/raid1/www/Hosts/bankrupt/CAR_Public/190729.mbx
C L A S S A C T I O N R E P O R T E R
Monday, July 29, 2019, Vol. 21, No. 150
Headlines
880 DRY CLEANERS: Fails to Pay OT Under FLSA, NYLL, Rodriguez Says
ABM INDUSTRY: Thompson Seeks to Recover Overtime Pay Under FLSA
ACTION IRRIGATION: Fails to Pay Proper Overtime, DeGuzman Says
AEROHIVE NETWORKS: Plumley Files Securities Class Action
AI BO FINE: Picon Files Class Suit in New York under ADA
AIR METHODS: Faces Dequasie, et al. Suit in District of Colorado
AM & GH LLC: Meadows Seeks Damages Over Unpaid Minimum Wages
AMERICAN HONDA: Acura Owners Sue Over Defective Infotainment System
AMERICAN SALES: Santana Seeks to Certify Class of Security Guards
AMPLIFY ENERGY: Flaherty Sues Over Midstates Merger Deal
ATLANTIC DEVELOPMENT: Underpays Construction Workers, Suit Says
BMW: Casey Sues over Defective Motorcycle Gear Indicator
BOEING COMPANY: Pilot B Brings Suit for Emotional, Mental Distress
BREVARD EXTRADITIONS: Langellier Sues Over Unpaid Overtime Wages
CANNTRUST HOLDINGS: Alvarado Hits Share Price Drop
CASA SYSTEMS: Baig Sues over Misleading IPO Docs, Stock Price Drop
CHESAPEAKE OPERATING: Removes Hudson Case to W.D. Louisiana
CLARK HOWARD: Website Not Accessible to Blind, Dicarlo Alleges
CLASSIC LIMO: Fails to Pay Overtime Wages, Silva Suit Says
COMBE INC: Du Boc Ali et al Sue over Toxic Hair Dye Products
CONESTOGA SETTLEMENT: Neukranz Suit Moved to N.D. Texas
CONN APPLIANCES: Court Moots Bid to Certify Class in Duran Suit
CONSOLIDATED HOUSEKEEPING: Rojas to Recover Unpaid Overtime Wages
CONTROL4 CORPORATION: Faces Bushansky Suit over Proposed Merger
CTI TELECOM: Has Made Unsolicited Calls, Cooney Suit Claims
DAMEN HEALTHCARE: Young Sues over Collection of Biometric Data
DB HEALTHCARE: Ducksworth Sues Over Unpaid Overtime Wages
DRUNK ELEPHANT: Reid Sues Over Blind-Inaccessible Website
EAGLE RECOVERY: Has Made Unsolicited Calls, Collier Suit Claims
EAST HAMPTON: Nisbett Files Class Suit under Disabilities Act
FIDELIS CARE: Rotthoff Hits Misclassification, Seeks Proper Wages
FINANCIAL RECOVERY: Lipschutz Asserts FDCPA Violation
FORTUNE LIMOUSINES: Underpays Limo Drivers, Cabrera Alleges
FRATELLI ITALIANI: Restrepo Sues Over Unpaid Overtime Wages
GC SERVICES: Honig Suit Asserts FDCPA Breach
GC SERVICES: Musante, et al. Suit Moved to E.D. New York
GERMAIN ON DAVIS: Teblum Sues over Unsolicited Telemarketing
GLOBAL CREDIT: Prince Suit Asserts FDCPA Violation
HEALTHCARE SOLUTIONS: Perez Seeks to Stop Illegal Telemarketing
HINDEN MCLEAN: Dumas Disputes Collection Letter
I.C. SYSTEMS: Peterson FDCPA Suit Moved to S.D. Florida
INTERNATIONAL ASSOCIATION: Breached Duty of Fair Representation
KIWI-TEK LLC: Catoe Hits Misclassification, Seeks Overtime Pay
KRONES INC: Paswaters Sues Over Unpaid Overtime Under FLSA
LA BODEGUITA DE ROSA: Fails to Pay Overtime, Tejeda Alleges
LABORATORY CORPORATION: Ignacio Sues Over Unpaid Wages
LABORATORY CORPORATION: Wallach Sues over Medical Data Breach
LAKHANI HOSPITALITY: Illegally Uses Biometric Info, Castillo Says
LANDMARK THEATRE: Imposes Access Barriers to Disabled, Rena Claims
LIBERTY BANK: Quirk Suit Challenges Assessing of Overdraft Fees
LMAK PROJECTS: Picon Asserts Breach of Disabilities Act
LOCO FOOD: Phan Sues Over Illegal Tip Pool
LUMICO LIFE: Faces Shelton Class Suit Alleging TCPA Violation
MACUILS TIRE: Underpays Auto Mechanics, Beasley Suit Alleges
MALLINCKRODT ARD: Steamfitters Union Brings RICO Class Action
MARGARET THATCHER PROJECTS: Picon Files ADA Class Suit in New York
MCDERMOTT INTERNATIONAL: Farabaugh Sues Over Unpaid Overtime Wages
MCKENZIE FINE: Picon Alleges Violation under ADA
MDL 2493: Bank et al.'s TCPA Suit Transferred to E.D.N.Y.
MRC GLOBAL: Removes Castellon Suit to E.D. of California
NEW BEGINNINGS: Kavlakian Sues Over Unsolicited Marketing
OASIS HOSPITALITY: Vasquez Sues Over Unpaid Overtime Under FLSA
OGEECHEE AREA: Martin Sues Over Unpaid Overtime Wages
PAUL FREDRICK: Faces Traynor Suit in Southern District of New York
PM LAW FIRM: Garcia Seeks to Recover Damages, Fees and Costs
POWERHOUSE TNT: Fails to Pay Minimum, Overtime Wages, Conrad Says
PRIMECARE MEDICAL: Moore Seeks Overtime Wages for Therapists
PROCTER & GAMBLE: $650,000 Settlement in Marsh Suit Wins Final OK
PROGRESSIVE CASUALTY: Fails to Pay Proper Wages, Bilog Alleges
PROPAK LOGISTICS: Removes Baker Suit to C.D. California
R.Y. MANAGEMENT: Olsen ADA Suit Moved to S.D. New York
ROBERT MANN: Picon Alleges Violation under Disabilities Act
ROYAL ADMINISTRATION: Papia Sues Over TCPA Violation
SAN FRANCISCO, CA: FLSA Collective Action Wins Certification
SAN FRANCISCO, CA: Lam May File Writ of Certiorari on September 1
SCHENKER INC: Ramirez Suit Removed to C.D. California
SCRIPPS HEALTH: DeutschHits Missed Breaks, Unpaid Overtime Wages
SHAPIRO DICARO: Wertzberger Files Class Suit in New York
SIEMENS INDUSTRY: School Sues over Inaccurate Water Billing
SOMA SALON: Maltais Seeks Pay for Off-the-Clock Work
STATE FARM: Davis Seeks to Certify Class
STUDIO MOVIE: Esqueda Files Class Suit in California
SUSAN ELEY: Picon Asserts Breach of Disabilities Act
TATA'S NATURAL: Faces Traynor Suit in Southern Dist. of New York
THARALDSON HOSPITALITY: Barajas Labor Suit Removed to C.D. Cal.
THOMAS ERBEN GALLERY: Picon Files ADA Class Suit in New York
THUNDERBIRD LLC: Rodriguez Sues Over Biometric Data Retention
TOMORROW ENERGY: Rogers TCPA Suit Seeks to Stop Illegal Calls
TOMTOM NORTH: Sued Over Discontinued Lifetime Maps for GPS Devices
TOP SHELF: Hannah Hits Misclassification, Seeks Unpaid Compensation
TRADER JOE'S: Keim Sues Over FCRA Violation
TRANS EXPRESS: Fails to Pay Overtime Under FLSA, Pulliam Alleges
TRUBRIDGE INC: Mattison Sues Over Unpaid Overtime Wages
TYSON FARMS: Russell Files PI Class Suit in Alabama
UNIFUND CCR: Hollifield Suit Asserts FDCPA Breach
UNITED PIPE: Removes Galvan Case to Central District of California
URBAN OUTFITTERS: McEarchen, et al. Suit Transferred to S.D.N.Y.
US-REPORTS INC: Falls Files Suit Over Unlawful Compensation System
VERIZON COMMUNICATIONS: Kaufman Suit Moved to N.D. California
VINEYARD VINES: Cohen Hits Disclosure of Personal Info
WASH MULTIFAMILY: Antwerp Class Suit Asserts Breach of Contract
WELLS FARGO: Pena Sues Over Discriminatory and Unlawful Actions
WELTMAN & WEINBERG: Johnson et al Seek to Certify 2 Classes
*********
880 DRY CLEANERS: Fails to Pay OT Under FLSA, NYLL, Rodriguez Says
------------------------------------------------------------------
ARTURO PONCE RODRIGUEZ, individually and on behalf of others
similarly situated v. 880 DRY CLEANERS, INC. (D/B/A MERIT
CLEANERS), 880 MERIT CLEANERS, INC. (D/B/A MERIT CLEANERS), LEX 880
DRY CLEANERS, LLC (D/B/A MERIT CLEANERS), GREEN DRY CLEANERS
HOLDING CO., INC. (D/B/A MERIT CLEANERS), and KWANG HO CHOI (A.K.A.
CHARLIE CHOI), Case No. 1:19-cv-06500 (S.D.N.Y., July 12, 2019),
alleges that the Plaintiff worked for the Defendants in excess of
40 hours per week, without appropriate minimum wage and overtime
compensation for the hours that he worked, in violation of the Fair
Labor Standards Act and the New York Labor Law.
880 Dry Cleaners, Inc. (d/b/a Merit Cleaners) is a domestic
corporation organized and existing under the laws of the state of
New York. 880 Merit Cleaners, Inc. (d/b/a Merit Cleaners) is a
domestic corporation organized and existing under the laws of the
state of New York.
Lex 880 Dry Cleaners, LLC (d/b/a Merit Cleaners) is a domestic
corporation organized and existing under the laws of the state of
New York. Green Dry Cleaners Holding Co., Inc. (d/b/a Merit
Cleaners) is a domestic corporation organized and existing under
the laws of the state of New York. Kwang Ho Choi (a.k.a. Charlie
Choi) is sued individually in his capacity as owner, officer and/or
agent of the Defendant Corporations.
The Defendants owned, operated, or controlled a dry cleaner,
located at 880 Lexington Ave. #1, in New York City, under the name
"Merit Cleaners." The Defendants operate dry cleaners located in
the Lenox Hill section of Manhattan in New York City.[BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
E-mail: Michael@Faillacelaw.com
ABM INDUSTRY: Thompson Seeks to Recover Overtime Pay Under FLSA
---------------------------------------------------------------
GUS THOMPSON, Individually, and on behalf of himself and other
similarly situated current and former employees v. ABM INDUSTRY
GROUPS, LLC, and ABM JANITORIAL SERVICES, SOUTHEAST, LLC, Case No.
2:19-cv-02450-SHL-tmp (W.D. Tenn., July 12, 2019), seeks to recover
unpaid overtime compensation under the Fair Labor Standards Act.
ABM Industry Groups, LLC, is a Delaware limited liability company
and has its principal offices located in Sugar Land, Texas. ABM
Industry Groups, LLC is believed to be the ultimate parent company
to the other named Defendants. ABM Janitorial Services, Southeast,
LLC was a California limited liability corporation with its
principal office located in Houston, Texas. ABM Janitorial
Services, Southeast, LLC has since been merged with ABM Industry
Groups, LLC.
The Defendants provide (and have provided) janitorial and related
services to buildings owned by Amazon, throughout the United
States.[BN]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
Robert E. Turner, IV, Esq.
Robert E. Morelli, III, Esq.
JACKSON, SHIELDS, YEISER & HOLT, ATTORNEYS AT LAW
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 759-1745
E-mail: gjackson@jsyc.com
rbryant@jsyc.com
rturner@jsyc.com
rmorelli@jsyc.com
ACTION IRRIGATION: Fails to Pay Proper Overtime, DeGuzman Says
--------------------------------------------------------------
MICHAEL DEGUZMAN, individually and on behalf of all others
similarly situated, Plaintiff v. ACTION IRRIGATION, LLC; and
ANTHONY ZARLINGA, Defendants, Case No. 1:19-cv-01519 (N.D. Ohio,
July 3, 2019) is an action against the Defendant's failure to pay
the Plaintiff and the class overtime compensation for hours worked
in excess of 40 hours per week.
The Plaintiff DeGuzman was employed by the Defendants as a
non-exempt employee.
Action irrigation, LLC is an Ohio limited liability company in
Cleveland, Ohio. [BN]
The Plaintiff is represented by:
Scott D. Perlmuter, Esq.
TITLE AND PERLMUTER LAW FIRM
2012 West 25th Street, Suite 716
Cleveland, OH 44113
Telephone: (216) 308-1522
Facsimile: (888) 604-9299
E-mail: tittle@tittlelawfirm.com
- and -
Thomas A. Downie, Esq.
CHAGRIN LAW FIRM
46 Chagrin Falls Plaza Suite 104
Chagrin Falls, OH 44022
Telephone: (440) 973-9000
E-mail: tom@chagrinlaw.com
AEROHIVE NETWORKS: Plumley Files Securities Class Action
---------------------------------------------------------
PATRICK PLUMLEY, Individually and On Behalf of All Others Similarly
Situated, Plaintiff, v. AEROHIVE NETWORKS, INC., DAVID K. FLYNN,
FRANK J. MARSHALL, INGRID BURTON, REMO E. CANESSA, CURTIS E. GARNER
III, JOHN GORDON PAYNE, CONWAY RULON-MILLER, EXTREME NETWORKS,
INC., and CLOVER MERGER SUB, INC., Defendants, Case No.
1:19-cv-01322-UNA (D. Del., July 16, 2019) is an action stemming
from a proposed transaction announced on June 26, 2019, pursuant to
which Aerohive Networks, Inc. will be acquired by Extreme Networks,
Inc. ("Parent") and Clover Merger Sub, Inc. ("Merger Sub," and
collectively with Parent, "Extreme").
On June 26, 2019, Aerohive's Board of Directors caused the Company
to enter into an agreement and plan of merger with Extreme.
Pursuant to the terms of the Merger Agreement, Merger Sub commenced
a tender offer to acquire all of Aerohive's outstanding common
stock for $4.45 per share in cash. The Tender Offer is scheduled to
expire on August 8, 2019. On July 12, 2019, defendants filed a
Solicitation/Recommendation Statement with the United States
Securities and Exchange Commission in connection with the Proposed
Transaction.
The Solicitation Statement omits material information with respect
to the Proposed Transaction, which renders the Solicitation
Statement false and misleading. Accordingly, plaintiff alleges that
Defendants violated the Securities Exchange Act of 1934 in
connection with the Solicitation Statement, says the complaint.
Plaintiff is the owner of Aerohive common stock.
Aerohive has designed and developed a leading cloud networking
platform and product portfolio using cloud management, machine
learning, and artificial intelligence to simplify and secure the
access network.[BN]
The Plaintiff is represented by:
Brian D. Long, Esq.
Gina M. Serra, Esq.
RIGRODSKY & LONG, P.A.
300 Delaware Avenue, Suite 1220
Wilmington, DE 19801
Phone: (302) 295-5310
Facsimile: (302) 654-7530
Email: bdl@rl-legal.com
gms@rl-legal.com
- and -
Richard A. Maniskas, Esq.
RM LAW, P.C.
1055 Westlakes Drive, Suite 300
Berwyn, PA 19312
Phone: (484) 324-6800
Facsimile: (484) 631-1305
AI BO FINE: Picon Files Class Suit in New York under ADA
--------------------------------------------------------
Ai Bo Fine Asian Art LLC is facing a class action lawsuit filed
pursuant to the Americans with Disabilities Act. The case is styled
as Yelitza Picon and on behalf of all other persons similarly
situated, Plaintiff v. Ai Bo Fine Asian Art LLC, Defendant, Case
No. 1:19-cv-06909 (S.D. N.Y., July 24, 2019).
Ai Bo Fine Asian Art LLC is in the Art Gallery, Commercial
business.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Tel: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
AIR METHODS: Faces Dequasie, et al. Suit in District of Colorado
----------------------------------------------------------------
A class action lawsuit has been filed against Air Methods
Corporation et al. The case is captioned as Richard Dequasie, Dwain
Pattillo, Kathleen Pence, Kara Ridley, Sandra Saenz, and Miranda
Taylor, on behalf of themselves and others similarly situated, the
Plaintiffs, vs. Air Methods Corporation and Rocky Mountain
Holdings, LLC, the Defendants, Case No. 1:19-cv-01951-CMA-NYW (D.
Colo., July 5, 2019). The case is assigned to the Hon. Judge
Christine M. Arguello. The suit alleges violation of the Airline
Deregulation Act.
Air Methods Corporation is an American privately owned helicopter
operator. The air medical division provides emergency medical
services to 70,000 -100,000 patients every year, and serves 48
states and Haiti, and air medical continues to be its primary
business focus. Rocky Mountain Holdings LLC. Rocky Mountain
Holdings LLC provides air medical transportation services utilizing
a fleet of helicopters and fixed-wing aircraft.[BN]
Attorneys for the Plaintiffs are:
Edward L. White, Esq.
EDWARD L. WHITE, PC
829 East 33rd Street
Edmond, OK 73013
Telephone: (405) 810-8188
Facsimile: (405) 608-0971
E-mail: ed@edwhitelaw.com
- and -
Michael D. Plachy, Esq.
Abby Caroline Harder, Esq.
LEWIS ROCA ROTHGERBER
CHRISTIE LLP-DENVER
1200 17th Street
One Tabor Center, Suite 3000
Denver, CO 80202
Telephone: (303) 628-9532
Facsimile: (303) 623-9222
E-mail: mplachy@lrrc.com
aharder@lrrc.com
Attorneys for the Defendants are:
Jessica Jodene Smith, Esq.
Matthew J. Smith, Esq.
HOLLAND & HART LLP-DENVER
555 17th Street, Suite 3200
Denver, CO 80202
Telephone: (303) 295-8374
Facsimile: (303) 974-1133
E-mail: jjsmith@hollandhart.com
mjsmith@hollandhart.com
AM & GH LLC: Meadows Seeks Damages Over Unpaid Minimum Wages
------------------------------------------------------------
MALENA MEADOWS, JESSICA ABSHIRE, LESLIE SMITH, and HEATHER ADKINS,
Plaintiffs, v. AM & GH LLC dba Grano, AMMAR KRAYEM, in his
individual capacity, KAL PRO LLC dba Grano, K STAR LLC, SANA SAID
SULIMAN, in her individual capacity and ADHAM KALOU, in his
individual capacity, Defendants, Case No. 2:19-cv-00525 (S.D. W.
Va., July 17, 2019) is an action brought by the Plaintiffs on
behalf of themselves and others similarly situated to recover
damages due and owing to them as a direct result of the defendants'
violation of the Fair Labor Standards Act for failure to pay
minimum wage to employees.
According to the complaint, the Defendants were aware that the
Plaintiffs either had a judgment or a pending judgment against
their employer, the Defendant, AM & GH LLC. However, the Defendants
acted in concert to deny the Plaintiffs wages that were due to them
pursuant to the FLSA as set forth in the Court's order. The
Plaintiffs are entitled to judgment against all of the defendants
for the amount found to be due and owing by the Court along with
any additional attorneys' fees and court costs, says the
complaint.
Plaintiffs were employed by AM & GH LLC.
AM & GH LLC operated a place of business known as Grano, a
restaurant located in Kanawha County, West Virginia.[BN]
The Plaintiffs are represented by:
J. Michael Ranson, Esq.
Cynthia M. Ranson, Esq.
RANSON LAW OFFICES, PLLC
1562 Kanawha Blvd., East
Charleston, WV 25311
Phone: (304) 345-1990
Email: cmr@ransonlaw.com
jmr@ransonlaw.com
- and -
G. Patrick Jacobs, Esq.
JACOBS LAW OFFICES, PLLC
7020 MacCorkle Ave., SE
Charleston, WV 25304
Phone: (304) 926-6676
Email: pjacobs@bjblaw.com
AMERICAN HONDA: Acura Owners Sue Over Defective Infotainment System
-------------------------------------------------------------------
Jimmy Banh, Lawrence Goldman, Jamal Samaha, George Quinlan, Gary
Hanna, Cindy Ortiz, Alexi Chisari, Michael Brumer, Dave Jahsman,
John Bartholomew, Vimal Lawrence, Charles Denaro, Adam Pryor,
Srikarthik Subbarao, Eric Faden and Hamilton Hines on behalf of
themselves and all others similarly situated, Plaintiffs, v.
American Honda Motor Co., Inc., Defendant, Case No. 19-cv-05984
(C.D. Cal., July 11, 2019), seeks redress for violations of the
Magnuson-Moss Warranty Act, the California Legal Remedies Act, and
the California Unfair Competition Law.
Plaintiffs are Acura owners who allege that the "infotainment
systems" malfunction in the 2019 and 2020 Acura RDX vehicles.
Plaintiffs were promised that said system would be available to
Android systems within "a few weeks or months." To date, they
allege that the infotainment system would take up to a minute
before it would start playing audio and had been forced to use an
adaptor, USB stick, and MP3 player to listen to music, thus causing
a distraction when driving. [BN]
Plaintiff is represented by:
Christopher R. Pitoun, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
301 N. Lake Ave., Suite 920
Pasadena, CA 91101
Tel: (213) 330-7150
Fax: (213) 330-7152
Email: christopherp@hbsslaw.com
sean@hbsslaw.com
- and -
Sean R. Matt, Esq.
Steve W. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
Email: toml@hbsslaw.com
robl@hbsslaw.com
- and -
Jeffrey S. Goldenberg, Esq.
Todd B. Naylor, Esq.
GOLDENBERG SCHNEIDER, LPA
One West Fourth Street, 18th Floor
Cincinnati, Ohio 45202
Phone: (513) 345-8291
Fax: (513) 345-8294
Email: jgoldenberg@gs-legal.com
tnaylor@gs-legal.com
- and -
John C. Weisensell, Esq.
NIEKAMP, WEISENSELL, MUTERSBAUGH & MASTRANTONIO LLP
23 South Main Street, Third Floor
Akron, OH 44308
Tel: (330) 434-1000
Fax: (330) 434-1001
Email: jack@nwm-law.com
AMERICAN SALES: Santana Seeks to Certify Class of Security Guards
-----------------------------------------------------------------
In the class action lawsuit styled as TAHIMY SANTANA, the
Plaintiff, v. AMERICAN SALES AND MANAGEMENT ORGANIZATION, LLC, a
Florida Limited Liability Company, the Defendant, Case No.
1:19-cv-21835-UU (S.D. Fla.), the Plaintiff asks the Court to enter
an order:
a) conditionally certifying a collective action of:
"current and former Security Guards who worked for
Defendants nationwide in the last three years prior to the
filing of the Complaint and who were not paid overtime
compensation for their hours worked over 40 each week";
b) compelling expedited production by the Defendant, within 15
days of Court Order, of a complete list of each and every
person -- and their last-known home addresses, telephone
numbers, e-mail addresses, and social security numbers --
who was employed by the Defendant, performed services on
Defendant's behalf, and/or performed services which
benefited Defendant in any way, at any time for the past
three years, and who was classified and/or described by
Defendant as a "Security Guards", or the like;
c) requiring Defendant to provide Plaintiff's counsel
with the list both by hard copy and electronically
-- in an Excel spreadsheet with each person listed
alphabetically form "A" to "Z" and with each person's last-
known home address, telephone number, e-mail address, and
social security number in a separate field corresponding
with each name;
d) authorizing Plaintiff counsel's mailing of a Court-approved
Notice to all such persons about their right to opt into
this collective action by filing a Consent to Join Lawsuit;
e) requiring the parties' counsel to confer on the contents of
the Notice in the event the Court would prefer that the
parties stipulate to the use of a Notice in this or a
different form, and, submitting the disputed issues to this
Court for resolution, if the parties' counsel are unable to
agree on the form (submissions shall occur no less than
15 days after the entry of the Order);
f) authorizing the Plaintiff's counsel to send initial notice
to all individuals whose names appear on the list produced
by the Defendant's counsel by first-collective action mail
and via e-mail;
g) directing the Defendant to post at all of its business
locations located within its b ranches;
h) authorizing the Plaintiff's counsel to send a follow-up
notice to all individuals whose names appear on the list
produced by Defendant's counsel but who, by the 14th day
prior to the close of the notice period, have yet to
opt in to the instant action; and
i) providing all individuals whose names appear on the list
produced by Defendant's counsel a total of 60 days from the
date the notices are initially mailed to file a Consent to
Become Opt-In Plaintiff form.[CC]
Counsel for the Plaintiff are:
Peter M. Hoogerwoerd, Esq.
Nathaly Saavedra, Esq.
REMER & GEORGES-PIERRE, PLLC
44 West Flagler Street, Suite 2200
Miami, FL 33130
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
E-mail pmh@rgpattorneys.com
pmh@rgpattorneys.com
ns@rgpattorneys.com
Counsel for the Defendant are:
Susan Potter Norton, Esq.
Alexander Castro, Esq.
ALLEN NORTON & BLUE, P.A.
121 Majorca Avenue, Suite 300
Coral Gables, FL 33134
Telephone: (305) 445-7801
Facsimile: (305) 442-1578
E-mail: snorton@anblaw.com
acastro@anblaw.com
AMPLIFY ENERGY: Flaherty Sues Over Midstates Merger Deal
--------------------------------------------------------
STEPHEN PAUL FLAHERTY, Individually and on Behalf of All Others
Similarly Situated, Plaintiff, v. AMPLIFY ENERGY CORPORATION,
KENNETH MARIANI, EDWARD A. SCOGGINS, JR., SCOTT L. HOFFMAN,
CHRISTOPHER W. HAMM, DAVID M. DUNN, EVAN S. LEDERMAN, and DAVID H.
PROMAN, Defendants, Case No. 1:19-cv-01333-UNA (D. Del., July 17,
2019) is an action stemming from a proposed transaction announced
on May 6, 2019, pursuant to which Amplify Energy Corp. will be
acquired by Midstates Petroleum Company, Inc.
On May 5, 2019, Amplify's Board of Directors caused the Company to
enter into an Agreement and Plan of Merger with Midstates, a
Delaware corporation, and Midstates Holdings, Inc., a direct,
wholly owned subsidiary of Midstates formed for the purpose of
effecting the merger ("Merger Sub"). In accordance with the Merger
Agreement, (i) Merger Sub will merge with and into Amplify, leaving
Amplify as the surviving company in the merger as a direct, wholly
owned subsidiary of Midstates, with each share of Amplify common
stock issued and outstanding immediately prior to the effective
time (other than excluded shares) being cancelled and converted
into the right to receive 0.933 shares of Midstates common stock
("Stock Consideration"), then (ii) Amplify will be merged with and
into a wholly owned subsidiary of Midstates. This wholly owned
subsidiary, renamed Amplify Energy Corp., is expected to continue
as the surviving entity.
On June 28, 2019, Defendants filed a definitive proxy statement on
a Schedule 14A with the United States Securities and Exchange
Commission, scheduling a stockholder vote on the Proposed
Transaction for August 2, 2019, and outlining appraisal rights
available to Amplify's stockholders.
However, the complaint asserts that the Proxy omits certain
material information with respect to the Proposed Transaction,
which renders it false and misleading, in violation of Sections
14(a) and 20(a) of the Securities Exchange Act of 1934, and SEC
Rule 14a-9, promulgated thereunder. Plaintiff seeks to enjoin
Defendants from taking any steps to consummate the Proposed
Transaction or, in the event the Proposed Transaction is
consummated, to recover damages resulting from Defendants'
wrongdoing described herein, says the complaint.
Plaintiff is the owner of Amplify common stock.
Amplify is an independent oil and natural gas company engaged in
the acquisition, development, exploitation and production of oil
and natural gas properties in the United States.[BN]
The Plaintiff is represented by:
Brian D. Long, Esq.
Gina M. Serra, Esq.
RIGRODSKY & LONG, P.A.
300 Delaware Avenue, Suite 1220
Wilmington, DE 19801
Phone: (302) 295-5310
Facsimile: (302) 654-7530
Email: bdl@rl-legal.com
gms@rl-legal.com
- and -
Carl L. Stine, Esq.
Antoinette Adesanya, Esq.
WOLF POPPER LLP
845 Third Avenue, 12th Floor
New York, NY 10022
Phone: (212) 759-4600
Facsimile: (212) 486-2093
Email: cstine@wolfpopper.com
ATLANTIC DEVELOPMENT: Underpays Construction Workers, Suit Says
---------------------------------------------------------------
WILLIAM SPENCER, individually and on behalf of all others similarly
situated, Plaintiff v. ATLANTIC DEVELOPMENT SYSTEMS, LLC; and
MONROE A. MOORE, Defendants, Case No. 6:19-cv-01217 (M.D. Fla.,
July 2, 2019) seeks to recover from the Defendants unpaid wages and
overtime compensation, interest, liquidated damages, attorneys'
fees, and costs under the Fair Labor Standards Act.
The Plaintiff Spencer was employed by the Defendants as
construction worker.
Atlantic Development Systems, LLC is engaged in the business of
providing management consulting services. [BN]
The Plaintiff is represented by:
Robert S. Norell, Esq.
ROBERT S. NORELL, P.A.
300 N.W. 70th Avenue, Suite 305
Plantation, FL 33317
Telephone: (954) 617-6017
Facsimile: (954) 617-6018
E-mail: rob@floridawagelaw.com
BMW: Casey Sues over Defective Motorcycle Gear Indicator
--------------------------------------------------------
DANIEL CASEY, individually and on behalf of all others similarly
situated, Plaintiff v. BMW OF NORTH AMERICA, LLC, Defendant, Case
No. 2:19-cv-14761-ES-SCM (D.N.J., July 5, 2019) contends that the
Defendant's BMW Motorcycles were sold with defective gear
indicators which intermittently displayed the wrong gear or did not
indicate any gear at all. The defective gear indicators can cause
multiple problems for motorcycle drivers and can lead to accidents
and other safety issues.
The defective gear indicators are found on Model year 2003-2019 F,
K, G, R, HP2, and S series BMW motorcycles. The BMW Motorcycles'
gear indicators have been the subject of numerous consumer
complaints. The Defendant has long known about the problem but has
not notified consumers.
Plaintiff wants the motorcycles recalled.
BMW of North America, LLC, markets and sells motor vehicles. The
Company offers vehicle accessories and interior and exterior parts,
apparel and accessories for men, women, and kids, as well as offers
vehicle financing and leasing services. BMW of North America
operates in the State of New Jersey. [BN]
The Plaintiff is represented by:
Janine Pollack, Esq.
THE SULTZER LAW GROUP P.C.
351 West 54 th Street, Unit 1C
New York, NY 10019
Telephone: (212) 969-7810
E-mail: pollackj@thesultzerlawgroup.com
- and -
Adam Gonnelli, Esq.
280 Highway 35, Suite 304
Red Bank, NJ 07701
Telephone: (845) 483-7100
Facsimile: (888) 749-7747
E-mail: gonnellia@thesultzerlawgroup.com
- and -
Bonner Walsh, Esq.
WALSH PLLC
1651 Long Haul Road
Grangeville, ID 83530
Telephone: (541) 359-2827
Facsimile: (866) 503-8206
E-mail: bonner@walshpllc.com
BOEING COMPANY: Pilot B Brings Suit for Emotional, Mental Distress
------------------------------------------------------------------
PILOT B, individually and on behalf of all those similarly
situated, Plaintiff, v. THE BOEING COMPANY, a Delaware corporation,
Defendant, Case No. 2019CH08319 (Circuit Ct., Cook Cty., Ill., July
16, 2019) seeks compensation on behalf of the Plaintiff and over
six hundred pilots (the "Class") qualified to fly the Boeing 737
MAX series of aircraft (the "MAX") as employees of an international
airline ("Airline B").
Plaintiff's personal and professional life was disrupted when
BOEING and the Federal Aviation Administration (the "FAA") engaged
in an unprecedented cover-up of known design flaws of the MAX,
which predictably resulted in the crashes of two MAX aircraft and
grounding of all MAX aircraft worldwide. The Plaintiff relied on
BOEING's representations that the MAX was safe when the Plaintiff
chose to qualify to fly the MAX, and the Plaintiff suffered
significant lost wages, among other economic and non-economic
damages, when the MAX was grounded with no end in sight.
Additionally, the Plaintiff suffered severe emotional and mental
distress when the Plaintiff was compelled to fly the MAX--placing
the Plaintiffs life and the lives of the crews and passengers in
danger--despite the growing awareness of the dangerous nature of
the Maneuvering Characteristics Augmentation System (the "MCAS")
and other problems that BOEING had previously concealed or failed
to disclose to the Plaintiff.
For these reasons, the Plaintiff individually and on behalf of all
those similarly situated, requests entry of a judgment against
BOEING in an amount that will make the Plaintiff whole and deter
BOEING and other manufacturers from valuing corporate profits over
human life, says the complaint.
Plaintiff was a licensed pilot employed by an international airline
that employs over six hundred pilots who are qualified to operate
the MAX, and who are citizens of many different nations, including
the United States.
BOEING and Airbus SE maintain a global duopoly of the commercial
aircraft manufacturing industry with the two companies making up
99% of commercial jet orders worldwide.[BN]
The Plaintiff is represented by:
Patrick M. Jones, Esq.
Sarah M. Beaujour, Esq.
PMJ PLLC
100 South State Street
Chicago, IL 60603
Phone: (312) 255-7976
Email: pmj@patjonespllc.com
smb@pa~jonespllc.com
- and -
Joseph C. Wheeler, Esq.
IALPG PTY LTD (t/as International Aerospace Law & Policy
Group)
ID, 7/139 Junction Road
Clayfield, Queensland
Australia 4011
Phone: +61 7 3040 1099
Email: jwheeler@ialpg.com
BREVARD EXTRADITIONS: Langellier Sues Over Unpaid Overtime Wages
----------------------------------------------------------------
KEVIN LANGELLIER, on behalf of himself and on behalf of all others
similarly situated, Plaintiff, v. BREVARD EXTRADITIONS INC d/b/a
U.S. PRISONER TRANSPORT, Defendant, Case No. 6:19-cv-01316 (M.D.
Fla., July 17, 2019) is an action for damages under the Fair Labor
Standards Act, for failure to pay overtime wages.
Plaintiff and the Collective worked hours in excess of 40 hours
within a work week for Defendant, and they were entitled to be
compensated for these overtime hours at a rate equal to one and
one-half times their individual regular hourly rates, notes the
complaint. However, the Defendant failed to pay Plaintiff and
Members of the Collective an overtime premium for all of the
overtime hours that they worked, in violation of the FLSA, the
complaint says.
KEVIN LANGELLIER was employed by Defendant as an Extradition Agent
in July 2018, and he worked in this capacity until February 2019.
BREVARD EXTRADITIONS INC d/b/a U.S. PRISONER TRANSPORT operates a
prisoner transportation company in Melbourne, in Brevard County,
Florida.[BN]
The Plaintiff is represented by:
BRANDON J. HILL, ESQ.
WENZEL FENTON CABASSA, P.A.
1110 North Florida Ave., Suite 300
Tampa, FL 33602
Main No: 813-224-0431
Direct Dial: 813-337-7992
Facsimile: 813-229-8712
Email: bhill@wfclaw.com
jcornell@wfclaw.com
CANNTRUST HOLDINGS: Alvarado Hits Share Price Drop
--------------------------------------------------
Gustavo Alvarado, on behalf of himself and all others similarly
situated, Plaintiff, v. Canntrust Holdings Inc., Peter Aceto, Greg
Guyatt and Ian Abramowitz, Defendants, Case No. 19-cv-06438 (S.D.
N.Y., July 11, 2019), seeks to recover compensable damages caused
by violations of the federal securities laws and to pursue remedies
under the Securities Exchange Act of 1934.
CannTrust is a Canada-based producer of medical and recreational
cannabis. Unknown to investors, CannTrust allegedly was growing
cannabis in five unlicensed locations causing its Niagara Perpetual
Harvest Facility to be noncompliant with certain Canadian
regulations and had shipped unlicensed cannabis in violation of the
Canadian Cannabis Act.
On July 8, 2019, following this disclosure, the price of
CannTrust's common stock declined on the NYSE by $1.11 per share or
over 22%, from a closing price of $4.94 per share on July 5, 2019,
to close at $3.83 per share on July 8, 2019 on heavy trading
volume. Alvarado owns CannTrust common stock. [BN]
Plaintiff is represented by:
Robert N. Kaplan, Esq.
Jeffrey P. Campisi, Esq.
Jason A. Uris, Esq.
KAPLAN FOX & KILSHEIMER, LLP
850 Third Avenue, 14th Floor
New York, NY 10022
Tel: (212) 687-1980
Fax: (212) 687-7714
Email: rkaplan@kaplanfox.com
jcampisi@kaplanfox.com
juris@kaplanfox.com
CASA SYSTEMS: Baig Sues over Misleading IPO Docs, Stock Price Drop
------------------------------------------------------------------
MIRZA R. BAIG, on behalf of himself and all others similarly
situated, the Plaintiff, vs. WEIDONG CHEN, LUCY XIE, JOE TIBBETS,
BILL STYSLINGER, BRUCE R. EVANS, GARY HALL, JERRY GUO, CASA
SYSTEMS, INC., MORGAN STANLEY & CO., LLC, MACQUARIE CAPITAL (USA),
INC., BARCLAYS CAPITAL INC., STIFEL NICOLAUS & COMPANY, IN CORPORA
TED, WILLIAM BLAIR & CO., L.L.C., RAYMOND JAMES & ASSOCIATES, INC.,
NORTHLAND SECURITIES, INC., and SUMMIT PARTNERS, the Defendants,
Case No. 1977CV00961 (Mass. Super. Ct., July 3, 2019), is a
securities class action on behalf of all purchasers of Casa Systems
common stock in and/or traceable to Casa Systems' December 15, 2017
initial public stock offering.
On February 24, 2019, Casa Systems reported very disappointing Q4
2018 earnings. Guo stated that "with several years of CapEx spend
to upgrade and add more capacity in the network, we believe that
our cable business is, and will continue to be for the near term,
in a digestion period. Upon this news, Casa Systems' stock declined
further, from $11.96 on February 21, 2019 to $10.27 on February 25,
2019.
As more adverse information about the Company's business and
operations that was omitted from the Offering Documents seeped into
the market, Casa Systems' stock price has plummeted to less than
half of the price at its initial public offering. As of May 23,
2019, the Company's stock had closed at just $5.96 per share -- a
decline of 54% from the IPO price, the lawsuit says.
Casa Systems provides software-centric broadband products in North
America, Latin America, the Asia-Pacific, Europe, the Middle East,
and Africa. The company offers solutions that allow cable service
providers to deliver voice, video, and data services over a single
platform at multi-gigabit speeds. Morgan Stanley provides financial
services. The Company offers a full range of services covering
mergers, acquisitions, restructurings, fixed income and equity
financing, as well as secondary trading, research, foreign
exchange, commodities, securities lending, asset management and
prime brokerage.[BN]
Attorneys for the Plaintiff are:
Timothy Cornell, Esq.
Patrick Dolan, Esq.
CORNELL DOLAN P .C.
One International Place, Suite 1400
Boston, MA 02110
Telephone: (617) 535-7763
E-mail: tcomell@comelldolan.com
pdolan@cornelldolan.com
- and -
Francis A. Bottini, Jr., Esq.
Albert Y. Chang, Esq.
Yury A. Kolesmkov, Esq.
BOTTINI & BOTTINI, INC.
7817 Ivanhoe Avenue, Suite 102
La Jolla, CA 92037
Telephone: (858) 914-2001
Facsimile: (858) 914-2002
E-mail: fbottini@bottinilaw .com
achang@bottinilaw.com
ykolesmov@bottinilaw.com
CHESAPEAKE OPERATING: Removes Hudson Case to W.D. Louisiana
-----------------------------------------------------------
Chesapeake Operating, L.L.C. removes a class action suit captioned
as RODNEY HUDSON ET AL, individually and on behalf of others
similarly situated, the Plaintiffs, vs. CHESAPEAKE OPERATING,
L.L.C., the Defendant, (Filed March 22, 2019), from 42nd Judicial
District Court for the Parish of DeSoto, State of Louisiana, to the
United States District Court for the Western District of Louisiana,
Shreveport Division on July 5, 2019. The Western District of
Louisiana Court Clerk assigned Case No. 5:19-cv-00862-SMH-MLH to
the proceeding.
The Plaintiffs seek various forms of relief based on Chesapeake's
allegedly improper deduction of post-production costs with respect
to production payments to unleased mineral owners related to the
Haynesville Shale and Bossier Shale formations in Louisiana.
Chesapeake Operating, L.L.C. engages in exploration and drilling of
natural gas.[BN]
Counsel for Rodney Hudson, James Garner, Jessica Garner Cox, Judy
Marie Thomas Dickson, and John Samuel Mayo, Jr. are:
Randall S. Davison, Esq.
Grant E. Summers, Esq.
Andrew D. Martin, Esq.
J. Davis Powell, Esq.
DAVIDSON SUMMERS, APLC
330 Marshall Street, Suite 1114
Shreveport, LA 71101
Telephone: 318-424-4342
Facsimile: 318-226-0168
E-mail: rsdav@davidsonsummers.com
gsummers@davidsonsummers.com
dmartin@davidsonsummers.com
dpowell@davidsonsummers.com
- and -
Michael G. Stag, Esq.
Ashley M. Liuzza, Esq.
Matthew D. Rogenes, Esq.
STAG LUIZZA , LLC
365 Canal Street, Suite 2850
New Orleans, LA 70130
Telephone: 504-593-9600
Facsimile: 504-593-9601
E-mail: mstag@stagliuzza.com
aliuzza@stagliuzza.com
mrogenes@stagliuzza.com
- and -
Sally D. Fleming, Esq.
Owen M. Courreges, Esq.
THE LAW OFFICE OF SALLY DUNLAP FLEMING, P.L.C.
829 Baronne Street
New Orleans, LA 70113
Telephone: 504-891-3090
Facsimile: 504-895-5190
E-mail: fleminglawfirmnola@gmail.com
owen@courregeslaw.com
Counsel for Chesapeake Operating, L.L.C. are:
Michael B. Donald, Esq.
Nicole M. Duarte, Esq.
JONES WALKER LLP
811 Main Street, Suite 2900
Houston, TX 77002
Telephone: 713-437-1800
Facsimile: 713-437-1810
E-mail: mdonald@joneswalker.com
nduarte@joneswalker.com
CLARK HOWARD: Website Not Accessible to Blind, Dicarlo Alleges
--------------------------------------------------------------
DAVID DICARLO, individually and on behalf of all others similarly
situated, Plaintiff v. CLARK HOWARD, INC., Defendant, Case No.
156535/20019 (N.Y. Sup., New York Cty., July 2, 2019) seeks to put
an end to systemic civil rights violations committed by the
Defendant in denying the Plaintiff equal access to the goods and
services that the Defendant provides to their customers through its
website https://clark.com.
The Defendant's Website https://clark.com provides to the public a
wide array of the goods, services, testimonials, and other programs
offered by the Defendant. Yet, according to the complaint, the
Website contains numerous access barriers that make it difficult if
not impossible for the Plaintiff to use the Website to its full
capacity. In fact, the barriers make it impossible for the
Plaintiff to access each of the 107 links found in the drop-down
menus at the top of the Website's main page.
The Defendant thus excludes the Plaintiff from the full and equal
participation in the growing Internet economy that is increasingly
a fundamental part of the common marketplace and daily living on
the basis of his disability.
Clark Howard, Inc. is a corporation organized under the laws of
Georgia State. The Company is engaged as a travel agency. [BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
CLASSIC LIMO: Fails to Pay Overtime Wages, Silva Suit Says
----------------------------------------------------------
Mario Silva, individually and on behalf of all others similarly
situated Plaintiff, v. Classic Limo, Inc. & Aziz Guermoudi,
Defendants, Case No. 19-0896 (Commonwealth of Mass., July 16, 2019)
seeks to recover damages arising from the Defendants' failure to
pay overtime compensation for hours worked over 40 in a workweek in
violation of The Massachusetts Wage and Overtime Act.
For the duration of Silva's employment, he routinely worked over 40
hours per week, yet Classic Limo never paid him additional overtime
compensation for hours worked over 40 in a workweek, says the
complaint.
Plaintiff was hired by the Defendants as a driver to perform
non-emergency medical transportation services on January 10, 2019.
Classic Limo provides non-emergency medical transportation services
to individuals. These services generally include driving
individuals to and from doctor's appointments, to and from clinical
facilities, and to and from other related non-emergency medical
appointments.[BN]
The Plaintiff is represented by:
Adam J. Shafran, Esq.
Rudolph Friedmann LLP
92 State Street
Boston, MA 02109
Phone: (617) 723-7700
Fax: (617) 227-0313
Email: ashafran@rflawyers.com
COMBE INC: Du Boc Ali et al Sue over Toxic Hair Dye Products
------------------------------------------------------------
A class action complaint has been filed against Combe Incorporated
and Combe International Ltd for claims of strict products liability
for design defect and for strict products liability defect due to
inadequate warning or instruction in connection with their business
of designing, developing, manufacturing, testing, packaging,
promoting, marketing, distributing, labeling, and/or selling Just
For Men hair care and dye products. The case is captioned RAY DU
BOC ALI, IZELL MCCLOUD, and CLEMON WILLIAMS on behalf of themselves
and other similarly situated Plaintiffs, v. COMBE INCORPORATED;
COMBE INTERNATIONAL LTD, Defendants, Case No. 7:19-cv-06187
(S.D.N.Y., July 2, 2019).
In this complaint, Plaintiffs also allege the Defendants for
negligence, breach of express warranty, breach of implied warranty,
negligent misrepresentation, fraud, and unjust enrichment.
Defendants allegedly market Just For Men hair dyes not only for
application to hair on the scalp, but also for coloring of
moustache, beard and side burns. Just For Men hair dyes contain
multiple ingredients, including a chemical known as
pphenylenediamine (PPD). PPD is characterized as a coal tar dye
because it was originally sourced from coal tar, but in modern use
is typically derived from petroleum products.
By marketing Just For Men hair dyes to be used by consumers in a
mandatory 48 hour at home "allergy ALERT patch test" prior to every
use, Defendants are promoting Just For Men for use as a drug.
Defendants impose upon consumers, with no training, no guide for
interpretation, no control over the amount, area or actual extent
of product exposure, an inadequate observation time, and no
negative control for comparison, the responsibility for determining
whether they are having a reaction to the product. Further
Defendants do not instruct consumers to consult their physician if
they experience the listed symptoms during the 48 hour allergy
test. Defendants also fail to instruct consumers to discontinue the
use of systemic antihistamines, cyclosporines and oral steroids
several days prior to conducting the open allergy test because use
of these medications could cause a false negative result. Moreover,
even if such a warning were made, many consumers are unlikely to
recognize whether the drugs they are taking belong to these
pharmaceutical classes, or further it may not be safe for them to
discontinue these medications.
Combe Incorporated and Combe International Ltd are Delaware
corporations, which have their principle place of business at 1101
Westchester Ave., White Plains, New York 10604. These companies are
engaged in the business of designing, developing, manufacturing,
testing, packaging, promoting, marketing, distributing, labeling,
and/or selling Just For Men hair care and dye products. [BN]
The Plaintiff is represented by:
Shane C. Fulton, Esq.
BURG SIMPSON ELDREDGE HERSH & JARDINE, PC
40 Inverness Drive East
Englewood, CO 80112
Telephone: (303) 792-5595
Facsimile: (303) 708-0527
E-mail: sfulton@burgsimpson.com
- and -
Janet G. Abaray, Esq.
Kenneth M. Daly, Esq.
BURG SIMPSON ELDREDGE HERSH & JARDINE, PC
312 Walnut Street, Suite 2090
Cincinnati, OH 45202
Telephone: (513) 852-5600
Facsimile: (513) 852-5611
E-mail: jabaray@burgsimpson.com
kdaly@burgsimpson.com
CONESTOGA SETTLEMENT: Neukranz Suit Moved to N.D. Texas
-------------------------------------------------------
The class action lawsuit styled as Dee Neukranz, individually and
as heir of the Estate of Lloyd Neukranz and on behalf of a class of
similarly situated persons, the Plaintiff, vs. Conestoga Settlement
Services, LLC; Conestoga International, LLC; Conestoga Trust
Services, LLC; L.L. Bradford and Company, LLC; Provident Trust
Group, LLC; Strategix Solutions, Ltd.; and Michael McDermott, the
Defendants, Case No. DC-19-08025, was removed from the 160th
Judicial District, Dallas County, to the U.S. District Court for
the Northern District of Texas (Dallas) on July 15, 2019. The
Northern District of Texas Court Clerk assigned Case No.
3:19-cv-01681-L to the proceeding. The suit seeks $5 billion worth
of damages alleging violation of Tort Law. The case is assigned to
the Hon. Judge Sam A. Lindsay.
The Plaintiff appears pro se.[BN]
Attorneys for Provident Trust Group, LLC are:
Christopher M LaVigne,Esq.
GREENBERG TRAURIG LLP
2200 Ross Avenue, Suite 5200
Dallas, TX 75201
Telephone: (214) 665-3675
Facsimile: (214) 665-5975
E-mail: lavignec@gtlaw.com
CONN APPLIANCES: Court Moots Bid to Certify Class in Duran Suit
---------------------------------------------------------------
In the class action lawsuit styled as STEPHANIE DURAN and ROSA
RESENDEZ, individually and on behalf of others similarly situated,
the Plaintiffs, v. CONN APPLIANCES, INC., d/b/a Conn's, the
Defendant, Case No. 1:18-cv-00761-RP (W.D. Tex.), the Hon. Judge
Robert Pitman entered an order:
1. mooting Conn's motions to compel the original Plaintiffs to
individual arbitration;
2. dismissing without prejudice all claims brought by the
original Plaintiffs;
3. directing Conn Appliance to file an advisory indicating
whether it will move for the remaining Plaintiffs to be
compelled to individual arbitration;
4. mooting Plaintiffs' motion to certify class, brought on
behalf of plaintiffs who have been dismissed from this
action and at odds with Plaintiffs' assertion that they
intend to file only individual arbitrations in this case;
and
5. directing Plaintiffs to file another motion for class
certification at a later date if they still seek requested
relief.
In his Interim Report and Recommendation, Magistrate Judge Andrew
W. Austin recommended that the Plaintiffs' claims be dismissed
without prejudice. Judge Pitman agreed, saying "When all the issues
in an action must be submitted to arbitration, a court may dismiss
the action. Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161,
1164 (5th Cir. 1992). The Original Plaintiffs have submitted their
claims against Conn's to original arbitration, and all relief
requested by Conn's relating to these Plaintiffs is now moot. There
is therefore no issue left for this Court to resolve regarding the
Original Plaintiffs. Accordingly, the Court will dismiss their
claims without prejudice."[CC]
CONSOLIDATED HOUSEKEEPING: Rojas to Recover Unpaid Overtime Wages
-----------------------------------------------------------------
GUALTER AMADO RAMOS ROJAS, individually and on behalf of others
similarly situated v. CONSOLIDATED HOUSEKEEPING OF NEW JERSEY, INC.
(D/B/A CONSOLIDATED HOUSEKEEPING), OH'KAY CLEANING & MAINTENANCE,
INC. (D/B/A CONSOLIDATED HOUSEKEEPING), ANTHONY GUBITOSI, LYDIA
GUBITOSI, RICARDO CALIXTRO, and JERRY BARBOSA, Case No.
1:19-cv-04055 (E.D.N.Y., July 12, 2019), seeks to recover alleged
unpaid overtime wages pursuant to the Fair Labor Standards Act of
1938 and the New York Labor Law.
Consolidated Housekeeping of New Jersey, Inc. (d/b/a Consolidated
Housekeeping) is a domestic corporation organized and existing
under the laws of the state of New York. Oh'Kay Cleaning &
Maintenance, Inc. (d/b/a Consolidated Housekeeping) is a domestic
corporation organized and existing under the laws of the state of
New York. The Individual Defendants possess operational control
over, and ownership interests in, the Defendant Corporations.
The Defendants owned, operated, or controlled a housekeeping
services company, located at 2 Bittersweet Lane, in Center
Moriches, New York, under the name "Consolidated
Housekeeping."[BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
E-mail: Michael@Faillacelaw.com
CONTROL4 CORPORATION: Faces Bushansky Suit over Proposed Merger
---------------------------------------------------------------
STEPHEN BUSHANSKY, individually and on behalf of all others
similarly situated, Plaintiff v. CONTROL4 CORPORATION; MARTIN
PLAEHN; MARIA THOMAS; ROB BORN; JAMES CAUDILL; DAVID C. HABIGER;
JEREMY JAECH; MARK JENSEN; and PHIL MOLYNEUX, Defendants, Case No.
1:19-cv-06192 (S.D.N.Y., July 2, 2019) is a stockholder class
action brought by the Plaintiff on behalf of himself and all other
public stockholders of Control4 Corporation against Control4 and
the members of Control4's Board of Directors for their violations
of the Securities Exchange Act of 1934, and to enjoin the vote on a
proposed transaction, pursuant to which Control4 will be acquired
by Wirepath Home Systems, LLC ("Parent" or "SnapAV") through its
wholly owned subsidiary Copper Merger Sub Inc.
According to the complaint, on May 9, 2019, Control4 and SnapAV
issued a joint press release announcing they had entered into an
Agreement and Plan of Merger dated May 8, 2019 to sell Control4 to
SnapAV. Under the terms of the Merger Agreement, each Control4
stockholder will receive $23.91 in cash for each share of Control4
common stock they own. The Proposed Transaction is valued at
approximately $680 million.
On June 21, 2019, Control4 filed a Definitive Proxy Statement on
Schedule 14A with the SEC. The Proxy Statement, which recommends
that Control4 stockholders vote in favor of the Proposed
Transaction, omits or misrepresents material information
concerning, among other things: (i) the Company's financial
projections; (ii) the data and inputs underlying the financial
valuation analyses that support the fairness opinion provided by
the Company's financial advisor, Raymond James & Associates, Inc.;
and (iii) the background of the Proposed Transaction. The failure
to adequately disclose such material information constitutes a
violation of Sections 14(a) and 20(a) of the Exchange Act as
Control4 stockholders need such information in order to make a
fully informed decision whether to vote in favor of the Proposed
Transaction or seek appraisal.
Unless remedied, Control4's public stockholders will be forced to
make a voting or appraisal decision on the Proposed Transaction
without full disclosure of all material information concerning the
Proposed Transaction being provided to them.
Control4 Corporation provides smart home and business solutions in
the United States, Australia, Canada, China, Germany, the United
Kingdom, and internationally. The company offers Control4 solution
that functions as the operating system of the home, integrating
audio, video, lighting, temperature, security, communications, and
other devices into a unified automation solution. Control4
Corporation was founded in 2003 and is headquartered in Salt Lake
City, Utah. [BN]
The Plaintiff is represented by:
Richard A. Acocelli, Esq.
WEISSLAW LLP
1500 Broadway, 16th Floor
New York, NY 10036
Telephone: (212) 682-3025
Facsimile: (212) 682-3010
CTI TELECOM: Has Made Unsolicited Calls, Cooney Suit Claims
-----------------------------------------------------------
MATTHEW COONEY, individually and on behalf of all others similarly
situated, Plaintiff v. CTI TELECOM, INC., Defendant, Case No.
0:19-cv-61658 (S.D. Fla., July 3, 2019) seeks to stop the
Defendants' practice of making unsolicited calls. The case is
assigned to Judge Rodney Smith.
CTI Telecom, Inc. was founded in 1992. The company's line of
business includes providing business consulting services on a
contract or fee basis. [BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Thomas J. Patti, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
Facsimile: (855) 529-9540
E-mail: jibrael@jibraellaw.com
tom@jibraellaw.com
DAMEN HEALTHCARE: Young Sues over Collection of Biometric Data
--------------------------------------------------------------
TOYYA YOUNG, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY
SITUATED, the Plaintiff, vs. DAMEN HEALTHCARE GROUP, LLC, and AMBD
PROPERTY LLC d/b/a AMBERWOOD CARE CENTRE, LLC, the Defendants, Case
No. 2019CH07729 (Ill. Cir., June 27, 2019), seeks to stop
Defendants' unlawful collection, use, storage, and disclosure of
Plaintiffs and the proposed Class' sensitive, private, and personal
biometric data.
According to the complaint, while most establishments and employers
use conventional methods for tracking time worked (such as ID badge
swipes or punch clocks), Defendants, upon information and belief,
mandated and required that employees have finger(s) scanned by a
biometric timekeeping device. Unlike ID badges or time cards -
which can be changed or replaced if stolen or compromised --
biometrics are unique, permanent biometric identifiers associated
with each employee.
This exposes Defendants' employees, including Plaintiff, to serious
and irreversible privacy risks. For example, if a biometric
database is hacked, breached, or otherwise exposed – such as in
the recent Equifax, Uber, Facebook/Cambridge Analytica, and
Marriott data breaches or misuses -- employees have no means by
which to prevent identity theft, unauthorized tracking, and other
improper or unlawful use of this highly personal and private
information.
BIPA provides individuals with a private right of action,
protecting their right to privacy regarding their biometrics as
well as protecting their rights to know the precise nature for
which their biometrics are used and how they are being stored and
ultimately destroyed.
Unlike other statutes that only create a right of action if there
is a qualifying data breach, BIPA strictly regulates the manner in
which entities may collect, store, use, and disseminate biometrics
and creates a private right of action for lack of statutory
compliance.
The Plaintiff, like the Illinois legislature, recognizes how
imperative it is to keep biometric information secure. Biometric
information, unlike other personal identifiers such as a social
security number, cannot be changed or replaced if hacked or
stolen.[BN]
Counsel for the Plaintiff and the putative class:
Brandon M. Wise, Esq.
Paul A. Lesko, Esq.
PEIFFER WOLF CARR & KANE, APLC
818 Lafayette Ave., Floor 2
St. Louis, MO 63104
Telephone: 314 833-4825
E-mail: bwise@pwcklegal.com
plesko@pwcklegal.com
DB HEALTHCARE: Ducksworth Sues Over Unpaid Overtime Wages
---------------------------------------------------------
JAWONA DUCKSWORTH and AYO ARASANMI individually and on behalf of
all others similarly situated, Plaintiffs, v. DB HEALTHCARE, INC.,
Defendant, Case No. 1:19-cv-11543 (D. Mass., July 15, 2019) is an
action brought pursuant to the Fair Labor Standards Act of 1938
("FLSA"), and California state law, seeking payment of unpaid
overtime wages. Plaintiffs, on behalf of themselves and other
similarly situated, also seek liquidated damages for the
Defendant's failure to pay overtime wages, as well as attorneys'
fees and costs.
Plaintiffs allege that they and other similarly situated
consultants were knowingly and improperly classified as exempt
employees, and, as a result, did not receive overtime pay for hours
worked in excess of 40 in a workweek.
Plaintiffs worked for Defendant as consultants providing support
and training to Defendant's clients in using a new recordkeeping
system in California, Arizona and Ohio.
DB Healthcare is a Massachusetts corporation which provides
information technology educational services for the healthcare
industry across the United States.[BN]
The Plaintiff is represented by:
Harold L. Lichten, Esq.
Zachary L. Rubin, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston St., Suite 2000
Boston, MA 02116
Phone: (617) 994-5800
Email: hlichten@llrlaw.com
zrubin@llrlaw.com
- and –
David M. Blanchard, Esq.
Frances J. Hollander, Esq.
BLANCHARD & WALKER, PLLC
221 North Main Street, Suite 300
Ann Arbor, MI 48104
Phone: (734) 929.4313
Email: blanchard@bwlawonline.com
hollander@bwlawonline.com
- and -
Shanon J. Carson, Esq.
Sarah R. Schalman-Bergen, Esq.
Alexandra K. Piazza, Esq.
BERGER & MONTAGUE, P.C.
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Phone: (215) 875-3000
Facsimile: (215) 875-4604
Email: scarson@bm.net
sschalman-bergen@bm.net
apiazza@bm.net
DRUNK ELEPHANT: Reid Sues Over Blind-Inaccessible Website
---------------------------------------------------------
VALENTIN REID, on behalf of himself and all others similarly
situated, Plaintiffs, v. DRUNK ELEPHANT, LLC, Defendant, Case No.
1:19-cv-06544 (S.D. N.Y., July 15, 2019) is a civil rights action
against Defendant for its failure to design, construct, maintain,
and operate its website to be fully accessible to and independently
usable by Plaintiff and other blind or visually-impaired people.
The Defendant's denial of full and equal access to its website, and
therefore denial of its goods and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). Because Defendant's website,
www.drunkelephant.com, is not equally accessible to blind and
visually impaired consumers, it violates the ADA. Plaintiff seeks a
permanent injunction to cause a change in Defendant's corporate
policies, practices, and procedures so that Defendant's website
will become and remain accessible to blind and visually-impaired
consumers, says the complaint.
Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
Defendant is a skin care and beauty products retailer that owns and
operates www.drunkelephant.com, offering features which should
allow all consumers to access the goods and services and which
Defendant ensures the delivery of such goods throughout the United
States, including New York State.[BN]
The Plaintiff is represented by:
David Force, Esq.
STEIN SAKS, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500
Fax: (201) 282-6501
Email: dforce@steinsakslegal.com
EAGLE RECOVERY: Has Made Unsolicited Calls, Collier Suit Claims
---------------------------------------------------------------
ESPERANZA COLLIER, individually and on behalf of all others
similarly situated, Plaintiff v. EAGLE RECOVERY ASSOCIATES, INC.,
Defendant, Case No. 3:19-cv-01235-LAB-NLS (S.D. Cal., July 2, 2019)
seeks to stop the Defendants' practice of making unsolicited
calls.
Eagle Recovery Associates Inc. a Delaware corporation located in
the State of Illinois, engaged as a debt collection agency. [BN]
The Plaintiff is represented by:
Yana A. Hart, Esq.
HYDE & SWIGART, APC
2221 Camino Del Rio South, Suite 101
San Diego, CA 92108
Telephone: (619) 233-7770
Facsimile: (619) 297-1022
E-mail: yana@westcoastlitigation.com
- and -
Daniel G. Shay, Esq.
LAW OFFICE OF DANIEL G. SHAY
2221 Camino Del Rio South, Suite 308
San Diego, CA 92108
Telephone: (619) 344-8667
Facsimile: (619) 344-8657
E-mail: danielshay@tcpafdcpa.com
EAST HAMPTON: Nisbett Files Class Suit under Disabilities Act
-------------------------------------------------------------
East Hampton Point Management Corp. is facing a class action
lawsuit filed pursuant to the Americans with Disabilities Act. The
case is styled as Kareem Nisbett, individually and on behalf of all
other persons similarly situated, Plaintiff v. East Hampton Point
Management Corp., Defendant, Case No. 1:19-cv-06913 (S.D. N.Y.,
July 24, 2019).
East Hampton Point Management Corp. is a full service marina with
seasonal dockage, indoor or outdoor winter storage and transient
dockage.[BN]
The Plaintiff is represented by:
Christopher Howard Lowe, Esq.
Lipsky Lowe LLP
420 Lexington Avenue, Suite 1830
New York, NY 10170
Tel: (212) 764-7171
Email: chris@lipskylowe.com
FIDELIS CARE: Rotthoff Hits Misclassification, Seeks Proper Wages
-----------------------------------------------------------------
NECOLE ROTTHOFF, AND ALL OTHERS SIMILARLY SITUATED v. NEW YORK
STATE CATHOLIC HEALTH PLAN, INC. d/b/a FIDELIS CARE NEW YORK,
CENTENE CORPORATION, CENTENE MANAGEMENT COMPANY, LLC, NEW YORK
QUALITY HEALTHCARE CORPORATION f/k/a CENTENE ACQUISITION
CORPORATION, AND CENTENE COMPANY OF NEW YORK, LLC, Case No.
1:19-cv-04027 (E.D.N.Y., July 12, 2019), is brought on behalf of
Care Management Employees, who due to the Defendants'
misclassification scheme, were not paid all earned overtime pay for
time they worked in excess of 40 hours in individual work weeks in
violation of the Fair Labor Standards Act.
Fidelis Care is a New York Corporation with a principal place of
business in Queens County, New York.
Centene Corporation is a Wisconsin Corporation with its principal
place of business located in St. Louis, Missouri. New York Quality
Healthcare Corporation f/k/a Centene Acquisition Corporation ("New
Fidelis") is a subsidiary of Centene Corporation. New Fidelis is a
New York corporation. 43. Defendant CMC is a subsidiary of Centene
Corporation and is a Wisconsin limited liability company.
CCNY is a subsidiary of Defendant Centene Corporation and is a New
York Limited Liability Company. CCNY has its principal place of
business in New York.
The Defendants are health insurance providers that, under the
"Fidelis Care" name, provide health coverage to over 1.7 million
members in New York.[BN]
The Plaintiff is represented by:
Douglas M. Werman, Esq.
Maureen A. Salas, Esq.
WERMAN SALAS P.C.
77 West Washington, Suite 1402
Chicago, IL 60602
Telephone: (312) 419-1008
E-mail: dwerman@flsalaw.com
msalas@flsalaw.com
- and -
Travis M. Hedgpeth, Esq.
THE HEDGPETH LAW FIRM, PC
3050 Post Oak Blvd., Suite 510
Houston, TX 77056
Telephone: (281) 572-0727
Facsimile: (281) 572-0728
E-mail: travis@hedgpethlaw.com
- and -
Jack Siegel, Esq.
SIEGEL LAW GROUP PLLC
2820 McKinnon, Suite 5009
Dallas, TX 75201
Telephone: (214) 790-4454
E-mail: jack@siegellawgroup.biz
- and -
Troy L. Kessler, Esq.
Garrett Kaske, Esq.
SHULMAN KESSLER LLP
534 Broadhollow Road, Suite 275
Melville, NY 11747
Telephone: (631) 499-9100
E-mail: tkessler@shulmankessler.com
gkaske@shulmankessler.com
FINANCIAL RECOVERY: Lipschutz Asserts FDCPA Violation
-----------------------------------------------------
Sarah Lipschutz, individually and on behalf of all others similarly
situated, Plaintiff, v. Financial Recovery Services, Inc.,
Defendant, Case No. 7:19-cv-06592-NSR (S.D. N.Y., July 16, 2019)
seeks to recover for violations of the Fair Debt Collection
Practices Act.
In its efforts to collect an alleged Debt, Defendant contacted
Plaintiff by letter dated October 12, 2018. The Letter buries the
required validation notice within its text. It is structured in
such a way that it discourages Plaintiff from reading his
validation rights. As a result, the Letter would likely discourage
the least sophisticated consumer from exercising his right to
dispute the alleged Debt, says the complaint.
Plaintiff Sarah Lipschutz is a natural person, allegedly obligated
to pay a debt.
Defendant is regularly engaged, for profit, in the collection of
debts allegedly owed by consumers.[BN]
The Plaintiff is represented by:
Craig B. Sanders, Esq.
BARSHAY SANDERS, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (516) 203-7600
Fax: (516) 706-5055
Email: csanders@barshaysanders.com
FORTUNE LIMOUSINES: Underpays Limo Drivers, Cabrera Alleges
-----------------------------------------------------------
ARNULFO CABRERA, individually and on behalf of all others similarly
situated, Plaintiff v. FORTUNE LIMOUSINES INC. d/b/a FORTUNE
LIMOUSINES; and PHILIP SIEGEL, Defendants, Case No. 1:19-cv-03900
(E.D.N.Y., July 6, 2019) is an action against the Defendant's
failure to pay the Plaintiff and the class overtime compensation
for hours worked in excess of 40 hours per week.
The Plaintiff Cabrera was employed by the Defendants as limousine
driver.
Fortune Limousines Inc. d/b/a Fortune Limousines own, operate and
control a Limousine Service at Queens, New York. [BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL PC
42 Broadway, 12th Floor
New York, NY 10004
Telephone: (212) 203-2417
FRATELLI ITALIANI: Restrepo Sues Over Unpaid Overtime Wages
-----------------------------------------------------------
Jose Restrepo, on behalf of himself and others similarly situated,
Plaintiff, v. FRATELLI ITALIANI, LLC, d/b/a DA MARINO RESTAURANT
and KAVITA JAGNARINE, Defendants, Case No. 1:19-cv-06606 (S.D.
N.Y., July 16, 2019) is a case brought under the Fair Labor
Standards Act.
Plaintiff was paid an hourly rate that is lower than the New York
State minimum wage during his employment by Defendants, says the
complaint. Plaintiff typically worked at least 3 dinner shifts and
2 double shifts per week. Thus, in weeks when Plaintiff worked his
typical schedule, he worked at least 44.5 hours. However Defendants
did not pay Plaintiff at all for hours worked in excess of 40 per
week, says the complaint.
Plaintiff Jose Restrepo was employed as a busser at Da Marino from
about March 2018 to about February 2019.
Fratelli Italiani, LLC is a New York Corporation that owns and
operated Da Marino restaurant in New York's Theater District.[BN]
The Plaintiff is represented by:
D. Maimon Kirschenbaum, Esq.
JOSEPH KIRSCHENBAUM LLP
32 Broadway, Suite 601
New York, NY 10004
Phone: (212) 688-5640
Fax: (212) 688-2548
GC SERVICES: Honig Suit Asserts FDCPA Breach
--------------------------------------------
Michoel Honig and Joshua Feldman, individually and on behalf of all
others similarly situated, Plaintiffs, v. GC Services Limited
Partnership, Defendant, Case No. 1:19-cv-04143-RRM-SJB (E.D. N.Y.,
July 17, 2019) seeks to recover for violations of the Fair Debt
Collection Practices Act.
In its efforts to collect an alleged Debt, Defendant contacted
Plaintiffs by letters dated December 4, 2018 and December 5, 2018.
The Plaintiffs' Letters fails to instruct the consumer to which of
the multiple addresses provided written disputes must be sent. As a
result, the least sophisticated consumer would likely be confused
as to which of the multiple addresses they should send their
written dispute. Without clear direction as to where to mail their
written dispute, the least sophisticated consumer would likely not
dispute the debt at all. The Defendant violated the FDCPA as the
multiple addresses overshadow the disclosure of the consumer's
right to dispute the debt provided by the FDCPA, says the
complaint.
Plaintiffs are individuals who are natural persons allegedly
obligated to pay a debt.
Defendant is regularly engaged, for profit, in the collection of
debts allegedly owed by consumers.[BN]
The Plaintiffs are represented by:
Craig B. Sanders, Esq.
BARSHAY SANDERS, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (516) 203-7600
Fax: (516) 706-5055
Email: csanders@barshaysanders.com
GC SERVICES: Musante, et al. Suit Moved to E.D. New York
--------------------------------------------------------
The class action lawsuit captioned as Michael Musante and Paul G.
D'Angelo, on behalf of themselves and all others similarly
situated, the Plaintiff, vs. GC Services Limited Partnership, the
Defendant, Case No. 602518/2019, was removed from the New York
Supreme Court, Suffolk County, to the U.S. District Court for the
Eastern District of New York (Central Islip) on July 3, 2019. The
Eastern District of New York Court Clerk assinged Case No.
2:19-cv-03885-WFK-PK to the proceeding. The suit alleges Consumer
Credit Reporting Act. The case is assigned to the Hon. Judge
William F. Kuntz, II.
GC Services offers a wide array of customer care solutions and
accounts receivable management solutions to both public and private
sector organizations.[BN]
Attorneys for the Plaintiffs are:
Mitchell L. Pashkin, Esq.
775 Park Avenue, Ste. 255
Huntington, NY 11743
Telephone: (631) 335-1107
E-mail: mpash@verizon.net
Attorneys for GC Services Limited Partnership are:
Emily B. Kirsch, Esq.
KIRSCH & NIEHAUS PLLC
150 East 58th Street, 22nd Floor
New York, NY 10155
Telephone: (212) 832-0170
E-mail: emily.kirsch@kirschniehaus.com
GERMAIN ON DAVIS: Teblum Sues over Unsolicited Telemarketing
------------------------------------------------------------
DARYL TEBLUM, individually and on behalf of all others similarly
situated, the Plaintiff, vs. GERMAIN ON DAVIS, LLC d/b/a GERMAIN
HONDA OF NAPLES, the Defendant, Case No. 2:19-cv-00440-UA-UAM (M.D.
Fla., June 27, 2019), alleges that Defendant violated the Telephone
Consumer Protection Act.
According to the complaint, the Defendant owns and/or operates a
car dealership in Naples, Florida, selling new Honda vehicles and
an assortment of used vehicles. The Defendant engages in
unsolicited telemarketing directed towards prospective customers
with no regard for consumers' privacy rights. The Defendant's
telemarketing consists of sending text messages to consumers
soliciting them to purchase its goods and/or services.
The Defendant caused thousands of unsolicited text messages to be
sent to the cellular telephones of Plaintiff and Class Members,
causing them injuries, including invasion of their privacy,
aggravation, annoyance, intrusion on seclusion, trespass, and
conversion.
The Plaintiff seeks injunctive relief to halt the Defendant's
illegal conduct. The Plaintiff also seeks statutory damages and any
other available legal or equitable remedies resulting from the
illegal actions of the Defendant, the lawsuit says.[BN]
Counsel for the Plaintiff and the Class:
Michael Eisenband, Esq.
EISENBAND LAW, P.A.
515 E. Las Olas Boulevard, Suite 120
Ft. Lauderdale, FL 33301
Telephone: 954.533.4092
E-mail: MEisenband@Eisenbandlaw.com
- and -
Ignacio Hiraldo, Esq.
IJH LAW
1200 Brickell Ave. Suite 1950
Miami, FL 33131
Telephone: 786-496-4469
E-mail: IJHiraldo@IJHLaw.com
- and -
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard, Suite 1400
Ft. Lauderdale, FL 33301
E-mail: mhiraldo@hiraldolaw.com
Telephone: 954 400 4713
GLOBAL CREDIT: Prince Suit Asserts FDCPA Violation
--------------------------------------------------
Robin Prince, individually and on behalf of all others similarly
situated, Plaintiff, v. Global Credit & Collection Corp., a
Delaware limited liability company, LVNV Funding, LLC, a Delaware
limited liability Company and Resurgent Capital Services, LP, a
Delaware limited partnership, Defendants, Case No. 1:19-cv-04769
(N.D. Ind., July 16, 2019) is an action under the Fair Debt
Collection Practices Act, for a finding that Defendants' form debt
collection letters violated the FDCPA, and to recover damages for
those violations.
More than six years ago, Ms. Prince fell behind on paying her
bills, including a debt she allegedly owed for a Credit One Bank
credit card. On July 24, 2018, Defendant Global sent Ms. Prince an
initial collection letter demanding payment of this debt. This
collection letter stated that the "Original Creditor" was "Credit
One Bank, N.A.", then stated that the "Current Creditor" was "LVNV
Funding, LLC". The letter then went on to state "Your delinquent
Credit One Bank, N.A. account has been placed with our company for
collections", and later warned that the "current account owner" was
going to credit report the debt. Moreover, Defendants' collection
letter included a second page entitled "PRIVACY NOTICE", which in
addition to LVNV, listed another ten entities as somehow involved
with the debt. The Defendants' letter failed to explain what, if
any, the difference was between the "current" and "original"
creditor, the account "owner" or what the role was of the other ten
entities. Plaintiff is informed through counsel that Defendant LVNV
likely bought the debt at issue after default, and that Defendant
Global was representing only LVNV.
A simple statement that Global represented LVNV or that LVNV had
bought the debt and was the current account owner would have helped
to identify effectively the name of creditor to whom the debt was
then owed. The Defendants' letter, however, failed to state that
Global and the other listed entities could not sue, nor warn that a
payment could restart the statute of limitations. Moreover, by
stating that LVNV "will not" sue, rather than it "cannot" sue,
Defendants implied that LVNV (or one of the many listed entities)
could still sue and that LVNV was simply choosing not to do so.
Moreover, by saying that LVNV would not credit report and then
stating that the 'account owner" may credit report, Defendants'
letter left any recipient of it confused as to what could happen
regarding credit reporting. This gibberish rendered ineffective any
attempt to warn consumers about the statute of limitations for
credit reporting or for lawsuits, says the complaint.
Plaintiff, Robin Prince is a citizen of the State of Alabama, from
whom Defendants attempted to collect a defaulted consumer debt,
which she allegedly owed for a Credit One credit card account.
Global Credit & Collection Corp. is a Delaware corporation that
acts as a debt collector.[BN]
The Plaintiff is represented by:
David J. Philipps, Esq.
Mary E. Philipps, Esq.
Angie K. Robertson, Esq.
Philipps & Philipps, Ltd.
9760 S. Roberts Road, Suite One
Palos Hills, IL 60465
Phone: (708) 974-2900
Fax: (708) 974-2907
Email: davephilipps@aol.com
mephilipps@aol.com
angie@philippslegal.com
- and -
Bradford W. Botes, Esq.
Bond, Botes, Reese & Shinn, P.C.
15 Southlake Lane, Suite 140
Birmingham, AL 35244
Phone: (205) 802-2200
Fax: (205) 870-3698
Email: bbotes@bondnbotes.com
HEALTHCARE SOLUTIONS: Perez Seeks to Stop Illegal Telemarketing
---------------------------------------------------------------
MANUEL PEREZ, individually and on behalf of all others similarly
situated v. HEALTHCARE SOLUTIONS TEAM, LLC, an Illinois Limited
Liability Company, Case No. 1:19-cv-22889-XXXX (S.D. Fla., July 12,
2019), seeks injunctive relief under the Telephone Consumer
Protection Act to halt the Defendant's alleged illegal conduct of
sending telemarketing text message, which has resulted in the
invasion of privacy, harassment, aggravation, and disruption of the
daily life of thousands of individuals.
Healthcare Solutions is an Illinois limited liability company whose
principal office is located in Lombard, Illinois.
The Defendant is an insurance brokerage that sells various types of
insurance to individuals and businesses. To promote its services,
the Defendant engages in unsolicited marketing, harming thousands
of consumers in the process.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
Garrett O. Berg, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 1205
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
gberg@shamisgentile.com
- and -
Scott Edelsberg, Esq.
Jordan D. Utanski, Esq.
EDELSBERG LAW, PA
19495 Biscayne Blvd., #607
Aventura, FL 33180
Telephone: (305) 975-3320
E-mail: scott@edelsberglaw.com
utanski@edelsberglaw.com
HINDEN MCLEAN: Dumas Disputes Collection Letter
-----------------------------------------------
Constance F. Dumas, on behalf of herself and others similarly
situated, Plaintiff, v. Hinden, McLean & Arbeiter, P.A., Defendant,
Case No. 19-cv-61711, (S.D. Fla., July 11, 2019), seeks statutory
and actual damages, reasonable attorneys' fees, costs, and expenses
incurred in this action, including expert fees, prejudgment and
post-judgment interest and other and further relief under the Fair
Debt Collection Practices Act.
On January 14, 2019, Defendant sent a written communication to
Dumas in connection with Dumas' failure to make payments to LSC
Mobile Sales, Inc. under a Manufactured Home Purchase Agreement.
Said letter was allegedly misleading because it presented options
that contained threats of legal action that were unenforceable,
says the complaint. [BN]
Plaintiff is represented by:
Matis H. Aberbanel, Esq.
3201 Griffin Road, Suite 100
Ft. Lauderdale, FL 33312
Tel: (954) 523-4357
Email: matis@fight13.com
- and -
Jesse S. Johnson, Esq.
James L. Davidson, Esq.
GREENWALD DAVIDSON RADBIL PLLC
5550 Glades Road, Suite 500
Boca Raton, FL 33431
Tel: (561) 826-5477
Fax: (561) 961-5684
Email: jdavidson@gdrlawfirm.com
jjohnson@gdrlawfirm.com
I.C. SYSTEMS: Peterson FDCPA Suit Moved to S.D. Florida
-------------------------------------------------------
A class action lawsuit has been filed against I.C. Systems, Inc.
The case is captioned as Stacye Peterson individually and on behalf
of all others similarly situated, the Plaintiff, vs. I.C. Systems,
Inc., the Defendant, Case No. 0:19-cv-61663-RKA (S.D. Fla., July 5,
2019) to the proceeding. The suit alleges violation of the Fair
Debt Collection Practices Act. The case is assigned to the Hon.
Judge Roy K. Altman.
IC Systems is one of the largest collection agencies in the United
States.[BN]
Attorneys for the Plaintiff are:
Thomas John Patti, III, Esq.
Jibrael Jarallah Said Hindi, Esq.
LAW OFFICES OF JIBRAEL S. HINDI
110 S.E. 6th Street, Suite 1700
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
Facsimile: (954) 529-9540
E-mail: tom@jibraellaw.com
jibrael@jibraellaw.com
INTERNATIONAL ASSOCIATION: Breached Duty of Fair Representation
----------------------------------------------------------------
Bobbi Dent, Cherie Morgan and Jeannie Babb, individually and on
behalf of all others similarly situated, Plaintiffs, v.
International Association of Machinists and Aerospace Workers,
AFL-CIO, International Association of Machinists and Aerospace
Workers District 142, and International Association of Machinists
and Aerospace Workers Lodge 2339, Defendant, Case No. 19-cv-03172,
(N.D. Ga., July 11, 2019), seeks damages in an amount equivalent to
lost wages, lost health insurance, lost travel benefits, lost
seniority and lost longevity, costs and disbursements of this
action and such other and further relief.
Defendants are workers' associations of ExpressJet Airlines, Inc.
of which Dent, Morgan and Babb are members. They were employed by
Atlantic Southeast Airlines, Inc. prior to its merger with
ExpressJet Airlines, Inc. on November 12, 2010 and who continued
their employment with the merged carrier through March 1, 2019.
Plaintiffs assert that the Defendants colluded with ExpressJet to
assign the flight attendant positions in the operation of a new
aircraft type solely to the pre-merger ExpressJet flight attendants
to the detriment of the pre-merger ASA flight attendants, in
violation of the duty of fair representation.[BN]
Plaintiff is represented by:
Charles R. Bridgers, Esq.
Kevin D. Fitzpatrick, Jr., Esq.
DELONG CALDWELL BRIDGERS FITZPATRICK & BENJAMIN, LLC
3100 Centennial Tower
101 Marietta Street
Atlanta, GA 30303
Tel: (404) 979-3171
Fax: (404) 979-3170
Email: kevin.fitzpatrick@dcbflegal.com
charlesbridgers@dcbflegal.com
KIWI-TEK LLC: Catoe Hits Misclassification, Seeks Overtime Pay
--------------------------------------------------------------
Darlene Catoe, individually and on behalf of all others similarly
situated, Plaintiff v. Kiwi-Tek, LLC, Defendant, Case No.
19-cv-00485, (E.D. Ark., July 27, 2019) seeks declaratory judgment,
monetary damages, liquidated damages, prejudgment interest, civil
penalties and costs, including reasonable attorney's fees for
failure to pay lawful minimum and overtime wages as required by the
Fair Labor Standards Act and the Arkansas Minimum Wage Act.
Kiwi-Tek employed Catoe as a medical coder who entered data into
Defendant's medical records data system. He regularly worked in
excess of forty hours per weekly pay period without being paid
overtime. Kiwi-Tek labeled its medical coders as "independent
contractors," thus denying them overtime, says the complaint. [BN]
Plaintiff is represented by:
Chris Burks, Esq.
Brandon M. Haubert, Esq.
WH LAW, PLLC
1 Riverfront Pl., Suite 745
North Little Rock, AR 72114
Telephone: (501) 891-6000
Email: chris@whlawoffices.com
brandon@whlawoffices.com
KRONES INC: Paswaters Sues Over Unpaid Overtime Under FLSA
----------------------------------------------------------
DOUGLAS PASWATERS, on behalf of himself and all others similarly
situated v. KRONES, INC., Case No. 2:19-cv-00993-NJ (E.D. Wisc.,
July 12, 2019), is brought pursuant to the Fair Labor Standards Act
of 1938 and Wisconsin's Wage Payment and Collection Laws for
alleged unpaid overtime compensation, liquidated damages, costs,
attorneys' fees, declaratory and/or injunctive relief.
Krones, Inc., is based in Franklin, Wisconsin.
The Defendant manufactures machinery for the beverage and
liquid-food industry. The Defendant owned, operated, and managed a
production facility in the state of Wisconsin, located in
Franklin.[BN]
The Plaintiff is represented by:
James A. Walcheske, Esq.
Scott S. Luzi, Esq.
WALCHESKE & LUZI, LLC
15850 W. Bluemound Rd., Suite 304
Brookfield, WI 53005
Telephone: (262) 780-1953
Facsimile: (262) 565-6469
E-mail: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
LA BODEGUITA DE ROSA: Fails to Pay Overtime, Tejeda Alleges
-----------------------------------------------------------
JHONNY VILLERAL ECHAVARRIA TEJEDA, individually and on behalf of
others similarly situated v. LA BODEGUITA DE ROSA, CORP. (D/B/A LA
BODEGUITA DE ROSA), IGNACIO CASTILLO, HECTOR VELAZQUEZ, JOSE
MEDINA, ANDRES FOURNE, and KALEN DOE, Case No. 1:19-cv-06477
(S.D.N.Y., July 12, 2019), alleges that the Plaintiff worked for
the Defendants in excess of 40 hours per week without appropriate
minimum wage, overtime, and spread of hours compensation for the
hours that he worked, in violation of the Fair Labor Standards
Act.
La Bodeguita de Rosa, Corp. (d/b/a La Bodeguita de Rosa) is a
domestic corporation organized and existing under the laws of the
state of New York. The Individual Defendants serve or served as
owners, managers, principals, or agents of the Defendant
Corporation.
The Defendants own, operate, or control a deli, located at 160 East
174th Street, in Bronx, New York, under the name "La Bodeguita de
Rosa."[BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
E-mail: Michael@Faillacelaw.com
LABORATORY CORPORATION: Ignacio Sues Over Unpaid Wages
------------------------------------------------------
Michael Ignacio, an individual, on behalf of himself, and on behalf
of all persons similarly situated, Plaintiff, v. LABORATORY
CORPORATION OF AMERICA, a Corporation, and Does 1 through 50,
Inclusive, Defendants, Case No. 19STCV21978 (Cal. Super. Ct., Los
Angeles Cty., July 15, 2019) seeks to recover all the compensation
that Defendant is required by law to provide, but failed to
provide, to Plaintiff and the other California Class Members under
California law.
The complaint alleges that Defendant failed to provide all the
legally required off-duty meal and rest breaks to Plaintiff as
required by the applicable Wage Order and Labor Code and failed to
pay Plaintiff all minimum and overtime wages due. The Defendant did
not have a policy or practice which provided timely off-duty meal
and rest breaks to Plaintiff and also failed to compensate
Plaintiff for his missed meal and rest breaks, says the complaint.
Plaintiff was employed by Defendant from May of 2015 to June of
2019.
Defendant offers various clinical laboratory tests.[BN]
The Plaintiff is represented by:
Norman B. Blumenthal, Esq.
Kyle R. Nordrehaug, Esq.
Aparajit Bhowmik, Esq.
JEFFREY C. BLUMENTHAL CHARTERED
2255 Calle Clara
La Jolla, CA 92037
Phone: (858) 551-1223
Fax: (858) 551-1232
Firmsite: www.bamlawca.com
LABORATORY CORPORATION: Wallach Sues over Medical Data Breach
-------------------------------------------------------------
WENDY WALLACH, individually and on behalf of all others similarly
situated, the Plaintiff, vs. LABORATORY CORPORATION OF AMERICA
HOLDINGS, the Defendant, Case No. 7:19-cv-06243 (S.D.N.Y., July 3,
2019), alleges that Defendant failed to safeguard millions of
patients' highly sensitive medical, personal, and financial
information.
According to the complaint, LabCorp is one of the largest medical
testing providers in the country. According to LabCorp's 2018
Annual Report, LabCorp processes approximately "2.5 million patient
specimens each week and has laboratory locations throughout the
U.S." In providing its services, LabCorp collects its customers'
medical, personal, and financial information. Plaintiff, like
millions of other consumers, entrusted their sensitive medical,
personal, and financial information to LabCorp when they retained
LabCorp for diagnostic services.
On June 4, 2019, LabCorp revealed, through its Form 8-K filing with
the Securities and Exchange Commission ("SEC"), that an
unauthorized user had access to AMCA's system that contained
personally identifiably information ("PII") and protected health
information ("PHI") (collectively, "PII and PHI") of nearly 7.7
million of LabCorp's patients. The PII and PHI accessed included,
but was not limited to, Plaintiff's and Class members' personal
information (including addresses, phone numbers, names, and date of
birth), financial information (including credit card numbers and
bank account information), and personal medical information.
LabCorp further revealed that the exposure occurred between August
1, 2018 and March 30, 2019.
LabCorp tells its patients that it is "committed to protection of
your PHI [Protected Health Information] and will make reasonable
efforts to ensure the confidentiality of your PHI, as required by
statute and regulation. Moreover, LabCorp promises that any
"business associates" to which LabCorp may provide its customers'
PII and PHI, are required to maintain the privacy and security of
the data.
Contrary to those promises, and despite the fact that the threat of
a data breach has been a well-known risk to Defendant, especially
due to the valuable and sensitive nature of the data maintained by
Defendant, Defendant failed to take the reasonable steps to
adequately protect the PII and PHI of millions of its patients. The
data breach was a direct result of Defendant's failure to implement
adequate and reasonable cyber-security procedures and protocols
necessary to protect PII and PHI, the lawsuit says.
As a result of Defendant's failure to take reasonable steps to
adequately protect the ultra-sensitive PII and PHI of its millions
of patients, Plaintiff's and Class members' PII and PHI is now in
the hands of thieves. Defendant's failure to implement and follow
basic security procedures has resulted in ongoing harm to Plaintiff
and Class members who will continue to experience data insecurity
for the indefinite future and remain at serious risk of identity
theft and fraud that could result in significant monetary
loss.[BN]
Attorneys for the Plaintiff and Proposed Classes are:
Eduard Korsinsky, Esq.
Rosemary M. Rivas, Esq.
Courtney E. Maccarone, Esq.
LEVI & KORSINSKY, LLP
55 Broadway, 10th Floor
New York, NY 10006
Telephone: (212) 363-7500
E-mail: ek@zlk.com
cmaccarone@zlk.com
rrivas@zlk.com
LAKHANI HOSPITALITY: Illegally Uses Biometric Info, Castillo Says
-----------------------------------------------------------------
SERGIO CASTILLO, individually and on behalf of others similarly
situated v. LAKHANI HOSPITALITY, INC., an Illinois corporation,
Case No. 2019CH08267 (Ill. Cir., Cook Cty., July 12, 2019), alleges
that in violation of the Illinois Biometric Information Privacy
Act, the Defendant is capturing, collecting, disseminating or
otherwise using the biometrics of the Plaintiff and other Class
members, without their informed written consent as required by
law.
Lakhani Hospitality, Inc. is an Illinois corporation that conducts
substantial business and markets its services throughout Illinois,
including in Cook County.
The Defendant owns, operates and manages various business
establishments, including hotels, restaurants, and refueling gas
stations.[BN]
The Plaintiff is represented by:
William P.N. Kingston, Esq.
Jad Sheikali, Esq.
MCGUIRE LAW, P.C.
55 W. Wacker Drive, 9th Floor
Chicago, IL 60601
Telephone: (312) 893-7002
Facsimile: (312) 275-7895
E-mail: wkingston@mcgpc.com
jsheikali@mcgpc.com
LANDMARK THEATRE: Imposes Access Barriers to Disabled, Rena Claims
------------------------------------------------------------------
ANDREA RENA, individually and on behalf of all others similarly
situated, Plaintiff v. LANDMARK THEATRE FOUNDATION, INC.,
Defendant, Case No. 514560/2019 (N.Y. Sup., July 2, 2019) is an
action against the Defendant for failure to design, construct, or
own or operate a Public Facility that is fully accessible to, and
independently usable by, eating-constrained people.
The Plaintiff alleges in the complaint that the Defendant is
denying disabled individuals equal access to the goods and services
that the Defendant provides to its customers at Landmark Theatre,
located at 362 South Salina Street, Syracuse, NY 13202, who do not
have disabilities causing eating constraints.
The Landmark Theatre provides to the public a wide array of the
events, goods, services, and other programs offered by the
Defendant. Yet, the Defendant imposes access barriers that make it
difficult, if not impossible, for customers who are medically
obligated to eat only particular foods to access and enjoy the
public accommodations at the Landmark Theatre. Specifically, the
Landmark Theatre does not allow food in the auditorium, which is an
access barrier preventing disabled people with metabolic disorders
from being able to access the Landmark Theatre, since this group of
people has disabilities that are treated with particular food
items.
Due to the Defendant's imposition of access barriers to the
Landmark Theatre, metabolically-disabled individuals have been and
are being denied equal access to the Landmark Theatre, as well as
to the numerous goods, services, and benefits offered to the public
through the Landmark Theatre.
Landmark Theatre Foundation, Inc. owns and operates a chain of
movie theaters. [BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
LIBERTY BANK: Quirk Suit Challenges Assessing of Overdraft Fees
---------------------------------------------------------------
MARY QUIRK, on behalf of herself and all others similarly situated
v. LIBERTY BANK, Case No. 3:19-cv-01086-WWE (D. Conn., July 12,
2019), arises from the Bank's alleged routine practices of
assessing overdraft fees on transactions that did not actually
overdraw the account.
Liberty is engaged in the business of providing retail banking
services to consumers, including Plaintiff and members of the
putative Classes, which includes the issuance of debit cards for
use by its customers in conjunction with their checking accounts.
Liberty is headquartered in Middletown, Connecticut, and has more
than $5 billion in assets and 55 banking offices throughout the
central, eastern, western and shoreline areas of Connecticut.[BN]
The Plaintiff is represented by:
James E. Miller, Esq.
Laurie Rubinow, Esq.
SHEPHERD, FINKELMAN, MILLER & SHAH, LLP
65 Main Street
Chester, CT 06412
Telephone: (860) 526-1100
Facsimile: (800) 300-7367
E-mail: jmiller@sfmslaw.com
lrubinow@sfmslaw.com
- and -
Jeffrey Kaliel, Esq.
Sophia Gold, Esq.
KALIEL, PLLC
1875 Connecticut Avenue NW, 10th Floor
Washington, DC 20009
Telephone: (202) 350-4783
E-mail: jkaliel@kalielpllc.com
sgold@kalielpllc.com
- and -
Hassan A. Zavareei, Esq.
Andrea Gold, Esq.
TYCKO & ZAVAREEI LLP
1828 L Street NW, Suite 1000
Washington, DC 20036
Telephone: (202) 973-0900
Facsimile: (202) 973-0950
E-mail: hzavareei@tzlegal.com
agold@tzlegal.com
- and -
Jeff Ostrow, Esq.
Jonathan M. Streisfeld, Esq.
KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT
One West Las Olas Boulevard, Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
Facsimile: (954) 525-4300
E-mail: ostrow@kolawyers.com
streisfeld@kolawyers.com
LMAK PROJECTS: Picon Asserts Breach of Disabilities Act
-------------------------------------------------------
LMAK Projects Inc. is facing a class action lawsuit filed pursuant
to the Americans with Disabilities Act. The case is styled as
Yelitza Picon and on behalf of all other persons similarly
situated, Plaintiff v. LMAK Projects Inc., Defendant, Case No.
1:19-cv-06907 (S.D. N.Y., July 24, 2019).
Lmak Projects is a privately held company in New York, NY.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Tel: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
LOCO FOOD: Phan Sues Over Illegal Tip Pool
------------------------------------------
DARLENE PHAN, individually, and on behalf of all others similarly
situated, Plaintiff, v. LOCO FOOD, LLC, d/b/a FAT RICE, ADRIENNE
LO, and ABE CONLON, Defendants, Case No. 1:19-cv-04796 (N.D. Ill.,
July 17, 2019) is an action seeking to redress Defendants'
violations of the Fair Labor Standards Act ("FLSA"), and the
Illinois Minimum Wage Law ("IMWL"), on behalf of Plaintiff and
others who currently or formerly worked as hourly paid, non-exempt
servers, server assistants, bartenders and hosts performing similar
responsibilities for the Defendants in Illinois at any time during
the three years immediately preceding the filing of this
complaint.
In addition to servers, server assistants, bartenders and hosts,
Defendants categorize certain employees as "Flex" employees.
Notwithstanding their classification, Defendants' "Flex" employees
are managers who supervise, control and direct the work of
Plaintiff and other servers, server assistants, bartenders and
hosts, and oversee restaurant operations.
The complaint asserts that Defendants violated the tip credit
provisions of the FLSA and IMWL by requiring their servers, server
assistants, bartenders and hosts to participate in a mandatory,
involuntary and invalid tip pool which was operated and controlled
by management. Under Defendants' tip pool, servers, server
assistants, bartenders and hosts are required to pool all cash and
credited tips received into a tip pool. Management would then
allocate these tips based on position and hours worked, and
distribute tips to certain groups of employees, including "Flex"
employees.
The Defendants routinely distributed tips to "Flex" employees from
the tip pool, notwithstanding that these employees were not "tipped
employees" as defined by the FLSA and IMWL, notes the complaint. In
fact, most "Flex" employees performed managerial duties exclusively
during "Flex" shifts, were the only manager on duty for the
duration of these "Flex" shifts, and their primary responsibilities
were the management of the staff and restaurant. Accordingly, they
did not qualify as employees who customarily and regularly received
tips. As a result of Defendants' improper use of the tip credit
provisions of the FLSA and IMWL, Defendants paid regular
compensation to the Representative Plaintiff and the persons she
represents based on an incorrectly low regular rate of pay, says
the complaint.
Plaintiff Phan worked as an hourly-paid, non-exempt server for
Defendants at their restaurant.
Fat Rice is a limited liability company existing under the laws of
the state of Illinois, with its principal place of business located
in Chicago, Illinois.[BN]
The Plaintiffs are represented by:
James B. Zouras, Esq.
Ryan F. Stephan, Esq.
Catherine T. Mitchell, Esq.
STEPHAN ZOURAS, LLP
100 N. Riverside Plaza, Suite 2150
Chicago, IL 60606
Phone: (312) 233-1550
Fax: (312) 233-1560
Email: jzouras@stephanzouras.com
rstephan@stephanzouras.com
cmitchell@stephanzouras.com
LUMICO LIFE: Faces Shelton Class Suit Alleging TCPA Violation
-------------------------------------------------------------
JAMES EVERETT SHELTON, individually and on behalf of all others
similarly situated v. LUMICO LIFE INSURANCE COMPANY, and ASSURANCE
IQ, INC., Case No. 7:19-cv-06494 (S.D.N.Y., July 12, 2019), arises
from a telemarketing campaign by the Defendants to market their
services in violation of the Telephone Consumer Protection Act.
Lumico Life Insurance Company is a Missouri corporation with its
principal place of business located in Armonk, New York. Lumico is
an insurance company offering a series of insurance products
including life insurance.
Assurance IQ, Inc. is a Washington corporation with its principal
place of business in Bellevue, Washington. Lumico's telemarketing
is done directly and through reliance on third party vendor
relationships, like the one it maintains with Assurance.[BN]
The Plaintiff is represented by:
Keith J. Keogh, 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
MACUILS TIRE: Underpays Auto Mechanics, Beasley Suit Alleges
------------------------------------------------------------
ANTONIO BEASLEY, individually and on behalf of all others similarly
situated, Plaintiff v. MACUILS TIRE AND SERVICE CENTER, LLC; and
SERGIO MACUIL, Defendants, Case No. 4:19-cv-00471-JM (E.D. Ark.,
June 3, 2019) is an action against the Defendant's failure to pay
the Plaintiff and the class overtime compensation for hours worked
in excess of 40 hours per week.
The Plaintiff Beasley was employed by the Defendants as auto
mechanic.
Macuils Tire And Service Center, LLC owns and operates auto tire
and service shops. [BN]
The Plaintiff is represented by:
Sean Short, Esq.
Josh Sanford, Esq.
SANFORD LAW FIRM, PLLC
One Financial Center
650 S. Shackleford Road, Suite 411
Little Rock, AK 72211
Telephone: (501) 221-0088
Facsimile: (888) 787-2040
E-mail: sean@sanfordlawfirm.com
josh@ sanfordlawfirm.com
MALLINCKRODT ARD: Steamfitters Union Brings RICO Class Action
-------------------------------------------------------------
STEAMFITTERS LOCAL UNION NO. 420, individually and on behalf of all
others similarly situated v. MALLINCKRODT ARD, LLC, f/k/a
Mallinckrodt ARD, Inc.; f/k/a Questcor Pharmaceuticals, Inc.;
UNITED BIOSOURCE CORPORATION, now known as UNITED BIOSOURCE LLC, a
wholly owned subsidiary of UNITED BIOSOURCE HOLDINGS, INC., Case
No. 2:19-cv-03047-BMS (E.D. Pa., July 12, 2019), challenges the
alleged unjust, unfair and deceptive marketing and sales scheme and
conspiracy by the Defendants.
Mallinckrodt manufactures, markets, distributes and sells H.P.
Acthar Gel, NDC Nos. 63004-8710-01 and 63004-7731-01 ("Acthar").
Acthar is the only therapeutic ACTH product sold in the United
States. Mallinckrodt is the sole provider of Acthar in the U.S.
Acthar is a "specialty pharmaceutical." Unlike most prescription
drugs, it is not sold in retail pharmacies, nor is it distributed
through wholesalers to retail pharmacies. Instead, it is
distributed only through "specialty pharmacy distributors" ("SPDs")
and "specialty pharmacy providers" ("SPPs").
The complaint says Local 420 brings no overlapping claims against
Mallinckrodt or UBC in this lawsuit for any alleged antitrust
violations. Instead, it sues on behalf of itself and all similarly
situated third-party payors ("TPPs") of Acthar for consumer fraud,
Racketeer Influenced and Corrupt Organizations Act violations and
other common law claims arising out of the unique distribution,
pricing, marketing and sales schemes relating to Acthar.
Mallinckrodt ARD LLC has its principal place of business in
Bedminster, New Jersey. Mallinckrodt is an indirect wholly-owned
subsidiary of Mallinckrodt plc, an Irish public limited company,
with its corporate headquarters in Staines-upon-Thames, United
Kingdom.
United BioSource Corporation n/k/a United BioSource LLC ("UBC") is
a Delaware corporation with its corporate headquarters located in
Blue Bell, Pennsylvania. UBC is a wholly owned subsidiary of
United BioSource Holdings, Inc., the interests of which are held by
and through various privately held intermediary entities, which are
ultimately owned by private investment funds sponsored by and/or
affiliated with Avista Capital Partners and as-yet-unknown
individuals associated with Avista Capital Partners.
UBC operates as the Mallinckrodt's "HUB" of operations for Acthar
distribution and payment, coordinating all aspects of the scheme
and conspiracy, from the initial identification of patients,
insurance and payment verification, through to payment by TPPs,
like Local 420 and the Class.[BN]
The Plaintiff is represented by:
Donald E. Haviland, Jr., Esq.
William H. Platt II, Esq.
HAVILAND HUGHES
201 South Maple Way, Suite 110
Ambler, PA 19002
Telephone: (215) 609-4661
Facsimile: (215) 392-4400
E-mail: haviland@havilandhughes.com
platt@havilandhughes.com
MARGARET THATCHER PROJECTS: Picon Files ADA Class Suit in New York
------------------------------------------------------------------
Margaret Thatcher Projects, Inc. is facing a class action lawsuit
filed pursuant to the Americans with Disabilities Act. The case is
styled as Yelitza Picon and on behalf of all other persons
similarly situated, Plaintiff v. Margaret Thatcher Projects, Inc.,
Defendant, Case No. 1:19-cv-06906 (S.D. N.Y., July 24, 2019).
Margaret Thatcher Projects, Inc. is a Contemporary Art gallery
based in New York City.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Tel: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
MCDERMOTT INTERNATIONAL: Farabaugh Sues Over Unpaid Overtime Wages
------------------------------------------------------------------
JOHN FARABAUGH and OLOWAN JOHNSON, Individually and for Others
Similarly Situated, Plaintiffs, v. MCDERMOTT INTERNATIONAL, INC.,
Defendant, Case No. 4:19-cv-02570 (S.D. Tex., July 17, 2019) is a
collective action seeking to recover unpaid overtime and other
damages.
The Defendant McDermott International, Inc. has failed to pay
Plaintiffs, and other workers like them, overtime as required by
the Fair Labor Standards Act ("FLSA"). Instead, McDermott pays them
the same hourly rate for all hours worked, including those in
excess of 40 in a workweek, says the complaint.
Plaintiffs worked for McDermott as Senior Material Management
Specialist 2 and as Lead Schedule Planner from approximately April
2015 until March 2019.
McDermott is "a premier, global upstream and downstream
engineering, procurement, construction and installation company"
that serves the following markets: upstream oil and gas, liquefied
natural gas, refining and petrochemicals, power, industrial
storage, and waste and wastewater.[BN]
The Plaintiffs are represented by:
Michael A. Josephson, Esq.
Andrew Dunlap, Esq.
Taylor A. Jones, Esq.
JOSEPHSON DUNLAP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: 713-352-1100
Facsimile: 713-352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
tjones@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Phone: (713) 877-8788
Facsimile: (713) 877-8065
Email: dmoulton@brucknerburch.com
MCKENZIE FINE: Picon Alleges Violation under ADA
------------------------------------------------
McKenzie Fine Art, Inc. is facing a class action lawsuit filed
pursuant to the Americans with Disabilities Act. The case is styled
as Yelitza Picon and on behalf of all other persons similarly
situated, Plaintiff v. McKenzie Fine Art, Inc., Defendant, Case No.
1:19-cv-06893 (S.D. N.Y., July 24, 2019).
McKenzie Fine Art, Inc. is an art gallery in New York City, New
York.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Tel: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
MDL 2493: Bank et al.'s TCPA Suit Transferred to E.D.N.Y.
----------------------------------------------------------
The class action lawsuit styled as Todd C. Bank, Jason Bennett, and
Scott Dolemba, individually and on behalf of all others similarly
situated, the Plaintiff, vs. Versatile Marketing Solutions, Inc.,
doing business as: VMS Alarms, the Defendant, and LaVincent Nealy
and Catherine Smith, the Objectors, Case No. 1:13-md-02493, was
transferred from the U.S. District Court for the Northern District
of West Virginia to the U.S. District Court for the Eastern
District of New York (MDL 2493) on July 15, 2019. The Eastern
District of New York Court Clerk assigned Case No.
1:19-cv-04070-RRM-LB to the proceeding. The case is assigned to the
Hon. Judge Roslynn R. Mauskopf. The suit alleges violation of the
Telephone Consumer Protection Act of 1991.[BN]
The Plaintiffs appear pro se.
Attorneys for the Alliance Security Inc.:
John R. Teare, Jr.
SPILMAN THOMAS & BATTLE PLLC
300 Kanawha Blvd E
P.O. Box 273
Charleston, WV 25321-0273
Telephone: (304) 340-3800
Facsimile: (304) 340-3801
E-mail: jteare@spilmanlaw.com
Attorneys for the Objectors are:
Courtland Wayne Creekmore, Esq.
LAW OFFICE OF COURTLAND CREEKMORE
4832 N. Fairfax Drive #5
Arlington, VA 22203
Telephone: (415) 528-8995
E-mail: courtland.creekmore@gmail.com
- and -
Salene Rae Mazur Kraemer, Esq.
MAZURKRAEMER BUSINESS LAW
331 Jonquil Place
Pittsburgh, PA 15228
Telephone: (412) 427-7075
Facsimile: (412) 202-0056
E-mail: salene@mazurkraemer.com
- and -
Charles Benjamin Nutley, Esq.
C. BENJAMIN NUTLEY, ATTORNEY AT LAW
1055 E. Colorado Blvd., 5th Floor
Pasadena, CA 91106
Telephone: (310) 654-3365
E-mail: nutley@zenlaw.com
- and -
John W. Davis, Esq.
LAW OFFICE OF JOHN W. DAVIS
501 W Broadway, Suite 800
San Diego, CA 92101
Telephone: (619) 400-4870
Facsimile: (619) 342-7170
E-mail: john@johnwdavis.com
MRC GLOBAL: Removes Castellon Suit to E.D. of California
--------------------------------------------------------
The Defendants in the case of LOUIS CASTELLON, individually and on
behalf of all other similarly situated, Plaintiff v. MRC GLOBAL US
INC.; and DOES 1 through100, inclusive, Defendants, filed a notice
to remove the lawsuit from the Superior Court of the State of
California, County of Kern (Case No. BCV-19-101162) to the U.S.
District Court for the Eastern District of California on July 5,
2019. The clerk of court for the Eastern District of California
assigned Case No. 1:19-at-00491.
MRC Global (US) Inc. manufactures and distributes fabricated metal
products. The Company offers carbon steel pipes, valves and
fittings, oil country tabular goods, gas products, and other
specialty products to the energy and industrial markets. [BN]
The Plaintiff is represented by:
Johnnie A. James, Esq.
Ryan H. Crosner, Esq.
Mazen I. Khatib, Esq.
Alexander M. Chemers, Esq.
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Telephone: (213) 239-9800
Facsimile: (213) 239-9045
E-mail: johnnie.james@ogletree.com
ryan.crosner@ogletree.com
mazen.khatib@ogletree.com
NEW BEGINNINGS: Kavlakian Sues Over Unsolicited Marketing
---------------------------------------------------------
CAROLINE KAVLAKIAN, individually and on behalf of all others
similarly situated, Plaintiff, v. NEW BEGINNINGS MEDICAL, LLC, a
Florida Limited Liability Company, Defendant, Case No.
9:19-cv-80946-RLR (S.D. Fla., July 15, 2019) seeks to secure
redress for violations of the Telephone Consumer Protection Act
("TCPA").
To promote its services, Defendant engages in unsolicited
marketing, harming thousands of consumers in the process. Through
this action, Plaintiff seeks injunctive relief to halt Defendant's
illegal conduct, which has resulted in the invasion of privacy,
harassment, aggravation, and disruption of the daily life of
thousands of individuals. Plaintiff also seeks statutory damages on
behalf of herself and members of the class, and any other available
legal or equitable remedies.
Plaintiff is a natural person who was a resident of Palm Beach
County, Florida.
Defendant is a medical spa that specializes in weight loss programs
for individuals.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
Garrett O. Berg, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Ave., Suite 1205
Miami, FL 33132
Phone (305) 479-2299
Facsimile (786) 623-0915
Email: ashamis@shamisgentile.com
gberg@shamisgentile.com
- and -
Scott Edelsberg, Esq.
Jordan D. Utanski, Esq.
EDELSBERG LAW, PA
19495 Biscayne Blvd. #607
Aventura, FL 33180
Phone: (305) 975-3320
Email: scott@edelsberglaw.com
utanski@edelsberglaw.com
OASIS HOSPITALITY: Vasquez Sues Over Unpaid Overtime Under FLSA
---------------------------------------------------------------
ANA VICTORIA TALO VASQUEZ, individually and on behalf of others
similarly situated v. OASIS HOSPITALITY INC. (D/B/A OASIS MOTEL),
BHARAT GANDHI, BOB GANDHI, SONY DOE, EMILY DOE, and MARY DOE, Case
No. 1:19-cv-06503 (S.D.N.Y., July 12, 2019), arises from alleged
violation of the Fair Labor Standards Act and New York Labor Law in
connection with the Defendants' failure to pay appropriate overtime
compensation.
Oasis Hospitality Inc. (d/b/a Oasis Motel) is a domestic
corporation organized and existing under the laws of the state of
New York. The Individual Defendants possess operational control
over and ownership interests in the Defendant Corporation.
The Defendants owned, operated, or controlled a motel, located at
3801 Boston Rd., in Bronx, New York, under the name "Oasis
Motel."[BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
E-mail: Michael@Faillacelaw.com
OGEECHEE AREA: Martin Sues Over Unpaid Overtime Wages
-----------------------------------------------------
DAWN MARTIN, individually, on behalf of all others similarly
situated, Plaintiff, v. Ogeechee Area Hospice, Inc. Defendant, Case
No. 6:19-cv-00064-JRH-CLR (S.D. Ga., July 16, 2019) is an action
against Defendant for failing to pay its non-exempt employees all
of their overtime pay as required by the Fair Labor Standards Act.
The Defendant suffered and permitted Plaintiff and other similarly
situated nurses to work for more than 40 hours per workweek. The
Defendant had a policy of not paying Plaintiff and the other
similarly situated nurses at a rate of one and one-half time their
regular rate of pay for the overtime hours they worked as required
by the FLSA. The Defendant willfully operated to deprive Plaintiff
and the other similarly situated nurses of proper overtime
compensation by paying them less than what is required under
federal law, says the complaint.
Plaintiff is a registered nurse and was an employee of Defendant
employed from approximately May 2018 to January 2019.
OAH provides not-for-profit hospice services at the Inpatient
Center in Bulloch County.[BN]
The Plaintiff is represented by:
Elizabeth C. Blair, Esq.
CARLISLE LEGAL SERVICES
3500 Fort McAllister Road
Richmond Hill, GA 31324
Phone & Fax: 912-226-6664
Email: carlislelegalservices@gmail.com
PAUL FREDRICK: Faces Traynor Suit in Southern District of New York
------------------------------------------------------------------
A class action lawsuit has been filed against Paul Fredrick
Menstyle, LLC. The case is captioned as Yaseen Traynor also known
as: Yaseen Traylor on behalf of himself and all others similarly
situated, the Plaintiff, vs. Paul Fredrick Menstyle, LLC, the
Defendant, Case No. 1:19-cv-06216-ALC (S.D.N.Y., July 3, 2019). The
suit alleges violation of the Americans with Disabilities Act. The
case is assigned to the Hon. Judge Andrew L. Carter, Jr.
Paul Fredrick Menstyle, LLC designs and sells men's clothing. The
Company offers dress shirts, ties, trousers, sports coats, sport
shirts, and formal wear, as well as shoes, boxers, and accessories.
Paul Fredrick Menstyle serves customers worldwide.[BN]
Attorneys for the Plaintiff are:
David Paul Force, Esq.
STEIN SAKS, PLLC
285 Passaic Street
Hackensack, NJ 07601
Telephone: (201) 282-6500
E-mail: dforce@steinsakslegal.com
PM LAW FIRM: Garcia Seeks to Recover Damages, Fees and Costs
------------------------------------------------------------
NYDIA GARCIA, on behalf of herself and all other similarly situated
individuals, Plaintiff v. PM LAW FIRM, PLLC, Defendant, Case No.
4:19-cv-02573 (S.D. Tex., July 17, 2019) is an action brought
pursuant to the Fair Labor Standards Act by Plaintiff who seeks to
recover damages, attorneys' fees and costs.
The Defendant would pay its employees by check through a
third-party payroll service. Often times the employees' timesheets
would show hours worked over 40 hours yet the paystubs would show
no overtime hours. Plaintiff worked a significant number of hours,
including overtime hours. So did Members of the Class. Yet, the
Defendants did not pay Plaintiff or other employees overtime for
all hours over 40 worked in a workweek, says the complaint.
Defendant is a personal injury law firm. Plaintiff worked for
Defendant as an assistant.[BN]
The Plaintiff is represented by:
Clayton D. Craighead, Esq.
THE CRAIGHEAD LAW FIRM, PLLC
440 Louisiana, Suite 900
Houston, TX 77002
Phone: (832) 798-1184
Facsimile: (832) 553-7261
Email: clayton.craighead@thetxlawfirm.com
POWERHOUSE TNT: Fails to Pay Minimum, Overtime Wages, Conrad Says
-----------------------------------------------------------------
Nicole Conrad, individually and on behalf of all other persons
similarly situated, Plaintiffs, v. Powerhouse TNT Gymnastics, Inc.,
David Brambila and Jill Oxford, Defendants, Case No. 19-cv-00810
(W.D. Tex., July 11, 2019), seeks declaratory judgment, monetary
damages, liquidated damages, prejudgment interest, civil penalties
and costs, including reasonable attorney's fees for failure to pay
lawful minimum and overtime wages as required by the Fair Labor
Standards Act.
Conrad worked as a cheer team coach for Powerhouse from
approximately April of 2017 until March of 2019. She regularly
worked in excess of 40 hours per week without receiving all the
compensation she was due, asserts the complaint. [BN]
Plaintiff is represented by:
Robert W. Cowan, Esq.
Katie R. McGregor, Esq.
BAILEY COWAN HECKAMAN PLLC
5555 San Felipe St., Suite 900
Houston, TX 77056
Phone: (713) 425-7100
Fax: (713) 425-7101
Email: rcowan@bchlaw.com
kmcgregor@bchlaw.com
PRIMECARE MEDICAL: Moore Seeks Overtime Wages for Therapists
------------------------------------------------------------
KATHLEEN MOORE, Individually and on Behalf of All Other Persons
Similarly Situated, the Plaintiff, vs. PRIMECARE MEDICAL, INC.,
Defendant, Case No. 3:19-cv-00106-KRG (W.D. Pa., July 3, 2019),
seeks unpaid overtime wages for hours worked in excess of 40 and
liquidated damages pursuant to the Fair Labor Standards Act of
1938, and the Pennsylvania Minimum Wage Act.
The Plaintiff and all current and former therapists which includes
other employees classified as exempt and holding comparable
positions with different titles employed by the Defendant,
excluding physicians, in any facility utilizing PrimeCare's
services in the United States, worked more than 40 hours in any
workweek at any facility and were not paid overtime wages.
PrimeCare provides medical, dental & psychiatric professionals who
are trained, qualified and experienced in correctional healthcare,
who are further supported by equally qualified mid-level
practitioners.[BN]
Counsel for the Plaintiff are:
D. Aaron Rihn, Esq.
Sara J. Watkins, Esq.
ROBERT PEIRCE & ASSOCIATES, P.C.
707 Grant Street, Suite 125
Pittsburgh, PA 15219-1918
Telephone: 412-281-7229
E-mail: arihn@peircelaw.com
- and -
Nicholas A. Migliaccio, Esq.
Jason S. Rathod, Esq.
Erick J. Quezada, Esq.
MIGLIACCIO & RATHOD LLP
412 H Street N.E., Suite 302
Washington, DC 20002
Telephone: 202-470-3520
E-mail: nmigliaccio@classlawdc.com
jrathod@classlawdc.com
equezada@classlawdc.com
PROCTER & GAMBLE: $650,000 Settlement in Marsh Suit Wins Final OK
-----------------------------------------------------------------
In the class action lawsuit styled as Cassidy Marsh, the Plaintiff,
v. The Procter & Gamble Paper Products Co., et al., the Defendants,
Case No. 2:18-cv-04944-R-E (C.D. Cal.), the Hon. Judge R. Gary
Klausner entered an order:
1. granting Plaintiff's motion to certify class for settlement
purposes only and motion for final approval of class action
settlement;
2. confirming certification of the classes for settlement
purposes pursuant to Federal Rule of Civil Procedure 23;
3. finally approving the Settlement as fair, reasonable, and
adequate;
4. appointing David Spivak of The Spivak Law Firm and Walter
Haines of the United Employees Law Group as class counsel;
5. appointing the Plaintiff as class representative;
6. granting an award of attorneys' fees totaling $162,500 to
class counsel;
7. granting costs award of $9,992.44 to class counsel;
8. approving service award of $15,000 to Plaintiff;
9. approving settlement administration costs of $7,000 to
Simpluris, Inc.; and
10. approving a $20,000 allocation to PAGA claims for civil
penalties, of which $15,000 will be paid to the LWDA and
$5,000 of which will be included within the net
distribution fund to be made available for distribution to
class members.
The total settlement amount is $650,000, and the average individual
settlement payment to participating class members is estimated to
be $958.66. Given the risk and expense to both sides of further
litigation, this amount appears to provide meaningful relief to the
class. The fairness of this amount is further supported by the fact
that no class members have objected to the Settlement, and only
three requested exclusion from the class. Finally, class counsel is
competent and experienced in the field of wage and hour litigation.
There is no reason to suspect that class counsel or Plaintiff have
acted against the interests of the class now or at any stage in the
litigation, the Court said.[CC]
PROGRESSIVE CASUALTY: Fails to Pay Proper Wages, Bilog Alleges
--------------------------------------------------------------
LACRISHA BILOG, individually and on behalf of all others similarly
situated, Plaintiff v. PROGRESSIVE CASUALTY INSURANCE COMPANY; and
DOES 1-100, inclusive, Defendants, Case No. 2:19-cv-01236-MCE-CKD
(E.D. Cal., July 3, 2019) is an action against the Defendants for
failure to pay minimum wages, overtime compensation, authorize and
permit meal and rest periods, provide accurate wage statements, and
reimburse necessary business expenses.
The Plaintiff Bilog was employed by the Defendants as a non-exempt
employee.
Progressive Casualty Insurance Co is an insurance company. The
Company provides personal, automobile, homeowner, boat, renters,
business, life, and health insurance services. [BN]
The Plaintiff is represented by:
Robert J. Wasserman, Esq.
William J. Gorham, Esq.
Nicholas J. Scardigli, Esq.
Vladimir J. Kozina, Esq.
MAYALL HURLEY P.C.
2453 Grand Canal Boulevard
Stockton, CA 95207-8253
Telephone: (209) 477-3833
Facsimile: (209) 473-4818
E-mail: rwasserman@mayallaw.com
wgorham@mayallaw.com
nscardigli@mayallaw.com
vjkozina@mayallaw.com
PROPAK LOGISTICS: Removes Baker Suit to C.D. California
-------------------------------------------------------
The Defendant in the case of TRAVIN BAKER, individually and on
behalf of all others similarly situated, Plaintiff v. PROPAK
LOGISTICS, INC.; and DOES 1 through 100, inclusive, filed a notice
to remove the lawsuit from the Superior Court of the State of
California, County of San Bernardino (Case No. CIVDS1912809) to the
U.S. District Court for the Central District of California on July
3, 2019. The clerk of court for the Central District of California
assigned Case No. 5:19-cv-01241. The case is assigned to Jesus G
Bernal and referred to Shashi H Kewalramani.
Propak Logistics, Inc. provides supply chain solutions. The Company
offers warehousing, pallet sales and management, and transportation
and freight forwarding services. [BN]
The Plaintiff is represented by:
Edwin Aiwazian, Esq.
LAWYERS FOR JUSTICE,PC
410 West Arden Avenue, Suite 203
Glendale, CA 91203
Telephone: (818) 265-1020
Facsimile: (818) 265-1021
R.Y. MANAGEMENT: Olsen ADA Suit Moved to S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against R.Y. Management Co.
Inc. The case is captioned as Thomas J. Olsen Individually and on
behalf of all other persons similarly situated, the Plaintiff, vs.
R.Y. Management Co. Inc. doing business as: South Cove Plaza, the
Defendant, Case No. 1:19-cv-06261-RA (S.D.N.Y., July 5, 2019). The
suit alleges violation of the Americans with Disabilities Act. The
case is assigned to the Hon. Judge Ronnie Abrams.
RY Management is one of the premier property management companies
in the New York metropolitan region.[BN]
Attorneys for the Plaintiff are:
Douglas Brian Lipsky, Esq.
LIPSKY LOWE LLP
630 Third Avenue Fifth Floor
New York, NY 10017
Telephone: (212) 392-4772
Facsimile: (212) 444-1030
E-mail: doug@lipskylowe.com
ROBERT MANN: Picon Alleges Violation under Disabilities Act
-----------------------------------------------------------
Robert Mann Gallery, Inc. is facing a class action lawsuit filed
pursuant to the Americans with Disabilities Act. The case is styled
as Yelitza Picon and on behalf of all other persons similarly
situated, Plaintiff v. Robert Mann Gallery, Inc., Defendant, Case
No. 1:19-cv-06902 (S.D. N.Y., July 24, 2019).
Robert Mann Gallery showcases rotating photography exhibits,
including portraits & landscapes.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Tel: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
ROYAL ADMINISTRATION: Papia Sues Over TCPA Violation
----------------------------------------------------
JOSEPH PAPIA, Individually and on Behalf of All Others Similarly
Situated, Plaintiff, v. ROYAL ADMINISTRATION SERVICES, INC.
Defendant, Case No. 3:19-cv-00582 (W.D. Wis., July 17, 2019) is an
action against Defendant for violations of the Telephone Consumer
Protection Act of 1991.
The Defendant Royal impermissibly called plaintiff's cell phone
without his prior express consent using an automatic telephone
dialing service and/or an artificial or prerecorded voice, in
violation of the TCPA, says the complaint.
Plaintiff Joseph Papia is an individual who resides in Waukesha
County, Wisconsin.
Royal Administration Services, Inc. is in the business of selling
extended warranty services to consumers.[BN]
The Plaintiff is represented by:
Robert O'Reilly, Esq.
Mark A. Eldridge, Esq.
Jesse Fruchter, Esq.
Ben J. Slatky, Esq.
ADEMI & O'REILLY, LLP
3620 East Layton Avenue
Cudahy, WI 53110
Phone: 414-482-8000
Fax: 414-482-8001
Email: roreilly@ademilaw.com
meldridge@ademilaw.com
jfruchter@ademilaw.com
bslatky@ademilaw.com
SAN FRANCISCO, CA: FLSA Collective Action Wins Certification
------------------------------------------------------------
In the class action lawsuit styled as TATYANA LITVINOVA, the
Plaintiff, vs. THE CITY AND COUNTY OF SAN FRANCISCO, the Defendant,
Case No. 3:18-cv-01494-RS (N.D. Cal.), the Hon. Judge Richard
Seeborg entered an order:
1. granting Plaintiff's motion conditionally to certify a Fair
Labor Standard act collective action;
2. directing the City to produce a class list to Litvinova's
counsel by July 15 25, 2019; and
3. directing the parties to meet and confer regarding the
content of the proposed notice and how notice will be
effectuated within the next 30 days. Once completed, the
parties are to submit either a stipulation on how notice
shall proceed with a proposed notice attached, or a joint
statement identifying the remaining disputed issues that
require judicial intervention.
The Court said, "The City argues that Litvinova improperly requests
that the City produce confidential information directly to her
attorneys and, at a minimum, her attorneys must meet and confer
with the City's counsel regarding the contents of the notice. The
prior order noted that confidentiality issues would have to be
resolved either through a stipulated protective order specifying
that potential opt-in members' information is to be used and
distributed only for effecting notice of this litigation, or
through agreement of the parties to have any contact information
provided only to an agreed upon third party administrator. That has
not changed and such technical objection by the City is no basis to
dismiss Litvinova's renewed certification motion with prejudice. As
to requiring the parties to meet and confer regarding the contents
of the notice, not only has that been identified as the appropriate
course of action to resolve the parties' dispute, but Litvinova
represents in her Reply that her counsel will be reaching out to
the City's counsel to attempt to resolve the confidentiality
concerns and technical issues the City has raised in its
opposition."[CC]
SAN FRANCISCO, CA: Lam May File Writ of Certiorari on September 1
-----------------------------------------------------------------
Justice Elena Kagan extended until September 1, 2019, the time to
file a petition for a writ of certiorari in the matter styled
Alfred Lam, et al. v. City and County of San Francisco, California,
et al., Case No. 19A6, in the Supreme Court of United States.
Alfred Lam, on Behalf of Himself and of Asian Pacific American
Employees and Representative of the Class of the Same or Similarly
Situated CCSF Employees, et al., on June 28, 2019, sought review by
the Supreme Court of United States from the decision of the U.S.
Court of Appeals for the Ninth Circuit in his class action lawsuit
against San Francisco.
In the Ninth Circuit case, titled ALFRED LAM; PAULA LEIATO,
Plaintiffs-Appellants v. CITY AND COUNTY OF SAN FRANCISCO, et al.,
Defendants-Appellees, Case No. 17-15208, Lam and Paula Leiato
appeal pro se from the district court's summary judgment in their
action alleging employment discrimination; from the district
court's award of costs to the defendants; and from the district
court's denial of their motion to reconsider a prior summary
judgment. In a March 2019 decision, the U.S. Court of Appeals for
the Ninth Circuit affirmed in part and dismissed in part.
Plaintiffs are employed by San Francisco's Juvenile Probation
Department ("JPD"), and bring suit against the City and County of
San Francisco ("CCSF") and various individual defendants for
alleged violations of section 1983, section 1981, Title VII, and
the California Fair Employment and Housing Act ("FEHA"). Plaintiffs
identify as Asian Pacific Americans ("APAs"), and argue that they
were discriminated against, especially as compared to African
American employees.
The Ninth Circuit held that the district court properly granted
summary judgment on Lam's and Leiato's discrimination claims
because Lam and Leiato failed to raise a genuine dispute of
material fact as to whether defendants took adverse action against
plaintiffs, and whether defendants had legitimate,
non-discriminatory motives for their actions. The district court
properly concluded that Lam and Leiato, as pro se litigants, lacked
the authority to represent a class. A copy of the Ninth Circuit's
decision is available at https://is.gd/HMpkOe from Leagle.com.
The District Court case is captioned ALFRED LAM, on behalf of
themself and of Asian Pacific American employees and representative
of the class of the same or similarly situated CCSF employees and
PAULA LEIATO, on behalf of themselves and of Asian Pacific American
employees and representative of the class of the same or similarly
situated CCSF employees v. CITY AND COUNTY OF SAN FRANCISCO; et
al., Case No. 4:10-cv-04641-PJH, in the U.S. District Court for the
Northern District of California, Oakland.
Plaintiffs had asked the Supreme Court to extend the time to file a
petition for a writ of certiorari from July 18, 2019 to August 22,
2019.
Plaintiffs appear pro se.[BN]
SCHENKER INC: Ramirez Suit Removed to C.D. California
-----------------------------------------------------
The case captioned SERGIO RAMIREZ, on behalf of himself and all
others similarly situated, Plaintiff, v. SCHENKER INC., a New York
corporation; SCHENKER LOGISTICS, INC., a North Carolina
corporation; and DOES 1 through 100, inclusive, Defendants, Case
No. CVDS1917538 was removed from the Superior Court of the State of
California, County of San Bernardino, to the United States District
Court for the Central District of California on July 16, 2019, and
assigned Case No. 5:19-cv-01304.
The Complaint asserts the following causes of action: (1) Failure
to Pay Overtime Compensation; (2) Failure to Pay Minimum Wages for
all Hours Worked; (3) Failure to Provide Duty-Free Meal Periods;
(4) Failure to Authorize and Permit Rest Periods; (5) Failure to
Pay all Wages Owed Timely and Upon Separation of Employment; (6)
Failure to Maintain and Provide Accurate Itemized Wage Statements;
(7) Failure to Reimburse Business Expenses; and (8) Unfair
Competition.[BN]
The Defendants are represented by:
MICHELLE RAPOPORT, ESQ.
EVERETT C. MARTIN, ESQ.
HOVANNES G. NALBANDYAN, ESQ.
LITTLER MENDELSON, P.C.
633 West 5th Street
63rd Floor
Los Angeles, CA 90071
Phone: 213.443.4300
Facsimile: 213.443.4299
Email: mrapoport@littler.com
cmartin@littler.com
hnalbandyan@littler.com
SCRIPPS HEALTH: DeutschHits Missed Breaks, Unpaid Overtime Wages
----------------------------------------------------------------
DORCENA DEUTSCH, CHARLES C. HARVEY IV, ESTEBAN HERNANDEZ, TANYA DEL
RIO, PATRIZIA GAMBERG, individually and on behalf of all persons
similarly situated, Plaintiff, v. SCRIPPS HEALTH, a California
domestic non-profit corporation; and DOES 1 through 50, Inclusive,
Defendants, Case No. 37-2019-00036333-CU-OE-CTL (Cal. Super. Ct.,
San Diego Cty., July 15, 2019) is a class action on behalf of
Plaintiffs, individually, and on behalf of a class in order to
fully compensate them for their losses caused by Defendant's
uniform policy and practice which failed to, (1) provide Plaintiffs
and the Class with legally compliant meal and rest periods, (2)
accurately pay meal and rest period premiums at the regular rate of
pay, and (3) accurately pay for all hours worked.
The Defendants required Plaintiffs and members of the Class to work
more than eight hours in a work shift or more than 40 hours in a
workweek without the payment of overtime compensation at one and
one-half times their regular rate of pay, or more than 12 hours in
a work shift without payment of overtime compensation at double the
their regular rate of pay. As a result, Plaintiffs and the
California Class members, from time-to-time, forfeited wages and
compensation due and owed for each workday that Defendants failed
to pay the correct overtime rate of pay. The Defendants' policy and
practice to not pay the California Class members the correct
overtime rate for all overtime hours worked in accordance with
applicable law is evidenced by Defendants' business records, says
the complaint.
Plaintiffs were employed by DEFENDANT as hourly, nonexempt
employees, assigned to the "SSRS - System Wide Float Pool",
entitled to non-discretionary flat sum incentive awards, overtime
pay and, meal and rest periods.
Defendants owns and operates the Scripps Hospital network
throughout San Diego County.[BN]
The Plaintiff is represented by:
JEAN-CLAUDE LAPUYADE, ESQ.
JCL LAW FIRM, APC
3990 OLD TOWN AVENUE, SUITE C204
SAN DIEGO, CA 92110
Phone: (619) 599-8292
Fax: (619) 599-8291
- and -
SHANI O. ZAKAY, ESQ.
ZAKAY LAW GROUP, APLC
5850 OBERLIN DRIVE, SUITE 230A
SAN DIEGO, CA 92121
Phone: (619) 255-9047
Fax: (858) 404-9203
SHAPIRO DICARO: Wertzberger Files Class Suit in New York
--------------------------------------------------------
A class action lawsuit has been filed against Shapiro, Dicaro &
Barak, LLC. The case is styled as Elias Wertzberger, on behalf of
himself and all other similarly situated consumers, Plaintiff v.
Shapiro, Dicaro & Barak, LLC, Defendant, Case No. 1:19-cv-04272
(E.D. N.Y., July 24, 2019).
The docket of the case states the nature of suit as Consumer Credit
filed pursuant to the Fair Debt Collection Act.
Shapiro, Dicaro & Barak, L.L.C. operates as a law firm. The Company
offers legal services in the field of foreclosure, bankruptcy,
litigation, evictions, closings, title curative, deed in lieu, and
loss mitigation services. Shapiro, Dicaro & Barak serves customers
in the United States.[BN]
The Plaintiff is represented by:
Adam Jon Fishbein, Esq.
Adam J. Fishbein, P.C.
735 Central Avenue
Woodmere, NY 11598
Tel: (516) 668-6945
Email: fishbeinadamj@gmail.com
SIEMENS INDUSTRY: School Sues over Inaccurate Water Billing
-----------------------------------------------------------
POINDEXTER PARK AFTER-SCHOOL CLUB, INC., CHARLES JORDAN, WILLIAMS
KELLUM, AND BELINDA CHASE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED, the PLAINTIFFS, VS. SIEMENS INDUSTRY, INC.,
Case No. 3:19-cv-00474-TSL-LRA (S.D. Miss., July 3, 2019), contends
that Poindexter has been harmed by alleged wrongful conduct of the
Defendants including inaccurate billing and service interruptions
caused by the Defendants' multiple breaches and failure to perform
services regarding the repair and upgrade of water infrastructure.
The Plaintiffs have received water and sewer services from the City
of Jackson and are ratepayers for the services. Poindexter operates
an after-school child care and tutoring facility located at 1025
Central Street, Jackson, Mississippi.
Siemens helps customers in the industrial, infrastructure and
construction sectors succeed by providing complete electrical,
engineering and automation solutions.[BN]
Attorneys for the Plaintiffs are:
Philip C. Hearn, Esq.
HEARN LAW FIRM, P.A.
Post Office Drawer 5009
Jackson, MS 39296-5009
Telephone: (601) 720 3541
Facsimile: (601) 969 2161
E-mail: philiphearn@yahoo.com
- and -
Gary E. Mason, Esq.
WHITEFIELD BRYSON & MASON LLP
510 Wisconsin Ave NW, Suite 305
Washington, DC 20016
Telephone: 202 429 2290
Facsimile: 202 429 2294
E-mail: gmason@wbmllp.com
- and -
Joel R. Rhine, Esq.
RHINE LAW FIRM, PC
1612 Military Cutoff Road, Suite 300
Wilmington, NC 28403
Telephone: (910) 772 9960
Facsimile: (910) 772 9062
E-mail: jrr@rhinelawfirm.com
- and -
Stephen W. Mullins, Esq.
LUCKEY & MULLINS, PLLC
1629 Government Street
Ocean Springs, MS 39564
Telephone: 228 875 3175
Facsimile: 228 872 4719
E-mail: smullins@luckeyandmullins.com
SOMA SALON: Maltais Seeks Pay for Off-the-Clock Work
----------------------------------------------------
KAYTE MALTAIS, individually and on behalf of a class of persons
similarly situated, Plaintiff, v. SOMA SALON AND SPA LLC and LISA
DESIMONE, Defendants, Case No. 19-2034 (Commonwealth of Mass., July
15, 2019) is an action on behalf of Plaintiff and similarly
situated individuals against Defendants, claiming unpaid wages
based upon multiple violation of the Massachusetts Wage Act.
The Spa typically holds a monthly staff meeting, which take place
on a Monday because only the retail section of the Spa is open. The
Spa is closed on Mondays for all hair, massage therapy and
cosmetology services. These staff meetings last, on average, 2-3
hours. Plaintiff and similarly situated employees are not paid for
attending these once-per month staff meetings. Ms. Desimone has
told Spa employees that employees are legally not entitled to be
compensated for attending these mandatory staff meetings. The Spa
also requires Plaintiff and similarly situated employees to
perform 'off-the-clock' work for fifteen minutes at the end of each
shift. They are not paid for their 'off-the-clock work pre-shift or
post-shift. Moreover, the Spa discourages tipping and prohibits
tipping with a credit card. Spa customers are allowed to provide a
'monetary gift' to employees in cash. The Spa also failed to
compensate Plaintiff and similarly situated employees for 'waiting
time. On a regular basis, employees were required to remain at the
Spa, even if there were no customers. The Spa required that these
employees remain on site in case on a 'walk in' customer. The
Plaintiff and similarly situated employees were never compensated
for their waiting time at the Spa, says the complaint.
Plaintiff Ms. Maltais started working for the Spa in October 2018.
She is a hairdresser.
Soma Salon and Spa LLC, is a company that maintains an address at
471 Artisan Way, Somerville, Middlesex County, Massachusetts.[BN]
The Plaintiff is represented by:
John W. Davis, Esq.
Davis & Davis, P.C.
350 Park Street
Park Place South, Ste. 105
North Reading, MA 01864
Phone: (978) 276-0777
Email: jdavis@davisanddavispc.com
STATE FARM: Davis Seeks to Certify Class
----------------------------------------
In the class action lawsuit styled as LINDA DAVIS, Individually and
On Behalf of All Others Similarly Situated, the PLAINTIFF, v. STATE
FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, and STATE FARM FIRE AND
CASUALTY COMPANY, the DEFENDANTS, Case No. 3:19-cv-00466-CRS (W.D
.Ky.), the Plaintiff moves the Court to certify a class.[CC]
Counsel for the Plaintiff are:
Sam Aguiar, Esq.
C. Sam Aguiar, Esq.
Jeffrey L. Freeman, Esq.
SAM AGUIAR INJURY LAWYERS, PLLC
1201 Story Avenue, Suite 301
Louisville, KY 40206
Telephone: (502) 813-8900
Facsimile: (502) 491-3946
E-mail: sam@kylawoffice.com
jfreeman@kylawoffice.com
Counsel for State Farm are:
David T. Klapheke, Esq.
BOEHL STOPHER & GRAVES, LLP
400 West Market Street, Suite 2300
Louisville, KY 40202
Telephone: (502) 589-5980
E-mail: dklapheke@bsg-law.com
STUDIO MOVIE: Esqueda Files Class Suit in California
----------------------------------------------------
A class action lawsuit has been filed against Studio Movie Grill
Holdings, LLC. The case is styled as Michael Esqueda, on behalf of
himself, all others similarly situated, and on behalf of the
General Public, Plaintiff v. Studio Movie Grill Holdings, LLC,
Defendant, Case No. BCV-19-102043 (Cal. Super. Ct., County Kern,
July 24, 2019).
The case type is stated as Other Employment - Civil Unlimited.
Studio Movie Grill Holdings LLC operates movie theatres that
include full-service dining during the show.[BN]
The Plaintiff is represented by:
David T. Mara, Esq.
TURLEY LAW FIRM
San Diego, CA 92121
SUSAN ELEY: Picon Asserts Breach of Disabilities Act
----------------------------------------------------
Susan Eley Fine Art, LLC is facing a class action lawsuit filed
pursuant to the Americans with Disabilities Act. The case is styled
as Yelitza Picon and on behalf of all other persons similarly
situated, Plaintiff v. Susan Eley Fine Art, LLC, Defendant, Case
No. 1:19-cv-06898 (S.D. N.Y., July 24, 2019).
Susan Eley Fine Art, LLC is a salon-style gallery showcasing
contemporary artists, located in a Landmarked Upper West Side
townhouse in New York.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Tel: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
TATA'S NATURAL: Faces Traynor Suit in Southern Dist. of New York
----------------------------------------------------------------
A class action lawsuit has been filed against Tata's Natural
Alchemy, LLC. The case is captioned as Yaseen Traynor, also known
as: Yaseen Traylor on behalf of himself and all others similarly
situated, the Plaintiff, vs. Tata's Natural Alchemy, LLC, the
Defendant, Case No. 1:19-cv-06220-KPF (S.D.N.Y., July 3, 2019). The
suit alleges violation of Americans with Disabilities Act. The case
is assigned to the Hon. Judge Katherine Polk Failla.
Tata's Natural manufactures natural antiaging skincare products.
The company provides antiaging serums, aromatherapy products, body
care products, cleansers, lip care products, moisturizers and
toners, masks, eye creams, and exfoliators. It also sells its
products online.[BN]
Attorneys for the Plaintiff are:
David Paul Force, Esq.
STEIN SAKS, PLLC
285 Passaic Street
Hackensack, NJ 07601
Telephone: (201) 282-6500
E-mail: dforce@steinsakslegal.com
THARALDSON HOSPITALITY: Barajas Labor Suit Removed to C.D. Cal.
---------------------------------------------------------------
Jessica Barajas and Deandre Prison, individually, and on behalf of
other members of the general public similarly situated, Plaintiff,
v. Tharaldson Hospitality Staffing, LLC, Tharaldson Hospitality
Management, LLC, Tharaldson Hospitality Development, LLC,
Defendants, Case No. CIVDS1916688, (Cal. Super., June 7, 2019), was
removed to the U.S. District Court for the Central District of
California on July 11, 2019, under Case No. 19-cv-01275.
Barajas and Prison seek redress for Defendants' meal and rest break
violations, failure to compensate for all hours worked, failure to
provide proper wage statements, failure to reimburse
business-related expenses and failure to pay earned wages upon
discharge under the Unfair Business Practices statures of the
California Business and Professions Code, the California Labor Code
and Welfare Commission Orders.
Defendants own and operate several Marriott, IHG, Hilton, and
Hyatt-branded hotels nationwide and throughout Northern and
Southern California. Barajas and Prison worked as Front Desk
Supervisors and Housekeeping Supervisors at Defendants' Residence
Inn hotel in Corona. [BN]
Plaintiff is represented by:
Bevin Allen Pike, Esq.
Orlando Villalba, Esq.
Joseph Hakakian, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
Email: Bevin.Pike@capstoneIawyers.com
Orlando.Villalba@capstonelawyers.com
Joseph.Hakakian@capstonelawyers.com
Tharaldson is represented by:
Lindsay Erin Hutner, Esq.
GREENBERG TRAURIG, LLP
4 Embarcadero Center, Suite 3000
San Francisco, CA 94111
Tel: (415) 655-1312
Email: hutnerl@gtlaw.com
THOMAS ERBEN GALLERY: Picon Files ADA Class Suit in New York
------------------------------------------------------------
Thomas Erben Gallery, Inc. is facing a class action lawsuit filed
pursuant to the Americans with Disabilities Act. The case is styled
as Yelitza Picon and on behalf of all other persons similarly
situated, Plaintiff v. Thomas Erben Gallery, Inc., Defendant, Case
No. 1:19-cv-06896 (S.D. N.Y., July 24, 2019).
Thomas Erben Gallery, Inc. is an Art gallery in New York City, New
York.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Tel: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
THUNDERBIRD LLC: Rodriguez Sues Over Biometric Data Retention
-------------------------------------------------------------
JORGE RODRIGUEZ, individually and on behalf of other similarly
situated individuals, Plaintiff, v. THUNDERBIRD LLC, an Illinois
limited liability company, and METAL IMPACT, LLC, an Illinois
limited liability company, Defendant, Case No. 2019CH08295 (Circuit
Ct., Cook Cty., Ill., July 15, 2019) is a class action complaint
for violation of the Illinois Biometric Privacy Act ("BIPA"), and
to obtain redress for persons injured by their conduct.
According to the complaint, the Defendants' biometric timekeeping
regime allows for and resulted in the dissemination of Plaintiff
and other Class member's biometrics to third parties, including
vendors for timekeeping, data storage, and payroll purposes. Prior
to taking Plaintiff's biometrics, Defendants did not inform
Plaintiff in writing that his biometrics were being collected,
stored, used, or disseminated, or publish any policy specifically
about the collection, retention, use, deletion, or dissemination of
biometrics. Defendants did not seek, and Plaintiff never provided,
any written consent relating to the collection, use, storage, or
dissemination of his biometrics. Prior to taking Plaintiffs
biometrics, Defendants did not make publicly available any written
policy as to their biometric retention schedule, nor did they
disclose any guidelines for permanently destroying the collected
biometrics. Additionally, Defendants did not obtain consent from
Plaintiff for any dissemination of his biometrics to third parties.
To this day, Plaintiff is unaware of the status of his biometrics
obtained by Defendants. Defendants have not informed Plaintiff
whether they still retain his biometrics, and if they do, for how
long they intend to retain such information without his consent,
says the complaint.
Plaintiff worked at one of Defendants' facilities in Illinois.
Defendants, providers of managerial services for manufacturing
corporations primarily in the heavy metals industries, rely on new
technologies, including biometrically-enabled technologies, to
track their employees while at work.[BN]
The Plaintiff is represented by:
William P.N. Kingston, Esq.
Jad Sheikali, Esq.
MCGUIRE LAW, P.C.
55 W. Wacker Drive, 9th Fl.
Chicago, IL 6060l
Phone: (312) 893-7002
Fax: (312) 275-7895
Email: wkingston@mcgpc.com
jsheikali@mcgpc.com
TOMORROW ENERGY: Rogers TCPA Suit Seeks to Stop Illegal Calls
-------------------------------------------------------------
JAYSON ROGERS, individually and on behalf of all others similarly
situated v. TOMORROW ENERGY CORP, a Nevada corporation, and JOHN
DOE CORPORATION, Case No. 1:19-cv-01590 (N.D. Ohio, July 12, 2019),
alleges violation of the Telephone Consumer Protection Act and
seeks to:
(1) stop the Defendants' practice of placing calls using "an
artificial or prerecorded voice" to the telephones of
consumers nationwide without their prior express written
consent; and
(2) obtain redress for all persons injured by their conduct.
Tomorrow Energy is a corporation organized and existing under the
laws of the state of Nevada. John Doe Corporation is a vendor of
Tomorrow Energy that did not identify itself. The true identity of
John Doe Corporation will be revealed during discovery and the
Plaintiff will amend, or seek leave to amend, the Complaint at that
time.
Tomorrow Energy is a certified supplier in the Ohio Energy Choice
Program, offering electricity and natural gas to consumers in
Ohio.[BN]
The Plaintiff is represented by:
Adam T. Savett, Esq.
SAVETT LAW OFFICES LLC
2764 Carole Lane
Allentown PA 18104
Telephone: (610) 621-4550
Facsimile: (610) 978-2970
E-mail: adam@savettlaw.com
TOMTOM NORTH: Sued Over Discontinued Lifetime Maps for GPS Devices
------------------------------------------------------------------
MATTHEW RUBBA and LARRY PROVOST, on behalf of themselves and all
others similarly situated v. TOMTOM NORTH AMERICA INC., Case No.
1:19-cv-15300-RBK-AMD (D.N.J., July 12, 2019), asserts claims
against the Defendant for alleged violation of the New York General
Business Law, the New Jersey Consumer Protection Act, the
Magnuson-Moss Warranty Act, as well as for breach of express and
implied warranties.
The purported class action lawsuit is brought by the Plaintiffs on
behalf of themselves and a class of purchasers of TomTom's global
positioning system ("GPS") devices, including: GO, ONE, XL, VIA,
START, XXL, and EASE. In January 2018, TomTom issued an
announcement stating that it was terminating the lifetime map
updates for the GPS Products. Hence, the Plaintiffs seek buyback
of their GPS Products; compensation for the loss in value and
depreciation of the GPS Products due to TomTom's decision to stop
supporting the devices with Lifetime Maps; or, in the alternative,
an order requiring TomTom to honor its warranty obligations and
continue supporting Lifetime Maps for the GPS Products, including a
notice campaign informing Class Members of same.
TomTom North America Inc. is a California company with its
principal place of business located in Lebanon, New Hampshire. The
Defendant and/or its agents manufactured, distributed, sold,
leased, and warranted the GPS Products throughout the United
States.[BN]
The Plaintiffs are represented by:
Joseph G. Sauder, Esq.
Matthew D. Schelkopf, Esq.
Joseph B. Kenney, Esq.
SAUDER SCHELKOPF
555 Lancaster Avenue
Berwyn, PA 19312
Telephone: (888) 711-9975
Facsimile: (610) 421-1326
E-mail: jgs@sstriallawyers.com
mds@sstriallawyers.com
jbk@sstriallawyers.com
TOP SHELF: Hannah Hits Misclassification, Seeks Unpaid Compensation
-------------------------------------------------------------------
SAMANTHA HANNAH, On Behalf of Herself and Others Similarly
Situated, Plaintiff v. TOP SHELF ENTERTAINMENT, LLC d/b/a CLUB ONYX
CHARLOTTE, Defendant, Case No. 3:19-cv-00332-RJC-DSC (D. N.C., July
15, 2019) is a class and collective action against Defendant
seeking back-pay, restitution, liquidated damages, reasonable
attorney's fees and costs, and all other relief that the Court
deems just, reasonable and equitable.
The complaint alleges that Defendant misclassified Plaintiff and
other similarly situated individuals as "independent contractors"
rather than as employees while employed as an exotic dancer at
Defendant's Club Onyx Gentlemen's Club located at 5300 Old
Pineville Road, Suite 120, Charlotte, North Carolina. As a result,
Defendant is legally responsible and now liable for failing to pay
Plaintiff and other similarly situated individuals required wages
under the Federal Fair Labor Standards Act and the North Carolina
Wage & Hour Act, says the complaint.
Plaintiff was employed by Defendant as an exotic dancer at
Defendant's Club Onyx Gentlemen's Club in Charlotte, North
Carolina.
Club Onyx is a limited liability company formed in North Carolina
that operates as a gentlemen's club featuring female exotic
dancers.[BN]
The Plaintiff is represented by:
Jason S. Chestnut, Esq.
Philip J. Gibbons, Jr., Esq.
Craig L. Leis, Esq.
GIBBONS LEIS, PLLC
14045 Ballantyne Corporate Place, Ste. 325
Charlotte, NC 28277
Phone: 704-612-0038
Email: jason@gibbonsleis.com
phil@gibbonsleis.com
craig@gibbonsleis.com
- and -
Gregg C. Greenberg, Esq.
ZIPIN, AMSTER & GREENBERG, LLC
8757 Georgia Avenue, Suite 400
Silver Spring, MD 20910
Phone: (301) 587-9373
Email: GGreenberg@ZAGFirm.com
TRADER JOE'S: Keim Sues Over FCRA Violation
-------------------------------------------
BRIAN KEIM, individually, and on behalf of other similarly situated
individuals, Plaintiff, v. TRADER JOE'S COMPANY, a California
corporation, Defendant, Case No. 9:19-cv-81025-RLR (S.D. Fla., July
17, 2019) is an action arising from Defendant's knowing or reckless
violation of the Fair and Accurate Credit Transactions Act
amendment to the Fair Credit Reporting Act, which requires persons
that accept debit cards or credit cards at the point-of-sale to
truncate certain card number information on printed receipts
provided to consumers.
Despite the clear language of the statute, Defendant knowingly or
recklessly failed to comply with FCRA by printing 10 digits of its
customers' credit card and/or debit card numbers on transaction
receipts. As a result of Defendant's unlawful conduct, Plaintiff
and the Class who engaged in credit or debit card transactions with
Defendant during the time frame relevant to this action have
suffered a violation of their substantive rights, an invasion of
their privacy, breach of their confidence in the safe handling of
their account information, exposure to an elevated risk of identity
theft, and were unfairly burdened with the need to keep or destroy
the receipt, to prevent further disclosure of their account
information, says the complaint.
Plaintiff Brian Keim is a natural person who made a purchase using
his personal Visa debit card at the Trader Joe's store.
Defendant is a well-known grocery store chain which owns and
operates more than 488 stores located throughout the United
States.[BN]
The Plaintiff is represented by:
Scott D. Owens, Esq.
SCOTT D. OWENS, P.A.
3800 S. Ocean Dr., Suite 235
Hollywood, FL 33019
Phone: (954) 589-0588
Email: scott@scottdowens.com
- and -
Keith J. Keogh, Esq.
Michael Hilicki, Esq.
Keogh Law, Ltd.
55 W. Monroe St., Ste. 3390
Chicago, IL 60603
Phone: 312.726.1092
Fax: 312.726.1093
Email: keith@keoghlaw.com
mhilicki@keoghlaw.com
- and -
Joseph M. Hekmat, Esq.
HEKMAT LAW GROUP
11111 Santa Monica Blvd., Ste. 1700
Los Angeles, CA 90025
Phone: 424-888-0848
Fax: 424-270-0242
Email: jhekmat@hekmatlaw.com
TRANS EXPRESS: Fails to Pay Overtime Under FLSA, Pulliam Alleges
----------------------------------------------------------------
MARSHALL PULLIAM, PARSHOO BADLU, and SEAN ROBINSON, individually
and on behalf of all others similarly situated v. TRANS EXPRESS,
INC.; NATIONAL EXPRESS LLC; and NATIONAL EXPRESS TRANSIT
CORPORATION, Case No. 1:19-cv-04038 (E.D.N.Y., July 12, 2019), is
brought under the Fair Labor Standards Act and the New York Labor
Law on behalf of the Defendants' non-exempt hourly intrastate bus
drivers and/or dispatchers, who were denied overtime premium
compensation for hours worked in excess of 40 hours per week.
National Express Transit ("NEXT") is the transit division of
National Express LLC ("NELLC"). NELLC is the North American
subsidiary of National Express Group PLC, an international
transportation company and transit service provider. NEXT and
NELLC maintain corporate headquarters in Lisle, Illinois.
NEXT purchased Trans Express in 2019 and Trans Express is now
wholly-owned by NEXT. Trans Express maintains headquarters in
Brooklyn, New York.
NEXT's transit services include: (1) fixed-route public transit;
(2) commuter and express transit service; (3) paratransit, ADA,
dial-a-ride, and other demand responsive services; (4) shuttle
services; (5) transit management; and (6) ecolane transit software.
Trans Express offers daily shuttles and bus charters to various
locations in the New York area.[BN]
The Plaintiffs are represented by:
Christopher Q. Davis, Esq.
Rachel M. Haskell, Esq.
THE LAW OFFICE OF CHRISTOPHER Q. DAVIS
225 Broadway, Suite 1803
New York, NY 10007
Telephone: (646) 430-7930
Facsimile: (646) 349-2504
E-mail: cdavis@workingsolutionsnyc.com
rhaskell@workingsolutionsnyc.com
TRUBRIDGE INC: Mattison Sues Over Unpaid Overtime Wages
-------------------------------------------------------
TRACY MATTISON, on behalf of herself and all others similarly
situated, Plaintiff, v. TRUBRIDGE, INC. Defendant, Case No.
5:19-cv-01618-JRA (N.D. Ohio, July 16, 2019) is a case challenging
policies and practices of Defendant that violated the Fair Labor
Standards Act, as well as the Ohio wage-and-hour laws, and Ohio
Revised Code which requires prompt payment of earned wages.
Plaintiff, the Putative Class, and the Ohio Class on numerous
occasions worked more than 40 hours in a single workweek, entitling
them to overtime compensation under the FLSA and the Ohio
wage-and-hour statute. However, the Defendant unlawfully excluded
the commission payments in determining Plaintiff, the Putative
Class, and the Ohio Class' "regular rates" for purposes of overtime
compensation. Defendant thereby miscalculated and underpaid the
overtime compensation it paid to employees who earned the
commission, including Plaintiff and the Putative Class who may join
this case pursuant to the FLSA, and the members of the Ohio Class,
says the complaint.
Plaintiff has worked for Defendant as an hourly non-exempt employee
in North Canton, Ohio.
Defendant is a Corporation for Profit maintaining its principal
place of business in North Canton, Ohio.[BN]
The Plaintiff is represented by:
Christopher J. Lalak, Esq.
NILGES DRAHER LLC
614 W. Superior Ave., Suite 1148
Cleveland, OH 44113
Phone: 216.230.2955
Email: clalak@ohlaborlaw.com
- and -
Robi J. Baishnab, Esq.
34 N. High St., Suite 502
Columbus, OH 43215
Phone: (614) 824-5770
Email: rbaishnab@ohlaborlaw.com
TYSON FARMS: Russell Files PI Class Suit in Alabama
---------------------------------------------------
A class action lawsuit has been filed against Tyson Farms, Inc. The
case is styled as Kathy Russell, Tiffany Ashley and Krystal Stasko,
individually and on behalf of all others similarly situated,
Plaintiffs v. Tyson Farms, Inc. doing business as: River Valley
Ingredients, Jason Spann, Hydraservice Inc and Jasper Water Works
and Sewer Board Inc, Defendants, Case No. 5:19-cv-01179-HNJ (N.D.
Ala., July 24, 2019).
The docket of the case states the nature of suit as P.I.: Other
filed pursuant to the Diversity-(Citizenship).
Tyson Foods sells chicken, beef, pork, bacon, pizza crust, chicken
nuggets, prepared meals, and tortilla chips.[BN]
The Plaintiffs are represented by:
Dennis E Goldasich , Jr, Esq.
GOLDASICH & ASSOCIATES LLC
2100 3rd Avenue North, Ste. 700
Birmingham, AL 35203
Tel: (205) 731-2566
Email: dennis@golaw.net
- and -
Joshua M Vick, Esq.
GOLDASICH & ASSOCIATES LLC
2100 Third Avenue North, Suite 700
Birmingham, AL 35203
Tel: (205) 731-2566
Fax: (205) 731-9451
Email: josh@golaw.net
- and -
Robert O Bryan, Esq.
NELSON BRYAN & JONES
P O Box 2309
Jasper, AL 35502
Tel: (205) 387-7777
Fax: (205) 384-0659
Email: bob@nelsonbryanjones.com
UNIFUND CCR: Hollifield Suit Asserts FDCPA Breach
-------------------------------------------------
SHERRY HOLLIFIELD, on behalf of herself and all others similarly
situated, Plaintiff, v. UNIFUND CCR, LLC and SESSOMS & ROGERS,
P.A., Defendants, Case No. 1:19-cv-00695 (M.D. N.C., July 15, 2019)
is an action for declaratory and injunctive relief as well as
actual and statutory damages, on behalf of Plaintiff and classes of
North Carolina consumers who find themselves in similar situations,
against Defendants for deceptive debt collection practices that
violated the Fair Debt Collection Practices Act and the Federal
law, and for threatened future unfair debt collection practices
that would violate North Carolina law.
Sometime before 2015, Plaintiff applied for and obtained a credit
card account ("the Account") that was issued by Citibank, N.A.
Sometime around the middle of 2015, Ms. Hollifield became unable to
make the minimum payments on the Account. Citibank charged-off and
sold Ms. Hollifield's account sometime in 2016. Sometime in July
2018, S&R sent Ms. Hollifield the letter which was styled as a
"Notice of Intent to File Legal Action in Davidson County District
Court." The body of the Notice of Intent says, "Before it brings
suit against you to collect on this debt, North Carolina law
requires the debt buyer, Unifund CCR LLC, to give you written
notice of its intent to file a legal action at least 30 days in
advance of filing." The Notice of Intent is printed on letterhead,
the left side of which contains the words "Sessoms & Rogers, P.A.,
Attorneys at Law." The right side of the letterhead includes the
words, "A North Carolina Law Firm." It is not clear who signed the
Notice of Intent, but the signature block indicates that it was
signed by someone with the title, "Attorney at Law."
The Charge-Off Statement indicates a "new balance" of $4,108.70, a
monthly interest charge of $67.83. The Charge-Off Statement also
indicates, in a box captioned, "2016 totals year-to-date," "total
fees charged in 2016" of $70, and "total interest charged in 2016"
of $206.23. Finally, the Charge-Off Statement includes a "previous
balance" of $4,040.87."
It is an unfair practice--and, thus, illegal--for a debt buyer to
file a complaint initiating a debt collection lawsuit before
sending a Notice of Intent that complies with the FDCPA. Yet that
is exactly what S&R has threatened to do here. The Notice of Intent
sent to Ms. Hollifield deprived her of the right, created by the
North Carolina General Assembly, to receive an itemized accounting
of the alleged debt before any collections lawsuit was filed
against her. It follows that the letter falsely purporting to be a
"Notice of Intent" subjected Ms. Hollifield to the risk of a harm,
says the complaint.
Plaintiff Sherry Hollifield is a natural person who has resided in
Thomasville, North Carolina.
Unifund is engaged in the business of purchasing delinquent or
charged-off consumer credit accounts.[BN]
The Plaintiff is represented by:
Jonathan R. Miller, Esq.
LAW OFFICE OF JONATHAN R. MILLER, PLLC
d/b/a SALEM COMMUNITY LAW OFFICE
UNITED PIPE: Removes Galvan Case to Central District of California
------------------------------------------------------------------
United Pipe and Steel Corp. removed the case captioned ALEJANDRO
GALVAN, an Individual, and JUAN GALVAN, an Individual, GRACIELA
SOTO, an Individual, the Plaintiffs, vs. UNITED PIPE AND STEEL
CORP., a Corporation, OSCAR GUZMAN, an Individual, and DOES 1-25,
inclusive, the Defendants, Case No. CIVDS1912723 (Filed April 26,
2019), from the Superior Court of the State of California in and
for the County of San Bernardino, to United States District Court
for the Central District of California on July 15, 2019. The
Central District of California Court Clerk assigned Case No.
5:19-cv-01300 to the proceeding.
The Plaintiffs alleged these causes of actions against Defendant:
(1) Violation of Government Code section 12940(j) – Sexual
Harassment; (2) Violation of Government Code section 12940(k) –
Failure to Prevent Sexual Harassment; (3) Constructive Discharge;
(4) Violation of Government Code section 12940(h) – Retaliation;
(5) Wrongful Termination; (6) Failure to Provide Meal and Rest
Periods; (7) Unfair Business Practices; and (8) Private Attorneys
General Act.[BN]
Attorneys for the Defendant are:
Michael A. Hood, Esq.
Nicole M. Shaffer, Esq.
Remick M. Stahl, Esq.
JACKSON LEWIS P.C.
200 Spectrum Center Drive, Suite 500
Irvine, CA 92618
Telephone: (949) 885-1360
Facsimile: (949) 885-1380
E-mail: michael.hood@jacksonlewis.com
nicole.shaffer@jacksonlewis.com
remick.stahl@jacksonlewis.com
URBAN OUTFITTERS: McEarchen, et al. Suit Transferred to S.D.N.Y.
----------------------------------------------------------------
The class action lawsuit styled as JEFFREY MCEARCHEN, DANIEL
LAWSON, and THOMAS C. WOLFE, individually and on behalf of all
other persons similarly situated, the Plainitffs, vs. URBAN
OUTFITTERS, INC., the Defendant, Case No. 1:13-cv-03569 (Filed May
24, 2013), was transferred from the U.S. District Court for the
Eastern District of New York, to the U.S. District Court for the
Southern District of New York (Foley Square) on July 15, 2019. The
Southern District of New York Court Clerk assinged Case No.
1:19-cv-06525-PGG to the proceeding. The case is assigned to the
Hon. Judge Paul G. Gardephe.
Urban Outfitters allegedly misclassified the Plaintiffs and other
similarly situated employees as exempt under federal overtime laws
and failed to pay them for all hours worked by them as well as
overtime pay for hours above 40 in a workweek.[BN]
Attorneys for the Plaintiffs are:
Seth R. Lesser, Esq.
Fran L. Rudich, Esq.
Michael J. Palitz, Esq.
Rachel E. Berlin, Esq.
KLAFTER OLSEN & LESSER LLP
Two International Drive, Suite 350
Rye Brook, NY 10573
Telephone: (914) 934-9200
Facsimile: (914) 934-9220
E-mail: www.klafterolsen.com
- and -
Marc S. Hepworth, Esq.
Charles Gershbaum, Esq.
David A. Roth, Esq.
Mathew A. Parker, Esq.
Rebecca Solomon Predovan, Esq.
HEPWORTH, GERSHBAUM & ROTH, PLLC
192 Lexington Avenue, Suite 802
New York, NY 10016
Telephone: (212) 545-1199
Facsimile: (212) 532-3801
E-mail: RPredovan@hgrlawyers.com
- and -
Shannon Carson, Esq.
Sarah R. Schalman-Bergen, Esq.
BERGER & MONTAGUE, PC
www.bergermontague.com
1622 Locust Street
Philadelphia, PA 19103
Telephone: (800) 424-6690
Facsimile: (215) 875-4604
E-mail: sschalman-bergen@bm.net
scarson@bm.net
- and -
Ian L. Quiles, Esq.
Gregg I. Shavitz, Esq.
SHAVITZ LAW GROUP, P.A
1515 S. Federal Highway, Suite 404
Boca Raton, FL 33432
Telephone (561) 447-8888
Facsimile: (561) 447-8831
E-mail: aquiles@shavitzlaw.com
gshavitz@shavitzlaw.com
- and -
Christopher McNerney, Esq.
Justin Mitchell Swartz, Esq.
Michael Joseph Scimone, Esq.
Naomi Briana Sunshine, Esq.
Ossai Miazad, Esq.
OUTTEN & GOLDEN, LLP (NYC)
685 Third Avenue, 25th Floor
New York, NY 10017
Telephone: (212) 245-1000
Facsimile: (646) 509-2060
E-mail: cmcnerney@outtengolden.com
jms@outtengolden.com
mscimone@outtengolden.com
nsunshine@outtengolden.com
omiazad@outtengolden.com
Attorneys for the Urban Outfitters Inc. are:
Cheryl D Orr, Esq.
Jaime D. Walter, Esq.
Thomas Barton, Esq.
William R. Horwitz, Esq.
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, CA 94105-2235
Telephone: (415) 591-7503
Facsimile: (415) 591-7510
E-mail: cheryl.orr@dbr.com
jaime.walter@dbr.com
thomas.barton@dbr.com
william.horwitz@dbr.com
US-REPORTS INC: Falls Files Suit Over Unlawful Compensation System
------------------------------------------------------------------
TERRANCE FALLS, on behalf of himself and all others similarly
situated, Plaintiff, v. US-REPORTS, INC. d/b/a AFIRM, Defendant,
Case No. 2:19-cv-00999 (E.D. Wis., July 15, 2019) is a collective
action brought pursuant to the Fair Labor Standards Act of 1938,
and Wisconsin's Wage Payment and Collection Laws by Plaintiff
against Defendant.
According to the complaint, the Defendant operated (and continues
to operate) an unlawful compensation system that deprived current
and former hourly-paid, non-exempt Customer Service/Support and
Audit Reviewer employees of their wages earned for all compensable
work performed each workweek, including at an overtime rate of pay
for each hour worked in excess of 40 hours in a workweek, says the
complaint.
Plaintiff performed compensable work in the positions of Customer
Service/Support and Audit Reviewer, during his employment with
Defendant in approximately January 2017.
Defendant provides risk management solutions services.[BN]
The Plaintiff is represented by:
James A. Walcheske, Esq.
Scott S. Luzi, Esq.
WALCHESKE & LUZI, LLC
15850 W. Bluemound Rd., Suite 304
Brookfield, WI 53005
Phone: (262) 780-1953
Fax: (262) 565-6469
Email: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
VERIZON COMMUNICATIONS: Kaufman Suit Moved to N.D. California
-------------------------------------------------------------
The class action lawsuit styled as Jesse Kaufman on his own behalf
and on behalf of all those similarly situated, the Plaintiff, vs.
Verizon Communications Inc., the Defendant, Case No. RG19021474,
was removed from the Alameda County Superior Court, to the U.S.
District Court for the Northern District of California (Oakland) on
July 5, 2019. The Northern District of California Court Clerk
assigned Case No. 4:19-cv-03888-DMR to the proceeding. The suit
demands $5 billion worth of damages. The case is assigned to the
Hon. Judge Donna M. Ryu.
Verizon Communications is an American multinational
telecommunications conglomerate and a corporate component of the
Dow Jones Industrial Average. The company is based at 1095 Avenue
of the Americas in Midtown Manhattan, New York City, but is
incorporated in Delaware.[BN]
Attorneys for the Plaintiff are:
Alan Mark Kaufman, Esq.
KAUFMAN & KAUFMAN
220 Montgomery Street, Suite 966
San Francisco, CA 94104
Telephone: (415) 954-7770
E-mail: alan@kaufmanlawsf.com
- and -
S. Chandler Visher, Esq.
LAW OFFICES OF S. CHANDLER VISHER
268 Bush Street, Suite 4500
San Francisco, CA 94104
Telephone: (415) 901-0500
Facsimile: (415) 901-0504
E-mail: chandler@visherlaw.com
Attorneys for Verizon Communications Inc.:
Alicia Intriago, Esq.
Donald Scott Davidson, Esq.
GREENBERG TRAURIG, LLP
1201 K Street, Suite 100
Sacramento, CA 95814
Telephone: (916) 442-1111
Facsimile: (916) 448-1709
E-mail: intriagoa@gtlaw.com
Davidsonds@gtlaw.com
VINEYARD VINES: Cohen Hits Disclosure of Personal Info
------------------------------------------------------
Tina Cohen, on behalf of herself and others similarly situated,
Plaintiff, v. Vineyard Vines Retail, LLC, Defendant, Case No.
19-cv-11513, (S.D. Fla., July 10, 2019), seeks injunctive relief,
statutory damages, attorneys' fees and costs, together with other
relief for violation of the Fair and Accurate Credit Transactions
Act amendment to the Fair Credit Reporting Act.
Vineyard Vines is an American clothing and accessory retailer,
selling ties, hats, belts, shirts, shorts, swimwear, bags for men,
women and children.
On March 13, 2019, Cohen made a purchase from the Vineyard Vines
store, located in the Boca Town Center Mall, in Boca Raton using
her personal American Express credit card and was subsequently
provided an electronically printed receipt which revealed the
expiration date of her credit card and her full name, thus exposing
her to identity theft. [BN]
Plaintiff is represented by:
Scott D. Owens, Esq.
SCOTT D. OWENS, P.A.
3800 S. Ocean Dr., Ste. 235
Hollywood, FL 33019
Tel: (954) 589-0588
Fax: (954) 337-0666
Email: scott@scottdowens.com
- and -
Jeremy Cohen, Esq.
CW Law Group, P.C.
188 Oaks Road
Framingham, MA 01701
Tel: (508) 309-4880
Fax: (508) 597-7722
Email: jeremy@cwlawgrouppc.com
WASH MULTIFAMILY: Antwerp Class Suit Asserts Breach of Contract
---------------------------------------------------------------
Alan Van Antwerp, on behalf of himself and all others similarly
situated, Plaintiffs, v. Wash Multifamily Laundry Systems, LLC,
Defendant, Case No. 19STCV24071, (Cal. Super., July 11, 2019),
seeks redress for breach of contract, intentional misrepresentation
and unjust enrichment.
WASH offers both coin-operated and cashless laundry services to
apartments, condominiums, college and university residence halls,
military bases, and other multihousing locations in the United
States.
Antwerp owned and operated a residential rental property including
four units, located at 1374 N. Cuyamaca Street, El Cajon,
California, where he contracted WASH to provide laundry services.
WASH unilaterally imposed an additional fee with no mutual assent
or consideration, thereby violating the express terms of their
contractual agreements, relates the complaint. [BN]
Plaintiff is represented by:
Abbas Kazerounian, Esq.
Jason A. Ibey, Esq.
Clark R. Conforti, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
Email: ak@kazlg.com
jason@kazlg.com
clark@kazlg.com
WELLS FARGO: Pena Sues Over Discriminatory and Unlawful Actions
---------------------------------------------------------------
EDUARDO PENA, individually and on behalf of all others similarly
situated, Plaintiff, v. WELLS FARGO BANK, N.A., Defendant, Case No.
3:19-cv-04065-JCS (N.D. Cal., July 16, 2019) is a case against
Wells Fargo for unlawful alienage discrimination in violation of
the Civil Rights Act of 1866, ("Section 1981"), and for failure to
provide to Plaintiff written notice of his credit denial with an
accurate statement of the reasons for the denial in violation of
the Equal Credit Opportunity Act.
Wells Fargo's auto loan line of business, as a matter of policy,
treats non-United States citizens who reside in the United States
and hold Deferred Action for Childhood Arrivals ("DACA") status as
categorically ineligible for auto loans even where such DACA
applicants have valid Social Security numbers and federal work
authorization and regardless of their creditworthiness and ability
to satisfy the bank's auto loan underwriting criteria.
Wells Fargo's policy of denying aliens with DACA status the
opportunity to contract for credit is discriminatory and unlawful
under Section 1981, says the complaint. In addition, Wells Fargo
fails to provide DACA recipients who are denied auto loans a
written notice of adverse action with an accurate statement of the
reasons for their denial, in violation of ECOA. Wells Fargo's
discriminatory auto loan policies are of a piece with the bank's
broader discriminatory consumer lending policies. Plaintiff is
similarly ineligible for a Wells Fargo student loan, unsecured
credit card, personal loan, and small business loan due to his
status under DACA, says the complaint.
Plaintiff Eduardo Pena is a resident of Berwyn, Illinois. He is
employed as a tax manager.
Wells Fargo is an American multinational banking and financial
services company headquartered in San Francisco, California.[BN]
The Plaintiff is represented by:
Jahan C. Sagafi, Esq.
Rachel Dempsey, Esq.
OUTTEN & GOLDEN LLP
One California Street, 12th Floor
San Francisco, CA 94111
Phone: (415) 638-8800
Facsimile: (415) 638-8810
Email: jsagafi@outtengolden.com
rdempsey@outtengolden.com
- and -
Ossai Miazad, Esq.
Michael N. Litrownik, Esq.
OUTTEN & GOLDEN LLP
685 Third Avenue, 25th Floor
New York, NY 10017
Phone: (212) 245-1000
Facsimile: (646) 509-2060
Email: om@outtengolden.com
mlitrownik@outtengolden.com
WELTMAN & WEINBERG: Johnson et al Seek to Certify 2 Classes
-----------------------------------------------------------
In the class action lawsuit styled as JENILEE JOHNSON and JANE
WHITAKER, on behalf of plaintiffs and a class, and PEOPLE OF THE
STATE OF ILLINOIS EX REL. JENILEE JOHNSON and JANE WHITAKER, the
Plaintiffs, vs. WELTMAN, WEINBERG & REIS CO., LPA; and US ASSET
MANAGEMENT, INC., the Defendant, Case No. 1:18-cv-07818 (N.D.
Ill.), Jenilee Johnson and Jane Whitaker ask the Court to enter an
order:
1. determining that the action may proceed as a class action
against Weltman, Weinberg & Reis Co., LPA and US Asset
Management, Inc.;
2. certifying two classes, defined as follows:
Fair Debt Collection Practices Act class:
"(a) all individuals with addresses in Illinois, (b) with
respect to whom WWR filed or threatened a lawsuit on behalf
of USAM (c) at any time beginning on November 27, 2017 and
ending December 18, 2018";
Illinois Consumer Fraud Act class:
"(a) all individuals with addresses in Illinois, (b) with
respect to whom a lawsuit was filed by USAM (c) at any time
during a period beginning on November 27, 2015 and ending
December 18, 2018";
3. appointing Edelman, Combs, Latturner & Goodwin, LLC as
counsel for the class.[CC]
Attorneys for the Plaintiffs are:
Mary Frances Charlton, Esq.
Daniel A. Edelman, Esq.
Cathleen M. Combs, Esq.
Tara L. Goodwin, Esq.
EDELMAN, COMBS, LATTURNER & GOODWIN, LLC
20 South Clark Street, Suite 1500
Chicago, IL 60603-1824
Telephone: (312) 739-4200
Facsimile: (312) 419-0379
E-mail: courtecl@edcombs.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 2019. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
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