/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/170531.mbx C L A S S A C T I O N R E P O R T E R Wednesday, May 31, 2017, Vol. 19, No. 108 Headlines AETNA INC: Court Certifies Plan Participants Class in "Meidl" Suit ALBERTO'S CONSTRUCTION: "Salto" Suit Claims Unpaid Overtime Pay ALLIANCE COLLECTION: Placeholder Class Certification Motion Filed ALLPRO STAFFNET: Hodge Seeks Certification of FLSA Collective Suit AMERICAN HONDA: "Preston" Hits Denied Warranty on Wiring Defect AMERICAN INTEGRATED: "De La Torre" Suit Seeks Unpaid Wages AT&T CORP: "Thompson" Sues Over Auto-dialer Calls AUDIT SYSTEMS: Woodward Files Placeholder Class Cert. Bid AUTOZONE INC: Hernandez Moves to Certify Disabled Persons Class BAJA SERVICES: Bid to Certify Class in Able Home Suit Denied BB&T CORP: Collections Reps Class Certified in "Sheffield" Suit BITESQUAD.COM: "Damasco" Class Cert. Bid Continued to June 15 BONA 1372 INC: Reyes Seeks Conditional Certification of FLSA Suit CAVALRY PORTFOLIO: Grosz et al. Seek to Certify Class CARIBBEAN CRUISE: "Gordon" Suit Seeks to Certify Class CBE GROUP: Certification of Class Sought in "Vytlacil" Suit CENTRAL REFRIGERATED: Applicants Class Certified in "Banks" Suit CLEANSOURCE INC: "Padilla" Seeks Overtime Pay, Damages COMERICA INC: Ajekwu Moves to Certify Class of ABCMs Under FLSA COMPADRES INC: "Fuentes" Suit Seeks Unpaid Overtime Wages, Tips CONVERGENT OUTSOURCING: Cooley's Bid to Certify Class Continued CPI SECURITY: Court Certifies Class of Security Officers CREDIT CONTROL: Faces "Dykes" Suit in Eastern Dist. of New York DEBT RECOVERY: "Garcia" Hits Collection Calls from Auto-dialer DESARROLLADORA HOMEX: Godie Corp. Sues Over Securities Fraud EDGEWATER HEALTH: Pinto Seeks Unpaid Wages Under Labor Code ENCORE RECEIVABLE: Beaufrand Files Placeholder Class Cert. Bid FLOWERS FOODS: Martins Moves to Certify Class of Distributors FRONTLINE ASSET: "Nedd" Sues Over Collection Letter GHP MANAGEMENT: Lewis Seeks Regular & OT Wages Under Labor Code HARVARD PILGRIM: "Vorpahl" Sues Over Denied Therapy HEMBREE GROUP: "Stokes" Labor Suit Seeks Unpaid Overtime Wages HIGHMARK HEALTH: Presque Isle Claims Shortchanged on Medical Bill IBEX CONSTRUCTION: Fails to Pay Contract Balance, Suit Claims IBM CORP: "Rader" Suit Seeks Unpaid Back and Overtime Wages INTELLICALL CORP: "Naiman" Sues Over Illegally Faxed Ads INTERCONTINENTAL CAPITAL: "Bohlke" Suit Seeks to Certify Classes INTERNATIONAL BANK: "Carabalo" Suit Seeks Class Certification INTERNET GOLD: Pelephone Still Faces Claim on Smart Call Service INTERNET GOLD: Unit Still Defends Overseas Call Overcharges Suit INTERNET GOLD: Unit Still Defends Action on Unused Overseas Plan INTERNET GOLD: 4 Lawsuits v. Pelephone Ended in 2016, Early 2017 INTERNET GOLD: Civil Class Action vs. Bezeq Still Ongoing INTERNET GOLD: Moreshet Content Filtering Service Suit Ongoing INTERNET GOLD: Bezeq Int'l Still Defends Overseas Call Lawsuits INTERNET GOLD: Bezeq Int'l Defends Suit on Misleading 100MB Plan INTERNET GOLD: Phone Card Lawsuits vs. Bezeq Int'l Ended in 2016 INTERNET GOLD: Apartment Residents Lawsuit vs. DBS Still Ongoing INTERNET GOLD: Suit vs. DBS on Electronic Advertisements Ongoing INTERNET GOLD: Unit Still Faces Customer Discrimination Lawsuit INTERNET GOLD: VOD Premium Content Suit vs. DBS Still Ongoing INTERNET GOLD: Suit on Subscription Freezing Agreement Continues INTERNET GOLD: Class Suit vs. DBS on Children's Channel Underway INTERNET GOLD: DBS Settles Lawsuit on Channel 5+ Disconnection INTRA-CELLULAR: "Yoo" Hits Share Price Drop Over Drug Safety KANG REGENCY: Faces "Mares" Suit in Southern Dist. of New York KOHL'S CORP: Court Denies ERC's Bid to Certify Class Under ADA LEAP ACADEMY: "Federico" Sues Over Termination of Employment LOS ANGELES, CA: Court Certified 6th and Hope Damages Subclass LOS ANGELES, CA: Wins Judgment on Pleadings in "Yagman" Suit LTD FINANCIAL: Bordeaux Moves for Class Cert.; Hearing on June 5 LVNV FUNDING: Judge Certifies Settlement Class in "Sandoval" Suit MANAGEMENT NETWORK: "Smith" Sues Over Foreclosure MARBLECAST OF MICHIGAN: Bid to Certify Sought in "Garner" Suit MIAMI AUTO MAX: "Vasconcelo" Seeks to Recover Minimum Wages MILK RIVER: Faces "Jones" Suit in Eastern Dist. of New York MMODAL SERVICES: "Seijas" Seeks OT Pay for Off-the-Clock Work MONTGOMERY, AL: Carter Moves for Class Certification MOPHIE INC: Stotz Seeks Certification of Class and Two Subclasses MOSEX EXHIBIT: Faces "Kiler" Suit in Eastern District of New York MSI INVENTORY: "Roush" Seeks Unpaid Overtime, Missed Breaks MYLAN INC: Self-Insured Schools Hits Overpriced Albuterol Sulfate NESTLE USA: McFarland's Motion to Certify Class Denied as Moot NU-WAY TRANSPORTATION: Leadingham Seeks to Certify Drivers Class PIER ENTERPRISES: Reyes Seeks Class Cert.; Hearing Set for Aug. 7 PERMANENTE MEDICAL: Seeks OK of $6.2MM "Brown" Class Settlement PORTFOLIO RECOVERY: Faces "Bereket" Suit in W.D. Washington PREMIER DERMATOLOGY: Smith et al. Seek Class Certification PROFESSIONAL CLAIMS: Faces "Klain" Suit in E.D. New York PUBLIC PARTNERSHIPS: "Talarico" Suit Seeks Damages, Overtime Pay REAL CARE: Faces "Nesterenko" Suit in New York Supreme Court RICH PRODUCTS: Plaintiffs Seek to Notify Route Sales Reps RIVER LOUNGE: "Navarro" Seeks Overtime, Sues Over Missed Breaks ROBERTSON COUNTY, TN: Class Certification Sought in "Cross" Suit ROYAL SEAS: "McCurley" Hits Telemarketing Calls via Auto-dialer SAGUARO LANDSCAPING: "Perez" Seeks Unpaid Wages, Overtime Pay SALTOTO INC: Faces "Arriola" Suit in Southern Dist. of New York SCHURMAN RETAIL: "Sung" Sues Over Data Security Breach SCI DIRECT: "Strache" Sues Over Unsolicited Telemarketing Calls SECURE ONE: Faces "Israni" Suit in Central Dist. of California SFPP RIGHT-OF-WAY CLAIMS: Court Denies Class Certification SILVER BAY: "Schwartz" Finds Tricon Merger Deal Inadequate SOUTH CAROLINA: Mental Health Commission Faces Class Suit SPECTRUM SOFTWARE: Comprehensive Health Seeks Class Certification SPOTIFY USA: Ingalls et al. Seek to Certify Class & Subclass SUFFOLK COUNTY, NY: Faces "Minerva" Suit in N.Y. State Court SUPERIOR LABOR: "Pineda" Action Seeks Unpaid Overtime Pay SWIFT TRANSPORTATION: Court Won't Certify Class in "Mares" Suit TRANS WORLD: "Roper" Suit Seeks to Recover Unpaid Overtime TRANSAMERICA LIFE: "Gordon" Suit Seeks Certification of Classes TRUSTCO BANK: "Dejkunchorn" Suit Seeks Certification of Class U.S. BANK: Dolegiewicz Sues Over Force-Placed Insurance Policies UNION PACIFIC: Cert. Bid in Right-of-Way Suit Under Submission VERITY HEALTHSYSTEM: Faces "Johns" Suit Over Security Breach W BBQ: Faces "Walker" Suit in Eastern District of New York WARREN, MI: Court Certifies Two Classes in NILI Suit WESTERN DENTAL: "King" Sues Over Unauthorized Account Debiting WORLD SERVICE: "Umana" Sues Over Wage & Hour Laws Violations YAHOO! INC: "Wahl" Suit Removed to N.D. Cal. YES HOSPITALITY: "Schrank" Suit Moved to S.D. Florida ZILLOW INC: Accused of Wrongful Conduct Over Property Listing ZODIAC SERVICES: "Uribe" Suit Seeks Unpaid Wages Under Labor Code ********* AETNA INC: Court Certifies Plan Participants Class in "Meidl" Suit ------------------------------------------------------------------ The Hon. Janet C. Hall granted in part and denied in part the Plaintiff's motion for class certification in the lawsuit entitled CHRISTOPHER MEIDL v. AETNA, INC. et al., Case No. 3:15-cv-01319- JCH (D. Conn.). The Court certifies the TMS Class, which consists of: all participants or beneficiaries in Aetna Plans administered by Aetna (or any of its operating divisions) who, from September 3, 2009, to July 29, 2016, were denied health insurance coverage for TMS for the treatment of major depression using one of the codes for Experimental, Investigational, or Unproven Services. The TMS Class includes both persons whose post-service claims for reimbursement were denied and persons whose pre-service requests that Aetna confirm coverage for TMS were denied. Christopher Meidl brings the action, on behalf of himself and all others similarly situated, alleging that the Defendants improperly adopted and implemented a policy to deny insurance coverage for Transcranial Magnetic Stimulation (TMS) therapy, as a treatment for Major Depressive Disorder. Specifically, with respect to all putative class members, the Corrected Amended Complaint alleges (1) that the defendants violated their fiduciary obligations under the Employee Retirement Income Security Act, (2) that Aetna violated the terms of class members' health plans, and (3) that the Defendants unjustly enriched themselves. Judge Hall also appoints Christopher Meidl as class representative and Zuckerman Spaeder LLP and Psych-Appeal, Inc., as co-lead class counsel. However, to the extent that the Corrected Amended Complaint seeks an order permanently enjoining the Defendants from treating TMS as experimental or investigational in the future, the Plaintiff is ordered to show cause why such portion of the Corrected Amended Complaint should not be dismissed for lack of standing. The Motion for Class Certification as to that claim is denied. The Court also grants, absent objection, the Defendants' motion to seal the unredacted version of their brief and supporting materials. A copy of the Ruling is available at no charge at http://d.classactionreporternewsletter.com/u?f=kfFbdM1D ALBERTO'S CONSTRUCTION: "Salto" Suit Claims Unpaid Overtime Pay --------------------------------------------------------------- Robinson Salto, on behalf of himself, individually, and on behalf of all others similarly-situated, Plaintiff, v. Alberto's Construction, LLC and Carlos Rivera-Salto, individually, Defendants, Case No. 7:17-cv-03583 (S.D. N.Y., May 12, 2017), seeks damages sustained, including all unpaid wages and any short fall between wages paid and those due, liquidated damages and any other statutory penalties as recoverable, costs and disbursements incurred including reasonable attorneys' fees, expert witness fees and other costs, service payment to Plaintiff, pre-judgment and post-judgment interest and such other and further relief for violation of the Fair Labor Standards Act and New York Labor Laws. Defendants operate a construction business that completes various projects, such as installing stone, brick, and concrete, in commercial and residential buildings in New York, Massachusetts and Connecticut where Plaintiff worked as a construction worker. Salto claims to be denied overtime pay for hours rendered in excess of 40 hours per work week and did not receive wage statements. [BN] The Plaintiff is represented by: David D. Barnhorn, Esq. Alexander T. Coleman, Esq. Michael J. Borrelli, Esq. BORRELLI & ASSOCIATES, P.L.L.C. 1010 Northern Boulevard, Suite 328 Great Neck, NY 11021 Tel. (516) 248-5550 Fax. (516) 248-6027 ALLIANCE COLLECTION: Placeholder Class Certification Motion Filed ----------------------------------------------------------------- In the case captioned, MARY NILAND, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. ALLIANCE COLLECTION AGENCIES, INC., the Defendant, Case No. 2:17-cv-00722- NJ (E.D. Wisc.), the Plaintiff asks the Court to enter an order certifying a class, appointing the Plaintiff as its representative, and appointing Ademi & O'Reilly, LLP as its Counsel, and for such other and further relief as the Court may deem appropriate. The Plaintiff further asks the Court to stay the class certification motion until an amended motion for class certification is filed, and that the Court grant the parties relief from the local rules' automatic briefing schedule and requirement. 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=4amK8nt3 The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482 8000 Facsimile: (414) 482 8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com ALLPRO STAFFNET: Hodge Seeks Certification of FLSA Collective Suit ------------------------------------------------------------------ The Plaintiff in the lawsuit entitled ELIZABETH HODGE and others similarly situated v. ALLPRO STAFFNET LIMITED LIABILITY COMPANY, Case No. 3:17-cv-00065 (M.D. Tenn.), moves the Court to: (1) authorize the case to proceed as a collective action for overtime violations under the Fair Labor Standards Act, on behalf of numerous employees of the Defendant, who were erroneously classified as "independent contractors" and denied proper overtime compensation; (2) direct the Defendant to immediately provide a list of names, last known addresses, and last known telephone numbers for all putative class members, who worked for the Defendant within the last three years; (3) direct that notice be prominently posted at the various Middle Tennessee facilities where the Defendant places its workers, attached to current workers' next scheduled paycheck, and be mailed to the workers so that they can assert their claims on a timely basis as part of this litigation; and (4) order that the opt in plaintiffs' Consent Forms be deemed "filed" on the date they are postmarked. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=vwZufdJQ The Plaintiff is represented by: Michael L. Russell, Esq. Emily S. Emmons, Esq. GILBERT RUSSELL McWHERTER SCOTT BOBBITT PLC 341 Cool Springs Boulevard, Suite 230 Franklin, TN 37067 Telephone: (615) 354-1144 E-mail: mrussell@gilbertfirm.com eemmons@gilbertfirm.com The Defendant is represented by: William A. Blue, Jr., Esq. CONSTANGY, BROOKS, SMITH & PROPHETE, LLP 410 Commerce Street, Suite 1010 Nashville TN 37219 Telephone: (615) 320-5200 E-mail: zblue@constangy.com AMERICAN HONDA: "Preston" Hits Denied Warranty on Wiring Defect --------------------------------------------------------------- Michael Preston, individually and on behalf of all others similarly-situated, Plaintiffs, v. American Honda Motor Company, Inc., Defendant, Case No. 1:17-cv-03549 (N.D. Ill., May 11, 2017), seeks actual, general, special, incidental, statutory, punitive and consequential damages, pre-judgment and post-judgment interest on such monetary relief, injunctive and/or declaratory relief, including, without limitation, an order that requires Honda to repair, recall, and/or replace their vehicles and to extend the applicable warranties to a reasonable period of time, reasonable costs and expenses incurred in this action, including counsel fees and expert fees and such other and further relief resulting from breach of implied and express warranty, unjust enrichment and violation of the Magnusson-Moss Warranty Act. Plaintiff leased a 2015 Honda Accord at Muller Honda. It didn't start when rodents chewed on its electrical wiring. It was then found out that the wiring insulation is soy-based, thus making it palatable to rodents. The dealership refused to honor warranty for said vehicles. Honda is a corporation organized under the laws of the State of California and has its principal place of business at 1919 Torrance Boulevard in Torrance, California. It is an overseas subsidiary of Honda Motor Co., Ltd., a Japanese corporation. [BN] Plaintiff is represented by: Larry P. Smith, Esq. SMITHMARCO, P.C. 55 W. Monroe Street, Suite 1200 Chicago, IL 60603 Tel: (312) 361-1690 Fax: (312) 602-3911 Email: lsmith@smithmarco.com - and - Stacy M. Bardo, Esq. BARDO LAW, P.C. 22 West Washington Street, Suite 1500 Chicago, IL 60602 Telephone: (312) 219-6980 Facsimile: (312) 219-6981 E-Mail: stacy@bardolawpc.com AMERICAN INTEGRATED: "De La Torre" Suit Seeks Unpaid Wages ---------------------------------------------------------- JOSE DE LA TORRE, individually and on behalf of all others similarly situated, the Plaintiff, v. AMERICAN INTEGRATED SERVICES, INC., a California Corporation, and DOES 1 through 50, inclusive, the Defendant, Case No. BC662709 (Cal. Super. Ct., May 24, 2017), seeks to recover sums owed to Plaintiff and Class Members for Defendant's past failure to pay all regular and wages and overtime wages due over the last four years, under California law. According to the complaint, the Plaintiff was employed by Defendants in 2012 as a non-exempt employee through his separation in February 2017, performing duties related to the Defendants environmental construction, remediation, demolition, abatement, industrial services, emergency response services, and hazardous waste business. Plaintiff was tasked with the environmental clean- up of various construction sites across California, including sites within Los Angeles County. American Integrated operate as licensed contractors within the construction industry providing disposal of hazardous materials.[BN] The Plaintiff is represented by: James R. Hawkins, Esq. Gregory Mauro, Esq. JAMES HAWKINS APLC 9880 Research Drive, Suite 200 Irvine, CA 92618 Telephone: (949) 387 7200 Facsimile: (949) 387 6676 E-mail: James@jameshawkinsaplc.com Greg@jameshawkinsaplc.com AT&T CORP: "Thompson" Sues Over Auto-dialer Calls ------------------------------------------------- James Thompson, individually and on behalf of others similarly situated, Plaintiff, v. AT&T Corp., Defendant, Case 1:17-cv-03607 (N.D. Ill., May 12, 2017) seeks redress for AT&T's practice of calling the cellular telephone numbers of the Plaintiff using an automatic telephone dialing system and prerecorded voice, in violation of the Telephone Consumer Protection Act. Plaintiff has received multiple calls to his cellular telephone using an automatic telephone dialing system. AT&T did not have permission or consent to make the calls, says the complaint. [BN] Plaintiffs are represented by: Alexander H. Burke, Esq. Daniel J. Marovitch, Esq. BURKE LAW OFFICES, LLC 155 N. Michigan Ave., Suite 9020 Chicago, IL 60601 Tel: (312) 729-5288 Fax: (312) 729-5289 Email: ABurke@BurkeLawLLC.com dmarovitch@burkelawllc.com AUDIT SYSTEMS: Woodward Files Placeholder Class Cert. Bid --------------------------------------------------------- In the lawsuit styled MARANDA WOODWARD, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. AUDIT SYSTEMS, INC., the Defendant, Case No. 2:17-cv-00736-JPS (E.D. Wisc.), the Plaintiff asks the Court to enter an order certifying a class, appointing the Plaintiff as its representative, and appointing Ademi & O'Reilly, LLP as its Counsel, and for such other and further relief as the Court may deem appropriate. The Plaintiff further asks that the Court stay this class certification motion until an amended motion for class certification is filed, and that the Court grant the parties relief from the local rules' automatic briefing schedule and requirement that Plaintiff file a brief and supporting documents in support of this motion. To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiffs contend. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=tszuRuuI The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482 8000 Facsimile: (414) 482 8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com AUTOZONE INC: Hernandez Moves to Certify Disabled Persons Class --------------------------------------------------------------- The Plaintiff in the lawsuit captioned KENNETH HERNANDEZ, individually and on behalf of all others similarly situated v. AUTOZONE, INC., Case No. 1:15-cv-05593-FB-RLM (E.D.N.Y.), moves the Court for an order: 1. certifying this class: All persons with qualified mobility disabilities, who have visited or will visit any AutoZone store where Defendant AutoZone, Inc. owns, controls and/or operates the parking facility; 2. appointing Kenneth Hernandez as the representative Plaintiff for the proposed Class; and 3. appointing the law firms of Carlson Lynch Sweet Kilpela & Carpenter, LLP, and Zaremba Brownell & Brown PLLC, as counsel for the proposed Class. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=pyW0Plfh The Plaintiff is represented by: Edwin J. Kilpela, Esq. CARLSON LYNCH SWEET KILPELA & CARPENTER, LLP 1133 Penn Avenue, 5th Floor Pittsburgh, PA 15222 Telephone: (412) 322-9243 Facsimile: (412) 231-0246 E-mail: ekilpela@carlsonlynch.com The Defendant is represented by: Christopher F. Wong, Esq. David Raizman, Esq. OGLETREE DEAKINS NASH SMOAK & STEWART, P.C. 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Telephone: (213) 239-9800 Facsimile: (213) 239-9045 E-mail: christopher.wong@ogletreedeakins.com david.raizman@ogletreedeakins.com - and - Evan B. Citron, Esq. OGLETREE DEAKINS NASH SMOAK & STEWART P.C. 1745 Broadway New York, NY 10019 Telephone: (212) 492-2500 Facsimile: (212) 492-2501 E-mail: evan.citron@ogletreedeakins.com BAJA SERVICES: Bid to Certify Class in Able Home Suit Denied ------------------------------------------------------------ The Clerk of the U.S. District Court for the Northern District of Illinois made a docket entry on May 4, 2017, in the case captioned Able Home Health, LLC v. Baja Services, Inc., and John Does 1-10, Case No. 1:17-cv-02627 (N.D. Ill.), relating to a hearing held before the Honorable John Robert Blakey. The minute entry states that after amending its complaint, the Plaintiff has filed a second preemptive class certification motion, as well as a motion to enter and continue that motion. The Court previously denied such motions filed in connection with the initial complaint. The present motions, filed in connection with the Plaintiff's amended complaint, are denied for the same reasons. The Notice of Motion date is stricken, and the parties need not appear. A copy of the Notification of Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=8ElwjS0g BB&T CORP: Collections Reps Class Certified in "Sheffield" Suit --------------------------------------------------------------- The Hon. Terrence W. Boyle granted the Plaintiff's motion for conditional class certification and Court supervised notice under the Fair Labor Standards Act in the lawsuit titled RUBY SHEFFIELD, individually and on behalf of all others similarly situated v. BB&T CORPORATION, BRANCH BANKING AND TRUST COMPANY, and DOES 1-10, Case No. 7:16-cv-00332-BO (E.D.N.C.). The class is defined as: All Collections Representatives I and II employed by Branch Banking and Trust Company, its subsidiaries, or other related entities at its Lumberton, North Carolina call center, who were riot paid for the overtime hours they worked off-the-clock prior to the start of their shifts from [three years prior to the date court-ordered notice is sent] through completion of this litigation. The Plaintiff is a former employee of BB&T, which is in part a commercial bank organized under the laws of North Carolina, who was assigned to work as a special assets collection representative at BB&T's call center facility located in Lumberton, North Carolina. The Plaintiff alleges that BB&T required its call center employees to report to their workstations 10 minutes prior to beginning their shifts in order to start and login to their computers and computer programs and applications, but were not compensated for this time. The Court also agrees that the notice and forms submitted by the parties are appropriate. Accordingly, the Court allows the Plaintiff to serve notice of the lawsuit on putative class members by personal e-mail. The Court directs the Defendants to provide to the Plaintiff, along with any physical address information, any personal e-mail addresses of putative class members that the Defendants have retained. The opt-in period for collective class members is 60 days. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=5hM2sBf6 BITESQUAD.COM: "Damasco" Class Cert. Bid Continued to June 15 ------------------------------------------------------------- The Hon. Judge Rebecca R. Pallmeyer entered an order in the lawsuit titled Old Town Pizza of Lombard, Inc., the Plaintiff, v. BiteSquad.com, LLC, et al., the Defendants, Case No. 1:17-cv-03082 (N.D. Ill.), continuing the hearing on Plaintiff's "Damasco" motion for class certification to June 15, 2017 at 8:45 a.m. According to the Docket Entry made by the Clerk on May 23, 2017, the initial status hearing set for May 25, 2017 is stricken and re-set to June 15, 2017 at 8:45 a.m. A copy of the Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=eOE3ZdS9 BONA 1372 INC: Reyes Seeks Conditional Certification of FLSA Suit ----------------------------------------------------------------- Jessica Reyes and Gissela Lopez, On Behalf of Themselves and Similarly Situated Employees v. Bona 1372, Inc., Bona 1900, Inc., and Hnreck Nazarian a/k/a Nazarian Enterprises d/b/a IHOP ("International House of Pancakes"), Case No. 1:17-cv-00016-MAC- ZJH (E.D. Tex.), move the Court to conditionally certify a Fair Labor Standards Act collective action and order notice sent to proposed members of a class. The putative class is properly defined as: "All current and former employees of Bona 1372, Inc., Bona 1900, Inc. and/or Hnreck Nazarian a/k/a Nazarian Enterprises d/b/a IHOP ("International House of Pancakes") or any corporations owned, operated, or controlled by Hnreck Nazarian who work or worked at any of the seven (7) IHOP locations Restaurants owned, operated or controlled by Hnreck Nazarian a/k/a Nazarian Enterprises on or after January 17, 2014, who worked overtime hours but were not paid overtime wages during all or part of their employment." Jessica Reyes and Gissela Lopez filed the action on behalf of themselves and other similarly situated current and former employees pursuant to the Fair Labor Standards Act. Through the filing of their First Amended Complaint, Oscar Atonal was added as a Plaintiff. The Plaintiffs also ask the Court to require the Defendants to provide the information regarding the proposed class members and to post the notices in both Spanish and English in a conspicuous location in their subject workplaces. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=fxaYCDwy The Plaintiffs are represented by: T. Lynn Walden, Esq. David D. Reynard, Jr., Esq. WALDENREYNARD, P.L.L.C. Post Office Box 7486 Beaumont, TX 77726 Telephone: (409) 833-0202 Telecopier: (409) 832-3564 E-mail: dreynard@wrtexaslaw.com twalden@wrtexaslaw.com The Defendants are represented by: Carolyn D. Roch, Esq. HUGHES ROCH LLP 1200 Smith Street, Suite 1550 Houston, TX 77002 Telephone: (713) 588-0890 Facsimile: (713) 456-2205 E-mail: cdroch@hughesroch.com CAVALRY PORTFOLIO: Grosz et al. Seek to Certify Class ----------------------------------------------------- In the lawsuit captioned ROBERT GROSZ and CHAYA GROSZ, on behalf of plaintiffs and the class members, the Plaintiffs, v. CAVALRY PORTFOLIO SERVICES, LLC, the Defendant, Case No. 2:17-cv-03166 (E.D.N.Y.), the Plaintiffs ask the Court to certify a class of: "(a) all natural persons (b) left messages by Cavalry Portfolio Services, LLC which (i) did not state the name of the company calling, (ii) did not contain the warning required by section 1692e(11), or (iii) asked the recipient to return a call to a number answered with "Cavalry Portfolio Services," (c) which were made on or after a date one year prior to the filing of this action and on or before a date 20 days prior to the filing of this action:". The Plaintiffs further ask that Edelman, Combs, Latturner & Goodwin, LLC and the Law Offices of Lawrence Katz be appointed as class counsel. Robert and Chaya Grosz ask that the Court enter an order determining that this action, under the Fair Debt Collection Practices Act, may proceed as a class action against defendant. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=N5VgF9CS The Plaintiffs are represented by: Tiffany N. Hardy, Esq. EDELMAN, COMBS, LATTURNER & GOODWIN, LLC 20 S. Clark Street, Suite 1500 Chicago, IL 60603 Telephone: (312) 739 4200 Facsimile: (312) 419 0379 - and - Lawrence Katz, Esq. LAW OFFICES OF LAWRENCE KATZ PC 70 East Sunrise Highway, Suite 500 Valley Stream, NY 11581 Telephone: (516) 374 2118 Facsimile: (516) 544 8878 CARIBBEAN CRUISE: "Gordon" Suit Seeks to Certify Class ------------------------------------------------------ In the lawsuit entitled RICHARD GORDON, individually and on behalf of all others similarly situated, the Plaintiff, v. CARIBBEAN CRUISE LINE, INC., a Florida corporation, the Defendant, Case No. 1:14-cv-05848 (N.D. Ill.), the Plaintiff asks the Court to enter an order: 1. certifying a class of: "all individuals in the United States that: (1) had a text message sent to their cellular telephone number by, on behalf of, or for the benefit of CCL; (2) using an automated telephone dialing system; (3) between February 1, 2014 and April 1, 2015; (4) whose cellular number appears in CCL's records"; 2. appointing Plaintiff as the Class Representative; 3. appointing Katrina Carroll of Lite DePalma Greenberg, LLC ("Lite DePalma") as Class Counsel; and 4. granting such further relief as this Court deems reasonable and just. According to the complaint, Caribbean Cruise Line is a repeat violator of the Telephone Consumer Protection Act (TCPA). Just four years ago, Judge Kennelly certified a class of consumers robocalled by Caribbean Cruise Line. See Birchmeier v. Caribbean Cruise Line, Inc., 302 F.R.D. 240 (N.D. Ill. 2014), petition for appeal denied, In re Caribbean Cruise Line, Inc., No. 14-8021 (7th Cir. Oct. 10, 2014). In that campaign, "[o]ver the course of about one year, over a million people throughout the United States received phone calls" asking them to take a political survey in exchange for a free cruise to the Bahamas. Birchmeier, 179 F. Supp. 3d 817, 820 (N.D. Ill. 2016). A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=tyG1ls3n The Plaintiff is represented by: Katrina Carroll, Esq. Kyle A. Shamberg, Esq. Ismael T. Salam, Esq. LITE DEPALMA GREENBERG, LLC 211 W. Wacker Drive, Suite 500 Chicago, IL 60606 Telephone: (312) 750 1265 E-mail: kcarroll@litedepalma.com kshamberg@litedepalma.com isalam@litedepalma.com CBE GROUP: Certification of Class Sought in "Vytlacil" Suit ----------------------------------------------------------- Theresa Vytlacil and Kim Morgan move the Court to certify the class described in the complaint of their lawsuit titled THERESA VYTLACIL and KIM MORGAN, Individually and on Behalf of All Others Similarly Situated v. THE CBE GROUP, INC., Case No. 2:17-cv-00644- JPS (E.D. Wisc.), and further ask that the Court both stay the motion for class certification and to grant the Plaintiffs (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. Dicta in the Supreme Court's decision in Campbell-Ewald Co. v. Gomez, left open the possibility that a defendant facing a class action complaint could moot a class representative's case by depositing funds equal to or in excess of the maximum value of the plaintiff's individual claim with the court and having the court enter judgment in the plaintiff's favor prior to the filing of a class certification motion, the Plaintiffs assert, citing Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016). To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion. Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011), overruled on other grounds, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015) ("The pendency of that motion [for class certification] protects a putative class from attempts to buy off the named plaintiffs."). The Plaintiffs argue they are obligated to move for class certification to protect the interests of the putative class. More than one defendant has already attempted the scheme contemplated in Campbell-Ewald. See Severns v. Eastern Account Systems of Connecticut, Inc., Case No. 15-cv-1168, 2016 U.S. Dist. LEXIS 23164 (E.D. Wis. Feb. 24, 2016). Judge Randa denied the defendant's request to deposit funds on grounds that a class certification motion was pending. As the 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 short motion to certify and stay should suffice until an amended motion is filed, the Plaintiffs contend. The Plaintiffs also ask the Court to appoint them as class representatives, and to appoint Ademi & O'Reilly, LLP, as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=s0lffPGL The Plaintiffs are represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com CENTRAL REFRIGERATED: Applicants Class Certified in "Banks" Suit ---------------------------------------------------------------- The Hon. Dale A. Kimball entered a memorandum decision and order in the lawsuit titled MELVIN BANKS, on behalf of himself and all other similarly situated v. CENTRAL REFRIGERATED SERVICES, INC., a Utah corporation, Case No. 2:16-cv-00356-DAK-PMW (D. Utah): * denying the Defendant's motion to dismiss for lack of subject matter jurisdiction; * granting the Plaintiff's amended motion for class certification; and * denying the Defendant's motion for summary judgment. The class consists of: All natural persons throughout the United States who applied remotely for a truck driver position with Central, were the subject of a consumer report created by HireRight or DriverFACTS and procured by Central for employment purposes from March 18, 2010, through February 1, 2014, and against whom Central took adverse action based in whole or in part upon the consumer report without providing verbal, electronic, or written notice within 3 days of taking adverse action that the consumer may request a free copy of the report and may dispute with the consumer reporting agency the accuracy and completeness of the report. A copy of the Memorandum Decision and Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=Q2uzlsEp The Plaintiff is represented by: Matthew A. Dooley, Esq. Stephen M. Bosak, Esq. O'TOOLE MCLAUGHLIN DOOLEY & PECORA CO LPA 5455 Detroit Road Sheffield Village, OH 44054 Telephone: (440) 930-4001 E-mail: mdooley@omdplaw.com sbosak@omdplaw.com - and - Ronald Ady, Esq. RONALD ADY, PLLC 8 E. Broadway, Suite 725 Salt Lake City, UT 84111 Telephone: (801) 530-3122 Facsimile: (801) 746-3501 The Defendant is represented by: Joseph Kroeger, Esq. Mark Morris, Esq. SNELL & WILMER L.L.P. Gateway Tower West 15 West South Temple, Suite 1200 Salt Lake City, UT 84101-1547 Telephone: (801) 257-1900 Facsimile: (801) 257-1800 E-mail: jkroeger@swlaw.com mmorris@swlaw.com CLEANSOURCE INC: "Padilla" Seeks Overtime Pay, Damages ------------------------------------------------------ Hilma Padilla, Individually, and on behalf of all others similarly situated, Plaintiff, v. Cleansource Inc., Defendant, 7:17-cv-03550 (S.D.N.Y., May 11, 2017), seeks unpaid overtime wages, maximum liquidated damages and attorneys' fees pursuant to the Fair Labor Standards Act, New York Minimum Wage Act as well as compensation for not receiving wage notices and statements required by New York Labor Laws. Defendant was engaged in the business of providing cleaning services within the New York Tri-State Area where Padilla was employed by Defendant as a manual worker/cleaner. [BN] The Plaintiff is represented by: Abdul K. Hassan, Esq. ABDUL HASSAN LAW GROUP, PLLC 215-28 Hillside Avenue Queens Village, NY 11427 Tel: (718) 740-1000 Fax: (718) 740-2000 Email: abdul@abdulhassan.com COMERICA INC: Ajekwu Moves to Certify Class of ABCMs Under FLSA --------------------------------------------------------------- The Plaintiffs in the lawsuit styled NNENNA M. AJEKWU and DAVID BUTLER, Individually and On Behalf of All Others Similarly Situated v. COMERICA INCORPORATED, d/b/a COMERICA BANK, Case No. 4:16-cv-02495 (S.D. Tex.), seek conditional certification of a collective action consisting of: All Assistant Banking Center Managers who, at any time during the three (3) years immediately preceding the filing of this lawsuit, worked at any business that was owned, operated, and/or acquired by Defendant, who were not paid overtime at a rate of one and one-half times their regular rate for hours worked in excess of forty (40) per week (collectively, the "ABCMs"). The lawsuit is a collective action filed under the Fair Labor Standards Act to correct alleged unlawful employment practices, including the Defendant's failure to abide by wage and hour laws. The collective action seeks to recover unpaid overtime wages, lost wages, liquidated damages, and other damages owed by the Defendant to its current and former employees. To facilitate the FLSA's collective action provisions, the Plaintiffs ask the Court: (1) conditionally certify the action for purposes of notice and discovery; (2) order that judicial notice be sent to all ABCMs; (3) order the mailing and e-mailing of notice, along with a reminder notice after 30 days; (4) order the Defendant to post the Notice and Consent forms in the Defendant's jobsites/offices for the entire opt-in period; (5) order the Defendant to produce to the Plaintiffs' Counsel the contact information for each ABCM within 10 days of the Court order; and (6) authorize a 60-day notice period for ABMs to join the case. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=aveuX1Ee The Plaintiffs are represented by: Terrence B. Robinson, Esq. Laura A. Hernandez, Esq. TERRENCE B. ROBINSON LAW GROUP, PLLC 1616 S. Voss Rd., Suite 870 Houston, TX 77057 Telephone: (713) 568-1723 Facsimile: (713) 965-4288 E-mail: TRobinson@TBRobinsonlaw.com LHernandez@TBRobinsonlaw.com COMPADRES INC: "Fuentes" Suit Seeks Unpaid Overtime Wages, Tips --------------------------------------------------------------- Jaime Fuentes, in his individual capacity and on behalf of others similarly situated, Plaintiffs, v. Compadres, Inc. (d/b/a Tequila's Family Mexican Restaurant), Tequilas of Thornton LLC (d/b/a Tequila's Family Mexican Restaurant) and Jose Garcia, an individual, Defendants, Case 1:17-cv-01180 (D. Colo., May 12, 2017) seeks to recover unpaid or underpaid wages and other damages under the provisions of the Fair Labor Standards Act of 1938, the Colorado Wage Claim Act and the Colorado Minimum Wage Act. Defendants operate Tequila's Family Mexican Restaurant, a chain of Mexican restaurants located throughout Colorado. Fuentes worked for Tequila's Family Mexican Restaurant as a waiter/bartender from October 24, 2016 to February 22, 2017 at their Golden and Thornton stores. Plaintiff claims to be denied overtime pay, worked off- the-clock and did not receive his full tips. [BN] Plaintiff is represented by: Penn A. Dodson, Esq. Alexander L. Gastman, Esq. ANDERSON DODSON, P.C. 11 Broadway, Suite 615 New York, NY 10004 Tel: (212) 961-7639 Fax: (646) 998-8051 Email: penn@andersondodson.com alex@andersondodson.com CONVERGENT OUTSOURCING: Cooley's Bid to Certify Class Continued --------------------------------------------------------------- The Clerk of the U.S. District Court for the Northern District of Illinois made a docket entry on May 4, 2017, in the case entitled Angel Cooley v. Convergent Outsourcing, Inc., et al., Case No. 1:17-cv-03121 (N.D. Ill.), relating to a hearing held before the Honorable Charles P. Kocoras. The minute entry states that the Plaintiff's motion for class certification is entered and continued, and the Plaintiff's motion to enter and continue motion for class certification is granted. A copy of the Notification of Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=MAlABRQX CPI SECURITY: Court Certifies Class of Security Officers -------------------------------------------------------- In the lawsuit styled DONALD FOUST, on behalf of himself and all other similarly situated individuals, the Plaintiff, v. (1) CPI SECURITY SERVICES, INC., (2) COMPLETE PROTECTION & INVESTIGATIONS, INC., (3) LAWRENCE E. SANDERS, and (4) CHRISTINE A. SANDERS, the Defendants, Case No. 5:16-cv-01447-R (W.D. Okla.), the Hon. Judge David L. Russell entered an order granting in part and denying in part Plaintiff's motion for class certification. The Court certified a class of: "all current and former Security Officers who worked more than forty hours during a given week for any single Defendant, or combination of Defendants, consisting of (1) CPI Security Services, Inc., (2) Complete Protection and Investigations, Inc., (3) Lawrence Sanders, and/or (4) Christine Sanders, at any time from three years before the date of mailing of this notice and who were not paid overtime". The Court said, "Before sending out their proposed notice, Plaintiffs should revise the notice to reflect this Order's findings and submit the revised notice to Defendants for approval. Defendants shall have five business days to review whether the form conforms to this Order. Before bringing any objections to the Court, the parties must first confer and attempt to resolve their disputes. Defendants shall have 7 days from the date of this Order to provide Plaintiff's counsel, in a usable electronic format, a list of all names, addresses, email addresses, and telephone numbers of putative class members. The Court will accept Plaintiffs' stated intention to only use the telephone numbers for the limited purpose of contacting individuals whose notice is returned as undeliverable. After Defendants have approved the Notice, Plaintiffs shall have 14 days to send it by mail and email. Persons shall have 60 days from the date the Notice is sent to opt-in. Plaintiffs may send a reminder notice by mail and/or email 30 days before the deadline to opt-in". A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=7dZ9TJ8U CREDIT CONTROL: Faces "Dykes" Suit in Eastern Dist. of New York --------------------------------------------------------------- A class action lawsuit has been filed against Credit Control Services, Inc. The case is captioned as Kristin Dykes, on behalf of herself and all others similarly situated, the Plaintiff, v. Credit Control Services, Inc., the Defendant, Case No. 2:17-cv- 03155 (E.D.N.Y., May 24, 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. DEBT RECOVERY: "Garcia" Hits Collection Calls from Auto-dialer -------------------------------------------------------------- Jorge Acevedo Garcia, on behalf of himself and others similarly situated, Plaintiff, v. Debt Recovery Solutions, LLC, Defendant, Case No. 2:17-cv-03598, (C.D. Cal., May 12, 2017), seeks unpaid wages, overtime, liquidated damages, interest, attorneys' fees and costs for violation of the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act. Defendant is a fully licensed, bonded and insured national debt collection agency based in Syosset, New York. Defendant placed numerous calls to Plaintiff's cellular telephone for the purpose of attempting to collect a debt in default. Said calls were made with an automatic telephone dialing system. [BN] Plaintiff is represented by: Jeremy E. Branch, Esq. LAW OFFICES OF JEFFREY LOHMAN, P.C. 4740 Green River Road, Suite 219 Corona, CA 92880 Phone: (657) 363-3332 Fax: (657) 246-1312 Email: jeremyb@jlohman.com - and - Michael L. Greenwald, Esq. GREENWALD DAVIDSON RADBIL PLLC 5550 Glades Road, Suite 500 Boca Raton, FL 33431 Phone: (561) 826-5477 Fax: (561) 961-5684 Email: mgreenwald@gdrlawfirm.com DESARROLLADORA HOMEX: Godie Corp. Sues Over Securities Fraud ------------------------------------------------------------ Godie Corporacion, S.A., Individually and on behalf of all others similarly situated, Plaintiff, v. Desarrolladora Homex, S.A.B. De C.V. a/k/a Homex Development Corp., Gerardo De Nicolas Gutierrez, and Carlos Moctezuma Velasco, Defendants, 2:17-cv-02910 (E.D.N.Y., May 12, 2017), seeks to recover compensable damages for violation of the Securities Exchange Act of 1934. Homex develops, constructs, and sells housing properties in Mexico, offering homes for entry level, middle income and upper income groups. The Company is incorporated in Mexico. Homex's American Depositary Shares (ADS) were listed and publicly traded on the New York Stock Exchange. Their financial statements failed to disclose that between 2010 and 2013, Homex overstated its revenue by 355% or roughly $3.3 billion by reporting fictitious sales of more than 100,000 home, says the complaint. Homex overstated the number of units it sold by over 100,000 units or 317% of actual units sold. On May 2, 2014, the NYSE commenced delisting proceedings of Homex's ADSs and immediately suspended trading. On December 9, 2016, the US-based facility for Homex's ADSs was terminated. Godie acquired Homex securities at artificially inflated prices and lost substantially upon the revelation of the alleged corrective disclosures. [BN] The Plaintiff is represented by: Laurence M. Rosen, Esq. THE ROSEN LAW FIRM, P.A. 275 Madison Ave., 34th Floor New York, NY 10016 Telephone: (212) 686-1060 Fax: (212) 202-3827 Email: lrosen@rosenlegal.com EDGEWATER HEALTH: Pinto Seeks Unpaid Wages Under Labor Code ----------------------------------------------------------- ZINA DELANE PINTO, as an individual and on behalf of all employees similarly situated, the Plaintiff, v. EDGEWATER HEALTH CARE, INC. dba EDGEWATER SKILLED NURSING CENTER, a Nevada corporation, and DOES 1 through 50, inclusive, the Defendant, Case No. BC662499 (Cal. Super. Ct., May 24, 2017), seeks to recover compensatory damages, statutory penalties and attorneys' fees, and meal period compensation under the California Labor Code. According to the complaint, Defendant employed Plaintiff and similarly situated persons, and due to Defendant's failure to schedule the Putative Class in such a manner that allowed Class Members to receive and/or take their meal and/or rest breaks, Plaintiff and the Class were not provided and/or denied work free meal and rest breaks. Defendant also failed to pay Class Members wages for all hours worked, and failed to pay due and owed wages upon ending of employment for employees within California. The Class includes members who, due to Defendant's scheduling, were denied meal periods and commensurate pay under California Labor Code section 226.7, denied rest periods and commensurate pay under Cal. Labor Code, were denied overtime as a result of working through meal and/or rest breaks under Cal. Labor Code, and working off the clock, and were not paid wages owed upon end of the employment relationship as required under Cal. Labor Code. Edgewater Skilled Nursing Center is located in Long Beach. It offers 24-hour skilled care and rehabilitation services. [BN] The Plaintiff is represented by: Kevin Mahoney, Esq. Katherine J. Odenbreit, Esq. Atoy H. Wilson, Esq. MAHONEY LAW GROUP, APC 249 E. Ocean Boulevard, Suite 814 Long Beach, CA 90802 Telephone No.: (562) 590-5550 Facsimile No.: (562) 590-8400 E-mail: kmahonev@mahonev-law.net kodenbreit@mahonev-law.net awilson@mahonev-law.net ENCORE RECEIVABLE: Beaufrand Files Placeholder Class Cert. Bid -------------------------------------------------------------- In the lawsuit captioned CARLOS BEAUFRAND, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. ENCORE RECEIVABLE MANAGEMENT, INC., the Defendant, Case No. 2:17-cv- 00721-JPS (E.D. Wisc.), the Plaintiff asks the Court to enter an order certifying a class, appointing the Plaintiff as its representative, and appointing Ademi & O'Reilly, LLP as its Counsel, and for such other and further relief as the Court may deem appropriate. The Plaintiff further asks the Court to stay this class certification motion until an amended motion for class certification is filed, and that the Court grant the parties relief from the local rules' automatic briefing schedule and requirement that Plaintiff file a brief and supporting documents in support of this motion. To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiffs contend. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=a4GztYYo The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482 8000 Facsimile: (414) 482 8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com FLOWERS FOODS: Martins Moves to Certify Class of Distributors ------------------------------------------------------------- The Plaintiff in the lawsuit styled DANIEL MARTINS, on behalf of himself and others similarly situated v. FLOWERS FOODS, INC., FLOWERS BAKING CO. OF BRADENTON, LLC, and FLOWERS BAKING CO. OF VILLA RICA, LLC, Case No. 8:16-cv-03145-MSS-JSS (M.D. Fla.), seeks an order conditionally certifying a collective of, and permitting Court-supervised notice to: all Independent Distributors ("IDs") who distribute fresh bakery products for Defendants, Flowers Foods, Inc., Flowers Baking Co. of Bradenton, LLC, Flowers Baking Company of Villa Rica, L.L.C., and any other bakeries, affiliates or subsidiaries of Flowers Foods, Inc. within the state of Florida or Georgia. Mr. Martins contends that Flowers misclassified its "Independent Distributor" employees or "IDs" as independent contractors, who were not eligible for overtime under the Fair Labor Standards Act. Mr. Martins also asks the Court to (a) require the Defendant to produce in an electronic or computer-readable format the full name, address(es), phone numbers, social security numbers, e-mail address(es), dates and warehouse/bakery locations worked for each FLSA Collective members, and (b) authorize notice and consent to join forms. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=loNtyIAH The Plaintiff is represented by: Carlos V. Leach, Esq. MORGAN & MORGAN, P.A. Post Office Box 4979 Orlando, FL 32802-4979 Telephone: (407) 420-1414 Facsimile: (407) 245-3341 E-mail: cleach@forthepeople.com - and - Andrew R. Frisch, Esq. MORGAN & MORGAN, P.A. 600 N. Pine Island Road, Suite 400 Plantation, FL 33324 Telephone: (954) WORKERS Facsimile: (954) 327-3013 E-mail: AFrisch@forthepeople.com FRONTLINE ASSET: "Nedd" Sues Over Collection Letter --------------------------------------------------- Wynette Nedd on behalf of herself and all other similarly situated consumers Plaintiff, v. Frontline Asset Strategies LLC, Defendant, Case No. 1:17-cv-02931, (E.D. Cal., May 13, 2017), seeks preliminary and permanent injunctive relief, statutory damages, attorney fees, litigation expenses and costs incurred and such other relief for violation of the Fair Debt Collection Practices Act. Defendant sought to collect from Plaintiff a consumer debt via a collection letter. Said letter failed to include a safe harbor statement, failed to indicate if the total amount due was accruing and there was no disclosure that indicated otherwise, says the complaint. [BN] Plaintiff is represented by: Igor Litvak, Esq. THE LITVAK LAW FIRM, PLLC 1701 Avenue P Brooklyn, NY 11229 Tel: (718) 989-2908 Facsimile: (718) 989-2908 E-mail: Igor@LitvakLawNY.com GHP MANAGEMENT: Lewis Seeks Regular & OT Wages Under Labor Code --------------------------------------------------------------- KRISTIAN LEWIS, individually and on behalf of all others similarly situated, the Plaintiff, v. GHP MANAGEMENT CORPORATION, a California Corporation, and DOES 1-50, inclusive, the Defendant, Case No. BC622544 (Cal. Super. Ct., May 24, 2017), seeks to recover regular and overtime wages under California Labor Codes, and IWC Wage Orders. The Plaintiff alleges that Defendants know, should know, knew, and/or should have known that Plaintiff and the other Class Members were entitled to receive accurate wages including overtime compensation, and premium wages including but not limited to Labor Code and applicable 1WC Wage Orders and California Code of Regulations, but were not paid all regular and overtime wages and not paid all meal and rest period premiums due. According to the complaint, the Plaintiff and the Class Members, were not paid all wages due and owing at the time of separation for meal and rest period premiums, wages and overtime wages for off the clock work. Defendants also failed to pay for business expenses incurred while under the control of Defendants. The Defendants failed to adequately reimburse Plaintiff and Class Members business expenditures incurred in direct consequence of their duties pursuant to Labor Code.[BN] The Plaintiff is represented by: James R. Hawkins, Esq. Gregory Mauro, Esq. JAMES HAWKINS APLC 9880 Research Drive, Suite 200 Irvine, CA 92618 Telephone: (949) 387 7200 Facsimile: (949) 387 6676 E-mail: James@jameshawkinsaplc.com Greg@jameshawkinsaplc.com HARVARD PILGRIM: "Vorpahl" Sues Over Denied Therapy --------------------------------------------------- Jacqueline Vorpahl, on behalf of herself and all others similarly situated, Plaintiff, v. Harvard Pilgrim Health Care Insurance Company, Defendant, Case No. 1:17-cv-10844, (D. Mass., May 12, 2017), seeks benefits representing those sums that Plaintiff paid for therapy that should have been covered by Harvard Pilgrim, disgorgement of all illegally-gained profits that should have been used to pay for legitimate coverage claims, an order requiring Harvard Pilgrim to cover all medically necessary treatment in the future, any and all other relief related to this action, including payment of reasonable fees, costs and interest under the Parity Act and in breach of fiduciary duty. Plaintiff's health benefits were insured by Harvard Pilgrim Health Care Insurance Company, a non-profit company incorporated in Massachusetts with its principal place of business located in Wellesley, Massachusetts. Plaintiff's son, who is covered under his mother's plan, suffers from oppositional defiant disorder, narcissism, substance use disorder and depression. Vorpahl sought coverage for her son's outdoor behavioral therapy but was denied. [BN] Plaintiff is represented by: Patrick J. Sheehan, Esq. WHATLEY KALLAS, LLP 60 State Street, 7th Floor Boston, MA 02109 Telephone: (617) 573-5118 Facsimile: (617) 371-2950 Email: psheehan@whatleykallas.com - and - Jordan Lewis, Esq. JORDAN LEWIS, P.A. 4473 N.E. 11th Avenue Fort Lauderdale, FL 33334 Telephone: (954) 616-8995 Facsimile: (954) 206-0374 Email: jordan@jml-lawfirm.com HEMBREE GROUP: "Stokes" Labor Suit Seeks Unpaid Overtime Wages -------------------------------------------------------------- Barnard Stokes, on behalf of himself and others similarly situated, Plaintiff, v. The Hembree Group, Inc. and Gregory Hembree, individually, Defendants, Case No. 8:17-cv-01118 (M.D. Fla., May 11, 2017), seeks unpaid overtime compensation, liquidated damages, declaratory relief and reasonable attorney's fees and costs and relief under the Fair Labor Standards Act. Plaintiff was employed as a painter from December 2015 through December 2016. [BN] Plaintiff is represented by: Marc R. Edelman, Esq. MORGAN & MORGAN, P.A. 201 N. Franklin Street, Suite 700 Tampa, FL 33602 Telephone: (813) 223-5505 Fax: (813) 257-0572 Email: Medelman@forthepeople.com HIGHMARK HEALTH: Presque Isle Claims Shortchanged on Medical Bill ----------------------------------------------------------------- Presque Isle Colon and Rectal Surgery, on behalf of itself and all others similarly situated, Plaintiff, v. Highmark Health, Highmark Inc., Highmark Choice Company, Defendants, Case No. 1:17-cv-0122 (W.D. Pa., May 11, 2017), seeks actual, double, or treble damages, actual and consequential damages and equitable relief, including restitution or disgorgement, declaratory and injunctive relief requiring Highmark to rescind reimbursement rate cuts, prejudgment and post-judgment interest, reasonable attorneys' fees and costs and such further relief resulting from putative antitrust, breach of contract and unjust enrichment and unlawful attempted anticompetitive actions in violation of the Sherman Act and Pennsylvania Common Law. Plaintiff is a medical practice and renders medical care to patients covered by a Highmark-administered Affordable Care Act healthcare plan. Highmark is a health insurer in the Commonwealth of Pennsylvania and is alleged of abusing market dominance by subjecting independent Pennsylvania healthcare practitioners to anticompetitive and other unlawful practices in relation to services rendered to patients covered by a Highmark insurance exchange product to include artificially low physician reimbursement rates. It also unilaterally imposed an across-the- board 4.5% cut in the reimbursement rates it pays its affiliated healthcare practitioners for medical services rendered to covered patients, says the complaint. [BN] Plaintiffs are represented by: Richard M. Golomb, Esq. Ruben Honik, Esq. Kenneth J. Grunfeld, Esq. David J. Stanoch, Esq. GOLOMB & HONIK, P.C. 1515 Market Street, Suite 1100 Philadelphia, PA 19102 Telephone: (215) 985-9177 Facsimile: (215) 985-4169 Email: rgolomb@golombhonik.com rhonik@golombhonik.com kgrunfeld@golombhonik.com dstanoch@golombhonik.com IBEX CONSTRUCTION: Fails to Pay Contract Balance, Suit Claims ------------------------------------------------------------- The case captioned as, Long Island Concrete, Inc., on behalf of itself and others similarly situated, the Plaintiff, v. IBEX Construction Company, LLC, Andras Frankl a/k/a Andrew Frankl and "John Doe Surety Company" fictitious name, intended to denote the surety company that issued a labor and material payment bond to any applicable projects, Case No. 652835/2017 (N.Y. Sup. Ct., May 24, 2017), seeks to recover from IBEX the sum of $264,541.91, plus appropriate interest. According to the complaint, Plaintiff entered into a subcontract agreement -- Chapin School Phase I Subcontract -- with IBEX, whereby Plaintiff agreed to furnish certain labor, materials and equipment to perform concrete work at the Chapin School Phase I Project, and IBEX agreed to pay Plaintiff the lump sum and unit prices set forth therein. During its performance of the Chapin School Phase I Subcontract, Plaintiff performed additional and extra work at the Chapin School Phase I Project at the special instance and direction of IBEX. Plaintiff fully and duly performed all of the terms and conditions to be performed under the Chapin School Phase I Subcontract in connection with the Chapin School Phase I Project. The Complaint alleges that IBEX has materially breached the Chapin School Phase I Subcontract by failing to fully and properly pay Plaintiff for the labor, materials, work, equipment and services furnished at the Art of Shaving Project. There remains a balance of $264,541.91 due and owing to Plaintiff from IBEX for the labor, materials and equipment furnished by Plaintiff at the Chapin School Phase I Project, no part of which balance has been paid by IBEX, although duly demanded.[BN] The Plaintiff is represented by: Nicholas Carre, Esq. Diana Squillante, Esq. CARRE, PLLC Long Island Concrete, Inc. 75 So. Broadway - 4th Floor White Plains, NY 10601 Telephone: (914) 304 4266 IBM CORP: "Rader" Suit Seeks Unpaid Back and Overtime Wages ----------------------------------------------------------- Charley Rader, on behalf of himself and on behalf of all others similarly situated, Plaintiff, v. International Business Machines Corporation, Defendant, Case No. 5:17-cv-00209 (M.D. Fla., May 11, 2017), seeks unpaid back wages at the applicable overtime rate, liquidated damages, prejudgment interest, all costs and attorney's fees incurred and such further relief for violation of the Fair Labor Standards Act. Charley Rader was employed by the Defendant as sales transaction support. [BN] The Plaintiff is represented by: Christopher J. Saba, Esq. WENZEL FENTON CABASSA, PA 1110 N Florida Ave., Ste. 300 Tampa, FL 33602-3343 Tel: (813) 224-0431 Fax: (813) 229-8712 Email: csaba@wfclaw.com INTELLICALL CORP: "Naiman" Sues Over Illegally Faxed Ads -------------------------------------------------------- Sid Naiman, individually and on behalf of all others similarly situated, Plaintiff, v. IntelliCall Corporation AKA Accurate Answering, Medfone24.com, CareLink Communications, Ring Medical Communications Services, Travis Vincent, Bobbi Kocher Spain, DOES 1 - 10, inclusive,, Defendant, Case No. 4:17-cv-02738, (N.D. Cal., May 11, 2017), seeks actual damages, statutory damages for willful and negligent violations, costs and reasonable attorney's fees and such other and further relief resulting from negligent violations of the Telephone Consumer Protection Act. Defendants are business entities that sell and market calling services for medical professionals and patients. Plaintiff is not a customer of Defendant' services and has never provided any personal information, including his telephone facsimile number, to Defendants for any purpose whatsoever. Defendants used a fax machine to sell or solicit their business services without prior express consent to receive calls and did not have an opt out option. [BN] Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. Meghan E. George, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St., Suite 780 Woodland Hills, CA 91367 Phone: (877) 206-4741 Fax: 866-633-0228 Email: tfriedman@toddflaw.com abacon@toddflaw.com mgeorge@toddflaw.com INTERCONTINENTAL CAPITAL: "Bohlke" Suit Seeks to Certify Classes ---------------------------------------------------------------- In the lawsuit titled ROBERT BOHLKE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, the Plaintiff, v. INTERCONTINENTAL CAPITAL GROUP, INC., the Defendant, Case No. 2:17-cv-01240-ODW-AFM (C.D. Cal.), the Plaintiff will move the Court on July 10, 2017, before the Hon. Judge Otis D. Wright II of the United States District Court, Central District of California, for an order to certify these classes: "all persons within the United States who received any solicitation/telemarketing telephone calls from Defendant to said person's cellular telephone made through the use of any automatic telephone dialing system or an artificial or prerecorded voice and such person had not previously consented to receiving such calls within the four years prior to the filing of this Complaint"; and "all persons within the United States registered on the National Do-Not-Call Registry for at least 30 days, who had not granted Defendant prior express consent nor had a prior established business relationship, who received more than one call made by or on behalf of Defendant that promoted Defendant's products or services, within any twelve-month period, within four years prior to the filing of the complaint". The Plaintiff will also move the Court for appointment of Plaintiff as Class Representative, and for appointment of Plaintiff's attorneys as Class Counsel. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=P0zlERI9 The Plaintiff is represented by: Todd M. Friedman, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St. Suite 780, Woodland Hills, CA 91367 Telephone: (877) 206 4741 Facsimile: (866) 633 0228 E-mail: tfriedman@toddflaw.com INTERNATIONAL BANK: "Carabalo" Suit Seeks Class Certification ------------------------------------------------------------- In the lawsuit entitled CANDY CARABALLO and other similarly situated non-exempt Assistant Branch Managers, the Plaintiff(s), v. INTERNATIONAL BANK FINANCE BANK, a Florida Profit Corporation, and JOSE E. CUETO, individually, the Defendants, Case No. 1:17-cv- 21476-JJO (S.D. Fla.), the Plaintiffs ask the Court to certify a class of: "all individuals titled as "Assistant Branch Managers" who performed work for Defendant International Finance Bank during the time period spanning three years preceding the date the original Complaint in this action was filed up to, and including, the date this Court enters its Order on this motion who were not paid proper overtime compensation during any workweek of his or her employment". The case is a collective action to enforce the overtime provision of the Fair Labor Standard Act. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=Es7y9ula The Plaintiff is represented by: Brody M. Shulman, Esq. Jason S. Remer, Esq. REMER & GEORGE-PIERRE, PLLC Miami, FL 33130 Telephone: (305) 416 5000 Facsimile: (305) 416 5005 The Defendant is represented by: Brooks Anderson, Esq. Rodolfo Gomez, Esq. FORDHARRISON, LLP 1450 Centerpark Boulevard, Suite 325 Telephone: (561) 345 7502 Facsimile: (561) 345 7501 INTERNET GOLD: Pelephone Still Faces Claim on Smart Call Service ---------------------------------------------------------------- Internet Gold - Golden Lines Ltd.'s subsidiary, Pelephone Communications Ltd., continues to face a financial claim related to its Smart Call service, according to the Company's Form 20-F filing with the U.S. Securities and Exchange Commission for the fiscal year ended December 31, 2016. In May 2016, a complaint was filed against Pelephone with a motion to certify it as a class action, alleging that Pelephone opted subscribers to its Smart Call service without their consent or their knowledge, and this in contravention of the provisions of the Law and of its license and the Smart Call service portfolio. The amount of claim is approximately NIS200 million. Internet Gold - Golden Lines Ltd. provides various telecommunications services in Israel. It operates through Fixed Line Domestic Communications; Cellular Communications; International Communications, Internet Services and Network End Point; and Multichannel Television segments. The Company was founded in 1980 and is headquartered in Ramat Gan, Israel. Internet Gold - Golden Lines Ltd. is a subsidiary of Eurocom Communications Ltd. B Communications Ltd. is the Company's principal subsidiary. INTERNET GOLD: Unit Still Defends Overseas Call Overcharges Suit ---------------------------------------------------------------- Internet Gold - Golden Lines Ltd.'s subsidiary, Pelephone Communications Ltd., continues to defend itself in a legal proceeding, with a motion to certify it as a class action, regarding alleged overseas call overcharges, according to Internet Gold's Form 20-F filing with the U.S. Securities and Exchange Commission for the fiscal year ended December 31, 2016. In June 2016, the action was filed in the Jerusalem District Court against Pelephone, alleging that Pelephone overcharges for calls made from overseas to Israel in the overseas Travel track and charges at the higher rate for a direct dialing call instead the rate for a call via the savings service, because of the fact that the calls were dialed using the country code for Israel, as the phone numbers are saved in the claimant's phone. The amount of claim is approximately NIS86 million. Internet Gold - Golden Lines Ltd. provides various telecommunications services in Israel. It operates through Fixed Line Domestic Communications; Cellular Communications; International Communications, Internet Services and Network End Point; and Multichannel Television segments. The Company was founded in 1980 and is headquartered in Ramat Gan, Israel. Internet Gold - Golden Lines Ltd. is a subsidiary of Eurocom Communications Ltd. B Communications Ltd. is the Company's principal subsidiary. INTERNET GOLD: Unit Still Defends Action on Unused Overseas Plan ---------------------------------------------------------------- A subsidiary of Internet Gold - Golden Lines Ltd. continues to defend itself in a legal action, with a motion to certify it as a class action, regarding its overseas package, according to the Company's Form 20-F filing with the U.S. Securities and Exchange Commission for the fiscal year ended December 31, 2016. In October 2016, a financial claim was filed in the Lod District Court against Pelephone Communications Ltd. and its competitors Partner and Cellcom, alleging that the defendants do not allow their subscribers to make full use of their overseas package and this through discriminatory terms under which the package can be used for a very short period (between one week to one month only) and that at the end of that period, the unused balance of the package expires and no reimbursement is given. "The amount of the claim is not stated, but is estimated in the tens of millions of shekels," the Company disclosed. Internet Gold - Golden Lines Ltd. provides various telecommunications services in Israel. It operates through Fixed Line Domestic Communications; Cellular Communications; International Communications, Internet Services and Network End Point; and Multichannel Television segments. The Company was founded in 1980 and is headquartered in Ramat Gan, Israel. Internet Gold - Golden Lines Ltd. is a subsidiary of Eurocom Communications Ltd. B Communications Ltd. is the Company's principal subsidiary. INTERNET GOLD: 4 Lawsuits v. Pelephone Ended in 2016, Early 2017 ---------------------------------------------------------------- Internet Gold - Golden Lines Ltd. disclosed four legal proceedings with potential class status against subsidiary Pelephone Communications Ltd. that ended in 2016 or before April 26, 2017, which is the date of the publication of the Company's Form 20-F filed with the U.S. Securities and Exchange Commission for the fiscal year ended December 31, 2016. The Company further disclosed that these legal proceedings involve "NIS80 million or more (approximately NIS60 million of the net profit)" and those "in which the amount claimed is not stated in the statement of claim, except in the case of a claim which prima facie does not reach the above amount bar (and all unless Bezeq believes the claim has other aspects and/or implications beyond its monetary amount)." The Company said, "In regards to class actions, it is noted that submission of class actions in Israel does not involve payment of a fee deriving from the amount of the claim. Accordingly, the amount of a claim in claims of this type may be significantly higher than the scope of true exposure for those claims." In February 2012, a financial claim was filed against subsidiaries Pelephone and Bezeq - The Israel Telecommunications Corp., Ltd., as well as competitors Partner and Cellcom in the Jerusalem District Court with an application to certify it as a class action, alleging the failure to comply with the provisions of the law with respect to people with disabilities when rendering services. In April 2016, the Court approved a settlement arrangement between the parties under which the suit will be dismissed in return for implementation of a series of accessibility adjustments and benefits for people with disabilities. In addition, the group of defendants will credit the claimants in amounts that are not material. According to the Company, the amount of the original claim was approximately NIS361 million "for all the defendants, without noting an amount for each of the defendants." In August 2012, a financial claim filed with a motion to certify it as a class action in the Central District Court against Pelephone, Partner and Cellcom, alleging that under the repair services provided by the defendants for a fee (payment per repair or a monthly fee for repair service), if a certain part in the handset must be replaced, the defendants do not provide the customer with the spare part, and this in contravention of the law. Furthermore, the defendants reuse the replaced parts when providing repair services for other customers, thus ostensibly enriching themselves twice. The action also requests writs of mandamus and declaratory relief. In May 2016 the court approved the settlement agreement reached between the parties, under which the motion will be dismissed and Pelephone will implement future changes in its conduct when receiving products for repair. According to the Company, the amount of the original claim for this case was approximately NIS120 million for each of the defendants, in a total amount of NIS360 million. In August 2015, a financial claim filed with a motion to certify it as a class action in the Central District Court against Pelephone, alleging that one of the communications companies made improper use of its database in violation of the Privacy Protection Law 1981, when it transferred or sold the customers' particulars to the other respondents, including Pelephone. The claim against Pelephone revolves mainly around the purchase or receipt of this information and its use for marketing purposes, in a way that violates the provisions of the Communications Law regarding the sending of spam. In November 2016, the court approved the claimant's withdrawal from the motion to certify a class action and dismissed his personal claim. "The amount of the claim is not stated, but the application is estimated in the tens of millions of shekels," the Company said. In November 2015, a financial claim filed with a motion to certify it as a class action in the Central District Court against Pelephone and two other mobile telephony companies, alleging that the pre-paid prices of the companies are higher than the post-paid prices, which is due to cartelization of the three companies in this market. In September the court dismissed the claimant's personal claim and the motion to certify it as a class action and ordered him to pay the expenses. In October 2016 an appeal of the ruling was filed. In January 2017, the appeal was dismissed. According to the Company, the amount of the original claim for this case was approximately NIS2,800 million with regard to Pelephone (and the total amount against the three companies is in excess of NIS13,000 million) Internet Gold - Golden Lines Ltd. provides various telecommunications services in Israel. It operates through Fixed Line Domestic Communications; Cellular Communications; International Communications, Internet Services and Network End Point; and Multichannel Television segments. The Company was founded in 1980 and is headquartered in Ramat Gan, Israel. Internet Gold - Golden Lines Ltd. is a subsidiary of Eurocom Communications Ltd. B Communications Ltd. is the Company's principal subsidiary. INTERNET GOLD: Civil Class Action vs. Bezeq Still Ongoing --------------------------------------------------------- Internet Gold - Golden Lines Ltd.'s subsidiary, Bezeq International Ltd., continues to defend in a civil action related to its failure to provide the browsing speed stated in its contract, according to the Company's Form 20-F filing with the U.S. Securities and Exchange Commission for the fiscal year ended December 31, 2016. In December 2011, a civil class action was filed in the Central District Court against Bezeq International, alleging that during October 2011, Bezeq International failed to provide its Internet customers with the browsing speed it had undertaken in the contract. The plaintiffs seek the refund of the monthly fees and compensation for mental anguish. On March 13, 2016, the court certified the claim as a class action. According to the Company, the amount of the claim is approximately NIS120 million. Internet Gold - Golden Lines Ltd. provides various telecommunications services in Israel. It operates through Fixed Line Domestic Communications; Cellular Communications; International Communications, Internet Services and Network End Point; and Multichannel Television segments. The Company was founded in 1980 and is headquartered in Ramat Gan, Israel. Internet Gold - Golden Lines Ltd. is a subsidiary of Eurocom Communications Ltd. B Communications Ltd. is the Company's principal subsidiary. INTERNET GOLD: Moreshet Content Filtering Service Suit Ongoing -------------------------------------------------------------- A subsidiary of Internet Gold - Golden Lines Ltd. still defends in a legal action related to its Moreshet content filtering services, the Company's Form 20-F filing with the U.S. Securities and Exchange Commission for the fiscal year ended December 31, 2016. In January 2015, a financial claim was filed with a motion to certify it as a class action in the Central District Court against Bezeq International Ltd., alleging that the Moreshet content filtering services that Bezeq International provides for its religious and traditional sector customers, for a fee, do not protect users from offensive content and that their exposure to such content caused them harm. It is further claimed that Bezeq International must compensate the customers who purchased content filtering services and who were not offered the basic filtering service which is provided free of charge. According to the Company, the amount of the claim is about NIS65 million, with the addition of NIS1,000 million for each of the members of the class (every pupil in the Israeli education system). Internet Gold - Golden Lines Ltd. provides various telecommunications services in Israel. It operates through Fixed Line Domestic Communications; Cellular Communications; International Communications, Internet Services and Network End Point; and Multichannel Television segments. The Company was founded in 1980 and is headquartered in Ramat Gan, Israel. Internet Gold - Golden Lines Ltd. is a subsidiary of Eurocom Communications Ltd. B Communications Ltd. is the Company's principal subsidiary. INTERNET GOLD: Bezeq Int'l Still Defends Overseas Call Lawsuits --------------------------------------------------------------- Internet Gold - Golden Lines Ltd.'s Bezeq International Ltd. continues to defend itself in legal proceedings related to its overseas dialing plan and outgoing international call rates, according to the Company's Form 20-F filing with the U.S. Securities and Exchange Commission for the fiscal year ended December 31, 2016. In November 2015, a financial claim was filed with a motion to certify it as a class action in the Central District Court against Bezeq International, alleging that Bezeq International charged customers for an overseas dialing plan at "premium prices" that were higher than the agreed price fixed in the communications plan. The plaintiffs contend that Bezeq International exceeded the applicability of the plan, fixed line destinations overseas and defined them as "premium destinations", without basis and by misleading customers. In September 2016, another financial claim with a motion to certify it as a class action was filed in the Central District Court against Bezeq International, alleging that Bezeq International charges excessive and unreasonable rates in contravention of section 17 of the Communications Law, for outgoing international calls. The Company has not noted the amount of claims in both cases. Internet Gold - Golden Lines Ltd. provides various telecommunications services in Israel. It operates through Fixed Line Domestic Communications; Cellular Communications; International Communications, Internet Services and Network End Point; and Multichannel Television segments. The Company was founded in 1980 and is headquartered in Ramat Gan, Israel. Internet Gold - Golden Lines Ltd. is a subsidiary of Eurocom Communications Ltd. B Communications Ltd. is the Company's principal subsidiary. INTERNET GOLD: Bezeq Int'l Defends Suit on Misleading 100MB Plan ---------------------------------------------------------------- Internet Gold - Golden Lines Ltd.'s subsidiary, Bezeq International Ltd., still defends itself in a legal action regarding its 100MB Internet packages, according to the Company's Form 20-F filing with the U.S. Securities and Exchange Commission for the fiscal year ended December 31, 2016. In June 2016, a financial claim with a motion to certify it as a class action was filed against Bezeq International in the Jerusalem District Court, alleging Bezeq International misleads its customers by marketing fast Internet packages at 100MB, while the actual speed provided is much lower. The amount of the claim is approximately NIS187 million. Internet Gold - Golden Lines Ltd. provides various telecommunications services in Israel. It operates through Fixed Line Domestic Communications; Cellular Communications; International Communications, Internet Services and Network End Point; and Multichannel Television segments. The Company was founded in 1980 and is headquartered in Ramat Gan, Israel. Internet Gold - Golden Lines Ltd. is a subsidiary of Eurocom Communications Ltd. B Communications Ltd. is the Company's principal subsidiary. INTERNET GOLD: Phone Card Lawsuits vs. Bezeq Int'l Ended in 2016 ---------------------------------------------------------------- Internet Gold - Golden Lines Ltd. disclosed in its Form 20-F filing with the U.S. Securities and Exchange Commission for the fiscal year ended December 31, 2016 that a civil class action and a financial claim with a request for class status, both filed against subsidiary Bezeq International Ltd. regarding its international phone cards, had ended in 2016. In 2008, four claims were filed and were consolidated into one civil class action in the Central District Court against Bezeq International and other international operators relating to the use of international phone cards for dialing to destinations in the Philippines, Thailand and Nepal. The claimants allege that the phone cards provide an average of 50% of the time units indicated to the purchasers of the cards. They also allege that Bezeq International deducts call time for time unsuccessfully spent attempting to call someone, does not charge for units of round minutes, provides misleading information about the number of units on the card and formed a cartel with other international telecommunication companies to raise the prices for phone cards. In November 2010, the court recognized the motion to certify a class action on the grounds of deception. In September 2016, a judgment was handed approving the settlement arrangement, under which Bezeq International will allow calls in the amount of NIS 5 million to be made free of charge, and will pay the representative plaintiffs compensation and legal fees in an amount of NIS 500,000. The amount of the claim for this case was NIS1,159 million. In a separate case, in February 2012, a financial claim with a motion to certify it as a class action was filed in the Tel Aviv District Court. The allegations were similar to the action above. The foregoing settlement mentioned above also applies to this claim. The Company noted that the amount of the claim for this case was NIS2,700 million. Internet Gold - Golden Lines Ltd. provides various telecommunications services in Israel. It operates through Fixed Line Domestic Communications; Cellular Communications; International Communications, Internet Services and Network End Point; and Multichannel Television segments. The Company was founded in 1980 and is headquartered in Ramat Gan, Israel. Internet Gold - Golden Lines Ltd. is a subsidiary of Eurocom Communications Ltd. B Communications Ltd. is the Company's principal subsidiary. INTERNET GOLD: Apartment Residents Lawsuit vs. DBS Still Ongoing ---------------------------------------------------------------- Internet Gold - Golden Lines Ltd.'s subsidiary, DBS Satellite Services (1998) Ltd., continues to face a legal proceeding regarding electricity consumption in apartment buildings, according to the Company's Form 20-F filing with the U.S. Securities and Exchange Commission for the fiscal year ended December 31, 2016. In June 2014, a financial claim was filed with a motion to certify it as a class action in the Tel Aviv District Court against the subsidiary, alleging that DBS unlawfully charged residents in apartment buildings (subscribers and non-subscribers of DBS) for the electricity consumption for the satellite dishes and/or amplifiers and/or other devices that DBS uses, that are located in these apartment buildings. The applicant has petitioned the court, among other things, to order DBS to refund the amount collected for electricity consumption. The second lawsuit (that was originally filed with the District Court in Haifa, and was moved for hearing before the Tel Aviv District Court in September 2014) includes a claim that DBS installed equipment in apartment buildings that operate on electricity and according to their claim, DBS connected the outside equipment without approval and consent of the apartment buildings to the communal electricity and also consumed electricity without paying for it. In October 2015, the court ruled to consolidate the proceedings in both motions for certification and filing of consolidated statements. In December 2016, the claimants' request for interlocutory remedies against DBS regarding the disconnection of subscribers who refuse to bear the electricity costs and the signing of intermediate representatives on agreements to bear these expenses was struck. The amount of claim is NIS80 million for monetary and non-monetary damages allegedly caused due to the electricity consumption for DBS systems and an injunction ordering DBS to install electricity meters for measuring the electricity consumption of DBS's systems. Internet Gold - Golden Lines Ltd. provides various telecommunications services in Israel. It operates through Fixed Line Domestic Communications; Cellular Communications; International Communications, Internet Services and Network End Point; and Multichannel Television segments. The Company was founded in 1980 and is headquartered in Ramat Gan, Israel. Internet Gold - Golden Lines Ltd. is a subsidiary of Eurocom Communications Ltd. B Communications Ltd. is the Company's principal subsidiary. INTERNET GOLD: Suit vs. DBS on Electronic Advertisements Ongoing ---------------------------------------------------------------- Internet Gold - Golden Lines Ltd.'s subsidiary, DBS Satellite Services (1998) Ltd., remains a defendant in a legal proceeding, with a motion to certify it as a class action, regarding its electronic advertisements, according to the Company's Form 20-F filing with the U.S. Securities and Exchange Commission for the fiscal year ended December 31, 2016. In September 2014, a financial claim filed against DBS in the Tel Aviv District Court, alleging that electronic advertisements sent by DBS to its customers were in contravention of Section 30A of the Communications Law, in breach of DBS's license and in breach of the agreement between DBS and its customers. The applicants petitioned the court for relief for the inconvenience caused to the customers by DBS, harassment, loss of time, etc. and sought relief in an amount to be determined in the court's discretion. The amount of the claim is NIS402 million (with additional relief to be determined at the court's discretion). Internet Gold - Golden Lines Ltd. provides various telecommunications services in Israel. It operates through Fixed Line Domestic Communications; Cellular Communications; International Communications, Internet Services and Network End Point; and Multichannel Television segments. The Company was founded in 1980 and is headquartered in Ramat Gan, Israel. Internet Gold - Golden Lines Ltd. is a subsidiary of Eurocom Communications Ltd. B Communications Ltd. is the Company's principal subsidiary. INTERNET GOLD: Unit Still Faces Customer Discrimination Lawsuit --------------------------------------------------------------- A subsidiary of Internet Gold - Golden Lines Ltd. continues to defend itself in legal proceedings regarding alleged customer discrimination in terms of pricing and benefits, among others, according to the Company's Form 20-F filing with the U.S. Securities and Exchange Commission for the fiscal year ended December 31, 2016. In July 2015, an action was filed with a motion to certify it as a class action against DBS Satellite Services (1998) Ltd. in the Central District Court, alleging discrimination against DBS customers who are not offered or given the best terms or the lowest price for the services they received from DBS. The plaintiffs assert a claim of discrimination against new DBS customers over existing customers who are eligible for receiving a campaign or benefit for joining DBS and a claim of discrimination of new members who are acquainted with the company's employees, over other new members. According to the allegations, these actions are contrary to DBS's obligation under its license and by law to refrain from discriminating with regard to the price for the services it provides. The applicant requests that DBS will compensate members of the group for the monetary difference between the prices that each of them actually paid to DBS for the services, and the lowest price they could have paid for those services. In addition, the applicant requests that the court order DBS to offer and provide its services to everyone requesting its services on the same terms and to publish them in its various publications. In September 2015, following the filing of another motion to certify a class action against DBS alleging price discrimination, the court held that the two actions will be defined as related cases and in November 2015 the court ordered the consolidation of the two motions to certify. The Company said, "The applicant does not specify the amount of the claim, but the extent of the damage is estimated to be tens of millions of shekel. "The amount of the second claim is estimated by the applicants to be NIS13 million plus monetary damages as will be awarded by the Court, "With the consent of the parties the court decided that, in view of the fact that a stay order was handed in the hearing of parallel cases against different defendants raising similar legal and factual questions by the court hearing them and in view of the fact that there is a pending motion to transfer the hearing on these petitions to the foregoing other court, the proceedings concerning the motions to certify were suspended until a decision is issued." Internet Gold - Golden Lines Ltd. provides various telecommunications services in Israel. It operates through Fixed Line Domestic Communications; Cellular Communications; International Communications, Internet Services and Network End Point; and Multichannel Television segments. The Company was founded in 1980 and is headquartered in Ramat Gan, Israel. Internet Gold - Golden Lines Ltd. is a subsidiary of Eurocom Communications Ltd. B Communications Ltd. is the Company's principal subsidiary. INTERNET GOLD: VOD Premium Content Suit vs. DBS Still Ongoing ------------------------------------------------------------- Internet Gold - Golden Lines Ltd.'s subsidiary, DBS Satellite Services (1998) Ltd., continues to defend itself against a financial claim with a motion to certify it as a class action related to premium content in its VOD service, according to Company's Form 20-F filing with the U.S. Securities and Exchange Commission for the fiscal year ended December 31, 2016. In December 2015, an action was filed against DBS in the Central District Court, alleging that DBS and its competitor, HOT, operate illegally by providing their customers with premium content services, (as part of the VOD service of DBS), that is provided under transactions for fixed periods and automatically renewable, while charging their customers for the service unilaterally, without the clients' consent and in violation of the law. Thus, allegedly, they charge their customers illegal amounts while enriching themselves unjustly. The Company said, "The applicants do not explicitly mention the amount of the claim, but believe that the conduct described provides DBS and HOT annual income of tens of millions of shekels." Internet Gold - Golden Lines Ltd. provides various telecommunications services in Israel. It operates through Fixed Line Domestic Communications; Cellular Communications; International Communications, Internet Services and Network End Point; and Multichannel Television segments. The Company was founded in 1980 and is headquartered in Ramat Gan, Israel. Internet Gold - Golden Lines Ltd. is a subsidiary of Eurocom Communications Ltd. B Communications Ltd. is the Company's principal subsidiary. INTERNET GOLD: Suit on Subscription Freezing Agreement Continues ---------------------------------------------------------------- Internet Gold - Golden Lines Ltd.'s subsidiary, DBS Satellite Services (1998) Ltd., still defends itself in a legal proceeding related to its agreement with customers on freezing subscriptions, according to the Company's Form 20-F filing with the U.S. Securities and Exchange Commission for the fiscal year ended December 31, 2016. In April 2016, a financial claim with a motion to certify it as a class action was filed against DBS in the Tel Aviv District Court, alleging that the condition included in the agreement between DBS and its customers, which allows a subscription to be placed on hold for a limited period thus avoiding the payment of a subscription fee for the period, and provided that the suspension is for a period of at least 30 days is a discriminatory condition and is unreasonable in a standard contract. The claimants also contend that DBS allows customers to have their subscription frozen for shorter periods if they make the request by phone - which the plaintiffs argue misleads consumers, is unfair conduct and is in breach of the provisions of the Contracts Law, the consumer protection laws and Unjust Enrichment Law. The claimants have asked the court to order the cancellation of the Condition of the agreement and alternatively to determine that DBS's conduct as described above is misleading and not in good faith. The court was also petitioned to instruct DBS to compensate the subscribers who are members of the group in the total amount of NIS736 million. Internet Gold - Golden Lines Ltd. provides various telecommunications services in Israel. It operates through Fixed Line Domestic Communications; Cellular Communications; International Communications, Internet Services and Network End Point; and Multichannel Television segments. The Company was founded in 1980 and is headquartered in Ramat Gan, Israel. Internet Gold - Golden Lines Ltd. is a subsidiary of Eurocom Communications Ltd. B Communications Ltd. is the Company's principal subsidiary. INTERNET GOLD: Class Suit vs. DBS on Children's Channel Underway ---------------------------------------------------------------- Internet Gold - Golden Lines Ltd.'s subsidiary, DBS Satellite Services (1998) Ltd., is facing a financial claim filed in March 2017 with a motion to certify it as a class action regarding the discontinued broadcast of the Children's Channel, according to the Company's Form 20-F filing with the U.S. Securities and Exchange Commission for the fiscal year ended December 31, 2016. In an action filed in the Central District Court, the claimant alleged that DBS was in breach of the agreement with its customers and the conditions of the license issued by the Ministry of Communications when it discontinued broadcasts of the Children's Channel from January 1, 2017 and instead started to broadcast a channel called Yes KIDZ, which the claimant alleges is not an appropriate substitute. The claimant is seeking a refund from DBS to each member of the class group in the amounts it collected or overcharged (not less than NIS100 per month) from the date of discontinuation of the channel broadcasts, and that DBS should also compensate all members of the group for the inconvenience caused as a result of discontinuation of the channel broadcasts (a loss which is estimated in the amount of NIS250 for each group member). The Company said, "The claimant does not expressly mention the amount sought from DBS, but defines the group as all DBS customers on the date of discontinuation of the channel broadcasts, excluding those customers who have ostensibly already received specific compensation from DBS for discontinuation of the channel broadcasts." Internet Gold - Golden Lines Ltd. provides various telecommunications services in Israel. It operates through Fixed Line Domestic Communications; Cellular Communications; International Communications, Internet Services and Network End Point; and Multichannel Television segments. The Company was founded in 1980 and is headquartered in Ramat Gan, Israel. Internet Gold - Golden Lines Ltd. is a subsidiary of Eurocom Communications Ltd. B Communications Ltd. is the Company's principal subsidiary. INTERNET GOLD: DBS Settles Lawsuit on Channel 5+ Disconnection -------------------------------------------------------------- Internet Gold - Golden Lines Ltd. disclosed in its Form 20-F filing with the U.S. Securities and Exchange Commission for the fiscal year ended December 31, 2016 that a legal action, which was filed in March 2013 with a motion to certify it as a class action against subsidiary DBS Satellite Services (1998) Ltd. relating to customers disconnected from channel 5+, has been resolved through a settlement agreement. The Company stated, "In an action filed in the Central District Court the claimants alleged that DBS disconnected customers from channel 5+ and reconnected them only after the customers contacted DBS and requested reconnection but continued collecting fees for the channel from those customers who did not contact them and were, therefore, not reconnected. Pursuant to an amended settlement agreement, DBS will grant each of the members of the group benefits of NIS14 million. "The applicant estimates the damage to himself at NIS1,065 of which NIS 1,000 is non-monetary damage, but did not include a total amount for the suit." Internet Gold - Golden Lines Ltd. provides various telecommunications services in Israel. It operates through Fixed Line Domestic Communications; Cellular Communications; International Communications, Internet Services and Network End Point; and Multichannel Television segments. The Company was founded in 1980 and is headquartered in Ramat Gan, Israel. Internet Gold - Golden Lines Ltd. is a subsidiary of Eurocom Communications Ltd. B Communications Ltd. is the Company's principal subsidiary INTRA-CELLULAR: "Yoo" Hits Share Price Drop Over Drug Safety ------------------------------------------------------------ Kevin Yoo, Individually and on behalf of all others similarly situated, Plaintiff, v. Intra-Cellular Therapies, Inc., Sharon Mates, Lawrence J. Hineline and Kimberly E. Vanover, Defendants, Case 1:17-cv-02928 (E.D. N.Y., May 12, 2017) seeks damages sustained, prejudgment and post-judgment interest, as well as their reasonable attorneys' fees, expert fees and other costs and such other and further relief under the Securities Exchange Act of 1934. Intra-Cellular is a biopharmaceutical company that is focused on the discovery and clinical development of innovative, small molecule drugs that address underserved medical needs in neuropsychiatric and neurological disorders by targeting intracellular signaling mechanisms within the central nervous system. The company's lead drug candidate, ITI-007 also known as lumateperone, is supposed to treat schizophrenia, behavioral disturbances in dementia, bipolar disorder and other neuropsychiatric and neurological disorders. Defendants failed to disclose that the findings related to toxicity observed in animals treated with lumateperone posed an additional safety concern. On this news, shares of Intra-Cellular fell $3.33 per share or over 24% from its previous closing price to close at $10.49 per share on May 1, 2017, damaging investors including the Plaintiff. [BN] Plaintiff is represented by: Phillip Kim, Esq. Laurence M. Rosen, Esq. THE ROSEN LAW FIRM, P.A. 275 Madison Ave., 34th Floor New York, NY 10016 Telephone: (212) 686-1060 Fax: (212) 202-3827 Email: lrosen@rosenlegal.com pkim@rosenlegal.com KANG REGENCY: Faces "Mares" Suit in Southern Dist. of New York -------------------------------------------------------------- A class action lawsuit has been filed against Kang Regency Corp. The case is captioned as Javier Pedraza Mares, individually and on behalf of others similarly situated, the Plaintiff, v. Kang Regency Corp., doing business as: Regency Cleaners; Regency Cleaners Inc., doing business as: Regency Cleaners; Hongpin Kang; and John Doe, the Defendant, Case No. 1:17-cv-03882 (S.D.N.Y., May 23, 2017). Regency Cleaners provides professional dry Cleaning and laundromat services.[BN] The Plaintiff appears pro se. KOHL'S CORP: Court Denies ERC's Bid to Certify Class Under ADA -------------------------------------------------------------- The Hon. Ronald A. Guzman denied the Plaintiffs' motion for class certification in the lawsuit entitled Equal Rights Center, et al. v. Kohl's Corporation and Kohl's Department Stores, Inc., Case No. 1:14-cv-08259 (N.D. Ill.). The Plaintiffs, on behalf of themselves and a putative class, seek to hold Kohl's liable for purported violations of the Americans with Disabilities Act and the New York Human Rights Law based on alleged inaccessible counters, restrooms, fitting rooms, and inadequate accessible parking. The Plaintiffs contend that "Kohl's systematically denies customers who use wheelchairs and scooters full and equal enjoyment of their stores across the country." The Plaintiffs propose this class definition: All people with mobility disabilities who relied on wheeled mobility devices for mobility who, during the 12 months immediately prior to the filing of the Complaint in this case, were denied access to the goods, services, facilities, privileges, advantages, or accommodations of any Kohl's Department Store in the United States on the basis of disability because of the existence of aisles which were too narrow (less than 36 inches). In a memorandum opinion and order, Judge Guzman opined that because the Plaintiffs have not demonstrated that a nationwide class under the proposed definition meets all of the requirements of Rule 23 of the Federal Rules of Civil Procedure or is the appropriate vehicle for obtaining relief, the Court denies the motion for class certification. A copy of the Memorandum Opinion and Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=73F31WtF LEAP ACADEMY: "Federico" Sues Over Termination of Employment ------------------------------------------------------------ LISA FEDERICO, the Plaintiff, v. LEAP ACADEMY UNIVERSITY CHARTER SCHOOL, INC., and JOHN DOES 1-5 AND 6-10, the Defendants, Case No. L-2132-17 (N.J. Super. Ct., May 24, 2017), seeks to recover compensatory damages, punitive damages, interest, cost of suit, attorneys' fees, enhanced attorneys' fees, equitable back pay, equitable front pay, equitable reinstatement, and any other relief the Court deems equitable and just under Conscientious Employee Protection Act (CEPA). According to the complaint, Plaintiff told Veguilla that she needed another instructional assistant (IA) due to the violence of the students. Plaintiff also told Veguilla during this meeting that the student's actions were a threat to the health of other students, and to herself. To plaintiffs knowledge, Veguilla did not take any action to stop the violent acts of the students. Instead, during that meeting, Veguilla told plaintiff that she was going to be placed on a "support plan." The support plan stated that plaintiff would be placed on an instructional plan from February 14, 2017 to April 22, 2017. However, approximately one week after that letter, on or around February 22, 2017, plaintiff was notified by defendant's Chief Operations Officer, Manuel Delgado, that she was being terminated. Plaintiff was told that her last day of work was February 22, but because of her employment contract, her termination became "effective" on April 21. When plaintiff asked Delgado why she was being terminated, Delgado stated that the termination was based on "instructional performance." Delgado, however, never explained specifically what that meant, or gave plaintiff any specific reason why she was terminated from her employment. Plaintiff complained to members of upper management at defendant that she reasonably believed that the actions of the students and physically attacking one another, teachers, and destroying property of the school district were a violation of a law, a rule or regulation promulgated pursuant to law or actions incompatible to clear mandate of public policy. In acting as she did, plaintiff objected to and refused to participate in activities, policies, and practices which she reasonably believed were in violation of a law, a rule or regulation promulgated pursuant to law or actions incompatible with a clear mandate of public policy. Subsequent to plaintiff engaging in this protected activity by making these complaints, objecting to these actions and refusing to participate in these activities, she was subjected to retaliation that included being written up, and terminated from her employment. A determinative or motivating factor in the relation plaintiff was subjected to was the fact that she objected to or refused to participate in activities, policies and practices which she reasonably believed were in violation of a law, a rule or regulation promulgated pursuant to law or acts incompatible with a clear mandate of public policy. Defendant's actions and retaliation were intentional, purposeful, willful and egregious retaliation, performed by members of upper management, making punitive damages warranted. The fact that plaintiff was directly retaliated against as a result of having engaged in protected activity under CEPA by way of her objections entitle her to claim compensatory and punitive damages under CEPA set forth hereafter.[BN] The Plaintiff requests that the Court order the defendants to cease and desist all conduct inconsistent with the claims made going forward, both as to the specific plaintiff and as to all other individuals similarly situated. LEAP Academy is a public charter school that serves students in Kindergarten through twelfth grades from Camden, in Camden County, New Jersey, United States. The Plaintiff is represented by: Kevin M. Costello, Esq. COSTELLO & MAINS, LLC 18000 Horizon Way, Suite 800 Mount Laurel, NJ 08054 Telephone: (856) 727 9700 LOS ANGELES, CA: Court Certified 6th and Hope Damages Subclass -------------------------------------------------------------- In the lawsuit styled Charmaine Chua, et al., the Plaintiffs v. City of Los Angeles, et al., the Defendants, Case No. 2:16-cv- 00237-JAK-GJS (C.D. Cal.), the Hon. Judge John A. Kronstadt entered an order certifying the "6th and Hope" damages subclass and denying the Beverly and Alvarado damages subclass and the injunctive relief subclass. The Plaintiffs are Charmaine Chua, Torie Rivera, Lydia Hicks, Kyle Todd and the National Lawyers Guild. The 6th and Hope damages subclass is certified as to the demand for statutory damages, but not as to the claim for either general of specific damages. The Beverly and Alvarado damages subclass is not certified, without prejudice to the filing of an amended complaint that proposes another person to serve in the role of class representative. The injunctive relief subclass is not certified, without prejudice to a later request for certification of a more narrowly defined class. The 6th and Hope subclass is defined as: "approximately 130 persons who were detained and arrested at 6th and Hope Streets on November 26, 2014, denied release on their own recognizance but never prosecuted. This putative subclass is to be represented by Chua, Hicks and Rivera. Id. section 60". The Beverly and Alvarado subclass is defined as: "approximately 40 persons who were kettled, detained, interrogated and forced to give up personal information at Beverly and Alvarado Streets on November 28, 2014. Id. sections 10, 60. This subclass is represented by named Plaintiff Todd. Id". The injunctive relief class is defined as: "all persons who have in the past, or may in the future, participate in, or be present at, demonstrations within the City of Los Angeles in the exercise of their rights of free Speech and petition." Id. section 61. This class is represented by the NLG and all the other named representatives". The Plaintiffs allege that Defendants violated their rights under the First, Fourth and Fourteenth Amendments to the Constitution, as well as their rights under the California Constitution and Cal. Civ. Code sections 52.1 and 1798.14. The alleged basis for these claims is that, while involved in two protests in November 2014, Plaintiffs were detained and then arrested by officers of the LAPD. The Court noted that, "Plaintiffs contend that the NLG has standing because it has suffered an injury as have its members. Plaintiffs argue that the Complaint adequately alleges that NLG has been injured due to the frustration of its mission by the actions of Defendants. They argue that the NLG's mission is "work[ing] to ensure legal and practical access to demonstrations in Southern California" and "advocat[ing] against unlawful surveillance of persons engaged in protected First Amendment activity, including the compilation of databases of participants in public protest" has been frustrated by the alleged actions Defendant has taken against protestors in this case. Plaintiffs contend that the allegations with respect to the violations of the rights of protestors to assembly and the unlawful surveillance satisfy the mission frustration prong of the analysis. See, e.g., Smith v. Pac. Properties & Dev. Corp., 358 F.3d 1097, 1105 (9th Cir. 2004) ("Any violation of the [Fair Housing Act] would therefore constitute a 'frustration of [the plaintiff's] mission,'" where the plaintiff was "organized with the principal purpose of helping to eliminate discrimination against individuals with disabilities by ensuring compliance with laws intended to provide access to housing, public buildings, transportation, goods and services."). Plaintiffs also contend that a substantial amount of NLG resources have been consumed due to the need to respond to Defendants' actions. Thus, they argue that the NLG "expends money conducting work to protect the right to lawfully demonstrate without police interference in Los Angeles." This alleged diversion of resources is also sufficient to establish standing. See, e.g., Smith, 358 F.3d at 1105 (diversion of resources satisfied when organization's resources were used "to promote awareness of -- and compliance with -- federal and state accessibility laws"); El Rescate Legal Servs., Inc. v. Exec. Office of Immigration Review, 959 F.2d 742, 748 (9th Cir. 1991) ("The allegation that the [Defendant]'s policy frustrates these goals and requires the organizations to expend resources in representing clients they otherwise would spend in other ways is enough to establish standing.")". A copy of the Order vis available at no charge at http://d.classactionreporternewsletter.com/u?f=fdKD1vaN LOS ANGELES, CA: Wins Judgment on Pleadings in "Yagman" Suit ------------------------------------------------------------ The Hon. John A. Kronstadt granted with prejudice the Defendants' motion for judgment on the pleadings in the lawsuit captioned Stephen Yagman v. Eric Garcetti, et al., Case No. 2:16-cv-05944- JAK-E (C.D Cal.). Eric Michael Garcetti is the current mayor of Los Angeles. Stephen Yagman brought the putative class action on behalf of himself and others similarly situated. The complaint names as defendants these government officials: Eric Garcetti, Gilbert Cedillo, Paul Krekorian, Bob Blumenfield, Tom Labonge, Paul Koretz, Nury Martinez, Felipe Fuentes, Bernard Parks, Curren Price, Jr., Herb Wesson, Jr., Mike Bonin, Mitchell Englander, Mitch O'Farrell, Jose Huizar, Joe Suscanio, George E. Moss, Grace Eunkyung Yoo, Rob Carpenter, David Malcolm Carson, Jaime Jesus Rodriguez, Stephanie Rodriguez, Dana Matthew Perlman, Janny H. Kim, John Ly, Eric Eishenberg, Bryan Kang, Jaime de la Vega, Selwyn Hollins, Detrich Allen, Robert Andalon, Greg Savelli, John Ficke, Sharon I. Jacobucci and Rodriguez 2949. Through this action (the Plaintiff's third complaint), the Plaintiff seeks to challenge the constitutionality of the administrative procedure for contesting parking tickets that was previously adopted by the City of Los Angeles's. The Plaintiff filed the Complaint in the present action on August 9, 2016, stating that the Plaintiff received parking tickets and contested each of these tickets. The Plaintiff alleges that the process for doing so was contrary to due process and California law for two principal reasons -- the initial review of the citation was processed by a third-party agency engaged by the City, and the Plaintiff was required to pay the fine associated with each citation as a condition to having an administrative hearing. According to the civil minutes, the District Court entered a final judgment in Yagman I pursuant to which all of Plaintiff's claims were dismissed with prejudice and the Ninth Circuit affirmed that judgment. The District Court also entered a final judgment in Yagman II pursuant to which all of Plaintiff's claims were dismissed with prejudice. In light of this procedural and substantive history, Yagman I and Yagman II each has preclusive effect, Judge Kronstadt opined. Hence, Judge Kronstadt ruled, the motion to certify class is moot. Judge Kronstadt also directed the Defendants to lodge a proposed judgment after conferring with the Plaintiff to seek to agree on its form. The notice will include whether the parties agree to the form of judgment or whether the Plaintiff will be filing any objections to the proposed judgment. A copy of the Civil Minutes is available at no charge at http://d.classactionreporternewsletter.com/u?f=wLaKdncy LTD FINANCIAL: Bordeaux Moves for Class Cert.; Hearing on June 5 ---------------------------------------------------------------- Roberta Bordeaux asks the Court for an order certifying the case styled ROBERTA BORDEAUX, on behalf of herself and those similarly situated v. LTD FINANCIAL SYSTEMS, LP; ADVANTAGE ASSETS II, INC.; and JOHN DOES 1 to 10, Case No. 2:16-cv-00243-KSH-CLW (D.N.J.), to proceed as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure. The Court will commence a hearing on June 5, 2017, at 10:00 a.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=Ox21eKLk The Plaintiff is represented by: Philip D. Stern, Esq. Andrew T. Thomasson, Esq. STERN THOMASSON LLP 150 Morris Avenue, 2nd Floor Springfield, NJ 07081-1315 Telephone: (973) 379-7500 Facsimile: (973) 532-5868 E-mail: philip@sternthomasson.com andrew@sternthomasson.com - and - Yongmoon Kim, Esq. KIM LAW FIRM LLC 411 Hackensack Avenue, Suite 200 Hackensack, NJ 07601 Telephone: (201) 273-7117 E-mail: ykim@kimlf.com LVNV FUNDING: Judge Certifies Settlement Class in "Sandoval" Suit ----------------------------------------------------------------- In the lawsuit styled GEORGINA SANDOVAL, on behalf of herself and those similarly situated, the Plaintiff, v. LVNV FUNDING LLC and RESURGENT CAPITAL SERVICES, L.P., the Defendants, Case No. 2:15- cv-06728-KM-MAH (D.N.J.), the Hon. Judge Kevin McNulty certifies a settlement class of: "all consumers residing within the State of New Jersey, to whom Resurgent Capital Services, L.P., mailed a collection letter in the same or similar form as the September 8, 2014 letter sent to Plaintiff; which letter (i) was dated within one year prior to September 8, 2015, (ii) was seeking to collect a consumer debt allegedly owed to LVNV Funding LLC, which originated from Credit One Bank, N.A., and (iii) was sent in a windowed envelope such that the account number associated with the debt was visible from outside the envelope". In accordance with the terms of the Agreement, Defendants shall make the following payments: (a) Defendants shall create a class settlement fund of $75,000.00, which the Settlement Administrator will distribute pro rata among those Class Members who returned a claim form and did not exclude themselves from the Settlement. Claimants will receive a pro rata share of the Class Recovery by check. Checks issued to Claimants will be void 60 days from the date of issuance. Any checks that have not been cashed by the void date, along with any unclaimed funds remaining in the Class Recovery, will be donated as a cy pres award to Northeast New Jersey Legal Services, Inc. Defendants shall also issue a 5% credit to each open LVNV accounts for each Class Member or, in the alternative, if the account(s) is closed, shall issue that Class Member an additional $50.00 payment ("Account Credits"). Defendants shall not issue any Claimant a 1099C with respect to the Account Credits. (b) Defendants shall pay Plaintiff $3,500.00. (c) Defendants shall pay Class Counsel $30,000.00 for their attorneys' fees and costs incurred in the action. Class Counsel shall not request additional fees or costs from Defendants or Class Members. Heffler Claims Group serves as the third-party settlement administrator. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=h7vcbwNE MANAGEMENT NETWORK: "Smith" Sues Over Foreclosure ------------------------------------------------- Leia Smith, individually and on behalf of others similarly situated, Plaintiff, v. Management Network U.S.A., Inc., Defendant, Case No. 3:17-cv-00300, (W.D. Ky., May 11, 2017), seeks damages and equitable relief pursuant to the Kentucky Consumer Protection Act. In 2014, Ms. Smith obtained a mortgage loan to purchase a home in Taylorsville, Kentucky. In 2016, Ms. Smith experienced financial hardship and Management Network contacted Ms. Smith and offered to provide her with loan modification and foreclosure prevention services. In reliance on the representations made by Management Network, Ms. Smith submitted four payments totaling $3,525.56 to Management Network from June 2016 to September 2016. She never received notice from Management Network informing her of any default or any notice to foreclose and accelerate any alleged indebtedness. Despite making the payments to Management Network, her original loan provider initiated foreclosure proceedings against Ms. Smith on October 31, 2016. [BN] Plaintiff is represented by: James Craig, Esq. Whitney L. Railey, Esq. CRAIG HENRY PLC 239 South Fifth Street, Suite 1400 Louisville, KY 40202 Telephone: (502) 614-5962 Facsimile: (502) 614-5968 Email: jcraig@craighenrylaw.com wrailey@craighenrylaw.com MARBLECAST OF MICHIGAN: Bid to Certify Sought in "Garner" Suit -------------------------------------------------------------- The Plaintiff in the lawsuit styled GARNER PROPERTIES & MANAGEMENT, LLC, a Michigan limited liability company, individually and as the representative of a class of similarly- situated persons v. MARBLECAST OF MICHIGAN, INC., and AMERICAN WOODMARK CORPORATION, Case No. 2:17-cv-11439-VAR-MKM (E.D. Mich.), moves for entry of an order certifying this class: Each person sent one or more telephone facsimile messages from about Waypoint Cabinetry available at www.waypointlivingspaces.com. The case involves common fact questions about the Defendants' fax campaign and common legal questions under the Telephone Consumer Protection Act. Garner tells the Court that it files the Motion soon after the filing of its class action complaint in order to avoid an attempt by the Defendants to moot its individual claims in the class action. However, in this case, additional discovery is necessary for the Court to determine whether to certify the class it seeks to represent, Garner asserts. As a result, Garner says it will seek leave to pursue class discovery as soon as practicable. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=fN5XKCTU The Plaintiff is represented by: Phillip A. Bock, Esq. Robert M. Hatch, Esq. BOCK, HATCH, LEWIS & OPPENHEIM, LLC 134 N. La Salle St., Suite 1000 Chicago, IL 60602 Telephone: (312) 658-5500 Facsimile: (312) 658-5555 E-mail: phil@classlawyers.com robert@classlawyers.com - and - Aaron D. Cox, Esq. THE LAW OFFICES OF AARON D. COX, PLLC 23380 Goddard Rd. Taylor, MI 48180 Telephone: (734) 287-3664 E-mail: Aaron@aaroncoxlaw.com - and - Mark K. Wasvary, Esq. MARK K. WASVARY, P.C. 2401 W. Big Beaver Rd., Suite 100 Troy, MI 48084 Telephone: (248) 649-5667 Facsimile: (248) 649-5668 E-mail: markwasvary@hotmail.com MIAMI AUTO MAX: "Vasconcelo" Seeks to Recover Minimum Wages ----------------------------------------------------------- Roberto Vasconcelo, individually and on behalf of others similarly situated, Plaintiff, v. Miami Auto Max, Inc. and Kennya Quesada, individually, Defendants, Case No. 1:17-cv-21765, (S.D. Fla., May 12, 2017), seeks payment of minimum wages, liquidated damages, an award of reasonable attorney's fees and costs and any and all such other relief under the Fair Labor Standards Act. Vasconcelo works as automobile salesperson at a conglomerate of automobile dealership locations known as "Car Depot of Miami" and "Car Depot of Miramar" in Miami-Dade County, Florida and Broward County, Florida, owned and/or operated and controlled by Miami Auto Max, Inc. Employees worked under a "commissions-only" pay plan in place at both dealerships. [BN] Plaintiff is represented by: Anthony F. Sanchez, Esq. ANTHONY F. SANCHEZ, P.A. 6701 Sunset Drive, Suite 101 Miami, FL 33143 Tel: (305) 665-9211 Fax: (305) 328-4842 E-mail: afs@laborlawfla.com MILK RIVER: Faces "Jones" Suit in Eastern Dist. of New York ----------------------------------------------------------- A class action lawsuit has been filed against Milk River Cafe, LLC. The case is styled as Dante Jones, individually and in behalf of all other persons similarly situated, the Plaintiff, v. Milk River Cafe, LLC, doing business as: Milk River Cafe, jointly and severally; Bruce Lyew, jointly and severally; and La-Niece Lyew, jointly and severally, the Defendant, Case No. 1:17-cv-03120 (E.D.N.Y., May 23, 2017). Milk River is a restaurant and lounge located in Brooklyn.[BN] The Plaintiff appears pro se. MMODAL SERVICES: "Seijas" Seeks OT Pay for Off-the-Clock Work -------------------------------------------------------------- Michelle Seijas f/k/a Michelle Cram, on behalf of herself and others similarly situated, Plaintiff, v. MModal Services, Ltd., Inc., Defendant, Case 8:17-cv-01116 (M.D. Fla., May 11, 2017) seeks unpaid minimum wages, liquidated damages and declaratory relief pursuant to the Fair Labor Standards Act and Florida's State Minimum Wage Law. Defendant is a medical transcription company where Plaintiff was employed as medical transcriptionists and was paid per line edited or transcribed. Seijas was paid only for hands-on time and was not compensated for computer down-time, waiting time, retrieving the patient's medical record number and other non-transcribing-related work. She also claims excessive deductions from "blank" entries from inaudible/incoherent recordings. [BN] Plaintiffs are represented by: Jay P. Lechner, Esq. Jason M. Melton, Esq. WHITTEL & MELTON, LLC One Progress Plaza 200 Central Avenue, #400 St. Petersburg, FL 33701 Telephone: (727) 822-1111 Facsimile: (727) 898-2001 Email: Pleadings@theFLlawfirm.com lechnerj@theFLlawfirm.com kmoran@theFLlawfirm.com MONTGOMERY, AL: Carter Moves for Class Certification ---------------------------------------------------- The Plaintiff moves the Court to certify the action entitled ALDARESS CARTER, INDIVIDUALLY, AND FOR A CLASS OF SIMILARLY SITUATED PERSONS OR ENTITIES v. THE CITY OF MONTGOMERY and BRANCH D. KLOESS; JUDICIAL CORRECTION SERVICES, INC., a corporation; CORRECTIONAL HEALTHCARE COMPANIES, INC., a corporation; CHC COMPANIES, INC., a corporation, Case No. 2:15-cv-00555-RCL-WC (M.D. Ala.), as a class action on behalf of a class composed of: All individuals who have been in the past assigned by the Montgomery Municipal Court to "probation" with Judicial Correction Services (JCS) for the collection of fines, and All individuals who, despite their indigency, were incarcerated, without consideration of their indigency for failure to pay fines, charges and fees to Montgomery. The Plaintiff also asks the Court to appoint the Plaintiff's counsel as Class Counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=WEAuysEn The Plaintiff is represented by: G. Daniel Evans, Esq. Alexandria Parrish, Esq. Maurine C. Evans, Esq. THE EVANS LAW FIRM, P.C. 1736 Oxmoor Road, Suite 101 Birmingham, AL 35209 Telephone: (205) 870-1970 Facsimile: (205) 870-7763 E-mail: gdevans@evanslawpc.com ap@evanslawpc.com mevans@evanslawpc.com Defendant The City of Montgomery is represented by: Shannon L. Holliday, Esq. Robert D. Segall, Esq. Joel Caldwell, Esq. COPELAND, FRANCO, SCREWS & GILL, P.A. P.O. Box 347 Montgomery, AL 36101-0347 Telephone: (334) 420-2943 Facsimile: (334) 834-3172 E-mail: holliday@copelandfranco.com segall@copelandfranco.com caldwell@copelandfranco.com - and - Kimberly O. Fehl, Esq. Michael D. Brymer, Esq. CITY OF MONTGOMERY Legal Department Post Office Box 1111 Montgomery, AL 36101-1111 Telephone: (334) 625-2050 Facsimile: (334) 625-2310 E-mail: kfehl@montgomeryal.gov mbrymer@montgomeryal.gov Defendant Branch D. Kloess is represented by: Micheal S. Jackson, Esq. WEBSTER, HENRY, LYONS, BRADWELL, COHAN & BLACK, P.C. P. O. Box 239 Montgomery, AL 36101-0239 Telephone: (334) 264-9472 Facsimile: (334) 264-9599 E-mail: mjackson@websterhenry.com Defendant CHC Companies, Inc., is represented by: F. Lane Finch, Jr., Esq. Brian Richardson, Esq. SWIFT CURRIE MCGHEE AND HIERS, LLP 2 North 20th Street, Suite 1405 Birmingham, AL 35203 Telephone: (205) 314-2403 Facsimile: (205) 244-1373 E-mail: lane.finch@swiftcurrie.com brian.richardson@swiftcurrie.com Defendants Judicial Correctional Services, Inc., and Correctional Healthcare Companies, Inc., are represented by: Michael L. Jackson, Esq. Larry S. Logsdon, Esq. WALLACE, JORDAN, RATLIFF & BRANDT, L.L.C. P.O. Box 530910 Birmingham, AL 35253 Telephone: (205) 874-0315 Facsimile: (205) 874-3251 E-mail: mjackson@wallacejordan.com llogsdon@wallacejordan.com MOPHIE INC: Stotz Seeks Certification of Class and Two Subclasses ----------------------------------------------------------------- The Plaintiffs in the lawsuit captioned ERIC STOTZ and ALAN CHARLES, individually, and on behalf of all others similarly situated v. MOPHIE INC., Case No. 2:16-cv-08898-GW-FFM (C.D. Cal.), move the Court for an order certifying: -- a Consumer Class consisting of: All United States Citizens who, between the applicable statute of limitations and the present, purchased one or more Class Products; -- a California subclass consisting of: All United States Citizens who, between the applicable statute of limitations and the present, purchased one or more Class Products in California; and -- a New York subclass consisting of: All United States Citizens who, between the applicable statute of limitations and the present, purchased one or more Class Products in New York. The Plaintiffs also ask the Court to appoint them as Class Representatives and their attorneys as Class Counsel. The Court will commence a hearing on August 3, 2017, at 8:30 a.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=QBAD23Uc The Plaintiffs are represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. Thomas E. Wheeler, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St., Suite 780, Woodland Hills, CA 91367 Telephone: (877) 206-4741 Facsimile: (866) 633-0228 E-mail: tfriedman@toddflaw.com abacon@toddflaw.com twheeler@toddflaw.com MOSEX EXHIBIT: Faces "Kiler" Suit in Eastern District of New York ----------------------------------------------------------------- A class action lawsuit has been filed against Mosex Exhibit 1 LLC. The case is titled as Marion Kiler, on behalf of herself and all others similarly situated, the Plaintiff, v. Mosex Exhibit 1 LLC, the Defendant, Case No. 2:17-cv-03110 (E.D.N.Y., May 23, 2017). Mosex Exhibit is a museums and art gallery located in New York, New York.[BN] The Plaintiff is represented by: C.K. Lee, Esq. LEE LITIGATION GROUP, PLLC 30 East 39th Street, 2nd floor New York, NY 10016 Telephone: (212) 465 1188 Facsimile: (212) 465 1181 E-mail: cklee@leelitigation.com MSI INVENTORY: "Roush" Seeks Unpaid Overtime, Missed Breaks ----------------------------------------------------------- Kim Roush, Sheila Emmerling and Cindy Henderson, individually and on behalf of all others similarly situated, Plaintiffs, v. MSI Inventory Service Corporation, I-FRAN, Inc., James O. Mcclain, Sandra B. Mcclain and Does 1 through 20, inclusive, Defendants, Case No. 2:17-at-00502 (E.D. Cal., May 13, 2017), seeks monetary recovery, declaratory and injunctive relief including full restitution and disgorgement of all compensation retained for violations of California's Unfair Competition Law, including damages plus interest, attorney's fees and costs under the California Labor Code. MSI operates an inventory accounting service for retailers and merchants. I-Fran sells franchises for retailer and merchant inventory accounting services, which includes a formula, system, method, and integrated computer hardware and software. Kim Roush, Sheila Emmerling and Cindy Henderson worked for the Defendants as inventory specialists or inventory auditors, counting product inventory in retail stores within the State of California, assigned to a retail store and manually capturing the stock keeping unit number for each item of physical inventory in the assigned store to determine the number of items on hand. Plaintiffs allege that they were not compensated for their travel time to the stores they were assigned to, worked through meal/rest period and were not given accurate wage statements. [BN] Plaintiff is represented by: Joseph W. Rose, Esq. Mehran Tahoori, Esq. ROSE LAW, A PROFFESSIONAL CORP. 11335 Gold Express Drive, Suite 135 Gold River, CA 95670 Telephone: (916) 273-1260 Facsimile: (916) 290-0148 Email: legalteam@joeroselaw.com MYLAN INC: Self-Insured Schools Hits Overpriced Albuterol Sulfate ----------------------------------------------------------------- Self-Insured Schools of California, on behalf of itself and all others similarly situated, Plaintiffs, v. Mylan, Inc., Sandoz, Inc. and Taro Pharmaceuticals USA Inc., Defendants, Case No. 2:17- cv-02158, (E.D. Pa., May 11, 2017), seeks treble damages, injunctive relief, costs of suit and reasonable attorneys' fees resulting from overcharging albuterol sulfate tablets in violation of the Sherman Act and Clayton Act. Albuterol Sulfate Tablets are used to treat asthma and other breathing problems. Self-Insured Schools of California is a joint powers authority under California law with its principal place of business in Bakersfield, California. Mylan Inc. is a Pennsylvania corporation with its principal place of business at 1000 Mylan Blvd., Canonsburg, Pennsylvania 15317. Mylan Pharmaceuticals Inc. is a West Virginia corporation with its principal place of business at TSl Chestnut Ridge Road, Morgantown, West Virginia 26505. Sun Pharmaceutical Industries, Inc. is a Michigan corporation with its principal place of business in Cranbury, New Jersey. It sold albuterol sulfate tablets throughout the United States. [BN] Plaintiff is represented by: Joshua H. Grabar, Esq. SIEGEL BRILL P.A. 100 Washington Avenue South, Suite 1300 Minneapolis, MN 55401 Phones: (612) 337-6100 Fax: (612) 339-6591 - and - Joseph R. Saveri, Esq. JOSEPH SAVERI LAW FIRM 555 Montgomery Street, Suite 1210 San Francisco, CA 94111 Tel: (415) 500-6800 Fax: (415) 395-9940 NESTLE USA: McFarland's Motion to Certify Class Denied as Moot -------------------------------------------------------------- The Hon. J. Leon Holmes denied as moot the Plaintiff's motion to certify class filed in the lawsuit styled JOY MCFARLAND, Individually and on Behalf of Others Similarly Situated v. NESTLE USA, INC.; and NESTLE PREPARED FOODS COMPANY, Case No. 3:16-cv- 00100-JLH (E.D. Ark.). Because the Court has preliminarily approved the amended joint motion for approval of class and collective action settlement and notice to the settlement class, the pending motion to certify class is denied as moot, Judge Holmes said. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=c2rGmlQ4 NU-WAY TRANSPORTATION: Leadingham Seeks to Certify Drivers Class ---------------------------------------------------------------- The Plaintiffs ask the Court to conditionally certify the case titled RICHARD LEADINGHAM, individually and on behalf of all similarly situated v. NU-WAY TRANSPORTATION SERVICES, INC., Case No. 1:16-cv-01490-MMM-JEH (C.D. Ill.), as a collective action for unpaid wages pursuant to the Fair Labor Standards Act for a conditional class defined as: All current and former Spotter Drivers or other job titles performing similar job duties employed by Nu-Way Transportation Services, Inc., at any time during the last three years, who were not paid overtime at the premium overtime rate for hours worked in excess of 40 in any given workweek. The Plaintiffs also ask the Court to approve the Court-Authorized Notice and Consent to Sue form, to compel the Defendant to produce necessary information of the potential class members, to permit the Plaintiffs' counsel to send the Notice, to require the Defendant post a copy of the Notice in its facilities, to allow the Plaintiffs' Counsel to mail and e-mail a reminder notice, to allowing 90 days for putative Class members to return their Consent to Sue form, and to appoint the counsel, Johnson Becker, PLLC, as interim class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=JeMhd8XS Plaintiffs Richard Leadingham and Robert Rust are represented by: Molly E. Nephew, Esq. Jacob R. Rusch, Esq. JOHNSON BECKER, PLLC 444 Cedar Street, Suite 1800 Saint Paul, MN 55101 Telephone: (612) 436-1800 Facsimile: (612) 436-1801 E-mail: mnephew@johnsonbecker.com jrusch@johnsonbecker.com - and - Peter J. Flowers, Esq. MEYERS & FLOWERS, LLC 3 North Second Street, Suite 300 St. Charles, IL 60174 Telephone: (630) 232-6333 Facsimile: (630) 845-8982 E-mail: pjf@meyers-flowers.com PIER ENTERPRISES: Reyes Seeks Class Cert.; Hearing Set for Aug. 7 ----------------------------------------------------------------- The Plaintiffs in the lawsuit titled MIKE REYES, GORDON JACKSON, FELIPE DEL MURO, and SERGIO LUNA, individually and on behalf of all employees similarly situated 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, Case No. 5:15-cv-02108-JGB-DTB (C.D. Cal.), move for class certification. Roxanne A. Davis, Esq., of Davis*Gavsie & Hakim, LLP, filed with the Court a declaration in support of the Motion. The Court will commence a hearing on August 7, 2017, at 9:00 a.m., to consider the Motion. A copy of the Declaration is available at no charge at http://d.classactionreporternewsletter.com/u?f=6HAk0szR 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 PERMANENTE MEDICAL: Seeks OK of $6.2MM "Brown" Class Settlement --------------------------------------------------------------- The parties in the lawsuit captioned DEBRA BROWN, SANDRA MORTON, and BARBARA LABUSZEWSKI, individually and on behalf of all other similarly situated individuals v. THE PERMANENTE MEDICAL GROUP, INC., a California corporation, Case No. 3:16-cv-05272-VC (N.D. Cal.), jointly move the Court to: (1) conditionally certify a settlement class, which comprises all current and former hourly Advice Nurses, who have worked for TPMG from September 14, 2012, through preliminary approval; (2) preliminarily approve the parties' proposed $6,255,000 collective/class action settlement; (3) appoint the Plaintiffs as Class Representatives, their counsel as Class Counsel, and Simpluris, Inc., as Settlement Administrator; (4) approve the forms of notice to the class of the settlement, the Class Member Information Sheet, and the Election Not to Participate in the Settlement; and (5) schedule a hearing on the final approval of the Settlement for October 5, 2017, or as soon thereafter as the Court is available. The action is a Fair Labor Standards Act/California wage-and-hour hybrid collective/class action. The Plaintiffs and putative class members are 1,325 registered "Advice Nurses," who staffed three call centers operated by TPMG, located in Sacramento, San Jose and Vallejo. The $6,255,000 "Total Settlement Amount" will cover: (a) class member payments; (b) TPMG's share of payroll taxes; (c) the payment to the California Labor and Workforce Development Agency (the "LWDA") of $75,000 for PAGA penalties; (d) the Class Representative Service Payments up to $30,000 ($10,000 each ); (e) Class Counsel's fees and costs up to $1,951,500 (30% of the Total Settlement Amount for fees plus $75,000 for costs); and (f) the administration costs up to $30,000. All Class Members except those who properly opt out will receive Settlement Shares. Settlement Shares will be calculated based on actual Work Hours, as defined in the Settlement Agreement at Section III.C.1. The Court will commence a hearing on June 8, 2017, at 10:00 a.m., to consider the Motion. A copy of the Joint Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=WcsZ1Kpc The Plaintiffs are represented by: Jahan C. Sagafi, Esq. OUTTEN & GOLDEN LLP One Embarcadero Center, 38th Floor San Francisco, CA 94111 Telephone: (415) 638-8800 Facsimile: (415) 638-8810 E-mail: jsagafi@outtengolden.com - and - Kevin J. Stoops, Esq. Jesse L. Young, Esq. Jason J. Thompson, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Telephone: (248) 355-0300 Facsimile: (248) 436-8453 E-mail: kstoops@sommerspc.com jyoung@sommerspc.com jthompson@sommerspc.com Defendant The Permanente Medical Group, Inc., is represented by: Jeffrey D. Wohl, Esq. Caitlin M. Wang, Esq. PAUL HASTINGS LLP 101 California Street, 48th Floor San Francisco, CA 94111 Telephone: (415) 856-7000 Facsimile: (415) 856-7100 E-mail: jeffwohl@paulhastings.com caitlinmarianwang@paulhastings.com PORTFOLIO RECOVERY: Faces "Bereket" Suit in W.D. Washington ----------------------------------------------------------- A class action lawsuit has been filed against Portfolio Recovery Associates, LLC. The case is styled as Abby Bereket, individually and on behalf of all others similarly situated, the Plaintiff, v. Portfolio Recovery Associates, LLC, the Defendant, Case No. 2:17- cv-00812 (W.D. Wash., May 24, 2017). Portfolio Recovery helps customers resolve debt and design a payment plan that fits their budget.[BN] The Plaintiff is represented by: Ryan Matthew Pesicka, Esq. Concord Law, P.C. Waterfront Park Building 144 Railroad Avenue, Suite 236 Edmonds, WA 98020 Telephone: (206) 512 8029 E-mail: Ryan@ConcordLawSeattle.com PREMIER DERMATOLOGY: Smith et al. Seek Class Certification ---------------------------------------------------------- In the lawsuit captioned KIMBERLY SMITH AND STEVE SMITH, on behalf of themselves, and all others similarly situated, the Plaintiffs, v. PREMIER DERMATOLOGY AND FOREFRONT DERMATOLOGY, the Defendants, Case No. 1:17-cv-03712 (N.D. Ill.), the Plaintiffs ask the Court to: 1. enter and reserve ruling on Plaintiffs' motion for class certification; 2. allow for and schedule further discovery to take place on class-wide issues; 3. grant Plaintiffs leave to file a supplemental memorandum in support of her motion for class Certification upon the conclusion of full, class-wide discovery; 4. grant Plaintiffs' motion for class Certification in its entirety, including appointing Plaintiffs as the Class Representatives, and appoint her attorneys -- Ronald A. Marron of the Law Offices of Ronald A. Marron as class counsel; and 5. provide all other relief that the Court deems reasonable and just. According to the complaint, Defendants routinely contact prospective customer through mass text campaigns, without their consent to be texted. Defendants continue to text message those prospective customers even after he or she revokes any consent for future contact from Defendants. Plaintiff Smith visited Defendants for a routine procedure. After the visit and months later, in or around the Fall of 2016, Ms. Smith began receiving unwanted and unsolicited text messages from Defendants, approximately one text message per week. On April 18, 2017, Ms. Smith received a text message from Defendants with the message "From Premier Dermatology: Stubborn fat? Liposculpture is your solution Reply BEGIN to converse with me, HELP for help, STOP to opt out. Msg&Data rates apply." The text message came from the SMS code 95736. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=0w8SPAG9 The Plaintiffs are represented by: Jeffrey M. Salas, Esq. SALAS WANG LLC 73 W. Monroe, Suite 219 Chicago, IL 60603 Telephone: (312)803 4963 E-mail: jsalas@salaswang.com - and - Ronald A. Marron, Esq. Alexis M. Wood, Esq. Kas L. Gallucci, Esq. LAW OFFICES OF RONALD A. MARRON 651 Arroyo Drive San Diego, CA 92103 Telephone: (619) 696 9006 E-mail: ron@consumersadvocates.com alexis@consumersadvocates.com kas@consumersadvocates.com PROFESSIONAL CLAIMS: Faces "Klain" Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Professional Claims Bureau, Inc. The case is titled as Hana Klain, on behalf of herself and all other similarly situated consumers, the Plaintiff, v. Professional Claims Bureau, Inc., the Defendant, Case No. 1:17- cv-03156 (E.D.N.Y., May 24, 2017). Professional Claims provides receivable collection and management services. The Company offers insurance follow-up, credentialing, skip tracing, zero balance claim review, and practice management services.[BN] The Plaintiff is represented by: Adam Jon Fishbein, Esq. ADAM J. FISHBEIN, P.C. 735 Central Avenue Woodmere, NY 11598 Telephone: (516) 668 6945 E-mail: fishbeinadamj@gmail.com PUBLIC PARTNERSHIPS: "Talarico" Suit Seeks Damages, Overtime Pay ---------------------------------------------------------------- Ralph Talarico, individually and on behalf of all others similarly situated, Plaintiffs, v. Public Partnerships, LLC, d/b/a PCG Public Partnerships, Case 5:17-cv-02165 (E.D. Pa., May 11, 2017) seeks damages in the amount of her respective unpaid overtime compensation, prejudgment interest, attorneys' fees and costs pursuant to New York Labor Laws. Defendant commonly provides direct care services, including companionship, personal care and domestic assistance to individuals with disabilities and the elderly in their homes. Plaintiff worked as a direct care worker. [BN] Plaintiff is represented by: Richrd Katz, PA ARNOLD, BAYER & KATZ 14oA East King Street Lancaster, PA 17602 - and - Christine E. Webber, Esq. Miriam R. Nemeth, Esq. COHEN MILSTEIN SELLERS & TOLL, PLLC 1100 New York Ave. NW, Fifth Floor Washington, DC 20005 Telephone: (202) 408-4600 Email: cwebber@oohenmilstein.com mnemeth@cohenmilstein.com - and - Rachhana T. Srey, Esq. Robert L. Schug, Esq. NICHOLS KASTER, PLLP 4600 IDS Center, 80 South 8th Street Minneapolis, MN 55402 Telephone (612) 256-3200 Fax (612) 215-6870 Email: srey@nka.com shug@nl REAL CARE: Faces "Nesterenko" Suit in New York Supreme Court ------------------------------------------------------------ A class action lawsuit has been filed against Real Care Inc. The case is entitled as NESTERENKO, ALLA INDIVIDUALLY & ON BEHALF OF ALL OTHER PERSONS SIMILARLY SITUATED, the Plaintiff, v. REAL CARE INC., the Defendant, Case No. 1693/2017 (N.Y. Sup. Ct., May 24, 2017). The case is assigned to the Hon. Dawn M. Jimenez Salta. Real Care is a family owned and operated organization that began providing services to individuals with developmental disabilities in 2007.[BN] The Plaintiff is represented by: VIRGINA & AMBINDER Telephone: (212) 943 9080 The Defendant is represented by: FORD & HARRISON LLP 60 East 42nd Street 51st Floor New York, NY 10165 Telephone: (212) 453 5900 RICH PRODUCTS: Plaintiffs Seek to Notify Route Sales Reps --------------------------------------------------------- In the lawsuit titled SCOTT EHRLICH, SALVATORE REALE, and GARY PRUSINSKI, on behalf of themselves and others similarly situated in the state of Florida, the Plaintiffs, v. RICH PRODUCTS CORPORATION, a Foreign Profit Corporation, the Defendant, Case No. 8:16-cv-03532-SCB-TGW (M.D. Fla.), the Plaintiffs ask the Court for an Order permitting and supervising notice to Defendant's current and former Route Sales Representatives who worked in Florida one or more weeks during the three years from the filing of the Complaint to the present and who are similarly situated of their "opt-in" rights. This is an action alleging overtime violations under the Fair Labor Standards Act of 1938. The Act at section 216(b) authorizes employees to bring an action under the Act on behalf of themselves and others similarly situated. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=LY5zWgi4 The Plaintiffs are represented by: Jay P. Lechner, Esq. Jason M. Melton, Esq. WHITTEL & MELTON, LLC One Progress Plaza 200 Central Avenue, No. 400 St. Petersburg, FL 33701 Telephone: (727) 822 1111 Facsimile: (727) 898 2001 E-mail: Pleadings@theFLlawfirm.com lechnerj@theFLlawfirm.com kmoran@theFLlawfirm.com RIVER LOUNGE: "Navarro" Seeks Overtime, Sues Over Missed Breaks ---------------------------------------------------------------- Carlos Navarro, on behalf of himself, FLSA Collective Plaintiffs and the Class, Plaintiff, v. River Lounge Inc. (d/b/a Mad River Bar & Grille), Michael Mastellone and John Durkin, Defendants, Case 1:17-cv-03552 (S.D.N.Y., May 11, 2017) seeks to recover unpaid overtime, unpaid minimum wages, liquidated damages, unpaid spread of hours premium, statutory penalties and attorneys' fees and costs under the Fair Labor Standards Act and New York Labor Law. Defendants operate "Mad River Bar & Grille" located at 1442 Third Avenue, New York, New York 10028 where Plaintiff was employed by the Defendants as a barback and porter. Navarro claims to be denied overtime pay, worked through breaks, had his tips withheld and did not receive wage statements. [BN] Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 30 East 39th Street, Second Floor New York, NY 10016 Tel: (212) 465-1188 Fax: (212) 465-1181 ROBERTSON COUNTY, TN: Class Certification Sought in "Cross" Suit ---------------------------------------------------------------- The Plaintiffs in the lawsuit styled Frankie Cross, et al. v. Robertson County, Tennessee, et al., Case No. 3:17-cv-00715 (M.D. Tenn.), file with the Court their claim under 42 U.S.C. 1983 with request for declaratory judgment, injunctive relief and class certification. The Plaintiffs are incarcerated at the Robertson County Detention Facility. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=EQUKy5HY ROYAL SEAS: "McCurley" Hits Telemarketing Calls via Auto-dialer --------------------------------------------------------------- John McCurley, individually and on behalf of all others similarly situated, Plaintiff, v. Royal Seas Cruises, Inc., Defendant., Case No. 3:17-cv-00986 (S.D. Cal., May 12, 2017), seeks treble damages, injunctive relief and any other relief for violation of the Telephone Consumer Protection Act. Defendant operates cruises and uses telemarketers to place calls to prospective customer. Plaintiff received such calls from Royal Seas placed from an auto-dialer, says the complaint. [BN] Plaintiffs are represented by: Joshua Swigart, Esq. Kevin Lemieux, Esq. HYDE AND SWIGART 2221 Camino Del Rio South, Suite 101 San Diego, CA 92108 Telephone: (619) 233-7770 Facsimile: (619) 297-1022 to 26 Email: Josh@westcoastlitigation.com kevin@westcoastlitigation.com SAGUARO LANDSCAPING: "Perez" Seeks Unpaid Wages, Overtime Pay ------------------------------------------------------------- Pete Perez, individually, and on behalf of all others similarly situated, Plaintiffs, v. Saguaro Landscaping and Pool Service, L.L.C., an Arizona Limited Liability Company, and Steve Mascorro and Susana Mascorro, a Married Couple, Defendants, Case No. 2:17- cv-01447, (D. Ariz., May 11, 2017), seeks unpaid wages, overtime, liquidated damages, interest, attorneys' fees and costs for violation of the Fair Labor Standards Act. Plaintiff worked as a foreman and technician for Defendant's landscaping business and was allegedly misclassified as an independent contractor. [BN] Plaintiff is represented by: Clifford P. Bendau II, Esq. Christopher J. Bendau, Esq. THE BENDAU LAW FIRM PLLC P.O. Box 97066 Phoenix, AZ 85060 Telephone: (480) 382-5176 Email: cliffordbendau@bendaulaw.com SALTOTO INC: Faces "Arriola" Suit in Southern Dist. of New York --------------------------------------------------------------- A class action lawsuit has been filed against Saltoto, Inc. The case is entitled as Rigoberto A. Arriola, individually and in behalf of all other persons similarly situated, the Plaintiff, v. Saltoto, Inc., jointly and severally, and Salvatore Inzerillo, jointly and severally, the Defendants, Case No. 1:17-cv-03898 (S.D.N.Y., May 23, 2017).[BN] The Plaintiff appears pro se. SCHURMAN RETAIL: "Sung" Sues Over Data Security Breach ------------------------------------------------------ Irene Sung, Kimberly Carboni, Annie Fulton, Cary Berger, Emmalyne Owens, Ruth Phelps and Christine Willetts, on behalf of themselves and all others similarly situated, Plaintiffs, v. Schurman Fine Papers d/b/a Schurman Retail Group, Defendant, Case No. 3:17-cv- 02760 (N.D. Cal., May 12, 2017) bring claims for negligence, breach of contract, violations of the Unfair Competition Law, and for violations of state security breach notification laws. Schurman Retail Group is headquartered at 500 Chadbourne Road, Fairfield, California 94534. The Company has approximately 450 retail stores nationwide, including under the brand name Papyrus. On January 18, 2017, a cybercriminal posing as the Chief Financial Officer of Schurman sent an email asking for the IRS Form W-2 for all employees. W-2 contains sensitive and personal identifying information, including name, address, salary and social security number of the employee. To date, a number of current and former Schurman employees have experienced identity theft. [BN] Plaintiff is represented by: Rosemary M. Rivas, Esq. Quentin A. Roberts, Esq. LEVI & KORSINSKY LLP 44 Montgomery Street, Suite 650 San Francisco, CA 94104 Telephone: (415) 291-2420 Facsimile: (415) 484-1294 Email: rrivas@zlk.com qroberts@zlk.com - and - Gayle M. Blatt, Esq. CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD LLP 110 Laurel Street San Diego, CA 92101 Telephone: (619) 238-1811 Facsimile: (619) 544-9232 Email: gmb@cglaw.com SCI DIRECT: "Strache" Sues Over Unsolicited Telemarketing Calls --------------------------------------------------------------- KELLY STRACHE, on behalf of herself and all others similarly situated, the Plaintiff, v. SCI DIRECT, INC. d/b/a NEPTUNE SOCIETY, the Defendant, Case No. 2017-CH-07421 (Ill. Cir. Ct., May 24, 2017), seeks to recover award of injunctive and other equitable relief as necessary to protect the interests of the Class, including, inter alia, an order prohibiting Defendant from engaging in the wrongful and unlawful acts. The case is action arises out of Defendant's practice of placing telemarketing calls to individuals in the absence of any "do not call" policy or training, in violation of the Telephone Consumer Protection Act (TCPA). Because Defendant has failed to implement these mandated policies and procedures, Defendant has made it difficult for persons such as Plaintiff to stop Defendant's calls once they begin. Despite asking Defendant to stop calling on numerous occasions, Defendant continued to place telemarketing calls to Plaintiff Strache's cellular telephone. Yet because of Defendant's lack of written policy or training, these requests were neither honored nor documented. Plaintiff Strache is not alone. An internet search reveals dozens of reports of unsolicited and unstoppable calls from Defendant. All of these telephone calls were made in an effort to convince Plaintiff to purchase services from Defendant, making them telemarketing. Accordingly, Plaintiff brings this TCPA action on behalf of herself and a proposed class of similarly situated individuals for claims under TCPA. SCI Direct is a new division of Service Corporation International that is responsible for all direct cremation sales and services in North America.[BN] The Plaintiff is represented by: Jeffrey Grant Brown, Esq. JEFFREY GRANT BROWN, P.C. 221 North LaSalle Street, Suite 1414 Chicago, IL 60601 Telephone: (312) 789 9700 E-mail: Jeff@JGBrownlaw.com - and - Jeremy M. Glapion, Esq. THE GLAPION LAW FIRM, LLC 1704 Maxwell Drive Wall, NJ 07719 Telephone: (732) 455 9737 E-mail: img@glapionlaw.com SECURE ONE: Faces "Israni" Suit in Central Dist. of California -------------------------------------------------------------- A class action lawsuit has been filed against Secure One Capital Corporation. The case is captioned as CHARI ISRANI, Individually and On Behalf of All Others Similarly Situated, the Plaintiff, v. SECURE ONE CAPITAL CORPORATION, the Defendant, Case No. 8:17-cv- 00895 (C.D. Cal., May 23, 2017). Secure One is a direct mortgage lender since 1995.[BN] The Plaintiff is represented by: Nicholas J Bontrager, Esq. MARTIN AND BONTRAGER APC 6464 West Sunset Boulevard Suite 960 Los Angeles, CA 90028 Telephone: (323) 940 1700 Facsimile: (323) 328 8095 E-mail: nick@mblawapc.com SFPP RIGHT-OF-WAY CLAIMS: Court Denies Class Certification ---------------------------------------------------------- In the lawsuit re: SFPP Right-of-Way Claims, Case No. 8:15-cv- 00718-JVS-DFM (C.D. Cal.), the Hon. Judge James V. Selna entered an order: 1. denying Plaintiff's motion for class certification of; "[a]ll landowners who, from January 1, 1983 to the date of class certification, own or have owned land in fee adjoining and underlying the railroad right-of-way granted under the Land Grants, or through condemnation, under which the pipeline is located within the State of California"; 2. denying Plaintiff's motion to strike expert Kelly Melle response to opposition to motion; 3. denying Defendant Union Pacific Railroad Company's motion to Exclude Cindi Straup; and 4. granting Kinder Morgan Defendants' Motion to exclude Expert C. David Matthews. The Court said, "Plaintiffs argued that an individualized inquiry flips the burden onto them and renders the presumption meaningless for class certification. But there is no special centerline presumption for class-certification purposes: class certification neither changes the requirement that a conveyance designate the right-of-way as a boundary, nor does it alter the presumption's rebuttable nature. In sum, the Court holds that Plaintiffs cannot use the centerline presumption to overcome the need for individualized inquiries". A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=Ue2DbAno SILVER BAY: "Schwartz" Finds Tricon Merger Deal Inadequate ---------------------------------------------------------- Marvin H. Schwartz, Individually and on behalf of all others similarly situated, Plaintiff, v. Silver Bay Realty Trust Corp., Irvin R. Kessler, Thomas W. Brock, Tanuja M. Dehne, Stephen G. Kasnet, Thomas E. Siering, Daryl J. Carter, W. Reid Sanders, Mark Weld, Silver Bay Management LLC, Silver Bay Operating Partnership L.P., Tricon Capital Group Inc., TAH Acquisition Holdings LLC, and TAH Acquisition LP, Defendants, Case 0:17-cv-01571 (D. Minn., May 11, 2017) seeks to preliminarily and permanently enjoin Defendants from proceeding with, consummating or closing the merger of Silver Bay with Tricon Capital Group. The suit further seeks rescissory damages in case it pushes through, costs of this action, including reasonable allowance for plaintiff's and experts' fees, and such other and further relief under the Securities and Exchange Act. Silver Bay focuses on the acquisition, renovation, leasing, and management of single-family properties for rental income and long- term capital appreciation. It generates virtually all of its revenue by leasing its portfolio of single-family properties. On February 27, 2017, it was announced that Silver Bay Realty Trust Corp. will be acquired by Tricon Capital Group Inc. and its affiliates for $21.50 per share in cash. Schwartz, a Silver Bay shareholder, claims that said amount is inadequate considering Silver Bay's undisclosed financial projections for fiscal years 2017 through 2019. [BN] Plaintiff is represented by: Garrett D. Blanchfield, Esq. Brant D. Penney, Esq. REINHARDT WENDORF & BLANCHFIELD E1250 First National Bank Bldg. 332 Minnesota Street St. Paul, MN 55101 Telephone: (651) 287-2100 Facsimile: (651) 287-2103 Email: g.blanchfield@rwblawfirm.com b.penney@rwblawfirm.com - and - David T. Wissbroecker, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Tel: (619) 231-1058 - and - Frank J. Johnson, Esq. JOHNSON & WEAVER, LLP 600 West Broadway, Suite 1540 San Diego, CA 92101 Telephone: (619) 230-0063 Fax: (619) 255-1856 Email: frankj@johnsonweaver.com - and - W. Scott Holleman, Esq. JOHNSON & WEAVER, LLP 99 Madison Avenue, 5th Floor New York, NY 10016 Telephone: (212) 802-1486 Fax: (212) 602-1592 Email: scotth@johnsonweaver.com SOUTH CAROLINA: Mental Health Commission Faces Class Suit --------------------------------------------------------- A class action lawsuit has been filed against the South Carolina Mental Health Commission. The case is captioned as AW, WL, RC, MJ, CM, and HH, on behalf of themselves and all others similarly situated, and Protection and Advocacy for People with Disabilities Inc., a South Carolina non-profit corporation, the Plaintiffs. v. John H Magill, in his official capacity as the Director of the South Carolina Department of Mental Health; South Carolina Department of Mental Health; and South Carolina Mental Health Commission, the Defendants, Case No. 2:17-cv-01346-RMG (D.S.C., May 24, 2017). The case is assigned to the Hon. Judge Richard M Gergel. The SC Mental Health Commission is the governing body of the SC Department of Mental Health and has jurisdiction over the state's public mental health system. Its seven members are appointed for five-year terms by the governor with advice and consent of the Senate.[BN] The Plaintiffs are represented by: Dana Woodrum Lang, Esq. Kathryn Susan Mansfield, Esq. Sean Houseal, Esq. WOMBLE CARLYLE SANDRIDGE AND RICE LLP 5 Exchange Street Charleston, SC 29401 Telephone: (843) 722 3400 E-mail: dlang@wcsr.com kathryn.mansfield@wcsr.com shouseal@wcsr.com - and - Sarah Garland St Onge, Esq. Thornwell Simons, Esq. PROTECTION AND ADVOCACY FOR PEOPLE WITH DISABILITIES 3710 Landmark Drive, Suite 208 Columbia, SC 29204 Telephone: (803) 217 6706 E-mail: stonge@pandasc.org simons@protectionandadvocacy-sc.org SPECTRUM SOFTWARE: Comprehensive Health Seeks Class Certification ----------------------------------------------------------------- The Plaintiff in the lawsuit styled COMPREHENSIVE HEALTH CARE SYSTEMS OF THE PALM BEACHES, INC., a Florida corporation, individually and as the representative of a class of similarly- situated persons v. SPECTRUM SOFTWARE SOLUTIONS, INC., Case No. 9:17-cv-80559-DMM (S.D. Fla.), moves for entry of an order certifying this class: Each person or entity that was sent one or more telephone facsimile messages ("faxes") about medical transcription software and services, medical office management software, or electronic health record software available from www.spectramedi.com, www.imedware.com or www.hiarcehr.com. The case involves common fact questions about the Defendant's fax campaign and common legal questions under the Telephone Consumer Protection Act. Comprehensive Health contends that it files the Motion soon after the filing of its class action complaint in order to avoid an attempt by the Defendant to moot its individual claims in the class action. However, Comprehensive Health asserts, in this case, additional discovery is necessary for the Court to determine whether to certify the class the Plaintiff seeks to represent. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=lMYRTlJZ The Plaintiff is represented by: Phillip A. Bock, Esq. BOCK, HATCH, LEWIS & OPPENHEIM, LLC 134 N. La Salle St., Suite 1000 Chicago, IL 60602 Telephone: (312) 658-5500 Facsimile: (312) 658-5555 E-mail: phil@classlawyers.com SPOTIFY USA: Ingalls et al. Seek to Certify Class & Subclass ------------------------------------------------------------ In the lawsuit styled GREGORY INGALLS and TONY HONG, individually and on behalf of all others similarly situated, the Plaintiffs, v. SPOTIFY USA, INC., a Delaware corporation; and DOES 1 - 10, inclusive, the Defendants, Case No. 3:16-cv-03533-WHA (N.D. Cal.), the Plaintiff will move the Court on June 29, 2017 at 8:00 a.m. in the Courtroom of the Hon. Judge William Alsup to enter an order: 1. certifying a class of: "all natural persons in California who, since June 23, 2012, signed up for Spotify Premium on spotify.com through either a '3 months for a reduced price' or '30-day free trial' offer, selected a credit or debit card payment method, and whose credit or debit card was subsequently charged $9.99 after the expiration of the offer term"; and 2. certifying a subclass of: "all natural persons in California who, since June 23, 2012, signed up for Spotify Premium on spotify.com through either a '3 months for a reduced price' or '30-day free trial' offer, selected a credit or debit card payment method, and whose credit or debit card was subsequently charged $9.99 at least twice after the expiration of the offer term, who subsequently cancelled their subscription". Excluded from the Classes are: (a) all judges who preside over this case and their spouses; (b) all persons who elect to exclude themselves from the Class; (c) all persons who have previously executed and delivered to Defendant releases of all their claims for all of their Class claims; (d) all counsel for Plaintiff; and (e) Defendant's employees, officers, directors, agents, and representatives and their family members. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=5tJ5Cs92 The Plaintiff is represented by: Gillian L. Wade, Esq. Sara D. Avila, Esq. Marc A. Castaneda, Esq. MILSTEIN JACKSON FAIRCHILD & WADE, LLP 10250 Constellation Blvd., Suite 1400 Los Angeles, CA 90067 Telephone: (310) 396 9600 Facsimile: (310) 396 9635 E-mail: gwade@mjfwlaw.com savila@mjfwlaw.com mcastaneda@mjfwlaw.com - and - Derek J. Meyer, Esq. LEONARDMEYER LLP 5900 Wilshire Boulevard, Suite 500 Los Angeles, CA 90036 Telephone: (310) 220 0331 E-mail: rmeyer@leonardmeyerllp.com - and - M. Ryan Casey, Esq. THE CASEY LAW FIRM, LLC 20 NE Thompson Street Portland, OR 97212 Telephone: (503) 928-7611 E-mail: ryan@rcaseylaw.com SUFFOLK COUNTY, NY: Faces "Minerva" Suit in N.Y. State Court ------------------------------------------------------------ A class action lawsuit has been filed against Suffolk County. The case is styled as MINERVA, WILLIAM, RONALD BROCKMAN AND JOHN DOES 1-32 WHO WERE FORMERLY PARK POLICE UNIT AND ARE SIMILARLY SITUATED BUT NOT YET IDENTIFIED, the Plaintiff, v. SUFFOLK, COUNTY OF, the Defendant, Case No. 603976/2017 (N.Y. Sup. Ct., May 23, 2017). The case is assigned to the Hon. Joseph Farneti. Suffolk County is a suburban county on Long Island and the easternmost county in the U.S. state of New York.[BN] The Plaintiff is represented by: Christopher Ross, Esq. 178 East Main Street Patchogue, NY 11772 Telephone: (631) 654 5134 The Defendant is represented by: Dennis M. Brown, Esq. 100 Veterans Mem Hwy, Pob 6100 Hauppauge, NY 11788 Telephone: (631) 853 4049 SUPERIOR LABOR: "Pineda" Action Seeks Unpaid Overtime Pay --------------------------------------------------------- Juan Pineda, on behalf of himself and other persons similarly situated Plaintiffs, v. Superior Labor Services, Inc. and Conrad Industries, Inc., Defendants, Case No. 2:17-cv-04882 (E.D. La., May 11, 2017), seeks unpaid overtime wages, interest, liquidated damages, and attorneys' fees and costs for violation of the Fair Labor Standards Act. Conrad is in the business of boat construction and is the owner and/or operator of the shipyards at which Plaintiff was employed as a laborer to assist in the building and refurbishing of boats at multiple shipyard sites in Louisiana. [BN] Plaintiff is represented by: Roberto Luis Costales, Esq. Emily A. Westermeier, Esq. 3801 Canal Street, Suite 207 New Orleans, LA 70119 Louisiana Bar #33696 Telephone: (504) 534-5005 Facsimile: (504) 272-2956 Email: costaleslawoffice@gmail.com emily.costaleslawoffice@gmail.com - and - William H. Beaumont, Esq. 3801 Canal Street, Suite 207 New Orleans, LA 70119 Telephone: (504) 483-8008 Email: whbeaumont@gmail.com SWIFT TRANSPORTATION: Court Won't Certify Class in "Mares" Suit --------------------------------------------------------------- In the lawsuit entitled Sadashiv Mares, the Plaintiff, v. Swift Transportation Co. of Arizona, LLC et al., the Defendants, Case No. 2:15-cv-07920-VAP-KK (C.D. Cal.), the Hon. Judge Virginia A. Phillips entered an order denying a class of: "all California residents who (a) were employed by Defendants as truck drivers at any time on or after February 27, 2011, and (b) were paid on a piece rate basis." The Plaintiff alleges he and members of a putative class worked for Defendant, a trucking company, and were paid piece rate according to the number of miles they drove. The Plaintiff alleges Defendant failed to authorize and permit rest periods in accordance with section 226.7 of the California Labor Code. Accordingly, given the extent of the "likely difficulties in managing" this putative class action, the Court finds a class action would not be the superior method of adjudicating the putative class's claims. As Plaintiff has not met Rule 23(b)(3)'s requirements, the Court declines to certify Plaintiff's proposed class. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=T8mQrPnM TRANS WORLD: "Roper" Suit Seeks to Recover Unpaid Overtime ---------------------------------------------------------- Natasha Roper, individually and on behalf of all others similarly situated v. Trans World Entertainment Corporation and Record Town, Inc., Case No. 1:17-cv-00553-TJM-CFH (N.D.N.Y., May 19, 2017), seeks to recover unpaid overtime compensation and damages pursuant to the Fair Labor Standards Act. The Defendants operate approximately 300 F.Y.E retail stores in the United States, selling entertainment and pop culture merchandise. [BN] The Plaintiff is represented by: Michael J. Palitz, Esq. SHAVITZ LAW GROUP, P.A. 830 3rd Avenue, 5th Floor New York, NY 10022 Telephone: (800) 616-4000 Facsimile: (561) 447-8831 E-mail: mpalitz@shavitzlaw.com - and - Gregg I. Shavitz, Esq. SHAVITZ LAW GROUP, P.A. 1515 South Federal Highway, Suite 404 Boca Raton, FL 33432 Telephone: (561) 447-8888 Facsimile: (561) 447-8831 E-mail: gshavitz@shavitzlaw.com TRANSAMERICA LIFE: "Gordon" Suit Seeks Certification of Classes --------------------------------------------------------------- In the lawsuit styled GORDON AND MARY FELLER, et al., the Plaintiffs, v. TRANSAMERICA LIFE INSURANCE COMPANY, the Defendant, Case No. 2:16-cv-01378-CAS-AJW (C.D. Cal.), the Plaintiffs will move the Court on August 7, 2017, at 10:00 a.m., for an order to certify following classes: National Class: "all persons who own an in-force Policy for which the MDR increase imposed by Transamerica beginning August 1, 2015, has resulted or will result in higher Monthly Deduction charges than those applicable under the rate schedule in effect before that date"; California Subclass: "all California residents who own an in-force Policy for which the MDR increase imposed by Transamerica beginning August 1, 2015, has resulted or will result in higher Monthly Deduction charges than those applicable under the rate schedule in effect before that date"; California Senior Subclass: "all California residents who own an in-force Policy for which the MDR increase imposed by Transamerica beginning August 1, 2015, has resulted or will result in higher Monthly Deduction charges than those applicable under the rate schedule in effect before that date, and who were age 65 or older when the MDR increase was imposed on them"; Excluded from the Classes are Transamerica, any parent, subsidiary, affiliate, or controlled person of Transamerica, as well as officers, directors, agents, servants or employees of Transamerica, and the immediate family member of any such person. Also excluded is any judge who may preside over this case. The Plaintiffs also move the Court for: 1. the appointment of Donna White, Gail Thompson and the Burton I. Schneck Irrevocable Life Insurance Trust dated Feb. 24, 1997 as class representatives of the National Class and for the appointment of Gail Thompson as the class representative for the California Subclass and the California Senior Subclass; and 2. the appointment of Andrew S. Friedman of Bonnett Fairbourn Friedman & Balint, PC, Harvey Rosenfield of Consumer Watchdog, and Adam M. Moskowitz of Kozyak Tropin & Throckmorton, LLP as Lead Counsel for the Classes and the following firms as additional class counsel: Shernoff Bidart Echeverria Bentley LLP; Barrack Rodos & Bacine; Emerson Scott, LLP; Johnson Vines PLLC; Patterson Law Group; Harke Clasby & Bushman, LLP; Merlin Law Group, PA; and, Searcy Denney Scarola Barnhart & Shipley, PA. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=DMeIixxd The Plaintiff is represented by: Andrew S. Friedman, Esq. Francis J. Balint, Jr., Esq. BONNETT, FAIRBOURN, FRIEDMAN & BALINT, PC 2325 East Camelback Road, Suite 300 Phoenix, AZ 85016 Telephone: (602) 274 1100 Facsimile: (602) 274 1199 E-mail: afriedman@bffb.com fbalint@bffb.com - and - Harvey Rosenfield, Esq. Jerry Flanagan, Esq. CONSUMER WATCHDOG 2701 Ocean Park Blvd., Suite 112 Santa Monica, CA 90405 Telephone: (310) 392 0522 Facsimile: (310) 392 8874 E-mail: Harvey@consumerwatchdog.org jerry@consumerwatchdog.org - and - Adam M. Moskowitz, Esq. Gail M. McQuilkin, Esq. KOZYAK TROPIN & THROCKMORTON Robert J. Neary, Esq. Rachel Sullivan, Esq. Tal J. Lifshitz, Esq. 2525 Ponce de Leon Blvd., 9th Floor Coral Gables, FL 33134 Telephone: (305) 372 1800 Facsimile: (305) 372 3508 E-mail: amm@kttlaw.com gam@kttlaw.com rn@kttlaw.com rs@kttlaw.com tjl@kttlaw.com - and - William M. Shernoff, Esq. Travis M. Corby, Esq. SHERNOFF BIDART ECHEVERRIA BENTLEY LLP 301 N. Ca§on Drive, Suite 200 Beverly Hills, CA 90210 Telephone: (310) 246 0503 Facsimile: (310) 246 0380 E-mail: wshernoff@shernoff.com tcorby@shernoff.com - and - Stephen R. Basser, Esq. Mark R. Rosen, Esq. Samuel M. Ward, Esq. BARRACK, RODOS & BACINE One America Plaza 600 West Broadway, Suite 900 San Diego, CA 92101 Telephone: (619) 230 0800 Facsimile: (619) 230 1874 E-mail: sbasser@barrack.com sward@barrack.com mrosen@barrack.com - and - John G. Emerson, Esq. David G. Scott, Esq. EMERSON SCOTT, LLP 830 Apollo Lane Houston, TX 77058 Telephone: (281) 488 8854 Facsimile: (281) 488 8867 E-mail: jemerson@emersonfirm.com dscott@emersonfirm.com - and - Christopher D. Jennings, Esq. JOHNSON VINES PLLC 2226 Cottondale Lane, Suite 210 Little Rock, AR 72202 Telephone: (501) 372 1300 Facsimile: (888) 505 0909 E-mail: cjennings@johnsonvines.com - and - James R. Patterson, Esq. Allison H. Goddard, Esq. Catherine S. Wicker, Esq. PATTERSON LAW GROUP 402 West Broadway, 29th Floor San Diego, CA 92101 Telephone: (619) 756 6990 Facsimile: (619) 756 6991 E-mail: jim@pattersonlawgroup.com ali@pattersonlawgroup.com catherine@pattersonlawgroup.com - and - Lance A. Harke, Esq. Howard M. Bushman, Esq. HARKE CLASBY & BUSHMAN LLP 9699 NE Second Avenue Miami Shores, FL 33138 Telephone: (305) 536 8220 Facsimile: (305) 536 8229 E-mail: lharke@harkeclasby.com hbushman@harkeclasby.com - and - Chip Merlin, Esq. Denise H. Sze, Esq. MERLIN LAW GROUP, P.A. 777 S. Harbour Island Blvd., Suite 950 Tampa, FL 33602 Telephone: (813) 229 1000 Facsimile: (813) 229 3692 E-mail: cmerlin@merlinlawgroup.com deniseszelaw@gmail.com - and - Jack Scarola, Esq. SEARCY DENNEY SCAROLA BARNHART & SHIPLEY PA 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 Telephone: (561) 686 6300 Facsimile: (561) 383 9451 E-mail: jsx@searcylaw.com TRUSTCO BANK: "Dejkunchorn" Suit Seeks Certification of Class ------------------------------------------------------------- In the lawsuit captioned CHRISTINA DEJKUNCHORN, JESSICA SAMUEL, TIA COLLINS and VINCENT JOHNSTON, the Plaintiffs, v. TRUSTCO BANK, the Defendant, Case No. 6:16-cv-02171-GAP-KRS (M.D. Fla.), the Plaintiffs move the Court to: 1. conditionally certify a class; 2. implement a procedure whereby Court-approved Notice of Plaintiffs' Fair Labor Standards Act (FLSA) claim is delivered (via US Mail and e-mail to): "all former or current employees who, were/are employed by Trustco Bank and who were/are required to perform "opening procesures" prior to commencing their paid shift and/or were required to perform "closing procedures" after their paid shift was concluded"; "all former or current employees who, were/are employed by Trustco Bank and who were/are required to utilize their lunch break for the purpose of travelling between branches of Trustco Bank"; "all former or current employees who, were/are employed by Trustco Bank and who were/are required to work through their lunch breaks; and "all former or current employees who, were/are employed by Trustco Bank and whose time records were manipulated by Trustco Bank to prevent those employees from accruing overtime hours; and 3. require Defendant to identify all potential opt-in employees by providing a list in written and electronic format, of all current and former employees in the foregoing class who worked for Defendant at any time during the previous three years. The Plaintiffs seek to recover unpaid overtime wages and damages pursuant to the FLSA. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=1s13Mzl0 The Plaintiffs are represented by: David H. Charlip, Esq. CHARLIP LAW GROUP, LC 11900 Biscayne Blvd., Suite 200 North Miami, FL 33181 E-mail: dcharlip@charliplawgroup.com - and - Ortavia D. Simson, Esq. SIMON LAW GROUP, PA 13790 Bridgewater Crossings Blvd., No. 1080 Windermere, FL 34786 Telephone: (407) 622 5090 Facsimile: (407) 583 4185 E-mail: simonlawg@gmail.com The Defendant is represented by: Jeffrey R. Jontz, Esq. Eric B. Jontz, Esq. SWAN, HADLEY, STUMP, DIETRICH & SPEARS, P.A. PO Box 1961 Winter Park, FL 32790 Telephone: (407) 647 2777 Facsimile: (407) 647 2157 E-mail: jjontz@swannhadley.com U.S. BANK: Dolegiewicz Sues Over Force-Placed Insurance Policies ---------------------------------------------------------------- MARIUSZ DOLEGIEWICZ, individually, and on behalf of all others similarly situated, the Plaintiff, v. U.S. BANK TRUST, N.A., as Trustee for LSF9Master Participation Trust, and CALIBER HOME LOANS, INC., a Delaware Corporation, the Defendants, Case No. 2017CH07405 (Ill. Cir. Ct., May 24, 2017), seeks to recover statutory damages, attorney's fees and costs as a direct and proximate result of Caliber's and Trustee's failure to comply with the Truth in Lending Act (TILA) and Regulation. Dolegiewicz brings this Complaint against Caliber and Trustee on behalf of himself and a Class of similarly situated individuals who had insurance policies force-placed on their mortgage agreements and/or who were charged for property inspections that did not occur. Caliber and Trustee force-placed insurance policies on Dolegiewicz's and Class members' mortgage agreements in excess of what was reasonable and appropriate to protect Caliber's and Trustee's interest in Dolegiewicz's and Class members' properties. After force-placing insurance policies on Dolegiewicz's and Class members' mortgage agreements, Caliber received kickbacks, which include but are not limited to: unearned "commissions" for work purportedly performed to procure individual policies, "expense reimbursements" allegedly paid to reimburse Caliber for expenses incurred in the placement of force-placed insurance policies, payments of illusory reinsurance premiums that carry no commensurate transfer of risk, and property inspection fees for property inspections that were neither performed nor intended to be performed. U.S. Bank Trust offers financial services.[BN] The Plaintiff is represented by: Thomas A. Zimmerman, Esq. Sharon A. Harris, Esq. Matthew C. De Re, Esq. Nickolas J. Hagman, Esq. Maebetty Kirby, Esq. ZIMMERMAN LAW OFFICES, P.C. 77 W. Washington Street, Suite 1220 Chicago, IL 60602 Telephone: (312) 440 0020 Facsimile: (312) 440 4180 E-mail: tom@attorneyzim.com sharon@attorneyzim.com matt@attorneyzim.com nick@attorneyzim.com maebetty@attorneyzim.com - and - Arthur C. Czaja, Esq. THE LAW OFFICES OF ARTHUR C. CZAJA & ASSOCIATES 7521 N. Milwaukee Avenue Niles, Illinois 60714 Telephone: (847) 647 2106 Facsimile: (847) 647 2057 E-mail: arthur@czajalawoffices.com UNION PACIFIC: Cert. Bid in Right-of-Way Suit Under Submission -------------------------------------------------------------- The Hon. James V. Selna has taken under submission certain motions pending in the lawsuit titled In re SFPP Right-of-Way Claims, Case No. 8:15-cv-00718-JVS-DFM (C.D. Cal.). The motions are: -- Plaintiff's Motion for Class Certification (filed January 30, 2017); -- Defendant Union Pacific Railroad Company's Motion to Exclude Cindi Straup (filed March 13, 2017) (Joinder by Kinder Morgan Defendants); -- Kinder Morgan Defendants' Motion to Exclude Expert C. David Matthews (filed March 13, 2017) (Joinder by Union Pacific Railroad); and -- Plaintiff's Motion to Strike Expert Kelly Melle Response to Opposition to Motion (filed April 3, 2017). According to the civil minutes, cause was called and counsel made their appearances. The Court's tentative ruling was issued and counsel made their arguments. A copy of the Civil Minutes is available at no charge at http://d.classactionreporternewsletter.com/u?f=drBiRG5H The Plaintiffs are represented by: Norman Siegel, Esq. Barrett Vahle, Esq. STUEVE SIEGEL HANSON LLP 460 Nichols Road, Suite 200 Kansas City, MO 64112 Telephone: (816) 714-7112 E-mail: siegel@stuevesiegel.com vahle@stuevesiegel.com - and - Thomas S. Stewart, Esq. STEWART WALD & MCCULLEY LLC 2100 Central, Suite 22 Kansas City, MO 64108 Telephone: (816) 303-1500 Facsimile: (816) 527-8068 E-mail: stewart@swm.legal - and - Albert Y. Chang, Esq. BOTTINI & BOTTINI, INC. 7817 Ivanhoe Avenue, Suite 102 La Jolla, CA 92037 Telephone: (858) 914-2001 Facsimile: (858) 914-2002 E-mail: achang@bottinilaw.com Defendant Union Pacific Railroad Company is represented by: John K. Sherk III, Esq. Tammy B. Webb, Esq. SHOOK, HARDY & BACON L.L.P. One Montgomery, Suite 2700 San Francisco, CA 94104 Telephone: (415) 544-1900 Facsimile: (415) 391-0281 E-mail: jsherk@shb.com tbwebb@shb.com Defendants Kinder Morgan G.P., Inc., Kinder Morgan Operating L.P. "D", and SFPP, L.P., are represented by: M. Ray Hartman III, Esq. Steven M. Strauss, Esq. COOLEY LLP 4401 Eastgate Mall San Diego, CA 92121 Telephone: (858) 550-6001 Facsimile: (858) 550-6420 E-mail: rhartman@cooley.com sms@cooley.com VERITY HEALTHSYSTEM: Faces "Johns" Suit Over Security Breach ------------------------------------------------------------ Jarmaine Johns as an individual and on behalf of all others similarly situated v. Verity Healthsystem of California, Inc., Case No. 17cv02216 (Cal. Super. Ct., May 19, 2017), is an action for damages that arose from the data security breach by which unauthorized individuals accessed and publicized names and addresses, Social Security numbers, employment records including salary history; human resources records, medical information, and financial information, the "personally identifiable information" or "PII" of Verity's current and former employees from 2015 to the present. Verity Healthsystem of California, Inc. owns and operates hospitals and medical foundation in Northern and Southern California. [BN] The Plaintiff is represented by: Kevin Mahoney, Esq. Treana L. Allen, Esq. MAHONEY LAW GROUP, APC 249 E. Ocean Blvd., Ste. 814 Long Beach, CA 90802 Telephone: (562) 590-5550 Facsimile: (562) 590-8400 E-mail: kmahoney@mahoney.law.net tallen@mahoney.law.net W BBQ: Faces "Walker" Suit in Eastern District of New York ---------------------------------------------------------- A class action lawsuit has been filed against W BBQ Holdings, Inc. The case is captioned as Ricardo Walker, on behalf of himself and all others similarly situated, the Plaintiff, v. W BBQ Holdings, Inc., the Defendant, Case No. 2:17-cv-03107 (E.D.N.Y., May 23, 2017).[BN] The Plaintiff is represented by: C.K. Lee, Esq. LEE LITIGATION GROUP, PLLC 30 East 39th Street, 2nd floor New York, NY 10016 Telephone: (212) 465 1188 Facsimile: (212) 465 1181 E-mail: cklee@leelitigation.com WARREN, MI: Court Certifies Two Classes in NILI Suit ---------------------------------------------------- In the lawsuit styled NILI 2011, LLC; EETBL, LLC, and INVESTMENT REALTY SERVICES, LLC D/B/A SBYC GARNER, LLC, the Plaintiffs, v. THE CITY OF WARREN, the Defendant, Case No. 2:15-cv-13392-GAD-RSW (E.D. Mich.), the Hon. Judge Gershwin A. Drain entered an order granting, in part, Plaintiff's motion to certify class. Class One and Class Three are certified: "all persons and entities that currently own or at one time owned any parcel of real property located within the City of Warren for the purpose of renting or leasing a residential structure or multiple family unit on that property who or which has been issued a civil infraction for failing to obtain a certificate of compliance and subsequently paid them, stemming from an inspection under the IPMC and the City Code, at any time since September 28, 2009 and through the date of final judgment, or such longer amount of time as may be allowed by law (Class One)" ; and "all persons and entities who paid rental registration and inspection fees to the City of Warren pursuant to the ordinance permitting searches without a warrant (Class Three). The Court denied certification of Class Two, which consists of: "all persons and entities that currently own or at one time owned any parcel of real property in the City of Warren for the purpose of renting or leasing a residential structure or multiple family unit on that property, who or which have made repairs pursuant to a City of Warren International Property Maintenance Code of 2009 City Certification Inspection Report or other deficiency notice issued by the City of Warren without being provided with notice of the violation or their ability to appeal such determination to an impartial Board of Appeals (Class Two)". A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=tWBCj9Yr WESTERN DENTAL: "King" Sues Over Unauthorized Account Debiting -------------------------------------------------------------- Renata King, individually and on behalf of all others similarly situated, Plaintiff, v. Western Dental Services, Inc., and Does 1- 10, inclusive, Defendant, Case No. 2:17-cv-03622 (C.D. Cal., May 14, 2017), seeks injunctive relief, statutory damages, treble damages and all other relief for violation of the Electronic Funds Transfer Act, the Rosenthal Fair Debt Collection Practices Act and the Telephone Consumer Protection Act. Defendants debited Plaintiff's bank accounts on a recurring basis without obtaining a written authorization signed or similarly authenticated for preauthorized electronic fund transfers, says the complaint. The Defendants also used an automatic telephone dialing system in connection with collection on alleged debts without the call recipient's prior express consent. Western Dental Services, Inc. provides dental care services that Plaintiff allegedly owes. [BN] Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. Meghan E. George, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St., Suite 780 Woodland Hills, CA 91367 Phone: (877) 206-4741 Fax: 866-633-0228 Email: tfriedman@toddflaw.com abacon@toddflaw.com mgeorge@toddflaw.com WORLD SERVICE: "Umana" Sues Over Wage & Hour Laws Violations ------------------------------------------------------------ YENY UMANA, on behalf of herself and all others similarly situated, the Plaintiff, v. WORLD SERVICE WEST / LA INFLIGHT SERVICE COMPANY, LLC, a California limited liability company; and DOES 1 through 100, Inclusive, the Defendant, Case No. BC662542 (Cal. Super. Ct., May 24, 2017), seeks to recover overtime and minimum wages, premium wages for missed meal and rest periods, penalties, and reasonable attorneys' fees and costs under California Labor Code. According to the complaint, the Defendants have had a consistent policy of failing to pay wages, including overtime wages; failing to provide 30 minute uninterrupted meal period for days on which the employees worked more than five hours in a workday and a second 30 minute uninterrupted meal periods for days on which the employees worked in excess of 10 hours in a work day, and failing to provide compensation for such unprovided meal periods; and failing to provide rest periods of at least 10 minutes per four hours worked or major fraction and failing to provide compensation for such unprovided rest periods. World Service West was founded in 1988. The Company's line of business includes operating and maintaining airports and flying fields.[BN] The Plaintiff is represented by: Michael Nourmand, Esq. James A. De Sario, Esq. THE NOURMAND LAW FIRM, APC 8822 West Olympic Boulevard Beverly Hills, CA 90211 Telephone (310) 553 3600 Facsimile (310) 553 3603 YAHOO! INC: "Wahl" Suit Removed to N.D. Cal. -------------------------------------------- The case captioned Andrew Wahl, an individual, on behalf of himself and all others similarly situated, Plaintiff, v. Yahoo! Inc., a Delaware corporation and Does 1 through 10, inclusive, Defendants, Case No. 17-CV-308083 (Cal. Super., March 31, 2017), was removed to the United States District Court for the Northern District of California on May 12, 2017, under Case No. 5:17-cv- 02745. Plaintiff purchased subscriptions from Defendant Yahoo! Inc. dba Rivals.com, whose credit card was charged on a recurring basis by Defendant, as part of an automatic renewal plan or continuous service offer in violation of California's Unfair Competition Law of the California Business and Professions Code. [BN] Plaintiff is represented by: Darius Ogloza, Esq. David Fortney, Esq. Micah Nash, Esq. Josephine Lee, Esq. OGLOZA FORTNEY LLP 535 Pacific Avenue, Suite 201 San Francisco, CA 94133 Email: dogloza@oglozafortney.com dfortney@oglozafortney.com mnash@oglozafortney.com jlee@oglozafortney.com Defendant is represented by: Matthew S. Kahn, Esq. Peter C. Squeri, Esq. GIBSON, DUNN & CRUTCHER LLP 555 Mission Street, Suite 3000 San Francisco, CA 94105-0921 Telephone: (415) 393-8200 Facsimile: (415) 393-8306 Email: mkahn@gibsondunn.com psqueri@gibsondunn.com - and - Perlette Michäle Jura, Esq. Timothy W. Loose, Esq. 333 South Grand Avenue Los Angeles, CA 90071-3197 Telephone: (213) 229-7000 Facsimile: (213) 229-7520 Email: pjura@gibsondunn.com tloose@gibsondunn.com YES HOSPITALITY: "Schrank" Suit Moved to S.D. Florida ----------------------------------------------------- The class action lawsuit titled Benjamin Schrank, on behalf of himself and similarly situated employees, the Plaintiff, v. Yes Hospitality, LLC, a Florida limited liability company; Yes Dream, LLC, a Florida limited liability company; and Ralph Pagano, an individual, Case No. 17-06048 CA 01, was removed on May 24, 2017 from the 11th Judicial Circuit of Florida, to the U.S. District Court for the Southern District of Florida (Miami). The District Court Clerk assigned Case No. 1:17-cv-21941-KMW to the proceeding. The Case is assigned to the Hon. Judge Kathleen M. Williams. Yes Hospitality is in the hotel or motel management business.[BN] The Plaintiff is represented by: Brody Max Shulman, Esq. Jason Saul Remer, Esq. REMER & GEORGES-PIERRE, PLLC Courthouse Tower 44 West Flagler Street, Suite 2200 Miami, FL 33130 Telephone: (305) 416 5000 Facsimile: (305) 416 5005 E-mail: bshulman@rgpattorneys.com jremer@rgpattorneys.com The Defendants are represented by: Michael Joseph Sacks, Esq. MICHAEL J. SACKS 7210 Wisteria Avenue Parkland, FL 33076 Telephone: (954) 575 8691 E-mail: msacks@bellsouth.net ZILLOW INC: Accused of Wrongful Conduct Over Property Listing ------------------------------------------------------------- Vipul B. Patel, individually, Bhasker T. Patel, as co-Trustee of the Jyotsna B. Patel Living Trust dated March 9, 2001, Jyotsna B. Patel, as co-Trustee of the Jyotsna B. Patel Living Trust dated March 9, 2001, and Castle Bldrs.com, Inc., individually and on behalf of others similarly situated v. Zillow, Inc. and Zillow Group, Inc., filed in Illinois Circuit Court on May 19, 2017, is an action for damages as a result of the Defendants' wrongful conduct in listing homes and other real estate assets on their site with a "Zestimate" as to the homes' value. The plaintiff says this constitutes a violation of the Real Estate Appraiser Licensing Act. Gathering financial/appraisal information relative to the Plaintiffs' and the Class' real property assets, compiling Plaintiffs' and the Class' financial/appraisal information, and publicly disseminating financial/appraisal opinions relative to Plaintiffs' and the Class' real property violates the tort of invasion of seclusion, says the complaint. Attempting to market the Plaintiffs and the Class through their website and their marketing practices contained, including but not limited to (1) the "Zestimate" tool in itself; (2) their taking financial advantage of the confusion caused by (3) their lack of disclosures on several topics; and/or (4) their "Zestimate"; collection, compilation and public dissemination of financial/appraisal opinions relative to the Plaintiffs' and the Class' property constitutes a violation of the Uniform Deceptive Trade Practices Act and the Illinois Consumer Fraud Act, it adds. The Defendants own and operate an online real estate database company at 208 S. LaSalle St., Suite 814, Chicago, IL 60604. [BN] The Plaintiff is represented by: Barbara Andersen, Esq. ANDERSEN LAW LLC 2862 Commons Drive Glenview, IL 60026 Telephone: (708) 805-1123 E-mail: bandersen@andersen-law.com - and - C. Jeffrey Thut, Esq. NOONAN PERILLO & THUT LTD. 25 North County Street Waukegan, IL 60085 Telephone: (847) 244-0111 E-mail: jthut@npt-law.com ZODIAC SERVICES: "Uribe" Suit Seeks Unpaid Wages Under Labor Code ----------------------------------------------------------------- JOSE URIBE, on behalf of himself and others similarly situated, the Plaintiff, v. ZODIAC SERVICES AMERICAS LLC; ZODIAC AEROSPACE; and DOES 1 to 100, Inclusive, the Defendant, Case No. BC662712 (Cal. Super. Ct., May 24, 2017), seeks to recover unpaid wages and interest for unpaid wages for all hours worked at minimum wage and overtime hours worked at the overtime rate of pay under California Labor Code. According to the complaint, the Defendant has a policy, practice, and/or procedure of rounding down or shaving down employees' daily hours worked to the nearest quarter of an hour; and automatically deducting 30 minutes from employees' daily hours worked for first meal periods. The Defendant also failed to authorize or permit a first meal period prior to the employee's sixth hour of work; failed to authorize or permit second meal periods; failed to authorize or permit third rest periods; and failed to provide accurate wage statements. Zodiac Services Americas LLC operates as a manufacturer and distributor of aircraft and automotive parts and equipment.[BN] The Plaintiff is represented by: Joseph Lavi, Esq. Vincent C. Granberry, Esq. Vanessa Kamau, Esq. LAVI & EBRAHIMIAN, LLP 8889 W. 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