/raid1/www/Hosts/bankrupt/CAR_Public/180214.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, February 14, 2018, Vol. 20, No. 33
Headlines
ABC PROFESSIONAL: "Solis" Suit Seeks Overtime Pay under FLSA
AETNA INC: "Rosenfeld" Suit Seeks to Enjoin Merger with CVS
ALLERGAN: Faces AHOLD Class Suit Over Restasis Monopoly
ALMA BANK: Faces "Duncan" Suit in Eastern District New York
ALPINE CAPITAL: Faces "Duncan" Suit in E.D. of New York
APPLE INC: Merenstein Sues over Performance of Older Phones
APPLE INC: Faces "Cunningham" Suit Over Iphone Throttling Issues
APPLE INC: Faces Transcontinental Legal Woes Over Slowed iPhones
APPLE INC: Taps Gibson Dunn to Defend iPhone Class Actions
APPLUS RTD: Faces "Yates" Suit in California Superior Court
BAKER HUGHES: Fails to Pay Minimum Wages & OT, Ramirez Says
BANK OF HOPE: Faces "Duncan" Suit Eastern District New York
BARON T LTD: Faces "Bishop" Suit in Southern District of NY
BCB BANCORP: Faces "Duncan" Suit in Eastern District New York
BEST BUY: Faces "Stinson" Class Action in Minnesota
BLUE MOON HOTEL: "Fermin" Suit Seeks Minimum Wage and OT Pay
BRIDGE BANCORP: Faces "Duncan" Suit in Eastern District New York
BUCA INC: Faces "Hicks" Suit in California Superior Court
BURGER KING: "Gesten" Suit Moved to Southern District of Florida
C.H. SUPERMARKET: Faces "Chen" Suit in E.D. New York
CAPTIVA MVP: Faces "Funkhouser" Suit Over Failure to Pay Overtime
CENTURYLINK INC: "Craig" Suit Moved to District of Minnesota
CITY NATIONAL BANCSHARES: Faces "Duncan" Suit in E.D. of New York
COHEN ROSENBERG: Faces "Cruz" Suit in Eastern District New York
COMPUTER CREDIT: Faces "Hazan" Suit in Eastern District New York
CONNECTONE BANCORP: Faces "Duncan" Suit in E.D. of New York
CREDIT BUREAU: Faces "Perro" Suit in Northern District Georgia
CREDIT CONTROL: Faces "Kodirova" Suit in E.D. New York
CREDIT SERVICE: Faces "Moffett" Suit in N.D. Texas
CROSBY STREET HOTEL: Faces "Olsten" Suit in S.D. New York
CROSS COUNTY: Faces "Duncan" Suit in Eastern District New York
CTBC BANK: Faces "Duncan" Suit in E.D. New York
CWI HOLDINGS: "Pruitt" Suit Seeks Overtime Pay under FLSA
DAWG INC: "Price" Suit Moved to Southern District of Florida
DELTA NAT'L BANK: Faces "Duncan" Suit in E.D. of New York
DRUNK ELEPHANT: Faces "Nguyen" Suit in S.D. New York
EBAY INC: Faces "Wang" Suit in California Superior Court
ENHANCED RECOVERY: Faces "Berger" Suit in E.D. New York
ENHANCED RECOVERY: Faces "Robinson" Suit in E.D. Pennsylvania
EQUIFAX INC: Faces Sea Comm Federal Credit Suit in N.D. of Ga.
EQUIFAX INC: Judge Thomas Trash Sorts Data Breach Suits
FARMICIA LLC: Faces "Conner" Suit in E.D. Pennsylvania
FIVE BROTHERS AUTO: Faces "Santos" Suit in S.D. New York
GC SERVICES: Faces "Diaz" Suit in Southern District New York
HEWLETT ASSOCIATES: Faces "Quinatoa" Suit in N.Y. Supreme Court
HOST INTERNATIONAL: "Wilson" Suit Moved to District of California
INTERSTATE RECOVERY: Faces "Kurkowski" Suit in W.D. of Wisconsin
JANSSEN PHARMACEUTICALS: Judge Tosses $28MM Xarelto Verdict
JASON JAPANESE: Faces "Wang" Suit in Eastern District of New York
KATE ONE CORP: Faces "Pineda" Suit in S.D. New York
LIBRARY HOTEL: Faces "Fischler" Suit in S.D. New York
LSTD, LLC: Faces "Taveras" Suit in S.D. New York
LUXOR LIMO: Faces "Bishop" Suit in S.D. New York
MARQUIS & CO: Faces "Anderson" Suit in E.D. Pennsylvania
MCFNY2 LLC: Faces "Lang" Suit in Southern District New York
MDL 2741: "McClain" Class Suit Transferred to N.D. Calif.
MDL 2741: "Rodgers" Class Suit Transferred to N.D. Calif.
MDL 2804: Philadelphia Teachers' Suit Moved to N.D. Ohio
MDL 2804: Judge Calls for Quick Settlement of Opioid Cases
MERCK & CO: UFCW Local Alleges Price-Fixing of Zetia Drug
METLIFE INC: Faces "Parchmann" Suit over 11% Drop in Share Price
MICROSOFT CORP: Fights Gender Discrimination Class Action
MONSANTO COMPANY: Parkers Sue Over Sale of Herbicide Roundup
MONSANTO COMPANY: "Farms" Suit Moved to Eastern Dist. of Missouri
NEW SOMAHANG AUTO: Faces "Cabrera" Suit in E.D. New York
NFL: Law Firms Question Expert's Attorney Fees Report
OGLETREE DEAKINS: Responds to Gender Discrimination Class Action
OSI SYSTEMS: St. Louis Cops Allege Securities Law Violation
OXY USA: Hitch Enterprises Suit Moved to District of Kansas
PERKINS & MARIE: Carter Sues over California Disabled Persons Act
PERPETUAL POOCH: Faces "Kiler" Suit in Eastern District Penn.
PORTFOLIO RECOVERY: Faces "Burton" Suit in W.D. Texas
POWER DESIGN: "Mejia" Suit Seeks Unpaid Wages & OT under FLSA
RAYMOND MANAGEMENT: Sharrieff Sues over Use of Biometric Data
RECOMMENDATION CONTRACTING: Melgar Seeks OT Wages under FLSA
SAMSUNG ELECTRONICS: Faces "McCallon" Suit in District of Utah
SERVICE LINK: Faces "Britton" Suit in E.D. Washington
SIMPLE MILLS: Faces "Sanabria" Suit in E.D. New York
SOHO HOTEL: Faces "Olsen" Suit in S.D. New York
SOUTHCROSS ENERGY: Marshall Balks at America Midstream Merger
SOUTHCROSS ENERGY: Johnson Balks at American Midstream Merger
SOUTHWEST COLLECTION: Faces "Dobler" Suit in N.D. Texas
STANDARD INT'L: Faces "Olsen" Suit in Southern District New York
STANLEY FURNITURE: Smith Sues over Churchill Downs Merger Deal
STARLINE TOURS: "Pacheco" Suit Seeks PAGA Civil Penalties
STONE ENERGY: "Miskowiec" Suit Seeks to Enjoin Merger with Talos
SUB-ZERO GROUP: Faces "Bishop" Suit in S.D. New York
SWEETWORKS CONFECTIONS: Faces "Green" Suit in S.D. New York
SYNCHRONY BANK: Faces "Mott" Suit in M.D. Florida
TRADER JOE'S: "Cesta" Suit Moved to Central Dist. of California
TRANS UNION: Faces "Walsh" Suit in Middle District Florida
TRINITY' WESTCOM: Fails to Pay OT & Minimum Wages, Mendoza Says
TRUE FRESH: Fails to Pay Minimum Wages & Overtime under FLSA
US SECURITY: "Parker" Suit Moved to Eastern District of Arkansas
USCB INC: Faces "Black" Suit in Northern District California
VISTA COVE: Underpays Caregivers, "Vasquez" Suit Alleges
WAKEFIELD & ASSOCIATES: Faces "Velez" Suit in S.D. of Florida
WILLIAMS-SONOMA: Ayala Seeks Unpaid Wages & OT Pay
YO FRESH: Faces "Fischler" Suit in S.D. New York
ZWICKER & ASSOCIATES: Faces "Cafison" Suit in E.D. New York
*********
ABC PROFESSIONAL: "Solis" Suit Seeks Overtime Pay under FLSA
------------------------------------------------------------
MARCOS SOLIS, individually and on behalf of all others similarly
situated, the Plaintiffs, v. ABC PROFESSIONAL TREE SERVICES,
INC., the Defendant, Case No. 4:18-cv-00333 (S.D. Tex., Feb. 5,
2018), seeks to recover overtime pay under the Fair Labor
Standards Act.
According to the compliant, the Plaintiffs were required to begin
work 30 minutes to one hour early every day to prepare all of the
tree trimming machinery so that work could start immediately at
7 a.m. This daily time resulted in Plaintiffs working over 40
hours a week and triggering mandatory overtime at a rate one and
a half times their normal hourly rate. The Plaintiffs were never
paid for any of that work and thus are entitled for unpaid
overtime due to them under the FLSA as well as state law.
ABC Professional provides right-of-way vegetation management and
emergency restoration services.[BN]
The Plaintiff is represented by:
Benjamin R. Roberts
Chad Pinkerton
THE PINKERTON LAW FIRM, PLLC
www.ChadPinkerton.com
Montrose Blvd, Suite 550
Houston, TX 77006
Telephone: (713) 360 6722
Facsimile: (713) 360 6810
E-mail: broberts@chadpinkerton.com
AETNA INC: "Rosenfeld" Suit Seeks to Enjoin Merger with CVS
-----------------------------------------------------------
JOEL ROSENFELD, On Behalf of Himself and All Others Similarly
Situated, the Plaintiff, v. AETNA, INC., MARK T. BERTOLINI,
FERNANDO AGUIRRE, FRANK M. CLARK, BETSY Z. COHEN, MOLLY J. COYE,
ROGER N. FARAH, JEFFREY E. GARTEN, ELLEN M. HANCOCK, RICHARD J.
HARRINGTON, EDWARD J. LUDWIG, JOSEPH P. NEWHOUSE, and OLYMPIA J.
SNOWE, the Defendants, Case No. 3:18-cv-00213 (D. Conn., Feb. 5,
2018), seeks to enjoin defendants and all persons acting in
concert with them from proceeding with, consummating, or closing
a proposed transaction and any vote on a proposed merger
transaction, unless and until defendants disclose and disseminate
material information to Aetna stockholders. In the event the
defendants consummate the Proposed Transaction, the Plaintiff
asks the Court to rescind the deal and set it aside or award
rescissory damages to Plaintiff and the Class.
On December 3, 2017, Aetna entered into an Agreement and Plan of
Merger with CVS Health. Pursuant to the terms of the Merger
Agreement, Aetna stockholders will receive $145.00 in cash and
0.8378 of a share of CVS Health common stock for each Aetna
common share held, representing approximately $207 per share of
Aetna. The Proposed Transaction is valued at approximately $69
billion.
On January 4, 2018, CVS Health filed a Form S-4 Registration
Statement with the SEC in connection with the Proposed
Transaction. The Registration Statement, which recommends that
Aetna stockholders vote in favor of the Proposed Transaction,
omits or misrepresents material information concerning, among
other things: (i) Aetna and CVS Health's financial projections,
relied upon by Aetna's financial advisors, Lazard Freres & Co.
LLC and Allen & Company LLC, in their financial analyses; and
(ii) the valuation analyses prepared by Lazard and Allen in
connection with the rendering of their fairness opinions. The
failure to adequately disclose such material information
constitutes a violation of Sections 14(a) and 20(a) of the
Exchange Act, as Aetna stockholders need the information to cast
a fully-informed vote in connection with the Proposed
Transaction.
According to the complaint, unless remedied, Aetna's public
stockholders will be forced to make a voting decision on the
Proposed Transaction without full disclosure of all material
information concerning the Proposed Transaction being provided to
them. Plaintiff seeks to enjoin the stockholder vote on the
Proposed Transaction unless and until the Securities Exchange Act
violations are cured.
Aetna Inc. is an American managed health care company, which
sells traditional and consumer directed health care insurance
plans and related services, such as medical, pharmaceutical,
dental, behavioral health, long-term care, and disability
plans.[BN]
The Plaintiff is represented by:
Shannon L. Hopkins, Esq.
LEVI & KORSINSKY LLP
733 Summer Street, Suite 304
Stamford, CT 06901
Telephone: (203) 992 4523
Facsimile: (212) 363 7171
E-mail: shopkins@zlk.com
- and -
Richard A. Acocellim, Esq.
Michael A. Rogovin, Esq.
Kelly C. Keenan, Esq.
Alexandra E. Eisig, Esq.
WEISSLAW LLP
1500 Broadway, 16th Floor
New York, NY 10036
Telephone: (212) 682 3025
Facsimile: (212) 682 3010
ALLERGAN: Faces AHOLD Class Suit Over Restasis Monopoly
-------------------------------------------------------
AHOLD USA, Inc., on behalf of itself and all those similarly
situated v. Allergan, Inc., Case No. 2:18-cv-00012 (E.D. Tex.,
January 16, 2018), is an action for damages as a result of
Allergan, Inc.'s scheme to unlawfully prolong its monopoly over
the sale of cyclosporine ophthalmic emulsion, 0.05% (Restasis) in
the United States.
Allergan, Inc. owns and operates a pharmaceutical company with
its principal place of business located in Irvine, California.
[BN]
The Plaintiff is represented by:
S. Calvin Capshaw, Esq.
Elizabeth DeRieux, Esq.
CAPSHAW DERIEUX, LLP
114 E. Commerce Ave.
Gladewater, TX 75647
Telephone: (903) 845-5770
E-mail: ccapshaw@capshawlaw.com
ederieux@capshawlaw.com
- and -
Thomas M. Sobol, Esq.
David Nalven, Esq.
Kristen A. Johnson, Esq.
Hannah W. Brennan, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
55 Cambridge Parkway, Suite 301
Cambridge, MA 02142
Telephone: (617) 482-3700
E-mail: tom@hbsslaw.com
davidn@hbsslaw.com
kristenj@hbsslaw.com
hannahb@hbsslaw.com
- and -
John D. Radice, Esq.
A. Luke Smith, Esq.
RADICE LAW FIRM, P.C.
34 Sunset Blvd
Long Beach, NJ 08008
Telephone: (646) 245-8502
E-mail: jradice@radicelawfirm.com
lsmith@radicelawfirm.com
ALMA BANK: Faces "Duncan" Suit in Eastern District New York
-----------------------------------------------------------
A class action lawsuit has been filed against Alma Bank. The case
is styled as Eugene Duncan, on behalf of himself and all others
similarly situated, Plaintiff v. Alma Bank, Defendant, Case No.
1:18-cv-00714 (E.D. N.Y., February 1, 2018).
Alma Bank provides personal and business banking products and
services.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
Joseph H. Mizrahi Law, P.C.
337 Avenue W, Suite 2f
Brooklyn, NY 11223
Tel: (917) 299-6612
Fax: (347) 665-1545
Email: jmizrahilaw@gmail.com
ALPINE CAPITAL: Faces "Duncan" Suit in E.D. of New York
--------------------------------------------------------
A class action lawsuit has been filed against Alpine Capital
Bank. The case is styled as Eugene Duncan, on behalf of himself
and all others similarly situated, Plaintiff v. Alpine Capital
Bank, Defendant, Case No. 1:18-cv-00715 (E.D. N.Y., February 1,
2018).
Alpine Capital is a specialty finance firm that provides senior
debt solutions to the healthcare industry.[BN]
The Plaintiff appears PRO SE.
APPLE INC: Merenstein Sues over Performance of Older Phones
-----------------------------------------------------------
GARY MERENSTEIN, on Behalf of Himself and All Others Similarly
Situated, the Plaintiff, v. APPLE INC., a California Corporation,
the Defendant, Case No. 5:18-cv-00771-NC (N.D. Cal., Feb. 5,
2018), seeks injunctive relief, equitable monetary relief
(including restitution and disgorgement of all ill-gotten gains
to prevent Apple's unjust enrichment), and the imposition of a
constructive trust upon, or otherwise restricting the proceeds
of, Defendant's ill-gotten gains, to ensure that Plaintiff and
proposed Class members have an effective remedy.
The Plaintiff brings this class action on behalf of purchasers of
Devices1 sold by Apple, including iPhones, iPads, and iPods. The
Devices are produced, promoted, and distributed by Apple in both
the United States and throughout the world. Apple sells the
Devices to consumers directly and through third parties. Apple
created, and directed consumers to install, Updates to the
Devices.
The lawsuit contends that Apple designed one or more of the
Updates to knowingly slow down the operation of the Devices in
order to achieve at least two goals that financially and
competitively benefitted Apple: 1) to encourage consumers to
upgrade their Devices to the newer products Apple had released;
and 2) to improperly mask the need for the consumers to replace
the lithium-ion battery in their Devices, whether due to defect
or simple draining of the battery's useful life.
On December 20, 2017, Apple tacitly admitted this practice. On
December 21, money.cnn.com released an online article, citing
industry insider Doron Myersdorf, Chief Executive Officer of
instant-charging battery startup, StoreDot, explaining that
Apple's "smooth[ing] out" is understood to mean that phones will
reorder incoming commands to make sure not all of them are done
in parallel. Myersdorf is quoted as stating that "[t]he
inevitable outcome of it [i.e., smoothing out] will be an
inherent slowdown of the average response times by the system."
On December 28, 2017, Apple issued a statement on its website
stating, in pertinent part, "We apologize." The statement merely
confirmed the earlier undisclosed material facts -- facts which
Apple should have disclosed long before.
Apple Inc. is an American multinational technology company
headquartered in Cupertino, California that designs, develops,
and sells consumer electronics, computer software, and online
services.[BN]
Attorneys for Plaintiff and the Proposed Class:
Alreen Haeggquist, Esq.
Amber L. Eck, Esq.
Kathleen Herkenhoff, Esq.
Aaron M. Olsen, Esq.
Robert D. Prine, Esq.
HAEGGQUIST & ECK, LLP
225 Broadway, Suite 2050
San Diego, CA 92101
Telephone: (619) 342 8000
Facsimile: (619) 342 7878
E-mail: alreenh@haelaw.com
ambere@haelaw.com
kathleenh@haelaw.com
aarono@haelaw.com
robertp@haelaw.com
APPLE INC: Faces "Cunningham" Suit Over Iphone Throttling Issues
----------------------------------------------------------------
Fiona M. Cunningham, individually and on behalf of all others
similarly situated v. Apple, Inc., Case No. 5:18-cv-00338 (N.D.
Cal., January 16, 2017), seeks redress on a class-wide basis for
Apple's unlawful and deceptive practice of intentionally slowing
down or "throttling" the performance of certain iPhone models,
including the iPhone 6, 6 Plus, 6s, 6s Plus, SE, 7, and 7 Plus
models.
Apple Inc. operates a technology company located at 1 Infinite
Loop, Cupertino, California 95014. [BN]
The Plaintiff is represented by:
Shawn A. Williams, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: (415) 288-4545
Facsimile: (415) 288-4534
E-mail: shawnw@rgrdlaw.com
- and -
Samuel H. Rudman, Esq.
Mark S. Reich, Esq.
Avital O. Malina, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
58 South Service Road, Suite 200
Melville, NY 11747
Telephone: (631) 367-7100
Facsimile: (631) 367-1173
E-mail: srudman@rgrdlaw.com
mreich@rgrdlaw.com
amalina@rgrdlaw.com
- and -
Paul J. Geller, Esq.
Mark J. Dearman, Esq.
Jason H. Alperstein, Esq.
Ricardo Marenco, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
120 East Palmetto Park Road, Suite 500
Boca Raton, FL 33432
Telephone: (561) 750-3000
Facsimile: (561) 750-3364
E-mail: pgeller@rgrdlaw.com
mdearman@rgrdlaw.com
jalperstein@rgrdlaw.com
rmarenco@rgrdlaw.com
APPLE INC: Faces Transcontinental Legal Woes Over Slowed iPhones
----------------------------------------------------------------
Ross Todd, writing for Law.com, reports that Apple Inc. faces
transcontinental legal woes over software changes which slowed
the performance of certain iPhone models.
According to Bloomberg, the Cupertino-based technology giant
faces a preliminary French criminal probe for "programmed
obsolescence" and "deceit" after consumer groups accused the
company of deliberately shortening the life span of older
iPhones. Back stateside, plaintiffs lawyers have asked the
Judicial Panel for Multidistrict Litigation to coordinate at
least 30 federal lawsuits targeting the company with a variety of
consumer protection, fraud and trespass claims related to the
performance woes of older smartphone models. The moves come as
Apple officials released a rare public apology on Dec. 28 over
how the company handled performance issues for iPhones with older
batteries and how it communicated that process to customers.
The company announced it will drop the price of replacing the
battery for out-of-warranty iPhones by $50 to $29 and updated its
software to alert consumers whether battery issues were affecting
their phones' performance. But Apple's mea culpa came after
online chatter about performance issues in older iPhones had
reached a fever pitch.
Conversations on Reddit sparked a Dec. 18 post from the founder
of the company behind Geekbench processor testing software --
Primate Labs founder John Poole -- who found iPhones with older
batteries exhibited "lower-than-expected" performance in tests.
Poole concluded that Apple's fix to the sudden shutdown problem
in older phones would "cause users to think, 'My phone is slow so
I should replace it,' not, 'My phone is slow so I should replace
its battery.'"
In the wake of Poole's post, Apple officials initially told tech
website TechCrunch the company installed "a feature" on older
iPhone models with batteries that are unable to meet the peak
electrical demands needed to operate in cold conditions or when
phone batteries have a low charge. The company said its aim was
to "smooth out the instantaneous peaks only when needed" to avoid
unexpected shutdowns of the older phones. In the Dec. 28
statement, Apple said that the company now believes "the
continued chemical aging of the batteries in older iPhone 6 and
iPhone 6s devices" contributes to user problems.
Reached by phone on Jan. 8, James Vlahakis of Sulaiman Law Group,
lead counsel in one of the initial cases targeting Apple on the
issue, said that the company's delayed--and changing--disclosure
speaks volumes.
"Even if they are doing it to help people, they should have" said
so, Mr. Vlahakis said. "What did you have to hide if you were
doing something good?"
APPLE INC: Taps Gibson Dunn to Defend iPhone Class Actions
----------------------------------------------------------
Ross Todd, writing for The Recorder, reports Apple Inc. has
brought on a team from Gibson, Dunn & Crutcher to help fend off
dozens of lawsuits filed across the country claiming the company
deliberately slowed the performance of certain older iPhone
models to induce consumers to buy new ones. The Gibson team
signed on with Apple as plaintiffs in one of the cases asked a
federal judge in San Jose to force the company to hold onto the
batteries it's replacing as part of a wide-scale effort to
address diminished performance in older devices.
Lawyers at Fazio | Micheletti in San Ramon and DiCello Levitt &
Casey in Chicago have asked U.S. Magistrate Judge Nathanael
Cousins of the Northern District of California to bar Apple from
destroying or altering any battery, iPhone, or diagnostic data it
obtains in connection with a program to replace defective
lithium-ion batteries at a discount. The plaintiffs lawyers
point out that Apple "hastily" announced its program to replace
the batteries in affected iPhones for $29-$50 less than its
typical $79 fee -- a week after they filed suit.
"Class members are handing over evidence from their iPhones to
Apple, without any assurance that Apple will not dispose of the
replaced batteries or selectively use and/or dispose of the
information gathered as a means of trying to avoid liability,"
the lawyers wrote.
Although Gibson lawyers have yet to appear in the suit, the
plaintiffs point out in court papers that they've been
corresponding with the firm's lawyers on the matter. Gibson
previously has taken on high-profile matters for the Cupertino-
based tech heavyweight. A team at Gibson led by partner
Theodore Boutrous Jr. previously represented the company in its
legal showdown with the Justice Department in a case where the
FBI was seeking to compel the company to help unlock an encrypted
iPhone belonging to one of the perpetrators in the 2015 mass
shooting in San Bernardino.
Mr. Boutrous and Apple representatives didn't immediately respond
to messages on Jan. 16.
Reached by email on Jan. 16, Adam Levitt -- alevitt@dlcfirm.com -
- of DiCello Levitt said Apple is obligated to preserve evidence
related to pending litigation, and that the company's current
policy is to recycle all replaced iPhone batters.
Mr. Levitt said any failure by Apple to hold onto the batteries
at issue in the litigation "would raise serious spoliation
concerns."
APPLUS RTD: Faces "Yates" Suit in California Superior Court
-----------------------------------------------------------
A class action lawsuit has been filed against Applus Rtd USA,
Inc. The case is styled as Chet Yates, an individual, on behalf
of himself and others similarly situated, Plaintiff v. Applus Rtd
USA, Inc., a Delaware company and Applus Rtd USA Services, Inc.,
a Delaware company, Defendants, Case No. BCV-18-100258 (Cal.
Super. Ct., February 5, 2018).
Applus Rtd USA, Inc. is a global energy service provider,
delivering technical assurance through non-destructive testing,
inspection, and certification to the capital-intensive, high-risk
energy, utility and infrastructure industries in every region of
the world.[BN]
The Plaintiff is represented by:
Alvin B. Lindsay, Esq.
King & Kelleher, LLP
20 California St Fl 7
San Francisco, CA 94111
Tel: 415-781-2888
Fax: 415-781-3011
BAKER HUGHES: Fails to Pay Minimum Wages & OT, Ramirez Says
-----------------------------------------------------------
ROBERTO RAMIREZ, individually and on behalf of all similarly
situated and/or aggrieved employees of Defendants in the State of
California, the Plaintiff, v. BAKER HUGHES OILFIELD OPERATIONS,
LLC; and DOES 1 THROUGH 50, inclusive, the Defendants, Case No.
BC692964 (Cal. Super. Ct., Feb. 5, 2018), seeks to recover
minimum and regular wages and all overtime wages under the
California Labor Code.
The Plaintiff alleges that Defendant failed to provide first off-
duty meal period of at least 30-minutes before the commencement
of the sixth hour of work; failed to provide a second off-duty
meal period of at least 30-minutes before the commencement of the
eleventh hour of work; failed to authorize and permit off-duty
paid rest periods; failed to pay all minimum and regular wages
for all hours worked; failed to pay all overtime wages; failed to
indemnify employees for necessary business expenses; failed to
maintain accurate records; failed to provide accurate itemized
wage statements; and failed to timely pay all wages due during
and upon separation of employment.
Baker Hughes designs, manufactures, and supplies wellbore related
products and technology services for drilling, formation
evaluation, completion and production, and reservoir technology
and consulting to the oil and natural gas industry.[BN]
The Plaintiff is represented by:
Graham S.P. Hollis, Esq.
Nicole R. Roysdon, Esq.
GRAHAMHOLLIS APC
3555 Fifth Avenue, Suite 200
San Diego, California 92103
Telephone: 619.692.0800
Facsimile: 619.692.0822
E-mail: ghollis@grahamhollis.com
nroysdon@grahamhollis.com
BANK OF HOPE: Faces "Duncan" Suit Eastern District New York
-----------------------------------------------------------
A class action lawsuit has been filed against Bank of Hope. The
case is styled as Eugene Duncan, on behalf of himself and all
others similarly situated, Plaintiff v. Bank of Hope, Defendant,
Case No. 1:18-cv-00716 (E.D. N.Y., February 1, 2018).
BBCN Bancorp, Inc. is a holding company for BBCN Bank. The bank
is the largest Korean-American bank in the U.S.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
Joseph H. Mizrahi Law, P.C.
337 Avenue W, Suite 2f
Brooklyn, NY 11223
Tel: (917) 299-6612
Fax: (347) 665-1545
Email: jmizrahilaw@gmail.com
BARON T LTD: Faces "Bishop" Suit in Southern District of NY
------------------------------------------------------------
A class action lawsuit has been filed against Baron T, LTD. The
case is styled as Cedric Bishop, on behalf of himself and all
others similarly situated, Plaintiff v. Baron T, LTD. d/b/a
Carmel Car & Limousine, Defendant, Case No. 1:18-cv-00976 (S.D.
N.Y., February 4, 2018).
Baron T, Ltd., doing business as Carmel Car & Limousine Service,
provides transportation services.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Joseph H Mizrahi Law PC
337 Avenue W Suite 2f
Brooklyn, NY 11223
Tel: (917) 299-6612
Fax: (347) 665-1545
Email: jmizrahilaw@gmail.com
BCB BANCORP: Faces "Duncan" Suit in Eastern District New York
-------------------------------------------------------------
A class action lawsuit has been filed against BCB Bancorp, Inc.
The case is styled as Eugene Duncan, on behalf of himself and all
others similarly situated, Plaintiff v. BCB Bancorp, Inc.,
Defendant, Case No. 1:18-cv-00717 (E.D. N.Y., February 1, 2018).
BCB Bancorp, Inc is a banking institution.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
Joseph H. Mizrahi Law, P.C.
337 Avenue W, Suite 2f
Brooklyn, NY 11223
Tel: (917) 299-6612
Fax: (347) 665-1545
Email: jmizrahilaw@gmail.com
BEST BUY: Faces "Stinson" Class Action in Minnesota
---------------------------------------------------
A class action lawsuit has been filed against Best Buy Co., Inc.
The case is styled as Ruth Stinson, individually and on behalf of
all others similarly situated, Plaintiff v. Best Buy Co., Inc.,
Defendant, Case No. 0:18-cv-00295-JNE-FLN (D. Minn., February 1,
2018).
Best Buy Co., Inc. is an American multinational consumer
electronics corporation headquartered in Richfield, Minnesota, a
Minneapolis suburb. Internationally, it also operates in Canada
and Mexico.[BN]
The Plaintiff is represented by:
Christopher J Moreland, Esq.
Halunen Law
1650 IDS Center, 80 So. 8th Street
Minneapolis, MN 55402
Tel: (612) 605-4098
Email: moreland@halunenlaw.com
- and -
Melissa S. Weiner, Esq.
Halunen Law
1650 IDS Center
80 So. 8th Street
Minneapolis, MN 55402
Tel: (612) 605-4098
Fax: (612) 605-4099
Email: weiner@halunenlaw.com
BLUE MOON HOTEL: "Fermin" Suit Seeks Minimum Wage and OT Pay
------------------------------------------------------------
AIDA LAMBERTO FERMIN, individually and on behalf of others
similarly situated, the Plaintiff, v. BLUE MOON HOTEL LIMITED
(D/B/A BLUE MOON HOTEL), INTERNATIONAL STUDENTS RESIDENCE INC.
(D/B/A INTERNATIONAL STUDENT RESIDENCE), and ELI IDI, the
Defendants, Case No. 1:18-cv-00769 (E.D.N.Y., Feb. 5, 2018),
seeks to recover minimum wage and overtime compensation pursuant
to the Fair Labor Standards Act of 1938 and the New York Labor
Law.
The Plaintiff is a current employee of Defendants Blue Moon Hotel
Limited. The Defendants own, operate, or control two hotels,
located at 100 Orchard Street, New York, New York 10002 under the
name "Blue Moon Hotel" and at 341 Broadway, Brooklyn, New York
11211 under the name "International Student Residence". The
Plaintiff has been employed as a housekeeper at the hotels
located at 100 Orchard Street, New York, New York 10002 and 341
Broadway, Brooklyn, New York 11211.
According to the complaint, the Plaintiff has worked for
Defendants in excess of 40 hours per week, without appropriate
minimum wage and overtime compensation for the hours that she has
worked. Rather, Defendants have failed to pay Plaintiff
appropriately for any hours worked, either at the straight rate
of pay or for any additional overtime premium. The Defendants'
conduct has extended beyond Plaintiff to all other similarly
situated employees.[BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, New York 10165
Telephone: (212) 317 1200
Facsimile: (212) 317 1620
E-mail: Faillace@employmentcompliance.com
BRIDGE BANCORP: Faces "Duncan" Suit in Eastern District New York
----------------------------------------------------------------
A class action lawsuit has been filed against Bridge Bancorp,
Inc. The case is styled as Eugene Duncan, on behalf of himself
and all others similarly situated, Plaintiff v. Bridge Bancorp,
Inc., Defendant, Case No. 1:18-cv-00718 (E.D. N.Y., February 1,
2018).
Bridge Bancorp, Inc is a banking institution.[BN]
The Plaintiff appears PRO SE.
BUCA INC: Faces "Hicks" Suit in California Superior Court
---------------------------------------------------------
A class action lawsuit has been filed against Buca, Inc. The case
is styled as Chris Hicks, on behalf of himself and all others
similarly situated, Plaintiff v. Buca, Inc. d/b/a Buca Di Beppo,
Defendant, Case No. BC692930 (Cal. Super. Ct., February 2, 2018).
Buca di Beppo, owns and operates a chain of Italian restaurants
in the United States.[BN]
The Plaintiff is represented by:
Evan J. Smith, Esq.
Brodsky & Smith, LLC
9595 Wilshire Blvd., Ste. 900
Beverly Hills, CA 90212
Fax: (310) 247-0160
Tel: (877) 534-2590
BURGER KING: "Gesten" Suit Moved to Southern District of Florida
----------------------------------------------------------------
The class action lawsuit titled Ryan D. Gesten, individually, and
on behalf of others similarly situated, the Plaintiff, v. Burger
King Corporation, the Defendant, Case No. 17-25296, was removed
from the 11th Judicial Circuit in and for Miami-Dade, FL, to the
U.S. District Court for the Southern District of Florida (Miami)
on Feb. 5, 2018. The Southern District Court Clerk assigned Case
No. 1:18-cv-20450-CMA to the proceeding. The case is assigned to
the Hon. Judge Cecilia M. Altonaga.
Burger King is an American global chain of hamburger fast food
restaurants. Headquartered in the unincorporated area of Miami-
Dade County, Florida, the company was founded in 1953 as
InstaBurger King, a Jacksonville, Florida-based restaurant
chain.[BN]
The Plaintiff is represented by:
Bret Leon Lusskin, Jr.
BRET LUSSKIN, P.A.
20803 Biscayne Blvd., Ste 302
Aventura, FL 33180
Telephone: (954) 454 5841
Facsimile: (954) 454 5844
E-mail: blusskin@lusskinlaw.com
- and -
Scott David Owens, Esq.
SCOTT D. OWENS, P.A.
3800 S. Ocean Drive, Suite 235
Hollywood, FL 33019
Telephone: (954) 589 0588
Facsimile: (954) 337 0666
E-mail: scott@scottdowens.com
- and -
Keith James Keogh, Esq.
KEOGH LAW, LTD.
55 W. Monroe, Ste. 3390
Chicago, IL 60603
Telephone: (312) 726 1092
Facsimile: (312) 726 1092
E-mail: Keith@Keoghlaw.com
The Defendant is represented by:
Anthony Nolan Upshaw, Esq.
McDermott Will & Emery
333 SE 2 Avenue, Suite 4500
Miami, FL 33131
Telephone: (305) 347 6540
Facsimile: (305) 675 8031
E-mail: aupshaw@mwe.com
C.H. SUPERMARKET: Faces "Chen" Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against C.H. Supermarket,
Inc. d/b/a CJ Food Mart. The case is styled as Xi Jing Chen and
Chao Rong Wu, on behalf of himself and others similarly situated,
Plaintiffs v. C.H. Supermarket, Inc. d/b/a CJ Food Mart,
L.X.W.H.C. Supermarket Inc. d/b/a CJ Food Mart, "Ah-zhen" "Doe"
(last name unknown), "Ah-cheng" "Doe" (last name unknown), "Ah-
peng" "Doe" (last name unknown) and "John" (first name unknown)
Lin, Defendants, Case No. 1:18-cv-00728 (E.D. N.Y., February 1,
2018).
CJ Food Mart is a retail grocery store.[BN]
The Plaintiffs appear PRO SE.
CAPTIVA MVP: Faces "Funkhouser" Suit Over Failure to Pay Overtime
-----------------------------------------------------------------
Carrie Funkhouser, individually and on behalf of All others
similarly situated v. Captiva MVP Restaurant Partners, LLC d/b/a
PDQ, Case No. 8:18-cv-00121-EAK-JSS (M.D Fla., January 16, 2018),
is brought against the Defendants for failure to pay overtime
wages in violation of the Fair Labor Standards Act.
Captiva MVP Restaurant Partners, LLC operates over 25 restaurants
Florida, and over 50 restaurants nationwide. [BN]
The Plaintiff is represented by:
Gregg I. Shavitz, Esq.
Alan L. Quiles, Esq.
SHAVITZ LAW GROUP, P.A.
1515 South Federal Highway, Suite 404
Boca Raton, FL 33432
Telephone: (561) 447-8888
Facsimile: (561) 447-8831
E-mail: gshavitz@shavitzlaw.com
aquiles@shavitzlaw.com
CENTURYLINK INC: "Craig" Suit Moved to District of Minnesota
------------------------------------------------------------
The class action lawsuit titled Benjamin Craig, Individually and
on Behalf of All Others Similarly Situated, the Plaintiff, v.
CenturyLink, Inc., Glen F. Post, III, and R. Stewart Ewing, Jr.,
the Defendants, Case No. 3:17-cv-01005, was transferred from the
U.S. District Court for the Western District of Louisiana, to the
U.S. District Court for the District of Minnesota on Feb. 5,
2018. The Minnesota District Court Clerk assigned Case no. to the
0:18-cv-00296-MJD-KMM to the proceeding. The case is assigned to
the Hon. Judge Michael J. Davis.
CenturyLink, Inc. is an American telecommunications company,
headquartered in Monroe, Louisiana, that provides communications
and data services to residential, business, governmental, and
wholesale customers in 37 states.[BN]
The Plaintiff is represented by:
Adam M Apton, Esq.
Nicholas I Porritt, Esq.
Levi & Korsinsky, LLP
1101 30th Street N.W., Suite 115
Washington, DC 20007
Telephone: (202) 524 4290
E-mail: aapton@zlk.com
nporritt@zlk.com
Attorneys for Defendants:
Thomas M Hayes, III, Esq.
HAYES HARKEY ET AL
P O Box 8032
Monroe, LA 71211-8032
Telephone: (318) 387 2422
Facsimile: (318) 388 5809
E-mail: tom@hhsclaw.com
- and -
Brandon Wade Creekbaum, Esq.
CITY OF MONROE
P O Box 123
Monroe, LA 71210-0123
Telephone: (318) 329 2240
Facsimile: (318) 329 3427
E-mail: brandon.creekbaum@ci.monroe.la.us
- and -
George Edward Anhang, Esq.
COOLEY
1299 Pennsylvania Ave NW Ste 700
Washington, DC 20004-2400
Telephone: (202) 842 7880
Facsimile: (202) 842 7899
E-mail: ganhang@cooley.com
- and -
Lyle Roberts, Esq.
DEWEY & LEBOEUF LLP
1101 New York Ave NW
Washington, DC 20005-4213
Telephone: (202) 346 -8000
E-mail: lroberts@dl.com
CITY NATIONAL BANCSHARES: Faces "Duncan" Suit in E.D. of New York
-----------------------------------------------------------------
A class action lawsuit has been filed against City National
Bancshares Corporation. The case is styled as Eugene Duncan, on
behalf of himself and all others similarly situated, Plaintiff v.
City National Bancshares Corporation, Defendant, Case No. 1:18-
cv-00720-ILG-CLP (E.D. N.Y., February 1, 2018).
City National Bancshares Corporation operates as a bank holding
company for City National Bank of New Jersey that provides
personal and commercial banking products and services primarily
in New Jersey.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
Joseph H. Mizrahi Law, P.C.
337 Avenue W, Suite 2f
Brooklyn, NY 11223
Tel: (917) 299-6612
Fax: (347) 665-1545
Email: jmizrahilaw@gmail.com
COHEN ROSENBERG: Faces "Cruz" Suit in Eastern District New York
---------------------------------------------------------------
A class action lawsuit has been filed against Cohen, Rosenberg,
Maros, LLC. The case is styled as Isidoro Cruz and Yesenia Cruz
Alvarez, on behalf of themselves and others similarly situated,
Plaintiffs v. Cohen, Rosenberg, Maros, LLC, Defendant, Case No.
2:18-cv-00796 (E.D. N.Y., February 5, 2018).
Cohen Rosenberg Maros LLC is in the Specialized Law Offices,
Attorneys business.[BN]
The Plaintiff is represented by:
Julio C. Galarza, Esq.
Galarza Law Office
5020 Sunrise Hwy, 2nd Fl
Massapequa Park, NY 11762
Tel: (516) 797-1600
Fax: (516) 798-8300
Email: jgalarza@aol.com
COMPUTER CREDIT: Faces "Hazan" Suit in Eastern District New York
----------------------------------------------------------------
A class action lawsuit has been filed against Computer Credit,
Inc. The case is styled as Kfir Hazan, on behalf of himself and
all others similarly situated, Plaintiff v. Computer Credit,
Inc., Defendant, Case No. 1:18-cv-00757 (E.D. N.Y., February 2,
2018).
CCi was founded as an agency in 1972 to serve local physicians
and hospitals in the area with a low cost collection service.
CCi pioneered the integration of collection software into the
base code of leading patient accounting products, giving
hospitals nationwide easy access to its services. [BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
Joseph H. Mizrahi Law, P.C.
337 Avenue W, Suite 2f
Brooklyn, NY 11223
Tel: (917) 299-6612
Fax: (347) 665-1545
Email: jmizrahilaw@gmail.com
CONNECTONE BANCORP: Faces "Duncan" Suit in E.D. of New York
-----------------------------------------------------------
A class action lawsuit has been filed against ConnectOne Bancorp,
Inc. The case is styled as Eugene Duncan, on behalf of himself
and all others similarly situated, Plaintiff v. ConnectOne
Bancorp, Inc., Defendant, Case No. 1:18-cv-00721-ENV-SMG (E.D.
N.Y., February 1, 2018).
ConnectOne Bancorp, Inc is a banking institution.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
Joseph H. Mizrahi Law, P.C.
337 Avenue W, Suite 2f
Brooklyn, NY 11223
Tel: (917) 299-6612
Fax: (347) 665-1545
Email: jmizrahilaw@gmail.com
CREDIT BUREAU: Faces "Perro" Suit in Northern District Georgia
--------------------------------------------------------------
A class action lawsuit has been filed against Credit Bureau
Associates of Georgia. The case is styled as Sunita Perro,
individually and on behalf of all others similarly situated,
Plaintiff v. Credit Bureau Associates of Georgia doing business
as: Credit Bureau Associates and John Does 1-25, Defendants, Case
No. 1:18-cv-00498-CC-JKL (N.D. Ga., February 1, 2018).
Credit Bureau Associates of Georgia (CBA) is your premier
provider for the collection of delinquent accounts
receivable.[BN]
The Plaintiff is represented by:
Jonathan Braxton Mason, Esq.
Mason Law Group, LLC - GA
1100 Peachtree Street, NE, Suite 200
Atlanta, GA 30309
Tel: (404) 920-8040
Fax: (404) 920-8039
Email: jmason@atlshowbizlaw.com
CREDIT CONTROL: Faces "Kodirova" Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Credit Control LLC.
The case is styled as Aziza Kodirova, on behalf of herself and
all others similarly situated, Plaintiff v. Credit Control LLC,
Defendant, Case No. 1:18-cv-00754 (E.D. N.Y., February 2, 2018).
Credit Control LLC is a debt collection agency.[BN]
The Plaintiff is represented by:
Daniel C Cohen, Esq.
Daniel Cohen, PLLC
407 Rockaway Avenue
Brooklyn, NY 11212
Tel: (646) 645-8482
Fax: (347) 665-1545
Email: dancohenlaw@gmail.com
CREDIT SERVICE: Faces "Moffett" Suit in N.D. Texas
--------------------------------------------------
A class action lawsuit has been filed against Credit Service,
Inc. dba C.S.I. Group doing business as: CSI Group. The case is
styled as Shamitra Moffett also known as: Shamitra Watkins
Moffett, individually and on behalf of all others similarly
situated, Plaintiff v. Credit Service, Inc. dba C.S.I. Group
doing business as: CSI Group, Adam Bush Law Law Firm, P.C. and
John Does 1-25, Defendants, Case No. 3:18-cv-00260-D (N.D. Tex.,
February 1, 2018).
CSI is a debt collection agency.[BN]
The Plaintiff is represented by:
Jonathan David Kandelshein, Esq.
Locke Lord LLP
2200 Ross Ave, Suite 2800
Dallas, TX 75201-6776
Tel: (214) 740-8441
Fax: (214) 740-8800
Email: Jonathan.kandelshein@gmail.com
CROSBY STREET HOTEL: Faces "Olsten" Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Crosby Street Hotel
LLC. The case is styled as Thomas J. Olsten, individually and on
behalf of all other persons similarly situated, Plaintiff v.
Crosby Street Hotel LLC and Firmdale Holdings (USA), Inc.,
Defendants, Case No. 1:18-cv-00925 (S.D. N.Y., February 1, 2018).
Crosby Street Hotel LLC is engaged in the hotel industry.[BN]
The Plaintiff appears PRO SE.
CROSS COUNTY: Faces "Duncan" Suit in Eastern District New York
--------------------------------------------------------------
A class action lawsuit has been filed against Cross County
Savings Bank. The case is styled as Eugene Duncan, on behalf of
himself and all others similarly situated, Plaintiff v. Cross
County Savings Bank, Defendant, Case No. 1:18-cv-00723 (E.D.
N.Y., February 1, 2018).
Cross County Savings Bank provides personal and business banking
services.[BN]
The Plaintiff appears PRO SE.
CTBC BANK: Faces "Duncan" Suit in E.D. New York
-----------------------------------------------
A class action lawsuit has been filed against CTBC Bank Corp
(USA). The case is styled as Eugene Duncan, on behalf of himself
and all others similarly situated, Plaintiff v. CTBC Bank Corp
(USA), Defendant, Case No. 1:18-cv-00724 (E.D. N.Y., February 1,
2018).
CTBC Bank Corp. (USA) provides banking services in the Eastern
and Western United States.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
Joseph H. Mizrahi Law, P.C.
337 Avenue W, Suite 2f
Brooklyn, NY 11223
Tel: (917) 299-6612
Fax: (347) 665-1545
Email: jmizrahilaw@gmail.com
CWI HOLDINGS: "Pruitt" Suit Seeks Overtime Pay under FLSA
---------------------------------------------------------
CHRIS PRUITT, JUAN MEDINA CORTEZ, AXL HUFFMAN, and ASHTON WILSON,
on behalf of themselves and others similarly-situated, the
Plaintiffs v. CWI HOLDINGS, INC., d/b/a BUILDERS INSULATION, the
Defendant, Case No. 1:18-cv-00329-TWP-DML (S.D. Ind., Feb. 5,
2018), seeks to recover overtime pay under the Fair Labor
Standards Act.
The Named Plaintiffs held and/or hold the hourly non-exempt
position of Insulation Installer. The Defendant has paid and
continues to pay all of its Insulation Installers as hourly non-
exempt employees on a piece-rate basis. However, Defendant has
not paid Named Plaintiffs and other Insulation Installers
compensation at overtime rates for all hours worked beyond 40
hours per week. Before traveling to worksites, Named Plaintiffs
were required to report to Defendant's location to pick up work
orders, equipment, and supplies before proceeding to their
worksites.[BN]
The Plaintiff is represented by:
Ryan P. Sink, Esq.
FOX WILLIAMS & SINK, LLC
6177 North College Avenue
Indianapolis, IN 46220
Telephone: (317) 254 8500
E-mail: rsink@fwslegal.com
DAWG INC: "Price" Suit Moved to Southern District of Florida
------------------------------------------------------------
The class action lawsuit titled Timothy Price, and other
similarly situated individuals, the Plaintiff, v. Dawg, Inc.,
doing business as: TheBestIRS a foreign profit corporation and
Brett S. Hardt, individually, the Defendant, Case No. 2017-CA-
002038, was removed from 19th Judicial Circuit Court, to the U.S.
District Court for the Southern District of Florida (Ft Pierce)
on Feb. 5, 2018. The Southern District of Florida Court Clerk
assigned Case No. 2:18-cv-14038-KAM to the proceeding. The case
is assigned to the Hon. Judge Kenneth A. Marra.
Dawg, Inc., through its subsidiaries, offers insurance staffing
and recruitment services for property and casualty and workmen
compensation positions. The company was incorporated in 2000 and
is based in Phoenix, Arizona.[BN]
The Plaintiff is represented by:
Brody Max Shulman, Esq.
Jason Saul Remer, Esq.
REMER & GEORGES-PIERRE, PLLC
Court House Tower
44 West Flagler Street, Suite 2200
Miami, FL 33130
Telephone: (305) 416 5000
Facsimile: (305) 416 5005
E-mail: jremer@rgpattorneys.com
bshulman@rgpattorneys.com
Attorneys for Defendant:
Ingrid Cepero, Esq.
Scott Stephan Allen, Esq.
JACKSON LEWIS
2 S Biscayne Blvd, Suite 3500
Miami, FL 33131
Telephone: (305) 577 7600
E-mail: ingrid.cepero@jacksonlewis.com
allens@jacksonlewis.com
DELTA NAT'L BANK: Faces "Duncan" Suit in E.D. of New York
---------------------------------------------------------
A class action lawsuit has been filed against Delta National Bank
and Trust Company. The case is styled as Eugene Duncan, on behalf
of himself and all others similarly situated, Plaintiff v. Delta
National Bank and Trust Company, Defendant, Case No. 1:18-cv-
00725 (E.D. N.Y., February 1, 2018).
Delta National Bank and Trust Company (Delta Bank) is a U.S. bank
which offers private banking services through a team of dedicated
professionals who provide superior banking and investment
services to its clients.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
Joseph H. Mizrahi Law, P.C.
337 Avenue W, Suite 2f
Brooklyn, NY 11223
Tel: (917) 299-6612
Fax: (347) 665-1545
Email: jmizrahilaw@gmail.com
DRUNK ELEPHANT: Faces "Nguyen" Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Drunk Elephant,
LLC. The case is styled as Nancy Nguyen, on behalf of herself and
all others similarly situated, Plaintiff v. Drunk Elephant, LLC,
Defendant, Case No. 7:18-cv-01051 (S.D. N.Y., February 6, 2018).
Drunk Elephant, LLC offers skin care products.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Lee Litigation Group, PLLC
30 East 39th Street
2nd Floor
New York, NY 10016
Tel: (212) 465-1188
Fax: (212) 465-1181
Email: cklee@leelitigation.com
EBAY INC: Faces "Wang" Suit in California Superior Court
--------------------------------------------------------
A class action lawsuit has been filed against Ebay, Inc. The case
is styled as Susan Wang, individually and on behalf of all others
similarly situated, Plaintiff v. Ebay, Inc. and Stubhub, Inc.,
Defendants, Case No. CGC18564120 (Cal. Super. Ct., February 5,
2018).
eBay Inc. is a multinational e-commerce corporation based in San
Jose, California that facilitates consumer-to-consumer and
business-to-consumer sales through its website.[BN]
The Plaintiff appears PRO SE.
ENHANCED RECOVERY: Faces "Berger" Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Enhanced Recovery
Company, LLC. The case is styled as Sara Berger, on behalf of
herself and all other similarly situated consumers, Plaintiff v.
Enhanced Recovery Company, LLC, Defendant, Case No. 1:18-cv-00736
(E.D. N.Y., February 2, 2018).
Enhanced Recovery provides business process outsourcing services
that include recovery, outsourcing, and market research.[BN]
The Plaintiff is represented by:
Adam Jon Fishbein, Esq.
Adam J. Fishbein, P.C.
735 Central Avenue
Woodmere, NY 11598
Tel: (516) 668-6945
Email: fishbeinadamj@gmail.com
ENHANCED RECOVERY: Faces "Robinson" Suit in E.D. Pennsylvania
-------------------------------------------------------------
A class action lawsuit has been filed against Enhanced Recovery
Company. The case is styled as Joshua Robinson and Philip Gibson,
on behalf of themselves and all other similarly situated
consumers, Plaintiffs v. Enhanced Recovery Company doing business
as: ERC, Defendant, Case No. 2:18-cv-00441-NIQA (E.D. Penn.,
February 2, 2018).
Enhanced Recovery provides business process outsourcing services
that include recovery, outsourcing, and market research.[BN]
The Plaintiff is represented by:
NICHOLAS J. LINKER, Esq.
ZEMEL LAW LLC
78 JOHN MILLER WAY, SUITE 430
KEARNY, NJ 07032
Tel: (862) 227-3106
Email: nl@zemellawllc.com
EQUIFAX INC: Faces Sea Comm Federal Credit Suit in N.D. of Ga.
--------------------------------------------------------------
A class action lawsuit has been filed against Equifax Inc. The
case is styled as Sea Comm Federal Credit Union and The Summit
Federal Credit Union, individually and on behalf of a class of
all similarly situated financial institutions, Plaintiffs v.
Equifax Inc., Defendant, Case No. 1:18-cv-00580-TWT (N.D. Ga.,
February 6, 2018).
Equifax Inc. is a global credit reporting agency that collects,
stores, organizes, analyzes and disseminates data on millions of
consumers.[BN]
The Plaintiffs are represented by:
Anthony C. Lake, Esq.
Gillen Withers & Lake, LLC
3490 Piedmont Road, N.E.
One Securities Centre, Suite 1050
Atlanta, GA 30305
Tel: (404) 842-9700
Fax: (404) 842-9750
Email: aclake@gwllawfirm.com
- and -
Arthur M. Murray, Esq.
Murray Law Firm
650 Poydras Street, Suite 2150
New Orleans, LA 70130
Tel: (505) 525-8100
Email: amurray@murray-lawfirm.com
- and -
Brian C. Gudmundson, Esq.
Zimmerman Reed, P.L.L.P. -MN
1100 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Tel: (612) 341-0400
Email: brian.gudmundson@zimmreed.com
- and -
Bryan L. Bleichner, Esq.
Chestnut Cambronne, PA
17 Washington Avenue North, Suite 300
Minneapolis, MN 55401
Tel: (612) 339-7300
Fax: (612) 336-2940
Email: bbleichner@chestnutcambronne.com
- and -
Bryan A. Fox,Esq.
Carlson Lynch Sweet & Kilpela & Carpenter, LLP - PA
5th Floor
1133 Penn Avenue
Pittsburgh, PA 15222
Tel: (412) 322-9243
Fax: (412) 231-0246
Email: bfox@carlsonlynch.com
- and -
Carol Thomas, Esq.
Murray Law Firm
650 Poydras Street, Suite 2150
New Orleans, LA 70130
Tel: (504) 525-8100
Fax: (504) 584-5249
- and -
Charles Hale Van Horn, Esq.
Berman Fink Van Horn, P.C. -Atl
3475 Piedmont Road, N.E., Suite 1100
Atlanta, GA 30305
Tel: (404) 261-7711
Fax: (404) 233-1943
Email: cvanhorn@bfvlaw.com
- and -
Erin Green Comite, Esq.
Scott & Scott, LLP-NY
17th Floor
230 Park Avenue
New York, NY 10169
Tel: (860) 537-5537
Email: ecomite@scott-scott.com
- and -
Gary F. Lynch, Esq.
Carlson Lynch Sweet & Kilpela & Carpenter, LLP - PA
5th Floor
1133 Penn Avenue
Pittsburgh, PA 15222
Tel: (412) 322-9243
Fax: (412) 231-0246
Email: glynch@carlsonlynch.com
- and -
Jamisen Etzel, Esq.
Carlson Lynch Sweet & Kilpela & Carpenter, LLP - PA
5th Floor
1133 Penn Avenue
Pittsburgh, PA 15222
Tel: (412) 322-9243
Fax: (412) 231-0246
Email: jetzel@carlsonlynch.com
- and -
Joseph P. Guglielmo, Esq.
Scott & Scott, Attorneys at Law, LLP
230 Park Avenue
17th Floor
New York, NY 10169
Tel: (212) 223-6444
Email: jguglielmo@scott-scott.com
- and -
Karen Hanson Riebel, Esq.
Lockridge Grindal Nauen
100 Washington Avenue South
2200 Washington Square
Minneapolis, MN 55401-2179
Tel: (612) 339-6900
Email: khriebel@locklaw.com
- and -
Kate M. Baxter-Kauf, Esq.
Lockridge Grindal Nauen
100 Washington Avenue South
2200 Washington Square
Minneapolis, MN 55401-2179
Tel: (612) 339-6900
Email: kmbaxter-kauf@locklaw.com
- and -
MaryBeth Vassil Gibson, Esq.
The Finley Firm, P.C.
Building 14, Suite 230
3535 Piedmont Road
Atlanta, GA 30305
Tel: (404) 320-9979 ext 202
Fax: (404) 320-9978
Email: mgibson@thefinleyfirm.com
- and -
Stephen B. Murray, Sr., Esq.
Murray Law Firm
650 Poydras Street, Suite 2150
New Orleans, LA 70130
Tel: (504) 525-8100
Email: amurray@murray-lawfirm.com
- and -
Thomas A. Withers, Esq.
Gillen, Withers & Lake, LLC
8 E. Liberty Street
Savannah, GA 31401
Tel: (912) 447-8400
Fax: (912) 233-6584
Email: twithers@gwllawfirm.com
EQUIFAX INC: Judge Thomas Trash Sorts Data Breach Suits
-------------------------------------------------------
R. Robin McDonald, writing for Law.com, reports that U.S.
District Chief Judge Thomas Thrash Jr. has set up separate
litigation tracks for 334 consumer suits and 62 suits by
financial institutions against Equifax. Judge Thrash also will
preside over separate securities fraud claims against the
Atlanta-based credit bureau.
FARMICIA LLC: Faces "Conner" Suit in E.D. Pennsylvania
------------------------------------------------------
A class action lawsuit has been filed against Farmicia LLC. The
case is styled as Mary Conner, on behalf of herself and all
others similarly situated, Plaintiff v. Farmicia LLC, Defendant,
Case No. 2:18-cv-00419-MAK (E.D. Penn., February 1, 2018).
FARMiCiA is a 122 seat restaurant and bar serving lunch, an
afternoon meal, a relaxed dinner, and even brunch on the
weekends.[BN]
The Plaintiff is represented by:
C. K. LEE, Esq.
LEE LITIGATION GROUP, PLLC
30 EAST 39TH STREET
SECOND FLOOR
NEW YORK, NY 10016
Tel:(212) 465-1188
Email: cklee@leelitigation.com
FIVE BROTHERS AUTO: Faces "Santos" Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Five Brothers Auto
Spa and Lube Corp. The case is styled as Rafael Santos, Robert
Antonio Miron Castillo, Marlon Cruz and Israel Carcamo-Ponce
on behalf of all others similarly situated, Plaintiff v. Five
Brothers Auto Spa and Lube Corp. and Hak Sang Meier as an
individual, Defendants, Case No. 1:18-cv-00907 (S.D. N.Y.,
February 1, 2018).
Five Brothers Auto Spa and Lube Corp offers the car care services
in the area.[BN]
The Plaintiffs appear PRO SE.
GC SERVICES: Faces "Diaz" Suit in Southern District New York
------------------------------------------------------------
A class action lawsuit has been filed against GC Services Limited
Partnership. The case is styled as Wanda Diaz, on behalf of
herself individually and all others similarly situated, Plaintiff
v. GC Services Limited Partnership, Defendant, Case No. 1:18-cv-
00886 (S.D. N.Y., February 1, 2018).
GC Services is the largest privately-held outsourcing provider of
call center management and collection agency services in North
America.[BN]
The Plaintiff appears PRO SE.
HEWLETT ASSOCIATES: Faces "Quinatoa" Suit in N.Y. Supreme Court
---------------------------------------------------------------
A class action lawsuit has been filed against Hewlett Associates,
LP. The case is styled as Stella Quinatoa and Ana Cabrera, on
behalf of themselves and others similarly situated, Plaintiffs v.
Hewlett Associates, LP, et al., Defendants, Case No. 151132/2018
(N.Y., February 6, 2018).
Hewlett Bay Associates LLC operates as a legal and financial
services company.[BN]
The Plaintiff appears PRO SE.
HOST INTERNATIONAL: "Wilson" Suit Moved to District of California
-----------------------------------------------------------------
The class action lawsuit titled Jennifer Wilson, an individual,
on behalf of herself and all others similarly situated, the
Plaintiff, v. Host International, Inc., a Delaware corporation;
HMS Host Family Restaurants, Inc., a Maryland corporation; HMS
Host USA, Inc.; and DOES 1 through 50, inclusive, Case No.
BC684110, was removed from the Los Angeles Superior Court, to the
U.S. District Court for the Central District of California
(Western Division - Los Angeles) on Feb. 5, 2018. The Central
District of California Court Clerk assigned Case No. 2:18-cv-
00916 to the proceeding.
Host International, through its subsidiaries, operates food,
beverage, and merchandise concessions at airports, on toll roads,
and at other travel and entertainment venues in the United
States. The company operates gift and news retail outlets in off-
airport locations. Host International, Inc. was founded in
1981.[BN]
The Plaintiff appears pro se.
The Defendants are represented by:
Vartan Serge Madoyan, Esq.
BAKER AND HOSTETLER LLP
11601 Wilshire Boulevard Suite 1400
Los Angeles, CA 90025
Telephone: (310) 820 8800
Facsimile: (310) 820 8859
E-mail: vmadoyan@bakerlaw.com
INTERSTATE RECOVERY: Faces "Kurkowski" Suit in W.D. of Wisconsin
----------------------------------------------------------------
A class action lawsuit has been filed against Interstate Recovery
Service, Inc. The case is styled as Josie Kurkowski, individually
and on behalf of all others similarly situated, Plaintiff v.
Interstate Recovery Service, Inc. and John Does 1-25, Defendants,
Case No. 3:18-cv-00074 (W.D. Wis., February 5, 2018).
Interstate Recovery Service, Inc. is a business management
consultant in Virginia Beach, Virginia.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
RC Law Group, PLLC
285 Passaic Street
Hackensack, NJ 07601
Tel: (201) 282-6500 x101
Fax: (201) 282-6501
Email: ysaks@rclawgroup.com
JANSSEN PHARMACEUTICALS: Judge Tosses $28MM Xarelto Verdict
-----------------------------------------------------------
Max Mitchell, writing for Law.com, reports that the nearly $28
million verdict awarded in December in the first Xarelto case to
be tried in state court has been reversed. Philadelphia Court of
Common Pleas Judge Michael Erdos on Jan. 9 granted the defense's
motion for judgment notwithstanding the verdict, which eliminates
the $27.8 million award a jury handed up Dec. 5. The award was
the first win for plaintiffs in the Xarelto litigation after four
consecutive losses in federal court.
According to a transcript of the proceedings, Judge Erdos based
his decision on the testimony of plaintiff Lynn Hartman's
prescribing doctor, focusing on whether the plaintiffs
established that the doctor would have still prescribed Xarelto
if Hartman had taken a PT, or prothrombin test, to assesses
coagulation levels in a person's blood, which is a test
plaintiffs contended should have been required. Ms. Hartman's
counsel had argued that the prescribing doctor, Dr. Josephine
Randazzo, would have told Hartman about the increased risks if
she had performed the test and Hartman would have then refused to
take the medication. However, Erdos said that argument was based
on speculation.
"I think it is speculative to say that based on [the PT test] she
would have communicated the increased risks with respect to the
other issues, particularly in light of her answers about not
discussing percentages generally," Judge Erdos said. "In fact
she would not even concede that the tone and demeanor of the
conversation would have been any different. She was never asked
specifically if she would have communicated the new information
to Mrs. Hartman as opposed to just generally."
Dr. Randazzo's testimony was not live before the jury, but rather
had been videotaped and played for the jury. The testimony has
been a point of contention throughout the litigation, and
following the verdict, several court watchers said the issue was
one the defendants were likely to focus on. However, defense
motions based on Dr. Randazzo's videotaped testimony had also
previously been denied on several occasions, including in a
motion for summary judgment that Philadelphia Judge Arnold New
denied in October and as part of the defendants' motion for
compulsory nonsuit at the end of the plaintiff's case.
In an emailed statement a spokeswoman for Janssen said the
company was pleased that the court reversed the verdict.
"Nothing is more important to us than the health and safety of
the patients using our medicines," spokeswoman Sarah Freeman
said. A spokesman for Bayer said the company was also pleased
with the ruling.
"The ruling and the defense verdicts in the first three federal
court trials support both the safety and efficacy of Xarelto and
that its [U.S. Food and Drug Administration]-approved label
contains accurate, science-based information on the benefits and
risks of this life-saving medicine," spokesman Chris Loder said
in an emailed statement.
In an emailed statement Levin Sedran & Berman attorney Michael
Weinkowitz -- mweinkowitz@lfsblaw.com -- who is co-liaison
counsel for the plaintiffs, said the court also determined there
was sufficient evidence to support the jury's multimillion-dollar
punitive damages award, which, he said, has implications for the
1,600 cases pending in Philadelphia's Xarelto mass tort program.
"This ruling regarding the defendants' wrongful conduct -- which
resulted in the jury awarding $26 million in punitive damages --
has far broader implications for the Xarelto litigation as a
whole," he said. "We look forward to trying the next series of
cases in Philadelphia." The ruling on Jan. 9 adds one more
wrinkle to the already contentious litigation, which has seen
disputes arise over allegedly unsavory tactics involving a
witness, improper comments during closing arguments, and social
media posts that eventually resulted in two attorneys being
punished for the conduct on Jan. 9.
JASON JAPANESE: Faces "Wang" Suit in Eastern District of New York
-----------------------------------------------------------------
A class action lawsuit has been filed against Jason Japanese Food
Inc. d/b/a New Hama Fusion. The case is styled as Yong Xin Wang,
on behalf of himself and others similarly situated, Plaintiff v.
Jason Japanese Food Inc. d/b/a New Hama Fusion, Wen Tao Wang, Wen
Yue Wang and Henry "Doe" (last name unknown), Defendants, Case
No. 1:18-cv-00730 (E.D. N.Y., February 1, 2018).
Jason Japanese Food Inc. d/b/a New Hama Fusion is a Japanese
restaurant.[BN]
The Plaintiff appears PRO SE.
KATE ONE CORP: Faces "Pineda" Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Kate One
Corporation. The case is styled as Juan Roni Pineda, on behalf of
others similarly situated, Plaintiff v. Kate One Corporation
doing business as: Eddy's Eats and Kyung Lee, Defendants, Case
No. 1:18-cv-00914 (S.D. N.Y., February 1, 2018).
Kate One Corporation is in the Delicatessen (Eating Places)
business.[BN]
The Plaintiff appears PRO SE.
LIBRARY HOTEL: Faces "Fischler" Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Library Hotel
Company Inc. The case is styled as Brian Fischler, individually
and on behalf of all other persons similarly situated, Plaintiff
v. Library Hotel Company Inc. and Giraffe Company Inc. d/b/a
Hotel Giraffe by Library Hotel Collection, Defendants, Case No.
1:18-cv-00972 (S.D. N.Y., February 4, 2018).
Library Hotel Collection is a 60-room boutique hotel in New York
City, located at 299 Madison Avenue (at 41st Street), near the
New York Public Library, Bryant Park, and Grand Central
Terminal.[BN]
The Plaintiff is represented by:
Douglas Brian Lipsky, Esq.
Lipsky Lowe LLP
630 Third Avenue Fifth Floor
New York, NY 10017
Tel: (212) 392-4772
Fax: (212) 444-1030
Email: doug@lipskylowe.com
LSTD, LLC: Faces "Taveras" Suit in S.D. New York
------------------------------------------------
A class action lawsuit has been filed against LSTD, LLC d/b/a SSA
Construction Group. The case is styled as Rigoberto Taveras, on
behalf of all others similarly situated, Plaintiff v LSTD, LLC
d/b/a SSA Construction Group, Saul Sutton and Anthony Scavo, Jr.,
Defendants, Case No. 1:18-cv-00903 (S.D. N.Y., February 1, 2018).
LSTD, LLC d/b/a SSA Construction Group is engaged in the
constructions industry.[BN]
The Plaintiff appears PRO SE.
LUXOR LIMO: Faces "Bishop" Suit in S.D. New York
------------------------------------------------
A class action lawsuit has been filed against Luxor Limo Inc. The
case is styled as Cedric Bishop, on behalf of himself and all
others similarly situated, Plaintiff v. Luxor Limo Inc.,
Defendant, Case No. 1:18-cv-01009 (S.D. N.Y., February 5, 2018).
Luxor Limo Inc. provides Limo & Limousine Service to Houston
Limousine Airport Limo, Houston Limo IAH, Hobby Airport Limousine
Transportation, Hull Airport Limousine Service with luxury Town
Car sedans, stretch limousines, 15 passenger van and mini-bus
service.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Joseph H Mizrahi Law PC
337 Avenue W Suite 2f
Brooklyn, NY 11223
Tel: (917) 299-6612
Fax: (347) 665-1545
Email: jmizrahilaw@gmail.com
MARQUIS & CO: Faces "Anderson" Suit in E.D. Pennsylvania
--------------------------------------------------------
A class action lawsuit has been filed against Marquis & Co., LLC.
The case is styled Das errick Anderson, on behalf of himself and
all others similarly situated, Plaintiff v. Marquis & Co., LLC
doing business as: Charlie Was A Sinner, Defendant, Case No.
2:18-cv-00421-GJP (E.D. Penn., February 1, 2018).
Charlie was a sinner is a Midtown Village bar and cafe open from
4:00 p.m. to 2:00 a.am.[BN]
The Plaintiff is represented by:
C. K. LEE, Esq.
LEE LITIGATION GROUP, PLLC
30 EAST 39TH STREET
SECOND FLOOR
NEW YORK, NY 10016
Tel: (212) 465-1188
Email: cklee@leelitigation.com
MCFNY2 LLC: Faces "Lang" Suit in Southern District New York
-----------------------------------------------------------
A class action lawsuit has been filed against MCFNY2 LLC d/b/a
Mission Chinese. The case is styled as Erin Lang, ILana
Engelberg, Zaynah Shaikh and Bayley Blaisdell, on behalf of
themselves and others similarly situated, Plaintiffs v. MCFNY2
LLC d/b/a Mission Chinese, James DanileBowien, Jane Hem and
Adrianna Varedi, Defendants, Case No. 1:18-cv-00920 (S.D. N.Y.,
February 1, 2018).
MCFNY2 LLC d/b/a Mission Chinese operates in the restaurant
industry.[BN]
The Plaintiffs appear PRO SE.
MDL 2741: "McClain" Class Suit Transferred to N.D. Calif.
---------------------------------------------------------
The class action lawsuit filed on December 27, 2017 captioned
Debra McClain, individually and on behalf of all others similarly
situated v. Monsanto Company, Case No. 4:17-cv-02931, was
transferred on January 16, 2017, from the U.S. District Court for
the Eastern District of Missouri, Eastern Division to the U.S.
District Court for the Northern District of California (San
Francisco). The District Court Clerk assigned Case No. 3:18-cv-
00332-VC to the proceeding.
The Case is consolidated in the multidistrict litigation titled
In re: Roundup Products Liability Litigation MDL No. 2741.
According to an order entered by the United States Judicial Panel
on Multidistrict Litigation, it appears that the actions in the
litigation involve questions of fact that are common to the
actions previously transferred to the Northern District of
California and assigned to Judge Catherine D. Perry.
In his complaint, the Plaintiff seeks damages as a direct and
proximate result of Defendant's negligent and wrongful conduct in
connection with the design, development, manufacture, testing,
packaging, promoting, marketing, advertising, distribution,
labeling, and sale of the herbicide Roundup(R), containing the
active ingredient glyphosate.
Monsanto Company owns and operates a multinational agricultural
biotechnology corporation based in St. Louis, Missouri. [BN]
The Plaintiff is represented by:
Seth S. Webb, Esq.
211 North Broadway, Suite 1600
St. Louis, MO 63102
Telephone: (314) 222-2222
Facsimile: (314) 421-0359
E-mail: sethw@getbc.com
MDL 2741: "Rodgers" Class Suit Transferred to N.D. Calif.
--------------------------------------------------------
The class action lawsuit filed on December 28, 2017 captioned
Linda Rodgers, individually and on behalf of Francis Rodgers v.
Monsanto Company, Case No. 4:17-cv-02941 was transferred on
January 16, 2017 from the U.S. District Court for the Eastern
District of Missouri, Eastern Division to the U.S. District Court
for the Northern District of California (San Francisco). The
District Court Clerk assigned Case No. 3:18-cv-00334-VC to the
proceeding.
The Case is consolidated in the multidistrict litigation titled
In re: Roundup Products Liability Litigation MDL No. 2741.
According to an order entered by the United States Judicial Panel
on Multidistrict Litigation, it appears that the actions in the
litigation involve questions of fact that are common to the
actions previously transferred to the Northern District of
California and assigned to Judge Henry E. Autrey.
In his complaint, the Plaintiff seeks damages as a direct and
proximate result of Defendant's negligent and wrongful conduct in
connection with the design, development, manufacture, testing,
packaging, promoting, marketing, advertising, distribution,
labeling, and sale of the herbicide Roundup(R), containing the
active ingredient glyphosate.
Monsanto Company owns and operates a multinational agricultural
biotechnology corporation based in St. Louis, Missouri. [BN]
The Plaintiff is represented by:
Seth S. Webb, Esq.
211 North Broadway, Suite 1600
St. Louis, MO 63102
Telephone: (314) 222-2222
Facsimile: (314) 421-0359
E-mail: sethw@getbc.com
MDL 2804: Philadelphia Teachers' Suit Moved to N.D. Ohio
--------------------------------------------------------
The class action lawsuit titled Philadelphia Federation of
Teachers Health and Welfare Fund, INDIVIDUALLY AND ON BEHALF OF
ALL OTHERS SIMILARLY SITUATED, the Plaintiff, v. Purdue Pharma
L.P., Purdue Pharma Inc., Purdue Frederick Company Inc., and
Abbott Laboratories, Inc., Case No. 2:17-cv-04746, was
transferred from the U.S. District Court for the District of
Pennsylvania Eastern, to the U.S. District Court for the Northern
District of Ohio (Cleveland) (MDL 2804) on Feb. 2, 2018. The
Northern District Court Clerk assigned Case No. 1:17-op-45176-DAP
to the proceeding. The case is assigned to the Hon. Judge Dan
Aaron Polster.
Purdue Pharma L.P. is a privately held pharmaceutical company
owned principally by parties and descendants of Mortimer and
Raymond Sackler.[BN]
The Plaintiff is represented by:
David S. Senoff, Esq.
Clayton P. Flaherty, Esq.
Hillary B. Weinstein, Esq.
Thomas R. Anapol, Esq.
ANAPOL WEISS - PHILADELPHIA
One Logan Square, Ste. 1600
130 North 18th Street
Philadelphia, PA 19103
Telephone: (215) 735 1130
E-mail: dsenoff@anapolweiss.com
hweinstein@anapolweiss.com
tanapol@anapolweiss.com
Attorneys for Purdue Frederick Company Inc.:
Judy L. Leone, Esq.
DECHERT PRICE & RHOADS
4000 Bell Atlantic Tower
1717 Arch Street
Philadelphia, PA 19103
Telephone: (215) 994 4000
- and -
Christopher Boisvert, Esq.
COPO STRATEGIES
30 South 15th Street, 15th Floor
Philadelphia, PA 19102
Telephone: (215) 994 2312
Attorneys for Abbott Laboratories, Inc.:
Michael S. Blume, Esq.
24 Rockefeller Center
1270 Avenue of the Americas
New York, NY 10020
Telephone: (212) 307 5500
MDL 2804: Judge Calls for Quick Settlement of Opioid Cases
----------------------------------------------------------
Eric Heisig, writing for cleveland.com, reports that a federal
judge overseeing massive amounts of litigation filed by
government entities against drug manufacturers, distributors and
doctors over the nationwide opioid crisis told more than 100
lawyers who gathered in Cleveland on Jan. 16 that they should try
to settle, and soon.
U.S. District Judge Dan Polster told the attorneys -- who
represent the drug companies and cities, counties and states --
that other branches of government have not properly addressed the
nationwide epidemic, which has causes record numbers of overdose
deaths. The problem therefore falls on the judicial branch, and
he would like to see something worked out that would combat what
remains a growing problem in Ohio and the nation.
Judge Polster said he was particularly troubled by reports that
the number of deaths caused by opioids has contributed to an
overall decrease in the life expectancy for Americans. He said he
believes everybody has some responsibility for the crisis.
If a resolution can't be reached, then the cases will be
litigated over the next year, the judge said. But more Americans
will die during that time, and the public is not worried about
depositions, motions and legal rulings.
"We don't need a lot of briefs and we don't need trials," Judge
Polster said. He later said that he does not want to decide
legal issues "without a full factual record," which would mean
lots of discovery, depositions and work on the part of the
attorneys.
The judge sent attorneys from both sides to separate courtrooms
following the 30-minute hearing to have private discussions.
He acknowledged to those in the courtroom that his statements
were likely not what they expected to hear in the first hearing
but that he had given it a lot of thought prior to hearing. He
wants to find a way to stop the flow of pills onto the street,
while still ensuring that those who really need them can still
acquire them, Judge Polster said.
The hearing is the first one since a federal panel appointed
Judge Polster to oversee what was then dozens of government
lawsuits filed against opioid manufacturers, distributors and
doctors. Attorneys from across the country filled every corner
of Judge Polster's courtroom at the federal courthouse in
downtown Cleveland, with others either in an overflow room
watching a video feed or listening on the phone.
The lawsuits allege manufacturers overstated the benefits and
downplayed the risks of treating pain with opioids, and that
distributors failed to properly monitor suspicious orders of
prescription painkillers.
Of the 64 lawsuits originally transferred to Judge Polster's
court in December, 16 were from Ohio. The total number has
ballooned to more than 200 and more could be added in the future.
That includes a lawsuit filed by Cuyahoga County, though the
county is asking that the case be moved back to state court.
Judge Polster, a former assistant U.S. attorney, has been on the
bench since 1998. He is well-respected among Cleveland lawyers
and has a reputation as a judge who tries to quickly resolve
criminal and civil cases.
MERCK & CO: UFCW Local Alleges Price-Fixing of Zetia Drug
---------------------------------------------------------
UFCW LOCAL 1500 WELFARE FUND, on behalf of itself and all others
similarly situated, the Plaintiff, v. MERCK & CO., INC.; MERCK
SHARP & DOHME CORP.; SCHERING-PLOUGH CORP.; SCHERING CORP.; MSP
SINGAPORE CO. LLC; GLENMARK PHARMACEUTICALS, LTD.; and GLENMARK
GENERICS INC., U.S.A., the Defendants, Case No. 1:18-cv-00763
(E.D.N.Y., Feb. 2, 2018), seeks to recover damages and obtain
injunctive and equitable relief for injuries caused by the
Defendants under federal and state antitrust, consumer
protection, and unjust enrichment laws.
The Plaintiff's claims stem from Defendants' anticompetitive
scheme to unreasonably restrain competition in the market for
Zetia (TM) and its AB-rated generic equivalents sold in the
United States.
Merck develops Zetia. In the early 1990s, following its success
with statins, Merck sought to identify new compounds that could
reduce cholesterol and prevent the buildup of plaques in
arteries. Merck turned to a class of drugs first developed forty
years earlier: ACAT inhibitors. Ultimately, Merck developed a
compound called "ezetimibe." Merck later obtained three patents
purportedly covering its new compound, one of which was U.S.
Patent No. RE37,721 (the "RE'721 patent"). Beginning in late
2002, Merck marketed ezetimibe as the blockbuster drug Zetia.
Glenmark was the first filer status, earning 180 days of generic
exclusivity. In 2006, Glenmark became the first generic
manufacturer to seek FDA approval to market generic Zetia. As the
first filer, Glenmark earned the right to keep other generic
companies off the market for 180 days. Significantly, though,
Glenmark could not keep Merck from selling or licensing its own
generic. Brand companies frequently launch or license authorized
generics, particularly during a first filer's so-called 180-day
exclusivity period, in an effort to prevent the massive loss of
revenue attending generic entry. The brand's authorized generic
typically takes up to 50% of generic sales away from the first
filer. In effect, an authorized generic lets the brand hold on to
sales that it otherwise would lose to the first-filer
generic.[BN]
Attorneys for Plaintiff:
Eric D. Holland, Esq.
HOLLAND LAW FIRM
300 North Tucker, Suite 801
St. Louis, MO 63101
Telephone: (314) 241 8111
Facsimile: (314) 241 5554
E-mail: eholland@allfela.com
- and -
Jessica L. Richman
PARKER WAICHMAN LLP
6 Harbor Park Drive
Port Washington, NY 11050
Telephone: (516) 723 4627
Facsimile: (516) 723 4727
E-mail: jrichman@yourlawyer.com
METLIFE INC: Faces "Parchmann" Suit over 11% Drop in Share Price
----------------------------------------------------------------
CHRISTOPHER PARCHMANN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED, the Plaintiff, v. METLIFE, INC., STEVEN A.
KANDARIAN, and JOHN C. R. HELE, the Defendants, Case No. 1:18-cv-
00780 (E.D.N.Y., Feb. 5, 2018), seeks to recover compensable
damages caused by Defendants' violations of the Securities
Exchange Act of 1934.
The case is a federal securities class action on behalf of a
class consisting of all persons and entities, other than
Defendants and their affiliates, who purchased publicly traded
MetLife securities from February 27, 2013 through January 29,
2018.
According to a statement by Faruqi & Faruqi, LLP, the lawsuit
focuses on whether the Company and its executives violated
federal securities laws by making false and/or misleading
statements and/or failing to disclose that: (1) MetLife's
practices and procedures used to estimate its reserves set aside
for annuity and pension payments were inadequate; (2) MetLife had
inadequate internal controls over financial reporting; and (3) as
a result, the Company's statements about its business, operations
and prospects were materially false and misleading and/or lacked
a reasonable basis.
Specifically, aftermarket on December 15, 2017, the Company filed
a Form 8-K with the Securities and Exchange Commission ("SEC")
announcing that the Company has not been able to locate some of
the Company's annuitant population and that it plans to provide
an update upon the filing of the Form 10-K for the year ending
December 31, 2017. Then, on January 29, 2018, MetLife issued a
press release announcing that it had to reschedule the earnings
releases and conference calls for the fourth quarter 2017 and the
full year 2017, that the Company identified material weaknesses
in its internal controls, that the Company would have to make
revisions to prior financial statements, and that the SEC and New
York Department of Financial Services made inquiries to the
Company.
On this news and over the next two trading days, MetLife's share
price fell from $54.40 per share on January 29, 2018 to a closing
price of $48.07 on January 31, 2018 -- a $6.33 or a 11.64% drop.
Defendants Kandarian is the Company's President and CEO, and Hele
is its Executive Vice President and CFO.
Faruqi & Faruqi, reminds MetLife (NYSE:MET) investors of the
April 6, 2018 deadline to seek the role of lead plaintiff in a
federal securities class action that has been filed against the
Company.
MetLife, Inc. is the holding corporation for the Metropolitan
Life Insurance Company, better known as MetLife, and its
affiliates.[BN]
Counsel for Plaintiff:
Laurence M. Rosen, Esq.
Phillip Kim, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Ave., 34th Floor
New York, NY 10016
Telephone: (212) 686 1060
Facsimile: (212) 202 3827
E-mail: lrosen@rosenlegal.com
pkim@rosenlegal.com
Faruqi may be reached at:
Richard Gonnello, Esq.
FARUQI & FARUQI, LLP
685 Third Avenue, 26 Floor
New York, NY 10017
Telephone: (877) 247-4292
(212) 983-9330
E-mail: rgonnello@faruqilaw.com
MICROSOFT CORP: Fights Gender Discrimination Class Action
---------------------------------------------------------
Erin Mulvaney, writing for Law.com, reports that Microsoft Corp.
says, while the company is "keenly aware of gender imbalance in
the tech industry," a federal class action seeking to advance the
discrimination claims of more than 8,600 former and current
female employees is not the right avenue to tackle the issue.
The case in the U.S. District Court for the Western District of
Washington against the Redmond, Washington-based tech company
argues that systemic practices across the company's office
created a disparity for advancement and equal pay for women in
engineering and technical roles compared to men in comparable
positions.
Microsoft's opposition to class certification, filed on Jan. 5 in
federal court, reveals the tension the company faces as it fights
the class claims while acknowledging internal and broader efforts
to improve gender equality and diversity in the industry.
The tech industry has been under the microscope for gender
inequity, and several other major companies have faced similar
lawsuits, including Alphabet Inc's Google and Uber Technologies.
The U.S. Labor Department also has open investigations against
Google and Oracle.
The court filing, filed on Jan. 5, goes on to detail the
company's efforts to improve diversity and inclusion, including a
$55 million investment per year in programs, a mandatory
companywide unconscious bias training and an internal
investigation process.
"In over twenty years of committed diversity and inclusion
efforts, Microsoft has learned that diversity is not a finite
goal, but a process that requires constant self-assessment and
re-commitment," Microsoft's attorneys at Orrick, Herrington &
Sutcliffe wrote in a response to class certification. "Microsoft
is keenly aware of the gender imbalance in the tech industry and
is deeply invested in improving it."
Orrick partner Mark Parris -- mparris@orrick.com -- in Seattle
and partners Lynne Hermle -- lchermle@orrick.com -- and Jessica
Perry -- jperry@orrick.com -- in Silicon Valley represent the
company in the case.
The complaint against Microsoft was spearheaded by three women-
Katherine Moussouris, Holly Muenchow and Dana Piermarini-and they
want to draw in 8,630 other women who worked for the company
since 2012.
Attorneys at Outten & Golden, Lieff, Cabraser, Heimann &
Bernstein and Frank Freed, Subit & Thomas represent the women in
this case.
They argue that women in engineering and tech roles were
discriminated against by the company with lower pay and fewer
opportunities for promotions.
It notes a system used to rank employees that the case argues has
a disparate impact on women and the internal complaint process
falls short of protecting women workers against retaliation and
discrimination.
An analysis of this "calibration process" submitted in court
filings found that women received 500 fewer promotions than men
with similar characteristics would have received.
It claims Microsoft attempted to sidestep the issue by publishing
two "misleading" pay equity studies and pursuing diversity and
inclusion programs.
Microsoft, meanwhile, argues against the class, saying the women
are "scattered" across offices in dozens of offices and do not
identify a discriminatory practice. The company defended its
practice of evaluating employees. It claims the class is not
cohesive.
Attorneys for the women and Microsoft did not immediately respond
to request for comment.
MONSANTO COMPANY: Parkers Sue Over Sale of Herbicide Roundup
------------------------------------------------------------
RICHARD PARKER and VIRGINIA PARKER, the Plaintiffs, v. MONSANTO
COMPANY and JOHN DOES 1-50., Case No. 4:18-cv-00186 (E.D. Mo.,
Feb. 2, 2018), seeks to recover damages suffered by Plaintiffs as
a direct and proximate result of Defendants' negligent and
wrongful conduct in connection with the design, development,
manufacture, testing, packaging, promoting, marketing,
advertising, distribution, labeling, and/or sale of the herbicide
Roundup (TM), containing the active ingredient glyphosate.
The Plaintiffs maintain that Roundup (TM) and/or its active
ingredient glyphosate is defective, dangerous to human health,
unfit and unsuitable to be marketed and sold in commerce, and
lacked proper warnings and directions as to the dangers
associated with its use. The Plaintiffs' injuries, like those
striking thousands of similarly situated victims across the
country, were avoidable.
Monsanto Company is a publicly traded American multinational
agrochemical and agricultural biotechnology corporation. It is
headquartered in Creve Coeur, Greater St. Louis, Missouri.[BN]
Attorneys for Plaintiff:
Eric D. Holland, Esq.
HOLLAND LAW FIRM
300 North Tucker, Suite 801
St. Louis, MO 63101
Telephone: (314) 241 8111
Facsimile: (314) 241 5554
E-mail: eholland@allfela.com
- and -
Jessica L. Richman, Esq.
PARKER WAICHMAN LLP
6 Harbor Park Drive
Port Washington, NY 11050
Telephone: (516) 723 4627
Facsimile: (516) 723 4727
E-mail: jrichman@yourlawyer.com
MONSANTO COMPANY: "Farms" Suit Moved to Eastern Dist. of Missouri
-----------------------------------------------------------------
The class action lawsuit titled Whitehead Farms and Kevin
Whitehead, on Behalf of Itself And Other Similarly Situated
Arkansans, the Plaintiff, v. Monsanto Company; BASF SE
BASF Corporation; BASF Crop Protection; and John Does, 1-25, the
Defendants, Case No. 2:17-cv-00168, was transferred from the U.S.
District Court for the Eastern District of Arkansas, to the U.S.
District Court for the Eastern District of Missouri (St. Louis).
The Missouri Eastern District Court Clerk assigned Case No. 4:18-
cv-00198-JAR to the proceeding.
Monsanto Company is a publicly traded American multinational
agrochemical and agricultural biotechnology corporation. It is
headquartered in Creve Coeur, Greater St. Louis, Missouri.[BN]
The Plaintiffs are represented by:
Alex T. Gray, Esq.
MITCHELL AND WILLIAMS
425 West Capitol Avenue, Suite 1800
Little Rock, AR 72201
Telephone: (501) 688 8800
E-mail: agray@mwlaw.com
- and -
George Nathan Steel, Esq.
Marshall Wright, Esq.
STEEL, WRIGHT, GRAY & HUTCHINSON, PLLC
400 West Capitol Avenue, Suite 2910
Little Rock, AR 72201
Telephone: (501) 251 1587
E-mail: nate@swghfirm.com
marshallwright@sbcglobal.net
- and -
Jeremy Y. Hutchinson, Esq.
PATTON AND ROBERTS
111 Center Street, Suite 1315
Little Rock, AR 72201
Telephone: (501) 372 3480
Facsimile: (501) 372 3488
- and -
Scott E. Poynter, Esq.
EMERSON POYNTER LLP
1301 Scott St.
Little Rock, AR 72201
Telephone: (501) 907 2555
Facsimile: (501) 907 2556
E-mail: scott@swcfirm.com
Attorneys for Monsanto Company:
A. Elizabeth Blackwell, Esq.
Christopher M. Hohn, Esq.
Daniel C. Cox, Esq.
Jan P. Miller, Esq.
Jeffrey A. Masson, Esq.
THOMPSON COBURN LLP
One U.S. Bank Plaza, Suite 2700
St. Louis, MO 63101
Telephone: (314) 552 6000
Facsimile: (314) 552 7000
E-mail: eblackwell@thompsoncoburn.com
chohn@thompsoncoburn.com
dcox@thompsoncoburn.com
jmasson@thompsoncoburn.com
- and -
Edwin L. Lowther, Jr., Esq.
Scott Andrew Irby, Esq.
WRIGHT AND LINDSEY
200 W. Capitol Avenue, Suite 2300
Little Rock, AR 72201-3699
Telephone: (501) 371 0808
E-mail: elowther@wlj.com
jmiller@thompsoncoburn.com
sirby@wlj.com
Attorneys for BASF SE and BASF Corporation
E. B. Chiles, IV, Esq.
John E. Tull, III, Esq.
Sarah DeLoach, Esq.
QUATTLEBAUM, GROOMS & TULL PLLC
111 Center Street, Suite 1900
Little Rock, AR 72201-3325
Telephone: (501) 379 1700
E-mail: cchiles@qgtb.com
jtull@qgtlaw.com
sdeloach@qgtlaw.com
- and -
John P. Mandler, Esq.
FAEGRE AND BAKER LLP
2200 Wells Fargo Center
90 S. Seventh St.
Minneapolis, MN 55402
Telephone: (612) 766 7221
Facsimile: (612) 766 1600
E-mail: john.mandler@faegrebd.com
NEW SOMAHANG AUTO: Faces "Cabrera" Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against New Somahang Auto &
Body Inc. The case is styled as Marlon Patricio Montalvan Cabrera
and Emmanuel Esteban Guillen, on behalf of themselves and all
other persons similarly situated, Plaintiffs v. New Somahang Auto
& Body Inc. and Chan Soo Kim, Defendants, Case No. 1:18-cv-00801
(E.D. N.Y., February 6, 2018).
New Somahang Auto & Body Inc. offers auto repair and service.[BN]
The Plaintiffs appear PRO SE.
NFL: Law Firms Question Expert's Attorney Fees Report
-----------------------------------------------------
Max Mitchell, writing for Law.com, reports that several leading
law firms in the NFL concussion settlement litigation are taking
issue with an expert report that suggested slashing attorney fee
recoveries.
More than 10 law firms have filed responses to a December expert
report that recommended capping attorney fees. Attorneys
questioning the report's conclusions included both Chris Seeger
-- cseeger@seegerweiss.com -- of Seeger Weiss and Sol Weiss --
sweiss@anapolweiss.com -- of Anapol Weiss, who are co-lead class
counsel in the litigation that came to a $1 billion settlement
with the National Football Association in early 2015.
Most responses from the attorneys questioned the assumptions
underpinning the report Harvard professor William Rubenstein
issued in December, and some said that capping attorney fees
could damage some of the former players' ability to recover under
the settlement.
Mr. Seeger's response, filed on Jan. 3, specifically took issue
with Rubenstein's determination that, since the litigation
settled relatively quickly, it was reasonable to recommend that
the court reject a proposed 5 percent set-aside that would go
toward a common benefit fund for class counsel attorneys.
"Any suggestion that class counsel did not invest sufficient time
in this litigation to warrant the requested $106.8 million in
common benefit fees is simply wrong," Mr. Seeger said. "Although
this may not have been a typical MDL involving extensive
discovery bellwether trials, and the like, all kinds of labor,
resources, and ingenuity went into resolving this litigation."
Last year, class counsel asked U.S. District Judge Anita Brody of
the Eastern District of Pennsylvania, who is overseeing the
litigation, to approve $112.5 million for attorney fees and costs
stemming from the settlement, which is intended to compensate
about 20,000 former players suffering from concussion-related
injuries. The NFL has agreed to pay the money in addition to the
money for the class members.
The fee request included a 15.6 percent rate for attorneys
representing claimants directly, along with the 5 percent set-
aside that would be paid to the common benefit fund either from
attorney fees, if the claimant had individual representation, or
from the claimants' recovery if they were unrepresented.
Mr. Rubenstein, who Judge Brody asked to review the fee request,
issued a 47-page expert report in mid-December recommending a
presumptive 15 percent cap on contingency fees and that the court
not adopt the 5 percent set-aside.
Responses largely took issue with the class participation rate
Rubenstein used, and said the report did not take into account
how vigorously the NFL would contest some of the claimant's
petitions.
A filing on Jan. 3 by X1Law said attorneys also said that cutting
the fees could have a chilling effect on attorneys wanting to
represent claimants who have difficult cases.
"Capping attorney's fees at 15 percent would cut the legs out
from under independently retained plaintiff's attorneys [IRPAs]
due to the time and risk involved in this complex and contentious
claims process, essentially gutting their ability to represent
class members by making the representation financially
dangerous," X1Law attorney Patrick Tighe said in the filing.
"Professor Rubenstein's proposed cap would severely chill access
to IRPAs, limiting IRPA advocacy and oversight, resulting in a
lack of oversight in any otherwise dangerous claims process for
class members."
When reached for comment, Mr. Tighe said a 15 percent cap on fees
would specifically impact players whose symptoms do not presently
show up on tests, but may manifest in a few years.
"It's going to eliminate a vast majority of class members from
being able to present a claim," he said.
A spokeswoman for Mr. Seeger did not immediately respond to a
request for comment. Mr. Weiss also did not immediately return a
phone call seeking comment.
OGLETREE DEAKINS: Responds to Gender Discrimination Class Action
----------------------------------------------------------------
Debra Cassens Weiss, writing for ABA Journal, reports that a
nonequity shareholder at Ogletree, Deakins, Nash, Smoak & Stewart
claims in a $300 million lawsuit that the defense-side labor and
employment firm discriminates against female partners in pay,
promotions and opportunities.
The would-be federal class action was filed Jan. 12 by
shareholder Dawn Knepper, according to a press release, the
Recorder and Bloomberg Big Law Business. Ms. Knepper is
represented by David Sanford of Sanford Heisler Sharp, the same
firm that filed gender bias suits against Chadbourne & Parke, and
the now-disbanded firm Sedgwick.
On its website, Ogletree Deakins purports to foster diversity and
inclusion, "but this rhetoric is largely hollow," the suit says.
"In reality, the firm has shirked its obligations under the law
through its 'do as I say not as I do' practices."
The suit says the firm doesn't give female shareholders the
appropriate credit for business they generate and the work they
do, doesn't give women the same development and training
opportunities provided to men, and doesn't select women for
business pitches as often as men.
Compensation decisions are controlled by the firm's predominantly
male compensation committee and are approved by a vote of equity
shareholders, about 80 percent of whom are men, the suit says.
Men also dominate at the nonequity shareholder level, making up
58 percent of the group, according to the suit, which relied on
statistics that were current as of last Dec. 31.
The suit says shareholders receive credit for work in five main
categories: originating credits, managing credits, responsible
credits, working credits, and billable hours. Ogletree puts more
emphasis on origination credits and, to a lesser extent, managing
credits in its compensation decisions, the suit says.
The originating credit can be divided among several lawyers, but
in practice the credit goes to the lawyer who establishes the
initial relationship with a client, according to the suit. The
originating lawyer "has total discretion to allocate origination
credits in perpetuity," the suit says.
Between 2014 and 2016, the average amount of origination credits
for male shareholders was nearly double that of female
shareholders, the suit says. Ms. Knepper says she has been with
the law firm for more than 12 years, and has never been invited
on a business pitch to a prospective client.
The firm disproportionately gives administrative duties to women
lawyers, which takes up time that could be spent on billable
matters, the suit says. Administrative duties include office
management, paralegal supervision and training, and event
planning. The firm also gives the bulk of actual legal work on
cases to women, which doesn't have a meaningful impact on
compensation, the suit says.
The suit seeks $100 million for underpayment, $100 million in
compensatory damages, and $100 million in punitive damages. The
suit alleges pay discrimination, gender bias and retaliation in
violation of Title VII of the Civil Rights Act; violation of the
federal Equal Pay Act; violation of California employment law;
and unfair competition.
A separate suit seeks a declaratory judgment that Ms. Knepper is
not bound by any arbitration agreement.
Ogletree Deakins said in a statement that equal opportunity is a
core principle at the firm and it doesn't tolerate discrimination
of any kind.
"We take the allegations filed by one California shareholder very
seriously," the statement said. "However, the decision-making
process that governs our compensation system is both fair and
equitable.
"In fact, we are proud of our 'open compensation' system under
which all shareholders in the firm know what every other
shareholder earns -- and the factors that support those
determinations. Under this system, full-time female non-equity
shareholders in California have made more on average than their
male counterparts in each of the last four years. And the same
is true if you compare female and male equity shareholders in
California.
"We will confidently defend the firm against these claims as we
remain steadfast in our commitment to equal opportunity for all.
Women comprise more than half of the people in our firm and, over
the last four years, the majority of attorneys promoted to
shareholder in the firm have been women (8 of the 11 new
shareholders just promoted on January 1 are women). Further,
women are among our most successful lawyers, serving in
leadership positions as members of our board of directors and
compensation committee, office managing shareholders and practice
group chairs. Of the four elected members of the compensation
committee, two are women. All four serve alongside the firm's
managing shareholder."
The firm has adopted a number of initiatives relating to credit
guidelines, pay equity and flexible work policies as a result of
a recommendations by a recently formed task force, the statement
said. The firm also has appointed its first ombudsperson to help
resolve workplace issues.
OSI SYSTEMS: St. Louis Cops Allege Securities Law Violation
-----------------------------------------------------------
THE POLICE RETIREMENT SYSTEM OF ST. LOUIS, Individually and on
behalf of all others similarly situated, the Plaintiff, v. OSI
SYSTEMS, INC., DEEPAK CHOPRA, ALAN EDRICK and AJAY MEHRA, the
Defendants, Case No. 2:18-cv-00894 (C.D. Cal., Feb. 5, 2018),
seeks remedies under the Securities Exchange Act of 1934.
The case is a class action on behalf of persons and entities that
acquired OSI securities between August 21, 2013 and February 1,
2018, inclusive, against the Defendants OSI, its Chief Executive
Officer Deepak Chopra, its Chief Financial Officer Alan Edrick
and Ajay Mehra, OSI's Executive Vice President and President of
OSI Solutions Business and a member of OSI's Board of Directors.
OSI, headquartered in Hawthorne, California, designs and
manufactures specialized electronic systems and components. The
Company claims that it sells its products and provides related
services in diversified markets, including homeland security,
healthcare, defense, and aerospace.
On December 6, 2017, Muddy Watters Research published a report on
OSI entitled "OSIS: Rotten to the Core." In that report, Muddy
Waters reported that there was corruption in the 2013 award by
the Albanian government to OSI of a turnkey screening services
contract. Muddy Waters claimed that while the Albania Concession
"has an estimated top line lifetime value of $150 million to $250
million," OSI "likely bribed somebody by giving half of it away"
for nothing, since "[t]here was an unannounced transfer of 49% of
OSIS's project company, S2 Albania SHPK, to a holding company
owned by an Albanian doctor, for consideration of less than
$5.00." Muddy Waters also stated that "investigators' interviews
with former employees yielded numerous anecdotes indicating OSIS
is rotten to the core," including "knowledge of improper sales,
cash payments to government officials, fraud in a significant
contract, and that OSIS had narrowly avoided being debarred from
doing business with the U.S. government."
On this news, the Company's stock price fell $24.55 per share, or
29.2%, to close at $59.52 per share on December 6, 2017, on
unusually heavy trading volume. Immediately following Muddy
Waters' report, on December 6, 2017, the Company issued a press
release emphatically denying Muddy Waters' claims and calling
them "misleading." The Company insisted that its turnkey security
inspection programs in Mexico and Albania were not the product of
unlawful conduct but were "the result of public tenders" that had
"resulted in enhanced security, increased seizures of contraband,
and improved transparency in customs declarations, significantly
benefitting both countries." Defendants' denial worked.
The following day, on December 7, 2017, the Company's stock price
rebounded $4.61 per share, from $59.52 to $64.13. Only two months
later, on February 1, 2018, OSI stunned investors by effectively
admitting that the Muddy Waters report had been accurate.
Specifically, in a Form 8-K filed with the SEC after trading
closed, the Company disclosed that, following Muddy Waters'
report, the SEC had commenced an investigation into the Company's
compliance with the Foreign Corrupt Practices Act ("FCPA"), and
the United States Department of Justice, through the U.S.
Attorney's Office for the Central District of California ("DOJ"),
had also announced its intention to request information from the
Company regarding FCPA compliance matters.
In addition, the Form 8-K disclosed that both the SEC and DOJ
were investigating possible insider trading at the Company, and
had subpoenaed information regarding trading by certain
executives, directors, and employees, as well as Company
operations and disclosures in and around the time of certain
trades. Significantly, the Company also acknowledged for the
first time that wrongdoing had occurred -- and that "senior"
management was directly responsible. Indeed, the Company
disclosed that, notwithstanding its earlier denials of the Muddy
Waters report, it had now "taken action with respect to a
senior-level employee," although it pointedly refused to disclose
further details. On this news, the Company's stock price fell
another $12.00 per share, or 18%, from $66.60 on February 1, 2018
to $54.60 per share on February 2, 2018.
Throughout the Class Period, Defendants made materially false
and/or misleading statements, as well as failed to disclose
material adverse facts about the Company's business, operations,
and prospects. Specifically, Defendants failed to disclose: (1)
that OSI acquired the Albania Concession through bribery or other
illicit means; (2) that OSI transferred 49% of its project
company associated with the Albania Concession, S2 Albania SHPK,
an entity purportedly worth millions, for consideration of less
than $5.00; (3) that OSI engaged in other illegal acts,
including improper sales and cash payments to government
officials in violation of the FCPA; (4) that these practices
caused the Company to be vulnerable to potential civil and
criminal liability, and adverse regulatory action; and (5) that,
as a result of the foregoing, Defendants' statements about OSI's
business, operations, and prospects, were materially false and/or
misleading and/or lacked a reasonable basis.
As a result of Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages.
OSI Systems, Inc. is an American company based in California that
develops and markets security and inspection systems such as
airport security X-ray machines and metal detectors, and medical
monitoring.[BN]
The Plaintiff is represented by:
Maya Saxena, Esq.
Joseph E. White, III, Esq.
Lester R. Hooker, Esq.
SAXENA WHITE P.A.
5200 Town Center Circle, Suite 601
Boca Raton, FL 33486
Telephone: (561) 394 3399
Facsimile: (561) 394 3382
E-mail: msaxena@saxenawhite.com
jwhite@saxenawhite.com
lhooker@saxenawhite.com
- and -
Steven B. Singer, Esq.
10 Bank St., 8th Floor
White Plains, New York 10606
Telephone: (914) 437 8551
Facsimile: (888) 631 3611
E-mail: ssinger@saxenawhite.com
- and -
Lionel Z. Glancy, Esq.
Robert V. Prongay, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201 9150
Facsimile: (310) 432 1495
E-mail: RProngay@glancylaw.com
LGlancy@glancylaw.com
OXY USA: Hitch Enterprises Suit Moved to District of Kansas
-----------------------------------------------------------
The class action lawsuit titled Hitch Enterprises, Inc., on
behalf of itself and all others similarly situated, the
Plaintiff, v. OXY USA Inc., the Defendant, Case No. 2018-cv-
000006, was removed from the District Court of Seward County,
Kansas, to the U.S. District Court for the District of Kansas
(Wichita) on Feb. 2, 2018. The District Court Clerk assigned Case
No. 6:18-cv-01030-EFM-KGG to the proceeding. The case is assigned
to the Hon. District Judge Eric F. Melgren.
OXY USA Inc. offers exploration, production, and marketing of
crude oil and natural gas. OXY USA Inc. was formerly known as
Cities Service Oil and Gas Corp. The company was incorporated in
1982 and is based in Houston, Texas. OXY USA Inc. operates as a
subsidiary of Occidental Petroleum Corporation.[BN]
Attorneys for Hitch Enterprises, Inc.:
Barbara C. Frankland, Esq.
Rex A. Sharp, Esq.
Ryan C. Hudson, Esq.
Scott B. Goodger, Esq.
REX A. SHARP, PA
5301 W. 75th Street
Prairie Village, KS 66208
Telephone: (913) 901-0505
Facsimile: (913) 901-0419
E-mail: bfrankland@midwest-law.com
rsharp@midwest-law.com
rhudson@midwest-law.com
sgoodger@midwest-law.com
Attorneys for OXY USA Inc.:
James M. Armstrong, Esq.
Mikel L. Stout, Esq.
FOULSTON SIEFKIN LLP - WICHITA
1551 N Waterfront Parkway, Suite 100
Wichita, KS 67206-4466
Telephone: (316) 291 9576
Facsimile: (316) 267 6345
E-mail: jarmstrong@foulston.com
mstout@foulston.com
PERKINS & MARIE: Carter Sues over California Disabled Persons Act
-----------------------------------------------------------------
RAMON CARTER, on behalf of himself and all others similarly
situated, the Plaintiff, v. PERKINS & MARIE CALLENDER'S, LLC, the
Defendant, Case No. BC692819 (Cal. Super. Ct., Feb. 2, 2018),
seeks statutory damages and reasonable attorneys' fees and costs
on behalf of himself, and injunctive relief on behalf of the
putative Class who has patronized or would like to patronize
Marie Callender's restaurants.
The Plaintiff, on behalf of himself and on behalf of a Class of
mobility impaired/wheelchair bound persons, alleges that
defendant is in violation of California's anti-discrimination
state statutes, the Unruh Civil Rights Act, the California
Disabled Persons Act, and the California Civil Code
The Plaintiff, a California citizen domiciled in Fontana, is
paralyzed and requires a wheelchair to move about. Plaintiff has
visited and patronized Marie Callender's restaurants within the
State of California, and has experienced discrimination at those
restaurants.[BN]
The Plaintiff is represented by:
Evan J. Smith, Esq.
BRODSKY & SMITH, LLC
9595 Wilshire Blvd., Ste. 900
Beverly Hills, CA 90212
Telephone: (877) 534 2590
Facsimile: (310) 247 0160
PERPETUAL POOCH: Faces "Kiler" Suit in Eastern District Penn.
-------------------------------------------------------------
A class action lawsuit has been filed against Perpetual Pooch,
LLC. The case is styled as Marion Kiler, on behalf of himself and
all others similarly situated, Plaintiff v. Perpetual Pooch, LLC
doing business as: White Dog Cafe, Defendant, Case No. 2:18-cv-
00420-MSG (E.D. Penn., February 1, 2018).
The White Dog Cafe is the name of three related restaurants
located in the Philadelphia, Pennsylvania area. The restaurants
employ dog-themed decor.[BN]
The Plaintiff is represented by:
C. K. LEE, Esq.
LEE LITIGATION GROUP, PLLC
30 EAST 39TH STREET
SECOND FLOOR
NEW YORK, NY 10016
Tel: (212) 465-1188
Email: cklee@leelitigation.com
PORTFOLIO RECOVERY: Faces "Burton" Suit in W.D. Texas
-----------------------------------------------------
A class action lawsuit has been filed against Portfolio Recovery
Associates, LLC. The case is styled as Tarrance Burton, on behalf
of himself and all other similarly situated consumers, Plaintiff
v. Portfolio Recovery Associates, LLC, Defendant, Case No. 5:18-
cv-00110-XR (W.D. Tex., February 2, 2018).
Portfolio Recovery Associates, LLC is engaged in the debt
collection business.[BN]
The Plaintiff is represented by:
Daniel Zemel, Esq.
Zemel Law LLC
78 John Miller Way, Suite 430
Kearny, NJ 07032
Tel: (862) 227-3106
Fax: (862) 204-5901
Email: dz@zemellawllc.com
POWER DESIGN: "Mejia" Suit Seeks Unpaid Wages & OT under FLSA
-------------------------------------------------------------
WALDINA MEJIA, LICETH MEJIA, AND CHRISTIAN REYES, on behalf of
themselves and other similarly situated individuals, v. POWER
DESIGN, INC., the Plaintiff, Case No. 3:18-cv-00103-SDD-EWD (M.D.
La., Feb. 2, 2018), seeks to recover overtime and unpaid wages
under the Fair Labor Standards Act.
Defendant and a company named "Milagro de Jesus Perez-Ochoa Sole
Proprietorship DBA H&A Electric" entered into a contract for
labor relative to electrical wire and fixture installation on an
LSU student housing project that is commonly known as the
Nicholson Gates Project.
The Defendant hired the Plaintiffs as construction workers to
provide electrical wire and fixture installation related labor
for Defendant. The Defendant would supervise and check the
quality of work of the Plaintiffs and the putative class members,
and if needed would direct the Plaintiffs and the putative class
members to correct any defective work.
According to the complaint, H&A Electric is not authorized to do
business in Louisiana, as it is not registered with the Louisiana
Secretary of State. Additionally, H&A Electric is not a Louisiana
licensed contractor. Accordingly, any contract between H&A
Electric and Defendant is contrary to public policy.
Plaintiffs assert that the relationship between Defendant and H&A
Electric is illegitimate and an attempt to reduce the labor cost
for Defendant through the use of an illegitimate contractor, H&A
Electric, in an attempt to suppress competition and avoid
liability under the FLSA.
H&A Electric would issue payroll checks to Plaintiffs; however,
Defendant and its personnel directed and controlled the daily
activity of the Plaintiffs while they were on the jobsite. The
Plaintiffs would sign in and sign out each day with personnel of
the Defendant. It is the Defendant's sign-in and sign-out process
that formed the basis of the Plaintiffs' pay.
Plaintiffs never observed H&A Electric personnel on the jobsite
while they worked. At all times pertinent to this action, the
Plaintiffs and other hourly employees of the Defendant were
employed by the Defendant to perform construction work on The LSU
Project. The Plaintiffs and the collective action members were
employees of the defendant during the time period to which this
action pertains.
The Defendant employed Waldina Mejia and Liceth Mejia from
September 8, 2017 through November 6, 2017. During that time,
Waldina Mejia and Liceth Mejia consistently worked far in excess
of 40 hours per week. Waldina Mejia and Liceth Mejia were paid
each $12 per hour. The Defendant employed Christian Reyes from
September 8, 2017 through November 4, 2017. During that time,
Christian Reyes consistently worked far in excess of 40 hours per
week. Christian Reyes was paid $13 per hour.
Throughout the entire time the Plaintiffs were employed by
Defendant, the Plaintiffs worked a fairly consistent schedule of
6:30am until 5:30pm, Monday through Friday. On Saturdays,
Plaintiffs were required to work from 6:30am until 3:00pm.
Occasionally, Plaintiffs were directed by Defendant to work
additional hours and on Sundays. Accordingly, Plaintiffs worked
approximately 50-60 hours each week. Despite the fact that the
Plaintiffs were non-exempt employees under the Fair Labor
Standards Act, they were never paid an overtime rate of one and
one-half times their regular rate of pay for hours worked in
excess of 40 hours per week.[BN]
The Plaintiff is represented by:
James R. Bullman, Esq.
Randall E. Estes, Esq.
Daniel B. Davis, Esq.
James R. Bullman, Esq.
ESTES DAVIS LAW, LLC
850 North Boulevard
Baton Rouge, LA 70802
Telephone: (225) 336 3394
Facsimile: (225) 384 5419
E-mail: james@estesdavislaw.com
RAYMOND MANAGEMENT: Sharrieff Sues over Use of Biometric Data
-------------------------------------------------------------
C. YASHUA SHARRIEFF, individually, and on behalf of all others
similarly situated, the Plaintiff, v. RAYMOND MANAGEMENT COMPANY,
INC., d/b/a THE RAYMOND GROUP, and THE ULTIMATE SOFTWARE GROUP,
INC., the Defendants, Case No. 2018-CH-01496 (Ill. Cir., Cook
County, Feb. 2, 2018), seeks to stop Defendants' unlawful
collection, use, storage, and disclosure of Plaintiffs and the
proposed Class' sensitive biometric data.
Raymond is a hospitality development company that owns, operates,
and manages many hotel properties throughout the United States,
including in this circuit. When Raymond hires an employee, he or
she is enrolled in an Ultimate employee database. Raymond uses
the employee database to monitor the time worked by each of its
hourly employees. While most establishments use conventional
methods for tracking time worked (such as ID badge swipes or
punch clocks), Raymond requires employees to have their facial
geometry scanned by a biometric timekeeping device. Unlike ID
badges or time cards -- which can be changed or replaced if
stolen or compromised -- facial geometry is a unique, permanent
biometric identifier associated with each employee. This exposes
Raymond employees to serious and irreversible privacy risks. For
example, if a biometric database is hacked, breached, or
otherwise exposed -- such as in the recent Equifax and Uber data
breaches -- employees have no means by which to prevent identity
theft, unauthorized tracking, and other improper or unlawful use
of this information.
Recognizing the need to protect its citizens from situations like
these, Illinois enacted the Biometric Information Privacy Act,
specifically to regulate companies that collect and store
Illinois citizens' biometrics, such as facial geometry scans.
Despite this law, Raymond disregards its employees' statutorily
protected privacy rights and unlawfully collects, stores, uses,
and disseminates their biometric data in violation of BIPA.
Raymond Management provides hospitality real estate development
services. It owns and operates hotel and motel properties in the
United States. The company was founded in 1978 and is based in
Middleton, Wisconsin.[BN]
The Plaintiff is represented by:
Halev R. Jenkins, Esq.
Ryan F. Stephan, Esq.
James B. Zouras, Esq.
Andrew C. Ficzko, Esq.
Haley R. Jenkins, Esq.
STEPHAN ZOURAS, LLP
205 N. Michigan Avenue Suite 2560
Chicago, IL 6060
Telephone: 312 233 1550
Facsimile: 312 233 1560
E-mail: rstephan@stepbanzouras.com
jzouras@stephanzouras.com
aficzko@stephanzouras.com
hjenkins@stephanzouras.com
RECOMMENDATION CONTRACTING: Melgar Seeks OT Wages under FLSA
------------------------------------------------------------
CERLIN A. OSARIO MELGAR, on behalf of himself and all others
similarly situated, the Plaintiff, v. RECOMMENDATION CONTRACTING,
INC., and RICHARD FRANCO, the Defendants, Case No. 2:18-cv-00747
(E.D.N.Y., Feb. 2, 2018), seeks to recover unpaid overtime wages,
pursuant to the Fair Labor Standards Act.
According to the complaint, Defendants employed Plaintiff as a
construction helper from April 2016 to November 2016. His work
was performed in the normal course of RC's business and was
integral to the business of RC.
The Plaintiff regularly worked 51 hours to 58.5 hours per week.
The Defendant allegedly failed to pay Plaintiff the overtime
premium of one-half times his regular rate for all hours worked
in excess of 40 hours in a workweek as required by the FLSA and
New York labor Law.
Recommendation Contracting specializes in bathroom remodeling,
kitchen remodeling, basement remodeling, home builders, and
additions work.[BN]
The Plaintiff is represented by:
Eric S. Tilton, Esq.
TILTON BELDER LLP
Telephone: (626) 629 5291
Facsimile: (631) 629 5291
E-mail: etilon@tiltonbeldner.com
SAMSUNG ELECTRONICS: Faces "McCallon" Suit in District of Utah
--------------------------------------------------------------
A class action lawsuit has been filed against Samsung Electronics
America, Inc. The case is styled as Charles D. McCallon, on
behalf of himself and all others similarly situated, Plaintiff v.
Samsung Electronics America, Inc., Samsung Electronics Co., Ltd.,
Sears Holdings Management and Sears Roebucks and Co, Defendants,
Case No. 2:18-cv-00114-EJF (D. Utah., February 5, 2018).
Samsung Electronics America, Inc. supplies consumer electronics
and digital products in the United States.[BN]
The Plaintiff appears PRO SE.
SERVICE LINK: Faces "Britton" Suit in E.D. Washington
-----------------------------------------------------
A class action lawsuit has been filed against Service Link Field
Services LLC. The case is styled as Gina L Britton, a single
woman, and on behalf of others similarly situated, Plaintiff v.
Service Link Field Services LLC formerly known as: LPS Field
Services Inc, Defendant, Case No. 2:18-cv-00041 (E.D. Wash.,
February 2, 2018).
ServiceLink Field Services is a national field service company
that offers superior property inspection, preservation and asset
registration services.[BN]
The Plaintiff is represented by:
Clay M Gatens, Esq.
Jeffers Danielson Sonn&Aylward PS
2600 Chester Kimm Road
PO Box 1688
Wenatchee, WA 98801
Tel: (509) 662-3685
Fax: (509) 662-2452
Email: clayg@jdsalaw.com
- and -
Devon A Gray, Esq.
Jeffers Danielson Sonn & Aylward PS - WEN
2600 Chester Kimm Road
P O Box 1688
Wenatchee, WA 98807-1688
Tel: (509) 662-3685
Email: DevonG@jdsalaw.com
The Defendant is represented by:
Theron A Buck, Esq.
Frey Buck PS
1200 5th Avenue, Suite 1900
Seattle, WA 98101
Tel: (206) 486-6000
Fax: (206) 902-9660
Email: tbuck@freybuck.com
SIMPLE MILLS: Faces "Sanabria" Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Simple Mills, Inc.
The case is styled as Jackie Sanabria, individually and on behalf
of all others similarly situated, Plaintiff v. Simple Mills,
Inc., Defendant, Case No. 2:18-cv-00809 (E.D. N.Y., February 6,
2018).
Simple Mills, Inc. produces and sells almond flour baking mixes.
The company offers pumpkin and banana muffin, bread, chocolate
chip cookie, chocolate muffin and cake, pancake and waffle, pizza
dough, and vanilla cake mixes. It sells its products through
stores and an online store.[BN]
The Plaintiff appears PRO SE.
SOHO HOTEL: Faces "Olsen" Suit in S.D. New York
-----------------------------------------------
A class action lawsuit has been filed against Soho Hotel Owner
LLC. The case is styled Thomas J Olsen, individually and on
behalf of all other persons similarly situated, Plaintiff v. Soho
Hotel Owner LLC doing business as: 11 Howard Hotel d/b/a/ 11
Howard Hotel, Defendant, Case No. 1:18-cv-01011 (S.D. N.Y.,
February 5, 2018).
Soho Hotel Owner LLC is in the Hotels and Motels business.[BN]
The Plaintiff is represented by:
Douglas Brian Lipsky, Esq.
Lipsky Lowe LLP
630 Third Avenue Fifth Floor
New York, NY 10017
Tel: (212) 392-4772
Fax: (212) 444-1030
Email: doug@lipskylowe.com
SOUTHCROSS ENERGY: Marshall Balks at America Midstream Merger
-------------------------------------------------------------
ADRIAN MARSHALL, Individually and on Behalf of All Others
Similarly Situated, the Plaintiff, v. SOUTHCROSS ENERGY PARTNERS,
L.P., SOUTHCROSS ENERGY PARTNERS GP, LLC, SOUTHCROSS HOLDINGS LP,
SOUTHCROSS HOLDINGS GP LLC, BRUCE A. WILLIAMSON, DAVID W.
BIEGLER, ANDREW A. CAMERON, NICHOLAS J. CARUSO, JR., JASON H.
DOWNIE, JERRY W. PINKERTON, RANDALL S. WADE, BRET M. ALLAN,
AMERICA MIDSTREAM PARTNERS, LP, and CHEROKEE MERGER SUB LLC, the
Defendants, Case No. 3:18-cv-00272-D (N.D. Tex., Feb. 2, 2018),
seeks to enjoin Defendants from proceeding with a proposed merger
transaction, and in the event that the Proposed Transaction is
consummated, the Plaintiff seeks to recover damages from the
Defendants for their breaches of fiduciary duties and from
American Midstream and its affiliates for aiding and abetting the
breaches.
The Plaintiff brings this class action on behalf of the public
unitholders of Southcross Energy Partners, L.P. against
Southcross Energy Partners GP, LLC's Board of Directors, which
manages the Company, and the Board of Directors of Southcross
Holdings GP LLC for their violations of Section 14(a) and 20(a)
of the Securities Exchange Act of 1934, arising out of the
Board's attempt to sell the Company to American Midstream
Partners, LP through its wholly-owned subsidiary Cherokee Merger
Sub LLC .
On October 31, 2017, Southcross entered into an Agreement and
Plan of Merger with American Midstream, pursuant to which
American Midstream will acquire equity interests in subsidiaries
of Southcross Holdings LP that own Southcross Energy Partners GP,
LLC, and will also acquire approximately 55% of the Company's
common units. In addition, the Company's public unitholders will
receive 0.160 common units of American Midstream for each unit of
Southcross that they hold. In total, the deal is valued at
approximately $815 million. According to Company filings,
Southcross will hold its special meeting of its unitholders on
March 27, 2018 to consider and vote upon a proposal to approve
and adopt the Merger Agreement.
On January 11, 2018, Southcross authorized the filing of a
Registration Statement on Form S-4 by American Midstream with the
SEC. The Registration Statement recommends that Southcross
unitholders vote in favor of a proposed transaction whereby
Southcross will be merged with a wholly owned subsidiary of
American Midstream.
The Registration Statement omits material information with
respect to the Proposed Transaction in violation of Sections
14(a) and 20(a) of the Exchange Act. In particular, the
Registration Statement contains materially incomplete and
misleading information concerning the sales process behind the
Proposed Transaction, financial projections prepared by the
Company's management, and the financial analyses conducted by
financial advisor Jefferies LLC. The Proposed Transaction serves
no legitimate business purpose of Southcross but rather is an
attempt by Defendants to enable American Midstream to benefit
unfairly from the transaction at the expense of the Company's
unitholders. The proposed plan will, for grossly inadequate
consideration, limit Plaintiff and the other members of the Class
their right to share proportionately in the future success of
Southcross and its valuable assets, while permitting American
Midstream to reap huge benefits from the transaction.[BN]
The Plaintiff is represented by:
Marc R. Stanley, Esq.
Martin Woodward, Esq.
Scott Kitner, Esq.
STANLEY LAW GROUP
6116 North Central Expressway, Suite 1500
Dallas, TX 75206
Telephone: (214) 443 4300
Facsimile: (214) 443 0358
E-mail: marcstanley@mac.com
mwoodward@stanleylawgroup.com
skitner@stanleylawgroup.com
- and -
Joshua M. Lifshitz, Esq.
LIFSHITZ & MILLER LLP
821 Franklin Ave, Suite 209
Garden City, NY 11530
Telephone: (516) 493 9780
Facsimile: (516) 280 7376
E-mail: jml@jlclasslaw.com
SOUTHCROSS ENERGY: Johnson Balks at American Midstream Merger
-------------------------------------------------------------
ROBERT JOHNSON, Individually and on Behalf of All Others
Similarly Situated, the Plaintiff, v. SOUTHCROSS ENERGY PARTNERS,
L.P., SOUTHCROSS ENERGY PARTNERS GP, LLC, SOUTHCROSS HOLDINGS LP,
SOUTHCROSS HOLDINGS GP LLC, BRUCE A. WILLIAMSON, DAVID W.
BIEGLER, ANDREW A. CAMERON, NICHOLAS J. CARUSO, JR., JASON H.
DOWNIE, JERRY W. PINKERTON, and RANDALL S. WADE, the Defendants,
Case No. 3:18-cv-00289-D (N.D. Tex., Feb. 5, 2018), seeks to
enjoin Defendants from holding a unitholder vote on a Proposed
Merger and from taking any steps to consummate the Proposed
Merger unless and until the material information is disclosed to
Southcross Energy's unitholders sufficiently in advance of the
vote on the Proposed Merger or, in the event the Proposed Merger
is consummated, to recover damages resulting from the Defendants'
violations of the Securities Exchange Act.
This action is brought as a class action by Plaintiff on behalf
of himself and the other public holders of the common units of
Southcross Energy Partners, L.P. against Southcross Energy and
the members of the Company's board of directors for their
violations of Sections 14(a) and 20(a) of the Securities Exchange
Act of 1934, and Securities and Exchange Commission Rule 14a-9,
17 C.F.R. 240.14a-9, in connection with the proposed merger
between Southcross Energy, and its affiliates, and American
Midstream Partners, LP and its affiliates.
On October 31, 2017, the Board caused the Company to enter into
an Agreement and Plan of Merger, pursuant to which each common
unit of Southcross Energy will be converted into the right to
receive 0.160 of a common unit of AMID. On January 10, 2018, in
order to convince Southcross Energy's unitholders to vote in
favor of the Proposed Merger, Defendants authorized the filing of
a materially incomplete and misleading Registration Statement on
form S-4 with the Securities and Exchange Commission, in
violation of Sections 14(a) and 20(a) of the Exchange Act. In
particular, the Proxy contains materially incomplete and
misleading information concerning: (i) financial projections for
both companies; (ii) the valuation analyses performed by
Southcross Energy's financial advisor, Jefferies LLC, in support
of its fairness opinion; (iii) information relating to the
Background of the Merger; and (iv) potential conflicts of
interest faced by the Jefferies and other financial advisors.
The special meeting of Southcross Energy unitholders to vote on
the Proposed Merger is scheduled for March 27, 2018. It is
imperative that the material information that has been omitted
from the Proxy is disclosed to the Company's unitholders prior to
the March 27 unitholder vote so that they can properly exercise
their corporate suffrage rights.
Southcross Energy owns, operates, develops and acquires midstream
energy assets. The Company provides natural gas gathering,
processing, treating, compression and transportation services and
natural gas liquids, and NGLs, fractionation services to its
producer customers.[BN]
The Plaintiff is represented by:
Balon B. Bradley, Esq.
BALON B. BRADLEY LAW FIRM
11910 Greenville Ave, Suite 220
Dallas, TX 75243
Telephone: (972) 991 1582
Facsimile: (972) 755 0424
E-mail: balon@bbradleylaw.com
- and -
Juan E. Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Avenue, Suite 4405
New York, NY 10118
Telephone: (212) 971 1341
Facsimile: (212) 202 7880
E-mail: jmonteverde@monteverdelaw.com
SOUTHWEST COLLECTION: Faces "Dobler" Suit in N.D. Texas
-------------------------------------------------------
A class action lawsuit has been filed against Southwest
Collection Services, LLC. The case is styled as Shonna Dobler,
a/k/a Shonna Henry, individually and on behalf of all others
similarly situated, Plaintiff v. Southwest Collection Services,
LLC, and John Does 1-25, Defendants, Case No. 3:18-cv-00268-L
(N.D. Tex., February 1, 2018).
Southwest Collection Services, LLC is a collection agency.[BN]
The Plaintiff is represented by:
Jonathan David Kandelshein, Esq.
The Law Offices of Jonathan Kandelshein
18208 Preston Rd
Suite D-9 #256
Dallas, TX 75252
Tel: (469) 677-7863
Fax: (972) 380-8118
Email: Jonathan.kandelshein@gmail.com
STANDARD INT'L: Faces "Olsen" Suit in Southern District New York
----------------------------------------------------------------
A class action lawsuit has been filed against Standard
International Management, LLC. The case is styled as Thomas J
Olsen, individually and on behalf of all other persons similarly
situated, Plaintiff v. Standard International Management, LLC,
Defendant, Case No. 1:18-cv-00923 (S.D. N.Y., February 1, 2018).
Standard International Management LLC owns and operates as a
hotel.[BN]
The Plaintiff is represented by:
Douglas Brian Lipsky, Esq.
Lipsky Lowe LLP
630 Third Avenue Fifth Floor
New York, NY 10017
Tel: (212) 392-4772
Fax: (212) 444-1030
Email: doug@lipskylowe.com
STANLEY FURNITURE: Smith Sues over Churchill Downs Merger Deal
--------------------------------------------------------------
DAVID C. SMITH, Individually and on behalf of All Others
Similarly Situated, the Plaintiff, v. STANLEY FURNITURE COMPANY,
INC., JOHN D. LAPEY, MICHAEL P. HALEY, T SCOTT MCILHENNY JR.,
JEFFREY S. GILLIAM, JUSTYN R. PUTNAM, and STEVEN A. HALE II, the
Defendants, Case No. 1:18-cv-00076 (M.D.N.C., Feb. 5, 2018),
seeks to preliminarily and permanently enjoin Defendants and
their counsel, agents, employees and all persons acting under, in
concert with, or for them, from proceeding with, consummating, or
closing a proposed merger transaction unless and until Defendants
disclose material information.
The case is class action brought by Plaintiff on behalf of
himself and other ordinary shareholders of Stanley Furniture
Company, except Defendants and their affiliates, against Stanley
and the members Stanley's board of directors for their violations
Section 14(a) and 20(a) of the Securities Exchange Act of 1934
and Securities and Exchange Commission Rule 14-a9, in connection
with the proposed asset between Stanley and Churchill Downs.
On November 20, 2017, the Board Caused the Company to enter into
an Asset Purchase Agreement with Churchill, pursuant to which,
Stanley will sell substantially all of Company's assets in
exchange for $11.5 million cash, a $4.6 million promissory note,
the assumption of substantially all of Stanley's liabilities, and
a 5% equity interest in Churchill's holding company.
On January 22, 2018, the Board caused the Company to enter into a
First Amendment to the Asset Purchase Agreement with Churchill,
pursuant to which, Stanley will sell substantially all of the
Company's assets in exchange for at least $7 million in cash, a
promissory note in a principal amount equal to the difference
between $18,369,000 and the amount of the cash, the assumption of
substantially all of Stanley's liabilities, and a 5% equity
interest in Churchill's holding company.
On January 30, 2018, the Board authorized the filling of a
materially incomplete and misleading proxy statement with the
SEC, in violation of Sections (14a) and 20(a) of the Exchange
Act.
Stanley Furniture is an American furniture manufacturer based in
High Point, North Carolina, United States.[BN]
The Plaintiff is represented by:
Juan E. Monteverde, Esq.
MONTEVERDE & ASSOACIATES
The Empire State Building
350 Fifth Avenue, Suite 4405
New York, NY 10118
Telephone: (212) 971 1341
Facsimile: (212) 202 7880
E-mail: jmonteverde@monteverde.com
- and -
Janet Ward Black, Esq.
Nancy Meyers, Esq.
WARD BLACK LAW
208 West Wendover Avenue
Greensboro, NC 27401
Telephone: (336) 510 2014
Facsimile: (336) 510 2181
E-mail: jwblack@wardblacklaw.com
STARLINE TOURS: "Pacheco" Suit Seeks PAGA Civil Penalties
---------------------------------------------------------
RUDY PACHECO, on behalf of himself and others similarly situated,
the Plaintiff, v. STARLINE TOURS USA, INC. dba STARLINE TOURS, a
California corporation; and DOES 1 to 100, Inclusive, the
Defendant, Case No. BC692813 (Cal. Super. Ct., Feb. 2, 2018),
seeks to recover civil penalties under the Private Attorneys
General Act against the Defendant for these statutory violations:
(i) Defendant's failure to provide mandated timely meal periods
and rest periods; (ii) failure to pay all wages due and owing;
(iii) failure to issue accurate, itemized wage statements to
employees; (iv) failure to pay waiting time penalties; and (v)
failure to pay all minimum/overtime wages and reimbursable
expenses, among other violations of the California Labor Code,
Wage Orders and PAGA.
Starline Tours is the oldest and best-known sightseeing company
in Los Angeles, offering Hop On Hop Off Bus Tours, Celebrity
Homes Tours, Studio Tours.[BN]
0
The Plaintiff is represented by:
Michael R. Crosner, Esq.
Zachary M. Crosner, Esq.
Alfredo Nava, Esq.
CROSNER LEGAL, PC
433 N. Camden Dr., Ste. 400
Beverly Hills, CA 90210
Telephone: (310) 496 4818
Facsimile: (310) 510 6429
E-mail: mike@crosnerlegal.com
zach@crosnerlegal.com
alfredo@crosnerlegal.com
STONE ENERGY: "Miskowiec" Suit Seeks to Enjoin Merger with Talos
----------------------------------------------------------------
ALLEN MISKOWIEC, Individually and on Behalf of All Others
Similarly Situated, the Plaintiff, v. STONE ENERGY CORPORATION,
NEAL P. GOLDMAN, JOHN "BRAD" JUNEAU, DAVID I. RAINEY, CHARLES M.
SLEDGE, JAMES M. TRIMBLE, DAVID N. WEINSTEIN, SAILFISH ENERGY
HOLDINGS CORPORATION, and TALOS ENERGY LLC, the Defendants, Case
No. 1:18-cv-00202-UNA (D. Del., Feb. 2, 2018), seeks to enjoin
Defendants from taking any steps to consummate a proposed merger
transaction with Talos Energy LLC, including filing a definitive
registration statement with the Securities and Exchange
Commission or otherwise causing a Definitive Registration
Statement to be disseminated to Stone Energy's stockholders,
unless and until material information is included in the
Definitive Registration Statement or otherwise disseminated to
Stone Energy's stockholders, and in the event the Proposed
Transaction is consummated without the material omissions
referenced below being remedied, Plaintiff seeks to recover
damages resulting from the Defendants' violations.
The Plaintiff brings this class action on behalf of the public
stockholders of Stone Energy against Stone Energy's Board of
Directors for their violations of Section 14(a) and 20(a) of the
Securities Exchange Act of 1934, arising out of the Board's
attempt to merge the Company with Talos Energy.
The lawsuit contends that the Defendants violated the Exchange
Act by causing a materially incomplete and misleading
registration statement to be filed with the Securities and
Exchange Commission on December 29, 2017 by Sailfish Energy
Holdings Corporation. The Registration Statement recommends that
Stone Energy stockholders vote in favor of a proposed transaction
whereby Stone Energy will merge with Sailfish Merger Sub
Corporation, with both Stone Energy and Talos becoming
subsidiaries of New Talos.
The Proposed Transaction was first disclosed on November 21,
2017, when Stone Energy and Talos announced that they had entered
into a definitive merger agreement pursuant to which all the
outstanding shares of common stock of Stone Energy will be
exchanged for shares of New Talos. Stone Energy stockholders will
own 37% of the combined company, which is expected to have an
enterprise value of approximately $2.5 billion.
The Board started the process of selling the Company within weeks
of emerging from bankruptcy, failing to give the Company time to
determine the success of its reorganization. Instead, the Board
determined to merge with Talos by July 1, 2017, just four months
after announcing that it had emerged from bankruptcy.
The lawsuit alleges that the company's board, in its haste to
find a transaction, agreed to a transaction that undervalues the
Company and gives greater ownership to Talos's stockholders.
Petrie Partners Securities, LLC, Stone Energy's financial
advisor, found an implied equity ownership range as high as 52%
for the Company, 15 points higher than the equity ownership
agreed to by the Board.
Furthermore, the Registration Statement is materially incomplete
and contains misleading representations and information in
violation of Sections 14(a) and 20(a) of the Exchange Act.
Specifically, the Registration Statement contains materially
incomplete and misleading information concerning the sales
process, financial projections prepared by Stone Energy
management, as well as the financial analyses conducted by
Petrie.
The Stone Energy Corporation is an American oil and gas
corporation based in Lafayette, Louisiana, USA. It is listed on
the New York Stock Exchange.[BN]
The Plaintiff is represented by:
Ryan M. Ernst, Esq.
Daniel P. Murray, Esq.
O'KELLY ERNST & JOYCE, LLC
901 N. Market St., Suite 1000
Wilmington, DE 19801
Telephone: (302) 778 4000
E-mail: rernst@oelegal.com
dmurray@oelegal.com
- and -
Shane T. Rowley, Esq.
Danielle Rowland Lindahl, Esq.
ROWLEY LAW PLLC
50 Main Street, Suite 1000
White Plains, NY 10606
Telephone: (914) 400 1920
Facsimile: (914) 301 3514
SUB-ZERO GROUP: Faces "Bishop" Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Sub-Zero Group
East, LLC. The case is styled as Cedric Bishop, on behalf of
himself and all others similarly situated, Plaintiff v. Sub-Zero
Group East, LLC, Defendant, Case No. 1:18-cv-00975 (S.D. N.Y.,
February 4, 2018).
Sub-Zero Group East, LLC is a privately held company in Pine
Brook, NJ. Categorized under Wholesale Refrigerators and
Freezers.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
Joseph H. Mizrahi Law, P.C.
337 Avenue W, Suite 2f
Brooklyn, NY 11223
Tel: (917) 299-6612
Fax: (347) 665-1545
Email: jmizrahilaw@gmail.com
SWEETWORKS CONFECTIONS: Faces "Green" Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Sweetworks
Confections, LLC. The case is styled as Dominique Green, on
behalf of herself and others similarly situated, Plaintiff v.
Sweetworks Confections, LLC, Defendant, Case No. 7:18-cv-00902
(S.D. N.Y., February 1, 2018).
SweetWorks Confections, LLC is a candy and chocolate manufacturer
headquartered in Buffalo, New York.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Lee Litigation Group, PLLC
30 East 39th Street
2nd Floor
New York, NY 10016
Tel: (212) 465-1188
Fax: (212) 465-1181
Email: cklee@leelitigation.com
SYNCHRONY BANK: Faces "Mott" Suit in M.D. Florida
-------------------------------------------------
A class action lawsuit has been filed against Synchrony Bank. The
case is styled as Barbara Mott, on behalf of herself and all
others similarly situated, Plaintiff v. Synchrony Bank,
Defendant, Case No. 8:18-cv-00275-MSS-AAS (M.D. Fla., February 2,
2018).
Synchrony Bank is a wholly owned subsidiary of Synchrony
Financial, a consumer financial services company headquartered in
Stamford, Connecticut, United States offering consumer financing
products, including credit, promotional financing and loyalty
programs, installment lending, and FDIC insured savings
products.[BN]
The Plaintiff is represented by:
Adrienne D. McEntee, Esq.
Terrell Marshall Law Group PLLC
936 N 34th St Ste 300
Seattle, WA 98103-8869
Tel: (206) 816-6603
Fax: (206) 319-5450
- and -
Beth E. Terrell, Esq.
Terrell, Marshall, Daudt & Willie, PLLC
936 N 34th St, Suite 300
Seattle, WA 98103-8869
Tel: (206) 816-6603
Fax: (206) 350-3528
Email: bterrell@terrellmarshall.com
- and -
Robert W. Murphy, Esq.
Law Office of Robert W. Murphy
1212 SE 2nd Ave
Ft Lauderdale, FL 33316
Tel: (954) 763-8660
Fax: (954) 763-8607
Email: rphyu@aol.com
TRADER JOE'S: "Cesta" Suit Moved to Central Dist. of California
---------------------------------------------------------------
The class action lawsuit titled JESSICA CESTA, individually and
on behalf of all others similarly situated, the Plaintiff, v.
TRADER JOE'S COMPANY, and DOES 1 through 10, inclusive, the
Defendants, Case No. BC689087, was removed from the Los Angeles
County Superior Court, to the U.S. District Court for the Central
District of California. The Clerk for the District Court for the
Central District of California assigned Case No. 2:18-cv-00895-
DMG-RAO to the proceeding.
Trader Joe's is an American chain of grocery stores based in
Monrovia, California, owned by a German private equity family
trust. By 2015, it was a competitor in "fresh format" grocery
stores in the United States.[BN]
The Plaintiff is represented by:
Dawn Sestito, Esq.
R. Collins Kilgore, Esq.
O'MELVENY & MYERS LLP
400 South Hope Street 18th Floor
Los Angeles, CA 90071-2899
Telephone: +1 213 430 6000
Facsimile: +1 213 430 6407
E-mail: dsestito@omm.com
ckilgore@omm.com
TRANS UNION: Faces "Walsh" Suit in Middle District Florida
----------------------------------------------------------
A class action lawsuit has been filed against Trans Union, LLC.
The case is styled as Edward J. Walsh, Jr., on behalf of himself
and all similarly situated individuals, Plaintiff v. Trans Union,
LLC, Defendant, Case No. 6:18-cv-00166-PGB-KRS (M.D. Fla.,
February 2, 2018).
Transunion offers total credit protection all in one place from
credit score, credit report and credit alert.[BN]
The Plaintiff is represented by:
Andrew J. Guzzo, Esq.
Kelly & Crandall, PLC
3925 Chain Bridge Rd Ste 202
Fairfax, VA 22030
Tel: (703) 424-7572
Fax: (703) 591-0167
Email: aguzzo@kellyandcrandall.com
- and -
Brian W. Warwick, Esq.
Varnell & Warwick, PA
P.O. Box 1870
Lady Lake, FL 32158
Tel: (352) 753-8600
Fax: (352) 753-8606
Email: bwarwick@varnellandwarwick.com
- and -
Casey S. Nash, Esq.
Kelly & Crandall, PLC
3925 Chain Bridge Rd Ste 202
Fairfax, VA 22030
Tel: (703) 424-7570
Fax: (703) 591-0179
Email: casey@kellyandcrandall.com
- and -
Craig C. Marchiando, Esq.
Consumer Litigation Associates P.C.
763 J Clyde Morris Blvd Ste 1-A
Newport News, VA 23601
Tel: (757) 930-3660
Fax: (757) 930-3662
Email: craig@clalegal.com
- and -
David K. Lietz, Esq.
Varnell & Warwick, PA
P.O. Box 1870
Lady Lake, FL 32158
Tel: (352) 753-8600
Email: dlietz@varnellandwarwick.com
- and -
E. Michelle Drake, Esq.
Berger & Montague, PC
43 SE Main Street, Suite 505
Minneapolis, MN 55414
Tel: (612) 594-5999
Fax: (215) 875-5704
Email: emdrake@bm.net
- and -
Elizabeth W. Hanes, Esq.
Consumer Litigation Associates P.C.
763 J Clyde Morris Blvd Ste 1-A
Newport News, VA 23601
Tel: (757) 930-3660
Fax: (757) 930-3662
Email: elizabeth@clalegal.com
- and -
Janet R. Varnell, Esq.
Varnell & Warwick, PA
P.O. Box 1870
Lady Lake, FL 32158
Tel: (352) 753-8600
Fax: (352) 753-8606
Email: jvarnell@varnellandwarwick.com
- and -
John Albanese, Esq.
Berger & Montague, PC
43 SE Main Street, Suite 505
Minneapolis, MN 55414
Tel: (612) 594-5999
Fax: (215) 875-5704
Email: jalbanese@bm.net
- and -
Kristi Cahoon Kelly, Esq.
Kelly & Crandall, PLC
3925 Chain Bridge Rd Ste 202
Fairfax, VA 22030
Tel: (703) 424-7570
Fax: (703) 591-0167
Email: kkelly@kellyandcrandall.com
- and -
Leonard A. Bennett, Esq.
Consumer Litigation Associates P.C.
763 J Clyde Morris Blvd Ste 1-A
Newport News, VA 23601
Tel: (757) 930-3660
Fax: (757) 930-3662
Email: lenbennett@clalegal.com
TRINITY' WESTCOM: Fails to Pay OT & Minimum Wages, Mendoza Says
---------------------------------------------------------------
Kevin Mendoza, individually, and on behalf all others similarly
situated, the Plaintiff, v. Trinity' Westcom Inc.; CSP Fiber
Services, and Does 1 to 100, inclusive, the Defendants, Case No.
BC692859 (Cal. Super. Ct., Feb. 5, 2018), seeks to recover
overtime and minimum wages under the California Labor Code.
According to the complaint, the Defendants did not compensate
Plaintiff and the Class and Subclass Members as required by
sections 201 and/or 202 of the California Labor Code, as the
final paycheck Plaintiff received did not fully compensate
Plaintiff, as Defendants failed to pay overtime to Plaintiff for
hours worked in excess of eight per day.[BN]
The Plaintiff is represented by:
Alan Harris, Esq.
David Garrett, Esq.
HARRIS & RUBLE
655 North Central Avenue, 17h Floor
Glendale, CA 91203
Telephone: 323 962 3777
Facsimile: 323 962 3004
- and -
Daniel Forouzan, Esq.
FOROUZAN LAW
2029 Century Park East, Suite 400 ,
Los Angeles CA 90067
Telephone: 888.551 0163
Facsimile: 888 710 0039
TRUE FRESH: Fails to Pay Minimum Wages & Overtime under FLSA
------------------------------------------------------------
GUADALUPE ALTAMIRANO, individually and on behalf of all others
similarly situated, the Plaintiff, v. TRUE FRESH HPP, LLC, dba
TRUE FRESH FOOD COMPANY, a Delaware Limited Liability Company,
and DOES 1-50, inclusive, the Defendant, Case No. BC692478 (Cal.
Super. Ct., Feb. 2, 2018), seeks minimum wages and overtime under
the California Labor Code.
The Plaintiff was employed by Defendants in March 2017, at
Defendant's Buena Park facility, as a Non-Exempt Production
Employee, with the title of packaging and machine attendant,
performing duties relating to Defendants' organic food processing
and packaging business until her separation from Defendant's
employ in approximately September 2017.[BN]
Attorneys for Plaintiff Gerardo Soto, individually and on behalf
of all others similarly situated:
James R. Hawkins, Esq.
Gregory Mauro, Esq.
Michael Calvo, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, California 92618
Telephone: (949) 387 7200
Facsimile: (949) 387 6676
E-mail: James@jameshawkinsaplc.com
Greg@jameshawkinsaplc.com
US SECURITY: "Parker" Suit Moved to Eastern District of Arkansas
----------------------------------------------------------------
The class action lawsuit titled George Parker, Aretha Baker,
Brittney Sharkey, Jerry Terry, Carolyn Tucker, Veronica Turner,
Janice Williams, and Sharletta Lambert, Individually and on
behalf of all others similarly situated, the Plaintiffs, v. US
Security Associates Inc., the Defendants, Case No. 60CV-18-00108,
was removed from the Pulaski County Circuit Court, to the U.S.
District Court for the Eastern District of Arkansas (Little Rock)
on Feb. 5, 2018. The case is assigned to the Hon. Judge Billy Roy
Wilson. The Eastern District of Arkansas Court Clerk assigned
Case No. 4:18-cv-00100-BRW to the proceeding.[BN]
The Plaintiffs are represented by:
Jerry D. Garner, Esq.
John Holleman, Esq.
Timothy A. Steadman, Esq.
HOLLEMAN & ASSOCIATES, P.A.
1008 West 2nd Street
Little Rock, AR 72201
Telephone: (501) 975 5040
E-mail: jerry@johnholleman.net
jholleman@johnholleman.net
tim@johnholleman.net
The Defendant is represented by:
Frank L. Day, Esq.
Robbin W. Hutton, Esq.
FORDHARRISON LLP
1715 Aaron Brenner Drive, Suite 200
Memphis, TN 38120
Telephone: (901) 291 1529
Facsimile: (901) 291 1501
E-mail: fday@fordharrison.com
rhutton@fordharrison.com
USCB INC: Faces "Black" Suit in Northern District California
------------------------------------------------------------
A class action lawsuit has been filed against USCB, Inc. The case
is styled as Alicia Black, individually and on behalf of all
others similarly situated, Plaintiff v. USCB, Inc., Defendant,
Case No. 5:18-cv-00716 (N.D. Cal., February 1, 2018).
USCB, Inc., doing business as USCB America, provides accounts
receivable and resource management services.[BN]
The Plaintiff appears PRO SE.
VISTA COVE: Underpays Caregivers, "Vasquez" Suit Alleges
--------------------------------------------------------
JESSICA VASQUEZ, individually and on behalf of other individuals
similarly situated, the Plaintiff, v. VISTA COVE AT ARCADIA,
INC., a California Corporation; VISTA COVE CARE CENTER AT CORONA,
INC., a California Corporation; VISTA COVE AT CORONA, INC., a
California Corporation; VISTA COVE CARE CENTER AT LONG BEACH,
INC., a California Corporation; VISTA COVE AT RANCHO MIRAGE,
INC., a California Corporation; VISTA COVE CARE CENTER AT RIALTO,
INC., a California Corporation; VISTA COVE CARE CENTER AT SAN
GABRIEL, INC., a California Corporation; VISTA COVE AT SAN
GABRIEL, INC., a California Corporation; VISTA COVE CARE CENTER
AT SANTA PAULA, INC., a California Corporation; FLOYD RHOADES, an
individual; and DOES 1 through 25, inclusive, the Defendants,
Case No. BC692487 (Cal. Super. Ct., Feb. 5, 2018), seeks to
recover compensation for all hours worked in violation of
Industrial Welfare Commission Order no. 5 and California Labor
Code.
Plaintiff alleges that Vista Cove failed to pay for all of her
overtime wages. Plaintiff's overtime hours were miscalculated or
omitted, and had been paid arbitrarily. Plaintiff was never paid
at double time Plaintiffs rate of pay, for her shifts of more
than 12 hours per day.
Plaintiff was initially paid $12.50 per hour and had her pay
increased to $13.00 per hour for approximately the last three
months of her employment with Defendants. The Plaintiff was
required to work at least more than 45 hours per week on average
for Vista Cove, and was frequently required to work for up to 100
hours per two weeks' pay cycle. During her shift, she was
assigned to about 30 patients, with one other caregiver, and
sometimes without.
The Plaintiff noticed her timecards show missing hours, about
8 hours per paycheck. She complained about it to her supervisor,
Noemi R. Biely, about not getting all of her hours being paid.
To calculate the missing hours, Plaintiff requested Ms. Biely for
more of her timecards, but Ms. Biely refused to produce
Plaintiff's time records.[BN]
The Plaintiff is represented by:
Young W. Ryu, Esq.
Jesse Yanco, Esq.
Gianna N. Liddy, Esq.
LOYR, APC
3130 Wilshire Blvd. Suite 402
Los Angeles, CA 90010
Telephone: (888) 365 8686
Facsimile: (800) 576 1170
E-mail: young.ryu@loywr.com
jesse.yanco@loywr.com
gianna.liddy@loywr.com
WAKEFIELD & ASSOCIATES: Faces "Velez" Suit in S.D. of Florida
-------------------------------------------------------------
A class action lawsuit has been filed against Wakefield &
Associates, Inc. The case is styled as Joel Velez, individually
and on behalf of all others similarly situated, Plaintiff v.
Wakefield & Associates, Inc., Defendant, Case No. 1:18-cv-20453-
MGC (S.D. Fla., February 6, 2018).
Wakefield & Associates, Inc. is a debt collection agency.[BN]
The Plaintiff is represented by:
Craig B Sanders, Esq.
SANDERS LAW, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Tel: (516) 203-7600
Fax: (516) 281-7601
Email: csanders@sanderslawpllc.com
WILLIAMS-SONOMA: Ayala Seeks Unpaid Wages & OT Pay
--------------------------------------------------
RUDOLFO AYALA on behalf of himself, all others similarly
situated, and on behalf of the general public, the Plaintiff, v.
WILLIAMS-SONOMA, INC.: and 15 DOES 1-100, the Defendants, Case
No. BC692815 (Cal. Super. Ct., Feb. 2, 2018), seeks to recover
unpaid compensation and overtime pay under California Labor Code.
This action is brought on behalf of Plaintiff and all other
aggrieved employees of Defendant and/or Does who were not paid
compensation for all time worked at the straight or overtime
rate; worked a shift of at least five hours without receiving a
meal period; worked four hours, or a major fraction thereof,
without receiving a ten (10) minute net rest break; were not
provided accurate itemized wage statements; were not provided
paid sick days for all hours worked; were not paid wages due upon
termination; were not paid waiting time penalties; and were not
paid all wages owed twice per month.
Williams-Sonoma, Inc., is an American publicly traded consumer
retail company that sells kitchenwares and home furnishings. It
is headquartered in San Francisco, California, United States.[BN]
The Plaintiff is represented by:
William Turley, Esq.
David Mara, Esq.
Jamie Serb, Esq.
Tony Roberts, Esq.
THE TURLEY & MARA LAW FIRM, APLC
7428 Trade Street
San Diego, CA 92121
Telephone: (619) 234 2833
Facsimile: (619) 234 4048
YO FRESH: Faces "Fischler" Suit in S.D. New York
------------------------------------------------
A class action lawsuit has been filed against Yo Fresh, Inc. The
case is styled as Brian Fischler, Individually and on behalf of
all other persons similarly situated, Plaintiff v. Yo Fresh, Inc.
d/b/a 16 Handles, Defendant, Case No. 1:18-cv-00974 (S.D. N.Y.,
February 4, 2018).
Yo Fresh, Inc. is an American brand of self-serve frozen yogurt
restaurants headquartered in New York City.[BN]
The Plaintiff is represented by:
Douglas Brian Lipsky, Esq.
Lipsky Lowe LLP
630 Third Avenue Fifth Floor
New York, NY 10017
Tel: (212) 392-4772
Fax: (212) 444-1030
Email: doug@lipskylowe.com
ZWICKER & ASSOCIATES: Faces "Cafison" Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Zwicker &
Associates, P.C. The case is styled as Stefano Cafiso, on behalf
of himself and all others similarly situated, Plaintiff v.
Zwicker & Associates, P.C., Defendant, Case No. 1:18-cv-00750
(E.D. N.Y., February 2, 2018).
Zwicker & Associates, P.C. is a law firm whose primary business
function is debt collection.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
Joseph H. Mizrahi Law, P.C.
337 Avenue W, Suite 2f
Brooklyn, NY 11223
Tel: (917) 299-6612
Fax: (347) 665-1545
Email: jmizrahilaw@gmail.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
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Adala, Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche
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Patalinghug, and Peter A. Chapman, Editors.
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