/raid1/www/Hosts/bankrupt/CAR_Public/181203.mbx
C L A S S A C T I O N R E P O R T E R
Monday, December 3, 2018, Vol. 20, No. 241
Headlines
ACT INC: Bais Yaakov Appeals D. Mass. Decision to First Circuit
ALLIANT CAPITAL: Wilhelm Files FDCPA Suit in E.D. New York
ALTICE USA: Faces Lapoint Suit in New York Supreme Court
ASPEN NATIONAL: Faces Ellingson FDCPA Class Action in Florida
BJ'S WHOLESALE: Faces Dicarlo Suit for ADA Breach
CANADA: MCFD Responds to Allegations Against Social Worker
CANADIAN HOCKEY: Doug Ford Supports Players' Miclassification Suit
CHAMPION PETFOODS: Blackburn Suit Removed to S.D. Iowa
CHAMPION PETFOODS: Pet Food Contain Harmful Metals, Says Zarinebaf
CHARTER COMMUNICATIONS: Geiger Moves to Certify Class, Subclasses
CLIENT SERVICES: Class Certification Sought in Mollberg Suit
CLIENT SERVICES: Donaeva Sues Over Debt Collection Practices
CLIENT SERVICES: Potapova Files Class Action Under FDCPA
COLLEGE OF ST. ROSE: Camacho Files ADA Suit in New York
COMMONWEALTH FINANCIAL: Timoshenko Files FDCPA Class Suit
CONNECTICUT: Seeks 2nd Circuit Review of Ruling in Vega Suit
COSTCO WHOLESALE: Guterman Appeals Suit Dismissal to 2nd Cir.
CREDIT CONTROL: Qureshi Files FDCPA Class Action
CULINARY EXPERTS: Molina Sues Over Unpaid Regular, Overtime Wages
DF MARINA: La Rock Class Suit Brought Before N.Y. Sup. Ct.
ENDO INTERNATIONAL: Appeal over Dismissal of Friedman Suit Underway
ENDO INTERNATIONAL: Bid for Class Cert. in Miss. PERS Still Pending
ENDO INTERNATIONAL: Bid to Dismiss Pelletier Class Suit Pending
ENDO INTERNATIONAL: Bid to Drop Bier Class Lawsuit Still Pending
ENDO INTERNATIONAL: Still Defends Lawsuits over Opioid Sales
ENDO INTERNATIONAL: Still Defends Makris Class Suit in Canada
ENDO INTERNATIONAL: Still Faces Generic Drugs Price-Fixing Suits
ENDO INTERNATIONAL: Unit Faces Suit v. Marion Diagnostic Center
ENDO INTERNATIONAL: Vaginal Mesh-Related Suits Still Ongoing
FAFS CORP: Burroughs Sues Over Unpaid Overtime Wages
FELICIAN UNIVERSITY: Violates ADA, Camacho Suit Asserts
FIVE TOWNS COLLEGE: Violates ADA, Camacho Suit Asserts
FTD COMPANIES: Jan. 2 Deadline to Appeal EasySavers Deal
GARDA CL SOUTHEAST: Santana Hits Workplace Sexual Harassment
GEMSTONE SUPERMARKETS: Rivera Suit Seeks Unpaid Overtime Premiums
GENPACT SERVICES: Violates FDCPA, Bakhturidze Suit Asserts
GEORGIAN COURT UNIVERSITY: Camacho Brings Suit in NY for ADA Breach
GETTYSBURG COLLEGE: Sued for Disabilities Act Violation
GREY WOLF: Ottenweller Seeks Unpaid Wages for Delivery Drivers
HEALTHY & BEAUTY: Jing Wang Files FLSA Suit in New Jersey
HIGHGATE HOTELS: Olsen Files ADA Suit in New York
HILTON GRAND: Glasser Appeals Ruling in TCPA Suit to 11th Circuit
HOME BREW MART: Denied Workers Overtime Pay, Jankeel Suit Asserts
INFINITY INSURANCE: Lowenthal Appeals C.D. Cal. Order to 9th Cir.
IOVATE HEALTH: Second Circuit Appeal Filed in Hu Class Suit
KENDRA SCOTT: Website not Accessible to Blind, Garey Says
LAFAYETTE 148: Garey Files ADA Class Suit in S.D.N.Y.
LAWRENCE UNIVERSITY: Breaches ADA, Camacho Suit Alleges
LDWB LLC: Class of Servers Certified Under FLSA in Hoff Suit
LONGSON PROPERTIES: Honeywell Suit Asserts Disabilities Act Breach
LOYOLA UNIVERSITY: Faces Lawsuit in NY Under ADA
MANHATTANVILLE COLLEGE: Camacho Sues for Breach of Disabilities Act
MARRIOTT INT'L: Faces Lawsuit Over Royal Hawaiian Strike
MDL 2724: Endo's Bid to Dismiss Denied in Part
MDL 2724: Perrigo Bid to Dismiss Price Fixing Suit Denied in Part
MIMI FROCKS: Garey Sues Boutique Under Disabilities Act
MOLTON BROWN: Figueroa Files Class Action Under Disabilities Act
MONEYGRAM INT'L: Rosen Law Firm Investigates Securities Claims
MOSCOT.COM LLC: Eyewear Seller Sued in NY for ADA Violation
MUHLENBERG COLLEGE: Camacho Brings Class Action Under ADA
NATIONAL STORAGE: Ornelas Files Suit in Cal. Super. Ct.
NATIONWIDE CREDIT: Certification of Class Sought in Wood Suit
NAZARETH COLLEGE: Faces Camacho ADA Class Action in S.D.N.Y.
NEMO TILE: Violates ADA, Figueroa Suit Says
NEW YORK SHAVING: Figueroa Files ADA Class Suit
NEW YORK: Kreh Appeals N.D. New York Decision to Second Circuit
NUTRAKEY LLC: Faces Product Liability Suit in Calif. Ct.
OFFICE DEPOT: Alvarez Moves to Certify Class and Three Subclasses
PAM TRANSPORT: Browne Seeks to Certify Drivers Class & Subclasses
PARACHUTE HOME: Bunting Sues Over ADA Breach in New York
PERRIGO CO: Continues to Defend Roofers' Pension Fund Suit
PERRIGO COMPANY: Still Defends Eltroxin-Related Suit
PERRIN PARIS: Figueroa Sues Leather Goods Manufacturer
PIAZZA & ASSOCIATES: Mary West Files ADA Class Action
PORTFOLIO RECOVERY: Moreland Suit Alleges FDCPA Violation
PREFERRED STAFFING: Class of Workers Certified in Sanford Suit
PROGRESSIVE BUSINESS: Abante Rooter Sues Over TCPA Violation
PROVIDENT ATLANTIC: Honeywell Files ADA Suit in Fla.
PRUCO LIFE: Behfarin Moves to Certify Insureds Class & Sub-Class
PURDUE PHARMA: Kenaitze Indian Tribe Files RICO Suit in Alaska
RAYONIER ADVANCED: Bid to Dismiss Warren Employees' Suit Pending
RED ROBIN: Seeks Ninth Circuit Review of Ruling in Vigueras Suit
SAGAMORE HOME: Koeberlein Seeks Minimum & Overtime Pay under FLSA
SELIP & STYLIANOU: Violates Fair Debt Collection Act, Says Galloway
STEVENS INSTITUTE: Camacho Files ADA Class Action in NY
STEVENSON UNIVERSITY: Faces Camacho ADA Class Action in New York
SUCCESS PARTNERS: Violates Disabilities Act, Sullivan Suit Says
TREVOR MOSS: Araya Files Bid for Subpoena
TRUE EARTH HEALTH: Conner Files ADA Class Action in S.D.N.Y.
UNITED HEALTHCARE: Smith Sues Over Reduced Healthcare Claims
UNITED STATES: Five Classes of Refugees Certified in Lucas R Suit
UNITEDHEALTH GROUP: Trujillo's Renewed Class Cert. Bid Denied
UNITEDHEALTHCARE: Amy G Moves for Class Certification Under ERISA
UNIVERSITY OF HARTFORD: Faces Camacho ADA Class Action in NY
UNIVERSITY OF NEW HAVEN: Camacho Suit Asserts ADA Breach
UNO EXPRESS: Anselmo Sues Over Unpaid Minimum, Overtime Wages
VARIDESK: Sullivan Sues Office Furniture Maker Under ADA
VINEGAR HILL: Cardoza Sues Over Unpaid Minimum Wages
VIRTU FINANCIAL: Still Defends Chester Employees' Retirement Suit
WELLS FARGO: Settles RMBS Trustee Litigation for $43MM
WORTH COLLECTION: Garey Brings ADA Class Action in S.D.N.Y.
ZALE DELAWARE: Lovette Sues over Jewelry Repair Service
*********
ACT INC: Bais Yaakov Appeals D. Mass. Decision to First Circuit
---------------------------------------------------------------
Plaintiff Bais Yaakov of Spring Valley filed an appeal from a court
ruling in its lawsuit entitled Bais Yaakov of Spring Valley v. ACT,
Inc., Case No. 4:12-cv-40088-TSH, in the U.S. District Court for
the District of Massachusetts, Worcester.
As reported in the Class Action Reporter on Nov. 23, 2018, Judge
Timothy S. Hillman denied the Plaintiff's motion to certify two
classes.
The Plaintiff brought the putative class action against the
Defendant alleging violation of the Telephone Consumer Protection
Act ("TCPA") for faxing unsolicited advertisements without an
opt-out provision. The Plaintiff sought certification of these two
classes:
i. Class A comprises all persons in the United States from
July 30, 2008 through July 30, 2012 to whom the Defendant
sent or caused to be sent an unsolicited facsimile
advertisement, the commercial availability or quality of
any property, goods, or services, which contained no
opt-out notice; and
ii. Class B includes all persons in the United States from
July 30, 2008 through July 30, 2012 to whom the Defendant
sent or caused to be sent a facsimile advertisement,
advertising the commercial availability or quality of any
property, goods, or services, which contained no opt-out
notice.
The appellate case is captioned as Bais Yaakov of Spring Valley v.
ACT, Inc., Case No. 18-8023, in the United States Court of Appeals
for the First Circuit.[BN]
Plaintiff-Petitioner BAIS YAAKOV OF SPRING VALLEY, on behalf of
itself and all others similarly situated, is represented by:
Aytan Yehoshua Bellin, Esq.
BELLIN & ASSOCIATES LLC
50 Main Street
White Plains, NY 10606
Telephone: (914) 358-5345
E-mail: aytan.bellin@bellinlaw.com
- and -
Matthew P. McCue, Esq.
LAW OFFICE OF MATTHEW P. MCCUE
1 South Avenue
Natick, MA 01760
Telephone: (508) 655-1415
E-mail: mmccue@massattorneys.net
Defendant-Respondent ACT, INC., is represented by:
Robert A. Burgoyne, Esq.
PERKINS COIE LLP
700 13th Street NW, Suite 600
Washington, DC 20005-3960
Telephone: (202) 654-1744
E-mail: RBurgoyne@perkinscoie.com
- and -
Robert L. Leonard, Esq.
DOHERTY WALLACE PILLSBURY & MURPHY PC
1414 Main Street, Suite 1900
Springfield, MA 01144-1002
Telephone: (413) 733-3111
E-mail: Rleonard@dwpm.com
ALLIANT CAPITAL: Wilhelm Files FDCPA Suit in E.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Alliant Capital
Management LLC. The case is styled as Chava Wilhelm on behalf of
herself and all other similarly situated consumers, Plaintiff v.
Alliant Capital Management LLC, Defendant, Case No. 1:18-cv-06568
(E.D. N.Y., Nov. 18, 2018).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Alliant Capital Management LLC is a registered investment
adviser.[BN]
The Plaintiff is represented by:
Maxim Maximov, Esq.
Maxim Maximov, LLP
1701 Avenue P
Brooklyn, NY 11229
Phone: (718) 395-3459
Fax: (718) 408-9570
Email: m@maximovlaw.com
ALTICE USA: Faces Lapoint Suit in New York Supreme Court
--------------------------------------------------------
A class action lawsuit has been filed against Altice USA. The
lawsuit is captioned as BRIAN LAPOINT, INDIVIDUALLY AND ON BEHALF
OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, the Plaintiff, vs.
ALTICE USA, INC. ET AL , ALTICE EUROPE N.V. (F/K/A ALTICE N.V.),
PATRICK DRAHI, JEREMIE JEAN BONNIN, ABDELHAKIM BOUBAZINE, MICHEL
COMBES, DAVID P. CONNOLLY, DEXTER G. GOEI, VICTORIA M. MINK, MARK
CHRISTOPHER MULLEN, DENNIS OKHUIJSEN, LISA ROSENBLUM, CHARLES F.
STEWART, RAYMOND SVIDER, GOLDMAN SACHS & CO. LLC, J.P. MORGAN
STANLEY & CO. LLC, CITIGROUP GLOBAL MARKETS, MERILL LYNCH ETAL ,
PIERCE, FENNER & SMITH, INC., BARCLAYS CAPITAL INC., BNP PARIBAS
SECURITIES CORP., CREDIT AGRICOLE SECURITIES (USA) INC., DEUTSCHE
BANK SECURITIES INC., RBC CAPITAL MARKETS, LLC, SCOTIA CAPITAL
(USA) LLC, SG AMERICAS SECURITIES LLC, AND TD SECURITIES (USA) LLC,
the Defendants, Case No. 710845/2018 (N.Y. Sup. Ct., Oct. 26,
2018). The case is assigned to the Hon. Judge Joseph.
Altice USA is an American cable television provider/multiple system
operator with headquarters in New York City, with broadband, pay
television, telephone services, Wi-Fi hotspot access, proprietary
content and advertising services to approximately 4.9 million
residential and business customers in 21 states.[BN]
Attorneys for Plaintiff:
SCOTT & SCOTT ATTORNEYS AT LAW
230 Park Avenue, 17th FL
New York, NY 10169
Telephone: (212) 233-6444
- and -
HEDIN HALL LLP
Four Embarcadero Center,
San Francisco, CA 94101
Telephone: (415) 766-3534
- and -
SHUMAN LAW FIRM
Montgomery Street, Ste 1800
San Francisco, CA 94104
Telephone: (303) 861-3003
Attorneys for Defendants:
SHEARMAN & STERLING, Esq.
599 Lexington Avenue
New York, NY 10022
Telephone: (212) 848-4689
- and -
PAUL WEISS RIFKIND WHA
1285 Avenue of the Americas
New York, NY 10019
ASPEN NATIONAL: Faces Ellingson FDCPA Class Action in Florida
-------------------------------------------------------------
A class action lawsuit has been filed against Aspen National
Financial, Inc. The case is styled as David Ellingson, Frances
Ellingson on behalf of themselves and all others similarly
situated, Plaintiffs v. Aspen National Financial, Inc. doing
business as: Aspen National Collections, Defendant, Case No.
6:18-cv-01994-RBD-GJK (M.D. Fla., Nov. 19, 2018).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Aspen National Collections is a national debt collection agency
with specialized expertise in consumer debt collections for
companies involved in timeshare or vacation ownership resorts,
educational loans, utility cooperatives and other niches.[BN]
The Plaintiffs are represented by:
Brian P. Parker, Esq.
DC Capital Law, LLP
700 12th Street NW, Suite 700
Washington, DC 20005
Phone: (202) 888-1144
Fax: (248) 642-8875
Email: brianparker@collectionstopper.com
BJ'S WHOLESALE: Faces Dicarlo Suit for ADA Breach
-------------------------------------------------
A class action lawsuit has been filed against BJ's Wholesale Club,
Inc. The case is styled as David Dicarlo on behalf of himself and
all others similarly situated, Plaintiff v. BJ's Wholesale Club,
Inc., Case No. 1:18-cv-10743 (S.D. N.Y., Nov. 16 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
BJ's Wholesale Club Inc. operates warehouse clubs and gas stations
in the eastern United States. The company's warehouse clubs provide
electronics, computers, office supplies, home and seasonal
products, organic foods and meat, sports equipment, toys, baby
products, health and beauty supplies, and jewelry. It also sells
products online.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Lee Litigation Group, PLLC
30 East 39th Street
2nd Floor
New York, NY 10016
Phone: (212) 465-1188
Fax: (212) 465-1181
Email: cklee@leelitigation.com
CANADA: MCFD Responds to Allegations Against Social Worker
----------------------------------------------------------
Simon Little, writing for Global News, reports that the Ministry of
Children and Family Development (MCFD) says a Kelowna social worker
accused of stealing money from teens in government care is no
longer a public employee.
The ministry says it has also implemented new internal financial
controls aimed at ensuring money is not misappropriated.
According to a civil lawsuit filed in the Okanagan city, Robert
Riley Saunders is alleged to have opened a joint bank account with
a First Nations teen in his care in early 2016, allegedly taking
government funds meant for the youth to use for his own purposes.
The teen eventually ended up in a transient and sometimes homeless
living situation.
The suit further claims that Saunders engaged in similar activities
with respect to dozens of other minors in his care, many of them
Indigenous.
The suit names the MCFD, the director of child welfare and the
financial institution where the account was opened, and a proposed
class-action lawsuit has also been launched in a Vancouver court.
On November 7, Katrine Conroy, the minister responsible, deferred
questions on the matter, citing a publication ban in the case.
On November 9, the MCFD said the ban had been lifted and that it
could now say that the "individual in question" no longer works for
the public service.
The ministry laid out a timeline of its response, acknowledging it
became aware of and referred financial irregularities to the Office
of the Comptroller General (OCG) in December 2017, saying "steps
were taken" the following January to ensure the well-being of youth
who may have been affected.
It says the Office of the Provincial Director of Child Welfare
launched a special review in the wake of the incident, that the
Public Guardian and Trustee was notified in March and that reports
for all affected children have been shared with the province's
Representative for Children and Youth (RCY).
The ministry further said the OCG launched an investigation in
January to determine if there was evidence of fraud and hired a
financial consulting firm to review internal financial controls.
A key recommendation of that probe was the implementation of a new
system that would prevent a single staff member from initiating and
printing cheques, the ministry said.
The ministry says a second review is being launched into how it
handles contracting and payments, along with a strategy to cut down
on the use of cheques entirely.
The ministry says that with the publication ban lifted, it is now
also able to share more information on the issue with the RCY, the
Ombudsperson, the Public Guardian and Trustee and the Office of the
Information and Privacy Commissioner.
Global News has requested comment from the Representative for
Children and Youth.
Saunders could not be reached for comment.
Saunders and the other parties named in the suit have three weeks
to respond to the notice of civil claim.
None of the allegations have been proven in court.[GN]
CANADIAN HOCKEY: Doug Ford Supports Players' Miclassification Suit
------------------------------------------------------------------
Ottawa Citizen reports that lawyers representing players in a
class-action lawsuit against the world's premier major-junior
hockey league are speaking out after Doug Ford's Progressive
Conservative government threw its support behind the Ontario Hockey
League's push to re-affirm its players as amateur athletes.
"It is apparent that the OHL . . . is putting its significant
resources and its many powerful connections into a full-scale
attempt to ensure that their players, unlike their other employees,
are denied basic workers protection," reads the letter signed by
lawyers at Goldblatt Partners, one of the firms representing
players in a $180-million class-action suit against the Canadian
Hockey League, which includes the OHL.
The letter is addressed to Premier Doug Ford and cabinet ministers
Michael Tibollo and Laurie Scott.
"We hope and trust that you will consider the plight of the junior
hockey players, and not only the self-interested submissions of the
owners," the letter continues.
"In the class action, the players are seeking simply to be
recognized as employees -- employees entitled to the protection of
existing minimum standard legislation -- the entitlement to a
minimum wage, overtime pay and other basic workplace protections
that all other employees in Ontario enjoy."
OHL Commissioner David Branch had penned his own open letter to
Premier Doug Ford and Tibollo, the minister of tourism, culture and
sport, asking the province to confirm its players as amateur
athletes -- a definition seen as a key factor in helping the OHL
defend itself against the $180 million class-action lawsuit
launched four years ago against the CHL, including the OHL, seeking
back wages, overtime and vacation pay for players.
Tibollo responded on November 8 in a letter saying the government
takes "any threat to the future of junior and amateur hockey very
seriously."
"I want you to know, that our government is behind you. We are
going to do everything in our capacity to grow and support the
Ontario Hockey League and junior hockey across our province,"
Tibollo wrote in the two-page letter to Branch and the OHL's board
of governors.
"I want to reassure the OHL and the people of Ontario that we are
actively looking at providing this clarity to the OHL and we will
have more to say in the coming weeks. I look forward to reaching
out sometime in the very near future, with a solution that I am
sure you, the league, the fans, the billets, and the players will
all be happy with."
In a recent Free Press interview, Branch said major junior hockey
teams -- some of which generate millions in revenue annually --
could be overwhelmed if they lose the lawsuit, damaging the
league's status as the premier talent developer for the NHL.
But that's not reason enough for players, who drive revenue for
these teams, to continue to be exploited, the lawyers argue,
pointing out junior hockey players in Ontario get paid an average
of $50 per week for their services.
"Other multimillion-dollar employers don't get to avoid paying the
employees who drive their revenue. Paying wages is part of doing
business. Why should the OHL be any different?" the letter says.
[GN]
CHAMPION PETFOODS: Blackburn Suit Removed to S.D. Iowa
------------------------------------------------------
The class action styled as Pam Blackburn individually and on behalf
of a class of similarly situated individuals, Plaintiff v. Champion
Petfoods USA, Inc., Champion Petfoods LP, Defendants, Case No.
CVCV026865 was removed from the Iowa District Court for Mills
County to the U.S. District Court for the Southern District of Iowa
on November 16, 2018, and assigned Case No. 1:18-cv-00038-JEG-SBJ.
The nature of suit is stated as Other Fraud.
Champion Petfoods LP produces and markets pet food products for
dogs and cats. The company offers meat ingredients, fruits and
vegetables, and meat concentrated and protein based products. Its
products are sold through pet specialty shops and retailers in the
United States and Canada; veterinary clinics in Canada; and
distributors in the United States and internationally.[BN]
The Plaintiff is represented by:
J Barton Goplerud, Esq.
SHINDLER, ANDERSON, GOPLERUD & WEESE, PC
5015 Grand Ridge Drive, Suite 100
West Des Moines, IA 50265
Phone: (515) 223-4567
Fax: (515) 223-8887
Email: goplerud@sagwlaw.com
The Defendant is represented by:
Angel Anna West, Esq.
NYEMASTER GOODE PC
700 Walnut Street, Suite 1600
Des Moines, IA 50309-3899
Phone: (515) 283-3127
Fax: (515) 283-8045
Email: aaw@nyemaster.com
- and -
Kristina M Stanger, Esq.
NYEMASTER GOODE PC
700 Walnut Street, Suite 1600
Des Moines, IA 50309-3899
Phone: (515) 283-8009
Fax: (515) 283-8045
kmstanger@nyemaster.com
CHAMPION PETFOODS: Pet Food Contain Harmful Metals, Says Zarinebaf
------------------------------------------------------------------
Afshin Zarinebaf and Zachary Chernik, individually and on behalf of
all others similarly situated, Plaintiff, v. Champion Petfoods USA
Inc. and Champion Petfoods LP, Defendants, Case No. 18-cv-06951,
(N.D. Ill., October 16, 2018), brings claims for fraud, unjust
enrichment and breach of implied and express warranty under
Illinois Consumer Fraud and Deceptive Business Practices Act.
Champion sells a variety of premium-priced dog foods throughout the
United States. Its dry dog food products are sold under the
"Orijen" and "Acana" brand names. Its packaging prominently states
that its products are "biologically appropriate" and contain
"fresh, regional ingredients" featuring fresh, raw or dehydrated
ingredients from minimally processed poultry, fish and eggs.
However, Plaintiffs claim that they contain excessive levels of
harmful heavy metals, including arsenic, lead, cadmium, and
mercury. [BN]
Plaintiff is represented by:
Katrina Carroll, Esq.
Kyle A. Shamberg, Esq.
LITE DEPALMA GREENBERG, LLC
211 West Wacker Drive, Suite 500
Chicago, IL 60606
Telephone: 312.750.1265
Email: kcarroll@litedepalma.com
kshamberg@litedepalma.com
- and -
Rebecca A. Peterson, Esq.
Robert K. Shelquist, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Ave. S Ste. 2200
MPLS, MN 55401−2179
Tel: (612) 339−6900
Fax: (612) 339−0981
Email: rkshelquist@locklaw.com
rapeterson@locklaw.com
- and -
Kevin A. Seely, Esq.
Steven M. McKany, Esq.
ROBBINS ARROYO LLP
600 B Street, Suite 1900
San Diego, CA 92101
Telephone: (619) 525-3990
Facsimile: (619) 525-3991
E-mail: kseely@robbinsarroyo.com
smckany@robbinsarroyo.com
- and -
Charles J. Laduca, Esq.
Katherine Van Dyck, Esq.
CUNEO GILBERT & LaDUCA LLP
4725 Wisconsin Ave., NW, Suite 200
Washington, DC 20016
Telephone: 202-789-3960
Facsimile: 202-789-1813
Email: charles@cuneolaw.com
kvandyck@cuneolaw.com
- and -
Glen Devalerio, Esq.
Daryl Andrews, Esq.
ANDREWS DEVALERIO LLP
265 Franklin Street, Suite 1702
Boston, MA 02110
Telephone: (617) 936-2796
Email: glen@andrewsdevalerio.com
daryl@andrewsdevalerio.com
- and -
Gustavo F. Bruckner, Esq.
Samuel J. Adams, Esq.
POMERANTZ LLP
600 Third Avenue
New York, NY 10016
Telephone: (212) 661-1100
Email: gfbruckner@pomlaw.com
sjadams@pomlaw.com
- and -
Daniel E. Gustafson, Esq.
Karla M. Gluek, Esq.
Raina C. Borrelli, Esq.
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 S. Sixth St., Suite 2600
Minneapolis, MN 55402
Tel: (612) 333-8844
Fax: (612) 339-6622
Email: dgustafson@gustafsongluek.com
kgluek@gustafsongluek.com
rborrelli@gustafsongluek.com
CHARTER COMMUNICATIONS: Geiger Moves to Certify Class, Subclasses
-----------------------------------------------------------------
The Plaintiffs in the lawsuit captioned LOUIS GEIGER, CHRISTINA
GOMEZ, AMANDA HAYNES, PRISCILLA ESCARCEGA, and GARA BOOTEN,
Individually and on Behalf of All Others Similarly Situated v.
CHARTER COMMUNICATIONS, INC., CHARTER COMMUNICATIONS, LLC, SPECTRUM
MANAGEMENT HOLDING COMPANY, LLC, and TWC ADMINISTRATION LLC, Case
No. 2:18-cv-00158-DMG-GJS (C.D. Cal.), ask the Court certify this
class:
All persons who, at any time in the 4 years preceding the
filing of this lawsuit through the date of final disposition
or final judgment in this action, are/were employed by
Defendants (one or more of them) as a non-exempt dispatcher
in Defendants' El Segundo, California office ("Class
Members").
The Plaintiffs also ask the Court to certify these sub-classes:
* Late Meal Period Sub-Class:
All Class Members who, at any time in the 4 years preceding
the filing of this lawsuit through the date of final
disposition or final judgment in this action, were required
to start their first meal period later than the end of their
fifth consecutive hour of work on days in which they worked
at least 6 hours.
* Second Meal Period Sub-Class:
All Class Members who, at any time in the 4 years preceding
the filing of this lawsuit through the date of final
disposition or final judgment in this action, were not
permitted to take a second meal period on days in which they
worked at least 10 hours.
* Rest Period Sub-Class:
All Class Members who, at any time in the 4 years preceding
the filing of this lawsuit through the date of final
disposition or final judgment in this action, were not
provided legally compliant rest breaks by Defendants in
violation of California Labor Code Section 226.7.
* Itemized Wage Statements Sub-Class:
All Class Members who, at any time in the 4 years preceding
the filing of this lawsuit through the date of final
disposition or final judgment in this action, were not
provided accurate itemized wage statements in accordance
with California Labor Code Section 226(a) and Industrial
Welfare Commission Wage Orders.
* Waiting Time Penalties Sub-Class:
All Class Members who are no longer employed by Defendants,
in that they quit or were discharged from employment, and
who, at any time in the 4 years preceding the filing of this
lawsuit through the date of final disposition or final
judgment in this action, were not paid all wages earned and
owed in a timely manner as required by California Labor Code
Section 203.
* Off-the-Clock Sub-Class:
All Class Members who, at any time in the 4 years preceding
the filing of this lawsuit through the date of final
disposition or final judgment in this action, were not
compensated for time spent booting up and shutting down
computer software before and after their reported work
times, resulting in work performed off-the-clock.
The Plaintiffs further ask the Court to designate them as the
representatives of the class and to appoint Wills Law Firm, PLLC,
and The Law Office of George Moschopoulos, APC, as counsel for the
class.
The Court will commence a hearing on January 4, 2019, at 10:00
a.m., to consider the Motion.[CC]
The Plaintiffs are represented by:
Rhonda H. Wills, Esq.
WILLS LAW FIRM, PLLC
1776 Yorktown, Suite 570
Houston, TX 77056
Telephone: (713) 528-4455
Facsimile: (713) 528-2047
E-mail: rwills@rwillslawfirm.com
- and -
George P. Moschopoulos, Esq.
THE LAW OFFICE OF GEORGE MOSCHOPOULOS, APC
34197 Pacific Coast Highway, Suite 100
Dana Point, CA 92629
Telephone: (714) 904-1669
Facsimile: (949) 272-0428
E-mail: georgem@logmapc.com
CLIENT SERVICES: Class Certification Sought in Mollberg Suit
------------------------------------------------------------
Barbara Mollberg moves the Court to certify the class described in
the complaint of the lawsuit titled BARBARA MOLLBERG, Individually
and on Behalf of All Others Similarly Situated v. CLIENT SERVICES
INC., Case No. 2:18-cv-01751-LA (E.D. Wisc.), and further asks that
the Court both stay the motion for class certification and to grant
the Plaintiff (and the Defendant) relief from the Local Rules
setting automatic briefing schedules and requiring briefs and
supporting material to be filed with the Motion.
Dicta in the Supreme Court's decision in Campbell-Ewald Co. v.
Gomez, left open the possibility that a defendant facing a class
action complaint could moot a class representative's case by
depositing funds equal to or in excess of the maximum value of the
plaintiff's individual claim with the court and having the court
enter judgment in the plaintiff's favor prior to the filing of a
class certification motion, the Plaintiff asserts, citing
Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016).
To avoid the risk of a defendant mooting a putative class
representative's individual stake in the litigation, the Seventh
Circuit instructed plaintiffs to file a certification motion with
the complaint, along with a motion to stay briefing on the
certification motion. Damasco v. Clearwire Corp., 662 F.3d 891,
896 (7th Cir. 2011), overruled on other grounds, Chapman v. First
Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015) ("The pendency of
that motion [for class certification] protects a putative class
from attempts to buy off the named plaintiffs.").
While the Seventh Circuit has held that the specific procedure
described in Campbell-Ewald cannot force the individual settlement
of a class representative's claims, the same decision cautions that
other methods may prevent a plaintiff from representing a class,
the Plaintiff tells the Court, citing Fulton Dental, LLC v. Bisco,
Inc., No. 16-3574, 2017 U.S. App. LEXIS 10839 *9-10 (7th Cir. June
20, 2017). The Plaintiff asserts that one defendant has attempted
a similar tactic by sending a certified check to the proposed class
representative. Bonin v. CBS Radio, Inc., No. 16-cv-674-CNC (E.D.
Wis.); see also Severns v. Eastern Account Systems of Connecticut,
Inc., Case No. 15-cv-1168, 2016 U.S. Dist. LEXIS 23164 (E.D. Wis.
Feb. 24, 2016).
The Plaintiff is obligated to move for class certification to
protect the interests of the putative class, the Plaintiff
contends.
As the Motion to certify a class is a placeholder motion as
described in Damasco, the parties and the Court should not be
burdened with unnecessary paperwork and the resulting expense when
short motion to certify and stay should suffice until an amended
motion is filed, the Plaintiff contends.
The Plaintiff also asks to be appointed as class representative,
and for the appointment of Ademi & O'Reilly, LLP, as class
counsel.[CC]
The Plaintiff is represented by:
John D. Blythin, Esq.
Mark A. Eldridge, Esq.
Jesse Fruchter, Esq.
Ben J. Slatky, Esq.
ADEMI & O'REILLY, LLP
3620 East Layton Avenue
Cudahy, WI 53110
Telephone: (414) 482-8000
Facsimile: (414) 482-8001
E-mail: jblythin@ademilaw.com
meldridge@ademilaw.com
jfruchter@ademilaw.com
bslatky@ademilaw.com
CLIENT SERVICES: Donaeva Sues Over Debt Collection Practices
------------------------------------------------------------
A class action lawsuit has been filed against Client Services, Inc.
The case is styled as Anastasiya Donaeva on behalf of herself and
all others similarly situated, Plaintiff v. Client Services, Inc.,
Defendant, Case No. 1:18-cv-06595 (E.D. N.Y., Nov. 19, 2018).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Client Services, Inc. operates as a customer relationship
management company that offers a suite of accounts receivable
management, business processing outsourcing (BPO), and healthcare
solutions.[BN]
The Plaintiff is represented by:
Daniel C Cohen, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West
12th Floor
Brooklyn, NY 11201
Phone: (929) 575-4175
Fax: (929) 575-4195
Email: dan@cml.legal
CLIENT SERVICES: Potapova Files Class Action Under FDCPA
--------------------------------------------------------
A class action lawsuit has been filed against Client Services, Inc.
The case is styled as Liliya Potapova on behalf of herself and all
other similarly situated consumers, Plaintiff v. Client Services,
Inc., Defendant, Case No. 1:18-cv-06566 (E.D. N.Y., Nov. 18,
2018).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Client Services, Inc. operates as a customer relationship
management company that offers a suite of accounts receivable
management, business processing outsourcing (BPO), and healthcare
solutions.[BN]
The Plaintiff is represented by:
Maxim Maximov, Esq.
Maxim Maximov, LLP
1701 Avenue P
Brooklyn, NY 11229
Phone: (718) 395-3459
Fax: (718) 408-9570
Email: m@maximovlaw.com
COLLEGE OF ST. ROSE: Camacho Files ADA Suit in New York
-------------------------------------------------------
A class action lawsuit has been filed against College of St. Rose.
The case is styled as Jason Camacho and on behalf of all other
persons similarly situated, Plaintiff v. College of St. Rose,
Defendant, Case No. 1:18-cv-10764 (S.D. N.Y., Nov. 17, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
The College of Saint Rose is a private, independent,
co-educational, not-for-profit college in Albany, New York, United
States, founded in 1920 by the Sisters of Saint Joseph of
Carondelet. It is one of six colleges in the United States
sponsored by the Sisters of Saint Joseph.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
COMMONWEALTH FINANCIAL: Timoshenko Files FDCPA Class Suit
---------------------------------------------------------
A class action lawsuit has been filed against Commonwealth
Financial Systems, Inc. The case is styled as Oksana Timoshenko on
behalf of herself and all other similarly situated consumers,
Plaintiff v. Commonwealth Financial Systems, Inc., Defendant, Case
No. 1:18-cv-06565 (E.D. N.Y., Nov. 18, 2018).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Commonwealth Financial Systems, Inc., doing business as NCC,
operates as a collection agency. It provides accounts receivable
management and financial services in Northeastern
Pennsylvania.[BN]
The Plaintiff is represented by:
Maxim Maximov, Esq.
Maxim Maximov, LLP
1701 Avenue P
Brooklyn, NY 11229
Phone: (718) 395-3459
Fax: (718) 408-9570
Email: m@maximovlaw.com
CONNECTICUT: Seeks 2nd Circuit Review of Ruling in Vega Suit
------------------------------------------------------------
Defendants James Armstrong, Lee Arnone, David Batten, James
Dzurenda, Henry Falcone, Theresa Lantz, Steven Link, Lawrence
Meachum and Scott Semple filed an appeal from a District Court
order issued on September 27, 2018, in the lawsuit entitled Vega,
et al. v. Semple, et al., Case No. 17-cv-107, in the U.S. District
Court for the District of Connecticut (New Haven).
The lawsuit arises from certain prison conditions.
The appellate case is captioned as Vega, et al. v. Semple, et al.,
Case No. 18-3176, in the United States Court of Appeals for the
Second Circuit.[BN]
Plaintiffs-Appellees Michael Cruz, Kenya Brown, Jeffrey Perry, Lee
Grenier, Tavorus Fluker, Anthony Rogers, Thomas Marra, Terrence
Easton, Lamont Samuel, Ian Cooke, J. Michael Farren, Harry Vega,
Lawrence Townsend, and John Bosse, On behalf of themselves and all
others similarly situated, are represented by:
Lori A. Welch-Rubin, Esq.
LORI A. WELCH, LLC
37 Northrop Road Extension
Bethany, CT 06524
Telephone: (203) 314-8708
E-mail: lwelchrubin@gmail.com
Defendants-Appellants Scott Semple, Commissioner of Correction, In
their individual and official capacities; James Dzurenda, former
Commissioner of Corrections, In their individual and official
capacities; Lee Arnone, former Commissioner of Correction, In their
individual and official capacities; Theresa Lantz, former
Commissioner of Corrections, In their individual and official
capacities; James Armstrong, former Commissioner of Corrections, In
their individual and official capacities; Lawrence Meachum, former
Commissioner of Correction, In their individual and official
capacities; Henry Falcone, Warden, Garner Correctional Institution,
In their individual and official capacities; Steven Link, Director,
Department of Correction Engineering and Facilities Management, In
their individual and official capacities; and David Batten, former
Director, Department of Correction Engineering and Facilities
Management, In their individual and official capacities, are
represented by:
Stephen Richard Finucane, Esq.
CONNECTICUT OFFICE OF THE ATTORNEY GENERAL
110 Sherman Street
Hartford, CT 06105
Telephone: (860) 808-5450
E-mail: stephen.sarnoski@ct.gov
COSTCO WHOLESALE: Guterman Appeals Suit Dismissal to 2nd Cir.
-------------------------------------------------------------
Plaintiff Mark A. Guterman filed an appeal from the District
Court's opinion and order dated September 24, 2018, and judgment
dated September 26, 2018, granting the Defendant's Motion to
Dismiss the Second Amended Complaint in his lawsuit entitled
Guterman v. Costco Wholesale Corporation, Case No. 17-cv-4812, in
the U.S. District Court for the Southern District of New York
(White Plains).
As reported in the Class Action Reporter on Oct. 11, 2018, the
District Court issued an Opinion and Order granting the Defendant's
Motion to Dismiss the Second Amended Complaint pursuant to Federal
Rules of Civil Procedure 12(b)(1).
Plaintiff Mark A. Guterman, individually and on behalf of others
similarly situated, brings this putative class action against
Costco Wholesale Corporation (Costco), alleging a private right of
action under New York Tax Law Section 1139, and asserting claims
for violations of New York General Business Law (GBL) and for
unjust enrichment. The Plaintiff alleges that Costco has illegally
charged its New York customers sales tax on the full price rather
than the reduced price of their coupon-related warehouse purchases,
and thus required its New York customers to reimburse Costco for
its liability for sales tax on the difference between the reduced
price and the full price.
The appellate case is captioned as Guterman v. Costco Wholesale
Corporation, Case No. 18-3184, in the United States Court of
Appeals for the Second Circuit.[BN]
Plaintiff-Appellant Mark A. Guterman, individually and on behalf of
all others similarly situated, is represented by:
William Robert Weinstein, Esq.
LAW OFFICES OF WILLIAM R. WEINSTEIN
199 Main Street
White Plains, NY 10601
Telephone: (914) 997-2205
Facsimile: (877) 428-8388
E-mail: wrw@wweinsteinlaw.com
Defendant-Appellee Costco Wholesale Corporation is represented by:
James Arden, Esq.
SIDLEY AUSTIN LLP
787 7th Avenue
New York, NY 10019
Telephone: (212) 839-5889
E-mail: Jarden@sidley.com
CREDIT CONTROL: Qureshi Files FDCPA Class Action
------------------------------------------------
A class action lawsuit has been filed against Credit Control
Services, Inc. The case is styled as Sohail Qureshi on behalf of
himself and all other similarly situated consumers, Plaintiff v.
Credit Control Services, Inc. doing business as: Credit Collection
Services, Defendant, Case No. 1:18-cv-06569 (E.D. N.Y., Nov. 18,
2018).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Credit Control Services, Inc., doing business as Credit Collection
Services, provides business process outsourcing solutions for
customers in the United States. It offers automated voice
messaging, live agent/call center, text messaging, email campaigns,
and direct mail solutions; and consumer and commercial credit
collection services, as well as involves in the recovery of
large/complex contracts and tort-based obligations.[BN]
The Plaintiff is represented by:
Maxim Maximov, Esq.
Maxim Maximov, LLP
1701 Avenue P
Brooklyn, NY 11229
Phone: (718) 395-3459
Fax: (718) 408-9570
Email: m@maximovlaw.com
CULINARY EXPERTS: Molina Sues Over Unpaid Regular, Overtime Wages
-----------------------------------------------------------------
Javier A. Molina, Juan F. Flores and other similarly-situated
individuals, Plaintiffs, v. Culinary Experts, Inc. a/k/a La Grotta
Italian Grill and Mouhsine Lahlil, individually, Defendants, Case
No. 2:18-cv-00771-JES-CM (M.D. Fla., November 19, 2018) is an
action to recover money damages for unpaid regular and overtime
wages under the laws of the United States and the Fair Labor
Standards Act.
Plaintiffs worked many hours in excess of 40 every week period, but
they were not paid overtime hours, asserts the complaint. The
Defendants willfully failed to pay Plaintiffs overtime hours at the
rate and one-half their regular rate for every hour that they
worked in excess of 40 in violation of the Fair Labor Standards
Act, the complaint says.
Plaintiffs Javier A. Molina and Juan F. Flores are residents of Lee
County, Florida.
Culinary Experts, Inc. a/k/a La Grotta Italian Grill is a Florida
corporation. La Grotta Italian Grill is a retail business operating
as an Italian restaurant at 9520 Market Place Rd. Fort Myers,
Florida 33912.
Mouhsine Lahlil was and is now, the owner/partner and/or manager of
Defendant Corporation La Grotta Italian Grill.[BN]
The Plaintiffs are represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Phone: (305) 446-1500
Fax: (305) 446-1502
Email: zep@thepalmalawgroup.com
DF MARINA: La Rock Class Suit Brought Before N.Y. Sup. Ct.
----------------------------------------------------------
The class action captioned John La Rock and on behalf of others
similarly situated, Plaintiff v. DF Marina, L.L.C., Crest HM LLC,
Crest HM I, LLC, Danfords Port Jefferson LLC, Danford F & B, LLC,
Dan Scarba and Enrico Scarda, Defendants, Case No. 610927/2018 was
brought before the New York Supreme Court, Suffolk County on Nov.
16, 2018.
DF Marina LLC provides hotels and motels services.
The Crest Group, LLC operates as a private equity firm. The Company
focuses on the development of property for industrial, commercial,
retail, and residential uses, as well as offers venture capital and
advisory services. The Crest Group serves clients in the United
States.
Danfords Port Jefferson LLC was founded in 1998. The company's line
of business includes operating public hotels and motels.[BN]
The Plaintiff is represented by:
LEEDS BROWN LAW, P.C.
ONE OLD COUNTRY RD, STE 347
CARLE PLACE, NY 11514
Phone: (516) 873-9550
The Defendant is represented by:
ENRICO SCARDA, Esq.
1201 ROUTE 112 STE 900
PRT JFFRSON ST, NY 11776
Phone: (631) 582-4800
ENDO INTERNATIONAL: Appeal over Dismissal of Friedman Suit Underway
-------------------------------------------------------------------
Endo International plc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on November 8, 2018, for the
quarterly period ended September 30, 2018, that the appeal
challenging the dismissal of the putative class action suit,
entitled, Craig Friedman v. Endo International plc, Rajiv Kanishka
Liyanaarchchie de Silva and Suketu P. Upadhyay, is still pending.
In May 2016, a putative class action entitled Craig Friedman v.
Endo International plc, Rajiv Kanishka Liyanaarchchie de Silva and
Suketu P. Upadhyay was filed in the U.S. District Court for the
Southern District of New York by an individual shareholder on
behalf of himself and all similarly situated shareholders.
In August 2016, the court appointed Steamfitters' Industry Pension
Fund and Steamfitters' Industry Security Benefit Fund as lead
plaintiffs in the action. In October 2016, plaintiffs filed a
second amended complaint that, among other things, added Paul
Campanelli as a defendant, and the company filed a motion to
dismiss.
In response, and without resolving the motion, the court permitted
lead plaintiffs to file a third amended complaint. The amended
complaint alleged violations of Sections 10(b) and 20(a) of the
Exchange Act based on the Company's revision of its 2016 earnings
guidance and certain disclosures about its generics business, the
integration of Par Pharmaceutical Holdings, Inc. and its
subsidiaries, certain other alleged business issues and the receipt
of a CID from the U.S. Attorney's Office for the Southern District
of New York regarding contracts with pharmacy benefit managers
concerning FROVA(R).
Lead plaintiffs sought class certification, damages in an
unspecified amount and attorneys' fees and costs.
The company filed a motion to dismiss the third amended complaint
in December 2016. In January 2018, the court granted the company's
motion and dismissed the case with prejudice. In February 2018,
lead plaintiffs filed a motion for relief from the judgment and
leave to file a fourth amended complaint; the court denied this
motion in April 2018. Lead plaintiffs appealed to the U.S. Court of
Appeals for the Second Circuit; that appeal is still pending.
No further updates were provided in the Company's SEC report.
Endo International plc, a specialty pharmaceutical company,
manufactures and sells generic and branded pharmaceuticals in the
United States, Canada, and internationally. The company operates
through three segments: U.S. Generic Pharmaceuticals, U.S. Branded
Pharmaceuticals, and International Pharmaceuticals. Endo
International plc was founded in 1920 and is headquartered in
Dublin, Ireland.
ENDO INTERNATIONAL: Bid for Class Cert. in Miss. PERS Still Pending
-------------------------------------------------------------------
Endo International plc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on November 8, 2018, for the
quarterly period ended September 30, 2018, that plaintiff's motion
for class certification in the lawsuit entitled, Public Employees'
Retirement System of Mississippi v. Endo International plc., is
still pending.
In February 2017, a putative class action entitled Public
Employees' Retirement System of Mississippi v. Endo International
plc was filed in the Court of Common Pleas of Chester County,
Pennsylvania by an institutional purchaser of shares in our June 2,
2015 public offering, on behalf of itself and all similarly
situated purchasers.
The lawsuit alleges violations of Sections 11, 12(a)(2) and 15 of
the Securities Act of 1933 against Endo, certain of its current and
former directors and officers, and the underwriters who
participated in the offering, based on certain disclosures about
Endo's generics business.
In March 2017, defendants removed the case to the U.S. District
Court for the Eastern District of Pennsylvania. In August 2017, the
court remanded the case back to the Chester County Court of Common
Pleas. In October 2017, plaintiff filed an amended complaint. In
December 2017, defendants filed preliminary objections to the
amended complaint. The court denied those preliminary objections in
April 2018.
The case is currently in discovery. Plaintiff filed its motion for
class certification in July 2018.
No further updates were provided in the Company's SEC report.
Endo International plc, a specialty pharmaceutical company,
manufactures and sells generic and branded pharmaceuticals in the
United States, Canada, and internationally. The company operates
through three segments: U.S. Generic Pharmaceuticals, U.S. Branded
Pharmaceuticals, and International Pharmaceuticals. Endo
International plc was founded in 1920 and is headquartered in
Dublin, Ireland.
ENDO INTERNATIONAL: Bid to Dismiss Pelletier Class Suit Pending
---------------------------------------------------------------
Endo International plc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on November 8, 2018, for the
quarterly period ended September 30, 2018, that the defendants'
motion to dismiss the amended complaint filed in the class action
suit entitled, Pelletier v. Endo International plc, Rajiv Kanishka
Liyanaarchchie De Silva, Suketu P. Upadhyay, and Paul V.
Campanelli, is pending.
In November 2017, a putative class action entitled Pelletier v.
Endo International plc, Rajiv Kanishka Liyanaarchchie De Silva,
Suketu P. Upadhyay, and Paul V. Campanelli was filed in the U.S.
District Court for the Eastern District of Pennsylvania by an
individual shareholder on behalf of himself and all similarly
situated shareholders.
The lawsuit alleges violations of Section 10(b) and 20(a) of the
Exchange Act relating to the pricing of various generic
pharmaceutical products. In June 2018, the court appointed Park
Employees' Annuity and Benefit Fund of Chicago lead plaintiff in
the action.
In August 2018, the lead plaintiff filed an amended complaint. In
September 2018, the defendants moved to dismiss the amended
complaint. That motion remains pending.
Endo International plc, a specialty pharmaceutical company,
manufactures and sells generic and branded pharmaceuticals in the
United States, Canada, and internationally. The company operates
through three segments: U.S. Generic Pharmaceuticals, U.S. Branded
Pharmaceuticals, and International Pharmaceuticals. Endo
International plc was founded in 1920 and is headquartered in
Dublin, Ireland.
ENDO INTERNATIONAL: Bid to Drop Bier Class Lawsuit Still Pending
----------------------------------------------------------------
Endo International plc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on November 8, 2018, for the
quarterly period ended September 30, 2018, that the motion to
dismiss filed in the putative class action suit entitled, Bier v.
Endo International plc, et al., is still pending.
In August 2017, a putative class action entitled Bier v. Endo
International plc, et al. was filed in the U.S. District Court for
the Eastern District of Pennsylvania by an individual shareholder
on behalf of himself and all similarly situated shareholders. The
original complaint alleged violations of Section 10(b) and 20(a) of
the Exchange Act against Endo and four current and former directors
and officers, based on the Company's decision to remove
reformulated OPANA(R) ER from the market.
In December 2017, the court appointed SEB Investment Management AB
lead plaintiff in the action. In February 2018, the lead plaintiff
filed an amended complaint, which added claims alleging violations
of Sections 11 and 15 of the Securities Act in connection with the
June 2015 offering. The amended complaint named the Company, Endo
Health Solutions Inc. (EHSI) and 20 current and former directors,
officers and employees of Endo as defendants.
In April 2018, the defendants moved to dismiss the amended
complaint. That motion remains pending.
No further updates were provided in the Company's SEC report.
Endo International plc, a specialty pharmaceutical company,
manufactures and sells generic and branded pharmaceuticals in the
United States, Canada, and internationally. The company operates
through three segments: U.S. Generic Pharmaceuticals, U.S. Branded
Pharmaceuticals, and International Pharmaceuticals. Endo
International plc was founded in 1920 and is headquartered in
Dublin, Ireland.
ENDO INTERNATIONAL: Still Defends Lawsuits over Opioid Sales
------------------------------------------------------------
Endo International plc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on November 8, 2018, for the
quarterly period ended September 30, 2018, that as of November 1,
2018, these cases have been filed against the company related to
the sales of Opioid drugs:
* approximately 11 cases filed by or on behalf of states;
* approximately 1,505 cases filed by counties, cities, Native
American tribes and/or other government-related persons or
entities;
* approximately 112 cases filed by hospitals, health systems,
unions, health and welfare funds or other third-party payers; and
* approximately 48 cases filed by individuals.
Certain of the cases have been filed as putative class actions.
Since 2014, multiple U.S. states, counties, other governmental
persons or entities and private plaintiffs have filed suit against
certain of the company's subsidiaries, including Endo Health
Solutions Inc. (EHSI), EPI, Par Pharmaceutical, Inc. (PPI), Par
Pharmaceutical Companies, Inc. (Par), Vintage Pharmaceuticals, LLC
and/or Generics Bidco I, LLC and, in some instances, the Company,
as well as various other manufacturers, distributors and/or others,
asserting claims relating to defendants' alleged sales, marketing
and/or distribution practices with respect to prescription opioid
medications, including certain of the Company's products.
In addition to the litigation in the U.S., in September 2018, an
action against Paladin Labs, EPI, the Company and various other
manufacturers and distributors was commenced in British Columbia on
behalf of all federal, provincial and territorial governments and
agencies in Canada that paid healthcare, pharmaceutical and
treatment costs related to opioids.
Many of the U.S. cases have been coordinated in a federal MDL
pending in the U.S. District Court for the Northern District of
Ohio (MDL No. 2804). In March 2018, the U.S. Department of Justice
(DOJ) filed a statement of interest in the case, and in April 2018
it filed a motion to participate in settlement discussions and as a
friend of the court, which the MDL court has granted.
The MDL court has issued a series of case management orders
permitting motions to dismiss addressing threshold legal issues in
certain cases, setting a trial date in September 2019 for three
cases originally filed in the Northern District of Ohio, allowing
certain discovery and establishing certain other deadlines and
procedures, among other things.
Other cases remain pending in various state courts. In some
jurisdictions, such as Connecticut, Illinois, New York,
Pennsylvania and Texas, certain state court cases have been
transferred to a single court within their respective state court
systems for coordinated pretrial proceedings. The state cases are
generally at the pleading and/or discovery stage.
The complaints in the cases assert a variety of claims including,
but not limited to, claims for alleged violations of public
nuisance, consumer protection, unfair trade practices,
racketeering, Medicaid fraud and/or drug dealer liability statutes
and/or common law claims for public nuisance,
fraud/misrepresentation, strict liability, negligence and/or unjust
enrichment.
The claims are generally based on alleged misrepresentations and/or
omissions in connection with the sale and marketing of prescription
opioid medications and/or an alleged failure to take adequate steps
to prevent abuse and diversion. Plaintiffs generally seek
declaratory and/or injunctive relief; compensatory, punitive and/or
treble damages; restitution, disgorgement, civil penalties,
abatement, attorneys' fees, costs and/or other relief.
The company will continue to vigorously defend the foregoing
matters and to explore other options as appropriate in our best
interests. Similar matters may be brought by others or the
foregoing maatters may be expanded. The company is unable to
predict the outcome of these matters or to estimate the possible
range of any losses that could be incurred. In addition to the
lawsuits described above, the Company and/or its subsidiaries have
received certain subpoenas, civil investigative demands (CIDs) and
informal requests for information concerning the sale, marketing
and/or distribution of prescription opioid medications, including
the following:
In September 2017, the Department of Justice for the state of
Oregon and the Office of the Attorney General for the Commonwealth
of Massachusetts issued CIDs to EHSI and EPI on behalf of a
multistate group which the company understand currently includes
approximately 30 states. Our subsidiaries are cooperating with this
investigation. Certain states participating in the multistate
investigation had issued their own CIDs, subpoenas or requests for
information to the Company prior to their participation in the
multistate investigation.
Other states are conducting their own investigations outside of the
multistate group. These states include New Hampshire (subpoenas
received by EPI in August 2015 and December 2017); New Jersey
(subpoena received by EPI in March 2017); Washington (CID received
by the Company, EHSI and EPI in August 2017); Montana (CID received
by EHSI and EPI in January 2018); Alaska (CID received by EPI in
February 2018); and South Carolina (CID received by EHSI and EPI in
February 2018). The company is cooperating with these
investigations.
In January 2018, the company's subsidiary EPI received a federal
grand jury subpoena from the U.S. District Court for the Southern
District of Florida in connection with an investigation being
conducted by the U.S. Attorney's Office for the Southern District
of Florida in conjunction with the U.S. Food and Drug
Administration. The subpoena seeks information related to OPANA(R)
ER and other oxymorphone products. EPI is cooperating with the
investigation.
Endo International said, "Similar investigations may be brought by
others or the foregoing matters may be expanded or result in
litigation. We are unable to predict the outcome of these matters
or to estimate the possible range of any losses that could be
incurred."
Endo International plc, a specialty pharmaceutical company,
manufactures and sells generic and branded pharmaceuticals in the
United States, Canada, and internationally. The company operates
through three segments: U.S. Generic Pharmaceuticals, U.S. Branded
Pharmaceuticals, and International Pharmaceuticals. Endo
International plc was founded in 1920 and is headquartered in
Dublin, Ireland.
ENDO INTERNATIONAL: Still Defends Makris Class Suit in Canada
-------------------------------------------------------------
Endo International plc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on November 8, 2018, for the
quarterly period ended September 30, 2018, that the company
continues to defend itself from a putative class action suit
entitled, Phaedra A. Makris v. Endo International plc, Rajiv
Kanishka Liyanaarchchie de Silva and Suketu P. Upadhyay.
In April 2017, a putative class action entitled Phaedra A. Makris
v. Endo International plc, Rajiv Kanishka Liyanaarchchie de Silva
and Suketu P. Upadhyay was filed in the Superior Court of Justice
in Ontario, Canada by an individual shareholder on behalf of
herself and similarly-situated Canadian-based investors who
purchased Endo's securities between January 11 and May 5, 2016.
The statement of claim generally seeks class certification,
declaratory relief, damages, interest and costs based on alleged
violations of the Ontario Securities Act. The statement of claim
alleges negligent misrepresentations concerning the Company's
revenues, profit margins and earnings per share; its receipt of a
subpoena from the state of Connecticut regarding doxycycline
hyclate, amitriptyline hydrochloride, doxazosin mesylate,
methotrexate sodium and oxybutynin chloride; and the erosion of the
Company's U.S. generic pharmaceuticals business.
No further updates were provided in the Company's SEC report.
Endo International plc, a specialty pharmaceutical company,
manufactures and sells generic and branded pharmaceuticals in the
United States, Canada, and internationally. The company operates
through three segments: U.S. Generic Pharmaceuticals, U.S. Branded
Pharmaceuticals, and International Pharmaceuticals. Endo
International plc was founded in 1920 and is headquartered in
Dublin, Ireland.
ENDO INTERNATIONAL: Still Faces Generic Drugs Price-Fixing Suits
----------------------------------------------------------------
Endo International plc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on November 8, 2018, for the
quarterly period ended September 30, 2018, that the company and its
subsidiaries continue to defend themselves from a class action suit
involving price-fixing on 30 separate generic pharmaceutical
products.
In January 2018, The Kroger Co., Albertsons Companies, LLC, and
H.E. Butt Grocery Company LP filed a complaint in the U.S. District
Court for the Eastern District of Pennsylvania against Par
Pharmaceutical, Inc. (PPI), as well as numerous other manufacturers
of generic pharmaceuticals, alleging anticompetitive conduct
relating to 30 separate generic pharmaceutical products, including
seven products allegedly manufactured by PPI: digoxin, doxycycline
hyclate, doxycycline monohydrate, divalproex ER, propranolol,
baclofen and amitriptyline hydrochloride. This lawsuit has been
assigned to the MDL court.
The complaint alleges an overarching conspiracy among all named
defendants to engage in price-fixing for all 30 products, as well
as product-specific conspiracies relating to each individual
product, in violation of federal antitrust law. The complaint seeks
monetary damages, including treble damages, attorneys' fees and
injunctive relief.
In June 2018, direct purchaser, end-payer and indirect purchaser
reseller plaintiffs filed additional class action complaints in the
U.S. District Court for the Eastern District of Pennsylvania,
alleging anticompetitive conduct relating to approximately 15
generic pharmaceuticals (generally those that were the subject of
the state plaintiffs' amended complaint).
These lawsuits have also been assigned to the MDL court. The end
payer and indirect purchaser reseller complaints name the company's
subsidiaries PPI, Generics Bidco I, LLC and DAVA Pharmaceuticals,
LLC, as well as other companies, as defendants. The direct
purchaser complaint names our subsidiary Par and other companies as
defendants.
As to the company's subsidiaries, these complaints allege
anticompetitive conduct with respect to doxycycline hyclate,
doxycycline monohydrate, nystatin cream and/or zoledronic acid.
These complaints also seek to hold all defendants jointly and
severally liable for alleged anticompetitive conduct relating to
all products identified in the complaints on the basis of an
"overarching conspiracy" theory similar to that asserted by the
state plaintiffs.
Endo International plc, a specialty pharmaceutical company,
manufactures and sells generic and branded pharmaceuticals in the
United States, Canada, and internationally. The company operates
through three segments: U.S. Generic Pharmaceuticals, U.S. Branded
Pharmaceuticals, and International Pharmaceuticals. Endo
International plc was founded in 1920 and is headquartered in
Dublin, Ireland.
ENDO INTERNATIONAL: Unit Faces Suit v. Marion Diagnostic Center
---------------------------------------------------------------
Endo International plc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on November 8, 2018, for the
quarterly period ended September 30, 2018, that Par Pharmaceutical
Companies, Inc., a company subsidiary, has been named as defendant
in a class action lawsuit filed by Marion Diagnostic Center, LLC
and Marion HealthCare, LLC.
In September 2018, Marion Diagnostic Center, LLC and Marion
HealthCare, LLC filed a class action complaint in the U.S. District
Court for the Eastern District of Pennsylvania against Par
Pharmaceutical Companies, Inc. (Par), as well as other
manufacturers and one distributor of generic pharmaceuticals,
McKesson Corporation (McKesson), on behalf of all direct purchasers
of all generic drugs from McKesson.
The complaint alleges an overarching conspiracy among all named
defendants to engage in price-fixing and market allocation with
respect to all generic drugs sold by McKesson, seeking to hold all
defendants jointly and severally liable. The complaint asserts
claims under state and federal law and seeks monetary damages,
including treble damages, attorneys' fees and equitable relief.
Endo International plc, a specialty pharmaceutical company,
manufactures and sells generic and branded pharmaceuticals in the
United States, Canada, and internationally. The company operates
through three segments: U.S. Generic Pharmaceuticals, U.S. Branded
Pharmaceuticals, and International Pharmaceuticals. Endo
International plc was founded in 1920 and is headquartered in
Dublin, Ireland.
ENDO INTERNATIONAL: Vaginal Mesh-Related Suits Still Ongoing
------------------------------------------------------------
Endo International plc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on November 8, 2018, for the
quarterly period ended September 30, 2018, that the company
continues to defend itself from Vaginal mesh-related suits.
Since 2008, the company and certain of its subsidiaries, including
American Medical Systems Holdings, Inc. (subsequently converted to
Astora Women's Health Holding LLC and merged into Astora Women's
Health LLC and referred to herein as AMS) and/or Astora, have been
named as defendants in multiple lawsuits in various state and
federal courts in the U.S. (including a federal MDL pending in the
U.S. District Court for the Southern District of West Virginia (MDL
No. 2325)), and in Canada and other countries, alleging personal
injury resulting from the use of transvaginal surgical mesh
products designed to treat pelvic organ prolapse (POP) and stress
urinary incontinence (SUI).
In January 2018, a representative proceeding (class action) was
filed in the Federal Court of Australia against American Medical
Systems, LLC. In the various class action and individual
complaints, plaintiffs claim a variety of personal injuries,
including chronic pain, incontinence, inability to control bowel
function and permanent deformities, and seek compensatory and
punitive damages, where available.
The company and certain plaintiffss counsel representing
mesh-related product liability claimants have entered into various
Master Settlement Agreements (MSAs) and other agreements to resolve
up to approximately 71,000 filed and unfiled mesh claims handled or
controlled by the participating counsel. These MSAs and other
agreements were entered into at various times between June 2013 and
the present, were solely by way of compromise and settlement and
were not in any way an admission of liability or fault by us or any
of our subsidiaries.
All MSAs are subject to a process that includes guidelines and
procedures for administering the settlements and the release of
funds. In certain cases, the MSAs provide for the creation of
Qualified Settlement Funds (QSFs) into which funds may be deposited
pursuant to certain schedules set forth in those agreements. All
MSAs have participation requirements regarding the claims
represented by each law firm party to the MSA.
In addition, one agreement gives the company a unilateral right of
approval regarding which claims may be eligible to participate
under that settlement. To the extent fewer claims than are
authorized under an agreement participate, the total settlement
payment under that agreement will be reduced by an agreed-upon
amount for each such non-participating claim. Funds deposited in
QSFs are considered restricted cash and/or restricted cash
equivalents.
Distribution of funds to any individual claimant is conditioned
upon the receipt of documentation substantiating the validity of
the claim, a full release and dismissal of the entire action or
claim as to all AMS parties and affiliates. Prior to receiving
funds, an individual claimant is required to represent and warrant
that liens, assignment rights or other claims identified in the
claims administration process have been or will be satisfied by the
individual claimant.
Confidentiality provisions apply to the amount of settlement awards
to participating claimants, the claims evaluation process and
procedures used in conjunction with award distributions, and the
negotiations leading to the settlements.
In June 2017, the MDL court entered a case management order which,
among other things, requires plaintiffs in newly-filed MDL cases to
provide expert disclosures on specific causation within one hundred
twenty (120) days of filing a claim (the Order). Under the Order, a
plaintiff's failure to meet the foregoing deadline may be grounds
for the entry of judgment against such plaintiff. In July 2017, a
similar order was entered in Minnesota state court. In June 2018,
at the request of the MDL court, the Judicial Panel on
Multidistrict Litigation entered a minute order suspending the
transfer of cases into the MDL.
Subsequently, the MDL court issued a pretrial order discontinuing
the direct filing of claims in MDL No. 2325. The MDL court also
issued similar orders in other MDLs involving claims against other
mesh manufacturers.
Endo International said, "Although the Company believes it has
appropriately estimated the probable total amount of loss
associated with all matters as of the date of this report, fact and
expert discovery is ongoing in certain cases that have not settled,
and it is reasonably possible that further claims may be filed or
asserted and that adjustments to our liability accrual may be
required. This could have a material adverse effect on our
business, financial condition, results of operations and cash
flows."
Endo International plc, a specialty pharmaceutical company,
manufactures and sells generic and branded pharmaceuticals in the
United States, Canada, and internationally. The company operates
through three segments: U.S. Generic Pharmaceuticals, U.S. Branded
Pharmaceuticals, and International Pharmaceuticals. Endo
International plc was founded in 1920 and is headquartered in
Dublin, Ireland.
FAFS CORP: Burroughs Sues Over Unpaid Overtime Wages
----------------------------------------------------
Mario Burroughs, on behalf of himself and all others similarly
situated, Plaintiff, v. FAFS Corp. (d/b/a Federal Association of
Financial Services Corp.) a Florida Profit Corporation, Defendant,
Case No. 8:18-cv-02825-JSM-AAS (M.D. Fla., November 16, 2018) is a
collective action under the Fair Labor Standards Act against
Defendant for unpaid overtime compensation.
Plaintiff and all other similarly situated individuals routinely
worked over 40 hours in a work week but were not paid overtime
wages for all of that work, as required by the FLSA, the complaint
asserts.
The Defendant has a policy and practice of failing to pay inside
Call Center Customer Service Employees like Plaintiff full and
proper overtime compensation for all overtime hours worked, based
on its common and companywide policy of: (a) refusing to account
for pre and post-shift work including logging in and logging out of
Defendant's network/systems, and performing other necessary pre and
post shift tasks to complete work duties for the day; and (b)
failing to account for all hours properly worked including, but not
limited to, alleged meal and rest periods during which employees
are working but for which Defendant fails and/or refuses to pay
them, says the complaint.
Plaintiff is an adult resident of Florida, and was employed by
Defendant as an hourly paid inside Call Center Customer Service
Employee in Odessa, Florida, from May 2017, through August 20,
2018.
Defendant operates a call center in Odessa, Florida, Clearwater,
Florida, St. Lucia, Caribbean, and the Philippines. It is a Florida
Profit Corporation with its principal place of business in Odessa,
Florida.[BN]
The Plaintiff is represented by:
Noah E. Storch, Esq.
Richard Celler Legal, P.A
7450 Griffin Road, Suite 230
Davie, FL 33314
Phone: (866) 344-9243
Facsimile: (954) 337-2771
Email: noah@floridaovertimelawyer.com
FELICIAN UNIVERSITY: Violates ADA, Camacho Suit Asserts
-------------------------------------------------------
A class action lawsuit has been filed against Felician University.
The case is styled as Jason Camacho and on behalf of all other
persons similarly situated, Plaintiff v. Felician University,
Defendant, Case No. 1:18-cv-10839 (S.D. N.Y., Nov. 19, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Felician University is a private Roman Catholic university in New
Jersey. The university has two campuses, one in Lodi and one in
Rutherford.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
FIVE TOWNS COLLEGE: Violates ADA, Camacho Suit Asserts
------------------------------------------------------
A class action lawsuit has been filed against Five Towns College.
The case is styled as Jason Camacho and on behalf of all other
persons similarly situated, Plaintiff v. Five Towns College,
Defendant, Case No. 1:18-cv-10843 (S.D. N.Y., Nov. 19, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Five Towns College is a for-profit college in Dix Hills, Long
Island, New York.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
FTD COMPANIES: Jan. 2 Deadline to Appeal EasySavers Deal
--------------------------------------------------------
FTD Companies, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on November 8, 2018, for the
quarterly period ended September 30, 2018, that an objector has
until January 2, 2019, to seek Supreme Court review in the case
entitled, In re EasySaver Rewards Litigation.
Commencing on August 19, 2009, the first of a series of putative
consumer class action lawsuits was brought against Provide
Commerce, Inc. and co-defendant Regent Group, Inc. d/b/a Encore
Marketing International ("EMI"). These cases were ultimately
consolidated during the next three years into Case No. 09 CV 2094
in the United States District Court for the Southern District of
California under the title In re EasySaver Rewards Litigation.
Plaintiffs' claims arise from their online enrollment in
subscription based membership programs known as EasySaver Rewards,
RedEnvelope Rewards, and Preferred Buyers Pass (collectively, the
"Membership Programs"). Plaintiffs claim that after they ordered
items from certain of Provide Commerce's websites, they were
presented with an offer to enroll in one of the Membership
Programs, each of which is offered and administered by EMI.
Plaintiffs purport to represent a nationwide class of consumers
allegedly damaged by Provide Commerce's purported unauthorized or
otherwise allegedly improper transferring of billing information to
EMI, who then posted allegedly unauthorized charges to their credit
or debit card accounts for membership fees for the Membership
Programs.
In the operative fourth amended complaint, plaintiffs asserted ten
claims against Provide Commerce and EMI: (1) breach of contract
(against Provide Commerce only); (2) breach of contract (against
EMI only); (3) breach of implied covenant of good faith and fair
dealing; (4) fraud; (5) violations of the California Consumers
Legal Remedies Act; (6) unjust enrichment; (7) violation of the
Electronic Funds Transfer Act (against EMI only); (8) invasion of
privacy; (9) negligence; and (10) violations of the Unfair
Competition Law. Plaintiffs seek damages, attorneys' fees, and
costs.
After motion practice regarding the claims asserted and numerous
settlement conferences and mediations in an effort to informally
resolve the matter, the parties reached an agreement on the high
level terms of a settlement on April 9, 2012, conditioned on the
parties negotiating and executing a complete written agreement. In
the weeks following April 9, 2012, the parties negotiated a formal
written settlement agreement (the "Settlement"), which the court
preliminarily approved on June 13, 2012.
After notice to the purported class and briefing by the parties,
the court conducted a final approval hearing (also known as a
fairness hearing) on January 28, 2013, but did not rule. On
February 4, 2013, the court entered its final order approving the
Settlement, granting plaintiffs' motion for attorneys' fees, costs,
and incentive awards, and overruling objections filed by a single
objector. The court entered judgment on the Settlement on February
21, 2013.
The objector filed a notice of appeal with the Ninth Circuit Court
of Appeals on March 4, 2013. After the completion of briefing, the
Ninth Circuit set oral argument for February 2, 2015. But on
January 29, 2015, the Ninth Circuit entered an order deferring
argument and resolution of the appeal pending the Ninth Circuit's
decision in a matter captioned Frank v. Netflix, No. 12 15705+.
On March 19, 2015, the Ninth Circuit entered an order vacating the
judgment in this matter and remanding it to the district court for
further proceedings consistent with its opinion in Frank v. Netflix
issued on February 27, 2015. The district court ordered
supplemental briefing on the issue of final Settlement approval May
21, 2015. After briefing, the district court conducted a hearing on
July 27, 2016 and took the matter under submission.
On August 9, 2016, the district court entered an order reapproving
the Settlement without any changes, and accordingly entered
judgment and dismissed the case with prejudice. On September 6,
2016, the objector filed a notice of appeal. On November 22, 2016,
plaintiffs filed a motion for summary affirmance of the district
court's judgment, to which the objector responded and filed a
cross-motion for sanctions. Plaintiffs' motion for summary
affirmance temporarily stayed briefing on the appeal.
On March 2, 2017, the Ninth Circuit denied plaintiffs' motion for
summary affirmance and objector's cross-motion for sanctions, and
reset the briefing schedule. The objector filed his opening brief
on May 1, 2017. Thirteen state Attorneys General filed an amicus
brief in support of the objector on May 8, 2017. The parties filed
their answering briefs on June 30, 2017.
Various legal aid organizations filed an amicus brief in support of
no party regarding cy pres relief also on June 30, 2017. The
objector's optional reply brief was filed on August 14, 2017 and
the Ninth Circuit heard oral arguments on May 17, 2018.
On October 3, 2018, the Ninth Circuit issued an opinion vacating
the district court's award of attorney's fees, but otherwise
affirmed the district court's approval of the class action
settlement. On October 10, 2018, the objector filed a motion to
stay the issuance of mandate, which would return jurisdiction to
the district court, and for an extension of time to file a petition
for panel rehearing. The objector's last day to seek Supreme Court
review is presently January 2, 2019. The expected settlement has
been fully reserved.
FTD Companies, Inc., together with its subsidiaries, operates as a
floral and gifting company primarily in the United States, Canada,
the United Kingdom, and the Republic of Ireland. It operates
through four segments: Provide Commerce, Consumer, Florist, and
International. FTD Companies, Inc. was founded in 1910 and is
headquartered in Downers Grove, Illinois.
GARDA CL SOUTHEAST: Santana Hits Workplace Sexual Harassment
------------------------------------------------------------
Evelyn Santana, on her own behalf and on behalf of those similarly
situated, Plaintiff, v. Garda CL Southeast, Inc., Defendant, Case
No. 18-cv-01744, (M.D. Fla., October 16, 2018), seeks to recover
unpaid overtime compensation, unlawful retaliation and other relief
under the Fair Labor Standards Act and Title VII of the Civil
Rights Act of 1964 as amended by the Civil Rights Act of 1991.
Garda CL Southeast provides nationwide cash handling services to
banks, financial institutions, and commercial and retail
businesses. Santana worked as a vault worker for the Defendant in
Orlando, FL. She worked in excess of forty per work week during one
or more work weeks without being paid overtime compensation of one
and a half times her regular rate of pay per hour, says the
complaint.
In addition, she was harassed by her branch manager who sent
sexually suggestive test messages, stared at her and making kissing
sounds and watched her on the security cameras at work, notes the
complaint. She was also offered an increased hourly pay premium
only if she would acquiesce to his romantic/sexual advances.
Santana reported her concerns of harassment and was soon after
fired in direct retaliation to her complaint. [BN]
Plaintiff is represented by:
Carlos Leach, Esq.
THE LEACH FIRM, P.A.
1950 Lee Rd., Suite 213
Winter Park, FL 32789
Telephone: (407) 574-4999
Facsimile: (833) 423-5864
Email: CLeach@theleachfirm.com
GEMSTONE SUPERMARKETS: Rivera Suit Seeks Unpaid Overtime Premiums
-----------------------------------------------------------------
Fidel Rivera, on behalf of himself and others similarly situated,
Plaintiff, v. Gemstone Supermarkets and David Mandell, Defendants,
Case No. 18-cv-05770 (E.D. N.Y., October 16, 2018), seeks to
recover unpaid overtime compensation, liquidated damages,
prejudgment and post-judgment interest and attorneys' fees and
costs pursuant to the Fair Labor Standards Act and unpaid "spread
of hours" premium pursuant to New York Labor Law and the New York
State Wage Theft Prevention Act.
Defendants operate as Key Food Supermarket located at 183-14
Hillside A venue, Jamaica, New York 11432 where Rivera worked as a
stock person. He did not receive written wage notices identifying
his regular hourly rate of pay and corresponding overtime rate of
pay. He claims to have worked over forty hours per week without a
designated break and was not paid proper overtime compensation.
[BN]
Plaintiff is represented by:
Justin Cilenti, Esq.
Peter H. Cooper, Esq.
CILENTI & COOPER, PLLC
708 Third Avenue, 6th Floor
New York, NY 10017
Tel. (212) 209-3933
Fax. (212) 209-7102
Email: info@jcpclaw.com
GENPACT SERVICES: Violates FDCPA, Bakhturidze Suit Asserts
----------------------------------------------------------
A class action lawsuit has been filed against Genpact Services LLC.
The case is styled as Eter Bakhturidze on behalf of herself and all
other similarly situated consumers, Plaintiff v. Genpact Services
LLC, Defendant, Case No. 1:18-cv-06567 (E.D. N.Y., Nov. 18, 2018).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Genpact, LLC provides collections and business services, and
technology solutions in the United States. Its finance and
accounting services include procure to pay, accounts payable and
receivables, fixed assets accounting, record to report, audits and
projects, books closure, accounts reconciliation, and planning and
performance management.[BN]
The Plaintiff is represented by:
Maxim Maximov, Esq.
Maxim Maximov, LLP
1701 Avenue P
Brooklyn, NY 11229
Phone: (718) 395-3459
Fax: (718) 408-9570
Email: m@maximovlaw.com
GEORGIAN COURT UNIVERSITY: Camacho Brings Suit in NY for ADA Breach
-------------------------------------------------------------------
A class action lawsuit has been filed against Georgian Court
University. The case is styled as Jason Camacho and on behalf of
all other persons similarly situated, Plaintiff v. Georgian Court
University, Defendant, Case No. 1:18-cv-10846 (S.D. N.Y., Nov. 19,
2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Georgian Court University is a private Roman Catholic university in
Lakewood Township, New Jersey. Founded in 1908 by the Sisters of
Mercy, the university has more than 1,500 undergraduates and nearly
600 graduate students.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
GETTYSBURG COLLEGE: Sued for Disabilities Act Violation
--------------------------------------------------------
A class action lawsuit has been filed against Gettysburg College.
The case is styled as Jason Camacho and on behalf of all other
persons similarly situated, Plaintiff v. Gettysburg College,
Defendant, Case No. 1:18-cv-10822 (S.D. N.Y., Nov. 19, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Gettysburg College is a private, four-year liberal arts college in
Gettysburg, Pennsylvania, United States. Founded in 1832, the
225-acre campus is adjacent to the Gettysburg Battlefield.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
GREY WOLF: Ottenweller Seeks Unpaid Wages for Delivery Drivers
--------------------------------------------------------------
DAVID OTTENWELLER, individually and on behalf of similarly situated
persons, the Plaintiff, vs. GREY WOLF CAPITAL, LLC; and DERRICK
YARBROUGH, the Defendants, Case 3:18-cv-03021-N (N.D. Tex., Nov.
12, 2018), seeks to recover unpaid minimum wages and overtime hours
under the Fair Labor Standards Act of 1938.
According to the complaint, the Defendants operate numerous Papa
John's franchise stores. Defendants employ delivery drivers who use
their own automobiles to deliver pizza and other food items to
their customers. However, instead of reimbursing delivery drivers
for the reasonably approximate costs of the business use of their
vehicles, 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
lawsuit says.[BN]
Attorneys for Plaintiffs:
Matthew Haynie, Esq.
J. Forester, Esq.
FORESTER HAYNIE PLLC
1701 N. Market Street, Suite 210
Dallas, TX 75202
Telephone: (214) 210 2100
Facsimile: (214) 346 5909
E-mail: www.foresterhaynie.com
HEALTHY & BEAUTY: Jing Wang Files FLSA Suit in New Jersey
---------------------------------------------------------
A class action lawsuit has been filed against Healthy & Beauty Way
Group Inc., et al. The case is styled as Jing Wang individually and
on behalf of all others similarly situated, Plaintiff v. Healthy &
Beauty Way Group Inc. d/b/a Healthy & Beauty Way, Xiaoyi Hong,
Defendants, Case No. 2:18-cv-16222 (D. N.J., Nov. 16, 2018).
The Plaintiff filed the case under the Fair Labor Standards Act.
Healthy & Beauty Way Group Inc is a privately held company in
Maywood, NJ and is a Single Location business, categorized under
Health Services.[BN]
The Plaintiff appears pro se.
HIGHGATE HOTELS: Olsen Files ADA Suit in New York
-------------------------------------------------
A class action lawsuit has been filed against Highgate Hotels, L.P.
The case is styled as Thomas J. Olsen individually and on behalf of
all other persons similarly situated, Plaintiff v. Highgate Hotels,
L.P. doing business as: Park Central Hotel, Defendants, Case No.
1:18-cv-10768 (S.D. N.Y., Nov. 18, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Highgate Hotels, L.P. invests in, operates, and manages hospitality
properties. The company was founded in 1988 and is based in Irving,
Texas.[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
HILTON GRAND: Glasser Appeals Ruling in TCPA Suit to 11th Circuit
-----------------------------------------------------------------
Plaintiff Melanie Glasser filed an appeal from a court ruling in
her lawsuit titled Melanie Glasser v. Hilton Grand Vacations
Company, Case No. 8:16-cv-00952-JDW-AAS, in the U.S. District Court
for the Middle District of Florida.
As reported in the Class Action Reporter on Oct. 11, 2018, the
District Court issued an order granting the Defendant's Motion for
Summary Judgment.
In this action alleging violations of the Telephone Consumer
Protection Act (TCPA), the Plaintiff alleges that Hilton Grand
Vacations Company, LLC, used an automated telephone dialing system
(ATDS) to make telemarketing calls to her cell phone without her
consent. The Plaintiff claims that the Defendant placed calls to
her cell phone using an ATDS without her consent in violation of
the TCPA.
The appellate case is captioned as Melanie Glasser v. Hilton Grand
Vacations Company, Case No. 18-14499, in the United States Court of
Appeals for the Eleventh Circuit.[BN]
Plaintiff-Appellant MELANIE GLASSER, individually and on behalf of
all others similarly situated, is represented by:
Amanda J. Allen, Esq.
William Peerce Howard, Esq.
THE CONSUMER PROTECTION FIRM
4030 Henderson Blvd.
Tampa, FL 33629
Telephone: (813) 500-1500
E-mail: Amanda@TheConsumerProtectionFirm.com
Billy@TheConsumerProtectionFirm.com
- and -
Keith J. Keogh, Esq.
Timothy James Sostrin, Esq.
KEOGH LAW, LTD
55 W Monroe St., Suite 3390
Chicago, IL 60603
Telephone: (312) 726-1092
Facsimile: (312) 726-1093
E-mail: Keith@Keoghlaw.com
TSostrin@KeoghLaw.com
Defendant-Appellee HILTON GRAND VACATIONS COMPANY, LLC, is
represented by:
Angela Christine Agrusa, Esq.
David B. Farkas, Esq.
DLA PIPER LLP (US)
2000 Avenue of the Stars, Suite 400N
Los Angeles, CA 90067-4704
Telephone: (310) 595-3000
E-mail: angela.agrusa@dlapiper.com
david.farkas@dlapiper.com
- and -
Sandra Jessica Millor, Esq.
Lawrence D. Silverman, Esq.
AKERMAN, LLP
3 Brickell City Ctr.
98 SE 7th St., Suite 1100
Miami, FL 33131
Telephone: (305) 982-5600
E-mail: sandra.millor@akerman.com
lawrence.silverman@akerman.com
HOME BREW MART: Denied Workers Overtime Pay, Jankeel Suit Asserts
-----------------------------------------------------------------
Sam Jankeel, individually and on behalf of other persons similarly
situated, Plaintiff, v. Home Brew Mart, Inc., Constellation Brands,
Inc. and Does 1 through 50, inclusive, Defendants, Case No.
37-2018-00052349 (Cal. Super. October 16, 2018), seeks redress for
Defendants' failure to pay overtime and minimum wages, failure to
provide proper wage statements and failure to pay earned wages upon
discharge including waiting time penalties under Unfair Business
Practices statures of the California Business and Professions Code,
the California Labor Code and applicable Industrial Welfare
Commission Orders.
Defendants operate as Ballast Point Brewing Company, a firm
involved in the production and marketing of beer, wine and spirits
where Jankeel worked as a dishwasher.
Plaintiff is represented by:
Brian D. Chase, Esq.
Jerusalem F. Beligan, Esq.
Ian M. Silvers, Esq.
BISNAR CHASE LLP
1301 Dove Street, Suite 120
Newport Beach, CA 92660
Telephone: (949) 752-2999
Facsimile: (949) 752-2777
Email: bchase@bisnarchase.com
jbeligan@bisnarchase.com
isilvers@bisnarchase.com
INFINITY INSURANCE: Lowenthal Appeals C.D. Cal. Order to 9th Cir.
-----------------------------------------------------------------
Plaintiff Brian M. Lowenthal filed an appeal from a court ruling in
the lawsuit entitled Brian Lowenthal v. Infinity Insurance Company,
Case No. 2:16-cv-01355-R-JPR, in the U.S. District Court for the
Central District of California, Los Angeles.
The appellate case is captioned as Brian Lowenthal v. Infinity
Insurance Company, Case No. 18-56486, in the United States Court of
Appeals for the Ninth Circuit.
The lawsuit arises from insurance-related issues.
As previously reported in the Class Action Reporter, the lawsuit
was filed by Plaintiffs James B. Copelan and Brian M. Lowenthal.
They previously filed an appeal from a court ruling in their
lawsuit. That appellate case is styled as James Copelan, et al. v.
Infinity Insurance Company, et al., Case No. 16-55980.
The briefing schedule in the Appellate Case is set as follows:
-- Appellant Brian M Lowenthal's opening brief is due on
January 7, 2019;
-- Appellee Infinity Insurance Company's answering brief is
due on February 7, 2019; and
-- Appellant's optional reply brief is due 21 days after
service of the answering brief.[BN]
Plaintiff-Appellant BRIAN M LOWENTHAL, on behalf of themselves and
all others similarly situated, is represented by:
Montie S. Day, Esq.
DAY LAW OFFICES
59 Damonte Ranch Parkway, Suite B-482
Reno, NV 89521
Telephone: (208) 280-3766
E-mail: msdayesq@aol.com
Defendant-Appellee INFINITY INSURANCE COMPANY is represented by:
Charles Andrew Danaher, Esq.
SHEPPARD MULLIN RICHTER & HAMPTON LLP
501 West Broadway
San Diego, CA 92101-3598
Telephone: (619) 633-6548
E-mail: cdanaher@sheppardmullin.com
- and -
Theona Zhordania-Taat, Esq.
SHEPPARD MULLIN RICHTER & HAMPTON LLP
333 South Hope Street
Los Angeles, CA 90071-1448
Telephone: (213) 620-1780
E-mail: tzhordania@sheppardmullin.com
IOVATE HEALTH: Second Circuit Appeal Filed in Hu Class Suit
-----------------------------------------------------------
Plaintiff Miao Xin Hu filed an appeal from a District Court
judgment entered on October 15, 2018, in her lawsuit styled Xin Hu
v. Iovate Health Sciences USA, Inc., Case No. 17-cv-9427, in the
U.S. District Court for the Southern District of New York (New York
City).
The nature of suit is stated as torts property - fraud.
As previously reported in the Class Action Reporter, the purported
class action lawsuit was initiated on December 1, 2017.
Iovate Health Sciences U.S.A., Inc., manufactures and sells a line
of weight loss dietary supplements to major retailers in the United
States.
The appellate case is captioned as Xin Hu v. Iovate Health Sciences
USA, Inc., Case No. 18-3217, in the United States Court of Appeals
for the Second Circuit.[BN]
Plaintiff-Appellant Miao Xin Hu, on behalf of herself and all
others similarly situated, is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street
New York, NY 10016
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
E-mail: cklee@leelitigation.com
Defendant-Appellee Lovate Health Sciences USA, Inc., is represented
by:
Joel C. Haims, Esq.
MORRISON & FOERSTER LLP
250 West 55th Street
New York, NY 10019
Telephone: (212) 468-8000
E-mail: jhaims@mofo.com
KENDRA SCOTT: Website not Accessible to Blind, Garey Says
---------------------------------------------------------
KEVIN GAREY, on behalf of himself and all others similarly
situated, the Plaintiffs, v. KENDRA SCOTT, LLC.,, the Defendant,
Case No.: 1:18-cv-10505 (S.D.N.Y. Nov. 13, 2018), seeks to put an
end to systemic civil rights violations committed by Defendant
against sight-impaired, disabled individuals, under Americans with
Disability Act.
According to the complaint, the Plaintiff is a visually-impaired
and legally blind person who requires screen-reading software to
access and read website content using his computer. The Plaintiff
uses the terms "blind" or "visually-impaired" to refer to all
individuals with visual impairments who meet the legal definition
of blindness in that they have a visual acuity with correction of
less than or equal to 20/200. Some blind individuals who meet this
definition have limited vision. Others have no vision. Based on a
2010 U.S. Census Bureau report, approximately 8.1 million
individuals in the United States are visually impaired, including
2.0 million who are blind, and according to the American Foundation
for the Blind's 2015 report, approximately 400,000 visually
impaired persons live in the State of New York.
The Plaintiff contends that the Defendants failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other similarly
situated blind or visually-impaired persons. The Defendants' denial
of full and equal access to its website, and therefore denial of
its products and services offered thereby and in conjunction with
its physical locations, is a violation of the Plaintiff’s rights
under the Americans with Disabilities Act (ADA). Because the
Defendants' website is not equally accessible to blind and
visually-impaired individuals, it violates the ADA, the lawsuit
says.[BN]
Attorneys for Plaintiff:
Jonathan Shalom, Esq.
SHALOM LAW, PLLC
124-04 Metropolitan Avenue
Kew Gardens, NY 11415
Telephone: (718) 971-9474
Facsimile: (718) 865-0943
E-mail: Jshalom@jonathanshalomlaw.com
LAFAYETTE 148: Garey Files ADA Class Suit in S.D.N.Y.
-----------------------------------------------------
A class action lawsuit has been filed against Lafayette 148, Inc.
The case is styled as Kevin Garey on behalf of himself and all
others similarly situated, Plaintiff v. Lafayette 148, Inc.,
Defendant, Case No. 1:18-cv-10805 (S.D. N.Y., Nov. 19, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Lafayette 148 New York Inc. manufactures and sells designer apparel
for women. It offers outfits, tops and tees, blouses and shirts,
sweaters and knits, dresses, jackets and coats, pants, denims,
skirts, suitings, and leathers; petites and plus size apparel; and
accessories, such as belts, jewelry, scarves, and handbags.[BN]
The Plaintiff is represented by:
Jonathan Shalom, Esq.
The Law Offices of Jonathan Shalom
124-04 Metropolitan Avenue
Kew Gardens, NY 11374
Phone: (516) 807-1748
Email: jshalom@jonathanshalomlaw.com
LAWRENCE UNIVERSITY: Breaches ADA, Camacho Suit Alleges
--------------------------------------------------------
A class action lawsuit has been filed against Lawrence University.
The case is styled as Jason Camacho and on behalf of all other
persons similarly situated, Plaintiff v. Lawrence University,
Defendant, Case No. 1:18-cv-10850 (S.D. N.Y., Nov. 19, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Lawrence University is a liberal arts college and conservatory of
music in Appleton, Wisconsin, United States. Founded in 1847, the
school held its first classes on November 12, 1849. Lawrence was
the second college in the United States to be founded as a
coeducational institution.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
LDWB LLC: Class of Servers Certified Under FLSA in Hoff Suit
------------------------------------------------------------
The Hon. Lee Yeakel grants the Plaintiff's Motion for Expedited
Conditional Certification of Collective Action and Judicially
Supervised Notice under Section 216(b) of the Fair Labor Standards
Act in the lawsuit entitled MASON HOFF, INDIVIDUALLY AND ON BEHALF
OF ALL OTHERS SIMILARLY SITUATED v. LDWB, LLC; LDWB #2, LLC, THE
LONESOME DOVE WESTERN BISTRO, LTD., AND LDWB KNOX, LLC, Case No.
1:18-cv-00378-LY (W.D. Tex.).
This class is conditionally certified as a collective action under
the FLSA:
all individuals who worked as servers for Lonesome Dove in
the Austin and Knoxville restaurants from October 23, 2015
to October 23, 2018.
The Motion to Strike Portions of Plaintiff's Evidence in Support of
Plaintiff's Motion for Expedited Conditional Certification of
Collective Action filed July 25, 2018, is granted to the following
extent: paragraph 15 of the Declaration of Mason Hoff and paragraph
15 of the Declaration of Grant West are stricken. In all other
respects the motion is denied.
The Parties shall provide the Court with a proposed method of
notifying potential class members on or before November 30, 2018.
Lonesome Dove operates three restaurants in Austin, Fort Worth, and
Knoxville. Mr. Hoff moves for conditional certification of himself
and other similarly-situated individuals, who were employed as
servers for Lonesome Dove in Austin, Fort Worth, and Knoxville. He
alleges that Lonesome Dove violated the Fair Labor Standards Act at
all three of its restaurants because of three restaurant-wide
policies: (1) a requirement that servers share their tips with
non-tipped and managerial employees; (2) a requirement that servers
pay for customer meals that they did not ring up; and (3) a
required purchase of Lonesome Dove uniforms.[CC]
LONGSON PROPERTIES: Honeywell Suit Asserts Disabilities Act Breach
------------------------------------------------------------------
A class action lawsuit has been filed against Longson Properties,
LLC. The case is styled as Cheri Honeywell individually and on
behalf of all others similarly situated, Plaintiff v. Longson
Properties, LLC. a Florida limited liability company, Defendant,
Case No. 0:18-cv-62808-FAM (S.D. Fla., Nov. 16, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Longson Properties, LLC, is in the real estate business.[BN]
The Plaintiff is represented by:
Jessica Lynn Kerr, Esq.
Jessica L.Kerr, P.A. dba The Advocacy Group
200 S.E. 6th Street, Suite 504
Fort Lauderdale, FL 33301
Phone: (954) 282-1858
Fax: (844) 786-3694
Email: service@advocacypa.com
LOYOLA UNIVERSITY: Faces Lawsuit in NY Under ADA
------------------------------------------------
A class action lawsuit has been filed against Loyola University New
Orleans. The case is styled as Jason Camacho and on behalf of all
other persons similarly situated, Plaintiff v. Loyola University
New Orleans, Defendant, Case No. 1:18-cv-10816 (S.D. N.Y., Nov. 19,
2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Loyola University New Orleans is a private, co-educational, Jesuit
university located in New Orleans, Louisiana. Originally
established as Loyola College in 1904, the institution was
chartered as a university in 1912. It bears the name of the Jesuit
founder, Saint Ignatius of Loyola.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
MANHATTANVILLE COLLEGE: Camacho Sues for Breach of Disabilities Act
-------------------------------------------------------------------
A class action lawsuit has been filed against Manhattanville
College. The case is styled as Jason Camacho and on behalf of all
other persons similarly situated, Plaintiff v. Manhattanville
College, Defendant, Case No. 1:18-cv-10762 (S.D. N.Y., Nov. 17,
2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Manhattanville College is a private, coeducational liberal arts
college offering undergraduate and graduate degrees, located in the
village of Harrison near Purchase, New York, in suburban
Westchester County, north of New York City.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
MARRIOTT INT'L: Faces Lawsuit Over Royal Hawaiian Strike
--------------------------------------------------------
Brigette Namata, writing for Khon2, reports that a newly married
husband and wife from North Carolina have filed a class-action
lawsuit against Marriott International and Kyo-Ya Hotels and
Resorts.
The couple alleges they were not told hotel workers were on strike,
and it ruined their honeymoon.
Ovais Inamullah, an emergency room physician at Duke University
Hospital, and his wife Sana booked a 5-night stay at The Royal
Hawaiian in Waikiki in October. But it was unlike the paradise
experience they expected.
"They were ripped off. They planned what was supposed to be a
lovely honeymoon in one of the nicest luxurious hotels on the
island, and they did not get what they paid for," said their
attorney, Bridget Morgan, Esq. -- morgan@bsds.com
The Honolulu-based attorney said the couple had limited to no
housekeeping services, valet parking, room service, pool
attendants, and most of the restaurants and bars were not open.
"He described having to walk several blocks to park their car every
time they leave, cause there was no valet service. They were very
disappointed," said Morgan.
She adds The Royal Hawaiian did not tell the couple about the
strike until they arrived - even though the hotel knew about the
strike beforehand.
"They received a pamphlet that described how limited services would
be. It did say they would receive headphones to block noise," said
Morgan.
The newly married couple said they spent nearly 2400 dollars for
their 5 night stay, and want their money back.
"Part of the thing so upsetting was they didn't have a choice. Or
(the hotel) let them know, 'Hey we know you booked with us, but
(the hotel workers arE) striking. They would have stayed somewhere
else. They were deceived. Didn't feel they got what they bargained
for. They felt ripped off," said Morgan.
KHON2 reached out to The Royal Hawaiian hotel, but have not yet
received a response.
Paola Rodelas, Communications and Community Organizer with Local 5
says "Local 5 members are demanding that Marriott make one job
enough to live in Hawaii."
The strike, which started on October 8, is ongoing.[GN]
MDL 2724: Endo's Bid to Dismiss Denied in Part
----------------------------------------------
Endo International plc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on November 8, 2018, for the
quarterly period ended September 30, 2018, that the MDL court in
the case entitled, In re Generic Pharmaceuticals Pricing Antitrust
Litigation (MDL No. 2724), denied portions of the defendants'
motions to dismiss and has yet to rule on other aspects.
Certain cases alleging price-fixing and other anticompetitive
conduct with respect to various generic pharmaceutical products
have been consolidated and/or coordinated for pretrial proceedings
in a federal MDL pending in the U.S. District Court for the Eastern
District of Pennsylvania under the caption In re Generic
Pharmaceuticals Pricing Antitrust Litigation (MDL No. 2724).
Among the lawsuits consolidated and/or coordinated in the MDL, the
earliest lawsuits naming the Company and/or its subsidiaries were
filed in November 2016 and related to digoxin and doxycycline.
The private plaintiffs in the MDL include alleged direct
purchasers, end-payers and indirect purchaser resellers who purport
to represent not only themselves but also all others similarly
situated. At the MDL court's direction, in August 2017, each group
of private plaintiffs (direct purchasers, end-payers and indirect
purchaser resellers) filed separate consolidated amended class
action complaints as to each of 18 products, except with respect to
one product (propranolol) direct purchaser plaintiffs stated their
intention to proceed on a consolidated amended complaint filed in
the U.S. District Court for the Southern District of New York prior
to MDL transfer (the Southern District of New York had denied a
motion to dismiss this complaint).
Each of the consolidated amended complaints filed in August 2017
relates to one product, and the company's subsidiary PPI was named
as a defendant in complaints relating to the following six
products: digoxin, doxycycline hyclate, divalproex ER, propranolol,
baclofen and amitriptyline hydrochloride. The MDL court divided the
various cases into three separate product-based tranches for
certain administrative and scheduling purposes, including briefing
on motions to dismiss, and allowed certain targeted discovery.
As to the six products in the first tranche (including digoxin,
doxycycline hyclate and divalproex ER), defendants filed motions to
dismiss in October 2017. In October 2018, the MDL court denied
portions of these motions and has yet to rule on other aspects.
Endo International plc, a specialty pharmaceutical company,
manufactures and sells generic and branded pharmaceuticals in the
United States, Canada, and internationally. The company operates
through three segments: U.S. Generic Pharmaceuticals, U.S. Branded
Pharmaceuticals, and International Pharmaceuticals. Endo
International plc was founded in 1920 and is headquartered in
Dublin, Ireland.
MDL 2724: Perrigo Bid to Dismiss Price Fixing Suit Denied in Part
-----------------------------------------------------------------
Perrigo Company plc said in its Form 10-Q Report filed with the
Securities and Exchange Commission on November 8, 2018, for the
quarterly period ended September 29, 2018, that a court has denied
in part the company's motion to dismiss lawsuits over the sales of
Clobetasol and Econazole.
The company has been named as a co-defendant with certain other
generic pharmaceutical manufacturers in a number of class actions
alleging that the company and other manufacturers of the same
product engaged in anti-competitive behavior to fix or raise the
prices of certain drugs starting, in some instances, as early as
June 2013. The products in question are Clobetasol, Desonide, and
Econazole.
Recently, the same class plaintiffs have filed new complaints
naming the company as a co-defendant, along with 27 other
manufacturers, alleging an overarching conspiracy to fix or raise
the prices of 15 generic prescription pharmaceutical products
starting in 2011.
Perrigo manufactures only two of the products at issue, Nystatin
cream and Nystatin ointment. The company has also recently been
named a co-defendant along with 35 other manufacturers in a
complaint filed by three supermarket chains alleging that
defendants conspired to fix prices of 31 generic prescription
pharmaceutical products starting in 2013, and another by a large
managed care organization alleging price-fixing and customer
allocation concerning 17 different products among 27 manufacturers
including Perrigo.
These complaints, along with complaints filed against other
companies alleging price fixing with respect to more than two dozen
other drugs, have been consolidated for pretrial proceedings as
part of a case captioned In re Generic Pharmaceuticals Pricing
Antitrust Litigation, MDL No. 2724 in the U.S. District Court for
the Eastern District of Pennsylvania.
Pursuant to the court's schedule staging various cases in phases,
the company moved to dismiss the complaints relating to Clobetasol
and Econazole. The Court issued a decision denying the motions in
part in October 2018, while other portions of the motions to
dismiss remain pending and undecided.
A schedule for responses to the other complaints will be determined
and limited discovery relating to the claims in the various claims
will commence.
Perrigo said, "At this stage, we cannot reasonably predict the
outcome of the liability, if any, associated with these claims."
Perrigo Company plc, a healthcare company, manufactures and
supplies over-the-counter (OTC) healthcare products, infant
formulas, branded OTC products, and generic pharmaceutical products
worldwide. The company operates through Consumer Healthcare
Americas, Consumer Healthcare International, and Prescription
Pharmaceuticals segments. Perrigo Company plc was founded in 1887
and is headquartered in Dublin, Ireland.
MIMI FROCKS: Garey Sues Boutique Under Disabilities Act
-------------------------------------------------------
A class action lawsuit has been filed against Mimi Frocks Inc. The
case is styled as Kevin Garey on behalf of himself and all others
similarly situated, Plaintiff v. Mimi Frocks Inc., Defendant, Case
No. 1:18-cv-10803 (S.D. N.Y., Nov. 19, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Mimi Frocks Inc. (trade name Meg) is in the Boutiques
business.[BN]
The Plaintiff is represented by:
Jonathan Shalom, Esq.
The Law Offices of Jonathan Shalom
124-04 Metropolitan Avenue
Kew Gardens, NY 11374
Phone: (516) 807-1748
Email: jshalom@jonathanshalomlaw.com
MOLTON BROWN: Figueroa Files Class Action Under Disabilities Act
----------------------------------------------------------------
A class action lawsuit has been filed against Molton Brown USA LLC.
The case is styled as Jose Figueroa on behalf of himself and all
others similarly situated, Plaintiff v. Molton Brown USA LLC,
Defendant, Case No. 1:18-cv-10827 (S.D. N.Y., Nov. 19, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Molton Brown was founded as a hair salon in 1973 by Caroline
Burstein and has since become one of the UK's upmarket personal
care firms. Molton Brown's products are sold within its own network
of retail stores and department stores 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
MONEYGRAM INT'L: Rosen Law Firm Investigates Securities Claims
--------------------------------------------------------------
Rosen Law Firm, a global investor rights law firm, is investigating
potential securities claims on behalf of shareholders of MoneyGram
International, Inc. (NASDAQ:MGI) resulting from allegations that
MoneyGram may have issued materially misleading business
information to the investing public.
On November 8, 2018, the Federal Trade Commission announced that
MoneyGram agreed to pay $125 million to settle allegations that the
company "failed to take steps required under a 2009 Federal Trade
Commission order to crack down on fraudulent money transfers[.]"
The $125 million payment would also resolve allegations that
MoneyGram violated a separate 2012 deferred prosecution agreement
with the Department of Justice.
Then, on November 9, 2018, MoneyGram reported a decrease in money
transfer revenue due to the "impact of higher compliance standards
and newly implemented corridor specific controls." On this news,
MoneyGram's stock price plummeted $2.20 per share or over 49% to
close at $2.27 per share on November 9, 2018.
Rosen Law Firm is preparing a class action lawsuit to recover
losses suffered by MoneyGram investors.
Follow us for updates on LinkedIn:
https://www.linkedin.com/company/the-rosen-law-firm or on Twitter:
https://twitter.com/rosen—firm.
Laurence Rosen, Esq.
Phillip Kim, Esq.
Zachary Halper, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 34th Floor
New York, NY 10016
Telephone: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
Email: lrosen@rosenlegal.com
pkim@rosenlegal.com
zhalper@rosenlegal.com [GN]
MOSCOT.COM LLC: Eyewear Seller Sued in NY for ADA Violation
-----------------------------------------------------------
A class action lawsuit has been filed against Moscot.com LLC. The
case is styled as Jose Figueroa on behalf of himself and all others
similarly situated, Plaintiff v. Moscot.com LLC, Defendant, Case
No. 1:18-cv-10829 (S.D. N.Y., Nov. 19, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
MOSCOT is a NYC Institution renowned worldwide for its iconic
eyewear.[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
MUHLENBERG COLLEGE: Camacho Brings Class Action Under ADA
---------------------------------------------------------
A class action lawsuit has been filed against Muhlenberg College.
The case is styled as Jason Camacho and on behalf of all other
persons similarly situated, Plaintiff v. Muhlenberg College,
Defendant, Case No. 1:18-cv-10761 (S.D. N.Y., Nov. 17, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Muhlenberg College is a private liberal arts college located in
Allentown, Pennsylvania, United States. Founded in 1848, Muhlenberg
is affiliated with the Evangelical Lutheran Church in America and
is named for Henry Melchior Muhlenberg, the German patriarch of the
Lutheran Church in America.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
NATIONAL STORAGE: Ornelas Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against National Storage
Affiliates Trust. The case is styled as Diefo Ornelas an
individual, on behalf of himself and others similarly situated,
Plaintiff v. National Storage Affiliates Trust, a Maryland Real
Estate Investment Trust, Defendant, Case No. CGC18571421 (Cal.
Super. Ct., San Francisco Cty., Nov. 19, 2018).
The case type is stated as "Other Non-Exempt Complaints".
National Storage Affiliates Trust is a Maryland real estate
investment trust focused on the ownership, operation and
acquisition of self storage properties located within the top 100
metropolitan statistical areas throughout the United States. The
Company currently holds ownership interests in and operates 669
self storage properties located in 34 states and Puerto Rico with
approximately 42.5 million rentable square feet.[BN]
The Plaintiff is represented by David Yeremian, Esq.
NATIONWIDE CREDIT: Certification of Class Sought in Wood Suit
-------------------------------------------------------------
Elizabeth Wood moves the Court to certify the class described in
the complaint of the lawsuit captioned ELIZABETH WOOD, Individually
and on Behalf of All Others Similarly Situated v. NATIONWIDE
CREDIT, INC., Case No. 2:18-cv-01755 (E.D. Wisc.), and further asks
that the Court both stay the motion for class certification and to
grant the Plaintiff (and the Defendant) relief from the Local Rules
setting automatic briefing schedules and requiring briefs and
supporting material to be filed with the Motion.
Dicta in the Supreme Court's decision in Campbell-Ewald Co. v.
Gomez, left open the possibility that a defendant facing a class
action complaint could moot a class representative's case by
depositing funds equal to or in excess of the maximum value of the
plaintiff's individual claim with the court and having the court
enter judgment in the plaintiff's favor prior to the filing of a
class certification motion, the Plaintiff asserts, citing
Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016).
To avoid the risk of a defendant mooting a putative class
representative's individual stake in the litigation, the Seventh
Circuit instructed plaintiffs to file a certification motion with
the complaint, along with a motion to stay briefing on the
certification motion. Damasco v. Clearwire Corp., 662 F.3d 891,
896 (7th Cir. 2011), overruled on other grounds, Chapman v. First
Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015) ("The pendency of
that motion [for class certification] protects a putative class
from attempts to buy off the named plaintiffs.").
While the Seventh Circuit has held that the specific procedure
described in Campbell-Ewald cannot force the individual settlement
of a class representative's claims, the same decision cautions that
other methods may prevent a plaintiff from representing a class,
the Plaintiff tells the Court, citing Fulton Dental, LLC v. Bisco,
Inc., No. 16-3574, 2017 U.S. App. LEXIS 10839 *9-10 (7th Cir. June
20, 2017). The Plaintiff asserts that one defendant has attempted
a similar tactic by sending a certified check to the proposed class
representative. Bonin v. CBS Radio, Inc., No. 16-cv-674-CNC (E.D.
Wis.); see also Severns v. Eastern Account Systems of Connecticut,
Inc., Case No. 15-cv-1168, 2016 U.S. Dist. LEXIS 23164 (E.D. Wis.
Feb. 24, 2016).
The Plaintiff is obligated to move for class certification to
protect the interests of the putative class, the Plaintiff
contends.
As the Motion to certify a class is a placeholder motion as
described in Damasco, the parties and the Court should not be
burdened with unnecessary paperwork and the resulting expense when
short motion to certify and stay should suffice until an amended
motion is filed, the Plaintiff contends.
The Plaintiff also asks to be appointed as class representative,
and for the appointment of Ademi & O'Reilly, LLP, as class
counsel.[CC]
The Plaintiff is represented by:
John D. Blythin, Esq.
Mark A. Eldridge, Esq.
Jesse Fruchter, Esq.
Ben J. Slatky, Esq.
ADEMI & O'REILLY, LLP
3620 East Layton Avenue
Cudahy, WI 53110
Telephone: (414) 482-8000
Facsimile: (414) 482-8001
E-mail: jblythin@ademilaw.com
meldridge@ademilaw.com
jfruchter@ademilaw.com
bslatky@ademilaw.com
NAZARETH COLLEGE: Faces Camacho ADA Class Action in S.D.N.Y.
------------------------------------------------------------
A class action lawsuit has been filed against Nazareth College. The
case is styled as Jason Camacho and on behalf of all other persons
similarly situated, Plaintiff v. Nazareth College, Defendant, Case
No. 1:18-cv-10851 (S.D. N.Y., Nov. 19, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Nazareth College is a coeducational, private, religiously
independent college in Pittsford, a suburb of Rochester, in the
U.S. state of New York. Founded by the Sisters of St. Joseph in
1924, the college offers more than 60 undergraduate majors and 24
graduate programs.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
NEMO TILE: Violates ADA, Figueroa Suit Says
-------------------------------------------
A class action lawsuit has been filed against Nemo Tile Co. Inc.
The case is styled as Jose Figueroa on behalf of himself and all
others similarly situated, Plaintiff v. Nemo Tile Co. Inc.,
Defendant, Case No. 1:18-cv-10833 (S.D. N.Y., Nov. 19, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Nemo Tile offers a vast range of surface materials, from tile to
stone to custom cabinetry.[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
NEW YORK SHAVING: Figueroa Files ADA Class Suit
-----------------------------------------------
A class action lawsuit has been filed against New York Shaving
Corporation. The case is styled as Jose Figueroa on behalf of
himself and all others similarly situated, Plaintiff v. New York
Shaving Corporation, Defendant, Case No. 1:18-cv-10837 (S.D. N.Y.,
Nov. 19, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
The New York Shaving Company sells shaving products and
services.[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
NEW YORK: Kreh Appeals N.D. New York Decision to Second Circuit
---------------------------------------------------------------
Plaintiffs Sara A. Knapp, Frederick Kowal, David Kreh, Alvin Magid,
United University Professions and Lawrence S. Wittner filed an
appeal from the District Court's memorandum-decision and order, and
judgment, both entered on September 24, 2018, in their lawsuit
styled Kreh, et al. v. Cuomo, et al., Case No. 11-cv-1529, in the
U.S. District Court for the Northern District of New York
(Syracuse).
The nature of suit is stated as local question - constitutional.
The appellate case is captioned as Kreh, et al. v. Cuomo, et al.,
Case No. 18-3220, in the United States Court of Appeals for the
Second Circuit.[BN]
Plaintiffs-Appellants David Kreh, individually and on behalf of all
persons similarly situated, FKA Hyman Kuritz; Alvin Magid,
individually and on behalf of all persons similarly situated; Sara
A. Knapp, individually and on behalf of all persons similarly
situated; Lawrence S. Wittner, individually and on behalf of all
persons similarly situated; United University Professions; and
Frederick Kowal, as President of the United University Professions
are represented by:
Robert T. Reilly, Jr., Esq.
NEW YORK STATE UNITED TEACHERS
800 Troy-Schenectady Road
Latham, NY 12110
Telephone: (518) 213-6000
Defendants-Appellees Andrew M. Cuomo, in his official capacity as
Governor of the State of New York; Patricia A. Hite, in her
official capacity as Acting President of the New York State
Department of Civil Service and as Acting Commissioner of the New
York State Department of Civil Service; Caroline W. Ahl, in her
official capacity as Commissioner of the New York State Civil
Service Commission; J. Dennis Hanrahan, in his official capacity as
Commissioner of the New York State Civil Service Commission; Robert
L. Megna, in his official capacity as Director of the New York
State Division of the Budget; Gary Johnson, in his official
capacity as Director of the New York State Governor's Office of
Employee Relations; and Thomas P. DiNapoli, in his official
capacity as Comptroller of the State of New York, are represented
by:
Barbara D. Underwood, Esq.
NEW YORK STATE OFFICE OF THE ATTORNEY GENERAL
28 Liberty Street
New York, NY 10005
Telephone: (212) 416-8000
E-mail: barbara.underwood@ag.ny.gov
NUTRAKEY LLC: Faces Product Liability Suit in Calif. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Nutrakey, LLC. The
case is styled as Adrian Canizalez individually and on behalf of
all others similarly situated, Plaintiff v. Nutrakey, LLC,
Defendant, Case No. 3:18-cv-02645-AJB-MSB (S.D. Cal., Nov. 19,
2018).
The nature of suit is stated as Tort Product Liability.
Nutrakey, LLC is in the Medicines, Capsuled or Ampuled
business.[BN]
The Plaintiff is represented by:
Gayle M Blatt, Esq,
Casey, Gerry, Schenk, Francavilla, Blatt & Penfield LLP
110 Laurel Street
San Diego, CA 92101-1406
Phone: (619) 238-1811
Fax: (619) 544-9232
Email: gmb@cglaw.com
OFFICE DEPOT: Alvarez Moves to Certify Class and Three Subclasses
-----------------------------------------------------------------
The Plaintiff moves the Court to certify that the action captioned
ALVIN ALVAREZ, individually, and on behalf of other members of the
general public similarly situated v. OFFICE DEPOT, INC., a Delaware
corporation; and DOES 1 through 10, inclusive, Case No.
2:17-cv-07220-PSG-AFM (C.D. Cal.), is maintainable as a class
action pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of
Civil Procedure as to these claims:
(a) Violation of California Labor Code Sections 510 and 1198
(Unpaid Overtime);
(b) Violation of California Labor Code sections 1182.12, 1194,
1197, 1197.1 and 1198 (Unpaid Minimum Wages);
(c) Violation of California Labor Code section 226.7 and
512(a) (Failure to Pay Meal Period Premiums);
(d) Violation of California Labor Code section 226.7 and 1198
(Failure to Authorize and Permit Rest Periods);
(e) Violation of California Labor Code section 2802
(Unreimbursed Business Expenses);
(f) Violation of California Labor Code section 226(a), 1174(d)
and 1198 (Non-Compliant Wage Statements);
(g) Violation of California Labor Code sections 201, 202 and
203 (Wages Not Timely Paid Upon Termination); and
(h) Violation of California Business & Professions Code
sections 17200, et seq.
Mr. Alvarez moves to certify these class and three subclasses:
* Class: All hourly, non-exempt employees of Office Depot
working in warehouse and/or distribution centers in
the State of California from August 28, 2013 through
the date of certification (hereinafter referred to as
the proposed "Class Members");
* Rest Break Subclass: All Class Members who worked shifts
more than 3.5 hours in length;
* Drug-testing Subclass: All Class Members who were required
to undergo mandatory drug-testing after they accepted
an offer of employment with Office Depot but before
they began working; and
* Regular Rate Subclass: All Class Members who were paid a
Supply Chain Safety Bonus for the same workweek that
they also received overtime pay, a meal period
premium and/or a rest break premium.
Mr. Alvarez also asks the Court to appoint him as class
representative, and to appoint Capstone Law APC as class counsel.
The Court will commence a hearing on February 11, 2019, at 1:30
p.m., to consider the Motion.[CC]
The Plaintiff is represented by:
Melissa Grant, Esq.
Robert J. Drexler, Jr., Esq.
Molly A. DeSario, Esq.
Jonathan Lee, Esq.
CAPSTONE LAW APC
1840 Century Park East, Suite 450
Los Angeles, CA 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
E-mail: Melisssa.Grant@capstonelawyers.com
Robert.Drexler@Capstonelawyers.com
Molly.DeSario@Capstonelawyers.com
Jonathan.Lee@capstonelawyers.com
PAM TRANSPORT: Browne Seeks to Certify Drivers Class & Subclasses
-----------------------------------------------------------------
Named Plaintiffs David Browne, Antonio Caldwell, and Lucretia Hall
move the Court to certify their action styled DAVID BROWNE, et al.
v. P.A.M. TRANSPORT, INC., et al., Case No. 5:16-cv-05366-TLB (W.D.
Ark.), as a class action as to their Arkansas state law claims.
The Named Plaintiffs seek to represent a class of:
individuals who were employed by Defendants as over-the-road
truck drivers, whether employed as a solo or team driver,
from December 9, 2013 to the present.
Subsumed in this definition are two subclasses:
a. All individuals who were paid wages and/or advances by
Defendants via COMDATA from December 9, 2013 to the
present; and
b. All individuals who were discharged from employment from
December 9, 2013 to the present.
Additionally, the Named Plaintiffs ask the Court to appoint them as
class representatives and to appoint Swartz Swidler LLC, Justin
Swidler, Esq., Richard Swartz, Esq., Joshua Boyette, Esq., and
Travis Martindale-Jarvis, Esq., as class counsel.[CC]
The Plaintiffs are represented by:
Justin L. Swidler, Esq.
Joshua S. Boyette, Esq.
Travis B. Martindale-Jarvis, Esq.
SWARTZ SWIDLER, LLC
1101 Kings Highway N, Ste. 402
Cherry Hill, NJ 08034
Telephone: (856) 685-7420
Facsimile: (856) 685-7417
E-mail: jswidler@swartz-legal.com
jboyette@swartz-legal.com
tmartindale@swartz-legal.com
PARACHUTE HOME: Bunting Sues Over ADA Breach in New York
--------------------------------------------------------
A class action lawsuit has been filed against Parachute Home Inc.
The case is styled as Rasheta Bunting individually and as the
representative of a class of similarly situated persons, Plaintiff
v. Parachute Home Inc., Defendant, Case No. 1:18-cv-06586 (E.D.
N.Y., Nov. 19, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Parachute Home Inc. designs and manufactures bedding products. It
offers sheet sets, duvet covers, pillow cases, shams, top sheets,
and fabric swatches. The company sells products online. Parachute
Home Inc. is based in Santa Monica, California.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
Shaked Law Group, P.C.
44 Court Street, Suite 1217
Brooklyn, NY 11217
Phone: (917) 373-9128
Fax: (718) 504-7555
Email: shakedlawgroup@gmail.com
PERRIGO CO: Continues to Defend Roofers' Pension Fund Suit
----------------------------------------------------------
Perrigo Company plc said in its Form 10-Q Report filed with the
Securities and Exchange Commission on November 8, 2018, for the
quarterly period ended September 30, 2018, that the company
continues to defend itself from a consolidated securities class
action suit entitled, Roofers' Pension Fund v. Papa, et al.
On May 18, 2016, a shareholder filed a securities case against the
company and its former CEO, Joseph Papa, in the U.S. District Court
for the District of New Jersey (Roofers' Pension Fund v. Papa, et
al.). The plaintiff purported to represent a class of shareholders
for the period from April 21, 2015 through May 11, 2016, inclusive.
The original complaint alleged violations of Securities Exchange
Act sections 10(b) (and Rule 10b‑5) and 14(e) against both
defendants and 20(a) control person liability against Mr. Papa. In
general, the allegations concerned the actions taken by the company
and the former executive to defend against the unsolicited takeover
bid by Mylan in the period from April 21, 2015 through November 13,
2015. The plaintiff also alleged that the defendants provided
inadequate disclosure concerning alleged integration problems
related to the Omega acquisition in the period from April 21, 2015
through May 11, 2016.
On July 19, 2016, a different shareholder filed a securities class
action against the company and its former CEO, Joseph Papa, also in
the District of New Jersey (Wilson v. Papa, et al.). The plaintiff
purported to represent a class of persons who sold put options on
our shares between April 21, 2015 and May 11, 2016.
In general, the allegations and the claims were the same as those
made in the original complaint filed in the Roofers' Pension Fund
case described above. On December 8, 2016, the court consolidated
Roofers' Pension Fund case and the Wilson case under the Roofers'
Pension Fund case number. In February 2017, the court selected the
lead plaintiffs for the consolidated case and the lead counsel to
the putative class. In March 2017, the court entered a scheduling
order.
On June 21, 2017, the court-appointed lead plaintiffs filed an
amended complaint that superseded the original complaints in the
Roofers' Pension Fund case and the Wilson case. The lead plaintiffs
seek to represent a class of shareholders for the period April 21,
2015 through May 3, 2017, and the amended complaint identifies
three subclasses - shareholders who purchased shares during the
period on the U.S. exchanges; shareholders who purchased shares
during the period on the Tel Aviv exchange; and shareholders who
owned shares on the final day of the Mylan tender offer November
13, 2015.
The amended complaint names as defendants the company and 11
current or former directors and officers of Perrigo (Mses. Judy
Brown, Laurie Brlas, Jacqualyn Fouse, Ellen Hoffing, and Messrs.
Joe Papa, Marc Coucke, Gary Cohen, Michael Jandernoa, Gerald
Kunkle, Herman Morris, and Donal O’Connor). The amended complaint
alleges violations of Securities Exchange Act sections 10(b) (and
Rule 10b‑5) and 14(e) against all defendants and 20(a) control
person liability against the 11 individuals.
In general, the allegations concern the actions taken by the
company and the former executives to defend against the unsolicited
takeover bid by Mylan in the period from April 21, 2015 through
November 13, 2015 and the allegedly inadequate disclosure
throughout the entire class period related to purported integration
problems related to the Omega acquisition, alleges incorrect
reporting of organic growth at the Company and at Omega, alleges
price fixing activities with respect to six generic prescription
pharmaceuticals, and alleges improper accounting for the Tysabri(R)
royalty stream. The amended complaint does not include an estimate
of damages.
During 2017, the defendants filed motions to dismiss, which the
plaintiffs opposed. On July 27, 2018, the court issued an opinion
and order granting the defendants' motions to dismiss in part and
denying the motions to dismiss in part.
The court dismissed without prejudice defendants Laurie Brlas,
Jacqualyn Fouse, Ellen Hoffing, Gary Cohen, Michael Jandernoa,
Gerald Kunkle, Herman Morris, Donal O'Connor, and Marc Coucke. The
court also dismissed without prejudice claims arising from the
Tysabri® accounting issue described above and claims alleging
incorrect disclosure of organic growth described above. The
defendants who were not dismissed are Perrigo Company plc, Joe
Papa, and Judy Brown. The claims (described above) that were not
dismissed relate to the integration issues regarding the Omega
acquisition and the alleged price fixing activities with respect to
six generic prescription pharmaceuticals.
The defendants who remain in the case (the Company, Mr. Papa, and
Ms. Brown) have filed answers denying liability, and the discovery
stage of litigation has begun.
Perrigo said, "We intend to defend the lawsuit vigorously."
Perrigo Company plc, a healthcare company, manufactures and
supplies over-the-counter (OTC) healthcare products, infant
formulas, branded OTC products, and generic pharmaceutical products
worldwide. The company operates through Consumer Healthcare
Americas, Consumer Healthcare International, and Prescription
Pharmaceuticals segments. Perrigo Company plc was founded in 1887
and is headquartered in Dublin, Ireland.
PERRIGO COMPANY: Still Defends Eltroxin-Related Suit
----------------------------------------------------
Perrigo Company plc said in its Form 10-Q Report filed with the
Securities and Exchange Commission on November 8, 2018, for the
quarterly period ended September 29, 2018, that Perrigo Israel
Agencies Ltd. continues to defend itself from a class action suit
related to Eltroxin, a prescription thyroid medication manufactured
by a third party and distributed in Israel.
During October and November 2011, nine applications to certify a
class action lawsuit were filed in various courts in Israel related
to Eltroxin, a prescription thyroid medication manufactured by a
third party and distributed in Israel by the company's subsidiary,
Perrigo Israel Agencies Ltd. The respondents included our
subsidiaries, Perrigo Israel Pharmaceuticals Ltd. and/or Perrigo
Israel Agencies Ltd., the manufacturers of the product, and various
healthcare providers who provide healthcare services as part of the
compulsory healthcare system in Israel.
One of the applications was dismissed and the remaining eight
applications were consolidated into one application. The
applications arose from the 2011 launch of a reformulated version
of Eltroxin in Israel. The consolidated application generally
alleges that the respondents (a) failed to timely inform patients,
pharmacists and physicians about the change in the formulation; and
(b) failed to inform physicians about the need to monitor patients
taking the new formulation in order to confirm patients were
receiving the appropriate dose of the drug.
As a result, claimants allege they incurred the following damages:
(a) purchases of product that otherwise would not have been made by
patients had they been aware of the reformulation; (b) adverse
events to some patients resulting from an imbalance of thyroid
functions that could have been avoided; and (c) harm resulting from
the patients' lack of informed consent prior to the use of the
reformulation.
Several hearings on whether or not to certify the consolidated
application took place in December 2013 and January 2014. On May
17, 2015, the District Court certified the motion against Perrigo
Israel Agencies Ltd. and dismissed it against the remaining
respondents, including Perrigo Israel Pharmaceuticals Ltd.
On June 16, 2015, the company submitted a motion for permission to
appeal the decision to certify to the Israeli Supreme Court
together with a motion to stay the proceedings of the class action
until the motion for permission to appeal is adjudicated. The
company has filed its statement of defense to the underlying
proceedings. The underlying proceedings have been stayed pending
the outcome of the mediation process and, if necessary, a decision
on the motion to appeal.
On November 14, 2017 the parties submitted the agreed settlement
agreement to the approval of the Supreme Court, which referred the
approval back to the District Court. During three hearings that
took place on November 29, 2017, December 13, 2017 and January 11,
2018 the District Court opined that it would approve the settlement
agreement subject to certain amendments to be proposed by the Court
(which would not impact the monetary settlement reached) and set a
hearing for January 30, 2018 to discuss and finalize the proposed
changes.
Meanwhile, the Court ordered the settlement to be (1) provided to
the Attorney General for review (standard procedure); and (2)
published in the written media (newspapers), to enable the class
members to submit any objections or "opt-out" to the proposed
settlement by February 15, 2018.
On February 21, 2018, the District Court held a hearing to, among
others, review objections received from class members who had
notified the District Court of their desire to opt out of the
settlement. In addition, a representative of the Israeli Attorney
General's office notified the District Court that, based upon their
preliminary examination of the settlement, they intend to object to
the settlement in its current form. The District Court recommended
that the parties continue to discuss and minimize objections to the
settlement and scheduled another hearing for May 13, 2018.
The District Court Justice was appointed as a Supreme Court Justice
and ordered to move the case to a different panel. In an effort to
reach a decision before the appointment, an additional hearing was
held on March 12, 2018 in which the court urged the parties to try
and exhaust their negotiations to the fullest and provide an update
by May 13, 2018. In addition, the Court ordered the Attorney
General to submit its opinion to the settlement agreement by May
30, 2018, which was extended until July 23, 2018.
On August 2, 2018 the Attorney General submitted its objection to
the settlement, noting, among other things, that it did not provide
compensation for harm to autonomy. On August 12, 2018 the company
submitted its response to the Attorney General's objection together
with an amended settlement which incorporated the court's comments.
Following the submission of the amended settlement agreement on
August 23, 2018, the District Court rendered a decision that it
will be willing to approve the amended settlement agreement
providing that a few additional amendments will be made. Both
Parties agreed to carry out the requested amendments. On September
13, 2018 the Attorney General filed a request to file a response to
the amended settlement agreement and asked for an extension to file
a response until November 11, 2018, which was granted by the
court.
Perrigo Company plc, a healthcare company, manufactures and
supplies over-the-counter (OTC) healthcare products, infant
formulas, branded OTC products, and generic pharmaceutical products
worldwide. The company operates through Consumer Healthcare
Americas, Consumer Healthcare International, and Prescription
Pharmaceuticals segments. Perrigo Company plc was founded in 1887
and is headquartered in Dublin, Ireland.
PERRIN PARIS: Figueroa Sues Leather Goods Manufacturer
------------------------------------------------------
A class action lawsuit has been filed against Perrin Paris, LLC.
The case is styled as Jose Figueroa on behalf of himself and all
others similarly situated, Plaintiff v. Perrin Paris, LLC,
Defendant, Case No. 1:18-cv-10838 (S.D. N.Y., Nov. 19, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Perrin Paris LLC manufactures and sells 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
PIAZZA & ASSOCIATES: Mary West Files ADA Class Action
-----------------------------------------------------
A class action lawsuit has been filed against Piazza & Associates,
Inc. The case is styled as Mary West on behalf of herself and all
others similarly situated, Plaintiff v. Piazza & Associates, Inc.,
Case No. 1:18-cv-10745 (S.D. N.Y., Nov. 16 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Piazza & Associates, Inc. is an affordable housing services firm,
dedicated to assisting low and moderate income households to find
an affordable home in New York.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Lee Litigation Group, PLLC
30 East 39th Street
2nd Floor
New York, NY 10016
Phone: (212) 465-1188
Fax: (212) 465-1181
Email: cklee@leelitigation.com
PORTFOLIO RECOVERY: Moreland Suit Alleges FDCPA Violation
---------------------------------------------------------
A class action lawsuit has been filed against Portfolio Recovery
Associates, LLC, et al. The case is styled as Nadia Moreland
individually and on behalf of all others similarly situated,
Plaintiff v. Portfolio Recovery Associates, LLC, John Does 1-25,
Defendants, Case No. 2:18-cv-04974-TJS (E.D. Penn., Nov. 16,
2018).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Portfolio Recovery Associates, LLC, also known as Anchor
Receivables Management, manages past-due accounts. It serves
customers through account representatives. The company was
incorporated in 1996 and is based in Norfolk, Virginia. Portfolio
Recovery Associates, LLC operates as a subsidiary of PRA Group,
Inc.[BN]
The Plaintiff is represented by:
Antranig Garibian, Esq.
GARIBIAN LAW OFFICES PC
1800 John F Kennedy, Blvd., Suite 300
Philadelphia, PA 19103
Phone:(215) 326-9179
Email: ag@garibianlaw.com
PREFERRED STAFFING: Class of Workers Certified in Sanford Suit
--------------------------------------------------------------
U.S. Magistrate Judge David E. Jones grants the Plaintiffs' Motion
for Conditional Certification filed in the lawsuit styled ALLEN
SANFORD, et al. v. PREFERRED STAFFING INC., et al., Case No.
2:17-cv-01071-DEJ (E.D. Wisc.).
Pursuant to the Fair Labor Standards Act, the Plaintiffs seek to be
representatives of a collection of current or past hourly employees
of Defendants Preferred Staffing and Staffwork, who performed work
at Defendant Kleen Test.
The Court also ordered that the Plaintiffs shall disseminate notice
in the form and content as agreed to by the parties and as resolved
by the Court.[CC]
PROGRESSIVE BUSINESS: Abante Rooter Sues Over TCPA Violation
------------------------------------------------------------
Abante Rooter and Plumbing, Inc. and Terry Fabricant, individually
and on behalf of all others similarly situated, Plaintiffs, v.
Progressive Business Funding, Inc., and Does 1 through 10,
inclusive, and each of them Defendants, Case No. 3:18-cv-06976
(N.D. Cal., November 16, 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 Plaintiffs on Plaintiffs' cellular telephones in
violation of the Telephone Consumer Protection Act.
The complaint says the Defendant used an "automatic telephone
dialing system" to place its calls to Plaintiff seeking to solicit
its services. Defendant did not possess Plaintiff's "prior express
consent" to receive calls using an automatic telephone dialing
system or an artificial or prerecorded voice on its cellular
telephones. Plaintiffs requested for Defendant to stop calling
Plaintiffs during one of the initial calls from Defendant, thus
revoking any prior express consent that had existed and terminating
any established business relationship that had existed but despite
this, the Defendant continued to call Plaintiffs in an attempt to
solicit its services and in violation of the National Do Not-Call
provisions of the TCPA, the complaint asserts.
Abante Rooter and Plumbing, Inc. is a corporation of the State of
California, whose principal place of business is in the county of
Alameda.
Terry Fabricant is a natural person residing in Los Angeles County,
California.
Progressive Business Funding, Inc. is a business lending loan
company.
Doe Defendants 1 through 10, inclusive, are currently unknown to
Plaintiff, who therefore sues such Defendants by fictitious
names.[BN]
The Plaintiffs are represented by:
Todd M. Friedman, Esq.
Meghan E. George, Esq.
Adrian R. Bacon, Esq.
Thomas 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
mgeorge@toddflaw.com
abacon@toddflaw.com
twheeler@toddflaw.com
PROVIDENT ATLANTIC: Honeywell Files ADA Suit in Fla.
----------------------------------------------------
A class action lawsuit has been filed against Providient Atlantic
Resorts, Inc. The case is styled as Cheri Honeywell individually
and on behalf of all others similarly situated, Plaintiff v.
Providient Atlantic Resorts, Inc. a Florida Corporation, Defendant,
Case No. 0:18-cv-62807-BB (S.D. Fla., Nov. 16, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Provident Hotels & Resorts manages hotels, resorts, and offers
Florida beachfront condos for sale.[BN]
The Plaintiff is represented by:
Jessica Lynn Kerr, Esq.
Jessica L.Kerr, P.A. dba The Advocacy Group
200 S.E. 6th Street, Suite 504
Fort Lauderdale, FL 33301
Phone: (954) 282-1858
Fax: (844) 786-3694
Email: service@advocacypa.com
PRUCO LIFE: Behfarin Moves to Certify Insureds Class & Sub-Class
----------------------------------------------------------------
The Plaintiff in the lawsuit titled RICHARD BEHFARIN, individually
and on behalf of a class of similarly situated individuals v. PRUCO
LIFE INSURANCE COMPANY, and DOES 1-10, inclusive, Case No.
2:17-cv-05290-MWF-FFM (C.D. Cal.), moves the Court for an order
granting certification of:
-- a National Class consisting of all persons who held
universal or variable universal Pruco Life Insurance
Company policies during the period July 18, 2013 to
present, whose policies lapsed, and who upon default or
lapse received notice that to cure or reinstate, they would
have to pay sums that exceeded three months of insurance
charges at then current rates; and
-- a California Sub-Class consisting of all persons who held
universal or variable universal Pruco Life Insurance
Company policies during the period July 18, 2013 to
present, whose policies lapsed, and who upon default or
lapse received notice that to cure or reinstate, they would
have to pay sums that exceeded three months of insurance
charges at then current rates.
Mr. Behfarin also asks the Court to appoint him as class
representative for each class certified, and to appoint Engstrom,
Lipscomb Lack and Robert Mobasseri, Esq., as class counsel for each
class certified.
The Court will commence a hearing on April 1, 2019, at 10:00 a.m.,
to consider the Motion.[CC]
The Plaintiff is represented by:
Walter J. Lack, Esq.
Steven C. Shuman, Esq.
ENGSTROM, LIPSCOMB & LACK
10100 Santa Monica Blvd., Suite 1200
Los Angeles, CA 90067-4113
Telephone: (310) 552-3800
Facsimile: (310) 552-9434
E-mail: wlack@elllaw.com
sshuman@elllaw.com
Defendant PRUCO LIFE INSURANCE COMPANY is represented by:
Steven H. Frankel, Esq.
Laura Leigh Geist, Esq.
Douglas A. Scullion, Esq.
DENTONS US LLP
1999 Harrison Street, Suite 1300
Oakland, CA 94612
Telephone: (415) 882-5000
Facsimile: (415) 882-0300
E-mail: steven.frankel@dentons.com
laura.geist@dentons.com
douglas.scullion@dentons.com
PURDUE PHARMA: Kenaitze Indian Tribe Files RICO Suit in Alaska
--------------------------------------------------------------
A class action lawsuit has been filed against Purdue Pharma L.P.,
et al. The case is styled as Kenaitze Indian Tribe, ASA'Carsarmiut
Tribe, Akiak Native Community, Native Village of Port Heiden,
Native Village of Afognak individually and on behalf of all those
similarly situated, Plaintiffs v. Purdue Pharma LP, Purdue Pharma
Inc., The Purdue Frederick Company Inc., Endo Health Solutions
Inc., Endo Pharmaceuticals Inc., Par Pharmaceutical, Inc., Par
Pharmaceutical Companies, Inc., Janssen Pharmaceuticals, Inc.,
Janssen Pharmaceutica, Inc., Noramco, Inc., Ortho-McNeil-Janssen
Pharmaceuticals, Inc., Johnson & Johnson, Teva Pharmaceutical
Industries Ltd, Teva Pharmaceuticals USA Inc., Cephalon Inc.,
Allergan PLC formerly known as: Actavis PLC, Allergan Finance LLC
formerly known as: Actavis, Inc. formerly known as: Watson
Pharmaceuticals, Inc., Watson Pharmaceuticals Inc., Actavis LLC,
Actavis Pharma, Inc. formerly known as: Watson Pharma, Inc., Insys
Therapeutic Inc., Mallinckrodt PLC, Mallinckrodt, LLC, Specgx LLC,
Cardinal Health Inc., McKesson Corporation, Health Mart Systems,
Inc., Amerisourcebergen Corporation, Walgreen Co., The Kroger Co.,
Albertsons Companies, Inc., Walmart Inc., CVS Pharmacy, Inc.,
Defendants, Case No. 3:18-cv-00273-HRH (D. Alaska, Nov. 16, 2018).
The Plaintiff filed the case under the Racketeer Influenced and
Corrupt Organizations Act.
Purdue Pharma L.P. is a privately held pharmaceutical company owned
principally by parties and descendants of Mortimer and Raymond
Sackler. The company's branches include Purdue Pharma Inc., The
Purdue Frederick Company, Purdue Pharmaceutical Products L.P., and
Purdue Products L.P.
The Frederick Purdue Company provides research, development,
production, marketing, sales, and licensing of prescription and
non-prescription medicines and healthcare products. The Company
offers specializes in pain medication research, as well as other
therapeutic areas, including sleep and gastrointestinal disorders.
The Frederick Purdue operates in the United States.
Insys Therapeutics, Inc., a specialty pharmaceutical company,
develops and commercializes supportive care products. The company
markets SUBSYS, a sublingual fentanyl spray for breakthrough cancer
pain in opioid-tolerant adult patients; and SYNDROS, an orally
administered liquid formulation of dronabinol for the treatment of
chemotherapy-induced nausea and vomiting, and anorexia associated
with weight loss in patients with AIDS.
Teva Pharmaceutical Industries Limited, a pharmaceutical company,
develops, manufactures, markets, and distributes generic medicines
and a portfolio of specialty medicines worldwide. It operates
through two segments, Generic Medicines and Specialty Medicines.
The Generic Medicines segment offers sterile products, hormones,
narcotics, high-potency drugs, and cytotoxic substances in various
dosage forms, including tablets, capsules, injectables, inhalants,
liquids, ointments, and creams. This segment also develops,
manufactures, and sells active pharmaceutical ingredients.
Teva Pharmaceuticals USA, Inc. manufactures and markets generic
drugs in the United States. It offers generic products for various
therapeutic options, such as cardiovascular, anti-infective,
central nervous system, anti-inflammatory, oncolytic,
anti-diabetic, analgesic, dermatologic, respiratory, and women's
health. The company offers its products in various dosage forms,
such as tablets, capsules, injectables, creams, ointments,
inhalants, solutions, and suspensions. It serves patients through
distributors. Teva Pharmaceuticals USA, Inc. was formerly known as
Lemmon Pharmacal Company and changed its name to Teva
Pharmaceuticals USA, Inc. in 1996.
Cephalon, Inc. engages in the discovery and development of
medicines for central nervous system disorders, pain, and cancer.
It offers NUVIGIL (armodafinil) tablets for improving wakefulness
in patients with excessive sleepiness associated with treated
obstructive sleep apnea and shift work disorder, also known as
shift work disorder and narcolepsy; TREANDA (bendamustine HCl) for
injection for the treatment of patients with chronic lymphocytic
leukemia; and AMRIX (Cyclobenzaprine Hydrochloride extended-release
capsules), which is indicated as an adjunct to rest and physical
therapy for relief of muscle spasm associated with acute and
painful musculoskeletal conditions.
Johnson & Johnson is an American multinational medical devices,
pharmaceutical and consumer packaged goods manufacturing company
founded in 1886. Its common stock is a component of the Dow Jones
Industrial Average and the company is listed among the Fortune
500.
Janssen Pharmaceuticals, Inc. manufactures and markets prescription
pharmaceutical products. It provides medicines for health concerns
in various therapeutic areas, including attention deficit
hyperactivity disorder, pain management, acid reflux and infectious
diseases, women's health, and mental health (bipolar I disorder and
schizophrenia); neurologics, including Alzheimer's disease,
epilepsy, and migraine prevention and treatment; and SYMTUZATM, a
darunavir-based single-tablet regimen for the treatment of human
immunodeficiency virus type 1 (HIV-1) in treatment-naïve and
certain virologically suppressed adults.
Endo Health Solutions Inc. provides specialty healthcare solutions
in the United States and internationally. The company's Endo
Pharmaceuticals segment offers branded prescription products,
including Lidoderm, Opana ER, Percocet, Voltaren Gel, Frova,
Supprelin LA, Vantas, Valstar, and Fortesta Gel for pain, urology,
endocrinology, and oncology. Its Qualitest segment provides
non-branded generic products in the pain management, urology,
central nervous system disorders, immunosuppression, oncology,
women's health, and hypertension markets.
Endo Pharmaceuticals Inc. engages in the research and development,
production, sale, and marketing of branded and generic
pharmaceutical products primarily in the United States. It offers
injections, sustained release capsules, gels, tablets, oral
suspensions, nasal sprays, extended-release tablets, capsules,
mucoadhesive for buccal administration, subcutaneous implants, and
sterile solutions for intravesical instillation; and clinical
research services.
Par Pharmaceutical Companies, Inc. develops, licenses,
manufactures, markets, and distributes generic drugs in the United
States. It operates through two segments, Par Pharmaceutical and
Par Specialty Pharmaceuticals. The Par Pharmaceutical segment
markets generic products under Par Pharmaceutical brand name and
sterile products under the Par Sterile brand.
Actavis Generics is a global pharmaceutical company focused on
developing, manufacturing and commercializing branded
pharmaceuticals, generic and over-the-counter medicines, and
biologic products. Actavis has a commercial presence across
approximately 100 countries.
Watson Laboratories, Inc. manufactures pharmaceutical drugs. The
company was incorporated in 1992 and is based in Corona,
California. Watson Laboratories, Inc. operates as a subsidiary of
ATeva Pharmaceutical Industries Limited.
McKesson Corporation provides pharmaceuticals and medical supplies
in the United States and internationally. It operates in three
segments: U.S. Pharmaceutical and Specialty Solutions, European
Pharmaceutical Solutions, and Medical-Surgical Solutions. The
company distributes branded, generic, specialty, biosimilar, and
over-the-counter pharmaceutical drugs, as well as other
healthcare-related products; and offers practice management,
technology, clinical support, and business solutions to
community-based oncology and other specialty practices.
Cardinal Health, Inc. operates as an integrated healthcare services
and products company in the United States and internationally. It
provides medical products and pharmaceuticals, and solutions that
enhance supply chain efficiency for hospitals, healthcare systems,
pharmacies, ambulatory surgery centers, clinical laboratories, and
physician offices.
Health Mart Systems, Inc. operates a network of community
pharmacies in the United States. It offers generics and
over-the-counter products; special care and services; and insurance
plans, such as Medicare Part D coverage. The companywas
incorporated in 1997 and is based in San Francisco, California.
AmerisourceBergen Drug Corporation distributes pharmaceuticals
products, equipment, and systems. The company provides global
product sourcing, generic purchasing programs, technology
solutions, pharmacy network and programs, and pharmaceutical
packaging solutions. The company serves healthcare providers,
independent retailers, and pharmacies. AmerisourceBergen Drug
Corporation was formerly known as AmeriSource Corporation and
changed its name to AmerisourceBergen Drug Corporation in January
1995.
Walgreen Company or simply Walgreens is an American company that
operates as the second-largest pharmacy store chain in the United
States behind CVS Health. It specializes in filling prescriptions,
health and wellness products, health information, and photo
services.
The Kroger Co., or simply Kroger, is an American retailing company
founded by Bernard Kroger in 1883 in Cincinnati, Ohio. It is the
United States's largest supermarket chain by revenue, the
second-largest general retailer and the seventeenth largest company
in the United States.
Albertsons Companies LLC is an American grocery company founded and
headquartered in Boise, Idaho. It is privately owned and operated
by investors, including Cerberus Capital Management.
Walmart Inc. is an American multinational retail corporation that
operates a chain of hypermarkets, discount department stores, and
grocery stores. Headquartered in Bentonville, Arkansas, the company
was founded by Sam Walton in 1962 and incorporated on October 31,
1969.
CVS Pharmacy is a subsidiary of the American retail and health care
company CVS Health, headquartered in Woonsocket, Rhode Island. It
was also known as, and originally named, the Consumer Value Store
and was founded in Lowell, Massachusetts, in 1963.[BN]
The Plaintiffs is represented by:
Lloyd B. Miller, Esq.
Sonosky, Chambers, Sachse, Miller & Munson, LLP (Anch)
900 West 5th Avenue, Suite 700
Anchorage, AK 99501
Phone: (907) 258-6377
Fax: (907) 272-8332
Email: lloyd@sonosky.net
RAYONIER ADVANCED: Bid to Dismiss Warren Employees' Suit Pending
----------------------------------------------------------------
Rayonier Advanced Materials Inc. said in its Form 10-Q Report filed
with the Securities and Exchange Commission on November 8, 2018,
for the quarterly period ended September 29, 2018, that the company
expects a ruling on its motion to dismiss the putative class action
suit initiated by the City of Warren General Employees' Retirement
System, in the first half of 2019.
On August 17, 2017, the City of Warren General Employees'
Retirement System filed a putative class action complaint against
the Company, Paul Boynton, and Frank Ruperto in the United States
District Court, Middle District of Tennessee, Nashville Division.
The plaintiffs allege the Company made false statements in filings
with the U.S. Securities and Exchange Commission ("SEC") and other
public statements related to certain litigation with Eastman
Chemical, a customer of the Company, and related disclosures in
connection with the condition of the Company's business, in third
quarter and fourth quarter 2015, in violation of Sections 10(b) and
20(a) of the Exchange Act, causing unspecified damages to
stockholders of the Company who purchased stock in the Company
between October 29, 2014 and August 19, 2015.
The applicable Eastman litigation was resolved via settlement in
2015. The Company was served with the complaint on August 28, 2017.
On November 13, 2017, the Court appointed the Michigan Carpenters'
Pension Fund and Local 295 IBT Employer Group Pension Trust Fund as
lead plaintiff, and a law firm to act as lead counsel.
On January 10, 2018, the Company and the individual defendants
filed a motion to dismiss the case for improper venue or, in the
alternative, asked the court to transfer it to the U. S. District
Court for the Middle District of Florida. Per the court scheduling
order, the lead plaintiff filed a consolidated amended complaint
(the "CAC") on January 12, 2018. The CAC added Benson Woo, former
CFO of the Company, as an additional defendant.
On June 15, 2018, the U.S. District Court for the Middle District
of Tennessee granted the Company's motion to transfer the case to
the Middle District of Florida, and on July 16, 2018 the Company
filed a motion to dismiss the case.
Rayonier Advanced said, "After all papers have been filed and a
hearing on the motion held in the U.S. District Court, we expect a
ruling on our motion in the first half of 2019. The Company
strongly disagrees with the allegations set forth in the complaint,
believes the lawsuit is without merit and will continue to
vigorously defend itself in this matter."
Rayonier Advanced Materials Inc. manufactures and sells cellulose
specialty products in the United States, China, Japan, Europe,
Latin America, other Asian countries, Canada, and internationally.
The company operates through High Purity Cellulose, Forest
Products, and Pulp & Paper segments. Rayonier Advanced Materials
Inc. is headquartered in Jacksonville, Florida.
RED ROBIN: Seeks Ninth Circuit Review of Ruling in Vigueras Suit
----------------------------------------------------------------
Defendant Red Robin International, Inc., filed an appeal from a
court ruling in the lawsuit titled Manuel Vigueras v. Red Robin
International, Inc., Case No. 8:17-cv-01422-JVS-DFM, in the U.S.
District Court for the Central District of California, Santa Ana.
The appellate case is captioned as Manuel Vigueras v. Red Robin
International, Inc., Case No. 18-80156, in the United States Court
of Appeals for the Ninth Circuit.
As reported in the Class Action Reporter on Nov. 6, 2018, the Hon.
James V. Selna entered an order on Oct. 23, 2018, granting
certification to Vigueras' proposed class and subclasses of:
Class:
"all persons who are employed or have been employed by
Defendant as non-exempt, hourly employees, however titled,
in Defendant's restaurants in the state of California from
July 14, 2013 to the present";
First Meal Period Subclass:
"all Class Members who worked more than 5 hours in a
workday, and were not provided with a lawful, timely
uninterrupted 30-minute meal period or compensation in lieu
thereof";
Second Meal Period Subclass:
"all Class Members who worked more than 10 hours in a
workday, and were not provided with a lawful, timely
uninterrupted 30-minute meal period or compensation in lieu
thereof."
Rest Period Subclass:
"all Class Members who worked more than 3-1/2 hours in a
workday and were not authorized or permitted to take one
net 10 minute rest period for every four hours worked or
major fraction thereof, or compensation in lieu thereof";
Indemnification Subclass:
"all Class Members who were not reimbursed for necessary
expenditures incurred to perform their job duties"; and
Unfair Business Practices Subclass:
"all Class Members who (1) were subject to unlawful,
illegal, unfair or deceptive business acts or practices by
Defendant and, (2) are entitled to restitution for unpaid
wages, unpaid meal or rest premiums or unreimbursed
expenses from Defendant based on conduct occurring at any
time from July 14, 2013 to the present."[BN]
Plaintiff-Respondent MANUEL VIGUERAS, on behalf of themselves
individually and all others similarly situated, is represented by:
James R. Hawkins, Esq.
Christina Lucio, Esq.
JAMES HAWKINS APLC
9880 Research Drive
Irvine, CA 92618
Telephone: (949) 387-7200
Facsimile: (949) 387-6676
E-mail: james@jameshawkinsaplc.com
christina@jameshawkinsaplc.com
Defendant-Petitioner RED ROBIN INTERNATIONAL, INC., a Nevada
corporation, DBA Red Robin Burger Spirts Emporiums, is represented
by:
Wendy McGuire Coats, Esq.
FISHER & PHILLIPS LLP
One Embarcadero Center
San Francisco, CA 94111
Telephone: (415) 490-9013
E-mail: wcoats@fisherphillips.com
- and -
Lonnie Domonic Giamela, Esq.
FISHER & PHILLIPS LLP
444 South Flower Street
Los Angeles, CA 90071
Telephone (213) 330-4500
E-mail: lgiamela@fisherphillips.com
SAGAMORE HOME: Koeberlein Seeks Minimum & Overtime Pay under FLSA
-----------------------------------------------------------------
Joseph Koeberlein, on behalf of himself and those similarly
situated, the Plaintiff, vs. SAGAMORE HOME MORTGAGE, LLC, DOUGLAS
DODSON, SCOTT COLE, SCOTT PEACHEE, and JOHN DOES 1-10, the
Defendants, Case No. 1:18-cv-03526-JRS-TAB (S.D. Ind., Nov. 13,
2018), asserts that Defendants failed to pay minimum and overtime
wages in violation of the Fair Labor Standards Act.
According to the complaint, the Plaintiff worked for 40 hours in a
workweek during the majority of workweeks. However, at no time
after July 2016 did Defendants pay Plaintiff any overtime
compensation for the hours he worked over 40 hors in a workweek,
the lawsuit says.[BN]
Attorneys for Plaintiffs:
Daniel Horowitz, Esq.
Joshua S. Boyette, Esq.
SWARTZ SWIDLER, LLC
1101 Kings Highway N, Ste. 402
Cherry Hill, NJ 08034
Telephone: (856) 685-7420
Facsimile: (856) 685-7417
E-mail: jswidler@swartz-legal.com
SELIP & STYLIANOU: Violates Fair Debt Collection Act, Says Galloway
-------------------------------------------------------------------
A class action lawsuit has been filed against Selip & Stylianou,
LLP. The case is styled as Orran M Galloway on behalf of himself
and all others similarly situated, Plaintiff v. Selip & Stylianou,
LLP., Defendant, Case No. 2:18-cv-06570 (E.D. N.Y., Nov. 18,
2018).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Selip & Stylianou, LLP operates as a law firm. The Firm provides
creditor's rights litigation and consulting services. Selip &
Stylianou serves clients in the United States.[BN]
The Plaintiff is represented by:
Mitchell L. Pashkin, Esq.
775 Park Avenue, Ste. 255
Huntington, NY 11743
Phone: (631) 335-1107
Email: mpash@verizon.net
STEVENS INSTITUTE: Camacho Files ADA Class Action in NY
-------------------------------------------------------
A class action lawsuit has been filed against Stevens Institute of
Technology. The case is styled as Jason Camacho and on behalf of
all other persons similarly situated, Plaintiff v. Stevens
Institute of Technology, Defendant, Case No. 1:18-cv-10765 (S.D.
N.Y., Nov. 17, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Stevens Institute of Technology is a private, coeducational
research university in Hoboken, New Jersey. The university also has
a satellite location in Washington, D.C.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
STEVENSON UNIVERSITY: Faces Camacho ADA Class Action in New York
----------------------------------------------------------------
A class action lawsuit has been filed against Stevenson University
Inc. The case is styled as Jason Camacho and on behalf of all other
persons similarly situated, Plaintiff v. Stevenson University Inc.,
Defendant, Case No. 1:18-cv-10825 (S.D. N.Y., Nov. 19, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Stevenson University is a private, independent, coeducational
university that is located in the Greenspring Valley area of
Baltimore County, Maryland, United States. The University has three
campuses, one in Stevenson and two in Owings Mills, with
approximately 4,200 undergraduate and graduate students.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
SUCCESS PARTNERS: Violates Disabilities Act, Sullivan Suit Says
---------------------------------------------------------------
A class action lawsuit has been filed against SUCCESS Partners
Holding Co. The case is styled as Phillip Sullivan, Jr. on behalf
of himself and all others similarly situated, Plaintiff v. SUCCESS
Partners Holding Co., Defendant, Case No. 1:18-cv-10747 (S.D. N.Y.,
Nov. 16, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
SUCCESS Partners is a media, publications and communications
company.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Lee Litigation Group, PLLC
30 East 39th Street
2nd Floor
New York, NY 10016
Phone: (212) 465-1188
Fax: (212) 465-1181
Email: cklee@leelitigation.com
TREVOR MOSS: Araya Files Bid for Subpoena
-----------------------------------------
Gize Yebeyo Araya, Kesete Tekle Fshazion and Mihretab Yemane Tekle
have filed a motion for a Subpoena for Use in a Foreign Proceeding
Pursuant to 28 U.S.C. Sec. 1782 in the case captioned Gize Yebeyo
Araya, Kesete Tekle Fshazion, Mihretab Yemane Tekle on behalf of
themselves and all persons similarly situated, Movant v. Trevor
Moss, Respondent, Case No. 4:18-mc-80200-KAW (N.D. Cal., Nov. 19,
2018).[BN]
The Movant is represented by:
Douglas R. Young, Esq.
Farella Braun & Martel LLP
235 Montgomery Street
17th Floor
San Francisco, CA 94104
Phone: (415) 954-4410
Fax: (415) 954-4480
Email: dyoung@fbm.com
- and -
Aviva Judith Gilbert, Esq.
Farella Braun and Martel
235 Montgomery Street
San Francisco, CA 94104
Phone: (415) 954-4478
Email: agilbert@fbm.com
TRUE EARTH HEALTH: Conner Files ADA Class Action in S.D.N.Y.
------------------------------------------------------------
A class action lawsuit has been filed against True Earth Health
Products LLC. The case is styled as Mary Conner individually and as
the representative of a class of similarly situated persons,
Plaintiff v. True Earth Health Products LLC doing business as:
Plexaderm Skincare, Defendant, Case No. 1:18-cv-10789 (S.D. N.Y.,
Nov. 19, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Plexaderm Skincare, a new product line from True Earth Health
Products, promises to use silicates and hyaluronic acid to lift
wrinkles, tighten bags, and create a smoother, healthier, more
youthful looking complexion without prescriptions, expensive
injections, or painful surgery.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
Shaked Law Group P.C.
44 Court Street, Suite 1217
Brooklyn, NY 11201
Phone: (917) 373-9128
Fax: (718) 504-7555
Email: shakedlawgroup@gmail.com
UNITED HEALTHCARE: Smith Sues Over Reduced Healthcare Claims
------------------------------------------------------------
Jane Smith, on her own behalf and on behalf of all others similarly
situated, Plaintiff, v. United Healthcare Insurance Co. and United
Behavioral Health, Defendants, Case No. 18-cv-06336, (N.D. Cal.,
October 16, 2018) seeks to recover wrongfully denied claims with
interest, appropriate equitable relief, monetary award based on
disgorgement, restitution, surcharge or other basis, disbursements
and expenses of this action, including reasonable attorneys' fees
and such other and further relief.
Plaintiff was insured by a health insurance plan issued by United
Healthcare. Smith suffers from post-traumatic stress disorder, for
which she receives outpatient psychotherapy from a licensed
clinical social worker. However, United applied a discriminatory
reimbursement penalty to her claims and reduced the allowed amount
on her claims by 35%, violating the Parity Act and Section 2706 of
the Affordable Care Act, says the complaint. [BN]
Plaintiff is represented by:
Meiram Bendat, Esq.
PSYCH-APPEAL, INC.
8560 West Sunset Boulevard, Suite 500
West Hollywood, CA 90069
Tel: (310) 598-3690 ext. 101
Fax: (310) 564-0040
Email: mbendat@psych-appeal.com
- and -
D. Brian Hufford, Esq.
Jason S. Cowart, Esq.
Shawn P. Naunton, Esq.
Anant Kumar, Esq.
Nell Z. Peyser, Esq.
ZUCKERMAN SPAEDER LLP
485 Madison Avenue, 10th Floor
New York, NY 10022
Tel: (212) 704-9600
Fax: (212) 704-4256
Email: dbhufford@zuckerman.com
jcowart@zuckerman.com
snaunton@zuckerman.com
akumar@zuckerman.com
npeyser@zuckerman.com
- and -
John W. Leardi, Esq.
Vincent N. Buttaci, Esq.
Paul D. Werner, Esq.
BUTTACI LEARDI & WERNER LLC
103 Carnegie Center, Suite 323
Princeton, NJ 08540
Tel: (609) 799-5150
Fax: (609) 799-5180
Email: jwleardi@buttacilaw.com
vnbuttaci@buttacilaw.com
pdwerner@buttacilaw.com
UNITED STATES: Five Classes of Refugees Certified in Lucas R Suit
-----------------------------------------------------------------
The Hon. Dolly M. Gee grants in part and denies in part the
Defendants' Motion to Dismiss or Transfer, and grants the
Plaintiffs' Motion for Class Certification in the lawsuit entitled
Lucas R., et al. v. Alex Azar, et al., Case No.
2:18-cv-05741-DMG-PLA (C.D. Cal.).
On September 7, 2018, Plaintiffs Lucas R., Daniela Marisol T.,
Miguel Angel S., Gabriela N., Jaime D., Sirena P., Benjamin F., San
Fernando Valley Refugee Children Center, Inc., and Unaccompanied
Central American Refugee Empowerment filed a First Amended Class
Action Complaint for Declaratory, Injunctive, and Nominal Monetary
Relief ("FAC") against Alex Azar, the Secretary of the U.S.
Department of Health and Human Services ("HHS"), and E. Scott
Lloyd, the Director of the Office of Refugee Resettlement ("ORR").
The FAC alleges that ORR pursues certain policies and/or practices
relating to the detention of undocumented immigrant or refugee
minors that purportedly violate: the consent decree entered in
Flores v. Sessions, No. 85-4544-DMG (AGRx) (C.D. Cal.) ("Flores
Agreement"), the William Wilberforce Trafficking Victims Protection
Reauthorization Act ("TVPRA"), the Due Process Clause of the Fifth
Amendment, and the Freedom of Association Clause of the First
Amendment. The FAC further claims that ORR pursues certain
policies and/or practices that discriminate against undocumented
minors on the basis of their actual or perceived disabilities,
which allegedly violate Section 504 of the Rehabilitation Act.
According to the Court's Civil Minutes, the Defendants' Motion to
Dismiss is granted only insofar as it seeks the dismissal without
prejudice of the Plaintiffs' claims to enforce the Flores
Agreement, but not insofar as it requests the dismissal of the
Plaintiffs' claims that ORR failed to provide sufficient procedural
safeguards for alien minors to exercise their Flores rights. The
remainder of Defendants' Motion to Dismiss is denied. The
Defendants shall file an Answer to the FAC within 60 days of the
date of this Order.
The Plaintiffs' Motion for Class Certification is granted. The
Court certifies five classes that are comprised of all minors in
ORR custody pursuant to 6 U.S.C. Section 279 and/or 8 U.S.C.
Section 1232:
a. who are or will be placed in a secure facility,
medium-secure facility, or RTC, or whom ORR has continued
to detain in any such facility for more than 30 days,
without being afforded notice and an opportunity to be
heard before a neutral and detached decisionmaker regarding
the grounds for such placement (i.e., the "step-up class");
b. whom ORR is refusing or will refuse to release to parents
or other available custodians within 30 days of the
proposed custodian's submission of a complete family
reunification packet on the ground that the proposed
custodian is or may be unfit (i.e., the "unfit custodian
class");
c. who are or will be prescribed or administered one or more
psychotropic medications without procedural safeguards;
d. who are natives of non-contiguous countries and to whom ORR
is impeding or will impede legal assistance in legal
matters or proceedings involving their custody, placement,
release, and/or administration of psychotropic drugs (i.e.,
the "legal representation class"); and
e. who have or will have a behavioral, mental health,
intellectual, and/or developmental disability as defined in
29 U.S.C. [section] 705, and who are or will be placed in a
secure facility, medium-secure facility, or [RTC] because
of such disabilities (i.e., the "disability class").
The Court appoints these class representatives:
a. Lucas R., Miguel Angel S., Gabriela N., Jaime D., and
Sirena P. shall serve as representatives of the step-up
class;
b. Lucas R. and Gabriela N. shall serve as representatives of
the unfit custodian class;
c. Lucas R., Daniela Marisol T., Gabriela N., Miguel Angel S.,
Sirena P., and Benjamin F. shall serve as representatives
of the drug administration class;
d. Lucas R., Gabriela N., Daniela Marisol T., and Jaime D.
shall serve as representatives of the legal representation
class; and
e. Lucas R., Miguel Angel S., Gabriela N., Sirena P., and
Benjamin F. shall serve as representatives of the
disability class.
The Court appoints Carlos R. Holguin, Esq., of the Center for Human
Rights & Constitutional Law; Leecia Welch, Esq., Neha Desai, Esq.,
and Poonam Juneja, Esq., of the National Center for Youth Law;
Holly S. Cooper, Esq., and Carter C. White, Esq., of the University
of California Davis School of Law; and Summer Wynn, Esq., Mary
Kathryn Kelley, Esq., Jon Cieslak, Esq., and Megan Donohue, Esq.,
of Cooley LLP as class counsel.[CC]
UNITEDHEALTH GROUP: Trujillo's Renewed Class Cert. Bid Denied
-------------------------------------------------------------
The Honorable John F. Walter denied without prejudice the
Plaintiffs' renewed motion for class certification in the lawsuit
titled David Trujillo, etc., et al. v. UnitedHealth Group, Inc., et
al., Case No. 5:17-cv-02547-JFW-KK (C.D. Cal.).
According to the Court's civil minutes, on October 15, 2018,
Plaintiffs David Trujillo and Deanna Harden filed the Renewed
Motion. However, the Plaintiffs failed to file, with the notice of
motion, all of the evidence upon which they rely in support of the
Renewed Motion in violation of Local Rule 7-5.
As Plaintiffs state in their Renewed Motion, "Plaintiffs do not
re-submit the same evidence, but cite to the previously submitted
evidence by the Court Docket numbers. To the extent the Plaintiffs
rely on any supplemental evidence, it is submitted with the Renewed
Motion . . . ."
Because the Plaintiffs failed to file all of the evidence upon
which they rely in support of the Renewed Motion, the Plaintiffs
also failed to provide the Court with courtesy copies of all the
evidence upon which they rely in violation of the Court's Standing
Order, the Civil Minutes states. The Plaintiffs' failure to comply
with the Local Rules and the Court's Standing Order has made it
unnecessarily burdensome for the Court to consider and review
Plaintiffs' Renewed Motion.
As a result of the Plaintiffs' violations of the Local Rules and
the Court's Standing Order, their Renewed Motion is denied without
prejudice. In addition, lead counsel for the Plaintiffs is ordered
to show cause, in writing why the Court should not impose sanctions
against him in the amount of $2,500 or why the class allegations
should not be stricken from the First Amended Complaint for his
violations of the Local Rules and the Court's Standing Order. No
oral argument on this matter will be heard unless otherwise ordered
by the Court.
The Order to Show Cause will stand submitted upon the filing of the
response to the Order to Show Cause. Failure to respond to the
Order to Show Cause will result in the imposition of sanctions
and/or the striking of the class allegations from the First Amended
Complaint, the Court opines.[CC]
UNITEDHEALTHCARE: Amy G Moves for Class Certification Under ERISA
-----------------------------------------------------------------
The Plaintiffs in the lawsuit entitled AMY G. and GARY G.,
individually and as representatives of the class of similarly
situated individuals v. UNITEDHEALTHCARE and UNITED BEHAVIORAL
HEALTH, Case No. 2:17-cv-00413-DN-EJF (D. Utah), seek certification
of a class of beneficiaries, who received wilderness treatment or
treatment in a wilderness setting for mental health and behavior
disorders, whose claims were denied by Defendants United Healthcare
Services, Inc. and United Behavioral Health (collectively, "UBH").
The proposed class is defined as:
Any member of a health benefit plan governed by the Employee
Retirement Income Security Act of 1974 ("ERISA") in the time
frame from May 17, 2013, to the present whose health benefit
plan was administered by UBH, who paid for a wilderness
therapy program, and for whom UBH refused to authorize or
pay the wilderness therapy program claim based on its
exclusion that wilderness therapy was experimental,
investigational, or unproven.[CC]
The Plaintiffs are represented by:
Brian S. King, Esq.
BRIAN S. KING, PC
336 South 300 East, # 200
Salt Lake City, UT 84111
Telephone: (801) 532-1739
E-mail: brian@briansking.com
- and -
Brent D. Wride, Esq.
RAY QUINNEY & NEBEKER P.C.
36 South State Street #1400
Salt Lake City, UT 84111
Telephone: (801) 532-1500
E-mail: bwride@rqn.oom
The Defendants are represented by:
Chris Martinez, Esq.
DORSEY & WHITNEY LLP
111 S. Main, Suite 2100
Salt Lake City, UT 84111-2891
Telephone: (801) 933-8940
E-mail: martinez.chris@dorsey.com
- and -
April N. Ross, Esq.
Jennifer Romano, Esq.
Andrew Holmer, Esq.
CROWELL & MORING LLP
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595
Telephone: (202) 624-2687
E-mail: aross@crowell.com
jromano@crowell.com
aholmer@crowell.com
UNIVERSITY OF HARTFORD: Faces Camacho ADA Class Action in NY
------------------------------------------------------------
A class action lawsuit has been filed against University of
Hartford. The case is styled as Jason Camacho and on behalf of all
other persons similarly situated, Plaintiff v. University of
Hartford, Defendant, Case No. 1:18-cv-10763 (S.D. N.Y., Nov. 17,
2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
The University of Hartford is a private, independent, nonsectarian,
coeducational university located in West Hartford, Connecticut. Its
350-acre main campus extends into neighboring Hartford and
Bloomfield. The university attracts students from 48 states and 43
countries.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
UNIVERSITY OF NEW HAVEN: Camacho Suit Asserts ADA Breach
--------------------------------------------------------
A class action lawsuit has been filed against University of New
Haven. The case is styled as Jason Camacho and on behalf of all
other persons similarly situated, Plaintiff v. University of New
Haven, Defendant, Case No. 1:18-cv-10760 (S.D. N.Y., Nov. 17,
2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
The University of New Haven is a private, nonsectarian,
coeducational university located in West Haven, Connecticut, which
borders the larger city of New Haven and Long Island Sound.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
UNO EXPRESS: Anselmo Sues Over Unpaid Minimum, Overtime Wages
-------------------------------------------------------------
Leticia Anselmo Lopez, individually and on behalf of others
similarly situated, Plaintiff, v. Uno Express Cleaners Inc. (d/b/a
Express Dry Cleaners), Uptown Express Cleaners, Corp. (d/b/a
Express Dry Cleaners), Uptown Cleaners Group Corp. (d/b/a Express
Dry Cleaners), PCA Blue Incorporated (f/d/b/a I Am No Slob a.k.a.
Patrolman Uniform Srvc), Younghwa Lee (a.k.a. Yonghwa Kim), Danny
W. Kim, Defendants, Case No. 1:18-cv-10737 (S.D. N.Y., November 16,
2018) seeks unpaid minimum and overtime wages pursuant to the Fair
Labor Standards Act and for violations of the N.Y. Labor Law, plus
applicable liquidated damages, interest, attorneys' fees and
costs.
Plaintiff Anselmo worked for Defendants in excess of 40 hours per
week, without appropriate minimum wage and overtime compensation
for the hours that she worked, the complaint relates.
The Defendants failed to maintain accurate recordkeeping of the
hours worked, failed to pay Plaintiff Anselmo appropriately for any
hours worked, either at the straight rate of pay or for any
additional overtime premium, says the complaint.
Plaintiff Leticia Anselmo Lopez is an adult individual residing in
Bronx County, New York. Plaintiff was employed by Defendants at
"Express Dry Cleaners" from approximately March 2009 until on or
about January 2018 and then during the month of March 2018.
Uno Express Cleaners Inc. (d/b/a Express Dry Cleaners) is a
domestic corporation organized and existing under the laws of the
State of New York. It maintains its principal place of business at
458 Lenox Avenue (a.k.a. 458 Malcolm X Blvd), New York, New York
10037.
Uptown Express Cleaners, Corp. (d/b/a Express Dry Cleaners) is a
domestic corporation organized and existing under the laws of the
State of New York. It maintains its principal place of business at
458 Lenox Avenue (a.k.a. 458 Malcolm X Blvd), New York, New York
10037.
Uptown Cleaners Group Corp. (d/b/a Express Dry Cleaners) is a
domestic corporation organized and existing under the laws of the
State of New York. It maintains its principal place of business at
458 Lenox Avenue (a.k.a. 458 Malcolm X Blvd), New York, New York
10037.
PCA Blue Incorporated (f/d/b/a I Am No Slob a.k.a. Patrolman
Uniform Srvc) is a domestic corporation organized and existing
under the laws of the State of New York. It formerly maintained its
principal place of business at 347 E 138th street, Bronx, NY
10454.
Younghwa Lee (a.k.a. Yonghwa Kim) is an individual engaging (or who
was engaged) in business in this judicial district during the
relevant time period.
Danny W. Kim is an individual engaging (or who was engaged) in
business in this judicial district during the relevant time
period.[BN]
The Plaintiff is represented by:
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Phone: (212) 317-1200
Facsimile: (212) 317-1620
VARIDESK: Sullivan Sues Office Furniture Maker Under ADA
--------------------------------------------------------
A class action lawsuit has been filed against Varidesk, LLC. The
case is styled as Phillip Sullivan, Jr. on behalf of himself and
all others similarly situated, Plaintiff v. Varidesk, LLC,
Defendant, Case No. 1:18-cv-10746 (S.D. N.Y., Nov. 16, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Varidesk, LLC. is an American manufacturer of office furniture and
equipment based in Coppell, Texas. It is notable for producing
height-adjustable standing desks and related accessories.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Lee Litigation Group, PLLC
30 East 39th Street
2nd Floor
New York, NY 10016
Phone: (212) 465-1188
Fax: (212) 465-1181
Email: cklee@leelitigation.com
VINEGAR HILL: Cardoza Sues Over Unpaid Minimum Wages
----------------------------------------------------
Ramon Danery Cardoza and Maria de Lourdes Canuto Briones,
individually and on behalf of others similarly situated,
Plaintiffs, v. Vinegar Hill Asset LLC (d/b/a EPP Management),
Eastern Parkway Portfolio LLC (d/b/a EPP Management), Chesky Engel
(a.k.a. Michael), and Yehudis Gross, Defendants, Case No.
1:18-cv-06582 (E.D. N.Y., November 19, 2018) seeks unpaid minimum
wages pursuant to the Fair Labor Standards Act of 1938 and for
violations of the N.Y. Labor Law including applicable liquidated
damages, interest, attorneys' fees and costs.
According to the complaint, Plaintiffs worked for Defendants
without appropriate minimum wage compensation for the hours that
they worked. The Defendants failed to maintain accurate
recordkeeping of the hours worked and failed to pay Plaintiffs
appropriately for any hours worked at the straight rate of pay. The
Defendants repeatedly failed to pay Plaintiffs wages on a timely
basis, adds the complaint.
Plaintiff Ramon Danery Cardoza is an adult individual residing in
Kings County, New York. Plaintiff Danery was employed by Defendants
at EPP Management from approximately July 2016 until on or about
November 16, 2018.
Plaintiff Maria de Lourdes Canuto Briones is an adult individual
residing in Kings County, New York. Plaintiff Canuto was employed
by Defendants at EPP Management from approximately October 2016
until on or about November 16, 2018.
Vinegar Hill Asset LLC (d/b/a EPP Management) is a domestic
corporation organized and existing under the laws of the State of
New York. It maintains its principal place of business at 5412 16th
Ave., Brooklyn, NY 11204.
Eastern Parkway Portfolio LLC (d/b/a EPP Management) is a domestic
corporation organized and existing under the laws of the State of
New York. It maintains its principal place of business at 5412 16th
Ave., Brooklyn, NY 11204.
Chesky Engel (a.k.a. Michael) is an individual engaging (or who was
engaged) in business in this judicial district during the relevant
time period.
Yehudis Gross is an individual engaging (or who was engaged) in
business in this judicial district during the relevant time
period.[BN]
The Plaintiffs are represented by:
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Phone: (212) 317-1200
Facsimile: (212) 317-1620
VIRTU FINANCIAL: Still Defends Chester Employees' Retirement Suit
-----------------------------------------------------------------
Virtu Financial, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on November 8, 2018, for the
quarterly period ended September 30, 2018, that the company
continues to defend itself from a class action suit entitled,
Chester County Employees' Retirement Fund v. KCG Holdings, Inc., et
al.
In connection with the acquisition of KCG Holdings, a previously
filed complaint, which was initially captioned Greenway v. KCG
Holdings, Inc., et al., Case No. 2017-421-JTL and filed on behalf
of a putative class in Delaware Chancery Court, was recaptioned
Chester County Employees' Retirement Fund v. KCG Holdings, Inc., et
al., amended and refiled on February 14, 2018 to include claims for
the alleged breach of fiduciary duties against former KCG board
members, claims against each of Virtu and Jefferies Finance LLC for
allegedly aiding and abetting the KCG board members' alleged
breaches of fiduciary duty and a claim against Virtu and Jefferies
for alleged civil conspiracy.
The amended complaint was again amended on July 16, 2018 with the
filing of the Verified Second Amended Class Action Complaint (the
"Second Amended Complaint") to include additional factual
allegations. No amount of damages is stated in the Second Amended
Complaint, against which Virtu intends to defend vigorously.
No further updates were provided in the Company's SEC report.
Virtu Financial, Inc., together with its subsidiaries, provides
market making and liquidity services through its proprietary,
multi-asset, and multi-currency technology platform to the
financial markets worldwide. Virtu Financial, Inc. was founded in
2008 and is headquartered in New York, New York. Virtu Financial,
Inc. was formerly a subsidiary of TJMT Holdings LLC.
WELLS FARGO: Settles RMBS Trustee Litigation for $43MM
------------------------------------------------------
Wells Fargo Bank, N.A., and a group of institutional investors,
including funds affiliated with BlackRock, Inc. and PIMCO,
announced that they have reached a settlement that resolves two
class action lawsuits in federal and state court related to Wells
Fargo's role as trustee for certain residential mortgage-backed
securities (RMBS) trusts created more than a decade ago. Under
terms of the agreement, Wells Fargo will pay $43 million and Wells
Fargo denies the claims in the litigation. Separate from the
settlement amount the company is paying, up to $70 million from
certain trust reserve accounts established in connection with the
litigation will be released. The settlement also resolves a related
action seeking declaratory relief against Wells Fargo, as well as
claims by Wells Fargo against certain investment advisors. Federal
and state cases alleging similar claims filed by certain other
institutional investors are not part of the settlement.
"Consistent with our sound business practices, we believe that we
appropriately fulfilled our duties as trustee by performing the
responsibilities prescribed in the relevant contracts for these
decade-old trusts," said Troy Kilpatrick, head of Wells Fargo
Corporate Trust Services. "While we disagree with the allegations,
it is in the best interest of all parties to put this protracted
litigation behind us and we are satisfied with this settlement."
The agreement, which is subject to approval by the court, resolves
claims regarding the fulfillment of Wells Fargo's duties as trustee
-- including providing certain notifications to certificateholders
-- for 271 RMBS trusts created between 2004 and 2008. Wells Fargo's
duties were limited to administering the trusts, and it had no role
in the origination or servicing of the mortgages at issue. The
agreement resolves a significant portion of the claims asserted
against the company in connection with its role as trustee for RMBS
trusts. Separate lawsuits filed by certain other institutional
investors concerning 58 trusts are not covered by the agreement.
"Following more than four years of litigation, including fact and
expert discovery, we concluded that this agreement provides a fair
and reasonable resolution of the claims," said PIMCO, BlackRock and
the other institutional investor plaintiffs through their counsel,
Timothy A. DeLange of Bernstein Litowitz Berger & Grossmann LLP.
"We appreciate Wells Fargo's professionalism in reaching this
agreement and commend their efforts to work with certificateholders
to resolve the litigation. While we believe the claims are
meritorious, the settlement provides an immediate and concrete
benefit for class members, while bringing the litigation to a
close."
Wells Fargo has previously disclosed the RMBS Trustee litigation in
its public filings, including in its most recent Quarterly Report
on Form 10-Q. The settlement amount was fully accrued as of June
30, 2018.
About Wells Fargo
Wells Fargo & Company (NYSE: WFC) is a diversified, community-based
financial services company with $1.9 trillion in assets. Wells
Fargo's vision is to satisfy our customers' financial needs and
help them succeed financially. Founded in 1852 and headquartered in
San Francisco, Wells Fargo provides banking, investment and
mortgage products and services, as well as consumer and commercial
finance, through 7,950 locations, 13,000 ATMs, the internet
(wellsfargo.com) and mobile banking, and has offices in 37
countries and territories to support customers who conduct business
in the global economy. With approximately 262,000 team members,
Wells Fargo serves one in three households in the United States.
Wells Fargo & Company was ranked No. 26 on Fortune's 2018 rankings
of America's largest corporations. News, insights and perspectives
from Wells Fargo are also available at Wells Fargo Stories.
About PIMCO
PIMCO is one of the world's premier fixed income investment
managers. With its launch in 1971 in Newport Beach, California,
PIMCO introduced investors to a total return approach to fixed
income investing. In the 45+ years since, PIMCO has continued to
bring innovation and expertise to its partnership with clients
seeking the best investment solutions. Today PIMCO has offices
across the globe and 2,150+ professionals united by a single
purpose: creating opportunities for investors in every environment.
PIMCO is owned by Allianz S.E., a leading global diversified
financial services provider.
Wells Fargo
Media
Beth Richek
Telephone: 704-374-2545
Email: Beth.Richek@wellsfargo.com
Twitter: @BethRichekWF
or
Investor Relations
John Campbell
Telephone: 415-396-0523
Email: john.m.campbell@wellsfargo.com
or
PIMCO
Media
Michael Reid
Global Head of Corporate Communications
Telephone: 212-597-1301
Email: michael.reid@pimco.com [GN]
WORTH COLLECTION: Garey Brings ADA Class Action in S.D.N.Y.
-----------------------------------------------------------
A class action lawsuit has been filed against The Worth Collection,
Ltd. The case is styled as Kevin Garey on behalf of himself and all
others similarly situated, Plaintiff v. The Worth Collection, Ltd.,
Defendant, Case No. 1:18-cv-10782 (S.D. N.Y., Nov. 19, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
The Worth Collection, LTD. provides direct sales and marketing
services for custom-designed and ready-to-wear clothing. It offers
women's luxury and sportswear apparel. The company offers its
products through a network of sales associates.[BN]
The Plaintiff is represented by:
Jonathan Shalom, Esq.
The Law Offices of Jonathan Shalom
124-04 Metropolitan Avenue
Kew Gardens, NY 11374
Phone: (516) 807-1748
Email: jshalom@jonathanshalomlaw.com
ZALE DELAWARE: Lovette Sues over Jewelry Repair Service
-------------------------------------------------------
GORDON HENRY LOVETTE, individually and on behalf of all others
similarly situated, Plaintiff v. ZALE DELAWARE, INC.; and DOES
1-10, Defendants, Case No. 37-2018-00055549-CU-NP-CTL (Cal. Super.,
San Diego Cty., Oct. 31, 2018) seeks to stop the Defendant's
practice of falsely advertising its jewelry repair service.
According to the complaint, the Defendant misrepresented when it
promises to repair or replace the diamond ring purchased by the
Plaintiff if it becomes damaged so long as Plaintiff brought the
diamond ring to the Defendants for semi-annual inspections. When
the Plaintiff requested for the repair, the Defendant refused to
repair since the jewelry repair does not include repairs for
stabilizing loose diamonds. The Defendants will only repair the
diamond ring if the diamond fell off the band.
Zale Delaware, Inc., doing business as Piercing Pagoda, operates a
network of jewelry retail kiosks in various shopping malls in the
United States and Puerto Rico. It offers gold, silver, diamond, and
gemstone jewelry that include earrings, necklaces, bracelets,
rings, and body jewelry. The company also provides gift services,
eGift cards, and gift cards. It offers jewelry for men, women, and
children. In addition, it serves customers online. The company was
founded in 1969 and is based in Irving, Texas. Zale Delaware, Inc.
operates as a subsidiary of Zale Corporation. [BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
Meghan E. George, Esq.
Thomas E. Wheeler, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
E-mail: tfriedmand@toddflaw.com
abacon@toddflaw.com
mgeorge@toddflaw.com
twheeler@toddflaw.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. 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 ***