9, 2016. A fairness hearing
was held on February 16, 2017 and the proposed settlement was
approved.
Fifth Street Finance said in its Form 10-Q Report filed with the
Securities and Exchange Commission on February 9, 2017, for the
quarterly period ended December 31, 2016, that no objections or
opt-outs to the settlement in the FSC class-action lawsuits were
received by the deadline.
In October and November of 2015, the Company, its executive
officers and Fifth Street Asset Management Inc. ("FSAM"), a
publicly traded alternative asset manager, were named as
defendants in three putative securities class-action lawsuits
filed in New York and Connecticut federal courts (and later
consolidated in New York). The lawsuits alleged violations of
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 on
behalf of a putative class of investors who purchased FSC common
stock between July 7, 2014, and February 6, 2015. The lawsuits
alleged in general terms that defendants engaged in a purportedly
fraudulent scheme designed to artificially inflate the true value
of our investment portfolio and investment income in order to
increase FSAM's revenue. The plaintiffs sought compensatory
damages and attorneys' fees and costs, among other relief, but did
not specify the amount of damages being sought.
A lead plaintiff was selected in February 2016, a consolidated
complaint similar to the original complaint was filed in April
2016, and a motion to dismiss the consolidated complaint was filed
in May 2016.
The parties agreed in July to settle the case for $14.1 million,
with approximately 99% of the settlement amount to be paid from
insurance coverage. Confirmatory discovery was completed in August
2016, and the lead plaintiff filed the proposed settlement with
the court in September.
On November 9, 2016, the court authorized the parties to send
notice to the class and scheduled a fairness hearing for February
16, 2017. No objections or opt-outs to the settlement were
received by the deadline.
Additional information on the case is available at:
http://www.fscsecuritiessettlement.com
Fifth Street Finance Corp. is a specialty finance company that is
a closed-end, non-diversified management investment company. The
Company has elected to be regulated as a business development
company under the 1940 Act. The Company has qualified and elected
to be treated as a regulated investment company ("RIC") under the
Internal Revenue Code of 1986, as amended (the "Code"), for tax
purposes.
FIFTH STREET: Plaintiff Fees Paid from Insurance Coverage
---------------------------------------------------------
Fifth Street Finance Corp. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on February 9, 2017, for
the quarterly period ended December 31, 2016, that plaintiff fees
and expenses of $0.4 million in the FSC Delaware Class-Action
Lawsuit were paid from insurance coverage during the three months
ended December 31, 2016.
On January 29, 2016, James Craig filed a putative stockholder
class-action lawsuit in the Court of Chancery of the State of
Delaware against the Company's officers and directors, Fifth
Street Management, Fifth Street Asset Management Inc. ("FSAM"),
the Company and Fifth Street Holdings L.P. The complaint alleged
that the defendants breached their fiduciary duties to our
stockholders by, among other things, issuing an incomplete or
inaccurate preliminary proxy statement that purportedly attempted
to mislead our stockholders into voting against proposals to be
presented by another shareholder in a proxy contest in connection
with the Company's 2016 annual meeting. The complaint sought,
among other things, an injunction preventing the Company and its
Board of Directors from soliciting proxies for the 2016 annual
meeting until additional disclosures were issued. The plaintiff
moved for expedited proceedings and for a preliminary injunction.
Defendants opposed plaintiff's motion for expedited proceedings
and moved to dismiss the case. The Company also filed another
amendment to the preliminary proxy statement, making additional
disclosures relating to issues raised by plaintiff.
On February 16, 2016, plaintiff withdrew his motions for a
preliminary injunction and expedited proceedings. Plaintiff later
informed the court that his case had become moot upon the
withdrawal of the competing proxy proposal, and he moved for a
"mootness fee."
On September 23, 2016, the court awarded plaintiff fees and
expenses of $0.4 million, which were paid from insurance coverage
during the three months ended December 31, 2016.
Fifth Street Finance Corp. is a specialty finance company that is
a closed-end, non-diversified management investment company. The
Company has elected to be regulated as a business development
company under the 1940 Act. The Company has qualified and elected
to be treated as a regulated investment company ("RIC") under the
Internal Revenue Code of 1986, as amended (the "Code"), for tax
purposes.
FIRST STEP: Kobleski Files Placeholder Class Certification Bid
--------------------------------------------------------------
In the lawsuit styled MICHAEL KOBLESKI, Individually and on
Behalf of All Others Similarly Situated, the Plaintiff, v. FIRST
STEP GROUP, LLC, and CACH, LLC, the Defendants, Case No. 2:17-cv-
00261-NJ (E.D. Wisc.), the Plaintiff moves the court to certify a
class, and requests that the Court both stay the motion for class
certification and to grant Plaintiff (and Defendants) relief from
the Local Rules setting automatic briefing schedules and requiring
briefs and supporting material to be filed with the motion.
To avoid the risk of a defendant mooting a putative class
representative's individual stake in the litigation, the Seventh
Circuit in Damasco instructed plaintiffs to file a certification
motion with the complaint, along with a motion to stay briefing on
the certification motion until discovery could commence. Damasco
v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled,
Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015).
As this motion to certify a class is a placeholder motion as
described in Damasco, the parties and the Court should not be
burdened with unnecessary paperwork and the resulting expense when
a one paragraph, single page motion to certify and stay should
suffice until an amended motion is filed, the Plaintiffs contend.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=bTtHcLiT
The Plaintiff is represented by:
Shpetim Ademi, Esq.
John D. Blythin, Esq.
Mark A. Eldridge, Esq.
Denise L. Morris, Esq.
ADEMI & O'REILLY, LLP
3620 East Layton Avenue
Cudahy, WI 53110
Telephone: (414) 482 8000
Facsimile: (414) 482 8001
E-mail: sademi@ademilaw.com
jblythin@ademilaw.com
meldridge@ademilaw.com
dmorris@ademilaw.com
FITNESS INTERNATIONAL: "Morrison" Suit Seeks Unpaid Wages
---------------------------------------------------------
LA TOIYA MORRISON individually and on behalf of all other
similarly aggrieved employees, the Plaintiff, v. FITNESS
INTERNATIONAL, LLC d/b/a/ LA FITNESS, a California Corporation,
the Defendant, Case No. 30-2017-00903963-CU-OE-CXC (S.D. Fla.,
Feb. 17, 2017), seeks to recover unpaid sick leave and lose wages.
The case is a representative action, pursuant to Labor Code
Private Attorneys General Act of 2004 for civil penalties and
attorney's fees and costs, on behalf of Plaintiff and all other
current and former aggrieved employees who are or have been
employed as group fitness instructors or in a similar capacity by
the Defendants in California.
The Defendant is a privately-owned health club chain and is one of
the largest nonfranchised fitness club operators in the United
States. Defendant operates approximately 676 fitness clubs under
the name LA Fitness in North America, including 649 clubs in 29
states, and 27 clubs in Canada.
The Plaintiff is represented by:
Julian Hammond, Esq.
Polina Pecherskaya, Esq.
Art Cherniak, Esq.
HAMMONDLAW, P.C.
1829 Reisterstown Rd., Suite 410
Baltimore, MD 21208
Telephone: (310) 601 6766
Facsimile: (310) 295 2385
E-mail: JHammond@hammondlawpc.com
ppecherskaya@hammondlawpc.com
AChemiak@hammondlawpc.com
FLOWERAMA INC: "Rubio" Suit Alleges Labor Law Violations
--------------------------------------------------------
LUIS RUBIO, on Behalf of Himself and All Others Similarly
Situated, the Plaintiffs, v. FLOWERAMA, INC. d/b/a THE PETAL
PUSHER, SYDNEE K. ABEL and WILLIAM MARTINEZ, the Defendants, Case
No. 1:17-cv-01248 (S.D.N.Y., Feb. 17, 2017), seeks to remedy
violations of the wage and hour provisions of the Fair labor
Standards Act (FLSA).
The Plaintiffs were employed by Defendants as floral arrangers,
delivery people, and customer service representatives, whose
duties included, but were not limited to, cutting and removing
thorns from flowers, making floral arraignments, providing
customer service and making local floral deliveries on foot
(Floral Workers).
The Floral Workers perform similar job duties, are subject to the
same employment policies, practices and procedures, and are
directed by Defendants on how to perform their work.
The Defendants are involved in the arrangement, sale, and delivery
of flowers and floral arrangements.
The Plaintiff is represented by:
William Cafaro, Esq.
Law Offices of William Cafaro
108 West 39th Street, Suite 602
New York, NY 10018
Telephone: (212) 583 7400
FOFO'S TOY: Morgan & Curtis Assoc. Sues Over Spam Fax
-----------------------------------------------------
MORGAN & CURTIS ASSOCIATES, INC., on behalf of itself and all
others similarly situated, the Plaintiff, v. FOFO'S TOY INC. D/B/A
THE EMPORIUM, the Defendant, Case No. 2:17-cv-01032 (E.D.N.Y.,
Feb. 23, 2017), seeks redress for the wrongs
done by Defendant in violation of the Telephone Consumer
Protection Act (TCPA) and N.Y. General Business Law.
The Defendant has sent or caused to be sent over 5000 unsolicited
and solicited fax advertisements for goods and/or services without
proper opt-out notices to persons throughout the United States
within the applicable limitations period for the TCPA, which is
four years. As a result, Defendant is liable to Plaintiff and the
proposed Classes A and B of similarly situated persons under the
TCPA.
The Emporium was a department store founded in 1896 in San
Francisco.
The Plaintiff is represented by:
Aytan Y. Bellin, Esq.
BELLIN & ASSOCIATES LLC
85 Miles Avenue
White Plains, NY 10606
Telephone: (914) 358 5345
Facsimile: (212) 571 0284
E-mail: aytan.bellin@bellinlaw.com
FORD MOTOR: Still Defends Sudesh Agrawal Class Suit
---------------------------------------------------
Ford Motor Credit Company v. Sudesh Agrawal has been remanded to
trial court for further proceedings, Ford Motor Credit Company LLC
said in its Form 10-K Report filed with the Securities and
Exchange Commission on February 9, 2017, for the fiscal year ended
December 31, 2016.
On January 18, 2011, a state trial court judge in Cuyahoga County,
Ohio certified a nationwide class action with an Ohio subclass in
a counterclaim arising out of a collection action. Class
claimants allege breach of contract, fraud, and statutory
violations for Ford Credit's lease-end wear and use charges. Class
claimants allege that the standard applied by Ford Credit in
determining the condition of vehicles at lease-end is different
than the standard set forth in claimants' leases. The Court of
Appeals of Ohio, Eighth Appellate District, affirmed nationwide
class certification and certification of an Ohio subclass.
The Company said, "We appealed, and on December 17, 2013, the
Supreme Court of Ohio reversed the Court of Appeals and remanded
the case for further proceedings. On March 13, 2014, the Court of
Appeals reversed the trial court order certifying the classes and
remanded the case for further proceedings.
"On September 28, 2015, the trial court re-certified a nationwide
class action with an Ohio subclass. We appealed, and on September
22, 2016, the Court of Appeals reversed the trial court order
certifying the classes and remanded the case for further
proceedings."
Ford Motor Credit offers a wide variety of automotive financing
products to and through automotive dealers throughout the world.
FREEMAN DECORATING: March 27 Hearing on Class Certification Bid
---------------------------------------------------------------
In the lawsuit captioned UTILITY COST MANAGEMENT LLC, a California
limited liability company, and all others similarly situated, the
Plaintiff, v. FREEMAN DECORATING SERVICES, INC, a Texas
corporation; and DOES 1 through 100, inclusive, the Defendants, et
al., Case No. 2:16-cv-01516-BRO-RAO (C.D. Cal.), the Plaintiff
will move the Court on March 27, 2017 before Hon. Beverley Reid
O'Connell for an order to certify a class and appoint class
counsel.
A copy of the Notice of Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=SPWuaewo
The Plaintiff is represented by:
Patrick Fourchy, Esq.
LAW OFFICE OF PATRICK FOURCHY
3716 N First St.
Fresno, CA 93726
Telephone: (559) 225 8324
FUSIONPHARM INC: Sued in Colo. Over Securities Laws Violations
--------------------------------------------------------------
JOSEPH SOLIMAN, Individually and on behalf of all others similarly
situated, the Plaintiff, v. FUSIONPHARM, INC., SCOTT M. DITTMAN,
and WILLIAM J. SEARS, the Defendants, Case No. 1:17-cv-00454 (D.
Colo., Feb. 17, 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.
The case is a federal securities class action on behalf of a class
consisting of all persons other than Defendants who purchased or
otherwise acquired FusionPharm securities between March 31, 2012
and May 16, 2014, both dates inclusive
The Defendants caused the Company to issue materially misleading
statements and/or omit material information regarding the
Company's purported revenues. In particular, Defendants engaged in
a fraudulent scheme by utilizing backdated convertible notes and
preferred FusionPharm stock in order to cause the Company to issue
common stock to entities owned and/or controlled by defendant
William J. Sears ("Sears) (the brother-in-law of the Company's
Chief Executive Officer (CEO), defendant Scott M. Dittman),
including Microcap Management LLC (Microcap), Bayside Realty
Holdings LLC (Bayside) and Meadpoint Venture Partners, LLC.
FusionPharm focuses on the development, production and sales of
its "patent pending PharmPods cultivation container system," which
are refurbished shipping containers used primarily to grow
cannabis.
The Plaintiff is represented by:
Jeffrey A. Berens, Esq.
BERENS LAW LLC
2373 Central Park Boulevard, Suite 100
Denver, CO 80238
Telephone: (303) 861 1764
Facsimile: (303) 395 0393
E-mail: jeff@jberenslaw.com
- and -
Joshua M. Lifshitz, Esq.
Edward W. Miller, Esq.
LIFSHITZ & MILLER LLP
821 Franklin Avenue, Suite 209
Garden City, NY 11530
Telephone: (516) 493 9780
Facsimile: (516) 280 7376
E-mail: jml@jlclasslaw.com
ewm@jlclasslaw.com
GARCIA PAEZ: Illegally Collects Debt, "Pepper" Suit Claims
----------------------------------------------------------
Sharon D. Pepper, an individual on behalf of herself and all
others similarly situated v. Garcia Paez, P.A. and Joseph A.
Garcia, Case No. 1:17-cv-20766-JLK (S.D. Fla., February 27, 2017),
seeks to stop the Defendant's unfair and unconscionable means to
collect a debt.
The Defendants operate a law firm located at 5979 NW 151st St
#111, Miami Lakes, FL 33014.
The Plaintiff is represented by:
Robert William Murphy, Esq.
ROBERT W MURPHY, ATTORNEY AT LAW
1212 SE 2nd Avenue
Fort Lauderdale, FL 33316
Telephone: (954) 763-8660
Facsimile: 763-8607
E-mail: rphyu@aol.com
GENERAC POWER: Swisegood Sues Over Defective Generator
------------------------------------------------------
JOSEPH SWISEGOOD, on behalf of himself and all others similarly
situated, the Plaintiff, v. GENERAC POWER SYSTEMS, INC., the
Defendant, Case No. 4:17-cv-04058-SLD-JEH (C.D. Ill., Feb. 17,
2017), seeks to recover economic and compensatory damages,
Restitution, actual damages sustained together with any and all
statutory damages, multipliers, or enhancements allowed, punitive
damages, as otherwise applicable, injunctive and declaratory
relief, and reasonable attorneys' fees and reimbursement of all
costs for prosecution of the action.
The case is an action on behalf of Plaintiff, and a class of all
others similarly situated, against Generac, the manufacturer of
generators that are defective as they are prone to leak oil. As
evidenced by its issuance of at least one service bulletin
concerning the tendency of its generators to leak, Generac knew of
this defect. Yet it failed to tell its customers that their
generators were prone to leaking, despite the fact that it knew
that this leaking was likely to occur while the generators owned
by Plaintiff and the putative class members were still under
warranty. As a result of Generac's failure to remedy this defect
in its generators, their generators not only leaked oil, but were
prone to motor failure resulting from the generators running
without sufficient oil-motor failure that Generac has
systematically refused to remedy. Thus, a relatively small defect
that could have been easily fixed by Generac has, due to Generac's
misconduct, resulted in Plaintiff and class members being forced
to expend considerable sums to replace the motors of their
generators.
The Plaintiff is a resident of Nauvoo, Illinois. Swisegood
purchased a 120/240 volt GP 3250 model Generac generator in 2016
at his local Menards. Prior to purchase, he reviewed the box, and
he had a conversation with the store's sales agent. The sales rep
told Mr. Swisegood that the Generator was a reliable and durable
product and would come with a warranty. Plaintiff Swisegood relied
on those representations and decided to purchase the Generator.
Plaintiff Swisegood paid $487.00 for the Generator. After three
months, the Generator began to leak oil and not work as
advertised. As a result, Plaintiff Swisegood called Defendant and
put them on notice of the defects he noticed. Defendant refused to
repair the Generator or honor the warranty that it came with.
The Plaintiff is represented by:
Michael J. Flannery, Esq.
CUNEO GILBERT & LADUCA, LLP
7733 Forsyth Boulevard, Suite 1675
Clayton, MO 63105
Telephone: (314) 226 1015
Facsimile: (202) 789 1813
E-mail: mflannery@cuneolaw.com
- and -
Charles J. LaDuca, Esq.
Katherine Van Dyck, Esq.
CUNEO GILBERT & LADUCA, LLP
4725 Wisconsin Avenue, NW, Suite 200
Washington, DC 20016
Telephone: (202) 789 3960
Facsimile: (202) 789 1813
E-mail: charles@cuneolaw.com
kvandyck@cuneolaw.com
- and -
Michael McShane, Esq.
S. Clinton Woods, Esq.
AUDET & PARTNERS, LLP
711 Van Ness Avenue, No. 500
San Francisco, CA 94102
Telephone: (415) 568 2555
Facsimile: (415) 576 1776
E-mail: mmcshane@audetlaw.com
- and -
Robert K. Shelquist, Esq.
Craig S. Davis, Esq.
Rebecca A. Peterson, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Avenue S., Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339 6900
Facsimile: (612) 339 0981
E-mail: rkshelquist@locklaw.com
csdavis@locklaw.com
rapeterson@locklaw.com
- and -
Charles E. Schaffer, Esq.
LEVIN, FISHBEIN, SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: 215 592 1500
E-mail: cschaffer@lfsblaw.com
- and -
J. Barton Goplerud, Esq.
Brian O. Marty, Esq.
SHINDLER, ANDERSON, GOPLERUD& WEESE, P.C.
5015 Grand Ridge Drive, Suite 100
West Des Moines, IA 50265
Telephone: (515) 223 4567
Facsimile: (515) 223 8887
E-mail: goplerud@sagwlaw.com
marty@sagwlaw.com
GENWORTH FINANCIAL: Rosenfeld Family Suit Moved to E.D. Va.
-----------------------------------------------------------
The class action lawsuit titled ROSENFELD FAMILY TRUST, On Behalf
of Itself and All Others Similarly Situated, the Plaintiff, v.
GENWORTH FINANCIAL, INC., THOMAS J. MCINERNEY, JAMES S. RIEPE,
WILLIAM H. BOLINDER, G. KENT CONRAD, MELINA E. HIGGINS, DAVID M.
MOFFETT, THOMAS E. MOLONEY, and JAMES A. PARKE, the Defendants,
Case No. 1:17-cv-00073 was transferred from the U.S. District
Court for the District of Delaware, to the U.S. District Court for
the Eastern District of Virginia - (Richmond). The District Court
Clerk assigned Case No. 3:17-cv-00156-REP to the proceeding.
The case is a class action brought on behalf of the public
stockholders of Genworth Financial, Inc. against Genworth and its
Board of Directors (the "Board" or the "Individual Defendants")
for their violations of Sections 14(a) and 20(a) of the Securities
Exchange Act of 1934 and to enjoin the vote on a proposed
transaction, pursuant to which Genworth will be acquired by China
Oceanwide Holdings Group Co., Ltd. ("China Oceanwide") through its
newly formed subsidiary Asia Pacific Global Capital Co., Ltd.
On October 23, 2016, Genworth issued a press release announcing
that it had entered into an Agreement and Plan of Merger (the
"Merger Agreement") to sell Genworth to China Oceanwide. Under the
terms of the Merger Agreement, China Oceanwide will acquire all
outstanding shares of Genworth for $5.43 in cash per share of
Genworth's Class A common stock (the "Merger Consideration").
China Oceanwide will also contribute to Genworth $600 million of
cash to address Genworth's debt maturing in 2018, and $525 million
of cash to the U.S. life insurance businesses. The Proposed
Transaction is valued at approximately $2.7 billion.
The Proposed Transaction is the result of an unfair process
designed to ensure the sale of Genworth to China Oceanwide on
terms preferential to defendants and other Company insiders. The
Proposed Transaction is being driven by Genworth insiders, who not
only stand to benefit from the accelerated vesting of their
unvested equity awards, but have also secured employment with the
combined company.
Genworth Financial is a Fortune 500 insurance company. The firm
was founded as The Life Insurance Company of Virginia in 1871.
The Plaintiff is represented by:
Richard A. Acocelli
Michael A. Rogovin
Kelly C. Keenan
WEISSLAW LLP
1500 Broadway, 16th Floor
New York, NY 10036
Telephone: (212) 682 3025
- and -
Daniel Patrick Murray, Esq.
O'KELLY & ERNST LLC
901 North Market Street, Suite 1000
Wilmington, DE 19801
Telephone: (302) 778 4000
E-mail: rernst@oelegal.com
dmurray@oelegal.com
The Defendants are represented by:
Daniel A. Dreisbach, Esq.
Jeffrey L. Moyer, Esq.
Sarah Anne Clark, Esq.
Srinivas Mudunuri Raju, Esq.
RICHARDS, LAYTON & FINGER, PA
One Rodney Square, Suite 600
920 N. King Street
Wilmington, DE 19801
Telephone: (302) 651 7700
- and -
Edward Joseph Fuhr, Esq.
George Peter Sibley, III
Johnathon Earl Schronce, Esq.
HUNTON & WILLIAMS LLP
951 E Byrd St
Riverfront Plaza
Richmond, VA 23219
Telephone: (804) 788 8200
E-mail: gsibley@hunton.com
efuhr@hunton.com
jschronce@hunton.com
GLOBAL EAGLE: M&M Hart Trust Sues Over Exchange Act Violations
--------------------------------------------------------------
M & M HART LIVING TRUST, Individually and on Behalf of All Others
Similarly Situated, the Plaintiff, v. GLOBAL EAGLE ENTERTAINMENT
INC., DAVID M. DAVIS, THOMAS E. SEVERSON JR., and MICHAEL ZEMETRA,
the Defendants, Case No. 2:17-cv-01479 (C.D. Cal., Feb. 23, 2017),
seeks to recover compensable damages caused by Defendants'
violations of the federal securities laws and to pursue remedies
under the Securities Exchange Act of 1934.
The case is a federal securities class action on behalf of a class
consisting of all persons other than Defendants who purchased or
otherwise acquired common shares of Global Eagle between July 27,
2016 and February 17, 2017, both dates inclusive.
On July 27, 2016, Global Eagle announced that it had completed its
previously announced acquisition of Emergency Markets
Communications ("EMC"), a communications services provider to
maritime and hard-to-reach land markets. Throughout the Class
Period, Defendants made materially false and misleading statements
regarding the Company's business, operational and compliance
policies. Specifically, Defendants made false and/or misleading
statements and/or failed to disclose that: (i) Global Eagle was
unable to timely and properly account for the EMC
acquisition; (ii) consequently, the Company lacked effective
internal controls over financial reporting; and (iii) as a result,
Global Eagle's financial statements were materially false and
misleading at all relevant times.
Global Eagle provides content, connectivity, and digital media
solutions for travel industry worldwide. The Company operates
through two segments, Connectivity and Content. The Connectivity
segment offers Wi-Fi Internet connectivity through Kuband
satellite transmissions. This segment offers specialized network
equipment, media applications, and premium content services that
allow airline passengers to access in-flight Internet, live
television, on-demand content, texting services, shopping, and
flight and destination information, as well as real-time data and
operations solutions.
The Plaintiff is represented by:
Jennifer Pafiti, Esq.
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Hui M. Chang, Esq.
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
468 North Camden Drive
Beverly Hills, CA 90210
Telephone: (818) 532 6499
E-mail: jpafiti@pomlaw.com
jalieberman@pomlaw.com
ahood@pomlaw.com
hchang@pomlaw.com
pdahlstrom@pomlaw.com
- and -
Peretz Bronstein, Esq.
BRONSTEIN, GEWIRTZ
& GROSSMAN, LLC
60 East 42nd Street, Suite 4600
New York, NY 10165
Telephone: (212) 697 6484
Facsimile: (212) 697 7296
E-mail: peretz@bgandg.com
GREAT AMERICAN: Faces "Wasserman" Suit Over Failure to Pay OT
-------------------------------------------------------------
Laurie Wasserman, individually and on behalf of all others
similarly situated v. Great American Jewlery, Inc., Laurie
Chariton, and Lawrence Chariton, Case No. 2:17-cv-01089-SJF-SIL
(E.D.N.Y., February 27, 2017), is brought against the Defendants
for failure to pay overtime wages in violation of the Fair Labor
Standards Act.
Great American Jewlery, Inc. specializes in supplying fashion
jewelry to dollar stores and thrift stores.
Laurie Wasserman is a pro se plaintiff.
IDEAL CONCEPTS: Faces "Gould" Suit Over Unsolicited Calls
---------------------------------------------------------
CATHERINE GOULD, individually and on behalf of all others
similarly situated, the Plaintiff, v. IDEAL CONCEPTS, INC. d/b/a
AMERICAN INSURANCE ORGANIZATION, the Defendant, Case No.
2017CH02439 (Ill. Cir. Ct., Feb. 17, 2017), seeks to recover
damages of $500.00 per call made by Ideal Concepts and up to
$1,500.00 per call if the Court finds that Ideal Concepts
willfully violated the Telephone Consumer Protection Act (TCPA).
By making calls to the cell phones of Gould and the members of the
putative class without first obtaining their prior express written
consent, Ideal Concepts violated the express provisions of the
TCPA. Ideal Concepts knew or should have known that Gould and
members of the putative class did not provide their prior express
written consent to receive calls on their cell phones.
Ideal Concepts does business as American Insurance Organization.
American Insurance Organization is registered as a fictitious name
for Ideal Concepts with the office of the Pennsylvania Secretary
of State. Ideal Concepts markets and sells insurance products to
the general public, including health and life insurance.
The Plaintiff is represented by:
James X. Bormes, Esq.
LAW OFFICE OF JAMES X. BORMES, P.C.
8 South Michigan Avenue, Suite 2600
Chicago, IL 60603
Telephone: (312) 201 0575
Facsimile:(312) 332 0600
E-mail: jxbormes@bormeslaw.com
- and -
David T. Butsch, Esq.
Christopher E. Roberts, Esq.
BUTSCH ROBERTS & ASSOCIATES LLC
231 South Bemiston Avenue, Suite 260
Clayton, MO 63105
Telephone: (314) 863 5700
Facsimile: (314) 863 5711
E-mail: butsch@butschroberts.com
roberts@butschroberts.com
IMMEDIATE CREDIT: March 20 Hearing on "Hovermale" Class Cert. Bid
-----------------------------------------------------------------
In the lawsuit titled JENNIFER D. HOVERMALE, on behalf of herself
and all others similarly situated, the Plaintiff, v. IMMEDIATE
CREDIT RECOVERY, INC., the Defendant, Case No. 1:15-cv-05646-RBK-
JS (D.N.J.), the Plaintiff will move the Court on March 20, 2017,
in Courtroom 4D, at the United States Court for the District of
New Jersey, for an Order certifying the case to proceed as a class
action.
A copy of the Notice of Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=U8s1PF3J
The Plaintiff is represented by:
Philip D. Stern, Esq.
Andrew T. Thomasson, Esq.
STERN THOMASSON LLP
150 Morris Avenue, 2nd Floor
Springfield, NJ 07081-1315
Telephone: (973) 379 7500
IMMUNOMEDICS INC: Hagens Berman, Lite DePalma to Lead Case
----------------------------------------------------------
In the case, Fergus v. Immunomedics, Inc., et al., No. 2:16-cv-
03335 (D.N.J.), Magistrate Judge Cathy L. Waldor entered an order
granting a motion to consolidate cases, appoint lead plaintiff,
and approve lead and liaison counsel. The law firm Hagens Berman
Sobol Shapiro LLP is appointed Lead Counsel for the Class and the
law firm Lite DePalma Greenberg, LLC is appointed as Liaison
Counsel in the action. Mr. Sensung Tsai is appointed to serve as
Lead Plaintiff.
Immunomedics, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on February 9, 2017, for the
quarterly period ended December 31, 2016, that two purported class
action cases have been filed in the United States District Court
for the District of New Jersey; namely, Fergus v. Immunomedics,
Inc., et al., No. 2:16-cv-03335, filed June 9, 2016; and Becker v.
Immunomedics, Inc., et al., No. 2:16-cv-03374, filed June 10,
2016. These cases arise from the same alleged facts and
circumstances, and seek class certification on behalf of
purchasers of our common stock between April 20, 2016 and June 2,
2016 (with respect to the Fergus matter) and between April 20,
2016 and June 3, 2016 (with respect to the Becker matter). These
cases concern the Company's statements in press releases, investor
conference calls, and SEC filings beginning in April 2016 that the
Company would present updated information regarding its IMMU-132
breast cancer drug at the 2016 American Society of Clinical
Oncology ("ASCO") conference in Chicago, Illinois.
The complaints allege that these statements were false and
misleading in light of June 2, 2016 reports that ASCO had
cancelled the presentation because it contained previously
reported information. The complaints further allege that these
statements resulted in artificially inflated prices for our common
stock, and that the Company and certain of its officers are thus
liable under Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934.
An order of voluntarily dismissal without prejudice was entered on
November 10, 2016 in the Becker matter. As of Feb. 9, service of
the initiating papers in the Fergus matter has not been made on
the Company.
IMMUNOMEDICS INC: "Desanctis" Stockholder Suit Underway
-------------------------------------------------------
Immunomedics, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on February 9, 2017, for the
quarterly period ended December 31, 2016, that the Delaware Court
of Chancery has refused to schedule an expedited hearing in the
stockholder class action, Desanctis v. Goldenberg, C.A.
On December 13, 2016, plaintiff commenced an action captioned
Desanctis v. Goldenberg, C.A. No. 12981-VCL (Del. Ch. Ct.),
alleging that the Company's Board of Directors failed to comply
with Delaware law and breached their fiduciary duties when it
rescheduled the Immunomedics 2016 Annual Meeting of Stockholders
from December 14, 2016 to February 16, 2017.
On December 22, 2016, the Delaware Court of Chancery refused to
schedule an expedited hearing in the action and concluded that
plaintiff failed to carry his burden of demonstrating that he had
pleaded a colorable claim and that there was a threat of
irreparable harm. The Court further stated that the Complaint
failed to demonstrate that the Board's actions were unreasonable
when it rescheduled the Annual Meeting in response to the proxy
contest initiated by venBio Select Advisor LLC.
Immunomedics is a clinical-stage biopharmaceutical company that
develops monoclonal antibody-based products for the targeted
treatment of cancer, autoimmune and other serious diseases.
INNOVATIVE DINING: Teeter Seeks Unpaid Wages Under Labor Code
-------------------------------------------------------------
BENJAMIN L. TEETER; AND ALL OTHERS SIMILARLY SITUATED, the
Plaintiff, v. INNOVATIVE DINING GROUP, LLC; SUSHI CONCEPTS SM, LLC
dba SUSHI ROKU; and DOES 1 through 50, inclusive, the Defendant,
Case No. BC 651002 (Cal. Super. Ct., Feb. 17, 2017), seeks to
recover monetary relief against Defendants on behalf of
himself and all others similarly situated in California to
recover, among other things, unpaid wages and benefits, interest,
attorney's fees, costs and expenses, and penalties pursuant to
Labor Code.
The Plaintiff brought the putative class and representative action
against Defendants on behalf of himself and other similarly-
situated present and former California residents who are currently
working, or have worked, for Defendants in California in non-
exempt positions. The Plaintiffs allege that Defendants have
engaged in a systematic pattern of wage and hour violations under
the California Labor Code and Industrial Welfare
Commission (IWC) wage orders, all of which contribute to
Defendants' deliberate unfair competition.
The Plaintiff alleges that Defendants have increased their profits
by violating state wage and hour laws by, among other things:
failing to pay minimum wages; failing to pay overtime
compensation; requiring employees to participate in unlawful tip
pooling; failing to provide meal periods or compensation in lieu
thereof; failing to authorize or permit rest breaks or provide
compensation in lieu; failing to provide accurate itemized wage
statements; and failing to pay all wages due upon separation of
employment.
Innovative Dining has restaurants all over Los Angeles, Las Vegas,
and Scottsdale.
The Plaintiff is represented by:
David B. Van Etten, Esq.
Keith A. Sipprelle, Esq.
VAN ETTEN SIPPRELLE LLP
2801 Townsgate Road, Suite 210
Westlake Village, CA 91361
Telephone: (805) 719 4900
Facsimile: (805) 719 4950
ISORAY INC: Settlement of Securities Litigation Wins Final OK
-------------------------------------------------------------
IsoRay, Inc. (NYSE MKT: ISR), a medical technology company and
innovator in seed brachytherapy and medical radioisotope
applications for the treatment of prostate, brain, lung, head and
neck and gynecological cancers, on March 9 announced that the
previously announced Stipulation of Settlement has been approved
by the U.S. District Court for the Eastern District of Washington.
The Settlement, in which the parties agreed to settle the
consolidated securities class action litigation, IsoRay, Inc.
Securities Litigation, Case No. 4:15-cv-05046-LRS (the
"Litigation"), was first announced on September 27, 2016.
The court has entered an order and final judgment that will (i)
dismiss with prejudice and release the claims asserted in the
complaint against the defendants, including IsoRay, and any claims
that could have been asserted that arise or relate to the facts
alleged in the complaint, such that every member of the settlement
class will be barred from asserting such claims in the future, and
(ii) approve the payment of the $3,537,500 settlement fund, minus
the payment of attorneys' fees and costs to plaintiff's counsel,
to members of the settlement class, which was previously funded
entirely by IsoRay's insurance carriers. The Defendants have
denied and continue to deny each and all of the claims alleged by
the plaintiffs in the Litigation. Nevertheless, the Defendants
agreed to the Settlement to eliminate the uncertainty,
distraction, burden, and expense of further litigation.
IsoRay said in its Form 10-Q Report filed with the Securities and
Exchange Commission on February 9, 2017, for the quarterly period
ended December 31, 2016, that on May 22, 2015, the first of three
lawsuits was filed against IsoRay, Inc. and two of its then-
current officers -- Dwight Babcock (the Company's retired CEO) and
Brien Ragle (the Company's former CFO) -- related to a press
release on May 20, 2015 regarding a May 19 online publication of
the peer-reviewed article in the journal Brachytherapy titled
"Analysis of Stereotactic Radiation vs. Wedge Resection vs. Wedge
Resection Plus Cesium-131 Brachytherapy in Early-Stage Lung
Cancer" by Dr. Bhupesh Parashar, et al. The lawsuits are class
actions alleging violations of the federal securities laws.
By Order dated August 17, 2015, all of the pending lawsuits were
consolidated into one case -- In re IsoRay, Inc. Securities
Litigation; Case No. 4:15-cv-05046-LRS, in the US District Court
for the Eastern District of Washington.
On October 16, 2015, an amended complaint was filed with more
detailed allegations relating to alleged violations of federal
securities laws. On December 15, 2015, IsoRay filed a motion to
dismiss the complaint altogether.
On June 1, 2016, the court entered an order denying IsoRay's
motion to dismiss, holding that the complaint's allegations, if
accepted as true, state a plausible claim to relief. The order did
not adjudicate the merits of the lawsuit. No other issues were
decided in the ruling.
On June 15, 2016, IsoRay filed its answer to the amended
complaint. As IsoRay previously disclosed, on September 23, 2016,
the parties entered into a stipulation of settlement which, if it
becomes final, will provide for a payment to the plaintiff class
of $3,537,500, which will be paid by our insurers.
On October 4, 2016, the stipulation of settlement was filed with
the court, along with plaintiffs' unopposed motion for preliminary
approval of the settlement.
On October 20, 2016, the court granted preliminary approval of the
settlement. Following notice to class members, the class action is
subject to final approval by the court.
IsoRay, Inc. is a brachytherapy device manufacturer with FDA
clearance and CE marking for a single medical device that can be
delivered to the physician in multiple configurations as
prescribed for the treatment of cancers in multiple body sites.
The Company manufactures and sells this product as the Cesium-131
brachytherapy seed.
ITERIS INC: Defendants' Answer to Stockholder Suit Due April 20
---------------------------------------------------------------
In the case, Ionni v. Bergera, et al., Case No. 16-cv00807 (D.
Del.), Judge Richard G. Andrews granted a stipulation that extends
Defendants' time to respond to the complaint. The Order set these
dates:
Joe Bergera answer due 4/20/2017;
Richard Char answer due 4/20/2017;
Kevin C. Daly answer due 4/20/2017;
Iteris Inc. answer due 4/20/2017;
Gregory A. Miner answer due 4/20/2017;
Abbas Mohaddes answer due 4/20/2017;
Gerard M. Mooney answer due 4/20/2017;
Thomas L. Thomas answer due 4/20/2017;
Mikel H. Williams answer due 4/20/2017.
Iteris, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on February 9, 2017, for the
quarterly period ended December 31, 2016, that on September 15,
2016, a stockholder class action and derivative action (captioned
Ionni v. Bergera, et al., Case No. 16-cv00807-RGA) was filed in
the United States District Court for the District of Delaware (the
"Court") against certain of the Company's current and former
directors and officers (the "Individual Defendants") and the
Company as a nominal defendant (together with the Individual
Defendants, the "Defendants"). The complaint asserts claims for
breach of fiduciary duty and unjust enrichment. Plaintiff
contends that, in 2014 and 2015, the Individual Defendants caused
the Company to issue purportedly false and misleading proxy
statements in connection with the Company's annual meeting of
stockholders in 2014 and 2015 (collectively, the "Proxy
Statements").
In those Proxy Statements, the Company's stockholders were asked
to approve amendments (the "Amendments") to increase the number of
shares of the Company's common stock reserved for issuance under
the Iteris, Inc. 2007 Omnibus Incentive Plan (the "2007 Plan").
Among other things, Plaintiff alleges that the Proxy Statements
were materially false and misleading because they affirmatively
represented that no person could receive more than 500,000 stock
options or SARs under the 2007 Plan in any fiscal year (the "Share
Limit") and failed to disclose that the Compensation Committee had
the discretion to approve an annual grant to a 2007 Plan
participant in excess of that amount. Plaintiff contends that, in
voting to approve the Amendments, the Company's stockholders were
not fully informed and, therefore, the Amendments were not valid.
Plaintiff seeks rescission of any stock options granted pursuant
to the Amendments, including the option to purchase up to
1,350,000 shares of the Company's common stock that was granted in
September 2015 to Mr. Bergera (the "CEO Option") in connection
with his appointment to serve as President and Chief Executive
Officer of the Company.
The Individual Defendants deny that they breached their fiduciary
duties and the Company believes the Amendments were properly
approved and that all of the options granted pursuant to the
Amendments, including the CEO Option, were valid. Nonetheless, to
eliminate the burden, expense and uncertainty of the litigation,
on November 8, 2016, the parties entered into a Memorandum of
Understanding setting forth their agreement in principle to
resolve the litigation. In consideration for a release of claims
and dismissal of this litigation with prejudice, the Company
agreed to submit a proposal at its 2016 Annual Meeting of
Stockholders seeking stockholder approval for that portion of the
CEO Option that exceeds the Share Limit (i.e., the 850,000 options
above the Share Limit (the "Excess Shares")). The Company
submitted a proposal of the Excess Shares for approval by the
Company stockholders at the 2016 Annual Meeting of Stockholders.
On December 15, 2016, the Company's stockholders approved the
Excess Shares.
The settlement is still subject to final approval of the Court.
Pursuant to the Memorandum of Understanding, the parties thereto
have agreed that the Plaintiff is entitled to an award of
reasonable attorneys' fees and reimbursement of expenses in
connection with this litigation. However, the parties have not
had any discussions concerning the amount of such fees and
expenses. The Company believes that any such fees and expenses
will not be material. As a result, the Company has not accrued
any amounts in connection with these legal proceedings other than
the Company's ongoing attorneys' fees.
Iteris, Inc. is a provider of intelligent information solutions
for both the traffic management and global agribusiness markets.
JAGUAR LAND: Faces "Quesada" Suit in S.D. Fla.
----------------------------------------------
A class action lawsuit has been commenced against Jaguar Land
Rover North America, LLC.
The case is captioned Pablo S. Quesada, on behalf of himself and
all others similarly situated v. Jaguar Land Rover North America,
LLC, Case No. 1:17-cv-20775-JAL (S.D. Fla., February 27, 2017).
Jaguar Land Rover North America, LLC distributes, markets, sells,
and services luxury cars and sport utility vehicles, and related
parts.
The Plaintiff is represented by:
Raul Perez, Esq.
Emilia A. Quesada, Esq.
SANCHEZ-MEDINA, GONZALEZ, QUESADA LLP
201 Alhambra Circle, Suite 1205
Coral Gables, FL 33134
Telephone: (305) 377-1000
Facsimile: (786) 304-2218
E-mail: rperez@smgqlaw.com
equesada@smgqlaw.com
JAKLITSCH BUILDERS: Guastafeste Sues Over Breach of Contract
------------------------------------------------------------
ANTHONY GUASTAFESTE, individually and on behalf of all other trust
fund beneficiaries entitled to share in the funds received by
JAKLITSCH BUILDERS, INC. in connection with certain improvements
herein described, the Plaintiff, v. JAKLITSCH BUILDERS, INC. and
FRANK JAKLITSCH, the Defendant, Case No. 601451/2017 (N.Y. Sup.
Ct., Feb. 17, 2017), seeks to recover damage in an amount to be
determined at trial but estimated to be at least the sum of
$350,000.00, together with interest due to Defendant's breach of
contract.
On October 29, 2014, Guastafeste entered into a Contract with the
Defendant where Jaklitsch Builders was to act as general
contractor overseeing and performing various general construction
work on Plaintiff's property, including but not limited to
performing all services and proving all labor and materials for
certain excavation and demolition, rough grading, sanitary
systems, water service, concrete, masonry, fireplaces, framing,
beams and girders, roofing, flashing and caulking, gutters and
leaders, porch and siding, windows, interior doors and trims,
exterior doors, garage doors, deck, insulation, plumbing, HVAC
system, electrical, gypsum wall board, tile, wood flooring,
stairs, rubbish and cleaning, and related services as more fully
set forth in the Contract for the agreed upon price of $760,000.00
As general contractor on the Project, the Defendant was to, inter
alia, coordinate all work on the Project, coordinate the work of
all subcontractors, perform work in accordance with the design
plans, drawings and specifications, and to perform the work in a
professional manner.
The Defendant breached the Contract by, inter alia, failing to
coordinate the work of all subcontractors, failing to pay
subcontractors for their work performed, failing to perform work
in accordance with the design plans, drawings and specifications,
and failing to perform the work in a professional manner.
The Plaintiff is represented by:
Richard G. Gertler, Esq.
GERTLER LAW GROUP, LLC
90 Merrick Avenue Suite 400
East Meadow, New York 11554
Telephone: (516) 228 3553
KAREEM CORP: Faces "Presti" Suit in Caif. Super. Ct.
----------------------------------------------------
JOE LO PRESTI, individually and on behalf of all others similarly
situated, Plaintiff, v. KAREEM CORPORATION, a California
Corporation dba KAREEM 305 TRUCK dba KAREEM KARTS dba KAREEM CARTS
dba KAREEM CARTS MANUFACTURER & COMMISSARY CO.; and DOES 1 through
10, inclusive, Defendants, Case No. BC 652208 (Cal. Super., County
of Los Angeles, February 28, 2017), seeks to remedy the alleged
negligent manufacturing practices and unlawful business practices
of Kareem Karts with respect to the marketing, manufacture,
retrofitting, modifications to, construction, and sale of Mobile
Food Facility Products which feature downblast fans including
carts and food trucks, which allegedly do not meet the UL 762
Standards for kitchen exhaust, pose a health and safety hazard to
users such as Plaintiff, and result in substantial damage to the
consumer's mobile food facility products including grease stains
and deterioration.
Kareem Karts specializes in the manufacturing of food trucks and
food vending units from catering trucks to small push carts.
The Plaintiff is represented by:
BRADLEY GROMBACHER LLP
Marcus J. Bradley, Esq.
Kiley L. Grombacher, Esq.
Taylor L. Emerson, Esq.
2815 Townsgate Rd, Suite #130
Westlake Village, CA 91361
Phone: 805-270-7100
E-mail: mbradley@bradleygrombacher.com
kgrombacher@bradleygrombacher.com
LABORATORY EXPRESS: Lake Seeks Unpaid Wages Under Labor Code
------------------------------------------------------------
ADAM LAKE, on behalf of himself and all others similarly situated,
the Plaintiff, v. LABORATORY EXPRESS, INC., a
Tennessee Corporation, as known as LAB EXPRESS, or and DOES 1
through 10, inclusive, the Defendants, Case No. 2:17-cv-01486
(C.D. Cal., Feb. 23, 2017), seeks to recover unpaid wages and
overtime, reimbursement for fuel and mileage, and related Labor
Code violations.
The case is an action brought on behalf of current and former
drivers for Laboratory Express, Inc. Lab Express utilizes
drivers/couriers, who are misclassified as independent
contractors, to transport items, packages and or specimens from
client cities to specified locations. Lab Express currently
collects specimens and related material for 25 different
laboratories in over 500 Markets Nationwide.
Lab Express misclassified and continues to misclassify its drivers
as independent contractors, when under California law, these
drivers must be classified as non-exempt, hourly workers.
The Lab Express operates a courier service business in locations
throughout California, including, but not limited to, Los Angeles
County.
The Plaintiff is represented by:
Christopher J. Hamner, Esq.
Amy T. Wootton, Esq.
HAMNER LAW OFFICES, APC
555 W. 5th Street, 31st Floor
Los Angeles, CA 90013
Telephone: (213) 533 4160
Facsimile: (213) 533 4167
E-mail: chamner@hamnerlaw.com
awootton@hamnerlaw.com
LINCOLN TRANSPORTATION: Faces "Morales" Wage and Labor Suit
-----------------------------------------------------------
EVERARDO MORALES MALDONADO, individually and on behalf of all
others similarly situated, the Plaintiff, v. LINCOLN
TRANSPORTATION SERVICES INC., and DOES 1 through 100, inclusive,
the Defendants, Case No. BC651000 (Cal. Super. Ct., Feb., 2017),
seeks damages and all other relief allowable including all wages
due while working as Defendant's drivers, attorney's fees,
liquidated damages, and prejudgment interest, pursuant to Labor
Code.
The case is a class action for wage and labor violations arising
out of, among other things, Defendant's misclassification of
employees, failure to pay wages, failure to reimburse business
expenses, and failure to provide meal and rest breaks to its
employee drivers.
The Defendant intentionally misclassified employees as independent
contractors; failed to pay minimum wages for all time worked every
pay period; failed to provide meal and rest periods to its
California drivers in accordance with the California Labor
Code and Industrial Wage Order; failed to pay its drivers one hour
of pay at regular rate of compensation for each instance that
Defendant failed to provide statutorily mandated rest periods and
off-duty meal periods; failed to reimburse business expenses; and
for penalties arising from Defendant's issuing to its drivers
inaccurate wages statements.
Lincoln Transportation is a licensed and bonded freight shipping
and trucking company running freight hauling business from
Compton, California.
The Plaintiff is represented by:
David R. Markham, Esq.
Maggie Realin Esq.
Michael J. Morphew, Esq.
Ben Travis, Esq.
THE MARKHAM LAW FIRM
750 B Street, Suite 1950
San Diego, CA 92101
Telephone: (619) 399 3995
Facsimile: (619) 615 2067
E-mail: dmarkham@markham-law.com
mrealin@markham-law.com
mmorphew@markham-law.com
btravis@markham-law.com
- and -
Dorinna E. Hirsch, Esq.
HIRSCH LAW FIRM
3008 First Ave.
San Diego, CA 92103
Telephone: (619) 822 2266
E-mail: dkirsch@hirsch-law.us
LIRA OF NEW YORK: "Sanchez" Suit Seek to Recover Unpaid OT Wages
----------------------------------------------------------------
Gaspar Sanchez, on behalf of others similarly situated v. Lira of
New York, Inc. d/b/a Luke's Bar & Grill, By the Glass Inc. d/b/a
Uva, Taro Restaurant Inc. d/b/a Due, Luigi Militelo, Luigi
Lusardi, Mauro Lusardi, and Massimo Lusardi, Case No. 1:17-cv-
01431 (S.D.N.Y., February 24, 2017), seeks to recover unpaid
overtime wages and damages pursuant to the Fair Labor
Standards Act.
The Defendants own and operate a restaurant located at 495 E 180th
St., Bronx, New York 10457.
Gaspar Sanchez is a pro se plaintiff.
LISNR INC: "Rackemann" Suit Transferred to S.D. Indiana
-------------------------------------------------------
The case captioned ALAN RACKEMANN, individually and on behalf of
all others similarly situated, Plaintiff, v. LISNR, INC., a
Delaware Corporation, ADEPT MOBILE, LLC, a Massachusetts Limited
Liability Company, and INDIANAPOLIS COLTS, INC., an Indiana
Corporation, Defendants, Case No. 1:17-cv-00624-TWP-MJD (D. Mass.,
November 18, 2016) was transferred to the U.S. District Court for
the Southern District of Indiana from the U.S. District Court for
the District of Massachusetts.
The U.S. District Court for the District of Massachusetts found as
moot a motion to dismiss for lack of jurisdiction, and the court
takes no action on the motions to dismiss, which will remain
pending for resolution by the transferred court.
The case accuses Defendants of unlawful practice of systematically
and surreptitiously intercepting consumers' oral communications on
a mobile application without their consent. The Colts partnered
with Defendant Lisnr and Defendant Adept Mobile to integrate
Lisnr's beacon technology. Allegedly, with the App, Lisnr's
software allows the Colts to target specific consumers and send
them tailored content, promotions, or advertisements based on
their location. Unfortunately for consumers, Defendants allegedly
never inform them that their smartphones are being turned into
listening devices nor do they ever seek consent in violation of
the Electronic Communications Privacy Act.
LISNR, INC. develops and provides an ultrasonic communication
protocol technology that sends data over audio. The Colts are one
of the premier sports and entertainment organizations in the
National Football League.
The Plaintiff is represented by:
Benjamin S. Thomassen, Esq.
EDELSON PC
350 North LaSalle Street, Ste. 1300
Chicago, IL 60654
Phone: (312) 589-6370
Fax: (312) 589-6378
- and -
Eve-Lynn Rapp, Esq.
EDELSON PC
123 Townsent Street, Ste. 100
San Francisco, CA 94107
Phone: (415) 212-9300
Fax: (415) 373-9435
- and -
Rafey S. Balabanian, Esq.
EDELSON PC
350 North LaSalle Street, Suite 1300
Chicago, IL 60654
Phone: (312) 589-6376
Fax: (312) 589-6378
E-mail: rbalabanian@edelson.com
- and -
Erica C. Mirabella, Esq.
132 Boylston Street
Boston, MA 02116
Phone: (617) 580-8270
Fax: (617) 583-1905
Defendant(s) is represented by:
Jesse Jenike-Godshalk, Esq.
THOMSPON HINE LLP
312 Walnut Street, Suite 1400
Cincinnati, OH 45202
Phone: (513) 352-6702
Fax: (513) 241-4771
E-mail: Jesse.Jenike-Godshalk@ThompsonHine.com
- and -
Thomas L. Feher, Esq.
THOMPSON HINE LLP
3900 Key Center
127 Public Square
Cleveland, OH 44113
Phone: (216) 566-5500
Fax: (216) 566-5800
- and -
Thomas F. Zych, Esq.
THOMPSON HINE LLP
3900 Key Center 127, Public Square
Cleveland, OH 44114
Phone: (216) 566-5605
Fax: (216) 566-5800
- and -
Wayne M. Serra, Esq.
THOMPSON HINE LLP
Suite 3900
127 Public Square
Cleveland, OH 44114
Phone: (216) 566-5500
- and -
Jerrold G. Neeff, Esq.
THE BOSTONIAN LAW GROUP
33 Kingston Street
Fourth Floor
Boston, MA 02111
Phone: (617) 338-1046
Fax: (617) 451-5462
- and -
Eric C. Bosset, Esq.
COVINGTON & BURLING LLP
One City Center
850 Tenth Street, NW
Washington, DC 20001-4956
Phone: (202) 662-5606
Fax: (202) 778-5606
E-mail: ebosset@cov.com
- and -
John P. Pucci, Esq.
BULKLEY RICHARDSON & GELINAS
1500 Main Street, Suite 2700
PO Box 15507
Springfield, MA 01115-5507
Phone: (413) 272-6290
- and -
Katharine Goodloe, Esq.
COVINGTON & BURLING LLP
One City Center
850 Tenth Street, NW,
Washington, DC 20001-4965
Phone: (202) 662-6000
- and -
Michael D. Roundy, Esq.
BULKLEY RICHARDSON & GELINAS
1500 Main Street, Suite 2700
PO Box 15507
Springfield, MA 01115-5507
Phone: (413) 781-2820
LJ ROSS: White Sues in E.D. Mich. Over Debt Collection Violations
-----------------------------------------------------------------
HEATHER L. WHITE, individually and on behalf of similarly situated
persons, the Plaintiff, v. LJ ROSS ASSOCIATES, INC., the
Defendant, Case No. 4:17-cv-10595-LVP-RSW (E.D. Mich., Feb. 23,
2017), seeks statutory damages, actual damages and attorney's fees
and costs of suit as allowed by the Fair Debt Collection Practices
Act (FDCPA) and Michigan Occupational Code (MOC), along with
injunctive relief and treble damages for willful conduct under the
MOC.
L.J. Ross had previously tricked Plaintiff into paying a medical
bill that was discharged in bankruptcy. The Plaintiff has
experienced great stress, aggravation, and her overall health has
been affected. The Defendant falsely represented that there was a
balance on subject debts, thereby falsely representing to her the
legal protections she had received from her bankruptcy discharge.
The Defendant's conduct amounts to an abusive, unfair and
unconscionable practice.
LJ Ross is based out of Jackson, Michigan, and provides collection
services.
The Plaintiff is represented by:
Curtis C. Warner, Esq.
WARNER LAW FIRM, LLC
350 S. Northwest HWY., Ste. 300
Park Ridge, IL 60068
Tel: (847) 701-5290
E-mail: cwarner@warnerlawllc.com
- and -
John A. Evanchek, Esq.
KELLEY & EVANCHEK PC
43695 Michigan Ave.
Canton, MI 48188
Telephone: (734) 397 4540
E-mail: john@kelawpc.com
LLR INC: Webster Sues Over Unauthorized Collection of Sales Taxes
-----------------------------------------------------------------
RACHAEL WEBSTER, individually and on behalf of all others
similarly situated, the Plaintiff, v. LLR, INC., d/b/a LuLaRoe,
the Defendant, Case No. 2:17-cv-00225-DSC (W.D. Pa., Feb., 2017),
seeks to recover damages, attorney's fees and costs, restitution,
and all other relief deemed appropriate under the statutory and
common law.
The case is a class action regarding Defendant's unauthorized
collection of spurious sales taxes on purchases delivered into
jurisdictions where no such tax exists.
The Defendant requires its consultants to process sales through a
proprietary, online point-of-sale payment platform, called
"Audrey." Audrey automatically charges customers sales tax based
on the location of Defendant's consultant who made the sale, and
not the laws of the taxing authority where Defendant delivered the
purchase, i.e. the "ship to address." The Defendant overcharges
buyers up to 10.25% every time a consultant who lives in a
jurisdiction that taxes clothing makes a sale where delivery is
made to a jurisdiction that does not.
The Defendant is a multilevel-marketing company that sells
clothing through fashion consultants located in all fifty states.
The Plaintiff is represented by:
Bruce Carlson, Esq.
Gary F. Lynch, Esq.
Kevin Abramowicz, Esq.
Kevin W. Tucker, Esq.
CARLSON LYNCH SWEET
KILPELA & CARPENTER, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322 9243
Facsimile: (412) 231 0246
E-mail: bcarlson@carlsonlynch.com
glynch@carlsonlynch.com
kabramowicz@carlsonlynch.com
ktucker@carlsonlynch.com
- and -
Kelly K. Iverson, Esq.
COHEN & GRIGSBY, P.C.
625 Liberty Avenue
Pittsburgh, PA 15222
Telephone: (412) 297 4838
E-mail: kiverson@cohenlaw.com
LULULEMON USA: Faces "Anderson" Class Suit in E.D.N.Y
-----------------------------------------------------
A class action lawsuit has been commenced against Lululemon USA
Inc. The case is captioned Derrick Anderson, on behalf of himself
and all others similarly situated v. Lululemon USA Inc., Case No.
1:17-cv-01055 (E.D.N.Y., February 24, 2017).
Lululemon USA Inc. owns and operates an athletic apparel company.
Derrick Anderson is a pro se plaintiff.
MAPLEBEAR INC.: Camp et al. Allege Misclassification Under FLSA
---------------------------------------------------------------
CASEY CAMP, ALLAN RITTERBAND, SHANNON KITCHEN-JUAREZ, ANA ARIAS,
CHRISTOPHER MARTINEZ, DANIEL MAJOR, ELISABETH PEREZ, JANEENE
STATON, JASON SKERIK, JAYSON CANDELARIO, JENNELLE LEVEQUE, JEREMY
NAIL, KEN BARTON, LEAH JOHNSON, LILY SUN, LINDSAY KRESLAKE, LIZ
TEMKIN, MATTHEW MCINTYRE, MICHAEL HEARN, MIMI HAYES, YOSHINARI
MOGI, PAULA VAN, SHANNON GOODSELL, SKYLA POJEDNIC, TACHINA
GARRETT, TIMOTHY HEARL, TOMMY GARADIS, VICTOR FRANCIS, AMMORA
COLLINS, JUSTIN ZOECKLER, MICHAEL CONNORS, TRACY ROEBUCK, CAROLINA
MAYORGA, MARCELLA HOLMES, MARGARET WOLF, MARKETTA WILDER, MATTHEW
TELLES, CHRISTOPHER HOLMES, EBANGHA TANYl, KEVIN JONES, MARY ANN
VARUGHESE, MODI FRANK, STEPHANIE FRIZZELL, AEGEA BARCLAY, LAURA
OXENFELD, PAULINA NGUYEN, JEFF KENDRICK, VANESSA BAIN, MARY
SYLVIA, KIMBERLEE KELLER, ROBIN DRUMMOND, AD AN BOTELLO, CYNTHIA
JENNINGS, DOMINIC COBARRUVIAZ, ARLIN GOLDEN, JOHN REILLY,
CHRISTOPHER RUSSELL, SUSAN BANNON, BATYA WEBER, AND
DEREK WILLIAMS, JONATHAN HUSTING, MATTHEW CLAYTON, LADIA
ARMSTRONG, STEPHANIE WEIDNER, MARGARET CONNOLLY, MATTHEW PARSONS,
SARAH LESTER, NATHAN RAINES, BENJAMIN BOVEN, AMY NOSEK, JAMES
RICHIE, ANDREW KENDRICK, ALEX RICHTER, VICKY WILSON, DAVID
SHEMPERT, DEEDRA EVERETT, TENOLA HILL, and ALFRED MANN,
Individually and On Behalf of All Others Similarly Situated,
Plaintiffs, vs. MAPLEBEAR, INC., dba INSTACART; AND DOES 1 THROUGH
100, inclusive, Defendants, Case No. BC 652216 (Cal. Super.,
County of Los Angeles, February 28, 2017), allege that Defendants
misclassified plaintiffs as independent contractors under the Fair
Labor Standards Act.
Instacart is a grocery shopping and delivery service company whose
workers shop for groceries from various stores then deliver them
to Instacart customers. Plaintiffs worked or continue to work as
shoppers, drivers and delivery persons for Instacart.
The Plaintiffs are represented by:
Robert S. Ams, Esq.
Jonathan E. Davis, Esq.
Kevin M. Osborne, Esq.
Julie C. Erickson, Esq.
THE ARNS LAW FIRM
515 Folsom St., 3rd Floor
San Francisco, CA 94109
Phone: (415) 495-7800
Fax: (415) 495-7888
E-mail: rsa@amslaw.com
jed@amslaw.com
kmo@amslaw.com
jce@amslaw.com
MAPLEBEAR INC: "Kikano" Suit Seeks Unpaid Wages Under Labor Code
----------------------------------------------------------------
JOHN KIKANO, on behalf of himself and all others similarly
situated, the Plaintiff, v. MAPLEBEAR INC., a Delaware
Corporation, doing business as INSTACART, and DOES 1 through 10,
inclusive, the Defendant, Case No. BC651241 (Cal. Super. Ct., Feb.
23, 2017), seeks unpaid wages and overtime, reimbursement for fuel
and mileage, and related Labor Code violations,
The case is an action brought on behalf of current and former
drivers for Maplebear Inc. The Plaintiff is a former courier
driver for Instacart in Los Angeles, California. The Plaintiff and
other Instacart drivers were paid as exempt "independent
contractors," and not as non-exempt, hourly employees as required
by law for commercial drivers like Plaintiff and the class he
seeks to represent. Instacart misclassified and continues to
misclassify its drivers as independent contractors, when under
California law, these drivers must be classified as non-exempt,
hourly workers.
Instacart operates a courier service business in locations
throughout California, including, but not limited to Los Angeles
County.
The Plaintiff is represented by:
Christopher J. Hamner, Esq.
Amy T. Wootton, Esq.
HAMNER LAW OFFICES, APC
555 W. 5th Street, 31st Floor
Los Angeles, CA 90013
Telephone: (213) 533 4160
Facsimile: (213) 533 4167
E-mail: chamner@hamnerlaw.com
awootton@hamnerlaw.com
MERRILL LYNCH: "Jiao" Asserts Customer Protection Rule Violation
----------------------------------------------------------------
JAMES JIAO, Individually and On Behalf of All Others Similarly
Situated, Plaintiff, v. MERRILL LYNCH PIERCE, FENNER & SMITH,
INC.; MERRILL LYNCH PROFESSIONAL CLEARING CORP.; WILLIAM TIRRELL,
an Individual; and DOES, 1 through 100, Defendants, Case No. 3:17-
cv-00409-L-MDD (S.D. Cal., February 28, 2017), accuses Defendants
of engaging in financial institution fraud, by using trades to
reduce the amount of cash required by Defendants to deposit in a
customer Reserve Account that it maintained pursuant to Rule 15c3-
3(e) of the Security Exchange Act of 1934, and to fraudulently
invest customers' funds for Defendants' own purposes for financial
gain in violation of the Customer Protection Rule under Securities
Exchange Act.
Defendant Merrill Lynch, Pierce, Fenner & Smith, Inc., founded in
1914, offers financial investment assistance and advice to
individuals and companies, and is the wealth management division
of Bank of America Corporation.
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Phone: (800) 400-6808
Fax: (800) 520-5523
E-mail: ak@kazlg.com
- and -
Joshua B. Swigart, Esq.
HYDE & SWIGART
2221 Camino Del Rio South, Suite 101
San Diego, CA 92108
Phone: (619) 233-7770
Fax: (619) 297-1022
E-mail: josh@westcoastlitigation.com
MIDLAND CREDIT: Illegally Collects Debt, "Greene" Suit Claims
-------------------------------------------------------------
Eileen Greene, on behalf of herself and all others similarly
situated v. Midland Credit Management, Inc., Case No. 2:17-cv-
01322-JLL-JAD (D.N.J., February 27, 2017), seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.
Midland Credit Management, Inc. operates a financial services
company that helps consumers resolve past-due financial
obligations.
The Plaintiff is represented by:
Lawrence C. Hersh, Esq.
LAWRENCE HERSH, ATTORNEY AT LAW
17 Sylvan Street, Suite 102B
Rutherford, NJ 07070
Telephone: (201) 507-6300
E-mail: lh@hershlegal.com
MITCHELL D. BLUHM: Wolschlager Seeks Certification of 3 Classes
---------------------------------------------------------------
In the lawsuit styled ALAN WOLSCHLAGER, individually and on behalf
of similarly situated persons, the Plaintiff, v. THE LAW OFFICES
OF MITCHELL D. BLUHM & ASSOCIATES, LLC, a Georgia limited
liability company, CAPIO PARTNERS, LLC, a Texas limited liability
company, CP MEDICAL LLC, a Nevada limited liability company, the
Defendants, Case No. 1:17-cv-00033-RJJ-RSK (W.D. Mich.), the
Plaintiff asks the Court to certify three classes:
"all persons who incurred a medical debt in Florida, where no
payment was made on that debt five years prior to being sent a
letter, from January 11, 2016, to January 11, 2017;
"all persons who were sent a letter from January 11, 2016, to
January 11, 2017, where the letter was the initial collection
letter sent by The Law Office of Mitchell D. Bluhm &
Associates, LLC, to the person; and
"all persons who were sent a letter from January 11, 2016, to
January 11, 2017, by The Law Office of Mitchell D. Bluhm &
Associates, LLC, on behalf of CP Medical LLC, where Capio
Partners LLC, or any related company other than CP Medical
LLC, was the owner of the debt referenced in the letter".
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=vhWzxJMt
The Plaintiff is represented by:
Curtis C. Warner, Esq.
WARNER LAW FIRM, LLC
350 S. Northwest HWY., Ste. 300
Park Ridge, IL 60068
Telephone: (847) 701 5290
E-mail: cwarner@warnerlawllc.com
- and -
B. Thomas Golden, Esq.
Golden Law Offices, P.C.
2186 West Main Street, P.O. Box 9
Lowell, MI 4933,
Telephone: (616) 897 2900
E-mail: btg@bthomasgolden.com
NCB MANAGEMENT: Illegally Collects Debt, "Richardson" Suit Says
---------------------------------------------------------------
Tyria Richardson, on behalf of herself and all others similarly
situated v. NCB Management Services, Inc., Case No. 1:17-cv-01051
(E.D.N.Y., February 24, 2017), seeks to stop the Defendant's
unfair and unconscionable means to collect a debt.
NCB Management Services, Inc. operates a collection agency
headquartered in Trevose, Pennsylvania.
The Plaintiff is represented by:
Alan J. Sasson, Esq.
LAW OFFICE OF ALAN J. SASSON, P.C.
2687 Coney Island Avenue, 2nd Floor
Brooklyn, NY 11235
Telephone: (718) 339-0856
Facsimile: (347) 244-7178
E-mail: alan@sassonlaw.com
NISSAN NORTH AMERICA: "Chiarelli" Suit Seeks to Certify Class
-------------------------------------------------------------
In the lawsuit entitled VINCENT CHIARELLI, et al., on behalf of
themselves and all others similarly situated, the Plaintiffs, v.
NISSAN NORTH AMERICA, INC., et ano., the Defendants, Case No.
1:14-cv-04327-NGG-PK (E.D.N.Y.), Vincent Chiarelli, Philip
Dragonetti, Michele Maszon, Todd Maszon, Chris Santimauro, John
Compton and Lisa Surowiec will move the Court, before the Hon.
Nicholas G. Garaufis at the United States Court House, for an
Order:
1. certifying a class consisting of the subclasses which are
defined to include all residents of New York, New Jersey,
Maryland and Florida who purchased the Class Vehicles
and those who purchased Class Vehicles in the States of New
York, New Jersey, Maryland and Florida;
2. appointing the Proposed Class Representatives as class
representatives; and
3. appointing the law firms, Kantrowitz Goldhamer & Graifman
and Stull, Stull & Brody as Counsel for the Class; and
A copy of the Motion is available at no charge at:
http://d.classactionreporternewsletter.com/u?f=f7IjTEpg
Gary Graifman submitted a declaration in support of Plaintiffs'
Motion for class certification. A copy of the Declaration is
available at no charge at:
http://d.classactionreporternewsletter.com/u?f=syJ98asG
The Plaintiffs are represented by:
Gary S. Graifman, Esq.
Jay L Brody, Esq.
KANTROWITZ, GOLDHAMER & GRAIFMAN.
747 Chestnut Ridge Road
Chestnut Ridge, NY 10977
Telephone: (845) 356 2570
- and -
Howard T. Longman, Esq.
Patrick K. Slyne, Esq.
STULL, STULL & BRODY
6 East 45th Street
New York, New York 10017
Telephone: (212) 687 7230
The Defendant is represented by:
E. Paul Cauley, Jr. Esq.
Sedgwick LLP
1717 Main Street, Suite 5400
Dallas, Texas 75201
NOMAC DRILLING: "Shultz" Suit Seeks Overtime Wages Under FLSA
-------------------------------------------------------------
ROGER SHULTZ, Individually and on behalf of all others similarly
situated, the Plaintiff, v. NOMAC DRILLING, L.L.C. and SEVENTY
SEVEN ENERGY, INC., the Defendant, Case No. 5:17-cv-00169-R (W.D.
Okla., Feb. 17, 2017), seeks to recover compensation, liquidated
damages, attorneys' fees, and costs, pursuant to the Fair Labor
Standards Act of 1938 (FLSA).
The Plaintiff and the Putative Class Members are those persons who
worked as Rig Welders for Defendants within the last three years
and were paid hourly for all work completed but no overtime. The
Plaintiff and the Putative Class Members were misclassified as
independent contractors. The Plaintiff and the Putative Class
Members routinely work (and worked) in excess of 40 hours per
workweek and were not paid overtime for all hours worked in excess
of 40 hours per workweek.
Nomac Drilling provide drilling services for oil and natural gas
operators.
The Plaintiff is represented by:
Noble K. McIntyre, Esq.
E-mail: noble@mcintyrelaw.com
MCINTYRE LAW PC
8601 S. Western Avenue
Oklahoma City, OK 73139
Telephone: (405) 917 5250
Facsimile: (405) 917 5405
- and -
Clif Alexander, Esq.
ANDERSON2X, PLLC
819 N. Upper Broadway
Corpus Christi, TXs 78401
Telephone: (361) 452 1279
Facsimile: (361) 452 1284
E-mail: clif@a2xlaw.com
NORTHLAND GROUP: March 20 Preliminary Settlement Approval Hearing
-----------------------------------------------------------------
In the lawsuit captioned HYUN SOON CHUNG, on behalf of herself and
those similarly situated, the Plaintiff, v. NORTHLAND GROUP INC.,
the Defendant, Case No. 2:15-cv-06246-SDW-SCM (D.N.J.), the
Plaintiff will move the Court on March 20, 2017, for an Order
granting preliminary approval of a proposed settlement class and
related relief.
A copy of the Notice of Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=EL37uCjS
The Plaintiff is represented by:
Bharati Sharma Patel, Esq.
THE WOLF LAW FIRM, LLC
1520 U.S. Highway 130 - Suite 101
North Brunswick, NJ 08902
Telephone: (732) 545 7900
Facsimile: (732) 545 1030
E-mail: bpatel@wolflawfirm.net
- and -
Yongmoon Kim, Esq.
KIM LAW FIRM, LLC
411 Hacksensack Avenue, 2nd Floor
Hackensack, NJ 07601
Telephone (201) 273-7117
Facsimile (201) 273-7117
E-mail: ykim@kimlf.com
The Defendant is represented by:
Han Sheng Beh, Esq.
HINSHAW & CULBERTSON LLP
800 Third Avenue, 13th Floor
New York, NY 10022
NORTHLAND GROUP: Menear et al. File Placeholder Class Cert. Bid
---------------------------------------------------------------
In the lawsuit styled DIANE MENEAR and PATRICIA MERKOVICH,
Individually and on Behalf of All Others Similarly Situated, the
Plaintiffs, v. NORTHLAND GROUP, INC., the Defendant, Case No.
2:17-cv-00264 (E.D. Wisc.), the Plaintiffs will move the
Court to certify a class, and further request that the Court both
stay the motion for class certification and to grant Plaintiffs
(and Defendant) relief from the Local Rules setting automatic
briefing schedules and requiring briefs and supporting material to
be filed with the motion.
To avoid the risk of a defendant mooting a putative class
representative's individual stake in the litigation, the Seventh
Circuit in Damasco instructed plaintiffs to file a certification
motion with the complaint, along with a motion to stay briefing on
the certification motion until discovery could commence. Damasco
v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled,
Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015).
As this motion to certify a class is a placeholder motion as
described in Damasco, the parties and the Court should not be
burdened with unnecessary paperwork and the resulting expense when
a one paragraph, single page motion to certify and stay should
suffice until an amended motion is filed, the Plaintiffs contend.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=CGGFpoNx
The Plaintiffs is represented by:
Shpetim Ademi, Esq.
John D. Blythin, Esq.
Mark A. Eldridge, Esq.
Denise L. Morris, Esq.
ADEMI & O'REILLY, LLP
3620 East Layton Avenue
Cudahy, WI 53110
Telephone: (414) 482 8000
Facsimile: (414) 482 8001
E-mail: sademi@ademilaw.com
jblythin@ademilaw.com
meldridge@ademilaw.com
dmorris@ademilaw.com
NOVO NORDISK: Class Suit Re-Filed in New Jersey
-----------------------------------------------
Novo Nordisk A/S said in its Form 20-F Report filed with the
Securities and Exchange Commission on February 9, 2017, for the
fiscal year ended December 31, 2016, that the class action lawsuit
that was filed against Novo Nordisk, Eli Lilly and Sanofi in the
United States District Court for the District of Massachusetts on
January 30, 2017 was voluntarily dismissed and re-filed on
February 2, 2017 in the United States District Court for the
District of New Jersey.
Novo Nordisk was formed in 1989 by a merger of two Danish
companies, Nordisk Gentofte A/S and Novo Industri A/S. Novo
Industri A/S was the continuing company and its name was changed
to Novo Nordisk A/S. The business activities of Nordisk Gentofte
were established in 1923 by August Krogh, H. C. Hagedorn and A.
Kongsted, and the business activities of Novo Industri A/S were
established in 1925 by Harald and Thorvald Pedersen. The business
of both companies from the beginning was production and sale of
insulin for the treatment of diabetes.
NRA GROUP: Faces "Jsilberberg" Suit in Eastern Dist. of New York
----------------------------------------------------------------
A class action lawsuit has been filed against NRA Group, LLC. The
case is captioned as Chaim Jsilberberg, on behalf of himself and
all others similarly situated, the Plaintiff, v. NRA Group, LLC
also known as National Recovery Agency, Inc., a/k/a National
Recovery Agency, Inc., the Defendant, Case No. 1:17-cv-00953
(E.D.N.Y., Feb. 20, 2017).
NRA is an accounts receivable management company.
The Plaintiff appears pro se.
NYC LAUNDROMAT: Faces "Sanchez" Suit Over Failure to Pay Overtime
-----------------------------------------------------------------
Maria Barron Sanchez, on behalf of others similarly situated v.
NYC Laundromat, Inc. d/b/a NYC Laundromat, Huan Trinh, and Nick
Trinh, Case No. 1:17-cv-01427 (S.D.N.Y., February 24, 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 laundry services company in New
York.
Maria Barron Sanchez is a pro se plaintiff.
ONONDAGA COUNTY, NY: Suit Over Juvenile Law Wins Class Cert.
------------------------------------------------------------
In the lawsuit captioned V.W., a minor, by and through his parent
and natural guardian DERECK WILLIAMS, R.C., a minor, by and
through his parent and natural guardian SANDRA CHAMBERS, C.I., a
minor, by and through his parent and natural guardian VERTELL
PENDARVIS, M.R., a minor, by and through his parent and natural
guardian KAREN RAYMOND, F.K., a minor, by and through his parent
and natural guardian KASHINDE KABAGWIRA, and J.P., a minor, by and
through his parent and natural guardian ALISSA QUIONES, the
Plaintiffs, v. EUGENE CONWAY, Onondaga County Sheriff in his
official capacity, ESTEBAN GONZALEZ, Chief Custody Deputy of the
Onondaga County Justice Center, in his official capacity, KEVIN M.
BRISSON, Assistant Chief Custody Deputy, in his official capacity,
and SYRACUSE CITY SCHOOL DISTRICT, the Defendants, Case No. 9:16-
cv-01150-DNH-DEP (N.D.N.Y.), the Hon. David N. Hurd entered an
order that:
1. Plaintiffs' motion for class certification is granted;
2. Defendant Syracuse City School District's motion for
summary judgment is denied;
3. Plaintiffs' motion for a preliminary injunction is granted;
4. The Onondaga County Defendants, their agents, servants,
employees, and officers, and all other persons in active
concert or participation with them and who receive actual
notice of this preliminary injunction, by personal service
or otherwise, are immediately enjoined and restrained,
pending the final determination of this action, from
imposing 23-hour disciplinary isolation on juveniles
at the Justice Center;
5. The Onondaga County defendants and the School District
shall immediately afford all eligible juveniles the
educational instruction to which they are entitled under
New York State's laws and regulations;
6. The Onondaga County defendants and the School District
shall immediately afford all juveniles with qualifying
disabilities under the IDEA with the special education
services and other procedural protections to which they are
entitled; and
7. Discipline imposed on juveniles by the Onondaga County
defendants must include meaningful social interaction with
others, including other juveniles, and no discipline may be
imposed that directly harms a juvenile's psychological
condition.
The Plaintiffs seek relief on behalf of themselves and a putative
class of fellow 16- and 17-year-olds ("juveniles") being detained
at the Onondaga County Justice Center (the "Justice Center" or
"Jail") by the Defendants, each of whom is being sued here in
their respective official capacities.
The Plaintiffs' class action complaint alleges declaratory and
injunctive relief and is necessary to put an end to the Onondaga
County Defendants' routine imposition of solitary confinement on
juveniles at the Justice Center, a practice which allegedly
violates the Eighth and Fourteenth Amendments.
The Plaintiffs seek class relief against the Onondaga County
defendants and defendant Syracuse City School District (the
"School District"), which has contracted with the Justice Center
to provide educational services, for allegedly denying juveniles
in solitary confinement the minimum educational instruction
guaranteed by state law in violation of the Fourteenth Amendment.
The Plaintiffs seek relief against both the Onondaga County
defendants and the School District (collectively "defendants") on
behalf of a subclass of juvenile inmates with disabilities who are
allegedly being systematically deprived of the procedural
protections and special education services guaranteed to them by
the Individuals with Disabilities Education Act.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=M7qjiGTy
The Plaintiffs are represented by:
Christopher T. Dunn, Esq.
Mariko Hirose, Esq.
Philip L. Desgranges, Esq.
Aadhithi Padmanabhan, Esq.
Mariana L. Kovel, Esq.
NEW YORK CIVIL LIBERTIES UNION
125 Broad Street, 19th Floor
New York, NY 10004
- and -
Aimee Krause Stewart, Esq.
SANFORD, HEISLER LLP
1666 Connecticut Avenue NW, Suite 300
Washington, DC 20009
- and -
Joshua T. Cotter, Esq.
Samuel C. Young, Esq.
Susan M. Young, Esq.
LEGAL SERVICES OF CENTRAL NEW YORK
221 South Warren Street, Suite 300
Syracuse, NY 13202
- and -
Aimee Krause Stewart, Esq.
SANFORD, HEISLER LLP
1666 Connecticut Avenue NW, Suite 300
Washington, DC 20009
The Defendants are represented by:
Carol L. Rhinehart, Esq.
ONONDAGA COUNTY DEPARTMENT OF LAW
John H. Mulroy Civic Center
421 Montgomery Street, 10th Floor
Syracuse, NY 13202
- and -
Jonathan B. Fellows, Esq.
BOND, SCHOENECK LAW FIRM
One Lincoln Center
Syracuse, NY 13202
ORANGE COUNTY: Faces "Doucet" Suit Over Failure to Pay Overtime
---------------------------------------------------------------
Jessica Doucet, individually and on behalf of all others similarly
situated v. Orange County Foot And Ankle Group, Inc. and Does 1
through 50, inclusive, Case No. 30-2017-00901602-CU-OE-CJ (Cal.
Super. Ct., February 27, 2017), is brought against the Defendants
for failure to pay overtime wages in violation of the California
Labor Code.
Orange County Foot And Ankle Group, Inc. operates a health and
medical center located at 300 N Euclid St, Fullerton, CA 92832.
The Plaintiff is represented by:
Morris Nazarian, Esq.
LAW OFFICES OF MORRIS NAZARIAN
1875 Century Park East, Suite 1790
Los Angeles, CA 90067
Telephone: (310)284-7333
Facsimile: (310) 284-7332
E-mail: info@877calilaw.com
P&G LIQUOR: Wangchuk Seeks Unpaid Wages, OT Under Labor Law
-----------------------------------------------------------
DOPHY WANGCHUK, the Plaintiff, v. FEN LIN and P& G LIQUOR & WINE
INC., the Defendant, Case No. 702598/2017 (N.Y. Sup., Ct. 23,
2017), seeks redress against the Defendants for unpaid wages,
overtime wages, spread of hour wages, and for failure to provide
wage statement and WTPA notices, in violation of the New York
Labor Law (NYLL).
The Plaintiff is a former stock worker and cashier who worked for
Defendants' company, performing non-exempt retail cashier and
stock work, from on or about July 2015 through September 9, 2016.
Throughout his employment, Plaintiff was paid straight time and
not paid one and one half times his regular rate for hours worked
over forty hours per week.
P&G is a retail store engaged in the business of selling alcoholic
spirits for public consumption.
The Plaintiff is represented by:
Anthony R. Portesy, Esq.
SLATER SLATER SCHULMAN LLP
445 Broad Hollow Road, Suite 334
Melville, NY 11747
Telephone: (631) 420 9300
PRO COM: Vega Files Placeholder Class Certification Motion
----------------------------------------------------------
In the lawsuit captioned AMY VEGA, Individually and on Behalf of
All Others Similarly Situated, the Plaintiff, v. PRO COM SERVICES
OF ILLINOIS, INC., the Defendant, Case No. 2:17-cv-00257-PP (E.D.
Wisc.), the Plaintiff moves the court to certify a class, and
further requests that the Court both stay the motion for class
certification and to grant Plaintiff (and Defendant) relief from
the Local Rules setting automatic briefing schedules and requiring
briefs and supporting material to be filed with the motion.
To avoid the risk of a defendant mooting a putative class
representative's individual stake in the litigation, the Seventh
Circuit in Damasco instructed plaintiffs to file a certification
motion with the complaint, along with a motion to stay briefing on
the certification motion until discovery could commence. Damasco
v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled,
Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015).
As this motion to certify a class is a placeholder motion as
described in Damasco, the parties and the Court should not be
burdened with unnecessary paperwork and the resulting expense when
a one paragraph, single page motion to certify and stay should
suffice until an amended motion is filed, the Plaintiffs contend.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=owSNLf90
The Plaintiff is represented by:
Shpetim Ademi, Esq.
John D. Blythin, Esq.
Mark A. Eldridge, Esq.
Denise L. Morris, Esq.
ADEMI & O'REILLY, LLP
3620 East Layton Avenue
Cudahy, WI 53110
Telephone: (414) 482 8000
Facsimile: (414) 482 8001
E-mail: sademi@ademilaw.com
jblythin@ademilaw.com
meldridge@ademilaw.com
dmorris@ademilaw.com
PROGRESSIVE FINANCIAL: Placeholder Class Cert. Motion Filed
-----------------------------------------------------------
In the lawsuit titled TERESA BUSHBERGER, Individually and on
Behalf of All Others Similarly Situated, the Plaintiff, v.
PROGRESSIVE FINANCIAL SERVICES, INC., the Defendant, Case No.
2:17-cv-00254-NJ (E.D. Wisc.), the Plaintiff moves the court to
certify a class, and further requests that this Court both stay
the motion for class certification and to grant Plaintiff (and
Defendant) relief from the Local Rules setting automatic briefing
schedules and requiring briefs and supporting material to be filed
with the motion.
To avoid the risk of a defendant mooting a putative class
representative's individual stake in the litigation, the Seventh
Circuit in Damasco instructed plaintiffs to file a certification
motion with the complaint, along with a motion to stay briefing on
the certification motion until discovery could commence. Damasco
v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled,
Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015).
As this motion to certify a class is a placeholder motion as
described in Damasco, the parties and the Court should not be
burdened with unnecessary paperwork and the resulting expense when
a one paragraph, single page motion to certify and stay should
suffice until an amended motion is filed, the Plaintiffs contend.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=wYqgQINH
The Plaintiff is represented by:
Shpetim Ademi, Esq.
John D. Blythin, Esq.
Mark A. Eldridge, Esq.
Denise L. Morris, Esq.
ADEMI & O'REILLY, LLP
3620 East Layton Avenue
Cudahy, WI 53110
Telephone: (414) 482 8000
Facsimile: (414) 482 8001
E-mail: sademi@ademilaw.com
jblythin@ademilaw.com
meldridge@ademilaw.com
dmorris@ademilaw.com
PRUDENTIAL BANCORP: Settlement Hearing Scheduled for March 31
-------------------------------------------------------------
Prudential Bancorp, Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on February 9, 2017, for
the quarterly period ended December 31, 2016, that a settlement
hearing is currently scheduled for March 31, 2017.
Two putative shareholder derivative and class action lawsuits,
Parshall v. Eugene Andruczyk et al. ("Parshall Lawsuit") and Baron
v. Eugene Andruczyk et al., consolidated as Parshall v. Eugene
Andruczyk et al., were filed in the Circuit Court for Montgomery
County, Maryland (the "Court") on July 21, 2016 and August 29,
2016, respectively (both lawsuits are collectively referred to as
the "Lawsuit"). The Lawsuit named as defendants (the "Defendants")
the directors of Polonia Bancorp, Inc. ("Polonia") and Polonia and
the Parshall Lawsuit also named the Company as a defendant. The
Lawsuit alleges a breach of fiduciary duty by the Polonia
directors and Polonia by approving the Agreement and Plan of
Merger by and between the Company and Polonia dated as of June 2,
2016 (the "Merger Agreement") pursuant to which Polonia will merge
with and into the Company (the "Merger") for (i) inadequate merger
consideration and (ii) the inclusion of preclusive deal protection
measures in the Merger Agreement. The Parshall Lawsuit also
alleges that the Company aided and abetted the alleged breaches of
fiduciary duty. The relief sought includes preliminary and
permanent injunction against the consummation of the Merger,
rescission or rescissory damages if the Merger is completed, costs
and attorney's fees.
Although the Company believes the claims were without merit, to
avoid a potential delay of the Merger, on October 6, 2016, the
Company and Polonia reached an agreement with the plaintiffs in
the Lawsuit ("Plaintiffs") providing for a non-monetary settlement
of the Lawsuit that required the Company and Polonia to issue
certain disclosures and waive certain standstill provisions
related to the Merger Agreement which they did. The terms of the
settlement are set forth in a Memorandum of Understanding (the
"MOU"). The settlement is subject to Court approval.
The Plaintiffs sought attorneys' fees and expenses in connection
with the Lawsuit as set forth in the MOU. Subsequent to entry into
the MOU, the parties reached an agreement to pay Plaintiffs'
counsel fees and expenses in the total amount of $325,000.
Polonia's insurer prior to the Merger has advised the Company that
it will be covering approximately $260,000 of the $325,000 of fees
and expenses to be paid to Plaintiffs' counsel.
The Merger was completed effective as of January 1, 2017.
On January 13, 2017, the Court entered an Order preliminarily
approving the settlement. As per the settlement and the Court's
Order, on January 26, 2017, Polonia / Prudential, through a third-
party administrator, mailed notice of the settlement to all record
and beneficial holders of shares of common stock of Polonia
(excluding Defendants and members of the immediate families of the
individual Defendants) who held such stock at any time during the
period beginning on and including June 2, 2016 (the date of the
Merger Agreement) through October 25, 2016 (the date the
shareholders of Polonia approved the Merger).
Although it is expected the settlement will receive final approval
of the Court, no assurances can be provided when or if the
settlement will receive final approval. A settlement hearing is
currently scheduled for March 31, 2017.
Prudential Bancorp, Inc. (the "Company") is a Pennsylvania
corporation and the parent holding company for Prudential Saving
Bank (the "Bank"). The Company is a registered bank holding
company.
The Bank is a community-oriented Pennsylvania-chartered savings
bank headquartered in South Philadelphia.
R & E CORP: "Nunez" Suit Seeks Unpaid OT Compensation Under FLSA
----------------------------------------------------------------
LUIS R. VILLAR NUNEZ, individually and in behalf of all other
persons similarly situated, the Plaintiff, v. R & E CORP. d/b/a
C-TOWN SUPERMARKET and ANGEL R. NUNEZ, jointly and severally, the
Defendants, Case No. 1:17-cv-01263 (S.D.N.Y., Feb. 17, 2017),
seeks to recover unpaid or underpaid overtime compensation
pursuant to the Fair Labor Standards Act (FLSA), the Minimum Wage
Act, and the New York Labor Law.
The Plaintiff further alleges that Defendants violated the Wage
Theft Prevention Act and that Plaintiff should be awarded of the
Defendants statutory damages, injunctive relief, and such other
relief available by law.
The Plaintiff worked more than 40 hours each workweek, yet the
defendants willfully failed to pay the Plaintiff and party
plaintiffs overtime compensation of one and one-half times their
regular rate of pay. The Defendants failed to provide the
Plaintiff with a notice and acknowledgment at the time of hiring.
The Defendants failed to provide the plaintiff with a statement
with each payment of wages.
C-Town Supermarkets is a chain of independently owned and operated
supermarkets operating in the northeastern United States.
The Plaintiff is represented by:
John M. Gurrieri, Esq.
Brandon D. Sherr, Esq.
Justin A. Zeller, Esq.
LAW OFFICE OF JUSTIN A. ZELLER, P.C.
277 Broadway, Suite 408
New York, N.Y. 10007 2036
Telephone: (212) 229 2249
Facsimile: (212) 229 2246
E-mail: jmgurrieri@zellerlegal.com
bsherr@zellerlegal.com
jazeller@zellerlegal.com
R&J TRUCKING: Faces "Vayda" Lawsuit Alleging Violation of FLSA
--------------------------------------------------------------
RICHARD VAYDA, an individual, on behalf of himself and others
similarly situated, Plaintiff, vs. R&J TRUCKING CO., INC.,
Defendant, Case No. 4:17-cv-00408-BYP (N.D. Ohio, February 28,
2017), alleges that Plaintiff and the putative class members were
not paid overtime for any hours worked over 40 per week, even
though they were "non-exempt" employees and thus entitled to such
wages under the Fair Labor Standards Act.
Defendant R&J Trucking Co., Inc. is in the business of hauling
bulk items, including non-hazardous, non-recyclable materials.
Mr. Vayda was employed by Defendant as a driver. As a driver, Mr.
Vayda transported non-hazardous, non-recyclable waste.
The Plaintiff is represented by:
Hans A. Nilges, Esq.
Shannon M. Draher, Esq.
NILGES DRAHER LLC
7266 Portage Street, N.W., Suite D
Massillon, OH 44646
Phone: (330) 470-4428
Fax: (330) 754-1430
Email: hans@ohlaborlaw.com
sdraher@ohlaborlaw.com
R&Q FOODS: "Hopkins" Suit Seeks Unpaid Overtime Pay Under FLSA
--------------------------------------------------------------
JERMAINE HOPKINS, on behalf of himself, individually, and on
behalf of all others similarly-situated, the Plaintiff, v. R&Q
FOODS, INC., and MIAN RAUF, individually, the Defendants, Case No.
1:17-cv-00949 (E.D.N.Y., Feb. 20, 2017), seeks to recover unpaid
overtime compensation, minimum wages, and liquidated damages under
Fair Labor Standards Act (FLSA) and the New York Labor Law.
The Plaintiff worked for Defendants -- a wholesale meat purveyor,
and its owner and day-to-day manager -- as a delivery driver from
June 2011 until April 2016. Throughout the entirety of his
employment, the Defendants willfully failed to pay Plaintiff the
wages lawfully due to him under the FLSA and the NYLL.
The Plaintiff is represented by:
BORRELLI & ASSOCIATES, P.L.L.C.
655 Third Avenue, Suite 1821
New York, NY 10017
Telephone: (212) 679 5000
Facsimile: (212) 679 5005
QUALCOMM INC: Zatlin Sues Over Baseband Processor Market Monopoly
-----------------------------------------------------------------
DALIA ZATLIN, BETH CRANDELL, CLARISSA SIMON, KENDALL MARTIN,
RODRIGO SAPLA, REBECCA DAVIS, THOMAS MCMANUS, KIMBERLY SCAVONE,
MELISSA JU, and CHRIS THOMPSON on behalf of themselves and all
others similarly situated, the Plaintiffs, v. QUALCOMM
INCORPORATED, a Delaware Corporation, the Defendant, Case No.
5:17-cv-00938 (N.D. Cal., Feb. 23, 2017), alleges that for nearly
a decade, Qualcomm has unlawfully maintained its monopoly in the
baseband processor market by engaging in exclusionary conduct that
reduces competition and allows it to extract exorbitant royalties.
Qualcomm is the dominant supplier of baseband processors and a
licensor of patents that Qualcomm has declared essential to many
cellular devices.
The Plaintiffs are represented by:
Daniel E. Birkhaeuser, Esq.
Robert M. Bramson, Esq.
BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER, LLP
Walnut Creek, CA 94598
2125 Oak Grove Road, Suite 120
Telephone: (925) 945 0200
E-mail: dbirkhaeuser@bramsonplutzik.com
rbramson@bramsonplutzik.com
- and -
Timothy D. Battin
Christopher V. Le
Scott M. Dinner
STRAUS & BOIES, LLP
4041 University Drive, 5th Floor
Fairfax, VA 22030
Telephone: (703) 764 8700
Facsimile: (703) 764 8704
E-mail: tbattin@straus-boies.com
mschirmer@straus-boies.com
cle@straus-boies.com
- and -
Paul F. Novak, Esq.
WEITZ & LUXENBERG
719 Griswold, Suite 620
Detroit, MI 48226
Telephone: (313) 800 4166
E-mail: PNovak@weitzlux.com
- and -
Jeffrey A. Bartos, Esq.
GUERRIERI, CLAYMAN,
BARTOS, PARCELLI & ROMA, PC
1900 M Street, NW Washington, DC 20036
Telephone: (202) 624 7400
Facsimile: (202) 624 7420
E-mail: jbartos@geclaw.com
- and -
Marc G. Reich, Esq.
REICH RADCLIFFE & HOOVER LLP
4675 MacArthur Court, Suite 550
Newport Beach, CA 92660
Telephone: (949) 975 0512
E-mail: mgr@reichradcliffe.com
- and -
Abbas Gokal, Esq.
Alison Gokal, Esq.
GOKAL LAW
101 Pacifica, Suite 100
Irvine, CA 92618
Telephone: (949) 753 9100
Facsimile: (866) 610 9381
E-mail: agokal@gokallaw.com
alisongokal@gmail.com
RAW ELECTRICAL: Faces "Suniga" Suit Alleging Violation of FLSA
--------------------------------------------------------------
THOMAS SUNIGA, Plaintiffs, v. RAW ELECTRICAL SERVICE, LLC, and,
ARTHUR CAMPBELL, Defendants, Case No. 4:17-cv-00638 (S.D. Tex.,
February 28, 2017), alleges that Defendants repeatedly and
willfully violated Sections 7 and 15 of the Fair Labor Standards
Act by failing to compensate Plaintiff, and all others similarly
situated, at a rate not less than one and one-half times their
regular rate of pay for each hour worked in excess of 40 in a
workweek. The Plaintiff demands judgment against Defendants,
jointly and severally, including awarding Plaintiff declaratory
and/or injunctive relief as permitted by law or equity.
RAW ELECTRICAL SERVICE, LLC, operates a company primarily engaged
in the business of providing electric contracting services in
Houston, Texas.
The Plaintiff is represented by:
Charles L. Scalise, Esq.
Daniel B. Ross, Esq.
ROSS LAW GROUP
1104 San Antonio Street
Houston, TX 78701
Phone: (512) 474-7677
Fax: (512) 474-5306
E-mail: Charles@rosslawpc.com
RISING SUN: Faces "Lin" Suit Over Failure to Pay Overtime Wages
---------------------------------------------------------------
Jiahang Lin, on behalf of himself and others similarly situated v.
Rising Sun Restaurant, Inc. d/b/a ChopStix, Grand Joint Fortune
Restaurant, Inc. d/b/a ChopStix, George Kang Wong, and May Kuen
Moy, Case No. 1:17-cv-01044 (E.D.N.Y., February 24, 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 Japanese restaurants in New York.
Jiahang Lin is a pro se plaintiff.
ROBERT ANDREWS: "Newman" Suit Seeks Unpaid Wages
------------------------------------------------
Tricia Newman, on behalf of herself and others similarly situated,
the Plaintiffs, v. Robert Andrews Laser & Medical Aesthetics
Corp., a Colorado corporation, and Halle Friedman,
Individually, the Defendants, Case No. 1:17-cv-00481 (D. Colo.,
Feb. 23, 2017), seeks to recover statutory penalties for
violations of the Electronic Communications Privacy Act and wages
brought pursuant to the federal Fair Labor Standards Act.
Tricia Newman was a nonexempt employee of Defendant corporation
under the federal FLSA. Newman was paid on an hourly basis and
worked as a Manager and Medical Aesthetician, which work
frequently required more than 40 hours of work per week. During
her employment Tricia Newman performed work for which she was not
paid, including work which exceeded forty hours in a single work
week.
The Plaintiffs are represented by:
Donna Dell'Olio, Esq.
CORNISH & DELL'OLIO, P.C.
431 N. Cascade Avenue, Suite
Colorado Springs, CO 80903
Telephone: (719) 475 1204
Facsimile: (719) 475 1264
E-mail: ddellolio@cornishanddellolio.com
SAKS FIFTH: Faces "Payton" Lawsuit Alleging Violation of TCPA
-------------------------------------------------------------
JONATHAN PAYTON, individually, and on behalf of all others
similarly situated, Plaintiff, v. SAKS FIFTH AVENUE LLC,
Defendants, Case No. 2:17-cv-01594 (C.D. Cal., February 28, 2017),
alleges that Defendants began to use Plaintiff's cellular
telephone for the dual purpose of notifying Plaintiff of the
delivery status of a package, and for sending Plaintiff hyperlinks
to Defendant's website, which qualify as spam advertisements
and/or promotional offers, via text messages, including a text
message sent to and received by Plaintiff on or about July 26,
2016 from a phone number confirmed to belong to Defendant, (650)
200-4699 in violation of the Telephone Consumer Protection Act.
Saks Fifth Avenue is an American luxury department store.
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Meghan E. George, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Phone: 877-206-4741
Fax: 866-633-0228
E-mail: tfriedman@toddflaw.com
mgeorge@toddflaw.com
abacon@toddflaw.com
SALESFORCE.COM: Faces "Lira" Suit Over Automatic Renewal
--------------------------------------------------------
KATHY LIRA, individually and on behalf of all others similarly
situated, the Plaintiff, v. SALESFORCE.COM, INC., a Delaware
corporation; and DOES 1-10, inclusive, the Defendants, Case No.
BC651386 (Cal. Super. Ct., Feb. 23, 2017), seeks damages,
restitution, declaratory relief, injunctive relief and reasonable
attorneys' fees and costs pursuant to Cal. Bus. & Prof. Code, and
Code of Civil Procedure.
The Plaintiff brought the class action on behalf of herself and a
class of others similarly situated consisting of all persons who,
within the applicable statute of limitations period, purchased
subscriptions for products (such as customer support software)
from the Defendant).
The Defendant made automatic renewal or continuous service
offers to consumers in California and (a) at the time of making
the automatic renewal or continuous service offers, failed to
present the automatic renewal offer terms or continuous service
offer terms, in a clear and conspicuous manner and in visual
proximity to the request for consent to the offer before
the subscription or purchasing agreement was fulfilled in
violation of Cal. Bus. & Prof. Code; (b) charged Plaintiffs and
Class Members' credit or debit cards, or third-party account
without first obtaining Plaintiffs and Class Members' affirmative
consent to the agreement containing the automatic renewal offer
terms or continuous service offer terms in violation of Cal. Bus.
& Prof. Code; and (c) failed to provide an acknowledgment that
includes the automatic renewal or continuous service offer terms,
cancellation policy, and information regarding how to cancel in a
manner that is capable of being retained by the consumer in
violation of Cal. Bus. & Prof. Code. As a result, all goods,
wares, merchandise, or products sent to Plaintiff and Class
Members under the automatic renewal of continuous service
agreements are deemed to be an unconditional gift pursuant to Cal.
Bus. & Prof.
Salesforce.com is an American cloud computing company
headquartered in San Francisco, California.
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
PACIFIC TRIAL ATTORNEYS
E-mail: sferrell@trialnewport.com
4100 Newport Place, Ste. 800
Newport Beach, CA 92660
Telephone: (949) 706 6464
SAMSUNG ELECTRONICS: Faces "Bradley" Suit Over Washing Machines
---------------------------------------------------------------
ANIKA BRADLEY, on Behalf of Herself and All Others Similarly
Situated Plaintiff, vs. SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG
ELECTRONICS CO., LTD., THE HOME DEPOT, INC., LOWE'S COMPANIES,
INC., BEST BUY CO., INC., SEARS HOLDING CORPORATION,
Defendants, Case No.: 1:17-cv-171 (M.D.N.C., February 28, 2017),
seeks an injunction against Defendants from any further sales of
its Recalled top-load washing machines and to take such other
remedial action as may otherwise be requested herein; and (2)
money damages to adequately and reasonably compensate owners of
the Recalled Washing Machines who have, through no fault of their
own, purchased defective and dangerous Samsung washing machines.
Samsung Electronics America, Inc. supplies consumer electronics
and digital products in the United States.
The Plaintiff is represented by:
Guy W. Crabtree, Esq.
CRABTREE, CARPENTER & CONNOLLY, PLLC
Post Office Drawer 3600
Durham, NC 27702
Phone: (919) 682-9691
Fax: (919) 688-9107
E-mail: GWC@cccattorneys.com
- and -
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Avenue
Oklahoma City, OK 73120
Phone: (405) 235-1560
Fax: (405) 239-2112
E-mail: wbf@federmanlaw.com
SCCY INDUSTRIES: Sued Over Faulty Firearm-Holster Design
--------------------------------------------------------
PATRICK SPRINGER, individually and on behalf of all others
similarly situated, the Plaintiff, v. SCCY INDUSTRIES, LLC, and J4
TACTICAL LLC, the Defendants, Case No. 2:17-cv-00295-SGC (N.D.
Ala., Feb. 23, 2017), seeks compensatory damages in amounts to be
determined trial, but not less than $5,000,000.00, and pre- and
post-judgment interest.
The case is a putative class action arising out of the design,
manufacture and sale of an unreasonably dangerous firearm and
holster combination by Defendants. Despite the holster being
labeled for use with SCCY firearms and bearing the SCCY logo,
their use in combination poses an unreasonable danger of
accidental discharge. The Plaintiff asserts claims on behalf of
himself and all others similarly situated, for Alabama Extended
Manufacturers' Liability (Count I), Violation of the Magnuson-Moss
Warranty Act, (Count II), and negligence (Count III).
The Defendants are manufacturer of holsters and firearm.
The Plaintiff is represented by:
Dennis G. Pantazis, Esq.
D. G. Pantazis Jr. , Esq.
WIGGINS CHILDS PANTAZIS FISHER GOLDFARB LLC
301 Nineteenth Street North
Birmingham, AL 35203
Telephone: (205) 314 0500
E-mail: dgp@wigginschilds.com
dgpjr@wigginschilds.com
- and -
William M. Sweetnam, Esq.
SWEETNAM LLC
100 North La Salle Street, Suite 2200
Chicago, IL 60602
Telephone: (312) 757 1888
E-mail: wms@sweetnamllc.com
SEE'S CANDY: "Salazar" Suit Seeks Overtime Wages Under Labor Code
-----------------------------------------------------------------
DEBBIE SALAZAR, individually, and on behalf of other members of
the general public similarly situated, the Plaintiff, v. SEE'S
CANDY SHOPS, INCORPORATED, a California corporation; SEE'S
CANDIES, INC., a California corporation; and DOES 1 through 10,
inclusive, the Defendant, Case No. BC651132 (Cal. Super. Ct., Feb.
17, 2017), seeks to recover all overtime wages due to Plaintiff
pursuant to the California Labor Code.
The Defendants employed Plaintiff as a non-exempt, hourly-paid
Sales Associate and Lead Clerk from approximately November 2008 to
February 2016 at their store in Palmdale, California, earning
approximately $ 17.25 per hour as a Lead Clerk and $ 15.20 per
hour as a Sales Associate. The Plaintiff typically worked 4-8
hours per day, 4 days per week. The Plaintiff's duties as a Sales
Associate included, without limitation, monitoring inventory,
processing shipments, making gift sets, cleaning and organizing
the store, providing customer service and ringing up customer
transactions.
The Plaintiff is represented by:
Robert Drexler, Esq.
Bevin Allen Pike, Esq.
Jonathan Lee, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (310) 556 4811
Facsimile: (310) 943 0396
E-mail: Robert.Drexler@capstonelawyers.com
Bevin.Pike@capstonelawyers.com
Jonathan.Lee@capstonelawyers.com
SEQUENTIAL-PACIFIC: "Coney" Suit Alleges Labor Law Violations
-------------------------------------------------------------
DEMARCO CONEY, on behalf of himself, all others similarly
situated, and the general public, Plaintiffs, vs. SEQUENTIAL-
PACIFIC BIODIESEL, LLC, an Oregon limited liability company, and
DOES 1 through 100, inclusive, Defendants, (Cal. Super., County of
Alameda, February 28, 2017), alleges failure by Defendants to
compensate Plaintiffs for all hours worked, failure to pay minimum
wage, failure to provide meal and rest periods, failure to
maintain accurate records, failure to furnish wage and hour
statements, negligence, failure to pay final wages on time, and
unfair business practices.
Defendant collects used cooking oil, refines it into biodiesel and
bioproducts, and then sells those. The Plaintiff worked for
Defendants as a truck driver.
The Plaintiff is represented by:
Stephen Noel Ilg, Esq.
Tracy T. Scanlan, Esq.
Frank J. Zeccola, Esq.
ILG LEGAL OFFICE, P.C.
1001 Bayhill Drive, 2nd Floor
San Bruno, CA 94066
Phone: (415)580-2574
Fax: (415)735-3454
Email: silg@ilglegal.com
tscanlan@ilglegal.com
fzeccola@ilglegal.com
SMILE BRANDS: Romano Sues Over Dental Services Financing
--------------------------------------------------------
JENNIE ROMANO, the Plaintiff, v. SMILE BRANDS INC. dba BRIGHT NOW!
DENTAL, and DOES 1-50, inclusive, the Defendant, Case No. BC651498
(Cal. Super. Ct., Feb. 23, 2017), seeks remedy from Defendants'
unlawful conduct regarding the financing of dental services
through open-end credit accounts.
The Defendant failed to provide Plaintiff and members of the class
with the statutorily mandated written notice prior to arranging
for or establishing open-end credit accounts on their behalf.
Accordingly, Defendants violated the Consumers Legal Remedies Act,
and Business and Professions Code.
The Defendant offers general, cosmetic, specialty, and emergency
dentistry with flexible payment option.
The Plaintiff is represented by:
Bryan Kemnitzer, Esq.
Adam J. Mcneile, Esq.
KEMNITZER, BARRON & KRIEG, LLP
445 Bush St., 6th Floor
San Francisco, CA 94108
Telephone: (415)632 1900
Facsimile: (415)632 1901
SITO MOBILE LTD: Sued in D.N.J. Over Exchange Act Violations
------------------------------------------------------------
SANDI ROPER, Individually and on Behalf of All Others Similarly
Situated, the Plaintiff, v. SITO MOBILE LTD., JERRY HUG, and KURT
STREAMS, the Defendants Case No. 2:17-cv-01106 (D.N.J., Feb. 17,
2017), seeks remedies under the Securities Exchange Act of 1934
(Exchange Act).
The case is a federa1 securities class action on behalf of all
investors who purchased or otherwise acquired the Company's common
stock between February 9, 2016, and January 2, 2017, inclusive.
In December 2013, Sito launched its messaging and media placement
businesses on mobile devices. Sito provides a platform serving
businesses, advertisers and brands, and allowing them to create
real-time targeted content based on location, interests, behaviors
and loyalty.
The Company made materially false and/or misleading statements,
misrepresenting its media placement revenues. As the truth was
revealed, the price of Sito stock declined from a closing share
price of $3.69 per share on December 30, 2016 to close at $2.50
per share on January 3, 2017, a drop of approximately 32%, on
extremely heavy trading volume.
Sito is a company specializing in mobile location-based
advertising and mobile messaging.
The Plaintiff is represented by:
Eduard Korsinsky, Esq.
LEVI & KORSINSKY LLP
235 Main Street
Hackensack, NJ 07601
Telephone: (973) 265 1600
Facsimile: (212) 363 7171
E-mail: ek@zlk.com
SOUTHEAST ALABAMA RURAL: "Carrigan" Suit Transferred to M.D. Ala.
-----------------------------------------------------------------
The class action lawsuit styled Dawn Cobb Carrigan and Janet
Gates, individually and on behalf of all others similarly situated
v. Southeast Alabama Rural Health Associates, Greenway Health,
LLC, Greenway EHS, Inc., Sunrise Technology Consultant, and Lee
Investment Consultants, LLC, Case No. 55-CV-17-000005.00, was
transferred from the Circuit Court of Pike County, Alabama to the
U.S. District Court for the Middle District of Alabama
(Montgomery). The District Court Clerk assigned Case No. 2:17-cv-
00114-TFM to the proceeding.
Southeast Alabama Rural Health Associates operates a private, non-
profit medical service corporation located at 1414 Elba Hwy, Troy,
AL 36079.
Greenway Health, LLC and Greenway EHS, Inc. operates a medical
billing services company which provides clinical, financial and
administrative solutions for healthcare providers.
Sunrise Technology Consultant specializes in providing affordable
and reliable IT solutions for businesses.
The Plaintiff is represented by:
Christina Diane Crow, Esq.
JINKS CROW & DICKSON, PC
P.O. Box 350
Union Springs, AL 36089
Telephone: (334) 738-4225
Facsimile: (334) 738-4229
E-mail: ccrow@jinkslaw.com
- and -
Grady Andrew Reeves, Esq.
Matthew Michael Baker, Esq.
Nicholas Joseph Cervera, Esq.
CERVERA, RALPH REEVES BAKER & HASTINGS, LLC
PO Box 325
Troy, AL 36081
Telephone: (334) 566-0116
Facsimile: (334) 566-4073
E-mail: troylaw@troycable.net
mbaker@troycable.net
ncervera@troycable.net
The Defendant Southeast Alabama Rural Health Associates is
represented by:
Joseph Lamar Cowan II, Esq.
Roger Lee Bates, Esq.
W. McKinley Dunn, Esq.
HAND ARENDALL, LLC
2001 Park Place North; Suite 1200
Birmingham, AL 35203
Telephone: (205) 502-0158
Facsimile: (205) 322-3596
E-mail: jcowan@handarendall.com
rbates@handarendall.com
mdunn@handarendall.com
The Defendant Greenway Health, LLC and Greenway EHS, Inc. are
represented by:
Sara Elizabeth C. Matthews, Esq.
MATTHEWS LAW FIRM
P.O. Box 1145
Ozark, AL 36361
Telephone: (334) 774-8804
Facsimile: (334) 445-0830
The Plaintiff Sunrise Technology Consultant is represented by:
Elbert Allen Dodd Jr., Esq.
SCRUGGS, DODD & BRISENDINE, ATTORNEYS, P.A.
PO Box 681109
207 Alabama Ave SW
Fort Payne, AL 35968
Telephone: (256) 845-5932
Facsimile: (256) 845-4325
E-mail: eadscruggs@farmerstel.com
SQUIP INC: Lackawanna Chiropractic Alleges Violation of TCPA
------------------------------------------------------------
LACKAWANNA CHIROPRACTIC P.C., a New York professional corporation,
individually and on behalf of all others similarly situated,
Plaintiff, v. SQUIP, INC., a New Jersey corporation,
Defendant, Case No. 3:17-cv-01372-MAS-TJB (D.N.J., February 28,
2017), seeks to stop Defendant's practice of sending unsolicited
fax advertisements to consumers and businesses in violation of the
Telephone Consumer Protection Act, and to obtain redress for all
persons or entities similarly injured by its conduct.
Defendant is a company that makes natural medical products which
help those who suffer from allergies, asthma, bronchitis and other
respiratory disorders.
The Plaintiff is represented by:
Stefan Coleman, Esq.
LAW OFFICES OF STEFAN COLEMAN, PLLC
1072 Madison Ave., Ste. #1
Lakewood, NJ 08701
Phone: (877) 333-9427
Fax: (888) 498-8946
E-mail: law@stefancoleman.com
- and -
Blake J. Dugger, Esq.
LAW OFFICES OF STEFAN COLEMAN, PLLC
1011 W. Colter St., #236
Phoenix, AZ 85013
Phone: (602) 441-3704
Fax: (888) 498-8946
E-mail: blake@stefancoleman.com
SP PLUS CORP: "Savett" Suit Alleges Debit Card Fraud
----------------------------------------------------
ADAM SAVETT, on behalf of himself and all others similarly
situated, the Plaintiff, v. SP PLUS CORPORATION, formerly known as
STANDARD PARKING CORPORATION, the Defendant, Case No. 2017-CH-
02437 (Ill. Cir. Ct., Feb., 2017), seeks to recover statutory
damages, attorneys' fees, costs, and other relief as the
Court deems proper, including punitive damages.
The Plaintiff brought the action to secure redress for the
violations by Defendants of the Fair and Accurate Credit
Transactions Act (FACTA) amendment to the Fair Credit Reporting
Act (FCRA).
The Defendants have willfully violated FACTA and have failed to
protect Plaintiff and class members against identity theft, credit
card fraud, and debit card fraud by failing to comply
with FACTA's truncation requirement.
SP Plus is an American provider of parking facility management
services. It manages parking facilities with more than one million
parking spaces across the United States and Canada.
The Plaintiff is represented by:
Daniel A. Edelman, Esq.
Cathleen M. Combs, Esq.
James O. Lattumer, Esq.
Michelle A. Alyea, Esq.
EDELMAN, COMBS, LATTURNER & GOODWIN, LLC
20 South Clark Street, Suite 1500
Chicago, IL 60603-1824
Telephone: (312) 739 4200
Facsimile: (312) 419 0379
E-mail: courtecl@edcombs.com
- and -
Daniel R. Karon, Esq.
KARON LLC
700 W. St. Clair Ave., Suite 200
Cleveland, OH 44114
Telephone: (216) 622 1851
Facsimile: (216) 241 8175
E-mail: dkaron@karonHc.com
SR LONG BEACH: "Aguero" Suit Seeks Unpaid Wages Under Labor Code
----------------------------------------------------------------
ELVIRA FABIOLA AGUERO, an individual and ANA VILLASENOR, an
individual, on behalf of themselves and all others similarly
Situated, the Plaintiff, v. SR LONG BEACH FD, INC., a California
corporation; SR RESTAURANT HOLDINGS GROUP, INC., a California
corporation; and DOES 1 through 50, inclusive, the Defendant, Case
No. BC650977 (Cal. Super. Ct., Feb. 17, 2017), seeks to recover,
among other things, wages and penalties from unpaid wages earned
and due, including but not limited to unpaid minimum wages, unpaid
and illegally calculated overtime compensation, illegal meat and
rest period policies, failure to pay all wages due to discharged
and quitting employees, failure to indemnify employees for
necessary expenditures and/or losses incurred in discharging their
duties, failure to provide accurate itemized wage statements,
failure to maintain required records, and interest, attorneys'
fees, costs, and expenses.
The Plaintiffs and Class Members were employed by Defendants under
employment agreements that were partly written, partly oral, and
partly implied. In perpetrating the acts and omissions alleged,
according to the Complaint, the Defendants, and each of them,
acted pursuant to, and in furtherance of, their policies and
practices of not paying Plaintiffs and Class Members all wages
earned and due, through methods and schemes which include, but are
not limited to, failing to pay overtime premiums; failing to
provide rest and meal periods; failing to property maintain
records; failing to provide accurate itemized statements for each
pay period; failing to properly compensate Plaintiffs and Class
Members for necessary expenditures; and requiring, permitting or
suffering the employees to work off the clock, in violation of the
California Labor Code and the applicable Welfare Commission (IWC)
Orders.
The Plaintiffs are represented by:
Matthew J. Matern, Esq.
Dalia R. Khalili, Esq.
MATERN LAW GROUP PC
1230 Rosecrans Ave No. 200,
Manhattan Beach, CA 90266
STATE FARM: MAO-MSO Suit Seeks Medical Expenses Reimbursement
-------------------------------------------------------------
MAO-MSO RECOVERY II, LLC, a Delaware entity; MSP RECOVERY, LLC, a
Florida entity; MSPA CLAIMS 1, LLC, a Florida entity, the
Plaintiffs, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an
Illinois Company, the Defendant, Case No. 3:17-cv-00202 (S.D.
Ill., Feb. 23, 2017), seeks to recover reimbursement for those
accident-related medical expenses paid for by the Plaintiffs'
assignors and all other MAOs that should have been paid, in the
first instance, by Defendant under the Medicare Secondary Payer
provisions.
The Defendant failed to fulfill its statutorily-mandated duty to
reimburse Medicare Advantage Organizations ("MAOs") for medical
expenses arising out of automobile accidents.
Under Medicare Secondary Payer provisions of the Medicare Act,
MAOs are, by law, secondary payers for any medical expenses that
are covered by a policy of insurance under its terms and
provisions. This means that when there is any other source that is
responsible for payment for a medical claim(s), i.e., an insurance
policy, that has a contractual obligation to pay
for the medical services pursuant to the terms and conditions of
the policy, there is a "demonstrated responsibility" requiring the
primary payer to pay pursuant to the terms and conditions before a
Medicare payer like Plaintiffs and the class should pay for the
same medical expenses.
State Farm is a group of insurance and financial services
companies in the United States. The group's main business is State
Farm Mutual Automobile Insurance Company, a mutual insurance firm
that also owns the other State Farm companies.
The Plaintiff is represented by:
David M. Hundley, Esq.
PENDLEY, BAUDIN & COFFIN, LLP
1620 W. Chicago Avenue, Suite 307
Chicago, IL 60622
Telephone: (312) 212 3343
E-mail: dhundley@pbclawfirm.com
- and -
Christopher L. Coffin, Esq.
Nicholas R. Rockforte, Esq.
Courtney L. Stidham, Esq.
PENDLEY, BAUDIN & COFFIN, LLP
1515 Poydras Street, Suite 1400
New Orleans, LA 70112
Telephone: (504) 355 0086
E-mail: ccoffin@pbclawfirm.com
dhundley@pbclawfirm.com
nrockforte@pbclawfirm.com
cstidham@pbclawfirm.com
- and -
Michael L. Baum, Esq.
R. Brent Wisner, Esq.
Pedram Esfandiary, Esq.
BAUM, HEDLUND, ARISTEI & GOLDMAN, P.C.
12100 Wilshire Blvd., Suite 950
Los Angeles, CA 90025
Telephone: (310) 207 3233
Facsimile: (310) 820 7444
E-mail: mbaum@baumhedlundlaw.com
rbwisner@baumhedlundlaw.com
pesfandiary@baumhedlundlaw.com
STUART PETROLEUM: "Brister" Suit Seeks Unpaid OT Wages Under FLSA
-----------------------------------------------------------------
SHAYE BRISTER, individually and on behalf of all others similarly
situated, the Plaintiff, v. STUART PETROLEUM TESTERS, INC. d/b/a
STUART PRESSURE CONTROL, the Defendant, Case No. 4:17-cv-00549
(S.D. Tex., Feb. 20, 2017), seeks to recover unpaid overtime wages
and other damages under the Fair Labor Standards Act (FLSA) and
the New Mexico Minimum Wage Act (NMMWA).
The Plaintiff and those similarly situated to him were employed by
Defendant in the oilfield as Well Testers and Flowback Hands,
performing technical and manual labor job duties. Such duties
included, but were not limited to, assisting with the preparation
of equipment and performing well testing related functions on
various job sites.
The Defendant required Plaintiff and the other Putative Class
Members to work substantial overtime without compensation. The
Plaintiff and the other Putative Class Members worked at least 12
hours a day for at least 7 days a week. As a result, they often
worked weeks consisting of 84 hours or more.
Stuart Petroleum provides oil field services.
The Plaintiff is represented by:
Andrew W. Dunlap, Esq.
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Lindsay R. Itkin, Esq.
Jessica M. Bresler, Esq.
FIBICH, LEEBRON, COPELAND BRIGGS & JOSEPHSON
1150 Bissonnet St.
Houston, TX 77005
Telephone: (713) 751 0025
Facsimile: (713) 751 0030
E-mail: mjosephson@fibichlaw.com
adunlap@fibichlaw.com
litkin@fibichlaw.com
jbresler@fibichlaw.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH, P.L.L.C.
8 Greenway Plaza, Suite 1500
Houston, Texas 77046
Telephone: (713) 877 8788
Facsimile: (713) 877 8065
E-mail: rburch@brucknerburch.com
SURGICAL CARE: Faces "Steinberg" Suit Over Misleading Statements
----------------------------------------------------------------
CHAILE STEINBERG, Individually and On Behalf of All Others
Similarly Situated, Plaintiff, v. SURGICAL CARE AFFILIATES, INC.,
THOMAS C. GEISER, KENNETH R. GOULET, ANDREW HAYEK, FREDERICK A.
HESSLER, SHARAD MANSUKANI, JEFFREY K. RHODES, MICHAEL A. SACHS,
TODD B. SISITSKY, LISA SKEETE TATUM, UNITEDHEALTH GROUP
INCORPORATED, SPARTAN MERGER SUB 1, INC., and SPARTAN MERGER SUB
2, LLC, Defendants, Case No. 1:17-cv-00204-UNA (D. Del., February
28, 2017), alleges that Defendants issued false and misleading
statements on the Solicitation/Recommendation Statement and Form
S-4 Registration Statement regarding the merger of Surgical Care
Affiliates, Inc. with UnitedHealth Group Incorporated in violation
of the U.S. Securities and Exchange Act. The exchange offer is
currently scheduled to expire on March 21, 2017. Under the
transaction shareholders of Surgical Care will receive $11.40 per
share in cash and shares of UnitedHealth common stock.
Specifically, according to the suit, the Solicitation Statement
omits material information regarding Surgical Care's financial
projections and the financial analyses performed by the Company's
financial advisor, J.P. Morgan Securities LLC, in support of its
so-called fairness opinion.
The Company operates 205 surgical facilities, including ambulatory
surgery centers and surgical hospitals, in partnership with
approximately 3,000 physicians.
The Plaintiff is represented by:
Seth D. Rigrodsky, Esq.
Brian D. Long, Esq.
Gina M. Serra, Esq.
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Phone: (302) 295-5310
SYNUTRA INTERNATIONAL: Motion to Expedite "Murillo" Case Denied
---------------------------------------------------------------
The court has denied plaintiff's motion for expedited proceedings
in the case, Rudy Murillo v. Synutra International, Inc., et al.,
Synutra International, Inc. said in its Form 10-Q Report filed
with the Securities and Exchange Commission on February 9, 2017,
for the quarterly period ended December 31, 2016.
Four purported stockholder class action complaints have been filed
against the Company and certain officers and directors thereof in
connection with the proposed transaction under that certain
agreement and plan of merger, dated November 17, 2016, by and
among the Company, Beams Power Investment Limited, and Beams Power
Merger Sub Limited.
The first, Rudy Murillo v. Synutra International, Inc., et al.,
Case No. 12990-VCL, was filed on December 15, 2016, in the Court
of Chancery of the State of Delaware, and was amended on January
5, 2017. The plaintiff in this action also filed a motion for
expedited proceedings, but that motion was denied by the Court of
Chancery on February 3, 2017.
The second, Abraham Atachbarian Roth Ira v. Synutra International,
Inc., et al., Case No. 1:16-cv-01302-LPS, was filed on December
22, 2016, in the United States District Court for the District of
Delaware.
The third, Robert Garfield v. Synutra International, Inc., et al.,
Case No. 428880-v, was filed on January 5, 2017, in the Circuit
Court for Montgomery County, Maryland.
The fourth, Arthur Flood v. Synutra International, Inc., et al.,
Case No. 2017-0032-JTL, was filed on January 17, 2017, in the
Court of Chancery of the State of Delaware.
These complaints challenge the proposed transaction and allege,
among other things, that the individual defendants breached their
fiduciary duties to the minority stockholders by approving the
proposed transaction following an inadequate process and failing
to disclose material information in connection with the proposed
transaction. The complaints seek, among other relief, to enjoin
defendants from consummating the proposed transaction.
"We have reviewed the allegations contained in the complaints,
believe they are without merit and intend to defend these actions
vigorously," the Company said.
Synutra International, Inc. and its subsidiaries are principally
engaged in production, distribution and sales of dairy-based
nutritional products under the "Shengyuan" or "Synutra" line of
brands in the People's Republic of China ("China" or "PRC"). The
Company focuses on selling powdered formula products for infants
and adults, and also engages in other nutritional product
offerings, such as certain nutritional ingredients and
supplements.
TASTE OF NATURE: Under-Fills Candy Boxes, Tsuchiyama Claims
-----------------------------------------------------------
EVAN TSUCHIYAMA, individually and on behalf of all others
similarly situated, the Plaintiff, v. TASTE OF NATURE, INC., and
DOES 1 through 10, inclusive, the Defendant, Case No. BC651252
(Cal. Super. Ct., Feb. 23, 2017), seeks damages against Defendant
in an amount to be determined at trial, together with pre- and
post-judgment interest at the maximum rate allowable by law
on any amounts awarded.
The case is a class action lawsuit brought on behalf of all
purchasers of Chocolate Chip Cookie Dough Bites (TM) brand candy
products sold at retail outlets and movie theaters throughout
California and the United States. According to the Complaint, the
Defendant intentionally misleads and shortchanges consumers by
falsely and deceptively misrepresenting the amount of candy
actually contained in each box of Product. Defendant uniformly
under-fills the opaque boxes by at least 50%. Every box is filled
at most 50% full with candy product. The 50% balance is empty
space, or "slack-fill," nearly all of which serves no legitimate
or lawful function.
Taste of Nature manufactures brands like Cookie Dough Bites, Muddy
Bears, Sqwigglies, Shari Candies, and Cookies N Cream Bites.
The Plaintiff is represented by:
Ryan J. Clarkson, Esq.
Shireen M. Clarkson, Esq.
Shalini M. Dogra, Esq.
CLARKSON LAW FIRM, P.C.
9255 Sunset Blvd., Ste. 804
Los Angeles, CA 90069
Telephone: (213) 788 4050
E-mail: rclarkson@clarksonlawfirm.com
sclarkson@clarksonlawfirm.com
sdogra@clarksonlawfirm.com
TOYOTA LEASE TRUST: Violated Leasing Act, "Chase" Suit Claims
-------------------------------------------------------------
DOUG CHASE, an individual; and, on behalf all others similarly
situated, the Plaintiff, v. MICHAEL DENNIS SULLIVAN, an
individual, dba LEXUS SANTA MONICA; TOYOTA LEASE TRUST, active
corporation and division of TOYOTA MOTOR CREDIT CORPORATION;
TOYOTA MOTOR CREDIT CORPORATION, an active California corporation,
dba LEXUS FINANCIAL SERVICES; and DOES 1 through 500, inclusive,
Case No. BC650973 (Cal. Super. Ct., Feb. 17, 2017), seeks damages
caused by Defendants violation of the California Vehicle Leasing
Act.
On December 31, 2013, the Plaintiff went to Sullivan Michael
Dennis, an individual, dba Lexus Santa Monica and leased a new
2014 Lexus IS350, VIN JTHBEID27E5004602.
The Defendants allegedly overcharged and failed to properly
disclose the total trade-in lien payoff on the Lease, for which a
separate document had to be consulted. When Defendants failed to
properly identify the outstanding prior credit or lease balance by
labeling it as Acquisition Cost, they violated Civil Code.
The Defendants is engaged in the business of buying, repairing and
re-selling used vehicles to the general public, and, taking
vehicles in trade.
The Plaintiff is represented by:
Martin S. Putnam, Esq.
LAW OFFICES OF MARTIN PUTNAM
1300 Clay Street, Suite 600
Oakland, CA 94612
Telephone: (510) 466 6300
Facsimile: (510) 225 2625
E-mail: martin@putnamlaw.com
U.S. BANK: Court Denied Class Certification in "Smith"
------------------------------------------------------
In the lawsuit styled JEREMY SMITH, the Plaintiff, v. U.S. BANK,
N.A., the Defendant, Case No. 1:16-cv-21146-UU (S.D. Fla.), the
Hon. Ursula Ungaro entered an order denying the request for
certification of this class:
"any person who had a FHA-insured loan for which (1) the Date
of the Note is within a period beginning on June 1, 1996 and
ending on January 20, 2015; (2) U.S. Bank, as of the date the
total amount due on the loan was brought to zero, was the
Lender, Mortgagee, or otherwise held legal title to the Note;
(3) U.S. Bank collected interest for any period after the
total amount due on the loan was brought to zero (i.e., U.S.
Bank collected "post-payment interest"); and (d) U.S. Bank
collected post-payment interest during the applicable statute
of limitations period".
The Court said, "Because Plaintiff has failed to show that common
issues predominate here, the Court need not address whether a
class action mechanism is superior to other available methods for
adjudicating this controversy. Nonetheless, the Eleventh Circuit
has made clear that the superiority analysis is "intertwined with
predominance analysis; when there are no predominant common issues
of law or fact, class treatment would be either singularly
inefficient or unjust."
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=aOCk39YM
UBIQUITI NETWORKS: Shareholder Class Action Lawsuits Pending
------------------------------------------------------------
Ubiquiti Networks, Inc. remains a defendant in shareholder class
action lawsuits, the Company said in its Form 10-Q Report filed
with the Securities and Exchange Commission on February 9, 2017,
for the quarterly period ended December 31, 2016.
Beginning on September 7, 2012, two class action lawsuits were
filed in the United States District Court for the Northern
District of California against Ubiquiti Networks, Inc., certain of
our current and former officers and directors, and the
underwriters of its initial public offering, alleging claims under
U.S. securities laws.
On January 30, 2013, the plaintiffs filed an amended consolidated
complaint.
On March 26, 2014, the court issued an order granting a motion to
dismiss the complaint with leave to amend.
Following the plaintiffs' decision not to file an amended
complaint, on April 16, 2014, the court ordered the dismissal of
the lawsuit with prejudice, and entered judgment in favor of the
Company and the other defendants, and against the plaintiffs.
On May 15, 2014, the plaintiffs filed a notice of appeal from the
judgment of the court.
The Ninth Circuit heard oral arguments on August 10, 2016. On
October 24, 2016, the Ninth Circuit issued an unpublished opinion,
reaffirming the district court's dismissal of the alleged
violation of Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934 and reversing the district court's dismissal of the
alleged violations of Sections 11 and 15 of the Securities Act of
1933.
The Company filed a petition for rehearing with the Ninth Circuit,
which the Ninth Circuit denied.
The Company plans to vigorously defend itself against these
claims; however, there can be no assurance that the Company will
prevail in the lawsuit. The Company cannot currently estimate the
possible loss, if any, that it may experience in connection with
this litigation.
UNILEVER US: June 5 Settlement Approval Hearing Set in "Fleming"
----------------------------------------------------------------
The Hon. Sharon Johnson Coleman entered an order in the lawsuit
entitled Virgil Fleming, et al. the Plaintiffs, v. Unilever United
States, Inc., et al., the Defendants, Case No. 1:14-cv-06117 (N.D.
Ill.), granting Plaintiffs' unopposed motion for preliminary
approval of settlement agreement, approval of class notice, and
entry of an order setting fairness hearing.
According to the docket entry made by the Clerk on February 17,
2017, Plaintiffs' unopposed motion to certify class is granted. A
Fairness hearing is set for June 5, 2017 at 9:30 a.m.
A copy of the Docket Entry is available at no charge at
http://d.classactionreporternewsletter.com/u?f=YZSGhBS8
UNILIFE CORPORATION: Agreement-in-Principle Reached
---------------------------------------------------
The parties in a consolidated class action lawsuit against Unilife
Corporation have reached an agreement-in-principle to fully
resolve all claims that were asserted or could have been asserted
in the lawsuit, the Company said in its Form 10-Q Report filed
with the Securities and Exchange Commission on February 9, 2017,
for the quarterly period ended December 31, 2016.
On May 26 and 27, 2016, two putative class actions were filed in
the United States District Court for the Southern District of New
York alleging that in violation of Rule 10b-5 and Section 20(a) of
the Exchange Act, the Company and six individual defendants made
false and/or misleading statements and/or failed to disclose: (1)
that the Company's former CEO and former Chairman of the Board of
Directors had violated the Company's policies and procedures and
had engaged in violations of law and regulations; (2) that the
Company lacked adequate internal controls over accounting and
financial reporting; (3) that, as a result, the Company would be
unable to file its Quarterly Report on Form 10-Q for the period
ended March 31, 2016 by the prescribed filing deadline; and (4)
that, as a result of the foregoing, the Company's financial
statements, as well as its statements about the Company's
business, operations, and prospects, were false and misleading
and/or lacked a reasonable basis. The putative class actions were
brought on behalf of purchasers of the Company's securities
between February 3, 2014 and May 23, 2016.
On August 24, 2016, the Court consolidated the two actions,
appointed lead plaintiffs and lead counsel, and set a deadline of
October 24, 2016 for Plaintiffs to file an amended complaint. The
plaintiffs filed an amended complaint on October 24, 2016
expanding the class to purchasers of the Company's securities
between November 9, 2011 and July 28, 2016, dropping three of the
original individual defendants as named defendants and making
additional allegations related to matters the Company disclosed in
connection with the Investigation.
In accordance with a scheduling order issued by the Court on
December 12, 2016, Plaintiffs filed a second amended complaint on
December 14, 2016 that, among other things, included allegations
relating to the Company's October 24, 2016 and November 14, 2016
SEC filings.
In February 2017, the parties reached an agreement-in-principle to
fully resolve all claims that were asserted or could have been
asserted in the lawsuit. An insurer for the Company has agreed to
pay the full amount of the proposed settlement. The proposed
settlement is subject to definitive documentation and court
approval. If the proposed settlement is not consummated, the
Company intends to vigorously contest this lawsuit.
The Company has recorded a receivable from its insurance carrier
and a liability to the claimants for $4.4 million, which is
included in prepaid and other current assets and accrued expenses
on the consolidated balance sheet at December 31, 2016 related to
this matter.
Unilife is a designer, manufacturer, and supplier of innovative
injectable drug delivery systems that can enhance and
differentiate the injectable products of pharmaceutical and
biotechnology customers.
UNIVERSAL FIDELITY: Must Defend Against "Mikolajczyk" Suit
----------------------------------------------------------
The Hon. William E. Duffin entered an order in the lawsuit titled
CHRISTINE MIKOLAJCZYK, the Plaintiff, v. UNIVERSAL FIDELITY, LP,
the Defendant, Case No. 2:16-cv-01382-WED (E.D. Wisc.), denying
the motion to dismiss for failure to state a claim filed by
Universal Fidelity LP.
Mikolajczyk filed what the court commonly refers to as a
"protective" or "placeholder" motion to certify a class in this
matter. Concurrently she requested to stay briefing on the motion.
The Court granted Mikolajczyk's motion to stay briefing on this
motion. The motion for class certification is terminated for
administrative purposes. However, the Court regards the motion as
pending to the extent a pending motion is required to satisfy the
plaintiff's intended protective purpose in light of Damasco v.
Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), and Campbell-Ewald
Co. v. Gomez, 136 S. Ct. 663 (2016).
The Court said, "Nonetheless, Mikolajczyk does not need to plead
any more specifically than she did as to why the misrepresentation
is material. The materiality is evident from a plain objective
reading of the letter. Cf. Winiecki v. Creditors Interchange
Receivable Mgmt., LLC, 14 F. Supp. 3d 1086, 1094 (N.D. Ill. 2014)
(discussing a plaintiff's responsibility to plead materiality). If
a consumer lacks a reason for wishing to dispute the debt, or is
unclear whether her reason is relevant or sufficient, being told
that she must provide a reason may dissuade her from exercising
her unfettered right under the FDCPA to dispute the debt. Thus,
the court rejects Universal's argument that Mikolajczyk's claim
must be dismissed for failing to plead materiality.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=BRC6uGkj
US RX: Class Certification Hearing in "Dees" Suit Reset to May 1
----------------------------------------------------------------
The Hon. Sharon Johnson Coleman entered an order in the lawsuit
entitled Michelle Dees, et al., the Plaintiffs, v. US RX Care,
LLC, et al., Defendants, Case No. 1:16-cv-11154 (N.D. Ill.),
granting Plaintiff's motion for extension of time.
According to the docket entry made by the Clerk on February 24,
2017, the previously set status report deadline is stricken. In
light of the Defendant's recent waiver of service, the Feb. 27
status hearing is stricken and reset to May 1, 2017 at 9:00 a.m.
The parties are directed to meet and discuss the status of the
case. The parties are to file a joint status report by April 26,
2017 in the format described on the court's website at
www.ilnd.uscourts.gov. The parties are directed to discuss
settlement, and whether they consent to proceed before the
Magistrate Judge.
A copy of the Docket Entry is available at no charge at
http://d.classactionreporternewsletter.com/u?f=OsqEt8Dy
Judge Coleman also continued Plaintiff's motion for class
certification until May 1, according to the docket entry at
http://d.classactionreporternewsletter.com/u?f=gKgjT7HA
VACATION CONSULTING: "Fitzhenry" Suit Seeks Class Certification
---------------------------------------------------------------
In the lawsuit captioned MARK FITZHENRY, individually and on
behalf of all others similarly-situated, the Plaintiff, v.
VACATION CONSULTING SERVICES, LLC, BRIAN JAY SCROGGS, and JOHN
DOES 1-10, the Defendants, Case No. 4:17-cv-00774-NAB (Missouri
Cir, Ct.), the Plaintiff asks the Court to certify a class of:
"all persons in the United States who were called, on or after
June 12, 2013 to the present on either (1) a residential
telephone line or (2) a cellular telephone service, by or on
behalf of Defendant using a pre-recorded voice to deliver a
message promoting Defendants time share services".
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=sEAkjNNt
The Plaintiff is represented by:
Max G. Margulis, Esq.
MARGULIS LAW GROUP
28 Old Belle Monte Rd.
Chester, MO 63017
Telephone: (636) 536 7022
Facsimile: (636) 536 6652
VIACOM INC: Motion to Dismiss Amended Stockholders' Suit Underway
-----------------------------------------------------------------
Viacom Inc. said in its Form 10-Q Report filed with the Securities
and Exchange Commission on February 9, 2017, for the quarterly
period ended December 31, 2016, that the Company's motion to
dismiss an amended consolidated class action complaint remains
pending.
Between June 17, 2016 and August 1, 2016, three substantially
similar purported class action complaints were filed in the
Delaware Chancery Court by purported Viacom stockholders, against
Viacom and Viacom's directors at the time, as well as National
Amusements, Inc. and NAI Entertainment Holdings LLC (together,
"NAI"), and were subsequently consolidated into one action. The
action -- brought on behalf of the class of all holders of Viacom
Class B common stock except the named defendants and any person or
entity affiliated with any of the defendants -- alleges claims for
breaches of fiduciary duty against the incumbent director
defendants and NAI, and alleges that the Viacom directors who
joined the Board of Directors subsequent to the filing of the
actions aided and abetted these breaches. In addition to damages
and attorneys' fees, the action seeks "such relief as the Court
deems just and proper."
All defendants, including Viacom and certain of its directors,
have moved to dismiss the action. The plaintiffs filed an amended
consolidated complaint in November 2016, and the Company has again
moved to dismiss the action.
Viacom is home to premier global media brands that create
compelling television programs, motion pictures, short-form
content, applications ("apps"), games, consumer products, social
media experiences and other entertainment content for audiences in
more than 180 countries. Viacom operates through two reporting
segments: Media Networks and Filmed Entertainment. The Media
Networks segment provides entertainment content and related
branded products for consumers in targeted demographics attractive
to advertisers, content distributors and retailers through three
brand groups: the Global Entertainment Group, the Nickelodeon
Group and BET Networks. The Filmed Entertainment segment produces,
finances, acquires and distributes motion pictures, television
programming and other entertainment content under the Paramount
Pictures, Paramount Animation, Nickelodeon Movies, MTV Films and
Paramount Television brands.
VIVINT INC: "Whitehead" Suit to Assert Common Law Fraud Claims
--------------------------------------------------------------
In the lawsuit captioned ADDIE CATES WHITEHEAD and ORMAN
WHITEHEAD, the Plaintiffs, v. VIVINT, INC, the Defendant, Case No.
1:16-cv-00059-MAC (E.D. Tex.), the Plaintiffs seek to amend their
complaint to add an additional cause of action -- common law
fraud.
Vivint has not given consent for Plaintiff to do so.
On July 12, 2014, Addie and Orman Whitehead entered into an
agreement with Defendant for the purchase of a security and fire
alarm system. They paid additional money for Vivint to install
industrial smoke detectors for the Alarm System. Since the Alarm
Systems was installed, there were complications with the Alarm
System that showed it was not working as intended.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=kXxJ3STu
The Plaintiffs are represented by:
Malachi Daws, Esq.
Judson Daws, Esq.
THE DAWS LAW FIRM
485 Milam Street
Beaumont, TX 77701
Telephone: (409) 838 6000
Facsimile: (409) 838 6003
E-mail: mdaws@dawslawfirm.com
The Defendant is represented by:
Nicholas P. Laurent, Esq.
Barron & Adler, LLP
808 Nueces Street
Austin, Texas 78701
Telephone: (512) 478 4995
Facsimile: (512) 478 6022
E-mail: Laurent@barronadler.com
knox@barronadler.com
perry@barronadler.com
WAUPACA FOUNDRY: "Sarrell" Suit Asserts Overtime Violations
-----------------------------------------------------------
MICHAEL SARRELL, Individually, on behalf of himself and on behalf
of others similarly situated, Plaintiffs, v. WAUPACA FOUNDRY,
INC., a Wisconsin Corporation, FLSA Opt-In Collective Action
Defendant, Case No. 1:17-cv-00056 (E.D. Tenn., February 28, 2017),
raises claims for "off-the-clock" and overtime violations as a
Collective Action pursuant to the Fair Labor Standards Act.
Defendant Waupaca Foundry, Inc. is a Hitachi Metals Group Company
and part of Hitachi Metals, Ltd., a material manufacturer with
production facilities worldwide. Waupaca is an iron castings
producer. Plaintiff is an hourly-paid protective safety geared
employee.
The 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
Phone: (901) 754-8001
Fax: (901) 754-8524
E-mail: gjackson@jsyc.com
jholt@jsyc.com
rbryant@jsyc.com
pjackson@jsyc.com
WELLS FARGO: Class Certification Bid in "Miller" Suit Denied
------------------------------------------------------------
In the lawsuit styled ANNA MILLER, the Plaintiff, v. WELLS FARGO
BANK, N.A., the Defendant, Case No. 1:16-cv-21145-UU (S.D. Fla.),
the Hon. Judge Ursula Ungaro entered an order denying the request
to certify a class of:
"any person who had a FHA-insured loan for which (1) the Date
of the Note is within a period beginning on June 1, 1996 and
ending on January 20, 2015; (2) Wells Fargo, as of the date
the total amount due on the loan was brought to zero, was the
owner or otherwise held legal title to the Note; (3) Wells
Fargo collected interest for any period after the total amount
due on the loan was brought to zero (i.e., Wells Fargo
collected "post-payment interest"); and (4) Wells Fargo
collected post-payment interest during the applicable statute
of limitations period".
On March 31, 2016, the Plaintiff filed the instant putative class
action, alleging claims for: (1) breach of contract (Count I); and
(2) declaratory and injunctive relief (Count II). The Plaintiff
alleges that Defendant wrongfully charged and collected from
Plaintiff and the proposed class members "post-payment interest"
(interest collected by a lender after the borrower has paid the
full unpaid principal of the loan), without providing adequate
disclosures under HUD and FHA regulations. The Plaintiff alleges
that under HUD and FHA regulations, all underlying FHA-insured
loans must contain certain uniform provisions.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=Lp24zUsz
WHITEPAGES INC: Removed "Klinger" Class Suit to N.D. Illinois
-------------------------------------------------------------
The class action lawsuit entitled Kevin Klinger, individually and
on behalf of all others similarly situated v. Whitepages, Inc.
d/b/a WHITEPAGES.COM, Case No. 2017-CH-01555, was removed from the
Circuit Court of Cook County, IL, Chancery Division to the U.S.
District Court for the Northern District of Illinois. The District
Court Clerk assigned Case No. 1:17-cv-01441 to the proceeding.
Whitepages, Inc. is a provider of online directory services, fraud
screening and identity verification for businesses, public record
background checks, and other products, based on its database of
contact information for people and businesses.
Kevin Klinger is a pro se plaintiff.
The Defendant is represented by:
Blaine C. Kimrey, Esq.
VEDDER PRICE PC
222 N. Lasalle, Suite 2600
Chicago, IL 60601
Telephone: (312) 609-7500
E-mail: bkimrey@vedderprice.com
*********
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Copyright 2017. All rights reserved. ISSN 1525-2272.
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