/raid1/www/Hosts/bankrupt/CAR_Public/170508.mbx
C L A S S A C T I O N R E P O R T E R
Monday, May 8, 2017, Vol. 19, No. 91
Headlines
311 W90: Excel Builders Seeks $230,161 for Breach of Contract
ALDOUS & ASSOCIATES: Faces "Rhodes" Suit in E.D. New York
ALL CELLULAR: Accused of Wage & Hour Violations in "Garcia"
ALLIANCE MMA: "Shulman" Suit Alleges Securities Law Violations
ALT FACTORY: Accused of Wage & Hour Violations in "Morales" Suit
AMERICAN FIRE: Faces "Portugal" Suit over Overtime Wage
ANSAM COMMERCIAL: Faces 13-50 River Suit in E.D. New York
ARAKELIAN ENTERPRISES: Ramirez et al. Sue over Unpaid Wages
ARS NATIONAL: Faces "Bonti" Suit in Eastern Dist. of New York
BERKELEY UNIFIED SCHOOL: Students File Class Suit in N.D. Cal.
BEST BUY: "Bautista" Suit Transferred from C.D. Cal to N.D. Cal.
BHART & HARISH: "Solano" Suit Seeks Unpaid Wages Under Labor Code
BILLY'S STONE: Fails to Pay Overtime Wage, "Rodriguez" Suit Says
BROOKLYN BOTANICAL: Faces "Kiler" Suit in E.D. New York
COMBINED INSURANCE: Court Denied Class Certification in "Dolmage"
COTY INC: "Bowens" Suit Transferred from M.D. Ala. to S.D. Ala.
CREDIT CONTROL: Faces "Cruz" Suit in Eastern Dist. of New York
DOORDASH INC: Faces "Marko" Wage-and-Hour Class Suit
EARTHGRAINS DISTRIBUTION: "Urena" Suit Seeks Class Certification
ELECTRICITY MAINE: Zurich American Refuses to Undertake Defense
ENDO INTERNATIONAL: Sergeants Benevolent Suit Moved to E.D. Pa.
EXPRESS COURIER: Drivers Class Certification Sought in "Harris"
FELICIA NORWOOD: Class Certification Hearing Continued to July 14
FIRSTSOURCE ADVANTAGE: Faces "Rotella" Suit in E.D. New York
FLURRY LIVE: Padron et al. Sue Over Spam Text Messages
FOREST LAWN: "Estrada" Suit Seeks Damages Under Labor Code
FRANK & ISRAEL: Class Certification Sought in Palm Beaches Suit
FRESENIUS KABI: Shannon Seeks to Enjoin Akorn Inc. Merger
FYRE MEDIA: Chinery et al. Sued Over Bahamas Music Festival
GENESEE GRANDE: Faces "Kiler" Suit in Eastern Dist. of New York
GULLIVER'S TAVERN: Certification of Entertainers Class Sought
HANSON AGGREGATES: Faces "Post" Suit in Texas State Court
HOBBY LOBBY: Faces "Chase" Suit in Southern Dist. of California
HUMAN RESOURCE PROFILE: Lamones Seeks to Certify Class
HUMANA INC: Certification of Healthcare Coordinators Class Sought
INTEGRITY HOME: Court Conditionally Certified Care Aides Class
JEFFERSON CLINTON: Faces "Kiler" Suit in E.D. New York
KISS MY FACE: Faces "Dai" Suit in New York Supreme Court
LANNETT COMPANY: Pension Funds' Suit Moved to E.D. Pa.
LEGO SYSTEMS: Faces "Gomez" Suit in Southern District of Florida
LIBERTY INSURANCE: Bid for Class Certification Partly Granted
LLR INC: "Goodwin" Suit Moved to N.D. Ohio
MEC CONSTRUCTION: "Pritt" Suit Seeks Unpaid Wages Under FLSA
MIDWAY IMPORTING: "Rivera" Suit Moved to S.D. New York
MLTD INC: Faces "Caballero" Wage and Hour Class Suit
MONDELEZ GLOBAL: Faces "McCue" Suit in N.Y. State Court
MONDELEZ INTERNATIONAL: "Winn" Suit Moved to N.D. California
MONINI NORTH AMERICA: Faces "Jessani" Suit in S.D. New York
MONSANTO COMPANY: Sued in E.D.N.C. Over Sale of Herbicide Roundup
MOSS MANAGEMENT: Faces "Townsend" Wage-and-Hour Suit
MRS BPO: Faces "Dipisa" Suit in Eastern District of New York
MRS BPO: Faces "Dykes" Suit in Eastern District of New York
MRS BPO: Faces "Messina" Suit in Eastern District of New York
NEW YORK: Accused of Overstating Taxi Medallions' Value
NORTHLAND GROUP: Faces "Bakon" Suit in E.D. New York
NORTHLAND GROUP: Faces "Schaechter" Suit in E.D. New York
NORTHSTAR LOCATIONS: Faces "Lasri" Suit in E.D. New York
PACIFIC COAST: Faces "Serrano" Wage & Hour Suit
PHELAN & HALLINAN: Certification of Unknown Tenant Class Sought
PIER ENTERPRISES: Class Certification Sought in "Reyes" Suit
PIOLA PROPERTY: Faces "Jorge" Suit Over Breach of Contract
Q.E.D. ENVIRONMENTAL: FLSA Class Certification Partly Granted
RALPHS GROCERY: Levin Sues over Inflated Price of Plastic Bags
RELIANCE TRUST: Class Certification Bid in "Feinerman" Denied
RESURGENT CAPITAL: Faces "Kalmenson" Suit in E.D. New York
RFUTURE CORP: Placeholder Motion for Class Certification Filed
RGS FINANCIAL: Faces "Shaw" Suit in Eastern District of New York
RGS FINANCIAL: Faces "Frohnhoefer" Suit in E.D. New York
RICHARDSON STEVEDORING: Certification of Riggers Class Sought
RURAL KING: Faces "Gunaris" Suit in Northern District of Ohio
RUSHMORE LOAN: Court Denied Class Certification Bid in "Sellers"
S.W. QUEENS: Faces "Niemyski" Suit in New York Supreme Court
SABATINO TRUFFLES: Olive Oil Lacks Truffle, "Quiroz" Suit Says
SAMSUNG ELECTRONICS: Faces "Jones" Suit in W.D. Florida
SEPTA: Rejects Job Applicants with Criminal Records, Suit Claims
SPECTRUM SOFTWARE: Health Care Sys. Sues Over Spam Advertisements
STEAK N SHAKE: Conditional Certification of FLSA Class Sought
STEPHEN EINSTEIN: Faces "Buslayev" Suit in E.D. New York
TAYLOR SMITH: Court Granted Bid to Conditionally Certify Class
TRANSWORLD SYSTEMS: Faces Fagen et al. Wage-and-Hour Suit
TSG COLLECTIONS: Faces "Gendelberg" Suit in E.D. New York
UNION SETTLEMENT: Morales Seeks Unpaid OT Wages
UNION TURNPIKE: Takhalov Seeks Unpaid Wages Under Labor Code
UNITED COLLECTION: Faces "Sims" Suit in E.D. New York
UNITED COLLECTION: Faces "Hertzovitz" Suit in E.D. New York
UNITED COLLECTION: Faces "Gueta" Suit in E.D. New York
UNUM GROUP: Faces "Remington" Suit in Southern Dist. of Florida
VENGROFF WILLIAMS: "Curry" Suit Seeks Moved to E.D. New York
WCAY INC: Accused of Wage & Hours Violations in "Mitchell" Suit
WORLDVENTURES HOLDINGS: Yiru Sues over Alleges Pyramid Scheme
ZWICKER & ASSOCIATES: Faces "Fasman" Suit in E.D. New York
*********
311 W90: Excel Builders Seeks $230,161 for Breach of Contract
-------------------------------------------------------------
EXCEL BUILDERS & RENOVATORS, INC., on behalf of itself and all
other parties who are similarly situated, the Plaintiffs, v. 311
W90 LLC, ROCKRIDGE GROUP LLC, ROBERT ARZANIPOUR, SHADI ARZANIPOUR,
and RIDGE ABSTRACT CORP., the Defendants, Case No. 508901/2017
(N.Y. Sup. Ct., May 1, 2017), seeks to recover damage for breach
of contract in the sum of $230,161.82 plus interest at the
contract rate.
The Defendant entered into a written contract with Excel made as
of May 18, 2014, for Excel to complete the Project. The contract
was amended by change orders. That at the special instance and
request of Defendants and Rockridge Group, between May 18, 2014
and January 30, 2016, plaintiff Excel performed work, labor,
services, and furnished materials for the Project. The work,
labor, services, and materials included, but are not limited to,
supplying and installing new masonry, steel, HVAC, plumbing, and
finishes. Excel performed all of the terms and conditions of the
Contract and the change orders with defendant 311 W90.
The total agreed price and reasonable value of the work, labor,
and services performed and materials furnished by Excel for
defendants 311 W 90 and Rockridge Group for the Project is
$1,880,541.00. The defendants paid Excel part of the agreed price
and reasonable value, but there remains a balance of $230,161.82
due Excel from defendant 311 W90 on the contract and the change
orders. Excel has demanded payment of the balance due from
defendant 311 W90, but it has failed and refused to pay. Excel has
been damaged in the sum of $230,161.82 plus interest at the
contract rate from January 30, 2016.[BN]
The Plaintiffs are represented by:
Neal S. Dobshinsky, Esq.,
444 Madison Avenue, 4th Fl
New York, New York 10022
Telephone: (212) 344 0900
ALDOUS & ASSOCIATES: Faces "Rhodes" Suit in E.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Aldous & Associates,
P.L.L.C. The case is captioned as Corliss Rhodes, on behalf of
herself individually and all others similarly situated, the
Plaintiff, v. Aldous & Associates, P.L.L.C., the Defendant, Case
No. 1:17-cv-02592 (E.D.N.Y., May 2, 2017).
Aldous and Associates is debt collection firm.[BN]
The Plaintiff appears pro se.
ALL CELLULAR: Accused of Wage & Hour Violations in "Garcia"
-----------------------------------------------------------
LAURA GARCIA, individually and on behalf of all others similarly
situated, the Plaintiff, v. ALL CELLULAR, LLC, a California
Corporation; and DOES 1 through 20, inclusive, the Defendants,
Case No. BC659999 (Cal Super. Ct., May 2, 2017), seeks monetary
relief against Defendants on behalf of herself and all others
similarly situated in California to recover, among other things,
unpaid wages and benefits, interest, attorneys' fees, costs and
expenses and penalties pursuant to Labor Code.
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, all of
which contribute to Defendants' deliberate unfair competition.
Defendants operate a chain of mobile phone stores throughout
California.[BN]
The Plaintiff is represented by:
Kashif Haque, Esq.
Samuel A. Wong, Esq.
Jessica L. Campbell, Esq.
AEGIS LAW FIRM
9811 Irvine Center Drive, Suite 100
Irvine, CA 92618
Telephone: (949) 379 6250
Facsimile: (949) 379 6251
ALLIANCE MMA: "Shulman" Suit Alleges Securities Law Violations
--------------------------------------------------------------
DARREN SHULMAN, Individually and on Behalf of All Others Similarly
Situated, the Plaintiff, v. ALLIANCE MMA, INC., PAUL K. DANNER,
III, and JOHN PRICE, the Defendants, Case No. 1:17-cv-03282
(S.D.N.Y., May 3, 2017, 2017), seeks to recover compensable
damages caused by Defendants' violations of the federal securities
laws.
The case is a federal securities class action on behalf of a class
consisting of all persons and entities other than Defendants who
purchased or otherwise acquired the publicly traded securities of
Alliance pursuant and/or traceable to the Company's initial public
offering on or about October 6, 2016 (IPO).
Alliance MMA's Registration Statement, including the documents it
incorporated by reference, contained materially untrue and
misleading statements and/or omissions. Defendants negligently
allowed the Prospectus to contain materially untrue and misleading
statements and/or omissions to the extent that they knew or should
have known that the Prospectus was materially misleading, but
failed to act in a reasonable manner to prevent the Prospectus
from containing materially misleading statements and/or preventing
the materially misleading Prospectus from being disseminated.
These claims, brought under Sections 11 and 15 of the Securities
Act, are based solely on claims of strict liability and/or the
absence of any affirmative defense based on the reasonableness of
the pertinent Defendants' investigation into the true facts. These
claims are not based on any allegation of fraud, intentional
wrongdoing, or severe recklessness.
Alliance MMA was formed on February 12, 2015 to acquire companies
in the mixed martial arts ("MMA") industry. The Company aims to
create a highly organized feeder organization to the sport's
highest level of professional competition including The Ultimate
Fighting Championship (UFC), Bellator MMA, World Series of
Fighting and other prestigious MMA promotions worldwide.[BN]
The Plaintiff is represented by:
Nicholas I. Porritt
Adam M. Apton
LEVI & KORSINSKY LLP
30 Broad Street, 24th Floor
New York, NY10004
Telephone: (212) 363 7500
Facsimile: (212) 363 7171
Email: nporritt@zlk.com
aapton@zlk.com
ALT FACTORY: Accused of Wage & Hour Violations in "Morales" Suit
----------------------------------------------------------------
SANDRA MORALES, On Behalf of Herself and All Others Similarly
Situated and On Behalf of the General Public as Private Attorneys
General, the Plaintiff, v. ALT FACTORY, INC, a California
corporation; and DOES 1 through 250, inclusive, the Defendant,
Case No. BC659970 (Cal. Super. Ct., May 3, 2017, 2017), seeks
declaratory relief, restitution and compensation for work
performed and moneys due to her and the similarly situated
employees/staff.
The Plaintiff, 45, became employed by Defendant in July 2015 as a
Machine Operator, manufacturing clothing for various stores.
Plaintiff was one of 30-35 Machine Operators working for
Defendants. During her employment, Plaintiff had complained to
management about wage and hour violations.
Plaintiff discovered, from the few pay stubs Plaintiff did
receive, that Federal and state taxes were not being paid.
Additionally, in December 2015, Plaintiff was paid cash for two
weeks' worth of work and was instructed not to clock in during
this time. Plaintiff protested but relented by following the
orders of her supervisor. Further, Plaintiff was required to work
from 7:45 a.m. until 5:00 p.m., but all the employees were
required to clock out at 4:00 p.m. and were not compensated for
the additional hour worked. Defendants failed to keep accurate
records of actual hours worked by all employees.
Alt Factory is doing business in wood television and radio cabinet
manufacturers industry located in Los Angeles, California.[BN]
The Plaintiff is represented by:
Gary R. Carlin, Esq.
Brent S. Buchsbaum, Esq.
Laurel N. Haag, Esq.
Ana L. De La Torre, Esq.
LAW OFFICES OF CARLIN & BUCHSBAUM, LLP
555 East Ocean Blvd., Suite 818
Long Beach, CA 90802
Telephone: (562)432-8933
Facsimile: (562)435-1656
E-mail: gary@carlinbuchsbaum.com
brent@carlinbuchsbaum.com
laurel@carlinbuchsbaum.com
ana@carlinbuchsbaum.com
AMERICAN FIRE: Faces "Portugal" Suit over Overtime Wage
-------------------------------------------------------
MANUEL M PORTUGAL and all others similarly situated under
29 U.S.C. 216(b), the Plaintiffs, v. AMERICAN FIRE SPRINKLER
SERVICES, INC., ANISA OWEIS, OMAR OWEIS, the Defendants, Case No.
1:17-cv-21650-RNS (S.D. Fla., May 3, 2017, 2017), alleges that
Defendants have employed approximately 25 other similarly situated
employees like Plaintiff who have not been paid overtime and/or
minimum wages for work performed in excess of 40 hours weekly from
the filing of this complaint back three years.
The Plaintiff worked for Defendants as a fire sprinkler installer
from December 20, 2002 through on or about April 25, 2017.
Between the period of December 20, 2002, through April 25, 2017
Plaintiff worked an average of 60 hours a week for Defendants and
was paid an average of $20.00 per hour but was never paid the
extra half time rate for any hours worked over 40 hours in a week
as required by the Fair Labor Standards Act. Plaintiff therefore
claims the halftime overtime rate for each hour worked above 40 in
a week. Defendants willfully and intentionally refused to pay
Plaintiff's overtime wages as required by the Fair Labor Standards
Act as Defendants knew of the overtime requirements of the Fair
Labor Standards Act and recklessly failed to investigate whether
Defendants' payroll practices were in accordance with the Fair
Labor Standards Act. Defendants remain owing Plaintiff these wages
since the commencement of Plaintiff's employment with Defendants.
American Fire is in the fire sprinkler system installation
business.[BN]
The Plaintiffs are represented by:
J.H. Zidell, Esq.
J.H. ZIDELL, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Telephone: (305) 865 6766
Facsimile: (305) 865 7167
E-mail: ZABOGADO@AOL.COM
ANSAM COMMERCIAL: Faces 13-50 River Suit in E.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Ansam Commercial
Kitchen & Ventilation Specialists, Inc. The case is titled as
13-50 River Road Corp, doing business as: Empress Diner
individually and as the representative of a class of similarly
situated persons, the Plaintiff, v. Ansam Commercial Kitchen &
Ventilation Specialists, Inc., the Defendant, Case No. 1:17-mc-
01284-ARR (E.D.N.Y., May 2, 2017). The case is assigned to the
Hon. Judge Allyne R. Ross.
Ansam Kitchen is in the business of ventilation and duct work
contracting since 2005.[BN]
The Plaintiff is represented by:
Kim Richman, Esq.
THE RICHMAN LAW GROUP
81 Prospect Street
Brooklyn, NY 11201
Telephone: (718) 705 4579
E-mail: krichman@richmanlawgroup.com
- and -
Phillip A. Bock, Esq.
BOCK & HATCH, LLC
134 N. La Salle St., Suite 1000
Chicago, IL 60602
Telephone: (312) 658 5500
Facsimile: (312) 658 5555
E-mail: phil@bockhatchllc.com
- and -
Tod A. Lewis, Esq.
BOCK, HATCH, LEWIS & OPPENHEIM, LLC
134 North Lasalle Street
Chicago, IL 60602
Telephone: (312) 658 5500
Facsimile: (312) 658 5555
E-mail: tod@classlawyers.com
ARAKELIAN ENTERPRISES: Ramirez et al. Sue over Unpaid Wages
-----------------------------------------------------------
SALVADOR RAMIREZ, VICTOR CASTRO, CUAUHTEMOC HERNANDEZ, and MARIO
BARRAZA, on behalf of themselves and others similarly situated,
the Plaintiffs, v. ARAKELIAN ENTERPRISES, INC. D/B/A ATHENS
SERVICES; and DOES 1 to 100, Inclusive, the Defendant, Case No.
BC659780 (Cal. Super. Ct., May 1, 2017), seeks to recover unpaid
wages under the state Labor Code.
The case is a class action lawsuit seeking unpaid wages and
interest for unpaid wages for all hours worked at minimum wage and
overtime hours worked at the overtime rate of pay due to
Defendants' policy, practice, and/or procedure of requiring
employees' to work off-the-clock; rounding down or shaving down
employees' daily hours worked to the nearest quarter of an
hour; automatically deducting 30 minutes from employees' daily
hours worked for first meal periods; failing to authorize or
permit duty-free first meal periods; failure to authorize or
permit second meal periods; failure to authorize or permit rest
periods; statutory penalties for failure to provide accurate wage
statements; waiting time penalties in the form of continuation
wages for failure to timely pay employees all wages due upon
separation of employment; injunctive relief and other equitable
relief; reasonable attorney's fees pursuant to California Labor
Code sections 226(e) and 1194; costs; and interest brought on
behalf of Plaintiffs and others similarly situated.
Athens Services provides waste collection and recycling services
in Southern California for over 50 years.[BN]
The Plaintiffs are represented by:
Vincent C. Granberry, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W. Olympic Blvd., Suite 200
Beverly Hills, CA 90211
Telephone: (310) 432 0000
Facsimile: (310) 432 0001
ARS NATIONAL: Faces "Bonti" Suit in Eastern Dist. of New York
-------------------------------------------------------------
A class action lawsuit has been filed against ARS National
Services, Inc. The case is titled as Coleen Bonti, individually
and on behalf of all others similarly situated, the Plaintiff, v.
ARS National Services, Inc., the Defendant, Case No. 2:17-cv-02580
(E.D.N.Y., May 1, 2017).
ARS National offers accounts receivable management services. It
caters to financial services organizations; banks; and credit card
companies.[BN]
The Plaintiff appears pro se.
BERKELEY UNIFIED SCHOOL: Students File Class Suit in N.D. Cal.
--------------------------------------------------------------
A class action lawsuit has been filed against Berkeley Unified
School District. The case is entitled as Student A, by and through
Parent A, her guardian, individually and on behalf of all other
similarly situated children; Student B, by and through Parent B,
his guardian, individually and on behalf of all other similarly
situated children; Student C, by and through Parent C, his
guardian, individually and on behalf of all other similarly
situated children; and Student D, by and through Parent D, her
guardian, individually and on behalf of all other similarly
situated children, the Plaintiffs, v. Berkeley Unified School
District; Donald Evans, in his official capacity as the
Superintendent for the Berkeley Unified School District; Beatriz
Levya-Cutler, in her official capacity as a director of the
Berkeley Unified School District Board of Education; Ty Alper, in
his official capacity as a director of the Berkeley Unified School
District Board of Education; Judy Appel, in her official capacity
as a director of the Berkeley Unified School District Board of
Education; Josh Daniels, in his official capacity as a director of
the Berkeley Unified School District Board of Education; Karen
Hemphill, in her official capacity as a director of the Berkeley
Unified School District Board of Education; and Board of Education
of the Berkeley Unified School District, the Defendants, Case No.
3:17-cv-02510 (N.D. Cal., May 2, 2017).
The Berkeley Unified School District is the public school district
for the city of Berkeley, California, United States.[BN]
The Plaintiffs appear pro se.
BEST BUY: "Bautista" Suit Transferred from C.D. Cal to N.D. Cal.
----------------------------------------------------------------
The class action lawsuit titled Mari S. Bautista, as an
individual, and all others similarly situated, the Plaintiff, v.
Best Buy Stores L.P., a Virginia limited partnership, and
Does 1-25, the Defendant, Case No. 2:17-cv-01026, was transferred
on May 3, 2017 from the U.S. District Court for the Central
District of California, to the U.S. District Court for the
Northern District of California (San Francisco). The District
Court Clerk assigned Case No. 3:17-cv-02530-EDL to the proceeding.
The case is assigned to the Hon. Magistrate Judge Elizabeth D.
Laporte.
Best Buy retails consumer electronics, home office products,
entertainment software products, appliances, and related services.
The company was incorporated in 2004 and is based in Richfield,
Minnesota with stores in the United States. Best Buy Stores, L.P.
operates as a subsidiary of BBC Property Co.[BN]
The Plaintiff is represented by:
Gregg Andrew Farley, Esq.
LAW OFFICES OF GREGG A. FARLEY
11755 Wilshire Blvd., Ste 1300
Los Angeles, CA 90025
Telephone: (310) 445 4024
Facsimile: (310) 445 4109
E-mail: gfarley@farleyfirm.com
- and -
Sahag Majarian, II, Esq.
LAW OFFICE OF SAHAG MAJARIAN II
18250 Ventura Boulevard
Tarzana, CA 91356
Telephone: (818) 609 0807
Facsimile: (818) 609 0892
E-mail: sahagii@aol.com
The Defendant is represented by:
Barbara J. Miller, Esq.
ALAMEDA CNTY SUP COURT
1225 Fallon Dept 5
Oakland, CA 94612
- and -
Bryan L Jarrett, Esq.
Sarah Jane Allen, Esq.
MORGAN LEWIS & BOCKIUS LLP
600 Anton Boulevard, Suite 1800
Costa Mesa, CA 92626
Telephone: (949) 399 7000
Facsimile: (714) 830 0700
E-mail: bjarrett@morganlewis.com
sarah.allen@morganlewis.com
BHART & HARISH: "Solano" Suit Seeks Unpaid Wages Under Labor Code
-----------------------------------------------------------------
OSCAR SOLANO, individually, and on behalf of all others similarly
situated, the Plaintiff, v. BHART & HARISH INTERNATIONAL, LLC,
a California Limited Liability Company; SHEWAK LAJWANTI HOME
FASHIONS, INC., a California Corporation; and DOES 1 through 50,
inclusive, the Defendants, Case No. BC659761 (Cal. Super. Ct., May
1, 2017), seeks to recover all unpaid wages pursuant to the
California Labor Code.
The Plaintiff brought the action against the Defendants for
California Labor Code violations and unfair business practices
stemming from Defendants' failure to provide meal periods, failure
to authorize and permit rest periods, failure to pay minimum and
straight time wages, failure to pay overtime wages, failure to
timely pay all wages to terminated employees, failure to furnish
accurate wage statements, and failure to maintain accurate records
of hours worked. Plaintiff seeks equitable relief, interest,
restitution, and reasonable attorney's fees and costs.
Shewak Lajwanti Home Fashions, Inc. was founded in 2002. The
company's line of business includes the manufacturing of machinery
for the textile industries.[BN]
The Plaintiff is represented by:
Kane Moon, Esq.
Justin F. Marquez, Esq.
Allen Feghali, Esq.
MOON & YANG, APC
3435 Wilshire Blvd., Suite 1820
Los Angeles, CA 90010
Telephone: (213) 232 3128
Facsimile: (213) 232 3125
E-mail: kane.moon@moonyanglaw.com
justin.marquez@moonyanglaw.com
allen.feghali@moonyanglaw.com
BILLY'S STONE: Fails to Pay Overtime Wage, "Rodriguez" Suit Says
----------------------------------------------------------------
NARCISO CARRILLO RODRIGUEZ and all others similarly situated under
29 U.S.C. 216(b), the Plaintiff, v. BILLY'S STONE CRABS, INC.,
WILLIAM L. HERSHEY, the Defendants, Case No. 0:17-cv-60867-BB
(S.D. Fla., May 3, 2017, 2017), alleges that the Defendants have
employed several other similarly situated employees like Plaintiff
who have not been paid overtime and/or minimum wages for work
performed in excess of 40 hours weekly from the filing of this
complaint back three years overtime wages, double damages and
reasonable attorney fees from Defendants, jointly and severally,
pursuant to the Fair Labor Standards Act.
Between the period of January 5, 2015 through on or about August
2, 2016, Plaintiff worked an average of 84 hours a week for
Defendants and was paid an average of $25.00 per hour but was
never paid anything at all for any hours worked over 40 hours in a
week. Between the period of on or about August 3, 2016 through on
or about December 31, 2016, Plaintiff worked an average of 84
hours a week for Defendants and was paid an average of $14.58 per
hour but was never paid the extra half time rate for any hours
worked over 40 hours in a week. Between the period of on or about
January 1, 2017 through on or about April 24, 2017, Plaintiff
worked an average of 72 hours a week for Defendants and was paid
an average of $14.58 per hour but was never paid the extra half
time rate for any hours worked over 40 hours in a week as required
by the Fair Labor Standards Act.
Billy's Stone is a glass-walled fish house offering classic fare,
water & sunset views, retail market & boat dockage.[BN]
The Plaintiff is represented by:
J.H. Zidell, Esq.
J.H. Zidell, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Telephone: (305) 865 6766
Facsimile: (305) 865 7167
E-mail: ZABOGADO@AOL.COM
BROOKLYN BOTANICAL: Faces "Kiler" Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Brooklyn Botanical
Garden. The case is captioned as Marion Kiler, on behalf of
herself and all others similarly situated, the Plaintiff v.
Brooklyn Botanical Garden, the Defendant, Case No. 1:17-cv-02619
(E.D.N.Y., May 2, 2017).
Brooklyn Botanic is a botanical garden in the borough of Brooklyn
in New York City. Founded in 1910, and located in the Prospect
Park.[BN]
The Plaintiff appears pro se.
COMBINED INSURANCE: Court Denied Class Certification in "Dolmage"
-----------------------------------------------------------------
The Hon. Chief Judge Ruben Castillo entered an order in the
lawsuit styled Anne Dolmage, the Plaintiff, v. Combined Insurance
Company of America, the Defendant, Case No. 1:14-cv-03809 (N.D.
Ill.), denying Plaintiff's motion for class certification.
The Court will hold a status hearing in open court on June 20,
2017 at 9:45 a.m.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=TGivETvN
COTY INC: "Bowens" Suit Transferred from M.D. Ala. to S.D. Ala.
---------------------------------------------------------------
The class action lawsuit titled Carrie Bowens, on behalf of
herself and all others similarly situated, the Plaintiff, v. Coty,
Inc., The Proctor & Gamble Company, Inc., The Proctor & Gamble
Manufacturing Company, Inc., The Procter & Gamble Distributing,
LLC, and Procter & Gamble Hair Care, LLC, the Defendants, Case No.
2:17-cv-118-WKW-TFM, was transferred on May 2, 2017 from the U.S.
District Court for the Middle District of Alabama, to the U.S.
District Court for the Southern District of Alabama (Mobile). The
Southern District Court Clerk assigned Case No. 1:17-cv-00192-MU
to the proceeding. The case assigned to the Hon. Magistrate Judge
P. Bradley Murray.
Coty, Inc. is a North American beauty products manufacturer based
in New York founded in Paris, France, by Fran‡ois Coty in 1904.
Its main products are fragrances, color cosmetics and skin and
body care products.[BN]
The Plaintiff is represented by:
Brandy Lee Robertson, Esq.
W. Lewis Garrison , Jr., Esq.
HENINGER GARRISON DAVIS LLC
2224 1st Avenue North
Birmingham, AL 35203
Telephone: (205) 326 3336
Facsimile: (205) 326 3332
E-mail: brandy@hgdlawfirm.com
wlgarrison@hgdlawfirm.com
- and -
Joseph L. Tucker, Esq.
K. Stephen Jackson, Esq.
JACKSON & TUCKER, P.C.
Black Diamond Building
2229 1st Avenue N.
Birmingham, AL 35203
Telephone: (205) 252 3535
Facsimile: (205) 252 3536
E-mail: josh@jacksonandtucker.com
steve@jacksonandtucker.com
The Defendants are represented by:
Hugh Cannon Lawley, Esq.
Jeffrey B. Cannon, Jr., Esq.
Walter J. Price, III, Esq.
HUIE, FERNAMBUCQ & STEWART
417 N. 20th St., Ste. 800
Birmingham, AL 35203
E-mail: cannon@huielaw.com
bcannon@huielaw.com
wprice@huielaw.com
CREDIT CONTROL: Faces "Cruz" Suit in Eastern Dist. of New York
--------------------------------------------------------------
A class action lawsuit has been filed against Credit Control
Services, Inc. The case is captioned as Yendy Cruz on behalf of
himself and all others similarly situated, the Plaintiff, v.
Credit Control Services, Inc. doing business as: Credit Collection
Services, the Defendant, Case No. 2:17-cv-02590 (E.D.N.Y., May 1,
2017).
Credit Control, doing business as credit collection services,
provides business process outsourcing solutions for customers in
the United States.[BN]
The Plaintiff appears pro se.
DOORDASH INC: Faces "Marko" Wage-and-Hour Class Suit
----------------------------------------------------
DANIEL MARKO, individually and on behalf of all others similarly
situated, the Plaintiff, v. DOORDASH, INC., and DOES 1 to 50,
inclusive, the Defendant, Case No. BC659841 (Cal. Super. Ct., May
2, 2017), seeks compensation, damages, penalties and interest to
the full extent permitted by the Labor Code and Industrial Welfare
Commission (IWC) Wage Orders.
The case challenges systemic illegal employment practices
resulting in the violations of the California Labor Code, Business
and Professions Code, and applicable IWC wage order against
employees of Defendants.
The Plaintiff alleges that Defendants, jointly; and severally,
have acted intentionally and with deliberate indifference and
conscious disregard of the rights of all employees in, among other
things, failing to provide the statutorily required meal and rest'
periods and failing to pay the statutorily required meal period
and rest period premium wages when not provided, failing to pay
all minimum, regular and overtime wages due, failing to pay wages
in a timely fashion, including at the end of employment,
misclassifying employees so as to avoid payment of wages, failing
to indemnify employees for business expenses, and failing to keep
statutorily required payroll records.
DoorDash is an on-demand restaurant delivery service. DoorDash was
founded in 2013 by Stanford students Andy Fang, Stanley Tang and
Tony Xu.[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M FRIEDMAN, P.C.
21550 Oxnard St, Suite 7SO
Woodland Hills, CA 91367
Telephone: (877) 206 4741
Facsimile: (866) 633 0228
E-mail: tfriedman@toddflaw.com
abacon@toddflaw.com
EARTHGRAINS DISTRIBUTION: "Urena" Suit Seeks Class Certification
----------------------------------------------------------------
In the lawsuit styled RUDY URENA and VICTOR URENA, on behalf of
themselves and all others similarly situated, the PLAINTIFFS, v.
EARTHGRAINS DISTRIBUTION, LLC, BIMBO BAKERIES USA., INC., and DOES
1 through 10, inclusive, the DEFENDANTS, Case No. 8:16-cv-00634-
CJC-DFM (C.D. Cal.), the Plaintiffs will move the Court on July
17, 2017, at 1:30 p.m. in the courtroom of the Hon. Cormac J.
Carney, for an order to certify a class:
"all persons who have, during the period commencing February
2013 through trial in this action, served as "Distributors" by
personally delivering and/or merchandising products in the
State of California under a "Distribution Agreement" with
Earthgrains Distribution, LLC that they entered into on behalf
of themselves or entities in which they have an ownership
interest".
The Plaintiffs further seek to have certified for resolution on
behalf of the class each of the causes of action pled in the Third
Amended Complaint, which include claims for reimbursement of
business expenses (Cal. Labor Code section 2802), unlawful
deductions from wages (Cal. Labor Code sections 221, 223, 400-
410), failure to provide off-duty meal periods (Cal. Labor Code
sections 226.7, 1194); failure to pay employees for rest periods
(Cal. Labor Code sections 226.7, 1194), failure to furnish
accurate wage statements (Cal. Labor Code sections 226, 226.3),
failure to keep accurate payroll records (Cal. Labor Code sections
1174 & 1175.5), and violations of California's Unfair Competition
Law (Cal. Bus. & Prof. Code section 17200 et seq.).
The Plaintiffs also seek to have the Plaintiffs' Counsel appointed
as Class Counsel.
A copy of the Notice of Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=86oB5rGZ
The Plaintiffs are represented by:
Peter Rukin, Esq.
Valerie Brender, Esq.
RUKIN HYLAND LLP
100 Pine Street, Suite 2150
San Francisco, CA 94111
Telephone: (415) 421-1800
Facsimile: (415) 421-1700
E-mail:prukin@rukinhyland.com
vbrender@rukinhyland.com
- and -
Aaron Kaufmann, Esq.
Beth Ross, Esq.
Elizabeth Gropman, Esq.
LEONARD CARDER, LLP
1330 Broadway, Suite 1450
Oakland, CA 94612
Telephone: (510) 272 0169
Facsimile: (510) 272 0174
E-mail: akaufmann@leonardcarder.com
bross@leonardcarder.com
egropman@leonardcarder.com
ELECTRICITY MAINE: Zurich American Refuses to Undertake Defense
---------------------------------------------------------------
ZURICH AMERICAN INSURANCE COMPANY, a New York corporation with its
principal place of business in Schaumburg, Illinois, the
Plaintiff, v. ELECTRICITY MAINE LLC, a Maine limited liability
company with its principal place of business in Auburn, Maine;
EMILE CLAVET, a citizen of the State of Maine; KEVIN DEAN, a
citizen of the State of Maine; SPARK HOLDCO LLC, a Maine limited
liability company with its principal place of business in Auburn,
Maine; PROVIDER POWER LLC, a Maine limited liability company with
its principal place of business in Auburn, Maine; and KATHERINE
VEILLEUX and JENNIFER CHON, individually and on behalf of all
others similarly situated, citizens of the State of Maine, the
Defendants, Case No. 2:17-cv-00165-NT (D. Maine, May 3, 2017,
2017), seeks judgment declaring that the Plaintiff has no duty to
defend Defendants in the Class Action, and for such additional
relief as may be appropriate under the circumstances.
On November 18, 2016, a class action complaint was filed in this
Court by Katherine Veilleux and Jennifer Chon, individually and on
behalf of all others similarly situated, against Electricity Maine
LLC, Emile Clavet, Kevin Dean, Spark Holdco LLC, and Provider
Power LLC, (Class Action). The Class Action is docketed as Case
No. 1:16-cv-571-NT.
Assurance Company of America issued to Electricity Maine LLC,
effective from November 1, 2011 to November 1, 2012, a commercial
insurance policy, No. PAS 04961118, including commercial general
liability coverage and a commercial umbrella policy. At the
request of Electricity Maine LLC, Assurance Company of America
non-renewed Policy No. PAS 04961118 on April 25, 2012.
Thereafter, through mergers, ZAIC succeeded to the rights and
responsibilities of Assurance Company of America with respect to
Policy No. PAS 04961118. Farmers Insurance Exchange is
administering the Class Action claim on behalf of ZAIC.
The Defendants in the Class Action have tendered to Farmers
Insurance Exchange the defense of the Class Action. ZAIC has no
obligation to defend, and has declined to undertake the defense of
the Defendants in the Class Action.[BN]
The Plaintiff is represented by:
John S. Whitman, Esq.
RICHARDSON, WHITMAN, LARGE & BADGER
465 Congress Street
P. O. Box 9545
Portland, ME 04112-9545
Telephone: (207) 774 7474
E-mail: jwhitman@rwlb.com
ENDO INTERNATIONAL: Sergeants Benevolent Suit Moved to E.D. Pa.
---------------------------------------------------------------
The class action lawsuit titled SERGEANTS BENEVOLENT ASSOCIATION
HEALTH & WELFARE FUND ON BEHALF OF ITSELF AND ALL OTHERS SIMILARLY
SITUATED, the Plaintiff, v. ENDO INTERNATIONAL PLC, ENDO
PHARMACEUTICALS INC., PAR PHARMACEUTICAL, INC., QUALITEST
PHARMACEUTICALS, INC., MYLAN INC., MYLAN PHARMACEUTICALS INC.
SANDOZ, INC., and ACCORD HEALTHCARE, INC., Case No. 17-02355, was
transferred from the U.S. District Court for the Southern District
of New York, to the U.S. District Court for the Eastern District
of Pennsylvania (Philadelphia). The Eastern District Court Clerk
assigned Case No. 2:17-cv-01986-CMR to the proceeding. The case is
assigned to the Hon. Judge Cynthia M. Rufe.
Endo International is highly focused generics and specialty
branded pharmaceutical company delivering quality medicines
through excellence in development, manufacturing and
commercialization.[BN]
The Plaintiff is represented by:
Peter George Safirstein, Esq.
SAFIRSTEIN METCALF LLP
1250 Broadway 27th Fl
New York, NY 10001
Telephone: (212) 201 2845
E-mail: psafirstein@safirsteinmetcalf.com
EXPRESS COURIER: Drivers Class Certification Sought in "Harris"
---------------------------------------------------------------
In the lawsuit captioned JAMES HARRIS, RICK KETCHAM and ADAM
MANSKE, Each Individually and on Behalf of All Others Similarly
Situated, the PLAINTIFFS, v. EXPRESS COURIER INTERNATIONAL, INC.,
Case No. 5:16-cv-05033-TLB (W.D. Ark.), the Plaintiffs ask the
Court to conditionally certify a class of:
"each individual who (a) worked for Express Courier
International, Inc. ("Express"), as a driver, courier, or
owner-operator in Arkansas any time after February 11, 2013,
(b) never subcontracted with anyone, or otherwise never hired
anyone, to perform any of his or her work for Express, and (c)
contracted directly with Express under Express's standard
"Owner-Operator Agreement".
Plaintiffs, former delivery drivers (also known as "couriers" and
"Owner-Operators") for Defendant Express Courier International,
Inc., brought this suit individually and on behalf of all other
current and certain former delivery drivers who worked for
Defendant, who are similarly situated, in order to recover unpaid
minimum and overtime wages, liquidated damages, prejudgment
interest, costs, and attorneys' fees of the Fair Labor Standards
Act of 1938 (FLSA). The Plaintiff also brought the action to
recover the same relief under the Arkansas Minimum Wage Act
(AMWA).
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=5IGjZ4I8
The Plaintiffs are represented by:
Joshua West, Esq.
Josh Sanford, Esq.
SANFORD LAW FIRM, PLLC
One Financial Center
650 South Shackleford, Suite 411
Little Rock, AR 72211
Telephone: (501) 221-0088
Facsimile: (888) 787-2040
E-mail: west@sanfordlawfirm.com
josh@sanfordlawfirm.com
The Defendant is represented by:
Kerri E. Kobbeman, Esq.
CONNER & WINTERS, LLP
4375 N. Vantage Dr., Ste. 405
Fayetteville, AR 72703
Telephone: (479) 582 5711
Facsimile: (479) 587 1426
E-mail: KKobbeman@cwlaw.com
- and -
Andrew Butcher, Esq.
Adam C. Smedstad, Esq.
Emily A. Quillen, Esq.
SCOPELITIS, GARVIN,
LIGHT, HANSON & FEARY, P.C.
1850 M Street, N.W., Suite 280
Washington, DC 20036-5804
Telephone: 202-551-9030
Facsimile: 202-296-9433
E-mail: abutcher@scopelitis.com
asmedstad@scopelitis.com
equillen@scopelitis.com
FELICIA NORWOOD: Class Certification Hearing Continued to July 14
-----------------------------------------------------------------
The Hon, Judge Joan B. Gottschall entered an order in the lawsuit
titled Alma Koss, et al., the Plaintiff, v. Felicia F Norwood, et
al., the Defendants, Case No. 1:17-cv-02762 (N.D. Ill.),
continuing the hearing on Plaintiffs' motion for class
certification to July 14, 2017 at 9:30 a.m., according to the
docket entry made by the Clerk on May 1, 2017.
A copy of the Docket Entry is available at no charge at
http://d.classactionreporternewsletter.com/u?f=LSC9hB4l
FIRSTSOURCE ADVANTAGE: Faces "Rotella" Suit in E.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Firstsource
Advantage, LLC The case is captioned as Louis Rotella, On Behalf
of Himself and All Others Similarly Situated, the Plaintiff, v.
Firstsource Advantage, LLC, the Defendant, Case No. 2:17-cv-02657
(E.D.N.Y., May 3, 2017).
Firstsource Advantage provides debt collections services to the
credit card issuers, financial institutions, and healthcare
providers.[BN]
The Plaintiff is represented by:
Mitchell L. Pashkin, Esq.
775 Park Avenue, Suite 255
Huntington, NY 11743
Telephone: (632) 335 1107
E-mail: mpash@verizon.net
FLURRY LIVE: Padron et al. Sue Over Spam Text Messages
------------------------------------------------------
PHILLIPE PADRON and SHANNON K. MCCARTHY, D.M.D., M.S. CLASS ACTION
individually and on behalf of all others similarly situated, v.
FLURRY LIVE, INC., a foreign corporation, the Defendant, Case No.
1:17-cv-21658-JEM (S.D. Fla., May 3, 2017, 2017), seeks injunctive
relief to halt Defendant's illegal conduct which has resulted in
the invasion of privacy, harassment, aggravation, and disruption
of the daily life of thousands of individuals nationwide.
The Plaintiffs also seek for statutory damages on behalf of
themselves and members of the class, and any other available legal
or equitable remedies resulting from the illegal actions of
Defendant.
The case is a putative class action under the Telephone Consumer
Protection Act (TCPA). To promote its mobile application,
Defendant engages in deceptive and intrusive telemarketing.
Specifically, Defendant deceives users of its mobile application
into granting it access to their contacts. Once in possession of
users' contact numbers, Defendant, using an automatic telephone
dialing system, and without any notice or warning to its users,
transmits generic telemarketing text messages to the users'
contacts from spoofed telephone numbers.
Defendant transmits its telemarketing texts without first
obtaining the express consent of recipients. Defendant's
violations were knowing and willful. Defendant has received
numerous consumer complaints regarding its spam messages, but
nevertheless continued to intentionally violate the TCPA to
increase its revenue.
Flurry Live operates live streaming platform to interact with
social media stars.[BN]
The Plaintiffs are represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 400
Miami, FL 33132
Telephone: (305) 479 2299
Facsimile: (786) 623 0915
E-mail: efilings@sflinjuryattorneys.com
- and -
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard, Suite 1400
Ft. Lauderdale, FL 33301
Telephone: (954) 400 4713
E-mail: mhiraldo@hiraldolaw.com
FOREST LAWN: "Estrada" Suit Seeks Damages Under Labor Code
----------------------------------------------------------
CMERO ESTRADA, on behalf of himself and others similarly situated,
the Plaintiff, v. FOREST LAWN MEMORIAL PARK ASSOCIATION; and DOES
1 to 100, Inclusive, the Defendant, Case No. BC659792 (Cal. Super.
Ct. May 1, 2017), seeks unpaid premium Wages and interest thereon
in accordance with the California Labor Code due to Defendants'
policy, practice, and/or procedure of failure to authorize or
permit second meal periods; failure to authorize or permit any
rest periods; statutory penalties for failure to provide accurate
wage statements; waiting time penalties in the form of
continuation wages for failure to timely pay employees all wages
due upon separation of employment; injunctive relief and other
equitable relief; reasonable attorney's fees pursuant to
California Labor Code, and interest brought on behalf of Plaintiff
and others similarly situated.
Forest Lawn is an American corporation that owns and operates a
chain of cemeteries and mortuaries in Los Angeles, Orange, and
Riverside counties in Southern California.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
Vincent C. Cranberry, Esq.
Vanessa Kamau, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W. Olympic Blvd., Suite 200
Beverly Hills, CA 90211
Telephone: (310) 432-0000
FRANK & ISRAEL: Class Certification Sought in Palm Beaches Suit
---------------------------------------------------------------
In the lawsuit captioned COMPREHENSIVE HEALTH CARE SYSTEMS OF THE
PALM BEACHES, INC., a Florida corporation, individually and as the
representative of a class of similarly-situated persons,
Plaintiff, v. FRANK & ISRAEL, LTD. d/b/a FIRMS, the Defendant,
Case No. 9:17-cv-80555-RLR (S.D. Fla.), the Plaintiff moves for
entry of an order certifying a class of:
"each person or entity that was sent one or more telephone
facsimile messages ("faxes") about debt collection services
available from FIRMS".
The case involves common fact questions about Defendants' fax
campaign and common legal questions under the Telephone Consumer
Protection Act.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=UjlVjUIg
The Plaintiff is represented by:
Phillip A. Bock, Esq.
BOCK, HATCH, LEWIS & OPPENHEIM, LLC
134 N. LaSalle St., Ste. 1000
Chicago, IL 60602
P.O. Box 416474
Miami Beach, FL 33141
Telephone: (312) 658 5500
Facsimile: (312) 658 555
FRESENIUS KABI: Shannon Seeks to Enjoin Akorn Inc. Merger
---------------------------------------------------------
ROBERT J. SHANNON, JR., Individually and on Behalf of All Others
Similarly Situated, and Derivatively on Behalf of AKORN, INC., the
Plaintiff, v. FRESENIUS KABI AG, FRESENIUS SE & CO. KGaA, QUERCUS
ACQUISITION, INC., JOHN N. KAPOOR, KENNETH S. ABRAMOWITZ, ADRIENNE
L. GRAVES, RONALD M. JOHNSON, STEVEN J. MEYER, TERRY A. RAPPUHN,
BRIAN TAMBI and ALAN WEINSTEIN, the Defendants, Case No. 2017-CH-
06322 (Ill. Cir. Ct., May 2, 2017), seeks to enjoin consummation
of a proposed acquisition unless and until the Board of Directors
complies with its duties to maximize shareholder value.
The case is a shareholder class action brought by Plaintiff
individually and on behalf of holders of the common stock of
Akorn, Inc. and derivatively on behalf of Akorn against the
members of the Akorn Board of Directors, Fresenius Kabi AG,
Quercus Acquisition, Inc., and Fresenius SE & Co. KGaA, arising
out of the proposed acquisition of Akorn by Fresenius. In pursuing
the Proposed Acquisition, each defendant has violated applicable
law by directly breaching and/or aiding and abetting the other
defendants' breaches of their fiduciary duties of care, loyalty,
good faith, candor and independence owed to Akorn and its
shareholders.
Although Akorn was experiencing sustained and significant growth,
was far exceeding internal growth forecasts, and was poised to
continue growing well into the future, on April 24,2017, Akorn
announced it had entered into a definitive merger agreement with
Fresenius (Merger Agreement), pursuant to which Fresenius would
acquire Akorn for roughly $4.3 billion. Under the terms of the
Merger Agreement, Akorn shareholders will receive only $34 in cash
for each share of Akorn common stock they hold. To put the merger
price in context, Akorn shares traded higher than $34 per share as
recently as July 27, 2016.
In connection with the Proposed Acquisition, each Akorn Board
member breached a number of his or her fiduciary duties to
plaintiff and the rest of Akorn's common stockholders by among
other things: (i) prioritizing significant personal benefits above
ensuring that shareholders receive maximum value for their shares;
(ii) adopting preclusive deal protection devices that effectively
prevent any alternative bidder from surfacing; and (iii) failing
to conduct an appropriate sales process that protected against
conflicts.
Akorn is a specialty generic pharmaceutical company engaged in the
development, manufacture and marketing of multisource and branded
pharmaceuticals. It has a diversified portfolio of more than 180
generic, branded, OTC and animal health products. Akorn
manufactures ophthalmic, injectable and niche sterile and non-
sterile pharmaceuticals. In 2016, Akorn grew its revenue by 13% to
$1.1 billion and increased its net income by 22% to $184 million.
The Company is headquartered in Lake Forest, Illinois, and is
incorporated under the laws of the state of Louisiana.[BN]
The Plaintiff is represented by:
David T. Wissbroecker, Esq.
Frank A. Richter, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: (619) 231 1058
Facsimile: (619) 231 7423
E-mail: dwissbroecker@rgrdlaw.com
frichter@rgrdlaw.com
- and -
W. Scott Holleman, Esq.
JOHNSON & WEAVER, LLP
99 Madison Avenue, 5th Floor
New York, NY 10016
Telephone: (212) 802 1486
Facsimile: (212) 602 1592
FYRE MEDIA: Chinery et al. Sued Over Bahamas Music Festival
-----------------------------------------------------------
CHELSEA CHINERY, SHANNON MCAULIFFE, and DESIREE D. FLORES,
individually and on behalf of all others similarly situated, the
Plaintiffs, v. FYRE MEDIA, INC., a Delaware, New York and Oregon
Corporation; BILLY MCFARLAND, an individual; JEFFREY ATKINS,
p/k/a/ JA RULE, an individual; MATTE PROJECTS, LLC, a New York
Domestic Limited Liability Company, and DOES 1 through 100,
inclusive, the Defendants, Case No. BC659938 (Cal. Super. Ct., May
2, 2017), seeks to recover damages from Defendants for the use of
unlawful, unfair and fraudulent acts and practices in the
provision of selling tickets and promoting a music festival to
California residents pursuant to California Consumer Legal
Remedies Act.
The Plaintiffs allege that Defendants deliberately and
fraudulently marketed and sold tickets to lavish, tropical
destination music festival. The Defendants' described Fyre
Festival as a "journey and destination, a place where music,
culture, and food combine, igniting our curiosities and our
passions over two weekends on one of the most sought after and
secluded islands in the world." Instead, 15 Plaintiffs endured a
horrific experience on an Island in the Bahamas not suited nor
prepared for an influx of visitors or a music festival of such
grand proportion.
Fyre is an on demand service that makes booking the most
influential celebrities, artists, athletes, models and
entertainers seamless and transparent.[BN]
The Plaintiffs are represented by:
John A. Girardi, Esq.
GIRARDI & KEESE
1126 Wilshire Boulevard
Los Angeles, CA 90017
Telephone: (213) 977 0211
Facsimile: (213) 481 1554
E-mail: jgirardi@girardikeese.com
GENESEE GRANDE: Faces "Kiler" Suit in Eastern Dist. of New York
---------------------------------------------------------------
A class action lawsuit has been filed against Genesee Grande, LLC.
The case is entitled as Marion Kiler, on behalf of herself and all
others similarly situated, the Plaintiff, v. Genesee Grande, LLC,
the Defendant, Case No. 1:17-cv-02611 (E.D.N.Y.,
May 2, 2017).
Genesee Grande is a grand hotel restaurant.[BN]
The Plaintiff appears pro se.
GULLIVER'S TAVERN: Certification of Entertainers Class Sought
-------------------------------------------------------------
In the lawsuit titled RUBY LEVI and EMILY CHICOINE on behalf of
themselves and all others similarly situated, the Plaintiffs,
v. GULLIVER'S TAVERN, INCORPORATED, and SOLID GOLD PROPERTIES,
INC., d/b/a THE FOXY LADY, the Defendants, Case No. 1:15-cv-00216-
S-PAS (D.R.I.), the Plaintiffs ask the Court to certify a class
of:
"all individuals who have worked as entertainers performing
exotic dancing services at the Foxy Lady, located at 318
Chalkstone Avenue in Providence, Rhode Island, at any time
since May 23, 2012".
The Plaintiffs further ask the Court to appoint Ruby Levi and
Emily Chicoine as representatives of the certified class, and the
Stephen Brouillard of Bianchi & Brouillard, P.C., and Brant
Casavant and Stephen Churchill of Fair Work P.C. as class counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=SESDDcxZ
The Plaintiffs are represented by:
Stephen J. Brouillard, Esq.
BIANCHI & BROUILLARD, P.C.
The Hanley Building
56 Pine Street, Suite 250
Providence, RI 02903
Telephone: (401) 223 2990
Facsimile: (877) 548 4539
E-mail: sbrouillard@bbrilaw.com
- and -
Brant Casavant, Esq.
Stephen Churchill, Esq.
FAIR WORK, P.C.
192 South Street, Suite 450
Boston, MA 02111
Telephone: (617) 607 3260
Facsimile. (617) 488 2261
E-mail: brant@fairworklaw.com
steve@fairworklaw.com
HANSON AGGREGATES: Faces "Post" Suit in Texas State Court
---------------------------------------------------------
A class action lawsuit has been filed against Hanson Aggregates,
LLC. The case is styled as DANIEL J. POST, AND ALL OTHER SIMILARLY
SITUATED, the Plaintiff, v. HANSON AGGREGATES, LLC, DELAWARE
LIMITED LIABILITY COMPANY, the Defendant, Case No. C2017-0752A
(Tex. Dist. Ct., May 2, 2017).
Hanson Aggregates operates as a ready-mix concrete producer and
concrete pumping service provider.[BN]
The Plaintiff appears pro se.
HOBBY LOBBY: Faces "Chase" Suit in Southern Dist. of California
---------------------------------------------------------------
A class action lawsuit has been filed against Hobby Lobby Stores,
Inc. The case is titled as Christina Chase, on behalf of herself
and all others similarly situated, the Plaintiff, v. Hobby Lobby
Stores, Inc., an Oklahoma corporation, and Does 1 through 50,
inclusive, the Defendant, Case No. 3:17-cv-00881-GPC-BLM (S.D.
Cal., May 1, 2017). The case is assigned to the Hon. Judge Gonzalo
P. Curiel.
Hobby Lobby is a private for-profit, closely held corporation, and
an American chain of retail arts and crafts stores based in
Oklahoma City, Oklahoma, formerly called Hobby Lobby Creative
Centers.[BN]
The Plaintiff is represented by:
Todd D. Carpenter, Esq.
CARLSON LYNCH SWEET
KILPELA & CARPENTER LLP
402 West Broadway, 29th Floor
San Diego, CA 92101
Telephone: (619) 756 6994
Facsimile: (619) 756 6991
E-mail: tcarpenter@carlsonlynch.com
HUMAN RESOURCE PROFILE: Lamones Seeks to Certify Class
------------------------------------------------------
In the lawsuit entitled RALPH LAMONES, JR., individually and as a
representative of the classes, Plaintiff, v. HUMAN RESOURCE
PROFILE, INC., the Defendant, Case No. 8:16-cv-02422-MSS-AAS (M.D.
Fla.), the Plaintiff moves the Court for an order certifying a
class of:
"all individuals who were the subjects of background reports
prepared by Defendant in the two years predating the filing of
the Complaint, continuing through the date the class list is
prepared, whose reports list charges that antedate the report
by more than seven years with dispositions of acquitted,
dismissed, dropped, amended to lesser offenses, nolle prossed,
set aside, no action, no information filed, stricken off,
withdrawn, or not guilty".
Excluded from the class are any individuals who submit a timely
and valid opt-out request.
The Plaintiff also moves the Court to appoint Plaintiff as the
class representative for the proposed classes, and Plaintiff's
counsel (Nichols Kaster, PLLP and Morgan & Morgan Complex
Litigation Group) as class counsel.
The Plaintiff seeks to provide the opportunity for class-wide
relief to thousands of other individuals who, like him, were
victims of Defendant's systematic failure to remove stale criminal
charges from its background checks, in violation of the Fair
Credit Reporting Act (FCRA). The FCRA prohibits consumer reporting
agencies (CRAs) from reporting adverse items of information, other
than records of convictions of crimes, that antedate the report by
more than seven years (commonly referred to as "obsolete
information").
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=VWy0mwl0
The Plaintiff is represented by:
Eleanor E. Frisch, Esq.
Matthew H. Morgan, Esq.
Brock J. Specht, Esq.
NICHOLS KASTER, PLLP
4600 IDS Center
80 S. 8th Street
Minneapolis, MN 55402
Telephone: (612) 256 3200
Facsimile: (612) 338 4878
E-mail: efrisch@nka.com
morgan@nka.com
bspecht@nka.com
- and -
John Yanchunis, Esq.
MORGAN & MORGAN
201 North Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 223 5505
Facsimile: (813) 223 5402
E-mail: jyanchunis@forthepeople.com
HUMANA INC: Certification of Healthcare Coordinators Class Sought
-----------------------------------------------------------------
In the lawsuit styled DAVID POGGI, on his own behalf and others
similarly situated, the Plaintiff, v. HUMANA, INC., the Defendant,
Case No. 8:17-cv-00433-SCB-MAP (M.D. Fla.), the Plaintiff asks the
Court for an order conditionally certifying a class of:
"current and former healthcare coordinators who work(ed) at
Defendant's Florida or nationwide offices between February
2014 and the present; who worked hours for which they were not
compensated, in some cases working more than 40 hours per
week, without lawful and proper and complete overtime
compensation."
The case is a collective action to enforce the overtime and
minimum wage provisions of Section 7(a) of the Fair Labor
Standards Act (FLSA). Plaintiff worked for Defendant from
approximately January 2012 through to the present. Plaintiff was
employed as a healthcare coordinator, which is a position that
involves Plaintiff and those similarly situated to use telephone
and email to contact clients of Defendant. Plaintiff filed this
lawsuit on behalf of himself and all others similarly-situated
alleging that he and the other flat rate healthcare coordinators
of Defendant's were deprived of proper overtime wages and unpaid
wages by virtue of Defendant requiring Plaintiff and those
similarly situated to him to work but were not paid for all of the
hours worked.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=wtpTzfZw
The Plaintiff is represented by:
W. John Gadd, Esq.
LAW OFFICE OF W. JOHN GADD, PA
2727 Ulmerton Road-Suite 250
Clearwater, FL 33762
Telephone: (727) 524 6300
E-mail: wjg@mazgadd.com
- and -
Kyle Lee, Esq.
Lee Law PLLC
P.O. Box 4476
Brandon, FL 33509-4476
Teleppone: (813) 343 2813
E-mail: Kyle@kyleleelaw.com
INTEGRITY HOME: Court Conditionally Certified Care Aides Class
--------------------------------------------------------------
In the lawsuit captioned DANA COOPER, on behalf of herself and all
others similarly situated, the Plaintiff, v. INTEGRITY HOME CARE,
INC., the Defendant, Case No. 4:16-cv-01293-DGK (W.D. Mo.), the
Hon. Chief Judge Greg Kays granting in part Plaintiff's motion for
conditional collective action certification, approval of notice,
and expedited consideration.
The Court conditionally certifies the following collective:
"[a]ll current or former Personal Care Aides and Advanced
Personal Care Aides who were employed directly by Defendant
and provided companionship services to elderly persons and
others, and who were not paid overtime for all hours worked in
excess of 40 hours per week, at any time from January 1, 2015
to November 12, 2015. Excluded are any persons who worked as a
CDS Attendant".
The Plaintiff shall submit a revised notice, email, and follow-up
correspondence within 14 days. Integrity shall provide the full
name, address, e-mail address, dates of employment, and employee
number or unique identifier for each potential collective member
to Plaintiff within 14 days of this order.
The action arises from Plaintiff Dana Cooper's allegations that
Defendant, which provides home healthcare, unlawfully withheld
overtime wages from hourly, non-exempt home healthcare workers in
violation of the Fair Labor Standards Act (FLSA) and the Missouri
Minimum Wage Law (MMWL).
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=jHxyf3aS
JEFFERSON CLINTON: Faces "Kiler" Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Jefferson Clinton
Commons, LLC. The case is titled as Marion Kiler, on behalf of
herself and all others similarly situated, the Plaintiff, v.
Jefferson Clinton Commons, LLC, the Defendant, Case No. 1:17-cv-
02612 (E.D.N.Y., May 2, 2017).
Jefferson Clinton is doing business in the construction
industry.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
30 ast 39th Street, 2nd floor
New York, NY 10016
Telephone: (212) 465 1188
Facsimile: (212) 465 1181
E-mail: cklee@leelitigation.com
KISS MY FACE: Faces "Dai" Suit in New York Supreme Court
--------------------------------------------------------
A class action lawsuit has been filed against Kiss My Face
Corporation. The case is captioned as Steffania Dai Done Maniaci,
Individually and on Behalf All Others Similarly Situated, the
Plaintiff, v. Kiss My Face Corporation, Kiss My Face, LLC, and
Bycmac Corp, the Defendants, Case No. 603855/2017 (N.Y. Sup. Ct.,
May 3, 2017).
Kiss My Face develops natural and organic body care products. It
offers deodorants, foot scrubs and creams, hand creams, and
moisture shaves.[BN]
The Plaintiff is represented by:
Michael J. Gabrielli, Esq.
GABRIELLI LEVITT LLP
2426 Eastchester Road, Suite 103
Bronx, N.Y.10469
Telephone: Phone: (718) 708 5322
LANNETT COMPANY: Pension Funds' Suit Moved to E.D. Pa.
------------------------------------------------------
The class action lawsuit titled NEW YORK CITY, LOCAL 246,
S.E.I.U., WELFARE BENEFITS FUND; NEW YORK CITY, LOCAL 246,
S.E.I.U., RETIREES WELFARE BENEFITS FUND; TEAMSTERS LOCAL 237
WELFARE FUND; TEAMSTERS LOCAL 237 RETIREES BENEFIT FUND; TEAMSTERS
LOCAL 237 BRENTWOOD SCHOOL DISTRICT HEALTH AND WELFARE TRUST FUND;
TEAMSTERS LOCAL 237 NORTH BABYLON SCHOOL DISTRICT HEALTH AND
WELFARE TRUST FUND; TEAMSTERS LOCAL 237 SUFFOLK REGIONAL OFF-TRACK
BETTING CORP. HEALTH AND WELFARE TRUST FUND; TEAMSTERS PLAINVIEW
OLD BETHPAGE CENTRAL SCHOOL DISTRICT HEALTH AND WELFARE TRUST
FUND; UNIFORMED SANITATIONMENS ASSOCIATION SECURITY BENEFIT FUND;
and UNIFORMED SANITATIONMENS ASSOCIATION RTIREES WELFARE FUND,
INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, the
Plaintiffs, v. LANNETT COMPANY, INC., MYLAN PHARMACEUTICALS, INC.,
and SANDOZ, INC., Case No. 17-02467, was transferred on May 1,
2017 from the U.S. District Court for the Southern District of New
York (Foley Square), to the U.S. District Court for Eastern
District of Pennsylvania (Philadelphia). The District Court Clerk
assigned Case No. 2:17-cv-01987-CMR to the proceeding. The case is
assigned to the Hon. Judge Cynthia M. Rufe.
Lannett Company develops, manufactures, markets and distributes
generic versions of brand pharmaceutical products.[BN]
The Plaintiffs are represented by:
Brendan Patrick Glackin, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN LLP
275 Battery St 29th Fl
San Francisco, CA 94111
Telephone: (415) 956 1000
E-mail: bglackin@lchb.com
LEGO SYSTEMS: Faces "Gomez" Suit in Southern District of Florida
----------------------------------------------------------------
A class action lawsuit has been filed against LEGO SYSTEMS, INC.
The case is entitled as Andres Gomez, on his own and on half of
all other individuals similarly situated, the Plaintiff, v. LEGO
SYSTEMS, INC. and LEGO BRAND RETAIL, INC., the Defendants, Case
No. 1:17-cv-21628-CMA (S.D. Fla., May 1, 2017). The case is
assigned to the Hon. Judge Cecilia M. Altonaga.
LEGO Systems designs and manufactures toys and play materials for
kids. The company offers games, puzzles, toy trains, robots,
dolls, stuff toys, and racers. It markets its products under LEGO
Duplo and LEGO brand names.[BN]
The Plaintiff is represented by:
Jaci R. Mattocks, Esq.
Jessica Lynn Kerr, Esq.
THE ADVOCACY GROUP
333 Las Olas Way CU3, Suite 311
Fort Lauderdale, FL 33301
Telephone: (954) 282 1858
E-mail: jaci@advocacypa.com
service@advocacypa.com
LIBERTY INSURANCE: Bid for Class Certification Partly Granted
-------------------------------------------------------------
In the lawsuit styled DAVID BOND and REBECCA BOND, individually
and on behalf of others similarly situated, the Plaintiffs, v.
LIBERTY INSURANCE CORPORTATION, the Defendant, Case No. No. 2:15-
cv-04236-NK (W.D. Mo.), the Hon District Judge Nanette K. Laughrey
entered an order grating Plaintiffs' motion for class
certification of:
Injunctive Relief Subclass:
"all persons with a dwelling or other structure located in
the state of Missouri insured by Liberty Insurance Corporation
under policy Form HO 03 (Edition 04 09) and endorsements at
the time of class certification"; and
Declaratory Relief Subclass:
"all persons insured by Liberty Insurance Corporation
who incurred physical loss or damage to their dwelling or
other structures located in the state of Missouri from April
20, 2009 to the date of class certification arising under
policy Form HO 03 (Edition 04 09) and endorsements".
The Court rejects Liberty's additional arguments that the Bonds'
(b)(2) class would impermissibly lead to "individualized" damages
amounts, resulting in due process or claim preclusion problems.
Again, these arguments are premised on the Wal-Mart Court's
holding that Rule 23(b)(2) "does not authorize class certification
when each class member would be entitled to an individualized
award of monetary damages." 564 U.S. at 361. Liberty's arguments
fail, however, because unlike the putative (b)(2) class in Wal-
Mart, the Bonds' putative (b)(2) class does not seek any monetary
relief. Wal-Mart does not stand for the proposition that (b)(2)
classes violate due process, nor that bifurcated proceedings are
not permitted; instead, Wal-Mart holds that a (b)(2) class cannot
seek individualized monetary damages. As already discussed, the
Court bifurcated the Bonds' case into a (b)(2) liability phase and
(b)(3) damages phase, permissibly "insulating" the monetary
damages from the (b)(2) class. See Ebert v. General Mills, Inc.,
823 F.3d 472, 480 (8th Cir. 2016); Newberg on Class Actions
section 4:38 ("Certification of a hybrid action insulates the
(b)(2) class piece from the money damage portion of the case,
hence complying with Wal-Mart's admonition against adjudicating
individual damage claims in a (b)(2) class action"). As a result,
this hybrid certification approach complies with Wal-Mart's
prohibition of (b)(2) classes in which individualized monetary
damages will be awarded.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=r8p7GgyM
LLR INC: "Goodwin" Suit Moved to N.D. Ohio
------------------------------------------
The class action lawsuit titled Caitlin Goodwin, individually and
on behalf of all others similarly situated, the Plaintiff, v. LLR,
Inc., doing business as LuLaRoe, the Defendant, Case No.
CV17877960, was removed on May 2, 2017 from the Cuyahoga Court of
Common Pleas, to the U.S. District Court for the Northern District
of Ohio (Cleveland). The District Court Clerk assigned Case No.
1:17-cv-00931-PAG to the proceeding. The case is assigned to the
Hon. Judge Patricia A. Gaughan.
LuLaRoe sells women's dresses, maxi skirts, pencil skirts, a-line
skirts, sheath dresses, and they are all simply comfortable.[BN]
The Plaintiff is represented by:
Frank A. Bartela, Esq.
Nicole T. Fiorelli, Esq.
Patrick J. Perotti, Esq.
DWORKEN & BERNSTEIN-PAINESVILLE
60 South Park Place
Painesville, OH 44077
Telephone: (440) 352 3391
E-mail: fbartela@dworkenlaw.com
nfiorelli@dworkenlaw.com
pperotti@dworkenlaw.com
- and -
Nolan T. James, Jr., Esq.
NOLAN JAMES LEGAL GROUP LTD
Strongsville, OH 44136
16651Selby Cir
The Defendant is represented by:
Anastasia J. Wade, Esq.
Michael P. O'Donnell, Esq.
Joseph T. Dattilo, Esq.
BROUSE MCDOWELL - CLEVELAND
600 Superior Avenue, E, Ste. 1600
Cleveland, OH 44114
Telephone: (216) 830 6830
Facsimile: (216) 830 6807
E-mail: awade@brouse.com
modonnell@brouse.com
jdattilo@brouse.com
MEC CONSTRUCTION: "Pritt" Suit Seeks Unpaid Wages Under FLSA
------------------------------------------------------------
JONATHAN PRITT and RICHARD D. SPENCER, individually and on behalf
of others similarly situated, the Plaintiff, v. MEC CONSTRUCTION
LLC, the Defendant, Case No. 2:17-cv-00575-AJS (W.D. Pa., May 3,
2017, 2017), seeks to recover unpaid wages and overtime wages
under the Fair Labor Standards Act of 1938 (FLSA).
The Defendant allegedly failed to include the "per diem" and
"safety bonuses" in the calculation of the "regular rates" and
"overtime rates" of Plaintiff Pritt, Plaintiff Spencer, and all
similarly situated employees. Because Defendant failed to include
the "per diem" and "safety bonuses" in the calculation of the
"regular rates" and "overtime rates", Defendant MEC failed to pay
Plaintiff Pritt, Plaintiff Spencer, and all similarly situated
employees all wages and overtime wages due and owing to Plaintiff
Pritt, Plaintiff Spencer, and the similarly situated employees in
violation of the FLSA.
MEC Construction provides construction services. The Company
offers natural gas plant and industrial construction, along with
maintenance solutions for the oil, gas, power, ethanol and mining
industries.[BN]
The Plaintiff is represented by:
Mark Goldner, Esq.
Maria W. Hughes, Esq.
HUGHES & GOLDNER, PLLC
10 Hale Street, Fifth Floor
Charleston, WV 25301
Telephone: (304) 400 4816
Facsimile: (304) 205 7729
E-mail: mark@wvemploymentrights.com
maria@wvemploymentrights.com
MIDWAY IMPORTING: "Rivera" Suit Moved to S.D. New York
------------------------------------------------------
The class action lawsuit titled Nicky Rivera, individually and on
behalf of himself and all others similarly situated, the
Plaintiff, Midway Importing, Inc., the Defendant, Case No. 17-
50746, was removed from the Supreme Court of New York, to the U.S.
District Court for the Southern District of New York (Foley
Square). The District Court Clerk assigned Case No. 1:17-cv-03290
to the proceeding.
Midway Importing offers a comprehensive marketing and distribution
program supporting Hispanic Health & Beauty Care brands.[BN]
The Plaintiff appears pro se.
MLTD INC: Faces "Caballero" Wage and Hour Class Suit
----------------------------------------------------
Joseph Jun Caballero, Individually and on behalf of all others
similarly-situated, the Plaintiff, v. MLTD, Inc., a California
Corporation; Ori Kainen, an Individual; and Does 1 through 25,
Inclusive, the Defendants, Case No. BC659936 (Cal. Super. Ct., May
2, 2017), arises out of Defendants' failure to follow numerous
provisions of the state Labor Code and the applicable Wage Order
as it relates to Class Members. From August 30, 2014 until
December 18, 2016, Defendants employed Plaintiff as an hourly,
non-exempt Warehouse Associate. The Defendants failed to pay
Class Members all of their earned wages, in violation of Labor
Code and Wage Order. Defendants' time records reflect more hours
worked than the wage statements and wages provided to Class
Members for the exact same pay periods. In other words, a time
record might reflect 85 hours worked while the wage statement for
the same pay period would show wages paid for only 80 hours
worked. Very often, Class Members that were not provided the
opportunity to take a full thirty minute meal period, only to have
their hours reduced to reflect a thirty minute meal period that
was never taken. Similarly, Class Members were required to clock
out for rest room breaks. Class Members also were not compensated
for half of their usual or scheduled shifts for days where they
showed up to work but were asked to go home before working half of
their shift, in violation of Wage Order
Defendants employed Class Members for more than eight hours per
day and more than forty hours per workweek and failed to pay Class
Members overtime compensation for the overtime hours Class Members
worked, in violation of Labor Code and Wage. Class Members were
paid straight hourly rates for the overtime hours they worked,
instead of being paid 1.5 times their hourly rate for those hours.
Class Members worked overtime hours off-the-clock and were not
compensated at all for these hours worked. Defendants failed to
pay Class Members state minimum wage, including overtime
compensation at the minimum wage rate, in violation of Labor Code
and Wage Order.
The Defendant sells clothing and accessories online at
www.mltd.com. It employs workers that fulfill orders, restock
shelves and manage inventory for the company at a warehouse in
Chatsworth, California.[BN]
The Plaintiff is represented by:
Jonathan M. Lebe, Esq.
LEBE LAW, APLC
5723 Melrose Avenue
Los Angeles, CA 90038
Telephone: (310) 921 7056
Facsimile: (310) 820 1258
E-mail: jon@lebelaw.com
- and -
Rodney Mesriani, Esq.
Mesriani Law Group, APLC
5723 Melrose Avenue
Los Angeles, CA 90038
Telephone: (310) 826 6300
Facsimile: (310) 820 1258
E-mail: rodney@mesriani.com
MONDELEZ GLOBAL: Faces "McCue" Suit in N.Y. State Court
-------------------------------------------------------
A class action lawsuit has been filed against Mondelez Global LLC.
The case is styled as MASONE, CHRISTINE M. MCCUE, ON BEHALF OF
HERSELF AND ALL OTHERS SIMILARLY SITUATED, the Plaintiff, v.
MONDELEZ GLOBAL LLC, the Defendant, Case No. 601236/2017 (N.Y.
Sup. Ct., May 1, 2017).
Mondelez International is an American multinational confectionery,
food, and beverage company based in Illinois.[BN]
The Plaintiff is represented by:
LOUIS GINSBERG, P.C.
1613 Northern Blvd.
Roslyn, NY 11576
Telephone: (516) 625 0105
The Defendant is represented by:
LITTLER MENDELSON, P.C.
290 Broad Hollow Road, Ste 305
Melville, NY 11747
Telephone: (631) 293 4525
MONDELEZ INTERNATIONAL: "Winn" Suit Moved to N.D. California
------------------------------------------------------------
A lawsuit titled as VALORIE WINN, on behalf of herself and all
others similarly situated, the Plaintiff, v. MONDELEZ
INTERNATIONAL, INC. and PAK 'N SAVE, INC., the Defendants (Case
No. RG17854671, filed by March 28, 2017) was removed on May 3,
2017, from the Superior Court of the State of California for the
County of Alameda, to the United States District Court for the
Northern District of California. The Northern District Court Clerk
assigned Case No. 4:17-cv-02524-DMR to the proceedings.
The Plaintiff alleges the phrases "Made with Real Ginger &
Molasses" and "Sensible Solution" on the packaging of MDLZ's
Ginger Snaps cookie products falsely represents that the cookies
are healthy, when the products actually contain purportedly
unhealthy ingredients such as high fructose corn syrup and
partially hydrogenated oil.
Mondelez International is an American multinational confectionery,
food, and beverage company based in Illinois which employs about
107,000 people around the world.[BN]
The Defendant is represented by:
Kenneth K. Lee, Esq.
Christina A. Aryafar, Esq.
Dean N. Panos, Esq.
JENNER & BLOCK LLP
633 West 5th Street, Suite 3600
Los Angeles, CA 90071
Telephone: (213) 239 5100
Facsimile: (213) 239 5199
E-mail: klee@jenner.com
caryafar@jenner.com
dpanos@jenner.com
MONINI NORTH AMERICA: Faces "Jessani" Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Monini North
America, Inc. The case is captioned as Vinay Jessani and Wendy
Burnett, individually and on behalf of all others similarly
situated, the Plaintiffs, v. Monini North America, Inc., the
Defendant, Case No. 1:17-cv-03257 (S.D.N.Y., May 2, 2017).
Monini North produces and distributes olive oil. It also offers
vinegars. The company was founded in 2000 and is based in Shelton,
Connecticut.[BN]
The Plaintiffs appear pro se.
MONSANTO COMPANY: Sued in E.D.N.C. Over Sale of Herbicide Roundup
-----------------------------------------------------------------
Johnny Hick Strickland, the Plaintiff, v. Monsanto Company, the
Defendant, Case No. 7:17-cv-00088-D (E.D.N.C., May 2, 2017), seeks
to recover 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 Plaintiff's injuries, like those striking thousands of
similarly situated victims across the country, were avoidable.[BN]
The Plaintiff is represented by:
James L. Ward, Jr., Esq.
MCGOWAN HOOD & FELDER, LLC
321 Wingo Way, Suite 103
Mt. Pleasant, SC 29464
Telephone: (843) 388 7202
Facsimile: (843) 388 3194
E-mail: jward@mcgowanhood.com
MOSS MANAGEMENT: Faces "Townsend" Wage-and-Hour Suit
----------------------------------------------------
ROCHELLE TOWNSEND, individually as an aggrieved employee and on
behalf of others similarly situated, the Plaintiff, v. MOSS
MANAGEMENT SERVICES, INC.; and DOES 1 through 5, inclusive, the
Defendant, Case No. BC660016 (Cal. Super. Ct., May 2, 2017), seeks
to recover damages, unpaid wages and associated penalties under
the state Labor Code.
The Plaintiff was hired by Moss in January 2010 as a property
manager and her employment ended on or about June 9,2016. The
Plaintiff and the class members were classified as a non-exempt
employee and paid an hourly rate of pay. The Plaintiff and the
class members were required to work in excess of eight hours in a
day and/or forty hours in a week, but Moss did not pay them for
all hours worked or overtime premium wages.
Moss had a practice of instructing employees, including Plaintiff
and the class members, not to record any hours on their time
sheets in excess of seven hours per day regardless of the amount
of hours actually worked in a given day. In addition, Moss had a
practice of collecting the employees' time sheets on Thursdays
with the time already recorded for future work. For example,
Plaintiff and the class members would turn in her time sheets on
Thursday morning and/or afternoon with the time already recorded
for Thursday and Friday.
Moss is a residential and commercial property management company.
[BN]
The Plaintiffs are represented by:
Sergio Bent, Esq.
Jesse M. Caryl, Esq.
Jennifer L. Lallite, Esq.
BENT CARYL & KROLL, LLP
6300 Wilshire Boulevard, Suite 1415
Los Angeles, CA 90048
Telephone: (323) 315 0510
Facsimile: (323) 774 6021
E-mail: sbent@bcklegal.com
jcary@bcklegal.com
llallite@bcklegal.com
MRS BPO: Faces "Dipisa" Suit in Eastern District of New York
------------------------------------------------------------
A class action lawsuit has been filed against MRS BPO, LLC. The
case is titled as Peter Dipisa, individually and on behalf of all
others similarly situated, the Plaintiff, v. MRS BPO, LLC, the
Defendant, Case No. 2:17-cv-02586 (E.D.N.Y., May 1, 2017).
MRS BPO offers financial services, healthcare, cable, utilities,
and telecommunication debt recovery.[BN]
The Plaintiff appears pro se.
MRS BPO: Faces "Dykes" Suit in Eastern District of New York
-----------------------------------------------------------
A class action lawsuit has been filed against MRS BPO, LLC. The
case is captioned as Wayne Dykes, individually and on behalf of
all others similarly situated, the Plaintiff, v. MRS BPO, LLC, the
Defendant, Case No. 2:17-cv-02587 (E.D.N.Y., May 1, 2017).
MRS BPO offers financial services, healthcare, cable, utilities,
and telecommunication debt recovery.[BN]
The Plaintiff appears pro se.
MRS BPO: Faces "Messina" Suit in Eastern District of New York
-------------------------------------------------------------
A class action lawsuit has been filed against MRS BPO, LLC. The
case is captioned as Lisa Messina, individually and on behalf of
all others similarly situated, the Plaintiff, v. MRS BPO, LLC, the
Defendant, Case No. 2:17-cv-02585 (E.D.N.Y., May 1, 2017).
MRS BPO offers financial services, healthcare, cable, utilities,
and telecommunication debt recovery.[BN]
The Plaintiff is represented by:
Craig B. Sanders, Esq.
SANDERS LAW, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (516) 203 7600
Facsimile: (516) 281 7601
E-mail: csanders@sanderslawpllc.com
NEW YORK: Accused of Overstating Taxi Medallions' Value
-------------------------------------------------------
DALER SINGH, DBA GILZIAN ENTERPRISE LLC, individually and on
behalf of all others similarly situated, the Plaintiff, v.
THE CITY OF NEW YORK and THE NEW YORK CITY TAXI AND LIMOUSINE
COMMISSION, the Defendants, Case No. 701402/2017 (N.Y. Sup. Ct.,
May 2, 2017), seeks to recover tens of millions of dollars in
damages as a result of Defendants' breach of contract, fraudulent
inducement, negligent misrepresentation, and violation of the
General Business Law, as well as violations of the NYC Code, state
law and TLC rules.
In early 2014, the Plaintiff purchased a New York City taxi
medallion directly from the City of New York in an auction
organized and promoted by the New York City Taxi and Limousine
Commission (TLC). Before the auction, the TLC intentionally
overstated the value of taxi medallions and hid the fact that the
value of those medallions had already begun to decline due to
factors known to the TLC but not disclosed to Plaintiff or the
rest of the New York City taxi industry. After the auction, the
TLC, through its actions and its inaction, significantly
undermined the value of the medallions it had just sold to
Plaintiff and all other purchasers of medallions at the auction,
causing them substantial economic harm.
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean. At its core is Manhattan, a densely
populated borough that's among the world's major commercial,
financial and cultural centers.[BN]
The Plaintiff is represented by:
Benjamin Y. Kaufman, Esq.
Gregory M. Nespole, Esq.
Correy A. Kamin, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Avenue
New York, NY 10016
Telephone: (212) 545 4600
Facsimile: (212) 686 0114
E-mail: kaufman@whafh.com
GMN@whath.com
kamin@whafh.com
- and -
Daniel L. Ackman, Esq.
222 Broadway, 19th Floor
LAW OFFICE OF
DANIEL L. ACKMAN
New York, NY 10038
Telephone: (917) 282 8178
E-mail: d.ackman@comcast.net
The Defendant is represented by:
NYC LAW DEPARTMENT
Telephone: (212) 788 0303
NORTHLAND GROUP: Faces "Bakon" Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Northland Group Inc.
The case is captioned as Michael Bakon, on behalf of himself and
all other similarly situated consumers, the Plaintiff, v.
Northland Group Inc., the Defendant, Case No. 1:17-cv-02645
(E.D.N.Y., May 2, 2017).
Founded in 1982, Northland Group provides business process
outsourcing services focused on accounts receivable management and
collection services.[BN]
The Plaintiff is represented by:
Maxim Maximov, Esq.
MAXIM MAXIMOV, LLP
1701 Avenue P
Brooklyn, NY 11229
Telephone: (718) 395 3459
Facsimile: (718) 408 9570
E-mail: m@maximovlaw.com
NORTHLAND GROUP: Faces "Schaechter" Suit in E.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Northland Group Inc.
The case is styled as Shaindy Schaechter, on behalf of herself and
all other similarly situated consumers, the Plaintiff, v.
Northland Group Inc., the Defendant, Case No. 1:17-cv-02646
(E.D.N.Y., May 2, 2017).
Founded in 1982, Northland Group provides business process
outsourcing services focused on accounts receivable management and
collection services.[BN]
The Plaintiff appears pro se.
NORTHSTAR LOCATIONS: Faces "Lasri" Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Northstar Locations
Services, LLC. The case is captioned as Tali Lasri, on behalf of
herself and all others similarly situated, the Plaintiff, v.
Northstar Locations Services, LLC, the Defendant, Case No. 1:17-
cv-02610 (E.D.N.Y., May 2, 2017).
Northstar Location, doing business as The Northstar Companies,
provides receivables debt collection services to customers in the
United States.[BN]
The Plaintiff appears pro se.
PACIFIC COAST: Faces "Serrano" Wage & Hour Suit
-----------------------------------------------
MARIA SERRANO, individually and on behalf of all others similarly
situated, the Plaintiff, v. PACIFIC COAST FEATHER CUSHION CO., a
corporation; PACIFIC COAST FEATHER COMPANY, a corporation;
and DOES 1-20, inclusive, the Defendant, Case No. BC659563 (Cal.
Super. Ct., May 2, 2017), seeks to recover monetary relief against
Defendants on behalf of herself and all others similarly to
recover, among other things, unpaid meal period compensation,
unpaid rest period compensation, interest, attorney's fees, costs
and expenses and penalties pursuant to the state Labor Code.
The Plaintiff is alleging that Defendants have engaged in a
pattern of wage and hour violations under the California Labor
Code and Industrial Welfare Commission Wage Orders, all of which
contribute to Defendants' deliberate unfair competition.
Pacific Coast manufactures down feather items in facilities in
California.[BN]
The Plaintiff is represented by:
Kashif Haque, Esq.
Samuel A. Wong, Esq.
Jessica L. Campbell, Esq.
Alis. Carlsen, Esq.
AEGIS LAW FIRM, PC
9811 Irvine Center Drive, Suite 100
Irvine, CA 92618-2902
Telephone: (949) 379 6250
Facsimile: (949) 379 6251
PHELAN & HALLINAN: Certification of Unknown Tenant Class Sought
---------------------------------------------------------------
In the lawsuit captioned KELLY BORG, the Plaintiff, v. PHELAN,
HALLINAN, DIAMOND & JONES, PLLC, the Defendant, Case No. 8:16-cv-
02070-VMC-TGW (M.D. Fla.), the Plaintiff moves the Court to
certify a Florida "Unknown Tenant" Charge Class:
"all persons in Florida during the 12 months preceding the
filing of this lawsuit in which Defendant filed a foreclosure
action seeking to collect on charges against borrowers for
serving process against "unknown tenants".
The Plaintiff has opted to voluntarily forego the remaining
classes she sought to have certified, instead focusing exclusively
on the above named Florida "Unknown Tenant" Charge Class.
The Plaintiff is suing Defendant for FDCPA violations because
Defendant pads its foreclosure lawsuits with illegal fees by
serving "Unknown Tenants" and then, with the assistance of the
loan servicer, charges the borrower for these fictitious services.
Each service on these "Unknown Tenants" is $45.00. During the
corporate representative deposition, Defendant admitted that it
filed over 2,000 foreclosure lawsuits in Florida alone and in
every single case filed it assessed these dubious and unwarranted
charges. More precisely, according to its interrogatory responses.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=bdp5i2Jt
The Plaintiffs are represented by:
Brandon J. Hill, Esq.
Luis A. Cabassa, Esq.
WENZEL FENTON CABASSA, P.A.
1110 North Florida Ave., Suite 300
Tampa, FL 33602
Telephone: (813) 224 0431
Facsimile: (813) 229 8712
E-mail: lcabassa@wfclaw.com
bhill@wfclaw.com
twells@wfclaw.com
mk@wfclaw.com
The Defendant is represented by:
Wendy J. Stein, Esq.
BONNER KIERNAN TREBACH & CROTIATA, LLP
1233 20th Street, N.W., 8th Floor
Washington, DC 20036
PIER ENTERPRISES: Class Certification Sought in "Reyes" Suit
------------------------------------------------------------
In the lawsuit titled MIKE REYES, GORDON JACKSON, FELIPE DEL MURO,
and SERGIO LUNA, individually and on behalf of all employees
similarly situated, the Plaintiffs, v. PIER ENTERPRISES GROUP,
INC. DBA DC LOGISTICS and DBA DC FREIGHT, a California
corporation; TRINET HR CORPORATION, a California corporation;
STRATEGIC OUTSOURCING, INC., a California corporation; AMLEASE
CORPORATION, a corporation; ROUTE 66 HR OUTSOURCING, INC., a
California corporation; BARRETT BUSINESS SERVICES, INC., a
corporation; and DOES 1 through 100, inclusive, the Defendants,
Case No. 5:15-cv-02108-JGB-DTB (C.D. Cal.), the Plaintiffs will
move the Court on August 7, 2017, at 9:00 a.m. for class
certification.
The Plaintiffs further ask the Court for an order to:
1. create necessary subclasses;
2. appoint Plaintiffs Mike Reyes, Gordon Jackson, Felipe Del
Muro, and Sergio Luna as representatives of the class so
certified;
3. appoint the law firm of Davis, Gavsie & Hakim, LLP as class
counsel; and
4. make such other orders as are necessary to effectuate the
relief sought.
A copy of the Notice of Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=hSxnHvoF
The Plaintiffs are represented by:
Roxanne A. Davis, Esq.
Frank Hakim, Esq.
DAVIS, GAVSIE & HAKIM, LLP
233 Wilshire Boulevard, Suite 400
Santa Monica, CA 90401
Telephone: (310) 899 2059
Facsimile: (310) 789 2249
E-mail: Roxanne@DGHLawyers.com
Frank@DGHLawyers.com
PIOLA PROPERTY: Faces "Jorge" Suit Over Breach of Contract
----------------------------------------------------------
LAWRENCE JORGE, the Plaintiff, v. PIOLA PROPERTY MANAGEMENT LLC,
and CHRISTIAN MANTUANO, the Defendant, Case No. 603127/2017 (N.Y.
Sup. Ct. May 2, 2017), seeks to recover damages caused in the
breach of contract and diversion of trust assets by Mantuano.
The action deals with trust assets pertaining to improvement of
real property located at 1 Henry Street, Bethpage, New York, and
this action is properly venued in Nassau County.
The Plaintiff on his own behalf and on behalf of all others in the
class of Lien Law Trust Beneficiaries of a Trust to share in the
funds, alleges that Mantuano has knowingly diverted trust funds
for the subject job for purposes other than permissible
applications to the subject work.
On April 23, 2015, the Plaintiff entered into a contract with
Piola for the construction of a one family home upon the Premises.
The total price provided for in the contract was $400,000.00. The
contract, by its terms, provided that after the downpayment, that
installment payments would be coordinated with bank inspections.
As the work progressed, the Plaintiff made some of the payments to
Piola with his own funds. As the work progressed. Plaintiff drew
against a fine of credit taken out
Citizens Financial Group, which was secured by a mortgage upon the
Premises. These funds were paid by the Plaintiff to Piola. While
Plaintiff had made certain changes as the work progressed, the
amount billed by Piola far exceeded the reasonable cost of any
such changes. Plaintiff had also furnished and installed some of
the work at his own expense, and Piola consistently refused to
give him full and fair credit for the materials he had furnished
and the work which was done at Plaintiff s sole cost and expense.
After the commencement of the within action, die Contractor filed
a verified mechanic's lien upon the subject premises alleging that
the agreed price and the value of labor performed and the value of
materials furnished was $443,069. The Plaintiff disputes that any
money is owed to the Contractor, specifically disputes the $43,069
in extras which the Contractor claims to be due, and alleges that
he is entitled to judgment against the Contractor for a sum in
excess of the monetary jurisdictional limits of all other courts
which would otherwise have subject matter jurisdiction.
Since the mechanic's lien alleges that the unpaid amount for labor
performed and material furnished was $134,869, the Contractor
implicitly acknowledges payment of $308,200. The Bank made
periodic inspections of the work being done upon the
Premises, and generated reports reflecting the percentage of
substantial completion of the work which had been reached.
As the work on the Premises progressed, Piola continued to insist
on payments which far exceeded the percentage of completion
reflected by the inspections done by the Bank.[BN]
The Plaintiff is represented by:
Lawrence Jorge, Esq.
LAW OFFICES OF WILLIAM CAFARO
108 West 39th Street, Suite 602
New York, NY 10018
The Defendants are represented by:
ABRAMS, FENSTERMAN, FENSTERMAN
3 Dakota Drive Ste 300
Lake Success, NY 11042
Telephone: (516) 328 2300
Q.E.D. ENVIRONMENTAL: FLSA Class Certification Partly Granted
-------------------------------------------------------------
In the lawsuit entitled TERRILL JOHNSON, the Plaintiff, v. Q.E.D.
ENVIRONMENTAL SYSTEMS INC., the Defendant, Case No. 3:16-cv-01454-
WHO (N.D. Cal.), the Hon. District Judge William H. Orrick entered
an order:
1. granting QED's motion to deny class certification;
2. granting in part Plaintiffs' motion for conditional
certification pursuant to Fair Labor Standards Act with
regard to production line workers in San Leandro from the
period of March 31, 2014 - August 22, 2014, and denying
with regard to all other employees and time periods; and
3. denying QED's motion for sanctions.
A case management conference is set for May 23, 2017 at 2:00 p.m.
The parties shall file a joint case management statement by May
16, that proposes a schedule for this case through trial.
Judge Orrick said, "QED has identified many weaknesses in
plaintiffs' case and the way it has been litigated. But the
evidence shows that plaintiffs' counsel communicated with Johnson
and obtained and reviewed all of the documents he had that dealt
with his employment at QED, with the exception of a notebook that
Johnson had left at his mother's house and which was accidentally
destroyed Based on Johnson's statements that QED had an auto-
deduct policy, that it had 22 employees at the San Leandro
facility and had other facilities, and that his supervisor
encouraged him and his coworkers to miss meal breaks, it was not
unreasonable for plaintiffs' counsel to believe they could succeed
on their class action and FLSA claims. Further, without having the
California Addendum, it was reasonable for plaintiffs' counsel to
believe and assert that QED had a facially non-compliant meal
break policy. "An attorney may not be sanctioned for a complaint
that is not well-founded, so long as she conducted a reasonable
inquiry." In re Keegan Mgm't Co., Securities Litig., 78 F.3d 431,
434 (9th Cir. 1996. I might feel differently about awarding
sanctions if QED had clean hands. But it stonewalled the 30(b)(6)
deposition that would verify the lack of numerosity until I
ordered it to produce a person most knowledgeable. When a
defendant has the information to defeat class certification and
refuses to provide it absent court order, it does not deserve to
benefit from its adversaries' failures. Rule 11 sanctions are not
appropriate here".
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=O4b2o2oh
RALPHS GROCERY: Levin Sues over Inflated Price of Plastic Bags
--------------------------------------------------------------
BENZION LEVIN, an individual, on his own behalf and on behalf of
all others similarly situated, the Plaintiff, v. RALPHS GROCERY
COMPANY, INC. an Ohio Corporation, and DOES 1-100, inclusive, the
Defendant, Case No. BC659778 (Cal. Super. Ct., May 1, 2017),
contends that Ralphs, a supermarket chain with over 300 stores in
the state of California, has used California's ban on single-use
plastic bags to unfairly profit off of consumers. Ralphs
surreptitiously charges an inflated price for plastic bags. Signs
displayed near the point-of-sale in Ralphs stores advertise the
price of reusable plastic bags as 10 cents per bag, when in fact,
Ralphs charges 15 cents for these bags. As a result, Plaintiffs
and members of the class who purchased plastic bags have been
overcharged. Defendants' conduct constitutes false advertising and
violates the California Unfair Competition Law, the California
Consumer Legal Remedies Act, the California False Advertising Law.
Plaintiff brings this action on behalf of himself and a class of
purchasers to stop Defendants' from misrepresenting the price of
plastic bags and to refund the monies overcharged.[BN]
The Plaintiff is represented by:
David C. Parisi, Esq.
Suzanne Havens Beckman, Esq.
PARISI & HAVENS LLP
212 Marine Street, Suite 100
Santa Monica, CA 90405
Telephone: (818) 990 1299
Facsimile: (818) 501 7852
E-mail: dcparisi@parisihavens.com
shavens@parisihavens.com
- and -
Yitzchak H. Lieberman, Esq.
Grace E. Parasmo, Esq.
PARASMO LIEBERMAN LAW
7400 Hollywood Blvd, No. 505
Los Angeles, CA 90046
Telephone: (917) 657 6857
Facsimile: (877) 501 3346
E-mail: ylieberman@parasmoliebermanlaw.com
gparasmo@parasmoliebermanlaw.com
RELIANCE TRUST: Class Certification Bid in "Feinerman" Denied
-------------------------------------------------------------
The Hon. Judge Gary Feinerman entered an order in the lawsuit
styled Altavia Matthews, the Plaintiff, v. Reliance Trust Company,
the Defendant, Case No. 1:16-cv-04773 (N.D. Ill.), denying
Plaintiff Matthews's class certification motion.
According to the docket entry made by the Clerk on May 3, 2017,
status hearing is held and continued to May 31, 2017 at 9:00 a.m.
Plaintiff shall file a motion to amend/substitute by May 4.
Defendant's response is due by May 18 and reply due is by May 25.
Defendant's motion for leave to file documents under seal is
granted. Defendant may file under seal the designated materials,
so long as it publicly files redacted versions of those materials.
Defendant's summary judgment motion is entered and continued. The
May 8 motion hearing is stricken.
A copy of the Docket Entry is available at no charge at
http://d.classactionreporternewsletter.com/u?f=SjVKyJqt
RESURGENT CAPITAL: Faces "Kalmenson" Suit in E.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Resurgent Capital
Services L.P. The case is entitled as Josef Kalmenson, on behalf
of himself and all other similarly situated consumers, the
Plaintiff, v. Resurgent Capital Services L.P. and Cach, LLC, the
Defendants, Case No. 1:17-cv-02647 (E.D.N.Y., May 2, 2017).
Resurgent Capital Services is a manager and servicer of domestic
and international consumer debt portfolios for credit grantors and
debt.[BN]
The Plaintiff is represented by:
Maxim Maximov, Esq.
MAXIM MAXIMOV, LLP
1701 Avenue P
Brooklyn, NY 11229
Telephone: (718) 395 3459
Facsimile: (718) 408 9570
E-mail: m@maximovlaw.com
RFUTURE CORP: Placeholder Motion for Class Certification Filed
--------------------------------------------------------------
In the lawsuit captioned ABLE HOME HEALTH, LLC, on behalf of
plaintiff and the class members, the Plaintiff, v. RFUTURE CORP.,
and JOHN DOES 1-10, the Defendants, Case No. 1:17-cv-02627 (N.D.
Ill.), the Plaintiff ask the Court for an order determining that
the action may proceed as a class action against Defendant.
The Plaintiff defines the classes as follows:
For purposes of Count I, alleging violation of the Telephone
Consumer Protection Act, 47 U.S.C. section 227:
"(a) all persons with fax numbers (b) who, on or after a date
four years prior to the filing of this action (28 U.S.C.
section 1658), (c) were sent faxes by or on behalf of
defendant RFuture Corp., promoting its goods or services for
sale (d) with respect to which defendant RFuture Corp. does
not have evidence of consent or an established business
relationship prior to sending the fax".
For purposes of Count II, alleging violation of the Illinois
Consumer Fraud Act, 815 ILCS 505/2:
"(a) all persons with Illinois fax numbers (b) who, on or
after a date three years prior to the filing of this action,
(c) were sent faxes by or on behalf of defendant RFuture
Corp., promoting its goods or services for sale (d) with
respect to which defendant RFuture Corp. does not have
evidence of consent or an established business relationship
prior to sending the fax.
For purposes of Count III, alleging conversion, and Count IV,
alleging trespass to chattels:
"(a) all persons with Illinois fax numbers (b) who, on or
after a date five years prior to the filing of this action,
(c) were sent faxes by or on behalf of defendant RFuture
Corp., promoting its goods or services for sale (d) with
respect to which defendant RFuture Corp. does not have
evidence of consent or an established business relationship
prior to sending the fax".
The Plaintiff further asks the Court that it be appointed class
representative and that Edelman, Combs, Latturner & Goodwin, LLC
be appointed counsel for the class.
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=SJefpXII
The Plaintiff is represented by:
Daniel A. Edelman, Esq.
Cathleen M. Combs, Esq.
James O. Latturner, Esq.
Heather Kolbus, Esq.
EDELMAN, COMBS,
LATTURNER & GOODWIN, LLC
20 S. Clark Street, Suite 1500
Chicago, IL 60603
Telephone: (312) 739 4200
Facsimile: (312) 419 0379
RGS FINANCIAL: Faces "Shaw" Suit in Eastern District of New York
----------------------------------------------------------------
A class action lawsuit has been filed against RGS Financial, Inc.
The case is styled as Christopher Shaw, individually and on behalf
of all others similarly situated, the Plaintiff, v. RGS Financial,
Inc., the Defendant, Case No. 2:17-cv-02588 (E.D.N.Y., May 1,
2017).
RGS Financial provides BPO and ARM Services -- from third-party
debt collection to customer retention and care.[BN]
The Plaintiff appears pro se.
RGS FINANCIAL: Faces "Frohnhoefer" Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against RGS Financial, Inc.
The case is styled as Maria Frohnhoefer, individually and on
behalf of all others similarly situated, the Plaintiff, v. RGS
Financial, Inc., the Defendant, Case No. 2:17-cv-02643 (E.D.N.Y.,
May 2, 2017).
RGS Financial provides third-party debt collection and customer
retention and care.[BN]
The Plaintiff is represented by:
Craig B. Sanders, Esq.
SANDERS LAW, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (516) 203 7600
Facsimile: (516) 281 7601
E-mail: csanders@sanderslawpllc.com
RICHARDSON STEVEDORING: Certification of Riggers Class Sought
-------------------------------------------------------------
In the lawsuit styled HECTOR BRAVO on behalf of himself
individually, and ALL OTHERS SIMILARLY SITUATED, the Plaintiff, v.
RICHARDSON STEVEDORING AND LOGISTIC SERVICES INC., the Defendants,
Case No. 4:17-cv-00675 (S.D. Tex.), the Plaintiff asks the Court
to certify a class of:
"all Riggers Employed By Richardson Stevedoring and Logistics
Services Inc. Within The Past Three Years Who Were Not Paid
Time and a Half for Overtime Hours Worked."
The Defendant has a common policy of paying Riggers straight time
instead of the statutorily required overtime pay for hours worked
above forty each week. Hector Bravo, Ricardo Fuentes, Pedro
Fuentes III, and Alano Lopez all have submitted affidavits
indicating that they were subjected to a common company policy
depriving Riggers of overtime compensation.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=h8i7oIX1
The Plaintiffs are 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
RURAL KING: Faces "Gunaris" Suit in Northern District of Ohio
-------------------------------------------------------------
A class action lawsuit has been filed against Rural King Holding
Co. The case is titled as Alex Gunaris, On behalf of himself and
all others similarly situated, the Plaintiff, v. Rural King
Holding Co., Rural King Administration, Inc., Rural King Realty,
LLC, and Norwalk Rural King Supply, Inc., the Defendants, Case No.
3:17-cv-00919-JGC (N.D. Ohio, May 1, 2017). The case is assigned
to the Hon. Judge James G. Carr.
Rural King Supply is a farm supply store based in Mattoon,
Illinois, United States. Founded in 1960, it now has 105 stores in
the U.S. states of Florida, Illinois, Indiana, Kentucky,
Tennessee, Ohio, Michigan, Missouri, Pennsylvania, Virginia West
Virginia, and North Carolina. The company also operates an online
store.[BN]
The Plaintiff is represented by:
Jason R. Bristol, Esq.
Joshua R. Cohen, Esq.
Joshua B. Fuchs, Esq.
COHEN, ROSENTHAL & KRAMER
400 Hoyt Block Bldg.
700 St. Clair Avenue, W
Cleveland, OH 44113
Telephone: (216) 781 7956
Facsimile: (216) 781 8061
E-mail: jbristol@crklaw.com
jcohen@crklaw.com
jfuchs@crklaw.com
RUSHMORE LOAN: Court Denied Class Certification Bid in "Sellers"
----------------------------------------------------------------
In the lawsuit styled RANDOLPH SELLERS, individually and on behalf
of a class of persons similarly situated and TABETHA
SELLERS, individually and on behalf of a class of persons
similarly situated, the Plaintiffs, v. RUSHMORE LOAN MANAGEMENT
SERVICES, LLC, the Defendant, Case No. 3:15-cv-01106-TJC-PDB (M.D.
Fla.), the Hon. Judge Timothy J. Corrigan entered an order:
1. granting Defendant Rushmore Loan Management Services, LLC's
motion for summary judgment as to Count III, the motion is
otherwise denied; and
2. denying Plaintiffs' motion for class certification without
prejudice of:
"all Florida consumers who: (a) had or have a residential
mortgage loan that was acquired by RUSHMORE and/or
transferred to RUSHMORE for servicing when in default; (b)
received a Chapter 7 bankruptcy discharge of their mortgage
debt; and (c) were sent an "Account Statement," to the
Complaint, from RUSHMORE during the respective applicable
statute of limitations."
If Plaintiffs choose to file an amended motion for class
certification, they must do so by June 1, 2017. Rushmore shall
file its response by June 30, 2017.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=Yc6gg8eA
S.W. QUEENS: Faces "Niemyski" Suit in New York Supreme Court
------------------------------------------------------------
A class action lawsuit has been filed against S.W. Queens
Mezzanine LLC. The case is entitled as NIEMYSKI, PAWEL, ON BEHALF
OF HIMSELF AND OTHERS SIMILARLY SITUATED, the Plaintiff, v. S.W.
QUEENS MEZZANINE LLC, ADAM ONOPIAK AND BOGDAN KOSIERADZKI, the
Defendant, Case No. 712191/2016 (N.Y. Sup. Ct., May 1, 2017).
SW Queens offers building and apartment rentals.[BN]
The Plaintiff is represented by:
Robert Wisniewski, Esq.
225 Broadway, Ste 2115
New York, NY 10007
Telephone: (212) 267 2101
The Defendant is represented by:
JACKSON LEWIS LLP
58 South Service Rd., Ste. 410
Melville, NY 11747
Telephone: (631) 247 0404
SABATINO TRUFFLES: Olive Oil Lacks Truffle, "Quiroz" Suit Says
--------------------------------------------------------------
PATRICK QUIROZ, DOMINIQUE MIRZA, and LOUISE CRESPO, on behalf of
themselves and all others similarly situated, the Plaintiffs, v.
SABATINO TRUFFLES NEW YORK, LLC and SABATINO NORTH AMERICA, LLC,
the Defendants, Case No. 8:17-cv-00783 (C.D. Cal., May 3, 2017,
2017), seeks to recover damages against Defendants for breach of
the Magnuson-Moss Warranty Act, breaches of express and implied
warranty, unjust enrichment, negligent misrepresentation, fraud,
and violations of New York, Pennsylvania, and California's false
advertising and consumer protection laws.
The case is a class action against Sabatino Truffles New York, LLC
and Sabatino North America, LLC, for the false, misleading, and
deceptive misbranding of their Sabatino White Truffle Infused
Olive Oil and Sabatino Black Truffle Infused Olive Oil sold to
consumers. Sabatino markets their truffle oil as being infused
with actual "White Truffle[s]" or "Black Truffle[s],"
respectively. But Sabatino Truffle Oil is nothing of the sort;
instead of flavoring its oil with actual "White Truffle[s]" or
"Black Truffle[s]," Defendants' Products are flavored with an
industrially produced, chemically-derived perfume known as
"2,4-dithiapentane." Despite the absence of actual "White Truffle"
or "Black Truffle," Sabatino Truffle Oil is sold at a substantial
price premium over olive oil not infused with real truffles.
2,4-Dithiapentane, also known as "formaldehyde dimethyl
mercaptal," is synthetically prepared by the acid-catalyzed
addition of methyl mercaptan to formaldehyde. Although it emulates
the taste and smell of truffles, it is not truffle.
Sabatino's misbranding is intentional. The front label and
packaging of Sabatino Truffle Oil represents in extra-large, bold
lettering that the product is infused with "White Truffle" and
"Black Truffle," respectively. The mislabeling of Sabatino Truffle
Oil renders the product completely worthless. By mislabeling its
products, Sabatino dupes consumers into purchasing something that
is not truffle oil. Nevertheless, Sabatino Truffle Oil is labeled
and sold as premium truffle oil, and it commands a significant
price premium over other olive
oil products. For example, Sabatino Truffle Oil commands a 934% -
990% price premium, per fluid ounce, over a competing olive oil
brand.
The Defendant is an importer of gourmet truffle oils and other
Italian delicacies. It markets and sells these oils widely
throughout the United States.[BN]
The Plaintiffs are represented by:
L. Timothy Fisher, Esq.
Joel D. Smith, Esq.
Scott A. Bursor, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300 4455
Facsimile: (925) 407 2700
E-Mail: ltfisher@bursor.com
jsmith@bursor.com
scott@bursor.com
SAMSUNG ELECTRONICS: Faces "Jones" Suit in W.D. Florida
-------------------------------------------------------
A class action lawsuit has been filed against Samsung Electronics
America, Inc. The case is captioned as BRITTANY JONES,
individually and on behalf of those similarly situated, the
Plaintiff, v. SAMSUNG ELECTRONICS AMERICA, INC., the Defendant,
Case No. 2:17-cv-00571-JFC (W.D. Fla., May 3, 2017). The case is
assigned to the Hon. Chief Judge Joy Flowers Conti.
Headquartered in Ridgefield Park, New Jersey, Samsung Electronics
America, Inc. is engaged in consumer electronics design.[BN]
The Plaintiff is represented by:
D. Aaron Rihn, Esq.
ROBERT PEIRCE & ASSOCIATES, P.C.
707 Grant Street, Suite 2500
Pittsburgh, PA 15219
Telephone: (412) 281 7229
Facsimile: (412) 281 4229
E-mail: arihn@peircelaw.com
SEPTA: Rejects Job Applicants with Criminal Records, Suit Claims
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FRANK LONG, JOSEPH SHIPLEY, MICHAEL WHITE, individually and on
behalf of all others similarly situated, the Plaintiffs, v.
SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, the Defendant,
Case No. 170500784 (Court of Common Pleas Philadelphia County, May
3, 2017, 2017), seeks injunctive and declaratory relief; actual,
real and/or statutory damages; exemplary and
punitive damages; pre-judgment and post-judgment interest; and
reasonable attorneys' fees, costs against SEPTA for willful
violation of Pennsylvania's Criminal History Record
Information Act (CHRIA).
SEPTA, one of Philadelphia's largest employers, rejects job
applicants with criminal records even where the criminal history
of the applicant does not have a relationship to their suitability
for the job. SEPTA's overbroad and illegal policies and practices
in screening job applicants with criminal records include an
explicit policy (SEPTA Policy No. E20) barring individuals with
any felony or misdemeanor drug related convictions from employment
in "[a]ll positions which
require the operation of a SEPTA vehicles [sic]" or "positions
requiring the maintenance, repair or operation of power
facilities, substations, towers, signals, vehicles or rolling
stock." This wholesale ban is unlawful under
CHRIA, which permits employers to consider convictions "only to
the extent to which they relate to the applicant's suitability for
employment in the position for which he [or she] has applied."
The Plaintiffs, who each have old minor drug convictions and who
were summarily denied employment based on SEPTA's policy, bring
this case on their own behalf and that of a proposed class of all
others similarly situated.[BN]
The Plaintiff is represented by:
Adam T. Klein, Esq.
Ossai Miazad, Esq.
Lewis M. Steel, Esq.
Christopher M. McNemey, Esq.
Cheryl-Lyn Bentley, Esq.
OUTTEN & GOLDEN LLP
685 Third Avenue, 25th Floor
New York, NY 10017
Telephone: (212) 245 1000
- and -
Ryan Allen Hancock, Esq.
Danielle Newsome, Esq.
WILLIG, WILLIAMS & DAVIDSON
1845 Walnut Street, 24th Flo
Philadelphia, PA 19103
Telephone: (215) 656 3679
- and -
Benjamin D. GefFen, Esq.
PUBLIC INTEREST LAW CENTER
1709 Benjamin Franklin Parkway, 2d Floor
Philadelphia, PA 19103
Telephone: (267) 546 1308
- and -
Michael Lee, Esq.
Michael Hardiman, Esq.
PHILADELPHIA LAWYERS
FOR SOCIAL EQUITY
1501 Cherry Street
Philadelphia, PA 19102
Telephone: (215)995 1230
- and -
Jon Greenbaum, Esq.
Mateya Kelley, Esq.
LAWYERS' COMMITTEE FOR CIVIL
RIGHTS UNDER LAW
1401 New York Ave., NW
Washington, DC 20005
Telephone: (202) 662 8600
SPECTRUM SOFTWARE: Health Care Sys. Sues Over Spam Advertisements
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COMPREHENSIVE HEALTH CARE SYSTEMS OF THE PALM BEACHES, INC., a
Florida corporation, individually and as the representative of a
class of similarly-situated persons, the Plaintiff, v. SPECTRUM
SOFTWARE SOLUTIONS, INC., the Defendant, Case No. 9:17-cv-80559-
DMM (S.D. Fla., May 3, 2017, 2017), seeks statutory damages,
trebling of statutory damages if the Court determines Defendant's
violations were knowing or willful, injunctive relief,
compensation and attorney fees, and all other relief the Court
deems appropriate under the circumstances.
The Defendant has sent advertisements by facsimile in violation of
the Telephone Consumer Protection Act and the regulations the
Federal Communications Commission (FCC). The Defendant sent
Plaintiff at least one advertisement by facsimile and in violation
of the TCPA. The Plaintiff did not expressly consent to receive
Defendant's advertisements by fax and does not have an established
business relationship with Defendant.
The Plaintiff brought this action against Defendant on behalf of a
class of all persons or entities that Defendant sent one or more
telephone facsimile messages (faxes) about goods, products, or
services available for purchase from Spectrum.
The Defendant's unsolicited advertisements damaged Plaintiff and
the other class members. Unsolicited faxes tie up the telephone
lines, prevent fax machines from receiving authorized faxes,
prevent their use for authorized outgoing faxes, cause undue wear
and tear on the recipients' fax machines, and require additional
labor to attempt to discern the source and purpose of the
unsolicited message. The recipient of a "junk" fax loses the use
of its fax machine, and many lose their paper and ink toner in
printing the fax. Such an unsolicited fax interrupts the
recipient's privacy. A junk fax wastes the recipient's valuable
time that would have been spent on something else.
Spectrum is a for-profit medical office management and electronic
health record software provider and medical transcription service
company.[BN]
The Plaintiff is represented by:
Phillip A. Bock, Esq.
BOCK, HATCH, LEWIS & OPPENHEIM, LLC
134 N. LaSalle St., Ste. 1000
Chicago, IL 60602
P.O. Box 416474
Miami Beach, FL 3311
Telephone: (312) 658 5500
Facsimile: (312) 658 5555
STEAK N SHAKE: Conditional Certification of FLSA Class Sought
-------------------------------------------------------------
In the lawsuit captioned CORINNA CLENDENEN, on behalf of herself
and others similarly situated, the Plaintiffs, v. STEAK N SHAKE
OPERATIONS, INC. an Indiana Corporation, the Defendant, Case No.
1:17-cv-01045-JBM-JEH (C.D. Ill.), the Plaintiff asks the Court to
issue an order:
a. granting Plaintiff's motion for conditional class
certification under of FLSA and permitting a Court approved
Notice to be sent to all of Defendant's employees who
performed work as a "Manager" in all Group Markets
(excluding the St. Louis Group Market) for three years from
the filing of this Motion;
b. directing the Defendant to provide a list of names of these
persons within 14 days of the Court's order with their last
known home mailing addresses and phone numbers, all in a
workable electronic format for mailing purposes;
c. providing the last four digits of social security numbers
for all class members whose mailed notices are returned
undeliverable so Plaintiff can locate a viable mailing
address; and
d. granting such other relief the Court deems just and proper.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=hj7NQBaL
The Plaintiff is represented by:
Brendan J. Donelon, Esq.
420 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 221 7100
Facsimile: (816) 709 1044
E-mail: brendan@donelonpc.com
- and -
Daniel W. Craig, Esq.
6614 Clayton Road, No. 320
St. Louis, MO 63117
Telephone: (314) 297 8385
Facsimile: (816) 709 1044
E-mail: dan@donelonpc.com
The Defendant is represented by:
David K. Haase, Esq.
Catherine S. Lindemann, Esq.
Littler Mendelson, PC
321 North Clark Street, Suite 1000
Chicago, IL 60654
Telephone: (312) 795 3286
Facsimile: (312) 276 4982
E-mail: DHaase@littler.com
clindemann@littler.com
- and -
Patricia J. Martin, Esq.
Andrew C. Johnson, Esq.
LITTLER MENDELSON, P.C.
One Metropolitan Square
211 North Broadway, Suite 1500
St. Louis, MO 63102
Telephone: (314) 659 2000
Facsimile: (314) 659 2099
E-mail: pmartin@littler.com
ajohnson@littler.com
STEPHEN EINSTEIN: Faces "Buslayev" Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Stephen Einstein &
Associates, P.C. The case is titled as Sergey Buslayev, on behalf
of himself and all other similarly situated consumers, the
Plaintiff, v. Stephen Einstein & Associates, P.C., the Defendant,
Case No. 1:17-cv-02677 (E.D.N.Y., May 3, 2017).
Stephen Einstein & Associates, P.C. was established in 1989 as a
law firm focused on a creditor rights, collections, litigation and
real estate.[BN]
The Plaintiff appears pro se.
TAYLOR SMITH: Court Granted Bid to Conditionally Certify Class
--------------------------------------------------------------
In the lawsuit captioned WILLIAM J. LAW, Jason Blackshear, Jonas
Nelson, Frederico Daniels, and Donald McAfee on behalf of
Themselves and All Others Similarly Situated, the Plaintiffs. v.
Taylor Smith Consulting, LLC, the Defendant, Case No. 4:16-cv-
01164 (S.D. Tex.), the Court granted on May 3, 2017 Plaintiff's
motion to conditionally certify collective action.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=glKBAjTC
TRANSWORLD SYSTEMS: Faces Fagen et al. Wage-and-Hour Suit
---------------------------------------------------------
A class action lawsuit has been filed against Transworld Systems,
Inc. The case is titled as JEFFREY FAGEN, JEFFREY ELLIS, and
RICHARD O'ROURKE, individually and on behalf of all others
similarly situated, the Plaintiff, v. TRANSWORLD SYSTEMS, INC.
the Defendant, Case No. BCG60039 (Cal. Super. Ct., May 2, 2017),
seeks to recover damages for failure of Defendant to reimburse for
work-related expenditures, failure to pay overtime wages, and
failure to pay minimum wages under California Labor Code.
The Plaintiffs and other similarly situated employees are
individuals who have been hired by Transworld as "Sales
Representatives" and "Sales Managers" (collectively, "Sales
Personnel") and worked in California to sell Transworld's debt
collection services. Transworld misclassifies its Sales Personnel
independent contractors despite its right to control numerous
aspects of their work and despite the fact that Sales Personnel
are an essential part of Transworld's business.
As a result of Transworld's misclassification of Sales Personnel
as independent contractors, in violation of Cal. Lab. Code,
Transworld does not reimburse its Sales Personnel for necessary
and reasonable business related expenses, including, but not
limited to, costs incurred for travel, cellular phone usage,
internet usage, office supplies, and purchase of sales kits and
other promotional materials, in violation of state law (Count I).
Transworld also fails to pay its Sales Personnel overtime premium
pay for hours worked in excess of eight per day and 40 per week,
in violation of California law (Count II). Additionally, during
pay periods in which Sales Personnel's commissions are too low,
Transworld fails to pay its Sales Personnel minimum wage in
violation of California law (Count III).
Transworld also willfully fails to provide its Sales Personnel
with accurate, itemized wage statements (Count IV).
Transworld's violations of California law are unlawful business
practices under the California Business & Professions Code (Count
V). Finally, Transworld's violations of the California Labor Code,
as described above and further herein, subjects Transworld to
penalties under the Labor Code Private Attorneys General Act of
2004 (Count VI).
Transworld Systems is a national debt collection company.[BN]
The Plaintiff is represented by:
Shannon Liss-Riordan, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone: (617) 994 5800
Facsimile: (617) 994 5801
E-mail: sliss@llrlaw.com
- and -
Matthew D. Carlson, Esq.
LICHTEN & LISS-RIORDAN, P.C.
466 Geary St., Suite 201
San Francisco, CA 94102
Telephone: (415) 630 2651
Facsimile: (617) 995 5801
E-mail: mcarlson@llrlaw.com
TSG COLLECTIONS: Faces "Gendelberg" Suit in E.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against TSG Collections,
LLC. The case is captioned as Galina Gendelberg, on behalf of
herself and all other similarly situated consumers, the Plaintiff,
v. TSG Collections, LLC, the Defendant, Case No. 1:17-cv-02644
(E.D.N.Y., May 2, 2017).
TSG Collections is a debt collection agency.[BN]
The Plaintiff appears pro se.
UNION SETTLEMENT: Morales Seeks Unpaid OT Wages
-----------------------------------------------
Karen Morales, Individually and on behalf of all others similarly-
situated, the Plaintiff, v. Union Settlement Association, Inc.,
the Defendant, Case No. 154117/2017 (N.Y. Sup. Ct. May 3, 2017,
2017), seeks to recover unpaid overtime wages, non-overtime wages,
maximum liquidated damages and attorneys' fees under New York
Labor Law (NYLL) and New York Minimum Wage Act (NYMWA).
The Plaintiff alleges pursuant to NY Civil Practice Law and Rules,
on behalf of herself and a class of other similarly-situated
current and former employees who were employed by Defendant
pursuant to the NYLL that she and they are: (i) entitled to unpaid
overtime wages from Defendant for working more than forty hours in
a week and not being paid an overtime rate of at least 1.5 times
their regular rate for such hours over forty in a week; (ii)
entitled to non-overtime wages from Defendant for not being paid
their hourly rate for each and all non-overtime hours worked; and
(iii) entitled to maximum liquidated damages and attorneys' fees,
pursuant to the NYMWA.
Union Settlement Association is one of the oldest settlement
houses in New York City.[BN]
The Plaintiff is represented by:
Abdul K. Hassan, Esq.
ABDUL HASSAN LAW GROUP, PLLC
215-28 Hillside Avenue,
Queens Village, NY 11427
Telephone: (718) 740 1000
Facsimile: (718) 740 2000
E-mail: abdul@abdulhassan.com
UNION TURNPIKE: Takhalov Seeks Unpaid Wages Under Labor Code
------------------------------------------------------------
EDEN TAKHALOV, on behalf of themselves and others similarly
situated, the Plaintiff, v. UNION TURNPIKE CAFE, INC.; IGOR
ISACHAROV; BEN ISACHAROV; or any other related entities or
individuals, the Defendant, Case No. 700815/2017 (N.Y. Sup. Ct.,
May 2, 2017), seeks to recover compensation, including gratuities
and unpaid wages, that they were deprived of, plus interest,
attorneys' fees, and costs under New York Labor Law (NYLL).
The Plaintiff asserts allegations pursuant to New York State
Executive Law, New York City Human Rights Law, and the Labor Law
for sexual harassment, hostile work environment, and retaliation.
Beginning in approximately January 2011 and continuing through the
present, Defendants have engaged in a policy and practice of
improperly withholding wages from its employees, and unlawfully
retaining employees' gratuities. The Defendants have also engaged
in a policy and practice of paying its tipped employees a wage
less than the minimum wage for non-tipped employees, without
following the provisions of NYCRR, which require that "all tips
received by such employee[s] have been retained by the
employee[s]."
The Defendant is a casual restaurant for coffees and assortment of
kosher, internationally inspired snacks & entrees.[BN]
The Plaintiff is represented by:
Michael A. Tompkins, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873 9550
The Defendant is represented by:
Stephen D Hans
45-18 Court Square Ste 403
Lic, NY 11101
Telephone: (718) 275 6700
UNITED COLLECTION: Faces "Sims" Suit in E.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against United Collection
Bureau, Inc. The case is captioned as Stephanie Sims and Paula
Divirgilio, individually and on behalf of all others similarly
situated, the Plaintiffs, v. United Collection Bureau, Inc., the
Defendant, Case No. 2:17-cv-02639 (E.D.N.Y., May 2, 2017).
United Collection provides debt collection services for companies,
government, healthcare, utility, financial service, communication,
and students.[BN]
The Plaintiff is represented by:
Craig B. Sanders, Esq.
SANDERS LAW, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (516) 203 7600
Facsimile: (516) 281 7601
E-mail: csanders@sanderslawpllc.com
UNITED COLLECTION: Faces "Hertzovitz" Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against United Collection
Bureau, Inc. The case is styled as Jennifer Hertzovitz,
individually and on behalf of all others similarly situated, the
Plaintiff, v. United Collection Bureau, Inc., the Defendant, Case
No. 2:17-cv-02638 (E.D.N.Y., May 2, 2017).
United Collection provides debt collection services for companies,
government, healthcare, utility, financial service, communication,
and students.[BN]
The Plaintiff is represented by:
Craig B. Sanders, Esq.
SANDERS LAW, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (516) 203 7600
Facsimile: (516) 281 7601
E-mail: csanders@sanderslawpllc.com
UNITED COLLECTION: Faces "Gueta" Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against United Collection
Bureau Inc. The case is captioned as Haya Gueta, on behalf of
herself and all other similarly situated consumers, the Plaintiff,
v. United Collection Bureau Inc., the Defendant, Case No. 1:17-cv-
02650 (E.D.N.Y., May 3, 2017).
United Collection provides debt collection services for companies
(government, healthcare, utility, financial service,
communication, and student.[BN]
The Plaintiff is represented by:
Daniel C Cohen, Esq.
DANIEL COHEN, PLLC
407 Rockaway Avenue
Brooklyn, NY 11212
Telephone: (646) 645 8482
Facsimile: (347) 665 1545
E-mail: dancohenlaw@gmail.com
UNUM GROUP: Faces "Remington" Suit in Southern Dist. of Florida
---------------------------------------------------------------
A class action lawsuit has been filed against Unum Group
Corporation. The case is captioned as Robin Remington, on her own
behalf and all others similarly situated, the Plaintiff, v. UNUM
Group Corporation and ATHENE ANNUITY & LIFE COMPANY, the
Defendants, Case No. 1:17-cv-21621-JLK (S.D. Fla., May 1, 2017).
The case is assigned to the Hon. Senior Judge James Lawrence King.
Unum provides supplemental insurance coverage in the workplace.
Our benefits protect the financial income of thousands of
employees in numerous industries.[BN]
The Plaintiff is represented by:
Christa Collins, Esq.
HARMON WOODS PARKER
110 North 11th Street, 2nd Floor
Tampa, FL 33602
Telephone: (813) 864 1762
Facsimile: (813) 222 3616
E-mail: clc@harmonwoodslaw.com
VENGROFF WILLIAMS: "Curry" Suit Seeks Moved to E.D. New York
------------------------------------------------------------
The class action lawsuit titled Latrice Curry, on behalf of
herself and all others similarly situated, the Plaintiff, v.
Vengroff Williams, Inc., the Defendant, Case No. 620884/2016, was
removed on May 3, 2017 from the Supreme Court of the State of New
York, County of Suffolk, to the U.S. District Court for the
Eastern District of New York (Central Islip). The District Court
Clerk assigned Case No. 2:17-cv-02673-ADS-SIL to the proceeding.
The case is assigned to the Hon. Judge Arthur D. Spatt.
Vengroff & Williams provides receivables management and business
process outsourcing services.[BN]
The Plaintiff is represented by:
Mitchell L. Pashkin, Esq.
775 Park Avenue, Ste. 255
Huntington, NY 11743
Telephone: (631) 335 1107
E-mail: mpash@verizon.net
The Defendant is represented by:
Richard J. Perr, Esq.
FINEMAN KREKSTEIN & HARRIS, P.C.
Ten Penn Center, Suite 1100
1801 Market Street
Philadelphia, PA 19103
Telephone: (215) 893 9300
Facsimile: (215) 893 8719
E-mail: rperr@finemanlawfirm.com
WCAY INC: Accused of Wage & Hours Violations in "Mitchell" Suit
---------------------------------------------------------------
KAWAN MITCHELL, individually, and on behalf of all others
similarly situated, the Plaintiff, v. WCAY, INC., a California
Corporation; LARRY PHILLIPS SUPPORTED DAY PROGRAM, INC., a
California Corporation; and DOES 1 through 50, inclusive, the
Defendants, Case No. BC659418 (Cal. Super. Ct., May 1, 2017),
seeks equitable relief, interest, restitution, and reasonable
attorney's fees and costs.
The Plaintiff sue the Defendants for California Labor Code
violations, and unfair business practices stemming from
Defendants' failure to provide meal periods, failure to authorize
and permit rest periods, failure to pay minimum and straight
time wages, failure to pay overtime wages, failure to timely pay
all wages to terminated employees, failure to furnish accurate
wage statements, failure to maintain accurate records of hours
worked, and failure to permit employees to use accrued sick leave.
WCAY Inc. provides personalized services designed to meet the
needs of every patient.[BN]
The Plaintiff is represented by:
Kane Moon, Esq.
Justin F. Marquez, Esq.
Allen Feghali, Esq.
MOON & YANG, APC
3435 Wilshire Blvd., Suite 1820
Los Angeles, CA 90010
Telephone: (213) 232 3128
Facsimile: (213) 232 3125
E-mail: kane.moon@moonyanglaw.com
justin.marquez@moonyanglaw.com
allen.feghali@moonyanglaw.com
WORLDVENTURES HOLDINGS: Yiru Sues over Alleges Pyramid Scheme
-------------------------------------------------------------
MELODY YIRU, aka SHI YIRU, an individual and all those similarly
situated, the Plaintiff, v. WORLDVENTURES HOLDINGS, LLC, a Nevada
Limited Liability Company; WORLD VENTURES, a Nevada Limited
Liability Company; WORLDVENTURES FOUNDATION, a Texas corporation;
WORLDVENTURES MARKET LLC, a Nevada Limited Liability Company,
Michael Azcue, an individual; WAYNE NUGENT, an individual; and
DOES 1-100, the Defendants, Case No BC659422. (Cal. Super. Ct.,
May 1, 2017), seeks a judicial order directing Defendants to cease
and desist all false advertising related to the Defendants'
illegal endless chain scheme, and such other injunctive relief as
the Court finds just and appropriate.
WorldVentures represented to Plaintiff Melody Yiru that she would
make a fortune. Plaintiff and members of the interim class all
joined WorldVentures and became "representatives." However,
Plaintiff did not make money as promised. As with the case of the
more than two hundred fifty thousand WorldVentures representatives
before and after her, Plaintiff failed. Plaintiff and the interim
class failed even though they were committed and put in the time
and effort. They failed because they were doomed from the start by
a WorldVentures marketing plan that systematically rewards
recruiting representatives over sales of travel packages, and
WorldVentures is nothing more than a site that compiles travel
package plans from the website (often at prices significantly in
excess of what a consumer can obtain from Expedia or Travelocity).
About 99.7% of WorldVenture representatives average net losses of
over $1,000 per year, and gross revenues of $140.00. No persons,
except directors and secretly placed individuals into the
"representative" tiers of the company, make any money. The
Defendants run an illegal pyramid scheme. Defendants have been
banned from operating in Norway based on the Court system there
finding that WorldVentures operated an illegal pyramid scheme.
Defendants take money in return for the right to sell travel
membership services and rewards for recruiting other participants
into the pyramid.[BN]
The Plaintiff is represented by:
Blake J. Lindemann,Esq.
LINDEMANN LAW FIRM, APC
433 N. Camden Drive, 4th Floor
Beverly Hills, CA 90210
Telephone: (310) 279 5269
Facsimile: (310) 300 0267
E-mail: blake@lawbl.com
- and -
Daren M. Schlecter, Esq.
LAW OFFICE OF DAREN M. SCHLECTER, APC
1925 Century Park East, Suite 830
Los Angeles, CA 90067
Telephone: (310 -553 5747
ZWICKER & ASSOCIATES: Faces "Fasman" Suit in E.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Zwicker & Associates
PC. The case is captioned as Yuliya Fasman, on behalf of herself
and all other similarly situated consumers, the Plaintiff, v.
Zwicker & Associates PC, the Defendant, Case No. 1:17-cv-02660
(E.D.N.Y., May 3, 2017).
Zwicker & Associates is a law firm whose primary business function
is debt collection.[BN]
The Plaintiff is represented by:
Igor B Litvak, Esq.
THE LAW OFFICE OF IGOR LITVAK
1701 Avenue P
Brooklyn, NY 11229
Telephone: (646) 796 4905
Facsimile: (718) 408 9570
E-mail: igorblitvak@gmail.com
*********
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
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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.
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