/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/180118.mbx C L A S S A C T I O N R E P O R T E R Thursday, January 18, 2018, Vol. 20, No. 14 Headlines ACE PARKING: Violates FCRA Over Credit Transactions, Samo Alleges ALLIED COLLECTION & CREDIT: "Harris" Suit Underway in Georgia ALLSTATE INDEMNITY: Accused of Illegal Deductions by "Metayer" ALLSTATE INSURANCE: Court Certifies TCPA Class in "Etter" Suit ALUTIIQ LLC: "Johnson" Suit Underway in California State Court AMERICAN AIRLINES: Kowalski Sues over Biometric Info Collection ASSET CAMPUS: "Garcia" Sues Over Unsolicited SMS Ads ATBCOIN LLC: Faces Class Action Over Initial Coin Offering AVENUE J REALTY: "Williams" Suit over Mall Access Underway BANK OF AMERICA: Loan Officers Class Certified in "McLeod" Suit BAY AREA TOLL: "Kendrick" Privacy Suit Underway BABCOCK & WILCOX: "Downey" Sues Over Undisclosed Background Check BIG PHARMA: Philadelphia, Neshoba County Join Opioid Class Action CALATLANTIC GROUP: Rigrodsky & Long Files Securities Class Action CAPITAL MANAGEMENT: Debt Collection Not Legal, "Leuis" Claims CHARTER COMMUNICATIONS: Underpays Dispatchers, Geiger Claims CHEVRON PRODUCTS: March 22 Conference in Suit over Oil Fees CLEANNET USA: "Castillo" Wage-and-Hour Suit Removed to N.D. Cal. CLECO CORP: Court Decision in Merger Class Action Remanded CONDOCERTS.COM: ICPA Document Fees Inflated, Ahrendt Complains CREDIT COLLECTION: Class Certification Sought in "Schneider" Suit CYPRESS SECURITY: May 11 Case Management Conference in "Aslam" DICKINSON, ND: Property Owner Raises Funds for Class Action DOLLAR FIESTA: "Portillo" Suit Seeks to Recover OT Pay Under FLSA DSA MANAGEMENT: Jackson Drops Wages Suit in State Court EAST WEST TEA: Mislabels Tea Products, "Cohen" Suit Claims EXACTECH INC: Faces Class Action Over Securities Law Violations FIRST NATIONAL: "Jackson" Plaintiffs May Seek Default Judgment FORSTER & GARBUS: Class and Two Subclasses Certified in "Winslow" GENOCEA BIOSCIENCES: Investors File Securities Class Action GLOBAL INNOVATIVE: Alleges Racial Discrimination, Spencer Claims GLOBAL DIGITAL: "Hull" Class Action Dismissed GOOGLE LLC: Adtrader Sues Over Unrealized Ad Revenue GOTHAM PIZZA: Feb. 23 Initial Conference in "Sapon" Wages Suit GRADE A: Court Denies Class Cert. Bid in "de Leon" Suit GUITA CONSTRUCTION: Fails to Pay Proper Overtime, Cabrera Claims H & M HENNES: Lao Seeks to Certify Class & Subclasses of Workers HERBALIFE INT'L: Files Motion to Dismiss Florida Class Action HOFSTRA UNIVERSITY: Answer to "Delacruz" Suit Due Feb. 9 HOUSLANGER AND ASSOCIATES: "Sanders" FDCPA Suit Underway ISLANDWIDE BUILDING: Doesn't Pay Laborers for OT, Astudillo Says J&L COLLECTION: Brenner Disputes Ambiguous Collection Letter KEYTRONICEMS: Faces "Vang" Class Suit Over Failure to Pay OT LA SOUTHPARK HIGH-RISE: Navarro Suit over Lease Charges Underway LEBANON DELIGHTS: Gillard Joins Class Suit over Servers' Pay LOBLAW COS: Law Firms Warn People on $25 Gift Cards LOEWS CORP: Sued by "Fox" Over Illegal Gratuity Charges LUMBER LIQUIDATORS: Faces "Kramer" Suit in California State Court MANGOES CAFE: Morales et al. Sue over Employment Contributions MARATHON OIL: "Taylor" Suit Seeks to Recoup Unpaid Overtime Wages MARKETRON BROADCAST: Class Certification Sought in "Reese" Suit MARRIOTT INTERNATIONAL: "Hart" Suit Underway in C.D. California MDL 2800: "Zweig" Suit v. Equifax Transferred to N.D. Georgia MICHAEL'S FAMILY RESTAURANT: Blofstein Seeks Unpaid OT Pay, Tips MIDWEST RECOVERY: Qualls' Cert. Bid Withdrawn; Hearing on Mar. 13 MONSANTO COMPANY: Llamas Sues Over Roundup(R)-Related Lymphoma MYPIZZA TECH: Pap's Cafe Suit over Junk Faxes Dismissed MYPIZZA TECH: Junk Fax Suit Refiled in Illinois State Court NDT GLOBAL: Fails to Pay Engineers for Overtime, Hunt Claims NEW YORK, NY: Faces "Richardson" Discrimination Suit vs. FDNY NORTHLAND GROUP: Certification of Class Sought in "Torres" Suit NORTH PORT RETIREMENT: Morgan Moves for Certification of Class NUMEREX CORP: "Litwin" Securities Class Suit Dismissed NVR INC: "Smith" Suit over Defective Homes Underway OCWEN FINANCIAL: Finalizes Class Action Settlement PLANET PAYMENT: Elser Drops Securities Class Action POTPOURRI VILLAGE: "Plauche" Wage-and-Hour Suit Underway PROCTER AND GAMBLE: Falsely Marketed Ivory(R) Products, Suit Says PROFESSIONAL PLACEMENT: Schneider Moves for Class Certification PROJECT RESOURCES: "Avila" Suit Seeks Unpaid Overtime Wages RMI INTERNATIONAL: Fails to Timely Pay Wages, Ekladyous Claims SAN FRANCISCO, CA: "Carroll" Pension Suit Underway SAULSBURY INDUSTRIES: Class of Workers Certified in "Kilmon" Suit SOUTH STAR LOGISTICS: "Carrillo" Wage-and-Hour Suit Underway SPECIALTY HOME: Paolercio Suit Alleges FLSA and ERISA Violations STARZ ENTERTAINMENT: Illegally Charges Consumers, Roberts Alleges STEEL PARTNERS: Faces "Pill" Suit Over Handy & Harman Merger Plan SURNAIK HOLDINGS: "Snider" Suit Underway in S.D. West Virginia SURVEILLANCE SECURITY: "Aslam" Suit in Cal. State Court Underway SYMANTEC CORP: March 9 Conference in "Nathan" Auto Renewal Suit TATA CONSULTANCY: Faces US Class Action Over Anti-American Bias TERRANEA RESORT: Accused of Exploiting Foreign Exchange Interns TOSHIBA CORP: U.S. Residents Launch Suit Over Nuclear Project TRANS WORLD: "Spack" Class Suit Transferred to N.D. New York UCI KITCHEN & BATH: Discovery Plan Okayed in "Lorenzo" Labor Suit UNIVERSAL METRICS: Bonnett Sues Over Shaved Off Time UNO RESTAURANT: Alvarez Moves to Certify Bussers & Servers Class URBAN SPACE: "McClendon" Suit Seeks to Recover Unpaid Overtime VAN RU CREDIT: Certification of Class Sought in "Al" Suit WAGNER COLLEGE: Feb. 2 Case Conference in "Delacruz" Suit WEST KENDALL IMPORTS: "Rodas" Labor Suit Removed to S.D. Fla. WHITE GLOVE ENTERPRISE: "Arboleda" Suit Underway in N.Y. WILLIS TOWERS: CEO Haley et al. Must Answer Suit by Feb. 20 WM MORRISONS: Still Liable for Employee's Data Breach, Court Says WORLDWIDE CAPITAL: Accused by "Milosch" Suit of Privacy Invasion YOUGOZ GROUP: Faces "Williams" Suit Over Failure to Pay Overtime ZACKS INVESTMENT: Feb. 16 Settlement Opt-Out Deadline Set ********* ACE PARKING: Violates FCRA Over Credit Transactions, Samo Alleges ----------------------------------------------------------------- JOSEPH SAMO, individually and on behalf of all others similarly situated v. ACE PARKING MANAGEMENT, INC., Case No. 3:17-cv-02414- WQH-BLM (S.D. Cal., December 1, 2017), alleges violations of the Fair and Accurate Credit Transactions Act amendment to the Fair Credit Reporting Act. Specifically, the action is based upon Section 1681c(g), which states that, "no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction." Despite the clear language of the statute, the Defendants willfully chose not to comply, the Plaintiff contends. He asserts that he and other individuals that used a credit card or debit card to pay for parking at the Defendant's facility suffered violations of Section 1681c(g). Ace Parking Management, Inc., is a corporation based in San Diego, California. Ace Parking manages over 450 lots and garages across the U.S., and services nearly 250,000 customers per day.[BN] The Plaintiff is represented by: Joshua B. Swigart, Esq. Yana A. Hart, Esq. HYDE & SWIGART APC 2221 Camino Del Rio South, Suite 101 San Diego, CA 92108 Telephone: (619) 233-7770 Facsimile: (619) 297-1022 E-mail: josh@westcoastlitigation.com yana@westcoastlitigation.com - and - Quintin Shammam, Esq. LAW OFFICES OF QUINTIN G. SHAMMAM 2221 Camino Del Rio South, #207 San Diego, CA 92108 Telephone: (619) 444-0001 Facsimile: (619) 501-1119 E-mail: Quintin@ShammamLaw.com - and - Abbas Kazerounian, Esq. KAZEROUNI LAW GROUP, APC 245 Fischer Avenue Costa Mesa, CA 92626 Telephone: (800) 400-6808 Facsimile: (800) 520-5523 E-mail: ak@kazlg.com ALLIED COLLECTION & CREDIT: "Harris" Suit Underway in Georgia ------------------------------------------------------------- A class action over consumer credit has been filed against Allied Collection & Credit Bureau, Inc. The case is titled as Cynthia Harris, individually and on behalf of all others similarly situated, the Plaintiff, v. Allied Collection & Credit Bureau, Inc. and John Does 1-25, the Defendant, Case No. 1:17-cv-03897- LMM-AJB, (N.D. Ga., October 4, 2017). Plaintiff brings this class action on behalf of a class of Georgia consumers under 15 U.S.C. Sec. 1692 et seq., commonly referred to as the Fair Debt Collections Practices Act. The case is assigned to Judge Leigh Martin May.[BN] Plaintiff is represented by: Jonathan Braxton Mason, Esq. MASON LAW GROUP, LLC 1100 Peachtree Street, NE Suite 200 Atlanta, GA 30309 Telephone: (404) 920-8040 Facsimile: (404) 920-8039 Email: jmason@atlshowbizlaw.com ALLSTATE INDEMNITY: Accused of Illegal Deductions by "Metayer" -------------------------------------------------------------- Coastal Wellness Centers, Inc. and Ricardo Metayer, behalf of itself and all others similarly situated, Plaintiff, v. Allstate Indemnity Company, Defendant, Case No. 17-cv-62459 (S.D. Fla., December 13, 2017), seeks to recover declaratory and injunctive relief, breach of contract and compensatory damages in breach of contract. Coastal Wellness, is a Florida corporation providing chiropractic services with its principal place of business in Coral Springs, Broward County, Florida. Metayer was a patient at Coastal Wellness under an automobile insurance policy issued by Allstate. Instead of applying its insureds' $1000 deductible to 100 percent of the expenses incurred at Coastal, Defendant improperly reduced the total billed amount by first applying the reimbursement limitations and then subtracted the $1000 deductible. The subject payments were improperly reduced in direct violation of Allstate Indemnity's insurance policy. [BN] Plaintiff is represented by: Tod Aronovitz, Esq. Barbara Perez, Esq. ARONOVITZ LAW 2 South Biscayne Boulevard One Biscayne Tower, Suite 3700 Miami, FL 33131 Tel: 305-372-2772 Fax: 305-397-1886 Email: ta@aonovitzlaw.com bp@aronovitzlaw.com - and - Theophilos Poulopoulos, Esq. SCHILLER, KESSLER & GOMEZ, PLC 7501 W. Oakland Park Boulevard Suite 201 Ft. Lauderdale, FL 33319 Tel: 954-933-3000 Fax: 954-667-5805 Email: theo@injuredinflorida.com ALLSTATE INSURANCE: Court Certifies TCPA Class in "Etter" Suit -------------------------------------------------------------- The Hon. William Alsup granted in part and denied in part the Plaintiff's motion to certify two separate classes in the lawsuit titled JOHN C. ETTER, individually and on behalf of all others similarly situated v. ALLSTATE INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, ALLSTATE NORTHBROOK INDEMNITY COMPANY, ALLSTATE INSURANCE COMPANY OF CALIFORNIA, LOUIS ODIASE, and DOES 1-5, Case No. 3:17-cv-00184-WHA (N.D. Cal.). The lawsuit is brought for alleged violations of the Telephone Consumer Protection Act. Judge Alsup certified this class: All persons or entities successfully sent a facsimile on or about October 11, 2016, stating, "potentially save 40-60% off your Commercial auto insurance," "fill out the form below" and "FAX YOUR REQUEST TO: 510-234-0518, TEL 510-234-0516, OR EMAIL: A026315@ALLSTATE.COM," and "If you wish to be removed from our Fax list, please call 888-828-3086." The class definition shall apply for all purposes, including settlement, Judge Alsup says. Plaintiff John Etter is appointed as class representative and his counsel from the law firms of Anderson + Wanca and Schubert Jonckheer & Kolbe LLP are appointed as class counsel, with Anderson + Wanca as lead counsel. Judge Alsup, however, denied the Plaintiff's motion to certify proposed Class A because he lacks standing. The parties shall jointly submit a proposal for class notification, with the plan to distribute notice by January 25, 2018. In crafting their joint proposal, counsel shall please keep in mind the judge's guidelines for notice to class members in the "Notice Regarding Factors to be Evaluated for Any Proposed Class Settlement," according to the order. The Court also denied Allstate's request to strike Robert Biggerstaff's report and references thereto in Etter's reply brief. Robert Biggerstaff is Mr. Etter's forensics expert. Since this order does not rely on Biggerstaff's rebuttal report even for limited purpose, Allstate's request to strike that report and references thereto in Etter's reply brief is denied as moot. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=fVofdVtD ALUTIIQ LLC: "Johnson" Suit Underway in California State Court -------------------------------------------------------------- A class action has been filed against Alutiiq, LLC. The case is titled as Kimberly Joy Johnson on behalf of herself and all other members of the general public similarly situated, the Plaintiff, v. Alutiiq Technical Services. LLC; Alutiiq, LLC and Does 1 to 100, the Defendants, Case No. 34-2017-00222425-CU-OE-GDS, (Cal. Sup. Ct., November 17, 2017). The case is assigned to Department 35.[BN] AMERICAN AIRLINES: Kowalski Sues over Biometric Info Collection --------------------------------------------------------------- The Hon. Rebecca R. Pallmeyer in a Minute Entry dated Jan. 2 held that by agreement, American Airlines Inc.'s motion to dismiss the class action lawsuit captioned, Kowalski v. American Airlines, Inc., Case No. 17-cv-09080 (N.D. Ill.), is entered and continued for briefing. Plaintiff's opposition to the Motion to Dismiss is due to be filed by or on Feb. 8. American's reply is due Feb. 22. Judge Pallmeyer said the Initial status hearing set for Jan. 22 is stricken. The case was originally filed in state court and captioned, Edward Kowalski, individually and on behalf of a class of similarly situated individuals, the Plaintiff, v. American Airlines, Inc., the Defendant, Case No. 2017CH15328, (Circuit Court of Cook County Illinois, November 17, 2017). American removed the case to federal court on Dec. 18. The case seeks damages, injunction, attorneys' fees, costs and other litigation expenses for Defendant's alleged violation of the Biometric Information Privacy Act (BIPA). The Plaintiff, individually and on behalf of other similarly situated individuals, seeks to stop Defendant's capture, collection, use, and storage of individuals' biometric identifiers and/or biometric information in violation of the Illinois Biometric Information Privacy Act and to obtain a redress for all persons injured by its conduct. Defendant's workers that include the Plaintiff are expected to scan their fingers to "clock-in" and "clock-out" of work every day. The privacy risks associated with a person's biometrics are unparalleled; such information is more sensitive than a social security number, a passport, a birth certificate, etc. As such, Illinois' BIPA statute requires private entities to provide certain disclosures and obtain a written release from individuals prior to collecting their biometric identifiers and/or biometric information. However, the Defendant did not make a written policy available to its workers or to the public establishing a retention schedule and guidelines for permanently destroying the biometric identifiers and biometric information that it collects, as required by BIPA.[BN] Plaintiff is represented by: Myles McGuire, Esq. Evan M. Meyers, Esq. MCGUIRE LAW, P.C. 55 W. Wacker Drive, 9th Fl. Chicago, IL 60601 Telephone: (312) 893-7002 Facsimile: (312) 275-7895 Email: mmcguire@mcgpc.com Email: emeyers@mcgpc.com Counsel for Defendant(s): Mark W. Robertson, Esq. Sloane Ackerman, Esq. O'MELVENY & MYERS LLP 7 Times Square New York, NY 10036 Telephone: (212) 326-4329 E-mail: mrobertson@omm.com sackerman@omm.com - and - Humberto H Ocariz, Esq. SHOOK, HARDY & BACON L.L.P. Suite 3200 201 South Biscayne Boulevard Miami, FL 33131 Telephone: (305) 358-7470 E-mail: hocariz@shb.com - and - Patrick J. Castle, Esq. SHOOK, HARDY & BACON LLP 111 South Wacker Drive Chicago, IL 60606 Telephone: (312) 704-7733 E-mail: docket@shb.com ASSET CAMPUS: "Garcia" Sues Over Unsolicited SMS Ads ---------------------------------------------------- Sandra Garcia, individually and on behalf of all others similarly situated, Plaintiff, v. Asset Campus Housing, Inc., Defendant, Case No. 17-cv-62451, (S.D. Fla., December 13, 2017), seeks monetary damages, restitution, punitive damages and injunctive relief against Defendant arising from violations of the Telephone Consumer Protection Act. Asset Campus Housing is a student housing management company with over 118,500 beds currently under management. On October 26, 2017, Defendant used an automated text-messaging platform to promote its services without Plaintiff's prior express written consent, says the complaint. [BN] Plaintiff is represented by: Manuel S. Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Boulevard, Suite 1400 Ft. Lauderdale, FL 33301 Telephone: (954) 400-4713 Email: mhiraldo@hiraldolaw.com - and - Andrew J. Shamis, Esq. SHAMIS & GENTILE, P.A. 14 NE 1st Avenue, Suite 400 Miami, FL 33132 Telephone: (305) 479-2299 Email: ashamis@shamisgentile.com ATBCOIN LLC: Faces Class Action Over Initial Coin Offering ---------------------------------------------------------- Brady Dale, writing for Coindesk, reports that following similar suits against Tezos and Centra, another initial coin offering that opted not to register with the Securities and Exchange Commission (SEC) faces a class-action lawsuit alleging its cryptocurrency should be considered a security. On December 21, Raymond Balestra filed a class action suit in the Southern District of New York against ATBCoin LLC, Edward Ng (CEO) and Herbert W. Hoover (co-founder). Seeking a jury trial from the court, the plaintiffs alleged that ATBCoin had violated the Securities Act by issuing unregistered securities with the expectation of profit in the form of the ATB coin and the placement of all remaining funds invested into a trust, in the interest of investors. The complaint alleges: "The ATB ICO was a clear offer and sale of securities because, inter alia [among other things], Defendants touted, and Plaintiff and other ATB ICO investors reasonably expected, that the ATB Coins received in exchange for their investments would be worth more than the ETH, BTC, LTC or other currencies invested." Offered as a fast and inexpensive blockchain-based payment system, ATB's initial coin offering launched on June 12, to run through July 12, according to a blog post. The plaintiffs alleged that the offering effectively continued into September, with a second phase in August and a press release on September 11 announcing it was still open to investment. On the ATB blog, the company announced that sales were closed on September 8 and that distribution would take place on September 14. The plaintiff invested 2.1 ETH on August 12 (approximately $621.62 at the time, according to CoinDesk's Ethereum Price Tracker). It is not known how many people invested or how much was raised, but the complaint estimated the total to be somewhere "between $20,400,000 and $24,210,000" in bitcoin, ether and litecoin. The case made similar allegations to those of other investors against other ICO projects such as Tezos and Centra Tech, in which similar arguments from plaintiffs were made that tokens offered by these ICOs should be seen as securities. In addition, legal experts also weighed in arguing that private complaints against initial coin offerings may force the courts to define which cryptocurrencies are considered as securities before the Securities and Exchange Commission (SEC). Drinker Biddle's Jim Lundy, a veteran of the SEC who represents clients in securities cases, told CoinDesk, that the complaint is "following a typical securities class action format for a public offering." He said, "This theory is that item itself, the ATB Coin, is a security. I don't doubt that the defendants will move to dismiss that, and the judge will have to rule." Participants in the crypto-economy have been waiting for greater clarity from the courts or the SEC on which kinds of coins are securities under U.S. law. Even getting to that ruling is likely to take months, however. Another SEC veteran, Timothy Peterson -- tpeterson@mmlawus.com -- now of Murphy & McGonigle, agreed that a motion to dismiss should come shortly, adding that "it's likely the court will look at the SEC's 21(a) report on DAO for guidance, but it's important to note that the 21(a) report is not controlling. That is, the court can come to its own conclusions about what is and what is not a security for purposes of federal securities law." Peterson concluded: "I think we can expect to see more of these complaints in the future, especially once courts begin to carve out tests to define how cryptocurrencies should be regulated or examined. More facts will need to come out before it's fair to comment on the merits of these particular allegations." [GN] AVENUE J REALTY: "Williams" Suit over Mall Access Underway ---------------------------------------------------------- Avenue J Realty Associates, L.P.'s answer is due January 18, 2018, in the case, Bryan Williams, individually and on behalf of all other individuals similarly situated, the Plaintiff, v. Avenue J Realty Associates, L.P, the Defendant, Case No. 2:17-cv- 06718-DLI-ST, (E.D.N.Y., November 16, 2017). The lawsuit seeks injunctive relief including attorney's fees, litigation expenses and costs, for Defendant's alleged violation of the Americans with Disabilities Act (ADA). The Plaintiff is an individual with disabilities as defined by the ADA. He is unable to ambulate and is wheelchair bound. The Defendant owns, operates, or leases to, a shopping center known as Ralph Shopping Plaza. The Plaintiff visited the Defendant's property where he encountered architectural barriers, which endangered his safety and impaired his ability to park safely at the premises, access the premises safely, use restrooms safely, and access goods and services at the premises. The Plaintiff contends that the Defendant is responsible for complying with the obligations of the ADA. The Plaintiff desires to visit the Ralph Shopping Plaza not only to avail himself of the goods and services available at the property, but to assure himself that this property is in compliance with the ADA so that he and others similarly situated will have full and equal enjoyment of the property without fear of discrimination. The Case has been reassigned to Chief Judge Dora Lizette Irizarry and Magistrate Judge Steven Tiscione for all further proceedings. [BN] Plaintiff is represented by: Keith Harris, Esq. BRAFF, HARRIS, SUKONECK & MALOOF 570 W Mount Pleasant Avenue, Ste 200 Livingston, NJ 07039 Telephone: (973) 994-6677 Facsimile: (973) 994-1296 Email: khmTi.s@blism-law.com - and - Lawrence A. Fuller, Esq. FULLER, FULLER & ASSOCIATES, P.A. 12000 Biscayne Blvd., Suite 502 North Miami, FL 33181 Telephone: (305) 891-5199 Facsimile: (305) 893-9505 Email: Lfuller@fullerfUller.com Avenue J Realty is represented by: David S. Kasdan, Esq. Hoey, King, Epstein, Prezioso & Marquez 55 Water Street, 29th Floor New York, NY 10041 Telephone: (212) 612-4448 Facsimile: (212) 612-4284 E-mail: dkasdan@hoeyking.com BANK OF AMERICA: Loan Officers Class Certified in "McLeod" Suit --------------------------------------------------------------- The Hon. Edward M. Chen grants the Plaintiff's motion for class certification and appointment of class counsel in the lawsuit entitled GINA MCLEOD v. BANK OF AMERICA, N.A., Case No. 3:16-cv- 03294-EMC (N.D. Cal.). The certified class consists of: All persons who are or have been employed, at any time from May 9, 2012 through the date of the Court's granting of class certification in this matter, by Bank of America, National Association ("Bank of America") in California under the job titles Loan Officer, Senior Loan Officer, Mortgage Loan Officer, Senior Mortgage Loan Officer, and Senior Lending Officer (collectively "Loan Officers" or "Class Members"). To summarize the Court's opinion, the Court certifies these questions for resolution on a class-wide basis under Rule 23(a) and Rule 23(b)(3) of the Federal Rules of Civil Procedure with respect to the Plaintiff's claims under Section 2802 of the California Labor Code and the California Unfair Competition Law: 1. Whether there was a regular practice of not reimbursing Loan Officers for mileage incurred and reimbursable under Section 2802; 2. Whether Defendant had constructive notice of unreimbursed mileage incurred by Loan Officers in the discharge of their duties; 3. Whether Defendant's constructive notice gave rise to a duty of due diligence under Section 2802; 4. Whether Defendant's system-wide efforts (or lack thereof) satisfied its duty of due diligence under Section 2802; and 5. Whether, in light of questions 1-4, Defendant violated California Labor Code Section 2802 and the UCL. The Court appoints Plaintiff Gina McLeod to represent the Class and Leonard Carder, LLP, as Class Counsel. The parties shall appear at a Case Management Conference on January 18, 2018, at 10:30 a.m. A joint case management statement must be filed seven days before the hearing in accordance with the local rules. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=GKdsN9pL BAY AREA TOLL: "Kendrick" Privacy Suit Underway ----------------------------------------------- Sumatra Kendrick and Michelle Kelly, individually on behalf of themselves and those similarly situated, the Plaintiffs, v. Bay Area Toll Authority, Golden Gate Bridge, Highway and Transportation District, Xerox State and Local Solutions Inc. Conduent State and Local Solutions Inc., and Does 1 to 100, the Defendants, Case No. CGC-17-562613, (Cal. Sup. Ct., November 21, 2017), seeks redress for Defendants' alleged violation of the right to privacy and protection of personally identifiable information under the California Streets and Highways Code and the Department of Motor Vehicles and the Franchise Tax Board. The class action emanates from the Toll Bridges in which Defendant Xerox provided the Toll Bridges with customer service and toll compliance services. The BATA and District Defendants were entwined with and directly managed Xerox's activities as challenged in the class action as Xerox operates the toll bridges. The complaint of the Plaintiffs states that from October 2010 to present date, Xerox actually provided PII of Plaintiffs and the Class Members to Other Unauthorized Parties. Further, the Defendant's administrative process is fatally flawed and unconstitutional and Plaintiffs are not required to exhaust any administrative procedures.[BN] Plaintiffs are represented by: Blake J. Lindemann, Esq. LINDEMANN LAW FIRM, APC 433 N. Camden Drive, 4th Floor Beverly Hills, CA 90210 Telephone: (310) 279-5269 Facsimile: (310) 300-0267 Email: blake@lawbl.com - and - Daren M. Schlecter, Esq. LAW OFFICE OF DAREN M. SCHLECTER, APC 1925 Century Park East, Suite 830 Los Angeles, CA 90067 Telephone: (310)-553-5747 BABCOCK & WILCOX: "Downey" Sues Over Undisclosed Background Check ----------------------------------------------------------------- Tim P. Downey, individually and on behalf of all others similarly situated, Plaintiff, v. Babcock & Wilcox Enterprises, Inc. and Sterling Infosystems, Inc., Defendants, Case No. 17-cv-00718, (W.D. N.C., December 13, 2017), seeks statutory and punitive damages, actual damages suffered due to Sterling's negligent and inaccurate reporting, and costs and reasonable attorneys' fees under the Fair Credit Reporting Act. B&W provides construction and support to entities in the power, industrial, and renewable businesses. It fills its staffing needs on projects with consumers like Plaintiff. As part of its hiring processes, B&W and its subsidiaries use background checks provided by Sterling. Plaintiff applied for a position as an Environmental Health and Safety Supervisor with B&W in February of 2016. Sterling adjudicated Plaintiff as "Adverse" because of criminal history it incorrectly attributed to him, thus denying employment with B&W. [BN] Plaintiff is represented by: Leonard A. Bennett, Esq. Craig C. Marchiando, Esq. Elizabeth W. Hanes, Esq. CONSUMER LITIGATION ASSOCIATES, P.C. 763 J. Clyde Morris Blvd., Ste. 1-A Newport News, VA 23601 Telephone: (757) 930-3660 Facsimile: (757) 930-3662 Email: lenbennett@clalegal.com craig@clalegal.com elizabeth@clalegal.com BIG PHARMA: Philadelphia, Neshoba County Join Opioid Class Action ----------------------------------------------------------------- The Neshoba Democrat reports that Philadelphia and Neshoba County are joining a nationwide class-action lawsuit against distributors of opioids in wake of what officials describe as a costly pandemic of abuse. The Board of Supervisors has hired Attorney Levin Papantonio, whose firm is based out of Pensacola, Fla., along with Attorney Wade White of Philadelphia. The Mayor and Board of Aldermen has hired the Jackson-based Bossier law firm, partnering with Mars, Mars and Mars of Philadelphia. The litigation comes at no cost to Philadelphia and Neshoba County, attorneys said. Distributors of opioid medications could be vulnerable to damage claims through the litigation to treat those who are addicted as well as to fund related emergency room and law enforcement expenses among others, officials said. In Neshoba County alone, the Centers for Disease Control and Prevention notes that there were 147.1 opioid prescriptions written for every 100 people during 2016. White said it had become apparent to supervisors through the jail population, Department of Human Services matters and hospital populations that the distributors have flooded the area with opioids, which are prescription-type drugs such as morphine, hydrocodone and oxycodone. The county began working with the Eighth District's Drug Court in August, hoping to utilize its database to show the impact the over exposure of opioids is having on Neshoba County, White said. "We have talked to Leake and Newton counties, who are in our Drug Court District, so that we can all go together and use the same firm," he said, noting that Mr. Papantonio is the lead counsel in the nationwide litigation. Mayor James A. Young strongly supports the litigation. "This is, hopefully, a way to rectify and maybe recoup some financial losses," he said, noting the number of addiction- related crimes the city has seen in 2016. "I think it sends a message that this is not a minor issue but a major issue that has to be addressed in every form that we can address it," Mr. Young said. "Hopefully, this will help get some funds back in for education and other things that will create a better atmosphere for our people." The growing impact of opioids in Neshoba County and other communities was discussed at a town hall meeting here earlier in December 2017 where an officer with the state Bureau of Narcotics told about 75 people in attendance that the nation was "on the brink of a super pandemic." Lt. Jon Harless of MBN said a super pandemic may sound like overkill to some people, but pointed out that Mad Cow disease and Asian Flu were at one time described as a pandemic. It costs $78.5 billion to treat and provide healthcare and/or incarcerate people nationwide who are addicted to opioids, he said. In 2016 alone, 45,087 opioid prescriptions were written in Neshoba County where the total population is 29,403. In many cases, opioid prescriptions are the doorway to addiction, Lt. Harless said. [GN] CALATLANTIC GROUP: Rigrodsky & Long Files Securities Class Action ----------------------------------------------------------------- Rigrodsky & Long, P.A., on Dec. 27 disclosed that it has filed a class action complaint in the United States District Court for the Eastern District of Virginia on behalf of holders of CalAtlantic Group, Inc. ("CalAtlantic") (NYSE:CAA) common stock in connection with the proposed acquisition of CalAtlantic by Lennar Corporation and its affiliate ("Lennar") announced on October 30, 2017 (the "Complaint"). The Complaint, which alleges violations of the Securities Exchange Act of 1934 against CalAtlantic, its Board of Directors (the "Board"), and Lennar, is captioned The Vladimir Gusinsky Rev. Trust v. CalAtlantic Group, Inc., Case No. 1:17-cv-01395 (E.D. Va.). If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiff's counsel, Seth D. Rigrodsky or Gina M. Serra at Rigrodsky & Long, P.A., 2 Righter Parkway, Suite 120, Wilmington, DE 19803, by telephone at (888) 969-4242, by e-mail at info@rl-legal.com, or at http://rigrodskylong.com/contact-us/. On October 29, 2017, CalAtlantic entered into an agreement and plan of merger (the "Merger Agreement") with Lennar. Pursuant to the terms of the Merger Agreement, shareholders of CalAtlantic will receive 0.885 shares of Class A common stock of Lennar or $48.26 in cash for each share of CalAtlantic they own (the "Proposed Transaction"). Among other things, the Complaint alleges that, in an attempt to secure shareholder support for the Proposed Transaction, defendants issued materially incomplete disclosures in a Form S-4 Registration Statement (the "Registration Statement") filed with the United States Securities and Exchange Commission. The Complaint alleges that the Registration Statement omits material information with respect to, among other things, CalAtlantic's and Lennar's financial projections and potential conflicts of interest. The Complaint seeks injunctive and equitable relief and damages on behalf of holders of CalAtlantic common stock. If you wish to serve as lead plaintiff, you must move the Court no later than February 26, 2018. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. Any member of the proposed class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member. With offices in Wilmington, Delaware and Garden City, New York, Rigrodsky & Long, P.A. -- http://www.rigrodskylong.com-- regularly prosecutes securities fraud, shareholder corporate, and shareholder derivative litigation on behalf of shareholders in state and federal courts throughout the United States. [GN] CAPITAL MANAGEMENT: Debt Collection Not Legal, "Leuis" Claims ------------------------------------------------------------- Gary Leuis, on behalf of himself and all others similarly situated, the Plaintiff, v. Capital Management Services, L.P., the Defendant, Case No. 2:17-cv-05815-SJF-SIL, (E.D.N.Y., October 4, 2017), seeks redress for defendant's alleged violation of the Fair Debt Collection Practices Act. The plaintiff's complaint alleges that the defendant, in an attempt to collect from the plaintiff money for a defaulted loan with Citibank, sent a debt collection letter to the plaintiff that does not inform that based upon the contract the original creditor was still assessing an interest on the account. The defendant's act violates the Fair Debt Collection Practices Act, the lawsuit says. The collection letter fails to indicate whether the alleged amount due is owed as principal, interest or some other charge. Further, the collection letter fails to indicate that the original creditor was still assessing interest on the account and fails to state whether it is going to continue to accumulate interest or to incur other costs. Thus, the plaintiff for himself and on behalf of other similarly situated persons alleges that he does not owe the debt or any debts to Citibank and that the attempted collection was false, deceptive, unfair and harassing and violated the FDCPA. On Oct. 25, 2017, Capital Management filed its answer to the Complaint. An initial case conference was held before Judge Sandra J. Feuerstein in Central Islip, N.Y., on Nov. 29. A further status conference was scheduled before Judge Feuerstein on Jan. 11. The Initial Conference was initially scheduled to be held Feb. 5 but was advanced to Nov. 29.[BN] Plaintiff is represented by: Joseph Mauro, Esq. THE LAW OFFICES OF JOSEPH MAURO, LLC 306 McCall Ave. West Islip, NY 11795 Telephone: (631) 669-0921 Capital Management Services is represented by: Aaron R Easley, Esq. SESSIONS FISHMAN NATHAN & ISRAEL LLC 3 Cross Creek Drive Flemington, NJ 08822 Telephone: (908) 237-1660 Facsimile: (908) 237-1663 E-mail: aeasley@sessions.legal CHARTER COMMUNICATIONS: Underpays Dispatchers, Geiger Claims ------------------------------------------------------------ Defendants Charter Communications, Inc., TWC Administration LLC, Charter Communications, LLC, Spectrum Management Holding Company LLC, removed the case captioned, Louis Geiger, Christina Gomez, Amanda Haynes, Priscilla Escarcega and Gara Booten, individually and on behalf of all others similarly situated, the Plaintiffs, v. Charter Communications, Inc.; Charter Communications, LLC; Spectrum Management Holinding Company, LLC and TWC Administration LLC, the Defendants, Case No. BC683546, (Cal. Sup. Ct., November 17, 2017), to the U.S. District Court for the Central District of California and assigned Case No. 2:18-cv-00158 on January 8, 2018. On Jan. 12, the case was reassigned from Judge Christina A. Snyder to Judge Dolly M. Gee for all further proceedings. The case seeks to recover wages, damages, penalties, attorneys' fees, litigation expenses and costs under the provisions of the California Labor Code, Industrial Welfare Commission, the California Business and Professional Code and the Private Attorney General Act. The Plaintiffs have worked for Defendants as dispatchers and were not provided with compliant with statutorily mandated meal and rest breaks, were not paid with legally mandated overtime and waiting time wages, did not receive accurate itemized wage statements and were not paid all wages earned and owed in a timely manner. The Plaintiffs and the class members are non- exempt employees.[BN] Plaintiffs are represented by: George P. Moschopoulos, Esq. THE LAW OFFICE OF GEORGE MOSCHOPOULOS, APC 34197 Pacific Coast Highway, Suite 100 Dana Point, CA 92629 Telephone: (714) 904-1669 Facsimile: (949) 272-0428 Email: georgem@logmapc.com - and - Rhonda H. Wills, Esq. WILLS LAW FIRM, PLLC 1776 Yorktown, Suite 570 Houston, TX 77056 Telephone: (713) 528-4455 Facsimile: (713) 528-2047 Email: rwills@rwillslawfirm.com CHEVRON PRODUCTS: March 22 Conference in Suit over Oil Fees ----------------------------------------------------------- Judge Phyllis J. Hamilton entered on Jan. 9 an order setting a case management conference in the case, Donald E. Potter and Phillip Novak, individually and on behalf of all others similarly situated, the Plaintiff, v. Chevron Products Company d/b/a Havoline Xpress Lube, the Defendant, Case No. 3:17-cv-06689-MEJ, (N.D. Cal., November 11, 2017). The Court held that the Joint Case Management Statement is due by March 15, 2018. The Initial Case Management Conference is set for March 22, 2018, at 2:00 p.m. in Courtroom 3, 3rd Floor, Oakland. Judge Hamilton was assigned to the case in an order dated Jan. 8, replacing Judge Yvonne Gonzalez Rogers. The case was initially reassigned to Judge Gonzalez Rogers pursuant to a Jan. 5 order, replacing Magistrate Judge Maria- Elena James. According to the Jan. 5 order, the case "is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project." Judge Gonzalez signed an Order of Recusal dated Jan. 8. The complaint seeks damages based on the alleged deceptive and unfair practices of add-on charges in connection with Defendant's oil change services. The complaint states that it is a nationwide practice of the Defendant to repeatedly charged bogus oil recycling or disposal fees and shop supply fees at its Havoline Xpress Lube [HXL] Centers throughout the country immediately after their vehicles' oil and filters were changed. This wrongful practice resulted in overcharging each customer for their oil change. This practice continues. Plaintiffs had their oil and filter changes at the Havoline Xpress Lube and were presented with a standard invoices that includes charges that are unlawful, unfair and deceptive. Claims for relief allege by the Plaintiffs are Breach of Contract by Chevron, Breach of the Covenant of Good Faith and Fair Dealing, Unconscionability, Unjust Enrichment, Negligence and Violation of California Unfair Competition Law.[BN] Plaintiffs are represented by: Donald K. Birner, Esq. LAW OFFICE OF DONALD K. BIRNER 2613 Mayflower Dr. Pekin, IL 61554 Telephone: (309) 642-1589 Facsimile: (309) 925-5838 Email: d.birner@comcast.net Counsel for Defendant(s): Kapri Saunders, Esq. Robert Allan Mittelstaedt, Esq. Nathaniel Peardon Garrett, Esq. Jones Day 555 California Street 26th Floor San Francisco, CA 94104 Telephone: (415) 626-3939 E-mail: ksaunders@jonesday.com ramittelstaedt@jonesday.com ngarrett@jonesday.com - and - Christopher J. Lovrien, Esq. Jones Day 555 South Flower Street, 50th Floor Los Angeles, CA 90071-2300 Telephone: (213) 489-3939 Facsimile: (213) 243-2539 E-mail: cjlovrien@jonesday.com CLEANNET USA: "Castillo" Wage-and-Hour Suit Removed to N.D. Cal. ---------------------------------------------------------------- The case, Luis Castillo, individually and on behalf of all others similarly situated, the Plaintiff, v. Cleannet USA, Inc.; D&G Enterprises, Inc. dba Cleannet of The Bay Area and Cleannet of San Jose, Cleannet of Southern California, Inc.; Paqnet, Inc. dba Cleannet of San Diego; FCDK, Inc. dba Cleannet of Sacramento and Does 1 through 25, the Defendants, Case No. CGC-17-562611, (Cal. Sup. Ct., November 21, 2017), was removed by the Defendants from the San Francisco Superior Court to the U.S. District Court for the Northern District of California on Dec. 22, 2017. The case was assigned Case No. 17-cv-07277 and is pending before Magistrate Judge Joseph C. Spero. The Plaintiff brings the class action for wage and hours claims on behalf of himself and a proposed class of similarly situated individuals against the Defendants. In addition, the Plaintiff brings claims of labor trafficking on behalf of himself a proposed subclass of similarly situated individuals against the Defendants. The Defendants, the lawsuit claims, intentionally misclassified the Plaintiff and other class members as independent contractors rather than employees and continues to fail to meet the basic labor protections guaranteed to all employees. The causes of actions allege in the complaint based on Labor Code are failure to pay minimum wage, failure to pay overtime wages, failure to pay off-duty meal periods, failure to provide required rest periods, failure to indemnify employees, unlawful deductions and failure to pay waiting time penalties. The lawsuit also alleges violation of the Unfair Competition Law and the California Trafficking Victims Protection Act.[BN] Plaintiff is represented by: Monique Olivier, Esq. DUCKWORTH PETERS LEBOWITZ OLIVIER LLP 100 Bush Street, Suite 1800 San Francisco, CA 94104 Telephone: (415) 433-0333 Facsimile: (415) 449-6556 Email: monique@dplolaw.com - and - Mana Barari, Esq. Carole Vigne, Esq. Henry Hewitt, Esq. LEGAL AID AT WORK 180 Montgomery Street, Suite 600 San Francisco, CA 94104 Telephone: (415) 864-8848 Facsimile: (415) 593-0096 Emails: mbarari@legalaidatwork.org cvigne@legalaidatwork.org hhewitt@legalaidatwork.org Defendant(s) are represented by: Laura Emily Hayward, Esq. LITTLER MENDELSON 333 Bush Street, 34th Floor San Francisco, CA 94104 Telephone: (415) 677-3180 Facsimile: (415) 743-6665 E-mail: lhayward@littler.com CLECO CORP: Court Decision in Merger Class Action Remanded ---------------------------------------------------------- Brooke Buford, writing for KALB, reports that the Third Circuit Court of Appeal has reversed and remanded a Rapides Parish court decision in a lawsuit brought by plaintiffs and shareholders regarding the corporate buyout and merger of Cleco back in 2016. In 2014, Australian investment banking firm Macquarie Group announced that it agreed to buy Cleco Corp., headquartered in Pineville, for nearly $5 billion. Shortly thereafter, plaintiffs Helen Moore, Calvin Trahan and Lawrence L'Herisson and shareholders in Cleco Corp. initiated a class action lawsuit. Some of the defendants included people like Bruce Williamson, Cleco's Chief Executive Officer; Cleco's Board of Directors; and Darren Olagues, Cleco's president at the time. The plaintiffs alleged that the company's Chief Executive Officer engaged in "self dealing, acted in bad faith, and breached his fiduciary duty of loyalty, good faith, and fair dealing to the shareholders when he misled the board of directors to induce them to push through the sale/merger of the corporation at an unfair price." The plaintiffs sought an injunction to prohibit the sale of the company. The defendants filed exceptions for no right and no cause of action. Ultimately, the plaintiffs attempt at an injunction was denied and the deal was finalized in 2016. They appealed. The plaintiffs claimed there were three assignments of error made in the Ninth Judicial Court in Rapides Parish that originally heard the case. The first error they said was that the district court erred when it granted the exceptions of no right and no cause of action. The plaintiffs said their matter only concerned whether or not they had a right to bring their asserted claims. The second error they said involved the court's findings that the plaintiffs claims were "derivative in nature even though they sought to remedy damages personally sustained rather than enforce a right of the company." The third error they said occurred when the court applied any "res judicata" effects to the action as a result of the regulatory proceeding before the Louisiana Public Service Commission. Ultimately, the Third Circuit found merit with the first error that the plaintiffs brought up in the appeal, and as a result, said that finding permits the second error that they brought up. But, the Third Circuit refused to make a decision about the third error because it said that it "relates to statements made by the trial court in its reasons for judgement rather than the judgement." The Third Circuit handed the case back down to the trial court for any further proceedings. [GN] CONDOCERTS.COM: ICPA Document Fees Inflated, Ahrendt Complains -------------------------------------------------------------- Robert Ahrendt, individually and on behalf of all other persons similarly situated, the Plaintiff, v. Condocerts.com, the Defendant, Case No. 1:17-cv-08418, (N.D. Ill., November 20, 2017), seeks redress for Defendant's willful violation of consumer protection laws. The class action stems from Defendant's unlawful and unreasonable fees for access to the Illinois Condominium Property Act Documents as required by a condominium reseller. The Plaintiff was able to access the required ICPA documents via Defendant's website by paying inflated fees or charges. Plaintiff brings the class action for himself and on behalf of other similarly situated persons to recover the fees paid unlawfully charged. According to the docket entry dated Nov. 22, the case has been assigned to the calendar of the Honorable John Robert Blakey. Pursuant to General Order 17-0005, this case falls within the Mandatory Initial Discovery Pilot (MIDP) Project, and the "Standing Order in MIDP Cases" now governs the conduct of the litigants in this matter. Under the MIDP, this Court shall enforce the MIDP Standing Order via the Court's inherent authority (including the contempt of court power) and the Federal Rules of Civil Procedure. Consequently, both the parties and their attorneys are hereby ordered to review and fully comply with the MIDP Standing Order. The parties are further advised that in light of the MIDP's intended goal of reducing the traditional cost and delay of federal civil litigation, this Court will not grant routine motions for extensions of time to meet the deadlines imposed by the MIDP Standing Order (even agreed motions made jointly by the parties). During the course of the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. The litigants are further ordered to review and fully comply with all of this Court's own standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. An initial status conference was set for Jan. 4, 2018, to discuss the MIDP and ask the parties questions to verify that they have reviewed and complied with the MIDP Standing Order.[BN] Plaintiff is represented by: James X. Bormes, Esq. Catherine P. Sons, Esq. LAW OFFICE OF JAMES X. BORMES, P.C. 8 South Michigan Ave. Suite 2600 Chicago, IL 60603 Telephone: (312) 201-0575 Facsimile: (312) 332-0600 Email: jxbormes@bormeslaw.com Email: cpsons@bormeslaw.com - and - Karnig S. Kerkonian, Esq. Elizabeth M. Al-Dajani, Esq. KERKONIAN DAJANI LLC 1555 Sherman Avenue, Suite 344 Evanston, IL 60201 Telephone: (312) 416-6180 Facsimile: (312) 604-7815 Email: kkerkonian@kerkoniandajani.com Email: ealdajani@kerkoniandajani.com - and - Kasif Khowaja, Esq. THE KHOWAJA LAW FIRM, LLC 70 East Lake St. Suite 1220 Chicago, IL 60601 Telephone: (312) 356-3200 Facsimile: (312) 386-5800 Email: kasif@khowajalaw.com CREDIT COLLECTION: Class Certification Sought in "Schneider" Suit ----------------------------------------------------------------- Mary Schneider moves the Court to certify the class described in the complaint of the lawsuit styled MARY SCHNEIDER, Individually and on Behalf of All Others Similarly Situated v. CREDIT COLLECTION SERVICES, INC., Case No. 2:17-cv-01736-WED (E.D. Wisc.), and further asks that the Court both stay the motion for class certification and to grant the Plaintiff (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. Dicta in the Supreme Court's decision in Campbell-Ewald Co. v. Gomez, left open the possibility that a defendant facing a class action complaint could moot a class representative's case by depositing funds equal to or in excess of the maximum value of the plaintiff's individual claim with the court and having the court enter judgment in the plaintiff's favor prior to the filing of a class certification motion, the Plaintiff asserts, citing Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016). To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion. Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011), overruled on other grounds, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015) ("The pendency of that motion [for class certification] protects a putative class from attempts to buy off the named plaintiffs."). While the Seventh Circuit has held that the specific procedure described in Campbell-Ewald cannot force the individual settlement of a class representative's claims, the same decision cautions that other methods may prevent a plaintiff from representing a class, Ms. Schneider tells the Court, citing Fulton Dental, LLC v. Bisco, Inc., No. 16-3574, 2017 U.S. App. LEXIS 10839 *9-10 (7th Cir. June 20, 2017). The Plaintiff asserts that one defendant has attempted a similar tactic by sending a certified check to the proposed class representative. Bonin v. CBS Radio, Inc., No. 16-cv-674-CNC (E.D. Wis.); see also Severns v. Eastern Account Systems of Connecticut, Inc., Case No. 15-cv-1168, 2016 U.S. Dist. LEXIS 23164 (E.D. Wis. Feb. 24, 2016). Ms. Schneider says that she is obligated to move for class certification to protect the interests of the putative class. As the Motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when short motion to certify and stay should suffice until an amended motion is filed, Ms. Schneider contends. Ms. Schneider also asks to be appointed as class representative, and for the appointment of Ademi & O'Reilly, LLP, as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=u1r9O4HN The Plaintiff is represented by: John D. Blythin, Esq. Mark A. Eldridge, Esq. Jesse Fruchter, Esq. Ben J. Slatky, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: jblythin@ademilaw.com meldridge@ademilaw.com jfruchter@ademilaw.com bslatky@ademilaw.com CYPRESS SECURITY: May 11 Case Management Conference in "Aslam" -------------------------------------------------------------- A class action has been filed against Cypress Security LLC in Sacramento, California. The case is titled as Navid Aslam, individually and on behalf of all others similarly situated, the Plaintiff, v. Cypress Security LLC and Does 1-100, the Defendant, Case No. 34-2017-00220143-CU-OE-GDS, (Cal. Sup. Ct., October 4, 2017). The case is assigned to Department 35. According to a Dec. 4, 2017 docket entry, a Case Management Conference is scheduled for May 11, 2018, at 9:30 a.m. at Gordon D Schaber Courthouse. According to a Dec. 11, 2017 docket entry, a hearing was scheduled for Jan. 12 at 2:00 p.m. to consider a Motion to File Amended Complaint. [BN] Plaintiff is represented by: Galen T Shimoda, Esq. SHIMODA LAW CORP 9401 East Stockton Blvd., Suite 200 Elk Grove, CA 95624 Tel: (916) 525-0716 DICKINSON, ND: Property Owner Raises Funds for Class Action ----------------------------------------------------------- Brandon Summers, writing for The Dickinson Press, reports that Dickinson property owner Carlos Royal has launched a GoFundMe page to raise funds for a potential class action lawsuit against the city of Dickinson. Mr. Royal is attempting to raise $50,000 to challenge the city's tax assessment process on behalf of "all the property owners in Dickinson who have over-assessed properties." Mr. Royal confronted city and county commissioners throughout 2017, arguing that his properties, and Dickinson motels and apartments, are being over-assessed. "They raised the taxes during the oil boom, but they started overbuilding apartments and the apartments started to crash in 2013. Their peak year was 2013. That means apartments have been on the downturn," Mr. Royal said. "Rents are off 75 percent, but taxes have only dropped 17 percent." The assessments are "way over line," Mr. Royal said, by as much as 300 percent. "I own a property called Park Place in Dickinson," he said. "The property right around the corner, absolutely identical to mine, built by the same builder, the same year, everything "Years ago, that property sold for $360,000 and the assessor's telling me mine's worth $750,000." The current assessments on his properties have affected him negatively, Mr. Royal said. "My income is diminishing. I went from having income to, like with this property, no income," he said. "Fortunately I own some other properties and properties in other states, but if that was the only property I owned I would be destitute as the city walked off with $7,000." Mr. Royal took umbrage at the city's abatement hearing process, calling it "a joke." "The hearing's fixed," he said. "I presented independent appraisals and they just ignore it. They say the assessor's right and he's wrong. Period." Many more, Mr. Royal said, are also being burdened by unfair assessments. "Over 100 people have filed for abatements in Dickinson," he said. "That means they've questioned the value, and 100 percent of them have been turned down. That's not even statistically possible that the assessor is 100 percent accurate in every case. The fix is in!" A "tax revolt," Mr. Royal said, and class action suit are the only ways to be heard. "You don't get a fair hearing in Dickinson," he said. "I went to the city. I went to the county. I presented appraisals. I presented income and expenses. I presented comparable sales. And the first words out of the commissioner's mouth was, 'I request Mr. Royal's petition be denied.' " The law is clear, Royal said. "My properties, all properties, are to be listed on the tax rolls at their fair market value," he said. "They're trying to tell me a property that produces no income, zero, is worth $700,000 in Dickinson and people are running down to buy them. That's just hogwash!" Since launching the page on Dec. 23, Mr. Royal has not received any donations. If he is unable to raise the funds, he said he will proceed with a lawsuit anyway. "I'm going forward. It just depends on how big a case does it become," he said. "Does it become a big class action suit with a whole lot of people, or just Carlos Royal out there, fighting?" Mr. Royal is optimistic a lawsuit would be successful. "There is no question. If we can get to an impartial judge or an impartial hearing that they will change my assessed values," he said. "I have no doubt about it." More information can be found at Royal's GoFundMe page: https://www.gofundme.com/real-estate-tax-assessment-revolt. [GN] DOLLAR FIESTA: "Portillo" Suit Seeks to Recover OT Pay Under FLSA ----------------------------------------------------------------- ANA PORTILLO, Individually and Behalf of All Others Similarly Situated v. DOLLAR FIESTA, LLC; MADISON ENTERPRISES, LLC; SUPER DOLLAR, LLC; and KARIM NOORUDDIN, Case No. 4:17-cv-03649 (S.D. Tex., December 1, 2017), seeks to recover alleged unpaid overtime wages and damages from an on the job injury pursuant to the Fair Labor Standards Act of 1938. Dollar Fiesta, LLC, Madison Enterprises, LLC, and Super Dollar, LLC, are Texas limited liability companies. Karim Nooruddin is the registered agent of the Defendant Corporations. The Defendants owned, managed, controlled and operated several dollar stores across Texas, including cities such as Houston, Dallas, San Antonio, and Austin.[BN] The Plaintiff is represented by: Melissa Moore, Esq. Curt Hesse, Esq. Bridget Davidson, Esq. MOORE & ASSOCIATES Lyric Center 440 Louisiana Street, Suite 675 Houston, TX 77002 Telephone: (713) 222-6775 Facsimile: (713) 222-6739 E-mail: melissa@mooreandassociates.net curt@mooreandassociates.net DSA MANAGEMENT: Jackson Drops Wages Suit in State Court ------------------------------------------------------- The case, Antoine D. Jackson, individually and on behalf of other similarly situated employees, the Plaintiff, v. DSA Management Co., Inc. and Howard Lifshitz, the Defendants, Case No. 64270271, (Fla. Cir., Miami Dade County, November 16, 2017), has been dismissed, according to a request for voluntary dismissal dated Jan. 2, 2018. The case seeks to recover unpaid overtime wages with liquidated damages, attorneys' fees and costs based on the Fair Labor Standards Act and Whistleblower's Act of Florida. The Plaintiff commenced employment with Defendants as a non- exempt superintendent on or about April 2017. The Plaintiff entered into a verbal agreement with Defendants in which Defendants was supposed to cover Plaintiff's monthly rent plus to compensate the Plaintiff at three hundred dollars weekly for hours worked. However, the Defendants failed to pay the agreed weekly amount and further failed to pay the all hours worked of the Plaintiff. Hence, the Plaintiff for himself and all other similarly situated employees alleges wage and hour federal statutory violations and retaliation. The Defendants' termination of Plaintiff's employment was directly and proximately caused by the Defendant's unjustified retaliation for Plaintiff's objections to illegal activities. There is a pending federal court lawsuit involving most of the parties. That case is captioned, Jackson v. DSA Management Co., Inc. et al., Case No. 1:17-cv-23615 (S.D. Fla., October 3, 2017). A Settlement Conference has been set for March 7, 2018, before Magistrate Judge Edwin G. Torres at the James Lawrence King Federal Justice Building, 99 NE 4th Street, 10th Floor - Courtroom 5, Miami, FL 33132.[BN] Plaintiff is represented by: Jason S. Remer, Esq. Brody M. Shulman, Esq. REMER & GEORGES-PiERRE, PLLC 44 West Flagler Street, Suite 2200 Miami, FL 33130 Telephone: (305) 416-5000 Facsimile: (305) 416-5005 Email:jremer@rgpattomeys.com DSA Management Co., Inc., is represented by: Harley Joseph Storrings, Esq. Storrings Law 10100 West Sample Road, Suite 300 Coral Springs, FL 33065 Telephone: (954) 302-7148 Facsimile: Fax: (954) 358-4064 E-mail: harley@storringslaw.com EAST WEST TEA: Mislabels Tea Products, "Cohen" Suit Claims ---------------------------------------------------------- Sydney Cohen, individually for herself and on behalf of all others similarly situated, the Plaintiff, v. East West Tea Company, LLC and Does 1 to 50, the Defendant, Case No. 3:17-cv- 02339-JLS-BLM (S.D. Calif., November 17, 2017), seeks damages, restitution and injunctive relief including costs and attorney's fees for Defendant's alleged violation of the Unfair Competition Law, False Advertising Law, Consumers Legal Remedies Act and Breach of Express Warranty. The complaint states that the Defendant manufactures, distributes, markets, and sells a tea varietal, called Yogi Green Tea Kombucha in which the Defendant represents on its packaging that the Kombucha Products are comprised of a proprietary blend of herbs containing, among other ingredients, "Organic Kombucha." However, Defendant's advertising and marketing campaign was false, deceptive, and misleading because the Kombucha Products did not contain any "Organic Kombucha" in its tea bags. In other words, Defendant advertises and sells its tea as containing "Organic Kombucha," when in fact, it is simply not possible that it contains any kombucha, or alternatively, is pasteurized, resulting in the destruction of any potential probiotic value once heated and prepared for consumption. Hence, Plaintiff for herself and on behalf of all other similarly situated persons brings the class action for Defendant's violation of Unfair Competition Law, violation of False Advertising Law, violation of the Consumers Legal Remedies Act and Breach of Express Warranty. East West Tea Company privately owns and operates a tea company that prides itself with providing consumers with healthy, natural and organic teas nationwide.[BN] Plaintiff is represented by: Todd D. Carpenter, Esq. Brittany C. Casola, Esq. CARLSON LYNCH SWEET KILPELA & CARPENTER, LLP 1350 Columbia Street, Suite 603 San Diego, CA 92101 Telephone: (619) 762-1900 Facsimile: (619) 756-6991 Email: tcarpenter@carlsonlynch.com Email: bcasola@carlsonlynch.com EXACTECH INC: Faces Class Action Over Securities Law Violations --------------------------------------------------------------- Andrews & Springer LLC, a boutique securities class action law firm focused on representing shareholders nationwide, on Dec. 27 disclosed that a securities class action lawsuit has been filed by another law firm on behalf of shareholders of Exactech, Inc. ("Exactech" or the "Company") for possible corporate misconduct and violations of federal securities laws. A copy of the complaint is available from the Court or from Andrews & Springer LLC. If you currently own shares of Exactech and want to receive additional information and protect your investments free of charge, please visit us at http://www.andrewsspringer.com/cases-investigations/exactech- class-action-investigation/ or contact Craig J. Springer, Esq. at cspringer@andrewsspringer.com, or call toll free at 1-800-423- 6013. You may also follow us on LinkedIn -- www.linkedin.com/company/andrews-&-springer-llc, Twitter -- www.twitter.com/AndrewsSpringer or Facebook -- www.facebook.com/AndrewsSpringer for future updates. 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 4, 2017, the two parties announced the signing of an amended merger agreement pursuant to which TPG will acquire Exactech in a merger in a deal worth $737 million (the "Merger"). As a result of the Merger, Exactech shareholders are only anticipated to receive $49.25 per share in cash in exchange for each share of Exactech. An Exactech shareholder represented by another law firm has filed a class action complaint against Exactech for federal securities violations. The complaint was filed in the United States District Court, Northern District of Florida, Case No. 1:17-cv- 00303-MW-GRJ. According to the lawsuit, on December 4, 2017, defendants filed a preliminary proxy statement (the "Proxy") with the United States Securities and Exchange Commission ("SEC") in connection with the Merger. The Proxy omits material information with respect to the Merger, which renders the Proxy false and misleading. Accordingly, plaintiff alleges herein that defendants violated Sections 14(a) and 20(a) of the Securities Exchange Act of 1934 (the "1934 Act") in connection with the Proxy, and that the close of the Merger should be enjoined until defendants disclose more information to stockholders. If you own shares of Exactech and want to receive additional information and protect your investments free of charge, please visit us at http://www.andrewsspringer.com/cases- investigations/exactech-class-action-investigation/ or contact Craig J. Springer, Esq. at cspringer@andrewsspringer.com, or call toll free at 1-800-423-6013. You may also follow us on LinkedIn www.linkedin.com/company/andrews-&-springer-llc, Twitter -- www.twitter.com/AndrewsSpringer or Facebook -- www.facebook.com/AndrewsSpringer for future updates. Andrews & Springer -- http://www.andrewsspringer.com-- is a boutique securities class action law firm representing shareholders nationwide who are victims of securities fraud, breaches of fiduciary duty or corporate misconduct. [GN] FIRST NATIONAL: "Jackson" Plaintiffs May Seek Default Judgment -------------------------------------------------------------- A class action has been filed against First National Collection Bureau, Inc. The case is titled as Yolanda Jackson, individually and on behalf of herself and all others similarly situated, the Plaintiff, v. First National Collection Bureau, Inc. and Pinnacle Credit Services, LLC, the Defendants, Case No. 2:17-cv-07891-MCA- SCM, (D.N.J., October 4, 2017).[BN] Judge Madeline Cox Arleo held in a Jan. 9, 2018, order that: "Our records indicate that a proof of service has been filed in this civil action and that the time for defendants to Answer has expired. You are hereby directed to move this civil action, by requesting that default be entered or submitting an extension to answer out of time, within ten (10) days from the date hereof. Should you fail to do so, this action shall be listed for dismissal on January 26, 2018." Plaintiff is represented by: Ryan Leyland Gentile, Esq. LAW OFFICES OF GUS MICHAEL FARINELLA PC 110 Jericho Turnpike-Suite 100 Floral Park, NY 11001 Telephone: (201) 873-7675 Email: rlg@lawgmf.com FORSTER & GARBUS: Class and Two Subclasses Certified in "Winslow" ----------------------------------------------------------------- U.S. Magistrate Judge Anne Y. Shields granted the Plaintiff's motion for class certification under Rules 23(b)(2) and (3) of the Federal Rules of Civil Procedure in the lawsuit captioned BARBARA WINSLOW, on behalf of herself and all others similarly situated v. FORSTER & GARBUS, LLP, RONALD FORSTER, Esq. and MARK GARBUS, Esq., Case No. CV 15-2996 (AYS) (E.D.N.Y.). The action is commenced by Plaintiff Barbara Winslow pursuant to the Fair Debt Collection Practices Act and Section 349 of the New York State General Business Law. Ms. Winslow sought to represent these class and two subclasses: a. The Class: i. Natural persons; ii. Who were sued by National Collegiate Student Loan Trust 2005 ("National Collegiate"); iii. In a New York state court consumer collection action; iv. In an action in which F&G represented National Collegiate; v. And in which the Complaint states that (a) "Plaintiff is authorized to proceed with this actions" and/or (b)"Plaintiff is the original creditor." b. The FDCPA Subclass: i. All those who meet the class criteria set forth in the class description above and who, in addition, were sent the said complaint within one year of the initiation of the instant class action; and c. The NYGBL Section 349 Subclass: i. All those who meet the class criteria set forth in the class description above and who, in addition, were sent the said complaint within three years of the initiation of the instant class action. According to the Court's memorandum and order, the statement as to the National Collegiate Student Loan Trust 2005-3, a Delaware Statutory Trust's "original creditor" status violated both the FDCPA and Section 349 as a matter of law. Judge Shields also denied in all respects the Defendants' motion for summary judgment. Judge Shields ruled that the motion for summary judgment is denied, without prejudice, with respect to statements as to the Trust's "authorization" to proceed with its state court action. The motion for summary judgment is denied, without prejudice, as to the liability of the Individual Defendants, and the motion for summary judgment on the ground of abstention is denied with prejudice. Counsel shall appear before the Court for an in person status conference on January 18, 2018, at 10:30 a.m. A copy of the Memorandum and Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=U3EEjV23 GENOCEA BIOSCIENCES: Investors File Securities Class Action ----------------------------------------------------------- Shareholder rights law firm Robbins Arroyo LLP on Dec. 27 disclosed that investors filed a securities class action complaint against Genocea Biosciences, Inc. (Nasdaq: GNCA) on behalf of all purchasers of Genocea securities between August 4, 2016 and September 25, 2017, for alleged violations of the Securities Exchange Act of 1934 by Genocea's officers and directors. Genocea is a biopharmaceutical company that develops T cell-directed vaccines and immunotherapies to treat infectious diseases and cancer. View this information on the law firm's Shareholder Rights Blog: www.robbinsarroyo.com/genocea-biosciences-inc-dec-2017 Genocea Accused of Misleading Shareholders Regarding its Clinical Trials According to the complaint, Genocea's genital herpes immunotherapy product GEN-003 was the company's lead product candidate until September 26, 2017. Prior to this date, Genocea touted the viability of GEN-003, calling it the "first-ever therapeutic vaccine for a chronic infection and the first advance in the treatment of genital herpes in more than 20 years," and repeatedly stated that GEN-003's phase 3 trial was to commence in the fourth quarter of 2017. Genocea also continually assured the investing public that the company had the funds "sufficient to support operating expenses, capital expenditures requirements, and debt obligations into the first quarter 2018," and as late as May 5, 2017, stated it had the "ability to modify its operating plans in order to fund operations through at least one year from the issue of this quarterly report." However, contrary to these statements, on September 25, 2017, Genocea announced that it was ceasing GEN-003 spending and activities and reducing its workforce by approximately 40 percent. On this news, Genocea's stock fell over $4.00 per share, or nearly 76.5%, to close at $1.25 per share on September 26, 2017. Genocea Shareholders Have Legal Options For more information about your rights and potential remedies, contact attorney Leonid Kandinov at (800) 350-6003, LKandinov@robbinsarroyo.com or via the shareholder information form on the firm's website. Robbins Arroyo LLP --http://www.robbinsarroyo.com-- is a shareholder rights law firm. The firm represents individual and institutional investors in shareholder derivative and securities class action lawsuits, and has helped its clients realize more than $1 billion of value for themselves and the companies in which they have invested. [GN] GLOBAL INNOVATIVE: Alleges Racial Discrimination, Spencer Claims ---------------------------------------------------------------- Ralph Spencer, the Plaintiff, v. Global Innovative Group, LLC, doing business as Gigretail; T-Mobile USA, Inc. and Akmol Hussain, the Defendants, Case No. 1:17-cv-07604-PGG, (S.D.N.Y., October 4, 2017), seeks damages to redress the injuries he suffered as a result of being discriminated against by his employer on the basis of his race, color and nation of origin, together with retaliation and unlawful termination. The complaint states that on or around June 1, 2016, the Plaintiff began to work for Defendants and over the course of his employment he was subjected to numerous acts of discrimination and retaliation because of his race and nation of origin. Plaintiff states that on one occasion, he overheard on the phone his Supervisor Hussain referring him as "Nigger". Defendant Hussain was told by the plaintiff about it but Hussain failed to apologize for his racist and defamatory language. Later on, the Defendants retaliated against the Plaintiff by unlawfully suspending his employment. Plaintiff was suspended for expressing his reasonable opposition to the unlawful conduct and comments made by his Supervisor Hussain. Further, the Plaintiff was terminated because of his opposition to Defendants unlawful practices. Plaintiff states that the Defendants retaliated against him because of Plaintiff's race, color, and national origin. The causes of action against the defendants includes discrimination and retaliation under Federal Law 42 U.S.C. Section 1981.[BN] Plaintiff is represented by: Caroline Hope Miller, Esq. DEREK SMITH LAW GROUP, PLLC 1845 Walnut Street, Suite 1601 Philadelphia, PA 19103 Telephone: (215) 391-4790 GLOBAL DIGITAL: "Hull" Class Action Dismissed --------------------------------------------- Global Digital Solutions, Inc. (OTC:GDSI), a company that is positioning itself as a leader in comprehensive security and technology solutions, on Dec. 27 disclosed that it has reached a settlement agreement with Power Up Lending Group, Ltd. The principal balance plus accrued interest was approximately $109,303. The loan has been in default for several months, and Power Up had received a default judgment against the company on or about August 11, 2017. The note and subsequent default has been settled for the sum of $90,000, payable in 4 installments; the first installment is due on January 2, 2017 and the last installment is due April 16, 2017. The first installment of $30,000 has been paid as of December 22, 2017. The Company also is reporting that the class action lawsuit known as Hull vs. Global Digital Solutions, Inc. and certain of its officers and directors has been dismissed as of approximately December 19th, 2017. William J. Delgado, GDSI's CEO, commented, "I am very happy to report this news. Although we had reached a tentative agreement with Power Up around August 30, 2017, we were unable until now to finalize this agreement. This is a full release of not only GDSI, but also our subsidiary, North American Custom Specialty Vehicles (NACSV). In addition, I am also very happy to report the granting of the Motion for Dismissal coming from the court in New Jersey concerning the class action against the Company. Our legal team has spent a substantial amount of time and money researching and defending this case. I am very pleased with the outcome. I would also like to report that we are continuing to work on the 12/31/2015 Form 10K. These are important steps in getting the Company competitive again." About Global Digital Solutions, Inc. Global Digital Solutions -- http://www.gdsi.co-- is positioning itself as a leader in providing comprehensive security and technology solutions. On June 16, 2014, GDSI completed its acquisition of North American Custom Specialty Vehicles (NACSV), a leading builder of mobile command/communications and specialty vehicles for emergency management, first responders, national security, and law enforcement operations. [GN] GOOGLE LLC: Adtrader Sues Over Unrealized Ad Revenue ---------------------------------------------------- Adtrader, Inc. Plaintiff, v. Google LLC, Defendant, Case No. 17- 7082 (N.D. Cal., December 13, 2017), is a class action that seeks compensatory, special, treble and punitive damages, declaratory relief, restitution, permanent injunction, prejudgment interest, attorney's fees and costs and such other and further relief as the Court deems just and proper. Google allegedly failed to honor its commitment to pay AdTrader for the ad revenue that Google received from placing its ads on AdTrader's publishers' websites through the DoubleClick Ad Exchange. [BN] Plaintiff is represented by: Randolph Gaw, Esq. Mark Poe, Esq. Victor Meng, Esq. Samuel Song, Esq. GAW POE LLP 4 Embarcadero, Suite 1400 San Francisco, CA 94111 Telephone: (415) 766-7451 Facsimile: (415) 737-0642 Email: rgaw@gawpoe.com mpoe@gawpoe.com vmeng@gawpoe.com ssong@gawpoe.com GOTHAM PIZZA: Feb. 23 Initial Conference in "Sapon" Wages Suit -------------------------------------------------------------- Felipe Gerardo Sapon Sapon, Jordan Sapon Sapon, Esteban Sapon Sapon, Francisco Quino and Marvin Yoenel Salvador Ajcet, on behalf of themselves and those similarly situated, the Plaintiffs, v. 144 Ninth Gotham Pizza, Inc. d/b/a Gotham Pizza; 852 Eighth Gotham Pizza Inc. d/b/a Gotham Pizza; Michael Shamailov and Lana Shamailov, the Defendants, Case No. 1:17-cv- 08982, (S.D.N.Y., November 16, 2017), alleges that Defendants have deprived the Plaintiffs and their co-workers of minimum wage, overtime pay and spread of hours premium. Also, the Defendants have unlawfully withheld tips from the Plaintiffs. Further, the Defendants have violated the notice and record keeping requirements. Thus, Plaintiffs bring the class action to seek redress for Defendants' pattern of wage theft against its employees. An Initial Pretrial Conference has been scheduled for Feb. 23, 2018, at 10:30 a.m. in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. The case has been deemed associated to Case No. 1:15-cv-04069- DLC-SN.[BN] Plaintiffs are represented by: Ria Julien, Esq. MIRER MAZZOCCHI JULIEN & CHICKEDANTZ, PLLC 150 Broadway, 12th Floor New York, NY 10038 Telephone: (212) 231-2235 Email: rjulien@mmsjlaw.com GRADE A: Court Denies Class Cert. Bid in "de Leon" Suit ------------------------------------------------------- The Hon. James D. Peterson entered an opinion & order in the lawsuit captioned GABRIEL DE LEON, RAMON PENA, JOSE LUIS RAMIREZ, On behalf of themselves and all others similarly situated v. GRADE A CONSTRUCTION, INC., Case No. 3:16-cv-00348-jdp (W.D. Wisc.): 1. denying the motion for class certification filed by Plaintiffs Gabriel De Leon and Ramon Pena; 2. denying the motion for class certification filed by Plaintiff Jose Luis Ramirez; 3. granting Defendant Grade A Construction Inc.'s motion to decertify both of the Plaintiffs' collective actions under the Fair Labor Standards Act; 4. denying without prejudice the Plaintiffs' motion for partial summary judgment; 5. denying without prejudice Grade A's motion for partial summary judgment; 6. denying as moot Grade A's motion to strike as untimely the notice of consent filed by Jose Medina Coronado; 7. denying as moot Grade A's motion for leave to file an untimely set of proposed findings of fact; 8. denying as moot Plaintiffs' motion to strike those proposed findings of fact; and 9. granting the Plaintiffs' motion to continue the trial date. The Court concludes that class certification is not appropriate in this case because the Plaintiffs have failed to show that their proposed class is so numerous that joinder of all members is impracticable. The Plaintiffs had until January 16, 2018, to file an amended complaint for the purpose of adding or dropping parties. No later than February 14, 2018, the parties should submit a joint report to the court on the question whether additional discovery is needed or whether the case may proceed directly to dispositive motions, along with a proposed schedule, according to the Opinion & Order. If the parties cannot agree, the Court says, they may submit separate reports. Once the Court receives the parties' input, the court will set a new schedule for the remainder of the case. A copy of the Opinion & Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=XDA7gW29 GUITA CONSTRUCTION: Fails to Pay Proper Overtime, Cabrera Claims ---------------------------------------------------------------- VICTOR R. RUBI CABRERA, individually and on behalf of others similarly situated v. GUITA CONSTRUCTION CORP. (d/b/a GUITA CONSTRUCTION), FELIX CONSTRUCTION CORP. (d/b/a FELIX CONSTRUCTION), and JOSE FELIX GOMES, Case No. 1:17-cv-09462 (S.D.N.Y., December 1, 2017), alleges that the Plaintiff has worked for the Defendants in excess of 40 hours per week, without appropriate compensation for the hours over 40 per week that he worked. Guita Construction Corp. and Felix Construction Corp. are corporations organized and existing under the laws of the state of New Jersey and headquartered in Newark, New Jersey. Jose Felix Gomes is an owner, officer or agent of the Defendant Corporations. The Defendants own, operate and control a construction company under the names "Guita Construction" and "Felix Construction."[BN] The Plaintiff is represented by: Michael Faillace, Esq. MICHAEL FAILLACE & ASSOCIATES, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Telephone: (212) 317-1200 Facsimile: (212) 317-1620 E-mail: Michael@Faillacelaw.com H & M HENNES: Lao Seeks to Certify Class & Subclasses of Workers ---------------------------------------------------------------- The Plaintiff in the lawsuit captioned SER LAO, as an individual and on behalf of all others similarly situated v. H & M HENNES & MAURITZ, L.P., a New York limited partnership; and DOES 1 through 50, inclusive, Case No. 5:16-cv-00333-EJD (N.D. Cal.), moves the Court for an order: 1. determining that a class action is proper as to the First, Second, Third, Sixth, and Eighth Causes of Action contained in the Class Action Complaint pursuant to Rule 23 of the Federal Rules of Civil Procedure; 2. determining that class treatment is appropriate under Rule 23(b)(3); 3. certifying the following Class and Subclasses: a. All current and former non-exempt retail store employees who were employed by Defendants in the State of California at any time from December 11, 2011, through the present (the "Class"); b. All former employees who were employed by Defendants in the State of California at any time from December 11, 2012, through the present, who during their employment received their normal payroll wages through check or direct deposit, but upon their separation of employment received their terminating wages in the form of a Money Network ATM Paycard. (the "Money Network Paycard Class"); and c. All current and former non-exempt retail store employees who received non-discretionary incentive pay and worked overtime in the same pay period at any time from December 11, 2014, through the present, such that the employee received an overtime recalculation, and received a wage statement (the "Overtime Recalculation Wage Statement Class"); 4. finding Plaintiff Ser Lao to be an adequate representative and certifying him as the class representative; and 5. finding Plaintiff's counsel and their respective firms, namely Larry W. Lee, Esq., and Kristen M. Agnew, Esq., of Diversity Law Group, P.C., Dennis S. Hyun, Esq., of Hyun Legal, APC, and William L. Marder, Esq., of Polaris Law Group LLP as adequate class counsel and certifying them as class counsel. The Court will commence a hearing on May 17, 2018, at 9:00 a.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=5k3Jj8Qi The Plaintiff is represented by: Larry W. Lee, Esq. Kristen M. Agnew, Esq. DIVERSITY LAW GROUP, P.C. 515 South Figueroa Street, Suite 1250 Los Angeles, CA 90071 Telephone: (213) 488-6555 Facsimile: (213) 488-6554 E-mail: lwlee@diversitylaw.com kagnew@diversitylaw.com - and - William L. Marder, Esq. POLARIS LAW GROUP LLP 501 San Benito Street, Suite 200 Hollister, CA 95023 Telephone: (831) 531-4214 Facsimile: (831) 634-0333 E-mail: bill@polarislawgroup.com - and - Dennis S. Hyun, Esq. HYUN LEGAL, APC 515 South Figueroa Street, Suite 1250 Los Angeles, CA 90071 Telephone: (213) 488-6555 Facsimile: (213) 488-6554 E-mail: dhyun@hyunlegal.com HERBALIFE INT'L: Files Motion to Dismiss Florida Class Action ------------------------------------------------------------- Richard Craver, writing for Winston-Salem Journal, reports that Herbalife moves to stop potential lawsuit Herbalife Ltd. and at least 43 individual defendants filed on Dec. 22 separate motions to dismiss a proposed federal class-action lawsuit filed in Florida. The plaintiffs sued on Sept. 18, making claims under the federal Racketeer Influenced and Corrupt Organizations law, or RICO, related to Herbalife live sales events. The complaint says there could be thousands of potential class- action plaintiffs who have spent thousands of dollars attending the events and "have received no benefit from doing so, despite defendants' constant barrage of guarantees to the contrary." The focus of the complaint is the "Circle of Success" events that the plaintiffs claim was not touched on by the Federal Trade Commission in its $200 million settlement with Herbalife related to its business practices. Herbalife and the individual defendants said in their motions that the plaintiffs overall have failed to state an actionable claim. Both groups also say some plaintiffs agreed to participate in a $15 million class-action settlement in May 2015 involving Herbalife vs. five former distributors who claimed the company operates a pyramid scheme and misled participants about how much money they realistically could make. Herbalife celebrated Dec. 19 its fifth year in Winston-Salem, where it has more than 750 employees at its East Coast production plant. [GN] HOFSTRA UNIVERSITY: Answer to "Delacruz" Suit Due Feb. 9 -------------------------------------------------------- A class action has been filed against Hofstra University. The case is styled as Emanuel Delacruz, on behalf of all other persons similarly situated, the Plaintiff, v. Hofstra University, the Defendant, Case No. 1:17-cv-07566-LTS, (S.D.N.Y., October 4, 2017). The case is assigned to Judge Laura Taylor Swain. Judge Henry B. Pitman on Jan. 12, 2018, entered an order extending until Feb. 9, 2018, the Defendant's time to answer, move or otherwise, respond to the complaint. [BN] Plaintiff is represented by: Dana Lauren Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 East 18th Street Suite OHR New York, NY 10003 Telephone: (917) 796-7437 Facsimile: (212) 982-6284 Email: danalgottlieb@aol.com HOUSLANGER AND ASSOCIATES: "Sanders" FDCPA Suit Underway -------------------------------------------------------- Ramel Sanders and Antero Sarreal, on behalf of themselves and all others similarly situated, the Plaintiffs, v. Houslanger and Associates, PLLC; Todd E. Houslanger; Virgo Capital, LLC; Aquarius Capital, LLC and Does 1 to 10, the Defendants, Case No. 1:17-cv-08985-UA, (S.D.N.Y., November 16, 2017), is assigned to Judge Denny Chin, according to a Notice dated Dec. 19. According to the Notice, Magistrate Judge Robert W. Lehrburger is also designated to the case. The complaint seeks to recover damages including attorneys' fees and costs based on Defendants' violations of the Fair Debt Collection Practices Act, New York General Business Law and New York Jud. Law. Plaintiffs are consumers who are suffering from continued collections from the same judgments challenged as fraudulent in the case of Sykes, et al. v. Mel S. Harris and Associates, LLC. The class action is brought for the Plaintiffs and on behalf of those Sykes class members who are suffering from continuing collections on LR Credit judgments by Defendants. The Plaintiffs were never served with any documents in the said case and had no notice of the lawsuit or judgment. The lawsuit says Defendants violated the FDCPA by making a false and misleading misrepresentation and engaging in unfair and unconscionable practices. Defendants also violated GBL 349 by using deceptive acts and practices in the conduct of their business. Houslanger also engaged in deceit or collusion, or consented to deceit and collusion, with the intention to deceive courts and opposing parties in violation of N.Y. Jud. Law Sec. 487(1).[BN] Plaintiffs are represented by: Matthew D. Brinckerhoff, Esq. Debra L. Greenberger, Esq. Elizabeth S. Saylor, Esq. Jessica Clarke, Esq. EMERY CELLI BRINCKERHOFF & ABADY LLP 600 Fifth Avenue, 10th Floor New York, NY 10020 Telephone: 212-763-5000 E-mail: dgreenberger@ecbalaw.com E-mail: mbrinckerhoff@ecbalaw.com E-mail: jclarke@ecbalaw.com - and - Carolyn Elizabeth Coffey, Esq. MFY LEGAL SERVICES, INC. 299 Broadway-4th Floor New York, NY 10007 Telephone: (212) 417-3700 x 3701 Facsimile: (212) 417-3890 E-mail: ccoffey@mfy.org - and - Ariana Lindermayer, of counsel to Jeanette Zelhof MOBILIZATION FOR JUSTICE 100 William St., 6th Fl. New York, NY 10038 Telephone: 212-417-3701 - and - Claudia Wilner, Esq. NATIONAL CENTER FOR LAW AND ECONOMIC JUSTICE 275 Seventh Avenue, Suite 1506 New York, NY 10001-6708 Telephone: 212-633-6967 - and - Susan Shin, Esq. NEW ECONOMY PROJECT 121 W 27th Street, Suite 804 New York, NY 10001 Telephone: 212-680-5100 ISLANDWIDE BUILDING: Doesn't Pay Laborers for OT, Astudillo Says ---------------------------------------------------------------- Athala Astudillo, on behalf of herself and all other persons similarly situated, the Plaintiff, v. IslandWide Building Services Inc and Paul Pisano, the Defendants, Case No. 2:17-cv- 06835, (E.D.N.Y. November 21, 2017), alleges that Defendants have profited at the expense of their employees who performed labor for Defendants' building maintenance business by failing to pay premium overtime wages for hours worked in excess of 40 hours per week in violation of both the Fair Labor Standards Act and the New York Labor Law. Astudillo has been employed by Defendant as a manual laborer from in or about April 2014 through the present and regularly works more than 40 hours each week but is not paid overtime at the rate of one and one-half times the regular hourly rate of pay for hours worked after 40 hours per week. Thus the Plaintiff for herself and all other similarly situated persons bring the class action to recover the unpaid wages and an additional liquidated damages in accordance with FLSA and NYLL. An Amended Complaint was filed against IslandWide and Paul Pisano on Nov. 27. According to a docket entry dated Dec. 5, Defendants' Answers to the Amended Complaint are due Feb. 5. The Case has been assigned to Judge Leonard D. Wexler and Magistrate Judge Steven I. Locke.[BN] Plaintiff is represented by: Peter A. Romero, Esq. LAW OFFICE OF PETER A. ROMERO PLLC 103 Cooper Street Babylon, NY 11702 Telephone: (631) 257-5588 Email: Promero@RomeroLawNY.com IslandWide is represented by: Douglas E. Rowe, Esq. CERTILMAN BALIN ADLER & HYMAN, LLP 90 Merrick Avenue East Meadow, NY 11554 Telephone: (516) 296-7000 Facsimile: (516) 296-7111 E-mail: drowe@certilmanbalin.com J&L COLLECTION: Brenner Disputes Ambiguous Collection Letter ------------------------------------------------------------ Tiffinie Brenner, Plaintiff, v. J&L Collection Services, Inc., Defendant, Case No. 17-cv-07094 (N.D. Cal., December 13, 2017), is a class action that seeks statutory and actual damages, reasonable attorneys' fees and costs incurred in this action, prejudgment and post-judgment interest and such other and further relief under the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act. Brenner owed a debt on default that was assigned to the Defendant for collection. J&L sent her an initial communication that does not meaningfully convey the identity of the creditor and did not accurately convey the amount of debt which she contested in writing, says the complaint. [BN] Plaintiff is represented by: Elliot Rosenberger, Esq. Joshua Biletsky, Esq. BILETSKY ROSENBERGER 7080 Hollywood Blvd., Ste. 1100 Los Angeles, CA 90028 Telephone: (424) 256-5075 Facsimile: (866) 317-2674 Email: er@biletskyrosenberger.com jb@biletskyrosenberger.com - and - THOMPSON CONSUMER LAW GROUP, PLLC 5235 E. Southern Ave D106-618 Mesa, AZ 85206 Tel: (888) 332-7252 Email: pnc@consumerlawinfo.com KEYTRONICEMS: Faces "Vang" Class Suit Over Failure to Pay OT ------------------------------------------------------------ Kou Thao Vang and Dao Vang, on behalf of themselves, others similarly situated v. KeyTronicEMS and CDR Manufacturing, Inc. d/b/a Ayrshire Electronics, Case No. 0:17-cv-05408-WMW-BRT (D. Minn., December 11, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants operate electronic facilities in Spokane, Washington; Fayetteville, Arkansas; Corinth, Mississippi; and Oakdale, Minnesota. [BN] The Plaintiff is represented by: Rebekah L. Bailey, Esq. Brittany B. Skemp, Esq. NICHOLS KASTER, PLLP 4600 IDS Center, 80 South 8th Street Minneapolis, MN 55402 Telephone: (612) 256-3200 Facsimile: (612) 215-6870 E-mail: bailey@nka.com bskemp@nka.com - and - Richard A. Williams, Esq. R.A. WILLIAMS LAW FIRM, P.A. 2400 West County Road D, Suite 110 St. Paul, MN 55112 Telephone: (651) 848-0280 Facsimile: (651) 848-0282 LA SOUTHPARK HIGH-RISE: Navarro Suit over Lease Charges Underway ---------------------------------------------------------------- Juan Navarro, on behalf of himself and others similarly situated, the Plaintiff, v. L.A. Southpark High-Rise, LP and Does 1 to 100, the Defendants, Case No. BC683876, (Cal. Sup. Ct., November 17, 2017), is a consumer class action against the Defendant for alleged violation of the California Civil Code and Business and Professions Code. The Plaintiff entered into a lease agreement with Defendants creating a residential tenancy between Plaintiff, the tenant, and Defendants, the landlords. The Plaintiff for himself and on behalf of all other consumers alleges that Defendants have engaged in a systematic and uniform policy and practice of assessing charges against Plaintiff and the class members' security deposits for normal wear and tear and unnecessary charges, including but not limited to, late charges, rent amounts, carpet shampoo fees, paint fees, cleaning fees, and flooring repairs, upon expiration of tenancy in violation of Civil Code section 1950.5. Further, the conduct of the Defendants constitutes unfair and deceptive business practices by intentionally misleading tenants into believing they will not be charged for unnecessary and/or impermissible charges and/or charges for wear and tear if, at the end of their tenancy with Defendants, their rental unit is returned in the same or better condition as existed at the beginning of the tenancy, subject to reasonable wear and tear. Plaintiff and the class members are therefore entitled to restitutionary disgorgement from Defendants of the unlawfully withheld portions of their security deposits. L.A. Southpark High-Rise, LP owned and operated multiple apartment buildings throughout California to offer residential rental units and services to California consumers.[BN] Plaintiff is represented by: Joseph Lavi, Esq. Jordan D. Bello, Esq. LAVI & EBRAHIMIAN, LLP 8889 W. Olympic Blvd., Suite 200 Beverly Hills, CA 90211 Telephone: (310) 432-0000 Facsimile: (310) 432-0001 Email: jlavi@lelawfirm.com Email: jbello@lelawfirm.com - and - Sahag Majarian II, Esq. LAW OFFICES OF SAHAG MAJARIAN II 18250 Ventura Boulevard Tarzana, CA 91356 Telephone: (818) 609-0807 Facsimile: (818) 609-0892 Email: sahagii@aol.com LEBANON DELIGHTS: Gillard Joins Class Suit over Servers' Pay ------------------------------------------------------------ Marybeth E Mullaney, Esq., on Dec. 18 filed by Joinder on behalf of Stephanie Gillard in the case, Rick Cumbe, on behalf of himself and all others similarly situated, the Plaintiff, v. Lebanon Delights LLC, DBA Leyla's and Dolly Awka, the Defendants, Case No. 2:17-cv-03176-DCN, (D. S.C., November 21, 2017). The case seeks unpaid wages under the Fair Labor Standards Act and the South Carolina Payment of Wages Act. The complaint states that the Defendants employed the Plaintiff from July 2016 to August 2017 as a server. Plaintiff and other similarly situated employees had an employment agreement with Defendants, whereby Plaintiff was paid an hourly rate plus tips and this compensation would be consistent with all applicable laws, including federal and state wage and hour laws. However, Defendants paid Plaintiff, and other similarly situated servers, less than the statutory minimum $7.25 wage by taking the "tip credit" under the FLSA. According to the lawsuit, Defendants violated the tip credit notice requirement of 29 U.S.C. Sec. 203(m), because they did not inform the employees that they intended to treat tips as satisfying part of their minimum wage obligation. Nor did Defendants notify Plaintiff or similarly situated employees of their policy regarding the FLSA's tip credit provisions.[BN] Plaintiff is represented by: Marybeth Mullaney, Esq. MULLANEY LAW 1037-D Chuck Dawley Blvd, Suite 104 Mount Pleasant, SC 29464 Telephone: (843) 588-5587 Facsimile: (800) 385-8160 Email: marybeth@mullaneylaw.net LOBLAW COS: Law Firms Warn People on $25 Gift Cards --------------------------------------------------- Jesse Feith, writing for Montreal Gazette, reports that law firms behind two class-action lawsuits launched against George Weston Ltd. and Loblaw Companies Ltd. for an alleged bread price-fixing arrangement are warning people not to blindly accept a $25 gift card offered by Loblaw. Michael Vathilakis of Montreal-based law firm Renno Vathilakis Avocats Inc., one of the firms behind the Quebec lawsuit, said customers should ensure they're aware of any provisions associated with the card. "Before you register, be aware of what it is you're signing over," Mr. Vathilakis said on Dec. 27. "Make sure you're not relinquishing any rights." Two class-action lawsuits have been filed, in Quebec and Ontario, against Loblaw Companies Ltd. and George Weston Ltd., among others, alleging the companies conspired to fix the price of packaged bread in Canada since 2001. In a statement issued in December, the two companies acknowledged the arrangement and confirmed they alerted the Competition Bureau after discovering the alleged scheme in 2015. "This sort of behaviour is wrong and has no place in our business or Canada's grocery industry," said the chairman of both companies, Galen G. Weston, in a statement. "This should never have happened." At the same time, Loblaw announced the $25 gift card as a sort of goodwill gesture to any eligible customers. But Mr. Vathilakis and the other law firms behind the lawsuits are warning that conditions could be hidden in the gift card's fine print. "Most people, or people like me, don't take the time to read every little provision when they're signing up or hitting accept on the Internet," he said on Dec. 27. For instance, he said, one of the conditions could be that people who register for the card can no longer participate in the class- action lawsuit. "We don't know any of this yet," he said. "They may not put any conditions on it at all. But my guess is that Loblaw may want something in return." It's also possible consumers in Quebec incurred far greater losses through the years than the value of the gift card being offered, Mr. Vathilakis said. Joey Zukran -- jzukran@lpclex.com -- a lawyer with LPC Avocat Inc., which is also behind the Quebec class action, said he feels the gift card offer is more promotional and self-serving than a fair compensation to customers. "They're likely going to profit more than anything from it," Mr. Zukran said, adding that customers tend to spend more than $25 once they're at the grocery store. "Canadian consumers should not accept anything less than what they are entitled to under the law," he said. In an email response, Loblaw Companies Ltd. spokesperson Kevin Groh said the gift card offer "will not affect customers' right to participate in any class action or to receive any incremental compensation that may be awarded by the court." Both class actions were filed in early November and are awaiting authorization. The Ontario suit is claiming more than $1 billion in compensatory damages and $100 million in punitive damages. Loblaw customers can register for the gift card at www.loblawcard.ca as of Jan. 8, 2018. The deadline to apply is May 8, 2018. [GN] LOEWS CORP: Sued by "Fox" Over Illegal Gratuity Charges ------------------------------------------------------- Michael Fox, on behalf of himself and all others similarly situated, Plaintiff, v. Loews Corporation and Loews Hotels Holding Corporation, Case No. 17-cv-24507 (S.D. Fla., December 13, 2017), seeks an injunction directing Defendants to inform customers that automatic gratuities or service charges will be included, or, alternatively, to no longer add automatic gratuities or service charges to customers' bills. The suit further seeks actual damages, an award of reasonable attorneys' fees, costs, prejudgment and post-judgment interest, and such other and further relief for violation of the Florida Unfair and Deceptive Trade Practices Act. Loews, through its subsidiaries, owns, operates, manages and/or controls seven hotel properties in the State of Florida. Fox alleges that Loews failed to provide adequate notice on their restaurant's menu that an automatic gratuity or service charge of any amount would be added to a customer's check. [BN] Plaintiff is represented by: David M. Marco, Esq. SMITHMARCO, P.C. 55 W. Monroe Street, Suite 1200 Chicago, IL 60603 Telephone: (312) 546-6539 Facsimile: (888) 418-1277 E-Mail: dmarco@smithmarco.com - and - James A. Francis, Esq. John Soumilas, Esq. David A. Searles, Esq. FRANCIS & MAILMAN, P.C. Land Title Building, Suite 1902 100 South Broad Street Philadelphia, PA 19110 Tel: (215) 735-8600 Fax: (215) 940-8000 Email: jfrancis@consumerlawfirm.com jsoumilas@consumerlawfirm.com dsearles@consumerlawfirm.com - and - Lewis J. Saul, Esq. Edward A. Coleman, Esq. LEWIS SAUL & ASSOCIATES, P.C. 29 Howard Street, 3rd Floor New York, NY 10013 Tel: (212) 376-8450 Fax: (212) 376-8447 Email: lsaul@lewissaul.com ecoleman@lewissaul.com LUMBER LIQUIDATORS: Faces "Kramer" Suit in California State Court ----------------------------------------------------------------- A class action has been filed against Lumber Liquidators Inc. The case is styled as Robert J. Kramer, individually and on behalf of all others similarly situated persons, the Plaintiff, v. Lumber Liquidators Inc and Does 1 to 100, the Defendant, Case No. 34- 2017-00222434-CU-OE-GDS, (Cal. Sup. Ct., November 21, 2017). The case is assigned to Department 35.[BN] MANGOES CAFE: Morales et al. Sue over Employment Contributions -------------------------------------------------------------- Rodolfo Suchite Morales, Marvin Hernandez and Thomas Hernandez, on behalf of themselves and all others similarly situated, the Plaintiffs, v. Mangoes Cafe, Inc. d/b/a Mangoes Mexican Bar & Grill, Walter Aguirre and Marco Aguirre, the Defendants, Case No. 606723/2017 (N.Y. Sup. Ct., Nov. 20, 2017), seeks damages with injunction for Defendant's failure to make proper statutory employment contributions. The Plaintiffs' complaint states that they and all other similarly situated employees commenced their employment with Defendants with the expectation that Defendants would make contributions to Social Security, Workers' Compensation, Unemployment Insurance, New York Disability Insurance, and Medicare on all wages earned but the Defendants breached their duty by failing to pay the contributions all throughout the entirety of their employment. Causes of actions of the Plaintiffs against the Defendants are conversion, fraud, breach of fiduciary duty and punitive damages.[BN] Plaintiffs are represented by: Neil M. Frank, Esq. FRANK & ASSOCIATES, P.C. 500 Bi-County Blvd., Suite 465 Farmingdale, New York 11735 Telephone: (631) 756-0400 Facsimile: (631) 756-0547 Email: amerrill@laborlaws.com MARATHON OIL: "Taylor" Suit Seeks to Recoup Unpaid Overtime Wages ----------------------------------------------------------------- SAMMY TAYLOR, individually and on behalf of all others similarly situated v. MARATHON OIL CORPORATION, Case No. 4:17-cv-03663 (S.D. Tex., December 1, 2017), seeks to recover alleged unpaid overtime wages and other damages under the Fair Labor Standards Act. Marathon Oil Corporation is a global oil and gas exploration and production company operating worldwide and throughout the United States, including in Texas. To provide services to many of its customers, Marathon contracts with certain companies to provide it with employees to perform the necessary work.[BN] The Plaintiff is represented by: Michael A. Josephson, Esq. Lindsay R. Itkin, Esq. JOSEPHSON DUNLAP 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Facsimile: (713) 352-3300 E-mail: mjosephson@fibichlaw.com litkin@fibichlaw.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH, P.L.L.C. 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Telephone: (713) 877-8788 Facsimile: (713) 877-8065 E-mail: rburch@brucknerburch.com MARKETRON BROADCAST: Class Certification Sought in "Reese" Suit --------------------------------------------------------------- The Plaintiff in the lawsuit entitled RENEE REESE, on behalf of herself and other persons similarly situated v. MARKETRON BROADCAST SOLUTIONS, LLC, STUDIO NETWORK-ORPHEUM, LLC, CITADEL BROADCASTING COMPANY, BREAD WINNERS' ASSOCIATION (BWA), LLC, and ATLANTIC RECORDING CORPORATION, Case No. 2:17-cv-09772-SSV-JVM (E.D. La.), moves for class certification. Ms. Reese notes that the Motion is being submitted pursuant to Local Rule 23.1(B) and reserves her right to supplement the Motion upon the conclusion of discovery. The proposed Class is legally and factually appropriate and warranted, and the Motion should be granted, Ms. Reese asserts. She maintains that the class satisfies all pre-requisites for certification pursuant to Rule 23(a) of the Federal Rules of Civil Procedure and commonality predominates over any individual issues. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=8N8CEO2d The Plaintiff is represented by: Roberto Luis Costales, Esq. William H. Beaumont, Esq. Emily. A. Westermeier, Esq. Jonathan Mille Kirkland, Esq. BEAUMONT COSTALES LLC 3801 Canal Street, Suite 207 New Orleans, LA 70119 Telephone: (504) 534-5005 Facsimile: (504) 272-2956 E-mail: costaleslawoffice@gmail.com whbeaumont@gmail.com emily.costaleslawoffice@gmail.com MARRIOTT INTERNATIONAL: "Hart" Suit Underway in C.D. California --------------------------------------------------------------- Defendant Sheraton Operating Corporation filed on Jan. 10 its answer to the Amended Complaint in the case, Emma Hart v. Marriott International, Inc. et al., Case No. 8:17-cv-02021 (C.D. Cal.). Hart filed a first amended complaint against Sheraton Operating, and Starwood Hotels and Resorts Worldwide LLC on Dec. 27. The case is pending before Judge James V Selna. On Dec. 15, Judge Selna entered an Order setting Rule 26(f) scheduling conference. Judge Selna held that the Rule 26 Meeting Report is due by April 9, 2018; and the Scheduling Conference is set for April 16 at 10:30 a.m. The venue of the case styled as Emma Hart, individually and on behalf of similarly situated individuals, the Plaintiff, v. Marriott International, Inc.; Sheraton Operating Corporation; Starwood Hotels and Resorts Worldwide, Inc.; St. Regis Monarch Beach and Does 1 to 100, was removed from Orange County Superior Court, Case NO. 30-2017-00949432-CU-OE-CXCm on November 17, 2017, to the U.S. District Court for the Eastern District of California, Case No. 8:17-CV-02021-JVS-KES (C.D. Cal.).[BN] Plaintiff is represented by: Adam Morris Rose, Esq. Robert L Starr, Esq. Theodore Richard Tang, Esq. FRONTIER LAW CENTER 23901 Calabasas Road No 2074 Calabasas, CA 91302 Telephone: (818) 914-3422 Facsimile: (818) 914-3433 Email: adam@frontierlawcenter.com Email: robert@frontierlawcenter.com Email: theodore@frontierlawcenter.com - and - Matthew David Carlson, Esq. Shannon Liss-Riordan, Esq. LICHTEN AND LISS-RIORDAN PC 466 Geary Street Suite 201 San Francisco, CA 94102 Telephone: (415) 630-2651 Facsimile: (617) 994-5801 Email: mcarlson@llrlaw.com Email: SLiss@llrlaw.com Defendants are represented by: Alison Megan Hamer, Esq. Benjamin J Treger, Esq. Reed E Schaper, Esq. Kirstin E Muller, Esq. HIRSCHFELD KRAEMER LLP 233 Wilshire Boulevard Suite 600 Santa Monica, CA 90401 Telephone: (310) 255-0705 Facsimile: (310) 255-0986 Email: ahamer@HKemploymentlaw.com Email: btreger@hkemploymentlaw.com Email: rschaper@hkemploymentlaw.com MDL 2800: "Zweig" Suit v. Equifax Transferred to N.D. Georgia ------------------------------------------------------------- The class action lawsuit filed on September 13, 2017 entitled Marc Zweig, individually and on behalf of all others similarly situated v. Equifax, Inc., Case No. 1:17-cv-05366 was transferred on December 11, 2017 from the U.S. District Court for the Eastern District of New York to the U.S. District Court for the Northern District of Georgia. The District Court Clerk assigned Case No. 1:17-cv-05067-TWT to the proceeding. The Case is consolidated in the multidistrict litigation titled In re: Equifax, Inc., Customer Data Security Breach Litigation, MDL No. 2800. The lead case is 1:17-md-02800-TWT. Equifax, Inc. is one of the three largest consumer credit reporting agencies in the United States. [BN] The Plaintiff is represented by: Paul J. Geller, Esq. ROBBINS GELLER RUDMAN & DOWD, LLP Suite 500, 120 E. Palmetto Park Road Boca Raton, FL 33432 Telephone: (561) 750-3000 Facsimile: (561) 750-3364 E-mail: pgeller@rgrdlaw.com - and - Samuel H. Rudman, Esq. LERACH, COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 200 Broadhollow Roa, Suite 406 Melville, NY 11747 Telephone: (631) 367-7100 E-mail: SRudman@rgrdlaw.com MICHAEL'S FAMILY RESTAURANT: Blofstein Seeks Unpaid OT Pay, Tips ---------------------------------------------------------------- Michelle Blofstein and Alexis Flores, for themselves and all others similarly situated, Plaintiffs, v. Michael's Family Restaurant, Inc., Emmanuel Petrogiannis (a/k/a Mike Petrogiannis), Ioannis Petrogiannis (a/k/a John Petrogiannis) and Nikolaos Petrogiannis (a/k/a Nick Petrogiannis), Defendants, Case No. 17-cv-05578 (E.D. Pa., December 13, 2017), seeks redress for overtime violations of the Fair Labor Standards Act of 1938 and the Pennsylvania Minimum Wage Act of 1968. Michael's Family Restaurant owned and operated about twelve restaurants in the greater Philadelphia area, including the Warminster West Diner and the Country Club Diner where Blofstein and Flores worked as servers. Defendants do not create or maintain accurate contemporaneous records of their overtime work so the only payment servers receive for such are their tips. However, Defendants maintain a mandatory tip pool into which servers must contribute a fixed sum from their tips each shift which they use to pay the wages of their bussers. [BN] Plaintiff is represented by: David J. Cohen, Esq. STEPHAN ZOURAS, LLP 604 Spruce Street Philadelphia, PA 19106 Tel: (215) 873-4836 Email: dcohen@stephanzouras.com - and - James B. Zouras, Esq. Ryan F. Stephan, Esq. STEPHAN ZOURAS, LLP 205 N. Michigan Avenue, Suite 2560 Chicago, IL 60601 Tel: (312) 233-1550 MIDWEST RECOVERY: Qualls' Cert. Bid Withdrawn; Hearing on Mar. 13 ----------------------------------------------------------------- The Clerk of the U.S. District Court for the Northern District of Illinois made a docket entry on December 13, 2017, in the case titled Tyanna Qualls, et al. v. Midwest Recovery Systems, LLC, Case No. 1:17-cv-04237 (N.D. Ill.), relating to a hearing held before the Honorable Joan H. Lefkow. The minute entry states that: -- Status hearing was held on December 13, 2017, and continued to March 13, 2018, at 11:00 a.m.; and -- Pursuant to a Stipulation to Withdraw, the Plaintiff's motion for class certification is withdrawn. A copy of the Notification of Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=LjahIdKX MONSANTO COMPANY: Llamas Sues Over Roundup(R)-Related Lymphoma -------------------------------------------------------------- MANUEL LLAMAS v. MONSANTO COMPANY, Case No. 4:17-cv-02807 (E.D. Mo., December 1, 2017), is an action for damages suffered by the Plaintiff as a direct and proximate result of the Defendant's alleged negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, advertising, distribution, labeling, and sale of the herbicide Roundup(R), containing the active ingredient glyphosate. Mr. Llamas alleges that Roundup(R) and glyphosate are 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. He contends that as a direct and proximate result of being exposed to Roundup, he developed Non-Hodgkin's lymphoma. Monsanto is a Delaware corporation with a principal place of business in St. Louis, Missouri. Monsanto is a multinational agricultural biotechnology corporation and is the world's leading producer of glyphosate. The Company is in the business of, and did, design, research, manufacture, test, advertise, promote, market, sell, distribute, and has acquired and is responsible for the commercial herbicide Roundup.[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 MYPIZZA TECH: Pap's Cafe Suit over Junk Faxes Dismissed ------------------------------------------------------- The Hon. Edmond E. Chang dismissed the case, Pap's Cafe, Ltd., individually and as the representative of a class of similarly situated persons, the Plaintiff, v. MyPizza Technologies, Inc., and John Does 1 to 5, the Defendants, Case No. 1:17-cv-07586-PKC, (S.D.N.Y., October 4, 2017), pursuant to a notice of voluntary dismissal dated Nov. 7. The case is dismissed without prejudice; The case is terminated. The lawsuit seeks monetary loss and to enjoin the defendants violations of the Telephone Consumer Protection Act of 1991 as amended by the Junk Fax Prevention Act of 2005 and the regulations promulgated under the Act. The complaint states that the Defendants have sent facsimile transmissions of unsolicited advertisements to Plaintiff and to other similarly situated persons in violation of the JFPA, including, but not limited to, the facsimile transmission of an unsolicited advertisement. The Fax describes the commercial availability or quality of Defendants' products, goods and services. The Plaintiff states that the Defendants have sent, and continue to send, unsolicited advertisements via facsimile transmission in violation of the JFPA. Further, the plaintiff states that 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. Thus, the plaintiff on behalf of itself and all others similarly situated brings the class action asserting claims against Defendants under the JFPA.[BN] Plaintiff is represented by: Aytan Y. Bellin, Esq. BELLIN & ASSOCIATES LLC 85 Miles Avenue White Plains, NY 10606 Telephone: (914) 358-5345 Facsimile: (212) 571-0284 Email: Aytan.Bellin@bellinlaw.com - and - Brian J. Wanca, Esq. Ryan M. Kelly, Esq. ANDERSON + WANCA 3701 Algonquin Road, Suite 500 Rolling Meadows, IL 60008 Telephone: (847) 368-1500 Facsimile: (847) 368-1501 Email: bwanca@andersonwanca.com Email: rkelly@andersonwanca.com MYPIZZA TECH: Junk Fax Suit Refiled in Illinois State Court ----------------------------------------------------------- Pap's Cafe, Ltd., individually and as the representative of a class of similarly-situated persons, the Plaintiff, v. MyPizza Technologies, Inc., the Defendant, Case No. 2017-CH-15285, (Ill. Cir., Cook County, Nov. 17, 2018), seeks damages, injunction, costs and other relief just and proper based on Defendant's violation of the Telephone Consumer Protection Act (TCPA). An earlier version of the complaint, filed in October in U.S. District Court for the Northern District of Illinois, was voluntary dismissed by the Plaintiff pursuant to a notice of voluntary dismissal dated Nov. 7. According to the state court complaint, the Defendant transmitted by telephone facsimile machine an unsolicited facsimile to Plaintiff in which the Plaintiff had not given prior express invitation or permission to Defendant to send the facsimile. The Defendant receives some or all of the revenues from the sale of the products, goods and services advertised on the Fax and profits and benefits from the sale of the products, goods and services advertised on the Fax. The Defendant violated the TCPA, the complaint contends, by send advertising faxes to the Plaintiff and other similarly situated person without first obtaining their prior invitation or permission. Moreover, the Defendant's actions caused damages to the recipients to lose paper and toner consumed in the printing of the faxes.[BN] A Motion to Certify class was filed in the case on Nov. 17. A case management conference is set for March 19. Plaintiff is represented by; Rylan M. Kelly, Esq. Ross M. Good, Esq. NDERSON + WANCA 3701 Algonquin Road, Suite 500 Rolling Meadows, IL 60008 Telephone: (847) 368-1500 Facsimile: (847) 368-1501 Defendant is represented by: KELLEY DRYE & WARREN 333 W Wacker # 2600 Chicago, IL 60606 Telephone: (312) 857-7070 NDT GLOBAL: Fails to Pay Engineers for Overtime, Hunt Claims ------------------------------------------------------------ Judge Alfred H Bennett entered on Nov. 21 an Order for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons in the case, Richard Hunt, on behalf of himself and on behalf of others similarly situated, the Plaintiff, v. NDT Global LLC, the Defendant, Case No. 4:17-cv- 03559, (N.D. Tex., November 20, 2017). The Court set the Initial Conference for March 9, 2018, at 9:30 a.m. in Courtroom 8C. The complaint seeks to recover unpaid overtime wages based on Fair Labor Standards Act (FLSA). The complaint states that the Plaintiff works as an Engineering Support Specialist for Defendant NDT. He is wrongfully classified by Defendant as exempt from overtime compensation however, he is expected to work and does in fact work over 40 hours per work week. Throughout Plaintiff's tenure working for Defendant, Engineering Support Specialists, Mechanical Engineers and Electrical Engineers were subject to the same pay policy/plan described herein, work/worked overtime hours, and were/are not compensated in accordance with the FLSA by Defendant. Thus, Plaintiff for himself and on behalf of all others similarly situated seeks to recover unpaid wages for all hours work and overtime compensation at the rate of one and a half times his regular rate of pay.[BN] Plaintiff is represented by: Gregg M. Rosenberg, Esq. Tracey D. Lewis, Esq. ROSENBERG & SPROVACH 3518 Travis Street, Suite 200 Houston, TX 77002 Telephone: (713) 960-8300 Facsimile: (713) 621-6670 Email: gregg@rosenberglaw.com Email: tracey@rosenberglaw.com Counsel for Defendant(s): Annette A Idalski, Esq. CHAMBERLAIN HRDLICKA ET AL 191 Peachtree St N E, 34th Fl Atlanta, GA 30303-1747 Telephone: (404) 659-1410 E-mail: annette.idalski@chamberlainlaw.com - and - Peter N. Hall, Esq. CHAMBERLAIN HRDLICKA WHITE WILLIAMS & AUGHTRY 191 Peachtree Street, 46th Floor Atlanta, GA 30303-1747 Telephone: (404) 658-5390 NEW YORK, NY: Faces "Richardson" Discrimination Suit vs. FDNY ------------------------------------------------------------- ANNETTE RICHARDSON, DEBORAH BOWMAN, LIZA HORSLEY, DEBRA POE, DINO RIOJAS, ARLENE SIMMONS, and STEPHANIE THOMAS, On behalf of themselves and all others similarly situated v. CITY OF NEW YORK, Case No. 1:17-cv-09447 (S.D.N.Y., December 1, 2017), alleges that the Fire Department of New York's racial discrimination violates 42 U.S.C. Section 1983 and the New York City Human Rights Law. For well over a century, the Fire Department of New York has engaged in a pattern or practice of systemic, continuous, and intentional discrimination against African American emergency medical services ("EMS") and non-uniformed ("Civilian") employees and job applicants in hiring, placement, advancement, and compensation decisions, the Plaintiffs contend. They allege that for about 100 years after the Civil War, white men, primarily of Irish and Italian descent, controlled the FDNY at all levels, from upper management to staff. The FDNY is an agency of the City Government of New York. Because the FDNY is an agency of the City, the City is the named Defendant, but the Complaint focuses on the racial discrimination committed by the FDNY. The FDNY is the agency charged with protecting the lives and property of the people of New York City through prevention, education, fire suppression, medical services and other related emergency and non-emergency activities. The Fire Commissioner, who heads the agency, is appointed by and reports directly to the Mayor of the City of New York.[BN] The Plaintiffs are represented by: Rob J. Valli, Jr., Esq. Sara Wyn Kane, Esq. VALLI KANE & VAGNINI, PLLC 600 Old Country Road, Suite 519 Garden City, NY 11530 Telephone: (516) 203-7180 Facsimile: (516)706-0248 E-mail: rvalli@vkvlawyers.com skane@vkvlawyers.com - and - Cyrus Mehri, Esq. U.W. Clemon, Esq. Michael D. Lieder, Esq. MEHRI & SKALET PLLC 1250 Connecticut Ave., NW, Suite 300 Washington, DC 20036 Telephone: (202) 822-5100 Facsimile: (202) 822-4997 E-mail: cmehri@findjustice.com jclemon@findjustice.com mlieder@findjustice.com NORTHLAND GROUP: Certification of Class Sought in "Torres" Suit --------------------------------------------------------------- Jennifer Torres moves the Court to certify the class described in the complaint of the lawsuit titled JENNIFER TORRES, Individually and on Behalf of All Others Similarly Situated v. NORTHLAND GROUP, INC., ABSOLUTE RESOLUTIONS CORPORATION and ABSOLUTE RESOLUTIONS V LLC, Case No. 2:17-cv-01737-JPS (E.D. Wisc.), and further asks that the Court both stay the motion for class certification and to grant the Plaintiff (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. Damasco and decisions like it imposed significant burdens on the Court and on Plaintiff's Counsel, the Plaintiff asserts, citing Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence, the Plaintiff states. The Supreme Court's decision in Campbell-Ewald Co. v. Gomez, 2016 U.S. LEXIS 846 *14-15 (U.S. Jan. 20, 2016) (internal citations omitted) and Chapman should have put a stop to this practice, the Plaintiff contends. Unfortunately, they have not, the Plaintiff says. In dicta, the Supreme Court left open the possibility that a defendant facing a class action complaint could moot a class representative's case by depositing funds equal to or in excess of the maximum value of the plaintiff's claim with the court and having the court enter judgment in the plaintiff's favor prior to a class certification motion. Campbell-Ewald Co., 2016 U.S. LEXIS 846 *19 ("We need not, and do not, now decide whether the result would be different if a defendant deposits the full amount of the plaintiff's individual claim in an account payable to the plaintiff, and the court then enters judgment for the plaintiff in that amount."). One defendant has already attempted the scheme contemplated in Campbell-Ewald. In Severns v. Eastern Account Systems of Connecticut, Inc., Case No. 15-cv-1168, 2016 U.S. Dist. LEXIS 23164 (E.D. Wis. Feb. 24, 2016), the defendant moved the Court for leave to deposit funds. Judge Randa denied the request on grounds that a motion for class certification was pending at the time of the defendant's motion. The Plaintiff asserts that she is obligated to move for class certification to protect the interests of the putative class. As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiff contends. One of the judges in this District has, in the past, specifically requested of Plaintiff's counsel that he not file a brief and supporting documents in support of a class certification motion filed with a complaint pursuant to Damasco. But doing so would violate the local rules absent the type of relief sought in this Motion, the Plaintiff states. The Plaintiff also asks to be appointed as class representative, and for the appointment of Ademi & O'Reilly, LLP, as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=7RJC1jpR The Plaintiff is represented by: John D. Blythin, Esq. Mark A. Eldridge, Esq. Jesse Fruchter, Esq. Ben J. Slatky, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: jblythin@ademilaw.com meldridge@ademilaw.com jfruchter@ademilaw.com bslatky@ademilaw.com NORTH PORT RETIREMENT: Morgan Moves for Certification of Class -------------------------------------------------------------- The Plaintiffs in the lawsuit captioned NICHELE Y. MORGAN and TACOVIA N. McCULLOR, on their own behalf and on behalf of those similarly situated v. NORTH PORT RETIREMENT CENTER, INC., D/B/A THE GARDENS OF VENICE, and ZIA BUTT, individually, Case No. 8:17- cv-02394-SDM-TBM (M.D. Fla.), ask the Court to enter an order permitting, under court supervision, notice to this class of similarly situated employees: "All hourly paid employees of Defendants who, at any time during the last three (3) years, were not paid full and proper overtime compensation for all hours worked over forty (40) in one or more workweeks." The Defendants operate retirement and assisted living facilities throughout Southwest Florida. To provide these services the Defendants, at any given time employ a number of hourly paid employees like the Plaintiffs and the opt-in plaintiffs, to, among other things, assist residents with dressing, cooking, cleaning, and entertainment. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=2M6Fkgmx The Plaintiffs are represented by: Noah E. Storch, Esq. Richard Celler, Esq. RICHARD CELLER LEGAL, P.A. 7450 Griffin Road, Suite 230 Davie, FL 33314 Telephone: (866) 344-9243 Facsimile: (954) 337-2771 E-mail: noah@floridaovertimelawyer.com richard@floridaovertimelawyer.com - and - Frank M. Malatesta, Esq. MALATESTA LAW OFFICE 871 Venetia Bay Blvd., Suite 220 Venice, FL 34285 Telephone: (941)256-3812 Facsimile: (888) 501-3865 E-mail: frank@malatestalawoffice.com NUMEREX CORP: "Litwin" Securities Class Suit Dismissed ------------------------------------------------------ Efrem Litwin, on behalf of himself and all others similarly situated, the Plaintiff, v. Numerex Corp., Stratton J. Nicolaides, Tony Holcombe, Sherrie G. McAvoy, Jerry A. Rose, Andrew Ryan, Eric Singer and Brian R. Igoe, the Defendants, Case No. 1:17-cv-03893-CAP, (N.D. Ga., October 4, 2017), has been terminated. Litwin filed a Notice of Voluntary Dismissal dated Dec. 21, 2017. The plaintiff on his behalf and all other public stockholders of Numerex Corp., brought the class action for defendants' alleged violations of the Securities Exchange Act and SEC Rule 14a-9 promulgated thereunder. The plaintiff sought to enjoin the vote on a proposed transaction, pursuant to which Numerex will be acquired by Sierra Wireless, Inc., through its direct wholly- owned subsidiary Wireless Acquisition Sub, Inc. The lawsuit argued that Numerex insiders are the primary beneficiaries of the Proposed Transaction, not its public stockholders. Numerix insiders stand to reap substantial financial benefits for securing the deal with Sierra. Numerex's named executive officers stand to receive substantial severance payments in the form of golden parachute compensation. The lawsuit also asserted that the defendants filed a materially incomplete and misleading Registration Statement with the SEC and disseminated it to Numerex's stockholders. The Registration Statement misrepresents or omits material information that is necessary for the Company's stockholders to make an informed voting decision in connection with the Proposed Transaction. The omissions and false and misleading statements are material in that a reasonable stockholder would consider them important in deciding how to vote on the Proposed Transaction. The plaintiff and other similarly situated stockholders are threatened with irreparable harm and defendants are liable in accordance with the Securities Exchange Act. Numerex is a provider of managed enterprise solutions enabling the Internet of Things ("IoT") primarily in the United States.[BN] Plaintiff is represented by: Michael A. Rogovin, Esq. WEISSLAW LLP 476 Hardendorf Ave. NE Atlanta, GA 30307 Telephone: (212) 682-3025 Facsimile: (212) 682-3010 Email: mrogovin@weisslawllp.com - and - Richard A. Acocelli, 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 NVR INC: "Smith" Suit over Defective Homes Underway --------------------------------------------------- Paul Smith and Deborah Smith, the Plaintiffs, v. NVR, Inc., the Defendant, Case No. 1:17-cv-08328, (N.D. Ill., November 16, 2017), seeks to recover actual damages for Defendant's violation of the Illinois Consumer Fraud and Deceptive Business Practices Act and Breach of Contract. The Plaintiffs allege that the homes built by the Defendant in the Tall Pines neighborhood in Plainfield, Illinois, were not built to the applicable building codes and were not constructed to the specifications of the building plans submitted to the Village of Plainfield for approval. The Plaintiffs allege that they and other members of the class were damaged by the Defendant's deceptive practices and their purchases of new homes. The Plaintiffs and the Class would not have purchased the Ryan Homes in Tall Pines or paid the price they did, had the true facts been known. The case is assigned to the Hon. Gary Feinerman. The Hon. Susan E. Cox is designated as Magistrate Judge. A status hearing was held before Judge Feinerman on Jan. 8.[BN] Plaintiffs are represented by: Aaron Rapier, Esq. RAPIER LAW FIRM 1770 Park St., Suite 200 Naperville, IL 60563 Telephone: (815) 782-5478 Facsimile: (815) 327-3449 Email: arapier@rapierlawfirm.com Counsel for Defendant(s): William Yu, Esq. ULMER & BERNE 500 West Madison Street, Suite 3600 Chicago, IL 60661 Telephone: (312) 658-6500 E-mail: wyu@ulmer.com OCWEN FINANCIAL: Finalizes Class Action Settlement -------------------------------------------------- Ben Lane, writing for HousingWire, reports that Ocwen Financial's settlement streak is continuing, as the nonbank announced on Dec. 27 that it reached settlements with two more states that will remove each state's mortgage servicing restrictions on Ocwen's business. Ocwen also disclosed on Dec. 27 that it finalized a settlement agreement covering a class action lawsuit over the nonbank restating its 2013 and 2014 earnings after its auditor found a potential "material weakness" in the way it valued and recorded a financial transaction. Over the last few months, Ocwen began settling with some of the 31 states that took regulatory actions against the nonbank earlier in 2017 over alleged escrow and other servicing issues. The first round of settlements included Georgia, Idaho, Illinois, Maine, Michigan, Mississippi, Montana, Rhode Island, South Carolina, and Wisconsin. Then came New Mexico, Virginia, West Virginia; followed by Alabama and Minnesota; then Arkansas, Tennessee, and the District of Columbia; then Texas; Hawaii; and most recently, Nebraska. And on Dec. 27, Ocwen disclosed in a filing with the Securities and Exchange Commission that it reached settlement agreements with Oregon and Wyoming. According to the SEC filing, the agreement resolving the Oregon regulatory action "contains key terms that are similar" to Ocwen's previous settlements, which prohibit the nonbank from acquiring any new residential mortgage servicing rights until April 30, 2018. Previous settlements also stipulate that Ocwen develop a plan to move away from REALServicing, Ocwen's proprietary platform that is used to process and apply borrower payments, communicate payment information to borrowers, and maintain loan balance information. That plan will be achieved by Ocwen moving its servicing to Black Knight's platform, a deal that was announced in early November. In the SEC filing, Ocwen said that it reached a "separate agreement" with Wyoming, which included the state dismissing its cease and desist order against the nonbank. The company did not provide additional details on the nature of the agreement with the state. In total, Ocwen has now reached a settlement with 25 jurisdictions that brought regulatory action earlier in 2017. Ocwen said that it "continues to seek timely resolutions with the remaining six regulatory agencies and two state attorneys general" that have outstanding actions against the company. "If Ocwen is successful in reaching such resolutions, they may contain some or all of the previously disclosed Multi-State Common Settlement Terms and may also contain additional terms, including potentially monetary fines or penalties or additional restrictions on our business," the company said in its SEC filing. "There can be no assurance that Ocwen will be able to reach resolutions with the remaining regulatory agencies and state attorneys general," the company continued. "It is possible that the outcome of these matters, whether through negotiated settlements, court rulings or other resolutions, could be materially adverse to our business, reputation, financial condition, liquidity and results of operations." In a statement, Ocwen spokesperson John Lovallo said the company is pleased to reach more settlements in the ongoing matter. "Ocwen is pleased to have reached resolutions with Oregon and Wyoming to resolve regulatory actions brought against the company, bringing the total number of jurisdictions where we have reached a resolution to 25," Mr. Lovallo said. "We continue to work cooperatively with the remaining six state regulatory agencies and two state attorneys general to reach acceptable resolutions." The company also said on Dec. 27 that its previously announced class action settlement over its restated earnings is now finalized. Back in July, Ocwen announced that it will pay at least $49 million to settle a class action lawsuit over the company misstating its net income for the last three quarters of 2013 and the first quarter of 2014 due to a flaw in the company's system. As part of the settlement, Ocwen also agreed to give $7 million in company stock to the plaintiffs. In its Dec. 27 filing with the SEC, Ocwen stated that the judge overseeing the settlement granted final approval, meaning that the bank will issue a total of 2.5 million shares of company stock to the plaintiffs within 30 days of Dec. 22, 2017. That total matches the previously agreed upon settlement terms. When the settlement was first announced, Ocwen said it agreed to give 2.5 million shares of the company's stock to the class members, provided the shares have a total value of $7 million based on the company's stock price over a five-day period. However, if the value of the 2.5 million shares did not equal $7 million because Ocwen's stock value was too low, Ocwen would be required to give the class members more shares. But the final settlement stipulates that Ocwen will provide 2.5 million shares to the class members. As of 12:39pm Eastern on Dec. 27, Ocwen's stock was trading at $3.09 per share, which gives those 2.5 million shares a value of $7.725 million. [GN] PLANET PAYMENT: Elser Drops Securities Class Action --------------------------------------------------- Judge Joan M. Azrack on Dec. 21 entered an order dismissing the case, Marco M. Elser, individually and on behalf of all others similarly situated, the Plaintiff, v. Planet Payment, Inc.; Carl J. Williams; Shane H. Kim; Cameron R.M. McColl and Jonathan Kaiden, the Defendants, Case No. 2:17-cv-06736-DRH-GRB, (E.D.N.Y., November 17, 2017). The Plaintiff had filed a Notice of Voluntary Dismissal without prejudice. Judge Azrack decreed the case closed. The case sought to enjoin the Defendants from consummating the Tender Offer or Proposed Transaction in violation of the Securities Exchange Act. The class action stems from a Proposed Transaction or Merger in which Planet Payment, Inc. will be acquired by Franklin UK Bidco Limited which is the parent company of Fintax Group. Planet Payment's Board of Directors caused to enter into an agreement and plan of merger. According to the complaint, the Defendants filed a Solicitation Statement with the SEC in connection with the Proposed Transaction but it omitted material information with respect to the Proposed Transaction, which renders it false and misleading in violation of the Securities Exchange Act.[BN] Plaintiff is represented by: Carl L. Stine, Esq. Robert S. Plosky, Esq. WOLF POPPER LLP 845 Third Avenue New York, New York 10022 Telephone: 2i2-759-4600 Facsimile: 212-486-2093 Email: cstine@wolfpopper.com Email: rplosky@wolfpopper.com POTPOURRI VILLAGE: "Plauche" Wage-and-Hour Suit Underway -------------------------------------------------------- Steven Plauche, individually and on behalf of others similarly situated, the Plaintiff, v. Potpourri Village, Inc. and Michael Murray, the Defendants, Case No. 6:17-cv-01266-UDJ-CBW, (W.D. La., October 4, 2017), seeks unpaid minimum wages and overtime pay under the Fair Labor Standards Act. The complaint states that the Plaintiff was hired by Defendants to work performing maintenance and repairs to the network of rental houses and a trailer park they own in the Lafayette area. Plaintiff states that he routinely worked more than 40 hours per week for Defendants. However, Plaintiff was not paid overtime for all hours in excess of 40 per week he worked for Defendants. In addition, although Plaintiff was supposed to be paid an hourly wage while he worked for Defendants, he was not always paid and has yet to be paid in full for his last week of work. When Plaintiff made a demand on Defendants for full payment of his wages, including minimum wages and overtime, not only did Defendants terminate him, but they also unlawfully evicted him from his home and destroyed his personal property. Hence, the plaintiff for himself and other similarly situated employees bring the class suit for an injunction, liquidated damages and award of unpaid minimum wage compensation and overtime pay. The case is assigned to Magistrate Judge Carol B Whitehurst.[BN] Plaintiff is represented by: Jody Forester Jackson, Esq. Mary Bubbett Jackson, Esq. JACKSON+JACKSON 201 St. Charles Avenue, Suite 2500 New Orleans, Louisiana 70170 Telephone: (504) 599-5953 Facsimile: (888) 988-6499 Email: jjackson@jackson-law.net Email: mjackson@jackson-law.net PROCTER AND GAMBLE: Falsely Marketed Ivory(R) Products, Suit Says ----------------------------------------------------------------- Ricky Thompson and Robert Livingstone, as individuals and on behalf of all others similarly situated v. The Procter And Gamble Company, Case No. CACE-17-022358 (Fla. Cir. Ct., December 11, 2017), is a consumer protection class action based on misrepresentations and omissions committed by the Defendant regarding its Ivory(R) Dish Detergent, which contains methylisothiazolinone, a known sensitizing agent and contact allergen, that is not "gentle on hands." The Procter And Gamble Company operates a consumer goods corporation headquartered in downtown Cincinnati, Ohio. [BN] The Plaintiff is represented by: Joshua H. Eggnatz, Esq. Michael J. Pascucci, Esq. Steven Saul, Esq. EGGNATZ PASCUCCI 5400 S. University Drive, Suite 417 Davie, FL 33328 Telephone: (954) 889-3359 Facsimile: (954) 889-5913 E-mail: JEggnatz@JusticeEamed.com MPascucci@JusticeEamed.com SSaul@JusticeEamed.com - and - Kim E. Richman, Esq. RICHMAN LAW GROUP 81 Prospect Street Brooklyn, NY 11201 Telephone: (212) 687-8291 Facsimile: (212) 687-8292 E-mail: krichman@richmanlawgroup.com PROFESSIONAL PLACEMENT: Schneider Moves for Class Certification --------------------------------------------------------------- Mary Schneider moves the Court to certify the class described in the complaint of the lawsuit styled MARY SCHNEIDER, Individually and on Behalf of All Others Similarly Situated v. PROFESSIONAL PLACEMENT SERVICES LLC and CAPITAL ONE N.A., Case No. 2:17-cv- 01734-WED (E.D. Wisc.), and further asks that the Court both stay the motion for class certification and to grant the Plaintiff (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. Damasco and decisions like it imposed significant burdens on the Court and on Plaintiff's Counsel, the Plaintiff asserts, citing Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence, Ms. Schneider states. The Supreme Court's decision in Campbell-Ewald Co. v. Gomez, 2016 U.S. LEXIS 846 *14-15 (U.S. Jan. 20, 2016) (internal citations omitted) and Chapman should have put a stop to this practice, Ms. Schneider contends. Unfortunately, they have not, she continues. In dicta, the Supreme Court left open the possibility that a defendant facing a class action complaint could moot a class representative's case by depositing funds equal to or in excess of the maximum value of the plaintiff's claim with the court and having the court enter judgment in the plaintiff's favor prior to a class certification motion. Campbell-Ewald Co., 2016 U.S. LEXIS 846 *19 ("We need not, and do not, now decide whether the result would be different if a defendant deposits the full amount of the plaintiff's individual claim in an account payable to the plaintiff, and the court then enters judgment for the plaintiff in that amount."). One defendant has already attempted the scheme contemplated in Campbell-Ewald. In Severns v. Eastern Account Systems of Connecticut, Inc., Case No. 15-cv-1168, 2016 U.S. Dist. LEXIS 23164 (E.D. Wis. Feb. 24, 2016), the defendant moved the Court for leave to deposit funds. Judge Randa denied the request on grounds that a motion for class certification was pending at the time of the defendant's motion. Ms. Schneider asserts that she is obligated to move for class certification to protect the interests of the putative class. As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, Ms. Schneider contends. One of the judges in this District has, in the past, specifically requested of Plaintiff's counsel that he not file a brief and supporting documents in support of a class certification motion filed with a complaint pursuant to Damasco. But doing so would violate the local rules absent the type of relief sought in this Motion, Ms. Schneider states. The Plaintiff also asks to be appointed as class representative, and for the appointment of Ademi & O'Reilly, LLP, as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=kqMzU8qf The Plaintiff is represented by: John D. Blythin, Esq. Mark A. Eldridge, Esq. Jesse Fruchter, Esq. Ben J. Slatky, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: jblythin@ademilaw.com meldridge@ademilaw.com jfruchter@ademilaw.com bslatky@ademilaw.com PROJECT RESOURCES: "Avila" Suit Seeks Unpaid Overtime Wages ----------------------------------------------------------- Mario Avila, on behalf of himself and all others similarly situated employees, Plaintiff, v. Project Resources Group, Inc., Defendant, Case No. 17-cv-03762, (S.D. Tex., December 13, 2017), seeks actual damages in the amount of unpaid overtime wages, liquidated damages, prejudgment and post-judgment interest, court costs, reasonable attorneys' fees and all other relief under the Fair Labor Standards Act. Defendant provides outside plant damage investigation and recovery services where Plaintiff worked as a former Damage Field Investigator. He claims compensation for overtime for work more than forty hours in a workweek. Plaintiff is represented by: Clayton D. Craighead, Esq. THE CRAIGHEAD LAW FIRM, PLLC 440 Louisiana, Suite 900 Houston, TX 77002 Tel: (832) 798-1184 Fax: (832) 553-7261 Email: clayton.craighead@thetxlawfirm.com RMI INTERNATIONAL: Fails to Timely Pay Wages, Ekladyous Claims -------------------------------------------------------------- Mina Ekladyous, as an individual and on behalf of all others similarly situated, the Plaintiff, v. RMI International, Inc. and Does 1 through 50, the Defendants, Case No. BC684036, (Cal. Sup. Ct., November 17, 2017), seeks to recover damages for violation of the Labor Code. The complaint alleges that the Defendants failed to pay all of their employees, including Plaintiff and other members of Class, on a timely basis in accordance with the Labor Code. Pursuant to the Labor Code, all Temporary Services Employees must be paid their wages on a weekly basis. Plaintiff alleges that he and all other Temporary Services Employees were paid their wages beyond the time frames set forth in the Labor Code. The Defendants' practice and uniform administration of corporate policy regarding untimely payment of wages is unlawful and creates an entitlement to recovery.[BN] Plaintiff is represented by: Edward W. Choi, Esq. Paul M. Yi, Esq. LAW OFFICES OF CHOI & ASSOCIATES, P.C. 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Telephone: (213)381-1515 Facsimile: (213) 465-4885 SAN FRANCISCO, CA: "Carroll" Pension Suit Underway -------------------------------------------------- Joyce Carroll, individually and on behalf of all others similarly situated, the Plaintiff, v. City and County of San Francisco, San Francisco Retirement Board, San Francisco Employees Retirement System and Does 1 to 15, the Defendants, Case No. CGC-17-562580, seeks compensatory damages and punitive damages, as well as interest, attorney's fees, costs (including expert-witness fees), and injunctive relief, all pursuant to the California Government Code section 12965. The complaint alleges that the Plaintiff, including the other similarly situated persons, have been injured by Defendants' payment of reduced retirement benefits to them on the basis of their age at hiring in violation of the California Fair Employment and Housing Act. The Plaintiff and other similarly situated persons were over 40 years of age at the time of hiring and eligible for disability retirement at the time of retirement.[BN] Plaintiff is represented by: Randall B. Aiman-Smith, Esq. Reed W.L. Marcy, Esq. Hallie Von Rock, Esq. Carey A. James, Esq. Brent A. Robinson, Esq. AIMAN-SMITH MARCY 7677 Oakport St. Suite 1150 Oakland, CA 94621 Telephone: (510) 817-2711 Facsimile: (510) 562-6830 Email: ras@asmlawyers.com Email: rwlm@asmlawyers.com Email: hvr@asmlawyers.com Email: caj@asmlawyers.com Email: bar@asmlawyers.com SAULSBURY INDUSTRIES: Class of Workers Certified in "Kilmon" Suit ----------------------------------------------------------------- The Hon. Robert A. Junell granted the Plaintiff's motion for conditional certification and for notice to putative class members in the lawsuit entitled MICHAEL KILMON, Individually and on behalf of others similarly situated v. SAULSBURY INDUSTRIES, INC., Case No. 7:17-cv-00099-RAJ-DC (W.D. Tex.). The class is defined as: ALL CURRENT AND FORMER EMPLOYEES OF SAULSBURY INDUSTRIES, INC. WHO WERE, AT ANY POINT IN THE PAST THREE (3) YEARS, PAID STRAIGHT TIME FOR OVERTIME. On May 18, 2017, Plaintiff originally filed this suit as a collective action under the Fair Labor Standards Act. The Plaintiff seeks unpaid overtime compensation on behalf of himself and all others similarly situated. Judge Junell directs the Plaintiff to file with the Court a Revised Proposed Notice that complies with the Order. The Defendant shall provide the Plaintiff's counsel with the names, last known addresses, e-mail addresses, and telephone numbers of the potential opt-in plaintiffs, in a usable electronic format. The Plaintiff's counsel shall, upon obtaining the Court-Ordered Information, be permitted to send notices of this action in the form set forth in Plaintiff's Revised Proposed Notice, by mail and e-mail, for a period of 60 days from the date the Defendant provides the Plaintiff with the Court-Ordered Information. The Plaintiff's counsel shall file an advisory of any sending of such notices with the Court within three business days of doing so. The notice shall inform all potential opt-in plaintiffs that they shall have until 60 days from the date the Defendant provides the Plaintiff with the Court-Ordered Information to deposit in the mail or e-mail their Notices of Consent to Join to counsel for the Plaintiff. The Plaintiff's counsel shall have until 15 days after the expiration of the 60-day notice period (which ends 60 days from the date the Defendant provides the Plaintiff's counsel with the Court-Ordered Information) to file the Notices of Consent to Join of all opt-in plaintiffs received. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=wAJ5oXmJ SOUTH STAR LOGISTICS: "Carrillo" Wage-and-Hour Suit Underway ------------------------------------------------------------ Tereso Carrillo, on behalf of himself and all others similarly situated, the Plaintiff, v. South Star Logistics, Inc., the Defendant, Case No. BC683545, (Cal. Sup. Ct., November 17, 2017), seeks to recover unpaid wages and other relief against the Defendant based on the Labor Code, Wage Order and Business and Professions Code. The complaint alleges that the Defendant failed to pay all wages for all hours worked, indemnify reasonable expenses incurred during the course of performing their duties, and provide accurate wage statements. The Defendant's conduct is unlawful as it maintained a policy, practice or a lack of policy which resulted to damage to the Plaintiff and other similarly situated persons.[BN] Plaintiff is represented by: David G. Spivak, Esq. Sehyung "Logan" Park, Esq. THE SPIVAK LAW FIRM 16530 Ventura Blvd., Ste. 312 Encino, CA 91436 Telephone: (818) 582-3086 Facsimile: (818) 582-2561 Email: david@spivaklaw.com Email: logan@spivaklaw.com SPECIALTY HOME: Paolercio Suit Alleges FLSA and ERISA Violations ---------------------------------------------------------------- YESSICA L. PAOLERCIO, individually and on behalf of other similarly situated individuals v. SPECIALTY HOME CARE SERVICES, INC., alias, ANNE SHATTUCK, alias, WILLIAM D. PANE, alias, and CHERYL LEE, alias, Case No. 1:17-cv-00561 (D.R.I., December 1, 2017), seeks compensatory, liquidated, and punitive damages, counsel fees, costs and other equitable relief arising out of the Defendants' alleged violations of the Fair Labor Standards Act, the Rhode Island Minimum Wage Act, the Rhode Island Payment of Wages Act, the Employee Retirement Income Security Act and the Rhode Island Whistleblower Protection Act. Specialty Homecare Services, Inc., is a corporation duly organized and incorporated under the laws of the Commonwealth of Massachusetts with a principal office located in Centerville, Massachusetts and a place of business located in Providence, Rhode Island. The Individual Defendants are owners, shareholders, officers or employees of the Company. Specialty Homecare provides non-medical health care services in the state of Rhode Island and Commonwealth of Massachusetts.[BN] The Plaintiff is represented by: Richard A. Sinapi, Esq SINAPI LAW ASSOCIATES, LTD. 2374 Post Road, Suite 201 Warwick, RI 02886 Telephone: (401) 739-9690 Facsimile: (401) 739-9040 E-mail: ras@sinapilaw.com STARZ ENTERTAINMENT: Illegally Charges Consumers, Roberts Alleges ----------------------------------------------------------------- TAWANNA ROBERTS, individually and on behalf of all others similarly situated v. STARZ ENTERTAINMENT, LLC, Case No. 1:17-cv- 09452 (E.D.N.Y., December 1, 2017), is brought for damages and other relief arising from Starz's alleged routine practice of charging consumers for its services without their consent. Ms. Roberts says that Starz, a video content provider, prominently advertises to consumers, on both its app and Web site: "7 day free trial. No commitment. Cancel anytime." She alleges that Starz lures consumers into signing up for its supposedly "free" 7-day trial, but then, it makes it difficult or impossible to cancel the supposedly "free trial," causing customers to pay for a service they never wanted to pay for. Starz Entertainment, LLC, is organized and exists under the laws of the state of Colorado with its principal place of business in Englewood, Colorado. Starz is a global media and entertainment company that provides premium subscription video programming on domestic U.S. pay television networks and produces and distributes content for worldwide audiences, including its investment in the STARZ PLAY Arabia OTT service. Starz is home to the flagship STARZ(R) brand and STARZ ENCORE channels and provides high-quality, entertaining premium subscription video programming with 17 premium pay TV channels and associated on- demand and online services, including the STARZ app.[BN] The Plaintiff is represented by: Todd S. Garber, Esq. Jean M. Sedlak, Esq. FINKELSTEIN, BLANKINSHIP, FREI-PEARSON & GARBER, LLP 445 Hamilton Avenue White Plains, NY 10601 Telephone: (914) 298-3281 Facsimile: (914) 824-1561 E-mail: tgarber@fbfglaw.com jsedlak@fbfglaw.com - and - Jeffrey Kaliel, Esq. KALIEL PLLC 1875 Connecticut Ave. NW, 10th Floor Washington, DC 20009 Telephone: (202) 615-3948 E-mail: jkaliel@kalielpllc.com STEEL PARTNERS: Faces "Pill" Suit Over Handy & Harman Merger Plan ----------------------------------------------------------------- David Pill and Alan Kahn, individually and on behalf of all others similarly situated v. Steel Partners Holdings L.P. and Robert Frankfurt, Case No. 657304/2017 (N.Y. Sup. Ct., December 11, 2017), arises out of the Agreement and Plan of Merger, dated June 26, 2017, pursuant to which Steel Partners Holdings L.P. acquired Handy & Harman Ltd.'s public minority interest through a tender offer and follow-on merger, whereby each HNH share was exchanged for 1.484 shares of 6.0% Series A preferred units of SPLP. However, says the complaint, the requirements of the Merger were not met because of the undisclosed conflicts of interest that tainted the process, a faulty financial analysis that prevented stockholders from being able to make a proper determination as to the fairness of the consideration, and an unfair resulting price calling into question the adequacy of the negotiations that culminated in unfair consideration being provided to the public stockholders of Handy & Harman Ltd. in the going private transaction. Steel Partners Holdings L.P. operates as a private equity firm with common units that trade on the New York Stock Exchange under the symbol "SPLP." [BN] The Plaintiff is represented by: James S. Notis, Esq. Jennifer Sarnelli, Esq. GARDY & NOTIS, LLP Tower 56 126 East 56th Street, 8th Floor New York, NY 10022 Telephone: (212) 905-0509 E-mail: jnotis@gardylaw.com jsarnelli@gardylaw.com - and - Carl L. Stine, Esq. Sean M. Zaroogian, Esq. WOLF POPPER LLP 845 3rd Avenue, 12th Floor New York, NY 10022 Telephone: (212) 759-4600 E-mail: cstine@wolfpopper.com szaroogian@wolfpopper.com - and - Harold B. Obstfeld, Esq. HAROLD B. OBSTFELD, P.C. 1185 Avenue of the Americas, 18th Floor New York, NY 10036 Telephone: (212) 696-1212 Facsimile: (212) 867-7369 E-mail: hobsd@rcn.com SURNAIK HOLDINGS: "Snider" Suit Underway in S.D. West Virginia -------------------------------------------------------------- The venue of the case styled as Paul Snider, on behalf of himself and a class of others similarly situated, the Plaintiff, v. Surnaik Holdings of WV, LLC, the Defendant, was removed from the Circuit Court of Wood County, Case No. 17-C-377, on November 20, 2017, to the U.S. District Court for the Southern District of West Virginia, Case No. 2:17-cv-04388 (S.D. W.Va.). The case is assigned to Judge Thomas E. Johnston for all further proceedings. In an Order dated Dec. 26, Judge Thomas E. Johnston held that: -- Rule 12(b) Motions were due Jan. 15, 2018. -- Rule 26(f) Meeting is set for Jan. 29, 2018. -- the Last day to file report of Rule 26(f) Meeting is Feb. 5, 2018. -- Scheduling Conference is set for 2:30 p.m. on Feb. 9, 2018, in Charleston. -- the Entry of Scheduling Order is Feb. 14, 2018. -- the Last Day to make Rule 26(a)(1) disclosures is Feb. 23, 2018.[BN] Plaintiff is represented by: Alexander D. McLaughlin, Esq. THE CALWELL PRACTICE P. O. Box 113 Charleston, WV 25321-0113 Telephone: (304) 343-4323 Facsimile: (304) 344-3684 Email: amclaughlin@calwelllaw.com - and - John H. Skaggs, Esq. THE CALWELL PRACTICE Law and Arts Center West 500 Randolph Street Charleston, WV 25302 Telephone: (304) 343-4323 Facsimile: (304) 344-3684 Email: jskaggs@calwelllaw.com Counsel For Defendant(s): Isaac Ralston Forman, Esq. Jonathan Zak Ritchie, Esq. Michael B. Hissam, Esq. Ryan McCune Donovan, Esq. BAILEY & GLASSER 209 Capitol Street Charleston, WV 25301-1386 Telephone: (304) 345-6555 Facsimile: (304) 342-1110 E-mail: iforman@baileyglasser.com zritchie@baileyglasser.com mhissam@baileyglasser.com rdonovan@baileyglasser.com SURVEILLANCE SECURITY: "Aslam" Suit in Cal. State Court Underway ---------------------------------------------------------------- A class action has been filed against Surveillance Security Inc. The case is titled as Navid Aslam, the Plaintiff, v. Surveillance Security Inc and Does 1-100, the Defendant, Case No. 34-2017- 00220142-CU-OE-GDS, (Cal. Sup. Ct., October 4, 2017).[BN] Plaintiff is represented by: Galen T Shimoda, Esq. SHIMODA LAW CORP 9401 East Stockton Blvd., Suite 200 Elk Grove, CA 95624 Tel: (916) 525-0716 SYMANTEC CORP: March 9 Conference in "Nathan" Auto Renewal Suit --------------------------------------------------------------- A case management conference has been scheduled for March 9, 2018, at 10:00 a.m. in the case, Reuben Nathan, individually and on behalf of all others similarly situated, the Plaintiff, v. Symantec Corporation and Does 1 through 100, the Defendants, Case No. 17CV319332 (Cal. Super. Ct., Nov. 17, 2017). Discovery and the responsive pleading deadline have been stayed, as of Nov. 30. The case seeks restitution, injunction and other equitable relief based on California Business and Professions Code, California Code of Civil Procedure and California Civil Code. According to the lawsuit, Nathan ordered a one-year subscription for Norton Security Deluxe from the Defendant and during that time of subscription the Plaintiff and other similarly situated consumers were subject to Defendant's unlawful policies and practices. The Defendant made and continues to make automatic renewal or continuous service offers to consumers but failed to present the automatic renewal offer terms in a clear and conspicuous manner before the subscription or purchasing agreement is fulfilled. The Defendant charged and continues to charge without first obtaining the consumer's affirmative consent to the agreement. Thus, the Plaintiff for himself and on behalf of all other similarly consumers allege among others violations of Unfair Competition Law and Consumer Legal Remedies Act.[BN] Plaintiff is represented by: Matthew Righetti, Esq. John Glugoski, Esq. Michael Righetti, Esq. RIGHETTI GLUGOSKI, PC 456 Montgomery Street, Suite 1400 San Francisco, CA 94104 Telephone: (415) 983-0900 Facsimile: (415) 397-9005 TATA CONSULTANCY: Faces US Class Action Over Anti-American Bias --------------------------------------------------------------- Rounak Kumar Gunjan, writing for News18.com, reports that India's largest software company Tata Consultancy Services (TCS) is facing a legal trial in the US over allegations of being biased against American workers. According to a Bloomberg report, TCS' request to dismiss a 2015 lawsuit that accused it of violating anti-discrimination laws by favouring South Asian workers was rejected by a federal judge in California. The federal judge expanded the case filed by American workers who lost their jobs at TCS offices in the US into a class-action suit, adding to the worries of the IT giant. On Dec. 27, the federal judge in Oakland, California, rejected a request from TCS to dismiss the 2015 lawsuit accusing it of violating anti-discrimination laws by favouring South Asians workers. Interestingly, TCS hired 12,500 people in the US between 2011 and 2016, creating more, according to a study by The Cambridge Report. The software major spent over $3 billion (Rs 19,360 crore) on employment, education and academic partnerships over the past three years in the US. While the case predates President Donald Trump's election, its objective mirrors one of his campaign promises: 'To reduce the use of overseas workers in US'. A class action suit is a case wherein one of the parties is a group of people who are represented collectively by a member of that group. In such a case, a representative sues a defendant or a number of defendants on behalf of the group, or class of parties. This differs from a traditional lawsuit, where one party sues another party for redress of a wrong, and all the parties are present in court. Earlier, TCS bagged a $2.25-billion outsourcing contract from Nielsen, global data and measurement firm. The partnership, signed in October in 2017, is a renewal of TCS' existing collaboration with Nielsen. The two companies had struck a 10-year deal in 2008 for $1.2 billion, which was expanded to $2.5 billion in 2013. Under the new deal, the terms of the agreement have been extended for an additional five years to expire on December 31, 2025, with three one-year renewal options granted to Nielsen. [GN] TERRANEA RESORT: Accused of Exploiting Foreign Exchange Interns --------------------------------------------------------------- Andrea Castillo, writing for Los Angeles Times, reports that foreign exchange interns Falak Rashid and her fiancÇ Wahid Rahman couldn't wait to start their year in Southern California. Terranea Resort billed itself as a 102-acre Palos Verdes luxury retreat, mere minutes from the bustle of Los Angeles. The couple, part of a culinary internship program, would rotate among the resort's eight restaurants and learn to prepare cuisines from around the world, becoming chefs capable of opening an international restaurant back in their native India. Instead, Rashid, 23, and Rahman, 24, who spent a combined $15,000 on airfare, U.S. visas and placement fees, said they were put to work as entry level cooks in one of the resort's kitchens, where they received no meaningful training, and under exploitative conditions. The couple stayed less than two months before deciding to cut their losses and fly back to Kolkata. They had blown through their savings and accumulated $11,000 in debt. Unite Here Local 11, which represents hotel workers in Southern California, filed a complaint with the U.S. State Department on behalf of Rashid and Rahman. The complaint alleges the resort "replaced nearly its entire entry-level cook workforce" with interns from Asian countries including the Philippines, Malaysia and India, employing about 45 such workers across its various kitchens by 2017. Unite Here asserts that the resort misled interns and violated the State Department's regulations for the J-1 cultural and educational exchange visa, as well as human trafficking and labor laws. The union seeks reimbursement of the couple's expenses and an investigation of Terranea's internship program. Filling positions with interns violates the visa program's mandate against displacing American workers, according to the complaint. The interns perform essentially the same routine tasks as ordinary workers but pay large placement fees and don't receive raises or benefits. "The workers are vulnerable to exploitation because their immigration status in the U.S. is tied to their continued employment at the resort," the complaint states. Advocates said many workers are afraid to speak out because they've spent so much money and they need the certificate of completion for their resume. Jessie Burns, a spokeswoman for the resort, called the allegations baseless. She said Terranea has offered culinary internships through the visa program since 2011. More than 160 students have completed the yearlong program, she said. "We are very proud of the students who we have trained and who have gone on to launch their own culinary journey," she said in an email. "Some of our interns have successfully opened their own restaurants, and become sous chefs and chefs at other resorts." Rashid and Rahman had recently graduated from culinary school and were looking for more hands-on experience before starting their careers. A visa sponsor organization, International Educational Exchange, recommended Terranea. The $480 million resort property is owned by the Los Angeles- based Lowe Enterprises and employs 1,200 people. The resort has nearly 600 rooms, four ocean-view pools, a spa and a nine-hole golf course. During a Skype interview, managers described the program as a valuable opportunity in which interns would learn about all the resort's operations and a variety of cuisines. The couple was selected for the program, which was set to begin August 15. Their problems started as soon as the plane touched down in Los Angeles. Rashid and Rahman said they had been told they would receive help finding a place to live. They ended up staying in a hotel for two nights before finding a room in a crowded two-bedroom apartment with four other Terranea employees. Mr. Burns said interns are provided information on temporary housing options in the area and outgoing interns, as well as the coordinating agency, often help incoming interns get settled. The couple's internship placement plans, which are signed by an International Educational Exchange representative and by two Terranea managers, specify that the interns would receive "on- site supervision and mentoring" through structured activities such as classroom training, seminars and department rotations. The plans said Rashid and Rahman would rotate in phases from kitchen prep, to meat and seafood, to sauces. They were promised cultural activities like a New Year's gala and visits to amusement parks. Terranea's managers assured that the trainees would receive daily feedback and that supervisors would address their questions and concerns. Their signatures certified that the interns would not fill a labor need. On her first day of work, making $14.50 an hour, Rashid said she was told to watch a 30-minute video on knife safety and read a book of safety procedures and a summary of recipes. Then, she was immediately put to work in the kitchen responsible for room service meals. A fellow intern showed Rashid how to make flatbreads then left her on her own. He said she'd have to learn quickly because she would be in charge of opening and closing the kitchen by her second week. "I'm here to learn," she recalled saying to him. "You can't leave an intern in charge of these things alone." The couple said their jobs consisted of cleaning, chopping vegetables and making sandwiches, burgers, salads and pizzas. They said they were berated by the chef on several occasions. They also had to purchase their own knives, thermometers and shoes. The Unite Here complaint says Terranea's conduct appears to violate the federal Trafficking Victims Protection Reauthorization Act, which prohibits fraudulently recruiting or hiring a person outside of the U.S. for employment in the U.S. under false pretenses. "This is not a typical trafficking case," said attorney Jeremy Blasi, "but there are elements of the law that are meant to protect workers from this kind of abuse." Lead cook Freddy Lovato, 45, said he noticed when interns began filling full-time entry-level cook positions. Now, he estimates that interns fill at least 60% of those positions overall. Mr. Lovato works in the room service kitchen, where he met Rashid and Rahman. He has 20 years cooking experience and has been with Terranea since it opened in 2009. He said the interns' lack of experience and training can make his job more difficult, especially because they leave just as they're getting better. "We train them fast because we also have our own duties," he said. Fed up, Rashid and Rahman decided to leave. They emailed their sponsor organization and flew home on Oct. 2. Now, Rahman works for a wedding planning company making $500 a month. He recently sold his Honda to make a loan payment. "I wanted to learn about the cuisine, the culture, the way of hospitality there and the way of cooking" he said. "But we were stuck in one place where we were only told to make pizza, flatbreads, salads and sandwiches." This isn't the first complaint against Terranea. Workers sued the hotel in October, over a wage dispute and allegations that they were denied meal and rest breaks. The lawsuit asserts that Terranea also doesn't reimburse some kitchen employees for cooking equipment. If approved by the court, the complaint could become a class-action suit, representing about 600 employees at the resort. Terranea was the subject of a class-action lawsuit in 2011 that contended the resort wasn't paying overtime wages and minimum wages as required by law. The suit was settled with the resort agreeing to pay $1.1 million to the workers and to cover attorney fees. Jon Tuason, 30, participated in the internship at Terranea in 2015 after the company recruited students at his culinary school in the Philippines. Mr. Tuason is a U.S. citizen but grew up in the Philippines. Like Rashid and Rahman, Mr. Tuason and two other interns arrived with no idea how to get to the resort or find housing. His first days at work consisted of filling small jars with oil. "I felt like a manufacturing machine," he said. "I knew it was going to be hard work -- I was expecting that. But I was at least expecting to learn something from it." Mr. Tuason said he stayed in the room service kitchen for about five months before he was allowed to transfer to the cold kitchen, where he made salads and peeled fruit for the remainder of his internship. Toward the end of his year at Terranea, Mr. Tuason sensed he would never receive the structured learning he had signed up for. He decided to ride it out, figuring he wouldn't get his money back and feeling too intimidated to complain. He now works at Bottega Louie in downtown Los Angeles in guest services. Before he left, Mr. Tuason said Terranea managers asked him to be part of a video presentation they would use to recruit more interns from the Philippines. He smiled for the camera and talked about how fun it is to live and work in the Golden State. "That line gets interns excited," he said. "The feeling that they're in California -- it's what drives them here. But at the end of the day, we're here to help Terranea save money." [GN] TOSHIBA CORP: U.S. Residents Launch Suit Over Nuclear Project ------------------------------------------------------------- Nikkei Asian Review reports that a group of U.S. residents has launched a class-action lawsuit against Toshiba over the decision to halt work on a pair of reactors being built by its bankrupt American nuclear unit, seeking unspecified damages. Two residents of South Carolina, home to the V.C. Summer nuclear plant, have taken the Japanese electronics conglomerate to court on behalf of customers purchasing power from South Carolina Electric & Gas, whose parent Scana manages the plant. Toshiba was served with the complaint on Dec. 26. Toshiba nuclear unit Westinghouse Electric of the U.S. was contracted to build two new reactors at the plant, with a portion paid for via premiums SCE&G charged customers on their electric bills. After Westinghouse filed for bankruptcy, Toshiba reached a deal to abandon the expansion. The plaintiffs now demand that Toshiba pay the customers who helped foot the bill for the canceled project. This marks the first damages claim Toshiba has faced over its U.S. nuclear operations. The total amount sought was not given in the documents received by the company. Toshiba has said it does not anticipate a major impact on earnings at this time. [GN] TRANS WORLD: "Spack" Class Suit Transferred to N.D. New York ------------------------------------------------------------ The class action lawsuit filed on April 20, 2017 captioned Carol Spack, on behalf of herself and all others similarly situated v. Trans World Entertainment Corp., Record Town, Inc., and Record Town USA, LLC, Case No. 3:17-cv-02687, was transferred on December 11, 2017, from the District of New Jersey to the U.S. District Court for the Northern District of New York. The District Court Clerk assigned Case No. 1:17-cv-01335-TJM-CFH to the proceeding. The case asserts labor-related claims. The Defendants operate a chain of entertainment media retail stores in the United States. [BN] The Plaintiff is represented by: Stephan T. Mashel, Esq. MASHEL LAW LLC 500 Campus Drive, Suite 303 Morganville, NJ Telephone: (732) 536-6161 Facsimile: (732) 536-6165 E-mail: smashel@machellaw.com The Defendant is represented by: William J. Anthony, Esq. JACKSON LEWIS P.C. 677 Broadway 9th Floor Albany, NY 12110 Telephone: (518) 512-8700 E-mail: anthonyw@jacksonlewis.com UCI KITCHEN & BATH: Discovery Plan Okayed in "Lorenzo" Labor Suit ----------------------------------------------------------------- In the case, Everardo Fermin Lorenzo and Jesus Fulgar Sandoval, individually and on behalf of all those similarly situated, the Plaintiffs, v. UCI Kitchen & Bath, Inc., Sohyla Nayebosadri and Touraj Nayebosadri, the Defendants, Case No. 1:17-cv-03895-WSD, (N.D. Ga., October 4, 2017), Judge William S. Duffey, Jr., entered a Scheduling Order approving the parties' Joint Preliminary Report and Discovery Plan. The time limits for adding parties, amending the pleadings, filing motions, completing discovery, and discussing settlement are as set out in the Federal Rules of Civil Procedure and the Local Rules of this Court. All discovery, fact and expert, shall be completed on or before April 30, 2018. Plaintiffs' Motion for Conditional Certification shall be filed on or before January 19, 2018. UCI Kitchen filed its Answer to Complaint on Dec. 1. Lorenzo was employed as a granite polisher while Sandoval was employed by Defendants as a marble fabricator. Plaintiffs were paid straight-time for all hours worked, despite working well in excess of 40 hours per week. Stated in the complaint is that both Plaintiffs worked 55 hours per week, which includes 40 regular hours and 15 overtime hours. Plaintiff Lorenzo is owed $28,140, and Plaintiff Sandoval is owed $39,690. Defendants have failed to pay overtime to these hourly employees, with no colorable argument as to why these workers are exempt. This constitutes a willful violation of the Fair Labor Standards Act within the meaning of 29 U.S.C. Sec. 255(a). UCI Kitchen & Bath Inc. is a full-service vendor of natural, synthetic, and exotic stone countertops and surfaces in the southeast region of the United States that cater to commercial clients, home builders, multifamily residential properties, corporations, and the hospitality industry in Georgia, South Carolina, North Carolina, Tennessee, and Alabama.[BN] Plaintiffs are represented by: Brandon A. Thomas, Esq. THE LAW OFFICES OF BRANDON A. THOMAS, PC 1800 Peachtree Street, N.W., Suite 300 Atlanta, GA 30309 Telephone: (404) 343-2441 Facsimile: (404) 352-5636 Email: brandon@brandonthomaslaw.com UNIVERSAL METRICS: Bonnett Sues Over Shaved Off Time ---------------------------------------------------- Jerry Bonnett, individually and on behalf of all others similarly situated, Plaintiff, v. Universal Metrics, Inc., Defendant, Case No. 17-cv-1742 (E.D. Wisc., December 13, 2017), seeks to recover unpaid overtime compensation, liquidated damages, costs, attorneys' fees, and/or any such other relief for violation of the Fair Labor Standards Act. Universal Metrics, Inc., is a metal fabrication company located in Menomonee Falls, Wisconsin where Bonnett worked. He claims that his employer rounds his start times to the next 15-minute increment and correspondingly rounded down his time-off to the last 15 minutes, thus effectively shortchanging him on his hours rendered. [BN] Plaintiff is represented by: Summer H. Murshid, Esq. Larry A. Johnson, Esq. Timothy P. Maynard, Esq. HAWKS QUINDEL, S.C. 222 East Erie, Suite 210 P.O. Box 442 Milwaukee, WI 53201-0442 Telephone: 414-271-8650 Fax: 414-271-8442 E-mail: ljohnson@hq-law.com smurshid@hq-law.com tmaynard@hq-law.com UNO RESTAURANT: Alvarez Moves to Certify Bussers & Servers Class ---------------------------------------------------------------- The Plaintiff in the lawsuit styled JOSE SANTOS ALVAREZ, on behalf of himself and others similarly situated v. UNO RESTAURANT ASSOCIATES, INC. d/b/a Prime Italian, a Florida for-profit corporation, and MYLES CHEFETZ, an individual, Case No. 1:17-cv- 24452-RNS (S.D. Fla.), moves the Court for an order certifying collective action and authorizing notice to all class members pursuant to the Fair Labor Standards Act of 1938. The Class consists of: All bussers and servers ("tipped employees") who worked for Defendants during the three (3) years preceding this lawsuit and who, as a result of Defendants' policy of requiring them to share their tips with non-tipped employees, earned less than the applicable minimum regular and overtime wage for one or more weeks during the Relevant Time Period. Mr. Alvarez also asks the Court to direct the Defendants to produce to his counsel within 20 days a list containing the names and last known addresses of putative 216(b) Class Members, who worked for the Defendants during the last three years. He further asks the Court to authorize his counsel to send a notice to all individuals whose names appear on the list produced by the Defendants' counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=USzbaY8y The Plaintiff is represented by: Robert W. Brock II, Esq. LAW OFFICE OF LOWELL J. KUVIN 17 East Flagler Street, Suite 223 Miami, FL 33131 Telephone: (305) 358-6800 Facsimile: (305) 358-6808 E-mail: robert@kuvinlaw.com URBAN SPACE: "McClendon" Suit Seeks to Recover Unpaid Overtime -------------------------------------------------------------- Craig McClendon, individually and on behalf of all other persons similarly situated v. Urban Space Works LLC, Urbanspace Grand Central LLC, Urban Space 230 Park LLC, and Eldon Scott and/or any other entities affiliated with or controlled by Urban Space Works LLC, Urbanspace Grand Central LLC, Urban Space 230 Park LLC, and Eldon Scott, Case No. 153586/2017, (N.Y. Sup. Ct., December 11, 2017), seeks to recover unpaid overtime compensation and withheld wages owed to Plaintiff and all similarly situated persons who are presently or were formerly employed by Urban Space Works LLC, Urbanspace Grand Central LLC, Urban Space 230 Park LL in the State of New York. The Defendants operate a business engaged in organizing, promoting, and managing local retail and culinary markets. [BN] The Plaintiff is represented by: Lloyd Ambinder, Esq. Alison Genova, Esq. VIRGINIA & AMBINDER, LLP 40 Broad Street, 7th Floor New York, NY 10004 Telephone: (212) 943-9080 E-mail: lambinder@vandallp.com VAN RU CREDIT: Certification of Class Sought in "Al" Suit --------------------------------------------------------- Deborah Al moves the Court to certify the class described in the complaint of the lawsuit captioned DEBORAH AL, Individually and on Behalf of All Others Similarly Situated v. VAN RU CREDIT CORPORATION, Case No. 2:17-cv-01738-JPS (E.D. Wisc.), and further asks that the Court both stay the motion for class certification and to grant the Plaintiff (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. Damasco and decisions like it imposed significant burdens on the Court and on Plaintiff's Counsel, the Plaintiff asserts, citing Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence, the Plaintiff states. The Supreme Court's decision in Campbell-Ewald Co. v. Gomez, 2016 U.S. LEXIS 846 *14-15 (U.S. Jan. 20, 2016) (internal citations omitted) and Chapman should have put a stop to this practice, the Plaintiff contends. Unfortunately, they have not, the Plaintiff asserts. In dicta, the Supreme Court left open the possibility that a defendant facing a class action complaint could moot a class representative's case by depositing funds equal to or in excess of the maximum value of the plaintiff's claim with the court and having the court enter judgment in the plaintiff's favor prior to a class certification motion. Campbell-Ewald Co., 2016 U.S. LEXIS 846 *19 ("We need not, and do not, now decide whether the result would be different if a defendant deposits the full amount of the plaintiff's individual claim in an account payable to the plaintiff, and the court then enters judgment for the plaintiff in that amount."). One defendant has already attempted the scheme contemplated in Campbell-Ewald. In Severns v. Eastern Account Systems of Connecticut, Inc., Case No. 15-cv-1168, 2016 U.S. Dist. LEXIS 23164 (E.D. Wis. Feb. 24, 2016), the defendant moved the Court for leave to deposit funds. Judge Randa denied the request on grounds that a motion for class certification was pending at the time of the defendant's motion. The Plaintiff asserts that she is obligated to move for class certification to protect the interests of the putative class. As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiff contends. One of the judges in this District has, in the past, specifically requested of Plaintiff's counsel that he not file a brief and supporting documents in support of a class certification motion filed with a complaint pursuant to Damasco. But doing so would violate the local rules absent the type of relief sought in this Motion, the Plaintiff states. The Plaintiff also asks to be appointed as class representative, and for the appointment of Ademi & O'Reilly, LLP, as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=RVhDqV3w The Plaintiff is represented by: John D. Blythin, Esq. Mark A. Eldridge, Esq. Jesse Fruchter, Esq. Ben J. Slatky, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: jblythin@ademilaw.com meldridge@ademilaw.com jfruchter@ademilaw.com bslatky@ademilaw.com WAGNER COLLEGE: Feb. 2 Case Conference in "Delacruz" Suit --------------------------------------------------------- A class action has been filed against Wagner College. The case is titled as Emanuel Delacruz, individually and on behalf of all other persons similarly situated, the Plaintiff, v. Wagner College, the Defendant, Case No. 1:17-cv-08992-RA (S.D.N.Y., November 16, 2017). The case is assigned to Judge Ronnie Abrams. By Order dated Dec. 22, the Court set the Initial Case Conference for Feb. 2 at 12:15 p.m. in Courtroom 1506, 40 Foley Square, New York, NY 10007 before Judge Abrams. By Jan. 26, the parties must submit a joint letter and a proposed case management plan and scheduling order.[BN] Plaintiff is represented by: Dana Lauren Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 East 18th Street Suite PHR New York, NY 10003 Telephone: (917) 796-7437 Facsimile: (212) 982-6284 Email: danalgottlieb@aol.com WEST KENDALL IMPORTS: "Rodas" Labor Suit Removed to S.D. Fla. ------------------------------------------------------------- The case, Rodas v. WestKendall Imports, LLC, has been removed to the U.S. District Court for the Southern District of Florida U.S. District Court and assigned Case No. 17-cv-24711, on Dec 28, 2017. The case was originally captioned, Christopher Gabriel Rodas, individually and on behalf of all others similarly situated, the Plaintiff, v. West Kendall Imports, Inc., the Defendant, Case No. 64370558, (Circuit Court of the 11th Judicial Circuit in and for Miami Date County Florida, November 17, 2017), and seeks to recover unpaid overtime an additional equal amount as liquidated damages, obtain declaratory relief and reasonable attorneys' fees and costs. The Plaintiff was employed with Defendants as a non-exempt parts puller from approximately August of 2015 through October 17, 2017 in which the Defendant failed to compensate the Plaintiff at the required overtime at rate of one and a half times Plaintiff's regular rate of pay for all hours worked in excess of 40 within a single work week. Thus, the Plaintiff bring the class action for himself and other similarly-situated individuals seeks to recover for unpaid wages accumulated from August 2015.[BN] Plaintiff is represented by: Anthony M. Georges-Pierre, Esq. REMER & GEORGES-PIERRE, PLLC 44 West Flagler St., Suite 2200 Miami, FL 33130 Telephone: (305) 416-5000 Facsimile: (305) 416-5005 Email: agp@rgpattomeys.com Email: apetisco@rgpattomeys.com Email: negueiro@tgpattotneys.com Email: pn@rgpattomeys.com Counsel for Defendant(s): Melissa Segarra Zinkil, Esq. AKERMAN LLP 777 South Flagler Drive Suite 1100 West Tower West Palm Beach, FL 33401-6147 Telephone: (561) 671-3675 Facsimile: 659-6313 E-mail: Melissa.Zinkil@akerman.com - and - James Scott Bramnick, Esq. AKERMAN LLP Three Brickell City Centre 98 Southeast Seventh Street, Suite 1100 Miami, FL 33131 Telephone: (305) 982-5505 Facsimile: (305) 349-4759 E-mail: james.bramnick@akerman.com WHITE GLOVE ENTERPRISE: "Arboleda" Suit Underway in N.Y. -------------------------------------------------------- A preliminary conference was held before the Hon. Leonard Livote on January 9, 2018, in the case, Jorge Arboleda, Luis Torres, Jose Restrepo, Marvin Lemus, William A. Hernandez and Elmer Reyes, individually and on behalf of all others similarly situated, the Plaintiffs, v. White Glove Enterprise Corp., Enalet Enterprise Corp., Ale Enterprise Corp., Sleepy's LLC, Mattress Firm Inc. and Axel S. Rivas, the Defendants, Case No. 711980/2017 (N.Y. Sup. Ct., Nov. 20, 2017). The hearing has been adjourned to Feb. 13. The case seeks to recover damages for egregious violations of state overtime and minimum wage laws. The complaint alleges causes of action against the Defendants which are overtime wages under New York Labor Law, minimum wages under New York Labor Law, spread of hours compensation under New York Labor Law, violation of the notice and record keeping requirements of the New York Labor Law and violation of the wage statement requirements of the New York Labor Law. The Plaintiffs and the members of the class have been victims of a common pattern or practice, policy or plan perpetuated by Defendants that violated their rights under the FLSA and NYLL.[BN] Plaintiffs are represented by: Roman Avshalumov, Esq. HELEN F. DALTON & ASSOCIATES, P.C. 69-12 Austin Street Forest Hills, NY 11375 Telephone: (718) 263-9591 WILLIS TOWERS: CEO Haley et al. Must Answer Suit by Feb. 20 ----------------------------------------------------------- The case, Cambridge Retirement System, on behalf of itself and all others similarly situated, the Plaintiff, v. Willis Towers Watson PLC, Towers Watson & Co., Willis Group Holding PLC, ValueAct Capital Management, John J. Haley, Dominic Casserley and Jeffrey W. Ubben, the Defendants, Case No. 1:17-cv-01338-AJT-JFA, (E.D. Va., November 21, 2017), is underway. On Dec. 21, 2017, Magistrate Judge John F. Anderson entered an order granting a Joint Motion For Entry of Order Suspending Defendants' Obligations to Respond to Complaint. According to a docket entry dated Dec. 22, Defendants Casserley and Haley's answer to the Complaint are due Feb. 20. Defendant Ubben has until Feb. 5 to file his answer. The deadline for defendants Towers Watson & Co., Valueact Capital Management, Willis Group Holding plc, and Willis Towers Watson plc to answer the Complaint was Dec. 21. The class action seeks compensatory damages for alleged violation of the Securities Exchange Act. The case arises from the early 2016 merger between Towers and Willis. The $18 billion merger required the approval of a majority of Towers shareholders and it became immediately apparent that many Towers shareholders were dissatisfied with the consideration they would receive in the deal, the lawsuit relates. Recognizing the waning shareholder support for the originally agreed upon merger, the Towers Board of Directors authorized Towers Chairman and CEO John Haley to renegotiate the deal terms, including both the exchange ratio and the cash dividend. Towers shareholders were misled into accepting consideration from the Merger due to Defendants' materially false and misleading statements or misrepresentations, the lawsuit claims. Massachusetts-based Cambridge Retirement System manages $1.3 billion in assets.[BN] Plaintiff is represented by: Susan R. Podolsky, Esq. LAW OFFICES OF SUSAN R. PODOLSKY 1800 Diagonal Road, Suite 600 Alexandria, VA 22314 Telephone: (571) 366-1702 Facsimile: (703) 647-6009 Email: spodolsky@podolskylaw.com - and - Gerald H. Silk, Esq. Avi Josefson, Esq. BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 1251 Avenue of the Americas New York, New York 10020 Telephone: (212) 554-1400 Facsimile: (212) 554-1444 Email: jerry@blbglaw.com Email: avi@blbglaw.com WM MORRISONS: Still Liable for Employee's Data Breach, Court Says ----------------------------------------------------------------- James Froud, Esq., Pattie Walsh, Esq., Elizabeth Lang, Esq., Ian Hunter, Esq., of Bird & Bird, in an article for Lexology, wrote that the High Court has confirmed that an employer was vicariously liable for an employee's breach of the Data Protection Act 1998 (DPA), following his intentional disclosure of personal data relating to around 100,000 colleagues on the internet. Notwithstanding the fact that the disclosure took place outside of working hours and from the employee's personal device, there was 'sufficient connection' between his employment and the breach for vicarious liability to arise. A senior IT auditor had access to certain restricted payroll data in the course of his employment at Morrisons. Aggrieved after being disciplined for an unrelated matter, he copied the data onto a personal USB stick and published a file containing the personal details of around 100,000 colleagues onto a public file sharing website. Morrisons initiated take-down proceedings as soon as it was alerted to the publication and the employee was subsequently convicted under the UK's Computer Misuse Act. Separately, over 5,500 employees initiated a civil class-action claim against Morrisons, alleging a breach of statutory duty under the DPA. Although the High Court accepted that Morrisons could not be directly liable under the DPA, as it was not the data controller at the time of the breach and its security measures were largely appropriate, vicarious liability was established. Morrisons entrusted the employee with payroll data and assigned him specific tasks in relation to it, which established sufficient connection between his employment and the disclosure for the purposes of vicarious liability. The fact that the breach occurred at the weekend, from home, and using personal equipment, was not enough to break the link. For employers, this decision appears harsh and sets a worrying precedent that they will be held liable for the actions of rogue employees over which they have limited control and in circumstances where they have taken reasonable steps to prevent unauthorised activity. The possibility of class-action claims involving thousands of claimants, and enhanced administrative fines under the incoming GDPR, only raises the stakes. The case scores to underline the importance of organisations establishing holistic strategies to protect their data assets. [GN] WORLDWIDE CAPITAL: Accused by "Milosch" Suit of Privacy Invasion ---------------------------------------------------------------- CHRIS MILOSCH, individually and on behalf of all others similarly situated v. WORLDWIDE CAPITAL MANAGEMENT INC.; and DOES 1-10, inclusive, Case No. 8:17-cv-02101 (C.D. Cal., December 1, 2017), accuses the Defendants of negligently contacting the Plaintiff on his cellular telephone, in violation of the Telephone Consumer Protection Act, thereby invading his privacy. Based in Irvine, California, Worldwide Capital Management, Inc., is in the business of providing up to $2 million immediate capital for business expense, with both fixed and flexible repayment options.[BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Meghan E. George, Esq. Adrian R. Bacon, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St., Suite 780 Woodland Hills, CA 91367 Telephone: (877) 206-4741 Facsimile: (866) 633-0228 E-mail: tfriedman@toddflaw.com mgeorge@toddflaw.com abacon@toddflaw.com YOUGOZ GROUP: Faces "Williams" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Chloe Williams and Kaitlinanne Junod, on behalf of themselves and all others similarly situated v. Yougoz Group, Inc., Walid Ahmad, and Stefanie Ahmad, Case No. 1784CV04002, (Mass. Super. Ct., December 11, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the Massachusetts Wage Law. Yougoz Group, Inc. owns and operates Pepper Gang advertising company that specializes in digital advertising. [BN] The Plaintiff is represented by: Josh Gardner, Esq. Nicholas J. Rosenberg, Esq. GARDNER & ROSENBERG P.C. One State Street, Fourth Floor Boston, MA 02109 Telephone: (617) 390-7570 E-mail: josh@gardnerrosenberg.com ZACKS INVESTMENT: Feb. 16 Settlement Opt-Out Deadline Set --------------------------------------------------------- IF YOU RECEIVED A TELEPHONE CALL FROM ZACKS, YOU MAY BE ENTITLED TO MONEY Kerr, et al. v. Zacks Investment Research, Inc. et al. S.D. Cal. 3:16-cv-01352-GPC (BLM) If, at any time between May 6, 2012 to June 30, 2017, inclusive, you received a telephone call from Zacks Investment Management, Inc. ("ZIM") or Zacks Investment Research, Inc. ("ZIR") that was initiated using an automatic telephone dialing system ("ATDS"), you could receive money under a class action settlement. A proposed class action settlement has been reached in a lawsuit called Ker, et al. v. Zacks Investment Research, Inc., et al., Case No. 3:16-cv-01352-GPC (BLM), which is pending in the United States District Court for the Southern District of California. The lawsuit claims that ZIM and/or ZIR initiated or caused to be initiated telephone calls to the cellular telephones of certain of customers or potential customers using an ATDS and without obtaining the requisite consent, in violation of the Telephone Consumer Protection Act, 47 U.S.C. Sec. 227 ("TCPA"). ZIM and ZIR deny the claims in the lawsuit and the Court has not decided which party is right. The deadline for filing claims, opting out, or objecting to the settlement is February 16, 2018. To learn more about the settlement, please visit www.kerrvzirsettlement.com or contact the Settlement Administrator at 1-888-202-1727. You may also contact Class Counsel, Dostart Hannink & Coveney LLP, at 1-858- 623-4265. ********* 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 * * *