/raid1/www/Hosts/bankrupt/CAR

/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 Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2018. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***