/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/170803.mbx C L A S S A C T I O N R E P O R T E R Thursday, August 3, 2017, Vol. 19, No. 152 Headlines ACE HARDWARE: "Arias" Sues Over Missed Breaks, Overtime ADDISON HEALTH: Physicians Healthsource Files Suit Under TCPA ADDUS HEALTHCARE: "Moore" Hits Missed Breaks, Seeks OT Pay ADRIANE STARE: Anderson Sues Over Blind Inaccessible Website ALLIANCE ONE: Wins Final Approval of "Chung" Class Settlement ARRIAGA ASSOCIATES: "Giron" Suit Seeks to Recover Min., OT Wages ARS NATIONAL: "Thomas" Suit Deal Okayed; Final Hearing on Oct. 25 ASSET RECOVERY: "Zuniga" Disputes Vague Collection Letter ATHENA BY THE SEA: Fails to Pay Proper OT, "Indzhov" Suit Claims AUTO REFLECTIONS: Sued by Fears Over Nonpayment of Travel Time AUTUMNWOOD HOMES: Fails to Pay Employees OT, Action Claims BED BATH: Faces "Przytula" Suit for FLSA, Ill. Labor Law Breach BIG HEART: Van Mourik Sues Over Product Mislabeling BLACKFOOT CONSULTING: "Andrews" Suit Asserts ADA Breach BNP PARIBAS: Faces Alpari US Suit Over FX Transactions BOCCHI LABS: "Aviles" Sues Over Missed Breaks, Unpaid Overtime BON APPETIT: Sued Over Missed Breaks, Incorrect Paystubs BP PLC: Plaintiffs Appeal Ruling in North Sea Brent Crude Oil MDL BRISTOL-MYERS SQUIBB: Wins Bids to Dismiss Health One Class Suit BROOKDALE SENIOR: Facilities Don't Comply with ADA, Suit Says CAPITAL BANK: Shareholder Suit Seeks Release of Information CARE CAPITAL: Faces "Klein" Suit Over Merger w/ Sabra Health Care CENTRAL FUMIGATION: Accused by "Carbajal" Suit of Violating FLSA CENTURYLINK INC: "Romero" Sues Over Unjust Service Charges CF ENTERTAINMENT: Ninth Circuit Appeal Filed in "Pauley" Suit CLARINS USA: Faces Class Suit over Body Fit Cream CLUB CLIMAXXX: "Wallace" Sues Over Unpaid Wages COTY INC: "Franks" Suit Over Hair Dyeing Kit Sent to S.D. Ala. CREDIT CONTROL: Faces "Racic" Lawsuit Alleging FDCPA Violation CSL SERVICES: "Millard" Suit Alleges FLSA, NJ Wage Law Violations DAVE & BUSTER'S: Faces "Gomez" Suit in S.D. Fla. DAY ACCESSIBILITY: Faces "Pusey" Suit Under FLSA, NY Labor Law DELTA AIR: "Johnson" ERISA Lawsuit Transferred to N.D. Georgia DENSO CORPORATION: Sued in Mich. Over HID Ballast-Price Fixing DENTAL DESINGS: Sent Unsolicited Text Messages, Suit Claims DIGITALGLOBE INC: Faces "Machion" Suit Over Planned Sale to MDA EBAY INC: Zelig Sues Over Defective Car, Hits Vehicle Guarantee EI DU PONT: Faces "Dunne" Suit Over Failure to Pay Workers OT ELITE HOME: Able Home's Bid to Certify Denied; Hearing on Aug. 15 EQUIFAX INFORMATION: Faces "Peters" Suit in N.D. of Ala. EXCEEDING EXPECTATIONS: Sued Over Website Accessibility Barriers EXTREME SECURITY: "Ruiz" Sues Over Unpaid Overtime FAMMA GROUP: Rodriguez, et al. File Suit Over Compensation FELCOR LODGING: Sachs Investment Sues Over Sale to RLJ Lodging FIRST ACCEPTANCE: Twohill Seeks to Certify Insurance Agents Class FLORIDA, USA: Punty Seeks to Certify Class of Parents FORD MOTOR: Faces Class Suit over Defective Transit Vans GC SERVICES: "Frand" Consumer Lawsuit Alleges FDCPA Violation GC SERVICES: Faces "Aliev" Suit in E.D.N.Y. GOLDMAN SACHS: Sued by Alpari US Over FX Transactions HD SUPPLY: Retirement System Alleges Securities Act Violation HERALD SQUARE: Faces "Delfino" Suit Over Failure to Pay Overtime HYATT EQUITIES: Certification of Class Sought in "Guarisma" Suit IDT CORPORATION: Arbitrage Fund to Invalidate Company Sale INC RESEARCH: Faces "Fink" Suit Over Proposed Merger w/ inVentiv INCINIA CONTRACTING: Faces "Fernandez De Jesus" Suit in S.D.N.Y. INNATE INTELLIGENCE: Levine Hat Moves to Certify Class Under TCPA INVESTMENT COMMITTEE: "Xie" ERISA Suit Transferred to New Jersey INWELL INC: "Culley" Suit Alleges Misclassification of Operators JOHN CHRISTNER: Huddleston Challenges Drivers' Misclassification JOHN HEATH: Harasses Consumers Nationwide, "Elser" Suit Alleges KANSAS, USA: Court Tosses "Baker" Suit for Failure to State Claim KATE SPADE: Faces "Butler" Suit Over Sale to Coach Inc. KING PLASTIC: "Fusic" Suit Seeks to Recover Wages & OT Under FLSA KIRSCHENBAUM & PHILLIPS: Faces "Miller" Suit in E.D.N.Y. LAKE FORK RV: "Thigpen" Claims Misclassification, Seek OT Pay LG ELECTRONICS: Faces "Kao" Consumer Suit Over Refrigerator Model LOUIS VUITTON: "Navarrete" Sues Over Missed Breaks, Unpaid OT MACY'S CREDIT: Clark Moves to Certify TCPA Class and Subclass MEDICAL TRANSPORTATION: "Harris" Seeks Minimum, Overtime Wages MIDLAND CREDIT: "Amzallag" Consumer Suit Alleges FDCPA Violation MIRSAD LEKIC: "Grzybowski" Seeks Return of Withheld Tips MOBILE MARKETING: Tucker Sues Over Unpaid Overtime Wages NATIONAL ASSOCIATION: Faces "Picha" Suit Alleging TCPA Violation NATIONAL FOOTBALL: Court Tosses Cheerleaders' Class Action NATIONSTAR MORTGAGE: Court Refuses to Certify "Hoffman" Suit NAYNME INC: Website Inaccessible to the Blind, Kiler Claims NORTHERN TRUST: Ninth Circuit Appeal Filed in "Banks" Class Suit NORTHLAND GROUP: Class Certification Sought in "Martin" Suit NRC NATIONS: Faces "Mustafaev" Suit in E.D.N.Y. OC COMMUNICATIONS: Soto Moves to Certify Technicians, Send Notice OCULAR THERAPEUTIX: Violates Securities Laws, "Caraker" Suit Says ONE MEDICAL GROUP: Kiler Sues Over Blind Inaccessible Website PATRIOT DRILLING: "Serrette" Sues Under FLSA, Ohio, Pa. Wage Laws PINCHERS CRAB: "Andrews" Suit Alleges Illegal Tip Crediting POKEMON COMPANY: Property Owners Agree to Dismiss Nuisance Suit PINCHERS CRAB: "Andrews" Suit Alleges Illegal Tip Crediting PORTFOLIO RECOVERY: Faces "Mullins" Suit Over Collection Letter PROGRESSIVE DIRECT: Seventh Circuit Appeal Filed in "Lacy" Suit PUTNAM INVESTMENTS: Brotherston Appeals Ruling to First Circuit RAMELLI GROUP: Court Certifies Employees Class in "Escobar" Suit RELIABLE EXPRESS: "McMillan" Claims Misclassification of Couriers REVOLUTION DARTS: Faces "Riggle" Suit Alleging FLSA Violation RIVERSIDE, CA: Bids to Dismiss "Garcia" Suit & to Certify Denied ROYAL BANK OF SCOTLAND: Alpari Alleges Foreign Exchange Scam RTG FURNITURE: Hankinson Seeks Prelim. Okay of Class Settlement RUBY CORP: Nov. 20 Final Approval Hearing Set on Settlement SABRE CORP: Smith Files Suit Over Data Breach SANOFI SA: Bid to Certify Class in Taxotere(R) MDL Denied STATE FARM: "Porto" Roofing Scam Case Transferred to E.D. Ark. SWIFT PORK CO: Faces "Chavez" Labor Suit in Calif. TRIBUNE MEDIA: Faces "Berg" Suit Over Sinclair Broadcast Merger TRINITY COURIERS: Faces "Green" Suit Alleging FLSA Violation UBER TECH: Suit by St. Louis Drivers Dismissed VANCE & HUFFMAN: "Stetson" Lawsuit Alleges Violation of FDCPA VELOCITY INVESTMENTS: Pajarit Files Suit Over Collection Letter VITAL RECOVERY: Faces "Rashid" Suit in E.D.N.Y. VOLKSWAGEN GROUP: $125M Awarded to Lawyers in 3.0L Settlement WELLS FARGO: "O'Connor" Suit Hits Lack of Property Upkeep WOLF PETROLEUM: Workers Class Certification Sought in "Moss" Suit WYOMING: Prisons Face Class Suit over Sex Discrimination ********* ACE HARDWARE: "Arias" Sues Over Missed Breaks, Overtime ------------------------------------------------------- Rene Arias on behalf of herself and others similarly situated, Plaintiff, v. Ace Hardware Corporation, Ace Global Distribution and Does 1 to 100, inclusive, Defendants, Case No. BC667652 (Cal. Super., July 7, 2017), seeks compensation resulting from failure to accurately pay overtime wages and minimum wages, failure to provide meal periods and rest breaks, waiting time penalties in the form of continuation wages for failure to timely pay employees all wages due upon separation of employment, failure to provide accurate itemized wage statements under California Labor Code, Unfair Competition Law under the California Business and Professions Code and applicable Industrial Welfare Commission Wage Orders. Ace Hardware Corp. operates 4,700 hardware stores globally while Ace Global Distribution is its distribution partner. [BN] Plaintiff is represented by: Joseph Lavi, Esq. Andrea Rosenkranz, Esq. LAVI & EBRAHIMIAN, LLP. 8889 W. Olympic Blvd. Suite 200 Beverly Hills, CA 90211 Telephone: (310) 432-0000 Facsimile: (310) 432-0001 Email: jlavi@lelawifirm.com arosenkranz@lelawfirm.com ADDISON HEALTH: Physicians Healthsource Files Suit Under TCPA ------------------------------------------------------------- PHYSICIANS HEALTHSOURCE, INC., individually and as the representative of a class of similarly-situated persons, Plaintiff, v. ADDISON HEALTH SYSTEMS, INC., and JOHN DOES 1-5, Defendants, Case No. 1:17-cv-00466-TSB (S.D. Ohio., July 11, 2017), alleges that Defendant violated the Telephone Consumer Protection Act by sending an unsolicited advertisement to Plaintiff via facsimile. The 3/4 Fax Ad promotes the commercial availability and/or quality of Addison Health Systems' services. Addison Health Systems sells software designed to assist chiropractic offices with management of electronic health records, scheduling, and patient engagement.[BN] The Plaintiff is represented by: George D. Jonson, Esq. Matthew W. Stubbs, Esq. MONTGOMERY, RENNIE & JONSON 36 E. Seventh Street, Suite 2100 Cincinnati, OH 45202 Phone: 513-241-4722 Fax: 513-241-8775 Email: gjonson@mrjlaw.com Email: mstubbs@mrjlaw.com ADDUS HEALTHCARE: "Moore" Hits Missed Breaks, Seeks OT Pay ---------------------------------------------------------- Mary Moore, individually, and on behalf of other members of the general public similarly situated, Plaintiff, v. Addus Healthcare, Inc. and Does 1 through 100, inclusive, Case No. RG17867226 (Cal. Super., July 10, 2017), seeks unpaid wages and interest thereon for failure to pay for all hours worked and minimum wage rate, failure to authorize or permit required meal periods, failure to authorize or permit required rest periods, statutory penalties for failure to provide accurate wage statements, 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-related expenses, injunctive relief and other equitable relief, reasonable attorney's fees, costs and interest pursuant to California Labor Code. Addus is a provider of home-based healthcare in Northern California. [BN] Plaintiff is represented by: Edwin Aiwazian, Esq. LAWYERS FOR JUSTICE, PC 410 West Arden Avenue, Suite 203 Glendale, CA 91203 Tel: (818) 265-1020 Fax: (818) 265-1021 ADRIANE STARE: Anderson Sues Over Blind Inaccessible Website ------------------------------------------------------------ Derrick Anderson, on behalf of himself and all others similarly situated, Plaintiff, v. Adriane Stare, Defendant, Case No. 513315/2017 (N.Y. Sup., July 10, 2017), seeks compensatory damages including all applicable statutory damages and fines, for violations of New York State Human Rights Law and City Law, reasonable attorneys' fees, expenses and costs of suit, prejudgment and post-judgment interest and such other and further relief under the Americans with Disabilities Act. Adriane Stare operate two stores named "Wild Was Mama" located at 272 Driggs Avenue, Brooklyn, NY 11222 and 464 Bergen St., Brooklyn, NY 11217 selling baby clothes, shoes, diapers, nursing tools, toys and gifts. It also operates a website service known as Wildwasmama.com to complement their physical store. Plaintiff alleges that it is inaccessible to the blind such as himself. [BN] Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 30 East 39th Street, Second Floor New York, NY 10016 Tel: (212) 465-1188 Fax: (212) 465-1181 ALLIANCE ONE: Wins Final Approval of "Chung" Class Settlement ------------------------------------------------------------- The Hon. Madeline C. Arleo grants final approval of the class action settlement entered into by the parties of the lawsuit titled HYUN SOON CHUNG, on behalf of herself and those similarly situated v. ALLIANCE ONE RECEIVABLES MANAGEMENT, INC., Case No. 2:15-cv-02905-MCA-LDW (D.N.J.). On April 13, 2017, the Court preliminary approved the class settlement in the action where the Plaintiff has alleged violations of the Fair Debt Collection Practices Act. The Court certified a settlement class for settlement purposes; appointed a Settlement Administrator; approved Plaintiff as Settlement Class Representative; and appointed The Wolf Law Firm, LLC and the Kim Law Firm LLC as Settlement Class Counsel. The Settlement Class certified by the Court was defined as: All consumers residing in the State of New Jersey, to whom Defendant sent a collection letter in the same or similar form as Exhibit A to Plaintiff's Complaint; (a) which letter was dated within one year prior to April 23, 2015, (b) was not returned by the United States Postal Service as undeliverable, (c) was seeking to collect a consumer debt allegedly owed to TD Bank USA, N.A., and (d) was sent in a windowed envelope such that the financial account number associated with the debt was visible from outside the envelope. As set forth in the Settlement Agreement, the Defendant will fund the bank account to be established by the Settlement Administrator in the amount of $57,500 within seven days from the date this Order is entered. Within 21 days of the date of the Order, the Settlement Administrator shall mail each Settlement Class member their check according to the formula and process set forth in the Settlement Agreement. For efforts on behalf of the Class and to settle individual claims, the Defendant will pay $3,500 to Plaintiff Hyun Soon Chung. The Defendant will pay Class Counsel's fees and costs in the amount of $97,500, which payment includes costs, time already spent and time to be spent attending hearings, and the monitoring of the settlement. The Action is dismissed with prejudice, but the Court will retain exclusive and continuing jurisdiction over the action and all parties to interpret and enforce the terms, conditions and obligations of this Settlement Agreement. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=nQp2iXox ARRIAGA ASSOCIATES: "Giron" Suit Seeks to Recover Min., OT Wages ---------------------------------------------------------------- Eddie Giron Sr. and Jesus Alarcon, Plaintiffs, v. Louis Christopher Arriaga, Arriaga and Associates, Inc. and Does 1 through 25, Defendants, Case No. BC667718, (Cal. Super., July 7, 2017), is a class action on behalf of all persons who have been, or currently are, employed by Defendants as non-exempt employees, seeking compensation resulting from Defendants' failure to accurately pay overtime wages and minimum wages, failure to provide meal periods and rest breaks, all wages earned and owed upon separation from Defendant's employ, and failure to provide accurate itemized wage statements under California Labor Code, Unfair Competition Law under the California Business and Professions Code. Arriaga and Associates offers private security services, where Plaintiffs worked as security guards. [BN] Plaintiff is represented by: Young W. Ryu, Esq. Kelly Kim, Esq. LOYR, APC 9595 Wilshire Blvd. Suite 900 Beverly Hills, CA 90212 Telephone: (888) 365-8686 Facsimile: (800) 576-1170 Email: young.ryu@loywr.com kelly.kim@loywr.com - and - Rod Bidgoli, Esq. IRVINE LAW GROUP, LLP 1551 N. Tustin Avenue, Suite 740 Santa Ana, CA 92705 Telephone: (949) 229-1035 Facsimile: (949) 653-1277 ARS NATIONAL: "Thomas" Suit Deal Okayed; Final Hearing on Oct. 25 ----------------------------------------------------------------- The Hon. Joseph A. Dickson grants the Plaintiff's motion for preliminary approval of class settlement agreement in the lawsuit captioned ERICA K. THOMAS, on behalf of herself and those similarly situated v. ARS NATIONAL SERVICES, INC. and JOHN DOES 1 to 10, Case No. 2:15-cv-03635-JAD (D.N.J.). The Court finds that the parties' Agreement was the result of good-faith, arms-length negotiations between experienced counsel, according to the preliminary approval order. For purposes of settlement only, the Court preliminarily certifies the action as a class action. The "Settlement Class" is defined as: All Consumers residing in the State of New Jersey to whom ARS National Services, Inc. mailed a written communication in a windowed envelope between May 29, 2014, and May 29, 2015, to collect a debt on behalf of Comenity Capital Bank, where the bar code containing the file number associated with the consumer's debt was visible from the outside of the envelope, and/or which identified the creditor as "Bill Me Later." Judge Dickson appoints the Plaintiff as the Class Representative for the Settlement Class, the Plaintiff's counsel as Class Counsel for the Settlement Class, and First Class, Inc., as the Settlement Administrator to administer notice to each member of the Settlement Class and administer the Settlement. The Court also sets certain deadlines, including the mailing of Class Notice on or before August 9, 2017, and the Exclusion Notice by September 25, 2017. The Court will commence a hearing on October 25, 2017, at 10:00 a.m., to consider final approval of the parties' settlement. A copy of the Preliminary Approval Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=nfP8umA9 The Plaintiff is represented by: Philip D. Stern, Esq. Andrew T. Thomasson, Esq. STERN THOMASSON LLP 150 Morris Avenue, 2nd Floor Springfield, NJ 07081-1315 Telephone: (973) 665-2056 Facsimile: (973) 532-5868 E-mail: philip@sternthomasson.com andrew@sternthomasson.com - and - Yongmoon Kim, Esq. KIM LAW FIRM LLC 411 Hackensack Avenue, 2nd Floor Hackensack, NJ 07601 Telephone: (201) 273-7117 Facsimile: (201) 273-7117 E-mail: ykim@kimlf.com ASSET RECOVERY: "Zuniga" Disputes Vague Collection Letter --------------------------------------------------------- Asarael Zuniga, individually and on behalf of all others similarly situated, Plaintiff, v. Asset Recovery Solutions, LLC and Bureaus Investment Group Portfolio No. 15, LLC, Defendants, Case No. 1:17- cv-05119, (N.D. Ill., July 11, 2017), seeks actual and statutory damages, costs and reasonable attorneys' fees and such further relief under the Fair Debt Collection Practices Act. Defendants are debt collection agencies tasked to collect a debt from Zuniga. Plaintiff allegedly has a delinquent consumer debt from a credit card company. Defendants sent a letter that failed to explain why it contains two creditors, a "current" and "original," says the complaint. [BN] Plaintiff is represented by: David J. Philipps, Esq. Mary E. Philipps, Esq. Angie K. Robertson, Esq. PHILIPPS & PHILIPPS, LTD. 9760 S. Roberts Road, Suite One Palos Hills, IL 60465 Tel: (708) 974-2900 Fax: (708) 974-2907 Email: davephilipps@aol.com mephilipps@aol.com angiekrobertson@aol.com ATHENA BY THE SEA: Fails to Pay Proper OT, "Indzhov" Suit Claims ---------------------------------------------------------------- Stoyan Indzhov, on behalf of himself and similarly situated employees v. Athena by the Sea Corp.; Athena by the Sea Elias Business Trust, LLC; Spiro Marchelos; Martha K. Marchelos; and Elias Marchelos, Case No. 0:17-cv-61384-RNS (S.D. Fla., July 12, 2017), alleges that the Defendants failed to pay the Plaintiff and similarly situated employees all overtime pay and minimum wages they are owed, by requiring them to work without compensation/"off the clock" and work over 40 hours per week without receiving "time and a half." Athena by the Sea Corp. is an active Florida limited liability company, authorized to do and conduct business in Florida. The Company's principal address is in Lauderdale-by-the-Sea, Florida. Athena by the Sea Elias Business Trust, LLC, is an inactive Florida limited liability company with its principal address also in Lauderdale-by-the-Sea. The Individual Defendants are officers, managers or employees of the Corporate Defendants.[BN] The Plaintiff is represented by: Steven F. Grover, Esq. STEVEN F. GROVER, PA 507 S.E. 11 Ct. Fort Lauderdale, FL 33316 Telephone: (954) 290-8826 E-mail: stevenfgrover@gmail.com AUTO REFLECTIONS: Sued by Fears Over Nonpayment of Travel Time -------------------------------------------------------------- BRADY FEARS, RONALD MAY and WAYNE WALKER, Individually and on Behalf of All Those Similarly Situated v. AUTO REFLECTIONS INC., and CHRISTOPHER BOURQUE, Jointly and Severally, Case No. 1:17-cv- 02632-CAP (N.D. Ga., July 12, 2017), arises from alleged nonpayment of the Plaintiffs' travel time, in violation of the Fair Labor Standards Act. According to the complaint, the Plaintiffs, who worked as auto detailers, were not paid for their travel time from Red Oak to the various car dealership locations in Georgia that they would travel to, in order to perform their car detailing services. In addition, the Plaintiffs were not paid for their travel time from their last car dealership location back to Red Oak to return their cleaning tools, such as hand towels, and to retrieve their personal vehicles stored at the location. Auto Reflections, Inc., is an active Georgia corporation with a principal place of business in Sharpsburg, Georgia. The Company's auto detail business called Auto Reflections operates primarily at 4900 Bluffington Road, in Atlanta, Georgia. Christopher Bourque is an owner, officer, director or managing agent of Auto Reflections.[BN] The Plaintiffs are represented by: Brandon A. Thomas, Esq. THE LAW OFFICES OF BRANDON A. THOMAS, PC 1800 Peachtree Street, N.W., Suite 300 Atlanta, GA 30309 Telephone: (404) 343-2441 Facsimile: (404) 352-5636 E-mail: brandon@brandonthomaslaw.com AUTUMNWOOD HOMES: Fails to Pay Employees OT, Action Claims ---------------------------------------------------------- Sally Dubanowich, individually and on behalf of all others similarly situated v. Autumnwood Homes, Inc., Autumnwood Funding, Brian Knoppe, Chris Knoppe, and Kim Knoppe, Case No. 2:17-cv- 00622-MHW-CMV (S.D. Ohio, July 17, 2017), is brought against the Defendants for failure to pay overtime premium compensation for hours worked over 40 in a single workweek. The Defendants are in the business of buying and selling real estate, rehabilitating neglected homes, funding the purchase and/or repair costs of single family rehabilitation projects, leasing and managing rental properties. [BN] The Plaintiff is represented by: Sharon Cason-Adams, Esq. Roxi A. Liming, Esq. ADAMS & LIMING, L.L.C. Rivers Edge Corporate Center 1335 Dublin Road, Suite 104D Columbus, OH 43215 Telephone: (614) 488-2015 Facsimile: (614) 488-2069 E-mail: sharon@adamsliming.com roxi@adamsliming.com BED BATH: Faces "Przytula" Suit for FLSA, Ill. Labor Law Breach --------------------------------------------------------------- MARY PRZYTULA and BRAD BREDE, individually and on behalf of all others similarly situated, Plaintiffs, v. BED BATH & BEYOND INC., Defendant, Case No.: 1:17-cv-05124 (N.D. Ill., July 11,2017), alleges that Defendant's policy across its stores has been to uniformly classify Assistant Store Managers (ASMs) as exempt from federal and state overtime provisions and not pay ASMs any overtime wages in violation of the Fair Labor Standards Act. The case also alleges violation of the Illinois Minimum Wage Law, and the Illinois Wage Payment and Collection Act. BED BATH & BEYOND INC. is an American-owned retail chain operating over 1,000 stores across all 50 states.[BN] The Plaintiffs are represented by: Justin M. Swartz, Esq. Michael J. Scimone, Esq. OUTTEN & GOLDEN LLP 685 Third Avenue, 25th Floor New York, NY 10017 Phone: (212) 245-1000 - and - Paul W. Mollica, Esq. OUTTEN & GOLDEN LLP 161 N Clark Street, Suite 1600 Chicago, IL 60601 Phone: (312) 809-7010 - and - Gregg I. Shavitz, Esq. SHAVITZ LAW GROUP, P.A. 1515 S. Federal Hwy Boca Raton, FL 33432 Phone: (561) 447-8888 - and - Michael J. Palitz, Esq. SHAVITZ LAW GROUP, P.A. 830 3rd Avenue, 5th Floor New York, NY 10022 Phone: (800) 616-4000 - and - Troy L. Kessler, Esq. Garrett Kaske, Esq. SHULMAN KESSLER LLP 534 Broadhollow Road, Suite 275 Melville, NY 11747 Phone: (631) 499-9100 BIG HEART: Van Mourik Sues Over Product Mislabeling --------------------------------------------------- Nancy Van Mourik, individually and on behalf of all others similarly situated, Plaintiff, v. Big Heart Pet Brands Inc., Defendant, Case No. 4:17-cv-03889 (N.D. Cal., July 10, 2017) seeks damages, prejudgment interest, interests, restitution and all other forms of equitable monetary relief, injunctive relief, reasonable attorneys' fees, expenses and costs of suit and any other such relief under the California Consumers Legal Remedies Act. Big Heart Pet Brands formulates, manufactures, labels, packages, advertises, distributes and sells Nature's Recipe Adult Healthy Weight in a PetSmart in Magnolia, Texas. The Defendant allegedly mislabeled and advertised the Products with the "All Natural," "All Natural Dog Food" and/or all Natural Cat Food despite containing artificial ingredients. [BN] Plaintiff is represented by: Michael R. Reese, Esq. 100 West 93rd Street, 16th Floor New York, NY 10025 Telephone: (212) 643-0500 Facsimile: (212) 253-4272 Email: mreese@reesellp.com - and - Barbara A. Rohr, Esq. Benjamin Heikali, Esq. FARUQI & FARUQI LLP 10866 Wilshire Boulevard, Suite 1470 Los Angeles, CA 90024 Telephone: (424) 256-2884 Facsimile: (424) 256-2885 Email: brohr@faruqilaw.com bheikali@faruqilaw.com BLACKFOOT CONSULTING: "Andrews" Suit Asserts ADA Breach ------------------------------------------------------- Victor Andrews, on behalf of himself and all others similarly situated, Plaintiff, v. Blackfoot Consulting LLC, Defendant, Case No. 156160/2017, (N.Y. Sup., July 10, 2017), seeks compensatory damages including all applicable statutory damages and fines, for violations of New York State Human Rights Law and City Law, reasonable attorneys' fees, expenses and costs of suit, prejudgment and post-judgment interest and such other and further relief under the Americans with Disabilities Act. Defendants operate a restaurant "Little Owl" located at 90 Bedford Street, New York, NY 10014. They operate a website Thelittleowlnyc.com where they offer their good and services. Plaintiff alleges that it is inaccessible to the blind such as himself. [BN] Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 30 East 39th Street, Second Floor New York, NY 10016 Tel: (212) 465-1188 Fax: (212) 465-1181 BNP PARIBAS: Faces Alpari US Suit Over FX Transactions ------------------------------------------------------ ALPARI (US), LLC, on Behalf of Itself and All Others Similarly Situated v. BNP PARIBAS, S.A., Case No. 1:17-cv-05278 (S.D.N.Y., July 12, 2017), is brought to recover the damages that the Plaintiff and a class of similarly situated participants in the foreign exchange market suffered as a result of the Defendant's alleged practice of reneging on orders that it matched and accepted through its own and third-party electronic trading platforms. BNP Paribas is one of the largest currency dealers in the FX market and is a well-known "Liquidity Provider" or "Market Maker." As a Liquidity Provider, it acts as both a buyer and seller of currencies through its own proprietary electronic trading platforms and through third-party electronic communications networks by streaming prices to buy or sell a stated amount of a currency and entering into transactions thereon. Alpari (US), LLC was a New York company headquartered in New York City. Alpari was dissolved on September 18, 2015. The Plaintiff and the Class members are among BNP Paribas' counterparties in these FX transactions. BNP Paribas, S.A., is a French bank and financial services company headquartered in Paris, France. BNP Paribas is licensed by the New York Department of Financial Services through BNP Paribas, S.A., New York Branch. BNP Paribas, on its own behalf and through its control of its proprietary trading platforms, engaged in FX transactions with Plaintiff and the Class that are the subject matter of the lawsuit.[BN] The Plaintiff is represented by: George A. Zelcs, Esq. Robert E. Litan, Esq. Randall P. Ewing, Jr., Esq. KOREIN TILLERY LLC 205 North Michigan Plaza, Suite 1950 Chicago, IL 60601 Telephone: (312) 641-9750 Facsimile: (312) 641-9751 E-mail: gzelcs@koreintillery.com rlitan@koreintillery.com rewing@koreintillery.com - and - Stephen M. Tillery, Esq. Robert L. King, Esq. Aaron M. Zigler, Esq. Steven M. Berezney, Esq. Michael E. Klenov, Esq. KOREIN TILLERY LLC 505 North 7th Street, Suite 3600 St. Louis, MO 63101 Telephone: (314) 241-4844 Facsimile: (314) 241-3525 E-mail: stillery@koreintillery.com rking@koreintillery.com azigler@koreintillery.com sberezney@koreintillery.com mklenov@koreintillery.com - and - Christopher M. Burke, Esq. Walter W. Noss, Esq. Kate Lv, Esq. SCOTT+SCOTT, ATTORNEYS AT LAW, LLP 707 Broadway, Suite 1000 San Diego, CA 92101 Telephone: (619) 233-4565 Facsimile: (619) 233-0508 E-mail: cburke@scott-scott.com wnoss@scott-scott.com klv@scott-scott.com - and - David R. Scott, Esq. Kristen M. Anderson, Esq. Peter A. Barile III, Esq. Sylvia Sokol, Esq. Thomas K. Boardman, Esq. SCOTT+SCOTT, ATTORNEYS AT LAW, LLP The Helmsley Building 230 Park Avenue, 17th Floor New York, NY 10169 Telephone: (212) 223-6444 Facsimile: (212) 223-6334 E-mail: drscott@scott-scott.com kanderson@scott-scott.com pbarile@scott-scott.com ssokol@scott-scott.com tboardman@scott-scott.com - and - Michael D. Hausfeld, Esq. Reena A. Gambhir, Esq. Timothy S. Kearns, Esq. Jeannine M. Kenney, Esq. HAUSFELD, LLP 1700 K Street, NW, Suite 650 Washington, DC 20006 Telephone: (202) 540-7200 Facsimile: (202) 540-7201 E-mail: mhausfeld@hausfeldllp.com rgambhir@hausfeldllp.com tkearns@hausfeldllp.com jkenney@hausfeld.com - and - Bonny E. Sweeney, Esq. Michael P. Lehmann, Esq. HAUSFELD, LLP 600 Montgomery Street, Suite 3200 San Francisco, CA 94111 Telephone: (415) 633-1908 Facsimile: (415) 358-4980 E-mail: bsweeney@hausfeld.com mlehmann@hausfeld.com BOCCHI LABS: "Aviles" Sues Over Missed Breaks, Unpaid Overtime -------------------------------------------------------------- Claudia Aviles on behalf of herself and others similarly situated, Plaintiff, v. Bocchi Laboratories Ohio, LLC, Real Time Staffing Services, LLC and Does 1 to 100, inclusive, Defendants, Case No. BC667815 (Cal. Super., July 7, 2017), seeks compensation resulting from failure to accurately pay overtime wages and minimum wages, failure to provide meal periods and rest breaks, all wages earned and owed upon separation from Defendant's employ, and failure to provide accurate itemized wage statements under California Labor Code, Unfair Competition Law under the California Business and Professions Code and applicable Industrial Welfare Commission Wage Orders. Bocchi Labs is a full service contract manufacturer specializing in filling a wide range of personal care products. Real Time Staffing Services, Inc., Santa Barbara, CA, does business as Select Staffing, offering staffing services. [BN] Plaintiff is represented by: Joseph Lavi, Esq. Andrea Rosenkranz, Esq. LAVI & EBRAHIMIAN, LLP. 8889 W. Olympic Blvd. Suite 200 Beverly Hills, CA 90211 Telephone: (310) 432-0000 Facsimile: (310) 432-0001 Email: jlavi@lelawifirm.com arosenkranz@lelawfirm.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 BON APPETIT: Sued Over Missed Breaks, Incorrect Paystubs -------------------------------------------------------- Ana Lopez Cardoza and Rebeca Cardoza, as individuals and on behalf all others similarly situated, Plaintiffs, v. Bon Appetit Danish, Inc., a California Corporation and Does 1 through 100, Defendants, Case No. BC668184 (Cal. Super., July 11, 2017), seeks unpaid wages and interest thereon for failure to pay for all hours worked and minimum wage rate, failure to authorize or permit required meal periods, failure to authorize or permit required rest periods, statutory penalties for failure to provide accurate wage statements, 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, costs and interest under California Labor Code, Unfair Competition Law of the California Business and Professions Code and applicable Industrial Welfare Commission Wage Orders. Ana Lopez Cardoza and Rebeca Cardoza worked as baker and packer, respectively, for the Defendants pastry shop, which manufactures and distributes gourmet pastry products. [BN] Plaintiff is represented by: Paul K. Haines, Esq. Fletcher W. Schmidt, Esq. Andrew J. Rowbotham, Esq. HAINES LAW GROUP, APC 2274 East Maple Ave. El Segundo, CA 90245 Tel: (424) 292-2350 Fax: (424) 292-2355 Email: phaines@haineslawgroup.com fschmidt@haineslawgroup.com arowbotham@haineslawgroup.com BP PLC: Plaintiffs Appeal Ruling in North Sea Brent Crude Oil MDL ----------------------------------------------------------------- Plaintiffs Atlantic Trading USA, LLC, et al., filed an appeal from a District Court judgment dated June 29, 2017, in In re: North Sea Brent Crude Oil Futures Litigation, MDL No. 13-md-2475, in the U.S. District Court for the Southern District of New York (New York City). The Plaintiffs-Appellants are Atlantic Trading USA, LLC, Patricia Benvenuto, Christopher Chartier, John Devivo, FTC Capital GMBH, David Harter, Anthony Insinga, William Karkut, Xavier Laurens, Kevin McDonnell, Melissinos Eupatrid LP, Robert Michiels, Port 22, LLC, Praetor Capital Cayman Ltd., Praetor Capital Management Ltd., Praetor VII Futures and Options Master Fund Ltd., Praetor VII Futures & Options Fund Ltd., Prime International Trading, Ltd., Aaron Schindler, Michael Sevy, Gregory H. Smith, Neil Taylor and White Oaks Fund LP. The Plaintiffs allege, among other claims, that a large number of entities and individuals in the market for producing, refining and trading Brent crude oil manipulated the prices of Brent crude oil and Brent crude oil futures and other derivatives contracts traded on the New York Mercantile Exchange and the Intercontinental Exchange. The appellate case is captioned as In re: North Sea Brent Crude Oil Futures Litigation, Case No. 17-2233, in the United States Court of Appeals for the Second Circuit.[BN] Plaintiffs-Appellants Prime International Trading, Ltd., on behalf of itself and all others similarly situated; White Oaks Fund LP, On behalf of itself and all others similarly situated; Kevin McDonnell, On behalf of themselves and all others similarly situated; Anthony Insinga, On behalf of themselves and all others similarly situated; Robert Michiels, On behalf of themselves and all others similarly situated; John Devivo, On behalf of themselves and all others similarly situated; Neil Taylor; Aaron Schindler; Port 22, LLC; Atlantic Trading USA, LLC; and Xavier Laurens, on behalf of Themselves and all others Similarly Situated, are represented by: David E. Kovel, Esq. KIRBY MCINERNEY LLP 825 3rd Avenue New York, NY 10022 Telephone: (212) 317-2300 Facsimile: (212) 751-2540 E-mail: dkovel@kmllp.com Plaintiff-Appellant Michael Sevy, on behalf of himself and all others similarly situated, is represented by: Gregory S. Asciolla, Esq. LABATON SUCHAROW LLP 140 Broadway New York, NY 10005 Telephone: (212) 907-0768 Facsimile: (212) 883-7527 E-mail: gasciolla@labaton.com Plaintiff-Appellant Gregory H. Smith, individually and on behalf of all others similarly situated, is represented by: Samuel Howard Rudman, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 58 South Service Road Melville, NY 11747 Telephone: (631) 367-7100 Facsimile: (631) 367-1173 E-mail: srudman@rgrdlaw.com Plaintiff-Appellant Patricia Benvenuto, on behalf of herself and all others similarly situated, is represented by: Bernard Persky, Esq. ROBINS, KAPLAN, MILLER & CIRESI LLP 399 Park Avenue New York, NY 10022 Telephone: (212) 980-7400 Facsimile: (212) 883-7068 E-mail: bpersky@rkmc.com Plaintiff-Appellant David Harter, On Behalf of himself and Other Similarly situated Plaintiffs, is represented by: Peter Safirstein, Esq. MORGAN & MORGAN, P.C. 28 West 44th Street New York, NY 10036 Telephone: (212) 564-1637 Facsimile: (212) 564-1807 E-mail: psafirstein@forthepeople.com Plaintiff-Appellant Melissinos Eupatrid LP, behalf of itself and all others similarly situated, is represented by: David H. Weinstein, Esq. WEINSTEIN KITCHENOFF & ASHER LLC 100 South Broad Street Philadelphia, PA 19110 Telephone: (215) 545-7200 Facsimile: (215) 545-6535 E-mail: weinstein@wka-law.com Plaintiff-Appellant FTC Capital GMBH, on behalf of itself and all others similarly situated, is represented by: Michael Morris Buchman, Esq. MOTLEY RICE LLC 600 3rd Avenue New York, NY 10016 Telephone: (212) 577-0040 Facsimile: (212) 577-0054 E-mail: mbuchman@motleyrice.com Plaintiff-Appellant William Karkut is represented by: Christopher Lovell, Esq. LOVELL STEWART HALEBIAN JACOBSON LLP 61 Broadway New York, NY 10006 Telephone: (212) 608-1900 Facsimile: (212) 719-4677 E-mail: clovell@lshllp.com Plaintiff-Appellant Christopher Chartier, on behalf of himself and all others similarly situated, is represented by: Michael Eisenkraft, Esq. COHEN MILSTEIN SELLERS & TOLL, PLLC 88 Pine Street New York, NY 10005 Telephone: (212) 838-0177 Facsimile: (212) 838-7745 E-mail: meisenkraft@cohenmilstein.com Plaintiffs-Appellants Praetor Capital Cayman Ltd., on behalf of themselves and all others similarly situated; Praetor Capital Management Ltd., on behalf of themselves and all others similarly situated; Praetor VII Futures and Options Master Fund Ltd., on behalf of themselves and all others similarly situated; and Praetor VII Futures & Options Fund Ltd., on behalf of themselves and all others similarly situated, are represented by: Douglas Ian Cuthbertson, Esq. LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 250 Hudson Street New York, NY 10013 Telephone: (212) 355-9500 Facsimile: (212) 355-9592 E-mail: dcuthbertson@lchb.com Defendant-Appellee BP PLC is represented by: Amanda Flug Davidoff, Esq. SULLIVAN & CROMWELL LLP 1700 New York Avenue, NW Washington, DC 20006 Telephone: (202) 956-7500 Facsimile: (202) 293-6330 E-mail: davidoffa@sullcrom.com Defendants-Appellees Trafigura Beheer B.V., Trafigura AG, Phibro Trading L.L.C., Vitol S.A., Hess Energy Trading Company, LLC, Statoil US Holdings Inc., Shell Trading US Company, BP America, Inc., Vitol, Inc., BP Corporation North America, Inc., and Mercuria Energy Trading, Inc., are represented by: Daryl Libow, Esq. SULLIVAN & CROMWELL LLP 1700 New York Avenue, NW Washington, DC 20006 Telephone: (202) 956-7650 E-mail: libowd@sullcrom.com Defendant-Appellee Mercuria Energy Trading S.A. is represented by: John Francis Terzaken, III, Esq. ALLEN & OVERY LLP 1101 New York Avenue, NW Washington, DC 20005 Telephone: (202) 683-3800 E-mail: john.terzaken@allenovery.com Defendant-Appellee Morgan Stanley Capital Group Inc., ("MSCGI") is represented by: Mark Hopson, Esq. SIDLEY AUSTIN LLP 1501 K Street, NW Washington, DC 20005 Telephone: (202) 736-8188 E-mail: mhopson@sidley.com Defendant-Appellee Phibro Commodities Ltd., ("Phibro Commodities") is represented by: Karl Stern, Esq. QUINN EMANUEL URQUHART & SULLIVAN, LLP 1001 Fannin Street Houston, TX 77002 Telephone: (713) 224-4400 Facsimile: (713) 224-5153 E-mail: karlstern@quinnemanuel.com Defendant-Appellee Shell International Trading And Shipping Company Limited is represented by: Steven A. Reed, Esq. MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103 Telephone: (215) 963-5603 Facsimile: (215) 963-5001 E-mail: sreed@morganlewis.com BRISTOL-MYERS SQUIBB: Wins Bids to Dismiss Health One Class Suit ---------------------------------------------------------------- The Hon. Judith E. Levy granted the Defendants' motions to dismiss the lawsuit entitled Health One Medical Center, Eastpointe, P.L.L.C. v. Bristol-Myers Squibb Company and Pfizer, Inc., Case No. 5:16-cv-13815-JEL-SDD (E.D. Mich.). Because the amended complaint is dismissed, the Plaintiff's motion to certify the class is denied as moot, according to the Court's opinion and order. Health One filed the putative class action against the Defendants for alleged violations of the Telephone Consumer Protection Act and acts constituting common law conversion and statutory conversion under Michigan law. A copy of the Opinion and Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=yEW3duSJ BROOKDALE SENIOR: Facilities Don't Comply with ADA, Suit Says ------------------------------------------------------------- Courthouse News Service reported that a group of senior citizens accuse Brookdale Senior Living of deliberately understaffing its facilities to improve profit margins and violating the Americans With Disabilities Act with noncompliant bathrooms, closets and patio doors, according to a federal class action. The case is, PATRICIA EIDLER, by and through her Guardian Ad Litem, CHRISTOPHER WILLIAM EIDLER; STACIA STINER; MARY-CATHERINE JONES, by and through her Guardian Ad Litem, KELLY CLAPPER; and HELEN CARLSON, by and through her Guardian Ad Litem, and JOAN CARLSON; on their own behalves and on behalf of others similarly situated, Plaintiffs, v. BROOKDALE SENIOR LIVING, INC.; BROOKDALE SENIOR LIVING COMMUNITIES, INC.; and DOES 1 through 100, Defendants, Case No. 3:17-cv-03962-JD (N.D. Cal., July 13, 2017). Attorneys for Plaintiffs and the Proposed Classes: Guy B. Wallace Sarah Colby Jennifer A. Uhrowczik SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 Emeryville, California 94608 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 Gay Crosthwait Grunfeld Benjamin Bien-Kahn Christopher D. Hu ROSEN BIEN GALVAN & GRUNFELD LLP 50 Fremont Street, 19th Floor San Francisco, California 94105-2235 Telephone: (415) 433-6830 Facsimile: (415) 433-7104 Kathryn A. Stebner Kelly Knapp STEBNER AND ASSOCIATES 870 Market Street, Suite 1212 San Francisco, California 94102 Telephone: (415) 362-9800 Facsimile: (415) 362-9801 CAPITAL BANK: Shareholder Suit Seeks Release of Information ----------------------------------------------------------- Ellen Robinson, writing for Courthouse News Service, reported that a shareholder derivative action filed in Charlotte seeks to compel Capital Bank to release information the class claims is vital to its making an informed decision on the bank's proposed merger with another regional bank. First Horizon National Corp. announced on May 4 that it plans to buy Capital Bank for $2.2 billion to enlarge its presence in the southeast. According to the two banks, the combined company will have $40 billion in assets and $32 billion in deposits and will operate more than 300 branches across the Southeast, including Tennessee, South Carolina, Florida and Virginia. But in a federal complaint filed July 17, lead plaintiff Stephen Bushansky says the registration statement filed by Capital Bank last month is misleading because it failed to include financial projections and other information he and other shareholders need to cast an informed vote about the merger. Bushansky also says omitting this information from the statement is in violation of the Securities Exchange Act. He wants the board of directors of Capitol Bank to provide the allegedly missing information and give the class enough time to review the details prior to the vote. He claims without Capital Bank remedying the situation, stockholders will be forced to cast blind votes. Bushansky is represented by Janet Ward Black of Greensboro, North Carolina and Richard Acocelli of Weisslaw LLP in New York. Representatives of Capital Bank did not respond to a phone call seeking comment. CARE CAPITAL: Faces "Klein" Suit Over Merger w/ Sabra Health Care ----------------------------------------------------------------- MELVYN KLEIN, individually and on behalf of all others similarly situated, Plaintiff, vs. CARE CAPITAL PROPERTIES, INC., RAYMOND J. LEWIS, DOUGLAS CROCKER II, JEFFREY A. MALEHORN, JOHN L. WORKMAN, JOHN S. GATES, JR., DALE A. REISS, RONALD G. GEARY, CARE CAPITAL PROPERTIES, LP, SABRA HEALTH CARE REIT, INC., PR SUB, LLC, and SABRA HEALTH CARE LIMITED PARTNERSHIP, Defendants, Case No. 1:17- cv-00920-UNA (D. Del., July 10,2017), alleges that Defendants filed a Form S-4 Registration Statement that does not provide material information regarding a proposed agreement and plan of merger with Sabra Health Care REIT, Inc., PR Sub, LLC, and Sabra Health Care Limited Partnership. Pursuant to the terms of the Merger Agreement, Care Capital shareholders will receive 1.123 shares of Parent common stock for each share of Care Capital common stock. The Registration Statement allegedly fails to provide Plaintiff and the putative Class with (a) the Company's financial projections; (b) Sabra's financial projections, and (c) the financial analyses conducted by the Company's financial advisors in support of the fairness opinions. The Registration Statement also fails to provide material information regarding the potential conflicts of interest of the Company's financial advisors. Care Capital's business focuses on owning, acquiring, and leasing skilled nursing facilities and other healthcare assets operated by private regional and local care providers in the United States.[BN] The Plaintiff is represented by: Daniel P. Murray, Esq. O'KELLY ERNST&JOYCE, LLC 901 N. Market Street, Suite 1000 Wilmington, DE 19801 Phone: (302) 778-4000 Fax: (302) 295-2873 Email: rernst@oelegal.com Email: dmurray@oelegal.com - and - Thomas J. McKenna, Esq. Gregory M. Egleston, Esq. GAINEY McKENNA & EGLESTON 440 Park Avenue South, 5th Floor New York, NY 10016 Phone: 212-983-1300 Fax: 212-983-0383 Email: tjmckenna@gme-law.com Email: gegleston@gme-law.com CENTRAL FUMIGATION: Accused by "Carbajal" Suit of Violating FLSA ---------------------------------------------------------------- IVAN CARBAJAL, JOSE DeJESUS, LISANDRO GARZON, YASMANI GONZALEZ, ROBERTO JIMENEZ, FREDDY LANUZA, RICKIE ALLAN LETT, YASMANY TRASANCOS, JUAN CARLOS MELENDEZ, ALFREDO PEREZ, HECTOR REYES, CARLOS RODRIGUEZ, GEOVANNY RODRIGUEZ, MAURICIO SEQUEIRA and ALEJANDRO TAMAYO v. CENTRAL FUMIGATION DEPARTMENT, INC., a Florida Profit Corporation; ROBERTO RIVERA, individually, and JOSE RIVERA- LUGO, individually, Case No. 1:17-cv-22596-JEM (S.D. Fla., July 12, 2017), accuses the Defendants of violating the overtime, minimum wage and record keeping provisions of the Fair Labor Standards Act. Central is a Florida for profit corporation located in Miami, Florida. Roberto Rivera is the president and owner of Central. Jose Rivera-Lugo is the Vice-President and owner of Central.[BN] The Plaintiffs are represented by: Domingo C. Rodriguez, Esq. RODRIGUEZ LAW OFFICE, LLC 2121 Ponce de Leon Blvd., Suite 430 Miami, FL 33134 Telephone: (305) 774-1477 Facsimile: (305) 774-1075 E-mail: domingo@rlomiami.com CENTURYLINK INC: "Romero" Sues Over Unjust Service Charges ---------------------------------------------------------- Victor and Pamela Romero, on behalf of themselves and all others similarly situated, Plaintiffs, v. Centurylink, Inc., Centurylink Communications, LLC, Centurylink Public Communications, Inc., Centurylink Sales Solutions, Inc. and Centurylink, Embarq Minnesota Inc. and Does 1-50, inclusive, Defendants, Case No. 0:17-cv-02832, (D. Minn., July 12, 2017), seeks actual, consequential, statutory and incidental losses and damages, punitive damages, attorneys' fees, prejudgment interest on all amounts awarded, costs of suit and such other and further relief resulting from unjust enrichment and consumer fraud. Romero is a CenturyLink customer for their internet service. He claims to be unjustly charged for services that he did not avail of and/or did not agree to. [BN] Plaintiff is represented by: Brian C. Gudmundson, Esq. Carolyn G. Anderson, Esq. ZIMMERMAN REED, LLP 1100 IDS Center, 80 South 8th St. Minneapolis, MN 55402 Telephone: (612) 341-0400 Email: brian.gudmundson@zimmreed.com carolyn.anderson@zimmreed.com - and - Hart L. Robinovitch, Esq. 14646 N. Kierland Blvd., Suite 145 Scottsdale, AZ 85254 Telephone: (800) 493-2827 Email: hart.robinovitch@zimmreed.com - and - Mark J. Geragos, Esq. Ben J. Meiselas, Esq. GERAGOS & GERAGOS A PROFESSIONAL CORPORATION Historic Engine Co. No. 28 644 South Figueroa Street Los Angeles, CA 90017-3411 Telephone (213) 625-3900 Facsimile (213) 232-3255 Email: Geragos@Geragos.com CF ENTERTAINMENT: Ninth Circuit Appeal Filed in "Pauley" Suit ------------------------------------------------------------- Plaintiff Bernadette Pauley filed an appeal from a court ruling in the lawsuit entitled Bernadette Pauley v. CF Entertainment, et al., Case No. 2:13-cv-08012-R-CW, in the U.S. District Court for the Central District of California, Los Angeles. The lawsuit arose from labor-related issues. The appellate case is captioned as Bernadette Pauley v. CF Entertainment, et al., Case No. 17-56057, in the United States Court of Appeals for the Ninth Circuit. The briefing schedule in the Appellate Case is set as follows: -- Appellant Bernadette Pauley's opening brief is due on January 2, 2018; -- Appellees CF Entertainment, Comics Unleashed Productions, Inc., Entertainment Studios, Inc., Byron Allen Folks and Screen Actors Guild-American Federation of Television and Radio Artists' answering brief is due on January 30, 2018; and -- Appellant's optional reply brief is due 21 days after service of the answering brief.[BN] Plaintiff-Appellant BERNADETTE PAULEY, an individual, on behalf of herself and all others similarly situated, is represented by: Matthew J. Matern, Esq. Tagore Olivier Subramaniam, Esq. MATERN LAW GROUP 1230 Rosecrans Avenue, Suite 200 Manhattan Beach, CA 90266 Telephone: (310) 531-1900 Facsimile: (310) 531-1901 E-mail: mmatern@maternlawgroup.com tagore@maternlawgroup.com Defendants-Appellees CF ENTERTAINMENT, a California corporation; COMICS UNLEASHED PRODUCTIONS, INC., a California corporation; ENTERTAINMENT STUDIOS, INC., a California corporation; and BYRON ALLEN FOLKS, an individual, are represented by: Ivy K. Bierman, Esq. Saul D. Brenner, Esq. LOEB & LOEB LLP 10100 Santa Monica Boulevard Los Angeles, CA 90067 Telephone: (310) 282-2327 Facsimile: (310) 919-3952 E-mail: ibierman@loeb.com sbrenner@loeb.com Defendant-Appellee SCREEN ACTORS GUILD-AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS, a California corporation, is represented by: Ira L. Gottlieb, Esq. Lisa Demidovich, Esq. BUSH GOTTLIEB SINGER LOPEZ KOHANSKI ADELSTEIN & DICKINSON 801 N. Brand Boulevard Glendale, CA 91203 Telephone: (818) 973-3200 E-mail: igottlieb@bushgottlieb.com ldemidovich@bushgottlieb.com - and - Robert Alan Bush, Esq. BUSH GOTTLIEB SINGER LOPEZ KOHANSKI ADELSTEIN & DICKINSON 500 North Central Avenue Glendale, CA 91203-3345 Telephone: (818) 973-3205 E-mail: rbush@bushgottlieb.com CLARINS USA: Faces Class Suit over Body Fit Cream ------------------------------------------------- Courthouse News Service reported that a class claims in Chicago federal court that Clarins' Body Fit anti-cellulite cream isn't actually capable of getting rid of a person's cellulite and that "the only way to firm, lift or reshape loose skin is to have surgery." The case is, TIFFIANY BLACKWELL, individually and on behalf of all others similarly situated, Plaintiff, v. CLARINS U.S.A., INC., Defendant, Case No. 1:17-cv-5287 (N.D. Ill., July 18, 2017). Attorneys for Plaintiff and the Proposed Putative Class: Katrina Carroll Kyle A. Shamberg Ismael T. Salam LITE DEPALMA GREENBERG, LLC 212 West Wacker Drive, Suite 500 Chicago, IL 60606 Tel: 312-750-1265 E-mail: kcarroll@litedepalma.com kshamberg@litedepalma.com isalam@litedepamla.com R. Bruce Carlson Gary F. Lynch Kevin Abramowicz CARLSON LYNCH SWEET KILPELA & CARPENTER, LLP 1133 Penn Avenue, 5th Floor Pittsburgh, PA 15222 Tel: (412) 322-9243 E-mail: bcarlson@carlsonlynch.com glynch@carlsonlynch.com kabramowicz@carlsonlynch.com CLUB CLIMAXXX: "Wallace" Sues Over Unpaid Wages ----------------------------------------------- Cortney Wallace, on behalf of all those similarly situated, Plaintiff, v. Club Climaxxx Inc., a Florida corporation, Nightlife Solutions Inc., a Florida corporation, Defendants, Case 1:17-cv- 22585 (S.D. Fla., July 11, 2017) seeks unpaid minimum wages, unpaid overtime wages, liquidated damages, reasonable attorney's fees and costs under the Fair Labor Standards Act. Defendants operate an adult entertainment establishment where Wallace was employed as an exotic dancer. [BN] Plaintiff is represented by: Brian Militzok, Esq. MILITZOK LAW, P.A. Wells Fargo Building 4600 Sheridan Street, Suite 402 Hollywood, FL 33021 Tel: (954) 780-8228 Fax: (954) 719-4016 Email: bjm@militzoklaw.com COTY INC: "Franks" Suit Over Hair Dyeing Kit Sent to S.D. Ala. -------------------------------------------------------------- The case captioned BREONNA FRANKS, on behalf of herself and all others similarly situated, Plaintiff, v. COTY, INC., a Delware Corporation; THE PROCTOR & GAMBLE COMPANY, INC., an Ohio Corporation; THE PROCTOR & GAMBLE MANUFACTURING COMPANY, INC., and Ohio Corporation; THE PROCTOR & GAMBLE DISTRIBUTING, L.L.C., a Delware Limited Liability Company; PROCTOR & GMABLE HAIR CARE, L.L.C., a Delaware Limited Liability Company, Defendants, Case No. 1:17-cv-00321-N (originally, Case Number 1:17-cv-00159, S.D. Miss., May 25, 2017) was transferred from the U.S. District Court for the Southern District of Mississippi to the U.S. District Court for the Southern District of Alabama as Case No. 1:17-cv- 00321-N. The case was filed on behalf of consumers who purchased Clairol Balsam Color hair dyeing kit. The product is allegedly defective in design and/or manufacture because it causes physical injuries, including significant hair loss and skin and scalp irritation. The case alleges unjust enrichment, violation of the Magnuson-Moss Warranty Act, breach of express warranty, breach of implied warranty, fraud and negligent design and failure to warn. COTY, INC. is a beauty company.[BN] The Plaintiff is represented by: Brandy Lee Robertson, Esq. HENINGER GARRISON DAVIS LLC 2224 1st Avenue North Birmingham, AL 35203 Phone: (205) 326-3336 Fax: (205) 326-3332 E-mail: brandy@hgdlawfirm.com - and - Joseph L. "Josh" Tucker, Esq. JACKSON & TUCKER, P.C 2229 1st Ave. North Birmingham, AL 35203-4203 Phone 205.252.3535 Fax: 205.252.3536 Email: josh@jacksonandtucker.com - and - W. Lewis Garrison Jr., Esq. Honza J.F. Prchal, Esq. Brandy Lee Robertson, Esq. HENINGER GARRISON DAVIS, LLC 2224 First Avenue North Birmingham, AL 35203 Phone: 205.326.3336 Fax: 205-326-3332 Email: wlgarrison@hgdlawfirm.com honza@hgdlawfirm.com brandy@hgdlawfirm.com Defendant(s) is represented by: Jeffrey B. Cannon, Jr., Esq. HUIE FERNAMBUCQ & STEWART, LLP 2801 Highway 280 S., Suite 200 Birmingham, AL 35223 Phone: (205) 251-1193 E-mail: bcannon@huielaw.com - and - Hugh Cannon Lawley, Esq. HUIE, FERNAMBUCQ & STEWART 417 N. 20th St., Ste. 800 Birmingham, AL 35203 E-mail: cannon@huielaw.com CREDIT CONTROL: Faces "Racic" Lawsuit Alleging FDCPA Violation -------------------------------------------------------------- MALLORY RACIC, individually and on behalf of all others similarly situated, Plaintiff, v. CREDIT CONTROL, LLC, a Missouri limited liability company, Defendant, Case No. 1:17-cv-02371-RLY-TAB (S.D. Ind., July 12, 2017), alleges that Defendant's form of debt collection letter violated the Fair Debt Collection Practices Act. Allegedly, the Defendant used a debt collection letter that should only be used where interest and other charges are continuing to accrue on an account. In fact, interest was not, and had not been, accruing on Ms. Racic's account, says the complaint. Defendant's actions would cause an unsophisticated consumer to be confused as to whether she was subject to additional interest/charges, when she was not, in fact, subject to them, it adds. Defendant Credit Control operates a nationwide debt collection business.[BN] The Plaintiff is represented by: David J. Philipps, Esq. Mary E. Philipps, Esq. Angie K. Robertson, Esq. PHILIPPS & PHILIPPS, LTD. 9760 S. Roberts Road, Suite One Palos Hills, IL 60465 Phone: (708) 974-2900 Fax: (708) 974-2907 Email: davephilipps@aol.com mephilipps@aol.com angiekrobertson@aol.com - and - John T. Steinkamp, Esq. 5214 S. East Street, Suite D1 Indianapolis, IN 46227 Phone: (317) 780-8300 Fax: (317) 217-1320 Email: steinkamplaw@yahoo.com CSL SERVICES: "Millard" Suit Alleges FLSA, NJ Wage Law Violations ----------------------------------------------------------------- MATTHEW MILLARD, Plaintiff, vs. CSL SERVICES, INC., and BRUCE COHEN, individually, Defendants, Case No. 1:17-cv-05093 (D.N.J., July 12, 2017), alleges on behalf of Plaintiff and all others similarly situated that Plaintiff Millard was not paid time and one half for his hours over forty (40) in a workweek. Instead, Plaintiff was improperly paid straight time for the hours that he worked over forty (40) in a work week. The case alleges violation of the Fair Labor Standards Act, and the New Jersey State Wage and Hour Law. Defendants own, operate, and/or manage an appliance repair business. Plaintiff is a flow meter technician.[BN] The Plaintiff is represented by: Andrew I. Glenn, Esq. Jodi J. Jaffe, 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 Email: Aglenn@JaffeGlenn.com Jjaffe@JaffeGlenn.com DAVE & BUSTER'S: Faces "Gomez" Suit in S.D. Fla. ------------------------------------------------ A class action lawsuit has been filed against Dave & Buster's, Inc. The case is styled as Andres Gomez, on his own and on behalf of all other individuals similarly situated, Plaintiff v. Dave & Buster's, Inc., Defendant, Case No. 1:17-cv-22862-KMW (S.D. Fla., July 31, 2017). Dave & Buster's is an American restaurant and entertainment business headquartered in Dallas, Texas. Each Dave and Busters has a full-service restaurant and a video arcade.[BN] The Plaintiff is represented by: Jessica Lynn Kerr, Esq. Jessica L.Kerr, P.A. dba The Advocacy Group 333 Las Olas Way, Suite CU3-311 Fort Lauderdale, FL 33301 Tel: (954) 282-1858 Fax: (844) 786-3694 Email: service@advocacypa.com DAY ACCESSIBILITY: Faces "Pusey" Suit Under FLSA, NY Labor Law -------------------------------------------------------------- DAMIAN PUSEY, on behalf of himself and all others similarly- situated, Plaintiff, against DAY ACCESSIBILITY & MOBILITY SOLUTIONS, INC., a/k/a DAY ELEVATOR & LIFT, INC., Defendant, Case No. 2:17-cv-04122 (E.D.N.Y., July 12, 2017), is a civil action for damages and equitable relief based upon Defendant's alleged violations of: (i) the overtime provisions of the Fair Labor Standards Act; (ii) the overtime provisions of the New York Labor Law; (iii) the requirement that employers pay wages to employees pursuant to the terms of employment under the NYLL; (iv) the requirement that employers furnish employees with wage statements on each payday containing specific categories of accurate information under the NYLL; (v) the requirement that employees furnish employees with an accurate wage notice at the time of hiring, and on an annual basis, containing specific categories of information under the NYLL codified as the New York Wage Theft Prevention Act. Additionally, Plaintiff and the putative Class seek damages for Defendant's failure to pay its employees at the prevailing wage, with benefits and overtime provisions, as set forth in NYLL, in violation of the underlying public works contract and/or common law doctrines of equity. Defendant is a New York corporation, and a dealer of mobility products, including stair lifts, wheelchair lifts, commercial elevators and residential elevators. Plaintiff worked for Defendant as an Installation and Service Technician.[BN] The Plaintiff is represented by: Jon L. Norinsberg, Esq. Bennitta L. Joseph, Esq. Chaya M. Gourarie, Esq. JOSEPH & NORINSBERG, LLC 225 Broadway, Suite 2700 New York, NY 10007 Phone: (212) 227-5700 Fax: (212) 406-6890 DELTA AIR: "Johnson" ERISA Lawsuit Transferred to N.D. Georgia -------------------------------------------------------------- Judge Gregory M. Sleet ordered the transfer of the case captioned CRYSTAL JOHNSON and CORISSA L. BANKS, individually and as the representatives of a class of participants and beneficiaries in the Delta Family Care Savings Plan, Plaintiffs, against DELTA AIR LINES, INC., ADMINISTRATIVE COMMITTEE OF DELTA AIR LINES, INC., and CHRISTOPHER COLLINS, Defendants, (originally Case Number 1:16- cv-01275, D. Del., December 20, 2016) from the U.S. District Court for the District of Delaware to the U.S. District Court for the Northern District of Georgia, and assigned Case No. 1:17-cv-02608- TCB, according to a court docket dated July 11, 2017. Submission of Motion to Dismiss for Failure to State a Claim and for Lack of Standing is submitted to District Judge Timothy C. Batten. The case alleges that Defendants violated the Employee Retirement Income Security Act by breaching fiduciary duties to participants in one of the 401(k) plans offered by Delta. Allegedly, Defendants failed to provide the participants in the Plan with the lowest cost investment options that easily were available to them. The Delta Family Care Savings Plan is an "employee pension benefit plan." The Plan is designed to help provide retirement income for certain employees of Delta Air Lines, Inc.[BN] The Plaintiffs are represented by: Joel Friedlander, Esq. Christopher M. Foulds, Esq. Christopher P. Quinn, Esq. FRIEDLANDER & GORRIS, P.A. 1201 N. Market Street, Suite 2200 Wilmington, DE 19801 Phone: (302) 573-3500 Email: jfriedlander@friedlandergorris.com Email: cfoulds@friedlandergorris.com Email: cquinn@friedlandergorris.com Defendant(s) is represented by: Chad M. Shandler, Esq. RICHARDS LAYTON & FINGER P.O. Box 551 One Rodney Square Wilmington, DE 19899 Phone: (302) 658-6541 - and - Emily Catherine Hootkins, Esq. ALSTON & BIRD, LLP 1201 West Peachtree Street Atlanta, GA 30309-3424 Phone: (404) 881-4601 E-mail: emily.hootkins@alston.com - and - Patrick Connors DiCarlo, Esq. ALSTON & BIRD, LLP 1201 West Peachtree Street Atlanta, GA 30309-3424 Phone: (404) 881-4512 E-mail: pat.dicarlo@alston.com DENSO CORPORATION: Sued in Mich. Over HID Ballast-Price Fixing -------------------------------------------------------------- Dat-A-Syst, LLC, individually and on behalf of all others similarly situated v. Denso Corporation, Denso International America, Inc., Panasonic Corp., Panasonic Corporation Of North America, Stanley Electric Co., Ltd., Stanley Electric U.S. Co., Inc., II Stanley Co., Inc., Koito Manufacturing Co. Ltd., North American Lighting, Inc., Mitsubishi Electric Corporation, Mitsubishi Electric US Holdings, Inc., and Mitsubishi Electric Automotive America, Inc., Case No. 2:17-cv-12331-TGB-SDD (E.D. Mich., July 17, 2017), arises from the Defendants' and others' alleged unlawful combination, agreement and conspiracy that effectively operated to artificially inflate, fix, raise, maintain, or stabilize prices of high intensity discharge ballasts ("HID Ballasts") sold in the United States from July 1, 1998 through the present. The Defendants are global automotive components manufacturers. [BN] The Plaintiff is represented by: David H. Fink, Esq. Darryl Bressack, Esq. Nathan J. Fink, Esq. FINK + ASSOCIATES LAW 38500 Woodward Avenue, Ste. 350 Bloomfield Hills, MI 48304 Telephone: (248) 971-2500 E-mail: dfink@finkandassociateslaw.com dbressack@finkandassociateslaw.com nfink@finkandassociateslaw.com - and - Joseph C. Kohn, Esq. William E. Hoese, Esq. Douglas A. Abrahams, Esq. KOHN, SWIFT & GRAF, P.C. One South Broad Street, Suite 2100 Philadelphia, PA 19107 Telephone: (215) 238-1700 E-mail: jkohn@kohnswift.com whoese@kohnswift.com dabrahams@kohnswift.com - and - Gregory P. Hansel, Esq. Randall B. Weill, Esq. Michael S. Smith, Esq. PRETI, FLAHERTY, BELIVEAU & PACHIOS LLP One City Center, P.O. Box 9546 Portland, ME 04112-9546 Telephone: (207) 791-3000 E-mail: ghansel@preti.com rweill@preti.com msmith@preti.com - and - Eugene A. Spector, Esq. William G. Caldes, Esq. Jonathan M. Jagher, Esq. Jeffrey L. Spector, Esq. SPECTOR ROSEMAN & KODROFF 1818 Market Street, Suite 2500 Philadelphia, PA 19103 Telephone: (215) 496-0300 E-mail: espector@srkw-law.com bcaldes@srkw-law.com jjagher@srkw-law.com jspector@srkw-law.com - and - Steven A. Kanner, Esq. William H. London, Esq. Michael E. Moskovitz, Esq. FREED KANNER LONDON & MILLEN LLC 2201 Waukegan Road, Suite 130 Bannockburn, IL 60015 Telephone: (224) 632-4500 E-mail: skanner@fklmlaw.com wlondon@fklmlaw.com mmoskovitz@fklmla.com DENTAL DESINGS: Sent Unsolicited Text Messages, Suit Claims ----------------------------------------------------------- Glenn Gruskin, individually, and on behalf of all others similarly situated v. Dental Designs of Plantation Inc., and Does 1-10, and each of them, Case No. 0:17-cv-61413-DPG (S.D. Fla., July 17, 2017), seeks to stop the Defendants' practice of sending unsolicited text messages which was not made for emergency purposes or with the recipient's prior express consent. Dental Designs of Plantation Inc. owns and operates a dental clinic located at 10019 Cleary Blvd, Plantation, FL 33324. [BN] The Plaintiff is represented by: Raymond Dieppa, Esq. DIEPPA MARTINEZ, PLLC 14 Northeast First Avenue, Suite 1001 Miami, FL 33132 Telephone: (305) 722-6977 Facsimile: (786) 870-4030 E-mail: ray.dieppa@floridalegal.law DIGITALGLOBE INC: Faces "Machion" Suit Over Planned Sale to MDA --------------------------------------------------------------- MATTHEW MACHION, individually and on behalf of all others similarly situated, Plaintiff, v. DIGITALGLOBE, INC., MACDONALD, DETTWILER AND ASSOCIATES LTD., GENERAL HOWELL M. ESTES, III, JEFFREY R. TARR, NICK S. CYPRUS, ROXANNE DECYK, LAWRENCE A. HOUGH, WARREN C. JENSON, L. ROGER MASON, JR., KIMBERLY TILL and EDDY ZERVIGON, Defendants, Case No. 1:17-cv-01692-NYW (D. Colo., July 12, 2017), arises out of the proposed sale of the Company to MacDonald, Dettwiler and Associates Ltd. (MDA) and its affiliates. The merger consideration consists of $17.50 in cash and $17.50 in MDA stock. The Proposed Acquisition allegedly significantly undervalues DigitalGlobe. The case further avers that conflicted members of DigitalGlobe management and the Board drove the sales process, each of whom will receive special benefits not shared by DigitalGlobe stockholders if the Proposed Acquisition closes. The Board also heavily incentivized the Company's financial advisors, PJT Partners LP and Barclays Capital Inc., to consummate the Proposed Acquisition by making a substantial portion of each advisor's fee contingent on the closing of the merger, says the complaint. It adds that Defendants filed and disseminated to stockholders a materially false and misleading Form F-4 Registration Statement. Specifically, the Registration Statement and the Proxy Statement omit, inter alia, the following material information: (i) the individual multiples for each of the companies used in PJT's and Barclays' comparable companies analyses; (ii) the individual multiples for each of the companies used in Barclays' Selected Precedent Transaction Analysis; (iii) several key values from the projections created by DigitalGlobe management for fiscal years 2017-2021 that were provided to MDA and relied on by PJT and Barclays to generate their fairness analyses; and (iv) several key values from both MDA's financial projections for fiscal years 2017-2021 and DigitalGlobe's revised MDA financial projections for fiscal years 2017-2021, which were relied on by PJT and Barclays to generate their fairness analyses. DIGITALGLOBE, INC. is a global provider of high-resolution Earth imagery, data and analysis, specializing in defense and security applications.[BN] The Plaintiff is represented by: M. Gabriel Mcfarland, Esq. EVANS & MCFARLAND, LLC 910 13th Street, Suite 200 Golden, CO 80401 Phone: 303/279-8300 Fax: 303/277-1620 Email: gmcfarland@emlawyers.com - and - David T. Wissbroecker, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-8498 Phone: 619/231-1058 Fax: 619/231-7423 Email: dwissbroecker@rgrdlaw.com EBAY INC: Zelig Sues Over Defective Car, Hits Vehicle Guarantee --------------------------------------------------------------- Nicholas Zelig, individually and on behalf of other similarly situated Plaintiffs, v. Zach Foster, Rick Foster, Rick Jensen, Ebay, Inc., Lex (last name unknown) and Does 1 through 200, inclusive, Defendants, Case No. BC667500 (Cal. Super., July 7, 2017), seeks compensatory damages, rescission of fraudulently induced contracts, treble and punitive damages, disgorgement of all ill-gotten gains, attorney fees, costs of suit and such other and further relief arising from fraud, negligent misrepresentation, breach of contract and violation of the California Business and Professions Code. EBay operates a website providing a buy-and-sell platform for consumers and buyers deal. Plaintiff purchased a 10-year old vehicle for $5,000 but needed more than $10,000 in repairs despite their "guarantee" or "Vehicle Purchase Protection" program. Zach Foster and Rick Foster are owners of the said vehicle. [BN] Plaintiff is represented by: Steven Zelig, Esq. WLA LEGAL SERVICES, INC. 1543 7th Street, Third Floor Santa Monica, CA 90401 Tel: (310) 393-6702 Fax: (310) 393-6703 EI DU PONT: Faces "Dunne" Suit Over Failure to Pay Workers OT ------------------------------------------------------------- Gerard M. Dunne, Ronald S. Murphy, Dion L. Walker, Margaret Manning, Lisa Brown, Ronald Carbonneau, Tommy Carmichael, Adonis Coble, Christopher Danzi, Kenneth Eisenhutch, Thomas Hall, Jeffrey Houseman, Grady Lofton, Kyle Martin, Thomas Maxwell, Ryan Parish, David Riestor, Luis Rivera, William Salisbury, Chea Sharrett, Leo Sperduti, Nathaniel Stevenson, John Stover, Julie Switzer, and Robin Wright, individually and on behalf of all others similarly situated v. E. I. Du Pont De Nemours and Co., Case No. 1:17-cv- 00659 (W.D.N.Y., July 17, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. E. I. Du Pont De Nemours and Co. operates a science and technology based company in Buffalo, New York. [BN] The Plaintiff is represented by: Sarah M. Block, Esq. Gregory K. McGillivary, Esq. Diana J. Nobile, Esq. William Li, Esq. WOODLEY & McGILLIVARY LLP 1101 Vermont Avenue, N.W. Suite 1000 Washington, DC 20005 Telephone: (202) 833-8855 E-mail: gkm@wmlaborlaw.com djn@wmlaborlaw.com - and - Charles P. Yezbak, Esq. YEZBAK LAW OFFICES 2002 Richard Jones Rd. Suite B-200 Nashville, TN 37215 Telephone: (615) 250-2000 E-mail: yezbak@yezbaklaw.com ELITE HOME: Able Home's Bid to Certify Denied; Hearing on Aug. 15 ----------------------------------------------------------------- The Clerk of the U.S. District Court for the Northern District of Illinois made a docket entry on July 17, 2017, in the case titled Able Home Health, LLC v. Elite Home Physicians, LLC, et al., Case No. 1:17-cv-03639 (N.D. Ill.), relating to a hearing held before the Honorable Sara L. Ellis. The minute entry states that: -- second unopposed motion for extension of time is granted; -- Defendants' responsive pleading is due by August 11, 2017; -- In light of the parties' stipulation, the Court dismisses Plaintiffs' motion for class certification without prejudice; and -- the Court strikes the status hearing set for July 18, 2017, and resets it to August 15, 2017, at 9:30 a.m. A copy of the Notification of Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=g20KSukx EQUIFAX INFORMATION: Faces "Peters" Suit in N.D. of Ala. -------------------------------------------------------- A class action lawsuit has been filed against Equifax Information Services LLC. The case is styled as Rebecca Anne Peters, on behalf of herself and all others similarly situated, Plaintiff v. Equifax Information Services LLC, Defendant, Case No. 2:17-cv- 01274-JHE (N.D. Ala., July 29, 2017). The Defendants own and operate a financial services company. Micah S Adkins, Esq. THE ADKINS FIRM PC Two Perimeter Park South, Suite 405 E Birmingham, AL 35243 Tel: (205) 206-6718 Fax: (205) 208-9632 Email: MicahAdkins@ItsYourCreditReport.com EXCEEDING EXPECTATIONS: Sued Over Website Accessibility Barriers ---------------------------------------------------------------- Victor Andrews, on behalf of herself and all others similarly situated, Plaintiff, v. Exceeding Expectations, Inc., Defendant, Case No. 513301/2017 (N.Y. Sup., July 10, 2017), seeks compensatory damages including all applicable statutory damages and fines, for violations of New York State Human Rights Law and City Law, reasonable attorneys' fees, expenses and costs of suit, prejudgment and post-judgment interest and such other and further relief under the Americans with Disabilities Act. Defendant operates Longfellows Hotel, Restaurant and Conference Center located at 500 Union Ave, Saratoga Springs, NY 12866. Plaintiff browsed and intended to book a reservation for a room on Longfellows.com/hotel. However, he was not able to make a reservation due to the numerous accessibility barriers on the website. [BN] Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 30 East 39th Street, Second Floor New York, NY 10016 Tel: (212) 465-1188 Fax: (212) 465-1181 EXTREME SECURITY: "Ruiz" Sues Over Unpaid Overtime -------------------------------------------------- Denis Benito Vargas Ruiz and all others similarly situated, Plaintiff, v. Extreme Security Group Inc., Henry Barrios, Milagros Ramirez Gaston, Defendants, Case No. 1:17-cv-22591 (S.D. Fla., July 11, 2017), requests double damages and reasonable attorney fees from Defendants, jointly and severally, pursuant to the Fair Labor Standards Act for all overtime wages still owing from Plaintiff's entire employment period along with court costs, interest, and any other relief. Plaintiff worked for Defendants' security agency as a security guard from September 13, 2013, through the present and ongoing. [BN] Plaintiff is represented by: J.H. Zidell, Esq. J.H. ZIDELL, P.A. 300 71st Street, Suite 605 Miami Beach, FL 33141 Tel: (305) 865-6766 Fax: (305) 865-7167 FAMMA GROUP: Rodriguez, et al. File Suit Over Compensation ----------------------------------------------------------- ANNER RODRIGUEZ, ERICK RODRIGUEZ, JOSE BENAVIDES, DAVID BENAVIDES, and MELVIN CUADRA on behalf of themselves and others similarly situated, Plaintiffs, v. FAMMA GROUP, INC., a California Corporation, DON X. HO, JOE KAMARI, JESUS GONZALEZ, TIBURCIO SANCHEZ, ERICK OVANDO AND DOES 1-10, Defendants, Case No. 2:17-cv- 05109 (C.D. Cal., July 11,2017), alleges that Defendants have engaged in a policy and practice of requiring their employees to regularly work in excess of 12-14 hours per day, without providing double time compensation as required by applicable federal and state law. FAMMA GROUP, INC. -- https://www.fammagroupinc.net/ -- designs and manufactures men and women's apparel. Plaintiffs are warehouse workers.[BN] The Plaintiffs are represented by: Eliyahu Kaplunovsky, Esq. 1669-2 Hollenbeck Av #211 Sunnyvale, CA 94087 Phone: (408) 309 4506 FELCOR LODGING: Sachs Investment Sues Over Sale to RLJ Lodging -------------------------------------------------------------- SACHS INVESTMENT GROUP, on behalf of itself and all others similarly situated, Plaintiff, v. FELCOR LODGING TRUST INCORPORATED, THOMAS J. CORCORAN, JR., STEVEN R. GOLDMAN, CHARLES A. LEDSINGER, ROBERT H. LUTZ, JR., ROBERT F. COTTER, MARK D. ROZELLS, GLENN A. CARLIN, CHRISTOPHER J. HARTUNG, PATRICIA L. GIBSON, and DANA HAMILTON, Defendants, Case No. 1:17-cv-01933-CCB (D. Md., July 11,2017), alleges that the Individual Defendants authorized the filing of an incomplete and materially misleading Form S-4 Registration in connection with the proposed acquisition of FelCor by RLJ Lodging Trust and its affiliates. The Proposed Transaction values FelCor at $1.18 billion, or $8.54 per share of FelCor common stock. Allegedly, the Registration Statement contains incomplete and materially misleading information regarding: (i) the process leading to the Proposed Transaction; (ii) the financial analyses conducted by the Company's financial advisor, Merrill Lynch, Pierce, Fenner & Smith Inc., in connection with the Proposed Transaction; and (iii) the projections relied upon by BofA Merrill Lynch and RLJ's financial advisor, Barclays Capital Inc., in performing their respective valuation analyses. FELCOR LODGING TRUST INCORPORATED is a real estate investment trust ("REIT") that sells, acquires, rebrands and redevelops hotels.[BN] The Plaintiff is represented by: Donald J. Enright, Esq. Elizabeth K. Tripodi, Esq. LEVI & KORSINSKY LLP 1101 30th Street, N.W., Suite 115 Washington, DC 20007 Phone: (202) 524-4290 - and - Michael J. Palestina, Esq. Christopher Tillotson, Esq. KAHN SWICK & FOTI, LLC 206 Covington Street Madisonville, LA 70447 Phone: (504) 455-1400 Fax: (504) 455-1498 E-mail: Michael.Palestina@ksfcounsel.com FIRST ACCEPTANCE: Twohill Seeks to Certify Insurance Agents Class ----------------------------------------------------------------- The Plaintiff in the lawsuit entitled ESTHER TWOHILL, Individually and on Behalf of All Others Similarly Situated v. FIRST ACCEPTANCE CORPORATION and FIRST ACCEPTANCE INSURANCE COMPANY, INC., Case No. 3:17-cv-00284 (M.D. Tenn.), seeks to conditionally certify and send notice to this collective class: All current or former insurance agents, regardless of actual title, who worked for Defendants within the United States, and who Defendants classified as "exempt" from overtime pay for at least one workweek, during the last three years. ("Insurance Agent Collective Class"). Esther Twohill, on behalf of herself and others similarly situated, pursues collective action claims under the Fair Labor Standards Act to recover alleged unpaid overtime wages. She alleges that the Defendants misclassified her and other insurance agents as FLSA exempt and denied them overtime pay until they were reclassified as nonexempt in May 2016. Ms. Twohill also asks the Court to order the Defendants to provide to her counsel the names, job locations, dates of employment, mailing addresses, phone numbers and e-mail addresses of all putative class members; to authorize her to mail and e-mail her proposed notice and consent forms; and to approve a 90-day opt-in period in which putative class members may return their signed consent forms. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=iyDfJmRG The Plaintiff is represented by: Tracey F. George, Esq. DAVIS GEORGE MOOK LLC 1600 Genessee, Suite 328 Kansas City, MO 64102 Telephone: (816) 569-2629 Facsimile: (816) 447-3939 E-mail: tracey@dgmlawyers.com - and - Charles P. Yezbak, III, Esq. YEZBAK LAW OFFICES 2002 Richard Jones Road, Suite B-200 Nashville, TN 37215 Telephone: (615) 250-2000 Facsimile: (615) 250-2020 E-mail: yezbak@yezbaklaw.com - and - Rowdy B. Meeks, Esq. ROWDY MEEKS LEGAL GROUP LLC 8201 Mission Rd., Suite 250 Prairie Village, KS 66208 Telephone: (913) 766-5585 Facsimile: (816) 875-5069 E-mail: rowdy.meeks@rmlegalgroup.com The Defendants are represented by: Jonathan O. Harris, Esq. Casey M. Parker, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. SunTrust Plaza 401 Commerce Street, Suite 1200 Nashville, TN 37219-2446 Telephone: (615) 254-1900 Facsimile: (615) 254-1908 E-mail: Jon.harris@ogletree.com Casey.parker@ogletree.com - and - Chris R. Pace, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 4520 Main Street, Suite 400 Kansas City, MO 64111 Telephone: (816) 471-1301 Facsimile: (816) 471-1303 E-mail: Chris.pace@ogletree.com FLORIDA, USA: Punty Seeks to Certify Class of Parents ----------------------------------------------------- The Plaintiff in the lawsuit captioned ROBERT R. PRUNTY, ET AL, PRO SE (AND OTHERS SIMILARLY SITUATED) v. THE AGENCY FOR HEALTHCARE ADMINISTRATION, ET AL; THE SCHOOL DISTRICT OF DESOTO COUNTY, ET AL & THE JACK NICKLAUS MIAMI CHILDREN'S HOSPITAL, ET AL., Case No. 2:17-cv-00291-UA-CM (M.D. Fla.), moves for class certification. The proposed Class is defined as: All African American parents of Children within the Desoto County Public School District who received already filled out I.E.P. Contracts over the past at least (5) five years to their private residential address. The Plaintiff also requests that "Class Counsel" be assigned to the Case as soon as is practical. Through the use of the United States Mails, The Agency for Health Care Administration, (AHCA) and The School District of Desoto County (SDDC), has been mailing unsuspecting African American parents, "already filled out" Federal I.E.P. Contracts, in complete contravention of Medical Act Federal Rules and I.D.E.A. procedural mandates, the Plaintiff says. The Plaintiff contends that such activities permitted and empowered AHCA and the SDDC to "write their own paychecks" with no parental consent, and to also decide the educational and medical destinies of myriad unsuspecting persons, under color of state law and in violation of U.S. Constitutional provisions, namely the Fundamental Right of Parents to manage, direct and control the education, upbringing and care of their own children. Plaintiffs Robert R. Prunty in Arcadia, Florida, appears pro se. Defendant The School District of Desoto County is represented by: Jeffrey Jensen, Esq. UNICE, SALZMAN JENSEN, P.A. Patriot Bank Building, Second Floor 1815 Little Road Trinity, FL 34655 Telephone: (727) 723-3772 Facsimile: (727) 723-1421 Defendant The Agency for Health Care Administration is represented by: Anne McDonough, Esq. SENIOR ASSISTANT ATTORNEY GENERAL OFFICE OF THE ATTORNEY GENERAL 501 E. Kennedy Blvd., Suite 1100 Tampa, FL 33602-5242 Telephone: (850) 414-3300 Facsimile: (850) 488-4872 E-mail: anne.mcdonough@myfloridalegal.com - and - Pam Bondi, Esq. OFFICE OF ATTORNEY GENERAL STATE OF FLORIDA The Capitol PL-Ol Tallahassee, FL 32399-1050 Telephone: (850) 414-3300 E-mail: pam.bondi@myfloridalegal.com Defendant The Jack Nicklaus Miami Children's Hospital is represented by: Glen P. Falk, Esq. FALK, WAAS, HERNANDEZ, CORTINA, SOLOMON & BONNER, P. A. 135 San Lorenzo Ave., Suite 500 Coral Gables, FL 33 146-1 872 Telephone: (305) 447-6500 Facsimile: (305) 447-1777 E-mail: gfalk@falkwaas.com FORD MOTOR: Faces Class Suit over Defective Transit Vans -------------------------------------------------------- Courthouse News Service reported that a class claims in Louisville federal court that Ford Transit vans are manufactured with defective couplings that can cause the driveshaft to break away from the transmission and catapult the van into the air. The case is captioned, A. BLAIR ENTERPRISES, INC., individually and on behalf of all others similarly situated, Plaintiff, v. FORD MOTOR COMPANY, Defendant, Case No. 17-99999 (W.D. Ky.) Attorneys for Plaintiff and the Proposed Class: JONES WARD PLC Jasper D. Ward IV Ashton Rose Smith E-mail: jasper@jonesward.com ashton@jonesward.com JONES WARD PLC 1205 E Washington St., Suite 111 Louisville, Kentucky 40206 Telephone: (502) 882-6000 Jonathan D. Selbin E-mail: jselbin@lchb.com LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 Annika K. Martin E-mail: akmartin@lchb.com LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 250 Hudson Street, 8th Floor New York, NY 10013-1413 Telephone: (212) 355-9500 Facsimile: (212) 355-9592 Mark P. Chalos E-mail: mchalos@lchb.com LIEFF CABRASER HEIMANN & BERNSTEIN, LLP One Nashville Place 150 Fourth Avenue, Suite 1650 Nashville, TN 37219-2423 Telephone: (615) 313-9000 Facsimile: (615) 313-9965 GC SERVICES: "Frand" Consumer Lawsuit Alleges FDCPA Violation ------------------------------------------------------------- JAIME FRAND, on behalf of herself and all others similarly situated, Plaintiffs, against GC SERVICES LIMITED PARTNERSHIP, Defendant, Case No. 1:17-cv-04095-MKB-RLM (E.D.N.Y., July 10,2017), was filed on behalf of a class of New York consumers seeking redress for Defendant's illegal practices, in connection with the collection of a debt allegedly owed by Plaintiff in violation of the Fair Debt Collection Practices Act. The case alleges, among others, that Defendant's communication to Plaintiff to collect debt fails to disclose information required by law. Defendant is a collection agency with its principal office located in Houston, Texas.[BN] The Plaintiff is represented by: Joseph H. Mizrahi, Esq. JOSEPH H. MIZRAHI LAW, P.C. 337 Avenue W, Suite 2F Brooklyn, NY 11223 Phone: (917) 299-6612 Fax: (347) 665-1545 Email: Jmizrahilaw@gmail.com GC SERVICES: Faces "Aliev" Suit in E.D.N.Y. ------------------------------------------- A class action lawsuit has been filed against GC Services Limited Partnership. The case is styled as Luiza Aliev, on behalf of herself and all other similarly situated consumers, Plaintiff v. GC Services Limited Partnership, Defendant, Case No. 1:17-cv-04470 (E.D.N.Y., July 28, 2017). GC Services is an outsourcing provider of call center management and collection agency services in North America.[BN] The Plaintiff is represented by: Igor B Litvak, Esq. The Law Office of Igor Litvak 1701 Avenue P Brooklyn, NY 11229 Tel: (646) 796-4905 Fax: (718) 408-9570 Email: igorblitvak@gmail.com GOLDMAN SACHS: Sued by Alpari US Over FX Transactions ----------------------------------------------------- ALPARI (US), LLC, on Behalf of Itself and All Others Similarly Situated v. THE GOLDMAN SACHS GROUP, INC. and GOLDMAN, SACHS & CO., Case No. 1:17-cv-05275 (S.D.N.Y., July 12, 2017), seeks to recover the alleged damages that the Plaintiff and a class of similarly situated participants in the foreign exchange market suffered as a result of the Defendants' practice of reneging on orders that it matched and accepted through its own and third- party electronic trading platforms. Goldman Sachs is one of the largest currency dealers in the FX market and is a well-known "Liquidity Provider" or "Market Maker." As a Liquidity Provider, it acts as both a buyer and seller of currencies through its own proprietary electronic trading platforms and through third-party electronic communications networks by streaming prices to buy or sell a stated amount of a currency at particular prices and entering into transactions thereon. Plaintiff Alpari (US), LLC, was a New York company headquartered in New York City. Alpari was dissolved on September 18, 2015. The Plaintiff and the Class members are among Goldman Sachs's counterparties in these FX transactions. The Goldman Sachs Group, Inc. is a Delaware corporation headquartered in New York City. The Goldman Sachs Group, Inc., is a bank holding company and a financial holding company. Goldman, Sachs & Co. is a wholly-owned subsidiary of The Goldman Sachs Group, Inc. and is its principal operating subsidiary in the United States.[BN] The Plaintiff is represented by: George A. Zelcs, Esq. Robert E. Litan, Esq. Randall P. Ewing, Jr., Esq. KOREIN TILLERY LLC 205 North Michigan Plaza, Suite 1950 Chicago, IL 60601 Telephone: (312) 641-9750 Facsimile: (312) 641-9751 E-mail: gzelcs@koreintillery.com rlitan@koreintillery.com rewing@koreintillery.com - and - Stephen M. Tillery, Esq. Robert L. King, Esq. Aaron M. Zigler, Esq. Steven M. Berezney, Esq. Michael E. Klenov, Esq. KOREIN TILLERY LLC 505 North 7th Street, Suite 3600 St. Louis, MO 63101 Telephone: (314) 241-4844 Facsimile: (314) 241-3525 E-mail: stillery@koreintillery.com rking@koreintillery.com azigler@koreintillery.com sberezney@koreintillery.com mklenov@koreintillery.com - and - Christopher M. Burke, Esq. Walter W. Noss, Esq. Kate Lv, Esq. SCOTT+SCOTT, ATTORNEYS AT LAW, LLP 707 Broadway, Suite 1000 San Diego, CA 92101 Telephone: (619) 233-4565 Facsimile: (619) 233-0508 E-mail: cburke@scott-scott.com wnoss@scott-scott.com klv@scott-scott.com - and - David R. Scott, Esq. Kristen M. Anderson, Esq. Peter A. Barile III, Esq. Sylvia Sokol, Esq. Thomas K. Boardman, Esq. SCOTT+SCOTT, ATTORNEYS AT LAW, LLP The Helmsley Building 230 Park Avenue, 17th Floor New York, NY 10169 Telephone: (212) 223-6444 Facsimile: (212) 223-6334 E-mail: drscott@scott-scott.com kanderson@scott-scott.com pbarile@scott-scott.com ssokol@scott-scott.com tboardman@scott-scott.com - and - Michael D. Hausfeld, Esq. Reena A. Gambhir, Esq. Timothy S. Kearns, Esq. Jeannine M. Kenney, Esq. HAUSFELD, LLP 1700 K Street, NW, Suite 650 Washington, DC 20006 Telephone: (202) 540-7200 Facsimile: (202) 540-7201 E-mail: mhausfeld@hausfeldllp.com rgambhir@hausfeldllp.com tkearns@hausfeldllp.com jkenney@hausfeld.com - and - Bonny E. Sweeney, Esq. Michael P. Lehmann, Esq. HAUSFELD, LLP 600 Montgomery Street, Suite 3200 San Francisco, CA 94111 Telephone: (415) 633-1908 Facsimile: (415) 358-4980 E-mail: bsweeney@hausfeld.com mlehmann@hausfeld.com - and - Linda P. Nussbaum, Esq. Bart D. Cohen, Esq. Bradley J. Demuth, Esq. NUSSBAUM LAW GROUP, P.C. 1211 Avenue of the Americas, 40th Floor New York, NY 10036 Telephone: (917) 438-9102 E-mail: lnussbaum@nussbaumllp.com bcohen@nussbaumpc.com bdemuth@nussbaumpc.com HD SUPPLY: Retirement System Alleges Securities Act Violation ------------------------------------------------------------- CITY OF HOLLYWOOD POLICE OFFICERS RETIREMENT SYSTEM, individually and on behalf of all others similarly situated, Plaintiff, v. HD SUPPLY HOLDINGS, INC., JOSEPH J. DEANGELO, AND EVAN J. LEVITT, Defendants, Case No. 1:17-cv-02587-ELR (N.D. Ga., July 10, 2017), alleges a fraudulent and illegal scheme by HD Supply's senior executives to artificially inflate the Company's stock price by issuing false and misleading guidance and hiding critical information from investors. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (1) HD Supply's full year 2017 growth and operational leverage targets were unattainable; (2) the operational recovery of its Facilities Maintenance supply chain was not going according to plan; (3) the Company was exploring the sale of its Waterworks segment; and (4) Defendant Joseph DeAngelo, HD Supply's President, Chief Executive Officer, and Chairman of the Board of Directors, with full knowledge of the undisclosed materially adverse facts alleged herein, embarked on a selling spree of personal holdings of HD Supply stock that netted him over $54 million in proceeds. The case was filed on behalf of all persons or entities that purchased or otherwise acquired HD Supply securities between November 9, 2016 and June 5, 2017. HD Supply is one of the largest industrial distributors in North America. The Company provides a broad range of products and services to approximately 500,000 professional customers in the maintenance, repair and operations, infrastructure and power and specialty construction sectors.[BN] The Plaintiff is represented by: W. Thomas Lacy, Esq. LINDSEY & LACY, PC 2002 Commerce Dr. N., Suite 300 Peachtree City, GA 30269 Phone: (770) 486-8445 Fax: (770) 486-8889 Email: tlacy@llptc.com - and - Maya Saxena, Esq. Joseph E. White, III, Esq. Lester R. Hooker, Esq. SAXENA WHITE P.A. 5200 Town Center Circle, Suite 601 Boca Raton, FL 33486 Phone: (561) 394-3399 Fax: (561) 394-3382 Email: msaxena@saxenawhite.com Email: jwhite@saxenawhite.com Email: lhooker@saxenawhite.com - and - Steven B. Singer, Esq. SAXENA WHITE P.A. 4 West Red Oak Lane, Suite 312 White Plains, NY 10604 Phone: (914) 437-8551 Fax: (888) 631-3611 Email: ssinger@saxenawhite.com - and - Stuart A. Kaufman, Esq. KLAUSNER KAUFMAN JENSEN & LEVINSON 7080 Northwest 4th Street Plantation, FL 33317 Phone: (954) 916-1202 Fax: (954) 916-1232 Email: stu@robertdklausner.com HERALD SQUARE: Faces "Delfino" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Anastacio Garcia Delfino, Angel Aviles Cruz, Ernesto Garcia Maldonado, and Refugio Reyes, individually and on behalf of others similarly situated v. Herald Square Market Inc. (d/b/a Herald Square Market), Jae Han Lee and Kyung Yon Lee, Case No. 1:17-cv- 05407 (S.D.N.Y., July 17, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants own, operate, or control a counter-serve restaurant located 968 6th Avenue, New York, New York, 10018 under the name Herald Square Market. [BN] The Plaintiff is represented by: Michael Faillace, Esq. MICHAEL FAILLACE & ASSOCIATES, PC 60 East 42nd Street, Suite 2540 New York, NY 10165 Telephone: (212) 317-1200 E-mail: Michael@Faillacelaw.com HYATT EQUITIES: Certification of Class Sought in "Guarisma" Suit ---------------------------------------------------------------- The Plaintiff in the lawsuit styled CARLOS GUARISMA, individually, and on behalf of others similarly situated v. HYATT EQUITIES, LLC, a Delaware Limited Liability Company, Case No. 1:17-cv-20931-UU (S.D. Fla.), seeks certification of this Class: (i) All persons in the United States (ii) who, when paying for their hotel room at any Hyatt hotel identified by Defendant or its records as using Opera PMS software during a time period the software was programmed to print a point-of-sale transaction receipt that disclosed the expiration date or first six digits of the number of any debit or credit card used in that kind of transaction at that hotel, (iii) made such payment using a credit or debit card (iv) and were provided with a printed receipt. The case arose from the Defendant's alleged violation of the Fair and Accurate Credit Transactions Act. The Plaintiff alleges that Hyatt allowed its computerized credit card processing software to print receipts that display the card expiration date plus the first six and last four digits of the credit or debit card number, in violation of FACTA's express requirement that this information be masked to prevent it from falling into the hands of identity thieves. Mr. Guarisma also asks the Court to appoint him and his counsel as class representative and class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=zxueAw8q The Plaintiff is represented by: Scott D. Owens, Esq. Patrick C. Crotty, Esq. Sean M. Holas, Esq. SCOTT D. OWENS, P.A. 3800 S. Ocean Dr., Suite 235 Hollywood, FL 33019 Telephone: (954) 589-0588 Facsimile: (954) 337-0666 E-mail: scott@scottdowens.com patrick@scottdowens.com sean@scottdowens.com - and - Bret L. Lusskin, Esq. BRET LUSSKIN, P.A. 20803 Biscayne Blvd., Suite 302 Aventura, FL 33180 Telephone: (954) 454-5841 Facsimile: (954) 454-5844 E-mail: blusskin@lusskinlaw.com - and - Keith J. Keogh, Esq. KEOGH LAW LTD. 55 W. Monroe, Suite 3390 Chicago, IL 60603 Telephone: (312) 726-1092 Facsimile: (312) 726-1093 E-mail: Keith@KeoghLaw.com IDT CORPORATION: Arbitrage Fund to Invalidate Company Sale ---------------------------------------------------------- The Arbitrage Fund, on behalf of itself and all others similarly situated, Plaintiff, v. Howard S. Jonas, The Patrick Henry Trust, and IDT Corporation, Defendant, Case No. 2017-0502 (D. Del., July 11, 2017), seeks to invalidate the sale of Straight Path to AT&T; damages resulting from breach of fiduciary duties for the unfair selling price of Straight Path stock; an indemnification against IDT and the transfer of Straight Path's IP Assets in a constructive trust; disgorgement of any ill-gotten profits; extraordinary equitable and injunctive relief; costs and disbursements of the action including reasonable attorneys' fees, accountants', consultants' and experts' fees costs, and expenses, and such further relief for Defendants' breaches of fiduciary duties. Straight Path is a holding company for wireless spectrum licenses and related patents, holding millimeter bandwidth licenses for 5G networks. Straight Path was previously a subsidiary of IDT Corporation, but became a standalone company following the Spin Off on July 31, 2013. In January 2017, Straight Path entered into a consent decree with the Federal Communications Commission (FCC) to forfeit approximately 20% of its wireless licenses, pay a $15 million fine and sell itself to AT&T and then pay 20% of the sale proceeds as a fine to the FCC. Plaintiff owns over 172,000 Straight Path shares worth nearly $32 million and seeks to assert direct claims for breach of fiduciary duty against the Straight Path Board of Directors in which they manipulated the Straight Path sale process. [BN] Plaintiff is represented by: P. Bradford deLeeuw, Esq. ROSENTHAL, MONHAIT & GODDESS, P.A. 919 N. Market Street, Suite 1401 Citizens Bank Center Wilmington, DE 19801 Tel: (302) 656-4433 - and - Vincent R. Cappucci, Esq. Andrew J. Entwistle, Esq. ENTWISTLE & CAPPUCCI LLP 299 Park Avenue, 20th Floor New York, NY 10171 Tel: (212) 894-7200 INC RESEARCH: Faces "Fink" Suit Over Proposed Merger w/ inVentiv ---------------------------------------------------------------- BRIAN FINK, individually and on behalf of all others similarly situated, Plaintiff, v. INC RESEARCH HOLDINGS, INC., ALISTAIR MACDONALD, ROBERT W. BRECKON, DAVID Y. NORTON, DAVID F. BURGSTAHLER, LINDA S. HARTY, RICHARD N. KENDER, WILLIAM KLITGAARD, KENNETH F. MEYERS, MATTHEW E. MONAGHAN and ERIC P. PAQUES, Defendants, Case No. 1:17-cv-00927-UNA (D. Del., July 10, 2017), alleges that the Company Board authorized the filing of a materially incomplete and misleading Definitive Proxy Statement in connection with the proposed merger between INC and inVentiv Health, Inc. In particular, the Proxy allegedly contains materially incomplete and misleading information concerning: (i) financial projections for the Company and inVentiv; and (ii) the valuation analyses performed by the Company's financial advisor, Centerview Partners LLC, in support of their fairness opinion. The special meeting of INC stockholders to vote on the Proposed Merger was scheduled for July 31, 2017. The Plaintiff says it is imperative that the material information that has been omitted from the Proxy is disclosed to the Company's stockholders prior to the forthcoming stockholders vote, so that they can properly exercise their corporate suffrage rights.[BN] The Plaintiff is represented by: Nadeem Faruqi, Esq. James M. Wilson, Jr., Esq. FARUQI & FARUQI, LLP 685 Third Ave., 26th Fl. New York, NY 10017 Phone: (212) 983-9330 Email: nfaruqi@faruqilaw.com Email: jwilson@faruqilaw.com - and - Michael Van Gorder, Esq. FARUQI & FARUQI, LLP 20 Montchanin Road, Suite 145 Wilmington, DE 19807 Phone: (302) 482-3182 Email: mvangorder@faruqilaw.com INCINIA CONTRACTING: Faces "Fernandez De Jesus" Suit in S.D.N.Y. ---------------------------------------------------------------- A class action lawsuit has been filed against Incinia Contracting, Inc. The case is styled as Enmanul Fernandez De Jesus and Henry De Jesus Del Carmen, individually and on behalf of all others similarly situated, Plaintiffs v. Incinia Contracting, Inc., Incinia Corporation, Zoran Zoric and DusanZoric, Defendants, Case No. 1:17-cv-05733 (S.D.N.Y., July 28, 2017). Incinia Contracting is a full service Environmental Company and licensed and fully insured in New York & New Jersey.[BN] The Plaintiffs appeared PRO SE. INNATE INTELLIGENCE: Levine Hat Moves to Certify Class Under TCPA ----------------------------------------------------------------- The Plaintiff in the lawsuit styled LEVINE HAT CO., on behalf of itself and all others similarly situated v. INNATE INTELLIGENCE, LLC, et al., Case No. 4:16-cv-01132-CEJ (E.D. Mo.), seeks certification of this class: All persons who received a facsimile transmission sent by ProFax, Inc., on behalf of Innate Intelligence LLC or its chiropractic clinics between January 27, 2016 and July 13, 2016, as confirmed by either: (1) presence on a facsimile transmission log produced by Innate Intelligence LLC in this case showing one or more transmissions "sent" and "complete"; or (2) presence on a list of those who opted out from receiving future faxes from Innate Intelligence LLC, produced by ProFax, Inc. in this case. Levine Hat also asks the Court to appoint Keane Law LLC as counsel for the Class. The case arises out of a fax-advertising campaign conducted between January 27 and July 13, 2016, when the Defendants sent 10 sets of facsimile broadcasts totaling 32,398 facsimile transmissions that were actually received. Levine Hat brought the lawsuit alleging that the faxes violated the Telephone Consumer Protection Act of 1991. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=3KZZkhCz The Plaintiff is represented by: Ryan A. Keane, Esq. Alexander L. Braitberg, Esq. KEANE LAW LLC 9666 Olive Blvd., #690 St. Louis, MO 63132 Telephone: (314) 240-5278 Facsimile: (314) 244-3778 E-mail: ryan@keanelawllc.com alex@keanelawllc.com INVESTMENT COMMITTEE: "Xie" ERISA Suit Transferred to New Jersey ---------------------------------------------------------------- Judge Cormac J. Carney ordered the transfer of the case captioned JACK XIE, and all other individuals similarly situated, Plaintiff, vs. THE INVESTMENT COMMITTEE and BENEFITS OVERSIGHT COMMITTEE of the ALLERGAN INC. SAVINGS AND INVESTMENT PLAN and ACTAVIS INC. 401(k) PLAN, and MARIA TERESA HILADO, Defendants, (originally, Case Number 8:17-cv-00271., C.D. Cal., February 14, 2017) from the U.S. District Court for the Central District of California to the U.S. District Court for the District of New Jersey, as Case No. 2:17-cv-05070-SDW-LDW, according to a court docket dated July 10, 2017. The Court further orders that Defendants' Motion to Transfer, filed June 26, 2017, that was set for hearing on July 31, 2017, is moot based on this order and is taken off calendar. The Court further orders that Defendant shall not be required to file a responsive pleading until thirty (30) days after the District of New Jersey (Newark) has determined whether this action should be consolidated with the Andrew J. Ormond, et al. v. Allergan Plc, et al., United States District Court, District of New Jersey Case No. 2:17-cv-01554-SDW-LDW. The case is assigned to Judge Susan D. Wigenton and Magistrate Judge Leda D. Wettre. A notice of appearance of JUSTIN SAUERWALD on behalf of Jack Xie was entered in the case docket dated July 12, 2017. The case was filed on behalf of participants in and beneficiaries of the Allergan Inc. Savings and Investment Plan and the Actavis Inc. 401(k) Plan and who were invested in the Company stock during the period of March 17, 2015, through November 3, 2016, inclusive. The Plan is a defined contribution plan under the Employee Retirement Income Security Act sponsored by Allergan for eligible employees to contribute a portion of their income towards their retirement savings. Among the investment options available to Plan participants is an employee stock option plan, which allows Plan participants to buy and own shares of Allergan stock through the Plan. During the Class Period, Allergan stock was the largest single investment purchased and held under the Plan by Plan participants. Defendants' breaches of fiduciary duty occurred when they knew or should have known that Allergan's stock had become artificially inflated by the Company's fraud and misrepresentation, thus making Allergan stock an imprudent investment under ERISA and damaging the Plan and those Plan participants who bought or held Allergan stock, says the complaint. Allergan (formerly known as Actavis plc) is a specialty pharmaceutical company that develops, manufactures, markets, and distributes medical aesthetics, biosimilar, and over-the-counter pharmaceutical products.[BN] The Plaintiff is represented by: Ken E. Steelman, Esq. David F. Brown, Esq. CORBETT, STEELMAN & SPECTER 18200 Von Karman Avenue, Suite 900 Irvine, CA 92612-7156 Phone: (949) 553-9266 Fax: (949) 553-8454 Email: ksteelman@corbsteel.com Email: dbrown@corbsteel.com - and - Samuel E. Bonderoff, Esq. Jacob H. Zamansky, Esq. Edward H. Glenn Jr., Esq. Justin Sauerwald, Esq. ZAMANSKY LLC 50 Broadway, Floor 32 New York, NY 10004 Phone: (212) 742-1414 Fax: (212) 742-1177 Email: samuel@zamansky.com INWELL INC: "Culley" Suit Alleges Misclassification of Operators ---------------------------------------------------------------- SHADDEN CULLEY, Individually and on behalf of all others similarly situated, Plaintiff, v. INWELL, INC. and MWD SERVICES (MGMT), INC., Defendants, Case No. 4:17-cv-02097 (S.D. Tex., July 10, 2017), alleges that Defendants improperly classified Plaintiff and the Putative Class Members as independent contractors. Plaintiff and the Putative Class Members are those persons who are current and former non-exempt employees who worked for Defendants as Measurement While Drilling (MWD) Operators and were paid a day rate but no overtime compensation for all hours worked over forty (40) in each workweek. INWELL, INC. and MWD SERVICES (MGMT), INC. are together an oilfield service company with significant operations in the United States.[BN] The Plaintiff is represented by: Clif Alexander, Esq. Austin W. Anderson, Esq. Lauren E. Braddy, Esq. Alan Clifton Gordon, Esq. ANDERSON2X, PLLC 819 North Upper Broadway Corpus Christi, TX 78401 Phone: (361) 452-1279 Fax: (361) 452-1284 Email: clif@a2xlaw.com austin@a2xlaw.com lauren@a2xlaw.com cgordon@a2xlaw.com JOHN CHRISTNER: Huddleston Challenges Drivers' Misclassification ---------------------------------------------------------------- THOMAS HUDDLESTON, individually and on behalf of all others similarly situated v. JOHN CHRISTNER TRUCKING, LLC, Case No. 1:17- at-00532 (E.D. Cal., July 12, 2017), challenges, among other things, the Defendant's policy and practice of unlawfully misclassifying its non-exempt hourly driver employees as independent contractors, who are exempt from the provisions of the Fair Labor Standards Act and California wage and hour laws. John Christner Trucking, LLC, is an Oklahoma corporation with its principal place of business in Sapulpa, Oklahoma. JCT's primary business consists of providing transportation services to various wholesale and retail clients. JCT leases property relating to its delivery operation in California. JCT operates in 48 states, with 10-12% of its total nationwide miles logged in the state of California.[BN] The Plaintiff is represented by: Carolyn Hunt Cottrell, Esq. David C. Leimbach, Esq. Nicole N. Coon, Esq. Keenan L. Klein, Esq. SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 Emeryville, CA 94608 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 E-mail: ccottrell@schneiderwallace.com dleimbach@schneiderwallace.com ncoon@schneiderwallace.com kklein@schneiderwallace.com - and - Robert S. Boulter, Esq. LAW OFFICES OF ROBERT S. BOULTER 1101 Fifth Ave., Suite 235 San Rafael, CA 94901 Telephone: (415) 233-7100 Facsimile: (415) 233-7101 E-mail: rsb@boulter-law.com JOHN HEATH: Harasses Consumers Nationwide, "Elser" Suit Alleges --------------------------------------------------------------- JOSHUA ELSER individually and on behalf of all others similarly situated v. JOHN C. HEATH, ATTORNEY AT LAW, PLLC d/b/a LEXINGTON LAW FIRM, a Utah professional limited liability company, Case No. 5:17-cv-00326-BJD-PRL (M.D. Fla., July 12, 2017), stems from the Defendant's alleged practice of harassing consumers nationwide with automated telemarketing calls and text messages, in violation of the Telephone Consumer Protection Act. John C. Heath, Attorney At Law, PLLC, doing business as Lexington Law Firm, is a Utah professional limited liability company whose principal office is located in Salt Lake City, Utah. The Defendant sells credit repair and monitoring services to consumers. The Defendant directs, markets and provides its business activities throughout the United States, including Florida.[BN] The Plaintiff is represented by: Andrew J. Shamis, Esq. SHAMIS & GENTILE, P.A. 14 NE 1st Avenue, Suite 400 Miami, FL 33132 Telephone: (305) 479-2299 Facsimile: (786) 623-0915 E-mail: ashamis@sflinjuryattorneys.com - and - Manuel S. Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Boulevard, Suite 1400 Ft Lauderdale, FL 33301 Telephone: (954) 400-4713 E-mail: mhiraldo@hiraldolaw.com - and - Stephen P. DeNittis, Esq. DeNITTIS OSEFCHEN PRINCE P.C. 525 Route 73 North, Suite 410 Marlton, NJ 08083 Telephone: (856) 797-9951 E-mail: sdenittis@denittislaw.com KANSAS, USA: Court Tosses "Baker" Suit for Failure to State Claim ----------------------------------------------------------------- The Hon. J. Thomas Marten granted the Defendants' motion to dismiss the lawsuit captioned RONALD BAKER, et al. v. TIM KECK, Interim Secretary of Kansas Department for Aging and Disability Services, and MIKE DIXON, Clinical Program Director of the Kansas Sexual Predator Treatment Program, Case No. 6:14-cv-01356-JTM-KGG (D. Kan.). The action is dismissed for failure to state a claim upon which relief can be granted, according to the Court's memorandum and order. The Plaintiffs' motion to certify class is denied as moot. The Plaintiffs are more than 20 individuals, who have been involuntarily committed to the custody of the state of Kansas pursuant to the Kansas Sexually Violent Predator Act. Their First Amended Complaint alleges that the Defendants are violating their right to due process under the Fourteenth Amendment by failing to provide minimally adequate treatment, by denying less restrictive confinement alternatives, and by subjecting them to conditions that amount to punishment. A copy of the Memorandum and Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=lPw4GEjs KATE SPADE: Faces "Butler" Suit Over Sale to Coach Inc. ------------------------------------------------------- DENNIS P. BUTLER, individually and on behalf of all others similarly situated, Plaintiff, vs. KATE SPADE & COMPANY, Defendant, Case No. 2017-0499 (Del. Ch., July 10, 2017), is an action under Section 220 of the Delaware General Corporation Law, by a stockholder of Kate Spade & Company, seeking to enforce his right to inspection of books and records in order to determine whether wrongdoing or mismanagement has taken place such that it would be appropriate to file claims for breach of fiduciary duty, and to investigate the independence and disinterestedness of the Company's directors generally and with respect to the Company's proposed acquisition by Coach, Inc. and Chelsea Merger Sub Inc. The Company operates principally under two global, multichannel lifestyle brands: Kate Spade New York and Jack Spade.[BN] The Plaintiff is represented by: Samuel H. Rudman, Esq. Mark S. Reich, Esq. Samuel J. Adams, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 58 South Service Road, Suite 200 Melville, NY 11747 Phone: (631) 367-7100 - and - David T. Wissbroecker, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Phone: (619) 231-1058 - and - W. Scott Holleman, Esq. JOHNSON & WEAVER LLP 600 West Broadway, Suite 1540 San Diego, CA 92101 Phone: (619) 230-0063 - and - Peter B. Andrews, Esq. Craig J. Springer, Esq. David M. Sborz, Esq. ANDREWS & SPRINGER LLC 3801 Kennett Pike Building C, Suite 305 Wilmington, DE 19807 Phone: (302) 504-4957 KING PLASTIC: "Fusic" Suit Seeks to Recover Wages & OT Under FLSA ----------------------------------------------------------------- THOMAS FUSIC, on behalf of himself and others similarly situated v. KING PLASTIC CORPORATION, a Florida Profit Corporation, and CHRIS K. WHITAKER, Individually, Case No. 2:17-cv-00390-UA-CM (M.D. Fla., July 12, 2017), seeks to recover alleged unpaid overtime wages, minimum wages, liquidated damages and attorney's fees and costs pursuant to the Fair Labor Standards Act. King Plastic Corporation is a Florida Profit Corporation with a principal place of business located in North Port, Florida. The Defendant is an enterprise engaged in the "production of goods for commerce" within the meaning of the FLSA.[BN] The Plaintiff is represented by: Bill B. Berke, Esq. BERKE LAW FIRM, P.A. 4423 Del Prado Blvd. S. Cape Coral, FL 33904 Telephone: (239) 549-6689 E-mail: berkelaw@yahoo.com KIRSCHENBAUM & PHILLIPS: Faces "Miller" Suit in E.D.N.Y. -------------------------------------------------------- A class action lawsuit has been filed against Kirschenbaum & Phillips, PC. The case is styled as Avraham Miller, on behalf of himself and all other similarly situated consumers, Plaintiff v. Kirschenbaum & Phillips, PC, Defendant, Case No. 1:17-cv-04475 (E.D.N.Y., July 30, 2017). Kirschenbaum and Phillips is a collection agency.[BN] The Paintiff is represented by: Igor B Litvak, Esq. The Law Office of Igor Litvak 1701 Avenue P Brooklyn, NY 11229 Tel: (646) 796-4905 Fax: (718) 408-9570 Email: igorblitvak@gmail.com LAKE FORK RV: "Thigpen" Claims Misclassification, Seek OT Pay ------------------------------------------------------------- Danny Thigpen, Tad White and Justin Corwin, on behalf of themselves and all others similarly situated, Plaintiffs v. Lake Fork RV & Auto, Inc., Marilyn Ballard and Shawn Ballard, individually, Defendants, Case No. 6:17-cv-00410 (E.D. Tex., July 12, 2017), seeks to recover overtime compensation, liquidated damages, attorney's fees, litigation costs, costs of court, prejudgment and post-judgment interest under the provisions of the Fair Labor Standards Act of 1938. Defendants construct mobile homes branded Park Model Homes and Tiny Homes for sale and delivery across the United States. Plaintiff worked as hourly workers for the Defendants but claims to be classified as an independent contractor. [BN] Plaintiff is represented by: Douglas B. Welmaker, Esq. DUNHAM & JONES, P.C. 1800 Guadalupe Street Austin, TX 78701 Tel: (512) 777-7777 Fax: (512) 340-4051 E-Mail: doug@dunhamlaw.com LG ELECTRONICS: Faces "Kao" Consumer Suit Over Refrigerator Model ----------------------------------------------------------------- CYNTHIA KAO, individually and on behalf of those similarly situated, Plaintiff, vs. LG ELECTRONICS U.S.A., INC., Defendant, Case No. 8:17-cv-01181 (C.D. Cal., July 12, 2017), alleges misrepresentations through omission and failure to honor warranties with respect to Defendant's LG's refrigerator Model No. LFX31945ST, refrigerators with its Slim SpacePlus(TM) Ice System, and/or its Smart Cooling Plus System. The case alleges violation of the Consumer Legal Remedies Act, unlawful business practices in violation of California Business & Professions Code, false & misleading advertising in violation of the California Business & Professions Code, breach of express warranty, breach of Consumer Warranty Act, California Civil Code, and violations of the Magnuson-Moss Warranty Act. Defendant is in the business of manufacturing, producing, distributing, and/or selling refrigerators throughout the United States under the brand name LG Electronics.[BN] The Plaintiff is represented by: Robert W. Thompson, Esq. Kathleen M. Hartman, Esq. Jimmy T. Nguyen, Esq. CALLAHAN, THOMPSON, SHERMAN & CAUDILL, LLP 2601 Main Street, Suite 800 Irvine, CA 92614 Phone: (949) 261-2872 Fax: (949) 261-6060 Email: rthompson@ctsclaw.com khartman@ctsclaw.com jnguyen@ctsclaw.com LOUIS VUITTON: "Navarrete" Sues Over Missed Breaks, Unpaid OT ------------------------------------------------------------- Asuncion Navarrete, on behalf of herself and all others similarly situated, Plaintiffs, v. Louis Vuitton U.S. Manufacturing, Inc., and Does 1 through 100, inclusive, Defendants, Case No. BC667893 (Cal. Super., July 11, 2017), seeks unpaid wages and interest thereon for failure to pay for all hours worked and minimum wage rate, failure to authorize or permit required meal periods, failure to authorize or permit required rest periods, statutory penalties for failure to provide accurate wage statements, 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, costs and interest under California Labor Code, Unfair Competition Law of the California Business and Professions Code and applicable Industrial Welfare Commission Wage Orders. Defendant is engaged in the business of manufacturing leather goods with its principal place of business in Los Angeles where Navarrete worked as a production associate. [BN] Plaintiff is represented by: Michael Nourmand, Esq. THE NOURMAND LAW FIRM, APC 8822 West Olympic Boulevard Beverly Hills, CA 90211 Tel: (310) 553-3600 Fax: (310) 553-3603 - and - Mehrdad Bokhour, Esq. BIBIYAN & BOKHOUR, P.C. 287 S. Robertson Blvd., Suite 303 Beverly Hills, CA 90211 Tel: (310) 438-5555 Fax: (310) 300-1705 MACY'S CREDIT: Clark Moves to Certify TCPA Class and Subclass ------------------------------------------------------------- The Plaintiff in the lawsuit entitled DEBORAH CLARK, individually and on behalf of all others similarly situated v. MACY'S CREDIT AND CUSTOMER SERVICES, INC., Case No. 6:17-cv-00692-CEM-TBS (M.D. Fla.), asks the Court to certify the class and subclass of similarly situated persons: Class: (1) All persons in the United States (2) to whose cellular telephone number (3) Defendant placed a non-emergency telephone call (4) using substantially the same system(s) that were used to telephone Plaintiff (5) within 4 years of the complaint, and (6) where Macy's did not obtain the cellular telephone number from the consumer who was called. Sub-Class: (1) All persons in the United States (2) to whose cellular telephone number (3) Defendant placed a non-emergency telephone call (4) using substantially the same system(s) that were used to telephone Plaintiff (5) within 4 years of the complaint, and (6) after that person had instructed Macy's to cease calls to that number. Excluded from this class are any claims that were previously released. The case arises from Macy's alleged use of prohibited technology (an "automatic telephone dialing system") to place debt collection calls to people who, like the Plaintiff, have told Macy's that they are the wrong number and to stop calling. The Plaintiff contends that Macy's conduct violates the Telephone Consumer Protection Act, which prohibits such robocalls to cellular telephone numbers without prior express consent. Because the discovery in the case is in its infancy, if the Court cannot certify the Class at this time, the Plaintiff asks that the Court "order postponement of the determination pending additional discovery" sought in the motion to compel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=wPIbrmDk The Plaintiff is represented by: Keith J. Keogh, Esq. KEOGH LAW, LTD 55 West Monroe Street, Suite 3390 Chicago, IL 60603 Telephone: (312) 726-1092 Facsimile: (312) 726-1093 E-mail: Keith@KeoghLaw.com - and - William Peerce Howard, Esq. Amanda J. Allen, Esq. THE CONSUMER PROTECTION FIRM 210 A-South MacDill Ave. Tampa, FL 33609 Telephone: (813) 500-1500 E-mail: Billy@TheConsumerProtectionFirm.com Amanda@TheConsumerProtectionFirm.com MEDICAL TRANSPORTATION: "Harris" Seeks Minimum, Overtime Wages -------------------------------------------------------------- Isaac Harris, Darnell Frye and Leo Franklin, individually and on behalf of all similarly situated, Plaintiffs, v. Medical Transportation Management, Inc., Defendant, Case No. 1:17-cv-01371 (D.C., July 13, 2017), seeks unpaid wages with liquidated damages, penalties, treble damages, post-judgment interest at the statutory rate, attorneys' fees, costs and disbursements and further legal and equitable relief under the Fair Labor Standards Act, Columbia's Minimum Wage Act, Living Wage Act and Wage Payment and Collection Law, D.C. Medical Transportation Management is into non-emergency medical transportation of individuals receiving Medicaid to and from their various health care appointments. Plaintiffs worked for the Defendants as drivers. [BN] Plaintiff is represented by: Joseph M. Sellers, Esq. Miriam R. Nemeth, Esq. COHEN MILSTEIN SELLERS & TOLL, PLLC 1100 New York Ave. NW, Fifth Floor Washington, DC 20005 Telephone: (202) 408-4600 Email: jsellers@oohenmilstein.com mnemeth@cohenmilstein.com - and - Michael T. Kirkpatrick, Esq. Patrick D. Llewellyn, Esq. PUBLIC CITIZEN LITIGATION GROUP 1600 20th Street NW Washington, DC 20009 Telephone (202) 588-1000 Email: mkirkpatrick@citizen.org pllewellyn@citizen.org MIDLAND CREDIT: "Amzallag" Consumer Suit Alleges FDCPA Violation ---------------------------------------------------------------- AREK AMZALLAG, on behalf of himself and all others similarly situated, Plaintiffs, against MIDLAND CREDIT MANAGEMENT INC., Defendant, Case No. 1:17-cv-04098 (E.D.N.Y., July 10, 2017), was filed on behalf of a class of New York consumers seeking redress for Defendant's illegal practices, in connection with the collection of a debt allegedly owed by Plaintiff in violation of the Fair Debt Collection Practices Act. The case alleges, among others, that Defendant's communication to Plaintiff to collect debt fails to disclose information required by law. Defendant is a collection agency with its principal office located in San Diego, California.[BN] The Plaintiff is represented by: Joseph H. Mizrahi, Esq. JOSEPH H. MIZRAHI LAW, P.C. 337 Avenue W, Suite 2F Brooklyn, NY 11223 Phone: (917) 299-6612 Fax: (347) 665-1545 Email: Jmizrahilaw@gmail.com MIRSAD LEKIC: "Grzybowski" Seeks Return of Withheld Tips -------------------------------------------------------- Dominik Grzybowski, on behalf of himself and Class Members, Plaintiff, v. Mirsad Lekic and Christopher Miller, Defendants, Case No. 156204/2017 (N.Y. Sup., July 10, 2017), seeks unpaid minimum wages due to invalid tip credit, liquidated damages and statutory penalties and attorneys' fees and costs pursuant to New York Labor Law. Defendants operate two restaurants, Four Cuts Steakhouse, located at 1076 First Avenue, New York, New York 10022 and Il Valentino Osteria, located at 1078 First Avenue, New York, New York 10022. Plaintiff worked at the two restaurants as a bartender. He alleges that the Defendants implemented an illegal tip credit. [BN] Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 30 East 39th Street, Second Floor New York, NY 10016 Tel: (212) 465-1188 Fax: (212) 465-1181 MOBILE MARKETING: Tucker Sues Over Unpaid Overtime Wages -------------------------------------------------------- Nathan Tucker, on behalf of himself and all others similarly situated, Plaintiff, v. Mobile Marketing Solutions, Inc. d/b/a Brewco Marketing Group, Defendant, Case No. 4:17-cv-00088 (W.D. Ky., July 10, 2017), seeks to recover unpaid overtime wages owed by Defendant pursuant to the Fair Labor Standards Act and the Kentucky Wage Statutes. Brewco is into experiential marketing, specializing in mobile tours, event marketing, and product sampling. Brewco has manufacturing shops in Central City, KY, where Plaintiff was employed as a Fabricator from sometime in 2014 or 2015 to March 2017. Brewco allegedly misclassified Plaintiff as an independent contractor. [BN] Plaintiff is represented by: David W. Garrison, Esq. Joshua A. Frank, Esq. BARRETT JOHNSTON MARTIN &GARRISON, LLC Bank of America Plaza 414 Union Street, Suite 900 Nashville, TN 37219 Telephone: (615) 244-2202 Facsimile: (615) 252-3798 Email: dgarrison@barrettjohnston.com jfrank@barrettjohnston.com - and - J. Chris Sanders, Esq. CHRIS SANDERS LAW PLLC 517 West Ormsby Avenue Louisville, KY 40203 Telephone: (502) 814-0094 Email: csanders@chrissanderslaw.com NATIONAL ASSOCIATION: Faces "Picha" Suit Alleging TCPA Violation ---------------------------------------------------------------- KENNETH PICHA, individually and on behalf of all others similarly situated, Plaintiff, v. NATIONAL ASSOCIATION FOR MEDICAL AND DENTAL, INC. and HEALTHCARE NATIONAL MARKETING, INC., Defendants, Case No. 3:17-cv-01400-BEN-BLM (S.D. Cal., July 11, 2017), results from the alleged illegal action of Defendants in negligently, knowingly, and/or willfully contacting Plaintiff on Plaintiff's cellular telephone, in violation of the Telephone Consumer Protection Act, thereby invading Plaintiff's privacy. NATIONAL ASSOCIATION FOR MEDICAL AND DENTAL, INC. is a resource for health and dental information.[BN] The Plaintiff is represented by: Abbas Kazerounian, Esq. KAZEROUNI LAW GROUP, APC 245 Fischer Avenue, Unit D1 Costa Mesa, CA 92626 Phone: (800) 400-6808 Fax: (800) 520-5523 Email: ak@kazlg.com NATIONAL FOOTBALL: Court Tosses Cheerleaders' Class Action ---------------------------------------------------------- Nicholas Iovino, writing for Courthouse News Service, reported that The National Football League has defeated an antitrust class action claiming it conspired with 27 teams to suppress cheerleaders' wages and restrict their mobility. In a ruling, U.S. District Judge William Alsup refused to let plaintiff Kelsely K., who cheered for the San Francisco 49ers in 2013, file an amended complaint. Alsup found her proposed amendments failed to plausibly allege an antitrust conspiracy, just as he found in a ruling dismissing the lawsuit in May. The judge found the proposed complaint failed to cite actual evidence for allegations that NFL teams colluded to keep cheerleaders' wages low. "The proposed amendment . . . rests solely on a theory of parallel conduct, i.e., that all clubs must have acted in concert because they all paid below what, according to the proposed amendment, cheerleaders' services were worth," Alsup wrote in his 11-page ruling. The lead plaintiff says NFL teams paid cheerleaders as little as $90 to $125 per game with no compensation for other required activities, until a rash of recent labor suits raised most cheerleaders' pay to at least minimum wage. Alsup also found allegations of a "no poaching agreement" among teams implausible, given that an NFL policy expressly forbids such conduct. While the league bans recruiting other teams' employees when they are under contract, another policy bars interfering with an employee's ability to seek employment with another team while in between contracts. Despite that policy, the plaintiff insists that no team has ever hired another club's cheerleader, which serves as proof of a "no poaching" pact among the NFL teams. But Alsup found the mere fact that no team has hired another club's cheerleader does not by itself support a theory of collusion. "Is it proof of a conspiracy? No, it is not, at least in the absence of well-pled facts showing a need for clubs to poach in the first place," Alsup wrote in his ruling. The judge said it's possible that NFL clubs have never had to lure away cheerleaders from other teams because "sufficient local cheerleader talent" exists in their respective geographic regions. Turning to claims that cheerleaders' wages have not "skyrocketed" at the same pace as NFL revenue and salaries for players, executives and coaches, Alsup found the cheerleaders failed to explain why their salaries should swell at that pace. "The proposed amendment alleges nothing to suggest that cheerleaders have made the same contributions as have players, executives, and coaches in causing the NFL to flourish," Alsup wrote. He also found lead plaintiff Kesley K. failed to demonstrate how she personally suffered an antitrust injury. Kelsey said the director of the 49ers cheerleading team "caused to be communicated" to her that if she was not rehired as a 49ers cheerleader, she could not try out for another NFL team. After she was turned away at the end of the 2013 season, Kelsey says she didn't try out for another team -- like the then-Oakland Raiders - - even though she wanted to. Alsup found those allegations were missing a lot of key facts, such as how the message that she was not allowed to try out for other teams was conveyed, why she could not try out for other teams, and why she did not attempt to try out for another team. "The peculiar phrasing of the allegation makes it impossible to infer any reason why it was not wholly plaintiff's own decision to not tryout for another club after the 49ers declined to re-hire her," Alsup wrote in his ruling. Alsup said he warned the plaintiff to "be sure to plead her best case" in any proposed amended complaint. "Her proposed amendment, however, still fails to plead factual allegations supporting any plausible claim for relief," Alsup wrote. Alsup denied the motion for leave to file an amended complaint as futile and issued judgment in favor of the NFL. The NFL's corporate office in New York and attorneys for the lead plaintiff and NFL teams did not immediately return phone calls seeking comment. The lead plaintiff is represented by Thomas O'Brien of Bradshaw Associates in San Francisco. The NFL and its 27 teams are represented by Sonya Winner of Covington & Burling in San Francisco. Five of the NFL's 32 clubs were left out of the lawsuit because they do not employ cheerleaders. NATIONSTAR MORTGAGE: Court Refuses to Certify "Hoffman" Suit ------------------------------------------------------------ The Hon. Mary S. Scriven denied the Hoffmans' motion for class certification submitted in the lawsuit titled MARK HOFFMAN, individually and on behalf of all others similarly situated and DIANE HOFFMAN, individually and on behalf of all others similarly situated v. NATIONSTAR MORTGAGE, LLC, Case No. 8:15-cv-01673-MSS- AEP (M.D. Fla.). Because the Hoffmans have not satisfied the necessary requirements for certification of a class action under Rule 23 of the Federal Rules of Civil Procedure, the Motion is denied and their action is not certified as a class action, Judge Scriven opined. The Hoffmans, individually and on behalf of all others similarly situated, filed the putative class action pursuant to the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act, alleging that the Defendant violated the Acts by contacting them on their home telephone in an attempt to collect on their alleged mortgage debt when the Defendant was aware that the Hoffmans were represented by legal counsel in connection with the alleged mortgage debt. "The Hoffmans' Motion is as bareboned a motion for class certification as the Court has seen. Even a cursory review of the Amended Complaint and a review of the factual history of this action show clear failings and render this matter inappropriate for a class action," Judge Scriven said. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=z0WNKKxd NAYNME INC: Website Inaccessible to the Blind, Kiler Claims ------------------------------------------------------------ Marion Kiler, on behalf of herself and all others similarly situated, Plaintiff, v. Naynme, Inc., Defendant, Case No. 513313/2017 (N.Y. Sup., July 10, 2017), seeks compensatory damages including all applicable statutory damages and fines, for violations of New York State Human Rights Law and City Law, reasonable attorneys' fees, expenses and costs of suit, prejudgment and post-judgment interest and such other and further relief under the Americans with Disabilities Act. Naynme, Inc. operates Daniella's Steakhouse a restaurant located at 670 State Fair Blvd., Syracuse, NY 13209. To complement its good and services, it operates a website www.Daniellassteakhouse.com. Plaintiff alleges that it is inaccessible to the blind such as himself. [BN] Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 30 East 39th Street, Second Floor New York, NY 10016 Tel: (212) 465-1188 Fax: (212) 465-1181 NORTHERN TRUST: Ninth Circuit Appeal Filed in "Banks" Class Suit ---------------------------------------------------------------- Plaintiffs Lindie L. Banks and Erica LeBlanc filed an appeal from a court ruling in their lawsuit entitled Lindie Banks, et al. v. Northern Trust Corporation, et al., Case No. 2:16-cv-09141-JFW-JC, in the U.S. District Court for the Central District of California, Los Angeles. As previously reported in the Class Action Reporter on July 21, 2017, the Hon. Judge John F. Walter entered an order: 1. granting Defendants' motion to dismiss; 2. dismissing Plaintiffs' first amended complaint without leave to amend and dismissing the action with prejudice; and 3. denying Plaintiffs motion for class certification as moot. A copy of the Civil Minutes is available at no charge at http://d.classactionreporternewsletter.com/u?f=W9Y29LhJ The appellate case is captioned as Lindie Banks, et al. v. Northern Trust Corporation, et al., Case No. 17-56025, in the United States Court of Appeals for the Ninth Circuit. The briefing schedule in the Appellate Case is set as follows: -- Appellants Lindie L. Banks and Erica LeBlanc's opening brief is due on December 27, 2017; -- Appellees Northern Trust Company and Northern Trust Corporation's answering brief is due on January 26, 2018; and -- Appellant's optional reply brief is due 21 days after service of the answering brief.[BN] Plaintiffs-Appellants LINDIE L. BANKS, individually and on behalf of all others similarly situated, and ERICA LEBLANC are represented by: Thomas John Brandi, Esq. Brian J. Malloy, Esq. LAW OFFICES OF THOMAS J. BRANDI 354 Pine St., Third Floor San Francisco, CA 94104 Telephone: (415) 989-1800 Facsimile: (415) 989-1801 E-mail: tjb@brandilaw.com bjm@brandilaw.com - and - Derek G. Howard, Esq. DEREK G. HOWARD LAW FIRM, INC. 42 Miller Avenue Mill Valley, CA 94941 Telephone: (415) 432-7192 Facsimile: (415) 524-2419 E-mail: derek@derekhowardlaw.com Defendants-Appellees NORTHERN TRUST CORPORATION and NORTHERN TRUST COMPANY are represented by: Kenneth K. Lee, Esq. JENNER & BLOCK LLP 633 West 5th Street Los Angeles, CA 90071 Telephone: (213) 239-5152 E-mail: klee@jenner.com - and - Craig C. Martin, Esq. JENNER & BLOCK LLP 353 N. Clark Street Chicago, IL 60654 Telephone: (312) 923-2776 Facsimile: (312) 840-7776 E-mail: cmartin@jenner.com NORTHLAND GROUP: Class Certification Sought in "Martin" Suit ------------------------------------------------------------ Crystal Martin and Morgan Ottman move the Court to certify the class described in the complaint of the lawsuit styled CRYSTAL MARTIN and MORGAN OTTMAN, Individually and on Behalf of All Others Similarly Situated v. NORTHLAND GROUP, INC., Case No. 2:17-cv- 00979-LA (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 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 Plaintiffs are obligated to move for class certification to protect the interests of the putative class, the Plaintiffs 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 assert. The Plaintiffs also ask to be appointed as class representatives, 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=Azn9zpxo 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 NRC NATIONS: Faces "Mustafaev" Suit in E.D.N.Y. ----------------------------------------------- A class action lawsuit has been filed against NRC Nations Recovery Center. The case is styled as Marlen Mustafaev, on behalf of himself and all other similarly situated consumers, Plaintiff v. NRC Nations Recovery Center, Defendant, Case No. 1:17-cv-04473 (E.D. N.Y., July 29, 2017). Nations Recovery Center is a collection agency that has been in business since 1991.[BN] The Plaintiff is represented by: Igor B Litvak, Esq. The Law Office of Igor Litvak 1701 Avenue P Brooklyn, NY 11229 Tel: (646) 796-4905 Fax: (718) 408-9570 Email: igorblitvak@gmail.com OC COMMUNICATIONS: Soto Moves to Certify Technicians, Send Notice ----------------------------------------------------------------- The Plaintiffs in the lawsuit styled DESIDERO SOTO and STEVEN STRICKLEN, on behalf of themselves and all others similarly situated v. O.C. COMMUNICATIONS, INC., Case No. 3:17-cv-00251-VC (N.D. Cal.), move the Court, pursuant to 29 U.S.C. Section 216(b) of the Fair Labor Standards Act, for conditional certification to proceed as a collective action and facilitate notice. Specifically, the Plaintiffs seek to notify: All current and former non-exempt hourly employees of OCC working as Technicians throughout the United States from January 18, 2014, until the resolution of this action. The lawsuit concerns OCC's alleged violation of Federal and California labor laws. Throughout the relevant time period, OCC eschewed its obligations under the FLSA by not paying the Plaintiffs and proposed Collective members proper wages, including minimum and overtime wages, the Plaintiffs allege. The Court will commence a hearing on August 31, 2017, at 10:00 a.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=vzKkE26f The Plaintiffs are represented by: Carolyn Hunt Cottrell, Esq. David C. Leimbach, Esq. SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 Emeryville, CA 94608 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 E-mail: ccottrell@schneiderwallace.com dleimbach@schneiderwallace.com - and - Shanon J. Carson, Esq. Sarah R. Schalman-Bergen, Esq. Camille Fundora, Esq. BERGER & MONTAGUE, P.C. 1622 Locust Street Philadelphia, PA 19103 Telephone: (215) 875-3000 Facsimile: (215) 875-4604 OCULAR THERAPEUTIX: Violates Securities Laws, "Caraker" Suit Says ----------------------------------------------------------------- DYLAN CARAKER, Individually and On Behalf of All Others Similarly Situated v. OCULAR THERAPEUTIX, INC., AMARPREET SAWHNEY, GEORGE MIGAUSKY, ANDREW HURLEY, and ERIC ANKERUD, Case No. 2:17-cv-05095 (D.N.J., July 12, 2017), alleges violations of the Securities Exchange Act of 1934. The federal securities class action is brought on behalf of a class of those who purchased or otherwise acquired Ocular securities between May 5, 2017, through July 6, 2017, both dates inclusive, seeking to recover damages caused by the Defendants' alleged violations of the Exchange Act. Ocular was founded in 2006 and is headquartered in Bedford, Massachusetts. Ocular, a biopharmaceutical company, focuses on the development and commercialization of therapies for diseases and conditions of the eye using its proprietary hydrogel platform technology in the United States. The Company's lead product is DEXTENZA, which is in Phase III clinical trial for the treatment of post-surgical pain and inflammation, allergic conjunctivitis; and in Phase II clinical trial for the treatment of inflammatory dry eye disease. The Individual Defendants are directors and officers of the Company.[BN] The Plaintiff is represented by: Bruce D. Greenberg, Esq. LITE DEPALMA GREENBERG, LLC 570 Broad Street, Suite 1201 Newark, NJ 07102 Telephone: (973) 623-3000 Facsimile: (973) 623-0858 E-mail: bgreenberg@litedepalma.com - and - Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. Hui M. Chang, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (212) 661-8665 E-mail: jalieberman@pomlaw.com ahood@pomlaw.com hchang@pomlaw.com - and - Patrick V. Dahlstrom, Esq. POMERANTZ LLP 10 South La Salle Street, Suite 3505 Chicago, IL 60603 Telephone: (312) 377-1181 Facsimile: (312) 377-1184 E-mail: pdahlstrom@pomlaw.com ONE MEDICAL GROUP: Kiler Sues Over Blind Inaccessible Website ------------------------------------------------------------- Marion Kiler, on behalf of herself and all others similarly situated, Plaintiff, v. One Medical Group, P.C., Defendant, Case No. 513306/2017 (N.Y. Sup., July 10, 2017), seeks compensatory damages including all applicable statutory damages and fines, for violations of New York State Human Rights Law and City Law, reasonable attorneys' fees, expenses and costs of suit, prejudgment and post-judgment interest and such other and further relief under the Americans with Disabilities Act. Onemedical.com is a service and benefit offered by One Medical in New York State, owned, controlled and/or operated by the One Medical Group. The online website allows the user to make an appointment, find a doctor and perform a variety of other functions. Plaintiff alleges that it is inaccessible to the blind such as himself. [BN] Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 30 East 39th Street, Second Floor New York, NY 10016 Tel: (212) 465-1188 Fax: (212) 465-1181 PATRIOT DRILLING: "Serrette" Sues Under FLSA, Ohio, Pa. Wage Laws ----------------------------------------------------------------- JOSHUA SERRETTE and TIMOTHY HEMPHILL, individually and on behalf of all others similarly situated, Plaintiffs, v. PATRIOT DRILLING FLUIDS, Q'MAX SOLUTIONS, Q'MAX AMERICA, INC., Defendants, Case No. 2:17-cv-00914-AJS (W.D. Pa., July 11, 2017), alleges that Plaintiffs and the other workers like them regularly worked for Defendants in excess of forty (40) hours each week, but these workers never received overtime for hours worked in excess of forty (40) hours in a single workweek. Instead of paying overtime as required by the Fair Labor Standards Act, the Ohio Minimum Fair Wage Standards Act and the Ohio Prompt Pay Act, and the Pennsylvania Minimum Wage Act, Defendants improperly classified Plaintiffs and those similarly situated workers as independent contractors and paid them a daily rate with no overtime compensation. Defendants are an oil and natural gas exploration and production company. Plaintiffs worked for Defendants as mud engineers.[BN] The Plaintiffs are represented by: Joshua P. Geist, Esq. GOODRICH & GEIST, P.C. 3634 California Ave. Pittsburgh, PA 15212 Phone: (412) 766-1455 Fax: (412)766-0300 Email:josh@goodrichandgeist.com - and - Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. Lindsay R. Itkin, Esq. Jessica M. Bresler, Esq. JOSEPHSON DUNLAP LAW FIRM 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Phone: 713-352-1100 Fax: 713-352-3300 Email: mjosephson@mybackwages.com Email: adunlap@mybackwages.com Email: litkin@mybackwages.com Email: jbresler@mybackwages.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH, P.L.L.C. 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Phone: 713-877-878 Fax: 713-877-8065 Email: rburch@brucknerburch.com PINCHERS CRAB: "Andrews" Suit Alleges Illegal Tip Crediting ----------------------------------------------------------- Christine Andrews, on behalf of herself and those similarly situated, Plaintiff, v. Pinchers Crab Shack of Naples, Inc., a Florida Profit Corporation, Defendant, Case No. 2:17-cv-00389 (Fla. Cir., July 12, 2017), seeks to recover minimum wages, liquidated damages and reasonable attorneys' fees and costs under the Fair Labor Standards Act. Plaintiff worked as a bartender at Defendant's "Pinchers" Bar located at 1200 05th Avenue South, Naples, Florida 34102. Defendants are alleged of applying a tip credit to its employees, thus rendering their pay below mandated minimum wages. [BN] Plaintiff is represented by: Angeli Murthy, Esq. MORGAN & MORGAN, PA Suite 400, 600 N Pine Island Rd. Plantation, FL 33324 Tel: (954) 967-5377 Fax: (954) 327-3016 Email: amurthy@forthepeople.com POKEMON COMPANY: Property Owners Agree to Dismiss Nuisance Suit --------------------------------------------------------------- Nicholas Iovino, writing for Courthouse News Service, reported that Property owners have dropped their class action against Pokemon, abandoning claims that the Pokemon Go game encouraged players to trespass on private property; only Niantic remains as a defendant. Lead plaintiff Jeffery Marder of New Jersey sued Niantic, Nintendo and Pokemon Co. in Federal Court one year ago. Marder said five people knocked on his door in the first week of the game's debut in July 2016, asking for permission to "catch" Pokemon in his backyard. He claimed the game makers unfairly profited from the unauthorized use of people's private property by plopping virtual characters in their real-world yards and homes without permission. The augmented reality game, a reincarnation of Nintendo's popular 1990s Gameboy franchise, uses GPS and camera functions to let players achieve goals by "catching" virtual characters in the real world. Marder and other plaintiffs filed a stipulation of voluntary dismissal, typically a sign that the suit has been settled out of court. In April, the plaintiffs voluntarily dismissed claims against Nintendo. Attorneys for Marder and Niantic did not return phone calls seeking comment. Marder alleged claims of nuisance and unjust enrichment against Niantic and the other defendants. After the game's debut, several media reports surfaced about people playing Pokemon Go in inappropriate places, including an Alabama cemetery and the Holocaust Memorial Museum in Washington, D.C. The Auschwitz-Birkenau State Museum in Poland last year banned people from playing "Pokemon Go" there, calling the behavior "disrespectful" at a site memorializing the murder of more than 1 million Jews by Nazis during World War II. In a brief filed in January, Niantic argued that the plaintiffs could not sue it for "virtually trespassing" on private property because trespass "requires unauthorized entry of a tangible object." It said it could not be sued for "inducing" people to trespass because it did not intentionally cause trespassing, and no significant harm resulted from the alleged trespassing. Niantic made nearly $1 billion from the Pokemon Go game in 2016, according to Forbes. The game had 65 million monthly active users as of April this year, according to the gaming publication IGN. In February, the mobile app marketing firm SensorTower estimated that Pokemon Go makes $1.5 to $2.5 million per day, down from its peak of $18 million per day at the height of its popularity in 2016, according to TechCrunch. Niantic is represented by Jeffrey Gutkin with Cooley LLP in San Francisco. Marder by Jeremy Lieberman with the Pomerantz firm in New York. Niantic did not return an email seeking comment. The case is, IN RE POKEMON GO NUISANCE LITIGATION, Case No. 3:16- cv-04300-JD (N.D. Cal.). Attorneys for Plaintiffs: POMERANTZ LLP Jeremy A. Lieberman Murielle J. Steven Walsh 600 Third Avenue, 20th Floor New York, New York 10016 Tel: (212) 661-1100 Fax: (917) 463-1044 Email: jalieberman@pomlaw.com mjsteven@pomlaw.com POMERANTZ LLP Jennifer Pafiti (SBN 282790) 468 North Camden Drive Beverly Hills, California 90210 Tel: (818) 532-6449 E-mail: jpafiti@pomlaw.com Attorneys for Defendant The Pokemon Company GREENBERG TRAURIG LLP Ian C. Ballon Lori Chang Nina D. Boyajian 1900 University Avenue, 5th Floor East Palo Alto, CA 94303 Telephone: (650) 328-8500 Facsimile: (650) 328-8508 E-mail: ballon@gtlaw.com changl@gtlaw.com boyajianN@gtlaw.com PINCHERS CRAB: "Andrews" Suit Alleges Illegal Tip Crediting ----------------------------------------------------------- Christine Andrews, on behalf of herself and those similarly situated, Plaintiff, v. Pinchers Crab Shack of Naples, Inc., a Florida Profit Corporation, Defendant, Case No. 2:17-cv-00389 (Fla. Cir., July 12, 2017), seeks to recover minimum wages, liquidated damages and reasonable attorneys' fees and costs under the Fair Labor Standards Act. Plaintiff worked as a bartender at Defendant's "Pinchers" Bar located at 1200 05th Avenue South, Naples, Florida 34102. Defendants are alleged of applying a tip credit to its employees, thus rendering their pay below mandated minimum wages. [BN] Plaintiff is represented by: Angeli Murthy, Esq. MORGAN & MORGAN, PA Suite 400, 600 N Pine Island Rd. Plantation, FL 33324 Tel: (954) 967-5377 Fax: (954) 327-3016 Email: amurthy@forthepeople.com PORTFOLIO RECOVERY: Faces "Mullins" Suit Over Collection Letter --------------------------------------------------------------- TIMOTHY MULLINS, individually and on behalf of all others similarly situated, Plaintiff, v. PORTFOLIO RECOVERY ASSOCIATES, LLC, a Delaware limited liability company and BLATT, HASENMILLER, LEIBSKER & MOORE, LLC, an Illinois limited liability company, Defendants, Case No. 1:17-cv-02345-SEB-DML (S.D. Ind., July 11, 2017), alleges that Defendants' form of debt collection letter violates the Fair Debt Collection Practices Act. Allegedly, Defendants' letter failed to state effectively the name of the creditor to whom the debt is owed. Defendant operates a nationwide debt collection business.[BN] The Plaintiff is represented by: David J. Philipps, Esq. Mary E. Philipps, Esq. Angie K. Robertson, Esq. PHILIPPS & PHILIPPS, LTD. 9760 S. Roberts Road, Suite One Palos Hills, IL 60465 Phone: (708) 974-2900 Fax: (708) 974-2907 Email: davephilipps@aol.com mephilipps@aol.com angiekrobertson@aol.com - and - John T. Steinkamp, Esq. PHILIPPS & PHILIPPS, LTD. 5214 S. East Street, Suite D1 Indianapolis, IN 46227 Phone: (317) 780-8300 Fax: (317) 217-1320 Emil: steinkamplaw@yahoo.com PROGRESSIVE DIRECT: Seventh Circuit Appeal Filed in "Lacy" Suit --------------------------------------------------------------- Plaintiff LaWanda C. Lacy filed an appeal from a court ruling in the lawsuit entitled LaWanda Lacy v. Progressive Direct Insurance Company, et al., Case No. 3:15-cv-50110, in the U.S. District Court for the Northern District of Illinois, Western Division. The appellate case is captioned as LaWanda Lacy v. Progressive Direct Insurance Company, et al., Case No. 17-2472, in the U.S. Court of Appeals for the Seventh Circuit. The briefing schedule in the Appellate Case is set as follows: -- Transcript information sheet is due by August 3, 2017; and -- Appellant's brief is due on or before August 29, 2017, for LaWanda C. Lacy.[BN] Plaintiff-Appellant LAWANDA C. LACY, individually and on behalf of others similarly situated, is represented by: Christopher Nicholas Cronauer BURNS, CRONAUER & BROWN, LLP 1101 DeKalb Avenue Sycamore, IL 60178 Telephone: (815) 895-8585 E-mail: nc@cronauerlaw.com Defendants-Appellees PROGRESSIVE DIRECT INSURANCE COMPANY and PROGRESSIVE UNIVERSAL INSURANCE COMPANY are represented by: George J. Tzanetopoulos, Esq. BAKER & HOSTETLER LLP 191 N. Wacker Drive Chicago, IL 60606-1901 Telephone: (312) 416-6200 Facsimile: (312) 416-6265 E-mail: gtzanetopoulos@bakerlaw.com PUTNAM INVESTMENTS: Brotherston Appeals Ruling to First Circuit --------------------------------------------------------------- Plaintiffs John Brotherston and Joan Glancy filed an appeal from a court ruling in their lawsuit titled Brotherston, et al. v. Putnam Investments, et al., Case No. 1:15-cv-13825-WGY, in the U.S. District Court for the District of Massachusetts, Boston. As previously reported in the Class Action Reporter on July 3, 2017, Judge William G. Young entered judgment for the Defendants on all remaining counts in the case. On November 13, 2015, John Brotherston and Joan Glancy, individually and on behalf of a class of similarly situated persons and the Putnam Retirement Plan, brought the class action under Section 502(a) of the Employee Retirement Income Security Act of 1974 against the Plan's fiduciaries: Putnam Investments, LLC, Putnam Investment Management, LLC, Putnam Investor Services, Inc., the Putnam Benefits Investment Committee, the Putnam Benefits Oversight Committee, and Putnam's Chief Executive Officer Robert Reynolds, for breach of the fiduciary duties of loyalty and prudence, among other violations. The appellate case is captioned as Brotherston, et al. v. Putnam Investments, et al., Case No. 17-1711, in the United States Court of Appeals for the First Circuit. The briefing schedule in the Appellate Case is set as follows: -- Docketing Statement is due on August 3, 2017; -- Transcript Report/Order form is due August 3, 2017; and -- Appearance form is due on August 3, 2017.[BN] Plaintiffs-Appellants JOHN BROTHERSTON, individually and as representative of a class of similarly situated persons, and on behalf of the Putnam Retirement Plan, and JOAN GLANCY, individually and as representative of a class of similarly situated persons, and on behalf of the Putnam Retirement Plan, are represented by: Carl Engstrom, Esq. James Kaster, Esq. Brandon McDonough, Esq. Kai Heinrich Richter, Esq. Jacob T. Schutz, Esq. NICHOLS KASTER PLLP 80 S 8th St., Suite 4600 Minneapolis, MN 55402 Telephone: (612) 256-3233 E-mail: cfengstrom@nka.com jhkaster@nka.com bmcdonough@nka.com krichter@nka.com jtschultz@nka.com - and - Jason Mathew Leviton, Esq. Bradley Vettraino, Esq. Jacob A. Walker, Esq. BLOCK & LEVITON LLP 155 Federal St., Suite 400 Boston, MA 02110-0000 Telephone: (617) 398-5600 E-mail: jason@blockesq.com bradley@blockesq.com jacob@blockesq.com Defendants-Appellees PUTNAM INVESTMENTS, PUTNAM BENEFITS INVESTMENT COMMITTEE D, ROBERT REYNOLDS, PUTNAM INVESTMENT MANAGEMENT LLC, PUTNAM INVESTOR SERVICES, INC., PUTNAM BENEFITS ADMINISTRATION COMMITTEE, ELLEN NEARY and PUTNAM BENEFITS OVERSIGHT COMMITTEE are represented by: James R. Carroll, Esq. Eben P. Colby, Esq. Michael S. Hines, Esq. SKADDEN ARPS SLATE MEAGHER & FLOM LLP 500 Boylston St., 23rd Floor Boston, MA 02116-0000 Telephone: (617) 573-4800 E-mail: james.carroll@skadden.com eben.colby@skadden.com michael.hines@skadden.com - and - Raoul D. Kennedy, Esq. SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 525 University Ave. Palo Alto, CA 94301 Telephone: (650) 470-4550 E-mail: raoul.kennedy@skadden.com RAMELLI GROUP: Court Certifies Employees Class in "Escobar" Suit ---------------------------------------------------------------- The Hon. Jane Triche Milazzo granted the motion to certify a collective action pursuant to the Fair Labor Standards Act filed by Darwin Escobar, Rigoberto Garcia, Selvin A. Portillo, Gustavo A. Reyes Ramirez, and Selvin Vasquez in their lawsuit titled DARWIN ESCOBAR, et al., individually and on behalf of all others similarly situated v. RAMELLI GROUP, L.L.C., et al., Case No. 2:16-cv-15848-JTM-JCW (E.D. La.). The Court conditionally certified the Plaintiffs' Complaint to proceed as a collective action, defining this class: All individuals who were employed by Ramelli Group, L.L.C., Ramelli Janitorial, Inc., Robert C. Ramelli, K.C. Staffing L.L.C. and/or K.C. Staffing Solutions, L.L.C. as landscape laborers paid by the hour during any workweek from October 26, 2013 through the time notice of this action is provided. In her order and reasons, Judge Milazzo ordered the Defendants to provide the Plaintiffs in a computer-readable data file with the names, current or last known addresses, e-mail addresses, and telephone numbers of potential collective action plaintiffs within 14 days of the filing of this Order. A copy of the Order and Reasons is available at no charge at http://d.classactionreporternewsletter.com/u?f=GsFlYoE2 RELIABLE EXPRESS: "McMillan" Claims Misclassification of Couriers ----------------------------------------------------------------- RANDY MCMILLAN, MICHAEL DAVIS, EMIKLAJD ZEQAJ, TASHA MARTIN, KEVIN KOEHLER, DANIEL JASO, CHRISTOPHER THOMAS, DWAYNE WILLIAMS, ROBERTJACKSON, MARLON BUTLER, MICHAEL DANIELS, JOHN RANSUM, VICTOR M. ARROCHA, SOLOMON SMITH, JR., DAVID MARTINEZ, CALVIN DANIELS, and ANGEL DE JESUS SALINAS, Plaintiffs, v. RELIABLE EXPRESS TRANSPORT, INC., UNITED DELIVERY SERVICE, LTD., and JOHN CASTALDO, Defendants, Case No. 1:17-cv-05161 (N.D. Ill., July 12, 2017), arises from Defendants' alleged misclassification of Plaintiffs as independent contractors rather than employees. The case raises claims under the Fair Labor Standards Act, the Illinois Wage Payment and Collection Act, and the Illinois Minimum Wage Law. Defendants operate a package delivery company. Plaintiffs worked for Defendants as couriers.[BN] The Plaintiff is represented by: Matthew J. Piers, Esq. Christopher J. Wilmes, Esq. HUGHES, SOCOL, PIERS, RESNICK &DYM, LTD. 70 W. Madison St., Suite 4000 Chicago, IL 60602 Phone: 312-580-0100 REVOLUTION DARTS: Faces "Riggle" Suit Alleging FLSA Violation ------------------------------------------------------------- CATHERINE F. RIGGLE and ELISE M. MINNICK, on behalf of themselves and all others similarly situated, Plaintiffs, v. THE REVOLUTION DARTS AND BILLIARDS - CENTREVILLE, LLC, THE REVOLUTION DARTS AND BILLIARDS - FAIRFAX, LLC, THE REVOLUTION DARTS AND BILLIARDS - SPRINGFIELD, LLC, ELITE RESTAURANT GROUP INC., BLANCA E. MARTELL, and ELLINA B MARTELL, Defendants, Case No. 1:17-cv-00792-CMH-IDD (E.D. Va., July 12, 2017), seeks to recover alleged unpaid overtime wages, other unlawful deductions, liquidated damages, reasonable attorney's fees and costs under the Federal Fair Labor Standards Act. Each Plaintiff worked as a bartender and cocktail waitress at the pool halls owned and operated by the Defendants.[BN] The Plaintiff is represented by: Matthew T. Sutter, Esq. SUTTER & TERPAK, PLLC 7540A Little River Turnpike, First Floor Annandale, VA 22003 Phone: 703-256-1800 Fax: 703-991-6116 E-mail: mail: matt@sutterandterpak.com Web site: http://www.sutterandterpak.com RIVERSIDE, CA: Bids to Dismiss "Garcia" Suit & to Certify Denied ---------------------------------------------------------------- The Hon. Jesus G. Bernal entered an order in the lawsuit entitled Mario Alberto Garcia v. County of Riverside, et al., Case No. 5:13-cv-00616-JGB-SP (C.D. Cal.): (1) granting in part and denying in part the Defendants' motion to dismiss the Plaintiff's fourth amended complaint; and (2) denying without prejudice the Plaintiff's motion for class certification. The Plaintiff's Fourth Amended Complaint asserts four claims: (1) violations of the Fourth Amendment under Section 1983 for wrongful incarceration; (2) violations of the Fourteenth Amendment under Section 1983 for wrongful incarceration; (3) violations of the California Constitution for wrongful incarceration; and (4) false imprisonment. He asserts his Section 1983 claims against Sheriff Lee Baca and the County, but asserts his third and fourth claims only against the latter. Altogether, the individualized inquiries inherent in identifying those persons, who have suffered a due process deprivation defeat certification at this stage, Judge Bernal stated in the civil minutes. The Court notes that this is not to foreclose the possibility of certification altogether. Judge Bernal said that the Plaintiff could, theoretically, mount sufficient evidence to establish that the County consistently subjects persons arrested pursuant to others' warrants to prolonged detentions, or that it has a policy to ignore complaints of mistaken identity even where there are obvious signs of mismatch. "As it is, Plaintiff's method for identifying class members -- which encompasses every detainee for whom the County's records reflect non-matching CII numbers and other fingerprint match identifiers -- necessarily captures even those who have not suffered a violation. And his imprecise and overbroad definition -- together with the closely related failure to show that common issues predominate -- undermines the propriety of certification at this stage," Judge Bernal opined. A copy of the Civil Minutes is available at no charge at http://d.classactionreporternewsletter.com/u?f=fC8Rqyuk ROYAL BANK OF SCOTLAND: Alpari Alleges Foreign Exchange Scam ------------------------------------------------------------ Alpari (US), LLC, on behalf of itself and all others similarly situated, Plaintiff, v. Royal Bank of Scotland (RBS) Group PLC and RBS Securities, Inc., Defendants, Case 1:17-cv-05284 (S.D. N.Y., July 12, 2017) seeks actual, consequential, statutory, and incidental losses and damages, appropriate injunctive relief, including an order prohibiting continuation of the practices complained, reasonable attorneys' fees and costs resulting from unjust enrichment, breach of duty of good faith and fair dealing, breach of contract and for violation of the Minnesota Unlawful Trade Practices Act, Minnesota Deceptive Trade Practices Act and the Minnesota Consumer Fraud Act. RBS is a currency dealer in the foreign exchange market and sells currencies through its own proprietary electronic trading platforms and through third party electronic communications networks. Plaintiff placed electronic market orders to trade a given volume of currency through RBS' proprietary platforms and other third- party network where algorithms match members' market orders with corresponding streaming prices from RBS. Plaintiff alleges that it did not receive the matched and agreed-on contract price but instead was matched with an outstanding and still valid streaming price. The trade would either be unfavorable to its position, cancelled orders or filled with worse prices. [BN] Plaintiff is represented by: Brian C. Gudmundson, Esq. Carolyn G. Anderson, Esq. ZIMMERMAN REED LLP 1100 IDS Center 80 South 8th Street Minneapolis, MN 55402 Telephone: (612) 341-0400 Email: brian.gudmundson@zimmreed.com carolyn.anderson@zimmreed.com - and - Hart L. Robinovitch, Esq. ZIMMERMAN REED LLP 14646 North Kierland Blvd., Suite 145 Scottsdale, AZ 85254 Telephone: (480) 348-6400 Email: hart.robinovitch@zimmreed.com - and - Mark J. Geragos, Esq. Ben J. Meiselas, Esq. GERAGOS & GERAGOS, P.C. Historic Engine Co. No. 28 644 South Figueroa Street Los Angeles, CA 90017-3411 Telephone: (213) 625-3900 Email: Geragos@Geragos.com RTG FURNITURE: Hankinson Seeks Prelim. Okay of Class Settlement --------------------------------------------------------------- The Plaintiffs in the lawsuit styled BENJAMIN HANKINSON, JAMES GUERRA, JEANETTE GANDOLFO, LISA PALMER, DONALD ANDERSON, and LISA PRIHODA, individually and on behalf of others similarly situated v. R.T.G. FURNITURE CORP., d/b/a Rooms To Go, RTG AMERICA, LLC, THE JEFFREY SEAMAN 2009 ANNUITY TRUST, RTG FURNITURE CORP. OF GEORGIA, d/b/a Rooms To Go, ROOMS TO GO NORTH CAROLINA CORP., d/b/a Rooms To Go, RTG FURNITURE OF TEXAS, L.P., d/b/a Rooms To Go, RTG TEXAS HOLDINGS, INC., and R.T.G. FURNITURE CORP. OF TEXAS, Case No. 9:15-cv-81139-JIC (S.D. Fla.), file their unopposed motion to conditionally certify class, preliminarily approve settlement, approve class notice, and set final fairness hearing. On May 8, 2017, with the assistance of a mediator, the parties reached an agreement on terms to settle all claims that were or could have been asserted in this litigation, as fully specified in the parties' Settlement Agreement. The settlement class is defined as: All Persons who purchased one or more ForceField Fabric or Leather Protection Plans from RTG (including all affiliates) in stores or online in the United States during the Class Period, excluding any ForceField Fabric or Leather Protection Plans that sold for $8.00 or less. Under the Agreement, each class member can opt to receive either cash -- 10% of the total amount the claimant paid for all of the ForceField Plans -- or a merchandise voucher for 45% of the total amount the claimant paid for all of the Plans, with a cap on the voucher of $125 per claimant. The cash amounts are capped at $13.5 million; if oversubscribed, the amount available to claimants decreases pro rata. There is no limit to the total dollar value or number of the vouchers, which may be combined with other offers or discounts at Rooms To Go stores, with no minimum purchase requirement. The vouchers would be non-transferrable and expire four years after the settlement is finalized. The median price of the Plans for most of the pertinent years was $49.99. The Agreement also has certain non-monetary remedies, including that RTG will include an acknowledgment for customers to sign at the point of purchase confirming that they intend to purchase all of the items listed on the sales order, which would include, where applicable, ForceField Protection Plans. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=gJQTQaU5 The Plaintiffs are represented by: Theodore J. Leopold, Esq. Leslie M. Kroeger, Esq. Diana L. Martin, Esq. COHEN MILSTEIN SELLERS & TOLL PLLC 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 Telephone: (561) 515-1400 Facsimile: (561) 515-1401 E-mail: tleopold@cohenmilstein.com lkroeger@cohenmilstein.com dmartin@cohenmilstein.com - and - Douglas J. McNamara, Esq. Eric A. Kafka, Esq. COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave. NW, Suite 500 Washington, DC 20005 Telephone: (202) 408-4600 Facsimile: (202) 408-4699 E-mail: dmcnamara@cohenmilstein.com ekafka@cohenmilstein.com Defendant R.T.G Furniture Corp. is represented by: Jamie Zysk Isani, Esq. Douglas C. Dreier, Esq. HUNTON & WILLIAMS LLP 1111 Brickell Avenue, Suite 2500 Miami, FL 33131 Telephone: (305) 810-2500 Facsimile: (305) 810-1675 E-mail: jisani@hunton.com ddreier@hunton.com - and - Walfrido J. Martinez, Esq. HUNTON & WILLIAMS LLP 200 Park Avenue New York, NY 10166 Telephone: (212) 309-1316 Facsimile: (212) 309-1100 E-mail: wmartinez@hunton.com - and - Randi Engel Schnell, Esq. Frank M. Lowrey IV, Esq. Joshua F. Thorpe, Esq. BONDURANT MIXSON & ELMORE LLP One Atlantic Center 1201 West Peachtree Street NW, Suite 3900 Atlanta, GA 30309 Telephone: (404) 881-4100 Facsimile (404) 881-4111 E-mail: flowrey@bmelaw.com schnell@bmelaw.com thorpe@bmelaw.com RUBY CORP: Nov. 20 Final Approval Hearing Set on Settlement ----------------------------------------------------------- Jim Salter, writing for Courthouse News Service, reported that federal judge on July 21 approved an $11.2 million settlement between the marital infidelity website Ashley Madison and users who sued after hackers released personal information, including financial data and details of their sexual proclivities. U.S. District Judge John Ross in St. Louis gave preliminary approval to a class action settlement that was initially announced by Toronto-based Ruby Corp., the parent company of Ashley Madison. Lawsuits from around the country were consolidated in the Eastern District of Missouri. A final approval hearing is scheduled for Nov. 20. Douglas Dowd, an attorney representing users of the website, said the settlement is "fair and reasonable" for both sides. Robert Atkins, the lead attorney for Ruby Corp., declined comment after the hearing. The lawsuits were filed after hackers outed millions of people who used the website two years ago. The suits said Ashley Madison misled consumers about its security measures and safeguards. The company denied wrongdoing but said in a statement that it settled to "avoid the uncertainty, expense, and inconvenience associated with continued litigation." Ashley Madison is marketed to people seeking extramarital relationships. Its slogan is, "Life is short. Have an affair." At one time, it purported to have about 39 million members. The case is unique in that many website users not only want to remain anonymous but registered using false names, said James McDonough III, an attorney for the users. As a result, those eligible for the settlement won't be contacted directly. Instead, they will reach out to those who could benefit via magazine and web ads. Ross agreed with that plan. "There's just no way to give direct notice to class members," he said. McDonough said there is no estimate on how many people will seek part of the settlement money, which could range from as little as $19 for those victimized by the hack up to $2,000 for those who were victims of identity theft because of the hack. Ashley Madison's systems were hacked in July 2015. Hackers posted the details a month later after the company didn't comply with their demands to shut down. The release of evidence of infidelity triggered extortion crimes and unconfirmed reports of suicides. In December, Ruby Corp. agreed to pay $1.6 million in settlements with the U.S. Federal Trade Commission over the data breach. Thirteen states and the District of Columbia joined the FTC in the investigation that found lax data security practices. The investigation also found Ashley Madison created fake female profiles to entice male users. In addition to monetary penalties to the FTC, Ruby agreed in December to end certain deceptive practices, to not create fake profiles, and to develop a stronger data security program. The company has said that since the initial hack it has implemented several measures to make customer data more secure. SABRE CORP: Smith Files Suit Over Data Breach --------------------------------------------- Sandra Smith, individually and on behalf of all others similarly situated, Plaintiff, v. Sabre Corp., (formerly known as Sabre Holdings Corporation), Sabre GLBL, Inc. and Does 1 to 10 inclusive, Defendants, Case No. 2:17-cv-05149, (C.D. Cal., July 12, 2017), seeks equitable relief, actual damages, costs of suit and attorneys' fees and such other and further relief for breach of express and implied contract, breach of the covenant of duty of good faith and fair dealing, negligence, constitutional violation of privacy and violation of California's Unfair Competition Law, and various state data breach laws. Sabre operates the SynXis Central Reservations system, which facilitates the booking of hotel reservations made by individuals and companies. On July 5, 2017, Sabre announced that their payment card data for their hotel reservations was illegally accessed thus compromising customers' private identifiable information. Smith claimed that she accessed and used the Sabre website during that time. [BN] Plaintiff is represented by: Bobby Saadian, Esq. Colin M. Jones, Esq. Daniel B. Miller, Esq. WILSHIRE LAW FIRM 3055 Wilshire Blvd., 12th Floor Los Angeles, CA 90010 Tel: (213) 381-9988 Fax: (213) 381-9989 SANOFI SA: Bid to Certify Class in Taxotere(R) MDL Denied --------------------------------------------------------- The Hon. Kurt D. Engelhardt denied the motion to certify class filed by Plaintiffs Sheila Matthews, Debra Chetta and Emily Barre in their lawsuit entitled Sheila Matthews, et al. v. Sanofi S.A., et al., Case No. 2:16-cv-17731 (E.D. La.). The Plaintiffs seek certification of a class consisting of: All Louisiana residents who were administered Taxotere during chemotherapy and have suffered permanent alopecia and other legally cognizable injuries as a result. The lawsuit is part of the multidistrict litigation styled In Re: TAXOTERE (DOCETAXEL) PRODUCTS LIABILITY LITIGATION, MDL No. 2:16- md-02740-KDE-MBN. The actions in the litigation involve product liability suits alleging, inter alia, that Defendants Sanofi S.A., Aventis Pharma S.A. and Sanofi-Aventis U.S. LLC manufactured, marketed, distributed, supplied, promoted and sold Taxotere(R), which is defective and unreasonably dangerous in that it causes permanent hair loss (alopecia); that Sanofi knew or should have known of the risk of alopecia associated with Taxotere(R) usage; that Sanofi marketed, distributed and/or sold Taxotere(R) without adequate warnings concerning its risks; and that as a direct and proximate result of using Taxotere(R), women across the nation have suffered serious injuries, physical and mental pain and suffering, as well as economic loss. According to its order and reasons, the Court finds that the requirements for class certification under Rule 23 of the Federal Rules of Civil Procedure have not been satisfied in the case. In particular, the Court notes that the Plaintiffs' claims involve a variety of individualized issues and elements. For instance, Matthews, Chetta, and Barre have differing circumstances surrounding their claims, it adds. Thus, the personal and individualized nature of Plaintiffs' claims does not lend itself to class certification under Rule 23, Judge Engelhardt opines. A copy of the Order and Reasons is available at no charge at http://d.classactionreporternewsletter.com/u?f=FVdJdtmh STATE FARM: "Porto" Roofing Scam Case Transferred to E.D. Ark. -------------------------------------------------------------- The case captioned Bob Porto, for himself and all other Arkansans similarly situated, Plaintiff, v. State Farm & Casualty Company, Case No. 60CV-17-2817 (Ark. Cir., June 6, 2017), was transferred to the U.S. District Court for the Eastern District of Arkansas on July 7, 2017, under Case No. 4:2017-cv-00437. Plaintiff does business as Bob Porto Builders and replaces roofs on residential properties, particularly, those that have been damaged by storms. Porto is licensed by the Arkansas Contractors Licensing Board. He alleges that State Farm is choosing bidders and bids to repair or replace its policyholders' roofs that are incapable of meeting building codes in violation of the Arkansas Deceptive Trade Practices Act. State Farm Fire and Casualty Company provide property insurance for State Farm customers in the United States. Plaintiff is represented by: Scott Poynter, Esq. STEEL, WRIGHT, GRAY & HUTCHINSON, PLLC 400 W. Capitol Avenue, Suite 2910 Little Rock, AR 72201 Tel: (501) 251-1587 Fax: (501) 244-2614 Email: alex@swghfirm.com nate@swghfirm.com scott@poynterlawgroup.com Defendant is represented by: John Benjamin Moore, Esq. 2004 Montana Ave. El Paso, TX 79903 Tel: (915) 351-1000 - and - Beverly Ann Rowlett, Esq. MUNSON, ROWLETT, MOORE & BOONE, P.A. 400 West Capitol Avenue, Suite 1900 Little Rock, AR 72201 Tel: (501) 374-6535 Fax (501) 374-5906 Email: beverly.rowlett@mrmblaw.com SWIFT PORK CO: Faces "Chavez" Labor Suit in Calif. -------------------------------------------------- Maria Chavez, as individual and on behalf of all similarly situated employees, Plaintiff, v. Swift Pork Company and Does 1 through 50, inclusive, Defendant, Case No. BC667501 (Cal. Super., July 7, 2017), seeks compensation resulting from Defendants' failure to accurately pay overtime wages and minimum wages, failure to provide meal periods and rest breaks, all wages earned and owed upon separation from Defendant's employ, failure to reimburse business related-expenses, failure to provide accurate itemized wage statements under California Labor Code and applicable Industrial Welfare Commission Wage Orders. Swift Pork Company processes and sells meat products where Plaintiff worked. [BN] Plaintiff is represented by: Kevin Mahoney, Esq. Derek R. Guizado, Esq. Atoy H. Wilson, Esq. MAHONEY LAW GROUP, APC 249 E. Ocean Blvd., Ste. 814 Long Beach, CA 90802 Telephone: (562) 590-5550 Facsimile: (562) 590-8400 Email: kmahoney@mahoney-law.net dguizado@mahoney-law.net awilson@mahoney-law.net TRIBUNE MEDIA: Faces "Berg" Suit Over Sinclair Broadcast Merger --------------------------------------------------------------- ROBERT BERG, individually and on behalf of all others similarly situated, Plaintiff, v. TRIBUNE MEDIA COMPANY, PETER M. KERN, BRUCE A. KARSH, CRAIG A. JACOBSON, ROSS LEVINSOHN, PETER E. MURPHY, LAURA R. WALKER, SINCLAIR BROADCAST GROUP, INC., and SAMSON MERGER SUB INC., Defendants, Case No. 1:17-cv-00938-UNA (D. Del., July 12, 2017) asserts that Defendants filed a false and misleading Form S-4 Registration Statement in connection with a transaction pursuant to which Tribune Media Company will be acquired by Sinclair Broadcast Group, Inc. and Samson Merger Sub Inc. Pursuant to the terms of the Merger Agreement, shareholders of Tribune will receive $35.00 in cash and 0.2300 of a share of Class A common stock of Parent for each share of Tribune common stock. According to the complaint, the Registration Statement (i) omits material information regarding Tribune's financial projections, Sinclair's financial projections, and the financial analyses performed by the Company's financial advisors, Moelis & Company and Guggenheim Securities, LLC, in support of their so-called fairness opinions, (ii) fails to disclose whether any confidentiality agreements executed by Tribune and the prospective bidders contained standstill and/or "don't ask, don't waive" provisions that are or were preventing those counterparties from submitting superior offers to acquire the Company, (iii) omits material information regarding potential conflicts of interest of Guggenheim., (iv) omits material information regarding potential conflicts of interest of the Company's officers and directors, and (v) omits material information regarding the background of the Proposed Transaction. For example, says the complaint, the Registration Statement fails to disclose the terms and value of the indication of interest submitted by "Bidder C," as well as the nature of the "expressions of interest" as discussed at the January 24, 2017 Board meeting. Defendant owns a portfolio of television and digital properties.[BN] The Plaintiff is represented by: Brian D. Long, Esq. Gina M. Serra, Esq. RIGRODSKY & LONG, P.A. 2 Righter Parkway, Suite 120 Wilmington, DE 19803 Phone: (302) 295-5310 Fax: (302) 654-7530 Email: bdl@rl-legal.com gms@rl-legal.com TRINITY COURIERS: Faces "Green" Suit Alleging FLSA Violation ------------------------------------------------------------ ASHLEY GREEN, individually and on behalf of all others similarly situated, Plaintiff, v. TRINITY COURIERS, INC. and TRINITY COURIERS OF HOUSTON, INC., Defendants, Case No. 4:17-cv-02102 (S.D. Tex., July 10, 2017), alleges that Defendant violated the Fair Labor Standards Act by employing Green and other similarly situated nonexempt employees "for a workweek longer than forty hours [but refusing to compensate them] for [their] employment in excess of [forty] hours . . . at a rate not less than one and one- half times the regular rate at which [they are or were] employed." Trinity Couriers is courier service. Trinity Couriers employed Green as a courier.[BN] The Plaintiff is represented by: Melissa Moore, Esq. MOORE & ASSOCIATES Lyric Center 440 Louisiana Street, Suite 675 Houston, TX 77002 Phone: (713) 222-6775 Fax: (713) 222-6739 UBER TECH: Suit by St. Louis Drivers Dismissed ---------------------------------------------- Dionne Cordell, writing for Courthouse News Service, reported that a federal judge in St. Louis, dismissed claims against Uber brought by taxi drivers who say they lost one-third of their income after the ride-hailing company entered the St. Louis market in defiance of state regulations. In a federal class-action lawsuit filed in St. Louis County Circuit Court in November 2015, four independent-contractor taxi drivers claimed they experienced a 30 to 40 percent decrease in revenue since Uber USA and Uber Technologies' allegedly illegally entry into the local market. In September 2015, the St. Louis Metropolitan Taxicab Commission, or MTC, voted to allow Uber to operate in the metropolitan area. Uber then claimed that MTC's requirement to have all of its drivers fingerprinted as part of background checks was overly burdensome. Even though U.S. District Judge Henry Autrey denied Uber's motion for a temporary restraining order against the requirement, the company began operating in St. Louis without fingerprinting its drivers. In the ruling, Autrey sided with Uber and found that the taxi drivers' amended complaint failed to satisfy the business- expectancy element of a claim for tortious interference. "Rather than setting out a valid and reasonable business expectancy in obtaining customers for their taxi business, plaintiffs' claims are based on the mere home that they will have customers for their taxis in the future," the judge wrote in the 11-page opinion. Autrey said the cabbies' allegations that Uber interfered with customers were vague and did not include specific customers or facts that "regular" customers exist. The judge also said that the taxi drivers failed to provide concrete allegations giving rise to a reasonable and valid business relationship. "Plaintiffs' allegations are nothing more than speculation, conjecture and guesswork without a substantial evidentiary basis," he wrote, dismissing the lawsuit. VANCE & HUFFMAN: "Stetson" Lawsuit Alleges Violation of FDCPA ------------------------------------------------------------- ROBIN STETSON, individually and on behalf of all others similarly situated, Plaintiff(s), vs. VANCE & HUFFMAN, LLC, Defendant, Case No. 9:17-cv-80830-KAM (S.D. Fla., July 11, 2017), alleges that Defendant used interstate telephone services and facilities in their attempt to collect the alleged debt from the Plaintiff by making at least two phone calls to the Plaintiff for the purpose of collection to the State of Florida from the State of Virginia. The case alleges violation of the Federal Fair Debt Collection Practices Act.[BN] Defendant is a debt collector. The Plaintiff is represented by: John J.R. Skrandel, Esq. JEROME F. SKRANDEL, PL 300 Prosperity Farms Road, Suite D North Palm Beach, FL 33408-5212 Phone: (561)863-1605 Fax: (561)863-1606 Email: JFSPA@MSN.COM VELOCITY INVESTMENTS: Pajarit Files Suit Over Collection Letter --------------------------------------------------------------- David Austria Pajarit, individually and on behalf of all others similarly situated, Plaintiff, v. Velocity Investments, LLC and Does 1 through 10, inclusive, Defendants, Case No. 17CIV03046 (Cal. Super., July 7, 2017) seeks statutory damages, costs of this action, reasonable attorney's fees and such other and further relief for violation of the California Fair Debt Buying Practices Act, the federal Fair Debt Collection Practices Act and the California Rosenthal Fair Debt Collection Practices Act. Velocity is a debt collector and "debt-buyer" and attempted to collect a charged-off consumer debt allegedly owed by the Plaintiff. Defendants' first written communication to Plaintiff allegedly failed to include the notice required by the California Fair Debt Buying Practices Act. [BN] Plaintiff is represented by: Fred W. Schwinn, Esq. CONSUMER LAW CENTER, INC. 12 South First Street, Suite 1014 San Jose, CA 95113-2418 Telephone: (408) 294-6100 Facsimile: (408) 294-6190 E-mail: fred.schwinn@sjconsumerlaw.com VITAL RECOVERY: Faces "Rashid" Suit in E.D.N.Y. ----------------------------------------------- A class action lawsuit has been filed against Vital Recovery Services, LLC. The case is styled as Syed Rashid on behalf of himself and all other similarly situated consumers, Plaintiff v. Vital Recovery Services, LLC, Defendant, Case No. 1:17-cv-04474 (E.D.N.Y., July 29, 2017). Vital Recovery Services, LLC owns and operates a third-party collection agency in California.[BN] The Plaintiff is represented by: Igor B Litvak, Esq. The Law Office of Igor Litvak 1701 Avenue P Brooklyn, NY 11229 Tel: (646) 796-4905 Fax: (718) 408-9570 Email: igorblitvak@gmail.com VOLKSWAGEN GROUP: $125M Awarded to Lawyers in 3.0L Settlement ------------------------------------------------------------- Nicholas Iovino, writing for Courthouse News Service, reported that a federal judge awarded $125 million in fees and costs to lawyers who secured a second settlement in Volkswagen's diesel emissions cheating scandal. U.S. District Judge Charles Breyer approved the $1.2 billion settlement in May, one of two deals worth nearly $16 billion, to settle claims in Volkswagen's installation of emissions test cheating software in some 580,000 diesel-powered vehicles sold in the United States. "The settlement not only provides class members with significant value, but class counsel obtained the settlement swiftly," Breyer wrote in his 7-page ruling. He noted that the second deal was approved less than 18 months after lead class counsel Lieff Cabraser Heimann & Bernstein was appointed by the court. It was the second big payday for attorneys in the multidistrict consumer class action. Breyer in March awarded counsel $175 million for securing a $14.7 billion deal for 500,000 2.0-liter engine vehicles. In that settlement, Volkswagen agreed to spend $10 billion on vehicle buybacks and emissions-reducing repairs, and $4.7 billion to regulators for air quality improvement programs. The 3.0-liter engine deal approved in May comes with a value of at least $902 million for consumers, along with payouts to U.S. and California for air pollution mitigation. Under the settlement, Volkswagen could have to pay an extra $4 billion if it can't come up with regulator-approved, emissions-reducing repairs for 58,000 newer-model cars by deadlines in October, November and December this year. The requested $121 million in attorneys' fees accounts for 13.4 percent of the estimated $902 million value of the settlement, "well below the Ninth Circuit's 25 percent benchmark for common fund cases," Breyer wrote in the ruling. He found the attorneys' request for an additional $4 million in expenses was reasonable and granted it. Volkswagen has paid more than $20 billion in U.S. civil settlements and criminal fines so far for installing of emissions- cheating software in some 11 million vehicles worldwide, and U.S. prosecutors have criminally charged six of its executives with conspiracy and obstruction of justice. Also, Breyer approved a third partial consent decree in which Volkswagen agreed to pay a $93.8 million fine to California's air quality regulator, the California Air Resources Board. That money will go to the state's Air Pollution Control Fund, according to the consent decree. On top of that, Volkswagen will pay California another $60 million, in $10 million installments over six years, to reimburse it for the costs of securing three consent decrees. The third consent decree also requires Volkswagen make changes to its corporate governance structure, maintain an approved whistleblower system, and hire third-party testers and auditors to evaluate its emissions compliance. Volkswagen spokeswoman Jeannine Ginivan and California Attorney General Xavier Becerra's office did not immediately return emails seeking comment. The plaintiffs' steering committee said in a statement that it appreciated the court's consideration of its fee request and was "gratified" to be implementing the two class-action settlements. More than 10,000 of 30,000 filed claims have been paid for the 3.0-liter settlement in less than two months, and more than $540 million in payment offers have been made, according to class attorneys. "We negotiated these agreements to hold Volkswagen accountable for its breach of consumer trust, and we hope that all class members choose to take advantage of the benefits detailed in these settlements," the class attorneys said in a statement. "These legal fees are in addition to the compensation Volkswagen has already agreed to pay under the terms of the settlement, and will not be deducted from any class member's recovery amount." WELLS FARGO: "O'Connor" Suit Hits Lack of Property Upkeep --------------------------------------------------------- Brian O'Connor, on behalf of himself and others similarly situated, Plaintiff, v. Wells Fargo & Co., Wells Fargo Bank, N.A. and Wells Fargo Home Mortgage, Inc., Ocwen Financial Corp., Ocwen Loan Servicing LLC, and Ocwen Services, LLC, Defendant, Case No. 606673/2017 (N.Y. Sup., July 11, 2017), seeks actual, special and consequential damages, interest, attorneys' fees and cost of suit, injunctive relief and such other relief resulting from negligence and breach of duty. Defendants are alleged of negligent failure to maintain the houses, condominiums and apartments that they have acquired through foreclosure proceedings in the state of New York, which has caused quantifiable harm to neighboring homeowners in the form of decreased home values. Plaintiff purchased his home at 57 George St., Roslyn Heights, New York, within 300 feet of at least one home owned and controlled by Defendants. [BN] Plaintiff is represented by: Michael A. Tompkins, Esq. Jeffrey K. Brown, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, NY 11514 Tel: (516) 873-9550 Email: mtompkins@leedsbrownlaw.com jbrown@leedsbrownlaw.com - and - Jason P. Sultzer, Esq. Adam Gonnelli, Esq. THE SULTZER LAW GROUP, P.C. 85 Civic Center Plaza, Suite 104 Poughkeepsie, NY 12601 Telephone: (854) 705-9460 Facsimile: (888) 749-7747 Email: sultzerj@thesultzerlawgroup.com Gonnellia@thesultzerlawgroup.com WOLF PETROLEUM: Workers Class Certification Sought in "Moss" Suit ----------------------------------------------------------------- The Plaintiffs in the lawsuit captioned MICHAEL MOSS, and KORRY MOSS, on behalf of themselves and others similarly situated v. WOLF PETROLEUM SERVICES, LLC, and MARC T. MEITNER, Case No. 5:16- cv-01435-SMH-MLH (W.D. La.), moves for conditional class certification. Michael Moss and Korry Moss also ask the Court to order the Defendants to produce a list of names, last known addresses, and last known e-mail addresses, and telephone numbers for all current and former hourly Rig Workers, who worked for the Defendants during the "Relevant Time Period" from October 13, 2013, through the present, authorize dissemination of the suggested notice to potential members of this collective action. The Mosses further ask the Court to order a 60-day notice period following complete production of the aforementioned employee contact information, and to award Plaintiffs all other relief to which they may be justly entitled. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=sIbRUA2o The Plaintiffs are represented by: Barrett Beasley, Esq. SALIM-BEASLEY, LLC 1901 Texas Street Natchitoches, LA 71457 Telephone: (318) 352-5999 Facsimile: (318) 352-5998 E-mail: bbeasley@salim-beasley.com - and - Robert W. Cowan, Esq. BAILEY PEAVY BAILEY COWAN HECKAMAN PLLC 440 Louisiana Street, Suite 2100 Houston, TX 77002 Telephone: (713) 425-7100 Facsimile: (713) 425-7101 E-mail: rcowan@bpblaw.com The Defendants are represented by: Elizabeth M. Carmody, Esq. COOK, YANCEY, KING & GALLOWAY 333 Texas Street, Suite 1700 P.O. Box 22260 Shreveport, LA 71120 Telephone: (318) 221-6277 Facsimile: (318) 227-7850 E-mail: elizabeth.carmody@cookyancey.com WYOMING: Prisons Face Class Suit over Sex Discrimination -------------------------------------------------------- Robert Kahn, writing for Courthouse News Service, reported that a federal class action in Casper, Wyoming, claims that Wyoming prisons discriminate against women by offering a boot camp rehab program only for men younger than 21, depriving women of training and opportunities for early release. The case is TAYLOR S. BLANCHARD, individually and on behalf of all other persons similarly situated, Plaintiffs, vs. ROBERT LAMPERT and RICK CATRON, in their official capacities, Defendants, Case No. 17-cv-00124 (D. Wyo.). Counsel to Plaintiff: JOHN H. ROBINSON, Esq. JAMIESON & ROBINSON, LLC 185 West Broadway Suite 101 P.O. Box 4285 Jackson, Wyoming 83001 Tel: (307) 733-7703 - and - STEPHEN L. PEVAR, Esq. AMERICAN CIVIL LIBERTIES UNION FOUNDATION 765 Asylum Avenue Hartford, Connecticut 06105 Tel: (860) 570-9830 ********* 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. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000 or Joseph Cardillo at 856-381- 8268. * * * End of Transmission * * *