/raid1/www/Hosts/bankrupt/CAR_Public/181107.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, November 7, 2018, Vol. 20, No. 223
Headlines
A&E TELEVISION: Website Violates ADA, Sullivan Suit Says
ABC CORP: Fails to Properly Pay Workers, Marmolejos Suit Asserts
ABILITY RECOVERY: Dixon Files FDCPA Suit in Pennsylvania
ADS ALLIANCE: Al-Sabur Collective Action Certified
AIR INDUSTRIES: Faces Kishmoian Securities Suit in New York
ALBANY INTERNATIONAL: Krutz Suit Seeks to Recover Unpaid OT Wages
ALPHABET INC: Pomerantz Law Firm Files Securities Class Action
ALTICE USA: Stull Stull Files Securities Class Action Suit
AMERICAN SPOTTING: Perkins Moves to Certify Class of Spotters
ANINE BING: Faces Class Action in New York Over ADA Breach
APPLIED OPTOELECTRONICS: Gainey McKenna Files Securities Lawsuit
ARNOLD CROSSROADS: Sued by Nekouee for Violating Disabilities Act
ARTISTS & FLEAS: Figueroa Sues Over Blind-Inaccessible Web Site
ATREX INC: Casanueva Suit Alleges FLSA Violation
AUTOLIV INC: Bid to Dismiss Insurer's Suit Granted in Part
AXIS INSURANCE: Yadegar's Bid to Certify Nixed Due to Settlement
BANK OF AMERICA: Harrison Files Suit in Cal. Super. Ct.
BELFOR USA: Gomez Sues Over Unpaid Wages Under FLSA
BLUE CROSS: Rosenberg Files Suit in M.D. Florida
BLUEMERCURY INC: Figueroa Suit Asserts ADA Violation
BRIDGEPOINT EDUCATION: Fellow Files Suit in S.D. California
C.R. ENGLAND: Troy Howard Seeks to Certify Class & Subclass
CALIFORNIA: Anne Johnson Files Class Suit v. State Court
CELADON GROUP: Investors Agree to Settle Class Suit For $5.5MM
CHARTER NEX: Miller Suit Alleges FLSA Violations
CHINA ZENIX: Faces He Securities Class Action in N.J.
CMS OCOEE: Vernotzy Files Suit in M.D. Florida
COCRYSTAL PHARMA: Howard G. Smith Files Securities Fraud Lawsuit
CONSUEGRA & DUFFY: Faces Florida Suit Filed Under FDCPA
CREDIT MANAGEMENT: Dixon Files Suit Over Debt Collection Practices
CUYANA INC: Wrongfully Record Telephone Calls, Epps Suit Alleges
EDWARD JONES: Faces Lawsuit For Allegedly Gouging Clients
EMPIRE EDUCATION: Pettis Sues Over TCPA Breach
ETTAIN GROUP: Lui Suit Seeks to Recover Unpaid Overtime
FACEBOOK INC: King et al. Sue over Massive Data Security Breach
FACEBOOK INC: Meneses Suit Asserts Personal Injury
FIORELLA INSURANCE: Boriskin Suit Alleges TCPA Violation
FORD MOTOR: Appeals Decision in Schneider Suit to Ninth Circuit
FRENZ & ZORBALAS: To Pay $18.5MM to Settle Tenants' Lawsuit
GIVAM INC: Abreu De Sardinas Files Suit Over FLSA Violation
GOLDEN GOOSE: Faces Fischler Suit Asserting ADA Violation
GRAND CANYON EDUCATION: Made Unsolicited Calls, Ann Fellows Claims
GREATS BRAND: Violates Disabilities Act, Fischler Suit Asserts
HARI MARI: Fischler Sues Over ADA Breach
HARRAH'S NC: Fourth Circuit Appeal Filed in Humble FLSA Suit
HOMEADVISOR INC: Motion for Preliminary Injunction Filed in Lawsuit
HONEYWELL CORP: Class-Action Lawsuit Expands, More People Sign Up
HUNTINGTON BANCSHARES: Court Certifies Class of Employees
IDAHO: Turney Seeks Restraining Order, Class Cert. in Suit v. DOC
INGENIOUS TECH: Abante Rooter Seeks Damages Over TCPA Violation
INOVALON HOLDINGS: Seeks 2nd Cir. Review of Order in Xiang Suit
INTELLICHECK LLC: Cunha Moves to Certify FCRA Class and Subclass
JETBLUE AIRWAYS: Faces Class Action Suit Over Travel Insurance
JM COFFEE: Garcia Suit Seeks to Recover Damages Under FLSA
LOGAN STAFFING: Wiles Files FLSA Suit in New York
LONE STAR: Jeffery Suit Alleges FLSA Violations
LUMEN GROUP: Anco Seeks to Recover Unpaid Wages, Damages
MAISON KITSUNE: Faces Figueroa ADA Class Action
MAKE IT RIGHT: Francis et al. Suit Moved to E.D. Louisiana
MARFI CONTRACTING: Flores Files Labor Class Action
MASTEC SERVICES: Williams Suit Alleges Labor Code Violations
MDL 2741: Davis vs. Monsanto over Herbicide Roundup Consolidated
MDL 2741: Martinez vs Monsanto over Herbicide Roundup Consolidated
MDL 2862: C.U.E. Inc. Suit over Isocyanate Sales Consolidated
METRO NORTHWEST: Braden Sues Over Unpaid Overtime Wages
MIANSI RETAIL: Faces Class Action in NY for ADA Violation
MIYOKO'S KITCHEN: Brown Files Product Liability Suit
NEW YORK, NY: Drayon Suit Seeks Unpaid Wages Under FLSA
NIGERIA: Court Certifies Suit vs. Lagos State as Class Action
NORTH AMERICAN COMPANY: Advance Trust Sues for Breach of Contract
OHIO ELDERLY: Court Certifies Class of Non-exempt Employees
OSHKOSH DEFENSE: Denied Workers Overtime Pay, Marquette Suit Says
PGGS GOURMET: Garcia Suit Alleges FLSA and NYLL Breach
R&L MANAGEMENT: Faces Class Action in NY Under ADA
RADIO STAR: Faces Martinez Suit Asserting FLSA Violation
RANBAXY INC: Cesar Castillo Suit Alleges Sherman Act Violation
RAYMOND JAMES: Loses Motion to Dismiss Class Action
REVERA: Lawsuit to Proceed as Mass Tort
RIPTYDZ HOSPITALITY: Jackman Suit Seeks Unpaid Wages
ROCKWATER ENERGY: Baker Sues Over Unpaid Overtime Wages
S&P DATE: Gibson Files Suit in Ohio Alleging FLSA Violation
SAHOTA FAMILY: SRO Resident Vows To Keep Fighting After Ruling
SANTONI NORTH: Fischler Files Suit Asserting ADA Violation
SCIENCE APPLICATIONS: Perlow Sues BOD for Breach of Fiduciary Duty
SISTERS OF CHARITY: Sexual Abuse Victims Seek Class Action Status
STATE-OWNED ASSETS: Cole Files Product Liability Suit in Oklahoma
STITCH FIX: Kaskela Law Files Securities Class Action Lawsuit
STITCH FIX: Robbins Geller Files Securities Class Action Suit
STUTTERHEIM: Violates ADA, Figueroa Suit Asserts
SYSTEMS SPECIALISTS: Gilliland Suit Seeks Unpaid OT Wages
TENNESSEE: Class Action Lawsuit Over Medicaid Delays in Trial
TMAP LLC: Violates Disabilities Act, Says Figueroa Suit
TREVENA INC: Bernstein Liebhard Files Securities Lawsuit
TREVENA INC: Block & Leviton Files Securities Class Action
TREVENA INC: Bronstein Gewirtz Files Securities Class Action
TREVENA INC: Robbins Arroyo Files Securities Class Action
UNITED AIRLINES: Pilots Class and Subclasses Certified in "Moss"
UNITED STATES : 3rd Cir. Appeal Filed in Stewart Suit v. Postmaster
VANDERBILT UNIVERSITY: Court Certifies Class of Plan Beneficiaries
WALMART INC: Asks Court to Grant Initial Approval of Settlement
WANT RETAIL: Faces Fischler Class Suit in New York
WORLDPAC INC: Faces Torres Suit in Cal. Super. Ct.
*********
A&E TELEVISION: Website Violates ADA, Sullivan Suit Says
--------------------------------------------------------
Phillip Sullivan, Jr. on behalf of himself and all others similarly
situated, Plaintiff, v. A&E Television Networks, LLC, Defendant,
Case No. 1:18-cv-09981-GHW (S.D. N.Y., October 29, 2018) seeks to
put an end to systemic civil rights violations committed by
Defendant against deaf and hard-of-hearing individuals in New York
State and across the United States pursuant to the Americans with
Disabilities Act.
Defendant denies deaf and hard-of-hearing individuals throughout
the United States equal access to the goods and services that it
provides to non-disabled individuals, through
https://www.history.com, says the complaint.
Plaintiff is a resident of New York County, New York.
Defendant is a foreign for-profit corporation organized under the
laws of the State of Delaware and is registered in the State of
Delaware to do business.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Phone: 212-465-1188
Fax: 212-465-1181
ABC CORP: Fails to Properly Pay Workers, Marmolejos Suit Asserts
----------------------------------------------------------------
Cesar Abreu Marmolejos, individually and on behalf all other
employees similarly situated, Plaintiff, v. ABC Corp. d/b/a A&G
Gates Rolling Doors and Felix "Alba", Defendants, Case No.
3:18-cv-06591 (E.D. N.Y., October 29, 2018) is brought by Plaintiff
on his own behalf and on behalf of similarly situated employees,
alleging violations of the Fair Labor Standards Act.
Defendants have willfully and intentionally committed widespread
violations of the FLSA and NYLL by engaging in a pattern and
practice of failing to pay their employees, including Plaintiff,
overtime compensation for all hours worked over 40 each workweek,
says the complaint.
Cesar Abreu Marmolejos is a resident of the Bronx and was employed
as an iron-worker by Defendants ABC Corp. d/b/a A&G Gates Rolling
Doors and Felix "Alba" from March 1, 2018 to September 26, 2018.
ABC Corp. d/b/a A&G Gates Rolling Doors, is a domestic business
corporation organization and existing under the laws of the State
of New York and maintains its principal place of business at 1661
Boone Avenue, Bronx, NY 10460.[BN]
The Plaintiff is represented by:
Lorena P. Duarte, Esq.
Hang & Associates PLLC
38th 136-20 Ave., Suite #10G
Flushing, NY 11354
Phone: (718) 353-8588
Dir: (718) 353-8522
Fax: (718) 353-6288
Email: lduarte@hanglaw.com
ABILITY RECOVERY: Dixon Files FDCPA Suit in Pennsylvania
--------------------------------------------------------
Ability Recovery Services is facing a class action lawsuit in
Pennsylvania. The case is styled as Jennifer Dixon on behalf of
herself and all others similarly situated, Plaintiff v. Ability
Recovery Services, John Does 1-25, Defendants, Case No.
2:18-cv-04641-MMB (E.D. Penn., Oct. 29, 2018).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Ability Recovery Services is a family-owned and operated agency
that specializes in the collection of consumer debt for Higher
Education Institutions, Telecom, Healthcare Providers, Utility, and
Financial Institutions.[BN]
The Plaintiff is represented by:
Robert P. Cocco, Esq.
LAW OFFICES OF ROBERT P. COCCO PC
1500 Walnut St., Ste. 900
Philadelphia, PA 19102
Phone: (215) 351-0200
Fax: (215) 922-3874
Email: rcocco@rcn.com
ADS ALLIANCE: Al-Sabur Collective Action Certified
--------------------------------------------------
In the class action lawsuit captioned ARSHAD AL-SABUR, on behalf of
himself and those similarly situated, the Plaintiff, vs. ADS
ALLIANCE DATA SYSTEMS, INC., the Defendant, Case No.
2:18-cv-00957-GCS-CMV (S.D. Ohio), the Hon. Judge George C. Smith
entered an order on Oct. 23, 2018, granting conditional
certification of a group of current and former employees as a
collective action pursuant to 29 U.S.C. section 216(b).
The parties' request to delay notice to the putative class members
while the parties explore whether a resolution is possible is
granted. The parties are ordered to explore a potential resolution
of this matter and work cooperatively as set forth in the
Stipulation. In accordance with the parties' Stipulation, the
statute of limitations is tolled from October 22, 2018 until the
parties' mediation, the Court says.[CC]
AIR INDUSTRIES: Faces Kishmoian Securities Suit in New York
-----------------------------------------------------------
MICHAEL KISHMOIAN, Individually and On Behalf of All Others
Similarly Situated v. AIR INDUSTRIES GROUP, MICHAEL N. TAGLICH,
ROBERT F. TAGLICH, PETER D. RETTALIATA, SEYMOUR G. SIEGEL, DAVID J.
BUONANNO, ROBERT C. SCHROEDER AND MICHAEL BRAND, Case No.
2:18-cv-05757-JFB-ARL (E.D.N.Y., October 15, 2018), seeks to remedy
the alleged false and misleading disclosures made by the Defendants
in the Company's proxy statement related to its 2017 annual meeting
of stockholders because those disclosures violated federal
securities laws.
On August 24, 2017, the Company filed a Schedule 14A Proxy
Statement with the SEC for the Annual Meeting. In the Proxy, the
Board asked stockholders of Air Industries to approve an amendment
(the "Amendment") to the Company's Articles of Incorporation to
increase the number of authorized common stock from 25 million to
50 million (the "Share Increase Proposal"). The Proxy
affirmatively represented that brokers could not vote shares that
they held on behalf of someone else in connection with the Share
Increase Proposal unless that party directed the brokers how to
vote. However, in truth, the brokers had discretion to cast votes
without any instructions from the actual stockholders, and the
Company counted broker non-votes as affirmative votes, the
Plaintiff asserts.
Air Industries is a Nevada corporation with its principal executive
offices located in Hauppauge, New York. The Individual Defendants
are directors and officers of the Company.
Air Industries is an aerospace company operating primarily in the
defense industry, as well as in the commercial and industrial
sector. The Company manufactures and designs structural parts and
assemblies that focus on flight safety, including landing gear,
arresting gear, engine mounts, flight controls, throttle quadrants,
and other components.[BN]
The Plaintiff is represented by:
Joseph Levi, Esq.
Amy Miller, Esq.
William J. Fields, Esq.
Samir Shukurov, Esq.
LEVI & KORSINSKY, LLP
55 Broadway, 10th Floor
New York, NY 10006
Telephone: (212) 363-7500
Facsimile: (212) 363-7171
E-mail: jlevi@levikorsinsky.com
amiller@zlk.com
wfields@zlk.com
sshukurov@zlk.com
- and -
Melissa A. Fortunato, Esq.
Shaelyn Gambino-Morrison, Esq.
BRAGAR EAGEL & SQUIRE P.C.
885 Third Avenue, Suite 3040
New York, NY 10022
Telephone: (212) 308-5858
Facsimile: (212) 214-0506
E-mail: fortunato@bespc.com
gambino-morrison@bespc.com
ALBANY INTERNATIONAL: Krutz Suit Seeks to Recover Unpaid OT Wages
-----------------------------------------------------------------
Alexander Krutz, individually and on behalf of others similarly
situated v. Albany International Corporation, Case No.
1:18-cv-01720 (E.D. Wis., October 30, 2018), seeks to recover
unpaid overtime compensation under the Fair Labor Standards Act.
The Plaintiff and the Collective Rounding Class seek relief on a
collective basis challenging, among other FLSA violations,
Albany’s practice of failing to accurately record all hours
worked and failing to pay employees for all hours worked, including
overtime compensation.
The Plaintiff Alexander Krutz is an adult resident of Winnebago
County in the State of Wisconsin. The Plaintiff Krutz is a current
employee of Albany who has worked as a Mechanic since on or around
May 2015.
The Defendant Albany is a global advanced textiles and materials
processing company with a principal office located in Rochester,
New Hampshire. Albany has two facilities located in Menasha,
Wisconsin and Kaukauna, Wisconsin. [BN]
The Plaintiff is represented by:
Larry A. Johnson, Esq.
Summer H. Murshid, Esq.
Timothy P. Maynard, Esq.
HAWKS QUINDEL, S.C.
222 East Erie Street, Suite 210
P.O. Box 442
Milwaukee, WI 53201-0442
Tel: (414) 271-8650
Fax: (414) 271-8442
E-mail: ljohnson@hq-law.com
smurshid@hq-law.com
tmaynard@hq-law.com
ALPHABET INC: Pomerantz Law Firm Files Securities Class Action
--------------------------------------------------------------
Pomerantz LLP disclosed that a class action lawsuit has been filed
against Alphabet, Inc. ("Alphabet" or the "Company") (NASDAQ: GOOG)
and certain of its officers. The class action, filed in United
States District Court, Northern District of California, and index
under 18-cv-06245, is on behalf of a class consisting of all
persons and entities, other than Defendants and their affiliates,
who purchased or otherwise acquired common shares of Alphabet
between April 23, 2018 and October 7, 2018, both dates inclusive
(the "Class Period"). Plaintiff seeks to recover compensable
damages caused by Defendants' violations of the federal securities
laws and to pursue remedies under Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934 (the "Exchange Act") and Rule 10b-5
promulgated thereunder.
If you are a shareholder who purchased Alphabet securities between
April 23, 2018, and October 7, 2018, both dates inclusive, you have
until December 10, 2018, to ask the Court to appoint you as Lead
Plaintiff for the class. A copy of the Complaint can be obtained at
www.pomerantzlaw.com. To discuss this action, contact Robert S.
Willoughby at rswilloughby@pomlaw.com or 888.476.6529 (or
888.4-POMLAW), toll-free, Ext. 9980. Those who inquire by e-mail
are encouraged to include their mailing address, telephone number,
and the number of shares purchased.
Alphabet was incorporated in 2015 and is the parent company of its
leading subsidiary Google Inc. ("Google"), among others. Google was
founded in 1998. Alphabet and Google are headquartered in Mountain
View, California.
Alphabet, through its subsidiary Google, operates a social
networking website called "Google+" that allows people to
communicate with their family, friends, and coworkers. Google+
users ostensibly have the ability to share and restrict the sharing
of personal information according to their preferences by changing
privacy settings.
Between 2015 and March 2018, a software glitch in the Google+
website permitted outside developers to access the personal profile
data of Google+ members who had not opted to permit their data to
be shared publicly. Defendants discovered this glitch in March
2018, ran tests to determine the impact of the glitch, and
determined that the data of nearly half of a million users had been
exposed to third parties. Google's legal and policy staff drafted a
memorandum regarding the security failure and shared it with senior
executives. The memorandum warned that disclosing the incident
would likely trigger "immediate regulatory interest." Google's CEO,
Defendant Pichai, was briefed on the plan not to notify users after
an internal committee had reached that decision.
Throughout the Class Period, Defendants made materially false and
misleading statements regarding the Company's business, operational
and compliance policies. Specifically, Defendants made false and/or
misleading statements and/or failed to disclose that: (1) the
Company's security measures had failed recently and massively, as
Google had exposed the private data of hundreds of thousands of
users of Google+ to third parties; (2) damage to the Company's
reputation and operating results and loss of customers from this
failure of the Company's security measures were imminent and
inevitable; (3) the Company's security protections did not shield
personal user data against theft and security breaches; and (4) the
Company's security measures had been breached due to employee
error, malfeasance, system errors or vulnerabilities.
On October 8, 2018, citing "people briefed on the incident and
documents reviewed," The Wall Street Journal reported that in March
2018, Google discovered a software glitch in its Google+ social
network that had exposed users' personal data to third parties, but
"opted not to disclose the issue. . . in part because of fears that
doing so would draw regulatory scrutiny and cause reputational
damage." Following this news, Google's stock price fell $67.75 per
share, or 5.9%, over the following two trading sessions, to close
at $1,081.22 per share on October 10, 2018.
Robert S. Willoughby, Esq.
Pomerantz LLP
Telephone: 888-476-6529 ext. 9980
Email: rswilloughby@pomlaw.com [GN]
ALTICE USA: Stull Stull Files Securities Class Action Suit
----------------------------------------------------------
Stull, Stull & Brody ("SS&B") disclosed that a class action lawsuit
has been filed on behalf of purchasers of the securities of Altice
USA ("Altice" or the "Company") (NYSE:ATUS), pursuant and/or
traceable to the Company’s June 22, 2017 initial public offering
("IPO").
The investigation concerns whether Altice's filings with the U.S.
Securities and Exchange Commission in connection with the IPO
contained untrue statements of material fact or omitted material
information. Altice's share price had fallen more than 40% from its
IPO price of $30, thereby injuring investors.
Investors who purchased or otherwise acquired Altice's securities
pursuant and/or traceable to the IPO may contact Stull, Stull &
Brody, by email to ATUS@ssbny.com, by telephone at 1-212-687-7230,
Ext. 147, or by fax to 1-212-490-2022.
You may retain Stull, Stull & Brody, or other counsel of your
choice, to serve as your counsel in this action.
Michael Klein, Esq.
Stull, Stull & Brody
Telephone: 1-212-687-7230, Ext. 147
Website: www.ssbny.com
Email: ATUS@ssbny.com
mklein@ssbny.com [GN]
AMERICAN SPOTTING: Perkins Moves to Certify Class of Spotters
-------------------------------------------------------------
The Plaintiffs move the Court for conditional class certification
of the matter titled Gerald Perkins, et al. v. American Spotting
Company of Ohio, Inc., Case No. 2:18-cv-00054-MHW-KAJ (S.D. Ohio),
under the Fair Labor Standards Act.
The class consists of:
persons who at any point in the last 3 years were employed
by Defendant American Spotting Company of Ohio as non-exempt
spotters (including inside spotters) and/or yard drivers,
who clocked in and out pursuant to company policy but whose
time entries were rounded down and/or whose time entries
were edited to reduce the number of overtime hours for which
they were paid.
The Plaintiffs also ask the Court to: (1) authorize them to issue
notice of this lawsuit to potential class members so they may be
notified of their right to participate in this suit; (2) direct the
Defendants to identify by name, last known address, and telephone
number the proposed class members within 10 days of this Order; and
(3) authorize them to issue notice to the putative class
members.[CC]
The Plaintiffs are represented by:
Sharon Cason-Adams, Esq.
ADAMS & LIMING, L.L.C.
Rivers Edge Corporate Center
1335 Dublin Road, Suite 104D
Columbus, OH 43215
Telephone: (614) 488-2053
Facsimile: (614) 488-2069
E-mail: Sharon@adamsliming.com
The Defendant is represented by:
Bryan Kaemmerer, Esq.
MCCARTHY, LEONARD & KAEMMERER L.C.
825 Maryville Center Dr., Suite 300
Town and Country, MO 63017
Telephone: (314) 392-5200
E-mail: bkaemmerer@mlklaw.com
- and -
Natalie McLaughlin, Esq.
VORYS, SATER, SEYMOUR AND PEASE LLP
52 East Gay Street
P.O. Box 1008
Columbus, OH 43216-1008
Telephone: (614) 464-5452
E-mail: nmclaughlin@vorys.com
ANINE BING: Faces Class Action in New York Over ADA Breach
----------------------------------------------------------
A class action lawsuit has been filed against Anine Bing
Corporation. The case is styled as Jose Figueroa on behalf of
himself and all others similarly situated, Plaintiff v. Anine Bing
Corporation, Defendant, Case No. 1:18-cv-09972 (S.D. N.Y., Oct. 29,
2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Anine Bing Corporation retails apparel products. The Company sells
women's clothing including tops, bottom wears, jackets, dresses,
denims, t-shirts, sweaters, knits, and lingerie, as well as
fragrances, shoes, jewelry, and accessories. Anine Bing serves
customers worldwide.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
APPLIED OPTOELECTRONICS: Gainey McKenna Files Securities Lawsuit
----------------------------------------------------------------
Gainey McKenna & Egleston disclosed that a class action lawsuit has
been filed against Applied Optoelectronics, Inc. ("Applied
Optoelectronics" or the "Company") (Nasdaq: AAOI) in the United
States District Court for the Southern District of Texas on behalf
of a class consisting of investors who purchased or otherwise
acquired Applied Optoelectronics securities between August 7, 2018
through September 27, 2018, both dates inclusive (the "Class
Period"), seeking to recover damages caused by Defendants’
violations of the federal securities laws and to pursue remedies
under Sections 10(b) and 20(a) of the Securities Exchange Act of
1934 (the "Exchange Act") and Rule 10b-5 promulgated thereunder.
Applied Optoelectronics, Inc. develops and manufactures advanced
optical products which are the building blocks for broadband and
fiber access networks primarily for Internet data center, cable
television (CATV), and fiber-to-the-home (FTTH) networking
end-market.
Furthermore, there is another class action lawsuit pending against
the Company which was filed in 2017. The amended complaint in that
lawsuit also alleges that the Company made false and misleading
statements to the market and asserts a class period for investors
who purchased or otherwise acquired Applied Optoelectronics
securities between February 23, 2017 and February 21, 2018, both
dates inclusive.
The Complaint in the class action lawsuit which was just recently
filed alleges that throughout the Class Period, Defendants made
materially false and misleading statements regarding the
Company’s business, operational and compliance policies.
Specifically, the Complaint alleges that Defendants made false
and/or misleading statements and/or failed to disclose that: (i)
certain of the Company’s lasers were susceptible to fail
prematurely; (ii) certain of the Company’s transceivers utilizing
these lasers would be materially affected; and (iii) as a result of
the foregoing, Optoelectronics’ public statements were materially
false and misleading at all relevant times.
On September 27, 2018, an analyst with Loop Capital Markets
downgraded the Company’s stock, reporting that the Company was
experiencing product quality issues with certain transceivers in
which its lasers fail after thousands of hours of operation. The
analyst also lowered gross margin and revenue expectations because
the product quality issues suggested that the Company would start
procuring lasers externally through 2019.
On this news, the Company's stock price fell $2.98 per share, or
more than 9%, to close at $28.36 per share on September 27, 2018,
on unusually heavy trading volume.
Investors who purchased or otherwise acquired shares during the
Class Period should contact the Firm prior to the November 30, 2018
lead plaintiff motion deadline. A lead plaintiff is a
representative party acting on behalf of other class members in
directing the litigation. If you wish to discuss your rights or
interests regarding this class action please;
Thomas J. McKenna, Esq.
Gregory M. Egleston, Esq.
Gainey McKenna & Egleston
Telephone: (212) 983-1300
Email: tjmckenna@gme-law.com
gegleston@gme-law.com. [GN]
ARNOLD CROSSROADS: Sued by Nekouee for Violating Disabilities Act
-----------------------------------------------------------------
FRED NEKOUEE, individually v. ARNOLD CROSSROADS, LLC, a Missouri
limited liability company; SPECIALTY RETAILERS, INC., a Texas
corporation; CCDJ L.L.C., a Missouri limited liability company,
Case No. 4:18-cv-01754-JAR (E.D. Mo., October 15, 2018), is brought
on behalf of the Plaintiff and all other mobility impaired
individuals similarly situated seeking declaratory and injunctive
relief, and attorney's fees, litigation expenses and costs pursuant
to the Americans with Disabilities Act.
The Plaintiff contends that he has encountered architectural
barriers at the Defendants' properties, which have endangered his
safety in his wheelchair, impaired his ability to access the
property due to excessively steep slopes in parking spaces for the
disabled, access aisles and walking surfaces, impaired his use of
the men's and women's restrooms in Gordmans and the Hotshots Sports
Bar and Grill at the Arnold Crossroads Shopping Center, have
impaired his access to the goods and services at Gordmans and the
Hotshots Sports Bar and Grill, and deterred him from trying to
access other stores at the Arnold Crossroads Shopping Center.
Arnold Crossroads, LLC's property, the Arnold Crossroads Shopping
Center, is located at and near 215 Arnold Crossroads Center, in
Arnold, Missouri. Arnold Crossroads, LLC, owns, operates or leases
the Arnold Crossroads Shopping Center.
Specialty Retailers, Inc., owns, leases, leases to, or operates a
place of public accommodation -- a retail store. Specialty
Retailers owns, operates or leases the "Gordmans" in the Arnold
Crossroads Shopping Center.
CCDJ L.L.C. owns, leases, or operates a place of public
accommodation -- restaurant, bar, or other establishment serving
food or drink. CCDJ owns, operates or leases the "Hotshots Sports
Bar and Grill" in the Arnold Crossroads Shopping Center.[BN]
The Plaintiff is represented by:
Robert J. Vincze, Esq.
LAW OFFICES OF ROBERT J. VINCZE
PO Box 792
Andover, KS 67002
Telephone: (303) 204-8207
E-mail: vinczelaw@att.net
ARTISTS & FLEAS: Figueroa Sues Over Blind-Inaccessible Web Site
---------------------------------------------------------------
JOSE FIGUEROA, on behalf of himself and all others similarly
situated v. ARTISTS & FLEAS LLC, Case No. 1:18-cv-09423-RA
(S.D.N.Y., October 15, 2018), is brought against the Defendant for
its alleged failure to design, construct, maintain, and operate its
Web site -- http://www.artistsandfleas.com/-- to be fully
accessible to and independently usable by the Plaintiff and other
blind or visually-impaired people.
Artists & Fleas LLC is a New York Limited Liability Company doing
business in New York. The Company is a fashion and accessories
retailer that operates Artists & Fleas stores, as well as the
Artists & Fleas Web site.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Telephone: (929) 575-4175
Facsimile: (929) 575-4195
E-mail: Joseph@cml.legal
- and -
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003-2461
Telephone: (212) 228-9795
E-mail: nyjg@aol.com
danalgottlieb@aol.com
ATREX INC: Casanueva Suit Alleges FLSA Violation
------------------------------------------------
Sergio R. Casanueva, on behalf of himself and all others similarly
situated v. Atrex, Inc., and David Brafford, Case No. 1:18-cv-24527
(S.D. Fla., October 29, 2018), is brought against the Defendants
for violation of the Fair Labor Standards Act.
The Plaintiff alleges that the Defendants did not pay them overtime
and minimum wages for work performed in excess of 40 hours weekly.
The Plaintiff worked for Defendants as a cable installer from on or
about September 16, 2017 through the present and ongoing.
The Defendant Atrex, Inc. is a corporation that regularly transacts
business within Dade County. The Individual Defendant is a
corporate officer and owner of the Defendant Corporation. [BN]
The Plaintiff is represented by:
J.H. Zidell, Esq.
J.H. ZIDELL, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Tel: (305) 865-6766
Fax: (305) 865-7167
E-mail: zabogado@aol.com
AUTOLIV INC: Bid to Dismiss Insurer's Suit Granted in Part
----------------------------------------------------------
Autoliv, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on October 26, 2018, for the
quarterly period ended September 30, 2018, that the defendants'
motion to dismiss the antitrust lawsuit filed by the insurer who
opted out of the end-payor class settlement, has been granted in
part and denied in part.
The Company is subject to civil litigation alleging
anti-competitive conduct in the U.S. and Canada. Specifically, the
Company, several of its subsidiaries and its competitors were named
as defendants in a total of nineteen purported antitrust class
action lawsuits filed between June 2012 and June 2015. Fifteen of
these lawsuits were filed in the U.S. and were consolidated in the
Occupant Safety Systems (OSS) segment of the Automobile Parts
Antitrust Litigation, a Multi-District Litigation (MDL) proceeding
in the United States District Court for the Eastern District of
Michigan. Plaintiffs in the U.S. cases sought to represent four
purported classes - direct purchasers, auto dealers, end-payors,
and truck and equipment dealers who purchased in the U.S. occupant
safety systems or components directly from a defendant, indirectly
through purchases or leases of new vehicles containing such
systems, or through purchases of replacement parts.
In May 2014, the Company, without admitting any liability, entered
into separate settlement agreements with the direct purchasers,
auto dealers, end-payors plaintiff classes, which were granted
final approval by the MDL court in 2015 and 2016. The total
settlement amount of $65 million (later reduced to approximately
$60.5 million as a result of opt-outs from the direct purchaser
settlement) was expensed in 2014.
n April 2016, the Company entered into a settlement agreement with
the truck and equipment dealers' class, which was granted final
approval by the MDL court in 2016, for an amount that is immaterial
to the Company's results of operations. The class settlements do
not resolve any claims of settlement class members who opt-out of
the settlements or the unasserted claims of any purchasers of
occupant safety systems who are not otherwise included in a
settlement class, such as states and municipalities.
Two direct purchasers opted out of the Company's direct purchaser
class settlement and several individuals and one insurer (and its
affiliated entities) opted-out of the end-payor class settlements,
including the Company's settlement.
In September 2016, the insurer (and its affiliated entities) that
opted out of the end-payor class settlement filed an antitrust
lawsuit in the United States District Court for the Eastern
District of Michigan, the venue for the MDL, against the Company
and the other settling defendants in the end-payor class
settlements. The defendants' motion to dismiss the complaint on
various grounds was granted in part and denied in part in August
2018.
Autoliv said, "The Company understands that the insurer may attempt
to correct the pleading deficiencies identified in the Court's
decision. The Company cannot predict or estimate the duration or
ultimate outcome of this matter."
In March 2015, the Company, without admitting any liability,
reached agreements regarding additional settlements to resolve
certain direct purchasers' global (including U.S.) or non-U.S.
antitrust claims that were not covered by the direct purchaser
class settlement. The total amount of these additional settlements
was $81 million. Autoliv expensed during the first quarter of 2015
approximately $77 million as a result of these additional
settlements, net of existing amounts that had been accrued in
2014.
The remaining four antitrust class action lawsuits were filed in
Canada (Sheridan Chevrolet Cadillac Ltd. et al. v. Autoliv, Inc. et
al., filed in the Ontario Superior Court of Justice on January 18,
2013; M. Serge Asselin v. Autoliv, Inc. et al., filed in the
Superior Court of Quebec on March 14, 2013; Ewert v. Autoliv, Inc.
et al., filed in the Supreme Court of British Columbia on July 18,
2013; and Cindy Retallick and Jagjeet Singh Rajput v. Autoliv ASP,
Inc. et al., filed in the Queen's Bench of the Judicial Center of
Regina in the province of Saskatchewan on May 14, 2014) asserting
claims on behalf of putative classes of both direct and indirect
purchasers of occupant safety systems. In February 2017, the
Company entered into, and the courts subsequently approved, a
settlement agreement with plaintiffs in three of the four class
actions to settle on a nationwide class basis for an amount that is
not material to the Company's results of operations. Settlement
amounts were accrued for this matter during the period ended
December 31, 2016 and final payment of the accrued amounts was made
in 2017. This national settlement includes the claims of the
putative members of the fourth class action.
Autoliv, Inc., through its subsidiaries, develops, manufactures,
and supplies automotive safety systems to the automotive industry
worldwide. The company operates through two segments, Passive
Safety and Electronics. The company was founded in 1953 and is
headquartered in Stockholm, Sweden.
AXIS INSURANCE: Yadegar's Bid to Certify Nixed Due to Settlement
----------------------------------------------------------------
The Honorable Philip S. Gutierrez terminates the Plaintiff's motion
for class certification in the lawsuit captioned Yadegar, Minoofar
& Soleymani LLP v. Axis Insurance Company, et al., Case No.
2:17-cv-05830-PSG-AS (C.D. Cal.).
On October 15, 2018, the parties filed a notice of settlement,
informing the Court that they intend to stipulate to dismissal of
the claims in this case after the settlement terms have been
finalized, according to the Court's civil minutes. As part of that
notice, Plaintiff Yadegar, Minoofar & Soleymani LLP withdrew its
motion for class certification.
Accordingly, the Court terminates Plaintiff's motion for class
certification and the hearing set for October 22, 2018, was
vacated.[CC]
BANK OF AMERICA: Harrison Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Bank of America,
N.A., et al. The case is styled as Andrea Harrison an individual,
on behalf of herself and all others similarly situated, Plaintiff
v. Bank of America, N.A., a business entity, Does 1 through 10,
inclusive, Defendants, Case No. CGC18570911 (Cal. Super. Ct., San
Francisco Cty., Oct. 26, 2018).
The Bank of America Corporation is an American multinational
investment bank and financial services company based in Charlotte,
North Carolina with central hubs in New York City, London, Hong
Kong, and Toronto.[BN]
The Plaintiff is represented by:
David R. Markham, Esq.
The Markham Law Firm
750 B Street, Suite 1920
San Diego, CA 92101
Phone: +1 619 399 3995
Fax: +1 619 615 2067
BELFOR USA: Gomez Sues Over Unpaid Wages Under FLSA
----------------------------------------------------
Roberto Gomez, Luis Maldonado, Miriel Rodriguez and Orlando
Rodriguez, on behalf of themselves and others similarly situated v.
Belfor USA Group, Inc. dba Belfor South Florida, Statewide SAI,
Inc., dba Statewide Associates, Inc., Case No. 0:18-cv-62594 (S.D.
Fla., October 29, 2018), is brought against the Defendants for
violations of the Fair Labor Standards Act.
The class action is brought by the Plaintiffs for unpaid overtime,
minimum and regular wages pursuant to the FLSA. The Plaintiffs also
seek damages and reasonable attorney's fees, together with other
relief.
The Plaintiffs are Florida residents who worked for the Defendants
in or around Florida Keys.
The Defendant Belfor was contracted to provide mitigation and
restoration services in or around Florida Keys, including the
Florida Keys Community College campus.
The Defendant SAI was one of the subcontractors utilized by
Defendant Belfor to locate and secure manual, unskilled laborers.
[BN]
The Plaintiffs are represented by:
Gustavo A. Bravo, Esq.
Neil D. Kodsi, Esq.
BRAVO LAW
1555 Bonaventure Blvd., Suite 2007
Weston, FL 33326
Tel: (954) 790-6711
Fax: (954) 790-6722
E-mail: efile@lawbravo.com
gbravo@lawbravo.com
BLUE CROSS: Rosenberg Files Suit in M.D. Florida
------------------------------------------------
A class action lawsuit has been filed against Blue Cross and Blue
Shield of Florida, Inc. The case is styled as Heather Rosenberg
individually and on behalf of a class of similarly situated
persons, Plaintiff v. Blue Cross and Blue Shield of Florida, Inc.
doing business as: Florida Blue, Defendant, Case No.
8:18-cv-02648-VMC-SPF (M.D. Fla., Oct. 29, 2018).
Blue Cross and Blue Shield of Florida, Inc., doing business as
Florida Blue, provides managed health solutions in the United
States. It offers individual and family plans that include health,
dental, life, accident, critical illness, and hospital indemnity
plans; Medicare plans; and health plans and programs, dental plans
and programs, vision insurance, life insurance, disability
insurance, and voluntary coverage for businesses.[BN]
The Plaintiff is represented by:
Bruce S. Rosenberg, Esq.
Rosenberg Law, PA,
2385 NW Executive Center Dr., Suite 100
Boca Raton, FL 33431-8510
Phone: (561) 962-2736
Fax: (561) 962-2710
Email: rosenberg@rosenberglawpa.com
BLUEMERCURY INC: Figueroa Suit Asserts ADA Violation
----------------------------------------------------
A class action lawsuit has been filed against Bluemercury, Inc.
under the Americans with Disabilities Act. The case is styled as
Jose Figueroa on behalf of himself and all others similarly
situated, Plaintiff v. Bluemercury, Inc., Defendant, Case No.
1:18-cv-09979 (S.D. N.Y., Oct. 29, 2018).
Bluemercury, Inc. retails luxury beauty products. The company
offers makeup products for face, eyes, and lips; palettes and sets;
skincare products, including cleansers, moisturizers, treatments,
and other products; and bath shower, body scrub and exfoliator,
body moisturizer, hand wash and lotion, hair removal, deodorant,
dental care, mother and baby, and body treatment products.[BN]
The Plaintiff appears pro se.
BRIDGEPOINT EDUCATION: Fellow Files Suit in S.D. California
-----------------------------------------------------------
A class action lawsuit has been filed against Bridgepoint
Education, Inc. The case is styled as Ann Fellow individually, and
on behalf of all others similarly situated, Plaintiff v.
Bridgepoint Education, Inc., a Deleware corporation, Defendant,
Case No. 3:18-cv-02465-AJB-WVG (S.D. Cal., Oct. 26, 2018).
Bridgepoint Education, Inc., together with its subsidiaries,
provides postsecondary education services in the United States. Its
academic institutions, Ashford University and University of the
Rockies, offer associate's, bachelor's, master's, and doctoral
degree programs in the disciplines of business, education,
psychology, social sciences, and health sciences. The company
offers its programs primarily through online; and at its
campuses.[BN]
The Plaintiff is represented by:
Amanda Fay Benedict, Esq.
Law Office of Amanda Benedict
7710 Hazard Center Drive, Suite E104
San Diego, CA 92108
Phone: (760) 822-1911
Fax: (760) 452-7562
Email: amanda@amandabenedict.com
C.R. ENGLAND: Troy Howard Seeks to Certify Class & Subclass
-----------------------------------------------------------
In the class action lawsuit captioned Troy Howard, the Plaintiff,
v. C.R. England, the Defendants, Case No. 2:18-cv-00268-RJS-BCW (D.
Utah), the Plaintiff asks the Court to certify class and
Subclasses:
Class:
"individuals were subject to and the same training and training
time of which they were not paid for as well as the constructive
advertising schemes and recruiting schemes the company used to
recruit individuals under fraid, promissory fraud, breach of
warranty and under the RICO act and would all be owed the same
amount for hours worked under the Federal Minimum Wage";
Subclass 1:
"include individuals that worked for C.R. England and were
terminated or quit prior to the expiration of unlawful and
unenforceable non-compete clause and were unable to obtain lawful
employment with another trucking company and were subject to the
collection efforts by the company to recover the tuition note as
well as $2,500 in liquidated damages as their damages would include
the same damages as to the tuition note owed and the affect to
their credit score and their inability to obtain lawful employment
elsewhere with a trucking company for a 9 month period after the
termination of the contract for cause of action VIII for enforcing
a non-compete clause that was not legally valid under Utah law, for
misappropriation of employment funds.
Subclass 1a:
"include individuals that the company terminated for cause due
to how an individual operated a vehicle or on their work
performance related to operating a vehicle or maintaining and
logging with the vehicle due to a negligent and or reckless act and
not from intervening actions such as drugs, alcohol, etc.";
Subclass 2:
"include all individuals that worked for the company up to the
same amount of time Mr. Howard was terminated with the company,
even if they worked past that time and did not receive the wages
they obtained after schooling of what was promised in the
company's advertising for withholding of wages and breach of
contract and warranty."[CC]
Attorneys for Mr. Howard:
Brian K. Jackson, Esq.
Brian K. Jackson, LLC
341 South Main Street, Suite 500
Salt Lake City, UT 84111
Telephone (801) 441-8922
Facsimile: (801) 534-1948
E-mail: brianj@bjacksonlaw.com
CALIFORNIA: Anne Johnson Files Class Suit v. State Court
--------------------------------------------------------
A class action lawsuit has been filed against Judicial Council of
California, et al. The case is styled as Anne Johnson individually
and on behalf of all those similarly situated, Plaintiff v.
California Administrative Office of Courts, Does 1-10, Judicial
Council of California, Superior Court of California, Superior Court
of California, County of San Francisco a/k/a Superior Court of
California, city and county of San Francisco, Defendants, Case No.
CGC18570934 (Cal. Super. Ct., San Francisco Cty., Oct. 29, 2018).
The Judicial Council of California is the policymaking body for
California's judicial branch, the largest court system in the
United States. The 28-member body is responsible for improving the
statewide administration of justice in the California courts.[BN]
The Plaintiff is represented by:
John C. Brown, Esq.
CELADON GROUP: Investors Agree to Settle Class Suit For $5.5MM
--------------------------------------------------------------
Indianapolis Business Journal reports that a group of Celadon Group
Inc. investors has agreed to settle its class-action lawsuit
against the Indianapolis-based trucking company for $5.5 million,
saying the recovery might be the best it can hope for considering
the firm's "uncertain" financial future.
The settlement, which is awaiting approval from a New York federal
judge, would resolve suits brought by several parties over
financial-reporting issues that have plagued Celadon for at least
four years.
If approved, Celadon's insurer would pay $5.5 million in cash into
a settlement fund that would be distributed to a class of investors
that acquired Celadon stock between Oct. 29, 2013, and April 13,
2018.
According to court papers filed earlier this month, lead plaintiffs
Greater Pennsylvania Carpenters’ Pension Fund and Arkansas
Teacher Retirement System agreed to the settlement on behalf of
themselves and the other members of the settlement class.
The plaintiffs said the settlement was "the best option" available
and would provide "a meaningful recovery." They also expressed
concern that taking the trucking company to trial would deplete any
funds Celadon has "available to pay a significant judgment."
In fact, the plaintiffs said, "there appears to be significant risk
that the company will go bankrupt."
In an email, Thom Albrecht, Celadon's chief financial officer and
chief strategy officer, said "Celadon continues to tackle problems
and resolve issues from its past." He declined further comment.
The trucking firm was first sued in early 2017 by investor Denis
Chavez, who alleged the firm was misleading shareholders about its
financial status and covering up a U.S. Securities and Exchange
Commission investigation into the company.
The defendants named in the suit include Celadon and two now-former
executives: CEO and President Paul Will and Chief Financial Officer
Bobby Peavler.
The Chavez suit eventually was consolidated with several other
lawsuits as part of a class action.
In May 2017, Celadon revealed that its auditor, BKD LLP, had raised
questions about a complicated joint-venture arrangement that
involved the sale of leased equipment. As a result, the company
said at the time, its last 18 months of financial statements should
not be relied upon. Celadon’s board hired outside firms to review
the statements.
After an internal probe and an executive-suite housecleaning,
Celadon officials admitted in April that their financial-reporting
issues were much older and deeper than they realized. The firm said
the problems are so extensive that it wouldn't be able to resolve
them in time to avoid being delisted from the New York Stock
Exchange.
It also said it likely overstated some of its earnings by as much
as $250 million during a three-year period that ended in 2016.
The company now sells shares on the over-the-counter exchange.
Share traded on October12 morning at $2.62 each, down from the
mid-20s in 2015.
The firm admitted it was under a federal investigation earlier this
year. [GN]
CHARTER NEX: Miller Suit Alleges FLSA Violations
------------------------------------------------
Brandon Miller, on behalf of himself and those similarly situated
v. Charter Nex Films - Delaware, OH, Inc., Charter Nex Films, Inc.
and Charter Nex Holdings Company, Case No. 1:18-cv-01719 (S.D.
Ohio, October 30, 2018), is brought against the Defendants for
failure to pay employees overtime wages under the Fair Labor
Standards Act, the Ohio Minimum Fair Wage Standards Act and the
Ohio Prompt Pay Act.
The Plaintiff alleges that during his employment with Defendants,
the Plaintiff and other similarly situated employees were not fully
and properly paid for all of their compensable hours worked because
Defendants did not properly calculate their regular rate of pay for
the purposes of meeting the minimum requirements set forth in the
FLSA, resulting in unpaid overtime wages.
The Plaintiff worked as a machine operator and packer for the
Defendants, beginning in or around April of 2017 through September
of 2018.
The Defendants have their principal place of business or they
otherwise conducted substantial business in the Southern District
of Ohio. [BN]
The Plaintiff is represented by:
Matthew J.P. Coffman, Esq.
COFFMAN LEGAL, LLC
1550 Old Henderson Road Suite 126
Columbus, OH 43220
Tel: (614) 949-1181
Fax: (614) 386-9964
E-mail: mcoffman@mcoffmanlegal.com
CHINA ZENIX: Faces He Securities Class Action in N.J.
------------------------------------------------------
Zhengyu He, individually and on behalf of all others similarly
situated v. China Zenix Auto International Limited, Jianhui Lai,
and Martin Cheung, Case No. 2:18-cv-15530 (D. N.J., October 31,
2018), seeks to recover compensable damages caused by the
Defendants' violations of the federal securities laws under the
Securities Exchange Act of 1934.
This is a class action on behalf of persons or entities who
purchased or otherwise acquired publicly traded China Zenix
securities from October 2, 2015 through June 14, 2018, inclusive.
The Plaintiff alleges that the Defendants released materially false
and misleading statements during the class period.
The Plaintiff purchased China Zenix securities during the class
period.
The Defendant China Zenix designs, manufactures, and sells
commercial vehicle wheels to aftermarket and original equipment
manufacturers in the People's Republic of China and
internationally. It offers tubed steel wheels, tubeless steel
wheels, off-road steel wheels, aluminum wheels, and wheel
components such as wheel discs. The Company was founded in 2006 and
is based in Zhangzhou, China.
The Individual Defendants are officers of China Zenix. [BN]
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
609 W. South Orange Avenue, Suite 2P
South Orange, NJ 07079
Tel: (973) 313-1887
Fax: (973) 833-0399
E-mail: lrosen@rosenlegal.com
CMS OCOEE: Vernotzy Files Suit in M.D. Florida
----------------------------------------------
CMS Ocoee, LLC is facing a class action lawsuit in Florida. The
case is styled as Cody Vernotzy individually and on behalf of all
others similarly situated, Plaintiff v. CMS Ocoee, LLC doing
business as: Couture Med Spa, a Florida Limited Liability Company,
Defendant, Case No. 6:18-cv-01819 (M.D. Fla., Oct. 26, 2018).
Couture Med Spa offers services in the medical aesthetics
industry.[BN]
The Plaintiff appears pro se.
COCRYSTAL PHARMA: Howard G. Smith Files Securities Fraud Lawsuit
----------------------------------------------------------------
Law Offices of Howard G. Smith disclosed that a class action
lawsuit has been filed on behalf of investors that purchased
Cocrystal Pharma, Inc. ("Cocrystal" or the "Company") (NASDAQ:
COCP) securities between September 23, 2013 and September 7, 2018,
inclusive (the "Class Period"). Cocrystal investors have until
November 19, 2018 to file a lead plaintiff motion.
Investors that suffered losses on their Cocrystal investments are
encouraged to contact the Law Offices of Howard G. Smith to discuss
their legal rights in this class action at 888-638-4847 or by email
to howardsmith@howardsmithlaw.com.
On or around March 12, 2018, BioZone Pharmaceuticals, Inc. changed
its name to Cocrystal Pharma, Inc. And, on September 7, 2018, the
U.S. Securities and Exchange Commission ("SEC") filed a lawsuit
against former officers of BioZone as well as other individuals and
corporations, alleging violations of the federal securities laws.
The SEC complaint alleges that defendants were participants in
"highly profitable 'pump-and-dump' schemes . . . from 2013 through
2018" in the stock of three public companies, including BioZone,
that, "while enriching Defendants by millions of dollars, left
retail investors holding virtually worthless shares." On this news,
Cocrystal's share price fell more than 14%, to close at $3.20 on
September 7, 2018, thereby injuring investors.
The Complaint alleges that throughout the Class Period, Defendants
made materially false and/or misleading statements and/or failed to
disclose that: (1) defendants were engaged in a pump-and-dump
scheme to artificially inflate Cocrystal's stock price; (2) this
illicit scheme would result in governmental scrutiny, including
from the SEC; (3) defendants failed to abide by SEC disclosure
regulations; and (4) as a result, defendants' statements about
Cocrystal's business, operations and prospects were materially
false and misleading and/or lacked a reasonable basis at all
relevant times. When the true details entered the market, the
lawsuit claims that investors suffered damages.
If you purchased shares of Cocrystal during the Class Period, have
information or would like to learn more about these claims, or have
any questions concerning this announcement or your rights or
interests with respect to these matters please;
Howard G. Smith, Esq.
Law Offices of Howard G. Smith
Telephone: 215-638-4847
888-638-4847
Email: howardsmith@howardsmithlaw.com [GN]
CONSUEGRA & DUFFY: Faces Florida Suit Filed Under FDCPA
-------------------------------------------------------
A class action lawsuit has been filed against Consuegra & Duffy,
P.L.L.C. The case is styled as Myiah Shows individually and on
behalf of all others similarly situated, Plaintiff v. Consuegra &
Duffy, P.L.L.C. doing business as: Law Offices of Daniel C.
Consuegra, P.L. a Florida Professional Limited Liability Company,
Daniel C. Consuegra an individual, Amanda R. Duffy an individual,
Chad W. Howard an individual, Joshua D. Moore an individual,
Defendants, Case No. 8:18-cv-02633-CEH-CPT (M.D. Fla., Oct. 26,
2018).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
The Law Offices of Daniel C. Consuegra is a Tampa, Florida Law Firm
specializing in Bankruptcy Law.[BN]
The Plaintiff is represented by:
Ian Richard Leavengood, Esq.
LeavenLaw
Northeast Professional Center
3900 1st St N Ste 100
St Petersburg, FL 33703-6109
Phone: (727) 327-3328
Fax: (727) 327-3305
Email: ileavengood@leavenlaw.com
CREDIT MANAGEMENT: Dixon Files Suit Over Debt Collection Practices
------------------------------------------------------------------
A class action lawsuit has been filed against Credit Management,
L.P., et al. The case is styled as Jennifer Dixon on behalf of
herself and all others similarly situated, Plaintiff v. Credit
Management, L.P., John Does 1-25, Defendants, Case No.
2:18-cv-04642-NIQA (E.D. Penn., Oct. 29, 2018).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Credit Management, LP, doing business as The CMI Group, operates as
a receivables management company. It provides debt recovery and
collection, and call center services to cable television, medical,
and commercial industries in the United States and Puerto
Rico.[BN]
The Plaintiff is represented by:
Robert P. Cocco, Esq.
LAW OFFICES OF ROBERT P. COCCO PC
1500 Walnut St., Ste. 900
Philadelphia, PA 19102
Phone: (215) 351-0200
Fax: (215) 922-3874
Email: rcocco@rcn.com
CUYANA INC: Wrongfully Record Telephone Calls, Epps Suit Alleges
----------------------------------------------------------------
JALEN EPPS, individually and on behalf of all others similarly
situated, Plaintiff v. CUYANA, INC.; and DOES 1-10, inclusive,
Defendants, Case No. 18STCV00366 (Cal. Super., Los Angeles Cty.,
Oct. 11, 2018) alleges that the Defendants unlawfully recorded
telephone conversation without the Plaintiff's consent.
Cuyana, Inc. operates an online platform that offers materials and
accessories from skilled craftsmen worldwide. It also offers its
products through its pop-up shop in Chicago. The company was
incorporated in 2011 and is based in San Francisco, California.
[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
Tel: (949) 706-6464
Fax: (949) 706-6469
E-mail: sferrell@pacifictrialattomeys.com
dreid@pacifictrialattomeys.com
vknowles@pacifictrialattorneys.com
EDWARD JONES: Faces Lawsuit For Allegedly Gouging Clients
---------------------------------------------------------
Leif M. Wright, writing for Muskogee Now, reports that Edward
Jones, a brokerage company that boasts six Muskogee locations, is
facing a multimillion dollar class action lawsuit for allegedly
gouging customers by suggesting investment products that benefit
the company, rather than the clients.
The suit, filed in April, alleges that investors were charged
unnecessary fees in a "reverse churning" operation. The alleged
scheme moved mostly dormant accounts into a fee-based system, where
a commission-based model would have better served the clients, the
suit alleges. The fee-based programs were proprietary products that
the plaintiffs allege concealed the fact that they benefitted the
brokerage more than commission-based programs.
The plaintiffs, who describe themselves as "unsophisticated
investors," are bringing the case on behalf of a class of Edward
Jones clients who saw their commission-based accounts migrate to a
fee-based model from March 2013 through March 2018.
The plaintiffs allege the practice propelled a 36 percent increase
in the firm’s "asset-based fee revenue due to the increased
investment of client assets into advisory programs", including
$17.2 billion in fees. The firm earned record amounts of money in
the five years of the class period.
Edward Jones has acknowledged the suit and said it will "vigorously
defend" against it. [GN]
EMPIRE EDUCATION: Pettis Sues Over TCPA Breach
----------------------------------------------
A class action lawsuit has been filed against Empire Education
Group, Inc. under the Telephone Consumer Protection Act. The case
is styled as Patricia Pettis individually and on behalf of all
other persons similarly situated, Plaintiff v. Empire Education
Group, Inc. doing business as: Empire Beauty School, Defendant,
Case No. 1:18-cv-04940-TWT (N.D. Ga., Oct. 26, 2018).
Empire Education Group, Inc. provides cosmetology education in
North America with 88 schools in 18 states educating around 20,000
students per year.[BN]
The Plaintiff is represented by:
Henry Abel Turner, Esq.
Henry A. Turner, Attorney at Law
403 W. Ponce de Leon Avenue, Suite 207
Decatur, GA 30030
Phone: (404) 261-7787
Email: haturner@prodigy.net
ETTAIN GROUP: Lui Suit Seeks to Recover Unpaid Overtime
-------------------------------------------------------
Henry Lui, II, individually and on behalf of others similarly
situated v. Ettain Group, Community Health Systems, Inc. and
CHSPSC, LLC dba Community Health Systems, Case No. 3:18-cv-01218
(M.D. Tenn., October 30, 2018), seeks monetary relief in the form
of unpaid overtime compensation and liquidated damages under the
Fair Labor Standards Act.
This is an individual and collective action complaint brought to
obtain monetary relief on behalf of the named Plaintiff and those
similarly situated who performed work for either of the Defendants
for the three year period preceding the filing of this complaint,
or were misclassified as independent contractors but were actually
"employees" of either or both defendants under the FLSA and were
denied payment for all hours worked and overtime pay required by
the FLSA, says the complaint.
The Plaintiff Henry Lui, II is a Tennessee resident and worked as a
project coordinator for Defendants during the past three years and,
was an employee of Ettain Group and was classified as an
independent contractor of Defendant CHS.
The Defendants CHS are corporations whose business consists of
operating hospitals and other medical facilities throughout the
United States, using a centralized network of corporate control,
communication, and management to oversee the operation of the
hospitals, including but not limited to computer software
installation at hospitals and/or other medical facilities operated
by CHS and integrating Collective Group members into that existing
network of operations. CHS regularly contracts with other
companies, including but not limited to Defendant Ettain Group, to
provide employees to perform various IT related services for the
benefit of CHS and the hospitals it oversees and operates
throughout the United States. [BN]
The Plaintiff is represented by:
Emily S. Alcorn, Esq.
GILBERT McWHERTER
SCOTT BOBBITT PLC
341 Cool Springs Blvd, Suite 230
Franklin, TN 37067
Tel: (615) 354-1144
E-mail: ealcorn@gilbertfirm.com
FACEBOOK INC: King et al. Sue over Massive Data Security Breach
---------------------------------------------------------------
REBECCA A. KING; DOMINIQUE MARTIN; RUBIN K. JOHNSON; and ROBERT E.
NEWBORN, individually and on behalf of all others similarly
situated, Plaintiffs v. FACEBOOK, INC., Defendant, Case No.
3:18-cv-06246-TSH (N.D. Cal., Oct. 11, 2018) is an action against
the Defendant for failure to maintain adequate security measures to
Facebook Users resulting in a massive data security breach.
According to the complaint, Facebook recently revealed that its
Users' personal information was subject to a massive data security
breach in September 2018, affecting approximately 50 million
Facebook Users' personal information. Facebook publicly exposed
details of the September 2018 Data Breach for the first time in a
statement on September 28, 2018. According to the statement and
subsequent press call, Facebook learned of the breach as early as
September 16, 2018, but has not yet directly informed or notified
Facebook Users that their personal information may be compromised
as a result of the breach. Rather, Facebook states that it began
"logging users out" on the evening of September 27, 2018, but did
not provide Users with any reason for being logged out.
The statement further admitted that "attackers exploited a
vulnerability in Facebook's code that impacted "View As" a feature
that lets people see what their own profile looks like to someone
else. This allowed them to steal Facebook access tokens which they
could then use to take over people's accounts. Access tokens are
the equivalent of digital keys that keep people logged in to
Facebook so they don't need to re-enter their password every time
they use the app." The vulnerability in Facebook's code was
introduced in July 2017, and Facebook is currently unaware of how
long hackers have had access since that time.
The Plaintiffs are represented by:
Ivy Ngo, Esq.
FRANKLIN D. AZAR & ASSOCIATES
14426 East Evans Ave
Aurora, CO 80014
Telephone: (303) 757-3300
Facsimile: (720) 213-5131
E-mail: ngoi@fdazar.com
FACEBOOK INC: Meneses Suit Asserts Personal Injury
--------------------------------------------------
Angeles Meneses has filed a class action lawsuit against Facebook,
Inc. for Personal Injury. The case is styled as Angeles Meneses
individually and on behalf of others similarly situated, Plaintiff
v. Facebook, Inc., Defendant, Case No. 3:18-cv-06583 (N.D. Cal.,
Oct. 29, 2018).
Facebook, Inc. provides various products to connect and share
through mobile devices, personal computers, and other surfaces
worldwide.[BN]
The Plaintiff appears pro se.
FIORELLA INSURANCE: Boriskin Suit Alleges TCPA Violation
--------------------------------------------------------
Elizabeth Boriskin, individually and on behalf of all others
similarly situated v. Fiorella Insurance Agency Inc., Case No.
9:18-cv-81496 (S.D. Fla., November 1, 2018), is brought against the
Defendants for violations of the Telephone Consumer Protection
Act.
The Plaintiff alleges that the Defendant caused thousands of
unsolicited text messages to be sent to the cellular telephones of
Plaintiff and Class Members, causing them injuries, including
invasion of their privacy, aggravation, annoyance, intrusion on
seclusion, trespass, and conversion.
The Plaintiff is a resident of Palm Beach County, Florida.
The Defendant is an insurance agency with principal address at 2300
SE Monterey Road, Suite 200, Stuart, FL 34996. [BN]
The Plaintiff is represented by:
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Blvd., Ste 1400
Ft. Lauderdale, FL 33301
Tel: (954) 400-4713
E-mail: mhiraldo@hiraldolaw.com
- and -
Michael Eisenband, Esq.
EISENBAND LAW, P.A.
515 E. Las Olas Blvd., Ste 120
Ft. Lauderdale, FL 33301
Tel: (954) 533-4092
E-mail: MEisenband@Eisenbandlaw.com
FORD MOTOR: Appeals Decision in Schneider Suit to Ninth Circuit
---------------------------------------------------------------
Defendant Ford Motor Company filed an appeal from a court ruling in
the lawsuit styled Steven Schneider v. Ford Motor Company, Case No.
2:18-cv-00367-RGK-AS, in the U.S. District Court for the Central
District of California, Los Angeles.
The appellate case is captioned as Steven Schneider v. Ford Motor
Company, Case No. 18-56347, in the United States Court of Appeals
for the Ninth Circuit.
As previously reported in the Class Action Reporter, Ford filed an
appeal from a court ruling in the lawsuit. That appellate case is
styled as Steven Schneider v. Ford Motor Company, Case No.
18-80052.
As previously reported in the Class Action Reporter, the Defendant
removed the lawsuit from the Superior Court of the State of
California, County of San Luis Obispo, (Case No. 17CV-0665) to
District Court.
Ford Motor Company, together with its subsidiaries, designs,
manufactures, markets, and services automobiles in North America,
South America, Europe, the Middle East and Africa, and the Asia
Pacific. The Company was founded in 1903 and is based in Dearborn,
Michigan.[BN]
Plaintiff-Appellee STEVEN SCHNEIDER, individually and on behalf of
all others similarly situated, is represented by:
Joshua Charles Anaya, Esq.
Trenton R. Kashima, Esq.
Jeffrey R. Krinsk, Esq.
FINKELSTEIN & KRINSK LLP
550 West C Street, Suite 1760
San Diego, CA 92101
Telephone: (619) 238-1333
E-mail: jca@classactionlaw.com
trk@classactionlaw.com
jrk@classactionlaw.com
Defendant-Appellant FORD MOTOR COMPANY, a Delaware corporation
James Clayton, Esq.
HOGAN LOVELLS US LLP
1601 Wewatta Street
Denver, CO 80202
Telephone: (303) 454-2481
E-mail: clay.james@hoganlovells.com
- and -
Kirti Datla, Esq.
Jessica Lynn Ellsworth, Esq.
HOGAN LOVELLS US LLP
555 Thirteenth Street, NW
Washington, DC 20004
Telephone: (202) 637-5600
E-mail: jessica.ellsworth@hoganlovells.com
- and -
Laura Groen, Esq.
HOGAN LOVELLS US LLP
1999 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067
Telephone: (310) 785-4600
E-mail: laura.groen@hoganlovells.com
FRENZ & ZORBALAS: To Pay $18.5MM to Settle Tenants' Lawsuit
-----------------------------------------------------------
Randy Furst, writing for Star Tribune, reports that two Minneapolis
landlords who lost their rental licenses last year for committing
massive fraud have agreed to pay out $18.5 million to settle a
class-action lawsuit filed against them by their tenants.
The settlement, which was filed on October 12 and must still be
approved by Hennepin County Judge Mary Vasaly, covers 5,400 tenants
from 2012 to today, many of them low-income and members of minority
groups. It is the largest payout of its kind in Minnesota history.
It will net tenants up to $10,000 each, though the average will be
about $2,200 to be based on how long they rented from landlords
Stephen Frenz and Spiros Zorbalas and the amount they paid. Tenants
can opt out and pursue separate legal claims.
The tenants will receive $12 million and the remaining $6.5
million, if approved by Vasaly, will go to the Faegre Baker Daniels
law firm, which brought the suit, and to an administrator to be
appointed to disburse funds to tenants.
"If approved it will be the largest aggregate settlement in a
tenant related class action case in Minnesota history," said Larry
McDonough, Esq. -- mcdonough.lawrence@dorsey.com -- a housing
attorney for 35 years, who heads pro bono work for Dorsey & Whitney
law firm. He was not involved in the suit.
"Class action cases for tenants are exceedingly rare, because
individual claims are mostly quite a bit different," he said. "The
unifying factor here was the improper licensing for a lot of
tenants over a long period of time."
William Mohrman, Esq. -- mohrman@mklaw.com -- an attorney for Frenz
and Zorbalas, declined to comment.
Michael Cockson, Esq. -- michael.cockson@FaegreBD.com -- the
plaintiffs' lead attorney on the case that was certified in 2017,
said he was happy with the settlement and looking forward "to
working with the court as the process continues."
Frenz and Zorbalas were also accused in the lawsuit of substandard
conditions, including vermin infestations and heat and plumbing
problems.
Disputes over conditions in the Frenz and Zorbalas apartment
buildings stretch back for close to a decade.
Zorbalas was stripped of his licenses for more than 60 apartment
buildings by the Minneapolis City Council in 2011 for repeated
violations and prohibited from renting in the city for five years.
Frenz purchased Zorbalas' properties in 2012, promised to upgrade
them, and was hailed as a savior by city officials. However, within
months, tenants were complaining about conditions in the
buildings.
Inquilinxs Unidxs Por Justicia (United Renters for Justice), a
tenants rights group, found itself in a fight with Frenz over
bedbugs, rats and a lack of heat in an apartment building in south
Minneapolis during a bitter cold spell in January 2016.
The Faegre law firm took up the case pro bono in what looked to be
a minor suit in housing court.
Frenz tried to get the case thrown out by submitting an affidavit
and leases showing that the majority of tenants had not joined the
suit. The Faegre attorneys discovered the leases were phony.
Then the Faegre lawyers discovered Zorbalas still had a majority
financial interest in Frenz's apartments and that the two men
continued to operate the buildings together. It led the city to
revoke Frenz's rental licenses last December.
Several former tenants hailed the October 12 settlement.
"I think it's fantastic for many people who lived there because the
conditions in the building as a whole were bad," said Cottrell
Doss, 38.
"This victory isn't about the money, it is about justice," said
Edain Altamirano, 28, in a statement. "And this settlement is a
step toward the justice we want to see. Tenants will continue to
organize to hold landlords accountable and get what they deserve."
[GN]
GIVAM INC: Abreu De Sardinas Files Suit Over FLSA Violation
------------------------------------------------------------
Maria Victoria Abreu De Sardinas, and other similarly-situated
individuals, Plaintiff, v. Givam Inc. d/b/a Latin Cafeteria
Restaurant, Joel Gonzalez, individually Defendants, Case No.
1:18-cv-24500-PCH (S.D. Fla., October 27, 2018) is brought as a
collective action to recover from Defendants regular hours pay,
overtime compensation, liquidated damages, and costs and reasonable
attorney's fees under the provisions of Fair Labor Standards Act.
The complaint says the Plaintiff was not paid overtime and minimum
wages as established by the Fair Labor Standards Act. The Plaintiff
worked more than 40 hours weekly, but she was not appropriately
compensated for all her overtime hours.
The Plaintiff is a resident of Miami, Florida.
Givam Inc., d/b/a Latin Cafeteria Restaurant is a Florida
corporation, having a place of business in Miami, Florida.
Joel Gonzalez is the owner/partner and manager of LATIN RESTAURANT,
INC.[BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Phone: (305) 446-1500
Facsimile: (305) 446-1502
Email: zep@thepalmalawgroup.com
GOLDEN GOOSE: Faces Fischler Suit Asserting ADA Violation
---------------------------------------------------------
Brian Fischler has filed a class action lawsuit against Golden
Goose USA, Inc. The case is styled as Brian Fischler individually
and on behalf of all other persons similarly situated, Plaintiff v.
Golden Goose USA, Inc., Defendant, Case No. 1:18-cv-09932 (S.D.
N.Y., Oct. 28, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Golden Goose USA, Inc. manufactures apparel. The Company offers
apparel and shoes for men, women, and children. Golden Goose serves
customers worldwide.[BN]
The Plaintiff is represented by:
Christopher Howard Lowe, Esq.
Lipsky Lowe LLP
630 Third Avenue
New York, NY 10017-6705
Phone: (212) 392-4772
Fax: (212) 444-1030
Email: chris@lipskylowe.com
GRAND CANYON EDUCATION: Made Unsolicited Calls, Ann Fellows Claims
------------------------------------------------------------------
ANN FELLOWS, individually, and on behalf of all others similarly
situated, Plaintiff v. GRAND CANYON EDUCATION, INC., Defendant,
Case No. 1:18-cv-00314 (W.D. Pa., Oct. 11, 2018) seeks to stop the
Defendants' practice of making unsolicited calls. The case is
assigned to Judge Susan Paradise Baxter.
Grand Canyon Education, Inc. provides online post secondary
education services. The Company offers graduate and undergraduate
degree programs in disciplines of education, business, and
healthcare. [BN]
The Plaintiff is represented by:
Ronald Conway, Esq.
CONWAY LAW FIRM, LLC
100 First Avenue, Suite 800
Pittsburgh, PA 15222
Telephone: (412) 281-6911
Facsimile: (412) 281-6925
E-mail: rtc@conwaylawoffices.com
- and -
Stefan Coleman, Esq.
LAW OFFICES OF TEFAN COLEMAN, P.A.
1072 Madison Ave. #1
Lakewood, NJ 08701
Telephone: (877) 333-9427
Facsimile: (888) 498-8946
E-mail: law@stefancoleman.com
- and -
Avi R. Kaufman, Esq.
KAUFMAN P.A.
400 NW 26 th Street
Miami, FL 33127
Telephone: (305) 469-5881
E-mail: kaufman@kaufmanpa.com
GREATS BRAND: Violates Disabilities Act, Fischler Suit Asserts
--------------------------------------------------------------
A class action lawsuit asserting an Americans with Disabilities Act
violation has been filed against Greats Brand Inc.
The case is styled as Brian Fischler individually and on behalf of
all other persons similarly situated, Plaintiff v. Greats Brand
Inc., Defendant, Case No. 1:18-cv-06024 (E.D. N.Y., Oct. 28,
2018).
Greats Brand, LLC, doing business as GREATS, operates an online
men's footwear store. The company was founded in 2013 and is based
in Brooklyn, New York.[BN]
The Plaintiff is represented by:
Douglas Brian Lipsky, Esq.
Lipsky Lowe LLP
630 Third Avenue
Fifth Floor
New York, NY 10017
Phone: (212) 392-4772
Fax: (212) 444-1030
Email: doug@lipskylowe.com
HARI MARI: Fischler Sues Over ADA Breach
----------------------------------------
Hari Mari, LLC is facing a class action lawsuit in New York. The
case is styled as Brian Fischler, individually and on behalf of all
other persons similarly situated, Plaintiff v. Hari Mari, LLC,
Defendant, Case No. 1:18-cv-05994 (E.D. N.Y., Oct. 26, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Hari Mari, LLC manufactures footwear for guys and girls. The
company also offers short and long sleeve tees. Its products are
available online, and through a network of retailers in the United
States. The company was incorporated in 2012 and is based in
Dallas, Texas.[BN]
The Plaintiff is represented by:
Christopher Howard Lowe, Esq.
Lipsky Lowe LLP
630 Third Avenue
New York, NY 10017-6705
Phone: (212) 392-4772
Fax: (212) 444-1030
Email: chris@lipskylowe.com
HARRAH'S NC: Fourth Circuit Appeal Filed in Humble FLSA Suit
------------------------------------------------------------
Plaintiffs Charlotte Humble, et al., filed an appeal from a court
ruling in their lawsuit captioned CHARLOTTE HUMBLE, et al. v.
HARRAH'S NC CASINO COMPANY, LLC, Case No. 1:17-cv-00262-MR-DLH, in
the U.S. District Court for the Western District of North Carolina
at Asheville.
As previously reported in the Class Action Reporter, the lawsuit
seeks monetary damages and other equitable and ancillary relief for
abuse of federal and state wage and hour laws pursuant to the Fair
Labor Standards Act of 1938, North Carolina Wage Act and North
Carolina common law.
The Plaintiffs worked as table games dealers at the Valley River
and Cherokee Resort casinos operated by Harrah's NC Casino Company.
They claim to have rendered uncompensated pre-shift work.
The appellate case is captioned as CHARLOTTE HUMBLE, individually
and on behalf of all others similarly situated; SHARON ISACKSON,
individually and on behalf of all others similarly situated; JUSTIN
HUMBLE, individually and on behalf of all others similarly
situated; TREVOR SIMMONS, individually and on behalf of all others
similarly situated; MARGARET HOOVER, individually and on behalf of
all others similarly situated; BELINDA KING, individually and on
behalf of all others similarly situated, and; JENNIFER SPAYTH
BROWNING, individually and on behalf of all others similarly
situated, Plaintiffs-Appellants v. HARRAH'S NC CASINO COMPANY, LLC,
d/b/a Harrah's, d/b/a Harrah's Cherokee Valley River Casino, d/b/a
Harrah's Cherokee Casino Resort, Defendant-Appellee, Case No.
18-2208, in the United States Court of Appeals for the Fourth
Circuit.[BN]
HOMEADVISOR INC: Motion for Preliminary Injunction Filed in Lawsuit
-------------------------------------------------------------------
On October 11, in a lawsuit begun in July, 2018 in the federal
district court in Denver against HomeAdvisor, Inc. ("HomeAdvisor"),
IAC/InterActiveCorp ("IAC"), and ANGI Homeservices Inc. ("ANGI"),
Chimicles & Tikellis LLP filed a Motion for Preliminary Injunction
and Declaratory Judgment ("Motion") against HomeAdvisor. The name
of the lawsuit is Costello et al., v. HomeAdvisor, Inc. et al.,
Case No. 1:18-cv-01802-WJM (D. Colo.).
The Motion seeks to halt HomeAdvisor's continued use of the
identities of its former Home Service Professionals ("Former HSPs")
and the maintenance of their Online Profile Pages on HomeAdvisor's
website. The Motion cites to the uniform experiences of not only
the named Plaintiffs in the suit but also the reported experiences
of more than a dozen other Former HSPs whose company names and
Online Profile Pages continue to be used by Home Advisor after the
Former HSPs terminated their relationship with Home Advisor as
evidenced by the fact that only 202,000 (of the 390,000) Online
Profile Pages are for current HSPs. The Motion asserts that
HomeAdvisor's exploitation of the Former HSPs is a cornerstone of
its business and that HomeAdvisor uses the following strategies,
which are alleged to be misleading, for the purpose of intercepting
and/or redirecting potential business opportunities from the Former
HSPs to convert them to purported job leads that are sold to
current HSPs:
The Online Profile Pages use a "Get a Quote" button, which it is
alleged misleads prospective customers into believing that they are
submitting a request for a quote directly to the Former HSP, when
they are not;There is an "alert" put on Former HSPs Online Profile
Pages, stating that, "This business is not a screened and approved
member of HA," which is alleged to be misleading the public about
the Former HSPs and confusing and causing the prospective customer
to alter its course with the Former HSP; andURLs reflecting the
name of Former HSPs, are retained by HomeAdvisor, and are
associated with webpages that state that the "page you are looking
for is no longer available," which, it is alleged, is done so as to
redirect away prospective customers who are affirmatively searching
to hire the Former HSPs.
The Motion contends that the alleged conduct violates federal law
against false advertising and state statutes that protect persons
like Former HSPs from unfair competition and deceptive business
practices. A copy of the Motion is available at www.chimicles.com.
If you are or were a HomeAdvisor HSP and are interested in
discussing your legal rights, and/or you have information relating
to this Motion, please contact Plaintiffs' counsel.
Nicholas E. Chimicles, Esq.
Kimberly Donaldson Smith, Esq.
Scott M. Tucker, Esq.
Stephanie E. Saunders, Esq.
CHIMICLES & TIKELLIS LLP
One Haverford Centre
361 West Lancaster Avenue Haverford,
PA 19041
Telephone: (610) 642-8500
Toll Free: (866) 399-2487
Fax: (610) 649-3633
Email: Nick@chimicles.com
KimDonaldsonSmith@chimicles.com
ScottTucker@chimicles.com
SES@chimicles.com [GN]
HONEYWELL CORP: Class-Action Lawsuit Expands, More People Sign Up
-----------------------------------------------------------------
Leah Shields and Michael Bradford, writing for WPSD Local 6, report
that contamination, property damage, and medical problems: lawyers
representing a class-action lawsuit claim Honeywell Corporation
Inc. in Metropolis, Illinois, did all that and more to hundreds of
people.
A trial date has been set for February 17, 2020. More people are
claiming damages months after the lawsuit was filed. Lawyers for
the plaintiffs say they have more than 500 people signed up for the
suit.
The stories that are being told about this plant seem like science
fiction.
"The first year we were there, they came and knocked on our door.
It was December at like 1 o'clock in the morning," Lynn Chrisman
said. She and her husband live down the road from the plant. "They
had told us there had been a release; for us to turn off our air
conditioning, our heating, our HVAC; not to open any windows; not
to go outside."
Her husband has lived near the plant all his life. Chrisman has
since 2003. She says they would see plumes of gas above the plant.
"It would burn your lungs, burn your throat," she described. It's
odd, but many more people say they went through the same thing.
About 50 people showed up at the town hall. Most of them are
wanting to learn about the lawsuit and still trying to decide if
they should put their name down.
The lawsuit against Honeywell talks about contamination of the
land. The lawyers for the plaintiffs are now looking into
contamination that led to cancer.
"The real problem with radiation on your property is the health
risks," said Kevin Thompson, Esq. -- kevin@thompsonburton.com --
one of the lawyers with the class-action lawsuit. "As we go to more
and more homes, and do more and more tests, and talk to more and
more people, we see homes with multiple cancers in them."
"When you start to have health issues, you start to wonder . . .
animals start having health issues. You know, you really start to
wonder," Chrisman said.
Honeywell stopped production in December 2017. They produce uranium
hexafluoride, a compound used in nuclear power plants and weapons.
The discovery process starts for the case now. Lawyers with the
plaintiff's say they should be getting documents from Honeywell
within the next few months.
A Honeywell spokesperson sent this statement on the lawsuit.
"Honeywell is committed to the safety of our facilities and the
communities in which they reside. The Metropolis plant is highly
regulated by both the NRC and the EPA. Honeywell has filed a
motion to dismiss the complaint under the Price Anderson Act, which
governs nuclear facilities. That motion is currently pending before
the Court. We believe this lawsuit is without merit, and we will
defend ourselves vigorously." [GN]
HUNTINGTON BANCSHARES: Court Certifies Class of Employees
---------------------------------------------------------
In the class action lasuit captioned as Robert Younge, On behalf of
himself and all others simialrly situated, the Plaintiff, vs.
Huntington Bancshares Incorporated d/b/a The Huntington National
Bank, the Defendants, Case No.: 2:18-cv-00314-MHW-CMV, the Hon.
Judge Michael H. Watson entered an order on Oct. 23, 2018:
1. granting Plaintiff's motion for conditional class
certification of:
"all former and current Phone Bank Customers Service
Associates employed by Defendant between April 10, 2015 and the
present"; and
2. directing parties to submit joint proposed class definition,
proposed notice, and proposed consent form within 14 days from the
date of this Order.[CC]
IDAHO: Turney Seeks Restraining Order, Class Cert. in Suit v. DOC
------------------------------------------------------------------
The Plaintiffs in the lawsuit entitled PHILIP A. TURNEY, et al. v.
HENRY ATENCIO, et al., Case No. 1:18-cv-00001-BLW (D. Idaho), ask
the Court to grant their Motion for a Temporary Restraining
Order/Preliminary Injunction pursuant to Rule 65 of the Federal
Rules of Civil Procedure.
Henry Atencio is the director of the Idaho Department of
Correction.
The Plaintiffs also ask the Court to also grant their Motion for
Certification of a Federal Rule of Civil Procedure 23(b)(2) Class
for Injunctive and Declaratory Relief.
Because these two Motions are being filed while the Plaintiffs'
motion to consolidate is pending, the Plaintiffs ask the Court to
consider and grant the two Motions regardless of how it ultimately
decides on the pending motion to consolidate.
Plaintiff Ray Marvin Nichols, of ISCI Unit 9, in Boise, Idaho,
appears pro se.[CC]
Plaintiffs Philip A. Turney, Billy Ray Bartlett, Michael A. McCall,
and Reuben J. Cortes, and Kenneth Michael Workman are represented
by:
Richard A. Hearn, Esq.
HEARN LAW, PLC
P.O. Box 70
155 S. 2nd Avenue
Pocatello, ID 83204
Telephone: (208) 904-0004
Facsimile: (208) 904-1816
E-mail: hearn@hearnlawyers.com
Defendants Henry Atencio, Director of Idaho Department of
Correction, in his official capacity, and Rona Siegert, RN,
CCHP-RN, in her individual and her official capacities for actions
under color of law as Health Services Director, IDOC, are
represented by:
Brady J. Hall, Esq.
MOORE, ELIA, KRAFT & HALL, LLP
P.O. Box 6756
Boise, ID 83702
Telephone: (208) 336-6900
E-mail: mje@melawfirm.net
- and -
Marisa S. Crecelius, Esq.
MOORE, ELIA, KRAFT & HALL, LLP
702 W. Idaho St., #800
Boise, ID 83702
Telephone: (208) 336-6900
E-mail: marisa@melawfirm.net
- and -
Emily A. MacMaster, Esq.
DEPUTY ATTORNEY GENERAL, STATE OF IDAHO
1299 N. Orchard St., Suite 110
Boise, ID 83706
Telephone: (208) 658-2098
E-mail: emacmast@idoc.idaho.gov
Defendants John Migliori, Dr., MD, in his individual and his
official capacities for actions under color of law as treating
physician at ISCC, Murray Young, Dr., MD, in his individual and his
official capacities for actions under color of law as treating
physician at SICI, April Dawson, Dr., MD, in her individual and her
official capacities for actions under color of law as treating
physician at SBWCC & Corizon Incorporated, are represented by:
Dylan Alexander Eaton, Esq.
J. Kevin West, Esq.
PARSONS, BEHLE & LATIMER
800 W. Main St., Suite 1300
Boise, ID 83702
Telephone: (208) 562-4900
E-mail: deaton@parsonsbehle.com
kwest@parsonsbehle.com
INGENIOUS TECH: Abante Rooter Seeks Damages Over TCPA Violation
---------------------------------------------------------------
Abante Rooter and Plumbing, Inc., individually and on behalf of all
others similarly situated, Plaintiff, v. Ingenious Tech Solutions,
and Does 1 through 10, inclusive, and each of them, Defendants,
Case No. 3:18-cv-06591 (N.D. Cal., October 29, 2018) seeks damages
and any other available legal or equitable remedies resulting from
the illegal actions of Defendant in negligently, knowingly, and/or
willfully contacting Plaintiff on Plaintiff's cellular telephone in
violation of the Telephone Consumer Protection Act.
Defendant used an automatic telephone dialing system to place its
call to Plaintiff seeking to solicit its services, notes the
complaint.
Abante Rooter and Plumbing, Inc. is a corporation of the State of
California, whose principal place of business is in the county of
Alameda.
Ingenious Tech Solutions is a software company, formerly known as
K-Max Designit Professionals.[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
Meghan E. George, Esq.
Tom E. Wheeler, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Phone: 323-306-4234
Fax: 866-633-0228
Email: tfriedman@ toddflaw.com
abacon@ toddflaw.com
mgeorge@toddflaw.com
twheeler@toddflaw.com
INOVALON HOLDINGS: Seeks 2nd Cir. Review of Order in Xiang Suit
---------------------------------------------------------------
Defendants Inovalon Holdings, Inc., et al., filed an appeal from a
court ruling in the lawsuit titled Xiang, et al. v. Inovalon
Holdings, Inc., et al., Case No. 16-cv-4923, in the U.S. District
Court for the Southern District of New York (New York City).
The Defendants-Petitioners are Citigroup Global Markets Inc., Keith
R. Dunleavy, Denise K. Fletcher, Goldman Sachs & Co., Andre S.
Hoffmann, Inovalon Holdings, Inc., Thomas R. Kloster, Merrill
Lynch, Pierce, Fenner & Smith, Incorporated, Morgan Stanley & Co.
LLC, Lee D. Roberts, William J. Teuber, Jr., and UBS Securities
LLC.
The appellate case is captioned as Xiang, et al. v. Inovalon
Holdings, Inc., et al., Case No. 18-2910, in the United States
Court of Appeals for the Second Circuit.
As previously reported in the Class Action Reporter, on June 24,
2016, a purported securities class action complaint (Xiang v.
Inovalon Holdings, Inc., et al., No. 1:16-cv-04923) was filed in
the District Court against the Company, certain officers, directors
and underwriters in the Company's initial public offering. The
Complaint was brought on behalf of a purported class consisting of
all persons or entities, who purchased shares of the Company's
Class A common stock pursuant or traceable to the Registration
Statement relating to the Company's initial public offering on
February 18, 2015. The Complaint asserted violations of Sections
11 and 15 of the Securities Act based on allegedly false or
misleading statements and omissions with respect to, among other
things, the Company's revenues from sales in the city and state of
New York and the Company's effective tax rate. The Complaint
sought certification as a class action and unspecified compensatory
damages plus interest and attorneys' fees.
On June 28, 2016, a nearly identical complaint was filed in the
same court entitled Patel v. Inovalon Holdings, Inc., et al., No.
1:16-cv-05065. On July 5, 2016, the District Court consolidated
the Xiang and Patel actions. On September 20, 2016, the District
Court appointed a lead plaintiff and lead counsel.
On December 21, 2016, the Lead Plaintiff filed a consolidated class
action complaint (the "Amended Complaint") purporting to assert
violations of Sections 11, 12(a)(2), and 15 of the Securities Act
of 1933, as amended, based on allegedly false or misleading
statements and omissions with respect to substantially the same
topics as alleged in the Complaint.[BN]
Defendants-Petitioners Inovalon Holdings, Inc., Keith R. Dunleavy,
Thomas R. Kloster, Denise K. Fletcher, Andre S. Hoffmann, Lee D.
Roberts and William J. Teuber, Jr., are represented by:
Susan Saltzstein, Esq.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
4 Times Square
New York, NY 10036
Telephone: (212) 735-4132
E-mail: susan.saltzstein@skadden.com
Defendants-Petitioners Goldman Sachs & Co., Morgan Stanley & Co.
LLC, Citigroup Global Markets Inc., Merrill Lynch, Pierce, Fenner &
Smith, Incorporated, and UBS Securities LLC are represented by:
John Joseph Clarke, Jr., Esq.
DLA PIPER LLP (US)
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 335-4920
E-mail: david.clarke@dlapiper.com
Respondent Roofers Local No. 149 Pension Fund is represented by:
Steven Francis Hubachek, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway
San Diego, CA 92101
Telephone: (619) 231-1058
E-mail: shubachek@rgrdlaw.com
- and -
Samuel Howard Rudman, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
58 South Service Road
Melville, NY 11747
Telephone: (631) 367-7100
E-mail: srudman@rgrdlaw.com
INTELLICHECK LLC: Cunha Moves to Certify FCRA Class and Subclass
----------------------------------------------------------------
The Plaintiff in the lawsuit titled JAMES CUNHA, an individual, on
behalf of himself and all others similarly situated v.
INTELLICHECK, LLC, a California Limited Liability Company; CHICO
PRODUCE, INC., d/b/a PROPACIFIC FRESH, INC., a California
Corporation; and DOES 1through 100, Case No. 3:17-cv-00597-JST
(N.D. Cal.), asks the Court to certify a class and a subclass.
Specifically, Mr. Cunha moves the Court for an order:
(1) certifying his Third Claim for Relief alleged against the
Defendant for violations of the Fair Credit Reporting Act,
as set forth in his Second Amended Class Action Complaint,
alleged on behalf of the "Background Check Class" defined
as:
All persons employed by ProPacific or who applied for a
job with ProPacific who, on or after December 20, 2014
through and including March 1, 2018 ("Class Period"), were
the subject of a consumer report that was obtained by
ProPacific;
(2) certifying his Sixth Claim for Relief for violations of
the Investigative Consumer Reporting Agencies Act, as set
forth in the SAC, alleged on behalf of the "California
Disclosure Subclass" defined as:
All persons employed by ProPacific or who applied for a
job with ProPacific who, on or after December 20, 2014
through and including March 1, 2018 ("Class Period"), in
California that were the subject of a consumer report that
was obtained by ProPacific;
(3) appointing James Cunha as the class representative for the
Background Check Class; and
(4) appointing David H. Yeremian, Esq., of the law firm of
David Yeremian & Associates, Inc. as Class Counsel for the
Background Check Class and the California Disclosure
Subclass.
The Court will commence a hearing on November 15, 2018, at 2:00
p.m., to consider the Motion.[CC]
The Plaintiff is represented by:
David Yeremian, Esq.
DAVID YEREMIAN & ASSOCIATES, INC.
535 N. Brand Blvd., Suite 705
Glendale, CA 92103
Telephone: (818) 230-8380
Facsimile: (818) 230-0308
E-mail: david@yeremianlaw.com
JETBLUE AIRWAYS: Faces Class Action Suit Over Travel Insurance
--------------------------------------------------------------
Sandra Lane, writing for Florida Record, reports that a Florida
woman recently filed a class action suit against JetBlue Airways
claiming deceptive trade practices and unjust enrichment regarding
the airline's sale of travel insurance.
Milita Barbara Dolan filed the suit Sept. 17 on behalf of herself
and others in the U.S. District Court for the Southern District of
Florida. The complaint goes into detail about the step-by-step
process for buying a ticket on JetBlue.
As stated in the petition, "There is no way to purchase a ticket on
JetBlue's website without making an election regarding trip
insurance. This marketing is intended to create the impression that
the trip insurance is in the consumer's best interest -- while
hiding the fact that JetBlue is pushing the product because it is
in its financial interest to generate sales."
Plaintiff further states that JetBlue says that trip insurance is
in the best interests of the consumer and makes no effort to reveal
what the monetary reward for JetBlue may be. As an example, the
suit cites a paragraph on the JetBlue website that says,
"Recommended by AGA Service Company, the licensed producer and
administrator of this plan. Terms, conditions and exclusions apply,
learn more. Plan underwritten by Jefferson Insurance Company or BCS
Insurance Company." There is no mention of JetBlue's financial
interest in their customers' purchase of trip insurance, the suit
claims.
The suit requests "certification of the class, a jury trial and
judgment against JetBlue in addition to an order requiring JetBlue
to make full disclosure to consumers of its receipt or retention of
trip insurance premiums sold on its website and the amount of the
kickback it retains or receives."
Other relief requested includes costs of the suit, attorneys' fees,
damages to be determined at trial, pre- and post- judgment
interest, and "restitution of the amount JetBlue was enriched as a
result of the wrongs alleged herein, in an amount to be determined
at trial."
Legal counsel for the plaintiff is listed in the complaint as Scott
B. Cosgrove, Esq. -- scosgrove@leoncosgrove.com -- Alec H. Schultz,
Esq. -- aschultz@leoncosgrove.com --
John R. Byrne, Esq. -- jbyrne@leoncosgrove.com -- and Jeremy L.
Kahn, Esq. -- jkahn@leoncosgrove.com -- from the Leon Cosgrove Law
Firm in Coral Gables. [GN]
JM COFFEE: Garcia Suit Seeks to Recover Damages Under FLSA
----------------------------------------------------------
Ruben Abelino Garcia and Bessy Morales, individually and on behalf
of all others similarly situated v. JM Coffee Shop and Bakery
Corp., Manuel Sinchi and Isis Downing, Case No. CV 18-6045 (E.D.
N.Y., October 29, 2018), seeks to recover damages for the
Defendants' violations of state and federal wage and hour laws
under the Fair Labor Standards Act.
The Plaintiffs alleged that the Defendants failed and refused to
pay required minimum wages and overtime wages.
The Plaintiff Ruben Abelino Garcia resides at 312 Chester Street,
Uniondale, New York 11553, and was employed as baker by the
Defendants from in or around December 2013 until in or around April
2018.
The Plaintiff Bessy Morales resides at 312 Chester Street,
Uniondale, New York 11553, and was employed as a food preparer and
cleaner by the Defendants from in or around August 2017 until in or
around May 2018.
The Defendants own and operate a coffee shop and bakery with
principal executive office at 171-10 Jamaica Avenue, Jamaica, New
York 11432. [BN]
The Plaintiffs are represented by:
Helen F. Dalton, Esq.
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
69-12 Austin Street
Forest Hills, NY 11375
Tel: (718) 263-9591
Fax: (718) 263-9598
LOGAN STAFFING: Wiles Files FLSA Suit in New York
-------------------------------------------------
A class action lawsuit has been filed against The Logan Staffing
Solutions, Inc. The case is styled as Debra Wiles individually and
on behalf of all other persons similarly situated, Plaintiff v. The
Logan Staffing Solutions, Inc. and/or any other related entities,
Defendant, Case No. 1:18-cv-09953 (S.D. N.Y., Oct. 29, 2018).
The Plaintiff filed the case under the Fair Labor Standards Act.
The Logan Staffing Solutions Inc is a privately held company in
Bronx, NY and is a Single Location business categorized under
Business Management Consultants.[BN]
The Plaintiff appears pro se.
LONE STAR: Jeffery Suit Alleges FLSA Violations
-----------------------------------------------
Jalelisa Jeffery, on behalf of herself and others similarly
situated v. Lone Star PJS LLC and Yasin M. Choudry, Case No.
2018-0785 (Del. Ch., October 31, 2018), is brought against the
Defendants for violations of the Fair Labor Standards Act of 1938.
The Plaintiff alleges that the Defendants use a flawed method to
determine reimbursement rates that provides such an unreasonably
low rate beneath any reasonable approximation of the expenses they
incur that the drivers' unreimbursed expenses cause their wages to
fall below the federal minimum wage during some or all workweeks.
The Plaintiff is a resident of Texas and is an hourly-paid
non-exempt delivery driver employed by the Defendants.
The Defendants own and operate numerous Papa John's franchise
stores.[BN]
The Plaintiff is represented by:
J. Forester, Esq.
FORESTER HAYNIE PLLC
1701 N. Market Street, Ste 210
Dallas, TX 75202
Tel: (214) 210-2100
Fax: (214) 346-5909
LUMEN GROUP: Anco Seeks to Recover Unpaid Wages, Damages
--------------------------------------------------------
Dario Anco and other similarly-situated individuals, Plaintiff, v.
Lumen Group LLC and Julian A. Aguirre, individually, Defendants,
Case No. 1:18-cv-24502-RNS (S.D. Fla., October 27, 2018) is brought
by Plaintiff to recover from Defendants minimum wages, overtime
compensation, liquidated damages, retaliatory damages, and costs
and reasonable attorney's fees under the provisions of Fair Labor
Standards Act.
According to the complaint, Defendants willfully and intentionally
refused to pay Plaintiff overtime wages at the rate of time and one
half his regular rate, as required by the law of the United States,
and remain owing Plaintiff these overtime wages since the
commencement of Plaintiff's employment with Defendants.
The Plaintiff is a resident of Miami-Dade County.
Lumen Group LLC is a Florida corporation, having a place of
business in Miami-Dade County, Florida.
Julian A. Aguirre is the owner of Defendant Corporation Lumen
Group, Inc.[BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Phone: (305) 446-1500
Facsimile: (305) 446-1502
Email: zep@thepalmalawgroup.com
MAISON KITSUNE: Faces Figueroa ADA Class Action
-----------------------------------------------
A class action lawsuit has been filed against Maison Kitsune, Inc.
The case is styled as Jose Figueroa on behalf of himself and all
others similarly situated, Plaintiff v. Maison Kitsune, Inc.,
Defendant, Case No. 1:18-cv-09980 (S.D. N.Y., Oct. 29, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Maison Kitsune manufactures apparel for men and women.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
MAKE IT RIGHT: Francis et al. Suit Moved to E.D. Louisiana
----------------------------------------------------------
Lloyd Francis and Jennifer Decuir, on behalf of herself and on
behalf of all others similarly situated, the Plaintiffs, vs. Make
It Right-New Orleans, LLC; Make It Right Foundation; Make It
Right-New Orleans Housing, LLC; Thomas F. Darden, III; James
Mazzuto; Samuel W. Whitt; S.H. Fogleman; also known as: Jim
Fogleman; LaToya King; Veronica Taylor; Brad Pitt; Maurice Coleman;
John Sader; Craig Turner; Tanya Harris; and Unidentified Parties,
the Defendants, Case No. 18-08977 Div B Sec 5, from the Civil
District Court, Orleans Parish, to the U.S. District Court for the
Eastern District of Louisiana (New Orleans) on Oct. 24, 2018. The
Eastern District of Louisiana Court Clerk assigned Case No.
2:18-cv-09906-EEF-KWR to the proceeding. The case is assigned to
the Hon. Judge Eldon E. Fallon.
Attorneys for Plaintiffs:
Ron Anthony Austin, Esq.
Catherine Hilton, Esq.
RON AUSTIN & ASSOCIATES, LLC
920 4th Street
Gretna, LA 70053
Telephone: (504) 227-8100
Facsimile: (504) 227-8122
E-mail: raustin@ronaustinlaw.com
chilton@ronaustinlaw.com
Attorneys for Samuel W. Whitt, S.H. Fogleman & LaToya King:
Wayne J. Lee, Esq.
Justin Paul Lemaire, Esq.
Paul James Masinter, Esq.
STONE, PIGMAN, WALTHER,
WITTMANN, LLC (NEW ORLEANS)
909 Poydras Street, Suite 3150
New Orleans, LA 70112-4042
Telephone: (504) 581-3200
E-mail: wlee@stonepigman.com
jlemaire@stonepigman.com
pmasinter@stonepigman.com
MARFI CONTRACTING: Flores Files Labor Class Action
--------------------------------------------------
A class action lawsuit has been filed against Marfi Contracting
Corp. et al. The case is styled as Franklyn A. Flores, Jose Antonio
Mejia individually and on behalf of others similarly situated,
Plaintiffs v. Marfi Contracting Corp. doing business as: Marfi
Contracting Corp., Helen Fikias, John Fikias, Peter Fikias,
Anastasios Fikias, Defendants, Case No. 1:18-cv-06053 (E.D. N.Y.,
Oct. 29, 2018).
The Plaintiff filed the case under the Fair Labor Standards Act.
Marfi Contracting Corporation is a privately held company in
Brooklyn, NY and is a Single Location business categorized under
Commercial and Office Buildings, Renovation and Repairs.[BN]
The Plaintiffs appear pro se.
MASTEC SERVICES: Williams Suit Alleges Labor Code Violations
------------------------------------------------------------
Jake Williams, individually and on behalf of all others similarly
situated v. Mastec Services Company, Inc. and Does 1-250, Case No.
RG18926935 (Calif. Super., October 31, 2018), is brought against
the Defendants for violations of the California Labor Code.
The Plaintiff filed the case against the Defendants for unpaid meal
period premiums, unpaid rest period premiums and failure to pay
minimum wage.
The Plaintiff Jackal Williams is, and at all relevant times was, a
citizen of the State of California, residing in Hayward,
California. Plaintiff was employed as "Cable Technician I" for
Mastec Services, Inc., a Florida corporation, a non-exempt and
hourly position, from May 31, 2016 to February 2017.
The Defendant MSC is part of a group of companies headquartered in
Coral Gables, Florida that operate throughout North America. The
MSC companies operate in a wide range of industries, including
engineering, building, installation, maintenance and upgrade of
cable, wireless and satellite communications networks. MSC also
contracts with cable, telephone, and internet service providers to
connect and install cable TV, telephone, internet and other
services for consumers. [BN]
The Plaintiff is represented by:
Abraham Mathew, Esq.
Jacob George, Esq.
Sang J Park, Esq.
MATHEW & GEORGE
500 South Grand Avenue, Ste 1490
Los Angeles, CA 90071
Tel: (310) 478-4349
Fax: (310) 478-9580
E-mail: abraham@mathewwandgeorge.com
jacob@mathewandgeorge.com
sang@mathewandgeorge.com
MDL 2741: Davis vs. Monsanto over Herbicide Roundup Consolidated
----------------------------------------------------------------
The class action lawsuit titled JOHN C. DAVIS, the Plaintiffs, v.
MONSANTO COMPANY, Defendant, Case No. 4:18-cv-01651, was
transferred from the U.S. District Court for the Eastern District
of Missouri, to the U.S. District Court for the Northern District
of California (San Francisco) on Oct. 24, 2018. The Northern
District of California Court Clerk assigned Case No.
3:18-cv-06493-VC to the proceeding.
This is an action for damages suffered by Plaintiffs as a direct
and proximate result of Defendant negligent and wrongful conduct in
connection with the design, development, manufacture, testing,
packaging, promoting, marketing, advertising, distribution,
labeling, and/or sale of the herbicide Roundup (TM), containing the
active ingredient glyphosate.
The Davis case is being consolidated with MDL 2741 in re: Roundup
Products Liability Litigation. The MDL was created by Order of the
United States Judicial Panel on Multidistrict Litigation on October
3, 2016. These actions share common factual questions arising out
of allegations that Monsanto's Roundup herbicide, particularly its
active ingredient, glyphosate, causes non-Hodgkin's lymphoma.
Plaintiffs each allege that they or their decedents developed
non-Hodgkin's lymphoma after using Roundup over the course of
several or more years. Plaintiffs also allege that the use of
glyphosate in conjunction with other ingredients, in particular the
surfactant polyethoxylated tallow amine (POEA), renders Roundup
even more toxic than glyphosate on its own. Issues concerning
general causation, the background science, and regulatory history
will be common to all actions.
In its October 3, 2016 Order, the MDL Panel found that the actions
in this MDL involve common questions of fact, and that
centralization in the Northern District of California will serve
the convenience of the parties and witnesses and promote the just
and efficient conduct of this litigation. Centralization will
eliminate duplicative discovery; prevent inconsistent pretrial
rulings (including with respect to discovery, privilege, and
Daubert motion practice); and conserve the resources of the
parties, their counsel, and the judiciary. Presiding Judge in the
MDL is Hon. Judge Vince Chhabria. The lead case is
3:16-md-02741-VC.[BN]
Attorneys for Plaintiff:
Seth S. Webb, Esq.
BROWN & CROUPPEN, P.C.
211 North Broadway, Suite 1600
St. Louis, MO 63102
Telephone: (314) 222-2222
Facsimile: (314) 421 0359
E-mail: sethw@getbc.com
MDL 2741: Martinez vs Monsanto over Herbicide Roundup Consolidated
------------------------------------------------------------------
The class action lawsuit titled ADRIANNE MARTINEZ, the Plaintiffs,
v. MONSANTO COMPANY, Defendant, Case No. 4:18-cv-01645, was
transferred from the U.S. District Court for the Eastern District
of Missouri, to the U.S. District Court for the Northern District
of California (San Francisco) on Oct. 24, 2018. The Northern
District of California Court Clerk assigned Case No.
3:18-cv-06492-VC to the proceeding.
This is an action for damages suffered by Plaintiffs as a direct
and proximate result of Defendant negligent and wrongful conduct in
connection with the design, development, manufacture, testing,
packaging, promoting, marketing, advertising, distribution,
labeling, and/or sale of the herbicide Roundup (TM), containing the
active ingredient glyphosate.
The Martinez case is being consolidated with MDL 2741 in re:
Roundup Products Liability Litigation. The MDL was created by Order
of the United States Judicial Panel on Multidistrict Litigation on
October 3, 2016. These actions share common factual questions
arising out of allegations that Monsanto's Roundup herbicide,
particularly its active ingredient, glyphosate, causes
non-Hodgkin's lymphoma. Plaintiffs each allege that they or their
decedents developed non-Hodgkin's lymphoma after using Roundup over
the course of several or more years. Plaintiffs also allege that
the use of glyphosate in conjunction with other ingredients, in
particular the surfactant polyethoxylated tallow amine (POEA),
renders Roundup even more toxic than glyphosate on its own. Issues
concerning general causation, the background science, and
regulatory history will be common to all actions.
In its October 3, 2016 Order, the MDL Panel found that the actions
in this MDL involve common questions of fact, and that
centralization in the Northern District of California will serve
the convenience of the parties and witnesses and promote the just
and efficient conduct of this litigation. Centralization will
eliminate duplicative discovery; prevent inconsistent pretrial
rulings (including with respect to discovery, privilege, and
Daubert motion practice); and conserve the resources of the
parties, their counsel, and the judiciary. Presiding Judge in the
MDL is Hon. Judge Vince Chhabria. The lead case is
3:16-md-02741-VC.[BN]
Attorneys for Plaintiff:
Seth S. Webb, Esq.
BROWN & CROUPPEN, P.C.
211 North Broadway, Suite 1600
St. Louis, MO 63102
Telephone: (314) 222-2222
Facsimile: (314) 421 0359
E-mail: sethw@getbc.com
MDL 2862: C.U.E. Inc. Suit over Isocyanate Sales Consolidated
-------------------------------------------------------------
C.U.E., INC., individually and on behalf of all others similarly
situated, the Plaintiff, vs. BASF AG; BASF CORP.; BAYER AG; BAYER
CORP., COVESTRO AG; COVESTRO LLC; DOWDUPONT INC.; DOW CHEMICAL CO.;
HUNTSMAN CORP.; HUNTSMAN INTERNATIONAL LLC.; LANXESS AG, LANXESS
CO.; MCNS POLYURETHANES USA INC.; MITSUI CHEMICALS, INC.; MITSUI
CHEMICALS AMERICA, INC.; MITSUI CHEMICALS & SKC POLYURETHANES,
INC.; WANHUA CHEMICAL GROUP CO., LTD.; WANHUA CHEMICAL (AMERICA)
CO. LTD.; WANHUA CHEMICAL US HOLDING, INC., the Defendants, Case
No.: 2:18-cv-11439, was transferred from the U.S. District Court
for the the District ofNew Jersey, to the U.S. District Court
Western District of Pennsylvania (Pittsburgh) on Oct. 24, 2018. The
Western District of Pennsylvania Court Clerk assigned Case No.
2:18-cv-01422-DWA-LPL to the proceeding. The case is assigned to
the Hon. Judge Donetta W. Ambrose.
The case is being consolidated with MDL 2862 in re: DIISOCYANATES
ANTITRUST LITIGATION. The MDL was created by Order of the United
States Judicial Panel on Multidistrict Litigation on Oct. 3, 2018.
The MDL Panel find that these actions involve common questions of
fact, and that centralization will serve the convenience of the
parties and witnesses and promote the just and efficient conduct of
this litigation. All actions share complex factual questions
arising from allegations that defendants engaged in a conspiracy to
fix, raise, maintain, or stabilize the price of methylene diphenyl
diisocyanate (MDI) and toluene diisocyanate (TDI) sold in the
United States, from early 2015 or 2016 through the present,
including through 3 agreements to limit supply of MDI and TDI
through planned manufacturing shutdowns at plants worldwide and
implementing coordinated price increases. The record indicates that
discovery is likely to be international in scope and will include a
significant number of nonparties. Centralization will eliminate
duplicative discovery; prevent inconsistent pretrial rulings,
especially with respect to class certification and Daubert motions;
and conserve the resources of the parties, their counsel and the
judiciary.
In its Oct. 3 Order, the MDL Panel concludes that the Western
District of Pennsylvania is an appropriate transferee forum. One
defendant has its U.S. headquarters in this district, and five
other defendants have their headquarters in adjacent or nearby
districts. Relevant documents and witnesses therefore are likely to
be located in or close to this area. Nearly all responding
defendants agree that the Western District of Pennsylvania is an
appropriate venue, along with plaintiffs in one action on the
motion and one potential tag-along action. Judge Donetta W. Ambrose
is an experienced transferee judge with the ability and willingness
to manage this litigation efficiently. We are confident she will
steer this matter on a prudent course.[BN]
Attorneys for Plaintiffs:
Peter S. Pearlman, Esq.
Matthew F. Gately, Esq.
COHN LIFLAND PEARLMAN HERRMANN & KNOPF LLP
Park 80 West - Plaza One
250 Pehle Avenue, Suite 401
Saddle Brook, NJ 07663
Telephone: (201) 845-9600
Facsimile: (201) 845-9423
E-mail: psp@njlawfirm.com
mfg@njlawfirm.com
- and -
Jason S. Hartley, Esq.
HARTLEY LLP
550 West C Street, Suite 1750
San Diego, CA 92101
Telephone: (619) 400-5822
Facsimile: (619) 400-5832
E-mail: hartley@hartleyllp.com
- and -
Eric L. Cramer, Esq.
Daniel J. Walker, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875-3000
Facsimile: (215) 875-4604
E-mail: ecramer@bm.net
dwalker@bm.net
- and -
Vincent J. Esades, Esq.
HEINS MILLS & OLSON, P.L.C.
310 Clifton Avenue
Minneapolis, MN 55403
Telephone: (612) 338-4605
Facsimile: (612) 338-4692
E-mail: vesades@heinsmills.com
- and -
Daniel R. Karon, Esq.
KARON LLC
700 W. St. Clair Ave, Ste 200
Cleveland, OH 44113
Telephone: (216) 622-1851
E-mail: dkaron@karonllc.com
METRO NORTHWEST: Braden Sues Over Unpaid Overtime Wages
-------------------------------------------------------
Shavell Braden, on behalf of herself and all others similarly
situated v. Metro Northwest, LLC, Case No. 2:18-cv-01738 (E.D.
Wis., November 1, 2018), is brought against the Defendant for
violations of the Fair Labor Standards Act of 1938 and Wisconsin's
Wage Payment and Collection Laws.
The Plaintiff brings her FLSA and WWPCL claims and causes of action
against Defendant on behalf of herself and all other
similarly-situated current and former Sales Associates of Defendant
for unpaid overtime compensation, liquidated damages, costs,
attorneys' fees, declaratory and injunctive relief, and any such
other relief the Court may deem appropriate.
The Plaintiff resides in 1707 Marliz Drive, Waukesha, Wisconsin
53189. Plaintiff worked as a sales associate for the Defendant.
The Defendant is a cellular and mobile phone service company with
principal address of 1733 Sterling Drive, Sycamore, Illinois 60178.
[BN]
The Plaintiff is represented by:
James A. Walcheske, Esq.
Scott S. Luzi, Esq.
David M. Potteiger, Esq.
WALCHESKE & LUZI, LLC
15850 W. Bluemound Rd., Suite 304
Brookfield, WI 53005
Tel: (262) 780-1953
Fax: (262) 565-6469
E-mail: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
dpotteiger@walcheskeluzi.com
MIANSI RETAIL: Faces Class Action in NY for ADA Violation
---------------------------------------------------------
A class action lawsuit has been filed against Miansai Retail, LLC.
The case is styled as Jose Figueroa on behalf of himself and all
others similarly situated, Plaintiff v. Miansai Retail, LLC,
Defendant, Case No. 1:18-cv-09970 (S.D. N.Y., Oct. 29, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Miansai Retail, LLC offers handcrafted accessories for men and
women ranging from leather bracelets, gold cuffs, necklaces,
watches and leather goods.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
MIYOKO'S KITCHEN: Brown Files Product Liability Suit
-----------------------------------------------------
A class action lawsuit has been filed against Miyoko's Kitchen,
Inc. The case is styled as Jasmine Brown individually and on behalf
of all others similarly situated, Plaintiff v. Miyoko's Kitchen,
Inc., Defendant, Case No. 2:18-cv-06079 (E.D. N.Y., Oct. 30,
2018).
The nature of suit is stated as Personal Injury Product Liability.
Miyoko's Kitchen, Inc. produces and sells artisanal vegan cheese
products. It offers a range of flavors and textures, including
artisanal, organic, non-GMO, and vegan cheese products. The company
sells its products through its retail stores in the United States,
as well as online.[BN]
The Plaintiff appears pro se.
NEW YORK, NY: Drayon Suit Seeks Unpaid Wages Under FLSA
-------------------------------------------------------
Anthony Drayon and Robert Lewis, individually and on behalf of all
others similarly situated v. The City of New York, Case No.
1:18-cv-10138 (S.D. N.Y., November 1, 2018), seeks to recover
earned but unpaid overtime compensation and liquidated damages for
delayed payments of overtime and other wages under the Fair Labor
Standards Act.
The Plaintiffs alleges that beginning in approximately October of
2015 and continuing to the present, the Defendant engaged in a
policy and practice of failing to pay Plaintiffs all overtime and
other wages earned in the pay period immediately following the
overtime and other work performed and delaying those payments to
later pay periods.
The Plaintiff Anthony Drayton is a resident of the State of New
York, and a member of the American Federation of State, County and
Municipal Employees, District 37 NYC Motor Vehicle Operators Local
983. The Plaintiff Drayton has been employed by Defendant the New
York City Department of Parks and Recreation since approximately
July 2006, and currently works as a Supervisor Level I.
The Plaintiff Robert Lewis is a resident of the State of New York,
and a member of the American Federation of State, County and
Municipal Employees, District 37 NYC Motor Vehicle Operators Local
983. The Plaintiff Lewis has been employed by Defendant the City of
New York Department of Parks and Recreation since approximately
March 2007.
The Defendant, The City of New York, is a municipal corporation
duly organized and existing under the Constitution and laws of the
State and City of New York. [BN]
The Plaintiffs are represented by:
Lloyd Ambinder, Esq.
James Emmet Murphy, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street, 7th Floor
New York, NY 10004
Tel: (212) 943-9080
NIGERIA: Court Certifies Suit vs. Lagos State as Class Action
-------------------------------------------------------------
Joseph Jibueze, writing for The Nation, reports that a Lagos State
High Court has certified a suit filed by a resident, Owolabi
Rotimi, against the state, challenging the Land Use Charge (LUC)
2018, as a class action.
Justice B. Oke-Lawal granted an order certifying the suit as a
class action for the applicant and "all other recipients of the
annual bill for Land Use Charge 2018 issued by the Lagos State
government."
The judge made an order appointing the applicant to represent
members of the class of LUC recipients.
Justice Oke-Lawal held: "Having considered the facts as stated in
the affidavit, the class of persons having an interest cannot be
ascertained and found for now.
"Several Nigerians will be affected by the decision on the Land Use
Act and it will, therefore, be an expedient and efficient procedure
to have claims of all persons taken in one suit than multiplicity
of suits.
"I am, therefore, satisfied that the applicant can be appointed to
sue on behalf of the entire class of persons who are recipients of
annual bill for Land Use Charge 2018 issued by the Lagos State
government.
"I, therefore, find merit in the application and the motion is
granted as prayed.
"I, hereby, certify this suit as a class action and appoint the
claimant to represent the class as per the prayer in his motion."
Rotimi, through his lawyer, Mr. Olumide Babalola, Esq. had filed an
ex-parte application seeking leave to represent himself and other
recipients of the LUC a class action.
In a supporting affidavit, the applicant, who said he was the
owner/occupier of 13, Ina Abasi Street, Ogudu, GRA, Lagos, argued
that class action would prevent a multiplicity of suits on the same
issue.
He said sometime in February, he was served with a Land Use Charge
Bill/Notice dated April 27, 2018 for the sum of N227, 435.55 for
the period of January 1 to December 31, 2018.
According to him, on the face of the bill, the assessment consisted
of tenement rate and ground rent.
The applicant said constitutionally, tenement rate ought to be
assessed, levied and collected by local governments as opposed to
the state government.
He contended that the ground rent and tenement rate constituted
double taxation.
Rotimi said he approached the court because he did not want to be a
part of illegality and unconstitutionality of paying tenement rate
to the wrong entity.
"The applicant believes that numerous unascertainable owners and
occupiers are interested and affected by the reliefs sought by the
applicant in this suit.
"Numerous persons have been served with the same kind of
bill/notice served on the applicant and they cannot be found or
ascertained as at the time of this suit.
"This suit borders on the provision of the Land Use Charge Law 2018
and the Constitution of the Federal Republic of Nigeria, 1999 (as
amended)
"It is expedient and efficient procedure for this honourable court
to grant this application, otherwise this honourable court will be
inundated with numerous suits bordering on same subject matter by
members of the applicant's class," the applicant said.
According to him, his lawyer had been briefed by three different
parties on the Land Use Charge already and more may follow.
"The applicant believes that his suit is not about the amounts
payable in the bills/notices which varies, but the constituents
(ground rent + tenement rate) and the collector (Lagos State
government), which is uniform to all the bills/notices.
"It is expedient that this application be granted to avoid
multiplicity of suit and/or conflicting decisions of courts on the
issues raised herein," Rotimi added.
After granting the order, Justice Oke-Lawal said the enrolled order
should be served personally on the defendant by the court's
sheriff.[GN]
NORTH AMERICAN COMPANY: Advance Trust Sues for Breach of Contract
-----------------------------------------------------------------
A class action lawsuit has been filed against North American
Company for Life and Health Insurance. The case is styled as
Advance Trust & Life Escrow Services, LTA as securities
intermediary for Life Partners Position Holder Trust, on behalf of
itself and all others similarly situated, Plaintiff v. North
American Company for Life and Health Insurance, Defendant, Case No.
4:18-cv-00368-JEG-CFB (S.D. Iowa, Oct. 30, 2018).
The nature of suit is stated as Insurance for Breach of Contract.
North American Company for Life and Health Insurance provides life
insurance products and services in the United States. It offers
term and permanent life insurance services. The company offers
annuities which include Fixed Index Annuities, Traditional Fixed
Annuities, and Single Premium Immediate Annuities.[BN]
The Plaintiff is represented by:
R Ronald Pogge, Esq.
HOPKINS & HUEBNER PC
2700 GRAND AVE, SUITE 111
DES MOINES, IA 50312
Phone: (515) 697-4268
Fax: (515) 697-4299
Email: rpogge@hhlawpc.com
- and -
Glenn C Bridgman, Esq.
SUSMAN GODFREY LLP
1900 AVENUE OF THE STARS, SUITE 1400
LOS ANGELES, CA 90067
Phone: (310) 789-3100
Fax: (310) 789-3150
Email: gbridgman@susmangodfrey.com
- and -
Robin G Maxon, Esq.
HOPKINS & HUEBNER PC
2700 GRAND AVE, SUITE 111
DES MOINES, IA 50312
Phone: (515) 697-4234
Fax: (515) 697-4299
Email: rmaxon@hhlawpc.com
- and -
Ryan C Kirkpatrick, Esq.
SUSMAN GODFREY LLP
1301 AVENUE OF THE AMERICAS
32ND FLOOR
NEW YORK, NY 10019
Phone: (212) 336-8330
Fax: (212) 336-8340
Email: rkirkpatrick@susmangodfrey.com
- and -
Seth Ard, Esq.
SUSMAN GODFREY LLP
1301 AVENUE OF THE AMERICAS
32ND FLOOR
NEW YORK, NY 10019
Phone: (212) 336-8330
Fax: (212) 336-8340
Email: sard@susmangodfrey.com
- and -
Steven G Sklaver, Esq.
SUSMAN GODFREY LLP
1900 AVENUE OF THE STARS, SUITE 1400
LOS ANGELES, CA 90067
Phone: (310) 789-3100
Fax: (310) 789-3150
Email: ssklaver@susmangodfrey.com
OHIO ELDERLY: Court Certifies Class of Non-exempt Employees
-----------------------------------------------------------
In the class action lawsuit captioned as Misti Adams, the
Plaintiff, vs. Central Ohio Elderly Care, LLC, et al., the
Defendants, Case No.: 2:18-cv-134, the Hon. Judge Michael H. Watson
entered an order on Oct. 23, 2018:
1. granting Plaintiff's motion for conditional certification of
op-in Plaintiff class:
"all current and formerly hourly, nonexempt employees of
Defendants who worked over 40 hours in any workweek beginning three
years immediately preceeding the filing of the Complaint through
the date of final disposition of this case, and were not paid one
and one-half times their regular rate of pay for hours worked over
40 because (I) Defendants divided their hours worked between two
entities and paid them with two paychecks for the same pay periods;
and/or (ii) Defendants reduced their employees regular rate of pay;
and/or (iii) Defendants failed to pay for travel time"; and
2. directing parties to submit joint proposed class definition,
proposed notice, and proposed consent form within 14 days from the
date of this Order.[CC]
OSHKOSH DEFENSE: Denied Workers Overtime Pay, Marquette Suit Says
-----------------------------------------------------------------
Farrah Marquette, individually and on behalf of others similarly
situated v. Oshkosh Defense, LLC, Case No. 1:18-cv-01719 (E.D.
Wis., October 30, 2018), is brought against the Defendant for
violation of the Fair Labor Standards Act of 1938.
The Plaintiff and the putative class members are, or were, hourly
employees of Defendant Oshkosh Defense, LLC at times since October
30, 2015. Oshkosh Defense has a common policy and practice of
impermissibly rounding the start and end times of its hourly
employees' work hours so as to deny such employees for compensation
for all hours worked, asserts the complaint. As a result, Oshkosh
Defense has denied Plaintiff Marquette and the putative class
members of overtime pay in violation of the FLSA.
The Plaintiff Farrah Marquette is an adult resident of Winnebago
County in the State of Wisconsin. Plaintiff Marquette is a current
employee of Oshkosh Defense who has worked as a Laborer, Welder,
and/or Press Break Operator since on or around May 1, 2007.
The Defendant Oshkosh Defense specializes in tactical vehicle
manufacturing out of its principal office located in Oshkosh,
Wisconsin. [BN]
The Plaintiff is represented by:
Larry A. Johnson, Esq.
Summer H. Murshid, Esq.
Timothy P. Maynard, Esq.
HAWKS QUINDEL, S.C.
222 East Erie St., Ste 210
P.O. Box 442
Milwaukee, WI 53201-0442
Tel: (414) 271-8650
Fax: (414) 271-8442
E-mail: ljohnson@hq-law.com
smurshid@hq-law.com
tmaynard@hq-law.com
PGGS GOURMET: Garcia Suit Alleges FLSA and NYLL Breach
------------------------------------------------------
Rafael Lopez Garcia and Ramon Bautista Ruiz, individually and on
behalf of others similarly situated v. PGGS Gourmet Inc. dba
Columbus Gourmet Food, PGGS Cafe Inc. dba Columbus Gourmet Food,
Phuman Singh, Manjit Singh a.k.a. Jimmy, and Sammi Doe, Case No.
1:18-cv-10022 (S.D. N.Y., October 30, 2018), is brought against the
Defendants for unpaid minimum and overtime wages pursuant to the
Fair Labor Standards Act and for violations of the N.Y. Labor Law.
The Plaintiffs allege that the Defendants have maintained a policy
and practice of requiring Plaintiffs and other employees to work in
excess of 40 hours per week without providing the minimum wage and
overtime compensation required by federal and state law and
regulations.
The Plaintiffs have been employed as pizza makers, delivery
workers, and salad preparers at the deli located at 261 Columbus
Ave, New York, NY 10023.
The Defendants own, operate, or control the deli located at 261
Columbus Ave, New York, NY 10023 under the name "Columbus Gourmet
Food." [BN]
The Plaintiffs are represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Ste 4510
New York, NY 10165
Tel: (212) 317-1200
Fax: (212) 317-1620
R&L MANAGEMENT: Faces Class Action in NY Under ADA
--------------------------------------------------
R. & L. Management Co., Inc. is facing a class action lawsuit in
New York under the Americans with Disabilities Act.
The case is captioned Jose Figueroa on behalf of himself and all
others similarly situated, Plaintiff v. R. & L. Management Co.,
Inc. doing business as: CFSC, Defendant, Case No. 1:18-cv-09974
(S.D. N.Y., Oct. 29, 2018).
R&L Management Co., Inc. offers business management and
consultation services in the field of currency exchanges.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
RADIO STAR: Faces Martinez Suit Asserting FLSA Violation
--------------------------------------------------------
A class action lawsuit has been filed under the Fair Labor
Standards Act against Radio Star, LLC. The case is styled as
Jhonatan Martinez as an individual and on behalf of all others
similarly situated, Plaintiff v. Radio Star, LLC, Sam Huh as an
individual, Defendants, Case No. 1:18-cv-09909 (S.D. N.Y., Oct. 26,
2018).
Radio Star LLC is a privately held company in New York, NY and is a
Single Location business, categorized under Radio Stations and
Broadcasting Companies.[BN]
The Plaintiff appears pro se.
RANBAXY INC: Cesar Castillo Suit Alleges Sherman Act Violation
--------------------------------------------------------------
Cesar Castillo, Inc., individually and on behalf of all those
similarly situated v. Ranbaxy Inc., et al., Case No. 1:18-cv-06126
(E.D. N.Y., November 1, 2018), is brought against the Defendants
for violations of the Sherman Act and the Racketeer Influenced and
Corrupt Organizations Act.
This lawsuit seeks monetary relief on behalf of all direct
purchasers of Nexium or its AB-rated generic equivalents, for which
generic entry was delayed in substantial part by Ranbaxy’s
wrongful acquisition and maintenance of 180-day exclusivity, its
business conduct that ultimately required it be subject to a
consent decree, and its preclusion of other generic entrants while
its own applications floundered. Specifically, this action pleads
with particularity that the direct purchasers of the brand drug
Nexium overpaid for the product because Ranbaxy's wrongful conduct
delayed the generic entry for esomeprazole magnesium at least
between May 27, 2014 and January 26, 2015.
The Plaintiff Cesar Castillo, Inc. is a corporation organized under
the laws of the Commonwealth of Puerto Rico, with its principal
place of business and headquarters located at Bo. Quebradas Arena,
Rd. #1 Km. 26.0, Rio Piedras, Puerto Rico, 00926. During the class
period, CCI purchased brand Nexium directly from the manufacturer
and also purchased generic Nexium.
The Defendant Ranbaxy Laboratories Limited was a corporation that,
until March 25, 2015, was organized and existed under the laws of
India, with a principal place of business located at Plot 90,
Sector 32, Gurgaon -122001 (Haryana), India. Ranbaxy Labs was the
parent company to the entire Ranbaxy business empire, which was,
until March 2015, the largest generic drug manufacturer in India.
It controlled manufacturing, research, and development, as well as
the conduct and functioning of its Indian-based facilities,
including a facility located at Paonta Sahib, India.
The Defendant Ranbaxy, Inc. is a corporation that is organized and
exists under the laws of the State of Delaware, and has a place of
business located at 600 College Road East, Princeton, New Jersey,
08540. [BN]
The Plaintiff is represented by:
Linda P. Nussbaum, Esq.
Peter E. Moran, Esq.
NUSSBAUM LAW GROUP, P.C.
1211 Avenue of the Americas
40th Floor
New York, NY 10036-8718
Tel: (917) 438-9189
Fax: (917) 438-9204
E-mail: lnussbaum@nussbaumpc.com
pmoran@nussbaumpc.com
RAYMOND JAMES: Loses Motion to Dismiss Class Action
---------------------------------------------------
Alex Padalka, writing for Financial Advisor IQ, reports that a
federal judge in Florida has denied a motion by Raymond James to
dismiss a class action suit alleging the firm charged unauthorized
fees, according to an order filed in the U.S. District Court for
the Southern District of Florida.
In 2015, Jyll Brink filed an action against Raymond James &
Associates on her own behalf and on behalf of other customers, with
an amended class action complaint filed this September, according
to the order.
The action claims RJA charged clients an unauthorized and
unreasonable "processing" fee for executing customer trades in a
commission-free account known as the "Passport Investment Account
Program," according to the order.
The fee was sometimes dubbed "Misc. Fee," according to Brink's
claim. She also claims that while the contract agreement for the
Passport accounts states that procession fees aren't commissions,
the fee contained a markup for profit of up to 1000%, according to
the order.
The fees were therefore transaction-based payments to Raymond
James, and were unauthorized commissions in what were claimed to be
commission-free accounts, according to the claim.
Brink filed a claim for breach of contract and another claim for
negligence, according to the order.
RJA had argued that Brink's claim for breach of contract and
negligence should fail because she had voluntarily paid the
processing fee, according to the order.
The firm also argued that the negligence claim didn't apply because
it was a claim under a private exchange rule not granting a private
right of action, according to the order. But U.S. District Judge
William Dimitrouleas denied Raymond James' motion, with the hearing
for Brink's motion for class certification getting scheduled for
Oct. 19, according to the order. [GN]
REVERA: Lawsuit to Proceed as Mass Tort
---------------------------------------
CTV News reports that a lawsuit alleging negligence at homes
operated by one of Canada's largest long-term care providers will
be discontinued later this year in favour of proceeding as a mass
tort.
Revera, which runs more than 200 nursing and retirement homes
across the country, was sued in 2016.
The class-action suit, which sought $200 million in damages,
alleged that Revera had been negligent in providing care to some of
its residents. Revera denied the allegations.
Markham, Ont.-based lawyer Amani Oakley, Esq. whose firm filed the
lawsuit, said on October 10 that the lawsuit will be discontinued
on Dec. 21, in favour of a mass tort, which means the current 125
individual claims will be grouped and be dealt with by one judge.
Oakley says people can still come forward to join the mass tort,
but suggests they shouldn't delay in order to be sure their time to
take legal action doesn't expire.[GN]
RIPTYDZ HOSPITALITY: Jackman Suit Seeks Unpaid Wages
----------------------------------------------------
A class action lawsuit has been filed against Riptydz Hospitality
Group Inc. The case is styled as Tristan Jackman on behalf of
himself and all others similarly situated, Plaintiff v. Riptydz
Hospitality Group Inc doing business as: RipTydz Oceanfront Grille
& Rooftop Bar, John Does 1-10, Defendants, Case No.
4:18-cv-02934-RBH (D. S.C., Oct. 29, 2018).
The nature of suit is stated as Consumer Credit for Unpaid Wages.
RipTydz Oceanfront Grille & Rooftop Bar is located by the Boardwalk
in the heart of Myrtle Beach. This multi-level restaurant features
seafood, burgers and tons of refreshing cocktails. They offer
indoor and outdoor seating with panoramic views of the ocean.[BN]
The Plaintiff is represented by:
Bruce E Miller, Esq.
Bruce E Miller Law Office
147 Wappoo Creek Drive, Suite 603
Charleston, SC 29412
Phone: (843) 579-7373
Email: bmiller@brucemillerlaw.com
ROCKWATER ENERGY: Baker Sues Over Unpaid Overtime Wages
--------------------------------------------------------
Coye Baker, individually and on behalf of all others similarly
situated, Plaintiff, v. Rockwater Energy Solutions, Inc. and Titan
Test Pumps, LLC, Defendants, Case No. 4:18-cv-04068 (S.D. Tex.,
October 26, 2018) seeks to recover unpaid overtime wages and other
damages from Defendants under the Fair Labor Standards Act.
Defendants paid workers a flat amount for each day worked and
failed to pay them overtime for hours worked in excess of 40 hours
in a workweek, the complaint says.
Plaintiff worked for Defendants as an oilfield contractor and/or
flowback operator.
Rockwater Energy Solutions, Inc. provides fluids management
services and environmental solutions to the oil and gas industry in
North America.
Titan Test Pumps is in the Inspection and Testing Services
business.[BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: 713-352-1100
Facsimile: 713-352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
S&P DATE: Gibson Files Suit in Ohio Alleging FLSA Violation
-----------------------------------------------------------
Domonique Gibson, individually and on behalf of others similarly
situated v. S&P Date Ohio, LLC, Case No. 1:18-cv-02499 (N.D. Ohio,
October 29, 2018), is brought against the Defendant for violations
of the Fair Labor Standards Act, the Ohio Minimum Fair Wage
Standards Act, and the Ohio Prompt Pay Act.
The Plaintiff alleges that the Defendant violated the FLSA by
failing to pay Customer Service Representatives for pre-shift work
including setting up their work stations, booting up their computer
and logging into the company phone system. The Defendant also
improperly deducted time from Customer Service Representatives' pay
for meal breaks with respect to shifts in which they did not
receive a bona fide uninterrupted meal break.
The Plaintiff worked as a Customer Service Representative for the
Defendant from approximately May 2017 through the present.
The Defendant provides business process outsourcing services to
generate more engagement and sales. The Defendant is a company
incorporated in the State of District of Columbia with a
headquarters located at 1500 West 3rd Street, Cleveland, Ohio
44113. [BN]
The Plaintiff is represented by:
Robert E. DeRose, Esq.
Jessica R. Doogan, Esq.
BARKAN MEIZLISH DEROSE
WENTZ MCINERNEY PEIFER, LLP
250 E. Broad Street, 10th Floor
Columbus, OH 43215
Tel: (800) 274-5297
Fax: (614) 744-2300
E-mail: bderose@barkanmeizlish.com
jdoogan@barkanmeizlish.com
SAHOTA FAMILY: SRO Resident Vows To Keep Fighting After Ruling
--------------------------------------------------------------
Dan Fumano, writing for Vancouver Sun, reports that a proposed
class action lawsuit against the owners of Vancouver's most
notorious single-resident occupancy hotels suffered a setback on
October 11 morning.
Jack Gates has vowed to keep fighting.
Gates, the Downtown Eastside resident behind a legal battle seeking
compensation from slumlords on behalf of other tenants, said after
a legal setback on October 11 that he wants to take the fight to
the country's highest court.
On October 11 morning, the B.C. Court of Appeal ruled Gates'
proposed class-action lawsuit against the Sahota family, owners of
several notorious single-resident occupancy hotels, couldn't
proceed as proposed. But by October 11 afternoon, Gates said he'd
already instructed his lawyer he wants to seek leave to appeal to
the Supreme Court of Canada.
"It's not over till it's over," Gates said. "We want to make sure
all these slumlords in this area know that we're not giving up."
Meanwhile, Gates' lawyer, Jason Gratl, Esq. said October 11 ruling
highlights a "jurisdictional gap," and called on the B.C.
government to close what he called "the slumlord loophole" in the
province's tenant protection legislation.
Gates filed the suit in 2016 when he lived at the Regent Hotel, an
SRO owned by the Sahotas and described by city officials as one of
the worst buildings of its kind in Vancouver. The lawsuit seeks
damages and an injunction ordering repairs.
Gates and Gratl sought to have the suit certified as a class
action, so that other tenants of both the Regent and the Balmoral,
another Sahota-owned SRO, could also seek damages from the
landlords.
Legal observers said the proposed class action, believed to be the
first of its kind in B.C., could have major implications for
tenants trying to resolve grievances against landlords of problem
buildings. Members of Vancouver's Sahota family and their
companies, who own a real estate empire worth more than $200
million, are named as defendants.
The Sahotas' lawyer appealed last year, arguing the B.C. Supreme
Court doesn't have jurisdiction to allow a Residential Tenancy Act
dispute to proceed as a class action, and the B.C. Court of Appeal
granted the appeal on October 11.
Gratl said October 11 decision highlights the "jurisdictional gap
in the Residential Tenancy Act that allows egregious mass claims to
slip through the cracks."
"In fact, it looks like the Sahotas' business model is predicated
on the existence of that gap," Gratl said.
In December, Gratl sent a letter to B.C.'s attorney general and
minister of housing, proposing an amendment to the RTA that would
allow for class-action proceedings in B.C. Supreme Court for
tenants seeking compensation for unacceptable living conditions.
Although the proposed class action wasn't allowed to proceed,
Gates' personal civil suit against the Sahotas is before the B.C.
Supreme Court. But, said Gates: "That's not good enough … It's
not about me, it's about everybody's that's suffered in these
buildings. Everybody that went through hell in the Regent and the
Balmoral and other buildings. I just can't give up."
Asked if he was discouraged by October 11 decision, Gates said:
"No. In fact, it makes me want to press even harder. We're all
still in this together, no matter what."
The late reporter John Colebourn of The Province investigated the
plight of the Regent's tenants and landlords two years ago. Then
last year, Vancouver Sun reporter Denise Ryan won an Amnesty
International award for exposing the horrific conditions faced by
Balmoral tenants.
In the two years since Gates filed his suit, the City of Vancouver
has closed both the Balmoral and the Regent, forcing 300 low-income
tenants to be relocated to new homes. In July of this year, the
city took the rare step of filing an expropriation notice, seeking
to wrest control of both hotels from the Sahotas.
In an emailed statement on October 11, City of Vancouver spokesman
Jag Sandhu wrote: "Counsel for the owners of the Regent and the
Balmoral hotels notified the city of their request for an inquiry
into the expropriation in late August. The attorney general's
office appointed an inquiry officer in late September."
The timeline for the start of the inquiry is yet to be determined,
Sandhu said.
Gates said he thought his legal efforts helped put a spotlight on
the Balmoral, the Regent, and the Sahotas, and pressured the city
to act, but, he added: "To me, it's so little, too late … The
city should have cracked down on them years and years ago, but they
just let it keep sliding and sliding."
He was out campaigning on October 11 at Main and Hastings streets,
volunteering for the Coalition of Progressive Electors (COPE), and
trying to get tenants-rights advocates elected to city hall in next
week's municipal election.
COPE, the long-standing left-wing party, issued their own statement
after the October 11 court decision, in which council candidate
Jean Swanson said: "It's more necessary than ever that the city
steps in to protect tenants when the courts fail.
"Landlords have a lot more power than tenants, and this case proves
it," Swanson said. "Virtually no one in the city believes that
tenants should have to put up with the conditions at the Regent
Hotel, yet no level of government or the court is willing to step
in and protect them." [GN]
SANTONI NORTH: Fischler Files Suit Asserting ADA Violation
----------------------------------------------------------
A class action lawsuit has been filed against Santoni North America
LLC. The case is styled as Brian Fischler individually and on
behalf of all other persons similarly situated, Plaintiff v.
Santoni North America LLC, Defendant, Case No. 1:18-cv-09984 (S.D.
N.Y., Oct. 29, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Santoni North America LLC offers handmade Italian shoes for men and
women. It offers the Italian footwear classics, which include
leather monk-strap shoes and polished brogues.[BN]
The Plaintiff is represented by:
Christopher Howard Lowe, Esq.
Lipsky Lowe LLP
630 Third Avenue
New York, NY 10017-6705
Phone: (212) 392-4772
Fax: (212) 444-1030
Email: chris@lipskylowe.com
SCIENCE APPLICATIONS: Perlow Sues BOD for Breach of Fiduciary Duty
------------------------------------------------------------------
Jason Perlow, on behalf of himself and all other similarly situated
stockholders of Science Applications International Corporation v.
Robert A. Bedingfield et al., Case No. 2018-0785 (Del. Ch., October
31, 2018), is brought against the Defendants for breach of
fiduciary duties.
This action arises from breaches of fiduciary duty by the SAIC
Board in connection with the solicitation of stockholder approval
regarding SAIC’s proposed issuance of common stock and the
Company's related acquisition of Engility Holdings Inc.
The Plaintiff is a stockholder of SAIC and has owned SAIC common
stock.
Relevant non-party SAIC is a provider of technical, engineering and
enterprise information technology services primarily to the U.S.
government. SAIC is publicly traded and incorporated in Delaware.
SAIC common stock is listed on the New York Stock Exchange under
the ticker symbol "SAIC," and the Company has its principal
headquarters at 12010 Sunset Hills Road, Reston, Virginia 20190.
The Defendant Robert A. Bedingfield has been a SAIC director since
2013. Other Individual Defendants are members of the board of
directors of SAIC. [BN]
The Plaintiff is represented by:
Peter B. Andrews, Esq.
Craig J. Springer, Esq.
David M. Sborz, Esq.
ANDREWS & SPRINGER LLC
3801 Kennett Pike Bldg C, Suite 305
Wilmington, DE 19807
Tel: (302) 504-4957
SISTERS OF CHARITY: Sexual Abuse Victims Seek Class Action Status
-----------------------------------------------------------------
Francois Gloutnay, writing for Crux Now, reports that the Sisters
of Charity of Quebec said they were "surprised" and "troubled" by
allegations that children who once stayed at the Mont d'Youville
orphanage in Quebec City were sexually abused not only by lay
educators but also by nuns.
The allegations came in a revised petition to the Quebec Superior
Court from a former orphanage resident seeking designation of a
class action lawsuit, the first in Quebec province that named a
women's religious congregation.
The original request for class action by Jean Simard, 56, was
limited to lay educators at the orphanage. Since then, other
alleged victims came forward and on Sept. 24, Simard's attorneys
modified the petition to include some victims who said they had
been abused by nuns.
The nuns "are troubled to hear the allegations of the proceedings
involving their congregation," the religious order said in an Oct.
3 statement from its attorney, Benoit Mailloux, Esq. --
bmailloux@fasken.com
"Before these legal proceedings, the Sisters of Charity of Quebec
had never been informed of such allegations. Their astonishment is
complete," he said.
Simard has alleged that when he was 12, he was "subjected to
systematic and repeated sexual and physical aggression" by
John-Anthony O'Reilly, an educator who was in a position of
authority. Simard claimed that during his stay at the orphanage
from 1973 to 1975, he was beaten with a belt during a "correction
session" each week.
The Sisters of Charity of Quebec operated the orphanage from the
1920s to the 1990s.
The original petition considered that the religious congregation
had been "complicit in its gross negligence, willful blindness, or
camouflage" of the actions of the lay educator.
Attorneys representing Simard indicated that since the initial
request was filed, several other former orphanage residents "have
come forward to denounce abuses of which they have been the
victims, not only from lay workers but also from the nuns."
A woman said she was sexually assaulted by the nun in charge of the
orphanage's laundry when she was 7. "These sexual assaults took
place over a period of one year, once or twice a week," the request
said.
The updated request also targets the Capitale-Nationale's
Integrated University Health and Social Services Center, known as
CIUSSS. The orphanage merged with other social services and became
the Quebec Youth Center in 1996. Since 2015, the Quebec Youth
Center has been part of the CIUSSS.
If the class action is authorized, the attorneys are seeking $2
million in compensation for Simard and an unspecified amount for
the other victims, which may number in the hundreds, the court
filing said.
"Regarding the judicial proceedings brought to our attention today,
we hope that all the light will be shed as soon as possible, both
for the alleged victims and for the nuns of the congregation," said
Jasmin Lemieux-Lefebvre, director of communications at the
Archdiocese of Quebec.
Founded in 1849 by Sister Marie-Anne-Marcelle Mallet, the Sisters
of Charity of Quebec today has 288 members.[GN]
STATE-OWNED ASSETS: Cole Files Product Liability Suit in Oklahoma
-----------------------------------------------------------------
A class action lawsuit has been filed against State-Owned Assets
Supervision and The Administration Commission of the State Council,
et al. The case is styled as Lori Cole, Shawn Cole individually and
on behalf of all others similarly situated, Plaintiffs v.
State-Owned Assets Supervision and The Administration Commission of
the State Council, Taishan Gypsum Co., Ltd. f/k/a Shandong Taihe
Dongxin Co. Ltd. Shandong Taihe Dongxin Co. Ltd., Tai'an Taishan
Plasterboard Co., Ltd., Beijing New Building Materials Public
Limited Co., China National Building Material Co. Ltd., Beijing New
Building Materials (Group) Co. Ltd., China National Building
Materials Group Corporation, Defendants, Case No.
4:18-cv-00562-GKF-FHM (N.D. Okla., Oct. 26, 2018).
The nature of suit is stated as Tort Product Liability.
The State-owned Assets Supervision and Administration Commission of
the State Council, known as just SASAC is a special commission of
the People's Republic of China, directly under the State Council.
Taishan Gypsum Co., Ltd. produces and sells gypsum boards and
frames. It sells its products in China, the United Arab Emirates,
Indonesia, India, the Russian Federation, etc. Taishan Gypsum Co.,
Ltd. was formerly known as Shangdong Taihe Dongxin Company Limited
and changed its name to Taishan Gypsum Co., Ltd. in 2007.
Beijing New Building Materials Public Limited Company manufactures
and sells building materials in Southeast Asia, Africa, and the
Middle East. The company offers drywall and ceiling systems, fiber
floor slabs, paints, plastic piping products, rock and mineral wool
products, light steel keel products, and plasterboards, as well as
doors and windows/profile/hardware products.
China National Building Material Group Co., Ltd. engages in the
research, manufacture, and distribution of building materials in
China. It offers cement, glass, light weight building materials,
glass fibers, composite materials, and refractory materials to
industrial sector.[BN]
The Plaintiffs are represented by:
Darren Mitchell Tawwater, Esq.
Tawwater Law Firm PLLC
14001 QUAIL SPRINGS PARKSWAY
OKLAHOMA CITY, OK 73134
Phone: (405) 607-1400
Fax: (405) 607-1450
Email: dtaw@tawlaw.com
- and -
Larry Alan Tawwater, Esq.
Tawwater Law Firm PLLC
14001 QUAIL SPRINGS PARKSWAY
OKLAHOMA CITY, OK 73134
Phone: (405) 607-1400
Fax: (405) 607-1450
Email: lat@tawlaw.com
STITCH FIX: Kaskela Law Files Securities Class Action Lawsuit
-------------------------------------------------------------
Kaskela Law LLC disclosed that an investor class action lawsuit has
been filed against Stitch Fix, Inc. (NASDAQ: SFIX) ("Stitch Fix" or
the "Company") on behalf of purchasers of the Company's common
stock between June 8, 2018 and October 1, 2018, inclusive (the
"Class Period").
IMPORTANT DEADLINE: Investors who purchased Stitch Fix's common
stock during the Class Period may, no later than December 10, 2018,
seek to be appointed as a lead plaintiff representative of the
investor class.
Investors who purchased the Company's common stock during the Class
Period and suffered a financial loss in excess of $100,000 are
encouraged to contact Kaskela Law LLC (D. Seamus Kaskela, Esq.) at
(888) 715-1740, or skaskela@kaskelalaw.com, to discuss their legal
rights and options. For additional information about this action,
including how to participate in the action, please visit
http://kaskelalaw.com/case/stitch-fix/.
The class action complaint alleges that defendants made materially
false and misleading statements about the strength of the Company's
active client growth, and continued investment in television
advertising and its impact on the Company's financial prospects,
setting high investor growth expectations far beyond what the
Company was actually then experiencing. The complaint further
alleges that, as a result of the foregoing, investors purchased
Stitch Fix's common stock at artificially inflated prices during
the Class Period.
On October 1, 2018, Stitch Fix reported quarterly financial results
that fell short of projected active client growth expectations and
disclosed that the Company had signed up far fewer than expected
new active clients during the quarter. The Company also disclosed
that Stitch Fix's active client count was virtually flat, coming in
at 2.7 million. Following this news, shares of the Company's stock
declined $15.69 per share, or over 35% in value, to close on
October 2, 2018 at $28.94 per share, on heavy trading volume.
Investors who purchased the Company's common stock during the Class
Period and suffered a financial loss in excess of $100,000 are
encouraged to contact Kaskela Law LLC for additional information
about this action and their legal rights and recovery options.
Kaskela Law LLC exclusively represents investors in state and
federal courts throughout the country. For additional information
about Kaskela Law LLC please visit www.kaskelalaw.com.
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]
STITCH FIX: Robbins Geller Files Securities Class Action Suit
-------------------------------------------------------------
Robbins Geller Rudman & Dowd LLP disclosed that a class action has
been commenced on behalf of purchasers of Stitch Fix, Inc. (NASDAQ:
SFIX) common stock during the period between June 8, 2018 and
October 1, 2018 (the "Class Period"). This action was filed in the
Northern District of California and is captioned Sawicki v. Stitch
Fix, Inc., et al., No. 18-cv-6208.
The Private Securities Litigation Reform Act of 1995 permits any
investor who purchased Stitch Fix common stock during the Class
Period to seek appointment as lead plaintiff. A lead plaintiff acts
on behalf of all other class members in directing the litigation.
The lead plaintiff can select a law firm of its choice. An
investor's ability to share in any potential future recovery is not
dependent upon serving as lead plaintiff. If you wish to serve as
lead plaintiff, you must move the Court no later than 60 days from
today. If you wish to discuss this action or have any questions
concerning this notice or your rights or interests, please contact
plaintiff's counsel, Darren Robbins of Robbins Geller at
800/449-4900 or 619/231-1058, or via e-mail at djr@rgrdlaw.com. You
can view a copy of the complaint as filed at
http://www.rgrdlaw.com/cases/stitchfix/.
The complaint charges Stitch Fix and certain of its officers with
violations of the Securities Exchange Act of 1934. Founded in 2011,
Stitch Fix is an online retail fashion subscription service. For
subscription businesses like Stitch Fix, an important business
metric for investors is the number and growth rate of its "active
clients." During 2017 and 2018, Stitch Fix's active client base had
grown dramatically, reaching 2.7 million by the end of the third
quarter of 2018. This growth was due, in large part, to the
Company's prolific television advertising campaign, which it had
launched in 2017.
The complaint alleges that throughout the Class Period, defendants
made materially false and misleading statements and/or failed to
disclose adverse information about Stitch Fix's business and
prospects, including that its active client growth had slowed
dramatically and that defendants had shut down Stitch Fix's
television advertising campaign for much of the fourth quarter of
2018. As a result of defendants' false statements and/or omissions,
the price of Stitch Fix common stock was artificially inflated to
as high as $51.19 per share during the Class Period.
Then on October 1, 2018, after the close of trading, Stitch Fix
reported its fourth quarter 2018 financial results, which fell
short of projected active client growth expectations. In the
Company's press release, it reported 2.7 million active clients,
disclosing that its new active client growth had stalled throughout
the fourth quarter. During the conference call held with investors
later that evening, Stitch Fix conceded that, despite having
reported on June 7, 2018, which was already a third of the way
through the 2018 fourth quarter, that it had grown active clients
by 180,000 quarter-over-quarter to 2.7 million, its active client
growth rate had declined dramatically during the fourth quarter and
remained virtually flat. Also during the call, defendants disclosed
that Stitch Fix had "temporarily ceased [its] national TV campaign
for 10 weeks" during the 13 weeks of the 2018 fourth quarter,
purportedly to "measure channel efficacy," conceding that the
decision had had a negative impact on new client growth during the
quarter. On this news, the price of Stitch Fix stock declined
$15.69 per share, or more than 35%.
Plaintiff seeks to recover damages on behalf of all purchasers of
Stitch Fix common stock during the Class Period (the "Class"). The
plaintiff is represented by Robbins Geller, which has extensive
experience in prosecuting investor class actions including actions
involving financial fraud.
Darren Robbins, Esq.
Robbins Geller
Telephone: 800/449-4900
619/231-1058
Email: djr@rgrdlaw.com [GN]
STUTTERHEIM: Violates ADA, Figueroa Suit Asserts
-------------------------------------------------
A class action lawsuit has been filed against Stutterheim North
America, Inc. The case is styled as Jose Figueroa on behalf of
himself and all others similarly situated, Plaintiff v. Stutterheim
North America, Inc., Defendant, Case No. 1:18-cv-09969 (S.D. N.Y.,
Oct. 29, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Stutterheim creates functional rainwear in the highest quality. All
coats are handmade using the finest craftsmanship and are
characterized by simplicity, functionality and timeless
design.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
SYSTEMS SPECIALISTS: Gilliland Suit Seeks Unpaid OT Wages
---------------------------------------------------------
Katie Gilliland, on her own behalf and on behalf of all others
similarly situated v. Systems Specialists, Inc., Peggy Hurley, and
Patrick Hurley, Case No. 2:18-cv-02763 (W.D. Tenn., October 31,
2018), is brought against the Defendants for violation of the Fair
Labor Standards Act.
The Plaintiff alleges that the Defendants willfully never paid one
and a half times the regular hourly rate of workers for hours in
excess of 40 per week.
The Plaintiff Gilliland was hired by the Defendants as a
receptionist on or around October 16, 2017.
The Defendant Systems Specialists, Inc. is a Tennessee corporation.
[BN]
The Plaintiff is represented by:
J. Wesley Hisaw, Esq.
HOLLAND & HISAW
3010 Goodman Road West, Ste A
Horn Lake, MS 38637
Tel: (662) 342-1333
Fax: (662) 342-7321
E-mail: jwhisaw@hollandlaw.net
TENNESSEE: Class Action Lawsuit Over Medicaid Delays in Trial
-------------------------------------------------------------
Adrian Mojica, writing for Fox 17 News Nasville, reports that a
class action lawsuit against the state of Tennessee over delays in
Medicaid applications went to trial on October 9.
The trial has been years in the making, the suit first filed by The
Southern Poverty Law Center (SPLC) in 2014.
The suit takes aim at state agencies which handle TennCare,
claiming practices by the state 'delay and deny health coverage to
individuals eligible for Tennessee's federally funded Medicaid
program, known as TennCare.'
The suit claims Tennessee had been violating federal law which
deprives thousands of low-income citizens timely access to
essential medical care.
Specifically, the suit claims the state did this by requiring
Tennesseans seeking TennCare to do so through the federal
Marketplace, thus closing the TennCare application process to it's
citizens. Under federal law, states are supposed to have a system
in which citizens can apply directly to the state coverage -- in
this case TennCare -- or submit an application in person. Also, the
suit states sending citizens to the Marketplace caused delays
because the Marketplace was not designed and does not screen for
all eligibility categories.
Since the filing of the suit, an injunction was filed requiring
TennCare officials to hold hearing within 45 days for people who
had unreasonable delays. However, as of 2015, SPLC says 21,000
Tennesseans who requested such hearings did not get responses
withing the 45 day period and some had to allegedly wait as long as
90 days.
The suit was filed on behalf of 11 Tennesseans from across the
state which includes five minors. The defendants in the case
include the Commissioner and Deputy Commissioner of the Tennessee
Department of Finance and Administration which oversees TennCare
and the Commissioner of the Tennessee Department of Human Services,
which performs some TennCare eligibility and enrollment functions.
[GN]
TMAP LLC: Violates Disabilities Act, Says Figueroa Suit
-------------------------------------------------------
A class action lawsuit has been filed against Tmap, LLC. The case
is styled as Jose Figueroa on behalf of himself and all others
similarly situated, Plaintiff v. Tmap, LLC doing business as: Tomas
Maier, Defendant, Case No. 1:18-cv-09975 (S.D. N.Y., Oct. 29,
2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
TMAP, LLC provides clothing, accessories, shoes, and lifestyle
products for men and women worldwide. It offers neck drape, side
drape, wrap, tee, and turtle dresses; accessories, such as belts,
fingerless gloves, scarf with fringes, pom pom hats, and loop pin
stripe shawls; and shoes, such as ballerinas.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
TREVENA INC: Bernstein Liebhard Files Securities Lawsuit
--------------------------------------------------------
Bernstein Liebhard LLP, a nationally acclaimed investor rights law
firm, disclosed that a securities class action lawsuit has been
filed on behalf of those who purchased or acquired the securities
of Trevena, Inc. ("Trevena" or the "Company") (NASDAQ: TRVN)
between May 2, 2016 and October 8, 2018, both dates inclusive (the
"Class Period"). The lawsuit seeks to recover Trevena shareholders'
investment losses.
If you purchased Trevena securities, and/or would like to discuss
your legal rights and options, please visit Trevena Shareholder
Class Action Lawsuit or contact Daniel Sadeh toll free at (877)
779-1414 or dsadeh@bernlieb.com.
According to the lawsuit Trevena misled its shareholders to believe
that its April 28, 2016 End-of-Phase 2 Meeting with the United
States Food and Drug Administration ("FDA") was far more successful
than it actually was. The Company did so by issuing a press release
entitled "Trevena Disclosed Successful End-of-Phase 2 Meeting with
FDA and Outlines Phase 3 Program for Oliceridine," on May 2, 2016,
in which it announced that it had "reached general agreement" with
the FDA on key elements of its Phase 3 program for oliceridine
(TRV130) and was "very pleased" with the outcome of its discussions
with the FDA.
However, in fact, on October 9, 2018, minutes from the FDA's April
28, 2016 meeting with Trevena were released and showed that the
FDA:
"did not agree with the proposed dosing in the Phase 3 studies";
"did not agree with the proposed primary endpoint"; and
"did not agree with the proposed non-inferiority (NI) margin for
comparing morphine to oliceridine."
On this news, Trevena stock fell $2.04 per share, or over 68%, over
the next two trading days to close at $0.947 per share on October
10, 2018, damaging investors.
If you wish to serve as lead plaintiff, you must move the Court no
later than December 10, 2018. A lead plaintiff is a representative
party acting on behalf of other class members in directing the
litigation. Your ability to share in any recovery doesn't require
that you serve as lead plaintiff. If you choose to take no action,
you may remain an absent class member.
If you purchased Trevena securities, and/or would like to discuss
your legal rights and options, please visit
https://www.bernlieb.com/cases/trevena-inc-trvn-lawsuit-class-action-fraud-stock-88/
or contact Daniel Sadeh toll free at (877) 779-1414 or
dsadeh@bernlieb.com.
Since 1993, Bernstein Liebhard LLP has recovered over $3.5 billion
for its clients. In addition to representing individual investors,
the Firm has been retained by some of the largest public and
private pension funds in the country to monitor their assets and
pursue litigation on their behalf. As a result of its success
litigating hundreds of lawsuits and class actions, the Firm has
been named to The National Law Journal's "Plaintiffs' Hot List"
thirteen times and listed in The Legal 500 for ten consecutive
years.
Contact:
Daniel Sadeh, Esq.
Bernstein Liebhard LLP
Telephone: (877) 779-1414
Website: www.bernlieb.com
Email: dsadeh@bernlieb.com [GN]
TREVENA INC: Block & Leviton Files Securities Class Action
----------------------------------------------------------
Block & Leviton LLP, a securities litigation firm representing
investors nationwide, disclosed that it has filed a securities
fraud class action against Trevena, Inc. ("Trevena" or the
"Company") (NASDAQ: TRVN) and certain of its officers alleging
violations of the federal securities laws and encourages
shareholders to contact Block & Leviton ahead of the December 10,
2018 lead plaintiff deadline.
The complaint, filed in the United States District Court Eastern
District of Pennsylvania, captioned Tomaszewski v. Trevena, Inc. et
al., Case No. 2:18-cv-04378, alleges that between May 2, 2016 and
October 8, 2018, inclusive (the "Class Period"), Defendants made
false and/or misleading statements, as well as failed to disclose
material adverse facts about the Company's business, operations,
and prospects. Specifically, Trevena misled its shareholders to
believe that its April 28, 2016 End-of-Phase 2 Meeting with the
United States Food and Drug Administration ("FDA") was far more
successful than it actually was. The Company did so by issuing a
press release entitled "Trevena Disclosed Successful End-of-Phase 2
Meeting with FDA and Outlines Phase 3 Program for Oliceridine," on
May 2, 2016, in which it announced that it had "reached general
agreement" with the FDA on key elements of its Phase 3 program for
oliceridine (TRV130) and was "very pleased" with the outcome of its
discussions with the FDA. In fact, FDA minutes from its April 28,
2016 meeting with the Company show that the FDA:
"did not agree with the proposed dosing in the Phase 3 studies";
"did not agree with the proposed primary endpoint"; and
"did not agree with the proposed non-inferiority (NI) margin for
comparing morphine to oliceridine"
As a result of Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, Plaintiff and other Class Members have suffered
significant losses and damages.
If you purchased TRVN shares between May 2, 2016 and October 8,
2018 and wish to serve as a lead plaintiff, you must move the Court
no later than December 10, 2018.
If you wish to become involved in the litigation or have questions
about your legal rights, you are encouraged to contact attorneys
John DeFelice or Jake Walker at (888) 868-2385, by email at
john@blockesq.com or jake@blockesq.com, or by visiting
http://shareholder.law/trevena.
Confidentiality to whistleblowers or others with information
relevant to this investigation is assured.
The court in which this case is pending is located at 601 Market
Street, Philadelphia, PA 19106.
John DeFelice, Esq.
BLOCK & LEVITON LLP
155 Federal Street, Suite 400
Boston, MA 02110
Telephone: (617) 398-5600
Email: john@blockesq.com [GN]
TREVENA INC: Bronstein Gewirtz Files Securities Class Action
------------------------------------------------------------
Bronstein, Gewirtz & Grossman, LLC, notified investors that a class
action lawsuit has been filed Trevena, Inc. ("Trevena" or the
"Company") (NASDAQ: TRVN) and certain of its officers, on behalf of
shareholders who purchased or otherwise acquired Trevena securities
between May 2, 2016 and October 8, 2018, inclusive (the "Class
Period"). Such investors are encouraged to join this case by
visiting the firm's site: www.bgandg.com/trvn.
This class action seeks to recover damages against Defendants for
alleged violations of the federal securities laws under the
Securities Exchange Act of 1934.
The Complaint alleges that throughout the Class Period, Defendants
misled shareholders to believe that the April 28, 2016 End-of-Phase
2 Meeting with the United States Food and Drug Administration
("FDA") was more successful than it really was. On May 2 2016,
Trevena published a report, "Trevena Disclosed Successful
End-of-Phase 2 Meeting with FDA and Outlines Phase 3 Program for
Oliceridine," and said that it had "reached general agreement" with
the FDA on key elements of its Phase 3 program for oliceridine
(TRV130) and was "very pleased" with the FDA discussions and
outcome. However, on October 9, 2018, information from the Company
and the FDA's April 28, 2016 meeting were released and showed that
the FDA: (1) "did not agree with the proposed dosing in the Phase 3
studies"; (2) "did not agree with the proposed primary endpoint";
and (3) "did not agree with the proposed non-inferiority (NI)
margin for comparing morphine to oliceridine." Following this news,
Trevena stock dropped $2.04 per share, or over 68%, over the next
two trading days to close at $0.947 per share on October 10, 2018.
A class action lawsuit has already been filed. If you wish to
review a copy of the Complaint you can visit the firm's site:
www.bgandg.com/trvn or you may contact Peretz Bronstein, Esq. or
his Investor Relations Analyst, Yael Hurwitz of Bronstein, Gewirtz
& Grossman, LLC at 212-697-6484. If you suffered a loss in Trevena
you have until December 10, 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.
Peretz Bronstein, Esq.
Yael Hurwitz, Esq.
Bronstein, Gewirtz & Grossman, LLC
Telephone: 212-697-6484
Email: peretz@bgandg.com [GN]
TREVENA INC: Robbins Arroyo Files Securities Class Action
---------------------------------------------------------
Shareholder rights law firm Robbins Arroyo LLP disclosed that
purchasers of Trevena, Inc. (NasdaqGS: TRVN) have filed a class
action complaint against the company's officers and directors for
alleged violations of the Securities Exchange Act of 1934 between
May 2, 2016 and October 8, 2018. Trevena, a biopharmaceutical
company, develops therapies based on breakthrough science to
benefit patients and healthcare providers confronting serious
medical conditions. Trevena's product candidate, known as
oliceridine, is designed to treat pain intravenously.
View this information on the law firm's Shareholder Rights Blog:
https://www.robbinsarroyo.com/trevena-inc/
Trevena Accused of Lying to Investors About Critical FDA Meeting
for Over Two Years
According to the complaint, Trevena led shareholders to believe
that the company's April 2016 End-of-Phase 2 meeting with the U.S.
Food and Drug Administration ("FDA") was more successful than it
actually was. Trevena stated that it had reached an agreement with
the FDA on key elements of its Phase 3 program for oliceridine and
that the company was "very pleased" with the outcome. However, on
October 9, 2018, two days before Trevena's meeting with the FDA to
discuss whether oliceridine would be approved for commercial use,
the FDA released meeting minutes from the April 2016 meeting
revealing that the FDA did not agree with the proposed dosing in
the Phase 3 studies, among other things. On this news, Trevena's
stock plummeted 64% to close at $1.07 per share on October 9, 2018,
and continues to decline.
Trevena Shareholders Have Legal Options
Concerned shareholders who would like more information about their
rights and potential remedies can contact attorney Leonid Kandinov
at (800) 350-6003, LKandinov@robbinsarroyo.com, or via the
shareholder information form on the firm's website.
Leonid Kandinov, Esq.
Robbins Arroyo LLP
Telephone: (619) 525-3990
Toll Free: (800) 350-6003
Website: www.robbinsarroyo.com
Email: LKandinov@robbinsarroyo.com [GN]
UNITED AIRLINES: Pilots Class and Subclasses Certified in "Moss"
----------------------------------------------------------------
The Honorable Thomas M. Durkin granted, in accordance with the
Court's opinion, the Plaintiff's motion for class certification in
the lawsuit styled MICHAEL MOSS, individually and on behalf of all
others similarly situated v. UNITED AIRLINES, INC.; UNITED
CONTINENTAL HOLDINGS, INC.; and CONTINENTAL AIRLINES, INC., Case
No. 1:16-cv-08496 (N.D. Ill.).
Michael Moss alleges that pilots for the Defendants were deprived
of sick time accrual, vacation time accrual, and pension payments,
during military leave in violation of the Uniformed Services
Employment and Reemployment Rights Act of 1994 ("USERRA").
For reasons stated in the Court's order, the Motion is granted in
accordance with the class definition modifications described in the
Order. The Court finds that the Plaintiff has proved each
requirement of Rule 23 of the Federal Rules of Civil Procedure by a
preponderance of the evidence and classes will be certified in this
case. The parties' disputes concern details of the class
definitions, which are addressed in the Order.
The sick time accrual class is defined as:
All past and present pilots employed by the Company from
April 1, 2005, to the present, who: (i) did not accrue sick
time while on periods of military leave from April 1, 2005,
to the present; and (ii) were not at the maximum sick leave
accrual level of 1,300 hours at the time of their military
leave(s) of absence or at any time thereafter.
The vacation time subclass is defined as:
All past and present pilots employed by the Company from
April 1, 2005, to the present, who did not accrue vacation
time while on periods of military leave from April 1, 2005,
to the present.
The pension pay subclass is defined as:
Those pilots employed by the Company who: (i) received a
capped pay longevity credit for furloughees under Paragraph
4 of UPA LOA 25; (ii) took military leave at any point
during the period from December 1, 2012 to January 31, 2016;
and (iii) received a pension contribution under Paragraph C
of LOA 38 on or about April 1, 2016 based on actual pay
received from December 1, 2012 through January 31, 2016.
The Court states that it adopts this definition of the pension pay
subclass with one caveat.
Judge Durkin notes that the parties did not address in their briefs
the significance of the April 1, 2016 date, and the Court does not
see it in the complaint. Judge Durkin says that the parties should
be prepared to explain the significance of the date at the next
status hearing, including whether Defendants object to the addition
of the "on or about" language. The Court may reconsider the
definition in light of what the Court learns from the parties at
the hearing.[CC]
UNITED STATES : 3rd Cir. Appeal Filed in Stewart Suit v. Postmaster
-------------------------------------------------------------------
Plaintiff Dorothy M. Stewart filed an appeal from a court ruling in
the lawsuit entitled Dorothy Stewart v. United States Postmaster
General, Case No. 3-17-cv-00167, in the U.S. District Court for the
District of New Jersey.
As previously reported in the Class Action Reporter, the Plaintiff
asserts claims on behalf of herself and purported class members
for: (1) violations of her right to procedural due process related
to her suspension and constructive removal; (2) denial of
procedural rights under Chapter 75 of the Civil Service Reform Act
of 1978 and under 5 C.F.R. Part 752; (3) violations of the
Rehabilitation Act of 1973 and (4) violations of the Americans with
Disabilities Act of 1990.
The appellate case is captioned as Dorothy Stewart v. United States
Postmaster General, Case No. 18-3262, in the United States Court of
Appeals for the Third Circuit.[BN]
Plaintiff-Appellant DOROTHY M. STEWART, On behalf of herself and
all others similarly situated, is represented by:
Dennis L. Friedman, Esq.
1515 Market Street
Philadelphia, PA 19102
Telephone: (215) 567-4600
E-mail: danielfriedman1@gmail.com
Defendant-Appellee UNITED STATES POSTMASTER GENERAL is represented
by:
Christopher Amore, Esq.
OFFICE OF UNITED STATES ATTORNEY
970 Broad Street, Room 700
Newark, NJ 07102
Telephone: (973) 645-2757
E-mail: christopher.amore@usdoj.gov
VANDERBILT UNIVERSITY: Court Certifies Class of Plan Beneficiaries
------------------------------------------------------------------
In the class action suit captioned as LOREN L. CASSELL, et al., the
Plaintiffs, vs. VANDERBILT UNIVERSITY, et al., the Defendants, Case
No. 3:16-cv-2086 (M.D. Tenn.), the Hon. Judge Crenshaw certifies a
class of:
"all participants and beneficiaries of the Plan, excluding
Defendants, from August 10, 2010, through the date of any judgment
in this case."
In addition, the Court appoints Loren L. Cassell, Pamela M. Steele,
John E. Rice, Penelope A. Adgent, Dawn E. Crago and Lynda Payne as
class representatives, and Schlichter, Bogard & Denton LLP as class
counsel.[CC]
WALMART INC: Asks Court to Grant Initial Approval of Settlement
---------------------------------------------------------------
Walmart Inc. said in its Form 8-K filing with the U.S. Securities
and Exchange Commission filed on October 26, 2018, 2018, that on
October 26, 2018, that the company and the City of Pontiac General
Employees' Retirement System ("PGERS") announced that they have
filed papers asking the U.S. District Court for the Western
District of Arkansas to grant preliminary approval of their
proposed settlement of the securities class action lawsuit, filed
in 2012, known as City of Pontiac General Employees' Retirement
System v. Wal-Mart Stores, Inc., No. 12-cv-05162.
The $160 million proposed settlement, which is subject to court
approval, would pay for claims alleging violations of Sections
10(b) and 20(a) of the Securities Exchange Act of 1934, as well as
the costs of administration and legal fees and expenses. PGERS
represents a class of shareholders who purchased or acquired
Walmart stock between December 8, 2011, and April 20, 2012.
The proposed settlement does not include or constitute an
admission, concession, or finding of any fault, liability, or
wrongdoing by the Company or any defendant.
Walmart Inc. engages in the retail and wholesale operations in
various formats worldwide. The company operates through three
segments: Walmart U.S., Walmart International, and Sam's Club. It
operates supercenters, supermarkets, hypermarkets, warehouse clubs,
cash and carry stores, discount stores, drugstores, and convenience
stores; membership-only warehouse clubs; e-commerce Websites, such
as walmart.com, jet.com, hayneedle.com, shoes.com, moosejaw.com,
modcloth.com, bonobos.com, and samsclub.com; and mobile commerce
and voice-activated commerce applications. The company was formerly
known as Wal-Mart Stores, Inc. and changed its name to Walmart Inc.
in February 2018. Walmart Inc. was founded in 1945 and is based in
Bentonville, Arkansas.
WANT RETAIL: Faces Fischler Class Suit in New York
--------------------------------------------------
A class action lawsuit has been filed against Want Retail (West
4th), Inc. et al. The case is styled as Brian Fischler individually
and on behalf of all other persons similarly situated, Plaintiff v.
Want Retail (West 4th), Want Apparel Retail Management (New York),
Inc., Defendants, Case No. 1:18-cv-06025 (E.D. N.Y., Oct. 28,
2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Want Apparel Retail Management is a designer fashion and luxury
skincare & fragrances online shop.[BN]
The Plaintiff is represented by:
Christopher Howard Lowe, Esq.
Lipsky Lowe LLP
630 Third Avenue
New York, NY 10017-6705
Phone: (212) 392-4772
Fax: (212) 444-1030
Email: chris@lipskylowe.com
WORLDPAC INC: Faces Torres Suit in Cal. Super. Ct.
--------------------------------------------------
Bank of Worldpac Inc. is facing a class action lawsuit in
California state court. The case is styled as Marco Torres and
Angel Peraza on behalf of themselves and all others similarly
situated, Plaintiff v. Worldpac Inc., Defendant, Case No.
56-2018-00519306-CU-OE-VTA (Cal. Super. Ct., Ventura Cty., Oct. 26,
2018).
WORLDPAC, Inc. imports and distributes original equipment (OE) and
aftermarket replacement automotive parts for the independent
service professionals. It offers brake systems, cooling systems,
exhaust systems, and clutches, as well as air conditioning/heating,
electrical, emissions and fuel, engine, maintenance, suspension,
transmission, and other products.[BN]
The Plaintiff is represented by:
Kevin T. Barnes, Esq.
Law Offices of Kevin T. Barnes
1635 Pontius Avenue, Second Floor
Los Angeles, CA 90025
Phone: +1 323-549-9100
*********
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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Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2018. All rights reserved. ISSN 1525-2272.
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