/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/170710.mbx C L A S S A C T I O N R E P O R T E R Monday, July 10, 2017, Vol. 19, No. 134 Headlines 225 ENTERPRISES: "Guevara" Suit Alleges Non-payment of OT Work AIR CHECK: Foday's Bid to Certify Denied; Hearing Cont'd to Aug. 3 AKORN INC: Faces "Pullos" Suit Over Proposed Fresenius Merger ALLIANCE ENERGY: DeArmond Moves to Certify Collective Action ALVANI INVESTMENTS: Faces "Osorio" Suit Alleging FLSA Violation ANTHEM BLUE CROSS: "Heinz" Sues for Breach of Fiduciary Duties AP GAS & ELECTRIC: "Evans" Sues Over Illegal Telemarketing Calls ASHLEY FURNITURE: Appeals Decision in "Alvarez" Suit to 9th Cir. ATLANTA BEVERAGE: "Mason" Suit Alleges Non-payment of OT Work CALIFORNIA, USA: Ray Moves to Certify Class of Homecare Workers CALIFORNIA PHYSICIANS': Appeals Ruling in "Des Roches" Class Suit CALIFORNIA PHYSICIANS': Morris Appeals Decision to Ninth Circuit CAREGIVERS FOR INDEPENDENCE: Court Tosses Claims in "Lee" Suit CELGENE CORP: Engineers Fund Hits Thalomid/Lenalidomide Monopoly CITIGUARD INC: OT Pay, Missed Break Premium Sought by "Jones" CLIENT SERVICES: Class Certification Sought in "Bruchhauser" Suit COBALT INTERNATIONAL: Seeks Review of Ruling in St. Lucie Suit COLLECTO INC: Annunziato Seeks Final Approval of Class Settlement COMPASS GROUP: Faces "Johnson" Lawsuit Under Calif. Labor Code CONCHETTA INC: Third Circuit Appeal Filed in "Colon" Class Suit CUTTER LUMBER: "Medina" Seeks Last Pay, Vacation Credits CUTTERS WIRELINE: "Lindsay" Action Asserts FLSA Breach EXTRA SPACE: Wins Final OK of $5-Mil. Settlement in "Gomes" Suit FITBIT INC: "Robb" Suit Parties Agree to Cert. of Two Classes FLEETCOR TECH: Sunrise City Plan Sues Over Share Price Drop FMA ALLIANCE: Livermore Moves Court for Certification of Class FREDCO LANDSCAPING: Faces "Pulido" Suit Under FLSA, NJ Wage Law GULFPORT ENERGY: Slone Moves to Certify Class of Consultants HOME DEPOT: "Kearney" Action Seek Unpaid Overtime Wages KRIEGER BEARD: Perry Moves for Certification of Technicians Class LA TOURAINE: Faces "Cosic" Suit Under FLSA, Ill. Wage Laws LOS ANGELES, CA: Munoz Appeals Ruling in "Smith" Suit to 9th Cir. MAXFREIGHT INT'L: "Gorrin" Suit Seeks Unpaid Overtime Pay MEADOWBROOK INSURANCE: Wins Approval of Town & Country Suit Deal MONSANTO CO: Bruce Farms Sues Over Deceptive Trace Practices NATIONAL RETAIL: Rainboth-Venditti Moves for Class Certification NAVY FEDERAL: Accused of Wrongful Conduct Over OOPFs NEW YORK, USA: Turano Seeks Cert. of GuildNet Enrollees Class NEXVET BIOPHARMA: Faces "Solak" Lawsuit Over Zoetis Merger PATHEON NV: "Phillips" Suit Seek to Enjoin Thermo Fisher Merger PETCO ANIMAL: Faces "Lepine" Suit Over Failure to Pay Overtime PICK-YOUR-PART: "Barajas" Sues Over Missed Breaks, Unpaid OT Pay PLASTIC EXPRESS: "Smith" Suit Seeks to Recover Unpaid OT Wages REXALL SUNDOWN: Faces "Seegert" Suit Over "Osteo Bi-Flex" Adverts ROBBINS BROS: Overtime, Reimbursements Claimed by "Benjamini" RSI ENTERPRISES: Certification of Class Sought in "Machnik" Suit SAGE PAYMENT: Sent Unsolicited Ad Messages, "Knapp" Suit Says SANTA MONICA, CA: Ninth Circuit Appeal Filed in "Rosenblatt" Suit SCHLUMBERGER LTD: Class of Reamer Hands Certified in Venable Suit SERVICES SUPPORTS: "Fox" Lawsuit Alleges Misclassification SIGNATURE HEALTHCARE: Fails to Pay Workers OT, "Russo" Suit Says SOURCE RECEIVABLES: Certification of Class Sought in "Al" Suit SPECIAL COUNSEL: "McNair" Suit Seeks to Recover Unpaid Wages SPRINT NEXTEL: Seeks 10th Cir. Review of Ruling in "Sibley" Suit SUNDANCE INC: Court Certifies Class of Workers in "Flanagan" Suit SYNCHRONOSS TECH: Firemen's Pension Fund Alleges Securities Fraud THERAPY ZONE: Faces "Bingaman" Suit Under FLSA, Ark. Labor Law TOM'S MARINE: "Mairena-Rivera" Suit Seeks Unpaid OT Wages UNITED CEREBRAL: Doesn't Properly Pay Workers, "Ponce" Suit Says UNITED INSURANCE: Sued in Illinois Over Life-Insurance Policies VWR CORP: Shortchanged on Merger Deal, "Berg" Suit Says WTR ENTERPRISES: "Mims" Suit Alleges Non-payment of OT Wages ********* 225 ENTERPRISES: "Guevara" Suit Alleges Non-payment of OT Work -------------------------------------------------------------- FRANCISCO GUEVARA aka FRANCIS GUEVARA, Individually and On Behalf of All Similarly Situated Persons, Plaintiff, V. 225 ENTERPRISES, INC., d/b/a PETROMART #109 and MOHAMMED PATEL, Defendants, Case No. 4:17-cv-1880 (S.D. Tex., June 20, 2017), alleges that Plaintiff has regularly worked more than 40 hours a week throughout her employment, is paid on an hourly basis, but was not paid premium pay for hours worked over 40. In other words, throughout Guevara's employment with Defendants, Defendants failed to pay her the overtime premium required by the Fair Labor Standards Act. Plaintiff is employed as a cashier. [BN] The Plaintiff is represented by: Josef F. Buenker, Esq. THE BUENKER LAW FIRM 2060 North Loop West, Suite 215 Houston, TX 77018 Phone: 713-868-3388 Fax: 713-683-9940 E-mail: jbuenker@buenkerlaw.com - and - Thomas H. Padgett, Jr., Esq. THE BUENKER LAW FIRM 2060 North Loop West, Suite 215 Houston, TX 77018 Phone: 713-868-3388 Fax: 713-683-9940 E-mail: tpadgettlaw@gmail.com AIR CHECK: Foday's Bid to Certify Denied; Hearing Cont'd to Aug. 3 ------------------------------------------------------------------ The Clerk of the U.S. District Court for the Northern District of Illinois made a docket entry on June 21, 2017, in the case styled Alex Foday, et al. v. Air Check, Inc., et al., Case No. 1:15-cv-10205 (N.D. Ill.), relating to a hearing held before the Honorable Samuel Der-Yeghiayan. The minute entry states that: -- The Status hearing is held and continued to August 3, 2017, at 9:00 a.m.; and -- For the reasons stated in the Court's memorandum opinion dated June 21, 2017, Plaintiffs' motion for class certification is denied. A copy of the Notification of Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=Sb1a19wh AKORN INC: Faces "Pullos" Suit Over Proposed Fresenius Merger ------------------------------------------------------------- Demetrios Pullos, individually and on behalf of all others similarly situated v. Akorn, Inc., John N. Kapoor, Kenneth S. Abramowitz, Adrienne L. Graves, Ronald M. Johnson, Steven J. Meyer, Terry A. Rappuhn, Brian Tambi, and Alan Weinstein, Case No. 3:17-cv-00395-JJB-RLB (M.D. La., June 22, 2017), is brought on behalf of all public holders of the common stock of Akorn, Inc., to enjoin the proposed merger between Akorn, Fresenius Kabi AG, and Quercus Acquisition, Inc. for $34.00 in cash for each share of Akorn common stock. According to the complaint, Akorn filed a Preliminary Proxy Statement on Schedule 14A with the U.S. Securities and Exchange Commission, which recommends that Akorn stockholders vote in favor of the Proposed Transaction. However, the Proxy omits or misrepresents material information concerning, among other things: (i) financial projections for the Company; (ii) the valuation analyses performed by the Company's financial advisor, J.P. Morgan Securities LLC, ("J.P. Morgan"), in support of its fairness opinion; and (iii) potential conflicts of interest J.P. Morgan faced as a result of its prior dealings with parties on both sides of the merger. Akorn, Inc. develops, manufactures and markets generic and branded prescription pharmaceuticals, as well as private-label over-the counter consumer health products, and animal health pharmaceuticals. [BN] The Plaintiff is represented by: Lewis Kahn, Esq. KAHN SWICK & FOTI, LLC 206 Covington Street Madisonville, LA 70447 Telephone: (504) 455-1400 Facsimile: (504) 455-1498 E-mail: lewis.kahn@ksfcounsel.com ALLIANCE ENERGY: DeArmond Moves to Certify Collective Action ------------------------------------------------------------ The Plaintiff in the lawsuit titled DAVID DEARMOND on Behalf of Himself and on Behalf of All Others Similarly Situated v. ALLIANCE ENERGY SERVICES, LLC, Case No. 2:17-cv-02222-LMA-KWR (E.D. La.), asks the Court to enter an order: (1) permitting conditional certification of the collective action; and (2) authorizing, under Court supervision, notice to all similarly situated employees of Alliance Energy Services, LLC. The putative class consists of individuals who: (a) Were hourly paid employees at any time in the last three years; (b) Were required to attend daily safety meetings for which no compensation was paid; and (c) Were subject to Defendant's illegal pay practice of failing to pay full and proper time and one-half overtime compensation for all hours worked in excess of 40 in a workweek. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=gQLkBJCj The Plaintiff is represented by: John Neuman, Esq. Beatriz-Sosa Morris, Esq. SOSA-MORRIS NEUMAN ATTORNEYS AT LAW 5612 Chaucer Drive Houston, TX 77005 Telephone: (281) 885-8844 Facsimile: (281) 885-8813 E-mail: JNeuman@smnlawfirm.com BSosaMorris@smnlawfirm.com - and - Robert B. Landry, III, Esq. ROBERT B. LANDRY III PLC 5420 Corporate Boulevard, Suite 204 Baton Rouge, LA 70808 Telephone: (225) 349-7460 Facsimile: (225) 349-7466 E-mail: rlandry@landryfirm.com ALVANI INVESTMENTS: Faces "Osorio" Suit Alleging FLSA Violation --------------------------------------------------------------- HERIBERTO OSORIO aka ERICK OSORIO, Individually and on Behalf of All Similarly Situated Persons, Plaintiff, V. ALVANI INVESTMENTS, LLC d/b/a METROPCS and ALTAF A. ALVANI, Defendants, Case No. 4:17- cv-01867 (S.D. Tex., June 19, 2017), alleges that Defendants initially guaranteed Plaintiff a set minimum amount of $800 every two weeks or $400 each week. After some period of time, Defendants added a commission structure, but Plaintiff was required to earn sufficient amounts to cover his biweekly salary. Plaintiff worked more than 40 hours every week. Defendants did not pay Plaintiff the legally required overtime premium. The case alleges violation of the Fair Labor Standards Act. Plaintiff Osorio worked for Defendants selling phones and accessories.[BN] The Plaintiff is represented by: Josef F. Buenker, Esq. THE BUENKER LAW FIRM 2060 North Loop West, Suite 215 Houston, TX 77018 Phone: 713-868-3388 Fax: 713-683-9940 E-mail: jbuenker@buenkerlaw.com - and - Thomas H. Padgett, Jr., Esq. THE BUENKER LAW FIRM 2060 North Loop West, Suite 215 Houston, TX 77018 Phone: 713-868-3388 Fax: 713-683-9940 E-mail: tpadgettlaw@gmail.com ANTHEM BLUE CROSS: "Heinz" Sues for Breach of Fiduciary Duties -------------------------------------------------------------- Brad Heinz, an individual, and on behalf of a class of others similarly situated, Plaintiffs, v. California Public Employees' Retirement System (CalPERS), Board of Administration of California Public Employees' Retirement System and Anthem Blue Cross Life and Health Insurance Co., Defendants, Case No. BC864844 (Cal. Super., June 13, 2017), seeks recovery of damages for breach of fiduciary duty, rescission of contract and restitution with interest, consequential damages including expenses incurred, an accounting of all monies that Plaintiffs and class members have paid, attorneys' fees, costs and other relief for breach of fiduciary duties. Defendants constitute a public retirement association authorized by the California Constitution and manages the service retirement of police officers, deputy sheriffs, firefighters, correctional officers, or other public "safety" or similar employees who are state or local employees. Between 2006 and 2014, CalPERS and/or Anthem improperly and artificially reduced the "Allowable Amount" for "out-of-network" non-emergency medical services, causing reimbursements for out-of- network medical expenses to be substantially below prevailing standards, including below the customary and reasonable. [BN] Heinz availed of non-emergency medical services in San Francisco on a regular basis from at least 2006 to 2015. Anthem only paid 80% of the contract rate and Heinz was billed for the remaining 20%. The Plaintiff is represented by: John Michael Jensen, Esq. LAW OFFICES OF JOHN MICHAEL JENSEN 11500 West Olympic Blvd., Suite 550 Los Angeles, CA 90064 Tel: (310)312-1100 AP GAS & ELECTRIC: "Evans" Sues Over Illegal Telemarketing Calls ---------------------------------------------------------------- Karen Evans, on behalf of herself and others similarly situated, Plaintiff, v. AP Gas & Electric (TX), LLC, AP Gas & Electric (OH), LLC, AP Holdings, LLC, Defendants, Case No. 2:17-cv-00515 (S.D. Ohio, June 14, 2017), seeks to enjoin Defendants and/or their affiliates, agents, and/or other related entities from engaging in unlawful telemarketing practices; damages and such other and further relief for violation of the Telephone Consumer Protection Act. AP Gas & Electric (OH), LLC and AP Holdings, LLC provide and support electricity services, including but not limited to performing administrative services and customer service support. Defendants allegedly use an automatic telephone dialing system to solicit potential customers. [BN] The Plaintiff is represented by: Brian K. Murphy, Esq. Jonathan P. Misny, Esq. MURRAY MURPHY MOUL & BASIL LLP 1114 Dublin Road Columbus, OH 43215 Tel: (614) 488-0400 Fax: (614) 488-0401 Email: murphy@mmmb.com misny@mmmb.com - and - Edward A. Broderick, Esq. Anthony I. Paronich, Esq. BRODERICK & PARONICH, P.C. 99 High St., Suite 304 Boston, MA 02110 Tel: (508) 221-1510 Email: anthony@broderick-law.com ted@broderick-law.com ASHLEY FURNITURE: Appeals Decision in "Alvarez" Suit to 9th Cir. ---------------------------------------------------------------- Defendants Ashley Furniture Industries, Inc. and Ashley HomeStores, Ltd., filed an appeal from a court ruling in the lawsuit titled Juan Alvarez, et al. v. Ashley Furniture Industries, et al., Case No. 2:16-cv-00630-MWF-MRW, in the U.S. District Court for the Central District of California, Los Angeles. As previously reported in the Class Action Reporter, the Plaintiffs are suing the furniture manufacturers over claims their brand of upholstery deceives consumers. The Plaintiffs allege fraud by concealment, unjust enrichment, breach of implied warranty and violations of California consumer protection statutes. The appellate case is captioned as Juan Alvarez, et al. v. Ashley Furniture Industries, et al., Case No. 17-80128, in the United States Court of Appeals for the Ninth Circuit.[BN] Plaintiffs-Respondents JUAN ALVAREZ, an individual, on behalf of himself and all others similarly situated, and SILVIA RICO, an individual, on behalf of herself and all others similarly situated, are represented by: Mikael H. Stahle, Esq. ARIAS SANGUINETTI STAHLE & TORRIJOS, LLP 6701 Center Drive West, 14th Floor Los Angeles, CA 90045 Telephone: (310) 844-9696 E-mail: mikael@asstlawyers.com Defendants-Petitioners ASHLEY FURNITURE INDUSTRIES, INC., a Wisconsin corporation, and ASHLEY HOMESTORES, LTD., a Wisconsin corporation, are represented by: David Ryan Carpenter, Esq. SIDLEY AUSTIN LLP 555 West 5th Street Los Angeles, CA 90013 Telephone: (213) 896-6679 E-mail: drcarpenter@sidley.com ATLANTA BEVERAGE: "Mason" Suit Alleges Non-payment of OT Work ------------------------------------------------------------- Keith Mason, on behalf of himself and others similarly situated, Plaintiffs, v. ATLANTA BEVERAGE COMPANY, Defendant, Case No. 1:17- cv-02293-TWT (N.D. Ga., June 19, 2017), alleges that Defendant is violating the Fair Labor Standards Act by forcing its employees to work a substantial amount of overtime without properly paying all compensation due. Atlanta Beverage Company is a beer and beverage distributor. Plaintiff works as a merchandiser/stocker.[BN] The Plaintiff is represented by: Michael A. Mills, Esq. MICHAEL A. MILL P.C. 1349 W. Peachtree Street, NW, Suite 1995 Atlanta, GA 30309 Phone: 404 15 9220 Fax: 678 317 0956 E-mail: mike@milllegal.net - and - Robert W. Cowan, Esq. BAILEY PEAVY BAILEY COWAN HECKAMAN, PLLC The Lyric Centre 440 Louisiana Street, Suite 2100 Houston, TX 77002 Phone: 713 425 7100 Fax: 713 425 7101 E-mail: rcowan@bpblaw.com - and - Katie McGregor, Esq. BAILEY PEAVY BAILEY COWAN HECKAMAN, PLLC The Lyric Centre 440 Louisiana Street, Suite 2100 Houston, TX 77002 Phone: 713 425 7100 Fax: 713 425 7101 E-mail: kmcgregor@bpblaw.com CALIFORNIA, USA: Ray Moves to Certify Class of Homecare Workers --------------------------------------------------------------- The Plaintiff in the lawsuit styled Trina Ray, individually, and on behalf of others similarly situated v. California Department of Social Services, and Los Angeles County Department of Public Social Services, Case No. 2:17-cv-04239-PA-SK (C.D. Cal.), moves for conditional certification of this collective class under the Fair Labor Standards Act: All people employed by Defendants as homecare workers, home care providers, or in other similar job titles, through the In-Home Supportive Services program and in the County of Los Angeles, who were paid for hours in excess of forty (40) per week at a rate of less than 1.5 times their regular rate at any time from January 1, 2015 to February 1, 2016. ("LA IHSS Homecare Providers"). To facilitate notice, the Plaintiff also asks that within 10 business days of the Court's order, the Defendants will provide to her counsel an Excel file containing the (1) name, (2) job title(s), (3) dates of employment, (4) last known address and cell phone number, (5) location of employment, (6) employee number, (7) social security number (last four digits only), (8) last known email address, and (9) primary language for all LA IHSS Homecare Providers. The Plaintiff also seeks a 60-day notice period with a reminder postcard, with notice to be distributed by her counsel via U.S. Mail, e-mail, and text message. The Court will commence a hearing on July 31, 2017 at 1:30 p.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=wvzEbuPv The Plaintiff is represented by: Matthew C. Helland, Esq. Daniel S. Brome, Esq. NICHOLS KASTER, LLP 235 Montgomery St., Suite 810 San Francisco, CA 94104 Telephone: (415) 277-7235 Facsimile: (415) 277-7238 E-mail: helland@nka.com dbrome@nka.com CALIFORNIA PHYSICIANS': Appeals Ruling in "Des Roches" Class Suit ----------------------------------------------------------------- Defendants California Physicians' Service, DBA Blue Shield of California, Blue Shield of California Life & Health Insurance Company and Human Affairs International of California filed an appeal from a court ruling in the lawsuit styled Charles Des Roches, et al. v. California Physicians' Service, et al., Case No. 5:16-cv-02848-LHK, in the U.S. District Court for the Northern District of California, San Jose. As previously reported in the Class Action Reporter on June 29, 2017, the Hon. Lucy H. Koh grants the Plaintiffs' motion for class certification. The Court certified this class: All participants or beneficiaries of a health benefit plan administered by either Blue Shield defendant and governed by ERISA whose request for coverage (whether pre-authorization, concurrent, post-service, or retrospective) was denied, in whole or in part, between January 1, 2012 and the present, based upon the Magellan Medical Necessity Criteria Guidelines for any of the following levels of care: (i) Residential Treatment, Psychiatric; (ii) Residential Treatment, Substance Use Disorders, Rehabilitation; (iii) Intensive Outpatient Treatment, Psychiatric; or (iv) Intensive Outpatient Treatment, Substance Use Disorders, Rehabilitation. Excluded from the Class are Defendants, their parents, subsidiaries, and affiliates, their directors and officers and members of their immediate families; also excluded are any federal, state, or local governmental entities, any judicial officers presiding over this action and the members of their immediate families, and judicial staff. The appellate case is captioned as Charles Des Roches, et al. v. California Physicians' Service, et al., Case No. 17-80127, in the United States Court of Appeals for the Ninth Circuit.[BN] Plaintiffs-Respondents CHARLES DES ROCHES, on behalf of himself, his minor son ("R.D.") and all others similarly situated; SYLVIA MEYER, on her own behalf and all others similarly situated; and GAYLE TAMLER GRECCO are represented by: Caroline Mehta, Esq. Caroline E. Reynolds, Esq. ZUCKERMAN SPAEDER LLP 1800 M Street, NW Washington, DC 20036 Telephone: (202) 778-1836 Facsimile: (202) 822-8106 E-mail: cmehta@zuckerman.com creynolds@zuckerman.com - and - Jason Cowart, Esq. ZUCKERMAN SPAEDER LLP 399 Park Avenue 14th Floor New York, NY 10022 Telephone: (646) 746-8840 E-mail: jcowart@zuckerman.com - and - Daniel Lawrence Berger, Esq. GRANT & EISENHOFER P.A. 485 Lexington Ave. New York, NY 10017 Telephone: (646) 722-8500 Facsimile: (646) 722 8501 E-mail: dberger@gelaw.com - and - Kyle J. McGee, Esq. GRANT & EISENHOFER P.A. 123 Justison Street Wilmington, DE 19801 Telephone: (302) 622-7000 E-mail: kmcgee@gelaw.com Defendants-Petitioners CALIFORNIA PHYSICIANS' SERVICE, DBA Blue Shield of California, and BLUE SHIELD OF CALIFORNIA LIFE & HEALTH INSURANCE COMPANY are represented by: Gregory Pimstone, Esq. Joseph Edward Laska, III, Esq. Joanna Sobol McCallum, Esq. MANATT, PHELPS & PHILLIPS, LLP 11355 West Olympic Boulevard Los Angeles, CA 90064 Telephone: (310) 312-4000 E-mail: gpimstone@manatt.com jlaska@manatt.com jmccallum@manatt.com Defendant-Petitioner HUMAN AFFAIRS INTERNATIONAL OF CALIFORNIA is represented by: Jennifer S. Romano, Esq. CROWELL & MORING, LLP 515 South Flower Street Los Angeles, CA 90071 Telephone: (213) 422-4750 Facsimile: (213) 622-2690 E-mail: jromano@crowell.com - and - Christopher Flynn, Esq. April N. Ross, Esq. CROWELL & MORING LLP 1001 Pennsylvania Avenue, N.W. Washington, DC 20004 Telephone: (202) 624-2864 Facsimile: (202) 628-5116 E-mail: cflynn@crowell.com aross@crowell.com - and - Thomas F. Koegel, Esq. CROWELL & MORING LLP 3 Embarcadero Center, 26th Floor San Francisco, CA 94111 Telephone: (415) 986-2800 E-mail: tkoegel@crowell.com CALIFORNIA PHYSICIANS': Morris Appeals Decision to Ninth Circuit ---------------------------------------------------------------- Plaintiffs Rebecca Morris and Becky Ebenkamp filed an appeal from a court ruling in their lawsuit entitled Rebecca Morris, et al. v. California Physicians' Service, et al., Case No. 2:16-cv-05914- JAK-JPR, in the U.S. District Court for the Central District of California, Los Angeles. As previously reported in the Class Action Reporter, Rebecca Morris and Becky Ebenkamp, individually and on behalf of all others similarly situated filed the lawsuit in the Superior Court of the State of California for the County of Los Angeles (Case No. BC625804). The lawsuit was later removed from the Superior Court to the District Court. Blue Shield of California is a health plan provider founded in 1939 and based in San Francisco, California. The organization serves over four million health plan members and nearly 65,000 physicians across the state. The appellate case is captioned as Rebecca Morris, et al. v. California Physicians Service, et al., Case No. 17-55878, in the United States Court of Appeals for the Ninth Circuit. The briefing schedule in the Appellate Case is set as follows: -- Transcript must be ordered by July 21, 2017; -- Transcript is due on October 19, 2017; -- Appellants Becky Ebenkamp and Rebecca Morris' opening brief is due on November 28, 2017; -- Appellees California Physicians Service and Does' answering brief is due on December 28, 2017; and -- Appellant's optional reply brief is due 21 days after service of the answering brief.[BN] Plaintiffs-Appellants REBECCA MORRIS, individually and on behalf of all others similarly situated, and BECKY EBENKAMP, individually and on behalf of all others similarly situated, are represented by: Jay Angoff, Esq. MEHRI & SKALET, PLLC 1250 Connecticut Avenue, NW Washington, DC 20036 Telephone: (200) 822-5100 Facsimile: (202) 822-4997 E-mail: jay.angoff@findjustice.com Defendant-Appellee CALIFORNIA PHYSICIANS SERVICE, DBA Blue Shield of California, is represented by: Craig Bloomgarden, Esq. Esra Acikalin Hudson, Esq. Gregory Pimstone, Esq. MANATT, PHELPS & PHILLIPS, LLP 11355 West Olympic Boulevard Los Angeles, CA 90064 Telephone: (310) 312-4240 E-mail: cbloomgarden@manatt.com ehudson@manatt.com gpimstone@manatt.com CAREGIVERS FOR INDEPENDENCE: Court Tosses Claims in "Lee" Suit -------------------------------------------------------------- The Hon. Michael R. Barrett entered an opinion and order in the lawsuit captioned BOBBI LEE, individually and on behalf of all others similarly situated v. CAREGIVERS FOR INDEPENDENCE, LLC, et al., Case No. 1:16-cv-00946-MRB (S.D. Ohio): -- granting the Plaintiff's motions for leave to file supplemental authority; -- denying the Plaintiff's motion to conditionally certify a Fair Labor Standards Act collective action, approve notice and expedited consideration; -- granting the Defendants' Motion for Judgment on the Pleadings; and -- dismissing with prejudice the Plaintiff's claims. Plaintiff Bobbi Lee filed a complaint on behalf of herself and others similarly situated against the Defendants seeking unpaid overtime wages under the Fair Labor Standards Act, the Ohio Minimum Fair Wage Standards and the Ohio Prompt Pay Act. The Ohio Minimum Fair Wage Standards Act is to be construed in accordance with the FLSA, the Court says, citing Douglas v. Argo- Tech Corp., 113 F.3d 67, 69 n.2 (6th Cir. 1997); Ohio Rev. Code Section 4111.03(A). Additionally, Judge Barrett opines, the Plaintiff's claim based upon the Ohio Prompt Pay Act depends entirely on the resolution of Plaintiff's claims for unpaid overtime. Therefore, dismissal of Plaintiff's FLSA claim requires dismissal of her parallel state law claims as well. A copy of the Opinion and Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=OKwocdOL CELGENE CORP: Engineers Fund Hits Thalomid/Lenalidomide Monopoly ---------------------------------------------------------------- International Union of Operating Engineers Stationary Engineers Local 39 Health and Welfare Trust Fund, The Detectives' Endowment Association, Inc. and David Mitchell, individually and on behalf of all others similarly situated, Plaintiffs, v. Celgene Corporation, Defendant, Case No. 2:17-cv-04319 (D.N.J., June 14, 2017), seeks equitable relief in the nature of disgorgement, restitution and the creation of a constructive trust to remedy Defendant's unjust enrichment; damages; treble, multiple, punitive and/or other damages including interest; and reasonable attorneys' fees as provided by various state anti-monopoly laws. Celgene sells thalidomide and under the brand-name thalomid and lenalidomide respectively. Both drugs have dangerous side effects, namely, life-threatening birth defects when ingested by pregnant women. Celgene used FDA safety requirements that were designed to ensure safe access to these dangerous drugs as a pretext to delay and indefinitely postpone the availability of cost-saving generic alternatives to these drugs and fraudulently obtaining patents on the procedures to ensure safe use of thalomid and revlimid in order to block generic entrants from coming to market, says the complaint. [BN] Plaintiffs are represented by: Frank R. Schirripa, Esq. Daniel B. Rehns, Esq. David R. Cheverie, Esq. John A. Blyth, Esq. HACH ROSE SCHIRRIPA & CHEVERIE LLP 185 Madison Avenue New York, NY 10016 Tel: (212) 213-8311 Email: fschirripa@hrsclaw.com dcheverie@hrsclaw.com drehns@hachroselaw.com jblyth@hrsclaw.com - and - Katie R. Beran, Esq. Brent W. Landau, Esq. HAUSFELD LLP 325 Chestnut Street, Suite 900 Philadelphia, PA 19106 Tel: (215) 985-3270 Fax: (215) 985-2371 Email: kberan@hausfeld.com blandau@hausfeld.com - and - Walter D. Kelley, Jr., Esq. Melinda R. Coolidge, Esq. 1700 K Street NW, Suite 650 Washington, DC 20006 Tel: (202) 540-7200 Email: wkelley@hausfeld.com mcoolidge@hausfeld.com CITIGUARD INC: OT Pay, Missed Break Premium Sought by "Jones" ------------------------------------------------------------- Tyler Jones, on behalf of all similarly situated employees Plaintiff, v. Citiguard, Inc., Defendant, Case No. BC664890, (Cal. Super., June 13, 2017), seeks unpaid wages and interest thereon for failure to pay for overtime 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, waiting time penalties in the form of continuation wages for failure to timely pay employees all wages due upon separation of employment, reimbursement of uniform expenses, injunctive relief and other equitable relief, and reasonable attorney's fees and costs and interest pursuant to the California labor Code, the Unfair Business Practices provision of the California Business and Professions Code and applicable Industrial Welfare Commission Wage Orders. Defendants owns and operate a security services agency in Northridge, Los Angeles which employed Jones as a security guard on March 6 to May 4, 2017. Plaintiff is represented by: Kane Moon, Esq. Justin F. Marquez, Esq. Allen Feghali, Esq. MOON & YANG, APC 3435 Wilshire Blvd., Suite 1820 Los Angeles, CA 90010 Telephone: (213) 232-3128 Facsimile: (213) 232-3125 E-mail: kane.moon@moonyanglaw.com justin.marquez@moonyanglaw.com allen.feghali@moonyanglaw.com CLIENT SERVICES: Class Certification Sought in "Bruchhauser" Suit ----------------------------------------------------------------- Susan Bruchhauser and Charles Livermore move the Court to certify the class described in the complaint of the lawsuit captioned SUSAN BRUCHHAUSER and CHARLES LIVERMORE, Individually and on Behalf of All Others Similarly Situated v. CLIENT SERVICES, INC., Case No. 2:17-cv-00860-WED (E.D. Wisc.), and further ask that the Court both stay the motion for class certification and to grant the Plaintiffs (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. Dicta in the Supreme Court's decision in Campbell-Ewald Co. v. Gomez, left open the possibility that a defendant facing a class action complaint could moot a class representative's case by depositing funds equal to or in excess of the maximum value of the plaintiff's individual claim with the court and having the court enter judgment in the plaintiff's favor prior to the filing of a class certification motion, the Plaintiffs assert, citing Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016). To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion. Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011), overruled on other grounds, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015) ("The pendency of that motion [for class certification] protects a putative class from attempts to buy off the named plaintiffs."). The Plaintiffs are obligated to move for class certification to protect the interests of the putative class, they contend. More than one defendant has already attempted the scheme contemplated in Campbell-Ewald. See Severns v. Eastern Account Systems of Connecticut, Inc., Case No. 15-cv-1168, 2016 U.S. Dist. LEXIS 23164 (E.D. Wis. Feb. 24, 2016). Judge Randa denied the defendant's request to deposit funds on grounds that a class certification motion was pending. As the Motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when short motion to certify and stay should suffice until an amended motion is filed, the Plaintiffs contend. The Plaintiffs also ask to be appointed as class representative, and for the appointment of Ademi & O'Reilly, LLP, as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=7XLocytZ The Plaintiffs are represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com COBALT INTERNATIONAL: Seeks Review of Ruling in St. Lucie Suit -------------------------------------------------------------- Defendants Joseph H. Bryant, et al., filed an appeal from a court ruling in the lawsuit titled St. Lucie County Fire District, et al. v. Joseph Bryant, et al., Case No. 4:14-CV-3428, in the U.S. District Court for the Southern District of Texas, Houston. The Defendants-Petitioners are JOSEPH H. BRYANT, JAMES W. FARNSWORTH, JOHN P. WILKIRSON, PETER R. CONEWAY, HENRY CORNELL, JACK E. GOLDEN, N. JOHN LANCASTER, JON A. MARSHALL, KENNETH W. MOORE, J. HARDY MURCHISON, MICHAEL G. FRANCE, KENNETH A. PONTARELLI, SCOTT L. LEBOVITZ, MYLES W. SCOGGINS, D. JEFF VAN STEENBERGEN, MARTIN H. YOUNG, JR., WILLIAM P. UTT, COBALT INTERNATIONAL ENERGY, INCORPORATED, GOLDMAN SACHS GROUP, INCORPORATED, RIVERSTONE HOLDINGS, L.L.C., CARLYLE GROUP, GOLDMAN SACHS & COMPANY, MORGAN STANLEY & COMPANY, L.L.C., CREDIT SUISSE SECURITIES (USA), L.L.C., CITIGROUP GLOBAL MARKETS, INCORPORATED, JP MORGAN SECURITIES, L.L.C., TUDOR, PICKERING, HOLT & COMPANY SECURITIES, INCORPORATED, DEUTSCHE BANK SECURITIES, INCORPORATED, RBC CAPITAL MARKETS, L.L.C., UBS SECURITIES, L.L.C., HOWARD WEIL, INCORPORATED, STIFEL, NICOLAUS & COMPANY, INCORPORATED, CAPITAL ONE SOUTHCOAST, INCORPORATED, LAZARD CAPITAL MARKETS, L.L.C., FRC FOUNDERS CORPORATION, and ACM, LIMITED. As previously reported in the Class Action Reporter on June 26, 2017, District Judge Nancy F. Atlas granted the Plaintiffs' motion for class certification and appointment of class representative and class counsel. The Plaintiffs filed a securities class action lawsuit and on March 15, 2017, they filed their second amended complaint. The Plaintiffs assert claims under the Securities Exchange Act of 1934. The appellate case is captioned as St. Lucie County Fire District, et al. v. Joseph Bryant, et al., Case No. 17-90024, in the U.S. Court of Appeals for the Fifth Circuit.[BN] Plaintiffs-Respondents ST. LUCIE COUNTY FIRE DISTRICT FIREFIGHTERS' PENSION TRUST FUND; FIRE AND POLICE RETIREE HEALTH CARE FUND, SAN ANTONIO, on behalf of themselves and all others similarly situated; SJUNDE AP-FONDEN; GAMCO GLOBAL GOLD, NATURAL RESOURCES & INCOME TRUST, lead plaintiff; GAMCO NATURAL RESOURCES, GOLD & INCOME TRUST; and UNIVERSAL INVESTMENT GESELLSCHAFT M.B.H. are represented by: Thomas R. Ajamie, Esq. AJAMIE, L.L.P. 711 Louisiana Street Pennzoil Place S. Tower Houston, TX 77002 Telephone: (713) 860-1600 E-mail: tajamie@ajamie.com - and - Gerald T. Drought, Esq. MARTIN & DROUGHT, P.C. 300 Convent Street Bank of America Plaza San Antonio, TX 78205 Telephone: (210) 227-7591 E-mail: gdrought@mdtlaw.com - and - Andrew J. Entwistle, Esq. ENTWISTLE & CAPPUCCI LLP 299 Park Avenue New York, NY 10171-0000 Telephone: (212) 894-7288 E-mail: aentwistle@entwistle-law.com - and - Matthew C. Matheny, Esq. PROVOST UMPHREY LAW FIRM, L.L.P. 490 Park Street Beaumont, TX 77701 Telephone: (409) 838-8826 Facsimile: (409) 838-8888 E-mail: mmatheny@provostumphrey.com - and - Christopher F. Moriarty, Esq. MOTLEY RICE, L.L.C. 28 Bridgeside Boulevard Mount Pleasant, SC 29464 Telephone: (843) 216-9000 E-mail: cmoriarty@motleyrice.com - and - David R. Stickney, Esq. BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 12481 High Bluff Drive San Diego, CA 92130-0000 Telephone: (858) 7963-0070 E-mail: davids@blbglaw.com - and - Johnston de Forest Whitman, Jr., Esq. KESSLER TOPAZ MELTZER & CHECK, L.L.P. 280 King of Prussia Road Radnor, PA 19087 Telephone: (610) 667-7706 E-mail: jwhitman@ktmc.com Defendant-Petitioner JOSEPH H. BRYANT is represented by: Karl S. Stern, Esq. QUINN EMANUEL URQUHART & SULLIVAN 711 Louisiana Street Houston, TX 77002 Telephone: (713) 221-7000 E-mail: karlstern@quinnemanuel.com Defendants-Petitioners JAMES W. FARNSWORTH, JOHN P. WILKIRSON, PETER R. CONEWAY, HENRY CORNELL, JACK E. GOLDEN, N. JOHN LANCASTER, JON A. MARSHALL, KENNETH W. MOORE, J. HARDY MURCHISON, MICHAEL G. FRANCE, KENNETH A. PONTARELLI, SCOTT L. LEBOVITZ, MYLES W. SCOGGINS, D. JEFF VAN STEENBERGEN, MARTIN H. YOUNG, JR., WILLIAM P. UTT, and COBALT INTERNATIONAL ENERGY, INCORPORATED, are represented by: David Dykeman Sterling, Esq. Aaron Michael Streett, Esq. BAKER BOTTS, L.L.P. 910 Louisiana Street 1 Shell Plaza Houston, TX 77002 Telephone: (713) 229-1946 E-mail: david.sterling@bakerbotts.com aaron.streett@bakerbotts.com Defendants-Petitioners GOLDMAN SACHS GROUP, INCORPORATED, RIVERSTONE HOLDINGS, L.L.C., FRC FOUNDERS CORPORATION, and ACM, LIMITED, are represented by: George T. Conway, III, Esq. WACHTELL, LIPTON, ROSEN & KATZ 51 W. 52nd Street New York, NY 10019 Telephone: (212) 403-1260 E-mail: GTConway@wlrk.com - and - Ronald Leslie Oran, Esq. STRASBURGER & PRICE, L.L.P. 909 Fannin Street Houston, TX 77010 Telephone: (713) 951-5676 E-mail: ron.oran@strasburger.com Defendant-Petitioner CARLYLE GROUP is represented by: Robert A. Van Kirk, Esq. WILLIAMS & CONNOLLY, L.L.P. 725 12th Street, N.W. Washington, DC 20005 Telephone: (202) 434-5163 E-mail: rvankirk@wc.com Defendants-Petitioners GOLDMAN SACHS & COMPANY; MORGAN STANLEY & COMPANY, L.L.C.; CREDIT SUISSE SECURITIES (USA), L.L.C.; CITIGROUP GLOBAL MARKETS, INCORPORATED; JP MORGAN SECURITIES, L.L.C.; TUDOR, PICKERING, HOLT & COMPANY SECURITIES, INCORPORATED; DEUTSCHE BANK SECURITIES, INCORPORATED; RBC CAPITAL MARKETS, L.L.C.; UBS SECURITIES, L.L.C.; HOWARD WEIL, INCORPORATED; STIFEL, NICOLAUS & COMPANY, INCORPORATED; CAPITAL ONE SOUTHCOAST, INCORPORATED; and LAZARD CAPITAL MARKETS, L.L.C. are represented by: Jay B. Kasner, Esq. SKADDEN, ARPS, SLATE, MEAGHER & FLOM, L.L.P. 4 Times Square New York, NY 10036-6522 Telephone: (212) 735-2628 E-mail: jay.kasner@skadden.com - and - Noelle M. Reed, Esq. SKADDEN, ARPS, SLATE, MEAGHER & FLOM, L.L.P. 1000 Louisiana Street Houston, TX 77002 Telephone: (713) 655-5122 E-mail: noelle.reed@skadden.com COLLECTO INC: Annunziato Seeks Final Approval of Class Settlement ----------------------------------------------------------------- The Plaintiffs in the lawsuit styled David Annunziato and Eli Kalkstein, on behalf of themselves and all others similarly situated v. Collecto, Inc., Case No. 2:12-cv-03609-ADS-AKT (E.D.N.Y.), moves for final approval of the parties' class action settlement, attorney fees, and representative fees. On January 10, 2017, the Settlement received preliminary approval and the Court directed that notice of be sent to 590 class members. No class member has objected, and no class member has "opted out." A total of 58 notices were returned as undeliverable. The parties have agreed that undistributed funds will be given as a cy pres award to the Suffolk County Bar Association Pro Bono Foundation. The case arose from the Defendant's alleged conduct that violated the Fair Debt Collection Practices Act. In the Settlement, the Defendant agreed to pay $500 to each class member as well as full actual damages to class members, who paid the allegedly illegal "collection costs." The Plaintiff seeks an agreed-upon recovery of $240,000 for attorney fees and costs. The parties have also agreed to an award of $5,000 to each of the two class representatives. A copy of the Memorandum filed in support of the motion for final approval of class settlement is available at no charge at http://d.classactionreporternewsletter.com/u?f=GmIK0JvE The Plaintiffs are represented by: Joseph M. Mauro, Esq. LAW OFFICE OF JOSEPH MAURO, LLC 360 McCall Avenue West Islip, NY 11795 Telephone: (631) 669-0921 Facsimile: (631) 669-5071 E-mail: joemauroesq@hotmail.com - and - Brian L. Bromberg, Esq. BROMBERG LAW OFFICE, P.C. 26 Broadway, 21st Floor New York, NY 10004 Telephone: (212) 248-7906 Facsimile: (212) 248-7908 E-mail: brian@bromberglawoffice.com COMPASS GROUP: Faces "Johnson" Lawsuit Under Calif. Labor Code -------------------------------------------------------------- GERALD JOHNSON, MAISHAGROCHOWSKI, STEVEN AGUILAR, and HECTOR PORTILLO, Individually and On Behalf of All Others Similarly Situated, Plaintiffs, v. COMPASS GROUP, USA, INC., Defendant, Case No. 4:17-cv-03543-KAW (N.D. Cal., June 20, 2017), alleges that Compass Group has systematically run afoul of California's Labor Code in numerous ways, including its failure to keep and maintain adequate records of hours worked, engaging in a policy and practice of refusing to provide workers meal and rest breaks, failing to provide a mechanism for workers to receive payments and penalties for missed breaks, failing to compensate workers for "off-the-clock" work before and after their shifts, failing to reimburse workers for company-mandated use of their cell phones, and failing to pay all wages, overtime and commissions in compliance with California law. Defendant Compass Group USA, Inc., is a food service and vending company. Plaintiffs are workers employed by Compass Group via its Canteen moniker as route and delivery drivers throughout its operations in California. [BN] The Plaintiffs are represented by: Laurence D. King, Esq. Linda M. Fong, Esq. Matthew B. George, Esq. Mario M. Choi, Esq. KAPLAN FOX & KILSHEIMER LLP 350 Sansome Street, Suite 400 San Francisco, CA 94104 Phone: 415-772-4700 Fax: 415-772-4707 E-mail: lking@kaplanfox.com lfong@kaplanfox.com mgeorge@kaplanfox.com mchoi@kaplanfox.com - and - Gennaro Du Terroil, Esq. LAW OFFICES OF GENNARO DU TERROIL 18756 Stone Oak Pkwy Suite 200 San Antonio, TX 78258 Phone: 210-998-5645 Fax: 210-495-4670 E-mail: cibelliterroil@outlook.com CONCHETTA INC: Third Circuit Appeal Filed in "Colon" Class Suit --------------------------------------------------------------- Plaintiff Julieann Colon filed an appeal from a court ruling in the lawsuit entitled Julieann Colon v. Conchetta Inc., et al., Case No. 2-17-cv-00959, in the U.S. District Court for the Eastern District of Pennsylvania. As previously reported in the Class Action Reporter on June 22, 2017, Judge Robert F. Kelly, Sr., granted the Defendants' motion to compel arbitration and dismiss the proceedings, and to stay discovery pending determination of the motion. On March 2, 2017, Ms. Colon filed the present class action alleging federal and Pennsylvania state wage violations. Specifically, Ms. Colon claims she was an exotic dancer at various entities doing business as "Club Risque." The essence of her Complaint is that she and others are entitled to damages because the Defendants improperly classify exotic dancers as "independent contractors." Thus, Ms. Colon claims that the Defendants have, inter alia, violated the federal Fair Labor Standards Act and Pennsylvania state law relating to the failure to pay the applicable minimum wage; failure to pay overtime compensation in excess of forty hours; improper collection of a portion of tips the dancers receive from the public; and improper subsidization of the businesses by requiring a portion of tips to be forfeited to management and employees who do not regularly receive tips. The appellate case is captioned as Julieann Colon v. Conchetta Inc., et al., Case No. 17-2431, in the United States Court of Appeals for the Third Circuit.[BN] Plaintiff-Appellant JULIEANN COLON, on behalf of herself and all others similarly situated, is represented by: Gerald D. Wells, III, Esq. CONNOLLY WELLS & GRAY, LLP 2200 Renaissance Boulevard, Suite 275 King of Prussia, PA 19406 Telephone: (610) 822-3700 E-mail: gwells@cwglaw.com Defendants-Appellees CONCHETTA INC, d/b/a Club Risque, and RT 413 INC, d/b/a Club Risque, are represented by: Matthew J. Hoffer, Esq. SHAFER & ASSOCIATES PC 3800 Capital City Boulevard, Suite 2 Lansing, MI 48906 Telephone: (517) 886-6560 Facsimile: (517) 886-6565 E-mail: matt@bradshaferlaw.com Defendants-Appellees CONCHETTA INC, d/b/a Club Risque, RT 413 INC, d/b/a Club Risque, TACONY 2008 INC, d/b/a Club Risque, CONNIE INNEZZELLI, DEAN PAGANO, RONALD CRUDELE and THEODORE PAGANO, JR., are represented by: Luke Lirot, Esq. CHARLES LIROT, P.A. 2240 Belleair Road Clearwater, FL 33764 Telephone: (727) 536-2100 - and - Marlo Pagano-Kelleher, Esq. THE PAGANO LAW FIRM, LLC 115 West State Street Media, PA 19063 Telephone: (215) 665-5515 E-mail: marlo@paganolawyers.com CUTTER LUMBER: "Medina" Seeks Last Pay, Vacation Credits -------------------------------------------------------- Victor Medina, individually, and on behalf of others similarly situated, Plaintiffs, v. Cutter Lumber Products, Defendants, Case No. 17863773 (Cal. Super., June 13, 2017), seeks statutory penalties for Defendant's failure to provide accurate wage statements, waiting time penalties in the form of continuation wages for failure to timely pay employees all wages due upon separation of employment, unpaid vacation leave credits, 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. Defendant manufactures and sells wood pallets, plastic pallets, skids and custom pallets. Cutter Lumber is located at 10 Rickenbacker Cir, Livermore, CA 94551. [BN] The Plaintiff is represented by: Liane Katzenstein Ly, Esq. Eric B. Kingsley, Esq Ari J. Stiller, Esq. KINGSLEY & KINGSLEY, APC 16133 Ventura Blvd, Suite 1200 Encino, CA 91436 Tel: (818) 990-8300 Fax: (818) 990-2903 Email: eric@kingsleykingsley.com liane@kingsleykingsley.com ari@kingsleykingsley.com - and - Sahag Majarian II, Esq. LAW OFFICES OF SAHAG MAJARIAN, II 18250 Ventura Boulevard Tarzana, CA 91356 Telephone: (818) 609-0807 Facsimile: (818) 609-0892 Email: sahagii@aol.com CUTTERS WIRELINE: "Lindsay" Action Asserts FLSA Breach ------------------------------------------------------ Thad Lindsay, on behalf of himself and all similarly situated persons, Plaintiff, v. Cutters Wireline Service, Inc., Mesa Wireline, LLC, Lone Wolf Wireline, Inc. and Wireline Specialties, Inc., Capitan Corporation and Capitan Wireline, LLC, collectively d/b/a Cutters Wireline Group, Defendants, Case No. 1:17-cv-01445, (D. Colo., June 14, 2017), seeks declaratory and/or injunctive relief, compensatory damages, service awards, attorneys' fees and litigation expenses, prejudgment, post-judgment and moratory interest as provided by law, liquidated damages and/or statutory penalties/interest and such other and further relief under the Fair Labor Standards Act, Colorado Wage Claim Act and the Colorado Minimum Wage Act. Cutters is an oilfield service company providing wireline services at locations in Colorado, Wyoming, Texas, Utah and New Mexico. Plaintiff worked for Cutters as a wireline operator at various locations in Colorado, New Mexico and Utah. Plaintiff is represented by: Brian D. Gonzales, Esq. THE LAW OFFICES OF BRIAN D. GONZALES, PLLC 242 Linden Street Fort Collins, CO 80524 Tel: (970) 214-0562 Email: BGonzales@ColoradoWageLaw.com EXTRA SPACE: Wins Final OK of $5-Mil. Settlement in "Gomes" Suit ---------------------------------------------------------------- The Hon. Cathy L. Waldor entered an order granting final approval of class action settlement agreement, awarding attorneys' fees and costs, and granting incentive award to the Plaintiff in the lawsuit styled STEVEN GOMES, JR., on behalf of himself and those similarly situated v. EXTRA SPACE STORAGE, INC.; EXTRA SPACE MANAGEMENT, INC.; and JOHN DOE COMPANIES 1-50, Case No. 2:13-cv- 00929-CLW (D.N.J.). This Settlement Class is certified, solely for purposes of the Settlement, pursuant to Rule 23 of the Federal Rules of Civil Procedure: Settlement Class: The 154,726 individuals identified by Defendants via confirmatory discovery who, at any time on or after January 11, 2007 through November 18, 2014 entered into a Rental Agreement with Extra Space for storage space at a New Jersey location, using a form of Rental Agreement the same as or similar to the Rental Agreement that Extra Space used in its transaction with Plaintiff. Settlement Subclass: The 7,716 individuals identified by Defendants via confirmatory discovery who are members of the Settlement Class and whose property was sold by Defendants. The Settlement Agreement provides that each Settlement Class Member will receive a certificate valued at $75, which can be used for $75 of goods sold at Extra Space facilities in New Jersey or $75.00 towards rental of new rental units at Extra Space facilities in New Jersey. Extra Space will deposit $5,079,856 into a common fund within 10 days of the date of this Order. Each Settlement Class Member will receive a settlement check of approximately $25. The objections of Edward Anthony Shields, pro se, and John Schillizzi, pro se, are dismissed with prejudice. The Court approves the $22,500 payment to Plaintiff Steven Gornes, Jr., from the Common fund to resolve his individual claims related to the short sale of his personal property and as an incentive award in recognition of his efforts on behalf of the Settlement Class and Subclass. The Court also grants Class Counsel's application for attorneys' fees and costs in the uncontested amount of $725,000, which includes all fees and costs for time already spent and time to be spent, including finalizing the Settlement, attending hearings, and monitoring of the settlement. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=oGySQUL6 FITBIT INC: "Robb" Suit Parties Agree to Cert. of Two Classes ------------------------------------------------------------- The Hon. Susan Illston entered a stipulation and order granting the Lead Plaintiff's motion for class certification in the lawsuit entitled BRIAN H. ROBB, Individually and on Behalf of All Others Similarly Situated v. FITBIT INC., JAMES PARK, WILLIAM R. ZERELLA, ERIC N. FRIEDMAN, JONATHAN D. CALLAGHAN, STEVEN MURRAY, CHRISTOPHER PAISLEY, MORGAN STANLEY & CO. LLC, DEUTSCHE BANK SECURITIES INC., and MERRILL LYNCH, PIERCE, FENNER & SMITH INC., Case No. 3:16-cv-00151-SI (N.D. Cal.). Defendants Fitbit Inc., James Park, William R. Zerella, Eric N. Friedman, Jonathan D. Callaghan, Steven Murray, and Christopher Paisley (the "Individual Defendants"), Morgan Stanley & Co. LLC, Deutsche Bank Securities Inc., and Merrill Lynch, Pierce, Fenner & Smith Incorporated (the "Underwriter Defendants") and Lead Plaintiff the Fitbit Investor Group stipulated and agreed that: 1. Lead Plaintiff's Motion for Class Certification should be granted; 2. These classes should be certified: a. The Exchange Act Class: all persons who purchased or otherwise acquired Fitbit securities on the open market between June 18, 2015, and May 19, 2016, both dates inclusive (the "Exchange Act Class Period"). Excluded from the Exchange Act Class are (i) Defendants and the Individual Defendants' family members; (ii) directors and officers of Fitbit and their families; (iii) any entity in which the Fitbit Defendants have or had a controlling interest; and (iv) any entity in which the Underwriter Defendants have or had a majority interest; and b. The Securities Act Class: all persons who purchased or otherwise acquired Fitbit Class A common stock pursuant and/or traceable to the Company's initial public offering on or about June 18, 2015 (the "IPO"). Excluded from the Securities Act Class are (i) Defendants and the Individual Defendants' family members; (ii) directors and officers of Fitbit and their families; (iii) any entity in which the Fitbit Defendants have or had a controlling interest; and (iv) any entity in which the Underwriter Defendants have or had a majority interest.; 3. Lead Plaintiff Fitbit Investor Group (composed of Plaintiffs Timothy Flynn, Jesse M. Koth and Kelley Koth, Viet Tran, and Mark Cunningham) should be appointed as class representative for both classes; 4. Lead Counsel Glancy Prongay & Murray LLP and Pomerantz LLP should be appointed as class counsel for both classes; and 5. The Parties shall meet and confer regarding the form of notice to be distributed to the classes and the schedule for providing notice to the classes, and Plaintiffs shall submit the proposed notice and schedule to the Court no later than August 23, 2017 (14 days after completion of the Parties' mediation). Defendants neither support nor oppose class certification and reserve their rights (i) to seek to modify the definition of the class and to contest the adequacy of the individual class representative, if warranted in light of discovery taken in the case or applicable law; (ii) to conduct discovery regarding the individual class representatives and the propriety of the class; and (iii) to challenge at later stages of the litigation any of the Plaintiffs' claims in this matter, including but not limited to the allegations, arguments, and purported facts in Lead Plaintiff's Motion for Class Certification and the papers filed in support. A copy of the Stipulation and Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=celS4yV5 The Plaintiffs are represented by: Brian P. Murray, Esq. Garth A. Spencer, Esq. GLANCY PRONGAY & MURRAY LLP 230 Park Avenue, Suite 530 New York, NY 10169 Telephone: (212) 682-5340 Facsimile: (212) 884-0988 E-mail: bmurray@glancylaw.com gspencer@glancylaw.com - and - Jeremy A. Lieberman, Esq. Murielle J. Steven Walsh, Esq. Aatif Iqbal, 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 mjsteven@pomlaw.com aiqbal@pomlaw.com - and - Jennifer Pafiti, Esq. POMERANTZ LLP 468 North Camden Drive Beverly Hills, CA 90210 Telephone: (818) 532-6499 E-mail: jpafiti@pomlaw.com - and - Patrick V. Dahlstrom, Esq. POMERANTZ LLP 10 South LaSalle Street, Suite 3505 Chicago, IL 60603 Telephone: (312) 377-1181 Facsimile: (312) 377-1184 E-mail: pdahlstrom@pomlaw.com Defendants Morgan Stanley & Co. LLC, Deutsche Bank Securities Inc., and Merrill Lynch, Pierce, Fenner & Smith Incorporated are represented by: Jonathan Rosenberg, Esq. William J. Sushon, Esq. O'MELVENY & MYERS LLP Seven Times Square New York, NY 10036 Telephone: (212) 326-2000 Facsimile: (212) 326-2061 E-mail: jrosenberg@omm.com wsushon@omm.com - and - Matthew D. Powers, Esq. O'MELVENY & MYERS LLP Two Embarcadero Center San Francisco, CA 94111 Telephone: (415) 984-8700 Facsimile: (415) 984-8701 E-mail: mpowers@omm.com Defendants Fitbit Inc., James Park, William R. Zerella, Eric N. Friedman, Jonathan D. Callaghan Steven Murray and Christopher Paisley are represented by: Jordan Eth, Esq. Anna Erickson White, Esq. Philip T. Besirof, Esq. Ryan M. Keats, Esq. MORRISON & FOERSTER LLP 425 Market Street San Francisco, CA 94105 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 E-mail: jeth@mofo.com awhite@mofo.com PBesirof@mofo.com rkeats@mofo.com FLEETCOR TECH: Sunrise City Plan Sues Over Share Price Drop ----------------------------------------------------------- City of Sunrise General Employees' Retirement Plan, on behalf of itself and all others similarly situated, Plaintiff, v. Fleetcor Technologies, Inc., Ronald F. Clarke, and Eric R. Dey, Defendants, Case No. 1:17-cv-02207 (N.D. Ga., June 14, 2017), seeks compensatory damages, including interest, reasonable costs and expenses incurred in this action, including attorneys' fees and expert fees and such equitable/injunctive or other further relief for violation of the Securities Exchange Act of 1934. FleetCor is a fuel-card company that offers its products and services to small businesses as well as government and corporate clients. FleetCor is accused of fraudulent overcharging of its customers, dissemination of misleading marketing materials, predatory sales practices. In addition, FleetCor's fees were not clearly disclosed in its contracts contrary to its representations to investors and customers. On December 19, 2016, Chevron, FleetCor's largest U.S. partner, announced that it terminated its contract. On this news, the price of FleetCor stock declined from $148.04 per share on December 16, 2016 to $142.96 per share on December 19, 2016, or approximately 3%. City of Sunrise General Employees' Retirement Plan is a public pension fund that provides retirement benefits to public workers (other than police officers and firefighters) within the city of Sunrise, Florida. They invested in FleetCor securities. [BN] Plaintiff is represented by: H. Lamar Mixson, Esq. Amanda Seals Bersinger, Esq. BONDURANT MIXSON & ELMORE, LLP 1201 West Peachtree Street NW, Suite 3900 Atlanta, GA 30309 Tel: (404) 881-4100 Fax: (404) 881-4111 Email: mixson@bmelaw.com bersinger@bmelaw.com FMA ALLIANCE: Livermore Moves Court for Certification of Class -------------------------------------------------------------- Charles Livermore moves the Court to certify the class described in the complaint of the lawsuit entitled CHARLES LIVERMORE, Individually and on Behalf of All Others Similarly Situated v. FMA ALLIANCE LTD., Case No. 2:17-cv-00861-WED (E.D. Wisc.), and further asks that the Court both stay the motion for class certification and to grant the Plaintiff (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. Dicta in the Supreme Court's decision in Campbell-Ewald Co. v. Gomez, left open the possibility that a defendant facing a class action complaint could moot a class representative's case by depositing funds equal to or in excess of the maximum value of the plaintiff's individual claim with the court and having the court enter judgment in the plaintiff's favor prior to the filing of a class certification motion, the Plaintiff asserts, citing Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016). To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion. Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011), overruled on other grounds, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015) ("The pendency of that motion [for class certification] protects a putative class from attempts to buy off the named plaintiffs."). The Plaintiff is obligated to move for class certification to protect the interests of the putative class, the Plaintiff contends. More than one defendant has already attempted the scheme contemplated in Campbell-Ewald. See Severns v. Eastern Account Systems of Connecticut, Inc., Case No. 15-cv-1168, 2016 U.S. Dist. LEXIS 23164 (E.D. Wis. Feb. 24, 2016). Judge Randa denied the defendant's request to deposit funds on grounds that a class certification motion was pending. As the Motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when short motion to certify and stay should suffice until an amended motion is filed, the Plaintiff contends. The Plaintiff also asks to be appointed as class representative, and for the appointment of Ademi & O'Reilly, LLP, as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=Rkw7iJMh The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com FREDCO LANDSCAPING: Faces "Pulido" Suit Under FLSA, NJ Wage Law --------------------------------------------------------------- MARTIN PULIDO, and similarly situated individuals, Plaintiffs, vs. FREDCO LANDSCAPING, CO., FRANK LEMBO, individually, and JASON LEMBO, individually, Defendants, Case No. 2:17-cv-04470 (D.N.J., June 19, 2017), alleges that Defendants did not properly compensate Plaintiff, and those similarly situated employees, for overtime hours worked in a work week in violation of the Fair Labor Standards Act, and the New Jersey State Wage and Hour Law. Defendants' own and operate a landscaping/construction company. Plaintiff performed non-exempt landscaping and construction duties for the Defendants.[BN] The Plaintiff is represented by: Andrew I. Glenn, Esq. JAFFE GLENN LAW GROUP, P.A. 301 N. Harrison Street, Suite 9F, #306 Princeton, NJ 08540 Phone: (201) 687-9977 Fax: (201) 595-0308 E-mail: Aglenn@JaffeGlenn.com GULFPORT ENERGY: Slone Moves to Certify Class of Consultants ------------------------------------------------------------ The Plaintiffs in the lawsuit entitled TIMOTHY SLONE and BOBBY WALDON, Each Individually and on Behalf of All Others Similarly Situated v. GULFPORT ENERGY CORP., Case No. 5:16-cv-01296-HE (W.D. Okla.), moves for conditional certification. Gulfport misclassified its safety consultants and its completions consultants as independent contractors in order to avoid paying them overtime wages required under federal law, the Plaintiffs allege. They contend that Gulfport maintained a uniform pay practice of paying these consultants a day rate without any overtime compensation. Because the relationship between the safety and completions consultants with Gulfport rise to that of an employee/employer relationship, Gulfport's day rate independent contractor classification flagrantly violates the Fair Labor Standards Act, the Plaintiffs assert. The Plaintiffs seek to allow their coworkers -- other safety consultants and completions consultants treated as day rate independent contractors by Gulfport, to receive notice of this collective action, and stop the statute of limitations from running on their valuable back wage claims. The Plaintiffs also ask the Court to approve their proposed Notice & Consent Form and opt-in procedures. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=NJhQly0p The Plaintiffs are represented by: Richard J. (Rex) Burch, Esq. Matthew S. Parmet, Esq. BRUCKNER BURCH PLLC 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Telephone: (713) 877-8788 Telecopier: (713) 877-8065 E-mail: rburch@brucknerburch.com mparmet@brucknerburch.com - and - Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. JOSEPHSON DUNLAP LAW FIRM 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Telecopier: (713) 352-3300 E-mail: mjosephson@mybackwages.com adunlap@mybackwages.com HOME DEPOT: "Kearney" Action Seek Unpaid Overtime Wages ------------------------------------------------------- Gary Kearney, on behalf of himself and the other members of the collective, Plaintiff v. Home Depot USA, Inc., Kevin P. Fucich LLC (d/b/a Falcon Security) and Point 2 Point Global Security, Inc., Defendants, Case No. 2:17-cv-05806, (E.D. La., June 14, 2017), seeks unpaid wages, minimum wage and overtime, liquidated damages, reasonable attorney's fees, costs of suit, penalties, injunctive and equitable relief, prejudgment and post-judgment interest and such other and further relief pursuant to the Fair Labor Standards Act. Home Depot operates retail stores throughout the country, including approximately ten retail stores within Florida and Georgia. Kearney worked for Falcon Security as a temporary security guard to help secure the Home Depot retail stores on the east coast of Florida. Defendants did not provide Kearney with a hotel room or other accommodations, was never allowed to sleep through the night, did not provide Kearney with any food and was required to remain on the Home Depot premises at all times and was not permitted to leave, asserts the complaint. [BN] Plaintiff is represented by: Charles J. Stiegler, Esq. STIEGLER LAW FIRM LLC 6557 West End Blvd. New Orleans, LA 70124 Tel: (504) 267-0777 Fax: (504) 513-3084 Email: Charles@StieglerLawFirm.com - and - Justin Chopin, Esq. CHOPIN LAW FIRM LLC 650 Poydras St., Suite 1550 New Orleans, LA 70130 Tel: (504) 323-5755 Fax: (504) 324-0640 Email: Justin@ChopinLawFirm.com KRIEGER BEARD: Perry Moves for Certification of Technicians Class ----------------------------------------------------------------- Morgan Perry, one of the Plaintiffs in the lawsuit captioned MORGAN PERRY, et al., for himself and all others similarly situated v. KRIEGER BEARD SERVICES LLC, et al., Case No. 3:17-cv- 00161-TMR (S.D. Ohio), asks the Court to conditionally certify the proposed FLSA class of: all current and former Technicians employed by Krieger Beard on, and after, May 8, 2014, who worked overtime hours but were not paid overtime wages during all or part of their employment and/or who were not paid minimum wage during all or part of their employment. Mr. Perry filed the action on behalf of himself and other similarly situated current and former employees pursuant to the Fair Labor Standards Act. He alleges that the Defendants failed to pay him and a class of similarly situated Technicians overtime wages and/or minimum wages for years. Instead, Krieger Beard paid him and the other Technicians strictly on a piece-rate amount, regardless of the hours they worked, falling below the minimum wage at times, he contends. Mr. Perry also asks the Court to require the Defendants to identify potential opt-in plaintiffs and to implement a procedure whereby Court-approved Notice of Plaintiff's FLSA claim can be promptly sent to all potential opt-in plaintiffs (and posted in workplaces). A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=qCDq5gSs The Plaintiff is represented by: Bradley L. Gibson, Esq. GIBSON LAW, LLC 9200 Montgomery, Road, Suite 11A Cincinnati, OH 45242 Telephone: (513) 834-8254 Facsimile: (513) 834-8253 E-mail: brad@gibsonemploymentlaw.com - and - Kenneth J. Ignozzi, Esq. Austin H. LiPuma, Esq. DYER, GAROFALO, MANN & SCHULTZ, LPA 131 N. Ludlow Street, Suite 1400 Dayton, OH 45402 Telephone: (937) 223-8888 Facsimile: (937) 824-8630 E-mail: kignozzi@dgmslaw.com alipuma@dgmslaw.com Defendant Krieger Beard Services, LLC, is represented by: Deborah S. Brenneman, Esq. THOMPSON HINE LLP 312 Walnut Street, 14th Floor Cincinnati, OH 45202 Telephone: (513) 352-6638 Facsimile: (513) 241-4771 E-mail: Debbie.Brenneman@ThompsonHine.com LA TOURAINE: Faces "Cosic" Suit Under FLSA, Ill. Wage Laws ---------------------------------------------------------- FATA COSIC, on behalf of herself and other Plaintiffs similarly situated, Plaintiff, v. LA TOURAINE L.L.C. d/b/a SOFITEL CHICAGO WATER TOWER, SOFITEL USA, LLC, ACCOR BUSINESS AND LEISURE MANAGEMENT LLC d/b/a ACCORHOTELS, Defendants, Case No. 1:17-cv- 04623 (N.D. Ill., June 20, 2017) was filed under the Fair Labor Standards Act, the Portal to Portal Act, and the Illinois Minimum Wage Law. The case alleges that Defendants have a common policy and practice regarding the payment of wages, the non-payment for overtime, and the computation of overtime for all of its employees. Defendants jointly provide hotel accommodations throughout the United States including the Sofitel Chicago Water Tower located at 20 E. Chestnut Street in Chicago, Illinois. Plaintiff performed work at the Sofitel as a housekeeper. [BN] The Plaintiff is represented by: Andrew Doyle, Esq. Marty Denis, Esq. Bethany Hilbert, Esq. BARLOW, KOBATA & DENIS LLP 525 West Monroe, Suite 2360 Chicago, IL 60661 Phone: (312) 648-5570 LOS ANGELES, CA: Munoz Appeals Ruling in "Smith" Suit to 9th Cir. ----------------------------------------------------------------- Plaintiffs-Intervenors April Munoz, Julia Flores, Cheryl Ayapana, D.M., A.F., M.H., and J.A., filed an appeal from a court ruling relating to the lawsuit titled Chanda Smith, et al. v. Los Angeles Unified School District, et al., Case No. 2:93-cv-07044-RSWL-GHK, in the U.S. District Court for the Central District of California, Los Angeles. The appellate case is captioned as Chanda Smith v. LAUSD, et al., Case No. 17-55880, in the United States Court of Appeals for the Ninth Circuit. As previously reported in the Class Action Reporter, the Chanda Smith plaintiffs sought a number of improvements in the provision of the Individuals with Disabilities Education Act, including the centralization and computerization of all students' records, the provision of regular training to administrators as to their legal and professional obligations to students with disabilities, the recruiting and hiring of more credentialed special education personnel, and the provision of a full continuum of special education and related services to students with disabilities at sites as close to the home of such students as possible. The briefing schedule in the Appellate Case is set as follows: -- Transcript must be ordered by July 17, 2017; -- Transcript is due on October 16, 2017; -- Appellants A.F., Cheryl Ayapana, D.M., Julia Flores, J.A., M.H. and April Munoz's opening brief is due on November 24, 2017; -- Appellees Los Angeles Unified School District and Roy Romer's answering brief is due on December 26, 2017; and -- Appellant's optional reply brief is due 21 days after service of the answering brief.[BN] Intervenors-Appellants APRIL MUNOZ, Guardian ad litem for D.M.; JULIA FLORES, Guardian ad litem for A.F.; CHERYL AYAPANA, Guardian ad Litem for J. A.; D.M., Guardian Ad Litem Pineda; A.F., Guardian Ad Litem Julia Flores; M.H., Guardian Ad Litem Juana Hernandez; and J.A., Guardian Ad Litem Cheryl Ayapana, are represented by: Seymour I. Amster, Esq. 18017 Chatsworth Street, Suite 337 Granada Hills, CA 91344 Telephone: (818) 375-4939 Facsimile: (818) 781-8180 E-mail: siaesq1@aol.com Defendants-Appellees LOS ANGELES UNIFIED SCHOOL DISTRICT, a California public entity, and ROY ROMER, in his official capacity as Superintendent of the LA Unified School District, are represented by: Maggy Athanasious, Esq. Barrett Green, Esq. Laila Tafreshi, Esq. LITTLER MENDELSON, P.C. 2049 Century Park East Los Angeles, CA 90067 Telephone: (310) 553-0308 Facsimile: (310) 775-4138 E-mail: mathanasious@littler.com bgreen@littler.com ltafreshi@littler.com MAXFREIGHT INT'L: "Gorrin" Suit Seeks Unpaid Overtime Pay --------------------------------------------------------- Juliesky Gorrin, Ramon Orfila and all others similarly situated, Plaintiffs, v. Maxfreight International Logistics of Florida, LLC, Defendant, Case No. 1:17-cv-22228 (S.D. Fla., June 14, 2017), seeks overtime compensation, liquidated damages, reasonable attorneys' fees and costs of suit and for all other appropriate relief including prejudgment interest under the Fair Labor Standards Act, and for retaliatory actions taken by Defendant as a direct result of Plaintiffs asserting their statutory rights. Defendant managed, owned and/or operated a logistics business in Miami-Dade County, Florida where Plaintiff worked as a warehouse staff. [BN] Plaintiffs are represented by: Jonathan S. Minick, Esq. JONATHAN S. MINICK, P.A. 1850 SW 8th Street, Suite 307 Miami, FL 33135 Phone: (786) 441-8909 Facsimile: (786) 523-0610 E-mail: jminick@jsmlawpa.com MEADOWBROOK INSURANCE: Wins Approval of Town & Country Suit Deal ---------------------------------------------------------------- The Hon. Peter G. Sheridan granted preliminary approval to the parties' settlement agreement and release in the lawsuit styled TOWN & COUNTRY JEWELERS, LLC, Individually, and on behalf of all others similarly situated v. MEADOWBROOK INSURANCE GROUP, INC. and JOHN DOES (1-10), Case No. 3:15-cv-02519-PGS-LHG (D.N.J.). The Court, pursuant to Rule 23 of the Federal Rules of Civil Procedure, conditionally certifies, for purposes of this Settlement only, this Class: All persons nationwide within the United States who are included in Meadowbrook's GoldMine customer relationship management database and received any advertisement on their telephone facsimile machines from Defendant or its agents or employees since April 8, 2011 through preliminary approval. The Court appoints: (i) the Plaintiff to act as class representative, (ii) Marcus & Zelman, LLC and Keogh Law, LTD as Class Counsel, and (iii) Kurtzman Carson Consultants as the Claims Administrator. The Court also sets these future events: -- July 31, 2017 -- Deadline for notice to be provided in accordance with the Agreement and this Order (Notice Deadline); -- August 31, 2017 -- Deadline for filing of Plaintiff's Motion for Attorneys' Fees and Costs and Service Awards; -- October 31, 2017 -- Deadline to file objections or submit requests for exclusion (Opt-Out and Objection Deadline); -- October 31, 2017 -- Deadline for Settlement Class Members to Submit a Claim Form (Claim Period); and -- November 22, 2017 -- Deadline for Parties to file the following: (1) List of persons, who made timely and proper requests final for exclusion (under seal); (2) Proof of Class Notice; and (3) Motion and memorandum in support of final approval, including responses to any objections; and -- December 6, 2017 -- Final Approval Hearing. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=FbG1bqn7 MONSANTO CO: Bruce Farms Sues Over Deceptive Trace Practices ------------------------------------------------------------ Bruce Farms Partnership, Ronnie Bruce, Karen Bruce, Caleb Bruce, Curtis Nash, Dena Nash, Curtis & Dena Nash JV, LA Farms, Incorporated, on behalf of themselves and all others similarly situated v. Monsanto Company, BASF SE, BASF Corporation and John Doe Companies A-Z, Defendants, Case No. 3:17-cv-00154 (E.D. Ark., June 14, 2017), seeks compensatory and punitive damages, costs, expert fees, disbursements and attorneys' fees incurred in prosecuting this action, disgorgement of profits, pre-judgment and post-judgment interest at the maximum rate and such other relief resulting from unjust enrichment, negligence, fraud, fraudulent concealment, breach of implied warranty of merchantability and for violation of the Arkansas Deceptive Trade Practices Act. The Monsanto Company developed and released genetically modified soybeans designed to combat problematic weeds that have become resistant to certain herbicides over time where its most popular herbicide are Roundup and Dicamba. Monsanto partnered with BASF, a German chemical company, a joint licensing agreement to accelerate the development of dicamba-based weed control products. Monsanto insists that dicamba-resistant seeds and the dicamba-based herbicides should be used in tandem. However, Monsanto sold the seeds before approval by the Environmental Protection Agency of its partner herbicide. The farmers can no longer use the old herbicide because of volatility issues. [BN] Plaintiff is represented by: Phillip Duncan, Esq. Richard Quintus, Esq. William Rob Pointer, Esq. Timothy P. Reed, Esq. J. Reid Byrd, Esq. DUNCAN FIRM, P.A. 900 S. Shackleford, Suite 725 Little Rock, AR 72211 Telephone: (501) 228-7600 Email: phillip@duncanfirm.com richard@duncanfirm.com rob@duncanfirm.com tim@duncanfirm.com - and - Paul Byrd, Esq. Joseph Gates, Esq. PAUL BYRD LAW FIRM, PLLC 415 N. McKinley St. Suite 210 Little Rock, AR 72205 Email: paul@paulbyrdlawfirm.com joseph@paulbyrdlawfirm.com - and - Mr. Jerry Kelly, Esq. KELLY LAW FIRM, P.A. P.O. Box 500 Lonoke, AR 72086 Email: jkelly@kellylawfirm.net NATIONAL RETAIL: Rainboth-Venditti Moves for Class Certification ---------------------------------------------------------------- Plaintiffs Michelle Rainboth-Venditti and Randi Dayberry submit their second motion for conditional class certification of class claims under Section 216(B) of the Fair Labor Standards Act in the lawsuit titled MICHELLE RAINBOTH-VENDITTI On behalf of herself and all others similarly situated v. NATIONAL RETAIL SOLUTIONS, INC., Case No. 6:16-cv-00137-MAD-ATB (N.D.N.Y.). The Plaintiffs also move for an order authorizing a notice to be mailed to all class members consisting of Merchandisers, and other persons with similar job titles, duties, and compensation structures, employed by National Retail Solutions within three years from the date of certification to the present, who were not paid all straight time and overtime compensation due and owing. The Plaintiffs also ask the Court to: -- require the Defendant to provide them a list containing necessary information of all members of the putative class; -- require the Defendant to post the Notice in conspicuous locations where it employs its Merchandisers, and others with similar job titles duties, and compensation structures; -- toll the statute of limitations from the date of the filing of Plaintiffs' Second Motion for Conditional Class Certification until the close of the opt-in period; -- designate Michelle Rainboth-Venditti and Randi Dayberry as class representatives; and -- approve the Plaintiffs' counsel to act as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=phFLbn1M The Plaintiffs are represented by: Matthew E. Osman, Esq. OSMAN & SMAY LLP 8500 W. 110th St., Suite 330 Overland Park, KS 66210 Telephone: (913) 667-9243 Facsimile: (866) 470-9243 E-mail: mosman@workerwagerights.com - and - Michael J. Redenburg, Esq. MICHAEL J. REDENBURG, ESQ. PC 32 Broadway, Suite 811 New York, NY 10004 Telephone: (212) 240-9465 Facsimile: (917) 591-1667 E-mail: mredenburg@mjrlaw-ny.com The Defendant is represented by: Cynthia Neidl, Esq. GREENBERG TRAURIG, LLP 54 State St., 6th Floor Albany, NY 12207 Telephone: (518) 689-1435 Facsimile: (518) 677-1828 E-mail: neidlc@gtlaw.com NAVY FEDERAL: Accused of Wrongful Conduct Over OOPFs ---------------------------------------------------- Jenna Lloyd and Jamie Plemons, on behalf of themselves and all others similarly situated v. Navy Federal Credit Union, Case No. 3:17-cv-01280-BAS-RBB (S.D. Cal., June 22, 2017), arises from the Defendant's unfair and unconscionable assessment and collection of "Optional Overdraft Protection Fees" ("OOPFs") on the Plaintiff's APPSN transactions. According to the complaint, the Plaintiffs sustained monetary damages as the result of being charged with OOPFs. Navy Federal Credit Union is a national bank with its headquarters and principal place of business located in Vienna, Virginia. [BN] The Plaintiff is represented by: Jeffrey Kaliel, Esq. TYCKO & ZAVAREEI LLP 1828 L Street, N.W., Suite 1000 Washington, DC 20036 Telephone: (202) 973-0900 Facsimile: (202) 973-0950 E-mail: jkaliel@tzlegal.com - and - Jeffrey M. Ostrow, Esq. KOPELOWITZ OSTROW P.A. 200 S.W. 1st Avenue, 12th Floor Fort Lauderdale, FL 33301 Telephone: (954) 525-4100 Facsimile: (954) 525-4300 E-mail: ostrow@kolawyers.com NEW YORK, USA: Turano Seeks Cert. of GuildNet Enrollees Class ------------------------------------------------------------- The Plaintiffs in the lawsuit titled MARIE TURANO, LEONARD TURANO and GEMMA SAMELE, individually and on behalf of all persons similarly situated v. HOWARD ZUCKER, as Commissioner of the New York State Department of Health, Case No. 2:17-cv-03397-ADS-AKT (E.D.N.Y.), ask the Court for an order certifying the case as a class action pursuant to Rules 23(a) and (b)(2) of the Federal Rules of Civil Procedure, on behalf of a class defined as: All individuals who reside in Suffolk, Westchester, or Nassau counties, and who were enrolled in GuildNet MLTCP as of March 1, 2017. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=mtMGmNyP The Plaintiffs are represented by: Beth Goldman, Esq. Jane Greengold Stevens, Esq. Elizabeth Jois, Esq. Ben Taylor, Esq. Stewart Dearing, Esq. NEW YORK LEGAL ASSISTANCE GROUP 7 Hanover Square, 18th Floor New York, NY 10004 Telephone: (212) 613-5000 Facsimile: (212) 750-0820 E-mail: bgoldman@nylag.org jstevens@nylag.org ejois@nylag.org btaylor@nylag.org sdearing@nylag.org NEXVET BIOPHARMA: Faces "Solak" Lawsuit Over Zoetis Merger ---------------------------------------------------------- JOHN SOLAK, on Behalf of Himself and All Others Similarly Situated, Plaintiff, vs. NEXVET BIOPHARMA PUBLIC LIMITED COMPANY, MARK HEFFERNAN, GEORGE GUNN, CHRISTOPHER BROWN, ASHRAF HANNA, CORMAC KILTY, JOSEPH MCCRACKEN, RAJIV PATEL, and JOHN PAYNE, Defendants, Case No. 5:17-cv-03530-EJD (N.D. Cal., June 19, 2017), alleges violation of the U.S. Securities and Exchange Act in connection with a proposed transaction, pursuant to which Nexvet will be acquired by Zoetis Inc., through its wholly-owned subsidiary Zoetis Belgium S.A. The Proposed Transaction is valued at approximately $85 million. According to the suit, Nexvet filed a Definitive Proxy Statement on Schedule 14A that omits and/or misrepresents material information concerning, among other things: (i) Nexvet's management's projections, utilized by the Company's financial advisor, Evercore Group L.L.C. in its financial analyses; (ii) the valuation analyses prepared by Evercore in connection with the rendering of its fairness opinion; (iii) material omissions concerning Evercore's potential conflicts of interest; and (iv) material information concerning the sale process leading up to the Proposed Transaction. The failure to adequately disclose such material information constitutes a violation of NEXVET BIOPHARMA PUBLIC LIMITED COMPANY is a clinical-stage biopharmaceutical company in the field of companion animal therapeutics.[BN] The Plaintiff is represented by: David E. Bower, Esq. MONTEVERDE & ASSOCIATES PC 600 Corporate Pointe, Suite 1170 Culver City, CA 90230 Phone: (213) 446-6652 Fax: (212) 601-2610 E-mail: dbower@monteverdelaw.com - and - Juan E. Monteverde, Esq. MONTEVERDE & ASSOCIATES PC The Empire State Building 350 Fifth Avenue, Suite 4405 New York, NY 10118 Phone: 212 971 1341 Fax: (212) 202-7880 E-mail: jmonteverde@monteverdelaw.com - and - Richard A. Maniskas, Esq. RM LAW, P.C. 1055 Westlakes Drive, Suite 3112 Berwyn, PA 19312 Phone: (484) 324-6800 Fax: (484) 631-1305 Email: rm@maniskas.com PATHEON NV: "Phillips" Suit Seek to Enjoin Thermo Fisher Merger --------------------------------------------------------------- IRWIN PHILLIPS, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. PATHEON N.V., PAUL S. LEVY, DANIEL AGROSKIN, HUGH WELSH, PHILIP EYKERMAN, GARY PISANO, PAMELA DALEY, JEFFREY P. MCMULLEN, WILLIAM B. HAYES, HANS PETER HASLER, CHARLES COGUT, and STEPHAN TANDA, Defendants, Case No. 1:17-cv- 04604 (S.D.N.Y., June 19, 2017), alleges violation of the U.S. Securities and Exchange Act in connection with the tender offer by Thermo Fisher (CN) Luxembourg S.a r.l. to purchase all of the issued and outstanding shares of Patheon common stock for $35.00 per share. According to the case, the Board authorized the filing of a materially incomplete and misleading Schedule 14D-9 Solicitation/Recommendation Statement that contains materially incomplete and misleading information concerning Patheon's financial projections and the valuation analyses performed by the Company's financial advisor, Morgan Stanley & Co. LLC. Plaintiff seeks to enjoin Defendants from closing the Tender Offer or taking any steps to consummate the proposed merger. The Company is a global provider of outsourced pharmaceutical development and manufacturing services.[BN] The Plaintiff is represented by: Nadeem Faruqi, Esq. James M. Wilson, Jr., Esq. FARUQI & FARUQI, LLP 685 Third Avenue, 26th Fl. New York, NY 10017 Phone: (212) 983-9330 Fax: (212) 983-9331 Email: nfaruqi@faruqilaw.com jwilson@faruqilaw.com - and - Juan E. Monteverde, Esq. MONTEVERDE & ASSOCIATES PC The Empire State Building 350 Fifth Avenue, Suite 4405 New York, NY 10118 Phone: 212 971 1341 Fax: (212) 202-7880 E-mail: jmonteverde@monteverdelaw.com PETCO ANIMAL: Faces "Lepine" Suit Over Failure to Pay Overtime -------------------------------------------------------------- Deborah Lepine, individually and on behalf of all others similarly situated v. PETCO Animal Supplies Stores, Inc., Case No. 3:17-cv- 05483-RBL (W.D. Wa., June 22, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. PETCO Animal Supplies Stores, Inc. is a specialty retailer of pet food, live animals, pet supplies and pet services, including grooming and dog training. [BN] The Plaintiff is represented by: Julian Hammond, Esq. HAMMONDLAW, P.C. 1829 Reisterstown Road, Suite 410 Baltimore, MD 21208 Telephone: (310) 601-6766 Facsimile: (310) 295-2385 PICK-YOUR-PART: "Barajas" Sues Over Missed Breaks, Unpaid OT Pay ---------------------------------------------------------------- Ruben Barajas, on behalf of all similarly situated employees Plaintiff, v. Pick-Your-Part Auto Wrecking, Defendant, Case No. BC664891, (Cal. Super., June 13, 2017), seeks unpaid wages and interest thereon for failure to pay for overtime 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, waiting time penalties in the form of continuation wages for failure to timely pay employees all wages due upon separation of employment, injunctive relief and other equitable relief, reasonable attorney's fees and costs and interest pursuant to the California labor Code, the Unfair Business Practices provision of the California Business and Professions Code and applicable Industrial Welfare Commission Wage Orders. Defendants employed Plaintiff Ruben Barajas from approximately August 2013 to June 2016 as a maintenance worker in their Wilmington, California shop. Plaintiff is represented by: Kane Moon, Esq. Justin F. Marquez, Esq. Allen Feghali, Esq. MOON & YANG, APC 3435 Wilshire Blvd., Suite 1820 Los Angeles, CA 90010 Telephone: (213) 232-3128 Facsimile: (213) 232-3125 E-mail: kane.moon@moonyanglaw.com justin.marquez@moonyanglaw.com allen.feghali@moonyanglaw.com PLASTIC EXPRESS: "Smith" Suit Seeks to Recover Unpaid OT Wages -------------------------------------------------------------- Kewayne Smith, individually and on behalf of all others similarly situated v. Plastic Express and Raymond J. Hufnagel, Case No. 4:17-cv-01905 (S.D. Tex., June 22, 2017), seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standards Act. The Defendants own and operate a packaging and warehousing company in Texas. [BN] The Plaintiff is represented by: Melissa Moore, Esq. Curt Hesse, Esq. Bridget Davidson, Esq. MOORE & ASSOCIATES Lyric Center 440 Louisiana Street, Suite 675 Houston, TX 77002 Telephone: (713) 222-6775 Facsimile: (713) 222-6739 REXALL SUNDOWN: Faces "Seegert" Suit Over "Osteo Bi-Flex" Adverts ----------------------------------------------------------------- SANDRA SEEGERT, individually and on behalf of all others similarly situated, Plaintiff, v. REXALL SUNDOWN, INC., Defendant, Case No. 3:17-cv-01243-JAH-JMA (S.D. Cal., June 19, 2017), is a consumer protection class action arising out of Defendant's false and misleading advertising of its glucosamine products. Defendant markets, sells and distributes a line of joint health dietary supplements under the "Osteo Bi-Flex" brand name, and Defendant represents that these products are beneficial to the joints of the consumers who use them. According to the suit, Defendant's Osteo Bi-Flex products, however, are incapable of supporting or benefiting the health of human joints because the main ingredients in each of Defendant's Osteo Bi-Flex products at issue, either alone or in combination with other ingredients, cannot support or benefit joint health.[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 Phone: (619) 756-6994 Fax: (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 Phone: (619) 338-1100 Fax: (619) 338-1101 E-mail: tblood@bholaw.com toreardon@bholaw.com ROBBINS BROS: Overtime, Reimbursements Claimed by "Benjamini" ------------------------------------------------------------- Amir Benjamini, individually and on behalf of all other persons similarly situated and the general public, Plaintiff, v. Robbins Bros. Jewelry, Inc. and Does 1 through 30, inclusive, Defendants, Case No. BC665164, (Cal. Super., June 14, 2017), seeks unpaid wages and interest thereon for failure to pay for overtime 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, waiting time penalties in the form of continuation wages for failure to timely pay employees all wages due upon separation of employment, reimbursement of business expenses, injunctive relief and other equitable relief, reasonable attorney's fees and costs and interest pursuant to the California labor Code, the Unfair Business Practices provision of the California Business and Professions Code and applicable Industrial Welfare Commission Wage Orders. Robbins Bros. is a jewelry store with multiple locations in Southern California owning and controlling retail stores in California where Benjamini worked as a store personnel. Plaintiff is represented by: Shadie L. Berenji, Esq. BERENJI LAW FIRM, APC 8383 Wilshire Blvd., Suite 708 Beverly Hills, CA 90211 Fax: (310) 855-3751 Phone: (310) 835-3270 Email: berenji@employeejustice.law RSI ENTERPRISES: Certification of Class Sought in "Machnik" Suit ---------------------------------------------------------------- Michael Machnik moves the Court to certify the class described in the complaint of the lawsuit titled MICHAEL MACHNIK, Individually and on Behalf of All Others Similarly Situated v. RSI ENTERPRISES, INC., Case No. 2:17-cv-00864-LA (E.D. Wisc.), and further asks that the Court both stay the motion for class certification and to grant the Plaintiff (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. Dicta in the Supreme Court's decision in Campbell-Ewald Co. v. Gomez, left open the possibility that a defendant facing a class action complaint could moot a class representative's case by depositing funds equal to or in excess of the maximum value of the plaintiff's individual claim with the court and having the court enter judgment in the plaintiff's favor prior to the filing of a class certification motion, the Plaintiff tells the Court, citing Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016). To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion. Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011), overruled on other grounds, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015) ("The pendency of that motion [for class certification] protects a putative class from attempts to buy off the named plaintiffs."). The Plaintiff is obligated to move for class certification to protect the interests of the putative class, the Plaintiff asserts. More than one defendant has already attempted the scheme contemplated in Campbell-Ewald. See Severns v. Eastern Account Systems of Connecticut, Inc., Case No. 15-cv-1168, 2016 U.S. Dist. LEXIS 23164 (E.D. Wis. Feb. 24, 2016). Judge Randa denied the defendant's request to deposit funds on grounds that a class certification motion was pending. As the Motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when short motion to certify and stay should suffice until an amended motion is filed, the Plaintiff contends. The Plaintiff also asks to be appointed as class representative, and for the appointment of Ademi & O'Reilly, LLP, as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=I21nk5U2 The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com SAGE PAYMENT: Sent Unsolicited Ad Messages, "Knapp" Suit Says ------------------------------------------------------------- Raymond Knapp, individually and on behalf of all others similarly situated v. Sage Payment Solutions, Inc. and Does 1 through 10, inclusive, Case No. 3:17-cv-03591 (N.D. Cal., June 22, 2017), is an action for damages and any other available legal or equitable remedies resulting from the illegal actions of Sage, in negligently, knowingly, and willfully contacting the Plaintiff via "telephone facsimile machine" in violation of the Telephone Consumer Protection Act, thereby causing Plaintiff and all others similarly situated to incur the costs of receiving unsolicited advertisement messages via "telephone facsimile machines" and invading their privacy. Sage Payment Solutions, Inc. is a marketer of medical products. [BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Meghan E. George, Esq. Adrian R. Bacon, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 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 SANTA MONICA, CA: Ninth Circuit Appeal Filed in "Rosenblatt" Suit ----------------------------------------------------------------- Plaintiff Arlene Rosenblatt filed an appeal from a court ruling in the lawsuit styled Arlene Rosenblatt v. City of Santa Monica, et al., Case No. 2:16-cv-04481-ODW-AGR, in the U.S. District Court for the Central District of California, Los Angeles. As previously reported in the Class Action Reporter on June 12, 2017, a Federal District Court judge dismissed an elderly woman's lawsuit against Santa Monica's restrictive AirBnb ordinance on May 24, further delaying the case that objects to the law under the California Coastal Act. Santa Monica's ordinance prohibits listing a home as a vacation rental unless the homeowner is present during the guests' stay. Arlene Rosenblatt and her husband contend they should be able to list their home on a Web site like Airbnb while they are traveling out of town to supplement their social security checks. The appellate case is captioned as Arlene Rosenblatt v. City of Santa Monica, et al., Case No. 17-55879, in the United States Court of Appeals for the Ninth Circuit. The briefing schedule in the Appellate Case is set as follows: -- Appellant Arlene Rosenblatt's opening brief is due on November 28, 2017; -- Appellees City of Santa Monica and The City Council of the City of Santa Monica's answering brief is due on December 28, 2017; and -- Appellant's optional reply brief is due 21 days after service of the answering brief.[BN] Plaintiff-Appellant ARLENE ROSENBLATT, an individual, on behalf of herself and all others similarly situated, is represented by: Robert Lawrence Esensten, Esq. WASSERMAN, COMDEN, CASSELMAN & ESENSTEN, LLP 5567 Reseda Boulevard Tarzana, CA 91357-7033 Telephone: (818) 609-2384 Facsimile: (818) 996-8266 E-mail: resensten@wccelaw.com Defendants-Appellees CITY OF SANTA MONICA, a municipal corporation, and THE CITY COUNCIL OF THE CITY OF SANTA MONICA, a governing body, are represented by: Joseph Lawrence, Esq. SANTA MONICA CITY ATTORNEY'S OFFICE 1685 Main Street Santa Monica, CA 90401 Telephone: (310) 458-8336 Facsimile: (310) 395-6727 E-mail: joseph.lawrence@smgov.net SCHLUMBERGER LTD: Class of Reamer Hands Certified in Venable Suit ----------------------------------------------------------------- The Hon. Dee D. Drell granted in part and denied in part the Defendant's motion for conditional certification of a plaintiff class in the lawsuit styled JACK VENTON VENABLE, JR. and WILLIAM AGUIRRE, individually and on behalf of all others similarly situated v. SCHLUMBERGER LIMITED (SCHLUMBERGER N.V.) f/k/a SMITH INTERNATIONAL, INC., Case No. 6:16-cv-00241-DDD-PJH (W.D. La.). The Motion is granted to the extent that the action is conditionally certified as a collective action pursuant to 29 U.S.C. Section 216(b) with the plaintiff class defined as "Reamer Hands working for Smith International Inc. in Louisiana, Texas, or the Gulf of Mexico over the past three years who were paid a salary and job bonus," and denied in all other respects, according to the Judgment. The matter was referred to United States Magistrate Judge Patrick J. Hanna for report and recommendation. After an independent review of the record, and noting the absence of any objections, the Court concludes that the Magistrate Judge's report and recommendation is correct and adopts the findings and conclusions therein as its own. The Defendant has 14 days from the date of the order to provide the Plaintiffs with the names of all potential members of the class in an acceptable electronic format, along with their current or last known mailing addresses, e-mail addresses, telephone numbers, and dates of employment. The parties will meet, confer, and thereafter submit to the Court a joint proposed notice and consent form no later than 21 days after the date of the order. If the parties are unable to agree on the content of the proposed notice and consent forms, the parties shall contact Magistrate Judge Hanna for the purpose of setting up a telephone status conference. Judge Drell also ordered that potential class members will be permitted to opt in to this collective action if: (1) they have mailed, faxed, or e-mailed their consent form to counsel for the class within sixty days after the notice and consent forms are mailed or e-mailed; or (2) they show good cause for any delay. A copy of the Judgment is available at no charge at http://d.classactionreporternewsletter.com/u?f=CVnuVCTj SERVICES SUPPORTS: "Fox" Lawsuit Alleges Misclassification ---------------------------------------------------------- Charles M. Fox, on behalf of himself and others similarly situated, Plaintiff, v. SERVICES SUPPORTS AND SOLUTIONS, INC., a Florida Profit Corporation, and Richard P. Stier, individually, Defendants, Case No. 6:17-cv-01130-RBD-KRS (M.D. Fla., June 20, 2017), alleges that Plaintiff was an hourly paid employee, however, in an effort to avoid the payment of overtime to Plaintiff, as well as to avoid compliance with various tax and other employment laws, Defendant purposely misclassified Plaintiff as independent contractor. Plaintiff was employed as caretaker. [BN] The Plaintiff is represented by: Richard Cellar, Esq. Noah E. Storch, Esq. RICHARD CELLER LEGAL, P.A. 7450 Griffin Road, Suite 230 Davie, FL 33314 Phone: 866 344 9243 Fax: 954 337 2771 E-mail: richard@floridaovertimelawyer.com noah@floridaovertimelawyer.com SIGNATURE HEALTHCARE: Fails to Pay Workers OT, "Russo" Suit Says ---------------------------------------------------------------- Patricia J. Russo, on behalf of herself and others v. Signature Healthcare, LLC, d/b/a Heritage Park Care and Rehabilitation Center and Joe Steier, Case No. 8:17-cv-01502-JSM-TGW (M.D. Fla., June 22, 2017), is brought against the Defendants for failure to pay overtime wages for work in excess of 40 hours a workweek. The Defendants own and operate a nursing home located at 2302 59th St W. Bradenton, FL 34209. [BN] The Plaintiff is represented by: Jay P. Lechner, Esq. Jason M. Melton, Esq. WHITTEL & MELTON, LLC One Progress Plaza 200 Central Avenue, #400 St. Petersburg, FL 33701 Telephone: (727) 822-1111 Facsimile: (727) 898-2001 E-mail: Pleadings@theFLlawfirm.com lechnerj@theFLlawfirm.com kmoran@theFLlawfirm.com SOURCE RECEIVABLES: Certification of Class Sought in "Al" Suit -------------------------------------------------------------- Adel Al moves the Court to certify the class described in the complaint of the lawsuit titled ADEL AL, Individually and on Behalf of All Others Similarly Situated v. SOURCE RECEIVABLES MANAGEMENT, LLC, Case No. 2:17-cv-00863-DEJ (E.D. Wisc.), and further asks that the Court both stay the motion for class certification and to grant the Plaintiff (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. Dicta in the Supreme Court's decision in Campbell-Ewald Co. v. Gomez, left open the possibility that a defendant facing a class action complaint could moot a class representative's case by depositing funds equal to or in excess of the maximum value of the plaintiff's individual claim with the court and having the court enter judgment in the plaintiff's favor prior to the filing of a class certification motion, the Plaintiff asserts, citing Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016). To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion. Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011), overruled on other grounds, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015) ("The pendency of that motion [for class certification] protects a putative class from attempts to buy off the named plaintiffs."). The Plaintiff is obligated to move for class certification to protect the interests of the putative class, the Plaintiff contends. More than one defendant has already attempted the scheme contemplated in Campbell-Ewald. See Severns v. Eastern Account Systems of Connecticut, Inc., Case No. 15-cv-1168, 2016 U.S. Dist. LEXIS 23164 (E.D. Wis. Feb. 24, 2016). Judge Randa denied the defendant's request to deposit funds on grounds that a class certification motion was pending. As the Motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when short motion to certify and stay should suffice until an amended motion is filed, the Plaintiff contends. The Plaintiff also asks to be appointed as class representative, and for the appointment of Ademi & O'Reilly, LLP, as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=5y6GIRqA The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com SPECIAL COUNSEL: "McNair" Suit Seeks to Recover Unpaid Wages ------------------------------------------------------------ Saundra McNair, Jo Miller, and Dawn Veltman, individually and on behalf of all similarly situated employees v. Special Counsel, Inc., Case No. 1:17-cv-01708-RDB (D. Md., June 22, 2017), seeks to recover unpaid wages, liquidated damages, interest, reasonable attorneys' fees and costs under Fair Labor Standards Act. Special Counsel, Inc. is in the business of recruiting and staffing temporary employees. [BN] The Plaintiff is represented by: Robert J. Leonard, Esq. Benjamin L. Davis III, Esq. THE LAW OFFICES OF PETER T. NICHOLL 36 South Charles Street, Suite 1700 Baltimore, MD 21201 Telephone: (410) 244-7005 Facsimile: (410) 244-8454 E-mail: rleonard@nicholllaw.com bdavis@nicholllaw.com SPRINT NEXTEL: Seeks 10th Cir. Review of Ruling in "Sibley" Suit ---------------------------------------------------------------- Defendants Sprint Nextel Corporation and Sprint/United Management Company filed an appeal from a court ruling in the lawsuit styled Sibley, et al. v. Sprint Nextel Corporation, et al., Case No. 2:08-CV-02063-KHV-JPO, in the U.S. District Court for the District of Kansas - Kansas City. As previously reported in the Class Action Reporter, the lawsuit was filed on February 7, 2008, by several retail store workers, who say they were shorted "hundreds to thousands of dollars" in commissions. Roxie Sibley, Jeanne Noel, Ernesto Bennett and Jamie Williams are among former and current Sprint workers who say problems with a company computer system failed to recognize all of the commissions earned on sales of phones, accessories and calling plans. In all, according to estimates by lawyers representing the workers, several thousand salesclerks lost commissions topping $5 million. The appellate case is captioned as Sprint Nextel, et al. v. Sibley, et al., Case No. 17-602, in the United States Court of Appeals for the Tenth Circuit. The briefing schedule in the Appellate Case stated that Response was due July 6, 2017, for Roxie Sibley, Jeanne Noel, Ernesto Bennett, Jamie Williams, Greg St. Julien, Tracie Hernandez, John Jasinski, Jay Richie and Teisha King.[BN] Defendants-Petitioners SPRINT/UNITED MANAGEMENT COMPANY, a Kansas corporation, and SPRINT NEXTEL CORPORATION, a Kansas corporation, are represented by: Noa Michelle Baddish, Esq. Elise M. Bloom, Esq. Mark D. Harris, Esq. Steven David Hurd, Esq. PROSKAUER ROSE LLP 11 Times Square New York, NY 10036-8299 Telephone: (212) 969-3000 Facsimile: (212) 969-2900 E-mail: nbaddish@proskauer.com ebloom@proskauer.com mharris@proskauer.com shurd@proskauer.com Defendant-Petitioner SPRINT NEXTEL CORPORATION, a Kansas corporation, is represented by: Brian P. Baggott, Esq. Wade P. K. Carr, Esq. Gregory Thomas Wolf, Esq. DENTONS 4520 Main Street, Suite 1100 Kansas City, MO 64111 Telephone: (816) 460-2400 E-mail: brian.baggott@dentons.com wade.carr@dentons.com gregory.wolf@dentons.com - and - Mark W. Batten, Esq. PROSKAUER ROSE LLP One International Place Boston, MA 02110 Telephone: (617) 526-9850 Facsimile: (617) 526-9899 E-mail: mbatten@proskauer.com - and - Jacqueline M. Dorn, Esq. Gregory I. Rasin, Esq. PROSKAUER ROSE LLP 11 Times Square New York, NY 10036-8299 Telephone: (212) 969-3000 Facsimile: (212) 969-2900 E-mail: jdorn@proskauer.com grasin@proskauer.com - and - Nicole A. Eichberger, Esq. PROSKAUER ROSE LLP 650 Poydras Street, Suite 1800 New Orleans, LA 70130 Telephone: (504) 310-2024 Facsimile: (504) 310-2022 E-mail: neichberger@proskauer.com - and - Heather R. Hamilton, Esq. SPRINT CORPORATION 6450 Sprint Parkway Overland Park, KS 66251-0000 Telephone: (913) 315-9786 Plaintiffs-Respondents ROXIE SIBLEY, JEANNE NOEL, ERNESTO BENNETT, JAMIE WILLIAMS, GREG ST. JULIEN, TRACIE HERNANDEZ, JOHN JASINSKI, JAY RICHIE, and TEISHA KING, individually and on behalf of a class of others similarly situated, are represented by: Lee Richard Anderson, Esq. George Allan Hanson, Esq. Ashlea G. Schwarz, Esq. STUEVE SIEGEL HANSON 460 Nichols Road, Suite 200 Kansas City, MO 64112 Telephone: (816) 714-7100 E-mail: anderson@stuevesiegel.com hanson@stuevesiegel.com ashlea@stuevesiegel.com Plaintiffs-Respondents ROXIE SIBLEY, GREG ST. JULIEN, TRACIE HERNANDEZ, JOHN JASINSKI, JAY RICHIE, and TEISHA KING, individually and on behalf of a class of others similarly situated, are represented by: Michelle Renee Fisher, Esq. Paul J. Lukas, Esq. NICHOLS KASTER PLLP 4600 IDS Center 80 South 8th Street Minneapolis, MN 55402 Telephone: (612) 256-3200 Facsimile: (612) 338-4878 E-mail: fisher@nka.com lukas@nka.com Plaintiff-Respondent ROXIE SIBLEY, individually and on behalf of a class of others similarly situated, is represented by: Alexander M. Baggio, Esq. Rebekah L. Bailey, Esq. Jonathan Moler, Esq. NICHOLS KASTER PLLP 4600 IDS Center 80 South 8th Street Minneapolis, MN 55402 Telephone: (612) 256-3200 Facsimile: (612) 338-4878 E-mail: abaggio@nka.com bailey@nka.com jmoler@nka.com SUNDANCE INC: Court Certifies Class of Workers in "Flanagan" Suit ----------------------------------------------------------------- The Hon. George Caram Steeh entered a stipulated order regarding conditional certification and judicial notice and denying the Plaintiffs' motion for conditional class certification as moot in the lawsuit entitled JOLENE FLANAGAN, TRAVIS PIETRYKOWSKI, MICHELLE WILKINS, and DENISE WOOD v. SUNDANCE, INC., Case No. 2:16-cv-13598-GCS-RSW (E.D. Mich.). Judge Steeh granted in part Conditional Certification and Judicial Notice pursuant to the Parties' agreement and limited to the Defendant's hourly employees that were employed at any of Defendant's Taco Bell locations within the State of Michigan. The putative class is defined as: All Team Members, Shift Leads or other hourly employees that were employed with Defendant as an hourly employee at any of its Taco Bell locations within the State of Michigan at any time in the past three years from the date of this Order. Within 30 days of the date of this Order, the Court directs the Defendant to provide the Plaintiffs a list and information of all putative class members. The Plaintiffs may thereafter send a Notice of Pendency of FLSA Lawsuit and Consent to Join to all persons identified by the Defendant within 10 days. The parties also agree that the Plaintiffs are not to seek class certification regarding the Defendant's employees that held salaried positions with the Defendant and the Plaintiffs withdraw any class wide claims as to the Defendant's salaried employees. A copy of the Stipulated Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=EEE8qqkU The Plaintiffs are represented by: Jennifer Lossia McManus, Esq. FAGAN MCMANUS, P.C. 25892 Woodward Ave. Royal Oak, MI 48067 Telephone: (248) 542-6300 Facsimile: (248)542-6301 E-mail: jmcmanus@faganlawpc.com - and - Megan A. Bonanni, Esq. PITT MCGEHEE PALMER & RIVERS, P.C. 117 W. Fourth Street, Suite 200 Royal Oak, MI 48067 Telephone: (248) 398-9800 E-mail: mbonanni@pittlawpc.com The Defendant is represented by: Scott C. Fanning, Esq. Joel W. Rice, Esq. FISHER & PHILLIPS LLP 10 S. Wacker Dr., Suite 3450 Chicago, IL 60606 Telephone: (312) 346-8061 E-mail: sfanning@fisherphillips.com jrice@fisherphillips.com SYNCHRONOSS TECH: Firemen's Pension Fund Alleges Securities Fraud ----------------------------------------------------------------- City of Atlanta Firefighters' Pension Fund, individually and on behalf of all others similarly situated, Plaintiff, v. Synchronoss Technologies, Inc., Stephen G. Waldis, Ronald W. Hovsepian, Karen L. Rosenberger and John Frederick, Defendants, Case No. 3:17-cv- 04326, (D. N.J., June 14, 2017), seeks interest, prejudgment and post-judgment interest, reasonable attorneys' and experts' as well as witness fees and other costs and such other relief under the Securities and Exchange Act. Plaintiff, an investor in Synchronoss stocks, claims that Defendants, senior executives of Synchronoss, artificially inflated Synchronoss stock prices by divesting a substantial component of its business to an undisclosed related party owned and managed by friends and family of the Company's Executive Chairman and Chief Executive Officer, Defendant Stephen G. Waldis and consistently misrepresented the financial strength of its cloud computing segment, an issue that led the Company to acquire an industry peer with lagging financials in an attempt to bolster revenue growth. Synchronoss provides cloud solutions and software-based activation for mobile carriers, enterprises, retailers, and original equipment manufacturers worldwide. Its solutions include activation and provisioning software for devices and services, cloud-based sync, backup, storage and content engagement capabilities, broadband connectivity solutions, analytics, identity/access management and secure mobility management. [BN] Plaintiff is represented by: James E. Cecchi, Esq. CARELLA, BRYNE, CECCHI, OLSTEIN, BRODY & ANGELLO, P.C. 5 Becker Farm Road Roseland, NJ 07068 Telephone: (973) 994-1700 Fax: (973) 994-1744 - and - Maya Saxena, Esq. Jonathan E. White, Esq. Lester R. Hooker, Esq. SAXENA WHITE, P.A. 5200 Town Center Circle, Suite 601 Boca Raton, FL 33486 Telephone: (561) 394-3399 Facsimile: (888) 458-9055 Email: msaxena@saxenawhite.com jwhite@saxenawhite.com lhooker@saxenawhite.com THERAPY ZONE: Faces "Bingaman" Suit Under FLSA, Ark. Labor Law -------------------------------------------------------------- DANNY BINGAMAN, Individually and on Behalf of all Others Similarly Situated vs. THERAPY ZONE INCORPORATED, GEORGIA JOHNSTON and BILLY JOHNSTON, Case No. 4:17-cv-00402-BRW (E.D. Ark., June 20, 2017), was filed under the Fair Labor Standards Act, and the Arkansas Minimum Wage Act. The case arises out of Defendants' alleged failure to pay Plaintiff and other Physical and Occupational Therapy Assistants lawful overtime compensation for hours worked in excess of forty (40) hours per week. Plaintiff worked for Defendants as a Physical Therapy Assistant. Therapy Zone operates a therapy and wellness company that is known as Arkansas Physical Therapy & Wellness, which is headquartered at Little Rock, Arkansas.[BN] The Plaintiff is represented by: Daniel Ford, Esq. Josh Sanford, Esq. SANFORD LAW FIRM, PLLC One Financial Center 650 S. Shackleford Road, Suite 411 Little Rock, AK 72211 Phone: (501) 221-0088 Fax: (888) 787-2040 TOM'S MARINE: "Mairena-Rivera" Suit Seeks Unpaid OT Wages --------------------------------------------------------- Bismark Mairena-Rivera, on behalf of himself and other persons similarly situated, Plaintiff, v. Tom's Marine & Salvage, LLC, Defendant, Case No. 2:17-cv-05823, (E.D. La., June 14, 2017), seeks to recover from Defendant unpaid wages, interest, liquidated damages, and attorneys' fees and costs for violation of the Fair Labor Standards Act. Tom's is in the business of building and repairing ships in Louisiana where Plaintiff was employed as a painter and sand blaster. Rivera normally worked more than forty hours a week for the Defendant. Defendant often required Plaintiff to work seven days per week but was never paid Plaintiff one-and-half times his hourly rate for all hours worked in excess of forty in a workweek. Plaintiff is represented by: Roberto Luis Costales, Esq. William H. Beaumont, Esq. Emily A. Westermeier, Esq. BEAUMONT COSTALES LLC 3801 Canal Street, Suite 207 New Orleans, LA 70119 Telephone: (504) 534-5005 Facsimile: (504) 272-2956 Email: rlc@beaumontcostales.com UNITED CEREBRAL: Doesn't Properly Pay Workers, "Ponce" Suit Says ---------------------------------------------------------------- Angelina Ponce, individually and on behalf of all others similarly situated v. United Cerebral Palsy/Spastic Children's Foundation of Los Angeles and Ventura Counties and Does 1-50, inclusive, Case No. CAC-D-308-JONES (Cal. Super. Ct., June 22, 2017), is brought against the Defendants for failure to pay overtime wages, failure to provide meal periods, failure to authorize and permit paid rest periods, and failure to pay wages from separation from employment. United Cerebral Palsy/Spastic Children's Foundation of Los Angeles and Ventura Counties own and operate a nursing facility in California. [BN] The Plaintiff is represented by: James R. Hawkins, Esq. Gregory Mauro, Esq. JAMES HAWKINS APLC 9880 Research Drive, Suite 800 Irvine, CA 92618 Telephone: (949) 387-7200 Facsimile: (949) 387-6676 E-mail: James@jameshawkinsaplc.com greg@jameshawkinsaplc.com UNITED INSURANCE: Sued in Illinois Over Life-Insurance Policies --------------------------------------------------------------- Sarah Armstrong, for herself and all others similarly situated v. United Insurance Company of America and Kemper Corporation, Case No. 2017-CH-08670 (Ill. Cir. Ct., June 22, 2017), is brought on behalf of all Illinois residents who are beneficiaries of life- insurance policies that are insured by United Insurance; whose policies were in force on the date, as identified in the Death Master File, when the policyholders died; and who have not received the benefits owed under the policies. The Defendants operate an insurance company headquartered in Chicago, Illinois. [BN] The Plaintiff is represented by: Harvey J. Barnett, Esq. Eamon P. Kelly, Esq. Nathan A. Shev, Esq. SPERLING & SLATER, P.C. 55 W. Monroe Street, Suite 3200 Chicago, IL 60603 Telephone: (312) 641-3200 E-mail: hbarnett@sperling-law.com ekelly@sperling-law.com nshev@sperling-law.com VWR CORP: Shortchanged on Merger Deal, "Berg" Suit Says ------------------------------------------------------- Robert Berg, individually and on behalf of all others similarly situated, Plaintiff, v. VWR Corporation, Harry M. Jansen Kraemer, Jr., Nicolas W. Alexos, Robert L. Barchi, Edward A. Blechschmidt, Manuel A.H. Brocke-Benz, Robert P. Qecresce, Pamela Forbes- Lieberman, Timothy P. Sullivan, Robert J. Zollars, Avantor, Inc., Vail Acquisition Corp. and New Mountain Capital L.L.C., Defendants, Case No. 17-2676 (E.D. Pa., June 13, 2017), seeks to preliminarily and permanently enjoin defendants from proceeding with, consummating or closing the planned acquisition of all of the outstanding shares of VWR common stock by Avantor. The suit also seeks rescissory damages in the event Defendants consummate the merger, costs of this action, including reasonable allowance for Plaintiff's attorneys' and experts' fees and such other and further relief under the Securities Exchange Act of 1934. VWR is a global independent provider of product and service solutions to laboratory and production customers in the pharmaceutical, biotechnology, industrial, education, government, and healthcare industries. Its differentiated services provide innovative, flexible and customized solutions from scientific research services to custom-manufactured chemical blends. Plaintiffs claim that the merger agreement provides for a "termination fee" of up to $170 million, payable by the Company to Avantor if the individual Defendants cause the Company to terminate the deal. This prevents other bidders from making successful competing offers. To add, the consideration of $33.25 per share in cash is inadequate considering VWR's financial performance as of 3rd quarter 2017, says the complaint. [BN] Plaintiff is represented by: Brian D. Long, Esq. Gina M. Serra, Esq Jeremy J. Riley, Esq. RIGRODSKY & LONG, P.A. 2 Righter Parkway, Suite 120 Wilmington, DE 19803 Tel: (302) 295-531 - and - Richard A. Maniskas, Esq. RM LAW, P.C. 1055 Westlakes Dr., Ste. 3112 Berwyn, PA 19312 Tel: (484) 324-6800 WTR ENTERPRISES: "Mims" Suit Alleges Non-payment of OT Wages ------------------------------------------------------------JERONE MIMS, on behalf of himself and all others similarly situated, Plaintiff, against WTR ENTERPRISES, INC., Defendant, Case No. 3:17-cv-00084-TCB (N.D. Ga., June 19, 2017), alleges that consistent with the Defendant's policy, pattern and/or practice, Plaintiff and Assistant Manager or Assistant Store Manager (ASMs) worked over 40 hours in one or more workweeks, but ASMs did not receive overtime premiums on one or more regularly scheduled pay dates for hours worked as Assistant Manager or Assistant Store Manager in excess of 40 in those workweeks. Defendant owns and operates Jimmy John's franchised locations under one or more franchise agreements with Jimmy John's Franchise, LLC. Plaintiff works as Assistant Manager or Assistant Store Manager.[BN] The Plaintiff is represented by: C. Andrew Head, Esq. Donna L. Johnson, Esq. HEAD LAW FIRM, LLC White Provision, Suite 305 1170 Howell Mill Road NW Atlanta, GA 30318 Phone: (404) 924-4151 Fax: (404) 796-7338 E-mail: ahead@headlawfirm.com djohnson@headlawfirm.com - and - Gregg I. Shavitz, Esq. Alan L. Quiles, Esq. SHAVITZ LAW GROUP P.A. 1515 S. Federal Hwy, Suite 404 Boca Raton, FL 33432 Tel: (561) 447-8888 Fax: (561) 447-8831 Email: gshavitz@shavitzlaw.com - and - Justin M. Swartz, Esq. Michael N. Litrownik, Esq. OUTTEN & GOLDEN LLP 3 Park Avenue, 29th Floor New York, NY 10016 Phone: (212) 245-1000 Fax: (212) 977-4005 - and - Douglas M. Werman, Esq. Sarah Arendt, Esq. WERMAN SALAS P.C. 77 West Washington Street, Suite 1402 Chicago, IL 60602 Phone: (312) 419-1008 Fax: (312) 419-1025 - and - Drew Legando, Esq. Jack Landskroner, Esq. LANDSKRONER GRIECO MERRIMAN LLC 1360 West 9th Street, Suite 200 Cleveland, OH 44113 Phone: (216) 522-9000 Fax: (216) 522-9007 E-mail: drew@lgmlegal.com - and - Kathleen Currie Chavez, Esq. FOOTE, MIELKE, CHAVEZ & O'NEIL, LLC 10 West State St., Suite #200 Geneva, IL 60134 Phone: (630) 232-7450 - and - Myron M. Cherry, Esq. MYRON M. CHERRY & ASSOCIATES, LLC 30 North LaSalle Street, Suite 2300 Chicago, IL 60602 Phone: (312) 372-2100 Fax: (312) 853-0279 - and - Seth R. Lesser, Esq. Fran L. Rudich, Esq. Jason Conway, Esq. Christopher M. Timmel, Esq. KLAFTER OLSEN & LESSER LLP Two International Drive, Suite 350 Rye Brook, NY 10580 Phone: 914.934.9200 Fax: 914.934.9220 ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala, Joy A. Agravantefor, Valerie Udtuhan, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2017. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. 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