/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/180516.mbx C L A S S A C T I O N R E P O R T E R Wednesday, May 16, 2018, Vol. 20, No. 98 Headlines 63 MAIN LLC: Faces "Schroeder" Suit in E.D. New York ABC LEGAL: Arellano Sues Ove Missed Breaks, Unpaid Overtime ACCESS CONTROL: Fails to Pay Overtime Wages, "Timbo" Suit Claims ADVANTAGE MEDIA: Fails to Pay Proper Wages, "Diaz" Suit Alleges AMERICAN GENERAL: Faces "Wilson" Suit in Sacramento ANTHONY WAYNE: Camp Drug Store Suit Seeks to Certify Class APPLE INC: Court Denied Class Certification in "Davidson" Suit AQUA-FLO SUPPLY: Fails to Pay Proper Wage, "Herrera" Suit Says ARCADIA HEALTH: Fails to Pay Overtime Pay, "Smithson" Suit Claims AREA WIDE: "Fosbrink" Background Checks Suit Wins Certification ASM USA INC: Denied OT Pay, Pay Stubs, "Fiorentino" Suit Says AVIOR AIRLINES: Cavalieri Seeks to Certify Class BAKHTIARI AUTO: Fails to Pay Overtime Pay, "Sosa" Suit Alleges BALDOR ELECTRIC: Court Denied Collective Action Settlement BANK OF AMERICA: Remove "Frausto" Suit to N.D. California BANK OF HOPE: Faces "Lee" Suit over EB-5 Visa Program BHCOSMETICS INC: Fails to Pay Proper Wage, "Alexander" Suit Says BILLNET SOLUTIONS: "Velez" Suit Seeks Certification of FLSA Class BLISS WORLD: "Olsen" Suit Says Website Not Blind-accessible BREMEN CASTINGS: Fails to Pay Overtime Wages, "Trevino" Suit Says BRUCE'S GOURMET: Fails to Pay Proper Wages, "Rodriguez" Claims BUREAU OF ACCOUNTS: Ashkenazi Alleges Wrongful Debt Collections CAPITAL MANAGEMENT: Removes "Dixon" Suit to D. New Jersey COACH INC: Court Denied Class Certification Bid in "Vaughn" CONFIE SEGUROS: Faces "Amezcua" Suit in Sacramento CITYSTYLE NYC: Has Until May 23 to Answer Sales Associates' Suit CLEAR PATH: Faces "Horton" Suit over Veteran's Home Loan Rates DEBT RECOVERY: Guilbe Sues over Debt Collection Practices DELTA DENTAL: Settlement Reached in "Young" Suit in S.D. New York DIGITAL MEDIA: Fails to Pay Overtime Pay, "Rodney" Suit Claims DRILL CUTTINGS: Court Conditionally Certified Technicians Class ENAGIC USA: Kim Sues over Sale of Water Purifiers ENHANCED RECOVERY: Must Defend Against "Eady" TCPA Claims ENHANCED RECOVERY: Must Defend Against "Lane" TCPA Claims FACEBOOK INC: Faces "Buckles" Suit for Selling Consumer Reports FIBRE-TEC PACKAGING: Fails to Pay Overtime Pay, "Gaspar" Claims FORD OF SIMI: Cars Sold Above Advertised Price, Marchetti Claims GEORGIA: Commissioner Faces United Cerebral Palsy Suit GENERAL MOTORS: 2012 Acadia Has Steering Defects, Spencer Says GILEAD SCIENCES: Martinez and Wohler Sue over Antiviral Meds GOLDENWEST MANAGEMENT: Perkins Seeks to Recoup Security Deposits GROM USA LLC: Faces "Olsen" Suit in S.D. New York HOHLA & WYSS: Does Not Pay Minimum, OT Wages, Says "Arp" Suit HUDSON'S BAY: Faces "Vains" Suit in S.D. New York HYATT HOTELS: Tichy Sues Over Hotel Internet Search Rigging INTERNATIONAL CONSTRUCTION: Fails to Pay Wages, "Martinez" Claims ITALKRAFT LLC: "Garcia" Labor Suit Seeks Unpaid Overtime Wages KNORR-BREMSE AG: Theobald Sues over No-Poach Policy LA MELA RISTORANTE: Fails to Pay Proper Wages, "De Faria" Claims L'OREAL USA: Fails to Pay Proper Wages, "Wallace" Suit Alleges LONE STAR EXTERIORS: "Stewart" Suit Seeks Unpaid Overtime Wages LYFT INC: Talbot & Garcia Seek Minimum Wage & Overtime M.A.C. COSMETICS: Fails to Pay Wages & Overtime, Deguchy Says MACY'S INC: Has Made Unsolicited Calls, "Perrong" Suit Claims MASTER HUANG: Staff Sues Over Unpaid OT, Spread-of-Hours Pay MBR CENTRAL: Donaldson Sues Over Inadequate Reimbursement MCDONALD'S CORPORATION: "Magee" Suit Seeks to Certify Class MCMC LLC: "Mauthe" Suit Seeks to Certify Class MDL 2804: Asbestos Workers Fund Suit Consolidated in N.D. Ohio MERCK & CO: Faces Wisconsin Fund's Suit over Sale of Zetia MILLENNIUM HEALTH: "Mauthe" Suit Seeks to Certify Class MONAT GLOBAL: Hair Care Products Defective, Botallico Claims MONCLER USA: "Fischler" Suit Says Website Not Blind Accessible MULTI CABLE: Fails to Pay Overtime Pay, "Villalobos" Suit Claims MV TRANSPORTATION: Zapata Seeks Unpaid Overtime Wages under FLSA MY FIRST STEP: Rochford Seeks Unpaid Minimum Wages & Overtime NATIONAL DISTRIBUTION: Fails to Pay Wages, "Bauders" Suit Says NATURMED INC: Henson Sues over Sale of Dietary Supplements NAVIENT CORPORATION: West Sues over Debt Collection Practices NESTLE SA: Omits Info on Microplastics in Pure Life, Baker Claims NEW JERSEY: Atty. General Faces Suit over Right to Speedy Trial NEW YORK, NY: Faces "Torres" Suit in S.D. New York NIAGARA CREDIT: Galvez Disputes Validity of Collection Notice NORTHSHORE UNIVERSITY: "Thurman" Hits Biometrics Data Retention OASIS POWER: "Abramson" Class Suit Challenges Telemarketing Calls OUTFEST: Fails to Pay Proper Wages, "Woods" Suit Alleges OVATION CREDIT: "Diggs" Suit Seeks Unpaid Overtime Wages PALATINE, IL: High Court Appeal Sought in Parking Ticket Case PILLPACK INC: Turner Sues over Unsolicited Text Messages & Calls PLANNED FURNITURE: "Danza" Suit Seeks Unpaid Overtime Wages POLISH AMERICAN: Faces "Schroeder" Suit in E.D. New York PORTFOLIO RECOVERY: Cuccionilli Alleges Wrongful Debt Collection POSTMATES INC: Fails to Pay Minimum Wage, Lee Says PRINCESS CRUISE: Larsen Sues Over Unpaid Overtime Wages PROCTER & GAMBLE: Underfills Gillete Shave Gel, Fornonda Says PROFESSIONAL MEDICAL: $20,000 Settlement Reached in "Sanders" PROFESSIONAL PLACEMENT: "Untershine" Suit Voluntarily Dismissed PROPORTION FOODS: Fails to Pay Proper Wage, "Perez" Suit Says PROVIDENCE, RI: Removes "Ricci" Suit to Rhode Island Fed. Court PURDUE PHARMA: Asbestos Workers Fund Sues in Massachusetts RECORD REPRODUCTION: "Melagrano" Disputes Data Retrieval Charge RIVER STRAND: "Rodriguez" Suit Seeks Overtime Wages under FLSA RO GALLERY: Rosenzweig Sues over Unsolicited Faxed Advertisements ROSENDIN ELECTRIC: Fails to Pay Proper Wages, "Lopez" Suit Says SAMSUNG ELECTRONICS: Sued by Bronson over Defective Plasma TV SAN DIEGO: Faces "Jones" Suit in California SELECT EMPLOYMENT: Underpays Nursing Supervisors, Romero Claims SENTINEL TRANSPORTATION: Fails to Pay Proper Wages, "Lopez" Says SEVEN-ONE-SEVEN: Bodie Seeks to Certify Class of Valet Parkers SHARK RECOVERY: "Rivera" Suit Seeks to Recover Unpaid Overtime SKY'S GOURMET: Fails to Pay Wages, "Hudson" Suit Alleges SMITH MANAGEMENT: Fails to Pay OT Compensation, Thompson Says SPREEMO INC: Mauthe Seeks to Certify Class in TCPA Suit STATE COLLECTION: Bahr Sues over Debt Collection Practices TARGET CORPORATION: Sued by Day over Starbucks Account THORATEC CORP: Court Certifies Class of Common Stock Purchasers TWIN HILL: Onody et al. Sue over Health Risk in Uniforms UNITED HEALTHCARE: Hill and Hack Seek to Certify Class UNITED STATES: Faces Blue Cross Suit over Health Care Plan US GEOTHERMAL: "Erkel" Suit Seeks to Halt Sale to Ormat Tech WAN SANG CHOW: "Du" Suit Seeks OT Pay, Damages Under FLSA WORLD WIDE MEDICAL: Answer to "Wieseler-Myers" Suit Due May 14 YASO HOSPITALITY: Denied Kitchen Staff OT Pay, Says "Zheng" Suit ********* 63 MAIN LLC: Faces "Schroeder" Suit in E.D. New York ---------------------------------------------------- A class action lawsuit has been filed against 63 Main LLC. The case is captioned as Arlene Schroeder, individually and on behalf of all others similarly situated, Plaintiff v. 63 Main LLC, and New Page at 63 Main LLC, Defendant, Case No. 2:18-cv-02280-JMA- SIL (E.D.N.Y., April 17, 2018). The case is assigned to Judge Joan M. Azrack and referred to Magistrate Judge Steven I. Locke.[BN] The Plaintiff is represented by: James E. Bahamonde, Esq. JAMES E. BAHAMONDE, P.C. 2501 Jody Court North Bellmore, NY 11710 Telephone: (646) 290-8258 Facsimile: (646) 435-4376 E-mail: James@civilrightsNY.com ABC LEGAL: Arellano Sues Ove Missed Breaks, Unpaid Overtime ------------------------------------------------------------- Luis M. Arellano, on behalf of himself, all others similarly situated, Plaintiff, vs. ABC Legal Services, Inc. and Does 1 through 50, inclusive, Defendants, Case No. 18CIV01360 (Cal. Super., March 19, 2018), seeks unpaid overtime wages and interest thereon, redress for failure to authorize or permit required meal periods, statutory penalties for failure to provide accurate wage statements, waiting time penalties in the form of continuation wages for failure to timely pay employees all wages due upon separation of employment, reimbursement of business-related expenses, injunctive relief and other equitable relief, reasonable attorney's fees, costs and interest under California Labor Code, Unfair Competition Law, the Federal Fair Labor Standards Act. Plaintiff was hired to work for Defendants as a process server sometime in August 2013. Plaintiff was terminated on or about January 7, 2017. Plaintiff was also required to utilize his own personal vehicle for work purposes to travel to various courthouses to file and pick up documents, to travel to and from locations in order to serve legal process and other-related duties. [BN] 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 Email: shaun@setarehlaw.com scott@setarehlaw.com ACCESS CONTROL: Fails to Pay Overtime Wages, "Timbo" Suit Claims ---------------------------------------------------------------- Abdulai Timbo, individually and on behalf of all others similarly situated, Plaintiff v. Access Control Security, Inc., and Does 1 through 100, Defendants, Case No. BC703491 (Cal. Super., Los Angeles Cty., April 23, 2018) is an action against the Defendants for unpaid regular hours, overtime hours, minimum wages, wages for missed meal and rest periods. The Plaintiff Timbo was employed by the Defendants as a security guard from June 14, 2007 to March 27, 2017. Access Control Security, Inc. was founded in 2004. The company's line of business includes providing detective, guard, and armored car services. [BN] The Plaintiff is represented by: Ronald H. Bae, Esq. Olivia D. Scharrer, Esq. AEQUITAS LEGAL GROUP A Professional Law Corporation 1156 E. Green Street, Suite 200 Pasadena, CA 91106 Telephone: (213) 674-6080 Facsimile: (213) 674-6081 ADVANTAGE MEDIA: Fails to Pay Proper Wages, "Diaz" Suit Alleges --------------------------------------------------------------- Felix Diaz, individually and on behalf of all others similarly situated, Plaintiff v. Advantage Media Services, Inc., and Does 1-100, Defendants, Case No. 18CECG01163 (Cal. Super., Fresno Cty., April 3, 2018) seeks to recover unpaid wages, overtime, meal and rest period compensation, penalties, injunctive and other equitable relief, and reasonable attorneys' fees and costs. Mr. Diaz was employed by the Defendants as a non exempt, hourly employee in California. Advantage Media Services, Inc. provides third-party warehouse management, order management, and fulfillment services. The company offers fulfillment and distribution, order management, order shipping, pick/pack/ship, wholesale product fulfillment, direct to consumer fulfillment, packaging and complex assembly, marketing materials distribution, inventory management, returns/refurbishment, and logistics services. The company was founded in 2002 and is based in Valencia, California. It has facilities in the Los Angeles and Buena Park/LA Mirada, California; and Vancouver, Canada. [BN] The Plaintiff is represented by: William Turley, Esq. David Mara, Esq. Jill Vecchi, Esq. Nikki Ousdahl, Esq. THE TURLKY & MARA LAW FIRM, APLC 7428 Trade Street San Diego, CA 92121 Telephone: (619) 234-2833 Facsimile: (619) 234-4048 AMERICAN GENERAL: Faces "Wilson" Suit in Sacramento --------------------------------------------------- A class action lawsuit has been filed against American General Finance Management Corporation. The case is captioned as Crystal Wilson, individually and on behalf of all others similarly situated, Plaintiff v. American General Finance Management Corporation, and Does 1-100, Defendants, Case No. 34-2018- 00231166-CU-OE-GDS (Cal. Super., Sacramento Cty., April 17, 2018).[BN] The Plaintiff is represented by Parris R. Rex, Esq., and Edwin Aiwazian, Esq. ANTHONY WAYNE: Camp Drug Store Suit Seeks to Certify Class ---------------------------------------------------------- In the lawsuit styled CAMP DRUG STORE, INC., an Illinois Corporation, individually and as the representative of a class of similarly situated persons, the Plaintiff, v. ANTHONY WAYNE THOMPSON d/b/a/ AmpleMedical and AmpleMedical.com, the Defendant, Case No. 0:18-cv-61033-WPD (S.D. Fla.), the Plaintiff moves for entry of an order certifying a class of: "each person or entity that was sent one or more telephone facsimile messages ("faxes") on or after May 8, 2014 from "AmpleMedical" offering a diabetic medical products or services." A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=1xKRaK1a The Plaintiff is represented by: Phillip A. Bock, Esq. BOCK, HATCH, LEWIS & OPPENHEIM 134 N. La Salle St,, Ste. 1000 Chicago, IL 60602 Telephone: (312) 658 5500 Facsimile: (312) 658 5555 E-mail: phil@classlawyers.com APPLE INC: Court Denied Class Certification in "Davidson" Suit -------------------------------------------------------------- In the lawsuit styled THOMAS DAVIDSON, et al., the Plaintiffs, v. APPLE, INC., the Defendant, Case No. 5:16-cv-04942-LHK (N.D. Cal.), the Hon. Judge Lucy H. Koh entered an order denying Plaintiff's motion for class certification of: "any person residing in Colorado, Florida, Illinois, Washington, or Texas who purchased an Apple iPhone 6 or iPhone 6 Plus from Apple or an Apple Authorized Service Provider (listed on https://locate.apple.com/) that was manufactured without underfill under the U2402 (Meson) integrated circuit chip". The Court finds that adjudication of the certified issues would not advance the resolution of the underlying case. To start, certifying a liability class under the Texas Deceptive Trade Practices Act would not resolve individual issues concerning reliance. In turn, because reliance is an essential component of liability, the ultimate question of Apple's liability under the TDTPA -- in addition to damages -- would still have to be resolved on an individual basis. Nor are things different for Plaintiffs' claims under the Illinois Consumer Fraud and Deceptive Trade Practices Act, Florida Deceptive and Unfair Trade Practices Act, and Washington Consumer Protection Act. Although the reliance issue is absent, Plaintiffs still have not articulated "why a bifurcated proceeding would be more efficient or desirable." According to the Court, the reasoning in Rahman v. Mott's LLP, 693 F. App'x 578, 579 (9th Cir. 2017) is fully applicable in this case. "The plaintiff there sought certification of a liability class under Rule 23(c)(4) after being denied certification of a damages class under Rule 23(b)(3). The district court denied the request because the plaintiff was vague as to how damages would ultimately be determined. Moreover, the plaintiff failed to explain how "allowing myriad individual damages claims to go forward [would be] a reasonable or efficient alternative, particularly in a case such as this where the average class member is likely to have suffered less than a hundred dollars in damages." Granted, damages in the instant case may exceed the hundred dollars in damages in Rahman -- but given that the cost of repair in the instant case is $150 per Plaintiffs' technical expert and Plaintiffs' damages expert estimated damages at $432, the Rahman rationale still applies here. It is far from clear that resolving liability on a classwide basis would advance the underlying resolution of the instant case. The bottom line is that Plaintiffs' perfunctory request for Rule 23(c)(4) certification fails to show why certification would materially advance the litigation as a whole. The Court therefore denies Rule 23(c)(4) certification." A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=AgR026LP AQUA-FLO SUPPLY: Fails to Pay Proper Wage, "Herrera" Suit Says -------------------------------------------------------------- RUBEN HERRERA, individually and on behalf of all others similarly situated, Plaintiff v. AQUA-FLO SUPPLY, and DOES 1 through 100, inclusive, Defendants, Case No. BC700102 (Cal. Super., Los Angeles Cty., March 29, 2018) is an action against the Defendants for unpaid regular hours, overtime hours, minimum wages, wages for missed meal and rest periods. Mr. Herrera was employed by the Defendants as a non-exempt employee in California. Aqua-Flo Supply is a California corporation engaged in providing irrigation and landscaping products. [BN] The Plaintiff is represented by: Michael Nourmand, Esq. James A. De Sario, Esq. THE NOURMAND LAW FIRM, APC 8822 West Olympic Boulevard Beverly Hills, CA 90211 Telephone: (310) 553-3600 Facsimile: (310) 553-3603 ARCADIA HEALTH: Fails to Pay Overtime Pay, "Smithson" Suit Claims ----------------------------------------------------------------- Andrea Smithson, individually and on behalf of all others similarly situated, Plaintiff v. Arcadia Health Services Inc. d/b/a/ Arcadia Home Care & Staffing, Defendant, Case No. 3:18-cv- 00125-WHR (S.D. Ohio., April 17, 2018) is an action against the Defendant for failure to pay overtime compensation at the rate of one and one-half times their regular rate of pay for all of the hours they worked over 40 each week, and include bonuses in the calculation regular rate of pay for purposes of calculating their overtime, in violation of the Fair Labor Standards Act. Ms. Smithson was employed by the Defendant as a caregiver from July 2016. Arcadia Health Services, Inc., doing business as Arcadia Home Care & Staffing, provides healthcare staffing, home care, and nursing services. It also operates rehabilitation, correctional, and urgent care facilities. The company was founded in 1977 and is based in Southfield, Michigan. Arcadia Health Services, Inc. operates as a subsidiary of Arcadia Resources, Inc. [BN] The Plaintiff is represented by: Lori M. Griffin, Esq. Chastity L. Christy, Esq. Anthony J. Lazzaro, Esq. THE LAZZARO LAW FIRM, LLC 920 Rockefeller Building 614 W. Superior Avenue Cleveland, OH 44113 Telephone: 216-696-5000 Facsimile: 216-696-7005 E-mail: chastity@lazzarolawfirm.com anthony@lazzarolawfirm.com lori@lazzarolawfirm.com AREA WIDE: "Fosbrink" Background Checks Suit Wins Certification --------------------------------------------------------------- In the lawsuit styled WILLIAM FOSBRINK, on behalf of himself and all similarly situated individuals, the Plaintiffs, v. AREA WIDE PROTECTIVE, INC., the Defendant, Case No. 8:17-cv-01154-JSM-CPT (M.D. Fla.), the Hon. Judge James S. Moody Jr. entered an order on May 8, 2018: 1. granting in part and denying in part Background Check Class of: "all AWP, Inc. employees and job applicants in the United States who were the subject of a consumer report that was procured by AWP, Inc. within two years of the filing of this complaint through the date of final judgment in this action as required by 15 U.S.C. section 1681b(b)(2)(A) and as to whom AWP, Inc. used the purported disclosure and authorization form, or substantially similar forms" 2. approving William Fosbrink as Class Representative and his counsel, Andrew Ross Frisch, C. Ryan Morgan, and Marc Reed Edelman, as Class Counsel; and 3. providing parties 30 days from the date of this Order to confer regarding issues that may arise associated with the administration of the class, including the form and content of the notice, and the establishment of an optout period and procedure, and shall advise the Court on these efforts and whether there are issues that require the Court's resolution. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=jN4r2JI9 ASM USA INC: Denied OT Pay, Pay Stubs, "Fiorentino" Suit Says ------------------------------------------------------------- Angelica Fiorentino and Kianna Browne, individually and on behalf of all others similarly situated, Plaintiffs, v. ASM USA Inc. (d/b/a Approche Sur Mesure), Defendants, Case No. 18-cv-02363 (S.D. N.Y., March 16, 2018), seeks to recover overtime compensation, liquidated damages, prejudgment interest, attorneys' fees and costs and other compensation pursuant to the Fair Labor Standards Act and New York Labor Law including redress for failure to provide wage statements. ASM provides outsourced contact center services for luxury brands worldwide where Brown and Fiorentino were employed as Brand Ambassadors out of their office located at 73 Spring Street Suite 309 New York, NY 10012. They generally worked over 40 hours per week without overtime pay, notes the complaint. [BN] Plaintiff is represented by: Brian S. Schaffer, Esq. Frank J. Mazzaferro, Esq. FITAPELLI & SCHAFFER, LLP 28 Liberty Street, 30th Floor New York, NY 10005 Telephone: (212) 300-0375 AVIOR AIRLINES: Cavalieri Seeks to Certify Class ------------------------------------------------ In the lawsuit styled ROBERTO HUNG CAVALIERI, individually, and SERGIO ENRIQUE ISEA, individually, and on behalf of all others similarly situated, the Plaintiffs, v. AVIOR AIRLINES C.A., a Venezuelan company Defendant, Case No. 1:17-cv-22010-FAM (S.D. Fla.), the Plaintiff moves the Court to enter an Order: 1. certifying a class of: "all persons that the Airline charged an Exit Fee, from five years prior to the filing of the Complaint through the date of class certification"; 2. appointing Plaintiffs as Class Representatives; and 3. appointing Plaintiffs' counsel as Class Counsel. Excluded from the Class are 1) the Airline, the Airline's agents, subsidiaries, parents, successors, predecessors, and any entity in which the Airline or its parents have a controlling interest and their current and former employees, officers, and directors, 2) the Judge or Magistrate Judge to whom this case is assigned and the Judge or Magistrate Judge's immediate family, 3) persons who execute and file a timely request for exclusion, 4) the legal representatives, successors, or assigns of any such excluded person; and 5) Plaintiff's counsel and the Airline's counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=XNshSWH3 The Plaintiff is represented by: John G. Crabtree, Esq. George R. Baise Jr., Esq. Brian C. Tackenberg, Esq. CRABTREE & AUSLANDER 240 Crandon Boulevard, Suite 101 Key Biscayne, FL 33149 Telephone: (305) 361 3770 Facsimile: (305) 437 8118 E-mail: jcrabtree@crabtreelaw.com gbaise@crabtreelaw.com btackenberg@crabtreelaw.com floridaservice@crabtreelaw.com - and - Jose L. Baloyra, Esq. BALOYRA LAW 201 Alhambra Cir., Ste. 601 Coral Gables, FL 33134 Telephone: (305) 442 4142 Facsimile: (305) 442 4377 E-mail: jbaloyra@baloyralaw.com rcruz@baloyralaw.com - and - Milton Fuentes, Esq. M. FUENTES & CO. 201 Alhambra Circle, Suite 601 Coral Gables, FL 33134 Telephone: (305) 447 1960 Facsimile: (786) 288 3808 E-mail: mf@mfuenteslaw.com sc@mfuenteslaw.com - and - Brian M. Torres, Esq. BRIAN M. TORRES, P.A. One S.E. Third Ave., Ste. 3000 Miami, FL 33131 Telephone: (305) 901 5858 ext. 101 Facsimile: (305) 901 5874 E-mail: btorres@briantorres.legal mrodriguez@briantorres.legal e-service@briantorres.legal - and - John Cody German, Esq, COLE, SCOTT & KISSANE, P.A. Cole, Scott, & Kissane Building 9150 South Dadeland Blvd., Ste. 1400 Miami, FL 33156 Telephone: (786) 268 6415 Facsimile: (305) 373 2294 E-mail: cody.german@csklegal.com yvonne.orosa@csklegal.com Attorneys for Avior Airlines, C.A.: Pedro Alejandro Gonzalez, Esq. James Kellner, Esq. SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ & MACHADO LLP 201 Alhambra Circle, Suite 1205 Coral Gables, FL 33134 Telephone: (305) 377 1000 Facsimile: (855) 327 0391 E-mail: PGonzalez@SMGQLAW.com JKellner@SMGQLAW.com CPrieto@SMGQLAW.com BAKHTIARI AUTO: Fails to Pay Overtime Pay, "Sosa" Suit Alleges -------------------------------------------------------------- Carlos Sosa, individually and on behalf of all others similarly situated, Plaintiff v. Bakhtiari Auto Corp. and Does 1 through 100, Defendants, Case No. BC703594 (Cal. Super., Los Angeles Cty., April 24, 2018) is an action against the Defendants for unpaid regular hours, overtime hours, minimum wages, wages for missed meal and rest periods. Mr. Sosa worked as a sales consultant at the Defendants' Puente Hills Subaru location, from November 2015 to February 2016. Bakhtiari Auto Corp operates automobile dealerships in California. The company was incorporated in 2000 and is based in City Of Industry, California. [BN] The Plaintiff is represented by: Sean M. Blakely, Esq. Paul K. Hines, Esq. Daniel J. Brown, Esq. HAINES LAW GROUP 222 Sepulveda Blvd., Suite 1550 El Segundo, CA 902452165 Telephone: (424) 292-2350 Facsimile: (424) 292-2355 E-mail: sblakely@haineslawgroup.com phaines@haineslawgroup.com dbrown@haineslawgroup.com BALDOR ELECTRIC: Court Denied Collective Action Settlement ---------------------------------------------------------- In the lawsuit styled LESLIE KAUP, individually and on behalf of all others similarly situated, the PLAINTIFF, v. BALDOR ELECTRIC COMPANY, Case No. 2:17-cv-02049-PKH (W.D. Ark.), the Hon. District Judge P. K. Holmes, III entered an order denying parties' joint motion for preliminary approval of class and collective action settlement. On May 8, 2018, the Court held a hearing on the joint motion. At this hearing, the Court laid out its concerns with the proposed settlement agreement and gave the parties an opportunity to respond. The parties expressed a desire to attempt to negotiate a new settlement agreement addressing the Court's concerns. The Court encourages the parties to confer on an alternate settlement proposal that addresses the Court's concerns. Should the parties reach a revised settlement, the Court will promptly consider it. If the parties cannot reach a revised settlement, the Court will set the case for trial on Ms. Kaup's individual Fair Labor Standards Act and Arkansas Minimum Wage Act claims. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=jC86Sue1 BANK OF AMERICA: Remove "Frausto" Suit to N.D. California --------------------------------------------------------- The Defendant in the case of Irma Frausto, individually and on behalf of all others similarly situated, Plaintiff v. Bank of America, National Association, Defendant, filed a notice to remove the lawsuit from the Superior Court of the State of California, Alameda County (Case No. RG18894308) to the U.S. District Court for the Northern District of California and assigned Case No. 3:18-cv-01983-JCS (N.D. Cal., March 30, 2018). The case is assigned to Magistrate Judge Joseph C. Spero. Bank of America National Association operates as a bank. The Bank accepts deposits, makes loans, and provides other financial and investment services for the public. Bank of America serves individual and institutional customers throughout the United States. [BN] The Plaintiff is represented by: Justin F. Marquez, Esq. Kane Moon, Esq. MOON & YANG, APC 1055 West Seventh Street, Suite 1880 Los Angeles, CA 90017 Telephone:(213) 232-3128 Facsimile: (213) 232-3125 E-mail: justin.marquez@moonyanglaw.com kane.moon@moonyanglaw.com The Defendant is represented by: Sylvia Jihae Kim, Esq. MCGUIRE WOODS LLP Two Embarcadero Center, Suite 1300 San Francisco, CA 94111 Telephone:(415) 844-9944 Facsimile: (415) 844-9922 E-mail: skim@mcguirewoods.com - and - Michael David Mandel, Esq. MCGUIREWOODS LLP 1800 Century Park East, 8th Floor Los Angeles, CA 90067 Telephone: (310) 315-8200 Facsimile: (310) 315-8210 E-mail: mmandel@mcguirewoods.com BANK OF HOPE: Faces "Lee" Suit over EB-5 Visa Program ----------------------------------------------------- JAE SOOK LEE, and IL KYUNG OH, individually and on behalf of all others similarly situated, Plaintiffs v. BANK OF HOPE; HOPE BANCORP, INC.; and DOES 1 through 50, Defendants, Case No. BC700167 (Cal. Super., Los Angeles Cty., March 29, 2018) alleges that Defendants were involved in a scheme to defraud and obtain money from the Plaintiffs and the class by means of false and fraudulent pretenses, representations, and promises, and the non- disclosure and concealment of material facts, in connection with the Plaintiffs' and the class' EB-5 immigrant investor visa program. According to the complaint, the Defendants were involved in the improper transfer of money out of the Plaintiffs' and class members' accounts in connection with the EB-5 Visa Program. The Defendants also failed to disclose to the Plaintiffs and the class that Justin Moongyu Lee, an immigration lawyer that was arrested, subsequently charged criminally for fraud, had a long standing personal and professional relationship with each other. Bank of Hope is a full-service bank. The Bank accepts deposits, makes loans, offers services in commercial real estate and commercial lending, SBA lending, and is engaged in international trade financing. Bank of Hope serves customers throughout the United States. Hope Bancorp, Inc. operates as the bank holding company for Bank of Hope that provides banking services primarily to small and medium-sized businesses and individuals in the United States. The company was formerly known as BBCN Bancorp, Inc. and changed its name to Hope Bancorp, Inc. in August 2016. Hope Bancorp, Inc. was incorporated in 2000 and is headquartered in Los Angeles, California. [BN] The Plaintiffs are represented by: Daniel K. Balaban, Esq. Andrew J. Spielberger, Esq. BALABAN & SPIELBERGER, LLP 11999 San Vicente Boulevard, Suite 345 Los Angeles, CA 90049 Telephone: (424) 832-7677 Facsimile: (424) 832-7702 - and - Brian S. Kabateck, Esq. Christopher B. Noyes, Esq. KABATECK BROW N KELLNER 644 South Figueroa Street Los Angeles, CA 90017 Telephone: (213) 217-5000 Facsimile: (213) 217-5010 - and - Alfredo Torrijos, Esq. ARIAS SANGUINETTI WANG & TORRIJOS, LLP 6701 Center Drive West, 14th Floor Los Angeles, CA 90045 Telephone: (310) 844-9696 Facsimile: (310) 861-0168 - and - Johnny Kim, Esq. 401 Wilshire Blvd., Ninth Floor J. KIM, A PROFESSIONAL LAW CORPORATION Santa Monica, CA 90401 Telephone: (323) 920-0255 Facsimile: (323) 940-4720 BHCOSMETICS INC: Fails to Pay Proper Wage, "Alexander" Suit Says ---------------------------------------------------------------- SERETTA ALEXANDER, individually and on behalf of all others similarly situated, Plaintiff v. BHCOSMETICS, INC.; EXPRESS SERVICES, INC.; and DOES 1 through 50, inclusive, Case No. BC700128 (Cal. Super. Ct., Los Angeles County, March 29, 2018), is an action against the Defendants for unpaid regular hours, overtime hours, minimum wages, wages for missed meal and rest periods. The Plaintiff Alexander was employed by the Defendants from October 21, 2016 as an hourly, non-exempt employee in California. BHCosmetics, Inc. retails cosmetics and beauty products. The Company offers eyeshadow palettes, concealer, lipstick, brow pencils, brush sets, and other accessories. BHCosmetics serves customers in the State of California. [BN] The Plaintiff is represented by: Shaun Setareh, 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 BILLNET SOLUTIONS: "Velez" Suit Seeks Certification of FLSA Class ----------------------------------------------------------------- In the lawsuit style JULIETTE VELEZ, MARIANELA MUNIZ, and All others similarly situated under 29 U.S.C. section 216(b), the Plaintiffs, v. BILLNET SOLUTIONS CORPORATION, DIEGO MEDINA TORRES, individually, MICHELLE FARIAS, individually, CARLOS SUAREZ, individually, ANDRES VELEZ, individually, and JESSICA FUENTES, individually, the Defendants, Case No. 1:18-cv-21828-JEM (S.D. Fla.), the Plaintiffs ask the Court to grant conditional certification of their Fair Labor Standards Act collective action. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=tXQv2ZAR The Plaintiff is represented by: J. Freddy Perera, Esq. Valerie Barnhart, Esq. PERERA BARNHART 12555 Orange Drive, Suite 268 Davie, FL 33330 Telephone: (786) 485 5232 E-mail: freddy@pererabarnhart.com valerie@pererabarnhart.com Attorney for Defendants: Virginia Lee Perez, Esq. LAW OFFICE OF SENEN GARCIA, P.A. 2665 S. Bayshore Dr., Ste 220 Coconut Grove, FL 33133 Telephone: (305) 606 6139 Facsimile: (305) 856 0622 E-mail: vperez@sgarcialaw.com senen@sgarcialaw.com office@sgarcialaw.com BLISS WORLD: "Olsen" Suit Says Website Not Blind-accessible ----------------------------------------------------------- Thomas J. Olsen, Individually and as the representative of a class of similarly situated persons, Plaintiff, v. Bliss World LLC, Defendants, Case No. 18-cv-02397 (S.D. N.Y., March 17, 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. Bliss Spa owns and operates spas throughout the United States, including locations at 541 Lexington Avenue, 12 W. 57th Street, New York, New York and 568 Broadway, New York, New York. It also provides a website, www.blissspa.com which offers features to the public that should allow all consumers to access the facilities and services that it offers about its spas. Olsen browsed and intended to avail of their services. However, the Plaintiff is legally blind and claims that the Defendant's website cannot be accessed by the visually-impaired. [BN] Plaintiff is represented by: Douglas B. Lipsky, Esq. Christopher H. Lowe, Esq. LIPSKY LOWE LLP 630 Third Avenue, Fifth Floor New York, NY 10017-6705 Tel: (212) 392-4772 Fax: (212) 444-1030 Email: doug@lipskylowe.com chris@lipskylowe.com BREMEN CASTINGS: Fails to Pay Overtime Wages, "Trevino" Suit Says ----------------------------------------------------------------- Cecilio I. Trevino III, and Branden Robbins, individually and on behalf of all others similarly situated, Plaintiffs v. Bremen Castings Inc., Defendants, Case No. 3:18-cv-271 (N.D. Ind., April 17, 2018) seeks to recover unpaid overtime wages, and unlawful deductions, pursuant to the Fair Labor Standards Act. The Plaintiff Trevino was employed by the Defendant as hourly- paid employee from May 4, 2016 to February 23, 2018. The Plaintiff Robbins was employed by the Defendant as an hourly- paid employee from August 2017 to March 2018. Bremen Castings, Inc., a machine shop and foundry, provides assembled and precision machined casting services to customers in the world market. Bremen Castings, Inc. was formerly known as Bremen Gray Iron Foundry, Inc. and changed its name to Bremen Castings, Inc. in 1972. The company was founded in 1939 and is based in Bremen, Indiana.[BN] The Plaintiff is represented by: Robert P. Kondras, Jr., Esq. HUNT HASSLER KONDRAS & MILLER LLP 100 Cherry Street Terre Haute, IN 47807 Telephone: (812) 232-9691 Facsimile: (812) 234-2881 E-mail: kondras@huntlawfirm.net - and - Robert J. Hunt, Esq. THE LAW OFFICE OF ROBERT J. HUNT, LLC 3091 E. 98th Street, Ste. 280 Indianapolis, IN 46280 Telephone: (317) 743-0614 Facsimile: (317) 743-0615 E-Mail: rob@indianawagelaw.com BRUCE'S GOURMET: Fails to Pay Proper Wages, "Rodriguez" Claims -------------------------------------------------------------- LUIS RODRIGUEZ, individually and on behalf of all others similarly situated, Plaintiff v. BRUCE'S GOURMET CATERING, INC.; ABC SIGNATURE STUDIOS, INC.; B-T-L PAYROLLS, LLC; CAST & CREW CABLE PAYROLL; CAST & CREW PRODUCTION SERVICES LLC; C&C TELEVESION II, LLC; C&C-DTV PAYROLL; and DOES 1 through 100, inclusive, Case No. BC700481 (Cal. Super., Los Angeles Cty., April 2, 2018) is an action against the Defendants for unpaid regular hours, overtime hours, minimum wages, wages for missed meal and rest periods. Mr. Rodriguez was employed by the Defendants as a non-exempt employee in California. Bruce's Gourmet Catering, Inc. is a California corporation engaged in providing food preparation and catering services. [BN] The Plaintiff is represented by: Michael Nourmand, Esq. James A. De Sario, Esq. THE NOURMAND LAW FIRM, APC 8822 West Olympic Boulevard Beverly Hills, CA 90211 Telephone: (310) 553-3600 Facsimile: (310) 553-3603 BUREAU OF ACCOUNTS: Ashkenazi Alleges Wrongful Debt Collections --------------------------------------------------------------- Eli Ashkenazi, individually and on behalf of all others similarly situated, Plaintiff v. Bureau of Accounts Control, LLC, Defendant, Case No. 3:18-cv-08255-PGS-DEA (D.N.J., April 24, 2018), seeks to stop the Defendant unfair and unconscionable means to collect debt. The case is assigned to Judge Peter G. Sheridan and referred to Magistrate Judge Douglas E. Arpert. Bureau of Accounts Control is a privately held company in Howell, New Jersey. [BN] The Plaintiff is represented by: Ari Hillel Marcus, Esq. MARCUS ZELMAN LLC 701 Cookman Avenue, Suite 300 Asbury Park, NJ 07712 Telephone: (732) 695-3282 Facsimile: (732) 298-6256 E-mail: ari@marcuszelman.com - and - Yitzchak Zelman, Esq. MARCUS ZELMAN, LLC 701 Cookman Avenue, Suite 300 Asbury Park, NJ 07712 Telephone: (347) 526-4093 Facsimile: (732) 298-6256 E-mail: yzelman@marcuszelman.com CAPITAL MANAGEMENT: Removes "Dixon" Suit to D. New Jersey --------------------------------------------------------- The Defendants in the case of Takiya N. Dixon, individually and on behalf of all others similarly situated, Plaintiffs v. Capital Management Services, LP and Jefferson Capital System, LLC, Defendants, filed a notice to remove the lawsuit from the Superior Court of the State of New Jersey, County of Essex (Case No. L-007950-17) to the U.S. District Court for the District of New Jersey and assigned Case No. 2:18-cv-04974-KM-MAH (D.N.J., March 30, 2018). The case is assigned to Judge Kevin McNulty, and referred to Magistrate Judge Michael A. Hammer. Capital Management Services L.P., a collections agency, provides delinquent receivables resolutions. It monitors and tracks debt collection laws, state licensing, company profile, and client contractual expectations. The company was formerly known as Ventus Capital Services, LP and changed its name to Capital Management Services L.P. in October 2006. Capital Management Services L.P. was incorporated in 2004 and is based in Buffalo, New York. [BN] The Plaintiff is represented by: Daniel Zemel, Esq. ZEMEL LAW LLC 78 John Miller Way Kearny, NJ 07032 Telephone: (862) 227-3106 E-mail: dz@zemellawllc.com The Defendants are represented by: Andrew Joshua Blady, Esq. SESSIONS, FISHMAN, NATHAN & ISRAEL 3682 Green Ridge Road Furlong, PA 18925 Telephone:(267) 544-0840 E-mail: ablady@sessions.legal COACH INC: Court Denied Class Certification Bid in "Vaughn" ----------------------------------------------------------- In the lawsuit styled MARTHA VAUGHN, the Plaintiff, v. COACH, INC., the Defendant, Case No. 3:16-cv-04633-VC (N.D. Cal.), the Hon. Judge Vince Chhabria entered an order denying Martha Vaughn's motion for class certification. The court said, "The motion for class certification is denied because she has not shown that common issues predominate over individual issues, as she must under Rule 23(b)(3). In this suit, Vaughn alleges that store managers at Coach stores in California were improperly denied a number of state wage-and-hour protections, including overtime compensation and meal and rest breaks. Coach argues it was not required to provide these protections, because its store managers are exempt executive employees under the California law. Both sides agree that Vaughn and other store managers did some managerial work. But Vaughn argues that managerial work never constituted more than half of her and other store managers' work, as it must to be considered an executive employee under the California law. The key issue for each purported class member's claim is whether that class member spent more than half of her time engaged in managerial work. This question, in turn, involves three main inquiries: (1) what tasks did the store manager perform; (2) were these tasks managerial; and (3) how much time did the manager spend on managerial and non-managerial tasks. Vaughn has not established that these questions can be adjudicated on a class-wide basis. And the record suggests that at least the third inquiry could require individualized proof. Though the proposed class members share the same title, how store managers spend their time varies substantially. In part, this variation flows from Coach's decision to give store managers discretion in how to spend their time. In part, store managers' actual work varies because they do not work in a standardized setting. Coach has store manager-led stores in California that generate less than $500,000 in annual revenue, and it has store manager-led stores in the state that generate around $20 million in annual revenue. In a small store, a store manager may supervise a total staff of around 7; in a larger store, a store manager could work with around 10 associate and assistant managers, and in total supervise over 30 employees. Because Vaughn has failed to establish predominance, the Court declines to address the remaining requirements for class certification at this time. Denial of the motion is without prejudice. Under these circumstances, it is reasonable to give Vaughn another chance to move for class certification because there is a reasonable possibility that Vaughn could establish predominance in a subsequent motion. Although Vaughn has not made the required showing in this motion, it appears possible that both the inquiry into what tasks store managers in fact perform and the inquiry into whether these tasks are managerial as a matter of law could be litigated on a class-wide basis. For example, it seems that the question of whether a store manager is engaged in managerial work while participating in sales to customers can be adjudicated as to all class members." A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=DmvGJ6e8 CONFIE SEGUROS: Faces "Amezcua" Suit in Sacramento -------------------------------------------------- Jesus Amezcua; Alejandro Marquez; and Jose Martinez, individually and on behalf of all others similarly situated, Plaintiffs v. Confie Seguros Insurance Services; Freeway Insurance Services Inc.; and Does 1-50, Defendants, Case No. 34- 2018-00230956-BC-GDS (Cal. Super., Sacramento Cty., April 17, 2018). Confie Seguros Insurance Services operates as an insurance broker. The Company offers a range of personal lines and commercial insurance products and services. [BN] The Plaintiff is represented by C Brooks Cutter. CITYSTYLE NYC: Has Until May 23 to Answer Sales Associates' Suit ---------------------------------------------------------------- Jenniebel Rosario, individually and on behalf of all others similarly situated, Plaintiffs v. Baba P. Adams; Ebrima Touray; CityStyle NYC; and John Doe, Defendants, Case No. 1:18-cv-02868- KBF (S.D.N.Y., March 30, 2018) is an action against the Defendants for unpaid regular hours, overtime hours, minimum wages, wages for missed meal and rest periods. Ms. Rosario was employed by the Defendants as a sales associate from March 30, 2015 to December 2016. In an Order dated May 4, 2018, the Court extended the Defendant's time to answer the Complaint and set an initial conference for May 24. The Defendants have until May 23 to move/answer, according to Judge Katherine B. Forrest's order. The Defendant is a shoes retailer in New York.[BN] The Plaintiff is represented by: Mohammed Gangat, Esq. LAW OFFICE OF MOHAMMED GANGAT 675 3rd Avenue, Suite 1810 New York, NY 10017 Telephone: (718) 669-0714 E-mail: mgangat@gangatllc.com CLEAR PATH: Faces "Horton" Suit over Veteran's Home Loan Rates -------------------------------------------------------------- Larry Dean Horton, individually and on behalf of all others similarly situated, Plaintiff v. Clear Path Lending, Inc., Defendant, Case No. 27-cv-18-5480 (Minn. Dist., Hennepin Cty., April 3, 2018) alleges that the Defendant's practice of targeting and deceiving veterans violates the Minnesota's Residential Mortgage Originator Act, the Deceptive Trade Practices Act, and the Consumer Fraud Act. According to the complaint, the Defendant targeted military veterans with deceptive and misleading sales tactics, convincing them to refinance fixed rate mortgages into adjustable rate loans that provide no tangible net benefit. When the refinanced loans inevitably adjust, the Defendant increase the veteran's interest rates. Clear Path Lending, Inc. is a California corporation engaged in the business of originating home mortgage loans. [BN] The Plaintiff is represented by: Beth Goodell, Esq. Brittany McCormick, Esq. MID-MINNESOTA LEGAL AID 430 First Avenue North, Suite 300 Minneapolis, MN 55401 Telephone: (612) 746-3603 E-mail: bgoodell@mylegalaid.org bmccormick@mylegalaid.org - and - Vildan Teske, Esq. Marisa Katz, Esq. TESKE KATZ KITZER & ROCHEL, PLLP 222 South Ninth Street, Suite 4050 Minneapolis, MN 55402 Telephone: (612) 746-1558 Facsimile: (651) 846-5339 E-mail: teske@tkkrlaw.com katz@tkkrlaw.com DEBT RECOVERY: Guilbe Sues over Debt Collection Practices --------------------------------------------------------- Lourene Guilbe, individually and on behalf of all others similarly situated, Plaintiff v. Debt Recovery Solutions, LLC, and John Does 1-25, Defendants, Case No. 3:18-cv-08272-MAS-TJB (D.N.J., April 24, 2018), seeks to stop the Defendant unfair and unconscionable means to collect debt. The case is assigned to Judge Michael A. Shipp and referred to Magistrate Judge Tonianne J. Bongiovannia. Debt Recovery Solutions, LLC was founded in February, 2002 by seasoned industry leaders with more than 30 years of collection experience. [BN] The Plaintiff is represented by: Joseph K. Jones, Esq. JONES, WOLF & KAPASI, LLC 375 Passaic Avenue, Suite 100 Fairfield, NJ 07004 Telephone: (973) 227-5900 Facsimile: (973) 244-0019 E-mail: jkj@legaljones.com DELTA DENTAL: Settlement Reached in "Young" Suit in S.D. New York ----------------------------------------------------------------- A class action lawsuit has been filed against Delta Dental of New York, Inc. The case is captioned as Lawrence Young, individually and on behalf of all other persons similarly situated, Plaintiff v. Delta Dental of New York, Inc., Defendant, Case No. 1:18-cv- 02810-PAE (S.D.N.Y., March 29, 2018). The case is assigned to Judge Paul A. Engelmayer, and referred to Magistrate Judge Sarah Netburn. On May 10, Young advised the Court that a settlement has been reached among the parties. Also on May 10, Judge Engelmayer signed off on an order extending the deadline to respond to the complaint to June 23, 2018. Delta Dental of New York Inc. operates as a non-profit organization. The Organization offers dental benefits coverage for individuals, groups, and families. Delta Dental of New York serves customers in the United States. [BN] The Plaintiff is represented by: Bradly Gurion Marks, Esq. THE MARKS LAW FIRM PC 175 Varick Street 3rd Floor New York, NY 10014 Telephone: (646) 770-3775 Facsimile: (646) 867-2639 E-mail: bmarkslaw@gmail.com DIGITAL MEDIA: Fails to Pay Overtime Pay, "Rodney" Suit Claims -------------------------------------------------------------- Dexter Rodney, individually and on behalf of all others similarly situated, Plaintiff v. Digital Media, Inc., Defendant, Case No. 1:18-cv-01644-WSD (N.D. Ga., April 17, 2018) is action against the Defendant for unpaid minimum wage, overtime compensation, liquidated damages, declaratory relief and other relief under the Fair Labor Standards Act. Mr. Rodney was employed by the Defendant as a cable technician from June 2016 to July 15, 2017. Digital Media, Inc. is a corporation whose principle place of business is located at 235 Peachtree Street, N.E. in Atlanta, Georgia and who operates and conducts business in and around Georgia and other states. [BN] The Plaintiff is represented by: Adian Miller, Esq. MORGAN & MORGAN, P.A. 191 Peachtree Street N.E., Suite 4200 Atlanta, GA 30303 Telephone: (404) 496-7332 Facsimile: (404) 496-7428 E-mail: armiller@forthepeople.com DRILL CUTTINGS: Court Conditionally Certified Technicians Class --------------------------------------------------------------- In the lawsuit styled JOSEPH GUTIERREZ, KYLE LYNN, and RYAN STEPHENS, each individually and on behalf of all others similarly situated, the Plaintiffs, 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, the Defendants, Case No. 5:18-cv-00257-XR (W.D. Tex.), the Hon. Judge Xavier Rodriguez entered an order conditionally certifying case as a collective action. The class is defined as follows: "solids control technicians employed by Drill Cuttings Disposal Company, L.L.C. in Texas and paid a day rate, at any time between January 7, 2011, and the present." The Court further orders that Plaintiffs are authorized to disseminate by first class U.S. Mail and by e-mail the proposed Notice and Consent Forms submitted with Plaintiffs' Motion, in accordance with the following schedule: 10 Days from Order approving notice to Potential Class Members: Respondent to provide to Plaintiffs' Counsel in Excel (.xlsx) format the following information regarding all Putative Class Members: full name; last known addresses with city, state, and zip Code; last known email addresses (non- company address if applicable); last known telephone numbers; beginning dates of employment; and ending dates of employment (if applicable). 20 Days from Order approving notice to Potential Class Members: Plaintiffs' Counsel shall send a copy of the Court approved Notice and Consent Form to the Putative Class Members by First Class U.S. Mail and by e-mail. Respondent shall be required to post the Notice and Consent Forms on all jobsites for 60 days in an open and obvious location. Plaintiffs' Counsel may follow-up the mailed Notice and Consent Forms with contact by telephone of former employees or those Putative Class Members whose mailed or e-mailed contact information is not valid. 60 days from mailing of Notice and Consent Forms to Potential Class Members: The Putative Class Members shall have 60 days to return their signed Consent forms to Plaintiffs' Counsel for filing with the Court. Respondent may remove the posted Notice and Consent forms. 20 Days from mailing of Notice and Consent Forms to Potential Class Members: Plaintiffs' Counsel is authorized to mail and e-mail a second, identical copy of the Notice and Consent Form to the Putative Class Members reminding them of the deadline for the submission of the Consent forms. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=OiytG9Z3 ENAGIC USA: Kim Sues over Sale of Water Purifiers ------------------------------------------------- EDWARD KIM, individually and on behalf of all others similarly situated, the Plaintiff, v. ENAGIC USA, INC.; and DOES 1 through 50, inclusive, the Defendant, Case No. BC705067 (Cal. Super. Ct., May 8, 2018), seeks to challenge and address ENAGIC's unlawful, unfair, and deceptive practices, relating to the sale and financing of goods and/or services by way of door-to-door sales in the State of California, pursuant to the Home Solicitation Sales Act. According to the complaint, ENAGIC unlawfully markets, sells, and finances alkaline ionizers and water filtration machines, through door-to-door sales, to unwary consumers. ENAGIC uses form contracts that fail to provide consumers with statutorily mandated cancellation notices and other disclosures in violation of the Home Solicitation Sales Act. In addition, ENAGIC sells and finances goods and/or services without providing contracts to the consumers in the languages in which they negotiated the contracts in violation of the Contract Translation Act. To halt and remedy ENAGIC's unlawful, unfair, and deceptive practices, the Plaintiff seeks appropriate relief for himself and the class including damages, restitution, injunctive relief, as well as attorneys' fees and costs. On or around April 5, 2015, an ENAGIC salesperson and agent of ENAGIC, John Hong, arrived at Plaintiff's home and attempted to sell Plaintiff ENAGIC's Continuous Ionized Kangen Water Generator to Plaintiff. Both Plaintiff and the Sales Agent speak Korean and the negotiations between them were conducted in Korean. The Sales Agent represented that the Product would cure Plaintiffs chronic health problems including problems with his kidney. In fact, according to the Sales Agent, the water purifier would provide a vast array of health benefits. The Sales Agent visited Plaintiffs home several times over the course of the coming months in an effort to convince Plaintiff to buy the water purifier. Finally, Plaintiff agreed to purchase the Product on August 13, 2015 at the Sales Agent's home. The Plaintiff was unable to afford to purchase the Product for $1,480.00 in cash. The Sales Agent informed Plaintiff that he could purchase the Product by making a down payment of $532.50 and subsequent monthly installment payments for 10 months. ENAGIC is engaged in a door-to-door sales scheme to sell its products, so-called water purifying equipment, to California consumers without complying with California's consumer protection statutes.[BN] Attorneys for Plaintiff Edward Kim and the proposed class: Bryan Kemnitzer, Esq. Mark Chavez, Esq. Adam J. Mcneile, Esq. KEMNITZER, BARRON & KRIEG, LLP 445 Bush St., 6th Floor San Francisco, CA 94108 Telephone: (415) 632 1900 Facsimile: (415) 632 1901 ENHANCED RECOVERY: Must Defend Against "Eady" TCPA Claims --------------------------------------------------------- In the lawsuit styled DEMONTA EADY and DEBORAH EVANS, the Plaintiffs, v. ENHANCED RECOVERY COMPANY, LLC, the Defendant, Case No. 3:17-cv-01008-TJC-PDB (M.D. Fla.), the Hon. Judge Timothy J. Corrigan entered an order on May 9, 2018: 1. denying ERC's motion to dismiss Plaintiffs' Telephone Consumer Protection Act claims for lack of standing without prejudice, to refiling on summary judgment; and 2. denying Plaintiffs' Demonta Eady and Deborah Evans' motion for class certification and appointment of class counsel without prejudice, to refiling after the Court has ruled on summary judgment, if appropriate, the Court shall set deadlines for briefing on any forthcoming motion for class certification at a later date; The Court shall enter a case management and scheduling order in Lane separately. Eady shall continue to be governed by its Case Management and Scheduling Order. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=S7czVdDB ENHANCED RECOVERY: Must Defend Against "Lane" TCPA Claims --------------------------------------------------------- In the lawsuit styled LORRAINE J. LANE, individually and on behalf of all others similarly situated, the Plaintiff, v. ENHANCED RECOVERY COMPANY, LLC, a Delaware limited liability company, the Defendant, Case No. 3:18-cv-00001-TJC-JBT (M.D. Fla.), the Hon. Judge Timothy J. Corrigan entered an order on May 9, 2018: 1. denying ERC's motion to dismiss Plaintiffs' Telephone Consumer Protection Act claims for lack of standing without prejudice, to refiling on summary judgment; and 2. denying Plaintiffs' Demonta Eady and Deborah Evans' motion for class certification and appointment of class counsel without prejudice, to refiling after the Court has ruled on summary judgment, if appropriate, the Court shall set deadlines for briefing on any forthcoming motion for class certification at a later date. The Court shall enter a case management and scheduling order in Lane separately. Lane shall continue to be governed by its Case Management and Scheduling Order. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=DE8SlshB FACEBOOK INC: Faces "Buckles" Suit for Selling Consumer Reports --------------------------------------------------------------- SANFORD BUCKLES, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. FACEBOOK, INC., Case No. 3:18-cv-02189 (N.D. Cal., April 12, 2018), is brought for damages, injunctive relief and other available remedies, resulting from the alleged illegal actions of the Defendant for willfully violating the Fair Credit Reporting Act. Facebook, Inc., is a Delaware Corporation with its principal place of business in California. Facebook is a "consumer reporting agency" as that term is defined by the FCRA, Mr. Buckles alleges. He contends that Facebook is a Consumer Reporting Agency that furnishes consumer reports under the FCRA. He argues that Facebook is a CRA because it regularly assembles and transmits information regarding consumers to third party advertisers, data brokers, researchers, and other third- parties, oftentimes for a fee.[BN] The Plaintiff is represented by: Abbas Kazerounian, Esq. Matthew M. Loker, Esq. KAZEROUNI LAW GROUP, APC 245 Fischer Avenue, Unit D1 Costa Mesa, CA 92626 Telephone: (800) 400-6808 Facsimile: (800) 520-5523 E-mail: ak@kazlg.com ml@kazlg.com - and - David H. Krieger, Esq. HAINES & KRIEGER, LLC 8985 S. Eastern Ave., Suite 350 Henderson, NV 89123 Telephone: (702) 880-5554 Facsimile: (702) 385-5518 E-mail: dkrieger@hainesandkrieger.com - and - Joshua B. Swigart, Esq. HYDE & SWIGART 2221 Camino Del Rio South, Suite 101 San Diego, CA 92108 Telephone: (619) 233-7770 Facsimile: (619) 297-1022 E-mail: josh@westcoastlitigation.com - and - Matthew I. Knepper, Esq. Miles N. Clark, Esq. KNEPPER & CLARK LLC 10040 W. Cheyenne Ave., Suite 170-109 Las Vegas, NV 89129 Telephone: (702) 825-6060 Facsimile: (702) 447-8048 E-mail: matthew.knepper@knepperclark.com miles.clark@knepperclark.com FIBRE-TEC PACKAGING: Fails to Pay Overtime Pay, "Gaspar" Claims --------------------------------------------------------------- Francisco Gaspar, individually and on behalf of all others similarly situated, Plaintiff v. Fibre-Tec Partitions, L.L.C.; J&I Resources, L.L.C.; Fibre-Tec Packaging, LLC; Terry A. Jannotta and Len Ingolia, Defendants, Case No. 1:18-cv-02307 (N.D. Ill., March 30, 2018) is an action as a result of the Defendants' failure to pay the Plaintiff and other similarly situated employees of the Defendants time and one-half compensation for the overtime in excess of 40 hours in any given week they worked. Mr. Gaspar was employed by the Defendant as a machine operator at the Defendant's factory in Chicago, from July 2010 to March 14, 2018. Fibre-Tec Partitions, L.L.C. was founded in 1997. The company's line of business includes the manufacturing of pulp from wood and other materials.[BN] The Plaintiff is represented by: Paul Luka, Esq. MENDOZA LAW, P.C. 120 S. State Street, Suite 400 Chicago, IL 60603 Telephone:(312) 508-6010 E-mail: paul@alexmendozalaw.com FORD OF SIMI: Cars Sold Above Advertised Price, Marchetti Claims ---------------------------------------------------------------- Elizabeth Marchetti, and Frank Marchetti, individually and on behalf of all others similarly situated, Plaintiffs v. Ford of Simi Valley, Inc., and Does 1 through 20, Defendants, Case No. BC700684 (Cal. Super., Los Angeles Cty., April 2, 2018) alleges violation of the California Consumer Legal Remedies Act. According to the complaint, on December 28, 2017, the Plaintiffs went to Defendants' dealership and indicated that they had seen the vehicle advertised by the Defendants and they are interested in purchasing it. The Plaintiffs attempted to negotiate the Defendants down from the $31,650 advertised price, but Defendants responded that not only would the Defendants not negotiate down from the $31,650 advertised price, but they would not even sell it to the Plaintiffs for the $31,650 advertised price. The Defendants would only sell the vehicle for anything less than $33,995, $2,345 above the advertised price. The Plaintiffs then purchased the vehicle at the $33,995 price, over protest that it was over the amount advertised. Ford of Simi Valley, Inc. operates as an automobile dealer. The Company engages in the retail sale of new and used automobiles, as well as provides automobile financing, auto parts, repair, and maintenance services. Ford of Simi Valley operates in the United States. [BN] The Plaintiff is represented by: J. Elias Sanchez, Esq. SANCHEZ, PLC 650 Sierra Madre Villa Avenue, Suite 102 Pasadena, CA 91107 Telephone: (562) 650-8154 Facsimile: (626) 628-3868 E-mail: SanchezProfessionalLaw@gmail.com GEORGIA: Commissioner Faces United Cerebral Palsy Suit ------------------------------------------------------ UNITED CEREBRAL PALSY OF GEORGIA, INC.; COASTAL CENTER FOR DEVELOPMENTAL SERVICES, INC. DBA EMPLOYABILITY; HOPE HAVEN OF NORTHEAST GEORGIA, INC.; and CREATIVE COMMUNITY SERVICES, INC., individually and on behalf of all others similarly situated, Plaintiffs v. GEORGIA DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES; Commissioner Judy Fitzgerald, in her official capacity as commissioner of The Department of Behavioral Health and Developmental Disabilities; GEORGIA DEPARTMENT OF COMMUNITY HEALTH; and Commissioner Frank W. Berry in his official capacity as commissioner of the Department of Community Health, Defendants, Case No. 2018CV303216 (Ga. Super., March 30, 2018) is an action arising from the Defendants' alleged breaches of contract and violations of state and federal statutes and the U.S. Constitution and the State of Georgia, as a result of the Defendants' systemic failures to disclose, give any notice of the Defendants' actions and breaches of contract, improper calculations and underpayments of Medicaid reimbursements. The Georgia Department of Behavioral Health and Developmental Disabilities provides treatment and support services to people with behavioral health challenges and addictive diseases. They also assist individuals who live with developmental disabilities. The agency's mission is to provide high-quality health care opportunities for individuals with developmental disabilities or behavioral health challenges close to their homes, so they can live a life of independence and recovery and create a sustainable, self-sufficient, and resilient life in their community. [BN] The Plaintiff is represented by: Eric Jon Taylor, Esq. Lawrence J. Bracken, II, Esq. Laura T. Wagner, Esq. Daniel B. Millman, Esq. Ra O. Amen, Esq. HUNTON & WILLIAMS LLP 600 Peachtree Street, Suite 1400 Atlanta, GA 30308 Telephone: (404) 888-4000 Facsimile: (404) 888-4190 E-mail: etaylor@hunton.com lbracken@hunton.com lwagner@hunton.com dmillman@hunton.com ramen@hunton.com GENERAL MOTORS: 2012 Acadia Has Steering Defects, Spencer Says -------------------------------------------------------------- Richard Spencer, individually and on behalf of all others similarly situated, Plaintiff v. General Motors, LLC, and Does 1 through 10, Defendants, Case No. CGC-18-565408 (Cal. Super., San Francisco Cty., April 2, 2018) alleges that the Defendants committed fraud by failing to disclose to consumers at the time of sale that certain of the Defendants' vehicles including the 2012 GMC Acadia, suffer from defects that cause the steering system to intermittently and drastically fail while the car is in motion. General Motors LLC was incorporated in 2009 and is based in Wilmington, Delaware. General Motors LLC operates as a subsidiary of General Motors Company. [BN] The Plaintiff is represented by: Tionna Dolin, Esq. Jacob Cutler, Esq. STRATEGIC LEGAL PRACTICES, APC 1840 Century Century Park East, Suite 430 Los Angeles, CA 90067 Telephone: (310) 929-4900 Facsimile: (310) 943-3838 E-mail: tdolin@slpattorney.com jcutler@slpattorney.com GILEAD SCIENCES: Martinez and Wohler Sue over Antiviral Meds ------------------------------------------------------------ DEVIN MARTINEZ and RICARDO WOHLER, individually, and on behalf of all others similarly situated, the Plaintiffs, v. GILEAD SCIENCES, INC., the Defendant, Case No. BC705063 (Cal. Super. Ct., May 8, 2018), is a lawsuit on behalf of California consumers who purchased Gilead's Viread, Truvada, or Atripla drugs from October 26,2001, through the present, and who were personally or whose physician was exposed to Gilead's misrepresentations about TDF, Viread, Truvada, or Atripla. The Plaintiffs are consumers of Gilead's tenofovir and tenofovir-based antiviral medications, Viread, Truvada, and Atripla. The Plaintiffs were prescribed and took Gilead's drugs as part of "highly active antiretroviral therapy" to treat and manage HIV infection. Viread is the brand name of "tenofovir disoproxil fumarate", which is a prodrug of the compound tenofovir. TDF works by blocking the protein that HIV needs to replicate itself in the human body. TDF is Viread's only active ingredient. Truvada and Atripla are both fixed dose combination tablets containing 300 milligrams of TDF and one or two additional drugs. Truvada combines TDF with 200 milligrams of emtricitabine, and Atripla adds one more medication to that combination, 600 mg of efavirenz. Gilead knew, or should have known, at the time it developed, manufactured, and sold Viread, Truvada, and Atripla that TDF was highly toxic in the doses prescribed and risked permanent and possibly fatal damage to the kidneys and bones. Instead of fully and completely investigating and disclosing the known and knowable risks associated with TDF, Gilead ignored and affirmatively misrepresented them. As well, at the same time it was promoting TDF as safe and effective, Gilead was researching a safer and more effective prodrug that greatly reduced the risk of toxicity to kidneys and bones. Gilead first misrepresented TDF's safety profile as early as 2001, right after Viread's approval, through its sales representatives and CEO, claiming that TDF was a "miracle drug," had "no toxicides," was "benign," and "extremely safe." Gilead's CEO at the time, Dr. John C. Martin, would often refer to TDF as a miracle drug at sales meetings. According to the complaint, Gilead's tactics have allowed it to reap outsized profits. In 2015, Gilead was able to earn 90% Non- GAAP Product Gross Margins. Gilead's tactics have led the New York Times to comment, "Gilead now is faced with figuring out what to do with all the cash it is generating." Gilead's high profits come from the steep costs of its drugs. High prices of drugs such as Gilead's Truvada ($18,456 per year) limit patient access either through exorbitant out of pocketcosts or co-pays, limitations in existing insurance, and rationing of these high-priced pills. In its 2015 earnings Guidance, Gilead stated that it anticipated spending between $2.8 billion and $3 billion on research and development, while earning a profit of roughly $23 billion. Gilead spent approximately that much in 2015 on research and development but its profits in 2015 were $36.2 billion. If Gilead's tactics are allowed to continue without sanction, Gilead will continue to harm the public and violate California law.[BN] The Plaintiffs are represented by: Michelle M. Rutherford, Esq. RUTHERFORD LAW 2811 1/2 2nd Ave. Los Angeles, CA 90018 E-mail: michelIe@rfordIaw.com - and - Liza M. Brereton, Esq. Arti Bhimani, Esq. Tom Myers, Esq. AIDS HEALTHCARE FOUNDATION 6225 W. Sunset Blvd., 21st Floor Los Angeles, CA 90028 Telephone: (323) 860 5200 Facsimile: (323) 467 8450 E-mail: liza.brereton@aidshealth.org arti.bhimani@aidshealth.org tom.myers@aidshealth.org GOLDENWEST MANAGEMENT: Perkins Seeks to Recoup Security Deposits ---------------------------------------------------------------- SHELBY PERKINS, an individual and on behalf of others similarly situated, the Plaintiff, v. GOLDENWEST MANAGEMENT, INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS INVESTMENT PROPERTY SOLUTIONS, a Nevada Corporation; JULIE SERVAIS, an individual; and DOES 1 through 100, inclusive, the Defendants, Case No. 37-2018-00022790-CU-C0-CTL (Cal. Super. Ct. Fla., May 8, 2018), seeks to recover damages caused by Defendants' violation of California Civil Code section 1950.5 by charging nonrefundable security deposits and failing to return the same to the Plaintiff. According to the complaint, through a fraudulent, unlawful, deceptive and unfair course of conduct, the Defendant charged and collected nonrefundable security deposits from Plaintiff, and others similarly situated, in violation of the California Civil Code section 1950.5 et seq. under the guise of "nonrefundable" Pet Fees Deposits and Administrative Fees.[BN] The Plaintiff is represented by: John H. Donboli, Esq. Raquel S. Mor, Esq. DONBOLI LAW GROUP, APC 11682 El Camino Real, Suite 100 San Diego, CA 92130 Telephone: (858) 252 2015 Facsimile: (858) 724 1490 GROM USA LLC: Faces "Olsen" Suit in S.D. New York ------------------------------------------------- A class action lawsuit has been filed against Grom USA, LLC. The case is captioned as Thomas J. Olsen, individually and on behalf of all others similarly situated, Plaintiff v. Grom USA, LLC, Defendant, Case No. 1:18-cv-03342 (S.D.N.Y., April 17, 2018). The case is assigned to Judge Vernon S. Broderick. Grom USA, LLC is a privately held company in New York, NY and is a single location business, categorized under Ice Cream (Packaged).[BN] The Plaintiff is represented by: Christopher Howard Lowe, Esq. LIPSKY LOWE LLP 630 Third Avenue New York, NY 10017-6705 Telephone: (212) 392-4772 Facsimile: (212) 444-1030 E-mail: chris@lipskylowe.com HOHLA & WYSS: Does Not Pay Minimum, OT Wages, Says "Arp" Suit ------------------------------------------------------------- Ray Arp, On behalf of himself and those similarly situated v. Hohla & Wyss Enterprises, LLC; Hohla & Wyss Cooperatives, LLC; Hohla & Wyss Establishments, LLC; Hohla & Wyss Merchants, LLC; Hohla & Wyss Outfits, LLC; Hohla & Wyss Shops, LLC; Hohla & Wyss Ventures, LLC; Hohla & Wyss Partnerships, LLC; Jon Wyss; Erika Wyss; and Brad Hohla, Case No. 3:18-cv-00119-WHR (S.D. Ohio, April 12, 2018), accuses the Defendants of failing to compensate the Plaintiff and similarly-situated individuals with minimum and overtime wages as required by the Fair Labor Standards Act, the Ohio Constitution, and the Ohio Minimum Fair Wage Standards Act. The Defendants operate at least five Jimmy John's stores in the Dayton, Ohio area. The Individual Defendants own and operate at least five Jimmy John's stores in the Dayton, Ohio area under various LLCs as a single employer or single enterprise. The Defendants have interrelated operations, common management, centralized control of labor relations, and common ownership.[BN] The Plaintiff is represented by: Andrew Biller, Esq. Andrew Kimble, Esq. MARKOVITS, STOCK & DEMARCO, LLC 3825 Edwards Road, Suite 650 Telephone: (513) 651-3700 Facsimile: (513) 665-0219 E-mail: abiller@msdlegal.com akimble@msdlegal.com HUDSON'S BAY: Faces "Vains" Suit in S.D. New York ------------------------------------------------- A class action lawsuit has been filed against Hudson's Bay Company. The case is captioned as Latusha Vains, individually and on behalf of all others similarly situated, Plaintiff v. Hudson's Bay Company, and Saks Fifth Avenue LLC, Defendants, Case No. 1:18-cv-03366-JFK (S.D.N.Y., April17, 2018). The case is assigned to Judge John F. Keenan, and referred to Magistrate Judge Henry B. Pitman. Hudson's Bay Company owns and operates department stores in Canada, the United States, and Europe. The company was founded in 1670 and is based in Brampton, Canada. Hudson's Bay Company is a subsidiary of Hudson's Bay Company (Luxembourg). [BN] The Plaintiff is represented by: Paul C. Whalen, Esq. LAW OFFICES OF PAUL C. WHALEN, P.C. 768 Plandome Road Manhasset, NY 11030 Telephone: (516) 627-5610 Facsimile: (212) 658-9685 E-mail: paul@paulwhalen.com HYATT HOTELS: Tichy Sues Over Hotel Internet Search Rigging ----------------------------------------------------------- Karen Tichy, individually and on behalf of others similarly situated, Plaintiffs, v. Hyatt Hotels Corporation, Hilton Worldwide Holdings, Inc., Intercontinental Hotels Group, PLC, Marriott International, Inc., Choice Hotels International, Inc. and Wyndham Worldwide Corporation, Defendant, Case No. 17-cv- 01959, (N.D. Ill., March 19, 2017), seeks damages and equitable relief under Sections 4 and 16 of the Clayton Act and Section 1 of the Sherman Antitrust Act. Plaintiff alleges that the Defendants engaged in an anti- competitive horizontal agreement to restrain competition for consumer hotel room purchases. Specifically, the Defendants conspired and agreed to eliminate branded keyword search advertising against each other, depriving consumers of the free flow of competitive information, raising consumer prices for hotel rooms and raising the cost of finding hotel rooms for consumers. Ms. Tichy searched for hotel rooms using Defendants' branded keywords. She recalls in her searches for hotel rooms on Google that she began to notice fewer competitive options being presented. Hilton, Hyatt, Marriott, Choice, IHG and Wyndham control approximately 60% of all hotel room inventory in the United States. [BN] Plaintiff is represented by: Steve W. Berman, Esq. Eugene A. Burrus, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 1918 Eighth Avenue, Suite 3300 Seattle, WA 98101 Tel: (206) 623-7292 Email: steve@hbsslaw.com geneb@hbsslaw.com - and - Elizabeth A. Fegan, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 455 N. Cityfront Plaza Drive, Suite 2410 Chicago, IL 60611 Telephone: (708) 628-4949 Facsimile: (708) 628-4950 E-mail: beth@hbsslaw.com INTERNATIONAL CONSTRUCTION: Fails to Pay Wages, "Martinez" Claims ----------------------------------------------------------------- Gilmar Martinez, individually and on behalf of all others similarly situated, Plaintiff v. International Construction Inc., and Does 1 through 20, inclusive, Defendants, Case No. BC703758 (Cal. Sup., Los Angeles Cty., April 24, 2018) is an action against the Defendants for wage and hour violations arising out of their misclassification of employees, failure to pay wages, and provide itemized wage statement. Mr. Martinez was employed by the Defendants as a construction worker for June 2017 to September 2017. International Construction, Inc. offers contracting services to its clients. The Company provides services including building maintenance, water line, and sewer line construction. International Construction, Inc. is based in the state of Hawaii. [BN] The Plaintiff is represented by: Alvin M. Gomez, Esq. GOMEZ LAW GROUP 2725 Jefferson Street, Suite 7 Carlsbad, CA 92008 Telephone: (858) 552-0000 Facsimile: (760) 720-5217 Email: alvingomez@thegomezlawgroup.com ITALKRAFT LLC: "Garcia" Labor Suit Seeks Unpaid Overtime Wages -------------------------------------------------------------- Janeiro Garcia, for himself and on behalf of those similarly situated Plaintiff, v. Italkraft, LLC, Michael Pfeiffer Carpentry, Inc., Michael Pfeiffer, Defendants, Case No. 18-cv- 21011 (S.D. Fla., March 16, 2018), seeks to recover unpaid wages, liquidated damages and reasonable attorneys' fees and costs under the fair Labor Standards Act. Defendant hired Plaintiff to work as an hourly-paid installer, for Defendant's Italian-style residential and commercial cabinetry business. Garcia claims to have worked in excess of forty hours within a workweek, without overtime pay. [BN] Plaintiff is represented by: Angeli Murthy, Esq. MORGAN & MORGAN, PA Suite 400, 600 N Pine Island Rd. Plantation, FL 33324 Tel: (954) 967-5377 Fax: (954) 327-3016 Email: amurthy@forthepeople.com KNORR-BREMSE AG: Theobald Sues over No-Poach Policy --------------------------------------------------- DUSTIN THEOBALD, individually and on behalf of all others similarly situated, Plaintiff v. KNORR-BREMSE AG; KNORR BRAKE COMPANY; NEW YORK AIR BRAKE COMPANY; WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION; and FAIVELEY TRANSPORT NORTH AMERICA INC., Defendants, Case No. Case 2:18-cv-00526-CRE (W.D. Pa., April 24, 2018), seeks to recover damages suffered by the Plaintiff and the Class and to secure equitable and injunctive relief against the Defendants for violating the Sherman Act. According to the complaint, the Defendants Knorr-Bremse AG, Westinghouse Air Brake Technologies Corporation, and Faiveley Transport S.A., prior to its acquisition by Wabtec in November 2016, collectively agreed not to solicit, recruit, or hire each other's employees without prior approval, or otherwise compete for employees. The conspiratorial No-Poach Agreements had the effect of unlawfully allocating employees between Defendants, resulting in suppressed compensation, among other injuries, to U.S. workers. Despite the high demand for a limited supply of skilled employees who have the relevant technical and industry experience, the unlawful No-Poach Agreements substantially limited U.S. rail industry workers' access to better job opportunities, restricted mobility, and deprived them of information useful in negotiating better terms of employment, including higher compensation. Knorr-Bremse Aktiengesellschaft develops, produces, markets, and services braking systems for rail and commercial vehicles. The Company provides entrance, windscreen wiper, driver assistance, and power supply systems, as well as platform screen doors and torsional vibration dampers. Knorr-Bremse serves customers worldwide. [BN] The Plaintiff is represented by: John C. Evans, Esq. JCEVANS LAW, P.C. 436 7th Avenue, 26th Floor Pittsburgh, PA 15219 Telephone: (412) 642-2300 Facsimile: (412) 642-2309 E-mail: jcevans@jcevanslaw.com - and - Hollis Salzman, Esq. Kellie Lerner, Esq. ROBINS KAPLAN LLP 399 Park Avenue, Suite 3600 New York, NY 10022 Telephone: (212) 980-7400 Facsimile: (212) 980-7499 E-mail: hsalzman@robinskaplan.com klerner@robinskaplan.com - and - Thomas J. Undlin, Esq. ROBINS KAPLAN LLP 800 LaSalle Avenue, Suite 2800 Minneapolis, MN 55 Telephone: (612) 349-8500 Facsimile: (612) 339-4181 E-mail: tundlin@robinskaplan.com - and - Tai S. Milder, Esq. Aaron M. Sheanin, Esq. ROBINS KAPLAN LLP 2440 West El Camino Real, Suite 100 Mountain View, CA 94040 Telephone: (650) 784-4024 Facsimile: (650) 784-4041 E-mail: tmilder@robinskaplan.com asheanin@robinskaplan.com LA MELA RISTORANTE: Fails to Pay Proper Wages, "De Faria" Claims ---------------------------------------------------------------- Jose De Faria, individually and on behalf of all others similarly situated, Plaintiff v. La Mela Ristorante Italiano Inc. d/b/a La Mela Ristorante, Defendant, Case No. 1:18-cv-03341-LAP (S.D.N.Y., April 17, 2018) is an action against the Defendants for unpaid regular hours, overtime hours, minimum wages, wages for missed meal and rest periods. Mr. De Faria worked at La Mela Ristorante as a server from the year 2015 to January 2018. La Mela Ristorante Italiano Inc. d/b/a La Mela Ristorante is a New York corporation engaged in the restaurant business. [BN] The Plaintiff is represented by: Jeffrey E. Goldman, Esq. Thomas H. Andrykovitz, Esq. THE LAW OFFICES OF JEFFREY E. GOLDMAN 501 Fifth Ave., Suite 1900 New York, NY 10017 Telephone: (212) 983-8999 Facsimile: (646) 693-2289 L'OREAL USA: Fails to Pay Proper Wages, "Wallace" Suit Alleges -------------------------------------------------------------- Divena Wallace and Xavier Reyes, individually and on behalf of all others similarly situated, Plaintiffs v. L'Oreal, USA S/D, Inc.; Randstad North America, Inc.; and Does 1-50, Defendants, Case No. 34-2018-00230222 (Cal. Super., Sacramento Cty., April 3, 2018) is an action against the Defendants for unpaid regular hours, overtime hours, minimum wages, wages for missed meal and rest periods. The Plaintiff Wallace was employed by the Defendants as sales representative from year 2011 to February 2018. The Plaintiff Reyes was employed by the Defendants as sales representatives from August 2013 to April 2018. L'Oreal USA S/D, Inc. was founded in 1999. The company's line of business includes the retail sale of specialized lines of merchandise. [BN] The Plaintiff is represented by: John R. Parker, Jr., Esq. C. Brooks Cutter, Esq. Matthew M. Breining, Esq. CUTTLER LAW, P.C. 401 Watt Avenue Sacramento, CA 95864 Telephone: (916) 290-9400 LONE STAR EXTERIORS: "Stewart" Suit Seeks Unpaid Overtime Wages --------------------------------------------------------------- John Stewart, individually and on behalf of all others similarly situated, Plaintiff, v. Lone Star Exteriors, LLC, Defendant, Case No. 18-cv-00131 (E.D. Tex., March 19, 2018), seeks to recover unpaid overtime, liquidated damages, all available equitable relief, Attorneys' fees, and litigation expenses/costs, including expert witness fees and expenses pursuant to the Fair Labor Standards Act. Plaintiff was employed by Lone Star Exteriors in Tyler, Texas as a roof and gutter installer. Stewart was paid an hourly rate for all hours worked, with no overtime premium for any hours worked over 40 in a work week, says the complaint. [BN] 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 Email: info@hommelfirm.com LYFT INC: Talbot & Garcia Seek Minimum Wage & Overtime ------------------------------------------------------ MATTHEW TALBOT AND MONICA GARCIA, individually and on behalf of all others similarly situated, the Plaintiffs, v. LYFT, INC., the Defendant, Case No. CGC-18-566392 (Cal. Super. Ct., May 8, 2018), seeks to recover minimum wage and overtime pay under the California Labor Code. This case is brought on behalf of individuals who have worked as Lyft drivers in California. Lyft is a car service, which engages thousands of drivers across the state of California to transport riders. Lyft is based in San Francisco, California, and it does business across the United States and extensively throughout California. Lyft has willfully misclassified its drivers including Plaintiffs Matthew Talbot and Monica Garcia Dora, in violation of Cal. Labor Code. Additionally, because of drivers' misclassification as independent contractors, Lyft has unlawfully required drivers to pay business expenses (including expenses to own or lease a vehicle and maintain and fuel it, as well as phone/data expenses) in violation of the California Labor Code and has also failed to pay required minimum wage for all hours worked in violation of the Labor Code. Lyft has also failed to pay overtime wages.[BN] The Plaintiff is represented by: Shannon Liss-Riordan, Esq. LICHTEN & LISS-RIORDAN, P.C. 729 Boylston Street, Suite 2000 Boston, MA 02116 Telephone: (617) 994 5800 Facsimile: (617) 994 5801 E-mail: sliss@llrlaw.com M.A.C. COSMETICS: Fails to Pay Wages & Overtime, Deguchy Says ------------------------------------------------------------- MERCEDES DEGUCHY, as an individual and on behalf of all others similarly situated, the Plaintiff, v. M.A.C. COSMETICS, INC., a Delaware corporation; and DOES 1 through 100, the Defendant, Case No. 37-2018-00022831-CU-OE-CTL (Cal. Super. Ct., May 8, 2018), seeks to recover unpaid wages and overtime pay under the California Labor Code. The Plaintiff is an individual over the age of 18. At all relevant times, the Plaintiff was and currently is a California resident. During the four years immediately preceding the filing of the Complaint in this action and within the statute of limitations periods applicable to each cause of action pled, The Plaintiff was employed by Defendants as a nonexempt employee. The Plaintiff was and is a victim of Defendants' policies and practices, lost money and/or property, and has been deprived of the right guaranteed by California Business & Professions Code. The Plaintiff alleges that during the four years preceding the filing of the Complaint and continuing to the present, the Defendants did and continue to do business by operating retail stores for the sale of cosmetics, and employed the Plaintiff and other similarly situated non-exempt employees within the State of California and the County of Orange, and therefore, were and are doing business in the State of California and the County of Orange. MAC Cosmetics is a cosmetics manufacturer founded in Toronto in 1984 by Frank Toskan and Frank Angelo. The company is headquartered in New York City and became part of the Estee Lauder Companies in 1998.[BN] The Plaintiff is represented by: John E. Lattin, Esq. JOHNLATTINLAW, APC 26056 Acero Mission Viejo, CA 92691 Telephone: (949) 357 2544 Facsimile: (949) 305 4591 - and - James R. Patterson, Esq. Allison H. Goddard, Esq. Jacquelyn E. Quinn, Esq. PATTERSON LAW GROUP APC 1350 Columbia St., Suite 603 San Diego, CA 92101 Telephone: (619) 756 6990 Facsimile: (619) 756 6991 MACY'S INC: Has Made Unsolicited Calls, "Perrong" Suit Claims ------------------------------------------------------------- Andrew Perrong, individually and on behalf of all others similarly situated, Plaintiff v. Macy's Inc.; Department Stores National Bank; FDS Bank and Macy's Credit and Customer Services, Inc., Defendants, Case No. 2:18-cv-01382-GEKP (E.D. Pa., April 2, 2018) alleges that the Defendants have made 30 nonconsensual, nonemergency collections calls with prerecorded or artificial voices to a phone number for which the Plaintiff was charged for incoming calls, in violation of the Telephone Consumer Protection Act. Macy's, Inc., an omni-channel retail organization, operates stores, Websites, and mobile applications. The company was formerly known as Federated Department Stores, Inc. and changed its name to Macy's, Inc. in June 2007. Macy's, Inc. was founded in 1830 and is based in Cincinnati, Ohio. [BN] The Plaintiff is represented by: Clayton S. Morrow, Esq. MORROW & ARTIM, PC 304 Ross Street, 7th Floor Pittsburgh, PA 15219 Telephone: (412) 209-0656 Email: csm@ConsumerLaw365.com - and - Jon B. Fougner, Esq. 600 California Street, 11th Floor San Francisco, CA 94108 Telephone: (434) 623-2843 Facsimile: (206) 338-0783 Email: Jon@FougnerLaw.com MASTER HUANG: Staff Sues Over Unpaid OT, Spread-of-Hours Pay ------------------------------------------------------------ Haoan Liao, Chunfeng Xia, individually and on behalf of all other employees similarly situated, Plaintiff, v. Master Huang Inc., Chienchung Huang, Defendants, Case No. 704148/2018 (N.Y. Sup., March 19, 2018), seeks to recover minimum wage, overtime wages, spread-of-hours compensation, damages for failure to provide wage statements, damages for failure to provide wage notice at the time of hiring, liquidated damages, interest, costs and attorneys' fees for violations of the New York Labor Law. Defendants own, operate, or control a foods manufacturing business located at 40-52 Main Street, Flushing NY 11355 under the name of Master Huang Inc. where Plaintiffs were hired as food preparers and deliverymen. [BN] Plaintiff is represented by: Lian Zhu, Esq. HANG & ASSOCIATES, PLLC 136-20 38th Avenue, Suite 10G Flushing, NY 11354 Tel: (718)353-8588 Email: lzhu@hanglaw.com MBR CENTRAL: Donaldson Sues Over Inadequate Reimbursement --------------------------------------------------------- Dylan Donaldson, On behalf of himself and others similarly situated, Plaintiff, v. MBR Central III Pizza LLC, M.B.R. Management Corporation, Doe Corporation 1- 10, and Mark Ratterman, Defendants, Case No. 18-cv-03048 (C.D. Ill., March 17, 2018), seeks appropriate monetary, declaratory and equitable relief for failure to compensate minimum wages as required by the Fair Labor Standards Act, Illinois Minimum Wage Law and the Illinois Wage Payment and Collection Act. MBR Central Ill Pizza LLC, M.B.R. Management Corporation is a Domino's franchisee that owns and operates 83 stores. Donaldson worked for MBR as a delivery driver from approximately April 2017 until December 28, 2017. Donaldson used his own car to deliver pizza and claims that MBR's vehicle expense reimbursement is inadequate thus rendering their pay below mandated minimum wage rates. [BN] Plaintiff is represented by: Aaron Maduff, Esq. MADUFF & MADUFF, LLC 205 N. Michigan Ave., Suite 2050 Chicago, IL 60601 Tel: (312) 276-9000 Email: abmaduff@madufflaw.com - and - Andrew Biller, Esq. Andrew Kimble, Esq. MARKOVITS, STOCK & DEMARCO, LLC 3825 Edwards Road, Suite 650 Cincinnati, OH 45209 Tel: (513) 651-3700 Fax: (513) 665-0219 Email: abiller@msdlegal.com akimble@msdlegal.com Website: www.msdlegal.com MCDONALD'S CORPORATION: "Magee" Suit Seeks to Certify Class ----------------------------------------------------------- In the lawsuit styled SCOTT MAGEE, individually and on behalf of all others similarly situated, the Plaintiff, v. McDonald's Corporation and McDonalds's USA, LLC, Case No. 1:16-cv-05652 (N.D. Ill.), the Plaintiff asks the Court for class certification. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=4yrOzfAn The Plaintiff is represented by: Roberto Luis Costales, Esq. William H. Beaumont, Esq. Emily. A. Westermeier, Esq. Jonathan Mille Kirkland, Esq. BEAUMONT COSTALES LLC 3801 Canal Street, Suite 207 New Orleans, LA 70119 Telephone: (773) 831 8000 E-mail: rlc@beaumontcostales.com MCMC LLC: "Mauthe" Suit Seeks to Certify Class ---------------------------------------------- In the lawsuit styled ROBERT W. MAUTHE, M.D., P.C., a Pennsylvania corporation, individually and as the representative of a class of similarly-situated persons, the Plaintiff, v. MCMC LLC, the Defendant, Case No. 5:18-cv-01901-EGS (E.D. Pa.), the Plaintiff moves the Court for entry of an order certifying a class of: "each person or entity that was sent one or more telephone facsimile messages ("faxes") on or after May 7, 2014 from MCMC about one or more courses available from the International Academy of Independent Medical Evaluators, www.iaime.org." A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=xnJtLtsD The Plaintiff is represented by: Richard Shenkan, Esq. SHENKAN INJURY LAWYERS, LLC P.O. Box 7255 New Castle, PA 16170 Telephone: (412) 716 5800 Facsimile: (888) 769 1774 E-mail: rshenkan@shenkanlaw.com - and - Philip A. Bock, Esq. BOCK, HATCH LEWIS & OPPENHEIM, LLC 134 N. La Salle St. Ste 1000 Chicago, IL 60602 Telephone: (313) 658 5500 Facsimile: (312) 658 5555 E-mail: phil@classlawyers.com MDL 2804: Asbestos Workers Fund Suit Consolidated in N.D. Ohio -------------------------------------------------------------- The class action lawsuit titled Asbestos Workers Local 6 Health and Welfare Fund and Massachusetts Bricklayers & Masons Trust Funds, on behalf of themselves and all others similarly situated, the Plaintiffs. v. Purdue Pharma L.P.; Purdue Pharma Inc.; The Purdue Frederick Company Inc.; McKesson Corporation; Cardinal Health Inc.; AmerisourceBergen Corporation; Teva Pharmaceutical Industries Ltd.; TEVA Pharmaceuticals USA Inc.; Cephalon Inc.; Johnson & Johnson; Janssen Pharmaceuticals Inc.; Ortho McNeil Janssen Pharmaceuticals Inc.; Janssen Pharmaceuticals Inc.; Janssen Pharmaceutical Inc.; Endo Health Solutions Inc.; Endo Pharmaceuticals Inc.; Allergan PLC, formerly known as: Actavis plc.; Watson Pharmaceuticals, Inc.; Actavis Inc. Watson Laboratories Inc.; Actavis LLC; Actavis Pharma, Inc., formerly known as: Watson Pharma, Inc., the Defendants, Case No. 1:18-cv- 10799, was transferred from the U.S. District Court for the District of Massachusetts, to the U.S. District Court for the Northern District of Ohio (Cleveland) on May 8, 2018. The Northern District Court Clerk assigned Case No. 1:18-op-45542-DAP to the proceeding. The Asbestos Workers case is being consolidated with MDL 2804 in re: NATIONAL PRESCRIPTION OPIATE LITIGATION. The MDL was created by Order of the United States Judicial Panel on Multidistrict Litigation on December 5, 2017. These cases concern the alleged improper marketing of and inappropriate distribution of various prescription opiate medications into cities, states and towns across the country. Responding plaintiffs' positions on centralization vary considerably. Plaintiffs in over 40 actions or potential tag-along actions support centralization. Plaintiffs in fifteen actions or potential tag-along actions oppose centralization altogether or oppose transfer of their action. In addition to opposing transfer, the State of West Virginia suggests that the transfer of its case be delayed until the Southern District of West Virginia court decides its motion to remand to state court. Third party payor plaintiffs in an Eastern District of Pennsylvania potential tag-along action (Philadelphia Teachers Health and Welfare Fund) oppose centralization of third partypayor actions. The Western District of Washington plaintiff City of Everett opposes centralization and, alternatively, requests exclusion of its case. The Northern District of Illinois tagalong plaintiff City of Chicago asks the Panel to defer transfer of its action until document discovery is completed. Presiding Judge in the MDL is Sarah S. Vance, United States District Judge. The lead case is 1:17-md-02804-DAP.[BN] The Plaintiffs are represented by: Evan R. Hoffman, Esq. THORNTON LAW FIRM 100 Summer Street, 30th Floor Boston, MA 02110 Telephone: (617) 720 1333 E-mail: ehoffman@tenlaw.com MERCK & CO: Faces Wisconsin Fund's Suit over Sale of Zetia ---------------------------------------------------------- WISCONSIN MASONS' HEALTH CARE FUND, Plaintiff v. MERCK & CO., INC.; MERCK SHARP & DOHME CORP.; SCHERING- PLOUGH CORP.; SCHERING CORP.; MSP SINGAPORE CO. LLC; GLENMARK PHARMACEUTICALS, LTD.; and GLENMARK PHARMACEUTICALS INC., USA, Defendants, Case No. 2:18-cv- 213-RAJ-RJK (E.D. Va., April 17, 2018) seeks to recover damages incurred as a result of the Defendants' illegal agreement not to compete in the Zetia market, in violation of the state and federal antitrust and consumer-protection law. The Plaintiff alleges in the complaint that the Defendants' anticompetitive agreement injured Plaintiff and the End-Payor Class by causing Zetia end-payor purchasers to pay tens of millions of dollars in unlawful overcharges. Without this agreement, Class members would have been able to buy less- expensive generic ezetimibe instead of branded Zetia from as early as December 6, 2011. Merck & Co., Inc. provides healthcare solutions worldwide. It has collaborations with Pfizer Inc., AstraZeneca PLC, Bayer AG, Eisai Co., Ltd., and IO Biotech. The company was founded in 1891 and is headquartered in Kenilworth, New Jersey. [BN] The Plaintiff is represented by: Daniel E. Gustafson, Esq. Karla M. Gluek, Esq. Michelle J. Looby, Esq. Brittany N. Resch, Esq. GUSTAFSON GLUEK PLLC 220 South Sixth Street #2600 Minneapolis, MN 55402 Telephone: (612) 333-8844 Facsimile: (612) 339-6622 E-mail: dgustafson@gustafsongluek.com kgluek@gustafsongluek.com mlooby@gustafsongluek.com bresch@gustafsongluek.com - and - Kenneth A. Wexler, Esq. Kara A. Elgersma, Esq. Justin N. Boley, Esq. WEXLER WALLACE LLP 55 West Monroe St., Suite 3300 Chicago, IL 60603 Telephone: (312) 346-2222 Facsimile: (312) 346-0022 E-mail: kaw@wexlerwallace.com kae@wexlerwallace.com jnb@wexlerwallace.com MILLENNIUM HEALTH: "Mauthe" Suit Seeks to Certify Class ------------------------------------------------------- In the lawsuit styled ROBERT W. MAUTHE, M.D., P.C., individually and on behalf of all others similarly situated, the Plaintiff, v. MILLENNIUM HEALTH LLC, Case No. 5:18-cv-01903-JFL (E.D. Pa.), the Court moved for entry of an order certifying a class of: "each person or entity that was sent one or more telephone facsimile messages ("faxes") on or after May 7, 2014 from Millennium Health offering a medication monitoring webinar, drug testing webinar, or other webinar." A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=lfYLPrmv The Plaintiff is represented by: Richard Shenkan, Esq. SHENKAN INJURY LAWYERS, LLC P.O. Box 7255 New Castle, PA 16107 Telephone: (412) 716 5800 Facsimile: (888) 769 1774 E-mail: rshenkan@shenkanlaw.com - and - Phillip A. Bock, Esq. BOCK, HATCH, LEWIS & OPPENHEIM, LLC 134 N. La Salle St., Ste. 1000 Chicago, IL 60602 Telephone: (312) 658 5500 Facsimile: (312) 658 5555 E-mail: phil@classlawyers.com MONAT GLOBAL: Hair Care Products Defective, Botallico Claims ------------------------------------------------------------ Kelley Botallico, individually and on behalf of all others similarly situated, Plaintiffs v. Monat Global Corp. and Does 1-10, Defendants, Case No. 37-2018-00016233-CU-FR-CTL (Cal. Super., San Diego Cty., April 2, 2018) alleges that Defendants' sale of their hair care product Monat violated the California False Advertising Act, and Unfair Competition Law. According to the complaint, the haircare products sold and manufactured by the Defendants caused damage to the Plaintiff's hair and scalp, contrary to the results advertised by the Defendants. Monat Global sells consumer goods. The Company sells its products through a network of independent business owners. [BN] The Plaintiffs is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. Meghan E. George, Esq. Thomas E. Wheeler, Esq. LAW OFFICES OF TODD M. FRIEDMAN, PC 21550 Oxnard Street, Suite 780 Woodland Hills, CA 91367 Telephone: (877) 206-4741 Facsimile: (866) 633-0228 E-mail: tfriedman@toddflaw.com abacon@toddflaw.com mgeorge@toddflaw.com twheeler@toddflaw.com MONCLER USA: "Fischler" Suit Says Website Not Blind Accessible -------------------------------------------------------------- Brian Fischler, Individually and on behalf of all other persons similarly situated, Plaintiff, v. Moncler USA, Inc., Moncler USA Retail LLC and YNAP Corporation, Defendants, Case No. 18-cv- 02396, (S.D. N.Y., March 17, 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. Moncler USA, Inc. and Moncler USA Retail LLC own and operate retail stores throughout the United States, including locations 650 Madison Avenue, New York, New York and 90 Prince Street, New York, New York. They sell jackets, trench coats, vests, knitwear, pants, beachwear, accessories, polos and similar items. Moncler also provides a website, www.moncler.com which allows the ability to view their products, make purchases, learn about promotions and information about the Stores locations. Fischler browsed and intended to make an online purchase. However, the Plaintiff is legally blind and claims that the Defendant's website cannot be accessed by the visually-impaired. [BN] Plaintiff is represented by: Douglas B. Lipsky, Esq. Christopher H. Lowe, Esq. LIPSKY LOWE LLP 630 Third Avenue, Fifth Floor New York, NY 10017-6705 Tel: (212) 392-4772 Fax: (212) 444-1030 Email: doug@lipskylowe.com chris@lipskylowe.com MULTI CABLE: Fails to Pay Overtime Pay, "Villalobos" Suit Claims ---------------------------------------------------------------- Mario Villalobos, individually and on behalf of all others similarly situated, Plaintiff v. MultiCable, Inc. and Does 1 through 50, Defendants, Case No. BC700758 (Cal. Super., April 3, 2018) is an action against the Defendants for failure to pay minimum wages, overtime pay, and provide meal and rest periods or compensation in violation of the California Labor Code. Mr. Villalobos was employed by the Defendants as a cable installation field supervisor in California. Multi Cable, Inc. provides cable installation services. The Company offers underground construction, mobile home parks, custom wiring, plenum cable installations, and project maintenance services. Multi Cable serves customers in the State of California. [BN] The Plaintiff is represented by: Kevin Mahoney, Esq. Anna R. Salusky, Esq. Shawn I. Pardo, Esq. MAHONEY LAW GROUP, APC 249 E. Ocean Blvd., Suite 814 Long Beach, CA 90802 Telephone: (562) 590-5550 Facsimile: (562) 590-8400 E-mail: kmahonev@mahonev-law.net asalusky@mahonev-law.net spardo@mahonev-law.net MV TRANSPORTATION: Zapata Seeks Unpaid Overtime Wages under FLSA ---------------------------------------------------------------- JOSUE ZAPATA, individually, and on behalf of others similarly situated, the Plaintiff, v. MV TRANSPORTATION, INC., and MV CONTRACT TRANSPORTATION, INC., the Defendants, Case No. 2:18-cv- 02719 (E.D.N.Y., May 8, 2018), seeks to recover unpaid overtime wages, liquidated damages, and reasonable attorneys' fees and costs as a result of Defendants' willful violations of the Fair Labor Standards Act and the New York Labor Law. The Defendants operate a business providing para transit services for elderly and disabled individuals in the New York City metropolitan area, among other regions in the United States. The Defendants have employed a staff of hourly-paid Drivers, including Plaintiff, at their bus depot in Brooklyn, New York. The Defendants violated the FLSA by failing to pay Drivers for post-shift time spent filling out end-of-shift paperwork. The Defendants also deducted time from Drivers' pay for meal breaks with respect to shifts in which they did not receive any bona fide uninterrupted meal breaks. In addition, Defendants failed to pay Drivers compensation for attending mandatory safety meetings outside their scheduled shifts that were directly related to their jobs. As a result, there were many weeks in which Plaintiff and other Drivers were not paid at any rate (let alone 1.5 of their regular rate of pay) for all their hours worked in excess of 40 hours.[BN] The Plaintiff is represented by: Nicholas R. Conlon, Esq. Jason T. Brown, Esq. JTB LAW GROUP, LLC 155 2nd St., Suite 4 Jersey City, NJ 07302 Telephone: (877) 561 0000 Facsimile: (855) 582 5297 E-mail: nicholasconlon@jtblawgroup.com jtb@jtblawgroup.com MY FIRST STEP: Rochford Seeks Unpaid Minimum Wages & Overtime ------------------------------------------------------------- SHAMEEKA ROCHFORD, on behalf of herself and others similarly situated, the Plaintiff, v. MY FIRST STEP ENRICHMENT PROGRAM 2 INC., MY FIRST STEPS FAMILY DAY CARE, LLC, and TIFFANY DIAZ, the Defendants, Case No. 1:18-cv-04107 (S.D.N.Y., May 8, 2018), seeks to recover unpaid minimum wages, unpaid overtime compensation, liquidated damages, prejudgment and post-judgment interest, and attorneys' fees and costs pursuant to the Fair Labor Standards Act and the New York Labor Law. The Defendants employed Plaintiff to work as a non-exempt day care assistant from on or about February 6, 2017 through on or about April 18, 2018. The work perfo1med by Plaintiff was directly essential to the business operated by Defendants. The Defendants knowingly and willfully failed to pay Plaintiff her lawfully earned minimum wages in direct contravent ion of the FLSA and New York Labor Law.[BN] Attorneys for Plaintiff: Justin Cilenti, Esq. Peter H. Cooper, Esq. CILENTI & COOPER, PLLC 708 Third Avenue 6th Floor New York, NY 10017 Telephone: (212) 209 3933 Facsimile: (212) 209 7102 E-mail: info@jcpclaw.com NATIONAL DISTRIBUTION: Fails to Pay Wages, "Bauders" Suit Says -------------------------------------------------------------- STEWART BAUDERS, individually and on behalf of all others similarly situated, Plaintiff v. NATIONAL DISTRIBUTION CENTERS, LLC; and DOES 1-100, inclusive, Defendants, Case No. BC700671 (Cal. Super., Los Angeles Cty., April 2, 2018) is brought against the Defendants for failure to pay the minimum wage rate and the required overtime premium rate. The Defendants also failed to reimburse business expense, and to produce personnel file and payroll records upon request, in violation of the California Labor Code. Mr. Bauders was employed by the Defendants as a truck driver from December 2015 to June 2017. National Distribution Centers, LLC is a Delaware corporation with principal place of business in New Jersey. [BN] The Plaintiff is represented by: Robert J. Wasserman, Esq. William J. Gorham, Esq. Nicholas J. Scardigli, Esq. John P. Briscoe, Esq. MAYALL HURLEY P.C. 2453 Grand Canal Boulevard Stockton, CA 95207-8253 Telephone: (209) 477-3833 Facsimile: (209) 473-4818 E-mail: rwasserman@mayallaw.com wgorham@mayallaw.com nscardigli@mayallaw.com jbriscoe@mayallaw.com NATURMED INC: Henson Sues over Sale of Dietary Supplements ---------------------------------------------------------- James Henson, individually and on behalf of all others similarly situated, Plaintiff v. Naturmed, Inc., d/b/a Institute for Vibrant Living, Defendant, Case No. 1:18-cv-01102-ELH (D. Md., April 17, 2018) alleges that the Defendant violated the Maryland Consumer Protection Act over the manufacture, distribution and sale of its dietary supplement products. The Plaintiff alleged that the Defendant knew that its dietary supplements contained toxic substances, however, rather than discontinuing the sales of its toxically contaminated dietary supplements and informing consumers that its dietary supplements that had been purchased previously were contaminated by toxic substances, it both remained mute with respect to the dietary supplements that it had already sold and continued to sell its toxically contaminated dietary supplements. NaturMed, Inc., doing business as Institute for Vibrant Living, manufactures natural dietary supplement ingredients. NaturMed, Inc. was founded in 2001 and is based in Camp Verde, Arizona. [BN] The Plaintiff is represented by: Charles H. Edwards IV, Esq. LAW OFFICE OF BARRY R. GLAZER, LLC P.O. Box 27166 1010 Light Street Baltimore, MD 21230 Telephone: (410) 547-8568 Facsimile: (410) 547-0036 E-mail: charles.edwards@robihoodlawyers.com NAVIENT CORPORATION: West Sues over Debt Collection Practices ------------------------------------------------------------- LISA WEST, an individual, on her own behalf and on behalf of all others similarly situated, the Plaintiff, v. NAVIENT CORPORATION, a Delaware corporation, NAVIENT SOLUTIONS, LLC, a Delaware limited liability company, and DOES 1-100, inclusive, the Defendants, Case No. CGC-18-566401 (Cal. Super. Ct., May 8, 2018), seeks to recover statutory damages against Defendants, and in favor of West and other members of the class, consistent with Civil Code section 1788.17 and 15 U.S.C. section l692k(a)(2)(B) and Fair Debt Collection Practices Act. According to the complaint, some or all of the loans which Defendants collect were made under the Federal Family Education Loan Program. West endorsed and guaranteed FFELP loans for her child's education, and Defendants have collected money from her under these loans. In January 2018, Defendants placed various FFELP loans into forbearance based on "the recent natural disasters" in southern California ("January Forbearance"). Defendants communicated to West and other class members that "Interest will accrue during the natural disaster forbearance period. In an effort to provide you relief as a result of the disaster, this interest will not be capitalized." In fact, a close review of Defendants' contemporaneous loan statements reveals that the January Forbearance in fact increased the capitalized interest on West's loans by more than $100. On information and belief, West alleges Defendants increased or sought to increase the capitalized interest for all of the FFELP loans affected by the January Forbearance. The federal Department of Education regulates forbearances on FFELP loans. In particular, Department of Education's regulation required Defendants to affirmatively "provide. The Defendants attempted to collect and collected the additional capitalized interest on FFELP loans without complying with the foregoing provisions of 34 C.F.R. section 682.2ll(e) or (i) Defendants' conduct violated the Rosenthal Act because Defendants were not authorized by the FFELP loans nor permitted by law to add capitalized interest to the FFELP loans in connection with the January Forbearance without complying with 34 C.F.R. Sec. 682.211. Defendants' collection also violated the Rosenthal Act because Defendants used false representations and deceptive means to collect or attempt to collect the additional capitalized interest, in violation of 34 C.F.R. section 682.2. The Plaintiff asserts a claim under Civil Code section 1788 for statutory damages and costs, together with a reasonable attorneys' fee, for herself and a class of consumers who Defendants told that their FFELP loans would "not be capitalized" during any forbearance, but to which Defendants capitalized additional interest during the forbearance. The Defendants collect educational debts regularly and in the ordinary course of their business.[BN] The Plaintiff is represented by: David C. Parisi, Esq. Suzanne Havens Beckman, Esq. PARISI & HAYENS LLP 212 Marine Street Santa Monica, CA 90405 Telephone: (818) 990 1299 Facsimile: (818) 501 7852 E-mail: dcparisi@parisihavens.com shavens@parisihavens.com - and - Ethan Preston, Esq. PRESTON LAW OFFICES 4054 McKinney A venue, Suite 310 Dallas, TX 75204 Telephone: (972) 564 8340 Facsimile: (866) 509 1197 E-mail: ep@eplaw.us NESTLE SA: Omits Info on Microplastics in Pure Life, Baker Claims ----------------------------------------------------------------- CINDY BAKER, on behalf of herself and all other similarly situated v. NESTLE S.A., a Swiss corporation, NESTLE USA, INC., a Delaware corporation, NESTLE WATERS NORTH AMERICA, a Delaware corporation, and DOES 1 through 100, inclusive, Case No. 2:18-cv- 03097 (C.D. Cal., April 12, 2018), alleges that the Defendants' advertising, marketing, packaging, labeling and bottling is misleading, and misrepresents or omits important information to potential purchasers and consumers of Nestle Pure Life Purified bottled water. Ms. Baker asserts that the World Health Organization recently announced that it is launching a review of the potential risks of plastic particles in certain bottled drinking water, including Nestle Pure Life Purified bottled water, after a study found high levels of tiny pieces of plastic in the samples tested. She contends that the study found that Nestle Pure Life Purified bottle drinking water contained various microplastics, including polypropylene, nylon, and polyethylene terephthalate. Nestle S.A. is a Swiss corporation located in Vevey, Switzerland, and doing business throughout the United States, California, including the county of Los Angeles. Nestle USA, Inc., is a Delaware corporation located in Stamford, Connecticut. Nestle Waters North America is a Delaware corporation located in Arlington, Virginia. Nestle S.A., together with its subsidiaries, operates as a food and beverage company. The Company offers baby foods under the Cerelac, Gerber, Gerber Graduates, NaturNes, and Nestum brands; bottled water under the Nestle Pure Life, Perrier, Poland Spring, and S.Pellegrino brands; cereals under the Chocapic, Cini Minis, Cookie Crisp, Estrelitas, Fitness, and Nesquik Cereal brands; and chocolate and confectionery products under the Smarties, Cailler, Butterfinger, Crunch, Aero, KitKat, Nestle Toll House, Wonka, and Orion brands.[BN] The Plaintiff is represented by: Christopher J. Hamner, Esq. Evelina Serafini, Esq. Manu J. Elloie, Esq. HAMNER LAW OFFICES, APLC 5023 Calabasas Parkway Calabasas, CA 91302 Telephone: (818) 876-9631 E-mail: chamner@hamnerlaw.com eserafini@hamnerlaw.com melloie@hamnerlaw.com NEW JERSEY: Atty. General Faces Suit over Right to Speedy Trial --------------------------------------------------------------- Shaheed Brown, individually and on behalf of all others similarly situated, Plaintiff v. Gurbir Grewal, Attorney General of New Jersey; Glenn A. Grant, acting administrator director of AOC; Peter E. Warshaw, presiding criminal judge, Mercer County; and John Doe 1-10, Defendants, Case No. 3:18-cv-05089-PGS-LHG (D.N.J., March 31, 2018) alleges that the delay in the Plaintiff's trial created by the Criminal Justice Reform Act violates the Plaintiff's right to a speedy trial pursuant to the Sixth Amendment of the United States Constitution and the New Jersey State Constitution. According to a May 2, 2018 Order, Defendants have until May 24 to answer complaint. New Jersey is a northeastern U.S. state with some 130 miles of Atlantic coast. Jersey City, across the Hudson River from Lower Manhattan, is the site of Liberty State Park, where ferries embark for nearby Ellis Island, with its historic Immigration Museum, and the iconic Statue of Liberty. The Jersey Shore includes notable resort towns like historic Asbury Park and Cape May, with its preserved Victorian buildings. [BN] The Plaintiffs is represented by: Edward Harrington Heyburn, Esq. 7 Poplar Run East Windsor, NJ 08520 Telephone: (609) 240-5578 NEW YORK, NY: Faces "Torres" Suit in S.D. New York -------------------------------------------------- A class action lawsuit has been filed against the City of New York. The case is captioned as Lissette Torres, individually and on behalf of all others similarly situated, Plaintiff v. City of New York; New York City Police Department; and Jane and John Does, Defendants, Case No. 1:18-cv-03644-LGS (S.D.N.Y., April 24, 2018). The case is assigned to Judge Lorna G. Schofield and referred to Magistrate Judge Katharine H. Parker. The City of New York, often called New York City or simply New York, is the most populous city in the U.S. [BN] The Plaintiff is represented by: Yetta G. Kurland, Esq. THE KURLAND GROUP 160 Broadway-East Building, 11th Floor New York, NY 10038 Telephone: (212) 253-6911 Facsimile: (212) 614-2532 E-mail: kurland@kurlandgroup.com NIAGARA CREDIT: Galvez Disputes Validity of Collection Notice ------------------------------------------------------------- Samantha Galvez, individually and on behalf of all others similarly situated, Plaintiff, v. Niagara Credit Solutions, Inc., Defendant, Case No. 18-cv-02395 (S.D. N.Y., March 16, 2018), seeks damages, attorneys' fees and costs together with other relief for violation of the Fair Debt Collection Practices Act. Plaintiff owes a debt that defaulted and was assigned to Niagara for collection. Defendant contacted Galvez by letter dated November 13, 2017. Though it indicated that the debt was subject to interest, it failed to include any "safe harbor" language concerning the accrual of interest. It also failed to indicate the minimum amount Plaintiff owed at the time of receipt of the letter, including the amount needed to pay to resolve the debt at any given moment in the future to include interest, says the complaint. [BN] Plaintiff is represented by: Craig B. Sanders, Esq. BARSHAY SANDERS, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Tel: (516) 203-7600 Fax: (516) 706-5055 Email: ConsumerRights@BarshaySanders.com NORTHSHORE UNIVERSITY: "Thurman" Hits Biometrics Data Retention --------------------------------------------------------------- Charles Thurman, individually, and on behalf of all others similarly situated, Plaintiff, v. Northshore University Health System, Defendant, Case No. 2018-CH-03544 (Ill. Cir., March 19, 2018), seeks injunctive and equitable relief, statutory damages, reasonable attorneys' fees, costs, and other litigation expenses, prejudgment and post-judgment interest and such other relief for violation of the Illinois Biometric Information Privacy Act. Plaintiff worked at Northshore University as a full-time Director of Security and Public Safety at the Evanston, Illinois. He was required to scan his fingerprint and retina for access to stored materials and restricted areas. Defendant subsequently stored biometric data in their database but has never informed Thurman of the specific limited purposes or length of time they collected, stored, or used his biometric information. [BN] Plaintiff is represented by: Ryan F. Stephan, Esq. James B. Zouras, Esq. Catherine T. Mitchell, Esq. STEPHAN ZOURAS, LLP 205 N. Michigan Avenue, Suite 2560 Chicago, IL 60601 Email: jzouras@stephanzouras.com rstephan@stephanzouras.com cmitchell@stephanzouras.com OASIS POWER: "Abramson" Class Suit Challenges Telemarketing Calls ----------------------------------------------------------------- STEWART ABRAMSON, individually and on behalf of a class of all persons and entities similarly situated v. OASIS POWER, LLC d/b/a OASIS ENERGY, Case No. 2:18-cv-00479-LPL (W.D. Pa., April 12, 2018), alleges that the Defendant made multiple automated telemarketing calls to the Plaintiff's telephone number assigned to a cellular service for the purposes of advertising its goods and services, which is prohibited by the Telephone Consumer Protection Act. Oasis Power, LLC, doing business as Oasis Energy, is a Texas limited liability company that is registered to do business in the state of Pennsylvania. Oasis Energy provides retail energy services to consumers.[BN] The Plaintiff is represented by: Clayton S. Morrow, Esq. MORROW & ARTIM, PC 304 Ross Street, 7th Floor Pittsburgh, PA 15219 Telephone: (412) 281-1250 E-mail: csm@ConsumerLaw365.com - and - Anthony Paronich, Esq. BRODERICK & PARONICH, P.C. 99 High St., Suite 304 Boston, MA 02110 Telephone: (508) 221-1510 E-mail: anthony@broderick-law.com - and - Matthew P. McCue, Esq. THE LAW OFFICE OF MATTHEW P. MCCUE 1 South Ave., Third Floor Natick, MA 01760 Telephone: (508) 655-1415 E-mail: mmccue@massattorneys.net OUTFEST: Fails to Pay Proper Wages, "Woods" Suit Alleges -------------------------------------------------------- LAURIE WOODS, individually and on behalf of all others similarly situated, Plaintiff v. OUTFEST, a California non-profit corporation; and DOES 1 through 50, inclusive, Case No. BC700530 (Cal. Super., Los Angeles Cty., April 2, 2018) is an action against the Defendants for unpaid regular hours, overtime hours, minimum wages, wages for missed meal and rest periods. Ms. Woods was employed by the Defendants as a volunteer employee at the Outfest Los Angeles LGBT Film Festival, on July 10, 2017, for just an 8 hour duration. Outfest is an organization that promotes equality by creating, sharing and protecting LGBT stories on screen. The Company exist to develop and inspire storytellers, to build and affirm community, to promote equality and equity, and to change lives through the power of voices and stories captured in moving image. [BN] The Plaintiff is represented by: Shaun Setareh, 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 - and - Richard Lloyd Sherman, Esq. SHERMAN LAW GROUP 9454 Wilshire Boulevard, Suite 850 Beverly Hills, CA 90212 Telephone: (310) 246-0321 Facsimile: (310) 246-0305 E-mail: Richard@shermanlawgroup.com OVATION CREDIT: "Diggs" Suit Seeks Unpaid Overtime Wages -------------------------------------------------------- Vernon Diggs, individually and on behalf of others similarly situated, Plaintiffs, v. Ovation Credit Services, Inc., Terry D. Cordell and Amy Myers, Defendant, Case No. 17-cv-00367, (M.D. Fla., March 16, 2017), seeks unpaid overtime wages, liquidated damages, compensatory damages, punitive damages, costs and attorneys' fees and prejudgment and post-judgment interest associated with the bringing of this action, plus any additional relief pursuant to the Fair Labor Standards Act. Ovation Credit -- www.ovationcredit.com -- is a credit repair service in Jacksonville FL owned by Cordell where Diggs worked as an inside sales representative. He claims to have worked in excess of 40 hours per work week without being paid overtime. [BN] Plaintiff is represented by: Andrew R. Frisch, Esq. MORGAN & MORGAN, P.A. 600 N. Pine Island Road, Suite 400 Plantation, FL 33324 Telephone: (954) 318-0268 Facsimile: (954) 327-3016 Email: afrisch@forthepeople.com PALATINE, IL: High Court Appeal Sought in Parking Ticket Case ------------------------------------------------------------- Michael Collins has filed a motion asking the U.S. Supreme Court for extension of the time to file a Petition for a Writ of Certiorari. Collins is seeking review by the High Court of the November 16, 2017, ruling by the U.S. Court of Appeals for the Seventh Circuit in the case, Michael COLLINS, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. VILLAGE OF PALATINE, ILLINOIS, Defendant-Appellee, No. 16-3395 (7th Cir.). The Collins case is a successor class action to Senne v. Village of Palatine, Case No. 10-cv-5434 (N.D. Ill.). The Court of Appeals issued its opinion on November 16, 2017 and denied a petition for rehearing en banc on December 13, 2017 (Case no. 16-3395). The Petition was initially due March 13, 2018. Collins requests that the time to file a Petition for a Writ of Certiorari be extended for 30 days to and including April 13, 2018. On a summer day in June 2007, a police officer in the Village of Palatine issued a parking ticket to Michael Collins. When Collins returned to his car later that day, he found the bright yellow ticket under his car's windshield wiper blades. The ticket listed personal information about him, including his name, address, driver's license number, date of birth, sex, height, and weight. Collins claims that the display of his personal information violated the Driver's Privacy Protection Act ("DPPA"), 18 U.S.C. Sections 2721 et seq. So on March 29, 2016, he sued the Village of Palatine on behalf of himself and a proposed class. Ordinarily the long delay in filing suit-almost nine years-would be fatal to his claim; the DPPA's statute of limitations is four years. But the timeliness of Collins's claim is complicated by the earlier filing of a nearly identical class complaint against Palatine. Jason Senne faced a similar ticketing scenario. He left his car illegally parked overnight, and a Palatine police officer placed a parking ticket displaying his personal information on the car's windshield. On August 27, 2010, Senne sued on behalf of himself and all similarly situated individuals alleging that Palatine violated the DPPA. Because the lawsuit was brought as a class action, the filing of the complaint tolled the DPPA's statute of limitations for everyone in the proposed class. Senne's case had a short life in the district court. On September 22, 2010, before Senne filed a motion to certify a class, the district court granted Palatine's motion to dismiss for failure to state a claim. A panel of the Seventh Circuit court affirmed the dismissal, but the full court reheard the case and reversed. See Senne v. Village of Palatine, 695 F.3d 597, 599-600 (7th Cir. 2012) (en banc). On remand Senne moved to certify a class. The district judge heard argument on the motion but deferred ruling, instead inviting Palatine to file a motion for summary judgment. Palatine complied. The judge entered summary judgment for the Village and "terminated" the motion for class certification as moot. See Senne v. Village of Palatine, 6 F.Supp.3d 786, 797 (N.D. Ill. 2013). The Seventh Circuit affirmed, Senne v. Village of Palatine, 784 F.3d 444 (7th Cir. 2015), and on November 2, 2015, the Supreme Court denied certiorari, --- U.S. ----, 136 S.Ct. 419, 193 L.Ed.2d 318 (2015). On the day the Supreme Court denied certiorari, Senne's attorney, Martin Murphy, filed a successor class action on behalf of himself and a proposed class. His complaint was just a placeholder to preserve the class's claims. Murphy later filed this suit naming Collins as the class representative; he then sought voluntary dismissal of his own complaint. Palatine moved to dismiss, arguing that Collins's claim was time- barred because the statute of limitations resumed when the district court dismissed Senne's lawsuit. Collins responded (through Murphy, his counsel) that the dismissal on timeliness grounds was inappropriate at the pleadings stage, and even if procedurally proper, the suit was timely because the limitations period was tolled until the Supreme Court denied Senne's petition for certiorari. He also separately moved to certify a class. The judge agreed with Palatine that Collins's claim was time- barred and granted the motion to dismiss. The judge summarily denied the motion for class certification, apparently on mootness grounds, though he did not give a reason. Another Seventh Circuit appeal followed. According to the Seventh Circuit, the limitations clock on Collins's claim resumed when the Senne class action was dismissed with prejudice prior to class certification. Accordingly, his claim is time-barred. The judgment of the district court is affirmed. The request for extension was filed February 26, 2018. Collins cites these reasons for the extension: 1. This case presents extraordinarily important issues warranting a carefully prepared Petition. 2. The decision of the court of appeals is in direct conflict with the tolling rules announced by the Supreme Court in American Pipe and Crown Cork & Seal, where the High Court held that statute of limitations is tolled for all putative class members from the time a class action is filed until class certification is denied. 3. If the new rule adopted by the Seventh Circuit is correct, then American Pipe, Crown Cork & Seal, and Campbell Ewald Co. v Gomez, were all moot before they reached the Supreme Court, because the statute of limitations would have run out. 4. The Court should grant certiorari because the decision of the Court of Appeals involves an important question and conflicts with the decisions of this Court and other federal Courts of Appeals. 5. Petitioner's counsel has been working with outside counsel with Supreme Court expertise to assist in this case. Additional time is necessary and warranted for that counsel to become familiar with the complicated record below and help frame the issues involved in this matter to narrow the arguments for the Supreme Court. 6. No meaningful prejudice would arise from the extension, as the Supreme Court would hear oral argument and issue its opinion in the October 2018 Term regardless of whether an extension is granted. Palatine is a village in Cook County, Illinois, United States. It is a northwestern residential suburb of Chicago. [BN] The Plaintiff is represented by: Martin J. Murphy, Esq. LAW OFFICE OF MARTIN J. MURPHY 1222 W Arthur Ave. Chicago, IL 60626 Telephone: (312) 933-3200 PILLPACK INC: Turner Sues over Unsolicited Text Messages & Calls ---------------------------------------------------------------- CHRISTINA TURNER, on behalf of herself, and all others similarly situated, the Plaintiff, v. PILLPACK, INC., the Defendant, Case No. 5:18-cv-00066-TBR (W.D. Ky., May 8, 2018), seeks to recover damages, injunctive relief, and any other available legal or equitable remedies, resulting from the illegal actions of Pillpack, Inc., in negligently, and/or willfully contacting Plaintiff through text messages calls on her cellular telephone, in violation of the Telephone Consumer Protection Act, thereby invading her privacy. The Defendant is an online pharmacy that maintains its corporate headquarters at Commercial Street, Unit 2012, Manchester, NH, 03101. In a misguided effort to solicit business, the Defendant routinely contacts potential customers through text messages with automatic telephone dialing equipment. However, the Defendant regularly sends these text message to cellular telephones, without consent, let alone prior express written consent, in violation of the TCPA. The TCPA strictly forbids nuisance text messages exactly like those alleged in this Complaint -- intrusive text messages to private cellular phones, placed to numbers obtained without the prior express consent of the recipients. The Defendant's violations cause Plaintiff and members of the Class of consumers to experience actual harm, including aggravation, nuisance, and invasion of privacy that necessarily accompanies the receipt of unsolicited and harassing text message calls, as well as the violation of their statutory rights. The Plaintiff and members of the Class suffered a concrete injury in fact, whether tangible or intangible, that is directly traceable to Defendant's conduct, and is likely to be redressed by a favorable decision in this action.[BN] Attorneys for Plaintiff: Ronald A. Marron, Esq. Alexis M. Wood, Esq. Kas L. Gallucci, Esq. LAW OFFICES OF RONALD A. MARRON 651 Arroyo Drive San Diego, CA 92103 Telephone: (619) 696 9006 Facsimile: (619) 564 6665 E-mail: alexis@consumersadvocates.com kas@consumersadvocates.com PLANNED FURNITURE: "Danza" Suit Seeks Unpaid Overtime Wages ----------------------------------------------------------- Roberta Danza, individually and on behalf of all others similarly situated, Plaintiff, v. Planned Furniture Promotions, Inc. and Wage Solutions, Inc., Defendants, Case No. 18-cv-03654 (D. N.J., March 16, 2018), seeks to recover unpaid overtime wages, liquidated damages, and reasonable attorneys' fees and costs for violation of the Fair Labor Standards Act, New York Labor Law as well as New Jersey Wage and Hour Laws and Regulations. Planned Furniture is a retail home furnishing promotional specialist which provides liquidation services and conducts sales promotions for furniture retailers where Plaintiff worked as an office supervisor. Defendants improperly classified her as salary-exempt and paid her a fixed salary regardless of how many hours they worked per week, says the complaint. [BN] Plaintiff is represented by: Jason T. Brown, Esq. Nicholas Conlon, Esq. JTB LAW GROUP, LLC 155 2nd Street, Suite 4 Jersey City, NJ 07302 Telephone: (877) 561-0000 Facsimile: (855) JTB-LAWS Email: jtb@jtblawgroup.com nicholasconlon@jtblawgroup.com POLISH AMERICAN: Faces "Schroeder" Suit in E.D. New York -------------------------------------------------------- A class action suit has been filed against The Polish American Political Club of Southampton, N.Y., Inc. The case is captioned as Arlene Schroeder, individually and on behalf of all others similarly situated, Plaintiff v. The Polish American Political Club of Southampton, N.Y., Inc., and 230 Elm LLC, Defendants, Case No. 2:18-cv-02279-ADS-AYS (E.D.N.Y., April 17, 2018). The case is assigned to Judge Arthur D. Spatt and referred to Magistrate Judge Anne Y. Shields.[BN] The Plaintiff is represented by: James E. Bahamonde, Esq. JAMES E. BAHAMONDE, P.C. 2501 Jody Court North Bellmore, NY 11710 Telephone:(646) 290-8258 Facsimile: (646) 435-4376 E-mail: James@civilrightsNY.com PORTFOLIO RECOVERY: Cuccionilli Alleges Wrongful Debt Collection ---------------------------------------------------------------- Peter J Cuccionilli, individually and on behalf of all others similarly situated, Plaintiff v. Portfolio Recovery Associates, LLC and John Does 1-25, Defendants, Case No. 2:18-cv-05029-WJM-MF (D.N.J., March 30, 2018), seeks to stop the Defendants' unfair and unconscionable means to collect a debt. The case is assigned to Judge William J. Martini and referred to Judge Mark Falk. According to a May 1, 2018 Order, Defendants have until May 14 to answer complaint. Portfolio Recovery Associates, LLC, also known as Anchor Receivables Management, manages past-due accounts. It serves customers through account representatives. The company was incorporated in 1996 and is based in Norfolk, Virginia. Portfolio Recovery Associates, LLC operates as a subsidiary of PRA Group, Inc.[BN] The Plaintiff is represented by: Joseph K. Jones, Esq. JONES, WOLF & KAPASI, LLC 375 Passaic Avenue, Suite 100 Fairfield, NJ 07004 Telephone: (973) 227-5900 Facsimile: (973)244-0019 E-mail: jkj@legaljones.com POSTMATES INC: Fails to Pay Minimum Wage, Lee Says -------------------------------------------------- DORA LEE, on behalf of herself and all others 12 similarly situated, the Plaintiff, v. POSTMATES INC., the Defendant, Case No. CGC-18-566394 (Cal. Super. Ct., May 8, 2018), seeks to recover minimum wage under the California Labor Code. This case is brought on behalf of individuals who have worked as Postmates couriers in California. Postmates provides on-demand delivery of food and other merchandise to customers at their homes and businesses through its mobile phone application and website. Postmates is based in San Francisco, California, but it does business across the United States and extensively throughout California. Postmates has willfully misclassified its couriers including Plaintiff Dora Lee, in violation of California Labor Code. Additionally, because of couriers' misclassification as independent contractors, Postmates has unlawfully required couriers to pay business expenses (including expenses to own or lease a vehicle and maintain and fuel it, as well as phone/data expenses) in violation of Labor Code section 2802 and has also failed to pay required minimum wage for all hours worked.[BN] The Plaintiff is represented by: Shannon Liss-Riordan, Esq. LICHTEN & LISS-RIORDAN, P.C. 729 Boylston Street, Suite 2000 Boston, MA 02116 Telephone: (617) 994 5800 Facsimile: (617) 994 5801 E-mail: sliss@llrlaw.com PRINCESS CRUISE: Larsen Sues Over Unpaid Overtime Wages ------------------------------------------------------- Michelle Storm-Larsen, on behalf of himself, all others similarly situated, Plaintiff, v. Princess Cruise Lines Ltd. and Does 1 through 50, inclusive, Defendants, Case No. BC698432 (Cal. Super., March 19, 2018), seeks unpaid overtime wages, statutory penalties for failure to provide accurate wage statements, injunctive relief and other equitable relief, reasonable attorney's fees, costs and interest under California Labor Code, Unfair Competition Law, the federal Fair Labor Standards Act. Princess Cruise Lines is a vacation travel company with offices in Los Angeles County, California where Larsen worked as an hourly-paid non-exempt worker. [BN] Plaintiff is represented by: Dennis F. Moss, Esq. Jeremy F. Bollinger, Esq. Ari E. Moss, Esq. MOSS BOLLINGER LLP 15300 Ventura Blvd., Ste. 207 Sherman Oaks, CA 91403 Telephone: (310) 982-2984 Facsimile: (818) 963-5954 Email: dennis@mossbollinger.com jeremy@mossbollinger.com ari@mossbollinger.com PROCTER & GAMBLE: Underfills Gillete Shave Gel, Fornonda Says ------------------------------------------------------------- IVAN FORNONDA, individually and on behalf of all others similarly situated, Plaintiff v. THE PROCTER & GAMBLE COMPANY; PROCTER & GAMBLE HEALTH PRODUCTS, INC.; and DOES 1 through 50, inclusive, Defendants, Case No. BC700535 (Cal. Super., Los Angeles Cty., April 2, 2018) alleges that the Defendants engaged in a deceptive, unfair and improper business practices with respect to the advertising, composition and packaging of the Defendants' product, the Gillete Fusion ProGlide Sensitive 2-in-1 Shave Gel. According to the complaint, the Defendants' product comes in a 6-ounce container and has non functional slack-fill. The size of the container in comparison to the actual amount of shaving gel released makes it appear to reasonable consumers that they are buying more than what they are actually receiving, in violation of the federal Food Drug & Cosmetic Act. The Procter & Gamble Company provides branded consumer packaged goods to consumers in the United States, Canada, Puerto Rico, Europe, the Asia Pacific, Greater China, Latin America, India, the Middle East, and Africa. The Procter & Gamble Company was founded in 1837 and is based in Cincinnati, Ohio. [BN] The Plaintiff is represented by: Marc Lazo, Esq. WILSON KEADJIAN BROWNDORF, LLP 1900 Main Street, Suite 600 Irvine, CA 92614 Telephone: (888) 690-5557 Facsimile: (949) 234-6254 PROFESSIONAL MEDICAL: $20,000 Settlement Reached in "Sanders" ------------------------------------------------------------- In the lawsuit styled LINDA SANDERS, on behalf of herself and all others similarly situated, the Plaintiff, v. PROFESSIONAL MEDICAL MANAGEMENT, INC. d/b/a FINANCIAL RECOVERIES; and JOHN DOES 1-25, the Defendants, Case No. 2:16-cv-05634-WJM-MF (D.N.J.), the Parties ask the Court to enter an order: 1. certifying proposed Class for settlement purposes; 2. preliminarily approving proposed Class Settlement Agreement; 3. directing notice to be sent to the Class via first class mail; and 4. setting dates for opt-outs, objections, and a hearing under Federal Rule of Civil Procedure 23(c)(2). Under the terms of the Class Action Settlement Agreement and subject to court approval: a. A fund in the amount of $20,000.00 is established for purpose of satisfying the claims of the Class. b. Defendant must pay each Class Member who does not opt out a pro rata share of the $20,000.00 fund. c. Defendant must pay $1,500.00 to the Class Representative for her role in this litigation from the fund. d. Defendant must pay attorney fees and costs in the total amount of $30,000.00. This amount is to be paid in addition to, and not out of, the amounts paid to the Class Representative and the Class Members. e. Defendant shall cause Notice to the Class to be mailed within 30 days after entry of the Preliminary Approval Order. f. Defendant must cause to be mailed to the Class members, by first class mail: (1) the Class Notice and (2) the settlement checks. g. As part of the amount agreed upon by the parties, Defendant shall pay the costs of Notice to Class Members and Administration of the Class Action Settlement. h. To the extent that there are any funds from un-cashed, expired Settlement Checks, an amount equal to the amount of such un-cashed checks must be paid over as a cy pres award to Class Counsel to be distributed to Rutgers' Legal Clinic. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=P6wzBNGX The Plaintiff is represented by: Joseph K. Jones, Esq. JONES, WOLF AND KAPASI, LLC 375 Passaic Avenue, Suite 100 Fairfield, NJ 07004 Attorneys for Defendant: Iram P. Valentin, Esq. KAUFMAN DOLOWICH & VOLUCK, LLP Court Plaza South 21 Main Street, Suite 251 Hackensack, NJ 07601 PROFESSIONAL PLACEMENT: "Untershine" Suit Voluntarily Dismissed --------------------------------------------------------------- A settlement has been reached among the parties in the case, RONALD UNTERSHINE, individually and on behalf of all others similarly situated, Plaintiff v. PROFESSIONAL PLACEMENT SERVICES LLC; and CAPITAL ONE N.A., Defendants, Case No. 2:18-cv-00501-DEJ (E.D. Wis., March 29, 2018), according to a notice dated April 23 in the case. On May 11, the Plaintiff filed a Notice of Voluntary Dismissal. The lawsuit seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Professional Placement Services LLC is a domestic limited liability company with its principal place of business located at 272 North 12th Street, Milwaukee, Wisconsin 53233. The Company is engaged in the business of a collection agency, using the mails and telephone to collect consumer debts originally owed to others. [BN] 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 PROPORTION FOODS: Fails to Pay Proper Wage, "Perez" Suit Says ------------------------------------------------------------- MARIBEL PEREZ, individually and on behalf of all others similarly situated, Plaintiff v. PROPORTION FOODS, LLC; VENSURE HR, INC.; LIBERTY STAFFING USA, LLC; and DOES 1 through 100, inclusive, Defendants, Case No. BC700000 (Cal. Super., Los Angeles Cty., March 29, 2018) is an action against the Defendants for unpaid regular hours, overtime hours, minimum wages, wages for missed meal and rest periods. Ms. Perez was employed by the Defendants as a non-exempt employee. ProPortion Foods, LLC develops, produces, and distributes food products. The company offers beef and chicken burgers; chicken breasts and thighs; meatloaf, meatballs, and beef roasts; and marinated beef, poultry, and pork products. Additionally, it provides consumer trends, menu trends, and competitors review services. ProPortion Foods, LLC was founded in 2009 and is based in Los Angeles, California. [BN] The Plaintiff is represented by: Mehrdad Bokhour, Esq. BOKHOUR LAW GROUP, P.C. 1901 Avenue of the Stars, Suite 450 Los Angeles, CA 90067 Telephone: (310) 975-1493 Facsimile: (310) 300-1705 - and - Michael Nourmand, Esq. THE NOURMAND LAW FIRM, APC 8822 West Olympic Boulevard Beverly Hills, CA 90211 Telephone: (310) 553-3600 Facsimile: (310) 553-3603 PROVIDENCE, RI: Removes "Ricci" Suit to Rhode Island Fed. Court --------------------------------------------------------------- The Defendant in the case of Roberta Ricci; Dachelle L. Threats; Vincent Pizzi; Diane Dinobile; Abigail Torres; John Borden; and North American Auto Leasing, LLC, individually and on behalf of all others similarly situated, Plaintiffs v. City of Providence, by and through its Treasurer, James J. Lombardi, III, Defendant, filed a notice to remove the lawsuit from the Superior Court of Rhode Island, Providence/Bristol County (Case No. PC-2018-1933) to the U.S. District Court for the District of Rhode Island and assigned Case No. 1:18-cv-00171 (D.R.I., March 30, 2018). The complaint alleges eight causes of action and seeks relief under state and federal law including, deprivation of rights and violations of procedural due process under 42 U.S.C. Sec. 1983 and the Fourteenth Amendment to the United States Constitution.[BN] The Defendant is represented by: Angel Taveras, Esq. GREENBERG TRAURIG, LLP 100 Westminster Street, 12th Floor Providence, RI 02903 Telephone: (617) 310-6000 Facsimile: (617) 310-6001 E-mail: taverasa@gtlaw.com PURDUE PHARMA: Asbestos Workers Fund Sues in Massachusetts ---------------------------------------------------------- A class action lawsuit has been filed against Purdue Pharma, L.P. The case is captioned as Asbestos Workers Local 6 Health and Welfare Fund and Massachusetts Bricklayers & Masons Trust Funds, Plaintiff v. Purdue Pharma, L.P.; Purdue Pharma Inc.; The Purdue Frederick Company; Teva Pharmaceutical Industries, Ltd.; Teva Pharmaceuticals USA, Inc.; Cephalon, Inc.; Johnson & Johnson; Janssen Pharmaceuticals, Inc.; Ortho-McNeil-Janssen Pharmaceuticals, Inc.; Endo International PLC, Defendants, Case No. 1:18-cv-10799-WGY (D. Mass., April 24, 2018). The case is assigned to Judge William G. Young. The "Asbestos Workers" suit is a member case in the multi-district litigation proceeding, MDL No. 2804. Purdue Pharma L.P. is engaged in the research, development, production, and distribution of prescription and over-the-counter (prescription and non-prescription) medicines and healthcare products. The company offers a portfolio of medical products in various categories, including prescription opioids, sleep, laxatives, antiseptics, and dietary supplement. It serves healthcare professionals, patients, and caregivers in the United States and internationally. The company has a strategic research collaboration agreement with Exicure Inc. Purdue Pharma L.P. was formerly known as The Purdue Frederick Company and changed its name to Purdue Pharma L.P. in January 1991. The company was founded in 1892 and is based in Stamford, Connecticut. [BN] The Plaintiff is represented by: Evan R. Hoffman, Esq. THORNTON LAW FIRM LLP 30th Floor, 100 Summer Street Boston, MA 02110 Telephone: (617) 720-1333 E-mail: ehoffman@tenlaw.com RECORD REPRODUCTION: "Melagrano" Disputes Data Retrieval Charge --------------------------------------------------------------- Rachel Melagrano, on behalf of herself and all others similarly situated, Plaintiff, v. Record Reproduction Services, Inc., Defendant, Case No. 18-792 (Mass., March 19, 2018), seeks recovery for payments made to Defendants in response to invoices which included unlawful overcharges including equitable relief, enjoining them from continuing the do unlawful overcharging in breach of contract. Record Reproduction Services was engaged in the business of pulling medical records requests on behalf of Massachusetts medical facilities through its office located in Boston, Massachusetts. Melagrano sent a request for her medical records to Excel Orthopaedic Specialists and received an invoice demanding payment of a $22.32 Retrieval Fee, $31.16 Copy Charges and a $5.00 Download Fee, all of which are in excess of the mandated charges. [BN] Plaintiff is represented by: John R. Yasi, Esq. Matthew T. LaMothe, Esq. Forrest, LaMothe, Mazow, McCullough, Yasi & Yasi, P.C. 2 Salem Green, Suite 2 Salem, MA 01970 Tel: (617) 231-7829 Email: jyasi@forrestlamothe.com mlamothe@forrestlamothe.com RIVER STRAND: "Rodriguez" Suit Seeks Overtime Wages under FLSA -------------------------------------------------------------- FREDDY RODRIGUEZ, on his own behalf, and on behalf of all similarly situated individuals, the Plaintiff, v. RIVER STRAND GOLF & COUNTRY CLUB, INC., a Florida not for profit company, the Defendant, Case No. 8:18-cv-01130-VMC-AEP (M.D. Fla., May 8, 2018), seeks to recover complete overtime wages for every hour worked, pursuant to the Fair Labor Standards Act. According to the complaint, the Defendant hires employees to clean and perform other functions necessary for operation of the restaurant. The Plaintiff brings this case to address and correct Defendant's illegal pay practices. The Defendants violated the FLSA by failing to pay Plaintiff overtime wages based on his regular hourly rate for those hours worked in excess of 40 within a work week. The Plaintiff was employed by Defendant in various non-exempt capacities, including as a cook and to perform cleaning services, for approximately two years.[BN] River Strand Golf and Country Club is a golf and luxury-living community in the Greater Sarasota area. Attorney for Plaintiff: Marc R. Edelman, Esq. MORGAN & MORGAN, P.A. 201 North Franklin Street, Suite 700 Tampa, FL 33602 Telephone: (813) 223 5505 Facsimile: (813) 257 0572 E-mail: MEdelman@forthepeople.com RO GALLERY: Rosenzweig Sues over Unsolicited Faxed Advertisements ----------------------------------------------------------------- MONTE ROSENZWEIG and GOLD STANDARD AGENCY, INC., on behalf of plaintiffs and the class members, the Plaintiffs, v. RO GALLERY IMAGE MAKERS, INC., doing business as ROGALLERY.COM, and JOHN DOES 1-10, the Defendants, Case No. 1:18-cv-02736 (E.D.N.Y. Fla., May 8, 2018), seeks to secure redress for the actions of Defendants, in sending or causing the sending of unsolicited advertisements to telephone facsimile machines in violation of the Telephone Consumer Protection Act, and New York General Business Law. The TCPA expressly prohibits unsolicited fax advertising. Unsolicited fax advertising damages the recipients. The recipient is deprived of its paper and ink or toner and the use of its fax machine. The recipient also wastes valuable time it would have spent on something else. On March 28, 2018, plaintiffs received the unsolicited fax advertisement. The Defendants are responsible for sending or causing the sending of the fax. The Defendants as the entity whose products or services were advertised in the fax, derived economic benefit from the sending of the fax. The Defendants either negligently or willfully violated the rights of plaintiff and other recipients in sending the faxes. The Plaintiffs had no prior relationship with defendants and had not authorized the sending of fax advertisements to plaintiff. The Defendant has transmitted similar unsolicited fax advertisements to at least 40 other persons in New York.[BN] The Plaintiff is represented by: Tiffany N. Hardy EDELMAN, COMBS, LATTURNER & GOODWIN, LLC 20 S. Clark Street, Suite 1500 Chicago, IL 60603 Telephone: (312) 739 4200 Facsimile: (312) 419 0379 - and - Adam J. Fishbein, Esq. 735 Central Avenue Woodmere, NY 11598 Telephone: (516) 668 6945 ROSENDIN ELECTRIC: Fails to Pay Proper Wages, "Lopez" Suit Says --------------------------------------------------------------- Jacon Lopez, individually and on behalf of all others similarly situated, Plaintiff v. Rosendin Electric, Inc., and Does 1 through 100, Defendants, Case No. BC702388 (Cal. Super., Los Angeles Cty., April 17, 2018) is an action against the Defendants for unpaid regular hours, overtime hours, minimum wages, wages for missed meal and rest periods. The Plaintiff was employed by the Defendants as an hourly-paid, non-exempt employee, from August 2016 to November 2016. Rosendin Electric, Inc. operates as an electrical contractor in the United States and internationally. It was formerly known as Rosendin Electric Motor Works and changed its name to Rosendin Electric, Inc. in 1953. The company was founded in 1919 and is based in San Jose, California with additional offices in the United States. [BN] The Plaintiff is represented by: Edwin Aiwazian, Esq. LAWYERS for JUSTICE, PC 410 West Arden Avenue, Suite 203 Glendale, CA 91203 Telephone: (818) 265-1020 Facsimile: (818) 265-1021 SAMSUNG ELECTRONICS: Sued by Bronson over Defective Plasma TV ------------------------------------------------------------- A class action lawsuit has been filed against Samsung Electronics America, Inc. The case is captioned as Alexis Bronson, individually and on behalf of all others similarly situated, Plaintiff v. Samsung Electronics America, Inc., and Samsung Electronics Co., Ltd., Defendants, Case No. 4:18-cv-2300-WHA (N.D. Cal., April 17, 2018). The Plaintiff alleges in the complaint that through a common and uniform course of conduct, Samsung manufactured, supplied, promoted, and sold Samsung plasma televisions when it knew or should have known that these televisions would fail prematurely. The televisions are defective in that they contain ill-suited, under-graded and/or inadequate internal components, including capacitors, which prematurely fail during normal operation of the televisions. The condition of the Samsung plasma televisions at the time of delivery results in the premature failure of the televisions. These failures occur well before the end of their expected useful life, and render the televisions unsuitable for their principal and intended purpose. Samsung Electronics America, Inc. supplies consumer electronics and digital products in the United States. Samsung Electronics America, Inc. has strategic alliances with Telkonet Inc.; Medtronic plc; and Red Hat, Inc. The company was incorporated in 1978 and is headquartered in Ridgefield Park, New Jersey. Samsung Electronics America, Inc. operates as a subsidiary of Samsung Electronics Co. Ltd. [BN] The Plaintiff is represented by: Alan J. Sherwood, Esq. LAW OFFICES OF ALAN J. SHERWOOD 26755 Contessa Street Hayward, CA 94545 Telephone: (510) 409-6199 E-mail: alansherwood@earthlink.net SAN DIEGO: Faces "Jones" Suit in California ------------------------------------------- WYATT JONES & EVERETT JONES, minors, and all others similarly situated, by and through their Guardian ad litem, GAVIN JONES, and GAVIN JONES, Plaintiffs v. COUNTY OF SAN DIEGO; COUNTY OF SAN DIEGO HEALTH AND HUMAN SERVICES AGENCY; CHILD WELFARE SERVICES; SPSW DAVID JENNINGS; PSS DENNIS LEGGETT, and DOES 1-100., Defendants, Case No. 37-2018-00020897-CU-MC-CTL (Cal. Super., April 24, 2018) alleges that the Defendants conspire to harm and deny the Plaintiffs' their rights and privileges by detaining them. According to the complaint, the Defendants detained the Plaintiffs, who are minors, with the knowledge that the Plaintiffs' Father had not failed to protect his children and all his actions with said children were justified. The lawsuit says the Defendants required the Plaintiffs' Father to sign a CWS Safety Plan, to participate and complete certain programs, thus creating an economic hardship for the Plaintiffs' Father. The Plaintiffs' ability to be returned to their Father and visitation with their Father was impaired and prevented by the actions of the Defendants. San Diego County, California, is a county in the southwestern corner of the state of California, in the United States. [BN] The Plaintiff is represented by: Stanley J Bacinett, Esq. BACINETT LAW OFFICES, PC 4752 Palm Avenue La Mesa, CA 91942 Telephone: (619)667-4000 Facsimile: (619)667-4580 SELECT EMPLOYMENT: Underpays Nursing Supervisors, Romero Claims --------------------------------------------------------------- Elsie Romero, individually and on behalf of all others similarly situated, Plaintiff v. Select Employment Services, Inc.; California Rehabilitation Institute, LLC; Select Medical Corporation; and Does 1 through 50, Defendants, Case No. BC700200 (Cal. Super., Los Angeles Cty., April 2, 2018) is an action against the Defendants for unpaid regular hours, overtime hours, minimum wages, wages for missed meal and rest periods. Ms. Romero was employed by the Defendants as a nursing supervisor at the Defendants' facility in Los Angeles, California, until February 2017. Select Employment Services Inc is based in Mechanicsburg, Pennsylvania. Select Employment Services Inc operates as a subsidiary of Select Medical Corporation. [BN] The Plaintiff is represented by: Matthew J. Matern, Esq. Launa Adolph, Esq. MATERN LAW GROUP, PC 1230 Rosecrans Avenue, Suite 200 Manhattan Beach, CA 90266 Telephone: (310) 531-1900 Facsimile: (310) 531-1901 SENTINEL TRANSPORTATION: Fails to Pay Proper Wages, "Lopez" Says ---------------------------------------------------------------- Gina Lopez, individually and on behalf of all others similarly situated, Plaintiff v. Sentinel Transportation, LLC, and Does 1 to 100, Defendants, Case No. BC702176 (Cal. Super., April 17, 2018) is an action against the Defendants for unpaid regular hours, overtime hours, minimum wages, wages for missed meal and rest periods. Ms. Lopez was employed by the Defendants as a dispatcher from December 2016 to April 2018. Sentinel Transportation LLC provides transportation and logistical services for Chemours and Phillips 66 companies. It transports various chemicals and petroleum products through tankers, containers, vans, flatbeds, and a large fleet of specialized service vehicles in the United States and Canada. The company was founded in 1996 and is based in Wilmington, Delaware. It has terminal locations in Alabama, California, Georgia, Illinois, Kentucky, Louisiana, Michigan, Montana, Nevada, New Jersey, New Mexico, North Carolina, Oklahoma, Oregon, Texas, Virginia, Washington, and West Virginia. Sentinel Transportation LLC operates as a subsidiary of Phillips 66.[BN] The Plaintiff is represented by: Gene M. Ramos, Esq. THE LAW OFFICES OF GENE M. RAMOS 8383 Wilshire Boulevard, Suite 970 Beverly Hills, CA 90211 Telephone: (323) 857-0444 Facsimile: (323) 857-6644 Email: gene@gmrlawgroup.com SEVEN-ONE-SEVEN: Bodie Seeks to Certify Class of Valet Parkers -------------------------------------------------------------- In the lawsuit styled MARCUS BODIE, on behalf of himself and all others similarly situated, the Plaintiff, v. SEVEN-ONE-SEVEN PARKING SERVICES, INC., the Defendant, Case No. 8:18-cv-00986- SDM-CPT (M.D. Fla.), the Plaintiff asks the Court for an order: 1. conditionally certifying a Florida class of: "all current and former valet parkers who worked for Defendant at a hospital in Florida from April 24, 2015 through the present who believe they were not paid minimum wage for all hours worked during their employment with Defendant"; 2. directing Defendant to produce, in an electronic readable format, to the undersigned counsel within 14 days of the Order granting this Motion a list containing the full names, last known addresses, telephone numbers, and e-mail addresses of putative class members who worked for Defendant for the three years preceding the filing of Plaintiff's Complaint and the present who fits the class- defined parameters; 3. authorizing the undersigned counsel to send initial notice, to all individuals whose names appear on the list produced by the Defendant's counsel by first-class mail; 4. directing Defendant to post at all of its business locations located a copy of the initial notice; 5. authorizing the undersigned counsel to send a follow-up notice to all individuals whose names appear on the list produced by the Defendant's counsel but who, by the 14th day prior to the close of the Court-approved notice period, have yet to opt in to the instant action; and 6. providing all individuals whose names appear on the list produced by Defendant's counsel a total of 90 days from the date the notices are initially mailed to file a Consent to Become Opt-In Plaintiff form. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=8a0Zra2J The Plaintiff is represented by: Matthew K. Fenton, Esq. Brandon J. Hill, Esq. Christopher J. Saba, Esq. WENZEL FENTON CABASSA, P.A. 1110 North Florida Avenue, Suite 300 Tampa, FL 33602 Telephone: (813) 224 0431 Facsimile: (813) 229 8712 E-mail: mfenton@wfclaw.com tsoriano@wfclaw.com bhill@wfclaw.com jcornell@wfclaw.com csaba@wfclaw.com SHARK RECOVERY: "Rivera" Suit Seeks to Recover Unpaid Overtime -------------------------------------------------------------- Amanda Rivera, Individually and on behalf of all others similarly situated, Plaintiff, v. Shark Recovery, Inc. and Paul A. Brown, Defendants, Case No. 18-cv-00253 (W.D. Tex., March 19, 2018), seeks all available relief, including compensation, liquidated damages, attorneys' fees and costs, pursuant to the Fair Labor Standards Act and Texas common law. Shark operates a private property impound and repossession service in San Antonio, Texas where Rivera worked as a tow truck driver/operator. She claims to have worked more than 70 hours per week without overtime pay. [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 SKY'S GOURMET: Fails to Pay Wages, "Hudson" Suit Alleges -------------------------------------------------------- Danielle Hudson, individually and on behalf of all others similarly situated, Plaintiff v. Sky's Gourmet Market Place; Barbara Burrell; and Does 1 through 25, Defendants, Case No. BC700541 (Cal. Super., April 3, 2018) is brought against the Defendants for failure to furnish the Plaintiff and the class members accurate, itemized wage statements upon payment of wages in violation of the California Labor Code. The Plaintiff Hudson was employed by the Defendants as cashier and food server, from August 21, 2017 to October 3, 2017. Sky's Gourmet Market Place is a California corporation conducting business in the County of Los Angeles, State of California. [BN] The Plaintiff is represented by: Young W. Ryu, Esq. Jesse Yanco, Esq. Jordan T. Wada, Esq. LOYR, APC 3130 Wilshire Blvd., Suite 402 Los Angeles, CA 90010 Telephone: (888) 365-8686 Facsimile: (800) 576-1170 E-mail: young.ryu@loywr.com jesse.yanco@loywr.com Jordan.wada@loywr.com SMITH MANAGEMENT: Fails to Pay OT Compensation, Thompson Says ------------------------------------------------------------- SCOTT THOMPSON 5536 Shafer Road, Unit B Warren, OH 44481 on behalf of himself and all others similarly situated, the Plaintiff, v. SMITH MANAGEMENT AND CONSULTING, LLC c/o Statutory Agent Northwest Registered Agent Service, Inc. 6545 Market Avenue, Suite 100 North Canton, Ohio 44721, the Defendant, Case No. 2:18-cv-00452-MHW-CMV (S.D. Ohio, May 8, 2018), seeks to recover overtime compensation under the Fair Labor Standards Act. This is a collective action instituted by Plaintiff as a result of Defendant's practices and policies of misclassifying its employees as independent contractors and failing to pay them overtime compensation at the rate of one and one-half times their regular rate of pay for the hours they worked over 40 each workweek, in violation of the Fair Labor Standards Act. The Defendant is an oilfield services company that provides services for drilling and completing operations. The Plaintiff was employed by Defendant as a technician in Ohio, including Jefferson County, between November 2016 and March 2018. Other similarly-situated individuals were employed by Defendant as technicians. The Plaintiff and other similarly-situated technicians were classified by Defendant as independent contractors and were paid a day rate. The Plaintiff and other similarly-situated technicians were improperly classified by Defendant as independent contractors.[BN] The Plaintiff is represented by: Anthony J. Lazzaro, Esq. Chastity L. Christy, Esq. Lori M. Griffin, Esq. THE LAZZARO LAW FIRM, LLC 920 Rockefeller Building 614 W. Superior Avenue Cleveland, Ohio 44113 Telephone: (216) 696 5000 Facsimile: (216) 696 7005 E-mail: chastity@lazzarolawfirm.com anthony@lazzarolawfirm.com lori@lazzarolawfirm.com SPREEMO INC: Mauthe Seeks to Certify Class in TCPA Suit ------------------------------------------------------- In the lawsuit styled ROBERT W. MAUTHE, M.D., P.C., a Pennsylvania corporation, individually and as the representative of a class of similarly-situated persons, the Plaintiff, v. SPREEMO, INC. and THE HARTFORD FINANCIAL SERVICES GROUP, the Defendants, Case No. 5:18-cv-01902-LS (E.D. Pa.), the Plaintiff moves for entry of an order certifying a class of: "each person or entity that was sent one or more telephone facsimile messages ("faxes") on or after May 7, 2014 offering Spreemo's diagnostic vending services for The Hartford patients." A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=nwDCK6EO The Plaintiff is represented by: Richard Shenkan, Esq. SHENKAN INJURY LAWYERS, LLC P.O. Box 7255 New Castle, PA 16170 Telephone: (412) 716 5800 Facsimile: (888) 769 1774 E-mail: rshenkan@shenkanlaw.com - and - Philip A. Bock, Esq. BOCK, HATCH LEWIS & OPPENHEIM, LLC 134 N. La Salle St. Ste 1000 Chicago, IL 60602 Telephone: (313) 658 5500 Facsimile: (312) 658 5555 E-mail: phil@classlawyers.com STATE COLLECTION: Bahr Sues over Debt Collection Practices ---------------------------------------------------------- Matthew Bahr, individually and on behalf of all others similarly situated, Plaintiff v. State Collection Service, Inc., Defendant, Case No. 1:18-cv-02910 (N.D. Ill., April 24, 2018), alleges violation of the Fair Debt Collection Act. The case is assigned to the Honorable Sara L. Ellis. State Collection Service, Inc. provides collection services, such as third-party payer follow up, self-pay follow up, financial assistance, and bad debt collection to healthcare industry. The company was founded in 1949 and is headquartered in Madison, Wisconsin with additional offices in Beloit and Milwaukee, Wisconsin; and Chicago, Illinois. [BN] The Plaintiff is represented by: Stacy Michelle Bardo, Esq. BARDO LAW, P.C. 22 West Washington Street, Suite 1500 Chicago, IL 60602 Telephone: (312) 219-6980 E-mail: stacy@bardolawpc.com - and - Bryan Paul Thompson, Esq. CHICAGO CONSUMER LAW CENTER, P.C. 111 W. Washington St., Suite 1360 Chicago, IL 60602 Telephone: (312) 858-3239 E-mail: bryan.thompson@cclc-law.com - and - Robert W. Harrer, Esq. CHICAGO CONSUMER LAW CENTER, P.C. 111 W. Washington St., Suite 1360 Chicago, IL 60602 Telephone: (312) 858-3238 E-mail: rob.harrer@cclc-law.com TARGET CORPORATION: Sued by Day over Starbucks Account ------------------------------------------------------ ROY A. DAY, on behalf of himself and all others similarly situated, Plaintiff v. TARGET CORPORATION, BRIAN C. CORNELL, STARBUCKS CORPORATION, and JANDE DOE, Case No. 27-cv-18-5152 (Min. Dist., Hennepin Cty., March 29, 2018) alleges that Starbucks's consumers are denied a fair and equitable deposit to their Starbuck's account, specifically when the Defendants misleadingly and deceptively deposit a fraudulent amount to a Starbucks's consumers' account and subsequently issues a misleading and deceptive receipt, in violation of the various State Fraud Statutes, including the State of Minnesota, and the State of Florida. The complaint further states that the Defendants orchestrated a scam to alter database files as associated with database fields so the algorithm used provides the Defendants the opportunity to embezzle a Starbucks's consumer, making a deposit to a Starbucks' consumer account. Target Corporation operates as a general merchandise retailer in the United States. In addition, the company offers in-store amenities, which comprise Target Cafe, Target Optical, Starbucks, and other food service offerings. It sells its products through its stores; and digital channels, including Target.com. As of March 8, 2018, the company operated 1,826 stores. Target Corporation was founded in 1902 and is headquartered in Minneapolis, Minnesota. [BN] The Plaintiff is represented pro se. THORATEC CORP: Court Certifies Class of Common Stock Purchasers --------------------------------------------------------------- In the lawsuit styled BRADLEY COOPER, Individually and on Behalf of all Others Similarly Situated; and TODD LABAK, the Plaintiffs, v. THORATEC CORPORATION; GERALD F. BURBACH; TAYLOR C. HARRIS; and DAVID SMITH, the Defendants, Case No. 4:14-cv-00360-CW (N.D. Cal.), the Hon. Judge Claudia Wilken entered an order certifying a class of: "all persons or entities that purchased or otherwise acquired the common stock of Thoratec Corporation between May 11, 2011 and August 6, 2014, both dates inclusive. Excluded from the Class are any parties who are or have been Defendants in this litigation, the present and former officers and directors of Thoratec and any subsidiary thereof, members of their immediate families and their legal representatives, heirs, successors or assigns and any entity in which any current or former Defendant has or had a controlling interest." The Court said, "Plaintiffs argue that damages can be calculated through an event study like that provided by their expert, Dr. Nye, which quantifies Thoratec's per share price decline upon disclosure of the fraud. Indeed, "[t]he event study method is an accepted method for the evaluation of materiality damages to a class of stockholders in a defendant corporation." In re Diamond Foods, Inc. Sec. Litig., 295 F.R.D. 240, 251 (N.D. Cal. 2013) (citing In re Imperial Credit Indus., Inc. Sec. Litig., 252 F. Supp. 2d 1005, 1014 (C.D. Cal. 2003)). The Defendants argue that this methodology is insufficient because it fails to take into consideration what Defendants characterize as competing sets of misrepresentations. For the same reasons that the Court rejected Defendants' arguments regarding the November 27, 2013 publication date, this argument too fails. The Court concludes that Plaintiffs have sufficiently shown, at this stage, that damages are capable of measurement on a classwide basis. For these reasons, Plaintiffs have satisfied Rule 23(b)(3)'s requirements." A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=NElK1K9x TWIN HILL: Onody et al. Sue over Health Risk in Uniforms -------------------------------------------------------- JULIETTE ONODY, CONSTANCE GERMOND MCCORD, TIMOTHY R. AKERS, JULIE BURKE, PATRICIA BEHNKE, EDWARD J. BURKE, STEPHEN WEIGEL, DORA A. BROWN BRANCH, SOAD HAMDAN, VICKIE ISAAC, DEMETRIA ANDERSON, KEITH MAGINN, JUDITH J. DRAKE, DESIREE WEBBER-VAN BOXTEL, CHRISTINA NYAKAS, CHRISTINA H. ENDICOTT, SHERYL KELLY, SCOTT J. AUSTIN, MIN LI, CARLA J. PATTERSON, BOBBI GORDON, and CARRIE BEAN on behalf of themselves and on behalf of all others similarly situated, Plaintiffs v. TWIN HILL ACQUISITION COMPANY, INC., AMERICAN AIRLINES GROUP INC., AMERICAN AIRLINES, INC., PSA AIRLINES, INC., and ENVOY AIR INC., Defendants, Case No. 1:18-cv-02303 (N.D. Ill., March 29, 2018) is an action for personal injury damages, and seek injunctive and equitable relief, including a medical monitoring fund, on behalf of all American Airlines employees who have worn or been exposed to Defendant Twin Hill's uniforms since September 2016. The complaint alleged that these uniforms manufactured by Defendant Twin Hill pose an unreasonable risk of physical harm, including current and future serious health problems to those who wear them and to those who are near to or work in the close quarters of an airplane with those who are wearing the uniforms. Twin Hill Acquisition Company, Inc. is a California corporation with its corporate headquarters located in Texas. Twin Hill operates under the name Twin Hill and Twin Hill Corporate Apparel. Twin Hill is wholly owned by The Men's Wearhouse, Inc. [BN] The Plaintiff is represented by: Todd L. McLawhorn, Esq. Stewart M. Weltman, Esq. Michael Chang, Esq. SIPRUT PC 17 North State Street, Suite 1600 Chicago, IL 60602 Telephone: 312.236.0000 Facsimile: 312.754.9616 E-mail: tmclawhorn@siprut.com sweltman@siprut.com mchang@siprut.com UNITED HEALTHCARE: Hill and Hack Seek to Certify Class ------------------------------------------------------ In the lawsuit styled JENEE HILL and BYRON HACK, on behalf of herself and all others similarly situated, Plaintiffs, v. UNITEDHEALTH GROUP INC.; UNITED HEALTHCARE SERVICES INC.; and UNITEDHEALTHCARE INSURANCE COMPANY, Case No. 8:15-cv-00526-DOC- KES (C.D. Cal.), Mr. Bryon Hack will move the Court for an order on July 16, 2018: 1. certifying a class of: "all persons covered under health plans insured or administered by UnitedHealth Group, Inc., through its wholly-owned or controlled subsidiaries, including UnitedHealthCare Insurance Company and United HealthCare Services, Inc., issued to private employers, whose requests for lumbar artificial disc replacement surgery were denied at any time within the applicable statute of limitations, or whose requests for that surgery will be denied in the future, on the ground that lumbar artificial disc replacement is "Unproven." Excluded from this Class are persons who are members of the de novo class certified in Hill v. UnitedHealthCare Insurance Company, Case No. SACV15-00526 DOC (RNBx)"; 2. In the alternative, certifying subclasses: "all persons covered under self-funded health plans administered by UnitedHealth Group, Inc., through its wholly-owned or controlled subsidiaries, including UnitedHealthCare Insurance Company and United HealthCare Services, Inc., issued to private employers, whose requests for lumbar artificial disc replacement surgery were denied at any time within the applicable statute of limitations, or whose requests for that surgery will be denied in the future, on the ground that lumbar artificial disc replacement is "Unproven." Excluded from this Class are persons who are members of the de novo class certified in Hill v. UnitedHealthCare Insurance Company, Case No. SACV15-00526 DOC (RNBx)"; and "all persons covered under fully insured health plans insured or administered by UnitedHealth Group, Inc., through its wholly-owned or controlled subsidiaries, including UnitedHealthCare Insurance Company and United HealthCare Services, Inc., issued to private employers, whose requests for lumbar artificial disc replacement surgery were denied at any time within the applicable statute of limitations, or whose requests for that surgery will be denied in the future, on the ground that lumbar artificial disc replacement is "Unproven." Excluded from this Class are persons who are members of the de novo class certified in Hill v. UnitedHealthCare Insurance Company, Case No. SACV15-00526 DOC (RNBx)"; and 3. appointing himself as class representative and appointing his counsel as Class Counsel. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=t6tMvDlZ Attorneys for Plaintiffs: Robert S. Gianelli, Esq. Joshua S. Davis, Esq. Adrian J. Barrio, Esq. GIANELLI & MORRIS 550 South Hope Street, Suite 1645 Los Angeles, CA 90071 Telephone: (213) 489 1600 Facsimile: (213) 489 1611 E-mail: rob.gianelli@gmlawyers.com joshua.davis@gmlawyers.com adrian.barrio@gmlawyers.com - and - Glenn R. Kantor, Esq. KANTOR & KANTOR LLP 19839 Nordhoff Street Northridge, CA 91324 Telephone: (818) 886 2525 Facsimile: (818) 350 6272 E-mail: gkantor@kantorlaw.net trozelle@kantorlaw.net UNITED STATES: Faces Blue Cross Suit over Health Care Plan ---------------------------------------------------------- BLUE CROSS AND BLUE SHIELD OF NEBRASKA; AND HAWAI'I MEDICAL SERVICE ASSOCIATION, individually and on behalf of all others similarly situated, Plaintiffs v. THE UNITED STATES OF AMERICA, Defendant, Case No. 18-491C (Fed. Cl., April 3, 2018) alleges failure of the Defendant to live up to its obligations under the Patient Protection and Affordable Care Act. According to the complaint, the Patient Protection and Affordable Care Act was passed by Congress in 2010 and made sweeping changes in the U. S. health insurance market, many of which went into effect in 2014. The law creates "Exchanges" on which individual and small group health insurance are sold; the law eliminates insurers' ability to deny coverage for sick individuals or charge higher rates based on an individual's health condition; the law also requires health insurers to cover certain types of benefits; and, the law contains other reforms designed to increase significantly the number of individuals with health insurance. The United States of America (USA), commonly known as the United States (U.S.) or America, is a federal republic composed of 50 states, a federal district, five major self-governing territories, and various possessions. [BN] The Plaintiff is represented by: Adam P. Feinberg, Esq. MILLER & CHEVALIER CHARTERED 900 Sixteenth Street, N.W. Washington, D.C. 20006-2901 Telephone: (202) 626-5800 Facsimile: (202) 626-5801 Email: afeinberg@milchev.com - and - Anthony F. Shelley, Esq. Dwight B. N. Pope, Esq. MILLER & CHEVALIER CHARTERED 900 Sixteenth Street, N.W. Washington, D.C. 20006-2901 Telephone: (202) 626-5800 Facsimile: (202) 626-5801 Email: ashelley@milchev.com dpope@milchev.com US GEOTHERMAL: "Erkel" Suit Seeks to Halt Sale to Ormat Tech ------------------------------------------------------------ Edward Erkel, on behalf of himself and all others similarly situated, Plaintiff, v. U.S. Geothermal Inc., Douglas J. Glaspey, Ali G. Hedayat, Randolph J. Hill, Paul A. Larkin, Leland L. Mink, James C. Pappas, John H. Walker, Ormat Nevada Inc., OGP Holding Corp. and Ormat Technologies, Inc., Defendants, Case No. 18-cv- 00127 (D. Idaho, March 16, 2018), seeks to enjoin defendants and all persons acting in concert with them, from proceeding with, consummating or closing the acquisition of U.S. Geothermal by Ormat Technologies, Inc., Ormat Nevada Inc., Ormat Technologies and OGP Holding Corp.; rescinding it in the event defendants consummate the merger; rescissory damages; costs of this action, including reasonable allowance for plaintiff's attorneys' and experts' fees; and such other and further relief under the Securities Exchange Act of 1934. The Plaintiff says U.S. Geothermal stockholders will receive only $5.45 in cash for each share of U.S. Geothermal common stock that they own. Moreover, the proxy statement failed to disclose the financial compensation and potential conflicts interest of U.S. Geothermal's financial advisor, ROTH Capital Partners, LLC, certain nondisclosure agreements executed during the sales process and the details surrounding conflicts of interest faced by Director Pappas, who was one of the primary negotiators of the Proposed Buyout. U.S. Geothermal is a renewable energy company focused on the development, production, and sale of electricity from geothermal energy. James C. Pappas has served as a director of the company since October 2016. Ormat Technologies designs, develops, builds, owns, and operates geothermal and recovered energy-based power plants. Its operations are located in Israel and its common stock trades on the NYSE and Israeli stock exchange. [BN] Plaintiff is represented by: Shane T. Rowley, Esq. Danielle Rowland Lindahl, Esq. ROWLEY LAW PLLC 50 Main Street, Suite 1000 White Plains, NY 10606 Tel: (914) 400-1920 Fax: (914) 301-3514 Email: info@rowleylawpllc.com - and - John W. Kluksdal, Esq. HEPWORTH HOLZER, LLP 537 W. Bannock Street, Ste. 200 P.O. Box 2582 Boise, ID 83701-2582 Telephone: (208) 343-7510 Fax No. (208) 342-2927 Email: jkluksdal@hepworthholzer.com WAN SANG CHOW: "Du" Suit Seeks OT Pay, Damages Under FLSA --------------------------------------------------------- Jipeng Du, individually and on behalf of all others similarly situated, Plaintiff, v. Wan Sang Chow, as shareholders and corporate officers, and Sun Rise Chinese Food Inc., Defendants, Case No. 18-cv-01692 (E.D. N.Y., March 18, 2018), seeks unpaid overtime wages, reimbursement of out-of-pocket costs and expenses of purchasing, maintaining, repairing and keeping the Plaintiff's motor vehicles or any other trade tools in working condition, liquidated damages, post-judgment interest and costs, expenses and attorneys' fees pursuant to the Fair Labor Standards Act and New York Labor Law including unpaid spread-of-hours and redress for failure to provide a time of hire notice detailing rates of pay and payday and wage statements pursuant to New York Labor Codes and New York Wage Theft Prevention Act. Wan Sang Chow and Sun Rise Chinese Food Inc. own and operate a Chinese Restaurant located at 683 A Glen Cove Avenue, Glen Head, New York 11545 where Jipeng Du was employed from September 25, 2013 to September 30, 2017 as a deliveryman. [BN] Plaintiff is represented by: David Yan, Esq. Law Offices of David Yan 136-20 38th Avenue, Suite 11E Flushing, NY 11354 Tel: (718) 888-7788 WORLD WIDE MEDICAL: Answer to "Wieseler-Myers" Suit Due May 14 -------------------------------------------------------------- CATHERINE WIESELER-MYERS, individually and on behalf of all other similarly situated, Plaintiff v. WORLD WIDE MEDICAL SERVICES, INC., Defendant, Case No. 8:18-cv-00756-RAL-AAS (M.D. Fla., March 29, 2018) alleges that the Defendant has made unsolicited calls in violation of the Telephone Consumer Protection Act. The Plaintiff alleged in the complaint that the Defendant routinely sends unconsented text messages to mobile phone numbers in order to solicit customers for its home security business. Judge Richard A. Lazzara entered an order dated April 23 extending the time to answer or respond to the Complaint on or before May 14. World Wide Medical Services, Inc. is a Florida corporation engaged in the business of selling medical devices and does business worldwide. [BN] The Plaintiff is represented by: Andrew J. Shamis, Esq. SHAMIS & GENTILE, P.A. 14 NE 1st Ave., Suite 400 Miami, FL 33132 Telephone: (305) 479-2299 Facsimile: (786) 623-0915 - and - Michael Aschenbrener, Esq. KAMBER LAW, LLC 201 Milwaukee St., Suite 201 Denver, CO 80206 Telephone: (212) 920-3072 E-mail: masch@kamberlaw.com YASO HOSPITALITY: Denied Kitchen Staff OT Pay, Says "Zheng" Suit ---------------------------------------------------------------- Yuzhen Zheng and Wai Chan, individually and on behalf of all other employees similarly situated, Plaintiff, v. Yaso Hospitality Group LLC, Ye Zhang, and Zhangxin Tu, Defendants, Case No. 18-cv-01710 (E.D. N.Y., March 19, 2018), seeks unpaid overtime compensation, unpaid "spread-of-hours" premium, compensation for failure to provide wage notice at the time of hiring and failure to provide paystubs, liquidated damages, prejudgment and post-judgment interest and attorneys' fees and costs pursuant to the Fair Labor Standards Act and New York Labor Law. Zheng was hired by Defendants as a cook at Defendants' restaurant, "Yaso Tangbao" at 148 Lawrence St., Brooklyn, NY 11201 while Chan worked as a kitchen aid. [BN] Plaintiff is represented by: Lian Zhu, Esq. HANG & ASSOCIATES, PLLC 136-20 38th Avenue, Suite 10G Flushing, NY 11354 Tel: (718)353-8588 Email: lzhu@hanglaw.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. 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