/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/190912.mbx C L A S S A C T I O N R E P O R T E R Thursday, September 12, 2019, Vol. 21, No. 183 Headlines 15 JOHN CORP: LaJaunie Appeals From Judgment in Murphy FLSA Suit 3M COMPANY: Removes Combat Arms Earplugs Suit to W.D. Ky. ACARDIA RECOVERY: Thomas Files FDCPA Suit in S.D. Ohio AKORN INC: Ruling on Plaintiff Counsel Fees under Appeal AMERICAN INT'L: Artiste Suit Moved to Central Dist. of California ARS NATIONAL: Armitage Files FDCPA Suit in Illinois ARS NATIONAL: Maymi Files FDCPA Suit in E.D. New York ATLANTIC CREDIT: Faces Lopez Suit in District of New Jersey BEL USA: Reid Asserts Breach of Disabilities Act BEST BUDZ: Fails to Pay Technicians' Minimum & OT Wages, Lee Says BLACKBAUD INC: Brown Appeals C.D. California Ruling to 9th Cir. CADILLAC LOUNGE: Fails to Pay Dancers Minimum Wages, Molina Says CAPITAL ONE: Stirnweis Seeks OT Pay for Insurance Specialists CARDINAL HEALTH: Nguyen Seeks Overtime Wages for Pharmacists CAWLEY & BERGMANN: Muldowney Files FDCPA Class Action in New York CELLECTRIC ELECTRICAL: Sherman Suit Alleges Breach of Contract CENTENE CORPORATION: Fails to Pay Proper Wages, Del Toro Says CHARTER COMMUNICATIONS: Removes Gonzales Suit to C.D. California CHESAPEAKE LODGING: Agrees to Resolve Kent Class Action CLOUDERA INC: Still Defends 3 Securities Class Suit in California COLLECTION RESOURCES: Duffy Files FDCPA Suit in W.D. Michigan CONDOR HOSPITALITY: NexPoint Merger Docs Omit Info, Sabatini Says CONDOR HOSPITALITY: Raul Challenges Proposed Sale to NexPoint CREDENCE RESOURCE: Diez Asserts Breach of FDCPA in New York CRST EXPEDITED: Tapia Suit Moved to Central District of California DAVID MARCUS: Ybarra Seeks Overtime Pay for Office Staff DELTA AIRLINES: Ruling in Pimentel Labor Suit under Appeal ENCORE HEALTH: Jones et al. Suit Transferred to E.D. Pennsylvania EXPRESS SCRIPTS: Harrod Appeals Class Cert. Bid Denial to 11th Cir. EXXONMOBIL OIL: Kendig Suit Underway in C.D. California FAIR COLLECTIONS: Ali Files FDCPA Suit in E.D. New York FINISAR CORP: Ruling in Calif. Securities Class Suit under Appeal FORD MOTOR: Ardent Sues over Deceptive Fuel Economy Ratings GEICO CASUALTY: Tenth Circuit Appeal Initiated in Pearson Suit GEICO GENERAL: Williams Files Class Action for Breach of Contract GLOBAL CUSTOM COMMERCE: Diaz Files ADA Suit in S.D. New York GREENVIEW PROPERTIES: Edwards, et al Seek OT Pay for Laborers HELLERMANNTYTON CORP: Smith Suit Moved to E.D. Wisconsin HOME DEPOT: Brunson Files PI Class Suit in Georgia HORIZON TALK: Has Made Unsolicited Calls, Castillo Suit Claims HP INC: Parziale Class Suit Seeks to Stop Unfair Business Practices HUNTER WARFIELD: Rapponotti Files FDCPA Suit in W.D. Texas JACKSON HEWITT: Hancock Suit Transferred to W.D. Texas JAEBUDO INC: Kim Seeks Unpaid Wages for Employees JUUL LABS: Misrepresents Nicotine Content, Suit Claims KAMY INVESTMENTS: Fails to Pay Minimum or OT Wages, Marquis Says KOPELOWITZ OSTROW: Faces Suit over 1 Global Investment Fraud LA PERLA: Reid Alleges Violation under Disabilities Act LILIS 200 WEST: Underpays Deliver Drivers, Chen Suit Alleges MDL 2919: Consolidation of Fuel Pump Cases v GM, Ford & FCA Sought MEDICAL DATA: Stallworth Sues over Debt Collection Practices MID AMERICA MORTGAGE: Fails to Pay Proper FLSA Wages, Knight Says NELSON & KENNARD: Bonilla Files FDCPA Suit in E.D. New York NEW PRIME: Removes Hansen Labor Suit to C.D. Calif. NEW YORK: BOD Files 4 Appeals in Gulino Suit to 2nd Circuit NEW YORK: Faces Allen et al Suit in Southern District of New York PAMPERED CHEF: Slade Asserts Breach of Disabilities Act PENN CREDIT: Faces Hartman Suit in District of New Jersey PETTIGREW CREWING: Removes Landy Labor Suit to C.D. California PG CUTTING: Vega Seeks Minimum Wage for Machine Operators PHONEPOWER INC: Reid Files ADA Suit in S.D. New York PIER A BATTERY PARK: Rios Files ADA Suit in New York PITTSBURGH FONDUE: Vaughn Seeks Minimum Wage for Tipped Employees RIO TINTO: Colbert Appeals Securities Suit Dismissal to 2nd Cir. ROBERTITO'S TACO: Garcia Seeks Overtime Pay for Waitresses SAREPTA THERAPEUTICS: Salinger Sues over Drug Trial Reports SEATTLE CITY LIGHT: Deien Sues over Incorrect Billing SENNHEISER ELECTRONIC: Diaz Files ADA Suit in S.D. New York SIERRA TRADING POST: Reid Files ADA Suit in S.D. New York SIGNPOST INC: Violates TCPA, Loftus Class Suit Asserts SJV USA INC: Diaz Files ADA Suit in S.D. New York STEVEN COHEN: Ortiz Files FDCPA Class Action in New York STRAUS & ASSOCIATES: Spears Sues over Debt Collection Practices SUN BUM SUNCARE: Conner Files ADA Class Action SUNCOAST CREDIT: Loomis Balks at Multiple Insufficient Funds Fees SWEETWATER SOUND: Reid Files ADA Suit in S.D. New York TOP FLITE: Fabricant Sues over Unsolicited Calls & Text Messages TOP SHIPS: Onel Appeals Brady Suit Dismissal to 2nd Circuit TRUSTED MEDIA: Tovey Suit Moved to Southern District of California UBS FINANCIAL: Lampkin Asks Supreme Ct. to Review Case Dismissal UNITED INDUSTRIES: Bassaw Says Pesticide Not Effective UNITED STATES: Smith Files Class Suit in Federal Claims Ct. USHEALTH GROUP: Jones Suit Removed to Kansas Dist. Ct. VECTOR STRUCTURAL: Osorio Suit Moved From S.D.N.Y. to E.D.N.Y. VERINT SYSTEMS: Mediation Ongoing in Class Suit Against Unit VINTAGE KING AUDIO: Diaz Files ADA Suit in S.D. New York WANGS ALLIANCE: Lovelace Seeks OT Wages for Manual Workers WHIRLPOOL CORP: Schechner Submits Sealed Appeal to Sixth Circuit WOODLANDS FRANCHISE: Ivory Seeks to Recover Overtime Pay Under FLSA ********* 15 JOHN CORP: LaJaunie Appeals From Judgment in Murphy FLSA Suit ---------------------------------------------------------------- Defendant Philippe LaJaunie filed an appeal from a District Court judgment issued on August 1, 2019, in the lawsuit entitled Ethan Murphy, et al. v. Philippe Lajaunie, et al., Case No. 1:13-cv-06503, in the U.S. District Court for the Southern District of New York (New York City). The appellate case is captioned as Murphy, et al. v. LaJaunie, Case No. 19-2705, in the United States Court of Appeals for the Second Circuit. As previously reported in the Class Action Reporter, Mr. LaJaunie filed an appeal from a court order entered on August 10, 2016. That appellate case is styled Ethan Murphy, et al. v. Philippe Lajaunie, et al., Case No. 16-3114. Philip Lajaunie is the president of 15 John Corp. The Company sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Case No. 16-12453) on August 25, 2016. The lawsuit alleges violations of the Fair Labor Standards Act. Defendant-Appellant Philippe LaJaunie, of New York City, appears pro se.[BN] Plaintiffs-Appellees Ethan Murphy, et al., are represented by: Denise Andrea Schulman, Esq. JOSEPH & KIRSCHENBAUM LLP 32 Broadway, Suite 601 New York, NY 10004 Telephone: (212) 688-5640 Facsimile: (212) 688-2548 E-mail: denise@jhllp.com 3M COMPANY: Removes Combat Arms Earplugs Suit to W.D. Ky. --------------------------------------------------------- The Defendants remove case captioned as BENJAMIN TYLER MCDOUGLE, on behalf of himself and all others similarly situated, the Plaintiff, vs. 3M COMPANY; 3M OCCUPATIONAL SAFETY LLC; AEARO HOLDINGS, LLC; AEARO INTERMEDIATE, LLC; AEARO, LLC; and AEARO TECHNOLOGIES, LLC, the Defendants, Case No. 19–CI–01029 (Filed July 26, 2019), from Circuit Court of Warren County, Kentucky, to the United States District Court for the Western District of Kentucky, Bowling Green Division on Aug. 30, 2019. The Western District of Kentucky Court Clerk assigned Case No. 1:19-cv-00115-GNS to the proceeding. McDougle filed the products-liability action alleging that dual-ended Combat Arms earplugs he was provided during his military service and allegedly designed or manufactured by the "Aearo Defendants" were defective. McDougle began his military service in 2014 and was discharged in 2016, the same year he was allegedly diagnosed with noise induced hearing loss. McDougle seeks compensatory damages, with interest, costs of suit, and attorneys' fees, and punitive damages.[BN] Counsel for the Plaintiff are: David O'Brien Suetholz, Esq. J. Gerrard Stranch, IV, Esq. BRANSTETTER, STRANCH & JENNINGS, PLLC 515 Park Avenue Louisville, KY 40208 Telephone: (502) 636–4333 E-mail: davids@bsjfirm.com gerards@bsjfirm.com Counsel for the Defendants are: Byron N. Miller, Esq. Michael J. Bender, Esq. THOMPSON MILLER & SIMPSON PLC 734 West Main Street, Suite 400 Louisville, KY 40202 Telephone: (502) 585-9900 Facsimile: (502) 585-9993 E-mail: bmiller@tmslawplc.com mbender@tmslawplc.com ACARDIA RECOVERY: Thomas Files FDCPA Suit in S.D. Ohio ------------------------------------------------------ A class action lawsuit has been filed against Arcadia Recovery Bureau, LLC. The case is styled as Mary Thomas individually and on behalf of all others similarly situated, Plaintiff v. Arcadia Recovery Bureau, LLC, John Does 1-25, Defendants, Case No. 2:19-cv-03868-EAS-EPD (S.D. Ohio, Sept. 5, 2019). The Plaintiff filed the case under the Fair Debt Collection Practices Act. Arcadia Recovery Bureau has been providing accounts receivable management solutions to organizations seeking to bridge the gap between services rendered and payments received since 1973.[BN] The Plaintiff is represented by: Amichai Eitan Zukowsky, Esq. 23811 Chagrin Blvd., Ste. 160 Beachwood, OH 44122 Phone: (216) 800-5529 Fax: (216) 514-4987 Email: ami@zukowskylaw.com AKORN INC: Ruling on Plaintiff Counsel Fees under Appeal -------------------------------------------------------- The case SHAUN HOUSE, On Behalf of Himself and All Others Similarly Situated, the Plaintiff, v. AKORN, INC., JOHN N. KAPOOR, KENNETH S. ABRAMOWITZ, ADRIENNE L. GRAVES, RONALD M. JOHNSON, STEVEN J. MEYER, TERRY A. RAPPUHN, BRIAN TAMBI, and ALAN WEINSTEIN, the Defendants, Case No. 19-2408, is an appeal filed on July 24, 2019 by Plaintiff to the United States Court of Appeals for the Seventh Circuit from the Court's Memorandum Opinion and Order dated June 24, 2019, which ordered Plaintiff's counsel to return the attorney's fees the Defendants agreed to pay. House et al sued Akorn and members of its board of directors seeking certain disclosures regarding a proposed acquisition by Frensenius Kabi AG. See 17 C 5018, R. 53 (House v. Akorn, Inc., 2018 WL 4579781 (N.D. Ill. Sept. 25, 2018)); 17 C 5016, R. 81 (Berg v. Akorn, Inc., 2017 WL 5593349 (N.D. Ill. Nov. 21, 2017)). After Akorn revised its proxy statement and issued a Form 8-K, Plaintiffs dismissed their lawsuits and settled for attorney's fees. Shortly thereafter, Theodore Frank, an owner of 1,000 Akorn shares, sought to intervene to object to the attorneys' fee settlement. The Court eventually denied Frank's motion to intervene, but in light of Frank's arguments, ordered Defendants to file a brief addressing whether the Court should exercise its inherent authority to abrogate the settlement agreements under the standard set forth In re Walgreen Co. Stockholder Litigation, 832 F.3d 718, 725 (7th Cir. 2016).[BN] Counsel for the Plaintiff are: Miles D. Schreiner, Esq. Juan E. Monteverde, Esq. MONTEVERDE & ASSOCIATES PC The Empire State Building 350 Fifth Avenue, Suite 4405 New York, NY 10118 Telephone.: (212) 971-1341 Facsimile: (212) 202-7880 E-mail: mschreiner@monteverdelaw.com jmonteverde@monteverdelaw.com - and - Paul D. Malmfeldt, Esq. BLAU & MALMFELDT 566 West Adams Street, Suite 600 Chicago, IL 60661 Telephone: (312) 443-1600 Facsimile: (312) 443-1665 E-mail: pmalmfeldt@blau-malmfeldt.com AMERICAN INT'L: Artiste Suit Moved to Central Dist. of California ----------------------------------------------------------------- The case, Maison D Artiste, individually and on behalf of other persons similarly situated, the Plaintiff, vs. American International Group, Inc., Lexington Insurance Company, and Does 1-100, the Defendants, Case No. 19STCV26391, was removed from the Superior Court County of Los Angeles, to the U.S. District Court for the Central District of California (Western Division - Los Angeles) on Aug 30, 2019. The Central District of California Court Clerk assigned Case No. 2:19-cv-07574 to the proceeding. The suit demands $5 million in damages and alleges insurance-related issues. American International is an American multinational finance and insurance corporation with operations in more than 80 countries and jurisdictions. As of December 31, 2016, AIG companies employed 56,400 people.[BN] The Plaintiff appears pro se. Attorneys for the Defendants are: Sonia Renee Martin, Esq. DENTONS US LLP Spear Tower One Market Plaza 24th Floor San Francisco, CA 94105 Telephone: (415) 882-2476 Facsimile: (415) 267-4198 E-mail: sonia.martin@dentons.com ARS NATIONAL: Armitage Files FDCPA Suit in Illinois --------------------------------------------------- A class action lawsuit has been filed against ARS National Services Inc. The case is styled as Linda Armitage on behalf of herself and others similarly situated, Plaintiff v. ARS National Services Inc., Defendant, Case No. 1:19-cv-05958 (N.D. Ill., Sept. 5, 2019). The Plaintiff filed the case under the Fair Debt Collection Practices Act. ARS National Services, Inc. offers accounts receivable management services. It caters to financial services organizations; banks; and credit card companies. The company is based in Escondido, California.[BN] The Plaintiff is represented by: Celetha Chatman, Esq. Michael Jacob Wood, Esq. Community Lawyers Group, Ltd. 20 North Clark Street, Suite 3100 Chicago, IL 60602 Phone: (312) 757-1880 Email: cchatman@communitylawyersgroup.com mwood@communitylawyersgroup.com ARS NATIONAL: Maymi Files FDCPA Suit in E.D. New York ----------------------------------------------------- A class action lawsuit has been filed against ARS National Services Inc. The case is styled as Wilson Maymi individually and on behalf of all others similarly situated, Plaintiff v. ARS National Services Inc., Defendant, Case No. 1:19-cv-05046 (E.D. N.Y., Sept. 5, 2019). The Plaintiff filed the case under the Fair Debt Collection Practices Act. ARS National Services, Inc. offers accounts receivable management services. It caters to financial services organizations; banks; and credit card companies. The company is based in Escondido, California.[BN] The Plaintiff is represented by: David M. Barshay, Esq. Craig B. Sanders, Esq. Barshay Sanders, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Phone: (516) 203-7600 Fax: (516) 281-7601 Email: dbarshay@barshaysanders.com csanders@barshaysanders.com ATLANTIC CREDIT: Faces Lopez Suit in District of New Jersey ----------------------------------------------------------- A class action lawsuit has been filed against Atlantic Credit & Finance, Inc. The case is captioned as JOSE LOPEZ, on behalf of him and all others similarly situated, the Plaintiff, vs. ATLANTIC CREDIT & FINANCE, INC., the Defendant, Case No. 2:19-cv-17033-KSH-CLW (D.N.J., Aug 21, 2019). The suit alleges violation of Fair Debt Collection Act. The case is assigned to the Hon. Judge Katharine S. Hayden. Atlantic Credit provides financial services. The Company offers unsecured and consumer distressed assets, as well as collection and management services. Atlantic Credit & Finance serves clients in the States of Virginia and Minnesota.[BN] Attorneys for the Plaintiff are: Lawrence C. Hersh, Esq. 17 Sylvan Street, Suite 102B Rutherford, NJ 07070 Telephone: (201) 507-6300 E-mail: lh@hershlegal.com BEL USA: Reid Asserts Breach of Disabilities Act ------------------------------------------------ Bel USA LLC is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled as Valentin Reid, other on behalf of himself and all others similarly situated, Plaintiff v. Bel USA LLC, Defendant, Case No. 1:19-cv-08242 (S.D. N.Y., Sept. 4, 2019). Bel USA LLC is a printer and online retailer of customized promotional products, including mugs, drinkware, t-shirts, tote bags, pens and a variety of other printed items.[BN] The Plaintiff is represented by: David Paul Force, Esq. Stein Saks, PLLC 285 Passaic Street Hackensack, NJ 07601 Tel: (201) 282-6500 Email: dforce@steinsakslegal.com BEST BUDZ: Fails to Pay Technicians' Minimum & OT Wages, Lee Says ----------------------------------------------------------------- COURTNEY LEE, on behalf of herself and all others similarly situated v. BEST BUDZ LLC, a Colorado limited liability company, and TYSON RINGSTROM, an individual, Case No. 1:19-cv-02430 (D. Colo., Aug. 27, 2019), is brought on behalf of all cannabis trimmers, harvesters, grow technicians, cultivators, and like positions employed by Best Budz in Colorado for alleged violations of the Fair Labor Standards Act. The Plaintiff alleges that the Defendants violated the FLSA and the applicable Colorado Minimum Wage Order by failing to pay technicians (regardless of actual job title) (i) the applicable minimum wage for all hours worked; and (ii) overtime compensation at the proper regular rates of pay. Best Budz is a Colorado limited liability company having a principal office address of 3729 Austin Bluffs Parkway, in Colorado Springs, Colorado. Mr. Ringstrom is the sole member of Best Budz. The Defendants operate a cannabis retail dispensary.[BN] The Plaintiff is represented by: Paul F. Lewis, Esq. Michael D. Kuhn, Esq. Andrew E. Swan, Esq. LEWIS KUHN SWAN PC 620 North Tejon Street, Suite 101 Colorado Springs, CO 80903 Telephone: (719) 694-3000 Facsimile: (866) 515-8628 E-mail: plewis@lks.law mkuhn@lks.law aswan@lks.law BLACKBAUD INC: Brown Appeals C.D. California Ruling to 9th Cir. --------------------------------------------------------------- Plaintiff William Brown filed an appeal from a Court ruling in the lawsuit titled William Brown v. Blackbaud, Inc., Case No. 2:18-cv-03549-AB-KS, in the U.S. District Court for the Central District of California, Los Angeles. As previously reported in the Class Action Reporter, the lawsuit was initiated on April 26, 2018, and assigned to Judge Andre Birotte Jr. and referred to Magistrate Judge Karen L. Stevenson. Blackbaud, Inc. provides cloud software solutions to nonprofits, foundations, corporations, education institutions, healthcare organizations, and other charitable giving entities primarily in the United States, Canada, the United Kingdom, and Australia. Blackbaud, Inc. was founded in 1981 and is headquartered in Charleston, South Carolina. The appellate case is captioned as William Brown v. Blackbaud, Inc., Case No. 19-55990, in the United States Court of Appeals for the Ninth Circuit. The briefing schedule in the Appellate Case is set as follows: -- Transcript must be ordered by September 23, 2019; -- Transcript is due on October 22, 2019; -- Appellant William Brown's opening brief is due on December 2, 2019; -- Appellee Blackbaud, Inc.'s answering brief is due on December 31, 2019; -- Appellant's optional reply brief is due 21 days after service of the answering brief.[BN] Plaintiff-Appellant WILLIAM BROWN, on Behalf of Himself and all Others Similarly Situated, is represented by: Yeremey O. Krivoshey, Esq. Lawrence Timothy Fisher, Esq. Joel D. Smith, Esq. BURSOR & FISHER, P.A. 1990 N. California Boulevard, Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: ykrivoshey@bursor.com ltfisher@bursor.com jsmith@bursor.com - and - Scott A. Bursor, Esq. BURSOR & FISHER, P.A. 888 Seventh Avenue New York, NY 10019 Telephone: (212) 989-9113 Facsimile: (212) 989-9163 E-mail: scott@bursor.com Defendant-Appellee BLACKBAUD, INC. is represented by: Nancy R. Thomas, Esq. MORRISON & FOERSTER LLP 707 Wilshire Boulevard, Suite 6000 Los Angeles, CA 90017 Telephone: (213) 892-5200 E-mail: NThomas@mofo.com - and - James R. McGuire, Esq. MORRISON & FOERSTER LLP 425 Market Street San Francisco, CA 94105-2482 Telephone: (415) 268-7013 E-mail: jmcguire@mofo.com CADILLAC LOUNGE: Fails to Pay Dancers Minimum Wages, Molina Says ---------------------------------------------------------------- DAIMARIE PABON MOLINA on Behalf of Herself and on Behalf of All Others Similarly Situated v. THE CADILLAC LOUNGE, L.L.C., both d/b/a THE CADILLAC LOUNGE, VALENTINO LOMBARDI, Case No. 1:19-cv-00446 (D.R.I., Aug. 26, 2019), alleges that the Defendants required and/or permitted the Plaintiff and others to work as exotic dancers at their adult entertainment club but refused to compensate them at the applicable minimum wage, in violation of the Fair Labor Standards Act. The Cadillac Lounge, L.L.C., doing business as Cadillac Lounge, operates an adult entertainment club in Rhode Island. Valentino D. Lombardi is an officer of the Company, and owns and manages Cadillac Lounge.[BN] The Plaintiff is represented by: Thomas J. Enright, Esq. ENRIGHT LAW LLC 696 Reservoir Avenue Cranston, RI 02910 Telephone: (401) 526-2620 Facsimile: (401) 457-7117 E-mail: tom@enrightlawoffice.com - and - Gabriel A. Assaad, Esq. KENNEDY HODGES, L.L.P. 4409 Montrose Blvd., Suite 200 Houston, TX 77006 Telephone: (713) 523-0001 Facsimile: (713) 523-1116 E-mail: gassaad@kennedyhodges.com CAPITAL ONE: Stirnweis Seeks OT Pay for Insurance Specialists ------------------------------------------------------------- Virginia Stirnweis, the Plaintiff, vs. Capital One Services, LLC, Capital One Financial Corporation, and Capital One, National Association, the Defendants, Case No. 3:19-cv-00637 (E.D. Va., Aug. 30, 2019), seeks unpaid overtime pursuant to the Fair Labor Standards Act of 1938. The Plaintiff was employed by Capital One as a Corporate Insurance Specialist, also called a risk specialist. She regularly worked more than 40 hours per workweek for the Defendants without receiving overtime compensation as required under the FLSA. The lawsuit contends that Capital One wrongly classified Plaintiff and other Corporate Insurance Specialists or risk specialist as exempt from overtime under the FLSA. The Plaintiff also asserts claims for declaratory relief that a specific provision of her severance agreement is unenforceable such that Plaintiff will be permitted to pursue her FLSA claims on a collective basis without being in breach of such Agreement. Capital One is a bank holding company specializing in credit cards, auto loans, banking, and savings accounts, headquartered in McLean, Virginia. Capital One is ranked 10th on the list of largest banks in the United States by assets.[BN] Attorney for the Plaintiff are: Craig Juraj Curwood, Esq. CURWOOD LAW FIRM 530 E. Main Street, Suite 710 Richmond, VA 23219 Telephone: (804) 788-0808 Facsimile: (804) 767-6777 E-mail: ccurwood@curwoodlaw.com CARDINAL HEALTH: Nguyen Seeks Overtime Wages for Pharmacists ------------------------------------------------------------ NANCY NGUYEN, individually and on behalf of all others similarly situated, the Plaintiff, vs. CARDINAL HEALTH PHARMACY SERVICES, LLC, a Delaware Limited Liability Company; CARDINAL HEALTH, INC., an Ohio Corporation; 504 CARDINAL HEALTH PHARMACY SERVICES, an unknown association; 504 CARDINAL HEALTH PHARMACY SERVICES d.b.a. CARDINAL HEALTH, an unknown association; and DOES 1 to 100, inclusive, Case No. 34-2019-00263185 (Cal. Super., Aug. 21, 2019), alleges that Defendants failed to pay overtime wages and committed meal period violations, rest period violation, wage statement violations, and waiting time penalties pursuant to the California Labor Code. The Plaintiff brings the class action of behalf of all non-exempt, hourly employees who worked for Defendants in California as a pharmacist, pharmacy technician, or similar position. The Plaintiff worked for Defendants from approximately March 1, 2016 to February 14,2019. The Defendants failed to compensate Plaintiff and similarly situated employees for all overtime owed. The Defendants also failed to authorize and permit Plaintiff and similarly situated employees to take all meal and rest periods owed to them, including first meal periods before the completion of their fifth hour of work, and second meal periods and third rest periods when Plaintiff and similarly situated employees worked over 10 hours in a shift.[BN] Attorneys for the Plaintiff are: Galen Shimoda, Esq. Justin Rodriguez, Esq. Brittany V. Berzin, Esq SHIMODA LAW CORP. 9401 East Stockton Blvd., Suite 200 Elk Grove, CA 95624 Telephone: (916) 525-0716 Facsimile: (916) 760-3733 CAWLEY & BERGMANN: Muldowney Files FDCPA Class Action in New York ----------------------------------------------------------------- A class action lawsuit has been filed against Cawley & Bergmann, LLC. The case is styled as Matthew Muldowney, individually and on behalf of all others similarly situated, Plaintiff v. Cawley & Bergmann, LLC and JHPDE Finance 1, LLC, Defendants, Case No. 5:19-cv-01086-GTS-ML (N.D. N.Y., Sept. 3, 2019). The docket of the case states the nature of suit as Consumer Credit filed pursuant to the Fair Debt Collection Practices Act. Cawley & Bergmann, LLC is a debt collection agency.[BN] The Plaintiff is represented by: Craig B. Sanders, Esq. Barshay Sanders, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Tel: (516) 203-7600 Fax: (516) 281-7601 Email: csanders@barshaysanders.com CELLECTRIC ELECTRICAL: Sherman Suit Alleges Breach of Contract -------------------------------------------------------------- A class action lawsuit has been filed against Cellectric Electrical, LLC. The case is styled as Steve Sherman, Randy Ryan and all employees similarly situated, Plaintiffs v. Cellectric Electrical, LLC and Motorola Solutions, Inc., Defendants, Case No. C-04-CV-19-000396 (Md. Cir., Sept. 3, 2019). The case type is stated as Contract - Breach. Cellectric Electrical Llc is a licensed and bonded freight shipping and trucking company running freight hauling business from East Syracuse, New York.[BN] The Plaintiff is represented by: IAN THOMAS VALKENET, Esq. 600 WYNDHURST AVENUE STE 230 BALTIMORE, MD 21210 CENTENE CORPORATION: Fails to Pay Proper Wages, Del Toro Says ------------------------------------------------------------- KRISTI DEL TORO, individually, and on behalf of all others similarly situated, Plaintiff v. CENTENE CORPORATION; ENVOLVE PHARMACY SOLUTIONS, INC.; US SCRIPT LLC (dba US SCRIPT, INC.); and DOES 1 through 10, inclusive, Defendants, Case No. 5:19-cv-05163-NC (N.D. Cal., Aug. 19, 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 Del Toro was employed by the Defendants as non-exempt employee. Centene Corporation operates as a multi-line managed care organization that provides medicaid and medicaid-related programs. The Company offers health plans in several states. Centene also provides specialty services including behavioral health, nurse triage, and treatment compliance. [BN] The Plaintiff is represented by: Ronald H. Bae, Esq. Olivia D. Scharrer, Esq. AEQUITAS LEGAL GROUP 1156 E. Green Street, Suite 200 Pasadena, CA 91106 Telephone: (213) 674-6080 Facsimile: (213) 674-6081 E-mail: rbae@AequitasLegalGroup.com oscharrer@AequitasLegalGroup.com CHARTER COMMUNICATIONS: Removes Gonzales Suit to C.D. California ---------------------------------------------------------------- Defendant Charter Communications, LLC removed on August 30, 2019), the lawsuit titled DARIO GONZALES and MARTIN PALACIOS, individually and on behalf of all others similarly situated v. Charter Communications, LLC, and Does 1 through 100, inclusive, Case No. 19STCV22289, from the Superior Court of the State of California for the County of Los Angeles to the U.S. District Court for the Central District of California. The District Court Clerk assigned Case No. 2:19-cv-07567 to the proceeding. On June 26, 2019, Plaintiffs Dario Gonzales and Martin Palacios filed this unverified putative class action complaint for damages. The Plaintiffs allege violations in eleven causes of action against the Defendants, including failure to pay minimum wage/overtime and failure to provide accurate itemized wage statements.[BN] Defendant CHARTER COMMUNICATIONS, LLC is represented by: Max Fischer, Esq. Aimee Mackay, Esq. Megan McDonough, Esq. MORGAN, LEWIS & BOCKIUS LLP 300 South Grand Avenue, Twenty-Second Floor Los Angeles, CA 90071-3132 Telephone: (213) 612-2500 Facsimile: (213) 612-2501 E-mail: max.fischer@morganlewis.com aimee.mackay@morganlewis.com megan.mcdonough@morganlewis.com CHESAPEAKE LODGING: Agrees to Resolve Kent Class Action ------------------------------------------------------- Chesapeake Lodging Trust said in its Form 8-K filing with the U.S. Securities and Exchange Commission filed on September 3, 2019, that the company and Park Hotels & Resorts Inc. agrees to resolve the class action suit entitled, Kent v. Chesapeake Lodging Trust, et al., No. 1:19-cv-01201 (D.Del.) On May 5, 2019, Chesapeake's Board of Trustees caused the Chesapeake to enter into an agreement and plan of merger with Park Hotel & Resorts Inc., PK Domestic Property LLC, and PK Domestic Sub LLC. On September 2, 2019, Chesapeake Lodging Trust, a Maryland real estate investment trust ("Chesapeake") and Park Hotels & Resorts Inc., a Delaware corporation ("Park"), reached an agreement to resolve two lawsuits on behalf of Chesapeake shareholders, including a purported class action, filed in the United States District Court for the District of Delaware. The purported class action is captioned Kent v. Chesapeake Lodging Trust, et al., No. 1:19-cv-01201 (D.Del.) (the "Kent Action"), and the other action is Terlinden v. Chesapeake Lodging Trust, et al., No. 1:19-cv-01263 (D.Del) (the "Terlinden Action," and together with the Kent Action, the "Actions"). The Actions challenge the proposed merger of Chesapeake with and into a subsidiary of Park (the "Merger"), in particular the adequacy of the disclosure found in the Preliminary Proxy Statement/Prospectus forming a part of the Registration Statement on Form S-4 filed by Park with the Securities and Exchange Commission ("SEC") on June 14, 2019 (the "Preliminary Proxy Statement/Prospectus"). In connection with resolution of the Actions, Chesapeake has agreed to make an amended and supplemental disclosures (the "Amended and Supplemental Disclosures") to the Definitive Proxy Statement/Prospectus filed by Park with the SEC on July 25, 2019 (the "Definitive Proxy Statement/Prospectus"). The Amended and Supplemental Disclosures should be read in conjunction with the Definitive Proxy Statement/Prospectus, which should be read in its entirety. Plaintiffs have agreed that they will dismiss the Actions with prejudice as to the named plaintiffs only and, with regard to the Kent Action, without prejudice to the putative class. A copy of the amended and supplemental disclosure is available at https://bit.ly/2lFUiYQ. Chesapeake Lodging Trust, incorporated on June 12, 2009, is a real estate investment trust. The Company is focused on investments primarily in upper-upscale hotels in various business and convention markets and, on a selective basis, select-service hotels in urban settings or other locations in the United States. The Company operates through the hotel ownership segment. The company is based in Arlington Virginia. CLOUDERA INC: Still Defends 3 Securities Class Suit in California ----------------------------------------------------------------- Cloudera, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on September 4, 2019, for the quarterly period ended July 31, 2019, that the company continues to defend three class securities class action suits in California. On June 7, 2019, a purported class action complaint was filed in the United States District Court for the Northern District of California, entitled Christie v. Cloudera, Inc., et al., Case No. 5:19-cv-3221-LHK. The complaint names as defendants Cloudera, its former Chief Executive Officer, its Chief Financial Officer and a former officer and director. The action purports to assert claims on behalf of Cloudera stockholders under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and SEC Rule 10b-5. The complaint alleges that defendants made false and misleading statements that artificially inflated the price of Cloudera stock between April 28, 2017 and June 5, 2019. Two substantially similar class action complaints, entitled Zarantonello v. Cloudera, Inc., et al., Case No. 3:19-cv-4007-MMC, and Dvornic v. Cloudera, Inc., et al., Case No. 3:19-cv-4310-SI, were subsequently filed against the same defendants in the same court. The suits seek, among other things, an award of damages and attorneys' fees and costs. Cloudera believes that the allegations in the lawsuits are without merit. Cloudera, Inc. provides platform for machine learning and analytics in the United States, Europe, and Asia. The company operates through two segments, Subscription and Services. Cloudera, Inc. was founded in 2008 and is headquartered in Palo Alto, California. COLLECTION RESOURCES: Duffy Files FDCPA Suit in W.D. Michigan ------------------------------------------------------------- A class action lawsuit has been filed against Collection Resources Incorporated. The case is styled as Sean Duffy individually and on behalf of all others similarly situated, Plaintiff v. Collection Resources Incorporated, John Does 1-25, Defendants, Case No. 1:19-cv-00726 (W.D. Mich., Sept. 5, 2019). The Plaintiff filed the case under the Fair Debt Collection Practices Act. Collection Resources Incorporated (CRI) Medical Collections is a collection agency specializing in debt recovery of past due patient accounts and commercial debt.[BN] The Plaintiff is represented by: Yaakov Saks, Esq. Stein Saks, PLLC 285 Passaic Street Hackensack, NJ 07601 Phone: (201) 282-6500 ext 101 Fax: (201) 282-6501 Email: ysaks@steinsakslegal.com CONDOR HOSPITALITY: NexPoint Merger Docs Omit Info, Sabatini Says ----------------------------------------------------------------- The case, ERIC SABATINI, Individually and On Behalf of All Others Similarly Situated, the Plaintiff, vs. CONDOR HOSPITALITY TRUST, INC., J. WILLIAM BLACKHAM, DANIEL R. ELSZTAIN, DONALD J. LANDRY, DAPHNE J. DUFRESNE, THOMAS CALAHAN, BRENDAN MACDONALD, BENJAMIN WALL, NOAH DAVIS, MATIAS I. GAIVIRONSKY, NHT OPERATING PARTNERSHIP, LLC, NHT REIT MERGER SUB, LLC, NHT OPERATING PARTNERSHIP II, LLC, and CONDOR HOSPITALITY LIMITED PARTNERSHIP, the Defendants, Case No. 1:19-cv-01564-UNA (D. Del., Aug. 23, 2019), stems from a proposed transaction announced on July 22, 2019, pursuant to which Condor Hospitality Trust, Inc. will be acquired by affiliates of NexPoint Hospitality Trust. On July 19, 2019, Condor's Board of Directors caused the Company to enter into the Merger Agreement with NHT Operating Partnership, LLC, NHT REIT Merger Sub, LLC, NHT Operating Partnership II, LLC, and Condor Hospitality Limited Partnership. Pursuant to the terms of the Merger Agreement, Condor's stockholders will receive $11.10 in cash for each share of Condor they own. On August 9, 2019, defendants filed a proxy statement with the United States Securities and Exchange Commission in connection with the Proposed Transaction. The Proxy Statement omits material information with respect to the Proposed Transaction, which renders the Proxy Statement false and misleading. With respect to KeyBanc's Premiums Paid Analysis, the Proxy Statement fails to disclose: (i) the transactions observed by KeyBanc in the analysis; and (ii) the premiums paid in the transactions. The Proxy Statement also fails to disclose a fair summary of any discounted cash flow analysis and net present value analysis performed by KeyBanc. The disclosure of projected financial information is material because it provides stockholders with a basis to project the future financial performance of a company, and allows stockholders to better understand the financial analyses performed by the company's financial advisor in support of its fairness opinion. Moreover, when a banker's endorsement of the fairness of a transaction is touted to shareholders, the valuation methods used to arrive at that opinion as well as the key inputs and range of ultimate values generated by those analyses must also be fairly disclosed. The Proxy Statement also omits material information regarding potential conflicts of interest of KeyBanc. The Proxy Statement fails to disclose the timing and nature of the past services KeyBanc provided to NexPoint and its affiliates. The Proxy Statement also fails to disclose the timing and nature of all communications regarding KeyBanc and/or its affiliates providing acquisition financing to NexPoint and its affiliates in connection with the Proposed Transaction.[BN] Attorneys for the Plaintiff are: Gina M. Serra, Esq. Brian D. Long, Esq. RIGRODSKY & LONG, P.A. 300 Delaware Avenue, Suite 1220 Wilmington, DE 19801 Telephone: (302) 295-5310 Facsimile: (302) 654-7530 E-mail: 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 Telephone: (484) 324-6800 Facsimile: (484) 631-1305 E-mail: rm@maniskas.com CONDOR HOSPITALITY: Raul Challenges Proposed Sale to NexPoint ------------------------------------------------------------- TAMMY RAUL, Individually and on Behalf of All Others Similarly Situated v. CONDOR HOSPITALITY TRUST, INC., J. WILLIAM BLACKHAM, DANIEL R. ELSZTAIN, DONALD J. LANDRY, DAPHNE J. DUFRESNE, THOMAS CALAHAN, BRENDAN MACDONALD, BENJAMIN WALL, NOAH DAVIS, and MATIAS I. GAIVIRONSKY, Case No. 1:19-cv-07968 (S.D.N.Y., Aug. 26, 2019), alleges violations of the Securities Exchange Act of 1934 in connection with the proposed sale of the Company to NexPoint Hospitality Trust. On July 22, 2019, Condor entered into an Agreement and Plan of Merger with NexPoint. NexPoint is the operating partnership of NexPoint Hospitality Trust, an unincorporated, open-ended real estate investment trust established pursuant to a declaration of trust under the laws of the Province of Ontario. NexPoint, through NHT, owns 55.6% of the Company's common stock and 100% of its Series E Preferred Stock. Pursuant to the terms of the Merger Agreement, NexPoint will acquire all outstanding common shares of Condor for $11.10 per share in an all-cash transaction valued at approximately $318 million. The Plaintiff, an owner of Condor common stock, alleges that in order to convince Condor's stockholders to vote in favor of the Proposed Transaction, the Board of Directors authorized the filing of a materially incomplete and misleading preliminary proxy statement with the SEC. The Plaintiff contends that the Proxy Statement contains financial projections prepared by Condor in connection with the Proposed Transaction, but fails to provide material information concerning such. Condor is a Maryland corporation with its principal executive offices located in Bethesda, Maryland. The Individual Defendants are directors and officers of the Company. Condor is a real estate investment trust that specializes in the ownership of premium-branded select-service, extended-stay, and limited-service hotels in the upper-midscale and upscale segments that are primarily located in the top 100 MSAs in the United States. The Company's new investment strategy hotels are franchised under premium brands such as Hilton, Marriott, and IHG and are operated by third-party management companies.[BN] The Plaintiff is represented by: Joshua M. Lifshitz, Esq. LIFSHITZ & MILLER LLP 821 Franklin Avenue, Suite 209 Garden City, NY 11530 Telephone: (516) 493-9780 Facsimile: (516) 280-7376 E-mail: jml@jlclasslaw.com CREDENCE RESOURCE: Diez Asserts Breach of FDCPA in New York ----------------------------------------------------------- A class action lawsuit has been filed against Credence Resource Management LLC. The case is styled as Brian Diez, individually and on behalf of all others similarly situated, Plaintiff v. Credence Resource Management LLC, Defendant, Case No. 2:19-cv-05022 (E.D. N.Y., Sept. 4, 2019). The docket of the case states the nature of suit as Consumer Credit filed pursuant to the Fair Debt Collection Practices Act. Credence Resource Management LLC or CRM is a debt collection agency.[BN] The Plaintiff is represented by: David M. Barshay, Esq. Barshay Sanders, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Tel: (516) 203-7600 Fax: (516) 706-5055 Email: dbarshay@barshaysanders.com - and - Craig B. Sanders, Esq. Barshay Sanders, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Tel: (516) 203-7600 Fax: (516) 281-7601 Email: csanders@barshaysanders.com CRST EXPEDITED: Tapia Suit Moved to Central District of California ------------------------------------------------------------------ The case captioned as JOSEPH TAPIA an individual and on behalf of all others similarly situated, the Plaintiff, vs. CRST EXPEDITED INC, CRST INTERNATIONAL INC.; and DOES 1 through 10, inclusive, the Defendants, Case No. CIV-DS-19-20423 (Filed July 16, 2019), was removed from the Superior Court of San Bernardino County, to the US District Court for the Central District of California on Aug. 30, 2019. The Central District of California Court Clerk assigned Case No. 5:19-cv-01665 to the proceeding. The case is a California class action for wage and labor violations arising out of Defendants failure to fully compensate its driver trainees according to law.[BN] Attorneys for the Plaintiff are: Joshua H Haffner, Esq. Graham G Lambert, Esq. HAFFNER LAW PC 445 South Figueroa Street Suite 2625 Los Angeles CA 90071 Telephone: 213 514 5681 Facsimile: 213 514 5682 E-mail: jhh@haffnerlawyers.com gl@haffnerlawyers.com DAVID MARCUS: Ybarra Seeks Overtime Pay for Office Staff -------------------------------------------------------- CECILIA YBARRA, an individual, the Plaintiff, vs. DAVID MARCUS MD, INC., a California Corporation; DAVID MARCUS MD, an individual; and DOES 1 through 20, inclusive, the Defendants, Case No. 19STCV29567 (Cal. Super, Aug. 21, 2019), alleges that Defendants failed to pay minimum wages, failed to furnish wage and hour statements, failed to provide meal and rest period compensation, failed to pay wages in a timely manner, and failed to pay overtime compensation under the California Labor Code. The Plaintiff began working for Defendants on or about August 2017 as an office manager. From the beginning of her employment until on or about December 2017 Plaintiff worked roughly 10-12 hours per week. During that time and thereafter, the Defendants commenced a practice of failing and refusing to provide Plaintiff with the compensation to which she was entitled under the Labor Code. The Defendants further required that Plaintiff be available beyond the 40 hour work week to tend to any office or patient needs, the lawsuit says. The Plaintiff was responsible for answering phone calls to the office, communicating with insurance companies and pharmacies regarding patients that Defendants treated, helping patients fill out various forms and questionnaires for the treating psychiatrist, Dr. Marcus, and completing basic assistant tasks for Dr. Marcus, such as running errands on his behalf and securing office supplies. Moreover, Defendants did not even compensate Plaintiff at her regular rate of pay for all of her hours worked within the 40 hour work week. While Plaintiff generally worked at least eight hours per day, even on those days she did not work overtime, Defendants only paid her for 20 hours of work per week, the lawsuit says. The Defendants owned and/or operated a psychiatry practice.[BN] Attorneys for the Plaintiff are: Jonathan P. LaCour, Esq. LisaNoveck, Esq. EMPLOYEES FIRST LABOR LAW P.C. 225 S. Lake Ave., 3rd Floor Pasadena, CA 91101 Telephone: (310) 853-3461 Facsimile: (949) 743-5442 E-mail: lisan@pierrelacour.com jonathanl @pierrelacour.com DELTA AIRLINES: Ruling in Pimentel Labor Suit under Appeal ---------------------------------------------------------- The case, Nicholas Pimentel, individually and on behalf of all other persons similarly situated, AKA Aasir Azza, the Plaintiff – Appellant, vs. Delta Airlines, Inc., the Defendant – Appellee, Case No. 19-2499 (2nd Cir.), is an appeal filed in the United States Court of Appeals for the Second Circuit on Aug. 12, 2019, from a lower court decision, Case No. 18-cv-2999 (EDNY). The suit alleges violation of Labor Laws. Delta is one of the major airlines of the United States and a legacy carrier. It is headquartered in Atlanta, Georgia. The Plaintiff – Appellant appears pro se. Attorneys for Delta Airlines, Inc. are: Ira G. Rosenstein, Esq. MORGAN, LEWIS & BOCKIUS LLP 101 Park Avenue New York, NY 10178 Telephone: 212 309-6960 ENCORE HEALTH: Jones et al. Suit Transferred to E.D. Pennsylvania ----------------------------------------------------------------- KAREN JONES and NICOLE DORAN, individually and on behalf of all others similarly situated, the Plaintiffs, vs. ENCORE HEALTH RESOURCES, LLC, EMIDS TECHNOLOGIES PVT LTD. CORP., EMIDS TECHNOLOGIES PVT LTD. CORP. f/k/a ENCORE HEALTH RESOURCES, LLC, and SPECIALIST RESOURCES GLOBAL, INC. d/b/a EMIDS TECHNOLOGIES, the Defendants, Case No. 2:19-cv-02682 (Filed July 20, 2019), was transferred from the U.S. District Court for the Eastern District of Pennsylvania, to the U.S. District Court for Southern District of Texas (Houston) on Aug. 30, 2019. The Eastern District of Pennsylvania Court Clerk assigned Case No. 4:19-cv-03298 to the proceeding. The suit alleges violation of the Fair Labor Standards Act. The case is assigned to the Hon. Judge Andrew S. Hanen. Encore Health provides information technology consulting services for the healthcare market. The Company offers health analytics, revenue cycle, and physician advisory services.[BN] Attorneys for the Plaintiffs are: David J. Cohen, Esq. James B Zouras, Esq. Ryan Stephan, Esq. STEPHAN ZOURAS LLP 604 Spruce Street Philadelphia, PA 19106 Telephone: (215) 873-4836 E-mail: rstephan@stephanzouras.com Attorneys for the Defendants are: Stephen H. Barrett, Esq. DLA PIPER LLP 1650 Market Street, 49th Floor Philadelphia, PA 19103 Telephone: (215) 665-3165 EXPRESS SCRIPTS: Harrod Appeals Class Cert. Bid Denial to 11th Cir. ------------------------------------------------------------------- Plaintiff Cynthea Harrod filed an appeal from a Court ruling in the lawsuit titled Cynthea Harrod v. Express Scripts, Inc., Case No. 8:17-cv-01607-JSM-TGW, in the U.S. District Court for the Middle District of Florida. As reported in the Class Action Reporter on Sept. 2, 2019, the Hon. James S. Moody, Jr., issued an order in the lawsuit: 1. granting the Defendant's Motion for Summary Judgment; 2. denying as moot the Plaintiff's Motion to Certify Class; 3. directing the Clerk of Court to enter Final Judgment in favor of the Defendant and against the Plaintiff; and 4. directing the Clerk of Court to close this case and terminate any pending motions as moot. A $75 processing fee to obtain certain records forms the basis for this lawsuit. Ms. Harrod claims this fee violates the Florida Deceptive Unfair Trade Practices Act ("FDUTPA"). She also alleges related breach of contract and unjust enrichment claims. The appellate case is captioned as Cynthea Harrod v. Express Scripts, Inc., Case No. 19-13328, in the United States Court of Appeals for the Eleventh Circuit. The briefing schedule in the Appellate Case is set as follows: -- Appellant's Certificate of Interested Persons was due on or before September 10, 2019, as to Appellant Cynthea Harrod; and -- Appellee's Certificate of Interested Persons is due on or before September 24, 2019, as to Appellee Express Scripts, Inc.[BN] Plaintiff-Appellant CYNTHEA HARROD, Individually and o/b/o all others similarly situated, is represented by: Alex C. Davis, Esq. JONES WARD PLC 312 S 4th St., FL 6 Louisville, Kentucky 40202 Telephone: (502) 882-6000 E-mail: alex@jonesward.com - and - Jason Kyle Whittemore, Esq. WAGNER MCLAUGHLIN, P.A. 601 Bayshore Blvd., Suite 910 Tampa, FL 33606 Telephone: (813) 225-4000 E-mail: jason@WagnerLaw.com - and - Tiffany M. Yiatras, Esq. CONSUMER PROTECTION LEGAL, LLC 308 Hutchinson Road Ellisville, MO 63011-2029 Telephone: (855) 391-0378 E-mail: tiffany@consumerprotectionlegal.com Defendant-Appellee EXPRESS SCRIPTS, INC. is represented by: Robert L. Blank, Esq. Tyler J. Derr, Esq. Carie Lynn Hall, Esq. RUMBERGER KIRK & CALDWELL, PA 100 N Tampa St., Suite 2000 Tampa, FL 33602-5830 Telephone: (813) 223-4253 E-mail: rblank@rumberger.com tderr@rumberger.com chall@rumberger.com - and - Douglas B. Brown, Esq. RUMBERGER KIRK & CALDWELL, PA 300 S Orange Ave., Suite 1400 PO BOX 1873 Orlando, FL 32801 Telephone: (407) 872-7300 E-mail: dbrown@rumberger.com - and - Jonathan R. Chally, Esq. Philip E. Holladay, Jr., Esq. KING & SPALDING, LLP 1180 Peachtree St. NE, Suite 1600 Atlanta, GA 30309 Telephone: (404) 572-4600 E-mail: jchally@kslaw.com pholladay@kslaw.com EXXONMOBIL OIL: Kendig Suit Underway in C.D. California ------------------------------------------------------- Michelle Kendig and Jim Kendig, et al. v. ExxonMobil Oil Corporation, et al., remains pending. PBF Holding Company LLC said in its Form 10-Q Report filed with the Securities and Exchange Commission on August 6, 2019, for the quarterly period ended June 30, 2019, that a mediation hearing between the parties in the class action suit entitled, Michelle Kendig and Jim Kendig, et al. v. ExxonMobil Oil Corporation, et al., was scheduled for August 23, 2019. On September 18, 2018, in Michelle Kendig and Jim Kendig, et al. v. ExxonMobil Oil Corporation, et al., PBF Energy Limited and Torrance Refining Company LLC along with ExxonMobil Oil Corporation and ExxonMobil Pipeline Company were named as defendants in a class action and representative action complaint filed on behalf of Michelle Kendig, Jim Kendig and others similarly situated. The complaint was filed in the Superior Court of the State of California, County of Los Angeles and alleges failure to authorize and permit uninterrupted rest and meal periods, failure to furnish accurate wage statements, violation of the Private Attorneys General Act and violation of the California Unfair Business and Competition Law. Plaintiffs seek to recover unspecified economic damages, statutory damages, civil penalties provided by statute, disgorgement of profits, injunctive relief, declaratory relief, interest, attorney's fees and costs. To the extent that plaintiffs' claims accrued prior to July 1, 2016, ExxonMobil has retained responsibility for any liabilities that would arise from the lawsuit pursuant to the agreement relating to the acquisition of the Torrance refinery and logistics assets. On October 26, 2018, the matter was removed to the Federal Court, California Central District. A mediation hearing between the parties is currently scheduled for August 23, 2019. PBF Holding said, "As this matter is in the class certification phase, we cannot currently estimate the amount or the timing of its resolution. We presently believe the outcome will not have a material impact on our financial position, results of operations or cash flows." PBF Holding Company LLC refines and supplies unbranded transportation fuels, heating oil, petrochemical feedstocks, lubricants, and other petroleum products in the United States and internationally. The company was founded in 2008 and is based in Parsippany, New Jersey. PBF Holding Company LLC is a subsidiary of PBF Energy Company LLC. FAIR COLLECTIONS: Ali Files FDCPA Suit in E.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Fair Collections & Outsourcing, Inc. The case is styled as Tracy Antoinette Ali, individually and on behalf of all others similarly situated, Plaintiff v. Fair Collections & Outsourcing, Inc., Defendant, Case No. 2:19-cv-05045 (E.D. N.Y., Sept. 5, 2019). The Plaintiff filed the case under the Fair Debt Collection Practices Act. Fair Collections & Outsourcing, also referred to as FCO, is a debt collection agency.[BN] The Plaintiff is represented by: David M. Barshay, Esq. Craig B. Sanders, Esq. Barshay Sanders, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Phone: (516) 203-7600 Fax: (516) 281-7601 Email: dbarshay@barshaysanders.com csanders@barshaysanders.com FINISAR CORP: Ruling in Calif. Securities Class Suit under Appeal ----------------------------------------------------------------- Finisar Corporation said in its Form 10-Q Report filed with the Securities and Exchange Commission on September 4, 2019, for the quarterly period ended July 28, 2019, that the plaintiffs have filed a notice of appeal from a district court's denial of plaintiffs' motion for class certification and grant of judgment on the pleadings in favor of the company. Several securities class action lawsuits related to the Company's March 8, 2011 earnings announcement alleging claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 have been filed in the United States District Court for the Northern District of California on behalf of a purported class of persons who purchased stock between December 2, 2010 through March 8, 2011. The named defendants are the Company and Jerry Rawls, its former Chief Executive Officer and former Chairman of the Board, and Eitan Gertel, its former Chief Executive Officer. To date, no specific amount of damages has been alleged. The cases were consolidated, a lead plaintiff was appointed and a consolidated complaint was filed. The Company filed a motion to dismiss the case. On January 16, 2013, the District Court granted the Company's motion to dismiss and granted the lead plaintiffs leave to amend the consolidated complaint. An amended consolidated complaint was filed on February 6, 2013. Thereafter, the Company filed a renewed motion to dismiss the case. On September 30, 2013, the District Court granted the Company's motion and dismissed the case with prejudice, and plaintiff appealed. On January 8, 2016, the Ninth Circuit Court of Appeals reversed the judgment in part for further proceedings in the District Court. On July 15, 2016, lead plaintiff filed a Second Amended Complaint in the District Court. On August 19, 2016, the Company moved to dismiss. On May 1, 2017, the District Court denied the motion and a case scheduling order has been issued. On December 5, 2017, the District Court issued an order denying class certification. On February 1, 2018, the plaintiff filed a petition with the Ninth Circuit Court of Appeals for permission to appeal the denial of class certification and, on July 13, 2018, the Ninth Circuit Court of Appeals denied the petition for permission to appeal. On October 10, 2018, the plaintiff filed a new motion for class certification, which the Company opposed. On May 24, 2019, the District Court denied plaintiffs motion for class certification and granted judgement on the pleadings in favor of the Company and the other defendants. The plaintiff filed a notice of appeal on June 20, 2019. Finisar Corporation provides components and subsystems to networking equipment manufacturers, data center operators, telecom service providers, consumer electronics, and automotive companies in the United States, China, Malaysia, and internationally. Finisar Corporation was founded in 1987 and is headquartered in Sunnyvale, California. FORD MOTOR: Ardent Sues over Deceptive Fuel Economy Ratings ----------------------------------------------------------- MARK ARENDT, individually and on behalf of all others similarly situated, Plaintiff v. FORD MOTOR COMPANY, Defendant, Case No. 19-cv-01886 (D. Minn., Aug. 19, 2019) is an action against the Defendant's design, manufacturing, marketing, and sale of 2017-2019 Ford automobiles including 2017-2019 Ford F-150 trucks and 2019 Ford Rangers, with deceptive fuel economy ratings and emissions. The Plaintiff alleges in the complaint that the Defendant's misrepresentations, concealment, and non-disclosure of true fuel economy numbers misled the Plaintiff and Class members into purchasing vehicles of a quality different from what was promised, paying more for Class Vehicles than they otherwise would have, and paying higher fuel costs that they otherwise would not have paid. Ford Motor Company designs, manufactures, and services cars and trucks. The Company also provides vehicle-related financing, leasing, and insurance through its subsidiary. [BN] The Plaintiff is represented by: David A. Goodwin, Esq. Daniel E. Gustafson, Esq. Raina C. Borrelli, Esq. Ling S. Wang, Esq. GUSTAFSON GLUEK PLLC 120 South Sixth Street, Suite 2600 Minneapolis, MN 55402 Telephone: (612) 333-8844 Facsimile: (612) 339-6622 E-mail: dgoodwin@gustafsongluek.com dgustafson@gustafsongluek.com rborrelli@gustafsongluek.com lwang@gustafsongluek.com - and - Simon B. Paris, Esq. Patrick Howard, Esq. Charles J. Kocher, Esq. SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. 1650 Market Street, 52nd Floor Philadelphia, PA 19103 Telephone: (215) 496-8282 Facsimile: (215) 496-0999 E-mail: sparis@smbb.com phoward@smbb.com ckocher@smbb.com GEICO CASUALTY: Tenth Circuit Appeal Initiated in Pearson Suit -------------------------------------------------------------- Plaintiffs Lonnie McRae and Roger Pearson filed an appeal from a Court ruling entered in their lawsuit titled Pearson, et al. v. Geico Casualty Company, Case No. 1:17-CV-02116-CMA-MEH, in the U.S. District Court for the District of Colorado - Denver. As previously reported in the Class Action Reporter, the lawsuit was filed on September 1, 2017, seeking an order enjoining GEICO from continuing to engage in alleged deceptive practices. The Plaintiffs allege that GEICO violated the Colorado's Consumer Protection Act by, inter alia, failing to disclose material information about the automobile insurance policies it provided to the Plaintiffs and the Class Members under, i.e. by failing to disclose GEICO did not, as a uniform business practice, pay title and registration fees associated with a total vehicle loss. As a result of GEICO's deceptive business practices, the Plaintiffs and the Class Members have suffered damage and lost money in that they paid for insurance services they otherwise would not have had the truth been disclosed. GEICO Casualty Company provides property and casualty insurance. The appellate case is captioned as Pearson, et al. v. Geico Casualty Company, Case No. 19-1303, in the United States Court of Appeals for the Tenth Circuit. The briefing schedule in the Appellate Case is set as follows: -- Docketing statement and transcript order form were due on September 10, 2019, for Lonnie McRae and Roger Pearson; and -- Notice of appearance were due on September 10, 2019, for Geico Casualty Company, Lonnie McRae and Roger Pearson.[BN] Plaintiffs-Appellants ROGER PEARSON, on behalf of himself and all others similarly situated and LONNIE MCRAE, on behalf of herself and all others similarly situated, are represented by: Joshua Fields, Esq. Michael L. Kelly, Esq. Behram Viraf Parekh, Esq. KIRTLAND & PACKARD LLP 1638 South Pacific Coast Highway Redondo Beach, CA 90277 Telephone: (310) 536-1000 E-mail: mlk@courtroomwarrior.com bvp@kirtlandpackard.com - and - Brett N. Huff, Esq. HUFF & LESLIE, LLP 2480 Gray Street Edgewater, CO 80214 Telephone: (303) 232-3622 Facsimile: (303) 274-0638 E-mail: bhuff@huffandleslie.com Defendant-Appellee GEICO CASUALTY COMPANY is represented by: Billy George Hertzke, Esq. SENTER GOLDFARB & RICE LLC 3900 East Mexico Avenue, Suite 700 Denver, CO 80210 Telephone: (303) 320-0509 E-mail: Bhertzke@Sgrllc.Com - and - Kymberly Kochis, Esq. Michael Richard Nelson, Esq. EVERSHEDS SUTHERLAND (US) LLP 1114 Avenue of the Americas, 40th Floor New York, NY 10036 Telephone: (212) 389-5000 E-mail: kymberlykochis@eversheds-sutherland.com mikenelson@eversheds-sutherland.com GEICO GENERAL: Williams Files Class Action for Breach of Contract ----------------------------------------------------------------- A class action lawsuit has been filed against GEICO General Insurance Company. The case is styled as Raymond Williams, an individual, on behalf of himself and all others similarly situated, Plaintiff v. GEICO General Insurance Company, a Maryland Corporation and CCC Information Services Incorporated, a Delaware Corporation, Defendants, Case No. 3:19-cv-05823-BHS (W.D. Wash., Sept. 3, 2019). The case type is stated as Breach of Insurance Contract. Geico is a car insurance company.[BN] The Plaintiff is represented by: Steve W. Berman, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP (WA) 1301 2ND AVENUE, STE 2000 SEATTLE, WA 98101 Tel: (206) 623-7292 Fax: (206) 623-0594 Email: steve@hbsslaw.com GLOBAL CUSTOM COMMERCE: Diaz Files ADA Suit in S.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Global Custom Commerce, Inc. The case is styled as Edwin Diaz on behalf of himself and all others similarly situated, Plaintiff v. Global Custom Commerce, Inc., Defendant, Case No. 1:19-cv-08273 (S.D. N.Y., Sept. 5, 2019). The Plaintiff filed the case under the Americans with Disabilities Act. Global Custom Commerce, Inc., doing business as Blinds.com, operates an online window covering store.[BN] The Plaintiff is represented by: Joseph H Mizrahi, Esq. Cohen & Mizrahi LLP 300 Cadman Plaza West, 12th Floor Brooklyn, NY 11201 Phone: (917) 299-6612 Fax: (929) 575-4195 Email: joseph@cml.legal GREENVIEW PROPERTIES: Edwards, et al Seek OT Pay for Laborers ------------------------------------------------------------- GEORGE EDWARDS, MARK LUMSDEN, JR. and other similarly current and former doorman, concierge and other security personnel, the Plaintiff, vs. GREENVIEW PROPERTIES, INC., HORIZON OF ROSLYN, LLC, OREN ZIV, YARDANA ZIV, DAVID MAROM, LAWRENCE C GARGANO, BRENDA GRABOW, and CHARLES EDZER, the Defendant, Case No. 2:19-cv-04813 (E.D.N.Y., Aug. 26, 2019), seeks to recover unpaid overtime compensation and earned wages under the Fair Labor Standards Act and New York Labor Law. The case is brought by the Plaintiff and all similarly current and former laborers, doorman, concierge and other security personnel who have worked for the Defendants.[BN] Attorneys for the Plaintiff are: Jason Tenenbaum, Esq. THE LAW OFFICE OF JASON TENENBAUM P.C. 595 Stewart Avenue, Suite 400 Garden City, NY 11750 Telephone: (516) 750-0595s HELLERMANNTYTON CORP: Smith Suit Moved to E.D. Wisconsin -------------------------------------------------------- The case captioned as JASMINE SMITH on behalf of herself and all others similarly situated, the Plaintiff, vs. HELLERMANNTYTON CORPORATION, 7930 North Faulkner Road Milwaukee, Wisconsin 53224, the Defendant, Case No. 3:19-cv-00636, was transferred from the United States District Court for the Western District of Wisconsin, to the United States District Court for the Eastern District of Wisconsin (Milwaukee) on Aug. 30, 2019. The Eastern District of Wisconsin Court Clerk assigned Case No. 2:19-cv-01262-NJ to the proceeding. The case is assigned to the Hon. Judge Nancy Joseph. The case is a collective and class action brought pursuant to the Fair Labor Standards Act of 1938, and Wisconsin's Wage Payment and Collection Laws, by Jasmine Smith, on behalf of herself and all other similarly situated current and former hourly-paid, non-exempt Manufacturing employees of Defendant, for obtaining relief under the FLSA and WWPCL for unpaid wages, unpaid overtime compensation, liquidated damages, costs, attorneys' fees, declaratory and/or injunctive relief, and/or any such other relief the Court may deem appropriate.[BN] Attorneys for the Plaintiff are: James A Walcheske, Esq. Scott S. Luzi, Esq. WALCHESKE & LUZI LLC 15850 W Bluemound Rd-Ste 304 Brookfield, WI 53005 Telephone: (262) 780-1953 Facsimile: (262) 565-6469 E-mail: jwalcheske@walcheskeluzi.com sluzi@walcheskeluzi.com Attorneys for HellermannTyton Corporation are: Joel S. Aziere, Esq. BUELOW VETTER BUIKEMA OLSON & VLIET LLC 20855 Watertown Rd-Ste 200 Waukesha, WI 53186-1873 Telephone: (262) 364-0250 Facsimile: (262) 364-0270 E-mail: jaziere@buelowvetter.com HOME DEPOT: Brunson Files PI Class Suit in Georgia -------------------------------------------------- A class action lawsuit has been filed against The Home Depot, Inc. The case is styled as Gloria Brunson, Kevin Dahlberg, Jamal Douglas and Earl Young, individually and on behalf of all others similarly situated, Plaintiffs v. The Home Depot, Inc., Delaware Corporation and John Doe, Defendants, Case No. 1:19-cv-03970-CC (N.D. Ga., Sept. 4, 2019). The case type is stated as Diversity-Personal Injury. The Home Depot Inc. or Home Depot is the largest home improvement retailer in the United States, supplying tools, construction products, and services. The company is headquartered at the Atlanta Store Support Center in unincorporated Cobb County, Georgia.[BN] The Plaintiffs are represented by: David Christopher Sawyer, Esq. Gray Rust St. Amand Moffett & Brieske, LLP Suite 1700, Salesforce Tower Atlanta 950 East Paces Ferry Rd., N.E. Atlanta, GA 30326 Tel: (404) 870-7439 Fax: (404) 870-1048 Email: dsawyer@grsmb.com - and - Travis D. Lenkner, Esq. Gibson Dunn & Crutcher-DC 1050 Connecticut Avenue, N.W. Washington, DC 20036-5306 Tel: (202) 955-8500 HORIZON TALK: Has Made Unsolicited Calls, Castillo Suit Claims -------------------------------------------------------------- JEFF CASTILLO, individually and on behalf of all others similarly situated, Plaintiff v. HORIZON TALK LLC d/b/a TELECLARO, Defendant, Case No. 0:19-cv-62055 (S.D. Fla., Aug. 15, 2019) seeks to stop the Defendants' practice of making unsolicited calls. Horizon Talk LLC d/b/a Teleclaro offers international long distance calls. [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 HP INC: Parziale Class Suit Seeks to Stop Unfair Business Practices ------------------------------------------------------------------- JOHN PARZIALE, individually, and on behalf of all others similarly situated v. HP, INC. and DOES 1-10, Case No. 5:19-cv-05363 (N.D. Cal., Aug. 27, 2019), alleges violation of the Florida Deceptive and Unfair Trade Practices Act and the Florida Misleading Advertisement Law. The Plaintiff brings this class action Complaint against the Defendant to stop its practice of modifying and corrupting the Plaintiff and other purchasers' printers by forcing unauthorized changes to their firmware and to obtain redress for all Purchasers Nationwide ("Class Members") who, within the applicable statute of limitations period, had their HP Printers modified to stop recognizing and accepting third party ink cartridges. HP is a Delaware corporation with its principal place of business and headquarters in California and is engaged in the design, development, manufacture, sale, and distribution of printers and related equipment and services throughout the world with a large share of its business done in California.[BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St., Suite 780 Woodland Hills, CA 91367 Telephone: (323) 306-4234 Facsimile: (866) 633-0228 E-mail: tfriedman@toddflaw.com abacon@toddflaw.com HUNTER WARFIELD: Rapponotti Files FDCPA Suit in W.D. Texas ---------------------------------------------------------- A class action lawsuit has been filed against Hunter Warfield, Inc. The case is styled as Amanda Rapponotti individually and on behalf of all others similarly situated, Plaintiff v. Hunter Warfield, Inc., John Does 1-25, Defendants, Case No. 6:19-cv-00523-ADA-JCM (W.D. Tex., Sept. 5, 2019). The Plaintiff filed the case under the Fair Debt Collection Practices Act. Hunter Warfield is a revenue recovery agency.[BN] The Plaintiff is represented by: Yaakov Saks, Esq. Stein Saks, PLLC 285 Passaic Street Hackensack, NJ 07601 Phone: (201) 282-6500 ext 101 Fax: (201) 282-6501 Email: ysaks@steinsakslegal.com JACKSON HEWITT: Hancock Suit Transferred to W.D. Texas ------------------------------------------------------ The case captioned as JEFF HANCOCK, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, vs. JACKSON HEWITT TAX SERVICE INC., the Defendant, Case No. 2:19-cv-02602 (Filed April 5, 2019), was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the Western District of Texas (Austin) on Aug. 30, 2019. The suit seeks $5 million in damages and alleges violation of the Telephone Consumer Protection Act. The case is assigned to the Hon. Judge Lee Yeakel. The Plaintiff received unsolicited, autodialed text message calls over the past several years, urging him to have Defendant, Jackson Hewitt Tax Service, Inc. do his taxes. Jackson Hewitt did not have prior express written consent to send these texts. Moreover, the texts Jackson Hewitt sent were impermissible because Defendant had a defective internal Do Not Call policy, the lawsuit says.[BN] Attorneys for the Plaintiff are: James C. Shah, Esq. Kolin Tang, Esq. SHEPHERD FINKELMAN MILLER AND SHAH LLP 35 East State Street Media, PA 19063 Telephone: (610) 891-9880 Facsimile: (866) 300-7367 - and - Alexander H. Burke, Esq. EDELMAN, COMBS, LATTURNER & GOODWIN, LLC. 120 S. LaSalle St., 18th Floor Chicago, IL 60603 Telephone: (312) 739-4200 Facsimile: (312) 419-0379 E-mail: burke@edcombs.com Attorneys for the Jackson Hewitt Tax Service Inc. are: Margaret M Schuchardt, Esq. JASZCZUK PC 311 South Wacker Drive Suite 3200 Chicago, IL 60606 Telephone: (312) 442-0509 Facsimile: (312) 442-0519 - and - Martin W. Jaszczuk, Esq. LOCKE LORD LLP 111 S. Wacker Drive Chicago, IL 60606 Telephone: (312) 443-0610 Facsimile: (312) 896-6610 E-mail: mjaszczuk@lockelord.com - and - Susan J Welde, Esq. MURCHISON AND CUMMING LLP 801 South Grand Avenue 9th Floor Los Angeles, CA 90017-4613 Telephone: (213) 623-7400 Facsimile: (213) 623-6336 JAEBUDO INC: Kim Seeks Unpaid Wages for Employees ------------------------------------------------- SANG MIN KIM, an individual and SION JUNG, an individual, also as proxies for the State of California on behalf of all similarly aggrieved employees, the Plaintiff, vs. JAEBUDO INC., a Corporation; CHANG KYUN PARK, an individual; TAESUNG KIM, an individual; TAE HWA JOO, an individual; and DOES 1 through 50, inclusive, the Defendants, Case No. 19STCV28710 (Cal. Super. Aug. 14, 2019), seeks penalties for violation of the Private Attorneys General Act, California Labor Code. The Defendants failed to pay Plaintiffs all unpaid wages upon the termination of their employment. The Plaintiffs are current and former aggrieved employees of the Defendants. Jaebundo Inc. is a corporation operating Korean barbeque restaurants throughout California, including in Los Angeles County.[BN] Attorneys for the Plaintiffs are: Paul M. Yi, Esq. LAW OFFICES OF CHOI & ASSOCIATES, APLC 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Telephone: (213) 381-1515 Facsimile: (213) 465-4885 JUUL LABS: Misrepresents Nicotine Content, Suit Claims ------------------------------------------------------ M.D. individually and as legal guardian of her minor grandchild, M.E.D.; individually and on behalf of all others similarly situated, Plaintiff v. JUUL LABS, INC.; ALTRIA GROUP, INC.; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:19cv180-GHD-RP (N.D. Miss., Aug. 15, 2019) contends that despite making numerous revisions to its packaging since 2015, the Defendants did not add nicotine warnings until forced to do so in August of 2018. The original JUUL product labels had a California Proposition 65 warning indicating that the product contains a substance known to cause cancer, and a warning to keep JUULpods away from children and pets, but contained no warnings specifically about the known effects, or unknown long-term effects, of nicotine or vaping/inhaling nicotine salts. Many of the Defendants' advertisements, particularly prior to November 2017, also lacked a nicotine warning. Furthermore, the Defendants misrepresents the nicotine content of JUULpods by representing it as 5% strength when the JUUL products contain more by volume. The Defendants's "5% strength" statement misrepresents the most material feature of its product -- the nicotine content -- and has misled consumers to their detriment. If the Defendants did not know when it released JUULpods in 2015 that its "5% strength" representation was misleading, it quickly learned that there was widespread confusion about the pods' nicotine content. The Defendants did nothing to stop or correct this confusion about the nicotine content of its JUULpods. The Defendants "5% strength" statement is also misleading because JUULpods routinely contain more than even the 59mg/mL the Defendant claims on its website. At least two independent studies testing multiple varieties of JUULpods have found significantly higher concentrations of nicotine than the Defendants' label represents. JUUL Labs, Inc. manufactures electronic cigarettes. The Company offers products such as device kits, JUULpods, and accessories in different flavors. JUUL Labs serves customers in the United States. [BN] The Plaintiff is represented by: R. Keith Morgan, Esq. F. Hall Bailey, Esq. Owen P. Lalor, Esq. LALOR BAILEY & ABY, PLLC 230 Trace Colony Park Drive, Suite 4 Ridgeland, MS 39157 Telephone: (601) 898-2000 E-mail: kmorgan@lalorbaileyaby.com hbailey@lalorbaileyaby.com olalor@lalorbaileyaby.com - and - Rand P. Nolen, Esq. George M. Fleming, Esq. FLEMING NOLEN & JEZ, L.L.P. 2800 Post Oak Blvd., Suite 4000 Houston, TX 77056-3019 Telephone: (713) 621-7944 Facsimile: (713) 621-9638 E-mail: Rand_nolen@fleming-law.com KAMY INVESTMENTS: Fails to Pay Minimum or OT Wages, Marquis Says ---------------------------------------------------------------- Billy Marquis, Alexis Marquis, Anthony Marquis Individually and on Behalf of All Others Similarly Situated v. Amy Sadeghian and Khosrow Sadeghian, d/b/a Kamy Investments, Kamy Real Property Trust, and Kamy Real Estate Trust, Case No. 4:19-cv-00626-RWS (E.D. Tex., Aug. 27, 2019), alleges that the Defendants violated the Fair Labor Standards Act by failing to pay the Plaintiffs either minimum wages or overtime wages. The Plaintiffs, who do maintenance and repairs on the Defendants' properties, allege that the Sadeghian couple lured them to North Texas with lies and kept them there with threats. The Plaintiffs contend that the Defendants not only violated the FLSA; they also violated the Texas Deceptive Trade Practices Act. The Sadeghians own over a thousand residential properties in Texas and other states, and in their business they buy, sell and lease those properties. Mr. Sadeghian has complete and absolute control over all their holdings. He does business using several names which may appear in documents in this case, including Kamy Investments, Kamy Real Property Trust and Kamy Real Estate Trust.[BN] The Plaintiffs are represented by: Eugene Zemp DuBose, Esq. EUGENE ZEMP DUBOSE, P.C. 3816 Acapulco Court Irving, TX 75062 Telephone: (214) 675-9022 Facsimile: (469) 586-5449 E-mail: Gene@DuBoseLegalGroup.com KOPELOWITZ OSTROW: Faces Suit over 1 Global Investment Fraud ------------------------------------------------------------ DAVID TAWECH; and RICHARD TYLER, individually and on behalf of all others similarly situated, Plaintiff v. KOPELOWITZ OSTROW, P.A.; and DALE LEDBETTER, Defendants, Case No. 2019L000927 (Ill. Cir., Dupage Cty., Aug. 15, 2019) is an action alleging that the Defendants are engaged in a fraudulent investment scheme in violation of the Illinois Deceptive Trade Practices Act. According to the complaint, the Plaintiffs and the class are all clients of Goldstone Financial Group who breached their fiduciary duties in recommending foolhardy investment scheme to 400 clients who invested over $40,000,000 with 1 Global Capital LLC. Goldstone was aided and abetted by the Defendants, who travelled the country peddling the benefits of the investment scheme on behalf of 1 Global and receiving undisclosed commissions. The Defendants in their capacity as outside counsel for 1 Global made representations in order to induce the Plaintiffs and the class to invest in 1 Global. On July 27, 2018, after being subpoenaed by the SEC, 1 Global and its affiliates, filed for bankruptcy protection under Chapter 11 in the U.S. Bankruptcy Court for the Southern District of Florida. The bankruptcy filings and company financials indicate 1 Global and its affiliates made $348 million in merchant cash advances, with merchants repaying about $241 million. 1 Global owes investors $272 million but only had $27.5 million in bank. The Securities and Exchange Commission blames this huge shortfall on collectability issues and 1 Global's misappropriation of investor funds. As such, all investor funds are frozen with repayment of any principal or interest in serious doubt. The Plaintiffs and the class would not have invested in more than $40 million if not for the Defendants' representations. Kopelowitz Ostrow, P.A. is a full service law firm, serving clients in Florida and beyond in many areas of law. [BN] The Plaintiff is represented by: Alexander N. Loftus, Esq. Ryan Moore, Esq. STOLTMANN LAW OFFICES, P.C. 161 N. Clark, Suite 1600 Chicago, IL 60603 Telephone: (312) 332-4200 Facsimile: (312) 772-5396 LA PERLA: Reid Alleges Violation under Disabilities Act ------------------------------------------------------- La Perla North America, Inc. is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled as Valentin Reid, other on behalf of himself and all others similarly situated, Plaintiff v. La Perla North America, Inc., Defendant, Case No. 1:19-cv-08243 (S.D. N.Y., Sept. 4, 2019). La Perla North America, Inc. specializes in retail services.[BN] The Plaintiff is represented by: David Paul Force, Esq. Stein Saks, PLLC 285 Passaic Street Hackensack, NJ 07601 Tel: (201) 282-6500 Email: dforce@steinsakslegal.com LILIS 200 WEST: Underpays Deliver Drivers, Chen Suit Alleges ------------------------------------------------------------ CHANG YAN CHEN, individually and on behalf of all others similarly situated, Plaintiff v. LILIS 200 WEST 57TH CORP. D/B/A LILI'S 57 ASIAN CUISINE & SUSHI BAR; ALAN PHILLIPS, JONAH PHILLIPS, THEAN CHOO CHONG A/K/A ALFRED CHONG, EPHAN "DOE", and "MIGI" DOE, Defendants, Case No. 1:19-cv-07654-VEC (S.D.N.Y., Aug. 15, 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 Chen was employed by the Defendants as delivery driver. Lilis 200 West 57th Corp. d/b/a Lili's 57 Asian Cuisine & Sushi Bar operates a sushi restaurant business. [BN] The Plaintiff is represented by: John Troy, Esq. TROY LAW, PLLC 41-25 Kissena Boulevard Suite 119 Flushing, NY 11355 Telephone: (718) 762-1324 MDL 2919: Consolidation of Fuel Pump Cases v GM, Ford & FCA Sought ------------------------------------------------------------------ The Plaintiffs in nine class action lawsuits under In re: CP4 Defective Fuel Pump Litigation (MDL 2919), moved the Judicial Panel on Multi-District Litigation on Aug. 21, 2019, for an order transferring the actions, as well as any tag-along actions or other cases that may be filed asserting related or similar claims, in an industry-wide fashion to the Northern District of California or the Eastern District of Michigan for consolidated or coordinated pretrial proceedings. Alternatively, the CP4 Plaintiffs move the Panel for an order transferring the Related Actions into three separate Multi-District Litigations ("MDLs") before the same judge -- against Ford, GM, and FCA, respectively -- in the Northern District of California or the Eastern District of Michigan for consolidated or coordinated pretrial proceedings. Two of the Related Actions are pending in the Northern District of California -- one before the Honorable Jon S. Tigar (In re: General Motors LLC CP4 Fuel Pump Litigation, No. 4:18-cv-07054-JST (N.D. Cal.)), and one before the Honorable James Donato (Farlow v. Ford Motor Co., No. 3:18-cv-06967-JD (N.D. Cal.)). Two of the Related Actions are pending in the Eastern District of Michigan -- one before the Honorable Terrence G. Berg (Chapman v. General Motors LLC, 2:19-cv-12333-TGB (E.D. Mich.)), and one before the Honorable Sean F. Cox (Droesser v. Ford Motor Co., 2:19-cv-12365-SFC (E.D. Mich.)). Ford, GM, and FCA have manufactured millions of diesel vehicles equipped with high-pressure fuel injection pumps that are proverbial ticking time bombs, wholly unbeknownst to unassuming American consumers who pay top dollar for these vehicles' fictitious "durability," "longevity," and "topnotch fuel economy." The pump's inability to withstand U.S. diesel fuel allows metal to rub against metal until the engine suddenly and cataclysmically fails without warning, further contaminating the fuel delivery system. This "catastrophic" (i.e., complete and total) pump failure can occur as early as "mile 0," as the pump disintegration process begins at the very first fill of the tank, and starts damaging the vehicle's fuel injection system and engine immediately upon the vehicle's first use. This failure results in an outrageously expensive repair bill, all for a repair that will not truly ameliorate the issue so long as the vehicle is using U.S. diesel fuel. Thus, the CP4 Plaintiffs and other Class members have suffered from a defect that existed in the Affected Vehicles at the time of purchase and are seeking economic recovery for this manifested and immediately damaging defect, in addition to any and all consequential damages stemming therefrom. The nine class action lawsuits are: General Motors LLC CP4 Fuel Pump Litigation, Case No. 4:18-cv-07054-JST (N.D. Cal.); Farlow v. Ford Motor Co., Case No. 3:18-cv-06967-JD (N.D. Cal.); Click v. General Motors LLC, Case No. 2:18-cv-00455-NGR (S.D. Tex.); Stevens v. Ford Motor Co., Case No. 2:18-cv-00456-NGR (S.D. Tex.); Berry v. FCA US LLC, Case No. 2:19-cv-00023-HGT (S.D. Tex.); Ginebra v. General Motors LLC, Case No. 1:18-cv-25209-FAM (S.D. Fla.); Nunez v. Ford Motor Co., Case No. 1:18-cv-25211-UU (S.D. Fla.); Chapman v. General Motors LLC, Case No. 2:19-cv-12333-TGB (E.D. Mich.); and Droesser v. Ford Motor Co., Case No. 2:19-cv-12365-JEL (E.D. Mich.). Attorneys for Plaintiffs Tyler Allen Click, Troy Bowen, Bailey Henderson, Ethan Galan, Luis G. Ochoa Cabrera, Homero Medina, Michael Guidroz, Scott A. Hines, Bryan J. Tomlin, Quentin Alexander, Jacqueline Bargstedt, Eric Stevens, Darren Fulton, Kevin Lee Berry, Brian G. Wilson, Willie Porche, Amber Smith, Matthew H. Clough, Curtis McNeal Mertz, James Higdon, Joseph Sawicki, James Crowell, Jr., Warren Story, Christopher Moonan, Sean T. Smith, Isaiah Rudy, Sean M. Buob, Richard Samson, Ryan Arthur Jensen, Anthony Raymond Smith, Bradley Rice, Bruce K. Garlock, Chris S. McAlister, Colby Barry, Douglas Hughes, Geoff Cochems, John Thomas White, Kevin Allen Lawson, Kevin Sutherland, Michael L. McCoy, Milton Leon Huss, Jr., Stacy Wade Sizelove, Thorin Jay Askin, Ryan Maduro, Michele Diniz, Brandon Tirozzi, Calvin Smith, Frank Ginebra, Eileen R Van Fossen, James Aaron Aukes, Christafer Michael Wren, Daniel B Bass, Wayne R. Gilbert, Jr., Melody Anne Dearborn, Duane Dee Meske, Ignacio Centeno, Nicholas Allen Miller, Bill Hoffman, Gordon Mac Johnson, Robert D. Peters, Paul A Ponteaux, Sr., Philip A. Adams, Ricky J Tremblay, Michael Corbett, Gina Carter, Eric Mobley, Gregory R. Nix, David Lyndon Johns, Robert W Kirby, Gustavo Nicolas Gonzalez, Jace Reyes, Mark D. Chapman, Leroy Gwinn, Jr., William McDuffie, Gary Godwin, Robert Hoag, Clay Kincheloe, Bryan Joyce, Tim Taylor, Mark William Droesser, Jeffrey A. Ford, Jeffrey Fowlkes, Matthew Parker and Trevor Wentz, are: Robert C. Hilliard, Esq. HILLIARD MARTINEZ GONZALES LLP 719 S. Shoreline Blvd. Corpus Christi, TX 78401 Telephone: (361) 882-1612 Facsimile: (361) 882-3015 E-mail: bobh@hmglawfirm.com - and - Steve W. Berman, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 1301 Second Avenue, Suite 2000 Seattle, WA 98101 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 E-mail: steve@hbsslaw.com - and - Andrew Parker Felix, Esq. Branden Weber, Esq. MORGAN & MORGAN, P.A. 20 North Orange Ave., Ste. 1600 P.O. Box 4979 Orlando, FL 32801 Telephone: (407) 244-3204 Facsimile: (407) 245-3334 E-mail: Andrew@forthepeople.com bweber@forthepeople.com MEDICAL DATA: Stallworth Sues over Debt Collection Practices ------------------------------------------------------------ Clarence Stallworth, individually and on behalf of all others similarly situated, the Plaintiff, vs. Medical Data Systems, Inc., d/b/a, Medical Revenue Service, a Florida corporation, the Defendant, Case No. 4:19-cv-02399 (E.D. Mo., Aug. 23, 2019), alleges that Defendant's form debt collection letter violated the Fair Debt Collection Practices Act, and seeks to recover damages. According to the complaint, Medical Data Systems, Inc. is a debt collector because it regularly uses the mails and/or the telephone to collect, or attempt to collect, directly or indirectly, defaulted consumer debts. MRS operates a nationwide defaulted debt collection business and attempts to collect debts from consumers in many states, including consumers in the State of Missouri. In fact, MRS was acting as a debt collector as to the defaulted consumer debt it attempted to collect from Plaintiff. The Defendant sent Mr. Stallworth an initial form collection letter, dated July 3,2019, demanding payment of defaulted consumer debts that he allegedly owed to Missouri Baptist Medical Center for services he had received. The Plaintiff brings this action individually and as a class action on behalf of all persons similarly situated in the State of Missouri from whom Defendant attempted to collect a defaulted consumer debt, via the same form collection letter, that Defendant sent to Plaintiff, from one year before the date of this complaint to the present, the lawsuit says.[BN] Attorneys for the Plaintiff are: David J. Philipps, Esq. Mary E. Philipps, Esq. PHILIPPS & PHILIPPS, LTD. 9760 S. Roberts Road, Suite One Palos Hills, IL 60465 Telephone: (708) 974-2900 Facsimile: (708) 974-2907 E-mail: davephilipps@aol.com mephilipps@aol.com MID AMERICA MORTGAGE: Fails to Pay Proper FLSA Wages, Knight Says ----------------------------------------------------------------- Jessica Knight, On Behalf of Herself and All Others Similarly Situated v. Mid America Mortgage, Inc., Case No. 4:19-cv-03195 (S.D. Tex., Aug. 26, 2019), alleges violations of the Fair Labor Standards Act. The Defendant refused to allow her and Members of the Class to record all their overtime hours such that the Defendant failed to pay them all of the legally required minimum wages and/or overtime compensation, Ms. Knight alleges. Mid America Mortgage is a foreign for-profit corporation registered with the State of Texas. Mid America Mortgage conducts significant business in this District. The Defendant is a business that operates within the mortgage industry. The Plaintiff worked for the Defendant as a loan officer assistant.[BN] The Plaintiff is represented by: Clayton D. Craighead, Esq. THE CRAIGHEAD LAW FIRM, PLLC 440 Louisiana, Suite 900 Houston, TX 77002 Telephone: (832) 798-1184 Facsimile: (832) 553-7261 E-mail: clayton.craighead@thetxlawfirm.com NELSON & KENNARD: Bonilla Files FDCPA Suit in E.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Nelson & Kennard. The case is styled as Andrea Bonilla individually and on behalf of all others similarly situated, Plaintiff v. Nelson & Kennard, Defendant, Case No. 1:19-cv-05067 (E.D. N.Y., Sept. 5, 2019). The Plaintiff filed the case under the Fair Debt Collection Practices Act. Nelson & Kennard are Law Offices formed in 1986 as a partnership consisting of Donald G. Nelson and Robert Scott Kennard. The firm's original focus was service to the automobile finance industry including the collection of deficiency balances, replevin, creditor representation in bankruptcy and defense work.[BN] The Plaintiff is represented by: David M. Barshay, Esq. Craig B. Sanders, Esq. Barshay Sanders, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Phone: (516) 203-7600 Fax: (516) 281-7601 Email: dbarshay@barshaysanders.com csanders@barshaysanders.com NEW PRIME: Removes Hansen Labor Suit to C.D. Calif. --------------------------------------------------- Defendant New Prime, Inc., removed on August 29, 2019, the lawsuit titled BOBBY LEE HANSEN and JACKIE THOMPSON, individually and on behalf of all others similarly situated v. NEW PRIME, INC., a Nebraska corporation; and DOES 1 to 100, inclusive, Case No. 19STCV26419, from the Superior Court of the State of California for the County of Los Angeles to the U.S. District Court for the Central District of California. The District Court Clerk assigned Case No. 2:19-cv-07517 to the proceeding. Plaintiffs Bobbie Lee Hansen and Jackie Thompson filed this putative Class Action Complaint against the Defendants in the Circuit Court on July 30, 2019. In their Complaint, the Plaintiffs allege eight causes of action against New Prime, including PAGA Penalties for Defendant's Willful Misclassification of Drivers in Violation of Labor Code and Failure to Pay Separately and Hourly for Time Spent by Drivers on Non-Driving Time. Among other things, the Plaintiffs allege that putative class members are entitled to unpaid wages, including premiums for missed meal periods and rest breaks, reimbursement for expenses, interest, and attorneys' fees and costs.[BN] Defendant NEW PRIME, INC. is represented by: Theodore J. Boutrous, Jr., Esq. GIBSON, DUNN & CRUTCHER LLP 333 South Grand Avenue Los Angeles, CA 90071-3197 Telephone: (213) 229-7000 Facsimile: (213) 229-7520 E-mail: tboutrous@gibsondunn.com - and - Michele L. Maryott, Esq. Jordan E. Johnson, Esq. GIBSON, DUNN & CRUTCHER LLP 3161 Michelson Drive Irvine, CA 92612-4412 Telephone: (949) 451-3800 Facsimile: (949) 451-4220 E-mail: mmaryott@gibsondunn.com jjohnson@gibsondunn.com NEW YORK: BOD Files 4 Appeals in Gulino Suit to 2nd Circuit ----------------------------------------------------------- Defendant Board of Education of the City School District of the City of New York filed appeals from the District Court's judgment entered on June 6, 2019, in the lawsuit styled Gulino, et al. v. Board of Education, et al., Case No. 96-cv-8414, filed in the U.S. District Court for the Southern District of New York (New York City). The Plaintiffs originally filed a class action complaint on November 8, 1996, alleging that the LAST-1 exam violated Title VII. The Plaintiffs, a group of African-American and Latino teachers in the New York City public school system, alleged that the Defendant, the Board of Education of the City School District of the City of New York, violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e et seq., by requiring the Plaintiffs to pass certain racially discriminatory standardized tests in order to obtain a license to teach in New York City public schools.[BN] The appellate cases brought before the United States Court of Appeals for the Second Circuit are: -- Gulino, et al. v. Board of Education, et al., Case No. 19-2680 -- Gulino, et al. v. Board of Education, et al., Case No. 19-2689 -- Gulino, et al. v. Board of Education, et al., Case No. 19-2683 -- Gulino, et al. v. Board of Education, et al., Case No. 19-2675 Plaintiff-Appellees Benny Bejarano, Maria Rubio-Lopez, Adan Gomez, Mary Paul are represented by: Joshua S. Sohn, Esq. STROOCK & STROOCK & LAVAN LLP 180 Maiden Lane New York, NY 10038 Telephone: (212) 806-1245 E-mail: jsohn@stroock.com Defendant-Appellant Board of Education of the New York City School District of the City of New York is represented by: Zachary W. Carter, Esq. NEW YORK CITY LAW DEPARTMENT 100 Church Street New York, NY 10007 Telephone: (212) 356-1000 E-mail: zcarter@law.nyc.gov NEW YORK: Faces Allen et al Suit in Southern District of New York ----------------------------------------------------------------- A class action lawsuit has been filed against New York State Department of Corrections and Community Supervision, et al. The case is captioned as Peter Allen, Brian Bernard, Mark Daniels, Shannon Dickinson, Aaron Dockery, Eddie Fields, John Gradia, Angel Hernandez, Spencer Jackson, Hugh Knight, Terry Mathis, Harold Ortiz, Sean Pritchett, Rashid Rahman, Felipe Rivera-Cruz, Wayne Stewart, Michael Vattiato, the Derrick Williams, on behalf of themselves and others similarly situated, the Plaintiffs, vs. New York State Department of Corrections and Community Supervision; Carl Koenigsmann, MD; John Morley, MD; Susan Mueller, MD; David S. Dinello, MD; Paula Bozer, MD; John Hammer, MD; Ann Andola, MD; Mikhail Gusman, MD; Chun Lee, MD; Jon Miller, MD; Kathleen Mantaro, MD; Peter Braselman, MD; David Karandy, MD; Albert Acrish, NP; Kristin Salotti, NP; Mary Ashong, NP; John Doe No. 1, MD; Jane or John Doe, MD No. 3- 50; Jane or John Doe, NP or PA No. 1-50; and John Doe No. 2, MD, the Defendants, Case No. 7:19-cv-08173-UA (S.D.N.Y., Sept. 2, 2019). The suit alleges civil rights-related violation. The New York State Department of Corrections and Community Supervision is the department of the New York State government responsible for the care, confinement, and rehabilitation of inmates.[BN] Attorneys for the Plaintiffs are: Amy Jane Agnew, Esq. LAW OFFICE OF AMY JANE AGNEW, P.C. 24 Fifth Avenue Suite 1701 New York, NY 10011 Telephone: (973) 600-1724 E-mail: aj@ajagnew.com PAMPERED CHEF: Slade Asserts Breach of Disabilities Act ------------------------------------------------------- The Pampered Chef, Ltd. is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled as Linda Slade, individually and as the representative of a class of similarly situated persons, Plaintiff v. The Pampered Chef, Ltd., Defendant, Case No. 1:19-cv-08184 (S.D. N.Y., Sept. 3, 2019). Pampered Chef, Ltd., is a multinational multi-level marketing company that offers a line of kitchen tools, food products, and cookbooks for preparing food in the home. They also offer some products to help transport some of their products and gardening tools.[BN] The Plaintiff is represented by: Dan Shaked, Esq. Shaked Law Group, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Tel: (917) 373-9128 Email: shakedlawgroup@gmail.com PENN CREDIT: Faces Hartman Suit in District of New Jersey --------------------------------------------------------- A class action lawsuit has been filed against Penn Credit Corporation. The case is captioned as SAMANTHA HARTMAN on behalf of herself and all others similarly situated, the Plaintiff, vs. PENN CREDIT CORPORATION and JOHN DOES 1-25, the Defendant, Case No. 3:19-cv-17020-MAS-LHG (D.N.J., Aug 21, 2019). The suit alleges violation of Fair Debt Collection Act. The case is assigned to the Hon. Judge Michael A. Shipp. Penn Credit Corporation was founded in 1987. The company's line of business includes collection and adjustment services on claims and other insurance related issues.[BN] Attorneys for the Plaintiff are: Ben A. Kaplan , Esq. 280 Prospect Ave. 6G Hackensack, NJ 07601 Telephone: (201) 803-6611 Facsimile: (866) 596-4973 E-mail: ben@chulskykaplanlaw.com PETTIGREW CREWING: Removes Landy Labor Suit to C.D. California -------------------------------------------------------------- Pettigrew Crewing, Inc., removed on August 28, 2019, the class action lawsuit entitled STEVE LANDY, as an individual and on behalf of all others similarly situated v. PETTIGREW CREWING, INC., a California corporation; and DOES 1 through 50, inclusive, Case No. 19STCV24415, from the Superior Court of the State of California for the County of Los Angeles to the U.S. District Court for the Central District of California. The District Court Clerk assigned Case No. 2:19-cv-07474-RGK-AFM to the proceeding. The Plaintiff filed this Class Action Complaint for Damages in the Superior Court on July 15, 2019. The Complaint alleges the following causes of action against Defendants: (1) Violation of Labor Code Section 226; and (2) Violation of Cal. Labor Code Section 2698, et seq. ("PAGA"). The Plaintiff's second cause of action relies on his allegation that the Corporate Defendant failed to timely pay his wages pursuant to Labor Code section 204, and "seeks penalties on behalf of all aggrieved employees from July 8, 2018," through the present.[BN] Defendant PETTIGREW CREWING, INC., is represented by: Jonathan M. Turner, Esq. Jeremy Mittman, Esq. Stephen Franz, Esq. MITCHELL SILBERBERG & KNUPP LLP 2049 Century Park East, 18th Floor Los Angeles, CA 90067-3120 Telephone: (310) 312-2000 Facsimile: (310) 312-3100 E-mail: jmt@msk.com j2m@msk.com scf@msk.com PG CUTTING: Vega Seeks Minimum Wage for Machine Operators --------------------------------------------------------- ARMANDO VEGA JR., the Plaintiff, vs. PG CUTTING SERVICES and DOES 1 to 25, inclusive, the Defendants, Case No. 19STCV29782 (Cal. Super., Aug. 21, 2019), alleges that PG has committed numerous labor code violations against Plaintiff and other similarly situated aggrieved employees. The Plaintiff seeks damages in excess of $25,000. The Plaintiff started working for PG on or around April or May 2016 as an "operator" in operating machinery. During his employment tenure at PG, Plaintiff was an hourly, non-exempt employee. Plaintiff's employment with PG was terminated on or around November 19, 2018. PG violated Labor Code section 1194, 1194.2, 1197, and 1197.1 because it failed to pay Plaintiff and other similarly situated aggrieved employees California’s statutory minimum wage for all hours worked and for "off the clock" work, including but not limited to, the hours spent driving to job sites from the Lake Elsinore or Downey yard. The Plaintiff and others were on a work "What's App" group chat in which various different work issues would be discussed during non-business hours and Plaintiff and others would have to respond and partake in the messaging.[BN] Attorneys for the Plaintiff are: Harout Messrelian, Esq. MESSRELIAN LAW INC. 500 N. Central Ave., Suite 840 Glendale, CA 91203 Telephone: (818) 484-6531 Facsimile: (818) 956-1983 PHONEPOWER INC: Reid Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Phonepower, Inc. The case is styled as Valentin Reid on behalf of himself and all others similarly situated, Plaintiff v. Phonepower, Inc., Defendant, Case No. 1:19-cv-08272 (S.D. N.Y., Sept. 5, 2019). The Plaintiff filed the case under the Americans with Disabilities Act. Phone Power is a privately owned commercial voice over IP (VoIP) company, based in Winnetka, California that provides telephone service over the Internet via a broadband connection.[BN] The Plaintiff is represented by: David Paul Force, Esq. Stein Saks, PLLC 285 Passaic Street Hackensack, NJ 07601 Phone: (201) 282-6500 Email: dforce@steinsakslegal.com PIER A BATTERY PARK: Rios Files ADA Suit in New York ---------------------------------------------------- Pier A Battery Park Associates, LLC is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled as Lynette Tatum-Rios, individually and on behalf of all other persons similarly situated, Plaintiff v. Pier A Battery Park Associates, LLC, Defendant, Case No. 1:19-cv-08259 (S.D. N.Y., Sept. 4, 2019). Pier A Battery Park Associates, LLC manages Pier A Harbor House, a fine dining establishment in New York.[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 PITTSBURGH FONDUE: Vaughn Seeks Minimum Wage for Tipped Employees ----------------------------------------------------------------- JENNIFER VAUGHN, on behalf of herself and all others similarly situated, the Plaintiff, vs. PITTSBURGH FONDUE, LLC; SOUTHEAST FONDUE, LLC; COLORADO FONDUE, LLC; KANSAS CITY FONDUE, LLC; ROCHESTER FONDUE, LLC; BUFFALO FONDUE, INC.; JAMES MATERESE; MICHAEL CHRISTOPHER MILLSAP; and DOE DEFENDANTS 1-10, the Defendants, Case No. 2:19-cv-01104-DSC (W.D. Pa., Aug. 30, 2019), alleges that Defendants systematically and willfully deprived Plaintiff and other Tipped Employees of minimum wages in violation of the Fair Labor Standards Act. The case is a class and collective action brought on behalf of "Tipped Employees" who work or have worked at restaurants operating under the trade name The Melting Pot Fondue Restaurant that are owned, operated and/or otherwise managed or controlled by the Defendants. As Tipped Employees, these individuals were primarily responsible operating the "front of the house" and interacting with customers, including taking customers' orders, serving them their food/drink, and removing the used plates/glasses after the customers was done eating/drinking. As a result of the pay practices, the Plaintiff and the members of the Classes were illegally under-compensated for their work, the lawsuit says. Attorneys for the Plaintiff and the Proposed Classes are: Gary F. Lynch, Esq. Edward W. Ciolko, Esq. Matthew D. Brady, Esq. CARLSON LYNCH LLP 1133 Penn Ave, 5th Floor Pittsburgh, PA 15222 Telephone: 412-322-9243 Facsimile: 412-231-0246 E-mail: glynch@carlsonlynch.com eciolko@carlsonlynch.com mbrady@carlsonlynch.com - and - Robert J. Gray, Esq. CONNOLLY WELLS & GRAY, LLP 2200 Renaissance Blvd., Suite 275 King of Prussia, PA 19406 Telephone: 610-822-3700 Facsimile: 610-822-3800 E-mail: rgray@cwglaw.com gwells@cwglaw.com RIO TINTO: Colbert Appeals Securities Suit Dismissal to 2nd Cir. ---------------------------------------------------------------- Plaintiff Anton Colbert filed an appeal from a Court ruling in the lawsuit styled Colbert v. Rio Tinto PLC, et al., Case No. 17-cv-8169, in the U.S. District Court for the Southern District of New York (New York City). As previously reported in the Class Action Reporter, the District Court issued an Order granting the Defendants' Motion to Dismiss the case. The Plaintiff brought this putative class action against Defendants Rio Tinto plc and Rio Tinto Limited (Rio Tinto), Thomas Albanese, and Guy Robert Elliott (Individual Defendants), alleging violations of (1) Section 10(b) the Securities Exchange Act of 1934 (Exchange Act), 15 U.S.C. Section 78j(b), and Rule 10b-5, 17 C.F.R. Section 240.10b-5, against all Defendants; and (2) Section 20(a) of the Exchange Act, 15 U.S.C. Section 78t, against the Individual Defendants. The appellate case is captioned as Colbert v. Rio Tinto PLC, et al., Case No. 19-2711, in the United States Court of Appeals for the Second Circuit.[BN] Plaintiff-Appellant Anton Colbert, individually and on behalf of all others similarly situated, is represented by: Reed Kathrein, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 715 Hearst Avenue Berkeley, CA 94710 Telephone: (510) 725-3000 E-mail: reed@hbsslaw.com Defendants-Appellees Rio Tinto, et al., are represented by: Lawrence J. Zweifach, Esq. GIBSON, DUNN & CRUTCHER LLP 200 Park Avenue New York, NY 10166 Telephone: (212) 351-4000 E-mail: lzweifach@gibsondunn.com ROBERTITO'S TACO: Garcia Seeks Overtime Pay for Waitresses ---------------------------------------------------------- GLORIA GARCIA, individually, and on behalf of other members of the general public similarly situated, the Plaintiff, vs. ROBERTITO'S TACO SHOP, a California Corporation, JORGE DOMINGUEZ, an individual, and DOES 1 to 100, Inclusive, the Defendant, Case No. 19CECG03080 (Cal. Super., Aug. 21, 2019), alleges that Defendant failed to pay overtime wages, failed to provide meal periods, and failed to pay upon termination or quitting employee under California Labor Code. On or about October 1, 2018, the Defendants hired Plaintiff Garcia as a Waitress to worked two of Defendant's Taco shops (located off of Blackstone and Riverside near the 99), with a salary of $11.00. From October 1, 2018 until June 1, 2019, Plaintiff worked about 70 hours per week. Furthermore, Plaintiff was occasionally required to work seven days a week and was never properly compensated for her time.[BN] Attorneys for the Plaintiff are: Richard A. Harris, Esq. Burke Huber, Esq. RICHARD HARRIS LAW FIRM 801 South Fourth Street Las Vegas, NE 89101 Telephone: (702) 444-4444 Facsimile: (702) 444-4455 E-mail: Burke@RichardHarrisLaw.com SAREPTA THERAPEUTICS: Salinger Sues over Drug Trial Reports ----------------------------------------------------------- ANDREW SALINGER, Individually and On Behalf of All Others Similarly Situated, the Plaintiff, vs. SAREPTA THERAPEUTICS, INC., DOUGLAS S. INGRAM, and SANDESH MAHATME, the Defendants, Case No. 1:19-cv-08122 (S.D.N.Y., Aug. 30, 2019), seeks to recover damages caused by Defendants' violations of the federal securities laws and to pursue remedies under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. The case is a federal securities class action on behalf of a class consisting of all persons other than Defendants who purchased or otherwise acquired Sarepta securities between September 6, 2017 and August 19, 2019, both dates inclusive. Sarepta was founded in 1980 and is headquartered in Cambridge, Massachusetts. Sarepta focuses on the discovery and development of ribonucleic acid ("RNA")-based therapeutics, gene therapy, and other genetic medicine approaches for the treatment of rare diseases. Sarepta's products pipeline includes, among other drug candidates, golodirsen for the treatment of duchenne muscular dystrophy ("DMD"). Golodirsen purportedly binds to exon 53 of dystrophin pre-mRNA, which results in exclusion or skipping of exon during mRNA processing in patients with genetic mutations. On September 6, 2017, pre-market, Sarepta announced positive muscle biopsy results from its 4053-101 study, a Phase 1/2 first-in-human study conducted in Europe to assess the safety, tolerability, pharmacokinetics, and efficacy of golodirsen in 25 male subjects with confirmed deletions of the DMD gene amenable to skipping exon 53 (the "4053-101 Study"). . According to Sarepta, the 4053-101 Study comprised two parts. In Part 1, twelve patients were randomized to receive a dose titration of golodirsen (eight patients) or placebo (four patients). At the end of Part 1 (dose titration), all twelve patients continued on golodirsen and an additional thirteen patients started golodirsen (Part 2). In Part 2, all twenty-five patients were treated for an additional forty-eight weeks at the time of muscle biopsy. The analysis included biopsies of the bicep muscle at baseline and on-treatment at the Part 2 Week 48 time point. On February 14, 2019, Sarepta announced that the U.S. Food and Drug Administration's ("FDA") Division of Neurology (the "FDA Neurology Division") had accepted the Company's New Drug Application ("NDA") "seeking accelerated approval for golodirsen (SRP-4053) and provided a regulatory action date of August 19, 2019." According to Sarepta, the Company completed its NDA at the end of 2018 as part of a rolling submission and requested priority review, which was granted. Additionally, the NDA included data from the 4053-101 Study. Throughout the Class Period, Defendants made materially false and misleading statements regarding Sarepta's business, operational and compliance policies. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) golodirsen posed significant safety risks to patients; (ii) consequently, the NDA package for golodirsen's accelerated approval was unlikely to receive FDA approval; and (iii) as a result, Sarepta's public statements were materially false and misleading at all relevant times. On August 19, 2019, post-market, Sarepta announced receipt of a Complete Response Letter ("CRL") from the FDA regarding the Company's NDA seeking accelerated approval of golodirsen for the treatment of DMD. Sarepta disclosed that "[t]he CRL generally cites two concerns: the risk of infections related to intravenous infusion ports and renal toxicity seen in pre-clinical models of golodirsen and observed following administration of other antisense oligonucleotides." On this news, Sarepta's stock price fell $18.24 per share, or 15.16%, to close at $102.07 per share on August 20, 2019. As a result of Defendants' wrongful acts and omissions, and the precipitous decline in the market value of the Company's securities, Plaintiff and other Class members have suffered significant losses and damages, the lawsuit says.[BN] Attorneys for the Plaintiff are: Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. Jonathan Lindenfeld, Esq. Patrick V. Dahlstrom, Esq. POMERANTZ LLP 600 Third Avenue, 20 th Floor New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (212) 661-8665 E-mail: jalieberman@pomlaw.com ahood@pomlaw.com jlindenfeld@pomlaw.com pdahlstrom@pomlaw.com SEATTLE CITY LIGHT: Deien Sues over Incorrect Billing ----------------------------------------------------- ANTHONY DEIEN, on behalf of himself and all others similarly situated, the Plaintiff, vs. SEATTLE CITY LIGHT, the Defendant, Case No. 19-2-21999-8 SEA (Wash. Super., Aug. 21, 2019), alleges that Seattle City Light has been incorrectly billing its customers for years. The incorrect billing is caused by City Light's practice of billing based on estimated electricity usage, instead of the amount of electricity actually used by each customer. The Plaintiff brings claims for breach of contract and the duty of good faith and fair dealing, violation of the Washington Consumer Protection Act, and violation of the statutes and regulations governing the conduct of public service companies. According to the complaint, Anthony Deien is just one of the many City Light customers harmed by City Light's billing practices. In April 2018, City Light sent Mr. Deien an electric bill for more than $1,000. The bill was obviously wrong. Mr. Deien's prior electric bills had never been more than a few hundred dollars. But when Mr. Deien called to correct the problem, City Light's response was that the bill was correct. City Light agreed to allow Mr. Deien to pay the huge bill over time but added approximately $200 to future bills as part of that payment plan. The increased electric bills made the apartment Mr. Deien and his sister shared unaffordable and forced them to move out when their lease expired, instead of renewing the lease as they had planned. City Light traditionally charged its customers based on the amount of electricity used, measured in kilowatt hours, multiplied by its published rates. City Light had approximately 50 employees responsible for recording the readings on each customer's electricity meter every two months so City Light could bill each customer based on the electricity that customer used. In approximately 2016, City Light attempted to cut costs by transitioning to digital meter readers and a new software system that was supposed to receive meter reads directly from the digital readers. The software did not work as intended. City Light was unable to record actual readings from its customers' meters on an automated basis, and it no longer had enough employees to take manual readings. Rather than admit its mistakes and fix them, City Light tried to cover them up by billing customers based on estimates of electricity usage. City Light's estimated bills fail to comply with Municipal Code requirements. Estimated bills are often wildly inaccurate. When City Light tries to "true up" customers' bills months or even years later, it sends customers bills that are five, ten, or even thirty times the amounts of their prior bills. In the process, City Light often charges customers for electricity they did not use and charges higher rates than the rates authorized by the municipal code, the lawsuit says.[BN] Attorneys for the Plaintiff are: Beth E. Terrell, Esq. Ari Brown, Esq. Blythe H. Chandler, Esq. TERRELL MARSHALL LAW GROUP PLLC 936 North 34th Street, Suite 300 Seattle, WA 98103-8869 Telephone: (206) 816-6603 E-mail: bterrell@terrellmarshall.com abrown@terrellmarshall.com bchandler@terrellmarshall.com SENNHEISER ELECTRONIC: Diaz Files ADA Suit in S.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Sennheiser Electronic Corporation. The case is styled as Edwin Diaz on behalf of himself and all others similarly situated, Plaintiff v. Sennheiser Electronic Corporation, Defendant, Case No. 1:19-cv-08269 (S.D. N.Y., Sept. 5, 2019). The Plaintiff filed the case under the Americans with Disabilities Act. Sennheiser Electronic Corporation distributes electroacoustic solutions.[BN] The Plaintiff is represented by: Joseph H Mizrahi, Esq. Cohen & Mizrahi LLP 300 Cadman Plaza West, 12th Floor Brooklyn, NY 11201 Phone: (917) 299-6612 Fax: (929) 575-4195 Email: joseph@cml.legal SIERRA TRADING POST: Reid Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Sierra Trading Post, Inc. The case is styled as Valentin Reid on behalf of himself and all others similarly situated, Plaintiff v. Sierra Trading Post, Inc., Defendant, Case No. 1:19-cv-08274 (S.D. N.Y., Sept. 5, 2019). The Plaintiff filed the case under the Americans with Disabilities Act. Sierra Trading Post Inc. provides retail sale of various brand products. The Company offers a diverse range of clothing, shoes, sporting goods, gears, and home decor products through online and retail stores.[BN] The Plaintiff is represented by: David Paul Force, Esq. Stein Saks, PLLC 285 Passaic Street Hackensack, NJ 07601 Phone: (201) 282-6500 Email: dforce@steinsakslegal.com SIGNPOST INC: Violates TCPA, Loftus Class Suit Asserts ------------------------------------------------------ WILLIAM LOFTUS, individually and on behalf of all others similarly situated v. SIGNPOST INC., Case No. 1:19-cv-07984 (S.D.N.Y., Aug. 26, 2019), involves a telemarketing campaign by SignPost to market their services in violation of the Telephone Consumer Protection Act. In violation of the TCPA, SignPost called the Plaintiff using an automatic telephone dialing system ("ATDS") to promote their goods and services, according to the complaint. SignPost, Inc. is a New York corporation with its principal place of business located in New York City. SignPost offers customer relationship management software for businesses. To generate new customers, SignPost relies on telemarketing.[BN] The Plaintiff is represented by: Anthony I. Paronich, Esq. PARONICH LAW, P.C. 350 Lincoln Street, Suite 2400 Hingham, MA 02043 Telephone: (617) 485-0018 Facsimile: (508) 318-8100 E-mail: anthony@paronichlaw.com SJV USA INC: Diaz Files ADA Suit in S.D. New York ------------------------------------------------- A class action lawsuit has been filed against SJV USA Inc. The case is styled as Edwin Diaz on behalf of himself and all others similarly situated, Plaintiff v. SJV USA Inc., Defendant, Case No. 1:19-cv-08276 (S.D. N.Y., Sept. 5, 2019). The Plaintiff filed the case under the Americans with Disabilities Act. SJV & Associates is a Kennesaw-based company founded in 1998.[BN] The Plaintiff is represented by: Joseph H Mizrahi, Esq. Cohen & Mizrahi LLP 300 Cadman Plaza West, 12th Floor Brooklyn, NY 11201 Phone: (917) 299-6612 Fax: (929) 575-4195 Email: joseph@cml.legal STEVEN COHEN: Ortiz Files FDCPA Class Action in New York -------------------------------------------------------- A class action lawsuit has been filed against Law Offices of Steven Cohen LLC. The case is styled as Joanna Ortiz, individually and on behalf of all others similarly situated, Plaintiff v. Law Offices of Steven Cohen LLC and Caddis Funding LLC, Defendants, Case No. 2:19-cv-05023 (E.D. N.Y., Sept. 4, 2019). The docket of the case states the nature of suit as Consumer Credit filed pursuant to the Fair Debt Collection Practices Act. Law Offices of Steven Cohen specializes in commercial & consumer collection cases, complex & real estate litigation, & construction law in NY & NJ.[BN] The Plaintiff is represented by: David M. Barshay, Esq. Barshay Sanders, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Tel: (516) 203-7600 Fax: (516) 706-5055 Email: dbarshay@barshaysanders.com - and - Craig B. Sanders, Esq. Barshay Sanders, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Tel: (516) 203-7600 Fax: (516) 281-7601 Email: csanders@barshaysanders.com STRAUS & ASSOCIATES: Spears Sues over Debt Collection Practices --------------------------------------------------------------- CLAY SPEARS, individually and on behalf of all those similarly situated, the Plaintiff, vs. STRAUS & ASSOCIATES P.A., the Defendants, Case No. 0:19-cv-62187-XXXX (S.D. Fla., Aug. 31, 2019), seeks to recover damages under the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act. The debt at issue is a financial obligation Plaintiff incurred primarily for personal, family, or household purposes. The Defendant is a business entity engaged in the business of collecting consumer debts. The Defendant regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. On a date better known by Defendant, it began attempting collect the Consumer Debts from Plaintiff. The Defendant mailed a collection letter, dated February 11, 2019, to Plaintiff in an attempt to collect the Consumer Debt. The Collection Letter is a communication from Defendant to Plaintiff in connection with the collection of a debt. The Collection Letter does not disclose that Defendant is a debt collector and that, as a debt collector, it (Defendant) "is attempting to collect a debt and that any information obtained will be used for that purpose." The Collection Letter is required to contain the disclosures required by 15 U.S.C. Sec. 1692g(a)(1)-(5). The Collection Letter, however, does not adequately inform the least sophisticated consumer of, among other things, the rights he or she enjoys under Sec. 1692g(a)(4) of the FDCPA. The Defendant knew that, by mailing the Collection Letter to Plaintiff, the Defendant was unlawfully seeking to collect the Consumer Debt from Plaintiff in violation of section 1692g(a)(4) and 1692e(11) of the FDCPA. Thus, by and through the Collection Letter, as well as those letters the Defendant mailed to members of the FCCPA Class, it violated Fla. Stat. 559.72(9).[BN] Attorneys for the Plaintiff are: Jibrael S. Hindi, Esq. LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor Ft. Lauderdale, FL 33301 Telephone: (954) 907-1136 Facsimile: (855) 529-9540 E-mail: www.JibraelLaw.com SUN BUM SUNCARE: Conner Files ADA Class Action ---------------------------------------------- A class action lawsuit has been filed against Sun Bum Suncare LLC. The case is styled as Mary Conner and on behalf of all other persons similarly situated, Plaintiff v. Sun Bum Suncare LLC, Defendant, Case No. 1:19-cv-05047 (E.D. N.Y., Sept. 5, 2019). The Plaintiff filed the case under the Americans with Disabilities Act. Sun Bum Suncare LLC is owned by a group of friends that made trusted suncare products for their small beach community.[BN] The Plaintiff is represented by: Dan Shaked, Esq. Shaked Law Group P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Phone: (917) 373-9128 Email: shakedlawgroup@gmail.com SUNCOAST CREDIT: Loomis Balks at Multiple Insufficient Funds Fees ----------------------------------------------------------------- DAVID LOOMIS, individually and on behalf of all others similarly situated, Plaintiff v. SUNCOAST CREDIT UNION, Defendant, Case No. 94258103 (Fla. Cir., Hillsborough Cty., Aug. 15, 2019) is an action seeking monetary damages, restitution, and declaratory relief from the Defendant, arising from the unfair and unconscionable assessment and collection of multiple $29 "insufficient funds fees" on the same items. The Plaintiff alleges in the complaint that the Defendant unlawfully assesses multiple "insufficient funds fees" ("NSF Fees") on a single Automated Clearing House ("ACH") item or check. Unbeknownst to consumers, each time the Defendant reprocesses an ACH transaction or check for payment after it was initially rejected for insufficient funds, the Defendant chooses to treat it as a new and unique item or item that is subject to yet another NSF Fee. But the Defendant's account documents never disclose that this counterintuitive and deceptive result could occur and, in fact, states the opposite. The account documents indicate that only a single NSF Fee will be charged per "item," however many times that item is reprocessed with no request from the customer to do so. An electronic item reprocessed after an initial return for insufficient funds, especially through no action by the customer, cannot and does not fairly become a new, unique item for fee assessment purposes. This abusive practice is not universal in the financial services industry. Indeed, major banks do not undertake the practice of charging more than one NSF Fee on the same item when it is reprocessed. Instead, major banks charges one NSF Fee even if an item is reprocessed for payment multiple times. The Defendant's account documents never disclose this practice. To the contrary, the Defendant's account documents indicate it will only charge a single NSF Fee on an item or per item. Suncoast Credit Union is a credit union headquartered in Tampa, Florida. The credit union formed in 1934 to originally serve teachers in Hillsborough County and later expanded to serve all school employees along the suncoast region. [BN] The Plaintiff is represented by: Jake Phillips, Esq. Jacob Phillips, Esq. NORMAND PLLC 3165 McCrory Place, Suite 175 Orlando, FL 30803 Telephone: (407) 603-6031 Facsimile: (888) 974-2175 E-mail: jacob.phillips@normandpllc.com service@normandpllc.com - and - Lynn A. Toops, Esq. COHEN & MALAD, LLP One Indiana Square, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 636-6481 Facsimile: (317) 636-2593 E-mail: ltoops@cohenandmalad.com - and - Jeffrey D. Kaliel, Esq. Sophia Gold, Esq. KALIEL PLLC 1875 Connecticut Avenue NW, 10th Floor Washington, DC 20009 Telephone: (202) 300-4783 Facsimile: (202) 871-8180 E-mail: jkaliel@kalielpllc.com sgold@kalielpllc.com - and - Christopher D. Jennings, Esq. JOHNSON FIRM 610 President Clinton Avenue, Suite 300 Little Rock, AK 72201 Telephone: (501) 372-1300 Facsimile: (888) 505-0909 E-mail: chris@yourattorney.com SWEETWATER SOUND: Reid Files ADA Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Sweetwater Sound Inc. The case is styled as Valentin Reid on behalf of himself and all others similarly situated, Plaintiff v. Sweetwater Sound Inc., Defendant, Case No. 1:19-cv-08280 (S.D. N.Y., Sept. 5, 2019). The Plaintiff filed the case under the Americans with Disabilities Act. Sweetwater Sound, Inc. retails music instruments. The Company offers drum machines, guitars, bass, keyboards, and sound and lighting products. Sweetwater Sound serves clients in the United States.[BN] The Plaintiff is represented by: David Paul Force, Esq. Stein Saks, PLLC 285 Passaic Street Hackensack, NJ 07601 Phone: (201) 282-6500 Email: dforce@steinsakslegal.com TOP FLITE: Fabricant Sues over Unsolicited Calls & Text Messages ---------------------------------------------------------------- TERRY D. FABRICANT, individually and as the representative of a class of similarly-situated persons, the Plaintiff, vs. TOP FLITE FINANCIAL, INC., a Michigan corporation, the Defendant, Case No. 2:19-cv-12558-LJM-SDD (E.D. Mich., Aug. 30, 2019), contends that the Defendant promotes and markets its merchandise, in part, by placing unsolicited telephone calls and sending text messages to wireless phone users, in violation of the Telephone Consumer Protection Act. The Defendant invaded Plaintiff's privacy by causing unsolicited calls to be made to Plaintiff's and other class members' cellular telephones through the use of an auto-dialer, called Plaintiff's cellular telephone which was listed on the National Do Not Call Registry, sent text messages to Plaintiff without prior written express consent, and violated the California Penal Code 632.7 by recording at least two telephone calls without Plaintiff's or the other class members’ knowledge or consent ,the lawsuit says.[BN] Attorneys for the Plaintiffs are: Ryan M. Kelly, Esq. ANDERSON + WANCA 3701 Algonquin Road, Suite 500 Rolling Meadows, IL 60008 Telephone: 847-368-1500 Facsimile: 847-368-1501 E-mail: rkelly@andersonwanca.com TOP SHIPS: Onel Appeals Brady Suit Dismissal to 2nd Circuit ----------------------------------------------------------- Movants Moshe Onel, Amardeep Sindhu and Joel Sofer filed an appeal from the District Court's memorandum decision and order dated August 3, 2019, and judgment dated August 6, 2019, dismissing the lawsuit entitled Brady, et al. v. Top Ships Inc., et al., Case No. 17-cv-4987, in the U.S. District Court for the Eastern District of New York. As reported in the Class Action Reporter on Aug. 22, 2019, the District Court issued a Memorandum Opinion and Order granting the Defendants' motion to dismiss the case. The Lead Plaintiffs bring this consolidated putative securities class action on behalf of all persons or entities who purchased or acquired Top Ships, Inc. common stock between November 23, 2016 and April 3, 2018. The Plaintiffs allege that the Defendants participated in a so-called death spiral financing scheme to manipulate the price of Defendant Top Ship's common stock, which they facilitated by making a number of allegedly misleading statements and omissions. The appellate case is captioned as Brady, et al. v. Top Ships Inc., et al., Case No. 19-2693, in the United States Court of Appeals for the Second Circuit.[BN] The Movants-Appellants are represented by: Jeremy Alan Lieberman, Esq. POMERANTZ LLP 600 3rd Avenue New York, NY 10016 Telephone: (212) 661-1100 E-mail: jalieberman@pomlaw.com Defendants-Appellees Top Ships Inc., Evangelos J. Pistiolis and Alexandros Tsirikos are represented by: Jeremy Adler, Esq. WILMER CUTLER PICKERING HALE AND DORR LLP 7 World Trade Center 250 Greenwich Street New York, NY 10007 Telephone: (212) 937-7518 E-mail: jeremy.adler@wilmerhale.com Defendants-Appellees Kalani Investments Limited, Murchinson Ltd., Marc Bistricer and Xanthe Holdings Ltd. are represented by: Peter H. White, Esq. SCHULTE ROTH & ZABEL LLP 1152 15th Street, NW Washington, DC 20005 Telephone: (202) 729-7470 E-mail: pete.white@srz.com TRUSTED MEDIA: Tovey Suit Moved to Southern District of California ------------------------------------------------------------------ Trusted Media Brands, Inc. case captioned as DANE TOVEY, individually and on behalf of all others similarly situated, the Plaintiff, vs. TRUSTED MEDIA BRANDS, INC., a Delaware corporation; and DOES 1-50, inclusive, the Defendants, Case No. 37-2019-00038992-CU-BT-CTL (Filed July 26, 2019), was removed from the Superior Court of San Diego, to the United States District Court for the Southern District of California on Aug. 30, 2019. The Southern District of California Court Clerk assigned Case No. 3:19-cv-01643-AJB-WVG to the proceeding. The complaint is styled as a putative class action, alleging violations of the California Consumer Legal Remedies Act and California's Unfair Competition law.[BN] Attorneys for the Defendant are: Kyle T. Cutts, Esq. kcutts@bakerlaw.com BAKER & HOSTETLER LLP Key Tower 127 Public Square, Suite 2000 Cleveland, OH 44114-1214 Telephone: 216-621-0200 Facsimile: 216-696-0740 UBS FINANCIAL: Lampkin Asks Supreme Ct. to Review Case Dismissal ---------------------------------------------------------------- Kevin Lampkin, et al., filed with the Supreme Court of the United States their petition for writ of certiorari in the matter titled KEVIN LAMPKIN; STEPHEN MILLER, individually and on behalf of all others similarly situated; JOE BROWN; FRANK GITTESS; TERRY NELSON; DIANNE SWIBER; ROBERT FERRELL, Petitioners v. UBS FINANCIAL SERVICES, INCORPORATED; formerly known as UBS Painewebber, Incorporated; UBS SECURITIES, L.L.C., formerly known as UBS Warburg, L.L.C., Respondents. The question presented is: "Is the grant of an employee stock option a 'sale' of a security under the Securities Act of 1933?" The United States Court of Appeals for the Fifth Circuit issued its opinion on May 24, 2019, affirming the District Court's dismissal of the lawsuit entitled Lampkin, et al. v. UBS Financial Services, Inc., et al., Case No. H-02-0851 (S.D. Tex.). The appellate case is captioned as Lampkin, et al. v. UBS Financial Services, Inc., et al., Case No. 17-20608, in the U.S. Court of Appeals for the Fifth Circuit. As previously reported in the Class Action Reporter on July 16, 2019, Fifth Circuit Judge Patrick E. Higginbotham affirmed the District Court's dismissal of the complaint for failure to state a claim. The Plaintiffs-Appellants bring the putative class action alleging violations of the securities laws against Defendants-Appellees UBS Financial Services, Inc. (formerly UBS PaineWebber) and UBS Securities, LLC (formerly UBS Warburg, LLC. During the relevant time period, PaineWebber and Warburg were separate legal entities and subsidiaries of UBS AG.[BN] The Plaintiffs-Petitioners are represented by: Andy Tindel, Esq. MT2 LAW GROUP 112 East Line Street, Suite 304 Tyler, TX 75702 Telephone: (903) 596-0900 E-mail: atindel@andytindel.com - and - Bonnie E. Spencer, Esq. Dawn Meade, Esq. David Augustus, Esq. THE SPENCER LAW FIRM 4635 Southwest Freeway, Suite 900 Houston, TX 77027 Telephone: (713) 961-7770 E-mail: bonniespencer@spencer-law.com dawnmeade@spencer-law.com davidaugustus@spencer-law.com UNITED INDUSTRIES: Bassaw Says Pesticide Not Effective ------------------------------------------------------ SHIVAN BASSAW, individually and on behalf of all others similarly situated, Plaintiff v. UNITED INDUSTRIES CORPORATION; and SPECTRUM BRANDS, INC., Defendants, Case No. 1:19-cv-07759 (S.D.N.Y., Aug. 19, 2019) is an action on behalf of similarly situated of persons who purchased the Defendants' product Hot Shot Concentrated Deep Reach Fogger. The lawsuit alleges violations of the consumer protection laws of New York, unjust enrichment, breach of express warranty and violation of the Magnuson-Moss Warranty Act. According to the complaint, the Plaintiff and the Class were injured and suffered damages as a result of the Defendants' misrepresentations on the effectiveness of the Hot Shot product. They would not have purchased Hot Shot if they had known that Hot Shot was ineffective for its stated purposes, and they overpaid for Hot Shot on account of its misrepresentations that it "kills on contact," "controls heavy infestations," "keeps killing up to 2 months," "kills roaches, fleas, ants (except fire ants), spiders, & other listed insects," and that it "kills hidden bugs . . . penetrates into cracks, crevices & carpet fibers." United Industries Corporation manufactures and markets chemicals for the consumer lawn and garden care and insect control markets. The Company offers a variety of brands, including Spectracide, Triazicide, and Real-Kill. [BN] The Plaintiff is represented by: Yitzchak Kopel, Esq. Scott A. Bursor, Esq. Yitzchak Kopel, Esq. Alec M. Leslie, Esq. BURSOR & FISHER, P.A. 888 Seventh Avenue New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 E-mail: scott@bursor.com ykopel@bursor.com aleslie@bursor.com UNITED STATES: Smith Files Class Suit in Federal Claims Ct. ----------------------------------------------------------- A class action lawsuit has been filed against USA. The case is styled as Petrina Smith, individual on behalf of herself and all others similarly situated, Plaintiffs v. USA, Defendant, Case No. 1:19-cv-01348-LAS (United States Court of Federal Claims, Sept. 4, 2019). The docket of the case states the nature of suit as Civilian Pay - FLSA filed pursuant to the Tucker Act. The U.S. is a country of 50 states covering a vast swath of North America, with Alaska in the northwest and Hawaii extending the nation’s presence into the Pacific Ocean. Major Atlantic Coast cities are New York, a global finance and culture center, and capital Washington, DC. Midwestern metropolis Chicago is known for influential architecture and on the west coast, Los Angeles' Hollywood is famed for filmmaking.[BN] The Plaintiff is represented by: David Roger Markham, Esq. Markham Law Firm 750 B Street, Suite 1950 San Diego, CA 92101 Tel: (619) 399-3995 Fax: (619) 615-2097 Email: lcarcione@markham-law.com USHEALTH GROUP: Jones Suit Removed to Kansas Dist. Ct. ------------------------------------------------------ The case captioned NATHAN C. JONES, individually and on behalf of all others similarly situated, Plaintiff, v. USHEALTH GROUP, INC., a Delaware corporation, and USHEALTH ADVISORS, LLC, a Texas limited liability company, Defendants, Case No. 19-CV-04156 was removed from the District Court of Johnson County, Kansas to the United States District Court for the District of Kansas on Sept. 4, 2019, and assigned Case No. 2:19-cv-02534. The suit arises from two text messages to Plaintiff's cellular telephone allegedly placed by an individual named Chad Beisel that Plaintiff asserts violated the Telephone Consumer Protection Act.[BN] The Defendants are represented by: Scott L. Brown, Esq. Blake & Uhlig, P.A. 475 New Brotherhood Building 753 State Avenue Kansas City, KS 66101 Phone: (913) 321-8884 Fax: (913) 321-2396 Email: slb@blake-uhlig.com VECTOR STRUCTURAL: Osorio Suit Moved From S.D.N.Y. to E.D.N.Y. -------------------------------------------------------------- The class action lawsuit styled ALEJANDRO MANUEL ZAPATA OSORIO, ARTURO DEL RAZO, BRAULIO ROLANDO CASHABAMBA CHANGO, BYRON SALVADOR BARRERA SANCHEZ, CARLOS E. SIERRA RODRIGUEZ, EDWIN FABRICIO CASHABAMBA TUBON, JESUS SIERRA, JUAN SIERRA, RAMON ROSALES GALVEZ, RAUL CHAVEZ DIAZ, SEGUNDO LEANDRO ALULEMA GUANO, SEGUNDO NICOLAS SIGUENCIA ENCALADA, and WILDER RODRIGUEZ, individually and on behalf of others similarly situated v. VECTOR STRUCTURAL PRESERVATION CORP. (D/B/A VECTOR STRUCTURAL PRESERVATION), NORTH STAR STRATEGY, INC. (D/B/A NORTH STAR STRATEGY), BILL HANDAKAS, VASSILIOS HANDAKAS, and SERGIO DOE, Case No. 1:19-cv-07261, was transferred on August 27, 2019, from the U.S. District Court for the Southern District of New York to the U.S. District Court for the Eastern District of New York. The Eastern District Court Clerk assigned Case No. 1:19-cv-04896-LDH-ST to the proceeding. The Plaintiffs are former employees of the Defendants employed as brick layers at the construction corporations located in Port Washington, New York, and Huntington Station, New York. The Plaintiffs allege that they worked in excess of 40 hours per week, without appropriate minimum wage and overtime compensation for the hours that they worked, in violation of the Fair Labor Standards Act. The Defendants own, operate, or control two construction corporations under the name "Vector Structural Preservation" and "North Star Strategy."[BN] The Plaintiffs are 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 VERINT SYSTEMS: Mediation Ongoing in Class Suit Against Unit ------------------------------------------------------------ Verint Systems Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on September 4, 2019, for the quarterly period ended July 31, 2019, that mediation is ongoing in the class action suit in Tel Aviv against the company's subsidiary Verint Systems Limited. In March 2009, one of the company's former employees, Ms. Orit Deutsch, commenced legal actions in Israel against the company's primary Israeli subsidiary, Verint Systems Limited ("VSL") (Case Number 4186/09) and against the company's affiliate Comverse Technology, Inc. (CTI) (Case Number 1335/09). Also in March 2009, a former employee of Comverse Limited (CTI's primary Israeli subsidiary at the time), Ms Roni Katriel, commenced similar legal actions in Israel against Comverse Limited (Case Number 3444/09). In these actions, the plaintiffs generally sought to certify class action suits against the defendants on behalf of current and former employees of VSL and Comverse Limited who had been granted stock options in Verint and/or CTI and who were allegedly damaged as a result of a suspension on option exercises during an extended filing delay period that is discussed in our and CTI's historical public filings. On June 7, 2012, the Tel Aviv District Court, where the cases had been filed or transferred, allowed the plaintiffs to consolidate and amend their complaints against the three defendants: VSL, CTI, and Comverse Limited. On October 31, 2012, CTI distributed of all of the outstanding shares of common stock of Comverse, Inc., its principal operating subsidiary and parent company of Comverse Limited, to CTI's shareholders (the "Comverse Share Distribution"). In the period leading up to the Comverse Share Distribution, CTI either sold or transferred substantially all of its business operations and assets (other than its equity ownership interests in Verint and in its then-subsidiary, Comverse, Inc.) to Comverse, Inc. or to unaffiliated third parties. As the result of these transactions, Comverse, Inc. became an independent company and ceased to be affiliated with CTI, and CTI ceased to have any material assets other than its equity interests in Verint. Prior to the completion of the Comverse Share Distribution, the plaintiffs sought to compel CTI to set aside up to $150.0 million in assets to secure any future judgment, but the District Court did not rule on this motion. In February 2017, Mavenir Inc. became successor-in-interest to Comverse, Inc. On February 4, 2013, Verint acquired the remaining CTI shell company in a merger transaction (the "CTI Merger"). As a result of the CTI Merger, Verint assumed certain rights and liabilities of CTI, including any liability of CTI arising out of the foregoing legal actions. However, under the terms of a Distribution Agreement entered into in connection with the Comverse Share Distribution, the company, as successor to CTI, are entitled to indemnification from Comverse, Inc. (now Mavenir) for any losses the company may suffer in its capacity as successor to CTI related to the foregoing legal actions. Following an unsuccessful mediation process, on August 28, 2016, the District Court (i) denied the plaintiffs' motion to certify the suit as a class action with respect to all claims relating to Verint stock options and (ii) approved the plaintiffs' motion to certify the suit as a class action with respect to claims of current or former employees of Comverse Limited (now part of Mavenir) or of VSL who held unexercised CTI stock options at the time CTI suspended option exercises. The court also ruled that the merits of the case would be evaluated under New York law. As a result of this ruling (which excluded claims related to Verint stock options from the case), one of the original plaintiffs in the case, Ms. Deutsch, was replaced by a new representative plaintiff, Mr. David Vaaknin. CTI appealed portions of the District Court’s ruling to the Israeli Supreme Court. On August 8, 2017, the Israeli Supreme Court partially allowed CTI's appeal and ordered the case to be returned to the District Court to determine whether a cause of action exists under New York law based on the parties' expert opinions. Following a second unsuccessful round of mediation in mid to late 2018, the proceedings resumed. The plaintiffs have filed a motion to amend the class certification motion and CTI has filed a corresponding motion to dismiss and a response. At a hearing on April 16, 2019, the District Court suggested that the parties consider another round of mediation, which is currently in process. Verint Systems Inc. provides actionable intelligence solutions worldwide. Verint Systems Inc. was founded in 1994 and is headquartered in Melville, New York. VINTAGE KING AUDIO: Diaz Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Vintage King Audio, Inc. The case is styled as Edwin Diaz on behalf of himself and all others similarly situated, Plaintiff v. Vintage King Audio, Inc., Defendant, Case No. 1:19-cv-08271-VSB (S.D. N.Y., Sept. 5, 2019). The Plaintiff filed the case under the Americans with Disabilities Act. Vintage King Audio is an online platform that offers recording equipment and tools.[BN] The Plaintiff is represented by: Joseph H Mizrahi, Esq. Cohen & Mizrahi LLP 300 Cadman Plaza West, 12th Floor Brooklyn, NY 11201 Phone: (917) 299-6612 Fax: (929) 575-4195 Email: joseph@cml.legal WANGS ALLIANCE: Lovelace Seeks OT Wages for Manual Workers ---------------------------------------------------------- Shaun Lovelace, Individually, and on behalf of all others similarly situated, the Plaintiff, v. Wangs Alliance Corporation, the Defendant, Case No. 715030/2019 (N.Y. Sup., Aug. 30, 2019), asserts that Plaintiff and a class of other similarly situated current and former hourly manual workers who worked for the Defendant, are entitled to maximum liquidated damages (for the period after April 9, 2011) and interest for being paid overtime wages and non-overtime wages later than weekly; entitled to costs and attorneys' fees, pursuant to the New York Labor Law; and entitled to unpaid overtime wages from Defendant for working more than 40 hours in a week and not being paid an overtime rate of at least 1.5 times his regular rate for such hours over 40 in a week pursuant to the New York Minimum Wage. The Plaintiff was employed by Defendant as a manual worker performing all manual, physical and repetitive tasks within the capacity including packing, unpacking, moving, lifting and handling merchandise and packages throughout his workday. Wangs Alliance Corporation, doing business as WAC Lighting Co., provides lighting solutions. The Company offers wall lights, electrical apparatus, and wiring supplies. WAC Lighting operates worldwide.[BN] Counsel for the Plaintiff are: Abdul K. Hassan, Esq. ABDUL HASSAN LAW GROUP 215-28 Hillside Avenue Queens Village, NY 11427 Telephone: 718-740-1000 Facsimile: 718-355-9668 E-mail: abdul@abdulhassan.com WHIRLPOOL CORP: Schechner Submits Sealed Appeal to Sixth Circuit ---------------------------------------------------------------- Plaintiffs Barbara Barnes, Laura Bliss, Kathleen Jordan, Kathryn Limpede, Louise Miljenovic, Candace Oliarny, Toby Schechner, Beverly Simmons, Mary Ellen Thome and Richard Thome filed a sealed petition for review of a District Court ruling issued in their lawsuit entitled TOBY SCHECHNER, et al. v. WHIRLPOOL CORPORATION, Case No. 2:16-cv-12409, in the U.S. District Court for the Eastern District of Michigan at Detroit. As previously reported in the Class Action Reporter, the District Court issued an Order overruling the Plaintiffs' objections and Defendant's objections to the discovery master's report and recommendation in the case. The litigation is a putative class action in which the Plaintiffs allege that Whirlpool's marketing and advertising for its ovens with AquaLift self-cleaning technology (AquaLift ovens) were false, deceptive, and misleading because the ovens did not clean as effectively as advertised. The appellate case is captioned as In re: Toby Schechner, et al., Case No. 19-111, in the United States Court of Appeals for the Sixth Circuit.[BN] Plaintiffs-Petitioners TOBY SCHECHNER, et al., are represented by: Douglas S. Wilens, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 120 East Palmetto Park Road, Suite 500 Boca Raton, FL 33432 Telephone: (561) 750-3000 Facsimile: (561) 750-3364 E-mail: DWilens@rgrdlaw.com Defendant-Respondent WHIRLPOOL CORPORATION is represented by: Howard B. Iwrey, Esq. DYKEMA GOSSETT PLLC 39577 Woodward Avenue, Suite 300 Bloomfield Hills, MI 48304 Telephone: (248) 203-0526 E-mail: hiwrey@dykema.com WOODLANDS FRANCHISE: Ivory Seeks to Recover Overtime Pay Under FLSA ------------------------------------------------------------------- JUSTIN IVORY, Individually and On Behalf of All Similarly Situated Persons v. WOODLANDS FRANCHISE MANAGEMENT, LLC, Case No. 4:19-cv-03231 (S.D. Tex., Aug. 27, 2019), is brought under the Fair Labor Standards Act seeking to recover unpaid overtime compensation, liquidated damages, and attorney's fees. Woodlands Franchise Management, LLC ("WFM") is a Texas limited liability company. WFM was at all relevant times an enterprise engaged in commerce or in the production of goods for commerce.[BN] The Plaintiff is represented by: Josef F. Buenker, Esq. Vijay Pattisapu, Esq. THE BUENKER LAW FIRM 2060 North Loop West, Suite 215 Houston, TX 77018 Telephone: (713) 868-3388 Facsimile: (713) 683-9940 E-mail: jbuenker@buenkerlaw.com vijay@buenkerlaw.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 publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***