/raid1/www/Hosts/bankrupt/CAR_Public/180611.mbx
C L A S S A C T I O N R E P O R T E R
Monday, June 11, 2018, Vol. 20, No. 116
Headlines
3M COMPANY: Anderson et al. Sue over Water Contamination
ABLE HEALTH CARE: Underpays Home Health Aid, "Cedeno" Suit Says
ABM INDUSTRIES: Removes "Wade" Suit to N.D. Illinois
ADAMS AND ASSOCIATES: Foster Sues over Violation of ERISA
AEROHIVE NETWORKS: Bid to Consolidated 3 Class Suits Underway
AGENTOLOGY INC: Has Made Unsolicited Calls, "Buu" Suit Claims
AGENTRA LLC: Made Unsolicited Calls, "Abramson" Suit Alleges
AIR SERV: Fails to Pay Proper Wages, "Gordon" Suit Alleges
ALLEGIANT AIR: Removes "Basiliali" Suit to C.D. California
ALWAYS THERE: Underpays Caregivers, "Granillo" Suit Claims
AMAZING HOME: Fails to Pay Proper Wages, "Cedeno" Suit Claims
AMERICAN ADDICTION: Meadows Sues over Background Checks
ANALOGIC CORPORATION: Faces "Barta" Suit over Proposed Merger
APPCO GROUP: 'Charity Muggers' Win First Round in Class Action
APPLE INC: Powerbeats Plaintiffs Told to Amend Claims
APTOS INC: Faces "Glean" Suit over Security Data Breach
ARCHITERRA INC: Fails to Pay OT Wages, "Alvarez" Suit Claims
ARES CAPITAL: Accord in American Capital Investors' Suit Okayed
AUTOGRILL GROUP: Underpays Supervisors, "Acey" Suit Alleges
AVON PRODUCTS: Trimaldi Sues over Improper Termination Notice
BANCO SANTANDER: Boston Retirement Sues over Bond Price-Fixing
BEST CARE: Fails to Pay Proper Wages, "Brizuela" Suit Claims
BIG HEART: "Schirripa" Suit Moved to N.D. California
BLACKBAUD INC: Faces "Brown" Suit in C.D. California
BMC BUILDER: Underpays Drywall Tapers, "Solis" Suit Alleges
BRANDS MART: Doesn't Pay OT to Delivery Helpers, Perez Claims
BRITISH COLUMBIA: Homeowners Crowdsource to Hire Lawyer
BROETJE ORCHARDS: Workers File Class-Action Suit
BROWN BOX: Fails to Pay Proper Wages, "Balli" Suit Alleges
BUCKHEAD PARKING: 11th Cir. Appeal Filed in "Stewart" Case
C2 EDUCATIONAL: Fails to Pay OT to Teachers, "Cruz" Suit Alleges
CALIBER HOLDINGS: Underpays Painters, "Gonsalves" Suit Alleges
CARLOS SEGARRA: Fails to Pay Minimum Wages, "Galan" Suit Claims
CAVIUM INC: Faces Multiple Class Suits Related to Merger
CENTURY FINANCIAL: Appeals Court Reverses Class Claims Dismissal
CENTURYLINK INC: Malueg Sues over Poor Customer Service
CHAMPION PETFOODS: Simpson Sues over Contaminated Dog Food
CHARTER COMMUNICATIONS: Fails to Pay OT, "Rochester" Suit Says
CHATSWORTH HEALTH: Faces "Stone" Suit over Gender Discrimination
CHINACACHE INT'L: Rosen Law Firm Reaches Class Action Settlement
CINAR FOODS: Doesn't Pay Wages to Chef, "Ucar" Suit Alleges
CITIBANK NA: Faces "Denke" Suit over Cryptocurrency Purchases
CITIMED MANAGEMENT: Fails to Pay OT, "Jimenez" Suit Alleges
CLEARPATH LENDING: Removes "Horton" Suit to D. Minnesota
CLIENT SERVICES: Booker Sues over Debt Collection Practices
COMPASS GROUP: Underpays Supervisors, "Valladres" Suit Claims
CONVERGENT OUTSOURCING: Made Unsolicited Calls, Sheean Suit Says
CREST PUMPING: Unpaid Award to Workers Reversed by 5th Cir.
CVS PHARMACY: Sunscreen Product Has Inflated SPF, Forouzesh Says
DATWYLER PHARMA: Underpays Mill Workers, "Furgus" Suit Says
DAVI TRANSPORTATION: Underpays Drivers, Gaither et al. Allege
DGVA INTERNATIONAL: Underpays Delivery Drivers, Fontil Says
DIVERSIFIED ADJUSTMENT: Webber Alleges Wrongful Debt Collections
DIVERSIFIED RECOVERY: Made Unsolicited Calls, Gerstenhaber Claims
DWALDMANLAW PC: Removes "Klein" Suit to W.D. Pennsylvania
E.R. INSURANCE: Made Unsolicited Calls, "Moore" Suit Alleges
EASTON BASEBALL: Faces "Wisdom" Suit over Heavy Baseball Bats
EATON CORPORATION: "Ruderman" Suit Alleges FCRA Violation
ED'S LANDSCAPES: Fails to Pay Proper Wages, "Amaya" Suit Says
ELIGIBILITY CONSULTANTS: Martin Alleges Wrongful Debt Collections
ELLA BLISS: Nail Tech Files Class Suit Against Beauty Bar
ENCORE RECEIVABLES: Espeleta Sues over Debt Collection Practices
ENERGY REMODELING: Made Unsolicited Calls, "Hartley" Suit Claims
ENOVA INTERNATIONAL: Judgment in "Kristensen" Suit Now Final
ESPERION THERAPEUTICS: Vincent Wong Files Securities Class Action
ESPERION THERAPEUTICS: 6th Cir. Appeal in "Dougherty" Ongoing
ESSEX PROPERTY: Fails to Pay Proper Wages, "Palmer" Suit Says
ETOWAH LANDSCAPE: Fails to Pay Wages, "Goodwin" Suit Claims
EVERETT ASSOCIATION: Removes "Thomas" Suit to W.D. Washington
EXPRESS SCRIPTS: Awaits Court OK on Bid to Drop Securities Suit
EXPRESS SCRIPTS: Dismissal of "Beeman" Suit Under Appeal
EXPRESS SCRIPTS: Appeal in Anthem ERISA Suit Underway
EXPRESS SCRIPTS: EpiPen ERISA Class Action Underway
EXPRESS SCRIPTS: Bid to Dismiss Acthar Pricing Suit Pending
FEDERAL BOND: Peterson Sues over Debt Collection Practices
FERRELLGAS INC: Doesn't Pay OT to Drivers, "Price" Suit Says
FOUNDATION MEDICINE: Bid to Drop "Mahoney" Suit Ongoing
FREEDOM HOME: Fails to Pay Proper Wages, "Robinson" Suit Says
FREEDOM INDUSTRIES: WV Water Crisis Settlements Not Yet Ready
FREEDOM MORTGAGE: Removes "Grayson" Suit to District of Maryland
FRITO-LAY INC: Fails to Prevent Harassment, "Woods" Suit Claims
FUYAO GLASS: Nearly 550 People Join OT Pay Class-Action Suit
GC DEALER: Fails to Pay Proper Wages, "Alvarado" Suit Alleges
GENERAL MOTORS: De Leon Sues over Defective 2012 GMC Terrain
GENWORTH FINANCIAL: Final Settlement Approval Hearing on July 3
GENWORTH LIFE: Faces "Friedman" Suit over Insurance Policy
GIDDY INC: Faces "Kiler" Suit over Access to Boxed.com Website
GOODWILL INDUSTRIES: Faces "Castillo" Suit in Sacramento
GOOGLE INC: To Pay $11MM to Owners of Suspended AdSense Accounts
GRACIA MEXICAN: Doesn't Pay OT to Server, "Barnes II" Suit Says
GREAT AMERICAN: Fails to Pay OT, Alexander et al. Allege
GUARANTEED RATE: Faces "Tadena" Suit in Sacramento
GWC WARRANTY: Court Affirms Enforceability of Arbitration Clause
HOMETOWN AMERICA: Santa Rosa Mobile Home Park Owners Files Suit
HONEYWELL INTERNATIONAL: Faces "Steward" Suit in S.D. Illinois
HOUSEKEEPING SERVICES: Underpays Drivers, Bowers Alleges
ICOT HEARING: Made Unsolicited Calls, "Hennie" Suit Alleges
IDT TELECOM: Made Unsolicited Calls, "Sanchez" Suit Alleges
ILLINOIS: Faces "Tucker" Suit over Parolees' Constitutional Right
INTEGRATED ENERGY: Faces "Hozi" Suit in Sacramento, California
INTER-CONTINENTAL HOTELS: Faces "Dolan" Suit in N.D. Georgia
INTERNATIONAL FOLLIES: Underpays Entertainers, Crittendon Says
INTERNATIONAL FOOD: Fails to Pay Wages, "Morales" Suit Says
J&L SERVICES: Lindblad Sues over Employment Discrimination
JAGUAR LAND ROVER: Schmidt Alleges Primary Chain Assembly Defects
JANISAN INC: Faces "Gamez" Suit in C.D. California
JBS CARRIERS: Removes "Skau" Suit to W.D. Washington
JOBS AND MAIN: Faces "Schroeder" Suit in E.D. New York
JOHN PAULSON: Faces "Rodriguez" Suit over Sales Taxes
JOHNSON & JOHNSON: Sued by "Dahl" over Sale of Talcum Products
JOHNSON & JOHNSON: Sued by "Eme" over Sale of Talcum Products
JOHNSON & JOHNSON: Faces "Hennessy" Suit over Sale of Talc
K KAI SALON: Fails to Pay Proper Wages, "Mora" Suit Says
KROGER CO: "Rodriguez" Suit Alleges FCRA Violation
LAKEMOOR, IL: Lawsuit Over Red Light Cameras Remains Active
LASALLE GROUP: Fails to Pay Proper Wages, "Ruffolo" Suit Alleges
LENDINGCLUB CORP: Safirstein Metcalf Files Securities Class Suit
LEGACY RESERVES: Hearing Held on Injunction & Dismissal Bids
LIFECARE SOLUTIONS: Removes "Frando" Suit to C.D. California
LISA DOUGLAS: Faces "Bays" Suit in Sacramento, California
LJ ROSS ASSOCIATES: Osideko Sues over Debt Collection Practices
LL BEAN INC: Faces "Shirley" Suit over Withdrawal of Guarantees
LONGLIFE SUPPLEMENTS: Underpays Sales Associates, Calegari Claims
M.A.C. COSMETICS: Removes "Monteon" Suit to C.D. California
MA INDUSTRIAL JV: Appeal Filed in "Saggio" Suit
MAPLE STREETS: Faces "Moran" Suit over Sale of Donut Products
MARRIOTT VACATIONS: Recorded Phone Calls, "Gamez" Suit Claims
MCCOLLISTERS TRANSPORTATION: Doesn't Pay OT, "Evans" Claims
MDL 2591: Syngenta Inks $1.51-Bil. Class Action Settlement
MDL 2804: Nantucket Part of Nationwide Class-Action Opioid Suit
MDL 2804: La Salle County Joining Opioid Class Suit
MERCEDES-BENZ USA: Removes "Enea" Suit to N.D. California
MICHIGAN: Supreme Court Appeal Filed in "John Does" Suit
MIDLAND CREDIT: Piening Sues over Debt Collection Practices
MULTICARE HEALTH: Faces "Hull" Suit in W.D. Washington
MXD GROUP INC: Removes "Fuentes" Suit to District of New Jersey
NATIONAL FOOTBALL: Hudson Sues over Disabled Players' Benefits
NATIONWIDE RECOVERY: Gurto Sues over Debt Collection Practices
NATURES PATH: "White" Suit Moved to N.D. California
NAVISTAR INT'L: Engine Issues Affect 50% of Medic's Fleet
NCAA: Former Badger Plans Legal Action
NESTLE WATERS: Suit Over Legitimacy Claims Gets Tossed
NOTTE & KREYLING: Wiley Sues over Debt Collection Practices
NUWAVE LLC: Sued by Aguilera over Sale of Defective Oven
NYKO TECHNOLOGIES: Faces "Skiathitis" Suit in C.D. California
ONE MEDICAL GROUP: Barbanell Sues over Annual Membership Fees
OPEN ARMS HEALTHCARE: Underpays Health Aides, "Hicks" Suit Claims
OZARK MOUNTAIN: Lawsuit Filed Over $18 Trash Service Fee
PBG DELIVERY: Underpays Delivery Drivers, Lord et al. Allege
PERUVIAN CHICKEN: Doesn't Pay OT to Chef, "Munoz" Suit Alleges
PHILZ COFFEE: Fails to Pay Proper Wages, "Simonian" Suit Claims
PITTSBURGH TOWING: Faces 2 Class-Action Lawsuits
PORTFOLIO RECOVERY: Tavare Sues over Debt Collection Practices
POWELL TRACHTMAN: Underpays File Clerks, "Anen" Suit Alleges
POWERCOR: Maddens Lawyers Sue Over St. Patrick's Day Fires
PREMIER CAR WASH: Fails to Pay Proper Wages, "Najera" Suit Claims
PRIME COMMUNICATIONS: Fails to Pay OT, "Gonzalez" Suit Alleges
PULASKI COUNTY: Underpays Bus Drivers, "Lamb" Suit Alleges
PURDUE PHARMA: Faces "Hunt" Suit over Sale of Opioids Drugs
RAUSCH COLEMAN: Underpays Salespersons, "Ackley" Suit Alleges
REAL CARE INC: Underpays Home Attendants, "Komarova" Suit Alleges
ROBINSON HELICOPTER: Fails to Pay for Overtime, Galan Claims
SAGE HOSPITALITY: Faces "Dolan" Suit in N.D. Georgia
SAN DIEGO YACHT CLUB: Fails to Pay Wages, "Bautista" Suit Says
SANMEDICA INTERNATIONAL: Faces "Pizana" Suit in E.D. California
SEPTIC MAXX: Made Unsolicited Calls, "Cressy" Suit Claims
SIEMENS CORPORATION: Faces "Sosa" Suit in Sacramento
SIMONS AGENCY: Hassine Sues over Debt Collection Practices
SMG MANAGEMENT I: Doesn't Pay OT to Cashiers, "Miller" Suit Says
SOLID WASTE SERVICES: Underpays Drivers, "Claybrook" Suit Says
SQUARE INC: Independent Contractors' Suit Concluded
ST. FRANCES: Murphy Falcon Files Class Action Lawsuit
STAGE STORES: Doesn't Pay OT to Store Managers, Bennett Alleges
STANFORD UNIVERSITY: Kicking Out Students, Class Suit Claims
STARR RESTAURANTS: Fails to Pay Proper OT, "Settecasi" Suit Says
STATOIL TEXAS: Gillespie Sues over Oil and Gas Royalties
SUNTRUST BANK: Hit With Class Action After Data Breached
SYMANTEC CORPORATION: Felix Sues over 33% Drop in Share Price
SYMANTEC CORP: Kaskela Law Files Securities Class Action Lawsuit
SYMANTEC CORP: Rosen Law Firm Files Securities Class Lawsuit
TAMPA BAY RAYS: Hit With TCPA Class Action Over Text Campaign
TEVA PHARMACEUTICALS: Grodko Sues over Drop in Share Price
TIERRA CALIENTE: Doesn't Pay OT to Servers, "Hernandez" Suit Says
TOWN SPORTS: Faces "Lehnert" Suit over Lending Rules Violation
TRADESMEN INTERNATIONAL: Removes "Montoya" Suit to N.D. Cal.
TRIANGLE CAPITAL: "Dagher" and "Holden" Suits Consolidated
TRUSS FAB LLC: Fails to Pay Proper Wages, "Altman" Suit Claims
U.S. TELEPACIFIC: Sues Insurer for Indemnification
UNILEVER US: Condon Alleges Mislabeling of "Low Fat" Ice Cream
UNILEVER US: Underfills Knorr Pasta Sides, "Fasih" Suit Says
UNITED STATES: Thomas Sues over Free Legal Counsel
UNITEDHEALTHCARE INSURANCE: Dane Sues over Premium Rebate Scheme
UNIVERSITY OF ROCHESTER: Faces Class Suit Over Retirement Plan
VELOCITY THE GREATEST: Fails to Pay Overtime, "Joseph" Suit Says
VISITING NURSE: Fails to Pay Proper Wages, "East" Suit Alleges
VM3015 INC: Fails to Pay Proper Wages, Suit Alleges
VOYA FINANCIAL: Seeks Dismissal of "Dezelan" Amended Complaint
VOYA FINANCIAL: "Patrico" Class Suit Nixed
VOYA FINANCIAL: Bid to Drop "Goetz" Suit Ongoing
VOYA FINANCIAL: "Barnes" and "Cutler" COI Suits Underway
WELK RESORT: Underpays Sales Representatives, "Harris" Suit Says
WESTSTAR TRANS: Wants "Beaudoin" Suit Moved to Kern County
WHOLE FOODS: Fails to Pay Proper Wages, "Stojka" Suit Alleges
WISE MEDICAL: Underpays Caregivers, "Campbell" Suit Alleges
WOOF GANG: Doesn't Pay OT to Groomers, "Giraud" Suit Says
WORLDWIDE FLIGHT: Underpays Supervisor, "Contreras" Suit Alleges
XILIN ASSOCIATION: Fails to Pay Proper Wages, "Brodesser" Claims
ZARA USA: Nordrehaug Bhowmik Files Wage Class Action Lawsuit
*********
3M COMPANY: Anderson et al. Sue over Water Contamination
--------------------------------------------------------
A lawsuit filed in Delaware court against The 3M Company and
several other companies alleges that the Plaintiffs and the
Putative Class suffered exposure, personal injury,
bioaccumulation of perfluorinated compounds in their blood which
causes known cancers and diseases, property damage and the
diminution of property value as a result of the contamination
caused by Aqueous Film Forming Foam of municipal and private
water supplies.
The complaint alleges that the Defendants manufactured and
distributed the Aqueous Film Forming Foam ("AFFF") to the New
Castle County Airport, knowing that the inclusion of
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonate
("PFOS") to AFFF presented an unreasonable risk to human health
and the environment and was inherently dangerous.
The Defendants also knew that PFOA and PFOS were highly soluble
and mobile in water, highly likely to contaminate water supplies
and other sensitive receptors, were persistent in the
environment, and would bio-accumulate in humans and cause serious
health effects.
The Defendants marketed and sold their products with knowledge
that large quantities of AFFF, containing toxic perfluorinated
compounds ("PFCs"), would be used in training exercises and in
emergency situations at military bases and airports, including
the New Castle County Airport, in such a manner that PFOA and
PFOS would contaminate the air, soil and groundwater. The
Defendants marketed and sold their products with knowledge that
large quantities of AFFF, containing toxic PFCs, would be stored
in fire suppressant systems and tanks on USAF Bases and at
airports and that such systems and storage were used and
maintained in such a manner that dangerous chemicals would be
released into the air, soil and groundwater.
The case is captioned, EARL ANDERSON, SHAFIQ AYYUBI, individually
and as the natural guardian of J.A., ALFREDO CLEMENTE, RENEE
CRAWFORD, DESIREE HUDSON, JOHN JESTER, HEATHER KERAMADI, ROBERT
LEASURE, BELINDA McLAURIN, ANDREW MILNER, LIZA NICHOLS, BETTY
OWENS,TASHIKA OWENS, ERNEST OWENS, NIKIMA OWENS, CAROLYN OWENS,
ALFRED AND ADEDOLAPO PHILLIPS, TEKESS PIERCE, and MICHAEL REILLY,
on behalf of all others similarly situated, Plaintiffs v. THE 3M
COMPANY, f/k/a Minnesota Mining and Manufacturing, Co.; TYCO FIRE
PRODUCTS L.P., successor in interest to THE ANSUL COMPANY;
BUCKEYE FIRE EQUIPMENT CO.; CHEMGUARD; NATIONAL FOAM, INC.; KIDDE
FIRE FIGHTING, INC., f/k/a CHUBB NATIONAL FOAM, INC., f/k/a
NATIONAL FOAM, INC., individually and as successor in interest to
NATIONAL FOAM, INC.; KIDDE PLC, INC., f/k/a WILLIAMS US INC.,
f/k/a WILLIAMS HOLDINGS, INC., individually and as successor in
interest to NATIONAL FOAM, INC.; KIDDE-FENWAL, INC., individually
and as successor in interest to NATIONAL FOAM, INC.; and UTC FIRE
& SECURITY AMERICAS CORPORATION, INC., f/k/a GE INTERLOGIX, INC.,
individually and as successor in interest to NATIONAL FOAM, INC.;
NATIONAL FOAM, INC., f/k/a NATIONAL FOAM INC., individually and
as successor in interest to NATIONAL FOAM, INC.; KIDDE PLC, INC.,
f/k/a WILLIAMS US INC., f/k/a WILLIAMS HOLDINGS, INC.,
individually and as successor in interest to NATIONAL FOAM, INC.;
KIDDE-FENWAL, INC., individually and as successor in interest to
NATIONAL FOAM, INC.; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC., f/k/a GE INTERLOGIX, INC.; and ENTERRA CORPORATION,
Defendants, Case No. 1:18-cv-00769-UNA (D. Del., May 18, 2018).
The 3M Company, f/k/a Minnesota Mining and Manufacturing, Co., is
a diversified American corporation manufacturing a wide range of
products, including abrasives, adhesive tape and related
products, and consumer-electronics components. [BN]
The Plaintiffs are represented by:
R. Joseph Hrubiec, Esq.
NAPOLI SHKOLNIK, LLC
919 North Market Street, Suite 1801
Wilmington, DE 19801
Telephone: (302) 330-8025
E-mail: Rhrubiec@NapoliLaw.com
ABLE HEALTH CARE: Underpays Home Health Aid, "Cedeno" Suit Says
---------------------------------------------------------------
ROSALIE MORAN CEDENO, individually and on behalf of all other
persons similarly situated, Plaintiff v. ABLE HEALTH CARE
SERVICE, INC. d/b/a ABLE HEALTH CARE SERVICES-HEMPSTEAD, INC.;
ABLE HEALTH CARE SERVICE, INC.-CHHA; and ABLE HEALTH CARE
SERVICE, INC.-LHCSA, Defendants, Case No. 154435/2018 (N.Y. Sup.,
New York Cty., May 11, 2018) is an action against the Defendants
for unpaid regular hours, overtime hours, minimum wages, wages
for missed meal and rest periods.
Ms. Cedeno was employed by the Defendants as a home health aid
from September 2015 to the December 21, 2015.
Able Health Care Service, Inc. - CHHA is domestic business
corporation incorporated under the laws of the State of New York,
with its principal location at 1240 Broadcast Plaza, Merrick, New
York 11566. The Company is primarily engaged in providing nursing
and home health aide services at the residences of its clients.
[BN]
The Plaintiff is represented by:
Lloyd R. Ambinder, Esq.
LaDonna M. Lusher, Esq.
Milana Dostanitch, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street, Seventh Floor
New York, NY 10004
Tel: (212)943-9080
Fax: (212) 943-9082
E-mail: llusher@vandallp.com
ABM INDUSTRIES: Removes "Wade" Suit to N.D. Illinois
----------------------------------------------------
The Defendant in the case of Larry Wade, individually and on
behalf of all others similarly situated, Plaintiff v. ABM
Industries Incorporated, Defendant, filed a notice to remove the
lawsuit from the Superior Court of the State of Illinois, Circuit
Court of Cook County (Case No. 2018 CH 3855) to the U.S. District
Court for the Northern District of Illinois and assigned Case No.
1:18-cv-02940 (N.D. Ill., April 25, 2018). The case is assigned
to Honorable Andrea R. Wood.
As of October 26, 2015, Security Business of ABM Industries
Incorporated was acquired by Universal Protection Service, Inc.
Security Business of ABM Industries Incorporated offers security
services including, security staffing, mobile patrol services,
investigative services, and security consulting services. The
asset is located in the United States. [BN]
The Plaintiff is represented by:
Jad Sheikali, Esq.
David Louis Gerbie, Esq.
MCGUIRE LAW, P.C.
55 West Wacker Drive, 9th Fl.
Chicago, IL 60601
Telephone: (312) 893-7002
E-mail: jsheikali@mcgpc.com
dgerbie@mcgpc.com
The Defendant is represented by:
George James Tzanetopoulos, Esq.
Michael Thomas Werner, Esq.
BAKER HOSTETLER LLP
191 North Wacker Drive Suite 3100
Chicago, IL 60606
Telephone: (312) 416-6200
E-mail: gtzanetopoulos@bakerlaw.com
mwerner@bakerlaw.com
- and -
Paul G. Karlsgodt, Esq.
BAKER & HOSTETLER LLP
1801 California Street, Suite 4400
Denver, CO 80202
Telephone: (303) 861-0600
E-mail: pkarlsgodt@bakerlaw.com
ADAMS AND ASSOCIATES: Foster Sues over Violation of ERISA
---------------------------------------------------------
CAROL FOSTER and THEO FOREMAN, individually and on behalf of all
others similarly situated, Plaintiffs v. ADAMS AND ASSOCIATES,
INC.; ROY A. ADAMS; LESLIE G. ADAMS; DANIEL B. NOREM; and ALAN M.
WEISSMAN, Defendants, Case No. 3:18-cv-02723-JSC (N.D. Cal., May
9, 2018) is an action under the Employee Retirement Income
Security Act of 1974, on behalf of a Class of participants in and
beneficiaries of the Adams and Associates Employee Stock
Ownership Plan. The Plaintiffs want the Defendants to restore
losses to the Plan and disgorge any profits through the use of
Plan assets. They also seek to obtain other remedial and
appropriate equitable relief to redress violations and enforce
the provisions of the ERISA.
The Plaintiffs' claims arise out of a transaction on September
2012 in which Defendants Roy A. Adams, Leslie G. Adams, members
of the Adams family or Adams family trusts sold 100% of the stock
of Adams and Associates, Inc. to the Adams ESOP and subsequent
breaches by the fiduciaries of the Adams ESOP. This transaction
was not designed to be in the best interests of the ESOP
participants, was implemented by a Trustee who is a felon now
incarcerated for stealing from other ESOPs and caused the ESOP to
pay in excess of fair market value. As a result of violations of
ERISA's fiduciary rules by the fiduciaries entrusted with their
Plan. Plaintiffs and the Class have not received all of the
hard-earned retirement benefits or the loyal and prudent
management of the ESOP to which they are entitled. Moreover,
Adams and Associates and the Director Defendants have concealed
from Plaintiffs and the ESOP's other participants the fact that
the ESOP's trustee is a felon because they do not want to arouse
suspicion about the September 2012 ESOP Transaction.
Adams and Associates, Inc., is a private sector entity engaged in
federal Job Corps program. The Company has offices in Reno, NV,
Columbia, MD, and Worcester, MA. [BN]
The Plaintiffs are represented by:
Daniel Feinberg, Esq.
FEINBERG JACKSON
WORTHMAN & WASOW LLP
383 - 4th Street, Suite 201
Oakland, CA 94609
Telephone: (510) 269-7998
Facsimile: (510) 269-7994
Email: dan@feinbergjackson.com
- and -
R. Joseph Barton, Esq.
BLOCK & LEVITON LLP
1735 20th Street, N.W.
Washington, DC 20009
Telephone: (202) 734-7046
Facsimile: (617) 507-6020
Email: jbarton@blockesq.com
AEROHIVE NETWORKS: Bid to Consolidated 3 Class Suits Underway
-------------------------------------------------------------
Aerohive Networks, Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on May 2, 2018, for the
quarterly period ended March 31, 2018, that three shareholders
have filed respective motions to consolidate their lawsuits and
be appointed lead plaintiff for a class.
In January 2018, three purported class actions were filed in the
United States District Court for the Northern District of
California against the Company and two of its officers.
The actions are McGovney v. Aerohive Networks, Inc., et al., Case
No. 5:18-cv-00435, Beyerbach v. Aerohive Networks, Inc., et al.,
Case No. 5:18-cv-0544 and Panjabi v. Aerohive Networks, Inc., et
al., Case No. 5:18-cv-00656.
The complaints allege that the defendants made false and
misleading statements, in particular regarding the Company's
financial outlook for the fourth quarter of 2017. The complaints
assert claims for violations of Sections 10(b) and 20(a) of the
Exchange Act and SEC Rule 10b-5 on behalf of those who purchased
the Company's common stock between November 1, 2017 and January
16, 2018, inclusive. The complaints seek monetary damages in an
unspecified amount.
On March 20, 2018, three shareholders filed respective motions to
consolidate the three cases and to be appointed lead plaintiff
for a class.
The Company anticipates that these cases will be consolidated and
that a court-appointed lead plaintiff will file a consolidated
complaint later this year.
Aerohive Networks, Inc., together with its subsidiaries, designs
and develops cloud networking and enterprise Wi-Fi solutions in
the Americas, Europe, the Middle East and Africa, and the Asia
Pacific. The company is based in Milpitas, California.
AGENTOLOGY INC: Has Made Unsolicited Calls, "Buu" Suit Claims
-------------------------------------------------------------
VINH BUU, individually and on behalf of all others
similarly situated individual, Plaintiff v. AGENTOLOGY, INC., and
DOES 1 through 50, Defendants, Case No. 37-2018-00022587-CU-BT-
CTL (Cal. Super., San Diego Cty., May 7, 2018) seeks to stops the
Defendant's practice of monitoring and recording telephone calls
of the Plaintiff without the his prior express written consent.
Agentology Inc. develops a web and mobile referral network for
real estate agents. Its product includes ReferralEngine, an
agent-to-agent referral network which refers leads and receives
referrals. The company was formerly known as MyAgentFinder and
changed its name to Agentology Inc. in November, 2015. Agentology
Inc. was founded in 2012 and is based in San Diego, California.
[BN]
The Plaintiff is represented by:
Eric A. Grover, Esq.
David M. Watson, Esq.
Robert W. Spencer, Esq.
KELLER GROVER LLP
1965 Market Street
San Francisco, CA 94103
Telephone: (415) 543-1305
Facsimile: (415) 543-7861
E-mail: eaarover@kellergrover.com
dwatson@kellergrover.corn
rspencer@kellergrover.coin
AGENTRA LLC: Made Unsolicited Calls, "Abramson" Suit Alleges
------------------------------------------------------------
STEWART ABRAMSON, individually and on behalf of all others
similarly situated, Plaintiff v. AGENTRA, LLC, Defendant, Case
No. 2:18-cv-00615-RCM (W.D. Pa., May 8, 2018) alleges that the
Defendant has made unsolicited calls in violation of the
Telephone Consumer Protection Act.
The Plaintiff alleges that the Defendant sent a pre-recorded
telemarketing call to a cellular telephone number to the
Plaintiff for the purposes of advertising goods and services,
which is prohibited by the TCPA.
Agentra, LLC operates as an insurance agent. It offers life and
health insurance products. The company was incorporated in 2010
and is based in Plano, Texas. [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
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
Email: anthony@broderick-law.com
AIR SERV: Fails to Pay Proper Wages, "Gordon" Suit Alleges
----------------------------------------------------------
CARMEN GORDON, individually and on behalf of all others similarly
situated, Plaintiff v. AIR SERV CORPORATION, and ANNA ORTIZ,
Defendants, Case No. CACE-18-010234 (Fla. Cir., Broward Cty., May
4, 2018) seeks to recover minimum wages, overtime pay, liquidated
damages, attorney's fees and costs.
Ms. Gordon was employed by the Defendants as a wheelchair
attendant from October 27, 2017 to April 8, 2016.
Air Serv Corporation provides cargo, cleaning, ground
transportation, passenger, and security services to aviation
industry. The company was incorporated in 2001 and is based in
Atlanta, Georgia with locations in Los Angeles and San Francisco,
California; Denver, Colorado; District of Columbia; and London,
Heathrow, and Glasgow, United Kingdom. As of November 1, 2012,
Air Serv Corporation operates as a subsidiary of ABM Industries
Incorporated. [BN]
The Plaintiff is represented by:
Chris Kleppin, Esq.
GLASSER & KLEPPIN, P.A.
8751 w. Broward Blvd., Suite 105
Plantation, FL
Telephone: (954) 424-1933
Facsimile: (954) 474-7405
E-mail: ckleppin@gkemploymentlaw.com
ALLEGIANT AIR: Removes "Basiliali" Suit to C.D. California
----------------------------------------------------------
The Defendants in the case of Layla Basiliali, individually and
on behalf of all others similarly situated, Plaintiff v.
Allegiant Air, LLC, and Does 1 through 50, Defendants, filed a
notice to remove the lawsuit from the Superior Court of the State
of California, Los Angeles County (Case No. BC698316) to the U.S.
District Court for the Central District of California on May 9,
2018, and assigned Case No. 2:18-cv-03888-RGK-MRW (C.D. Cal., May
9, 2018). The case is assigned to Judge R. Gary Klausner and
referred to Magistrate Judge Michael R. Wilner.
Allegiant Air, LLC, a travel company, provides airline services
and travel packages in the United States. The company offers
charter airline services to Canada and Mexico; and scheduled
passenger service between Fresno and Las Vegas. Its airline
service connects leisure destinations in Florida, Las Vegas,
Phoenix, California, Hawaii, and South Carolina. The company also
offers hotel packages, cars rental services, and entertainment
tickets. The company was founded in 1997 and is based in Las
Vegas, Nevada. Allegiant Air, LLC operates as a subsidiary of
Allegiant Travel Company.[BN]
The Plaintiff is represented by:
Alvin B Lindsay, Esq.
DAVID YEREMIAN AND ASSOCIATES INC
535 North Brand Boulevard, Suite 705
Glendale, CA 91203-1989
Telephone: (818) 230-8380
Facsimile: (818) 230-0308
E-mail: alvin@yeremianlaw.com
- and -
David Yeremian, Esq.
DAVID YEREMIAN AND ASSOCIATES INC
535 North Brand Boulevard Suite 705
Glendale, CA 91203
Telephone: (818) 230-8380
Facsimile: (818) 230-0308
E-mail: david@yeremianlaw.com
- and -
Walter L Haines, Esq.
UNITED EMPLOYEES LAW GROUP PC
5500 Bolsa Avenue, Suite 201
Huntington Beach, CA 92649
Telephone: (562) 256-1047
Facsimile: (562) 256-1006
E-mail: walter@whaines.com
The Defendants are represented by:
Andrew P Frederick, Esq.
MORGAN LEWIS AND BOCKIUS LLP
1400 Page Mill Road
Palo Alto, CA 94304
Telephone: (650) 843-4000
Facsimile: (650) 843-4001
E-mail: andrew.frederick@morganlewis.com
- and -
Linda Z Shen, Esq.
MORGAN LEWIS AND BOCKIUS LLP
2049 Century Park East, Suite 700
Los Angeles, CA 90067
Telephone: (310) 907-1000
Facsimile: (310) 907-1001
E-mail: linda.shen@morganlewis.com
- and -
Robert J Hendricks, Esq.
MORGAN LEWIS AND BOCKIUS LLP
Spear Street Tower, 1 Market Plaza
San Francisco, CA 94105
Telephone: (415) 442-1000
Facsimile: (213) 442-1001
E-mail: rj.hendricks@morganlewis.com
ALWAYS THERE: Underpays Caregivers, "Granillo" Suit Claims
----------------------------------------------------------
MIRIAM GRANILLO, individually and on behalf of all others
similarly situated, Plaintiff v. ALWAYS THERE HOMECARE, INC., and
DOES 1 through 100, Defendants, Case No. 37-2018-0002 1844-CU-QE-
CTL (Cal. Super., San Diego Cty., May 2, 2018) is an action
against the Defendants for unpaid regular hours, overtime hours,
minimum wages, wages for missed meal and rest periods.
Ms. Granillo was employed by the Defendants as a caregiver from
June 2014 to present.
Always There Homecare is a Private Duty Homecare agency that
provides one-on-one care in the convenience of loved one's home.
[BN]
The Plaintiff is represented by:
Scott M. Lidman, Esq.
Elizabeth Nguyen, Esq.
LIDMAN LAW, APC
222 N. Sepulveda Blvd., Suite 1550
El Segunao, CA 90245
Telephone: (424) 322-4772
Facsimile: (424) 322-4775
E-mail: slidman@lidmanlaw.com
enguyen@lidmanlaw.com
- and -
Paul K. Haines, Esq.
Tuvia Korobkin , Esq.
HAINES LAW GROUP, APC
222 N. Sepulveda Blvd., Suite 1550
El Segundo, CA 90245
Telephone: (424) 292-2350
Facsimile: (424) 292-2355
E-mail: phaines@haineslawgroup.com
tkorobkin@haineslawgroup.com
AMAZING HOME: Fails to Pay Proper Wages, "Cedeno" Suit Claims
-------------------------------------------------------------
ROSALIE MORAN CEDENO, individually and on behalf of all other
persons similarly situated, Plaintiff v. AMAZING HOME CARE
SERVICES, LLC; AMAZING HOME CARE PROVIDERS, INC.; and INTERGEN
HEALTH, LLC, Defendants, Case No. 154440/2018, is an action
against the Defendants for unpaid regular hours, overtime hours,
minimum wages, wages for missed meal and rest periods.
Ms. Cedeno was employed by the Defendants as a home health aid
from December 2016 to the September 2017.
Amazing Home Care Services, LLC is a domestic limited liability
company incorporated under the laws of the State of New York. The
Company is engaged in providing nursing and home health aide
services at the residences of its clients. [BN]
The Plaintiff is represented by:
Lloyd R. Ambinder, Esq.
LaDonna M. Lusher, Esq.
Milana Dostanitch, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street, Seventh Floor
New York, NY 10004
Tel: (212)943-9080
Fax: (212)943-9082
E-mail: llusher@vandallp.com
- and -
Gennadiy Naydenskiy, Esq.
NAYDENSKIY LAW FIRM LLC
281 Summerhill Rd, Suite 210
East Brunswick, NJ, 08816
Tel: 800-789-9396
Fax: 866-261-5478
E-mail: naydenskiylaw@gmail.com
AMERICAN ADDICTION: Meadows Sues over Background Checks
-------------------------------------------------------
WILLIE R. MEADOWS, individually and on behalf of all others
similarly situated, Plaintiff v. AMERICAN ADDICTION CENTERS,
INC.; and DOES 1 through 50, inclusive, Defendants, Case No.
18CV327372 (Cal. Super., Santa Clara Cty., April 27, 2018)
alleges violation of the Fair Credit Reporting Act.
The Plaintiff alleges that the Defendants routinely acquire
consumer, investigative consumer and/or consumer credit reports
to conduct background checks on the Plaintiff and other
prospective, current and former employees and use information
from credit and background reports in connection with their
hiring process without providing proper disclosures and obtaining
proper authorization in compliance with the law.
American Addiction Centers, Inc., together with its subsidiaries,
operates substance abuse treatment facilities for individuals
with drug and alcohol addiction in the United States. The company
was incorporated in 2007 and is headquartered in Brentwood,
Tennessee. American Addiction Centers, Inc. operates as a
subsidiary of AAC Holdings, Inc. [BN]
The Plaintiff is represented by:
Shaun Setareh, Esq.
Thomas Segal, Esq.
Wiliam M. Pao, 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
thomas@setarehlaw.com
william@setarehlaw.com
ANALOGIC CORPORATION: Faces "Barta" Suit over Proposed Merger
-------------------------------------------------------------
STEVE BARTA, individually and on behalf of all others similarly
situated, Plaintiff v. ANALOGIC CORPORATION; FRED B. PARKS;
BERNARD C. BAILEY; JEFFREY P. BLACK; JAMES J. JUDGE; MICHAEL T.
MODIC; STEPHEN A. ODLAND; and JOSEPH E. WHITTERS, Defendants,
Case No. Case 1:18-cv-10965 (D. Mass., May 14, 2018) is brought
against the Defendants in relation to a proposed transaction
announced on April 10, 2018, pursuant to which Analogic
Corporation will be acquired by Altaris Capital Partners, LLC
through its affiliate ANLG Holding Company, Inc. and Parent's
wholly owned subsidiary, AC Merger Sub, Inc.
According to the complaint, on April 10, 2018 Analogic's Board of
Directors caused Analogic to enter into an Agreement and Plan of
Merger with ANLG Holding and AC Merger Sub. Pursuant to the terms
of the Merger Agreement, each share of Analogic common stock
(other than shares held by shareholders seeking appraisal or
shares owned by any subsidiary of Analogic or Parent) will be
converted into the right to receive $84.00 in cash (the "Merger
Consideration"). Upon completion of the Merger, AC Merger Sub
will merge with and into Analogic, with Analogic surviving as a
privately-held company and will cease to be listed on any public
market.
Analogic Corporation designs, manufactures, and sells medical
imaging systems, ultrasound and security systems, and subsystems
to original equipment manufacturers (OEMs) and end users
primarily for the medical and airport security markets worldwide.
Analogic Corporation has a partnership agreement with Stratovan
Corporation. The company was founded in 1967 and is headquartered
in Peabody, Massachusetts. [BN]
The Plaintiff is represented by:
Theodore M. Hess-Mahan, Esq.
HUTCHINGS BARSAMIAN
MANDELCORN, LLP
110 Cedar Street, Suite 250
Wellesley Hills, MA 02481
Telephone: (781) 431-2231
E-mail: thess-mahan@hutchingsbarsamian.com
- and -
Carl L. Stine, Esq.
Adam J. Blander, Esq.
WOLF POPPER LLP
845 Third Avenue
New York, NY 10022
Telephone: 212-759-4600
Facsimile: 212-486-2093
Email: cstine@wolfpopper.com
APPCO GROUP: 'Charity Muggers' Win First Round in Class Action
--------------------------------------------------------------
Lorna Knowles, writing for ABC News, reports that a class action
against leading fundraising company Appco Group Australia, over
the alleged exploitation of so-called "charity muggers", will
proceed, a court has ruled.
The company is accused of "sham contracting" -- hiring workers as
independent contractors rather than employees to avoid paying
them the minimum wage and other entitlements.
Appco hires young sales reps as independent contractors via
marketing companies. The workers, also known as "chuggers", raise
money for some of Australia's biggest charities, as well as big-
name companies and utilities.
More than 1,400 claimants around the country allege they were
paid as little as $5 per hour for up to 80 hours per week.
Lead claimant Jacob Bywater alleges Appco breached the Fair Work
Act 2009 by failing to pay him and other group members ordinary
rates of pay and overtime, termination payments, superannuation,
allowances and expenses.
Many also alleged they were subjected to bizarre and humiliating
workplace rituals.
As the ABC's 7.30 report revealed exclusively in February last
year workers were forced to participate in these rituals, which
included simulating sexual acts on colleagues who failed to meet
their sales targets.
Another video shows young sales workers being forced to perform a
"slug race", where workers lay face down on a meeting room floor
and writhe on the ground with their arms behind their backs.
The action was filed in the Federal Court of Australia in late
2016. Appco applied for a declaration that the claim was not
properly commenced as a class action and that each claim should
be heard in separate trials.
Federal Court Justice Wigney dismissed that application.
Justice Wigney ruled Appco had also failed to demonstrate it was
in the interests of justice for the class action not to proceed
because it would not be an "efficient and effective means of
dealing with the claims".
The hearing will proceed on a date to be fixed.
Appco has not filed a defence but said that it would vigorously
defend the sham contracting allegations.
"Appco Australia is disappointed that the case is continuing as a
class action," said Appco Australia chief executive Perveen
Virdee.
"We are entirely confident that we and our sub-contracted
marketing companies operate responsible and compliant businesses
and we will continue to vigorously defend ourselves in this case.
The company also said that in the past, some of the marketing
businesses that sub-contracted its services to Appco may have
conducted "motivational games" which, while well-intentioned,
crossed the line into improper behaviour.
"Any such activities were conducted without the knowledge,
permission or encouragement of Appco Australia," the company
statement said.
"These activities have now been banned and represent a breach of
contract with Appco." [GN]
APPLE INC: Powerbeats Plaintiffs Told to Amend Claims
-----------------------------------------------------
Rebecca Hill, writing for The Register, reports that Apple has
failed to get a class-action sueball over its allegedly "shoddy"
headphones dismissed -- but the plaintiffs have been told to
amend their claims.
A group of people last year filed an action accusing Cupertino of
false advertising, claiming the Powerbeats headphones they bought
had poor battery life and were not sweat or water resistant, as
the product marketing had promised.
But in an order (PDF) issued, Judge Richard Seeborg partially
denied its motion, meaning the case will proceed.
The plaintiffs argued that -- despite being advertised as "built
to endure" and sweat and water resistant, with a six or 12-hour
battery life -- the Powerbeats they had bought were not.
"These shoddy headphones contain a design defect that causes the
battery life to diminish and eventually stop retaining a charge,"
the complaint said.
Apple argued the plaintiffs' allegations were "insufficient with
respect to their sweat and water resistant claims, battery life
claims, and durability claims" and asked the court to throw it
out.
In his order, Seeborg ruled against Apple on the grounds of
battery life, saying the plaintiffs' statements were sufficiently
specific, and granted the group the right to take action on this
point.
However, he dismissed complaints related to the headphones' sweat
or water resistance, saying that the group needed to amend their
claims in order to take them forward.
For instance, one plaintiff, Jennifer Zielinski, had claimed the
headphones had stopped holding their charge after exercise, but
didn't directly link the two.
The others, though, "fail to allege that they even sweated during
exercise", Seeborg noted. "For this reason, plaintiffs' claims
based on sweat and water resistance must be dismissed but with
leave to amend."
The plaintiffs "must specifically allege that the reason their
headphones stopped working and failed to retain a charge was
specifically due to Powerbeats' failure to resist sweat or
water," he noted.
Apple had also argued that the plaintiffs could not seek an
injunction against what they allege is false advertising, saying
the group could not prove imminent harm.
However, the judge disagreed, noting that the plaintiffs had said
that if the court ordered Apple to comply with advertising and
warranty laws, they would likely buy the product.
"Not only have plaintiffs established an inability to rely on
Powerbeats' advertising, but several have actually averred that
they replaced and/or purchased the product multiple times,
believing that the defects would be fixed," he said.
"Indeed, it is difficult to imagine what more Apple expects
plaintiffs to allege in order to establish that that they have
lost faith in their ability to rely on Powerbeats' marketing. For
these reasons, plaintiffs may seek injunctive relief."
The plaintiffs must now file any amended complaints within 20
days.
The Register asked Apple to comment.[GN]
APTOS INC: Faces "Glean" Suit over Security Data Breach
-------------------------------------------------------
DARREN GLEAN and JAMES HUNTER, individually and on behalf of all
others similarly situated, Plaintiffs v. APTOS, INC., and TEMPUR
SEALY INTERNATIONAL, INC., Defendants, Case No. 1:18-cv-02091-ELR
(N.D. Ga., May 11, 2018) seeks redress for the Defendants'
failure to secure and safeguard their customers' personal
information, including credit and debit card information and to
disclose the extent of the breach of that information and notify
affected consumers in a timely manner.
The complaint alleges that the Defendants' security failures
enabled intruders to intercept, access and acquire Personal
Information from within Defendants' systems and, on information
and belief, subsequently make unauthorized purchases on
consumers' credit and debit cards, while otherwise putting Class
members' Personal Information at serious and ongoing risk. The
intruders continue to use the Personal Information they obtained
as a result of Defendants' inadequate security to exploit
consumers and Class members throughout the country.
Aptos, Inc. owns and operates an online platform that provides
retail enterprise management solutions. The company, through its
platform, offers point of sale, digital commerce, order
management, merchandising, analytics, and customer relationship
management solutions. It serves apparel, footwear, sporting
goods, hard goods, general merchandise, and specialty retailers.
The company was formerly known as Epicor Retail Solutions, Inc.
and changed its name to Aptos, Inc. in June 2015. The company was
founded in 2015 and is based in Atlanta, Georgia. Aptos, Inc. is
a former subsidiary of Epicor Software Corporation.[BN]
The Plaintiff is represented by:
David J. Worley, Esq.
James M. Evangelista, Esq.
Kristi Stahnke McGregor, Esq.
EVANGELISTA WORLEY, LLC
8100A Roswell Road, Suite 100
Atlanta, GA 30350
Telephone: (404)205-8400
Facsimile: (404)205-8395
E-mail: david@ewlawllc.com
jim@ewlawllc.com
kristi@ewlawllc.com
- and -
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Avenue
Oklahoma City, OK 73120
Telephone: (405) 235-1560
Facsimile: (405) 239-2112
E-mail: wbf@federmanlaw.com
- and -
Gary S. Graifman, Esq.
Jay I. Brody, Esq.
KANTROWITZ, GOLDHAMER
& GRAIFMAN, P.C.
747 Chestnut Ridge Road
Chestnut Ridge, NY 10977
Telephone: (845) 356-2570
E-mail: ggraifman@kgglaw.com
jbrody@kgglaw.com
ARCHITERRA INC: Fails to Pay OT Wages, "Alvarez" Suit Claims
------------------------------------------------------------
JUAN ALVAREZ, individually and on behalf of all others similarly
situated, Plaintiff v. ARCHITERRA, INC. and RONALD LESTER,
Defendants, Case No. 1:18-cv-03311 (N.D. Ill., May 9, 2018) is an
action against the Defendants for failure to pay the Plaintiff
overtime wages for all compensable time in excess of 40 hours in
individual work weeks, the Defendants' unlawful deductions made
from the Plaintiff and other similarly situated employees' weekly
wages without proper authorization.
Mr. Alvarez worked as a laborer for the Defendants from April
2013 to January 2018.
Founded in 1982, Architerra Inc. has provided landscape
architecture, construction, and maintenance services to over one
thousand homeowners, business people and allied professionals.
Conveniently located in central Lake County, the three acre
facility contains the design studio, contracting and growing
areas and a demonstration garden for testing new materials and
techniques. [BN]
The Plaintiff is represented by:
Christopher J. Williams, Esq.
Alvar Ayala, Esq.
WORKERS' LAW OFFICE, PC
53 W. Jackson Blvd, Suite 701
Chicago, IL 60604
Telephone: (312) 795-9121
- and -
Neil Kelley, Esq.
FARMWORKER & LANDSCAPER
ADVOCACY PROJECT
33 North LaSalle Street Suite 900
Chicago, IL 60604
Telephone: (312) 784-3541
ARES CAPITAL: Accord in American Capital Investors' Suit Okayed
---------------------------------------------------------------
Ares Capital Corporation said in its Form 10-Q Report filed with
the Securities and Exchange Commission on May 2, 2018, for the
quarterly period ended March 31, 2018, that the court has entered
an order and final judgment approving settlements and dismissing
the class action suit filed by the shareholders of American
Capital in its entirety.
On or about February 10, 2017, shareholders of American Capital
filed a second consolidated amended putative shareholder class
action complaint allegedly on behalf of holders of the common
stock of American Capital against the former members of American
Capital's board of directors and certain former American Capital
officers (collectively, the "American Capital defendants"), as
well as Elliott Management Corporation, Elliott Associates, L.P.,
Elliott International, L.P. and Elliott International Capital
Advisors Inc. (collectively "Elliott") in the Circuit Court for
Montgomery County, Maryland challenging the American Capital
Acquisition.
This action is a consolidation of putative shareholder complaints
filed against the directors of American Capital on June 24, 2016,
July 12, 2016, July 21, 2016 and July 27, 2016, which were
consolidated and in which an amended consolidated putative
shareholder class action complaint was filed on August 18, 2016.
The action alleged that the directors, officers and Elliott
failed to adequately discharge their fiduciary duties to the
public shareholders of American Capital by hastily commencing a
sales process due to the board's manipulation by Elliott. In the
alternative, the complaint alleged Elliott aided and abetted
breaches of fiduciary duty by the American Capital directors and
officers. The complaint also alleged that the directors and
officers failed to obtain for the shareholders the highest value
available in the marketplace for their shares in the American
Capital Acquisition. The complaint further alleged that the
merger was the product of a flawed process due to Elliott's
continued manipulation, the use of deal protection devices in the
American Capital Acquisition that precluded other bidders from
making a higher offer to American Capital and the directors'
conflicts of interest due to special benefits, including the full
vesting of American Capital stock options and incentive awards or
golden parachutes the directors received upon consummation of the
proposed merger.
Additionally, the complaint alleged that the registration
statement, which was filed with the SEC on July 20, 2016 and
included a joint proxy statement to American Capital's
shareholders, was materially false and misleading because it
omits material information concerning the financial and
procedural fairness of the American Capital Acquisition. The
complaint sought to recover compensatory damages for all losses
resulting from the alleged breaches of fiduciary duty and waste.
The American Capital defendants filed their motion to dismiss the
second consolidated amended complaint on March 3, 2017. Elliott
filed its motion to dismiss the second consolidated amended
complaint on April 14, 2017. A hearing on the motions to dismiss
was scheduled for June 9, 2017 before Judge Ronald Rubin of the
Circuit Court for Montgomery County, Maryland (the "Court");
however, that hearing was stayed as to the American Capital
defendants in light of the settlement.
On June 9, 2017, the American Capital defendants reached an
agreement in principle with the plaintiffs regarding the proposed
settlement of claims asserted against them in this action, and
the American Capital defendants and plaintiffs subsequently
executed a settlement term sheet (the "Term Sheet") on June 19,
2017. As set forth in the Term Sheet, the American Capital
defendants agreed to the proposed settlement solely to eliminate
the burden, expense, distraction and uncertainties inherent in
further litigation, and without admitting any liability or
wrongdoing.
On October 11, 2017, the plaintiffs and Elliott advised the Court
that they reached an agreement in principle to settle the
remaining claims in the case. The parties filed a joint
stipulation on or about November 17, 2017, notice was sent to
stockholders on December 18, 2017, and a final hearing to approve
the settlements took place on February 16, 2018, at which the
Court entered an order and final judgment approving both
settlements and dismissing the matter in its entirety.
Ares Capital Corporation is a specialty finance company that is a
closed-end, non-diversified management investment company
incorporated in Maryland. The company has elected to be regulated
as a business development company ("BDC") under the Investment
Company Act of 1940, as amended (together with the rules and
regulations promulgated thereunder, the "Investment Company
Act"). The company is based in New York.
AUTOGRILL GROUP: Underpays Supervisors, "Acey" Suit Alleges
-----------------------------------------------------------
JANEEN ACEY and AMBER HOPKINS, individually, and on behalf of all
others similarly situated, Plaintiff v. AUTOGRILL GROUP, INC.,
and HMS HOST USA, INC., Defendants, Case No. 8:18-cv-01395-PX
(W.D. Tenn., Aug. 24, 2017) is an action against the Defendants
to recover unpaid straight time wages, unpaid minimum wages,
overtime compensation and damages.
Ms. Acey and Ms. Hopkins were employed as shift supervisor at the
Defendants' Starbuck franchises located in Memphis International
Airport.
Autogrill Group, Inc., through its subsidiaries, operates
restaurants and specialty stores on airports. The company is
based in Pearl, Mississippi. Autogrill Group, Inc. operates as a
subsidiary of Autogrill S.p.A. [BN]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
James L. Holt, Jr., Esq.
J. Russ Bryant, Esq.
Paula R. Jackson, Esq.
JACKSON, SHIELDS, YEISER & HOLT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 759-1745
E-mail: jackson@jsyc.com
jholt@jsyc.com
rbryant@jsyc.com
pjackson@jsyc.com
AVON PRODUCTS: Trimaldi Sues over Improper Termination Notice
-------------------------------------------------------------
LEIGH TRIMALDI, individually and on behalf of all other similarly
situated individuals, Plaintiff v. AVON PRODUCTS, INC.; NEW AVON,
LLC; CERBERUS CAPITAL MANAGEMENT, L.P.; and DOES 1 through 10,
Defendants, Case No. Case 8:18-cv-01000-SCB-MAP (M.D. Fla., April
25, 2018) seeks to recover back pay and benefits under the Worker
Adjustment and Retraining Notification Act.
The Plaintiff alleges in the complaint that the Defendants
terminated more than 950 employees without proper legal notice as
part of a mass layoffs between January 21, 2017 and June 30, 2017
in Orlando, Florida and the Defendants' other sites. The
Defendants' mass layoff deprived hundreds of fired workers and
their families with some transition time to adjust to the
prospective loss of employment, to seek and obtain alternative
jobs and, if necessary, to enter skill training or retraining
that will allow these workers to successfully compete in the job
market. The Defendants failed to provide these terminated
employees with the 60 days' advance written notice that is
required by the Worker Adjustment and Retraining Notification
Act.
The Plaintiff Trimaldi was a full time employee of the Defendant
from the year 2011 to February 24, 2017.
Avon Products, Inc. manufactures and markets beauty and related
products in Europe, the Middle East, Africa, south Latin America,
north Latin America, and the Asia Pacific. The company was
founded in 1886 and is headquartered in London, the United
Kingdom. [BN]
The Plaintiff is represented by:
O. Mark Zamora, Esq.
THE ORLANDO FIRM, P.C.
4755 Central Avenue
St. Petersburg, FL 33713
Telephone: (813) 501-7675
E-mail: spcombs@flalaw.pro
mark@markzomara.com
BANCO SANTANDER: Boston Retirement Sues over Bond Price-Fixing
--------------------------------------------------------------
The Boston Retirement System launched a class action lawsuit
against several financial institutions over the Defendants'
alleged pattern of collusion and price-fixing of Mexican
government bonds.
The Plaintiff alleged in the complaint that the Defendants
conspired to fix the Mexican government bonds prices between
January 1, 2006 and April 18, 2017 through at least three means:
(a) rigging the bonds auctions through collusive bidding and
information sharing; (b) selling the bonds purchased at auction
at artificially higher prices; and (c) agreeing to fix the "bid-
ask spread" artificially wider, overcharging and underpaying
customers in every bonds transaction by suppressing the "bid
price" at which the Defendants offered to buy bonds and
increasing the "ask price" at which they offered to sell. This
comprehensive scheme resulted in inflated bonds prices, and lower
yield for the Plaintiff and the class they represent while
generating supra-competitive profits for the Defendants.
The case is, BOSTON RETIREMENT SYSTEM, individually and on behalf
of all others similarly situated, Plaintiff v. BANCO SANTANDER
S.A., SANTANDER INVESTMENT SECURITIES, INC., SANTANDER HOLDINGS
USA, INC., BANCO SANTANDER (MEXICO) S.A. INSTITUCION DE BANCA
MULTIPLE, GRUPO FINANCIERO, SANTANDER INVESTMENT BOLSA, SOCIEDAD
DE VALORES, S.A.U., BANCO BILBAO VIZCAYA ARGENTARIA, S.A., BBVA
SECURITIES, INC., BBVA COMPASS BANCSHARES, INC., BBVA BANCOMER
S.A., INSTITUCION DE BANCA MULTIPLE, GRUPO FINANCIERO BBVA
BANCOMER, GRUPO FINANCIERO BBVA BANCOMER, S.A. DE C.V., JPMORGAN
CHASE & CO., JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, JP MORGAN
SECURITIES LLC, J.P. MORGAN BROKER-DEALER HOLDINGS INC., BANCO
J.P. MORGAN, S.A. INSTITUCION DE BANCA MULTIPLE, J.P. MORGAN
GRUPO FINANCIERO, HSBC HOLDINGS PLC, HSBC BANK PLC, HSBC
SECURITIES (USA) INC., HSBC MARKETS (USA) INC., HSBC MEXICO,
S.A., INSTITUCION DE BANCA MULTIPLE, GRUPO FINANCIERO HSBC, HSBC
NORTH AMERICA HOLDINGS INC., HSBC LATIN AMERICA HOLDINGS (UK)
LIMITED, BARCLAYS PLC, BARCLAYS CAPITAL PLC, BARCLAYS CAPITAL
INC., BARCLAYS BANK PLC, GRUPO FINANCIERO BARCLAYS MEXICO, S.A.
DE C.V., BARCLAYS BANK MEXICO, S.A., CITIGROUP INC., CITIGROUP
GLOBAL MARKETS INC., CITIGROUP FINANCIAL PRODUCTS INC., CITIGROUP
GLOBAL MARKETS HOLDINGS INC., BANCO NACIONAL DE MEXICO,
S.A.,INSTITUCION DE BANCA MULTIPLE, GRUPO FINANCIERO BANAMEX,
BANK OF AMERICA N.A., BANK OF AMERICA CORPORATION, BANKAMERICA
INTERNATIONAL FINANCIAL CORPORATION, BANK OF AMERICA MEXICO,
S.A., INSTITUCION DE BANCA MULTIPLE, GRUPO FINANCIERO BANK OF
AMERICA,MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED,
DEUTSCHE BANK AG, DEUTSCHE BANK SECURITIES, INC., DEUTSCHE BANK
AMERICAS HOLDING CORP., DEUTSCHE BANK MEXICO, S.A. INSTITUCION DE
BANCA MULTIPLE, CREDIT SUISSE AG, CREDIT SUISSE (USA) INC.,
CREDIT SUISSE AG, NEW YORK BRANCH, CREDIT SUISSE SECURITIES (USA)
LLC, GRUPO FINANCIERO CREDIT SUISSE (MEXICO), S.A. DE C.V., BANCO
DE CREDIT SUISSE (MEXICO), CASA DE BOLSA CREDIT SUISSE (MEXICO),
S.A. DE C.V., CREDIT SUISSE SERVICIOS (MEXICO) S.A. DE C.V., and
"JOHN DOES" 1-10, Defendants, Case No. Case 1:18-cv-04294
(S.D.N.Y., May 14, 2018).
Banco Santander S.A. attracts deposits and offers retail,
commercial and private banking, and asset management services.
The Bank offers consumer credit, mortgage loans, lease financing,
factoring, mutual funds, pension funds, insurance, commercial
credit, investment banking services, structured finance, and
advice on mergers and acquisitions. [BN]
The Plaintiff is represented by:
Fred Taylor Isquith, Esq.
Regina M. Calcaterra, Esq.
Thomas H. Burt, Esq.
Betsy S. Manifold, Esq.
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
270 Madison Avenue
New York, NY 10016
Telephone: (212) 545-4600
E-mail: isquith@whafh.com
calcaterra@whafh.com
burt@whafh.com
manifold@whafh.com
- and -
Scott Martin, Esq.
Michael Hausfeld, Esq.
Michael Lehman, Esq.
HAUSFELD LLP
33 Whitehall Street, 14th Floor
New York, NY 10004
Telephone: (646) 357-1100
E-mail: smartin@hausfeld.com
mhausfeld@hausfeldllp.com
mlehmann@hausfeld.com
- and -
Ernesto B. Duhne, Esq.
Ivan C. Szymanski, Esq.
SANTAMARINA Y STETA SC
Edificio Omega
Mexico City, Ciudad de Mexico
Mexico 11560
Telephone: +52 55 5279 5441
BEST CARE: Fails to Pay Proper Wages, "Brizuela" Suit Claims
------------------------------------------------------------
SUYAPA BRIZUELA, individually and on behalf of all others
similarly situated, Plaintiff v. BEST CARE, INC. and LAWRENCE
WIENER, Defendants, Case No. 2:18-cv-02779 (E.D.N.Y., May 9,
2018) seeks to recover overtime compensation, spread of hours pay
for days worked in excess of 10 hours per day, liquidated
damages, attorney's fees and costs.
The Plaintiff Brizuela was employed by the Defendants as a home
health aide from the year 2012 to December 2016.
Bestcare Inc. provides home health care services. Its services
include physical therapy, occupational therapy, speech therapy,
medical supplies, and medical transportation. Bestcare Inc. was
founded in 1981 and is based in Levittown, New York. The company
has additional offices in Levittown, Bayshore, Forest Hills,
Bronx, Staten Island, Bayshore, Brooklyn, New York, and Yonkers,
New York. [BN]
The Plaintiff is represented by:
Peter A. Romero, Esq.
LAW OFFICE OF PETER A. ROMERO PLLC
103 Cooper Street
Babylon, NY 11702
Telephone: (631) 257-5588
E-mail: promero@romerolawny.com
BIG HEART: "Schirripa" Suit Moved to N.D. California
----------------------------------------------------
The class action lawsuit titled Rosemarie Schirripa, individually
and on behalf of all others similarly situated, Plaintiff V. Big
Heart Pet Brands, Inc., Defendant, was transferred from the U.S.
District Court for the Southern District of New York (Case No.
1:18-cv-02345) to the U.S. District Court for the Northern
District of California, on May 7, 2018, and assigned Case No.
4:18-cv-02662-JSW (N.D. Cal., May 7, 2018). The parties had
agreed and stipulated to the transfer of the case on May 4, 2018.
The case is assigned to Judge Jeffrey S. White.
Big Heart Pet Brands, together with its subsidiaries, produces,
distributes, and markets branded pet food and pet snacks to
retail and export markets in the United States. The company was
formerly known as Del Monte Corporation and changed its name to
Big Heart Pet Brands in February 2014. Big Heart Pet Brands was
founded in 1916 and is headquartered in San Francisco,
California. Big Heart Pet Brands operates as a subsidiary of Blue
Acquisition Group, Inc. [BN]
The Plaintiff is represented by:
Paul B Maslo, Esq.
Salvatore C Badala, Esq.
NAPOLI SHKOLNIK PLLC
360 Lexington Ave., 11th Floor
New York, NY 10017
Telephone: (212) 397-1000
E-mail: pmaslo@napolilaw.com
sbadala@napolilaw.com
- and -
Paul Brian Maslo, Esq.
NAPOLI SHKOLNIK PLLC
400 Broadhollow Road St 350
Melville, NY 11747
Telephone: (212) 397-1000 X2561
Facsimile: (646) 843-7603
E-mail: pmaslo@napolilaw.com
The Defendant is represented by:
Ronald Y. Rothstein
WINSTON AND STRAWN LLP
35 West Wacker Drive
Chicago, IL 60601-9703
Telephone: (312) 558-5600
Facsimile: (312) 558-5700
E-mail: RRothstein@winston.com
- and -
Andrew Thomas Foglia, Esq.
WINSTON AND STRAWN LLP
200 Park Avenue
New York, NY 10166
Telephone: (212) 294-3290
E-mail: afoglia@winston.com
- and -
Jeanifer Ellen Parsigian, Esq.
WINSTON AND STRAWN LLP
101 California Street, 34th Floor
San Francisco, CA 94111
Telephone: (415) 591-1469
Facsimile: (415) 591-1400
E-mail: jparsigian@winston.com
BLACKBAUD INC: Faces "Brown" Suit in C.D. California
----------------------------------------------------
A class action lawsuit has been filed against Blackbaud, Inc. The
case is captioned as William Brown, individually and on behalf of
all others similarly situated, Plaintiff v. Blackbaud, Inc.,
Defendant, Case No. 2:18-cv-03549-AB-KS (C.D. Cal., April 26,
2018). The case is assigned to Judge Andre Birotte Jr. and
referred to Magistrate Judge Karen L Stevenson.
Blackbaud, Inc. provides cloud software solutions to nonprofits,
foundations, corporations, education institutions, healthcare
organizations, and other charitable giving entities primarily in
the United States, Canada, the United Kingdom, and Australia.
Blackbaud, Inc. was founded in 1981 and is headquartered in
Charleston, South Carolina. [BN]
The Plaintiff is represented by:
Joel D Smith, Esq.
Lawrence Timothy Fisher, Esq.
Thomas Andrew Reyda, Esq.
Yeremey O Krivoshey, Esq.
BURSOR AND FISHER PA
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: jsmith@bursor.com
ltfisher@bursor.com
treyda@bursor.com
ykrivoshey@bursor.com
- and -
Scott A Bursor, Esq.
BURSOR AND FISHER PA
888 Seventh Avenue
New York, NY 10019
Telephone: (212) 989-9113
Facsimile: (212) 989-9163
E-mail: scott@bursor.com
BMC BUILDER: Underpays Drywall Tapers, "Solis" Suit Alleges
-----------------------------------------------------------
JOSE AGUSTIN SOLIS, individually and on behalf of all others
similarly situated, Plaintiff v. BMC BUILDER CORP. (D/B/A BMC
BUILDER); DRYWALL VALMEZ INC. (D/B/A BMC BUILDER); WALTER D.
FLORENTIN (A.K.A. FLORENTINO); WILLIAM DOE, and LUIGI RIVAS,
Defendants, Case No. 1:18-cv-02737-LDH-ST (E.D.N.Y., May 8, 2018)
is an action against the Defendants for unpaid regular hours,
overtime hours, minimum wages, wages for missed meal and rest
periods.
The Plaintiff Solis was employed by the Defendants as a drywall
taper in Jamaica, New York, from December 2016 to December 2017,
and then from March 21, 2018 to May 3, 2018.
BMC Builder own, operate, or control a construction company,
located at 172-43 Henley Road, Jamaica, NY 11432. [BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
BRANDS MART: Doesn't Pay OT to Delivery Helpers, Perez Claims
-------------------------------------------------------------
WALTER EDUARDO PEREZ, individually and on behalf of others
similarly situated, Plaintiffs v. BRANDS MART U.S.A., INC.; RYDER
LLC; SHARPE DELIVERY SERVICE, INC.; CLAUDE GLEGG, Defendants,
Case No. 1:18-cv-22003-UU (S.D. Fla., May 18, 2018) is brought
against the Defendant for failure to pay overtime wages in
violation of the Fair Labor Standards Act.
Mr. Perez was employed by the Defendants as a delivery helper
from the year 2013 to May 12, 2018.
Brands Mart U.S.A., Inc. is a company that regularly transacts
business within Miami-Dade County. [BN]
The Plaintiff is represented by:
J.H. Zidell, Esq.
J.H. ZIDELL, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Telephone: (305) 865-6766
Facsimile: (305) 865-7167
Email: ZABOGADO@AOL.COM
BRITISH COLUMBIA: Homeowners Crowdsource to Hire Lawyer
-------------------------------------------------------
Tiffany Crawford, writing for Vancouver Sun, reports that a group
of homeowners crowdsourcing to raise money to fight B.C.'s new
speculation tax on empty homes has retained a lawyer for a
possible class-action lawsuit.
The group Canadians Against the B.C. Speculation Tax has started
a Go Fund Me page with plans to sue the government to stop the
levy.
As of May 18, organizers had raised just over $8,500 of a
$300,000 goal. The group says the funds will go to a public
advocacy campaign to pressure the government to withdraw the
proposed tax.
In a letter to B.C.'s Ministry of Attorney General, law firm
Gowling WLG states that the firm has been retained by a group of
concerned homeowners in Alberta and elsewhere in Canada to
commence a class action against the province with respect to the
speculation tax.
The letter says the firm also intends to include American
homeowners who are affected by the proposed tax.
"In light of the proposed class action and the recent news that
several of Premier John Horgan's top staff improperly deleted all
of their sent emails for months, we write at this time to put you
on notice to preserve and not destroy any documents relating to
the proposed class action," the letter states.
Edmonton lawyer Ryan Callioux, Esq. is one of the organizers of
Canadians Against the Speculation Tax.
He and his wife bought a home in Victoria so his wife could
regularly visit the place she grew up. He said they stay there
often when they are on vacation and plan to retire there someday.
He said they rent it out short term to help pay for the mortgage.
"People think it is all rich people who are affected by this tax
but that is not the case," he said. "We were stretched to buy
this (Victoria) home, and one day we would like to live there but
we still have to pay the mortgage and the upgrades."
Callioux said the speculation tax has nothing to do with
speculation and so they are raising money to put pressure on the
government to repeal the proposed levy.
He confirmed that the group has retained Gowling WLG.
The group argues the tax, which the B.C. government announced in
February, unfairly targets residents and out of province
Canadians who own a second home.
It contends the proposed levy does little to reduce speculation
and hurts those who may have inherited or have owned a second
home for decades.
B.C. residents will pay a speculation tax rate of 0.5 per cent,
compared with one per cent for Canadian owners and two per cent
for non-Canadian owners.
The group is concerned the tax will drive away residents from
neighbouring provinces that invest in and support B.C.
communities.
Another one of the group's organizers Blake MacKenzie, a Victoria
resident who runs a licensed vacation rental agency, believes the
tax will hurt local economies because many of the regions that
are subject to the tax are tourist destinations.
"We understand that there is a shortage of rental stock, but
there are other ways to solve this problem," said MacKenzie.
He said many of his clients are homeowners in B.C. and Alberta
who love the island and want to live in their homes eventually.
But he believes the tax will force many of them to sell.
On May 16, B.C.'s Finance Minister Carole James said almost two-
thirds of those who pay the new housing speculation tax will be
British Columbians.
The tax applies in Metro Vancouver, the Capital Regional District
(excluding the Gulf Islands), Kelowna, West Kelowna, Nanaimo-
Lantzville, Abbotsford, Chilliwack and Mission.
Opponents of the tax have also started a petition at Change.org.
The B.C. Ministry of Finance did not respond to a request for
information.[GN]
BROETJE ORCHARDS: Workers File Class-Action Suit
------------------------------------------------
Tony Buhr, writing for Union Bulletin, reports that local fruit
grower Broetje Orchards faces a class-action lawsuit for how it
pays field workers for picking apples and berries, among other
tasks.
According to the lawsuit filed on May 14 in Walla Walla County
Superior Court, Broetje pays its employees piece-rate for the
amount of produce they pick, but the company does not compensate
employees for additional hours spent attending safety meetings or
time lost from weather delays.
The lawsuit requests that the company provide back pay to its
employees, at double minimum wage, for all of the nonproductive
hours they worked. Llecenia Reducindo and Santiago Medina Chipres
and about 300 unnamed, current and former employees are named as
plaintiffs in the case.
Tacoma attorney India Lin Bodien, Esq., said she and her
colleagues want to make sure workers are fairly compensated for
their time. Los Angeles attorneys Craig J. Ackermann, Esq., and
Brian Denlinger, Esq., with Ackermann & Tilajef, and independent
attorney Tatiana Hernandez, Esq., joined Bodien in representing
employees.
"We're hoping the company will do the right thing to resolve the
claims, and if they don't, we are prepared to litigate and
vindicate our clients' rights," Bodien said.
Broetje Human Resources Director Roger Bairstow said on May 17
the company did not have any comment on the case. Broetje is a
40-year-old, family-owned company with more than 6,000 acres of
apple and cherry trees in Prescott, Benton City and Wallula,
according to its website.
This lawsuit, Bodien said, stems from a 5-4 decision by the
Washington State Supreme Court on May 10.
According to the decision in Carranza v. Dovex, farm workers can
be paid on a piece-rate system for the hours they are actively
picking fruit. But any other work, such as unloading equipment or
traveling between fields, must be compensated for on an hourly
basis, and agriculture laborers must be paid at least an hourly
minimum wage.
Since the ruling, Bodien and her colleagues have filed similar
lawsuits throughout the state seeking compensation for unpaid
hours, she said.
Bodien is now waiting for a response to the complaint from
Broetje attorneys, she said. It is just the beginning of the
legal process.
Bodien was an attorney involved in a lawsuit resolved in February
involving Stemlit Ag Services, which paid its fieldworkers
$464,000 in a settlement over unpaid rest breaks between 2014 and
2015, according to The Wenatchee World.[GN]
BROWN BOX: Fails to Pay Proper Wages, "Balli" Suit Alleges
----------------------------------------------------------
STEPHANIE BALLI, individually, and on behalf of all others
similarly situated, Plaintiff, BROWN BOX INVESTMENTS, INC.; THE
UPS STORE; ETHAN INVESTMENTS, INC.; and DOES 1 to 100,
Defendants, Case No. 34-2018-00232656 (Cal. Super., Sacramento
Cty., May 8, 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 a non-exempt,
hourly employee, from the year 2008 to December 31, 2017.
Brown Box Investments, Inc. is a California corporation doing
business in the state of California. [BN]
The Plaintiff is represented by:
Galen T. Shimoda, Esq.
Justin P. Rodriguez, Esq.
Erika R. C. Sembrano, Esq.
SHIMODA LAW CORP.
9401 East Stockton Boulevard, Suite 200
Elk Grove, CA 95624
Telephone: (916) 525-0716
Facsimile: (916) 760-3733
BUCKHEAD PARKING: 11th Cir. Appeal Filed in "Stewart" Case
----------------------------------------------------------
A petition was filed in the case of Michael Stewart, individually
and on behalf of all others similarly situated, Petitioner v.
Buckhead Parking Enforcement, LLC; Franchise Realty Interstate
Corporation; Suso3 Newnan LP; Slate Properties, LLC; and
McDonald's Corporation, Respondents, with the U.S. Court of
Appeals for the Eleventh Circuit, on May 3, 2018, and assigned
Case No. 18-90015.
The original case was filed with the U.S. District Court for the
Northern District of Georgia, with Case No. 2:18-cv-00035-RWS
(N.D. Ga., March 16, 2018).
Buckhead Parking Enforcement, LLC, is in the trailer parks and
campsites business. [BN]
The Plaintiff is represented by:
Robert Neil Friedman, Esq.
WERNER WETHERINGTON, PC
2860 Piedmont Rd Ne
Atlanta, GA 30305
Telephone: (404)991-3692
- and -
Nola D. Jackson, Esq.
WERNER WETHERINGTON, PC
2860 Piedmont Rd Ne
Atlanta, GA 30305
Telephone: (404)920-8583
- and -
Matthew Q. Wetherington, Esq.
WERNER WETHERINGTON, PC
2860 Piedmont Rd Ne
Atlanta, GA 30305
Telephone: (404) 564-4329
The Defendants are represented by:
David C. Abbott, Esq.
LAW OFFICE OF DAVID C. ABBOTT
38 Hampton St
Mcdonough, GA 30253
Telephone: (404) 514-5900
- and -
Justan Caleaf Bounds, Esq.
ROGERS & HARDIN, LLP
229 Peachtree St Ne
Atlanta, GA 30303-1601
Telephone: (404) 522-4700
- and -
Amanda Dawn Proctor, Esq.
CARLTON FIELDS JORDEN BURT, PA
1201 W Peachtree St Nw Ste 3000
Atlanta, GA 30309-3455
Telephone: (404) 815-3400
- and -
Justan Caleaf Bounds, Esq.
ROGERS & HARDIN, LLP
229 Peachtree St Ne
Atlanta, GA 30303-1601
Telephone: (404) 522-4700
- and -
Amanda Dawn Proctor, Esq.
CARLTON FIELDS JORDEN BURT, PA
1201 W Peachtree St Nw Ste 3000
Atlanta, GA 30309-3455
Telephone: (404) 815-3400
- and -
Justan Caleaf Bounds, Esq.
ROGERS & HARDIN, LLP
229 Peachtree St Ne
Atlanta, GA 30303-1601
Telephone: (404) 522-4700
- and -
Amanda Dawn Proctor, Esq.
CARLTON FIELDS JORDEN BURT, PA
1201 W Peachtree St Nw Ste 3000
Atlanta, GA 30309-3455
Telephone: (404) 815-3400
- and -
Lennon Haas, Esq.
TROUTMAN SANDERS, LLP
600 Peachtree St Ne Ste 3000
Atlanta, GA 30308
Telephone: (404)885-3719
C2 EDUCATIONAL: Fails to Pay OT to Teachers, "Cruz" Suit Alleges
----------------------------------------------------------------
SANDY CRUZ, individually and on behalf of all others similarly
situated, Plaintiff v. C2 EDUCATIONAL SYSTEMS, INC.; JW EDUCATION
C2, LLC, d/b/a C2 EDUCATION; and 1-50, Defendants, Case No.
BC704017 (Cal. Super., Los Angeles Cty., April 27, 2018) is an
action against the Defendants for failure to pay overtime wages,
minimum wages, provide meal periods or compensation in lieu of,
provide paid rest periods, timely furnish accurate itemized wage
statements.
Ms. Cruz was employed by the Defendants as a teacher at their
tutoring centers in California, from the year 2016 to 2017.
C2 Educational Systems, Inc. provides school subject tutoring,
SAT/ACT/PSAT/SSAT test preparation, and educational support
services in the United States. The company was founded in 1997
and is based in Duluth, Georgia. The company has franchise
locations in California, Florida, Georgia, Illinois, Maryland,
New Jersey, New York, North Carolina, Oregon, Pennsylvania,
Texas, Virginia, and Washington; and Vancouver, Canada. [BN]
The Plaintiff is represented by:
Jeremy F. Bollinger, Esq.
Dennis F. Moss, 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
E-mail: jeremy@mossbollinger.com
dennis@mossbollinger.com
ari@mossbollinger.com
CALIBER HOLDINGS: Underpays Painters, "Gonsalves" Suit Alleges
--------------------------------------------------------------
MICHAEL GONSALVES, individually and on behalf of all others
similarly situated, Plaintiff v. CALIBER HOLDINGS CORPORATION;
CALIBER COLLISION TRANSPORT SERVICES LLC; CALIBER BODYWORKS,
INC.; and DOES 1 through 100, Defendants, Case No. 37-2018-
00023356- CU-0E-CTL (Cal. Super., May 10, 2018) is brought
against the Defendants for failure to pay minimum and overtime
wages, rest period premium wages, and all wages owed to the
Plaintiff upon separation of employment.
Mr. Gonsalves was employed by the Defendants as a lead painter,
from April 2016 to April 2017.
Caliber Holdings Corporation operates as a holding company. The
Company, through its subsidiaries, provides auto repair services
such as paintless dent repair, auto glass, and vehicle
reassembly, as well as offers car rentals, insurance, towing, and
warranty services. Caliber operates throughout the United States.
[BN]
The Plaintiff is represented by:
Paul K. Haines, Esq.
Sean M. Blakely, Esq.
Daniel J. Brown, Esq.
HAINES LAW GROUP, APC
222 N. Sepulveda Blvd., Suite 1550
El Segundo, California 90245
Telephone: (424) 292-2350
Facsimile: (424) 292-2355
E-mail: phaines@haineslawgroup.com
sb1akely@haineslawgroup.com
dbrown@haineslawgroup.com
CARLOS SEGARRA: Fails to Pay Minimum Wages, "Galan" Suit Claims
---------------------------------------------------------------
ELIANA GALAN and CAROLINA GUERRERO, individually and on behalf of
all others similarly situated, Plaintiffs v. CARLOS SEGARRA;
LUZMILA SEGARRA; JUAN CARLOS SEGARRA; LUIS CAGUANA; SEGARRA
GROUP; CHIFLEZ CORP; and COSITAS RICAS ECUATORIANAS CORP. d/b/a
EL PEQUENO COFFEE SHOP, Defendants, Case No. 1:18-cv-02603-ENC-JO
(E.D.N.Y., May 2, 2018) seeks to recover unpaid minimum wage and
overtime compensation, liquidated damages, prejudgment and post-
judgment interest, and attorney's fees and costs.
Ms. Galan was employed by the Defendants as a non-exempt employee
from February 2015 to December 22, 2016.
Ms. Guerrero was employed by the Defendants as a non-exempt
employee from July 2017 to February 2017.
Cositas Ricas Ecuatorianas Corp. d/b/a El Pequeno Coffee Shop is
a domestic corporation organized under the law of the State of
New York, with a principal place of business at 86-10 Roosevelt
Avenue, Jackson Heights, NY 11372. [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
CAVIUM INC: Faces Multiple Class Suits Related to Merger
--------------------------------------------------------
Cavium, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 2, 2018, for the
quarterly period ended March 31, 2018, that the company is facing
multiple suits related to the merger with Marvell Technology
Group Ltd.
Four putative class actions challenging the Merger have been
filed on behalf of Cavium shareholders in the United States
District Court for the Northern District of California.
On January 2, 2018, a putative class action was filed by Scott
Fineberg (Fineberg v. Cavium et al.).
On January 8, 2018, a putative class action was filed by Tammy
Raul (Raul v. Cavium et al.).
Also, on January 8, 2018, a putative class action was filed by
Shiva Stein (Stein v. Cavium et al.).
Finally, on January 12, 2018, a putative class action was filed
by Jordan Rosenblatt (Rosenblatt v. Cavium et al.).
All four complaints assert claims for violation of section 14(a),
Rule 14a-9 and section 20(a) based on allegations that the
Registration Statement on Form S-4 filed by Marvell with the SEC
on December 21, 2017 omits material information. Two of the
complaints are filed against Cavium and its directors; the other
two complaints name those defendants as well as the Marvell
entities. All complaints also assert control person claims
against the members of Cavium's board of directors.
Cavium said, "We believe the allegations and claims asserted in
the complaints in the four putative class actions are without
merit, and we intend to vigorously defend our position."
A fifth putative class action challenging the Merger was filed on
January 29, 2018 in the Superior Court of California, Monterey
County, by Paul Berger ("the Plaintiff") on behalf of Cavium
shareholders (Berger v. Ali et al.). The Berger complaint asserts
claims for breach of fiduciary duty against Cavium and its
directors based on allegations that the Merger provides
shareholders insufficient value and that the proxy statement
omits material information.
On February 13, 2018, the plaintiff in the Berger action filed a
motion for a temporary restraining order, seeking to enjoin the
shareholder vote pending a hearing on a yet-to-be-filed
preliminary injunction motion.
On March 5, 2018, the company entered into a Memorandum of
Understanding (the "MOU") with the Plaintiff in the Lawsuit. In
the MOU, the Plaintiff acknowledged that the Lawsuit has become
moot because the Defendants disclosed additional information
sought by Plaintiff in his complaint in the Joint Proxy
Statement/Prospectus. The Plaintiff agreed to withdraw his
previously filed application for a temporary restraining order
seeking to enjoin the Proposed Merger and to dismiss the Lawsuit.
On March 5, 2018, the Plaintiff filed a stipulation with the
Superior Court of the State of California for the County of
Monterey (i) withdrawing his application for a temporary
restraining order and (ii) dismissing the claims asserted on his
behalf with prejudice and on behalf of the purported class of our
stockholders without prejudice.
As set forth in the stipulation, counsel for the Plaintiff has
reserved the right to seek an award of attorneys' fees and
reimbursement of expenses based on the creation of a benefit to
our shareholders through the disclosure of additional information
prompted by the pendency and prosecution of the Lawsuit.
Cavium said, "We have reserved the right to contest the amount of
any fee and expense petition that the Plaintiff may pursue. If
the parties cannot agree on a fee award for the Plaintiff's
counsel, the Superior Court of the State of California for the
County of Monterey will ultimately determine the amount of fee
award for the Plaintiff's counsel, if any. The fee award for the
Plaintiff's counsel will not affect the amount of merger
consideration to be paid by Marvell in connection with the
Proposed Merger."
Shareholders may file additional lawsuits challenging the Merger,
which may name the Company, Marvell Technology Group Ltd.,
members of the boards of directors of either party, or others as
defendants. No assurance can be made as to the outcome of such
lawsuits or the lawsuits described above, including the amount of
costs associated with defending these claims or any other
liabilities that may be incurred in connection with the
litigation of these claims. If plaintiffs are successful in
obtaining an injunction prohibiting the parties from completing
the Merger on the agreed-upon terms, such an injunction may delay
the completion of the Merger in the expected timeframe, or may
prevent the Merger from being completed altogether.
Cavium, Inc. is a provider of highly integrated semiconductor
processors that enable intelligent processing for wired and
wireless infrastructure and cloud for networking, communications,
storage and security applications. The company sells its products
to networking original equipment manufacturers, or OEMs, that
sell into the enterprise, datacenter, service provider, broadband
and consumer markets. The company is based in San Jose,
California.
CENTURY FINANCIAL: Appeals Court Reverses Class Claims Dismissal
----------------------------------------------------------------
Sam Knef, writing for St. Louis Record, reports that the Missouri
Court of Appeals, Western District has reversed a Clay County
Circuit Court ruling that had dismissed class action claims
against Century Financial Group and other lenders.
In an order filed April 24, a three-judge panel found that the
claims of second mortgage loan borrowers were not barred by a
statute of limitations in a case that had been certified as a
class in 2003.
According to the ruling, the case has a "long and complicated
history." Background information in the ruling indicates
borrowers -- which included class representatives James and Jill
Baker, Jeffrey and Michelle Cox and William and Linda Springer --
filed suit in 2000 over loans originating in 1997.
In a fourth amended petition filed in 2004, the borrowers claimed
that lenders violated the Missouri Second Mortgage Loan Act
(MSMLA), and continued to violate it by charging and/or receiving
interest and principal on loans, which included portions of
"illegal settlement charges" that had been financed as part of
principal loan amounts.
Relief sought by the class included recovery of all excessive
loan origination and other fees they were charged with the
Century Financial Group loans and all interest paid or would be
paid. They further sought prejudgment interest, punitive damages
and fees.
Because of an 8th Circuit Court of Appeals ruling holding that a
three-year statute of limitation applies in MSMLA claims, the
Clay County court granted summary judgment and dismissed some of
the defendants from the case in 2016.
The borrowers asked the court to enter final judgment on their
claims and stay the remainder of the class action pending their
appeal of the court's 2016 ruling.
In the meantime, Chase moved for summary judgment raising the
statute of limitations defense, which was granted. The borrowers
appealed.
Appellate Judges Thomas H. Newton, Victor C. Howard and Karen
King Mitchell ruled for borrowers.
In part, they held that, "[W]e reject the 8th Circuit's
conclusion...Because the plain language of the statute indicates
that it applies whenever a suit is filed against a moneyed
corporation, and here, the defendants were all moneyed
corporations, the six-year statute of limitations applies."[GN]
CENTURYLINK INC: Malueg Sues over Poor Customer Service
-------------------------------------------------------
Jason Malueg, individually and on behalf of all others similarly
situated, Plaintiff v. Centurylink, Inc., Defendant, Case No.
1:18-cv-00725-WCG (E.D. Wis., May 9, 2018) alleges that the
Defendant is running an aggressive boiler room sales operation
and a sham customer service process.
The Plaintiff alleges that the Defendant employed its hyper-
aggressive sales model across its call centers, where "customer
service representatives" were actually sales employees, well-
trained to meet draconian sales quotas and revenue targets
through any means necessary. The Defendant's chosen business
model yielded predictable results by encouraging and rewarding
deceptive and other unlawful conduct. Thousands of its customers
have complained of virtually uniform treatment by the Defendant's
sales, billing, and customer service departments.
Specifically, customers have routinely reported: (1) being
promised one rate during the sales process but being charged a
higher rate when actually billed; and (2) being charged
unauthorized fees, including billing for services not ordered,
for fake or duplicate accounts, for services ordered but never
delivered, for services that were canceled, for equipment that
was properly returned, and for early termination fees.
When customers complained, and many thousands have, the Defendant
not only encouraged but rewarded its agents to deny remedying the
wrongful charges and keep as much of the overcharges in the
Defendant as possible.
To retain those overcharges, the Defendant had a pervasive and
persistent practice of denying that original prices quoted had
ever in fact been quoted, that the prices or services previously
offered were impossible to provide, refusing to honor price
promises, denying that returned modems had in fact been returned,
claiming that the company's computer systems did not show what
customers had been promised, blaming the computer system for
making accounts inaccessible, and threatening that any attempt to
cancel service would result in termination fees.
CenturyLink, Inc. (NYSE: CTL) is a telecommunications company. It
is a Louisiana corporation, headquartered in Monroe, Louisiana.
The Company describes itself as "the second largest U.S.
telecommunications provider to global enterprise customers . . .
[w]ith customers in more than 60 countries and an intense focus
on the customer experience." The Company purports to provide
communications and data service to residential, business,
governmental, and wholesale customers in 37 states.[BN]
The Plaintiff is represented by:
Anne T. Regan, Esq.
Richard M. Hagstrom, Esq.
Nicholas S. Kuhlmann, Esq.
Jason Raether, Esq.
HELLMUTH & JOHNSON, PLLC
8050 West 78th Street
Edina, MN 55439
Telephone: (952) 941-4005
Facsimile: (952) 941-2337
E-mail: rhagstrom@hjlawfirm.com
aregan@hjlawfirm.com
nkuhlmann@hjlawfirm.com
jraether@hjlawfirm.com
CHAMPION PETFOODS: Simpson Sues over Contaminated Dog Food
----------------------------------------------------------
Tracy Simpson and Danika Lolles, individually and on behalf of
all others similarly situated, Plaintiffs v. Champion Petfoods
USA Inc., and Champion Petfoods LP, Defendants, Case No. 2:18-cv-
00074-WOB-CJS (E.D. Ky., May 3, 2018) alleges that due to the
Defendant's misrepresentations, Plaintiffs and the class members
were harmed by paying for the advertised dog food products and
receiving only an inferior and contaminated product.
The Defendants sells a variety of premium-priced dog food
throughout the U.S. Their dry dog food products are sold under
the "Orijen" and "Acana" brand names. The Defendants' packaging
prominently states that the Products are "Biologically
Appropriate" and contain "fresh, regional ingredients."
The Defendants' packaging further represents that Orijen
"features FRESH, RAW or DEHYDRATED ingredients, from minimally
processed poultry, fish and eggs that are deemed fit for human
consumption prior to inclusion in our foods." Consumers pay a
premium for what the Defendants advertises and labels as a
premium product. A 25-pound bag of "Orijen Original Biologically
Appropriate Dog Food" can cost $80 or more -- up to four times
the price of national brand competitors.
Contrary to the Defendants' representations regarding the
Products, the Products contain excessive levels of harmful heavy
metals, including arsenic, lead, cadmium, and mercury.
Champion Petfoods USA Inc. is incorporated in Delaware. Champion
Petfoods USA Inc.'s headquarters is in Auburn, Kentucky. [BN]
The Plaintiff is represented by:
Robert R. Sparks, Esq.
Richard S. Wayne, Esq.
Joseph J. Braun, Esq.
STRAUSS TROY
150 East Fourth Street
Cincinnati, OH 45202-4018
Telephone: (513) 621-2120
Facsimile: (513) 629-9426
E-mail: rrsparks@strausstroy.com
rswayne@strausstroy.com
jjbraun@strausstroy.com
- and -
Phyllis E. Brown, Esq.
Adam S. Brown, Esq.
BROWN LAW FIRM LLC
250 East 5th Street, Suite 1500
Cincinnati, OH 45202
Telephone: (513) 878-2700
Facsimile: (513) 241-6464
E-mail: pbrown@blfohio.com
abrown@blfohio.com
- and -
Ben Barnow, Esq.
Erich P. Schork, Esq.
BARNOW AND ASSOCIATES, P.C.
One North LaSalle Street, Suite 4600
Chicago, IL 60602
Telephone: (312) 621-2000
Facsimile: (312) 641-5504
E-mail: b.barnow@barnowlaw.com
e.schork@barnowlaw.com
CHARTER COMMUNICATIONS: Fails to Pay OT, "Rochester" Suit Says
--------------------------------------------------------------
KEITH ROCHESTER, individually and on behalf of all others
similarly situated, Plaintiff v. CHARTER COMMUNICATIONS, LLC;
CHARTER COMMUNICATIONS, INC.; SPECTRUM MANAGEMENT HOLDING
COMPANY, LLC; TWC ADMINISTRATION, LLC; DOES 1-10, Defendants,
Case No. BC705959 (Cal. Super., Los Angeles Cty., May 11, 2018)
is brought against the Defendant for failure to pay all wages,
overtime compensation, wages at the time of termination, furnish
accurate itemized wage statement upon payment of wages, in
violation of the Fair Labor Standards Act.
The Plaintiff Rochester was employed by the Defendants as
customer service representative from April 2015 to July 2017.
Charter Communications LLC provides broadband communications
services. The Company offers traditional cable video programming,
high-speed Internet access, telephone services, advanced
broadband services including high definition television service,
and digital video recorder service to residential and commercial
customers. [BN]
The Plaintiff is represented by:
Marcus J. Bradley, Esq.
Kiley L. Grombacher, Esq.
Taylor L. Emerson, Esq.
BRADLEY GROMBACHER, LLP
2815 Townsgate Road, Suite 130
Westlake Village, CA 91361
Tel: (805) 270-7100
Fax: (805) 270-7589
E-mail: mbradley@bradleygrombacher.com
kgrombacher@ bradleygrombacher.com
CHATSWORTH HEALTH: Faces "Stone" Suit over Gender Discrimination
----------------------------------------------------------------
LOREN STONE, individually and on behalf of all others similarly
situated, Plaintiff v. CHATSWORTH HEALTH FITNESS, LLC; DOES 1
THROUGH 100, Inclusive, Defendants, Case No. BC705659 (Cal.
Super., Los Angeles Cty., May 11, 2018) alleges violation of the
Gender Tax Repeal Act.
The complaint alleges that the Defendants provide greater goods
and services accommodation to female patrons that it did to the
Plaintiff, or lesser goods and services to the Plaintiff than it
did to female patrons, all on account of the Plaintiff's gender.
Charter Communications LLC provides broadband communications
services. The Company offers traditional cable video programming,
high-speed Internet access, telephone services, advanced
broadband services including high definition television service,
and digital video recorder service to residential and commercial
customers. [BN]
The Plaintiff is represented by:
David Greifinger, Esq.
LAW OFFICES OF DAVID GREIFINGER
15515 Sunset Blvd., No. 214
Pacific Palisades, CA 90272
Tel: (434) 330-0193
Fax: (831) 920-4864
E-mail: tracklaw@me.com
- and -
Howard A. Goldstein, Esq.
LAW OFFICES OF HOWARD A. GOLDSTEIN, APLC
9903 Santa Monica Blvd., Suite 411
Beverly Hills, CA 90212
Tel: (818) 981-1010
Fax: (818) 981-1311
E-mail: lohag@att.net
- and -
Kenneth M. Lipton, Esq.
5900 Sepulveda Blvd., Suite 400
Van Nuys, CA 91411-2580
Tel: (818) 780-3562
CHINACACHE INT'L: Rosen Law Firm Reaches Class Action Settlement
----------------------------------------------------------------
The Rosen Law Firm, P.A. disclosed that the United States
District Court for the Central District of California has
approved the following announcement of a proposed class action
settlement that would benefit purchasers of American Depository
Shares of ChinaCache International Holdings Ltd. (NASDAQ:CCIH):
Summary Notice Of Pendency And Proposed Class Action Settlement
TO: ALL PERSONS WHO PURCHASED OR OTHERWISE ACQUIRED CHINACACHE
INTERNATIONAL HOLDINGS LTD. ("CHINACACHE") AMERICAN DEPOSITARY
SHARES ("ADS") FROM MARCH 27, 2015 THROUGH AUGUST 20, 2015,
INCLUSIVE.
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United
States District Court for the Central District of California,
that a hearing will be held on August 13, 2018, at 12:00 p.m.
before the Honorable Christina A. Snyder, United States District
Judge of the United States District Court for the Central
District of California, First Street Federal Courthouse, 350 W.
First Street, Courtroom 8D, 8th Floor, Los Angeles, CA 90012, for
the purpose of determining:
(1) whether the proposed Settlement of the claims in the above-
captioned Action for consideration including the sum of $990,000
should be approved by the Court as fair, reasonable, and
adequate;
(2) whether the proposed plan to distribute the Settlement
proceeds is fair, reasonable, and adequate;
(3) whether the application of Lead Counsel for an award of
attorneys' fees of up to one-quarter of the Settlement Amount,
reimbursement of expenses of not more than $30,000, and an
incentive payment of no more than $2,500 to Lead Plaintiff,
should be approved; and
(4) whether this Action should be dismissed with prejudice as
set forth in the Stipulation and Agreement of Settlement dated
March 27, 2018 (the "Stipulation").
If you purchased ChinaCache ADS during the period from March 27,
2015 through August 20, 2015, inclusive (the "Settlement Class
Period"), your rights may be affected by this Settlement,
including the release and extinguishment of claims you may
possess relating to your ownership interest in ChinaCache ADS.
If you have not received a postcard providing instructions for
receiving a detailed Notice of Pendency and Proposed Settlement
of Class Action ("Notice") and a copy of the Proof of Claim and
Release Form ("Proof of Claim"), you may obtain copies by writing
to or calling ChinaCache International Holdings Ltd. Securities
Litigation, c/o Strategic Claims Services, 600 N. Jackson St.,
Ste. 205, P.O. Box 230, Media, PA 19063; (Tel) (866) 274-4004;
(Fax) (610) 565-7985; info@strategicclaims.net, or going to the
website, www.strategicclaims.net. If you are a member of the
Settlement Class, to share in the distribution of the Net
Settlement Fund, you must submit a Proof of Claim to the Claims
Administrator, postmarked no later than July 24, 2018,
establishing that you are entitled to recovery. Unless you
submit a written exclusion request, you will be bound by any
judgment rendered in the Action whether or not you make a claim.
If you desire to be excluded from the Settlement Class, you must
submit a request for exclusion in the manner and form explained
in the Notice to the Claims Administrator so that it is received
no later than July 5, 2018. All members of the Settlement Class
who have not requested exclusion from the Settlement Class will
be bound by any judgment entered in the Action.
Any objection to the Settlement, Plan of Allocation, or Lead
Counsel's request for an award of attorneys' fees and
reimbursement of expenses and award to Lead Plaintiffs must be in
the manner and form explained in the Notice and received no later
than July 13, 2018, to each of the following:
Clerk of the Court
United States District Court
Central District of California
First Street Federal Courthouse
350 W. First Street, Suite 4311
Los Angeles, CA 90012
LEAD COUNSEL:
Jacob A. Goldberg, Esq.
The Rosen Law Firm, P.A.
101 Greenwood Avenue, Suite 440
Jenkintown, PA 19046
Email: jgoldberg@rosenlegal.com
COUNSEL FOR CHINACACHE:
Peter B. Morrison, Esq.
Virginia F. Milstead, Esq.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
300 South Grand Avenue
Los Angeles, California 90071-3144
Email: peter.morrison@skadden.com
virginia.milstead@skadden.com
If you have any questions about the Settlement, you may call or
write to Lead Counsel:
Jacob A. Goldberg, Esq.
Keith R. Lorenze, Esq.
The Rosen Law Firm, P.A.
101 Greenwood Avenue, Suite 440
Jenkintown, PA 19046
Telephone: 215-600-2817
Email: jgoldberg@rosenlegal.com
klorenze@rosenlegal.com [GN]
CINAR FOODS: Doesn't Pay Wages to Chef, "Ucar" Suit Alleges
-----------------------------------------------------------
Yilmaz Ucar, individually and on behalf of all others similarly
situated, Plaintiff v. CINAR FOODS INC. d/b/a Cinar Turkish
Restaurant 1 Cliffside Park; ATOS FOOD LLC d/b/a Cinar Turkish
Restaurant 2 West Caldwell; CINAR EMERSON LLC d/b/a Cinar Turkish
Restaurant 3 Emerson; TUNC OZLU; ADEM BASKAYA; and GERMEN TATAR,
Defendants, Case No. Case 2:18-cv-08506-KM-MAH (D.N.J., April 27,
2018) seeks to recover unpaid minimum wage, unpaid overtime,
unpaid wages, liquidated damages, and attorney's fees and costs.
The Plaintiff Ucar was employed by the Defendants as an executive
chef from May 2015 to December 1, 2017.
Cinar Foods Inc d/b/a Cinar Turkish Restaurant 1 Cliffside Park
is a domestic for-profit corporation organized under the laws of
the State of New Jersey, with a principle place of business
Cliffside Park, New Jersey. [BN]
The Plaintiff is represented by:
Robert D. Salaman, Esq.
AKIN LAW GROUP PLLC
45 Broadway, Suite 1420
New York, NY 10006
Telephone: (212) 825-1400
E-mail: rob@akinlaws.com
CITIBANK NA: Faces "Denke" Suit over Cryptocurrency Purchases
-------------------------------------------------------------
Ryan Denke, individually and on behalf of all others similarly
situated, Plaintiff v. Citibank, N.A., Defendant, Case No.
1:18-cv-04133-RA (S.D.N.Y., May 8, 2018) a refund of all cash
advance-related charges and interest levied against them by
Citibank in connection with their cryptocurrency purchases.
Plaintiff alleges that the Defendant did not attempt to notify
him before he executed his cryptocurrency purchase in February
2018, that such purchase would be treated as a "Cash Advance"
rather than a "Purchase" under his credit card. Had the Plaintiff
known that the Defendant was going to begin treating his
customary purchases as cash advances, then the Plaintiff would
not have used his Citibank credit card to buy cryptocurrency
after the Defendant's commencement of treating such purchases as
Cash Advances, and would not have incurred or been forced to pay
the cash advance fees and interest charges that the Defendant
levied against him.
Citibank, N.A. provides commercial and consumer banking products
and services. Citibank, N.A. was formerly known as First National
City Bank and changed its name to Citibank, N.A. in March 1976.
The company was founded in 1812 and is based in Sioux Falls,
South Dakota with locations and offices worldwide. Citibank, N.A.
operates as a subsidiary of Citicorp. [BN]
The Plaintiff is represented by:
Lori G. Feldman., Esq.
GERAGOS & GERAGOS, APC
7 West 24th Street
New York, NY 10010
Telephone: (213) 625-3900
Facsimile: (213) 232-3255
E-mail: lori@geragos.com
- and -
Mark J. Geragos, Esq.
Ben J. Meiselas, Esq.
GERAGOS & GERAGOS, APC
Historic Engine Co. No. 28
644 South Figueroa Street
Los Angeles, CA 90017
Telephone: (213) 625-3900
Facsimile: (213) 232-3255
E-mail: geragos@geragos.com
meiselas@geragos.com
- and -
Christopher A. Seeger, Esq.
Stephen A. Weiss, Esq.
SEEGER WEISS LLP
77 Water Street, 8th Floor
New York, NY 10005
Telephone: (212) 584-0700
Facsimile: (212) 584-0799
E-mail: cseeger@seegerweiss.com
sweiss@seegerweiss.com
CITIMED MANAGEMENT: Fails to Pay OT, "Jimenez" Suit Alleges
-----------------------------------------------------------
Joel Jimenez, Individually, and on behalf of all others similarly
situated, Plaintiff v. Citimed Management Services Inc.,
Defendant, Case No. 706258/2018 (N.Y. Sup., Queens Cty., April
23, 2018) seeks to recover unpaid overtime wages, liquidated
damages, and attorneys' fees and costs.
Mr. Jimenez was employed by the Defendants as a manual worker
from January 2016 to March 23, 2018.
Medical Management Services Inc. provides billing services for
physician practices. Medical Management Services Inc. was
formerly known as PAC-DATA Systems and changed its name to
Medical Management Services Inc. in April 1982. The company was
founded in 1979 and is based in Amherst, New York. [BN]
The Plaintiff is represented by:
Abdul K. Hassan, Esq.
ABDUL HASSAN LAW GROUP, PLLC
215-28 Hillside Avenue
Queens Village, NY 11427
Tel: (718) 740-1000
Fax: (718) 355-9668
E-mail: abdul@abdulhassan.com
CLEARPATH LENDING: Removes "Horton" Suit to D. Minnesota
--------------------------------------------------------
The Defendant in the case of Larry Dean Horton, individually and
on behalf of all others similarly situated, Plaintiff v.
ClearPath Lending, Inc., Defendant, Case No. 27-CV-18-5480, filed
a notice to remove the lawsuit from the District Court of the
State of Minnesota, Hennepin County (Case No. 27-CV-18-5480) to
the U.S. District Court of the District of Minnesota and assigned
Case No. 0:18-cv-01146-PJS-KMM (D. Minn., April 27, 2018). The
case was assigned to Judge Patrick J. Chiltz and referred to
Magistrate Judge Katherine M. Menendez.
ClearPath Lending is a mortgage lender offering a wide variety of
home mortgage loan products including VA, FHA, and Conventional
loans. [BN]
The Plaintiff is represented by:
Brittany McCormick, Esq.
MID MINNESOTA LEGAL AID
430 First Ave North, Suite 300
Minneapolis, MN 55401
Telephone: (612) 746-3607
Facsimile: (612) 746-3607
E-mail: bmccormick@mylegalaid.org
- and -
Elizabeth Christie Goodell, Esq.
MID MINNESOTA LEGAL AID
430 1st Ave. N., Suite 300
Minneapolis, MN 55401
Telephone: (612) 746-3603
Facsimile: (612) 746-3603
E-mail: bgoodell@mylegalaid.org
- and -
Marisa C Katz, Esq.
TESKE KATZ KITZER & ROCHEL, PLLP
222 S Ninth Street, Suite 4050
Minneapolis, MN 55402
Telephone: (612) 746-1558
E-mail: katz@tkkrlaw.com
- and -
Vildan A Teske, Esq.
TESKE KATZ KITZER & ROCHEL, PLLP
222 South Ninth Street, Suite 4050
Minneapolis, MN 55402
Telephone: (612) 746-1558
E-mail: teske@tkkrlaw.com
The Defendant is represented by:
Allyson B Baker, Esq.
VENABLE LLP
600 Massachusetts Ave, NW
Washington, DC 20001
Telephone: (202) 344-4708
Facsimile: (202) 344-8300
E-mail: abaker@venable.com
- and -
Barbara P Berens, Esq.
Erin K Fogarty Lisle, Esq.
BERENS & MILLER, PA
80 S 8th St., Ste 3720
Mpls, MN 55402
Telephone: (612) 349-6171
Facsimile: (612) 349-6416
E-mail: bberens@berensmiller.com
elisle@berensmiller.com
- and -
Daniel Scott Blynn, Esq.
Meredith L Boylan, Esq.
VENABLE LLP
600 Massachusetts Avenue, NW
Washington, DC 20001
Telephone: (202) 344-4000
E-mail: dsblynn@venable.com
mlboylan@venable.com
CLIENT SERVICES: Booker Sues over Debt Collection Practices
-----------------------------------------------------------
Wilneka Booker, individually and on behalf of all others
similarly situated, Plaintiff v. Client Services, Inc., and John
Does 1-25, Defendant, Case No. Case: 1:18-cv-03414 (N.D. Ill.,
May 14, 2018) seeks to stop the Defendants' unfair and
unconscionable means to collect a debt.
Client Services, Inc. operates as a customer relationship
management company that offers a suite of accounts receivable
management, business processing outsourcing (BPO), and healthcare
solutions. Client Services, Inc. was founded in 1987 and is based
in Saint Charles, Missouri with additional locations in Lenexa,
Kansas, as well as Costa Rica. [BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
RC LAW GROUP, PLLC
285 Passaic Street
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
COMPASS GROUP: Underpays Supervisors, "Valladres" Suit Claims
-------------------------------------------------------------
NATALIE VALLADRES, individually and all others similarly
situated, Plaintiff v. COMPASS GROUP USA, INC. d/b/a LEVY
RESTAURANTS AT AMERICAN AIRLINES ARENA, Defendant, Case No.
71363107 (Fla. Cir., Miami-Dade Cty., April 27, 2018) is an
action brought by the Plaintiff against the Defendant for unpaid
wages and retaliation under the Fair Labor Standards Act.
The Plaintiff Valladres was employed by the Defendant as a non-
exempt supervisor from November 2015 to January 2018.
Compass Group USA, Inc. retails prepared foods and drinks for
on-premise consumption. The Company offers catering, dining, and
support services for foodservice events. Compass Group USA serves
hotels, restaurants, education, and industrial sectors. [BN]
The Plaintiff is represented by:
Jason Remer, Esq.
REMER & GEORGES-PIERRE, PLLC
44 West Flagler St., Suite 2200
Miami, FL 33130
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
E-mail: jremer@rgpattorneys.com
CONVERGENT OUTSOURCING: Made Unsolicited Calls, Sheean Suit Says
----------------------------------------------------------------
Michael Sheean, individually and on behalf of all others
similarly situated, Plaintiff v. Convergent Outsourcing, Inc.,
Defendant, Case No. 2:18-cv-11532-GCS-RSW (E.D. Mich., May 15,
2018) alleges that the Defendant has made unsolicited calls in
violation of the Telephone Consumer Protection Act.
According to the complaint, the Defendant used an automatic
telephone dialing system to place non-emergency calls to
telephone numbers assigned to a cellular telephone service
without prior express consent; the Defendant places autodialed
and prerecorded or artificial voice calls to wrong or reassigned
cellular telephone numbers; and the Defendant continues to place
autodialed and prerecorded or artificial voice calls to cellular
telephone numbers after being told by call recipients to stop
future calls.
Convergent Outsourcing, Inc. offers business process outsourcing,
revenue cycle, and receivables management services. Convergent
Outsourcing, Inc. was formerly known as ER Solutions, Inc. and
changed the name to Convergent Outsourcing, Inc. in November,
2011. The company was founded in 1972 and is based in Atlanta,
Georgia, with additional facilities in Glendale, Arizona; Renton,
Washington; Houston, Texas; and Montgomery, Alabama. Convergent
Outsourcing, Inc. operates as a subsidiary of Convergent
Resources Holdings, LLC. [BN]
The Plaintiff is represented by:
Aaron D. Radbil, Esq.
GREENWALD DAVIDSON RADBIL PLLC
106 East Sixth Street, Suite 913
Austin, TX 78701
Telephone: (512) 322-3912
Facsimile: (561) 961-5684
E-mail: aradbil@gdrlawfirm.com
- and -
Michael L. Greenwald, Esq.
James L. Davidson, Esq.
GREENWALD DAVIDSON RADBIL PLLC
5550 Glades Road, Suite 500
Boca Raton, FL 33431
Telephone: (561) 826-5477
Facsimile: (561) 961-5684
E-mail: mgreenwald@gdrlawfirm.com
jdavidson@gdrlawfirm.com
- and -
Andrew Campbell, Esq.
1000 Beach Street, Suite B West Entrance
Flint, MI 48502
Telephone: (810) 232-4344
E-mail: michiganbk@gmail.com
CREST PUMPING: Unpaid Award to Workers Reversed by 5th Cir.
-----------------------------------------------------------
P.J. D'Annunzio, writing for Texas Lawyer, reports that a jury
verdict in favor of former employees of an oil well construction
company claiming they were denied overtime has been thrown out by
a federal appeals court.
The U.S. Court of Appeals for the Fifth Circuit vacated the
jury's verdict and ruled in favor of defendant Crest Pumping
Technologies. The court held that the federal magistrate judge
overseeing the case improperly placed the burden of proof on the
applicability of the SAFETEA-LU Technical Corrections Act on
Crest.
According to Fifth Circuit Judge Catharina Haynes, who wrote the
court's May 16 opinion, the lead plaintiffs of the putative class
action, Scot Carley and Brandon Brown, were cementers for Crest
who alleged they were not adequately compensated with overtime
pay.
Crest argued cementers were exempt from overtime pay under the
Motor Carriers Act, as cementers used Ford F-350 trucks during
the course of their duties. During the litigation, the weight of
such vehicles became an issue, and the plaintiffs, according to
the court, had not refuted Crest's evidence that their vehicles
had a gross vehicle weight rating (GVWR) of 11,500 pounds, and
thus "no reasonable juror could conclude that plaintiffs were not
subject to the MCA exemption."
The argument in the case shifted from the gross weight of the
vehicles to whom should bear the burden of proof as to whether
the Corrections Act provided an exception to the MCA exemption.
Ultimately the magistrate judge placed that burden on Crest.
"The MCA exemption to FLSA overtime requirements appears at 29
U.S.C. Sec 213(b)(1), which exempts employees subject to
Secretary of Transportation standards from overtime compensation.
The Supreme Court has reasoned that the purpose of the MCA
exemption was primarily to ensure that operators of vehicles
affecting highway safety were regulated by an entity with a
greater understanding of the particular safety concerns," Haynes
explained.
She continued, "After June 6, 2008, the Corrections Act went into
effect, designating a class of employees to which the MCA
exemption does not apply. That class includes 'covered
employees,' who are those employees: (1) who [are] employed by a
motor carrier or motor private carrier . . . ; (2) whose work, in
whole or in part, is defined -- (A) as that of a driver,
driver's helper, loader, or mechanic; and (B) as affecting the
safety of operation of motor vehicles weighing 10,000 pounds or
less in transportation on public highways in interstate or
foreign commerce, . . . ; and (3) who perform[] duties on motor
vehicles weighing 10,000 pounds or less."
As it applies to this case, Haynes said the Corrections Act is
unclear about the burden of proving whether the vehicles weigh
10,000 pounds or less, and there is a lack of precedent on the
issue.
"The Corrections Act was codified under 29 U.S.C. Sec 207, which
sets out FLSA standards that Plaintiffs bear the burden of
proving lack of compliance by an employer. In other words, the
Corrections Act defines a 'covered employee' in a statute
subsection under which the plaintiff has the burden of proof for
FLSA coverage," Haynes said. "Although an employer more logically
should bear the burden of proving an exemption from FLSA, here,
the disputed provision is not codified as an exemption but,
rather, under the provision defining when FLSA mandates overtime
pay. This statutory structure indicates that the Corrections Act
is not meant to be read in the same way as exclusionary language
within a FLSA exemption."
Adam W. Hansen, Esq., of Apollo Law represents the plaintiffs.
Jennifer Lynn Anderson, Esq., of Jones Walker represents Crest.
Neither responded to requests for comment.[GN]
CVS PHARMACY: Sunscreen Product Has Inflated SPF, Forouzesh Says
----------------------------------------------------------------
ALEXANDER FOROUZESH, individually and on behalf of all others
similarly situated, Plaintiff v. CVS PHARMACY, INC. and DOES
1-25, Defendants, Case No. 2:18-cv-04090-ODW-AFM (C.D. Cal., May
16, 2018) asserts that the Defendant claim its "CVS Sport 100+
Product is equipped with Board-Spectrum UVA and UVB protection".
The Defendants were aware, for years that CVS Sport 100+
sunscreen product does not contain the UV protection that the
Defendants advertise, leading the Plaintiff and Class members to
trust on a product, which contains inaccurate and significantly
inflated SPF number that does not perform as advertised.
CVS Pharmacy, Inc., a retail pharmacy, operates a chain of
CVS/pharmacy and Longs Drug stores in the United States. CVS
Pharmacy, Inc. was formerly known as CVS, Inc. and changed its
name to CVS Pharmacy, Inc. in February 1997. The company was
incorporated in 1969 and is based in Woonsocket, Rhode Island.
CVS Pharmacy, Inc. operates as a subsidiary of CVS Health
Corporation. [BN]
The Plaintiff is represented by:
Justin Farahi, Esq.
Raymond M. Collins, Esq.
FARAHI LAW FIRM, APC
22760 Hawthorne Boulevard, Suite 230
Torrance, CA 90505
Telephone: (310) 774-4500
Facsimile: (424) 295-0557
Email: justin@farahilaw.com
raymond@farahilaw.com
DATWYLER PHARMA: Underpays Mill Workers, "Furgus" Suit Says
-----------------------------------------------------------
KIRLON FURGUS, individually and on behalf of all others similarly
situated, Plaintiff v. DATWYLER PHARMA PACKAGING USA, INC.,
Defendant, Case No. 1:18-cv-08974-JBS-JS (D.N.J., May 8, 2018) is
an action against the Defendants for failure to pay overtime
wages, at the rate of one and one half times the regular rate of
pay, for all time worked in excess of 40 hours in any given week.
The Plaintiff Furgus was employed by the Defendant as a mill
worker from June 2007 to August 2017.
Datwyler Pharma Packaging USA, Inc. is headquartered in
Pennsauken, New Jersey. [BN]
The Plaintiff is represented by:
Andrew I. Glenn, Esq.
Jodi J. Jaffe, Esq.
JAFFE GLENN LAW GROUP, P.A.
301 N. Harrison Street, Suite 9F, Suite 306
Princeton, NJ 08540
Telephone: (201) 687-9977
Facsimile: (201) 595-0308
E-mail: AGlenn@JaffeGlenn.com
JJaffe@JaffeGlenn.com
DAVI TRANSPORTATION: Underpays Drivers, Gaither et al. Allege
-------------------------------------------------------------
TREKELL GAITHER; WHITNEY DAVIS; WAYNE FLEMMING; CRYSTAL
KENDRICKS; and ROBERT LEMON, individually and on behalf of all
others similarly situated, Plaintiffs v. DAVI TRANSPORTATION
SERVICES, LLC; JAMES DAVIS; and TRANSDEV SERVICES, INC. f/k/a
VEOLIA TRANSPORTATION SERVICES, INC., Defendants, Case No. 1:18-
cv-01447-ELH (D. Md., May 17, 2018) is an action against the
Defendants for failure to pay minimum wages and overtime
compensation, in violation of the Fair Labor Standards Act.
Ms. Gaitner was employed by the Defendants as a paratransit
driver from March 2017 to May 2017.
Ms. Davis was employed by the Defendants as a paratransit driver
from April 2017 to May 2017.
Mr. Flemming was employed by the Defendants as a paratransit
driver from April 2015 to August 2017.
Ms. Kendricks was employed by the Defendants as a paratransit
driver from September 2015 to February 2016, and again from
November 2016 to March 2017.
Mr. Lemon was employed by the Defendants as a paratransit driver
from August 2015 to September 2017.
Davi Transportation Services, LLC is a for-profit Maryland
corporation with its principal place of business in Maryland.
[BN]
The Plaintiff is represented by:
David Rodwin, Esq.
Sally Dworak-Fisher, Esq.
THE PUBLIC JUSTICE CENTER
One North Charles Street, Suite 200
Baltimore, MD 21201
Telephone: (410) 625-9409
Facsimile: (410) 625-9423
E-mail: rodwind@publicjustice.org
dworak-fishers@publicjustice.org
- and -
Sally Abrahamson, Esq.
OUTTEN & GOLDEN LLP
601 Massachusetts Avenue NW, Suite 200W
Washington, DC 20001
Telephone: (202) 847-4400
Facsimile: (646) 509-2078
E-mail: sabrahamson@outtengolden.com
DGVA INTERNATIONAL: Underpays Delivery Drivers, Fontil Says
-----------------------------------------------------------
MILLIACE FONTIL, individually and on behalf of all others
similarly situated, Plaintiff v. DGVA INTERNATIONAL BAKERY, LLC,
Defendant, Case No. 0:18-cv-61113-JEM (S.D. Fla., May 17, 2018)
seeks to recover unpaid overtime wages and money damages pursuant
to the Fair Labor Standards Act.
The Plaintiff Fontil was employed by the Defendant as delivery
driver from May 17, 2015 to October 10, 2017.
DGVA International Bakery, LLC managed, owned and operated a
business for profit in Broward County, Florida. [BN]
The Plaintiff is represented by:
Jonathan S. Minick, Esq.
JONATHAN S. MINICK, P.A.
1850 SW 8th Street, Suite 307
Miami, Florida 33135
Telephone: (786) 441-8909
Facsimile: (786) 523-0610
E-mail: jminick@jsmlawpa.com
DIVERSIFIED ADJUSTMENT: Webber Alleges Wrongful Debt Collections
----------------------------------------------------------------
Shanicka Webber, individually and on behalf of all others
similarly situated, Plaintiff v. Diversified Adjustment Service,
Inc., Defendant, Case No. 1:18-cv-03331 (N.D. Ill., May 9, 2018)
seeks to stop the Defendant's unfair and unconscionable means to
collect a debt.
Diversified Adjustment Service, Inc., doing business as DAS,
operates as an accounts receivable management company in America.
It provides third-party debt collection services and credit
bureau reporting to companies. The company's services include
pre-collect demand letters, skip-tracing, and receivables
management. Its services also include automated debt recovery,
predictive dialing technology, integration, and online access.
The company was founded in 1981 and is based in Coon Rapids,
Minnesota. [BN]
The Plaintiff is represented by:
Celetha Chatman, Esq.
Michael Jacob Wood, Esq.
COMMUNITY LAWYERS GROUP, LTD.
73 W. Monroe Street
Suite 502
Chicago, IL 60603
Telephone: (312) 757-1880
E-mail: cchatman@communitylawyersgroup.com
mwood@communitylawyersgroup.com
DIVERSIFIED RECOVERY: Made Unsolicited Calls, Gerstenhaber Claims
-----------------------------------------------------------------
DANIEL GERSTENHABER, individually and on behalf of all others
similarly situated, Plaintiff v. DIVERSIFIED RECOVERY BUREAU LLC,
Defendant, Case No. 0:18-cv-61149-CMA (S.D. Fla., May 22, 2018)
alleges that the Defendant has made unsolicited calls in
violation of the Telephone Consumer Protection Act. The
complaint alleges that the Defendant's unsolicited calls caused
the Plaintiff actual harm, including invasion of his privacy,
aggravation, annoyance, intrusion on seclusion, trespass, and
conversion. The Defendant's calls also inconvenienced the
Plaintiff and caused disruption to his daily life.
Diversified Recovery Bureau LLC is a New York corporation with
its principal office located at West Seneca, New York. The
Company directs, markets, and provides business activities
throughout the State of Florida. [BN]
The Plaintiff is represented by:
Ignacio J. Hiraldo, Esq.
IJH LAW
14 NE First Ave 10th Floor
Miami, FL 33132
Telephone: (786)351-8709
E-mail: ijhiraldo@ijhlaw.com
- and -
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard, Suite 1400
Ft. Lauderdale, FL 33301
Telephone: (954)400-4713
Email: mhiraldo@hiraldolaw.com
DWALDMANLAW PC: Removes "Klein" Suit to W.D. Pennsylvania
---------------------------------------------------------
The Defendant in the case of HAL SANFORD KLEIN and JEANNE DENISE
KLEIN, individually and on behalf of all others similarly
situated, Plaintiff v. DWALDMANLAW, P.C., Defendant, filed a
notice to remove the lawsuit from the Court of Common Pleas of
the State of Pennsylvania, County of Westmoreland (Case No. 961
of 2018) to the U.S. District Court for the Western District of
Pennsylvania, and assigned Case No. 2:18-cv-00650-MRH (W.D. Pa.,
May 16, 2018). The case is assigned to Judge Mark R. Homak.
Dwaldmanlaw, P.C. is a creditors' rights law firm based in
Seminole, Florida. The Company provides foreclosure and
bankruptcy services to lenders in seven states: Florida, New
Jersey, New York, Texas, Nevada, Tennessee, and Pennsylvania.
[BN]
The Plaintiff is represented by:
Jeffrey L. Suher, Esq.
4328 Old William Penn Highway, Suite 2J
Monroeville, PA 15146
Telephone: (412) 349-8909
Facsimile: (412) 345-1274
E-mail: jls@dellmoser.com
The Defendant is represented by:
Kathryn M. Wakefield, Esq.
WAKEFIELD LAW GROUP, P.C.
PO Box 5053
Pittsburgh, PA 15206
Telephone: (412) 737-0646
Facsimile: (412) 362-7490
E-mail: kwakefieldbizlaw@gmail.com
E.R. INSURANCE: Made Unsolicited Calls, "Moore" Suit Alleges
------------------------------------------------------------
GEORGE MOORE, individually and on behalf of all others similarly
situated, Plaintiff v. E.R.INSURANCE ASSOCIATES, LLC; ROBBYN
CANNATELLI; EDWARD D. CANNATELLI; INNOVATION GROUP OF SOUTH
FLORIDA, INC.; and DOES 1-10, Defendants, Case No. 1:18-cv-03285
(N.D. Ill., May 8, 2018) alleges that the Defendants has made
unsolicited calls in violation of the Telephone Consumer
Protection Act.
According to the complaint, the Defendants negligently, knowingly
and willfully placing through its agents, sales, solicitation and
other telemarketing calls to Plaintiff's telephone numbers,
without the Plaintiff's express consent.
E.R. Insurance Associates, LLC is a limited liability company of
the State of Florida, which is authorized to do business in
Illinois, and whose principal place of business is located in
Pompano Beach, Florida. [BN]
The Plaintiff is represented by:
David B. Levin, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
333 Skokie Blvd., Suite 103
Northbrook, IL 60062
Telephone: (224) 218-0875
Facsimile: (866) 633-0228
E-mail: dlevin@toddflaw.com
EASTON BASEBALL: Faces "Wisdom" Suit over Heavy Baseball Bats
-------------------------------------------------------------
RICKY WISDOM, individually and on behalf of all others similarly
situated individuals, Plaintiff v. EASTON BASEBALL/SOFTBALL,
INC., and EASTON DIAMOND SPORTS, LLC, Defendants, Case No. 2:18-
cv-04078-DSF-SS (C.D. Cal., May 16, 2018) seeks to stop the
Defendants' distribution and sale of baseball bats that are
falsely advertised and mislabeled, and to seek redress for all
those who have been harmed by the Defendants' misconduct.
The Plaintiff alleges that the certain bats that the Defendants
has sold actually weigh significantly more than their labeled and
advertised weight.
Easton Baseball/Softball, Inc. manufactures baseball and softball
equipment such as bats, apparel, bags, helmets, catchers'
equipment, and related accessories. Easton Baseball/Softball,
Inc. was founded in 1922 and is based in Van Nuys, California.
[BN]
The Plaintiff is represented by:
Robert R. Ahdoot, Esq.
Theodore W. Maya, Esq.
Bradley K. King, Esq.
AHDOOT & WOLFSON, PC
10728 Lindbrook Drive
Los Angeles, CA 90024
Telephone: (310) 474-9111
Facsimile: (310) 474-8585
E-mail: rahdoot@ahdootwolfson.com
tmaya@ahdootwolfson.com
bking@ahdootwolfson.com
EATON CORPORATION: "Ruderman" Suit Alleges FCRA Violation
---------------------------------------------------------
Michael Imamura, individually and on behalf of all others
similarly situated, Plaintiff v. Eaton Corporation, Defendant,
Case No. 2:18-cv-03886-DSF-KS (C.D. Cal., May 9, 2018), alleges
violations of the Fair Credit Reporting Act. The case was
assigned to Judge Dale S. Fischer and referred to Magistrate
Judge Karen L. Stevenson.
Eaton Corporation develops products and systems for managing
electrical, hydraulic, and mechanical power. Eaton Corporation
was formerly known as Eaton Yale & Towne Inc. and changed its
name to Eaton Corporation in April 1971. The company was founded
in 1911 and is based in Cleveland, Ohio. Eaton Corporation
operates as a subsidiary of Eaton Corporation plc. [BN]
The Plaintiff is represented by:
Alfredo Torrijos, Esq.
Mike M Arias, Esq.
ARIAS SANGUINETTI WANG
AND TORRIJOS LLP
6701 Center Drive West, Suite 1400
Los Angeles, CA 90045
Telephone: (310) 844-9696
Facsimile: (310) 861-0168
E-mail: alfredo@aswtlawyers.com
mike@aswtlawyers.com
ED'S LANDSCAPES: Fails to Pay Proper Wages, "Amaya" Suit Says
-------------------------------------------------------------
Francisco Amaya, and Cesar Fuentes, individually and on behalf of
all others similarly situated, Plaintiffs v. Ed's Landscapes &
Services, Corp., and Eduardo Carmona, Defendants, Case No. 2:18-
cv-02473-DRH-SIL (E.D.N.Y., April 26, 2018) alleges that the
Defendants violated the Fair Labor Standards Act.
Ed's Landscapes & Services, Corp. is engaged in the landscaping
business. [BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
Helen F. Dalton & Associates, P.C.
69-12 Austin Street
Forest Hills, NY 11375
Telephone: (718) 263-9591
Facsimile: (718) 263-9598
E-mail: avshalumovr@yahoo.com
ELIGIBILITY CONSULTANTS: Martin Alleges Wrongful Debt Collections
-----------------------------------------------------------------
JULIE MARTIN, individually and on behalf of all other persons
similarly situated, Plaintiff v. ELIGIBILITY CONSULTANTS, INC.,
Defendant, Case No. 3:18-cv-01272-B (N.D. Tex., May 17, 2018) to
stop the Defendant's practice of making unsolicited telemarketing
calls to the telephones of consumers nationwide, and to obtain
redress for all persons injured by its conduct.
Eligibility Consultants, Inc. provides reimbursement services.
The Company offers patient eligibility for TANF, medicare, social
security, SSI, A&D, crime victims compensation, kidney disease,
healthcare, and hospital charity programs. Eligibility
Consultants serves patients, hospitals, doctors, and insurance
industry in the State of Texas. [BN]
The Plaintiff is represented by:
Jarrett L. Ellzey, Esq.
W. Craft Hughes, Esq.
HUGHES ELLZEY, LLP
Galleria Tower I
2700 Post Oak Boulevard, Suite 1120
Houston, TX 77056
Telephone: (713) 554-2377
Facsimile: (888) 995-3335
E-mail: craft@hughesellzey.com
jarrett@hughesellzey.com
ELLA BLISS: Nail Tech Files Class Suit Against Beauty Bar
---------------------------------------------------------
Joel Hillan, writing for 4CBS Denver, reports that a nail
technician in Denver filed a class action lawsuit in federal
court on May 17, accusing her former employer, Ella Bliss Beauty
Bar LLC, of systematic wage theft.
"I just want justice, I do want my retribution, but mostly I just
want them to know that it is illegal and it's wrong and they
can't get away with it," said plaintiff Lisa Miles.
Miles worked for the Ella Bliss Beauty Bar in Denver giving
manicures and pedicures, but she claims employees had do other
jobs and didn't get paid for them.
"For no pay whatsoever, they have to clean the business,
including the bathrooms because Ella Bliss Beauty Bar is simply
too cheap to pay its workers the money they deserve," said Mile's
attorney Mari Newman, Esq.
Newman is part of the legal team that filed the class action
lawsuit in Federal Court on behalf of Miles and other workers at
the store.
"Instead of paying the workers for every hour that they work,
they pick and choose and only pay for the hours they feel like
paying," said Newman.
The complaint charges Ella Bliss requires employees to arrive
early to work, but doesn't compensate them for that time.
Miles claims for the hours worked and services provided, the
numbers don't add up.
They don't factor in that you are going to actually check and
look at your paycheck and do the numbers."
Newman says the problem is not with the laws themselves, but with
the businesses who violate them without retribution.
The laws exist, the problem is that employers who believe they
can get away with it, break the laws time and time again because
they hope that workers will not be strong enough or not have the
resources to stand up for their rights."
Ella Bliss Beauty Bar co-owners Brooke Vanhavermaat and Kelly
Huelsing issued this statement on May 17 afternoon:
"Ella Bliss Beauty Bar is a small, female-owned business. We
founded this company because we wanted to grow a small business,
create jobs and empower other women, and we have been successful
in that. We're disappointed with the allegations made within this
lawsuit and stand firm that none of the complaints alleged were
ever brought to our attention, and I can assure you that they are
absolutely not true. Our employees are an extension of our
family, and we treat them fairly and with the utmost respect."
According to a report by the Colorado Fiscal Institute, it's
estimated that Colorado workers lose an estimated $750 million to
wage theft.
Miles hopes this will give other workers in all industries the
courage to come forward and fight against wage theft. If you feel
like you have been a victim, you can contact the legal non-profit
Towards Justice and they will answer your questions
confidentially and free of charge.[GN]
ENCORE RECEIVABLES: Espeleta Sues over Debt Collection Practices
----------------------------------------------------------------
Gladys Espeleta, individually and on behalf of all others
similarly situated, Plaintiff v. Encore Receivables Management
Inc.; Synchrony Bank; John Does 1-25, Defendants, Case No. 2:18-
cv-02740-SJF-AYS (E.D.N.Y., May 8, 2018), seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.
The case was assigned to Judge Sandra J. Feuerstein and referred
to Magistrate Judge Anne Y. Shields.
Encore Receivable Management, Inc. provides collections
management solutions. It offers pre charge-off account management
and primary post charge-off management services. Encore
Receivable Management, Inc. operates as a subsidiary of Convergys
Customer Management Group Inc. [BN]
The Plaintiff is represented by:
Ryan L Gentile, Esq.
LAW OFFICES OF GUS MICHAEL FARINELLA PC
110 Jericho Turnpike, Suite 100
Floral Park, NY 11001
Telephone: (516) 326-2333
Facsimile: (516) 305-5566
E-mail: rlg@lawgmf.com
ENERGY REMODELING: Made Unsolicited Calls, "Hartley" Suit Claims
----------------------------------------------------------------
JASON HARTLEY, individually and on behalf of all others similarly
situated, Plaintiff v. ENERGY REMODELING, INC., Defendant, Case
No. 3:18-cv-01013-BEN-KSC (S.D. Cal., May 21, 2018), alleges that
the Defendant has made unsolicited calls in violation of the
Telephone Consumer Protection Act.
According to the complaint, on or about January 19, 2018, at
10:28 a.m., Plaintiff received a call on Plaintiff's cellular
telephone from the Defendant, in which the Defendant utilized an
automatic telephone dialing system, using an "artificial or
prerecorded voice" without the Plaintiff's prior express consent.
Energy Remodeling, Inc. is a limited corporation incorporated in
the State of California with its corporate headquarters in the
State of California. [BN]
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
Matthew M. Loker, Esq.
Elizabeth Wagner, 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
elizabeth@kazlg.com
ENOVA INTERNATIONAL: Judgment in "Kristensen" Suit Now Final
------------------------------------------------------------
Enova International, Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on May 2, 2018, for the
quarterly period ended March 31, 2018, that the judgment in favor
of the Company in the class action suit filed by Flemming
Kristensen, is now final.
On March 8, 2013, Flemming Kristensen, on behalf of himself and
others similarly situated, filed a purported class action lawsuit
in the U.S. District Court of Nevada against the Company and
other unaffiliated lenders and lead providers. The lawsuit
alleges that the lead provider defendants sent unauthorized text
messages to consumers on behalf of the Company and the other
lender defendants in violation of the Telephone Consumer
Protection Act.
The complaint seeks class certification, statutory damages, an
injunction against "wireless spam activities," and attorneys'
fees and costs. The Company filed an answer to the complaint
denying all liability. On March 26, 2014, the Court granted class
certification. On July 20, 2015, the court granted the Company's
motion for summary judgment, denied Plaintiff's motion for
summary judgment and, on July 21, 2015, entered judgment in favor
of the Company.
Plaintiff filed a motion for reconsideration, which was denied.
On May 3, 2016, Plaintiff filed a notice of appeal of the order
granting summary judgment for the Company, the judgment in favor
of the company, and the order denying Plaintiff's motion to
reconsider. On January 10, 2018, the Ninth Circuit filed an
opinion affirming the district court's entry of summary judgment
for us and the other defendants.
The plaintiff had 90 days from the date of the opinion to
petition the United States Supreme Court to review the matter and
did not do so; the judgment in favor of the Company is now final.
Enova International, Inc., is a technology and analytics company
focused on providing online financial services. In 2017, the
Company extended approximately $2.1 billion in credit or
financing to borrowers. As of December 31, 2017, the Company
offered or arranged loans or draws on lines of credit to
consumers in 33 states in the United States and in the United
Kingdom and Brazil. The company is based in Chicago, Illinois.
ESPERION THERAPEUTICS: Vincent Wong Files Securities Class Action
-----------------------------------------------------------------
The Law Offices of Vincent Wong disclosed that a class action
lawsuit has been commenced in the United States District Court
for the Eastern District of Michigan on behalf of investors who
purchased Esperion Therapeutics, Inc. ("Esperion") (NASDAQ:ESPR)
securities between February 22, 2017 and May 1, 2018.
Click here to learn about the case: http://www.wongesq.com/pslra-
c/esperion-therapeutics-inc-2?wire=3. There is no cost or
obligation to you.
According to the complaint, throughout the Class Period, the
Company issued materially false and misleading statements and/or
failed to disclose that: (i) Esperion's cholesterol-lowering
medication, bempedoic acid, entailed serious undisclosed safety
risks, including death; and (ii) as a result of the foregoing,
Esperion's public statements were materially false and misleading
at all relevant times. On May 2, 2018, Esperion announced results
from its second Phase 3 study for its cholesterol-lowering
medication bempedoic acid. Esperion reported that while the trial
met the primary endpoint of safety and tolerability and the key
efficacy endpoint, there were 13 deaths in the treatment group
compared to only two in the control group. On this news,
Esperion's share price fell from a close of $70.50 per share on
May 1, 2018, to a close of $45.75 per share the following day.
If you suffered a loss in Esperion you have until July 6, 2018 to
request that the Court appoint you as lead plaintiff. Your
ability to share in any recovery doesn't require that you serve
as a lead plaintiff.
Vincent Wong, Esq.
39 East Broadway
Suite 304
New York, NY 10002
Telephone: 212.425.1140
Fax: 866.699.3880
E-Mail: vw@wongesq.com [GN]
ESPERION THERAPEUTICS: 6th Cir. Appeal in "Dougherty" Ongoing
-------------------------------------------------------------
Esperion Therapeutics, Inc. said in its Form 10-Q Report filed
with the Securities and Exchange Commission on May 2, 2018, for
the quarterly period ended March 31, 2018, that the appeal in the
case captioned Kevin L. Dougherty v. Esperion Therapeutics, Inc.,
et al., has been argued before the U.S. Court of Appeals for the
Sixth Circuit and remains pending.
On January 12, 2016, a purported stockholder of the Company filed
a putative class action lawsuit in the United States District
Court for the Eastern District of Michigan, against the Company
and Tim Mayleben, captioned Kevin L. Dougherty v. Esperion
Therapeutics, Inc., et al. (No. 16-cv-10089).
The lawsuit alleges that the Company and Mr. Mayleben violated
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934
and SEC Rule 10b-5 by allegedly failing to disclose in an August
17, 2015, public statement that the FDA would require a
cardiovascular outcomes trial before approving the Company's lead
product candidate. The lawsuit seeks, among other things,
compensatory damages in connection with an allegedly inflated
stock price between August 18, 2015 and September 28, 2015, as
well as attorneys' fees and costs.
On May 20, 2016, an amended complaint was filed in the lawsuit
and on July 5, 2016, the Company filed a motion to dismiss the
amended complaint. On December 27, 2016, the court granted the
Company's motion to dismiss with prejudice and entered judgment
in the Company's favor. On January 24, 2017, the plaintiffs in
this lawsuit filed a motion to alter or amend the judgment.
In May 2017, the court denied the plaintiff's motion to alter or
amend the judgment. On June 19, 2017, the plaintiffs filed a
notice of appeal to the Sixth Circuit Court of Appeals and on
September 14, 2017, they filed their opening brief in support of
the appeal. The appeal was fully briefed on December 7, 2017, and
it was argued before the Sixth Circuit on March 15, 2018.
The Company is unable to predict the outcome of this matter and
is unable to make a meaningful estimate of the amount or range of
loss, if any, that could result from an unfavorable outcome.
Esperion Therapeutics, Inc., a lipid management company, focuses
on developing and commercializing oral therapies for the
treatment of patients with elevated low density lipoprotein
cholesterol (LDL-C). The company is based in Ann Arbor, Michigan.
ESSEX PROPERTY: Fails to Pay Proper Wages, "Palmer" Suit Says
-------------------------------------------------------------
DEIJAH PALMER, individually and on behalf of all others others
similarly situated, Plaintiff v. ESSEX PROPERTY TRUST, INC.;
ESSEX PORTFOLIO, L.P.; ESSEX PORTFOLIO MANAGEMENT, L.P.; and DOES
1-50, Defendants, Case No. BC 702258 (Cal. Super., April 27,
2018) is an action against the Defendants for unpaid regular
hours, overtime hours, minimum wages, wages for missed meal and
rest periods.
The Plaintiff Palmer was employed by the Defendant as a leasing
agent in Los Angeles, California on June 6, 2015. On February
2017, the Plaintiff as promoted as assistant manager until
February 1, 2018.
Essex Property Trust, Inc., an S&P 500 company, is a fully
integrated real estate investment trust (REIT) that acquires,
develops, redevelops, and manages multifamily residential
properties in selected West Coast markets. The Company currently
has ownership interests in 247 apartment communities comprising
more than 60,000 apartment homes with an additional 7 properties
in various stages of active development. [BN]
The Plaintiff is represented by:
David G. Spivak, Esq.
Sehyung (Logan) Park, Esq.
THE SPIVAK LAW FIRM
16530 Ventura Blvd., Suite 312
Encino, CA 91436
Telephone (818) 582-3086
Facsimile (818) 582-2561
E-mail: david@spivaklaw.com
logan@spivaklaw.com
ETOWAH LANDSCAPE: Fails to Pay Wages, "Goodwin" Suit Claims
-----------------------------------------------------------
Donna Goodwin, individually and on behalf of all others similarly
situared, Plaintiff v. Etowah Landscape Group, LLC, and Anthony
Martin Warren, Jr., Defendants, Case No. 1:18-cv-01969-WSD (N.D.
Ga., May 4, 2018) seeks to recover unpaid minimum wage and
overtime compensation. The case was assigned to Judge William S.
Duffey, Jr.
Etowah Landscape Group, LLC is engaged in the business of
designing, installing and managing landscape services to
residential and commercial properties. The company is doing
business in Georgia. [BN]
The Plaintiff is represented by:
James Daniel Cole, Esq.
PARKS CHESIN & WALBERT, P.C.
75 Fourteenth Street, N.E., Suite 2600
Atlanta, GA 30309
Telephone: (404) 873-8000
Facsimile: (404) 873-8050
E-mail: dcole@pcwlawfirm.com
- and -
Jennifer Kathleen Coalson, Esq.
Parks Chesin & Walbert, P.C.
75 Fourteenth Street, N.E., Suite 2600
Atlanta, GA 30309
Telephone: (404) 873-8000
E-mail: jcoalson@pcwlawfirm.com
EVERETT ASSOCIATION: Removes "Thomas" Suit to W.D. Washington
-------------------------------------------------------------
The Defendants in the case of Deanna C. Thomas, individually and
on behalf of all others similarly situated, Plaintiff v. Everett
Association of Credit Men, Inc.; Monica Jones; Branna Wickberg;
Kristie Youso; Royce Ferguson; and John/Jane Doe, Defendants,
filed a notice to remove the lawsuit from the Superior Court of
the State of Washington, County of King, (Case No. 18-00002-
09314-7 SEA) to the U.S. District Court for the Western District
of Washington and assigned Case No. 2:18-cv-00615-RSM (W.D.
Wash., April 27, 2018). The case is assigned to Judge Ricardo S
Martinez.
Everett Association of Credit Men, Inc. is a Washington
corporation, and was incorporated in 1934. [BN]
The Plaintiff is represented by:
Richard Lamar Pope, Jr, Esq.
LAKE HILLS LEGAL SERVICES PC
15600 Ne 8th Street, Suite B1-358
Bellevue, WA 98008
Telephone: (425) 829-5305
Facsimile: (425) 526-5714
E-mail: rp98007@gmail.com
The Defendant is represented by:
Jeffrey I Hasson, Esq.
HASSON LAW, LLC
9385 SW Locust Street
Tigard, OR 97223
Telephone: (503) 255-5352
Facsimile: (503) 255-6124
E-mail: hasson@hassonlawllc.com
EXPRESS SCRIPTS: Awaits Court OK on Bid to Drop Securities Suit
---------------------------------------------------------------
Express Scripts Holding Company said in its Form 10-Q Report
filed with the Securities and Exchange Commission on May 2, 2018,
for the quarterly period ended March 31, 2018, that the company
is awaiting court decision on its motion to dismiss the second
amended complaint in the case entitled, In re Express Scripts
Holding Company Securities Litigation.
Plaintiff filed this putative securities class action complaint
on behalf of all persons or entities that purchased or otherwise
acquired the Company's publicly traded common stock between
February 24, 2015 and March 21, 2016, and alleges the Company and
named individuals violated Sections 10(b) and 20(a) of the
Exchange Act and Rule 10b-5 by carrying out a scheme to defraud
the investing public.
Plaintiff seeks compensatory damages in favor of plaintiff and
other class members, attorneys' fees and costs, and equitable
relief. Plaintiff adopts many of Anthem's Allegations in support
of their claim. On August 1, 2017, the court granted the
Company's motion to dismiss the complaint in its entirety.
On August 30, 2017, Plaintiff filed an amended complaint alleging
similar claims. On November 20, 2017, defendants filed a motion
to dismiss the second amended complaint, which has been fully
briefed and is ripe for the court's consideration.
Express Scripts Holding Company is the largest independent
pharmacy benefit management ("PBM") company in the United States,
the company provides a full range of services to its clients,
which include managed care organizations, health insurers, third-
party administrators, employers, union-sponsored benefit plans,
workers' compensation plans, government health programs,
providers, clinics, hospitals and others. The company is based in
St. Louis, Missouri.
EXPRESS SCRIPTS: Dismissal of "Beeman" Suit Under Appeal
--------------------------------------------------------
Express Scripts Holding Company said in its Form 10-Q Report
filed with the Securities and Exchange Commission on May 2, 2018,
for the quarterly period ended March 31, 2018, that the
plaintiffs in Jerry Beeman, et al. v. Caremark, et al. have taken
an appeal from the court's decision granting defendants' motion
for sanctions and dismissal of the case.
Plaintiffs allege that the Company and the other defendants
failed to comply with statutory obligations to provide California
clients with the results of a bi-annual survey of retail drug
prices. On November 14, 2016, the district court denied
plaintiffs' motion for class certification, holding that the
proposed class representatives and counsel were inadequate to
represent a class. On October 6, 2017, defendants moved for
sanctions against plaintiffs for destroying evidence, requesting
the case be dismissed with prejudice, which the court granted on
January 4, 2018, and plaintiffs are appealing.
Express Scripts Holding Company is the largest independent
pharmacy benefit management ("PBM") company in the United States,
the company provides a full range of services to its clients,
which include managed care organizations, health insurers, third-
party administrators, employers, union-sponsored benefit plans,
workers' compensation plans, government health programs,
providers, clinics, hospitals and others. The company is based in
St. Louis, Missouri.
EXPRESS SCRIPTS: Appeal in Anthem ERISA Suit Underway
-----------------------------------------------------
Express Scripts Holding Company said in its Form 10-Q Report
filed with the Securities and Exchange Commission on May 2, 2018,
for the quarterly period ended March 31, 2018, that plaintiffs in
the case captioned as, In re Express Scripts/Anthem ERISA
Litigation (consolidating John Doe One and John Doe Two v.
Express Scripts, Inc. and Karen Burnett, Brendan Farrell, and
Robert Shullich v. Express Scripts, Inc. and Anthem, Inc.), have
filed an appellate brief.
Plaintiffs filed a Second Amended Consolidated Class Action
Complaint on behalf of health plan beneficiaries who are enrolled
in health care plans that are insured or administered by Anthem.
Plaintiffs allege that the Company and Anthem breached fiduciary
duties and otherwise violated their legal obligations under
ERISA, that the Company engaged in mail fraud, wire fraud and
other racketeering activity through its invoicing system with
Anthem, that the Company breached its contract with Anthem, that
plaintiffs are entitled to equitable relief under theories
including unjust enrichment, that the Company violated unfair and
deceptive trade practices statutes, that Anthem breached the
covenant of good faith and fair dealing implied in health plans,
and that ESI violated the anti-discrimination provisions of the
Affordable Care Act.
Plaintiffs adopt many of Anthem's Allegations in support of their
claim. Plaintiffs seek compensatory damages, declaratory relief,
equitable relief and attorneys' fees and costs. The Company's
motion to dismiss was granted on January 5, 2018. On April 11,
2018, plaintiffs filed an appellate brief.
Express Scripts Holding Company is the largest independent
pharmacy benefit management ("PBM") company in the United States,
the company provides a full range of services to its clients,
which include managed care organizations, health insurers, third-
party administrators, employers, union-sponsored benefit plans,
workers' compensation plans, government health programs,
providers, clinics, hospitals and others. The company is based in
St. Louis, Missouri.
EXPRESS SCRIPTS: EpiPen ERISA Class Action Underway
---------------------------------------------------
Express Scripts Holding Company said in its Form 10-Q Report
filed with the Securities and Exchange Commission on May 2, 2018,
for the quarterly period ended March 31, 2018, that the company
is defending against the case, In re: EpiPen ERISA Litigation.
Plaintiffs filed a consolidated class action complaint on April
2, 2018, alleging that defendants violated legal obligations
under ERISA by negotiating increasingly large rebates from Mylan,
which allegedly caused an increase in the price of EpiPen
products. Plaintiffs further allege that defendants retained a
significant portion of rebates, rather than passing them on to
class members (who are participants in, or beneficiaries of,
health insurance plans governed by ERISA who purchased EpiPen
products).
Express Scripts Holding Company is the largest independent
pharmacy benefit management ("PBM") company in the United States,
the company provides a full range of services to its clients,
which include managed care organizations, health insurers, third-
party administrators, employers, union-sponsored benefit plans,
workers' compensation plans, government health programs,
providers, clinics, hospitals and others. The company is based in
St. Louis, Missouri.
EXPRESS SCRIPTS: Bid to Dismiss Acthar Pricing Suit Pending
-----------------------------------------------------------
Express Scripts Holding Company said in its Form 10-Q Report
filed with the Securities and Exchange Commission on May 2, 2018,
for the quarterly period ended March 31, 2018, that the company
is awaiting a court ruling on its motion to dismiss the second
amended complaint in the case City of Rockford and Acument Global
Technologies, Inc. v. Mallickrodt ARD Inc., f/k/a Questcor
Pharmaceuticals, Inc., Mallinckrodt plc, Express Scripts Holding
Company, Express Scripts, Inc., CuraScript, Inc., Accredo Health
Group, Inc., and United BioSource Corporation (United States
District Court for the Northern District of Illinois) (filed
April 6, 2017).
A complaint was filed against United BioSource Corporation (for
purposes of this Item 1, "UBC", a former subsidiary of the
Company) and Mallinckrodt ARD Inc. (and Mallinckrodt plc (for
purposes of this Item 1, together with Mallinckrodt ARD, Inc.,
"Mallinckrodt"), the manufacturer of Acthar, which is an
adrenocorticotropic hormone ("ACTH").
The City of Rockford, Illinois ("Rockford") brought the complaint
on its own behalf as a third-party payor that paid for Acthar, as
well as on behalf of a putative class of third-party payors that
paid for Acthar. On October 9, 2017, Rockford filed an amended
complaint, which added as defendants the Company, ESI,
CuraScript, Inc. ("CuraScript"), and Accredo Health Group, Inc.
("Accredo") (collectively, "the Company defendants").
On December 8, 2017, Rockford and Acument Global Technologies,
Inc. ("Acument") filed a second amended complaint. Plaintiffs
allege, inter alia, that Mallinckrodt has a monopoly in the
purported market for ACTH drugs, protected that monopoly by
acquiring its only potential competitor, and used its monopoly
power to raise the price of Acthar. Plaintiffs also allege that
Mallinckrodt and the Company fixed the price of Acthar, and that
alleged agreements involving CuraScript, Accredo, and UBC
unlawfully restrain trade. Plaintiffs assert claims under
Sections 1 and 2 of the Sherman Act, various state antitrust
laws, and RICO, as well as claims for common law fraud and unjust
enrichment.
Further, Rockford alleges that the Company breached its PBM
Services Agreement with Rockford and asserts claims for breach of
contract, promissory estoppel, and breach of the implied covenant
of good faith and fair dealing, and also seeks a declaratory
judgment. Plaintiffs seek treble damages, equitable relief, and
attorneys' fees and costs.
Express Scripts said, "On January 22, 2018, the Company
defendants filed a motion to dismiss the second amended
complaint, which has been fully briefed and we await the court's
ruling."
Express Scripts Holding Company is the largest independent
pharmacy benefit management ("PBM") company in the United States,
the company provides a full range of services to its clients,
which include managed care organizations, health insurers, third-
party administrators, employers, union-sponsored benefit plans,
workers' compensation plans, government health programs,
providers, clinics, hospitals and others. The company is based in
St. Louis, Missouri.
FEDERAL BOND: Peterson Sues over Debt Collection Practices
----------------------------------------------------------
TAMARA PETERSON, individually and on behalf of all others
similarly situated, Plaintiff v. FEDERAL BOND AND COLLECTION
SERVICE, INC.; CASCADE CAPITAL, LLC SERIES B, and JOHN DOES 1-25,
Defendants, Case No. Case 3:18-cv-01242-B (N.D. Tex., May 15,
2018) seeks to stop the Defendant's unfair and unconscionable
means to collect a debt.
Federal Bond and Collection Service, Inc. provides collection
services. The Company offers products such as consumer credit,
healthcare, commercial, auto, education, and utilities. The
Company serves customers in the States of Pennsylvania and New
Jersey. [BN]
The Plaintiff is represented by:
Jonathan Kandelshein
THE LAW OFFICE OF
JONATHAN KANDELSHEIN
18208 Preston Rd, Ste D-9 Suite 256
Dallas, TX 75252
Telephone: (469) 677-7863
E-mail: jonathan.kandelshein@gmail.com
FERRELLGAS INC: Doesn't Pay OT to Drivers, "Price" Suit Says
------------------------------------------------------------
JOSHUA PRICE, individually and on behalf of all others similarly
situated, Plaintiff v. FERRELLGAS, INC., and DOES 1 through 50,
Defendants, Case No. 37-2018-00022075- CU-OE-CTL (Cal. Super.,
Fresno Cty., May 2, 2018) is brought against the Defendants for
failure to pay straight-time and overtime wages, provide duty-
free meal breaks, provide duty-free rest periods, pay all owed
wages, and pay all wages upon termination or resignation of
employment.
Mr. Price was employed by the Defendants as a service technician
and bobtail delivery driver from October 2007 to December 2016.
Ferrellgas, Inc. transports, markets, and distributes propane gas
to residential, industrial, commercial, and agricultural sectors.
Ferrellgas, Inc. was formerly known as Buckeye Gas Products
Management Company. Ferrellgas, Inc. was incorporated in 1986 and
is based in Overland Park, Kansas, with an additional office in
Phoenix, Arizona. Ferrellgas, Inc. operates as a subsidiary of
Ferrell Companies, Inc. [BN]
The Plaintiff is represented by:
Alexander I. Dychter, Esq.
S. Adam Spiewak, Esq.
DYCHTER LAW OFFICES, APC
1010 Second Ave., Suite 1835
San Diego, CA 92101
Telephone: (619) 487-0777
Facsimile: (619) 330-1827
E-Mail: alex@dychterlaw.com
FOUNDATION MEDICINE: Bid to Drop "Mahoney" Suit Ongoing
-------------------------------------------------------
Foundation Medicine, Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on May 2, 2018, for the
quarterly period ended March 31, 2018, that the company's request
to dismiss the case captioned, Mahoney v. Foundation Medicine,
Inc., remains pending.
Foundation Medicine said in its Form 10-Q for the quarterly
period ended September 30, 2017, that on July 28, 2017, a
purported stockholder of the Company filed a putative class
action in the U.S. District Court for the District of
Massachusetts, against the Company and certain of its current and
former executives, captioned Mahoney v. Foundation Medicine,
Inc., et al., No. 1:17-cv-11394. The complaint alleges violations
of Sections 10(b) and 20(a) of the Securities Exchange Act of
1934 and Rule 10b-5 thereunder based on allegedly false and
misleading statements when providing 2015 financial guidance. The
lawsuit seeks among other things, unspecified compensatory
damages in connection with the Company's allegedly inflated stock
price between February 26, 2014 and November 3, 2015, interest,
attorneys' fees and costs, and unspecified equitable/injunctive
relief.
In its recent report, the Company disclosed that on December 22,
2017, the plaintiffs filed an amended class action complaint
alleging violations of Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934 and Rule 10b-5 thereunder based on allegedly
false and misleading statements and omissions concerning
providing 2015 financial guidance and other statements during the
class period concerning demand and reimbursement for certain of
the Company's tests. On February 20, 2018, the Company moved to
dismiss the complaint for failure to state a claim, which
plaintiffs opposed on April 23, 2018.
Foundation Medicine said, "We believe this case is without merit
and, therefore, continue to vigorously defend ourselves against
the allegations."
Foundation Medicine, Inc. is a molecular information company
focused on fundamentally changing the way in which patients with
cancer are evaluated and treated. The company is based in
Cambridge Massachusetts.
FREEDOM HOME: Fails to Pay Proper Wages, "Robinson" Suit Says
-------------------------------------------------------------
LASHONDA ROBINSON and JASSARIE SIERRA, individually and on behalf
of others similarly situated, Plaintiff v. FREEDOM HOME
HEALTHCARE, INC.; TARA SMITH-KEELER; CHRISTINA SANCHEZ; JOSEPH
ANGELOSANTE; BARBARA S. LONDON; JOHN DOES 1-10 and ABC CORPS. 1-
10, Defendants, Case No. 2:18-cv-09079-ES-CLW (D.N.J., May 10,
2018) seek injunctive and declaratory relief against Defendants'
unlawful actions, compensation for unpaid minimum wages, overtime
pay liquidated damages, compensatory damages, interest, and
attorneys' fees and costs.
The Plaintiff Robinson worked with the Defendants as a care
coordinator/client service representative commencing on July 6,
2012. She was laterally transferred out of care coordination at
the end of November 2017. While working in a different departing,
she was still on-call for January, February and March 2018.
The Plaintiff Sierra worked with the Defendants as a care
coordinator/client service representative commencing on or about
September 6, 2011. She was promoted to manager in May 2017, but
returned to her coordinator position effective January 4, 2018.
She resigned her employment by notice dated January 15, 2018,
with an effective date of January 26, 2018.
Freedom Home Healthcare, Inc. provides home healthcare services
in New Jersey and southeastern Pennsylvania. The company is based
in Hackensack, New Jersey. It has branches in North Brunswick,
New Jersey; and additional offices in Hackensack and Mt.
Laurel.[BN]
The Plaintiff is represented by:
Anthony M. Rainone, Esq.
Lucas A. Markowitz, Esq.
BRACH EICHLER L.L.C.
101 Eisenhower Parkway
Roseland, New Jersey 07068-1067
Telephone: (973) 228-5700
Facsimile: (973) 228-7852
FREEDOM INDUSTRIES: WV Water Crisis Settlements Not Yet Ready
-------------------------------------------------------------
Kate Mishkin, writing for Charleston Gazette - Mail, reports that
residents and businesses affected by the 2014 Kanawha Valley
water crisis won't receive settlements until a federal judge
issues his final approval order and administrators finish
processing the claims.
Administrators are still processing the 95,155 claim forms to
check for any duplicate claims or claim forms filed without
stating a value that was lost. Class members who need to correct
their claims will get a letter in about two weeks, said Anthony
Majestro, Esq., a lawyer for the residents.
In the meantime, lawyers are waiting for the final approval order
from U.S. District Judge John T. Copenhaver Jr.
"We don't have any money to pay anyone because without that
order, we don't have funds to pay," Majestro said.
After the order is filed and all claims are processed, there will
be an appeal period of about a month before settlement checks are
distributed. Simple residential claims will likely be sent out
before personal injury, business and government entity claims,
Majestro said.
Claims were due Feb. 21. According to a report filed on March 20
by the settlement administrator, the claims include 86,917
household claims, 5,683 business claims, 408 government entity
claims, 500 wage earner claims, 1,302 pregnancy claims and 345
medical claims.
The $151 million class-action settlement covered anyone who may
have received tap water from West Virginia American Water
Company's plant on the Elk River, or whose business suffered
because of the spill.
In January 2014, a chemical known as Crude MCHM spilled from a
storage tank at Freedom Industries into the Elk River, just
upriver from West Virginia American Water's plant in Charleston.
An estimated 300,000 people were told not to drink, clean with,
bathe with or otherwise use the water for days.
The class-action lawsuit alleges that West Virginia American
Water Company didn't react to or prepare for the spill, and that
MCHM-maker Eastman Chemical Co. didn't properly warn Freedom
Industries of the chemical's dangers or take appropriate action.
Both West Virginia American Water and Eastman Chemical place
blame on Freedom Industries, which admitted to criminal
violations following the spill. Several Freedom officials also
pleaded guilty to pollution charges, including former company
leaders Gary Southern and Dennis Farrell, each of whom was
sentenced to 30 days in jail.[GN]
FREEDOM MORTGAGE: Removes "Grayson" Suit to District of Maryland
----------------------------------------------------------------
The Defendant in the case of Chatel Grayson, individually and on
behalf of all others similarly situated, Plaintiff v. Freedom
Mortgage Corporation, Defendants, filed a notice to remove the
lawsuit from the Circuit Court of the State of Maryland, County
of Montgomery (Case No. 444996-V) to the U.S. District Court for
the District of Maryland on May 11, 2018, and assigned Case No.
8:18-cv-01375-GJH (D. Md., May 11, 2018). The case is assigned to
Judge George Jarrod Hazel.
Freedom Mortgage Corporation, doing business as Jefferson Home
Mortgage and Loan, LLC, provides residential mortgage lender
services. The company is a mortgage banker and provides
origination and servicing through retail, wholesale,
correspondent, and commercial divisions. Freedom Mortgage
Corporation was founded in 1990 and is headquartered in Mount
Laurel, New Jersey with operation centers and retail branches
throughout the United States. [BN]
The Plaintiff is represented by:
Phillip R Robinson, Esq.
CONSUMER LAW CENTER LLC
8737 Colesville Road, Suite 308
Silver Spring, MD 20910
Telephone: (301) 448-1304
E-mail: phillip@marylandconsumer.com
The Defendant is represented by:
Jessica Hepburn Sadler, Esq.
John Darren Sadler, Esq.
BALLARD SPAHR LLP
1909 K Street, N.W., 12th Floor
Washington, DC 20006-1157
Tel: (202) 661-7658
Fax: (202) 661-2299
E-mail: sadlerjh@ballardspahr.com
sadlerj@ballardspahr.com
FRITO-LAY INC: Fails to Prevent Harassment, "Woods" Suit Claims
---------------------------------------------------------------
ERIK WOODS, individually and on behalf of all others similarly
situated, Plaintiff v. FRITO-LAY, INC.; ROLLING FRITO-LAY SALES,
LP; SERGIO ALVAREZ; JOSE PAZ; ARTURO TORRES; KYLE NEW; MATT
STAFFORD; MANANDER GREWAL; and DOES 1 through 50, Defendants,
Case No. BC703882 (Cal. Super., April 25, 2018), alleges that
throughout his employment, the Plaintiff has been subjected to
numerous acts of unlawful racial harassment. Co-workers
repeatedly committed acts of unlawful racial harassment against
the Plaintiff by referring him as "nigger." The Plaintiff
reported all of this to management, but none took any action in
response, such as conducting an investigation or disciplining the
co-employees.
Mr. Woods was employed by the Defendants as a non-exempt employee
from January 25, 2010. He is still currently employed by the
Defendant.
Frito-Lay, Inc. manufactures and markets snacks. The company
offers potato and corn chips. The company offers gluten-free
party and fun snacks. It serves customers in the United States
and internationally. Frito-Lay, Inc. was formerly known as The
Frito Company and changed its name to Frito-Lay, Inc. in
September, 1961. The company was founded in 1932 and is
headquartered in Plano, Texas. Frito-Lay, Inc. operates as a
subsidiary of Pepsico, Inc.[BN]
The Plaintiff is represented by:
Larry W. Lee, Esq.
DIVERSITY LAW GROUP, P.C.
515 S- Figueroa St., Suite 1250
Los Angeles. CA 90071
Telephone: (213) 488-6555
Facsimile: (213) 488-6554
FUYAO GLASS: Nearly 550 People Join OT Pay Class-Action Suit
------------------------------------------------------------
Thomas Gnau, writing for WHIO TV 7, reports that so far 548
workers and former workers have joined a class-action lawsuit
over wages and scheduling against one of the Miami Valley's
fastest growing manufacturers, Fuyao Glass America.
The federal lawsuit has 548 class members and the deadline to
join the suit is June 6, said attorney Bob DeRose, Esq. --
bderose@barkanmeizlish.com -- who works with the Columbus law
firm suing Fuyao, a Moraine manufacturer of automobile and after-
market glass.
DeRose could not say how many of the participants are current
Fuyao employees, but he said the class does include current
workers.
The suit was first filed in Dayton's federal court last June by a
former Fuyao employee, Julia Staggs. Staggs alleged that she
worked overtime at Fuyao without being paid time-and-a-half
wages. She also contends she and others were not completely
relieved of duties during unpaid meal breaks and more.
The lawsuit also charged that during the Thanksgiving 2016
holiday weekend, Fuyao "promised" to pay Staggs and about 100
other employees time-and-one-half wages for all hours worked that
weekend, as an enticement to get those employees to work extra
hours.
Instead, the employees received $50 gift cards, the suit claimed.
In February, a federal judge granted class-action status to group
of plaintiffs gathering behind the lawsuit.
DeRose said that to his knowledge, Fuyao has done nothing to
discourage current workers from being involved.
"The company hasn't done anything negative to our knowledge but
they haven't assisted us," DeRose said. "An average response rate
(to class-action suits) is between 10-15 percent, and we are at
13.7 percent, with a couple of weeks remaining, so we are happy.
I would love to see 20 percent."
He added: "The response has been steady, the natural flow is that
it is at its highest at the beginning and toward the end."
Attorneys representing Fuyao did not respond to a message seeking
comment.
Fuyao has about 2,300 workers at its plant off West Stroop Road
and Ohio 741.[GN]
GC DEALER: Fails to Pay Proper Wages, "Alvarado" Suit Alleges
-------------------------------------------------------------
JOEL ALVARADO, individually and on behalf of all others similarly
situated, Plaintiff v. GC DEALER SERVICES INC.;JENNIFER AYALA;
ANTHONY AYALA; JACK BECKERMAN, Defendants, Case No. 2:18-cv-02915
(E.D.N.Y., May 16, 2018) seeks to recover unpaid minimum and
overtime wages under the Fair Labor Standards Act.
Mr. Alvarado was employed by the Defendants from August 2016 to
May 1, 2018. His primary job duties include washing, compounding,
detailing and buffing cars.
GC Dealer Services Inc. is a domestic limited corporation
organized and existing under the laws of the State of New York.
[BN]
The Plaintiff is represented by:
Delvis Melendez, Esq.
LAW OFFICES OF DELVIS MELENDEZ, P.C.
90 Bradley Street
Brentwood, NY 11717
Telephone: (631)434-1443
GENERAL MOTORS: De Leon Sues over Defective 2012 GMC Terrain
------------------------------------------------------------
TERESA DE LEON, and CARLOS DE LEON, individually and on behalf of
all others similarly situated, Plaintiff v. GENERAL MOTORS, LLC;
and DOES 1 through 10, inclusive, Defendants, Case No. BC704365
(Cal. Super., Los Angeles Cty., April 27, 2018) seeks actual,
general, special, incidental statutory, punitive, and
consequential damages, over the Defendants' defective 2012 GMC
Terrain.
According to the complaint, the Defendants' 2012 GMC Terrain
contained or developed defects, including but not limited to,
defects causing the motor vehicle's engine to be unable to
properly utilize engine oil and, in fact, to improperly burn off
and/or consume abnormally high amounts of oil; defects causing
the check engine light to illuminate; defects causing the Vehicle
to store fault code POO10; defects related to the intake camshaft
position actuator solenoid valve control circuit; defects causing
the intake camshaft solenoid to prematurely fail; defects
requiring the replacement of the engine pistons and rings; and/or
any other defects described in the repair history for the motor
vehicle, substantially impair the use, value, or safety of the
motor vehicle.[BN]
The Plaintiff is represented by:
Jacob Cutler, Esq.
Tionna Dolin, Esq.
STRATEGIC LEGAL PRACTICES
A PROFESSIONAL CORPORATION
1840 Century Park East, Suite 430
Los Angeles, CA 90067
Telephone: (310) 929-4900
Facsimile: (310) 943-3838
E-mail: jcutler@slpattorney.com
tdolin@slpattorney.com
GENWORTH FINANCIAL: Final Settlement Approval Hearing on July 3
---------------------------------------------------------------
Genworth Financial, Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on May 2, 2018, for the
quarterly period ended March 31, 2018, that the U.S. District
Court for the Eastern District of Virginia has set a final
hearing for July 3, 2018, to consider approval of a class action
settlement.
An Unopposed Motion for Final Approval of Class Action Settlement
was filed June 1 by Brian James, Alexander Rice.
In January 2017, two putative stockholder class action lawsuits,
captioned Rice v. Genworth Financial Incorporated, et al, and
James v. Genworth Financial, Inc. et al, were filed in the United
States District Court for the Eastern District of Virginia,
Richmond Division, against Genworth and its board of directors. A
third putative stockholder class action lawsuit captioned
Rosenfeld Family Trust v. Genworth Financial, Inc. et al, was
filed in the United States District Court for the District of
Delaware against Genworth and its board of directors.
In February 2017, a fourth putative class action lawsuit
captioned Chopp v. Genworth Financial, Inc. et al, was filed in
the United States District Court for the District of Delaware
against Genworth and its board of directors and a fifth putative
class action lawsuit captioned Ratliff v. Genworth Financial,
Inc. et al, was filed in the United States District Court for the
Eastern District of Virginia, Richmond Division, against Genworth
and its board of directors.
The complaints in all five actions allege, among other things,
that the preliminary proxy statement filed by Genworth with the
SEC on December 21, 2016 contains false and/or materially
misleading statements and/or omits material information. The
complaints assert claims under Sections 14(a) and 20(a) of the
Securities Exchange Act of 1934, and seek equitable relief,
including declaratory and injunctive relief, and an award of
attorneys' fees and expenses. On February 2, 2017, the plaintiff
in Rice filed a motion for a preliminary injunction to enjoin the
transaction described in the preliminary proxy. On February 10,
2017, defendants filed an opposition to the preliminary
injunction motion in the Rice action.
Also on February 10, 2017, the plaintiff in Rosenfeld Family
Trust filed a motion for a preliminary injunction to enjoin the
transaction described in the preliminary proxy. On February 14,
2017, defendants filed a motion to transfer the Rosenfeld Family
Trust action to the Eastern District of Virginia. On February 15,
2017, defendants filed a motion to transfer the Chopp action to
the Eastern District of Virginia.
On February 21, 2017, the parties to the Eastern District of
Virginia actions (Rice, James and Ratliff) reached an agreement
in principle to resolve the pending preliminary injunction motion
in the Eastern District of Virginia through additional disclosure
prior to the March 7, 2017 stockholder vote on the proposed
merger transaction. On February 22, 2017, the plaintiffs in the
Eastern District of Virginia withdrew their preliminary
injunction motion in consideration of the agreed disclosures to
be filed in a Form 8-K by February 24, 2017. Also on February 22,
2017, the court in the District of Delaware suspended briefing on
the motion for preliminary injunction in the Rosenfeld Family
Trust action and entered an order transferring the Rosenfeld
Family Trust and Chopp actions to the Eastern District of
Virginia. On February 23, 2017, the court in the Eastern District
of Virginia set the Rosenfeld Family Trust preliminary injunction
motion for a hearing on March 1, 2017.
On February 26, 2017, defendants filed an opposition to the
preliminary injunction motion in the Rosenfeld Family Trust
action. On February 27, 2017, the parties in the Rosenfeld Family
Trust action reached an agreement in principle to resolve the
pending preliminary injunction motion in the Rosenfeld Family
Trust action through additional disclosure prior to the March 7,
2017 stockholder vote on the proposed merger transaction, and the
plaintiff in the Rosenfeld Family Trust action withdrew its
preliminary injunction motion in consideration of the agreed
disclosures as filed in a Form 8-K on February 28, 2017.
On March 6, 2017, the court in the Eastern District of Virginia
entered an order setting a schedule for proceedings to appoint a
lead plaintiff and lead counsel for the purported class action.
On March 7, 2017, the court in the Eastern District of Virginia
consolidated the Rice, James, Ratliff, Rosenfeld Family Trust,
and Chopp actions.
Genworth Financial said in its Form 10-Q Report for the quarterly
period ended September 30, 2017, that on July 5, 2017, the court
in the Eastern District of Virginia heard oral argument on the
motion to appoint a lead plaintiff and lead counsel. On August
25, 2017, the court in the Eastern District of Virginia entered
an order appointing the plaintiffs Alexander Rice and Brian James
as lead plaintiffs and their counsel as lead counsel.
In November 2017, the parties reached an agreement in principle
to settle the action based upon the previously provided
additional disclosures, subject to confirmatory discovery and
court approval. On April 4, 2018, the parties entered into a
stipulation of settlement. On April 24, 2018, the court in the
Eastern District of Virginia entered an order preliminarily
approving the settlement and setting a final approval hearing in
connection with the settlement for July 3, 2018.
Counsel for Lead Plaintiffs:
Scott Andrew Simmons
Christopher Joseph Habenicht, Esq.
MEYERGOERGEN PC
1802 Bayberry Court, Suite 200
Richmond, VA 23226
Tel: (804) 288-3600
Fax: 804-565-1262
E-mail: simmons@mg-law.com
E-mail: habenicht@mg-law.com
- and -
James Milligan Wilson, Jr., Esq.
FARUQI & FARUQI, LLP
685 Third Ave, 26th Floor
New York, NY 10017
Tel: 212-983-9330
E-mail: jwilson@faruqilaw.com
- and -
Stuart Jay Guber, Esq.
FARUQI & FARUQI, LLP
101 Greenwood Ave, Suite 600
Jenkintown, PA 19046
Tel: 215-277-5770
Fax: 215-277-5771
E-mail: sguber@faruqilaw.com
- and -
Michael Joseph Palestina, Esq.
KAHN SWICK & FOTI LLC
206 Covington Street
Madisonville, LA 70447
Tel: (504) 648-1843
Fax: (504) 455-1498
E-mail: michael.palestina@ksfcounsel.com
$20-Mil. Accord in "Hialeah" Okayed
In November 2017, the Company won final court approval of the $20
million settlement in the case, City of Hialeah Employees'
Retirement System v. Genworth Financial, Inc., et al., in the
United States District Court for the Southern District of New
York.
In April 2014, Genworth Financial, Inc., its former chief
executive officer and its then current chief financial officer
were named in a putative class action lawsuit captioned City of
Hialeah Employees' Retirement System v. Genworth Financial, Inc.,
et al., in the United States District Court for the Southern
District of New York. Plaintiff alleges securities law violations
involving certain disclosures in 2012 concerning Genworth's
Australian mortgage insurance business, including its plans for
an IPO of the business. The lawsuit seeks unspecified damages,
costs and attorneys' fees and such equitable/injunctive relief as
the court may deem proper.
The United States District Court for the Southern District of New
York appointed City of Hialeah Employees' Retirement System and
New Bedford Contributory Retirement System as lead plaintiffs and
designated the caption of the action as In re Genworth Financial,
Inc. Securities Litigation. On October 3, 2014, the lead
plaintiffs filed an amended complaint. On December 2, 2014, the
company filed a motion to dismiss plaintiffs' amended complaint.
On March 25, 2015, the United States District Court for the
Southern District of New York denied the motion but entered an
order dismissing the amended complaint with leave to replead. On
April 17, 2015, plaintiffs filed a second amended complaint. The
company filed a motion to dismiss the second amended complaint
and on June 16, 2015, the court denied the motion to dismiss. On
January 22, 2016, the company filed a motion for reconsideration
of the court's June 16, 2015 order denying the company's motion
to dismiss which the court denied on March 3, 2016. On January
29, 2016, plaintiffs filed a motion for class certification which
the company opposed.
On March 7, 2016, the court granted plaintiffs' motion for class
certification. The company has exhausted all coverage under its
2014 executive and organizational liability insurance program
applicable to this case; therefore, there is no insurance
coverage for Genworth with respect to any settlement or judgment
amount related to this litigation. The parties engaged in
settlement discussions.
Genworth Financial said "On March 21, 2017 in connection with
those discussions, we reached an agreement in principle to settle
the action, subject to the execution of a stipulation and
agreement of settlement that provides a full release of all
defendants in connection with the allegations made in the
lawsuit, and for a settlement payment to the class of $20
million, inclusive of all plaintiffs' attorneys fees and expenses
and settlement costs, and subject further to the approval of the
court. Subsequently, the parties executed a stipulation and
agreement of settlement. We believe that the plaintiffs' claims
are without merit, but we are settling the lawsuit to avoid the
burden, risk and expense of further litigation."
Genworth Financial said in its Form 10-Q Report for the quarterly
period ended September 30, 2017, that on June 21, 2017,
plaintiffs filed the stipulation and agreement of settlement and
motion for preliminary approval with the court. On July 28, 2017,
the court held a preliminary approval hearing, preliminarily
approved the settlement, and set November 15, 2017 for a final
approval hearing.
Genworth Financial said in its Form 10-K Report for the fiscal
year ended December 31, 2017, that following the final approval
hearing, pursuant to an order dated November 15, 2017, the court
issued a final order approving the settlement and dismissing the
case with prejudice.
Leifer & Avazian Suits Dismissed
Genworth Financial said in its Form 10-K Report for the fiscal
year ended December 31, 2017, that:
-- On June 20, 2017, plaintiffs in the "Leifer" suit filed
a notice of voluntary dismissal without prejudice.
-- On December 4, 2017, the court granted the Company's
motion to dismiss the "Avazian" complaint.
In December 2016, Genworth Financial, Inc., its current chief
executive officer, its former chief executive officer, two former
chief financial officers, and two of its insurance subsidiaries
were named as defendants in a putative class action lawsuit
captioned Leifer, et al v. Genworth Financial, Inc., et al, in
the United States District Court for the Eastern District of
Virginia, Richmond Division. Plaintiffs allege that the
defendants' financial disclosures and alleged misrepresentations
concerning Genworth's long-term care insurance reserves caused
harm to current and former long-term care insurance policyholders
and seek unspecified damages, declaratory and injunctive relief,
attorneys' fees, costs and pre-judgment and post-judgment
interest.
Genworth Financial said "We filed a motion to dismiss on March
27, 2017. Plaintiffs filed an amended complaint on April 10,
2017. We filed a motion to dismiss on May 22, 2017. On June 20,
2017, plaintiffs filed a notice of voluntary dismissal without
prejudice." On June 26, 2017, the court so ordered the notice of
withdrawal of first amended complaint and of voluntary dismissal
without prejudice against all defendants.
Genworth Financial also disclosed, "In April 2017, one of our
insurance subsidiaries, Genworth Life and Annuity Insurance
Company ("GLAIC") was named as a defendant in a putative class
action lawsuit captioned Avazian, et al v. Genworth Life and
Annuity Insurance Company, et al, in the United States District
Court for the Central District of California."
"Plaintiff alleges breach of contract and breach of the covenant
of good faith and fair dealing based upon GLAIC's termination of
plaintiff's life insurance policy for nonpayment of premium.
Plaintiff alleges that the termination for nonpayment of premium
failed to comply with certain notice requirements of the
California Insurance Code and seeks certification as a California
class action on behalf of all insureds and beneficiaries of life
insurance policies issued or delivered by GLAIC in California
before January 1, 2013 who lost either their coverage or their
ability to make a claim because of the termination of their
policies by GLAIC for nonpayment of premium, and further seeks
unspecified damages, pre-judgment and post-judgment interest,
punitive damages, fees, costs and such other relief as the court
deems just and proper.
"On June 23, 2017, the company filed a motion to dismiss the
complaint. On July 10, 2017, the plaintiff filed a notice of
voluntary dismissal without prejudice. On July 12, 2017, the
court ordered that this action and all claims therein, are
dismissed in their entirety without prejudice. In August 2017,
plaintiff re-filed a similar putative class action lawsuit, along
with another plaintiff, Michael Torres, captioned Avazian, et al
v. Genworth Life and Annuity Insurance Company, et al, in the
Superior Court for the State of California, County of Los
Angeles, naming GLAIC as a defendant.
"Plaintiffs allege similar causes of action as the previously
dismissed lawsuit, and have added a claim for alleged violation
of California Business and Professions Code.
"On August 31, 2017, we filed notice of the removal of this
matter to the United States District Court for the Central
District of California and on October 6, 2017, filed a motion to
dismiss the complaint. On December 4, 2017, the court granted our
motion to dismiss the complaint. In January 2018, the parties
agreed in principle to resolve the case for a de minimis amount."
Genworth Financial, Inc. provides insurance and homeownership
solutions in the United States and internationally. It operates
through five segments: U.S. Mortgage Insurance, Canada Mortgage
Insurance, Australia Mortgage Insurance, U.S. Life Insurance, and
Runoff. The company is based in Richmond, Virginia.
GENWORTH LIFE: Faces "Friedman" Suit over Insurance Policy
----------------------------------------------------------
Richard E. Friedman, individually and on behalf of all others
similarly situated, Plaintiff v. Genworth Life Insurance Company,
Defendant, Case No. 8:18-cv-01094-MSS-AEP (Fla. Cir., Sarasota
Cty., May 4, 2018) is an action against the Defendant for breach
of insurance contract.
The Plaintiff alleges that she entered a Long Term Care Insurance
contract with the Defendant. The contract includes a "paid-up
feature" which states that "if you pay all required premiums as
they become due, the Policy will be paid-up and no future premium
payments will be required after this Policy has been in force for
a period of 10 full years." Notwithstanding the fact that the
Plaintiff fulfilled his obligations under the contract and timely
paid all required premiums for a period of 10 full years and
were, therefore, not required to make additional premium payments
thereafter, the Defendant has continued to demand and collect
premium from the Plaintiff and others similarly situated.
Genworth Life Insurance Company provides life insurances products
and services. The company also offers long term care insurance
services. The company was formerly known as General Electric
Capital Assurance Company and changed its name to Genworth Life
Insurance Company in January, 2006. The company was incorporated
in 1956 and is based in Richmond, Virginia. Genworth Life
Insurance Company operates as a subsidiary of Genworth North
America Corporation. [BN]
The Plaintiff is represented by:
John A. Yanchunis, Esq.
Rachel Soffin, Esq.
Jonathan B. Cohen, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
201 N. Franklin St., 7th Floor
Tampa, FL 33602
Telephone: (813) 223-5505
Facsimile: (813) 222-2434
E-mail: jcohen@forthepeople.com
rsoffin@forthepeople.com
jyanchunis@forthepeople.com
GIDDY INC: Faces "Kiler" Suit over Access to Boxed.com Website
--------------------------------------------------------------
MARION KILER, individually and on behalf of all others similarly
situated, Plaintiff v. GIDDY INC. d/b/a Boxed Wholesale,
Defendant, Case No. 1:18-cv-03044 (E.D.N.Y., May 23, 2018)
alleges that the Defendant is denying blind and visually-impaired
persons throughout the U.S. equal access to the goods and
services the Defendant provides to their non-disabled customers
through http//:www.Boxed.com.
Boxed.com provides to the public a wide array of the goods,
services, price specials, employment opportunities and other
programs offered by the Defendant. Yet, Boxed.com contains
thousands of access barriers that make it difficult if not
impossible for blind and visually-impaired customers to use the
website.
Giddy Inc., doing business as Boxed Wholesale, offers online
wholesale and retailing services. The company provides cleaning
and laundry, kitchen, paper, skin care, hair care, and grocery
products. Additionally, it offers diapers and organic products.
Giddy Inc. was founded in 2013 and is based in Edison, New
Jersey. [BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
44 Court St., Suite 1217
Brooklyn, NY 11201
Telephone: (917) 373-9128
E-mail: ShakedLawGroup@Gmail.com
GOODWILL INDUSTRIES: Faces "Castillo" Suit in Sacramento
--------------------------------------------------------
A class action lawsuit has been filed against Goodwill
Industries. The case is captioned as Maria Castillo, individually
and on behalf of all others similarly situated, Plaintiff v.
Goodwill Industries; and Goodwill Industries of Sacramento Valley
& Northern Nevada Inc., Defendants, Case No. 34-2018-00232536-CU-
OE-GDS (Cal. Super., Sacramento Cty., May 4, 2018).
Goodwill Industries, Inc. provides family strengthening,
education, workforce development, and employment services for
people with disabilities and other barriers to employment in
Minnesota. Goodwill Industries, Inc. was founded in 1919 and is
based in St. Paul, Minnesota. [BN]
The Plaintiff is represented by Galen T. Shimoda, Esq.
GOOGLE INC: To Pay $11MM to Owners of Suspended AdSense Accounts
----------------------------------------------------------------
Lawrence Abrams writing for Bleeping Computers, reports that
Google has agreed to create a fund of 11 million dollars as part
of a class action settlement for terminating or disabling a
publisher's Adsense accounts, but not paying out any balances
that the publisher had at the time.
The class action complaint filed by a California company named
Free Range Content, Inc. alleged that Google would shut down an
Adsense account shortly before a payment was to be made and then
deny the publisher the balance owed on the account.
The AdSense program is enormously popular. This popularity
translates annually to billions of dollars payable to AdSense
publishers -- Google's parlance for website operators that host
its ads. But as the plaintiff and many other publishers have
found, Google often shuts down AdSense accounts shortly before a
periodic payment is due and then denies the publisher the
entirety of the expected payment, notwithstanding all the ads the
publisher already has served to visitors to its website during
the payment period.
This practice has sparked numerous bitter complaints detailed at
various places on the web. For example, one self-described
AdSense publisher stated the following: "It's common knowledge
among SEOs that AdSense tends to be disabled a few days before
the supposed payout. I haven't lost any big sum -- only $2000 but
I know one person that lost $40,000. It was all legitimate
traffic coming straight from Google themselves, no click fraud no
bought traffic etc. PS: I was using AdSense from 2008 to 2013 --
over 5 years so it's not like only new users got banned."
While the Plaintiffs ultimately feel they would have won the
case, they also acknowledged in the settlement agreement that
they "recognize that Google raised defenses as to both liability
and damages, which created a material risk that Plaintiffs would
not have prevailed."
Google on the other hand has "has at all times denied -- and
continues to deny -- any and all alleged wrongdoing.
Specifically, Google denies that its conduct concerning Google
AdSense violates any law, and it is prepared to continue its
vigorous defense, including at summary judgment and trial. Even
so, taking into account the uncertainty and risks inherent in
summary judgment and trial, Google has concluded that continuing
to defend this Action would be burdensome and expensive."
With both the plaintiff and Google recognizing that this case
could have gone either way, they both felt it was in the best
interests to settle rather than continue what would be an
expensive case.
As part of the settlement agreement an 11 million dollar fund
will be created, with no more than $5,000 being paid to Class
Representatives, no more than $2,750,000 being paid to the class
action lawyers, and $116,045 reimbursed to the lawyers for costs
and expenses. The rest of the money will be used to pay
Settlement Class Members whose accounts were terminated or
disabled by Adsense and were not paid the current balance of
their accounts.
Amount of payment is based on various criteria
The amount of money that a claimant will be paid depends on the
payment group they would fall under, which is based on whether a
notice of dispute was sent in a timely manner, when they were
terminated, and what Adsense agreement their account was bound
by. For "Payment Group 1", the publisher would receive 100% of
the balance, "Payment Group 2" would receive 50%, and "Payment
Group 3" would receive 30%.
The minimum amount that can be claimed is $3.00 and any remaining
distributions will be distributed as a "cy pres" award, which is
proposed to go to Public Justice Foundation and Public Counsel.
For those who have had their Adsense accounts terminated or
disabled by Google and were not paid the balance, you can visit
the http://www.adsensepublishersettlement.com/site to submit a
claim.
Should Google's actions be considered criminal?
Some are also concerned about the heavy handed actions of Google
and their actions having no consequences.
For example, a user on Hacker News was baffled that an action
like this would not be considered a criminal act. Terminating an
account for breaking policy is one thing, but taking their money
is another thing altogether.[GN]
GRACIA MEXICAN: Doesn't Pay OT to Server, "Barnes II" Suit Says
---------------------------------------------------------------
VICTOR BARNES II and SHAWN MCBRIDE, individually and on behalf of
all others similarly situated, Plaintiffs v. GRACIA MEXICAN
KITCHEN, LLC; MATTHEW L HOEG; BRIAN SMITH; DAVID MARTINEZ; AND
PASTA COMPANY, Defendants, Case No. 2:18-cv-00140 (S.D. Tex., May
16, 2018) seeks to recover wages, overtime wages, and penalties,
liquidated damages pursuant to the Fair Labor Standards Act.
Mr. Barnes II was employed by the Defendants as server.
Gracia Mexican Kitchen, LLC is a Texas limited liability company,
having its principal place of business in Corpus Christi, Texas.
Gracia operates a restaurant in Corpus Christi, Texas that serves
food and drinks to customers locally. [BN]
The Plaintiff is represented by:
Clif Alexander, Esq.
Austin W. Anderson, Esq.
Lauren E. Braddy, Esq.
Alan Clifton Gordon, Esq.
Carter T. Hastings, Esq.
George Schimmel, Esq.
ANDERSON ALEXANDER,PLLC
819 N. Upper Broadway
Corpus Christi, TX 78401
Telephone: (361) 452-1279
Facsimile: (361) 452-1284
E-mail: clif@a2xlaw.com
austin@a2xlaw.com
lauren@a2xlaw.com
cgordon@a2xlaw.com
carter@a2xlaw.com
geordie@a2xlaw.com
GREAT AMERICAN: Fails to Pay OT, Alexander et al. Allege
--------------------------------------------------------
KENOSHA ALEXANDER, STEPHANIE CAMPBELL-WARD, STACEY HAMPTON,
PATRICE JONES SeQUOYA LESIS, and CANDIS SHIELDS, individually and
on behalf of all others similarly situated, Plaintiffs v. GREAT
AMERICAN FOODS, INC. d/b/a Krispy's Seafood & Chicken; TAJ HOME,
INC. d/b/a Shark's Fish and Chicken; Abdullah Yasin; and Biyad
Elaga Same, Defendants, Case No. 1:18-cv-03202 (N.D. Ill., May 4,
2018) is an action against the Defendants for failure to pay
overtime premiums in violation of the Fair Labor Standards Act.
The Plaintiffs, and similarly situated others were employed by
the Defendants as cashiers, cooks, and trainers.
GREAT AMERICAN FOODS, INC. d/b/a Krispy's Seafood & Chicken is a
corporation organized under the laws of the State of Illinois.
The company in engaged in the restaurant business. [BN]
The Plaintiffs are represented by:
Aaron B. Maduff, Esq.
Walker R. Lawrence, Esq.
MADUFF & MADUFF, LLC
205 N. Michigan Ave., Suite 2050
Chicago, IL 60601
Telephone: (312) 276-9000
GUARANTEED RATE: Faces "Tadena" Suit in Sacramento
--------------------------------------------------
A class action lawsuit has been filed against Guaranteed Rate
Inc. The case is captioned as Benita Tadena, individually and on
behalf of all others similarly situated, Plaintiff v. Guaranteed
Rate Inc., and Does 1-50, Defendants, Case No. 34-2018-00232323-
CU-OE-GDS (Cal. Super., Sacramento Cty., May 2, 2018).
The case was designated as a complex action on May 3, 2018.
Guaranteed Rate, Inc. provides mortgage lending services in the
United States. It offers fixed rate and adjustable rate
mortgages; jumbo loans; FHA loans; VA home loans; and interest
only mortgages for buying and refinancing homes. The company was
founded in 1999 and is based in Chicago, Illinois. It has
additional offices in the United States. [BN]
Plaintiff is represented by David Spivak, Esq.
GWC WARRANTY: Court Affirms Enforceability of Arbitration Clause
----------------------------------------------------------------
Michael Booth, writing for New Jersey Law Journal, reports that a
New Jersey appeals court on May 17 overturned a trial judge's
decision not to dismiss a putative class action targeting the
service contract signed by the plaintiff when he bought a used
pickup truck.
Appellate Division Judges Harry Carroll and Hany Mawla, in an
unpublished ruling, said the trial judge should have granted the
motion by the defendant, GWC Warranty Corp., to dismiss the
lawsuit, filed by plaintiff Joseph Signor.
"Arbitration agreements should be read liberally and in favor of
arbitration," the court said in a per curiam opinion.
The court distinguished the U.S. Court of Appeals for the Third
Circuit's 2017 decision in Noble v. Samsung: "The arbitration
provision in Noble was found on page 97 of a 143-page contract. .
. . Here, the service contract instructs consumers to look within
it for significant terms, is only 11 pages in length, and the
words 'Arbitration Provision' appear in capitalized, bold, and
underlined letters."
According to the court, the case began in 2015, when Signor
purchased a used 2003 Ford F-250 from 123 Auto Sales in
Branchville, Somerset County. At the same time, he purchased a
$916 service contract from GWC, based in Wilkes-Barre,
Pennsylvania. The contract was supposed to cover basic repairs
for 180 days of 7,500 miles, whichever came first.
It is unclear why Signor filed a lawsuit against GWC, but he did,
alleging violations of the state's Consumer Fraud Act and the
Truth-in-Consumer Contract, Warranty and Notice Act.
A Burlington County Superior Court judge denied a motion to
dismiss the lawsuit, saying the language in the contract was
ambiguous in providing that all complaints had to be settled by a
single arbitrator, abiding by rules set by the American
Arbitration Association. GWC subsequently appealed.
In reversing, the appellate court judge quoted the language of
the service contract: "Under this provision, you waive your right
to seek relief in a judicial forum."
"A plain reading of the arbitration provision demonstrates it is
clearly a waiver of the parties' right to pursue claims in court,
either on an individual or class-action basis," the court judge
said.
"We are satisfied the terms of the arbitration clause are 'stated
with sufficient clarity and consistency to be understood by the
consumer who is being charged with waiving [his or] her right to
litigate a dispute in court,'" the appeals court said, quoting
another Appellate Division panel's 2011 ruling in NAACP of Camden
County East v. Foulke Management.
Signor's attorney, Woodbury solo Lewis Adler, Esq. declined to
comment.
GWC's attorney, Kerri Chewning, Esq. -- kchewning@arecherlaw.com
-- of Archer in Haddonefield, didn't return a call seeking
comment.[GN]
HOMETOWN AMERICA: Santa Rosa Mobile Home Park Owners Files Suit
---------------------------------------------------------------
KSRO reports that residents of a Santa Rosa mobile home park
nearly destroyed by the October wildfire are suing the park
owner. The class action complaint was filed against Hometown
America Management, the corporate owner of the Orchard Mobile
Home Community where 78 of the homes were destroyed. It alleges
the company declined FEMA assistance for the residents and has
intentionally delayed cleanup and rebuilding. ABC7 spoke with
Mary Alexander, Esq. -- malexander@maryalexanderlaw.com -- the
attorney for the residents.
The suit says the Chicago-based company also threatened to start
charging displaced residents 750-dollars-a-month in space rental
even though they can't live there and aren't allowed to park
temporary trailers on their spaces.[GN]
HONEYWELL INTERNATIONAL: Faces "Steward" Suit in S.D. Illinois
--------------------------------------------------------------
A class action lawsuit has been filed against Honeywell
International, Inc. The case is captioned as Roger Steward;
Saundra Steward; Verna Welch; Savannah Welch; Wanda Sullivan and
John Sullivan, individually and on behalf of all others similarly
situated, Plaintiffs v. Honeywell International, Inc., Case No.
3:18-cv-01124-MJR-SCW (S.D. Ill., May 16, 2018). The case is
assigned to Judge Michael J. Reagan and referred to Magistrate
Judge Stephen C. Williams.
Honeywell International Inc. operates as a diversified technology
and manufacturing company worldwide. It operates through four
segments: Aerospace; Home and Building Technologies; Performance
Materials and Technologies; and Safety and Productivity
Solutions. Honeywell International Inc. was founded in 1920 and
is headquartered in Morris Plains, New Jersey. [BN]
The Plaintiff is represented by:
David R. Barney, Jr., Esq.
THOMPSON BARNEY
2030 Kanawha Boulevard East
Charleston, WV 25311
Telephone: (304) 343-4401
Facsimile: (304) 343-4405
E-mail: drbarneywv@gmail.com
- and -
James F. Clayborne, Jr.
CLAYBORNE, SABO AND WAGNER LLP
525 West Main Street, Suite 105
Belleville, IL 62220
Telephone: (618) 239-0187
Facsimile: (618) 416-7556
E-mail: jclayborne@cswlawllp.com
HOUSEKEEPING SERVICES: Underpays Drivers, Bowers Alleges
--------------------------------------------------------
Darryl Bowers, individually and on behalf of all others similarly
situated, Plaintiff v. Housekeeping Services of Hilton Head, LLC,
and David L. Myer, Defendants, Case No. 9:18-cv-01341-BHH (D.S.C.
May 16, 2018) is an action against the Defendants for unpaid
regular hours, overtime hours, minimum wages, wages for missed
meal and rest periods.
The Plaintiff Bowers was employed by the Defendants as a driver
from November 2013 to October 2017.
Housekeeping Services of Hilton Head, LLC provides resort
housekeeping, residential maid service, business janitorial
services, and carpet and window cleaning services. The Company is
a corporation registered in South Carolina. [BN]
The Plaintiff is represented by:
Marybeth Mullaney, Esq.
MULLANEY LAW
1037-D Chuck Dawley Blvd, Suite 104
Mount Pleasant, SC 29464
Telephone: (843) 588-5587
Facsimile: (843) 593-9334
E-mail: marybeth@mullaneylaw.net
ICOT HEARING: Made Unsolicited Calls, "Hennie" Suit Alleges
-----------------------------------------------------------
MATTHEW HENNIE, individually and on behalf of all others
similarly situated, Plaintiff v. ICOT HEARING SYSTEMS, LLC D/B/A
LISTENCLEAR, and ICOT HOLDINGS, LLC, Defendants, Case No. 1:18-
cv-02045-WSD (N.D. Ga., May 9, 2018) alleges that the Defendants
has made unsolicited calls in violation of the Telephone Consumer
Protection Act.
According to the complaint the Defendants commissioned pre-
recorded telemarketing calls to the Plaintiff and other putative
class members without their prior express written consent.
ICOT Hearing Systems, LLC d/b/a ListenClear is a domestic limited
liability company doing business in, Savannah, GA 31401. [BN]
The Plaintiff is represented by:
Steven H. Koval, Esq.
THE KOVAL FIRM, LLC
3575 Piedmont Road
Building 15, Suite 120
Atlanta, GA 30305
Telephone: (404) 513-6651
Facsimile: (404) 549-4654
E-mail: shkoval@aol.co
IDT TELECOM: Made Unsolicited Calls, "Sanchez" Suit Alleges
-----------------------------------------------------------
Jean Carlos Sanchez, individually and on behalf of all others
similarly situated, Plaintiff v. IDT Telecom, Inc. d/b/a/ Boss
Revolution, Defendant, Case No. 1:18-cv-03153 (N.D. Ill., May 2,
2018) alleges that the Defendant has made unsolicited calls in
violation of the Telephone Consumer Act.
Plaintiff alleges that Defendant made unauthorized text messages
and calls using an automatic telephone dialing system to the
cellular telephone numbers of Plaintiff and the other members of
the Class without their prior express written consent.
IDT Telecom, Inc. provides retail and wholesale
telecommunications services and products. IDT Telecom, Inc.
operates as a subsidiary of IDT Corporation. [BN]
The Plaintiff is represented by:
William H. Beaumont, Esq.
Roberto Luis Costales, Esq.
BEAUMONT COSTALES LLC
3151 W. 26th Street, Second Floor
Chicago, IL 60623
Telephone: (773) 831-8000
E-mail: rlc@beaumontcostales.com
whb@beaumontcostales.com
ILLINOIS: Faces "Tucker" Suit over Parolees' Constitutional Right
-----------------------------------------------------------------
JASON TUCKER and DANIEL BARRON, individually and on behalf of all
others similarly situated, Plaintiffs v. JOHN BALDWIN, in his
official capacity as Director of the Illinois Department of
Corrections, Defendant, Case No. 1:18-cv-03154 (N.D. Ill., May 2,
2018) seeks to challenge the constitutionality of the Defendant's
policies restricting parolees' access to computers, the internet,
and any internet-accessible devices.
The Illinois Department of Corrections (IDOC) is the code
department of the Illinois state government that operates the
adult state prison system. The IDOC is led by a director
appointed by the Governor of Illinois, and its headquarters are
in Springfield. [BN]
The Plaintiff is represented by:
Mark G. Weinberg, Esq.
LAW OFFICE OF MARK G. WEINBERG
3612 N. Tripp Avenue
Chicago, IL 60641
Telephone: (773) 283-3913
- and -
Adele D. Nicholas, Esq.
LAW OFFICE OF ADELE D. NICHOLAS
5707 W. Goodman Street
Chicago, IL 60630
Telephone: (847) 361-3869
INTEGRATED ENERGY: Faces "Hozi" Suit in Sacramento, California
--------------------------------------------------------------
A class action lawsuit has been filed against Integrated Energy
Technologies Inc. The case is captioned as George Hozi,
individually and on behalf of all others similarly situated,
Plaintiff v. Integrated Energy Technologies Inc.; Doncasters GCE;
and Does 1-100, Defendants, Case No. 34-2018-00232511-CU-OE-GDS
(Cal. Super., Sacramento Cty., May 4, 2018).
Integrated Energy Technologies, Inc. designs, produces, and
supplies turbine engine components and systems in the United
States and internationally. Integrated Energy Technologies, Inc.
operates as a subsidiary of Doncasters Group Limited. [BN]
The Plaintiff is represented by Edwin Aiwazian, Esq.
INTER-CONTINENTAL HOTELS: Faces "Dolan" Suit in N.D. Georgia
------------------------------------------------------------
A class action lawsuit has been filed against Inter-Continental
Hotels Corporation. The case is captioned as Milita Dolan,
individually and on behalf of all others similarly situated,
Plaintiff v. Inter-Continental Hotels Corporation; and
Intercontinental Hotels Group Resources, Inc., Case No. 1:18-cv-
02039-RWS (N.D. Ga., May 9, 2018). The case is assigned to Judge
Richard W. Story.
Inter-Continental Hotels Corporation operates a chain of hotels
and resorts in North America, South America, Central-America/the
Caribbean, Africa, Europe, Australasia/the Oceania, the Asia
Pacific, and the Middle East. InterContinental Hotels Corporation
was formerly known as International Hotels Corporation and
changed its name to InterContinental Hotels Corporation in 1947.
The company was founded in 1946 and is based in Atlanta, Georgia.
Inter-Continental Hotels Corporation operates as a subsidiary of
Intercontinental Hotels Group plc. [BN]
The Plaintiff is represented by:
Anthony C. Lake, Esq.
GILLEN WITHERS & LAKE, LLC
4900 Galleria Parkway, Suite 1920
Atlanta, GA 30339
Telephone: (404) 842-9700
Facsimile: (404) 842-9750
E-mail: aclake@gwllawfirm.com
- and -
Kelly K. Iverson, Esq.
Carlson Lynch Sweet &
KILPELA & CARPENTER, LLP - PA
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
E-mail: kiverson@carlsonlynch.com
- and -
R. Bruce Carlson, Esq.
CARLSON LYNCH
P.O. Box 367
231 Melville Lane
Sewickley, PA 15143
Telephone: (412) 749-1677
- and -
Thomas A. Withers, Esq.
GILLEN WITHERS & LAKE, LLC
8 E. Liberty Street
Savannah, GA 31401
Telephone: (912) 447-8400
Facsimile: (912) 233-6584
E-mail: twithers@gwllawfirm.com
INTERNATIONAL FOLLIES: Underpays Entertainers, Crittendon Says
--------------------------------------------------------------
CRYSTAL CRITTENDON; SHALEAH DAYE, RIANA EAST; CASSIDY GATES;
JOVANA GIBBS-ARNOLD; ASHLEY HAYES; MERRIAH HILLARD; ASHLEY
JOHNSON; TIFFANY LOWE; JASMINE ROSS; JASMINE THOMAS; MEGAN
THOMAS; SAMANTHA WILLIAMS; LINDSEY CROOME; NICOLE MILLER-JORDAN
and AVIA SHLTON, individually and on behalf of all others
similarly situated, Plaintiffs v. INTERNATIONAL FOLLIES, INC.
d/b/a Cheetah, and JACK BRAGLIA, Defendants, Case No. 1:18-cv-
02185-ELR (N.D. Ga., May 16, 2018) seeks to recover proper
minimum wage, overtime wages for all hours worked, and earned
customer tips and gratuities.
The Plaintiffs were employed by the Defendants as entertainers.
International Follies, Inc. d/b/a Cheetah is a Georgia
corporation with principal place of business in Fulton County,
Georgia. [BN]
The Plaintiffs are represented by:
Ainsworth G. Dudley, Esq.
DUDLEY LAW, LLC
4200 Northside Parkway
Bldg. 1, Suite 200
Atlanta, GA 30327
Telephone: (404) 687-8205
E-mail: adudleylaw@gmail.com
- and -
Jonah A. Flynn, Esq.
FLYNN LAW FIRM, LLC
4200 Northside Parkway NE
Building One, Suite 200
Atlanta, GA 30327
Telephone: (404) 835-9660
Facsimile: (404) 835-6005
E-mail: jflynn@flynnfirm.com
INTERNATIONAL FOOD: Fails to Pay Wages, "Morales" Suit Says
-----------------------------------------------------------
Angela Lynn Morales, individually and on behalf of all others
similarly situated, Plaintiff v. International Food Chains, LLC,
and Fabricio A. Martinez, Defendants, Case No. 71174605 (Fla.
Jud. Cir., April 24, 2018) seeks to recover proper minimum wages,
proper overtime compensation, liquidated damages and attorneys'
fees, pursuant to the Fair Labor Standards Act.
Ms. Morales was employed by the Defendants as a head cashier,
from December 31, 2016 to July 5, 2017.
International Food Chains, LLC is a Florida corporation. [BN]
The Plaintiff is represented by:
Jason S. Remer, Esq.
Brody M. Shulman, Esq.
REMER & GEORGES-PIERRE, PLLC
44 West Flagler Street, Suite 200
Miami, FL 33130
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
E-mail: jremer@rgpattorneys.com
J&L SERVICES: Lindblad Sues over Employment Discrimination
----------------------------------------------------------
Raquel Lindblad and Tyreshia Brantley, individually and on behalf
of all others similarly situated, Plaintiff v. J&L Services,
Inc., Joel Pellici, Jr., Rick Jakall, Carlo Hamade, and
McDonald's Corp., Defendants, Case No. 4:18-cv-01336-RBH-TER
(D.S.C., May 15, 2018) seeks to represent a class defined as job
applicants of the Defendants' McDonald's restaurants whose
applications were disregarded based solely on their names being
deemed "black-sounding" or minority-sounding".
According to the complaint, the Plaintiff Lindblad as a store
manager at one of Defendants' restaurants, she was forced to
implement and enforce these discriminatory practices over her
repeated objections and was constructively discharged when she
could no longer endure the emotional and physical toll of the
hostile work environment and retaliation.
The Plaintiff Brantley is one of countless jobseekers who applied
for employment with the Defendants but whose applications were
disregarded solely on the basis that their names were deemed
"black" or "minority" by the Defendants, thus, disqualifying them
from employment opportunities.
J&L Services, Inc was founded in 1993. The company's line of
business includes renting or leasing equipment. [BN]
The Plaintiff is represented by:
Molly R. Hamilton Cawley, Esq.
MHC LAW, LLC
1250 Folly Road
Charleston, SC 29412
Telephone: (843) 225-8651
E-mail: molly@mhc-lawfirm.com
- and -
Eric M. Baum, Esq.
Sagar Shah, Esq.
EISENBERG & BAUM, LLP
24 Union Square East, 4th Floor
New York, NY 10003
Telephone: (212) 353-8700
E-mail: ebaum@EandBlaw.com
sshah@EandBlaw.com
JAGUAR LAND ROVER: Schmidt Alleges Primary Chain Assembly Defects
-----------------------------------------------------------------
Robert Schmidt, individually and on behalf of all others
similarly situated, Plaintiff v. Jaguar Land Rover Automotive
PLC, and Jaguar Land Rover North America, LLC, Defendants, Case
No. 2:18-cv-08528-CCC-JBC (D.N.J., April 29, 2018) seeks
injunctive relief, monetary damages, including multiple damages
where applicable, court costs and attorney fees against each of
the Defendants based upon their breach of express warranty,
breach of implied warranty, misrepresentation, unfair and
deceptive business practices under the laws of New Jersey and the
Magnuson-Moss Warranty Act.
The Plaintiff alleges in the complaint, that the defendants
purposefully ignored the primary chain assembly defects for years
in order to avoid substantial costs associated with remedying
these defects under warranty.
As a result of the defects, the Defendants redesigned the primary
chain, primary chain tensioner and primary chain guide/rails
incorporated in class engines multiple times in an effort to
resolve the primary chain assembly defects that cause
catastrophic engine failure. The revised tensioner has a
significantly lowered mounting angle with respect to the
tensioning rail. The tensioning rail has a steel insert cast into
the rail where the tensioner piston contacts the rail. These
subsequent changes, both in design and materials, were
implemented to reduce wear and the resulting chain slack caused
by an improperly tensioned chain and decrease the incidence of
primary chain assembly failure.
Another cause of primary chain assembly failure in class engines
is premature and unacceptable excessive chain stretch. When this
condition occurs, slack introduced into the primary chain
assembly causes misalignment of the camshafts and crankshaft
synchronization. As the chain stretch condition worsens and the
capacity of the hydraulic chain tensioners is exceeded, chain
slippage on the camshaft/crankshaft sprocket teeth will eventual
allow sufficient camshaft and crankshaft synchronization
misalignment causing engine stall and/or the pistons to collide
with the cylinder valves causing catastrophic engine damage. The
type of chain selected for the class engine primary chains is
known as a gear chain (a/k/a top load chain and/or inverted tooth
chain). Gear chains if not properly constructed from suitable
materials and under strict manufacturing tolerances are
particularly susceptible to premature elongation especially in
automotive engines with longer timing chains such as V8 engine
applications including the class engine. Chain elongation results
in chain sprocket wear because the individual chain links no
longer mesh correctly with the sprocket teeth. This exponentially
increases the wear of the chain assembly contact surfaces
resulting in catastrophic failure.
Rather than correct both the tensioner/tensioning rail defect
together with the chain elongation defect, the defendants elected
to ignore the chain elongation defect with the apparent hope that
the revision of the tensioner/tensioning rail would also
alleviate chain elongation, knowing that the problem is
accentuated in longer gear chains used in class engines. The
chain assemblies for the class engines have been redesigned, were
fabricated from different materials and/or subjected to more
stringent manufacturing tolerances after the revisions to the
chain tensioner and tensioning rails failed to resolve class
engine premature chain failures.
Jaguar Land Rover Automotive PLC designs, develops, and
manufactures sports cars and all-terrain vehicles. The Company
offers powertrains, turbocharged engines, and sells its products.
[BN]
The Plaintiff is represented by:
Gary S. Graifman, Esq.
Jay I. Brody, Esq.
747 Chestnut Ridge Road
Chestnut Ridge, NY 10977
Telephone: (845) 356-2570
Facsimile: (845) 356-4335
E-mail: ggraifman@kgglaw.com
- and -
Thomas P. Sobran, Esq.
THOMAS P SOBRAN PC
7 Evergreen Lane
Hingham, MA 02043
Telephone: (781) 741-6075
Facsimile: (781) 741-6074
E-mail: tsobran@sobranlaw.com
JANISAN INC: Faces "Gamez" Suit in C.D. California
--------------------------------------------------
A class action lawsuit has been filed against Janisan, Inc. The
case is captioned as Joshua Gamez, individually and on behalf of
all others similarly situated, Plaintiff v. Janisan, Inc.,
Defendant, Case No. 2:18-cv-03603-JAK-SK (C.D. Cal., April 27,
2018). The case is assigned to Judge John A. Kronstadt and
referred to Magistrate Judge Steve Kim.
Janisan, Inc was founded in 2004. The company's line of business
includes building cleaning and maintenance services. [BN]
The Plaintiff is represented by:
Scott J Ferrell, Esq.
David W Reid, Esq.
Victoria C Knowles, Esq.
PACIFIC TRIAL ATTORNEYS APC
4100 Newport Place Drive Suite 800
Newport Beach, CA 92660
Telephone: (949) 706-6464
Facsimile: (949) 706-6469
E-mail: sferrell@pacifictrialattorneys.com
dreid@pacifictrialattorneys.com
vknowles@pacifictrialattorneys.com
JBS CARRIERS: Removes "Skau" Suit to W.D. Washington
----------------------------------------------------
The Defendant in the case of Kurt Skau, individually and on
behalf of all others similarly situated, Plaintiff v. JBS
Carriers, Inc., Defendant, filed a notice to remove the lawsuit
from the Superior Court of the State of Washington, King County
(Case No. 17-00002-23242-4) to the U.S. District Court for the
Western District of Washington and assigned Case No. 2:18-cv-
00681-RAJ (W.D. Wash., May 10, 2018). The case is assigned to
Judge Richard A. Jones.
JBS Carriers, Inc. provides trucking transportation services. The
Company offers truckload carrier services handling both
refrigerated and non-refrigerated freight. JBS Carriers serves
clients in the United States. [BN]
The Plaintiff is represented by:
Greg Alan Wolk, Esq.
Hardeep S Rekhi, Esq.
REKHI & WOLK, P.S.
529 Warren Avenue N., Suite 201
Seattle, WA 98109
Telephone: (206) 388-5887
Facsimile: (206) 577-3924
E-mail: greg@rekhiwolk.com
hardeep@rekhiwolk.com
- and -
Maria Hoisington-Bingham, Esq.
Toby James Marshall, Esq.
TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Ste 300
Seattle, WA 98103-8869
Telephone: (206) 816-6603
E-mail: mhoisington@terrellmarshall.com
tmarshall@terrellmarshall.com
The Defendant is represented by:
Michael J Killeen, Esq.
Nathaniel Joseph Wonderly, Esq.
DAVIS WRIGHT TREMAINE (SEA)
1201 Third Avenue, Ste 2200
Seattle, WA 98101-3045
Telephone: (206) 622-3150
Facsimile: (206) 757-7700
E-mail: mikekilleen@dwt.com
joewonderly@dwt.com
JOBS AND MAIN: Faces "Schroeder" Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Jobs and Main
Realty Co. LLC. The case is captioned as Arlene Schroeder,
individually and on behalf of all others similarly situated,
Plaintiff v. Jobs and Main Realty Co. LLC; and John Doe doing
business as J. McLaughlin, Defendants, Case No. 2:18-cv-02741-
SJF-ARL (E.D.N.Y., May 8, 2018). The case was assigned to Judge
Sandra J. Feuerstein and referred to Magistrate Judge Arlene R.
Lindsay.[BN]
The Plaintiff is represented by:
James E. Bahamonde, Esq.
LAW OFFICE OF 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
JOHN PAULSON: Faces "Rodriguez" Suit over Sales Taxes
-----------------------------------------------------
Wilfredo Rodriguez, individually and on behalf of all others
similarly situated, Plaintiff v. John Paulson; Solera; Perla
Restaurant; Delicias Restaurant; Sereno Beach Bar & Grill;
Komakai Sushi Bar; Aroma Cafe; La Concha Hotel Tower, Inc.;
Condado Duo La Concha SPV, LLC; Condado Duo La Concha Casino SPV,
LLC; Condado Duo La Concha Hotel Tower SPV, LLC; Fahad Ghaffar;
1919 Restaurant; Ola Oceanfront; Tacos & Tequila; VC Lounge;
Veritas Wine and Cognac Bar; Marabar Martini Bar and Lounge; Avo
Lounge; Condado Duo Vanderbilt Hotel Towers, Inc.; Condado Duo
Vanderbilt Hotel Towers SPV, LLC; Condado Duo Vanderbilt SPV,
LLC; International Hospitality Group, Inc.; and John Doe's 1-50,
Defendants, Case No. 3:18-cv-01257-DRD (D.P.R., May 2, 2018)
alleges that the Defendants illegally and knowingly charged sales
taxes.
According to the complaint, Puerto Rico was devastated by the
passing of both hurricanes Irma and Maria. The island laid in the
wake of one of the most destructive natural events in its
history. It had been left without power, running water and for
many families, homes.
The Government of Puerto Rico, through its various offices and
departments scrambled to get relief for its people. The Governor
of Puerto Rico, Ricardo Rosello, declared a state of emergency
and held that many regulations and laws would be provisionally
stayed to bring a bit of tranquility and relief to the people
affected by the hurricanes and many other people that came to
Puerto Rico to help in the relief efforts.
One of the laws that was waived was part of the general 11.5%
sales tax, commonly known as "IVU", that applies to every
purchase made in Puerto Rico. Via executive order the Governor of
Puerto Rico waived the tax on pre-premade food in fast foods and
restaurants for an indeterminate time. This executive order was
upheld by the Secretary of Treasury through the directive DA 17-
12, since September 21, 2017 and subsequently amended to extend
the period until January 7, 2018 at 11:59 pm Eastern Standard
Time.
On November 4, 2017, the Plaintiff Rodriguez was illegally
charged the abated tax at the Defendants' resorts. Like the
Plaintiff, members of the class were also illegally charged the
abated tax at Defendants' resorts.[BN]
The Plaintiff is represented by:
Francisco E. Colon-Ramirez, Esq.
San Juan, PR 00936-1920
Telephone: (888) 760-1077
Facsimile: (305) 507-1920
E-mail: fecolon@colonramirez.com
- and -
Keith Altman, Esq.
EXCOLO LAW, PLLC
26700 Lahser Road, Suite 401
Southfield, MI 48033
Telephone: (516) 456-5885
E-mail: kaltman@lawampmmt.com
JOHNSON & JOHNSON: Sued by "Dahl" over Sale of Talcum Products
--------------------------------------------------------------
CYNTHIA DAHL, Plaintiff v. JOHNSON & JOHNSON; JOHNSON & JOHNSON
CONSUMER INC. f/k/a JOHNSON & JOHNSON CONSUMER COMPANIES, INC.;
IMERYS TALC AMERICA, INC.; and DOES 1 through 100, inclusive,
Case No. 18CV327541 (Cal. Super., Santa Clara Cty., May 2, 2018)
alleges that Defendants' talcum-based products cause cancer.
According to the complaint, the Plaintiff Dahl developed ovarian
cancer, and suffered effects and sequelae therefrom, as a direct
and proximate result of the unreasonably dangerous and defective
nature of talcum powder, the main ingredient of the Defendants
talcum based products.
Johnson & Johnson, together with its subsidiaries, researches and
develops, manufactures, and sells various products in the health
care field worldwide. Johnson & Johnson was founded in 1885 and
is based in New Brunswick, New Jersey. [BN]
The Plaintiff is represented by:
Lee Cirsch, Esq.
Michael Akselrud, Esq.
THE LANIER LAW FIRM, PC
21550 Oxnard Street, 3rd Floor
Woodland Hills, CA 91367
Telephone: (310) 277-5100
Facsimile: (310) 277-5103
E-mail: lee.cirsch@lanierlawfirm.com
michael.akselrud@lanierlawfirm.com
JOHNSON & JOHNSON: Sued by "Eme" over Sale of Talcum Products
-------------------------------------------------------------
ELLEN EME and ANTHONY EME, Plaintiffs v. JOHNSON & JOHNSON;
JOHNSON & JOHNSON CONSUMER INC. f/k/a JOHNSON & JOHNSON CONSUMER
COMPANIES, INC.; IMERYS TALC AMERICA, INC.; and DOES 1 through
100, inclusive, Case No. 18CV327542 (Cal. Super., Santa Clara
Cty., May 2, 2018) alleges that Defendants' talcum-based products
cause cancer.
According to the complaint, the Plaintiff Ellen developed ovarian
cancer, and suffered effects and sequelae therefrom, as a direct
and proximate result of the unreasonably dangerous and defective
nature of talcum powder, the main ingredient of the Defendants
talcum based products.
Johnson & Johnson, together with its subsidiaries, researches and
develops, manufactures, and sells various products in the health
care field worldwide. Johnson & Johnson was founded in 1885 and
is based in New Brunswick, New Jersey. [BN]
The Plaintiff is represented by:
Lee Cirsch, Esq.
Michael Akselrud, Esq.
THE LANIER LAW FIRM, PC
21550 Oxnard Street, 3rd Floor
Woodland Hills, CA 91367
Telephone: (310) 277-5100
Facsimile: (310) 277-5103
E-mail: lee.cirsch@lanierlawfirm.com
michael.akselrud@lanierlawfirm.com
JOHNSON & JOHNSON: Faces "Hennessy" Suit over Sale of Talc
----------------------------------------------------------
JULIANNE HENNESSY, Plaintiff v. JOHNSON & JOHNSON; JOHNSON &
JOHNSON CONSUMER INC. F/K/A JOHNSON & JOHNSON CONSUMER COMPANIES,
INC.; IMERYS TALC AMERICA, INC.; and DOES 1 through 100,
inclusive, Defendants, Case No. 18CV327543 (Cal. Super., Santa
Clara Cty., May 2, 2018) seeks recovery for damages as a result
of the Plaintiffs' ovarian and fallopian tube cancer, which was
directly and proximately caused by the wrongful conduct of the
Defendants, the false and fraudulent representations, omissions,
and concealments of the defective nature of talcum powder, the
main ingredient of the Defendants' product.
Plaintiffs alleged that they developed ovarian cancer, and
suffered effects and sequelae therefrom, as a direct and
proximate result of the unreasonably dangerous and defective
nature of talcum powder, the main ingredient of the Defendants'
products. The Defendants also committed wrongful and negligent
conduct in the research, development, testing, manufacture,
production, formulation, processing, packaging, promotion,
distribution, marketing, and sale of the their products and the
talcum powder that comprises the products.
Johnson & Johnson, together with its subsidiaries, researches and
develops, manufactures, and sells various products in the health
care field worldwide. Johnson & Johnson was founded in 1885 and
is based in New Brunswick, New Jersey. [BN]
The Plaintiff is represented by:
Lee Cirsch, Esq.
Michael Akselrud, Esq.
THE LANIER LAW FIRM, PC
21550 Oxnard Street, 3rd Floor
Woodland Hills, CA 91367
Telephone: (310) 277-5100
Facsimile: (310) 277-5103
E-mail: lee.cirsch@lanierlawfirm.com
michael.akselrud@lanierlawfirm.com
K KAI SALON: Fails to Pay Proper Wages, "Mora" Suit Says
--------------------------------------------------------
Fanny Mora, individually and on behalf of all others similarly
situated, Plaintiff v. K Kai Salon, LLC and Susanna Buhler,
Defendants, Case No. 711771365 (Fla. Jud. Cir., April 24, 2018)
seeks to recover unpaid minimum wage, overtime compensation,
liquidated damages, attorney's fees and costs, pursuant to the
Fair Labor Standards Act.
Ms. Mora was employed by the Defendants from January 2017 to
January 5, 2018, as a nail tech.
K Kai Salon, LLC is a Florida corporation, engaged in the
business of salon and beauty products. [BN]
The Plaintiff is represented by:
Jason S. Remer, Esq.
Brody M. Shulman, Esq.
REMER & GEORGES-PIERRE, PLLC
44 West Flagler Street, Suite 200
Miami, FL 33130
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
E-mail: jremer@rgpattorneys.com
KROGER CO: "Rodriguez" Suit Alleges FCRA Violation
--------------------------------------------------
JOHNATHAN RODRIGUEZ, individually and on behalf of all others
similarly situated, Plaintiff v. THE KROGER CO., and THE KROGER
LIMITED PARTNERSHIP I, Defendants, Case No. 1:18-cv-00332-SJD
(S.D. Ohio., May 15, 2018) alleges violations of the Fair Credit
Reporting Act.
Plaintiff alleges in the complaint that the Defendants
systematically violate the FCRA by using consumer reports to take
adverse employment actions without, beforehand, providing the
person who is the subject of the report sufficient and timely
notification and a copy of the report and a summary of rights
under the FCRA, leaving the person who is the subject of the
report without any meaningful opportunity to correct any errors
on the report.
The Kroger Co., together with its subsidiaries, operates as a
retailer in the United States. It operates under the banner
brands, such as Kroger, Ralphs, Fred Meyer, King Soopers, etc.,
as well as Simple Truth and Simple Truth Organic brands. The
Kroger Co. was founded in 1883 and is based in Cincinnati, Ohio.
[BN]
The Plaintiff is represented by:
Sylvia A. Goldsmith, Esq.
GOLDSMITH & ASSOCIATES, LLC
20545 Center Ridge Road, Suite 415
Rocky River, OH 44116
Telephone: (440) 934-3025
Facsimile: (440) 934-3026
E-mail: goldsmith@goldsmithlawyers.com
- and -
James A. Francis, Esq.
John Soumilas, Esq.
Lauren KW Brennan, Esq.
FRANCIS & MAILMAN, P.C.
Land Title Building, 19th Floor
100 South Broad Street
Philadelphia, PA 19110
Telephone: (215) 735-8600
Facsimile: (215) 940-8000
E-mail: jfrancis@consumerlawfirm.com
jsoumilas@consumerlawfirm.com
lbrennan@consumerlawfirm.com
LAKEMOOR, IL: Lawsuit Over Red Light Cameras Remains Active
-----------------------------------------------------------
Brittany Keeperman, writing for Northwest Herald, reports that
the village of Lakemoor has removed its red-light cameras, but
drivers might not be in the clear for good.
Lakemoor officials said they removed the cameras because of a
construction project, and the devices could go back up.
The village is facing an ongoing lawsuit related to the cameras,
which have generated millions in revenue toward Lakemoor's
budget.
"We have a major [Illinois Department of Transportation] project,
and cameras aren't allowed during construction," Lakemoor Mayor
Todd Weihofen said. "We will re-evaluate the need for the cameras
once we see how the intersection lays out. . . . Hopefully it
will be safer once improvements are made."
Lakemoor is one of only two McHenry County municipalities to use
red-light cameras. Fox River Grove has the last remaining
intersection with cameras at Routes 12 and 14. Lake in the Hills
and Algonquin both shut down red-light camera programs in 2016.
The programs are set up to improve safety, but they also generate
revenue. Lakemoor has collected $3.6 million since January 2016
in violation fines, according to records provided by the village
under a Freedom of Information Act request.
That revenue came from 56,904 violations at Routes 12 and 120 in
Lakemoor.
Lakemoor also is in the midst of a class-action lawsuit that
alleges the red-light notices aren't valid because the tickets
don't reference the ordinance allegedly violated.
Weihofen said he is confident the case will be tossed.
"We are positive we will prevail," he said. "They are trying to
come up with a technicality that isn't really there."
The two people named in the class-action suit -- Brian Knutson
and Heather Bendl -- received tickets in 2014 and 2012,
respectively. The two paid the fines and didn't take advantage of
opportunities to challenge the tickets, according to court
documents filed by the village.
"Plaintiffs were afforded a hearing, but neither plaintiff
availed him or herself of that process," court documents filed by
the village's legal representation read. "Thus, no viable due
process claim exists."
Knutson didn't challenge the citation at a hearing and paid the
ticket. Bendl's fine and late fees ultimately were taken out of
her Illinois tax refund, according to court documents.
Lakemoor also claims that the statute of limitations has passed.
Weihofen called the case a publicity stunt.
Chicago-based Roth Fioretti LLC is representing the group of
motorists, and one of its lawyers, Bob Fioretti, Esq. --
rwf@rothfioretti.com -- is a former Chicago alderman who recently
ran for Cook County Board president. Fioretti lost to incumbent
Toni Preckwinkle in the March primary.
Mark Roth, Esq. -- mark@rothfioretti.com -- who is handling the
Lakemoor case for the firm, said there is no political aim in the
suit.[GN]
LASALLE GROUP: Fails to Pay Proper Wages, "Ruffolo" Suit Alleges
----------------------------------------------------------------
Aracelis Ruffolo; Dominique Bonseigneur; and Bianca Fairman,
individually and on behalf of all others similarly situated,
Plaintiff v. LaSalle Group, Inc., and Tamyra Miracle, Defendants,
Case No. 1:18-cv-03305 (N.D. Ill., May 9, 2018) seeks to recover
minimum wages, liquidated damages, attorney's fees and costs.
The Plaintiffs were employed by the Defendants as an hourly-paid,
exempt employees.
The LaSalle Group, Inc. develops, builds, manages, and owns
specialized assisted living residences for people. The Company
provides consultation, business support and management in the
areas of finance, accounting, asset management, legal, and
marketing.[BN]
The Plaintiff is represented by:
Kimberly Hilton, Esq.
David J. Fish, Esq.
John Kunze, Esq.
THE FISH LAW FIRM
200 E 5 th Ave Suite 123
Naperville, IL 60563
LENDINGCLUB CORP: Safirstein Metcalf Files Securities Class Suit
----------------------------------------------------------------
Safirstein Metcalf LLP, disclosed that a class action lawsuit has
been filed on behalf of purchasers of the securities of
LendingClub Corporation ("LendingClub" or the "Company")
(NYSE:LC) between February 28, 2015 and April 25, 2018, both
dates inclusive (the "Class Period").
If you purchased LendingClub securities during the Class Period
and would like more information about the shareholder class
action, please contact Safirstein Metcalf LLP at 1-800-221-0015,
or email info@SafirsteinMetcalf.com
If you wish to serve as lead plaintiff, you must move the Court
no later than July 2, 2018. A lead plaintiff is a
representative party acting on behalf of other class members in
directing the litigation. Any member of the putative class may
move the Court to serve as lead plaintiff through counsel of
their choice or may choose to do nothing and remain an absent
class member.
The complaint alleges that throughout the Class Period Defendants
made false and/or misleading statements and/or failed to disclose
that: (1) LendingClub falsely promised consumers they would
receive a loan with "no hidden fees"; (2) LendingClub's privacy
policy did not comply with the Gramm-Leach-Bliley Act; (3)
consequently, the foregoing conduct would subject LendingClub's
business practices to heightened regulatory scrutiny by the U.S.
Federal Trade Commission ("FTC"); and (4) as a result,
Defendants' public statements were materially false and
misleading at all relevant times.
On April 25, 2018, the FTC "charged the LendingClub Corporation
with falsely promising consumers they would receive a loan with
'no hidden fees,' when, in actuality, the company deducted
hundreds or even thousands of dollars in hidden up-front fees
from the loans." The FTC's complaint against LendingClub states
that the Company is "persisting in this conduct despite warnings
from its own compliance department that [it's] concealment of the
up-front fee is 'likely to mislead the consumer.'" Additionally,
the FTC's complaint states that LendingClub's "internal
compliance reviews repeatedly cite the concealment of the fee as
a significant problem for consumers."
Following this news, LendingClub's stock fell $0.49 per share, or
over 15%, from its previous closing price to close at $2.77 per
share on April 25, 2018. [GN]
LEGACY RESERVES: Hearing Held on Injunction & Dismissal Bids
------------------------------------------------------------
Jeff Montgomery, writing for Law360, reported that attorneys for
investors facing an estimated $160 million loss from an oil and
gas well master limited partnership's proposed conversion into a
corporation branded the plan an improper, "massive transfer of
wealth" on June 4, and urged the Delaware Chancery Court to block
the move. The proposal would convert Legacy Reserves LP and
affiliates into a "C-corporation". The lawsuit claim the deal
could cost preferred unitholders more than $237 million.
Legacy Reserves LP said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 2, 2018, for the
quarterly period ended March 31, 2018, that on March 28, 2018, a
purported holder of the Partnership's Preferred Units filed a
putative class action challenging a Merger transaction against
the Partnership, the General Partner and New Legacy (the "Doppelt
Action"). The Doppelt Action contains two causes of action
challenging the Merger, including breach of the Fifth Amended and
Restated Agreement of Limited Partnership of the Partnership (the
"Partnership Agreement") and breach of the implied covenant of
good faith and fair dealing.
The plaintiff in the Doppelt Action seeks injunctive relief
prohibiting consummation of the Merger or, in the event the
Merger is consummated, rescission or rescissory damages, as well
as reasonable attorneys' and experts' fees and expenses.
Additionally, on April 4, 2018, a motion to expedite was filed in
connection with the Doppelt Action, by which the plaintiff sought
a hearing on a motion for a preliminary injunction prior to the
close of the Merger and requested that the court set an expedited
discovery schedule prior to any such hearing. The plaintiff in
the Doppelt Action also filed a lawsuit against the Partnership
and the General Partner in 2017 for breach of the Partnership
Agreement based on the treatment of the accrued but unpaid
preferred distributions as "guaranteed payments" for tax
purposes.
A second putative class action lawsuit challenging the Merger was
filed on April 3, 2018 against the Partnership, the Partnership
GP and New Legacy (the "Chammah Ventures Action"). The Chammah
Ventures Action contains the same causes of action and that
plaintiff seeks substantially the same relief as the plaintiff in
the Doppelt Action. On April 13, 2018, the Court issued an order
consolidating the Doppelt and Chammah actions and appointing
Plaintiff Doppelt as lead plaintiff and his counsel as lead
counsel for the putative class action. On April 13, 2018, the
Court also granted the motion to expedite the consolidated
action.
Rachel Graf, writing for Law360, reported that Rosenthal Monhait
& Goddess PA and CSS Legal Group PLLC were chosen to lead a
consolidated class action alleging a natural gas well investment
partnership's plan to convert into a corporation will deny
preferred unitholders payments they are owed and depress the
value of their holdings. Vice Chancellor J. Travis Laster
selected the two firms over Labaton Sucharow LLP and Bernstein
Litowitz Berger & Grossmann LLP.
On April 23, 2018 Plaintiff Doppelt filed an Amended Complaint,
adding an additional count for breach of the Partnership
Agreement. A hearing on Plaintiff's motion for a preliminary
injunction and Legacy's motion to dismiss was set for June 4,
2018.
Legacy Reserves said, "The Partnership cannot predict the outcome
of these or any other lawsuits that might be filed subsequent to
the date of the filing of this quarterly report, nor can the
Partnership predict the amount of time and expense that will be
required to resolve such litigation. The Partnership believes the
lawsuits are without merit and intends to vigorously defend
against the lawsuits."
Legacy Reserves LP is a master limited partnership headquartered
in Midland, Texas, focused on the development of oil and natural
gas properties primarily located in the Permian Basin, East
Texas, Rocky Mountain and Mid-Continent regions of the United
States.
LIFECARE SOLUTIONS: Removes "Frando" Suit to C.D. California
------------------------------------------------------------
The Defendants in the case of Barney Frando, individually and on
behalf of all others similarly situated, Plaintiff v. Lifecare
Solutions, Inc.; Preferred Homecare Infusion LLC; and Founders
Healthcare LLC; and Does 1 through 10, Defendants, filed a notice
to remove the lawsuit from the Superior Court of the State of
California, County of Los Angeles (Case No. BC695771) to the U.S.
District Court for the Central District of California and
assigned Case No. 2:18-cv-03708-ODW-SS (C.D. Cal., May 2, 2018).
The case is assigned to Judge Otis D. Wright, II and referred to
Magistrate Judge Suzanne H. Segal.
LifeCare Solutions, Inc. provides home healthcare products and
services in the West and Southwest United States. LifeCare
Solutions, Inc. was formerly known as LifeCare Solutions West,
Inc. and changed its name to LifeCare Solutions, Inc. in August
2003. The company was founded in 2003 and is based in San Diego,
California with branches in the Western United States. LifeCare
Solutions, Inc. operates as a subsidiary of Maverick Healthcare,
Inc. [BN]
The Plaintiff is represented by:
Robert J Drexler, Jr, Esq.
Ariel Harman-Holmes, Esq.
Jonathan Sing Lee, Esq.
CAPSTONE LAW APC
1875 Century Park East Suite 1000
Los Angeles, CA 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
E-mail: robert.drexler@capstonelawyers.com
ariel.harman-holmes@capstonelawyers.com
jonathan.lee@capstonelawyers.com
The Defendants are represented by:
Karina Ann Layugan, Esq.
Cassidy Mariko English, Esq.
SHEPPARD MULLIN RICHTER AND HAMPTON LLP
333 South Hope Street 43rd Floor
Los Angeles, CA 90071-1422
Telephone: (213) 620-1780
Facsimile: (213) 620-1398
E-mail: klayugan@sheppardmullin.com
cenglish@sheppardmullin.com
- and -
Lisa Maria Harris, Esq.
SHEPPARD MULLIN RICHTER AND HAMPTON LLP
1901 Avenue of the Stars, Suite 1600
Los Angeles, CA 90067
Telephone: (310) 228-3700
Facsimile: (310) 228-3701
E-mail: lmharris@sheppardmullin.com
LISA DOUGLAS: Faces "Bays" Suit in Sacramento, California
---------------------------------------------------------
A class action lawsuit has been filed against Lisa Douglas. The
case is captioned as William Bays and Deason Tanya, individually
and on behalf of all others similarly situated, Plaintiffs v.
Lisa Douglas; Mike Douglas and Does 1-50, Defendants, Case No.
34-2018-00232475-CU-OE-GDS (Cal. Super., Sacramento Cty., May 4,
2018).[BN]
The Plaintiff is represented by Aryeh Leichter, Esq.
LJ ROSS ASSOCIATES: Osideko Sues over Debt Collection Practices
---------------------------------------------------------------
Olukorede Osideko, individually and on behalf of all others
similarly situated, Plaintiff v. L J Ross Associates, Inc.,
Defendant, Case No. 1:18-cv-03147 (N.D. Ill., May 2, 2018) seeks
to stop the Defendant's unfair and unconscionable means to
collect a debt. The case is assigned to Honorable Sara L. Ellis.
L J Ross Associates, Inc. provides financial services. The
Company offers debt collection and account receiveable management
services for health care, utilities, retail, government,
education and financial institutions collections. [BN]
The Plaintiff is represented by:
Celetha Chatman, Esq.
Michael Jacob Wood, Esq.
COMMUNITY LAWYERS GROUP, LTD.
73 W. Monroe Street, Suite 502
Chicago, IL 60603
Telephone: (312) 757-1880
E-mail: cchatman@communitylawyersgroup.com
LL BEAN INC: Faces "Shirley" Suit over Withdrawal of Guarantees
---------------------------------------------------------------
WILLIAM A. SHIRLEY, individually and on behalf of all others
similarly situated, Plaintiff v. L.L. BEAN, INC., Defendant, Case
No. Case 3:18-cv-02641-EDL (N.D. Cal., May 4, 2018) alleges that
the Defendant's deceptive and unfair repudiation of its Guarantee
violates the Magnuson-Moss Warranty Act.
According to the complaint, the Defendant's Executive Chairman
Shawn O. Gorman, in a letter dated February 9, 2018, announced
that it had "updated" its Guarantee. The new terms require proof
of purchase for all returns, in addition to excluding from
coverage completely returns where the Defendant determines
certain "Special Conditions" apply, including products damaged by
"misuse," "improper care," and "excessive wear and tear." The
Guarantee of "complete satisfaction," bargained and paid for by
loyal customers for years, has been suddenly and unilaterally
withdrawn by the Defendants.
L.L.Bean Inc. manufactures and markets apparel and outdoor
equipment. L.L.Bean Inc. was founded in 1912 and is headquartered
in Freeport, Maine. [BN]
The Plaintiff is represented by:
Rachele R. Rickert, Esq.
Marisa C. Livesay, Esq.
Brittany N. Dejong, Esq.
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
750 B Street, Suite 2770
San Diego, CA 92101
Telephone: (619) 239-4599
Facsimile: (619) 234-4599
E-mail: rickert@whafh.com
livesay@whafh.com
dejong@whafh.com
- and -
Janine Pollack, Esq.
Michael M. Liskow, Esq.
Correy A. Kamin, Esq.
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
270 Madison Avenue
New York, NY 10016
Telephone: (212) 545-4600
Facsimile: (212) 686-0114
E-mail: pollack@whafh.com
liskow@whafh.com
kamin@whafh.com
- and -
Ben Barnow, Esq.
Erich P. Schork, Esq.
Jeffrey Blake, Esq.
Anthony Parkhill, Esq.
BARNOW AND ASSOCIATES, P.C.
1 North LaSalle Street, Suite 4600
Chicago, IL 60602
Telephone: (312) 621-2000
Facsimile: (312) 641-550
E-mail: b.barnow@barnowlaw.com
e.schork@barnowlaw.com
j.blake@barnowlaw.com
aparkhill@barnowlaw.com
LONGLIFE SUPPLEMENTS: Underpays Sales Associates, Calegari Claims
-----------------------------------------------------------------
JOSE ROBERTO CALEGARI, individually and on behalf of all others
similarly situated, Plaintiff v. LONGLIFE SUPPLEMENTS & VITAMINS,
LLC, and ROBERTO L. RIBEIRO, Defendants, Case No. CACE-18-009685
(Fla. Cir., Broward Cty., April 27, 2018) is an action against
the Defendants for unpaid regular hours, overtime hours, minimum
wages, wages for missed meal and rest periods.
Mr. Calegari was employed by the Defendants as an international
sales associates from August 6, 2016 to October 2016.
Longlife Supplements & Vitamins, LLC, is a Florida corporation,
doing business in Broward County, Florida. [BN]
The Plaintiff is represented by:
Jason Remer, Esq.
Brody M. Shulman, Esq.
REMER & GEORGES-PIERRE, PLLC
44 West Flagler Street, Suite 2200
Miami, FL 33130
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
E-mail: jremer@rgpattomeys.com
M.A.C. COSMETICS: Removes "Monteon" Suit to C.D. California
-----------------------------------------------------------
The Defendants in the case of Janet Monteon, individually and on
behalf of all others similarly situated, Plaintiff v. M.A.C.
Cosmetics Inc., and DOES 1 through 25, Defendants, filed a notice
to remove the lawsuit from the Superior Court of the State of
California, County of Los Angeles, (Case No. BC695765) to the
U.S. District Court for the Central District of California on May
11, 2018, and assigned Case No. 2:18-cv-03952-JAK-SK (C.D. Cal.,
May 11, 2018). The case was assigned to Judge John A. Kronstadt
and referred to Magistrate Judge Steve Kim.
M.A.C. Cosmetics Inc. was founded in 2001. The company's line of
business includes the retail sale of specialized lines of
merchandise. [BN]
The Plaintiff is represented by:
Janine R Menhennet, Esq.
Michael D Singer, Esq,
COHELAN KHOURY AND SINGER
605 C Street Suite 200
San Diego, CA 92101
Telephone: (619) 595-3001
Facsimile: (619) 595-3000
E-mail: jmenhennet@ckslaw.com
msinger@ckslaw.com
- and -
Jonathan M Lebe, Esq.
LEBE LAW APLC
5723 Melrose Avenue Suite 100
Los Angeles, CA 90038
Telephone: (310) 921-7056
Facsimile: (310) 820-1258
E-mail: jon@lebelaw.com
- and -
Rodney Mesriani, Esq.
MESRIANI LAW GROUP APLC
5723 Melrose Avenue
Los Angeles, CA 90038
Telephone: (310) 826-6300
Facsimile: (310) 820-1258
E-mail: rodney@mesriani.com
The Defendants are represented by:
James Putman Carter, Esq.
JACKSON LEWIS PC
200 Spectrum Center Drive, Suite 500
Irvine, CA 92618
Tel: (949) 885-1360
Fax: (949) 885-1380
james.carter@jacksonlewis.com
- and -
Kathy A Le, Esq.
JACKSON LEWIS P.C.
200 Spectrum Center Drive, Suite 500
Irvine, CA 92618
Tel: (949) 885-1360
Fax: (949) 885-1380
E-mail: kathy.le@jacksonlewis.com
- and -
Nicole Shaffer, Esq.
JACKSON LEWIS LLP
200 Spectrum Center Drive, Suite 500
Irvine, CA 92618
Tel: (949) 885-1360
Fax: (949) 885-1380
E-mail: nicole.shaffer@jacksonlewis.com
MA INDUSTRIAL JV: Appeal Filed in "Saggio" Suit
-----------------------------------------------
An appeal to the Michigan Court of Appeals has been taken from
the judgment of the Washtenaw Circuit Court (Case No. 15-000818-
CB) and the appellate case is entitled, Greg Saggio, individually
and on behalf of all others similarly situated, Plaintiff v. Ma
Industrial JV; Ma Industrial Sub; Stephanie H Boyse; Gary L
Cowger; Harold M Karp; Mitchell I Quain; Robert E Rossiter;
Terence C Seikel; and Douglas M Suliman, Jr., Defendants, and
assigned Case No. 343602 (Mich. App., May 2, 2018).[BN]
The Plaintiff is represented by Marc L Newman, Esq.
The Defendants are represented by Todd A Holleman, Esq., and
Raymond W Henney, Esq.
MAPLE STREETS: Faces "Moran" Suit over Sale of Donut Products
-------------------------------------------------------------
Paul Moran, individually and on behalf of all others similarly
situated, Plaintiff v. Maple Street Donuts, LLC, Defendant, Case
No. 18-638A (Mass. Super., Essex Cty., April 26, 2018) alleges
that the Defendant has engaged in a scheme whereby the Defendant,
through its Dunkin' Donuts locations in the Commonwealth,
knowingly and habitually deceives its customers by supplying
margarine, or a butter substitute, when customers specifically
requests butter and are charged for butter on their bagels or
other baked good products.
Maple Street Donuts LLC is a privately held company in Middleton,
MA. The Company sells and distributes variety of donuts products.
[BN]
The Plaintiff is represented by:
John R. Yasi, Esq.
David J. Relethford, Esq.
FOREST LaMOTHE MAZOW
McCULLOUGH YASI & YASI, P.C.
2 Salem Green, Suite 2
Salem, MA 01970
Telephone: (617) 231-7829
E-mail: jyasi@forrestlamothe.com
MARRIOTT VACATIONS: Recorded Phone Calls, "Gamez" Suit Claims
-------------------------------------------------------------
JOSHUA GAMEZ, individually and on behalf of all others similarly
situated, Plaintiff v. MARRIOTT VACATIONS WORLDWIDE CORPORATION;
and DOES 1-100, Defendants, Case No. BC 704099 (Cal. Super.,
April 26, 2018) seeks injunctive relief against the Defendants,
their agents, servants and employees, and all persons acting in
concert with them, from engaging in the illegal practice of
recording telephone conversation.
The Plaintiff alleges that the Defendants did not, at any point
during the telephone conversation with the Defendants, advised
the Plaintiff that the call was being recorded. The Plaintiff did
not give his express or implied consent to the recording, nor did
the Defendants seek to obtain or obtain the Plaintiff's consent
to the recording.
Marriott Vacations Worldwide Corporation develops, markets,
sells, and manages vacation ownership and related products under
the Marriott Vacation Club, Grand Residences by Marriott, and
Marriott Vacation Club Pulse brands. Marriott Vacations Worldwide
Corporation is headquartered in Orlando, Florida. [BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
David W. Reid, Esq.
Victoria C. Knowles, Esq.
PACIFIC TRIAL ATTORNEYS
A PROFESSIONAL CORPORATION
4100 Newport Place Drive, Ste. 800
Newport Beach, CA 92660
Telephone: (949) 706-6464
Facsimile: (949) 706-6469
E-mail: sferrell@pacifictrialattomeys.com
dreid@pacifictrialattomeys.com
vknowles@pacifictrialattomeys.com
MCCOLLISTERS TRANSPORTATION: Doesn't Pay OT, "Evans" Claims
-----------------------------------------------------------
D'WAN EVANS, individually and on behalf of all others similarly
situated, Plaintiff v. MCCOLLISTER'S TRANSPORTATION GROUP, INC.,
Defendant, Case No. 1:18-cv-09553 (D.N.J., May 22, 2018) is an
action against the Defendant for failure to provide overtime
wages, at the rate of one and one half times the regular rate of
pay, for all time worked in excess of 40 hours in any given week.
The Plaintiff Evans was employed by the Defendant as a helper
from April 2016 to March 2018.
McCollister's Transportation Group, Inc. provides transportation
services. McCollister's Transportation Group, Inc. was founded in
1945 and is based in Burlington, New Jersey. [BN]
The Plaintiff is represented by:
Andrew I. Glenn, Esq.
Jodi J. Jaffe, Esq.
JAFFE GLENN LAW GROUP, P.A.
301 N. Harrison Street, Suite 9F, #306
Princeton, NJ 08540
Telephone: (201) 687-9977
Facsimile: (201) 595-0308
E-mail: AGlenn@JaffeGlenn.com
JJaffe@JaffeGlenn.com
MDL 2591: Syngenta Inks $1.51-Bil. Class Action Settlement
----------------------------------------------------------
The following is being released by the Claims Administrator of
the settlement reached in In re Syngenta MIR162 Corn Litigation,
No. 14-md-2591-JWL-JPO (D. Kan.) and other related actions.
Syngenta and Plaintiffs announced a $1.51 billion settlement to
resolve class actions and individual cases alleging that Syngenta
sold its "Agrisure Viptera" and "Agrisure Duracade" corn seeds
before it should have because new insect-resistant genetic traits
in those seeds had not yet received import approval in China.
The lawsuits argued that China rejected shipments of U.S. corn
because the genetic traits were not yet approved there, causing
the U.S. corn industry to lose access to the Chinese market and
resulting in lower corn prices that harmed corn producers (and
certain landlords), grain handling facilities (e.g., grain
elevators, grain distributors, and grain transporters), and
ethanol production facilities (e.g., ethanol plants and
biorefineries).
Syngenta denies that it did anything wrong and has many
explanations for its actions, including that, before Viptera and
Duracade were made available to U.S. farmers, the traits in those
products were approved as safe and effective by the U.S.
Department of Agriculture, the U.S. Food and Drug Administration,
the U.S. Environmental Protection Agency and all of the
historical U.S. trading partners for corn. The genetic traits
contained in Viptera and Duracade now do have Chinese approval.
If the United States District Court of the District of Kansas
approves the settlement, then Syngenta will pay $1.51 billion
into a Settlement Fund to pay (1) corn producers (and certain
landlords), grain handling facilities, and ethanol production
facilities who submit eligible claims, (2) court-approved
attorneys' fees and expenses, (3) service awards to certain
plaintiffs who helped prosecute the case, (4) fees of the Special
Masters appointed in these cases, and (5) costs relating to
notice and class administration. The amount eligible claimants
will receive depends on the amount of the claimants' interests in
U.S. corn priced for sale between September 15, 2013 and April
10, 2018.
Class Members may submit claims online at
www.CornSeedSettlement.com or they may call 1-833-567-CORN (1-
833-567-2676) to request a paper copy claim form. All claim
forms must be filed by October 12, 2018.
The Court will hold a hearing on November 15, 2018 to consider
whether to approve the settlement. Class members have until
August 10, 2018 to exclude themselves from, or object to, the
settlement. [GN]
MDL 2804: Nantucket Part of Nationwide Class-Action Opioid Suit
---------------------------------------------------------------
Joshua Balling, writing for The Inquirer and Mirror, reports that
the town of Nantucket is one of multiple plaintiffs in a
nationwide class-action lawsuit against some of the biggest
pharmaceutical companies in the country, seeking to "obtain
redress for the local effects of the nationwide opioid crisis, an
epidemic that was created and continues to expand as a direct
result of the wrongful and unlawful actions of defendants, all
prescription opioid manufacturers and/or distributors."
According to the 176-page suit filed on May 15 in U.S. District
Court, District of Massachusetts, Eastern Division, "Defendants'
motivation was simple: to generate wildly enormous profits for
themselves, regardless of the devastating costs (both tangible
and intangible) to public health and society. To do so, they
engaged in a highly deceptive and sophisticated marketing
campaign aimed at ultimately increasing the use of opioids and/or
unlawfully diverted prescription opioids.
"Plaintiff seeks to eliminate the hazard to public health and
safety caused by the defendant-created opioid epidemic in its
community, to abate the public nuisance caused thereby, and to
recoup monies that have been spent by plaintiff because of
defendants' wrongful and illegal conduct. Such economic damages
were foreseeable to defendants and were sustained because of
defendants' intentional and/or unlawful actions and omissions."
The most recognizable defendant in the suit is Johnson & Johnson,
but others include Ortho-McNeil-Janssen, Purdue Pharma, Teva
Pharmaceuticals, Allergan PLC and others.
Town manager Libby Gibson said on May 18 the Select Board voted
in February to have the town join the suit.[GN]
MDL 2804: La Salle County Joining Opioid Class Suit
---------------------------------------------------
Tom Collins, writing for the News Tribune, reports that drug
companies are being sued by counties struggling with addiction -
- and La Salle County will join in.
On May 17, La Salle County state's attorney Karen Donnelly, Esq.,
distributed her written response to a question raised about La
Salle County joining a class action lawsuit against major
pharmaceutical companies. Her answer was an emphatic yes.
"La Salle County will soon be joining in the class action opioid
litigation to pursue the manufacturers of these dangerous drugs
and how they have been marketed," Donnelly confirmed.
Donnelly said she's concerned not only with addiction rates but
also with the rising death toll. As recently reported by the
NewsTribune, the county is on pace for a record-smashing 44 fatal
overdoses, thanks not only to rising heroin use but the emergence
of dangerous cutting agents such as fentanyl.
"La Salle County, the State of Illinois, and the entire United
States need to begin addressing this problem as a public health
crisis rather than a substance abuse problem," she said. "For
those with the attitude that, 'If they want to die, just let them
die,' I say this: What if this was your son, your daughter, your
sister? Would you say then? Many of these people do not use drugs
to die, they are masking some traumatic event that has occurred
or is occurring in their life.
"Until we learn how to respond to this trauma, it is going to be
difficult to address the self-harming behavior of substance
abuse."
Donnelly also reaffirmed her pledge to bring a drug court into La
Salle County. She hopes to include in the program a professional
team to train her office in how to create a trauma-informed
approach for drug court and resultant plan.
"Our office remains hopeful, along with the entire steering
committee, that our drug court will be up and running before the
end of the year. We are collaborating with Northern Illinois
University to gather statistical data to define the problem and
the best ways to address it. Our request for State certification
will be submitted in June of this year and once we get the green
light, we're going to begin."[GN]
MERCEDES-BENZ USA: Removes "Enea" Suit to N.D. California
---------------------------------------------------------
The Defendants in the case of Giorgio Enea, individually and on
behalf of others similarly situated, Plaintiff v. Mercedes-Benz
USA, LLC, and Daimler AG, Defendants, filed a notice to remove
the lawsuit from the Superior Court of the State of California,
Alameda Cty. (Case No. RG18899964) to the U.S. District Court for
the Northern District of California on May 11, 2018, and assigned
Case No. 4:18-cv-02792-HSG (N.D. Cal., May 11, 2018). The case is
assigned to Judge Haywood S. Gilliam, Jr.
Mercedes-Benz USA, LLC is engaged in the marketing and
distribution of Mercedes-Benz, smart, and Sprinter vehicles in
the United States. Mercedes-Benz USA, LLC was formerly known as
Mercedes-Benz of North America, Inc. The company was founded in
1965 and is headquartered in Montvale, New Jersey with an
additional office in Long Beach, California. Mercedes-Benz USA,
LLC operates as a subsidiary of Daimler AG. [BN]
The Plaintiff is represented by:
Joshua H. Haffner, Esq.
Graham Gordon Lambert, Esq.
HAFFNER LAW PC
445 South Figueroa Street, Suite 2325
Los Angeles, CA 90071
Telephone: (213) 514-5681
Facsimile: (213) 514-5682
E-mail: jhh@haffnerlawyers.com
gl@haffnerlawyers.com
The Defendants are represented by:
Aengus Hartley Carr, Esq.
Eric J. Knapp, Esq.
Troy Masami Yoshino, Esq.
SQUIRE PATTON BOGGS LLP
275 Battery Street, Suite 2600
San Francisco, CA 94111
Telephone: (415) 954-0200
Facsimile: (415) 393-9887
E-mail: aengus.carr@squirepb.com
Eric.Knapp@squirepb.com
troy.yoshino@squirepb.com
MICHIGAN: Supreme Court Appeal Filed in "John Does" Suit
--------------------------------------------------------
Inmates are taking an appeal to the Michigan Supreme Court from
the ruling by the Michigan Court of Appeals in their lawsuit
against the State's Department of Corrections.
The Supreme Court case is captioned, JOHN DOES 1-10, individually
and on behalf of all others similarly situated, Plaintiff v.
DIRECTOR OF THE DEPARTMENT OF CORRECTIONS; FORMER DIRECTOR OF THE
DEPATMENT OF CORRECTIONS; IONIA CORRECTIONAL FACILITY WARDEN; E C
BROOKS CORRECTIONAL FACILITY WARDEN, FORMER; GUS HARRISON
CORRECTIONAL FACILITY WARDEN; RICHARD A HANDLON WARDEN-FORMER;
CARSON CITY CORRECTIONAL FACILITY WARDEN - FORMER; OAKS
CORRECTIONAL FACILITY WARDEN - FORMER; OAKS CORRECTIONAL FACILITY
WARDEN; THUMB CORRECTIONAL FACILITY WARDEN - FORMER; CHIPPEWA
CORRECTIONAL FACILITY WARDEN; MARQUETTE CORRECTIONAL FACILITY
WARDEN; BELLAMY CREEK CORRECTIONAL FACILITY WARDEN; KINROSS
CORRECTIONAL FACILITY WARDEN; NEWBERRY CORRECTIONAL FACILITY
WARDEN; WOMEN'S HURON VALLEY CORRECTIONAL FACILITY WARDEN
MICHIGAN REFORMATORY WARDEN; SAGINAW CORRECTIONAL FACILITY
WARDEN; CORRECTIONS DEPARTMENT OF FACILITIES ADMINISTRATION/
DEPUTY DIRECTOR; CORRECTIONS DEPARTMENT OF FACILITIES
ADMINISTRATION/DEPUTY DIRECTOR - FORMER; CORRECTIONS DEPARTMENT
OF FACILITIES ADMINISTRATION/DEPUTY DIRECTOR - FORMER;
CORRECTIONS DEPARTMENT OF FACILITIES; ADMINISTRATION/CHIEF DEPUTY
DIRECTOR - FORMER; WOMEN'S HURON VALLEY CORRECTIONAL FACILITY
WARDEN - FORMER, Defendants, with the Michigan Supreme Court on
May 8, 2018, and assigned Case No. 157730.[BN]
The Plaintiff is represented by Deborah A. Labelle, Esq.
The Defendants are represented by Heather S. Meingast, Esq., the
Attorney General.
MIDLAND CREDIT: Piening Sues over Debt Collection Practices
-----------------------------------------------------------
William Piening, Jr., individually and on behalf of all others
similarly situated, Plaintiff v. Midland Credit Management, Inc.,
Defendant, Case No. 3:18-cv-01053-NJR-RJD (S.D. Ill., May 3,
2018), seeks to stop the Defendant's unfair and unconscionable
means to collect a debt. The case was assigned to Judge Nancy J.
Rosenstengel and referred to Magistrate Judge Reona J. Daly.
Midland Credit Management, Inc., a licensed debt collector,
assists customers in resolving past-due financial obligations
through various education and payment plans. The company was
founded in 1953 and is based in San Diego, California. Midland
Credit Management, Inc. operates as a subsidiary of Encore
Capital Group, Inc. [BN]
The Plaintiff is represented by:
James W. Eason, Esq.
THE EASON LAW FIRM, LLC
124 Gay Avenue, Suite 200
St. Louis, MO 63105
Telephone: (314) 932-1066
Facsimile: (314) 667-3161
E-mail: james.w.eason@gmail.com
MULTICARE HEALTH: Faces "Hull" Suit in W.D. Washington
------------------------------------------------------
A class action lawsuit has been filed against MultiCare Health
System. The case is captioned as Joncee Hull and Sharon Shrout,
individually and on behalf of others similarly situated,
Plaintiffs v. MultiCare Health System; Marybridge Children's
Hospital; and Multicare Tacoma General Hospital, Defendants, Case
No. 3:18-cv-05352-BHS (W.D. Wash., May 3, 2018). The case is
assigned to Judge Benjamin H. Settle.
Multicare Health System provides health care services. The
Company manages a network of hospitals and clinics for the
provision of heart care, orthopedics and surgery, neurosciences,
and oncology. Multicare Health System serves patients and
communities throughout the United States. [BN]
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
KAZEROUNI LAW GROUP APC
1546 NW 56TH STREET
SEATTLE, WA 98107
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
E-mail: ak@kazlg.com
- and -
Joshua Swigart, Esq.
HYDE & SWIGART (CA)
2221 Camino Del Rio South #101
San Diego, CA 92108
Telephone: (619) 233-7770
Facsimile: (619) 297-1022
E-Mail: Josh@Westcoastlitigation.Com
- and -
Ryan Lee McBride, Esq.
HYDE & SWIGART (CA)
2221 Camino Del Rio South, Suite 101
San Diego, CA 92108
Telephone: (619) 233-7770
E-mail: ryan@kazlg.com
MXD GROUP INC: Removes "Fuentes" Suit to District of New Jersey
---------------------------------------------------------------
The Defendants in the case of ARIEL FUENTES and FRANCISCO J.
LOPEZ, individually and on behalf of all others similarly
situated, Plaintiff v. MXD GROUP, INC. formerly known as: EXEL
DIRECT, INC; JAMIE RACKETT; ABC CORPS; and JANE & JOHN DOES,
Defendants, filed a notice to remove the lawsuit from the
Superior Court of the State of New Jersey, Union County (Case No.
L-000962-17) to the U.S. District Court for the District of New
Jersey on May 11, 2018, and Case No. 2:18-cv-09109-JMV-CLW
(D.N.J., May 11, 2018). The case is assigned to Judge John
Michael Vazquez and referred to Magistrate Judge Cathy L. Waldor.
MXD Group, Inc. provides logistics services for home delivery and
retail replenishment in the United States and Canada. The company
was formerly known as Exel Direct, Inc. and changed its name to
MXD Group, Inc. on August 29, 2013. MXD Group, Inc. was founded
in 1970 and is headquartered in New Albany, Ohio. As of April 2,
2018, MXD Group, Inc. operates as a subsidiary of Ryder System,
Inc. [BN]
The Plaintiff is represented by:
Ravi Sattiraju, Esq.
Anthony Santos Almeida, Esq.
THE SATTIRAJU LAW FIRM, P.C.
116 Village Boulevard, Suite 200
Princeton, NJ 08540
Telephone: (609) 799-1266
Facsimile: (609) 799-1267
E-mail: rsattiraju@sattirajulawfirm.com
aalmeida@sattirajulawfirm.com
- and -
Peter Francis Berk, Esq.
GENOVA BURNS LLC
494 Broad Street
Newark, NJ 07102-3230
Telephone: (973) 230-2071
E-mail: pberk@genovaburns.com
The Defendants are represented by:
Peter Francis Berk, Esq.
Genova Burns LLC
494 Broad Street
Newark, NJ 07102-3230
Tel: (973) 230-2071
E-mail: pberk@genovaburns.com
NATIONAL FOOTBALL: Hudson Sues over Disabled Players' Benefits
--------------------------------------------------------------
CHRISTOPHER HUDSON, individually and on behalf of all others
similarly situated, Plaintiff v. NATIONAL FOOTBALL LEAGUE
MANAGEMENT COUNCIL, NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION,
RETIREMENT BOARD OF THE BERT BELL/PETE ROZELLE NFL PLAYER
RETIREMENT PLAN, KATHERINE "KATIE" BLACKBURN, RICHARD "DICK"
CASS, TED PHILLIPS, SAMUEL MCCULLUM, ROBERT SMITH AND JEFFREY
VAN NOTE, Defendants, Case No. 1:18-cv 04483 (S.D.N.Y., May 18,
2018) is an action under the Employee Retirement Income Security
Act of 1974, on behalf of a Class of participants in and
beneficiaries of the Bert Bell/Pete Rozelle NFL Player Retirement
Plan against the fiduciaries of the Plan. The Plaintiff seeks
remedy from the Defendants' failure to make critical disclosures
about the Plan that have harmed disabled participants to obtain
reclassification of their category of benefits under the Plan.
The complaint alleges that, as fiduciaries of the Plan, the
Defendants have an obligation, characterized as the highest known
to the law, to fairly administer the retirement plan for these
players and to make proper disclosure of important information
about the terms of the Plan. The Defendants have breached their
duties to these players by failing to disclose and inform the
players of the peril they face by seeking benefits without first
having a clear diagnosis and league counsel. The Defendants have
breached these duties by adopting undisclosed interpretations of
key terms that are contrary to the language in the Summary Plan
Description ("SPD") as that language would be understood by the
average participant in the Plan. At the same time, the SPDs have
expressly discouraged the players from engaging legal counsel in
their initial claim for benefits when their disability is
classified. Worst of all, the Defendants do not reveal that these
terms have a particular interpretation and the meaning of these
undefined, and critical terms in the Plan until the very end of
the administrative process when the player-participant has sought
a reclassification.
As a result of these failure to disclose, the players disabled by
League-related head trauma will have sought an initial
classification of benefits without being told that doing will
jeopardize his ability to seek a classification at a different
category or at the very least that he will be subject to a much
higher standard of evidence and proof. The effect of these
failures to disclose, coupled with the discouragement of
retaining counsel is that while the Plan purports allow for
reclassification, these undisclosed terms and hidden
interpretation of key provisions create a trap for the unwary so
that it is effectively impossible for any of these players to
ever see their disability status reclassified.
National Football League Management Council is a non-profit
association of clubs of the National Football League that is
based in New York City. [BN]
The Plaintiff is represented by:
Robert I. Harwood, Esq.
Daniella Quitt, Esq.
GLANCY PRONGAY & MURRAY LLP
712 Fifth Avenue
New York NY 10019
Telephone: (212) 935-7400
Email: rharwood@glancylaw.com
Email: dquitt@glancylaw.com
- and -
Robert A. Donati, Esq.
William B. Ryan, Esq.
DONATI LAW, PLLC
1545 Union Avenue
Memphis, TN 38104
Telephone: (901) 278-1004
Email: robert@donatilawfirm.com
- and -
R. Joseph Barton, Esq.
BLOCK & LEVITON LLP
1735 20th Street NW
Washington, DC 20009
Telephone: (202) 734-7046
Email: jbarton@blockesq.com
NATIONWIDE RECOVERY: Gurto Sues over Debt Collection Practices
--------------------------------------------------------------
Kelly Gurto, individually and on behalf of all others similarly
situated, Plaintiff v. Nationwide Recovery Service, Inc., Case
No. 1:18-cv-02321-ODE (N.D. Ga., May 21, 2018) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.
Nationwide Recovery Service, Inc. is a collection agency that
provides post-charge off services. The Company is located in
Norcross, Georgia. [BN]
The Plaintiff is represented by:
Shireen Hormozdi, Esq.
1770 Indian Trail
Lilburn Road, Suite 175
Norcross, GA 30093
Telephone: 678-395-7795
Facsimile: 866-929-2434
E-mail: shireen@norcrosslawfirm.com
- and -
Aaron D. Radbil, Esq.
GREENWALD DAVIDSON RADBIL PLLC
106 East Sixth Street, Suite 913
Austin, TX 78701
Telephone: (512) 322-3912
Facsimile: (561) 961-5684
E-mail: aradbil@gdrlawfirm.com
NATURES PATH: "White" Suit Moved to N.D. California
---------------------------------------------------
The case of Chauncey Leroy White, individually and on behalf of
all others similarly situated, Plaintiff v. Natures Path Foods
USA, Inc.; Nature's Path Foods, Inc.; and Does 1 through 10,
Defendants, was removed from the U.S. District Court for the
Central District of California (Case No. 8:18-cv-00013) to the
U.S. District Court for the Northern District of California on
May 11, 2018, and assigned Case No. 5:18-cv-02710-BLF (N.D. Cal.,
May 8, 2018).[BN]
The Plaintiff is represented by:
Michael T Houchin, Esq.
Ronald A. Marron, Esq.
RONALD A MARRON LAW OFFICES
651 Arroyo Drive
San Diego, CA 92103
Telephone: (619) 696-9006
Facsimile: (619) 564-6665
E-mail: mike@consumersadvocates.com
ron@consumersadvocates.com
The Defendants are represented by:
Claudia Maria Vetesi, Esq.
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, CA 94105-2482
Telephone: (415) 268-6626
Facsimile: (415) 268-7522
E-mail: cvetesi@mofo.com
- and -
Alexandra Eve Laks, Esq.
MORRISON AND FOERSTER LLP
425 Market Street
San Francisco, CA 94105
Telephone: (415) 268-6710
E-mail: alaks@mofo.com
- and -
R. Benjamin Nelson, Esq.
MORRISON AND FOERSTER LLP
425 Market Street
San Francisco, CA 94105-2482
Telephone: (415) 268-7467
E-mail: rbnelson@mofo.com
NAVISTAR INT'L: Engine Issues Affect 50% of Medic's Fleet
---------------------------------------------------------
Alex Shabad, writing for WCNC, reports that the Defenders
uncovered an exclusive story about the reliability of local
ambulances.
NBC Charlotte learned engine issues are affecting more than half
of Medic's fleet. Some ambulances are out of commission, while
others are being closely watched, according to Medic. The
Defenders asked about the potential risk for an ambulance to
break down in an emergency.
Medic told NBC Charlotte some of the ambulances have black smoke
billowing from the exhaust, but they said that's just a symptom
of the bigger problem.
We asked Medic Deputy Director Jeff Keith if he thinks about the
worst case scenario.
"Every single day," Keith told NBC Charlotte.
The ambulance company said three ambulances are out of commission
for repairs, and they plan to get at least eight more ambulances
fixed.
"It's something we have seen a pattern develop," said Keith.
In fact, Medic said engine issues have even happened out on the
road. Fortunately, the problems have not occurred while carrying
a patient. The Defenders asked Keith if that's a concern.
"It's very much a concern, and when I say very much a concern,
nobody wants to have concerns over the reliability of something
like their ambulance fleet," said Keith.
"The ambulance not being able to physically get there because of
a breakdown is extraordinarily troubling," said Mecklenburg
County Commissioner Jim Puckett.
Puckett heard Medic present the widespread issue at the county
board meeting. The ambulances under scrutiny are Terrastar trucks
with Maxx Force engines. They make up 35 of the 64 ambulances in
Medic's fleet.
"I always hope the companies will do the right thing, but our job
is to protect the public," said Commissioner Puckett.
The manufacturer, Navistar International, is already being sued
in a class action lawsuit. The company is accused of selling a
defective product; specifically Maxx Force engines. The Medic
ambulances also use Maxx Force engines, but a smaller version
than those targeted in the lawsuit. The common thread is problems
with the engine's emission system.
"If there is a class action suit, we clearly need to be a part of
it," Puckett told NBC Charlotte.
Medic said the manufacturer is repairing the problem at no cost.
Officials said the ultimate goal is to get all the Maxx Force
engines examined. In the meantime, everyone is hoping to avoid a
worst-case scenario.
"We are managing and making sure every vehicle we put on the road
is worthy and deserves to be on the road and if it shouldn't be,
it's not," Keith told NBC Charlotte.
NBC Charlotte has reached out to Navistar for comment, but they
have not responded.[GN]
NCAA: Former Badger Plans Legal Action
--------------------------------------
Luke Schaetzel, writing for LA Crosse Tribune, reports that at 6
feet and 195 pounds, Tony Megna was considered too small to be a
college football linebacker. Megna was determined, though, to
play for the University of Wisconsin.
As a walk-on in 2007, Megna said, he was expected to work harder
than his peers on the field and at practice. His attitude was,
"You're playing NCAA football. You're a warrior."
Megna said he knew he was putting his body on the line for the
game but, "I wasn't aware of brain injury."
Disturbed by what he has learned since his football career ended,
Megna is now planning legal action. He intends to join a group of
former college football players who have filed 111 lawsuits to
date seeking to create a class action against the NCAA and its
athletic conferences.
His attorney, Jeff Raizner, Esq., of Houston, said there is a
"high likelihood" Megna will be a plaintiff in the case, which is
months, if not years, away from trial. If filed, Megna's claim
could become the first to pull UW-Madison into the litigation.
The suits, which were moved to the U.S. District Court for the
Northern District of Illinois in 2016, are seeking compensation
for medical bills, lost income and reduced future earnings
related to brain injuries from playing college football.
According to the lawsuits, the NCAA has known about the dangers
of brain injuries for more than 80 years.
Megna estimates he racked up between $15,000 and $20,000 in
medical expenses over the past eight years related to head
injuries.
The NCAA has filed motions to dismiss the claims on the grounds
that the former players have not brought forth "a claim upon
which relief can be granted." The NCAA also argues that the
statute of limitations has run out -- an argument the
plaintiffs' attorneys dispute.
The association declined to respond to questions for this story.
The UW Athletic Department also declined to comment.
'I couldn't do it anymore'
Megna said that he began suffering severe, chronic headaches in
the offseason before his junior year, forcing him to miss most of
the 2009 season. The Oak Creek native then turned to medical
staff, neurologists and doctors specializing in headaches.
Megna said he found few answers about the cause of the headaches
that swept over him up to 30 times a day.
"None of them ever said 'Oh well you're getting headaches because
you're getting hit in the head 100 times a week,'" Megna said.
Instead, he was given medication to reduce inflammation and mask
the pain. It never did. Megna said he was never told he might
need to step away from the sport.
That decision came from Megna. He left the team before his junior
year but returned at the team's request as a backup to Chris
Borland, who just six years later walked away from a
multimillion-dollar contract with the San Francisco 49ers over
concerns about head injuries. Borland now is a national figure in
a campaign to raise awareness about sports-related brain
injuries.
"It was getting to the point," Megna said, "where I couldn't get
through practice without throwing up. I couldn't concentrate in
school. I almost flunked out a semester because of poor
concentration, couldn't remember things, short-term memory loss.
It was very much a decision of I couldn't do it anymore."
Megna's father, Mark, remembers watching his son struggle to keep
going.
"I mean, he hit every day in practice like everybody else," Mark
Megna recalled. "It was gut-wrenching to watch. I mean he
literally almost died playing."
Earlier this year, the NCAA's major conferences approved a
program that guarantees medical treatment for athletic injuries
for at least two years after the athlete leaves the sport.
Philadelphia attorney Sol Weiss, Esq. -- sweiss@anapolweiss.com -
- the co-lead counsel for the former players, said the NCAA needs
to get more serious about current and former athletes' safety.
"For decades, the NCAA has failed to protect and educate those in
its care on the risks associated with college football," Weiss
said in an interview.
But according to Joshua Gordon, an instructor in sports business
and law at the University of Oregon, the lawsuits are unlikely to
bring about a "systemic, tide change" for the NCAA. Gordon said
rather than a sweeping class action, he expects to see individual
settlements and narrow, case-specific rulings.
According to Gordon, the bigger impact may be on public opinion.
"There's an overall theme developing that the NCAA doesn't care
about student athletes and that the NCAA is not about academic
missions or any of that," he said.
Former football players sue
There are currently 111 lawsuits filed against the NCAA, each
covering one or more former players alleging brain injuries from
playing football. The claims were brought by those who played
football as far back as 1952. The plaintiffs are demanding
medical care to cover former athletes for symptoms that persist
or develop years later, lost earnings and other damages.
Four cases have been chosen to represent other plaintiffs so
District Judge John Lee can determine if the court will certify
the class and what restrictions to place on it. Raizner said
Megna's case would likely move forward after the four sample
cases have been litigated.
The four sample cases and possible class certification will be
ruled on in 2019 or 2020, based on the court's scheduling order.
They are:
-- Eric Weston, who was a defensive end at Weber State in Utah
from 1996 to 1997. He sometimes could not remember the games he
had just played.
-- Jamie Richardson, a wide receiver at the University of Florida
from 1994 to 1996. He said he was put back into games despite
being concussed.
-- Michael Rose and Timothy Stratton, who played for Purdue
University in the late 1990s. Rose, a linebacker, suffers from
ailments including uncontrollable mood swings. Stratton, a tight
end, claims he is plagued by anxiety, anger and depression.
-- Zack Langston, a linebacker at Pittsburg State University in
Kansas from 2007 to 2010. Wracked by paranoia, memory loss and
stress, in 2014, Langston shot himself in the chest. He wanted
his brain to be preserved for research. An autopsy determined he
had been suffering from chronic traumatic encephalopathy, the
degenerative neurological brain disease which has been linked to
repeated blows to the head. He was 26.
When he left the team and left the sport, Megna lost the medical
care he received as a student athlete. As the symptoms persisted,
Megna sought out medical advice on his own.
He said he suffered from major periods of depression, bouts of
anxiety and suicidal thoughts -- all symptoms associated with
trauma and potentially CTE. The disease has been shown to induce
symptoms that range from mild, such as impaired judgment and mood
swings, to aggressive, such as increased risk of suicide,
Parkinson's and dementia.
Megna said he still suffers from occasional headaches, but they
are not as severe as they once were.
"Research suggests that I will have dementia by the time I am 40
or 50," said Megna, now 29. "So that is the risk of playing
competitive football. So I guess that has become my life work --
to make sure that does not happen."
In his journey to find answers about his own health problems, he
turned to nontraditional medicine, including acupuncture. Due to
the fact he "wasn't getting hit in the head while trying to
learn," Megna was able to graduate from the Midwest College of
Oriental Medicine in Racine with a master's degree in traditional
East Asian medicine. He owns Integrated Heights Wellness and
Healing Center in Mount Pleasant.
The season after Megna left the Badgers team, the NCAA instituted
the Concussion Management Plan, requiring every school to have a
protocol in place to help prevent and treat head trauma.
The NCAA requires players to sign waivers at the beginning of
each season after receiving the mandated concussion education,
agreeing to report any concussion-related symptoms.
The litigation that Megna plans to join is a follow-up to a 2013
class action lawsuit brought by current and former athletes that
resulted in a settlement mandating that the NCAA set up a $70
million medical monitoring program for college athletes plus $5
million for concussion research.
The program does not include treatment.
End of football?
Megna knows what it takes to be successful at football. It is
also what makes the sport so dangerous.
"You become animalistic, you go crazy. You just have no fear. You
just have to put your body on the line, " Megna said.
Can football -- a multi-billion dollar sport which millions of
Americans have come to love -- coexist with player safety?
According to Mark Megna: Probably not.
"It's one of the only employers that is purposely putting their
employees in harm's way," said Megna, who is a corporate
executive at Doral Corp. in Oak Creek. "You could never put your
employees in harm's way, (but) . . . this is just done as part of
the game.
"Because that is the game."[GN]
NESTLE WATERS: Suit Over Legitimacy Claims Gets Tossed
------------------------------------------------------
Kevin Zimmerman, writing for West Fair On Line, reports that a
class-action lawsuit against Stamford-based Nestle Waters North
America over the legitimacy of its Poland Spring brand was ruled
to be "without merit" and dismissed by U.S. District Court,
District of Connecticut Judge Jeffrey Alker Meyer.
At issue was whether Poland Spring truly contains "100% Natural
Spring Water," as advertised.
"Poland Spring is what we have always said it is -- 100 percent
natural spring water, meeting all FDA regulations for spring
water," Nestle Waters Executive Vice President and General
Counsel Charles Broll said. "Consumers can be confident in the
honesty and accuracy of the labels on every bottle of Poland
Spring."
NWNA and law firm DLA Piper also announced the results of the
latter's independent investigation into whether Poland Spring
meets the requirements of the federal spring water identity
standard. Following an extensive review process, the
investigation team at Piper confirmed the determinations of state
regulators that the product is properly labeled as "spring
water."
"This report represents the independent findings of DLA Piper
based on the totality of the information we collected and
reviewed," George Mitchell, chairman emeritus of DLA Piper and a
former U.S. Senator, said. "DLA Piper has concluded that Poland
Spring brand spring water sources satisfy the requirements of the
federal spring water identity standard; and, as a result, the use
of the term 'spring water' on Poland Spring labels is both
accurate and appropriate."
The suit, filed last summer, maintained that "Poland Spring Water
products all contain ordinary groundwater that Defendant collects
from wells it drilled in saturated plains or valleys where the
water table is within a few feet of the earth's surface."
It sought an unspecified amount of damages for numerous
violations, including breach of contract and fraud.[GN]
NOTTE & KREYLING: Wiley Sues over Debt Collection Practices
-----------------------------------------------------------
Tiffany Wiley, individually and on behalf of all others similarly
situated, Plaintiff, v. Notte & Kreyling, P.C., John Does 1-25,
Defendants, Case No. 1:18-cv-02098-WSD-CMS (N.D. Ga., May 11,
2018) seeks to stop the Defendant unfair and unconscionable means
to collect debt.
Notte & Kreyling, P.C. is a law firm in Alpharetta, Georgia. [BN]
The Plaintiff is represented by:
Jonathan Braxton Mason, Esq.
Mason Law Group, LLC
1100 Peachtree Street, NE, Suite 200
Atlanta, GA 30309
Tel: (404) 920-8040
Fax: (404) 920-8039
E-mail: jmason@atlshowbizlaw.com
NUWAVE LLC: Sued by Aguilera over Sale of Defective Oven
--------------------------------------------------------
ELIZABETH AGUILERA, individually and on behalf of all others
similarly situated, Plaintiff v. NuWave, LLC, Defendant, Case No.
1:18-cv-03550 (N.D. Ill., May 18, 2018) alleges that the
Defendant's sale of defective oven constitutes a violation of the
Illinois Uniform Deceptive Trade Practices Act, Illinois Consumer
Fraud and Deceptive Trade Practices Act.
The complaint alleges that despite the Defendant's awareness of
the many consumer complaints regarding the cracking defect, the
Defendant continues to represent to consumers that the Pro Model
Ovens are "safe for the consumer," "high-quality," and
"dishwasher safe," and that the Standard Domes on the Ovens are
"selected for their high durability," "lightweight and durable,"
and made of "highly durable" and "shatter resistant
polycarbonate."
In this way, the Defendant actively misleads consumers about the
true nature the Pro Model Ovens and their Standard Domes.
Reasonable consumers would consider the existence of a cracking
defect to be important in determining whether or not to purchase
the Ovens and Domes, given that the Ovens cannot be used with
damaged domes.
NuWave, LLC, founded in 1993, is a manufacturer and retailer of
kitchen appliances. NuWave's flagship product is the NuWave Oven,
a countertop oven that uses a combination of infrared,
conduction, and convection heat to cook food. [BN]
The Plaintiff is represented by:
Mack H. Reed, Esq.
HALUNEN LAW
415 North LaSalle Street, Suite 502
Chicago, IL 60654
Telephone: (612) 605-4098
Facsimile: (612) 605-4099
E-mail: reed@halunenlaw.com
- and -
Melissa S. Weiner, Esq.
Christopher J. Moreland, Esq.
HALUNEN LAW
80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 605-4098
Facsimile: (612) 605-4099
E-mail: weiner@halunenlaw.com
- and -
Hassan A. Zavareei, Esq.
1828 L Street, NW, Suite 1000
Washington, DC 20036
Telephone: (202) 973-0900
Facsimile: (202) 973-0950
E-mail: hzavareei@tzlegal.com
- and -
Jeffrey M. Ostrow, Esq.
Jonathan Streisfeld, Esq.
KOPELOWITZ OSTROW
FERGUSON WEISELBERG GILBERT
One West Las Olas Blvd., Ste. 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
Facsimile: (954) 525-4300
E-mail: ostrow@kolawyers.com
streisfeld@kolawyers.com
NYKO TECHNOLOGIES: Faces "Skiathitis" Suit in C.D. California
-------------------------------------------------------------
A class action lawsuit has been filed against Nyko Technologies,
Inc. The case is captioned as Michael Skiathitis, individually
and on behalf of all others similarly situated, Plaintiff v. Nyko
Technologies, Inc., Defendant, Case No. 2:18-cv-03584-PSG-SS
(C.D. Cal., April 27, 2018). The case was assigned to Judge
Philip S. Gutierrez and referred to Magistrate Judge Suzanne H.
Segal.
Nyko Technologies, Inc. develops, manufactures, and markets
videogame peripherals. The company specializes in interactive
entertainment, computing, consumer electronics, portable audio,
and online and wireless technologies. The company was founded in
1995 and is based in Los Angeles, California. [BN]
The Plaintiff is represented by:
David C Wright, Esq.
Richard D McCune, Esq.
MCCUNE WRIGHT AREVALO LLP
3281 East Guasti Road, Suite 100
Ontario, CA 91761
Telephone: (909) 557-1250
Facsimile: (909) 557-1275
E-mail: dcw@mccunewright.com
rdm@mccunewright.com
ONE MEDICAL GROUP: Barbanell Sues over Annual Membership Fees
-------------------------------------------------------------
MAXWELL BARBANELL, individually, and on behalf of all others
similarly situated, Plaintiff v. ONE MEDICAL GROUP, INC., and
DOES 1-10, Defendants, Case No. CGC-18-566232 (Cal. Super., San
Francisco Cty., May 2, 2018) is brought by the Plaintiff and
others similarly situated who have been deceived into paying
annual membership fees. The Defendants represent to customers
that they must pay the annual membership fees in order to obtain
any medical care or services from the Defendants when, in fact,
payment of these fees is entirely optional.
One Medical Group, Inc. operates membership-based primary care
practices in the San Francisco Bay area, Boston, Chicago, Los
Angeles, New York, Phoenix, and Washington, D.C. Its services
include primary care, same-day care, pediatrics and family
medicine, integrative health, women's health, prenatal care,
onsite labs, travel health, and flu-shots. The company was
founded in 2007 and is based in New York, New York. [BN]
The Plaintiff is represented by:
Stanley D. Saltzman, Esq.
Adam M. Tamburelli, Esq.
MARLIN & SALTZMAN LLP
29800 Agoura Road, Suite 210
Agoura Hills, CA 91301
Telephone: (818) 991-8080
Facsimile: (818) 991- 8081
E-mail: ssaltzman@marlinsaltzman.com
atamburelli@marlinsaltzman.com
- and -
Jeffrey D. Kaliel, Esq.
Sophia Goren Gold, Esq.
KALIEL PLLC
1875 Connecticut Ave., NW, 101th Floor
Washington, D.C. 20009
Telephone: (202) 350-4783
E-mail: jkaliel@kalielpllc.com
sgold@kalielpllc.com
OPEN ARMS HEALTHCARE: Underpays Health Aides, "Hicks" Suit Claims
-----------------------------------------------------------------
ROENIA HICKS, individually and on behalf and for all others
similarly situated, Plaintiff v. OPEN ARMS HEALTHCARE AGENCY,
INC., Defendant, Case No. 2:18-cv-02353 (W.D. Tenn., May 23,
2018) seeks to recover overtime wages pursuant to the Fair Labor
Standards Act.
The Plaintiff Hicks was employed by the Defendant as a home
health aide from December 13, 2015 to January 2017.
Open Arms Healthcare Agency, Inc. is a Tennessee corporation. The
Company provides home health care services in Memphis, Tennessee.
[BN]
The Plaintiff is represented by:
Gregory F. Coleman, Esq.
GREG COLEMAN LAW PC
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: (865) 247-0080
Facsimile: (865) 522-0049
E-mail: greg@gregcolemanlaw.com
- and -
Molly E. Nephew, Esq.
Jacob R. Rusch, Esq.
JOHNSON BECKER, PLLC
444 Cedar Street, Suite 1800
St. Paul, MN 55101
Telephone: (612) 436-1800
Facsimile: (612) 436-1801
E-mail: mnephew@johnsonbecker.com
jrusch@johnsonbecker.com
OZARK MOUNTAIN: Lawsuit Filed Over $18 Trash Service Fee
--------------------------------------------------------
Scott Liles, writing for Baxter Bukketin, reports that a
Berryville resident has filed a class-action lawsuit seeking an
injunction that would bar the collection of an $18 trash service
fee imposed on Twin Lakes Area residents.
The lawsuit, filed on May 16 in Carroll County Circuit Court by
attorneys Matt Bishop, Esq., and Wendy Howerton, Esq., on behalf
of Paul Summers, names the Ozark Mountain Solid Waste District as
defendant. That district includes six counties in northern
Arkansas, including Marion and Baxter counties.
The filing of the class-action lawsuit was first reported by
Berryville's Carroll County News in the newspaper's weekend
edition.
The lawsuit alleges that the $18 trash service fee constitutes a
tax on property owners in Carroll, Baxter, Boone, Marion, Newton
and Searcy counties, is an "illegal exaction," and violates the
separation of powers clause in the state Constitution. The
lawsuit also alleges that solid waste district does not have the
authority to impose a service fee without providing services and
that the service fee is excessive.
The suit asks the circuit court to prevent the solid waste
district from assessing or collecting the yearly $18 service fee
and to refund fees already paid by affected landowners. It also
asks the court to prevent the solid waste district from
collecting a $2 per ton tipping fee and to refund tipping fees
already paid by trash haulers as well as awarding attorney's fees
and other relief as the court see fit.
The $18 trash service fee is included on 2018 real estate
property statements mailed out to landowners in the six counties
that comprise the district. Pulaski County Circuit Judge Tim Fox
issued an order imposing the fee on April 21, 2017, following the
recommendation of court-appointed receiver Geoffrey Treece, Esq.,
an attorney with the Little Rock firm of Quattlebaum, Grooms and
Tull.
Treece recommended that the fee be imposed to recoup bondholders
who purchased $12.3 million in bonds issued by the solid waste
district in October 2005 to finance the purchase of the NABORS
landfill in Baxter County. The service fee, which is likely to be
collected for 30 years or more, also is intended to repay up to
$16.5 million the Arkansas Department of Environmental Quality is
expected to spend in permanently closing the landfill site in
Three Brothers.
Solid Waste District defaulted bond payments
The solid waste district defaulted on its bond payments in 2012
and closed the landfill that same year. ADEQ sued the solid waste
district in 2013 in Baxter County Circuit Court and was granted
an order of summary judgment to take possession of bank accounts
and certificates of deposit held by the solid waste district. The
order also said that ADEQ was entitled to pursue additional money
related to the cleanup and closure of the landfill.
In January 2014, the solid waste district filed a voluntary
petition for Chapter 9 bankruptcy. Bank of the Ozarks, acting as
a trustee for the bondholders, filed a motion asking the court to
dismiss the bankruptcy petition and U.S. Bankruptcy Judge Ben
Barry granted the motion in an order issued Aug. 4, 2014.
Bank of the Ozarks filed a complaint in Pulaski County Circuit
Court in December 2014, seeking Treece's appointment as the
receiver for the solid waste district. The court entered a
consent order appointing Treece as the receiver in May 2015.
Among his court-ordered duties were to evaluate the solid waste
district's operations and make recommendations to the court
regarding alternatives for the solid waste district to generate
additional income and revenue that could then be used to repay
the bonds. Treece filed his report and recommendations with the
court in November 2016 -- citing Section 8-6-701 of the Arkansas
Annotated Code, the state legislative act that created the solid
waste districts.
Attorneys for Bank of the Ozarks, ADEQ and the solid waste
district raised no objections to Treece's recommendations, and
Fox issued his order establishing the $18 trash service fee on
April 21, 2017.
Summers' complaint notes that the district's real property was
seized and sold and that the district's bank accounts were also
seized, with money from the sales and seizures going to ADEQ and
the bondholders.
"As secured creditors, the proceeds from the security would
normally be all the bondholders were entitled to obtain," the
complaint says. "Presumably when sophisticated investors make the
decision to take advantage of tax-exempt bonds, they do due
diligence regarding their investment and require adequate
security, knowing that the possibility of default exists."
State Sen. Bryan King of Green Forest, who has conducted public
meetings on the issue in Berryville, has pointed to special
language in the 2014 ADEQ appropriations bill that he says
created a mechanism that ultimately led to the imposition of the
$18 fee.
The Special Language Subcommittee of the Arkansas Legislative
Council/Joint Budget Committee approved an amendment to the
appropriations bill that became Act 274 of 2014. That amendment,
sponsored by then-state Sen. Johnny Key of Mountain Home,
apparently relates to the NABORS Landfill.
Section B-2 of the amendment states that "(The Arkansas
Department of Environmental Quality also may:) Institute a civil
action against the regional solid waste management district and
all of the entities composing the regional solid waste management
district to seek the recovery of any funds expended from the
Landfill Post-Closure Trust Fund under subdivision (b)(1) of this
section, unless satisfactory repayment arrangements are reached
and agreed upon by the department with the district and the
bondholders."
Summer's lawsuit cites that portion of the amendment.
"In effect, this unpublished piece of legislation changed the
revenue sources of the Landfill Post-Closure Trust Fund," the
suit says. "Prior to this legislation, the only sources were
various fees charged to the landfill operators and transferees
plus whatever federal funds could be obtained. This legislation,
obviously crafted especially for the Ozark Mountain Solid Waste
District, now expanded and ADEQ could not only sue the District
as an entity, but now each county within the district could be
sued for these costs. However, it did not have to do so if a
'satisfactory repayment arrangement' was reached and agreed upon
by the department with the district AND the 'bondholders.' The
specificity of 'bondholders' as opposed to 'secured creditors' is
unique, and . . . make the provision uniquely tailored to the
situation at the Ozark Mountain Solid Waste District, rather than
more general language which might encompass other districts. The
only limitation on this new right to sue the District was that it
expired June 30, 2017."
Bishop agreed with King that the seeds for the $18 fee were
planted in that 2014 appropriations bill.
ADEQ Appropriation Act
"The ADEQ Appropriation Act absolutely kicked this off, and it
could not be more obvious," Bishop said in an email to the
Carroll County News. "The bondholders had no possible way to
recover beyond their bond security prior to the Act, and ADEQ did
not have the ability to pursue reimbursement from the taxpayers.
ADEQ had adequate funding from tax dollars to handle this
already. After this was passed, the bondholders had this new
option, which is why nine months later they filed suit for the
Receiver to be appointed. Reading the legislation you can tell
someone drafted it to be tailor made for the Ozark Mountain Solid
Waste District situation, and to open up options for the
bondholders. Otherwise, why mention just 'bondholders' or only
allow the legislation to be effective until June 2017? Why not
all secured creditors or even unsecured?"
Although the $18 charge included on tax assessments has been
referred to as a "fee," the lawsuit argues that it is actually a
tax.
Arkansas courts are not bound by an entity calling an exaction
upon taxpayers a 'fee' and not a 'tax,' " the complaint says.
"The distinction between a tax and a fee is that government
imposes a tax for general revenue purposes, but a fee is imposed
in the government's exercise of its police purposes.. . . . A fee
must be fair and reasonable and bear a reasonable relationship to
the benefits conferred on those receiving the services."
The complaint cites precedent established in other Arkansas court
rulings. It goes on to say that the $18 charge does not go toward
the district's "exercise of its police powers."
"Rather, it goes almost entirely to creditors," the complaint
says. "Paying creditors is not a function of the District's
exercise of police powers, for as the Receiver noted, the
Defendant is not operational. Moreover, paying creditors is never
an exercise of police powers.
"Further, the $18 confers no benefit on those taxpayers bearing
it, because the entity charging it provides no service to said
taxpayers; rather, it is a fee designed solely to benefit ADEQ,
which already has the funds it needs to clean up, and the
investors in the bonds who chose to take the risk of investing."
The complaint also argues that "the $18 tax clearly has no
relation to any services performed by Defendant and is thus an
excessive illegal exaction."
Bishop said he believes the suit has a good chance to be
successful.
"I think it is solid, or Ms. Howerton and I wouldn't be putting
our time and money into it," he told the Carroll County News. "We
have to file one in each of six counties, and have spent weeks
researching it just to the point of filing. With a lot of money
at stake for the Defendants, and fighting both ADEQ and the bond
investors, I think it will be a long-term battle against a well-
funded opponent but I believe we've interpreted the law
correctly. That doesn't mean the taxpayers will for sure win, as
I'm not the judge, but my time is valuable to me and I wouldn't
waste it on a case I didn't think was worth the fight for the
public in general or that couldn't be won."[GN]
PBG DELIVERY: Underpays Delivery Drivers, Lord et al. Allege
------------------------------------------------------------
RANDALL LORD, JACOB STILL, and DERRELL BROWN, individually and on
behalf of all others similarly situated, Plaintiffs v. PBG
DELIVERY DUDES LLC, and MICHAL SKARZYNSKI, Defendants, Case No.
9:18-cv-80665-RLR (S.D. Fla., May 21, 2018) seeks to recover from
the Defendants unpaid minimum wages and overtime compensation,
liquidated damages, costs and reasonable attorneys' fees, as well
as for declaratory and injunctive relief, under the provisions of
the Fair Labor Standards Act.
Mr. Lord was employed by the Defendants as delivery driver.
PBG Delivery Dudes LLC, is a Florida limited liability company,
organized and existing under the laws of Florida, with its
principal place of business located at Palm Beach Gardens,
Florida. [BN]
The Plaintiff is represented by:
Daniel R. Levine, Esq.
PADULA BENNARDO LEVINE, LLP
3837 NW Boca Raton Blvd., Suite 200
Boca Raton, FL 33431
Telephone: (561) 544-8900
Facsimile: (561) 544-8999
E-mail: DRL@PBL-Law.com
PERUVIAN CHICKEN: Doesn't Pay OT to Chef, "Munoz" Suit Alleges
--------------------------------------------------------------
MARCIAL MUNOZ, individually and on behalf of all others similarly
situated, Plaintiff v. PERUVIAN CHICKEN LLC d/b/a UNCLE PAULIE'S
PERUVIAN CHICKEN, and PAUL PADRO, Defendants, Case No. Case 2:18-
cv-08849-ES-SCM (D.N.J., May 4, 2018) seeks to recover unpaid
overtime wages, liquidated damages and attorneys' fees, pursuant
to the Fair Labor Standards Act.
The Plaintiff Munoz was employed by the Defendants as chef from
August 2009 to September 30, 2016, and from September 1, 2017 to
April 10, 2018.
Peruvian Chicken LLC d/b/a Uncle Paulie's Peruvian Chicken is a
domestic limited liability company doing restaurant business in
Maywood, New Jersey. [BN]
The Plaintiff is represented by:
Adam Sackowitz, Esq.
KATZ MELINGER PLLC
280 Madison Avenue, Suite 600
New York, NY 10016
Telephone: (212) 460-0047
E-mail: ajsackowitz@katzmelinger.com
PHILZ COFFEE: Fails to Pay Proper Wages, "Simonian" Suit Claims
---------------------------------------------------------------
ALENA SIMONIAN, individually and on behalf of all others
similarly situated, Plaintiff v. PHILZ COFFEE, INC., and DOES 1
through 100, Defendants, Case No. BC705061 (Cal. Super., May 7,
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
and non-exempt emplooyes, from July 2016 to March 2017 in Los
Angeles, California.
Philz Coffee Inc. is an american coffee company and coffeehouse
chain based in San Francisco, California. [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
PITTSBURGH TOWING: Faces 2 Class-Action Lawsuits
------------------------------------------------
Wpxi News reports that two Pittsburgh towing companies are facing
legal action.
Two class-action lawsuits were just filed against the companies,
accusing them of predatory and unjust practices.
Morgan Herzing said she didn't exceed the one-hour time limit
when she was towed from a lot on South Highland Avenue in
Shadyside.
"I was only there for about 20 minutes and I came back out and my
car was already gone," Herzing said.
She said it was late and the businesses the lot serves were
closed.
"I talked to the tow truck driver and he said if I wanted to get
my car back it was $200 in cash," Herzing said.
She gave Howard's Towing $200. She's now part of a class-action
lawsuit against them filed by attorney Joshua Ward, Esq. --
jward@fentersward.com
"You're not to charge a tow fee for a nonconsensual tow for
excess of $135 dollars," said Ward,
Ward also filed a lawsuit against Tag Towing. He said he
witnessed a woman being accosted by a Tag tow truck driver.
"There was Tag Towing. There a representative demanding $200
cash. I listened for about a minute while she was calling family
members. Nobody was able to help. She was very respectful, and it
moved me, in a way," Ward said.
Ward gave that woman $200 and then went home and saw our
extensive reporting on Tag Towing.
11 Investigates told you last spring customers accused the
company of gouging them for thousands of dollars.
Pittsburgh police even filed charges against the company's owner.
Ward said these practices are unfair and unjust.
"They're preying on the people of Pittsburgh, essentially,
holding their vehicles hostage and taking advantage of their
ignorance in the law," Ward said.
The next step is for a judge to decide if the issue is
appropriate for a class action.[GN]
PORTFOLIO RECOVERY: Tavare Sues over Debt Collection Practices
--------------------------------------------------------------
Teresa Tavare, individually and on behalf of all others similarly
situated, Plaintiff v. Portfolio Recovery Associates, LLC,
Defendant, Case No. 1:18-cv-02674-ENV-JO (E.D.N.Y., May 5, 2018)
seeks to stop the Defendant's unfair and unconscionable means to
collect a debt. The case is assigned to Judge Eric N. Vitaliano,
and referred to Magistrate Judge James Orenstein.
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:
Jacob Silver, Esq.
JACOB SILVER, ATTORNEY AT LAW
237 Club Dr
Woodmere, NY 11598
Telephone: (718) 855-3834
Facsimile: (718) 534-0057
E-mail: silverbankruptcy@gmail.com
POWELL TRACHTMAN: Underpays File Clerks, "Anen" Suit Alleges
------------------------------------------------------------
TAMALYN S. ANEN, individually and on behalf of all others
similarly situated, Plaintiff v. POWELL TRACHTMAN, P.C.; POWELL,
TRACHTMAN, LOGAN; CARRLE & LOMBARDO, P.C.; POWELL LEGAL GROUP,
P.C.; DAVID T. BOLGER; MICHAEL G. TRACHTMAN; GUNTHER O. CARRLE
and PAUL A. LOGAN, Defendants, Case No. 2:18-cv-02151-MSG (E.D.
Pa., May 22, 2018) is an action against the Defendants to recover
unpaid overtime wages, liquidated damages, interest, attorney's
fees and costs.
Ms. Anen was employed by the Defendant as file clerk from April
2001 to April 2018.
Powell Legal Group is a law firm that provides services to
businesses, business owners, executives, entrepreneurs and
investors. Powell is regularly retained by insurance carriers to
protect the interests of design professionals, accounting firms,
law firms, universities, major manufacturers and other
businesses. Powell was formed in 1988. [BN]
The Plaintiff is represented by:
Scott M. Pollins, Esq.
POLLINS LAW
800 Westdale Avenue
Swarthmore, PA 19081-2311
Telephone: (610) 896-9909
Facsimile: (610) 896-9910
E-mail: scott@pollinslaw.com
POWERCOR: Maddens Lawyers Sue Over St. Patrick's Day Fires
----------------------------------------------------------
Madeleine McNeil, writing for The Standard, reports that a third
class action has been launched against Powercor over the St
Patrick's Day fires.
Maddens Lawyers has issued the class action in the Victorian
Supreme Court on behalf of Gnotuk/Camperdown residents and
landowners.
The Camperdown fire started about 20 minutes after Powercor and
police were notified that a tree limb had snapped an electrical
supply line near Cross Forest Road, Naroghid.
Maddens Lawyers said it was alleged that wires near the incident
site remained live and arced which resulted in molten metal and
sparks being ejected into dry grasses below.
Class action principal Kathryn Emeny said that the fire was
particularly devastating as it could have been avoided had
Powercor responded promptly to an emergency call alerting it to a
conductor lying across the road.
She said the fire caused damage to approximately 12 properties.
One residence was completely destroyed and the Camperdown Golf
Course was also damaged. Other damages include livestock, fencing
and pasture.
Lake Gnotuk couple Anna Carrucan and Irwin Lowe are involved in
the latest class action. More than 25 hectares were burnt,
comprising pasture used for silage production, as well as
hundreds of silage rolls, kilometres of fencing, shelter belts
and conservation plantings.
Dr Carrucan said the asset loss, as well as time, energy and
expense to clean up, attend meetings and various administrative
tasks could not be underestimated and they would follow the
proceedings closely.
This class action follows the firm filing separate class actions
for Terang fire victims against Powercor on April 10 and Garvoc
fire victims against Powercor which was lodged on March 28.
Ms Emeny said the damages bill for the Garvoc fire was likely to
exceed $20million and the estimated damages bill for the Terang
bushfire was likely to exceed $40million.
She said Maddens Lawyers had received strong community support in
relation to each of the St Patrick's Day bushfire class actions.
More than 150 impacted property owners have contacted them to
register their interest in participating.
These include registrations from more than 100 families or
individuals impacted by the Terang fire and an additional 40
registrations for the Garvoc fire.
A class action for Gazette fire victims in Gazette area is also
planned.
"Investigations with respect to the cause and circumstances of
the Gazette fire are well advanced and we anticipate commencing
proceedings in the Supreme Court shortly," she said.[GN]
PREMIER CAR WASH: Fails to Pay Proper Wages, "Najera" Suit Claims
-----------------------------------------------------------------
Alejandro Najera; Edi Estrada; Jose Agueta; Julio Nunez; Luis
Aguila; and Luis Pinancho, individually and on behalf of all
others persons similarly situated, Plaintiffs v. Premier Car
Wash, LLC, and Does 1-10, Defendants, Case No. BC703562 (Cal.
Super., April 25, 2018) is an action against the Defendants for
unpaid regular hours, overtime hours, minimum wages, wages for
missed meal and rest periods.
The Plaintiffs were engaged by the Defendants to provide car wash
and detailing services to the Defendants' customers.
Premier Car Wash is a California business entity, engage in
providing car washing and detailing services to consumers. [BN]
The Plaintiff is represented by:
Emmanuel C. Akudinobi, Esq.
Chijioke O. Ikonte, Esq.
LAW OFFICES OF AKUDINOBI & IKONTE
3435 Wilshire Blvd., Suite 1520
Los Angeles, CA 90010
Telephone: (213) 387 - 0869
Facsimile:(213) 387 - 0969
PRIME COMMUNICATIONS: Fails to Pay OT, "Gonzalez" Suit Alleges
--------------------------------------------------------------
FRANK M. GONZALEZ III, MICHELLE CARTER, and DARRELL ESPINOZA,
individually and on behalf of all others similarly situated,
Plaintiff v. PRIME COMMUNICATIONS OF CALIFORNIA, LLC; and DOES 1
through 100, Defendants, Case No. BC 702262 (Cal. Super., April
27, 2018) is an action against the Defendants for unpaid regular
hours, overtime hours, minimum wages, wages for missed meal and
rest periods.
The Plaintiffs were employed as a non-exempt employee in
California.
Prime Communications of California, LLC is a corporation
organized under the laws of the State of California. The company
is engaged in the retail of cell phones, wireless, U-verse,
digital TV, high speed internet, DSL, home phone services. [BN]
The Plaintiff is represented by:
Paul K. Haines, Esq.
Sean M. Blakely, Esq.
Daniel J. Brown, Esq.
HAINES LAW GROUP, APC
222 N. Sepulveda Blvd., Suite 1550
El Segundo, CA 90245
Telephone: (424) 292-2350
Facsimile: (424) 292-2355
E-mail: phaines@haineslawgroup.com
sblakely@haineslawgroup.com
dbrown@hainesIawgroup.com
PULASKI COUNTY: Underpays Bus Drivers, "Lamb" Suit Alleges
----------------------------------------------------------
JOHN LAMB, individually and on behalf of all others similarly
situated, Plaintiff v. PULASKI COUNTY SPECIAL SCHOOL DISTRICT,
Defendant, Case No. 4:18-cv-327-JM (E.D. Ark., May 15, 2018) is
brought against the Defendant for failure to pay overtime wages,
and minimum wage under the Fair Labor Standard Act and Arkansas
Minimum Wage Act.
The Plaintiff alleged in the complaint that he was not paid the
lawful overtime premium for all hours worked over forty hours per
week in any work week. For example, the Plaintiff worked 2.5
hours of overtime during the pay period ending March 16, 2018.
His regular hourly rate was $21.60. He received $45.98 for his
2.5 hours of overtime, resulting in an overtime pay of $18.39 per
hour.
Mr. Lamb was employed by the Defendant as a bus driver.
Pulaski County Special School District is a public-school
district formed under the laws of the State of Arkansas, located
in Pulaski County, Arkansas. [BN]
The Plaintiff is represented by:
Lucas Rowan, Esq.
Jud Kidd, Esq.
DODDS, KIDD, RYAN & ROWAN
313 West Second Street
Little Rock, AR 72201
Telephone: (501) 386-9508
Facsimile: (501) 376-0387
E-mail: lrowan@dkrfirm.com
judkidd@dkrfirm.com
- and -
Thomas P. Thrash, Esq.
Marcus N. Bozeman, Esq.
THRASH LAW FIRM, P.A.
1101 Garland Street
Little Rock, AR 72201
Telephone: (501) 374-1058
Facsimile: (501) 374-2222
E-mail: tomthrash@thrashlawfirmpa.com
mbozeman@thrashlawfirmpa.com
PURDUE PHARMA: Faces "Hunt" Suit over Sale of Opioids Drugs
-----------------------------------------------------------
A lawsuit filed in Maryland district court seeks injunctive
relief, compensatory damages, statutory damages, and any other
relief allowed by law against opioid drug distributors,
retailers, and manufacturers. The lawsuit contends that, by
their actions and omissions, the Defendants knowingly or
negligently distributed and dispensed prescription opioid drugs
in a manner that foreseeably injured, and continues to injure
minors.
The case is, SHANNON HUNT, individually and as next friend of
Baby S.J., on behalf of themselves and all others similarly
situated, Plaintiff 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. n/k/a JANSSEN
PHARMACEUTICALS, INC.; JANSSEN PHARMACEUTICA INC. n/k/a JANSSEN
PHARMACEUTICALS, INC.; ENDO HEALTH SOLUTIONS INC.; ENDO
PHARMACEUTICALS, INC.; ALLERGAN PLC f/k/a ACTAVIS PLC; WATSON
PHARMACEUTICALS, INC. n/k/a ACTAVIS, INC.; WATSON LABORATORIES,
INC.; ACTAVIS LLC; ACTAVIS PHARMA, INC. f/k/a WATSON PHARMA,
INC., Defendants, Case No. 1:18-cv-01349-JKB (D. Md., May 10,
2018)
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 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:
Charles Gilman, Esq.
Lauren M. Geisser, Esq.
GILMAN & BEDIGAN, LLC
1954 Greenspring Drive, Suite 250
Timonium, MD 21093
Telephone: 410-560-4999
Email: cgilman@gblegalteam.com
- and -
Celeste Brustowicz, Esq.
Barry J. Cooper, Jr., Esq.
Stephen H. Wussow, Esq.
Victor Cobb, Esq.
COOPER LAW FIRM, LLC
1525 Religious Street
New Orleans, LA 70130
Telephone: 504-399-0009
Email: cbrustowicz@sch-llc.com
- and -
Kevin W. Thompson, Esq.
David R. Barney, Jr., Esq.
THOMPSON BARNEY LAW FIRM
2030 Kanawha Boulevard, East
Charleston, WV 25311
Telephone: 304-343-4401
Facsimile: 304-343-4405
Email: kwthompsonwv@gmail.com
RAUSCH COLEMAN: Underpays Salespersons, "Ackley" Suit Alleges
-------------------------------------------------------------
TERRY ACKLEY; JOHN HALL; BRIDGETT HALL; and SUSAN MARSHALL,
individually and on behalf of all others similarly situated,
Plaintiffs v. RAUSCH COLEMAN DEVELOPMENT GROUP, INC., Defendant,
Case No. CV 18-5079 (W.D. Ark., May 14, 2018) seeks full back-
pay, liquidated damages, prejudgment and post-judgment interest,
attorney's fees and expenses.
The Plaintiffs were employed by the Defendant as salespersons.
Rausch Coleman Development Group, Inc. is an Arkansas Corporation
doing business, at least in parts, in the states of Arkansas,
Texas, and Oklahoma. [BN]
The Plaintiff is represented by:
George M. Rozzell IV, Esq.
Jenna R. Fogleman, Esq
KEITH, MILLER, BUTLER,
SCHNEIDER & PAWLIK PLLC
224 S. Second St.
Rogers, AR 72756
Telephone: (479) 621-0006
E-mail: grozzell@arkattorneys.com
jfogleman@arkattorneys.com
REAL CARE INC: Underpays Home Attendants, "Komarova" Suit Alleges
-----------------------------------------------------------------
NATALIA KOMAROVA, individually and on behalf of other persons
similarly situated, Plaintiff v. REAL CARE, INC., Defendant, Case
No. 1:18-cv-03050 (E.D.N.Y., May 23, 2018) seeks to recover
unpaid overtime compensation, liquidated damages, reasonable
attorney's fees and costs.
Ms. Komarova was employed by the Defendant as home attendant from
February 16, 2016 to October 2017.
Real Care, Inc. is a business corporation incorporated under the
laws of the State of New York, with its principal locations at
Brooklyn, New York. The Defendant is primarily engaged in
providing nursing and home health aide services at the residences
of its clients. [BN]
The Plaintiff is represented by:
Gennadiy Naydenskiy, Esq.
NAYDENSKIY LAW FIRM, LLC
281 Summerhill Rd, Suite 210
East Brunswick, NJ, 08816
Telephone: (800) 789-9396
Facsimile: (866) 261-5478
E-mail: naydenskiylaw@gmail.com
ROBINSON HELICOPTER: Fails to Pay for Overtime, Galan Claims
------------------------------------------------------------
MARK GALAN, individually and on behalf of all others similarly
situated, Plaintiff v. ROBINSON HELICOPTER COMPANY, and DOES 1
through 100, Defendants, Case No BC704015 (Cal. Super., Los
Angeles Cty., April 27, 2018) is an action against the Defendants
for failure to pay overtime wages, minimum wages, provide meal
periods or compensation in lieu of, provide paid rest periods,
timely furnish accurate itemized wage statements.
Mr. Galan was employed by the Defendants as a non-exempt hourly
employee.
Robinson Helicopter Company designs and manufactures civil
helicopters. The Company offers turbine, newscopter, police
helicopters, product supports, warranty administration,
maintenance, and spare parts sales. Robinson Helicopter conducts
its business worldwide. [BN]
The Plaintiff is represented by:
Bruce Kokozian, Esq.
KOKOZIAN LAW FIRM, APC
9440 South Sana Monica Blvd., Suite 510
Beverly Hills, CA 90210
Telephone: (323) 857-5900
SAGE HOSPITALITY: Faces "Dolan" Suit in N.D. Georgia
----------------------------------------------------
A class action lawsuit has been filed against Sage Hospitality
Resources, LLC. The case is captioned as Milita Dolan,
individually and on behalf of all others similarly situated,
Plaintiff v. Sage Hospitality Resources, LLC, Defendant, Case No.
1:18-cv-02038-TWT (N.D. Ga., May 9, 2018). The case is assigned
to Judge Thomas W. Thrash, Jr.
Sage Hospitality Resources, LLC operates as a hospitality
management and investment company in the United States. Sage
Hospitality Resources, LLC was founded in 1984 and is based in
Denver, Colorado. [BN]
The Plaintiff is represented by:
Anthony C. Lake, Esq.
GILLEN WITHERS & LAKE, LLC
4900 Galleria Parkway, Suite 1920
Atlanta, GA 30339
Telephone: (404) 842-9700
Facsimile: (404) 842-9750
E-mail: aclake@gwllawfirm.com
- and -
Kelly K. Iverson, Esq.
Carlson Lynch Sweet &
KILPELA & CARPENTER, LLP - PA
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
E-mail: kiverson@carlsonlynch.com
- and -
R. Bruce Carlson, Esq.
CARLSON LYNCH
P.O. Box 367
231 Melville Lane
Sewickley, PA 15143
Telephone: (412) 749-1677
- and -
Thomas A. Withers, Esq.
GILLEN WITHERS & LAKE, LLC
8 E. Liberty Street
Savannah, GA 31401
Telephone: (912) 447-8400
Facsimile: (912) 233-6584
E-mail: twithers@gwllawfirm.com
SAN DIEGO YACHT CLUB: Fails to Pay Wages, "Bautista" Suit Says
--------------------------------------------------------------
JOSE LUIS BAUTISTA, individually and on behalf of all others
similarly situated, Plaintiff v. THE SAN DIEGO YACHT CLUB and
DOES 1 through 100, Defendants, Case No. 37-2018-00023341-CU-OE-
CTL (Cal. Super., San Diego Cty., May 10, 2018) is an action
against the Defendant for unpaid regular hours, overtime hours,
minimum wages, wages for missed meal and rest periods.
Mr. Bautista was employed by the Defendant as a pantry cook from
December 14, 1999 to May 17, 2017.
The San Diego Yacht Club is a yacht club located at Anchorage
Lane, San Diego, California. It has a facility with a dining
room, outdoor seating, bar, library, swimming pool, tennis
courts, and pavilion. [BN]
The Plaintiff is represented by:
Farzad Rastegar, Esq.
RASTEGAR LAW GROUP, APC
22760 Hawthorne Blvd., Suite 200
Torrance, CA 90505
Telephone: (310) 961-9600
Facsimile: (310) 961-9094
E-mail: farzad@rastegarlawgroup.com
SANMEDICA INTERNATIONAL: Faces "Pizana" Suit in E.D. California
---------------------------------------------------------------
A class action lawsuit has been filed against Sanmedica
International LLC. The case is captioned is Raul Pizana,
individually and on behalf of all others similarly situated,
Plaintiff v. Sanmedica International LLC, Defendant, Case No.
1:18-cv-00644-DAD-SKO (E.D. Cal., May 9, 2018). The case is
assigned to Judge Dale A. Drozd and referred to Magistrate Judge
Sheila K. Oberto.[BN]
The Plaintiff was represented by:
Shireen M. Clarkson, Esq.
Ryan Jack Clarkson, Esq.
CLARKSON LAW FIRM, P.C.
9255 Sunset Blvd., Suite 804
Los Angeles, CA 90069
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
E-mail: sclarkson@clarksonlawfirm.com
rclarkson@clarksonlawfirm.com
- and -
Annick Marie Persinger, Esq.
TYCKO & ZAVAREEI LLP
483 9th Street, Suite 200
Oakland, CA 94607
Telephone: (510) 254-6808
E-mail: apersinger@tzlegal.com
SEPTIC MAXX: Made Unsolicited Calls, "Cressy" Suit Claims
---------------------------------------------------------
EDDIE CRESSY, individually and on behalf of all others similarly
situated, Plaintiff vs. SEPTIC MAXX LLC; SEPTIC SAVIOR, LLC; and
DOES 1 through 10, Defendants, Case No. 2:18-cv-04311-SJO-AGR
(C.D. Cal., May 22, 2018) alleges that the Defendants
negligently, knowingly, and willfully contacted the Plaintiff on
his telephone in violation of the Telephone Consumer Protection
Act.
Septic Maxx LLC is a telemarketer engaged in selling promotional
marketing items. [BN]
The Plaintiff 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, P.C.
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
SIEMENS CORPORATION: Faces "Sosa" Suit in Sacramento
----------------------------------------------------
A class action lawsuit has been filed against Siemens
Corporation. The case is captioned as Jacob Christian Sosa,
individually and on behalf of all others similarly situated,
Plaintiff v. Siemens Corporation; Superior Group Inc.; Superior
Talent Resources Inc.; and Does 1-50, Defendants, Case No. 34-
2018-00232456-CU-OE-GDS (Cal. Super., Sacramento Cty., May 4,
2018).
Siemens Corporation is an industrial conglomerate that operates
power and gas, wind and renewables, power generation, energy
management, building technologies, mobility, digital factory,
process industries and drives, finance, healthcare, and real
estate sectors Siemens Corporation was formerly known as Siemens
America Inc. and changed its name to Siemens Corporation in 1970.
The company was founded in 1954 and is headquartered in New York,
New York, with an additional address in Washington, District Of
Columbia. Siemens Corporation operates as a subsidiary of Siemens
Aktiengesellschaft. [BN]
The Plaintiff is represented by David Yeremian, Esq.
SIMONS AGENCY: Hassine Sues over Debt Collection Practices
----------------------------------------------------------
ESTEFANIA HASSINE, individually and on behalf of all others
similarly situated, Plaintiff v. SIMON'S AGENCY, INC., Defendant,
Case No. 3:18-cv-09031-FLW-TJB (D.N.J., May 10, 2018) seeks to
stop the Defendant's unfair and unconscionable means to collect a
debt. The case is assigned to Magistrate Judge Tonianne J.
Bongiovanni.
Simon's Agency offers debt recovery and collections services for
revenue cycle management, medical billing, municipalities and
more. [BN]
The Plaintiff is represented by:
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
- and -
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
SMG MANAGEMENT I: Doesn't Pay OT to Cashiers, "Miller" Suit Says
----------------------------------------------------------------
RODRICK MILLER, individually and on behalf of all others
similarly situated, Plaintiff v. SMG MANAGEMENT I, LLC; SMG LONG
BEACH CONVENTION & ENTERTAINMENT CENTER; and DOES 1 through 100,
Defendants. Case No. BC703777 (Cal. Super., April 25, 2018) is an
action against the Defendants for unpaid regular hours, overtime
hours, minimum wages, wages for missed meal and rest periods.
Mr. Miller was employed by the Defendants as cashier.
SMG Management LLC was founded in 1996. The company's line of
business includes providing management services on a contract or
fee basis. [BN]
The Plaintiff is represented by:
Michael Nourmand, Esq.
James A. De Sario, Esq.
Melissa M. Kurata, Esq.
THE NOURMAND LAW FIRM, APC
8822 West Olympic Boulevard
Beverly Hills, CA 90211
Telephone: (310) 553-3600
Facsimile: (310) 553-3603
SOLID WASTE SERVICES: Underpays Drivers, "Claybrook" Suit Says
--------------------------------------------------------------
JASON CLAYBROOK, individually and on behalf of all others
similarly situated, Plaintiff v. SOLID WASTE SERVICES, INC. d/b/a
J.P. MASCARO AND SONS, Defendant, Case No. 2:18-cv-02065-JHS
(E.D. Pa., May 16, 2018) seeks to recover unpaid overtime
compensation, liquidated damages, pre and post judgment interest,
and reasonable attorneys' fees and costs.
Mr. Claybrook was employed by the Defendant as driver to perform
waste collection and recycling services, from May 2017 to April
2018.
Solid Waste Services, Inc., doing business as J. P. Mascaro &
Sons, provides solid waste disposal and recycling services to
residential, municipal, governmental, commercial, institutional,
and industrial sectors in the Mid-Atlantic region. The company
was founded in 1964 and is based in Audubon, Pennsylvania. [BN]
The Plaintiff is represented by:
Jason T. Brown, Esq.
Nicholas R. Conlon, Esq.
Ching-Yuan Teng, Esq.
JTB LAW GROUP, LLC
155 2nd Street, Suite 4
Jersey City, NJ 07302
Telephone: (877) 561-0000
Facsimile: (855) 582-5297
E-mail: jtb@jtblawgroup.com
nicholasconlon@jtblawgroup.com
tonyteng@jtblawgroup.com
SQUARE INC: Independent Contractors' Suit Concluded
---------------------------------------------------
Square, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 2, 2018, for the
quarterly period ended March 31, 2018, that the Levin and Rosen
lawsuits were dismissed with prejudice in their respective
courts.
On March 19, 2015, Jeffry Levin, on behalf of a putative
nationwide class, filed a lawsuit in the United States District
Court for the Northern District of California against our wholly
owned subsidiary, Caviar, Inc., which, as amended, alleged that
Caviar misclassified Mr. Levin and other similarly situated
couriers as independent contractors and, in doing so, violated
various provisions of the California Labor Code and California
Business and Professions Code by requiring them to pay various
business expenses that should have been borne by Caviar.
The Court compelled arbitration of Mr. Levin's individual claims
on November 16, 2015 and dismissed the lawsuit in its entirety
with prejudice on May 2, 2016. On June 1, 2016, Mr. Levin filed a
Notice of Appeal of the Court's order compelling arbitration with
the United States Court of Appeals for the Ninth Circuit. Mr.
Levin filed his opening appellate brief regarding the order
compelling arbitration of his individual claims on October 7,
2016.
The company filed its answering brief on December 7, 2016, and
Mr. Levin filed his reply on December 21, 2016. No hearing date
was set. Mr. Levin also sought an award of penalties pursuant to
the Labor Code Private Attorneys General Act of 2004 (PAGA). The
parties stipulated that Mr. Levin would no longer pursue this
PAGA claim but that it may instead be pursued by a different
courier.
Subsequently, couriers Nadezhda Rosen and La'Dell Brewster filed
a new PAGA-only claim in the Superior Court of the State of
California for the County of San Francisco (Superior Court) on
November 7, 2016. Plaintiffs claimed that Caviar misclassified
its couriers as independent contractors resulting in numerous
violations of the California Labor Code, pursuant to which
plaintiffs sought statutory penalties for those violations. In
February 2017, the company participated in a mediation with the
parties in these Caviar misclassification suits to explore
resolution of the matters at hand. After continued negotiation,
the parties reached a global settlement of these suits, which has
been confirmed.
As a result, the Levin and Rosen lawsuits were dismissed with
prejudice in their respective courts on January 24, 2018 and
January 18, 2018, respectively.
Square, Inc. creates tools that help sellers start, run, and grow
their businesses. Square enables sellers to accept card payments
and also provides reporting and analytics, next-day settlement,
and chargeback protection. The company is based in San Francisco,
California.
ST. FRANCES: Murphy Falcon Files Class Action Lawsuit
-----------------------------------------------------
Murphy, Falcon & Murphy filed a class action lawsuit against
Saint Frances Academy, a private Roman Catholic high school
located in Baltimore City, on behalf of Jill Doe1, a current
Saint Frances Academy student, and all current and former
students at Saint Frances Academy who were harassed, sexually
assaulted, abused, exploited, and/or inappropriately touched by
Ryan Penalver, a former teacher and administrator at Saint
Frances Academy. The lawsuit names as defendants Penalver, as
well as Saint Frances Academy, Inc. and the Roman Catholic
Archbishop of Baltimore ("Archdiocese"), both of which own,
operate and/or manage Saint Frances Academy and employed and
supervised Penalver.
In early May of 2018, abusing his position as a member of the
Saint Frances Academy faculty, Penalver engaged in sexual
relations with a minor student. Worse yet, Penalver had begun
grooming this student using his school email account since April.
After the student sought his support for emotional and mental
distress, instead of helping her, he used his position of trust
and authority to sexually abuse, assault, and exploit her,
coercing her into exchanging sexually explicit photographs and
videos, and forcing her to engage in sexual acts while on school
property -- acts to which she could not legally consent.
The lawsuit further alleges that, upon information and belief,
Penalver harassed, engaged in inappropriate sexual communications
with, and/or sexually abused, assaulted, and/or exploited other
students at Saint Frances Academy. Upon information and belief,
agents, employees, and/or administrators at Saint Frances Academy
knew or should have known about Penalver's propensity to harass
and exploit others, yet Saint Frances Academy, Inc., and the
Roman Catholic Archbishop of Baltimore failed to protect Jill Doe
and other students and failed to prevent Penalver's
unconscionable actions.
Specifically, the lawsuit alleges that Saint Frances Academy
administrators knew or should have known that, on or about
November 12, 2017, Penalver had been formally charged with
criminal harassment in the District Court of Maryland for
Baltimore City. The lawsuit further alleges that, upon
information and belief, prior to Penalver's assault of Jill Doe,
members of the Saint Frances school community had knowledge that
Penalver had previously engaged in inappropriate communications
with other students. Saint Frances Academy, Inc.'s and the
Archdiocese's failure to adequately and properly supervise
Penalver, failure to adequately investigate complaints and
concerns regarding Penalver's conduct and propensities, and
failure to terminate Penalver on or before November 2017 exposed
Jill Doe and others to a teacher with a propensity to harass,
abuse, harm, and assault others. As such, the lawsuit claims that
Saint Frances Academy, Inc. and the Archdiocese are liable for
Penalver's actions.
Hassan Murphy, Managing Partner at Murphy, Falcon & Murphy, said,
"It is beyond disturbing that at Saint Frances Academy, an
institution dedicated to the development and education of
underprivileged Baltimore City youth, a teacher and administrator
would be able to sexually harass, exploit, abuse and violate a
student in this manner." Murphy added, "Saint Frances Academy and
the Archdiocese's failure to protect their students from
Penalver's proclivity to harass and violate others indicates a
lack of leadership and a serious lack of appreciation for the
immense faith bestowed upon their institution by the parents and
families of their students." Murphy continued, "We call on Saint
Frances to work with us to immediately identify any additional
victims of this abhorrent conduct so that they may get the help
and treatment that they desperately need. Victims of sexual abuse
suffer dramatically increased incidences of suicidal behavior,
self-harm, anxiety, and post-traumatic stress disorder. Without
treatment, these risks increase each and every day, and we at the
Murphy Firm will not stop until Jill Doe and any other student
that has been harmed receives the help and justice they deserve."
*Each case is different. Past success does not guarantee a
favorable result in any future case.
Hassan Murphy, Esq.
Murphy, Falcon & Murphy
Telephone: (410) 539-6500
Email: Hassan.Murphy@murphyfalcon.com [GN]
STAGE STORES: Doesn't Pay OT to Store Managers, Bennett Alleges
---------------------------------------------------------------
BRANDON BENNETT, individually and on behalf of all other
similarly situated, Plaintiff v. STAGE STORES, INC. d/b/a
GOODY'S, Defendant, Case No. 4:18-cv-01642 (S.D. Tex., May 18,
2018) is an action against the Defendant for failure to pay the
Plaintiff and the class overtime premium compensation for hours
worked over 40 in any workweek.
Mr. Bennett was employed by the Defendant as a store manager from
November 2015 to August 2016.
Stage Stores, Inc., incorporated on June 24, 1997, operates
specialty department stores mainly in small and mid-sized towns
and communities. The Company operates approximately 830 specialty
department stores in over 40 states under the BEALLS, GOODY'S,
PALAIS ROYAL, PEEBLES and STAGE nameplates and a direct-to-
consumer business. [BN]
The Plaintiff is represented by:
Alan L. Quiles, Esq.
Gregg I. Shavitz, Esq.
Paolo C. Meireles, Esq.
Logan A. Pardell, Esq.
SHAVITZ LAW GROUP, P.A.
1515 S. Federal Hwy., Suite 404
Boca Raton, Florida 33432
Telephone: (561) 447-8888
Facsimile: (561) 447-8831
E-mail: aquiles@shavitzlaw.com
gshavitz@shavitzlaw.com
pmeireles@shavitzlaw.com
lpardell@shavitzlaw.com
- and -
Marc S. Hepworth, Esq.
Charles Gershbaum, Esq.
David A. Roth, Esq.
Rebecca S. Predovan, Esq.
HEPWORTH, GERSHBAUM & ROTH, PLLC
192 Lexington Avenue, Suite 802
New York, New York 10016
Telephone: (212) 545-1199
Facsimile: (212) 532-3801
E-mail: mhepworth@hgrlawyers.com
cgershbaum@hgrlawyers.com
droth@hgrlawyers.com
rpredovan@hgrlawyers.com
STANFORD UNIVERSITY: Kicking Out Students, Class Suit Claims
------------------------------------------------------------
Nick Cahill, writing for Courthouse News Service, reports that
like many American universities, Stanford is struggling to
support its growing student population dealing with issues like
depression, substance abuse and mental health disabilities.
Students say the prestigious university, which charges
undergraduates approximately $50,000 in tuition per year, is
failing woefully. Rather than supporting disabled students with
its world-class medical facilities and resources, students claim
Stanford is pushing them out the door.
In a federal lawsuit filed on May 17, a class of disabled
students, including one that considered suicide, accused Stanford
of forcing them off campus and treating them like a "legal
liability."
"Stanford has a practice of pressuring students, immediately
after reports of crisis behavior, into taking leaves of absence;
requiring immediate withdrawal from all classes, programs and
housing without an individualized evaluation," the class action
complaint states.
The 34-page complaint filed in federal court in San Jose includes
three stories from students using pseudonyms that describe
Stanford's "blanket practice" of shunning at-risk students.
Shortly after telling a university psychiatrist that he had
suicidal thoughts, plaintiff Jacob Z. agreed to enter the
university hospital for mental health treatment. While still in
treatment, Jacob claims his residence adviser visited and accused
Jacob of "imposing a burden" on other students and then
threatened to ban him from the dorms.
The 20-year-old student carrying a 4.0 grade point average said
he was kicked off campus housing just one week later, with the
university citing his "inability to care for his personal
safety." The eviction notice came with a $450 administrative fee
and Jacob said he was told he can't return to the San Francisco
Bay Area campus without additional treatment and a formal written
apology.
Plaintiffs' attorneys at Disability Rights Advocates in nearby
Berkeley said the class action lawsuit is the first of its kind.
The students want to set a precedent and are not asking for
monetary damages.
"Stanford is a particularly egregious example, but it is
unfortunately not the only one we have heard about," said
Disability Rights Advocates attorney Maia Goodell, Esq. --
mgoodell@dralegal.org -- in a statement.
The lawsuit claims Stanford violates the Americans with
Disabilities Act and the Fair Housing Act by stigmatizing
disabled students and forcing them off campus. It names the
university and its board of trustees as defendants.
Stanford spokesperson E.J. Miranda said in an email the
university is reviewing the complaint.
"The university cares deeply about the health and well-being of
our students and has focused on making robust programs,
facilities, and services available to them," Miranda said.
The lawsuit comes as a record number of U.S. college students are
reporting mental health problems.
According to the National Council on Disability, 35 percent of
students reported having at least one mental health disorder
while 20 percent said they have considered suicide at some point
during their college career.
Monica Porter of Disability Rights Advocates said Stanford and
other schools should be more accommodating of students'
disabilities and not be shoving them out the door.
"The law requires that exclusion be a last resort," Porter said
in a statement.
Stanford launched a task force this year that focuses on mental
health, equity and inclusion, calling it "Our Most Important
Work." Susie Brubaker-Cole, Stanford's vice provost for student
affairs, recently acknowledged that mental health is a major
challenge for students.
"Undergraduate and graduate students struggle with mental health
and well-being," Brubaker-Cole told Stanford News. "That's
because of the pressures of excelling as a student, but also
because of the volatile, unstable and changing world we live in.
Many also do not feel integrated in our community." [GN]
STARR RESTAURANTS: Fails to Pay Proper OT, "Settecasi" Suit Says
----------------------------------------------------------------
VINCENT SETTECASI and BARRY ROBINSON, individually and on behalf
of others similarly situated, Plaintiffs v. STARR RESTAURANTS
CATERING GROUP, LP, d/b/a STEPHEN STARR EVENTS; STARR RESTAURANT
ORGANIZATION, LP; GALAXY RESTAURANTS CATERING GROUP NYBG, LP;
STEPHEN STARR; SIMON POWLES, Defendants, Case No. 154429/2018
(N.Y. Sup., New York Cty., May 11, 2018) seeks to recover proper
minimum wages, proper overtime compensation, and earned customer
gratuities.
The Plaintiff Robinson was employed by the Defendants as a
catering service worker on June 2015.
The Plaintiff Settecasi was employed by the Defendants as a
catering service worker from February 2013 to December 2013.
Starr Restaurants Catering Group, LP, d/b/a Stephen Starr Events
is a foreign corporation licensed to do business in the State of
New York, with headquarters and principal place of business
located at 134 Market Street, Philadelphia, PA, and is engaged in
the hospitality industry. [BN]
The Plaintiff is represented by:
Laura R. Reznick, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Tel: (516) 873-9550
STATOIL TEXAS: Gillespie Sues over Oil and Gas Royalties
--------------------------------------------------------
DAVID GILLESPIE, individually and on behalf of all others
similarly situated, Plaintiff v. STATOIL TEXAS ONSHORE
PROPERTIES, LLC; STATOIL PIPELINES, LLC; STATOIL USA ONSHORE
PROPERTIES, INC.; and STATOIL GULF SERVICES, LLC, Defendants,
Case No. 4:18-cv-01405 (S.D. Tex., May 2, 2018) is an action
against the Defendants' use of an improper methodology to
calculate and pay Plaintiff and Class Members contractually owed
oil and gas royalties.
According to the complaint, the Defendants lacked adequate
"condensate" production data and other data, and therefore
improperly calculated payments due Plaintiff and others similarly
situated. Much of the Defendants shale production is light and
unstable "condensate," which must be stabilized before the
product is marketable. "Condensate" refers to a lighter grade of
crude oil, often produce in conjunction with wells that produce
large amounts of natural gas. Stabilization requires treatment,
usually in the form of heating and pressurization, to remove the
volatile and lighter elements -- principally methane and other
natural gas liquids. These lighter elements, known as "flash
gas," can be collected and reintroduced back into the natural gas
stream for subsequent processing and sale. Many times, removal of
"flash gas" results in 30% or more of the initial condensate
volume measured at the well separator to shrink into the final
stabilized volume suitable for sale. The Defendants constructed
over a dozen different batteries or central facilities sometimes
referred to as Central Delivery Points ("CDP's) or Central
Receipt Points ("CRP's") to perform this necessary processing.
The initial processing of oil and gas occurs at the separator
near the well where the raw stream is split into water, oil,
condensate, and gas. The oil/condensate and gas are measured at a
meter installed at the tail-end of the separator. Additional
processing occurs between this point of measurement and
measurement at the point of sale. Between that processing and
natural evaporation of condensate/oil, there is typically a
reduced volume measured at the sales meter, with the difference
referred to as shrinkage. Because the final measurement point is
at the sales meter, the accounting function must proportionally
allocate production back to the wells for the purpose of properly
calculating royalty. In many cases, 20%, 30%, or more of the
initial condensate volume is shrunk as a result of treatment.
Statoil Texas Onshore Properties LLC was incorporated in 2010 and
is based in Austin, Texas. [BN]
The Plaintiff is represented by:
Jane S. Leger, Esq.
Paul Ferguson, Esq.
Mark C. Sparks, Esq.
Layne Walker, Esq.
THE FERGUSON LAW FIRM, LLP
350 Pine Street, Suite1440
Beaumont, TX 77701
Telephone: (409) 832.9700
Facsimile: (409) 832.9708
E-mail: jleger@thefergusonlawfirm.com
cferguson@thefergusonlawfirm.com
mark@thefergusonlawfirm.com
SUNTRUST BANK: Hit With Class Action After Data Breached
--------------------------------------------------------
Greg Land, writing for Daily Report, reports that a putative
class action has been filed against SunTrust Bank on behalf of an
estimated 1.5 million customers whose private information the
bank said may have been disclosed in a data breach.
The lawsuit comes after SunTrust's public revelation that a
former employee accessed its customers' names, addresses, phone
numbers and account balances.
"SunTrust has acknowledged that approximately 1.5 million
customers' PII [personally identifiable information] were
compromised; what is presently unknown is for what period of time
this information was compromised and being taken for malicious
purposes," said the complaint filed in the U.S. District Court
for the Northern District of Georgia by John Yanchunis, Esq., and
Ryan McGee, Esq., of Morgan & Morgan's Tampa office.
In a prepared statement, Yanchunis said the lawsuit "seeks to
hold SunTrust accountable from its acknowledged failure to keep
safe the information entrusted to it. In effect, SunTrust acted
as the trustee for its customers, and it was the responsibility
of SunTrust to ensure the security of customers' information."
The complaint seeks unenumerated "actual and consequential
damages, exemplary damages and attorneys' fees" and other
damages.
In an email, SunTrust's chief communications officer Sue Mallino
said "SunTrust cares deeply about the security of client
information, and we promptly and proactively notified individuals
that may have been affected. We have heightened our monitoring of
accounts, increased other security measures, and are offering
identity theft protection services at no cost to our consumer
banking clients."
The breach became public on April 20, when SunTrust announced it
"became aware of potential theft by a former employee of
information from some of its contact lists. Although the
investigation is ongoing, SunTrust is proactively notifying
approximately 1.5 million clients that certain information, such
as name, address, phone number and certain account balances may
have been exposed."
The bank said the contact lists did not include information
information such as Social Security numbers, account numbers,
PINs or passwords.
The bank said that, in addition to offering free credit
monitoring, it was "working with outside experts and coordinating
with law enforcement."
The complaint named three class plaintiffs, and said that
Suntrust's failure to timely disclose the breach prevented meant
its customers were delayed in trying to mitigate the consequences
of the breach "and the damage which might follow."
The breach "was the inevitable result of SunTrust's inadequate
approach to data security and the protection of the [personally
identifiable information] that it collected during the course of
its business," it said.
Among the claimed damages are the plaintiffs' time spent
"searching for fraudulent activity, taking the time to secure or
purchasing credit monitoring and identity theft protection
services, and the stress, nuisance and annoyance" of dealing with
the data theft.
The suit also cited "the imminent and certainly impending injury"
the plaintiffs will likely suffer "as a result of their personal
information being placed in the hands of criminals and already
misused via the sale of plaintiffs' and class members'
information on the Internet black market."[GN]
SYMANTEC CORPORATION: Felix Sues over 33% Drop in Share Price
-------------------------------------------------------------
JAMES FELIX, individually and on behalf of all others similarly
situated, Plaintiff v. SYMANTEC CORPORATION, GREGORY S. CLARK,
and NICHOLAS R. NOVIELLO, Defendants, Case No. 3:18-cv-02902
(N.D. Cal., May 17, 2018) is a federal securities class action on
behalf of a class who purchased or otherwise acquired the
publicly traded securities of Symantec between May 20, 2017 and
May 10, 2018, both dates inclusive. The Plaintiff seeks to
recover compensable damages caused by Defendants' violations of
the federal securities laws and the Securities Exchange Act of
1934.
On May 19, 2017, after the market closed, Symantec filed its
annual report on Form 10-K for the fiscal year ended March 31,
2017 with the SEC which provided Symantec's annual financial
results and position. The 2017 10-K was signed by Defendants
Clark and Noviello. The 2017 10-K contained signed certifications
pursuant to the Sarbanes-Oxley Act of 2002 by Defendants Clark
and Noviello attesting to the accuracy of financial reporting,
the disclosure of any material changes to the Symantec's internal
control over financial reporting and the disclosure of all fraud.
On August 16, 2017, Symantec filed a Schedule 14A with the SEC,
which set forth the Symantec's Executive Compensation practices
and philosophy. The 2017 Proxy Statement stated that the
Symantec's Executive Compensation programs provide "direct
alignment with stockholders" and that Symantec uses "responsible
pay policies to reinforce strong governance and enhance
stockholder alignment."
On May 10, 2018, after market-close, Symantec reported it would
likely have to delay the filing of its annual report for the
fiscal year ended March 30, 2018 because its Audit Committee
"commenced an internal investigation in connection with concerns
raised by a former employee."
On this news, shares of Symantec fell $9.66 per share or over
33%, from its previous closing price to close at $19.52 per share
on May 11, 2018, damaging investors.
Symantec Corporation, together with its subsidiaries, provides
cybersecurity solutions worldwide. Symantec Corporation was
founded in 1982 and is headquartered in Mountain View,
California. [BN]
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
355 S. Grand Avenue, Suite 2450
Los Angeles, CA 90071
Telephone: (213) 785-2610
Facsimile: (213) 226-4684
Email: lrosen@rosenlegal.com
SYMANTEC CORP: Kaskela Law Files Securities Class Action Lawsuit
----------------------------------------------------------------
Kaskela Law LLC disclosed that a shareholder class action lawsuit
has been filed against Symantec Corp. (NASDAQ:SYMC) ("Symantec"
or the "Company") on behalf of purchasers of the Company's
securities between May 20, 2017 and May 10, 2018, inclusive (the
"Class Period").
IMPORTANT DEADLINE: Investors who purchased Symantec securities
during the Class Period may, no later than July 16, 2018, seek to
be appointed as a lead plaintiff representative of the investor
class. Symantec investors are encouraged to contact Kaskela Law
LLC (D. Seamus Kaskela, Esq.) at (484) 258-1585 or (888) 715- 1740
prior to the deadline to discuss their legal rights and options.
Additional information about this action may also be
found at www.kaskelalaw.com/case/symantec.
On May 10, 2018, Symantec disclosed that the "Audit Committee of
the Board of Directors has commenced an internal investigation in
connection with concerns raised by a former employee," and that
the Company "has voluntarily contacted the Securities and
Exchange Commission to advise it that an internal investigation
is underway." Additionally, Symantec disclosed that "[t]he
Company's financial results and guidance may be subject to change
based on the outcome of the Audit Committee investigation," and
further, that it was "unlikely that the investigation will be
completed in time for the Company to file its annual report on
Form 10-K for the fiscal year ended March 30, 2018 in a timely
manner."
Following this news, shares of the Company's stock declined in
value by $9.66 per share, or over 33%, to close on May 11, 2018
at $19.52, on heavy trading volume.
The shareholder class action complaint alleges that Symantec and
certain of its senior executive officers made false and
misleading statements, and failed to disclose to investors that:
(i) Symantec's internal controls over financial reporting were
materially weak and deficient; (ii) Symantec's later disclosed
"reporting of certain Non-GAAP measures including those that
could impact executive compensation programs" would lead to
heightened regulatory scrutiny by the SEC; (iii) as a result,
Symantec's public statements were materially false and misleading
at all relevant times. The complaint further alleges that, as a
result of the foregoing, investors purchased Symantec's
securities at artificially inflated prices during the Class
Period and suffered investment losses following the Company's May
10, 2018 disclosures.
D. Seamus Kaskela, Esq.
KASKELA LAW LLC
201 King of Prussia Road
Suite 650
Radnor, PA 19087
Telephone: (484) 258 - 1585
(888) 715 - 1740
Email: skaskela@kaskelalaw.com [GN]
SYMANTEC CORP: Rosen Law Firm Files Securities Class Lawsuit
------------------------------------------------------------
Rosen Law Firm, a global investor rights law firm, has filed a
class action lawsuit on behalf of purchasers of the securities of
Symantec Corporation (NASDAQ:SYMC) from May 20, 2017 through May
10, 2018, both dates inclusive ("Class Period"). The lawsuit
seeks to recover damages for Symantec investors under the federal
securities laws.
NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A
CLASS IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU
RETAIN ONE. YOU MAY ALSO REMAIN AN ABSENT CLASS MEMBER AND DO
NOTHING AT THIS POINT. YOU MAY RETAIN COUNSEL OF YOUR CHOICE.
According to the lawsuit, throughout the Class Period defendants
made false and/or misleading statements and/or failed to disclose
that: (1) Symantec's internal controls over financial reporting
were materially weak and deficient; (2) Symantec's later
disclosed "reporting of certain Non-GAAP measures including those
that could impact executive compensation programs" would lead to
heightened regulatory scrutiny by the Securities and Exchange
Commission ("SEC"); and (3) as a result, Symantec's public
statements were materially false and misleading at all relevant
times. When the true details entered the market, the lawsuit
claims that investors suffered damages.
A class action lawsuit has already been filed. If you wish to
serve as lead plaintiff, you must move the Court no later than
July 16, 2018. A lead plaintiff is a representative party acting
on behalf of other class members in directing the litigation.
Laurence Rosen, Esq.
Phillip Kim, Esq.
Zachary Halper, Esq
The Rosen Law Firm, P.A.
275 Madison Avenue, 34thFloor
New York, NY 10016
Website: www.rosenlegal.com
Email: lrosen@rosenlegal.com
pkim@rosenlegal.com
zhalper@rosenlegal.com [GN]
TAMPA BAY RAYS: Hit With TCPA Class Action Over Text Campaign
-------------------------------------------------------------
Susan Nikdel, writing for The National Law Review, reports that
not only did the Tampa Bay Rays start this season with the worst
record in the majors (1-8), they are also striking out in
TCPAland. A class action was filed against the baseball team in
the Middle District of Florida alleging that they are sending
unsolicited text messages in an effort to boost ticket sales.
(Got to try something, right?) The texts were allegedly sent as
part of an advertising campaign promoting tickets to the Rays'
baseball games and other Rays related events and celebrations.
Call me cynical, but this calls to mind the "joyride" scam Artin
wrote. It also reminds me of that old Emanuel v. L.A. Lakers case
where the fan texted his number to a short code displayed on a
screen at a game and then sued the Lakers for daring to text him
back.
It remains to be seen, of course, whether this is a legitimate
suit or another TCPA scam targeting a professional sports
franchise.
The alleged class is defined as: "All individuals in the United
States to whose wireless telephones Defendant, or someone on its
behalf, sent a non-emergency, unsolicited text message through
the use of an automatic dialing system, at any time within the
four years prior to the filing of this action."
Plaintiff is represented by Siprut P.C. and Kuhn Raslavich, P.A.
Counsel for the Tampa Bay Rays have not yet made an
appearance.[GN]
TEVA PHARMACEUTICALS: Grodko Sues over Drop in Share Price
----------------------------------------------------------
Elliot Grodko, individually and on behalf of all others similarly
situated, Plaintiff v. Teva Pharmaceutical Industries Ltd.; Erez
Vigodman; Eyal Desheh; and Yitzhak Peterburg, Defendants, Case
No. 3:18-cv-00800-AWT (E.D. Pa., Aug. 21, 2017) is a securities
class action by the Plaintiff and on behalf of all persons
similarly situated who purchased or acquired Teva American
Depositary Shares on the New York Stock Exchange and common stock
on the Tel Aviv Stock Exchange between November 15, 2016 and
August 2, 2017.
The complaint alleges that when information about the Defendants'
fraud was revealed to investors, the Defendants' share prices
dropped precipitously. On August 3, 2017, The Defendants'
announced lower than anticipated second quarter results due to
the performance of its U.S. generics business. The Defendants
further recorded a goodwill impairment charge of $6.1 billion in
the second quarter of 2017 related to the Company's acquisition
of Actavis. The Defendants also indicated that Teva's U.S.
generics business, due to accelerated price erosion and delays in
U.S. generic launches, was a key factor in lowering Teva's future
guidance and cutting dividend by 75%. Due to such event, Teva
shares dropped from closing prices of $111.30 per common share
and $31.25 on August 2, 2017 to a new 52-week low closing price
of $71.28 per common share on August 6, 2017 and $20.60 on August
4, 2017, on heavy two-day trading volume.
Teva Pharmaceutical Industries Limited, a pharmaceutical company,
develops, manufactures, markets, and distributes generic
medicines and a portfolio of specialty medicines worldwide. The
company has collaboration arrangements with Otsuka Pharmaceutical
Co. Ltd. and Regeneron Pharmaceuticals, Inc. Teva Pharmaceutical
Industries Limited was founded in 1901 and is headquartered in
Petach Tikva, Israel. [BN]
The Plaintiff is represented by:
Deborah R. Gross, Esq.
KAUFMAN, COREN & RESS, P.C.
Two Commerce Square, Suite 3900
Philadelphia, PA 19103
Telephone: (215) 735-8700
Facsimile: (215) 735-5170
TIERRA CALIENTE: Doesn't Pay OT to Servers, "Hernandez" Suit Says
-----------------------------------------------------------------
STEPHANIE VELAZQUEZ HERNANDEZ, individually and on behalf of all
other similarly situated, Plaintiff v. TIERRA CALIENTE, INC., and
FERMIN SAUCEDO, Defendants, Case No. 1:18-cv-03636 (N.D. Ill.,
May 23, 2018) is an action against the Defendants for failure to
pay minimum wages, and overtime compensation.
Ms. Hernandez was employed by the Defendants as server from
January 22, 2018 to April 9, 2018.
Tierra Caliente, Inc. is an Illinois corporation, with principal
office at Chicago, Illinois, operates a restaurant located at
4070 South Archer Avenue in Chicago, Illinois and is engaged in
selling and serving prepared food and beverages to customers for
consumption on and off the premises. [BN]
The Plaintiff is represented by:
Timothy M. Nolan, Esq.
NOLAN LAW OFFICE
53 W. Jackson Blvd., Ste. 1137
Chicago, IL 60604
Telephone: (312) 322-1100
Facsimile: (312) 322-1106
E-mail: tmnolanlaw@sbcglobal.net
TOWN SPORTS: Faces "Lehnert" Suit over Lending Rules Violation
--------------------------------------------------------------
Charles Lehnert; Jennifer Musarra; and Celine D'Amore,
individually and on behalf of all others similarly situated,
Plaintiffs v. Town Sports International, LLC; and Town Sports
International Holdings, Inc. doing business as: New York Sports
Clubs, Boston Sports Clubs, Washington Sports Clubs and
Philadelphia Sports Clubs, Defendants, Case No. 1:18-cv-02705-
MKB-RLM (E.D.N.Y., May 7, 2018) is a consumer class action
lawsuit alleging violation of the Truth in Lending Act.
Town Sports International, LLC, a health club company, owns and
operates sports clubs in the Northeastern United States. Town
Sports International, LLC was formerly known as TSI Club, LLC and
changed its name in June 2006. The company is based in New York,
New York. Town Sports International, LLC operates as a subsidiary
of Town Sports International Holdings Inc. [BN]
The Plaintiff is represented by:
Taylor Crabill, Esq.
David Evan Gottlieb, Esq.
WIGDOR LLP
85 5th Ave, Fifth Floor
New York, NY 10003
Telephone: (212) 257-6800
Facsimile: (212) 257-6845
E-mail: tcrabill@wigdorlaw.com
dgottlieb@wigdorlaw.com
TRADESMEN INTERNATIONAL: Removes "Montoya" Suit to N.D. Cal.
------------------------------------------------------------
The Defendant in the case of Alejandro Montoya, individually and
on behalf of all others similarly situated, Plaintiff v.
Tradesmen International, LLC, Defendant, filed a notice to remove
the lawsuit from the Superior Court of the State of California,
County of Alameda, (Case No. RG18898037) to the U.S. District
Court for the Northern District of California and assigned Case
No. 3:18-cv-02521-EDL (N.D. Cal., April 27, 2018). The case was
assigned to Magistrate Judge Elizabeth D. Laporte.
Tradesmen International, LLC operates as a construction labor
support company that recruits skilled craftsmen for construction
contractors and industrial companies in North America. Tradesmen
International, LLC was founded in 1992 and is based in Macedonia,
Ohio with a network of office locations in North America. [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:
Daniel Chul Whang, Esq.
SEYFARTH SHAW LLP
2029 Century Park East, Suite 3500
Los Angeles, CA 90067
Telephone: (310) 277-7200
Facsimile: (310) 201-5219
E-mail: dwhang@seyfarth.com
- and -
Amanda I. Fry, Esq.
SEYFARTH SHAW LLP
2029 333 South Hope Street, Suite 3900
Los Angeles, CA 90071-3043
Telephone: (213) 270-9600
E-mail: afry@seyfarth.com
- and -
Gerald L. Maatman, Jr.
SEYFARTH SHAW LLP
233 South Wacker Drive, Suite 8000
Chicago, IL 60606-6448
Telephone: (312) 460-5000
Facsimile: (312) 460-7000
E-mail: gmaatman@seyfarth.com
TRIANGLE CAPITAL: "Dagher" and "Holden" Suits Consolidated
----------------------------------------------------------
Triangle Capital Corporation said in its Form 10-Q Report filed
with the Securities and Exchange Commission on May 2, 2018, for
the quarterly period ended March 31, 2018, that the Dagher and
Holden class action lawsuits were consolidated and are currently
captioned In re Triangle Capital Corp. Securities Litigation,
Master File No. 5:18-cv-00010-FL.
The company and certain of its current and former executive
officers have been named as defendants in two putative securities
class action lawsuits, each filed in the United States District
Court for the Southern District of New York (and then transferred
to the United States District Court for the Eastern District of
North Carolina) on behalf of all persons who purchased or
otherwise acquired our common stock between May 7, 2014 and
November 1, 2017.
The first lawsuit was filed on November 21, 2017, and was
captioned Elias Dagher, et al., v. Triangle Capital Corporation,
et al., Case No. 5:18-cv-00015-FL (the "Dagher Action"). The
second lawsuit was filed on November 28, 2017, and was captioned
Gary W. Holden, et al., v. Triangle Capital Corporation, et al.,
Case No. 5:18-cv-00010-FL (the "Holden Action"). The Dagher
Action and the Holden Action were consolidated and are currently
captioned In re Triangle Capital Corp. Securities Litigation,
Master File No. 5:18-cv-00010-FL.
On April 10, 2018, the plaintiff filed its First Consolidated
Amended Complaint. The complaint, as currently amended, alleges
certain violations of the securities laws, including, among other
things, that the defendants made certain materially false and
misleading statements and omissions regarding the Company's
business, operations and prospects between May 7, 2014 and
November 1, 2017.
The plaintiff seeks compensatory damages and attorneys' fees and
costs, among other relief, but did not specify the amount of
damages being sought. The time for the defendants to respond to
the complaint has not yet expired.
Triangle Capital said, "We intend to defend ourselves vigorously
against the allegations in the aforementioned actions. Neither
the outcome of the lawsuits nor an estimate of any reasonably
possible losses is determinable at this time. An adverse judgment
for monetary damages could have a material adverse effect on our
operations and liquidity."
Triangle Capital Corporation is a publicly traded, internally
managed business development company ("BDC") that offers a wide
variety of investment structures, with a primary focus on junior
capital -- debt and equity, for lower middle market companies.
The company is based in Raleigh, North Carolina.
TRUSS FAB LLC: Fails to Pay Proper Wages, "Altman" Suit Claims
--------------------------------------------------------------
Rusty Altman, individually and on behalf of all others similarly
situated, Plaintiff v. Truss Fab, LLC, Defendant, Case No. Case
2:18-CV-01460-DJH (D. Ariz., May 14, 2018) alleges that the
Defendant failed to properly compensate the Plaintiff and the
Putative Class members for all hours worked, including hours
worked in excess of 40 in a workweek, and failed to pay the
Plaintiff and the Putative Class members for all hours spent
working.
The Plaintiff was employed by the Defendant as an hourly non-
exempt laborer.
Truss Fab, LLC was founded in 2005. The company's line of
business includes the production of structural wood members
including laminated and fabricated trusses. [BN]
The Plaintiff is represented by:
Hans A. Nilges, Esq.
NILGES DRAHER LLC
7266 Portage Street,
N.W., Suite D
Massillon, OH 44646
Telephone: (330) 470-4428
E-mail: hans@ohlaborlaw.com
U.S. TELEPACIFIC: Sues Insurer for Indemnification
--------------------------------------------------
U.S. TELEPACIFIC CORP., d/b/a TPx COMMUNICATIONS, Plaintiff v.
U.S. SPECIALTY INSURANCE COMPANY; and DOES 1 through 10,
inclusive, Defendants, Case No. BC 704120 (Cal. Super., Los
Angeles Cty., April 27, 2018) seeks to recover the full amounts
owed under a Directors, Officers and Organization Liability
Insurance Policy issued by the Defendants.
The Plaintiff alleges the Defendants' wrongful and bad faith
denial of coverage for the underlying lawsuits titled (1) Watts
v. U.S. TelePacific Corp., Case No. BC482968, Los Angeles
Superior Court, and (2) McKinney v. U.S. TelePacific Corp., Case
No. CIV RS 1204662, San Bernardino Superior Court. Rather than
provide the full coverage the Insurer contracted to U.S.
TelePacific, the insurer chose to rely on two inapplicable
exclusions to deny coverage. The Insurer's positions are
contrary to the policy it issued, the law, insurance industry
custom and practice, and the facts. Through those actions, the
Insurer has breached its contractual obligations and engaged in
bad faith.
U.S. Specialty Insurance Company provides property and casualty
insurance products and services in the United States. The company
was founded in 1974 and is based in Houston, Texas. U.S.
Specialty Insurance Company operates as a subsidiary of HCC
Insurance Holdings Inc. [BN]
The Plaintiff is represented by:
Shaun H. Crosner, Esq.
Michael S. Gehrt, Esq.
PASICH LLP
1100 Glendon Avenue, Suite 1000
Los Angeles, CA 90024-3503
Telephone: (424)313-7860
Facsimile: (424) 313-7890
E-mail: scrosner@pasichllp.com
mgehrt@pasichllp.com
UNILEVER US: Condon Alleges Mislabeling of "Low Fat" Ice Cream
--------------------------------------------------------------
Franco Condon, individually and on behalf of all others similarly
situated, Plaintiff v. Unilever United States, Inc., Defendant,
Case No. 2:18-cv-02977-JS-SIL (E.D.N.Y., May 18, 2018) alleges
that the Defendant misrepresented the composition of its Products
by describing and identifying them as "low fat ice cream" when
they in fact consisted of ingredients not consistent with
consumer expectations and FDA regulations for the identification
of the product.
The complaint alleges that the Defendant manufactures,
distributes, markets, labels and sells frozen dairy desserts
under the Breyers brand. The Defendant introduced Breyers
Delights, which is a product line extension of Breyers and is
represented as "light ice cream" and "low-fat ice cream." The
Defendant mislead consumers who seek the indulgence of ice cream
as opposed to a frozen dairy dessert. Defendant's intent was to
keep pace with "ice cream" upstarts which brandish their calories
and protein to entice consumers with "better for you" versions of
ice cream. The Plaintiff and class members relied on the
Defendant's claims, causing them to pay more.
Unilever United States, Inc. manufactures, distributes, markets,
labels and sells frozen dairy desserts under the Breyers
brand.[BN]
The Plaintiff is represented by:
Joshua Levin-Epstein, Esq.
LEVIN-EPSTEIN & ASSOCIATES, P.C.
1 Penn Plaza, Suite 2527
New York, NY 10119
Telephone: (212) 792-0046
- and -
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
891 Northern Blvd., Suite 201
Great Neck, NY 11021
Telephone: (516) 303-0552
E-mail: spencer@spencersheehan.com
UNILEVER US: Underfills Knorr Pasta Sides, "Fasih" Suit Says
------------------------------------------------------------
KAVEH FASIH, individually and on behalf of all others similarly
situated, Plaintiff v. UNILEVER UNITED STATES, INC. and DOES 1
through 10, Defendants, Case No. 3:18-cv-01032-BEN-BLM (S.D.
Cal., May 23, 2018) contends that the Defendant intentionally
packages its Knorr Pasta Sides Alfredo products in opaque
containers that contain approximately 40% empty space. Consumers,
in reliance on the size of the containers, purchased the Knorr
Pasta Sides Alfredo products, which they would not have purchased
had they known that the containers were substantially empty.
Unilever United States Inc. manufactures and markets food, home
care, and personal care products. The Company's products include
ice creams, oils, mayonnaises, spreads, sauces, tea, laundry
detergents, shampoos, soaps, fragrances, and body washes.
Unilever United States operates internationally. [BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
PACIFIC TRIAL ATTORNEYS
A Professional Corporation
4100 Newport Place Drive, Ste. 800
Newport Beach, CA 92660
Telephone: (949) 706-6464
Facsimile: (949) 706-6469
E-mail: sferrell@pacifictrialattorneys.com
UNITED STATES: Thomas Sues over Free Legal Counsel
--------------------------------------------------
Lena Thomas, individually and on behalf of all others similarly
situated, Plaintiff v. United States Attorney General d/b/a the
United States of America; Does 1-40+ million; and Does 1-1000,
Defendants, Case No. 18CECG01434 (Cal. Super., Fresno Cty., April
24, 2018) seeks the moral and constitutional right to have legal
representation, free of charge.
Thomas, a 63-year old divorced mother of one, is bringing the
suit for herself as well as on behalf of all others persons
similarly situated in the U.S, who have, in the past, and are
currently experiencing problems and issues obtaining adequate
legal representation.
The Plaintiff alleges that the courts dismissed her cases filed
pro se, and by so doing, the courts have continually deprived her
of life, liberty and justice. Also, she alleges she should be
provided an attorney free of charge because courts in Texas took
away from her a $25 million default judgment against Facebook,
Inc.[BN]
The Plaintiff is represented pro se.
UNITEDHEALTHCARE INSURANCE: Dane Sues over Premium Rebate Scheme
----------------------------------------------------------------
MARK DANE, individually and on behalf of all others similarly
situated, Plaintiff v. UNITEDHEALTHCARE INSURANCE COMPANY;
UNITEDHEALTH GROUP, INC.; AARP, INC. AARP SERVICES INC.; and AARP
INSURANCE PLAN, Defendants, Case No. 3:18-cv-00792-SRU (D. Conn.,
May 10, 2018) is a class action on behalf of a nationwide class
of Medicare eligible individuals who, by the unlawful acts of the
Defendants, are having a percentage of their monthly payments for
Medicare supplement insurance coverage diverted for an illegal
purpose, namely to fund a premium rebating scheme between their
group insurance plan's sponsor and the group plan's insurer.
The complaint alleges that the basics of the scheme are as
follows: AARP sponsors AARP Medigap, a group Medicare supplement
insurance plan for its members, whereby AARP serves as the group
policyholder of the plan and helps promote the plan by, among
other things, actively soliciting AARP members and other eligible
senior citizens to purchase an AARP Medigap policy. In exchange
for, among other things, AARP's sponsorship of the plan,
selection of UnitedHealthcare as the insurer of the plan, and
active solicitation of consumers, UnitedHealthcare allows AARP to
take a rebate of 4.9% from every dollar that flows through AARP
Medigap.
Every month, after AARP siphons off its 4.9% share from the money
that comes in from member insureds, AARP makes the monthly
collective group plan premium payment to UnitedHealthcare in
order to bind coverage -- 4.9% lighter than the collective
payments made by the consumers.
This agreement to pay AARP a 4.9% rebate is documented in a side
arrangement between AARP and UnitedHealthcare in a confidential
private contract, outside of the actual group policy of
insurance. In the side agreement, Defendants attempt to classify
the 4.9% rebate as an "allowance" which they later renamed a
"royalty." The original version of this confidential side
contract explains that the "royalty" is for AARP's "sponsorship"
of the group plan, and allegedly for the use of AARP's
"intellectual property.
In further breach of the Policy, Defendants are engaged in a
separate but related scheme whereby AARP invests member insureds'
monthly payments to earn money on short term investments before
remitting the premium to UnitedHealthcare during the 31-day grace
period after the monthly premium is actually due. Not only is
this part of the scheme not part of the Policy between
UnitedHealthcare and its insureds, Defendants mislead insureds to
believe that their payments made out to UnitedHealthcare are
actually for AARP Medigap coverage, as opposed to an investment
vehicle for AARP for a 31-day grace period before premium
payments are sent to UnitedHealthcare to bind coverage.
UnitedHealthcare Insurance Company provides insurance services.
The Company offers vision, critical illness, short term health,
dental, medicaid, and term life insurance, as well as business
plans and group retiree benefits. UnitedHealthcare Insurance
serves customers in the United States. [BN]
The Plaintiff is represented by:
Lionel Z. Glancy, Esq.
Ex Kano S. Sams II, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310)201-9150
Facsimile: (310)432-1495
E-mail: lglancy@glancylaw.com
esams@glancylaw.com
- and -
Louis N. George, Esq.
HASSETT & GEORGE, P.C.
945 Hopmeadow Street
Simsbury, CT 06070
Telephone: (860)651-1333, Ext. 121
Facsimile: (860)651-1888
E-mail: lgeorge@hgesq.com
UNIVERSITY OF ROCHESTER: Faces Class Suit Over Retirement Plan
--------------------------------------------------------------
Randy Goreman, writing for WXXI News, reports that a federal
class action lawsuit has been filed on behalf of thousands of
employees at the University of Rochester that the university has
not been aggressive enough in trying to make sure that the
workers aren't charged excessive fees for their retirement plan.
The suit was filed by a Pittsburgh-based law firm, Carlson Lynch
Sweet Kipela & Carpenter, specifically for Christopher D'Amore,
who worked in UR's IT department for nearly 21 years.
The suit states that he has been paying more than $500 per year
to TIAA in service fees when a reasonable fee for administrative
services is no more than $50 per year.
The lawsuit claims that the fees for the retirement plan are
close to ten times what they should be, and it says that it
appears TIAA is willing to reduce its fees if universities will
just make the request.
The suit says that the UR retirement plan has over $4.2 billion
in assets and that the university failed to leverage its
"tremendous bargaining power" to help those participating in the
retirement plan.
Among other things, the lawsuit seeks to find UR liable to make
good to the benefit plan all of the losses that is says resulted
from a "breach of fiduciary duty."
The University of Rochester responded with this statement:
"The plaintiffs' lawyers in this case have unfortunately gotten
many of the facts wrong. In fact, the fee paid to TIAA for its
record-keeping and administrative services by the University's
retirement plan is actually below the $50 per-participant fee
that the complaint alleges is reasonable. Similarly, the
allegations reporting the total amount paid to TIAA and the
amount paid by Mr. D'Amore for these services are wrong. The
University has been a leader in its work to ensure that its
retirement plan assets are prudently managed and the fees charged
are competitive and reasonable. "
TIAA gave WXXI News this statement:
"TIAA is proud to have served the University of Rochester and its
employees for nearly 100 years with one goal in mind - to provide
their employees access to high-quality, low-cost retirement
investment options to help ensure their financial security.
We believe the allegations in this suit reflect a fundamental
lack of understanding of how TIAA serves participants."[GN]
VELOCITY THE GREATEST: Fails to Pay Overtime, "Joseph" Suit Says
----------------------------------------------------------------
MIKE JOSEPH, individually and on behalf of all others similarly
situated, Plaintiff v. VELOCITY THE GREATEST PHONE COMPANY EVER,
INC., and GLOBAL GATEWAY EXCHANGE, LLC, Defendants, Case No.
3:18-cv-01174 (N.D. Ohio, May 21, 2018) seeks to recover unpaid
overtime wages and all allowable damages, interest, and
attorney's fees and costs under the Fair Labor Standards Act.
Mr. Joseph was employed by the Defendant as a salary-paid LFE
from September 2017 to March 2018.
Velocity The Greatest Phone Company Ever, Inc. was founded in
2005. The Company's line of business includes providing telephone
voice and data communications services. [BN]
The Plaintiff is represented by:
C. Andrew Head, Esq.
Bethany A. Hilbert, Esq.
HEAD LAW FIRM, LLC
4422 N Ravenswood Ave
Chicago, IL 60640
Telephone: (404) 924-4151
Facsimile: (404) 796-7338
Email: ahead@headlawfirm.com
bhilbert@headlawfirm.com
VISITING NURSE: Fails to Pay Proper Wages, "East" Suit Alleges
--------------------------------------------------------------
JENNIFER EAST, individually and on behalf of all others similarly
situated, Plaintiff v. VISITING NURSE SERVICE OF NEW YORK; MARKI
FLANNERY, JESSICA CUMMINS; LORRAINE EARLE and JOHN DOES #1-10,
Defendants, Case No. 1:18-cv-04251-GBD (S.D.N.Y., May 11, 2018)
is an action against the Defendants for unpaid regular hours,
overtime hours, minimum wages, wages for missed meal and rest
periods.
Ms. East was employed by the Defendants as a home health aide
coordinator from May 11, 2012 to March 1, 2017.
Visiting Nurse Service of New York, Inc. operates as a not-for-
profit home healthcare agency to provide skilled nursing care,
rehabilitation therapy, and behavioral health therapy for short-
term care. The company was founded in 1893 and is based in New
York, New York. [BN]
The Plaintiff is represented by:
William Coudert Rand, Esq.
LAW OFFICE OF WILLIAM COUDERT RAND
501 Fifth Avenue, 15th Floor
New York, NY 10017
Telephone: (212) 286-1425
Facsimile: (646) 688-3078
Email: wcrand@wcrand.com
VM3015 INC: Fails to Pay Proper Wages, Suit Alleges
---------------------------------------------------
Three workers of an adult entertainment club alleges violation of
the Fair Labor Standards Act. The plaintiffs' names were
withheld in the complaint.
The case is, Jane Doe 1; Jane Doe 2; and Jane Doe 3, individually
and on behalf of all others similarly situated, Plaintiffs v.
VM3015, Inc. doing business as: The Doll House of Columbus; House
of Babes; LL Entertainment, LLC doing business as: Private Dancer
Club; X Gentlemen's Club; Cheeks Gentlemen's Club; Club Rog; NL
Corp., Inc., doing business as: Diamonds Cabaret; Scarlett's
Cabaret Toledo; PSG Foods, LLC doing business as: Platinum
Showgirls; HSG Foods, LLC doing business as: Hush Showgirls; Top
Hat Gentlemen's Club; Country Time; Sharkey's Lounge; Pinups and
Pints; Pazzazz Show Club; Showtime Gentlemen's Club; New York-New
York Cabaret; The Living Room; Bottoms Up Lounge; Jen's Den;
Crazy Horse Men's Club; Crazy Horse; Secrets Gentlemen's Club;
Amber's Cabaret; The Buckeye Association of Club Executives, Inc.
doing business as: BACE Ohio; and John Doe BACE Member
Gentlemen's Club 1-20, Defendants, Case No. 2:18-cv-00443-MHW-CMV
(S.D. Ohio., May 6, 2018),
The case was assigned to Judge Michael H. Watson and referred to
Magistrate Judge Chelsey M. Vascura.
VM3015, Inc. doing business as: The Doll House of Columbus is
engaged in the entertainment and club business. [BN]
The Plaintiff is represented by:
Steven Charles Babin, Jr., Esq.
CHAPIN LEGAL GROUP LLC
580 South High Street, Suite 330
Columbus, OH 43215
Telephone: (614) 221-9100
Facsimile: (614) 221-9272
E-mail: sbabin@chapinlegal.com
- and -
Lance Chapin, Esq.
CHAPIN LEGAL GROUP, LLC
580 South High Street, Suite 330
Columbus, OH 43215
Telephone: (614) 221-9100
E-mail: lchapin@chapinlegal.com
VOYA FINANCIAL: Seeks Dismissal of "Dezelan" Amended Complaint
--------------------------------------------------------------
Voya Financial, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 2, 2018, for the
quarterly period ended March 31, 2018, that the company has moved
to dismiss the first amended complaint in the case Dezelan v.
Voya Retirement Insurance and Annuity Company (USDC District of
Connecticut, No. 3:16-cv-1251) (filed July 26, 2016).
A putative class action in which plaintiff, a participant in a
403(b) Plan, seeks to represent a class of plans whose assets are
invested in Voya Retirement Insurance and Annuity Company
("VRIAC") "Group Annuity Contract Stable Value Funds."
Plaintiff alleges that VRIAC has violated the Employee Retirement
Income Security Act of 1974 ("ERISA") by charging unreasonable
fees and setting its own compensation in connection with stable
value products. Plaintiff seeks declaratory and injunctive
relief, disgorgement of profits, damages and attorney's fees. The
Company denies the allegations, which it believes are without
merit, and intends to defend the case vigorously.
On July 19, 2017, the district court granted the Company's motion
to dismiss, but permitted the plaintiff to file an amended
complaint. The plaintiff has filed a first amended complaint, and
the Company has moved to dismiss that complaint.
Voya Financial, Inc. operates as a retirement, investment, and
insurance company in the United States. It operates through
Retirement, Investment Management, Individual Life, and Employee
Benefits segments. The company is based in New York.
VOYA FINANCIAL: "Patrico" Class Suit Nixed
------------------------------------------
Voya Financial, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 2, 2018, for the
quarterly period ended March 31, 2018, that a district court has
denied the plaintiff's motion for leave to file an amended
complaint in the case, Patrico v. Voya Financial, Inc., et al
(USDC SDNY, No. 1:16-cv-07070) (filed September 9, 2016) and
closed the case.
A putative class action in which plaintiff, a participant in a
401(k) Plan, seeks to represent a class of plans "for which Voya
or its subsidiaries provide recordkeeping, investment management
or investment advisory services and for which Financial Engines
provides investment advice to plan participants."
Plaintiff alleges that the Company and its affiliates have
violated ERISA by charging unreasonable fees in connection with
in-plan investment advice provided in conjunction with Financial
Engines, a third-party investment adviser. Plaintiff seeks
declaratory and injunctive relief, disgorgement of profits,
damages and attorney's fees.
The Company denies the allegations, which it believes are without
merit, and intends to defend the case vigorously. On June 20,
2017, the district court granted the Company's motion to dismiss,
but permitted the plaintiff to file an amended complaint. The
plaintiff has filed a motion for leave to file a first amended
complaint, and the Company has opposed that motion. On March 13,
2018, the district court denied the plaintiff's motion for leave
to file an amended complaint and closed the case.
Voya Financial, Inc. operates as a retirement, investment, and
insurance company in the United States. It operates through
Retirement, Investment Management, Individual Life, and Employee
Benefits segments. The company is based in New York.
VOYA FINANCIAL: Bid to Drop "Goetz" Suit Ongoing
------------------------------------------------
Voya Financial, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 2, 2018, for the
quarterly period ended March 31, 2018, that the company has filed
a motion to dismiss the amended complaint in Goetz v. Voya
Financial and Voya Retirement Insurance and Annuity Company (USDC
District of Delaware, No. 1:17-cv-1289) (filed September 8,
2017).
A putative class action in which plaintiff, a participant in a
401(k) plan, seeks to represent other participants in the plan as
well as a class of similarly situated plans that "contract with
[Voya] for recordkeeping and other services."
Plaintiff alleges that "Voya" breached its fiduciary duty to the
plan and other plan participants by charging unreasonable and
excessive recordkeeping fees, and that "Voya" distributed
materially false and misleading 404a-5 administrative and fund
fee disclosures to conceal its excessive fees. The Company denies
the allegations, which it believes are without merit, and intends
to defend the case vigorously.
Plaintiff filed an amended complaint on January 4, 2018, and the
Company filed a motion to dismiss the amended complaint on
February 8, 2018.
Voya Financial, Inc. operates as a retirement, investment, and
insurance company in the United States. It operates through
Retirement, Investment Management, Individual Life, and Employee
Benefits segments. The company is based in New York.
VOYA FINANCIAL: "Barnes" and "Cutler" COI Suits Underway
--------------------------------------------------------
Voya Financial, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 2, 2018, for the
quarterly period ended March 31, 2018, that the company is facing
two putative class action suits related to cost of insurance
litigation.
Barnes v. Security Life of Denver (USDC Colorado, No. 1:18-cv-
00718) (filed March 27, 2018), a putative class action in which
the plaintiff alleges that his insurance policy only permitted
the Company to rely upon his expected future mortality experience
to increase his cost of insurance, but the Company instead relied
upon other, non-disclosed factors to do so. Such litigation also
includes Cutler v. Voya Financial, Inc. and Reliastar Life
Insurance Company (USDC S.D. Florida, No. 1:18-cv-20723) (filed
February 23, 2018), in which the plaintiff alleges that his
insurance policy only permitted the Company to rely upon his
expected future mortality experience to increase his cost of
insurance, but the Company instead relied upon other, non-
disclosed factors to do so.
The Company denies the allegations in each complaint, believes
both to be without merit, and intends to defend each case
vigorously.
Voya Financial, Inc. operates as a retirement, investment, and
insurance company in the United States. It operates through
Retirement, Investment Management, Individual Life, and Employee
Benefits segments. The company is based in New York.
WELK RESORT: Underpays Sales Representatives, "Harris" Suit Says
----------------------------------------------------------------
ANGELINE HARRIS, individually and on behalf of all others
similarly situated, Plaintiff v. WELK RESORT GROUP, INC.; APOLLO
MARKETING, INC. f/k/a APOLLO COMMUNICATIONS, INC., and Does 1
through 10, Defendants, Case No. 37-2018-00021283-CU-0E-CTL (Cal.
Super., San Diego Cty., April 27, 2018) is an action against the
Defendants for unpaid regular hours, overtime hours, minimum
wages, wages for missed meal and rest periods.
Ms. Harris was employed by the Defendants as a sales
representative from July 2015 to January 2017.
Welk Resort Group, Inc. operates resorts and vacation home
properties. Its facilities include accommodation, theatres, golf
courses, and a pool. The company was founded in 1964 and is based
in Escondido, California with corporate offices in San Marcos,
California with corporate offices in San Marcos, California. It
has locations in Maui, Hawaii; Palm Springs and San Diego,
California; Branson, Missouri; and Cabo San Lucas, Mexico.
8860 Lawrence Welk. [BN]
The Plaintiff is represented by:
Michael D. Singer, Esq.
Jeff Geraci, Esq.
COHELAN KHOURY & SINGER
605 C Street, Suite 200
San Diego, CA 92101
Telephone: (619) 595-3001
Facsimile: (619) 595-3000
E-mail: msinger@ckslaw.com
igeraci@ckslaw.com
- and -
Jonathan M. Lebe, Esq.
LEBE LAW, APC
5723 Melrose Avenue, Suite 100
Los Angeles, CA 90038-3889
Telephone: (310) 921-7056
Facsimile: (310) 820-1258
E-mail: jon@lebelaw.com
WESTSTAR TRANS: Wants "Beaudoin" Suit Moved to Kern County
----------------------------------------------------------
The Defendants in the case of GUY BEAUDOIN, individually and on
behalf of all others similarly situated, Plaintiff v. WESTSTAR
TRANSPORTATION, INC.; and ATLAS CRANE & RIGGING, INC., Defendant,
Case No. CU-OE-VTA, filed a motion to change venue from the
Superior Court of the State of California, Ventura County, to the
Superior Court of the State of California, Kern County. The
District Court Clerk assigned Case No. BCV-18-101045 to the
proceeding. The Case is assigned to the Hon. David R. Lampe.
Westar Transportation Inc was founded in 1998. The Company's line
of business includes providing trucking transportation services.
[BN]
The Plaintiff is represented by Douglas Han, Esq.
The Defendants are represented by John T Egley, Esq.
WHOLE FOODS: Fails to Pay Proper Wages, "Stojka" Suit Alleges
-------------------------------------------------------------
PETRA STOJKA, individually and on behalf of all others similarly
situated, Plaintiff v. WHOLE FOODS MARKET CALIFORNIA, INC. and
DOES 1-100, Defendants, Case No. 37-2018-000231 15-CU-OE-CTL
(Cal. Super., San Diego Cty., May 9, 2018) is an action against
the Defendants for unpaid regular hours, overtime hours, minimum
wages, wages for missed meal and rest periods.
Whole Foods Market, Inc. operates natural and organic foods
supermarkets. As of September 24, 2017, the company operated
approximately 470 stores in the United States, Canada, and the
United Kingdom. It also sells its products through online. The
company was founded in 1978 and is headquartered in Austin,
Texas. As of August 28, 2017, Whole Foods Market, Inc. operates
as a subsidiary of Amazon.com, Inc.[BN]
The Plaintiff is represented by:
William Turley, Esq.
David Mara, Esq.
Jill VecchL, Esq.
Matthew Crawford, Esq.
THE TURLEY & MARA LAW FIRM, APLC
7428 Trade Street
San Diego, CA 92121
Telephone: (619) 234-2833
Facsimile: (619) 234-4048
WISE MEDICAL: Underpays Caregivers, "Campbell" Suit Alleges
-----------------------------------------------------------
JUANITA CAMPBELL, individually and on behalf of all others
similarly situated, Plaintiff v. WISE MEDICAL STAFFING, INC.,
Defendant, Case No. 2:18-cv-00493-ALM-KAJ (S.D. Ohio., May 17,
2018) is brought against the Defendant for failure to pay
overtime wages in violation of the Fair Labor Standards Act.
Ms. Campbell was employed by the Defendant as a caregiver.
Wise Medical Staffing Inc. is located at 80 East 2nd Street
Chillicothe, OH. [BN]
The Plaintiff is represented by:
Hans A. Nilges, Esq.
Shannon M. Draher, Esq.
NILGES DRAHER LLC
7266 Portage St. NW, Suite D
Massillon, OH 44646
Telephone: (330) 470-4428
Facsimile: (330) 754-1430
Email: hans@ohlaborlaw.com
sdraher@ohlaborlaw.com
WOOF GANG: Doesn't Pay OT to Groomers, "Giraud" Suit Says
---------------------------------------------------------
ANNETTE GIRAUD, individually and on behalf of all others
similarly situated, Plaintiff v. WOOF GANG BAKERY, INC.; WGB
CLEARWATER, LLC; RYAN D. LUND; and GINA MARIE LUND, Defendants,
Case No. 8:18-cv-01127-MAP (M.D. Fla., May 8, 2018) seeks to
recover unpaid overtime wages, unpaid minimum wages, liquidated
damages, and attorney's fees and costs.
The Plaintiff was employed by the Defendants as a groomer from
August 2017 to October 2017.
Woof Gang Bakery, Inc. is a Florida corporation with principal
place of business in Orlando, Florida. The Company is engaged in
the business as a retailer of pet food, pet-related supplies and
pet grooming. [BN]
The Plaintiff is represented by:
Shyamie Dixit, Esq.
Robert L. Vessel, Esq.
DIXIT LAW FIRM
3030 N. Rocky Point Drive West, Suite 260
Tampa, FL 33607
E-mail: sdixit@dixitlaw.com
rvessel@dixitlaw.com
WORLDWIDE FLIGHT: Underpays Supervisor, "Contreras" Suit Alleges
----------------------------------------------------------------
ERICK CONTRERAS, individually and on behalf of all others
similarly situated, Plaintiff v. WORLDWIDE FLIGHT SERVICES, INC.;
and DOES 1 through 100, Defendants, Case No. BC705058 (Cal.
Super., May 4, 2018) is an action against the Defendants for
unpaid regular hours, overtime hours, minimum wages, wages for
missed meal and rest periods.
Mr. Contreras was employed by the Defendants as supervisor.
Worldwide Flight Services, Inc. offers aviation and aircraft
ground support services such as cargo handling, technical
contracting, and ramp and passenger services primarily to
passenger airlines, air-cargo carriers, and airports. Worldwide
Flight Services, Inc. was formerly known as AMR Services
Corporation and changed its name to Worldwide Flight Services,
Inc. in March, 1999. The company was incorporated in 1983 and is
based in Irving, Texas. Worldwide Flight Services, Inc. operates
as a subsidiary of WFS Global SAS. [BN]
The Plaintiff is represented by:
Elizabeth Nguyen, Esq.
Scott M. Lidman, Esq.
LIDMAN LAW, APC
222 N. Sepulveda Blvd., Suite 1550
El Segundo, CA 90245
Telephone: (424) 322-4772
Facsimile: (424) 322-4775
E-mail: enguyen@lidmanlaw.com
slidman@lidmanlaw.com
- and -
Paul K. Haines, Esq.
HAINES LAW GROUP, APC
222 N. Sepulveda Blvd., Suite 1550
El Segundo, CA 90245
Telephone: (424) 292-2350
Facsimile: (424) 292-2355
E-mail: phaines@haineslawgroup.com
XILIN ASSOCIATION: Fails to Pay Proper Wages, "Brodesser" Claims
----------------------------------------------------------------
JOHN BRODESSER, individually and on behalf of all other similarly
situated, Plaintiff v. XILIN ASSOCIATION, WES SON, and LINDA
YANG, Defendants, Case No. 1:18-cv-03613 (N.D. Ill., May 22,
2018) seeks to recover unpaid minimum wage, overtime pay,
liquidated damages, interests, attorney's fees and costs.
Mr. Brodesser was employed by the Defendant as a non-exempt
employee from May 7, 2014 to January 16, 2018.
Xilin Association is an Illinois corporation, non-profit
organization doing business as Xilin Asian Community Center. [BN]
The Plaintiff is represented by:
Ryan J. Kim, Esq.
INSEED LAW, P.C.
2454 E Dempster St Suite 301
Des Plaines, IL 60016
ZARA USA: Nordrehaug Bhowmik Files Wage Class Action Lawsuit
------------------------------------------------------------
The Los Angeles labor law attorneys at Blumenthal Nordrehaug
Bhowmik De Blouw LLP, filed a class action lawsuit against Zara
USA, Inc., alleging that the company failed to properly calculate
overtime compensation for their hourly employees. Furthermore,
the complaint alleges that Zara USA, Inc., failed to provide
mandatory meal and rest breaks to its employees. The Zara USA,
Inc., lawsuit, Case No. 30-2018-00992682-CU-OE-CXC, is currently
pending in the Orange County Superior Court for the State of
California.
The class action complaint alleges that the company paid their
non-exempt employees a non-discretionary incentive wage based
upon their performance for the company. The complaint further
alleges that the company failed to properly pay the correct
amount of overtime compensation due to their non-exempt
employees, because the company allegedly failed to include the
incentive wage compensation as part of the employees' "regular
rate of pay" for purposes of calculating overtime compensation.
As a result, the non-exempt employees working in California were
allegedly systematically underpaid overtime compensation.
According to the class action complaint, the company's non-exempt
employees were also allegedly unable to take off duty meal breaks
due to their rigorous work schedules. California labor laws
require an employer to provide an employee required to perform
work for more than five (5) hours during a shift with, a thirty
(30) minute uninterrupted meal break prior to the end of the
employee's fifth (5th) hour of work. The complaint alleges that
the company did not provide their employees who forfeited meal
breaks additional compensation.
If you think your company is violating the California Labor Code
and would like to know if you qualify to make a claim, please
contact:
Nicholas J. De Blouw, Esq.
Blumenthal Nordrehaug Bhowmik De Blouw LLP
Telephone: (858) 952-0354
Email: nick@bamlawca.com [GN]
*********
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
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Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA.
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Adala, Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche
Maricon Castillon-Lopez, Julie Anne L. Toledo, Christopher G.
Patalinghug, and Peter A. Chapman, Editors.
Copyright 2018. All rights reserved. ISSN 1525-2272.
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