/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/170503.mbx C L A S S A C T I O N R E P O R T E R Wednesday, May 3, 2017, Vol. 19, No. 88 Headlines ADVANCED HCS: "Williams" Suit Seeks Unpaid OT Pay Under FLSA AERO PORT: "Aguilar" Suit Seeks Unpaid Wages Under Labor Code ALTAWHID FOOD: "Amastal" Suit Seeks Overtime, Spread-of-Hours Pay AMERICAN AIRLINES: "Robinson" Class Suit Removed to W.D. Oklahoma AMERICAN FREIGHT: Faces "Leonard" Suit in Ala. Over Gender Bias AMERICOLLECT INC: Placeholder Bid for Class Certification Filed ANTHEM INC: Sued Over Limited Review of Med. Necessity Requests ANTONIO OTERO: "Munoz-Cano" Seeks Unpaid Wages, Damages BANK OF AMERICA: "Reithel" Sues Over Unfair Collection Scheme BARONHR INC: Bradford Seeks Unpaid Wages Under Labor Code BAYHEALTH MEDICAL: Ridley Sues over Medical Records Fees BAYLOR SCOTT: "Hall" Sues Over Unpaid Overtime Pay BERKS CREDIT: Faces "Pinckney" Suit in E.D. New York CAPITAL ONE: Placeholder Motion for Class Certification Filed CENTRAL DRYWALL: Fails to Pay Employees Overtime, Action Claims COLORADO: Faces "Ryan" Suit Over Civil Rights Act Violation CONCORDE CAREER: McCoy Accuses Wage & Labor Law Violations CONNECTICUT: Prisoner Files Suit Over ADA Breach CONFIDE INC: "Auman" Sues Over False Security Claim COOK COUNTY, IL: "Polletta" Suit Seeks Certification of 2 Classes COOK COUNTY, IL: Court Affirms Judgments Suit vs. DEHE COSTCO WHOLESALE: Court Certified Class Certification in "Backer" CREDIT CORP SOLUTIONS: "Peterson" Hits Vague Collections Letter CRESCENT HOTELS: Faces "Monroy" Suit Over Failure to Pay OT Wages DAHAN INVESTMENTS: Faces "Cruz" Suit Over Failure to Pay OT DESI GALLI: "Escamilla" Seeks Overtime, Spread-of-Hours Pay DIRECT MERCHANTS: "Melingonis" Hit Illegal Telemarketing Calls EMPTY WAGON: "Grieb" Sues Over Uncompensated Missed Breaks EPOCH.COM LLC: Ogunyode Sues Over Wage & Labor Law Violations EXPERIAN INFORMATION: Class Cert. Bid Hearing Set for May 18 EVERGREEN REAL: Faces "Berry" Suit Over Security Deposit Policies FASHION FURNITURE: Torres Seeks Unpaid Wages Under Labor Code FLOWERS FOODS: "Long" Sues Over Unpaid Overtime Wages FRIENDLY HOME: Sued Over Failure to Pay Employees Overtime Wages G1 TOWING: Faces "Mercer" Suit Over Failure to Pay Overtime GENVEC INC: "Pillai" Class Suit Challenges Intrexon Merger GOLDEN WEST: "Sagredo" Suit Seeks Unpaid Wages Under Labor Code GREEN ISLE: "Garcia" to Recover Unpaid Min., OT Wages HEALTH ALLIANCE: Williams Alleges Wage & Labor Law Violation HITACHI AMERICA: "Lear" Suit Seeks Unpaid Wages, Damages HOLLYWOOD PANTAGES: Sued Over Misleading Flex Package Sale IGC PROTECTION: "Johnson" Labor Suit Claims Seeks Overtime Pay ILLINOIS CENTRAL: Sued Over Alleged Racial Discrimination JUDLAU CONTRACTING: Herman Alleges Wage & Labor Law Violation KASS MANAGEMENT: Gerbush Sues over Utility Processing Fee KC TRANSPORT: "Underwood" Suit Seeks Unpaid OT Wages Under FLSA LA PARTYWORICS: Sued Over Failure to Properly Pay Workers LOS ANGELES COUNTY: "Gordon" Action Claims Overtime Pay LOS DORADOS: "Melo" Suit Seeks Unpaid Wages, OT Under FLSA LOS DORADOS: "Galvis" Seeks to Recover Unpaid Wages MADISON SQUARE: Violates Fair Credit Reporting Act, Millien Says MAINE: Counties Sued Over Exorbitant Process Fee Payments MASON MANAGEMENT: "Mahmood" Sues Over Excessive Rent Rate MDL 2724: Suit by Teamsters Local 727 Transferred to E.D. Pa. MEDIC AMBULANCE: Faces "Silva" Suit in E.D. California METROPOLITAN TRANSPORTATION: Sued Over Disability Act Violation METROPOLITAN TRANSPORTATION: Sued Over Subway Inaccessibility MICHIGAN: 6th Cir. Remands ACA-related Suit vs. DHHS MIDLAND CREDIT: Faces "Richardson" Suit in E.D. New York MONSANTO COMPANY: Faces "Maraman" Suit Over Sale of Roundup MONSANTO COMPANY: Faces "Naff" Suit over Over Sale of Roundup MYLAN INC: HMO Louisiana Alleges Clomipramine Price-Fixing NEW ENGIN: "Yang" Suit Seeks Unpaid OT Wages & Damages Under FLSA NO PRESSURE: "Figueroa" Suit to Recover Overtime Pay OCWEN FINANCIAL: Faces "Carvelli" Suit in S.D. Fla. OCWEN LOAN: Belcher Seeks Certification of Class & Subclass OMAHA STEAKS: Sued in Cal. Over Unreasonable Shipping Charges OVERLAND PARK FIREBIRDS: "Nolen" Suit Removed to D. Kan. OVERTON SECURITY: Sued Over Failure to Pay Minimum & OT Wages PETROS MB: Jaco-Giron Seeks Unpaid Minimum Wage Under Labor Code PIZZA PETE'S: "Rojas" Sues Over Unpaid Overtime Wages POINT ONE: Ill. App. Ct. Upheld Award of Fees in CLA Suit PREMIER TECHNOLOGY: Roberts Sues Over Spam Calls & Text Messages PRIME FINANCIAL: Faces "Frier" Suit in N.D. Texas PROGRESSIVE CORP: "Barnes" Sues Over Unpaid Overtime Premium QUALCOMM INC: Rotman et al. Sue over Baseband Processors Monopoly SAFEWAY INC: Does Not Properly Pay Employees, "Leon" Suit Claims SANTANDER BANK: Overcharges Mortgage Insurance, Karlberg Claims SEAFOOD JUNCTION: Hearing for Class Cert. Reset to June 23 SENIOR SERVICES: Faces "Orphal" Suit in N.D. Illinois SETERUS INC: Bid to Certify Class Terminated Without Prejudice SNAPCHAT INC: Sent Spam Messages, "Vaccaro" Suit Claims SUNPOWER CORP: Jamarillo Seeks OT Pay Under Labor Code SYNCHRONY BANK: Bid to Certify Class Sought in "McMullen" Suit TGI FRIDAY'S: Faces "Hodges" Suit in Cal. State Court TIBET PHARMACEUTICALS: Youhang Peng Wins Bid to Dismiss IPO Suit TOKAI PHARMACEUTICALS: Sued Over Prop. Otic Share Acquisition TOPGOLF USA: Doesn't Properly Pay Employees, "Bell" Suit Claims TRAVELERS INDEMNITY: Kalista et al. Allege Wage & Labor Violations TXEN PARTNERS: "Gutierrez" Sues Over Illegal Telemarketing Calls U.S. RENAL: Accused of Wage & Hour Violations in "Whitaker" Suit UNITED CEREBRAL: Court Certified Class of Home Healthcare Workers UNITED STATES: FCC Solicited Fax Rule Unlawful, D.C. Court Says US BANCORP: "Leeson" Class Suit Removed to S.D. W. Va. VERNON E & I: Tenorio Alleges Wage & Labor Violations WELLS FARGO: Faces "Pieterson" Suit in N.D. California WERNER ENTERPRISES: "Vester" Suit Transferred to D. Nebraska WEST COAST RUBBER: "Lopez" Suit Seeks Certification of FLSA Class WISE ESPRESSO: Faces "Khalilov" Suit in E.D. New York ZELTIQ AESTHETICS: Sued Over CoolSculpting System in "Otero" Case ********* ADVANCED HCS: "Williams" Suit Seeks Unpaid OT Pay Under FLSA ------------------------------------------------------------ LISA WILLIAMS ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, the PLAINTIFF, v. ADVANCED HCS, LLC, BAY OAKS SNF LLC, ELIEZER SCHEINER AND JANET HOPKINS, INDIVIDUALLY, the DEFENDANTS, Case No. 3:17-cv-00141 (S.D. Tex., Apr. 26, 2017), seeks to recover unpaid hourly wages, unpaid overtime compensation, liquidated damages, attorney's fees, litigation costs, costs of court, and pre-judgment and post-judgment interest under the provisions of the Fair Labor Standards Act of 1938 (FLSA). The Defendants own and operate a number of nursing homes in Texas. Plaintiff worked at one of these nursing homes, Bay Oaks Health Care Center, also known as The Lakes at Texas City, located in Texas City, Texas. Plaintiff was one of Defendants' hourly, non- exempt Licensed Vocational Nurses (LVNs). Through their timekeeping system, Defendants would automatically dock thirty to sixty minutes of time per day from Plaintiff's time, ostensibly for lunch, even though Plaintiff consistently worked through lunch. This illegal policy was not limited to just Plaintiff; it was applied to all of Defendants' LVNs as well as to Defendants' Certified Nursing Assistants (CNAs). The Plaintiff, on behalf of herself and all other similarly situated non-exempt LVNs and CNAs were subjected to Defendants' illegal docking policy. The collective action consists of current and former hourly, non- exempt LVNs and CNAs who worked for Defendants or their subsidiaries in the three years preceding the filing of this suit whose time was illegally docked for lunches they did not take. To the extent Plaintiff, other LVNs and CNAs worked more than forty hours in a week, they are owed time and one-half their regular hourly rate for all time they were forced to work off-the-clock. To the extent they did not work forty hours in every week, under a quantum meruit cause of action, they are entitled to be paid their regular hourly wage for such off the clock work. [BN] The Plaintiff is represented by: Douglas B. Welmaker, Esq. DUNHAM & JONES, P.C. 1800 Guadalupe Street Austin, TX 78701 Telephone: (512) 777 7777 Facsimile: (512) 340 4051 E-mail: doug@dunhamlaw.com AERO PORT: "Aguilar" Suit Seeks Unpaid Wages Under Labor Code ------------------------------------------------------------- TRACY AGUILAR and DETRICK BRACKENS, as individuals and on behalf of all others similarly situated, the Plaintiffs, v. AERO PORT SERVICES, INC., a California Corporation; and DOES 1 through 100, the Defendants, Case No. BC659234 (Cal. Super. Ct., Apr. 26, 2017), seeks to recover unpaid wages, penalties, declaratory relief and restitution under California Business and Professions Code, Labor Code, and Industrial Welfare Commission Wage Order. The Plaintiffs were employed by Defendants as nonexempt employees. Plaintiffs were, and are, victims of Defendants' policies and/or practices complained of herein, lost money and/or property, and have been deprived of the rights guaranteed by Labor Code. The Defendants provide passenger handling and security services at the Los Angeles International airport, providing airlines with aircraft security, wheelchair assistance, baggage transfers and passenger services.[BN] The Plaintiffs are represented by: Paul K. Haines, Esq. Tuvia Korobkin, Esq. Sean M. Blakely, Esq. HAINES LAW GROUP, APC 2274 East Maple Ave. El Segundo, CA 90245 Telephone: (424) 292 2350 Facsimile: (424) 292 2355 E-mail: phaines@haineslawgroup.com tkorobkin@haineslawgroup.com sblakely@haineslawgroup.com ALTAWHID FOOD: "Amastal" Suit Seeks Overtime, Spread-of-Hours Pay ----------------------------------------------------------------- Victor Xochimitl Amastal and Jorge Alberto Flores Rodriguez, individually and on behalf of others similarly situated, Plaintiffs, v. Altawhid Food Supply Inc. (d/b/a The Halal Guys), Mohamed Abouelenein, Abdelbaset Elsayed, And Ahmed Elsaka Defendants, Case No. 1:17-cv-02381, (E.D.N.Y., April 21, 2017), seeks unpaid minimum and overtime wages pursuant to the Fair Labor Standards Act of 1938 and the N.Y. Labor Law, "spread of hours" and overtime wage orders of the New York Commissioner of Labor, including applicable liquidated damages, interest, attorneys' fees and costs. Defendants own, operate, and/or control a Middle Eastern food chain which has a commissary located at 10-02 34th Avenue, Long Island City, New York 11106. Plaintiffs were employed as cooks, dishwasher, stocker and food preparers. Plaintiff is represented by: Michael A. Faillace, Esq. MICHAEL FAILLACE &ASSOCIATES, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Telephone: (212) 317-1200 Facsimile: (212) 317-1620 AMERICAN AIRLINES: "Robinson" Class Suit Removed to W.D. Oklahoma ----------------------------------------------------------------- The class action lawsuit entitled Lynn Robinson and Judith Robinson and all others similarly situated v. American Airlines Inc. d/b/a American Airlines, Case No. CJ-2017-1562, was removed from the Oklahoma County District Court on April 13, 2017, to the U.S. District Court for the Western District of Oklahoma (Oklahoma City). The District Court Clerk assigned Case No. 5:17-cv-00426-F to the proceeding. American Airlines Inc. operates an airline company headquartered in Fort Worth, Texas. [BN] The Plaintiff is represented by: Jeffrey A. Martin, Esq. JEFF MARTIN & ASSOCIATES PC 1611 S Utica Ave., Suite 173 Tulsa, OK 74104 Telephone: (918) 583-4165 Facsimile: (918) 583-4166 E-mail: jm8069337@aol.com The Defendant is represented by: Edward J. Main, Esq. James K. Secrest II, Esq. SECREST HILL & BUTLER 7134 S Yale Ave., Suite 900 Tulsa, OK 74136-6342 Telephone: (918) 494-5905 Facsimile: (918) 494-2847 E-mail: emain@secresthill.com jsecrest@secresthill.com AMERICAN FREIGHT: Faces "Leonard" Suit in Ala. Over Gender Bias --------------------------------------------------------------- SYNETHIA LEONARD, the Plaintiff, v. AMERICAN FREIGHT MANAGEMENT COMPANY, LLC, d/b/a AMERICAN FREIGHT FURNITURE AND MATTRESS, the Defendant, Case No. 2:17-cv-00665-JHE (N.D. Ala., April 25, 2017), alleges that the Defendant has intentionally, and with malice or reckless indifference, discriminated against Plaintiff on the basis of Plaintiff's gender, female, with respect to the terms, conditions and privileges of employment. In September 2013 the Plaintiff applied for a job with American Freight at their Trussville, Alabama, location. At the time, Plaintiff was told by employees at the Trussville location that there were open positions. However the Manager, Bryan, told Plaintiff that there were no open positions and to return in mid-November to put in an application because he would have an open position at that time. On November 15, 2013, Plaintiff returned to American Freight and put in an application for any open position. At this time Plaintiff was again advised by employees at the Trussville location that positions were open. Plaintiff was never contacted or interviewed for any position. An employee of the Trussville location later told Plaintiff that the hiring Manager, Bryan, had stated that he does not hire women because they, "voice their opinions too much and cause problems." American Freight allegedly did not have a single female employee at the Trussville location. Shortly after Plaintiff applied for work with American Freight, the Defendant hired three male employees to fill open positions. Plaintiff was equally, if not more qualified, than the three male individuals who were hired. American Freight is a warehouse-style furniture store that specializes in furniture obtained through dealer cancellations and factory closeouts.[BN] The Plaintiff is represented by: Temple D. Trueblood, Esq. Robert J. Camp, Esq. WIGGINS, CHILDS, PANTAZIS, FISHER & GOLDFARB, L.L.C. The Kress Building 301 19th Street North Birmingham, AL 35203 Telephone: (205) 314 0500 AMERICOLLECT INC: Placeholder Bid for Class Certification Filed --------------------------------------------------------------- In the lawsuit styled ENEIDA JOHNSON, and LEE DEFALICO, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. AMERICOLLECT, INC., the Defendant, Case No. 2:17-cv- 00001-NJ (E.D. Wisc.), the Plaintiffs ask the Court to enter an order certifying a class, appointing the Plaintiffs as class representatives, and appointing Ademi & O'Reilly, LLP as class counsel, and for such other and further relief as the Court may deem appropriate. The Plaintiffs further ask that the Court stay this class certification motion until a second amended motion for class certification is filed, and that the Court grant the parties relief from the local rules' automatic briefing schedule and requirement that Plaintiffs file a brief and supporting documents in support of this 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=3BpBHDPx The Plaintiffs are 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 Fascimile: (414) 482 8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com ANTHEM INC: Sued Over Limited Review of Med. Necessity Requests --------------------------------------------------------------- Karrie D. Small, on her own behalf, and on behalf of all other California residents similarly situated v. Anthem, Inc.; Anthem Holding Corp.; Anthem Blue Cross Life And Health Insurance Company; Anthem Blue Cross Prudent Buyer Plan; Anthem Blue Cross PPO; Anthem UM Services, Inc.; and Does 1 through 100, inclusive, Case No. BC657859 (Cal. Super. Ct., April 14, 2017), alleges that the Defendants engaged in a corporate practice of conducting a limited paper review of medical necessity requests based upon fragmented records and a cursory review of records and that the Defendants' review is carried out by unqualified physicians who do not speak with the patient's healthcare providers, physicians or surgeons, examine the patients, or collect all the relevant records. The Defendants are engaged in a joint venture to collectively operate and conduct the business of providing health insurance. [BN] The Plaintiff is represented by: Conal Doyle, Esq. Stephen Beke, Esq. DOYLE LAW 9401 Wilshire Blvd., Ste. 608 Beverly Hills, CA 90212 Telephone: (310) 385-0567 E-mail: conal@conaldoylelaw.com sbeke@conaldoylelaw.com ANTONIO OTERO: "Munoz-Cano" Seeks Unpaid Wages, Damages ------------------------------------------------------- Alberto Munoz-Cano and all others similarly situated, Plaintiff, v. Antonio Otero, D.D.S., P.A., Dr. Otero Dental Center, P.A., Dental Cosmetics of Florida, Antonio Otero, Teresa Otero, Defendants, Case No. 1:17-cv-21527 (S.D. Fla., April 24, 2017), seeks double damages and reasonable attorney fees from the Defendants, jointly and severally, pursuant to the Fair Labor Standards Act for all minimum wages still owing from Plaintiff's entire employment period with Defendants. The lawsuit further seeks court costs, interest and all other relief. Plaintiff worked for Defendants at their farm as a security guard, overall property maintenance man and tending to customers' purchasing produce. Plaintiff also performed construction and remodeling work for Defendants' properties including their residence, dental offices and shopping center. [BN] The Plaintiff is represented by: Michael A. Faillace, Esq. MICHAEL FAILLACE &ASSOCIATES, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Telephone: (212) 317-1200 Facsimile: (212) 317-1620 BANK OF AMERICA: "Reithel" Sues Over Unfair Collection Scheme ------------------------------------------------------------- Dawn Reithel, an individual, on behalf of herself and those similarly situated, Plaintiff, v. Bank Of America, N.A., Defendant, Case No. 6:17-cv-06253 (W.D. N.Y., April 24, 2017), seeks actual and statutory damages arising from violations of the Fair Debt Collection Practices Act (FDCPA). Bank of America systematically attempts to collect debt that was previously discharged in bankruptcy and ignored the basic requirements of the FDCPA, says the complaint. [BN] The Plaintiff is represented by: Alexander J. Douglas, Esq. GESUND & PAILET, LLC New York Bar No. 5343892 14 Franklin St., Ste. 813 Rochester, NY 14604 Tel: (585) 703-9783 Fax: (504) 265-9492 Email: alex@gp-nola.com BARONHR INC: Bradford Seeks Unpaid Wages Under Labor Code --------------------------------------------------------- VENZEL BRADFORD, an individual, on behalf of himself and all others similarly situated, the Plaintiff, v. BARONHR, INC., a Delaware Corporation; SOLVIS STAFFING SERVICES, INC., a California Corporation; PERSONNEL STAFFING GROUP, LLC, a Florida Limited Liability Company; 99 CENTS ONLY STORES LLC, a California Limited Liability Company; and DOES 1 through 100, the Defendants, Case No. pr. 659235 (Cal. Super. Ct., Apr. 26, 2017), seeks to recover unpaid wages and penalties under California Business and Professions Code, Labor Code, and Industrial Welfare Commission Wage Order No. 7. The Plaintiff has worked for Defendants as a non-exempt employee from approximately March 2016 through approximately October 3, 2016. The Plaintiff's job duties included selecting and wrapping products at a warehouse, which would then be loaded on a truck and delivered to 99 Cents Only Stores throughout California. During Plaintiffs employment with Defendants, Plaintiff routinely worked in excess of 8 hours per workday and/or more than 40 hours per workweek, but did not receive overtime compensation equal to one and one-half times his regular rate of pay for working overtime hours. Specifically, Defendants paid Plaintiff non-discretionary incentive pay, including gain sharing funds, and other forms of pay that cannot be excluded from the regular rate of pay (Incentive Pay). Despite Defendants' payment of Incentive Pay to Plaintiff, Defendants failed to include all forms of Incentive Pay when calculating Plaintiffs regular rate of pay, thereby causing Plaintiff to be underpaid all of his required overtime wages. Rather, Plaintiff was only paid one-and-a-half times (or two times in the case of double-time hours) his base hourly rate, which is not equal to his regular rate, as Defendants failed to include the Incentive Pay earned during corresponding time periods that are required to be included in the regular rate, but are not.[BN] The Plaintiff is represented by: Paul K. Haines, Esq. Tuvia Korobkin, Esq. Sean M. Blakely, Esq. HAINES LAW GROUP, APC 2274 East Maple Ave. El Segundo, CA 90245 Telephone: (424) 292 2350 Facsimile: (424) 292 2355 E-mail: phaines@haineslawgroup.com tkorobkin@haineslawgroup.com sblakely@haineslawgroup.com BAYHEALTH MEDICAL: Ridley Sues over Medical Records Fees -------------------------------------------------------- MARY BETH RIDLEY, on behalf of herself and all others similarly situated, the Plaintiff, v. BAYHEALTH MEDICAL CENTER INC., d/b/a MILFORD MEMORIAL HOSPITAL and KENT GENERAL HOSPITAL, the Defendants, Case No. N17C-04-306 JRJ (Del Super. Ct., Apr. 26, 2017), seeks to recover damages and declaratory relief as a result of Defendant's charges for medical records which constitute unfair, deceptive and illegal practices that violate the Delaware Consumer Fraud Act and other state laws. Bayhealth maintains its patients' medical records either predominantly or entirely in electronic format, yet they force patients to pay exorbitant per-page amounts for copies of those records -- the same amount they charged when the records existed only in paper format. In response to Plaintiff's request for her medical records in electronic format, Bayhealth gave her no choice but to pay per-page rates that are in excess of Bayhealth's labor supply cost. Bayhealth Medical Center operates two hospitals: Bayhealth Kent General in Dover and Bayhealth Milford Memorial in Milford. In addition, it also operates the Bayhealth Emergency Center, Smyrna in Smyrna. Bayhealth Medical Center also operates several outpatient facilities across central and southern Delaware.[BN] The Plaintiff is represented by: Kelly M. Huff, Esq. MURPHY & LANDON 1011 Centre Road, Suite 210 Wilmington, DE 19805 Telephone: (302) 472 8100 - and - John S. Spadaro, Esq. JOHN SHEEHAN SPADARO, LLC 54 Liborio Lane Smyrna, DE 19977 Telephone: (302) 235 7745 BAYLOR SCOTT: "Hall" Sues Over Unpaid Overtime Pay -------------------------------------------------- Oyuki Hall, on behalf of herself and all others similarly situated, Plaintiff, v. Baylor Scott & White Health and Baylor Scott & White Medical Centers Capital Area, Defendants, Case No. 1:17-cv-00362 (W.D. Tex., April 20, 2017), seeks to recover unpaid minimum wages, unpaid overtime compensation, liquidated damages, attorney's fees, litigation costs, costs of court, and pre- judgment and post-judgment interest under the provisions of the Fair Labor Standards Act of 1938. Defendants operate a number of healthcare facilities throughout Texas where Hall worked as receptionist/patient service specialist at their Dallas facility. [BN] The Plaintiff is represented by: Douglas B. Welmaker, Esq. DUNHAM & JONES, P.C. 1800 Guadalupe Street Austin, TX 78701 Tel: (512) 777-7777 Fax: (512) 340-4051 E-Mail: doug@dunhamlaw.com BERKS CREDIT: Faces "Pinckney" Suit in E.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Berks Credit and Collections, Inc. The case is styled as Elisha Pinckney, on behalf of herself individually and all others similarly situated, the Plaintiff, v. Berks Credit & Collections, Inc., the Defendant, Case No. 1:17-cv-02456 (E.D.N.Y., Apr. 25, 2017). Berks Credit is a medical collections agency.[BN] The Plaintiff appears pro se. CAPITAL ONE: Placeholder Motion for Class Certification Filed ------------------------------------------------------------- In the lawsuit captioned JENNIFER GAJEWSKI, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. CAPITAL ONE BANK (USA), N.A., the Defendant, Case No. 2:17-cv-00601-JPS (E.D. Wisc.), Plaintiff asks the Court to enter an order certifying a class, appointing the Plaintiff as its representative, and appointing Ademi & O'Reilly, LLP as its Counsel, and for such other and further relief as the Court may deem appropriate. The Plaintiff further asks that the Court stay this class certification motion until an amended motion for class certification is filed, and that the Court grant the parties relief from the local rules' automatic briefing schedule and requirement that Plaintiff file a brief and supporting documents in support of this 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=e0IhDWCZ 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 Fascimile: (414) 482 8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com CENTRAL DRYWALL: Fails to Pay Employees Overtime, Action Claims --------------------------------------------------------------- Sergio Zuniga, on behalf of himself individually, and all others similarly v. Central Drywall, Inc., Case No. 4:17-cv-01183 (S.D. Tex., April 14, 2017), is brought against the Defendants for failure to pay overtime wages for hours worked above 40 per week. Central Drywall, Inc. is a drywall contractor in Grover Beach, California. [BN] The Plaintiff is represented by: Taft L. Foley II, Esq. THE FOLEY LAW FIRM 3003 South Loop West, Suite 108 Houston, TX 77054 Telephone: (832) 778-8182 Facsimile: (832) 778-8353 E-mail: Taft.Foley@thefoleylawfirm.com COLORADO: Faces "Ryan" Suit Over Civil Rights Act Violation ----------------------------------------------------------- Michael Ryan, Sharon Molina, and Earby Moxon, on behalf of themselves, and all others similarly situated v. Susan E. Birch, in her official capacity only as Executive Director of the Colorado State Department of Health Care Policy and Financing, Case No. 1:17-cv-00904-KLM (D. Col., April 13, 2017), is brought against the Defendant for violation of the Civil Rights Act. Susan E. Birch is the Executive Director of the Colorado State Department of Health Care Policy and Financing. [BN] The Plaintiff is represented by: Mark Silverstein, Esq. Sara R. Neel, Esq. AMERICAN CIVIL LIBERTIES UNION 303 East 17th Street, Suite 350 Denver, CO 80203 Telephone: (303) 777-5482 Facsimile: (303) 777-1773 E-mail: msilverstein@aclu-co.org sneel@aclu-co.org - and - Paul Gregory Karlsgodt, Esq. BAKER & HOSTETLER, LLP 1801 California Street, Suite 4400 Denver, CO 80202 Telephone: (303) 861-0600 Facsimile: (303) 861-7805 E-mail: pkarlsgodt@bakerlaw.com CONCORDE CAREER: McCoy Accuses Wage & Labor Law Violations ---------------------------------------------------------- LISA MCCOY, individually and on behalf of all others similarly situated, the Plaintiff, v. CONCORDE CAREER COLLEGES, INC., a Delaware Corporation, the Defendant, Case No. RG17858015 (Cal. Super. Ct., April 25, 2017), seeks to recover damages for unpaid wages, including premium pay, and unreimbursed business expenses, restitution, statutory penalties, interest, injunctive and other equitable relief, and reasonable attorneys' fees and costs under California Labor Code. The Plaintiff brought the action on behalf of herself and all other similarly situated individuals currently and formerly employed by Concorde Career Colleges, Inc. in the State of California from four years prior to the filing of this Complaint through the trial date as instructors or in a similar capacity. The complaint alleges that the Defendant's violations of California's wage and hour laws and unfair competition law have been ongoing for at least the past four years, and are continuing at present. The Defendant failed to compensate Class Members for time spent performing work-related activities outside of the scheduled instructional sessions; failed to authorize and permit Class Members to take paid rest periods; failed to pay premium pay for missed rest periods; failed to provide Class Members with off- duty meal Periods; failed to pay premium pay for missed meal periods; and failed to pay Plaintiff and formerly employed Class Members all wages due upon termination of their employment. Concorde Career owns and operates post-secondary institutions that offer vocational career training programs in the field of healthcare.[BN] The Plaintiff is represented by: Julian Hammond, Esq. Polina Pecherskaya, Esq. Ar1 Cherniak, Esq. HAMMONDLAW, P.C. 1829 Reisterstown Rd., Suite 410 Baltimore, MD 21208 Telephone: (310) 601 6766 Facsimile: (310) 295 2385 E-mail: jhammond@hamniondIawpc.com ppecherskayai@hammondlawpc.com achemiak@hammondlaw.com CONNECTICUT: Prisoner Files Suit Over ADA Breach ------------------------------------------------ Ometrius Perez, on behalf of himself and all similarly situated prisoners of the Connecticut Department of Correction v. George Jepsen, Office of the Attorney General, and Matthew B. Beizer, Case No. 3:17-cv-00614-VLB (D. Conn., April 13, 2017), is brought against the Defendants for violation of the Americans with Disabilities Act. George Jepsen is the Attorney General for the State of Connecticut. Matthew B. Beizer is the Assistant Attorney General of the State of Connecticut. [BN] Ometrius Perez is a pro se plaintiff. CONFIDE INC: "Auman" Sues Over False Security Claim --------------------------------------------------- Jeremy Auman, individually and on behalf of all others similarly situated, Plaintiff, v. Confide, Inc., Defendant, Case No. 1:17- cv-02848, (S.D.N.Y., April 20, 2017), seeks actual and punitive damages where applicable, restitution, injunctive and other equitable relief, reasonable litigation expenses and attorneys' fees, pre- and post-judgment interest and such further and other relief resulting from fraudulent concealment and violation of New York's Deceptive Practices Law. Confide's proprietary App allows its users to communicate digitally with privacy and security and claims that it is encrypted, ephemeral, and screenshot protected, thus leaving no digital record and copies behind. Confide prevents screenshots from being taken on mobile devices by modifying the functionality of the device so that such an image cannot be taken. However, Defendant failed to inform its customers that their app only worked for the Mac platform and did not give the same security when used with the Windows operating system. Plaintiff is represented by: John C. Re, Esq. KURZMAN EISENBERG CORBIN & LEVER, LLP One North Broadway White Plains, NY 10601 Tel: (914) 285-9800 Fax: (914) 993-6009 Email: jre@kelaw.com - and - Benjamin H. Richman, Esq. EDELSON PC 350 North LaSalle Street, 13th Floor Chicago, IL 60654 Tel: (312) 589-6370 Fax: (312) 589-6378 Email: brichman@edelson.com COOK COUNTY, IL: "Polletta" Suit Seeks Certification of 2 Classes ----------------------------------------------------------------- In the lawsuit titled Nicholas Polletta, individually and for a class, the Plaintiff, v. Thomas Dart, Sheriff of Cook County, and Cook County, Illinois, the Defendants, Case No. 1:16-cv-09492 (N.D. Ill.), the Plaintiff moves the Court to order that the case may proceed as a class action: under Rule 23(b)(2) for: "all Cook County Jail detainees who have been prescribed by a medical provider at the Jail and currently use a crutch, walker, or cane to attend court at Leighton"; and Rule 23(b)(3) for: "all individuals who were prescribed by a medical provider at the Cook County Jail and used either a crutch, walker, or cane to attend court at Leighton from April 25, 2015, to the date of judgment". Nicholas Polletta attends court periodically at Leighton in connection with a criminal case. Plaintiff is substantially limited in the activity of moving from place to place and is prescribed a cane to ambulate to Leighton by the Jail's medical providers. The Plaintiff and the putative class contend that they attend court each month in connection with their underlying criminal case at the Leighton Criminal Courthouse and they are subject to Americans with Disabilities Act of 1990 (ADA) and Rehabilitation Act violations because they must travel up and down steep ramps that violate the ADA Structural Standards. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=kPBwLqmZ The Plaintiff is represented by: Patrick W. Morrissey, Esq. Thomas G. Morrissey, Esq. 10350 S. Western Ave. Chicago, IL. 60643 Telephone: (773) 233 7900 COOK COUNTY, IL: Court Affirms Judgments Suit vs. DEHE ------------------------------------------------------ Justice Mathias W. Delort of the Appellate Court of Illinois, First District, Sixth Division, affirmed the Circuit Court's orders, in the cases captioned DANIEL CUEVAS, Plaintiff-Appellant, v. JOSEPH BERRIOS, in His Official Capacity as Assessor of Cook County; and THE DEPARTMENT OF ERRONEOUS HOMESTEAD EXEMPTION ADMINISTRATIVE HEARINGS, Defendants-Appellees; DANIEL CUEVAS, Plaintiff-Appellee, v. JOSEPH BERRIOS, in His Official Capacity as Assessor of Cook County; MARIA PAPPAS, in Her Official Capacity as Treasurer of Cook County; DENNIS MICHAEL FLEMING, in His Official Capacity as Administrative Law Judge; and THE DEPARTMENT OF ERRONEOUS HOMESTEAD EXEMPTION ADMINISTRATIVE HEARINGS, Defendants- Appellants, Nos. 1-15-1318, 1-16-0602 cons (Ill. App. Ct.) Daniel Cuevas claimed homestead exemptions on 11 different properties which he owned in Cook County. Only one of those properties was his principal residence. On or about May 27, 2014, the assessor sent Cuevas notices of intent to record a tax lien on 11 different properties. Cuevas requested a hearing pursuant to section 9-275(f). On December 4, 2014, after a hearing, the Department of Erroneous Homestead Exemption Administrative Hearings (DEHE) hearing officer issued a written order finding that Cuevas took improper exemptions on the 10 properties at which he did not reside and found him liable under section 9-275. The order resulted in an aggregate amount due of $91,984.85, including taxes, penalties, and interest. On January 6, 2015, Cuevas filed a timely petition for administrative review of the decision (case No. 15 CH 169). As amended, the administrative review complaint alleged that the DEHE's decision was erroneous because, among other reasons, the new lien and collection system could not apply to taxes which became delinquent before the July 16, 2013 effective date of Public Act 98-93. On February 10, 2015, Cuevas filed a second lawsuit (case No. 15 CH 2321) which he framed as a class action to also include similarly affected taxpayers. As amended, the complaint asserted numerous claims against section 9-275, that includes among other things, a violation of state and federal constitutional guarantees of uniform taxation, equal protection, and due process, vagueness, ambiguity and arbitrariness. Like the administrative review lawsuit, it also challenged the law's retroactive effect, noting that the tax years in question all pre-dated the 2013 effective date of the law. The two lawsuits were assigned to different judges and were never consolidated or reassigned in the circuit court. In case No. 15 CH 2321, the class action case, the circuit court upheld the legality of the administrative hearing process and the underlying statute against a host of challenges asserted by Cuevas. Cuevas also filed an administrative review case, No. 15 CH 169. In that case, the circuit court reversed the DEHE's determination that Cuevas was responsible for back taxes for the 2007 tax year. Two appeals followed. Justice Delort affirmed the circuit court's judgment in both cases finding that the DEHE erred when it found that the assessor could collect taxes resulting from an erroneous homestead exemption for the 2007 tax year pursuant to section 9-275. A copy of Justice Delort's opinion dated March 31, 2017, is available at https://goo.gl/wwOJ9Z from Leagle.com. COSTCO WHOLESALE: Court Certified Class Certification in "Backer" ----------------------------------------------------------------- In the lawsuit entitled THE BACKER LAW FIRM, on behalf of itself and all those similarly situated, the Plaintiff, v. COSTCO WHOLESALE CORPORATION, the Defendant, Case No. 15-0327-CV-W-SRB (W.D. Mo.), the Hon. District Judge Stephen R. Bough entered an order granting class certification of: "all persons or entities appearing in the List of Class Members to whom Defendant Costco Wholesale Corporation sent one or more facsimiles promoting its products, services, or memberships between April 2, 2011 and April 2, 2015. Excluded from the class are ABC Business Forms, Inc., Defendant and its officers, directors, and employees, Defendant's counsel, any persons who previously have settled TCPA claims with Defendant, the Court and Court personnel, and counsel for Plaintiff The Backer Law Firm, LLC. The List of Class Members contains information designated by Defendant as confidential and, therefore, has been provided to the Court under seal. The Court's order also: 1. designates The Backer Law Firm, LLC as the Class Representative; 2. appoints Noah K. Wood and Ari N. Rodopoulos of the Wood Law Firm, LLC as Class Counsel; and 3. directs the parties to meet and confer within 21 calendar days of the filing of the Order to agree on the proposed notice to potential class members pursuant to Federal Rule of Civil Procedure 23(c)(2)(B), where notice shall be submitted to the Court within 28 calendar days of the filing of this Order. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=46IyB0Og CREDIT CORP SOLUTIONS: "Peterson" Hits Vague Collections Letter --------------------------------------------------------------- Erika Peterson, individually and on behalf of all others similarly situated, Plaintiff, v. Credit Corp Solutions, Inc., Defendant, Case No. 1:17-at-00340, (E.D. Cal., April 24, 2017), seeks actual and statutory damages, costs and reasonable attorney's fees and such other and further relief for negligent violations of the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act. Credit Corp Solutions is a debt collection company who repeatedly called Plaintiff. Defendant sent a letter to Plaintiff in an attempt to collect an alleged debt originally owed to a third party in the amount of $1,303.65, threatening legal action. Defendant allegedly made misrepresentations as to the nature of the alleged debt, legal status of the alleged debt and services rendered in connection with collection on the alleged debt, among other material misrepresentations. [BN] Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. Meghan E. George, 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 Email: tfriedman@toddflaw.com abacon@toddflaw.com mgeorge@toddflaw.com CRESCENT HOTELS: Faces "Monroy" Suit Over Failure to Pay OT Wages ----------------------------------------------------------------- Ivania N. Monroy, on behalf of herself and all others similarly situated v. Crescent Hotels & Resorts, LLC, 9750 Airport Management, LLC, and DOES 1 through 100, inclusive, Case No. BC658010 (Cal. Super. Ct., April 14, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the California Labor Code. The Defendants operate a hotel management company that maintains a diverse portfolio of hotel assets throughout United States and Canada. [BN] The Plaintiff is represented by: Michael Nourmand, Esq. James A. De Sario, Esq. THE NOURMAND LAW FIRM, APC 8822 West Olympic Boulevard Beverly Hills, CA 90211 Telephone (310) 553-3600 Facsimile (310) 553-3603 DAHAN INVESTMENTS: Faces "Cruz" Suit Over Failure to Pay OT ----------------------------------------------------------- Mayra Cruz, on behalf of herself and others similarly situated v. Dahan Investments Inc. and Does 1 through 50, inclusive, Case No. BC657871 (Cal. Super. Ct., April 14, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the California Labor Code. Dahan Investments Inc. operates an investment company in Los Angeles, California. [BN] The Plaintiff is represented by: David Yeremian, Esq. Roman Shkodnik, Esq. DAVID YEREMIAN & ASSOCIATES, INC. 535 N. Brand Blvd., Suite 705 Glendale, CA 91203 Telephone: (818) 230-8380 Facsimile: (818) 230-0308 E-mail: david@yeremianlaw.com roman@yeremianlaw.com DESI GALLI: "Escamilla" Seeks Overtime, Spread-of-Hours Pay ------------------------------------------------------------ Noe Escamilla, individually and on behalf of others similarly situated, Plaintiff, v. Desi Galli Inc., Second Desi Galli LLC, Priavanda Chouhan, Pria Vanda Patel and Anita Sharmha, Defendants, Case No. 1:17-cv-02936 (S.D.N.Y., April 21, 2017), seeks pursuant to the Fair Labor Standards Act of 1938 and New York Labor Laws, unpaid minimum and overtime wages spread of hours and applicable liquidated damages, interest, attorneys' fees and costs. Desi Galli operates two Indian takeout/restaurants located at 101 Lexington Avenue, New York, NY 10016, and 172 Avenue B, New York, NY 10009, where Escamilla worked as a food preparer, porter and delivery worker. [BN] The Plaintiff is represented by: Michael A. Faillace, Esq. MICHAEL FAILLACE &ASSOCIATES, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Telephone: (212) 317-1200 Facsimile: (212) 317-1620 DIRECT MERCHANTS: "Melingonis" Hit Illegal Telemarketing Calls -------------------------------------------------------------- Christopher Melingonis, Individually and on behalf of all others similarly situated, Plaintiff, v. Direct Merchants Funding, LLC d.b.a. Flash Advance, Defendant, Case No. 3:17-cv-00826, (S.D. Cal., April 24, 2017), seeks damages, injunctive relief, and any other available legal or equitable remedies, resulting from violations of the Telephone Consumer Protection Act. Defendant utilized an automatic telephone dialing system to call the Plaintiff in the attempt to solicit its services. Melingonis registered his cellular phone with the National Do Not Call Registry. Plaintiff is represented by: Joshua Swigart, Esq. Kevin Lemieux, Esq. HYDE AND SWIGART 2221 Camino Del Rio South, Suite 101 San Diego, CA 92108 Telephone: (619) 233-7770 Facsimile: (619) 297-1022 to 26 Email: Josh@westcoastlitigation.com kevin@westcoastlitigation.com - and - Abbas Kazerounian, Esq. KAZEROUNI LAW GROUP, APC 245 Fischer Avenue, Unit D1 Costa Mesa, CA 92626 Telephone: (800) 400-6808 Facsimile: (800) 520-5523 Email: ak@kazlg.com EMPTY WAGON: "Grieb" Sues Over Uncompensated Missed Breaks ---------------------------------------------------------- David Grieb, Individually and on behalf of all similarly situated employees, Plaintiff, v. Empty Wagon Properties Corp. d/b/a Standard Auto Parts Corp., Defendants, Case No. 1:17-cv-01097 (D. Md., April 20, 2017), seeks unpaid wages, treble damages, interest, reasonable attorneys' fees and costs under the Maryland Wage Payment and Collection Law and the federal Fair Labor Standards Act of 1938. Defendant is in the business of distributing and selling auto parts serving repair shops, car dealerships and individual consumers. It serves customers in the Baltimore metropolitan area and owns and operates five stores. Defendant hired Plaintiff as an assistant manager. Grieb claims to have worked in excess of 45 hours weekly and worked through mandated meal/rest periods. The Plaintiff is represented by: Benjamin L. Davis, III, Esq. George E. Swegman (26972) THE LAW OFFICES OF PETER T. NICHOLL 36 South Charles Street, Suite 1700 Baltimore, MD 21201 Phone: (410) 244-7005 Fax: (410) 244-8454 Email: bdavis@nicholllaw.com gswegman@nicholllaw.com EPOCH.COM LLC: Ogunyode Sues Over Wage & Labor Law Violations ------------------------------------------------------------- THEO OGUNYODE, an individual, on behalf of himself and others similarly situated, the Plaintiff, v. EPOCH.COM, LLC, dba EPOCH.COM, a California Limited Liability Company; and DOES 1 through 50, inclusive, Case No. BC658991 (Cal. Super. Ct., Apr. 25, 2017), seeks to recover reimbursement of all necessary employment-related expenses and/or losses incurred by Plaintiffs in direct consequence of the discharge of their duties for Defendants. The Plaintiff was employed by Defendants as a Customer Service Professional (CSP) from October 2014 through February 2017. CSPs are non-exempt employees of Defendants consistent with the California Labor Code and Industrial Welfare Commission Wage Order 4 (Wage Order 4). CSPs' job duty is to attend to the needs of customers in a timely and precise manner. This involves answering incoming calls; chatting with customers through the chat system; and replying to customers' emails. CSPs duties are performed by using a computer which is connected to the internet. CSPs connect a headset to the computer, so that phone calls are also conducted through the computer and the internet. CSPs work from home. Defendants provide CSPs with a laptop computer and a headset. CSPs connect the laptops to the internet at their homes in order to perform their duties. CSPs personally pay for their internet access, but Defendants do not reimburse CSPs for their internet expenses. Additionally, the wage statements given by Defendants to its employees include full and complete social security numbers instead of only the last four digits. Epoch is a global provider of online billing services. It helps businesses process credit cards, debit cards and other payment types. It offers customer service and technical support on the web at all hours of the day.[BN] The Plaintiff is represented by: Eric A. Boyajian, Esq. LAW OFFICES OF ERIC A. BOYAJIAN, APC 12100 Wilshire Blvd., Suite 800 Los Angeles, CA 90025 Telephone: (424) 744 8441 Facsimile: (866) 396 2777 EXPERIAN INFORMATION: Class Cert. Bid Hearing Set for May 18 ------------------------------------------------------------ The Hon. Judge Matthew F. Kennelly entered an order in the lawsuit styled James Boren, et al., the Plaintiff, v. Experian Information Solutions, Inc., the Defendant, Case No. 1:16-cv-10957 (N.D. Ill.), withdrawing the motion to certify class. According to the docket entry made by the Clerk on April 27, 2017, the May 3, 2017 motion hearing date is vacated. Discovery ordered is closed by Sep. 29, 2017. Status hearing is set for May 18, 2017 at 8:45 a.m. A copy of the Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=fqFtwICT EVERGREEN REAL: Faces "Berry" Suit Over Security Deposit Policies ----------------------------------------------------------------- Lottie Berry and Derrick Ownes, individually and on behalf of all others similarly situated v. Evergreen Real Estate Services, LLC, MLK Housing Partners, LP, and Martin Luther King Jr Plaza, Case No. 2017CH05458 (Ill. Cir. Ct., April 14, 2017), is brought against the Defendants for violation of the City of Chicago Residential Landlord and Tenant Ordinance, specifically by failing to disclose the name and address of the financial institution into which the Plaintiffs' and the class' security deposits were deposited; give the Plaintiffs and the class a security deposit receipt at the time of receiving a security deposit payment; provide the Plaintiffs and the class with a copy of the then current RLTO summary, including the separate summary describing the respective rights, obligations, and remedies of landlords and tenants with respect to security deposits, and pay the Plaintiff and the class with interest on their security deposits. The Defendants own and operate hundreds of dwelling units and buildings in Chicago, Illinois. [BN] The Plaintiff is represented by: JS LAW 29 E. Madison Street, Suite 1000 Chicago, IL 60602 Telephone (312) 756-1330 E-mail: jeffs@jsslawoffices.com FASHION FURNITURE: Torres Seeks Unpaid Wages Under Labor Code ------------------------------------------------------------- DANIEL TORRES, an individual, on behalf of himself and all others similarly situated, the Plaintiff, v. FASHION FURNITURE RENTAL, INC., a California Corporation, and DOES 1 through 100, the Defendants, Case No. BC659190 (Cal. Super. Ct., Apr. 26, 2017), seeks to recover unpaid wages and penalties under California Business and Professions, Labor Code, and Industrial Welfare Commission Wage Order No. 7. Plaintiff routinely worked in excess of 8 hours per workday and/or more than 40 hours per workweek, but did not receive overtime compensation equal to one and one-half times his regular rate of pay for working overtime hours. Specifically, Defendants paid Plaintiff non-discretionary incentive pay, including: non- discretionary annual bonuses; safety bonuses; bonuses for making error-free deliveries; commission for selling furniture; and/or other forms of pay not excludable as a matter of law when calculating an employee's regular rate. Despite Defendants' payment of Incentive Pay to Plaintiff, Defendants have failed to include all forms of Incentive Pay when calculating Plaintiffs regular rate of pay, thereby causing Plaintiff to be underpaid all of his required overtime wages. Rather, Plaintiff was only paid one-and-a-half times (or two times in the case of double-time hours) his base hourly rate, which is not equal to his regular rate, as Defendants failed to include the various forms of Incentive Pay earned by Plaintiff during corresponding time periods that are required to be included in the regular rate, but were not. Fashion Furniture Rental provides high-quality furniture, electronics, and housewares.[BN] The Plaintiff is represented by: Paul K. Haines, Esq. Tuvia Korobkin, Esq. Sean M. Blakely, Esq. HAINES LAW GROUP, APC 2274 East Maple Ave. El Segundo, CA 90245 Telephone: (424) 292 2350 Facsimile: (424) 292 2355 E-mail: phaines@haineslawgroup.com tkorobkin@haineslawgroup.com sblakely@haineslawgroup.com FLOWERS FOODS: "Long" Sues Over Unpaid Overtime Wages ----------------------------------------------------- Steven Long, on behalf of himself and all other similarly situated employees, Plaintiffs, v. Flowers Foods, Inc.; Flowers Baking Co. Of Morristown, LLC and Flowers Baking Co. of Knoxville, LLC, Defendants, Case No. 3:17-cv-00724 (M.D. Tenn., April 20, 2017), seeks unpaid overtime compensation, liquidated damages, interest and attorneys' fees and costs pursuant to the Fair Labor Standards Act. Defendants jointly operate a bakery chain where Plaintiff worked as a distributor, delivering baked goods to their customers primarily grocery stores, mass retailers and fast food chains. [BN] The Plaintiff is represented by: Michael L. Russell, Esq. Emily S. Emmons, Esq. GILBERT RUSSELL McWHERTER SCOTT BOBBITT PLC 341 Cool Springs Blvd, Suite 230 Franklin, TN 37067 Telephone: (615) 354-1144 Email: mrussell@gilbertfirm.com eemmons@gilbertfirm.com - and - Michael L. Weinman, Esq. WEINMAN THOMAS LAW FIRM 112 S. Liberty Street, Suite 321 P.O. Box 266 Jackson, TN 38302 Tel: (731) 423-5565 Email: mike@weinmanthomas.com FRIENDLY HOME: Sued Over Failure to Pay Employees Overtime Wages ---------------------------------------------------------------- Lyudmyla Konstantynovska, individually and on behalf of all other persons similarly situated who were employed by Friendly Home v. Friendly Home Care Inc., Case No. 153500/2017 (N.Y. Sup. Ct., April 14, 2017), is brought against the Defendants for failure to pay proper hourly compensation for all hours worked, overtime compensation for all hours worked in excess of 40 hours in any given week, and "spread of hours" compensation. Friendly Home Care Inc. is primarily engaged in providing nursing and home health aide services at the residences of its clients. [BN] The Plaintiff is represented by: Lloyd R. Ambinder, Esq. LaDonna M. Lusher, Esq. Milana Dostanitch, Esq. VIRGINIA & AMBINDER, LLP 40 Broad Street, 7th Floor New York, NY 10004 Telephone: (212) 943-9080 E-mail: lambinder@vandallp.com llusher@vandallp.com mdostanitch@vandallp.com G1 TOWING: Faces "Mercer" Suit Over Failure to Pay Overtime ----------------------------------------------------------- Jazmeen Mercer, an individual, and MOES 1 through 1,000, individually and on behalf of all others similarly situated v. G1 Towing Corp., G1 Towing Sacramento, Inc., d/b/a G1 Towing Corp., Raul Garcia, Douglas Garcia, Ericka Garcia, Does 1-100, inclusive, Case No. BC65786G (Cal. Super. Ct., April 14, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the California Labor Code. The Defendants own and operate a towing company in Los Angeles, California. [BN] The Plaintiff is represented by: David G. Jones, Esq. Alex V. Vo, Esq. SANTIAGO & JONES 21300 Victory Blvd., Suite 810 Woodland Hills, CA 91367 Telephone: (818)657-5600 Facsimile: (818) 657-5605 E-mail: Djones@santiagojoneslaw.com Avo@santiagojoneslaw.com GENVEC INC: "Pillai" Class Suit Challenges Intrexon Merger ---------------------------------------------------------- SIVARAMAN PILLAI, Individually and on Behalf of All Others Similarly Situated, 19 Crumlin Cres Brampton, ON, L6X OY4, Canada, the Plaintiff, v. GENVEC, INC. SERVE ON: Douglas J. Swirsky 910 Clopper Road, Suite 220N Gaithersburg, MD 20878 (Montgomery County); WAYNE T. HOCKMEYER c/o GenVec, Inc., 910 Clopper Road, Suite 220N Gaithersburg, MD 20878 (Montgomery County); WILLIAM N. KELLEY c/o GenVec, Inc., 910 Clopper Road, Suite 220N Gaithersburg, MD 20878 (Montgomery County); STEFAN D. LOREN, 910 Clopper Road, Suite 220N Gaithersburg, MD 20878 (Montgomery County); QUINTEROL J. MALLETTE c/o GenVec, Inc., 12111 Parklawn Drive Rockville, MD 20852 MICHAEL RICHMAN c/o GenVec, Inc., 12111 Parklawn Drive Rockville, MD 20852; MARC R. SCHNEEBAUM, 910 Clopper Road, Suite 220N, Gaithersburg, MD 20878 (Montgomery County); and DOUGLAS J. SWIRSKY, 910 Clopper Road, Suite 220N Gaithersburg, MD 20878 (Montgomery County), the Defendants, Case No. 8:17-cv-01143-PJM (D. Md., April 25, 2017), is a shareholder class action brought by Plaintiff, on behalf of himself and other holders of the common stock of GenVec, Inc. against GenVec and GenVec's Board of Directors, for their violations of Sections 14(a) and 20(a) of the Securities Exchange Act of 1934 (the "Exchange Act") in connection with the proposed merger between GenVec and Intrexon Corporation through Intrexon GV Holding, Inc. On January 24, 2017, Defendants announced that they had entered into a definitive agreement under which GenVec stockholders will receive 0.297 of a share of Intrexon common stock in exchange for each share of GenVec common stock. This exchange ratio represents $7.00 per share of GenVec's common stock based on Intrexon's 5-day volume weighted average price as of January 23, 2017. GenVec stockholders will also receive a right to contingent consideration equal to 50% of any milestone or royalty payments received within 36 months after the closing of the transaction under GenVec's Research Collaboration and License Agreement with Novartis. Pursuant to the Agreement and Plan of Merger, dated December 12, 2016 (Merger Agreement), Merger Sub will merge with and into GenVec, with GenVec surviving as a wholly-owned subsidiary of Intrexon (Proposed Transaction). Based on Intrexon's stock closing price of $22.09 on January 23, 2017, the last trading day prior to the public announcement of the Proposed Transaction, the implied value of the merger consideration (not including any payments with respect to any contingent payment rights) was $6.56 per share. However, since that time, Intrexon's stock price has fallen, closing as low as $18.93 on March 23, 2017, which represents an implied merger consideration value of only $5.62 per share. That same day, the Company's stock price closed at $6.00 per share, representing a $0.38 per share premium to the implied merger consideration. The Board failed to negotiate for a collar that would protect GenVec's stockholders from this foreseeable decline in Intrexon's stock price. To induce stockholders to vote in favor of the Proposed Transaction, on March 17, 2016, in violation of Sections 14(a) and 20(a) of the Exchange Act and Rule 14a-9, Defendants filed, or caused to be filed, a materially false and/or misleading Registration Statement on Form S-4, which was amended on April 21, 2017 with the U.S. Securities and Exchange Commission. Among other things, the Registration Statement contains the unanimous recommendation of the Board that GenVec shareholders vote "for" the proposal to adopt the Merger Agreement. However, the Proxy misrepresents and omits material information. GenVec is a clinical-stage biopharmaceutical company with an entrepreneurial focus on leveraging its AdenoVerse gene delivery platform to develop a pipeline of cutting-edge therapeutics and vaccines. The Company is a pioneer in the design, testing and manufacture of adenovectored product candidates that can deliver on the promise of gene-based medicine.[BN] The Plaintiff is represented by: Yelena Trepetin, Esq. Charles J. Piven, Esq. BROWER PIVEN 1925 Old Valley Road Stevenson, MD 21153 Telephone: (410) 332 0030 Facsimile: (410) 685 1300 E-mail: piven@browerpiven.com trepetin@browerpiven.com - and - Juan E. Monteverde, Esq. MONTEVERDE & ASSOCIATES PC The Empire State Building 350 Fifth Avenue, Suite 4405 New York, NY 10118 Telephone: (212) 971 1341 E-mail: jmonteverde@monteverdelaw.com GOLDEN WEST: "Sagredo" Suit Seeks Unpaid Wages Under Labor Code --------------------------------------------------------------- JOSE SAGREDO, on behalf of himself and all others similarly situated, the Plaintiffs, v. GOLDEN WEST SECURITY INC., a California corporation; and DOES 1 through 50, inclusive, the Defendant, Case No. BC659210 (Cal. Super. Ct., April 25, 2017), seeks payment of unpaid wages, including minimum wage and overtime pay, payment for missed meal and rest periods, penalties for failure to provide accurate wage statements, reimbursement of unpaid business expenses, waiting time penalties, attorneys' fees, interest, and costs pursuant to the Labor Code. According to the complaint, within the last four years and as recently as April 2017, Plaintiff worked for Defendants as a Security Officer, and in doing so earned wages and overtime wages that were not paid by Defendants. During his employment with Defendants, Plaintiff also was not compensated for missed rest breaks and meal periods that he was not provided within the first five hours of his work shift. During his employment with Defendants, Plaintiff also received improper itemized wage statements that, for example, fail to accurately identify the gross wages earned, total hours worked, the net wages earned and all applicable hourly rates. During his employment with Defendants, Plaintiff also incurred reasonable business expenses for the maintenance of uniforms while discharging his employment duties for Defendants without being reimbursed for such expenses.[BN] Golden West is a security company in Santa Clarita Valley., California. The Plaintiff is represented by: Joseph R. Becerra, Esq. BECERRA LAW FIRM 4014 Long Beach Boulevard, Suite 300 Long Beach, CA 90807 Telephone: (213) 542 8501 Facsimile: (213) 542 5556 E-mail: jbecerra@jrbecerralaw.com - and - William O. Kampf, Esq. LAW OFFICE OF WILLIAM O. KAMPF 4014 Long Beach Boulevard, Suite 300 Long Beach, CA 90807 Telephone: (310) 948 0715 Facsimile: (310) 494 9481 E-mail: william@woklaw.com GREEN ISLE: "Garcia" to Recover Unpaid Min., OT Wages ----------------------------------------------------- Carlos Noe Garcia and Vicente Suazo Garcia, on behalf of themselves and others similarly situated, Plaintiff, v. Green Isle Contracting, Inc. and Desmond Costello, Defendants, Case No. 2:17- cv-02391 (E.D. N.Y., April 21, 2017), seeks to recover unpaid minimum wages, unpaid overtime compensation, liquidated damages, prejudgment and post-judgment interest and attorneys' fees and costs under the provisions of the Fair Labor Standards Act of 1938 and New York Labor Laws. Plaintiffs worked as construction workers/laborers for Defendants' contracting business located at 36 Cherry Lane, Floral Park, New York 11001. [BN] The Plaintiff is represented by: Justin Cilenti, Esq. Peter H. Cooper, Esq. CILENTI & COOPER, PLLC 708 Third Avenue, 6th Floor New York, NY 10017 Tel: (212) 209-3933 Fax: (212) 209-7102 HEALTH ALLIANCE: Williams Alleges Wage & Labor Law Violation ------------------------------------------------------------ TONYA DENISE WILLIAMS and DOREEN VAN BUREN, individually and on behalf of all others similarly situated, the Plaintiff, v. HEALTH ALLIANCE PLAN OF MICHIGAN, the Defendant, Case No 2:17-cv-11336- DML-SDD (E.D. Mich., Apr. 26, 2017), seeks to recover all available relief under the Fair Labor Standards Act of 1938 (FLSA). Plaintiffs allege that although Defendant classified them as "exempt" under the FLSA, they were in fact "non-exempt" employees for purposes of the FLSA and were not paid overtime wages when they worked over 40 hours in a week. Health Alliance offers health insurance plans to individuals, companies, and organizations in Michigan.[BN] The Plaintiffs are represented by: David M. Blanchard, Esq. Daniel C. Tai, Esq. BLANCHARD & WALKER, PLLC 221 N. Main Street, Suite 300 Ann Arbor, MI 48104 Telephone: (734) 929 4313 E-mail: blanchard@bwlawonline.com tai@bwlawonline.com HITACHI AMERICA: "Lear" Suit Seeks Unpaid Wages, Damages -------------------------------------------------------- Carol Lear, on behalf of herself and all others similarly situated, Plaintiff, v. Hitachi America, Ltd., Defendant, Case No. 5:17-cv-00186, (E.D. Ky., April 24, 2017), seeks compensation for all unpaid and underpaid wages, liquidated damages, litigation costs, expenses and attorneys' fees under the Fair Labor Standards Act and applicable Kentucky Wage Statutes. Hitachi America, Ltd. is a manufacturing company headquartered in Tarrytown, Westchester County, New York, with 16 production facilities across the United States. Lear is a Production Supervisor who works for Hitachi in its Berea, Kentucky production facility. She supervises the Sub-assembly/B-stops department, which assembles automotive valves. Plaintiff is represented by: J. Chris Sanders, Esq. CHRIS SANDERS LAW PLLC 517 West Ormsby Avenue Louisville, KY 40203 Telephone: (502) 814-0094 Email: csanders@chrissanderslaw.com - and - David W. Garrison, Esq. Scott P. Tift, Esq. Joshua A. Frank, Esq. BARRETT JOHNSTON MARTIN &GARRISON, LLC Bank of America Plaza 414 Union Street, Suite 900 Nashville, TN 37219 Telephone: (615) 244-2202 Facsimile: (615) 252-3798 Email: dgarrison@barrettjohnston.com stift@barrettjohnston.com jfrank@barrettjohnston.com HOLLYWOOD PANTAGES: Sued Over Misleading Flex Package Sale ---------------------------------------------------------- Sanjay Bansal, individually and on behalf of themselves and all others similarly situated v. The Hollywood Pantages Theatre, NED Pan, Inc., NED, Inc., James Nederlander, Inc., Nederlander West Coast, LLC, The Nederlander Organization, Inc. and Does 1-100, Case No. BC657759 (Cal. Super. Ct., April 14, 2017), arises out of the Defendants' misleading business practices with respect to the advertising and sale of its "Flex Package' Season Tickets for the 2016-2017 Season at The Hollywood1 Pantages Theatre. According to the complaint, the Defendants advertised and sold the Flex Package to the Plaintiff and other consumers with the marketing and advertising that leads a reasonable consumer to believe that if he or she purchased a Flex Package, that consumer would have priority access to purchase tickets to the hit Broadway musical "Hamilton", when in reality, the Defendants had no intention of allowing Flex Package consumers priority access to purchase tickets to the Hamilton Musical. The Hollywood Pantages Theatre, formerly known as RKO Pantages Theatre, is located at Hollywood and Vine, in Hollywood. Designed by architect B. Marcus Priteca, it was the last theater built by the vaudeville impresario Alexander Pantages. The Defendants all own, operate, lease, manage, conduct business in, and control the property. [BN] The Plaintiff is represented by: George G. Braunstein, Esq. Clark Anthony Braunstein, Esq. Annie Berlin, Esq. BRAUNSTEIN & BRAUNSTEIN, P.C. 11755 Wilshire Boulevard, Suite 2140 Los Angeles, CA 90025 Telephone: (310) 914-4999 Facsimile: (310) 914-4996 E-mail: Clarkbraunstein@gmail.com IGC PROTECTION: "Johnson" Labor Suit Claims Seeks Overtime Pay -------------------------------------------------------------- Devon Johnson, Plaintiff, v. IGC Protection, Inc. and Jacob A. Austin, Defendants, Case No. 3:17-cv-00731 (M.D. Tenn., April 20, 2016), seeks compensation for all unpaid and underpaid wages, prejudgment interest, liquidated damages, litigation costs, expenses, attorneys' fees and such other and further relief under the Fair Labor Standards Act. Plaintiff files this lawsuit on his own behalf as well as for and on behalf of all other similarly situated individuals working for Defendants on security details and traffic control assignments who did not receive any compensation for hours worked in excess of forty hours per week. Defendants provide personnel for its client's security details and traffic control assignments on roadway construction zones and events on public streets. The Plaintiff is represented by: Charles P. Yezbak, III, Esq. YEZBAK LAW OFFICES 2002 Richard Jones Road, Suite B-200 Nashville, TN 37215 Tel: (615) 250-2000 Fax: (615) 250-2020 Email: yezbak@yezbaklaw.com ILLINOIS CENTRAL: Sued Over Alleged Racial Discrimination --------------------------------------------------------- Celia L. Warr-Hightower, individually and on behalf of all others similarly situated v. Illinois Central College, Case No. 1:17-cv- 01153-JBM-JEH (C.D. Ill., April 14, 2017), arises from the Defendant's ongoing pattern and practice of racial discrimination and knowingly employing campus-wide policies and practices that are intentionally discriminatory and have a disparate impact on African Americans. Illinois Central College is an Illinois Community College located in East Peoria, Illinois. [BN] The Plaintiff is represented by: J. Bryan Wood, Esq. THE WOOD LAW OFFICE, LLC 303 W. Madison Street, Suite 2650 Chicago, IL 60606 Telephone: (312) 554-8600 Facsimile: (312) 577-0749 E-mail: bryan@jbryanwoodlaw.com - and - Linda D. Friedman, Esq. Suzanne Bish, Esq. Matthew J. Singer, Esq. STOWELL & FRIEDMAN, LTD. 303 W. Madison, Suite 2600 Chicago, IL 60606 Telephone: (312) 431-0888 Facsimile: (312) 431-0228 E-mail: lfriedman@sfltd.com sbish@sfltd.com msinger@sfltd.com JUDLAU CONTRACTING: Herman Alleges Wage & Labor Law Violation ------------------------------------------------------------- RACHEL HERMAN, RENDA GREENHILL, and RANDY WILKINS, Individually and on Behalf of the Putative Class Members, the Plaintiffs, v. +JUDLAU CONTRACTING, INC., the Defendant, Case No. 652249/2017 (N.Y. Sup. Ct., Apr. 26, 2017), seeks to recover unpaid prevailing wages, daily overtime and supplemental benefits which they and members of the putative Class were entitled to receive for work they performed pursuant to contracts entered into between Defendant and public entities, including but not limited to, New York City Department of Transportation and New York City Department of Design and Construction. The Plaintiffs also bring a claim for Defendant's failure to provide them with proper wage notices, pursuant to New York Labor Law. The Plaintiffs are flaggers who worked for Defendant on various public and private projects throughout New York City. For their work, Defendant paid Plaintiffs an hourly rate that did not include prevailing wages or supplemental benefits when they performed work on public projects, including New York City roadways. Judlau Contracting provides construction and engineering solutions. The Company provides services for the development of highways, subways, and tunnels.[BN] The Plaintiffs are represented by: Brent E. Pelton Taylor B. Graham Alison L. Mangiatordi PELTON GRAHAM LLC 111 Broadway, Suite 1503 New York, NY 10006 Telephone: (212)385-9700 KASS MANAGEMENT: Gerbush Sues over Utility Processing Fee --------------------------------------------------------- GLEN GERBUSH and CHRISTOPHER SUK, individually and on behalf of all others similarly situated, the Plaintiff, v. KASS MANAGEMENT SERVICES, INC., the Defendant, Case No. 2017CH06016 (Ill. Cir. Ct., Apr. 26, 2017), seeks to enjoin Defendant and/or its agents or affiliates from entering his apartment without first providing the notice required by Residential Landlord Tenant Ordinance (RLTO). The case is a consumer class action based upon Defendant's violationd of the Illinois Consumer Fraud and Deceptive Business Practices Act. The Plaintiffs allege breach of contract, accounting and violations of the Chicago RLTO Municipal Code. The Defendant illegally imposed a "Utility Processing Fee"; illegally imposed wastewater charges; refused to account for water and wastewater charges; failed to provide promised internet service; and illegally entered apartments. Additionally, Gerbush alleges an individual claim for unlawful entry pursuant to RLTO. Kass Management is a full service property management company.[BN] The Plaintiff is represented by: Paul F. Markoff, Esq. Karl G. Leinberger, Esq. MARKOFF LEINBERGER LLC 134 N LaSalle St Ste 1050 Chicago, IL 60602 Telephone: (312) 726 4162 Facsimile: (312) 674 7272 E-mail: paul@markleinlaw.com KC TRANSPORT: "Underwood" Suit Seeks Unpaid OT Wages Under FLSA --------------------------------------------------------------- ANGELA UNDERWOOD, individually and on behalf of others similarly situated, the Plaintiff, v. KC TRANSPORT, INC, dba KC TRANSPORT OF WEST VIRGINIA, INC., A West Virginia Corporation, and KENNY COMPTON, A West Virginia Resident, the Defendants, Case No. 2:17- cv-02522 (S.D. W.Va., Apr. 26, 2017), seeks to recover unpaid overtime wages pursuant to the Fair Labor Standards Act (FLSA). Defendants have treated Plaintiff as an exempt employee, have paid her salary, and have not paid her overtime pay to which she was entitled. The Defendants are coal hauling company operating on several mining sites throughout West Virginia.[BN] The Plaintiff is represented by: Mark L. French, Esq. THE LAW OFFICE OF MARK L. FRENCH, PLLC The Morrison Building 815 Quarrier Street, Suite 208 Charleston, WV 25301 Telephone: (304) 720 6220 Facsimile: (304) 720 6221 E-mail: mark@markfrench.com LA PARTYWORICS: Sued Over Failure to Properly Pay Workers --------------------------------------------------------- Marco Carrillo, on behalf of himself and all others similarly situated v. Los Angeles Partyworics, Inc., and Does 1-50, inclusive, Case No. BC657864 (Cal. Super. Ct., April 14, 2017), arises out of the Defendants' policies and practices of misclassifying the Plaintiff and proposed Class members as independent contractors instead of employees; failing to authorize and permit them to take meal and rest breaks; failing to compensate them for all hours worked; failing to pay them minimum wage; fading to pay them overtime and double time wages; failing to provide accurate wage statements; failing to timely pay the Plaintiff and proposed Class members full wages upon termination or resignation; and failing to reimburse them for necessary business expenses. Los Angeles Partyworics, Inc. is a party vendor which produces and supplies equipment for special events. [BN] The Plaintiff is represented by: Carolyn Hunt Cottrell, Esq. Keenan L. Klein, Esq. SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 Emeryville, CA 94608 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 E-mail: ccottrell@schneiderwallace.com LOS ANGELES COUNTY: "Gordon" Action Claims Overtime Pay ------------------------------------------------------- Daniel Gordon, Steven P. Arnold, Randy D. Brown, Greg A. Dahlmeier, Michael D. Jackson, Russell Koshimizu, Brian Nicholson, Kevin Paulson, John A. Quiroz, Glenn D. Smith, Plaintiffs, v. County of Los Angeles, Case 2:17-cv-03044 (C.D. Cal., April 22, 2017), seeks a complete and accurate accounting of all the compensation to which each plaintiff is entitled to; monetary damages in the form of back pay compensation; liquidated damages equal to his/her unpaid compensation, plus pre-judgment and post- judgment interest, reasonable attorneys' fees and the costs and disbursement of this action, and such other and further relief under the Fair Labor Standards Act. Plaintiffs worked as arson/fire investigators for the Los Angeles County Fire Department. They claim that the county has failed and refused to provide them with overtime compensation for time worked above 147 hours in a 24-day work period. Plaintiffs bring this action on behalf of themselves and other similarly situated employees or former employees of the Los Angeles County Fire Department. Plaintiff is represented by: Thomas A. Woodley. Esq. Diana J. Nobile. Esq. William W. Li, Esq. WOODLEY & McGILLIVARY LLP 1101 Vermont Avenue, N.W., Suite 1000 Washington, DC 20005 Phone: (202) 833-8855 Fax: (202) 452-1090 Email: taw@wmlaborlaw.com djn@wmlaborlaw.com wwl@wmlaborlaw.com - and - Lester G. Ostrov, Esq. LESTER G. OSTROV, PROFESSIONAL CORP. 5757 Wilshire Blvd., Penthouse 5 Los Angeles, CA 90036 Telephone: (323) 424-3440 Facsimile: (323) 424-3468 Email: lostrov@lgolaw.com LOS DORADOS: "Melo" Suit Seeks Unpaid Wages, OT Under FLSA ---------------------------------------------------------- Luis Alberto Melo, individually and on behalf all other employees similarly situated, the Plaintiff, v. Los Dorados Cargo, Inc. d/b/a Los Dorados Cargo, Los Dorados Logistics, Corp., d/b/a Los Dorados Logistics, Oscar Russi, and Selena Russi, the Defendants, Case No. 1:17-cv-02486 (E.D.N.Y., April 28, 2017), seeks to recover unpaid minimum wages, unpaid overtime wages, liquidated damages, prejudgment and post-judgment interest; and attorneys' fees and costs pursuant to the Fair labor Standards Act (FLSA) and the New York Labor Law (NYLL). Defendants have willfully and intentionally committed widespread violations of the FLSA and NYLL by engaging in a pattern and practice of failing to pay their employees, including Plaintiff, compensation for all hours worked, minimum wage, and overtime compensation for all hours worked over 40 each workweek. The Defendant is a freight cargo logistics company.[BN] The Plaintiff is represented by: Paul Mendez, Esq. HANG & ASSOCIATES, PLLC. 136-18 39th Ave., Suite 1003 Flushing, NY 11354 Telephone: (718) 353 8522 E-mail: pmendez@hanglaw.com LOS DORADOS: "Galvis" Seeks to Recover Unpaid Wages --------------------------------------------------- Amalia Galvis, on behalf of herself, and others similarly situated, Plaintiff, v. Los Dorados Cargo, Inc. and Oscar Russi, Defendants, Case No. 1:17-cv-02390 (E.D. N.Y., April 21, 2017), seeks to recover unpaid minimum wages, unpaid overtime compensation, liquidated damages, prejudgment and post-judgment interest and attorneys' fees and costs under the provisions of the Fair Labor Standards Act of 1938 and the New York State Wage Theft Prevention Act. Defendants employed Plaintiff at multiple locations in Queens County, New York, to work as a non-exempt cashier/customer service attendant for Defendants' money exchange and transfer business from early 2013 until November 2016. [BN] The Plaintiff is represented by: Justin Cilenti, Esq. Peter H. Cooper, Esq. CILENTI & COOPER, PLLC 708 Third Avenue, 6th Floor New York, NY 10017 Tel: (212) 209-3933 Fax: (212) 209-7102 MADISON SQUARE: Violates Fair Credit Reporting Act, Millien Says ---------------------------------------------------------------- CLINT MILLIEN, individually and on behalf of all others similarly situated, the Plaintiff(s), v. THE MADISON SQUARE GARDEN COMPANY and MSGN HOLDINGS, L.P., the Defendant(s), Case No. 652225/2017 (N.Y. Sup. Ct., Apr. 26, 2017), seeks to recover statutory and/or actual damages; exemplary and punitive damages; pre-judgment and post-judgment interest; and reasonable attorneys' fees, costs, and expenses as a result of Defendants violation of the Fair Credit Reporting Act (FCRA), and New York State Fair Credit Reporting Act (NY FCRA). Mr. Millien sought employment at MSG. He was qualified for the job, made a conditional offer of employment and subjected to MSG's background check process. MSG routinely allegedly rejects job applicants based on information contained in background check reports (consumer reports) that it obtains from consumer reporting agencies (CRAs) without providing those individuals with copies of their consumer reports, a statement of rights under the FCRA, or a copy of Article 23-A of the New York Correction Law (Correction Law). MSG's failure to provide these documents violates FCRA, which renders illegal the use of consumer reports to make adverse employment decisions without the employer first providing the individual who is the subject of the report with sufficient and timely notification of its intent to take an adverse action, a copy of the report, and a summary of rights under the FCRA, which requires that employers provide individuals with a copy of Article 23-A of the Correction Law when a consumer report has been procured on them. MSG has willfully violated the provision of the FCRA and NY FCRA. Madison Square Garden Company is an American sports and entertainment holding company based in New York City.[BN] The Plaintiff is represented by: Ossai Miazad, Esq. Lewis M. Steel, Esq. Christopher M. McNerney, Esq. Chauniqua D. Young, Esq. OUTTEN & GOLDEN LLP 685 Third Avenue, 25th Floor New York, NY 10017 Telephone: (212) 245 1000 Facsimile: (646) 509 2060 MAINE: Counties Sued Over Exorbitant Process Fee Payments --------------------------------------------------------- Carey & Associates, P.A., George Shaw, Both Class representatives, individually and on behalf of all others similarly situated, Plaintiffs, v. Sheriffs & Counties of: Oxford County, Cumberland County, Aroostook County, Hancock County, Kennebec County, Knox County, Lincoln County, Penobscot County, Sagadahoc County, Somerset County, Waldo County, York County, Androscoggin County, Franklin County, Piscataquis County, Washington County, Defendants, Case No. 2:17-cv-00144, (D. Me., April 20, 2017), seeks monetary, declaratory and injunctive relief, and to recover as restitution, civil service of process fee payments and overpayments made from at least the year 2000 as a result of Defendants' unlawful scheme involving the exorbitant and unconscionable service fees that include the non-pro rating of mileage for service of civil service papers by its deputies in violation of the Maine Unfair Trade Practices Act, Sherman Act and the Clayton Act. Defendant are sheriffs who are accused of price-gouging that constitutes an illegal coercive monopoly and profiteering scheme by eliminating the employ of lay persons to serve process for plaintiffs and their attorneys across the state of Maine, thus over-charging the citizen tax payers of their respective counties that ironically were already paying their salaries and costs. Plaintiff is represented by: Seth T. Carey, Esq. CAREY LAW 114 Congress Street P.O. Box 100 Rumford, ME 04276 Tel: (207) 364-3190 Fax: (207) 364-3190 MASON MANAGEMENT: "Mahmood" Sues Over Excessive Rent Rate --------------------------------------------------------- Mayra Mahmood, Anthony Cimino, Ralph Porr, C.E. Monden, Mark Tadros, Margot Ross, Kimberley Garrett, P.G. Lyne, J.M. Lumpkin, Larry Bennett, Wendy Bennett, Luna Alarcon, Alexis Barber-Davis, Alex Dryden, Stephenie Futch, Filomena Reyes, Melissa Abler, Rama Ndiaye, Eric Rochman, Shelley Ohmes, Eric Franklin, Frankshell Machua, Giovanni Andollo, Nicole Augstein, Cali Hersh, Len Gutman, Karen Schroeder, Dan Davenport, Ruyi Jiao, Emily Hochberg, Michelle Coursey, Matthew Karl Gale, William Preston Grubbs, Yuriy Vaskevich, Benjamin Brown, Kristina Cappuccilli, Syed Raza Rizvi, Eoghan McNulty, Roisin McNulty, Catherine Hatten, Denise Aquino, Alessandra Simeone, Jillian Chase, Cassondra Puls, Neha Savant, Samuel Goodspeed, Jon Williams, Robert Carr, Giovanni Cassinelli, Ousman Laast, Andrew Martin, Nari Bowie, Fadia Abdel Qader, Jose Valdez, Amanda Watermeyer, Rachael Willoughby, Jordan Shipley, Yana Anjudinova, and Igor Borodyansky, on behalf of themselves and all others similarly situated, Plaintiffs, v. Mason Management Services Corp., d/b/a Stellar Management, Laurence Gluck and XYZ Corp. 1-99, Case No. 153574/2017 (N.Y. Sup., April 18, 2017), seeks damages, injunctive relief, treble damages and attorneys' fees for violation of the New York Rent Stabilization Code. Stellar Portfolio comprises multiple apartment buildings, primarily in Upper Manhattan, and the Lower East Side where Plaintiffs are tenants. Plaintiffs accuse Stellar of illegally increasing rent rates. The Plaintiff is represented by: Lucas A. Ferrara, Esq. Jarred I. Kassenoff, Esq. Roger A. Sachar Jr., Esq. NEWMAN FERRARA LLP 1250 Broadway, 27th Floor New York, NY 10001 Tel: (212) 619-5400 Email: lferrara@nfllp.com ikassenoff@nfllp.com rsachar@nfllp.com MDL 2724: Suit by Teamsters Local 727 Transferred to E.D. Pa. ------------------------------------------------------------- The class action lawsuit titled Teamsters Local Union No. 727 Health & Welfare Fund and NECA-IBEW Welfare Trust Fund, the Plaintiffs, v. Mylan, Inc.; Taro Pharmaceutical Industries Ltd.; Taro Pharmaceutical USA, Inc.; Sandoz, Inc.; Mylan N.V.; Mylan Pharmaceutical Inc.; and Novartis AG, Case No. 3:17-cv- 01124-CMR (filed Jan. 1, 2017), was transferred on April 26, 2017, from the U.S. District Court for the District of Puerto Rico, to the U.S. District Court for the Eastern District of Pennsylvania. The District Court Clerk assigned Case No. 2:17-cv-01911-CMR to the proceeding. The Teamsters Local case is being consolidated with MDL 2724 in re: Generic Pharmaceuticals Pricing Antitrust Litigation. The MDL was created by Order of the United States Judicial Panel on Multidistrict Litigation on April 18, 2017. It appears that the action(s) on this conditional transfer order involve questions of fact that are common to the actions previously transferred to the Eastern District of Pennsylvania and assigned to Judge Rufe. Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. par. 1407 to the Eastern District of Pennsylvania for the reasons stated in the order of August 5, 2016, and, with the consent of that court, assigned to the Honorable Cynthia M. Rufe. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Eastern District of Pennsylvania. The transmittal of this order to said Clerk shall be stayed 7 days from the entry. If any party files a notice of opposition with the Clerk of the Panel within this 7-day period, the stay will be continued until further order of the Panel. The lead case is 1:16-mc-07000-WHP. Teamsters Local Union provides health and welfare benefits to all eligible participants and their dependents.[BN] The Plaintiffs are represented by: Damien J. Marshall, Esq. Duane L. Loft, Esq. Matthew S. Tripolitsiotis, Esq. 575 Lexington Avenue. 7th Floor New York, NY 10022 Telephone: (212) 446 2300 E-mail: dmarshall@bsfllp.com dloft@bsfllp.com mripolitsiotis@bsfllp.com - and - David W. Mitchell, Esq. M. Robertt Rothman, Esq. Patrick J. Couglin, Esq. Samuel H. Rudman, Esq. ROBINS GELLER RUDMAN DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: (619) 231 1058 Facsimile: (619) 231 7423 E-mail: davidm@rgdlaw.com rrothman@rgdlaw.com patc@rgdlaw.com srudman@rgdlaw.com - and - Andres W. Lopez, Esq. THE LAW OFFICES OF ANDRES W. LOPEZ, P.S.C. PO Box 13909 San Juan, PR 00908 Telephone: (787) 294 9508 Facsimile: (787) 294 9519 E-mail: andres@awllaw.com The Defendants are represented by: Chul Pak, Esq. Jeffrey Bank, Esq. Wilson Sonsini Goodrich & Rosati, P.C. 1301 Avenue of the Americas, 40th Floor New York, NY 10019 Telephone: (212) 497 7726 Facsimile: (212) 497 5899 E-mail: cpak@wsgr.com jbank@wsgr.com - and - Ricardo L. Ortiz-Colon, Esq. Melissa Hernandez-Carrasquillo, Esq. Fidder Gonzalez & Rodriquez, P.S.C. PO Box 365507 San Juan, PR 00936-3507 Telephone: (787) 759 3258 Facsimile: (787) 250 7565 E-mail: rortiz@fgrlaw.com mehernandez@fgrlaw.com - and - Daniel Perez-Refojos, Esq. O'NEILL & BORGES American International Plaza 250 Munoz Rivera Ave., Suite 800 Sam Juan, PR 00918-1813 Telephone: (787) 764 8181 Facsimile: (787) 753 8944 E-mail: daniel.perez@oneilleborges.com - and - Manuel A. Moreda-Toledo, Esq. Roberto C. Quinones-Rivera, Esq. McConnell Valdez, LLC P.O. Box 3644225 San Juan, PR 00936-4225 Telephone: (787) 250 5640 Facsimile: (787) 250 5185 E-mail: mmt@mcvpr.com rcq@mcvpr.com - and - Margaret A. Rogers, Esq. Saul P. Morgenstren, Esq. 250 West 55th Street New York, NY 10019-9710 Telephone: (212) 836 7830 Facsimile: (212) 836 9698 E-mail: Margaret.rogers@apks.com saul.morgenstern@apks.com MEDIC AMBULANCE: Faces "Silva" Suit in E.D. California ------------------------------------------------------ A class action lawsuit has been filed against Medic Ambulance Service, Inc. The case is titled as Meghan Silva, on behalf of herself and others similarly situated, the Plaintiff, v. Medic Ambulance Service, Inc., the Defendant, Case No. 2:17-cv-00876- TLN-CKD (E.D. Cal., Apr. 25, 2017). The case is assigned to the Hon. District Judge Troy L. Nunley. Medics transports stable patients by ground anywhere in the U.S.[BN] The Plaintiff is represented by: Caitlin E. Gray, Esq. Jannah V. Manansala, Esq. WEINBERG ROGER AND ROSENFELD 1001 Marina Village Parkway, Suite 200 Alameda, CA 94501 Telephone: (510) 337 1001 Facsimile: (510) 337 1023 E-mail: cgray@unioncounsel.net jmanansala@unioncounsel.net The Defendant is represented by: Jeremy Taylor Naftel, Esq. CAROTHERS, DISANTE & FREUDENBERGER LLP 900 University Ave., Ste. 200 Sacramento, CA 95825 Telephone: (916) 361 0991 Facsimile: (916) 361 1480 E-mail: jnaftel@cdflaborlaw.com METROPOLITAN TRANSPORTATION: Sued Over Disability Act Violation --------------------------------------------------------------- A class action lawsuit has been filed against Metropolitan Transportation Authority. The case is captioned as Center for Independence of the Disabled, New York, a nonprofit organization; Brooklyn Center for Independence of the Disabled, a nonprofit organization; Bronx Independent Living Services, a nonprofit organization; Harlem Independent Living Center, a nonprofit organization; Disabled In Action of Metropolitan New York, a nonprofit organization; New York Statewide Senior Action Council, a nonprofit organization; Sasha Blair-Goldensohn, an individual; Chris Pangilinan, an individual; and Dustin Jones, an individual, on behalf of themselves and all others similarly situated, the Plaintiffs, v. Metropolitan Transportation Authority, a public benefit corporation; Veronique Hakim, in her official capacity as interim executive director of the Metropolitan Transportation Authority; New York City Transit Authority, a public benefit corporation; Darryl C. Irick, in his official capacity as acting president of the New York City Transit Authority; and The City Of New York, the Defendants, Case No. 1:17-cv-02990-KBF (S.D.N.Y., Apr. 25, 2017). The case assigned to the Hon. Judge Katherine B. Forrest. Metropolitan Transportation Authority is a public benefit corporation responsible for public transportation in the U.S. state of New York.[BN] The Plaintiffs are represented by: Jelena Kolic, Esq. Rebecca Juliet Rodgers, Esq. Michelle Anne Caiola, Esq. DISABILITY RIGHTS ADVOCATES 10 South LaSalle Street, 18th Fl. Chicago, IL 60613 Telephone: (312) 559 4660 Ext. 7560 Facsimile: (212) 644 8636 E-mail: jkolic@dralegal.org rrodgers@dralegal.org mcaiola@dralegal.org METROPOLITAN TRANSPORTATION: Sued Over Subway Inaccessibility ------------------------------------------------------------- CENTER FOR INDEPENDENCE OF THE DISABLED NEW YORK, a nonprofit organization; BROOKLYN CENTER FOR INDEPENDENCE OF THE DISABLED, a nonprofit organization; HARLEM INDEPENDENT LIVING CENTER, a nonprofit organization; SASHA BLAIRGOLDENSOHN, an individual; DUSTIN JONES, an individual; and CHRIS PANGILINAN, an individual, on behalf of themselves and all others similarly situated, the Plaintiffs, v. METROPOLITAN TRANSPORTATION AUTHORITY, a public benefit corporation, VERONIQUE HAKIM, in her official capacity as interim executive director of the Metropolitan Transit Authority, NEW YORK CITY TRANSIT AUTHORITY, a public benefit corporation, DARRYL C. IRICK, in his official capacity as acting president of the New York City Transit Authority, and THE CITY OF NEW YORK, the Defendants, Case No. 153765/2017 (N.Y. Sup. Ct., April 25, 2017), seeks judgment enjoining Defendants from violating the New York City Human Rights Law, and requiring Defendants to develop and implement a remedial plan to make the entire subway system systemically accessible to the Plaintiffs and members of the class. The lawsuit challenges the alleged systemic, discriminatory exclusion of people with mobility and other disabilities affecting their capacity to use stairs from the New York City subway system. People who use wheelchairs, walkers, scooters, or other mobility devices, or who are unable to use stairs due to disabilities related to muscle, joint, heart or lung function, are blatantly denied access to 360 subway stations (almost 80%) in New York City, due to Defendants' failure to install elevators and otherwise ensure vertical access at the majority of stations. The discriminatory result leaves hundreds of thousands of New Yorkers and visitors to the City with mobility and other disabilities blocked, limited, and/or deterred from equal use of the City's subway system. Defendants' discriminatory exclusion of hundreds of thousands of people with mobility disabilities or other disabilities affecting a person's ability to use stairs from the vast majority of subway stations is particularly harmful given the critical importance of the subway system to life in New York City. The Defendants own and/or operates the New York City subway system.[BN] The Plaintiffs are represented by: Daniel Brown, Esq. SHEPPARD MULLIN RICHTER & HAMPTON LLP 30 Rockefeller Plaza New York, NY 10112 Telephone: (212) 653 8700 Facsimile: (212) 653 8701 - and - Jelena Kolic, Esq. Rebecca Juliet Rodgers, Esq. Michelle Anne Caiola, Esq. DISABILITY RIGHTS ADVOCATES 10 South LaSalle Street, 18th Fl. Chicago, IL 60613 Telephone: (312) 559 4660 Ext. 7560 Facsimile: (212) 644 8636 E-mail: jkolic@dralegal.org rrodgers@dralegal.org mcaiola@dralegal.org MICHIGAN: 6th Cir. Remands ACA-related Suit vs. DHHS ---------------------------------------------------- The United States Court of Appeals for the Sixth Circuit affirmed in part, reversed in part, and remanded the case captioned AELEN UNAN and PATRICIA QUINTINO, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. NICK LYON, in his official capacity as Director, Michigan Department of Community Health and Human Services, Defendant-Appellee, No. 16-1185 (6th Cir.), for further proceedings. On January 25, 2014, the Michigan Department of Health and Human Services (DHHS) implemented various system changes required by the Patient Protection and Affordable Care Act of 2010 (ACA). In the course of implementation, a systemic computer problem caused a number of applicants to be assigned automatically to Emergency Services Only (ESO) Medicaid, although they might otherwise be eligible for comprehensive coverage. Specifically, non-citizen applicants who attested to, but failed to verify, their immigration status were automatically denied comprehensive coverage, and approved for ESO coverage only. Denial of comprehensive coverage occurred without a reasonable opportunity to provide documents verifying an applicant's eligible status. Plaintiffs Aelen Unan and Patricia Quintino, two eligible non- citizen residents of Michigan were erroneously assigned ESO coverage. Unan, a refugee, applied for Medicaid on April 2, 2014. Quintino, who became a legal permanent resident in 1998, applied for Medicaid on April 1, 2014. Neither Unan nor Quintino was asked for documentation of her immigration status, although each had previously provided such proof of status for her food assistance case. Each received a Health Coverage Determination Notice indicating that she had been approved for ESO Medicaid. On September 8, 2014, Unan and Quintino filed a class-action lawsuit for declaratory and injunctive relief against Nick Lyon, the Director of DHHS, alleging that defendant failed promptly to provide comprehensive Medicaid to plaintiffs pursuant to 42 U.S.C. Section 1396a(a)(8), 10(A), failed to provide comprehensive Medicaid to plaintiffs pending a reasonable opportunity to verify plaintiffs' immigration status pursuant to 42 U.S.C. Sections 1396a(a)(8), 1320b2012 7(d)(4)(A), and had failed to provide plaintiffs with adequate notice and a meaningful opportunity to be heard regarding the denial of comprehensive Medicaid pursuant to 42 U.S.C. Section 1396a(a)(3) and the Due Process Clause of the Fourteenth Amendment. On the same date, plaintiffs filed a motion for preliminary injunction and a motion for class certification. Two days after the complaint was filed, Unan and Quintino were both determined by DHHS to be eligible for comprehensive Medicaid coverage retroactive to April 1, 2014. On August 2, 2014, DHHS, while working to correct the systemic computer problem, began approving for full Medicaid individual applicants who attested to eligible immigration status. Defendant claims that a permanent correction for the ESO issue was implemented by December 30, 2014. On March 24, 2015, the district court ordered the parties to prepare revised notices for Medicaid applicants, and held in abeyance plaintiffs' motions for preliminary injunction and class certification. Both parties filed cross-motions for summary judgment on August 31, 2015. On January 11, 2016, the district court granted defendant's motion for summary judgment, denied plaintiffs' motion for summary judgment, and entered judgment for defendant. Plaintiffs' motions for class certification and preliminary injunction were dismissed as moot. Plaintiffs filed a notice of appeal. The Sixth Circuit held that the plaintiffs' claims are not moot, and reversed the district court's grant of defendant's motion for summary judgment. On the basis of grounds other than those relied upon by the district court, the Sixth Circuit affirmed the denial of plaintiffs' motion for summary judgment as to their claims that defendant failed to provide comprehensive Medicaid coverage and a reasonable opportunity to verify immigration status, and hold that there are fact issues precluding summary judgment for both plaintiffs and defendant. Defendant is entitled to judgment as a matter of law on the remaining notice claims, and the suit is remanded for further proceedings. A copy of the Sixth Circuit's opinion dated March 31, 2017, is available at https://goo.gl/3BTWPI from Leagle.com. For Appellants: Anna M. Hill, Esq. Susan E. Reed, Esq. MICHIGAN IMMIGRANT RIGHTS CENTER 3030 S. 9th Street 1B Kalamazoo, MI 49009 Tel: 269-492-7196 Fax: 269-492-7198 - and - Marie K. DeFer, Esq. Edward J. Hoort, Esq. Veronica A. Perera, Esq. Lysa Postula-Stein, Esq. CENTER FOR CIVIL JUSTICE 436 Saginaw St. Flint, MI 48502 Tel: 810-244-8044 For Appellee: Joshua S. Smith, Esq. Jonathan S. Ludwig, Esq. OFFICE OF THE MICHIGAN ATTORNEY GENERAL P.O. Box 30213 Lansing, MI 48909-7713 Tel: 517-373-1152 Fax: 517-241-3771 The United States Court of Appeals, Sixth District panel consists of Circuit Judges Karen Nelson Moore, Jeffrey S. Sutton and Helene N. White. MIDLAND CREDIT: Faces "Richardson" Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Midland Credit Management, Inc. The case is styled as Tyria Richardson, on behalf of herself and all others similarly situated, the Plaintiff, v. Midland Credit Management, Inc. a/k/a Midland Funding, the Defendant, Case No. 1:17-cv-02487 (E.D.N.Y., Apr. 25, 2017). Midland Credit helps consumers resolve past-due debt obligations. MCM provides flexible payment plans and financial education tools.[BN] The Plaintiff appears pro se. MONSANTO COMPANY: Faces "Maraman" Suit Over Sale of Roundup ----------------------------------------------------------- JUANITA MARAMAN, the Plaintiff, v. MONSANTO COMPANY, the Defendant, Case No. 3:17-cv-02318-VC (E.D. Mo., April 25, 2017), seeks compensatory damages as a result of Plaintiff's use of, and exposure to, Roundup (TM) which caused or was a substantial contributing factor in causing Plaintiff to suffer from cancer, specifically NHL, and Plaintiff suffered severe and personal injuries which are permanent and lasting in nature, physical pain and mental anguish, including diminished enjoyment of life. The case is an action for damages suffered by Plaintiff as a direct and proximate result of Defendant's negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, advertising, distribution, labeling, and/or sale of the herbicide Roundup (TM), containing the active ingredient glyphosate. The Plaintiff maintains that Roundup (TM) and/or glyphosate is defective, dangerous to human health, unfit and unsuitable to be marketed and sold in commerce, and lacked proper warnings and directions as to the dangers associated with its use. The information that Defendant did provide or communicate failed to contain adequate warnings and precautions that would have enabled Plaintiff, and similarly situated individuals, to utilize the product safely and with adequate protection. Instead, Defendant disseminated information that was inaccurate, false, and misleading and which failed to communicate accurately or adequately the comparative severity, duration, and extent of the risk of injuries associated with use of and/or exposure to Roundup and glyphosate; continued to promote the efficacy of Roundup, even after it knew or should have known of the unreasonable risks from use or exposure; and concealed, downplayed, or otherwise suppressed, through aggressive marketing and promotion, any information or research about the risks and dangers of exposure to Roundup and glyphosate. The Plaintiff has endured and, in some categories continues to suffer, emotional and mental anguish, medical expenses, and other economic and non-economic damages, as a result of the actions and inactions of the Defendant. Monsanto Company is a publicly traded American multinational agrochemical and agricultural biotechnology corporation. It is headquartered in Creve Coeur, Greater St. Louis, Missouri.[BN] The Plaintiff is represented by: Jacob A. Flint, Esq. FLINT LAW FIRM, LLC 222 E. Park St. Edwardsville, IL 62025 Telephone: (618) 205 2017 Facsimile: (618) 288 2864 E-mail: jflint@flintfirm.com - and - David J. Wool, Esq. ANDRUS WAGSTAFF, P.C. Aimee H. Wagstaff, Bar No. 36819 David J. Wool, Bar No. 44614 7171 W. Alaska Drive Lakewood, CO 80226 Telephone: (303) 376 6360 Facsimile: (303) 376 6361 E-mail: aimee.wagstaff@andruswagstaff.com david.wool@andruswagstaff.com MONSANTO COMPANY: Faces "Naff" Suit over Over Sale of Roundup ------------------------------------------------------------- MICHAEL NAFF, the Plaintiff, v. MONSANTO COMPANY, the Defendant, Case No. 3:17-cv-02319-VC (E.D. Mo., April 25, 2017), seeks compensatory damages as a result of Plaintiff's use of, and exposure to, Roundup (TM) which caused or was a substantial contributing factor in causing Plaintiff to suffer from cancer, specifically NHL, and Plaintiff suffered severe and personal injuries which are permanent and lasting in nature, physical pain and mental anguish, including diminished enjoyment of life. The case is an action for damages suffered by Plaintiff as a direct and proximate result of Defendant's negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, advertising, distribution, labeling, and/or sale of the herbicide Roundup (TM), containing the active ingredient glyphosate. The Plaintiff maintains that Roundup (TM) and/or glyphosate is defective, dangerous to human health, unfit and unsuitable to be marketed and sold in commerce, and lacked proper warnings and directions as to the dangers associated with its use. The information that Defendant did provide or communicate failed to contain adequate warnings and precautions that would have enabled Plaintiff, and similarly situated individuals, to utilize the product safely and with adequate protection. Instead, Defendant disseminated information that was inaccurate, false, and misleading and which failed to communicate accurately or adequately the comparative severity, duration, and extent of the risk of injuries associated with use of and/or exposure to Roundup and glyphosate; continued to promote the efficacy of Roundup, even after it knew or should have known of the unreasonable risks from use or exposure; and concealed, downplayed, or otherwise suppressed, through aggressive marketing and promotion, any information or research about the risks and dangers of exposure to Roundup and glyphosate. The Plaintiff has endured and, in some categories continues to suffer, emotional and mental anguish, medical expenses, and other economic and non-economic damages, as a result of the actions and inactions of the Defendant. Monsanto Company is a publicly traded American multinational agrochemical and agricultural biotechnology corporation. It is headquartered in Creve Coeur, Greater St. Louis, Missouri.[BN] The Plaintiff is represented by: Jacob A. Flint, Esq. FLINT LAW FIRM, LLC 222 E. Park St. Edwardsville, IL 62025 Telephone: (618) 205 2017 Facsimile: (618) 288 2864 E-mail: jflint@flintfirm.com - and - David J. Wool, Esq. ANDRUS WAGSTAFF, P.C. Aimee H. Wagstaff, Bar No. 36819 David J. Wool, Bar No. 44614 7171 W. Alaska Drive Lakewood, CO 80226 Telephone: (303) 376 6360 Facsimile: (303) 376 6361 E-mail: aimee.wagstaff@andruswagstaff.com david.wool@andruswagstaff.com MYLAN INC: HMO Louisiana Alleges Clomipramine Price-Fixing ---------------------------------------------------------- LOUISIANA HEALTH SERVICE INDEMNITY COMPANY d/b/a BLUE CROSS AND BLUE SHIELD OF LOUISIANA and HMO LOUISIANA, INC., the Plaintiff, vs. MYLAN, INC., MYLAN PHARMACEUTICALS, INC., TARO PHARMACEUTICAL INDUSTRIES LTD., TARO PHARMACEUTICALS USA, INC., and SANDOZ, INC., the Defendants, Case No. 2:17-cv-01882-CMR (E.D. Pa., April 28, 2017), seeks to recover damages, to the maximum extent allowed under state laws, and that a judgment in favor of Plaintiffs and members of the Damages Class be entered against Defendants jointly and severally in an amount to be trebled to the extent such laws permit. For more than two years, federal and state enforcement agencies have been investigating price-fixing and bid-rigging by companies in the generic drug industry, including the manufacturers of generic Clomipramine. Those investigations followed a Congressional inquiry and hearing concerning a significant spike in generic pricing. On January 9, 2017, two executives of a manufacturer of generic doxycycline pled guilty in federal court in the Eastern District of Pennsylvania to criminal price-fixing, thereby confirming the existence of conspiracies among generic drug manufacturers to fix prices. In addition, in December 2016, the Attorneys General of 20 states filed a civil complaint in the United States District Court for the District of Connecticut also alleging price fixing of generic doxycycline. Further 71 generic pricing actions (44 end payor actions, and 27 direct purchaser actions) have been filed in the Federal Courts including 38 in the Eastern District of Pennsylvania, 26 in the Southern District of New York, five in the District of New Jersey, and two (2) in the District of Puerto Rico. The case is brought by Louisiana Health Service Indemnity Company D/B/A Blue Cross And Blue Shield Of Louisiana, and HMO Louisiana, Inc., on behalf of themselves and all other similarly situated indirect purchasers (End-Payers or Plaintiffs) of generic Clomipramine, to recoup overcharges that resulted from Defendants' price-fixing conspiracies. Plaintiffs bring this action both individually and on behalf of (a) a national injunctive class of persons or entities in the United States and its territories who indirectly purchased, paid and/or provided reimbursement for some or all of the purchase price of generic Clomipramine, products manufactured by any Defendant from October 1, 2012 to the present, and (b) a damages class of or entities in the states identified herein, the District of Columbia and U.S. territories who indirectly purchased, paid and/or provided reimbursement for some or all of the purchase price of generic Clomipramine, products manufactured by any Defendant, other than for resale, from October 1, 2012 to the present. Defendants engaged in conspiracies to allocate customers, rig bids and fix, maintain and/or stabilize the prices of generic Clomipramine. As a result of Defendants' unlawful conduct, Plaintiffs and the other members of the proposed Classes paid artificially inflated prices. Mylan is an American global generic and specialty pharmaceuticals company registered in the Netherlands, with principal executive offices in Hatfield, Hertfordshire, UK and global headquarters in Canonsburg, Pennsylvania, US.[BN] The Plaintiff is represented by: James R. Dungan, II, Esq. David S. Scalia, Esq. Douglas R. Plymale, Esq. Lanson Bordelon, Esq. Mekel Smith-Alvarez, Esq. DUGAN LAW FIRM One Canal Place 365 Canal Street, Suite 1000 New Orleans, LA Telephone: (504) 648 0180 Facsimile: (504) 648 0181 E-mail: jdugan@dugan-lawfir.com dscalia@dugan-lawfir.com dplymale@dugan-lawfirm.com lbordelon@dugan-lawfirm.com mekel@dugan-lawfirm.com NEW ENGIN: "Yang" Suit Seeks Unpaid OT Wages & Damages Under FLSA ----------------------------------------------------------------- Yong Yang, individually and on behalf all other employees similarly situated, the Plaintiff, v. New Engin Inc. d/b/a Tangra, Yu Lan Lo, Sim Min Lo, and Sim Fu Lo, the Defendants, Case No. 1:17-cv-02504 (E.D.N.Y., Apr. 26, 2017), seeks to recover unpaid overtime wages, liquidated damages, prejudgment and post-judgment interest; and attorney's fees and costs, pursuant to the Fair Labor Standards Act (FLSA). The Plaintiff further allege pursuant to New York Labor Law and New York Codes, Rules and Regulations (NYCRR) and New York Common law that they are entitled to recover from the Defendants: (1) unpaid overtime compensation; (2) unpaid "spread of hours" premium for each day he worked ten (10) or more hours; (3) compensation for failure to provide wage notice at the time of hiring and failure to provide paystubs in violation of the NYLL; (4) liquidated damages equal to the sum of unpaid overtime compensation, and unpaid "spread of hours" premium pursuant to the NY Wage Theft Prevention Act; (5) prejudgment and post-judgment interest; and (6) attorney's fees and costs. The Defendants have willfully and intentionally committed widespread violations of the FLSA and NYLL by engaging in a pattern and practice of failing to pay their employees, including Plaintiff, compensation for all hours worked, and overtime compensation for all hours worked over 40 each workweek.[BN] The Plaintiff is represented by: Jian Hang, Esq. HANG & ASSOCIATES, PLLC. 136-18 39th Ave., Suite 1003 Flushing, NY 11354 Telephone: (718) 353 8588 E-mail: jhang@hanglaw.com NO PRESSURE: "Figueroa" Suit to Recover Overtime Pay ---------------------------------------------------- Alex Figueroa, on behalf of himself and others similarly situated, Plaintiff, v. No Pressure Roof Cleaning LLC, a Florida Limited Liability Company and Paul B. Guitard, an individual, Defendants, Case No. 9:17-cv-80505 (S.D. Fla., April 21, 2017), seeks to recover unpaid overtime compensation owed, liquidated damages or pre-judgment interest, post-judgment interest, attorneys' fees and costs under the Fair Labor Standards Act of 1938. Defendant operates a roof cleaning business in Palm Beach County, Florida where Figueroa was employed as an hourly wage spray technician. The Plaintiff is represented by: Robert S. Norell, Esq. ROBERT S. NORELL, P.A. 300 N.W. 70th Avenue, Suite 305 Plantation, FL 33317 Telephone: (954) 617-6017 Facsimile: (954) 617-6018 Email: rob@floridawagelaw.com OCWEN FINANCIAL: Faces "Carvelli" Suit in S.D. Fla. --------------------------------------------------- Karen A. Carvelli, Individually and on behalf of all others similarly situated, Plaintiff, v. Ocwen Financial Corporation, Ronald M. Faris and Michael R. Bourque Jr., Defendants, Case No. 9:17-cv-80500, (S.D. Fla., April 21, 2017), seeks damages, prejudgment and post-judgment interest, as well as reasonable attorneys' fees, expert fees, costs, and such other and further relief under the Securities Exchange Act of 1934. Ocwen Financial Corporation is a diversified financial services holding company whose primary businesses are the acquisition, servicing, and resolution of sub-performing and nonperforming residential and commercial mortgage loans, as well as the related development of loan servicing technology and business -- to business e-commerce solutions for the mortgage and real estate industries. Defendants allegedly failed to disclose that Ocwen serviced loans using error-riddled information, loaded inaccurate and incomplete information into its database, illegally foreclosed on homeowners by modifying loans for troubled borrowers and failed to deliver required foreclosure protections, failed to credit borrowers' payments and provide accurate periodic statements detailing the amount due, failed to conduct escrow analyses and send escrow statements, mishandled hazard insurance, bungled borrowers' private mortgage insurance by failing to cancel borrowers' private mortgage insurance in a timely way, causing consumers to overpay and deceptively sign up, charged borrowers for add-on products without their knowledge, failed to assist heirs seeking foreclosure alternatives, failed to adequately investigate and respond to borrower complaints. Carvelli owns shares of Ocwen Financial Corporation. Plaintiff is represented by: Jayne A. Goldstein, Esq. SHEPHERD, FINKELMAN, MILLER & SHAH LLP 1625 North Commerce Parkway, Suite 320 Fort Lauderdale, FL 33326 Tel: (954) 515-0123 Fax: (866) 300-7367 Email: jgoldstein@sfmslaw.com - and - J. Alexander Hood II, Esq. Hui M. Chang, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Tel: (212) 661-1100 Fax: (212) 661-8665 Email: ahood@pomlaw.com hchang@pomlaw.com - and - Patrick V. Dahlstrom, Esq. 10 South La Salle Street, Suite 3505 Chicago, IL 60603 Tel: (312) 377-1181 Fax: (312) 377-1184 Email: pdahlstrom@pomlaw.com OCWEN LOAN: Belcher Seeks Certification of Class & Subclass ----------------------------------------------------------- In the lawsuit captioned TIMOTHY J. BELCHER, the Plaintiff, v. OCWEN LOAN SERVICING, LLC, the Defendant, Case No. 8:16-cv-00690- SDM-AEP (M.D. Fla.), the Plaintiff asks the Court to certify a class pursuant to Florida Consumer Collection Practices Act (FCCPA) and subclass pursuant Fair Debt Collection Practices Act (FDCPA): FCCPA Class: "all individuals in the State of Florida who: (1) were offered a HAMP loan modification by Defendant (2) for a debt incurred for personal, family, or household purposes, (3) accepted that offer by making a payment, (4) successfully completed the HAMP trial period for permanent loan modification of the debt by making three requisite monthly payments, and (5) during the HAMP trial period received collections communications from Defendant threatening the individual with foreclosure or the incurrence of additional fees if the individual failed to pay his or her unmodified loan amount, (6) on or after March 18, 2014"; and FDCPA Subclass: "all individuals in the State of Florida who: (1) were offered a HAMP loan modification by Defendant (2) for a debt incurred for personal, family, or household purposes and (3) for a debt that Defendant acquired after it was in default, (4) accepted that offer by making a payment, (5) successfully completed the HAMP trial period for permanent loan modification of the debt by making three requisite monthly payments, and (6) during the HAMP trial period received collections communications from Defendant threatening the individual with foreclosure or the incurrence of additional fees if the individual failed to pay his or her unmodified loan amount, (7) on or after March 18, 2015". The Plaintiff asserts claims for (1) violation of the FDCPA and FCCPA. These allegations arise from Defendant's routine practice of sending form collections communications to consumers that threatened the foreclosure of their home or the incurrence of additional fees to collect payment on unmodified loan amounts while the consumers were actively participating in their trial period for a Home Affordable Modification Program loan modification. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=jDDew1XM The Plaintiff is represented by: Katherine Earle Yanes, Esq. Brandon K. Breslow, Esq. KYNES, MARKMAN & FELMAN, P.A. Post Office Box 3396 Tampa, FL 33601-3396 Telephone: (813) 229-1118 Facsimile: (813) 221-6750 E-mail: kyanes@kmf-law.com bbreslow@kmf-law.com The Defendant is represented by: James Frazier Carraway, Esq. Claire Meryl Brueck, Esq. SAXON GILMORE & CARRAWAY, P.A. 201 East Kennedy Boulevard Suite 600 Tampa, FL 33602. Telephone: (813)314 4500 Facsimile: (813)314 4555 E-mail: fcarraway@saxongilmore.com cbrueck@saxongilmore.com - and - Joe Culleiton, Esq. Daniel Hurtes, Esq. BLANK ROME LLP 130 North 18th Street One Logan Square Philadelphia, PA 19103-6998 Telephone: (215) 569 5500 Facsimile: (215) 569 5555 E-mail: jculleiton@blankrome.com DHurtes@blankrome.com OMAHA STEAKS: Sued in Cal. Over Unreasonable Shipping Charges ------------------------------------------------------------- Neiman McCoy, individually and on behalf of all others similarly situated v. Omaha Steaks International, Inc. and Does 1-10, inclusive, Case No. BC658076 (Cal. Super. Ct., April 14, 2017), is brought on behalf of all consumers who purchased items from the Defendant and were charged a "Standard Shipping" charge, that were not reasonably related to the Defendant's costs of delivering or shipping the items to consumers but instead greatly exceeded those costs. Omaha Steaks International, Inc. operates a butcher shop located at 11030 "O" Street, Suite 300, Omaha, Nebraska 68137. [BN] The Plaintiff is represented by: Brendan Ford, Esq. FORD & DIULIO PC 695 Town Center Drive, Suite 700 Costa Mesa, CA 92626 Telephone: (714) 384-5540 E-mail: Bford@forddiulio.com - and - Scott J. Ferrell, Esq. PACIFIC TRIAL ATTORNEYS 4100 Newport Place, Ste. 800 Newport Beach, CA 92660 Telephone: (949) 706-6464 Facsimile: (949) 706-6469 E-mail: sferreIl@pacifictrialattorneys.com OVERLAND PARK FIREBIRDS: "Nolen" Suit Removed to D. Kan. -------------------------------------------------------- The case captioned Josh Nolen, on behalf of himself and all others similarly situated, Plaintiff, v. Firebirds of Overland Park, LLC, Defendant, Case No. 17CV01658 (Kan. Dist., March 22, 2017), was removed to the United States District Court for the District of Kansas on April 24, 2017 under Case No. 2:17-cv-02237. Nolen filed this labor dispute under the Fair Labor Standards Act. [BN] The Plaintiff is represented by: Phillip M. Murphy II, Esq. LAW OFFICE OF PHILLIP M. MURPHY II 4717 Grand Avenue, Suite 250 Kansas City, MO 64112 Tel: (913) 661-2900 Fax: (913) 312-5841 Email: Phillip@phillipmurphylaw.com Defendant is represented by: Robert J. Hingula, Esq. Katharine Sangha, Esq. POLSINELLI PC 900 W. 48th Place, Suite 900 Kansas City, MO 64112 Tel: (816) 753-1000 Fax No.: (816) 753-1536 Email: rhingula@polsinelli.com ksangha@polsinelli.com OVERTON SECURITY: Sued Over Failure to Pay Minimum & OT Wages ------------------------------------------------------------- Demario McMillian, individually and on behalf of all others similarly situated v. Overton Security Services, Inc., and Does 1- 50, inclusive, Case No. RG17856742 (Cal. Super. Ct., April 14, 2017), is brought against the Defendants for failure to pay overtime and minimum wages in violation of the California Labor Code. Overton Security Services, Inc. provides security services for a wide range of clients, including individuals, private entities, and for the government. [BN] The Plaintiff is represented by: Carolyn Hunt Cottrell, Esq. David C. Leimbach, Esq. SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP 2000 Powell Sheet, Suite 1400 Emeryville, CA 94608 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 E-mail: ccottrell@schneiderwallace.com PETROS MB: Jaco-Giron Seeks Unpaid Minimum Wage Under Labor Code ---------------------------------------------------------------- FRANCISCO JACO-GIRON, on behalf of himself and others similarly situated, the Plaintiff, v. PETROS MB, INC., a California corporation; PETROS, a business entity of unknown form; PETROS RESTAURANT, a business entity of unknown form; and DOES 1 through 50, inclusive, the Defendants, Case No. BC659182 (Cal. Super. Ct., Apr. 26, 2017), seeks to recover compensatory damages in the amount of the unpaid minimum wage for work performed by Employees and unpaid overtime compensation. The Defendants have consistently failed to provide Employees with timely, accurate, and itemized wage statements, in writing, as required by California wage-and-hour laws. From at least one year prior to the filing of this lawsuit, and continuing to the present, Defendants have consistently failed to pay Employees' wages on a timely semi-monthly basis, as required by Labor Code. From at least four years prior to filing this lawsuit and continuing to the present, Defendants have had a consistent policy of failing to pay all wages for and owed to Employees at the time of their termination of within 72 hours of their resignation, as required by California wage-and-hour laws. Petros MB is down-home eatery serving Greek, Italian & American plates.[BN] The Plaintiff is represented by: David Yeremian, Esq. David Keledjian, Esq. DAVE YEREMIAN & ASSOCIATES, INC. 535 N. Brand Blvd., Suite 705 Glendale, CA 91203 Telephone: (818) 230-8380 Facsimile: (818) 230-0308 E-mail: david@yeremianlaw.com davidk@yeremianlaw.com - and - Jonathan LaCour, Esq. PERRE LACOUR PC 2655 N. Pine Street Pomona, CA 91767 Telephone: (310) 853-3461 E-mail: jonathanl@pierrelacour.com PIZZA PETE'S: "Rojas" Sues Over Unpaid Overtime Wages ----------------------------------------------------- Alberto Daniel Baten Rojas, individually and on behalf of others similarly situated, Plaintiff, v. Pizza Pete's LLC, Perieso Dilloto, Jay Shim and Timmy Doe, Defendants, Case No. 1:17-cv- 02929 (S.D.N.Y., April 21, 2017), seeks unpaid minimum and overtime wages pursuant to the Fair Labor Standards Act of 1938 and New York Labor Laws. The suit also seeks spread of hours and applicable liquidated damages, interest, attorneys' fees and costs. Pizza Pete's LLC operates as Pizza Pete's, a pizzeria owned by Perieso Dilloto, Jay Shim and Timmy Doe, located at 528 Columbus Avenue, New York, New York 10024 where Rojas worked as a food preparer, porter and delivery worker. [BN] The Plaintiff is represented by: Michael A. Faillace, Esq. MICHAEL FAILLACE &ASSOCIATES, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Telephone: (212) 317-1200 Facsimile: (212) 317-1620 POINT ONE: Ill. App. Ct. Upheld Award of Fees in CLA Suit --------------------------------------------------------- The Appellate Court of Illinois, First District, Fifth Division, affirmed the circuit court's judgment, in the case styled EMMA ROBINSON and LATANYA KEMP, Plaintiffs, v. POINT ONE TOYOTA, EVANSTON, RIVER OAKS TOYOTA and TOYOTA MOTOR CREDIT CORPORATION, Defendants, (LatanyaKemp, Plaintiff-Appellant, v. Toyota Motor Credit Corporation and River Oaks Toyota, Defendants-Appellees), No. 1-15-2114 (Ill. App. Ct.) Plaintiffs, Latanya Kemp and Emma J. Robinson sought damages and attorney fees and costs for violations of federal and state law related to the motor vehicle leasing agreements they entered into with the defendants, Point One Toyota, Evanston, Toyota Motor Credit Corporation, and River Oaks Toyota. In their complaint and amended complaints, the plaintiffs alleged that various provisions of the motor vehicle leases violated the Consumer Leasing Act of 1976 (CLA), the Illinois Consumer Fraud and Deceptive Business Practices Act and the Uniform Deceptive Trade Practices Act (815 ILCS 510/1et seq. Plaintiffs also sought certification as a class action. In addition to her joint CLA claims with Ms. Robinson, in the first amended complaint, Ms. Kemp alleged an individual claim under the CLA based on the failure to disclose the actual amount of the sales tax owed under her vehicle lease. By 2011, all that remained of their lawsuit were the plaintiffs' joint CLA claims and Ms. Kemp's individual CLA claim. Following the filing of a third amended complaint and a hearing on the parties' cross-motions for summary judgment, the circuit court granted summary judgment to the plaintiffs on their CLA lease termination and itemization of other charges claims and Ms. Kemp's CLA individual claim. The court granted summary judgment to the defendants, TMCC and River Oaks Toyota on the plaintiffs' default penalties claim. Following an evidentiary hearing, the circuit court denied the plaintiffs' request for actual damages on their joint CLA claims but granted actual damages to Ms. Kemp on her individual CLA claim. The court awarded Ms. Robinson statutory damages of $1,000, and Ms. Kemp $1,596, in statutory and actual damages based on the failure to disclose. Ms. Kemp's award reflected a reduction of the $500 set-off she received from defendant Point One Toyota, Evanston. The circuit court awarded the plaintiffs $113,280 in attorney fees and costs of $420. The plaintiffs appealed, and the defendants cross-appealed. On review, the Appellate Court of Illinois, First District, Fifth Division held that the defendants were entitled to summary judgment on all of the plaintiffs' joint claims under the CLA, vacated the damages and attorney fees and costs awarded to the plaintiffs on their joint CLA claims, affirmed the actual and statutory damages award to Ms. Kemp on her individual CLA claim and remanded the case to the circuit court for a hearing on attorney fees and costs but only as to Ms. Kemp's individual CLA claim. Kemp sought an award of attorney fees in the amount of $1,074,163 based on 2719.4 hours and at a rate of $395 per hour and an award of costs in the amount of $11,328.74. In response, TMCC maintained that the attorney fee award should be based on a rate of $300 per hour for the 10.5 hours that could reasonably be said to have been spent on Ms. Kemp's single successful CLA claim. On June 19, 2015, the circuit court issued its memorandum opinion and order. After reviewing the history of the litigation, the court noted that despite the small amount of her recovery, Kemp was entitled to reasonable attorney fees under the CLA. The circuit court awarded the 10.5 hours, which TMCC identified as work on Ms. Kemp's claim. The court determined that between 1995 and 1996, 7.6 hours were specifically devoted to her claim. The circuit court determined that Kemp was entitled to be compensated for time expended in the circuit court in 1998 contesting the dismissal motion, which included her sales tax claim and in the first appeal since the appeal was a necessary step toward preserving her claim, but not the appeal to the supreme court since the plaintiffs' appeal was solely based on the unsuccessful claims. Since the sales tax issue was a minor one in view of the complex issues involved in this case, the court found 25 hours compensable. The circuit court calculated the attorney fees at the $395 per hour rate requested by Ms. Kemp's attorney, noting that it had already removed the unsuccessful and unreasonable hours. The court refused to order reimbursement of costs incurred for faxing, mailing, photocopying, binding or other expenses in bringing this case. The court further refused to order any reimbursement for costs incurred since the appeal of the June 10, 2011, order since the appeal was completely unsuccessful. Kemp appealed. The Court affirmed the judgment of the circuit court as she finds no error or abuse of discretion in the circuit court's award of costs, its denial of fees for the fee petition proceedings, and that the circuit court did not act arbitrarily in its reduction of the attorney fees in the case. A copy of the opinion dated March 31, 2017, is available at https://goo.gl/KB5ZQQ from Leagle.com. PREMIER TECHNOLOGY: Roberts Sues Over Spam Calls & Text Messages ---------------------------------------------------------------- JULIE ROBERTS, individually and on behalf of all others similarly situated, the Plaintiff, v. PREMIER TECHNOLOGY SERVICES, LLC dba REALISTIQ, a Nevada limited liability company, the Defendant, Case No. 2:17-cv-00648 (W.D. Wash., April 28, 2017), seeks injunction requiring Defendant to cease all unsolicited text-messaging activities as well as an award of statutory damages to the members of the Classes as provided under the Telephone Consumer Protection Act (TCPA) and Washington Automatic Dialing and Announcing Device (WADAD), together with costs and reasonable attorneys' fees. The Defendant's aggressive attempts to sell its services (namely its lead generation and home-appraisal services) involves an unlawful telemarketing campaign through which its sends, or has its agents send on its behalf and with its knowledge, unsolicited telemarketing text messages to consumers. The Defendant and/or its agents failed to obtain prior express written consent from consumers to send such text messages and therefore have violated the TCPA and in violation of the WADAD. PTS is a company that designs websites and provides leads for its clients in the real estate industry.[BN] The Plaintiff is represented by: Reba Weiss, Esq. WEISS LAW FIRM, PLLC 12537 15th Avenue N.E., Suite 108 Seattle, WA 98125 Telephone: (206) 508 5933 E-mail: reba@weisslawfirm.org - and - Blake Dugger, Esq. LAW OFFICES OF STEFAN COLEMAN, P.A. 1011 W. Colter St., No. 236 Phoenix, AR 85013 Telephone: (602) 441 3704 Facsimile: (888) 498 8946 E-mail: blake@stefancoleman.com PRIME FINANCIAL: Faces "Frier" Suit in N.D. Texas ------------------------------------------------- A class action lawsuit has been filed against Prime Financial Services. The case is styled as Welton Frier, on behalf of himself and all those similarly situated, the Plaintiff, v. Prime Financial Services, the Defendant, Case No. 3:17-cv-01091-N (N.D. Tex., Apr. 25, 2017). The case is assigned to Hon. Judge David C Godbey. Prime Financial is an independently owned financial consulting firm with over 25 years of dedicated personalized service to our clients.[BN] The Plaintiff is represented by: Seth P Crosland, Esq. BRANDY AUSTIN LAW FIRM PLLC 2404 Roosevelt Drive Arlington, TX 76016 Telephone: (817) 841 9906 Facsimile: (817) 484 0280 E-mail: seth@brandyaustinlaw.com PROGRESSIVE CORP: "Barnes" Sues Over Unpaid Overtime Premium ------------------------------------------------------------ Virginia Barnes, individually and on behalf of all similarly situated individuals, Plaintiff, v. The Progressive Corporation, Progressive Northern Insurance Company, Drive Insurance Holdings, Inc. and Does 1-10, Defendants, Case No. 1:17-cv-00865, (N.D. Ohio, April 21, 2017), seeks to recover unpaid wages and overtime, liquidated damages, penalties, fees and costs, pre- and post- judgment interest, and any other remedies under the Fair Labor Standards Act, the Ohio Minimum Fair Wage Standards and Ohio Prompt Pay Act. Defendants are auto insurance firms with 24/7 customer and claims services. Plaintiff worked as a Customer Service Representative in their headquarters in Mayfield Village, Ohio. Plaintiff is represented by: Mark M. Abramowitz, Esq. Mark A. DiCello, Esq. DICELLO LEVITT AND CASEY 7556 Mentor Ave. Mentor, OH 44060 Telephone: (440) 953-8888 Fax: (440) 953-9138 Email: mabramowitz@dlcfirm.com madicello@dlcfirm.com - and - Jacob R. Rusch, Esq. Molly E. Nephew, Esq. JOHNSON BECKER, PLLC 444 Cedar Street, Suite 1800 Saint Paul, MN 55101 Telephone: (612) 436-1800 Fax: (612) 436-1801 Email: jrusch@johnsonbecker.com mnephew@johnsonbecker.com QUALCOMM INC: Rotman et al. Sue over Baseband Processors Monopoly ----------------------------------------------------------------- Allan Rotman, Shari Cole, Phillip James Zacharias, Mary Beth Cummins, Guy Snowdy, Cynthia Bambini, Grant Hauschild, David Floyd, Kim Coughlin, Brandon Fuller, Lisa Patnode, and Nina Bartoshevich, on behalf of themselves and all others similarly situated, the Plaintiffs, v. Qualcomm Incorporated, the Defendant, Case No. 5:17-cv-02169-LHK (S.D. Cal., April 25, 2017), seeks injunctive relief, monetary damages and all available remedies to which they are entitled for Qualcomm's unlawful maintenance of a monopoly in baseband processors. The Plaintiffs are purchasers of cellular telephones and other cellular devices, each of which contains a baseband processor (also called a modem chipset), which are semiconductor devices that enable cellular communications in cellphones and other products. The Plaintiffs brought the action against Defendant for Qualcomm's unlawful maintenance of a monopoly in baseband processors. Qualcomm has maintained its monopoly by engaging in anticompetitive, exclusionary conduct, including, without limitation: (a) failure to license standard-essential patents to all applicants on fair, reasonable and non-discriminatory (FRAND) terms; (b) withholding Qualcomm's baseband processors unless a customer accepts a license to standard-essential patents on terms imposed by Qualcomm, including excessive and unlawful royalties that the customer must pay when using competitors' processors ("no license-no chips"); (c) refusing to license its cellular standard- essential patents to competitors, in violation of Qualcomm's FRAND commitments; and (d) entering into exclusive dealing arrangements, including with Apple Inc., a large and highly important cellphone manufacturer. Qualcomm's anticompetitive conduct has caused Plaintiffs and Class Members to pay inflated prices for each cellular telephone and cellular device they purchased and has excluded competitors, harmed competition, taxed Qualcomm's competitors' baseband processor sales and reduced competitors' ability to compete and incentive to innovate. Qualcomm is an American multinational semiconductor and telecommunications equipment company that designs and markets wireless telecommunications products and services.[BN] The Plaintiffs are represented by: Jason S. Hartley, Esq. Jason M. Lindner, 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 lindner@stuevesiegel.com - and - Daniel R. Karon, Esq. KARON LLC 700 W. St. Clair Ave., Suite 200 Cleveland, OH 44113 Telephone: (216) 622 1851 Facsimile: (216) 241 8175 E-mail: dkaron@karonllc.com SAFEWAY INC: Does Not Properly Pay Employees, "Leon" Suit Claims ---------------------------------------------------------------- Margarita Aranda Leon, on behalf of herself and others similarly situated v. Safeway, Inc.; and Does 1 thru 50, inclusive, Case No. RG17856684 (Cal. Super. Ct., April 14, 2017), is brought against the Defendants for failure to pay all wages at the appropriate rate at termination or resignation to all members of the Proposed Classes. Safeway, Inc. operates a supermarket chain in California. The Plaintiff is represented by: Eric B. Kingsley, Esq. Kelsey M. Szamet, Esq. KINGSLEY & KINGSLEY, APC 16133 Ventura Blvd., Suite 1200 Encino, CA 91436 Telephone: (818) 990-8300 Facsimile: (818) 990-2903 E-mail: eric@kingsleykingslcy.com kelsey@kingsleykingsley.com - and - Sahag Majarian II, Esq. LAW OFFICES OF SAHAG MAJARIAN II 18250 Ventura Blvd. Tarzana, CA 91356 Telephone: (818) 609-0807 Facsimile: (818) 609-0892 SANTANDER BANK: Overcharges Mortgage Insurance, Karlberg Claims --------------------------------------------------------------- Drew Karlberg, Individually and on Behalf of all Others Similarly Situated, 2601 Pennsylvania Avenue, No. 103, Philadelphia, PA 19130, the Plaintiff, v. Santander Bank, N.A., 824 North Market Street, Suite 100 Wilmington, DE19801 the Defendants, Case No. 170403795 (Phil. Cty. Ct., Apr. 26, 2017), seeks all appropriate and available relief from Santander for its overcharging its mortgage borrowers on their private mortgage insurance (PMI) payments. The Plaintiff, on behalf of himself individually and all others similarly situated, is an individual homeowner who obtained a residential mortgage loan through Santander and brings this action against Santander in connection with its continued overcharging of Plaintiff and the Class for private mortgage insurance issued by United Guaranty and collected by Santander. Homeowners such as Mr. Karlbetg who buy a home with less than a 20% down payment ate typically requited to pay for PMI, which protects the lender in the event of a default by Karlbetg. Mr. Karlbetg pays the premium, which is usually collected by the lender (here, Santander) along with the borrower's monthly payments. Borrowers typically have no opportunity to comparison- shop or to select their own private mortgage insurer, but are instead forced to purchase PMI through their lender (which chooses the PMI insurer). Santander Bank provides banking products and services. It offers personal checking accounts, savings and money market accounts.[BN] The Plaintiff is represented by: David S. Senoff, Esq. Hillary B. Weinstein, Esq. Clayton P. Flaherty, Esq. ANAPOL WEISS 130 N. 18th Street, Suite 1600 Philadelphia, PA 19103 E-mail: dsenoff@anapolwetss.com hweinstein@anapolweiss.com cfia.herty@anapolwetss.com - and - Michael D. Shaffer, Esq. Michael H. Gaier, Esq. SHAFFER & GAIER 8 Penn Center 1628JFK Boulevard, Suite 400 Philadelphia, PA 19103 E-mail: mshaffhr@shaffergaikr.com mgaier@shaffergaier.com SEAFOOD JUNCTION: Hearing for Class Cert. Reset to June 23 ---------------------------------------------------------- The Hon. Judge Thomas M. Durkin entered an order in the lawsuit styled Jason Morris, et al., the Plaintiff, v. Seafood Junction, Inc., et al., the Defendants, Case No. 1:16-cv-07002 (N.D. Ill.), generally continuing Plaintiff's motion to certify a class. According to the docket entry made by the Clerk on April 27, 2017, the April 28, 2017 status date is vacated and reset for June 23, 2017 at 09:00 AM. A copy of the Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=botKh5H7 SENIOR SERVICES: Faces "Orphal" Suit in N.D. Illinois ----------------------------------------------------- A class action lawsuit has been filed against Senior Services Associates Inc. The case is captioned as Linda A. Orphal, individually and on behalf of similarly-situated past and present employees of Senior Services Associates, Inc., the Plaintiff, v. Senior Services Associates Inc., Illinois not-for-profit corporation and Bette Schoenholtz, the Defendants, Case No. 1:17- cv-03104 (N.D. Ill., Apr. 25, 2017). Services Associates is a non-profit agency dedicated to helping older adults maintain and enhance their quality of life by answering questions, making recommendations, and assisting in applying for needed services. They aid with combatting financial victimization and abuse of the elderly. They assist Triad. They serve seniors in Kane, Kendall and McHenry counties.[BN] The Plaintiff appears pro se. SETERUS INC: Bid to Certify Class Terminated Without Prejudice -------------------------------------------------------------- The Hon. Judge Matthew F. Kennelly entered an order in the lawsuit captioned Patrick Ciolino, the Plaintiff, v. Seterus, Inc., the Defendant, Case No. 1:15-cv-09247 (N.D. Ill.), terminating motion to certify class without prejudice. According to the docket entry made by the Clerk on April 27, 2017, status hearing and motion hearing is held on April 27, 2017. Motion for extension of time to complete discovery is granted. The discovery cutoff deadline is extended to May 25, 2017. The motion hearing date of May 4 is vacated. The deadline for filing an amended motion for class certification is June 9. Status hearing is set for May 30 at 9:30 a.m. A copy of the Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=h6VyGist SNAPCHAT INC: Sent Spam Messages, "Vaccaro" Suit Claims ------------------------------------------------------- Dave Vaccaro, individually, and on behalf of all others similarly situated v. Snapchat Inc., and Does 1 through 10, inclusive, Case No. 2:17-cv-02870 (C.D. Cal., April 14, 2017), arises out of the Defendants' practice of using the Plaintiff's cellular telephone for the purpose of sending spam advertisements and promotional offers, via text messages without prior express consent. Snapchat Inc. operates a technology and social media company located at Venice, Los Angeles, California. [BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Meghan E. George, Esq. Adrian R. Bacon, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St., Suite 780 Woodland Hills, CA 91367 Telephone: (877) 206-4741 Facsimile: (866) 633-0228 E-mail: tfriedman@toddflaw.com mgeorge@toddflaw.com abacon@toddflaw.com SUNPOWER CORP: Jamarillo Seeks OT Pay Under Labor Code ------------------------------------------------------ FORTINO JAMARILLO, individually and on behalf of others similarly situated, the Plaintiff, v. SUNPOWER CORPORATION, a Delaware corporation; AEROTEK, INC., a Maryland Corporation; and DOES 1 through 100, inclusive, the Defendants, Case No. RG17853172 (Cal. Super. Ct. Apr. 26, 2017), seeks to recover Overtime compensation, minimum wages for all hours worked, meal and rest periods or premium wages in lieu under Labor Code. The Plaintiff alleges that Defendants knew or should have known that Plaintiff and class members were entitled to receive certain wages for overtime compensation and that they were not receiving certain wages for overtime compensation. SunPower Corporation is an American energy company that designs and manufactures crystalline silicon photovoltaic cells, roof tiles and solar panels based on an all-back-contact solar cell invented at Stanford University.[BN] The Plaintiff is represented by: Matthew R. Rainer, Esq. THE BAINER LAW FIRM 1901 Harrison St., Suite 1100 Oakland, CA 94612 Telephone: (510) 922 1802 Facsimile: (510) 844 7701 E-mail: mbainer@bainerlawfirm.com SYNCHRONY BANK: Bid to Certify Class Sought in "McMullen" Suit -------------------------------------------------------------- In the lawsuit titled VALERIE McMULLEN, individually and on behalf of others similarly situated, the Plaintiffs, v. SYNCHRONY BANK, et al., the Defendants, Case No. 1:14-cv-01983-JEB (D.D.C.), the Plaintiff asks that the Court grant her motion and enter Order to: 1. certify a class; 2. require Defendants to produce a list of every Class member, including the last known address, telephone number, and email address for each individual Class member; 3. approve the form and content of, and direct the distribution of, the proposed Notice and accompanying forms; and 4. appoint Regan Zambri Long, PLLC, and Klaproth Law PLLC as Class Counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=XGvWTbYI The Plaintiff is represented by: Patrick M. Regan, Esq. Salvatore J. Zambri, Esq. Christopher J. Regan, Esq. REGAN ZAMBRI LONG 1919 M Street, NW, Suite 350 Washington, DC 20036 Telephone: (202) 463 3030 Facsimile: (202) 463 0667 E-mail: pregan@reganfirm.com szambri@reganfirm.com cregan@reganfirm.com - and - Brendan J. Klaproth, Esq. Jesse C. Klaproth, Esq. KLAPROTH LAW PLLC 406 5th Street NW, Suite 350 Washington, DC 20001 Telephone: (202) 618 2344 Facsimile: (202) 618 4636 E-mail: bklaproth@klaprothlaw.com jklaproth@klaprothlaw.com TGI FRIDAY'S: Faces "Hodges" Suit in Cal. State Court ----------------------------------------------------- A class action lawsuit has been filed against TGI Friday's Inc. The case is entitled as Dieisha Hodges, Individually and on Behalf of a Class of Similarly Situated Individuals, the Plaintiff, TGI Friday's Inc. and Does 1 through 50, Inclusive, the Defendant, Case No. RG17857945 (Cal. Super. Ct., Apr. 25, 2017). T.G.I. Fridays is an American restaurant chain focusing on casual dining. The company is a unit of the Sentinel Capital Partners and TriArtisan Capital Partners, who purchased the company from Carlson Companies in May 2014.[BN] The Plaintiff is represented by: Eric A. Grover, Esq. KELLER GROVER LLP 1965 Market Street San Francisco, CA 94103 Telephone: (415) 543 1305 Facsimile: (415) 543 7861 E-mail: eagrover@kellergrover.com TIBET PHARMACEUTICALS: Youhang Peng Wins Bid to Dismiss IPO Suit ---------------------------------------------------------------- District Judge John Michael Vazquez of the U.S. District Court for the District of New Jersey, granted defendant's motion to dismiss the case ROBIN JOACHIM DARTELL, et al, individually and on behalf all others similarly situated, Plaintiffs, v. TIBET PHARMACEUTICALS, INC., et al, Defendants, Civil Action No. 14-3620 (D.N.J.) Plaintiffs brought suit against a number of individuals and entities who were involved in the Initial Public Offering (IPO), of defendant Tibet Pharmaceuticals, Inc. including Tibet, the Tibet Directors who signed the IPO Registration Statement, the underwriter, and Tibet's accounting firm. Defendant Youhang Peng was one of the Tibet Directors who signed the Registration Statement. Plaintiffs initially filed suit on August 31, 2012 in the United States District Court for the District of the Virgin Islands, and on May 1, 2013 filed an amended complaint. On August 6, 2013, the Clerk of the Court of the Virgin Islands issued a summons for defendant Peng, who according to the address listed on the summons, resided in Coppell, Texas. After considering multiple motions to dismiss for improper venue, the case was transferred to the District of New Jersey on May 1, 2014. On March 22, 2016, almost three years after plaintiffs filed the amended complaint, plaintiffs served Peng with the summons and amended complaint at his home in Coppell, Texas. Plaintiffs served Peng with the August 2013 summons, which was issued and signed by the Clerk of the Court for the Virgin Islands and contains the case name and civil index number from that District. The summons fails to make any mention of the District of New Jersey and does not contain the correct civil case index number or caption. Plaintiffs' counsel, however, ultimately came to the conclusion that, as they had alleged in the complaint, that Peng resided in the Peoples Republic of China. Plaintiffs' counsel apparently reached such conclusion because all of Tibet's operations are in China, the IPO Prospectus lists a Chinese business address for Peng, and information readily available on the Internet is consistent with plaintiffs' belief that Peng resided in China, but plaintiffs took no steps to serve Peng in China and did not request for an extension of time. After he was served, Peng filed a motion on April 14, 2016, seeking dismissal due to improper service of process pursuant to Federal Rules of Civil Procedure 12(b)(4) and (b)(5), and for lack of personal jurisdiction pursuant to Rule 12(b)(2). Judge Clark terminated Peng's motion on April 22, 2016, permitting the parties to take limited jurisdictional discovery on issues raised in the motion. After conducting this limited discovery, Peng refiled his motion to dismiss. Peng argues that the amended complaint should be dismissed as to him because the summons was improper and plaintiffs failed to effect service within the time allowed under Rule 4(m). Peng continues that there is no basis upon which the court should extend plaintiffs' time to serve him. Peng also maintains that the court does not have general or specific personal jurisdiction over him because plaintiffs failed to plead that he has any contacts with New Jersey. Plaintiffs counter that although they failed to serve Peng in a timely fashion, the court should extend the time in which they may serve Peng. Plaintiffs argue that good cause exists for the court to grant an extension, or, alternately, that the court should exercise its discretion to grant an extension of time to effect service. Plaintiffs also argue that the court has personal jurisdiction over Peng because he signed Tibet's Registration Statement. Judge Vazquez refused to provide plaintiffs with an extension of time to serve Peng. Plaintiffs have been represented by counsel since the case was filed in 2012, and failed to seek an extension of time in which to serve Peng until Peng filed his motion to dismiss. Moreover, plaintiffs did not serve Peng until two and half years after their initial time to effect service expired, and more than four months after receiving the document that allegedly indicated to Plaintiffs that Peng actually resided in Coppell, Texas. Plaintiffs also failed to provide any factual detail to support their claim that they attempted in good faith to effectuate service. In sum, Plaintiffs fail to provide the court with any facts upon which it could reasonably conclude that a discretionary extension of time is justified, even taking into account the fact that the statute of limitations has run on plaintiffs' claims against Peng. Defendant Youhang Peng's motion to dismiss is granted. The amended complaint is dismissed as to Peng without prejudice pursuant to Fed. R. Civ. P. 12(b)(5). A copy of Judge Vazquez's opinion dated March 31, 2017, is available at https://goo.gl/vDvSgz from Leagle.com. Robin Joachim Dartell, Plaintiff, represented by ERICA L. STONE -- estone@rosenlegal.com -- LAURENCE M. ROSEN -- lrosen@rosenlegal.com -- at THE ROSEN LAW FIRM PA LEE FISHMAN and MING YANG, Consolidated Plaintiffs, represented by LAURENCE M. ROSEN -- lrosen@rosenlegal.com -- at THE ROSEN LAW FIRM PA Hayden Zou and Youhang Peng, Defendants, represented by SCOTT CARGILL -- scargill@lowenstein.com -- at Lowenstein Sandler LLP MCCARTHY DOWNS III, Defendant, represented by ROBERT J. BRENER -- robert.brener@leclairryan.com -- at LeClairRyan ACQUAVELLA, CHIARELLI, SHUSTER, BERKOWER & CO., LLP, Defendant, represented by MICHAEL ROBERT MCANDREW -- NICOLE B. LIEBMAN -- at WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP HSBC BANK USA, NA, Respondent, represented by LOUIS SMITH -- smithlo@gtlaw.com -- at GREENBERG TRAURIG, LLP TOKAI PHARMACEUTICALS: Sued Over Prop. Otic Share Acquisition ------------------------------------------------------------- Jason Wilson, on behalf of himself and all others similarly situated v. Tokai Pharmaceuticals, Inc., Jodie P. Morrison, Seth L. Harrison, Stephen Buckley, Jr., Cheryl L. Cohen, David A. Kessler, and Joseph A. Yanchik III, Case No. 1:17-cv-10645 (D. Mass., April 14, 2017), is brought on behalf of all holders of the common stock of Tokai Pharmaceuticals, Inc., to enjoin the vote on a proposed transaction, pursuant to which Tokai will purchase all of the ordinary and preferred shares of Otic Pharma, Ltd. in exchange for shares of Tokai common stock. According to the complaint, Tokai filed a Definitive Proxy Statement on Schedule 14A with the U.S. Securities and Exchange Commission, which recommends that Tokai stockholders vote in favor of the Proposed Transaction. However, the Proxy Statement omits or misrepresents material information concerning, among other things: (i) Tokai management's projections, including the projections utilized by the Company's financial advisor, Wedbush Securities Inc. in its financial analyses; (ii) the valuation analyses prepared by Wedbush in connection with the rendering of its fairness opinion; (iii) Wedbush's potential conflicts of interest; and (iv) material information concerning the background of the process leading up to the Proposed Transaction. The failure to adequately disclose such material information constitutes a violation of the Exchange Act as Tokai stockholders need such information in order to cast a fully-informed vote in connection with the Proposed Transaction. To remedy defendants' Exchange Act violations, Plaintiff seeks to enjoin the stockholder vote on the Proposed Transaction unless and until such problems are remedied. Tokai Pharmaceuticals, Inc. is a biopharmaceutical company focused on developing and commercializing therapies for prostate cancer and other hormonally driven diseases. [BN] The Plaintiff is represented by: Mitchell J. Matorin, Esq. MATORIN LAW OFFICE, LLC 18 Grove Street, Suite 5 Wellesley, MA 02482 Telephone: (781) 453-0100 E-mail: mmatorin@matorinlaw.com - and - Juan E. Monteverde, Esq. MONTEVERDE & ASSOCIATES PC The Empire State Building 350 Fifth Avenue, Suite 4405 New York, NY 10118 Telephone: (212) 971-1341 E-mail: jmonteverde@monteverdelaw.com TOPGOLF USA: Doesn't Properly Pay Employees, "Bell" Suit Claims --------------------------------------------------------------- Timothy Bell, on behalf of himself and on behalf of all others similarly situated v. TopGolf USA Riverwalk, LLC; TopGolf USA Gilbert, LLC; and TopGolf International, Inc., Case No. 2:17-at- 99904 (D. Ariz., April 14, 2017), is brought against the Defendants for failure to pay full minimum wage rate and overtime wage rate in violation of the Fair Labor Standards Act. The class members worked for the Defendants as servers, bussers, and bartenders, bar back, food runner, waitresses, and bayhost. The Defendants operate a driving range and a restaurant in Scottsdale and Gilbert, Arizona. [BN] The Plaintiff is represented by: Beatriz Sosa-Morris, Esq. SOSA-MORRIS NEUMAN ATTORNEYS AT LAW 5612 Chaucer Dr. Houston, TX 77005 Telephone: (281) 885-8844 Facsimile: (281) 885-8813 E-mail: bsosamorris@smnlawfirm.com TRAVELERS INDEMNITY: Kalista et al. Allege Wage & Labor Violations ------------------------------------------------------------------ RAYMOND KALISTA, MICHAEL ZYMANTAS, BRIAN DEAL, RODNEY TROXLER, AND CHUCK BURKETT, individually, and on behalf of all others similarly situated, the Plaintiff, v. TRAVELERS INDEMNITY COMPANY and DOES 1-20, inclusive, the Defendant, Case No.RG17857871 (Cal. Super. Ct. Apr. 25, 2017), seeks to recover overtime wages and minimum wage for all hours worked under California Labor Code and Wage Order. Each Plaintiff worked as a claims adjuster on the Catastrophe Response Team (CAT Adjuster) for Travelers Indemnity Company. Travelers uses its Catastrophe Response Team to evade California's workplace protections by sending CAT Adjusters from other states to supplement its California'-based workforce, without providing them the benefits of California labor law. Plaintiffs bring this action on behalf of a class of similarly situated CAT Adjusters pursuant to California Code of Civil Procedure section 382. They also bring this action on a representative basis pursuant to the Private Attorneys General Act of 2004, California Labor Code, on a representative basis. Since four years before the filing of this complaint, Travelers has regularly sent CAT Adjusters to locations throughout California to supplement its local workforce. Generally, CAT Adjusters are required to work in California for periods of twenty-eight days at a time. During these periods, Travelers requires CAT Adjusters to work seven days a week for at least twelve hours a day. Travelers tells CAT Adjusters that they are not entitled to overtime pay or meal and rest breaks because the laws of their home states apply no matter where they are working, and because they are exempt from California's protections The California Labor Code requires employers to provide, among other things, minimum and overtime wages, meal and rest periods, and accurate itemized wage statements to all employees while they are performing work in California. By erroneously failing to apply California labor protections to CAT Adjusters while they were working for extended periods in California, and by erroneously classifying CAT Adjusters as exempt employees, Travelers violated requirements of the California Labor Code and Industrial Welfare Commission Order No. 4-2001 (Wage Order 4). Travelers has consistent policies and/or practices of: (1) permitting, encouraging, and/or requiring CAT Adjusters to work in excess of eight hours per day and/or in excess of forty hours per week without paying them overtime compensation for work in California; (2) failing to pay CAT Adjusters a minimum wage for all hours worked for work California; (3) failing to provide CAT Adjusters with adequate duty-free meal periods of at least one half hour for every five hours worked for work in California; (4) failing to provide CAT Adjusters with adequate duty-free, paid rest periods of at least ten minutes for every four hours or major fraction thereof worked for work in California; (6) willfully failing to pay compensation owed to CAT Adjusters whose employment with Travelers terminated; (7) knowingly and intentionally failing to furnish timely and accurate itemized wage statements to CAT Adjusters for work in California; and (8) unlawfully failing to keep accurate payroll records of total horn s worked and wages paid to CAT Adjusters for work in California. These practices violated provisions of the California Labor Code on a classwide basis. They also violated the California Unfair Competition Law, Cal. Bus. & Profs. Code. Travelers is an insurance company that employs CAT Adjusters to travel around the United States to local offices where it anticipates high volumes of claims.[BN] The Plaintiffs are represented by: Laura L. Ho, Esq. Raymond Wendell, Esq. Ginger Grimes, Esq. GOLDSTEIN, BORGEN, DARDAR1AN & HO 300 Lakeside Drive, Suite 1000 Oakland, CA 94612 Telephone: (510) 763 9800 Facsimile: (510) 835 1417 E-mail: lho@gbdhlegal.com rwendell@gbdhlegal.com ggiimes@gbdhlegal.com - and - Kevin Shenkman, Esq. SHENKMAN & HUGHES PC 28905 Wight Road Malibu, CA 90265 Telephone: (310) 457 0970 E-mail: kshenkman@shenkmanhughes.com TXEN PARTNERS: "Gutierrez" Sues Over Illegal Telemarketing Calls ---------------------------------------------------------------- Frank Gutierrez, individually and on behalf of all others similarly situated, Plaintiff, v. TXEN Partners, LLC, Defendant, Case No. 8:17-cv-00738, (C.D. Cal., April 21, 2017), seeks actual and statutory damages, costs and reasonable attorney's fees and such other and further relief for negligent violations of the Telephone Consumer Protection Act. TXEN Partners, LLC is an insurance company, who through the use of an automatic telephone dialing system, contacted Plaintiff on his cellular telephone number in an attempt to solicit Plaintiff to purchase Defendant's insurance policies. These calls were not emergency calls and did not have explicit permission from the Plaintiff. [BN] Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. Meghan E. George, 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 Email: tfriedman@toddflaw.com abacon@toddflaw.com mgeorge@toddflaw.com U.S. RENAL: Accused of Wage & Hour Violations in "Whitaker" Suit ---------------------------------------------------------------- DAVID WHITAKER, individually and on behalf of all others similarly situated, the Plaintiff, v. U.S. RENAL CARE, INC.; and DOES 1 through 20, inclusive the Defendant, Case No. BC59229 (Cal. Super. Ct., Apr. 26, 2017), seeks to recover, among other things, civil penalties (including the unpaid wages), attorney's fees and costs and expenses pursuant to the Private Attorneys General Act of 2004 (PAGA). The Plaintiff alleges 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. The Plaintiff alleges that Defendants have increased their profits by violating state wage and hour laws by, among other things: (a) Failing to pay all wages (including minimum wages and overtime wages); (b) Failing to provide meal periods or compensation in lieu thereof; (c) Failing to authorize or permit rest breaks or provide compensation; (d) Failing to provide accurate itemized wage statements; and (e) Failing to pay all wages due upon separation of employment. The Defendants operate dialysis centers throughout California.[BN] The Plaintiff is represented by: Kashif Haque, Esq. Samuel A. Wong, Esq. Jessica L. Campbell, Esq. Ali S. Carlsen, Esq. AEGIS LAW FIRM, PC 9811 Irvine Center Drive, Suite 100 Irvine, CA 92618 Telephone: (949) 379 6250 Facsimile: (949) 379 6251 UNITED CEREBRAL: Court Certified Class of Home Healthcare Workers ----------------------------------------------------------------- In the lawsuit entitled SAM ADAMS, individually and on behalf of others similarly situated, the Plaintiff, v. UNITED CEREBRAL PALSY OF CENTRAL ARKANSAS, INC., d/b/a United Cerebral Palsy of Arkansas; PAULA RADER; and LARRY STANG, Case No. 4:16-cv-00930-JLH (E.D. Ark.), the Hon. District Judge J. Leon Holmes entered an order granting in part and denying in part plaintiff's motion for conditional certification, for approval and distribution of notice, and for disclosure of contact information. The Court certified the class to include: "all home healthcare workers employed by the defendant or any of its affiliated entities since January 1, 2015". The Court said, "Here, the affidavits of Sam Adams and Mary Branch establish that a number of employees of the defendants hold the same job title, work in the same geographic region, experienced alleged violations of the Fair Labor Standards Act during the same time period, and were subject to the same policies and practices. While the specific jobs may have differed based upon the requirements of the specific patients, with respect to the issues that are relevant under the Fair Labor Standards Act, at this lenient conditional certification stage, the evidence is sufficient to establish that a number of employees are similarly situated. The undersigned does not require plaintiffs in a Fair Labor Standards Act case to establish that other potential class members desire to opt in". A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=A5vwCTPW UNITED STATES: FCC Solicited Fax Rule Unlawful, D.C. Court Says --------------------------------------------------------------- The United States Court of Appeals, District of Columbia Circuit, vacated the Federal Communications Commission's order and remanded the case styled BAIS YAAKOV OF SPRING VALLEY, ET AL., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION AND UNITED STATES OF AMERICA, Respondents. QUILL CORPORATION, ET AL., Intervenors, No. 14-1234, Consolidated with Nos. 14-1235, 14-1239, 14-1243, 14-1270, 14- 1279, 14-1292, 14-1293, 14-1294, 14-1295, 14-1297, 14-1299, 14- 1302 (D.C.) Petitioner Anda is a company that sells generic drugs. As part of its business, Anda faxes advertisements to small pharmacies. Anda's fax advertisements convey pricing information and weekly specials to the pharmacies. Many pharmacies have given permission to Anda for Anda to send those faxes. In 2006, the Federal Communications Commission (FCC) issued a rule that requires businesses to include opt-out notices not just on unsolicited fax advertisements, but also on solicited fax advertisements. The FCC's new rule mandates that senders of solicited faxes comply with a statutory requirement that applies only to senders of unsolicited faxes. In 2008, Anda had been sued in a class action in Missouri state court for alleged violations of the FCC's Solicited Fax Rule. Many of the plaintiff pharmacies in the case admitted that they had expressly given permission to Anda for Anda to send fax advertisements to the plaintiffs. But the plaintiffs nevertheless sought over $150 million in damages from Anda because Anda's fax advertisements allegedly did not include opt-out notices that complied with the Solicited Fax Rule's requirements. In 2010, Anda sought a declaratory ruling from the FCC clarifying that the Act does not require an opt-out notice on solicited fax advertisements that is, those that are sent with the recipient's prior express permission. In response to Anda's petition, the FCC adhered to its interpretation of the Act as providing the FCC with the authority to require opt-out notices on solicited faxes as well as unsolicited faxes. The FCC says that the Act's requirement that businesses include opt-out notices on unsolicited fax advertisements grants the FCC the authority to also require businesses to include opt-out notices on solicited fax advertisements, that is, those fax advertisements sent with the permission of the recipient. The court held that the FCC's 2006 Solicited Fax Rule is unlawful to the extent that it requires opt-out notices on solicited faxes. The text of the Act does not grant the FCC authority to require opt-out notices on solicited faxes. The order is vacated and the case is remanded for further proceedings. A copy of the order dated March 31, 2017, is available at https://goo.gl/Ekx1Ju from Leagle.com. Matthew A. Brill -- matthew.brill@lw.com -- Matthew T. Murchison - - matthew.murchison@lw.com -- Jonathan Y. Ellis -- jonathan.ellis@lw.com -- at Latham and Watkins LLP; Samuel L. Feder -- sfeder@jenner.com -- Matthew E. Price -- mprice@jenner.com -- at Jenner & Block; Robert A. Long -- rlong@cov.com -- Yaron Dori -- ydori@cov.com -- Michael Beder -- mbeder@cov.com -- at Covington & Burling LLP; Marie Tomassi -- MTomassi@trenam.com -- at Trenam Law; Joseph R. Palmore -- jpalmore@mofo.com -- at Morrison Foerster; Thomas R. McCarthy -- tom@consovoymccarthy.com -- at Consovoy McCarthy Park PLLC; Helgi C. Walker -- hwalker@gibsondunn.com -- at Gibson Dunn; Kim E. Rinehart -- krinehart@wiggin.com -- Jeffrey R. Babbin -- jbabbin@wiggin.com -- at Wiggin and Dana; Blaine C. Kimrey -- bkimrey@vedderprice.com -- Bryan K. Clark -- bclark@vedderprice.com -- at Vedder Price, for Class Action Defendant Petitioners Megan L. Brown -- mbrown@wileyrein.com -- Brett A. Shumate -- bshumate@wileyrein.com -- at Wiley Rein LLP, for amici curiae National Federation of Independent Business Small Business Legal Center and Consumers' Research in support of the Class Action Defendant Petitioners Aytan Y. Bellin -- at Bellin & Associates; Roger Furman; Phillip A. Bock -- phil@classlawyers.com -- David M. Oppenheim -- david@classlawyers.com -- at Bock, Hatch, Lewis & Oppenheim, LLC; Glenn L. Hara -- GHara@andersonwanca.com -- at Anderson Wanca, for Waiver Petitioners Bais Yaakov of Spring Valley, et al. Allison M. Zieve -- Scott L. Nelson -- at Public Citizen Litigation Group, for amicus curiae Public Citizen, Inc. in support of the Waiver Petitioners Matthew J. Dunne -- at The Office of Matthew J. Dunne, PLLP; William J. Baer -- Assistant Attorney General, U.S. Department of Justice; Robert B. Nicholson; Steven J. Mintz; Jonathan B. Sallet; Kristen C. Limarzi -- at Attorney, U.S. Department of Justice, for Federal Communications Commission US BANCORP: "Leeson" Class Suit Removed to S.D. W. Va. ------------------------------------------------------ The class action lawsuit captioned George Leeson and Jacob Crum, on behalf of themselves and all others similarly situated v. U.S. Bancorp Government Leasing and Finance, Inc. as Trustee for the benefit of the Holders of COMM 2013-CCRE12 Mortgagee Trust Commercial Mortgage Pass-Through Certificates, Wells Fargo Commercial Mortgage Servicing, and Gold Coast Partners LLC, Case No. 17-C-326, was removed on April 13, 2017, from the Kanawha County Circuit to the U.S. District Court for the Southern District of West Virginia (Charleston). The District Court Clerk assigned 2:17-cv-02328 to the proceeding. U.S. Bancorp Government Leasing and Finance, Inc. is one of the largest equipment finance providers in the United States. Wells Fargo Commercial Mortgage Servicing and Gold Coast Partners LLC operate a real estate investment company in the United States. [BN] The Plaintiff is represented by: Alexander D. McLaughlin, Esq. W. Stuart Calwell, Esq. THE CALWELL PRACTICE P. O. Box 113 Charleston, WV 25321-0113 Telephone: (304) 343-4323 Facsimile: (304) 344-3684 E-mail: amclaughlin@calwelllaw.com scalwell@calwelllaw.com - and - John H. Skaggs, Esq. THE CALWELL PRACTICE Law and Arts Center West 500 Randolph Street Charleston, WV 25302 Telephone: (304) 343-4323 Facsimile: (304) 344-3684 E-mail: jskaggs@calwelllaw.com The Defendant is represented by: Gerard R. Stowers, Esq. J. Mark Adkins, Esq. BOWLES RICE MCDAVID GRAFF & LOVE P. O. Box 1386 Charleston, WV 25325-1386 Telephone: (304) 347-1100 Facsimile: (304) 347-1756 E-mail: gstowers@bowlesrice.com madkins@bowlesrice.com - and - Jessie F. Reckart, Esq. BOWLES RICE, Suite K 7000 Hampton Center Morgantown, WV 26505 Telephone: (304) 285-2500 Facsimile: (304) 285-2530 E-mail: jreckart@bowlesrice.com VERNON E & I: Tenorio Alleges Wage & Labor Violations ----------------------------------------------------- ANDRES MARTINEZ TENORIO and JOSE ALFREDO TENORIO, the Plaintiff, v. VERNON E & I CORP. d/b/a E & I DELI & GROCERY and CHAN KIM, as an individual, the Defendant, Case No. 1230/2017 (N.Y. Sup. Ct., April 25, 2017), seeks to recover damages for egregious violations of state overtime wage laws arising out of Plaintiff's employment at Vernon E & I. The Plaintiff was employed by Defendants as a grill worker, while performing other miscellaneous tasks, at E & I DELI & GROCERY, currently located at 49-12 Vernon Boulevard, Long Island City, New York 11101. The Plaintiff was paid by Defendants approximately $550.00 per week from in or around September 2008 until in or around October 2016. Although Plaintiff worked approximately 65hours per week or more per week from in or around September 2008 until in or around October 2016, Defendants did not pay Plaintiff time and a half (1.5) of his regular hourly wage for hours worked over 40, an allegedly blatant violation of the overtime provisions contained in the New York Labor Law.[BN] The Defendants own and/or operate Grocery business. The Plaintiff is represented by: Roman Avshalumov, Esq. HELEN F. DALTON & ASSOCIATES, P.C. 69-12 Austin Street Forest Hills, NY 11375 Telephone: (718) 263 9591 Facsimile: (718) 263 9598 The Defendants are represented by: William H. Ng, Esq. 290 Broadhollow Rd. Ste. 305 Melville, NY 11747 WELLS FARGO: Faces "Pieterson" Suit in N.D. California ------------------------------------------------------ A class action lawsuit has been filed against Wells Fargo Bank, N.A. The case is titled as Albert Pieterson, on behalf of himself and all others similarly situated, the Plaintiff, v. Wells Fargo Bank, N.A., the Defendant, Case No. #: 3:17-cv-02306 (N.D. Cal., Apr. 25, 2017). Wells Fargo is a provider of banking, mortgage, investing, credit card.[BN] The Plaintiff appears pro se. WERNER ENTERPRISES: "Vester" Suit Transferred to D. Nebraska ------------------------------------------------------------ The class action lawsuit titled BRIAN VESTER, and JOEL MORALES, individually and on behalf of all others similarly situated, the Plaintiffs, v. WERNER ENTERPRISES, INC. AND DRIVERS MANAGEMENT LLC, the Defendants, Case No. 5:17-cv-00096 (filed Dec. 15. 2016), was transferred on April 26, 2017 from the U.S. District Court for the Central District of California, to the U.S. District Court for the District of Nebraska. The District Court Clerk assigned Case No. 8:17-cv-00145 to the proceeding. Werner Enterprises is an American freight carrier and transportation and logistics company headquartered in Omaha, Nebraska. It was founded in 1956 by Executive Chairman, Clarence L. Werner.[BN] The Plaintiffs are represented by: Grace E. Parasmo, Esq. Yitzchak H. Lieberman, Esq. PARASMO, LIEBERMAN LAW FIRM 7400 Hollywood Boulevard, Suite 505 Los Angeles, CA 90046 Telephone: (646) 509 3913 Facsimile: (877) 501 3346 The Defendants are represented by: J. Kevin Lilly, Esq. Scott M. Lidman, Esq. Ian T. Maher, Esq. LITTLER MENDELSON, P.C. 2049 Century Park East 5th Floor Los Angeles, CA 90067 3107 Telephone: 310 553 0308 Facsimile: 310 553 5583 E-mail: klilly@littler.com slidman@littler.com imaher@littler.com WEST COAST RUBBER: "Lopez" Suit Seeks Certification of FLSA Class ----------------------------------------------------------------- In the lawsuit styled RAYMUNDO LOPEZ, on behalf of himself and others similarly situated employees, the Plaintiffs, v. WEST COAST RUBBER RECYCLING, INC.; CAMEROM WRIGHT; and ANNE WRIGHT, the Defendants, Case No. 5:16-cv-06204-EJD (N.D. Cal.), the Plaintiff will move the Court on June 1, 2017 for an order: 1. certifying a class pursuant to the Fair Labor Standards Act: "nonexempt hourly production yard employees and drivers who were subjected to a plan, scheme, and decision of West Coast Rubber Recycling, Inc. to deny them the majority of their overtime compensation by paying them with a separate check or cash, as their regular rate of pay." 2. directing Defendants to produce names, addresses, email addresses, and telephone numbers of potential opt-in members in a computer-readable data file; 3. setting a date of 63 days from service of the Opt-in Notice for potential class members to join the action; 4. appointing Raymundo Lopez as the Lead Plaintiff and Robert David Baker, Inc., as counsel for the putative class. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=XRFfa92I The Plaintiff is represented by: Robert David Baker, Esq. ROBERT DAVID BAKER, INC. 80 South White Road San Jose, CA 95127 Telephone: (408) 251 3400 Facsimile: (408) 251 3401 E-mail: rbaker@rdblaw.com WISE ESPRESSO: Faces "Khalilov" Suit in E.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Wise Espresso. The case is captioned as Andrey Khalilov and Ekaterina Suprun, on behalf of themselves and all others similarly situated, the Plaintiffs, v. Wise Espresso Bar Corp., d/b/a Wise Espresso Bar, Diana Suleymanova, and Rasul Igamberdiev, the Defendants, Case No. 1:17-cv-02488 (E.D.N.Y., Apr. 25, 2017). Wise Espresso offers colorful, stylish spot with refined cafe fare & specialty drinks, plus all-day breakfast & desserts.[BN] The Plaintiffs appear pro se. ZELTIQ AESTHETICS: Sued Over CoolSculpting System in "Otero" Case ----------------------------------------------------------------- CARMEN OTERO and ABBEY LERMAN, as individuals and on behalf of other members of the general public similarly situated, the Plaintiff, v. ZELTIQ AESTHETICS, INC, a Delaware corporation; and DOES 1-10, inclusive, the Defendant, Case No. BC659192 (S.D. Fla., Apr. 26, 2017), seeks to enjoin Defendants from further deceptive advertising, sales, and other business practices with respect to its representations regarding the CoolSculpting system and treatments. The case arises out of the unlawful, false, misleading, and deceptive marketing practices used by Defendants with regard to its CoolSculpting system and procedures. Defendants have deceptively led customers to believe that they were purchasing, for a premium price, medical treatments that have gone through the rigorous FDA-approval process, with all of the safety and efficacy that this implies. However, in reality, Defendants' CoolSculpting system has merely received 510(k) premarket notification clearance ("510(k)"), not premarket FDA approval ("PMA"), a crucial distinction that Defendants misrepresent and/or fail to disclose to consumers. PMA requires rigorous trials and testing, and comes with an endorsement by the FDA as to the safety and effectiveness of a product, while 510(k) merely entails a finding by FDA that Defendants' medical device is substantially equivalent to a pre-existing device that was that was in commercial distribution before May 28, 1976, the enactment date of the Medical Device Amendments (MDA) to the Federal Food, Drug and Cosmetic Act (FDCA). The CoolSculpting system is a medical device which is manufactured, marketed, distributed, and sold by Zeltiq Aesthetics, Inc.[BN] The Plaintiffs are represented by: Lee A. Cirsch, Esq. Robert K. Friedl, Esq. Trisha K. Monesi, Esq. CAPSTONE LAW APC 1875 Century Park East, Suite 100.0 Los Angeles, CA 90067 Telephone: (310) 556 4811 Facsimile: (310) 943 0396 E-mail: Lee.Cirsch@capstonelawyers.com Robert.Friedl@capstonelawyers.com Trisha.Monesi@capstonelawyers.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala, Joy A. Agravantefor, Valerie Udtuhan, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2017. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. 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