/raid1/www/Hosts/bankrupt/CAR_Public/170706.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, July 6, 2017, Vol. 19, No. 132
Headlines
1ST TEXAS HOME: "Jordan" Seeks Unpaid Overtime Wages
560 THIRD: "Grullon" Suit Seeks to Recover Unpaid Wages
ABM INDUSTRIES: $110-Mil. Settlement of "Augustus" Suit Pending
ABM INDUSTRIES: Sept. 7 Final Fairness Hearing in "Karapetyan"
ABM INDUSTRIES: Appeal from "Bucio" Class Cert. Bid Order Pending
ABM INDUSTRIES: Unit Still Defends Suits on Minimum Wage Issues
ALON USA: Teachers' Fund Sues for Breach of Fiduciary Duties
AMERICAN HONDA: Must Face "Gerstle" Suit over Car Battery Drain
AMERIGAS PROPANE: "Fracasse" Sues Over Missed Breaks, Overtime
ARAMARK CORRECTIONAL: Faces "Coll" Suit Over False Advertisements
ARCOS GROUP: GDO Contracting Claims Unpaid Services Due
ASCENA RETAIL: Justice Pricing Deal Final and Non-Appealable
ASCENA RETAIL: Aug. 7 Hearing Set for "Linares" Suit Settlement
BEHR PROCESS: "Richey" Sues Over Prematurely Flaking Paint
BELMONT VILLAGE: "Vitale" Suit Seeks to Recover Unpaid OT Wages
BLUE CROSS: Faces "Chaney" Suit over Outdoor Therapy
BODI SERVICES: "Johnson" Labor Suit Seeks Unpaid Overtime Wages
BOJANGLES' RESTAURANTS: Suit Seeks to Recover Unpaid Wages
BOOZ ALLEN: "Langley" Sues Over Share Price Drop
BROADCOM LTD: Class Suits over Brocade Acquisition Still Ongoing
BROADCOM LTD: Combined State Action on Broadcom Merger Dropped
BROADCOM LTD: Appeal from Dismissed Emulex Merger Suit Pending
BROADCOM LTD: Delaware Suit Over PLX Acquisition Underway
BRONX FORD: Does Not Properly Pay Employees, "Lopez" Suit Claims
CALIFORNIA COMMERCE: "Ramirez" Seeks Unpaid Overtime Wages
CENTURYLINK: Faces "Thummeti" Suit Over Misleading Fin'l Reports
CENTURYLINK INC: "Gonsior" Sues Over Unjust Service Charges
CITADEL GROUP: "Rodriguez" Action Seeks to Recover Overtime Pay
COMCAST CORP: "Wuest" Sues Over Recorded Phone Calls
CONCESIONARIA VUELA: Illegally Records Calls, "Kindt" Suit Claims
CORECIVIC OF TN: Accused of Denying Basic Healthcare by "Doe"
COVISINT CORP: Faces "Keuning" Over Proposed Sale to Open Text
CR BARD: Faces "Maser" Class Suit Over Proposed Becton Sale
CYNOSURE INC: Falsely Marketed Contouring Products, Suit Says
DATA RUSH: "Ahmed" Alleges Misclassification, Seeks Overtime Pay
DEEP ROOT: Faces "McAleer" Suit in Fla. Over Security Breach
DILLARDS INC: Faces "Zboril" Suit Over Failure to Pay Overtime
DISTRICT OF COLUMBIA: American Philosophical Seeks Tax Exemption
ENTERPRISE HOLDINGS: Sued Over Failure to Properly Pay Employees
EVERGREEN REAL: Faces Hanover Suit in Ill. Over RLTO Violation
FALL RIVER: Does Not Properly Pay Employees, "Pintor" Suit Claims
FARRELL'S LIMOUSINE: "Lee" Claims Overtime Pay, Reimbursements
FEDEX GROUND: "Jameson" Alleges Misclassification, Seeks OT Pay
FOODBRIDGE LLC: "Islam" Suit Seeks OT Pay, Withheld Tips
FRED'S INC: "Taylor" Class Lawsuit over FACTA Breaches Underway
FRED'S INC: "Wallace" Class Action Suit Still in Discovery Stage
GATHERAPP: Sent Unsolicited Text Messages, "Rehmet" Action Claims
GEICO GENERAL: Seeks Eleventh Circuit Review of Order in A&M Suit
GILMER LODGING: Fails to Pay Workers OT, "Klotz" Action Claims
GIRARDI-KEESE: Faces "Fair" Suit in Cal. Over Toxic Contamination
GLIDE RITE: "Garcia" Suit Seeks to Recover Unpaid Overtime Wages
GREAT AMERICAN: Overtime Pay Sought in "Giron" Labor Suit
HARRIS COUNTY: High Court Rejects Bid to Stop Release of Inmates
INT'L LONGSHOREMEN'S: Sued for Breach of Operating Agreement
INTERNATIONAL PAPER: To Settle Kleen Products Suit for $354M
JDF CONSTRUCTION: Faces "Garcia" Suit Over Failure to Pay OT
JETSMARTER INC: "Lamey" Suit Seeks to Recover Unpaid OT Wages
JEWELRY CHANNEL: Kabbash Appeals W.D. Texas Decision to 5th Cir.
KEN'S SPRAY: Sued Over Failure to Pay Minimum and Overtime Wages
LATARA ENTERPRISES: "Enriquez" Sues Over Missed Meal Breaks
MACY'S WEST: "Boyce" Sues for Unpaid Wages, Denied Breaks
MAG MOTORS: "Komitor" Seeks Proper Wages, Sues for Retaliation
MAINE: Residents Sue over Looming Government Shutdown
MAPLEWOOD, MO: Seeks 8th Cir. Review of Memo/Order in "Webb" Suit
MCDONALD'S CORP: Deslandes Sues over No-Poaching Franchise Policy
MEO JAPANESE: "Zai" Seeks Overtime, Spread-of-Hours Pay, Tips
MICHAEL HUERTA: "Reichert" Suit Seeks Refund of Registration Fee
MRS BPO LLC: "Guarasci" Disputes Illegal Collection Letter
NATIONWIDE LIFE: Faces "Schmitt" Suit over Asset-Based Fees
ORACLE CORPORATION: Sued in Cal. Over Gender Discrimination
PENNSYLVANIA: Credit Union Sued Over Vehicle Repossession Policy
POINT 2 POINT: Sued in Cal. Over Failure to Properly Pay Workers
POPEYE'S LOUISIANA: Faces "Maddix" Suit Over Failure to Pay OT
PROFESSIONAL TRANSPORTATION: "Dodds" Alleges Pay Discrimination
PS CHICKEN INC: "Gallardo" Seeks Minimum Wages, Withheld Tips
QUALITY INTEGRATED: "Stapleman" Suit Transferred to S.D. Texas
QUALITY INTEGRATED: "Webb" Class Suit Transferred to S.D. Texas
RECKITT BENCKISER: Sued Over False Glucosamine Products Ad
RWI TRANSPORTATION: Does Not Properly Pay Employees, Action Says
SEECO INC: Arnett Appeals Decision in "Smith" Suit to 8th Circuit
SONIC AUTOMOTIVE: "Torres" Denied Rest Periods, Wage Statements
SUNNY SPECIALTY: Faces "Zepeda" Suit Over Failure to Pay Overtime
TESLA INC: "Wiseman" Suit Says Braking System Defective
THRESHOLD PHARMA: Faces "Pariso" Suit Over Molecular Merger Plan
TOPBUILD CORP: Piece-rate Scheme Below Min. Wage, Says "Buruca"
VENTURE DATA: Appeals Class Cert. Order in "Mey" Suit to 4th Cir.
VERINT SYSTEMS: Appeal on Aug. 2016 Israel Court Ruling Underway
WARNER CHILCOTT: Transferred "Margolis" Suit to D. New Jersey
*********
1ST TEXAS HOME: "Jordan" Seeks Unpaid Overtime Wages
----------------------------------------------------
Christina Jordan, on behalf of herself and all others similarly
situated, Plaintiff, v. 1st Texas Home Health of San Angelo, Inc.
(d/b/a Angels Care Home Health of San Angelo), Defendant, Case No.
1:17-cv-00094 (N.D. Tex., June 15, 2017), seeks all damages
including unpaid overtime wages, liquidated damages, legal fees,
costs and post-judgment interest under the Fair Labor Standards
Act.
Defendant is engaged in home health business operations throughout
numerous counties in Texas where Plaintiff worked as home health
workers. Defendant allegedly did not pay all overtime premium
compensation owed to its home health workers who routinely worked
in excess of 40 hours per workweek. [BN]
Plaintiffs are represented by:
Allen R. Vaught, Esq.
BARON & BUDD, P.C.
3102 Oak Lawn Avenue, Suite 1100
Dallas, TX 75219
Tel: (214) 521-3605
Fax: (214) 520-1181
Email: avaught@baronbudd.com
560 THIRD: "Grullon" Suit Seeks to Recover Unpaid Wages
-------------------------------------------------------
Leonero Grullon, on behalf of himself and others similarly
situated v. 560 Third Avenue Grocery Corp. d/b/a Duke's, 239 Park
Avenue South Associates, LLC d/b/a Big Daddy's, Big Daddy's II LLC
d/b/a Duke's, Big Daddys III, LLC d/b/a Big Daddy's, John Doe
Corp. d/b/a City Crab Shack, Dean Palin, Michael Schatzberg, Simon
Oren, Andrew W. Silverman and Gerald J. Shallo, Case No.
155638/2017 (N.Y. Sup. Ct., June 21, 2017), seeks to recover
unpaid overtime compensation, unpaid wages due to time shaving,
statutory penalties, liquidated damages and attorneys' fees and
costs pursuant to the Fair Labor Standards Act.
The Defendants own and operate numerous restaurants in 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) 465-1124
Facsimile: (212) 465-1181
E-mail: cklee@leelitigation.com
ABM INDUSTRIES: $110-Mil. Settlement of "Augustus" Suit Pending
---------------------------------------------------------------
ABM Industries Incorporated is still awaiting approval of its
subsidiary's US$110 million settlement of the consolidated cases
of Augustus, Hall, and Davis v. American Commercial Security
Services, filed July 12, 2005, in the Superior Court of
California, Los Angeles County (the "Augustus case"), according to
the Company's Form 10-Q filed on June 8, 2017 with the U.S.
Securities and Exchange Commission for the quarterly period ended
April 30, 2017.
The Augustus case is a certified class action involving alleged
violations of certain California state laws relating to rest
breaks. The case centers on whether requiring security guards to
remain on call during rest breaks violated Section 226.7 of the
California Labor Code.
On February 8, 2012, the plaintiffs filed a motion for summary
judgment on the rest break claim, and on July 31, 2012, the
Superior Court of California, Los Angeles County (the "Superior
Court"), entered judgment in favor of plaintiffs in the amount of
approximately US$89.7 million (the "common fund"). Subsequently,
the Superior Court also awarded plaintiffs' attorneys' fees of
approximately US$4.5 million in addition to approximately 30% of
the common fund. Under California law, post-judgment interest on
a judgment accrues at a rate of 10% simple interest per year from
the date the judgment is entered until it is satisfied.
The Company appealed the Superior Court's rulings to the Court of
Appeals of the State of California, Second Appellate District (the
"Appeals Court").
On December 31, 2014, the Appeals Court issued its opinion,
reversing the judgment in favor of the plaintiffs and vacating the
award of US$89.7 million in damages and the attorneys' fees award.
The plaintiffs filed a petition for review with the California
Supreme Court on March 4, 2015, and on April 29, 2015, the
California Supreme Court granted the plaintiffs' petition.
On December 22, 2016, the California Supreme Court rendered its
decision, holding that on-call and on-duty rest breaks are
prohibited by California law, and reversed the Appeals Court
judgment on this issue. The amount of post-judgment interest as
of December 22, 2016 was approximately US$41.2 million.
On February 6, 2017, ABM Security Services, Inc., a wholly-owned
subsidiary of ABM Industries Incorporated, entered into a Class
Action Settlement and Release with Plaintiffs Jennifer Augustus,
Delores Hall, Emanuel Davis, and Carlton Anthony Waite, on behalf
of themselves and the settlement class members, to settle the
Augustus case on a class-wide basis for US$110.0 million (the
"Augustus Settlement Agreement").
On March 17, 2017, the Augustus Settlement Agreement was amended
to address certain procedural matters. The Augustus Settlement
Agreement, as amended, is contingent upon the approval of the
Superior Court.
On April 6, 2017, the Superior Court granted preliminary approval
of the class action settlement. Notice to the class members was
sent on April 24, 2017 and they have until June 8, 2017 to file
any objections to the settlement.
The Superior Court scheduled a final approval hearing for June 30,
2017.
ABM Industries Incorporated, which operates through its
subsidiaries, is a leading provider of integrated facility
solutions, customized by industry, that enable its clients to
deliver exceptional facilities experiences. ABM's comprehensive
services include electrical and lighting, energy solutions,
facilities engineering, HVAC and mechanical, janitorial, landscape
and turf, mission critical solutions, and parking, which the
Company provides through stand-alone or integrated solutions.
ABM INDUSTRIES: Sept. 7 Final Fairness Hearing in "Karapetyan"
--------------------------------------------------------------
In the case, Vardan Karapetyan v. ABM Industries Incorporated et
al., Case No. 2:15-cv-08313 (C.D. Cal.), Judge George H Wu entered
on June 12, an order granting preliminary approval of the parties'
settlement.
The deadline for Class Counsel to file Motion for Final Approval
of Settlement and Motion for Additional Attorneys' Fees is Aug. 4,
2017.
A Final Fairness Hearing and Hearing on Class Counsel's Motion for
Additional Attorneys' Fees is Sept. 7, 2017, at 8:30 a.m.
ABM Industries Incorporated said in its Form 10-Q filed on June 8,
2017 with the U.S. Securities and Exchange Commission for the
quarterly period ended April 30, 2017 that its settlement of the
lawsuit captioned Karapetyan v. ABM Industries Incorporated and
ABM Security Services, Inc., filed on October 23, 2015, pending in
the United States District Court for the Central District of
California (the "Karapetyan case") is contingent on the Court's
final approval. It is also continent on the final approval by the
Superior Court of the settlement of the consolidated cases of
Augustus, Hall, and Davis v. American Commercial Security Services
pending in the Superior Court of California, Los Angeles County.
The Karapetyan case is a putative class action in which the
plaintiff seeks to represent a class of security guards who worked
during time periods subsequent to the class period in the Augustus
case. The plaintiff alleges that ABM violated certain California
state laws relating to meal and rest breaks and other wage and
hour claims.
On January 30, 2017, ABM entered into a Settlement Term Sheet with
plaintiff to settle the case on a class-wide basis for US$5.0
million.
On April 17, 2017, ABM Industries Incorporated, ABM Security
Services, Inc., ABM Onsite Services, Inc., and ABM Onsite Services
- West, Inc. entered into a Class Action Settlement and Release
with Plaintiff Vardan Karapetyan, on behalf of himself and the
settlement class members, to settle the Karapetyan case (the
"Karapetyan Settlement Agreement") on a class-wide basis for
US$5.0 million.
This settlement is contingent upon the final approval by the
United States District Court for the Central District of
California and the final approval by the Superior Court of the
Augustus Settlement Agreement.
ABM Industries Incorporated, which operates through its
subsidiaries, is a leading provider of integrated facility
solutions, customized by industry, that enable its clients to
deliver exceptional facilities experiences. ABM's comprehensive
services include electrical and lighting, energy solutions,
facilities engineering, HVAC and mechanical, janitorial, landscape
and turf, mission critical solutions, and parking, which the
Company provides through stand-alone or integrated solutions.
ABM INDUSTRIES: Appeal from "Bucio" Class Cert. Bid Order Pending
-----------------------------------------------------------------
ABM Industries Incorporated said in its Form 10-Q filed on June 8,
2017, with the U.S. Securities and Exchange Commission for the
quarterly period ended April 30, 2017, that oral argument relating
to the appeal has not been scheduled.
The consolidated cases of Bucio and Martinez v. ABM Janitorial
Services filed on April 7, 2006, in the Superior Court of
California, County of San Francisco (the "Bucio case") is a
purported class action involving allegations that the Company
failed to track work time and provide breaks.
On April 19, 2011, the trial court held a hearing on plaintiffs'
motion to certify the class. At the conclusion of that hearing,
the trial court denied plaintiffs' motion to certify the class.
On May 11, 2011, the plaintiffs filed a motion to reconsider,
which was denied. The plaintiffs have appealed the class
certification issues. The trial court stayed the underlying
lawsuit pending the decision in the appeal.
On August 30, 2012, the plaintiffs filed their appellate brief on
the class certification issues. The Company filed its responsive
brief on November 15, 2012.
On January 18, 2017, the appeals court invited the parties to file
supplemental letter briefs. ABM and plaintiffs each filed their
respective supplemental letter briefs with the court on February
8, 2017.
ABM Industries Incorporated, which operates through its
subsidiaries, is a leading provider of integrated facility
solutions, customized by industry, that enable its clients to
deliver exceptional facilities experiences. ABM's comprehensive
services include electrical and lighting, energy solutions,
facilities engineering, HVAC and mechanical, janitorial, landscape
and turf, mission critical solutions, and parking, which the
Company provides through stand-alone or integrated solutions.
ABM INDUSTRIES: Unit Still Defends Suits on Minimum Wage Issues
---------------------------------------------------------------
ABM Industries Incorporated's subsidiary continues to face
lawsuits initiated by employees and alleging failure to comply
with minimum wage requirement, according to the Company's Form
10-Q filed on June 8, 2017 with the U.S. Securities and Exchange
Commission for the quarterly period ended April 30, 2017.
The case captioned Hussein and Hirsi v. Air Serv Corporation filed
on January 20, 2016, pending in the United States District Court
for the Western District of Washington at Seattle (the "Hussein
case") is a certified class action involving a class of certain
hourly Air Serv employees at Seattle-Tacoma International Airport
in SeaTac, Washington.
The plaintiffs allege that Air Serv violated a minimum wage
requirement in an ordinance applicable to certain employers in the
local city of SeaTac ("the Ordinance"). Plaintiffs seek
retroactive wages, double damages, interest, and attorneys' fees.
This matter was removed to federal court.
In a separate lawsuit brought by Filo Foods, LLC, Alaska Airlines,
and several other employers at SeaTac airport, the King County
Superior Court issued a decision that invalidated the Ordinance as
it applied to workers at SeaTac airport. Subsequently, the
Washington Supreme Court reversed the Superior Court's decision.
There are disputes in federal court concerning the legality of the
Ordinance, its applicability to employers at SeaTac airport, and
whether the plaintiffs are entitled to retroactive wages, double
damages, interest, and attorneys' fees.
On February 7, 2017, a new lawsuit styled Abdirizak Isse et al. v.
Air Serv Corporation (the "Isse case"), pending in the Superior
Court of Washington for King County, was filed against Air Serv on
behalf of sixty individual plaintiffs (who would otherwise be
members of the Hussein class) who allege failure to comply with
both the minimum wage provision and the sick and safe time
provision of the Ordinance. The plaintiffs seek retroactive wages
and sick benefits, double damages for wages and sick benefits,
interest, and attorneys' fees. The Isse case has since been
expanded to ninety-two individual plaintiffs.
The Company said, "In the event of a judgment against us in the
Hussein case or the Isse case, we intend to seek reimbursement
from our clients."
ABM Industries Incorporated, which operates through its
subsidiaries, is a leading provider of integrated facility
solutions, customized by industry, that enable its clients to
deliver exceptional facilities experiences. ABM's comprehensive
services include electrical and lighting, energy solutions,
facilities engineering, HVAC and mechanical, janitorial, landscape
and turf, mission critical solutions, and parking, which the
Company provides through stand-alone or integrated solutions.
ALON USA: Teachers' Fund Sues for Breach of Fiduciary Duties
------------------------------------------------------------
Arkansas Teacher Retirement System, on behalf of itself and all
others similarly situated, Plaintiff, v. Alon USA Energy, Inc.,
Delek US Holdings, Inc., Delek Holdco, Inc., Dione Mergeco, Inc.,
Astro Mergeco, Inc., Ezra Uzi Yemin, Ilan Cohen, Assaf Ginzburg,
Frederec Green, Ron W. Haddock, William J. Kacal, Zalman Segal,
Mark D. Smith, Avigal Soreq, Franklin Wheeler, and David Wiessman,
Defendants, Case No. 2017-0453 (D. Del., June 15, 2017), seeks to
enjoin Defendants from proceeding with the shareholder vote on
Alon's acquisition by Delek as well as damages, in the event the
merger is consummated, for violation of Sections 14(a) and 20(a)
of the Securities Exchange Act.
Delek will acquire the remaining fifty-three percent of Alon USA
outstanding common stock not already owned by Delek, constituting
an implied enterprise value of $675 million. Alon stockholders
will receive 0.504 Delek shares, representing an implied value of
$12.13 per share. Said deal is allegedly unfair to Alon's public
shareholders in view of the Company's recent financial success and
prospects for future growth. Plaintiff is a shareholder of Alon
USA Energy Inc.
Alon is an independent refiner and marketer of petroleum products,
operating primarily in the South Central, Southwestern, and
Western regions of the United States. [BN]
Plaintiff is represented by:
Lee D. Rudy, Esq.
Michael C. Wagner, Esq.
Grant Goodhart, Esq.
KESSLER TOPAZ MELTZER & CHECK, LLP
280 King of Prussia Rd.
Radnor, PA 19087
Tel: (610) 667-7706
Fax: (610) 667-7056
- and -
Michael Hanrahan, Esq.
Paul A. Fioravanti, Jr., Esq.
Elizabeth M. McGeever, Esq.
Corinne Elise Amato, Esq.
PRICKETT, JONES & ELLIOTT, P.A.
1310 N. King Street
Wilmington, DE 19801
Tel: (302) 888-6500
Fax: (302) 658-8111
AMERICAN HONDA: Must Face "Gerstle" Suit over Car Battery Drain
---------------------------------------------------------------
Courthouse News Service reported that a federal judge in San
Francisco on June 28 advanced a class's claims against Honda for a
Bluetooth system in its Acura model the class claims drains the
car's battery, finding that California consumer protection laws
apply and the case can proceed despite pending claims with the
National Highway Transportation Safety Administration.
Although the judge dismissed several other claims for lack of
timeliness, he gave the class leave to advance its fraudulent
concealment claims if it submitted an amended complaint that
includes when it learned about the defective Bluetooth system and
other details.
Judge Jon S. Tigar of the U.S. District Court for the Northern
District of California held, "The Court rejects Defendant's
argument that the presumption against extraterritorial application
of California law or California's choice of law rules bar the non-
California Plaintiffs from invoking California law. The Court also
rejects Defendant's argument that dismissal of
Plaintiffs' request for injunctive relief is required because
NHTSA has general authority over Plaintiffs' claims. As for
tolling, Plaintiffs' discovery rule and fraudulent concealment
theories are dismissed without prejudice, while the equitable
estoppel theory is dismissed with prejudice. The Court denies
Defendant's motion, however, with respect to Plaintiffs'
affirmative clams of fraudulent concealment. Except for Plaintiff
Kelly, Plaintiffs' [California Consumer Legal Remedies Act] claims
and [Unfair Competition Law] claims are dismissed without
prejudice. Plaintiffs' Delaware, Kansas, New Hampshire, Virginia,
Texas, and Florida consumer protection claims are dismissed
without prejudice. The consumer protection claim under Ohio is
dismissed with prejudice. With the exception of California claims
based on used cars, which is timely, Plaintiffs' implied warranty
claims under California, Delaware, Kansas, New Hampshire, Ohio,
Texas, Virginia, and Florida law are dismissed without prejudice.
The same is true for Plaintiffs' express warranty and Magnuson-
Moss Warranty claims. Plaintiffs' New York implied warranty claim
does not fail for lack of privity. The Court grants the motion to
dismiss Plaintiffs' unjust enrichment claims with prejudice.
Finally, the Court grants the motion to dismiss all claims brought
pursuant to Missouri and North Carolina law without prejudice."
The case is captioned MARK GERSTLE, et al., Plaintiffs, v.
AMERICAN HONDA MOTOR COMPANY, INC., Defendant, Case No. 3:16-cv-
04384-JST (N.D. Cal. June 28, 2017).
AMERIGAS PROPANE: "Fracasse" Sues Over Missed Breaks, Overtime
--------------------------------------------------------------
Dylan Fracasse, individually and on behalf of other similarly
situated, Plaintiff(s), v. Amerigas Propane, Inc., Defendant, Case
No. 5:17-cv-00273 (M.D. Fla., June 19, 2017), seeks to recover
unpaid back wages from overtime and missed breaks compensation, an
additional equal amount as liquidated damages, declaratory relief
and reasonable attorney's fees and costs pursuant to the Fair
Labor Standards Act.
Defendant specializes in converting appliances to propane, tank
installations, propane system design and maintenance and propane
deliveries for homes and businesses.
Plaintiff worked for Amerigas as a service technician from
approximately July 2015 through February 2017, performing
maintenance, repairs, fixing leaks and installation of propane
tanks.
Plaintiff is represented by:
James J. Henson, Esq.
MORGAN & MORGAN, P.A.
20 North Orange Avenue, 14th Floor
PO. Box 4979
Orlando, FL 32802-4979
Tel: (407) 428-6241
Fax: (407) 245-3342
Email: jjhenson@forthepeogle.com
ARAMARK CORRECTIONAL: Faces "Coll" Suit Over False Advertisements
-----------------------------------------------------------------
Alma Coll, individually and on behalf of all others similarly
situated v. Aramark Correctional Services, LLC, Case No. BC665248
(Cal. Super. Ct., June 16, 2017), seeks to stop the Defendant's
practice of falsely advertising its services and to obtain redress
for a nationwide class of consumers who changed position as a
result of the Defendant's false and misleading advertisements.
Aramark Correctional Services, LLC is engaged in the sale and
distribution of care packages to inmates in correctional
facilities across the country. [BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Meghan E. George, Esq.
Adrian R. Bacon, Esq.
Thomas E. Wheeler, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
324 S. Beverly Dr., #725
Beverly Hills, CA 90212
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
E-mail: tfriedman@toddflaw.com
abacon@toddflaw.com
mgeorge@toddflaw.com
twheeler@toddflaw.com
ARCOS GROUP: GDO Contracting Claims Unpaid Services Due
-------------------------------------------------------
GDO Contracting Corporation, individually, and as representatives
of all trust beneficiaries similarly situated, Plaintiff, v. Arcos
Group Inc., Eric F. Morales, Kings County Hospital Center, New
York City Health And Hospitals Corp. and John Doe One through Ten
and other Lien Holders unknown, Defendants, Case No. 511540/2017,
(N.Y. Sup., June 12, 2017), seeks the sum of $81,940.00 under
Mechanic's Lien Law plus interest, reasonable attorney's fees and
further relief.
Plaintiff furnished labor, materials, supplies, and equipment, to
the Kings County Hospital Center for the installation of air
conditioning system and ductwork, under the project undertaken by
the Arcos Group. GDO seeks an unpaid amount of $81,940.00 for
labor, services and materials for said project. [BN]
Plaintiff is represented by:
Leonardo Catanzaro, Esq.
555 Lenox A venue, Suite 2F
New York, NY 10037
Tel: (212) 226-1234
ASCENA RETAIL: Justice Pricing Deal Final and Non-Appealable
------------------------------------------------------------
Ascena Retail Group, Inc. said in its Form 10-Q filed with the
U.S. Securities and Exchange Commission on June 8, 2017, for the
quarterly period ended April 29, 2017, that its settlement
agreement in the Justice Pricing Litigation is "now final and non-
appealable" following a court-ordered mediation session held on
March 24, 2017. The United States District Court for the Eastern
District of Pennsylvania's approval of the settlement was
previously appealed to the U.S. Court of Appeals for the Third
Circuit.
The Company is a defendant in a number of class action lawsuits
that allege that Justice's promotional practices violated state
comparative pricing laws in connection with advertisements
promoting a 40% discount. The plaintiffs further allege false
advertising, violation of state consumer protection statutes,
breach of contract, breach of express warranty and unfair benefit
to Justice. The plaintiffs seek to stop Justice's allegedly
unlawful practice and obtain damages for Justice's customers in
the named states. They also seek interest and legal fees.
In July 2015, an agreement was reached with the plaintiffs in the
Rougvie case to settle the lawsuits on a class basis with all
Justice customers who made purchases between January 1, 2012 and
February 28, 2015 for approximately US$51 million, including
payments to members of the class, payment of legal fees and
expenses of settlement administration. As a result, the Company
established a reserve for approximately US$51 million during
Fiscal 2015.
The proposed Settlement Agreement was filed with the United States
District Court for the Eastern District of Pennsylvania for
preliminary approval on September 24, 2015 and received
preliminary approval by the court on October 27, 2015. The
Company paid approximately US$51 million representing the agreed
settlement amount into an escrow account on November 16, 2015.
Formal notice of settlement was sent to the class members on
December 1, 2015. The final approval hearing was held on May 20,
2016, and on July 29, 2016, the Court granted the parties' joint
motion for final approval of settlement and dismissed the case
with prejudice. In reaching this conclusion, the Court rejected
virtually all of the objections to the settlement that had been
raised, but did reduce the amount of attorneys' fees to be paid to
plaintiffs' counsel, which will not affect the total amount of the
settlement.
The Court's decision was appealed to the United States Court of
Appeals for the Third Circuit. After a court-ordered mediation
session held on March 24, 2017, the appeals were withdrawn and
dismissed with prejudice. The Settlement Agreement is now final
and non-appealable, and it resolves all claims in all of the
outstanding class actions on behalf of customers who made
purchases between January 1, 2012 and February 28, 2015.
Potential claims related to purchases made in 2010 and 2011 have
been raised and it is possible that individual class members who
excluded themselves from the settlement may seek to pursue their
own individual or class claims not subject to the broader
settlement.
Ascena Retail said, "The Company believes it has strong defenses
to any such claims and is prepared to defend against them. The
Company believes that the liability associated with any such
claims would not be material. If the matters described herein do
not occur and the pricing lawsuits are not finally resolved, the
ultimate resolution of these matters may or may not result in an
additional material loss, which cannot be reasonably estimated at
this time."
Ascena Retail Group, Inc., through its subsidiaries, operates as a
specialty retailer of apparel, shoes, and accessories for women
and tween girls in the United States, Canada, and Puerto Rico. It
operates through six segments: ANN, Justice, Lane Bryant,
maurices, dressbarn, and Catherines. The Company was formerly
known as Dress Barn, Inc. and changed its name to Ascena Retail
Group, Inc. in January 2011. Ascena Retail Group, Inc. was
founded in 1962 and is based in Mahwah, New Jersey.
ASCENA RETAIL: Aug. 7 Hearing Set for "Linares" Suit Settlement
---------------------------------------------------------------
Ascena Retail Group, Inc. disclosed in its Form 10-Q filed on
June 8, 2017, with the U.S. Securities and Exchange Commission for
the quarterly period ended April 29, 2017, that the final approval
hearing of a settlement agreement in the case, Steven Linares v.
ANN INC., is scheduled for August 7, 2017.
On December 29, 2015, plaintiff, Steven Linares, a former ANN
sales associate, filed a class action complaint on behalf of all
sales leads, sales associates and stock associates working in
California from December 29, 2011 through the present, in Los
Angeles County Superior Court. Plaintiff alleges on behalf of the
class that ANN did not properly provide overtime pay, minimum wage
pay, meal and rest breaks, and waiting time pay, among other
claims under the California Business and Professions Code and
California Labor Code.
At mediation, the parties agreed to settle all claims in the suit
for a total of US$3.5 million to settle both the pending claims
and other wage-and-hour claims that could have been brought as
part of the lawsuit (including claims for penalties under the
Private Attorneys' General Act). The Company believes that such
amount reflects a liability that is both probable and reasonably
estimable, thus a reserve for approximately US$3.5 million was
established in the first quarter of Fiscal 2017. The parties
executed a formal Joint Stipulation for Class Action Settlement
and Release, dated February 6, 2017.
The Joint Stipulation for Class Action Settlement and Release was
preliminarily approved by the Court on April 25, 2017. The final
approval hearing is scheduled for August 7, 2017.
Ascena Retail Group, Inc., through its subsidiaries, operates as a
specialty retailer of apparel, shoes, and accessories for women
and tween girls in the United States, Canada, and Puerto Rico. It
operates through six segments: ANN, Justice, Lane Bryant,
maurices, dressbarn, and Catherines. The Company was formerly
known as Dress Barn, Inc. and changed its name to Ascena Retail
Group, Inc. in January 2011. Ascena Retail Group, Inc. was
founded in 1962 and is based in Mahwah, New Jersey.
BEHR PROCESS: "Richey" Sues Over Prematurely Flaking Paint
----------------------------------------------------------
Darin Richey, individually and on behalf of all others similarly
situated, Plaintiff, v. Behr Process Corp., Behr Paint Corp.,
Masco Corp., The Home Depot, Inc. and Home Depot U.S.A., Inc.,
Defendants, Case No. 8:17-cv-01016 (C.D. Cal., June 12, 2017),
seeks treble damages and/or any other form of monetary relief
provided by law for violations of the Consumers Legal Remedies
Act; restitution; disgorgement or other equitable relief;
prejudgment and post-judgment interest; reasonable attorneys' fees
and costs of suit, including expert witness fees; and such other
and further relief under California and New York consumer
protection laws.
Behr released a new patio and deck product exclusively through
Home Depot, branded as "DeckOver" a durable coating that could
repair decks by filling in cracks and stopping splinters.
Plaintiff alleges that within mere months of application,
DeckOver begins to flake, peel and separate from deck and concrete
surfaces. [BN]
Plaintiff is represented by:
Eric H. Gibbs, Esq.
David Stein, Esq.
Amanda Karl, Esq.
Linda Lam, Esq.
GIRARD GIBBS LLP
505 14th Street, Suite 1110
Oakland, CA 94612
Tel: (510) 350-9700
Fax: (510) 350-9701
Email: ehg@classlawgroup.com
ds@classlawgroup.com
amk@classlawgroup.com
BELMONT VILLAGE: "Vitale" Suit Seeks to Recover Unpaid OT Wages
---------------------------------------------------------------
Charity A. Vitale, as an individual and on behalf of all others
similarly situated v. Belmont Village, L.P. and Does 1 through
100, Case No. BC665856 (Cal. Super. Ct., June 21, 2017), seeks to
recover unpaid overtime wages and damages under the California
Labor Code.
Belmont Village, L.P. owns and operates a senior loving facility
in Los Angeles, California. [BN]
The Plaintiff is represented by:
Paul K. Haines, Esq.
Fletcher W. Schmidt, Esq.
Andrew J. Rowbotham, Esq.
Stephanie A. Kierig, Esq.
HAINES LAW GROUP, APC
2274 East Maple Avenue
El Segundo, CA 90245
Telephone: (424) 292-2350
Facsimile: (424) 292-2355
E-mail: phaines@haineslawgroup.com
fschimidt@haineslawgroup.com
arowbotham@haineslawgroup.com
skierig@haineslawgroup.com
BLUE CROSS: Faces "Chaney" Suit over Outdoor Therapy
----------------------------------------------------
Lorraine Bailey, writing for Courthouse News Service, reported
that a father claims Blue Cross Blue Shield's blanket refusal to
pay for his daughter's therapy just because it took place at an
outdoor wilderness program is discriminatory against people who
suffer from mental health disorders.
Jeffrey Chaney is covered by an employee health plan through Blue
Cross Blue Shield of Minnesota. Chaney's daughter, M.C., who is
covered under her father's plan, has suffered for years with
depression, bulimia and drug abuse, according to a class-action
lawsuit filed Tuesday in Minnesota federal court.
In 2015, at the recommendation of her therapist, M.C. agreed to go
to an outdoor behavioral therapy program in Colorado called Open
Sky Wilderness. The program emphasizes holistic, family-centered
treatment in a wilderness environment.
The program costs $40,000, but BCBS allegedly declined to pay for
any of it, claiming its policy does not pay for "skills training
and lodging programs."
In his lawsuit, Chaney says the insurer's blanket exclusion of
outdoor behavioral therapy violates the Mental Health Parity and
Addiction Equity Act of 2008.
"While at Open Sky, M.C. received medically necessary mental
health services, including psychiatric evaluation, individual
therapy, group therapy and family therapy, all of which would have
been authorized for coverage by BCBS if they had been delivered in
another type of setting," the father claims.
The Parity Act was designed to improve coverage for mental health
and substance abuse disorders as compared to physical medical
conditions.
While an insurer may lawfully deny coverage for any mental health
treatment, BCBS's "blanket exclusion for services rendered at
wilderness treatment programs is a separate treatment limitation
applicable only to mental health benefits and thus violative of
the Parity Act," according to the complaint.
Chaney seeks an award of benefits that he and other class members
paid for services at residential treatment centers, plus
disgorgement of all profits the insurer gained through the
collection of money that should have been used to pay legitimate
claims.
He is represented by Jordan Lewis in Fort Lauderdale, Fla., and by
Patrick Sheehan with Whatley Kallas in Boston.
BCBS of Minnesota spokesperson Keith Hovis declined to comment on
pending litigation.
The case is Jeffrey Chaney, on behalf of himself and all others
similarly situated, Plaintiff, vs. Blue Cross and Blue Shield of
Minnesota, Defendant, Case No. 0:17-cv-1914 (D. Minn., June 6,
2017).
Counsel for Plaintiff:
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
- and -
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 -
Deborah J. Winegard, Esq.
WHATLEY KALLAS, LLP
1068 Virginia Avenue NE
Atlanta, GA 30306
Telephone: (404) 607-8222
Fax: (800) 922-4851
Email: dwinegard@whatleykallas.com
BODI SERVICES: "Johnson" Labor Suit Seeks Unpaid Overtime Wages
---------------------------------------------------------------
Cody Johnson, individually and on behalf of all others similarly
situated, Plaintiff, v. Bodi Services, LLC, Bo Harding and Jodi
Harding, Defendants, Case No. 5:17-cv-00123 (S.D. Tex., June 19,
2017), seeks overtime compensation, liquidated damages, attorneys'
fees and costs pursuant to the provisions of the Fair Labor
Standards Act of 1938.
Bodi Services is an oilfield service company operating in the
State of Texas, providing clients with oilfield safety materials,
perform torque and test services, backhoe services, well
maintenance, location clean-up, and other oil field services. Bo
and Jodi Harding are the managing members of the company.
Plaintiff worked for the Defendants performing checklists,
assisting with the preparation of equipment and performing other
oilfield related functions on various job sites throughout the
State of Texas. [BN]
The Plaintiff is represented by:
Clif Alexander, Esq.
Austin W. Anderson, Esq.
Lauren E. Braddy, Esq.
ANDERSON2X, PLLC
819 N. Upper Broadway
Corpus Christi, TX 78401
Tel: (361) 452-1279
Fax: (361) 452-1284
Email: clif@a2xlaw.com
austin@a2xlaw.com
lauren@a2xlaw.com
BOJANGLES' RESTAURANTS: Suit Seeks to Recover Unpaid Wages
----------------------------------------------------------
Angela Sommerville, Mariah Anderson, Holly Spisak and Khamecia
Robinson, individually, and on behalf of themselves and all other
similarly situated current and former employees v. Bojangles'
Restaurants, Inc. and Bojangles', Inc., Case No. 1:17-cv-00565-
TDS-JEP (M.D.N.C., June 21, 2017), seeks to recover unpaid
straight time wages, unpaid minimum wages, overtime compensation
and other damages pursuant to the Fair Labor Standards Act.
The Defendants own, operate and franchise Bojangles restaurants in
several states across the United States, including Tennessee,
Alabama, Maryland, Georgia, South Carolina and North Carolina.
[BN]
The Plaintiff is represented by:
Christopher R. Strianese, Esq.
Tamara Huckert, Esq.
STRIANESE HUCKERT, LLP
401 North Tryon Street, 10th Floor
Charlotte, NC 28202
Telephone: (704) 998-2577
Facsimile: (704) 998-5301
E-mail: chris@strilaw.com
tamara@strilaw.com
- and -
Gordon E. Jackson, Esq.
James L. Holt Jr., Esq.
J. Russ Bryant, Esq.
Paula R. Jackson, Esq.
JACKSON, SHIELDS, YEISER & HOLT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 759-1745
E-mail: gjackson@jsyc.com
jholt@jsyc.com
rbryant@jsyc.com
pjackson@jsyc.com
BOOZ ALLEN: "Langley" Sues Over Share Price Drop
------------------------------------------------
Jeremy A. Langley, individually and on behalf of all others
similarly situated, Plaintiff, v. Booz Allen Hamilton Holding
Corporation, Horacio D. Rozanski and Lloyd W. Howell Jr.,
Defendants, Case No. 1:17-cv-00696 (E.D. Va., June 20, 2017),
seeks damages sustained by Plaintiff, prejudgment and post-
judgment interest, as well as their reasonable attorneys' fees,
expert fees and other costs and such other and further relief for
violation of federal securities laws, and to pursue remedies under
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934.
Booz Allen is an American management consulting firm providing
management and technology consulting, engineering, analytics,
digital, mission operations and cyber solutions to governments,
corporations and non-profit organizations.
According to the complaint, Defendants failed to disclose that
Booz Allen engaged in improper accounting practices in its
contracts with the U.S. government and that the Company's revenues
derived from services provided to the U.S. government were
inflated and unsustainable. On June 15, 2017, the U.S. Department
of Justice conducted a civil and criminal investigation relating
to certain elements of its cost accounting and indirect cost
charging practices with the U.S. government. On this news, Booz
Allen's share price fell $7.43, or 18.89%, to close at $31.90 on
June 16, 2017.
Plaintiff is represented by:
Steven J. Toll, Esq.
Daniel S. Sommers, Esq.
Elizabeth Aniskevich, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Avenue, N.W., Fifth Floor
Washington, DC 20005
Telephone: (202) 408-3640
Facsimile: (202)408-4699
Email: stoll@cohenmilstein.com
dsommers@cohenmilstein.com
eniskevich@cohenmilstein.com
- and -
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Hui M. Chang, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
Email: jalieberman@pomlaw.com
ahood@pomlaw.com
hchang@pomlaw.com
- and -
Patrick V. Dahlstrom
POMERANTZ LLP
10 South La Salle Street, Suite 3505
Chicago, IL 60603
Telephone: (312) 377-1181
Facsimile: (312) 377-1184
Email: pdahlstrom@pomlaw.com
BROADCOM LTD: Class Suits over Brocade Acquisition Still Ongoing
----------------------------------------------------------------
Broadcom Limited continues to defend itself against lawsuits
related to its acquisition of Brocade Communications Systems,
Inc., according to the Company's Form 10-Q filed on June 8, 2017
with the U.S. Securities and Exchange Commission for the quarterly
period ended April 30, 2017.
On November 2, 2016, the Company entered into an Agreement and
Plan of Merger by and among Broadcom Communications, Broadcom
Corporation (BRCM), Brocade, a Delaware corporation, or Brocade,
and Bobcat Merger Sub, Inc., a Delaware corporation and a direct
wholly owned subsidiary of BRCM, or Merger Sub. On December 18,
2016, BRCM assigned all of its rights and obligations under the
Brocade Agreement and transferred all of the issued and
outstanding capital stock of Merger Sub to LSI Corporation, or
LSI. The Brocade Agreement provides that, upon the terms and
subject to the conditions set forth therein, Merger Sub will merge
with and into Brocade with Brocade as the surviving corporation,
or the Brocade Acquisition. As a result of the Brocade
Acquisition, Brocade will become an indirect subsidiary of
Broadcom and the Partnership.
On December 13, 2016, December 15, 2016, December 21, 2016,
January 5, 2017 and January 18, 2017, six putative class action
complaints were filed in the United States District Court for the
Northern District of California, or the U.S. Northern District
Court, captioned Steinberg v. Brocade Communications Systems,
Inc., et al., No. 3:16-cv-7081-EMC, Gross v. Brocade
Communications Systems, Inc., et al., No. 3:16-cv-7173-EJD, Jha v.
Brocade Communications Systems, Inc., et al., No. 3:16-cv-7270-
HRL, Bragan v. Brocade Communications Systems, Inc., et al., No.
3:16-cv-7271-JSD, Chuakay v. Brocade Communications Systems, Inc.,
et al., No. 3:17-cv-0058-PJH, and Mathew v. Brocade Communications
Systems, Inc., et al., No. 3:16-cv-7271-HSG, respectively. The
Steinberg, Bragan and Mathew complaints name as defendants
Brocade, the members of Brocade's board of directors, Broadcom,
BRCM, and Merger Sub. The Gross, Jha and Chuakay complaints name
as defendants Brocade and the members of Brocade's board of
directors.
All of the complaints assert claims under Sections 14(a) and 20(a)
of the Securities Exchange Act of 1934, as amended, or the
Exchange Act, and Rule 14a-9 promulgated thereunder. The
complaints allege, among other things, that the board of directors
of Brocade failed to provide material information and/or omitted
material information from the Preliminary Proxy Statement filed
with the SEC on December 6, 2016 by Brocade. The complaints seek
to enjoin the closing of the transaction between Brocade and
Broadcom, as well as certain other equitable and declaratory
relief and attorneys' fees and costs.
On January 10, 2017, January 27, 2017 and February 15, 2017, the
U.S. Northern District Court granted motions to relate the cases,
all of which are now related to the Steinberg action and before
the Honorable Judge Edward Chen. On January 11, 2017, Plaintiff
Jha filed a motion for a preliminary injunction, which was
subsequently withdrawn on January 18, 2017.
On February 6, 2017, Plaintiff Gross voluntarily dismissed the
Gross action without prejudice, which was ordered by the U.S.
Northern District Court on February 15, 2017.
On April 14, 2017, the U.S. Northern District Court granted the
Motion for Consolidation, Appointment as Lead Plaintiff and
Approval of Lead Plaintiff's Selection of Counsel filed by
Plaintiff Giulio D. Cessario, a plaintiff in the Steinberg action,
which consolidated these actions under the caption In re Brocade
Communications Systems, Inc. Securities Litigation, Case No. 3:16-
cv-07081-EMC.
The Company said, "We believe these claims are all entirely
without merit and intend to vigorously defend these actions."
Broadcom Limited is a designer, developer and global supplier of a
broad range of semiconductor devices with a focus on complex
digital and mixed signal complementary metal oxide semiconductor
based devices and analog III-V based products. The Company has
four reportable segments: wired infrastructure, wireless
communications, enterprise storage and industrial & other, which
align with the Company's principal target markets.
BROADCOM LTD: Combined State Action on Broadcom Merger Dropped
--------------------------------------------------------------
Broadcom Limited disclosed in its Form 10-Q filed on June 8, 2017
with the U.S. Securities and Exchange Commission for the quarterly
period ended April 30, 2017, that a consolidated state action
arising from the Broadcom Merger has been dismissed, following
final approval of a settlement resolving a related consolidated
lawsuit in federal court.
Since the announcement of the Broadcom Merger, 11 putative class
action complaints have been filed by and purportedly on behalf of
alleged BRCM shareholders.
Two putative class action complaints were filed in the United
States District Court for the Central District of California, or
the U.S. Central District Court, captioned: Wytas, et al. v.
McGregor, et al., Case No. 8:15-cv-00979, filed on June 18, 2015;
and Yassian, et al. v. McGregor, et al., Case No. 8:15-cv-01303,
filed on August 15, 2015, or the Federal Actions. On September 2,
2015, plaintiffs in the Wytas, et al. v. McGregor, et al. matter
filed an amended complaint adding claims under the U.S. federal
securities laws.
One putative class action complaint was filed in the Superior
Court of the State of California, County of Santa Clara, captioned
Jew v. Broadcom Corp., et al., Case No. 1-15-CV-281353, filed June
2, 2015.
Eight putative class action complaints were filed in the Superior
Court of the State of California, County of Orange, captioned: Xu
v. Broadcom Corp., et al., Case No. 30-2015-00790689-CU-SL-CXC,
filed June 1, 2015; Freed v. Broadcom Corp., et al., Case No. 30-
2015-00790699-CU-SL-CXC, filed June 1, 2015; N.J. Building
Laborers Statewide Pension Fund v. Samueli, et al., Case No. 30-
2015-00791484-CU-SL-CXC, filed June 4, 2015; Yiu v. Broadcom
Corp., et al., Case No. 30-2015-00791490-CU-SL-CXC, filed June 4,
2015; Yiu, et al. v. Broadcom Corp., et al., Case No. 30-2015-
00791762-CU-BT-CXC, filed June 5, 2015; Yassian, et al. v.
McGregor, et al., Case No. 30-2015-00793360-CU-SL-CXC, filed June
15, 2015; Seafarers' Pension Plan v. Samueli, et al., Case No. 30-
2015-00794492-CU-SL-CXC, filed June 19, 2015; and Engel v.
Broadcom Corp., et al., Case No. 30-2015-00797343-CU-SL-CXC, filed
on July 2, 2015 (together with Jew v. Broadcom Corp., et al., the
State Actions).
The Federal Actions and State Actions name as defendants, among
other parties, BRCM, members of BRCM's board of directors and
Avago, and allege, among other things, breaches of fiduciary
duties and aiding and abetting those alleged breaches.
Additionally, the Federal Actions allege violations of Sections
14(a) and 20(a) of the Exchange Act and SEC Rule 14-a9.
On August 14, 2015, the Superior Court of the State of California,
County of Orange, issued an order coordinating and consolidating
the State Actions, captioned Broadcom Shareholder Cases, JCCP
4834.
On September 18, 2015, the U.S. Central District Court
consolidated the Federal Actions under the caption In re Broadcom
Corporation Stockholder Litigation, Case No. 8:15-cv-00979.
On September 25, 2015, the Superior Court of the State of
California, County of Orange, stayed the State Actions pending the
outcome of the Federal Actions.
On October 28, 2015, BRCM supplemented its disclosures, and filed
additional proxy materials with the SEC. On November 10, 2015,
BRCM shareholders voted to approve the Broadcom Merger. On
November 16, 2015, the U.S. Central District Court appointed lead
plaintiffs and lead counsel in the Federal Actions.
On January 15, 2016, lead plaintiffs in the Federal Actions filed
a Second Amended Consolidated Class Action Complaint, or the
Federal Consolidated Complaint, which names as defendants, among
other parties, members of BRCM's board of directors and Avago, and
alleges breaches of fiduciary duties and aiding and abetting those
alleged breaches, as well as violation of Sections 14(a) and 20(a)
of the Exchange Act and SEC Rule 14-a9.
On February 1, 2016, the Company completed the acquisition of
BRCM.
On September 23, 2016, the parties entered into a Stipulation and
Agreement of Compromise and Settlement, or the Stipulation, which
has been filed with the U.S. Central District Court. Pursuant to
the Stipulation, BRCM agreed to confirm certain facts concerning
the Broadcom Merger. Additionally, defendants agreed to pay or
cause to be paid attorneys' fees and expenses as may be awarded by
the U.S. Central District Court to plaintiffs' counsel for their
efforts in prosecuting the litigation, as well as the costs of
administering the settlement. The Stipulation provides that the
settlement is subject to certain conditions, including final
approval of the settlement and final certification of a settlement
class by the U.S. Central District Court. The Stipulation
includes a release of all claims against defendants relating to or
arising from the litigation.
On December 2, 2016, the U.S. Central District Court granted
preliminary approval of the settlement.
On February 27, 2017, the U.S. Central District Court granted
final approval of the settlement. The settlement did not have an
impact on the Company's financial statements.
On March 16, 2017, the State Actions were dismissed with prejudice
pursuant to the settlement.
The Company said, "We believe that the claims in the litigation,
including the Federal Consolidated Complaint, were without merit
and that no misconduct or damages occurred. Defendants entered
into the settlement to eliminate the burden, distraction, and
expense of further litigation."
Broadcom Limited is a designer, developer and global supplier of a
broad range of semiconductor devices with a focus on complex
digital and mixed signal complementary metal oxide semiconductor
based devices and analog III-V based products. The Company has
four reportable segments: wired infrastructure, wireless
communications, enterprise storage and industrial & other, which
align with the Company's principal target markets.
BROADCOM LTD: Appeal from Dismissed Emulex Merger Suit Pending
--------------------------------------------------------------
Broadcom Limited said in its Form 10-Q filed on June 8, 2017 with
the U.S. Securities and Exchange Commission for the quarterly
period ended April 30, 2017, that the date of any oral argument on
the appeal from the dismissal of a lawsuit arising from the
Company's acquisition of Emulex Corporation has not been
determined.
On March 3, 2015, two putative shareholder class action complaints
were filed in the Court of Chancery of the State of Delaware, or
the Delaware Court of Chancery, against Emulex, its directors,
Avago Technologies Wireless (U.S.A.) Manufacturing Inc., or AT
Wireless, and Emerald Merger Sub, Inc., or Emerald Merger Sub,
captioned as follows: James Tullman v. Emulex Corporation, et al.,
Case No. 10743-VCL (Del. Ch.); Moshe Silver ACF/Yehudit Silver
U/NY/UTMA v. Emulex Corporation, et al., Case No. 10744-VCL (Del.
Ch.).
On March 11, 2015, a third complaint was filed in the Delaware
Court of Chancery, captioned Hoai Vu v. Emulex Corporation, et
al., Case No. 10776-VCL (Del. Ch.).
The complaints alleged, among other things, that Emulex's
directors breached their fiduciary duties by approving the
Agreement and Plan of Merger, dated February 25, 2015, by and
among AT Wireless, Emerald Merger Sub and Emulex and that AT
Wireless and Emerald Merger Sub aided and abetted these alleged
breaches of fiduciary duty. The complaints sought, among other
things, either to enjoin the transaction or to rescind it
following its completion, as well as damages, including attorneys'
and experts' fees.
The Delaware Court of Chancery has entered an order consolidating
the three Delaware actions under the caption In re Emulex
Corporation Stockholder Litigation, Consolidated C.A. No. 10743-
VCL.
On May 5, 2015, the Company completed its acquisition of Emulex.
On June 5, 2015, the Court of Chancery dismissed the consolidated
action without prejudice.
On April 8, 2015, a putative class action complaint was filed in
the U.S. Central District Court, entitled Gary Varjabedian, et al.
v. Emulex Corporation, et al., No. 8:15-cv-554-CJC-JCG. The
complaint names as defendants Emulex, its directors, AT Wireless
and Emerald Merger Sub, and purported to assert claims under
Sections 14(d), 14(e) and 20(a) of the Exchange Act. The
complaint alleged, among other things, that the board of directors
of Emulex failed to provide material information and/or omitted
material information from the Solicitation/Recommendation
Statement on Schedule 14D-9 filed with the SEC on April 7, 2015 by
Emulex, together with the exhibits and annexes thereto. The
complaint sought to enjoin the tender offer to purchase all of the
outstanding shares of Emulex common stock, as well as certain
other equitable relief and attorneys' fees and costs.
On July 28, 2015, the U.S. Central District Court issued an order
appointing the lead plaintiff and approving lead counsel for the
putative class. On September 9, 2015, plaintiff filed a first
amended complaint seeking rescission of the merger, unspecified
money damages, other equitable relief and attorneys' fees and
costs.
On October 13, 2015, defendants moved to dismiss the first amended
complaint, which the U.S. Central District Court granted with
prejudice on January 13, 2016.
Plaintiff filed a notice of appeal to the United States Court of
Appeals for the Ninth Circuit, or the Ninth Circuit Court, on
January 15, 2016. The appeal is captioned Gary Varjabedian, et
al. v. Emulex Corporation, et al., No. 16-55088.
On June 27, 2016, the Plaintiff-Appellant filed his opening brief,
on August 17 and August 22, 2016, the Defendants-Appellees filed
their answering briefs, and on October 5, 2016 Plaintiff-Appellant
filed his reply brief.
The date of any oral argument has not been determined at this
time.
Broadcom Limited is a designer, developer and global supplier of a
broad range of semiconductor devices with a focus on complex
digital and mixed signal complementary metal oxide semiconductor
based devices and analog III-V based products. The Company has
four reportable segments: wired infrastructure, wireless
communications, enterprise storage and industrial & other, which
align with the Company's principal target markets.
BROADCOM LTD: Delaware Suit Over PLX Acquisition Underway
---------------------------------------------------------
The Delaware class litigation related to Broadcom Limited's
acquisition of PLX Technology, Inc. is still pending, according to
the Company's Form 10-Q filed on June 8, 2017 with the U.S.
Securities and Exchange Commission for the quarterly period ended
April 30, 2017.
In June and July 2014, four lawsuits were filed in the Superior
Court for the State of California, County of Santa Clara, or the
Superior Court, challenging the Company's acquisition of PLX. On
July 22, 2014, the Superior Court consolidated these California
actions under the caption In re PLX Technology, Inc. S'holder
Litig., Lead Case No. 1-14-CV-267079 (Cal. Super. Ct., Santa
Clara) and appointed lead counsel. That same day, the Superior
Court also stayed the consolidated action, pending resolution of
related actions filed in the Delaware Court of Chancery, described
below.
Also in June and July 2014, five similar lawsuits were filed in
the Delaware Court of Chancery. On July 21, 2014, the Delaware
Court of Chancery consolidated these Delaware actions under the
caption In re PLX Technology, Inc. Stockholders Litigation,
Consol. C.A. No. 9880-VCL (Del. Ch.), appointed lead plaintiffs
and lead counsel, and designated an operative complaint for the
consolidated action. On July 31, 2014, counsel for lead
plaintiffs in Delaware informed the Delaware Court of Chancery
that they would not seek a preliminary injunction, but intend to
seek damages and pursue monetary remedies through post-closing
litigation. The Company's acquisition of PLX closed on August 12,
2014.
On October 31, 2014, lead plaintiffs filed a consolidated amended
complaint. This complaint alleges, among other things, that PLX's
directors breached their fiduciary duties to PLX's stockholders by
seeking to sell PLX for an inadequate price, pursuant to an unfair
process, and by agreeing to preclusive deal protections in the
merger agreement. Plaintiffs also allege that Potomac Capital
Partners II, L.P., Deutsche Bank Securities, AT Wireless and Pluto
Merger Sub, Inc., the acquisition subsidiary, aided and abetted
the alleged fiduciary breaches. Plaintiffs also allege that PLX's
Solicitation/Recommendation statement on Schedule 14D-9, as filed
with the SEC, contained false and misleading statements and/or
omitted material information necessary to inform the shareholder
vote. The plaintiffs seek, among other things, monetary damages
and attorneys' fees and costs. On September 3, 2015, the Delaware
Court of Chancery granted motions to dismiss filed by AT Wireless,
the acquisition subsidiary and two PLX directors, and denied
motions to dismiss filed by several other PLX directors, Potomac
Capital Partners II, L.P. and Deutsche Bank Securities.
On August 17, 2016, the five remaining PLX director-defendants and
Deutsche Bank Securities entered into a stipulation of partial
settlement to resolve claims against all of the former PLX
directors and Deutsche Bank Securities asserted in the Delaware
class action. The partial settlement also provides for a release
of all potential claims against AT Wireless, Pluto Merger Sub,
Avago and PLX. Defendant Potomac Capital Partners II, L.P. is
not a party to the settlement. This partial settlement was
approved by the Delaware Court of Chancery on December 20, 2016.
The Delaware class litigation is on-going. On November 9, 2016,
the sole remaining defendant, Potomac Capital Partners II, L.P.,
filed cross-claims against the named individual director
defendants and Deutsche Bank for contribution. Under various
contracts and statutes, PLX may owe indemnification to each of
these parties. The cross-claims are now barred according to the
terms of the approved partial settlement, although Potomac Capital
Partners II, L.P. might be entitled to an offset (based on
contributory fault) of any damages it might owe to the class.
Broadcom Limited is a designer, developer and global supplier of a
broad range of semiconductor devices with a focus on complex
digital and mixed signal complementary metal oxide semiconductor
based devices and analog III-V based products. The Company has
four reportable segments: wired infrastructure, wireless
communications, enterprise storage and industrial & other, which
align with the Company's principal target markets.
BRONX FORD: Does Not Properly Pay Employees, "Lopez" Suit Claims
----------------------------------------------------------------
Stephanie Lopez, individually and on behalf of other persons
similarly situated v. Bronx Ford, Inc. and City World Acquisition
Group, Inc. and/or any other entities affiliated with or
controlled by Bronx Ford, Inc. and City World Acquisition Group,
Inc., Case No. 155504/2017 (N.Y. Sup. Ct., June 16, 2017), is
brought against the Defendants for failure to pay minimum wage and
overtime compensation in violation of New York Labor Law.
The Defendants operate a car dealership company located at 3333
Boston Road, Bronx, New York 10469. [BN]
The Plaintiff is represented by:
Lloyd R. Ambinder, Esq.
Jack L. Newhouse, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street, 7th Floor
New York, NY 10004
Telephone: (212) 943-9080
E-mail: lambinder@vandallp.com
jnewhouse@vandallp.com
CALIFORNIA COMMERCE: "Ramirez" Seeks Unpaid Overtime Wages
----------------------------------------------------------
Francisco Ramirez, an individual, on behalf of himself and all
others similarly situated, Plaintiff, v. California Commerce Club,
Inc., and Does 1 through 100, Defendants, Case No. BC664591 (Cal.
Super., June 12, 2017), seeks unpaid wages and interest thereon
for Defendants' failure to pay for all hours worked and minimum
wage rate, failure to authorize or permit required meal periods,
failure to authorize or permit required rest periods, statutory
penalties for failure to provide accurate wage statements,
injunctive relief and other equitable relief, reasonable
attorney's fees and costs and interest pursuant to California
Labor Code and the Unfair Competition Law.
California Commerce Club, Inc. operates as a poker casino offering
poker, blackjack, Caribbean stud, baccarat and Asian style games
in Los Angeles where Plaintiff worked as a poker dealer. [BN]
Plaintiffs are represented by:
Paul K. Haines, Esq.
Stephanie A. Keirig, Esq.
Fletcher W. Schmidt, Esq.
Andrew J. Rowbotham, Esq.
HAINES LAW GROUP, APC
2274 East Maple Ave.
El Segundo, CA 90245
Tel: (424) 292-2350
Fax: (424) 292-2355
Email: phaines@haineslawgroup.com
skeirig@haineslawgroup.com
fschmidt@haineslawgroup.com
arowbotham@haineslawgroup.com
CENTURYLINK: Faces "Thummeti" Suit Over Misleading Fin'l Reports
----------------------------------------------------------------
Amarendra Thummeti, individually and on behalf of all others
similarly situated v. Centurylink, Inc., Glen F. Post III and R.
Stewart Ewing Jr., Case No. 1:17-cv-04695 (S.D.N.Y., June 21,
2017), alleges that the Defendants made false and misleading
statements, as well as failed to disclose material adverse facts
about the Company's business, operations, and prospects.
Specifically, the Defendants made false and misleading statements
and failed to disclose that: (i) CenturyLink's policies allowed
its employees to add services or lines to accounts without
customer permission, resulting in millions of dollars in
unauthorized charges to CenturyLink customers; (ii) accordingly,
the Company's revenues were the product of illicit conduct and
unsustainable; (iii) the foregoing illicit conduct was likely to
subject CenturyLink to heightened regulatory scrutiny; and (iv) as
a result of the foregoing, CenturyLink's public statements were
materially false and misleading at all relevant times, says the
complaint.
Centurylink, Inc. provides various communications services to
residential, business, wholesale, and governmental customers in
the United States. [BN]
The Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
- and -
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
10 South La Salle Street, Suite 3505
Chicago, IL 60603
Telephone: (312) 377-1181
Facsimile: (312) 377-1184
E-mail: pdahlstrom@pomlaw.com
CENTURYLINK INC: "Gonsior" Sues Over Unjust Service Charges
-----------------------------------------------------------
Heather Gonsior, an Oregon consumer, individually and on behalf of
all others similarly situated, Plaintiff, v. Centurylink, Inc.,
Defendant, Case No. 3:17-cv-00963, (D. Or., June 19, 2017), seeks
actual, consequential, statutory and incidental losses and
damages, punitive damages, attorneys' fees, prejudgment interest
on all amounts awarded, costs of suit and such other and further
relief resulting from unjust enrichment and fraud.
Gonsior is a CenturyLink customer for their internet service. She
claims to be unjustly charged for services that she did not avail
of and/or did not agree to in connection with their internet
service upgrade. [BN]
Plaintiff is represented by:
Michael Fuller, Esq.
OLSEN DAINES PC
US Bancorp Tower
111 SW 5th Ave., Suite 3150
Portland, OR 97204
Tel: (503) 201-4570
Email: michael@underdoglawyer.com
- and -
Mark J. Geragos, Esq.
Ben J. Meiselas, Esq.
GERAGOS & GERAGOS A PROFESSIONAL CORPORATION LAWYERS
Historic Engine Co. No. 28
644 South Figueroa Street
Los Angeles, CA 90017-3411
Telephone (213) 625-3900
Facsimile (213) 232-3255
Email: Geragos@Geragos.com
CITADEL GROUP: "Rodriguez" Action Seeks to Recover Overtime Pay
---------------------------------------------------------------
Rolando Lopez Rodriguez, and all others similarly situated,
Plaintiff, v. The Citadel Group, LC (d/b/a Befeler Group), George
Befeler, Defendants, Case No. 1:17-cv-22189, (S.D. Fla., June 12,
2017), requests double damages and reasonable attorney fees,
jointly and severally, pursuant to the Fair Labor Standards Act,
and overtime wages still owing along with court costs, interest
and any other relief.
Plaintiff worked for Defendants as a maintenance worker for
Defendants' real estate investment company from on or about March
1, 2013, through on or about May 9, 2017. [BN]
Plaintiff is represented by:
J.H. Zidell, Esq.
J.H. ZIDELL, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Tel: (305) 865-6766
Fax: (305) 865-7167
Email: zabogado@aol.com
COMCAST CORP: "Wuest" Sues Over Recorded Phone Calls
----------------------------------------------------
Richard Wuest, individually and on behalf of a class of similarly
situated individuals, Plaintiff, v. Comcast Corporation, Comcast
Cable Communications Management, LLC, Comcast Cable
Communications, LLC and DOES 1 through 50, inclusive, Defendants,
Case No. BC17863621 (Cal. Super., June 8, 2016), seeks statutory
damages of $5,000 per violation, permanent injunction under Penal
Code Sec. 637.2, costs of the suit, payment of attorneys' fees
under California Code of Civil Procedure, prejudgment and post-
judgment interest and such other or further relief under the
California's Invasion of Privacy Act.
The complaint says Defendants intentionally and surreptitiously
recorded and/or monitored telephone calls made or routed to
Defendants' customer service telephone numbers without warning or
disclosing to inbound callers that their calls might be recorded
or monitored. [BN]
The Plaintiff is represented by:
Eric A. Grover, Esq.
KELLER GROVER LLP 1965 Market Street
San Francisco, CA 94103
Telephone: (415) 543-1305
Facsimile: (415) 543-7861
Email: eagrover@kellergrover.com
CONCESIONARIA VUELA: Illegally Records Calls, "Kindt" Suit Claims
-----------------------------------------------------------------
Malina Kindt, individually and on behalf of a class of similarly
situated individuals v. Concesionaria Vuela Compania De Aviacion
Sapi De CV; and Does 1 through 50, inclusive, Case No. RG17864780
(Cal. Super. Ct., June 21, 2017), arises out of the policy and
practice of the Defendant to record and monitor, without the
consent of all parties, telephone calls made or routed to the
Defendant's toll-free customer service telephone numbers.
Concesionaria Vuela Compania De Aviacion Sapi De CV owns and
operates Volaris, a foreign airline company with numerous
destinations throughout Mexico, the United States, and Central
America. [BN]
The Plaintiff is represented by:
Eric A. Grover, Esq.
Rachael G. Jung, Esq.
KELLER GROVER LLP
1965 Market Street
San Francisco, CA 94103
Telephone: (415) 543-1305
Facsimile: (415) 543-7861
E-mail: eagrover@kellergrover.com
rjung@kellergrover.com
- and -
Scot Bernstein, Esq.
LAW OFFICES OF SCOT D. BERNSTEIN
A PROFESSIONAL CORPORATION
101 Parkshore Drive, Suite 100
Folsom, CA 95630
Telephone: (916) 447-0100
Facsimile: (916) 933-5533
E-mail: swampadero@sbernsteinlaw.com
CORECIVIC OF TN: Accused of Denying Basic Healthcare by "Doe"
-------------------------------------------------------------
John Doe, individually and on behalf of all others similarly
situated, Plaintiffs, v. Corecivic Of Tennessee, LLC (f/k/a
Corrections Corporation of America), Defendant, Case No. 3:17-cv-
00958 (M.D. Tenn., June 19, 2017), seeks punitive damages, costs
of bringing this suit, including reasonable attorney's fees and
litigation expense pursuant to the Eighth and Fourteenth
Amendments of the U.S. Constitution.
Plaintiff were formerly housed at the Metro-Davidson County
Detention Facility in Davidson County, Tennessee, a private prison
owned and operated by CoreCivic. He claims to have been deprived
access to basic healthcare.
Doe is a citizen of the State of Tennessee and a resident of
Davidson County, Tennessee. Plaintiff wishes to use a pseudonym in
fear of retaliation. [BN]
Plaintiff is represented by:
W. Gary Blackburn, Esq.
Bryant Kroll, Esq.
THE BLACKBURN FIRM, PLLC
213 Fifth Avenue North, Suite 300
Nashville, TN 37219
Tel: (615) 254-7770
Fax: (866) 895-7272
Email: gblackburn@wgaryblackburn.com
bkroll@wgaryblackburn.com
- and -
Jeffery S. Roberts, Esq.
JEFF ROBERTS & ASSOCIATES, PLLC
Esq.,213 Fifth Avenue North, Suite 300
Nashville, TN 37219
Tel: (615) 425-4400
Fax: (615) 425-4401
Email: Jeff@middletninjury.com
- and -
R. Joshua McKee, Esq.
THE MCKEE LAW FIRM
213 Fifth Avenue North, Suite 300
Nashville, TN 37219
Tel: (615) 425-4400
Fax: (615) 425-4401
Email: rjm@rjmckeelaw.com
COVISINT CORP: Faces "Keuning" Over Proposed Sale to Open Text
--------------------------------------------------------------
Dirk Keuning, individually and on behalf of all others similarly
situated v. Covisint Corp., Bernard M. Goldsmith, William O.
Grabe, Lawrence David Hansen, Samuel M. Inman, Andreas Mai, John
F. Smith, and Jonathan Yaron, Case No. 2:17-cv-11958-RHC-DRG (E.D.
Mich., June 20, 2017), is brought on behalf of all public
stockholders of Covisint Corporation against the members of
Covisint's Board of Directors for their violations of the
Securities Exchange Act, arising out of their attempt to sell the
Company to Open Text Corporation by which Open Text, through its
wholly owned subsidiary, Cypress Merger Sub, Inc., will acquire
all of the outstanding shares of Covisint in a cash transaction in
which Covisint stockholders will receive $2.45 in cash for each
share of Covisint common stock.
According to the complaint, Covisint filed a Preliminary Proxy
Statement on a Schedule 14A with the U.S. Securities and Exchange
Commission, which recommends that Covisint stockholders vote in
favor of the Proposed Transaction. However, the Proxy is
materially deficient and misleading because, it fails to disclose
material information regarding the Company's financial
projections, GAAP reconciliation of the non-GAAP financial
measures contained in the Company's projections, which were
prepared by Company management and relied upon by Evercore Group
LLC, the Company's financial advisor, the financial analysis
performed by Evercore to support its opinion on the fairness of
the Proposed Transaction, and the background of the Proposed
Transaction.
Covisint Corp. connects systems of people and things through
Identity Services, Internet of Things Services, and Messaging and
Orchestration. Its customers include companies in the automotive,
energy, travel, life sciences, consumer goods, and insurance
industries. [BN]
The Plaintiff is represented by:
Lance C. Young, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: lyoung@sommerspc.com
- and -
Donald J. Enright, Esq.
Elizabeth K. Tripodi, Esq.
LEVI & KORSINSKY LLP
1101 30th Street, N.W. Suite 115
Washington, DC 20007
Telephone: (202) 524-4290
E-mail: denright@zlk.com
etripodi@zlk.com
CR BARD: Faces "Maser" Class Suit Over Proposed Becton Sale
-----------------------------------------------------------
Richard K. Maser, individually and on behalf of all others
similarly situated v. Timothy M. Ring, David M. Barrett, Robert M.
Davis, Herbert L. Henkel, John C. Kelly, David F. Melcher, Gail K.
Naughton, Tommy G. Thompson, John H. Weiland, Anthony Welters,
Tony L. White, C. R. Bard, Inc., Becton, Dickinson and Company and
Lambda Corp., Case No. 2:17-cv-04549 (D.N.J., June 21, 2017), is
brought on behalf of all public shareholders of C. R. Bard, Inc.,
to enjoin the proposed sale of C. R. Bard, Inc. to Becton,
Dickinson and Company and Lambda Corp. for $222.93 per share in
cash.
According to the complaint, C. R. Bard filed a Registration
Statement on Form S-4 with with the U.S. Securities and Exchange
Commission, which recommends that C. R. Bard stockholders vote in
favor of the Proposed Transaction. However, the S-4 contains
materially incomplete and misleading information concerning, among
other things: (i) financial projections for the Company; (ii)
financial projections prepared by BD's financial advisors, Perella
Weinberg Partners LP and Citigroup Global Markets Inc.; (iii) the
valuation analyses performed by Bard's financial advisor, Goldman
Sachs & Co., in support of its fairness opinion; and (iv) any
conflicts of interest involving Bard's or BD's financial advisors.
To remedy defendants' Exchange Act violations, Plaintiff seeks to
enjoin the stockholder vote on the Proposed Transaction unless and
until such problems are remedied.
C. R. Bard, Inc. together with its subsidiaries, designs,
manufactures, packages, distributes, and sells medical, surgical,
diagnostic, and patient care devices worldwide in the fields of
vascular, urology, oncology and surgical specialty products. [BN]
The Plaintiff is represented by:
Joshua M. Lifshitz, Esq.
LIFSHITZ & MILLER LLP
821 Franklin Avenue, Suite 209
Garden City, NY 11530
Telephone: (516) 493-9780
Facsimile: (516) 280-7376
E-mail: jml@jlclasslaw.com
CYNOSURE INC: Falsely Marketed Contouring Products, Suit Says
-------------------------------------------------------------
Vita 4 Life, Inc., an Illinois corporation, on behalf of itself
and all others similarly situated v. Cynosure, Inc., Case No. 17-
1869F (Mass. Cmmw., June 16, 2017), arises out of the false and
misleading representations and omissions of material fact made by
the Defendant regarding the SculpSure Non-Invasive Body Contouring
Platform.
Cynosure, Inc. is a developer and manufacturer of a broad array of
light-based aesthetic and medical treatment systems. [BN]
The Plaintiff is represented by:
Lauren Guth Barnes, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
55 Cambridge Parkway, Suite 301
Cambridge, MA 02142
Telephone: (617) 482-3700
Facsimile: (617) 482-3003
E-mail: lauren@hbsslaw.com
- and -
Elizabeth A. Fegan, Esq.
Mark T. Vazquez, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
455 Cityfront Plaza Drive, Suite 2410
Chicago, IL 60611
Telephone: (708) 628-4949
Facsimile: (708) 628-4950
E-mail: beth@hbsslaw.com
markv@hbsslaw.com
- and -
Steve W. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
- and -
David Freydin, Esq.
Timothy A. Scott, Esq.
FREYDIN LAW FIRM LLP
8707 Skokie Blvd# 305
Skokie, IL 60077
Telephone: (847) 972-6157
DATA RUSH: "Ahmed" Alleges Misclassification, Seeks Overtime Pay
----------------------------------------------------------------
Asjad Ahmed, Individually and On Behalf of All Others Similarly
Situated, Plaintiff, v. Data Rush Logistics Inc. (d/b/a Data Rush
Couriers S.A.) Defendant, Case No. 4:17-cv-01833 (S.D. Tex., June
15, 2017), seeks to recover unpaid overtime wages, lost wages,
liquidated damages and attorney's fees under the Fair Labor
Standards Act.
Defendant provides courier and delivery services with operations
in Austin, San Antonio and Houston, Texas where Ahmed worked as a
driver. Defendant has misclassified Plaintiff as an independent
contractor and failed to pay him minimum and overtime wages, says
the complaint. [BN]
Plaintiff is represented by:
Alfonso Kennard, Jr., Esq.
Keenya R. Harrold, Esq.
2603 Augusta Drive, 1450
Houston TX 77057
Main: (713) 742-0900
Fax: (713) 742-0951
Email: Alfonso.Kennard@KennardLaw.com
keenya.harrold@kennardlaw.com
DEEP ROOT: Faces "McAleer" Suit in Fla. Over Security Breach
------------------------------------------------------------
Dr. James Albert McAleer & Linda McAleer, individually and on
behalf of all others similarly situated v. Deep Root Analytics,
LLC, Case No. 6:17-cv-01142-GKS-TBS (M.D. Fla., June 21, 2017), is
brought against the Defendants for failure to secure and safeguard
the public's personal identifiable information("PII") such as
names, addresses, email addresses, telephone numbers, dates of
birth, reddit.com browsing history, and voter ID number, which
Deep Root collected from many sources, including Republican
National Committee, and for failure to provide timely, accurate
and adequate notice to the Plaintiffs and other class members that
their private information has been stolen and was still
vulnerable, and for failure to provide timely, accurate and
adequate notice of precisely what specific types of private
information was stolen.
Deep Root Analytics, LLC operates a data firm located at 1600
Wilson Blvd., Suite 330, Arlington, Virgina 22209. [BN]
The Plaintiff is represented by:
David S. Oliver, Esq.
Jason A. Zimmerman, Esq.
Trace H. Jackson, Esq.
GRAY ROBINSON, P.A.
301 East Pine Street, Suite 1400
P.O. Box 3068
Orlando, FL 3268
Telephone: (407) 843-8880
Facsimile: (407) 244-5690
E-mail: david.oliver@gray-robinson.com
jason.zimmerman@gray-robinson.com
trace.jackson@gray-robinson.com
DILLARDS INC: Faces "Zboril" Suit Over Failure to Pay Overtime
--------------------------------------------------------------
Tamara Zboril, on behalf of herself and all others similarly
situated v. Dillards, Inc., Case No. 2:17-cv-00347-UA-CM (M.D.
Fla., June 21, 2017), is brought against the Defendants for
failure to pay overtime wages in violation of the Fair Labor
Standards Act.
Headquartered in Little Rock, Arkansas, Dillards, Inc. owns and
operates a department store chain with 330 stores in 28 states.
[BN]
The Plaintiff is represented by:
Bill B. Berke, Esq.
BERKE LAW FIRM, P.A.
4423 Del Prado Blvd. S.
Cape Coral, FL 33904
Telephone: (239) 549-6689
E-mail: berkelaw@yahoo.com
DISTRICT OF COLUMBIA: American Philosophical Seeks Tax Exemption
----------------------------------------------------------------
American Philosophical Association and American Anthropological
Association, on behalf of themselves and all others similarly
situated, Plaintiffs, v. District of Columbia, Office of the
Mayor, Defendant, Case No. 2017 CA 004057 (D.C. Sup., June 12,
2017), seeks preliminary and permanent injunction enjoining
Defendant from continuing to engage in its preferential tax
exemption scheme; damages and/or restitution; attorney's fees and
costs of this action; and such other and further relief under
Section 47-2005 of the D.C. Code.
American Philosophical Association is a non-profit organization
with a principal place of business at 31 Amstel Avenue, Newark,
Delaware 19716. It held its 2016 Eastern Division Meeting in the
District on January 6-9, 2016 at the Washington Marriott Wardman
Park Hotel and was charged thousands of dollars in sales taxes by
the hotel for its catering services and hotel taxes for rooms for
which the Association paid for this meeting.
American Anthropological Association is a non-profit organization
with a principal place of business at 2300 Clarendon Blvd., Suite
1301, Arlington, Virginia 22201. It held its 2014 Annual Meeting
on December 2-7, 2014, in the District at the Omni Shoreham Hotel
and at the Washington Marriott Wardman Park Hotel and was charged
more than ten thousand dollars in sales taxes by the Omni Shoreham
Hotel and the Wardman Park Hotel for catering services and audio-
visual services during this meeting, and thousands of dollars in
hotel taxes for rooms.
Plaintiffs claim that semipublic institutions may qualify for
sales tax exemption provided the organization has a
location/office in the District of Columbia. [BN]
The Plaintiff is represented by:
Silviia A. Strikis, Esq.
Rachel P. May, Esq.
KELLOGG, HANSEN, TODD, FIGEL & FREDERICK, P.L.L.C.
1615 M Street, N.W., Suite 400
Washington, DC 20036
Tel: (202) 326-7900
Email: sstrikis@kellogghansen.com
rmay@kellogghansen.com
- and -
Jeffrey A. Klafter, Esq.
Seth R. Lesser, Esq.
Alexis H. Castillo, Esq.
KLAFTER OLSEN & LESSER LLP
Two International Drive, Suite 350
Rye Brook, NY 10573
Telephone: (914) 934-9200
Facsimile: (914) 934-9220
ENTERPRISE HOLDINGS: Sued Over Failure to Properly Pay Employees
----------------------------------------------------------------
Griselda Garcia Quiroz and Vatche Labbad, individually and on
behalf of all others similarly situated v. Enterprise Holdings
Inc., Enterprise Rent-A-Car Company of Los Angeles, LLC, and Does
1-50, inclusive, Case No. BC665633 (Cal. Super. Ct., June 19,
2017), is brought against the Defendants for failure to provide
meal and rest breaks, failure to pay minimum and overtime wages,
and failure to pay all earned wages upon separation of employment.
The Defendants own and operate a car rental service company
throughout the United States. [BN]
The Plaintiff is represented by:
Vache A. Thomassian, Esq.
Caspar Jivalagian, Esq.
KTJ LAW GROUP LLP
230 N. Maryland Ave., Suite 306
Glendale, CA 91206
Telephone: (818) 507-8525
E-mail: caspar@kjtlaw.com
- and -
Christopher A. Adams, Esq.
ADAMS EMPLOYMENT COUNSEL
4740 Calle Carga
Camarillo, CA 93012
Telephone: (818) 425-1437
E-mail: ca@AdamsEmploymentCounsel.com
EVERGREEN REAL: Faces Hanover Suit in Ill. Over RLTO Violation
--------------------------------------------------------------
Hanover Insurance, Company, Lottie Berry and Derrick Owens,
individually and on behalf of all others similarly situated v.
Evergreen Real Estate, Services, LLC, Case No. 2017CH08425 (Ill.
Cir. Ct., June 16, 2017), is brought against the Defendants for
violation of the Residential Landlord and Tenant Ordinance,
specifically by failing to disclose the name and address of the
financial institution into which their and the class members'
security deposits were deposited, failing to give them and the
class members a security deposit receipt, failing to provide them
and the class members with a copy of the then current RLTO
summary, and failing to pay them and the class members with
interest on their security deposits in the manner required by the
RLTO.
Evergreen Real Estate, Services, LLC operates a real estate
company with its principal place of business in Illinois. [BN]
The Plaintiff is represented by:
Robert Marc Chemers, Esq.
Richard M. Burgland, Esq.
PRETZEL & STOUFFER, CHARTERED
One South Wacker Drive Suite 2500
Chicago, IL 60606
Telephone: (312) 578-7814
E-mail: rchemers@pretzel-stouffer.com
rburgland@pretzel-stouffer.com
FALL RIVER: Does Not Properly Pay Employees, "Pintor" Suit Claims
-----------------------------------------------------------------
Alvin Pintor, individually and on behalf of all others similarly
situated v. Fall River Group, Inc., d/b/a Fall River Manufacturing
Company, Case No. 2:17-cv-00865-PP (E.D. Wis., June 21, 2017),
arises form Fall River's common policy and practice of
impermissibly rounding the start and end times of its hourly
employees' work hours so as to deny such employees for
compensation for all hours worked thus, denying them with overtime
pay.
Fall River Group, Inc. is a manufacturing organization with
expertise in the art of foundering nonferrous alloys for national
sale out of its location in Fall River, Wisconsin. [BN]
The Plaintiff is represented by:
Larry A. Johnson, Esq.
Summer Murshid, Esq.
Timothy Maynard, Esq.
HAWKS QUINDEL, S.C.
222 East Erie, Suite 210 P.O. Box 442
Milwaukee, WI 53201-0442
Telephone: (414) 271-8650
Facsimile: (414) 271-8442
E-mail: ljohnson@hq-law.com
smurshid@hq-law.com
tmaynard@hq-law.com
FARRELL'S LIMOUSINE: "Lee" Claims Overtime Pay, Reimbursements
--------------------------------------------------------------
Gloria Lee, Individually and on Behalf of All Others Similarly
Situated, Plaintiff, v. Farrell's Limousine Service Corp.,
Farrells' Limousine Service, LLC, Farrell's Leasing Company, Inc.,
Marguerite Farrell, Patrick Farrell and Ursula Farrell, jointly
and severally, Defendants, Case No. 1:17-cv-03698 (E.D. N.Y., June
19, 2017), seeks to recover unpaid overtime premium pay owed to
her pursuant to both the Fair Labor Standards Act and the New York
Labor Law as well as claims for reimbursement of business
expenses, uniform and uniform maintenance reimbursements, and
failure to provide proper wage notices and wage statements.
Defendants have been in the car service business. Farrell's
Leasing Company, Inc. supplies vehicles for Farrells' Limousine
Service LLC. Plaintiff worked for the Defendants as a chauffeur.
Lee was allegedly not paid overtime premium for hours worked over
forty in a given workweek and was not reimbursed for certain
business expenses, including the cost of repairs, tickets,
accidents and for uniform purchase and maintenance expenses. Lee
was not provided proper wage statements with each of her wage
payments, says the complaint. [BN]
The Plaintiff is represented by:
Brent E. Pelton (BP 1055)
Taylor B. Graham (TG 9607)
PELTON GRAHAM LLC
111 Broadway, Suite 1503
New York, NY 10006
Telephone: (212) 385-9700
Email: pelton@peltongraham.com
graham@peltongraham.com
FEDEX GROUND: "Jameson" Alleges Misclassification, Seeks OT Pay
---------------------------------------------------------------
Huntley Jameson, Jordan Roy and Angel Sullivan-Blake, on behalf of
themselves and others similarly situated, Plaintiffs, v. Fedex
Ground Package System, Inc., Defendant, Case No. 3:17-cv-00987 (D.
Conn., June 15, 2017), seeks restitution for all unpaid overtime
owed to the drivers, liquidated damages and prejudgment interest,
litigation costs, expenses and attorneys' fees and such other and
further relief for violation of the Fair Labor Standards Act.
FedEx is engaged in the business of delivering packages nationwide
where Plaintiff worked as delivery drivers.
FedEx allegedly classified its delivery drivers as independent
contractors despite various state wage laws ruling otherwise. [BN]
The Plaintiff is represented by:
Richard E. Hayber, Esq.
HAYBER LAW FIRM, LLC
221 Main Street, Suite 502
Hartford, CT 06106
Tel: (860) 522-8888
Email: rhayber@hayberlawfirm.com
FOODBRIDGE LLC: "Islam" Suit Seeks OT Pay, Withheld Tips
--------------------------------------------------------
Mohammad M. Islam, Shobhan Kumar Kundu and Eustaquio Galicia-
Morales, on behalf of themselves, Plaintiffs and the Class,
Plaintiffs, v. Foodbridge LLC (d/b/a Printon 56), Let's Eat Bakery
Corp. d/b/a Andie's Pizza f/k/a Fresh 'N' Delish, Thomas A.
Printon, Guy Goldmeer, MD. Aminul Islam and Mohammad Russell,
Defendants, Case No. 1:17-cv-04601 (S.D. N.Y., June 19, 2017),
seeks unpaid minimum wages, unpaid overtime, unpaid compensation
due to off-the-clock work, illegally retained tips, liquidated
damages, unpaid spread of hours premium, statutory penalties and
attorneys' fees and costs pursuant to the New York Labor Law and
the Fair Labor Standards Act.
Mohammad M. Islam and Shobhan Kumar Kundu worked as delivery
personnel while Eustaquio Galicia-Morales worked as a cleaner.
[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
FRED'S INC: "Taylor" Class Lawsuit over FACTA Breaches Underway
---------------------------------------------------------------
Fred's, Inc. defends itself against a lawsuit entitled Tiffany
Taylor, individually and on behalf of others similarly situated,
v. Fred's Inc. and Fred's Stores of Tennessee, Inc., alleging
violations of the Fair and Accurate Credit Transactions Act,
according to the Company's Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
April 29, 2017.
On March 30, 2017, the lawsuit was filed in the United Stated
District Court for the Northern District of Alabama Southern
Division. The complaint alleges that the Company wrongfully and
willfully violated the Fair and Accurate Credit Transactions Act
("FACTA"). The complaint is filed as a Class Action, with the
class being open for five years before the date the complaint was
filed. The complaint seeks statutory damages, attorney's fees,
punitive damages, an injunctive order, and other such relief that
the court may deem just and equitable.
The Company has filed a motion to dismiss this complaint, and this
Motion is still pending before the court.
The Company said, "Future costs and liabilities related to this
case may have a material adverse effect on the Company; however,
the Company has not made an accrual for future probable losses
related to these claims as future losses are not considered
probable and an estimate is unavailable."
Fred's, Inc., together with its subsidiaries, sells general
merchandise through its retail discount stores and full service
pharmacies. The Company, through its stores, offers household
cleaning supplies, health products, beauty and personal care
products, disposable diapers, pet foods, paper products, various
food and beverage products, and pharmaceuticals to low, middle,
and fixed income families in small- to medium- sized towns. It
also sells general merchandise to franchised Fred's stores.
Fred's, Inc. was founded in 1947 and is headquartered in Memphis,
Tennessee.
FRED'S INC: "Wallace" Class Action Suit Still in Discovery Stage
----------------------------------------------------------------
The lawsuit captioned Melanie Wallace, Sascha Feliciano, and
Heather Tyler, on behalf of themselves and all others similarly
situated, v. Fred's Stores of Tennessee, Inc., is in the discovery
stage, according to Fred's, Inc.'s Form 10-Q filed on June 8, 2017
with the U.S. Securities and Exchange Commission for the quarterly
period ended April 29, 2017.
On April 11, 2017, the lawsuit was filed in the Superior Court of
Fulton County in the state of Georgia. The complaint alleges that
the Company wrongfully and willfully violated the Fair and
Accurate Credit Transactions Act ("FACTA"). The complaint is
filed as a Class Action. The complaint seeks statutory damages,
attorney's fees, punitive damages, and other such relief that the
court may deem just and equitable.
The Company is still completing the discovery stage of this
lawsuit, as no filing deadlines have been set at this time.
The Company said, "Future costs and liabilities related to this
case may have a material adverse effect on the Company; however,
the Company has not made an accrual for future probable losses
related to these claims as future losses are not considered
probable and an estimate is unavailable."
Fred's, Inc., together with its subsidiaries, sells general
merchandise through its retail discount stores and full service
pharmacies. The Company, through its stores, offers household
cleaning supplies, health products, beauty and personal care
products, disposable diapers, pet foods, paper products, various
food and beverage products, and pharmaceuticals to low, middle,
and fixed income families in small- to medium- sized towns. It
also sells general merchandise to franchised Fred's stores.
Fred's, Inc. was founded in 1947 and is headquartered in Memphis,
Tennessee.
GATHERAPP: Sent Unsolicited Text Messages, "Rehmet" Action Claims
-----------------------------------------------------------------
Ana Rehmet, on behalf of herself and all others similarly situated
v. GATHERAPP, Inc., Case No. 3:17-cv-03589 (N.D. Cal., June 21,
2017), is an action for damages, injunctive relief, and any other
available legal or equitable remedies, resulting from the illegal
actions of GATHERAPP in sending text messages to Plaintiff on her
cellular telephone, in violation of the Telephone Consumer
Protection Act.
GATHERAPP, Inc. is ostensibly a mobile application service which
connects friends with one another in the application. [BN]
The Plaintiff is represented by:
Geoff J. Spreter, Esq.
Benjamin D. Petiprin, Esq.
SPRETER & PETIPRIN, APC
601 3rd Street
Coronado, CA 92118
Telephone: (619) 865-7986
E-mail: geoff@spreterlaw.com
ben@spreterlaw.com
GEICO GENERAL: Seeks Eleventh Circuit Review of Order in A&M Suit
-----------------------------------------------------------------
Defendant GEICO General Insurance Company filed an appeal from a
court ruling in the lawsuit entitled A&M GERBER CHIROPRACTIC LLC,
a/a/o Conor Carruthers, on behalf of itself and all others
similarly situated v. GEICO General Insurance Company, Case No.
0:16-cv-62610-BB, in the U.S. District Court for the Southern
District of Florida.
As previously reported in the Class Action Reporter on June 21,
2017, the Hon. Beth Bloom certified this class:
All health care providers that received an assignment of
benefits from a claimant and thereafter, pursuant to that
assignment, submitted claims for no-fault benefits under
GEICO PIP policies to which Endorsement FLPIP (01-13)
applies, and any subsequent policies with substantially
similar language that were in effect since January 1, 2013,
where GEICO utilized the Code BA with respect to the
payment of any claims.
The appellate case is captioned as GEICO General Insurance Company
v. A & M Gerber Chiropractic, LLC, Case No. 17-90015, in the
United States Court of Appeals for the Eleventh Circuit.[BN]
Defendant-Petitioner GEICO GENERAL INSURANCE COMPANY is
represented by:
Michael E. Brand, Esq.
Omar Andres Giraldo, Esq.
Thomas L. Hunker, Esq.
Gregory L. Willis, Esq.
COLE SCOTT & KISSANE, PA
600 N Pine Island Rd., Suite 500
Ft. Lauderdale, FL 33324-1324
Telephone: (954) 473-1112
Facsimile: (954) 474-7979
E-mail: michael.brand@csklegal.com
omar.giraldo@csklegal.com
thomas.hunker@csklegal.com
Gregory.Willis@csklegal.com
Plaintiff-Respondent A&M GERBER CHIROPRACTIC LLC, a/a/o Conor
Carruthers, on behalf of itself and all others similarly situated,
is represented by:
Mark S. Fistos, Esq.
Steven R. Jaffe, Esq.
FARMER JAFFE WEISSING EDWARDS FISTOS & LEHMAN, PL
425 N Andrews Ave., Suite 2
Fort Lauderdale, FL 33301
Telephone: (954) 524-2820
Facsimile: (954) 524-2822
E-mail: mark@pathtojustice.com
steve@pathtojustice.com
- and -
Michael Trent Lewenz, Esq.
Todd S. Payne, Esq.
Edward H. Zebersky, Esq.
ZEBERSKY & PAYNE, LLP
110 SE 6th St., Suite 2150
Fort Lauderdale, FL 33301
Telephone: (954) 989-6333
Facsimile: (954) 989-7781
E-mail: mlewenz@zpllp.com
tpayne@zpllp.com
ezebersky@zpllp.com
GILMER LODGING: Fails to Pay Workers OT, "Klotz" Action Claims
--------------------------------------------------------------
Marlene Klotz, on behalf of herself and all others similarly
situated v. Rajesh Patel and Gilmer Lodging, Inc., Case No. 2:17-
cv-00512-JRG (E.D. Tex., June 20, 2017), is brought against the
Defendants for failure to pay overtime wages for work in excess of
40 hours per week.
The Defendants own and operate hotels, motels, inns, and other
lodging facilities around Texas. [BN]
The Plaintiff is represented by:
Shane McGuire, Esq.
THE MCGUIRE FIRM, PC
102 N. College Street, Suite 301
Tyler, TX 75702
Telephone: (903) 630-7154
Facsimile: (903) 630-7173
E-mail: shane@mcguirefirm.com
GIRARDI-KEESE: Faces "Fair" Suit in Cal. Over Toxic Contamination
-----------------------------------------------------------------
Richard Fair, an individual, on behalf of himself and all others
similarly situated v. Thomas V. Girardi, Girardi-Keese, and Does 1
through 100, Case No. BC665472 (Cal. Super. Ct., June 16, 2017),
arises out of the toxic contamination of land upon which the
Plaintiff's home was built.
The Defendants operate a law firm located at 1126 Wilshire Blvd,
Los Angeles, CA 90017. [BN]
The Plaintiff is represented by:
Peter R. Dion-Kindem, Esq.
THE DION-KINDEM LAW FIRM
21550 Oxnard Street, Suite 900
Woodland Hills, CA 91367
Telephone: (818) 883-4900
Facsimile: (818) 883-4902
E-mail: peter@dion-kindemlaw.com
GLIDE RITE: "Garcia" Suit Seeks to Recover Unpaid Overtime Wages
----------------------------------------------------------------
Maximo Garcia, on behalf of himself and others similarly situated
v. Glide Rite and Does 1 to 100, inclusive, Case No. BC665485
(Cal. Super. Ct., June 16, 2017), seeks to recover unpaid overtime
and damages pursuant to the California Labor Code.
Glide Rite develops and implements equipment repair, maintenance
and cleaning programs. [BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
Vincent C. Granberry, Esq.
Vanessa Kamau, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W. Olympic Blvd., Suite 200
Beverly Hills, CA 90211
Telephone: (310) 432-0000
Facsimile: (310) 432-0001
GREAT AMERICAN: Overtime Pay Sought in "Giron" Labor Suit
---------------------------------------------------------
Jose Candido Cruz Giron a/k/a Luis Hernandez, Plaintiff, v. Great
American Corporation d/b/a Dutch Mill Catering, Meseretu Amare,
Daniel Amare, Defendants, Case No. 4066 (D.C. Sup., June 12,
2017), seeks unpaid overtime wages, plus liquidated damages,
prejudgment and post-judgment, attorney's fees and expenses and
any additional relief pursuant to the District of Columbia Wage
Payment and Collection Law and the Maryland Wage Payment and
Collection Law.
Plaintiff Cruz Giron worked at Defendants' kitchen located at 2335
Bladensburg Drive NE, Washington, DC 20018 as a kitchen staff
cutting vegetables and meats, cooking and cleaning the kitchen.
[BN]
The Plaintiff is represented by:
Justin Zelikovitz, Esq.
DCWAGELAW
519 H Street NW
Washington, DC 20001
Phone: (202) 803-6083
Fax: (202) 683-6102
Email: justin@dcwagelaw.com
HARRIS COUNTY: High Court Rejects Bid to Stop Release of Inmates
----------------------------------------------------------------
Cameron Langford, writing for Courthouse News Service, reported
that the U.S. Supreme Court in June denied Harris County's request
for a stay of a federal judge's order for it to promptly release
misdemeanor defendants who cannot afford cash bail from jail.
Harris County asked the Supreme Court to stay the order after the
Fifth Circuit lifted a stay on U.S. District Judge Lee Rosenthal's
ruling that found the county's bail system unconstitutionally
jails misdemeanor arrestees only because they cannot afford to
post bond.
Justice Clarence Thomas denied the county's stay application
without explanation. Thomas handles appeal requests from the New
Orleans-based Fifth Circuit.
Rosenthal issued a preliminary injunction ordering Harris County
to start releasing misdemeanor defendants within 24 hours of their
arrest on unsecured bonds, with no cash up front, starting on May
15. But an appeal from Harris County prompted the Fifth Circuit
to stay the order on May 12.
The Harris County Sheriff's Office said it will start releasing
misdemeanor arrestees. Up to 177 of them qualify for release
under Rosenthal's order.
Those detainees account for 2 percent of the county jail's 8,800
inmates, the sheriff's office told local media.
In its appeal to the U.S Supreme Court, Harris County argued that
Rosenthal's order to "immediately release without sufficient
surety untold numbers of potentially dangerous arrestees is
certain to cause irreparable harm."
The county, its 16 criminal court judges and five hearing officers
who set bail at probable cause hearings are defendants in the
class action that appears to be headed to trial as the county's
attorneys claim Rosenthal's order conflicts with Texas law, which
gives judges discretion to set cash bail.
Lead plaintiff Maranda ODonnell, 23, sued Harris County in May
2016 after she was arrested on a misdemeanor charge of driving
with an invalid license and held for two days in jail after a
magistrate judge set her bail at $2,500. She says her detention
prevented her from working a new restaurant job she needed to care
for her young daughter.
ODonnell is represented by the Austin-based Texas Fair Defense
Project, the Civil Rights Corps, a Washington firm, and the
Houston firm Susman Godfrey.
Harris County, the third most populous in the United States, has
spent more than $2 million on outside counsel defending against
the lawsuit, despite reforms it has in the works that its
attorneys say will moot ODonnell's claims and make the county the
"gold standard" for bail administration in a nation increasingly
aware of the harmful effects of incarceration.
On July 1, the county was scheduled to launch a risk-assessment
tool, a computer program that will rate a defendant's risk of
committing more crimes or not showing up for court while out on
bail, and make bond recommendations within 30 minutes of an
arrest. Also that day, the county was to start a pilot program
where public defenders advise defendants at probable cause
hearings, where bail is set.
INT'L LONGSHOREMEN'S: Sued for Breach of Operating Agreement
------------------------------------------------------------
Jabbar A. Jacobs, individually and on behalf of all others
similarly situated v. International Longshoremen's Association
Independent Local 1402 of Tampa, Florida and Vacinity, Inc., Case
No. 8:17-cv-01454-CEH-AEP (Fla. Cir. Ct., June 19, 2017), is
brought on behalf of all former members of the International
Longshoremen's Association Independent Local 1759 ("ILA 1759") who
were merged into and become members of the ILA 1402, and who are
entitled to the rights and privileges as full members of the ILA
1402. The suit asserts breach of the Merger and Operating
Agreement, specifically by failing to provide all the rights and
benefits to those members of the ILA 1759 who were absorbed by the
ILA 1402.
The Defendants operate longshoremen unions overseeing the
opportunities and welfare of their respective members in the
Tampa-Port Manates Area. [BN]
The Plaintiff is represented by:
Jason Whittemore, Esq.
WAGNER MCLAUGHLIN, P.A.
601 Bayshore Blvd., Suite 910
Tampa, FL 33606
Telephone: (813) 225-4000
E-mail: Jason@WagnerLaw.com
INTERNATIONAL PAPER: To Settle Kleen Products Suit for $354M
------------------------------------------------------------
Courthouse News Service reported that International Paper said it
agreed to pay $354 million to settle a class-action lawsuit in
Chicago filed by Kleen Products alleging price-fixing of
containerboard products.
Plaintiffs on June 27 filed a Motion on behalf of Plaintiff Class
Representatives for preliminary approval of a settlement agreement
between Plaintiffs and the settling defendants International Paper
Company, Temple-Inland Inc., now known as Temple-Inland LLC, and
TIN Inc., now known as TIN LLC, and Weyerhaeuser Company.
Pursuant to the Settlement Agreement, International Paper has
agreed to pay Plaintiffs $354,000,000. International Paper will
deposit $200,000 of this sum within three business days of the
Court granting the Motion, and the remaining $353,800,000 on or
before August 1, 2017. Once deposited, the funds will be invested
in instruments backed by the full faith and credit of the United
States Government or fully insured by the United States Government
or an agency thereof, including a U.S. Treasury Money Market Fund
or a bank account insured by the FDIC up to the guaranteed FDIC
limit.
The Settling Defendants' Containerboard Products sales remain in
the case and the remaining non-settling Defendants, Georgia-
Pacific LLC and WestRock CP, LLC, formerly known as Smurfit-Stone
Container Corporation, are jointly and severally liable for any
amounts awarded at trial (subject to reduction for the amount of
this and the prior settlements).
The class representatives are Kleen Products LLC, R.P.R.
Enterprises, Inc., Mighty Pac, Inc., Ferraro Foods, Inc., Ferraro
Foods of North Carolina, LLC, MTM Packaging Solutions of Texas,
LLC, RHE Hatco, Inc., and Chandler Packaging, Inc.
Michael J. Freed of Freed Kanner London & Millen LLC and Daniel J.
Mogin of The Mogin Law Firm, P.C. were appointed as Co-Lead
Counsel. The Mogin Law Firm, P.C. is now MoginRubin LLP.
The case is captioned, KLEEN PRODUCTS LLC, et al., individually
and on behalf of all those similarly situated, Plaintiffs, v.
INTERNATIONAL PAPER CO., et al., Defendants. Case: 1:10-cv-05711
(N.D. Ill. June 27, 2017).
Co-Lead Class Counsel:
Michael J. Freed, Esq.
Robert J. Wozniak, Esq.
FREED KANNER LONDON & MILLEN LLC
2201 Waukegan Road, Ste. 130
Bannockburn, IL 60015
Tel: (224) 632-4500
E-mail: mfreed@fklmlaw.com
rwozniak@fklmlaw.com
- and -
Daniel J. Mogin, Esq.
Jodie Williams, Esq.
MOGINRUBIN LLP
707 Broadway, Ste. 1000
San Diego, CA 92101
Tel: (619) 687-6611
E-mail: dmogin@moginrubin.com
jwilliams@moginrubin.com
JDF CONSTRUCTION: Faces "Garcia" Suit Over Failure to Pay OT
------------------------------------------------------------
Mario Garcia, Able Galicia, and Eduardo Martinez, each
individually and on behalf of all others similarly situated and
the California general public v. J.D.F. Construction, Fitzhauer
Construction, Inc., Neil Ryan Villhauer, John Fitzmaurice, Doe 1
through 100, inclusive, Case No. BC665401 (Cal. Super. Ct., June
16, 2017), is brought against the Defendants for failure to pay
overtime wages and failure to provide required meal and rest
periods.
The Defendants own and operate a construction company located at
1114 E Truslow Ave, Fullerton, CA 92831. [BN]
The Plaintiff is represented by:
Stephen Glick, Esq.
M. Anthony Jenkins, Esq.
LAW OFFICES OF STEPHEN GLICK
1055 Wilshire Boulevard, Suite 1480
Los Angeles, CA 90017
Telephone: (213) 387-3400
Facsimile: (213) 387-7872
JETSMARTER INC: "Lamey" Suit Seeks to Recover Unpaid OT Wages
-------------------------------------------------------------
Grace Lamey, on behalf of herself and others similarly situated v.
Jetsmarter, Inc. and Sergey Petrossov, Case No. 0:17-cv-61217-BB
(S.D. Fla., June 20, 2017), seeks to recover unpaid overtime
compensation, liquidated damages, and costs and reasonable
attorneys' fees under the Fair Labor Standards Act.
Jetsmarter, Inc. owns and operates a business specializing in
providing shared flight services to customers flying to more than
150 countries throughout the United States, Europe, and the Middle
East. [BN]
The Plaintiff is represented by:
Keith M. Stern, Esq.
Hazel Solis Rojas, Esq.
LAW OFFICE OF KEITH M. STERN, P.A.
One Flagler
14 NE 1st Avenue, Suite 800
Miami, FL 33132
Telephone: (305) 901-1379
Facsimile: (561) 288-9031
E-mail: employlaw@keithstern.com
hsolis@workingforyou.com
JEWELRY CHANNEL: Kabbash Appeals W.D. Texas Decision to 5th Cir.
----------------------------------------------------------------
Plaintiff Lianna Kabbash filed an appeal from a court ruling
entered in her lawsuit styled Lianna Kabbash v. The Jewelry
Channel, Inc. USA, Case No. 1:16-CV-212, in the U.S. District
Court for the Western District of Texas, Austin.
As previously reported in the Class Action Reporter on June 14,
2017, Judge Sam Sparks denied the Plaintiff's motion for class
certification. The Plaintiff's original complaint alleged three
claims for a nationwide class: (i) negligent misrepresentation,
(ii) intentional misrepresentation, (iii) and unjust enrichment.
The appellate case is captioned as Lianna Kabbash v. The Jewelry
Channel, Inc. USA, Case No. 17-90020, in the U.S. Court of Appeals
for the Fifth Circuit.
According to the briefing schedule in the Appellate Case,
response/opposition to the Plaintiff's opposed motion for
permission to appeal was due July 3, 2017.[BN]
Plaintiff-Petitioner LIANNA KABBASH, on behalf of herself and all
others similarly situated, is represented by:
Gregory F. Coleman, Esq.
GREG COLEMAN LAW PC
First Tennessee Plaza
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: (865) 247-0080
Facsimile: (865) 522-0049
E-mail: greg@gregcolemanlaw.com
- and -
Eric H. Gibbs, Esq.
GIBBS LAW GROUP LLP
505 14th Street
Oakland, CA 94612
Telephone: (510) 350-9700
Facsimile: (510) 350-9701
E-mail: ehg@classlawgroup.com
- and -
Paula Knippa, Esq.
SLACK & DAVIS, L.L.P.
2705 Bee Cave Road
Austin, TX 78746
Telephone: (512) 795-8686
Facsimile: (512) 795-8787
E-mail: pknippa@slackdavis.com
Defendant-Respondent THE JEWELRY CHANNEL, INCORPORATED USA, doing
business as Liquidation Channel, is represented by:
Bryan Russell Horton, Esq.
GEORGE BROTHERS KINCAID & HORTON, L.L.P.
114 W. 7th Street
Norwood Tower
Austin, TX 78701
Telephone: (512) 495-1400
E-mail: rhorton@gbkh.com
- and -
David Philip Whittlesey, Esq.
ANDREWS KURTH, L.L.P.
111 Congress Avenue
Austin, TX 78701
Telephone: (512) 320-9200
E-mail: dwhittlesey@akllp.com
KEN'S SPRAY: Sued Over Failure to Pay Minimum and Overtime Wages
----------------------------------------------------------------
Mauricio Gracia, on behalf of himself and others similarly
situated v. Ken's Spray Equipment, Inc. d/b/a Alloy Processing,
Ken's Spray Equipment, Inc., and Does 1 to 100, Inclusive, Case
No. BC665549 (Cal. Super. Ct., June 19, 2017), is brought against
the Defendants for failure to pay minimum and overtime wages in
violation of the California Labor Code.
Ken's Spray Equipment, Inc. is in the business of providing metal
coating and allied services. [BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
Vincent C. Granberry, Esq.
Vanessa Kamau, Esq.
LAVI & EBREHIMIAN, LLP
8889 W. Olympic Blvd., Suite 200
Beverly Hills, CA 90211
Telephone: (310) 432-0000
Facsimile: (310) 432-0001
LATARA ENTERPRISES: "Enriquez" Sues Over Missed Meal Breaks
-----------------------------------------------------------
Raquel Enriquez, an individual, on behalf of himself and all
others similarly situated, Plaintiff, v. Latara Enterprises, Inc.
(d/b/a Foundation Laboratory) and Does 1 through 100, Defendants,
Case No. BC664590 (Cal. Super., June 12, 2017), seeks redress for
Defendant's failure to authorize or permit required rest periods,
waiting time penalties, statutory penalties for failure to provide
accurate wage statements, injunctive relief and other equitable
relief, reasonable attorney's fees and costs and interest pursuant
to California Labor Code and the Unfair Competition Law.
Defendants operate 73 patient service centers where patients come
in to have their blood drawn and have it tested. Plaintiff worked
as a phlebotomist. [BN]
Plaintiffs are represented by:
Paul K. Haines, Esq.
Tuvia Korobkin, Esq.
Sean M. Blakely, Esq.
HAINES LAW GROUP, APC
2274 East Maple Ave.
El Segundo, CA 90245
Tel: (424) 292-2350
Fax: (424) 292-2355
Email: phaines@haineslawgroup.com
skorobkin@haineslawgroup.com
sblakely@haineslawgroup.com
MACY'S WEST: "Boyce" Sues for Unpaid Wages, Denied Breaks
----------------------------------------------------------
John Boyce and Cherise A. Oglesby, individually, and on behalf of
all other similarly situated aggrieved employees, Plaintiffs, v.
Macy's West Stores, Inc., and Does 1 through 100, inclusive,,
Defendants, Case No. BC664763 (Cal. Super., June 12, 2017), seeks
unpaid wages and interest thereon for failure to pay for all hours
worked and minimum wage rate, failure to authorize or permit
required meal periods, failure to authorize or permit required
rest periods, statutory penalties for failure to provide accurate
wage statements, injunctive relief and other equitable relief,
reasonable attorney's fees pursuant to California Labor Code, and
costs and interest.
Defendant operates retail stores all over California where
Plaintiffs worked as store personnel. [BN]
The Plaintiff is represented by:
Scott Edward Cole, Esq.
Kevin Francis Barrett, Esq.
Teresa Allen, Esq.
SCOTT COLE & ASSOCIATES APC
1970 Broadway Ninth Floor
Oakland, CA 94612
Tel: (510) 891-9800
Fax: (510) 891-7030
Email: scole@scalaw.com
kbarrett@scalaw.com
tallen@scalaw.com
MAG MOTORS: "Komitor" Seeks Proper Wages, Sues for Retaliation
--------------------------------------------------------------
Scott Komitor, individually, and on behalf of others similarly
situated, Plaintiff, v. MAG Motors III, Inc. and Michael A.
Grieco, individually, Defendants, Case No. 0:17-cv-61215 (S.D.
Fla., June 19, 2017), seeks reinstatement, promotion, lost wages,
front pay, compensatory damages, pre-judgment interest, and
punitive damages pursuant to the Fair Labor Standards Act as well
as other further relief, court costs and attorney's fees.
Komitor worked as automobile salesperson who worked for MAG Motors
III, Inc., a conglomerate of related persons and entities who
together own and operate at least eight automobile dealerships in
Florida and another eight in Rhode Island and Massachusetts.
Plaintiff worked under a commission basis, depending upon the
number of automobiles sold. He routinely worked approximately
seventy to eighty hours per week or more just to make commissions
but bottom line, the rate per hour falls below minimum wage rates.
Defendants allegedly terminated Komitor for airing out these
concerns. [BN]
Plaintiffs are 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
MAINE: Residents Sue over Looming Government Shutdown
-----------------------------------------------------
Zack Huffman, writing for Courthouse News Service, reported that
worried that Maine Gov. Paul LePage will cause a state government
shutdown on June 24, a class of residents in Bangor, Maine who
depend on public-assistance programs have asked a federal judge to
intervene in the budget-negotiating impasse.
LePage explained on June 29, when the suit against him was being
filed, that a shutdown would eliminate all state services but
essential ones, such as the state police, prisons and state parks.
At press time on June 30 afternoon, the governor remains committed
not to sign the Legislature's budget.
In their bid for an emergency injunction, seven anonymous
residents say a shutdown would suspend several federally funded
social-safety programs such as the state's Medicaid program and
food-stamp program, cutting off benefits to the 450,000 Mainers
who rely on the services.
"This decision not only is causing and will cause severe and
irreparable harm to the Plaintiffs, but it is also unlawful," the
complaint states. "Under federal law, once having opted to
participate in federal public assistance programs, the state is
legally bound to comply with certain federal requirements,
including the timely processing of applications and the timely
provision of assistance to eligible persons."
U.S. District Judge Jon Levy was scheduled to hold a hearing on
the motion for a temporary restraining order Friday at 1 p.m., but
a docket entry shows that the meeting was abruptly canceled.
A written status report regarding the motion is due on July 14.
LePage, a Republican who rode the 2010 Tea Party wave into the
governor's office, has pledged not to sign any budget from the
Democrat-led Legislature that raises taxes in any way.
The state's fiscal year ended June 30. As of press time, the
Legislature's latest budget includes an increase in the state's
lodging tax from 9 percent to 10.5 percent, which was enough for
LePage to announce that he would not sign it, essentially
triggering the shutdown.
There is still a possibility of a last-second change in the budget
to avoid a shutdown. Laying blame for the budget crisis at the
feet of the Democrat-controlled Legislature, LePage issued a
statement that noted that he was still fine-tuning which offices
the shutdown would affect.
"The Legislature has had six months to address the budget I sent
to them. Now we are in the eleventh hour and liberal Democrats
have still refused to budge, which will lead to a government
shutdown," LePage said in a statement. "These Democrats are not
interested in a budget that benefits hard-working Maine taxpayers.
They are being controlled by labor union bosses and radical
activists at the Maine People's Alliance."
The plaintiffs are represented by Jack Comart of the Maine Equal
Justice Partners and Jeffrey Neil Young and Valerie Wicks of
Johnson, Webbert & Young LLP.
The case is captioned, S. D., Y.M through her mother and guardian,
J.M, S.R., K.D., S.D., C.B and M.R., on behalf of themselves and
all other similarly situated individuals, Plaintiffs, v. PAUL R.
LEPAGE, in his official capacity
as Governor, State of Maine, and RICKER HAMILTON, in his official
capacity as Acting Commissioner, Maine Department of Health and
Human Services, Defendants. Case 1:17-cv-00245-JDL (D. Maine, June
29, 2017).
Attorneys for Plaintiffs:
Jack Comart, Esq.
MAINE EQUAL JUSTICE PARTNERS
126 Sewall Street
Augusta, ME 04330-6822
Tel: (207) 626-7058, ext. 202
E-mail: jcomart@mejp.org
- and -
Jeffrey Neil Young Esq.
Valerie Zabel Wicks, Esq.
JOHNSON, WEBBERT & YOUNG, LLP
160 Capitol Street, Suite 3
Augusta, ME 04332
Tel: (207) 623-5110
E-mail: jyoung@work.law
vwicks@work.law
MAPLEWOOD, MO: Seeks 8th Cir. Review of Memo/Order in "Webb" Suit
-----------------------------------------------------------------
Defendant City of Maplewood filed an appeal from the District
Court's memorandum & order dated June 5, 2017, in the lawsuit
styled Cecelia Webb, et al. v. City of Maplewood, Case No.
4:16-cv-01703-CDP, in the U.S. District Court for the Eastern
District of Missouri - St. Louis.
As previously reported in the Class Action Reporter, the nonprofit
firm ArchCity Defenders alleges that Maplewood has implemented and
enforced a racially biased bail system that exploits poor people
to generate revenue.
The lawsuit alleges that the system has been an open secret within
the metro area -- one that has the poor actively avoiding the St.
Louis suburb. According to the suit, the system requires anyone
contacting the city to cancel an arrest warrant to first pay up.
A voicemail recording announces that they need to make a cash
payment before taking any further steps.
The appellate case is captioned as Cecelia Webb, et al. v. City of
Maplewood, Case No. 17-2381, in the United States Court of Appeals
for the Eighth Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Appendix is due on July 31, 2017;
-- BRIEF OF APPELLANT City of Maplewood is due on July 31,
2017;
-- Appellee brief is due 30 days from the date the Court
issues the Notice of Docket Activity filing the brief of
appellant; and
-- Appellant reply brief is due 14 days from the date the
court issues the Notice of Docket Activity filing the
appellee brief.[BN]
Plaintiffs-Appellees Cecelia Roberts Webb, Darron Yates, Robert
Eutz, Anthony Lemicy, Krystal Banks and Frank Williams,
individually and on behalf of all others similarly situated, are
represented by:
Nathaniel R. Carroll, Esq.
HOSMER & KING
313 S. Glenstone
P.O. Box 1245
Springfield, MO 65801-1245
Telephone: (417) 869-9999
- and -
Thomas B. Harvey, Esq.
Blake A. Strode, Esq.
Michael-John Voss, Esq.
ARCH CITY DEFENDERS
812 N. Collins
Saint Louis, MO 63102
Telephone: (314) 361-8834
E-mail: tharvey@archcitydefenders.org
bstrode@archcitydefenders.org
mjvoss@archcitydefenders.org
- and -
Jeffrey D. Kaliel, Esq.
TYCKO & ZAVAREEI LLP
1828 L Street NW, Suite 1000
Washington, DC 20036
Telephone: (202) 973-0900
Facsimile: (202) 973-0950
E-mail: Jkaliel@tzlegal.com
Defendant-Appellant City of Maplewood is represented by:
Jeffrey Joseph Brinker, Esq.
Gary Phillip Paul, Esq.
John M. Reeves, Esq.
BRINKER & DOYEN
34 N. Meramec Avenue, 5th Floor
Saint Louis, MO 63105-0000
Telephone: (314) 863-6311
E-mail: jbrinker@brinkerdoyen.com
gpaul@brinkerdoyen.com
jreeves@brinkerdoyen.com
MCDONALD'S CORP: Deslandes Sues over No-Poaching Franchise Policy
-----------------------------------------------------------------
Lorraine Bailey, writing for Courthouse News Service, reported
that McDonald's employees filed a class action in Chicago, against
the fast-food chain over its no-poaching policy prohibiting one
franchise from hiring employees of another franchise for a six-
month period.
Leinani Deslandes was employed as a mid-level manager at a Florida
McDonald's making $12 an hour when she applied to another
McDonald's restaurant that paid substantially more for the same
position -- $14.75 an hour after a 90-day probation period -- and
offered better promotion opportunities. But she says she was
rejected for the job because the restaurant could not hire her
unless she was "released" by her current franchise owner.
The terms of the McDonald's franchise agreement prohibits
franchisees from "poaching" other McDonald's employees if they
have been employed by another McDonald's restaurant within the
past six months.
Deslandes claims her employer refused to release her to work at
the better-paying job, and denied her a raise. Ultimately,
Deslandes quit her job and was forced to take an entry-level
position in another industry, she says.
Her class-action lawsuit, filed on June 28, in Chicago federal
court, asserts that McDonald's no-poaching policy restricts wage
competition and suppresses employees' pay.
"The collusion of employers to refrain from hiring each other's
employees restricts employee mobility. This raises employers'
power in the market at the expense of employees and diminishes
employee bargaining power," the complaint states.
This is especially true given that McDonald's employees' skills
are most valuable to other McDonald's restaurants, the lawsuit
adds.
"This agreement, far from being a 'commitment to [its] people,'
instead harmed employees by lowering salaries and benefits they
otherwise would have commanded in an open marketplace, and
deprived such employees of better job growth opportunities,"
Deslandes says.
The average wage of a fast-food worker is $9.09 per hour, which
only amounts to $19,000 per year, far below the poverty level for
a family of four, which is $23,850.
Deslandes' attorney, Richard McCune with McCune Wright Arevalo,
compared McDonald's policy to wage-slavery.
"This practice of 'owning' an employee not only affected Ms.
Deslandes and other employees where their franchise owner will not
'release' them, but it artificially holds down the wages of all of
the McDonald's workers that are being paid less than their true
market value and are struggling to make ends meet," McCune said in
a statement. "Meanwhile, McDonald's stockholders, executives and
franchise owners are getting rich off the backs of these workers.
This is unfair, and a practice that should not be allowed to
continue."
The proposed class seeks damages for alleged antitrust violations
and an injunction forcing McDonald's to stop enforcing the
restrictive policy.
In addition to McCune, the class is also represented by Derek
Brandt with Brandt Law in Edwardsville, Ill., and Jason K.
Whittemore with Wagner McLaughlin in Tampa.
McDonald's did not immediately respond on June 30 to a request for
comment.
The case is captioned, LEINANI DESLANDES, on behalf of herself and
all others similarly situated, Plaintiff, v. McDONALD'S USA, LLC,
a Delaware limited liability company, McDONALD'S CORPORATION, a
Delaware corporation; and DOES 1 through 10, inclusive,
Defendants, Case No. 1:17-cv-04857 (N.D. Ill. June 28, 2017).
Attorneys for Plaintiff:
Derek Y. Brandt, Esq.
BRANDT LAW LLC
P.O. Box 487
Edwardsville, IL 62025
Tel: (618) 307-6116
Fax: (618) 307-6161
E-mail: derek@brandtlawllc.com
- and -
Richard D. McCune, Esq.
Michele M. Vercoski, Esq.
Emily J. Kirk, Esq.
MCCUNE WRIGHT AREVALO, LLP
3281 E. Guasti Road, Suite 100
Ontario, CA 91761
Tel: (909) 557-1250
Fax: (909) 557-1275
E-mail: rdm@mccunewright.com
mmv@mccunewright.com
ejk@mccunewright.com
- and -
Jason K. Whittemore, Esq.
WAGNER MCLAUGHLIN, P.A.
601 Bayshore Blvd., Suite 910
Tampa, FL 33606-2786
Tel: (813) 225-4000
Fax: (813) 487-1007
E-mail: Jason@wagnerlaw.com
MEO JAPANESE: "Zai" Seeks Overtime, Spread-of-Hours Pay, Tips
-------------------------------------------------------------
Zai You Zhu and Xiao Cheng, Individually and on behalf of all
other employees similarly situated, Plaintiffs, v. Meo Japanese
Grill and Sushi Inc. (d/b/a Me-O Japanese Hibachi), Rafael Kasaev,
Michael Musheyev and Hananya Aranbaiev, Defendants, Case No. 1:17-
cv-03521 (E.D. N.Y., June 12, 2017), seeks to recover unpaid
overtime wages, liquidated damages, prejudgment and post-judgment
interest and attorneys' fees and costs pursuant to New York Labor
Law as well as unpaid "spread of hours" premium, compensation for
failure to provide wage notice at the time of hiring and failure
to provide paystubs and unlawful gratuity deductions pursuant to
the NY Wage Theft Prevention Act.
Defendants own and operate a restaurant, Me-O Japanese Hibachi, in
Queens located at 185-01 Union Turnpike, Fresh Meadows, New York,
11366 where Plaintiffs worked as chefs. [BN]
Plaintiff is represented by:
Jian Hang, Esq.
Hang & Associates, PLLC
136-18 39th Ave., Suite 1003
Flushing, NY 11354
Tel: (718) 353-8588
Email: jhang@hanglaw.com
MICHAEL HUERTA: "Reichert" Suit Seeks Refund of Registration Fee
----------------------------------------------------------------
Michael Reichert, Plaintiffs, v. Michael P. Huerta, as
administrator, Federal Aviation Administration, Defendant, Case
No. 4:17-cv-00389 (E.D. Ark., June 12, 2017), is a class action
seeking refund of a $5 registration fee, destruction of all
records collected or created, removal of any reference to member's
registration and all costs, disbursements and reasonable
attorneys' fees incurred pursuant to the Federal Aviation
Administration (FAA) Modernization and Reform Act of 2012.
Michael Reichert and other members of the proposed Class of all
owners of model aircrafts, registered their model aircraft with
the FAA, registered their model aircrafts online, gave their
personal information and paid a $5 registration fee. On May 19,
2017, the U.S. Appeals Court for the District of Columbia vacated
the 2015 Registration Rule which applies to model aircrafts. [BN]
Plaintiff is represented by:
Randall K. Pulliam, Esq.
Joseph Henry Bates, Esq.
Allen Carney, Esq.
CARNEY BATES & PULLIAM, PLLC
519 West 7th Street
Little Rock, AR 72201
Telephone: (501) 312-8500
Facsimile: (501) 312-8505
Email: acarney@cbplaw.com
rpulliam@cbplaw.com
hbates@cbplaw.com
MRS BPO LLC: "Guarasci" Disputes Illegal Collection Letter
----------------------------------------------------------
Michael Guarasci, individually and on behalf of all others
similarly situated, Plaintiff, v. MRS BPO, LLC, Defendant, Case
No. 2:17-cv-03679 (E.D. N.Y., June 19, 2017), seeks damages,
attorneys' fees and costs and such other relief for violation of
the Fair Debt Collection Practices Act.
Defendant alleges that Plaintiff defaulted on a debt it owes.
MRS BPO contacted Plaintiff by letter that fails to identify by
name and label any entity as "creditor," "original creditor,"
"current creditor," "account owner," or "creditor to whom the debt
is owed."
MRS BPO, LLC is a debt collector based in Camden County, New
Jersey.
Plaintiff is represented by:
Craig B. Sanders, Esq.
BARSHAY SANDERS, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Tel: (516) 203-7600
Fax: (516) 706-5055
Email: csanders@barshaysanders.com
NATIONWIDE LIFE: Faces "Schmitt" Suit over Asset-Based Fees
-----------------------------------------------------------
Courthouse News Service reported that a class claims in a federal
lawsuit in Columbus, Ohio, that Nationwide unlawfully charges
401(k) participants and beneficiaries excessive asset-based fees
for recordkeeping and administrative services.
The case is captioned, ALANA SCHMITT, Individually and as
representatives of a class of participants and beneficiaries on
behalf of the Andrus Wagstaff, PC 401(k) Profit Sharing Plan and
all other similarly situated individual account retirement plans,
6640 West 54th Place Arvada CO 80002S Plaintiff, vs. NATIONWIDE
LIFE INSURANCE COMPANY c/o CORPORATION SERVICE COMPANY 50 WEST
BROAD STREET SUITE 1330 COLUMBUS OH 43215 and NATIONWIDE BANK c/o
W. SIDNEY DRUEN, ONE NATIONWIDE PLZ COLUMBUS, OH 43216 and
NATIONWIDE BANK c/o CORPORATION SERVICE COMPANY 50 WEST BROAD
STREET SUITE 1330 COLUMBUS OH 43215 And NATIONWIDE TRUST COMPANY,
FSB c/o CORPORATION SERVICE COMPANY 50 WEST BROAD STREET SUITE
1330 COLUMBUS OH 43215 and NATIONWIDE TRUST COMPANY, FSB
c/o W. SIDNEY DRUEN ONE NATIONWIDE PLZ COLUMBUS,OH 43216
Defendants. Case: 2:17-cv-00558-ALM-KAJ (S.D. Ohio, June 27,
2017).
Attorney for Plaintiff:
John A. Smalley, Esq.
DYER, GAROFALO, MANN & SCHULTZ
131 N. Ludlow Street, Suite 1400
Dayton, Ohio 45402
Tel: (937) 223-8888
Fax: (937) 226-9436
E-mail: jsmalley@dgmslaw.com
- and -
Frank Azar, Esq.
Paul R. Wood, Esq.
FRANKLIN D. AZAR & ASSOCS.
14426 East Evans Ave
Aurora, CO 80014
Tel: (303)-757-3300
Fax: (303)-757-3206
E-mail: woodp@fdazar.com
ORACLE CORPORATION: Sued in Cal. Over Gender Discrimination
-----------------------------------------------------------
Rong Jewett and Sophy Wang, individually and on behalf of all
others v. Oracle Corporation, Case No. 17CV02669 (Cal. Super. Ct.,
June 16, 2017), arises out of the Defendant's discrimination
against its female employees by systematically paying them lower
wage rates than it pays to male employees performing substantially
similar work under similar working conditions.
Oracle Corporation develops and markets software and hardware
products and also sells services related to those products. [BN]
The Plaintiff is represented by:
James M. Finberg, Esq.
Eve Cervantez, Esq.
Peder J. Thoreen, Esq.
P. Casey Pitts, Esq.
Connie K. Chan, Esq.
ALTSHULER BERZON LLP
177 Post Street, Suite 300
San Francisco, CA 94108
Telephone: (415) 421-7151
Facsimile: (415) 362-8064
E-mail: jfinberg@altshulerberzon.com
ecervantez@altshulerberzon.com
pthoreen@altshulerberzon.com
cpitts@altshulberzon.com
cchan@altshulerberzon.com
PENNSYLVANIA: Credit Union Sued Over Vehicle Repossession Policy
----------------------------------------------------------------
Codey Farley, individually and on behalf of all others similarly
situated v. Pennsylvania State Employees Credit Union, Case No.
170601889 (Phil. Comm. Pleas, June 16, 2017), seeks to redress
Defendant's systemic violations of Pennsylvania's Uniform
Commercial Code, specifically, by providing consumers with proper
notice when repossessing and reselling a financed vehicle.
Pennsylvania State Employees Credit Union is a federally chartered
credit union, with a headquarters at One Innovation Way,
Harrisburg, PA 17110. [BN]
The Plaintiff is represented by:
Cary L. Flitter, Esq.
Andrew M. Milz, Esq.
FLITTER MILZ, P.C.
450 N. Narberth Avenue, Suite 101
Narberth, PA 19072
Telephone: (610) 822-0782
E-mail: consumers@consumerslaw.com
POINT 2 POINT: Sued in Cal. Over Failure to Properly Pay Workers
----------------------------------------------------------------
Aurelia Walker and Oscar Barajas, on behalf of themselves and all
others similarly situated v. Point 2 Point Global Security, Inc.
and Does 1 to l00, Inclusive, Case No. RG17864747 (Cal. Super.
Ct., June 21, 2017), is brought against the Defendants for failure
to pay minimum and overtime wages; failure to provide required
meal periods; failure to authorize or permit required rest
periods; and failure to pay reimbursable expenses in violation of
the California Labor Code.
Point 2 Point Global Security, Inc. is a provider of security
personnel, integrated technology, and disaster relief services.
[BN]
The Plaintiff is represented by:
S. Brett Sutton, Esq.
Jared Hague, Esq.
SUTTON HAGUE LAW CORPORATION, P.C.
6715 N. Palm Avenue, Suite 216
Fresno, CA 93704
Telephone: (559) 325-0500
Facsimile: (559) 981-1217
E-mail: brett@suttonhague.com
jared@suttonhague.com
- and -
Michael R. Crosner, Esq.
Zachary M. Crosner, Esq.
Alfredo Nava, Esq.
CROSNER LEGAL, P.C.
12100 Wilshire Blvd., Suite 650
Los Angeles, CA 90025
Telephone: (310) 496-4818
Facsimile: (310) 510-6429
E-mail: mike@crosnerlegal.com
zach@crosnerlegal.com
bruce@crosnerlegal.com
POPEYE'S LOUISIANA: Faces "Maddix" Suit Over Failure to Pay OT
--------------------------------------------------------------
Tamoy Maddix, on behalf of herself, individually, and on behalf of
all others similarly situated v. Popeye's Louisiana Kitchen, Inc.
and Baycherster Chicken, Inc., d/b/a Popeye's Louisiana Kitchen,
Case No. 1:17-cv-04658-VSB (S.D.N.Y., June 20, 2017), is brought
against the Defendants for failure to pay overtime wages in
violation of the Fair Labor Standards Act.
The Defendants own and operate a chain of fried chicken fast food
restaurant. [BN]
The Plaintiff is represented by:
Andrew T. Miltenberg, Esq.
Megan S. Goddard, Esq.
Gabrielle M. Vinci, Esq.
NESENOFF & MILTENBERG, LLP
363 Seventh Avenue, Fifth Floor
New York, NY 1001
Telephone: (212) 736-4500
E-mail: amiltenberg@nmllplaw.com
mgoddard@nmllplaw.com
gvinci@nmllplaw.com
PROFESSIONAL TRANSPORTATION: "Dodds" Alleges Pay Discrimination
---------------------------------------------------------------
Maryland Dodds, in her own behalf and in behalf of all others
similarly situated, Plaintiff, v. Professional Transportation
Inc., United Professional and Service Employees Union and United
Professional and Service Employees Union Local 12222, Defendants,
Case No. 5:17-cv-00164 (E.D. Ark., June 15, 2017), seeks
injunctive relief, wage loss, compensatory damages, punitive
damages, costs, counsel fees and all other appropriate relief
under the Equal Pay Act.
Professional Transportation Incorporated (PTI) allegedly
discriminates against black employees by paying a greater wage to
white individuals who drive vans who were hired simultaneously or
subsequent to black van drivers.
Professional Transportation Incorporated (PTI) is headquartered in
Evansville, Indiana and is part of the United Companies, providing
crew transportation services for railroads in the Midwest [BN]
Maryland Dodds is a pro se plaintiff.
PS CHICKEN INC: "Gallardo" Seeks Minimum Wages, Withheld Tips
--------------------------------------------------------------
Leyla Gallardo, individually and on behalf all other employees
similarly situated, Plaintiff, v. PS Chicken Inc. (d/b/a La Casa
del Pollo Peruano), Percy Tan, Ernesto Fernandez and David Sigcha,
Defendants, Case No. 1:17-cv-03702 (E.D. N.Y., June 19, 2017),
seeks unpaid minimum wages, withheld tips, compensation for
failure to provide wage notice at the time of hiring and failure
to provide paystubs, liquidated damages, prejudgment and post-
judgment interest and attorneys' fees and costs for violation of
the Fair Labor Standards Act and pursuant to New York Labor Laws.
PS Chicken Inc. operates as La Casa del Pollo Peruano Gallardo, a
restaurant located at 94-09 Roosevelt Ave, Flushing, NY 11372,
where Gallardo was employed as a waitress from July, 2011 to
present. [BN]
Plaintiff is represented by:
Jian Hang, Esq.
Hang & Associates, PLLC
136-18 39th Ave., Suite 1003
Flushing, NY 11354
Tel: (718) 353-8588
Email: jhang@hanglaw.com
QUALITY INTEGRATED: "Stapleman" Suit Transferred to S.D. Texas
--------------------------------------------------------------
The class action lawsuit filed on January 27, 2016, captioned
Richard Stapleman, individually and on behalf of all persons
similarly situated v. Quality Integrated Services, Inc., Case No.
2:16-cv-00024, was transferred from Washington Eastern to the U.S.
District Court for the Southern District of Texas (Houston) on
June 19, 2017. The District Court Clerk assigned Case No. 4:17-cv-
01858 to the proceeding.
The case asserts labor-related claims.
Quality Integrated Services, Inc. is a corporation providing third
party services, including inspection, for the construction and
maintenance of oil and natural gas transmission, midstream and
gathering lines, facility construction, meter runs and many other
types of oil and gas construction throughout the United States.
[BN]
The Plaintiff is represented by:
Alexandra Koropey Piazza, Esq.
Camille Fundora, Esq.
Sarah Rebecca Schalman-Bergen, Esq.
Shanon Jude Carson, Esq.
BERGER MONTAGUE PC
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875-3000
E-mail: apiazza@bm.net
cfundora@bm.net
sschalman-bergen@bm.net
scarson@bm.net
- and -
Beth E. Terrell, Esq.
Marc C. Cote, Esq.
TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, WA 98103
Telephone: (206) 816-6603
Facsimile: (206) 319-5450
E-mail: bterrell@terrellmarshall.com
mcote@terrellmarshall.com
The Defendant is represented by:
Chelsea D. Petersen, Esq.
PERKINS COIE LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: (206) 359-8000
Facsimile: (206) 359-9000
E-mail: CDPetersen@perkinscoie.com
- and -
Kristin M. Simpsen, Esq.
Philip Richard Bruce, Esq.
Samuel R. Fulkerson, Esq.
Tony G. Puckett, Esq.
MCAFEE & TAFT
211 N Robinson Ave, 10th Floor
Oklahoma City, OK 73102
Telephone: (405) 235-9621
Facsimile: (405) 235-0439
E-mail: kristin.simpsen@mcafeetaft.com
philip.bruce@mcafeetaft.com
sam.fulkerson@mcafeetaft.com
tony.puckett@mcafeetaft.com
QUALITY INTEGRATED: "Webb" Class Suit Transferred to S.D. Texas
---------------------------------------------------------------
The class action lawsuit filed on April 15, 2016, styled as
Jesse Webb, individually and on behalf of all persons similarly
situated v. Quality Integrated Services, Inc., Case No. 2:16-cv-
00457, was transferred from Pennsylvania Western to the U.S.
District Court for the Southern District of Texas (Houston) on
June 19, 2017. The District Court Clerk assigned Case No. 4:17-cv-
01857 to the proceeding.
The case arises from the Defendant's failure to pay overtime
wages.
Quality Integrated Services, Inc. is a corporation providing third
party services, including inspection, for the construction and
maintenance of oil and natural gas transmission, midstream and
gathering lines, facility construction, meter runs and many other
types of oil and gas construction throughout the United States.
[BN]
The Plaintiff is represented by:
Shanon J. Carson, Esq.
Sarah R. Schalman-Bergen, Esq.
Alexandra K. Piazza, Esq.
Camille Fundora, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875-3000
Facsimile: (215) 875-4604
E-mail: scarson@bm.net
sschalman-bergen@bm.net
apiazza@bm.net
cfundora@bm.net
The Defendant is represented by:
Chelsea D. Petersen, Esq.
PERKINS COIE LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: (206) 359-8000
Facsimile: (206) 359-9000
E-mail: CDPetersen@perkinscoie.com
- and -
Kristin M. Simpsen, Esq.
Philip Richard Bruce, Esq.
Samuel R. Fulkerson, Esq.
Tony G. Puckett, Esq.
MCAFEE & TAFT
211 N Robinson Ave, 10th Floor
Oklahoma City, OK 73102
Telephone: (405) 235-9621
Facsimile: (405) 235-0439
E-mail: kristin.simpsen@mcafeetaft.com
philip.bruce@mcafeetaft.com
sam.fulkerson@mcafeetaft.com
tony.puckett@mcafeetaft.com
RECKITT BENCKISER: Sued Over False Glucosamine Products Ad
----------------------------------------------------------
Gordon Noboru Yamagata and Stamatis F. Pelardis, individually and
on behalf of all others similarly situated v. Reckitt Benckiser
LLC, Case No. 3:17-cv-03529 (N.D. Cal., June 19, 2017), arises out
of the Defendant's false and misleading advertising of its
glucosamine Move Free Products.
The Defendant markets, sells and distributes a line of joint
health dietary supplements under the "Schiff Move Free" brand
name, and represents that these Move Free Products provide
meaningful benefits to the joints of all consumers who use them,
however, they are incapable of supporting or benefiting the health
of human joints because the main ingredients in each of the
Defendant's joint health Move Free Products, either alone or in
combination with other ingredients, cannot support or benefit
joint health.
Headquartered in Parsippany, New Jersey, Reckitt Benckiser LLC
manufactures household, health and personal care, and food
products. [BN]
The Plaintiff is represented by:
Todd D. Carpenter, Esq.
CARLSON LYNCH SWEET KILPELA & CARPENTER, LLP
402 West Broadway, 29th Floor
San Diego, CA 92101
Telephone: (619) 756-6994
Facsimile: (619) 756-6991
E-mail: tcarpenter@carlsonlynch.com
- and -
Timothy G. Blood, Esq.
Thomas J. O'Reardon II, Esq.
BLOOD HURST & O'REARDON, LLP
701 B Street, Suite 1700
San Diego, CA 92101
Telephone: (619) 338-1100
Facsimile: (619) 338-1101
E-mail: tblood@bholaw.com
toreardon@bholaw.com
RWI TRANSPORTATION: Does Not Properly Pay Employees, Action Says
----------------------------------------------------------------
Larry Craft, an individual, on behalf of himself and all others
similarly situated v. RWI Transportation, LLC and Does 1 through
50, inclusive, Case No. BC 665578 (Cal. Super. Ct., June 19,
2017), arises out of the Defendants' misclassification of
employees, failure to pay wages, pay overtime, and provide meal
and rest breaks to their employee drivers.
RWI Transportation, LLC operates a freight transportation in Los
Angeles, California. [BN]
The Plaintiff is represented by:
Brian S. Kabateck, Esq.
Cheryl A. Kenner, Esq.
KABATECK BROWN KELLNER, LLP
644 S. Figueroa Street
Los Angeles, CA 90017
Telephone: (213) 217-5000
Facsimile: (213) 217-5010
E-mail: bsk@kbklawyers.com
ck@kbklawyers.com
SEECO INC: Arnett Appeals Decision in "Smith" Suit to 8th Circuit
-----------------------------------------------------------------
Connie Arnett, et al., filed an appeal from a court ruling
relating to the lawsuit titled Connie Smith, et al. v. SEECO,
Inc., et al., Case No. 4:14-CV-00435-BSM, in the U.S. District
Court for the Eastern District of Arkansas - Little Rock.
The Movants are Connie Arnett, Cecil Barnes, Jr., Cecil Barnes,
III, David Brown, Edward Bryant, Roy Bryant, Rob Cassell, Sally
Cassell, Patricia Cates, Isaac Criswell, Jerry Donahue, James
Duncan, Kim Carrell Gifford, John Gottsponer, Myrtle Gottsponer,
Clemens Gottsponer, Thomas Gray, Karrie Gray, Robert Hall, James
Harrison, John Hart, Kevin Holland, Hubert Isom, Joyce Isom, Floyd
Jerrell, Sherry Jerrell, Brenda Sue Kay, Bennie Latimer, Junior
Latimer, Megan Lockard, Dana Love, James Williams, Lucretia
Williams, Dennis Cossey, Sandra Cossey, Michelle Gifford, Robert
Lee, Juanita Boone, James Throneberry, Karen Throneberry, Wanda
Liddell, Norma Bryant and Charles Noakes
As previously reported in the Class Action Reporter on June 16,
2017, the Hon. Brian S. Miller denied the Defendants' motion to
disqualify class counsel, remove the class representative and
decertify the class; and Defendant DeSoto Gathering Company's
motion for a one-week continuance.
The appellate case is captioned as Connie Smith, et al. v. SEECO,
Inc., et al., Case No. 17-2378, in the United States Court of
Appeals for the Eighth Circuit.[BN]
Plaintiff-Appellee Connie Jean Smith, Individually and on behalf
of all others similarly situated, is represented by:
Ben H. Caruth, Esq.
Edward Allen Gordon, Esq.
GORDON, CARUTH & VIRDEN, PLC
105 S. Moose Street
Post Office Box 558
Morrilton, AR 72110-0558
Telephone: (501) 354-0125
E-mail: bcaruth@gcvlaw.com
agordon@gcvlaw.com
- and -
Brian Cramer, Esq.
Tanner W. Hicks, Esq.
Jack A. Mattingly, Jr., Esq.
MATTINGLY & ROSELIUS
210 W. Oklahoma Avenue
Guthrie, OK 70344
Telephone: (405) 603-222
E-mail: brian@mroklaw.com
tanner@mroklaw.com
jackjr@mroklaw.com
- and -
Erik P. Danielson, Esq.
DANIELSON LAW FIRM, PLLC
909 Rolling Hills Drive
Fayetteville, AR 72703
Telephone: (479) 935-8060
E-mail: erik.danielson@danielsonlawfirm.com
- and -
Sean M. Handler, Esq.
Geoffrey C. Jarvis, Esq.
Kimberly A. Justice, Esq.
Natalie Lesser, Esq.
Joseph H. Meltzer, Esq.
Melissa L. Troutner, Esq.
KESSLER TOPAZ MELTZER & CHECK, LLP
280 King of Prussia Road
Radnor, PA 19087-0000
Telephone: (610) 667-7706
Facsimile: (610) 667-7056
E-mail: shandler@ktmc.com
gjarvis@ktmc.com
kjustice@ktmc.com
nlesser@ktmc.com
jmeltzer@btkmc.com
mtroutner@ktmc.com
- and -
Brad E. Seidel, Esq.
SEIDEL LAW FIRM, PC
6 Hedge Lane
Austin, TX 78746
Telephone: (512) 537-0903
E-mail: bradseidel@me.com
- and -
James Fitzgerald Valley, Esq.
J F VALLEY, ESQ, P.A.
423 Rightor Street
P.O. Box 451
Helena, AR 72342
Telephone: (870) 619-1750
Facsimile: (870) 619-1760
E-mail: james@jamesfvalley.com
Defendants-Appellees SEECO, Inc., Now known as SWN Production
(Arkansas), LLC; Desoto Gathering Company, LLC; Southwestern
Energy Services Company and Southwestern Energy Company are
represented by:
Jess Askew, III, Esq.
KUTAK ROCK LLP
124 W. Capitol Avenue, Suite 2000
Little Rock, AR 72201
Telephone: (501) 975-3000
E-mail: Jess.Askew@KutakRock.com
- and -
Thomas A. Daily, Esq.
DAILY & WOODS
58 S. Sixth Street
P.O. Box 1446
Fort Smith, AR 72902-1446
Telephone: (479) 782-0361
E-mail: tdaily@dailywoods.com
- and -
Robert K. Ellis, Esq.
R. Paul Yetter, Esq.
YETTER & COLEMAN LLP
909 Fannin
Houston, TX 77010
Telephone: (713) 632-8000
E-mail: rellis@yettercoleman.com
pyetter@yettercoleman.com
- and -
Marc S. Tabolsky, Esq.
SCHIFFER ODOM HICKS & JOHNSON PLLC
700 Louisiana
Houston, TX 77002
Telephone: (713) 357-5150
Facsimile: (713) 357-5160
E-mail: mtabolsky@sohjlaw.com
- and -
Rex M. Terry, Esq.
HARDIN & JESSON
5000 Rogers Avenue
P.O. Box 10127
Fort Smith, AR 72917-0127
Telephone: (479) 452-2200
Facsimile: (479) 452-9097
E-mail: terry@hardinlaw.com
Movants-Appellants Connie Arnett, Cecil Barnes, Jr., Cecil Barnes,
III, David Brown, Edward Bryant, Roy Bryant, Rob Cassell, Sally
Cassell, Patricia Cates, Isaac Criswell, Jerry Donahue, James
Duncan, Kim Carrell Gifford, John Gottsponer, Myrtle Gottsponer,
Clemens Gottsponer, Thomas Gray, Karrie Gray, Robert Hall, James
Harrison, John Hart, Kevin Holland, Hubert Isom, Joyce Isom, Floyd
Jerrell, Sherry Jerrell, Brenda Sue Kay, Bennie Latimer, Junior
Latimer, Megan Lockard, Dana Love, James Williams, Lucretia
Williams, Dennis Cossey, Sandra Cossey, Michelle Gifford, Robert
Lee, Juanita Boone, James Throneberry, Karen Throneberry, Wanda
Liddell, Norma Bryant and Charles Noakes
George A. Barton, Esq.
LAW OFFICE OF GEORGE A. BARTON
7227 Metcalf Avenue, Suite 301
Overland Park, KS 64111
Telephone: (816) 300-6255
E-mail: rob@georgebartonlaw.com
- and -
Stacy Ann Burrows, Esq.
LAW OFFICES OF GEORGE A. BARTON
One Main Plaza, Suite 920
4435 Main Street
Kansas City, MO 64111
Telephone: (816) 300-6253
E-mail: stacy@georgebartonlaw.com
- and -
Charles Darwin Davidson, Sr., Esq.
Stephen L. Gershner, Esq.
DAVIDSON LAW FIRM
724 Garland
P.O. Box 1300
Little Rock, AR 72203-0000
Telephone: (501) 374-9977
E-mail: skipd@dlf-ar.com
davidg@dlf-ar.com
SONIC AUTOMOTIVE: "Torres" Denied Rest Periods, Wage Statements
---------------------------------------------------------------
Ismael Torres, individually, and on behalf of others similarly
situated, Plaintiff, v. Sonic Automotive, Inc. (d/b/a Autobahn
Motors, Beverly Hills BMW, BMW of Monrovia, Buena Park Honda,
Carson Honda, Concord Honda, Concord Toyota, Crown Lexis, Honda of
Hayward, Honda of Santa Monica, Honda of Serramonte, Honda of
Stevens Creek, Lexus of Marin, Lexus of Serramont E, Long Beach
BMW, Long Beach Mini, Melody Toyota, Mercedes Benz of Calabasas,
Mercedes Benz of Walnut Creek, Mini of Monrovia, Poway Honda, St.
Claire Cadillac, Stevens Creek BMW, W.I. Simonson of Santa Monica)
and Does 1 through 100, Defendants, Case No. BC664669 (Cal.
Super., June 12, 2017), seeks seeks unpaid wages and interest
thereon for failure to pay for all hours worked and minimum wage
rate, failure to authorize or permit required meal periods,
failure to authorize or permit required rest periods, statutory
penalties for failure to provide accurate wage statements,
reimbursement of business-related expenses, injunctive relief and
other equitable relief, reasonable attorney's fees, costs and
interest pursuant to California Labor Code and applicable
Industrial Welfare Commission Wage Orders.
Sonic owns and operates multiple automotive dealerships in
California where Plaintiff worked as an automotive mechanic. [BN]
The Plaintiff is represented by:
Christopher J. Hamner, Esq.
Evelina Seraini, Esq.
HAMNER LAW OFFICES, APC
5023 Calabasas Parkway
Calabasas, CA 91302
Telephone: (818) 8768631
Email: chamner@hamnerlaw.com
eserafini@hamnerlaw.com
- and -
Christopher A. Olsen, Esq.
OLSEN LAW OFFICES
1010 Second Ave., Suite 1835
San Diego, CA 92101
Telephone: (619) 550-9352
Email: caolsen@caolsenlawoffices.com
SUNNY SPECIALTY: Faces "Zepeda" Suit Over Failure to Pay Overtime
-----------------------------------------------------------------
Martha Zepeda, an individual, on behalf of herself and all others
similarly situated v. Sunny Specialty Produce, Inc. and Does 1
through 100, Case No. BC665411 (Cal. Super. Ct., June 16, 2017),
is brought against the Defendants for failure to pay overtime
wages in violation of the California Labor Code.
Sunny Specialty Produce, Inc. is in the business of cutting,
packaging, distributing, and transporting fruits, vegetables, and
other food products. [BN]
The Plaintiff is represented by:
Paul K. Haines, Esq.
HAINES LAW GROUP, APC
2274 East Maple Ave.
El Segundo, CA 90245
Telephone: (424) 292-2350
Facsimile: (424) 292-2355
E-mail: phaines@haineslawgroup.com
- and -
Sam Sani, Esq.
SANI LAW, APC
1055 West 17th Street, 33rd Floor
Los Angeles, CA 90017
Telephone: (310) 935-0405
Facsimile: (310) 935-0409
E-mail: ssani@sanilawfirm.com
TESLA INC: "Wiseman" Suit Says Braking System Defective
-------------------------------------------------------
Matt Reynolds, writing for Courthouse News Service, reported that
Tesla's Model S and Model X electric cars include a potentially
life-threatening defect that causes them to brake suddenly in icy
or snowy conditions, according to a class action lawsuit in Los
Angeles.
In a federal complaint filed in the Central District of California
on June 29, Tesla owner Roy Wiseman says that he lost control of
his Tesla Model X this past April after he slowed down navigating
a curb in icy conditions while driving on State Route 36 East
between Martin and Chester, California. According to Wiseman,
Tesla's regenerative braking system kicked in but failed to coast,
sending his car off the road and down a mountainside. Crashing
into trees and branches, Wiseman claims he was left stranded in
his wrecked Tesla for over an hour.
In a news release, the Margarian Law Firm, which is representing
Wiseman, said he was lucky to escape with only minor injuries. The
firm is seeking $2.3 billion in damages for a proposed class of
Tesla owners.
"The regenerative braking systems used in both the Model S and
Model X create a substantial risk for the vehicles to lose control
in snowy conditions," the lawsuit states. "The vehicle's automatic
regenerative braking system makes the vehicles unable to coast."
This means that drivers risk "losing control on icy roads due to
the mandatory braking the vehicle imposes . . .," according to the
lawsuit.
Tesla did not immediately respond to an emailed request for
comment.
The lawsuit claims that most other passenger cars, including the
Toyota Prius, activate regenerative braking only when the driver
presses the brake pedal, allowing drivers to coast. Regenerative
braking on the Tesla, on the other hand, kicks in when a driver
takes a foot off the accelerator pedal, Wiseman says.
Tesla tells customers that fixes for issues with its cars'
features, including autosteer up to 90 miles per hour, auto lane
change, and automatic emergency braking, are offered through over-
the-air software updates, according to the filing.
"Despite making such a representation to the consumers, Tesla
failed to correct the loss of stability caused by regenerative
braking through its over-the-air software update system," Wiseman
states.
Tesla did nothing to fix the defect after Wiseman reported it,
either, he says.
Wiseman's complaint is for breach of express warranty, breach of
contract and common law fraud, among other counts.
The nationwide consumer class action alleges the defect in all
2012-2017 Tesla Model S and 2016-2017 Tesla Model X cars.
Roy Wiseman filed the lawsuit with the car's co-owner, Marites
Wiseman. They are represented by Hovanes Margarian out of
Glendale, California.
The case is captioned, ROY WISEMAN and MARITES WISEMAN, as
individuals, on behalf of themselves, all others similarly
situated, and the general public, Plaintiffs, vs. TESLA, INC., a
Delaware Corporation; and DOES 1 through 100, inclusive,
Defendants. Case 2:17-cv-04798-JFW-AGR (C.D. Cal., June 29, 2017).
Attorneys for Plaintiffs:
Hovanes Margarian Esq.
THE MARGARIAN LAW FIRM
801 North Brand Boulevard, Suite 210
Glendale, CA 91203
Telephone: (818)553-1000
Facsimile: (818)553-1005
E-mail: hovanes@margarianlaw.com
THRESHOLD PHARMA: Faces "Pariso" Suit Over Molecular Merger Plan
----------------------------------------------------------------
Victor Pariso, on behalf of himself and all others similarly
situated v. Threshold Pharmaceuticals, Inc., Jeffrey W. Bird,
Bruce C. Cozadd, David R. Hoffmann, Wilfred E. Jaeger, George G.
C. Parker, David R. Parkinson, and Harold E. Selick, Case No.
3:17-cv-03557 (N.D. Cal., June 20, 2017), is brought on behalf of
all the public stockholders of Threshold Pharmaceuticals, Inc., to
enjoin the Agreement and Plan of Merger where Trojan Merger Sub,
Inc., a wholly owned subsidiary of Threshold, will merge with and
into Molecular Templates, Inc. pursuant to which current Molecular
Templates stockholders would own approximately 65.6% of the
combined company, with the remaining 34.4% owned by stockholders
of publicly traded Threshold.
According to the complaint, Threshold filed, a materially
incomplete and misleading Registration Statement with the U.S.
Securities and Exchange Commission, and disseminated it to
Threshold stockholders. The Registration Statement misrepresents
or omits material information that is necessary for the Company's
stockholders to make an informed decision whether to vote in favor
of the Proposed Transaction. Specifically, as set forth below, the
Registration Statement fails to provide Company stockholders with
material information or provide them with materially misleading
information concerning: (i) Threshold insiders' potential
conflicts of interest; and (ii) the valuation analyses prepared by
Ladenburg in connection with the rendering of its fairness
opinion. Accordingly, Threshold stockholders are being asked to
vote for the Proposed Transaction without all material information
at their disposal.
Threshold Pharmaceuticals, Inc. is a clinical-stage
biopharmaceutical company that has historically used its expertise
in the tumor microenvironment to discover and develop therapeutic
and diagnostic agents that selectively target tumor cells for the
treatment of patients living with cancer. [BN]
The Plaintiff is represented by:
Rosemary M. Rivas, Esq.
LEVI & KORSINSKY LLP
44 Montgomery Street, Suite 650
San Francisco, CA 94104
Telephone: (415) 291-2420
Facsimile: (415) 484-1294
E-mail: rrivas@zlk.com
TOPBUILD CORP: Piece-rate Scheme Below Min. Wage, Says "Buruca"
---------------------------------------------------------------Eri
Buruca and Ramiro Mejia, on behalf of themselves and all others
similarly situated, Plaintiffs, v. Topbuild Corp. and Builder
Services Group, Inc., Defendants, Case No. 6:17-cv-01095, (M.D.
Fla., June 15, 2017), seeks unlawfully withheld compensation,
together with an additional amount as liquidated damages,
prejudgment and post judgment interest, and reasonable attorneys'
fees and costs of this action under the Fair Labor Standards Act.
Defendants' provide insulation products across the country in
approximately 190 branch offices located in 43 states where
Plaintiffs worked as installers. Installers are allegedly paid
less for overtime hours than regular hours due to Defendants'
piece-rate system. [BN]
Plaintiff is represented by:
Alan D. Danz, Esq.
DANZ & KRONENGOLD, P.L.
10620 Griffin Road, Suite 201
Cooper City, FL 33328
Telephone: (954) 530-9245
Facsimile: (954) 616-5738
Email: danz@danzlaw.net
VENTURE DATA: Appeals Class Cert. Order in "Mey" Suit to 4th Cir.
-----------------------------------------------------------------
Defendants Venture Data, LLC and Public Opinion Strategies, LLC,
filed an appeal from a class certification order entered in the
lawsuit titled DIANA MEY, individually and on behalf of a class of
all persons and entities similarly situated v. VENTURE DATA, LLC
AND PUBLIC OPINION STRATEGIES, LLC, Case No. 5:14-cv-123-JPB-JES,
in the U.S. District Court for the Northern District of West
Virginia.
As previously reported in the Class Action Reporter on June 16,
2017, the Hon. Judge Preston Bailey granted the Plaintiff's motion
for class certification certifying this class:
"all persons in the United States to whom, on June 11,
August 19, or September 9, 2014, Venture Data placed a call
on his or her cellular telephone line, using the Pro-T-S or
CFMC dialer, and as part of a Public Opinion Strategies
survey";
The Court has also denied Defendant Public Opinion Strategies,
LLC's motion to exclude Plaintiff's Expert Report and Testimony,
granted Defendant Public Opinion Strategies, LLC's motion for
Leave to File Surreply, and denied as moot Public Opinion
Strategies, LLC's motion to exclude Plaintiff's new and untimely
Expert Declaration.
The Appellants contend that the case is among the largest
certified Telephone Consumer Protection Act class actions in
history. The case includes 121,440 class members and threatens up
to $180 million in liability. They argue that it never should
have been certified because: (1) the Plaintiff never proposed a
viable means for identifying the people making up the class; (2)
the class is defined in such a way as to include individuals with
no standing to sue; and (3) adjudicating their claims will require
individualized inquiry into whether each person actually received
a call.
Ms. Mey sought and obtained certification of a class defined as:
All persons in the United States to whom, on June 11,
August 19, or September 9, 2014, Venture Data placed a call
on his or her cellular telephone line, using the Pro-T-S or
CFMC dialer, and as part of a Public Opinion Strategies
survey.
On June 6, 2017, the District Court, without a hearing, granted
Ms. Mey's motion and certified a class using her exact proposed
definition and the list of 121,400 nameless telephone numbers
associated with calls allegedly made by Venture three years ago,
the Appellants tells the Fourth Circuit.
The Appellants ask the Fourth Circuit to determine whether the
District Court:
* abused its discretion by finding a class to be ascertainable
based solely on a nameless list of 121,400 telephone
numbers, with no analysis of any methodology for identifying
the persons associated with those numbers?
* erred in certifying a class that includes individuals
without Article III standing to bring a TCPA suit in federal
court?
* abused its discretion when it held that an individual may
sue for a bare violation of Section 227(b), without the
actual receipt of a call, thus precluding any predominance
inquiry as to whether class members were actually called?
The appellate case is captioned as Diana Mey v. Venture Data, LLC
and Public Opinion Strategies, LLC, Case No. 17-285, in the United
States Court of Appeals for the Fourth Circuit.[BN]
Plaintiff-Respondent DIANA MEY, individually and on behalf of a
class of all persons and entities similarly situated, is
represented by:
John W. Barrett, Esq.
Jonathan R. Marshall, Esq.
Ryan M. Donovan, Esq.
BAILEY & GLASSER LLP
209 Capitol Street
Charleston, WV 25301
Telephone: (304) 345-6555
E-mail: jbarrett@baileyglasser.com
jmarshall@baileyglasser.com
rdonovan@baileyglasser.com
- and -
Edward A. Broderick, Esq.
Anthony Paronich, Esq.
BRODERICK & PARONICH, P.C.
99 High St., Suite 304
Boston, MA 02110
Telephone: (617) 738-7080
E-mail: ted@broderick-law.com
anthony@broderick-law.com
- and -
Matthew P. McCue, Esq.
THE LAW OFFICE OF MATTHEW P. MCCUE
1 South Avenue, Suite 3
Natick, MA 01760
Telephone: (508) 655-1415
E-mail: mmccue@massattorneys.net
Defendant-Petitioner Public Opinion Strategies, LLC, is
represented by:
Michael B. Hazzard, Esq.
Sarah C. Pomeroy, Esq.
Dylan L. Jacobs, Esq.
JONES DAY
51 Louisiana Avenue, N.W.
Washington, DC 20001-2113
Telephone: (202) 879-5439
E-mail: mhazzard@jonesday.com
spomeroy@jonesday.com
djacobs@jonesday.com
- and -
Sharon L. Potter, Esq.
Christina S. Terek, Esq.
SPILMAN THOMAS & BATTLE, PLLC
1233 Main Street, Suite 4000
P.O. Box 831
Wheeling, WV 26003
Telephone: (304) 230-6950
Facsimile: (304) 230-6951
E-mail: spotter@spilmanlaw.com
cterek@spilmanlaw.com
Defendant-Petitioner Venture Data, LLC, is represented by:
Jeffrey A. Holmstrand, Esq.
GROVE, HOLMSTRAND & DELK
44 1/2 Fifteenth Street
Wheeling, WV 26003
Telephone: (304) 905-1961
E-mail: jholmstrand@grovedelklaw.com
VERINT SYSTEMS: Appeal on Aug. 2016 Israel Court Ruling Underway
----------------------------------------------------------------
Verint Systems Inc. disclosed in its Form 10-Q filed on June 8,
2017 with the U.S. Securities and Exchange Commission for the
quarterly period ended April 30, 2017, that the appeal of its
former parent company Comverse Technology, Inc., as defendant,
from an August 2016 ruling by the Tel Aviv District Court is still
pending.
The Company said, "On March 26, 2009, legal actions were commenced
by Ms. Orit Deutsch, a former employee of our subsidiary, Verint
Systems Limited ("VSL"), against VSL in the Tel Aviv Regional
Labor Court (Case Number 4186/09) (the "Deutsch Labor Action") and
against CTI in the Tel Aviv District Court (Case Number 1335/09)
(the "Deutsch District Action"). In the Deutsch Labor Action, Ms.
Deutsch filed a motion to approve a class action lawsuit on the
grounds that she purported to represent a class of our employees
and former employees who were granted Verint and CTI stock options
and were allegedly damaged as a result of the suspension of option
exercises during the period from March 2006 through March 2010,
during which we did not make periodic filings with the SEC as a
result of certain internal and external investigations and reviews
of accounting matters discussed in our prior public filings.
"In the Deutsch District Action, in addition to a small amount of
individual damages, Ms. Deutsch was seeking to certify a class of
plaintiffs who were allegedly damaged due to their inability to
exercise Verint and CTI stock options as a result of alleged
negligence by CTI in its financial reporting. The class
certification motions do not specify an amount of damages.
"On February 8, 2010, the Deutsch Labor Action was dismissed for
lack of material jurisdiction and was transferred to the Tel Aviv
District Court and consolidated with the Deutsch District Action.
"On March 16, 2009 and March 26, 2009, respectively, legal actions
were commenced by Ms. Roni Katriel, a former employee of CTI's
former subsidiary, Comverse Limited, against Comverse Limited in
the Tel Aviv Regional Labor Court (Case Number 3444/09) (the
"Katriel Labor Action") and against CTI in the Tel Aviv District
Court (Case Number 1334/09) (the "Katriel District Action").
"In the Katriel Labor Action, Ms. Katriel is seeking to certify a
class of plaintiffs who were granted CTI stock options and were
allegedly damaged as a result of the suspension of option
exercises during an extended filing delay period affecting CTI's
periodic reporting discussed in CTI's historical SEC filings. In
the Katriel District Action, in addition to a small amount of
individual damages, Ms. Katriel is seeking to certify a class of
plaintiffs who were allegedly damaged due to their inability to
exercise CTI stock options as a result of alleged negligence by
CTI in its financial reporting. The class certification motions
do not specify an amount of damages.
"On March 2, 2010, the Katriel Labor Action was transferred to the
Tel Aviv District Court, based on an agreed motion filed by the
parties requesting such transfer.
"On April 4, 2012, Ms. Deutsch and Ms. Katriel filed an
uncontested motion to consolidate and amend their claims and on
June 7, 2012, the District Court allowed Ms. Deutsch and Ms.
Katriel to file the consolidated class certification motion and an
amended consolidated complaint against VSL, CTI, and Comverse
Limited. Following CTI's announcement of its intention to effect
the distribution of all of the issued and outstanding shares of
capital stock of its former subsidiary, Comverse, Inc., on July
12, 2012, the plaintiffs filed a motion requesting that the
District Court order CTI to set aside up to US$150.0 million in
assets to secure any future judgment.
"The District Court ruled at such time that it would not decide
this motion until the Deutsch and Katriel class certification
motion was heard. Plaintiffs initially filed a motion to appeal
this ruling in August 2012, but subsequently withdrew it in July
2014.
"Prior to the consummation of the Comverse share distribution, CTI
either sold or transferred substantially all of its business
operations and assets (other than its equity ownership interests
in us and Comverse) to Comverse or unaffiliated third parties. On
October 31, 2012, CTI completed the Comverse share distribution,
in which it distributed all of the outstanding shares of common
stock of Comverse to CTI's shareholders. As a result of the
Comverse share distribution, Comverse became an independent public
company and ceased to be a wholly owned subsidiary of CTI, and CTI
ceased to have any material assets other than its equity interest
in us.
"On September 9, 2015, Comverse changed its name to Xura, Inc.
and, on February 28, 2017, Xura, Inc. changed its name to Mavenir
Inc.
"On February 4, 2013, we merged with CTI. As a result of the
merger, we have assumed certain rights and liabilities of CTI,
including any liability of CTI arising out of the Deutsch District
Action and the Katriel District Action. However, under the terms
of the Distribution Agreement between CTI and Comverse relating to
the Comverse share distribution, we, as successor to CTI, are
entitled to indemnification from Comverse (now Mavenir) for any
losses we suffer in our capacity as successor-in-interest to CTI
in connection with the Deutsch District Action and the Katriel
District Action.
"Following an unsuccessful mediation process, the proceeding
before the District Court resumed.
"On August 28, 2016, the District Court (i) denied plaintiffs'
motion to certify the suit as a class action with respect to all
claims relating to Verint stock options and (ii) approved the
plaintiffs' motion to certify the suit as a class action with
respect to claims of current or former employees of Comverse
Limited (now Mavenir) or VSL who held unexercised CTI stock
options at the time CTI suspended option exercises. The court
also ruled that the merits of the case and any calculation of
damages would be evaluated under New York law.
"On December 15, 2016, CTI filed with the Supreme Court a motion
for leave to appeal the District Court's August 28, 2016 ruling.
The plaintiffs did not file an appeal of the District Court's
August 28, 2016 ruling.
"On December 13, 2016, the plaintiffs filed a notice with the
District Court regarding the appointment of a new representative
plaintiff, Mr. David Vaaknin, for the current or former employees
of VSL who held unexercised CTI stock options at the time CTI
suspended option exercises in replacement of Ms. Deutsch. On
February 5, 2017, the District Court issued its decision to
approve the appointment of Mr. Vaaknin as lead plaintiff.
"On April 19, 2017, the parties submitted an agreed motion for a
procedural arrangement according to which the deadline for
submission of the plaintiffs' amended complaint will be 45 days
after a decision of the Supreme Court on defendant's appeal."
Verint Systems Inc. provides actionable intelligence solutions and
value-added services worldwide. It sells its solutions through
its direct sales team; and through indirect channels, such as
distributors, systems integrators, value-added resellers, and
original equipment manufacturer partners. The Company was founded
in 1994 and is headquartered in Melville, New York.
WARNER CHILCOTT: Transferred "Margolis" Suit to D. New Jersey
-------------------------------------------------------------
The class action lawsuit filed on September 12, 2016, captioned
Robert Margolis, an individual, and others similarly situated v.
Warner Chilcott (US), LLC and Allergan, PLC, Case No. 1:16-cv-
23891, was transferred on June 21, 2017, from the District of
Florida Southern to the U.S. District Court for the District of
New Jersey. The District Court Clerk assigned Case No. 2:17-cv-
04550 to the proceeding.
The case asserts labor-related claims.
The Defendants operate s global branded pharmaceuticals business
in the United States. [BN]
The Plaintiff is represented by:
Claudio Riedi, Esq.
LEHTINEN SCHULTZ RIEDI CATALANO De la FUENTE, PLLC
1111 Brickell Avenue, Suite 2200
Miami, FL 33131
Telephone: (305) 760-8544
Facsimile: (305) 356-5720
E-mail: criedi@lsrcf.com
The Defendant is represented by:
Blair J. Robinson, Esq.
MORGAN LEWIS & BOCKIUS LLP
101 Park Avenue
New York, NY 10178
Telephone: (212) 309-6345
E-mail: amanda.robinson@morganlewis.com
*********
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