/raid1/www/Hosts/bankrupt/CAR_Public/180326.mbx
C L A S S A C T I O N R E P O R T E R
Monday, March 26, 2018, Vol. 20, No. 61
Headlines
8772 MEAT CORP: Accused by Meza of Not Paying Minimum & OT Wages
29STUDIOS.US: Accused by "Curtis" TCPA Suit of Invading Privacy
ACADEMY LTD: "Lasley" Suit Transferred to S.D. Tex.
ACUITY BRANDS: Faces "Gray" Suit Over Misleading Fin'l Reports
APPLE INC: "Bond" Sues Over Undisclosed iOS Upgrade Bug
ARKANSAS: Bargo Appeals E.D. Arkansas Ct. Ruling to 8th Circuit
BALTIMORE SUN: Faces "Sullivan" Suit S.D. New York
BILL BARRETT: "Connor" Suit Seeks to Halt Merger Deal
BUMP BOXES: Faces "Lira" Suit in C.D. California
CAREY LIMOUSINE: Sued in N.Y. Over Blind-Inaccessible Website
CAVALRY PORTFOLIO: Faces "Rabuffo" Suit in E.D. New York
CDK GLOBAL: Baystate Ford Files Anti-trust Suit in N.D. Ill.
CELLCO PARTNERSHIP: Faces "Adell" Suit in N.D. Ohio
CHICAGO, IL: Petition for Writ of Certiorari Filed in "Allen"
CHICAGO TRIBUNE: Faces "Sullivan" Suit in S.D. New York
CLEANWEAR USA: Faces "Cegueda-Juarez" Suit over Failure to Pay OT
COCO-MAT USA: Faces "Conner" Suit in S.D. New York
CONSOLIDATED COMMUNICATIONS: Suit Seeks to Recover Unpaid Wages
CRESTLINE HOTELS: Faces "Colburn" Suit in D. Maryland
DIGITAL INTELLIGENCE: "Calhoun" and "Berrellez" Ruling Appealed
DIRECTV: Faces "Jantos" Suit in W.D. Washington
DUKE UNIVERSITY: Seeks 4th Cir. Review of Ruling in "Seaman" Suit
DYNAMIC RECOVERY: Faces "Oh" Suit in E.D. New York
EMERGING VISION: Faces "DiCarlo" Suit in S.D. New York
FIRSTSOURCE ADVANTAGE: Faces "Davis" Suit in E.D. New York
GAUGHAN SOUTH: "Falcone" Sues Over Excessive Internet Tax
GAZELLE TRANSPORTATION: Faces "Mendez" Suit in Cal. Superior Ct.
GENESIS CALIFORNIA: "De La Pena" Suit Seeks Damages
GEICO: Faces "Rosenberg" Suit in S.D. Florida
GERBER LIFE INSURANCE: Faces "Thorne" Suit in S.D. New York
GET IT NOW: Seeks Eighth Circuit Review of Order in "Chavez" Suit
GIBBONS & WHEELAN: Faces "Campos" Suit in Cal. Superior Court
GREAT AMERICAN: Faces "Thorne" Suit in S.D. New York
GUSTECH COMMUNICATIONS: Doesn't Properly Pay Employees, Suit Says
HALSTED FINANCIAL: Faces "Razilova" Suit in E.D. New York
HANOVER INSURANCE: Faces "Thorne" Suit in S.D. New York
HARTFORD FINANCIAL: Faces "Thorne" Suit in S.D. New York
HDME GROUP: "Naya" Suit Seeks to Recover Overtime Under FLSA
HELIX TCS: "Kenney" Suit Brought Before 10th Cir.
HF MANAGEMENT: Faces "Thorne" Suit in S.D. New York
IMPERIAL MARBLE: Faces "Olson" Suit in N.D. Illinois
JB HUNT: Petition for Writ of Certiorari Filed in "Ortega" Case
JOHNSON & JOHNSON: "Hall" Hits Share Price Drop Over Talc Scandal
JOSEPH K. JONES: Mann Appeals Order in "Winters" to Third Circuit
JOSEPH K. JONES: Marcus Appeals Ruling in "Winters" to 3rd Cir.
KEMET CORP: Five Rivers Suit Alleges Inductor Price-fixing
LIBERTY MUTUAL: Appeals Decision in "Schiff" Suit to 9th Circuit
LTD FINANCIAL: Faces "Olender" Suit in E.D. New York
MACKENZIE-CHILDS: Faces "Kiler" Suit in E.D. New York
MALIN + GOETZ: Faces "Conner" Suit in S.D. New York
MARRIOTT INTERNATIONAL: Faces "Colburn" Suit in Maryland
MASSACHUSETTS MUTUAL: "Bachi" Appeals Insurance Breach Suit
METROPOLITAN LIFE: Faces "Thorne" Suit in S.D. New York
MIDLAND CREDIT: Faces "Tarazon" Suit in S.D. Texas
MK 32 RESTAURANT: Sued by Tucubal for Not Paying Minimum Wage, OT
MOSAIC SALES: "Burdoucci" Suit Seeks to Recover Overtime Pay
MTA NEW YORK: "Brack" Suit Seeks Unpaid Overtime Wages
MULLEN & IANNARONE: Faces "Romero" Suit in E.D. New York
MUTUAL OF AMERICA: Faces "Thorne" Suit in S.D. New York
NETVOICE OF MISSISSIPPI: Fails to Pay Workers OT, Action Claims
NEUTRON HOLDINGS: Alcantara Files Suit Over Telemarketing Calls
NEW YORK, NY: Clark Files Class Suit in S.D.N.Y.
NEW YORK LIFE: Faces "Thorne" Suit in S.D. New York
NEW YORK MEDIA: Faces "Sullivan" Suit in S.D. New York
NORTHSTAR MEMORIAL: NSMG Removes "Uschold" Suit to N.D. Calif.
OASIS LEGAL: Appeals Dismissal Order in "Davis" Suit to 11th Cir.
OXFORD HEALTH: Overcharges Cost of Drugs, "Mohr-Lercara" Claims
PENNSYLVANIA HIGHER: Faces "Keegan" Suit in E.D. Pennsylvania
PERUVIAN CONNECTION: Faces "Marett" Suit in S.D. New York
RADAR ONLINE: Faces "Sullivan" Suit in S.D. New York
REBBL INC: Faces "Richburg" Suit in E.D. New York
RTX WIRELINE: Does Not Properly Pay Employees, "Chavez" Suit Says
RUBY TUESDAY: Faces "Bluestone" Suit Over False Proxy Statement
SBS TRUST: Faces "Smith" Suit in C.D. California
SCANA CORPORATION: City of Warren Class Suit Removed to D.S.C.
SEARS HOLDINGS: Faces "Moss" Suit in E.D. New York
SIMM ASSOCIATES: Faces "Roscoe" Suit in C.D. California
STANAN MANAGEMENT: Faces "Flores" Suit in E.D. New York
STONE ENERGY: Franchi Files Suit Over Merger with Talos Energy
SUPER MICRO: "Hessefort" Hits Share Drop from Accounting Errors
SYSTEM ONE HOLDINGS: Denied Employees OT Pay, "Hobbs" Suit Says
TOMPKINS FINANCIAL: Faces "Delacruz" Suit in S.D. New York
TRAVELERS: Faces "Krpekyan" Suit in C.D. California
TRW AUTOMOTIVE: Seeks 6th Cir. Review of Order in UAW ERISA Suit
UNITED HEALTHCARE: Faces "Hernandez" Suit in C.D. California
VIVINT SOLAR: Ninth Circuit Appeal Filed in "Del Llano" Suit
WASHINGTON: Carey Files Class Action in W.D. Wash.
WASHINGTON: Danielson Files Class Action in W.D. Wash.
WAYPOINT RESOURCE: "Christian" Disputes Collection Letter
WYNN RESORTS: Faces "Ferris" Suit Over Misleading Company Reports
*********
8772 MEAT CORP: Accused by Meza of Not Paying Minimum & OT Wages
----------------------------------------------------------------
VIOLETA MEZA, individually and on behalf of others similarly
situated v. 8772 MEAT CORP. (d/b/a KEY FOOD), AZZAM OBEID (a.k.a.
SAM), and SEARS DOE, Case No. 1:18-cv-01022 (E.D.N.Y., February
16, 2018), is brought for alleged unpaid minimum and overtime
wages pursuant to the Fair Labor Standards Act of 1938 and the
New York Labor Law.
8772 Meat Corp., doing business as Key Food, is a domestic
corporation organized and existing under the laws of the state of
New York and maintains its principal place of business in
Brooklyn. The Individual Defendants serve or served as owners,
managers, principals, or agents of the Defendant Corporation.
The Defendants own, operate, or control a supermarket, located at
8772 18th Avenue, in Brooklyn, New York, under the name "Key
Food."[BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
E-mail: Faillace@employmentcompliance.com
29STUDIOS.US: Accused by "Curtis" TCPA Suit of Invading Privacy
---------------------------------------------------------------
ROBERT CURTIS, individually and on behalf of all others similarly
situated v. 29STUDIOS.US; DOES 1 through 10, inclusive, Case No.
2:18-cv-01362 (C.D. Cal., February 19, 2018), accuses the
Defendants of negligently, knowingly and willfully contacting the
Plaintiff on his cellular telephone in violation of the Telephone
Consumer Protection Act, thereby, invading his privacy.
29STUDIOS.US is a company in the business of selling and
marketing credit services. The true names and capacities of the
Doe Defendants are currently unknown to the Plaintiff.[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Meghan E. George, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
E-mail: tfriedman@toddflaw.com
mgeorge@toddflaw.com
abacon@toddflaw.com
ACADEMY LTD: "Lasley" Suit Transferred to S.D. Tex.
---------------------------------------------------
The case captioned Allan Lasley, Plaintiff, v. Academy, Ltd
(d/b/a Academy Sports + Outdoors), Defendants, Case No. 17-cv-
00897, (E.D. Tex., December 29, 2017), was transferred to the
U.S. District Court for the Southern District of Texas (Houston)
under Case No. 18-cv-00347, on February 7, 2018.
The lawsuit seeks to recover overtime compensation for Lasley and
similarly situated individuals who have worked as Assistant
Managers, including Hardlines Managers, Softlines Managers,
Logistics Managers, or Operations Managers for Academy Sports +
Outdoors, which operates over 230 sports and outdoor equipment
retail stores across the United States. [BN]
Plaintiff is represented by:
Camar R. Jones, Esq.
Gregg I. Shavitz, Esq.
Shavitz Law Group, PA
Alan Luis Quiles, Esq.
1515 S. Federal Highway, Suite 404
Boca Raton, FL 33432
Tel: (561) 447-8888
Fax: (561) 447-8831
Email: cjones@shavitzlaw.com
gshavitz@shavitzlaw.com
aquiles@@shavitzlaw.com
Academy Ltd. is represented by:
Brian Glenn Patterson, Esq.
Courtney Leigh Stahl, Esq.
AKIN GUMP STRAUSS HAUER & FELD LLP - Houston
1111 Louisiana, 44th Floor
Houston, TX 77002
Tel: (713) 250-2214
Fax: (713) 236-0822
Email: cstahl@akingump.com
ACUITY BRANDS: Faces "Gray" Suit Over Misleading Fin'l Reports
--------------------------------------------------------------
Thaddeus A. Gray, individually and on behalf of all others
similarly situated v. Acuity Brands, Inc., Vernon J. Nagel and
Richard K. Reece, Case No. 1:18-cv-00285-UNA (D. Del., February
20, 2018), alleges that the Defendants failed to disclose
material adverse facts about the Company's financial well-being,
business relationships, and prospects. Specifically, the
Defendants: (i) concealed known trends negatively impacting sales
of the Company's products; and (ii) overstated the Company's
ability to achieve profitable sales growth.
Acuity Brands, Inc. is a provider of lighting and building
management solutions for commercial, institutional, industrial,
infrastructure, and residential applications. [BN]
The Plaintiff is represented by:
P. Bradford deLeeuw, Esq.
ROSENTHAL, MONHAIT & GODDESS, P.A.
919 N. Market Street, Suite 1401
Wilmington, DE 19801
Telephone: (302) 656-4433
Facsimile: (302) 658-7567
E-mail: bdeleeuw@rmgglaw.com
APPLE INC: "Bond" Sues Over Undisclosed iOS Upgrade Bug
-------------------------------------------------------
Jennifer Bond, David Haury, Alberto R. Marzana, John Rufty, III,
Ryan Young and Elisa Gaudio, individually and on behalf of others
similarly situated, Plaintiff, v. Apple Inc., Defendant, Case No.
18-cv-00833, (N.D. Ala., February 7, 2018), seeks monetary
damages, including but not limited to, compensatory, incidental,
and consequential damages, punitive damages, attorney fees and
costs incurred by counsel for Plaintiffs in accordance with
California's Unfair Competition Law and California's False
Advertising Law and the Magnuson-Moss Warranty Act.
Apple allegedly failed to inform consumers that updating their
iPhone 6, 6S, SE or 7 to iOS 10.2.1 (and/or later to iOS 11.2)
would dramatically and artificially reduce the performance of
these devices. Apple also failed to inform consumers that phone
performance would be restored by simply replacing the phone's
lithium-ion battery, a much cheaper solution than buying a new
phone.
iPhone users reported sudden shutdowns of iPhones 5 and 6 running
versions of iOS 10 software. In February of 2017, Apple claimed
that it had almost entirely resolved the issue in its latest
10.2.1 iOS update, however users still complained of slow
devices.
Defendant is a manufacturer of smartphones under the trade name
"iPhone." [BN]
Plaintiff is represented by:
Kenneth C. Johnston, Esq.
Robert W. Gifford, Esq.
1717 Main Street, Suite 3000
Dallas, TX 75201
Telephone: (214) 974-8000
Facsimile: (972) 474-1750
Email: kjohnston@johnstonpratt.com
rgifford@johnstonpratt.com
- and -
Christopher D. Sullivan, Esq.
DIAMOND McCARTHY LLP
150 California Street, Suite 2200
San Francisco, CA 94111
Telephone: (415) 692-5200
Email: csullivan@diamondmccarthy.com
ARKANSAS: Bargo Appeals E.D. Arkansas Ct. Ruling to 8th Circuit
---------------------------------------------------------------
Jerome Allen Bargo filed an appeal from a court ruling entered in
the lawsuit entitled Jerome Bargo, et al. v. Wendy Kelley, et
al., Case No. 5:14-cv-00393-KGB, in the U.S. District Court for
the Eastern District of Arkansas - Pine Bluff.
Wendy Kelley is the Director of the Arkansas Department of
Correction.
The nature of suit is stated as prison condition.
The appellate case is captioned as Jerome Bargo, et al. v. Wendy
Kelley, et al., Case No. 18-1340, in the United States Court of
Appeals for the Eighth Circuit.
The Originating court document filed by the Appellant consists of
a notice of appeal, docket entries, Revised Proposed Findings &
Recommendations dated October 3, 2016, Order and Judgment both
dated February 27,2017, Order dated August 31, 2017, and Order
dated February 15, 2018.
Plaintiff-Appellant Jerome Allen Bargo, ADC #75423 and all other
similarly situated inmates, of Varner Correctional Facility, in
Grady, Arkansas, appears pro se.
The other Plaintiffs are Marion Gene Westerman, ADC #121452, and
Robert Harold Munnerlyn, ADC #86196.
The other Defendants are Wendy Kelley, Director, Arkansas
Department of Correction; Randall Watson, Warden, Varner Unit;
Raymond Naylor, Disciplinary Hearing Administrator, ADC; Thomas
Roland, Internal Affairs Officer, ADC; Gladys Evans, Supervisor,
Varner Unit Library; and Ojiugo Iko, Doctor, Corizon Inc.
The briefing schedule in the Appellate Case is set as follows:
-- The appendices required by 8th Circuit Rule 30A shall not
be required;
-- Brief of Appellant Jerome Allen Bargo is due on March 28,
2018;
-- Appellee brief is due 30 days from the date the Court
issues the Notice of Docket Activity filing the brief of
appellant;
-- Appellant reply brief is due 14 days from the date the
court issues the Notice of Docket Activity filing the
appellee brief.[BN]
Defendants-Appellees Jeremy Andrews, Deputy Warden, Varner Unit;
Keith Waddle, Disciplinary Hearing Officer, ADC; and Jimmy
Phillips, Correctional Captain, Varner Unit Field Utility and Hoe
Squad, are represented by:
Christine Ann Cryer, Esq.
ASSISTANT ATTORNEY GENERAL
ATTORNEY GENERAL'S OFFICE
200 Catlett-Prien Building
323 Center Street
Little Rock, AR 72201-0000
Telephone: (501) 682-2007
E-mail: christine.cryer@arkansasag.gov
BALTIMORE SUN: Faces "Sullivan" Suit S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against The Baltimore Sun
Company, LLC. The case is styled as Phillip Sullivan Jr., on
behalf of himself and all others similarly situated, Plaintiff v.
The Baltimore Sun Company, LLC, Defendant, Case No. 1:18-cv-02421
(S.D. N.Y., March 19, 2018).
The Baltimore Sun, which is owned by Tribune Co. and serves as
the flagship of the Baltimore Sun Media Group, is Maryland's
largest daily news organization, reaching more than 1 million
readers each week from across the state in print and online.[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
BILL BARRETT: "Connor" Suit Seeks to Halt Merger Deal
-----------------------------------------------------
Howard Connor, individually and on behalf of all others similarly
situated, Plaintiff, v. Bill Barrett Corporation, Jim W. Mogg, R.
Scot Woodall, William F. Owens, Edmund P. Segner, Randy I. Stein
and Michael E. Wiley, Defendants, Case No. 18-cv-00323, (D.
Colo., February 8, 2018), seeks to enjoin Defendants and all
persons acting in concert with them from proceeding with,
consummating or closing the merger between Bill Barrett and Fifth
Creek Energy Operating Company, LLC, rescinding it in the event
defendants consummate the merger, and rescissory damages, costs
of this action, including reasonable allowance for plaintiff's
attorneys' and experts' fees and such other and further relief
under the Securities Exchange Act of 1934.
Bill Barret and Fifth Creek will each become direct wholly owned
subsidiaries of Red Rider Holdco, Inc., which will be renamed
upon closing of the mergers. Each outstanding share of Bill
Barret common stock will convert into the right to receive one
share of Holdco common stock and all outstanding equity interests
in Fifth Creek, in the aggregate, will convert into the right to
receive an aggregate of 100,000,000 shares of Holdco common
stock.
Bill Barret is an independent energy company that develops,
acquires and explores for oil and natural gas resources. Fifth
Creek is a private exploration and production company, based in
Greenwood Village, Colorado, focusing on the development of oil
and gas reserves in the Hereford Field area of the DJ Basin,
located in rural northern Weld County, Colorado.
The complaint says the proxy statement omitted financial
projections and analyses performed by the company's financial
advisor, Tudor Pickering Holt & Co Advisors LP. Said disclosure
provides stockholders with a basis to project the future
financial performance of a company, and allows stockholders to
better understand the financial analyses.
Connor is a Bob Barret shareholder. [BN]
Plaintiff is represented by:
Juan E. Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Avenue, Suite 4405
New York, NY 10118
Tel: (212) 971-1341
Fax: (212) 202-7880
Email: jmonteverde@monteverdelaw.com
BUMP BOXES: Faces "Lira" Suit in C.D. California
------------------------------------------------
A class action lawsuit has been filed against Bump Boxes, Inc.
The case is styled as Kathy Lira, individually and on behalf of
all others similarly situated, Plaintiff v. Bump Boxes, Inc. and
Does 1 - 10 inclusive, Defendants, Case No. 8:18-cv-00422 (C.D.
Cal., March 16, 2018).
Bump Boxes is a monthly pregnancy subscription box containing
healthy products tailored to one's due date & conveniently
delivered to one's door.[BN]
The Plaintiff is represented by:
Scott J Ferrell, Esq.
Pacific Trial Attorneys APC
4100 Newport Place Drive Suite 800
Newport Beach, CA 92660
Tel: (949) 706-6464
Fax: (949) 706-6469
Email: sferrell@pacifictrialattorneys.com
CAREY LIMOUSINE: Sued in N.Y. Over Blind-Inaccessible Website
-------------------------------------------------------------
Cedric Bishop, on behalf of himself and all others similarly
situated v. Carey Limousine NY, Inc., Case No. 1:18-cv-01605
(S.D.N.Y., February 21, 2018), is brought against the Defendants
for failure to design, construct, maintain, and operate its
website to be fully accessible to and independently usable by the
Plaintiff and other blind or visually-impaired people.
Carey Limousine NY, Inc. is a provider of transportation
services, specializing in airport transfers, roadshows, and
special event transportation. [BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12 Fl.
Brooklyn, NY 11201
Telephone: (929) 575-4175
Facsimile: (929) 575-4195
E-mail: Joseph@cml.legal
- and -
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003-2461
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: nyjg@aol.com
danalgottlieb@aol.com
CAVALRY PORTFOLIO: Faces "Rabuffo" Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Cavalry Portfolio
Services, LLC. The case is styled as Joanne Rabuffo and Michael
Kasten, individually and on behalf of all others similarly
situated, Plaintiffs v. Cavalry Portfolio Services, LLC,
Defendant, Case No. 2:18-cv-01624 (E.D. N.Y., March 15, 2018).
Cavalry Portfolio Services, LLC is engaged in debt collection
business.[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
CDK GLOBAL: Baystate Ford Files Anti-trust Suit in N.D. Ill.
------------------------------------------------------------
Baystate Ford Inc., on behalf of all others similarly situated,
Plaintiff, v. CDK Global, LLC and The Reynolds and Reynolds
Company, Defendants, Case No. 18-cv-00996, (N.D. Ill.,
February 7, 2018), seeks damages, injunctive relief and other
relief pursuant to the Sherman Act and various state anti-trust
laws.
The complaint says Defendants are allocating market share,
reducing competition, fixing, raising and maintaining and/or
stabilizing prices in the market for the provision of data
management systems to retail automotive dealerships.
CDK and Reynolds are in the business of providing data management
systems services to the auto-dealer industry.
James E. Barz, Esq.
Frank Richter, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
200 South Wacker Drive, 31st Floor
Chicago, IL 60606
Telephone: (312) 674-4674
Fax: (312) 674-4676
- and -
David W. Mitchell, Esq.
Alexandra S. Bernay, Esq.
Carmen A. Medici, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: (619) 231-1058
Fax: (619) 231-7423
- and -
Paul J. Geller, Esq.
Mark J. Dearman, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
120 East Palmetto Park Road, Suite 500
Boca Raton, FL 33432
Telephone: (561) 750-3000
Fax: (561) 750-3364
- and -
Samuel H. Rudman, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
58 South Service Road, Suite 200
Melville, NY 11747
Telephone: (631) 367-7100
Fax: (631) 367-1173
- and -
Brian J. Robbins, Esq.
George C. Aguilar, Esq.
Michael J. Nicoud, Esq.
ROBBINS ARROYO LLP
600 B Street, Suite 1900
San Diego, CA 92101
Telephone: (619) 525-3990
Fax: (619) 525-3991
CELLCO PARTNERSHIP: Faces "Adell" Suit in N.D. Ohio
----------------------------------------------------
A class action lawsuit has been filed against Cellco Partnership.
The case is styled as Lorraine Adell, individually and on behalf
of all others similarly situated, Plaintiff v. Cellco Partnership
doing business as: Verizon Wireless, Defendant, Case No. 1:18-cv-
00623-CAB (N.D. Ohio, March 19, 2018).
Cellco Partnership, doing business as Verizon Wireless, is an
American telecommunications company which offers wireless
products and services. It is a wholly owned subsidiary of Verizon
Communications.[BN]
The Plaintiff is represented by:
William R. Weinstein, Esq.
4th Floor
199 Main Street
White Plains, NY 10601
Tel: (914) 997-2205
Fax: (877) 428-8388
Email: wrw@wweinsteinlaw.com
- and -
Daniel R. Karon, Esq.
Law Office of Daniel R. Karon
700 St. Clair Avenue, W, Ste. 200
Cleveland, OH 44113
Tel: (216) 622-1851
Fax: (216) 241-8175
Email: dkaron@karonllc.com
CHICAGO, IL: Petition for Writ of Certiorari Filed in "Allen"
-------------------------------------------------------------
A petition for a writ of certiorari was filed on February 5,
2018, in the appeal styled as Jeffrey Allen, individually and on
behalf of themselves, all others similarly situated, and the
general public, Plaintiffs-Appellants, v. City of Chicago,
Defendant-Appellee, Case No. 17-1102, that brought before the
Supreme Court of the United States on December 11, 2017.
Petitioners are current and former members of the Chicago Police
Department's Bureau of Organized Crime who claim that their
employer, City of Chicago, did not compensate them for work they
performed off-duty on their mobile electronic devices.
United States Magistrate Judge Sidney I. Schenkier ruled judgment
in favor of the City on December 10, 2015. Plaintiff subsequently
filed an appeal docketed 16-1029, in the United States Court of
Appeals for the Seventh Circuit. Lower Court Rehearing was denied
on September 11, 2017.
Plaintiff is represented by:
Ronald Charles Dahms III, Esq.
Law Offices of Paul D. Geiger
540 West Frontage Road, Suite 3020
Northfield, IL 60093
Email: rdahmslaw@gmail.com
CHICAGO TRIBUNE: Faces "Sullivan" Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Chicago Tribune
Company, LLC. The case is styled as Phillip Sullivan Jr., on
behalf of himself and all others similarly situated, Plaintiff v.
Chicago Tribune Company, LLC, Defendant, Case No. 1:18-cv-02420
(S.D. N.Y., March 19, 2018).
Chicago Tribune Company, LLC, a multi-platform company, publishes
newspaper, and magazine. It also produces printed and interactive
niche products primarily for adults in Chicago.[BN]
The Plaintiff appears PRO SE.
CLEANWEAR USA: Faces "Cegueda-Juarez" Suit over Failure to Pay OT
-----------------------------------------------------------------
Lazaro Cegueda-Juarez (a.k.a. Pedro), individually and on behalf
of others similarly situated v. Cleanwear USA 2 Inc. (d/b/a
Alpine Cleaners), Rain Drop Inc. (d/b/a Alpine Cleaners), Alpine
Cleaners 70, Inc. (d/b/a Alpine Cleaners), Kwan Joong Kwon, Man
Soo Kim, and Kap Kim, Case No. 1:18-cv-01604 (S.D.N.Y., February
21, 2018), is brought against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standards Act.
The Defendants own and operate a laundry shop located at 178 E.
70th street, New York, New York 10021. [BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, PC
60 East 42nd Street, Suite 2540
New York, NY 10165
Telephone: (212) 317-1200
E-mail: Michael@Faillacelaw.com
COCO-MAT USA: Faces "Conner" Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Coco-Mat USA, LLC.
The case is styled as Mary Conner, individually and as the
representative of a class of similarly situated persons,
Plaintiff v. Coco-Mat USA, LLC, Defendant, Case No. 1:18-cv-02284
(S.D. N.Y., March 15, 2018).
Coco-Mat USA, LLC is a manufacturer of doormat.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
Shaked Law Group P.C.
44 Court Street, Suite 1217
Brooklyn, NY 11201
Tel: (917) 373-9128
Fax: (718) 504-7555
Email: shakedlawgroup@gmail.com
CONSOLIDATED COMMUNICATIONS: Suit Seeks to Recover Unpaid Wages
---------------------------------------------------------------
Kathleen Fronhofer, individually and on behalf of other similarly
situated individual Consolidated Communications Holdings, Inc.
employees v. Consolidated Communications Holdings, Inc., Case No.
2:18-cv-00035-cr (D. Vt., February 20, 2018), seeks to recover
unpaid overtime wages, liquidated damages, plus costs, interest,
and reasonable attorney's fees pursuant to the Fair Labor
Standards Act.
Consolidated Communications Holdings, Inc. owns and operates an
internet and telecommunications company in Mattoon, Illinois.
[BN]
The Plaintiff is represented by:
Richard T. Cassidy, Esq.
RICH CASSIDY LAW
1233 Shelburne Road, Ste. D5
South Burlington, VT 05403
Telephone: (802) 864-8144
CRESTLINE HOTELS: Faces "Colburn" Suit in D. Maryland
-----------------------------------------------------
A class action lawsuit has been filed against Crestline Hotels &
Resorts, LLC. The case is styled as Gaynell C. Colburn,
individually and on behalf of others similarly situated,
Plaintiff v. Crestline Hotels & Resorts, LLC, Defendant, Case No.
1:18-cv-00775-ELH (D. Md., March 16, 2018).
Crestline Hotels & Resorts, LLC manages and operates hotels and
resorts, independent boutique hotels, and conference centers in
the United States.[BN]
The Plaintiff is represented by:
E David Hoskins, Esq.
The Law Offices of E David Hoskins LLC
16 E. Lombard Street, Suite 400
Baltimore, MD 21202
Tel: (410) 662-6500
Fax: (410) 662-7800
Email: davidhoskins@hoskinslaw.com
- and -
Kathleen Hyland, Esq.
Hyland Law Firm, LLC
16 E Lombard Street, Suite 400
Baltimore, MD 21202
Tel: (410) 777-5396
Fax: (410) 777-8237
Email: kat@lawhyland.com
- and -
R Bruce Carlson, Jr, Esq.
Carlson Lynch Sweet & Kilpela, LLP
1133 Penn Avenue
Pittsburgh, PA 15222
Tel: (412) 749-1677
Fax: (412) 749-1686
Email: bcarlson@carlsonlynch.com
DIGITAL INTELLIGENCE: "Calhoun" and "Berrellez" Ruling Appealed
---------------------------------------------------------------
Objector Randall Pittman filed an appeal from a court ruling in
the lawsuits entitled Judy Calhoun v. Digital Intelligence
Systems, LLC, et al. Case No. 2:14-cv-04100-AB-AGR and J. Robert
Berrellez v. Rose International, Inc., et al., Case No. 2:14-cv-
03163-AB-AGR, in the U.S. District Court for the Central District
of California, Los Angeles.
The lawsuits arose from labor-related disputes.
The appellate case is captioned as Randall Pittman, et al. v.
Digital Intelligence Systems LLC, et al., Case No. 18-55207, in
the United States Court of Appeals for the Ninth Circuit.
Objector-Appellant RANDALL PITTMAN, of Sherman Oaks, California,
appears pro se.
The briefing schedule in the Appellate Case is set as follows:
-- Transcript was to be ordered by March 14, 2018;
-- Transcript is due on April 13, 2018;
-- Appellant Randall Pittman's opening brief is due on May 23,
2018;
-- Appellees Bank of America, N.A., J. Robert Berrellez, Judy
Calhoun, Digital Intelligence Systems, LLC, Pontoon
Solutions, Inc. and Rose International, Inc.'s answering
brief is due on June 25, 2018;
-- Appellant's optional reply brief is due 21 days after
service of the answering brief.[BN]
Plaintiffs-Appellees JUDY CALHOUN and J. ROBERT BERRELLEZ, on
behalf of themselves, and all others similarly situated, are
represented by:
Chaim Shaun Setareh, Esq.
SETAREH LAW GROUP
9454 Wilshire Boulevard, Suite 907
Beverly Hills, CA 90212
Telephone: (310) 888-7771
E-mail: shaun@setarehlawc.om
Defendant-Appellee DIGITAL INTELLIGENCE SYSTEMS, LLC, a Virginia
limited liability corporation, is represented by:
Koree Blyleven, Esq.
George S. Howard, Jr., Esq.
JONES DAY
4655 Executive Drive, Suite 1500
San Diego, CA 92121-3134
Telephone: (858) 314-1200
E-mail: kblyleven@jonesday.com
gshoward@jonesday.com
Defendant-Appellee BANK OF AMERICA, N.A., is represented by:
Matthew Kane, Esq.
Michael D. Mandel, Esq.
Sean Matthew Sullivan, Esq.
MCGUIREWOODS LLP
1800 Century Park East, 8th Floor
Los Angeles, CA 90067
Telephone: (310) 315-8200
E-mail: mkane@mcguirewoods.com
mmandel@mcguirewoods.com
ssullivan@mcguirewoods.com
Defendant-Appellee PONTOON SOLUTIONS, INC.
Damien DeLaney, Esq.
Mia Farber, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street
Los Angeles, CA 90017
Telephone: (213) 630-8252
E-mail: Damien.DeLaney@Jacksonlewis.com
farberM@Jacksonlewis.com
Defendant-Appellee ROSE INTERNATIONAL, INC., a Missouri
corporation, is represented by:
Navneet Chugh, Esq.
Mohammad Nabeel Khan, Esq.
Shu-Lin Sherwood Tung, Esq.
CHUGH, LLP
15925 Carmenita Road
Cerritos, CA 90703
Telephone: (562) 229-1250
E-mail: navneet@chugh.com
mohammad.khan@chugh.com
sherwood.tung@chugh.com
DIRECTV: Faces "Jantos" Suit in W.D. Washington
-----------------------------------------------
A class action lawsuit has been filed against DIRECTV. The case
is styled as James Jantos, individually, and on behalf of
similarly situated individuals, Plaintiff v. DIRECTV, a Delaware
Corporation, DirecTV LLC, a California Limited Liability
Corporation and Qwest Corporation doing business as: CenturyLink
QC d/b/a CenturyLink QC, a Colorado Corporation, Defendants, Case
No. 2:18-cv-00413 (W.D. Wash., March 19, 2018).
DirecTV is an American direct broadcast satellite service
provider based in El Segundo, California and is a subsidiary of
AT&T.[BN]
The Plaintiff is represented by:
Chris Robert Youtz, Esq.
SIRIANNI YOUTZ SPOONEMORE HAMBURGER
701 FIFTH AVENUE, SUITE 2560
SEATTLE, WA 98104
Tel: (206) 223-0303
Fax: (206) 223-0246
Email: chris@sylaw.com
- and -
Michael David Myers, Esq.
MYERS & COMPANY
1530 EASTLAKE AVENUE EAST
SEATTLE, WA 98102
Tel: (206) 398-1188
Fax: (206) 400-1112
Email: mmyers@myers-company.com
- and -
Richard E Spoonemore, Esq.
SIRIANNI YOUTZ SPOONEMORE HAMBURGER
701 FIFTH AVENUE, SUITE 2560
SEATTLE, WA 98104
Tel: (206) 223-0303
Fax: (206) 223-0246
Email: rspoonemore@sylaw.com
DUKE UNIVERSITY: Seeks 4th Cir. Review of Ruling in "Seaman" Suit
-----------------------------------------------------------------
Defendants Duke University and Duke University Health Systems,
Incorporated, filed an appeal from a court ruling in the lawsuit
entitled Danielle Seaman, individually and on behalf of all
others similarly situated v. Duke University and Duke University
Health Systems, Incorporated, Case No. 1:15-cv-00462-CCE-JLW, in
the U.S. District Court for the Middle District of North Carolina
at Greensboro.
The appellate case is captioned as Duke University, et al. v.
Danielle Seaman, Case No. 18-131, in the United States Court of
Appeals for the Fourth Circuit.
As previously reported in the Class Action Reporter on Feb. 20,
2018, a district court judge ruled that the antitrust lawsuit
against Duke for an alleged no-hire agreement can be expanded
into a class-action suit.
The lawsuit can now cover a total of 5,500 doctors at the Duke
University School of Medicine or the University of North Carolina
School of Medicine, the Associated Press reported. By becoming a
class-action suit, U.S. District Judge Catherine Eagles ruled
that all faculty members with an academic appointment at any
point from 2012 to the present at either school are represented,
and may receive compensation for damages depending on the outcome
of the case.
The certified faculty class consists of:
"all natural persons employed by Defendants and their co-
conspirators in the United States during the period from
January 1, 2012 through the present (the "Class Period") as
a faculty member with an academic appointment at the Duke
or UNC Schools of Medicine. Excluded from the Class are:
members of the boards of directors and boards of trustees,
boards of governors, and senior executives of Defendants
and their co-conspirators who entered into the illicit
agreements alleged herein; and any and all judges and
justices, and chambers' staff, assigned to hear or
adjudicate any aspect of this litigation."
The District Court appointed Danielle Seaman, who filed the
original suit, as class representative and the law firms Lieff
Cabraser Heimann and Bernstein, LLP and Elliot Morgan Parsonage,
P.A. as class counsel, to prosecute the case.
The lawsuit began in May 2015 when Seaman, then-assistant
professor of radiology, sued Duke, saying that she had lost a job
opportunity due to a no-hire agreement between the University and
UNC that she said violated federal antitrust laws.
UNC was originally a co-defendant alongside Duke in the case, but
Eagles officially approved a settlement by UNC on Jan. 4 that did
not require the school to pay any money. As part of the
settlement, UNC did have to commit to never enter into such an
agreement in the future and provide testimonies and internal
documents to Ms. Seaman's attorneys. As part of the settlement,
UNC denied wrongdoing. The faculty from UNC are included in the
class action suit.
The lawsuit arose after Seaman expressed interest in a job at UNC
and claims she received an e-mail from their chief of
cardiothoracic imaging saying that the two schools have agreed to
not allow lateral moves of faculty.[BN]
Plaintiff-Respondent DANIELLE SEAMAN, individually and on behalf
of all others similarly situated, is represented by:
Kelly M. Dermody, Esq.
Brendan Patrick Glackin, Esq.
Dean Michael Harvey, Esq.
LIEFF, CABRASER, HEIMANN & BERNSTEIN LLP
275 Battery Street
San Francisco, CA 94111-0000
Telephone: (415) 956-1000
Facsimile: (415) 956-1008
E-mail: kdermody@lchb.com
bglackin@lchb.com
dharvey@lchb.com
- and -
Reynolds Michael Elliot, Esq.
ELLIOT MORGAN PARSONAGE, PA
300 East Kingston Avenue
Charlotte, NC 28203
Telephone: (704) 707-3705
Facsimile: (704) 724-3335
E-mail: michaelelliot@emplawfirm.com
- and -
Robert Mauldin Elliot, Esq.
ELLIOT MORGAN PARSONAGE, PA
Brickenstein-Leinbach House
426 Old Salem Road
Winston-Salem, NC 27101-0000
Telephone: (336) 724-2828
Facsimile: (336) 714-4499
E-mail: rmelliot@emplawfirm.com
Defendants-Petitioners DUKE UNIVERSITY and DUKE UNIVERSITY HEALTH
SYSTEMS, INCORPORATED, are represented by:
Kelly Margolis Dagger, Esq.
Paul K. Sun, Jr., Esq.
ELLIS & WINTERS, LLP
4131 Parklake Avenue
P. O. Box 33550
Raleigh, NC 27636-0000
Telephone: (919) 573-1292
Facsimile: (919) 685-7010
E-mail: kelly.dagger@elliswinters.com
paul_sun@elliswinters.com
- and -
Gregg Howard Levy, Esq.
Derek Ludwin, Esq.
Mark William Mosier, Esq.
Lauren S. Willard, Esq.
COVINGTON & BURLING, LLP
850 10th Street, NW
Washington, DC 20001-4956
Telephone: (202) 662-6000
Facsimile: (202) 552-6291
E-mail: glevy@cov.com
dludwin@cov.com
mmosier@cov.com
lwillard@cov.com
DYNAMIC RECOVERY: Faces "Oh" Suit in E.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Dynamic Recovery
Solutions, LLC. The case is styled as Sung Oh, individually and
on behalf of all others similarly situated, Plaintiff v. Dynamic
Recovery Solutions, LLC and LVNV Funding, LLC, Defendants, Case
No. 1:18-cv-01664 (E.D. N.Y., March 16, 2018).
Dynamic Recovery Solutions, LLC is a debt collection agency.[BN]
The Plaintiff appears PRO SE.
EMERGING VISION: Faces "DiCarlo" Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Emerging Vision,
Inc. The case is styled as David DiCarlo, on behalf of himself
and all others similarly situated, Plaintiff v. Emerging Vision,
Inc., doing business as: Sterling Optical, Defendant, Case No.
1:18-cv-02293 (S.D. N.Y., March 15, 2018).
Emerging Vision, Inc. operates retail optical stores and
franchise optical chains in the United States and Canada.[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
FIRSTSOURCE ADVANTAGE: Faces "Davis" Suit in E.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Firstsource
Advantage, LLC. The case is styled as May Davis, individually and
on behalf of all others similarly situated, Plaintiff v.
Firstsource Advantage, LLC, Defendant, Case No. 1:18-cv-01677
(E.D. N.Y., March 16, 2018).
Firstsource Advantage, LLC provides debt collections services to
the leading credit card issuers, financial institutions,
healthcare providers and universities.[BN]
The Plaintiff appears PRO SE.
GAUGHAN SOUTH: "Falcone" Sues Over Excessive Internet Tax
---------------------------------------------------------
Patricia L. Falcone, Ph.D., an individual, on behalf of herself
and all others similarly situated, Plaintiff, v. Gaughan South
LLC, Defendant, Case No. 18-cv-00234, (D. Nev., February 8,
2018), seek damages and restitution for the total amount of taxes
Defendants unlawfully charged and collected on the portion of the
Resort Fees that constitutes charges for Internet access pursuant
to the Internet Tax Freedom Act.
Defendants charge overnight guests a mandatory, per-night resort
fee which includes daily access for two guests each day to the
fitness center at the property, daily in-room Internet access for
two devices, and all local phone calls. When charging a Resort
Fee that included Internet access, Defendants applied the Clark
County Combined Transient Lodging Tax to the entire amount of the
Resort Fee, which includes the portion of the Resort Fee that
constitutes charges for Internet access.
Gaughan South LLC operates as South Point Hotel, Casino & Spa,
where Falcone was a guest. She claims to be taxed for internet
access. [BN]
Plaintiff is represented by:
Don Springmeyer, Esq.
Bradley Schrager, Esq.
WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP
3556 E. Russell Road, 2nd Floor
Las Vegas, NV 89120-2234
Tel: (702) 341-5200
Fax: (702) 341-5300
Email: dspringmeyer@wrslawyers.com
bschrager@wrslawyers.com
- and -
Patrick Madden, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Tel: (215) 875-3000
Fax: (215) 875-4604
Email: pmadden@bm.net
- and -
Stuart McCluer, Esq.
MCCULLEY MCCLUER PLLC
1022 Carolina Blvd., Ste. 300
Charleston, SC 29451
Tel: (855) 467-0451
Fax: (662) 368-1506
Email: smccluer@mcculleymccluer.com
GAZELLE TRANSPORTATION: Faces "Mendez" Suit in Cal. Superior Ct.
----------------------------------------------------------------
A class action lawsuit has been filed against Gazelle
Transportation, LLC. The case is styled as Parrish Mendez on
behalf of himself and all others similarly situated, Plaintiff v.
Gazelle Transportation, LLC, a Delaware limited liability
company, Defendant, Case No. BCV-18-100644 (Cal. Super. Ct.,
March 19, 2018).
Gazelle serves the crude oil transportation and logistics needs
of major U.S. crude oil-producing regions providing safe and
reliable crude oil transport.[BN]
The Plaintiff is represented by:
Marcus J. Bradley, Esq.
Bradley/Grombacher LLP
2815 Townsgate Rd, Ste 130
Westlake Village, CA 91361-3089
Tel: (805) 270-7100
Fax: (805) 270-7589
Email: mbradley@bradleygrombacher.com
GENESIS CALIFORNIA: "De La Pena" Suit Seeks Damages
---------------------------------------------------
Rosa De La Pena, individually and on behalf of all others
similarly situated, Plaintiff, v. Genesis California, Defendant,
Case No. 18-cv-00303, (S.D. Cal., February 8, 2018), seeks
damages, restitution and injunctive relief for violations of the
California Translation Act, California Civil Code, Home
Solicitation Sales Act, California's Unfair Competition Law and
California Business & Professions Code.
Defendant installs solar panels. Genesis represented to De La
Rosa that that her energy bill would decrease using solar panels.
Genesis required Plaintiff to sign an English-language contract.
De La Rosa, who spoke only Spanish, claims that she did not
experience any energy savings as promised by Defendant but rather
her electricity has increased each month with the solar panels
installed. [BN]
Plaintiff is represented by:
Abbas Kazerounian, Esq.
Matthew M. Loker, Esq.
Elizabeth A. Wagner, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
Email: ak@kazlg.com
clark@kazlg.com
elizabeth@kazlg.com
- and -
Joshua Swigart, Esq.
Yana A. Hart, Esq.
HYDE AND SWIGART
2221 Camino Del Rio South, Suite 101
San Diego, CA 92108
Telephone: (619) 233-7770
Facsimile: (619) 297-1022 to 26
Email: Josh@westcoastlitigation.com
yana@westcoastlitigation.com
GEICO: Faces "Rosenberg" Suit in S.D. Florida
---------------------------------------------
A class action lawsuit has been filed against Government
Employees Insurance Company. The case is styled as Randy
Rosenberg, D.C., P.A., on behalf of itself and all others
similarly situated other Dorothy Johnson and Tina Scott,
Plaintiff v. Government Employees Insurance Company and GEICO
Indemnity Company, Defendants, Case No. 0:18-cv-60576-KMM (S.D.
Fla., March 16, 2018).
The Government Employees Insurance Company is an American auto
insurance company with headquarters in Chevy Chase, Maryland.[BN]
The Plaintiff is represented by:
Mark S. Fistos, Esq.
Zebersky Payne LLP
110 Southeast 6th Street., Suite 2150
Ft. Lauderdale, FL 33301
Tel: (954) 933-5083
Fax: (954) 989-7781
Email: mfistos@zpllp.com
- and -
Michael Trent Lewenz, Esq.
Zebersky Payne LLP
110 SE 6th Street, Suite 2150
Fort Lauderdale, FL 33301
Tel: (954) 989-6333
Email: Mlewenz@zpllp.com
- and -
Edward Herbert Zebersky, Esq.
Zebersky Payne, LLP
110 S.E. 6th Street, Suite 2150
Fort Lauderdale, FL 33301
Tel: (954) 989-6333
Fax: (954) 989-7781
Email: ezebersky@zpllp.com
GERBER LIFE INSURANCE: Faces "Thorne" Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Gerber Life
Insurance Company. The case is styled as Braulio Thorne, on
behalf of himself and all others similarly situated, Plaintiff v.
Gerber Life Insurance Company, Defendant, Case No. 1:18-cv-02370
(S.D. N.Y., March 16, 2018).
The Gerber Life Insurance Company was formed in 1967 as a
subsidiary of the Gerber Products Company, which itself is a
subsidiary of Nestle, in Fremont, Michigan. It is headquartered
in White Plains, New York. It is a direct-response marketing
insurance company and a provider of juvenile life insuranc.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Tel: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
GET IT NOW: Seeks Eighth Circuit Review of Order in "Chavez" Suit
-----------------------------------------------------------------
Defendant Get It Now, LLC, filed an appeal from a court ruling in
the lawsuit entitled Amber Chavez v. Get It Now, LLC, Case No.
0:17-cv-01490-DWF, in the U.S. District Court for the District of
Minnesota - Minneapolis.
As previously reported in the Class Action Reporter, the lawsuit
was filed on May 5, 2017, and is assigned to the Hon. Donovan W.
Frank.
The nature of suit is stated as consumer credit.
Get It Now is a nonresidential building operator located in
Minneapolis, Minnesota.
The appellate case is captioned as Amber Chavez v. Get It Now,
LLC, Case No. 18-1326, in the United States Court of Appeals for
the Eighth Circuit.[BN]
Plaintiff-Appellee Amber Chavez, on behalf of herself and all
others similarly situated, is represented by:
Thomas John Lyons, Jr., Esq.
CONSUMER JUSTICE CENTER, P.A.
367 Commerce Street
Vadnais Heights, MN 55127
Telephone: (651) 770-9707
Facsimile: (651) 704 0907
E-mail: tommy@consumerjusticecenter.com
- and -
Mark Leon Vavreck, Esq.
MARTINEAU & GONKO, PLLC
401 N. Third Street, Suite 600
Minneapolis, MN 55401
Telephone: (612) 659-9500
E-mail: mvavreck@cgmvlaw.com
Defendant-Appellant Get It Now, LLC, doing business as Home
Choice, is represented by:
Cameron Alexander Lallier, Esq.
Thomas James Lallier, Esq.
FOLEY & MANSFIELD
250 Marquette Avenue, Suite 1200
Minneapolis, MN 55401-0000
Telephone: (612) 338-8788
E-mail: clallier@foleymansfield.com
tlallier@foleymansfield.com
GIBBONS & WHEELAN: Faces "Campos" Suit in Cal. Superior Court
-------------------------------------------------------------
A class action lawsuit has been filed against Gibbons & Wheelan,
Inc. The case is styled as Juan Campos, Abel Gonzalez, Lucinda
Gonzalez, Jeremy Brownen, Vanessa S. Balderas, David Crowder,
Tina Crowder, Hosbaldo Contreras, Maddison Contreras, Aldo Alonso
Garcia Gonzalez, Rafael Sanchez, Lizette Gallo, Cristobal
Martinez, Jorge Renteria, Karla Hernandez, Gerardo Garcia,
Claudia Medrano, Elio Lopez, Apolinar Guillermo, Raul Guillermo,
Daniel Martinez, Ramon Hernandez, Leticia Hernandez, Enrique
Ortega, Cherry Denise Hollins, Liza M Velazquez, Michael Anthony
Palacios, Luis A. Villarreal, Jimmy Canno, Marcelo Bravo, Quinton
Atkins, Ruth Selene Hernandez, Antonio Ramos, Monica Silva, Irma
Rodriguez, Erik Anthony Roberson, Maria Kahn, Ernesto Rodriguez,
Juana Delgado, Agustin Navarro, Brian Redfeairn, Keri Redfeairn,
Fernando Rizo, Natalia Rizo, Alex Mesa, Raquel Mesa, Jimmy Edward
Perez, Antonio John Reyes, Justo Flores, Jr, Romeo Benavidez,
Johanna Benavidez, Jarmeshia Jackson, Jose A. Sanchez, Eric
Chamblee and Agustin Bello, on his own behalf and as an
individual homeowner class representative on behalf of all others
similarly situated, Plaintiffs v. Gibbons & Wheelan, Inc., a
California Corporation, Defendant, Case No. BCV-18-100617 (Cal.
Super. Ct., March 15, 2018).
Gibbons and Wheelan builds custom and semi custom homes
throughout Bakersfield and has been in business since 1995.[BN]
The Plaintiffs are represented by:
Jeffrey T. Belton, Esq.
Law Offices of Jeffrey T. Belton
1811 Edgewood Dr
Simi Valley, CA 93063
Fax: 805-791-3554
GREAT AMERICAN: Faces "Thorne" Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Great American
Insurance Company of New York. The case is styled as Braulio
Thorne, on behalf of himself and all others similarly situated,
Plaintiff v. Great American Insurance Company of New York,
Defendant, Case No. 1:18-cv-02433 (S.D. N.Y., March 19, 2018).
Great American Insurance Company, Inc., together with its
subsidiaries, provides property and casualty insurance products
worldwide.[BN]
The Plaintiff appears PRO SE.
GUSTECH COMMUNICATIONS: Doesn't Properly Pay Employees, Suit Says
-----------------------------------------------------------------
Gary Burrell and Antoine Lee, on behalf of themselves and others
similarly situated v. Gustech Communications, LLC, Case No. 0:18-
cv-00508-CMC (D.S.C., February 21, 2018), is brought against the
Defendants for failure to pay overtime compensation and minimum
wage in violation of Fair Labor Standards Act.
Gustech Communications, LLC is engaged in the business of
installing satellite television in homes. [BN]
The Plaintiff is represented by:
David E. Rothstein, Esq.
ROTHSTEIN LAW FIRM, PA
1312 Augusta Street
Greenville, SC 29605
Telephone: (864) 232-5870
Facsimile: (864) 241-1386
E-mail: drothstein@rothsteinlawfirm.com
- and -
Harold Lichten, Esq.
Benjamin J. Weber, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston St., Suite 2000
Boston, MA 02116
Telephone: (617) 994-5800
Facsimile: (617) 994-5801
E-mail: hlichten@llrlaw.com
bweber@llrlaw.com
HALSTED FINANCIAL: Faces "Razilova" Suit in E.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Halsted Financial
Services LLC. The case is styled as Olessia Razilova,
individually and on behalf of all others similarly situated,
Plaintiff v. Halsted Financial Services LLC, Defendant, Case No.
1:18-cv-01668 (E.D. N.Y., March 16, 2018).
Halsted Financial Services is a global financial services firm,
providing consumer and commercial solutions for today's
world.[BN]
The Plaintiff appears PRO SE.
HANOVER INSURANCE: Faces "Thorne" Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against The Hanover
Insurance Group, Inc. The case is styled as Braulio Thorne, on
behalf of himself and all others similarly situated, Plaintiff v.
The Hanover Insurance Group, Inc., Defendant, Case No. 1:18-cv-
02437 (S.D. N.Y., March 19, 2018).
The Hanover Insurance Group provides auto, home, and business
insurance services.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Tel: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
HARTFORD FINANCIAL: Faces "Thorne" Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against The Hartford
Financial Services Group, Inc. The case is styled as Braulio
Thorne, on behalf of himself and all others similarly situated,
Plaintiff v. The Hartford Financial Services Group, Inc.,
Defendant, Case No. 1:18-cv-02360 (S.D. N.Y., March 16, 2018).
The Hartford Financial Services Group, Inc., usually known as The
Hartford, is a United States-based investment and insurance
company.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Tel: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
HDME GROUP: "Naya" Suit Seeks to Recover Overtime Under FLSA
------------------------------------------------------------
ANDREYNA NAYA, Individually and on Behalf of All Similarly
Situated Individuals v. HDME GROUP, LLC, f/k/a HDME CONTRUCTION
GROUP, LLC and COTTON COMMERCIAL USA, INC., Case No. 4:18-cv-
00487 (S.D. Tex., February 16, 2018), seeks to recover alleged
unpaid overtime compensation, liquidated damages, and attorney's
fees pursuant to the Fair Labor Standards Act of 1938.
HDME Group, LLC, formerly known as HDME Construction Group, LLC,
is a Texas limited liability company. HDME was, at all relevant
times, an enterprise engaged in commerce or in the production of
goods for commerce, as defined by 29 U.S.C. Sections 203(r) and
(s), and had gross annual revenues in excess of $500,000.
Cotton Commercial USA, Inc., a Texas corporation, provides
disaster recovery services, including fire and water restoration
services ranging from initial project assessment and planning
through catastrophe management, reconstruction, restoration and
environmental remediation. The Company was founded in 1996 and
is based in Houston, Texas. Cotton Commercial USA, Inc. operates
as a subsidiary of CCLM Holdings, Inc.[BN]
The Plaintiff is represented by:
Josef F. Buenker, Esq.
THE BUENKER LAW FIRM
2060 North Loop West, Suite 215
Houston, TX 77018
Telephone: (713) 868-3388
Facsimile: (713) 683-9940
E-mail: jbuenker@buenkerlaw.com
- and -
Vijay Pattisapu, Esq.
THE BUENKER LAW FIRM
2060 North Loop West, Suite 215
Houston, TX 77018
Telephone: (713) 868-3388
Facsimile: (713) 683-9940
E-mail: vijay@buenkerlaw.com
HELIX TCS: "Kenney" Suit Brought Before 10th Cir.
-------------------------------------------------
The case captioned Robert Kenney, individually and on behalf of
all others similarly situated, Plaintiff v. Helix TCS, Inc,
Defendant, Case No. 18-1105, was brought before the U.S. Court of
Appeals for the Tenth Circuit on March 19, 2018.
Helix TCS, Inc. provides security, compliance, and technology
services to the legal cannabis industry in the United States.[BN]
The Plaintiff is represented by:
Andrew Wells Dunlap, Esq.
Josephson Dunlap Law Firm
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Tel: 713-352-1100
- and -
Lindsay R. Itkin, Esq.
Josephson Dunlap Law Firm
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Tel: 713-352-1100
713-352-1100
- and -
Michael Andrew Josephson, Esq.
Josephson Dunlap Law Firm
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Tel: 713-352-1100
The Defendant is represented by:
Jordan D. Factor, Esq.
Allen Vellone Wolf Helfrich & Factor
1600 Stout Street, Suite 1100
Denver, CO 80202
Tel: 303/534-4499
303-534-4499
- and -
Jeremy T. Jonsen, Esq.
Allen Vellone Wolf Helfrich & Factor
1600 Stout Street, Suite 1100
Denver, CO 80202
Tel: 303/534-4499
303-534-4499
HF MANAGEMENT: Faces "Thorne" Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against HF Management
Services, LLC. The case is styled as Braulio Thorne, on behalf of
himself and all others similarly situated, Plaintiff v. HF
Management Services, LLC, Defendant, Case No. 1:18-cv-02439 (S.D.
N.Y., March 19, 2018).
HF Management Services, LLC is an investment management firm.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Tel: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
IMPERIAL MARBLE: Faces "Olson" Suit in N.D. Illinois
----------------------------------------------------
A class action lawsuit has been filed against Imperial Marble
Corporation. The case is styled as Jennifer Olson, on behalf of
herself and all others similarly situated, Plaintiff v. Imperial
Marble Corporation, Defendant, Case No. 1:18-cv-01914 (N.D. Ill.,
March 16, 2018).
Imperial Marble produces cultured marble vanity tops and other
cultured marble products for residential, commercial and the
hospitality industry.[BN]
The Plaintiff appears PRO SE.
JB HUNT: Petition for Writ of Certiorari Filed in "Ortega" Case
---------------------------------------------------------------
In case captioned Geraldo Ortega, Michael D. Patton, individually
and on behalf of themselves, all others similarly situated, and
the general public, Plaintiffs-Appellants, v. J. B. Hunt
Transport, Inc., Defendant-Appellee, Case No. 17-1111 (Supreme
Court of United States, July 31, 2017), a petition for a writ of
certiorari was filed on February 5, 2018.
Said case was filed as Case No. 14-56034 on July 31, 2017 with
the United States Court of Appeals for the Ninth Circuit. Gerardo
Ortega and Michael Patton seek to recover unpaid wages and
penalties from Defendant. According to Plaintiffs, California
labor law requires Defendant to provide meal and rest breaks, and
failure to do so subjects Defendant to provide reimbursement to
Plaintiffs, in addition to penalties. Defendant contends,
however, that the California Labor Code is preempted by the
Federal Aviation Administration Authorization Act wherein
Defendant is entitled to judgment on the pleadings as to
Plaintiffs' claims relating to meal and rest break requirements.
The district court granted summary judgment in J.B. Hunt's favor
on Plaintiffs' minimum wage claims. [BN]
J.B. Hunt Transport Inc. is a transportation logistics company
who employed Gerardo Ortega and Michael Patton as intermodal
drivers, based out of its location in South Gate CA.
J.B. Hunt Transport, Inc. is represented by:
Roy T. Englert Jr., Esq.
ROBBINS, RUSSELL, ENGLERT, ORSECK, UNTEREINER & SAUBER LLP
1801 K Street, N.W., Suite
411 Washington, DC 20006
Tel: (202) 775-4503
Fax: (202) 775-4510
Email: renglert@robbinsrussell.com
JOHNSON & JOHNSON: "Hall" Hits Share Price Drop Over Talc Scandal
-----------------------------------------------------------------
Frank Hall, Individually and on behalf of all others similarly
situated, Plaintiff, v. Johnson & Johnson, Alex Gorsky and
Dominic J. Caruso, Defendants, Case No. 18-cv-01833 (D. N.J.,
February 8, 2018), seeks to recover compensable damages caused by
violations of the federal securities laws and to pursue remedies
under Sections 10(b) and 20(a) of the Securities Exchange Act of
1934.
Johnson and Johnson talc products, such as its Baby Powder,
allegedly include asbestos fibers and that the exposure to those
fibers can cause ovarian cancer and mesothelioma. On this news,
shares of Johnson and Johnson fell $7.29 per share or over 5%
from its previous closing price to close at $130.39 per share on
February 5, 2018, damaging investors, including the Plaintiff.
Johnson and Johnson, together with its subsidiaries, researches
and develops, manufactures and sells various products in the
health care field worldwide. Alex Gorsky has been its Chairman
and Chief Executive Officer since December 28, 2012 and April 26,
2012 respectively.
Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
609 W. South Orange Avenue, Suite 2P
South Orange, NJ 07079
Tel: (973) 313-1887
Fax: (973) 833-0399
Email: lrosen@rosenlegal.com
- and -
Ben Crump, Esq.
BEN CRUMP LAW PLLC
122 S. Calhoun Street
Tallahassee, FL 32301
Tel: (844) 638-1822
JOSEPH K. JONES: Mann Appeals Order in "Winters" to Third Circuit
-----------------------------------------------------------------
Defendants Law Offices of Laura S. Mann LLC and Laura S. Mann
filed an appeal from a court ruling in the lawsuit styled Jeffrey
A. Winters, et al. v. Joseph K. Jones, et al., Case No. 2-16-cv-
09020, in the U.S. District Court for the District of New Jersey.
The appellate case is captioned as Jeffrey Winters, et al. v.
Joseph Jones, et al., Case No. 18-1365, in the United States
Court of Appeals for the Third Circuit.
As reported in the Class Action Reporter on Feb. 16, 2018, the
District Court granted the Defendant's Motion to Dismiss the
case.
Plaintiff Collection Solutions, Inc., is a New Jersey corporation
that primarily provides debt collection services. Plaintiff
Jeffrey Winters is the sole shareholder of Collection Solutions,
Inc. Defendants Joseph Jones and Benjamin Wolf are attorneys who
practice at the firm of Jones, Wolf & Kapasi, LLC. Defendant
Laura Mann is an attorney and the principal at the firm of Laura
S. Mann, LLC. Defendants Ari Marcus and Yitzchak Zelman are
attorneys and the principals of the firm of Marcus & Zelman, LLC.
The Plaintiffs claim that "the particular actionable conduct
perpetrated by Defendants against Plaintiffs . . . was the class
action litigation . . . Juliette Chapa, et al[.] v[.] Charles I.
Turner Esq., and United Credit Specialists et al.,2 in the
Federal District Court of New Jersey, Case No. 2:15-cv-03125."
("Chapa Case"). Plaintiffs settled the Chapa Case for $12,000 in
September 2016. Plaintiffs allege that the Chapa Case is
illustrative of Defendants' enterprise pursuant to The Racketeer
Influenced and Corrupt Organizations Act ("RICO") of joining
together to bring sham class action lawsuits against debt
collection agencies.
The Plaintiffs allege that at some point prior to 2013,
Defendants formed a RICO enterprise that "avoided Small Claims
Courts or unprofitable immediate payment of nominal claims
without attorney's fees, by filing sham putative class actions in
Federal court en masse on theory that the vast majority of the
relatively deep-pocket defendants (mostly debt collection
companies) would view a quick settlement for under $100,000 as
basically a nuisance claim; with the rare contested case only
confirming to victim defendants the practical advisability of
settling early on a class basis."
"To perpetuate the alleged sham class actions, Defendants search
out, solicit, and develop professional plaintiffs retained to
pose as theoretical least sophisticated consumers. Defendants
falsely impute imaginary false damages to those professional
plaintiffs," the Plaintiffs said.
To support these allegations, Plaintiffs point to five cases
filed on behalf of the same plaintiff (Marni Tntglio), where Ari
Marcus on behalf of Marcus & Zelman LLC was co-counsel.
The Plaintiffs allege that Defendants violated the federal RICO
statute, 18 U.S.C. Section 1961 and the New Jersey RICO statute,
N.J.S.A. 2C:41-1. Additionally, Plaintiffs assert that
Defendants committed fraud, negligence, and legal malpractice
through their participation in the RICO scheme. Thus, the Court
has federal question jurisdiction over the federal RICO claim and
supplemental jurisdiction over the New Jersey RICO, fraud,
negligence, and legal malpractice claims.
The Plaintiffs claim that Defendants' RICO liability stems from
their filing of class actions pursuant to the FDCPA.[BN]
Plaintiffs-Appellees JEFFREY A. WINTERS and COLLECTION SOLUTIONS
INC., A New Jersey Corporation; on their own behalf and behalf of
all others similarly situated, are represented by:
David M. Hoffman, Esq.
28 Countryside Drive
Baskin Ridge, NJ 07920
Telephone: (908) 608-0333
E-mail: dhoffman@david-hoffman-esq.com
Defendants-Appellees JOSEPH K. JONES, ESQ., BENJAMIN J. WOLF,
ESQ., and JONES WOLF & KAPASI LLC are represented by:
Craig L. Steinfeld, Esq.
Anthony J. Sylvester, Esq.
SHERMAN WELLS SYLVESTER & STAMELMAN
210 Park Avenue, 2nd Floor
Florham Park, NJ 07932
Telephone: (973) 302-9697
E-mail: csteinfeld@shermanwells.com
asylvester@shermanwells.com
- and -
Joseph K. Jones, Esq.
Benjamin J. Wolf, Esq.
JONES WOLF & KAPASI
375 Passaic Avenue, Suite 100
Fairfield, NJ 07004
Telephone: (973) 227-5900
E-mail: jkj@legaljones.com
bwolf@legaljones.com
Defendants-Appellants LAW OFFICES OF LAURA S. MANN LLC and LAURA
S. MANN, ESQ., are represented by:
Craig J. Compoli, Jr., Esq.
O'TOOLE SCRIVO FERNANDEZ WEINER VAN LIEU
14 Village Park Road
Cedar Grove, NJ 07009
Telephone: (973) 239-5700
E-mail: ccompoli@oslaw.com
- and -
Laura S. Mann, Esq.
LAW OFFICES OF LAURA S. MANN, LLC
85 Newark Pompton Turnpike
Riverdale, NJ 07457
Telephone: (973) 506-4881
Facsimile: (973) 506-4883
E-mail: laura@mannlegal.biz
Defendants-Appellees ARI H. MARCUS, YITZCHAK ZELMAN and MARCUS &
ZELMAN LLC are represented by:
Meredith K. Stoma, Esq.
MORGAN MELHUISH ABRUTYN
651 West Mount Pleasant Avenue, Suite 200
Livingston, NJ 07039
Telephone: (973) 994-2500
E-mail: mstoma@morganlawfirm.com
JOSEPH K. JONES: Marcus Appeals Ruling in "Winters" to 3rd Cir.
---------------------------------------------------------------
Defendants Ari H. Marcus, Marcus & Zelman LLC and Yitzchak Zelman
filed an appeal from a court ruling in the lawsuit entitled
Jeffrey A. Winters, et al. v. Joseph K. Jones, et al., Case No.
2-16-cv-09020, in the U.S. District Court for the District of New
Jersey.
The appellate case is captioned as Jeffrey Winters, et al. v. Ari
Marcus, et al., Case No. 18-1355, in the United States Court of
Appeals for the Third Circuit.
As reported in the Class Action Reporter on Feb. 16, 2018, the
District Court granted the Defendant's Motion to Dismiss the
case.
Plaintiff Collection Solutions, Inc., is a New Jersey corporation
that primarily provides debt collection services. Plaintiff
Jeffrey Winters is the sole shareholder of Collection Solutions,
Inc. Defendants Joseph Jones and Benjamin Wolf are attorneys who
practice at the firm of Jones, Wolf & Kapasi, LLC. Defendant
Laura Mann is an attorney and the principal at the firm of Laura
S. Mann, LLC. Defendants Ari Marcus and Yitzchak Zelman are
attorneys and the principals of the firm of Marcus & Zelman, LLC.
The Plaintiffs claim that "the particular actionable conduct
perpetrated by Defendants against Plaintiffs . . . was the class
action litigation . . . Juliette Chapa, et al[.] v[.] Charles I.
Turner Esq., and United Credit Specialists et al.,2 in the
Federal District Court of New Jersey, Case No. 2:15-cv-03125."
("Chapa Case"). Plaintiffs settled the Chapa Case for $12,000 in
September 2016. Plaintiffs allege that the Chapa Case is
illustrative of Defendants' enterprise pursuant to The Racketeer
Influenced and Corrupt Organizations Act ("RICO") of joining
together to bring sham class action lawsuits against debt
collection agencies.
The Plaintiffs allege that at some point prior to 2013,
Defendants formed a RICO enterprise that "avoided Small Claims
Courts or unprofitable immediate payment of nominal claims
without attorney's fees, by filing sham putative class actions in
Federal court en masse on theory that the vast majority of the
relatively deep-pocket defendants (mostly debt collection
companies) would view a quick settlement for under $100,000 as
basically a nuisance claim; with the rare contested case only
confirming to victim defendants the practical advisability of
settling early on a class basis."
"To perpetuate the alleged sham class actions, Defendants search
out, solicit, and develop professional plaintiffs retained to
pose as theoretical least sophisticated consumers. Defendants
falsely impute imaginary false damages to those professional
plaintiffs," the Plaintiffs said.
To support these allegations, Plaintiffs point to five cases
filed on behalf of the same plaintiff (Marni Tntglio), where Ari
Marcus on behalf of Marcus & Zelman LLC was co-counsel.
The Plaintiffs allege that Defendants violated the federal RICO
statute, 18 U.S.C. Section 1961 and the New Jersey RICO statute,
N.J.S.A. 2C:41-1. Additionally, Plaintiffs assert that
Defendants committed fraud, negligence, and legal malpractice
through their participation in the RICO scheme. Thus, the Court
has federal question jurisdiction over the federal RICO claim and
supplemental jurisdiction over the New Jersey RICO, fraud,
negligence, and legal malpractice claims.
The Plaintiffs claim that Defendants' RICO liability stems from
their filing of class actions pursuant to the FDCPA.[BN]
Plaintiffs-Appellees JEFFREY A. WINTERS and COLLECTION SOLUTIONS
INC, A New Jersey Corporation; on their own behalf and behalf of
all others similarly situated, are represented by:
David M. Hoffman, Esq.
28 Countryside Drive
Baskin Ridge, NJ 07920
Telephone: (908) 608-0333
E-mail: dhoffman@david-hoffman-esq.com
Defendants-Appellants ARI H. MARCUS, YITZCHAK ZELMAN and MARCUS &
ZELMAN LLC are represented by:
Meredith K. Stoma, Esq.
MORGAN MELHUISH ABRUTYN
651 West Mount Pleasant Avenue, Suite 200
Livingston, NJ 07039
Telephone: (973) 994-2500
E-mail: mstoma@morganlawfirm.com
Defendants-Appellees JOSEPH K. JONES, ESQ., BENJAMIN J. WOLF,
ESQ., and JONES WOLF & KAPASI LLC are represented by:
Craig L. Steinfeld, Esq.
Anthony J. Sylvester, Esq.
SHERMAN WELLS SYLVESTER & STAMELMAN
210 Park Avenue, 2nd Floor
Florham Park, NJ 07932
Telephone: (973) 302-9697
E-mail: csteinfeld@shermanwells.com
asylvester@shermanwells.com
- and -
Joseph K. Jones, Esq.
Benjamin J. Wolf, Esq.
JONES WOLF & KAPASI
375 Passaic Avenue, Suite 100
Fairfield, NJ 07004
Telephone: (973) 227-5900
E-mail: jkj@legaljones.com
bwolf@legaljones.com
Defendants-Appellees LAW OFFICES OF LAURA S. MANN LLC and LAURA
S. MANN, ESQ., are represented by:
Craig J. Compoli, Jr., Esq.
O'TOOLE SCRIVO FERNANDEZ WEINER VAN LIEU
14 Village Park Road
Cedar Grove, NJ 07009
Telephone: (973) 239-5700
E-mail: ccompoli@oslaw.com
- and -
Laura S. Mann, Esq.
LAW OFFICES OF LAURA S. MANN, LLC
85 Newark Pompton Turnpike
Riverdale, NJ 07457
Telephone: (973) 506-4881
Facsimile: (973) 506-4883
E-mail: laura@mannlegal.biz
KEMET CORP: Five Rivers Suit Alleges Inductor Price-fixing
----------------------------------------------------------
Five Rivers Electronic Innovations LLC, on behalf of itself and
others similarly situated, Plaintiff, v. Kemet Corporation, Kemet
Electronics Corporation, Murata Electronics North America, Inc.,
Murata Manufacturing Co., Ltd., Nec Corporation, Okaya Electric
America Inc., Okaya Electric Industries Co., Ltd., Panasonic
Corporation, Panasonic Corporation Of North America, Panasonic
Electronic Devices Co. Ltd, Panasonic Industrial Devices Sales
Company Of America, Sanyo Electric Co., Ltd., Sanyo North America
Corporation, Sumida America Components, Inc., Sumida Corporation,
Sumida Electric Co., Ltd., Taiyo Yuden Co., Ltd., Taiyo Yuden
(U.S.A.) Inc., TDK Corporation, TDK-EPC Corporation, TDK U.S.A.
Corporation, Tokin Corporation, Tokin America, Inc., Toko Inc.
and Japan Electronics and Information Technology Industries
Association, Defendant, Case No. 18-cv-00851 (N.D. Cal., February
8, 2018), seeks damages and any other available legal or
equitable remedies resulting from violations of the Sherman Act.
Defendants are manufacturers of discrete inductors and are
accused of fixing and stabilizing the prices of inductors.
Discrete inductors are passive electronic components fixed to a
circuit board and are ubiquitous in thousands of products that
rely on electronic circuits for power including laptop and
desktop computers, cars, televisions, wireless handsets, video
game consoles and wireless LAN boxes. Defendants allegedly formed
a cartel in the late 1990s resulting from increased competition
from Korean and Taiwanese manufacturers.
Five Rivers is a company that purchased Inductors and/or products
containing inductors directly from one or more of the Defendants.
[BN]
Plaintiff is represented by:
Joseph R. Saveri, Esq.
Jiamin Chen, Esq.
Nicomedes Sy Herrera, Esq.
V. Prentice, Esq.
Demetrius X. Lambrinos, Esq.
James Dallal, Esq.
JOSEPH SAVERI LAW FIRM, INC.
601 California Street, Suite 1000
San Francisco, CA 94108
Telephone: (415) 500-6800
Facsimile: (415) 395-9940
Emails: jsaveri@saverilawfirm.com
jchen@saverilawfirm.com
nherrera@saverilawfirm.com
vprentice@saverilawfirm.com
dlambrinos@saverilawfirm.com
jdallal@saverilawfirm.com
- and -
Eric L. Cramer, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875-3000
Facsimile: (215) 875-4604
Email: ecramer@bm.net
- and -
Vincent J. Esades, Esq.
HEINS MILLS & OLSON, P.L.C.
310 Clifton Avenue
Minneapolis, MN 55403
Telephone: (612) 338-4605
Facsimile: (612) 338-4692
Email: vesades@heinsmills.com
- and -
Howard J. Sedran, Esq.
Austin B. Cohen, Esq.
LEVIN SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
Facsimile: (215) 592-4663
Email: hsedran@lfsblaw.com
acohen@lfsblaw.com
- and -
Roberta D. Liebenberg, Esq.
Paul Costa, Esq.
FINE, KAPLAN AND BLACK R.P.C.
One South Broad Street, 23rd Floor
Philadelphia, PA 19107
Telephone: (215) 567-6565
Facsimile: (215) 568-5872
Email: rliebenberg@finekaplan.com
pcosta@finekaplan.com
- and -
Jason S. Hartley, Esq.
STUEVE SIEGEL HANSON LLP
550 West C Street, Suite 1750
San Diego, CA 92101
Tel: (619) 400-5822
Fax: (619) 400-5832
Email: hartley@stuevesiegel.com
- and -
Solomon B. Cera, Esq.
CERA LLP
595 Market Street, Suite 2300
San Francisco, CA 94105
Telephone: (415) 777-2230
Facsimile: (415) 777-5189
Email: scera@cerallp.com
- and -
C. Andrew Dirksen, Esq.
CERA LLP
800 Boylston St., 16th Floor
Boston, MA 02199
Telephone: (857) 453-6555
Email: cdirksen@cerallp.com
- and -
Daniel C. Girard, Esq.
Jordan Elias, Esq.
GIRARD GIBBS LLP
601 California Street, 14th Floor
San Francisco, CA 94118
Telephone: (415) 981-4800
Facsimile: (415) 981-4846
Email: dcg@girardgibbs.com
je@girardgibbs.com
LIBERTY MUTUAL: Appeals Decision in "Schiff" Suit to 9th Circuit
----------------------------------------------------------------
Defendant Liberty Mutual Fire Insurance Co. filed an appeal from
a court ruling in the lawsuit styled STAN SCHIFF, M.D. Ph.D on
behalf of himself and a class of similarly situated providers v.
LIBERTY MUTUAL FIRE INSURANCE CO., Case No. 2:17-cv-00914-MJP, in
the U.S. District Court for the Western District of Washington,
Seattle.
As previously reported in the Class Action Reporter, the lawsuit
is a class action over alleged reductions Defendants Liberty
Mutual Fire Insurance Company and Liberty Mutual Insurance
Company have made to bills from health care providers for
services rendered to accident victims covered by personal injury
protection policies (PIP).
The Plaintiff alleges that Liberty Mutual reduces bills for PIP
coverage to the 80th percentile of charges, regardless of whether
the reductions are reasonable or not. This lawsuit claimed that
this practice violates state law on PIP coverage requiring
Liberty Mutual to provide coverage for all reasonable medical
expenses and also violates the Washington Consumer Protection
Act.
The appellate case is captioned as STAN SCHIFF, M.D. Ph.D on
behalf of himself and a class of similarly situated providers v.
LIBERTY MUTUAL FIRE INSURANCE CO., Case No. 18-35116, in the
United States Court of Appeals for the Ninth Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- March 16, 2018 -- Transcript shall be ordered;
-- April 16, 2018 -- Transcript shall be filed by court
reporter;
-- May 25, 2018 -- Appellant's opening brief and excerpts of
record shall be served and filed pursuant to FRAP 32 and
9th Cir. R. 32-1; and
-- June 25, 2018 -- Appellee's answering brief and excerpts of
record shall be served and filed pursuant to FRAP 32 and
9th Cir. R. 32-1.[BN]
LTD FINANCIAL: Faces "Olender" Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against LTD Financial
Services Limited Partnership. The case is styled as Dana Olender
and Wilson Maymi, individually and on behalf of all others
similarly situated, Plaintiffs v. LTD Financial Services Limited
Partnership, Defendant, Case No. 1:18-cv-01631 (E.D. N.Y.,
March 15, 2018).
LTD Financial Services, LP, a collection agency, provides
collection and custom call center solutions in the United
States.[BN]
The Plaintiffs appears PRO SE.
MACKENZIE-CHILDS: Faces "Kiler" Suit in E.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Mackenzie-Childs,
LLC. The case is styled as Marion Kiler, individually and as the
representative of a class of similarly situated persons,
Plaintiff v. Mackenzie-Childs, LLC, Defendant, Case No. 1:18-cv-
01603 (E.D. N.Y., March 15, 2018).
Founded by Victoria and Richard MacKenzie-Childs, MacKenzie-
Childs is a manufacturer of ceramics and retailer of hand painted
imported furniture based in Aurora, New York.[BN]
The Plaintiff appears PRO SE.
MALIN + GOETZ: Faces "Conner" Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Malin + Goetz, Inc.
The case is styled as Mary Conner, individually and as the
representative of a class of similarly situated persons,
Plaintiff v. Malin + Goetz, Inc. and Malin + Goetz Skincare,
Inc., Defendants, Case No. 1:18-cv-02283 (S.D. N.Y., March 15,
2018).
MALIN + GOETZ Inc. formulates, manufactures, and sells skincare
products.[BN]
The Plaintiff appears PRO SE.
MARRIOTT INTERNATIONAL: Faces "Colburn" Suit in Maryland
--------------------------------------------------------
A class action lawsuit has been filed against Marriott
International, Inc. The case is styled as Gaynell C. Colburn,
individually and on behalf of others similarly situated,
Plaintiff v. Marriott International, Inc., Defendant, Case No.
1:18-cv-00801-GLR (D. Md., March 19, 2018).
Marriott International, Inc. operates, franchises, and licenses
hotel, residential, and timeshare properties worldwide.[BN]
The Plaintiff is represented by:
E David Hoskins, Esq.
The Law Offices of E David Hoskins LLC
16 E. Lombard Street, Suite 400
Baltimore, MD 21202
Tel: (410) 662-6500
Fax: (410) 662-7800
Email: davidhoskins@hoskinslaw.com
- and -
Kathleen Hyland, Esq.
Hyland Law Firm, LLC
16 E Lombard Street, Suite 400
Baltimore, MD 21202
Tel: (410) 777-5396
Fax: (410) 777-8237
Email: kat@lawhyland.com
- and -
R Bruce Carlson , Jr, Esq.
Carlson Lynch Sweet & Kilpela, LLP
1133 Penn Avenue
Pittsburgh, PA 15222
Tel: (412) 749-1677
Fax: (412) 749-1686
Email: bcarlson@carlsonlynch.com
MASSACHUSETTS MUTUAL: "Bachi" Appeals Insurance Breach Suit
-----------------------------------------------------
The plaintiff in the case styled as Karen L. Bacchi, individually
and on behalf of all persons similarly situated, Plaintiff v.
Massachusetts Mutual Life Insurance Company, Defendant, Case No.
1:12-cv-11280 (D. Mass., July 11, 2012) took an appeal from the
district court's ruling dated November 8, 2017.
In the November 8, 2017 order, Judge Denise J. Casper granted
final approval to the class settlement and awarded $9,375,000 in
attorneys' fees and $1,533,575.85 in unreimbursed litigation
expenses to class counsel and an incentive award of $3,000 to
Bacchi.
The appellate case, captioned Karen L. Bacchi, individually and
on behalf of all persons similarly situated, Plaintiff v.
Massachusetts Mutual Life Insurance Company, Defendant, Case No.
18-1096, was filed on February 7, 2018, in the United States
Court of Appeals for the First Circuit.
Massachusetts Mutual Life Insurance Company is accused of breach
of insurance contract by Bacchi. [BN]
Plaintiff is represented by:
Jason B. Adkins, Esq.
John P. Zavez, Esq.
ADKINS, KELSTON AND ZAVEZ, P.C.
90 Canal Street, 5th Floor
Boston, MA 02114
Tel: (617) 367-1040
Fax: (617) 742-8280
Email: jadkins@akzlaw.com
jzavez@akzlaw.com
- and -
Andrew S. Friedman, Esq.
BONNETT FAIRBOURN FRIEDMAN & BALINT, P.C.
2325 E. Camelback Road, Suite 300
Phoenix, AZ 85016
Tel: (602) 274-1100
Fax: (602) 274-1199
Email: afriedman@bffb.com
- and -
F. Paul Bland, Esq.
Public Justice
1825 K Street NW, Suite 200
Washington, DC 20006
Tel: (202) 797-8600
Email: pbland@publicjustice.net
- and -
Francis J. Balint, Jr., Esq.
BONNETT FAIRBOURN, FRIEDMAN & BALINT, P.C.
2901 N. Central Avenue, Suite 1100
Phoenix, AZ 85012
Tel: (602) 274-1100
Email: fbalint@bffb.com
- and -
Mark A. Chavez, Esq.
CHAVEZ & GERTLER
42 Miller Avenue
Mill Valley, CA 94941-5572
Tel: (415) 381-5599
Email: mark@chavezgertler.com
Massachusetts Mutual Life Insurance Company is represented by:
James R. Carroll, Esq.
Kurt Wm. Hemr, Esq.
Alisha Quintana Nanda, Esq.
Skadden, Arps, Slate, Meagher & Flom LLP
500 Boylston Street
Boston, MA 02116
Tel: (617) 573-4800
Fax: (617) 573-4822
Email: James.Carroll@skadden.com
kurt.hemr@skadden.com
Alisha.Nanda@skadden.com
METROPOLITAN LIFE: Faces "Thorne" Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Metropolitan Life
Insurance Company. The case is styled as Braulio Thorne, on
behalf of himself and all others similarly situated, Plaintiff v.
Metropolitan Life Insurance Company, Defendant, Case No. 1:18-cv-
02359 (S.D. N.Y., March 16, 2018).
Metropolitan Life Insurance Company, together with its
subsidiaries, provides life insurance, annuities, employee
benefits, and asset management services in the United States.
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Tel: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
MIDLAND CREDIT: Faces "Tarazon" Suit in S.D. Texas
--------------------------------------------------
A class action lawsuit has been filed against Midland Credit
Management, Inc. The case is styled as Marcela Tarazon,
individually and on behalf of those similarly situated,
Plaintiffs v. Midland Credit Management, Inc., Midland Funding,
LLC and John Does 1-10, Defendants, Case No. 7:18-cv-00081 (S.D.
Tex., March 15, 2018).
Midland Credit Management, Inc. is engaged in the debt collection
business.[BN]
The Plaintiff is represented by:
Philip David Stern, Esq.
Stern Thomasson LLP
150 Morris Avenue
2nd Floor
Springfield, NJ 07081-1315
Tel: (973) 379-7500
Email: philip@sternthomasson.com
- and -
Andrew T. Thomasson, Esq.
Stern Thomasson LLP
150 Morris Avenue, 2nd Floor
Springfield, NJ 07081-1315
Tel: (973) 379-7500
Fax: (973) 532-5868
Email: andrew@sternthomasson.com
MK 32 RESTAURANT: Sued by Tucubal for Not Paying Minimum Wage, OT
-----------------------------------------------------------------
RICARDO ARTURO MENDEZ TUCUBAL, individually and on behalf of
others similarly situated v. MK 32 RESTAURANT CORP. (D/B/A THE
KUNJIP), MYOUNGA RESTAURANT, INC. (D/B/A THE KUNJIP), HAI HWA
PAK, and CHUNG HO, Case No. 1:18-cv-01442 (S.D.N.Y., February 16,
2018), alleges that the Plaintiff worked for the Defendants in
excess of 40 hours per week, without appropriate minimum wage,
overtime, and spread of hours compensation for the hours that he
worked.
MK 32 restaurant Corp., doing business as The Kunjip, is a
domestic corporation organized and existing under the laws of the
state of New York and maintains its principal place of business
in New York City. Myounga Restaurant, Inc., doing business as
The Kunjip, is a domestic corporation organized and existing
under the laws of the state of New York and maintains its
principal place of business in New York City. The Individual
Defendants serve or served as owners, managers, principals, or
agents of the Defendant Corporations.
The Defendants own, operate, or control a Korean Restaurant
located at 32 W 32nd St, in New York City under the name "The
Kunjip."[BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
E-mail: Faillace@employmentcompliance.com
MOSAIC SALES: "Burdoucci" Suit Seeks to Recover Overtime Pay
------------------------------------------------------------
Romello Burdoucci, on behalf of himself and all others similarly
situated Plaintiffs, v. Mosaic Sales Solutions U.S. Operating
Co., LLC, a Delaware, LLC and Samsung Electronics America, a New
York corporation, Defendant, Case No. 18-cv-02092 (W.D. Tenn.,
February 7, 2018), seeks declaratory relief, overtime premiums
for all overtime work required, suffered, or permitted by
Defendants, liquidated and/or other damages as permitted by
applicable law, and attorney's fees, costs, and expenses incurred
in this action pursuant to the Fair Labor Standards Act.
Burdoucci's job title was Samsung Experience Consultant-Lead,
working in a Samsung outlet located inside a Best Buy Store.
Mosaic Sales is a sales contractor for Samsung Electronics. [BN]
Plaintiff is represented by:
Laura Ann E. Bailey, Esq.
Alan G. Crone, Esq.
Bailey H. Dorsey, Esq.
THE CRONE LAW FIRM, PLC
88 Union Avenue, 14th Floor
Memphis, TN 38103
Tel: (901) 737-7740
(901) 474-7959
Fax: (901) 474-7926
Fax: lbailey@cronelawfirmplc.com
acrone@cronelawfirmplc.com
bdorsey@cronelawfirmplc.com
MTA NEW YORK: "Brack" Suit Seeks Unpaid Overtime Wages
------------------------------------------------------
Frederick G. Brack, on behalf of himself and all others similarly
situated, Plaintiff, v. MTA New York City Transit, Defendants,
Case No. 18-cv-00846, (E.D. N.Y., February 7, 2018), seeks
compensatory relief and liquidated damages equal to their unpaid
compensation, interest, reasonable attorneys' fees, costs and
disbursements of this action and such other relief under the Fair
Labor Standards Act.
MTA NYC Transit is a public agency administering 24 subway lines
with 468 stations within Manhattan, the Bronx, Brooklyn and
Queens, as well as the Staten Island Railway and the New York
City buses. Brack worked for MTA as an administrative staff
analyst where he claims to have worked 12-hour shifts on
Saturdays six or seven times each year, all without overtime pay.
[BN]
Plaintiff is represented by:
Andrew C. Quinn, Esq.
THE QUINN LAW FIRM
399 Knollwood Road, Suite 220
White Plains, NY 10603
Phone: (914) 997 0555
Email: aquinn@quinnlawny.com
- and -
Gregory K. McGillivary, Esq.
Diana J. Nobile. Esq.
WOODLEY & McGILLIVARY LLP
1101 Vermont Avenue, N.W., Suite 1000
Washington, DC 20005
Phone: (202) 833-8855
Fax: (202) 452-1090
Email: gkm@wmlaborlaw.com
djn@wmlaborlaw.com
MULLEN & IANNARONE: Faces "Romero" Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Mullen & Iannarone,
P.C. The case is styled as Nancy M. Romero, individually and on
behalf of all others similarly situated, Plaintiff v. Mullen &
Iannarone, P.C., Defendant, Case No. 2:18-cv-01630 (E.D. N.Y.,
March 15, 2018).
Mullen And Iannarone, P.C. was founded in 1969. The company's
line of business includes providing full service legal
advice.[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
MUTUAL OF AMERICA: Faces "Thorne" Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Mutual of America
Life Insurance Company. The case is styled as Braulio Thorne, on
behalf of himself and all others similarly situated, Plaintiff v.
Mutual of America Life Insurance Company, Defendant, Case No.
1:18-cv-02436 (S.D. N.Y., March 19, 2018).
Mutual of America Life Insurance Company operates as a broker-
dealer that provides group and individual variable annuity
contracts and related services for the pension, retirement, and
long-range savings needs of various organizations and their
employees.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Tel: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
NETVOICE OF MISSISSIPPI: Fails to Pay Workers OT, Action Claims
---------------------------------------------------------------
Elizabeth Ann Goodrich, individually and on behalf of all others
similarly situated v. Netvoice of Mississippi, Inc., Case No.
1:18-cv-01035-STA-egb (W.D. Tenn., February 20, 2018), is brought
against the Defendants for failure to pay overtime for all hours
worked over 40 in each workweek.
Located at 1087 Augusta Drive, Oxford, MS 38655, Netvoice of
Mississippi, Inc. provides phone answering services to businesses
all over America. [BN]
The Plaintiff is represented by:
Douglas B. Janney III, Esq.
LAW OFFICES OF DOUGLAS B. JANNEY, III
2002 Richard Jones Rd., Suite B-200
Nashville, TN 37215
Telephone: (615) 742-5900
Facsimile: (615)742-5958
E-mail: doug@janneylaw.com
- and -
Charles Yezbak, Esq.
YEZBAK LAW OFFICES
2002 Richard Jones Rd., Suite B-200
Nashville, TN 37215
Telephone: (615) 250-2000
Facsimile: (615) 250-2020
E-mail: yezbak@yezbaklaw.com
- and -
Clif Alexander, Esq.
Austin W. Anderson, Esq.
ANDERSON2X, PLLC
819 N. Upper Broadway
Corpus Christi, TX 78401
Telephone: (361) 452-1279
Facsimile: (361) 452-1284
E-mail: clif@a2xlaw.com
austin@a2xlaw.com
NEUTRON HOLDINGS: Alcantara Files Suit Over Telemarketing Calls
---------------------------------------------------------------
Kaylin Alcantara, individually and on behalf of all others
similarly situated, Plaintiff, v. Neutron Holdings, Inc.,
Defendant, Case No. 18-cv-00195, (W.D. Wash., February 7, 2018),
seeks statutory damages and injunctive relief pursuant to the
Telephone Consumer Protection Act.
Defendant operates as Limebike, a bicycle sharing application.
Defendant allegedly used an automatic telephone dialing system to
place its call to Alcantara's cellular phone seeking to solicit
business by way of promotions. [BN]
Plaintiff is represented by:
Abbas Kazerounian, Esq.
Matthew M. Loker, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
Email: ak@kazlg.com
clark@kazlg.com
- and -
Joshua Swigart, Esq.
Yana A. Hart, Esq.
HYDE AND SWIGART
2221 Camino Del Rio South, Suite 101
San Diego, CA 92108
Telephone: (619) 233-7770
Facsimile: (619) 297-1022 to 26
Email: Josh@westcoastlitigation.com
yana@westcoastlitigation.com
NEW YORK, NY: Clark Files Class Suit in S.D.N.Y.
------------------------------------------------
A class action lawsuit has been filed against the City of New
York. The case is styled as Jamilla Clark, Arwa Aziz and Turning
Point for Women and Families, on behalf of herself and others
similarly situated, Plaintiffs v. City of New York, Defendant,
Case No. 1:18-cv-02334 (S.D. N.Y., March 16, 2018).
The City of New York, often called New York City or simply New
York, is the most populous city in the United States.[BN]
The Plaintiff is represented by:
Ogilvie Andrew Fraser Wilson, Esq.
Emery Celli Brinckerhoff & Abady, LLP
600 Fifth Avenue 10th Floor
New York, NY 10020
Tel: (212) 763-5000
Fax: (212) 763-5001
Email: awilson@ecbalaw.com
NEW YORK LIFE: Faces "Thorne" Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against New York Life
Insurance Company. The case is styled as Braulio Thorne, on
behalf of himself and all others similarly situated, Plaintiff v.
New York Life Insurance Company, Defendant, Case No. 1:18-cv-
02358 (S.D. N.Y., March 16, 2018).
New York Life Insurance Company, a mutual life insurance company,
together with its subsidiaries, provides a range of insurance and
investment products and services.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Tel: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
NEW YORK MEDIA: Faces "Sullivan" Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against New York Media LLC.
The case is styled as Phillip Sullivan Jr., on behalf of himself
and all others similarly situated, Plaintiff v. New York Media
LLC, Defendant, Case No. 1:18-cv-02343 (S.D. N.Y., March 16,
2018).
New York Media LLC, through its subsidiaries, publishes
magazines, Websites, and electronic magazines. It offers New York
Magazine that covers, analyzes, comments on, and defines the
news, culture, entertainment, lifestyle, fashion, and
personalities of New York City; and nymag.com, a Website that
provides coverage of politics, personalities, entertainment,
fashion, and food.[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
NORTHSTAR MEMORIAL: NSMG Removes "Uschold" Suit to N.D. Calif.
--------------------------------------------------------------
Defendant NSMG Shared Services, LLC, removes the lawsuit styled
WILLIAM USCHOLD and TYRONE DANGERFIELD, each individually and on
behalf of others similarly situated v. NORTHSTAR MEMORIAL GROUP,
et al., from the state court to the U.S. District Court for the
Northern District of California on February 16, 2018. The
District Court Clerk assigned Case No. 4:18-cv-01037 to the
proceeding.
NSMG is a limited liability company organized under the laws of
the state of Delaware and maintains its headquarters in Houston,
Texas. The operations management, human resources, finance,
information technology, distribution operations, legal, and sales
and marketing functions for NSMG are managed from the Houston
headquarters.
A declaration signed by Brian Davis states that NSMG's records
indicate that the Plaintiffs and the putative class members were
employed by NSMG in California, and are currently residents of
California. Records show that NSMG employed at least 107 current
and former employees, who held the same job titles as the
Plaintiffs, who resided in the State of California between
January 18, 2013 and the present.
Brian Davis, who is currently the Chief Accounting and
Administration Officer for NSMG, tells the Court that there is no
legal entity named Northstar Memorial Group (d/b/a Chapel of the
Chimes), and that this is not an existing entity under the laws
of any state. Brian Davis adds that NSMG is not registered as
doing business under the fictitious name "Northstar Memorial
Group Shared Services, LLC."[BN]
Defendant NSMG SHARED SERVICES, LLC (Sued herein erroneously as
Northstar Memorial Group; Northstar Memorial Group d/b/a Chapel
of the Chimes; Chapel ofthe Chimes; and NSMG Shared Services, LLC
d/b/a Northstar Memorial Group Shared Services LLC) is
represented by:
Joanna L. Brooks, Esq.
Michael W. Nelson, Esq.
LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
Telephone: (925) 932-2468
Facsimile: (925) 946-9809
E-mail: jbrooks@littler.com
mwnelson@littler.com
OASIS LEGAL: Appeals Dismissal Order in "Davis" Suit to 11th Cir.
-----------------------------------------------------------------
Defendants Oasis Legal Finance Holding Company, LLC, Oasis Legal
Finance Operating Company, LLC and Oasis Legal Finance, LLC,
filed an appeal from the District Court's November 15, 2017 order
in the lawsuit entitled Lizzie Davis, et al. v. Oasis Legal
Finance Operating, et al., Case No. 3:17-cv-00022-DHB-BKE, in the
U.S. District Court for the Southern District of Georgia.
The November 15 Order granted in part and denied in part the
Defendants' motion to dismiss the complaint and to strike class
action allegations.
As reported in the Class Action Reporter, the Defendants have
previously filed an appeal from a court ruling in the lawsuit.
The case was removed from the Supreme Court of Georgia to the
District Court. The Plaintiffs assert that they entered into
loan agreements with Oasis. They allege that said agreements are
void because they are deemed usurious under Georgia Law.
The appellate case is captioned as Lizzie Davis, et al. v. Oasis
Legal Finance Operating, et al., Case No. 18-10526, in the United
States Court of Appeals for the Eleventh Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Appellant's Certificate of Interested Persons was due
before February 26, 2018, as to Appellant Oasis Legal
Finance Holding Company, LLC; and
-- Appellee's Certificate of Interested Persons was due
before March 12, 2018, as to Appellee Lizzie Davis.[BN]
Plaintiffs-Appellees LIZZIE DAVIS, individually and on behalf of
all others similarly situated; DENNIS GREEN, individually and on
behalf of all others similarly situated; JOHNNY MOODY,
individually and on behalf of all others similarly situated; JOHN
SUBER, individually and on behalf of all others similarly
situated; SHIRLEY WILLIAMS, individually and on behalf of all
others similarly situated; and PAMELA DAVIS, individually and on
behalf of all others similarly situated, are represented by:
Jeremy S. McKenzie, Esq.
KARSMAN MCKENZIE & HART
21 W Park Avenue
Savannah, GA 31401
Telephone: (912) 480-9999
E-mail: jeremy@kmtrial.com
- and -
Robert Bartley Turner, Esq.
SAVAGE TURNER PINCKNEY, PC
102 E Liberty St., 8th Floor
PO Box 10600
Savannah, GA 31412
Telephone: (912) 231-1140
E-mail: bturner@savagelawfirm.net
Defendants-Appellants OASIS LEGAL FINANCE OPERATING COMPANY, LLC;
OASIS LEGAL FINANCE, LLC; and OASIS LEGAL FINANCE HOLDING
COMPANY, LLC, are represented by:
Kara Cleary, Esq.
BARNES & THORNBURG, LLP
3475 Piedmont Rd. NE, Suite 1700
Atlanta, GA 30305-2954
Telephone: (404) 264-4019
E-mail: kcleary@btlaw.com
- and -
William M. McErlean, Esq.
Christine Skoczylas, Esq.
BARNES & THORNBURG, LLP
1 N Wacker Drive, Suite 4400
Chicago, IL 60606-2833
Telephone: (312) 357-1313
Facsimile: (312) 759-5646
E-mail: william.mcerlean@btlaw.com
christine.skoczylas@btlaw.com
OXFORD HEALTH: Overcharges Cost of Drugs, "Mohr-Lercara" Claims
---------------------------------------------------------------
ANNA MOHR-LERCARA, Individually and on Behalf of All Others
Similarly Situated v. OXFORD HEALTH INSURANCE, INC., OPTUM, INC.,
and OPTUM RX, INC., Case No. 7:18-cv-01427 (S.D.N.Y., February
16, 2018), alleges that the Defendants and their co-conspirators
have engaged in a scheme to defraud patients by overcharging
patients for the cost of medically necessary prescription drugs.
The Plaintiff brings the lawsuit on behalf of those who received
prescription drug benefits through a group health plan issued or
administered by Oxford Health Insurance Inc. She accuses the
Defendants of violating (a) the Employee Retirement Income
Security Act of 1974 and (b) the Racketeering Influenced and
Corrupt Organizations Act, resulting from the Defendants' common
fraudulent and deceptive scheme to artificially inflate
prescription costs causing consumers to pay more than they
otherwise should have paid for medically necessary prescription
drugs.
OHI is a licensed health insurance company incorporated in New
York with its principal place of business in Trumbull,
Connecticut. OHI is a wholly-owned subsidiary of UnitedHealth
Group, Inc. OHI provides and administers health and pharmacy
benefits to patients. OHI provides these pharmacy benefits in
part through Optum, Inc., and Optum Rx, Inc.
Optum, Inc., is a Delaware corporation with its principal place
of business in Eden Prairie, Minnesota. Optum, Inc. is a
subsidiary of United that manages OHI's pharmacy benefits.
OptumRx is a California corporation with its principal place of
business located in Irvine, California. OptumRx operates as a
subsidiary of Delaware corporation OptumRx Holdings, LLC, which
in turn operates as a subsidiary of Optum, Inc. OptumRx serves
as a PBM for OHI.[BN]
The Plaintiff is represented by:
Robert A. Izard, Esq.
Craig A. Raabe, Esq.
IZARD, KINDALL & RAABE, LLP
29 South Main Street, Suite 305
West Hartford, CT 06107
Telephone: (860) 493-6292
Facsimile: (860) 493-6290
E-mail: rizard@ikrlaw.com
craabe@ikrlaw.com
cbarrett@ikrlaw.com
- and -
William H. Narwold, Esq.
Mathew Jasinski, Esq.
MOTLEY RICE LLC
One Corporate Center
20 Church Street, 17th Floor
Hartford, CT 06103
Telephone: (860) 882-1681
Facsimile: (860) 882-1682
E-mail: bnarwold@motleyrice.com
mjasinski@motleyrice.com
- and -
Joseph P. Guglielmo, Esq.
Carey Alexander, Esq.
SCOTT+SCOTT, ATTORNEYS AT LAW, LLP
The Helmsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
Telephone: (212) 223-6444
Facsimile: (212) 223-6334
E-mail: jguglielmo@scott-scott.com
calexander@scott-scott.com
- and -
Erin Green Comite, Esq.
SCOTT+SCOTT, ATTORNEYS AT LAW, LLP
156 South Main Street
P.O. Box 192
Colchester, CT 06415
Telephone: (860) 537-5537
Facsimile: (860) 537-4432
E-mail: ecomite@scott-scott.com
- and -
Derek W. Loeser, Esq.
Gretchen S. Obrist, Esq.
KELLER ROHRBACK, LLP
1201 Third Avenue, Suite 3200
Seattle, WA 98101-3052
Telephone: (206) 623-1900
Facsimile: (206) 623-3384
E-mail: dloeser@kellerrohrback.com
gobrist@kellerrohrback.com
- and -
Ronen Sarraf, Esq.
Joseph Gentile, Esq.
SARRAF GENTILE LLP
14 Bond Street, Suite 212
Great Neck, NY 11021
Telephone: (516) 699-8890
Facsimile: (516) 699-8968
E-mail: ronen@sarrafgentile.com
joseph@sarrafgentile.com
PENNSYLVANIA HIGHER: Faces "Keegan" Suit in E.D. Pennsylvania
-------------------------------------------------------------
A class action lawsuit has been filed against Pennsylvania Higher
Education Assistance Agency. The case is styled as Daniel Keegan
and Shon Meckfessel, on behalf of themselves and all others
similarly situated, Plaintiffs v. Pennsylvania Higher Education
Assistance Agency doing business as: Fedloan Servicing doing
business as: American Education Services, Defendant, Case No.
2:18-cv-01143-CDJ (E.D. Penn., March 19, 2018).
Pennsylvania Higher Education Assistance Agency offers student
financial aid services.[BN]
The Plaintiff is represented by:
Peter D. St. Phillip, Esq.
Lowey Dannenberg, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Tel: (914) 997-0500
Fax: (914) 997-0035
Email: pstphillip@lowey.com
PERUVIAN CONNECTION: Faces "Marett" Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Peruvian
Connection, LLC. The case is styled as Lucia Marett, individually
and as the representative of a class of similarly situated
persons, Plaintiff v. Peruvian Connection, LLC, Defendant, Case
No. 1:18-cv-02282 (S.D. N.Y., March 15, 2018).
Peruvian Connection Ltd. is a United States-based retailer of
high-end women's clothing and accessories. Originally started as
a mail-order catalog, the company also sells online and through
seven retail stores.[BN]
The Plaintiff appears PRO SE.
RADAR ONLINE: Faces "Sullivan" Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Radar Online LLC.
The case is styled as Phillip Sullivan Jr., on behalf of himself
and all others similarly situated, Plaintiff v. Radar Online LLC,
Defendant, Case No. 1:18-cv-02422 (S.D. N.Y., March 19, 2018).
Radar Online is an American entertainment and gossip website that
was first published as a print and online publication in
September 2003 before becoming exclusively online.[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
REBBL INC: Faces "Richburg" Suit in E.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Rebbl, Inc. The
case is styled as Chris Richburg, individually and on behalf of
all others similarly situated, Plaintiff v. Rebbl, Inc.,
Defendant, Case No. 1:18-cv-01674 (E.D. N.Y., March 16, 2018).
Rebbl, Inc. is a plant-based beverage company.[BN]
The Plaintiff appears PRO SE.
RTX WIRELINE: Does Not Properly Pay Employees, "Chavez" Suit Says
-----------------------------------------------------------------
Adrian Chavez and Richard Chavez, individually, and on behalf of
all others similarly situated v. RTX Wireline, LLC and Jacob
Thon, Case No. 7:18-cv-00028 (W.D. Tex., February 20, 2018), is
brought against the Defendants for failure to pay minimum and
overtime wages in violation of the Fair Labor Standards Act.
The Defendants own and operate a wireline company located at #29
Sandia Court, Odessa, TX 79765. [BN]
The Plaintiff is represented by:
Drew N. Herrmann, Esq.
HERRMANN LAW, PLLC
777 Main St., Suite 600
Fort Worth, TX 76102
Telephone: (817) 479-9229
Facsimile: (817) 887-1878
E-mail: drew@herrmannlaw.com
RUBY TUESDAY: Faces "Bluestone" Suit Over False Proxy Statement
---------------------------------------------------------------
Robert Bluestone, individually and on behalf of all others
similarly situated v. Ruby Tuesday, Inc., Stephen I. Sadove, Mark
W. Addicks, Donald E. Hess, F. Lane Cardwell, Jr., Kevin T.
Clayton, Jeffrey J. O'Neill, and James F. Hyatt, II, Case No.
3:18-cv-00063 (E.D. Tenn., February 21, 2018), is brought on
behalf of all the former holders of Ruby Tuesday, Inc. common
stock to enjoin the go-private sale of the Company to certain
affiliates of NRD Capital Management for $2.40 per share.
According to the complaint, Ruby filed a Preliminary Proxy
Statement the U.S. Securities and Exchange Commission, which
recommends that Neustar stockholders vote in favor of the
Proposed Transaction. However, the Proxy omits material
information concerning, among other things: (a) management's
financial projections reflecting the scenario where Ruby
Tuesday monetizes its real estate (e.g., through a sale and
leaseback or financing transaction) and completes the turnaround
plan to return value to the Company's stockholders; (b)
management's sale and leaseback analysis and valuation based on
same; (c) same store sales growth rate numbers for fiscal years
2018-2022; and (d) management's financial projections dated
November 11, 2016, February 6, 2017 and March 7, 2017, each which
were provided to the Board, used to value the Company by
UBS, and indicated higher valuations for the Company than the
revised down, lowest financial projections used in the fairness
analyses. The failure to adequately disclose such material
information constitutes a violation of the Exchange Act as
stockholders need such information in order to cast a fully-
informed vote in connection with the Proposed Transaction. The
Complaint says the Proposed Transaction will unlawfully divest
Ruby's public stockholders of the Company's valuable assets
without fully disclosing all material information concerning the
Proposed Transaction to Company stockholders. To remedy
defendants' Exchange Act violations, Plaintiff seeks to enjoin
the stockholder vote on the Proposed Transaction unless and until
such problems are remedied.
Ruby Tuesday, Inc., together with its subsidiaries, engages in
the ownership, development, operation, and franchise of casual
dining restaurants under the Ruby Tuesday name in the United
States and internationally. [BN]
The Plaintiff is represented by:
David W. Garrison, Esq.
Jerry E. Martin, Esq.
BARRETT JOHNSTON MARTIN & GARRISON, LLC
Bank of America Plaza
414 Union Street, Suite 900
Nashville, TN 37219
Telephone: (615) 244-2202
Facsimile: (615) 252-3798
E-mail: jmartin@barrettjohnston.com
dgarrison@barrettjohnston.com
- and -
David T. Wissbroecker, Esq.
Danielle S. Myers, Esq.
Eun Jin Lee, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101-8498
Telephone: (619) 231-1058
Facsimile: (619) 231-7423
E-mail: DWissbroecker@rgrdlaw.com
DaniM@rgrdlaw.com
elee@rgrdlaw.com
- and -
Christopher H. Lyons, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
414 Union Street, Suite 900
Nashville, TN 37219
Telephone: (615) 244-2203
Facsimile: (615) 252-3798
E-mail: CLyons@rgrdlaw.com
- and -
W. Scott Holleman, Esq.
JOHNSON FISTEL, LLP
40 Powder Springs Street
Marietta, GA 30064
Telephone: (770) 200-3104
Facsimile: (770) 200-3101
E-mail: FrankJ@JohnsonFistel.com
SBS TRUST: Faces "Smith" Suit in C.D. California
------------------------------------------------
A class action lawsuit has been filed against SBS Trust Deed
Network. The case is styled as Yvonne Smith, individually and on
behalf of others similarly situated, Plaintiff v. SBS Trust Deed
Network, Parkview Village Property Owners Maintenance
Association, Weldon L. Brown Company, Inc. and DOES 1 through 10
inclusive, Defendants, Case No. 5:18-cv-00538 (C.D. Cal., March
16, 2018).
S.B.S. Trust Deed Network, a financial services company, provides
foreclosure, reconveyance, monitor and bidding, and other
financial services.[BN]
The Plaintiff appears PRO SE.
SCANA CORPORATION: City of Warren Class Suit Removed to D.S.C.
--------------------------------------------------------------
The class action lawsuit filed on January 23, 2018 captioned City
of Warren Police and Fire Retirement System, individually and on
behalf of all others similarly situated v. SCANA Corporation,
Dominion Energy, Inc., Sedona Corp., Jimmy E. Addison, Gregory E.
Aliff, James A. Bennett, John F.A.V. Cecil, Sharon A. Decker, D.
Maybank Hagood, Lynne M. Miller, James W. Roquemore, Maceo K.
Sloan, and Alfredo Trujillo, Case No. 2018-CP-32-0268, was
removed on February 21, 2018, from the Court of Common Pleas for
the Eleventh Judicial Circuit, County of Lexington, State of
South Carolina, to the United States District Court for the
District of South Carolina, Columbia Division. The District Court
Clerk assigned Case No. 3:18-cv-00509-MBS to the proceeding.
The Defendants own and operate a power and energy company
headquartered in Richmond, Virginia. [BN]
The Defendant is represented by:
William W. Wilkins, Esq.
Burl F. Williams, Esq.
Andrew A. Mathias, Esq.
55 East Camperdown Way, Suite 400 (29601)
Post Office Drawer 10648
Greenville, SC 29603-0648
Telephone: (864) 370-2211
Facsimile: (864) 282-1177
E-mail: BWilkins@nexsenpruet.com
BWilliams@nexsenpruet.com
AMathias@nexsenpruet.com
- and -
Brian E. Pumphrey, Esq.
MCGUIRE WOODS LLP
Gateway Plaza 800 East Canal Street
Richmond, VA 23219-3916
Telephone: (804) 775-7745
Facsimile: (804) 698-2018
E-mail: bpumphrey@mcguirewoods.com
SEARS HOLDINGS: Faces "Moss" Suit in E.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Sears Holdings
Corporation. The case is styled as Maxine Moss, on behalf of
herself and all others similarly situated, Plaintiff v. Sears
Holdings Corporation, Defendant, Case No. 2:18-cv-01663-SJF-AYS
(E.D. N.Y., March 16, 2018).
Sears Holdings Corporation is an American holding company
headquartered in Hoffman Estates, Illinois, a suburb of Chicago.
It is the owner of retail store brands Sears and Kmart, and was
founded after the latter purchased the former in 2005.[BN]
The Plaintiff is represented by:
Sergei Lemberg, Esq.
Lemberg Law, LLC
43 Danbury Road
Wilton, CT 06897
Tel: (203) 653-2250
Fax: (203) 653-3424
Email: slemberg@lemberglaw.com
SIMM ASSOCIATES: Faces "Roscoe" Suit in C.D. California
-------------------------------------------------------
A class action lawsuit has been filed against Simm Associates,
Inc. The case is styled as Leah Roscoe, an individual, on behalf
of herself and all others similarly situated, Plaintiff v. Simm
Associates, Inc., a Delaware Corporation, Defendant, Case No.
2:18-cv-02212-CAS-MRW (C.D. Cal., March 15, 2018).
Simm Associates, Inc. was founded in 1991. The company's line of
business includes collection and adjustment services on claims
and other insurance related issues.
The Plaintiff is represented by:
John Ryan Gustafson, Esq.
Gustafson Nicolai PC
222 North Sepulveda Boulevard Suite 2000
El Segundo, CA 90245
Tel: (310) 361-0787
Email: jrg@gnlawpc.com
- and -
Adam Charles Nicolai, Esq.
Gustafson Nicolai PC
222 North Sepulveda Boulevard Suite 2000
El Segundo, CA 90245
Tel: (310) 361-0787
Fax: (310) 846-8938
Email: acn@gnlawpc.com
STANAN MANAGEMENT: Faces "Flores" Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Stanan Management
Corp. The case is styled as Luis Flores, on behalf of himself and
all similarly situated individuals, Plaintiff v. Stanan
Management Corp., Defendant, Case No. 2:18-cv-01614-JMA-ARL (E.D.
N.Y., March 15, 2018).
Stanan Group is a full-service organization providing single-
source expertise in every phase of real estate development and
management.[BN]
The Plaintiff is represented by:
Abel L. Pierre, Esq.
Law Office of Abel L. Pierre, Attorney at Law, P.C
140 Broadway
46th floor
New York, NY 10005
Tel: (212) 766-3323
Fax: (212) 766-3322
Email:abel@apierrelaw.com
STONE ENERGY: Franchi Files Suit Over Merger with Talos Energy
--------------------------------------------------------------
Anthony Franchi, individually and on behalf of all others
similarly situated, Plaintiff, v. Stone Energy Corporation, Neal
P. Goldman, David I. Rainey, James M. Trimble, Brad Juneau,
Charles M. Sledge, David N. Weinstein, Talos Energy LLC, Talos
Production Llc, Sailfish Energy Holdings Corporation and Sailfish
Merger Sub Corporation, Defendants, Case No. 18-cv-00167 (W.D.
La., February 8, 2018), seeks to enjoin defendants and all
persons acting in concert with them from proceeding with,
consummating or closing the merger between Stone Energy with
Talos Energy LLC, Talos Production LLC, Sailfish Energy Holdings
Corporation and Sailfish Merger Sub Corporation, rescinding it in
the event defendants consummate the merger. The lawsuit also
seeks rescissory damages, costs of this action, including
reasonable allowance for plaintiff's attorneys' and experts' fees
and such other and further relief under the Securities Exchange
Act of 1934.
Each outstanding share of Stone Energy common stock will be
exchanged for one share of Talos Energy, Inc. common stock and
the current Talos stakeholders will be issued an aggregate of
approximately 34.2 million common shares. At closing, Talos
stakeholders will own 63% of the combined company, with Stone
Energy shareholders owning the remaining 37%.
Stone Energy is an independent oil and natural gas exploration
and production company headquartered in Lafayette, Louisiana with
an additional office in New Orleans. It is engaged in the
acquisition, exploration, development, and production of
properties in the Gulf of Mexico basin.
The complaint says the proxy statement omitted financial
projections and analyses performed by the company's financial
advisor, Petrie Partners Securities, LLC and failed to disclose
earnings, interest, taxes, and depreciation and amortization,
discretionary cash flow and free cash flow. Said disclosures
provides stockholders with a basis to project the future
financial performance of a company, and allows stockholders to
better understand the financial analyses. Franchi is a
shareholder of Stone Energy. [BN]
Plaintiff is represented by:
Eric J. O'Bell, Esq.
O'BELL LAW FIRM, LLC
3500 North Hullen Street
Metairie, LA 70002
Tel: (504) 456-8677
Fax: (504) 456-8653
Email: info@obellfirm.com
- and -
RIGRODSKY & LONG, P.A.
300 Delaware Avenue, Suite 1220
Wilmington, DE 19803
Tel: (302) 295-5310
- and -
RM LAW, P.C.
1055 Westlakes Drive, Suite 300
Berwyn, PA 19312
Tel: (484) 324-6800
SUPER MICRO: "Hessefort" Hits Share Drop from Accounting Errors
---------------------------------------------------------------
Logan Hessefort, individually and on behalf of all others
similarly situated, Plaintiff, v. Super Micro Computer, Inc.,
Charles Liang and Howard Hideshima, Defendants, Case No. 18-cv-
00838, (N.D. Cal., February 8, 2018), seeks to recover
compensable damages caused by violations of the federal
securities laws and to pursue remedies under Sections 10(b) and
20(a) of the Securities Exchange Act of 1934.
Super Micro Computer, Inc. designs, develops, manufactures and
sells server solutions based on modular and open-standard
architecture. Its products include servers, motherboards,
chassis, and accessories. Defendants failed to disclose that its
financial statements contained accounting errors, including
errors with respect to one of its sales transactions, as such,
its internal controls were not effective, it lacked the
capability to timely review and assess the impact of the
foregoing issues. Following this news, Super Micro's share price
fell $1.83, or 7.4%, to close at $22.83 on January 31, 2018.
Hessefort purchased Super Micro securities at artificially
inflated prices lost upon revelation of alleged corrective
disclosure. [BN]
Plaintiff is represented by:
Jennifer Pafiti, Esq.
POMERANTZ LLP
468 North Camden Drive
Beverly Hills, CA 90210
Telephone: (818) 532-6499
E-mail: jpafiti@pomlaw.com
SYSTEM ONE HOLDINGS: Denied Employees OT Pay, "Hobbs" Suit Says
---------------------------------------------------------------
Thomas Hobbs, individually and on behalf of all others similarly
situated, Plaintiff, v. System One Holdings, LLC, Defendant, Case
No. 18-cv-00181 (W.D. Pa., February 8, 2018), seeks to recover
unpaid overtime and other damages for violation of the Fair Labor
Standards Act.
System One is a staffing firm serving energy, industrial,
engineering, information technology, professional, commercial,
healthcare, scientific and legal services where Hobbs was an
hourly employee. System one paid Hobbs at the same hourly rate
for all hours worked, including those in excess of 40 in a work
week. [BN]
Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Tel: (713) 352-1100
Fax: (713) 352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. Burch, Esq.
Matthew S. Parmet, Esq.
BRUCKNER BURCH, P.L.L.C.
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Tel: (713) 877-8788
Fax: (713) 877-8065
Email: rburch@brucknerburch.com
- and -
Joshua P. Geist, Esq.
GOODRICH & GEIST, P.C.
3634 California Ave.
Pittsburgh, PA 15212
Tel: 412-766-1455
Fax: 412-766-0300
Email: josh@goodrichandgeist.com
TOMPKINS FINANCIAL: Faces "Delacruz" Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Tompkins Financial
Company. The case is styled as Emanuel Delacruz and on behalf of
all other persons similarly situated, Plaintiff v. Tompkins
Financial Company doing business as: Tompkins Mahopac Bank,
Defendant, Case No. 1:18-cv-02333-JPO (S.D. N.Y., March 15,
2018).
Tompkins Financial Corporation is a small, diversified financial
services company based in Ithaca, New York.[BN]
The Plaintiff is represented by:
Dana Lauren Gottlieb, Esq.
Gottlieb & Associates
150 East 18th Street, Suite PHR
New York, NY 10003
Tel: (917) 796-7437
Fax: (212) 982-6284
Email: danalgottlieb@aol.com
TRAVELERS: Faces "Krpekyan" Suit in C.D. California
---------------------------------------------------
A class action lawsuit has been filed against Travelers. The case
is styled as Kristina Krpekyan, Richard Basmagyan, Andre
Basmagyan and Aram Basmagyan, individually and on behalf of
similarly situated insureds, Plaintiffs v. Travelers, Travelers
Commercial Insurance Company, Travelers Property Casualty
Insurance Company, The Standard Fire Insurance Company and
Universal 1st Insurance Services, Defendants, Case No. 12:18-cv-
02166 (C.D. Cal., March 15, 2018).
The Defendants operates in the insurance industry.[BN]
The Plaintiffs appear PRO SE.
TRW AUTOMOTIVE: Seeks 6th Cir. Review of Order in UAW ERISA Suit
----------------------------------------------------------------
Defendant TRW Automotive U.S. LLC filed an appeal from a court
ruling in the lawsuit titled UAW International, et al. v. TRW
Automotive U.S. LLC, Case No. 2:11-cv-14630, in the U.S. District
Court for the Eastern District of Michigan at Detroit.
The lawsuit alleges violations of the Employee Retirement Income
Security Act.
The appellate case is captioned as UAW International, et al. v.
TRW Automotive U.S. LLC, Case No. 18-1160, in the United States
Court of Appeals for the Sixth Circuit.[BN]
Plaintiffs-Appellees UAW INTERNATIONAL; MARTIN LAMER, for himself
and others similarly situated; JOHN YASSO, for himself and others
similarly situated; KIM TASKILA, for himself and others similarly
situated; and RONALD GARDNER, for himself and others similarly
situated, are represented by:
William Arthur Wertheimer, Jr., Esq.
LAW OFFICE OF WILLIAM ARTHUR WERTHEIMER, JR.
30515 Timberbrook Lane
Bingham Farms, MI 48025
Telephone: (248) 644-9200
E-mail: billwertheimer@gmail.com
Defendant-Appellant TRW AUTOMOTIVE U.S. LLC is represented by:
Gregory Valentin Mersol, Esq.
BAKER & HOSTETLER LLP
127 Public Square, Suite 2000
Cleveland, OH 44114
Telephone: (216) 861-7935
E-mail: gmersol@bakerlaw.com
UNITED HEALTHCARE: Faces "Hernandez" Suit in C.D. California
------------------------------------------------------------
A class action lawsuit has been filed against United Healthcare
Services, Inc. The case is styled as Christina Hernandez, an
individual, on behalf of herself and others similarly situated,
Plaintiff v. United Healthcare Services, Inc., Defendant, Case
No. 8:18-cv-00420-DOC-KES (C.D. Cal., March 16, 2018).
United HealthCare Services, Inc provides health benefit programs
for individuals and families, employers, military service
members, retirees.[BN]
The Plaintiff is represented by:
Eric B Kingsley, Esq.
Kingsley and Kingsley APC
16133 Ventura Boulevard Suite 1200
Encino, CA 91436
Tel: (818) 990-8300
Fax: (818) 990-2903
Email: eric@kingsleykingsley.com
- and -
Emil Davtyan, Esq.
Davtyan PLC
21900 Burbank Boulevard 3rd Floor
Woodland Hills, CA 91306
Tel: (818) 992-2925
Fax: (818) 975-5525
Email: emil@davtyanlaw.com
- and -
Kelsey M Peterson-More, Esq.
Kingsley and Kingsley APC
16133 Ventura Boulevard Suite 1200
Encino, CA 91436
Tel: (818) 990-8300
Fax: (818) 990-2903
Email: kelsey@kingsleykingsley.com
VIVINT SOLAR: Ninth Circuit Appeal Filed in "Del Llano" Suit
------------------------------------------------------------
Plaintiff Victor R. Del Llano filed an appeal from a court ruling
in the lawsuit styled Victor Del Llano v. Vivint Solar, Inc., et
al., Case No. 3:17-cv-01429-AJB-MDD, in the U.S. District Court
for the Southern District of California, San Diego.
As previously reported in the Class Action Reporter, the
purported class action was filed against Vivint on July 14, 2017.
The case is assigned to the Hon. Anthony J. Battaglia.
Vivint Solar is an American solar energy company. Founded in
2011 as an offshoot of Vivint home security, Vivint Solar went
public in 2014.
The appellate case is captioned as Victor Del Llano v. Vivint
Solar, Inc., et al., Case No. 18-55189, in the United States
Court of Appeals for the Ninth Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Transcript must be ordered by March 15, 2018;
-- Transcript is due on April 16, 2018;
-- Appellant Victor R. Del Llano's opening brief is due on
May 24, 2018;
-- Appellees Solar Mosaic, Inc. and Vivint Solar, Inc.'s
answering brief is due on June 25, 2018; and
-- Appellant's optional reply brief is due 21 days after
service of the answering brief.[BN]
Plaintiff-Appellant VICTOR R. DEL LLANO, individually and on
behalf of others similarly situated, is represented by:
Asil Mashiri, Esq.
MASHIRI LAW FIRM, APC
11251 Rancho Carmel Drive
San Diego, CA 92150
Telephone: (858) 348-4938
Facsimile: (858) 348-4939
E-mail: alexmashiri@yahoo.com
Defendant-Appellee VIVINT SOLAR, INC., is represented by:
Chet Alan Kronenberg, Esq.
SIMPSON THACHER & BARTLETT LLP
1999 Avenue of the Stars
Los Angeles, CA 90067
Telephone: (310) 407-7557
Facsimile: (310) 407-7564
ckronenberg@stblaw.com
Defendant-Appellee SOLAR MOSAIC, INC., is represented by:
Shannon Z. Petersen, Esq.
SHEPPARD MULLIN RICHTER & HAMPTON LLP
12275 El Camino Real
San Diego, CA 92130
Telephone: (858) 720-8900
E-mail: spetersen@sheppardmullin.com
WASHINGTON: Carey Files Class Action in W.D. Wash.
--------------------------------------------------
A class action lawsuit has been filed against Jay Inslee. The
case is styled as Justin Carey, JoBeth Deibel, David Gaston,
Roger Kinney and Keith Sanborn, as individuals, and on behalf of
all others similarly situated, Plaintiffs v. Jay Inslee, in his
official capacity as Governor of the State of Washington, David
Schumacher, in his official capacity as director of the Office of
Financial Management and Washington Education Association,
Defendants, Case No. 3:18-cv-05208-RBL (W.D. Wash., March 15,
2018).
Washington is a state in the Pacific Northwest with terrain
spanning the snow-capped Cascade Mountains to forested islands in
Puget Sound. Its largest city, Seattle, is known for its thriving
tech industry, vibrant music scene and famed coffeehouses.[BN]
The Plaintiffs are presented by:
David M.S. Dewhirst, Esq.
FREEDOM FOUNDATION
PO BOX 552
OLYMPIA, WA 98507
Tel: (360) 956-3482
Email: DDewhirst@freedomfoundation.com
- and -
Hannah S. Sells, Esq.
FREEDOM FOUNDATION
PO BOX 552
OLYMPIA, WA 98507
Tel: (360) 956-3482
Email: hsells@freedomfoundation.com
WASHINGTON: Danielson Files Class Action in W.D. Wash.
------------------------------------------------------
A class action lawsuit has been filed against Jay Inslee. The
case is styled as Dale Danielson, Benjamin Rast and Tamara
Roberson, a Washington State employee; as individuals, and on
behalf of all others similarly situated, Plaintiffs v. Jay
Inslee, in his official capacity of Governor of the State of
Washington, David Schumacher, in his official capacity as
director of the Office of Financial Management and American
Federation of State, County, and Municipal Employees, Council 28,
AFL-CIO, a labor organization, Defendants, Case No. 3:18-cv-
05206-RJB (W.D. Wash., March 15, 2018).
Washington is a state in the Pacific Northwest with terrain
spanning the snow-capped Cascade Mountains to forested islands in
Puget Sound. Its largest city, Seattle, is known for its thriving
tech industry, vibrant music scene and famed coffeehouses.[BN]
The Plaintiffs are presented by:
David M.S. Dewhirst, Esq.
FREEDOM FOUNDATION
PO BOX 552
OLYMPIA, WA 98507
Tel: (360) 956-3482
Email: DDewhirst@freedomfoundation.com
- and -
Hannah S. Sells, Esq.
FREEDOM FOUNDATION
PO BOX 552
OLYMPIA, WA 98507
Tel: (360) 956-3482
Email: hsells@freedomfoundation.com
WAYPOINT RESOURCE: "Christian" Disputes Collection Letter
---------------------------------------------------------
Christopher Christian, individually and on behalf of all others
similarly situated, Plaintiff, v. Waypoint Resource Group, LLC
and John Does 1-25, Defendant, Case No. 18-cv-00089, (E.D. Va.,
February 8, 2018), seeks damages and declaratory and injunctive
relief under the Fair Debt Collections Practices Act.
Christian incurred an obligation to Comcast Communications,
specifically cable and internet services. On or about February
13, 2017, Waypoint sent him a collection letter and settlement
offer regarding the Comcast debt. Said letter failed to mention
whether or not the account was actually accruing interest, says
the complaint. [BN]
Plaintiff is represented by:
Aryeh E. Stein, Esq.
MERIDIAN LAW, LLC
600 Reisterstown Rd, Ste. 700
Baltimore, MD 21208
Tel: (443) 326-6011
Fax: (410) 653-9061
Email: astein@meridianlawfirm.com
- and -
Yaakov Saks, Esq.
RC LAW GROUP, PLLC
285 Passaic Street
Hackensack, NJ 07601
Tel: (201) 282-6500 Ext. 101
Fax: (201) 282-6501
Email: ysaks@rclawgroup.com
WYNN RESORTS: Faces "Ferris" Suit Over Misleading Company Reports
-----------------------------------------------------------------
John V. Ferris and Joann M. Ferris, individually and on behalf of
all others similarly situated v. Wynn Resorts Limited, Stephen A.
Wynn, Craig Scott Billings, Stephen Cootey, and Matthew O.
Maddox, Case No. 1:18-cv-01549 (S.D.N.Y., February 20, 2018),
alleges that the Defendants made materially false and misleading
statements regarding the Company's business, operational and
compliance policies. Specifically, the Defendants made false and
misleading statements and failed to disclose that: (i) the
Company's founder and Chief Executive Officer, Stephen (Steve) A.
Wynn had engaged in a pattern of sexual misconduct with respect
to Wynn Resorts employees, including instances of sexual assault;
(ii) discovery of the foregoing misconduct would subject the
Company to heightened regulatory scrutiny and jeopardize Wynn's
tenure at the Company; and (iii) as a result of the foregoing,
Wynn Resorts' shares traded at artificially inflated prices
during the Class Period, and class members suffered significant
losses and damages.
Wynn Resorts Limited owns and operates luxury hotels and
destination casino resorts in Las Vegas, Nevada and Macau, China.
[BN]
The Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
- and -
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
10 South La Salle Street, Suite 3505
Chicago, IL 60603
Telephone: (312) 377-1181
Facsimile: (312) 377-1184
E-mail: pdahlstrom@pomlaw.com
*********
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