/raid1/www/Hosts/bankrupt/CAR_Public/200123.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, January 23, 2020, Vol. 22, No. 17
Headlines
20TH CENTURY: Court Won't Certify Class Suit over Empire Filming
24 HOUR FITNESS: Conn Class Suit Removed to N.D. California
ACSC MANAGEMENT: Fails to Pay Minimum & OT Wages, Gutierrez Says
ALABAMA: Sutton Files Civil Rights Suit in Alabama
ALLIED INTERSTATE: Court Certifies Settlement Class
ALLSATE IDEMNITY: Floyd Files Suit Over Insurance Dispute in S.C.
APPA INC: Faces Santiago Suit Over Illegal and Unwanted Marketing
BAOZUN INC: Vincent Wong Reminds Investors of Feb. 10 Deadline
BEIGENE LTD: Rosen Continues to Investigate Securities Claims
BEST BUY CO: Fails to Give Compliant COBRA Notice, Pruitt Claims
BMW OF NORTH AMERICA: Martinez Suit Transferred to C.D. Calif.
CONDUENT COMMERCIAL: Faces Richardson Employment Suit in Calif.
CROWN ASSET: Faces Velazquez Suit Alleging Violation of FDCPA
DASUYA ENTERPRISES: Court Conditionally Certifies FLSA Collective
DECKS WEST: Purintun Seeks Earned Wages on Public Works Projects
DIVERSIFIED WELL: Seton Seeks to Recover Regular & Overtime Wages
DJJRN INC: Fails to Pay Overtime Wages Under FLSA, Melendez Says
E.E. HALL INC: Avalos Files Suit in Cal. Super. Ct.
EASTERN MICHIGAN UNIVERSITY: Court Certifies Female Students Class
EDELMAN SHOE: Gift Cards Not Accessible to Blind, Mendez Claims
EGS FINANCIAL: Lemnazhi Files FDCPA Suit in E.D. New York
ENAGIC USA: Court Grants Final Approval of Class Action Settlement
ENBRIDGE INC: Faces BHK Realty Suit Over 2019 Newport Gas Crisis
ENTERPRISE HOLDINGS: Rubenstein Sues Over Debt Collection Actions
ESTENSION LOGISTICS: Johnson Labor Suit Moved to C.D. California
F.H. CANN: Faces Kruman FDCPA Suit in NY
FEDEX SUPPLY: Carmello BIPA Class Suit Removed to N.D. Illinois
GILEAD SCIENCES: MSP Recovery Sues Over Antitrust Violations
GIRVIN & FERLAZZO: Wengarten Files FDCPA Suit in New York
GREEN DOT: Kirby McInerney Reminds Investors of Class Action Suit
GREEN DOT: Rosen Law Files Class Action Lawsuit
HARMAN INTERNATIONAL: Baum Seeks to Certifying Class Action
HERBALIFE INT'L: Rodgers Suit Moved From Florida to California
HERITAGE INC: Rojer Wage and Hour Suit Removed to D. Oregon
HEXO CORP.: Hagens Berman Reminds Investors of Jan. 27 Deadline
HOMELAND SECURITY: Court Certifies Class of Detainees
INTUIT INC: Class Certification Sought in Free Tax Filing Case
JZANUS LTD: Macias Files FDCPA Suit in E.D. New York
MERCEDES-BENZ USA: Hamm Seeks to Certify Car Owners, Lessees Class
MERCEDES-BENZ USA: Hazdovac Files Property Damage Liability Suit
MESSERLI & KRAMER: Placeholder Class Cert. Bid Filed in "Aviles"
MIDLAND CREDIT: Gordon Files FDCPA Suit in S.D. New York
MOHSEN TRANSPORTATION: Godinez Seeks Unpaid Wages for Drivers
NATIONAL COLLEGIATE: Andrews Files Suit in S.D. Indiana
NATIONAL COLLEGIATE: Kopp Files PI Suit in S.D. Indiana
NATIONSTAR MORTGAGE: Tolands Seek to Certify Class of Homeowners
NYS THRUWAY: Renewed Bid for Class Certification Sought
OMNICARE INC: Certification of Hager Collective Action Sought
PERSONNEL STAFFING: Court Denies Certification of Three Classes
POSITIVE BEHAVIOR: Knowles Labor Suit Removed to N.D. California
PROFESSIONAL CLAIMS: Katz Suit Asserts FDCPA Violation
SACRAMENTO LAUNDRY: Faces Valentin Employment Suit in California
SAGINAW, MI: Taylor Seeks to Certify Class & Subclass
SAUK VILLAGE: Certification of Property Owners Class Sought
STERLING FABRICATING: Fails to Properly Pay Wages, Devault Claims
SUBARU OF AMERICA: Faces Armstrong Class Suit in C.D. California
SUPERIOR ENERGY: Court Conditionally Certifies Class of Operators
TJX COMPANIES: Mullen Files ADA Suit in W.D. Pennsylvania
TRAVELCENTERS OF AMERICA: Garner Sues Over Unpaid Overtime Wages
UBER TECHNOLOGIES: Brower Files Suit in Cal. Super. Ct.
UNION CARBIDE: Faces Letart Suit Over Exposure to Ethylene Oxide
UNION CARBIDE: Somerville Sues Over Exposure to Ethylene Oxide
WHITE MEMORIAL: Punay Suit Seeks to Recover Unpaid Overtime Wages
X FINANCIAL: Rosen Law Reminds Investors of Feb. 7 Deadline
*********
20TH CENTURY: Court Won't Certify Class Suit over Empire Filming
----------------------------------------------------------------
In the class action lawsuit styled as T.S. and Q.B., individually
and on behalf of all others similarly situated, the Plaintiffs, v.
TWENTIETH CENTURY FOX TELEVISION, FOX BROADCASTING COMPANY,
TWENTY-FIRST CENTURY FOX, INC., FOX ENTERTAINMENT GROUP, LLC, FOX
NETWORKS GROUP, INC., FOX TELEVISION GROUP, THE COUNTY OF COOK,
ILLINOIS, LEONARD DIXON, JOHN DOES 1 THROUGH 20, and THE CHIEF
JUDGE OF THE CIRCUIT COURT OF COOK COUNTY, the Defendants, Case No.
1:16-cv-08303 (N.D. Ill.), the Hon. Judge Rebecca R. Pallmeyer
entered an order on Jan. 16, 2020, denying Plaintiffs' motion for
class certification without prejudice to renewal within 21 days of
the order on behalf of:
"all youth detained at the Juvenile Temporary Detention Center
(JTDC) during Empire filming."
The Court says, the Plaintiffs have not yet met the requirements of
Rule 23(a) and (b) and the court, therefore, declines to certify
their proposed class at this time. Defendants may then respond to
the renewed motion for class certification or seek a determination
on the merits.
The court notes, further, that although it appears Plaintiffs'
claims present common questions, it may well be that some residents
of the JTDC were affected by the Empire filming only briefly or in
relatively insignificant ways.
Moreover, as time passes, it likely will become increasingly
difficult to locate and provide meaningful relief to a class of
persons who were juveniles at the time of the relevant events but
may well now be moving toward adulthood. For all of these reasons,
the Court encourages the parties to explore the possibility of
settlement before incurring the expense of another round of
briefing.
The Plaintiffs allege that Empire filming altered the normal
operations of the JTDC in ways that harmed them and other juvenile
detainees. In the proposed class action, they assert claims under
42 U.S.C. section 1983 and various supplemental state law theories.
During the summer of 2015, Plaintiffs T.S. and Q.B. were pretrial
detainees at the Cook County JTDC. On several days during that
summer, the Fox Defendants filmed scenes for the television show
Empire at the JTDC.
Twentieth Century is a television-production studio owned by Walt
Disney Television, a division of The Walt Disney Company.[CC]
24 HOUR FITNESS: Conn Class Suit Removed to N.D. California
-----------------------------------------------------------
The class action lawsuit styled as Richard Conn, individually, and
on behalf of a class of others similarly situated v. 24 Hour
Fitness USA, Inc., a corporation, Case No. C19-02183, was removed
from the Superior Court of California, Contra Costa County, to the
U.S. District Court for the Northern District of California
(Oakland) on Dec. 6, 2019.
The Northern District of California Court Clerk assigned Case No.
4:19-cv-08010-HSG to the proceeding. The case is assigned to the
Hon. Judge Haywood S. Gilliam, Jr.
24 Hour Fitness is a privately owned and operated fitness center
chain headquartered in San Ramon, California.[BN]
The Plaintiff is represented by:
Jacob L. Karczewski, Esq.
EMPLOYEE JUSTICE LEGAL GROUP, PC
3055 Wilshire Boulevard, Suite 1120
Los Angeles, CA 90010
Telephone: (213) 382-2222
Facsimile: (213) 382-2230
E-mail: jkarczewski@rrexparris.com
The Defendant is represented by:
Elizabeth L. Deeley, Esq.
Joseph C. Hansen, Esq.
LATHAM & WATKINS LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111-6538
Telephone: (415) 391-0600
Facsimile: (415) 395-8095
E-mail: elizabeth.deeley@lw.com
joseph.hansen@lw.com
ACSC MANAGEMENT: Fails to Pay Minimum & OT Wages, Gutierrez Says
----------------------------------------------------------------
BLANCA GUTIERREZ, an individual on behalf of herself and all others
similarly situated v. ACSC MANAGEMENT SERVICES, INC., a California
corporation; AUTO CLUB ENTERPRISES, a California corporation; and
DOES 1 through 50, inclusive, Case No. 19STCV44116 (Cal. Super.,
Dec. 6, 2019), arises from the Defendants' failure to pay minimum
and overtime wages, to provide meal periods and rest breaks, and to
pay reporting time wage.
The Plaintiff brings this representative action, pursuant to the
Private Attorneys General Act of 2004, California Labor Code, on
behalf of herself and all similarly situated aggrieved non-exempt
employees (Aggrieved Employees) who currently work or formerly
worked for the Defendants.
The Plaintiff alleges that the Aggrieved Employees consistently
worked at the Defendants' behest without being paid all wages due.
Aggrieved Employees were either not paid by the Defendants for all
hours worked or were not paid at the appropriate minimum, regular
and overtime rates. The Plaintiff also alleges that the Defendants
failed to pay the Aggrieved Employees all wages due and owing,
including by requiring off the clock work, unlawfully rounding to
their detriment, under-recording hours worked.
ACSC Manangement is doing business in insurance agents, brokers,
and service industry. Auto Club Enterprises operates as an
insurance company. The Company offers auto, home, life, travel,
business, boat, and other insurance products and services, as well
as provides hotels, flights, cruises, trip, automotive, financial,
and other related services.[BN]
The Plaintiff is represented by:
David Yeremian, Esq.
Natalie Haritoonian, Esq.
DAVID YEREMIAN & ASSOCIATES, INC.
535 N. Brand Blvd., Suite 705
Glendale, CA 91203
Telephone: (818) 230-8380
Facsimile: (818) 230-0308
E-mail: david@yeremi anlaw.com
natalie@yeremianlaw.com
- and -
Sahag Majarian II, Esq.
LAW OFFICES OF SAHAG MAJARIAN II
18250 Ventura Blvd.
Tarzana, CA 91356
Telephone: (818) 609-0807
E-mail: sahagii@aol.com
ALABAMA: Sutton Files Civil Rights Suit in Alabama
--------------------------------------------------
A class action lawsuit has been filed against Alabama, Town of
Leesburg. The case is styled as Lena Sutton, on behalf of herself
and those similarly situated, Plaintiff v. Alabama, Town of
Leesburg, Defendant, Case No. 4:20-cv-00091-ACA (N.D. Ala., Jan.
17, 2020).
The nature of suit is stated as Other Civil Rights.
Leesburg is a town in Cherokee County, Alabama, United States. At
the 2010 census, the population was 1,027.[BN]
The Plaintiff is represented by:
Brian M. Clark, Esq.
WIGGINS CHILDS PANTAZIS FISHER & GOLDFARB
The Kress Building
301 19th Street North
Birmingham, AL 35203
Phone: (205) 314-0500
Fax: (205) 254-1500
Email: Bclark@wigginschilds.com
ALLIED INTERSTATE: Court Certifies Settlement Class
---------------------------------------------------
In the class action lawsuit styled as ESMERALDA GARCIA, an
individual on behalf of herself and all others similarly situated,
the Plaintiff, v. ALLIED INTERSTATE, LLC, a Minnesota Corporation;
IQOR US, INC., a Delaware Corporation; LVNV FUNDING, a Delaware
Limited Liability Company; RESURGENT CAPITAL SERVICES, L.P., a
Delaware Limited Partnership; and ALEGIS GROUP, LLC, a Delaware
Limited Liability Company; and JOHN AND JANE DOES 1 NUMBERS THROUGH
25, the Defendants, Case 5:15-cv-00294-RC (W.D. Tex.), the Hon.
Judge Rice C. Lamberth entered an order:
1. certifying a settlement class of:
"(a) all individuals with addresses in the State of Texas;
(b) to whom a collection letter was sent on behalf of LVNV
Funding, LLC; (c) offering a settlement of a debt; (d) which
debt was a credit card debt on which the last payment or
activity had occurred more than four years prior to the date
of the letter; (e) which letter was sent during the period
from April 16, 2014, through the date of preliminary
approval; and (f) who either made a payment, a payment
promise, or a dispute subsequent to the sending of the
letter."
Excluded from the Class are:
(a) any person who is already subject to an existing
settlement agreement with LVNV Funding, LLC, Resurgent
Capital Services, LP, or Alegis Group, LLC;
(b) any person who is deceased as of the date of the
Conditional Certification Order and for whom an
administrator or executor has not been appointed;
(c) any person who has filed for bankruptcy protection under
Title 11 of the United States Code as of the date of the
Conditional Certification Order; and
(d) any Class Member who timely submitted a request for
exclusion.
2. approving the settling Parties' form of notice, and plan for
providing notice to, class members; and
3. directing Administrator to process and pay all class member
claims it receives up to seven days prior to the class
recovery distribution:
In accordance with the Agreement, the Court ruled that:
Class Settlement Fund
The Settling Defendants shall pay to the Class a total
Settlement Fund of $130,000.00, which shall be disbursed to
each Class Member who did not exclude him/herself and who
returns a claim form ("Claimants") within 45 days from the
date of this Order is entitled to receive a payment from the
Settlement Fund as follows:
-- 50% of the Settlement Fund will be apportioned and
disbursed on a pro rata basis to each Claimant whose
collection letter was dated on or before May 6,2015.
-- 50% of the Settlement Fund will be apportioned and
disbursed on a pro rata basis to each Claimant whose
collection letter was dated on or after May 6, 2015.
Residual Class Recovery
Claimants will receive payment from the Class Recovery by
check, which will be void 120 days from the date of
issuance. If any portion of the Class Recovery remains
unclaimed after the void date on the Claimants' checks,
those remaining funds shall be distributed as a cy pres
donation to the Texas Access to Justice Foundation.
Class Account Credits.
In addition to the Settlement Fund, LVNV shall provide to
each Class Memberregardless of whether they made a claim and
account credit of the lesser of: (i) $115.00; or (ii) the
Class Member's remaining balance owed to LVNV.
Class Credit Reporting Deletion of Tradelines
The Settling Defendants shall request the request deletion
of all credit trade lines for each Class Member for whom the
debt at issue in this litigation is still being reported to
a consumer reporting agency. No claim fonn is required to
receive the trade line deletion.
Plaintiff's Recovery
The Settling Defendants shall pay Plaintiff $5,000.00, which
represents $500.00 in satisfaction of V2 of her individual
claim for statutory damages and $4,500 for her service to
the Class.
Class Counsel Fees & Costs
The Settling Defendants shall pay Class Counsel $200,000.00
for their attorneys' fees and costs incurred in the action
based upon their hourly rates and materials submitted in
support of final approval which the Court finds reasonable.
Class Counsel shall not request additional fees or costs
from the Settling Defendants or Class Members.
Allied Interstate is a collection agency.[CC]
ALLSATE IDEMNITY: Floyd Files Suit Over Insurance Dispute in S.C.
-----------------------------------------------------------------
A class action lawsuit has been filed against Allstate Indemnity
Company. The case is styled as Linda Floyd, individually and on
behalf of all others similarly situated, Plaintiff v. Allstate
Indemnity Company, Defendant, Case No. 4:20-cv-00183-SAL (D.S.C.,
Jan. 20, 2020).
The nature of suit is stated as Insurance for Breach of Contract.
Allstate Indemnity Company provides property and casualty insurance
services.[BN]
The Plaintiff is represented by:
David Eugene Massey, Esq.
Massey and Associates
PO Box 7014
Columbia, SC 29202
Phone: (803) 799-9022
Fax: (803) 256-4824
Email: radmassey@aol.com
APPA INC: Faces Santiago Suit Over Illegal and Unwanted Marketing
-----------------------------------------------------------------
Amanda Santiago, individually and on behalf of all others similarly
situated v. APPA, INC., a Delaware corporation, Case No.
1:20-cv-20173-KMW (S.D. Fla., Jan. 15, 2020), seeks to secure
redress for violation of Telephone Consumer Protection Act.
To promote its services, the Defendant engages in unsolicited
marketing, harming thousands of consumers in the process, says the
complaint.
Through this action, the Plaintiff seeks injunctive relief to halt
the Defendant's illegal conduct, which has resulted in the invasion
of privacy, harassment, aggravation, and disruption of the daily
life of thousands of individuals. The Plaintiff also seeks
statutory damages on behalf of himself and members of the class,
and any other available legal or equitable remedies.
Plaintiff is a natural person, who was a resident of Miami-Dade
County, Florida.
The Defendant is telecommunications company that specializes in
international calling.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
Garrett O. Berg, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Ave., Suite 1205
Miami, FL 33132
Phone (305) 479-2299
Email: ashamis@shamisgentile.com
gberg@shamisgentile.com
- and -
Scott Edelsberg, Esq.
EDELSBERG LAW, PA
20900 NE 30th Ave., Suite 417
Aventura, FL 33180
Phone: (305) 975-3320
Email: scott@edelsberglaw.com
BAOZUN INC: Vincent Wong Reminds Investors of Feb. 10 Deadline
--------------------------------------------------------------
The Law Offices of Vincent Wong announce that a class action have
commenced on behalf of certain shareholders in Baozun Inc. (BZUN).
If you suffered a loss you have until the lead plaintiff deadline
to request that the court appoint you as lead plaintiff. There will
be no obligation or cost to you.
If you suffered a loss, contact us at:
http://www.wongesq.com/pslra-1/baozun-inc-loss-submission-form?prid=5075&wire=1
Lead Plaintiff Deadline: February 10, 2020
Class Period: Baozun American Depository Receipts between March 6,
2019 and November 20, 2019
Allegations against BZUN include that: (a) Baozun was heavily
reliant upon a single brand partner, Huawei, for the exponential
service fee growth it had been reporting historically, which was in
turn fueling its historical revenue growth; (b) compared to other
brands Baozun had as brand partners, the Huawei work had
historically included a lot of additional add-on service fees,
increasing the revenue reported from Huawei vis-a-via its other
brand partners; (c) Huawei, like other large brands, was actively
preparing to bring its online merchandising in-house, meaning
Baozun knew that it was losing a significant brand partner; and (d)
as a result of the foregoing, the Company was not on track to
achieve the financial results and performance Defendants claimed
the Company was on track to achieve during the class period.
To learn more contact Vincent Wong, Esq. either via email
vw@wongesq.com or by telephone at 212.425.1140.
Vincent Wong, Esq. is an experienced attorney who has represented
investors in securities litigations involving financial fraud and
violations of shareholder rights.
Contact:
Vincent Wong, Esq.
39 East Broadway
Suite 304
New York, NY 10002
Tel. 212.425.1140
Fax. 866.699.3880
E-Mail: vw@wongesq.com
[GN]
BEIGENE LTD: Rosen Continues to Investigate Securities Claims
-------------------------------------------------------------
Rosen Law Firm, a global investor rights law firm, continues to
investigate potential securities claims on behalf of shareholders
of BeiGene, Ltd. (NASDAQ: BGNE) resulting from allegations that
BeiGene may have issued materially misleading business information
to the investing public.
On September 5, 2019, J Capital Research published a report
asserting, in part, that BeiGene "is faking sales in order to
persuade investors that it can develop a successful platform in
China" and that "management may also be skimming R&D and capital
budgets." On this news, the price of BeiGene securities fell
$19.95 per share, or 14.19%, over the following two trading
sessions, closing at $120.61 on September 6, 2019.
Rosen Law Firm is preparing a class action lawsuit to recover
losses suffered BeiGene investors. If you purchased shares of
BeiGene please visit the firm's website at
http://www.rosenlegal.com/cases-register-1670.htmlto join the
class action. You may also contact Phillip Kim of Rosen Law Firm
toll free at 866-767-3653 or via email at pkim@rosenlegal.com or
cases@rosenlegal.com.
Rosen Law Firm represents investors throughout the globe,
concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm was Ranked No. 1
by ISS Securities Class Action Services for number of securities
class action settlements in 2017. The firm has been ranked in the
top 3 each year since 2013. Rosen Law Firm has secured hundreds of
millions of dollars for investors.
Contact:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
E-mail: lrosen@rosenlegal.com
pkim@rosenlegal.com
cases@rosenlegal.com
Website: www.rosenlegal.com
[GN]
BEST BUY CO: Fails to Give Compliant COBRA Notice, Pruitt Claims
----------------------------------------------------------------
Daniel Pruitt, individually and on behalf of all others similarly
situated v. BEST BUY CO., INC., Case No. 8:20-cv-00110-JSM-AEP
(M.D. Fla., Jan. 15, 2020), alleges that the Defendant violated the
Employee Retirement Income Security Act of 1974, as amended by the
Consolidated Omnibus Budget Reconciliation Act of 1985, by failing
to provide him with a COBRA notice that complies with the law.
Despite having access to the Department of Labor's Model COBRA
form, Best Buy chose not to use the model form--presumably to save
Best Buy money because COBRA coverage is inherently expensive for
employers, Mr. Pruitt alleges. He asserts that the deficient COBRA
notices at issue in this lawsuit both confused and misled him. He
adds that it also caused him economic injuries in the form of lost
health insurance and unpaid medical bills, as well as informational
injuries.
The Defendant Best Buy, the plan sponsor and plan administrator of
the Best Buy Health and Welfare Plan, has repeatedly violated ERISA
by failing to provide participants and beneficiaries in the Plan
with adequate notice, as prescribed by COBRA, of their right to
continue their health coverage upon the occurrence of a "qualifying
event," says the complaint. Simply put, the Plaintiff notes, the
Defendant's COBRA notice and process violates the law.
Rather than including all information required by law in a single
notice "written in a manner calculated to be understood by the
average plan participant," the Defendant's COBRA notification
process instead offers only part of the legally required
information, asserts Mr. Pruitt, a former employee of the Defendant
for more than 20 years and was covered based on his health plan
through the Defendant.
The Defendant is the sponsor of the Plan, which provides medical
benefits to employees and their beneficiaries and is an employee
welfare benefit plan.[BN]
The Plaintiff is represented by:
Luis A. Cabassa, Esq.
Brandon J. Hill, Esq.
WENZEL FENTON CABASSA, P.A.
1110 North Florida Ave., Suite 300
Tampa, FL 33602
Main No: 813-224-0431
Direct Dial: 813-337-7992
Facsimile: 813-229-8712
Email: lcabassa@wfclaw.com
bhill@wfclaw.com
- and -
Chad A. Justice, Esq.
JUSTICE FOR JUSTICE LLC
1205 N Franklin St., Suite 326
Tampa, FL 33602
Phone: 813-566-0550
Facsimile: 813-566-0770
Email: chad@getjusticeforjustice.com
BMW OF NORTH AMERICA: Martinez Suit Transferred to C.D. Calif.
--------------------------------------------------------------
The class action lawsuit styled as Rolando Martinez individually
and on behalf of all others similarly situated v. BMW of North
America LLC, Case No. 3:19-cv-05479, was transferred from the U.S.
District Court for Northern District of California to the U.S.
District Court for the Central District of California on Dec. 12,
2019.
The Central District Court Clerk assigned Case No.
2:19-cv-10511-VAP-SK. The case is assigned to the Hon. Judge
Virginia A. Phillips.
The suit alleges violation fraud related laws.
BMW of North America, LLC, markets and sells motor vehicles.[BN]
The Plaintiff is represented by:
Robert L. Starr, Esq.
LAW OFFICE OF ROBERT STARR APC
23901 Calabasas Road, Suite 2072
Calabasas, CA 91302
Telephone: (818) 225-9040
Facsimile: (818) 225-9042
E-mail: robert@starrlaw.com
- and -
Ari Yale Basser, Esq.
Jordan L. Lurie, Esq.
POMERANTZ LLP
1100 Glendon Avenue, 15th Floor
Los Angeles, CA 90024
Telephone: (310) 436-6496
E-mail: abasser@pomlaw.com
jllurie@pomlaw.com
The Defendant is represented by:
Eric Y. Kizirian, Esq.
LEWIS BRISBOIS BISGAARD AND SMITH LLP
633 West 5th Street, Suite 4000
Los Angeles, CA 90071
Telephone: (213) 250-1800
Facsimile: (213) 250-7900
E-mail: eric.kizirian@lewisbrisbois.com
CONDUENT COMMERCIAL: Faces Richardson Employment Suit in Calif.
---------------------------------------------------------------
A class action lawsuit has been filed against Conduent Commercial
Solutions, LLC. The case is captioned as JOSEPH RICHARDSON,
INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v.
CONDUENT COMMERCIAL SOLUTIONS, LLC, A NEVADA LIMITED LIABILITY
COMPANY, Case No. BCV-19-103468 (Cal. Super., Dec. 11, 2019).
The case is assigned to the Hon. Judge Stephen D. Schuett.
The suit alleges violation of employment related laws.
Conduent is a business services partner for companies and
governments worldwide.[BN]
The Plaintiff is represented by:
Launa N. Adolph, Esq.
MATERN LAW GROUP, PC
1230 Rosecrans Ave., Suite 200
Manhattan Beach, CA 90266
Telephone: (855) 201-5143
Facsimile: (310) 531-1901
CROWN ASSET: Faces Velazquez Suit Alleging Violation of FDCPA
-------------------------------------------------------------
A class action lawsuit has been filed against Crown Asset
Management, LLC, et al. The case is captioned as Josafat Velazquez,
on behalf of herself and all others similarly situated v. Crown
Asset Management, LLC and Blitt and Gaines, P.C., Case No.
1:19-cv-08144 (N.D. Ill., Dec. 12, 2019).
The case is assigned to the Hon. Judge Andrea R. Wood.
The suit alleges violation of the Fair Debt Collection Practices
Act.
Crown Asset is a professional receivables management and consulting
firm. Blitt & Gaines is a full service collections law firm.[BN]
The Plaintiff is represented by:
Mario Kris Kasalo, Esq.
THE LAW OFFICE OF M. KRIS KASALO, LTD.
20 North Clark Street, Suite 3100
Chicago, IL 60602
Telephone: (312) 726-6160
E-mail: mario.kasalo@kasalolaw.com
- and -
Celetha Chatman, Esq.
Michael Jacob Wood, Esq.
COMMUNITY LAWYERS GROUP, LTD.
20 North Clark Street, Suite 3100
Chicago, IL 60602
Telephone: (312) 757-1880
E-mail: cchatman@communitylawyersgroup.com
mwood@communitylawyersgroup.com
DASUYA ENTERPRISES: Court Conditionally Certifies FLSA Collective
-----------------------------------------------------------------
In the class action lawsuit styled as CRYSTAL SMITH, ET AL., the
Plaintiffs, v. DASUYA ENTERPRISES LLC, ET AL., the Defendants, Case
No. 2:17-cv-17895-CJB-JVM (E.D. La.), the Hon. Judge Carl J.
Barbier entered an order on Jan. 14, 2020:
1. granting Plaintiffs' motion to conditionally certify Fair
Labor Standards Act collective action and to facilitate
notice on behalf of:
"all persons employed by Defendants since December 2016 who
were paid on an hourly basis but were required to work off
the clock hours for which they were not paid, thereby
depriving them of the federal minimum wage and/or were not
paid at an overtime rate of one and one-half times their
hourly rate of pay for each hour worked in excess of 40 per
week in violation of the FLSA";
2. approving proposed notice and pot-in forms;
3. directing Defendants to provide a list of the names, dates
of employment, telephone numbers, email addresses, and last
known addresses of all current or former employees who may
be members of the collective class to counsel for Plaintiffs
within 14 days of the Order;
4. setting the time period in which potential opt-in Plaintiffs
may opt-in of 120 days; and
5. denying as moot Plaintiffs' motion to strike.
The Court held that the 120-day opt-in period will begin to run on
the date that Defendants provide a complete list of the names,
dates of employment, telephone numbers, email addresses, and last
known addresses of all potential opt-in plaintiffs to counsel for
Plaintiffs. All Opt-In Forms must be filed on the record no later
than 14 days from the end of the opt-in period, the Court added.
The Plaintiffs bring this suit on behalf of themselves and all
others similarly situated to recover allegedly unpaid minimum
wages and overtime wages for work they performed for Dasuya, which
owns or operates Subway franchises in New Orleans and Jefferson
Parish.[CC]
DECKS WEST: Purintun Seeks Earned Wages on Public Works Projects
----------------------------------------------------------------
BRADLEY PURINTUN, as an Individual, and on behalf of the general
public for all those similarly situated v. DECKS WEST, LLC, a
Washington corporation; TRAVELERS CASUALTY AND SURETY COMPANY, a
Connecticut Corporation; and DOES 1 through 200, inclusive, Case
No. 19STCV44119 (Cal. Super., Dec. 6, 2019), seeks to recover
earned wages, including prevailing wages earned on each and all
public works projects on which the Plaintiff performed work as an
employee of the Defendants.
The projects were "public works" projects as defined by the
California Labor Code, for which the Defendants were required to
pay prevailing wages.
Mr. Purintun was employed by Decks from April 1, 2017, through
August 21, 2019.
Decks is a full-service specialty rail company that delivers high
quality railings and decks using aluminum, steel, wood, glass and
cable.[BN]
The Plaintiff is represented by:
Richard E. Donahoo, Esq.
Sarah L. Kokonas, Esq.
Judith L. Camilleri, Esq.
William E. Donahoo, Esq.
DONAHOO & ASSOCIATES, PC
440 W. First Street, Suite 101
Tustin, CA 92780
Telephone (714) 953-1010
Facsimile (714) 953-1777
E-mail: rdonahoo@donahoo.com
skokonas@donahoo.com
icamilleri@donahoo.com
wdonahoo@donahoo.com
DIVERSIFIED WELL: Seton Seeks to Recover Regular & Overtime Wages
-----------------------------------------------------------------
Robert Seton, Jr., Individually and On Behalf of All Others
Similarly Situated v. DIVERSIFIED WELL LOGGING, LLC, Case No.
2:20-cv-00015 (S.D. Tex., Jan. 15, 2020), seeks to recover unpaid
regular and overtime wages from the Defendant under the Fair Labor
Standards Act of 1938.
The Defendant violated the FLSA by employing the Plaintiff and
other nonexempt employees "for a workweek longer than forty hours
but refusing to compensate them for their employment in excess of
forty hours at a rate not less than one and one-half times the
regular rate at which they are or were employed," the Plaintiff
alleges. He adds that the Defendant violated the FLSA by failing to
maintain accurate time and pay records as required by the FLSA.
The Plaintiff was employed by the Defendant initially as a data
engineer and later as a mud logger.
DWL is an offshore oil and gas services company.[BN]
The Plaintiff is represented by:
Melissa Moore, Esq.
Curt Hesse, Esq.
Renu Tandale, Esq.
MOORE & ASSOCIATES
Lyric Centre
440 Louisiana Street, Suite 675
Houston, TX 77002
Phone: (713) 222-6775
Facsimile: (713) 222-6739
DJJRN INC: Fails to Pay Overtime Wages Under FLSA, Melendez Says
----------------------------------------------------------------
Byron Melendez, on behalf of himself and all others similarly
situated v. DJJRN, INC. D/B/A ZENNA RESTAURANT, Case No.
3:20-cv-00102-S (N.D. Tex., Jan. 15, 2020), arises from the
Defendant's violations of the Fair Labor Standards Act by failing
to pay the Plaintiff's overtime wages.
According to the complaint, the Defendant has employed several
other similarly situated employees like the Plaintiff, who have not
been paid overtime wages for work performed in excess of 40 hours
weekly. The Plaintiff was employed by the Defendant and worked an
average of approximately 45 to 50 hours per week and was paid an
average of $8.50 to $9.50 per hour worked, but the Plaintiff was
never paid the extra halftime overtime rate for hours worked above
40 hours in a week as required by the FLSA, says the complaint.
Plaintiff Byron Melendez has and does work for the Defendant as
restaurant worker and has been employed and worked as restaurant
worker.
The Defendant is a company that that regularly transacts business
within Dallas County.[BN]
The Plaintiff is represented by:
Thomas J. Urquidez, Esq.
URQUIDEZ LAW FIRM, LLC
5440 Harvest Hill, Suite 234
Dallas, TX 75230
Phone: 214-420-3366
Fax: 214-206-9802
Email: tom@tru-legal.com
E.E. HALL INC: Avalos Files Suit in Cal. Super. Ct.
---------------------------------------------------
A class action lawsuit has been filed against E.E. HALL, INC. The
case is styled as David Avalos, an individual on behalf of himself
and all others similarly situated, Plaintiff v. E.E. HALL, INC., A
CALIFORNIA CORPORATION, SANDRIDGE PARTNERS, L.P, A LIMITED
PARTNERSHIP, Defendants, Case No. BCV-20-100161 (Cal. Super. Ct.,
Kern Cty., Jan. 17, 2020).
The case type is stated as "Other Employment - Civil Unlimited".
E.E. HALL, INC. provides specialized commercial insurance
solutions. The Company offers coverages, underwriting, claims
handling, and risk management services.[BN]
The Plaintiff is represented by NATALIE R. HARITOONIAN, ESQ.
EASTERN MICHIGAN UNIVERSITY: Court Certifies Female Students Class
------------------------------------------------------------------
In the class action lawsuit styled as MARIE MAYEROVA and ARIANA
CHRETIEN, individually and on behalf of all those similarly
situated, the Plaintiff, v. EASTERN MICHIGAN UNIVERSITY, JAMES
SMITH, SCOTT WETHERBEE, and THE BOARD OF REGENTS, the Defendants,
Case No. 18-cv- 11909-GCS-RSW (E.D. Mich.), the Hon. Judge George
Caram Steeh entered an order on Jan. 16, 2020:
1. certifying class action for settlement purposes on behalf of
a class defined as:
"all female students and prospective students who enrolled
at, applied for admission to, or were deterred from applying
for admission due to the University's alleged sex
discrimination in allocation of athletic participation
opportunities or the allocation of athletic financial
assistance and benefits provided to varsity athletes to,
Eastern Michigan University since June 15, 2015, as well as
future female students and prospective students;"
2. approving form of notice to the class proposed by the
parties;
3. directing the University to transmit the notice no later
than January 22, 2020 by E-mail distribution to the known
e-mail addresses of class members, as well as posting of the
notice on the University's webpage; and
4. directing Class members who wish to object to or comment on
the settlement, and/or who wish to be heard at the fairness
hearing, to file their objections, comments and/or notice of
intent to appear so that they are received by the Clerk of
the Court and counsel for both parties by March 11, 2020.
Eastern Michigan University is a public research university in
Ypsilanti, Michigan. The university was founded in 1849 as Michigan
State Normal School. Today, the university is governed by an
eight-member Board of Regents whose members are appointed by the
governor of Michigan for eight-year terms.[CC]
Attorneys for the Plaintiffs are:
Lori Bullock, Esq.
NEWKIRK ZWAGERMAN
521 E. Locust Street, Suite 300
Des Moines, IA 50309
Telephone: 515-883-2000
Facsimile: 515-883-2004
E-mail: Ibullock@newkirklaw.com
Attorneys for the Defendants are:
Brian M. Schwartz, Esq.
MILLER, CANFIELD, PADDOCK AND STONE, PLC
150 West Jefferson, Suite 2500
Detroit, MI 48226
Telephone: (313) 963-6420
E-mail: schwartzb@millercanfield.com
EDELMAN SHOE: Gift Cards Not Accessible to Blind, Mendez Claims
---------------------------------------------------------------
HIMELDA MENDEZ, ON BEHALF OF HIMSELF AND ALL OTHER PERSONS
SIMILARLY SITUATED v. EDELMAN SHOE, INC., Case No. 1:19-cv-11185-ER
(S.D.N.Y., Dec. 6, 2019), arises from the Defendant's failure to
sell store gift cards to consumers that contain writing in Braille
and to be fully accessible to and independently usable by the
Plaintiff and other blind or visually-impaired people.
The Defendant's denial of full and equal access to its store gift
cards, and, therefore, denial of its products and services offered
thereby and in conjunction with its physical locations, is a
violation of his rights under the Americans with Disabilities Act
("ADA"), the Plaintiff contends. The Plaintiff adds that because
the Defendant's store gift cards are not equally accessible to
blind and visually-impaired consumers, it violates the ADA.
Store Gift Card is an electronic promise, plastic card, or other
device that is redeemable at a single merchant or an affiliated
group of merchants that share the same name, mark or logo.
The Plaintiff is a visually-impaired and legally blind person, who
requires Braille, which is a tactile writing system, to read
written material, including books, signs, store gift cards, credit
cards, etc.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
its store gift cards will become and remain accessible to blind and
visually-impaired consumers.
The Defendant operates Sam Edelman retail stores, as well retail
stores for various subsidiary companies and advertises, markets,
distributes, and/or sells retail merchandise in the City and State
of New York and throughout the world.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: 212 228 9795
Facsimile: 212 982 6284
- and -
Bradly G. Marks, Esq.
THE MARKS LAW FIRM, PC
175 Varick St., 3rd Floor
New York, NY 10014
Telephone: (646) 770-3775
Facsimile: (646) 867-2639
E-mail: brad@markslawpc.com
EGS FINANCIAL: Lemnazhi Files FDCPA Suit in E.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against EGS Financial Care,
Inc. The case is styled as Aziz Lemnazhi, Antonios Kostakos,
individually and on behalf of all others similarly situated,
Plaintiffs v. EGS Financial Care, Inc., Defendant, Case No.
1:20-cv-00289 (E.D.N.Y., Jan. 16, 2020).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
EGS Financial Care, Inc. provides financial services.[BN]
The Plaintiffs are represented by:
David M. Barshay, 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
ENAGIC USA: Court Grants Final Approval of Class Action Settlement
------------------------------------------------------------------
In the class action lawsuit styled as EDWARD MAKARON, individually
and on behalf of all others similarly situated, the Plaintiff, vs.
ENAGIC USA, INC., the Defendant, Case No. 2:15-cv-05145-DDP-E (C.D.
Cal.), the Hon. Judge Dean D. Pregerson entered an order on Jan.
16, 2020 granting final approval of the class action settlement and
dismissing Class Plaintiff's claims.
The Court approves the plan of distribution for the Settlement
Relief in the Settlement Agreement. The Settlement Administrator is
ordered to comply with the terms of the Settlement Agreement with
respect to distribution of Settlement Relief.
Should any unclaimed funds be distributed, the Court approves the
Electronic Privacy Information Center as the recipient of the
distribution of those unclaimed funds, after accounting for the
costs of administering that distribution. The Court finds the
organization closely aligned with the Class's interests.
Accordingly, Class Counsel are awarded $1,300,000 for attorneys'
fees and $60,000 in litigation expenses, which the Court finds to
be fair and reasonable, and which amount shall be paid to Class
Counsel in accordance with the terms of the Settlement Agreement.
Class Counsel shall be responsible for allocating and shall
allocate this award of attorneys' fees, costs, and expenses that
are awarded among Class Counsel.
The Class Representative, as identified in the Preliminary Approval
Order, is compensated in the amount of $7,500 for his efforts in
the case.
The terms of the Settlement Agreement and of the Final Approval
Order, shall be forever binding in all pending and future lawsuits
maintained by the Plaintiff and all other Class Members, and anyone
claiming through them such as heirs, administrators, successors,
and assigns, the Court adds.
The lawsuit, filed in 2015, seeks damages and any other available
legal or equitable remedies pursuant to the Telephone Consumer
Protection Act, 47 U.S.C. section 227 et seq. ("TCPA").
Enagic USA manufactures water purification equipment. The company
offers water filtration machine and other related products.[CC]
ENBRIDGE INC: Faces BHK Realty Suit Over 2019 Newport Gas Crisis
----------------------------------------------------------------
BHK REALTY, LLC, THE PALE, LLC d/b/a Buskers Pub and THE BODHI SPA,
LLC (Class Representatives) v. ENBRIDGE, INC. and NATIONAL GRID
USA, et al., Case No. 1:19-cv-00642-JJM-LDA (R.I. Super., Dec. 6,
2019), is brought on behalf of those who were damaged by the
Aquidneck Island Gas Service Interruption on January 21, 2019.
In January 2019, Aquidneck Island, Rhode Island was subjected to a
natural gas outage of historic proportions ("Newport Gas Crisis").
The young, the old, the infirmed, whole families and businesses
have been impacted, the Plaintiffs say.
Many of the town of Middletown and City of Newport's residents were
forced to relocate, incur costs and otherwise suffer in the midst
of a New England winter without heating and cooking gas, the
Plaintiffs assert. The Plaintiffs add that businesses lost daily
revenue, suffered spoilage and other losses and incurred, in some
instances, damages from bursting water pipes, increased electric
bills and other collateral effects.
The Plaintiffs aver that the Newport Gas Crisis arose from the
Defendants: (a) the distribution of natural gas in the State of
Rhode Island and Massachusetts; (b) contracting to supply and/or
sell goods in the State of Rhode Island; (c) doing or causing a
tortious act to be done within the State of Rhode Island and
Massachusetts; and/or (d) causing the consequence of a tortious act
to occur within the State of Rhode Island.
The Plaintiffs allege that strict liability, negligence, nuisance,
and the Defendants' failure to analyze, invest, and maintain the
gas lines and infrastructure relied upon to supply and distribute
natural gas to Aquidneck Island caused the Newport Gas Crisis. The
Plaintiffs anticipate their further investigation and discovery
will reveal other failures, actions, and inactions on the part of
the Defendants.
National Grid is a multinational gas and electricity utility
company headquartered in Warwick, United Kingdom. Enbridge Inc. is
a Canadian multinational energy transportation company based in
Calgary, Alberta, that transits natural gas through its network of
transmission lines throughout the United States, including
Massachusetts and Rhode Island.
The Defendants supply and/or distribute natural gas to various
residences and businesses located on Aquidneck Island, in the State
of Rhode Island, including the towns of Portsmouth and Middletown
and the City of Newport.[BN]
The Plaintiffs are represented by:
Brian R. Cunha, Esq.
BRIAN CUNHA & ASSOCIATES, P.C.
311 Pine Street
Fall River, MA 02720
Telephone: (508) 675-9500
Facsimile: (508) 679-6360
ENTERPRISE HOLDINGS: Rubenstein Sues Over Debt Collection Actions
-----------------------------------------------------------------
Daniel Rubenstein and Joel Rubenstein, individually and on behalf
of all others similarly situated v. ENTERPRISE HOLDINGS, INC.,
ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, LLC and DOES 1
through 10 inclusive, Case No. 2:20-cv-00419 (C.D. Cal., Jan. 15,
2020), alleges that in an attempt to collect a debt, the Defendants
violated the Rosenthal Fair Debt Collection Practices Act, the
Consumers Legal Remedies Act, and the California Business and
Professions Code.
Plaintiff Daniel Rubenstein rented a vehicle from the Defendants.
According to the Defendants, Plaintiff Daniel Rubenstein allegedly
failed to return the vehicle to the Defendants in accordance with
their rental agreement.
In August 2019, the Defendants contacted Plaintiff Joel Rubenstein,
Plaintiff Daniel Rubenstein's father, by telephone with regard to
the vehicle and left him a voice message. During said voice
message, the Defendants' agent warned Plaintiff Joel Rubenstein
that the vehicle would be reported as stolen. In response,
Plaintiff Joel Rubenstein informed the Defendants' agent that he
never received any documentation to support the Defendants'
claims.
The Defendants' agent insisted that the paperwork had already been
submitted and that the vehicle had been reported as stolen to the
Los Angeles Police Department. Subsequent to the Defendants'
conversation with Plaintiff Joel Rubenstein, the Defendants sent
Plaintiff Daniel Rubenstein the following text message, which
states in pertinent part: "Daniel, the 2018 NISSAN ALTIMA you
rented is in the process of being reported stolen and needs to be
returned."
The Plaintiffs contend that the Defendants' communications to the
Plaintiffs contained threatening, deceptive and contradictory
information, which caused the Plaintiffs to feel great panic,
stress and anxiety for fear over the Defendants' allegations of
criminal activity. The Plaintiffs assert that the Defendants, in an
attempt to collect a debt, engages in a pattern or practice of
communicating with consumers where the representations made by the
Defendants are harassing, confusing, misleading, deceptive and/or
unfair.
The Plaintiffs are natural persons residing in Los Angeles County,
California, and are "debtors."
Enterprise Rent-A-Car Company of Los Angeles, LLC is a "creditor"
and "debt collector".[BN]
The Plaintiff is represented by:
Amir J. Goldstein, Esq.
THE LAW OFFICES OF AMIR J. GOLDSTEIN
7304 Beverly Blvd., Suite 212,
Los Angeles, CA 90036
Phone: 323.937.0400
Fax: 866.288.9194
Email: ajg@consumercounselgroup.com
ESTENSION LOGISTICS: Johnson Labor Suit Moved to C.D. California
----------------------------------------------------------------
The case titled Albert Johnson, on behalf of himself and all others
similarly situated v. ESTENSION LOGISTICS, LLC, a Delaware limited
liability company; HUB GROUP TRUCKING, INC., a Delaware
corporation; and DOES 1 through 100, inclusive, Case No. CIV DS
1935614, was removed from the Superior Court of the State of
California for the County of San Bernardino to the U.S. District
Court for the Central District of California on Jan. 15, 2020.
The District Court Clerk assigned Case No. 5:20-cv-00118 to the
proceeding.
The Complaint alleges seven causes of action: (1) Failure to Pay
Overtime Wages; (2) Failure to Pay Minimum Wages; (3) Failure to
Provide Meal Periods; (4) Failure to Provide Rest Periods; (5)
Failure to Pay All Wages Upon Termination; (6) Failure to Provide
Accurate Wage Statements; and (7) Unfair Competition.[BN]
The Defendants are represented by:
Robert R. Roginson, Esq.
Kathleen J. Choi, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Phone: 213.239.9800
Facsimile: 213.239.9045
Email: robert.roginson@ogletree.com
kathleen.choi@ogletree.com
F.H. CANN: Faces Kruman FDCPA Suit in NY
----------------------------------------
A class action lawsuit has been filed against F.H. Cann &
Associates, Inc. The case is styled as Yuri Kruman, on behalf of
himself and all other similarly situated consumers, Plaintiff v.
F.H. Cann & Associates, Inc., Defendant, Case No. 1:20-cv-00316
(E.D.N.Y., Jan. 20, 2020).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
F.H. Cann and Associates Inc., is a receivables management company
that provides account receivables and debt collection
services.[BN]
The Plaintiff is represented by:
Adam Jon Fishbein, Esq.
Adam J. Fishbein, P.C.
735 Central Avenue
Woodmere, NY 11598
Phone: (516) 668-6945
Email: fishbeinadamj@gmail.com
FEDEX SUPPLY: Carmello BIPA Class Suit Removed to N.D. Illinois
---------------------------------------------------------------
FedEx Supply Chain removed the case captioned as CEDRIC CARMELLO,
individually and on behalf of all others similarly situated v.
FEDEX SUPPLY CHAIN, INC., a Delaware corporation, from the Circuit
Court of Cook County, Illinois, to the U.S. District Court for the
Northern District of Illinois, Eastern Division, on Jan. 11, 2020.
The Northern District of Illinois Court Clerk assigned Case No.
1:19-cv-08115 to the proceeding.
Mr. Carmello asserts claim under the Illinois Biometric Information
Privacy Act, against FedEx on behalf of a putative class. The
Plaintiff contends that FedEx Supply Chain violated BIPA through
the use of timeclocks and fingertip scanning devices.
The Plaintiff seeks declaratory relief, injunctive relief,
statutory and other damages associated with the alleged misconduct
of FedEx.
FedEx is a major third-party logistics provider in the United
States and Canada. FedEx serves various industries like technology
& electronics, retail & e-commerce, consumer & industrial goods,
and healthcare industries.[BN]
The Defendant is represented by:
Joseph A. Strubbe, Esq.
Frederic T. Knape, Esq.
Zachary J. Watters, Esq.
VEDDER PRICE P.C.
222 North LaSalle Street
Chicago, IL 60601
Telephone: 312 609 7500
- and -
Aaron M. Zigler, Esq.
Alex J. Dravillas, Esq.
KELLER LENKNER LLC
150 N. Riverside Plaza, Suite 4270
Chicago, IL 60606
Telephone: (312)741-5220
E-mail: amz@kellerlenkner.com
ajd@kellerlenkner.com
GILEAD SCIENCES: MSP Recovery Sues Over Antitrust Violations
------------------------------------------------------------
MSP Recovery Claims, Series LLC, a Delaware series limited
liability company v. GILEAD SCIENCES, INC., a Delaware for-profit
corporation; GILEAD HOLDINGS, LLC, a Delaware limited liability
company; GILEAD SCIENCES, LLC, a Delaware limited liability
company; GILEAD SCIENCES IRELAND UC, an unlimited liability company
organized under the laws of Ireland; BRISTOL-MYERS SQUIBB COMPANY,
a Delaware for-profit corporation; E. R. SQUIBB & SONS, LLC, a
Delaware for-profit corporation; JAPAN TOBACCO, INC., a corporation
organized under the laws of Japan; JAPAN TOBACCO INTERNATIONAL USA,
INC., a California for-profit corporation; AKROS PHARMA, INC., a
New York for-profit corporation; JANSSEN R&D IRELAND, a private
unlimited company organized under the laws of Ireland; and JOHNSON
& JOHNSON, INC., a New Jersey for-profit corporation, Case No.
1:20-cv-20170-JLK (S.D. Fla., Jan. 15, 2020), is brought on behalf
of the Plaintiff and similarly situated healthcare insurers against
the Defendants for damages, injunctive relief, and other relief
pursuant to federal antitrust laws, and state antitrust and
consumer protection laws.
According to the complaint, Gilead and its co-conspirators have
engaged in a long-running scheme to suppress competition with
respect to drugs used to treat Human Immunodeficiency Virus ("HIV")
infection--a disease which, if left untreated, destroys the immune
system, leading to Acquired Immunodeficiency Syndrome ("AIDS") and
eventual death.
Through an array of anticompetitive practices--including horizontal
agreements constituting per se violations of the antitrust
laws--Gilead acquired and maintained a monopoly for drugs that
comprise the modern HIV treatment regimen known as "combination
antiretroviral therapy" ("cART"), the Plaintiff alleges. The
Plaintiff avers that the scheme enabled Gilead and its
co-conspirators to unlawfully extend patent protection for their
drugs, impair entry by generic competitors, and charge exorbitant,
supra-competitive prices for the drugs that people living with HIV
need to survive.
In a relentless effort to reap monopolistic profits, Gilead engaged
in further anticompetitive conduct to reinforce the exclusionary
effects of these illegal agreements, the Plaintiff says. When
generic competition to TDF became imminent, Gilead amended the
No-Generics pacts to preclude its co-conspirators from competing,
not only against Gilead's then-marketed TDF, but also against a new
formulation of the compound, tenofovir alafenamide ("TAF"), further
extending the term of the No-Generics Restraints. Gilead held TAF
in reserve for more than a decade to roll out later as part of its
scheme to impair competition once generic entry was imminent.
The Defendants' anticompetitive conduct also stifled innovation,
causing tens of thousands of people living with HIV to needlessly
suffer debilitating side effects from inferior products, the
Plaintiff alleges. Gilead delayed the FDA approval of TAF for more
than a decade while using illegal No-Generics Restraints, rather
than product innovations, only to protect its market share, says
the complaint.
This unlawful stifling of competition denying competitors access to
pharmaceutical compounds needed to formulate new, innovative,
superior, and substantially less expensive treatments--precluding
the development and marketing of more than two dozen specifically
identifiable HIV treatments, the Plaintiff asserts. The Plaintiff
adds that Gilead's unlawful scheme also foreclosed altogether the
availability of an affordable method of pre-exposure prophylaxis
(PrEP) that would prevent HIV infection in the first place,
crippling this nation's ability to prevent HIV infection.
To remedy these and the other devastating effects of the
Defendants' anticompetitive conduct, the Plaintiff seeks nationwide
injunctive relief under Section 16 of the Clayton Act, because,
unless enjoined, the Defendants' unlawful conduct will continue
unchecked and will continue to put an unbearable strain on
third-party payers, such as the Plaintiff's assignors and the Class
Members.
MSP Recovery Claims, Series LLC is a Delaware series limited
liability company with its principal place of business in Coral
Gables, Florida.
Gilead Sciences, Inc. is a corporation organized and existing under
the laws of the State of Delaware.[BN]
The Plaintiff is represented by:
Andres Rivero, Esq.
Jorge A. Mestre, Esq.
Alan H. Rolnick, Esq.
Charles E. Whorton, Esq.
David L. Daponte, Esq.
RIVERO MESTRE LLP
2525 Ponce de Leon Blvd., Suite 1000
Miami, FL 33134
Phone: (305) 445-2500
Facsimile: (305) 445-2505
Email: arivero@riveromestre.com
jmestre@riveromestre.com
arolnick@riveromestre.com
cwhorton@riveromestre.com
ddaponte@riveromestre.com
npuentes@riveromestre.com
GIRVIN & FERLAZZO: Wengarten Files FDCPA Suit in New York
---------------------------------------------------------
A class action lawsuit has been filed against Girvin & Ferlazzo,
PC. The case is styled as Yaakov Wengarten, individually and on
behalf of all others similarly situated, Plaintiff v. Girvin &
Ferlazzo, PC, Cavalry SPV I, LLC, John Does 1-25, Defendants, Case
No. 7:20-cv-00500 (S.D.N.Y., Jan. 20, 2020).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Givrin & Ferlazzo, PC is a full-service general practice law firm,
who serve a wide range of clients from individuals to large
corporations.[BN]
The Plaintiff is represented by:
Raphael Deutsch, Esq.
Stein Saks PLLC
285 Passaic st
Hackensack, NJ 07601
Phone: (347) 668-9326
Email: rdeutsch@steinsakslegal.com
GREEN DOT: Kirby McInerney Reminds Investors of Class Action Suit
-----------------------------------------------------------------
The law firm of Kirby McInerney LLP announces that a class action
lawsuit has been filed in the U.S. District Court for the Central
District of California on behalf of those who acquired Green Dot
Corporation (NYSE: GDOT) securities during the period from May 9,
2018 through November 7, 2019 (the "Class Period"). Investors have
until February 17, 2020 to apply to the Court to be appointed as
lead plaintiff in the lawsuit.
The lawsuit alleges that the Company failed to disclose that: (i)
Green Dot's strategy to attract "high-value" long-term customers
was at the expense of "one and done" customers; (ii) Green Dot's
"one and done" customers represented a significant source of
revenues in its legacy segment; and (iii) consequently, Green Dot's
strategy was self-sabotaging.
On February 20, 2019, CEO Steven W. Streit stated "we are somewhat
a victim of our own success in converting more and more of our
quarterly active accounts to direct deposit active accounts." On
this news, the price of Green Dot shares fell $7.47, or 10.0%, to
close at $67.20 on February 21, 2019.
On May 8, 2019, Green Dot suddenly disclosed a large "investment in
growth for the purpose of aggressively marketing new products." On
this news, the price of Green Dot shares fell $16.71, or 26.4%, to
close at $46.56 on May 9, 2019.
On August 7, 2019, Green Dot disclosed additional problems with the
legacy products and reduced its fiscal year outlook. On this news,
the price of Green Dot shares fell $19.84, or nearly 50%, to close
at $27.42 per share on August 8, 2019.
On November 7, 2019, Green Dot revealed a decline of 620,000
accounts in its active consumer business. On this news, the price
of Green Dot shares fell $5.41, or 18.1%, to close at $24.54 on
November 8, 2019.
Finally, on December 18, 2019, Green Dot announced the retirement
of both its CEO and CFO. On this news, the price of Green Dot
shares fell $2.68, or 10.4%, to close at $23.18 on December 19,
2019.
If you acquired Green Dot securities, have information, or would
like to learn more about these claims, please contact Thomas W.
Elrod of Kirby McInerney LLP at 212-371-6600, by email at
investigations@kmllp.com, or by filling out this contact form. to
discuss your rights or interests with respect to these matters
without any cost to you.
Kirby McInerney LLP is a New York-based plaintiffs' law firm
concentrating in securities, antitrust, and whistleblower
litigation. The firm's efforts on behalf of shareholders in
securities litigation have resulted in recoveries totaling billions
of dollars. Additional information about the firm can be found at
Kirby McInerney LLP's website: www.kmllp.com.
This press release may be considered Attorney Advertising in some
jurisdictions under the applicable law and ethical rules.
[GN]
GREEN DOT: Rosen Law Files Class Action Lawsuit
-----------------------------------------------
Rosen Law Firm, a global investor rights law firm, announces the
filing of a class action lawsuit on behalf of purchasers of the
securities of Green Dot Corporation (NYSE: GDOT) between May 9,
2018 and November 7, 2019, inclusive (the "Class Period"). The
lawsuit seeks to recover damages for Green Dot investors under the
federal securities laws.
To join the Green Dot class action, go to
http://www.rosenlegal.com/cases-register-1746.htmlor call Phillip
Kim, Esq. toll-free at 866-767-3653 or email pkim@rosenlegal.com or
cases@rosenlegal.com for information on the class action.
NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS
IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN
ONE. YOU MAY RETAIN COUNSEL OF YOUR CHOICE. YOU MAY ALSO REMAIN AN
ABSENT CLASS MEMBER AND DO NOTHING AT THIS POINT. AN INVESTOR'S
ABILITY TO SHARE IN ANY POTENTIAL FUTURE RECOVERY IS NOT DEPENDENT
UPON SERVING AS LEAD PLAINTIFF.
According to the lawsuit, defendants throughout the Class Period
made false and/or misleading statements and/or failed to disclose
that: (1) Green Dot's strategy to attract "high-value" long-term
customers was at the expense of "one and done" customers; (2) Green
Dot's "one and done" customers represented a significant source of
revenues in its legacy segment; (3) consequently, Green Dot's
strategy was self-sabotaging; and (4) as a result of the foregoing,
defendants' statements about its business and operations were
materially false and misleading at all relevant times. When the
true details entered the market, the lawsuit claims that investors
suffered damages.
A class action lawsuit has already been filed. If you wish to serve
as lead plaintiff, you must move the Court no later than February
17, 2020. A lead plaintiff is a representative party acting on
behalf of other class members in directing the litigation. If you
wish to join the litigation, go to
http://www.rosenlegal.com/cases-register-1746.htmlor to discuss
your rights or interests regarding this class action, please
contact Phillip Kim, Esq. of Rosen Law Firm toll free at
866-767-3653 or via e-mail at pkim@rosenlegal.com or
cases@rosenlegal.com.
Rosen Law Firm represents investors throughout the globe,
concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm was Ranked No. 1
by ISS Securities Class Action Services for number of securities
class action settlements in 2017. The firm has been ranked in the
top 3 each year since 2013. Rosen Law Firm has secured hundreds of
millions of dollars for investors.
Contact:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
E-mail: lrosen@rosenlegal.com
pkim@rosenlegal.com
cases@rosenlegal.com
Website: www.rosenlegal.com
[GN]
HARMAN INTERNATIONAL: Baum Seeks to Certifying Class Action
-----------------------------------------------------------
In the class action lawsuit styled as PATRICIA B. BAUM,
Individually and on Behalf of All Others Similarly Situated, the
Plaintiff, vs. HARMAN INTERNATIONAL INDUSTRIES, INCORPORATED, et
al., the Defendants, Case No. 3:17-cv-00246-RNC (D. Conn.), Ms.
Baum moves the Court for an order certifying the action as a class
action under Rule 23(a) and (b)(3) of the Federal Rules of Civil
Procedure.
Harman International is an American company and independent
subsidiary of Samsung Electronics that produces, designs and
engineers connected products for automakers, consumers and
enterprises worldwide.[CC]
The Plaintiff is represented by:
Randall J. Baron, Esq.
David A. Knotts, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101-8498
Telephone: 619/231-1058
Facsimile: 619/231-7423
- and -
William H. Narwold, esq.
MOTLEY RICE LLC
20 Church Street, 17th Floor
Hartford, CT 06103
Telephone: 860/882-1676
Facsimile: 860/882-1682
E-mail: bnarwold@motleyrice.com
- and -
Brett M. Middleton, Esq.
JOHNSON FISTEL, LLP
655 West Broadway, Suite 1400
San Diego, CA 92101
Telephone: 619/230-0063
Facsimile: 619/255-1856
HERBALIFE INT'L: Rodgers Suit Moved From Florida to California
--------------------------------------------------------------
The class action lawsuit styled as PATRICIA RODGERS, JEFF RODGERS,
JENNIFER RIBALTA, IZAAR VALDEZ, Individually and on Behalf of all
Other Similarly Situated v. HERBALIFE INTERNATIONAL OF AMERICA,
INC., Case No. 1:19-mc-24847 (Filed Nov. 22, 2019), was transferred
from the U.S. District Court for the Southern District of Florida
to the U.S. District Court for Central District of California on
Dec. 12, 2019.
The Central District of California Court Clerk assigned Case No.
2:19-cv-10518 to the proceeding.
The action involves an alleged conspiracy between Defendant
Herbalife and 45 of Herbalife's featured speakers to con the
Plaintiffs and thousands of others to attend valueless and
deceptive marketing events. The Plaintiffs allege that Herbalife
conspired with the Featured Speakers, using misrepresentation and
deceit, to sell access to this series of emotionally manipulative
live events.
Herbalife is a global multi-level marketing corporation that
develops and sells nutritional products, including
health-and-wellness supplements for weight management personal
care, general wellness and sports performance.[BN]
The Plaintiffs are represented by:
Etan Mark, Esq.
Yaniv Adar, Esq.
MARK MIGDAL & HAYDEN
80 SW 8th Street, Suite 1999
Miami, FL 33130
Telephone: (305) 374-0440
E-mail: etan@markmigdal.com
yaniv@markmigdal.com
Herbalife International of America, Inc. is represented by:
Mark T. Drooks, Esq.
Paul S. Chan, Esq.
Gopi K. Panchapakesan, Esq.
BIRD, MARELLA, BOXER, WOLPERT, NESSIM,
DROOKS, LINCENBERG & RHOW, P.C.
1875 Century Park East, 23rd Floor
Los Angeles, CA 90067-2561
Telephone: (310) 201-2100
Facsimile: (310) 201-2110
E-mail: mdrooks@birdmarella.com
pchan@birdmarella.com
gpanchapakesan@birdmarella.com
HERITAGE INC: Rojer Wage and Hour Suit Removed to D. Oregon
-----------------------------------------------------------
The case captioned as OMAR ROJER v. OCTAVIAN JURJ and BRITTANY
JURJ, individuals; HERITAGE, INC., an Oregon corporation; and TILT
1 LLC, TILT 2 LLC, and TILT 3 LLC, Oregon limited liability
companies, Case No. 19CV43275 (Filed Oct. 2, 2019), was removed
from the Multnomah County Circuit Court to the U.S District Court
for the District of Oregon on Dec. 9, 2019.
The District of Oregon Court Clerk assigned Case No.
3:19-cv-01989-AC to the proceeding.
The Plaintiff, on behalf of himself and the class and collective
members, asserts claims against the Defendants under state and
federal wage and hour laws, as well as state common law to recover
unpaid wages, penalty wages, statutory damages, liquidated damages,
economic and non-economic damages, and attorney fees, costs, and
disbursements, as well as declaratory relief.[BN]
The Defendants are represented by:
Sean M. Driscoll, Esq.
Lucy G. Ohlsen, Esq.
LEWIS BRISBOIS BISGAARD & SMITH LLP
888 SW Fifth Avenue, Suite 900
Portland, OR 97204-2025
Telephone: 971 712 2800
Facsimile: 971 712 2801
E-mail: Sean.Driscoll@lewisbrisbois.com
Lucy.Ohlsen@lewisbrisbois.com
HEXO CORP.: Hagens Berman Reminds Investors of Jan. 27 Deadline
---------------------------------------------------------------
Hagens Berman urges investors in HEXO Corp. (HEXO) who have
suffered losses in excess of $500,000 to submit their losses now to
learn if they qualify to recover their investment losses. Hagens
Berman has filed a class action complaint against the Company and
its senior executives and the January 27, 2020 application deadline
for investors is fast approaching.
Class Period: Jan. 25, 2019 - Nov. 15, 2019
Lead Plaintiff Deadline: Jan. 27, 2020
Sign Up Now: www.hbsslaw.com/investor-fraud/HEXO
Contact An Attorney Immediately: HEXO@hbsslaw.com
844-916-0895
Hagens Berman's HEXO Securities Class Action:
According to the detailed Complaint filed by Hagens Berman,
Defendants misled investors throughout the Class Period by making
materially false and/or misleading statements, as well as failing
to disclose material adverse facts about the Company's business,
operations, and prospects.
Specifically, the Complaint alleges Defendants failed to disclose
to investors that: (1) HEXO's reported inventory was misstated as
the Company was failing to write down or write off obsolete product
that no longer had value; (2) HEXO was engaging in channel-stuffing
in order to inflate its revenue figures and meet or exceed revenue
guidance provided to investors; (3) HEXO was cultivating cannabis
at its facility in Niagara, Ontario that was not appropriately
licensed by Health Canada; and (4) that, as a result of the
foregoing, Defendants' positive statements about the Company's
business, operations, and prospects were materially misleading
and/or lacked a reasonable basis.
The truth emerged through a series of disclosures occurring between
Oct. 4, 2019 and Nov. 15, 2019, when the Company announced that was
producing cannabis in a section of its Niagara facility that was
not properly licensed with Health Canada.
As a result of these disclosures, the value of HEXO stock has
consistently decreased, damaging investors.
"We're focused on investors' losses and proving Defendants
knowingly provided false financial information to the market," said
Reed Kathrein, the Hagens Berman partner leading the
investigation.
If you purchased HEXO common stock during the Class Period and
suffered significant losses, click here to discuss your legal
rights with Hagens Berman.
Whistleblowers: Persons with non-public information regarding HEXO
should consider their options to help in the investigation or take
advantage of the SEC Whistleblower program. Under the new program,
whistleblowers who provide original information may receive rewards
totaling up to 30 percent of any successful recovery made by the
SEC. For more information, call Reed Kathrein at 844-916-0895 or
email HEXO@hbsslaw.com.
Hagens Berman is a national law firm with nine offices in eight
cities around the country and eighty attorneys. The firm represents
investors, whistleblowers, workers and consumers in complex
litigation. More about the firm and its successes is located at
hbsslaw.com. For the latest news visit our newsroom or follow us on
Twitter at @classactionlaw.
Contact:
Reed Kathrein, Esq.
HAGENS BERMAN
Tel: 844-916-0895
E-mail: reed@hbsslaw.com
[GN]
HOMELAND SECURITY: Court Certifies Class of Detainees
-----------------------------------------------------
In the class action lawsuit styled as CRISTIAN DOE, DIANA DOE, the
Petitioners-Plaintiffs, vs. CHAD F. WOLF, Acting Secretary of
Homeland Security; et al., the Respondents-Defendants, Case No.
19-cv-2119-DMS (AGS) (S.D. Cal.), the Hon. Judge Dana M. Sabraw
entered an order on Jan. 14, 2020:
1. certifying class under Federal Rule of Civil Procedure
23(b)CBP custody detained (2):
"all individuals who are detained in CBP custody in
California awaiting or undergoing non-refoulement interviews
pursuant to the "Migrant Protection Protocols" program and
who have retained lawyers";
2. appointing Petitioners as Class Representatives;
3. appointing Counsel from the ACLU Foundation of San Diego and
Imperial Counties as counsel for the Class pursuant to
Federal Rule of Civil Procedure 23(g).
Petitioners on behalf of themselves and putative class members,
allege Respondents have a practice or policy of prohibiting asylum
seekers access to retained counsel prior to and during
non-refoulement interviews.
The United States Department of Homeland Security is a cabinet
department of the U.S. federal government with responsibilities in
public security, roughly comparable to the interior or home
ministries of other countries.[CC]
INTUIT INC: Class Certification Sought in Free Tax Filing Case
--------------------------------------------------------------
In the class action lawsuit re: INTUIT FREE FILE LITIGATION, Case
No. 3:19-cv-02546-CRB (N.D. Cal.), Andrew Dohrmann, Joseph
Brougher, and Monica Chandler will move the Court on Feb. 14, 2020,
for an order:
1. granting class certification under Rules 23(a) and 7 (b)(2)
of the Federal Rules of Civil Procedure:
"all United States citizens and residents who are eligible
to file a 2019 federal tax return for free pursuant to the
IRS Free File Program on an Intuit website." Excluded from
the Class are Intuit's officers, directors, affiliates,
legal representatives, employees, successors, subsidiaries,
and assigns; and any judicial officers presiding over this
matter and the members of their immediate families and
staff.
2. granting partial summary adjudication in favor of Plaintiffs
regarding Intuit, Inc.'s violations of the unfair prong of
the Unfair Competition Law, Cal. 9 Bus. & Prof. Code section
17200 et seq. (UCL); and
3. entering final injunctive and corresponding declaratory
relief.
The Plaintiff alleges that as a participant in the IRS's Free File
Program, Intuit is obligated to provide free tax preparation and
filing services to lower income taxpayers and military service
members. Instead, Intuit leveraged its participation in the program
to implement a business strategy that it refers to as "free to fee"
-- enticing low income earners with a promise of free tax
preparation and then charging them a fee.
As part of this scheme, Intuit aggressively promotes its online
TurboTax software as "free," directs low income earners to its
"Free Edition" website, and does not qualify its repeated and
widespread offers of free tax filing services with the fact that
most taxpayers using Free Edition actually will need to pay to
complete and file their return. Despite being eligible to file for
free under the IRS program, Plaintiffs paid Intuit to file a return
for tax year 2018. Like millions of others, they reasonably
expected Free Edition to be free. Instead, after being drawn into
Intuit's software and having spent considerable time and effort to
prepare a tax return, Intuit sprung the news that they would need
to pay a fee to complete and file their return, the Plaintiff
contends.[CC]
The Plaintiffs are represented by:
Daniel C. Girard, Esq.
Angelica M. Ornelas, Esq.
Simon S. Grille, Esq.
GIRARD SHARP LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Telephone: (415) 981-4800
Facsimile: (415) 981-4846
E-mail: dgirard@girardsharp.com
aornelas@girardsharp.com
sgrille@girardsharp.com
- and -
Norman E. Siegel, Esq.
J. Austin Moore, Esq.
Jillian R. Dent, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 714-7100
Facsimile: (816) 714-7101
E-mail: siegel@stuevesiegel.com
moore@stuevesiegel.com
dent@stuevesiegel.com
JZANUS LTD: Macias Files FDCPA Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Jzanus Ltd. The case
is styled as Sandy Macias, individually and on behalf of all others
similarly situated, Plaintiff v. Jzanus Ltd., Defendant, Case No.
1:20-cv-00286 (E.D.N.Y., Jan. 16, 2020).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Jzanus Ltd. provides revenue recovery and improvement consulting
services. The Company offers revenue cycle, home care, and HIM
services.[BN]
The Plaintiff is represented by:
David M. Barshay, 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
MERCEDES-BENZ USA: Hamm Seeks to Certify Car Owners, Lessees Class
------------------------------------------------------------------
In the class action lawsuit styled as TERRY HAMM AND BRYCE MEEKER,
On Behalf Of Themselves And All Others Similarly Situated, the
Plaintiffs, vs. MERCEDES-BENZ USA, LLC, the Defendant, Case No.
5:16-cv-03370-EJD (N.D. Cal.), Terry Hamm will move the Court on
August 20, 2020 for an order:
1. certifying the action as a class action on behalf of:
"all California owners and lessees of Mercedes-Benz vehicles
equipped with the 722.9 7G Tronic transmission"
Excluded from the Class definition are all employees,
officers, or agents of Defendant Mercedes-Benz USA, LLC
("MBUSA"). Also excluded from this Class definition are all
judicial officers assigned to this case as well as their
staff and immediate families.
In the alternative, Plaintiff seeks certification of a
narrower Class defined as:
"all California owners and lessees of Mercedes-Benz vehicles
equipped with the VGS1 generation of the 722.9 7G Tronic
transmission (which were equipped on the 2004-2007 Mercedes
model year vehicles outfitted with the 722.9 7G Tronic
transmission)"
Excluded from the Class definition are all employees,
officers, or agents of MBUSA. Also excluded from this Class
definition are all judicial officers assigned to this case
as well as their staff and immediate families.
Excluded from both definitions are all persons who claim
personal injuries resulting from the defect alleged in this
action. Both definitions also are limited to natural
persons.
In the event that the Court were to find either of the
foregoing definitions overly broad or otherwise unsuitable
for class certification, the Plaintiff requests in the
alternative certification of any narrower class or subclass
definition suitable for class certification.; and
2. appointing himself as class representative and his counsel
as Class Counsel.
Mercedes-Benz is the distributor for passenger cars of Daimler AG
in the United States located in Sandy Springs, Georgia, USA. It is
a subsidiary of Daimler AG and today sells cars from the
Mercedes-Benz and Smart brands, as well as the Mercedes-Benz
Transporter.[CC]
Counsel for the Plaintiff and the Proposed Class are:
Roy A. Katriel, Esq.
THE KATRIEL LAW FIRM, P.C.
2262 Carmel Valley Rd., Suite 201
Del Mar, CA 92014
Telephone: (619) 363-3333
E-mail: rak@katriellaw.com
- and -
Gary S. Graifman, Esq.
KANTROWITZ GOLDHAMMER & GRAIFMAN, P.C.
747 Chestnut Ridge Road
Chestnut Ridge, NY 10977
Telephone: (845) 356-2570
E-mail: ggraifman@kgglaw.com
- and -
Michael D. Braun, Esq.
BRAUN LAW GROUP, P.C.
1999 Avenue of the Stars, Suite 1100
Los Angeles, CA 90067
Telephone: (310) 836-6000
Facsimile: (310) 836-6010
E-mail: service@braunlawgroup.com
MERCEDES-BENZ USA: Hazdovac Files Property Damage Liability Suit
----------------------------------------------------------------
A class action lawsuit has been filed against Mercedes-Benz USA,
LLC. The case is styled as Cory Hazdovac, individually and on
behalf of all others similarly situated, Plaintiff v. Mercedes-Benz
USA, LLC and DOES MBUSA 1 through 10, inclusive, Defendants, Case
No. 3:20-cv-00377 (N.D. Cal., Jan. 17, 2020).
The nature of suit is stated as Prop. Damage Prod. Liability.
Mercedes-Benz USA, LLC is the distributor for passenger cars of
Daimler AG in the United States located in Sandy Springs, Georgia,
USA.[BN]
The Plaintiff appears pro se.
MESSERLI & KRAMER: Placeholder Class Cert. Bid Filed in "Aviles"
----------------------------------------------------------------
In the class action lawsuit styled as LUISA AVILES, Individually
and on Behalf of All Others Similarly Situated, the Plaintiff, v.
MESSERLI & KRAMER P.A. and JEFFERSON CAPITAL SYSTEMS LLC, the
Defendants, Case No. 19-cv-1850 (E.D. Wisc.), the Plaintiff filed a
"placeholder" motion for class certification in order to prevent
against a "buy-off" attempt, a tactic class-action Defendants
sometimes use to attempt to prevent a case from proceeding to a
decision on class certification by attempting to "moot" the named
plaintiff's claims by tendering the plaintiff individual (but not
classwide) relief.
The Plaintiff asks the Court for an order to certify class, appoint
Plaintiff as the class representative, and appoint Plaintiff's
attorneys as class counsel.
In Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016), the
Supreme Court held "an unaccepted settlement offer or offer of
judgment does not moot a plaintiff's case," and "a would-be class
representative with a live claim of her own must be accorded a fair
opportunity to show that certification is warranted." The Sixth
Circuit applied Campbell-Ewald in an unreported opinion in Family
Health Chiropractic, Inc. v. MD On-Line Sols., Inc., No. 15-3508,
2016 WL 384823, at (6th Cir. Feb. 2, 2016).
In Wilson v. Gordon, F.3d 934, 949-50 (6th Cir. 2016), the Sixth
Circuit held that, even where "[the parties [did] not dispute that
all eleven named plaintiffs' individual claims became moot before
the district court certified the class," the "picking-off"
exception applied and allowed the named plaintiffs with moot
individual claims to pursue class certification, which would
"relate back" to the filing of the complaint, applying Deposit
Guar. Nat'l Bank v. Roper, 445 U.S. 326, 339 (1980). The Sixth
Circuit held this ruling was consistent with Campbell-Ewald, 136 S.
Ct. at 672, which refused to put defendants "in the driver's seat"
on class certification.[CC]
Attorneys for Luisa Aviles, Individually and on Behalf of All
Others Similarly Situated, are:
John D. Blythin, Esq.
Mark A. Eldridge, Esq.
Jesse Fruchter, Esq.
Ben J. Slatky, Esq.
ADEMI & O'REILLY, LLP
3620 East Layton Avenue
Cudahy, WI 53110
Telephone: (414) 482-8000
Facsimile: (414) 482-8001
Email: jblythin@ademilaw.com
meldridge@ademilaw.com
jfruchter@ademilaw.com
bslatky@ademilaw.com
MIDLAND CREDIT: Gordon Files FDCPA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Midland Credit
Management, Inc. et al. The case is styled as Shifra Gordon,
individually and on behalf of all others similarly situated,
Plaintiff v. Midland Credit Management, Inc., John Does 1-25,
Defendants, Case No. 7:20-cv-00470 (S.D.N.Y., Jan. 17, 2020).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Midland Credit Management, Inc. is a licensed debt collector
founded in 1953. The company's line of business includes extending
credit to business enterprises for relatively short period.[BN]
The Plaintiff is represented by:
Raphael Deutsch, Esq.
Stein Saks PLLC
285 Passaic st
Hackensack, NJ 07601
Phone: (347) 668-9326
Email: rdeutsch@steinsakslegal.com
MOHSEN TRANSPORTATION: Godinez Seeks Unpaid Wages for Drivers
-------------------------------------------------------------
Eduardo Godinez, individually and on behalf of all others similarly
situated v. MOHSEN TRANSPORTATION, INC., a California corporation;
MOHSEN OIL, INC., a California corporation; MOHSEN ARABSHAHI, an
individual, Case No. 3:20-cv-00109-BEN-LL (S.D. Cal., Jan. 15,
2020), is brought under the Fair Labor Standards Act to recover
regular, minimum and overtime compensation on behalf of all current
and former truck drivers employed by the Defendants within the
State of California.
The Plaintiff regularly worked five days per week from 4:30 p.m.
through 4:30 a.m., Tuesday through Saturday. As a result, the
Plaintiff says he worked approximately 60 hours each week and was
entitled to overtime under the FLSA.
The Defendants violated the FLSA based upon a uniform policy and
practice of failing to pay their truck drivers (a) the proper
amount of overtime by uniformly failing to include the amount of
bonuses into the calculation of the "regular rate of pay," (b) the
proper amount of regular pay by uniformly failing to pay their
truck drivers for waiting time, and (c) uniformly failing to
include waiting time hours into the total number of hours worked in
a workweek when calculating time eligible for overtime pay, says
the complaint.
Plaintiff Godinez commenced employment with the Defendants as a
non-exempt truck driver in San Diego County, California.
MTI and MOI are gas station and fuel trucking companies and conduct
business operations throughout Southern California.[BN]
The Plaintiff is represented by:
Geoffrey C Chackel, Esq.
CHACKEL LAW, PC
11440 W. Bernardo Court, Suite 300
San Diego, CA 92127
Phone: 619.567.2454
Fax: 619.452.1212
Email: geoff@chackellaw.com
NATIONAL COLLEGIATE: Andrews Files Suit in S.D. Indiana
-------------------------------------------------------
A class action lawsuit has been filed against National Collegiate
Athletic Association. The case is styled as Clete Andrews,
individually and on behalf of all others similarly situated,
Plaintiff v. National Collegiate Athletic Association, Defendant,
Case No. 1:20-cv-00201-SEB-MPB (S.D. Ind., Jan. 17, 2020).
The nature of suit is stated as Other P.I.
The National Collegiate Athletic Association is a non-profit
organization which regulates athletes of 1,268 North American
institutions and conferences.[BN]
The Plaintiff is represented by:
Jeffrey L. Raizner, Esq.
RAIZNER SLANIA LLP
2402 Dunlavy Street
Houston, TX 77006
Phone: (713) 554-9099
Fax: (713) 554-9098
Email: jraizner@raiznerlaw.com
NATIONAL COLLEGIATE: Kopp Files PI Suit in S.D. Indiana
-------------------------------------------------------
A class action lawsuit has been filed against National Collegiate
Athletic Association. The case is styled as Troy Kopp, individually
and on behalf of all others similarly situated, Plaintiff v.
National Collegiate Athletic Association, University of the
Pacific, Defendants, Case No. 1:20-cv-00205-JPH-MPB (S.D. Ind.,
Jan. 17, 2020).
The nature of suit is stated as Other P.I.
The National Collegiate Athletic Association is a non-profit
organization which regulates athletes of 1,268 North American
institutions and conferences.[BN]
The Plaintiff is represented by:
Jeffrey L. Raizner, Esq.
RAIZNER SLANIA LLP
2402 Dunlavy Street
Houston, TX 77006
Phone: (713) 554-9099
Fax: (713) 554-9098
Email: jraizner@raiznerlaw.com
NATIONSTAR MORTGAGE: Tolands Seek to Certify Class of Homeowners
----------------------------------------------------------------
In the class action lawsuit styled as TAQUELIA WASHINGTON TOLAND
and GEORGIA TOLAND, individually and on behalf of All Others
Similarly Situated, the Plaintiffs, vs. NATIONSTAR MORTGAGE LLC, a
Delaware limited liability company; VERIPRO SOLUTIONS INC., a
Delaware corporation, and DOES 1 through 20, Case No.
3:17-cv-02575-JD (N.D. Cal.), the Plaintiffs will move the Court on
March 19, 2020, for an order:
1. certifying the action as a class action pursuant to Rule 23
of the Federal Rules of Civil Procedure, on behalf of:
"all persons who obtained a second mortgage, or home equity
line of credit, secured by a deed of trust on property
located in California to secure payment of the purchase
price of a dwelling for not more than four families, which
was occupied entirely or in part by the purchaser, and after
a foreclosure or short sale of the dwelling, either of the
Defendants:
(1) sent the person a letter in the form of Exhibits A or C
to the Complaint ("Form Letters"), within the period
beginning four years preceding the filing of this action and
continuing until the date of judgment; and/or
(2) reported such person's second mortgage loan or home
equity line of credit to one or more of the major credit
reporting agencies Experian, Equifax, or TransUnion) as
having an outstanding balance owing and/or otherwise as
currently delinquent within the period beginning four years
preceding the filing of the action and continuing until the
date of judgment in the action."
2. appointing Plaintiffs as Class Representatives; and
3. appointing Plaintiffs' Counsel as Class Counsel pursuant to
Rule 23(g).
The Plaintiffs move for class certification on behalf of this Class
of California homeowners to challenge the collection and credit
reporting practices of Defendants on purchase money second
mortgages following foreclosures and short sales.
Nationstar offers mortgage services. Veripro is a debt recovery
company.[CC]
Attorneys for the Plaintiffs, Individually and on Behalf of All
Others Similarly Situated are:
Arthur D. Levy, Esq.
Gina Di Giusto, Esq.
Natalie Lyons, Esq.
HOUSING AND ECONOMIC RIGHTS ADVOCATES
P.O. Box 29435
Oakland, CA 94604
Telephone: (415) 702-4551
E-mail: arthur@yesquire.com
gdigiusto@heraca.org
nlyons@heraca.org
- and -
Bryan Kemnitzer, Esq.
kristin kemnitzer, Esq.
KEMNITZER, BARRON & KRIEG, LLP
354 Pine St., 5th Floor
San Francisco, CA 94104
Telephone: (415) 632-1900
E-mail: bryan@kbklegal.com
Kristin@kbklegal.com
NYS THRUWAY: Renewed Bid for Class Certification Sought
-------------------------------------------------------
The Plaintiffs in consolidated actions filed in United States
District Court for Northern District of New York against Thomas J.
Madison, Jr., et al., ask the Court to grant their renewed and
amended joint motion seeking to certify their lawsuits as class
actions, and to certify these classes:
1. The "New York State Thruway Employees Local 72 Class"
("Teamsters Local 72 Class") -- All individuals who:
a. were employees of the New York State Thruway Authority
("the Authority") as of April 3, 2013;
b. were union members represented by the New York State
Thruway Employees Local 72 ("Teamsters Local 72") as of
April 3, 2013;
c. who were adversely affected by the terminations
implemented by the defendant as alleged in the Complaint;
and
d. whose employment with the Authority was terminated, or
who were bumped, demoted or transferred to different
positions or work locations, or who were forced into
retirement.
2. The "Civil Service Employees Association, Inc., Local 1000,
AFSCME, AFL-CIO Authority Class" ("CSEA Authority Class") --
All individuals who:
a. were employees of the Authority as of April 3, 2013;
b. were union members represented by the Civil Service
Employees Association, Inc., Local 1000, AFSCME, AFL-CIO
("CSEA") as of April 3, 2013;
c. who were adversely affected by the terminations
implemented by the defendant as alleged in the Complaint;
and
d. whose employment with the Authority was terminated, or
who were bumped, demoted or transferred to different
positions or work locations, or who were forced into
retirement.
3. The "Civil Service Employees Association, Inc., Local 1000,
AFSCME, AFL-CIO Canal Corporation Class" ("CSEA Canal
Corporation Class") -- All individuals who:
a. were employees of the New York State Canal Corporation
("the Canal Corporation") as of April 3, 2013;
b. were union members represented by the CSEA as of April 3,
2013;
c. who were adversely affected by the terminations
implemented by the defendant as alleged in the Complaint;
and
d. whose employment with the Authority was terminated, or
who were bumped, demoted or transferred to different
positions or work locations, or who were forced into
retirement.
The Plaintiffs further renewed their motion for an order appointing
them as class representatives and appointing plaintiffs' respective
counsel as Counsel for the respective classes/sub-classes.
The consolidated actions are:
"Danny Donohue, et al., v. Thomas J. Madison, Jr., et al., Case
No. 1:13-CV-0918 (FJS/CFH) (N.D.N.Y.) (Lead Case)";
"Danny Donohue, et al., the Plaintiffs, v. Thomas J. Madison,
Jr., et al., Casew No. 1:13-CV-0920 (FJS/CFH) (N.D.N.Y.)"; and
NYS Thruway Authority Local 72, et al., the Plaintiffs, v. NYS
Thruway Authority, et al., the Defendants, Case No. 1:14-CV-
1043 (FJS/CFH)" (N.D.N.Y.)."
Defendant Madison is an executive director at the New York State
Thruway Authority.
Attorney for Local 72 Plaintiffs are:
Nicole M. Rothgeb, Esq.
Gregg D. Adler, Esq.
LIVINGSTON, ADLER, PULDA,
MEIKLEJOHN & KELLY, P.C.
557 Prospect Avenue
Hartford, CT 06105-2922
Telephone: (860) 233-9821
E-mail: nmrothgeb@lapm.org
gdadler@lapm.org
Attorney for CSEA Plaintiffs are:
Jennifer C. Zegarelli, Esq.
Aaron E. Kaplan, Esq.
CIVIL SERVICE EMPLOYEES ASSOCIATION, INC.
Box 7125, Capitol Station
143 Washington Avenue
Albany, NY 12224
Telephone: (518) 257-1443
E-mail: jennifer.zegarelli@cseainc.org
aaron.kaplan@cseainc.org
OMNICARE INC: Certification of Hager Collective Action Sought
-------------------------------------------------------------
In the class action lawsuit styled as CATHY L. HAGER, on behalf of
herself and all others similarly situated, the Plaintiff, vs.
OMNICARE, INC., the Defendant, Case No. 5:19-cv-00484 (S.D.W.Va.),
the Plaintiff asks the Court for an order:
1. conditionally certifying a collective defined as:
"all individuals who delivered pharmaceutical products for
Omnicare nationwide to Omnicare's customers, clients, or
business partners, (from June 28, 2016 to the date the Court
authorizes notice), and who were classified as independent
contractors;" and
2. authorizing notice to collective members in the manner
described in the Proposed Order.
Omnicare was an American company working in the health care
industry, established in April 1981 as a spinoff of healthcare
businesses from Chemed and W. R. Grace and Company. It is currently
a pharmacy specializing in nursing homes.[CC]
The Plaintiff is represented by:
Susan C. Wittemeier, Esq.
W. Jeffrey Vollmer, Esq.
GOODWIN & GOODWIN, LLP
300 Summers Street, Suite 1500
Charleston, WV 25301
Telephone: (304) 346-7000
E-mail: trg@goodwingoodwin.com
scw@goodwingoodwin.com
wjv@goodwingoodwin.com
- and -
Harold L. Lichten, Esq.
Zachary L. Rubin, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston St., Suite 2000
Boston, MA 02116
Telephone: (617) 994-5800
E-mail: hlichten@llrlaw.com
zrubin@llrlaw.com
The Defendant is represented by:
Nancy E. Rafuse, Esq.
James J. Swartz, Jr. Esq.
J. Stanton Hill, Esq.
Andrew M. McKinley, Esq.
SEYFARTH SHAW LLP
E-mail: nrafuse@seyfarth.com
jswartz@seyfarth.com
jshill@seyfarth.com
amckinley@seyfarth.com
PERSONNEL STAFFING: Court Denies Certification of Three Classes
---------------------------------------------------------------
In the class action lawsuit styled as Hilda Calderon, et al., the
Plaintiffs, v. Personnel Staffing Group, LLC, et al., the
Defendants, Case No. 1:15-cv-09626 (N.D. Ill.), the Hon. Judge
Jorge L. Alonso entered an order on Jan. 15, 2020, denying
Plaintiffs' motion for approval of certification of three classes
and conditional certification of two collective actions.
According to the docket entry made by the Clerk on January 15,
2020, motion hearing was held and continued to Jan. 30, 2020 at
9:30 a.m. Plaintiffs' unopposed motion for leave to file a fourth
amended complaint is granted. The Plaintiffs' unopposed motion for
preliminary approval of the parties' joint stipulation of
settlement and for approval of certification of three classes and
conditional certification of two collective actions, form and
manner of class notices, and scheduling of fairness hearing for
final approval of settlement is denied.
Plaintiffs' unopposed supplemental brief in support of preliminary
approval of the parties' revised joint stipulation of settlement
and for approval of certification of three classes and conditional
certification of two collective actions, form and manner of class
notices, and scheduling of fairness hearing for final approval of
settlement is taken under advisement, says the Court.
Plaintiffs shall file another supplemental brief, addressing the
issues stated on the record, by Jan. 23, 2020, the Court adds.
Personnel Staffing provides a variety of client services and
employee benefits while developing a customized staffing solution
tailored to meet clients' needs.[CC]
POSITIVE BEHAVIOR: Knowles Labor Suit Removed to N.D. California
----------------------------------------------------------------
The case styled Kelly Knowles, an individual, on behalf of herself,
and on behalf of all persons similarly situated v. POSITIVE
BEHAVIOR SUPPORTS CORP. and DOES 1 through 100, Case No.
CGC-19-580094, was removed from the Superior Court of California
for the City and County of San Francisco to the U.S. District Court
for the Northern District of California on Jan. 15, 2020.
The District Court Clerk assigned Case No. 3:20-cv-00335 to the
proceeding.
The first amended complaint alleges seven causes of action in which
the Plaintiff pursues on a class action basis: (1) failure to pay
minimum wages; (2) failure to pay wages due and waiting time
penalties; (3) failure to provide accurate wage stubs; (4) failure
to provide meal periods and rest breaks (5) failure to reimburse
expenses; (6) failure to provide personnel file in a timely manner,
(7) violation of California Business and Professions Code.[BN]
The Defendants are represented by:
Ross A. Boughton, Esq.
Noah M. Woo, Esq.
FORD & HARRISON LLP
505 Montgomery Street, Suite 1001
San Francisco, CA 94111
Phone: (415)-852-6911
Email: rboughton@fordharrison.com
nwoo@fordharrison.com
PROFESSIONAL CLAIMS: Katz Suit Asserts FDCPA Violation
------------------------------------------------------
A class action lawsuit has been filed against Professional Claims
Bureau, Inc. The case is styled as Tarynn Katz, on behalf of
herself and all other similarly situated consumers, Plaintiff v.
Professional Claims Bureau, Inc., Defendant, Case No. 1:20-cv-00317
(E.D.N.Y., Jan. 20, 2020).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Professional Claims Bureau, Inc. provides receivable collection and
management services.[BN]
The Plaintiff is represented by:
Adam Jon Fishbein, Esq.
Adam J. Fishbein, P.C.
735 Central Avenue
Woodmere, NY 11598
Phone: (516) 668-6945
Email: fishbeinadamj@gmail.com
SACRAMENTO LAUNDRY: Faces Valentin Employment Suit in California
----------------------------------------------------------------
A class action lawsuit has been filed against Sacramento Laundry
Company, Inc., et al. The case is captioned as Domingo Valentin on
behalf of all others similarly situated v. Sacramento Laundry
Company, Inc. and Does 1-100, Case No. 34-2019-00270987-CU-OE-GDS
(Cal. Super., Dec. 10, 2019).
The suit alleges violation of employment related laws.
Sacramento Laundry was founded in 2010. The Company's line of
business includes laundry and garment services.[BN]
The Plaintiff is represented by:
Galen Tadashi Shimoda, Esq.
SHIMODA LAW CORP.
9401 E Stockton Blvd., Suite 200
Elk Grove, CA 95624
Telephone: (916) 525-0716
Facsimile: (916) 760-3733
E-mail: attorney@shimodalaw.com
SAGINAW, MI: Taylor Seeks to Certify Class & Subclass
-----------------------------------------------------
In the class action lawsuit styled as ALISON PATRICIA TAYLOR, et
al, the Plaintiffs, v. CITY OF SAGINAW, et al, the Defendants, Case
No. 1:17-cv-11067-TLL-PTM (E.D. Mich.), Alison Patricia Taylor asks
the Court for an order:
1. certifying these class and subclass:
Non-Damages Class:
"all persons (excluding the presiding judicial officer, his
staff, the case counsel and their staff) who had and/or will
have a vehicle tire chalked by a City of Saginaw parking
enforcement officer, without a warrant, from April 5, 2014
to present"; and
Damages Sub-Class:
"all persons within the above-named class who paid a parking
ticket from April 5, 2014 to April 24, 2019 as a result of
the warrantless chalking of vehicle tire(s)."; and
2. appointing Philip L. Ellison, Esq., and Matthew E. Gronda,
Esq., as class counsel.
The case is a class action lawsuit challenging the legality of
vehicle tire chalking by the City of Saginaw and one of its parking
enforcement officials.
Ms. Taylor owns or has owned two vehicles that have, since 2014,
received more than a dozen parking tickets issued by the
City of Saginaw. Each and every one of these parking tickets were
issued by Defendant Tabitha Hoskins in her role as a parking
enforcement officer for Defendant City of Saginaw.
Saginaw is a city in the U.S. state of Michigan.[CC]
The Plaintiffs are represented by:
Philip L. Ellison, Esq.
OUTSIDE LEGAL COUNSEL PLC
PO Box 107
Hemlock, MI 48626
Telephone: (989) 642-0055
E-mail: pellison@olcplc.com
- and -
Matthew E. Gronda, Esq.
PO Box 70
St Charles, MI 48655
Telephone: (989) 249-0350
E-mail: matthewgronda@gmail.com
The Defendants are represented by:
Gregory W. Mair, Esq.
Kailen C. Piper, Esq.
O'NEILL, WALLACE & DOYLE, PC
300 St. Andrews Rd, Suite 302
Saginaw, MI 48638
Telephone: (989) 790-0960
E-mail: gregmair@owdpc.com
kpiper@owdpc.com
SAUK VILLAGE: Certification of Property Owners Class Sought
-----------------------------------------------------------
In the class action lawsuit styled as KEMPA 3105, LLC, KEMPA AND
ASSOCIATES, and DYNAMIC RENTALS, INC., on behalf of themselves and
all others similarly situated, the Plaintiffs, vs. SAUK VILLAGE,
ILLINOIS and ILLINOIS HOME INSPECTIONS, LLC, the Defendants, Case
No. 1:19-cv-08118 (N.D. Ill.), the Plaintiffs ask the Court for an
order:
1. certifying a class of:
"all owners and managers of residential property in Sauk
Village, Illinois"
2. appointing Kempa 3105, LLC, Kempa and Associates, and
Dynamic Rentals, Inc. as class representatives; and
3. appointing Plaintiffs' counsel class counsel.
Sauk Village is a village and a south suburb in Cook County,
Illinois, United States.[CC]
The Plaintiffs are represented by:
Richard T. Kienzler, Esq.
D. Richard Self, Esq.
FREEBORN & PETERS LLP
311 South Wacker Drive, Suite 3000
Chicago, IL 60606
Telephone: (312) 360-6000
E-mail: rkienzler@freeborn.com
rself@freeborn.com
STERLING FABRICATING: Fails to Properly Pay Wages, Devault Claims
-----------------------------------------------------------------
RICHARD DEVAULT, an individual v. STERLING FABRICATING EQUIPMENT,
INC., A California Corporation; ADAM MATTES, an individual, and
DOES 1 THROUGH 50, Inclusive, Case No. 19STCV44916 (Cal. Super.,
Dec. 12, 2019), is brought on behalf of the Plaintiff and similarly
situated employees arising from the Defendants' failure to pay for
all hours worked, unlawful retaliation, and failure to pay wages at
time of separation, all in violation of the California Labor Code.
According to the complaint, the Defendants failed to compensate the
Plaintiff for all hours worked by not compensating him for work
performed and bonuses. The Defendants failed to pay the Plaintiff
his final paycheck and also failed to pay Plaintiff all
non-discretionary bonuses due. The Defendants also did not
accurately record hours worked, the lawsuit adds.
The Plaintiff contends that Defendants have knowingly and willfully
refused to perform their obligations to compensate him for all
wages earned and all hours worked. As a direct result, he has
suffered, and continues to suffer, substantial losses related to
the use and enjoyment of such wages, lost interest on such wages,
and expenses.
Sterling Fabricating is in the industrial machinery and equipment
business.[BN]
The Plaintiff is represented by:
Julia Aparicio-Mercado, Esq.
APARICIO-MERCADO LAW, L.C.
121 W. Lexington Drive, Suite 338
Glendale, CA 91203
Telephone: (818) 260-9904
Facsimile: (818) 450-0964
E-mail: juliaamercadoesq@gmail.com
SUBARU OF AMERICA: Faces Armstrong Class Suit in C.D. California
----------------------------------------------------------------
A class action lawsuit has been filed against Subaru of America,
Inc., et al. The case is captioned as Gordon Armstrong, Andrew
Vierra, Sandy Moreno, and Stephen Merman individually, and on
behalf of a class of similarly situated individuals v. Subaru of
America, Inc. and Fuji Heavy Industries, Ltd., Case No.
2:19-cv-10340-FMO-RAO (C.D. Cal., Dec. 5, 2019).
The case is assigned to the Hon. Judge Fernando M. Olguin.
The suit demands $5 million in damages.
Subaru of America, Inc., based in Camden, New Jersey, is the United
States-based distributor of Subaru's brand vehicles, a subsidiary
of Subaru Corporation of Japan. Subaru Corporation, formerly known
as Fuji Heavy Industries, Ltd. from 1953 to 2017, is a Japanese
multinational corporation and conglomerate primarily involved in
both terrestrial and aerospace transportation manufacturing.[BN]
The Plaintiffs are represented by:
Steven R. Weinmann, Esq.
Cody R. Padgett, Esq.
Tarek H. Zohdy, Esq.
Trisha Kathleen Monesi, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (303) 556-4811
Facsimile: (303) 943-0396
E-mail: steven.weinmann@capstonelawyers.com
Cody.Padgett@capstonelawyers.com
tarek.zohdy@capstonelawyers.com
trisha.monesi@capstonelawyers.com
SUPERIOR ENERGY: Court Conditionally Certifies Class of Operators
-----------------------------------------------------------------
In the class action lawsuit styled as AARON WOMACK, Individually
and Behalf of All Others Similarly Situated, the Plaintiff, v.
SUPERIOR ENERGY SERVICES NORTH AMERICA SERVICES, INC. and SPN WELL
SERVICES f/k/a INTEGRATED PRODUCTION SERVICES, INC., the
Defendants, Case 7:19-cv-00074-DC-RCG (W.D. Tex., Filed March 19,
2019), the Hon. Judge Ronald C. Griffin entered an order on Jan.
16, 2019:
1. conditionally certifying a class of:
"all Flowback Operators who worked for, or on behalf of
Defendants, who were classified as independent contractors
and paid a day rate during the three years preceding the
date of this Order";
2. directing Parties to confer in an attempt to agree upon the
content and form of notice as well as an appropriate manner
for distributing it;
3. directing Defendants to file any remaining objections to
Plaintiff's proposed notice, if the parties cannot agree on
the content, form, and distribution of notice; and
4. directing parties to file a status update with the Court
regarding the pending discovery motions on or before
February 14, 2020, indicating the issues that remain between
the parties in light of the rulings contained in the Order.
Superior Energy provides drilling, completion and production
related needs of oil and gas companies. SPN Well provides a
complementary suite of drilling, completion and production
services, including drilling rigs, CATS, coiled tubing, pressure
control, electric line, thru tubing, remedial pumping, production
tools, and rentals.[CC]
TJX COMPANIES: Mullen Files ADA Suit in W.D. Pennsylvania
---------------------------------------------------------
A class action lawsuit has been filed against THE TJX COMPANIES,
INC. The case is styled as Bartley M. Mullen, Jr., individually and
on behalf of all others similarly situated, Plaintiff v. THE TJX
COMPANIES, INC., doing business as: TJ MAXX, Defendant, Case No.
2:20-cv-00076-DSC (W.D. Pa., Jan. 16, 2020).
The Plaintiff filed the case under the Americans with Disabilities
Act.
TJ Maxx is an American department store chain, selling at prices
generally lower than other major similar stores. It has more than
1,000 stores in the United States, making it one of the largest
clothing retailers in the country.[BN]
The Plaintiff is represented by:
R. Bruce Carlson, Esq.
Carlson Lynch, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Phone: (412) 322-9243
Email: bcarlson@carlsonlynch.com
TRAVELCENTERS OF AMERICA: Garner Sues Over Unpaid Overtime Wages
----------------------------------------------------------------
Deborah Garner, on behalf of herself and all others similarly
situated v. TRAVELCENTERS OF AMERICA, INC., Case No.
1:20-cv-00095-DAP (N.D. Ohio, Jan. 15, 2020), challenges the
Defendant's policies and practices that violate the Fair Labor
Standards Act, as well as the Ohio Minimum Fair Wage Standards
Act.
The Plaintiff routinely worked 40 or more hours per workweek but
the Defendant failed to pay her for starting and logging into the
Defendant's computer systems, during which they performed work that
managers and/or agents observed. As a result, the Plaintiff was not
paid overtime compensation for all hours worked over 40 each
workweek, says the complaint.
The Plaintiff worked as a customer service representative for the
Defendant.
The Defendant owns and operates gas stations and travel centers
throughout the United States.[BN]
The Plaintiff is represented by:
Shannon M. Draher, Esq.
Hans A. Nilges, Esq.
NILGES DRAHER LLC
7266 Portage Street, N.W., Suite D
Massillon, OH 44646
Phone: (330) 470-4428
Facsimile: (330) 754-1430
Email: sdraher@ohlaborlaw.com
hans@ohlaborlaw.com
- and -
Jeffrey J. Moyle, Esq.
NILGES DRAHER LLC
614 W. Superior Ave., Suite 1148
Cleveland, OH 44113
Phone: (216) 230-1955
Facsimile: (330) 754-1430
Email: jmoyle@ohlaborlaw.com
UBER TECHNOLOGIES: Brower Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against UBER TECHNOLOGIES,
INC. The case is styled as Harold Brower, Sarmad Matti,
individually and on behalf of all those similarly situated,
Plaintiffs v. UBER TECHNOLOGIES, INC., Defendant, Case No.
CGC20582262 (Cal. Super. Ct., San Francisco Cty., Jan. 17, 2020).
The case type is stated as "OTHER NON EXEMPT COMPLAINTS".
Uber Technologies, Inc., commonly known as Uber, is an American
multinational ride-hailing company offering services that include
peer-to-peer ridesharing, ride service hailing, food delivery, and
a micromobility system with electric bikes and scooters.[BN]
The Plaintiff is represented by R. STRAUS ALEX, ESQ.
UNION CARBIDE: Faces Letart Suit Over Exposure to Ethylene Oxide
----------------------------------------------------------------
MARK LETART, individually, and on behalf of all others similarly
situated v. UNION CARBIDE CORPORATION, Case No. 2:19-cv-00877
(S.D.W. Va., Dec. 6, 2019), is brought for damages resulting from
the Defendant's dangerous and reckless emission of ethylene oxide.
Ethylene oxide is a powerful cancer-causing gas. The United States
Environmental Protection Agency (EPA), the National Toxicology
Program, the World Health Organization, and the International
Agency for Research on Cancer all classify Ethylene Oxide as a
known human carcinogen.
Union Carbide is the owner and operator of a manufacturing facility
in Institute, West Virginia. The Defendant's facility manufactures
large volumes of Ethylene Oxide gas for industrial uses. This toxic
gas is then released into the atmosphere by the Defendant in both
controlled and uncontrolled releases. These releases have occurred
for several decades.
The Plaintiff and Class Members have lived within the vicinity of
the Defendant's Institute plant, and have been exposed to large
volumes of toxic, cancer-causing Ethylene Oxide gas, according to
the complaint. Although Ethylene Oxide is odorless and colorless,
and Plaintiff and Class Members can neither see nor smell the gas,
it is in the air they breathe and all around them. The Plaintiff
contends that he and Class Members have been inhaling and consuming
large amounts of Ethylene Oxide when they brush their teeth, pet
their dogs, talk with their children about their day at school, and
throughout their daily lives. As result of their exposure to
Ethylene Oxide emitted by the Defendant, the Plaintiff contends
that he and Class Members acquired some of the highest cancer risks
in the United States.
The EPA estimates that Class Members are up to 11 times more likely
to develop cancer than the average American. The Plaintiff further
contends that Union Carbide's irresponsible and reckless conduct,
and the pollution resulting therefrom, has necessitated that he and
Class Members obtain medical monitoring to mitigate their increased
risk of developing cancer, including screening, monitoring, and
checking to detect any abnormalities that may be indicative of
cancer, and to ensure that latent disease processes can be
immediately identified and aggressively treated.
The Plaintiff individually, and on behalf of Class Members, seeks
compensatory damages arising out of chemical releases, discharges,
and leaks from Union Carbide's Institute Plant. These damages
include the cost of a program for medical monitoring for continual
screening and detection of illness, disease, or disease processes
made necessary because of exposure to the releases of toxic gas
released by the Defendant.
Union Carbide Corporation is an American chemical corporation
wholly owned by Dow Chemical Company. The Company currently employs
more than 2,400 people. Union Carbide produces chemicals and
polymers that undergo one or more further conversions by customers
before reaching consumers.[BN]
The Plaintiff is represented by:
Mark E. Troy, Esq.
T. Michael Morgan, Esq.
John A. Yanchunis, Esq.
Rene F. Rocha, Esq.
Frank Petosa, Esq.
MORGAN & MORGAN, P.A.
222 Capitol Street, Suite 200A
Charleston, WV 25301
Telephone: (304) 345-1122
Facsimile: (304) 414-5692
E-mail: mtroy@forthepeople.com
mmorgan@ForThePeople.com
yyanchunis@ForThePeople.com
rrocha@ForThePeople.com
fpetosa@ForThePeople.com
UNION CARBIDE: Somerville Sues Over Exposure to Ethylene Oxide
--------------------------------------------------------------
LEE ANN SOMERVILLE, individually, and on behalf of all others
similarly situated v. UNION CARBIDE CORPORATION, Case No.
2:19-cv-00878 (S.D.W. Va., Dec. 6, 2019), is brought for damages
resulting from the Defendant's dangerous and reckless emission of
ethylene oxide.
Ethylene oxide is a powerful cancer-causing gas. The United States
Environmental Protection Agency (EPA), the National Toxicology
Program, the World Health Organization, and the International
Agency for Research on Cancer all classify Ethylene Oxide as a
known human carcinogen.
Union Carbide is the owner and operator of a manufacturing facility
in Institute, West Virginia. The Defendant's facility manufactures
large volumes of Ethylene Oxide gas for industrial uses. This toxic
gas is then released into the atmosphere by the Defendant in both
controlled and uncontrolled releases. These releases have occurred
for several decades.
The Plaintiff and Class Members have lived within the vicinity of
the Defendant's Institute plant, and have been exposed to large
volumes of toxic, cancer-causing Ethylene Oxide gas, according to
the complaint. Although Ethylene Oxide is odorless and colorless,
and Plaintiff and Class Members can neither see nor smell the gas,
it is in the air they breathe and all around them. The Plaintiff
and Class Members have been inhaling and consuming large amounts of
Ethylene Oxide when they brush their teeth, pet their dogs, talk
with their children about their day at school, and throughout their
daily lives. As result of their exposure to Ethylene Oxide emitted
by the Defendant, the Plaintiff contends that they acquired some of
the highest cancer risks in the United States.
The EPA estimates that Class Members are up to 11 times more likely
to develop cancer than the average American. The Plaintiff further
contends that Union Carbide's irresponsible and reckless conduct,
and the pollution resulting therefrom, has necessitated that he and
Class Members obtain medical monitoring to mitigate their increased
risk of developing cancer, including screening, monitoring, and
checking to detect any abnormalities that may be indicative of
cancer, and to ensure that latent disease processes can be
immediately identified and aggressively treated.
The Plaintiff, individually and on behalf of Class Members, seeks
compensatory damages arising out of chemical releases, discharges,
and leaks from Union Carbide's Institute Plant. These damages
include the cost of a program for medical monitoring for continual
screening and detection of illness, disease, or disease processes
made necessary because of exposure to the releases of toxic gas
released by Defendant.
Ms. Somerville is a citizen of West Virginia and lives in Kanawha
County.
Union Carbide Corporation is an American chemical corporation
wholly owned by Dow Chemical Company. It currently employs more
than 2,400 people. Union Carbide produces chemicals and polymers
that undergo one or more further conversions by customers before
reaching consumers.[BN]
The Plaintiff is represented by:
Mark E. Troy, Esq.
T. Michael Morgan, Esq.
John A. Yanchunis, Esq.
Rene F. Rocha, Esq.
Frank Petosa, Esq.
MORGAN & MORGAN, P.A.
222 Capitol Street, Suite 200A
Charleston, WV 25301
Telephone: (304) 345-1122
Facsimile: (304) 414-5692
E-mail: mtroy@forthepeople.com
mmorgan@ForThePeople.com
yyanchunis@ForThePeople.com
rrocha@ForThePeople.com
fpetosa@ForThePeople.com
WHITE MEMORIAL: Punay Suit Seeks to Recover Unpaid Overtime Wages
-----------------------------------------------------------------
MARIA ELISA PUNAY, and on behalf of all other similarly aggrieved
employees v. WHITE MEMORIAL MEDICAL CENTER, INC., and DOES 1
through 30, inclusive, Case No. 19STCV44457 (Cal. Super., Jan. 10,
2019), seeks to recover overtime wages under the California Labor
Code.
The Plaintiff and other similarly aggrieved employees were and are
scheduled as a matter of WMMC's policy to work as non-exempt hourly
employees in excess of eight hours per day for 12-hour or 10-hour
shifts. However, the Plaintiff alleges, she and other similarly
aggrieved employees have not received from WMMC overtime pay after
the eighth hour of work per shift through the 12th hour or tenth
hour dependent on whether it was a 12-hour or 10-hour shift.
The Plaintiff has been and continues to be employed by the
Defendants and has worked as a non-exempt hourly paid employee at
the facility of WMMC in Los Angeles, California, from July 2005
through the present.
WMMC is a medical center and hospital doing business in California
with facilities throughout California, including in Los Angeles,
California.[BN]
The Plaintiff is represented by:
Neal J. Fialkow, Esq.
James S. Cahill, Esq.
LAW OFFICE OF NEAL J. FIALKOW, INC.
215 N. Marengo Ave., 3rd Floor
Pasadena, CA 91101
Telephone: (626) 584-6060
Facsimile: (626) 584-2950
E-mail: nfialkow@pacbell.net
jscahilllaw@aol.com
X FINANCIAL: Rosen Law Reminds Investors of Feb. 7 Deadline
-----------------------------------------------------------
Rosen Law Firm, a global investor rights law firm, reminds
purchasers of the securities of X Financial (NYSE: XYF) pursuant
and/or traceable to the registration statement and related
prospectus (collectively, the "Registration Statement") issued in
connection with X Financial's September 2018 initial public stock
offering (the "IPO") of the important February 7, 2020 lead
plaintiff deadline in the case. The lawsuit seeks to recover
damages for X Financial investors under the federal securities
laws.
To join the X Financial class action, go to
http://www.rosenlegal.com/cases-register-1733.htmlor call Phillip
Kim, Esq. toll-free at 866-767-3653 or email pkim@rosenlegal.com or
cases@rosenlegal.com for information on the class action.
NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS
IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN
ONE. YOU MAY RETAIN COUNSEL OF YOUR CHOICE. YOU MAY ALSO REMAIN AN
ABSENT CLASS MEMBER AND DO NOTHING AT THIS POINT. AN INVESTOR'S
ABILITY TO SHARE IN ANY POTENTIAL FUTURE RECOVERY IS NOT DEPENDENT
UPON SERVING AS LEAD PLAINTIFF.
According to the lawsuit, the Registration Statement featured false
and/or misleading statements and/or failed to disclose that: (1)
the Company's total loan facilitation amount was not growing, but
rather was contracting; (2) the number of investors actively using
X Financial's platform was shrinking; (3) demand from small- and
medium-sized enterprises for the Company's Xiaoying Preferred Loans
("preferred loans") was plummeting; (4) the Company's preferred
loans had performed so poorly that it had begun drastically scaling
back its preferred loans in the first quarter of 2018, several
months before the IPO, and was in the process of phasing out such
loans completely; (5) demand for the Company's Xiaoying Card Loans
was also plummeting; (6) the revenue and loan facilitation growth
provided in the Registration Statement leading up to the IPO was
achieved by relaxed credit and due diligence standards, under which
the Company had underwritten tens of millions of dollars' worth of
poor quality loans that suffered from a disproportionately high
risk of default as compared to the Company's earlier loan vintages;
(7) the Company was suffering from accelerated delinquency rates
from poor quality loans that it had underwritten in the first,
second, and third quarters of 2018, which had caused the Company's
delinquency rate to sharply rise; (8) the Company's product mix had
significantly deteriorated; (9) the Company's net revenue was on
track to decline by 22% during the third quarter of 2018; and (10)
as a result, defendants' statements about X Financial's business,
operations, and prospects were materially false and misleading
and/or lacked a reasonable basis at all relevant times. When the
true details entered the market, the lawsuit claims that investors
suffered damages.
A class action lawsuit has already been filed. If you wish to serve
as lead plaintiff, you must move the Court no later than February
7, 2020. A lead plaintiff is a representative party acting on
behalf of other class members in directing the litigation. If you
wish to join the litigation, go to
http://www.rosenlegal.com/cases-register-1733.htmlor to discuss
your rights or interests regarding this class action, please
contact Phillip Kim, Esq. of Rosen Law Firm toll free at
866-767-3653 or via e-mail at pkim@rosenlegal.com or
cases@rosenlegal.com.
Rosen Law Firm represents investors throughout the globe,
concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm was Ranked No. 1
by ISS Securities Class Action Services for number of securities
class action settlements in 2017. The firm has been ranked in the
top 3 each year since 2013. Rosen Law Firm has secured hundreds of
millions of dollars for investors.
Contact:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
E-mail: lrosen@rosenlegal.com
pkim@rosenlegal.com
cases@rosenlegal.com
Website: www.rosenlegal.com
[GN]
*********
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 2020. 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 ***