/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/171109.mbx C L A S S A C T I O N R E P O R T E R Thursday, November 9, 2017, Vol. 19, No. 222 Headlines 7-ELEVEN INC: Faces Wage-and-Hour Suit by Franchisees AETNA HEALTH: Exposed HIV Patient's Information, Suit Says AFS GENERAL: Bid to Certify Class in Bobo's Drugs Suit Denied ALDRIDGE PITE: Certification of Class Sought in "Neumer" Suit ALLIED UNIVERSAL: "Douglas" Suit Seeks Minimum Wage under FLSA ALPHA RECOVERY: Certification of Class Sought in "Olson" Suit ANSAM COMMERCIAL: 13-50 River Road Moves for Class Certification APPFOLIO INC: "Leo" Sues Over Erroneous Consumer Report ASA COLLEGE: Faces "Delacruz" Suit in Southern Dist. of New York BANK OF AMERICA: McLeod Moves to Certify Class of Loan Officers BARKING DOG NYC: Faces "Castillo" Wage-and-Hour Suit BLAZIN' WINGS: Underpays Workers, "Brooks" Suit Claims BMW AG: Marur and Patel File Antitrust Suit v. German Car Makers BROTHERHOOD TRUCKING: Fails to Pay All Earned Wages, Luzano Says BUILD.COM INC: Jurgens Seeks to Certify Mo. & Wiretap Act Classes BUSH ROSS: Class Certification Under FDCPA Sought in "Kagno" Suit BUSH ROSS: Has 30 Days to Finalize "Kagno" Class Suit Settlement C.R. ENGLAND: Misclassifies Trucks Drivers, "Silva" Suit Claims CABOT OIL: Misclassifies Workers, "Conley" Suit Alleges CALIFORNIA SERVICE: West Seeks Certification of Class Under TCPA CARDONE TRAINING: Orozco Sues over Work Disparate Treatment CEMPRA INC: "Tran" Suit Seeks to Block Sale to Melinta CHESAPEAKE ENERGY: "Herbert" Suit Seeks Unpaid Overtime Wages CHL INC: Class of Employees Certified Under FLSA in "King" Suit CORTECH LLC: Violates Minimum Wage Laws, "Smith" Suit Claims CYNOSURE INC: SculpSure Users' Suit Seek Damages DANIEL DEFENSE: Faces "Cryer" Suit over Mass Layoffs DEVON ENERGY: Martinez Moves to Certify Safety Consultants Class EQUIFAX INC: "Lawyer" Suit Moved to Southern Dist. of Texas EQUIFAX INC: "Katz" Sues Over Data Breach, Claims Damages EQUIFAX INC: Gladwell Sues Over Data Breach, Claims Damages EQUIFAX INC: "Gastineau" Sues Over Data Breach, Claims Damages EQUIFAX INFO: "Lemmon" Suit Seeks Damages Over Data Breach EVO INCORPORATED: Class of Field Hands Certified in "Hobbs" Suit EXCELSIOR COLLEGE: Williams et al. Sue Over Nursing Program FEDERAL EXPRESS: "Herrera" Suit Moved to C.D. California FINANCIAL RECOVERY: Class Certification Sought in "Guerrido" Suit FIRST RESOLUTION: Seeks Prelim. Okay of "Islas" Suit Settlement FMC TECHNOLOGIES: Moten Moves to Certify Class of Engineers FORD MOTOR: Van Moves to Certify Women Workers Class FRONTLINE ASSET: Ahmed's Bid to Certify Class Withdrawn & Tossed FUFI LLC: "Sepulveda" Suit Seeks Overtime Wage under FLSA GENPACT SERVICES: Class Certification Sought in "O'Boyle" Suit HERMES LANDSCAPING: Certification Sought in Rodriguez Suit HUMANA AT HOME: Poggi's Cert. Bid Denied; Must Amend Suit Nov. 13 HYATT CORPORATION: Rap Al Sues over Biometric Information INTERACTIVE BROKERS: "Batchelar" Class Action Dismissed JOHNSON CONTROLS: Class Certification Sought in "Hostetler" Suit KANSAS CITY, MO: Zimmerli Moves to Certify Class of Medics/EMTs KARLENE'S TENDER LOVE: Violates Labor Laws, Johnson Alleges KITCHEN COLLECTION: Underpays Store Managers, Cunningham Claims KRS GLOBAL: Sawyer Moves for Certification of Class Under TCPA L'OREAL USA: Smith Sues Over Unsafe Hair Products LA CANASTA LATINA: Faces "Chirinos" Wage-and-Hour Suit LAGASSE LLC: Alpha Tech's Bid to Certify Class Entered and Cont'd LITCO PETROLEUM: "Holifield" Suit Seeks Unpaid Overtime Wages LTD FINANCIAL: "Johnson" Disputes Excessive Loan Interest Rates MARC BERKOWITZ: Faces "Rizkallah" Suit over Wage Law Violations MDL 2797: "Havard" Suit vs. Wells Fargo Consolidated in C.D. Cal. MDL 2797: "Hancock" Suit v. Wells Fargo Consolidated in C.D. Cal. MDL 2797: "Preston" Suit v. Wells Fargo Consolidated in C.D. Cal. MDL 2797: "Ross" Suit v. Wells Fargo Consolidated in C.D. Cal. MDL 2797: "Thomas" Suit v. Wells Fargo Consolidated in C.D. Cal. MERCANTILE ADJUSTMENT: Class Certification Sought in "Nolet" Suit MICHAEL DELLA VECCHIA: "Brown" Suit Seeks Overtime Pay under FLSA MORNING CALL: "Hernandez" Suit Certified as FLSA Class Action MURPHY OIL: "Appleyard" Suit Seeks Damages and Unpaid Wages NATIONAL GENERAL: "Miller" Suit Moved to C.D. California NATIONWIDE CREDIT: Class Certification Sought in "Nolet" Suit NE BRANDS LLC: "Hill" Suit Alleges Misclassification NORTHROP GRUMMAN: Marshall's Bid to Certify Under Submission NORTHSTAR LOCATION: Seeks Prelim. OK of "Bennett" Suit Settlement OKLAHOMA: Class Certification Sought in "Simmons" Suit ORBITAL ATK: "Simnowitz" Suit Seeks to Enjoin Northrop Merger ORGANIC CONNECTION: Martinica Seeks Unpaid Wages under FLSA PACFUL INC: Faces "Cassista" Suit in California State Court PLANNED BUILDING: "Hunter" Suit Seeks Unpaid OT under Labor Law POMPANO AUTOMOTIVE: Faces "Benhayon" Suit over Robocalls PREMARA FINANCIAL: Sharpenter Challenges Select Bancorp Merger PRIMEFLIGHT AVIATION: "Dones" Suit Seeks Minimum Wage, OT Pay PROCTER & GAMBLE: Pettit Moves to Certify Class of Wipes Buyers PROGRESSIVE BUSINESS: Duggins Sues Over Illegally-Faxed Ads RAMINENI LAW: Fails to Pay Overtime, "Datta" Suit Claims RAYMOND JAMES: Daccache Moves to Certify Class of Investors ROCKY'S BAR: "Garcia" Suit Seeks Unpaid Overtime under FLSA ROYAL SEAS: "DeForest" Suit Transferred to S.D. Cal. SAN FRANCISCO, CA: Buffin Seeks to Certify Class of Arrestees SANTA BARBARA HOSPITALITY: Court OKs $8.5MM Deal in "Byrne" Suit SATANDER SECURITIES: Ponsa & Perez Sue over Puerto Rico Crisis SCAFFOLDING SOLUTIONS: Epps and Sullivan File Wage-and-Hour Suit SCANA CORP: "Norman" Hits Share Drop Price Due to Shelved Project SHORE FUNDING: Cunningham's Bid for Class Certification Denied SM ENERGY: Lirette Seeks to Certify Class of Workers Under FLSA SSM HEALTH: Seeks Prelim. Approval of "Mayberry" Suit Settlement SUBARU OF AMERICA: Salcedo Sues Over Defective Car Parts SUMMITT TRUCKING: Ratliff Moves to Certify Job Applicants Class TEXAS, USA: Court Refuses to Certify Students Class in LULAC Suit TITAN TRANSFER: Ratliff Wants Class of Job Applicants Certified TRANSCO LINES: Certification of Class Sought in "Ratliff" Suit TRUGREEN LIMITED: Morris May Refile Cert. Bid After Jan. 2 Report US SECURITY ASSOCIATES: "Woodall" Certified as Collective Action VALERO MARKETING: Class of Consumers Certified in "Bautista" Suit VAN WYK INC: Ratliff Seeks to Certify Class of Job Applicants VENTURE EXPRESS: Cert. of Applicants Class Sought in "Ratliff" VOLKSWAGEN GROUP: Makaryan Seeks to Certify Class and Sub-Classes WELLS FARGO: "Brach" Suit Alleges Fraudulent Business Practices WELLS FARGO: Wins Final Approval of "Hartley" Class Settlement WESTERN EXPRESS: Ratliff Seeks to Certify Class of Job Applicants WESTFIELD INSURANCE: MSP Recovery's Suit Moved to S.D. Florida WHOLE FOODS: Cousino Sues Over Compromised Credit Card Data YANESH BROTHERS: Evans Sues Over Unpaid Overtime YASO HOSPITALITY: "Liu" Suit Seeks to Recover Unpaid Overtime Pay ********* 7-ELEVEN INC: Faces Wage-and-Hour Suit by Franchisees ----------------------------------------------------- Serge Haitayan, Jaspreet Dhillon, Robert Elkins, Manjit Purewal and Maninder "Paul" Lobana, individually and on behalf of others similarly situated, v 7-Eleven, Inc., Case No. 2:17-cv-07454-JFW- JPR (C.D. Cal., October 12, 2017) for alleged violation of the Fair Labor Standards Act, California state wage-and-hour laws, and federal Class Action Fairness Act. The Plaintiffs seek relief as a result of work personally performed and expenses personally incurred by them in the State of California within four years before the filing a complaint, and continuing trial. Mr. Haitayan is an individual and a citizen of the State of California residing in the City of Clovis, County of Fresno, CA. He operated one franchise of the Defendant for 27 years and is President of his local 7-Eleven franchisee association, the Sierra Franchise Owners Association in Fresno. Robert Elkins and Japreet Dhillon are individuals and a citizens of the State of California residing in El Cajon, County of San Diego, CA. They operated franchises of the defendant and also are the President and Vice President-Business Affairs, respectively, of their local 7-Eleven franchisee association, Franchisee Owners Association of Greater Los Angeles. Manjit Purewal is an individual and a citizen of the State of California residing in Vacaville, County of Solano, CA. He operated one franchise of the defendant and is the President of his local 7-Eleven franchisee association, Greater Bay Franchisee Owners Association. Maninder "Paul" Lobana is an individual and a citizen of the State of California residing in City of Moonpark, County of Ventura, CA. He operated one franchise of the defendant and is the President of his local 7-Eleven franchisee association, Franchisee Owners Association. Defendant is a citizen of Texas, with its corporate headquarters, nerve center and principle executive office located at 300 Hackberry Rd., Irving, Texas 75063. Defendant is in the business of operating "7-Eleven" retail convenience stores which it owns across the US, and in California.[BN] The Plaintiffs are represented by: Marc S. Culp, Esq. Benjamin S. Dyer, Esq. CULP & DYER, LLP 222 E. McKinney, Suite 210 Denton, Texas 76201 Telephone: (940) 484-2236 Facsimile: (940) 484-4436 E-mail: mculp@cdhllp.com bdyer@cdhllp.com - and - Timothy G. Williams, Esq. Stephanie Reynolds, Esq. POPE, BERGER, WILLIAMS & REYNOLDS, LLP 401 B Street, Suite 2000 San Diego, CA 92101 Telephone: (619) 595-1366 Facsimile: (619) 236-9677 E-mail: williams@popeberger.com reynolds@popeberger.com - and - Mandeep S. Rupal, Esq. RUPAL LAW 5811 Pine Ave. Chino Hills, CA 91709 Telephone: (909) 630-9800 Facsimile: (909) 597-6199 E-mail: mandeep1233@gmail.com AETNA HEALTH: Exposed HIV Patient's Information, Suit Says ---------------------------------------------------------- R.H., on behalf of himself and as representative of all others similarly situated v AETNA Health, Inc. AETNA Life Insurance Company and AETNA, Inc., Case No. 2:17-cv-04566-MMB (E.D. Pa., October 12, 2017), alleges violations of federal and state privacy laws, including without limitation, the Health Insurance Portability and Accountability Act, which were promulgated in response to the negative and often life-threatening response people living with HIV faced from the public. Mr. R.H. is an adult living in Plainsville, a very small rural town in Kansas, who is a patient of the defendant. AETNA Health, Inc., AETNA Life Insurance Company and AETNA, Inc are health care providers pursuant to state and federal law, providing health care and medical insurance services to the general public and which publicized matters of a highly sensitive nature to the public concerning the private life and medical information of the plaintiff.[BN] The Plaintiffs are represented by: Maureen M. Brady, Esq. McShane and Brady LLC KS Bar No. 22460 1656 Washington, Suite 140 Kansas City, MO 64108 Telephone: (816) 888-8010 Facsimile: (816) 332-6295 E-mail: mbrady@mcshanebradylaw.com lmcshane@mcshanebradylaw.com - and - Anne Schiavone, Eq. 4600 Madison, Ste 810 Kansas City, MO 64112 Telephone: (816) 283 8739 E-mail: aschiavone@hslawllc.com AFS GENERAL: Bid to Certify Class in Bobo's Drugs Suit Denied ------------------------------------------------------------- The Hon. Richard A. Lazzara denied without prejudice the Plaintiff's perfunctory motion for class certification filed in the lawsuit styled BOBO'S DRUGS v. AFS GENERAL CONTRACTING, LLC, CSG, CONSOLIDATED SERVICE GROUP, INC., and JOHN DOES 1-10, Case No. 8:17-cv-02552-RAL-AAS (M.D. Fla.). "Plaintiff's perfunctory Motion for Class Certification (Dkt. 5), in which Plaintiff's counsel acknowledges 'additional discovery is necessary for the court to determine whether to certify the class Plaintiff seeks to represent[,]' is denied without prejudice as premature," according to the Court's order. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=8Y2ZEEuF ALDRIDGE PITE: Certification of Class Sought in "Neumer" Suit ------------------------------------------------------------- Mary Neumer moves the Court to certify the class described in the complaint of the lawsuit entitled MARY NEUMER, Individually and on Behalf of All Others Similarly Situated v. ALDRIDGE PITE HAAN, LLP, Case No. 2:17-cv-01502-JPS (E.D. Wisc.), and further asks that the Court both stay the motion for class certification and to grant her (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, Ms. Neumer contends, 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."). Ms. Neumer says she is obligated to move for class certification to protect the interests of the putative class. She adds that more than one defendant has already attempted the scheme contemplated in Campbell-Ewald. See Severns v. Eastern Account Systems of Connecticut, Inc., Case No. 15-cv-1168, 2016 U.S. Dist. LEXIS 23164 (E.D. Wis. Feb. 24, 2016). Judge Randa denied the defendant's request to deposit funds on grounds that a class certification motion was pending. As the Motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when short motion to certify and stay should suffice until an amended motion is filed, the Plaintiff asserts. Ms. Neumer also asks to be appointed as class representative, and for the appointment of Ademi & O'Reilly, LLP, as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=rAN9GQwO The Plaintiff is represented by: John D. Blythin, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: jblythin@ademilaw.com ALLIED UNIVERSAL: "Douglas" Suit Seeks Minimum Wage under FLSA -------------------------------------------------------------- KIRK DOUGLAS, individually and on behalf of all others similarly situated, the Plaintiff, v. ALLIED UNIVERSAL SECURITY SERVICES, ALLIED BARTON SECURITY SERVICES LLC and ALLIED SECURITY HOLDINGS LLC, the Defendants, Case No. 1:17-cv-06093-ARR-RML (E.D.N.Y., Oct. 18, 2017), seeks to recover minimum wage compensation, "gap time" compensation, and overtime compensation, and unlawful deductions by separate transactions from Plaintiffs' wages in violation of the Fair Labor Standards Act and New York Labor Law. The Class is made up of all persons who are or have been employed by Defendants as Security Agents, Operations Assistants or Supervisors at JFK within the period of six years prior to this action's filing date and who were subject to Defendants' unlawful policy and/or practice of failing to pay Plaintiffs minimum wage, gap time compensation, and/or overtime premiums for all hours worked over 40 in a given workweek, failing to keep accurate records of hours Plaintiffs actually worked, subjecting Plaintiffs to a practice of unlawful deduction by separate transaction for business-related expenses, and/or failing to provide Plaintiffs with accurate wage statements reflecting all hours, including overtime and gap time hours worked. Allied Universal is a facility services company based in the United States. It also offers security systems solutions, janitorial services and staffing.[BN] The Plaintiff is represented by: Christopher Q. Davis, Esq. Rita Lenane, Esq. James Keneally, Esq. THE LAW OFFICE OF CHRISTOPHER Q. DAVIS 225 Broadway, Suite 1803 New York, New York 10007 Telephone: (646) 430 7930 Facsimile: (646) 349 2504 ALPHA RECOVERY: Certification of Class Sought in "Olson" Suit ------------------------------------------------------------- Deborah Olson moves the Court to certify the class described in the complaint of the lawsuit styled DEBORAH OLSON, Individually and on Behalf of All Others Similarly Situated v. ALPHA RECOVERY CORP., Case No. 2:17-cv-01494 (E.D. Wisc.), and further asks that the Court both stay the motion for class certification and to grant the Plaintiff (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. Dicta in the Supreme Court's decision in Campbell-Ewald Co. v. Gomez, left open the possibility that a defendant facing a class action complaint could moot a class representative's case by depositing funds equal to or in excess of the maximum value of the plaintiff's individual claim with the court and having the court enter judgment in the plaintiff's favor prior to the filing of a class certification motion, the Plaintiff asserts, citing Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016). To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion. Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011), overruled on other grounds, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015) ("The pendency of that motion [for class certification] protects a putative class from attempts to buy off the named plaintiffs."). While the Seventh Circuit has held that the specific procedure described in Campbell-Ewald cannot force the individual settlement of a class representative's claims, the same decision cautions that other methods may prevent a plaintiff from representing a class, the Plaintiff tells the Court, citing Fulton Dental, LLC v. Bisco, Inc., No. 16-3574, 2017 U.S. App. LEXIS 10839 *9-10 (7th Cir. June 20, 2017). The Plaintiff asserts that one defendant has attempted a similar tactic by sending a certified check to the proposed class representative. Bonin v. CBS Radio, Inc., No. 16- cv-674-CNC (E.D. Wis.); see also 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). The Plaintiff is obligated to move for class certification to protect the interests of the putative class, the Plaintiff contends. As the Motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when short motion to certify and stay should suffice until an amended motion is filed, the Plaintiff contends. The Plaintiff also asks to be appointed as class representative, and for the appointment of Ademi & O'Reilly, LLP, as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=1PYVOGG5 The Plaintiff is represented by: John D. Blythin, Esq. Mark A. Eldridge, Esq. Jesse Fruchter, Esq. Ben J. Slatky, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: jblythin@ademilaw.com meldridge@ademilaw.com jfruchter@ademilaw.com bslatky@ademilaw.com ANSAM COMMERCIAL: 13-50 River Road Moves for Class Certification ---------------------------------------------------------------- The Plaintiff in the lawsuit titled 13-50 RIVER ROAD CORP. d/b/a EMPRESS DINER, individually and as the representative of a class of similarly-situated persons v. ANSAM COMMERCIAL KITCHEN AND VENTILATION SPECIALISTS, INC., Case No. 2:16-cv-00710-JMV-JBC (D.N.J.), moves for entry of an order certifying this class: All persons who were sent one or more faxes on May 1, 2006, May 8, 2006, October 30, 2006, or November 6, 2006, about "Ansam Commercial Kitchen Ventilation Systems" in "New Jersey / Upstate New York since 1989" and offering "new systems in just 3* days." The case involves common fact questions about the Defendant's fax campaign and common legal questions under the Telephone Consumer Protection Act, and common law, such as whether the Defendant faxed advertisements without first obtaining the recipients' express permission or invitation. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=cCDy9C1F The Plaintiff is represented by: Michael J. Canning, Esq. Matthew N. Fiorovanti GIORDANO, HALLERAN & CIESLA, P.C. 125 Half Mile Rd., Suite 300 Red Bank, NJ 07701 Telephone: (732) 741-3900 Facsimile: (732) 224-6599 E-mail: mcanning@ghclaw.com mfiorovanti@ghclaw.com - and - Phillip A. Bock, Esq. Tod A. Lewis, Esq. BOCK, HATCH, LEWIS & OPPENHEIM, LLC 134 N. La Salle St., Suite 1000 Chicago, IL 60602 Telephone: (312) 658-5500 Facsimile: (312) 658-5555 E-mail: phil@bockhatchllc.com tod@bockhatchllc.com - and - Brian J. Wanca, Esq. Ryan M. Kelly, Esq. ANDERSON + WANCA 3701 Algonquin Rd., Suite 760 Rolling Meadows, IL 60008 Telephone: (847) 368-1500 E-mail: bwanca@andersonwanca.com rkelly@andersonwanca.com APPFOLIO INC: "Leo" Sues Over Erroneous Consumer Report ------------------------------------------------------- Anthony James Leo, on behalf of himself and all others similarly situated, Plaintiff, v. Appfolio, Inc., Defendant, Case No. 3:17- cv-05771 (W.D. Wash., September 27, 2017), seeks actual, statutory and punitive damages, prejudgment and post-judgment interest, attorney's fees and costs and such other relief for violation of the Fair Credit Reporting Act. Plaintiff applied for an apartment with Aspen Real Estate & Property Management Group NW, Inc. who then ordered an AppFolio consumer tenant screening report. Said consumer report inaccurately stated that he had an eviction record from 2015, even though the record states that the eviction defendant was "Tanya Lee" and occurred in West Greenville, South Carolina. This eviction record belongs to an unrelated person, and Plaintiff does not have a civil judgment for an eviction from 2015 in West Greenville, South Carolina, says the complaint. Plaintiff is represented by: Beth E. Terrell, Esq. Erika L. Nusser, Esq. Elizabeth A. Adams, Esq. TERRELL MARSHALL LAW GROUP PLLC 936 North 34th Street, Suite 300 Seattle, WA 98103-8869 Telephone: (206) 816-6603 Facsimile: (206) 350-3528 Email: bterrell@terrellmarshall.com eadams@terrellmarshall.com enusser@terrellmarshall.com - and - James A. Francis, Esq. John Soumilas, Esq. FRANCIS & MAILMAN, P.C. Land Title Building, 19th Floor 100 South Broad Street Philadelphia, PA 19110 Telephone: (215) 735-8600 Facsimile: (215) 940-8000 Email: jfrancis@consumerlawfirm.com jsoumilas@consumerlawfirm.com ASA COLLEGE: Faces "Delacruz" Suit in Southern Dist. of New York ---------------------------------------------------------------- A class action lawsuit has been filed against ASA College, Inc. The case is captioned as Emanuel Delacruz, and on behalf of all other persons similarly situated, the Plaintiff, v. ASA College, Inc., the Defendant, Case No. 1:17-cv-08040-JGK (S.D.N.Y., Oct. 18, 2017). The case is assigned to the Hon. Judge John G. Koeltl. ASA College is a for-profit college located in New York, New York and Miami, Florida.[BN] The Plaintiff is represented by: Dana Lauren Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 East 18th Street, Suite OHR New York, NY 10003 Telephone: (917) 796 7437 Facsimile: (212) 982 6284 E-mail: danalgottlieb@aol.com BANK OF AMERICA: McLeod Moves to Certify Class of Loan Officers --------------------------------------------------------------- The Plaintiff in the lawsuit captioned GINA MCLEOD, individually and on behalf of all others similarly situated v. BANK OF AMERICA, N.A. and DOES 1 through 10, inclusive, Case No. 3:16-cv-03294-EMC (N.D. Cal.), moves the Court for an order to certifying this class: All persons who are or have been employed, at any time from May 9, 2012 through the date of the Court's granting of class certification in this matter, by Bank of America, National Association ("Bank of America") in California under the job titles Loan Officer, Senior Loan Officer, Mortgage Loan Officer, Senior Mortgage Loan Officer, and Senior Lending Officer (collectively "Loan Officers" or "Class Members"). Ms. McLeod also asks the Court to appoint her counsel as Class Counsel. She further seeks to have certified for resolution on behalf of this class each of the causes of action pled in her First Amended Class Action Complaint, which include claims for reimbursement of business expenses, violations of California's Unfair Competition Law, and penalties under the Labor Code Private Attorneys General Act of 2004. The Court will commence a hearing on November 16, 2017, at 1:30 p.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=CVv5tAj1 The Plaintiff is represented by: Aaron Kaufmann, Esq. David Pogrel, Esq. Elizabeth Gropman, Esq. LEONARD CARDER, LLP 1330 Broadway, Suite 1450 Oakland, CA 94612 Telephone: (510) 272-0169 Facsimile: (510) 272-0174 E-mail: akaufmann@leonardcarder.com dpogrel@leonardcarder.com egropman@leonardcarder.com - and - Edward J. Wynne, Esq. WYNNE LAW FIRM 80 E. Sir Francis Drake Blvd., Suite 3G Larkspur, CA 94939 Telephone: (415) 461-6400 Facsimile: (415) 461-3900 E-mail: ewynne@wynnelawfirm.com BARKING DOG NYC: Faces "Castillo" Wage-and-Hour Suit ---------------------------------------------------- PABLO RAMIREZ CASTILLO, individually and behalf of all other similarly situated v. BARKING DOG NYC LLC AND SOKOL KACI, Case No. 1:17-cv-08051 (E.D.N.Y., October 19, 2017), to recover damages for egregious violations of state and hour laws. Barking Dog NYC, LLC is a corporation organized under the laws of New York with a principal executive office at 1678 3rd Avenue, New York, New York 10128. SOKOL KACI owns and/or operates BARKING DOG NYC LLC. The corporation is engaged in commerce or in the production of goods for commerce, and handle, sell or otherwise work on goods or material that have been moved in or produced for commerce by any person. Due to violations of Federal and New York State Labor Laws, Plaintiff seeks compensatory damages, unpaid minimum wages and an equal amount in the form of liquidated damages, pursuant to the Fair Labor Standards Act.[BN] The Plaintiffs are represented by: Helen F. Dalton, Esq. Roman Avshalumov, Esq. HELEN F. DALTON & ASSOCIATES, PC 69-12 Austin Street Forest Hills, NY 11375 Tel: 718-263-9591 Fax: 718-263-9598 BLAZIN' WINGS: Underpays Workers, "Brooks" Suit Claims ------------------------------------------------------ Alexandra Brooks, individually, and on behalf of all others similarly situate v Blazin' Wings, Inc. d/b/a Buffalo Wild Wings, Case No. 3:17-cv-01391 (M.D. Tenn., October 20, 2017), alleges violation of the Fair Labor Standards Act. Blazin' Wings was and is a foreign corporation organized under the laws of Minnesota. Blazin' Wings, Inc., d/b/a Buffalo Wild Wings, is registered to do business in Tennessee and may be served with process through its registered agent, Corporation Service Company, 2908 Poston Ave., Nashville, TN 37203-1312.[BN] The Plaintiff is represented by: Randall W. Burton, Esq. 1222 16th Avenue, South, Suite 23 Nashville, TN 37212 Tel: (615) 620-5838 BMW AG: Marur and Patel File Antitrust Suit v. German Car Makers ---------------------------------------------------------------- Vinod Marur and Kunal Patel, Plaintiffs, on behalf of themselves and other similarly situated v. BMW AG, BMW OF NORTH AMERICA, LLC, VOLKSWAGEN AG, VOLKSWAGEN GROUPOF AMERICA, INC., AUDI AG, AUDI OF AMERICA, INC., AUDI OF AMERICA, LLC, DR. ING. H.C. F. PORSCHE AG, PORSCHECARS NORTH AMERICA, INC., DAIMLER AG, MERCEDES-BENZ USA, LLC,MERCEDES-BENZ VANS, LLC, MERCEDESBENZ U.S. INTERNATIONAL, INC., ROBERTBOSCH GMBH, and ROBERT BOSCH LLC, Case No.3:17-cv- 05865 (N.D. Cal., October 12, 2017), is a civil antitrust action seeking damages arising out of a vast, 20-year conspiracy by the largest and most profitable German automobile manufacturers -- Audi, BMW, Daimler, Porsche, and Volkswagen -- which was intended to, and did, create the perception of innovation and competition among them, while in fact they agreed to eliminate or severely curtail competition. Plaintiff Vinod Marur, is a software engineering professional in the Bay Area, a citizen of California, residing in Palo Alto, California. He bought a 2013 Audi A8 3.0L on May 23, 2013, at cartelligent.com in San Jose. Plaintiff Kunal Patel, is a biotechnology market planning manager in the Bay Area. Plaintiff is a citizen of California, residing in San Francisco, and leased a 2017 Audi A4 in February 2017 at Audi Stevens Creek in San Jose, California. Plaintiffs seek damages and injunctive relief, and other relief pursuant to the federal and state antitrust laws on behalf of purchasers and lessors of certain new German automobiles. Plaintiffs contend they were injured by paying inflated prices for German Automobiles. Plaintiffs paid a premium for their German Automobiles that were marketed as having advanced German technology. The premium paid by Plaintiffs reflected Defendants' ability to price German Automobiles as though Defendants competed to deliver cutting edge technology when, unbeknownst to Plaintiffs, they did not. The conspiracy alleged herein may have resulted in one of the greatest frauds ever perpetuated on U.S. consumers and regulators. Plaintiffs seek treble damages, attorneys' fees and costs as well as pre-judgment and post-judgment interest as permitted by law.[BN] The Plaintiff is represented by: Lesley E. Weaver, Esq. Matthew S. Weiler, Esq. Emily C. Aldridge, Esq. BLEICHMAR FONTI & AULD LLP 1999 Harrison Street, Suite 670 Oakland, CA 94612 Tel: (415) 445-4003 E-mail: lweaver@bfalaw.com E-mail: mweiler@bfalaw.com E-mail: ealdridge@bfalaw.com BROTHERHOOD TRUCKING: Fails to Pay All Earned Wages, Luzano Says ---------------------------------------------------------------- JUAN F. LUZANO, individually and on behalf of all others similarly situated, other current and former aggrieved employees, and the California general public, the Plaintiff, v. BROTHERHOOD TRUCKING, INC., a California corporation; SCOTT LISITZA; DOES 1 through 100, inclusive, the Defendant, Case No. BC681500 (Cal. Super. Ct., Oct. 30, 2017), seeks to recover minimum wages under Industrial Welfare Commission and California Labor Code According to the complaint, Defendants required Plaintiff and the rest of the Class to work long hours without paying them compensation for the rest periods separate from their piece rate compensation; failed to pay Plaintiff and the rest of the Class all wages due after separation; and failed to provide Plaintiff and the rest of the Class with accurate itemized wage statements by failing to include the information required by Labor Code. Brotherhood Trucking is a licensed and bonded freight shipping and trucking company running freight hauling business from Rialto, California.[BN] The Plaintiff is represented by: Stephen Glick, Esq. M. Anthony Jenkins, Esq. LAW OFFICES OF STEPHEN GLICK 1055 Wilshire Boulevard, Suite 1480 Los Angeles, CA 90017 Telephone: (213) 387 3400 Facsimile: (213) 387 7872 BUILD.COM INC: Jurgens Seeks to Certify Mo. & Wiretap Act Classes ----------------------------------------------------------------- The Plaintiff in the lawsuit titled RHONDA JURGENS, individually and on behalf of all others similarly situated v. BUILD.COM, INC., Case No. 4:17-cv-00783-AGF (E.D. Mo.), seeks to certify the case as a class action on behalf of two classes defined as: (1) "Missouri Class." All individual Missouri citizens aged 18 years and over who used payment cards to purchase merchandise on the www.build.com website during the Missouri Class Period in or from the State of Missouri, using payment card accounts held in the State of Missouri, or for use in the State of Missouri, where such merchandise was primarily for personal, family, or household uses; and The "Missouri Class Period" is defined as starting five years preceding the date of filing of the Original Petition in this matter (Dec. 30, 2016) and extending to the date the Court certifies the Missouri Class. (2) "Wiretap Act Class." All individuals in the United States who used payment cards to purchase merchandise on the www.build.com website during the Wiretap Act Class Period. The "Wiretap Act Class Period" is defined as starting two years preceding the date of the filing of the Original Petition in this matter (Dec. 30, 2016) and extending to the date the Court certifies the Wiretap Act Class. Ms. Jurgens also asks the Court to appoint her as Class Representative and to appoint Michael Aschenbrener, Esq., and David Stampley, Esq., of KamberLaw LLC, as well as Steven F. Gaunt, Esq., of Steelman Gaunt & Horsefield, as Class Counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=2rAyLUdm The Plaintiff is represented by: Michael Aschenbrener, Esq. KAMBERLAW LLC 220 N Green St. Chicago, IL 60607 Telephone: (646) 964-9604 Facsimile: (212) 202-6364 E-mail: masch@kamberlaw.com - and - David A. Stampley, Esq. KAMBERLAW, LLC 142 West 57th Street New York, NY 10019 Telephone: (212) 920-3072 Facsimile: (212) 202-6364 E-mail: dstampley@kamberlaw.com - and - Stephen F. Gaunt, Esq. David L. Steelman, Esq. Patrick J. Horsefield, Esq. STEELMAN, GAUNT & HORSEFIELD 901 Pine Street, Suite 110 Rolla, MO 65401 Telephone: (573) 458-5231 Facsimile: (573) 341-8548 E-mail: sgaunt@steelmanandgaunt.com dsteelman@steelmanandgaunt.com phorsefield@steelmanandgaunt.com BUSH ROSS: Class Certification Under FDCPA Sought in "Kagno" Suit ----------------------------------------------------------------- The Plaintiff in the lawsuit entitled JULIET KAGNO, on behalf of herself and others similarly situated v. BUSH ROSS, P.A., Case No. 8:17-cv-01468-RAL-AEP (M.D. Fla.), asks the Court to certify this class: All persons (a) with a Florida address, (b) to whom Bush Ross, P.A., (c) from June 16, 2016 through October 11, 2017, (d) in connection with an attempt to collect any alleged debt incurred for personal, family, or household purposes, (e) mailed an initial debt collection communication not returned to Bush Ross, P.A. as undeliverable that: (1) stated "[u]nless the entire sum is paid within thirty (30) days of the date of this letter, we may proceed with action to protect the Association's interests, including, but not limited to the recording of a claim of lien, which can result in additional attorney's fees, costs and interest," and/or (2) stated "[i]f you notify the attorney named below within the said 30-day period that the aforesaid debt, or any portion thereof, is disputed, the attorney named below shall obtain written verification of said debt . . . and mail same to you," and/or (3) failed to provide a statement that, upon the consumer's written request within the 30-day period after receipt of the communication, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. In her Motion, Ms. Kagno alleges that Bush Ross sent her a written communication dated June 23, 2016, which violated the Fair Debt Collection Practices Act by, among other things, failing to inform her that Bush Ross need mail verification of the debt, or a copy of the judgment, if any, to her only if she notified Bush Ross in writing that she disputed the debt. Ms. Kagno also asks the Court to appoint her as class representative, and appoint her counsel as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=ZGMYkK7x The Plaintiff is represented by: Michael L. Greenwald, Esq. Jesse S. Johnson, Esq. GREENWALD DAVIDSON RADBIL PLLC 5550 Glades Road, Suite 500 Boca Raton, FL 33431 Telephone: (561) 826-5477 Facsimile: (561) 961-5684 E-mail: mgreenwald@gdrlawfirm.com jjohnson@gdrlawfirm.com BUSH ROSS: Has 30 Days to Finalize "Kagno" Class Suit Settlement ---------------------------------------------------------------- The Hon. Richard A. Lazzara denied as moot the Plaintiff's corrected motion for class certification and appointment of class counsel filed in the lawsuit entitled JULIET KAGNO, on behalf of herself and others similarly situated v. BUSH ROSS, P.A., Case No. 8:17-cv-01468-RAL-AEP (M.D. Fla.). The parties shall have 30 days to finalize their settlement agreement and for the Plaintiff to file her motion for preliminary approval of the class action settlement, Judge Lazzara ruled. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=qcY1sPvw C.R. ENGLAND: Misclassifies Trucks Drivers, "Silva" Suit Claims --------------------------------------------------------------- CARLOS SILVA, an individual, on behalf of himself, and on behalf of all persons similarly situated v. C.R. ENGLAND, INC., a Utah Corporation; C.R. ENGLAND, INC. PROFIT SHARING; ADMINISTRATIVE COMMITTEE OF THE C.R. ENGLAND, INC.PROFIT SHARING; C.R. ENGLAND, INC. HEALTH AND WELFARE BENEFIT PLAN; ADMINISTRATIVE COMMITTEE OF THE C.R. ENGLAND, INC.HEALTH AND WELFARE BENEFIT PLAN, Case No. 3:17-cv-02099-LAB-JLB (S.D. Cal., October 12, 2017), alleges that from January 2012 to December 2015, Plaintiff worked for C.R. England as a Truck Driver and was classified as an independent contractor and was not entitled to benefits under the C.R. England plans. Due to misclassification and improper characterization of its Truck Drivers as "independent contractors," the company fails to provide its Truck Drivers the same retirement, health, and other benefits it provides to all its other employees pursuant to several employee pension and welfare benefit plans-specifically, the C.R. England, Inc. Profit Sharing and the C.R. England, Inc. Health and Welfare Benefit Plan-established under and governed by ERISA.[BN] The Plaintiffs are represented by: Norman B. Blumenthal, Esq. BLUMENTHAL, NORDREHAUG & BHOWMIK, LLP 2255 Calle Clara La Jolla, CA 92037-3107 Tel: (858) 551-1223 Fax: (858) 551-1232 CABOT OIL: Misclassifies Workers, "Conley" Suit Alleges ------------------------------------------------------- JACKIE D. CONLEY, individually and on behalf of all others similarly situated v CABOT OIL AND GAS CORPORATION, Case No. 2:17-cv-01391-CB (W.D. Pa., October 26, 2017) seeks to recover unpaid overtime wages and other damages from Cabot Oil under the Fair Labor Standards Act ("FLSA") and the Pennsylvania Minimum Wage Act, 43 Pa. Stat. Ann. Sec. 333.104 ("PMWA"). Cabot is an oil and natural gas exploration and production company operating worldwide and throughout the United States, including in Pennsylvania. To provide services to many of its customers, Cabot contracts with certain companies to provide it with personnel to perform the necessary work. Many of these individuals worked for Cabot on a day-rate basis, were misclassified as independent contractors, and make up the proposed Putative Class, according to the lawsuit. While exact job titles and job duties may differ, these employees are subjected to the same or similar illegal pay practices for similar work. Cabot classified all of these workers as independent contractors and paid them a flat sum for each day worked, regardless of the number of hours that they worked that day (or in that workweek) and failed to provide them with overtime pay for hours that they worked in excess of 40 hours in a workweek. Cabot has violated, and is violating, Section 7 of the FLSA, 29 U.S.C. Sec. 207, by employing employees in an enterprise engaged in commerce or in the production of goods for commerce within the meaning of the FLSA for workweeks longer than 40 hours without compensating those employees for their employment in excess of 40 hours per week at rates no less than 1-1/2 times the regular rates for which they were employed. Conley and each member of the Pennsylvania Class seek unpaid overtime in amount equal to 1.5 times the regular rate of pay for work performed in excess of 40 hours in a workweek, prejudgment interest, all available penalty wages, and such other legal and equitable relief.[BN] The Plaintiff is represented by: Joshua P. Geist, Esq. GOODRICH & GEIST, P.C. 3634 California Ave. Pittsburgh, PA 15212 Tel: (412) 766-1455 Fax: (412)766-0300 E-mail: josh@goodrichandgeist.com - and - Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. JOSEPHSON DUNLAP LAW FIRM 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Tel: 713-352-1100 Fax: 713-352-3300 E-mail: mjosephson@mybackwages.com adunlap@mybackwages.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH, P.L.L.C. 8 Greenway Plaza, Suite 1500 Houston, TX 77046 713-877-8788 Telephone: 713-877-8065 Facsimile: rburch@brucknerburch.com CALIFORNIA SERVICE: West Seeks Certification of Class Under TCPA ---------------------------------------------------------------- The Plaintiffs in the lawsuit captioned SANDRA WEST and HECTOR MEMBRENO, individually and on behalf of all other similarly situated v. CALIFORNIA SERVICE BUREAU, INC., Case No. 4:16-cv- 03124-YGR (N.D. Cal.), pursuant to the Telephone Consumer Protection Act, seek certification of this class: All persons within the United States who, within the four years prior to the filing of the complaint in this action, through the date of class notice (the "Class period"), Defendant or its agent/s or employee/s caused to be made at least 2 telephone calls using its Global Connect dialer to said person's cellular telephone through the use of any automatic telephone dialing system or an artificial or prerecorded voice, where such person was not listed in Defendant's records as the intended recipient of the calls. The Plaintiffs also ask that the Court appoint them as Class Representatives, and appoint Bursor & Fisher, P.A. and Martin & Bontrager, APC, as Class Counsel. The Court will commence a hearing on December 5, 2017, at 2:00 p.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=Y2oC5OgM Plaintiff Hector Membreno is represented by: Scott A. Bursor, Esq. Yitzchak Kopel, Esq. BURSOR & FISHER, P.A. 888 Seventh Avenue New York, NY 10019 Telephone: (212) 989-9113 Facsimile: (212) 989-9163 E-mail: scott@bursor.com ykopel@bursor.com - and - L. Timothy Fisher, Esq. Yeremey Krivoshey, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 E-mail: ltfisher@bursor.com ykrivoshey@bursor.com Plaintiff Sandra West is represented by: G. Thomas Martin, III, Esq. Nicholas J. Bontrager, Esq. MARTIN & BONTRAGER, APC 6464 W. Sunset Boulevard, Suite 960 Los Angeles, CA 90028 Telephone: (323) 940-1700 Facsimile: (323) 238-8095 E-mail: tom@mblawapc.com nick@mblawapc.com CARDONE TRAINING: Orozco Sues over Work Disparate Treatment ----------------------------------------------------------- PEDRO OROZCO, on behalf of himself and others similarly situated, Plaintiff, v. CARDONE TRAINING TECHNOLOGIES, INC., A Foreign Profit Corporation Defendant, the Defendant, Case No. 63017332 (Circuit Court of the Eleven Judicial Circuit in and for Miami- Dade County, FL, Oct. 18, 2017), seeks to recover damages as a result of Defendant's violation of the Fair Credit Reporting Act. According to the complaint, Mr. Orozco worked for Defendant from February 15, 2015, through his constructive discharge on January 4, 2016. Immediately upon Plaintiffs hiring, Plaintiff, and other employees of Defendant, were instructed/directed, that they were required to attend Scientology training and education, as a term and condition of her/their employment with Defendant. Plaintiff, and others, objected to Defendant's insistence that employees be required to attend Scientology training and education, as a term and condition his/their employment. As a result of such objections to Defendant's insistence on Scientology training/education, Plaintiff, and others similarly situated, were subjected to disparate treatment such as a hostile work environment and unfavorable working conditions. Those individuals who agreed to Defendant's requirement that employees attend Scientology training and education, were not subjected to adverse treatment. Plaintiff, and others, were fired and/or or forced to leave as a result of her/their direct refusal to adhere to the principles of Scientology as a term and condition of his/their employment with Defendant. The Defendant operates, among others, a company that "primarily develops visual and audio products geared towards enhancing individuals and corporation's production through sales."[BN] The Plaintiff is represented by: Noah E. Storch, Esq. Richard Celler, Esq. RICHARD CELLER LEGAL, P.A. 7450 Griffin Road, Suite 230 Davie, FL 33314 Telephone: (866) 344 9243 Facsimile: (954) 337 2771 E-mail: noah@floridaovertimelawyer.com richard@fioridaovertimelawyer.com CEMPRA INC: "Tran" Suit Seeks to Block Sale to Melinta ------------------------------------------------------ Nhu Tran, individually and on behalf of all others similarly situated, Plaintiffs, v. Cempra Inc., Garheng Kong, David Zaccardelli, Michael R. Dougherty, David Gill, Dov A. Goldstein, John H. Johnson, Richard Kent and P. Sherrill Neff, Defendants, Case No. 1:17-cv-00870, (M.D. N.C., September 27, 2017), seeks to preliminarily and permanently enjoin defendants and all persons acting in concert with them from proceeding with, consummating, or closing the acquisition of Cempra by Melinta, awarding rescissory damages in the event defendants consummate the merger, reasonable allowance for plaintiff's attorneys' and experts' fees and such other and further relief under the Securities Exchange Act of 1934. Melinta stockholders are expected to own 51.9% of the post-close Cempra while former Cempra stockholders are expected to own 48.1% of the newly-formed Melinta Therapeutics. Plaintiff alleges that this does not reflect a fair value of the company. The merger documents omitted the company's financial projections and the analyses critical from Morgan Stanley and Co. LLC in evaluating the company's offer price, says the complaint. Cempra is clinical-stage pharmaceutical company focusing on anti- bacterial drugs for critical medical needs where Kong serves as Chairman of the Board. [BN] Plaintiff is represented by: Juan E. Monteverde, Esq. MONTEVERDE & ASSOCIATES PC The Empire State Building 350 Fifth Avenue, 59th Floor New York, NY 10118 Telephone: (212) 971-1341 Email: jmonteverde@monteverdelaw.com - and - Janet Ward Black, Esq. Nancy Meyers, Esq. WARD BLACK LAW 208 W. Wendover Ave. Greensboro, NC 27401 Tel: (336) 333-2244 Fax: (336) 379-9415 Email: jwblack@wardblacklaw.com CHESAPEAKE ENERGY: "Herbert" Suit Seeks Unpaid Overtime Wages ------------------------------------------------------------- Joseph Hebert, Plaintiff, v. Chesapeake Energy Corp., Chesapeake Energy Marketing, LLC, Defendants, Case No. 2:17-cv-00852 (S.D. Ohio, September 28, 2016), is a class and collective action seeking to recover unpaid overtime wages and other damages under the Fair Labor Standards Act, the Ohio Minimum Fair Wage Standards Act and the Ohio Prompt Pay Act. Chesapeake Energy Corp. is a corporation organized under Oklahoma law with its principal place of business at 6100 N. Western Avenue, Oklahoma City, Oklahoma 73118-1044. Chesapeake is an American petroleum and natural gas exploration company focused on discovering and developing its large geographically diverse resource base of unconventional oil and natural gas assets onshore in the United States. Hebert claims he was classified as independent contractor and paid by Chesapeake's day-rate system and paid workers a flat amount for each day worked and failed to pay them overtime for all hours that they worked in excess of 40 hours in a workweek. [BN] The Plaintiff is represented by: Robert E. DeRose, Esq. BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP 250 E. Broad St., 10th Floor Columbus, OH 43215 Telephone: (614) 221-4221 Fax: (614) 744-2300 Email: bderose@barkanmeizlish.com - and - Michael A. Josephson, Esq. Richard M. Schreiber, Esq. Andrew W. Dunlap, Esq. JOSEPHSON DUNLAP LAW FIRM 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Tel: (713) 352-1100 Fax: (713) 352-3300 Email: mjosephson@mybackwages.com adunlap@mybackwages.com rschreiber@mybackwages.com - and - Richard J. Burch, Esq. BRUCKNER BURCH, P.L.L.C. 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Tel: (713) 877-8788 Fax: (713) 877-8065 Email: rburch@brucknerburch.com CHL INC: Class of Employees Certified Under FLSA in "King" Suit --------------------------------------------------------------- The Hon. Susie Morgan grants in part the Plaintiff's motion for conditional certification and court-authorized notice pursuant to the Fair Labor Standards Act submitted in the lawsuit titled KEVIN KING v. CHL, INC.; and HOA KEVIN TRAN, Case No. 2:17-cv-03691-SM- JVM (E.D. La.). The Plaintiff is authorized to send notice of the pending lawsuit to the members of this conditional collective: All individuals who worked for CHL, Inc., d/b/a CHL Linens, or Hoa Kevin Tran at any time between April 19, 2014 to the present, and who were not paid overtime time-and-half premiums for working more than forty hours in a workweek. The Plaintiff is authorized to send notice via U.S. Mail, e-mail, and text message. The form of notice shall be as set forth in Plaintiff's original Motion for Conditional Certification, with those amendments as agreed to in Plaintiff's reply memorandum. Members of the collective shall have 60 days from the date of mailing to opt-in to this action, and any individuals who seek to opt-in after that date must show good cause for their delay. Judge Morgan directs the Defendants to provide the Plaintiff's counsel with the name, address, e-mail address, and last known telephone number of each member of the collective within 20 days of the entry of this order. The Plaintiff's request for disclosure of job titles, dates of employment, and individual compensation rates is denied without prejudice to renewing those requests at a later date. The Defendants are further ordered to place a copy of the notice on a bulletin board or other visible location at CHL Linens' usual place of business. The Plaintiff's request for equitable tolling is denied without prejudice to renewal at a later date. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=SBjHDIBx CORTECH LLC: Violates Minimum Wage Laws, "Smith" Suit Claims ------------------------------------------------------------ OTIS SMITH on behalf of himself and others similarly situated by and through his counsel v. CORTECH, LLC and KIMBERLY-CLARK CORPORATION Case No.4:17-cv-00734 (E.D. Tex., October 12, 2017), files this Collective Action Complaint against and seeks to recover for Defendants' violations of the Fair Labor Standards Act of 1938. Cortech, LLC is a foreign Limited Liability Company with its principal place of business in Atlanta, Georgia, and doing business in Texas, which can be served with process by serving its registered agent, Vincent Rossy, at 625 Williams Square Central Tower, 5215 North O'Connor Blvd., Irving, TX 75039, or wherever he may be found. Kimberly-Clark is a Foreign Corporation with its principal place of business in Neehah, Wisconsin, and doing business in Texas, which can be served with process by serving its registered agent, CT Corporation System at 1999 Bryan St., Ste. 900, Dallas, TX 75201. Smith is one of a number of hourly-paid, non-exempt employees, who worked as a "packer", for which the Defendants improperly recorded hours worked. Plaintiff alleges that the Defendants willfully engaged in a pattern of violating the FLSA by knowingly capping employees' recorded time in such a way that they were compensated for actual hours worked, and for failing to pay proper overtime compensation.[BN] The Plaintiffs are represented by: Charles W. Branham, III, Esq. Rachel C. Moussa, Esq. DEAN OMAR & BRANHAM, LLP 302 N. Market Street, Suite 300 Dallas, TX 75202 Tel: 214-722-5990 Fax: 214-722-5991 E-mail: tbranham@dobllp.com rmoussa@dobllp.com CYNOSURE INC: SculpSure Users' Suit Seek Damages ------------------------------------------------- Plastic Surgery Associates, Infinity Spa Orlando, LLC, Green Chrysalis Enterprise, LLC (d/b/a The Face Place), Renew Skin & Laser Centers, LLC (d/b/a Dermacare of Hampton Roads), Arizona Advanced Aesthetics, PLLC (d/b/a Enhanced Image Med Spa) and Advanced Health Weight Loss, S.C. d/b/a Options Medical Weight Loss, on behalf of themselves and all others similarly situated, Plaintiffs, v. Cynosure, Inc., a Delaware corporation, Defendant, Case No. 1:17-cv-11850 (D. Mass., September 27, 2017), seeks all appropriate damages, including trebling, restitution in the form of complete disgorgement of all revenue derived from sales or leasing of the SculpSure product, reasonable litigation expenses and attorneys' fees and such other injunctive and/or declaratory relief for breach of implied warranty of merchantability and for violation of the Massachusetts Consumer Protection Law. Cynosure specializes in the marketing and sale of medical devices utilizing laser technology for cosmetic and aesthetic use specifically in the area of noninvasive body-contouring, in particular the SculpSure Non-Invasive Body Contouring Platform that is sold to physicians, aesthetic surgery practices and medical spas across the United States. However, SculpSure seldom achieves results with just the single procedure. Said procedure also causes intolerable pain for the patient. [BN] Plaintiff is represented by: Lauren Guth Barnes, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 55 Cambridge Parkway, Suite 301 Cambridge, MA 02142 Tel: (617) 482-3700 Fax: (617) 482-3003 Email: lauren@hbsslaw.com - and - Elizabeth A. Fegan, Esq. Mark T. Vazquez, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 455 N. Cityfront Plaza Drive, Suite 2410 Chicago, IL 60611 Telephone: (708) 628-4949 Facsimile: (708) 628-4950 E-mail: beth@hbsslaw.com markv@hbsslaw.com - and - Steve W. Berman, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 1918 Eighth Avenue, Suite 3300 Seattle, WA 98101 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 Email: steve@hbsslaw.com - and - David Freydin, Esq. Timothy A. Scott, Esq. FREYDIN LAW FIRM LLP 8707 Skokie Blvd # 305 Skokie, IL 60077 Telephone: (847) 972-6157 DANIEL DEFENSE: Faces "Cryer" Suit over Mass Layoffs ---------------------------------------------------- David Cryer, on behalf of himself and a class of those similarly situated v. Daniel Defense Inc. Case No.4:17-cv-00197-WTM-GRS (S.D. Ga., October 19, 2017), is a civil action for collection of unpaid wages and benefits for 60 calendar days pursuant to the Worker Adjustment and Retraining Notification Act of 1988. Black Creek, Georgia-based Daniel Defense Inc. ordered the termination of the plaintiff's employment together with the termination of 100 other employees who worked at or reported to the Defendant's New Facility as part of mass layoff, for which they were entitled to receive a written notice 60 days prior to the termination date. Cryer and the class members seek an amount equal to the unpaid wages, salary, commissions, bonuses, accrued holiday pay, accrued vacation pay, pension and 401(k) contributions and other ERISA benefits that would have been covered and paid covering the 60-day period.[BN] Plaintiff is represented by: Andrew Lampros, Esq 1230 Peachtree St. NE Suite 950 Atlanta, GA 30309 Tel: 404/876-8100 Fax: 404-876-3477 DEVON ENERGY: Martinez Moves to Certify Safety Consultants Class ---------------------------------------------------------------- The parties in the lawsuit captioned LUIS MARTINEZ, Individually and on Behalf of All Others Similarly Situated v. DEVON ENERGY CORP., Case No. 5:17-cv-00300-W (W.D. Okla.), jointly move for conditional certification of the matter. The Parties agree to conditional certification of this class pursuant to the Fair Labor Standards Act, 29 U.S.C. Section 216(b): Current and former safety consultants employed by, or working on behalf of, Devon Energy Corp. during the three years prior to the date of certification who were classified as independent contractors and paid a day-rate. Mr. Martinez and Devon agree that, by Devon's agreement to conditional certification of the FLSA Class, Devon does not waive its right to argue that the FLSA Class should be decertified and/or to advance any defenses that it may have to the substantive claims in the lawsuit. The Parties have attached, for Court approval, their proposed forms for notice to putative class members and consent to join, e- mail notification, and telephone scripts for undeliverable mail. The Parties have further agreed to and propose certain schedule. A copy of the Joint Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=jeND1n6q The Plaintiff is represented by: Richard J. (Rex) Burch, Esq. Matthew S. Parmet, Esq. BRUCKNER BURCH PLLC 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Telephone: (713) 877-8788 Telecopier: (713) 877-8065 E-mail: rburch@brucknerburch.com mparmet@brucknerburch.com - and - Michael A. Josephson, Esq. JOSEPHSON DUNLAP LAW FIRM 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Telecopier: (713) 352-3300 E-mail: mjosephson@mybackwages.com The Defendant is represented by: Michael F. Lauderdale, Esq. Kristin M. Simpsen, Esq. MCAFEE & TAFT A PROFESSIONAL CORPORATION Tenth Floor, Two Leadership Square 211 N. Robinson Ave. Oklahoma City, OK 73102-0439 Telephone: (405) 235-9621 Telecopier: (405) 235-0439 E-mail: mike.lauderdale@mcafeetaft.com kristin.simpsen@mcafeetaft.com EQUIFAX INC: "Lawyer" Suit Moved to Southern Dist. of Texas ----------------------------------------------------------- The class action lawsuit JOAN LAWYER, Individually and on Behalf of all Others Similarly Situated, the Plaintiffs, v. EQUIFAX, INC., the Defendant, (Case No. _____) was removed on Oct. 18, 2017 from the 269th Judicial District Court of Harris County, Texas, to the United States District Court for the Southern District of Texas. The Southern District Court Clerk assigned Case No. 4:17- cv-03161 to the proceedings. The suit seeks to recover damages on behalf of an alleged class including "[a]ll natural or artificial persons or entities otherwise harmed by the data breach as a result of the negligent actions of the Defendant or their agents" and Plaintiffs estimate that "the total number of Class members is at least in the millions."[BN] The Plaintiffs are represented by: Robert C Hilliard, Esq. Catherine D Tobin, Esq. John B Martinez, Esq. Marion Reilly, Esq. HILLIARD MARTINEZ GONZALES LLP 719 S Shoreline Boulevard Corpus Christi, TX 78401 Telephone No: 361 882 1612 Facsimile No: 361 882 3015 E-mail: bobh@hmglawfirm.com cathenne@hmglawfirm.com john@hmglawfirm.com marion@hgmlawfirm.com EQUIFAX INC: "Katz" Sues Over Data Breach, Claims Damages ---------------------------------------------------------- Leslie Katz, Benjamin Katz and Josef Katz, individually and on behalf of all others similarly situated, Plaintiffs, v. Equifax, Inc., Defendant, Case No. 1:17-cv-03798, (N.D. Ga., September 28, 2017), seeks appropriate injunctive relief designed to ensure against the recurrence of a data breach by adopting and implementing the best security data practices to safeguard customers' financial and personal information and that would include, without limitation, an order and judgment directing Equifax to (1) encrypt and protect all data and (2) directing Equifax to provide to Plaintiffs and Class members extended credit monitoring services, pre judgment and post-judgment interest, costs of suit, including reasonable attorneys' fees and such other and further relief resulting from negligence, unjust enrichment under the Fair Credit Reporting Act and various state data protection statutes. Equifax is a credit-reporting company that track and rates the financial history of U.S. consumers. The companies are supplied with data about loans, loan payments and credit cards, as well as information on everything from child support payments, credit limits, missed rent and utilities payments, addresses and employer history. Equifax experienced a cybersecurity incident impacting approximately 143 million U.S. consumers exposing their names, Social Security numbers, birth dates, addresses, driver's license numbers and credit card numbers. Plaintiffs' personal and confidential information, was included in the massive data breach of Defendant's systems, says the complaint. [BN] Plaintiff is represented by: David Worley, Esq. James M. Evangelista, Esq. Kristi Stahnke McGregor, Esq. EVANGELISTA WORLEY, LLC 8100A Roswell Road, Suite 100 Atlanta, GA 30350 Tel: (404) 205-8400 Email: jim@ewlawllc.com david@ewlawllc.com kristi@ewlawllc.com - and - Jeffrey S. Abraham, Esq. Matthew E. Guarnero, Esq. ABRAHAM, FRUCHTER & TWERSKY, LLP One Penn Plaza, Suite 2805 New York, NY 10119 Tel: (212) 279-5050 Email: JAbraham@aftlaw.com MGuarnero@aftlaw.com EQUIFAX INC: Gladwell Sues Over Data Breach, Claims Damages ----------------------------------------------------------- Lisa Gladwell and Sharon Morgan, in behalf of all others similarly situated, Plaintiffs, v. Equifax, Inc., Equifax Credit Information Services LLC and Equifax Consumer Services LLC, Defendant, Case No. 5:17-cv-04061, (S.D. W.V., September 28, 2017), seeks compensatory, statutory, treble and punitive damages, costs of suit including the costs of notice of class action certification and judgment, and reasonable attorneys' fees resulting from invasion of privacy and for violation of the federal Fair Credit Reporting Act and breach duty of care. Equifax is a credit-reporting company that track and rates the financial history of U.S. consumers. The companies are supplied with data about loans, loan payments and credit cards, as well as information on everything from child support payments, credit limits, missed rent and utilities payments, addresses and employer history. Equifax experienced a cybersecurity incident impacting approximately 143 million U.S. consumers exposing their names, Social Security numbers, birth dates, addresses, driver's license numbers and credit card numbers. Plaintiffs claim to be victims of the data breach. Equifax, Inc. and Equifax Credit Information Services LLC are engaged in the business of assembling, evaluating, and dispersing information concerning consumers for the purpose of furnishing consumer reports to third parties upon request. [BN] Elizabeth Hanes, Esq. CONSUMER LITIGATION ASSOCIATES, P.C. 763 J. Clyde Morris Boulevard, Suite 1-A Newport News, VA 23601 Telephone: (757) 930-3660 Facsimile: (757) 930-3662 Email: elizabeth@clalegal.com EQUIFAX INC: "Gastineau" Sues Over Data Breach, Claims Damages -------------------------------------------------------------- Charles Gastineau, Blake McBride, Lisa Griggs, Jeff Seiter, Richard Huppert and David Crowe, individually and on behalf of all others similarly situated, Plaintiffs, v. Equifax, Inc., Defendant, Case No. 1:17-cv-03769, (N.D. Ga., September 27, 2017), seeks appropriate injunctive relief designed to ensure against the recurrence of a data breach by adopting and implementing the best security data practices to safeguard customers' financial and personal information and that would include, without limitation, an order and judgment directing Equifax to encrypt and protect all data and directing Equifax to provide to Plaintiffs and Class members extended credit monitoring services, pre judgment and post-judgment interest, costs of suit, including reasonable attorneys' fees and such other and further relief resulting from negligence and under the Fair Credit Reporting Act and various consumer protections statutes and data protection laws. Equifax is a credit-reporting company that track and rates the financial history of U.S. consumers. The companies are supplied with data about loans, loan payments and credit cards, as well as information on everything from child support payments, credit limits, missed rent and utilities payments, addresses and employer history. Equifax experienced a cybersecurity incident impacting approximately 143 million U.S. consumers exposing their names, Social Security numbers, birth dates, addresses, driver's license numbers and credit card numbers. Plaintiffs' personal and confidential information, was included in the massive data breach of Defendant's systems. [BN] Plaintiff is represented by: Corey D. Holzer, Esq. Marshall P. Dees, Esq. HOLZER & HOLZER, LLC 1200 Ashford Parkway, Suite 410 Atlanta, GA 30338 Tel: (770) 392-0090 Fax: (770) 392-0029 Email: cholzer@holzerlaw.com mdees@holzerlaw.com - and - 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 - and - Jim Wyly, Esq. WYLY ROMMEL, PLLC 4004 Texas Blvd. Texarkana, TX 75503 Telephone: (903) 334-8646 Email: jwyly@wylyrommel.com EQUIFAX INFO: "Lemmon" Suit Seeks Damages Over Data Breach ---------------------------------------------------------- Leonard A. Lemmon, individually and on behalf of all others similarly situated, Plaintiff, v. Equifax Information Solutions, LLC, Defendants, Case No. 2:17-cv-01464, (W.D. Wash., September 27, 2017), seeks actual damages and reasonable attorney's fees and costs pursuant to the Fair Credit Reporting Act. Equifax allegedly failed to protect and secure consumers' personal identifying information, including full names, social security numbers, dates of birth, addresses and some driver's license numbers some 143 million individuals during a data breach on July 29, 2017. Equifax, a global corporation that organizes, assimilates and analyzes data on more than 820 million consumers and more than 91 million businesses worldwide, and its database includes employee data contributed from more than 7,100 employers. [BN] Plaintiff is represented by: Beth E. Terrell, Esq. Erika L. Nusser, Esq. Elizabeth A. Adams, Esq. TERRELL MARSHALL LAW GROUP PLLC 936 North 34th Street, Suite 300 Seattle, WA 98103-8869 Telephone: (206) 816-6603 Facsimile: (206) 350-3528 Email: bterrell@terrellmarshall.com eadams@terrellmarshall.com enusser@terrellmarshall.com - and - James A. Francis, Esq. John Soumilas, Esq. FRANCIS & MAILMAN, P.C. Land Title Building, 19th Floor 100 South Broad Street Philadelphia, PA 19110 Telephone: (215) 735-8600 Facsimile: (215) 940-8000 Email: jfrancis@consumerlawfirm.com jsoumilas@consumerlawfirm.com EVO INCORPORATED: Class of Field Hands Certified in "Hobbs" Suit ---------------------------------------------------------------- The Hon. Melinda Harmon entered an opinion and order in the lawsuit entitled JEROD HOBBS, et al. v. EVO INCORPORATED, et al., Case No. 4:16-cv-00770 (S.D. Tex.), granting the Plaintiffs' motion for conditional certification and issuance of notice to potential class members. The conditionally certified class is defined as: All field hands operating still and/or video cameras attached to wireline trucks in workover, drilling and completion operations in the oil and gas industry, or held similar job positions that included similar job duties, employed by Defendant EVO, from March 24, 2013, through the Court's entry of this Order in the geographical area of West Virginia. Judge Harmon ruled that within 10 days of the entry of the Order, the Defendants must disclose to the Plaintiffs the names, job titles, last known addresses, e-mail addresses, mobile phone numbers, and dates of employment of putative class members in a usable electronic format. Within 10 days of the Defendants providing this information, the Plaintiffs shall send copies of the notice and consent forms to putative class members, and may send a second copy 25 days after the first copy is sent in order to confirm receipt. Forty-five days from the first mailing of notice will be the deadline for putative class members to file their notice and consent forms. Class members, who have not submitted their notice and consent forms by this date may not join the lawsuit unless stipulated to by the parties or good cause is shown. The Court has read the proposed notice and consent form and finds it acceptable, but modifies the class description to be restricted to the geographical area of West Virginia, and the Defendants have not argued that the notice form or the notice schedule is improper. Also pending before the Court is Defendant Sam Copeman's Motion to File an Amended Declaration in Support of His Motion to Dismiss. On May 5, 2017, Mr. Copeman filed an unopposed motion to withdraw his Motion to Dismiss. Accordingly, the motion to file an amended declaration in support of the motion to dismiss is moot, Judge Harmon further ruled. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=4on595Aw EXCELSIOR COLLEGE: Williams et al. Sue Over Nursing Program ----------------------------------------------------------- Shewanda Williams, Bryan D. Hunter, Jeff Gordon, Micki Marie Dickerson, Kevin Philpott, Kabwike Ntanga, Bruse Ogilvie Kimberly Robertson-Davidson, John Lowman, Ryan Matthew Cavo, Kelli Ramsey- Gunn v Excelsior College, Case No. 1:17-cv-06263 (E.D.N.Y., October 26, 2017), is a class action to address misrepresentations and omissions made by Excelsior College in connection with its Associate Degree in Nursing ("ADN") program. Excelsior represents publicly that Excelsior is a private entity, headquartered in Albany, New York, which purports to provide distance educational services to consumers nationwide in the area of nursing, among other degrees. Excelsior's activities in operating its Associate Degree in Nursing ("ADN") program occur in New York. Excelsior does not operate its program through separate subsidiaries outside of New York. Although Excelsior suggests that it has buildings in states where consumers, including the Plaintiffs, reside, Excelsior -- in addition to running the entire ADN program from New York -- conducts tests out of sites that are located in jurisdictions that are not necessarily where Plaintiffs reside. The test centers are not permanent in nature. By way of example, on August 3, 2017, Excelsior advised exam takers that the "CPNE scheduling has been suspended" at four different Georgia sites. According to the complaint, Excelsior misrepresents that there are testing sites available for consumers to take the CPNE within a few months. After enrolling and spending significant time and resources in the Excelsior program, the Plaintiffs find that the representations regarding the sites are not true. Excelsior has difficulties in maintaining and staffing its sites with qualified "examiners." Excelsior fails to inform consumers of these failures and difficulties, and Plaintiffs often wait for months to be assigned a testing site. Excelsior has egregiously forced certain Plaintiffs who were CPNE eligible to wait over one year to take the CPNE. Excelsior continues to have outrageously long wait-times for the CPNE that they do not inform consumers about at the time of admission. Plaintiffs would not have enrolled in Defendant's program if they knew the truth about the CPNE wait-times or about the problems EC has with its CPNE testing sites. The Defendant also failed to disclose to consumers and potential consumers its associate nursing program graduation rates. As a result of the representations and omissions, Plaintiffs suffered significant losses, including funds expended in registration and annual fees, course fees, testing fees, workshop fees, conference fees, travel expenses, funds expended in relation to the deceptive program, and lost wages occasioned, in part, by waiting for months beyond the promised dates to take the CPNE.[BN] The Plaintiffs is represented by: John Hermina, Esq. HERMINA LAW GROUP Laurel Lakes Executive Park 8327 Cherry Lane Laurel, MD 20707 E-mail: law@herminalaw.com Tel: 301-776-2003 - and - Gregory Allen, Esq. LAW OFFICE OF GREGORY ALLEN 120 W. Wilson Avenue Glendale, CA 91203 Tel: 203-535-4636 FEDERAL EXPRESS: "Herrera" Suit Moved to C.D. California -------------------------------------------------------- The class action lawsuit titled Maria Herrera, as an individual and on behalf of all others similarly situated, the Plaintiff, v. Federal Express Corporation, a corporation, the Defendant, Does 1 through 50, inclusive, Case No. CIVDS1717645, was removed on Oct. 18, 2017 from the Superior Court State of California, San Bernardino, to the U.S. District Court for the District of Central District Of California (Eastern Division - Riverside). The District Court Clerk assigned Case No. 5:17-cv-02137-MWF-SHK to the proceeding. The case is assigned to the Hon. Judge Michael W. Fitzgerald. FedEx Corporation is an American multinational courier delivery services company headquartered in Memphis, Tennessee.[BN] The Plaintiff is represented by: Stephanie Emi Yasuda, Esq. YOON LAW APC One Wilshire Boulevard Suite 2200 Los Angeles, CA 90017 Telephone: (213) 612 0988 Facsimile: (213) 947 1211 E-mail: syasuda@yoonlaw.com - and - Brian G Lee, Esq. Kenneth H Yoon, Esq. YOON LAW APC One Wilshire Boulevard Suite 2200 Los Angeles, CA 90017 Telephone: (213) 612 0988 Facsimile: (213) 947 1211 E-mail: blee@yoonlaw.com kyoon@yoon-law.com - and - George Samuel Cleaver, Esq. G SAMUEL CLEAVER LAW OFFICES 5670 Wilshire Boulevard 18th Floor Los Angeles, CA 90036 Telephone: (323) 648-6676 Facsimile: (323) 417-5071 E-mail: sam@gscleaverlaw.com The Defendant is represented by: Jane M Flynn, Esq. David S Wilson, III, Esq. Federal Express Corporation 2601 Main Street Suite 340 Irvine, CA 92614 Telephone: (949) 862 4656 Facsimile: (901) 492 5641 E-mail: jane.flynn@fedex.com dswilson@fedex.com FINANCIAL RECOVERY: Class Certification Sought in "Guerrido" Suit ----------------------------------------------------------------- Jennie Guerrido moves the Court to certify the class described in the complaint of the lawsuit styled JENNIE GUERRIDO, Individually and on Behalf of All Others Similarly Situated v. FINANCIAL RECOVERY SERVICES, INC., Case No. 2:17-cv-01503-LA (E.D. Wisc.), and further asks that the Court both stay the motion for class certification and to grant the Plaintiff (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the motion. Dicta in the Supreme Court's decision in Campbell-Ewald Co. v. Gomez, left open the possibility that a defendant facing a class action complaint could moot a class representative's case by depositing funds equal to or in excess of the maximum value of the plaintiff's individual claim with the court and having the court enter judgment in the plaintiff's favor prior to the filing of a class certification motion, the Plaintiff asserts, citing Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016). To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion. Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011), overruled on other grounds, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015) ("The pendency of that motion [for class certification] protects a putative class from attempts to buy off the named plaintiffs."). The Plaintiff is obligated to move for class certification to protect the interests of the putative class, the Plaintiff contends. The Plaintiff adds that more than one defendant has already attempted the scheme contemplated in Campbell-Ewald. See Severns v. Eastern Account Systems of Connecticut, Inc., Case No. 15-cv-1168, 2016 U.S. Dist. LEXIS 23164 (E.D. Wis. Feb. 24, 2016). Judge Randa denied the defendant's request to deposit funds on grounds that a class certification motion was pending. As the Motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when short motion to certify and stay should suffice until an amended motion is filed, the Plaintiff contends. The Plaintiff also asks to be appointed as class representative, and for the appointment of Ademi & O'Reilly, LLP, as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=oKq9btuU The Plaintiff is represented by: John D. Blythin, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: jblythin@ademilaw.com FIRST RESOLUTION: Seeks Prelim. Okay of "Islas" Suit Settlement --------------------------------------------------------------- The parties in the lawsuit entitled JOSEPH L. ISLAS, an individual, on behalf of himself and all others similarly situated v. FIRST RESOLUTION INVESTMENT CORP., UNIFUND CCR, LLC, and UNIFUND CCR PARTNERS, Case No. 1:16-cv-00141-GNS-HBB (W.D. Ky.), jointly ask the Court for an order: (1) certifying the five classes for settlement purposes only; (2) preliminarily approving their proposed settlement agreement; (3) appointing the Plaintiff as representative of the Class, and appointing the Plaintiff's attorneys as counsel for the Class; (3) directing notice to the Class; and (4) setting dates for opt-outs, objections, and a hearing under Rule 23(e)(2) of the Federal Rules of Civil Procedure for final approval of the Settlement Agreement and the granting of a final judgment. Pursuant to the material terms of the Settlement Agreement, the Parties have agreed to settle the instant action, on a class-wide basis and subject to Court approval. The Defendants agree to provide substantial monetary relief and account credits to the Plaintiff and the Class. The Parties agree and request that the Court should certify five classes and subclasses for settlement: a. Prejudgment Court Costs Class: Class I: All Kentucky consumers against whom First Resolution Investment Corp., Unifund CCR, LLC and or Unifund CCR Partners and or their respective predecessors in interest, agents, employees, or representatives (collectively, "Defendants"), filed a lawsuit in Kentucky, obtained a judgment against the consumer, and attempted to collect or did collect via a post-judgment garnishment between September 1, 2015 and the date the Court signs the order preliminarily approving the Settlement Agreement, prejudgment court costs from the consumer without filing a bill of costs itemizing the prejudgment court costs Defendants attempted to recover, or actually recovered. Subclass A: Those members of Class I against whom Defendants actually collected prejudgment court costs without filing a bill of costs itemizing the costs recovered from the consumer. Subclass B: Those members of Class I against whom Defendants attempted to, but did not collect prejudgment court costs without filing a bill of costs itemizing the costs sought to be recovered from the consumer. b. Judgment Lien Filing Fee Class: Class II: All Kentucky consumers against whom First Resolution Investment Corp., Unifund CCR, LLC and or Unifund CCR Partners and or their respective predecessors in interest, agents, employees, or representatives (collectively, "Defendants"), filed a lawsuit in Kentucky, obtained a judgment against the consumer, and attempted to collect or did collect via a post-judgment garnishment between September 1, 2015 and the date the Court signs the order preliminarily approving the Settlement Agreement, a post-judgment filing fee paid by Defendants to file a "Notice of Judgment Lien Upon Real Estate" pursuant to a judgment entered against the consumer. Subclass A: Those members of Class II against whom Defendants actually collected a post-judgment filing fee paid by Defendants to file a "Notice of Judgment Lien Upon Real Estate" pursuant to a judgment entered against the consumer. Subclass B: Those members of Class II against whom Defendants attempted to, but did not collect a post-judgment filing fee paid by Defendants to file a "Notice of Judgment Lien Upon Real Estate" pursuant to a judgment entered against the consumer. c. Garnishment Fee Class: Class III: All Kentucky consumers against whom First Resolution Investment Corp., Unifund CCR, LLC and or Unifund CCR Partners and or their respective predecessors in interest, agents, employees, or representatives (collectively, "Defendants"), filed a lawsuit in Kentucky, obtained a judgment against the consumer, and attempted to collect or did collect via a post-judgment garnishment between September 1, 2015 and the date the Court signs the order preliminarily approving the Settlement Agreement, a post-judgment garnishment fee paid by Defendants to either a garnishee or a clerk of court to file a garnishment to enforce a judgment entered against a consumer. Subclass A: Those members of Class III against whom Defendants actually collected a post-judgment garnishment fee paid by Defendants to file a garnishment to enforce a judgment entered against the consumer. Subclass B: Those members of Class III against whom Defendants attempted to, but did not collect a post-judgment garnishment fee paid by Defendants to file a garnishment to enforce a judgment entered against the consumer. d. Prejudgment Interest Rate Class: Class IV: All Kentucky consumers against whom First Resolution Investment Corp., Unifund CCR, LLC and or Unifund CCR Partners and or their respective predecessors in interest, agents, employees, or representatives (collectively, "Defendants"), filed a lawsuit in Kentucky, obtained a judgment against the consumer, and attempted to collect or did collect via a post-judgment garnishment between September 1, 2015 and the date the Court signs the order preliminarily approving the Settlement Agreement, prejudgment interest at a rate or amount in excess of 8% per annum simple interest. Subclass A: Those members of Class IV against whom Defendants actually collected prejudgment interest at a rate or in an amount in excess of 8% per annum simple interest on a judgment entered against the consumer. Subclass B: Those members of Class IV against whom Defendants attempted to, but did not collect prejudgment interest at a rate or in an amount in excess of 8% per annum simple interest on a judgment entered against the consumer. e. Post-Judgment Interest Rate Class: Class V: All Kentucky consumers against whom First Resolution Investment Corp., Unifund CCR, LLC and or Unifund CCR Partners and or their respective predecessors in interest, agents, employees, or representatives (collectively, "Defendants"), filed a lawsuit in Kentucky, obtained a judgment against the consumer, and attempted to collect or did collect via a post-judgment garnishment between September 1, 2015 and the date the Court signs the order preliminarily approving the Settlement Agreement, post-judgment interest in a rate or amount in excess of the statutory rate of 12% per year, compounded annually, from the date of judgment. Subclass A: Those members of Class V against whom Defendants actually collected post-judgment interest at a rate or in an amount in excess of the statutory rate of 12% per year, compounded annually, on a judgment entered against the consumer. Subclass B: Those members of Class V against whom Defendants attempted to, but did not collect post-judgment interest at a rate or in an amount in excess of the statutory rate of 12% per year, compounded annually, on a judgment entered against the consumer. With respect to participating settlement class members, the Defendants will issue these settlement benefits: a. Class I: Prejudgment Court Costs Class Subclass A: Those members of Class I against whom Defendants actually collected prejudgment court costs without filing a bill of costs itemizing the costs recovered from the consumer. Settlement Benefits: Defendants shall credit the Class Members' Judgment Balance the prejudgment court costs sought to be collected, including the court costs actually collected, plus an additional Judgment Balance credit of $25. Subclass B: Those members of Class I against whom Defendants attempted to, but did not collect prejudgment court costs without filing a bill of costs itemizing the costs sought to be recovered from the consumer. Settlement Benefits: Defendants shall credit the Class Members' Judgment Balance the prejudgment court costs sought to be collected. b. Class II: Judgment Lien Filing Fee Class Subclass A: Those members of Class II against whom Defendants actually collected a post-judgment filing fee paid by Defendants to file a "Notice of Judgment Lien Upon Real Estate" pursuant to a judgment entered against the consumer. Settlement Benefits: Defendants shall credit the Class Members' Judgment Balance the amount of the judgment lien filing fee sought to be collected in the amount of $13, plus an additional Judgment Balance credit of $25. Subclass B: Those members of Class II against whom Defendants attempted to, but did not collect a post-judgment filing fee paid by Defendants to file a "Notice of Judgment Lien Upon Real Estate" pursuant to a judgment entered against the consumer. Settlement Benefits: Defendants shall credit the Class Members' Judgment Balance the amount of the judgment lien filing fee sought to be collected in the amount of $13. c. Class III: Garnishment Filing Fee Class Subclass A: Those members of Class III against whom Defendants actually collected a post-judgment garnishment fee paid by Defendants to file a garnishment to enforce a judgment entered against the consumer. Settlement Benefits: Defendants shall credit the Class Members' Judgment Balance the amount of the garnishment costs sought to be collected, including the garnishment costs actually collected, plus an additional Judgment Balance credit of $25. Subclass B: Those members of Class III against whom Defendants attempted to, but did not collect a post-judgment garnishment fee paid by Defendants to file a garnishment to enforce a judgment entered against the consumer. Settlement Benefits: Defendants shall credit the Class Members' Judgment Balance the amount of the garnishment costs sought to be collected. d. Class IV: Prejudgment Interest Rate Class Subclass A: Those members of Class IV against whom Defendants actually collected prejudgment interest at a rate or in an amount in excess of 8% per annum simple interest on a judgment entered against the consumer. Settlement Benefits: Defendants shall credit the Class Members' Judgment Balance the amount of prejudgment interest sought to be collected in excess of 8% per annum simple interest, including the prejudgment interest actually collected in excess of 8% per annum simple interest, plus an additional Judgment Balance credit of $25. Subclass B: Those members of Class IV against whom Defendants attempted to, but did not collect prejudgment interest at a rate or in an amount in excess of 8% per annum simple interest on a judgment entered against the consumer. Settlement Benefits: Defendants shall credit the Class Members' Judgment Balance the amount of prejudgment interest sought to be collected in excess of 8% per annum simple interest. e. Class V: Post-Judgment Interest Rate Class Subclass A: Those members of Class V against whom Defendants actually collected post-judgment interest at a rate or in an amount in excess of the statutory rate of 12% per year, compounded annually, on a judgment entered against the consumer. Settlement Benefits: Defendants shall credit the Class Members' Judgment Balance the amount of post-judgment interest sought to be collected in excess of the statutory rate of 12% per year, compounded annually, from the date of judgment, including the amount of post-judgment interest rate in excess of the statutory rate of 12% per year, compounded annually, actually collected, plus an additional Judgment Balance credit of $25. Subclass B: Those members of Class V against whom Defendants attempted to, but did not collect post-judgment interest at a rate or in an amount in excess of the statutory rate of 12% per year, compounded annually, on a judgment entered against the consumer. Settlement Benefits: Defendants shall credit the Class Members' Judgment Balance the amount of post-judgment interest sought to be collected in excess of the statutory rate of 12% per year, compounded annually, from the date of judgment. A copy of the Joint Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=2Tk13ViF The Plaintiff is represented by: James R. McKenzie, Esq. JAMES R. MCKENZIE ATTORNEY, PLLC 115 S. Sherrin Ave., Suite 5 Louisville, KY 40207 Telephone: (502) 371-2179 Facsimile: (502) 257-7309 E-mail: jmckenzie@jmckenzielaw.com - and - James H. Lawson, Esq. LAWSON AT LAW, PLLC 115 S. Sherrin Ave., Suite 5 Louisville, KY 40207 Telephone: (502) 473-6525 Facsimile: (502) 473-6561 E-mail: james@kyconsumerlaw.com The Defendants are represented by: Joseph N. Tucker, Esq. R. Brooks Herrick, Esq. DINSMORE & SHOHL LLP 101 S. Fifth St., Suite 2500 Louisville, KY 40202 Telephone: (502) 540-2300 Facsimile: (502) 585-2207 E-mail: joseph.tucker@dinsmore.com brooks.herrick@dinsmore.com FMC TECHNOLOGIES: Moten Moves to Certify Class of Engineers ----------------------------------------------------------- Christopher Moten and one additional engineer, who has filed his consent to become a party to the lawsuit entitled CHRISTOPHER MOTEN, Individually and on behalf of all others similarly situated v. FMC TECHNOLOGIES, INC., Case No. 4:17-cv-00419 (S.D. Tex.), ask the Court to conditionally certify a class of: "All Offshore Well Service/Installation Engineers Who Worked for FMC Technologies, Inc., At Any Time During the Past Three Years and Received a Salary and a Day Rate but No Overtime." Christopher Moten, pursuant to the Fair Labor Standards Act, seeks to recover unpaid overtime wages, liquidated damages, attorneys' fees, and costs owed to current and former Offshore Well Service/Installation Engineers, who worked for the Defendant. The Plaintiffs ask the Court to grant the Motion and: (1) conditionally certify the action for purposes of notice and discovery; (2) order that a judicially approved notice be sent to all Putative Class Members by mail and e-mail; (3) approve the form and content of Plaintiffs' proposed judicial notice and reminder notice; (4) order Defendant to produce to Plaintiffs' counsel the name, last known address, phone number, e-mail address and dates of employment for each of the Putative Class Members in a usable electronic format; and (5) authorize a sixty (60) day notice period for the Putative Class Members to join this case. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=c8AGtz4y The Plaintiffs are represented by: Clif Alexander, Esq. Austin W. Anderson, Esq. Lauren E. Braddy, Esq. Alan Clifton Gordon, Esq. Carter T. Hastings, Esq. ANDERSON2X, PLLC 819 N. Upper Broadway Corpus Christi, TX 78401 Telephone: (361) 452-1279 Facsimile: (361) 452-1284 E-mail: clif@a2xlaw.com austin@a2xlaw.com lauren@a2xlaw.com cgordon@a2xlaw.com carter@a2xlaw.com FORD MOTOR: Van Moves to Certify Women Workers Class ---------------------------------------------------- The Plaintiffs in the lawsuit styled CHRISTIE VAN, CHARMELLA LEVIEGE, MARIA PRICE, HELEN ALLEN, JACQUELINE BARRON, THERESA BOSAN, SHRANDA CAMPBELL, KETURAH CARTER, MICHELLE DAHN, TONYA EXUM, JEANNETTE GARDNER, ARLENE GOFORTH, CHRISTINE HARRIS, ORISSA HENRY, LAWANDA JORDAN, DANIELLE KUDIRKA, TERRI LEWIS-BLEDSOE, CONSTANCE MADISON, CEPHANI MILLER, MIYOSHI MORRIS, STEPHANIE SZOT, SHIRLEY THOMAS-MOORE, ROSE THOMAS, TONI WILLIAMS, BERNADETTE CLYBURN, ANGELA GLENN, LADWYNA HOOVER, LATRICIA SHANKLIN, ANTOINETTE SULLIVAN, DERRICKA THOMAS, and NICHEA WALLS, each individually and on behalf of similarly situated persons v. FORD MOTOR COMPANY, Case No. 1:14-cv-08708 (N.D. Ill.), moves for certification of a class defined as: All women working at the Ford Chicago Assembly Plant and Chicago Stamping Plant from January 2012 to present. The Plaintiffs include 31 women, who work or worked at one or both of Ford Motor Company's Chicago Assembly Plant and/or Chicago Stamping Plant between 2012 and the present. As female employees at the Stamping and Assembly plants, the Plaintiffs experienced blatant, egregious, severe and pervasive sexual harassment and gender based discrimination that characterizes the work environment to which women are and have been subjected for many years, according to the Motion. The Plaintiffs also move that the Court appoint one or more of them to be Class Representatives, and for the appointment of Hunt & Associates, P.C., as Class Counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=t2Np7G4J The Plaintiffs are represented by: Keith L. Hunt, Esq. Bradley E. Faber, Esq. HUNT & ASSOCIATES, P.C. Three First National Plaza 70 W. Madison St., Suite 2100 Chicago, IL 60602 Telephone: (312) 558-1300 E-mail: khunt@huntassoclaw.com bfaber@huntassoclaw.com The Defendant is represented by: Eugene Scalia, Esq. GIBSON, DUNN & CRUTCHER LLP 1050 Connecticut Ave., NW Washington, DC 20036 Telephone: (202) 955-8500 Facsimile: (202) 467-0539 E-mail: escalia@gibsondunn.com - and - Kathleen M. Nemechek, Esq. Timothy Millman, Esq. BERKOWITZ OLIVER WILLIAMS SHAW & EISENBRANDT LLP 2600 Grand Boulevard, Suite 1200 Kansas City, MO 64108 Telephone: (816) 561-7007 Facsimile: (816) 561-1888 E-mail: knemechek@berkowitzoliver.com tmillman@berkowitzoliver.com - and - Karen Kies DeGrand, Esq. DONOHUE BROWN MATHEWSON & SMYTH LLC 140 South Dearborn Street, Suite # 800 Chicago, IL 60603 Telephone: (312) 422-0900 E-mail: karen.degrand@dbmslaw.com FRONTLINE ASSET: Ahmed's Bid to Certify Class Withdrawn & Tossed ---------------------------------------------------------------- The Hon. Joseph F. Bianco terminated the Plaintiff's motion for class certification, and the related motions are terminated as moot, in the lawsuit titled RAHEEL AHMED, Individually and on behalf of the class members described herein v. FRONTLINE ASSET STRATEGIES, LLC; LVNV FUNDING, LLC; RESURGENT CAPITAL SERVICES, L.P., Case No. 17-cv-2893 (E.D.N.Y.), The parties have previously filed with the Court a stipulation declaring that the Defendants will not make any offer or tender to the Plaintiff, including an offer pursuant to Rule 68 of the Federal Rules of Civil Procedure, or tender, or a deposit of the full amount of the Plaintiff's individual claims in an account payable to the Plaintiff. The parties also agree that the Defendants may serve an offer or tender on a class wide basis at any time, provided that it copies all counsel of record. In consideration of the agreement, the Plaintiff stipulates to withdraw the pending motion for class certification without prejudice. A copy of the Order and Stipulation is available at no charge at http://d.classactionreporternewsletter.com/u?f=dtin6VQe The Plaintiff is represented by: Tiffany N. Hardy, Esq. EDELMAN COMBS LATTURNER & GOODWIN, LLC 20 S. Clark Street, Suite 1500 Chicago, IL 60603 Telephone: (312) 739-4200 Facsimile: (312) 419-0379 E-mail: thardy@edcombs.com - and - Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 44 Court Street, Suite 1217 Brooklyn, NY 11217 Telephone: (917) 373-9128 Facsimile: (718) 504-7555 E-mail: shakedlawgroup@gmail.com The Defendants are represented by: Arthur Sanders, Esq. BARRON & NEWBURGER, P.C. 30 South Main Street New City, NY 10956 Telephone: (845) 499-2990 E-mail: asanders@arthursanderslaw.com FUFI LLC: "Sepulveda" Suit Seeks Overtime Wage under FLSA --------------------------------------------------------- LUCY SEPULVEDA, and other similarly situated individuals, the Plaintiff(s), v. FUFI, LLC, a Florida Limited Liability Company; and MARIA F. ANAYA, individually, the Defendant, Case No. 63020981 (Circuit Court of the Eleventh Judicial Circuit, in and for Miami- Dade County, FL, Oct. 18, 2017), seeks to recover unpaid overtime wage compensation, as well as an additional amount as liquidated damages, costs, and reasonable attorney's fees under the Fair Labor Standards Act. According to the Plaintiff performed work for Defendants from on or about December 20, 2016, through on or about August 7, 2017 as a server. Plaintiff was an exempt employee, by virtue of the way Plaintiff was paid and/or Plaintiffs duties. Plaintiff was not paid for all hours worked, as proscribed by the laws of the United States and the State of Florida.[BN] The Plaintiff is represented by: Anthony M. Georges-Pierre, Esq. REMER & GEORGES-PIERRE, PLLC 44 West Flagler St., Suite 2200 Miami, FL 33130 Telephone: 305 416 5000 Facsimile: 305 416 5005 E-mail: agp@rgpattomeys.com apetisco@rgpattomeys.com rregueiro@tgbattomeys.com pn@rgpattotneys.com GENPACT SERVICES: Class Certification Sought in "O'Boyle" Suit -------------------------------------------------------------- Anne O'Boyle moves the Court to certify the class described in the complaint of the lawsuit titled ANNE O'BOYLE, Individually and on Behalf of All Others Similarly Situated v. GENPACT SERVICES LLC, Case No. 2:17-cv-01397-DEJ (E.D. Wisc.), and further asks that the Court both stay the motion for class certification and to grant the Plaintiff (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. Dicta in the Supreme Court's decision in Campbell-Ewald Co. v. Gomez, left open the possibility that a defendant facing a class action complaint could moot a class representative's case by depositing funds equal to or in excess of the maximum value of the plaintiff's individual claim with the court and having the court enter judgment in the plaintiff's favor prior to the filing of a class certification motion, the Plaintiff asserts, citing Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016). To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion. Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011), overruled on other grounds, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015) ("The pendency of that motion [for class certification] protects a putative class from attempts to buy off the named plaintiffs."). While the Seventh Circuit has held that the specific procedure described in Campbell-Ewald cannot force the individual settlement of a class representative's claims, the same decision cautions that other methods may prevent a plaintiff from representing a class, the Plaintiff tells the Court, citing Fulton Dental, LLC v. Bisco, Inc., No. 16-3574, 2017 U.S. App. LEXIS 10839 *9-10 (7th Cir. June 20, 2017). The Plaintiff asserts that one defendant has attempted a similar tactic by sending a certified check to the proposed class representative. Bonin v. CBS Radio, Inc., No. 16- cv-674-CNC (E.D. Wis.); see also 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). The Plaintiff is obligated to move for class certification to protect the interests of the putative class, the Plaintiff contends. As this Motion to Certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when short motion to certify and stay should suffice until an amended motion is filed, the Plaintiff contends. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=roHiaxSl The Plaintiff is represented by: John D. Blythin, Esq. Mark A. Eldridge, Esq. Jesse Fruchter, Esq. Ben J. Slatky, Esq. 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: jblythin@ademilaw.com meldridge@ademilaw.com jfruchter@ademilaw.com bslatky@ademilaw.com HERMES LANDSCAPING: Certification Sought in Rodriguez Suit ---------------------------------------------------------- The Plaintiffs in the lawsuit entitled ANTONIO CHAVEZ RODRIGUEZ, ISAAC CHAVEZ DUARTE, and JOSE ALFREDO SOTO SERVIN, on behalf of themselves and all others similarly situated v. HERMES LANDSCAPING, INC., Case No. 2:17-cv-02142-CM-KGG (D. Kan.), move the Court for conditional collective action certification and for approval of notice to those similarly-situated. Specifically, the Plaintiffs seek an order: (1) conditionally certifying the action as collective action under the Fair Labor Standards Act, 29 U.S.C. Section 216(b); (2) directing the Defendant to provide the Plaintiffs with a list of with a list of similarly-situated employees; and (3) approving the Plaintiffs' proposed Notice to potential opt-in Plaintiffs and allowing the Plaintiffs to send the Notice to potential opt-in Plaintiffs. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=tsaV1nrG The Plaintiffs are represented by: Patricia Kakalec, Esq. KAKALEC & SCHLANGER, LLP 85 Broad Street, 18th Floor New York, NY 10004 Telephone: (212) 500-6114 E-mail: pkakalec@kakalec-schlanger.com - and - Heather Schlozman, Esq. Mark Dugan, Esq. DUGAN SCHLOZMAN LLC 8826 Santa Fe Drive, Suite 307 Overland Park, KS 66212 Telephone: (913) 322-3528 E-mail: heather@duganschlozman.com mark@duganschlozman.com The Defendant is represented by: Patrick F. Hulla, Esq. Justin M. Dean, Esq. Jennifer K. Oldvader, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART 4520 Main Street, Suite 400 Kansas City, MO 64111 Telephone: (816) 271-1301 Facsimile: (816) 271-1303 E-mail: patrick.hulla@ogletreedeakins.com justin.dean@ogletreedeakins.com jennifer.oldvader@ogletreedeakins.com HUMANA AT HOME: Poggi's Cert. Bid Denied; Must Amend Suit Nov. 13 ----------------------------------------------------------------- The Hon. Susan C. Bucklew denied the Plaintiff's motion for conditional certification and facilitation of court-authorized notice in the lawsuit captioned DAVID POGGI, on his own behalf and others similarly situated v. HUMANA AT HOME 1, INC. and HUMANA, INC., Case No. 8:17-cv-00433-SCB-MAP (M.D. Fla.). In his motion, Mr. Poggi defined a putative nationwide class as: [A]ll non-exempt Healthcare Coordinators, Personal Health Coaches, Home Visit Field Case Managers, Wellness Coordinators and other similarly-situated customer contact employees who worked for Defendant from February 2014 to the present, who worked more than forty (40) hours per week, and who, by virtue of Defendant's unlawful "Workforce Optimization Policy," were not paid for: (a) all time spent working outside their regularly-scheduled shifts to complete their daily and/or weekly quota requirements; and/or (b) all electronically recorded rest periods of short duration (less than 20 minutes) as defined by 29 C.F.R. Section 785.18, et seq. "The flaw in Poggi's argument, however, is that this is not a case that lends itself to being a representative action, because individualized issues predominate. The Court is cognizant of Poggi's argument that this concern should be dealt with in the second step of the conditional certification analysis after discovery has been completed, but the individualized nature of the claims will not change once discovery has been completed," according to the order. Judge Bucklew ruled that Mr. Poggi may file a third amended complaint by November 13, 2017, for the sole purpose of adding Harry Cruz, Celine Daniel, Heather Teppe, Tharius Bethel, Chimere Ford, Cherilyn Marrero, and Sashana Nixon as named plaintiffs. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=Zp5Jm925 HYATT CORPORATION: Rap Al Sues over Biometric Information --------------------------------------------------------- Robin Rap Al, individually and on behalf of all others similarly situated, the Plaintiff, v., the Defendant, Case No. 2017CH14483 (in the Circuit Court of Cook County, Ill, Oct. 30, 2017), seeks to recover damages for Defendant's violations of the Illinois Biometric Information Privacy Act. According to the complaint, Hyatt employees in Illinois have been required to clock "in" and "out" of their work shifts by scanning their fingerprints, and Hyatt's biometric computer systems then verify the employee and clock the employee "in" or "out." Unlike traditional time clock punch cards which can be changed or replaced if lost or compromised, fingerprints are unique, permanent biometric identifiers1 associated with each employee. This exposes Defendant's workforce to serious and irreversible privacy risks. For example, if a fingerprint database is hacked, breached, or otherwise exposed, employees have no means by which to prevent identity theft and unauthorized tracking. BIPA expressly obligates Defendant to obtain an executed, written release from an individual, as a condition of employment, in order to capture, collect and store an individual's biometric identifiers, especially a fingerprint, and biometric information derived from it. BIPA further obligates Defendant to inform its employees in writing that a biometric identifier or biometric information is being collected or stored; to tell its employees in writing for how long it will store their biometric information and any purposes for which biometric information is being captured, collected, and used; and to make available a written policy disclosing when it will permanently destroy such information. Hyatt Hotels Corporation is an American multinational owner, operator, and franchiser of hotels, resorts, and vacation properties.[BN] The Plaintiff is represented by: Frank Castiglione, Esq. Kasif Khowaja, Esq. The Khowaja Law Firm, LLC 70 East Lake Street, Suite 1220 Chicago, IL 60601 Telephone: (312) 356 3200 Facsimile: (312) 386 5800 E-mail: fcastiglione@khowajalaw.com kasif@khowajalaw.com - and - James X. Bormes, Esq. Catherine P. Sons, Esq. LAW OFFICE OF JAMES X. BORMES, P.C. 8 South Michigan A venue, Suite 2600 Chicago, IL 60603 Telephone: (312) 201 0575 Facsimile: (312) 332 0600 E-mail: jxbormes@bormeslaw.com cpsons@bonneslaw.com INTERACTIVE BROKERS: "Batchelar" Class Action Dismissed ------------------------------------------------------- Robert Scott Batchelar, Individually and on behalf of all others similarly situated, Plaintiff, v. Interactive Brokers, LLC, Interactive Brokers Group, Inc. and Thomas A. Frank, Defendants, Case No. 3:15-cv-01836 (D. Conn., September 28, 2017), is dismissed in its entirety for failure to establish a breach of contract and negligence. Interactive is a federally-licensed securities and commodity futures broker. Plaintiff, an online stock trader, alleges that Defendants' online brokerage platform improperly liquidated positions in Plaintiff's margin trading account when Plaintiff's account failed to meet Defendants' margin requirement. Ruling states that an error in the software, as claimed by the Plaintiff, is insufficient to establish that any particular software developer could have reasonably foreseen an injury to a specific individual customer, thus dismissing any negligence claims. [BN] Plaintiff is represented by: William M. Bloss, Esq. Michael P. Koskoff, Esq. Christopher M. Mattei, Esq. KOSKOFF, KOSKOFF & BIEDER, P.C. 350 Fairfield Ave. Bridgeport, CT 06604 Tel: (203) 336-4421 Fax: (203) 368-3244 Email: bbloss@koskoff.com mkoskoff@koskoff.com cmattei@koskoff.com - and - Larry DeWayne Layfield, Esq. LAW OFFICE OF L. DEWAYNE LAYFIELD, PLLC 801 Laurel Street (77701) P.O. Box 3829 Beaumont, TX 77704 Tel: (409) 832-1891 Fax: (866) 280-3004 Email: DeWayne@LayFieldLaw.com - and - Gary N. Reger, Esq. Orgain, Bell and Tucker, LLP 98 San Jacinto Blvd., Suite 1400 Austin, TX 78701 Tel: (512) 861-0441 Email: pgarvey@hcc-law.com Interactive Brokers Group is represented by: Thomas D. Goldberg, Esq. DAY PITNEY LLP-STMFD One Canterbury Green 201 Broad Street Stamford, CT 06901 Tel: (203) 977-7300 Fax: (203) 977-7301 Email: tdgoldberg@daypitney.com - and - Gary J. Mennitt, Esq. Benjamin M. Rose, Esq. Dechert LLP 1095 Avenue of the Americas New York, NY 10036 Tel: (212) 698-3831 Fax: (212) 698-3599 Email: gary.mennitt@dechert.com ben.rose@dechert.com - and - Andraya B. Pulaski, Esq. Day Pitney LLP 242 Trumbull St. Hartford, CT 06103-1212 Tel: (860) 275-0100 Fax: (860) 275-0343 Email: apulaski@daypitney.com JOHNSON CONTROLS: Class Certification Sought in "Hostetler" Suit ---------------------------------------------------------------- The Plaintiffs in the lawsuit titled AMOS and DEBBIE HOSTETLER, RITA CHAIREZ, BECKY NULL, and MARIA TOVAR on behalf of themselves, and all others similarly situated v. JOHNSON CONTROLS, INC. and TOCON HOLDINGS, LLC, Case No. 3:15-cv-00226-JD-MGG (N.D. Ind.), seek to certify a proposed class defined as: All persons who have owned, rented, or occupied property within the Class Area [described in the memorandum of law] at any time between 1992 and May 30, 2014. During JCI's decades-long operations at its facility in Goshen, Indiana (the "Site"), it used and released chlorinated solvents including trichloroethylene ("TCE") -- a carcinogenic and mutagenic substance -- into the environment surrounding the Site, the Plaintiffs state. This has led to a plume of contamination comprised of TCE and other chlorinated chemicals, that has infiltrated the soils and groundwater beneath the Site and the adjacent neighborhood, they allege. They add that this contamination has entered subsurface preferential pathways, including sewer and utility lines, and has spread within the Neighborhood beyond the confines of the soil and groundwater plume. Consistent with their complaint, the Plaintiffs seek certification of a class of residents -- past and present -- of the neighborhood in Goshen, Indiana, who have been exposed to the contamination emanating from the Site, as liability-related issues. They also ask the Court to appoint them as Class Representatives, and to appoint their attorneys as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=8Uti2MQa The Plaintiffs are represented by: Thomas A. Barnard, Esq. Rodney L. Michael, Jr., Esq. Benjamin A. Wolowski, Esq. TAFT STETTINIUS & HOLLISTER LLP One Indiana Square, Suite 3500 Indianapolis, IN 46204 Telephone: (317) 713-3500 Facsimile: (317) 713-3699 E-mail: tbarnard@taftlaw.com rmichael@taftlaw.com bwolowski@taftlaw.com - and - John D. Ulmer, Esq. YODER AINLAY ULMER & BUCKINGHAM LLP 130 North Main Street Goshen, IN 46527 Telephone: (574) 533-1171 Facsimile: (574) 534-4174 E-mail: julmer@yaub.com KANSAS CITY, MO: Zimmerli Moves to Certify Class of Medics/EMTs --------------------------------------------------------------- The Plaintiffs in the lawsuit captioned JOHN ZIMMERLI And MATTHEW DIETRICK, On behalf of themselves, and all other Persons similarly situated v. CITY OF KANSAS CITY, MISSOURI, Case No. 4:17-cv-00370- BP (W.D. Mo.), ask the Court to certify this class pursuant to the Fair Labor Standards Act: all current and former employees of Defendant who worked in the position of Static, Single Role EMT or Paramedic, and/or Fire Medic, or otherwise had similar job duties and compensation structures as the Named Plaintiffs, from May 12, 2013 to the Present. The Plaintiffs also ask the Court to: 1. require the expedited issuance of the notice form to those class members; 2. require the Defendants to provide to Plaintiffs' counsel a list of all individuals, who meet the above class description, including their current or last known address, phone number, e-mail address and the last four digits of their Social Security number, within 15 days of the issuance of the order; 3. designate Plaintiffs Zimmerli and Dietrick as class representatives for the class; 4. approve Plaintiffs' counsel to act as class counsel in this matter; and 5. enter the Agreed Order for Opt-In Procedure and Notice for the Conditionally Certified Class, which was emailed to the Court per Local Rules. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=YFcjd1o6 The Plaintiffs are represented by: Michael Hodgson, Esq. THE HODGSON LAW FIRM, L.L.C. 3699 SW Pryor Rd Lee's Summit, MO 64082 Telephone: (816) 600-0117 E-mail: mike@thehodgsonlawfirm.com - and - Eric L. Dirks, Esq. WILLIAMS DIRKS DAMERON LLC 1100 Main Street, Suite 2600 Kansas City, MO 64105 Telephone: (816) 945-7110 Facsimile: (816) 945-7118 E-mail: dirks@williamsdirks.com The Defendant is represented by: Tara M. Kelly, Esq. ASSISTANT CITY ATTORNEY OFFICE OF THE CITY ATTORNEY 2800 City Hall, 414 E. 12th Street Kansas City, MO 64104 Telephone: (816) 513-3117 Facsimile: (816) 513-2716 E-mail: tara.kelly@kcmo.org KARLENE'S TENDER LOVE: Violates Labor Laws, Johnson Alleges ----------------------------------------------------------- CORENDA JOHNSON, on behalf of herself and others similarly situated v. KARLENE'S TENDER LOVE AND CARE, INC, a Florida Corporation, Case No. 1:17-cv-00251-MW-GRJ, (N.D. Fla., October 12, 2017) accuses the Defendants of violating the Fair Labor Standards Act and of unjust termination. Karlene's Tender Love and Care, Inc., is a Florida corporation providing services to individuals in Alachua County, Florida. Johnson seeks to recover nominal damages, unpaid wages, unpaid overtime, liquidated damages, pre- and post- judgment interest, attorney fees, and other relief by reason of Defendants' violation of the Fair Labor Standards Act of 1938. The plaintiff also demands reinstatement to the same position with full fringe benefits and seniority rights, including appropriate remuneration by cause of Defendants' wrongful termination violating Florida Statute 448, 102.[BN] The Plaintiff is represented by: Matthew W. Bick, Esq. 309 NE 1st street Gainesville, FL 32601 Tel: (352) 244-2069 Fax: (352) 372-3464 E-mail: mbirk@gainesvilleemploymentlaw.com KITCHEN COLLECTION: Underpays Store Managers, Cunningham Claims --------------------------------------------------------------- TROY CUNNINGHAM individually and on behalf of all others similarly situated v THE KITCHEN COLLECTION, LLC, Case No. 4:17-cv-00770 (E.D. Tex., October 26, 2017) seeks to recover overtime compensation for those who have worked as Store Managers or in comparable roles with different titles. The Kitchen Collection operates more than 200 retail store locations across the United States, including Pennsylvania, Illinois, Ohio, Texas and Oregon. From these store locations, Defendant sells "bakeware, cookware, small appliances, marble and ceramics, great gadgets for every kitchen task and the best of As Seen on TV." According to the complaint, The Kitchen Collection staffs its stores leanly, and strictly manages hours worked by non-exempt workers to avoid paying them overtime. To compensate for this deliberate understaffing, it relies heavily on its salaried SMs to perform the duties of non-exempt employees when there are not enough hourly employees to do so.[BN] The Plaintiffs are represented by: Alan L. Quiles, Esq. Gregg I. Shavitz, Esq. Camar R. Jones, Esq. SHAVITZ LAW GROUP, P.A. 1515 South Federal Highway, Suite 404 Boca Raton, FL 33432 Tel: (561) 447-8888 Fax: (561) 447-8888 E-mail: aquiles@shavitzlaw.com gshavitz@shavitlzlaw.com cjones@shavitzlaw.com KRS GLOBAL: Sawyer Moves for Certification of Class Under TCPA -------------------------------------------------------------- The Plaintiff in the lawsuit captioned WILLIAM P. SAWYER d/b/a/ SHARONVILLE FAMILY MEDICINE, individually and as the representative of a class of similarly-situated persons v. KRS GLOBAL BIOTECHNOLOGY, INC. and JOHN DOES 1-10, Case No. 1:16-cv- 00550-SJD (S.D. Ohio), asks the Court to certify this class: All subscribers of accounts (or other persons/entities) associated with the (1) fax numbers listed in the RingCentral spreadsheet (2) that were successfully sent a fax from KRS Global Biotechnology; (3) from the phone number (888) 502-2050; (4) with a "start time" of October 8, 2015 or October 9, 2015. The case arises from an alleged violation of the Telephone Consumer Protection Act. The Plaintiff also asks the Court to appoint Sharonville Family Medicine as class representative and to appoint Montgomery, Rennie & Jonson as counsel for the class. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=un33qZtp The Plaintiff is represented by: George D. Jonson, Esq. Matthew E. Stubbs, Esq. MONTGOMERY, RENNIE & JONSON 36 E. Seventh Street, Suite 2100 Cincinnati, OH 45202 Telephone: (513) 241-4722 Facsimile: (513) 241-8775 E-mail: mstubbs@mrjlaw.com gjonson@mrjlaw.com L'OREAL USA: Smith Sues Over Unsafe Hair Products ------------------------------------------------- Geraldine J. Smith, individually and on behalf of all others similarly situated, Plaintiff, v. L'Oreal USA, Inc., and Soft Sheen-Carson, LLC, Defendants, Case No. 7:17-cv-01661, (N.D. Ala., September 27, 2017), seeks equitable relief including compensatory and punitive damages, costs, attorneys' fees, rescission and all such other relief under the Alabama Deceptive Trade Practices Act. Defendants manufacture and sell the Amla Legend Rejuvenating Ritual Relaxer Kit. Plaintiff claims that it causes significant hair loss and skin and scalp irritation, including burns and blistering due to its inherent caustic soda component. [BN] Plaintiff is represented by: Brandy L. Robertson, Esq. W. Lewis Garrison, Jr., Esq. Brandy Lee Robertson HENINGER GARRISON DAVIS, LLC 2224 First Avenue North Birmingham, AL 35203 Telephone: (205) 326-3336 Facsimile: (205) 326-3332 Email: wlgarrison@hgdlawfirm.com brandy@hgdlawfirm.com - and - K. Stephen Jackson, Esq. Joseph L. Tucker, Esq. JACKSON & TUCKER, P.C. 2229 1st Ave. North Birmingham, AL 35203-4203 Telephone: (205) 252-3535 Facsimile: (205) 252-3536 Email: josh@jacksonandtucker.com steve@jacksonandtucker.com LA CANASTA LATINA: Faces "Chirinos" Wage-and-Hour Suit ------------------------------------------------------ MARIA ESTHER CHIRINOS on behalf of herself and all others similarly situated v. CANASTA LATINA CORP, and ROBERTA K CHAVEZ, Case No. 1:17-cv-23839-DPG (S.D. Fla., October 19, 2017) is an action arising under the Fair Labor Standards Act 29 U.S.C. Sections 201-216. La Canasta Latina Corp. is a corporation that regularly transacts business within Dale County. Roberta K Chavez is a corporate owner and/ or manager of the Defendant Corporation who ran the day-to-day operations of the Corporate Defendant for the relevant time period and was responsible for paying Plaintiff's wages for the relevant time period and controlled Plaintiff's work and schedule. Defendant deliberately refuses to pay overtime requirements of the Fair Labor Standards Act wherefore the plaintiff request double damages and reasonable fees from Defendants.[BN] The Plaintiffs is represented by: J.H. Zidell, Esq. J.H ZIDELL, PA 300 71st Street, Suite 605 Miami Beach, FL 33141 Tel: (305) 865-6766 Fax: (305) 865-7167 Email: ZABOAGADO@aol.com LAGASSE LLC: Alpha Tech's Bid to Certify Class Entered and Cont'd ----------------------------------------------------------------- The Clerk of the U.S. District Court for the Northern District of Illinois made a docket entry on October 4, 2017, in the case titled Alpha Tech Pet, Inc. v. Lagasse, LLC, et al., Case No. 1:16-cv-00513 (N.D. Ill.), relating to a hearing held before the Honorable Thomas M. Durkin. The minute entry states that: -- Plaintiff's motion to certify class is entered and continued generally; and -- Plaintiff's motion to seal document exhibit #100 is granted. A copy of the Notification of Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=UCFuyiDw LITCO PETROLEUM: "Holifield" Suit Seeks Unpaid Overtime Wages ------------------------------------------------------------- Christina Lafaye Holifield, John Shipp and Michael Seals, Individually, and on behalf of themselves and other similarly situated former employees, Plaintiffs, v. Litco Petroleum, Inc., Taft Little and Mark Little, Individually, Defendants, Case No. 3:17-cv-00192 (S.D. Miss., September 28, 2017), seeks to recover unpaid overtime wages, an additional equal amount as liquidated damages, as well as interest, reasonable attorneys' fees, costs, and disbursements relating to this action for the three-year statutory period under the the Fair Labor Standards Act. LITCO owned and operated franchised Huddle House restaurants in Mississippi where Christina LaFaye Holifield, John Shipp and Michael Seals were employed as general managers at their restaurants. Plaintiffs' primary duties were non-managerial in nature: cooking, cleaning, washing dishes and utensils, sweeping and mopping floors, serving food, expediting food, cashiering, unloading food trucks, stocking food and supplies. [BN] Plaintiff is represented by: Gordon E. Jackson, Esq. James L. Holt, Jr., Esq. J. Russ Bryant, Esq. Paula R. Jackson, Esq. JACKSON, SHIELDS, YEISER & HOLT 262 German Oak Drive Memphis, TN 38018 Tel: (901) 754-8001 Fax: (901) 759-1745 Email: gjackson@jsyc.com jholt@jsyc.com rbryant@jsyc.com pjackson@jsyc.com - and - George B. Ready, Esq. LAW OFFICE OF GEORGE B. READY 175 East Commerce St. P.O. Box 127 Hernando, MS 38632 Tel: (662) 429-7088 Email: GBReady@georgegreadyatty.com LTD FINANCIAL: "Johnson" Disputes Excessive Loan Interest Rates --------------------------------------------------------------- Julie Johnson and Dianne Turner, on behalf of themselves all others similarly situated, Plaintiffs, v. LTD Financial Services, L.P., Defendant, Case No. 3:17-cv-00655 (E.D. Va., September 27 2017), seeks declaratory and injunctive damages, attorney's fees, litigation expenses, costs of suit and such other or further relief pursuant to the Fair Debt Collection Practices Act. According to the complaint, LTD collected on loans in excess of a 12% annual percentage rate (the interest rate cap in the state of Virginia) without a consumer finance license from the Virginia State Corporation Commission. Plaintiffs all obtained loans in amounts between $300 and $606. On each loan, Defendants immediately assessed a $100.00 origination fee and started charting a participation fee of $1.36 per day each billing period, the complaint adds. Plaintiff is represented by: Kristi C. Kelly, Esq. Andrew Guzzo, Esq. KELLY & CRANDALL, PLC 3925 Chain Bridge Rd., Suite 202 Fairfax, VA 22030 Tel: (703) 424-7576 Fax: (703) 591-9285 Email: kkelly@kellyandcrandall.com aguzzo@kellyandcrandall.com - and - James W. Speer, Esq. VIRGINIA POVERTY LAW CENTER 919 E. Main Street, Suite 610 Richmond, VA 23219 Tel: (804) 782-9430 Fax: (804) 649-0974 Email: jay@vplc.org MARC BERKOWITZ: Faces "Rizkallah" Suit over Wage Law Violations --------------------------------------------------------------- JESSICA RIZKALLAH, on behalf of herself and all others similarly situated, the Plaintiff, v. MARC BERKOWITZ, d/b/ a SUNSET GRILL, SUNSET CANTINA, and PATRON'S MEXICAN KITCHEN AND WATERING HOLE, the Defendant, Case No. 20173368H (Mass. Super. Ct., Oct. 18, 2017), seeks to recover all wages to which they are entitled of unpaid wages, recovery of wages not paid in a timely manner, and other damages resulting from Defendant's wage law violations of Massachusetts Wage Act and the Massachusetts Minimum Wage Law. The case is a class action brought on behalf of employees who have worked for Defendant Marc Berkowitz at the three restaurants owned and managed by him, Sunset Grill, Sunset Cantina, and Patron's Mexican Kitchen and Watering Hole, and who have been subject to unlawful practices. The Plaintiff alleges that the Defendant has violated the Massachusetts wage laws in multiple ways. First, Defendant has not paid employees in a timely manner and has paid employees from bank accounts (including personal bank accounts) with insufficient funds, resulting in late payment and sometimes non-payment of wages. Second, Defendant has not paid for all hours worked, including overtime hours, and has not paid overtime hours at the proper rate. Third, Defendant's employees have improper deductions made from their pay, including deductions relating to depositing or cashing their paychecks. For tipped employees, Defendant's failure to pay all wages owed in a timely manner has resulted in invalidation of Defendant's entitlement to pay tipped employees the sub-minimum wage tipped rate.[BN] The Plaintiff is represented by: Hillary Schwab, Esq. Rachel Smith, Esq. FAIR WORK, P.C. www.fairworklaw.com 192 South Street, Suite 450 Boston, MA 02111 Telephone: (617) 607 3261 E-mail: hillary@fairworklaw.com rachel@fairworklaw.com MDL 2797: "Havard" Suit vs. Wells Fargo Consolidated in C.D. Cal. ----------------------------------------------------------------- The class action lawsuit titled Dustin Havard, James Krolick, Regina Gonzalez-Phillips, and Joe Buckingham, on behalf of themselves and all others similarly situated, the Petitioners, v. Wells Fargo & Company and Wells Fargo Bank N.A., doing business as: Wells Fargo Dealer Services, Respondents, Case No. 3:17-cv- 04789, was transferred on Oct. 18, 2017 from the U.S. District Court for the Northern District of California, to the U.S. District Court for the Central District of California (Southern Division - Santa Ana). The California Central District Court Clerk assigned Case No. 8:17-cv-01818-AG-KES to the proceeding. The Havard case is being consolidated with MDL 2797 in re: Wells Fargo Auto Insurance Marketing and Sales Practices Litigation. The MDL was created by Order of the United States Judicial Panel on Multidistrict Litigation on October 18, 2017. All responding parties agree that the actions share common factual questions arising out of allegations that Wells Fargo and National General engaged in a nationwide scheme to place unwanted and unnecessary insurance on automobiles, and that defendants caused plaintiffs and putative class members harm by charging them for this unneeded insurance and, in some cases, reporting them to credit agencies and repossessing their vehicles. Centralization will eliminate duplicative discovery; prevent inconsistent pretrial rulings on class certification and other issues; and conserve the resources of the parties, their counsel, and the judiciary. In its October 18, 2017 Order, the MDL Panel found that these actions involve common questions of fact, and that centralization in the Central District of California will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. The panel finds that centralization in the Central District of California is appropriate. Eleven of the fourteen pending related actions are located in California, and three of those actions are pending before Judge Andrew J. Guilford -- an experienced transferee judge who we are confident will steer this litigation on a prudent course. Moreover, it is alleged that key entities and individuals with direct responsibility for the alleged conduct in this litigation are located in this district and, therefore, relevant documents and witnesses may be located there. Indeed, at oral argument, Wells Fargo represented that the primary witnesses would be found in the Central District of California. Presiding Judge in the MDL is Hon. Andrew J. Guilford. The lead case is 8:17-ml-02797-AG-KES Wells Fargo is an American international banking and financial services holding company headquartered in San Francisco, California, with "hubquarters" throughout the country.[BN] Attorneys and Firms for Petitioners: Gayle Meryl Blatt, Esq. Alyssa M Williams, Esq. David S. Casey , Jr., Esq. Ethan T. Litney, Esq. Jeremy Keith Robinson, Esq. CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP 110 Laurel Street San Diego, CA 92101 Telephone: (619) 238 1811 Facsimile: (619) 544 9232 E-mail: gmb@cglaw.com awilliams@cglaw.com dcasey@cglaw.com elitney@cglaw.com jrobinson@cglaw.com Attorneys and Firms for Respondents: David Carlyle Powell, Esq. Alicia Anne Baiardo, Esq. Carolee Anne Hoover, Esq. MCGUIREWOODS LLP Two Embarcadero Center, Suite 1300 San Francisco, CA 94111 Telephone: (415) 844 9944 Facsimile: (415) 844 9922 E-mail: dpowell@mcguirewoods.com abaiardo@mcguirewoods.com choover@mcguirewoods.com MDL 2797: "Hancock" Suit v. Wells Fargo Consolidated in C.D. Cal. ----------------------------------------------------------------- The class action lawsuit titled Paul Hancock, Analisa Moskus, Brandon Haag, Nyle Davis, Adriana Avila, and Duane Fosdi, individually, and on behalf of other members of the general public similarly situated, the Petitioners, v. Wells Fargo & Company, a Delaware corporation; Wells Fargo Bank N.A., a national association; and National General Insurance Company, the Respondents, and Gregory Smith, Interested Party, Case No. 3:17- cv-04324, was transferred on Oct. 18, 2017 from the U.S. District Court for the Northern District of California, to the U.S. District Court for the Central District of California (Southern Division - Santa Ana). The California Central District Court Clerk assigned Case No. 8:17-cv-01814-AG-KES to the proceeding. The Hancock case is being consolidated with MDL 2797 in re: Wells Fargo Auto Insurance Marketing and Sales Practices Litigation. The MDL was created by Order of the United States Judicial Panel on Multidistrict Litigation on October 18, 2017. All responding parties agree that the actions share common factual questions arising out of allegations that Wells Fargo and National General engaged in a nationwide scheme to place unwanted and unnecessary insurance on automobiles, and that defendants caused plaintiffs and putative class members harm by charging them for this unneeded insurance and, in some cases, reporting them to credit agencies and repossessing their vehicles. Centralization will eliminate duplicative discovery; prevent inconsistent pretrial rulings on class certification and other issues; and conserve the resources of the parties, their counsel, and the judiciary. In its October 18, 2017 Order, the MDL Panel found that these actions involve common questions of fact, and that centralization in the Central District of California will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. The panel finds that centralization in the Central District of California is appropriate. Eleven of the fourteen pending related actions are located in California, and three of those actions are pending before Judge Andrew J. Guilford -- an experienced transferee judge who we are confident will steer this litigation on a prudent course. Moreover, it is alleged that key entities and individuals with direct responsibility for the alleged conduct in this litigation are located in this district and, therefore, relevant documents and witnesses may be located there. Indeed, at oral argument, Wells Fargo represented that the primary witnesses would be found in the Central District of California. Presiding Judge in the MDL is Hon. Andrew J. Guilford. The lead case is 8:17-ml-02797-AG-KES Wells Fargo is an American international banking and financial services holding company headquartered in San Francisco, California, with "hubquarters" throughout the country.[BN] The Petitioners are represented by: Roland K Tellis, Esq. Daniel Alberstone, Esq. Jonas Palmer Mann, Esq. Mark P Pifko, Esq. BARON AND BUDD PC 15910 Ventura Boulevard Suite 1600 Encino, CA 91436 Telephone: (818) 839 2333 Facsimile: (818) 986 9698 E-mail: rtellis@baronbudd.com dalberstone@baronbudd.com jmann@baronbudd.com MPifko@baronbudd.com - and - Eve H Cervantez, Esq. ALTSHULER BERZON LLP 177 Post Street Suite 300 San Francisco, CA 94108 Telephone: (415) 421 7151 Facsimile: (415) 362 8064 E-mail: ecervantez@altber.com Attorneys for Wells Fargo & Company: David C Powell, Esq. Alicia Anne Baiardo, Esq. Carolee A Hoover, Esq. MCGUIREWOODS LLP Two Embarcadero Center Suite 1300 San Francisco, CA 94111 Telephone: (415) 844 9944 Facsimile: (415) 844 9922 E-mail: dpowell@mcguirewoods.com abaiardo@mcguirewoods.com choover@mcguirewoods.com Attorneys for National General Insurance Company: Michael B Carlinsky, Esq. Richard Corey Worcester, Esq. Robert Patrick Vance, Jr., Esq. QUINN EMANUEL URQUHART AND SULLIVAN LLP 51 Madison Avenue 22nd Floor New York, NY 10010-1601 Telephone: (212) 849 7000 Facsimile: (212) 849 7100 E-mail: michaelcarlinsky@quinnemanuel.com coreyworcester@quinnemanuel.com bobbyvance@quinnemanuel.com Attorneys for Gregory Smith: Kristen Law Sagafi, Esq. TYCKO AND ZAVAREEI LLP 483 Ninth Street Suite 200 Oakland, CA 94607 Telephone: (510) 254 -6810 Facsimile: (202) 973 0950 E-mail: ksagafi@tzlegal.com MDL 2797: "Preston" Suit v. Wells Fargo Consolidated in C.D. Cal. ----------------------------------------------------------------- The class action lawsuit titled Keith Preston, Jennifer Hietberg, and Bryan Tidwell, the Plaintiffs, v. Wells Fargo & Company; Wells Fargo Bank N.A., doing business as: Wells Fargo Dealer Services; and National General Insurance Company, the Respondents, Case No. 3:17-cv-04346, was transferred on Oct. 18, 2017 from the U.S. District Court for the Northern District of California, to the U.S. District Court for the Central District of California (Southern Division - Santa Ana). The California Central District Court Clerk assigned Case No. 8:17-cv-01815-AG-KES to the proceeding. The Preston case is being consolidated with MDL 2797 in re: Wells Fargo Auto Insurance Marketing and Sales Practices Litigation. The MDL was created by Order of the United States Judicial Panel on Multidistrict Litigation on October 18, 2017. All responding parties agree that the actions share common factual questions arising out of allegations that Wells Fargo and National General engaged in a nationwide scheme to place unwanted and unnecessary insurance on automobiles, and that defendants caused plaintiffs and putative class members harm by charging them for this unneeded insurance and, in some cases, reporting them to credit agencies and repossessing their vehicles. Centralization will eliminate duplicative discovery; prevent inconsistent pretrial rulings on class certification and other issues; and conserve the resources of the parties, their counsel, and the judiciary. In its October 18, 2017 Order, the MDL Panel found that these actions involve common questions of fact, and that centralization in the Central District of California will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. The panel finds that centralization in the Central District of California is appropriate. Eleven of the fourteen pending related actions are located in California, and three of those actions are pending before Judge Andrew J. Guilford -- an experienced transferee judge who we are confident will steer this litigation on a prudent course. Moreover, it is alleged that key entities and individuals with direct responsibility for the alleged conduct in this litigation are located in this district and, therefore, relevant documents and witnesses may be located there. Indeed, at oral argument, Wells Fargo represented that the primary witnesses would be found in the Central District of California. Presiding Judge in the MDL is Hon. Andrew J. Guilford. The lead case is 8:17-ml-02797-AG-KES Wells Fargo is an American international banking and financial services holding company headquartered in San Francisco, California, with "hubquarters" throughout the country.[BN] The Petitioners are represented by: Matthew J Preusch, Esq. Alison S Gaffney, Esq. Derek W Loeser, Esq. Gretchen Freeman Cappio, Esq. Lynn L Sarko, Esq. KELLER ROHRBACK LLP 801 Garden Street Suite 301 Santa Barbara, CA 93101 Telephone: (805) 456 1496 Facsimile: (805) 456 1497 E-mail: mpreusch@kellerrohrback.com agaffney@kellerrohrback.com dloeser@kellerrohrback.com gcappio@kellerrohrback.com lsarko@kellerrohrback.com Attorneys for National General Insurance Company: Michael B Carlinsky, Esq. Robert Patrick Vance, Jr., Esq. QUINN EMANUEL URQUHART AND SULLIVAN LLP 51 Madison Avenue 22nd Floor New York, NY 10010-1601 Telephone: (212) 849 7000 Facsimile: (212) 849 7100 E-mail: michaelcarlinsky@quinnemanuel.com bobbyvance@quinnemanuel.com MDL 2797: "Ross" Suit v. Wells Fargo Consolidated in C.D. Cal. -------------------------------------------------------------- The class action lawsuit titled Kaylani Ross and Dee Lenz, on behalf of themselves and all others similarly situated, the Petitioners, v. Wells Fargo & Company; Wells Fargo Bank N.A., doing business as: Wells Fargo Dealer Services; National General Holdings Corp.; and National General Insurance Company, the Respondents, Case No. 3:17-cv-04498, was transferred on Oct. 18, 2017 from the U.S. District Court for the Northern District of California Northern, to the U.S. District Court for the Central District of California (Southern Division - Santa Ana). The California Central District Court Clerk assigned Case No. 8:17-cv- 01817-AG-KES to the proceeding. The Ross case is being consolidated with MDL 2797 in re: Wells Fargo Auto Insurance Marketing and Sales Practices Litigation. The MDL was created by Order of the United States Judicial Panel on Multidistrict Litigation on October 18, 2017. All responding parties agree that the actions share common factual questions arising out of allegations that Wells Fargo and National General engaged in a nationwide scheme to place unwanted and unnecessary insurance on automobiles, and that defendants caused plaintiffs and putative class members harm by charging them for this unneeded insurance and, in some cases, reporting them to credit agencies and repossessing their vehicles. Centralization will eliminate duplicative discovery; prevent inconsistent pretrial rulings on class certification and other issues; and conserve the resources of the parties, their counsel, and the judiciary. In its October 18, 2017 Order, the MDL Panel found that these actions involve common questions of fact, and that centralization in the Central District of California will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. The panel finds that centralization in the Central District of California is appropriate. Eleven of the fourteen pending related actions are located in California, and three of those actions are pending before Judge Andrew J. Guilford -- an experienced transferee judge who we are confident will steer this litigation on a prudent course. Moreover, it is alleged that key entities and individuals with direct responsibility for the alleged conduct in this litigation are located in this district and, therefore, relevant documents and witnesses may be located there. Indeed, at oral argument, Wells Fargo represented that the primary witnesses would be found in the Central District of California. Presiding Judge in the MDL is Hon. Andrew J. Guilford. The lead case is 8:17-ml-02797-AG-KES Wells Fargo is an American international banking and financial services holding company headquartered in San Francisco, California, with "hubquarters" throughout the country.[BN] The Petitioners are represented by: Aaron M Sheanin, Esq. GIRARD GIBBS LLP 601 California Street Suite 1400 San Francisco, CA 94104 Telephone: (415) 981 4800 E-mail: asheanin@pswlaw.com - and - Susan S Brown, Esq. Michael Francis Ram, Esq. Robins Kaplan LLP 2440 West El Camino Real Mountain View, CA 94040 Telephone: (650) 784 4040 Facsimile: (650) 784 4041 E-mail: sbrown@robinskaplan.com MRam@RobinsKaplan.com Attorneys for Wells Fargo & Company and Wells Fargo Bank N.A.: David Carlyle Powell, Esq. Alicia Anne Baiardo, Esq. Carolee Anne Hoover, Esq. MCGUIREWOODS LLP Two Embarcadero Center, Suite 1300 San Francisco, CA 94111 Telephone: (415) 844 9944 Facsimile: (415) 844 9922 E-mail: dpowell@mcguirewoods.com abaiardo@mcguirewoods.com choover@mcguirewoods.com - and - Attorneys for National General Holdings Corp. and National General Insurance Company: Michael Barry Carlinsky, Esq. Richard Corey Worcester, Esq. Robert Patrick Vance , Jr., Esq. QUINN EMANUEL URQUHART AND SULLIVAN 51 Madison Avenue, 22nd Floor New York, NY 10010 Telephone: (212) 849 -7150 E-mail: michaelcarlinsky@quinnemanuel.com coreyworcester@quinnemanuel.com bobbyvance@quinnemanuel.com MDL 2797: "Thomas" Suit v. Wells Fargo Consolidated in C.D. Cal. ---------------------------------------------------------------- The class action lawsuit titled Juan A. Thomas, Individually and On Behalf of Others Similarly Situated, the Petitioner, v. Wells Fargo & Company; Wells Fargo Bank N.A.; National General Holdings Corp.; and National General Insurance Company, the Respondents, Case No. 1:17-cv-06582, was transferred on Oct. 18, 2017 from the U.S. District Court for the Southern District of New York, to the U.S. District Court for the Central District of California (Southern Division - Santa Ana). The California Central District Court Clerk assigned Case No. 8:17-cv-01823-AG-KES to the proceeding. The Thomas case is being consolidated with MDL 2797 in re: Wells Fargo Auto Insurance Marketing and Sales Practices Litigation. The MDL was created by Order of the United States Judicial Panel on Multidistrict Litigation on October 18, 2017. All responding parties agree that the actions share common factual questions arising out of allegations that Wells Fargo and National General engaged in a nationwide scheme to place unwanted and unnecessary insurance on automobiles, and that defendants caused plaintiffs and putative class members harm by charging them for this unneeded insurance and, in some cases, reporting them to credit agencies and repossessing their vehicles. Centralization will eliminate duplicative discovery; prevent inconsistent pretrial rulings on class certification and other issues; and conserve the resources of the parties, their counsel, and the judiciary. In its October 18, 2017 Order, the MDL Panel found that these actions involve common questions of fact, and that centralization in the Central District of California will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. The panel finds that centralization in the Central District of California is appropriate. Eleven of the fourteen pending related actions are located in California, and three of those actions are pending before Judge Andrew J. Guilford -- an experienced transferee judge who we are confident will steer this litigation on a prudent course. Moreover, it is alleged that key entities and individuals with direct responsibility for the alleged conduct in this litigation are located in this district and, therefore, relevant documents and witnesses may be located there. Indeed, at oral argument, Wells Fargo represented that the primary witnesses would be found in the Central District of California. Presiding Judge in the MDL is Hon. Andrew J. Guilford. The lead case is 8:17-ml-02797-AG-KES Wells Fargo is an American international banking and financial services holding company headquartered in San Francisco, California, with "hubquarters" throughout the country.[BN] The Petitioner is represented by: Paul F Novak, Esq. Curt D Marshall, Esq. WEITZ AND LUXENBURG PC 719 Griswold Suite 620 Detroit, MI 48226 Telephone: (313) 800 4170 Facsimile: (646) 293 7992 E-mail: pnovak@weitzlux.com cmarshall@weitzlux.com Attorneys for Wells Fargo & Company and Respondent Wells Fargo Bank N.A.: David C Powell, Esq. MCGUIREWOODS LLP Two Embarcadero Center Suite 1300 San Francisco, CA 94111 Telephone: (415) 844 9944 Facsimile: (415) 844 9922 E-mail: dpowell@mcguirewoods.com MERCANTILE ADJUSTMENT: Class Certification Sought in "Nolet" Suit ----------------------------------------------------------------- Loralie Nolet moves the Court to certify the class described in the complaint of the lawsuit captioned LORALIE NOLET, Individually and on Behalf of All Others Similarly Situated v. MERCANTILE ADJUSTMENT BUREAU, LLC, Case No. 2:17-cv-01399-DEJ (E.D. Wisc.), and further asks that the Court both stay the motion for class certification and to grant the Plaintiff (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. Dicta in the Supreme Court's decision in Campbell-Ewald Co. v. Gomez, left open the possibility that a defendant facing a class action complaint could moot a class representative's case by depositing funds equal to or in excess of the maximum value of the plaintiff's individual claim with the court and having the court enter judgment in the plaintiff's favor prior to the filing of a class certification motion, the Plaintiff asserts, citing Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016). To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion. Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011), overruled on other grounds, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015) ("The pendency of that motion [for class certification] protects a putative class from attempts to buy off the named plaintiffs."). While the Seventh Circuit has held that the specific procedure described in Campbell-Ewald cannot force the individual settlement of a class representative's claims, the same decision cautions that other methods may prevent a plaintiff from representing a class, the Plaintiff tells the Court, citing Fulton Dental, LLC v. Bisco, Inc., No. 16-3574, 2017 U.S. App. LEXIS 10839 *9-10 (7th Cir. June 20, 2017). The Plaintiff asserts that one defendant has attempted a similar tactic by sending a certified check to the proposed class representative. Bonin v. CBS Radio, Inc., No. 16- cv-674-CNC (E.D. Wis.); see also 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). The Plaintiff is obligated to move for class certification to protect the interests of the putative class, the Plaintiff contends. As this Motion to Certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when short motion to certify and stay should suffice until an amended motion is filed, the Plaintiff contends. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=p24QuXdy The Plaintiff is represented by: John D. Blythin, Esq. Mark A. Eldridge, Esq. Jesse Fruchter, Esq. Ben J. Slatky, Esq. 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: jblythin@ademilaw.com meldridge@ademilaw.com jfruchter@ademilaw.com bslatky@ademilaw.com MICHAEL DELLA VECCHIA: "Brown" Suit Seeks Overtime Pay under FLSA ----------------------------------------------------------------- KENROY ANDRE BROWN, on behalf of himself, individually, and on behalf of all others similarly-situated, the Plaintiff, v. MICHAEL DELLA VECCHIA & SON INC., and ANTHONY DELLA VECCHIA, individually, the Defendants, Case No. 1:17-cv-06094-WFK-JO (E.D.N.Y., Oct. 18, 2017), seeks to recover overtime pay under the Fair Labor Standards Act and New York Labor Law. According to the complaint, Plaintiff worked for Defendants -- a Queens County corporation that provides construction and renovation services and Plaintiff's direct supervisor who was the business's day-to-day overseer -- as a laborer from September 8, 2015 through October 6, 2017. The Defendants willfully failed to pay Plaintiff the wages lawfully due to him under the FLSA and the NYLL. Specifically, for the entirety of his employment, Defendants routinely required Plaintiff to work beyond forty hours in a workweek, paid Plaintiff on an hourly basis for only his forty hours worked per week, and thus failed to compensate Plaintiff at the statutorily-required overtime rate for any hours that he worked per week in excess of forty. Additionally, Defendants failed to provide Plaintiff with proper wage statements on each payday or with an accurate wage notice at the time of hire, as the NYLL requires. The Defendants allegedly paid and treated all of their laborers in this same manner.[BN] The Plaintiff is represented by: Joan B. Lopez, Esq. Alexander T. Coleman, Esq. Michael J. Borrelli, Esq. BORRELLI & ASSOCIATES, P.L.L.C. 1010 Northern Boulevard, Suite 328 Great Neck, New York 11021 Telephone: (516) 248 5550 Facsimile: (516) 248 6027 MORNING CALL: "Hernandez" Suit Certified as FLSA Class Action ------------------------------------------------------------- The Honorable Eldon E. Fallon entered an Order & Reasons in the lawsuit styled HERNANDEZ v. MORNING CALL COFFEE STAND, INC., Case No. 2:17-cv-02613-EEF-JVM (E.D. La.), granting the Plaintiff's motion to conditionally certify a class pursuant to the Fair Labor Standards Act. Judge Fallon also approved the Plaintiff's proposed notice, and directed the Defendant to provide the names and last known addresses of potential class members. Plaintiff Antonia Hernandez has filed the lawsuit as a putative class action on behalf of herself and other similarly situated parties to recover unpaid overtime wages. She asserts that, while she was employed as a kitchen helper at Morning Call, she was not paid one-and-a-half times her hourly wage for hours worked in excess of 40 hours per week. A copy of the Order & Reasons is available at no charge at http://d.classactionreporternewsletter.com/u?f=vz7zZMlT MURPHY OIL: "Appleyard" Suit Seeks Damages and Unpaid Wages ----------------------------------------------------------- Richard Appleyard, individually, on behalf of himself and on behalf of all others similarly situated, Plaintiffs, v. Murphy Oil USA, Inc., a Delaware Corporation, Defendant, Case No. 1:17-cv- 01188 (W.D. Tenn., September 28, 2017), seeks permanent injunctive relief and damages and compensation for time worked, and/or together with time and one-half pay for time worked over 40 hours per week under the Fair Labor Standards Act. According to the complaint, Murphy Oil employed Plaintiff as a cashier, trained to work on the gas pumps, performed maintenance, prepared the store for opening, along with other duties. Employees would be accused of being short on their registers and told to work "off-the-clock" to make up the shortage or be fired. These employees were never given proof of the shortage or given the opportunity to dispute it, it adds. Plaintiff is represented by: Gordon E. Jackson, Esq. James L. Holt, Jr., Esq. J. Russ Bryant, Esq. Paula R. Jackson, Esq. JACKSON, SHIELDS, YEISER & HOLT 262 German Oak Drive Memphis, TN 38018 Tel: (901) 754-8001 Fax: (901) 759-1745 Email: gjackson@jsyc.com jholt@jsyc.com rbryant@jsyc.com pjackson@jsyc.com - and - Michael L. Weinman, Esq. WEINMAN THOMAS LAW FIRM 112 S. Liberty Street, Suite 321 P.O. Box 266 Jackson, TN 38302 Tel: (731) 423-5565 Email: mike@weinmanthomas.com NATIONAL GENERAL: "Miller" Suit Moved to C.D. California -------------------------------------------------------- The class action lawsuit titled Caroline Miller, individually and on behalf of all others similarly situated, the Petitioner, v. National General Insurance Company, NATIONAL GENERAL HOLDINGS CORPORATION, and Wells Fargo Bank N.A., doing business as: Wells Fargo Dealer Services, the Respondents, Case No. 1:17-cv-06586, was transferred on Oct. 18, 2017 from the U.S. District Court for the Southern District of New York, to the U.S. District Court for the Central District of California (Southern Division - Santa Ana). The District Court Clerk assigned Case No. 8:17-cv-01824-AG- KES to the proceeding. The case is assigned to the Hon. Judge Andrew J. Guilford. National General Insurance, formerly the GMAC Insurance Group is a Winston-Salem, North Carolina-based property and casualty insurance company. The company was founded in 1920.[BN] The Petitioner is represented by: Arnold Levin, Esq. Charles E. Schaffer, Esq. LEVIN FISHBEIN SEDRAN AND BERMAN 510 Walnut Street Suite 500 Philadelphia, PA 19106 Telephone: (215) 592 1500 Facsimile: (215) 592 4663 E-mail: alevin@lfsblaw.com CSchaffer@lfsblaw.com - and - Jeffrey L Koenig, Esq. HECHT KLEEGER PINTEL AND DAMASHEK 19 West 44th Street Suite 1500 New York, NY 10036 Telephone: (212) 490 5700 Facsimile: (212) 490 4800 E-mail: koenig@lawyer1.com Attorneys for Wells Fargo Bank N.A.: David C Powell, Esq. MCGUIREWOODS LLP Two Embarcadero Center Suite 1300 San Francisco, CA 94111 Telephone: (415) 844 9944 Facsimile: (415) 844 9922 E-mail: dpowell@mcguirewoods.com NATIONWIDE CREDIT: Class Certification Sought in "Nolet" Suit ------------------------------------------------------------- Loralie Nolet moves the Court to certify the class described in the complaint of the lawsuit entitled LORALIE NOLET, Individually and on Behalf of All Others Similarly Situated v. NATIONWIDE CREDIT, INC., Case No. 2:17-cv-01400-WED (E.D. Wisc.), and further asks that the Court both stay the motion for class certification and to grant the Plaintiff (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. Dicta in the Supreme Court's decision in Campbell-Ewald Co. v. Gomez, left open the possibility that a defendant facing a class action complaint could moot a class representative's case by depositing funds equal to or in excess of the maximum value of the plaintiff's individual claim with the court and having the court enter judgment in the plaintiff's favor prior to the filing of a class certification motion, the Plaintiff asserts, citing Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016). To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion. Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011), overruled on other grounds, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015) ("The pendency of that motion [for class certification] protects a putative class from attempts to buy off the named plaintiffs."). While the Seventh Circuit has held that the specific procedure described in Campbell-Ewald cannot force the individual settlement of a class representative's claims, the same decision cautions that other methods may prevent a plaintiff from representing a class, the Plaintiff tells the Court, citing Fulton Dental, LLC v. Bisco, Inc., No. 16-3574, 2017 U.S. App. LEXIS 10839 *9-10 (7th Cir. June 20, 2017). The Plaintiff asserts that one defendant has attempted a similar tactic by sending a certified check to the proposed class representative. Bonin v. CBS Radio, Inc., No. 16- cv-674-CNC (E.D. Wis.); see also 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). The Plaintiff is obligated to move for class certification to protect the interests of the putative class, the Plaintiff contends. As the Motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when short motion to certify and stay should suffice until an amended motion is filed, the Plaintiff contends. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=hAH3I8xK The Plaintiff is represented by: John D. Blythin, Esq. Mark A. Eldridge, Esq. Jesse Fruchter, Esq. Ben J. Slatky, Esq. 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: jblythin@ademilaw.com meldridge@ademilaw.com jfruchter@ademilaw.com bslatky@ademilaw.com NE BRANDS LLC: "Hill" Suit Alleges Misclassification ---------------------------------------------------- Stevan Hill and Johnny (Chunming) Jong v. N.E. Brands L.L.C., Victor Kameo, Josh Kameo, Jack Saadria and Does 1 to 25, Defendants, Case No. BC677283, (Cal. Super., September 26, 2017), seeks redress for Defendants' failure to pay earned wages, itemized and accurate wage statements, wages not timely paid upon termination, unlawful deductions and reimbursement of business- related expenses under the California Labor Code and the Unfair Competition Law of the California Business and Professions Code. Stevan Hill and Johnny Jong both worked for Defendants as designers. They claim to be misclassified as independent contractors in order to avoid paying payroll taxes, and made unilateral deductions from their paychecks to compensate Defendants for their own costs. [BN] Plaintiff is represented by: Douglas N. Silverstein, Esq. Mia Murrro, Esq. KESLUK, SILVERSTEIN & JACOB, P.C. 9255 Sunset Boulevard, Suite 411 Los Angeles, CA 90069-3309 Telephone: (310)273-3180 Facsimile: (310)273-6137 Email: dsilverstein@califomialaborlawattomev.com mmunro@califomialaborlawattomev.com NORTHROP GRUMMAN: Marshall's Bid to Certify Under Submission ------------------------------------------------------------ The Hon. Andre Birotte, Jr., takes the Plaintiffs' motion to certify class under submission in the lawsuit titled Clifton W. Marshall, et al. v. Northrop Grumman Corporation, et al., Case No. 2:16-cv-06794-AB-JC (C.D. Cal.). According to the Court's civil minutes, the Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. "The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motion under submission," the Civil Minutes states. A copy of the Civil Minutes is available at no charge at http://d.classactionreporternewsletter.com/u?f=KR3v6jIM The Plaintiffs are represented by: Michael A. Wolff, Esq. SCHLICHTER BOGARD & DENTON, LLP 100 South Fourth Street, Suite 1200 St. Louis, MO 63102 Telephone: (314) 621-6115 E-mail: mwolff@uselaws.com The Defendants are represented by: Nancy G. Ross, Esq. Laura R. Hammargren, Esq. Eric Westlund, Esq. MAYER BROWN LLP 350 South Grand Avenue, 25th Floor Los Angeles, CA 90071-1503 Telephone: (213) 229-9500 Facsimile: (213) 625-0248 E-mail: nross@mayerbrown.com lhammargren@mayerbrown.com ewestlund@mayerbrown.com NORTHSTAR LOCATION: Seeks Prelim. OK of "Bennett" Suit Settlement ----------------------------------------------------------------- The parties in the lawsuit titled LISA BENNETT v. NORTHSTAR LOCATION SERVICES, LLC and ALLY FINANCIAL INC., Case No. 5:16-cv- 09273 (S.D.W. Va.), jointly ask the Court to: 1. enter an order preliminarily approving their proposed Settlement Agreement, and directing the parties to carry out their obligations pursuant to the Settlement Agreement; 2. enter an order conditionally certifying the case as a class action for settlement purposes only and defining the "Settlement Class" as: All persons with an address in West Virginia as of July 17, 2017 who were sent a collection letter on or after June 6, 2014, by Defendant Northstar, where the claim asserted arose from default of a motor vehicle sales contract and security agreement where the later of the last payment or sale of repossessed vehicle was more than four (4) years prior to the date of such letter and the letter did not make disclosures as stated in W.V. Code Section 46A-2-128(f). Any person who excludes himself or herself from either class shall not be a member of the Settlement Class; 3. designate Plaintiff Lisa Bennett as the representative for the Settlement Class and designating her attorneys as Class Counsel; 4. approve the form and manner of class notice; 5. adopt the following proposed schedule, the Court's calendar permitting, for completion of remaining tasks: a. Class Notice Mailed: 30 days after entry of preliminary approval; b. Objection/Exclusion Date: 75 days after entry of preliminary approval; c. Final Approval Submissions: 90 days after entry of preliminary approval; and d. Final Approval Hearing: approximately 30 days after final approval submissions; and 6. pending the outcome of a final fairness hearing, preliminarily enjoin all members of the Settlement Class from commencing, prosecuting, or maintaining any claim against the Settling Defendants already asserted in and encompassed by the Actions as defined in the Settlement Agreement. A copy of the Joint Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=xdNZVlNg The Plaintiff is represented by: Jason E. Causey, Esq. James G. Bordas, Jr., Esq. BORDAS & BORDAS 1358 National Road Wheeling, WV 26003 Telephone: (304) 242-8410 Facsimile: (304) 242-3936 E-mail: jason@bordaslaw.com jbordas@bordaslaw.com - and - Ralph Young, Esq. Christopher Frost, Esq. Steven Broadwater, Esq. Jed Nolan, Esq. HAMILTON, BURGESS, YOUNG & POLLARD, PLLC P.O. Box 959 Fayette, WV 25840 Telephone: (304) 574-2727 Facsimile: (304) 574-3709 E-mail: ryoung@hamiltonburgess.com cfrost@hamiltonburgess.com sbroadwater@hamiltonburgess.com jnolan@hamiltonburgess.com Defendant Northstar Location Services, LLC, is represented by: Albert C. Dunn, Jr., Esq. BAILEY & WYANT, PLLC 500 Virginia Street East, Suite 600 Post Office Box 3710 Charleston, WV 25301 Telephone: (304) 720-0742 Facsimile: (304) 343-3133 E-mail: adunn@baileywyant.com - and - Michael Alltmont, Esq. Bryan C. Shartle, Esq. SESSIONS, FISHMAN, NATHAN, & ISRAEL 3850 N. Causeway Blvd., Suite 200 Metairie, LA 70002 Telephone: (504) 828-3700 Facsimile: (504) 282-3737 E-mail: malltmont@sessions.legal bshartle@sessions.legal OKLAHOMA: Class Certification Sought in "Simmons" Suit ------------------------------------------------------ Plaintiff AllInOne Project moves for certification as a class action of the lawsuit captioned GLYNN R. SIMMONS, et al. v. MARY FALLIN, et al., Case No. 5:17-cv-00908-D (W.D. Okla.), under Rule 23(b) of the Federal Rules of Civil Procedure and for appointment of counsel. Mary Fallin is the current Governor of Oklahoma. AllInOne Project, who appears pro se, alleges that 1) prison overcrowding and understaffing is not only inherently unsafe to prisoners and prison staff, but that Oklahoma prisons are extremely violent, uncontainable and, in the last year, there have been hundreds of incidents of violence, death, and suicide, which could have been prevented; and 2) Ms. Fallin's operation of the Oklahoma Pardon and Parole Board in an arbitrary and capricious manner exacerbates the overcrowding problem. There are approximately 27,000 prisoners impacted by the overcrowding of Oklahoma prisons and unconstitutional operation of the Oklahoma Pardon and Parole Board, the Plaintiff adds. Defendant Joe Allbaugh, Director of the Oklahoma Department of Corrections, in a series of news articles and most recently an interview with PBS essentially confessed the facts alleged in the complaint, AllInOne Project further contends. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=oKiW1vpQ ORBITAL ATK: "Simnowitz" Suit Seeks to Enjoin Northrop Merger ------------------------------------------------------------- STEPHEN SIMNOWITZ, on Behalf of Himself and All Others Similarly Situated, the Plaintiff, v. ORBITAL ATK, INC., DAVID W. THOMPSON, RONALD R. FOGLEMAN, KEVIN P. CHILTON, ROXANNE J. DECYK, LENNARD A. FISK, RONALD T. KADISH, TIG H. KREKEL, DOUGLAS L. MAINE, ROMAN MARTINEZ IV, JANICE I. OBUCHOWSKI, JAMES G. ROCHE, HARRISON H. SCHMITT, and SCOTT L. WEBSTER, the Defendants, Case No. 1:17-cv- 01181-CMH-IDD (E.D. Va., Oct. 18, 2017), seeks to enjoin stockholder vote on a Proposed Transaction unless and until such Exchange Act violations are rectified. On September 18, 2017, Orbital and Northrop Grumman issued a joint press release that they had entered into an Agreement and Plan of Merger, dated September 17, 2017 pursuant to which Northrop Grumman will acquire Orbital. Under the terms of the Merger Agreement, Orbital stockholders will have the right to receive $134.50 in cash for each share of Company common stock they own. The Proposed Transaction is valued at approximately $9.2 billion. On October 2, 2017, Orbital filed a Preliminary Proxy Statement on Schedule 14A with the SEC. The Proxy recommends that Orbital stockholders vote in favor of the Proposed Transaction. However, it omits or misrepresents material information concerning, among other things: (a) Orbital management's projections, utilized by Orbital's financial advisor, Citigroup Global Markets Inc.; (b) the valuation analyses prepared by Citigroup regarding its fairness opinion; and (c) Orbital insiders' potential conflicts of interest. The failure to adequately disclose such material information constitutes a violation of Sections 14(a) and 20(a) of the Exchange Act as Orbital stockholders need such material information in order to cast a fully-informed vote or seek appraisal in connection with the Proposed Transaction. Orbital's public stockholders will be forced to make a voting or appraisal decision on the Proposed Transaction without full disclosure of all material information regarding the Proposed Transaction being provided to them. Orbital purports to be an aerospace and defense systems company and supplier of related products to the U.S. government, allied nations, and contractors. Orbital's main products include launch vehicles and related propulsion systems; satellites and associated components and services; composite aerospace structures; tactical missiles, subsystems and defense electronics; and weapons, armament systems and ammunition.[BN] The Plaintiff is represented by: Charles L. Williams, Esq. James C. Skilling, Esq. WILLIAMS & SKILLING PC 4801 Radford Avenue, Suite A Richmond, VA 23230 Telephone: (804) 447 0307 Facsimile: (804) 447 0367 E-mail: cwilliams@williamsandskilling.com jskilling@williamsandskilling.com - and - Thomas J. McKenna, Esq. Gregory M. Egleston, Esq. GAINEY McKENNA & EGLESTON 440 Park Avenue South, 5th Floor New York, NY 10016 Telephone: (212) 983 1300 Facsimile: (212) 983 0383 E-mail: tjmckenna@gme-law.com gegleston@gme-law.com ORGANIC CONNECTION: Martinica Seeks Unpaid Wages under FLSA ----------------------------------------------------------- ARACELY MARTINICA, and other similarly situated individuals, Plaintiff, v. ORGANIC CONNECTION FOODS, INC. a Florida Profit Corporation; AHMAD SH:EHADEH, individually; ABDELKARIM SHEHADEH, individually; and MAHMOUD SHEHADEH, individually, the Defendants, Case No. 63012327 (Circuit Court of The Eleventh Judicial Circuit in and for Miami-Dade County, Fla., Oct. 18 , 2017), seeks to recover damages exceeding $15,000 excluding attorneys' fees or costs for unpaid wages under the Fair Labor Standards Act and the Florida Minimum Wage Act. According to the complaint, the Defendant failed to compensate Plaintiff the required minimum wage and/or overtime at rate of one and a half times Plaintiff's regular rate of pay for all hours worked in excess of 40 within a single work week. The Plaintiff should have been compensated at the correct minimum wage and/or overtime rate of one and half times Plaintiff's regular rate for those hours that Plaintiff worked in excess of 40 within a single work week. The Defendant delivers organic produce at affordable prices.[BN] The Plaintiff is represented by: Anthony M. Georges-Pierre, Esq. REMER & GEORGES-PIERRE, PLLC 44 West Flagler St., Suite 2200 Miami, FL 33130 Telephone: 305 416 5000 Facsimile: 305 416 5005 E-mail: agp@rgpattomeys.com tregueiro@rgpattomeys.com pn@rgpattomeys.com PACFUL INC: Faces "Cassista" Suit in California State Court ----------------------------------------------------------- A class action lawsuit has been filed against Pacful, Inc. The case is captioned as Sandra Cassista, on behalf of other members of the general public similarly situated, the Plaintiff, v. Does 1-100 and Pacful, Inc., a Calif. Corp., Case No. 34-2017-00220887- CU-OE-GDS (Cal. Super. Ct., Oct. 18, 2017). Pacful, Inc. was founded in 2010. The company's line of business includes Commercial printing and the lithographic process.[BN] The Plaintiff is represented by: Edwin Aiwazian, Esq. LAWYERS for JUSTICE, PC 410 Arden Ave Ste 203 Glendale, CA 91203 Telephone: (818) 265 1020 Facsimile: (818) 265 1021 E-mail: edwin@lfjpc.com PLANNED BUILDING: "Hunter" Suit Seeks Unpaid OT under Labor Law --------------------------------------------------------------- David Hunter, Individually, and on behalf of all others similarly situated, the Plaintiff, v. Planned Building Services, Inc., the Defendant, Case No. 15053/2017 (N.Y. Sup. Ct., Oct. 30, 2017), seeks to recover maximum liquidated damages, unpaid overtime wages and non-overtime wages, and costs and attorneys' fees under the New York Labor Law. The Defendant failed and willfully failed to provide Plaintiff, with the notice(s) required by NYLL - Plaintiff is therefore entitled to and seek to recover in this action the maximum recovery for this violation, plus attorneys' fees and costs pursuant to NYLL including NYLL, as well as an injunction directing Defendant to comply with NYLL.[BN] Planned Building Services Inc. operates as a special service company. The Plaintiff is represented by: Abdul K. Hassan, Esq. Abdul Hassan Law Group, PLLC 215-28 Hillside Avenue, Queens Village, NY 11427 Telephone: (718) 740 1000 Facsimile: (718) 740 2000 E-mail: abdul@abdulhassan.com POMPANO AUTOMOTIVE: Faces "Benhayon" Suit over Robocalls -------------------------------------------------------- LEE BENHAYON, individually and on behalf of all others similarly situated v. POMPANO AUTOMOTIVE ASSOCIATES, LLC d/b/a JOEY ACCARDI CHRYSLER JEEP DODGE RAM, Case No. 0:17-cv-62102-KMM (S.D. Fla., October 26, 2017), alleges that Defendant -- or third parties directed by Defendant -- used equipment having the capacity to dial numbers without human intervention to make non-emergency telephone calls to the cellular telephones of Plaintiff and the other members of the Class. Defendant knew that it did not have prior express consent to make these calls, and knew or should have known that it was using equipment that at constituted an automatic telephone dialing system. Plaintiff and the other members of the putative Class were harmed and are each entitled to a minimum of $500.00 in damages for each violation. Plaintiff and the class are also entitled to an injunction against future calls. Pompano Automotive, located at 909 South Federal Highway, Pompano Beach, Florida, directs, markets, and provides its business activities throughout the State of Florida.[BN] The Plaintiff is represented by: Manuel S. Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Boulevard, Suite 1400 Ft. Lauderdale, FL 33301 Telephone: 954.400.4713 Email: mhiraldo@hiraldolaw.com - and - Andrew J. Shamis, Esq. SHAMIS & GENTILE, P.A. 14 NE 1st Avenue, Suite 400 Miami, FL 33132 Tel: (305) 479-2299 Fax: (786) 623-0915 E-mail: ashamis@shamisgentile.com PREMARA FINANCIAL: Sharpenter Challenges Select Bancorp Merger -------------------------------------------------------------- TED SHARPENTER, individually and on behalf of all others similarly situated v PREMARA FINANCIAL, INC., CAROLINA PREMIER BANK, F. DOUGLAS BANKS, DAVID BARKDALE, COLEMAN J. CLOUGHERTY, CHARLES R. DAVIS, LYNNE TATUM LITTLE, ROBERT J. MACCUBBIN, JR., TIMOTHY A. TUCKER, THOMAS W. TYREE, SETH WILFONG, SELECT BANCORP, INC., AND SELECT BANK AND TRUST COMPANY, Case no. 3:17-cv-00607 (W.D.N.C., October 12, 2017), contends that the defendants' merger agreement violates Sections 14 and 20 of the Securities and Exchange Act of 1934. Premara Financial's common stock is traded on the OTCQB under the ticker symbol "PARA". Carolina Bank is a North Carolina banking corporation, a wholly owned subsidiary of Premara Financial, and a party to a Merger Agreement. Carolina Bank's headquarters are located at 13024 Ballantyne Corporate Place, Suite 100, Charlotte, NC 28277. David Barksdale is the director and the President and the Chief executive Officer of Premara Financial. Douglas Banks, Charles Davis, Lynne Tatum Little, Robert J. Maccubin Jr., Timothy Tucker, Thomas Tyree and Seth Wilfong are directors of Premara Financial. Select Bancorp is a North Carolina bank holding corporation and maintains its principal executive offices at 700 W. Cumberland Street, Dunn, NC 28334. Select Bancorp's common ctock is traded on the NasdaqGM under the ticker symbol "SLCT". Select Bank is a North Carolina banking corporation, a wholly owned subsidiary of Select Bancorp, and a party to the Merger Agreement. Select bank's headquarters are located at 700 W, Cumberland Street, Dunn, NC 28334.[BN] The Plaintiffs are represented by: Janet Ward Black, Esq. Nancy Meyers, Esq. WARD BLACK LAW 208 West Wendover Avenue Greensboro, NC 27401 Tel: (336) 333-2244 Fax: (336) 379-9415 E-mail: jwblack@wardblack.com PRIMEFLIGHT AVIATION: "Dones" Suit Seeks Minimum Wage, OT Pay ------------------------------------------------------------- Edgardo Dones, Romeo Vite, Emmanuel Benjamin, on behalf of themselves, others similarly situated, and the general public, the Plaintiffs, v. Primeflight Aviation Services, Inc. and DOES 1-25, the Defendants, Case No. CGC-17-562193 (Cal. Super. Ct., Oct. 30, 2017), seeks to recover compensatory damages, statutory damages, waiting time penalties, and prejudgment interest under California Labor Code. According to the complaint, the Defendants failed to pay minimum wage, overtime compensation, meal period compensation, and rest period compensation. Primeflight operates nationally in the United States providing ground handling services, aircraft services, and terminal services to major airlines and airports.[BN] The Plaintiff is represented by: Arlo Garcia Uriarte, Esq. Un Kei Wu, Esq. Emesto Sanchez, Esq. Daniel Iannitelli, Esq. LIBERATION LAW GROUP, P.C. 2760 Mission Street San Francisco, CA 9411 0 Telephone: (415) 695 1000 Facsimile: (415) 695 1006 PROCTER & GAMBLE: Pettit Moves to Certify Class of Wipes Buyers --------------------------------------------------------------- The Plaintiff in the lawsuit titled JAMIE PETTIT, an individual, on behalf of herself, the general public and those similarly situated v. THE PROCTER & GAMBLE COMPANY, Case No. 3:15-cv-02150- RS (N.D. Cal.), asks the Court to certify this class: All persons who, between April 6, 2011 and the [date of class certification], purchased in California the Charmin Freshmates Flushable Wipes (excluding purchases for purpose of resale). The Class will pursue claims under the Unfair Competition Law, the California Legal Remedies Act, the California False Advertising Law and for common law fraud, deceit and/or misrepresentation. The case involves Procter & Gamble's alleged false and misleading labeling of Charmin Freshmate wet wipes as "flushable" even though they are not suitable for flushing. Because the wipes are made of thick, strong fibers, they do not disperse in the toilet (unlike toilet paper) and, thus, greatly increase the risk of clogs in household plumbing and municipal water treatment systems, the Plaintiff contends. Ms. Pettit also asks that the Court appoint (1) her as class representative on all claims, and (2) Gutride Safier LLP; Tycko & Zavareei LLP; and Spangenberg Shibley & Liber LLP as class counsel. She further asks the Court to order the parties to meet and confer and present this Court, within 15 days of an order granting class certification, a proposed notice to the certified class. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=GN0UHo99 The Plaintiff is represented by: Adam J. Gutride, Esq. Seth A. Safier, Esq. Kristen G. Simplicio, Esq. GUTRIDE SAFIER LLP 100 Pine Street, Suite 1250 San Francisco, CA 94111 Telephone: (415) 271-6469 Facsimile: (415) 449-6469 E-mail: adam@gutridesafier.com seth@gutridesafier.com Kristen@gutridesafier.com - and - Lorenzo B. Cellini, Esq. TYCKO & ZAVAREEI LLP 1828 L Street, N.W., Suite 2000 Washington, DC 20036 Telephone: (202) 973-0900 Facsimile: (202) 973-0950 E-mail: lcellini@tzlegal.com - and - Stuart E. Scott, Esq. SPANGENBERG SHIBLEY & LIBER LLP 1001 Lakeside Avenue East, Suite 1700 Cleveland, OH 44114 Telephone: (216) 696-3232 Facsimile: (216) 696-3924 E-mail: sscott@spanglaw.com PROGRESSIVE BUSINESS: Duggins Sues Over Illegally-Faxed Ads ----------------------------------------------------------- Duggins Carpet Care, Inc., behalf of itself and all others similarly situated, Plaintiff, v. Progressive Business Funding, Inc. And 11th Hour Investments, Inc., Defendants, Case No. 3:17- cv-00713 (N.D. Fla., September 28, 2017), seeks statutory damages of $500 per violation, trebled statutory damages in the amount of $1,500 per violation and such other relief under the Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Prevention Act of 2005. Duggins Carpet Care received unsolicited facsimile advertisements from Defendants on multiple occasions, says the complaint. [BN] Plaintiff is represented by: Keith W. Weidner, Esq. J. Phillip Warren, Esq. TAYLOR, WARREN & WEIDNER, P.A. 1823 N. 9th Avenue Pensacola, FL 32503-5270 Phone: (850) 438-4899 Fax: (850) 438-4044 Email: kweidner@twwlawfirm.com pwarren@twwlawfirm.com thendrix@twwlawfirm.com - and - Oscar M. Price, IV, Esq. Nicholas W. Armstrong, Esq. PRICE ARMSTRONG, LLC 2421 2nd Avenue North, Suite 1 Birmingham, AL 35203 Phone: (205) 208-9588 Fax: (205) 208-9598 Email: nick@pricearmstrong.com oscar@pricearmstrong.com RAMINENI LAW: Fails to Pay Overtime, "Datta" Suit Claims -------------------------------------------------------- ARUNIMA DATTA, individually and on behalf of herself and others similarly situated, the Plaintiff, v. RAMINENI LAW ASSOCIATES AND SININAS RAMINENI, the Defendants, Case No. 17-3161 (Mass. Super. Ct., Oct. 30, 2017), seeks to recover unpaid wages and overtime under Mass. Gen. Laws. Ms. Datta had worked as a paralegal at Ramineni Law. When she joined the firm, it asked her to sign an employment agreement. She did so. The agreement provides that Ms. Datta would be paid over time at one and one half times her hourly rate as to hours worked beyond forty in a week. The firm, however, refused to pay her for all hours worked. It would not pay any additional compensation until after she worked 45 hours each week. Accordingly, she worked five hours each week absent any pay from Ramineni Law. Ramineni Law also required Ms. Datta to work additional hours of overtime. She worked hundreds of hours of overtime during her tenure at the company. The company issued records stating the hours worked. In addition, Ms. Datta and all of the employees punched in and out each day. Time records exist. Ramineni Law, however, paid Ms. Datta "straight time" of $25 for each overtime hour worked. It did not pay her $37.50 per our which had been the correct overtime rate. Ramineni Law simply did not pay Ms. Datta overtime or for all hours worked. Ramineni Law is a Boston-based immigration law firm serving both businesses and individuals throughout Massachusetts.[BN] The Plaintiff is represented by: Christopher J. Trombetta, Esq., LAW OFFICE OF CHRISTOPHER J. TROMBETTA 121 North Main Street, Suite 12 Mansfield, MA 02048 Telephone: (508) 339 5900 Facsimile: (508) 339 3111 E-mail: chris@trombettalaw.com RAYMOND JAMES: Daccache Moves to Certify Class of Investors ----------------------------------------------------------- The Plaintiffs in the lawsuit entitled ALEXANDRE DACCACHE, CARLOS ENRIQUE HILLER SANCHEZ, PHILIP CALDERWOOD, JOSE ANTONIO PIETRI, JOSE R. CASSERES-PINTO, TONGYI WANG, JOHANNES EIJMBERTS, and LORNE MORRIS, on behalf of themselves and all others similarly situated v. RAYMOND JAMES & ASSOCIATES, INC., PEOPLE'S UNITED FINANCIAL, INC., as successor-in-interest to Chittenden Trust Company, PEOPLE'S UNITED BANK, ARIEL QUIROS, WILLIAM STENGER, and JOEL BURSTEIN, Case No. 1:16-cv-21575-FAM (S.D. Fla.), move to certify a proposed class comprised of investors around the world, including more than 40 of the United States. The Plaintiffs' amended motion seeks to certify a class of 837 foreign investors, each of whom invested $500,000 in one of eight Jay Peak Limited Partnerships through the federal EB-5 Immigrant Investor Program and paid an "administrative fee" in connection with that investment. Although the sponsors of the Jay Peak investments, Ariel Quiros and William Stenger, pitched each Limited Partnership as a distinct set of development projects, the offering documents provided to all investors were materially identical and uniformly failed to disclose that the Jay Peak investments were being operated as a Ponzi scheme, the Plaintiffs contend. Quiros diverted, commingled, and looted hundreds of millions of dollars in investor funds with substantial assistance from Stenger, Raymond James & Associates, Inc., and People's United Bank and People's United Financial, Inc., the Plaintiffs allege. A copy of the Amended Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=eBoU6AI3 The Plaintiffs are represented by: Paul Aiello, Esq. Michael P. Bennett, Esq. Jeremy R. Kreines, Esq. BENNETT AIELLO The Ingraham Building, Eighth Floor 25 Southeast Second Avenue Miami, FL 33131 Telephone: (305) 358-9011 Facsimile: (305) 358-9012 E-mail: paiello@bennettaiello.com mbennett@bennettaiello.com jkreines@bennettaiello.com - and - Thomas A. Tucker Ronzetti, Esq. Harley S. Tropin, Esq. Dyanne E. Feinberg Rachel Sullivan, Esq. Maia Aron, Esq. Tal J. Lifshitz, Esq. KOZYAK TROPIN & THROCKMORTON LLP 2525 Ponce de Leon Blvd., 9th Floor Coral Gables, FL 33134 Telephone: (305) 372-1800 Facsimile: (305) 372-3508 E-mail: tr@kttlaw.com hst@kttlaw.com def@kttlaw.com rs@kttlaw.com ma@kttlaw.com tjl@kttlaw.com - and - Daniel C. Girard, Esq. Adam E. Polk, Esq. Angelica M. Ornelas, Esq. GIRARD GIBBS LLP 601 California Street, 14th Floor San Francisco, CA 94108 Telephone: (415) 981-4800 E-mail: dcg@girardgibbs.com aep@girardgibbs.com amo@girardgibbs.com - and - Kathleen M. Donovan-Maher, Esq. Steven Buttacavoli, Esq. Mark A. Delaney, Esq. Nathaniel L. Orenstein, Esq. BERMAN TABACCO One Liberty Square Boston, MA 02109 Telephone: (617) 542-8300 Facsimile: (617) 542-1194 E-mail: kdonovanmaher@bermantabacco.com sbuttacavoli@bermantabacco.com mdelaney@bermantabacco.com norenstein@bermantabacco.com ROCKY'S BAR: "Garcia" Suit Seeks Unpaid Overtime under FLSA ----------------------------------------------------------- ABRAHAM GARCIA, on behalf of himself, FLSA Collective Plaintiffs and the Class, the Plaintiff, v. ROCKY'S BAR & RESTAURANT, INC. d/b/a ROCKY'S BAR AND RESTAURANT, JOHN DOE CORP. d/b/a ROCKY'S PIZZERIA, MATTHEW HOXHAJ and INDRIT KRAJA, the Defendants, Case No. 656621/2017 (N.Y. Sup. Ct., Oct. 30, 2017), seeks to recover unpaid overtime, liquidated damages, and attorneys' fees and costs pursuant to the Fair Labor Standards Act and New York Labor Law. The Plaintiff and the other FLSA Collective Plaintiffs are and have been similarly situated, have had substantially similar job requirements and pay provisions, and are and have been subjected to Defendants' decisions, policies, plans, programs, practices, procedures, protocols, routines, and rules, all culminating in a willful failure and refusal to pay Plaintiff and FLSA Collective Plaintiffs their proper overtime compensation at the rate of one and one half times the regular rate for work in excess of 40 hours per workweek.[BN] The 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 Telephone: (212) 465 1188 Facsimile: (212) 465 1181 ROYAL SEAS: "DeForest" Suit Transferred to S.D. Cal. ----------------------------------------------------- The case captioned Dan DeForest, individually and behalf of all others similarly situated, Plaintiff, v. Royal Seas Cruises, Inc., and Does 1 through 10, inclusive, and each of them, Defendant, Case No. 8:17-cv-00977 (C.D. Cal., June 7, 2017), was transferred to the U.S. District Court for the Southern District of California on September 25, 2017, under Case No. 3:17-cv-01988. Defendant operates cruises and uses telemarketers to place calls to prospective customer. Plaintiff received such calls from Royal Seas placed from an auto-dialer. [BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. Meghan E. George, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St., Suite 780 Woodland Hills, CA 91367 Phone: (877) 206-4741 Fax: 866-633-0228 Email: tfriedman@toddflaw.com abacon@toddflaw.com mgeorge@toddflaw.com Royal Seas Cruises, Inc. is represented by: Brian R. Cummings, Esq. GREENSPOON MARDER P.A. 401 E. Jackson Street, Suite 1825 Tampa, FL 33302 Tel: (813) 769-7020 Fax: (813) 426-8580 Email: brian.cummings@gmlaw.com - and - Christine M. Reilly, Esq. MANATT PHELPS & PHILLIPS, LLP 11355 W. Olympic Boulevard Los Angeles, CA 90064 Tel: (310) 312-4000 Fax: (310) 312-4224 Email: creilly@manatt.com - and - Jeffrey A. Backman, Esq. GREENSPOON MARDER P.A. 200 East Broward Boulevard, Suite 1500 Fort Lauderdale, FL 33301 Tel: (954) 491-1120 Fax: (954) 213-0140 Email: jeffrey.backman@gmlaw.com - and - Anton Nasri Handal, Esq. GREENSPOON MARDER LLP 401 West A Street Suite 1150 San Diego, CA 92101 Tel: (619) 544-6400 Fax: (619) 696-0323 SAN FRANCISCO, CA: Buffin Seeks to Certify Class of Arrestees ------------------------------------------------------------- The Plaintiffs in the lawsuit captioned RIANA BUFFIN and CRYSTAL PATTERSON, on behalf of themselves and others similarly situated v. VICKI HENNESSY in her official capacity as the San Francisco Sheriff, et al., Case No. 4:15-cv-04959-YGR (N.D. Cal.), ask the Court to certify this class for the purpose of pursuing declaratory and injunctive relief: all arrestees who are, or who will be, in the custody of the City and County of San Francisco because they cannot afford the bail set by San Francisco's fixed bail schedule and who are otherwise eligible for release. The case is about San Francisco's wealth-based pretrial detention scheme, which operates to jail some of San Francisco's poorest residents solely because they cannot pay an arbitrary amount of money, the Plaintiffs allege. They tell the Court that the Defendants jailed them because they could not afford to pay the amount set by Defendants' fixed "bail schedule" to gain their release. On behalf of the many other arrestees subjected to the Defendants' wealth-based post-arrest detention scheme, the Plaintiffs challenge the use of an offense-based, arbitrary "bail schedule," which operates to detain the most impoverished arrestees. The Court will commence a hearing on December 12, 2017, at 2:00 p.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=qRK8244C The Plaintiffs are represented by: Phil Telfeyan, Esq. EQUAL JUSTICE UNDER LAW 400 7th Street NW, Suite 602 Washington, DC 20004 Telephone: (202) 505-2058 E-mail: ptelfeyan@equaljusticeunderlaw.org SANTA BARBARA HOSPITALITY: Court OKs $8.5MM Deal in "Byrne" Suit ---------------------------------------------------------------- The Hon. Jesus G. Bernal entered an order in the lawsuit titled Lauren Byrne v. Santa Barbara Hospitality Services, Inc., et al., Case No. 5:17-cv-00527-JGB-KK (C.D. Cal.), granting: (1) Plaintiffs Lauren Byrne, Jenneta L. Bracy, Bambie Bedford, and Jennifer Disla's unopposed motion for class certification and preliminary approval of settlement; and (2) Plaintiffs leave to file a second amended complaint. In the Settlement Agreement, the Defendants continue to deny liability for the claims alleged in the Complaint. Nevertheless, the Defendants agree to pay a total settlement amount of $8.5 million, of which $5.5 million shall constitute the gross cash settlement amount and $3 million shall constitute the credit benefit settlement amount. Under no circumstances will the Defendants be responsible for making payments in excess of the gross cash settlement amount. However, to the extent class members elect to receive credit benefits in lieu of cash, that election will not deplete the available credit benefit settlement amount. Class members will be paid for their dance days. The payment for each individual class member will be calculated by taking the net monetary settlement amount and dividing it by the total number of dance days worked by all potential class members. Class members need to submit a claim form to the settlement administrator before the expiration of the claims period. A Class member may elect to receive a credit benefit of two times the cash payment for redemption at her qualifying club in lieu of receiving the determined cash payment amount that the class member would be eligible for. Additionally, $100,000 attributed to PAGA will be funded solely by the California Settlement Class Clubs listed in Section 1.11. Of that $100,000, 75% of it will be paid to the Labor and Workforce Development Agency ("LWDA") and 25% of it will revert to the settlement fund. In exchange, Plaintiffs from California, Texas, Oregon, Florida, Idaho, Iowa, Minnesota, as well as the FLSA Plaintiffs agree to forever release Defendants from claims that arose or could arise from this litigation. The Settlement Agreement also provides that class counsel shall receive no more that 25% of the gross cash settlement amount and the credit benefit settlement amount plus reasonable costs that do not exceed $2,144,646. The Settlement Agreement also provides that the cost of administration will be paid by the Defendants and deducted from the gross cash settlement amount. Additionally, the Settlement Agreement seeks incentive fees up to $2,500 to be awarded to the class representatives. The settlement classes are defined as: The FLSA Collective: The FLSA Settlement Class shall consist of entertainers who are members of the California, Idaho, Iowa, Florida, Kentucky, Minnesota, Oregon and Texas Settlement Classes who elect to participate in the Settlement by timely submitting a valid Claim Form and who performed at one or more of Defendants' Clubs as entertainers and in conjunction therewith have provided nude, semi-nude and/or bikini entertainment for customers at the Clubs during the FLSA statutory class period. The State Law Classes: These Rule 23 classes shall be comprised of individual state classes under the laws of California, Idaho, Iowa, Florida, Kentucky, Minnesota, Oregon and Texas. PAGA: The settlement resolves claims brought under California Labor Code Section 2699 known as the California Private Attorney General Act ("PAGA"). Sums, as set forth in the settlement agreement, shall be allocated for PAGA. A copy of the Civil Minutes is available at no charge at http://d.classactionreporternewsletter.com/u?f=diRJUnNy Plaintiff Lauren Byrne is represented by: Melinda Arbuckle, Esq. BARON AND BUDD PC 3102 Oak Lawn Avenue #1100 Dallas, TX 75219 Telephone: (214) 521-3605 Facsimile: (214) 520-1181 E-mail: marbuckl@baronbudd.com - and - Ricardo J. Prieto, Esq. SHELLIST LAZARZ SLOBIN LLP Eleven Greenway Plaza, Suite 1515 Houston, TX 77046 Telephone: (832) 539-4690 E-mail: rprieto@eeoc.net - and - Salvatore C. Badala, Esq. NAPOLI SHKOLNIK, PLLC 360 Lexington Avenue, 11th Floor Manhattan, NY 10017 Telephone: (844) 230-7676 E-mail: sbadala@napolilaw.com The Defendants are represented by: John M. Kennedy, Esq. Peter E. Garrell, Esq. GARRELL LAW, P.C. 1875 Tandem Way Norco, CA 92860 Telephone: (714) 451-4148 E-mail: pgarrell@garrelllaw.com jkennedy@garrellaw.com SATANDER SECURITIES: Ponsa & Perez Sue over Puerto Rico Crisis -------------------------------------------------------------- The case, Jorge Ponsa-Rabell and Carina Perez-Cisneros Armenteros on behalf of all others similarly situated v Santander Securities, L.L.C., Case No. 3:17-cv-02243 (D. P.R., October 12, 2017), alleges that Banco Santander, its affiliates and subsidiary SSLLC, have earned enormous income from commercial transactions that encouraged Puerto Rico to issue debt to unsustainable levels and that came to be unpayable. SSLLC's misconduct constitutes gross violations of the federal securities laws, the securities contract, and damages' laws and regulations of the Commonwealth of Puerto Rico. The lawsuit asserts claims under the federal securities laws, and laws of the Commonwealth of Puerto Rico and seeks monetary compensation for plaintiffs' economic losses and rescission of the purchased transactions of the PR securities plus attorney's fees. SSLLC is a registered broker/dealer, FINRA Member CRD# 41791 and a Registered Investment Advisor with Main Office location at Santander Tower B7 Tabonuco Street, Suite 1800, Guaynabo, PR 00968-3028 with mailing address at 75 State Street. SSLLC is a subsidiary of Santander BanCorp, which is part of Santander Holdings USA, Inc. (SHUSA) and is a company offering integrated financial services in Puerto Rico. SHUSA is a wholly owned subsidiary of Banco Santander S.A. with corporate headquarters at CGS Av. Cantabria s/n 28660 Boadilla del Monte, Madrid (Spain). Banco Santander S.A. and its subsidiaries SHUSA, Santander BanCorp and SSLLC are jointly referred to as "Santander". SSLLC is a securities and money management firm that provides Broker-Dealer, financial consultant services and investment products. SSLLC is the dominant market trader of PRMB and market maker and trader in shares of the First Puerto Rico Funds (PRCEFs). Jorge Ponsa-Rabell is of legal age, a businessman, domiciled and resident of Puerto Rico; and Carina Perez-Cisneros Armenteros (Ms. Perez) is of legal age, a dental resident at the University of Puerto Rico, Medical Sciences Campus, domiciled and resident of San Juan, Puerto Rico.[BN] The Plaintiffs are represented by: Eric Quetglas-Jordan, Esq. QUETGLAS LAW OFFICE, P.S.C. 1353 Luis Vigoreaux Ave., PMB 669 Guaynabo, PR 00966 Tel: (787) 722-0635 E-mail: QuetglasLaw@gmail.com - and - Luis E. Minana, Esq. ESPADA, MINANA & PEDROSA LAW OFFICES, PSC 122 Calle Manuel Domenech Altos Urb. Baldrich San Juan, PR 00918 Tel: (787) 758-1999 Fax: (787) 773-0500 Cel. (787) 402-2226 E-mail: minanalaw@yahoo.com SCAFFOLDING SOLUTIONS: Epps and Sullivan File Wage-and-Hour Suit ---------------------------------------------------------------- TONY EPPS and MATTHEW SULLIVAN, For themselves and on behalf of all others similarly situated v SCAFFOLDING SOLUTIONS, LLC, Case No. 2:17-cv-00562-RBS-DEM (E.D. Va., Oct. 26, 2017) seeks to recover unpaid wages and damages under the Federal Fair Labor Standards Act of 1938 as amended, 29 U.S.C Sec. 201, et seq ("FLSA"), and for breach of contract, and for other damages. Scaffolding Solutions maintains eight branches total in Virginia, North Carolina, South Carolina and Washington, D.C. Defendant was engaged in commerce and the production of goods for commerce within the meaning of Sec. 3(s)(1) of the FLSA (29 U.S.C.) Sec. 203(s)(1). The lawsuit alleges that Defendant violated the FLSA willfully with respect to minimum wage and unpaid overtime during the applicable time period. Plaintiffs are not only entitled to minimum wage for their uncompensated hours, but under the oral contract between the parties, they are entitled to their respective hourly rates. Defendant's refusal to pay Plaintiffs compensation due and owing as per oral agreement between the parties constitutes a material breach of the compensation agreements resulting in substantial damages to the plaintiffs and individuals who are similar situated.[BN] The Plaintiffs is represented by: Christopher Colt, Esq. THE CONSUMER & EMPLOYEE RIGHTS LAW FIRM, P.C. 751-A Thimble Shoals Boulevard Newport News, VA 23606 Tel: (757) 873-1010 Fax: (757) 873-8375 Email: cnorthlaw@aol.com SCANA CORP: "Norman" Hits Share Drop Price Due to Shelved Project ----------------------------------------------------------------- Robert L. Norman, individually and on behalf of all others similarly situated, Plaintiff, v. Scana Corporation, Kevin B. Marsh, Jimmy E. Addison and Stephen A. Byrne, Defendants, Case No. 3:17-cv-02616 (D.S.C., September 27, 2017), seeks damages, including interest, reasonable costs and attorneys' fees and such other or further relief under the Securities and Exchange Act of 1934. SCANA is an energy-based holding company whose principal subsidiary, South Carolina Electric & Gas Company is a regulated public utility engaged in the generation, transmission, distribution and sale of electricity primarily in South Carolina. Defendants artificially drove up the price of SCANA's stock by omitting material information concerning the progress, cost and completion schedule of the multi-billion dollar nuclear construction project at V.C. Summer Nuclear Station in Fairfield County, South Carolina, says the complaint. The Nuclear Project was allegedly facing serious design, construction and cost headwinds. Its lead contractor for the project, Westinghouse Electric Company sought bankruptcy protection on March 29, 2017. Defendants harbored grave concerns about Westinghouse's financial viability to continue the construction of the project. On July 31, 2017, SCANA publicly announced that it would abandon construction of the nuclear project because of delays and cost overruns. In response to these announcements, SCANA's stock price fell approximately 5%, or $3.36 per share, to close at $63.79 per share on August 4, 2017, after several days of unusually heavy trading volume, thereby damaging investors including the Plaintiff. [BN] Plaintiff is represented by: Marlon E. Kimpson, Esq. William S. Norton, Esq. Joshua C. Littlejohn, Esq. MOTLEY RICE LLC 28 Bridgeside Boulevard Mt. Pleasant, South Carolina 29464 Tel: (843) 216-9000 Fax: (843) 216-9450 Email: mkimpson@motleyrice.com wnorton@motleyrice.com jlittlejohn@motleyrice.com - and - David P. Abel, Esq. U.S. MARKET ADVISORS LAW GROUP PLLC 5335 Wisconsin Ave. NW, Ste. 440 Washington, DC 20015 Tel: (202) 274-0237 Fax: (202) 686-2877 Email: dabel@usmarketlaw.com SHORE FUNDING: Cunningham's Bid for Class Certification Denied -------------------------------------------------------------- The Hon. Arthur D. Spatt entered a memorandum of decision & order in the lawsuit entitled CRAIG CUNNINGHAM, Individually and on behalf of all others similarly situated v. SHORE FUNDING SOLUTIONS INC., Case No. 2:17-cv-2080 (ADS)(AKT) (E.D.N.Y.), denying without prejudice the Plaintiff's motion for class certification. Craig Cunningham commenced the putative class action against the Defendant alleging violations of the Telephone Consumer Protection Act of 1991. The action is based on the Defendant's alleged use of an automatic telephone dialing system to deliver text messages to the Plaintiff's phone, without the prior express consent of the Plaintiff. Even if the Court were to accept the Plaintiff's argument that a putative class action complaint can potentially be rendered moot if the Defendant were to make an individual settlement offer, it still does not require the Plaintiff to have an early, pre- discovery class certification motion remain pending on the Court's docket until the Plaintiff has adequate discovery to file a more fully-developed motion, Judge Spatt opines. As a result, the class allegations are equally preserved at this point in the litigation, regardless whether the Court denies the motion without prejudice or allows this motion to remain on the docket until discovery is concluded, Judge Spatt says. Therefore, the Plaintiff's motion for class certification is denied without prejudice to renewal following the conclusion of discovery. A copy of the Memorandum of Decision & Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=n8MxM4yM The Plaintiff is represented by: Aytan Y. Bellin, Esq. BELLIN & ASSOCIATES, LLC 85 Miles Avenue White Plains, NY 10606 Telephone: (914) 358-5345 Facsimile: (212) 571-0284 E-mail: Aytan.Bellin@bellinlaw.com The Defendant is represented by: Clifford B. Olshaker, Esq. LAW OFFICES OF CLIFFORD B. OLSHAKER 40-75 75th Street, Third Floor Elmhurst, NY 11373 Telephone: (718) 429-2505 Facsimile: (718) 429-2096 E-mail: cliffordolshaker@yahoo.com SM ENERGY: Lirette Seeks to Certify Class of Workers Under FLSA --------------------------------------------------------------- The Plaintiff in the lawsuit styled MICHAEL LIRETTE, individually and On behalf of all those similarly situated v. SM ENERGY COMPANY, Case No. 4:17-cv-02093 (S.D. Tex.), asks the Court to conditionally certify and send Court-approved notice to these putative class members: All current and former wellsite personnel who worked as independent contractors/consultants for SM Energy Company during the past 3 years who were paid a day-rate. Michael Lirette worked for the Defendant, regularly working over 12 hours a day. He alleges that SMEC compensated him for these long hours on a day-rate basis, paying him a flat amount for all hours worked in a day without payment of overtime even though day- rate workers are entitled to overtime under the Fair Labor Standards Act. He argues that SMEC avoided paying him overtime by improperly classifying him as an independent contractor. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=KN7sJUwa The Plaintiff is represented by: Michael A. Josephson, Esq. Richard M. Schreiber, Esq. Andrew Dunlap, Esq. JOSEPHSON DUNLAP LAW FIRM 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Facsimile: (713) 352-3300 E-mail: mjosephson@mybackwages.com rschreiber@mybackwages.com adunlap@mybackwages.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH, PLLC 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Telephone: (713) 877-8788 Facsimile: (713) 877-8065 E-mail: rburch@brucknerburch.com SSM HEALTH: Seeks Prelim. Approval of "Mayberry" Suit Settlement ---------------------------------------------------------------- The parties in the lawsuit captioned CHRISTINA MAYBERRY, individually and on behalf of others similarly situated v. SSM HEALTH BUSINESSES, Case No. 4:15-cv-01680-CDP (E.D. Mo.), jointly move the Court for: (1) certification of FLSA collective action and for certification of Rule 23 class for settlement purposes; (2) preliminary approval of class action settlement agreement; and (3) approval of notice to the respective class members. The Plaintiff filed the lawsuit against SSM alleging that she and others similarly situated were employed by SSM as hourly-paid home healthcare workers and performed "off the clock" work without overtime pay pursuant to the Fair Labor Standards Act and the Missouri Minimum Wage Law, and also without receiving proper straight-time pay (also known as "gap time" pay) pursuant to Missouri common law. Solely for purposes of settlement, the parties stipulate to final certification of the FLSA collective action, consisting of all current and former Licensed Practical Nurses (LPNs) employed by SSM at the St. Louis and/or St. Louis West facilities at any time during the period of August 24, 2014, to the present. Based on information provided by SSM, the parties have stipulated that Paragraph 68 of the Class Action Settlement Agreement includes a list of all individuals covered by the FLSA collective action claim. Solely for purposes of settlement, the parties stipulate to the certification of a class consisting of all current and former Licensed Practical Nurses (LPNs) employed by SSM at the St. Louis and/or St. Louis West facilities at any time during the period of November 9, 2010 to the present. The parties agree that this proposed class is a proper and appropriate class under Rule 23 of the Federal Rules of Civil Procedure. Based on information provided by SSM, the parties have stipulated that Paragraph 68 of the Class Action Settlement Agreement includes a list of all individuals covered by the State Law claims. The parties also ask the Court to appoint Ms. Mayberry as the Class Representative and to appoint Russell C. Riggan, Esq., and Samuel W. Moore, Esq., of Riggan Law Firm, LLC as Class Counsel. According to the settlement, SSM shall bear all costs of class notice and settlement administration, which shall not reduce the Class recovery. Settlement payments for the FLSA collective action shall be issued to all persons, who file a timely opt-in notice. Settlement payments for the Rule 23 claims shall be issued to all Class Members, who do not return a valid and timely opt-out request and complete/submit a claim form. A copy of the Joint Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=wcXkd3Zl The Plaintiff and all those similarly situated are represented by: Russell C. Riggan, Esq. Samuel W. Moore, Esq. RIGGAN LAW FIRM, LLC 132 West Washington Avenue, Suite 100 Kirkwood, MO 63122 Telephone: (314) 835-9100 Facsimile: (314) 735-1054 E-mail: russ@rigganlawfirm.com smoore@rigganlawfirm.com Defendant SSM Health Businesses is represented by: Amy L. Blaisdell, Esq. Molly R. Batsch, Esq. GREENSFELDER, HEMKER & GALE, P.C. 10 South Broadway, Suite 2000 St. Louis, MO 63102 Telephone: (314) 241-9090 Facsimile: (314) 241-3643 E-mail: apb@greensfelder.com mrb@greensfelder.com SUBARU OF AMERICA: Salcedo Sues Over Defective Car Parts -------------------------------------------------------- VICENTE SALCEDO, individually and on behalf of all others similarly situated v SUBARU OF AMERICA, INC. and SUBARU Corporation, Case No. 1:17-cv-08173-JHR-AMD (D. N.J., October 12, 2017) arises from Defendants' failure to disclose to Plaintiff and similarly situated consumers that the engine in certain of their vehicles contain, inter alia, defective rotating assemblies. Vicente Salcedo is a citizen of California, residing in Westminster, Orange County. He purchased a 2013 Subaru Impreza WRX from a private party in August 2015 for personal use. While driving the car, Plaintiff noticed a "knocking sound" and then followed by a catastrophic engine fail. Plaintiff contacted Subaru in Orange County, which charged him diagnostic fee, then eventually for out-of-pocket repairs. Subaru Corporation, formerly known as Fuji Heavy Industries Ltd., is a Japanese corporation located at Ebisu Subaru Building, 1-20-8 Ebisu, Shibuya-ku, Tokyo 150-8554. Subaru Corporation is responsible for the design, manufacturing, distribution, marketing, sales and service of Subaru vehicles, including those in the United States. Subaru of America is a New Jersey corporation with its principal place of business located in Cherry Hill, New Jersey. The corporation is wholly-owned US sales and marketing subsidiary of Subaru Corporation and it distributes, markets, sales, and services Subaru vehicles in the United States. Plaintiff and the proposed California class are entitled to equitable relief, including restitutionary disgorgement of all profits accruing to Defendants because of their deceptive practices and an order requiring Subaru to adequately disclose and repair the defect.[BN] The Plaintiff is represented by: Joseph G. Sauder, Esq. Matthew D. Schelkpf, Esq. Joseph B. Kenney, Esq. MCCUNE WRIGHT AREVALO LLP 555 Lancaster Avenue Berwyn, PA 19312 Telephone: (610) 200-0581 E-mail: jgs@mccunewright.com mds@mccunewright.com jbk@mccunewright.com SUMMITT TRUCKING: Ratliff Moves to Certify Job Applicants Class --------------------------------------------------------------- Jerome Ratliff, Jr., seeks to certify the case styled JEROME RATLIFF JR., individually and on behalf of all others similarly situated v. SUMMITT TRUCKING, LLC, an Indiana limited liability company, and SUMMITT TRANSPORTATION GROUP, LLC, an Indiana limited liability company, Case No. 1:17-cv-07208 (N.D. Ill.), as a class action on behalf of a class defined as: All individuals in the United States who, from the date five years prior to the date of the filing of this action to the present, submitted an online job application to Defendants and were denied employment based in whole or in part on information contained in a consumer report without being provided within three business days of such adverse action an oral, written or electronic notification: (i) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency; (ii) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report; (iii) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to them the specific reasons why the adverse action was taken; and (iv) that they may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report. Mr. Ratliff also asks the Court to appoint him as Class Representative, and to appoint Michael Aschenbrener, Esq., and Adam York, Esq., of KamberLaw LLC as Class Counsel. In the alternative, Mr. Ratliff asks the Court to: a. enter and continue his Motion for Class Certification; b. set a schedule for discovery; and c. grant him leave to file an amended or renewed Motion for Class Certification upon the conclusion of discovery. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=2SC45Eut The Plaintiff is represented by: Michael Aschenbrener, Esq. Adam C. York, Esq. KAMBERLAW LLC 220 N Green St. Chicago, IL 60607 Telephone: (212) 920-3072 Facsimile: (212) 202-6364 E-mail: masch@kamberlaw.com ayork@kamberlaw.com TEXAS, USA: Court Refuses to Certify Students Class in LULAC Suit ----------------------------------------------------------------- The Hon. Robert Pitman denied without prejudice the Plaintiff's motion for class certification and appointment of class counsel in the lawsuit captioned LEAGUE OF UNITED LATIN AMERICAN CITIZENS v. STATE OF TEXAS, et al., Case No. 5:15-cv-00219-RP (W.D. Tex.). Plaintiff League of United Latin American Citizens brought suit under the Equal Educational Opportunities Act, seeking declaratory and injunctive relief. LULAC seeks an order requiring that the state of Texas; Michael Morath, in his official capacity as the Commissioner of Education; and the Texas Education Agency, effectively monitor, enforce, and supervise programs for English language learner students in Texas public schools. The Plaintiff further seeks an order requiring that Defendants Southwest Independent School District and North East Independent School District effectively implement, monitor, and supervise locally their language programs to ensure that ELL students receive appropriate educational programs and equal educational opportunities. In its Motion, the Plaintiff sought to certify a class of "all Latino English Language Learner students attending public secondary schools in Texas" (the "Statewide Class") and a subclass of "all Latino English Language Learner students attending public secondary schools in [the] Southwest Independent School District" (the "SWISD Subclass"). Despite holding that Plaintiff does not meet Rule 23's requirements at this time, the Court takes notice that the Plaintiff has been representing a statewide class of Mexican- American students in related litigation since it intervened to enforce the District Court's order in 1972. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=JMF7TFsm TITAN TRANSFER: Ratliff Wants Class of Job Applicants Certified --------------------------------------------------------------- Jerome Ratliff, Jr., asks the Court to certify the case titled JEROME RATLIFF JR., individually and on behalf of all others similarly situated v. TITAN TRANSFER, INC., a Tennessee corporation, Case No. 1:17-cv-07209 (N.D. Ill.), as a class action on behalf of a class defined as: All individuals in the United States who, from the date five years prior to the date of the filing of this action to the present, submitted an online job application to Defendant and were denied employment based in whole or in part on information contained in a consumer report without being provided within three business days of such adverse action an oral, written or electronic notification: (i) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency; (ii) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report; (iii) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to them the specific reasons why the adverse action was taken; and (iv) that they may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report. Mr. Ratliff also asks the Court to appoint him as Class Representative, and to appoint Michael Aschenbrener, Esq., and Adam York, Esq., of KamberLaw LLC as Class Counsel. In the alternative, Mr. Ratliff asks the Court to: a. enter and continue his Motion for Class Certification; b. set a schedule for discovery; and c. grant him leave to file an amended or renewed Motion for Class Certification upon the conclusion of discovery. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=Lw9nKvHV The Plaintiff is represented by: Michael Aschenbrener, Esq. Adam C. York, Esq. KAMBERLAW LLC 220 N Green St. Chicago, IL 60607 Telephone: (212) 920-3072 Facsimile: (212) 202-6364 E-mail: masch@kamberlaw.com ayork@kamberlaw.com TRANSCO LINES: Certification of Class Sought in "Ratliff" Suit -------------------------------------------------------------- Jerome Ratliff, Jr., moves the Court for an order certifying the case captioned JEROME RATLIFF JR., individually and on behalf of all others similarly situated v. TRANSCO LINES, INC., an Arkansas corporation, Case No. 1:17-cv-07211 (N.D. Ill.), as a class action on behalf of a class defined as: All individuals in the United States who, from the date five years prior to the date of the filing of this action to the present, submitted an online job application to Defendant and were denied employment based in whole or in part on information contained in a consumer report without being provided within three business days of such adverse action an oral, written or electronic notification: (i) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency; (ii) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report; (iii) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to them the specific reasons why the adverse action was taken; and (iv) that they may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report. Mr. Ratliff also asks the Court to appoint him as Class Representative, and to appoint Michael Aschenbrener, Esq., and Adam York, Esq., of KamberLaw LLC as Class Counsel. In the alternative, Mr. Ratliff asks the Court to: a. enter and continue his Motion for Class Certification; b. set a schedule for discovery; and c. grant him leave to file an amended or renewed Motion for Class Certification upon the conclusion of discovery. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=U1nR9IaF The Plaintiff is represented by: Michael Aschenbrener, Esq. Adam C. York, Esq. KAMBERLAW LLC 220 N Green St. Chicago, IL 60607 Telephone: (212) 920-3072 Facsimile: (212) 202-6364 E-mail: masch@kamberlaw.com ayork@kamberlaw.com TRUGREEN LIMITED: Morris May Refile Cert. Bid After Jan. 2 Report ----------------------------------------------------------------- The Hon. Gregory J. Kelly entered an order in the lawsuit captioned GEORGE MORRIS, SHANNON BOYD, RYAN COLEMAN, ANGEL APONTE and SCOTT SMITH v. TRUGREEN LIMITED PARTNERSHIP, Case No. 6:17-cv- 01465-PGB-GJK (M.D. Fla.): -- denying without prejudice, the Plaintiffs' motion for an order permitting court supervised notice to employees of their opt-in rights; and -- denying as moot, the Defendant's consented-to motion to stay the briefing schedule on the Plaintiffs' motion for conditional certification. Judge Kelly ruled that the Plaintiffs may file a renewed motion after the parties file their settlement report on January 2, 2018. On August 8, 2017, the Plaintiffs filed a collective action complaint against the Defendant alleging violation of the overtime wage provision of the Fair Labor Standards Act. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=j5teGoTF US SECURITY ASSOCIATES: "Woodall" Certified as Collective Action ---------------------------------------------------------------- The Hon. Pamela L. Reeves entered an agreed order conditionally certifying collective action under the Fair Labor Standards Act and issuing notice to class in the lawsuit entitled CARMAN WOODALL and JENA BARNETT on behalf of themselves and all other similarly situated employees v. U.S. SECURITY ASSOCIATES, INC., Case No. 1:16-cv-00473-PLR-CHS (E.D. Tenn.). Judge Reeves granted in part and denied in part the Plaintiffs' Motion for Approval of 29 U.S.C. Section 216(b) Notice and Consent Forms and to Order Disclosure of Current and Former Employees. Judge Reeves conditionally certifies an FLSA collective action consisting of: all individuals employed by U.S. Security Associates, Inc. ("USSA" or "Defendant"), at any time during the three years prior to entry of this Order, as non-exempt security guards at the Volkswagen Chattanooga Assembly Plant ("VW Plant") and who have neither worked nor are currently working in a supervisory capacity for USSA. The Notice and Consent to Become Party Plaintiff forms are authorized for distribution to the Conditional Class. No later than 14 days from the entry of the Order, the Defendant shall provide counsel for the Plaintiffs with the names and last known addresses of all putative members of the Conditional Class. The Plaintiffs' counsel, or a third-party designated by Plaintiffs' counsel, shall distribute to the putative members of the Conditional Class, via U.S. Mail, the attached authorized Notice. A copy of the Agreed Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=zap16tWs VALERO MARKETING: Class of Consumers Certified in "Bautista" Suit ----------------------------------------------------------------- The Hon. Richard Seeborg grants the Plaintiff's motion for class certification filed in the lawsuit styled FAITH BAUTISTA v. VALERO MARKETING AND SUPPLY COMPANY, Case No. 3:15-cv-05557-RS (N.D. Ca.). The class consists of "[a]ll consumers who, between December 3, 2011 and the final disposition of this action, purchased gasoline with a debit card from a Valero-branded station in California that sells gasoline for a 'cash' price and were charged more money per gallon than the available 'cash' price." Ms. Bautista brings suit against Valero, alleging that Valero- branded gas stations engage in deceptive advertising with respect to the price per gallon charged for gasoline purchased with a debit card. She alleges that Valero's deceptive and misleading signage violates the Consumer Legal Remedies Act, California False Advertising Law, and California Unfair Competition Law. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=z8Q5ayXs VAN WYK INC: Ratliff Seeks to Certify Class of Job Applicants ------------------------------------------------------------- Jerome Ratliff, Jr., asks the Court to certify the lawsuit entitled JEROME RATLIFF JR., individually and on behalf of all others similarly situated v. VAN WYK, INC., an Iowa corporation, Case No. 1:17-cv-07212 (N.D. Ill.), as a class action on behalf of a class defined as: All individuals in the United States who, from the date five years prior to the date of the filing of this action to the present, submitted an online job application to Defendant and were denied employment based in whole or in part on information contained in a consumer report without being provided within three business days of such adverse action an oral, written or electronic notification: (i) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency; (ii) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report; (iii) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to them the specific reasons why the adverse action was taken; and (iv) that they may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report. Mr. Ratliff also asks the Court to appoint him as Class Representative, and to appoint Michael Aschenbrener, Esq., and Adam York, Esq., of KamberLaw LLC as Class Counsel. In the alternative, Mr. Ratliff asks the Court to: a. enter and continue his Motion for Class Certification; b. set a schedule for discovery; and c. grant him leave to file an amended or renewed Motion for Class Certification upon the conclusion of discovery. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=WdmYP5X4 The Plaintiff is represented by: Michael Aschenbrener, Esq. Adam C. York, Esq. KAMBERLAW LLC 220 N Green St. Chicago, IL 60607 Telephone: (212) 920-3072 Facsimile: (212) 202-6364 E-mail: masch@kamberlaw.com ayork@kamberlaw.com VENTURE EXPRESS: Cert. of Applicants Class Sought in "Ratliff" -------------------------------------------------------------- Jerome Ratliff, Jr., moves the Court for an order certifying the case styled JEROME RATLIFF JR., individually and on behalf of all others similarly situated v. VENTURE EXPRESS, INC., a Tennessee corporation, Case No. 1:17-cv-07214 (N.D. Ill.), as a class action on behalf of a class defined as: All individuals in the United States who, from the date five years prior to the date of the filing of this action to the present, submitted an online job application to Defendant and were denied employment based in whole or in part on information contained in a consumer report without being provided within three business days of such adverse action an oral, written or electronic notification: (i) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency; (ii) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report; (iii) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to them the specific reasons why the adverse action was taken; and (iv) that they may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report. Mr. Ratliff also asks the Court to appoint him as Class Representative, and to appoint Michael Aschenbrener, Esq., and Adam York, Esq., of KamberLaw LLC as Class Counsel. In the alternative, Mr. Ratliff asks the Court to: a. enter and continue his Motion for Class Certification; b. set a schedule for discovery; and c. grant him leave to file an amended or renewed Motion for Class Certification upon the conclusion of discovery. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=e8aytoFk The Plaintiff is represented by: Michael Aschenbrener, Esq. Adam C. York, Esq. KAMBERLAW LLC 220 N Green St. Chicago, IL 60607 Telephone: (212) 920-3072 Facsimile: (212) 202-6364 E-mail: masch@kamberlaw.com ayork@kamberlaw.com VOLKSWAGEN GROUP: Makaryan Seeks to Certify Class and Sub-Classes ----------------------------------------------------------------- The Plaintiff in the lawsuit titled ANZHELYA MAKARYAN, an individual, on behalf of herself, as class representative for all others similarly situated, and the general public v. VOLKSWAGEN GROUP OF AMERICA, INC., a New Jersey Corporation; AUDI AG, a German entity; and DOES 1 through 10, inclusive, Case No. 2:17-cv- 05086-PA-KS (C.D. Cal.), seeks an order certifying these classes and sub-classes: A. National Class: All persons within the United States who purchased or leased, or will purchase or lease from an authorized Audi dealer any Audi vehicle with a Start/Stop system manufactured by Audi AG and distributed by VWGA ("Class Vehicles"), on or after Defendants placed the Class Vehicles into the stream of commerce. Excluded from the National Class are Defendants, any parent, subsidiary, affiliate, or controlled person of Defendants, as well as the officers, directors, agents, servants, or employees of Defendants, and the immediate family member of any such person. Also excluded is any trial judge who may preside over this case. B. California Sub-Class: All members of the nationwide class that reside in the State of California. C. California Consumer Sub-Class: All members of the California Sub-Class that purchased/leased the Class Vehicles for personal, family, and household use. Ms. Makaryan also asks the Court to appoint her as class representative and to appoint her lawyer as class counsel. The Court will commence a hearing on November 13, 2017, at 1:30 p.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=mslgPUcO The Plaintiff is represented by: Hovanes Margarian, Esq. Aleksey Sirotin, Esq. THE MARGARIAN LAW FIRM 801 North Brand Boulevard, Suite 210 Glendale, CA 91203 Telephone: (818) 553-1000 Facsimile: (818) 553-1005 E-mail: hovanes@margarianlaw.com aleksey@margarianlaw.com WELLS FARGO: "Brach" Suit Alleges Fraudulent Business Practices --------------------------------------------------------------- Brian Brach, on behalf of himself and all others similarly situated v. Wells Fargo & Co., Wells Fargo Bank, N.A., and Wells Fargo Home Mortgage, Case No. 3:17-cv-05990 (N.D. Cal., October 29, 2017), is a class action that seeks to address the series of fraudulent business practices by the defendant. Wells Fargo & Co. is incorporated in Delaware with its principal place of business in San Francisco, California. Wells Fargo Bank, N.A. is a national banking association chartered under the laws of the United States with its principal place of business in Sioux Falls, South Dakota. Wells Fargo Bank, N.A. is Wells Fargo & Co.'s principal subsidiary and is the successor by merger to Wells Fargo Home Mortgage, Inc. The lawsuit alleges that Wells Fargo violated the Truth in Lending Act (TILA); the Real Estate Settlement Procedures Act (RESPA), which prohibits accepting "unearned fees," including "any portion, split, or percentage of any charge made or received from the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed; and California's unfair Competition Law, which cause was unscrupulous and caused substantial harm.[BN] The Plaintiff is represented by: GIBBS LAW GROUP LLP Eric H. Gibbs, Esq. Michael L. Schrag, Esq. Amy Zeman, Esq. Aaron Blumenthal, Esq. 505 14th Street, Suite 1110 Oakland, CA 94612 Telephone: 510-350-9700 Facsimile: 510-350-9701 E-mail: ehg@classlawgroup.com mls@classlawgroup.com amz@classlawgroup.com ab@classlawgroup.com WELLS FARGO: Wins Final Approval of "Hartley" Class Settlement -------------------------------------------------------------- The Hon. Joan M. Azrack granted final approval of the settlement in the lawsuit styled MICHELLE F. HARTLEY, STEVEN TOMLINSON, individually and on behalf of all others similarly situated, and MARIA DEGENNERO v. WELLS FARGO & COMPANY; WACHOVIA SECURITIES FINANCIAL HOLDINGS, LLC; and WELLS FARGO ADVISORS, LLC, as successor in interest to Wachovia Securities, LLC, Case No. 14-cv- 5169 (E.D.N.Y.). The Court finds that the Stipulation Re: Settlement of Class Action is fair and reasonable, including the award of attorney fees and allowable litigation costs and expenses in the amount of $1.34 million. Wells Fargo Advisors, through the Claims Administrator, shall deliver the payments to the Participating Claimants, the Named Plaintiffs and Class Counsel as provided for in the Stipulation. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=u2wb5QgI WESTERN EXPRESS: Ratliff Seeks to Certify Class of Job Applicants ----------------------------------------------------------------- Jerome Ratliff, Jr., seeks certification of his lawsuit titled JEROME RATLIFF JR., individually and on behalf of all others similarly situated v. WESTERN EXPRESS, INC., a Tennessee corporation, Case No. 1:17-cv-07215 (N.D. Ill.), as a class action on behalf of a class defined as: All individuals in the United States who, from the date five years prior to the date of the filing of this action to the present, submitted an online job application to Defendant and were denied employment based in whole or in part on information contained in a consumer report without being provided within three business days of such adverse action an oral, written or electronic notification: (i) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency; (ii) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report; (iii) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to them the specific reasons why the adverse action was taken; and (iv) that they may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report. Mr. Ratliff also asks the Court to appoint him as Class Representative, and to appoint Michael Aschenbrener, Esq., and Adam York, Esq., of KamberLaw LLC as Class Counsel. In the alternative, Mr. Ratliff asks the Court to: a. enter and continue his Motion for Class Certification; b. set a schedule for discovery; and c. grant him leave to file an amended or renewed Motion for Class Certification upon the conclusion of discovery. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=4Ax6wxM7 The Plaintiff is represented by: Michael Aschenbrener, Esq. Adam C. York, Esq. KAMBERLAW LLC 220 N Green St. Chicago, IL 60607 Telephone: (212) 920-3072 Facsimile: (212) 202-6364 E-mail: masch@kamberlaw.com ayork@kamberlaw.com WESTFIELD INSURANCE: MSP Recovery's Suit Moved to S.D. Florida -------------------------------------------------------------- The class action lawsuit titled MSP Recovery Claims, Series LLC, the Plaintiff, v. Westfield Insurance Company, the Defendant, Case No. 17-018999-CA-01, was removed on Oct. 30, 2017 from the 11th Judicial Circuit in and for Miami-Dade County, to U.S. District Court for the Southern District of Florida (Miami). The District Court Clerk assigned Case No. 1:17-cv-23961-CMA to the proceeding. The case is assigned to the Hon. Judge Cecilia M. Altonaga. Westfield Insurance, the primary subsidiary of Westfield Group, is a multi-line provider of business property and liability insurance, personal lines insurance, agribusiness insurance, and surety bonds.[BN] The Plaintiff is represented by: John Hasan Ruiz, Esq. MSP RECOVERY LAW FIRM 5000 SW 75th Ave, Suite 400 Miami, FL 33155 Telephone: (305) 614 2222 Facsimile: (866) 582 0907 E-mail: jruiz@msprecovery.com The Defendant is represented by: W. Scott Mason, Esq. FOX ROTHSCHILD LLP 222 Lakeview Avenue, Suite 700 West Palm Beach, FL 33401 Telephone: (561) 835 9600 Facsimile: (561) 835 9602 E-mail: wmason@foxrothschild.com WHOLE FOODS: Cousino Sues Over Compromised Credit Card Data ----------------------------------------------------------- Lynn Marie Cousino, and all similarly situated individuals, Plaintiffs, v. Whole Foods Market, Inc., Defendant, Case No. 2:17- cv-02531 (D. Nev., September 28, 2017), seeks actual and punitive damages, as well as an award of reasonable attorney's fees under the the Fair Credit Reporting Act. Whole Foods is a national retailer of natural and organic foods, with approximately 470 stores in North America and the United Kingdom Whole Foods Market, Inc. It regularly assembles and/or evaluates consumer credit information for the purpose of furnishing consumer reports to third parties. Plaintiff purchased goods from a Whole Foods location in the Greater Las Vegas area, using a MasterCard or Visa. Whole Foods processed Plaintiff's consumer transaction with its compromised POS system. Plaintiff is represented by: David H. Krieger, Esq. George Haines, Esq. HAINES & KRIEGER, LLC 8985 S. Eastern Avenue, Suite 350 Henderson, NV 89123 Tel: (702) 880-5554 Fax: (702) 385-5518 Email: dkrieger@hainesandkrieger.com ghaines@hainesandkrieger.com - and - Matthew I. Knepper, Esq. Miles N. Clark, Esq. KNEPPER & CLARK LLC 10040 W. Cheyenne Ave., Suite 170-109 Las Vegas, NV 89129 Tel: (702) 825-6060 Fax: (702) 447-8048 Email: matthew.knepper@knepperclark.com miles.clark@knepperclark.com - and - Sean N. Payne, Esq. PAYNE LAW FIRM LLC 9550 S. Eastern Ave. Suite 253-A213 Las Vegas, NV 89123 Tel: (702) 952-2733 Fax: (702) 462-7227 Email: seanpayne@spaynelaw.com YANESH BROTHERS: Evans Sues Over Unpaid Overtime ------------------------------------------------ John M. Evans, III, individually and on behalf of all others similarly situated, Plaintiff, v. Yanesh Brothers Construction Co., Inc., Charles Yanesh, William Yanesh and William Yanesh, Jr., Defendants, Case No. 1:17-cv-02041, (N.D. Ohio, September 28, 2017), seeks overtime compensation in the amount due to them for all their time worked in excess of forty hours per work week at an amount equal to one-and-one-half times their regular rate, liquidated damages, reasonable attorneys' fees and costs and expenses of the litigation, prejudgment interest, post-judgment interest and such other and further relief under the Fair Labor Standards Act. Yanesh Brothers is a construction company located in Lake County, Ohio, where Evans was employed by Defendants from approximately June 1, 2014, through approximately August 21, 2017, as a general construction laborer. [BN] Plaintiff is represented by: Clifford P. Bendau II, Esq. Christopher J. Bendau, Esq. THE BENDAU LAW FIRM PLLC P.O. Box 97066 Phoenix, AZ 85060 Telephone: (480) 382-5176 Email: cliffordbendau@bendaulaw.com - and - James L. Simon, Esq. 6000 Freedom Square Dr. Independence, OH 44131 Telephone: (216) 525-8890 Facsimile: (216) 642-5814 Email: jameslsimonlaw@yahoo.com YASO HOSPITALITY: "Liu" Suit Seeks to Recover Unpaid Overtime Pay ----------------------------------------------------------------- XIAOYAN LIU, Individually, on her own behalf of all others similarly situated v. YASO HOSPITALITY GROUP, D/B/A/ YASO TANGBAO, YE ZHANG AND CHANGXIN TU. Case No. 1:17-cv-05984 (E.D.N.Y., October 12, 2017) is a collective action complaint brought under the Fair Labor Standards Act and New York Labor Law to recover unpaid overtime compensation. Yaso Hospitality Group LLC, d/b/a Yaso Tangbao is a domestic business corporation organization and existing under the laws of the State of New York. It is located at 148 Lawrence St., Brooklyn, NY 11201. The enterprise is engaged in interstate commerce. Liu, a resident of the Queens, was employed to prepare and cook dumplings. He accuses the Defendants of not providing overtime pay, spread of hours premium, agreed-upon wages, compensation for failure to provide wage notice at the time of hiring, and failure to provide paystubs in violation of the NYLL. [BN] The Plaintiff is represented by: Jian Hang, Esq. 136-18 39th Ave., Suite #1003 Flushing, New York 11354 Telephone: (718)353-8588 Email: jhang@hanglaw.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by 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. Agravante, 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 * * *