/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/180507.mbx C L A S S A C T I O N R E P O R T E R Monday, May 7, 2018, Vol. 20, No. 91 Headlines ABC CARPET: "DelaCruz" Suit Alleges ADA Violations ADVANTECH MANUFACTURING: Meyer-Van Zeeland Sues Over Unpaid OT AFLAC INCORPORATED: "Young" Suit Alleges ADA Violation ALABAMA: Bid to Certify Phase II Class in "Braggs" Suit Denied ALLIED INTERSTATE: Accused by "Pappone" Suit of Violating FDCPA AMERICAN EAGLE: Seeks 3rd Cir. Review of Ruling in "Bedoya" Suit ANZ GUAM: "Parker" Suit Alleges TILA Violations AP INTERNATIONAL: "Flores" Suit Seeks to Recover Unpaid Overtime AT&T MOBILITY: Gorss Seeks to Certify Class of Fax Ad Receivers BANCO SANTANDER: Sued by OK Firefighters Over Antitrust Violation BANK OF NOVA SCOTIA: "Richards" Suit Alleges RESPA Violation BOSWORTH PLACE: "Oliveria" Suit Seeks to Recover Unpaid Overtime CARETENDERS OF CLEVELAND: "Johnson" Suit Alleges FLSA Violation CENTRAL PARK BOATHOUSE: "Ahmeti" Suit Alleges FLSA Violation CHAMPION PETFOODS: Accused by "Loeb" of Misrepresenting Dog Foods CIOX HEALTH: Certification of Two Classes Sought in "Rave" Suit CONCORDE INVESTMENT: "Nielen-Thomas" Suit Removed to W.D. Wisc. CREDIT SUISSE AG: "Eisenberg" Sues Over Devalued Notes CROSSTOWN COURIER: Class of Couriers Certified in "Arpke" Suit CROWN CORK: Sixth Circuit Appeal Filed in "Cannon" ERISA Suit DELL INC: Stockholders Class Certified in Pontiac Retirees Suit DISTRICT OF COLUMBIA: Bid to Certify Homeless Persons Class Filed DOORDASH INC: Burger Antics Seeks to Certify Class of Restaurants DOUBLE GREEN: Sued by Najera Over Unpaid Earned Wages Under FLSA DR. MARTENS: Website not Blind-accessible, Says "Kiler" Suit DRILL CUTTINGS: Gutierrez Seeks to Certify Class Under FLSA DYNAMIC RECOVERY: Teifeld's Bid for Class Certification Stricken EQUIFAX INFO: Melo Sues Over Inaccurate Consumer Report EVENT SOURCE: Fails to Pay Overtime Under FLSA, "Rasch" Suit Says FACEBOOK INC: Faces "O'Kelly" Suit for Not Protecting Users' Info FACEBOOK INC: "Casey" Suit Alleges Exchange Act Violation FIRST ADVANTAGE: Fourth Circuit Appeal Filed in "Grimm" Suit GIGA WATT: "Balestra" Suit Alleges Securities Act Violations GOLDSMITH & HULL: Karcauskas Seeks Prelim. Nod of $20K Settlement GRITTEN WRECKER: "McCutcheon" Labor Suit to Recover Overtime Pay HAIER US: Dooner Seeks Prelim. Approval of Class Settlement HARVARD COLLECTION: "Barnes" Suit Alleges FDCPA Violation HONEYWELL INT'L: UAW Retirees Win Partial Summary Judgment ILLINOIS: Court Certifies LTC Medicaid Class in "Koss" Suit IMPERIAL MARBLE: Olson Moves to Certify Class of Ex-Employees LE SPORTSAC: "Fischler" Suit Alleges ADA Violation LVNV FUNDING: Seeks Prelim. OK Class Settlement in "Elliott" Suit MARRIOTT INT'L: Court Refuses to Certify Class in "Arias" Suit MDL 2741: "Roosevelt" Suit Included in Roundup Liability MDL MDL 2840: "Baker" Fraud Suit Transferred to S.D. Florida MERCK & CO: Faces LEHB Suit Over Zetia(R) Antitrust Violations MERCK & CO: Providence Files Suit Over Zetia Price Conspiracy MILITARY SYSTEMS: "Mosley" Suit Seeks to Recover Overtime Wages NATIONAL DOCUMENT: "Sadrarhami" Suit Alleges TCPA Violation NEW JERSEY: Aruanno Appeals Ruling in "Alves" to 3rd Cir. NORTHLAND GROUP: Santiago Obtains Final OK of Class Settlement OCWEN LOAN: FCCPA Class and FDCPA Subclass Certified in "Belcher" OGORGEOUS INC: Faces "Sullivan" Over Deaf-Inaccessible Web Site OMNICELL INC: "Beard" Suit Seeks to Recover Unpaid Overtime Wages PERMANENTE MEDICAL: Wolf Seeks Prelim. OK of $2.9-Mil. Settlement PRIME COMMUNICATIONS: Wins Bid to Amend Class in "Lorenzo" Suit PROFESSIONAL PLACEMENT: Untershine Moves for Class Certification RENO HOUSING: Ninth Circuit Appeal Filed in "Roces" Class Suit SAFE HAVEN: Atilano Moves to Certify Class of Case Managers SHERWIN-WILLIAMS CO: "Sluder" Suit Transferred to N.D. Ohio SPACIOUS TECHNOLOGIES: Martinez Sues Over Blind-Unusable Web Site ST. LOUIS RAMS: Seeks 8th Cir. Review of Ruling in "McAllister" TITLE SOURCE: Class of Staff Appraisers Certified in "Swamy" Suit TRANSAMERICA LIFE: Appeals "Feller" Suit Cert. Order to 9th Cir. UNITED STATES: Court Certifies Classes in Guam Contractors Suit UNIVERSAL TAX: Wins Summary Judgment in Suit Filed by D&B II VISUAL COMPUTER: Sent Unsolicited SMS Ads, "Levin" Suit Says WAL-MART STORES: Mislabels Glucosamine Supplements, Parker Claims WALGREEN CO: Court Grants Class Cert. in Washtenaw Retirees Suit WERNER ENTERPRISES: Eighth Circuit Appeal Filed in "Petrone" Suit WILLIAMS PEST: "Adams" Suit Alleges FLSA Violations WIPRO LTD: "Phillips" Suit Transferred to S.D. Tex. WYANDOT COUNTY, OH: Mulvaine Seeks to Recover OT Pay for EMTs ZOCDOC INC: "Alfano" Suit Seeks to Recover Unpaid Overtime ZODIAC US: Cuzick Seeks Final Approval of $952,000 Settlement ********* ABC CARPET: "DelaCruz" Suit Alleges ADA Violations -------------------------------------------------- Emanuel DelaCruz, on behalf of himself and other similarly situated v. ABC Carpet of New Jersey LLC dba ABC Carpet & Home, Case No. 1:18-cv-02508 (S.D. N.Y., March 20, 2018), is brought against the Defendant for violations of the Americans with Disabilities Act. Plaintiff brings this civil rights action against the Defendant for its failure to design, construct, maintain, and operate its website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people. Plaintiff Emanuel DelaCruz is a resident of New York, New York. Plaintiff is a blind, visually-impaired handicapped person and a member of a protected class of individuals under the ADA. Defendant, ABC Carpet of New Jersey dba ABC Carpet & Home is and was, at all relevant times herein a Domestic Business Corporation with its principal executive offices in New York. Defendant operates ABC Carpet & Home retail furniture and home furnishings stores as well as the ABC Carpet & Home website and advertises, markets, distributes, and sells furniture and home furnishings in the State of New York and throughout the United States. [BN] The Plaintiff is represented by: Dana L. Gottlieb, Esq. Jeffrey M. Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 East 18th Street, Suite PHR New York, NY 10003 Tel: (212) 879-0240 Fax: (212) 982-6284 E-mail: danalgottlieb@aol.com nyjg@aol.com ADVANTECH MANUFACTURING: Meyer-Van Zeeland Sues Over Unpaid OT -------------------------------------------------------------- MARYBETH MEYER-VAN ZEELAND on behalf of herself and all others similarly situated v. ADVANTECH MANUFACTURING, INC., a Domestic Corporation, Case No. 2:18-cv-00490-NJ (E.D. Wisc., March 28, 2018), seeks relief under the Fair Labor Standards Act of 1938 and Wisconsin's Wage Payment and Collection Laws for alleged unpaid overtime compensation, unpaid agreed upon wages, liquidated damages, costs and attorneys' fees. Advantech Manufacturing, Inc., is a New Berlin, Wisconsin corporation with a principal place of business in New Berlin. The Company manufactures and produces sieves and related accessories.[BN] The Plaintiff is represented by: James A. Walcheske, Esq. Scott S. Luzi, Esq. David M. Potteiger, Esq. WALCHESKE & LUZI, LLC 15850 W. Bluemound Rd., Suite 304 Brookfield, WI 53005 Telephone: (262) 780-1953 Facsimile: (262) 565-6469 E-mail: jwalcheske@walcheskeluzi.com sluzi@walcheskeluzi.com dpotteiger@walcheskeluzi.com AFLAC INCORPORATED: "Young" Suit Alleges ADA Violation ------------------------------------------------------ Lawrence Young, on behalf of himself and others similarly situated v. AFLAC Incorporated, AFLAC Asset Management LLC, and American Family Life Assurance Company of New York, Case No. 1:18-cv-02531 (S.D. N.Y., March 21, 2018), is brought against the Defendant for violation of the Americans with Disabilities Act. Plaintiff brings this civil rights action against the Defendants for their failure to design, construct, maintain, and operate its website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people. Despite Defendants having an accessible statement, their website is in fact no accessible, says the complaint. Plaintiff Lawrence Young is a resident of Bronx, New York. Plaintiff is a blind, visually-impaired handicapped person and a member of a protected class of individuals under the ADA. Defendants operate numerous offices and agents operate nationwide including in New York, New York. Defendants' website and physical locations provide to the public important insurance related goods and services. Defendants' website provide consumers with access to an array of goods and services about locations/contact of agents, different insurance policies, products, enrollment forms, get quotes, benefit estimators, find agents, claim forms and other important information. [BN] The Plaintiff is represented by: Bradly G. Marks, Esq. THE MARKS LAW FIRM, PC 175 Varick St. 3rd Floor New York, NY 10014 Tel: (646) 770-3775 Fax: (646) 867-2639 E-mail: brad@markslawpc.com - and - Jeffrey M. Gottlieb, Esq. Dana L. Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 East 18th Street, Suite PHR New York, NY 10003 Tel: (212) 228-9795 Fax: (212) 982-6284 E-mail: nyjg@aol.com danalgottlieb@aol.com ALABAMA: Bid to Certify Phase II Class in "Braggs" Suit Denied -------------------------------------------------------------- The Hon. Myron H. Thompson entered an order in the lawsuit titled EDWARD BRAGGS, et al. v. JEFFERSON S. DUNN, in his official capacity as Commissioner of the Alabama Department of Corrections, et al., Case No. 2:14-cv-00601-MHT-GMB (M.D. Ala.), denying without prejudice and with leave to renew the Plaintiffs' motion to: -- certify class for Phase II; -- re-open discovery for Phase 2B; and -- certify class regarding dental claim. The Defendants' motion for a temporary stay is denied. These motions are granted: Plaintiffs' motion to amend and Plaintiffs' motion to re-open discovery regarding dental claim. Judge Thompson notes that an opinion will follow explaining the bases for this ruling. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=Knv8sREX ALLIED INTERSTATE: Accused by "Pappone" Suit of Violating FDCPA --------------------------------------------------------------- PATRICIA PAPPONE, on behalf of herself and all others similarly situated v. ALLIED INTERSTATE, LLC; SYNCHRONY BANK; and JOHN DOES 1-25, Case No. 3:18-cv-05087-MAS-LHG (D.N.J., March 30, 2018), arises from the Defendants' alleged violation of the Fair Debt Collection Practices Act, which prohibits debt collectors from engaging in abusive, deceptive and unfair practices. Allied has a business location in Albany, Ohio. Allied is a business that uses the mail, telephone, and facsimile and regularly engages in business the principal purpose of which is to attempt to collect debts alleged to be due another. Synchrony Bank is located in Kettering, Ohio. The Doe Defendants are currently unknown. Synchrony engaged Allied to collect the Plaintiff's financial obligation to Synchrony. Synchrony engaged Allied as a collection agency.[BN] The Plaintiff is represented by: Joseph K. Jones, Esq. 375 Passaic Avenue Fairfield, NJ 07004 Telephone: (973) 227-5900 Facsimile: (973) 244-0019 E-mail: jkj@legaljones.com AMERICAN EAGLE: Seeks 3rd Cir. Review of Ruling in "Bedoya" Suit ---------------------------------------------------------------- Defendant American Eagle Express Inc. filed an appeal from a court ruling in the lawsuit styled Ever Bedoya, et al. v. American Eagle Express Inc., Case No. 2-14-cv-02811, in the U.S. District Court for the District of New Jersey. As previously reported in the Class Action Reporter, the Plaintiffs are delivery drivers. The Defendant is a logistics company that coordinates delivery services throughout several states (including New Jersey). The Defendant employs Plaintiffs as independent contractors. The Plaintiffs brought this putative class action pursuant to the Fair Labor Standards Act to challenge their status as independent contractors; they contend that, under New Jersey law, they are employees. The appellate case is captioned as Ever Bedoya, et al. v. American Eagle Express Inc., Case No. 18-1641, in the United States Court of Appeals for the Third Circuit.[BN] Plaintiffs-Appellees EVER BEDOYA, DIEGO GONZALES and MANUEL DECASTRO, on behalf of themselves and all others similarly situated, are represented by: Mark J. Gottesfeld, Esq. R. Andrew Santillo, Esq. WINEBRAKE & SANTILLO, LLC Twinning Office Center 715 Twinning Road, Suite 211 Dresher, PA 19025 Telephone: (215) 884-2491 E-mail: mgottesfeld@winebrakelaw.com asantillo@winebrakelaw.com Defendant-Appellant AMERICAN EAGLE EXPRESS INC. is represented by: Gregory T. Alvarez, Esq. Joseph C. DeBlasio, Esq. JACKSON LEWIS P.C. 220 Headquarters Plaza East Tower, 7th Floor Morristown, NJ 07960 Telephone: (973) 538-6890 E-mail: AlvarezG@jacksonlewis.com Joseph.DeBlasio@jacksonlewis.com ANZ GUAM: "Parker" Suit Alleges TILA Violations ----------------------------------------------- Ronald Parker, Fa'Afetai Parker, and Tualagi Gaoteote, on behalf of themselves and all others similarly situated v. ANZ Guam, Inc., Case No. 1:18-cv-00010 (D. Guam., March 21, 2018), is brought against the Defendant for violations of the Truth in Lending Act of 1968, alleging the bank violated federal law when it didn't provide plaintiffs with important information in bank documents, including description of late fees, information about past payments or amounts due on loans. The Parkers are residents of American Samoa, with their principal residence in the Village of Amaluia, on a portion of land known as Gatai. Ronald Parker, a retired United States Air Force veteran, and his wife Faafetai Parker, have lived in American Samoa for many years. The Parkers' promissory note on their Gatai property was originated in 2005 by Defendant in the amount of $120,000. Plaintiff Gaoteote, a retired United States Army veteran, has been a resident of American Samoa for many years, living with his wife and family in his principal residence in the Village of Afono, on a portion of land known as Silaete. Gaoteote's promissory note and mortgage on this property were also originated by Defendant in 2010 in the amount of $72,000. Defendant ANZ is a bank incorporated in Guam and is an FDIC insured institution that operates its America Samoan branches under the registered name "ANZ Amerika Samoa Bank." ANZ, together with its affiliates, services more than 5,000 mortgage loans. [BN] The Plaintiffs are represented by: Peter C. Perez, Esq. LAW OFFICE OF PETER C. PEREZ Suite 802, DNA Building 238 Archbishop Flores St. Hagatna, GU 96910 Tel: (671) 475-5055 Fax: (671) 477-5447 AP INTERNATIONAL: "Flores" Suit Seeks to Recover Unpaid Overtime ---------------------------------------------------------------- Xiomara Ortiz Flores and Edison Mejia, individually and on behalf of all similarly situated persons, Plaintiffs, V. AP International, Inc., Defendant, Case No. 18-cv-00806 (S.D. Tex., March 15, 2018), seeks to recover unpaid overtime compensation, liquidated damages, and attorney's fees owed under the Fair Labor Standards Act of 1938. Flores worked for Defendant as a cashier from December of 2016 until February of 2018 while Mejia worked as a butcher from July of 2014 until February 13, 2018. Plaintiffs regularly worked in excess of 40 hours per week without overtime and were not paid the required minimum wage of $7.25 per hour, says the complaint. [BN] Plaintiff is represented by: Josef F. Buenker, Esq. Vijay A. Pattisapu, Esq. THE BUENKER LAW FIRM 2030 North Loop West, Suite 120 Houston, TX 77018 Tel: (713) 868-3388 Fax: (713) 683-9940 Email: jbuenker@buenkerlaw.com vijay@buenkerlaw.com AT&T MOBILITY: Gorss Seeks to Certify Class of Fax Ad Receivers --------------------------------------------------------------- The Plaintiff in the lawsuit titled GORSS MOTELS, INC., individually and as the representatives of a class of similarly- situated persons v. AT&T MOBILITY LLC and AT&T MOBILITY NATIONAL ACCOUNTS LLC, Case No. 3:17-cv-00403-JBA (D. Conn.), seeks an order from the Court certifying this class: All persons or entities who were successfully sent a facsimile on or about January 14, 2014, stating: "Visit your AT&T Premier online store at att.com/wireless/wyndhamfranchisees for your exclusive specials such as $50 new smartphone activation credit, $100 instant rebate on all tablets while supplies last, 16% on qualifying monthly charges," and "Learn about AT&T's new Mobile Share Value Plan!," and "For a limited time, switch from T-Mobile and receive up to $450 when you trade in your current smartphone!." The case arises out of the Defendants' fax broadcast advertising the availability and quality of AT&T's products and services. The broadcast, conducted on January 13, 2014, resulted in a single fax being successfully sent to 3,886 fax numbers. The Plaintiff also seeks an order from the Court appointing it as class representative and appointing Ryan M. Kelly, Esq., of Anderson + Wanca and Aytan Y. Bellin, Esq., of Bellin & Associates as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=9459L84s The Plaintiff is represented by: Ryan M. Kelly, Esq. ANDERSON + WANCA 3701 Algonquin Road, Suite 500 Rolling Meadows, IL 60008 Telephone: (847) 368-1500 Facsimile: (847) 368-1501 E-mail: bwanca@andersonwanca.com rkelly@andersonwanca.com - and - Aytan Y. Bellin, Esq. BELLIN & ASSOCIATES LLC 85 Miles Avenue White Plaines, NY 10606 Telephone: (914) 358-5345 Facsimile: (212) 571-0284 E-mail: Aytan.Bellin@bellinlaw.com BANCO SANTANDER: Sued by OK Firefighters Over Antitrust Violation ----------------------------------------------------------------- OKLAHOMA FIREFIGHTERS PENSION & RETIREMENT SYSTEM and ELECTRICAL WORKERS PENSION FUND LOCAL 103, I.B.E.W., on behalf of themselves and all other similarly situated v. BANCO SANTANDER S.A., SANTANDER INVESTMENT SECURITIES, INC., SANTANDER HOLDINGS USA, INC. BANCO SANTANDER (MEXICO) S.A. INSTITUCION DE BANCA MULTIPLE, GRUPO FINANCIERO SANTANDER MEXICO, SANTANDER INVESTMENT BOLSA, SOCIEDAD DE VALORES, S.A.U., BANCO BILBAO VIZCAYA ARGENTARIA, S.A., BBVA SECURITIES, INC., BBVA COMPASS BANCSHARES, INC., BBVA BANCOMER S.A., INSTITUCION DE BANCA MULTIPLE, GRUPO FINANCIERO BBVA BANCOMER, GRUPO FINANCIERO BBVA BANCOMER, S.A. DE C.V., JPMORGAN CHASE & CO., JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, JP MORGAN SECURITIES LLC, J.P. MORGAN BROKER-DEALER HOLDINGS INC., BANCO J.P. MORGAN, S.A. INSTITUCION DE BANCA MULTIPLE, J.P. MORGAN GRUPO FINANCIERO, HSBC HOLDINGS PLC, HSBC BANK PLC, HSBC SECURITIES (USA) INC., HSBC MARKETS (USA) INC., HSBC MEXICO, S.A., INSTITUCION DE BANCA MULTIPLE, GRUPO FINANCIERO HSBC, HSBC NORTH AMERICA HOLDINGS INC., HSBC LATIN AMERICA HOLDINGS (UK) LIMITED, BARCLAYS PLC, BARCLAYS CAPITAL PLC, BARCLAYS CAPITAL INC., BARCLAYS BANK PLC, GRUPO FINANCIERO BARCLAYS MEXICO, S.A. DE C.V., BARCLAYS BANK MEXICO, S.A., CITIGROUP INC., CITIGROUP GLOBAL MARKETS INC., CITIGROUP FINANCIAL PRODUCTS INC., CITIGROUP GLOBAL MARKETS HOLDINGS INC., BANCO NACIONAL DE MEXICO, S.A., INSTITUCION DE BANCA MULTIPLE, GRUPO FINANCIERO BANAMEX, BANK OF AMERICA N.A., BANK OF AMERICA CORPORATION, BANKAMERICA INTERNATIONAL FINANCIAL CORPORATION, BANK OF AMERICA MEXICO, S.A., INSTITUCION DE BANCA MULTIPLE, GRUPO FINANCIERO BANK OF AMERICA, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, DEUTSCHE BANK AG, DEUTSCHE BANK SECURITIES, INC., DEUTSCHE BANK AMERICAS HOLDING CORP., DEUTSCHE BANK MEXICO, S.A. INSTITUCION DE BANCA MULTIPLE, and "JOHN DOES" 1-10, Case No. 1:18-cv-02830 (S.D.N.Y., March 30, 2018), alleges violations of the Sherman Antitrust Act and the Clayton Antitrust Act. A Mexican government bond ("MGB") is a debt security (like a U.S. Treasury bond) that is issued by the Mexican government during regularly scheduled auctions. The Mexican government uses MGBs to raise capital, fund budget deficits, and control Mexico's monetary supply. The Defendants are horizontal competitors in the MGB market. They are also the exclusive Mexican government-approved market makers for MGBs. The Defendants' U.S. Dealer-Subsidiaries sold MGBs in the United States as agents for their Corporate Parents. The Plaintiffs allege that this privilege allowed the Defendants to dominate the MGB market. In exchange for market maker status, the Bank of Mexico ("Banxico") requires Defendants to collectively bid for at least 100% of the MGBs offered in each auction. The Defendants, thus, control the supply of MGBs in the over-the-counter market, where they sell the bonds purchased at auction to their customers, the Plaintiffs assert. The Defendants used this dominant position as the exclusive government approved market markets in the MGB market to unlawfully increase the profitability of their MGB businesses, the Plaintiffs argue. The Plaintiffs add that the Defendants' agreement to restrain trade in the MGB market is part of a broader pattern of collusion and price-fixing by these same Defendants during the Class Period. Banco Santander S.A. is a public banking group with its global headquarters in Santander, Spain. Banco Santander S.A. owns and operates a New York Branch, which is the same legal entity and an operational extension of Banco Santander S.A. in the United States. Santander Holdings USA, Inc., is a direct, wholly-owned subsidiary of Banco Santander S.A. and is the corporate parent of Santander Investment Securities, Inc.[BN] The Plaintiffs are represented by: Vincent Briganti, Esq. Christian Levis, Esq. Roland R. St. Louis, III, Esq. LOWEY DANNENBERG P.C. 44 South Broadway White Plains, NY 10601 Telephone: (914) 997-0500 Facsimile: (914) 997-0035 E-mail: vbriganti@lowey.com clevis@lowey.com rstlouis@lowey.com - and - Joseph J. Tabacco, Jr., Esq. Todd Seaver, Esq. BERMAN TABACCO 44 Montgomery Street, Suite 650 San Francisco, CA 94104 Telephone: (415) 433-3200 Facsimile: (415) 433-6382 E-mail: jtabacco@bermantabacco.com tseaver@bermantabacco.com - and - Patrick T. Egan, Esq. BERMAN TABACCO One Liberty Square Boston, MA 02109 Telephone: (617) 542-8300 Facsimile: (617)542-1194 E-mail: pegan@bermantabacco.com BANK OF NOVA SCOTIA: "Richards" Suit Alleges RESPA Violation ------------------------------------------------------------ Daryl Richards et al., on behalf of themselves and all others similarly situated v. Bank of Nova Scotia, Case No. 1:18-cv-00008 (D. V.I., March 20, 2018), is brought against the Defendant for violation of the Real Estate Settlement Procedures Act. This is a class action on behalf of Virgin Islands homeowners who have mortgages with the Bank of Nova Scotia and force-placed insurance coverage on their properties. Scotiabank allowed its master force-placed insurance policy to lapse in August 2017, but did not inform its borrowers. Instead, it continued to collect force-placed insurance premiums from its borrowers even though there was no insurance coverage. When the borrowers made claims under the force-placed policy after Hurricanes Irma and Maria struck the Virgin Islands in September 2017, Scotiabank falsely informed the borrowers it would forward their claims to the insurer even though it knew there was no coverage, says the complaint. Plaintiffs are residents of the Virgin Islands and have mortgage with Nova Scotia. Defendant Scotiabank is a Canadian corporation with its principal place of business in Toronto, Ontario. Scotiabank does business throughout the Virgin Islands. Scotiabank issues and services residential home mortgages on St. Croix, St. Thomas and St. John. [BN] The Plaintiff is represented by: Vincent Colianni, II, Esq. Vincent A. Colianni, Esq. COLIANNI & COLIANNI LLC 1138 King Street Christiansted, VI 00820 Tel: (340) 719-1766 Fax: (340) 719-1770 E-mail: mailbox@colianni.com BOSWORTH PLACE: "Oliveria" Suit Seeks to Recover Unpaid Overtime ---------------------------------------------------------------- William Oliveria, on behalf of himself and all others similarly situated v. Bosworth Place, Inc. dba Beantown Pub, and Roger W. Zeghibe, Case No. 1:18-cv-10544 (D. Mass., March 21, 2018), seeks to recover unpaid overtime wages pursuant to the Fair Labor Standards Act. Plaintiff Cheryl Adams is a resident of Chandler, Texas. Plaintiff was employed as a scheduling coordinator for Defendants. Plaintiff William Oliveria is an adult resident of Malden, Massachusetts. Plaintiff worked for Defendants as a cook from in or around May 2007 until in or around February 2018. Defendants own and operate Beantown Pub, a Massachusetts corporation, with a principal place of business at 100 Tremont Street, Boston, Massachusetts. [BN] The Plaintiff is represented by: Stephen S. Churchill, Esq. FAIR WORK, P.C. 192 South Street, Suite 450 Boston, MA 02111 Tel: (617) 607-6230 E-mail: steve@fairworklaw.com CARETENDERS OF CLEVELAND: "Johnson" Suit Alleges FLSA Violation --------------------------------------------------------------- Shamica Johnson, individually and on behalf of all others similarly situated v. Caretenders of Cleveland, Inc. dba Almost Family Medlink, Case 1:18-cv-00659 (N.D. Ohio, March 21, 2018), is brought against the Defendant for violation of the Fair Labor Standards Act. Plaintiff Shamica Johnson performed home health care duties for Defendant. Defendant provides personal care services in several locations, including Kentucky, Florida, Ohio and Connecticut. [BN] The Plaintiff is represented by: Stephan I. Voudris, Esq. Christopher M. Sams, Esq. VOUDRIS LAW LLC 8401 Chagrin Road, Suite 8 Chagrin Falls, OH 44023 Tel: (440) 543-0670 Fax: (440) 543-0721 E-mail: svoudris@voudrislaw.com csams@voudrislaw.com CENTRAL PARK BOATHOUSE: "Ahmeti" Suit Alleges FLSA Violation ------------------------------------------------------------ Enkel Ahmeti, on behalf of himself and all others similarly situated v. Central Park Boathouse, LLC, and Dean Poll, Case No. 1:18-cv-02567 (S.D. N.Y., March 22, 2018), is brought against the Defendants for violation of the Fair Labor Standards Act. The Plaintiff Enkel Ahmeti worked as a server at Central Park Boathouse from early 2011 until late 2015. The Defendants own and operate the Central Boathouse Restaurant in Manhattan. [BN] The Plaintiff is represented by: D. Maimon Kirschenbaum, Esq. JOSEPH & KIRSCHENBAUM LLP 32 Broadway, Suite 601 New York, NY 10004 Tel: (212) 688-5640 Fax: (212) 688-2548 CHAMPION PETFOODS: Accused by "Loeb" of Misrepresenting Dog Foods ----------------------------------------------------------------- Kellie Loeb, individually and on behalf of all others similarly situated v. Champion Petfoods USA Inc. and Champion Petfoods LP, Case No. 2:18-cv-00494-NJ (E.D. Wisc., March 28, 2018), alleges that contrary to the Defendants' representations, their dog food products contain excessive levels of harmful heavy metals, including arsenic, lead, cadmium, and mercury. As a result of Champion's misrepresentations, the Plaintiff and other putative Class members were harmed by paying for the advertised Products and receiving only an inferior and contaminated product, the Plaintiff contends. Champion Petfoods USA Inc. is incorporated in Delaware and is headquartered in Auburn, Kentucky. Champion Petfoods LP is a Canadian limited partnership with its headquarters and principal place of business located in Edmonton, Alberta, Canada. Champion Petfoods LP owns, operates, and controls Champion Petfoods USA Inc. Champion sells a variety of premium-priced dog foods throughout the United States. Champion formulates, develops, manufactures, markets, and distributes the dry dog food products under the brand names "Orijen" and "Acana" throughout the United States.[BN] The Plaintiff is represented by: Ben Barnow, Esq. Erich P. Schork, Esq. BARNOW AND ASSOCIATES, P.C. One North LaSalle Street, Suite 4600 Chicago, IL 60602 Telephone: (312) 621-2000 Facsimile: (312) 641-5504 E-mail: b.barnow@barnowlaw.com e.schork@barnowlaw.com - and - Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com CIOX HEALTH: Certification of Two Classes Sought in "Rave" Suit --------------------------------------------------------------- The Plaintiff in the lawsuit captioned Timothy Rave v. Ciox Health, LLC, et al., Case No. 2:18-cv-00305-PP (E.D. Wisc.), asks the Court to certify two classes under Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure. Mr. Rave contends the proposed classes cover persons, who have been illegally charged various basic, retrieval and certification fees in violation of Wisconsin law, citing Moya v. Aurora Healthcare, Inc., 2017 WI 45, Par 22, 375 Wis. 2d 38, 894 N.W.2d 405 (2017). The proposed classes meet all of the requirements of Rule 23 necessary to certify classes that will allow class members to recover the fees that the Defendants illegally charged and collected from them and be granted other relief they may be entitled to under Wisconsin law, Mr. Rave argues. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=RHoMkleb The Plaintiff is represented by: Robert J. Welcenbach, Esq. WELCENBACH LAW OFFICES, S.C. 933 North Mayfair Road, Suite 311 Milwaukee, WI 53226 Telephone: (414) 774-7330 Facsimile: (414) 774-7670 E-mail: robert@welcenbachlaw.com - and - J. Craig Jones, Esq. JONES AND HILL, LLC 131 Highway 165 South Oakdale, LA 71463 Telephone: (318) 335-1333 Facsimile: (318) 335-1934 E-mail: craig@joneshilllaw.com - and - Scott C. Borison, Esq. LEGG LAW FIRM, LLP 38 S. Paca St. #116, Suite B Baltimore, MD 21201 Telephone: (301) 620-1016 Facsimile: (301) 620-1018 E-mail: borison@legglaw.com CONCORDE INVESTMENT: "Nielen-Thomas" Suit Removed to W.D. Wisc. --------------------------------------------------------------- Defendants Fortune Financial Services, Inc., and TD Ameritrade, Inc., removed on March 30, 2018, the lawsuit styled SUSAN NIELEN- THOMAS, On behalf of herself and all others similarly situated v. CONCORDE INVESTMENT SERVICES, LLC; FORTUNE FINANCIAL SERVICES, INC.; TD AMERITRADE, INC.; WISCONSIN RIVER BANK; JEFFREY L. BUTLER; and WISCONSIN INVESTMENT SERVICES LLC, Case No. 2018-CV- 000320, from the Circuit Court for Dane County, Wisconsin, to the U.S. District Court for the Western District of Wisconsin. The District Court Clerk assigned Case No. 3:18-cv-00229 to the proceeding. On February 5, 2018, Susan Nielen-Thomas filed a putative class action complaint in the State Court. In the Complaint, the Plaintiff invokes statutory, contractual, and tort-based claims in connection with securities transactions executed in her brokerage account.[BN] Plaintiff Susan Nielen-Thomas is represented by: Michael H. Schaalman, Esq. Patrick T. O'Neill, Esq. HALLING & CAYO, S.C. 320 E. Buffalo Street, Suite 700 Milwaukee, WI 53202 Wisconsin River Bank 608 Phillips Blvd. Sauk City, WI 53583-0636 Telephone: (414) 271-3400 Facsimile: (414) 271-3841 E-mail: mhs@hallingcayo.com pto@hallingcayo.com Defendant Fortune Financial Services, Inc., is represented by: Andrew Erlandson, Esq. Peyton Engel, Esq. HURLEY, BURISH & STANTON S.C. 33 East Main Street, Suite 400 Madison, WI 53703 Telephone: (608) 257-0945 E-mail: aerlandson@hbslawfirm.com pengel@hbslawfirm.com - and - Karl E. May, Esq. KADISH, HINKEL & WEIBEL 1360 East Ninth Street, Suite 400 Cleveland, OH 44114 Telephone: (216) 696-3030 E-mail: kmay@khwlaw.com Defendant TD Ameritrade, Inc., is represented by: Dana Sirkis Gloor, Esq. Megan B. Burnett, Esq. MILES & STOCKBRIDGE, P.C. 100 Light Street Baltimore, MD 21202 Telephone: (410) 727-6464 E-mail: dgloor@milesstockbridge.com mburnett@milesstockbridge.com - and - Donald Daugherty, Esq. Erin M. Cook, Esq. GODFREY KAHN, S.C. 833 East Michigan Street, Suite 1800 Milwaukee, WI 53202-5615 Telephone: (410) 287-9512 E-mail: ddaugherty@gklaw.com mcook@gklaw.com Defendant Concorde Investment Services, LLC, is represented by: Brandon S. Reif, Esq. REIF LAW GROUP, P.C. 10250 Constellation Boulevard, Suite 100 Los Angeles, CA 90067 Telephone: (310) 494-6500 E-mail: breif@reiflawgroup.com CREDIT SUISSE AG: "Eisenberg" Sues Over Devalued Notes ------------------------------------------------------ Glenn Eisenberg, on behalf of himself and all others similarly situated, Plaintiffs, v. Credit Suisse AG and Janus Index and Calculation Services LLC, Defendants, Case No. 18-cv-02319 (S.D. N.Y., March 15, 2018), seeks to recover minimum wage compensation, liquidated damages, prejudgment and post-judgment interest and attorneys' fees and costs pursuant to the Fair Labor Standards Act. Eisenberg purchased VelocityShares Inverse VIX Short Term Exchange Traded Notes issued, offered, and sold by Credit Suisse AG. The Notes are senior unsecured debt obligations of Credit Suisse. Defendants' registration statement misrepresented the updating and accuracy of the Notes' intraday indicative value based on the relevant index real time calculation of the relevant index applying the real time prices of the relevant futures contracts, thus technically causing the prices incorrectly inflated, says the complaint. Shortly after the truth was disclosed, said notes lost most of their value. The next day, on February 6, 2018, Credit Suisse announced that it is invoking the early redemption clause in the Registration Statement to terminate the notes on February 21, 2018. Credit Suisse provides investment services worldwide. It is headquartered in Zurich, Switzerland, and transacts substantial business in New York out of offices at 11 Madison Avenue, New York, New York. Janus Index & Calculation Services LLC is headquartered in Connecticut and transacts business in this District. JIC served as Credit Suisse's agent for computing and disseminating the Notes' "Intraday Indicative Value." [BN] Plaintiff is represented by: Ariana J. Tadler, Esq. Robert A. Wallner, Esq. Andrei V. Rado, Esq. MILBERG LLP One Pennsylvania Plaza New York, NY 10119 Tel: (212) 594-5300 Email: atadler@milberg.com rwallner@milberg.com arado@milberg.com - and - William M. Aron, Esq. 15 West Carrillo Street Santa Barbara, CA 93101 Telephone: (805) 618-1768 Facsimile: (805) 618-1580 E-mail: bill@aronlawfirm.com - and - Eric H. Gibbs, Esq. GIBBS LAW GROUP LLP 505 14th Street, Suite 1110 Oakland, CA 94612 Telephone: (510) 350-9700 Facsimile: (510) 350-9701 Email: jak@classlawgroup.com CROSSTOWN COURIER: Class of Couriers Certified in "Arpke" Suit -------------------------------------------------------------- Judge Travis R. McDonough grants the Plaintiff's motion for conditional certification, for approval and distribution of notice, and for disclosure of contact information in the lawsuit styled STEVEN ARPKE, individually and on behalf of all others similarly situated v. CROSSTOWN COURIER, INC., Case No. 1:17-cv- 00185-TRM-CHS (E.D. Tenn.). The Plaintiff defines the class as: Each individual who (a) performed courier or delivery services for Crosstown Courier, Inc. ("Crosstown"), any time since June 29, 2014, (b) performed courier or delivery services pursuant to an assigned or designated route, (c) never subcontracted any of his or her delivery work for Crosstown or otherwise hired anyone to perform part or all of his or her work, (d) worked exclusively for Crosstown during his or her tenure, (e) contracted directly with Crosstown as an individual, and (f) performed his or her regular delivery work for Crosstown for more than forty hours per week in at least one work week. Mr. Arpke filed the instant action on June 29, 2017, alleging that the Defendant violated the Fair Labor Standards Act by misclassifying him and the other couriers as independent contractors and by failing to pay them overtime wages. Judge McDonough also orders the Defendant to disclose the names, last known addresses, and last known e-mail addresses for all putative class members within 14 days from the date of this Order. The Court further orders the Plaintiff to effectuate notice in a manner consistent with this Order. Finally, a telephonic status conference was scheduled to discuss a trial date and associated deadlines. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=Izi3jhIW CROWN CORK: Sixth Circuit Appeal Filed in "Cannon" ERISA Suit ------------------------------------------------------------- Plaintiff Vernon Cannon filed an appeal from a court ruling in the lawsuit styled Vernon Cannon v. Crown Cork & Seal Co., Inc., Case No. 3:17-cv-00003, in the U.S. District Court for the Northern District of Ohio at Toledo. The lawsuit alleges violations of the Employee Retirement Income Security Act. The appellate case is captioned as Vernon Cannon v. Crown Cork & Seal Co., Inc., Case No. 18-3280, in the United States Court of Appeals for the Sixth Circuit. The briefing schedule in the Appellate Case is set as follows: -- Appellant brief is due on May 9, 2018; and -- Appellee brief is due on June 8, 2018.[BN] Plaintiff-Appellant VERNON CANNON, individually and as class action representative on behalf of all other Plaintiffs similarly situated, is represented by: Michael D. Portnoy, Esq. MICHAEL D. PORTNOY ATTORNEY AT LAW 1070 Commerce Drive, Suite 205 Perrysburg, OH 43551 Telephone: (419) 874-2775 Facsimile: (419) 874-2777 E-mail: hawkport@aol.com Defendant-Appellee CROWN CORK & SEAL COMPANY, INC., is represented by: Dustin M. Dow, Esq. BAKER & HOSTETLER LLP 127 Public Square, Suite 2000 Cleveland, OH 44114 Telephone: (216) 861-7098 E-mail: ddow@bakerlaw.com DELL INC: Stockholders Class Certified in Pontiac Retirees Suit --------------------------------------------------------------- The Hon. Lee Yeakel grants the Lead Plaintiff's Motion for Class Certification and Appointment of Class Representative and Class Counsel in the lawsuit titled CITY OF PONTIAC GENERAL EMPLOYEES' RETIREMENT SYSTEM, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. DELL INC.; MICHAEL S. DELL; BRIAN T. GLADDEN; AND STEPHEN J. FELICE, Case No. 1:15-cv-00374-LY (W.D. Tex.). The action shall proceed as a certified class action under Rule 23(c) of the Federal Rules of Civil Procedure consisting of: All persons and entities who bought or acquired Dell common stock between February 22,2012 and May 22,2012, inclusive, and who were damaged thereby. Excluded from the Class are Defendants, the officers and directors of the Company at all relevant times; members of their immediate families and their legal representatives, heirs, successors or assigns; and any entity in which defendants have or had a controlling interest. The lawsuit is a securities-fraud action brought on behalf of purchasers of Dell Inc. securities between February 22, 2012, and May 22, 2012, against Dell and certain of its past and present officers for allegedly violating the Securities Exchange Act of 1934 and Securities and Exchange Commission Rule 10b-5, 17 C.F.R. 240.10b-5. Lead Plaintiff City of Pontiac General Employees' Retirement System is appointed a Class Representative. Robbins Geller Rudman & Dowd LLP is appointed as class counsel for the class. A Conference after Class Certification is set for May 18, 2018, at 2:00 p.m. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=kphiSwdJ DISTRICT OF COLUMBIA: Bid to Certify Homeless Persons Class Filed ----------------------------------------------------------------- The Plaintiffs in the lawsuit captioned SHANEL PROCTOR, 1st St. and K St. NE, Washington, D.C., 20002, and CHARLAINE BRAXTON, 1st St. and L St. NE, Washington, D.C., 20002, on behalf of themselves and others similarly situated v. DISTRICT OF COLUMBIA; MURIEL BOWSER, Mayor of the District of Columbia, in her official capacity, 1350 Pennsylvania Avenue, Washington, D.C. 20004, Case No. 1:18-cv-00701-TNM (D.D.C.), moves for provisional certification of this class: all homeless persons who reside in public spaces that are subject to District, rather than federal, government oversight and have been or will be subject to encampment clearings pursuant to the [District of Columbia Protocol for the Disposition of Property Found on Public Space and Outreach to Displaced Persons]. Shanel Proctor and Charlaine Braxton have filed this class action to allegedly end the District of Columbia's practice of destroying the unattended personal belongings of homeless individuals during encampment clearings. The Plaintiffs contend that that practice violates the Fourth Amendment of the United States Constitution. The Plaintiffs also ask the Court to designate their counsel as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=h4kKm2XL The Plaintiffs are represented by: Sarah L. Wilson, Esq. Ross A. Demain, Esq. Jon-Michael Dougherty, Esq. Victor D. Ban, Esq. COVINGTON & BURLING LLP One CityCenter 850 Tenth St., N.W. Washington, DC 20001-4956 Telephone: (202) 662-6000 E-mail: swilson@cov.com rdemain@cov.com jdougherty@cov.com vban@cov.com The Defendants are represented by: Karl A. Racine, Esq. ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA 441 4th Street, NW Washington, DC 20001 Telephone: (202) 727-3400 E-mail: karl.racine@dc.gov DOORDASH INC: Burger Antics Seeks to Certify Class of Restaurants ----------------------------------------------------------------- The Plaintiffs in the lawsuit styled BURGER ANTICS, INC., SUSHI PARA ILL and SUSHI PARA NEW YORK, on behalf of themselves and all others similarly situated v. DOORDASH, INC., a Delaware Corporation, Case No. 1:18-cv-00133 (N.D. Ill.), move the Court to enter an order certifying a class consisting of: All restaurants in the United States whose restaurant name, Logo and/or Mark appear on the Defendants' website or, whose restaurant, when Googled, displays the Defendant as its delivery service and who have not entered into any agreement with Defendant to provide such delivery services during the relevant statute of limitations period. The Plaintiffs allege that DoorDash advertises on its website that it provides delivery services for the Plaintiffs' food and it provides a link to the Plaintiffs' menus. If a consumer Googles the Plaintiffs' names, the consumer is directed to DoorDash's website as the delivery service for their restaurant. The Plaintiffs contend that they have never entered into an agreement or arrangement of any kind with the Defendant that would permit it to deliver their food with their blessing and approval. The Plaintiffs assert that the Defendant's unauthorized use of their Marks and unauthorized sale of their food has caused damage to their brand and good will. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=EkHox52B The Plaintiffs are represented by: Terrence Buehler, Esq. THE LAW OFFICE OF TERRENCE BUEHLER 20 North Clark Street, Suite 800 Chicago, IL 60602 Telephone: (312) 371-4385 E-mail: tbuehler@tbuehlerlaw.com DOUBLE GREEN: Sued by Najera Over Unpaid Earned Wages Under FLSA ---------------------------------------------------------------- EDGARDO NAJERA, on Behalf of Himself and All Others Similarly Situated v. DOUBLE GREEN PRODUCE, INC., SAM CHIEN, JOHN CARI, JOYCE YANG and JAIME TAPIA, Case No. 1:18-cv-01881 (E.D.N.Y., March 28, 2018), accuses the Defendants of violating the wage and hour provisions of the Fair Labor Standards Act by depriving the Plaintiff and all similarly situated employees of their lawful earned wages. Double Green is a domestic business corporation whose principal place of business is located in Brooklyn, New York. The Individual Defendants own, manage and oversee the Company's operations. The Defendants are involved in the wholesale distribution of various food items, including vegetables and fruits.[BN] The Plaintiff is represented by: Amit Kumar, Esq. LAW OFFICES OF WILLIAM CAFARO 108 West 39th Street, Suite 602 New York, NY 10018 Telephone: (212) 583-7400 E-mail: akumar@cafaroesq.com DR. MARTENS: Website not Blind-accessible, Says "Kiler" Suit ------------------------------------------------------------ Marion Kiler, Individually and as the representative of a class of similarly situated persons, Plaintiff, v. Dr. Martens Airwair USA, LLC, Defendants, Case No. 18-cv-01601 (E.D. N.Y., March 15, 2018), seeks preliminary and permanent injunction, compensatory, statutory and punitive damages and fines, prejudgment and post- judgment interest, costs and expenses of this action together with reasonable attorneys' and expert fees and such other and further relief under the Americans With Disabilities Act, New York State Human Rights Law and New York City Human Rights Law. Defendant owns and operate Dr. Martens Stores in New York State and provides shoes, boots, and accessories. It also provides a website, www.drmartens.com which allows the ability to view their products, make purchases, learn about promotions and information about the Stores locations. Kiler browsed and intended to make an online purchase. Plaintiff is legally blind and claims that Defendant's website cannot be accessed by the visually-impaired. [BN] Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 44 Court St., Suite 1217 Brooklyn, NY 11201 Tel. (917) 373-9128 E-mail: ShakedLawGroup@Gmail.com DRILL CUTTINGS: Gutierrez Seeks to Certify Class Under FLSA ----------------------------------------------------------- The Plaintiffs in the lawsuit titled JOSEPH GUTIERREZ, KYLE LYNN, and RYAN STEPHENS, each individually and on behalf of all others similarly situated v. DRILL CUTTINGS DISPOSAL COMPANY, L.L.C.; THE REDDOCH DEVELOPMENT COMPANY, L.L.C.; JEFFREY REDDOCH, Sr.; JEFFREY REDDOCH, Jr.; CHIQUITA REDDOCH; ALLISON REDDOCH REAUX; LEAH M. REDDOCH O'MEARA; JEREMIAH M. REDDOCH; and SEAN M. REDDOCH, Case No. 5:18-cv-00257-XR (W.D. Tex.), moves for class certification pursuant to the Fair Labor Standards Act. The Plaintiffs also ask that the certification schedule accommodate follow-up telephone calls by Class Counsel to those Putative Class Members who are former employees or whose contact information, during the course of the class certification schedule, is shown to be incorrect or no longer valid. In their complaint, the Plaintiffs allege that DCDC failed to pay its oilfield employees overtime wages required under federal law. The Plaintiffs contend that DCDC and its co-Defendants instead maintained a uniform pay practice of paying these employees a day rate without any overtime compensation. The Plaintiffs seek to allow their coworkers -- other oilfield employees paid a day rate -- who performed similar job duties and received similar pay, to receive notice of this collective action. The Plaintiffs assert their evidence meets and surpasses the Fifth Circuit's lenient standard for conditional certification, and the Court should certify this collective action and order notice to class members. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=0HjVyBd6 The Plaintiffs are represented by: Richard J. (Rex) Burch, Esq. Matthew S. Parmet, Esq. BRUCKNER BURCH PLLC 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Telephone: (713) 877-8788 Telecopier: (713) 877-8065 E-mail: rburch@brucknerburch.com mparmet@brucknerburch.com DYNAMIC RECOVERY: Teifeld's Bid for Class Certification Stricken ---------------------------------------------------------------- The Clerk of the U.S. District Court for the Northern District of Illinois made a docket entry on March 29, 2018, in the case entitled Judith L. Teifeld v. Dynamic Recovery Solutions, LLC, et al., Case No. 1:17-cv-04072 (N.D. Ill.), relating to a hearing held before the Honorable Sharon Johnson Coleman. The minute entry states that: -- there being no objection from either party, the Plaintiff's motion for class certification is stricken with leave to refile; and -- the Defendant is not to make a tender or an offer to settle this case on an individual basis or to serve an Offer of Judgment that contemplates an individual recovery. A copy of the Notification of Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=PmdYaSai EQUIFAX INFO: Melo Sues Over Inaccurate Consumer Report ------------------------------------------------------- Ernest Melo, in behalf of all others similarly situated, Plaintiffs, v. Equifax, Inc. and Equifax Information Services LLC and Trans Union, LLC, Defendant, Case No. 17-cv-04822, (E.D. Va., March 15, 2018), seeks to recover actual and statutory damages, equitable relief, restitution, reimbursement of out-of-pocket losses, other compensatory damages resulting from negligence and in violation of the Fair Credit Reporting Act. Plaintiff discovered that his credit file provided by Equifax and Trans Union contained numerous inaccuracies including derogatory and mismatched sets of credit information that severely reduced his credit scores and were mixed into his file due to deficiencies in the Defendants' data matching algorithms. Defendants are engaged in the business of assembling, evaluating, and dispersing information concerning consumers for the purpose of furnishing consumer reports to third parties upon request. [BN] Plaintiff is represented by: Leonard A. Bennett, Esq. CONSUMER LITIGATION ASSOCIATES, P.C. 763 J. Clyde Morris Blvd., Ste. 1-A Newport News, VA 23601 Telephone: (757) 930-3660 Facsimile: (757) 930-3662 Email: lenbennett@clalegal.com - and - Matthew J. Erausquin, Esq. CONSUMER LITIGATION ASSOCIATES, P.C. 1800 Diagonal Road, Suite 600 Alexandria, VA 22314 Tel: (703) 273-7770 Fax: (888) 892-3512 Email: matt@clalegal.com EVENT SOURCE: Fails to Pay Overtime Under FLSA, "Rasch" Suit Says ----------------------------------------------------------------- MEGAN RASCH, Individually, and on behalf of all those similarly situated v. EVENT SOURCE LOGISTICS LLC and J.B.K. GROUP, INC., Case No. 1:18-cv-00731-JG (N.D. Ohio, March 30, 2018), accuses the Defendants of failing to pay the Plaintiff and others for all of the time they worked, including overtime wages, as required under the Fair Labor Standards Act of 1938, the Ohio Minimum Fair Wage Standards Act, the Ohio Untimely Payment of Wages Act, the Ohio Prompt Pay Act, and the Ohio Constitution. Event Source Logistics LLC was a family-owned Ohio Domestic Limited Liability Company, owned and operated by John Bibbo, Jr., Kevin Bibbo, John Bibbo, Sr., and Susan Bibbo, and Defendant J.B.K. Group, Inc. Event Source was a for-profit Ohio corporation. J.B.K. Group, Inc., was registered with the Ohio Secretary of State as an Ohio Corporation for profit. The Defendants maintain offices in Cleveland, Ohio, as well as in Columbus, Ohio; Detroit, Michigan; Pittsburgh Pennsylvania; Pompano Beach Florida; and West Palm Beach Florida. The Defendants were in the business of renting equipment to customers to stage 'Special Events,' using products Defendants purchase and/or custom-make.[BN] The Plaintiff is represented by: Caryn M. Groedel, Esq. Matthew Grimsley, Esq. CARYN GROEDEL & ASSOCIATES CO., LPA 31340 Solon Road, Suite 27 Cleveland, OH 44139 Telephone: (440) 544-1122 Facsimile: (440) 996-0064 E-mail: cgroedel@groedel-law.com mgrimsley@groedel-law.com FACEBOOK INC: Faces "O'Kelly" Suit for Not Protecting Users' Info ----------------------------------------------------------------- HOWARD O'KELLY, on behalf of himself and all others similarly situated v. FACEBOOK, INC.; and CAMBRIDGE ANALYTICA, LLC, Case No. 3:18-cv-01915 (N.D. Cal., March 28, 2018), seeks redress for Facebook's alleged failure to protect and safeguard the private information of nearly 50 million of its users, allowing that information to be pilfered by Cambridge Analytica in an attempt to manipulate Facebook users for political ends. Facebook is incorporated in Delaware and headquartered in Menlo Park, California. Facebook operates a social networking Web site that allows people to communicate with their family, friends, and coworkers. Facebook develops technologies that facilitate the sharing of information, photographs, website links, and videos. Cambridge Analytica LLC is a Delaware limited liability company with offices in London, New York, and Washington, DC. Cambridge Analytica is a political consulting firm.[BN] The Plaintiff is represented by: Jason S. Hartley, Esq. STUEVE SIEGEL HANSON LLP 550 West C Street, Suite 1750 San Diego, CA 92101 Telephone: (619) 400-5822 Facsimile: (619) 400-5832 E-mail: hartley@stuevesiegel.com - and - Norman E. Siegel, Esq. Barrett J. Vahle, Esq. STUEVE SIEGEL HANSON LLP 460 Nichols Road, Suite 200 Kansas City, MO 64112 Telephone: (816) 714-7100 Facsimile: (816) 714-7101 E-mail: siegel@stuevesiegel.com vahle@stuevesiegel.com FACEBOOK INC: "Casey" Suit Alleges Exchange Act Violation --------------------------------------------------------- Robert Casey, on behalf of himself and all others similarly situated v. Facebook, Inc., Mark E. Zuckerberg, and David M. Wehner, Case No. 5:18-cv-01780 (N.D. Calif., March 22, 2018), is brought against the Defendants for violation of the Securities Exchange Act of 1934. This is a securities class action on behalf of all purchasers of Facebook common stock between February 3, 2017 and March 19, 2018, inclusive (the "Class Period"). The Plaintiff Robert Casey purchased Facebook common stock during the Class Period and suffered damages as a result of federal securities law violations and false and/or misleading statements and/or material omissions, says the complaint. Facebook operates a social networking website that allows people to communicate with their family, friends, and coworkers. Facebook develops technologies that facilitate the sharing of information, photographs, website links, and videos. Facebook users have the ability to share and restrict information based on their own specific criteria. By the end of 2017, Facebook had more than 2.1 billion monthly active users. Founded in 2004, the Company is headquartered in Menlo Park, California. The Company's common stock trades on the NASDAQ Global Select Market under the ticker symbol "FB." The Defendant Zuckerberg is the Company's Chief Executive Officer and Chairman of the Board of Directors. The Defendant David M. Wehner is the Company's Chief Financial Officer. [BN] The Plaintiff is represented by: John T. Jasnoch, Esq. SCOTT+SCOTT ATTORNEYS AT LAW LLP 600 W. Broadway, Suite 3300 San Diego, CA 92101 Tel: (619) 233-4565 Fax: (619) 233-0508 E-mail: jjasnoch@scott-scott.com - and - Alfred G. Yates, Jr., Esq. LAW OFFICE OF ALFRED G. YATES, JR., P.C. 300 Mt. Lebanon Boulevard, Suite 206-B Pittsburgh, PA 15234-1507 Tel: (412) 391-5164 Fax: (412) 471-1033 E-mail: yateslaw@aol.com FIRST ADVANTAGE: Fourth Circuit Appeal Filed in "Grimm" Suit ------------------------------------------------------------ Virginia Barton Grimm filed an appeal from a court ruling in the lawsuit styled Virginia Grimm v. First Advantage Background Services Corp. and The Board of Trustees of the Community College of Baltimore County, Case No. 1:17-cv-01967-LO, in the U.S. District Court for the District of Maryland at Baltimore. As previously reported in the Class Action Reporter, the lawsuit was filed on July 14, 2017, in the Circuit Court for Anne Arundel County, Maryland, and assigned Case No. C-02-CV-17-001368. The lawsuit was removed from the Circuit Court to the District Court. The nature of suit is stated as consumer credit. First Advantage Background Services Corporation provides employment background checks, company research, and drug and medical screening services. The appellate case is captioned as Virginia Grimm v. The Board of Trustees of the Community College of Baltimore County, et al., Case No. 18-1347, in the United States Court of Appeals for the Fourth Circuit.[BN] Plaintiff-Appellant VIRGINIA BARTON GRIMM, individually and on behalf of all others similarly situated, is represented by: Scott C. Borison, Esq. LEGG LAW FIRM, LLC 1900 South Norfolk Road San Mateo, CA 94403 Telephone: (301) 620-1016 Facsimile: (301) 620-1018 E-mail: borison@legglaw.com - and - Peter Albert Holland, Esq. Emanwel Josef Turnbull, Esq. HOLLAND LAW FIRM, PC 914 Bay Ridge Road Annapolis, MD 21403 Telephone: (410) 280-6133 Facsimile: (410) 280-8650 E-mail: peter@hollandlawfirm.com eturnbull@hollandlawfirm.com Defendant-Appellee THE BOARD OF TRUSTEES OF THE COMMUNITY COLLEGE OF BALTIMORE COUNTY is represented by: Clifford Bernard Geiger, Esq. Peter Stephen Saucier, Esq. KOLLMAN & SAUCIER, P.A. 1823 York Road Timonium, MD 21093-0000 Telephone: (410) 727-4300 Facsimile: (410) 727-4391 E-mail: cgeiger@kollmanlaw.com sauce23@kollmanlaw.com Defendant FIRST ADVANTAGE BACKGROUND SERVICES CORP, d/b/a First Advantage, is represented by: Edward Victor Arnold, Esq. SEYFARTH SHAW, LLP 975 F Street, NW Washington, DC 20004-1454 Telephone: (202) 828-3597 Facsimile: (202) 828-5393 E-mail: earnold@seyfarth.com GIGA WATT: "Balestra" Suit Alleges Securities Act Violations ------------------------------------------------------------ Raymond Balestra, individually and on behalf of all others similarly situated v. Giga Watt, Inc., GigaWatt Pte Ltd., Cryptonomos Pte Ltd., and Dave Carlson, Case No. 2:18-cv-00103 (E.D. Wash., March 20, 2018), is brought against the Defendants for violations of the Securities Act of 1933. Plaintiff brings this action in connection with the Giga Watt initial coin offering, which ran from approximately May 19, 2017 through July 31, 2017, Defendants raised over $20 million in bitcoin, ethereum, and fiat currencies by offering and selling unregistered securities, in the form of Giga Watt Tokens, in direct violation of the Securities Act, notes the complaint. On July 17, 2017, Plaintiff used .999564 ETH to purchase a total of 162 WTT Tokens in connection with the Giga Watt ICO through Cryptonomos' website, https://wtt.cryptonomos.com/ As of March 12, 2018, Plaintiff's 162 WTT Tokens is worth approximately $162. In contrast, as of March 12, 2018, the .999564 ETH Plaintiff invested in the Giga Watt ICO is worth approximately $700. Defendant Giga Watt, Inc. is a Washington corporation that was incorporated on December 15, 2016 and has its principle place of business on 1 Campbell Pkwy, East Wenatchee, Washington 98802. Giga Watt, Inc. offers mining solutions and hosting services at its Wenatchee, Washington facilities. Defendant GigaWatt Pte. Ltd. is a privately held, foreign for- profit corporation that was incorporated on March 29, 2017, and which maintains its headquarters at 1 Coleman Street #08-07, Adelphi, Singapore. GigaWatt Pte. Ltd. sells mining equipment to customers worldwide. Defendant Cryptonomos is an affiliate of Giga Watt, Inc., as Cryptonomos maintains the same business address and suite number as Giga Watt Pte. Ltd. Defendant Dave Carlson is the Chief Executive Officer and founder of Defendant Giga Watt, Inc., and upon information and belief, currently controls Defendant Giga Watt, Inc. and Defendant GigaWatt Pte. Ltd. [BN] The Plaintiff is represented by: Roger M. Townsend, Esq. BRESKIN JOHNSON & TOWNSEND PLLC 1000 Second Avenue, Suite 3670 Seattle, WA 98104 Tel: (206) 652-8660 Fax: (206) 652-8290 E-mail: rtownsend@bjtlegal.com GOLDSMITH & HULL: Karcauskas Seeks Prelim. Nod of $20K Settlement ----------------------------------------------------------------- The Plaintiff in the lawsuit titled POVILAS KARCAUSKAS, on behalf of himself and all others similarly situated v. GOLDSMITH & HULL, APC; WILLIAM I. GOLDSMITH; and DOES 1 to 10, Case No. 2:15-cv- 09225-FMO-RAO (C.D. Cal.), filed with the Court his unopposed renewed motion for class certification and preliminary approval of settlement agreement. The class is defined as: (i) all persons having an address within the state of California (ii) who were sent a communication from Defendants Goldsmith & Hull or William I. Goldsmith in the form of Exhibit A (attached to the Complaint) (iii) when a wage garnishment order had not been obtained (iv) to recover a debt incurred for personal, family, or household purposes (v) which was not returned undelivered by the United States Postal Service (vi) during the period of time one year prior to the filing of the Complaint through the date of preliminary approval. The parties also request that an oral hearing be scheduled on this Motion and that the Plaintiff's co-counsel, O. Randolph Bragg, Esq., be permitted to appear by telephone, as he works and resides in Chicago, Illinois. Essentially, the proposed settlement provides that G&H Defendants will pay $20,000 (approximately 1% of their net worth) to the class, whereby each class member will receive a pro rata share (approximately $18.66 each, based on 1,072 putative class members), and will pay additional amounts for the costs of notice and administration up to $10,000, Karcauskas' statutory damages of $2,000 pursuant to the Fair Debt Collection Practices Act, and -- except for Defendant William I. Goldsmith -- under the California Fair Debt Collection Practices Action, California Civil Code Section 1788, an incentive award of $5,000 to the Class Representative, and attorney's fees, costs or expenses as determined by the Court to be awarded to Class Counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=1MDkqDIy The Plaintiff is represented by: Robert Stempler, Esq. CONSUMER LAW OFFICE OF ROBERT STEMPLER, APC 8200 Wilshire Blvd., Suite 200 Beverly Hills, CA 90211-2331 Telephone: (323) 486-0102 Facsimile: (323) 488-6895 E-mail: E-mail: Robert@StopCollectionHarassment.com - and - O. Randolph Bragg, Esq. HORWITZ, HORWITZ & ASSOCIATES 25 East Washington Street, Suite 900 Chicago, IL 60602 Telephone: (312) 372-8822 Facsimile: (312) 372-1673 E-mail: rand@horwitzlaw.com GRITTEN WRECKER: "McCutcheon" Labor Suit to Recover Overtime Pay ---------------------------------------------------------------- Jerry McCutcheon, Individually and on behalf of all others similarly situated, Plaintiff, v. Gritten Wrecker Service, LLC and Todd Robinson, Defendants., Case No. 18-cv-00247 (W.D. Tex., March 15, 2018), seeks all available relief, including compensation, liquidated damages, attorneys' fees and costs pursuant to the Fair Labor Standards and Texas common law. Gritten provides general towing, unlocking, off-road recovery and fuel delivery services throughout the State of Texas where McCutcheon worked for Gritten from approximately September 2016 until August 2017 as a tow truck driver/operator. McCutcheon was paid $60.00 commission for each tow and/or recovery, but did not receive overtime compensation at the required rate of time-and- one-half for all hours worked over forty each workweek, says the complaint. [BN] Plaintiff is represented by: Clif Alexander, Esq. Lauren E. Braddy, Esq. Alan Clifton Gordon, Esq. ANDERSON2X, PLLC 819 N. Upper Broadway Corpus Christi, TX 78401 Tel: (361) 452-1279 Fax: (361) 452-1284 Email: clif@a2xlaw.com lauren@a2xlaw.com cgordon@a2xlaw.com HAIER US: Dooner Seeks Prelim. Approval of Class Settlement ----------------------------------------------------------- The Plaintiffs in the lawsuit styled CHARLES DOONER, et al., Individually, and on behalf of all others similarly situated v. HAIER US APPLIANCE SOLUTIONS, INC., Case No. 1:17-cv-01635-KMW (D.N.J.) ask the Court to enter an order: 1. preliminarily approving the parties' Joint Stipulation of Settlement and Release; 2. provisionally certifying the settlement class under Rules 23(a) and 23(b)(3)of the Federal Rules of Civil Procedure, and finally certifying the settlement class under the Fair Labor Standards Act for purposes of effectuating the settlement; 3. appointing as representatives of the class Charles Dooner, Frederick R. Shellhammer, III, Thomas Foley, David Leppo, and Anthony Chelpaty; 4. appointing as Class Counsel, Swartz Swidler, LLC; Robert D. Soloff P.A.; and Alan Eichenbaum, Esq., based on their qualifications as provided in their declarations; 5. appointing as the Settlement Administrator Angeion Group LLC and preliminarily approving its fees and costs as provided in its bid; 6. approving the Notices of Settlement and Fairness Hearing for the opt-in and non-opt-in Plaintiffs, attached to the Settlement Agreement, and directing their distribution; 7. preliminarily approving Class Counsel's requested fee award of 33 1/3% of the Settlement Fund; 8. directing when Class Counsel must file a motion for final approval of the settlement sought in the Joint Stipulation; and 9. scheduling a Final Settlement Fairness Hearing. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=z91O8Ip8 The Plaintiffs are represented by: Justin L. Swidler, Esq. Richard S. Swartz, Esq. SWARTZ SWIDLER, LLC 1101 Kings Highway North, Suite 402 Cherry Hill, NJ 08034 Telephone: (856) 685-7420 Facsimile: (856) 685-7417 E-mail: jswindler@swartz-legal.com rswartz@swartz-legal.com - and - Robert D. Soloff, Esq. ROBERT D. SOLOFF, P.A. 7805 S.W. 6th Court Plantation, FL 33324 Telephone: (954) 472-0002 E-mail: robert@solofflaw.com - and - Alan Eichenbaum, Esq. LAW OFFICES OF ALAN EICHENBAUM 7890 Peters Road, Suite G-102 Plantation, FL 33324 Telephone: (954) 900-4919 E-mail: alanlaw@bellsouth.net HARVARD COLLECTION: "Barnes" Suit Alleges FDCPA Violation --------------------------------------------------------- Erica Barnes, individually and on behalf of all others similarly situated v. Harvard Collection Services, Inc., Pendrick Capital Partners II, LLC, and John Does 1-25, Case No. 3:18-cv-00382 (M.D. Fla., March 20, 2018), is brought against the Defendants for violations of the Fair Debt Collection Practices Act. Plaintiff Erica Barnes is a resident of Jacksonville, Florida. Defendants are debt collectors. [BN] The Plaintiff is represented by: Justin Zeig, Esq. ZEIG LAW FIRM, LLC 3475 Sheridan Street, Suite 310 Hollywood, FL 33021 E-mail: justin@zeiglawfirm.com HONEYWELL INT'L: UAW Retirees Win Partial Summary Judgment ---------------------------------------------------------- The Hon. Denise Page Hood entered an order in the lawsuit captioned INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE, AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW), and THOMAS BODE, BRUCE EATON, WILLIAM BURNS, PETER ANTONELLIS, and others similarly-situated v. HONEYWELL INTERNATIONAL INC., Case No. 2:11-cv-14036-DPH-DRG (E.D. Mich.): -- granting the Plaintiffs' Motion for Partial Summary Judgment; -- permanently enjoining the Defendant from paying any amount less than the full premium for retirees' health care coverage under the 2003, 2007, 2011 CBAs and the Cleveland, Tennessee closing agreement; -- ruling that Defendant shall make whole those retirees for whom Defendant paid anything less than the full premium amount for health care coverage under the 2003, 2007, and 2011 CBAs or the Cleveland, Tennessee closing agreement; -- denying Defendant's Motion for Partial Summary Judgment; -- denying Plaintiffs' Motion for Summary Judgment on Defendant's Breach of Implied Warranty Counterclaim; -- granting in part and denying in part Defendant's Motion for Summary Judgment; -- denying as moot Plaintiffs' Motion to Compel/Motion to Amend/Correct; -- denying Defendant's Motion for Leave to file Reply Brief re: Gallo v. Moen; -- denying without prejudice Defendant's Amended Motion to Certify Class; and -- ruling that the parties shall appear for a status conference on this matter last April 30, 2018, at 10:30 a.m. The Plaintiffs, including the UAW and the individually named Plaintiffs (retired hourly employees who worked for Defendant and its predecessors), filed the action on September 15, 2011. The Plaintiffs alleged violations of the Employee Retirement Income Security Act and an anticipatory breach of the collective bargaining agreements ("CBAs") entered into by the UAW and Honeywell, specifically, the scope and duration of retiree health care benefits to which the retirees are entitled. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=rBcOv6zQ ILLINOIS: Court Certifies LTC Medicaid Class in "Koss" Suit ----------------------------------------------------------- The Hon. Joan B. Gottschall granted in part and denied in part the Plaintiffs' motion for class certification and motion for preliminary injunction in the lawsuit captioned ALMA KOSS, et al. v. FELICIA F. NORWOOD and JAMES T. DIMAS, Case No. 1:17-cv-02762 (N.D. Ill.). Felicia F. Norwood is the director of the Illinois Department of Healthcare and Family Services, while James T. Dimas is the secretary of the Illinois Department of Human Services. The Defendants' motion to dismiss is granted in part and denied in part, and Counts III and IV of the complaint are dismissed. The Court certifies the LTC Medicaid pending class, as modified in the Court's memorandum opinion and order, under Rule 23(b)(2) of the Federal Rules of Civil Procedure. Judge Gottschall also rules that until further order of the Court or the entry of a final judgment, the Defendants are ordered to: (a) determine, on or before June 28, 2018, the eligibility of Class Members for the long-term care Medicaid benefits for which they have applied; (b) implement policies and processes to ensure that the Defendants prospectively comply with the Medicaid Act's deadlines for eligibility determination found in 42 U.S.C. Section 1396a(a)(8) and 42 C.F.R. 435.912; and (c) beginning June 28, 2018, pay the long-term care and other Medicaid benefits to (or for the benefit of) Class Members while their applications remain pending beyond the Medicaid Act's deadlines for eligibility determination. The Defendants must file a status report on their compliance with this preliminary injunction on or before April 30, 2018. A status conference is set for May 9, 2018, at 9:30 a.m. In this putative statewide class action, Plaintiffs Alma Koss, Wanda Wente, Mary Small, and Lessie Harris bring claims for prospective injunctive and declaratory relief against the Secretary of the Illinois Department of Human Services and the Director of the Illinois Department of Healthcare and Family Services under 42 U.S.C. Section 1983; the Medicaid Act, and its implementing regulations; Title II of the Americans with Disabilities Act; the Rehabilitation Act; and the Due Process Clause of the Fourteenth Amendment. The Plaintiffs' claims arise from delays in processing and administering their applications to be determined eligible for long-term Medicaid benefits used to pay for the cost of their care in nursing facilities or Supportive Living Facilities. A copy of the Memorandum Opinion and Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=duEjDqyj IMPERIAL MARBLE: Olson Moves to Certify Class of Ex-Employees ------------------------------------------------------------- The Plaintiff in the lawsuit entitled JENNIFER OLSON on behalf of herself and all others similarly situated v. IMPERIAL MARBLE CORPORATION, Case No. 1:18-cv-01914 (N.D. Ill.), moves the Court for an order certifying a class and the specific statutory provision contemplating class treatment of claims under the Worker Adjustment and Retraining Notification Act. The proposed class is comprised of all former employees of Imperial Marble Corporation, who worked at or reported to the facility located at 327 E. LaSalle Street, Somonauk, IL, 60552 and were terminated, without cause on their part, on or about February 13, 2018, or within 30 days thereafter, who do not file a timely request to opt-out of the class. Ms. Olson also seeks an order: (a) appointing her as Class Representative; (b) appointing The Gardner Firm, P.C., Lankenau & Miller, LLP and Hiltz & Zanzig LLC as Class Counsel; and (c) approving the form and manner of Notice to the Class. Ms. Olson notes that she is filing the Motion under the guidance from the Court of Appeals in Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011). A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=N3HnipJ7 The Plaintiff is represented by: Stuart J. Miller, Esq. LANKENAU & MILLER, LLP 132 Nassau Street, Suite 1100 New York, NY 10038 Telephone: (212) 581-5005 Facsimile: (212) 581-2122 E-mail: sjm@lankmill.com - and - Mary E. Olsen, Esq. M. Vance McCrary, Esq. THE GARDNER FIRM, PC 210 S. Washington Ave. Mobile, AL 36602 Telephone: (251) 433-8100 Facsimile: (251) 433-8181 E-mail: molsen@thegardnerfirm.com vmccrary@thegardnerfirm.com - and - Blair R. Zanzig, Esq. John F. Hiltz, Esq. HILTZ & ZANZIG LLC 53 West Jackson Blvd., Suite 205 Chicago, IL 60604 Telephone: (312) 566-9008 Facsimile: (312) 566-9015 E-mail: bzanzig@hzlawgroup.com jhiltz@hwzlaw.com LE SPORTSAC: "Fischler" Suit Alleges ADA Violation -------------------------------------------------- Brian Fischler, individually and on behalf of all other persons similarly situated v. Le Sportsac, Inc., Case No. 1:18-cv- 02533(S.D. N.Y., March 21, 2018), asserts claims under the American with Disabilities Act, New York State Human Rights Law and the New York City Human Rights Law. Plaintiff brings this civil rights action against the Defendant for its failure to design, construct, maintain, and operate its website, www.lesportsac.com, to be fully accessible to and independently usable by Plaintiff Fischler and other blind or visually impaired people. Le Sportsac denies full and equal access to its Website. Plaintiff Fischler is, at all relevant times, a resident of Astoria, New York, Queens County. As a blind, visually-impaired handicapped person, he is a member of a protected class of individuals under Title III of the ADA. Defendant Le Sportsac owns and operates stores throughout the United States, including locations at 176 Spring Street, New York, New York and 1065 Madison Avenue, New York, New York. It sells, at these stores, luggage, accessories, handbags and similar items. [BN] The Plaintiff is represented by: Christopher H. Lowe, Esq. Douglas B. Lipsky, Esq. LIPSKY LOWE LLP 630 Third Avenue, Fifth Floor New York, NY 10017-6705 Tel: (212) 392-4772 E-mail: chris@lipskylowe.com doug@lipskylowe.com LVNV FUNDING: Seeks Prelim. OK Class Settlement in "Elliott" Suit ----------------------------------------------------------------- The parties in the lawsuit titled ANTHONY ELLIOTT v. LVNV FUNDING, LLC, Case No. 3:16-cv-00675-TBR-LLK (W.D. Ky.), ask the Court to enter an order: (1) certifying two classes for settlement purposes only: a. Class I: "Prejudgment Court Costs Class" All consumers against whom LVNV or its respective predecessors in interest, agents, employees, attorneys, or Kentucky, obtained a judgment against the consumer, and attempted to collect or did collect via a post-judgment garnishment between October 27, 2015 and the date the Court signs the order preliminarily approving the Settlement Agreement, prejudgment court costs from the consumer without filing a bill of costs itemizing the prejudgment court costs LVNV attempted to recover, or actually recovered. Members of Class I include consumers against whom LVNV actually collected prejudgment court costs without filing a bill of costs itemizing the costs recovered from the consumer and those consumers whom LVNV attempted to, but did not collect prejudgment court costs without filing a bill of costs itemizing the costs sought to be recovered from the consumer; and b. Class II: "Judgment Lien Filing Fee and Garnishment Fee Class" All consumers against whom LVNV or its respective predecessors in interest, agents, employees, attorneys, or representatives (collectively, "LVNV"), filed a lawsuit in Kentucky, obtained a judgment against the consumer, and attempted to collect or did collect via a post-judgment garnishment between October 27, 2015 and the date the Court signs the order preliminarily approving the Settlement Agreement, a post-judgment filing fee paid by LVNV to file a "Notice of Judgment Lien Upon Real Estate" pursuant to a judgment entered against the consumer. Members of Class II include consumers against whom LVNV actually collected a post-judgment filing fee paid by LVNV to file a "Notice of Judgment Lien Upon Real Estate" pursuant to a judgment entered against the consumer and those consumers against whom LVNV attempted to, but did not collect a post-judgment filing fee paid by LVNV to file a "Notice of Judgment Lien Upon Real Estate" pursuant to a judgment entered against the consumer. Members of Class II also include all consumers against whom LVNV filed a lawsuit in Kentucky, obtained a judgment against the consumer, and attempted to collect or did collect via a post-judgment garnishment between October 27, 2015 and the date the Court signs the order preliminarily approving the Settlement Agreement, a post-judgment garnishment fee paid by LVNV to either a garnishee or a clerk of court to file a garnishment to enforce a judgment entered against a consumer. This includes consumers against whom LVNV actually collected a post-judgment garnishment fee paid by LVNV to file a garnishment to enforce a judgment entered against the consumer and those consumers against whom LVNV attempted to, but did not collect a post-judgment garnishment fee paid by LVNV to file a garnishment to enforce a judgment entered against the consumer. (2) preliminarily approving the proposed Settlement Agreement; (3) directing notice to the Class; and (4) setting dates for opt-outs, objections, and a hearing under Rule 23(e)(2) of the Federal Rules of Civil Procedure for final approval of the Settlement Agreement and the granting of a final judgment. The lawsuit is brought for alleged violations of, among other things, the Fair Debt Collection Practices Act and Kentucky state law. With respect to participating settlement class members, LVNV shall issue these settlement benefits: a. Classes I and II: Active Accounts Active Accounts: Those members of Classes I and II whose Accounts are active. Settlement Benefits (actual damages): LVNV shall credit the Class Members' Judgment Balance with the prejudgment court costs sought to be collected, and any payment made by the Class Member that went in total or in part to prejudgment court costs will be reversed and reapplied to the Judgment Balance. Settlement Benefits (statutory damages): LVNV shall credit each Class Members' Judgment Balance an additional $75. b. Classes I and II: Paid, Settled, or Written Off Accounts Paid, Settled, or Written Off Accounts: Those members of Classes I and II whose Accounts are paid, settled, or written off. Settlement Benefits (actual damages): LVNV shall make a cash payment to the Class Members in an amount of any payment made by the Class Member that went in total or in part to prejudgment court costs, whether the Account was paid, settled, or written off by LVNV. If the Account was written off, LVNV agrees that said accounts are forever released and permanently uncollectable. Settlement Benefits (statutory damages): LVNV shall make an additional cash payment of $75.00 to each Class Member. LVNV shall also file a satisfaction of said Judgment paid-in-full through the credits provided for in this Settlement Agreement and LVNV shall release any judgment lien filed as a result of said Judgment. LVNV has also agreed to pay an incentive payment of $3,000 to the Plaintiff, Anthony Elliott, subject to Court approval. LVNV shall pay reasonable attorney's fees and costs in the sum of $80,000 to the Plaintiff's counsel, subject to Court approval. LVNV shall cause to be mailed by first class mail: (1) the Class Notice and Claim Form; and (2) the settlement checks where applicable. A copy of the Joint Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=Uq5yJmTH The Plaintiff is represented by: James R. McKenzie, Esq. JAMES R. MCKENZIE ATTORNEY, PLLC 115 S. Sherrin Avenue, Suite 5 Louisville, KY 40207 Telephone: (502) 371-2179 Facsimile: (502) 257-7309 E-mail: jrmckenzie5@hotmail.com The Defendant is represented by: Gregory S. Berman, Esq. Jordan M. White, Esq. WYATT, TARRANT & COMBS, LLP 500 West Jefferson Street, Suite 2800 Louisville, KY 40202 Telephone: (502) 562-7362 Facsimile: (502) 589-0309 E-mail: gberman@wyattfirm.com jwhite@wyattfirm.com MARRIOTT INT'L: Court Refuses to Certify Class in "Arias" Suit -------------------------------------------------------------- The Hon. Colleen Kollar-Kotelly denies the motion for class certification filed by the Plaintiff in the lawsuit entitled ROSA ARIAS v. MARRIOTT INTERNATIONAL, INC., Case No. 1:15-cv- 01258-CKK (D.D.C.). For the reasons set forth in the accompanying Memorandum Opinion, the Court denies the Plaintiff's Motion for Class Certification, and denies as moot the Plaintiff's Motion for Appointment of Harry T. Spikes, Sr., Esq., as Interim Class Counsel. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=1gR6fZd2 MDL 2741: "Roosevelt" Suit Included in Roundup Liability MDL ------------------------------------------------------------ The lawsuit styled ESTATE OF Riley Roosevelt, by and through his Surviving Spouse, Jenia Roosevelt, on behalf of all legal heirs of Riley Roosevelt v. MONSANTO COMPANY, Case No. 4:18-cv-00417, was transferred on March 30, 2018, from the U.S. District Court for the Eastern District of Missouri to the U.S. District Court for the Northern District of California (San Francisco). The California District Court Clerk assigned Case No. 3:18-cv- 01962-VC to the proceeding. The lawsuit is consolidated in the multidistrict litigation titled IN RE: ROUNDUP PRODUCTS LIABILITY LITIGATION, MDL No. 2741. The lawsuit is an action for damages allegedly suffered by the Plaintiffs as a direct and proximate result of the Defendant's negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, advertising, distribution, labeling, and/or sale of the herbicide Roundup(R), containing the active ingredient glyphosate. The Plaintiffs maintain that Roundup(R) and/or glyphosate is defective, dangerous to human health, unfit and unsuitable to be marketed and sold in commerce, and lacked proper warnings and directions as to the dangers associated with its use. "Roundup" refers to all formulations of the Defendant's Roundup products, including Roundup Concentrate Poison Ivy and Tough Brush Killer 1, Roundup Custom Herbicide, Roundup D-Pak Herbicide, Roundup Dry Concentrate, Roundup Export Herbicide, and Roundup Fence & Hard Edger 1. Monsanto Company is a Delaware corporation, with a principal place of business in St. Louis, Missouri. Monsanto is a multinational agricultural biotechnology corporation. Monsanto advertises and sells goods, specifically Roundup, in the states of Missouri and Louisiana. Monsanto is the world's leading producer of glyphosate.[BN] The Plaintiffs are represented by: Kirk J. Goza, Esq. GOZA HONNOLD TRIAL LAWYERS 11181 Overbrook Road, Suite 200 Leawood, KS 66211 Telephone: (913) 451-3433 Facsimile: (913) 839-0567 E-mail: kgoza@gohonlaw.com MDL 2840: "Baker" Fraud Suit Transferred to S.D. Florida -------------------------------------------------------- In the case docketed as Mark Baker, Cornerstone Growth, LP, and all others similarly situated, Plaintiffs, v. Comerica Bank, Defendant, Case No. 18-cv-60524 (S.D. Fla., March 12, 2018), Plaintiffs move the Judicial Panel on Multidistrict Litigation to transfer all Related Actions currently pending in the Southern District of Florida and the Central District of California against Comerica Bank, as well as any potential tag-along actions, to the United States District Court for the Southern District of Florida for consolidated pre-trial proceedings under MDL No. 2840, dated March 15, 2018. Plaintiffs seeks damages, restitution, and all other relief resulting from unjust enrichment and in violation of the Electronic Funds Transfer Act, Electronic Communications Privacy Act, California's Unfair Competition Law and California's Consumer Legal Remedies Act. Plaintiffs purchased investments from the Woodbridge group of companies. These companies marketed promissory notes and other offerings as low-risk, high-yield investments backed by high- interest real-estate loans to third-party commercial borrowers. However, most of the allegedly supporting loans were to their own shell companies. Lacking the revenue to pay returns owed to Plaintiffs and other investors, Shapiro paid the returns using new investor money, raising more than $1.22 billion before the Ponzi-like scheme collapsed. Each Woodbridge bank account was opened and maintained at Comerica Bank. The latter continued to harbor Shapiro's fraud even after several state regulatory agencies ordered him to cease and desist operations. [BN] Plaintiff is represented by: Harley S. Tropin, Esq. Gail A. McQuilkin, Esq. Rachel Sullivan, Esq. Robert J. Neary, Esq. Daniel Maland, Esq. KOZYAK TROPIN & THROCKMORTON LLP 2525 Ponce de Leon Blvd., 9th Floor Coral Gables, FL 33134 Telephone: (305) 372-1800 Facsimile: (305) 372-3508 Email: hst@kttlaw.com gam@kttlaw.com rs@kttlaw.com rn@kttlaw.com dmaland@kttlaw.com - and - William R. Scherer, III, Esq. SCHERER & MARX, PLLC 633 South Federal Highway, 4th Floor Fort Lauderdale FL 33301 Tel: (954) 482-1660 Email: william@srmxlaw.com MERCK & CO: Faces LEHB Suit Over Zetia(R) Antitrust Violations -------------------------------------------------------------- LAW ENFORCEMENT HEALTH BENEFITS INC., on behalf of itself and all others similarly situated v. MERCK & CO., INC.; MERCK SHARP & DOHME CORP.; SCHERING-PLOUGH CORP.; SCHERING CORP.; MSP SINGAPORE CO. LLC; GLENMARK PHARMACEUTICALS, LTD.; GLENMARK GENERICS INC., U.S.A.; and PAR PHARMACEUTICAL, INC., Case No. 1:18-cv-01900 (E.D.N.Y., March 28, 2018), is brought for claims under federal and state antitrust, consumer protection, and unjust enrichment laws to recover damages and to obtain injunctive and equitable relief for injuries caused by the Defendants. The Plaintiff's claims stem from the Defendants' alleged anticompetitive scheme unreasonably to restrain competition in the market for Zetia(R) and its AB-rated generic equivalents sold in the United States. The complaint stems from a scheme by the Defendants to make billions of dollars by delaying competition for the cholesterol-reducing drug, ezetimibe. For years, the Plaintiff contends, Merck earned handsome returns on the branded version of this drug, Zetia. According to the complaint, Glenmark aimed to challenge Merck's monopoly and to sell generic Zetia and applied to the FDA for the right to do so. Merck sued for patent infringement, and Glenmark responded that the patents underlying Zetia were invalid because they had been obtained through fraud. Then, on the eve of trial, when it seemed Glenmark was going to prevail, the parties settled. The settlement resulted in a sweetheart deal involving an agreement that Glenmark and Par, Glenmark's U.S. distributor, would forego competing for five years, leaving Merck as the entrenched monopolist, and that when it was Glenmark's and Par's turn to dominate the market, Merck would return the favor by not manufacturing its own generic version of Zetia to compete with them. LEHB is a voluntary employee benefits plan organized pursuant to Section 501(c) of the Internal Revenue Code to provide health benefits to its eligible participants and beneficiaries. LEHB's members are current and retired sworn Philadelphia Police Officers, Deputy Sheriffs, County Detectives and their dependents. Merck & Company, Inc., is a corporation organized and existing under the laws of the state of New Jersey, with its principal place of business in Kenilworth, New Jersey. It is or was the parent company of Defendants Merck Sharp & Dohme Corporation and MSP Singapore Company LLC. Merck Sharp & Dohme Corporation is a corporation organized and existing under the laws of the state of New Jersey, with its principal place of business in Kenilworth. MSP Singapore Company LLC is a company organized and existing under the laws of the state of Delaware, with a principal place of business in Kenilworth. MSP is a subsidiary of Merck & Company, Inc. and was the exclusive licensee of the relevant patents. Schering-Plough Corporation was a corporation organized and existing under the laws of the state of New Jersey, with a principal place of business in Kenilworth. Schering Corporation was a corporation organized and existing under the laws of the state of New Jersey, with a principal place of business in Kenilworth. Glenmark Pharmaceuticals Limited is a company organized and existing under the laws of India, with its corporate office located in Mumbai, India. Glenmark Generics Inc., U.S.A., formerly known as Glenmark Pharmaceuticals Inc., U.S.A., is a corporation organized and existing under the laws of the State of Delaware and having a principal place of business in Mahwah, New Jersey. It is a wholly owned subsidiary of Glenmark Pharmaceuticals Limited. Par Pharmaceutical Inc. is a corporation organized and existing under the laws of the State of New York and having a principal place of business in Chestnut Ridge, New York. Par is a wholly owned subsidiary of Endo International plc, an Irish corporation with its principal place of business located in Dublin, Ireland.[BN] The Plaintiff is represented by: Robert G. Eisler, Esq. Deborah A. Elman, Esq. Chad B. Holtzman, Esq. Allison J. McCowan, Esq. GRANT & EISENHOFER P.A. 485 Lexington Avenue New York, NY 10017 Telephone: (646) 722-8500 Facsimile: (646) 722-8501 E-mail: reisler@gelaw.com delman@gelaw.com choltzman@gelaw.com amccowan@gelaw.com MERCK & CO: Providence Files Suit Over Zetia Price Conspiracy ------------------------------------------------------------- City of Providence, Rhode Island, on behalf of itself and all others similarly situated, Plaintiff, v. Merck & Company, Inc., Merck Sharp & Dohme Corporation, Schering-Plough Corporation, Schering Corporation, MSP Singapore Company LLC, Glenmark Pharmaceuticals Limited and Glenmark Generics Inc., USA, Defendants, Case No. 18-cv-10498 (D. Mass., March 15, 2018), seeks damages plus interest, including reasonable attorneys' fees and such other and further relief resulting from unjust enrichment, conspiracy and combination in restraint of trade and in violation of various state consumer protection laws. Merck and Glenmark allegedly connived for Glenmark not to compete in the Zetia market. Zetia is a cholesterol drug that counteracts plaque development in arteries. Merck avoided patent invalidation and retained its lucrative Zetia monopoly until Glenmark entered with its generic product. Merck allegedly gained from Glenmark's agreement to postpone generic entry during the six months in which Glenmark enjoyed generic exclusivity due to Merck's agreement not to launch an authorized generic version of Zetia. Such anticompetitive agreement monopolized the price of Zetia, says the complaint. City of Providence, Rhode Island is a municipal corporation that operates a self-insured health and welfare benefit plan and purchases, pays and/or provides reimbursement for its employees, retirees, and/or plan beneficiaries. It purchased, paid and/or provided reimbursement for Zetia and/or its generic equivalent. Merck & Company, Inc., Merck Sharp & Dohme Corporation, Schering- Plough Corporation, Schering Corporation and MSP Singapore Company LLC are pharmaceutical companies that operate under the Merck brand. Glenmark is an Indian pharmaceutical company with US presence. [BN] The Plaintiff is represented by: Nathaniel L. Orenstein, Esq. John Sutter, Esq. BERMAN TABACCO One Liberty Square Boston, MA 02109 Tel: (617) 542-8300 Fax: (617) 542-1194 Email: norenstein@bermantabacco.com jsutter@bermantabacco.com - and - Todd A. Seaver, Esq. BERMAN TABACCO 44 Montgomery Street, Suite 650 San Francisco, CA 94104 Tel: (415) 433-3200 Fax: (415) 433-6382 Email: tseaver@bermantabacco.com - and - Michael M. Buchman, Esq. Erin C. Durba, Esq. Michelle C. Zolnoski, Esq. MOTLEY RICE LLC 600 Third Avenue, Suite 2101 New York, NY 10016 Telephone: (212) 577-0040 Facsimile: (212) 577-0050 Email: mbuchman@motleyrice.com edurba@motleyrice.com mzolnoski@motleyrice.com MILITARY SYSTEMS: "Mosley" Suit Seeks to Recover Overtime Wages --------------------------------------------------------------- JAMES MOSLEY, on behalf of himself and those similarly situated v. MILITARY SYSTEMS GROUP, INC., A Domestic For-Profit Corporation, Case No. 3:18-cv-00318 (M.D. Tenn., March 28, 2018), seeks to recover alleged unpaid overtime wages, an additional equal amount as liquidated damages, obtain declaratory relief, and reasonable attorney's fees and costs pursuant to the Fair Labor Standards Act. Military Systems Group Inc. manufactures and distributes weapon mounting products. The Company offers gun mounts, swing arms, ammunition cans and bins, stands, counting brackets, and accessories. The Company caters to United States Army, Navy, Air Force, and Marines. The Company was founded in 1984 and is based in Nashville, Tennessee.[BN] The Plaintiff is represented by: Brian Christopher Winfrey, Esq. MORGAN & MORGAN 2002 Richard Jones Rd. Suite B-200 Nashville, TN 37215 Telephone: (615) 601-1276 Facsimile: (615) 928-9917 E-mail: BWinfrey@forthepeople.com NATIONAL DOCUMENT: "Sadrarhami" Suit Alleges TCPA Violation ----------------------------------------------------------- Ali Sadrarhami, individually and on behalf of all others similarly situated v. National Document Processing, LLC dba National Student Loans, Case No. 8:18-cv-00459 (C.D. Calif., March 22, 2018), seeks damages pursuant to the Telephone Consumer Protection Act. The Plaintiff Ali Sadrarhami is a resident of the Orange County, State of California. The Defendant National Document Processing, LLC is a private company, not affiliated with the department of education or any academic or governmental entity. The Defendant offers loan consolidation services and repayment programs. [BN] The Plaintiff is represented by: Joshua B. Swigart, Esq. Yana A. Hart, Esq. HYDE & SWIGART, APC 2221 Camino Del Rio South, Suite 101 San Diego, CA 92108-3551 Tel: (619) 233-7770 Fax: (619) 297-1022 E-mail: josh@westcoastlitigation.com yana@westcoastlitigation.com NEW JERSEY: Aruanno Appeals Ruling in "Alves" to 3rd Cir. --------------------------------------------------------- Plaintiff Joseph Aruanno filed an appeal from a court ruling in the lawsuit entitled Raymond Alves, et al. v. Merrill Main, et al., Case No. 2-01-cv-00789, in the U.S. District Court for the District of New Jersey. As previously reported in the Class Action Reporter, Joseph Aruanno, proceeding pro se and in forma pauperis, previously petitioned for a writ of mandamus in connection with the District Court's alleged failure to rule on his pending motion to reopen Bagarozy, et al. v. Harris, et al., D.N.J. No. 04-cv-03066. Mr. Aruanno, who is civilly committed under the New Jersey Sexually Violent Predator Act to the Special Treatment Unit Annex in Avenel, New Jersey, is a plaintiff in a consolidated class action alleging inadequate therapeutic treatment and punitive conditions of confinement in New Jersey's STU facilities. The litigation began in 2001, with the filing of the "Alves" Case. He has also previously appealed other ruling in the "Alves" Case. The appellate case is captioned as Raymond Alves, et al. v. Merrill Main, et al., Case No. 18-1691, in the United States Court of Appeals for the Third Circuit.[BN] Plaintiffs-Appellees RAYMOND ALVES, MICHAEL CULBRETH and DERRICK SESSOMS, Individually and on behalf of all persons similarly situated, are represented by: Jennifer B. Condon, Esq. SETON HALL UNIVERSITY SCHOOL OF LAW 833 McCarter Highway Newark, NJ 07102 Telephone: (973) 642-8700 E-mail: jenny-brooke.condon@shu.edu - and - Lawrence S. Lustberg, Esq. GIBBONS P.C. One Gateway Center Newark, NJ 07102 Telephone: (973) 596-4731 Facsimile: (973) 639-6285 E-mail: llustberg@gibbonslaw.com Defendants-Appellees MERRIL MAIN, Ph.D., in his official capacity as Clinical Director of the Special Treatment Unit; COMMISSIONER NEW JERSEY DEPARTMENT OF HUMAN SERVICES; LYNN A. KOVICH, in her official capacity as Assistant Commissioner and Deputy Director of the New Jersey Division of Mental Health and Addiction Services; and ATTORNEY GENERAL NEW JERSEY are represented by: David L. DaCosta, Esq. OFFICE OF ATTORNEY GENERAL OF NEW JERSEY Richard J. Hughes Justice Complex 25 Market Street Trenton, NJ 08625 Telephone: (609) 341-3689 E-mail: dacosdav@dol.lps.state.nj.us NORTHLAND GROUP: Santiago Obtains Final OK of Class Settlement -------------------------------------------------------------- Magistrate Judge Cathy L. Waldor issued an order granting a motion certifying the case to proceed as a class action and granting final approval of the parties' class settlement agreement in the lawsuit styled NORMA I. SANTIAGO, on behalf of herself and those similarly situated v. NORTHLAND GROUP INC.; and PINNACLE CREDIT SERVICES, LLC, Case No. 2:15-cv-03608-CLW (D.N.J.), according to court docket entry dated April 9, 2018. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=VjxForcr The Plaintiff is represented by: Bharati Sharma Patel, Esq. THE WOLF LAW FIRM, LLC 1520 U.S. Highway 130 - Suite 101 North Brunswick, NJ 08902 Telephone: (732) 545-7900 Facsimile: (732) 545-1030 E-mail: bpatel@wolflawfirm.net - and - Yongmoon Kim, Esq. KIM LAW FIRM, LLC 411 Hacksensack Avenue, 2nd Floor Hackensack, NJ 07601 Telephone: (201) 273-7117 Facsimile: (201) 273-7117 E-mail: ykim@kimlf.com The Defendant is represented by: Han Sheng Beh, Esq. HINSHAW & CULBERTON LLP 800 Third Avenue, 13th Floor New York, NY 1002 Telephone: (212) 471-6238 E-mail: hbeh@hinshawlaw.com OCWEN LOAN: FCCPA Class and FDCPA Subclass Certified in "Belcher" ----------------------------------------------------------------- The Hon. Steven D. Merryday granted the Plaintiff's motion for class certification in the lawsuit captioned TIMOTHY J. BELCHER v. OCWEN LOAN SERVICING, LLC, Case No. 8:16-cv-00690-SDM-AEP (M.D. Fla.). The FCCPA class comprises: "All individuals in the State of Florida who: (1) were offered a HAMP loan modification by Defendant (2) for a debt incurred for personal, family, or household purposes, (3) accepted that offer by making a payment, (4) successfully completed the HAMP trial period for permanent loan modification of the debt by making three requisite monthly payments, and (5) during the HAMP trial period received a written delinquency notice from Defendant threatening the individual with foreclosure or the incurrence of additional fees if the individual failed to pay his or her unmodified loan amount, (6) on or after March 18, 2014." The FDCPA subclass comprises: "All individuals in the State of Florida who: (1) were offered a HAMP loan modification by Defendant (2) for a debt incurred for personal, family, or household purposes and (3) for a debt that Defendant acquired after it was in default, (4) accepted that offer by making a payment, (5) successfully completed the HAMP trial period for permanent loan modification of the debt by making three requisite monthly payments, and (6) during the HAMP trial period received a written delinquency notice from Defendant threatening the individual with foreclosure or the incurrence of additional fees if the individual failed to pay his or her unmodified loan amount, (7) on or after March 18, 2015." According to the Court's order, the Magistrate Judge recommends granting Timothy J. Belcher's motion for class certification; recommends certifying a Florida Consumer Collection Practices Act class and a Fair Debt Collection Practices Act subclass; recommends appointing the law firm of Kynes, Markman & Felman, P.A., as class counsel; and recommends appointing Belcher as class representative. Both parties object to the report and recommendation. Judge Merryday states that a de novo review of the Report and Recommendation reveals that the Defendant's objections are unfounded. Accordingly, the Defendant's objections are overruled. The Plaintiff's objections are sustained to the extent that Claire Meryl Brueck, James Frazier Carraway, Katherine Earle Yanes, and Brandon Kyle Breslow are appointed as class counsel. Accordingly, Judge Merryday rules, the Report and Recommendation is adopted-in-part. The Plaintiff's motion for class certification is granted and Belcher is appointed as class representative. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=GmYh0YDp OGORGEOUS INC: Faces "Sullivan" Over Deaf-Inaccessible Web Site --------------------------------------------------------------- PHILLIP SULLIVAN, JR., on behalf of himself and all others similarly situated v. OGORGEOUS INC. d/b/a POP PILATES, Case No. 1:18-cv-02737 (S.D.N.Y., March 28, 2018), seeks to put an end to alleged systemic civil rights violations committed by the Defendant against the deaf and hard of hearing individuals in New York State and across the United States. Mr. Sullivan alleges the Defendant is denying the deaf and hard of hearing individuals throughout the United States equal access to the goods and services it provides to non-disabled individuals through http://www.poppilateslife.com/. The Web site provides to the public online content regarding fitness and Pilates workouts through a wide array of virtual online courses, trainings, workshops, services, and other programs offered by the Defendant. Headquartered in Fremont, California, Ogorgeous Inc., doing business as Pop Pilates, is an American for-profit corporation organized under the laws of California and is registered in the state of California to do business. The Defendant operates the Web site, a health and fitness online content provider that teaches Pilates completed with pop music, through video courses and playlists and an ecommerce feature that allows Defendant to sell its products and services.[BN] The Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 30 East 39th Street, Second Floor New York, NY 10016 Telephone: (212) 465-1188 Facsimile: (212) 465-1181 E-mail: cklee@leelitigation.com OMNICELL INC: "Beard" Suit Seeks to Recover Unpaid Overtime Wages ----------------------------------------------------------------- Michael K. Beard, individually and on behalf of all others similarly situated v. Omnicell, Inc., Case No. 3:18-cv-00304 (M.D. Tenn., March 22, 2018), seeks to recover unpaid overtime wages, liquidated damages, costs, and attorneys' fees pursuant to the Fair Labor Standards Act. The Plaintiff Michael K. Beard is currently a resident of the State of Tennessee. The Plaintiff was employed by Defendant as a non-exempt hourly paid IT Support Engineer at the 443 Donelson Pike, Suite 200, Nashville, TN 37214 location from approximately November 2013 through February 2017. The Defendant Omnicell, Inc. provides automation and business analytics software solutions for medication and supply management in healthcare worldwide. The Defendant maintains a principal place of business at 590 E. Middlefield Rd., Mountain View, CA 94043-4008. [BN] The Plaintiff is represented by: Gregory F. Coleman, Esq. Lisa A. White, Esq. Adam A. Edwards, Esq. GREG COLEMAN LAW PC First Tennessee Plaza 800 South Gay Street, Suite 1100 Knoxville, TN 37929 Tel: (865) 247-0080 Fax: (865) 522-0049 E-mail: greg@gregcolemanlaw.com lisa@gregcolemanlaw.com adam@gregcolemanlaw.com PERMANENTE MEDICAL: Wolf Seeks Prelim. OK of $2.9-Mil. Settlement ----------------------------------------------------------------- The parties in the lawsuit captioned DEBRA WOLF, individually and on behalf of all other similarly situated individuals v. THE PERMANENTE MEDICAL GROUP, INC., a California corporation, Case No. 3:17-cv-05345-VC (N.D. Cal.), jointly move the Court to: (1) conditionally certify a settlement class, which comprises all current and former hourly TSRs who have worked for TPMG from September 14, 2013 through preliminary approval; (2) preliminarily approve the parties' proposed $2,950,000 class action settlement; (3) appoint the Plaintiff and opt-in plaintiff Natty Medrano as the Class Representatives, their counsel as Class Counsel, and Simpluris, Inc., as Settlement Administrator; (4) approve the forms of notice to the class of the settlement, the Class Member Information Sheet, and the Election Not to Participate in the Settlement; and (5) schedule a hearing on the final approval of the Settlement for October 5, 2017, or as soon thereafter as the Court is available. The case is an FLSA/California wage-and-hour hybrid collective/class action. Plaintiff Wolf and opt-in Plaintiff Medrano and the putative class members are 1,614 "Teleservice Representatives" ("TSRs"), who staffed three call centers operated by TPMG and located in Sacramento, San Jose and Vallejo. The $2,950,000 "Total Settlement Amount" will cover: (a) class member payments to all participating class members; (b) the payment to the California Labor and Workforce Development Agency (the "LWDA") of $37,500 for PAGA penalties; (c) the Class Representative Service Payments up to $10,000 ($7,500 for Plaintiff Wolf and $2,500 for opt-in Plaintiff Medrado); (d) Class Counsel's fees and costs up to $777,500 (25% of the Total Settlement Amount for fees plus $40,000 for costs); and (d) the settlement administration costs up to $35,000. The parties also ask the Court to adopt this schedule for purposes of effectuating the various steps in the settlement approval process: * Deadline for Filing Preliminary Approval Motion -- March 29, 2018; * Deadline for TPMG to mail CAFA notices -- April 9, 2018; * Preliminary Approval Hearing Date -- May 3, 2018; * Entry of Preliminary Approval Order -- May 3, 2018; * TPMG to provide the Settlement Administrator with addresses for Class Notice to be mailed -- May 18, 2018; * Deadline for the Settlement Administrator to mail Class Notice Packet (Mailing Date) -- June 4, 2018; * Deadline for filing Motion for Fees and Costs -- July 5, 2018; * Deadline for Class Members to mail Elections Not to Participate in Settlement and Objections -- July 19, 2018; * Deadline for Parties to file response to objections -- Within 7 days before Final Fairness Hearing; * Deadline for filing Final Approval Motion -- No later than 35 days in advance of Final Approval Hearing; * Final Approval Hearing -- September 6, 2018. The Court will commence a hearing on May 3, 2018, at 10:00 a.m., to consider the Motion. A copy of the Joint Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=E1eYwTxr The Plaintiffs and Proposed Class and Collective Members are represented by: Jahan C. Sagafi, Esq. OUTTEN & GOLDEN LLP One Embarcadero Center, 38th Floor San Francisco, CA 94111 Telephone: (415) 638-8800 Facsimile: (415) 638-8810 E-mail: jsagafi@outtengolden.com - and - Kevin J. Stoops, Esq. Jason J. Thompson, Esq. Charles R. Ash, IV, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Telephone: (248) 355-0300 Facsimile: (248) 436-8453 E-mail: Jthompson@sommerspc.com kstoops@sommerspc.com crash@sommerspc.com Defendant The Permanente Medical Group, Inc., is represented by: Jeffrey D. Wohl, Esq. Caitlin M. Wang, Esq. PAUL HASTINGS LLP 101 California Street, 48th Floor San Francisco, CA 94111 Telephone: (415) 856-7000 Facsimile: (415) 856-7100 E-mail: jeffwohl@paulhastings.com caitlinmarianwang@paulhastings.com PRIME COMMUNICATIONS: Wins Bid to Amend Class in "Lorenzo" Suit --------------------------------------------------------------- The Hon. Malcolm J. Howard enters an order in the lawsuit entitled ROSE LORENZO, on behalf of herself and all others similarly situated v. PRIME COMMUNICATIONS, L.P., a Texas General Partnership, Case No. 5:12-cv-00069-H-KS (E.D.N.C.), granting the Defendant's alternative motion to amend the class definition and redefines the class as follows: All natural persons employed by Prime Communications, L.P., in retail stores and kiosks in the State of North Carolina from May 4, 2010 to November 30, 2013 who were paid commissions or bonuses during that same period based on point of sales transactions. The matter is before the Court on the Defendant's motion to decertify or amend the Rule 23 class previously certified in this action. On January 31, 2018, United States Magistrate Judge Kimberly A. Swank filed a memorandum and recommendation (M&R) recommending that Prime's motion to decertify the Rule 23 class be denied and Prime's motion to amend the Rule 23 class be granted. The Defendant objected to the M&R, and Plaintiffs responded. The parties also filed, as directed by Magistrate Judge Swank, a joint notice regarding a proposed amendment to the class definition. The Court adopts the recommendation of the Magistrate Judge as its own. Defendant's motion to decertify the class is denied and the Defendant's alternative motion to amend the class definition is granted. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=BL9nrdkP PROFESSIONAL PLACEMENT: Untershine Moves for Class Certification ---------------------------------------------------------------- Ronald Untershine moves the Court to certify the class described in the complaint of the lawsuit entitled RONALD UNTERSHINE, Individually and on Behalf of All Others Similarly Situated v. PROFESSIONAL PLACEMENT SERVICES LLC and CAPITAL ONE N.A., Case No. 2:18-cv-00501 (E.D. Wisc.), and further asks that the Court both stay the motion for class certification and to grant the Plaintiff (and the Defendants) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. Dicta in the Supreme Court's decision in Campbell-Ewald Co. v. Gomez, left open the possibility that a defendant facing a class action complaint could moot a class representative's case by depositing funds equal to or in excess of the maximum value of the plaintiff's individual claim with the court and having the court enter judgment in the plaintiff's favor prior to the filing of a class certification motion, the Plaintiff asserts, citing Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016). To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion. Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011), overruled on other grounds, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015) ("The pendency of that motion [for class certification] protects a putative class from attempts to buy off the named plaintiffs."). While the Seventh Circuit has held that the specific procedure described in Campbell-Ewald cannot force the individual settlement of a class representative's claims, the same decision cautions that other methods may prevent a plaintiff from representing a class, the Plaintiff tells the Court, citing Fulton Dental, LLC v. Bisco, Inc., No. 16-3574, 2017 U.S. App. LEXIS 10839 *9-10 (7th Cir. June 20, 2017). The Plaintiff asserts that one defendant has attempted a similar tactic by sending a certified check to the proposed class representative. Bonin v. CBS Radio, Inc., No. 16-cv-674-CNC (E.D. Wis.); see also Severns v. Eastern Account Systems of Connecticut, Inc., Case No. 15-cv-1168, 2016 U.S. Dist. LEXIS 23164 (E.D. Wis. Feb. 24, 2016). The Plaintiff is obligated to move for class certification to protect the interests of the putative class, the Plaintiff contends. As the Motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when short motion to certify and stay should suffice until an amended motion is filed, the Plaintiff contends. The Plaintiff also asks to be appointed as class representative, and for the appointment of Ademi & O'Reilly, LLP, as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=DScR7Gvw The Plaintiff is represented by: John D. Blythin, Esq. Mark A. Eldridge, Esq. Jesse Fruchter, Esq. Ben J. Slatky, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: jblythin@ademilaw.com meldridge@ademilaw.com jfruchter@ademilaw.com bslatky@ademilaw.com RENO HOUSING: Ninth Circuit Appeal Filed in "Roces" Class Suit -------------------------------------------------------------- Plaintiffs Joaquin Roces, Judith Lopez, Juan Lopez, Jaime Villa and Melisa Chavez filed an appeal from a court ruling entered in their lawsuit titled Joaquin Roces, et al. v. Reno Housing Authority, Case No. 3:15-cv-00408-RCJ-WGC, in the U.S. District Court for Nevada, Reno. As previously reported in the Class Action Reporter, the lawsuit is brought against the Defendants for alleged failure to properly pay all wages due in violation of the Fair Labor Standard Act. The appellate case is captioned as Joaquin Roces, et al. v. Reno Housing Authority, Case No. 18-15525, 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 April 27, 2018; -- Transcript is due on May 29, 2018; -- Appellants Melisa Chavez, Juan Lopez, Judith Lopez, Joaquin Roces and Jaime Villa's opening brief is due on July 6, 2018; -- Appellee Reno Housing Authority's answering brief is due on August 6, 2018; and -- Appellants' optional reply brief is due 21 days after service of the answering brief.[BN] Plaintiffs-Appellants Joaquin Roces, Judith Lopez, Juan Lopez, Jaime Villa and Melisa Chavez, on behalf of themselves and all others similarly situated, are represented by: Joshua D. Buck, Esq. Mark Russell Thierman, Esq. THIERMAN BUCK, LLP 7287 Lakeside Drive Reno, NV 89511 Telephone: (775) 284-1500 Facsimile: (775) 703-5027 E-mail: josh@thiermanbuck.com mark@thiermanbuck.com Defendant-Appellee RENO HOUSING AUTHORITY is represented by: Stephen S. Kent, Esq. KENT LAW, PLLC 201 West Liberty Street, Suite 320 Reno, NV 89501 Telephone: (775) 324-9800 Facsimile: (775) 324-9803 E-mail: skent@skentlaw.com - and - Charles Robert Zeh, Esq. THE LAW OFFICES OF CHARLES R. ZEH, ESQ. 575 Forest Street, Suite 200 Reno, NV 89509 Telephone: (775) 323-5700 Facsimile: (775) 786-8183 E-mail: crzeh@aol.com SAFE HAVEN: Atilano Moves to Certify Class of Case Managers ----------------------------------------------------------- The Plaintiff in the lawsuit titled JOSE ATILANO, individually and on behalf of all similarly-situated persons v. A SAFE HAVEN LLC and A SAFE HAVEN FOUNDATION, Case No. 1:17-cv-00758 (N.D. Ill.), asks the Court to conditionally certify a class defined as: "All persons who have been employed by Defendants or their predecessors, successors or assigns as Case Managers, Case Aides or in other similar job positions at any of Defendants' locations and at any time from January 2014 through and including the present and until final resolution of the case." Mr. Atilano also asks the Court to order the Defendants to produce contact information of all potential class members, including names, phone numbers, e-mail addresses and physical addresses within seven days, and that Notice proceed by U.S. Mail, e-mail, and a posted notice in an employees-only area within 14 days. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=VZmTpyBL The Plaintiff is represented by: Robin Potter, Esq. M. Nieves Bolanos, Esq. Patrick Cowlin, Esq. POTTER BOLANOS LLC 111 E. Wacker Dr., Suite 2600 Chicago, IL 60601 Telephone: (312) 861-1800 E-mail: robin@potterlaw.org nieves@potterlaw.org patrick@potterlaw.org SHERWIN-WILLIAMS CO: "Sluder" Suit Transferred to N.D. Ohio ----------------------------------------------------------- The case captioned Regan Sluder, individually and on behalf of all others similarly situated, Plaintiff, vs. The Sherwin- Williams Company and The Sherwin-Williams Manufacturing Company, USA, Case No. 18-cv-01121 (N.D. Ill., February 13, 2018), was transferred to U.S. District Court for the Northern District of Ohio on March 15, 2018 under Case No. 18-cv-0060. Sluder purchased Defendants' Duckback Deck and Dock Elastomeric Coating and Deck and Dock Solid Coating and SuperDeck Deck and Dock Coating that peel, crack and bubble once exposed to the elements. Sherwin-Williams Company is a multinational company with subsidiaries that manufacture and market high-performance coatings, sealants, and specialty chemicals, primarily for maintenance, repair and improvement applications. [BN] Plaintiff is represented by: Edward A. Wallace, Esq. Amy E. Keller, Esq. WEXLERWALLACE LLP 55 West Monroe Street, Suite 3300 Chicago, IL 60603 Tel: (312) 246-2222 Fax: (312) 346-0022 Email: eaw@wexlerwallace.com aek@wexlerwallace.com - and - Gregory F. Coleman, Esq. GREG COLEMAN LAW PC First Tennessee Plaza 800 S. Gay Street, Suite 1100 Knoxville, TN 37929 Tel: (865) 247-0080 Fax: (865) 522-0049 Email: greg@gregcolemanlaw.com - and - Richard L. Miller II, Esq. SIPRUT PC 17 N. State Street, Suite 1600 Chicago, IL 60602 Tel: (312) 236-0000 Fax: (312) 948-9212 Email: rmiller@siprut.com Sherwin-Williams Group is represented by: Thomas Mark Williams, Esq. ULMER & BERNE - CHICAGO Ste. 3600, 500 West Madison Street Chicago, IL 60661 Tel: (312) 658-6500 Fax: (312) 658-6501 Email: twilliams@ulmer.com SPACIOUS TECHNOLOGIES: Martinez Sues Over Blind-Unusable Web Site ----------------------------------------------------------------- PEDRO MARTINEZ, Individually and as the representative of a class of similarly situated persons v. SPACIOUS TECHNOLOGIES, INC. d/b/a Spacious, Case No. 1:18-cv-01871 (E.D.N.Y., March 28, 2018), is a civil rights action brought against Spacious for its alleged failure to design, construct, maintain, and operate its Web site -- http://www.Spacious.com/-- to be fully accessible to and independently usable by the Plaintiff and other blind or visually-impaired persons. Spacious Technologies, Inc., is a Delaware foreign business corporation authorized to do business in New York State. The Company owns and operates Spacious Workspaces, which is a place of public accommodation. Spacious Workspaces provides to the public goods and services, such as spaces for doing work and membership, among other products.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 44 Court Street, Suite 1217 Brooklyn, NY 11201 Telephone: (917) 373-9128 E-mail: ShakedLawGroup@Gmail.com ST. LOUIS RAMS: Seeks 8th Cir. Review of Ruling in "McAllister" --------------------------------------------------------------- Defendant The St. Louis Rams LLC filed an appeal from a court ruling in the lawsuit entitled Ronald McAllister, et al. v. The St. Louis Rams LLC, Case Nos. 4:16-cv-00172-SNLJ, 4:16-cv-00262- SNLJ, 4:16-cv-00297-SNLJ, in the U.S. District Court for the Eastern District of Missouri - St. Louis. As reported in the Class Action Reporter on March 20, 2018, the District Court issued a Memorandum and Order remanding the case to the Circuit Court for the City of St. Louis, Missouri. Plaintiff James Pudlowski filed his first complaint in the State Court, and the Defendants removed the case to the District Court citing diversity jurisdiction generally and, in the alternative, minimal diversity under the Class Action Fairness Act. The appellate case is captioned as Ronald McAllister, et al. v. The St. Louis Rams LLC, Case No. 18-8001, in the United States Court of Appeals for the Eighth Circuit.[BN] Plaintiff-Respondent Ronald McAllister, on behalf of himself and all others similarly situated, is represented by: Anthony S. Bruning, Esq. Anthony S. Bruning, Jr., Esq. Ryan L. Bruning, Esq. Edward Morris Roth, Esq. BRUNING LAW FIRM, LLC 555 Washington Avenue, Suite 600 Saint Louis, MO 63101 Telephone: (314) 735-8100 E-mail: tony@bruninglegal.com aj@bruninglegal.com ryan@bruninglegal.com eroth@bruninglegal.com - and - Richard Steven Cornfeld, Esq. LAW OFFICE OF RICHARD S. CORNFELD 1010 Market Street, Suite 1720 Saint Louis, MO 63101 Telephone: (314) 241-5799 E-mail: rcornfeld@cornfeldlegal.com - and - Mark C. Goldenberg, Esq. Kevin Paul Green, Esq. Thomas Paul Rosenfeld, Esq. GOLDENBERG HELLER, PC 2227 S. State, Route 157 Edwardsville, IL 62025-0000 Telephone: (618) 656-5150 E-mail: mark@ghalaw.com kevin@ghalaw.com tom@ghalaw.com Plaintiffs-Respondents Brad Pearlman and D. McNeely Cochran are represented by: Fernando Bermudez, Esq. BERMUDEZ LAW, LLC 7701 Forsyth Boulevard, Suite 950 St. Louis, MO 63108 Telephone: (314) 339-3082 E-mail: bermudez@stlouislaw.com - and - Martin M. Green, Esq. LAW OFFICES OF MARTIN GREEN, P.C. 7733 Forsyth Boulevard, Suite 700 Saint Louis, MO 63105 Telephone: (314) 562-1017 Plaintiffs-Respondents Envision, LLC, Robert D. Bohm, Sue Bohm and Edward E. Mock are represented by: David Richard Bohm, Esq. Michael Ryan Cherba, Esq. DANNA MCKITRICK, P.C. 7701 Forsyth Boulevard, Suite 800 Saint Louis, MO 63105 Telephone: (314) 726-1000 E-mail: dbohm@dmfirm.com mcherba@dmfirm.com Plaintiff-Respondent Richard Arnold is represented by: Fernando Bermudez, Esq. BERMUDEZ LAW, LLC 7701 Forsyth Boulevard, Suite 950 St. Louis, MO 63108 Telephone: (314) 339-3082 E-mail: bermudez@stlouislaw.com - and - Kevin Paul Green, Esq. GOLDENBERG HELLER, PC 2227 S. State, Route 157 Edwardsville, IL 62025-0000 Telephone: (618) 656-5150 E-mail: kevin@ghalaw.com Defendant-Petitioner The St. Louis Rams LLC, A Delaware General Partnership, doing business as St. Louis Rams Partnership, is represented by: Elizabeth Ferrick, Esq. Roger K. Heidenreich, Esq. Stephen Howard Rovak, Esq. Amy E. Sestric, Esq. DENTONS US, LLP 3000 One Metropolitan Square 211 North Broadway Saint Louis, MO 63102-0000 Telephone: (314) 241-1800 E-mail: elizabeth.ferrick@snrdenton.com roger.heidenreich@snrdenton.com stephen.rovak@dentons.com amy.sestric@dentons.com TITLE SOURCE: Class of Staff Appraisers Certified in "Swamy" Suit ----------------------------------------------------------------- The Hon. William Alsup denied the Plaintiff's motion for conditional certification pursuant to the Fair Labor Standards Act in the lawsuit titled SOM SWAMY, on behalf of himself and on behalf of all others similarly situated v. TITLE SOURCE, INC., Case No. 3:17-cv-01175-WHA (N.D. Cal.). Mr. Swamy's motion for class certification is granted in part and denied in part. This class is certified: All persons employed by Title Source as an External Staff Appraiser in California at any time from March 7, 2013, through the present. This class definition shall apply for all purposes, including settlement, Judge Alsup opines. Plaintiff Som Swamy is appointed as class representative and his counsel from Kennedy Hodges, LLP, are appointed as class counsel. By April 13 at noon, the parties shall jointly submit a proposal for class notification with a plan to distribute notice -- including by first-class mail -- by April 30. In crafting their joint proposal, Judge Alsup says, counsel shall please keep in mind the undersigned judge's guidelines for notice to class members in the "Notice Regarding Factors to be Evaluated for Any Proposed Class Settlement." A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=bR8w0CqM TRANSAMERICA LIFE: Appeals "Feller" Suit Cert. Order to 9th Cir. ---------------------------------------------------------------- Defendant Transamerica Life Insurance Company filed an appeal from a court ruling in the lawsuit styled Gordon Feller, et al. v. Transamerica Life Insurance Company, Case No. 2:16-cv-01378- CAS-GJS, in the U.S. District Court for the Central District of California, Los Angeles. The appellate case is captioned as Gordon Feller, et al. v. Transamerica Life Insurance Company, Case No. 18-55408, in the United States Court of Appeals for the Ninth Circuit. As previously reported in the Class Action Reporter, Transamerica filed a sealed appeal from a court ruling in the lawsuit. That appellate case is captioned as Gordon Feller, et al. v. Transamerica Life Insurance Co., Case No. 17-80257. The Honorable Christina A. Snyder previously granted the Plaintiffs' motion for class certification certifying these Class and Subclasses: * National Class: All persons who own an in-force Policy for which the MDR increase imposed by Transamerica beginning August 1, 2015, has resulted or will result in higher Monthly Deduction charges than those applicable under the rate schedule in effect before that date. * California Subclass: All California residents who own an in-force Policy for which the MDR increase imposed by Transamerica beginning August 1, 2015, has resulted or will result in higher Monthly Deduction charges than those applicable under the rate schedule in effect before that date. * California Senior Subclass: All California residents who own an in-force Policy for which the MDR increase imposed by Transamerica beginning August 1, 2015, has resulted or will result in higher Monthly Deduction charges than those applicable under the rate schedule in effect before that date, and who were age 65 or older when the MDR increase was imposed on them. The briefing schedule in the Appellate Case is set as follows: -- Transcript must be ordered by April 26, 2018; -- Transcript is due on May 29, 2018; -- Appellant Transamerica Life Insurance Company's opening brief is due on July 5, 2018; -- Appellees Gordon Feller, Mary Feller, Andrew Kriegman, Gerald R. Lyons, Eric Schneck, Gail Thompson, Clarence E. White and Donna M. White's answering brief is due on August 6, 2018; and -- Appellant's optional reply brief is due 21 days after service of the answering brief.[BN] Plaintiffs-Appellees GORDON FELLER, on behalf of himself and all others similarly situated; MARY FELLER, on behalf of herself and all others similarly situated; ERIC SCHNECK, as trustee for the Burton I. Schneck Irrevocable Life Insurance Trust dated 2/24/1997, on behalf of himself and all others similarly situated; ANDREW KRIEGMAN, as trustee for the Adrienne L. Hendler Revocable Trust dated 6/4/1993, the Elizabeth Kriegman Revocable Trust dated 6/8/1993, and the Patricia Sokolow Revocable Trust dated 6/4/1993; GERALD R. LYONS, on behalf of himself and all others similarly situated; DONNA M. WHITE, on behalf of herself and all others similarly situated; CLARENCE E. WHITE, on behalf of himself and all others similarly situated; and GAIL THOMPSON, individually and as Power of Attorney for Lois Thompson, on behalf of herself and all others similarly situated, are represented by: Stephen R. Basser, Esq. Samuel M. Ward, Esq. BARRACK, RODOS & BACINE 600 West Broadway San Diego, CA 92101 Telephone: (619) 230-0800 Facsimile: (619) 230-1874 E-mail: sbasser@barrack.com sward@barrack.com - and - Travis Murray Corby, I, Esq. SHERNOFF BIDART ECHEVERRIA, LLP 3101 N Canon Drive Beverly Hills, CA 90210 Telephone: (310) 246-0503 E-mail: tcorby@shernoff.com - and - William M. Shernoff, Esq. SHERNOFF BIDART ECHEVERRIA, LLP 600 S. Indian Hill Blvd. Claremont, CA 91711-5498 Telephone: (909) 621-4935 Facsimile: (909) 447-2043 E-mail: wshernoff@shernoff.com - and - Andrew S. Friedman, Esq. BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C. 2325 E. Camelback Road, Suite 300 Phoenix, AZ 85016 Telephone: (602) 274-1100 E-mail: afriedman@bffb.com - and - Allison Hughes Goddard, Esq. James Richard Patterson, Esq. PATTERSON LAW GROUP, APC 402 West Broadway San Diego, CA 92101 Telephone: (619) 398-4762 Facsimile: (619) 756-6991 E-mail: ali@pattersonlawgroup.com jim@pattersonlawgroup.com - and - Harvey Rosenfield, Esq. CONSUMER WATCHDOG 2701 Ocean Park Blvd. Santa Monica, CA 90405 Telephone: (310) 392-0522 Facsimile: (310) 392-8874 E-mail: harvey@consumerwatchdog.org Defendant-Appellant TRANSAMERICA LIFE INSURANCE COMPANY is represented by: Dan Marmalefsky, Esq. Nancy R. Thomas, Esq. MORRISON & FOERSTER LLP 707 Wilshire Boulevard, Suite 6000 Los Angeles, CA 90017 Telephone: (213) 892-5809 Facsimile: (213) 892-5454 E-mail: dmarmalefsky@mofo.com nthomas@mofo.com - and - Joseph R. Palmore, Esq. MORRISON & FOERSTER LLP 2000 Pennsylvania Avenue, NW Washington, DC 20006 Telephone: (202) 887-1500 E-mail: jpalmore@mofo.com - and - James Sigel, Esq. MORRISON & FOERSTER LLP 425 Market Street San Francisco, CA 94105-2482 Telephone: (202) 887-6948 E-mail: jsigel@mofo.com UNITED STATES: Court Certifies Classes in Guam Contractors Suit --------------------------------------------------------------- The Hon. Frances M. Tydingco-Gatewood granted the Plaintiffs' motion for class certification and denied their motion to strike the Defendants, opposition to certification in the lawsuit styled GUAM CONTRACTORS ASSOCIATION, et al. v. JEFFERSON B. SESSIONS, III, Attorney General of the United States, et al., Case No. 1:16-cv-00075 (D. Guam). Jefferson B. Sessions is the Attorney General of the United States. The Court certifies these class and subclasses: Petitioners who have filed or will file an I-129 application for H-2B workers for Guam under one of the following two categories: 1. Peakload need (the "Peakload Subclass); or 2. One-Time Occurrence (the "One-Time Occurrence Subclass") And who have received or will receive a denial of such I-129 application based on a finding that the Petitioner is unable to demonstrate "temporary need." Attorney Jeff Joseph, Esq., counsel for the named plaintiffs, is appointed as class counsel. Judge Tydingco-Gatewood directs the parties to confer with respect to the proposed notice to class members required by Rule 23 of the Federal Rules of Civil Procedure. The Plaintiffs shall file a proposed notice no later than April 30, 2018. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=9ZJxF6q1 UNIVERSAL TAX: Wins Summary Judgment in Suit Filed by D&B II ------------------------------------------------------------ The Hon. Rebecca R. Pallmeyer granted the Defendant's motion for summary judgment in the lawsuit titled D&B II ENTERPRISES LLC d/b/a BAIN ACCOUNTING/TAX, on behalf of itself and all other similarly situated v. UNIVERSAL TAX SYSTEMS, INC. d/b/a CCH SMALL FIRM SERVICES, Case No. 1:13-cv-05702 (N.D. Ill.). The Plaintiff's motion to reconsider the dismissal of the fraud claims is denied, and Plaintiff's motion for class certification is stricken as moot. D&B II Enterprises, LLC bought computer software from Universal Tax Systems, Inc., for the purpose of preparing and filing customers' tax returns. The software suffered from numerous performance problems, and the Plaintiff sued the Defendant for fraud. After Judge James Block Zagel, to whom this case was assigned, dismissed the fraud counts, the Plaintiff added several contract and quasi-contract claims and moved to certify a class of persons, who purchased the relevant software for the 2012 tax year, according to the Court's memorandum opinion and order. The Defendant has moved for summary judgment. A copy of the Memorandum Opinion and Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=WxNQIpP4 VISUAL COMPUTER: Sent Unsolicited SMS Ads, "Levin" Suit Says ------------------------------------------------------------ Lawrence Levin, individually and on behalf of all others similarly situated, Plaintiff, v. Visual Computer Solutions, Inc., Defendant, Case No. 18-cv-03631 (D. N.J., March 15, 2018), seeks an injunction requiring the Defendant to cease all unsolicited text messaging activities and an award of statutory damages together with costs and reasonable attorneys' fees for violation of the Telephone Consumer Protection Act. Defendant sent autodialed text messages to Levin's cellular telephones in an attempt to solicit business and promote their scheduling software solutions using svcsapps@vcssoftware.com without oral or written prior express consent of the Plaintiff. [BN] Plaintiff is represented by: Ross Howard Schmierer, Esq. DENITTIS OSEFCHEN PRINCE PC 315 Madison Avenue 3rd Floor New York, NY 10017 Tel: (646) 979-3642 Email: rschmierer@denittislaw.com WAL-MART STORES: Mislabels Glucosamine Supplements, Parker Claims ----------------------------------------------------------------- CYNTHIA PARKER, REBA GARTH, MARGARET HERRIN, and SHIRLEY REINHARD, individually and on behalf of all others similarly situated v. WAL-MART STORES, INC., Case No. 4:18-cv-00465-JAR (E.D. Mo., March 28, 2018), alleges that the Defendant sells its glucosamine products with false and misleading labeling in an effort to dupe consumers into purchasing a questionable supplement for prices that exceed its true value. Wal-Mart is among the world's largest specialty retailers of dietary supplements. The Plaintiffs assert that the Defendant promises consumers on its Web site and its supplement labeling that its supplement's ingredients are effective for the purposes for which they are sold. The Plaintiffs contend that the Defendant breaks that promise and repeatedly violates federal and state law by selling glucosamine supplements with mislabeled ingredients, identifying their contents as glucosamine sulfate, when in fact the supplements contain glucosamine hydrochloride and potassium sulfate, less expensive ingredients with no proven efficacy. Wal-Mart is a Delaware corporation with a principal place of business in Bentonville, Arkansas. The Defendant markets, distributes and sells the Wal-Mart Products throughout the United States, including in Florida, Missouri, Tennessee and Wisconsin.[BN] The Plaintiffs are represented by: Eric S. Johnson, Esq. Paul J. Hanly, Jr., Esq. Mitchell M. Breit, Esq. SIMMONS HANLY CONROY LLC 112 Madison Avenue New York, NY 10016-7416 Telephone: (212) 784-6400 Facsimile: (212) 213-5949 E-mail: ejohnson@simmonsfirm.com phanly@simmonsfirm.com mbreit@simmonsfirm.com - and - Gregory F. Coleman, Esq. Mark E. Silvey, Esq. Adam A. Edwards, Esq. Lisa A. White, Esq. GREG COLEMAN LAW PC First Tennessee Plaza 800 S. Gay Street, Suite 1100 Knoxville, TN 37929 Telephone: (865) 247-0080 Facsimile: (865) 533-0049 E-mail: greg@gregcolemanlaw.com mark@gregcolemanlaw.com adam@gregcolemanlaw.com lisa@gregcolemanlaw.com WALGREEN CO: Court Grants Class Cert. in Washtenaw Retirees Suit ---------------------------------------------------------------- The Hon. Sharon Johnson Coleman granted the Plaintiffs' motion for class certification in the lawsuit styled WASHTENAW COUNTY EMPLOYEES' RETIREMENT SYSTEM, Individually and on Behalf of All Others Similarly Situated v. WALGREEN CO., GREGORY D. WASSON, and WADE MIQUELON, Case No. 1:15-cv-03187 (N.D. Ill.). Industriens Pensionforsikring A/S, acting as lead plaintiff on behalf of itself and all others similarly situated, brings this class action against Defendants Walgreen Co., former Walgreens CEO Gregory D. Wasson, and former Walgreens CFO Wade Miquelon, alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. The class period, which runs from March to August 2014, encompasses the announcement of Walgreens second quarter results and third quarter results and public statements made in the interim. During that time, the Defendants continued to issue statements that allegedly downplayed the risk to the earnings before interest and taxes ("EBIT") goal and failed to acknowledge the impact of systematic generic drug price inflation, according to the Court's memorandum opinion and order. Although the Plaintiffs initially sought to pursue a number of claims, Judge Coleman notes, their claims were narrowed by a motion to dismiss and now concern a period from March 25 to August 6, 2014, during which the Defendants purportedly concealed or failed to fully disclose the impact of generic drug price inflation and reimbursement pressures. A copy of the Memorandum Opinion and Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=BwoV29Fq WERNER ENTERPRISES: Eighth Circuit Appeal Filed in "Petrone" Suit ----------------------------------------------------------------- Plaintiffs Philip Petrone, et al., filed an appeal from the District Court's Memorandum & Order entered on February 9, 2018, in their lawsuits styled Philip Petrone, et al. v. Werner Enterprises, Inc., et al., Case Nos. 8:11-cv-00401-LSC and 8:12- cv-00307-LSC, in the U.S. District Court for the District of Nebraska - Omaha. The appellate case is captioned as Philip Petrone, et al. v. Werner Enterprises, Inc., et al., Case No. 18-1647, in the United States Court of Appeals for the Eighth Circuit. As reported in the Class Action Reporter on March 2, 2018, a class of student drivers' attempt at a new trial in a class action against Werner Enterprises has been denied. In May 2017, a federal jury in Nebraska awarded nearly $780,000 to Werner student drivers who weren't paid for rest breaks of 20 minutes or less. However, the class asked that the judgment be altered or amended, arguing that the jury's verdict was based on an erroneous legal standard. Specifically, the student drivers were requesting a partial judgment "as to the compensability of sleeper berth time" or a partial new trial. The plaintiffs sought almost $2.2 million in attorney's fees, as well as about $200,000 in nontaxable costs and $10,000 each for the named plaintiffs. The Nebraska federal judge didn't grant a new trial, saying "there has been no miscarriage of justice that justifies amending the judgement and/or granting a new trial." Instead, the Plaintiffs were awarded $337,293 in attorney's fees, $133,276 in nontaxable costs and expenses, and $10,000 for each of the four named plaintiffs. The class is made up of more than 50,000 student drivers from August 2008 until Aug. 1, 2014. The briefing schedule in the Appellate Case is set as follows: -- Transcript is due on or before May 7, 2018; -- Appendix is due on May 7, 2018; -- Brief of Appellants Philip Petrone, et al., is due on May 17, 2018; and -- Appellee/Cross Appellant brief due 30 days from the date the court issues the Notice of Docket Activity filing the appellant's brief.[BN] Plaintiff-Appellee Philip Petrone, on behalf of themselves and all those similarly situated, is represented by: Joseph L. Messa, Jr., Esq. MESSA & ASSOCIATES 123 S. 22nd Street Philadelphia, PA 19103 Telephone: (215) 568-3500 E-mail: jmessa@messalaw.com - and - Richard S. Swartz, Esq. SWARTZ SWIDLER, LLC 1101 Kings Highway, N., Suite 402 Cherry Hill, NJ 08034 Telephone: (856) 685-7420 E-mail: rswartz@swartz-legal.com Plaintiffs-Appellees Philip Petrone, Stewart Fisher, Jasbir Singh, Brian Pankz, Jason Dewayne Gunn, Ahmad Abdinasir, Adam F. Akhalu, Latoshia Denise Anderson, Derek C. Anglero, Alan Blane Arthur, Christopher Ayala, Timothy McCabe Bailey, Csaba G. Barabas, Henry Barentine, Joseph E. Barker, Diego Barraza, Richard Clair Bash, Terry Lee Batko, Elizabeth Baumgartel, Jeremy Alfred Bennett, Gary M. Bernstine, Stacy Lynn Bluebird, Rafarel K. Boadu, Damien Marcus Boyer, Christina Bradley, Elias Bratcher, Justin Bristol, Karl Matthew Emerson, Scott A. Larrow, Steve N. Neely, Tonya McDonald, Micheal Anthony Brooks, Nicholas Brown, Olivia Bryant, Lawrence F. Bunkowski, David Burgess, Steven Dale Burgess, Justin Burkholder, Richard Calvert, Johnny Carter, Brett Carty, Joel Castaneda-Dominguez, Lawrence Edward Cecil, Issac Houston Chase, Victor Chavarria, Paul Cleaver, Larry Nathaniel Clinton, Jr., et al., are represented by: Joshua S. Boyette, Esq. Justin L. Swidler, Esq. SWARTZ SWIDLER, LLC 1101 Kings Highway, N., Suite 402 Cherry Hill, NJ 08034 Telephone: (856) 685-7420 E-mail: jboyette@swartz-legal.com jswidler@swartz-legal.com - and - Thomas N. Sweeney, Esq. MESSA & ASSOCIATES 123 S. 22nd Street Philadelphia, PA 19103 Telephone: (215) 568-3500 E-mail: tsweeney@messalaw.com Defendants-Appellants Werner Enterprises, Inc., doing business as Werner Trucking, and Drivers Management, LLC, are represented by: Patrick Joseph Barrett, Esq. Elizabeth A. Culhane, Esq. Joseph Edward Jones, Esq. FRASER STRYKER PC LLO 500 Energy Plaza 409 S. 17th Street Omaha, NE 68102-2663 Telephone: (402) 341-6000 E-mail: pbarrett@fraserstryker.com eculhane@fraserstryker.com jjones@fraserstryker.com WILLIAMS PEST: "Adams" Suit Alleges FLSA Violations --------------------------------------------------- Cheryl Adams, individually and on behalf of all others similarly situated v. Williams Pest Control, LLC and Lawrence F. Williams, Case No. 6:18-cv-00135 (E.D. Tex., March 20, 2018), seeks to recover unpaid overtime wages pursuant to the Fair Labor Standards Act. Plaintiff Cheryl Adams is a resident of Chandler, Texas. Plaintiff was employed as a scheduling coordinator for Defendants. Defendant Williams Pest Control, LLC dba Williams Pest Control is a Texas limited liability company doing business in the state of Texas with its principal place of business at 1428 S. Third Street, Mabank, Texas 75147. Defendants provides pest control solutions. [BN] The Plaintiff is represented by: William S. Hommel Jr., Esq. HOMMEL LAW FIRM 1404 Rice Road, Suite 200 Tyler, TX 75703 Tel: (903) 596-7100 Fax: (469) 533-1618 WIPRO LTD: "Phillips" Suit Transferred to S.D. Tex. --------------------------------------------------- The case captioned James Phillips and Robert Saemian, Plaintiffs, v. Wipro Limited, Defendant, Case No. 17-cv-06893, (N.D. Cal., December 1, 2017), was transferred to the U.S. District Court for the Southern District Of Texas on March 15, 2018 under Case No. 18-cv-00821. Plaintiffs seek declaratory, injunctive, and other equitable relief, compensatory and punitive damages, including prejudgment and post-judgment interest, attorneys' fees, and costs to redress Wipro's pervasive pattern and practice of discrimination in violation of the Civil Rights Act of 1964. Wipro is an Indian company that provides information technology and consulting services and is alleged of favoring South Asians and those of Indian national origin with regards to hiring, promotion and termination decisions. [BN] Plaintiff is represented by: Daniel Low, Esq. KOTCHEN & LOW LLP 1745 Kalorama Road NW, Suite 101 Washington, DC 20009 Telephone: (202) 471-1995 Email: dlow@kotchen.com Wipro, Ltd. is represented by: Eric Michael Lloyd, Esq. SEYFARTH SHAW LLP 560 Mission Street, Suite 3100 San Francisco, CA 94105 Tel: (415) 544-1060 Fax: (415) 397-8549 Email: elloyd@seyfarth.com - and - David J. Rowland, Esq. SEYFARTH SHAW LLP 233 S Wacker Drive, Ste. 8000 Chicago, IL 60606 Tel: (312) 460-5817 Email: drowland@seyfarth.com WYANDOT COUNTY, OH: Mulvaine Seeks to Recover OT Pay for EMTs ------------------------------------------------------------- TAMMY MULVAINE, On behalf of herself, and those Similarly situated v. WYANDOT COUNTY EMS, Case No. 3:18-cv-00703 (N.D. Ohio, March 28, 2018), accuses the Defendant of failing to compensate its hourly Emergency Medical Technicians with overtime pay, in violation of the Fair Labor Standards Act of 1938. Wyandot County EMS is an agency of Wyandot County, which provides emergency medical and other lifesaving services to the residents of Wyandot County. The Defendant employs more than one dozen EMTs in both full and part time capacities, and is a "public agency" covered by the Fair Labor Standards Act.[BN] The Plaintiff is represented by: John S. Marshall, Esq. Edward R. Forman, Esq. Samuel M. Schlein, Esq. MARSHALL AND FORMAN LLC 250 Civic Center Dr., Suite 480 Columbus, OH 43215-5296 Telephone: (614) 463-9790 Facsimile: (614) 463-9780 E-mail: jmarshall@marshallforman.com eforman@marshallforman.com sschlein@marshallforman.com - and - Louis A. Jacobs, Esq. LAW OFFICES OF LOUIS JACOBS 177 19th St., Apt. 9C Oakland, CA 94612 Telephone: (614) 203-1255 Facsimile: (510) 250-9007 E-mail: LAJOhio@aol.com ZOCDOC INC: "Alfano" Suit Seeks to Recover Unpaid Overtime ---------------------------------------------------------- Margaret Alfano and Shaan Kastuar, on behalf of themselves and all others similarly situated v. ZocDoc, Inc., Case No. 1:18-cv- 02558 (S.D. N.Y., March 22, 2018), seeks to recover unpaid overtime compensation and other wages under the Fair Labor Standards Act and the New York Labor Law. The Plaintiff Margaret Alfano is a resident of the County of San Francisco, State of California. The Plaintiff was employed by the Defendant as an inside salesperson in New York. The Plaintiff Shaan Kastuar is a resident of the County of Middlesex, State of New Jersey. The Plaintiff was employed by the Defendant as an inside salesperson in New York. The Defendant ZocDoc, Inc. does business in the State of New York, within the Southern District of New York, maintaining its principle place of business at 568 Broadway, New York, New York 10012. [BN] The Plaintiffs are represented by: Troy L. Kessler, Esq. Marijana Matura, Esq. SHULMAN KESSLER LLP 534 Broadhollow Road, Suite 275 Melville, NY 11747 Tel: (631) 499-9100 ZODIAC US: Cuzick Seeks Final Approval of $952,000 Settlement ------------------------------------------------------------- Kyle Cuzick moves the Court for an order granting final approval of the joint stipulation of settlement and release reached by the parties of the lawsuit titled KYLE CUZICK, on behalf of himself, and all others similarly situated v. ZODIAC U.S. SEAT SHELLS, LLC, et al., Case No. 4:16-cv-03793-HSG (N.D. Cal.). For settlement purposes, the Settlement Class is defined as: all individuals who are or who have been employed by Defendant in California as a nonexempt employee during any portion of the Settlement Class Period (the period from May 25, 2012, through the date of preliminary approval). Mr. Cuzick asks the Court to grant final approval of the terms of the Stipulation, including the amount of the settlement; the amount of distributions to class members; the procedure for giving notice to class members; the procedure for opting out of the settlement; and the amounts allocated to the enhancement payments and attorney's fees and costs. He also asks the Court to appoint him as representative for the Settlement Class and to appoint Setareh Law Group as counsel for the Settlement Class. The Defendant agrees that $952,000, known as the "Maximum Settlement Amount," represents the maximum amount that it will pay out under the Stipulation, inclusive of: (a) payments to Participating Class Members; (b) the maximum gross amount for Class Counsel's attorneys' fees; (c) the maximum gross amount for all of Class Counsel's and the Class Representative's litigation costs and associated expenses, which is $10,000; (d) the anticipated gross amount for claims administration costs; (e) the maximum gross amount for the enhancement payments to be made by Zodiac to the Class Representative, which is a maximum $10,000; (f) the maximum gross amount for payment to the California Labor Workforce Development Agency as part of the consideration for the release of all Released Claims under PAGA, which is $10,000; and (g) all payroll Taxes. The Class Counsel will not seek an amount greater than $317,333 for attorneys' fees. The Class Counsel will not seek an amount greater than $10,000 for litigation costs. The Class representative enhancement award requested will be $10,000. The Court will commence a hearing on May 10, 2018, at 2:00 p.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=RDTeayDn The Plaintiff is represented by: Shaun Setareh, Esq. H. Scott Leviant, Esq. SETAREH LAW GROUP 9454 Wilshire Boulevard, Suite 907 Beverly Hills, CA 90212 Telephone: (310) 888-7771 Facsimile: (310) 888-0109 E-mail: shaun@setarehlaw.com scott@setarehlaw.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Jessenius Pulido, Noemi Irene A. Adala, Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche Maricon Castillon-Lopez, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2018. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. * * * End of Transmission * * *