/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/180116.mbx C L A S S A C T I O N R E P O R T E R Tuesday, January 16, 2018, Vol. 20, No. 12 Headlines ALL METRO HOME: "Ruddock" Suit Seeks Minimum Wage & OT Pay ALLERGAN INC: Calif. School Files Antitrust Suit over Restasis ALLIED UNIVERSAL: Faces "Hakeem" Suit Over Failure to Pay Wages ALTERYX INC: Foskaris Sues over Consumer Data Breach AMPLIFY SNACK: "Rubin" Suit Seeks to Enjoin Hershey Merger APPLE NYC: "Poon" Class Suit Transferred to South. Dist. New York APPLE INC: Abdulla et al Sue over Older Phones' Performance AUDEMARS PIGUET: Faces "Camacho" Suit in E.D. of New York BELFOR USA: Fails to Pay Minimum & Overtime Wages, Sotelo Says BUFFALO WILD WINGS: "Pascual" Suit Seeks to Enjoin Arby's Merger CENTURA HOMEOWNERS: "Shreve" Suit Seeks Unpaid Wages under FLSA CERTIFIED LEGAL: "Taylor" Suit Moved to Middle Dist. of Florida CHICAGO AUTO: Faces "Lee" Suit Over Failure to Pay Overtime CINTAS CORPORATE: Faces "Paramo" Suit in Central District of Cal. CITISTAFF SOLUTIONS: Fails to Pay Earned Wages, Munguia Says COJE MANAGEMENT: Faces "Lopez" Suit in Massachusetts COMCAST SPECTACOR: Fails to Pay Minimum & OT Wages, Winston Says COUNTRYWIDE FINANCIAL: Class Cert. Bid in "Waldrup" Stayed COUNTRYWIDE FINANCIAL: Class Cert. Bid in "Williams" Stayed CREDIT SUISSE: Saxena White Files Securities Fraud Class Action CRYPTO COMPANY: Gainey McKenna Files Class Action Lawsuit CRYPTO COMPANY: Rosen Law Files Securities Class Action Lawsuit CUSTOM FAB: "Sanchez" Suit Seeks Minimum Wage & OT under FLSA DOLLAR THRIFTY: "Maor" Suit Seeks to Certify Class EQUITY PRIME: "Kirk" Suit Seeks Minimum Wage & OT under FLSA EUROPEAN AMERICAN WASTE: Guerrero Seeks Overtime Compensation EXPRESS SCRIPTS: "Gearhart" Suit Moved to E.D. Kentucky FEDEX FREIGHT: "Emetoh" Suit Moved to N.D. California FIRST FINANCIAL: Weinberger Sues over Debt Collections Practices FLEET-CAR LEASE: Fails to Pay Regular & OT Wages, Boyd Says FLOWERS FOODS: Court Certifies Distributors Class in "Richard" FULFILLMENT LAB: Malet-Jowett Sues over Spam Text Messages FUTUREDONTICS INC: Fails to Pay Regular Wages, Olivares Says G&R COLLECTIONS: Certification of Consumers Class Sought GARDEN FRESH: PWDs Can't Access Parking Lot, Green Says GENERAL CABLE: Stanfield Seeks to Enjoin Prysmian Merger GENPACT SERVICES: Debt Collection Practices Illegal, Olender Says GRIMLEY FINANCIAL: Faces "Freeman" Suit in District of New Jersey HILTON GRAND: "Glasser" Suit Seeks to Certify TCPA Class HUBLOT OF AMERICA: Faces "Camacho" Suit in E.D. New York INOVALON HOLDINGS: Fromer Chiropractic Sues over Junk Fax INTEL CORP: Garcia Sues over Defective x86-64x CPUs INTEL CORP: Murphy & Grunloh Sue over CPU Security Defect INTEL CORP: Rinn and Cappelli Sue over CPU Security Defect JACKSON WELL: "Walker" Suit Seeks Overtime Pay under FLSA JOHN BEAN: Fails to Pay Minimum & Overtime Wages, Manoukian Says JT CLEARY: Sued Over Failure to Pay for Construction Materials LINCOLN ELECTRIC: "Roby" Suit Seeks Minimum & OT Wages MASTER DEVELOPMENT: "Zumba" Suit Seeks Unpaid Overtime under FLSA MDL 2800: "Coade-Wingate" Suit vs Equifax Moved to N.D. Ga. MDL 2800: "Minka" Suit vs Equifax Transferred to N.D. Georgia MDL 2800: "Blake" Suit vs Equifax Transferred to N.D. Georgia MDL 2800: "Kohn" Suit vs Equifax Transferred to N.D. Georgia MDL 2800: "Woods" Suit vs Equifax Transferred to N.D. Georgia MDL 2800: "Cole" Suit vs Equifax Moved to N.D. Georgia MDL 2800: "Feehrer" Suit vs Equifax Transferred to N.D. Georgia MDL 2800: "Gottlieb" Suit vs Equifax Transferred to N.D. Georgia MDL 2800: "Cho" Suit vs Equifax Transferred to N.D. Georgia MDL 2800: "Cuevas" Suit vs Equifax Moved to N.D. Georgia MDL 2800: "Dela Cruz vs Equifax Transferred to N.D. Georgia MDL 2800: "O'Neill" Suit vs Equifax Transferred to N.D. Georgia MDL 2800: "Bethea" Suit vs Equifax Moved to N.D. Georgia MDL 2800: "Whipper" Suit vs Equifax Transferred to N.D. Georgia MDL 2804: Sheet Metal Workers' Suit Consolidated in Ohio MDL 2800: "Diaz" Suit vs. Equifax Transferred to N.D. Georgia MENARD INC: "Astarita" Suit Seeks to Certify Employee Class MERRYMAN HOTEL: Johnson Sues over Unsafe & Unsanitary Rooms MODESTO AREA: Faces "Berry" Suit in E.D. California MONSANTO COMPANY: Llamas Sues over Sale of Herbicide Roundup MU HEALTH: Settles Class-Action Lawsuit for $3.6-Mil. NATIONAL GRID: Status Conference in "Jenkins" Suit Moved to Feb. NATIONWIDE CREDIT: Faces "Mezzanotte" Suit in E.D. New York NATURE'S PATH: Underfills Organic Cereal Products, White Says NCB MANAGEMENT: Faces "Ali" Suit in Eastern Dist. of New York NEW JERSEY: "Harris" Suit vs. Corrections Dept. Filed NEW YORK: Tax Dept. Faces O'Donnell & Sons Suit NINOS 46 CORP: Faces "Hernandez" Suit in S.D. New York NUDGEE JUNIOR COLLEGE: Child Sex Abuse Class Action Looms NUSTARR LLC: Faces "Yaakov" Suit in Southern District of NY PAUL J. HOOTEN: Debt Collections Practices Unlawful, Silber Says PHILIP MORRIS: Bragar Eagel Files Securities Class Action Suit PHILIP MORRIS: Bronstein, Gewirtz Files Securities Class Action PRUDENTIAL RUBLOFF: Real Estate Agents to File Class Action PURDUE PHARMA: MSP Recovery Suit Sues over Opioid Prescriptions RECOVERY SERVICE: Faces "Ephraim" Suit in E.D. Texas RW DIRECT INC: Faces "Patterson" Suit in N.D. California SEIKO TIME CORP: Faces "Camacho" Suit in Eastern Dist. New York SETERUS INC: Court Terminates Motion to Certify Class as Moot SOUTH AFRICA: More Students Come Forward in Class Suit vs DHET STERLING JEWELERS: Faces "Evaro" Suit in California State Court STONELEIGH RECOVERY: Faces "Gallagher" Suit in D. New Jersey SOUTHWEST AIRLINES: Removed "Miller" Suit to N.D. Illinois SWATCH GROUP: Faces "Camacho" Suit in Eastern District New York TECHNOLOGICAL MEDICAL: Court Denies Certification of Class TFC MANUFACTURING: Cambero Sues over Unpaid Meals & Rest Breaks TJX COMPANIES: "Tolliferreo" Suit Seeks Unpaid OT under FLSA TOTAL CARD: Debt Collection Practices Unlawful, Gribben Says UBER TECHNOLOGIES: Sued Over Failure to Secure Drivers Info UNITED STATES: Utah County Sues over Payments in Lieu of Taxes VIRGINIA SENTENCING: "Walker" Suit vs. Corrections Dept Filed VOLKSWAGEN CANADA: Class-Action Settlement in Diesel Scandal WHOLE FOODS: Fails to Timely Pay Wages, Scott Says WESTFIELD LLC: Faces "Henkin" Suit Over Failure to Pay Overtime WOODFOREST BANK: Class Action Lawsuit Filed WORKFORCE RESOURCES: "Jamil" Suit Moved to S.D. California XCELIGENT INC: Employee Files Class-Action Lawsuit YUME INC: "McCrary" Suit Seeks to Enjoin Merger with RhythmOne ********* ALL METRO HOME: "Ruddock" Suit Seeks Minimum Wage & OT Pay ---------------------------------------------------------- ROSLYN RUDDOCK, on behalf of herself and others similarly situated, the Plaintiff, v. ALL METRO HOME CARE SERVICES OF NEW YORK, INC. d/b/a ALL METRO HEALTH CARE and ALL METRO FIELD SERVICES WORKERS PAYROLL SERVICES CO., the Defendants, Case No. 2:18-cv-00024-JMA-ARL (E.D.N.Y. Fla., Jan. 3, 2018), seeks to recover minimum wage and overtime pay under the Fair Labor Standards Act. The Defendant is a New York corporation that owns and operates All Metro Health Care, which provides home health care and related services. According to the complaint, the Plaintiffs are and have been similarly situated, have had substantially similar job requirements and pay provisions, and are and have been subject to Defendants' decision, policy, plan and common policies, programs, practices, procedures, protocols, routines, and rules willfully failing and refusing to pay them at the legally required minimum wage and overtime rate for all hours worked.[BN] The Plaintiff is represented by: Denise A. Schulman, Esq. Maimon Kirschenbaum, Esq. JOSEPH & KIRSCHENBAUM LLP 32 Broadway, Ste 601 New York, NY 10004 Telephone: (212) 688 5640 Facsimile: (212) 688 2548 ALLERGAN INC: Calif. School Files Antitrust Suit over Restasis -------------------------------------------------------------- SELF-INSURED SCHOOLS OF CALIFORNIA, on behalf of itself and all others similarly situated, the Plaintiff, v. ALLERGAN, INC., the Defendant, Case No. 8:18-cv-00017-JLS-KES (C.D. Cal., Jan. 5, 2018), seeks damages on behalf of Plaintiff and proposed classes of end-payors that purchased Restasis (TM) (cyclosporine ophthalmic emulsion) indirectly from Defendant at supra- competitive prices, as a result of Allergan's scheme to unlawfully prolong its monopoly in the market for prescription cyclosporine ophthalmic emulsion sales in the United States. The Plaintiff and members of the End Payor Class have been injured in their business and property by reason of Defendant's alleged anticompetitive, unfair or deceptive acts. Their injury consists of paying higher prices for Restasis than they would have paid in the absence of these violations, and being denied the opportunity to purchase the cheaper generic Restasis. These injuries are of the type the state consumer protection and unfair business practices statutes were designed to prevent and directly result from Defendant's unlawful conduct. Allergan, Inc. is a global pharmaceutical company focused on eye care, neurosciences, medical dermatology, medical aesthetics, breast enhancement, obesity intervention and urologics.[BN] The Plaintiff is represented by: Joseph R. Saveri, Esq. Nicomedes S. Herrera, Esq. Ryan J. McEwan, Esq. Kyla J. Gibboney, Esq. V Chai Oliver Prentice, Esq. JOSEPH SAVERI LAW FIRM, INC. 601 California Street, Suite 1000 San Francisco, CA 94108 Telephone: (415) 500 6800 Facsimile: (415) 395 9940 E-mail: jsaveri@saverilawfirm.com nherrera@saverilawfirm.com rmcewan@saverilawfirm.com kgibboney@saverilawfirm.com vprentice@saverilawfirm.com ALLIED UNIVERSAL: Faces "Hakeem" Suit Over Failure to Pay Wages --------------------------------------------------------------- Sherif Hakeem, individually, and on behalf of all others similarly situated v. Allied Universal Security Services, and Does 1 through 100, inclusive, Case No. RG17885320 (Cal. Super. Ct., December 8, 2017), seeks to recover unpaid compensation for meal and rest period, interest thereon, reimbursement of business expenses, liquidated damages and other penalties, injunctive and other equitable relief, and reasonable attorneys' fees and costs under the California Labor Code. Allied Universal Security Services operates a security service company in California. [BN] The Plaintiff is represented by: Scott Edward Cole, Esq. Jasleen Ahuja, Esq. SCOTT COLE & ASSOCIATES, APC 1970 Broadway, Ninth Floor Oakland, CA 94612 Telephone: (510) 891-9800 Facsimile: (510) 891-7030 E-mail: scole@scalaw.com jahuja@scalaw.com ALTERYX INC: Foskaris Sues over Consumer Data Breach ---------------------------------------------------- Thomas Foskaris, and all similarly situated individuals, the Plaintiffs, v. Alteryx, Inc., the Defendant, Case No. 2:17-cv- 03088-APG-GWF (D. Nev., Dec. 20, 2017), alleges that Alteryx negligently breached its duty of care to Plaintiff and Class members by failing to uncover and remedy the known risks which led to a data breach, thereby leading to the dissemination of Plaintiff and Subclass members' personally identifiable information. Additionally, Alteryx failed to inform Plaintiff and Subclass members of this heightened risk of harm. The Plaintiff and Subclass members suffered damages as a result of Alteryx's breach of its duty of care, and are entitled to an award of actual and punitive damages, as well as an award of reasonable attorney's fees. Alteryx is an American computer software company based in Irvine, California, with a development center in Broomfield, Colorado. The company's products are used for data blending and advanced data analytics.[BN] Attorneys for Plaintiff: David H. Krieger, Esq. HAINES & KRIEGER, LLC 8985 S. Eastern Ave., Suite 350 Henderson, NV 89123 Telephone: (702) 880 5554 Facsimile: (702) 385 5518 E-mail: dkrieger@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 Telephone: (702) 825 6060 Facsimile: (702) 447 8048 E-mail: 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 Telephone: (702) 952 2733 Facsimile: (702) 462 7227 E-mail: seanpayne@spaynelaw.com AMPLIFY SNACK: "Rubin" Suit Seeks to Enjoin Hershey Merger ---------------------------------------------------------- MICHAEL RUBIN, on Behalf of Himself and All Others Similarly Situated, the Plaintiff, v. AMPLIFY SNACK BRANDS, INC., THOMAS E. ENNIS, JEFFREY S. BARBER, WILLIAM DAVID CHRIST II, BENEDICT CLARKE, CHRIS ELSHAW, ANDREW S. FRIEDMAN, JOHN K. HALEY, DAWN E. HUDSON, and PAMELA L. NETZKY, the Defendant, Case No. 1:18-cv- 00014 (W.D. Tex., Jan. 5, 2018), is a class action brought on behalf of the public stockholders of Amplify Snack Brands, Inc. against Amplify and its Board of Directors for their alleged violations of Sections 14(d)(4), 14(e) and 20(a) of the Securities Exchange Act of 1934 on a proposed transaction, pursuant to which Amplify will be acquired by The Hershey Company through its wholly owned subsidiary Alphabet Merger Sub, Inc. According to the complaint, on December 18, 2017, Amplify and Hershey issued a joint press release announcing that they had entered into an Agreement and Plan of Merger to sell Amplify to Hershey. Hershey will acquire all outstanding shares of Amplify for $12.00 in cash per share of Amplify's common stock. Pursuant to the Merger Agreement, Hershey, through Merger Sub, commenced the Tender Offer on January 2, 2018. The Tender Offer is scheduled to expire at 12:00 midnight, New York City time, at the end of January 30, 2018. The Proposed Transaction is valued at approximately $1.6 billion. On January 2, 2018, Amplify filed a Solicitation/Recommendation Statement on Schedule 14D-9 with the SEC. The Recommendation Statement, which recommends that Amplify stockholders tender their shares in favor of the Proposed Transaction, omits or misrepresents material information concerning, among other things: (i) Amplify's financial projections, relied upon by Amplify's financial advisor, Jefferies LLC in connection with rendering its fairness opinion; (ii) the data and inputs underlying the financial valuation analyses that support the fairness opinion provided by Jefferies; and (iii) Company insiders' potential conflicts of interest. The failure to adequately disclose such material information constitutes a violation of Sections 14(d), 14(e) and 20(a) of the Exchange Act as Amplify stockholders need such information in order to make a fully informed decision whether to tender their shares in support of the Proposed Transaction or seek appraisal. The lawsuit says the Proposed Transaction will unlawfully divest Amplify's public stockholders of the Company's valuable assets without fully disclosing all material information concerning the Proposed Transaction to Company stockholders. Amplify Snack develops, markets, and distributes better-for-you snack products in North America and internationally. The company provides ready-to-eat popcorn in various flavors.[BN] The Plaintiff is represented by: Thomas E. Bilek, Esq. THE BILEK LAW FIRM, L.L.P. 700 Louisiana, Suite 3950 Houston, TX 77002 Telephone: (713) 227 7720 - and - Richard A. Acocelli, Esq. Michael A. Rogovin, Esq. Kelly C. Keenan, Esq. Alexandra E. Eisig, Esq. WEISSLAW LLP 1500 Broadway, 16th Floor New York, NY 10036 Telephone: (212) 682 3025 Facsimile: (212) 682 3010 APPLE NYC: "Poon" Class Suit Transferred to South. Dist. New York ----------------------------------------------------------------- The class action lawsuit filed on November 29, 2017 styed Mei Chun Poon, individually and on behalf all other employees similarly situated v. Apple NYC Corp., d/b/a Apple NYC Day Spa, Touch of East Nails Spa Inc., and Wen Chen, Case No. 1:17-cv- 06954 was transferred on December 8, 2017 from the U.S. District Court for the Eastern District of New York to the U.S. District Court for the Southern District of New York. The District Court Clerk assigned Case No. 1:17-cv-09647-RA to the proceeding. The case asserts labor-related claims. The Defendants own and operate a day spa in New York City, New York. [BN] The Plaintiff is represented by: Paul Mendez, Esq. Jian Hang, Esq. HANG & ASSOCIATES, PLLC 136-20 38th Avenue, Suite 10G Flushing, NY 11354 Telephone: (718) 353-8588 Facsimile: (718) 353-6288 E-mail: pmendez@hanglaw.com jhang@hanglaw.com APPLE INC: Abdulla et al Sue over Older Phones' Performance ----------------------------------------------------------- ALA ABDULLA, LANCE A. RAPHAEL, SAM MANGANO, KIRK PEDELTY, and RYAN GLAZE, the Plaintiffs, v. APPLE, INC., the Defendant, Case No. 1:17-cv-09178 (N.D. Ill., Dec. 20, 2017), seeks to recover damages as result of Defendant's purposefully slowing or "throttling down" performance speeds of older iPhone models. According to the complaint, Apple purposefully and knowingly released operating system software updates to iPhone 5, iPhone 6 and certain iPhone 7 phones that slowed the performance speeds of the central processing units ("CPUs") of these devices. Apple's software updates purposefully slowed or "throttled down" the performance speeds iPhone 5, iPhone 6, certain iPhone 7 phones and as yet unknown versions of iPhones because operating system software updates (at times "iOS updates") wreaked havoc on batteries within these model devices. Apple's iOS updates were engineered to purposefully slowdown or "throttle down" the performance speeds of the above devices which cause users of these devices to experience significant slowdowns in device performance. Apple's iOS updates purposefully neglected to explain that the slowdowns in older model device performance and resulting lost or diminished operating performance could be remedied by replacing the batteries of these devices. Apple's iOS updates purposefully neglected to explain that its purposeful throttling down of older model devices and resulting lost or diminished operating performance could be remedied by replacing the batteries of these devices. Instead, Apple's decision to purposefully slowdown or throttle down these devices was undertaken to fraudulently induce consumers to purchase the latest iPhone versions of the iPhone 7, as well as new phones such as the iPhone 8 and iPhone X.[BN] The Plaintiff is represented by: James Vlahakis, Esq. Omar Sulaiman, Esq. Mohammed Badwan, Esq. Ahmad Sulaiman, Esq. Nathan C. Volheim, Esq. SULAIMAN LAW GROUP, LTD. 2500 South Highland Avenue, Suite 200 Lombard, IL 60148 Telephone: (630) 581 5456 E-mail: jvlahakis@sulaimanlaw.com AUDEMARS PIGUET: Faces "Camacho" Suit in E.D. of New York ---------------------------------------------------------- A class action lawsuit has been filed against Audemars Piguet (North America), Inc. The case is as styled Jason Camacho, on behalf of himself and all others similarly situated, Plaintiff v. Audemars Piguet (North America), Inc., Defendant, Case No. 1:18- cv-00061 (E.D. N.Y, January 4, 2018). Audemars Piguet (North America) Inc. was founded in 1996. The company's line of business includes the wholesale distribution of jewelry, precious stones and metals, costume jewelry, watches, clocks, and silverware.[BN] The Plaintiff is represented by: Daniel C Cohen, Esq. Daniel Cohen, PLLC 407 Rockaway Avenue Brooklyn, NY 11212 Tel: (646) 645-8482 Fax: (347) 665-1545 Email: dancohenlaw@gmail.com BELFOR USA: Fails to Pay Minimum & Overtime Wages, Sotelo Says -------------------------------------------------------------- ANDRES DE LA RIVA SOTELO, individually, and on behalf of all others similarly situated, the Plaintiff, v. BELFOR USA GROUP INC., a Colorado Corporation; and DOES 1 through 10, inclusive, the Defendants, Case No. BC688895 (Cal. Super. Ct., Jan. 1, 2018), seeks to recover minimum and straight time wages and overtime pay under the California Labor Code. The Plaintiff alleges that Defendants failed to provide meal periods, failure to authorize and permit rest periods, failed to pay minimum and straight time wages, failure to pay overtime wages, failed to maintain accurate records of hours worked, failure to timely pay all wages to terminated employees, and failed to furnish accurate wage statements. Belfor USA provides integrated disaster recovery and property restoration services. The company restores water, fire, storm, and mold damages for business and consumers. It also offers recovery services, including fire damage restoration, smoke and soot.[BN] The Plaintiff is represented by: Kane Moon, Esq. Justin F. Marquez, Esq. MOON & YANG, APC 1055 W. Seventh St., Suite 1880 Los Angeles, CA 90017 Telephone: (213) 232 3128 Facsimile: (213) 232 3125 E-mail: kane.moon@moonyanglaw.com justin.marquez@moonyanglaw.com BUFFALO WILD WINGS: "Pascual" Suit Seeks to Enjoin Arby's Merger ---------------------------------------------------------------- BRIAN PASCUAL, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. BUFFALO WILD WINGS INC., JANICE L. FIELDS, SCOTT O. BERGREN, CYNTHIA L. DAVIS, ANDRE J. FERNANDEZ, HARRY A. LAWTON, RICHARD T. MCGUIRE III, JERRY R. ROSE, SAM B. ROVIT, and HARMIT J. SINGH, the Defendants, Case No. 0:18-cv- 00047 (D. Minn., Jan. 5, 2018), seeks to enjoin Defendants from taking any steps to consummate a proposed transaction or in the event the proposed transaction is consummated, recover damages resulting from the Defendants' violations of Sections 14(a) and 20(a) of the Securities Exchange Act. According to the complaint, on November 28, 2017, Buffalo Wild Wings and Arby's issued a joint press release announcing they had entered into an Agreement and Plan of Merger, pursuant to which Arby's will acquire Buffalo Wild Wings. Under the terms of the Merger Agreement, Buffalo Wild Wings shareholders will have the right to receive $157.00 in cash per share for each share of Company common stock they own. The Proposed Transaction is valued at approximately $2.9 billion. On December 28, 2017, Buffalo Wild Wings filed a Definitive Proxy Statement on Schedule 14A with the SEC. The Proxy, which recommends that Buffalo Wild Wings shareholders vote in favor of the Proposed Transaction, omits or misrepresents material information concerning, among other things: (i) the financial analyses conducted by the Company's financial advisor, Goldman Sachs & Co. LLC; and (ii) past dealings or a historical relationship between Goldman Sachs and either Buffalo Wild Wings or Arby's. The special meeting of Buffalo Wild Wings shareholders to vote on the Proposed Transaction is scheduled for February 2, 2018. It is imperative that the material information that has been omitted from the Proxy is disclosed to the Company's public common shareholders prior to the forthcoming shareholder vote so that they can properly exercise their corporate suffrage rights.[BN] The Plaintiff is represented by: Russell M. Spence, Jr., Esq. HELLMUTH & JOHNSON, PLLC 8050 West 78th Street Edina, MN 55439 Telephone: (952) 941 4005 Facsimile: (952) 941 2337 E-mail: mspence@hjlawfirm.com - and - Juan E. Monteverde, Esq. MONTEVERDE & ASSOCIATES PC The Empire State Building 350 Fifth Avenue, Suite 4405 New York, NY 10118 Telephone: 212 971 1341 Facsimile: 212 202 7880 E-mail: jmonteverde@monteverdelaw.com CENTURA HOMEOWNERS: "Shreve" Suit Seeks Unpaid Wages under FLSA --------------------------------------------------------------- KAREN SHREVE, and All others similarly situated under 29 U.S.C. section 216(b), the Plaintiff, v. CENTURA HOMEOWNERS ASSOCIATION, INC., the Defendant, Case No. 0:18-cv-60005-CMA (S.D. Fla., Jan. 1, 2018), seeks to recover unpaid wages pursuant to the Fair Labor Standards Act. According to the complaint, the Defendant has failed to compensate similarly situated employees in accordance with the FLSA by depriving them of the FLSA's required overtime payments. Centura Homeowners Association Inc. is a civic and social association located in Coconut Creek, Florida.[BN] The Plaintiff is represented by: J. Freddy Perera, Esq. PERERA LAW GROUP, P.A. 12555 Orange Drive, Suite 268 Davie, FL 33330 Telephone: 786-485-5232 E-mail: freddy@pereralaw.com CERTIFIED LEGAL: "Taylor" Suit Moved to Middle Dist. of Florida --------------------------------------------------------------- The class action lawsuit titled Ronald Taylor, individually and on behalf of all those similarly situated, the Plaintiff, v. Certified Legal Funding, Inc., the Defendant, Case No. 17-CA- 010706, was removed from the 13th Judicial Circuit, Hillsborough County, to the U.S. District Court for the Middle District of Florida (Tampa) on Jan. 4, 2018. The District Court Clerk assigned Case No. 8:18-cv-00027-EAK-MAP to the proceeding. The case is assigned to the Hon. Judge Elizabeth A. Kovachevich.[BN] The Plaintiff is represented by: Craig E. Rothburd, Esq. CRAIG E. ROTHBURD, PA 320 W Kennedy Blvd., Suite 700 Tampa, FL 33606 Telephone: (813) 251 8800 Facsimile: (813) 251 5042 E-mail: crothburd@e-rlaw.com - and - Scott R. Jeeves, Esq. JEEVES LAW GROUP, PA 954 First Ave N St Petersburg, FL 33705 Telephone: (727) 894 2929 Facsimile: (727) 822 1499 E-mail: sjeeves@jeeveslawgroup.com The Defendant is represented by: Joshua C. Webb, Esq. HILL WARD HENDERSON, PA 101 E Kennedy Blvd-Ste. 3700 PO Box 2231 Tampa, FL 33602-5195 Telephone: (813) 221 3900 E-mail: jwebb@hwhlaw.com CHICAGO AUTO: Faces "Lee" Suit Over Failure to Pay Overtime ----------------------------------------------------------- Kingston Lee, individually, on behalf of all others similarly situated v. Chicago Auto Body & Repair, Inc., and Does 1 through 250, inclusive, Case No. BC686358 (Cal. Super. Ct., December 8, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the California Labor Code. Chicago Auto Body & Repair, Inc. owns and operates an auto body repair shop in California. [BN] The Plaintiff is represented by: Gary R. Carlin, Esq. Brent S. Buchsbaum, Esq. Laurel N. Haag, Esq. Ian M. Silvers, Esq. LAW OFFICES OF CARLIN & BUCHSBAUM LLP 555 East Ocean Boulevard, Suite 818 Long Beach, CA 90802 Telephone: (562) 432-8933 Facsimile: (562) 435-1656 E-mail: gary@carlinbuchsbaum.com brent@carlinbuchsbaum.com laurel@carlinbuchsbaum.com ian@carlinbuchsbaum.com CINTAS CORPORATE: Faces "Paramo" Suit in Central District of Cal. ----------------------------------------------------------------- A class action lawsuit has been filed against Cintas Corporate Services, Inc. The case is styled as Lisa Paramo, on behalf of herself and all others similarly situated, and on behalf of the general public, Plaintiff v. Cintas Corporate Services, Inc., Cintas Corporation No. 2 and Cintas Corporation No. 3, Defendants, Case No. 5:18-cv-00020 (C.D. Cal., January 4, 2018). Cintas Corporate Services, Inc. is an American company with headquarters in Cincinnati, Ohio, that provides specialized services to businesses, primarily in North America. The firm designs, manufactures and implements corporate identity uniform programs and provides entrance mats, restroom cleaning and supplies, tile and carpet cleaning, promotional products, first aid, safety, and fire protection products and services.[BN] The Plaintiff appears PRO SE. CITISTAFF SOLUTIONS: Fails to Pay Earned Wages, Munguia Says ------------------------------------------------------------ JAZEL MUNGUIA, on behalf of herself, and all others similarly situated, the Plaintiff, v. CITISTAFF SOLUTIONS INC., a California corporation; CITISTAFF MANAGEMENT GROUP INC., a California corporation; and DOES 1 through 50, inclusive, the Defendants, Case No. BC687460 (Cal. Super. Ct., Dec. 20, 2017), seeks to recover unpaid wages and related relief under the California Labor Code. The Plaintiff alleges that Defendants are liable to her and other similarly situated current and former employees in California for unpaid wages and other related relief. These claims are based on Defendants' alleged failures to provide all rest and meal periods, pay all wages earned for all hours worked, fairly compete, provide accurate written wage statements, and timely pay final wages upon termination of employment.[BN] The Plaintiff is represented by: David G. Spivak, Esq. Caroline Tahmassian, Esq. THE SPIVAK LAW FIRM 16530 Ventura Blvd., Ste 312 Encino, CA 91436 Telephone (818) 582 3086 Facsimile (818) 582 2561 E-mail: david@spivaklaw.com caroline@spivaklaw.com - and - Walter Haines, Esq. UNITED EMPLOYEES LAW GROUP 5500 Bolsa Ave, Suite 201 Huntington Beach, CA 92649 Telephone: (562) 256 1047 Facsimile: (562) 256 1006 E-mail: whaines@uelglaw.com COJE MANAGEMENT: Faces "Lopez" Suit in Massachusetts ---------------------------------------------------- A class action lawsuit has been filed against Coje Management Group, Corp. The case is styled as Victor Lopez, on behalf of himself and all others similarly situated, Plaintiff v. Coje Management Group, Corp., Defendant, Case No. 1:18-cv-10021 (D. Mass., January 4, 2018). Coje Management Group, Corp. is a supplier of Foshan Shangpeng Hardware & China is where most shipments originate.[BN] The Plaintiff is represented by: C.K. Lee, Esq. Lee Litigation Group PLLC 30 E39th Street, 2nd Flr. New York, NY 10016-2555 Tel: (212) 465-1188 Email: cklee@leelitigation.com COMCAST SPECTACOR: Fails to Pay Minimum & OT Wages, Winston Says ---------------------------------------------------------------- DEANNA WINSTON and JAMILA WRIGHT, on behalf of themselves and all others similarly situated, the Plaintiff, v. COMCAST SPECTACOR HOLDING COMPANY, LLC, a Delaware limited liability company, OVATIONS FOOD SERVICES, LLC, a Pennsylvania limited liability company, OVATIONS FANFARE, LP, a California limited partnership, d/b/a SPECTRA FOOD SERVICES & HOSPITALITY, and DOES 1 through 10, inclusive, the Defendants, Case No. RG18-887584 (Cal. Super. Ct., Jan. 1, 2018), seeks to recover minimum wages and overtime wages under the California Labor Code. The Defendants are in the business of managing food services and hospitality programs. Defendants have employed Plaintiffs and Class Members as non-exempt Suite Administrators at Oakland- Alameda County Coliseum in Oakland, California. According to the complaint, the Plaintiffs and Class Members were paid, or continue to be paid, on an hourly basis and were paid, or continue to be paid, nondiscretionary bonuses. Plaintiffs and Class Members regularly worked in excess of 8 hours a workday or 40 hours in a workweek. As such Plaintiffs and Class Members were entitled to overtime wages at one-and-one-halftimes Plaintiffs' and Class Members' regular rate of pay. When Defendants paid Plaintiffs and Class Members overtime wages, Defendants failed to include the nondiscretionary bonuses when calculating Plaintiffs' and Class Members' regular rate of pay. Therefore, Defendants paid Plaintiffs and Class Members overtime wages that were lower than the amount required by law.[BN] Attorneys for Plaintiffs and the Putative Class: Hunter Pyle, Esq. Chad Saunders, Esq. Vincent Chen, Esq. HUNTER PYLE LAW 428 Thirteenth Street, Eleventh Floor Oakland, CA 94612 Telephone: (510) 444 4400 Facsimile: (510) 444 4410 E-mail: hunter@hunterpylelaw.com csaunders@hunterpylelaw.com vehen@hunterpylelaw.com COUNTRYWIDE FINANCIAL: Class Cert. Bid in "Waldrup" Stayed ---------------------------------------------------------- In the lawsuit styled BARBARA WALDRUP, individually, and on behalf of other members of the general public similarly situated, the Plaintiffs, v. COUNTRYWIDE FINANCIAL CORPORATION, a Delaware corporation, COUNTRYWIDE HOME LOANS, a New York corporation; COUNTRYWIDE BANK, N.A., a national association, BANK OF AMERICA CORPORATION, a Delaware corporation, LANDSAFE INC., a Delaware corporation; LANDSAFE APPRAISAL INC., a California corporation, the Defendants, Case No. 2:13-cv-08833-CAS-AGR (C.D. Cal.), the Hon. Judge Christina A. Snyder entered an order on Dec. 20, 2017: 1. holding Plaintiffs' Motion for Class Certification in abeyance until on or after January 9, 2018; and 2. directing neither Party to avoid filing any motion, schedule any hearing, or seek any relief from the Court until after January 8, 2018. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=ybe5fYr5 Attorneys for Defendants: Robert E. Boone III, Esq. Douglas A. Thompson, Esq. Linda C. Hsu, Esq. Richard P. Steelman, Jr., SBN 266449 BRYAN CAVE LLP 120 Broadway, Suite 300 Santa Monica, CA 90401-2386 Telephone: (310) 576 2100 Facsimile: (310) 576 2200 E-Mail: reboone@bryancave.com douglas.thompson@bryancave.com linda.hsu@bryancave.com ricky.steelman@bryancave.com COUNTRYWIDE FINANCIAL: Class Cert. Bid in "Williams" Stayed ----------------------------------------------------------- In the lawsuit styled ELIZABETH WILLIAMS, et al., Plaintiffs, v. COUNTRYWIDE FINANCIAL CORPORATION, et al., Defendants, Case No. 2:16-cv-04166-CAS-AGR (C.D. Cal.), the Hon. Judge Christina A. Snyder entered an order on Dec. 20, 2017: 1. holding Plaintiffs' Motion for Class Certification in abeyance until on or after January 9, 2018; and 2. directing neither Party to avoid filing any motion, schedule any hearing, or seek any relief from the Court until after January 8, 2018. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=Q63E8BbO Attorneys for Defendants: Robert E. Boone III, Esq. Douglas A. Thompson, Esq. Linda C. Hsu, Esq. Richard P. Steelman, Jr., SBN 266449 BRYAN CAVE LLP 120 Broadway, Suite 300 Santa Monica, CA 90401-2386 Telephone: (310) 576 2100 Facsimile: (310) 576 2200 E-Mail: reboone@bryancave.com douglas.thompson@bryancave.com linda.hsu@bryancave.com ricky.steelman@bryancave.com CREDIT SUISSE: Saxena White Files Securities Fraud Class Action --------------------------------------------------------------- Saxena White P.A. has filed a securities fraud class action lawsuit in the United States District Court for the Southern District of New York against Credit Suisse Group AG ("Credit Suisse" or the "Company") (NYSE: CS) on behalf of investors who purchased or otherwise acquired the common stock of the Company between March 20, 2015 and February 3, 2016, inclusive (the "Class Period"). Credit Suisse is a multinational financial services holding company with one of its four primary divisions focused on investment banking. The Company is based in Switzerland with its principal U.S. offices in New York, New York. The Complaint asserts claims for violations of the Securities Exchange Act of 1934. The Complaint alleges that, throughout the Class Period, Defendants made false and/or misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and risk controls. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (1) Credit Suisse's risk protocols and control systems were routinely disregarded (3) the Company was accumulating billions of dollars of risky, highly illiquid securities in violation of those risk protocols; and (5) as a result of the foregoing, Defendants' statements about Credit Suisse's business, operations, and risk controls were false and misleading and/or lacked a reasonable basis. You may obtain a copy of the Complaint and join the class action at www.saxenawhite.com. If you purchased Credit Suisse American Depositary Receipts between March 20, 2015 and February 3, 2016, you may contact Lester Hooker (lhooker@saxenawhite.com) at Saxena White P.A. to discuss your rights and interests. If you purchased Credit Suisse American Depositary Receipts during the Class Period of March 20, 2015 through February 3, 2016 and wish to apply to be the lead plaintiff in this action, a motion on your behalf must be filed with the Court by no later than February 20, 2018. You may contact Saxena White P.A. to discuss your rights regarding the appointment of lead plaintiff and your interest in the class action. Please note that you may also retain counsel of your choice and need not take any action at this time to be a class member. Saxena White P.A., with offices in Florida, New York, and Massachusetts, concentrates its practice on prosecuting securities fraud and complex class actions on behalf of institutions and individuals. Currently serving as lead counsel in numerous securities fraud class actions nationwide, the firm has recovered hundreds of millions of dollars on behalf of injured investors and is active in major litigation pending in federal and state courts throughout the United States. Lester R. Hooker, Esq. Saxena White P.A. 150 East Palmetto Park Road, Suite 600 Boca Raton, FL 33432 Tel: (561) 206-6708 Fax: (866) 290-1291 E-mail: lhooker@saxenawhite.com [GN] CRYPTO COMPANY: Gainey McKenna Files Class Action Lawsuit --------------------------------------------------------- Gainey McKenna & Egleston disclosed that a class action lawsuit has been filed against The Crypto Company ("Crypto Company" or the "Company") (OTC:CRCW) in the United States District Court for the Central District of California on behalf of a class consisting of investors who purchased or otherwise acquired Crypto Company securities on the open market from August 21, 2017 through December 18, 2017, inclusive (the "Class Period"), seeking to recover compensable damages caused by Defendants' violations of the Securities Exchange Act of 1934. On December 19, 2017, the Securities and Exchange Commission ("SEC") temporarily suspended trading in the securities of the Crypto Company until January 3, 2018 after shares had risen more than 17,000% in less than three months. The SEC stated there were "concerns regarding the accuracy and adequacy of information in the marketplace" about compensation paid for promotion of the Company and statements in SEC filings about plans of company insiders to sell their shares of Crypto Company's common stock. The SEC also announced that questions have arisen concerning potentially manipulative transactions in Crypto Company's stock in November 2017. According to the lawsuit, Defendants made materially false and/or misleading statements and/or failed to disclose that: (1) Crypto Company unlawfully engaged in a scheme to promote and manipulate the Company's stock; and (2) as a result, Crypto Company's public statements were materially false and misleading at all relevant times. When the true details entered the market, the lawsuit claims that investors suffered damages. Investors who purchased or otherwise acquired shares during the Class Period should contact the Firm prior to the February 20, 2018 lead plaintiff motion deadline. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. If you wish to discuss your rights or interests regarding this class action, please contact Thomas J. McKenna, Esq. -- tjmckenna@gme-law.com -- or Gregory M. Egleston, Esq. -- gegleston@gme-law.com -- of Gainey McKenna & Egleston at (212) 983-1300. [GN] CRYPTO COMPANY: Rosen Law Files Securities Class Action Lawsuit --------------------------------------------------------------- Rosen Law Firm, a global investor rights law firm, announces the filing of a class action lawsuit on behalf of purchasers of the securities of The Crypto Company (OTCMKTS:CRCW) from August 21, 2017 through December 18, 2017, inclusive (the "Class Period"). The lawsuit seeks to recover damages for The Crypto Company investors under the federal securities laws. To join The Crypto Company class action, go to http://rosenlegal.com/cases-1258.htmlor call Phillip Kim, Esq. or Kevin Chan, Esq. toll-free at 866-767-3653 or email pkim@rosenlegal.com or kchan@rosenlegal.com for information on the class action. NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN ONE. YOU MAY ALSO REMAIN AN ABSENT CLASS MEMBER AND DO NOTHING AT THIS POINT. YOU MAY RETAIN COUNSEL OF YOUR CHOICE. On December 19, 2017, the Securities and Exchange Commission ("SEC") temporarily suspended trading in the securities of The Crypto Company until January 3, 2018 after shares had risen more than 17,000% in less than three months. The SEC stated there were "concerns regarding the accuracy and adequacy of information in the marketplace" about compensation paid for promotion of the company and statements in SEC filings about plans of company insiders to sell their shares of The Crypto Company's common stock. The SEC also announced that questions have arisen concerning potentially manipulative transactions in The Crypto Company's stock in November 2017. According to the lawsuit, defendants during the Class Period made materially false and/or misleading statements and/or failed to disclose that: (1) The Crypto Company unlawfully engaged in a scheme to promote and manipulate the company's stock; and (2) as a result, The Crypto Company's public statements were materially false and misleading at all relevant times. When the true details entered the market, the lawsuit claims that investors suffered damages. A class action lawsuit has already been filed. If you wish to serve as lead plaintiff, you must move the Court no later than February 20, 2018. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. If you wish to join the litigation, go to http://rosenlegal.com/cases-1258.htmlor to discuss your rights or interests regarding this class action, please contact Phillip Kim, Esq. or Kevin Chan, Esq. of Rosen Law Firm toll free at 866- 767-3653 or via e-mail at pkim@rosenlegal.com or kchan@rosenlegal.com. Follow us for updates on LinkedIn: https://www.linkedin.com/company/the-rosen-law-firm or on Twitter: https://twitter.com/rosen_firm. Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. Since 2014, Rosen Law Firm has been ranked #2 in the nation by Institutional Shareholder Services for the number of securities class action settlements annually obtained for investors. Laurence Rosen, Esq. Phillip Kim, Esq. Kevin Chan, Esq. The Rosen Law Firm, P.A. Tel: (212) 686-1060 Toll Free: (866) 767-3653 Fax: (212) 202-3827 Email: lrosen@rosenlegal.com pkim@rosenlegal.com kchan@rosenlegal.com [GN] CUSTOM FAB: "Sanchez" Suit Seeks Minimum Wage & OT under FLSA ------------------------------------------------------------- CESAR SANCHEZ, individually and on behalf of all others similarly situated, the Plaintiff, v. CUSTOM FAB GROUP CORP., NY MUNICIPAL EQUIPMENT, INC., and KIRK LOMBARDI and YAND GIL, as individuals, the Defendants, Case No. CV-17-7489 (E.D.N.Y., Dec. 26, 2018), seeks compensatory damages and liquidated damages in an amount exceeding $100,000.00, interest, attorneys' fees, and costs under the New York Labor Law and Fair Labor Standards Act. The Plaintiff was employed by Defendants from December 2011 until November 2017. The Plaintiff's primary duties were as auto body worker, fabricator, and laborer and performing other miscellaneous duties. According to the complaint, the Plaintiff was paid by Defendants approximately $1,500.00 per week. The Defendants willfully failed to post notices of the minimum wage and overtime wage requirements in a conspicuous place at the location of their employment as required by both the NYLL and the FLSA. The Defendants also willfully failed to keep accurate payroll records as required by both NYLL and the FLSA.[BN] The Plaintiff is represented by: Roman Avshalumov, Esq. HELEN F. DALTON & ASSOCIATES, P.C. 69-12 Austin Street Forest Hills, NY 11375 Telephone: (718) 263 9591 DOLLAR THRIFTY: "Maor" Suit Seeks to Certify Class -------------------------------------------------- In the lawsuit styled Marshall Maor, on behalf of himself and others similarly situated, the Plaintiff, v. Dollar Thrifty Automotive Group, Inc., (d/b/a/Dollar Rent A Car), Dollar Rent A Car, Inc., and DTG Operations, Inc., the Defendants, Case No. 1:15-cv-22959-JEM (S.D. Fla.), the Plaintiff asks the Court to certify a class of: "all persons and entities who rented a vehicle from Dollar, who took possession of the vehicle at a Dollar or Thrifty rental location in Florida, and who paid Dollar an administrative fee for electronic toll collection after August 6, 2010." The Plaintiff further asks the Court for his appointment as Class Representative, and for the appointment of the Lawrence Law Firm, Lite DePalma Greenberg, LLC, and Karon LLC as Co-Lead Counsel and Aronovitz Law as Liaison Counsel. The Complaint alleges that Dollar charges an "administrative fee" to renters who incur an electronic toll charge but did not opt in at the rental counter to Dollar's all-inclusive toll service. Like the name itself communicates, Dollar tells renters that the administrative fee is used "to cover the cost of processing" such electronic toll charges. That is simply untrue. The Complaint alleges, discovery confirms, and Dollar stated under oath that the administrative fee it charges Class members significantly exceeds the cost of processing toll charges they incur. From August 6, 2010 through the present, charged Class members $15.00 or $25.00 per toll in "administrative fees" while Dollar estimated the actual cost of processing Class members' underlying toll charges was roughly $1.00 per toll Ex. 15 (Lyle Tr. 50:7-9). Dollar's corporate designee admitted that the toll program was designed to generate company profits. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=znkUdDNE Attorneys for Plaintiff and the Proposed Class: Tod Aronovitz, Esq. Barbara Perez, Esq. ARONOVITZ LAW One Biscayne Tower, Suite 3700 2 South Biscayne Blvd. Miami, FL 33131 Telephone: (305) 372 2772 Facsimile: (305) 397 1886 E-mail: ta@aronovitzlaw.com bp@aronovitzlaw.com - and - Jeffrey W. Lawrence, Esq. THE LAWRENCE LAW FIRM 101 California Street, Suite 2710 San Francisco, CA 94104 Telephone: (415) 504 1601 Facsimile: (415) 504 1605 E-mail: jeffreyl@jlawerncelaw.com - and - Bruce D. Greenberg, Esq. Jeremy N. Nash, Esq. LITE DEPALMA GREENBERG, LLC 570 Broad Street, Suite 1201 Newark, NJ 07102 Telephone: (973) 623 3000 Facsimile: (973) 623 0858 E-mail: bgreenberg@litedepalma.com jshooman@litedepalma.com - and - Daniel R. Karon, Esq. Beau D. Hollowell, Esq. KARON LLC 700 W. St. Clair Ave., Suite 200 Cleveland, OH 44113 Telephone: (216) 622 1851 Facsimile: (216) 241 8175 E-mail: dkaron@karonllc.com bhollowell@karonllc.com Attorneys for Defendants: Joseph H. Serota, Esq. Anne K. Reilly, Esq. WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 200 East Broward Boulevard, Suite 1900 Fort Lauderdale, FL 33301 Telephone: (954) 763 4242 Facsimile: (954) 627 3475 E-mail: jserota@wsh-law.com areilly@wsh-law.com - and - John F. Ward, Jr., Esq. Elizabeth A. Coleman, Esq. JENNER & BLOCK, LLP 353 N. Clark Street Chicago, IL 60654-3456 Telephone: (312) 222 9350 E-mail: jward@jenner.com ecoleman@jenner.com - and - Jessica Ring Amunson, Esq. Michelle R. Singer, Esq. JENNER & BLOCK LLP 1099 New York Avenue, NW, Suite 900 Washington, DC 20001-4412 Telephone: (202) 639 6000 E-mail: jamunson@jenner.com msinger@jenner.com EQUITY PRIME: "Kirk" Suit Seeks Minimum Wage & OT under FLSA ------------------------------------------------------------ GABRIEL KIRK, On Behalf of Himself and All Others Similarly Situated, the Plaintiff, v. EQUITY PRIME MORTGAGE LLC, the Defendant, Case No. 1:17-cv-05282-CAP (N.D. Ga., Dec. 20, 2017), seeks to recover minimum wage and/or overtime compensation under the Fair Labor Standards Act. According to the complaint, the Plaintiff Kirk is a former Mortgage Loan Originator for Defendant. He sold mortgages to individual customers primarily over the telephone. The Defendant treated him and other Mortgage Loan Originators as exempt employees, and did not pay them minimum wage and/or overtime compensation. In fact, Defendant failed to pay Plaintiff any compensation for approximately his first three months of work. The Defendant operates and/or operated retail mortgage branches nationwide. This is a collective action brought by Individual and Representative Plaintiff Gabriel Kirk on his own behalf and on behalf of any proposed collective and any sub-collectives. The Plaintiff and the putative collective members are or were employed by Defendant as "mortgage loan originators," "mortgage loan officers," "senior mortgage loan officers," "loan officers," and in other similar mortgage origination jobs, and who Defendant misclassified such that they were denied minimum wage and/or overtime compensation as required by federal and states wage and hour laws. These employees are similarly situated under the Fair Labor Standards Act.[BN] The Plaintiff is represented by: Geoffrey E. Pope, Esq. POPE & HOWARD, P.C. 945 E. Paces Ferry Road, Suite 2525 Atlanta, Georgia 30326 Telephone: (404) 885 9999 Facsimile: (404) 885 9998 E-mail: gpope@popehoward.com - and - Rowdy B.Meeks, Esq. ROWDY MEEKS LEGAL GROUP LLC www.rmlegalgroup.com 8201 Mission Road, Suite 250 Prairie Village, Kansas 66208 Telephone: (913) 766 5585 Facsimile: (816) 875 5069 E-mail: Rowdy.Meeks@rmlegalgroup.com EUROPEAN AMERICAN WASTE: Guerrero Seeks Overtime Compensation ------------------------------------------------------------- HECTOR GUERRERO, individually and on behalf of all other persons similarly situated who were employed by, EUROPEAN AMERICAN WASTE SERVICES, INC. and/or other entities affiliated or controlled by EUROPEAN AMERICAN WASTE SERVICES, INC., the Plaintiffs, v. EUROPEAN AMERICAN WASTE SERVICES, INC., the Defendants, Case No. 609318/2017 (N.Y. Sup. Ct., Dec. 21, 2017), seeks to recover unpaid wage rates and/or overtime compensation under the New York Labor Law. According to the complaint, the Plaintiffs performed various types of building service work, including but not limited to moving and storage related work in accordance with the Public Works Contracts. The Defendants paid Plaintiffs less than the prevailing rates of wages and supplements to which Plaintiffs were entitled for all hours they worked upon the Public Works Contracts. While working for Defendants, the Plaintiffs and the members of the putative class did not receive all earned overtime wages, at the rate of one and one half times the regular rate of pay, for the time in which they worked after the first 40 hours in any given week, including time worked reporting to the company yard at the beginning and end of each workday. The Defendants constituted the "employers" of the Named Plaintiffs and others similarly situated. The Defendants violated New York Labor Law by failing to pay Plaintiffs the agreed upon benefits and/or wage supplements owed to them for the work they performed. The Defendants' failure to pay the agreed upon wages, including for time spent reporting to the year at the beginning and end of the workday, overtime compensation, benefit and supplement rates was willful.[BN] Attorneys for Plaintiffs and Putative Class: Lloyd Ambinder, Esq. VIRGINIA & AMBINDER, LLP 40 Broad Street, 7th Floor New York, NY 10004 Telephone: (212) 943 9080 EXPRESS SCRIPTS: "Gearhart" Suit Moved to E.D. Kentucky ------------------------------------------------------- The class action lawsuit titled Edward P. Gearhart, Individually and On Behalf of All Others Similarly Situated, the Plaintiff, v. Express Scripts, Inc., the Defendant, Case No. 15-CI-90250, was removed from the Rowan Circuit Court, to the U.S. District Court for the Eastern District of Kentucky (Ashland). The District Court Clerk assigned Case No. 0:18-cv-00002-HRW. The case is assigned to the Hon. Judge Henry R. Wilhoit, Jr.[BN] The Plaintiff is represented by: Alex C. Davis, Esq. Jasper D. Ward, IV, Esq. JONES WARD PLC - LOUISVILLE 1205 E. Washington Street The Pointe, Suite 111 Louisville, KY 40206 Telephone: (502) 882 6000 Facsimile: (502) 587 2007 E-mail: alex@jonesward.com jasper@jonesward.com The Defendant is represented by: Britt K. Latham, Esq. Elaina S. Al-Nimri, Esq. Jaron P. Blandford, Esq. Jason R. Hollon, Esq. McBRAYER, MCGINNIS, LESLIE & KIRKLAND, PLLC 201 E. Main Street, Suite 900 Lexington, KY 40507 Telephone: (859) 231 8780 Facsimile: (859) 281 6480 E-mail: jblandford@mmlk.com jhollon@mmlk.com FEDEX FREIGHT: "Emetoh" Suit Moved to N.D. California ----------------------------------------------------- The class action lawsuit titled Theodore A. Emetoh, on behalf of himself, all others similarly situated, the Plaintiff, v. FedEx Freight, Inc., an Arkansas corporation, the Defendant, Case No. 17CV319118, was removed from the Santa Clara County Superior Court, to the U.S. District Court for the Northern District of California (Oakland). The District Court Clerk assigned Case No. 4:17-cv-07272-YGR to the proceeding. The case is assigned to the Hon. Judge Yvonne Gonzalez Rogers. FedEx Freight Inc. provides less-than-truckload transportation services. FedEx Freight Inc. was formerly known as Fedex Freight East, Inc. The company was founded in 1982 and is based in Harrison, Arkansas. Fedex Freight, Inc. operates as a subsidiary of FedEx Freight Corporation.[BN] The Plaintiff is represented by: Chaim Shaun Setareh, Esq. Howard Scott Leviant, Esq. SETAREH LAW GROUP 9454 Wilshire Boulevard, Suite 907 Beverly Hills, CA 90212-2937 Telephone: (310) 888 7771 Facsimile: (310) 888 0109 E-mail: shaun@setarehlaw.com scott@setarehlaw.com The Defendant is represented by: Keith Adam Jacoby, Esq. Linda Nguyen Bollinger, Esq. Sophia Behnia, Esq. LITTLER MENDELSON 2049 Century Park East, 5th Floor Los Angeles, CA 90067-3107 Telephone: (310) 553 0308 Facsimile: (310) 553 5583 E-mail: kjacoby@littler.com lbollinger@littler.com sbehnia@littler.com FIRST FINANCIAL: Weinberger Sues over Debt Collections Practices ---------------------------------------------------------------- Yoel Weinberger, individually and on behalf of all others similarly situated, the Plaintiff, v. First Financial Asset Management, Inc. and John Does l-25, the Defendant, Case No. 1:18-cv-00011 (E.D.N.Y. Fla., Jan. 1, 2018), seeks to recover damages and declaratory and injunctive relief under the Fair Debt Collections Practices Act. According to the complaint, some time prior to January 3, 2017, an obligation was allegedly incurred to HSBC Bank USA, N.A. The HSBC Bank USA, N.A. obligation arose out of transactions in which money, property, insurance or services, which are the subject of the transaction, are primarily for personal, family or household purposes. Defendant collects and attempts to collect debts incurred or alleged to have been incurred for personal, family or household purposes on behalf of creditors using the United States Postal Services, telephone and internet. The Defendant is a debt collector.[BN] The Plaintiff is represented by: Daniel Kohn, Esq. RC LAW GROUP, PLLC 285 Passaic Street Hackensack, NJ 07601 Telephone: (201) 282 6500 Facsimile: (201) 282 6501 FLEET-CAR LEASE: Fails to Pay Regular & OT Wages, Boyd Says ----------------------------------------------------------- BILLY BOYD on behalf of himself, all others similarly situated, and on behalf of the general public, the Plaintiff, v. FLEET-CAR LEASE, INC.; DBA FLEET-CAR CARRIERS; and DOES 1-100, the Defendant, Case No. BC688902 (Cal. Super. Ct., Jan. 1, 2018), seeks to recover straight, regular rate wages for all work performed and overtime wages under the California Labor Code. The action is brought on behalf of Plaintiff and all other aggrieved employees of Defendant who were not paid compensation for all time worked at the straight or overtime rate; worked a shift of at least five hours without receiving a meal period; worked four hours, or a major fraction thereof, without receiving a 10-minute net rest break; were not provided accurate itemized wage statements; were not provided paid sick days for all hours worked; were not paid wages due upon termination; were not paid waiting time penalties; were not paid all wages owed twice per month; and were not reimbursed for business expenses. Fleet-Car Lease provides full truckload auto shipment services to new vehicle manufacturers in the United States. The company specializes to haul vehicles from ports, plants, and rail ramps. It serves the auto industry.[BN] The Plaintiff is represented by: William Turley, Esq. David Mara, Esq. Jamie Serb, Esq. Tony Roberts, Esq. THE TURLEY & MARA LAW FIRM, APLC 7428 Trade Street San Diego, CA 92121 Telephone: (619) 234 2833 Facsimile: (619) 234 4048 FLOWERS FOODS: Court Certifies Distributors Class in "Richard" -------------------------------------------------------------- In the lawsuit styled ANTOINE RICHARD, ET AL., the Plaintiffs, v. FLOWERS FOODS, INC., ET AL., the Defendants, Case No. 6:15-cv- 02557-SMH-CBW (W.D. La.), the Hon. Judge Carol B. Whitehurst entered an order: 1. certifying a class of: "all persons who work or have worked as a distributor in the State of Louisiana for Flowers and were classified as independent contractors"; and 2. appointing attorneys for Plaintiffs, Steven G. Durio, Ryan M. Goudelocke, Travis J. Broussard, and the law firm of Durio, McGoffin, Stagg and Ackermann, as Class Counsel to represent the Class. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=4rwv6kju FULFILLMENT LAB: Malet-Jowett Sues over Spam Text Messages ---------------------------------------------------------- EMILY MALET-JOWETT, on behalf of herself and other persons similarly situated, the Plaintiff, v. THE FULFILLMENT LAB, INC., the Defendant, Case No. 2:18-cv-00064 (E.D. La., Jan. 1, 2018), seeks injunction requiring Defendant to cease all unlawful text messaging activities, and an award of statutory damages to Plaintiff and the Class for each such violation, together with costs and reasonable attorneys' fees. The Defendant is a company that provides services for the sale and distribution of "knock-off" skin care products, nutritional supplements, cosmetic products, and health care products. The Defendant uses proprietary software to market, sell and deliver products on behalf of their clients. In order to market its clients' products, Defendant sends text message advertising calls to thousands of consumers' cellular telephones nationwide. According to the complaint, the Defendant initiates or takes steps necessary to place such text message advertising calls using an automated telephone dialing system and/or are so involved in placing the calls as to be deemed to initiate them. The Defendant does not obtain the requisite consent from such consumers to make such text message advertising calls and therefore violates the Telephone Consumer Protection Act. The Defendant also violates the TCPA by failing to clearly state the legal name of the business that is responsible for initiating such calls. Moreover, Defendant violates the TCPA by failing to provide in every text message call sent an automated opt-out mechanism for the called person to make a do-not-call request. The TCPA was enacted to protect consumers from unsolicited and unwanted calls, exactly like those alleged in this case. The Defendant makes these text message calls despite the fact that neither Plaintiff nor the other members of a putative Class of consumers provide Defendant with their prior express consent to receive such text messages. By sending spam text messages, Defendant violates the privacy and statutory rights of Plaintiff and the Class and cause them harm, not only by subjecting them to the aggravation that necessarily accompanies the receipt of unsolicited spam text message advertisements, but also because consumers frequently have to pay their wireless providers for the receipt of such unsolicited text message calls.[BN] The Plaintiff is represented by: Roberto Luis Costales, Esq. William H. Beaumont, Esq. Jonathan Mille Kirkland, Esq. BEAUMONT COSTALES LLC 3801 Canal Street, Suite 207 New Orleans, LA 70119 Telephone: (504) 534 5005 E-mail: rlc@beaumontcostales.com whb@beaumontcostales.com jmk@beaumontcostales.com FUTUREDONTICS INC: Fails to Pay Regular Wages, Olivares Says ------------------------------------------------------------ HENRY OLIVARES, individually, and on behalf of other members of the general public similarly situated, the Plaintiff, v. FUTUREDONTICS, INC., a California corporation; and DOES 1 through 100, inclusive, the Defendants, Case No. BC688742 (Cal. Super. Ct., Jan. 1, 2018), seeks to recover earned regular and/or overtime wages under the California Labor Code. According to the complaint, Defendants employed Plaintiff and other persons as hourly-paid or non-exempt employees within the State of California, including the County of Los Angeles. The Defendants, jointly and severally, employed Plaintiff as an hourly-paid, nonexempt employee from July 2006 to December 2004, in the State of California, County of Los Angeles. The Defendants hired Plaintiff and the other class members and classified them as hourly-paid or non-exempt employees, and failed to compensate them for all hours worked and missed meal periods and/or rest breaks. The Defendants had the authority to hire and terminate Plaintiff and the other class members, to set work rules and conditions governing Plaintiffs and the other class members' employment, and to supervise their daily employment activities. The Defendants exercised sufficient authority over the terms and conditions of Plaintiffs and the other class members' employment for them to be joint employers of Plaintiff and the other class members. The Defendants directly hired and paid wages and benefits to Plaintiff and the other class members. The Defendants continue to employ hourly-paid or non-exempt employees within the State of California. The Plaintiff and the other class members worked over eight hours in a day and/or 40 hours in a week during their employment with Defendants. The Plaintiff alleges that Defendants engaged in a pattern and practice of wage abuse against their hourly-paid or non-exempt employees within the State of California.[BN] The Plaintiff is represented by: Edwin Aiwazian, Esq. LAWYERS for JUSTICE, PC 410 West Arden Avenue, Suite 203 Glendale, CA 91203 Telephone: (818) 265 1020 Facsimile: (818) 265 1021 G&R COLLECTIONS: Certification of Consumers Class Sought -------------------------------------------------------- In the lawsuit styled SHAWNDA TIERNAN, individually and on behalf of all others similarly situated, the Plaintiff, v. G&R COLLECTIONS and MBG, INC., the Defendant, Case No. 3:16-cv-02602 (M.D. Tenn.), the Parties ask the Court for an Order certifying this case to proceed as a class action, and granting preliminary approval of the settlement, on behalf of a class of: "all Tennessee consumers who were sent an initial collection letter from G&R, during the time period of September 27, 2015 to present, attempting to collect a debt or alleged debt for A-1 Cash Advance, that contains the language "Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification." A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=mT3TZfgj Attorneys for Plaintiff: Ari H. Marcus, Esq. MARCUS & ZELMAN, LLC 1500 Allaire Avenue, Suite 101 Ocean, New Jersey 07712 Telephone: (732) 695 3282 Facsimile: (732) 298 6256 E-Mail: Ari@MarcusZelman.com Attorneys for Defendants: William Brinkerhoff, Esq. KATZ, KORIN, & CUNNINGHAM PC The Emelie Building 334 N Senate Avenue, Indianapolis, IN 46204-1708 Telephone: (317) 464 1100 Facsimile: (317) 464 1111 E-mail: bbrinkerhoff@kkclegal.com GARDEN FRESH: PWDs Can't Access Parking Lot, Green Says ------------------------------------------------------- KEVIN GREEN, on behalf of himself and all others similarly situated, the Plaintiff, v. GARDEN FRESH RESTAURANTS LLC, the Defendants, Case No. BC688794 (Cal. Super. Ct., Jan. 5, 2018), seeks to recover statutory damages and reasonable attorneys' fees for Defendant's violation of the anti-discrimination state statutes of California, the Unruh Civil Rights Act, California Disabled Persons Act, and California Civil Code. According to complaint, on October 1, 2017, the Plaintiff patronized the Souplantation located at 375 West Ventura Blvd., Camarillo, CA to purchase lunch and suffered discrimination as a result of being denied full and equal access. Specifically, this store denied the Plaintiff access to the parking lot and/or restroom area. First, Plaintiff was deterred from parking in a handicap accessible parking space because the parking lot did not have an adequate number of handicap accessible parking spaces, nor did the parking lot provide handicap accessible parking signage with language below the symbol of accessibility stating "minimum fine $250.00" in order to deter the use of handicap spaces by non-handicapped persons. As a result, Plaintiff was unable to park in a handicap accessible parking space. Once inside the restaurant, Plaintiff was denied equal access to the store's restroom. Initially, Plaintiff was unable to access the restroom without assistance because the restroom door was so heavy, the force required by him to open the door made it impossible for him to wheel himself inside, unassisted. Once inside the restroom, Plaintiff was deterred from using the facilities because toilet stall door hardware in the men's restroom is not handicap accessible, and because the urinal rim height was so high so that a wheelchair- bound person is not able to use it. Finally, prior to exiting the restroom, Plaintiff was deterred from washing his hands because the soap and paper towel dispensers were both mounted excessively high and out of reach to a wheelchair-bound person, and because the pipes under the lavatory are not covered and Plaintiff feared burning his legs.[BN] The Plaintiff is represented by: Evan J. Smith, Esq. BRODSKY & SMITH, LLC 9595 Wilshire Blvd., Ste. 900 Beverly Hills, CA 90212 Telephone: (877) 534 2590 Facsimile: (310) 247 0160 GENERAL CABLE: Stanfield Seeks to Enjoin Prysmian Merger -------------------------------------------------------- PETER STANFIELD, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. GENERAL CABLE CORPORATION, JOHN E. WELSH III, MICHAEL T. McDONNELL, SALLIE B. BAILEY, EDWARD C. HALL, GREGORY E. LAWTON, CRAIG P. OMTVEDT, and PATRICK M. PREVOST, the Defendants, Case No. 1:18-cv-00006-UNA (D. Del., Jan. 1, 2018), seeks to enjoin Defendants from holding stockholders vote on a Proposed Merger and taking any steps to consummate the Proposed Merger unless, and until, material information is disclosed to General Cable shareholders sufficiently in advance of the vote on the Proposed Merger or, in the event the Proposed Merger is consummated, to recover damages resulting from the Defendants' violations of the Exchange Act. This action is brought as a class action by Plaintiff on behalf of himself and the other public holders of the common stock of General Cable Corporation for their violations of Sections 14(a) and 20(a) of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. sections 78n(a), 78t(a), SEC Rule 14a-9, 17 C.F.R. 240.14a-9, and Regulation G, 17 C.F.R. section 244.100 in connection with the proposed merger between General Cable and a subsidiary of Prysmian S.p.A. According to the complaint, on December 3, 2017, the Board caused the Company to enter into an agreement and plan of merger, pursuant to which the Company's shareholders stand to receive $30.00 in cash for each share of General Cable stock they own for a total value of approximately $3 billion. On December 22, to convince General Cable shareholders to vote in favor of the Proposed Merger, the Board authorized the filing of a materially incomplete and misleading preliminary proxy statement with the Securities and Exchange Commission, in violation of Sections 14(a) and 20(a) of the Exchange Act. The materially incomplete and misleading Proxy independently violates both Regulation G (17 C.F.R. section 244.100) and SEC Rule 14a-9 (17 C.F.R. 240.14a-9), each of which constitutes a violation of Section 14(a) and 20(a) of the Exchange Act. While touting the fairness of the Merger Consideration to the Company's shareholders in the Proxy, Defendants have failed to disclose certain material information that is necessary for shareholders to properly assess the fairness of the Proposed Merger, thereby violating SEC rules and regulations and rendering certain statements in the Proxy materially incomplete and misleading. In particular, the Proxy contains materially incomplete and misleading information concerning the financial forecasts for the Company that were prepared by the Company and relied upon by the Board in recommending the Company's shareholders vote in favor of the Proposed Merger. The financial forecasts were also utilized by General Cable's financial advisor, J.P. Morgan Securities LLC ("J.P. Morgan"), in conducting the valuation analyses in support of its fairness opinion. It is imperative that the material information that has been omitted from the Proxy is disclosed prior to the forthcoming stockholder vote to allow the Company's stockholders to make an informed decision regarding the Proposed Merger. For these reasons, and as set forth in detail herein, Plaintiff asserts claims against Defendants for violations of Sections 14(a) and 20(a) of the Exchange Act, based on Defendants' violation of (i) Regulation G (17 C.F.R. section 244.100) and (ii) Rule 14a-9 (17 C.F.R. 240.14a-9).[BN] The Plaintiff is represented by: Nadeem Faruqi, Esq. James M. Wilson, Jr., Esq. FARUQI & FARUQI, LLP 685 Third Ave., 26th Fl. New York, NY 10017 Telephone: (212) 983 9330 E-mail: nfaruqi@faruqilaw.com jwilson@faruqilaw.com GENPACT SERVICES: Debt Collection Practices Illegal, Olender Says ----------------------------------------------------------------- Dana Olender, individually and on behalf of all others similarly situated, the Plaintiff, v. Genpact Services LLC, the Defendant, Case No. 2:18-cv-00093 (E.D.N.Y., Jan. 5, 2018), seeks to recover damages for violations of the Fair Debt Collection Practices Act. The Plaintiff brings this action individually and as a class action on behalf of all persons similarly situated in the State of New York from whom Defendant attempted to collect a consumer debt by sending a collection letter which stated, "The total account balance as of the date of this letter is shown above. Your account balance may increase because of interest or other charges, if so provided in your agreement with your creditor," without providing information sufficient to allow the least sophisticated consumer to determine the actual amount of the debt as required by the FDCPA, from one year before the date of this Complaint to the present. The Defendant regularly engages in debt collection. The Class consists of more than 35 persons from whom Defendant attempted to collect delinquent consumer debts by sending the collection letter. Genpact provides collections and business services, and technology solutions in the United States. Its finance and accounting services include procure to pay, accounts payable and receivables, fixed assets accounting, record to report, audits and projects, books closure, and accounts reconciliation.[BN] The Plaintiff is represented by: BARSHAY SANDERS, PLLC 100 Garden City Plaza, Suite 500 Garden City, New York 11530 Telephone: (516) 203 7600 Facsimile: (516) 706 5055 E-mail: ConsumerRights@BarshaySanders.com GRIMLEY FINANCIAL: Faces "Freeman" Suit in District of New Jersey ----------------------------------------------------------------- A class action lawsuit has been filed against GRIMLEY FINANCIAL CORPORATION. The case is captioned as LATOYA FREEMAN, on behalf of herself and all others similarly situated, the Plaintiff, v. GRIMLEY FINANCIAL CORPORATION and JOHN DOES 1-25, the Defendants, Case No. 1:17-cv-13314-JHR-JS (D.N.J., Dec. 20, 2017). The case is assigned to the Hon. Judge Joseph H. Rodriguez. Grimley Financial is a full service, healthcare revenue cycle solutions provider.[BN] The Plaintiff is represented by: Joseph K. Jones, Esq. JONES, WOLF & KAPASI, LLC 375 Passaic Avenue, Suite 100 Fairfield, NJ 07004 Telephone: (973) 227 5900 Facsimile: (973) 244 0019 E-mail: jkj@legaljones.com HILTON GRAND: "Glasser" Suit Seeks to Certify TCPA Class -------------------------------------------------------- In the lawsuit styled MELANIE GLASSER, individually and on behalf of all others similarly situated, the Plaintiff, v. HILTON GRAND VACATIONS COMPANY, LLC, the Defendant, Case No. 8:16-cv-00952- JDW-AAS (M.D. Fla.), the Plaintiff moves the Court to certify a class of: "all persons in the United States whose cellular telephone number Defendant called using the IMC system between October 16, 2013 and April 2, 2014 where the IMC system recorded a result of either "Connected" or "Machine." This case is about a massive telemarketing campaign where Grand Vacations placed automated telemarketing calls to Plaintiff's cellular telephone number in an effort to sell her timeshares for which she has never expressed any interest, much less provided express written consent as required by the TCPA. Between October 16, 2013 and April 2, 2014, Defendant used the same automatic telephone dialing system (the IMC System) to place approximately 13,000,000 telemarketing calls to approximately 3,500,000 cellular telephone numbers that successfully connected to the recipient's telephone, including thirteen such calls to Plaintiff's cellular telephone number. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=7bPhTiJt The Plaintiff is represented by: Timothy J. Sostrin, Esq. Keith Keogh, Esq. KEOGH LAW, LTD 55 W. Monroe St, Suite 3390 Chicago, IL 60603 Telephone: (312) 726 1092 Facsimile: (312) 726 1093 E-mail: Keith@Keoghlaw.com TSostrin@KeoghLaw.com - and - William Peerce Howard, Esq. Amanda J. Allen, Esq. THE CONSUMER PROTECTION FIRM TheConsumerProtectionFirm.com 210 A-South MacDill Ave. Tampa, FL 33609 Telephone: (813) 500 1500 E-mail: Billy@TheConsumerProtectionFirm.com Amanda@TheConsumerProtectionFirm.com HUBLOT OF AMERICA: Faces "Camacho" Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Hublot Of America, Inc. The case is styled as Jason Camacho, on behalf of himself and all others similarly situated, Plaintiff v. Hublot Of America, Inc., Defendant, Case No. 1:18-cv-00060 (E.D. N.Y., January 4, 2018). Hublot Of America, Inc. is a jewelry and precious stone company located in Fort Lauderdale, Florida.[BN] The Plaintiff is represented by: Daniel C Cohen, Esq. Daniel Cohen, PLLC 407 Rockaway Avenue Brooklyn, NY 11212 Tel: (646) 645-8482 Fax: (347) 665-1545 Email: dancohenlaw@gmail.com INOVALON HOLDINGS: Fromer Chiropractic Sues over Junk Fax --------------------------------------------------------- The case, ERIC B. FROMER CHIROPRACTIC, INC., a California corporation, individually and as the representative of a class of similarly-situated persons, the Plaintiff, v. INOVALON HOLDINGS, INC., INOVALON, INC., Delaware corporations, and INOVALON SME, LLC, a Delaware limited liability company, the Defendants, Case No. 8:17-cv-03801-GJH (D. Md., Dec. 26, 2017), challenges Defendants' practice of sending unsolicited facsimiles. The federal Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Prevention Act of 2005, and the regulations promulgated under the Act, prohibit a person or entity from faxing or having an agent fax advertisements without the recipient's prior express invitation or permission. The JFPA provides a private right of action and provides for injunctive relief and statutory damages of $500 per violation. According to the complaint, the Defendants have sent facsimile transmissions of unsolicited advertisements to Plaintiff and the Class in violation of the JFPA, including, but not limited to, the facsimile transmission of an unsolicited advertisement on or about November 14, 2017. The Fax describes the commercial availability or quality of Defendants' products, goods and services. The Defendants have sent, and continue to send, unsolicited advertisements via facsimile transmission in violation of the JFPA, including but not limited to those advertisements sent to Plaintiff. Unsolicited faxes damage their recipients. A junk fax recipient loses the use of its fax machine, paper, and ink toner. An unsolicited fax wastes the recipient's valuable time that would have been spent on something else. A junk fax interrupts the recipient's privacy. Unsolicited faxes prevent fax machines from receiving authorized faxes, prevent their use for authorized outgoing faxes, cause undue wear and tear on the recipients' fax machines, and require additional labor to attempt to discern the source and purpose of the unsolicited message. Inovalon is a technology company which provides cloud-based platforms to the healthcare industry.[BN] The Plaintiff is represented by: Stephen H. Ring, Esq. STEPHEN H. RING, P.C. 9901 Belward Campus Drive, Suite 175 Rockville, MD 20850 Telephone: (301) 563 9249 Facsimile: (301) 563 9639 E-mail: shr@ringlaw.us - and - Ryan M. Kelly, Esq. ANDERSON + WANCA 3701 Algonquin Road, Suite 500 Rolling Meadows, IL 60008 Telephone: (847) 368 1500 Facsimile: (847) 368 1501 E-mail: rkelly@andersonwanca.com INTEL CORP: Garcia Sues over Defective x86-64x CPUs --------------------------------------------------- STEVEN P. GARCIA, and ANTHONY STACHOWIAK, individually and on behalf of all others similarly situated, the Plaintiffs, v. INTEL CORPORATION, a Delaware corporation, the Defendant, Case No. 5:18-cv-00046 (N.D. Cal., Jan. 3, 2018), seeks injunctive relief and damages from Defendant's defective Intel core processor ("CPUs"). The Defendant Intel's x86-64x CPUs suffer from a security defect, which causes the CPUs to be exposed to troubling security vulnerabilities by allowing potential access to extremely secure kernel data (the "Defect"). The only way to "patch' this vulnerability requires extensive changes to the root levels of the Operating System which will dramatically reduce performance of the CPU. The Defect renders the Intel x86-64x CPUs unfit for their intended use and purpose. The Defect exists in all Intel x86-64x CPUs manufactured since at least 2008. The x86-64x CPU is, and was, utilized in the majority of all desktop, laptop computers, and servers in the United States. To date, Defendant has been unable or unwilling to repair the Defect or offer Plaintiffs and class members a non-defective Intel CPU or reimbursement for the cost of such CPU and the consequential damages arising from the purchase and use of such CPUs. Indeed, there does not appear to be a true "fix" for the Defect. The security "patch," while expected to cure the security vulnerabilities, will dramatically degrade the CPU's performance. Therefore, the only "fix" would be to exchange the defective x86- 64x processor with a device containing a processor not subject to this security vulnerability. In essence, Intel x86-64x CPU owners are left with the unappealing choice of either purchasing a new processor or computer containing a CPU that does not contain the Defect, or continuing to use a computer with massive security vulnerabilities or one with significant performance degradation. The CPUs Defendant manufactured and sold to Plaintiffs and Class members were not merchantable and were not fit for the ordinary and particular purposes for which such goods are used in that the CPUs suffer from a critical security defect, requiring an OS- level software patch that will degrade the performance of the CPU. Plaintiffs and class members suffered injury in fact and a loss of money or property as a result of Defendant's conduct in designing, manufacturing, distributing and selling defective CPUs. Intel has failed to remedy this harm, and has earned and continues to earn substantial profit from selling defective CPUs.[BN] Attorneys for Plaintiffs and the proposed class: William J. Doyle II, Esq. Chris W. Cantrell, Esq. DOYLE APC 550 West B St., 4th Floor San Diego, CA 92101 Telephone: (619) 736 0000 Facsimile: (619) 736 1111 E-mail: bill@doyleapc.com chris@doyleapc.com - and - J. Gerard Stranch, IV, Esq. Benjamin A. Gastel, Esq. BRANSTETTER, STRANCH & JENNINGS, PLLC 223 Rosa L. Parks Avenue, Suite 200 Nashville, TN 37203 Telephone: (615) 254 8801 Facsimile: (615) 255 5419 E-mail: gerards@bsjfirm.com beng@bsjfirm.com INTEL CORP: Murphy & Grunloh Sue over CPU Security Defect --------------------------------------------------------- KYLE MURPHY and TIMOTHY GRUNLOH, on behalf of themselves and all others similarly situated, the Plaintiffs, v. INTEL CORPORATION, the Defendant, Case No. 2:18-cv-02009-CSB-EIL (C.D. Ill., Jan. 5, 2018), seeks to recover damages as a result of Defendant's conduct in designing, manufacturing, distributing and selling defective core processor unit. The case is a class action against Intel on behalf of all persons who purchased a defective Intel core processor unit ("CPU"). According to the complaint, Intel's x86-64x CPUs suffer from a security defect, which causes the CPUs to be exposed to troubling security vulnerabilities by allowing potential access to extremely secure kernel data. The only way to "patch" this vulnerability requires extensive changes to the root levels of the Operating System, which dramatically reduces the performance of the CPU. The Defect renders the Intel x86-64x CPUs unfit for their intended use and purpose. The Defect exists in all Intel x86-64x CPUs manufactured since at least 2008. The x86-64x CPU is, and was, utilized in the majority of all desktops, laptops, and servers in the United States. To date, Defendant has been unable or unwilling to repair the Defect or offer Plaintiffs and class members a non-defective Intel CPU or reimbursement for the cost of such CPU and the consequential damages arising from the purchase and use of such CPUs. Indeed, there does not appear to be a true "fix" for the Defect. The security "patch," while expected to cure the security vulnerabilities, will dramatically degrade the CPUs' performance. Therefore, the only "fix" would be to exchange the defective x86-64x processor with a device containing a processor not subject to this security vulnerability. In essence, Intel x86-64x CPU owners are left with the unappealing choice of either purchasing a new processor or computer containing a CPU that does not contain the Defect, or continuing to use a computer with massive security vulnerabilities or one with significant performance degradation. The CPUs that Intel manufactured and sold to Plaintiffs and Class members were not merchantable and were not fit for the ordinary and particular purposes for which such goods are used in that the CPUs suffer from a critical security defect, requiring an OS- level software patch that will degrade the performance of the CPU. Having purchased a CPU that suffers from this Defect, Plaintiffs and Class members suffered injury in fact and a loss of money or property, Intel has failed to remedy this harm, and has earned and continues to earn substantial profit from selling defective CPUs. Intel Corporation is an American multinational corporation and technology company headquartered in Santa Clara, California.[BN] The Plaintiffs represented by: Vess A. Miller, Esq. Irwin B. Levin, Esq. Richard E. Shevitz, Esq. Vess A. Miller, Esq. Lynn A. Toops, Esq. COHEN & MALAD, LLP One Indiana Square, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 636 6481 Facsimile: (317) 636 2593 E-mail: ilevin@cohenandmalad.com rshevitz@cohenandmalad.com vmiller@cohenandmalad.com ltoops@cohenandmalad.com INTEL CORP: Rinn and Cappelli Sue over CPU Security Defect ---------------------------------------------------------- EDWARD RINN and RENO CAPPELLI, on behalf of themselves and all others similarly situated, the Plaintiffs, v. INTEL CORPORATION, the Defendant, Case No. 5:18-cv-00111-HRL (N.D. Cal., Jan. 5, 2018), seeks to recover damages as a result of Defendant's conduct in designing, manufacturing, distributing and selling defective core processor unit. The case is a class action against Intel on behalf of all persons who purchased a defective Intel core processor unit ("CPU"). According to the complaint, Intel's x86-64x CPUs suffer from a security defect, which causes the CPUs to be exposed to troubling security vulnerabilities by allowing potential access to extremely secure kernel data. The only way to "patch" this vulnerability requires extensive changes to the root levels of the Operating System, which dramatically reduces the performance of the CPU. The Defect renders the Intel x86-64x CPUs unfit for their intended use and purpose. The Defect exists in all Intel x86-64x CPUs manufactured since at least 2008. The x86-64x CPU is, and was, utilized in the majority of all desktops, laptops, and servers in the United States. To date, Defendant has been unable or unwilling to repair the Defect or offer Plaintiffs and class members a non-defective Intel CPU or reimbursement for the cost of such CPU and the consequential damages arising from the purchase and use of such CPUs. Indeed, there does not appear to be a true "fix" for the Defect. The security "patch," while expected to cure the security vulnerabilities, will dramatically degrade the CPUs' performance. Therefore, the only "fix" would be to exchange the defective x86-64x processor with a device containing a processor not subject to this security vulnerability. In essence, Intel x86-64x CPU owners are left with the unappealing choice of either purchasing a new processor or computer containing a CPU that does not contain the Defect, or continuing to use a computer with massive security vulnerabilities or one with significant performance degradation. The CPUs that Intel manufactured and sold to Plaintiffs and Class members were not merchantable and were not fit for the ordinary and particular purposes for which such goods are used in that the CPUs suffer from a critical security defect, requiring an OS- level software patch that will degrade the performance of the CPU. Having purchased a CPU that suffers from this Defect, Plaintiffs and Class members suffered injury in fact and a loss of money or property, Intel has failed to remedy this harm, and has earned and continues to earn substantial profit from selling defective CPUs. Intel Corporation is an American multinational corporation and technology company headquartered in Santa Clara, California.[BN] The Plaintiffs are represented by: Rachele R. Rickert, Esq. Marisa C. Livesay, Esq. WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 750 B Street, Suite 2770 San Diego, CA 9210 Telephone: 619/239-4599 Facsimile: 619/234-4599 E-mail: rickert@whafh.com livesay@whafh.com - and - Gregory M. Nespole, Esq. Randall S. Newman, Esq. Janine L. Pollack, Esq. Kate Mcguire, Esq. WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 270 Madison Avenue New York, NY 10016 Telephone: (212) 545 4600 Facsimile: (212) 545 4677 E-mail: GMN@whafh.com pollack@whafh.com newman@whafh.com mcguire@whafh.com JACKSON WELL: "Walker" Suit Seeks Overtime Pay under FLSA --------------------------------------------------------- DYLAN WALKER, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. JACKSON WELL SERVICES, LLC, the Defendant, Case No. 7:18-cv-00003 (W.D. Tex., Jan. 5, 2018), seeks to recover overtime pay for hours worked under the Fair Labor Standards Act. According to the complaint, the Defendant required Plaintiff to work more that 40 hours in a work week as a flowback operator. The Plaintiff is a former employee of Defendant who performed work related to oil and gas wells serviced by Defendant. The Defendant misclassified Plaintiff as an independent contractor and as such paid him a flat weekly rate for his substantial regular and overtime hours. Defendant also misclassifies other flowback operators and similar employees as independent contractors across the country and likewise denied them their proper overtime compensation. The Defendant's conduct violates, which requires non-exempt employees to be compensated for all hours in excess of forty in a workweek at one and one-half times their regular rate.[BN] The Plaintiff is represented by: Beatriz-Sosa Morris, Esq. SOSA-MORRIS NEUMAN, PLLC 5612 Chaucer Drive Houston, Texas 77005 Telephone: (281) 885 8844 Facsimile: (281) 885 8813 E-mail: BSosaMorris@smnlawfirm.com JOHN BEAN: Fails to Pay Minimum & Overtime Wages, Manoukian Says ---------------------------------------------------------------- KEVORK MANOUKIAN, on behalf of himself and others similarly situated, the Plaintiff, v. JOHN BEAN TECHNOLOGIES CORPORATION a Delaware Corporation; MIGUEL VILLAS, an individual; and DOES 1-20, inclusive, BEAN TECHNOLOGIES, the Defendant, Case No. BC688700 (Cal. Super. Ct., Jan. 1, 2018), seeks to recover overtime wages and minimum wage under the California Labor Code. The Defendants maintain a single, centralized Human Resources department, which is responsible for collecting and processing all new hire paperwork, and communicating and implementing Defendants' company-wide policies to employees throughout California. The Defendants maintain a centralized payroll department, which processes payroll for all non-exempt, hourly-paid employees working for Defendants at their various locations in California, including Plaintiff and class members. The Defendants issued the same formatted wage statements to all nonexempt employees in California, irrespective of their work location. The Defendants process payroll for departing employees in the same manner throughout the State of California, regardless of the manner in which each employee's employment ends. The Defendants continue to employ non-exempt, hourly-paid employees throughout. The Plaintiff alleges that Defendants were advised by skilled lawyers and other professionals, employees and advisors knowledgeable about California labor and wage law, employment and personnel practices, and about the requirements of California law.[BN] The Plaintiff is represented by: Daniel Srourian, Esq. SROURIAN LAW FIRM 3435 Wilshire Blvd., Suite 1710 Los Angeles, CA 90010 Telephone: (310) 601 3131 Facsimile: (310) 388 8444 E-mail: daniel@slfla.com JT CLEARY: Sued Over Failure to Pay for Construction Materials -------------------------------------------------------------- Lally Pipe & Tube, a division of LB Industries, Inc., on behalf of itself and others similarly situated v. J.T. Cleary Inc., New York City Department of Environmental Protection, James Cleary, "John Doe" and "James Roe," Case No. 523726/2017 (N.Y. Sup. Ct., December 8, 2017), is brought against the Defendants for failure to pay Lally Pipe $41,566.32 for the required construction materials provided for the renovation of the Owls Head Wastewater Treatment Plant located at 6700 Shore Road, Brooklyn, New York 11220. J.T. Cleary Inc. operates a turn-key marine construction service company located at 100 Red Schoolhouse Road A-12, Chestnut Ridge, New York 10977. New York City Department of Environmental Protection is a department of the City of New York, a municipal corporation, with principal offices located at 59-17 Junction Boulevard, 13th Floor, Flushing, New York 11373. [BN] The Plaintiff is represented by: Kevin M. Cox, Esq. CAMARDO LAW FIRM, PC 127 Genesee Street Auburn, NY 13021 Telephone: (315)252-3846 Facsimile: (315) 252-3508 E-mail: KevinCox@Camardo.com LINCOLN ELECTRIC: "Roby" Suit Seeks Minimum & OT Wages ------------------------------------------------------ ERIC ROBY, 17691 Stocking Road, Madison, Ohio, 44057, On behalf of himself and all others similarly situated, the Plaintiff, v. THE LINCOLN ELECTRIC COMPANY, 22801 St. Clair Avenue, Euclid, Ohio 44117, the Defendants, Case No. 1:18-cv-00006-DCN (N.D. Ohio, Jan. 1, 2018), seeks to recover minimum wage and overtime wage under the Fair Labor Standards Act. Roby is employed by Lincoln Electric as an Operator. He began his employment with Lincoln Electric on or about February 13, 1998. He is paid a piece rate for all time recorded by Lincoln as compensable work time. He regularly worked in excess of 40 hours in a given week; He regularly worked in excess of 38.35 hours in a given week. According to the complaint, while Roby was paid overtime at the rate of time-and-one-half for all time recorded by Lincoln Electric as time worked over 40 hours in a given week, as a result of the unlawful pay practices common to putative class, Roby was not paid overtime at the rate of time-and-one-half for all overtime worked. Lincoln Electric is an American multinational and a global manufacturer of welding products, arc welding equipment, welding consumables, plasma and oxy-fuel cutting equipment and robotic welding systems.[BN] The Plaintiff is represented by: Chris P. Wido, Esq. THE SPITZ LAW FIRM, LLC 25200 Chagrin Boulevard, Suite 200 Beachwood, OH 44122 Telephone: (216) 291 4744 Facsimile: (216) 291 5744 E-mail: chris.wido@spitzlawfirm.com MASTER DEVELOPMENT: "Zumba" Suit Seeks Unpaid Overtime under FLSA ----------------------------------------------------------------- RAUL VINICIO PINTADO ZUMBA, individually and on behalf of others similarly situated, the Plaintiff, v. JOHN DOE INC. (d/b/a MASTER DEVELOPMENT), MASTER DEVELOPMENT, INC. (d/b/a MASTER DEVELOPMENT), and ROSS RAMSAY, the Defendants, Case No. (S.D. Fla., Jan. 1, 2018), seeks to recover unpaid overtime wages under the Fair Labor Standards Act of 1938. The Defendants own, operate, or control construction companies, located at 1541 Williamsbridge Road, Apt 3K, Bronx, New York 10461 under the name Master Development." According to the complaint, the Plaintiff was an employee of Defendants. The Plaintiff Pintado was employed as a construction worker at the construction corporations located at 1541 Williamsbridge Road. The Plaintiff worked for Defendants in excess of 40 hours per week, without appropriate overtime compensation for the hours that he worked. Rather, Defendants failed to maintain accurate recordkeeping of the hours worked and failed to pay Plaintiff Pintado appropriately for any hours worked, either at the straight rate of pay or for any additional overtime premium. The Defendants maintained a policy and practice of requiring Plaintiff and other employees to work in excess of 40 hours per week without providing the overtime compensation required by federal and state law and regulations.[BN] The Plaintiff is represented by: MICHAEL FAILLACE & ASSOCIATES, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Telephone: (212) 317 1200 Facsimile: (212) 317 1620 MDL 2800: "Coade-Wingate" Suit vs Equifax Moved to N.D. Ga. ----------------------------------------------------------- The class action lawsuit titled Mona Coade-Wingate, on behalf of herself and all others similarly situated, the Plaintiff, v. Equifax, Inc. and Equifax Information Services LLC, the Defendants, Case No. 1:17-cv-01136, was transferred from the U.S. District Court for the Northern District of New York, to the U.S. District Court for the Northern District of Georgia (Atlanta) MDL 2800, on Dec. 28, 2017. The Georgia Northern District Court Clerk assigned Case No. 1:18-cv-00001-TWT to the proceeding. The case is assigned to the Hon. Judge Thomas W. Thrash, Jr. The lead case is Case No. 1:17-cv-05004-TWT. Equifax Inc. is a consumer credit reporting agency. Equifax collects and aggregates information on more than 800 million individual consumers and 88 million businesses worldwide.[BN] MDL 2800: "Minka" Suit vs Equifax Transferred to N.D. Georgia ------------------------------------------------------------- The class action lawsuit titled JACQUELINE MINKA, BRYAN MINKA, SHAYNA SPIVAK, and CHARLES DERR, INDIVIDUALLY, AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, the Plaintiffs, v. Equifax Information Services, Inc., the Defendants, Case No. 2:17-cv- 04205, was transferred from the U.S. District Court for the Eastern District of Pennsylvania, to the U.S. District Court for the Northern District of Georgia (Atlanta), on Jan. 3, 2018. The Northern District of Georgia Court Clerk assigned Case No. 1:18- cv-00039-TWT to the proceeding. The case is assigned to the Hon. Judge Thomas W. Thrash, Jr. The lead case is Case No. 1:17-cv- 05004-TWT. Equifax Inc. is a consumer credit reporting agency. Equifax collects and aggregates information on more than 800 million individual consumers and 88 million businesses worldwide.[BN] The Plaintiffs are represented by: Charles Kocher, Esq. SALTZ, MONGELUZZI, BARRETT & BENDESKY, PC One Liberty Place, 52nd Floor 1650 Market Street Philadelphia, PA 19103 Telephone: (215) 575 3986 Facsimile: (215) 575 3894 The Defendant is represented by: Vincent M. Roskovensky, Esq. Clark Hill PLC One Oxford Centre, 14th Floor 301 Grant Street Pittsburgh, PA 15219 Telephone: (412) 394 7716 Facsimile: (412) 394 2555 MDL 2800: "Blake" Suit vs Equifax Transferred to N.D. Georgia ------------------------------------------------------------- The class action lawsuit titled DANIEL BLAKE, MELISSA SPOSITI MICHAEL SPOSITI, and DAVID LINKER, individually and on behalf of all others similarly situated, the Plaintiffs, v. Equifax, Inc. and Equifax Credit Information Services, the Defendants, Case No. 1:17-cv-07121, was transferred from the U.S. District Court for the District of New Jersey, to the U.S. District Court for the Northern District of Georgia (Atlanta), on Jan. 3, 2018. The Northern District of Georgia Court Clerk assigned Case No. 1:18- cv-00040-TWT to the proceeding. The case is assigned to the Hon. Judge Thomas W. Thrash, Jr. The lead case is Case No. 1:17-cv- 05004-TWT. Equifax Inc. is a consumer credit reporting agency. Equifax collects and aggregates information on more than 800 million individual consumers and 88 million businesses worldwide.[BN] The Plaintiff is represented by: Esther Eva Berezofsky, Esq. BEREZOFSKY LAW GROUP, LLC Woodland Falls Corporate Center 210 Lake Drive East, Suite 101 Cherry Hill, NJ 08002-1163 Telephone: (856) 667 0500 Facsimile: (856) 667 5133 MDL 2800: "Kohn" Suit vs Equifax Transferred to N.D. Georgia ------------------------------------------------------------ The class action lawsuit titled Robert Kohn, Susan Kohn, and Mark Isacoff, on behalf of themselves and all others similarly situated, the Plaintiffs, v. Equifax Inc. and Equifax Information Services, LLC, the Defendants, Case No. 1:17-cv-07257, was transferred from the U.S. District Court for the District of New Jersey, to the U.S. District Court for the Northern District of Georgia (Atlanta), on Jan. 3, 2018. The Northern District of Georgia Court Clerk assigned Case No. 1:18-cv-00041-TWT to the proceeding. The case is assigned to the Hon. Judge Thomas W. Thrash, Jr. The lead case is Case No. 1:17-cv-05004-TWT. Equifax Inc. is a consumer credit reporting agency. Equifax collects and aggregates information on more than 800 million individual consumers and 88 million businesses worldwide.[BN] The Plaintiff is represented by: David S. Stone, Esq. Jason Scott Kanterman, Esq. STONE & MAGNANINI LLP 100 Connell Drive, Suite 2200 Berkeley Heights, NJ 07922 Telephone: (973) 218 1111 - and - Julio C. Gomez, Esq. Robert A. Magnanini, Esq. GOMEZ LLC The Sturcke Building 111 Quimby Street, Suite 8 Westfield, NJ 07090 Telephone: (908) 789 1080 Facsimile: (908) 789 1081 The Defendants are represented by: Scott B. Galla, Esq. CLARK HILL PLC -PA One Commerce Square 2005 Market Street, Suite 1000 Philadelphia, PA 19103 Telephone: (215) 640 8500 Facsimile: (215) 640 8501 - and - Joann Needleman, Esq. CLARK HILL PLC One Commerce Square 2005 Market Street, Suite 1000 Philadelphia, PA 19103 Telephone: (215) 640 8536 Facsimile: (215) 640 8501 MDL 2800: "Woods" Suit vs Equifax Transferred to N.D. Georgia ------------------------------------------------------------- The class action lawsuit titled Samantha Woods and Joshua Woods, Individually and on behalf of all others similarly situated, the Plaintiff, v. Equifax, Inc. and Equifax Information Services LLC, the Defendants, Case No. 4:17-cv-00660, was transferred from the U.S. District Court for the Eastern District of Texas, to the U.S. District Court for the Northern District of Georgia (Atlanta), on Jan. 3, 2018. The Northern District of Georgia Court Clerk assigned Case No. 1:18-cv-00023-TWT to the proceeding. The case is assigned to the Hon. Judge Thomas W. Thrash, Jr. The lead case is Case No. 1:17-cv-05004-TWT. Equifax Inc. is a consumer credit reporting agency. Equifax collects and aggregates information on more than 800 million individual consumers and 88 million businesses worldwide.[BN] The Plaintiffs are represented by: Jason L. Nabors, Esq. SMITH. PHILLIPS, MITCHELL & SCOTT P.O. Box 1586 Batesville, MS 38606 Telephone: (662) 563 4613 - and - Stephen C Maxwell, Esq. Shane Fredrick Langston, Esq. BAILEY & GALYEN 1300 Summitt Avenue, Suite 650 Fort Worth, TX 76102 Telephone: (817) 417 9660 Facsimile: (817) 719 9484 MDL 2800: "Cole" Suit vs Equifax Moved to N.D. Georgia ------------------------------------------------------ The class action lawsuit titled Shirley M. Cole and Sandra Barrett, on behalf of herself and all others similarly situated, the Plaintiffs, v. Equifax, Inc. and Equifax Information Services, LLC, Defendants, Case No. 5:17-cv-00223, was transferred from the U.S. District Court for the District of Vermont, to the U.S. District Court for the Northern District of Georgia (Atlanta) MDL 2800, on Jan. 3, 2018. The Northern District of Georgia Court Clerk assigned Case No. 1:18-cv-00046- TWT to the proceeding. The case is assigned to the Hon. Judge Thomas W. Thrash, Jr. The lead case is Case No. 1:17-cv-05004- TWT. Equifax Inc. is a consumer credit reporting agency. Equifax collects and aggregates information on more than 800 million individual consumers and 88 million businesses worldwide.[BN] The Plaintiffs are represented by: Kevin Sharp, Esq. SANFORD HEISLER SHARP, LLP 611 Commerce St., Suite 3100 Nashville, TN 97203 Telephone: (615) 434 7001 Facsimile: (615) 434 7020 MDL 2800: "Feehrer" Suit vs Equifax Transferred to N.D. Georgia --------------------------------------------------------------- The class action lawsuit titled WESLEY FEEHRER and PETER MALVASI, individually and on behalf of all others similarly situated, the Plaintiffs, v. Equifax, Inc., the Defendant, Case No. 1:17-cv- 07803, was transferred from the U.S. District Court for the District of New Jersey, to the U.S. District Court for the Northern District of Georgia (Atlanta), on Jan. 3, 2018. The Northern District of Georgia Court Clerk assigned Case No. 1:18- cv-00045-TWT to the proceeding. The case is assigned to the Hon. Judge Thomas W. Thrash, Jr. The lead case is Case No. 1:17-cv- 05004-TWT. Equifax Inc. is a consumer credit reporting agency. Equifax collects and aggregates information on more than 800 million individual consumers and 88 million businesses worldwide.[BN] The Plaintiffs are represented by: Joseph R. Santoli, Esq. 340 Devon Court Ridgewood, NJ 07450 Telephone: (201) 926 9200 - and - Olimpio Lee Squitieri, Esq. SQUITIERI & FEARON 521 Fifth Avenue, 26th Floor New York, NY 10175 Telephone: (646) 487 3049 The Defendant is represented by: Scott B. Galla, Esq. Joann Needleman, Esq. CLARK HILL PLC -PA One Commerce Square 2005 Market Street, Suite 1000 Philadelphia, PA 19103 Telephone: (215) 640 8500 Facsimile: (215) 640 8501 MDL 2800: "Gottlieb" Suit vs Equifax Transferred to N.D. Georgia ---------------------------------------------------------------- The class action lawsuit titled MARK GOTTLIEB and FRANK J BRUSH individually and on behalf of all others similarly situated, the Plaintiff, v. Equifax, Inc., the Defendant, Case No. 1:17-cv- 07615, was transferred from the U.S. District Court for the District of New Jersey, to the U.S. District Court for the Northern District of Georgia (Atlanta), on Jan. 3, 2018. The Northern District of Georgia Court Clerk assigned Case No. 1:18- cv-00044-TWT to the proceeding. The case is assigned to the Hon. Judge Thomas W. Thrash, Jr. The lead case is Case No. 1:17-cv- 05004-TWT. Equifax Inc. is a consumer credit reporting agency. Equifax collects and aggregates information on more than 800 million individual consumers and 88 million businesses worldwide.[BN] The Plaintiffs are represented by: Neil Grossman, Esq. BRONSTEIN, GEWIRTZ & GROSSMAN 144 North Beverwyck Road, No. 187 Lake Hiawatha, NJ 07034 Telephone: (973) 335 6409 The Defendant is represented by: Scott B. Galla, Esq. Joann Needleman, Esq. CLARK HILL PLC -PA One Commerce Square 2005 Market Street, Suite 1000 Philadelphia, PA 19103 Telephone: (215) 640 8500 Facsimile: (215) 640 8501 MDL 2800: "Cho" Suit vs Equifax Transferred to N.D. Georgia ----------------------------------------------------------- The class action lawsuit titled, Grace Cho, on behalf of herself and all others similarly situated, the Plaintiff, v. Equifax, Inc. and Does 1 through 10, inclusive, the Plaintiff, v. Equifax, Inc., the Defendant, Case No. 2:17-cv-08548, was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the Northern District of Georgia (Atlanta) MDL 2800, on Jan. 3, 2018. The Northern District of Georgia Court Clerk assigned Case No. 1:18-cv-00032-TWT to the proceeding. The case is assigned to the Hon. Judge Thomas W. Thrash, Jr. The lead case is Case No. 1:17-cv-05004-TWT. Equifax Inc. is a consumer credit reporting agency. Equifax collects and aggregates information on more than 800 million individual consumers and 88 million businesses worldwide.[BN] MDL 2800: "Cuevas" Suit vs Equifax Moved to N.D. Georgia -------------------------------------------------------- The class action lawsuit titled, Maricela Cuevas, individually and on behalf of all others similarly situated, the Plaintiff, v. Equifax, Inc., a Georgia corporation, and Does 1 through 100, inclusive, the Defendants, the Plaintiff, v. Equifax, Inc., the Defendants, Case No. 2:17-cv-08604, was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the Northern District of Georgia (Atlanta) MDL 2800, on Jan. 3, 2018. The Northern District of Georgia Court Clerk assigned Case No. 1:18-cv-00033-TWT to the proceeding. The case is assigned to the Hon. Judge Thomas W. Thrash, Jr. The lead case is Case No. 1:17-cv-05004-TWT. Equifax Inc. is a consumer credit reporting agency. Equifax collects and aggregates information on more than 800 million individual consumers and 88 million businesses worldwide.[BN] The Plaintiff is represented by: Thomas V. Girardi, Esq. Christopher T. Aumais, Esq. GIRARDI & KEESE 1126 Wilshire Boulevard Los Angeles, CA 90017 Telephone: (213) 489 5330 Facsimile: (213) 481 1554 E-mail: tgirardi@girardikeese.com caumais@girardikeese.com The Defendant is represented by: John R Lawless, Jr., Esq. KING AND SPALDING LLP 633 West Fifth Street, Suite 1700 Los Angeles, CA 90071 Telephone: (213) 443 4355 Facsimile: (213) 443 4310 MDL 2800: "Dela Cruz vs Equifax Transferred to N.D. Georgia ----------------------------------------------------------- The class action lawsuit titled Monique Dela Cruz, individually and as the representative of class of similarly situated persons, the Plaintiff, v. Equifax, Inc., a Georgia Corporation, and Does 1 through 50, inclusive, the Defendants, Case No. 8:17-cv-02084, was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the Northern District of Georgia (Atlanta) MDL 2800, on Jan. 3, 2018. The Northern District of Georgia Court Clerk assigned Case No. 1:18-cv-00034-TWT to the proceeding. The case is assigned to the Hon. Judge Thomas W. Thrash, Jr. The lead case is Case No. 1:17- cv-05004-TWT. Equifax Inc. is a consumer credit reporting agency. Equifax collects and aggregates information on more than 800 million individual consumers and 88 million businesses worldwide.[BN] The Defendant is represented by: John R Lawless, Jr., Esq. KING AND SPALDING LLP 633 West Fifth Street, Suite 1700 Los Angeles, CA 90071 Telephone: (213) 443 4355 Facsimile: (213) 443 4310 MDL 2800: "O'Neill" Suit vs Equifax Transferred to N.D. Georgia --------------------------------------------------------------- The class action lawsuit titled MICHELLE O'NEILL, MICHELLE A. VIVANZ, and TOMMIE INGRAM, on behalf of herself and all others similarly situated, the Plaintiff, v. Equifax, Inc. and Equifax Information Services LLC, the Defendants, Case No. 1:17-cv-07284, was transferred from the U.S. District Court for the District of New Jersey, to the U.S. District Court for the Northern District of Georgia (Atlanta), on Jan. 3, 2018. The Northern District of Georgia Court Clerk assigned Case No. 1:18-cv-00043-TWT to the proceeding. The case is assigned to the Hon. Judge Thomas W. Thrash, Jr. The lead case is Case No. 1:17-cv-05004-TWT. Equifax Inc. is a consumer credit reporting agency. Equifax collects and aggregates information on more than 800 million individual consumers and 88 million businesses worldwide.[BN] The Plaintiffs are represented by: David H. Tracey, Esq. SANFORD HEISLER KIMPEL LLP 1350 Avenue of the Americas, 31st Floor New York, NY 10019 Telephone: (646) 402 5667 MDL 2800: "Bethea" Suit vs Equifax Moved to N.D. Georgia -------------------------------------------------------- The class action lawsuit titled Candice Bethea, Christopher Zarpas, Michael Pugh, Kathryn Bledsoe, Marilyn Bledsoe, Matthew Bledsoe, Susan Chandler, David Batten, Robert Cornett, and David Wood, on behalf of themselves and others similarly situated, the Plaintiffs, v. Equifax, Inc.; Equifax Information Services LLC; and Equifax Consumer Services, LLC, the Defendants, Case No. 3:17-cv-00648, was transferred from the U.S. District Court for the Eastern District of Virginia, to the U.S. District Court for the Northern District of Georgia (Atlanta) MDL 2800, on Jan. 4, 2018. The Northern District of Georgia Court Clerk assigned Case No. 1:18-cv-00055-TWT to the proceeding. The case is assigned to the Hon. Judge Thomas W. Thrash, Jr. The lead case is Case No. 1:17-cv-05004-TWT. Equifax Inc. is a consumer credit reporting agency. Equifax collects and aggregates information on more than 800 million individual consumers and 88 million businesses worldwide.[BN] The Plaintiffs are represented by: Leonard A. Bennett, Esq. Elizabeth Wilson Hanes, Esq. Matthew J. Erausquin, Esq. CONSUMER LITIGATION ASSOCIATES, P.C.-NN VA 763 J Clyde Morris Blvd., Suite 1-A Newport News, VA 23601 Telephone: (757) 930 3660 Facsimile: (757) 930 3662 E-mail: lenbennett@clalegal.com matt@clalegal.com The Defendants are represented by: Sidney Stewart Haskins, II, Esq. Zachary Andrew McEntyre, Esq. KING & SPALDING LLP - ATL 1180 Peachtree Street, NE Atlanta, GA 30309-3521 Telephone: (404) 572 4600 Facsimile: (404) 572 5100 E-mail: shaskins@kslaw.com zmcentyre@kslaw.com MDL 2800: "Whipper" Suit vs Equifax Transferred to N.D. Georgia --------------------------------------------------------------- The class action lawsuit titled LESLIE WHIPPER, ROBERTA SERAFINE, Donald Young, DONALD K. SHEARER, and CARL DAVID, on behalf of themselves and all others similarly situated, the Plaintiffs, v. Equifax, Inc., Equifax Credit Information Services, Inc., and Equifax Information Services LLC, the Defendants, Case No. 1:17- cv-00248, was transferred from the U.S. District Court for the Western District of Pennsylvania, to the U.S. District Court for the Northern District of Georgia (Atlanta), on Jan. 4, 2018. The Northern District of Georgia Court Clerk assigned Case No. 1:18- cv-00056-TWT to the proceeding. The case is assigned to the Hon. Judge Thomas W. Thrash, Jr. The lead case is Case No. 1:17-cv- 05004-TWT. Equifax Inc. is a consumer credit reporting agency. Equifax collects and aggregates information on more than 800 million individual consumers and 88 million businesses worldwide.[BN] The Plaintiffs are represented by: Andrew Melzer, Esq. Jeremy Heisler, Esq. Kevin Sharp, Esq. Saba Bireda, Esq. SANFORD HEISLER SHARP, LLP-NY 1350 Avenue of Americans, 31st Floor New York, NY 10019 Telephone: (646) 402 5650 Facsimile: (646) 402 5651 E-mail: amelzer@sanfordheisler.com jheisler@sanfordheisler.com MDL 2804: Sheet Metal Workers' Suit Consolidated in Ohio -------------------------------------------------------- The class action lawsuit titled Sheet Metal Workers Local No. 25 Health and Welfare Fund ON BEHALF OF ITSELF AND ALL OTHERS SIMILARLY SITUATED, the Plaintiff, v. Purdue Pharma L.P.; Purdue Pharma Inc.; The Purdue Frederick Company, Inc.; TEVA Pharmaceuticals USA, Inc.; Johnson & Johnson Janssen Pharmaceuticals, Inc.; Ortho-Mcneil-Janssen Pharmaceuticals Inc. also known as: Janssen Pharmaceuticals, Inc.; Janssen Pharmaceutical Inc., also known as: Janssen Pharmaceuticals, Inc.; Endo Health Solutions Inc.; Endo Pharmaceuticals Inc.; Watson Pharmaceuticals, Inc.; also known as: Actavis Inc.; Watson Laboratories Inc.; Actavis LLC; Actavis Pharma, Inc.; formerly known as: Watson Pharma, Inc.; and Cephalon Inc., the Defendants, Case No. 2:17-cv-05079, was transferred from the U.S. District Court for the Eastern District of Pennsylvania, to the U.S. District Court for the Northern District of Ohio (Cleveland) on Jan. 4, 2018. The Northern District of Ohio Court Clerk assigned Case No. 1:18-op-45002-DAP to the proceeding. The Sheet Metal case is being consolidated with MDL 2804 in re: National Prescription Opiate Litigation. The MDL was created by Order of the United States Judicial Panel on Multidistrict Litigation on December 5, 2017. In its December 5, 2017 Order, the MDL Panel says, "After considering the argument of counsel, we find that the actions in this litigation involve common questions of fact, and that centralization in the Northern District of Ohio will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. Plaintiffs in the actions are cities, counties and states that allege that: (1) manufacturers of prescription opioid medications overstated the benefits and downplayed the risks of the use of their opioids and aggressively marketed (directly and through key opinion leaders) these drugs to physicians, and/or (2) distributors failed to monitor, detect, investigate, refuse and report suspicious orders of prescription opiates. All actions involve common factual questions about, inter alia, the manufacturing and distributor defendants' knowledge of and conduct regarding the alleged diversion of these prescription opiates, as well as the manufacturers' alleged improper marketing of such drugs. Both manufacturers and distributors are under an obligation under the Controlled Substances Act and similar state laws to prevent diversion of opiates and other controlled substances into illicit channels. Plaintiffs assert that defendants have failed to adhere to those standards, which caused the diversion of opiates into their communities. Plaintiffs variously bring claims for violation of RICO statutes, consumer protection laws, state analogues to the Controlled Substances Act, as well as common law claims such as public nuisance, negligence, negligent misrepresentation, fraud and unjust enrichment." Presiding Judges in the MDL is Hon. Judge Dan Aaron Polster. The lead case is 1:17-md-02804-DAP.[BN] The Plaintiff is represented by: Roberta D. Liebenberg, Esq. Adam Pessin, Esq. FINE, KAPLAN & BLACK One South Broad Street, Ste. 2300 Philadelphia, PA 19107 Telephone: (215) 567 6565 Facsimile: (215) 568 5872 MDL 2800: "Diaz" Suit vs. Equifax Transferred to N.D. Georgia ------------------------------------------------------------- The class action lawsuit titled, Ernesto Diaz, individually and on behalf of all others similarly situated, the Plaintiff, v. Equifax, Inc., the Defendant, Case No. 7:17-cv-08175, was transferred from the U.S. District Court for the Southern District of New York, to the U.S. District Court for the Northern District of Georgia (Atlanta), on Jan. 5, 2017. The Northern District of Georgia Court Clerk assigned Case No. 1:18-cv-00082- TWT to the proceeding. The case is assigned to the Hon. Judge Thomas W. Thrash, Jr. The lead case is Case No. 1:17-cv-05004- TWT. Equifax Inc. is a consumer credit reporting agency. Equifax collects and aggregates information on more than 800 million individual consumers and 88 million businesses worldwide.[BN] MENARD INC: "Astarita" Suit Seeks to Certify Employee Class ----------------------------------------------------------- In the lawsuit styled ALBERT J. ASTARITA, individually, and on behalf of all others similarly situated, the Plaintiff, v. MENARD, INC. d/b/a MENARDS, the Defendant, Case No. 5:17-cv- 06151-RK (W.D. Mo.), the Plaintiff asks the Court to enter an Order: a. conditionally certifying a class of: "all persons currently and formerly employed by Defendant in hourly, non-exempt positions within the United States who participated in Defendant's In-Home Training Program at any time during the last three years"; b. appointing Plaintiff Albert J. Astarita as class representative; c. appointing McClelland Law Firm, P.C. as class counsel; d. directing Defendant to produce information for all proposed Class members in an electronic and importable format (e.g., Microsoft Excel document) within 10 days of the Court's Order granting this motion: (1) full name; (2) last known address; (3) last known phone number(s); (4) last known e- mail address; (5) dates of employment; (6) location(s) of employment; and (7) last four digits of their social security number; e. requiring that notice be mailed via first-class mail and electronic mail to such persons within 45 days of the Court's Order granting this motion; f. requiring the posting of notice of the pending suit in conspicuous locations at Defendant's stores where putative class members are employed (including lunch room bulletin boards or bulletin boards where job notices are posted) during the opt-in period; g. allowing a reminder postcard or electronic mail notice to putative class members 30 days before the opt-in deadline; h. directing tolling of the Fair Labor Standards Act's limitations period during the pendency of the briefing period of this motion, for individuals that untimely opt-in to this action to ensure that claims are not lost; i. approving the Notice to Class Members and Consent Form, and setting forth a final date in which the Consent Form must be submitted for those Class members opting in, which should be at least 120 days from the date of this Court's Order conditionally certifying a class and from the date that Defendant produces the required contact information; and j. granting further relief as the Court deems appropriate. The Plaintiff alleges that the Defendant had a policy and practice of failing to pay Plaintiff, and similarly situated employees, overtime wages in violation of the FLSA and Missouri law. Specifically, Defendant failed to pay its employees for time spent participating in Defendant's In-Home Training Program. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=R7QHLWX5 The Plaintiff is represented by: Ryan L. McClelland, Esq. Michael J. Rahmberg, Esq. McCLELLAND LAW FIRM The Flagship Building 200 Westwoods Drive Liberty, MO 64068-1170 Telephone: (816) 781 0002 Facsimile: (816) 781 1984 E-mail: ryan@mcclellandlawfirm.com mrahmberg@mcclellandlawfirm.com MERRYMAN HOTEL: Johnson Sues over Unsafe & Unsanitary Rooms ----------------------------------------------------------- DARLENE JOHNSON, individually and on behalf of all similarly situated persons, and MERRYMAN HOTEL CORPORATION, the Plaintiff, v., as Trustee for Trust No. 31160; and ROBERT T. BERRY, the Defendants, Case No. 2018-CH-00014 (Circuit Ct. of Cook County, Jan. 1, 2018), seeks to recover damages for unsafe & unsanitary room apartment. According to the complaint, the Plaintiff was "disabled" as defined by the Americans with Disabilities Act. As a result of Plaintiff's disability, she is unable to work or be employed in any capacity. The Defendants were aware of Plaintiffs disability. The subject matter property was a single room occupancy ("SRO") building commonly known and/or marketed as "Park Beach Apartments" and/or the "Merryman Hotel." The Defendant in its capacity as Trustee of Trust No. 31160, was the record legal owner of the subject matter property. About April 1, 2016, Plaintiff entered into an oral, month-to- month lease with Defendants for Unit No. 322 at the subject matter property. Plaintiff moved into unit 322 on or about the same day. The Plaintiff experienced all of these unsafe, unsanitary, and uninhabitable conditions in her unit and the common areas of the subject matter property. The Plaintiff repeatedly complained to Defendants regarding these conditions. On multiple occasions during her tenancy, Plaintiff verbally informed Defendants about the existence of toxigenic mold in her unit. On each occasion, several weeks elapsed before Defendants dispatched anyone to respond to Defendants' complaint. On each occasion, Defendants would dispatch a person to spray the mold with an unknown chemical. Chemical took little or no action to remediate or neutralize the mold. The Defendants never tested the mold. Defendants never took any other steps to remediate or remove the mold.[BN] The Plaintiff is represented by: Berton N. Ring, Esq. Sheryl Ring, Esq. BERTON N. RING, P.C. 123 West Madison Street, 15th Floor Chicago, IL 60602 Telephone: (312) 781 0290 MODESTO AREA: Faces "Berry" Suit in E.D. California --------------------------------------------------- A class action lawsuit has been filed against Modesto Area Express Regional Transit. The case is styled as Debra Berry, on behalf of its members and all other similarly situated citizens, Plaintiff v. Modesto Area Express Regional Transit, a Public Transportation Entity, Shelly Reid, individually, and in her official capacity as Modesto Area Express Regional Transit Bus Driver and Michael Keith, individually and in his official capacity as Manager for Modesto Area Express Regional Transit, Defendants, Case No. 1:18-cv-00022-DAD-BAM (E.D. Cal., January 4, 2018). Modesto's paratransit service serves the needs of the disabled and seniors.[BN] The Plaintiff appears PRO SE. MONSANTO COMPANY: Llamas Sues over Sale of Herbicide Roundup ------------------------------------------------------------ MANUEL LLAMAS, the Plaintiff v. MONSANTO COMPANY, the Defendant, Case No. 3:17-cv-07258-VC (E.D. Mo., Dec. 21, 2017), seeks compensatory damages as a result of Plaintiff's use of, and exposure to, Roundup which caused or was a substantial contributing factor in causing Plaintiff to suffer from cancer, specifically NHL, and Plaintiff suffered severe and personal injuries which are permanent and lasting in nature, physical pain and mental anguish, including diminished enjoyment of life. The case is an action for damages suffered by Plaintiff as a direct and proximate result of Defendant's negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, advertising, distribution, labeling, and/or sale of the herbicide Roundup (TM), containing the active ingredient glyphosate. The Plaintiff maintains that Roundup (TM) and/or glyphosate is defective, dangerous to human health, unfit and unsuitable to be marketed and sold in commerce, and lacked proper warnings and directions as to the dangers associated with its use. The Plaintiff's injuries, like those striking thousands of similarly situated victims across the country, were avoidable. Defendant did provide or communicate failed to contain adequate warnings and precautions that would have enabled Plaintiff, and similarly situated individuals, to utilize the product safely and with adequate protection. Instead, Defendant disseminated information that was inaccurate, false, and misleading and which failed to communicate accurately or adequately the comparative severity, duration, and extent of the risk of injuries associated with use of and/or exposure to Roundup and glyphosate; continued to promote the efficacy of Roundup, even after it knew or should have known of the unreasonable risks from use or exposure; and concealed, downplayed, or otherwise suppressed, through aggressive marketing and promotion, any information or research about the risks and dangers of exposure to Roundup and glyphosate. Monsanto Company is a publicly traded American multinational agrochemical and agricultural biotechnology corporation. It is headquartered in Creve Coeur, Greater St. Louis, Missouri.[BN] The Plaintiff is represented by: Kirk J. Goza, Esq. GOZA & HONNOLD LLC 11181 Overbrook Road, Suite 200 Leawood, KS 66211 Telephone: (913) 451 3433 Facsimile: (913) 839 0567 E-mail: kgoza@gohonlaw.com MU HEALTH: Settles Class-Action Lawsuit for $3.6-Mil. ----------------------------------------------------- Ayla Ellison, writing for Becker's Hospital Review, reports that Columbia-based University of Missouri Health Care has agreed to pay $3.6 million to resolve a lawsuit filed by two employees claiming the health system was "unjustly enriched" by the setup of its timekeeping system, according to The Columbia Missourian. MU Health Care pays time-and-a-half for every hour an employee works beyond 40 hours per week. However, employees are not paid for uninterrupted 30-minute meal breaks they take during eight- hour shifts. According to the employees' lawsuit, which was filed in May 2016, the health system would deduct the 30-minute breaks, even if employees did not take the meal break or did not take the full half-hour, according to the report. Under an agreement reached Dec. 13, the two employees who filed the lawsuit will receive $5,000 each. After attorneys' fees are deducted, the rest of the $3.6 million settlement will be distributed among more than 2,000 current and former employees who are part of the class-action lawsuit. "While MU Health Care believes that it has acted in accordance with law regarding its payroll practices, the settlement prevents further legal expenses and ends any uncertainty created by the pending litigation," the health system said in a statement. The preliminary settlement requires approval by the Boone County (Mo.) District Court. [GN] NATIONAL GRID: Status Conference in "Jenkins" Suit Moved to Feb. ---------------------------------------------------------------- In the case, Jenkins v. National Grid USA et al., Case No. 2:15- cv-01219 (E.D.N.Y.), Judge Joanna Seybert entered an order dated January 12, 2018, granting the Motion to Adjourn Status Conference until February 6, 2018, at 10:00 a.m. in Courtroom 840 before Magistrate Judge Gary R. Brown. Jenkins, Frances Royal and Emmot Steele filed the request. In a Scheduling Order dated January 9, 2018, Judge Brown granted the Motion for Discovery, and said all fact discovery are due by May 17, 2018, and the Status Conference initially for January 31. In the lawsuit captioned, JARRETT JENKINS, EMMOT STEELE and FRANCES ROYAL, on behalf of themselves and all others similarly situated, the Plaintiffs, v. NATIONAL GRID USA SERVICE COMPANY, INC., KEYSPAN GAS EAST CORPORATION, NIAGARA MOHAWK POWER CORPORATION and THE BROOKLYN UNION GAS COMPANY, the Defendants, Case No. 3:17-mc-00109-D-BH (N.D. Tex., Dec. 26, 2017), the Plaintiffs moved the Court to transfer the case to the United States District Court for the Eastern District of New York.[BN] The Plaintiff is represented by: Matthew K. Good, Esq. CONNER & WINTERS, LLP 1700 Pacific Avenue, Suite 2250 Dallas, TX 75201 Telephone: (214) 217 8070 Facsimile: (214) 217 8861 - and - Joseph S. Tusa, Esq. TUSA P.C. P.O. Box 566 Southold, NY 11971 Telephone: (631) 407 5100 Facsimile: (516) 706 1373 E-mail: joseph.tusapc@gmail.com - and - Douglas I. Cuthbertson, Esq. LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 250 Hudson Street, 8th Floor New York, NY 10013-1413 Telephone: (212) 355 9500 Facsimile: (212) 355 9592 E-mail: dcuthbertson@lchb.com NATIONWIDE CREDIT: Faces "Mezzanotte" Suit in E.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Nationwide Credit, Inc. The case is captioned as Ronald Mezzanotte, on behalf of himself and all others similarly situated, the Plaintiff, v. Nationwide Credit, Inc., the Defendant, Case No. 2:17-cv-07417- JMA-ARL (E.D.N.Y., Dec. 20, 2017). The case is assigned to the Hon. Judge Joan M. Azrack. Nationwide Credit is a collection agency.[BN] The Plaintiff is represented by: Ryan L Gentile, Esq. LAW OFFICES OF GUS MICHAEL FARINELLA PC 110 Jericho Turnpike, Suite 100 Floral Park, NY 11001 Telephone: (516) 326 2333 Facsimile: (516) 305 5566 E-mail: rlg@lawgmf.com NATURE'S PATH: Underfills Organic Cereal Products, White Says ------------------------------------------------------------- CHAUNCEY LEROY WHITE, individually and on behalf of all others similarly situated, the Plaintiff, v. NATURE'S PATH FOODS USA, INC., a Wyoming corporation; and DOES 1 through 10, inclusive, the Defendants, Case No. 8:18-cv-00013 (C.D. Cal., Jan. 5, 2018), contends that the Plaintiff purchased a package of Defendant's Nature's Path Organic cereal in 2017. Plaintiff expected to receive a full container of the Nature's Path Organic cereal product, which is packaged in non-transparent containers. Plaintiff was surprised and disappointed when he opened the Nature's Path Organic cereal product to discover that the container had nearly 40% empty space, or slack-fill. Had Plaintiff known about the slack-fill at the time of purchase, he would not have bought Defendant's product. The Defendant's conduct violates consumer protection and labeling laws.[BN] Attorneys for Plaintiff and the Proposed Class: Ronald A. Marron, Esq. LAW OFFICES OF RONALD A MARRON, APLC 651 Arroyo Drive San Diego, CA 92103 Telephone: (619) 696 9006 Facsimile: (619) 564 6665 E-mail: ron@consumersadvocates.com NCB MANAGEMENT: Faces "Ali" Suit in Eastern Dist. of New York ------------------------------------------------------------- A class action lawsuit has been filed against NCB Management Services, Inc. The case is captioned as Rafaqat Ali, on behalf of himself and all others similarly situated, the Plaintiff, v. NCB Management Services, Inc., the Defendant, Case No. 2:17-cv-07423- JFB-GRB (E.D.N.Y., Dec. 20, 2017). The case is assigned to the Hon. Judge Joseph F. Bianco. NCB Management provides call center/business process outsourcing solutions in the United States. The company offers accounts receivable management solutions in the areas of bank cards, retail/business cards, consumer loans, installment loans, auto deficiency, commercial loans, and direct mails.[BN] The Plaintiff is represented by: Ryan L Gentile, Esq. LAW OFFICES OF GUS MICHAEL FARINELLA PC 110 Jericho Turnpike, Suite 100 Floral Park, NY 11001 Telephone: (516) 326 2333 Facsimile: (516) 305 5566 E-mail: rlg@lawgmf.com NEW JERSEY: "Harris" Suit vs. Corrections Dept. Filed ----------------------------------------------------- A class action lawsuit has been filed against New Jersey Department of Corrections. The case is captioned as GOLDA HARRIS, and all others similarly situated, the Plaintiff, v. NEW JERSEY DEPARTMENT OF CORRECTIONS; SARAH DAVIS, Administrator in her Official Capacity; ENERGIZER BRANDS, LLC, in their Individual and Official Capacity; JOHN DOE(S); and J PAY, INC. EMPLOYEES- VENDOR/CONTRACTOR, in their Individual and Official Capacity, the Defendants, Case No. 3:17-cv-13624-MAS-DEA (D.N.J., Dec. 16, 2017). The case is assigned to the Hon. Judge Michael A. Shipp. The New Jersey Department of Corrections is responsible for operations and management of prison facilities in the U.S. state of New Jersey.[BN] The Plaintiff appears pro se. NEW YORK: Tax Dept. Faces O'Donnell & Sons Suit ----------------------------------------------- A class action lawsuit has been filed against New York State Dept. The case is styled O'Donnell & Sons, Inc. et al on behalf of itself and all person similarly situated, Plaintiff v. New York State Dept. of et al. Taxation & Finance, State of New York, Nonie Manion in her official capacity as acting Tax. Comm., Defendant, Case No. 52772/2017 (N.Y., January 4, 2018). New York is a state in the northeastern United States.[BN] The Plaintiff is represented by: CHITWOOD, HARLEY & HARNES, LLP 135 E. 57TH STREET NEW YORK, NY 10022 NINOS 46 CORP: Faces "Hernandez" Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Ninos 46 Corp. doing business as: Nino's 46. The case is styled Ignacio Hernandez, on behalf of all others similarly situated, Plaintiff v. Ninos 46 Corp. doing business as: Nino's 46, Vendome Food Service of New York, Inc. doing business as: Nino's 46, Franco Vendome and Michele Vendome, Defendants, Case No. 1:18-cv-00074 (S.D. N.Y., January 4, 2018). Ninos 46 Corp. doing business as: Nino's 46 is an Italian Restaurant.[BN] The Plaintiff appears PRO SE. NUDGEE JUNIOR COLLEGE: Child Sex Abuse Class Action Looms --------------------------------------------------------- Greg Stolz, writing for The Courier Mail, reports that a class action against the Catholic Church over alleged shocking private school abuse could be looming, with dozens of former students from Nudgee Junior College coming forward. The ex-students have contacted lawyers after The Sunday Mail revealed that two Queensland brothers have launched a multimillion-dollar claim for damages, for physical and sexual abuse they allegedly suffered at the hands of teachers at the Brisbane school in the 1970s. Former Nudgee Junior College captain John O'Leary and his brother Bill are seeking about $7 million in damages from the Christian Brothers for their alleged mistreatment while they were boarders. The Supreme Court claim alleges then-Nudgee Junior headmaster Brother John Regan subjected the O'Learys to "terrifying" physical and verbal attacks. The siblings allege Regan beat them daily -- sometimes knocking them unconscious -- kicked them, struck them hundreds of times and lifted them off the ground by their ears. John O'Leary, who was junior college captain and is now an unemployed labourer living on a derelict boat in north Queensland, alleges he lived "in a constant state of terror and anxiety" as an 11-year-old and 12-year-old at the school. The brothers allege the abuse left them with profound and long- lasting psychological damage. Lawyers said the case could be a landmark action, challenging the State Government's failure to remove time limits for physical abuse claims, as other states have done. The O'Learys have hired high-profile Gold Coast law firm Nyst Legal. Their lawyer, Brendan Nyst, Esq. said dozens of ex-Nudgee Junior students and some from other schools had come forward since The Sunday Mail broke the story. "Our office has been inundated with calls from former students," he said. "We're currently assessing the information." The State Government had removed the three-year time limit on sexual abuse claims, in line with the recommendations of the Royal Commission into Institutional Responses to Sexual Abuse. Mr Nyst said because Queensland did not to remove the time limits for physical abuse, as other states did, the O'Learys would have to convince the Supreme Court to allow their claim to proceed. The O'Learys said they hoped the Catholic Church would not exploit abuse-claim time-limit laws. "After all these years I think they'll finally do the right thing," John O'Leary said. "Back then we were just kids. We had nowhere to run, nowhere to hide, and no one to turn to." [GN] NUSTARR LLC: Faces "Yaakov" Suit in Southern District of NY ------------------------------------------------------------ A class action lawsuit has been filed against Nustarr, LLC d/b/a Apple Textbooks. The case is styled Bais Yaakov of Spring Valley, on behalf of itself and all others similarly situated, Plaintiff v. Nustarr, LLC d/b/a Apple Textbooks and William H Haynie, Jr., Defendants, Case No. 7:18-cv-00064 (S.D. N.Y., January 4, 2018).[BN] The Plaintiff appears PRO SE. PAUL J. HOOTEN: Debt Collections Practices Unlawful, Silber Says ---------------------------------------------------------------- Shlomo Silber, individually and on behalf of all others similarly situated, the Plaintiff, v. Paul J. Hooten & Associates, PLLC and John Does l-25, the Defendants, Case No. 1:18-cv-00077 (E.D.N.Y., Jan. 5, 2018), seeks to recover damages and declaratory and injunctive relief under the Fair Debt Collections Practices Act. According to the complaint, on January 9, 2017, Defendant sent a collection letter to Plaintiff. The subject line of the letter states "RE: N. American Partners in Anesthesia, LLP v. Shlomo Silber". The use of the "v." language strongly implies that Defendant has commenced legal action and filed a lawsuit against Plaintiff. The use of the "v." language is threatening and coercive and is made with the intent of scaring Plaintiff into making payment in order to quickly resolve what, falsely, appears to be a lawsuit filed against him. Vague references to "N. American Partners in Anesthesia, LLP v. Shlomo Silber", without any additional identifying information, only serves the purpose of misleading and deceiving the Plaintiff into believing that a lawsuit has been filed against it, when in fact it has not. Such vague references were made with the sole intent to deceive and coerce a rushed payment from Plaintiff. As a result of Defendant's deceptive, misleading and unfair debt collection practices, Plaintiff has been damaged.[BN] The Plaintiff is represented by: Daniel Kohn, Esq. RC LAW GROUP, PLLC 285 Passaic Street Hackensack, NJ 07601 Telephone: (201) 282 6500 Facsimile: (201) 282 6501 PHILIP MORRIS: Bragar Eagel Files Securities Class Action Suit -------------------------------------------------------------- Bragar Eagel & Squire, P.C., announces that a class action lawsuit has been filed in the U.S. District Court for the District of New Jersey on behalf of all persons or entities who purchased or otherwise acquired Philip Morris International Inc. (NYSE:PM) securities between July 26, 2016 and December 20, 2017 (the "Class Period"). Investors have until February 20, 2018 to apply to the Court to be appointed as lead plaintiff in the lawsuit. The Complaint alleges that, throughout the Class Period, Defendants made false and/or misleading statements and/or failed to disclose that there were irregularities in the clinical experiments that underpin Philip Morris' FDA application for approval of its iQOS smoking device. Consequently, Defendants' statements about Philip Morris' business, operations, and prospects were materially false and misleading and/or lacked a reasonable basis throughout the Class Period. On December 20, 2017, Reuters reported that former Philip Morris employees and contractors "detailed irregularities in the clinical experiments that underpin Philip Morris International's application to the FDA for approval of its iQOS smoking device." The report further stated that Tamara Koval, who helped coordinate clinical trials for the device, was "excluded from meetings" after she "questioned the quality of some of the researchers and sites contracted to carry out those experiments." Following this news, Philip Morris shares fell $3.75 per share, or nearly 3.5%, to close at $104.37 on December 20, 2017. If you purchased or otherwise acquired Philip Morris securities and suffered a loss, continue to hold shares purchased prior to the Class Period, have information, would like to learn more about these claims, or have any questions concerning this announcement or your rights or interests with respect to these matters, please contact Brandon Walker or Melissa Fortunato by email at investigations@bespc.com, or telephone at (212) 355- 4648, or by filling out this contact form. There is no cost or obligation to you. Bragar Eagel & Squire, P.C. is a New York-based law firm concentrating in commercial and securities litigation. For additional information concerning the Philip Morris lawsuit, please go to www.bespc.com/pm. For additional information about Bragar Eagel & Squire, P.C., please go to www.bespc.com. Contacts Brandon Walker, Esq. Melissa Fortunato, Esq. Bragar Eagel & Squire, P.C. Tel: 212-355-4648 Website: www.bespc.com Email: walker@bespc.com, fortunato@bespc.com [GN] PHILIP MORRIS: Bronstein, Gewirtz Files Securities Class Action --------------------------------------------------------------- Bronstein, Gewirtz & Grossman, LLC, notifies investors that a class action lawsuit has been filed against Philip Morris International Inc. ("Philip Morris" or the "Company") (NYSE: PM) and certain of its officers, on behalf of shareholders who purchased Philip Morris securities between July 26, 2016 and December 20, 2017, both dates inclusive ("Class Period"). Such investors are encouraged to join this case by visiting the firm's site: http://www.bgandg.com/pm. This class action seeks to recover damages against Defendants for alleged violations of the federal securities laws under the Securities Exchange Act of 1934. The complaint alleges that Defendants made false and/or misleading statements and failed to disclose that: (1) there were irregularities in the clinical experiments that underpin Philip Morris' application to the FDA for approval of its iQOS smoking device; and (2) consequently, defendants' statements about Philip Morris' business, operations and prospects were materially false and misleading and/or lacked a reasonable basis at all relevant times. A class action lawsuit has already been filed. If you wish to review a copy of the Complaint you can visit the firm's site: http://www.bgandg.com/pmor you may contact Peretz Bronstein, Esq. or his Investor Relations Analyst, Yael Hurwitz of Bronstein, Gewirtz & Grossman, LLC at 212-697-6484. If you suffered a loss in Philip Morris you have until February 20, 2018 to request that the Court appoint you as lead plaintiff. Your ability to share in any recovery doesn't require that you serve as a lead plaintiff. Bronstein, Gewirtz & Grossman, LLC is a corporate litigation boutique. Our primary expertise is the aggressive pursuit of litigation claims on behalf of our clients. In addition to representing institutions and other investor plaintiffs in class action security litigation, the firm's expertise includes general corporate and commercial litigation, as well as securities arbitration. Peretz Bronstein, Esq. Yael Hurwitz, Esq. Bronstein, Gewirtz & Grossman, LLC Tel: 212-697-6484 Email: peretz@bgandg.com [GN] PRUDENTIAL RUBLOFF: Real Estate Agents to File Class Action ----------------------------------------------------------- Dennis Rodkin, writing for Crain's Chicago Business, reports that former agents for a Chicago real estate brokerage who claim some of their commissions were withheld when they moved to other firms may launch a class-action lawsuit, a Cook County Circuit Court judge ruled Dec. 21. The suit claims that Prudential Rubloff and three of its top executives withheld what may amount to several million dollars in commissions from agents who had home sales underway before leaving the firm but that closed after their departure. The suit, certified as a class action December 21 by chancery division Judge Moshe Jacobius, alleges that the firm and its executives had improperly subtracted a 35 percent "termination fee" from these agents' commissions. (Read the order below.) The fee "was never spelled out in the agents' contracts," said Aaron Stanton, Esq. -- astanton@burkelaw.com -- an attorney at Burke Warren Mackay & Serritella in Chicago who is representing the agents. He said the contracts included a "referral fee" that would go to a Prudential agent who finished up the deals, but that "nobody was ever referred." Thus the agents did not expect to have part of their commission withheld. Stanton said the class-action suit may represent as many as 270 agents, although only now, with the judge's certification that it is a class action, can that group be developed. The attorney for the defendants, Richard Ferna, Esq. of Fuchs & Roselli in Chicago, did not respond to a request for comment. The defendants include the real estate agency and executives Michael Pierson, Chris Eigel and Nancy Nagy. In 2013, Prudential Rubloff was bought by Berkshire Hathaway's HomeServices of America. The present firm, Berkshire Hathaway HomeServices KoenigRubloff Realty Group, is not named in the suit. The three named defendants are all executives of the present agency. Nagy is CEO, Pierson is president and Eigel is chairman emeritus. "This matter is more than three years old and concerns operations of a previous business entity that was acquired by HomeServices of America," Suzanne Boose, Berkshire's chief communications officer, wrote in an email. "Our company has not been found to have done anything wrong. We are confident in our company's business procedures and practices." Stanton said the practice of withholding commissions began in about 2010. The current ownership "made changes to the policy," he said. Other Chicago real estate brokerages, including @properties, Baird & Warner and Coldwell Banker, include termination fees in their contracts, Stanton said, but Prudential Rubloff included its version, a referral fee, in a policy manual. Because it wasn't mentioned in the contract, he said, "withholding the commissions is a breach of contract." [GN] PURDUE PHARMA: MSP Recovery Suit Sues over Opioid Prescriptions --------------------------------------------------------------- MSP RECOVERY CLAIMS, SERIES LLC, a Delaware Limited Liability Company, the Plaintiff, v. PURDUE PHARMA, L.P.; PURDUE PHARMA, INC.; THE PURDUE FREDERICK COMPANY, INC.; TEVA PHARMACEUTICALS INDUSTRIES, LTD.; TEVA PHARMACEUTICALS USA, INC.; CEPHALON, INC.; JOHNSON & JOHNSON; JANSSEN PHARMACEUTICALS, INC.; ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC., n/k/a JANSSEN PHARMACEUTICALS, INC.; JANSSEN PHARMACEUTICA, INC., n/k/a JANSSEN PHARMACEUTICALS, INC.; NORAMCO, INC.; ENDO HEALTH SOLUTIONS, INC.; ENDO PHARMACEUTICALS, INC.; QUALITEST PHARMACEUTICALS, INC.; ALLERGAN PLC, f/k/a ACTAVIS PLC; WATSON PHARMACEUTICALS, INC., n/k/a ACTAVIS, INC.; WATSON LABORATORIES, INC.; ACTAVIS LLC; ACTAVIS PHARMA, INC., f/k/a WATSON PHARMA, INC.; MALLINCKRODT PLC; MALLINCKRODT LLC; MCKESSON CORPORATION; CARDINAL HEALTH INC.; AMERISOURCEBERGEN DRUG CORPORATION; ABBOTT LABORATORIES, INC.; RUSSELL PORTENOY; PERRY FINE; SCOTT FISHMAN; and LYNN WEBSTER, the Defendants, Case No. 1:18-cv-00040 (N.D. Ohio, Jan. 5, 2018), alleges that the Plaintiff's assignors and Class Members have incurred and continue to incur costs for opioid prescriptions in excess of those they would have otherwise incurred, payments for their Medicaid beneficiaries' treatment for opioid addiction, and payments for emergency hospital visits for their Medicaid beneficiaries, including payments for Naloxone Hydrochloride (Narcan) resulting from opioid abuse and overdose. Defendants' misrepresentations regarding the safety and efficacy of long-term opioid use proximately caused injury to the Plaintiff's assignors and Class Members. Opioids provide effective treatment for short-term post-surgical and trauma-related pain, and for palliative end-of-life care. They are approved by the FDA for use in the management of moderate to severe pain where use of an opioid analgesic is appropriate for more than a few days. Opioid analgesics, however, are widely diverted and improperly used, and the widespread abuse of opioids has resulted in the national epidemic of opioid overdose deaths and addictions. The opioid epidemic is "directly related to the increasingly widespread misuse of powerful opioid pain medications." The Defendants knew that controlled studies of the safety and efficacy of opioids were limited to short-term use (i.e., not longer than 90 days) in managed settings (e.g., hospitals) where the risk of addiction and other adverse outcomes was significantly minimized. Indeed, the FDA has expressly recognized that there have been no long-term studies demonstrating the safety and efficacy of opioids for long-term use. The Defendants knew, and have known for years, that opioids were addictive and subject to abuse, particularly when used long-term for chronic non-cancer pain, and should not be used except as a last resort. Defendants also knew that, with prolonged use, the effectiveness of opioids wanes, requiring increases in doses to achieve pain relief and markedly increasing the risk of significant side effects and addiction.11 Despite the foregoing knowledge, in order to expand the market for opioids and realize blockbuster profits, Defendants sought to create a false perception of the safety and efficacy of opioids in the minds of medical professionals and members of the public that would encourage the use of opioids for longer periods of time and to treat a wider range of problems, including such common aches and pains as lower back pain, arthritis, and headaches. Defendants accomplished that false perception through a coordinated, sophisticated, and highly deceptive marketing campaign that began in the late 1990s, became more aggressive in or about 2006, and continues to the present. Defendants engaged in a practice and pattern of gross negligence and reckless disregard for the health and safety of consumers using prescription opioids by flooding the pharmaceutical market with dramatic increases in prescription thresholds without justification. The Defendants, individually and collectively, provided millions of opioid prescription drugs to countless pharmacies nationwide, without accountability and despite the Defendants' knowledge of suspicious orders. Purdue Pharma is a privately held pharmaceutical company owned principally by parties and descendants of Mortimer and Raymond Sackler.[BN] The Plaintiff is represented by: James L. Ferraro, Esq. Janpaul Portal, Esq. James L. Ferraro, Jr., Esq. THE FERRARO LAW FIRM, P.A. Brickell World Plaza 600 Brickell Avenue, 38th Floor Miami, FL 33131 Telephone (305) 375 0111 Facsimile (305) 379 6222 E-mail: jlf@ferrarolaw.com jpp@ferrarolaw.com jjr@ferrarolaw.com - and - Frank C. Quesada, Esq. John H. Ruiz, Esq. MSP Recovery Law Firm 5000 S.W. 75th Avenue, Suite 300 Miami, FL 33155 Telephone: (305) 614 2239 E-mail: jruiz@msprecovery.com fquesada@msprecovery.com serve@msprecovery.com RECOVERY SERVICE: Faces "Ephraim" Suit in E.D. Texas ---------------------------------------------------- A class action lawsuit has been filed against Recovery Service Bureau. The case is captioned as Troy Ephraim, individually and on behalf of all others similarly situated, the Plaintiff, v. Recovery Service Bureau, the Defendant, Case No. 1:17-cv-00533- MAC (E.D. Tex., Dec. 16, 2017). The case is assigned to the Hon. District Judge Marcia A. Crone.[BN] The Plaintiff is represented by: Yitzchak Zelman, Esq. MARCUS & ZELMAN, LLC 1500 Allaire Avenue, Suite 101 Ocean, NJ 07712 Telephone: (845) 367 7146 Facsimile: (732) 298 6256 E-mail: yzelman@marcuszelman.com RW DIRECT INC: Faces "Patterson" Suit in N.D. California -------------------------------------------------------- A class action lawsuit has been filed against RW Direct, Inc. The case is styled Keith Patterson, individually and on behalf of all others similarly situated, Plaintiff v. RW Direct, Inc. and Positec USA, Inc., Defendants, Case No. 3:18-cv-00055-MEJ (N.D. Cal., January 4, 2018). RW Direct, Inc. designs and manufactures corded and cordless power tools and accessories.[BN] The Plaintiff is represented by: Brian Stephen Kabateck, Esq. Kabateck Kellner LLP 644 South Figueroa Street Los Angeles, CA 90017 Tel: (213) 217-5000 Fax: (213) 217-5010 Email: bsk@kbklawyers.com - and - Christopher B. Noyes, Esq. Kabateck Brown Kellner LLP 644 S. Figueroa Street Los Angeles, CA 90017 Tel: (213) 217-5000 Fax: (213) 217-5010 Email: cn@kbklawyers.com SEIKO TIME CORP: Faces "Camacho" Suit in Eastern Dist. New York --------------------------------------------------------------- A class action lawsuit has been filed against Seiko Time Corporation. The case is styled as Jason Camacho, on behalf of himself and all others similarly situated, Plaintiff v Seiko Time Corporation, Defendant, Case No. 1:18-cv-00059 (E.D. N.Y., January 4, 2018). Seiko is one of the few fully integrated watch manufacturers.[BN] The Plaintiff is represented by: Daniel C Cohen, Esq. Daniel Cohen, PLLC 407 Rockaway Avenue Brooklyn, NY 11212 Tel: (646) 645-8482 Fax: (347) 665-1545 Email: dancohenlaw@gmail.com SETERUS INC: Court Terminates Motion to Certify Class as Moot ------------------------------------------------------------- In the lawsuit styled Patrick Ciolino, the Plaintiff, v. Seterus, Inc., the Defendant, Case No. 1:15-cv-09247 (N.D. Ill.), the Hon. Judge Matthew F. Kennelly entered an order terminating motion to certify class as moot. According to the docket entry made by the Clerk on December 21, 2017, a status hearing and motion hearing was held December 21. The Motion to certify class is terminated as moot. The Motion for approval of class action settlement is granted. Another hearing is set for May 10, 2018 at 9:30 a.m. A copy of the Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=EBiDSv81 SOUTH AFRICA: More Students Come Forward in Class Suit vs DHET -------------------------------------------------------------- Olebogeng Motse, writing for OFM News, reports that at least seven more students from central South Africa will be a part of a class action lawsuit to be launched against the Department of Higher Education and Training (DHET). This comes after the Department failed to issue students at Technical and Vocational Education and Training (TVET) colleges around the country with their certificates upon completing their courses, with some waiting years for the certificates. The Pretoria-based firm, Maluleke, Seriti, Makume and Matlala Incorporated (MSMMINC), has taken the case up. Attorney at MSMMINC, Mmuso Matlala, says the firm will be representing these students pro bono. Matlala says around 50 students have come forward so far. The 29-year-old Nomuneliso Matomane from Virgina in the Free State is one of the students that have come forward. Matomane says she heard about the class action lawsuit from her friend, who saw it on the social media network, Facebook. Matomane started studying Human Resource Management at Motheo TVET college located in Bloemfontein in 2011. Around 2015, she completed her practicals, qualifying for her National Diploma in the field. To date, she has not received her certificate. Matomane wanted to go to the Central University of Technology (CUT) to study further, but she can't. She says it is difficult for her to apply for jobs because she doesn't have the certificate. Matlala says most, if not all the students that have come forward have been devastated by the backlog of certificates because they are the only hope of their families financially. This is the case for Matomane, who lives with her unemployed parents in Virginia. She says "I am hoping that at least by February, I should have my Diploma certificate, I'll be so happy. I will be able to go to Central University of Technology to do my Bachelor of Technology (BTech)". Keneilwe Molawa from Thaba Nchu in the Free State, on the other hand, has been waiting six years for her Civil Engineering and Building Construction certificate from Motheo College. It was her steely determination and perseverance that led to the Pretoria- based law firm to take up the case. Molawa wrote multiple letters to the Department of Higher Education and Training over the years in a bid to receive her certificate. She tells OFM News that she even wrote to the South African Human Rights Commission (SAHRC) for assistance. The SAHRC referred her case to the Public Protector to investigate. Despite all her efforts, she is still not in possession of her certificate. DHET in November informed parliament's Portfolio Committee on Higher Education and Training that the department had cleared the backlog of certificates that date as far back as 2007. According to the statement released by the portfolio committee, as of September 2017, 236 982 certificates had been processed and released. 659 certificates would be issued after outstanding fees owed by "beneficiaries were paid to Umalusi Quality Council for General and Further Education and Training". [GN] STERLING JEWELERS: Faces "Evaro" Suit in California State Court --------------------------------------------------------------- A class action lawsuit has been filed against Sterling Jewelers, Inc. The case is captioned as GENE EVARO, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, AND ON BEHALF OF THE GENERAL PUBLIC, the Plaintiff, v. STERLING JEWELERS, INC., AN OHIO CORPORATION, the Defendant, Case No. BCV-17-102920 (Cal. Superior Court, Dec. 20, 2017). The case is assigned to the Hon. Judge Thomas S. Clark. Sterling Jewelers is an American specialty jewelry company headquartered in Akron, Ohio. The company was founded in 1910 by Henry Shaw, from LeRoy's Jewelers in Lorain, Ohio.[BN] The Plaintiff is represented by: Roman Otkupman, Esq. Otkupman Law Firm, ALC 28632 Roadside Dr., Ste 203 Agoura Hills, CA 91301-6015 Telephone: (818) 293 5623 Facsimile: (888) 850 1310 STONELEIGH RECOVERY: Faces "Gallagher" Suit in D. New Jersey ------------------------------------------------------------ A class action lawsuit has been filed against Stoneleigh Recovery Associates, LLC. The case is captioned as AGNES GALLAGHER, on behalf of herself and those similarly situated, the Plaintiff, v. STONELEIGH RECOVERY ASSOCIATES, LLC; BUREAUS INVESTMENT GROUP PORTFOLIO NO. 15 LLC; BUREAUS INVESTMENT GROUP III, LLC; THE BUREAUS, INC.; and JOHN DOES 1 to 10, the Defendants, Case No. 2:17-cv-13511-CCC-MF (D.N.J., Dec. 21, 2017). The case is assigned to the Hon. Judge Claire C. Cecchi. Stoneleigh Recovery Associates, LLC is a nationally licensed, bonded, and insured boutique collection agency. Stoneleigh Recovery Associates, LLC provides debt recovery services including revenue cycle management, early intervention, back office support, and First and Third-party collections for clients in the recovery.[BN] The Plaintiff is represented by: Yongmoon Kim, Esq. Kim Law Firm LLC 411 Hackensack, Ave. 2 Fl. Hackensack, NJ 07601 Telephone: (201) 273 7117 Facsimile: (201) 273 7117 E-mail: ykim@kimlf.com SOUTHWEST AIRLINES: Removed "Miller" Suit to N.D. Illinois ---------------------------------------------------------- In the lawsuit captioned, JENNIFER MILLER, SCOTT POOLE, and KEVIN ENGLAND, on behalf of themselves and all others similarly situated, the Plaintiffs, v. SOUTHWEST AIRLINES CO., the Defendant, the Defendant provides notice of removal of this action from the Circuit Court of Cook County, Illinois, Chancery Division, to the United States District Court for the Northern District of Illinois, Eastern Division on Jan. 5, 2018. The Northern District assigned Case No. 1:18-cv-00086 to the Proceeding.[BN] The Plaintiffs are represented by: Steven A. Hart HART MCLAUGHLIN & ELDRIDGE, LLC 121 W. Wacker Drive, Suite 1050 Chicago, IL 60601 - and - Antonio M. Romanucci ROMANUCCI & BLANDIN, LLC 321 N. Clark Street, Suite 900 Chicago, IL 60654 - and - Ian Elfenbaum ELFENBAUM, EVERS & AMARILIO, P.C. 940 W. Adams Street, Suite 300 Chicago, IL 60607 - and - Vincent Petrosino SERPICO, PETROSINO, DI PIERO & O'SHEA, LTD. 2018 N. Jefferson Street, Suite 101 Chicago, IL 60661 The Defendant is represented by: Melissa Siebert, Esq. Erin Bolan Hines, Esq. Bonnie Keane DelGobbo, Esq. BAKER & HOSTETLER LLP 191 North Wacker Drive, Suite 3100 Chicago, IL 60606-1901 Telephone: (312) 416 6200 Facsimile: (312) 416 6201 E-mail: msiebert@bakerlaw.com ehines@bakerlaw.com bdelgobbo@bakerlaw.com SWATCH GROUP: Faces "Camacho" Suit in Eastern District New York --------------------------------------------------------------- A class action lawsuit has been filed against The Swatch Group (US) Inc. The case is styled Jason Camacho, on behalf of himself and all others similarly situated, Plaintiff v The Swatch Group (US) Inc. d/b/a Omega, Defendant, Case No. 1:18-cv-00062 (E.D. N.Y, January 4, 2018). The Swatch Group (U.S.) Inc. distributes watches and jewelry. It offers brands, such as Breguet, Blancpain, GlashÅtte, Jaquet Droz, LÇon Hatot, Omega, Rado, Longines, Tissot, Mido, Hamilton, Pierre Balmain, CK Watch, Swatch, Flik Flak, Endura, Lasag, Micro Crystal, Renata, and Oscilloquartz. The company was incorporated in 1978 and is based in Weehawken, New Jersey. The Swatch Group (U.S.) Inc. operates as a subsidiary of The Swatch Group AG. The Plaintiff is represented by: Daniel C Cohen, Esq. Daniel Cohen, PLLC 407 Rockaway Avenue Brooklyn, NY 11212 Tel: (646) 645-8482 Fax: (347) 665-1545 Email: dancohenlaw@gmail.com TECHNOLOGICAL MEDICAL: Court Denies Certification of Class ---------------------------------------------------------- In the lawsuit styled Jennifer Botelho, the Plaintiff, v. Technological Medical Advancements LLC, the Defendant, Case No. 2:16-cv-08085-SVW-MRW (C.D. Cal.), the Hon. Judge Stephen V. Wilson entered an order denying Plaintiff's motion for class certification of: "all persons in the United States who, (1) from October 31, 2012 through the present, (2) were sent an unsolicited telephone facsimile message from Defendant substantially similar to the faxes sent to Plaintiff, (3) where Defendant acquired the faxes were sent using the same equipment that was used to transmit the faxes to Plaintiff." The Complaint alleges that Defendant violated the TCPA by sending unsolicited fax advertisement about its Diowave laser to medical professionals. The Court finds that Plaintiff cannot establish predominance because individual issues regarding prior express permission predominate over any common issues of fact, including the common issues provided by the Plaintiff. A copy of the Civil Minutes available at no charge at http://d.classactionreporternewsletter.com/u?f=5YGs5yVU TFC MANUFACTURING: Cambero Sues over Unpaid Meals & Rest Breaks --------------------------------------------------------------- JOSE CAMBERO, individually, on behalf of all others similarly situated, and as a representative of other aggrieved employees, the Plaintiff, v. TFC MANUFACTURING, INC. a California corporation; and DOES 1 through 250, inclusive, the Defendant, Case No. BC689221 (Cal. Super. Ct., Jan. 5, 2018), seeks to recover unpaid meal period premiums, rest break premiums, wages not timely paid upon termination under the California Labor Code. TFC manufactures aircraft parts for the military and large commercial companies. The Plaintiff alleges that Defendants were advised by skilled lawyers and other professionals, employees and advisors knowledgeable about California labor and wage law, employment and personnel practices, and about the requirements of California law. The Defendant failed to provide all meal periods and rest breaks or provided untimely meal periods and rest breaks. The Plaintiff began work at 6 a.m. and worked generally 10 hours or more, which was the same for other Class member. When he began working for TFC, the only rest break authorized and permitted for Plaintiff and Class members was from 9:20 a.m. to 9:45 a.m. Yet Plaintiff and Aggrieved Employees were entitled to at least two rest breaks based on the hours worked, which cannot be combined. Additionally, the only time meal periods were authorized and permitted was from 1:00 p.m. to 1:30 p.m. However, this is not within the first 5 hours as required. Additionally, no second meal periods was provided for Plaintiff and Class members when he/she worked over 10 hours.[BN] The Plaintiff is represented by: Gary R. Carlin, Esq. Brent S. Buchsbaum, Esq. Laurel N. Haag, Esq. Ian M. Silvers, Esq. LAW OFFICES OF CARLIN & BUCHSBAUM LLP 555 East Ocean Boulevard, Suite 818 Long Beach, CA 90802 Telephone: (562) 432 8933 Facsimile: (562) 435 1656 E-mail: gary@carlinbuchsbaum.com brent@carlinbuchsbaum.com laurel@carlinbuchsbaum.com ian@carlinbuchsbaum.com TJX COMPANIES: "Tolliferreo" Suit Seeks Unpaid OT under FLSA ------------------------------------------------------------ MARCO TOLLIFERREO, individually and on behalf of all others similarly situated, the Plaintiffs, v. THE TJX COMPANIES, INC, and MARMAXX OPERATING CORP., the Defendants, Case No. 2:18-cv- 00036-GEKP (E.D. Pa., Jan. 5, 2018), seeks to recover unpaid overtime compensation under the California Labor Code. According to the complaint, the Plaintiff and those similarly situated are or were employed by Defendants as Investigators. Defendants have suffered and permitted Plaintiff and members of FLSA Class to regularly work more than 40 hours in a workweek. But Plaintiff and members of FLSA Class were not compensated in accordance with the FLSA.[BN] The Plaintiff is represented by: Kevin I. Lovitz, Esq. LOVITZ LAW FIRM One Liberty Place 1650 Market Street, 36th Floor Philadelphia, PA 19103 Telephone: (215) 735 1996 Facsimile: (267) 319 7943 E-mail: Kevin@lovitzlaw.com - and - Philip Bohrer, Esq. Scott E. Brady BOHRER BRADY, LLC 8712 Jefferson Highway, Suite B Baton Rouge, LA 70809 Telephone: (225) 925 5297 Facsimile: (225) 231 7000 E-mail: phi@bohrerbrady.com scott@bohrerbrady.com TOTAL CARD: Debt Collection Practices Unlawful, Gribben Says ------------------------------------------------------------ Laura Gribben, individually and on behalf of all others similarly situated, the Plaintiff, v. Total Card, Inc., a South Dakota corporation, Cavalry SPV I, LLC, a Delaware limited liability company, and Cavalry Portfolio Services, LLC, a Delaware limited liability company, the Defendant, Case No. 1:18-cv-00014-JMS-TAB (S.D. Ind., Jan. 3, 2018), seeks to recover damages under the Fair Debt Collection Practices Act. According to the complaint, more than 6 years ago, Ms. Gribben fell behind on paying her bills, including a debt she allegedly owed for an HSBC Bank Nevada/Orchard Bank credit card account. Sometime after that debt went into default, it was allegedly acquired by Cavalry, who, with its sister company CPS, tried to collect upon it by having Defendant TCI send her a form collection letter, dated January 17, 2017. This letter repeatedly urged her to pay the debt -- which it referred to as a "financial obligation" -- via various settlement options that would "save" Ms. Gribben money and would result in "a full and final resolution" of the account. Defendants' failure to adequately disclose that none of the Defendants could sue is material. Moreover, collection agencies like TCI and CPS can, and do, file collection lawsuits for their clients. Thus, the lack of a proper disclosure would leave the consumer without enough information to make a decision as to what to do about the collection of the debt at issue and cause them to believe Defendants, that the debt needed to be settled or resolved in some way and/or would result in the alleged savings.[BN] The Plaintiff is represented by: David J. Philipps, Esq. Mary E. Philipps, Esq. Angie K. Robertson, Esq. PHILIPPS & PHILIPPS, LTD. 9760 S. Roberts Road Suite One Palos Hills, IL 60465 Telephone: (708) 974 2900 Facsimile: (708) 974 2907 E-mail: davephilipps@aol.com mephilipps@aol.com angiekrobertson@aol.com - and - John T. Steinkamp, Esq. 5214 S. East Street Suite D1 Indianapolis, IN 46227 Telephone: (317) 780 8300 Facsimile: (317) 217 1320 E-mail: steinkamplaw@yahoo.com UBER TECHNOLOGIES: Sued Over Failure to Secure Drivers Info ----------------------------------------------------------- Karin Togafau, on behalf of themselves and those similarly situated v. Uber Technologies, Inc., Case No. BC686155 (Cal. Super. Ct., December 8, 2017), is brought against the Defendants for failure to implement reasonable security procedures and practices to properly secure the driver license information ("DLI") and their names, consisting of their first and last names, of its California drivers. Uber Technologies, Inc. operates a taxi technology company headquartered in San Francisco, California. [BN] The Plaintiff is represented by: Benjamin Heikali, Esq. FARUQI & FARUQI, LLP 10866 Wilshire Boulevard, Suite 1470 Los Angeles, CA 90024 Telephone: (424) 256-2884 Facsimile: (424) 256-2885 E-mail: bheikali@faruqilaw.com UNITED STATES: Utah County Sues over Payments in Lieu of Taxes -------------------------------------------------------------- KANE COUNTY, UTAH, individually and on behalf of all others similarly situated, the Plaintiffs, v. THE UNITED STATES, the Defendant, Case No. 1:17-cv-01991-EDK (Fed. Cl., Dec. 20, 2017), seeks to recover portion of the amounts to which Plaintiffs were entitled for FY 2017 under the Payments in Lieu of Taxes Act, that was not paid them due to Congress' under-appropriation of funds for that fiscal year. Kane County is a "unit of general local government" in which "entitlement land" is located, as these terms are defined in 31 U.S.C. section 6901. On October 20, 1976, Congress enacted P.L. 94-565, commonly known as the Payment in Lieu of Taxes Act (PILT or the "statute"). PILT was originally codified at 31 U.S.C. section 1601, et seq. Pursuant to P.L. 97-258, on September 13, 1982, the statute was re-codified "without substantive change" at 31 U.S.C. sections 6901, et seq. 31 U.S.C. section 6902 provides that: "the Secretary of the Interior shall make a payment for each fiscal year to each unit of general local government in which entitlement land is located as set forth in this chapter." The complaint notes that, as the Supreme Court found in Lawrence County v. Lead-Deadwood School District, No. 40-1, 469 U.S. 256, 258 (1984), the purpose of the statute was to compensate local governments for the loss of tax revenues resulting from the tax- immune status of federal lands located in their jurisdictions and for the cost of providing services related to these lands. As the Court also noted, the Federal Government had, for many years prior to the enactment of PILT, been providing payments to partially compensate state and local governments for revenues lost as a result of the presence of tax-exempt federal lands within their borders, but Congress and others had identified a number of flaws in the existing programs. Prominent among congressional concerns was that, under systems of direct payment to the States, local governments often received funds that were insufficient to cover the full cost of maintaining the federal lands within their jurisdictions. Kane County is a county located in the U.S. state of Utah. As of the 2010 census, the population was 7,125. Its county seat and largest city is Kanab. The county was named for Col. Thomas L. Kane, a friend of the Mormon settlers.[BN] The Plaintiff is represented by: Alan I. Saltman, Esq. Robert O. Fleming, Esq. SMITH, CURRIE & HANCOCK LLP 1025 Connecticut Avenue, N.W., Suite 600 Washington, D.C. 20036 Telephone: (202) 452 2140 Facsimile: (202) 775 8217 E-mail: aisaltman@smithcurrie.com rofleming@smithcurrie.com VIRGINIA SENTENCING: "Walker" Suit vs. Corrections Dept Filed ------------------------------------------------------------- A class action lawsuit has been filed against Virginia Sentencing Commission. The case is captioned as, Gary Lamont Walker, In Propria persona, Sui Juris And all others Similarly situated, the Plaintiff, v. Virginia Sentencing Commission, Official and Individual Capacity; Virginia Parole Board, Official and Individual Capacity; Supreme Court of Virginia, Official and Individual Capacity; Supreme Court Justices, Official and Individual Capacity; Virginia Legislatures, Official and Individual Capacity; Virginia Department of Corrrections, Official and Individual Capacity; Director for Virginia DOC, Official and Individual Capacity; Circuit Court Judges, Official and Individual Capacity; Virginia Commonwealths Attorney Official and Individual Capacity; Circuit Courts of Virginia, Official and Individual Capacity; and Attorney General for Commonwealth of Virginia Official and Individual Capacity, the Defendants, Case No. 1:17-cv-01470-LMB-JFA (E.D. Va., Dec. 16, 2017). The case is assigned to the Hon. Judge Leonie M. Brinkema. The Virginia Criminal Sentencing Commission was established during the September 1994 Special Session of the Virginia General Assembly. The Commission develops and maintains the Sentencing Guidelines system designed to assist judges as they make criminal sentencing decisions for felony offenders.[BN] The Plaintiff appears pro se. VOLKSWAGEN CANADA: Class-Action Settlement in Diesel Scandal ------------------------------------------------------------ Greg Layson, writing for Automotive News, reports that Volkswagen Canada says it reached a class-action settlement in principal with about 20,000 owners and lessees of 3.0-liter diesel vehicles that were equipped with software that allowed them to spew more than the legal limit of emissions into the air. The settlement includes cash payments -- the amounts haven't yet been disclosed -- for owners and lessees of VW, Audi and Porsche 3.0-liter diesel vehicles from the model years 2013-2016. This is the latest North American legal shoe to drop in the global VW diesel emissions scandal that emerged in September 2015. The scandal now stands to cost VW about $30 billion in legal settlements, reimbursements, fines and buybacks. In Canada, owners and lessees of VW and Audi Generation One 3.0- liter vehicles from 2009-2012 model years will receive undisclosed cash payments as well as additional options that include buyback, trade-in, early lease termination or a modification to reduce emissions, if such modification is approved by U.S. regulators. Even those people who no longer own or lease a Generation One or Generation Two 3.0-liter diesel vehicle are eligible for cash payment. The automaker and lawyers are working to finalize a proposed settlement agreement that will be submitted for their pre- approval in courts in Ontario and Quebec. "Owners and lessees of the affected vehicles wishing to make a claim for benefits do not need to take any action at this time," VW Canada said. The settlement coincides with the fix the U.S. Environmental Protection Agency and the California Air Resources Board approved for the Generation Two 3.0-liter engines on Dec. 19. Canadian regulators routinely accept the U.S.-approved fixes and emissions standards. Owners and lessees with Generation Two vehicles may receive the emissions repair recall for their Volkswagen Touareg (model years 2013-2016), Audi Q7 (model years 2013-2015) and Porsche Cayenne (model years 2013-2016) 3.0L diesel vehicles as soon as it launches in Canada without losing any right to a cash payment under the proposed settlement, Volkswagen Canada said. Additional notice will be provided when the recall launches in Canada for the Audi A6, A7, A8, A8L and Q5 (model years 2014- 2016). [GN] WHOLE FOODS: Fails to Timely Pay Wages, Scott Says -------------------------------------------------- Dwayne J. Scott and Derell J. Meynard, individually and on behalf of all others similarly situated, the Plaintiff, v. Whole Foods Market Group, Inc., the Defendant, Case No. 2:18-cv-00086 (E.D.N.Y., Jan. 5, 2018), seeks to recover liquidated damages, reasonable attorneys' fees, costs, and pre-judgment and post- judgment interest for failure to timely pay wages under New York Labor Law. According to the complaint, the Plaintiffs and the Class were manual workers as defined by the NYLL. The Plaintiffs and the Class were entitled to be paid on a weekly basis and no later than seven days after the workweek in which the wages were earned. The Defendant willfully failed to pay the Plaintiffs and the Class as frequently as required by NYLL. The Defendant willfully failed to pay wages to the Plaintiffs and the Class within seven days after the end of each workweek in which wages were earned as required by NYLL. The Defendant operates a nationwide chain of grocery stores.[BN] The Plaintiff is represented by: Steven John Moser, Esq. MOSER LAW FIRM, P.C. 3 School Street, Suite 207B Glen Cove, NY 11542 Telephone: (516) 671 1150 E-mail: smoser@moseremploymentlaw.com WESTFIELD LLC: Faces "Henkin" Suit Over Failure to Pay Overtime --------------------------------------------------------------- Sonia Henkin, individually, and on behalf of other members of the general public similarly situated v. Westfield, LLC, Westfield Corp., and Does 1 through 100, inclusive, Case No. BC686156 (Cal. Super. Ct., December 8, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the California Labor Code. The Defendants own and operate a shopping center in Los Angeles, California. [BN] The Plaintiff is represented by: Edwin Aiwazian, Esq. LAWYERS for JUSTICE, PC 410 West Arden Avenue, Suite 203 Glendale, CA 91203 Telephone: (818) 265-1020 Facsimile: (818) 265-1021 E-mail: lfj@lfjpc.com - and - Amir Nayebdadash, Esq. Heather Davis, Esq. PROTECTION LAW GROUP LLP 136 Main Street, Suite A El Segundo, CA 90245 Telephone: (424) 290-3095 Facsimile: (866) 264-7880 E-mail: amir@protectionlawgroup.com heather@protectionlawgroup.com WOODFOREST BANK: Class Action Lawsuit Filed ------------------------------------------- Atlanta-based law firm Webb, Klase & Lemond, LLC, and Houston- based law firm Meade & Neese LLP have filed a class action lawsuit against Woodforest National Bank ("Woodforest Bank") and its former payment processing affiliate Merchants' Choice Payment Solutions ("Merchants' Choice") alleging they perpetrate a widespread fraudulent scheme of inducing small businesses to enroll in their services through a telephone fraud ring. Merchants' Choice is one of the largest payment processors in the country, with 70,000 merchants signed up. The Class Action Complaint states that Woodforest Bank sold Merchants' Choice for $470 million to Paysafe Group, PLC in August of 2017, but the claims in the lawsuit extend back several years pursuant to the applicable statutes of limitations. The price paid for Merchants' Choice equaled nearly $7,000 per merchant customer. After the Merchants' Choice purchase, Paysafe Group, PLC agreed to be purchased by a consortium led by Blackstone Group LP and CVC Capital Partners. The suit alleges that Woodforest Bank and Merchants' Choice trained their agents to cold call small businesses and falsely indicate they are affiliated with the businesses' current payment processor. According to the suit, Defendants' agents then inform such merchants that they either need to update their equipment to maintain regulatory compliance or need to reapply in order to avoid fee increases. The paperwork which is then sent by Defendants is in reality a new contract with Defendants. The suit alleges such misrepresentations cause businesses to unknowingly enter new contracts, often resulting in businesses paying monthly fees to both Merchants' Choice and the actual processor for the same service. The suit further alleges that Merchants' Choice does not even adhere to the payment processing fees referenced in the bogus promotional materials and contracts, but instead charges much higher fees. The lawsuit describes multiple regulatory enforcement actions against Woodforest Bank and Merchants' Choice, as well as a Better Business Bureau alert, hundreds of complaints by victims, and a documentary exposÇ by a business group. The lawsuit also brings claims for a second class of Merchants' Choice customers that knowingly signed up for payment processing services. These customers are alleged to have been victims of a bait and switch, pursuant to which promotional materials and contractual documents promised certain rates and fees but Defendants actually charged higher amounts. The Class Action Complaint alleges that Woodforest Bank and Merchants' Choice have perpetrated the same schemes across the country and brings causes of action for fraud, misrepresentation, breach of contract, and unjust enrichment. On behalf of themselves and the class members, the Plaintiffs seek rescission of fraudulently induced contracts and the return of all improper fees paid to the Defendants. The case, styled Al's Pals Pet Care, LLC, et al. v. Woodforest National Bank, N.A., et al., is pending in the United States District Court for the Southern District of Texas and has been assigned case number 4:17-cv-03852. [GN] WORKFORCE RESOURCES: "Jamil" Suit Moved to S.D. California ---------------------------------------------------------- The class action lawsuit titled Ahmad Jawad Abdul Jamil, Ahmad Jamshid Abdul Jamil, and Ahmad Farhad Abdul Jamil, individually and on behalf of all employees similarly situated, the Plaintiffs. v. Workforce Resources, LLC, a California Limited Liability Company; Bristol Bay Native Corporation; and Does 1 through 10, inclusive, Case No. 37-02017-00036148-CU-OE-CTL, was removed from Superior Court of California, County of San Diego, to the U.S. District Court for the Southern District of California (San Diego) on Jan. 4, 2018. The case is assigned to the Hon. Judge Janis L. Sammartino. The District Court Clerk assigned Case No. 3:18-cv-00027-JLS-NLS to the proceeding.[BN] The Plaintiffs are represented by: Treana L. Allen, Esq. MAHONEY LAW GROUP, APC 249 E. Ocean Boulevard, Suite 814 Long Beach, CA 90802 Telephone: (562) 590 5550 Facsimile: (562) 590 8400 The Defendants are represented by: Matthew B. Riley, Esq. LITTLER MENDELSON, P.C 501 West Broadway, Suite 900 San Diego, CA 92101 Telephone: (619) 232 0441 Facsimile: (619) 924 2744 E-mail: mriley@littler.com XCELIGENT INC: Employee Files Class-Action Lawsuit -------------------------------------------------- Konrad Putzier, writing for The Real Deal New York, reports that a former Xceligent employee filed a class-action lawsuit against the data company and its British parent, the Daily Mail and General Trust, over its abrupt closure and mass layoffs. Last December 21, workers were informed Xceligent is filing for Chapter 7 liquidation and that they were "separated from employment effective immediately." The company gave its employees 30 minutes to collect belongings and leave the building. The lawsuit, filed by Missouri-based former Xceligent field researcher Jean Morris on behalf of around 500 employees in Delaware federal bankruptcy court, alleges that DMGT violated the Worker Adjustment and Retraining Notification (WARN) Act by not giving them at least 60 days notice that they would lose their jobs. The suit seeks up to 60 days' pay and retirement and health benefits. "DMGT did not shut down Xceligent," a spokesperson for DMGT said Friday. "The Xceligent board decided to file for Chapter 7. The allegation relating to WARN is therefore against Xceligent." DMGT, which owns the tabloid Daily Mail, had bemoaned Xceligent's "disappointing" expansion into New York City and had written the carrying value of Xceligent down to zero in November. Xceligent folded amid a costly legal battle with CoStar Group, which claims the rival data company stole its images. CoStar intends to continue the litigation, and its legal filings indicate that it will now turn its attention to DMGT. "While the bankruptcy has stayed the case against Xceligent, CoStar will continue legal efforts to hold accountable those involved in the theft of its intellectual property," a CoStar spokesperson said. [GN] YUME INC: "McCrary" Suit Seeks to Enjoin Merger with RhythmOne -------------------------------------------------------------- LONNIE MCCRARY, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. YUME, INC., ERIC B. SINGER, CHRISTOPHER B. PAISLEY, DANIEL D. SPRINGER, JAYANT KADAMBI, ADRIEL G. LARES, MITCHELL J. HABIB, AYYAPPAN SANKARAN, and ELIAS N. NADER, the Defendants, Case No. 4:18-cv-00130-JSW (N.D. Cal., Jan. 5, 2018), seeks to enjoin Defendants from holding the shareholder vote on a Proposed Transaction and taking any steps to consummate the Proposed Transaction unless and until material information is disclosed to YuMe's stockholders sufficiently in advance of the vote on the Proposed Transaction or, in the event the Proposed Transaction is consummated, to recover damages resulting from the Defendants' violations of the Exchange Act. According to the complaint, on September 5, 2017, YuMe and RhythmOne issued a joint press release announcing that they had entered into an agreement and plan of merger and reorganization. Pursuant to the terms of the Merger Agreement, Purchaser will acquire all issued and outstanding shares of YuMe common stock, with each share of YuMe common stock exchange for the right to receive: (i) $1.70 in cash; and (ii) 7.325 ordinary shares ú0.10 each in the capital of RhythmOne, plus cash in lieu of any fractional shares of RhythmOne Stock, in each case, without interest. As a result, each share of YuMe common stock has an implied value of $5.20 per share. The Proposed Transaction is valued at approximately $185 million. On December 26, 2017, in order to convince YuMe stockholders to tender their shares, the Board authorized the filing of a materially incomplete and misleading Form F-4 Registration Statement with the SEC. Subsequently, on January 4, 2018, Defendants authorized the filing of a materially incomplete and misleading Form F-4/A Registration Statement with the SEC, in violation of Sections 14(a) and 20(a) of the Exchange Act. 3. In particular, the F-4 contains materially incomplete and misleading information concerning: (i) financial projections for RhythmOne; and (ii) the valuation analyses performed by the Company's financial advisor, Deutsche Bank Securities Inc., in support of their fairness opinion; and (iii) the background process leading to the Proposed Transaction. YuMe is a provider of digital video brand advertising. The company's solutions for video advertising campaigns are targeted at both supply-side and the demand-side customers.[BN] The Plaintiff is represented by: David E. Bower, Esq. MONTEVERDE & ASSOCIATES PC 600 Corporate Pointe, Suite 1170 Culver City, CA 90230 Telephone: (213) 446 6652 Facsimile: (212) 202 7880 ********* 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, Jessenius Pulido, Noemi Irene A. Adala, Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche Maricon Castillon-Lopez, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2018. 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. * * * End of Transmission * * *