/raid1/www/Hosts/bankrupt/CAR_Public/200319.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, March 19, 2020, Vol. 22, No. 57
Headlines
A&J COLLECTION: Nieves Suit Seeks to Certify Class of Consumers
ADT LLC: Fails to Pay Accurate Overtime Wages, Drowatzky Claims
AIR CULINAIRE: Campbell Sues Over Collection of Biometric Info
ALTICE USA INC: Hellyer Sues Over Data Breach
AMERICAN INT'L: D'Artiste Suit Seeks to Certify Class
APEX SYSTEMS: Moss Labor Suit Seeks Unpaid Overtime Wages
ARIA RESORT & CASINO: Daniels Sues Over Tip Pooling Policy
ARKANSAS QUALITY THERAPY: Crain Seeks Overtime Pay for Care Aides
AUSTRALIA: Urged to Delay Welfare Reporting System Changes
AZIZ ABDELAZIZ: Dressel Sues Over Illegal Telemarketing Calls
BDJ TRUCKING: Court Grants Class Certification in Yata Suit
BETTER HOUSING: Underpays Property Managers, Goode Alleges
CANOGA PARK: Nooh Hits Illegal SMS Ads
CARRIAGE SERVICES: Court Denies Class Cert. Bid in Uschold Suit
CARSON SMITHFIELD: Markley Sues Over Unfair Debt Collection Acts
CBC RESTAURANT: Court Sends Pardue Suit to Mediation
CBS RADIO: Faces $10MM Sexual Harassment Class Action in N.Y.
CENTURY MANAGEMENT: Lopez Seeks Overtime Premium Pay for Porters
CHARTWELL STAFFING: Faces Ramirez Suit Over Unfair Wage Practices
CITIZENS DISABILITY: Thrower Hits Illegal Telemarketing SMS Blasts
CLEARVIEW AI: Calderon Hits Biometrics Data Sharing/Collection
CLUB EROTICA: Jackson Seeks to Certify Dancers Class
CMRE FINANCIAL: Trim Seeks Costs for Practices That Violate FCRA
CONCORD EMS: Gill Suit to Recover Unpaid Overtime and Lost Wages
CRAFT BREW: Roberts Files Suit Over Sale to Anheuser-Busch
CROWN CASTLE: Griggs Sues Over 8.8% Share Price Drop
DETROIT, MI: Sued Over Late Property Tax Appeal Notices
DIAMONDBACK ENERGY: Fails to Pay for OT Work, Henley Claims
DIVERSIFIED MAINTENANCE: Sorto Seeks Damages for NYLL Violation
EVENFLO COMPANY: Kids' Booster Seats Not Safe, Anderson Alleges
FLAGSHIP S B AMSTERDAM NY: Restaurant Servers Seek Proper Wages
FLEX HEALTHCARE: Faces McDonald Suit Over Unpaid Overtime
FUNDKITE INC: Fabricant Sues Over Illegal Telemarketing Calls
GACO WESTERN: Bid to Deny Class Certification Granted by Court
GILAT SATELLITE: Sustendal Challenges Proposed Sale to Comtech
GO WORKOUT: Ordered to Pay Penalty, Damages for MCPA Violations
ILLINOIS AVENUE: Cronin Suit to Recover Unpaid Overtime Wages
INOVIO PHARMA: McDermid Sues Over False COVID-19 Vaccine Claims
JEFFRY KNIGHT: Fails to Pay OT for Technicians, Green Claims
KAUFF'S INC: Conchado et al. Seek to Certifying Collective Action
KEMPER CORPORATE: Olivares Seeks Proper Wages for Restaurant Staff
LA OFICINA: Espinoza et al. Seek Proper Wages for Restaurant Staff
LABRADA NUTRITION: Woodard Suit Seeks to Certify Classes
LANDS' END: Delta Air Uniforms Cause Skin Rash, Davis Claims
LOANPAL LLC: Fabricant Sues Over Illegal Telemarketing Calls
LOOMIS ARMORED: Underpays Drivers, Dang Suit Alleges
LOWE'S COMPANIES: Underpays Hourly Managers, Martinez & Lomax Say
LOWE'S COMPANIES: Underpays Managers, Hyde and Hursey Claim
LOWE'S HOME: Alminiana Suit Seeks to Certify FLSA Collective
LUCKIN COFFEE: Cohen Hits Share Prize Drop
LYFT INC: Court Denies Certification of Disabled Persons Class
LYFT INC: Fails to Provide Paid Sick Days to Drivers, Rogers Says
MANFREDINI LANDSCAPING: Discovery Schedule Sought in Gatica Case
MH SUB I LLC: Rattler Sues Over Disclosure of Consumer Reports
MUSIC GROUP: Sipe Seeks Unpaid Overtime Wages, Hits Retaliation
MY FIRST PEEKABOO: Fleming Suit Seeks Unpaid Overtime Pay
NCAA: Fails to Protect Footballers From Concussions, Mack Claims
NERVE 1649 PARK AVENUE: Jimenez Reynoso Seeks Proper Wages
NEW MEXICO: Faces Hunnicutt Prisoner Civil Rights Suit in D.N.M.
NEXTERA ENERGY: Ready to Settle Class-Action Ratepayer Lawsuit
NOVANT HEALTH: Marshall Seeks to Certify Class of Medical Workers
O'HARE TOWING: Borre Sues Over Illegal Use of Biometric Data
OMEGA FLEX: Class Action Legal Costs Hits 2019 4th Quarter Income
OS RESTAURANT: Cooper Seeks Unpaid Overtime Premiums, Withheld Tips
P.B.R. MANAGEMENT: Faces Telemarketing Suit From Marrero
PACIFIC FERTILITY: Certification of Embryo Owners Class Sought
PEMBROKE PARK, FL: Riley Sues Over Overtime Pay, Retaliation
PEOPLE'S UNITED: Walker Seeks to Finally Certify Settlement Class
PEPWEAR LLC: Gonzalez Alleges Illegal Telemarketing Acts
PERSONNEL STAFFING: Settlement Reached in Hunt Suit
PETER NYGARD: Hosted Prince Andrew at Bahamas Home Decades Ago
PETER NYGARD: PLP Leader Refutes Claims Linking Members to Suit
PETER NYGARD: Sued in New York for Allegedly Raping Young Girls
PHARMACIELO LTD: Gabbard Sues Over 36.14% Drop in Share Price
PIEDMONT NATURAL GAS: Ford-Allemand Sues Over Unpaid Overtime
PINEVILLE MEDICAL: Class Action Stayed After Americore Bankruptcy
PREFERRED GROUP: Faces Telemarketing Suit From Valdes
PRESBYTERIAN HEALTHCARE: Faces Data Breach Suit from Garcia
PROGRESSIVE LIVING: Callahan Hits Unpaid OT Pay, Missed Breaks
PT NOODLES HOLDINGS: Lopez, Garcia Seek Overtime Wages for Cooks
PTGMB LLC: Roth Hits Autodialed Telemarketing Calls
RA SUSHI HOLDING: Fails to Pay Accurate Wages, Henry Claims
RADIUS GLOBAL SOLUTIONS: Robrahn Sues Over Debt Collection Letter
RESIDENTS ENERGY: Davis Sues Over Illegal Telemarketing Calls
SALESFORCE.COM: Davis et al. Sue Over Retirement Plan Fiduciaries
SEATTLE CHILDREN'S: Baby Dies of Mold Infection Amid Class Action
SIMPLEX GRINNELL: Court Certifies Class in Rodriguez Suit
STUDENT ASSISTANCE: Court Grants Foley's Class Certification Bid
TAMS MANAGEMENT: Fails to Give Timely Layoff Notice, Gautier Says
TANDEM PROFESSIONAL: Boston Sues Over Biometric Privacy Rights
TESLA INC: Faces Class Action Over Lithium-Ion Battery Car Fires
THESREET INC: Suris Sues in E.D. New York Over Violation of ADA
TIGER BRANDS: Legal Process Under Way to Determine Liability
TILRAY INC: Ganovsky Sues Over 15.18% Decline in Share Price
TIVO CORPORATION: Smith Suit Challenges Merger With Xperi Corp
TRANS UNION LLC: Faces Deaton Suit Over Erroneous Consumer Reports
TREASURE ISLAND: Urban Transformation Underway Amid Class Action
TRIUMPH AEROSTRUCTURES: Faces Schneider Suit Over Denied Benefits
TRONOX INC: Legal Malpractice Suit v Montgomery McCracken Junked
UNITED STATES: Calhoun et al. Seek to Certify Class of Veterans
UNIVERSAL MUSIC: Responds to Class Action Over 2008 Vault Fire
URGENTCARE2GO.COM LLC: Collins Seeks OT Pay for Medical Assistants
US HEALTH ADVISORS: Hobbs Sues Over Illegally Faxed Ads
WAG LABS: Court Certifies Settlement Class in Darsey Suit
WEBSTER & SONS: Castellanos Seeks Overtime Pay, Reimbursements
WEST VIRGINIA: Gov. to Hire 87 CPS Workers Amid DHHR Class Action
WHOLE FOODS MARKET: Campbell Files Product Mislabeling Suit
WOODMAN'S FOOD: Struck Sues Over Unlawful Use of Biometric Data
WPX ENERGY: Post Files Suit Over Proposed Felix Energy Acquisition
[*] Australian Class Action Industry in State of Questioning
[*] Juan Monteverde Investigates Potential Securities Claims
*********
A&J COLLECTION: Nieves Suit Seeks to Certify Class of Consumers
---------------------------------------------------------------
In the class action lawsuit styled as MARITZA NIEVES, individually
and on behalf of all others similarly situated v. A&J COLLECTION
AGENCY, INC., Case No. 3:18-cv-17284-DEA (D.N.J.), the Plaintiff
moves the Court for an Order certifying this case to proceed as a
class action and granting final approval of the Parties' class
settlement agreement.
The case was filed on behalf of a class of:
"all consumers who were sent an initial collection letter from
Defendant, with an address in New Jersey, Pennsylvania,
Delaware and/or Virgin Islands, during the period of December
17, 2017 to present, attempting to collect a consumer debt,
containing the following language, or language substantially
similar: 'If you have any qualms about the validity of the debt
or any portion thereof, you may notify us verbally or in
writing during the term of thirty days from receipt of this
letter.'"
A&J is a debt collection agency.[CC]
Attorney for the Plaintiff are:
Ari H. Marcus, Esq.
MARCUS & ZELMAN, LLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Telephone: (732) 695-3282
Facsimile: (732) 298-6256
E-mail: Ari@MarcusZelman.com
ADT LLC: Fails to Pay Accurate Overtime Wages, Drowatzky Claims
---------------------------------------------------------------
NICHOLAS DROWATZKY, Individually and on behalf of all others
similarly situated, Plaintiff, v. ADT LLC, Defendant, Case No.
6:20-cv-01065 (D. Kan., March 5, 2020) alleges that the Defendant
fails to pay Plaintiff and the Putative Class Members for at least
one and one-half their regular rates for all hours worked in excess
of 40 hours per workweek and the proper amount of overtime on a
routine and regular basis in the last three years.
The Plaintiff was employed by the Defendant as non-exempt call
center employee in Wichita, Kansas from approximately January 2018
until April 2018.
ADT LLC provides home and business security services, such as
surveillance systems, and alarm systems throughout the United
States. The Company is headquartered in Boca Raton, Florida, and
has additional call centers in New Jersey, Kansas, New York, and
Texas. [BN]
The Plaintiff is represented by:
Richard M. Paul III, Esq.
Laura C. Fellows, Esq.
Paul LLP
601 Walnut Street, Suite 300
Kansas City, MO 64106
Telephone: (816) 984-8100
Email: Rick@paulllp.com
Laura@paulllp.com
– and -
Clif Alexander, Esq.
Austin W. Anderson, Esq.
ANDERSON ALEXANDER, PLLC
819 N. Upper Broadway
Corpus Christi, TX 78401
Telephone: (361) 452-1279
Email: clif@a2xlaw.com
austin@a2xlaw.com
AIR CULINAIRE: Campbell Sues Over Collection of Biometric Info
--------------------------------------------------------------
Zachary Campbell, individually and on behalf of all others
similarly situated v. AIR CULINAIRE WORLDWIDE, LLC, Case No.
2020CH02867 (Ill. Cir., Cook Cty., March 9, 2020), arises from the
illegal actions of the Defendant in collecting, storing and using
his biometric identifiers and information without obtaining
informed written consent or providing the requisite data retention
and destruction policies, in direct violation of the Illinois
Biometric Information Privacy Act.
In violation of the BIPA, the Plaintiff contends, the Defendant
collected, stored and used--without first providing notice,
obtaining informed written consent or publishing data retention
policies--the fingerprints and associated personally identifying
information of hundreds of its employees, who are being required to
"clock in" with their fingerprints.
BIPA confers on the Plaintiff a right to know of such risks, which
are inherently presented by the collection and storage of
biometrics, and a right to know how long such risks will persist
after termination of their employment. Yet, the Defendant never
adequately informed the Plaintiff or the Class of its biometrics
collection practices, never obtained the requisite written consent
from the Plaintiff regarding its biometric practices, and never
provided any data retention or destruction policies to the
Plaintiff, says the complaint.
The Plaintiff is a resident and citizen of the State of Illinois.
Air Culinaire Worldwide, LLC, is a limited liability company
organized under the laws of Illinois and doing business in Cook
County, Illinois.[BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
KOZONIS & KLINGER, LTD.
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: 312.283.3814
Fax: 773.496.8617
Email: gklinger@kozonislaw.com
ALTICE USA INC: Hellyer Sues Over Data Breach
---------------------------------------------
Edward Hellyer, individually and on behalf of all others similarly
situated, Plaintiff, v. Altice USA, Inc., Defendant, Case No.
20-cv-01410 (S.D. N.Y., February 18, 2020), seeks injunctive and
declaratory relief and redress for Altice's unlawful and negligent
disclosure of thousands of employees' and customers' personal data
in a major data breach in November 2019, in violation of common law
and statutory obligations; and in breach of contract or implied
contract pursuant to Cable Communications Act of 1984, New York
Labor Law.
The data breach occurred as a result of a phishing campaign on
Altice company email accounts. In January 2020, one of the
downloaded mailboxes contained a password protected report that
contained personal information, including names, employment
information, Social Security numbers, dates of birth and, in some
instances, drivers' license numbers. [BN]
Plaintiff is represented by:
Cornelius P. Dukelow, Esq.
ABINGTON COLE + ELLERY
320 South Boston Avenue, Suite 1130
Tulsa, OK 74103
Telefax: (918) 588-3400
Email: cdukelow@abingtonlaw.com
- and -
Richard A. Acocelli, Esq.
WEISSLAW LLP
1500 Broadway, 16th Floor
New York, NY 10036
Tel: (212) 682-3025
Fax: (212) 682-3010
Email: racocelli@weisslawllp.com
AMERICAN INT'L: D'Artiste Suit Seeks to Certify Class
-----------------------------------------------------
In the class action lawsuit styled as MAISON D'ARTISTE,
individually and on behalf of other persons similarly situated, v.
AMERICAN INTERNATIONAL GROUP, INC.; LEXINGTON INSURANCE COMPANY;
and DOES 1-100, Case No. 19-cv-07574-SVW-E (C.D. Cal.), the
Plaintiff will move the Court on May 11, 2020 for an order:
1. certifying a class of:
"all Lexington Insurance Company policyholders who made a 3%
claim for damages to their real property within the last
four years where Lexington Insurance Company depreciated
sales tax on materials"; and
2. appointing Evan Selik of McCathern, LLP and Sahag Majarian,
II of the Law Office Sahag Majarian, II as class counsel.
Lexington Insurance Company provides homeowner's insurance on real
estate. Maison D'Artiste' owned and had an insurable interest in a
property located at 5842 Deerhead Road, Malibu, California 90265
(the Property) and was insured by Lexington Insurance Company. On
Nov. 8, 2018, the Property was damaged by fire. Phillipe Naouri,
the person who owns Maison D'Artiste, made an insurance claim with
Lexington Insurance.
Lexington determined that the loss was covered. Lexington and
Plaintiff agreed on a scope of repair and cost to repair the damage
to the Property. Lexington paid Plaintiff based on the agreed to
scope of repair. However, Lexington depreciated sales tax on
materials used in repair of the Property. In other words, by
depreciating sales tax, Lexington did not pay Plaintiff the full
Replacement Cost Value (RCV) that was due to him.[CC]
The Plaintiff is represented by:
Evan Selik, Esq.
Christine Zaouk, Esq.
MCCATHERN LLP
11523 West Sixth Street, Suite 830
Los Angeles, CA 90014
Telephone: (213) 225-6150
Facsimile: (213) 225-6151
E-mail: eselik@meccathernlaw.com
csaouk@mecathernlaw.com
- and -
Sahag Majarian II, Esq.
LAW OFFICES OF SAHAG MAJARIAN II
118250 Ventura Boulevard
Tarzana, CA 91356
Telephone: (818) 609-0807
Facsimile: (818) 609-0892
E-mail: sahagii@aol.com
APEX SYSTEMS: Moss Labor Suit Seeks Unpaid Overtime Wages
---------------------------------------------------------
Andre Moss, individually and on behalf of all others similarly
situated, Plaintiff, v. Apex Systems, LLC, Defendant, Case No.
20-cv-00102 (E.D. Va., February 17, 2020), seeks to recover unpaid
overtime and other damages for violation of the Fair Labor
Standards Act.
Apex is a staffing services firm headquartered in Glen Allen,
Virginia that provides technical professionals to clients within
numerous major industries. Moss worked for Apex as an Outside Plant
Telephone Technician, installing or troubleshooting telephone or
internet services. Apex paid Moss straight time for overtime with
no overtime compensation and classified him as an independent
contractor without any overtime pay for hours worked in excess of
forty hours in a workweek, asserts the complaint. [BN]
Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Richard M. Schreiber, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Tel: (713) 352-1100
Fax: (713) 352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
rschreiber@mybackwages.com
- and -
Richard J. Burch, Esq.
BRUCKNER BURCH, P.L.L.C.
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Tel: (713) 877-8788
Fax: (713) 877-8065
Email: rburch@brucknerburch.com
- and -
Harris D. Butler, Esq.
Zev H. Antell, Esq.
BUTLER ROYALS, PLC
140 Virginia Street, Suite 302
Richmond, VA 23219
Tel: (804) 648-4848
Fax: (804) 237-0413
Email: harris.butler@butlerroyals.com
zev.antell@butlerroyals.com
ARIA RESORT & CASINO: Daniels Sues Over Tip Pooling Policy
----------------------------------------------------------
LISA DANIELS, individually and on behalf of all others similarly
situated, Plaintiff, vs. ARIA RESORT & CASINO, LLC; DOES I through
V, inclusive; and ROE CORPORATIONS I through V, inclusive,
Defendants, Case No. 2:20-cv-00453 (D. Nev., March 4, 2020) alleges
that the Defendants improperly withheld portions of Plaintiff's and
those similarly situated employees' tips and distributed them to
managers and supervisors in violation of the Fair Labor Standards
Act.
The tips of Daniels, who was employed as a Slot Guest Service
Representative by the Defendant, were subject to Aria Resort &
Casino's tip pooling policy. The tip pooling policies, practices,
and procedures of the Defendant provide that slot department
personnel, including Slot Guest Service Representatives and High
Limit Cashiers, are to deposit their tips in the tip box at the end
of each shift. Then, at the end of each week, tips are counted and
individual tip shares are calculated. Tips are then distributed to
each tip pooling member's locker.
According to the complaint, Daniels, and all others similarly
situated, is entitled to receive those tips which were improperly
withheld by Aria Resort & Casino and distributed to Managers and
Supervisors following the March 2018 amendment to the FLSA, along
with liquidated damages and attorneys' fees.
Aria Resort & Casino, LLC is a luxury resort and casino, part of
the CityCenter complex on the Las Vegas Strip in Paradise, Nevada.
[BN]
The Plaintiff is represented by:
Joseph N. Mott, Esq.
Scott E. Lundy, Esq.
REMPFER MOTT LUNDY, PLLC
10091 Park Run Dr., Ste. #200
Las Vegas, NV 89145-8868
Telephone: (702) 825-5303
Facsimile: (702) 825-4413
Email: Joey@rmllegal.com
Scott@rmllegal.com
ARKANSAS QUALITY THERAPY: Crain Seeks Overtime Pay for Care Aides
-----------------------------------------------------------------
The case DANIELLE CRAIN, Individually and on Behalf of All Others
Similarly Situated, PLAINTIFF, vs. ARKANSAS QUALITY THERAPY CO.,
COREY KIMBROUGH and TROOPER TOLBERT, DEFENDANTS, Case No.
4:20-cv-00245-DPM (E.D. Ark., March 6, 2020) alleges the failure of
the Defendants to pay Plaintiff and all others similarly situated
an overtime premium as required by the Fair Labor Standards Act and
Arkansas Minimum Wage Act.
Plaintiff was employed by Defendant as a Care Aide from August of
2019 until December of 2019.
Arkansas Quality Therapy Co. provides an array of services for
individuals with disabilities to promote independence in Little
Rock, Arkansas. [BN]
The Plaintiff is represented by:
Josh Sanford, Esq.
Sean Short, Esq.
SANFORD LAW FIRM, PLLC
One Financial Center
650 South Shackleford Road, Suite 411
Little Rock, AR 72211
Telephone: (501) 221-0088
Facsimile: (888) 787-2040
Email: josh@sanfordlawfirm.com
sean@sanfordlawfirm.com
AUSTRALIA: Urged to Delay Welfare Reporting System Changes
----------------------------------------------------------
Finar O'Mallon, writing for Australian Associated Press, reports
that the Morrison government's push to simplify the way welfare
recipients report income may lead to another robo-debt "disaster",
social security advocates say.
They've used a parliamentary inquiry to call on the federal
government to delay changes so the new system can be tested.
But the government agency responsible says its preference is to
begin the new reporting system at the start of the coming financial
year.
In January, the federal government proposed updating welfare laws
so recipients report actual income and not an estimate based on
hours worked and income.
It would also use payroll data from the Australian Taxation Office
to pre-fill income reports.
The National Social Security Rights Network says inaccurate
information provided by the recipient would supersede more accurate
tax office data.
Solicitor Daniel Turner said this was a recipe for overpayments and
the recipient owing the government money.
He said it was important the lessons from the so-called robo-debt
disaster were learned.
"People have lost a great deal of trust in the system because of
robo-debt," Mr Turner said.
"It's been catastrophic in terms of the trust that people have in
the social security system and that's a tragic result."
The network wants the onus to be on the government to confirm a
recipient's income, seeing as it had better access to more accurate
income data.
Australian Council of Social Service senior advisor Charmaine Crowe
warned tax office data could also be inaccurate, but recipients may
assume it was correct.
"I think there's a risk that people will assume that the government
has gotten it right," Ms Crowe said.
She said it would be worth asking the tax office what its
experience had been with pre-filled tax returns.
Both groups called on the government to delay changes so welfare
advocates could troubleshoot the system.
"There's no need to rush this bill," Ms Crowe said.
"To compare what happened with robo-debt, there was no consultation
with experts at all."
The Department of Social Services, which administers the welfare
system, said it's aiming to start the new scheme from July 1,
pending legislation.
"The sooner we can change it from earned (income) to received, we
see that as a positive," acting deputy secretary Shane Bennett
said.
When proposing the changes in January, the government hoped the new
system would prevent recipients being owed money or paid too much,
and save $2.1 billion in welfare overpayments.
The government's welfare debt recovery program, commonly referred
to as robo-debt, was recently declared unlawful by a federal
court.
The government has wound back the scheme, which is also facing a
class action lawsuit. [GN]
AZIZ ABDELAZIZ: Dressel Sues Over Illegal Telemarketing Calls
-------------------------------------------------------------
Darrel Dressel, individually and on behalf of all others similarly
situated, Plaintiffs, v. Aziz Abdelaziz Group Corp. and Does 1
through 10, Defendant, Case No. 20-cv-01501 (C.D. Cal., February
14, 2020), seeks injunctive relief, statutory damages, treble
damages and all other relief for violation of the Telephone
Consumer Protection Act.
Dressel claims to have received auto-dialed telemarketing calls
from Aziz Abdelaziz Group within a 12-month period despite not
having an established business relationship with them during the
time of the solicitation calls. Dressel's phone is registered in
the National Do-Not-Call registry. [BN]
Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Phone: (323) 306-4234
Fax: (866) 633-0228
Email: tfriedman@toddflaw.com
abacon@toddflaw.com
BDJ TRUCKING: Court Grants Class Certification in Yata Suit
-----------------------------------------------------------
In the class action lawsuit styled as HAMIMI YATA AND JASMIN
ZUKANCIC, individually and on behalf of others similarly situated
v. BDJ TRUCKING CO. and SENAD MUJKIC, Case No. 1:17-cv-03503 (N.D.
Ill.), the Hon. Judge Sharon Johnson Coleman entered an order
granting Plaintiffs' motion for class certification of:
"all individuals or entities that signed equipment leases with
BDJ between April 1, 2013 and April 1, 2017."
The Court said, "Defendants argue a class action is not superior to
individual actions because the amount each class member is
allegedly owed is large enough to encourage them to bring cases on
their own. The average class member in this case stands to recover
damages in the amount of a few thousand dollars. A couple class
members are potentially owed over ten thousand dollars. While the
few drivers who have larger claims may be motivated to sue as
individuals, many potential plaintiffs may not bring their own
claims because of the generally small individual recovery. As such,
Plaintiffs' claims are well-suited for class treatment. Again, if
Plaintiffs prove liability at the merits stage, the need for
individualized damages determinations does not require denial of
Plaintiffs' motion for class certification. When, as here, there
are substantial common issues as to liability that outweigh the
single variable of damages, the Court can devise solutions to
address that problem when the time comes. See Arreola v. Godinez,
546 F.3d 788. Indeed, it is common in class actions to have a final
phase when individualized proofs are submitted. The Court finds it
would be inefficient and unrealistic to adjudicate liability
numerous times and that individualized damages claims do not
preclude class certification."
Plaintiffs Hamimi Yata and Jasmin Zukancic filed this suit against
BDJ Trucking Co. and Senad Mujkic for violating the Truth in
Leasing Act and the Illinois Wage Payment and Collection Act. The
Plaintiffs move to certify the TLA claim as a class action pursuant
to Federal Rule of Civil Procedure 23(b)(3).
BDJ is a transportation carrier that employs and contracts with
drivers to transport its customers' freight throughout the United
States. It is an Illinois corporation headquartered in Niles,
Illinois.[CC]
BETTER HOUSING: Underpays Property Managers, Goode Alleges
----------------------------------------------------------
MARCHEZ GOODE, individually and on behalf of all others similarly
situated, Plaintiff v. BETTER HOUSING COALITION, Defendant, Case
No. 3:20-cv-00116 (E.D. Va., Feb. 20, 2020) seeks to recover from
the Defendants unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
The Plaintiff Goode was employed by the Defendant as property
manager.
Better Housing Coalition operates as a non-profit organization. The
Organization develops homes for low income families. Better Housing
Coalition serves communities in the State of Virginia. [BN]
The Plaintiff is represented by:
Timothy Coffield, Esq.
COFFIELD PLC
106-F Melbourne Park Circle
Charlottesville, VA 22901
Telephone: (434) 218-3133
Facsimile: (434) 321-1636
E-mail: tc@coffieldlaw.com
CANOGA PARK: Nooh Hits Illegal SMS Ads
--------------------------------------
Mohamed Nooh, individually and on behalf of all others similarly
situated, Plaintiff, v. Canoga Park Hand Car Wash, Defendant, Case
No. 20-cv-01395 (C.D. Cal., February 12, 2020), seeks statutory
damages, punitive damages, costs and attorney fees for violation of
the Telephone Consumer Protection Act.
Canoga Park Hand Car Wash operates in Canoga Park, California. To
promote its services, it engages in unsolicited SMS ads sent en
masse via an auto dialer. Nooh did not give express consent to
receive such texts, asserts the complaint. [BN]
Plaintiff is represented by:
Michael R. Parker, Esq.
Kevin Cole, Esq.
PARKER COLE, P.C.
6700 Fallbrook Ave, Suite 207
West Hills, CA 91307
Telephone: (818) 292-8800
E-Mail: michael@parkercolelaw.com
kevin@parkercolelaw.com
CARRIAGE SERVICES: Court Denies Class Cert. Bid in Uschold Suit
---------------------------------------------------------------
In the class action lawsuit styled as WILLIAM USCHOLD, et al., v.
CARRIAGE SERVICES, INC., Case No. 4:17-cv-04424-JSW (N.D. Cal.),
the Hon. Judge Jeffrey S. White entered an order:
1. denying Plaintiffs' motion for summary judgment;
2. denying Plaintiffs' motion for class certification of:
Class:
"all former and current sales employees employed by
Defendants within the State of California within four years
of the filing of this Complaint until the entry of judgment
after trial, that were not reimbursed for reasonable and
necessary expenses incurred in relationship to the use of
personal property while performing their job duties as
required by California Labor Code Section 2802"; and
Two Subclasses:
(a) all Class Members that were not reimbursed for the use
of their personal cell phone as required by California
law ("Cell phone sub-class"); and
(b) all Class Members that were not reimbursed for use of
their personal vehicles as required by California law;
specifically gas and mileage ("Vehicle sub-class").
4. directing Counsel for Plaintiffs to serve a copy of this
Order on the Plaintiffs no later than March 20, 2020; and
5. directing the parties, no later than March 20, 2020, to meet
and confer and submit a joint statement proposing pre-trial
and trial deadlines.
The Court said, "The Plaintiffs have partially satisfied their
required showing for adequacy -- three Plaintiffs are adequate
class representatives, but counsel is not adequate. With respect to
the other requirements of [Fed.R.Civ.P.] Rule 23(a), Plaintiffs
have only successfully shown typicality. Plaintiffs have therefore
failed to satisfy Rule 23(a). Plaintiffs have cited no evidence and
marshaled no argument as to whether the two proposed sub-classes
meet any of the Rule 23 requirements. Accordingly, Plaintiffs have
failed to make the required showing as to the sub-classes as well.
Because Plaintiffs have not satisfied Rule 23(a), the Court
declines to address the parties' arguments concerning predominance
under Rule 23(b). The Court therefore denies Plaintiffs' motion for
class certification."[CC]
CARSON SMITHFIELD: Markley Sues Over Unfair Debt Collection Acts
----------------------------------------------------------------
CJ Markley, individually and on behalf of all others similarly
situated, Plaintiff, vs. Carson Smithfield, LLC, Defendant, Case
No. 8:20-cv-00601-MSS-SPF (M.D. Fla., March 13, 2020) seeks to
recover for violations of the Defendant of the Fair Debt Collection
Practices Act and the Florida Consumer Collection Practices Act.
According to the complaint, the Defendant contacted Plaintiff by
letter in its efforts to collect the alleged Debt Plaintiff owed to
them. The Letter alleges that Plaintiff owed $864.31, when
Plaintiff did not owe any money at all to the entity on whose
behalf Defendant was seeking to collect. The Plaintiff claims THE
alleged Debt is a false, deceptive and misleading representation
made by Defendant in violation of the Fair Debt Collection
Practices Act.
Carson Smithfield, LLC is a debt collection agency with a principal
place of business in New York County, New York. [BN]
The Plaintiff is represented by:
Craig B. Sanders, Esq.
BARSHAY SANDERS, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (516) 203-7600
Facsimile: (516) 706-5055
Email: csanders@barshaysanders.com
CBC RESTAURANT: Court Sends Pardue Suit to Mediation
----------------------------------------------------
In the class action lawsuit styled as AMBER PARDUE, ET AL. V. CBC
RESTAURANT CORP., ET AL., Case No. CV-19-03920-CJC-SK (C.D. Cal.),
the Court entered an order denying a joint stipulation seeking to
continue the hearing to May 18, 2020, and denying without prejudice
the motion for class certification.
On March 3, 2020, the parties filed a joint stipulation seeking to
continue the hearing to May 18, 2020 so that they can focus their
efforts on an upcoming mediation session that is scheduled for
April 21, 2020. In light of the time that has passed since the
original motion was filed and the distinct possibility that some
circumstances may have changed in the interim, the court denies the
joint stipulation.
The original March 30, 2020 hearing is vacated and removed from the
calendar. If the parties' mediation efforts are unsuccessful,
Plaintiffs shall refile their motion for class certification no
later than Friday, May 29, 2020, says the Court.
On April 30, 2019, Plaintiffs Amber Pardue and Jennifer Vargas
brought this putative wage and hour class action lawsuit against
CBC Restaurant Corporation and Juliana Zhu in Los Angeles County
Superior Court. A few months after Defendants removed the case,
Plaintiffs filed the motion for class certification on December 8,
2019.
After the motion was fully briefed and taken under submission by
Judge Klausner, the case was reassigned to this Court and the class
certification motion was set for hearing on March 30, 2020.[CC]
CBS RADIO: Faces $10MM Sexual Harassment Class Action in N.Y.
-------------------------------------------------------------
AllAcess reports that former CBS RADIO Human Resources Payroll
Manager and Sr. Accountant Jacqueline Musiello has filed a lawsuit
against CBS alleging sexual harassment aimed at herself and
co-workers by talent on the company's NEW YORK radio stations,
according to a NEW YORK POST report citing a suit in NEW YORK CITY
Civil Court in the BRONX. The suit seeks $10 million in damages and
class-action status.
According to the POST report, MusiellO is alleging that in her five
years at CBS, incidents involving both verbal and physical
harassment occurred almost daily but her supervisor Margaret Marion
and other executives laughed the incidents off, including one in
which Musiello walked in on co-workers having sex in a conference
room. Musiello also alleges being on the receiving end of "unwanted
advances" from former Classic Hits WCBS-F/NEW YORK host DAN TAYLOR,
including being given chocolates, flowers, a handwritten card, and
a lunch invitation that came with a reminder that she was up for
promotion and going to lunch "would be in her best interest."
Taylor exited the station in 2019 after an investigation found
management ignored co-workers' complaints of racism and sexism.
Musiello left CBS in 2017 and CBS RADIO was sold to Entercom in the
same year. [GN]
CENTURY MANAGEMENT: Lopez Seeks Overtime Premium Pay for Porters
----------------------------------------------------------------
MARTIN LOPEZ, Individually and on behalf of all other persons
similarly situated, Plaintiff, v. CENTURY MANAGEMENT SERVICES INC.,
Defendant, Case No. 1:20-cv-02282 (S.D.N.Y., March 13, 2020)
alleges that that Defendant fails to pay overtime premium pay to
Plaintiff and all other persons similarly situated pursuant to the
Fair Labor Standards Act.
The complaint further states the failure of the Defendant to make,
keep and preserve records with respect to its employees sufficient
to determine the wages, hours and other conditions and practices of
employment, violating the FLSA.
The Defendant employed Plaintiff as a porter at two of its
locations in New York City from September 2018 to October 2019.
Century Management Services Inc. is a New York-based full service
property management company specializing in rental, co-op and condo
management with the provision of on-site porters, doormen and
similar positions. [BN]
The Plaintiff is represented by:
Douglas Lipsky, Esq.
Sara Isaacson, Esq.
420 Lexington Avenue, Suite 1830
New York, NY 10017-6705
Telephone: (212) 392-4772
Facsimile: (212) 444-1030
Email: doug@lipskylowe.com
sara@lipskylowe.com
CHARTWELL STAFFING: Faces Ramirez Suit Over Unfair Wage Practices
-----------------------------------------------------------------
LUISA RAMIREZ, on behalf of herself and all others similarly
situated. Plaintiffs, v. CHARTWELL STAFFING SERVICES INC., a New
York corporation; AMERICAN INTERNATIONAL INDUSTRIES, a business
entity form unknown; and DOES 1 through 100, Inclusive, Defendants,
Case No. 20STCV10112 (Calif. Super., Los Angeles Cty., March 12,
2020) alleges that the Defendants had a consistent policy or
practice of failing to pay wages, including minimum and overtime
wages, to Plaintiff and other non-exempt aggrieved employees in the
State of California in violation of state wage and hour laws.
The Defendants have a pattern and practice of failing on multiple
occasions to provide Plaintiff and other similarly situated
employees a 30-minute uninterrupted meal period for days on which
the employees worked more than five hours in a workday and second
30-minute uninterrupted meal period for days on which the employees
worked in excess of 10 hours in a word day, and failing to provide
compensation for such unprovided meal periods as required by
California wage and hour laws. They also failed to provide rest
periods of at least 10 minutes per four hours worked or major
fraction thereof, to offer compensation for such unprovided rest
periods as required by California wage and hour laws and to pay
Plaintiff and other similarly aggrieved employees the full amount
of their wages owed to them upon termination and/or resignation as
required by Labor Code.
The Defendants employed Ramirez as a non-exempt employee at their
facilities in the State of California.
Chartwell Staffing Services Inc. is one of the woman-owned staffing
agencies in the U.S. committed to finding staffing jobs for those
in the finance, clerical, IT, healthcare, government contract,
light industrial, hospitality, warehouse, trades or technical
fields. [BN]
The Plaintiff is represented by:
Michael Nourmand, Esq.
James A. De Sario, Esq.
Melissa M. Kurata, Esq.
THE NOURMAND LAW FIRM, APC
8822 West Olympic Boulevard
Beverly Hills, CA 90211
Telephone: (310)553-3600
Facsimile: (310)553-3603
CITIZENS DISABILITY: Thrower Hits Illegal Telemarketing SMS Blasts
------------------------------------------------------------------
Gene Thrower and Abante Rooter and Plumbing Inc, individually and
on behalf of all others similarly situated, Plaintiff, v. Citizens
Disability, LLC, Defendant, Case No. 20-cv-10285 (D. Mass.,
February 12, 2020), seeks injunctive relief, statutory damages,
treble damages and all other relief for violation of the Telephone
Consumer Protection Act.
Citizens Disability offers services to assist disabled persons in
applying for Social Security disability benefits in exchange for a
percentage of those benefits. Plaintiffs claim to have received
auto-dialed telemarketing SMS ads from Citizens Disability on their
phones despite being registered in the National Do-Not-Call
registry. [BN]
Plaintiff is represented by:
J. Steven Foley, Esq.
LAW OFFICE OF J. STEVEN FOLEY
100 Pleasant Street #100
Worcester, MA 01609
Telephone: 508-754-1042
Facsimile: 508-739-4051
- and -
Patrick H. Peluso, Esq.
Stephen A. Klein, Esq.
WOODROW & PELUSO, LLC
3900 East Mexico Ave., Suite 300
Denver, CO 80210
Telephone: (720) 213-0675
Facsimile: (303) 927-0809
Email: ppeluso@woodrowpeluso.com
sklein@woodrowpeluso.com
CLEARVIEW AI: Calderon Hits Biometrics Data Sharing/Collection
--------------------------------------------------------------
Mario Calderon and Jennifer Rocio, individually and on behalf of
all others similarly situated, Plaintiff, v. Clearview AI, INC. and
CDW Government LLC, Defendants, Case No. 20-cv-01296 (S.D. N.Y.,
February 13, 2020), seeks an injunction requiring Defendants to
cease all unlawful activity related to the capture, collection,
storage and use of biometrics; statutory damages together with
costs and reasonable attorneys' fees for violation of the Illinois
Biometric Information Privacy Act.
Clearview sells its facial recognition tool through its
Illinois-based agent CDW. One of Clearview's clients, obtained
through CDW, is the Chicago Police Department. Mario Calderon and
Jennifer Rocio are account holders for several services from which
Clearview has scraped data, including Facebook, Instagram, Snapchat
and Google Photos. They uploaded photographs depicting their faces
to these websites.
The complaint alleges that Clearview has collected the biometrics
of Illinois residents and shared them to Illinois-based entities,
including to the Chicago Police Department, without the requisite
consent. [BN]
Plaintiff is represented by:
Scott A. Bursor, Esq.
Joshua D. Arisohn, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Tel: (646) 837-7150
Fax: (212) 989-9163
E-Mail: scott@bursor.com
jarisohn@bursor.com
- and -
Frank S. Hedin, Esq.
HEDIN HALL LLP
Four Embarcadero Center, Suite 1400
San Francisco, CA 94104
Telephone: (415) 766-3534
Facsimile: (415) 402-0058
Email: fhedin@hedinhall.com
CLUB EROTICA: Jackson Seeks to Certify Dancers Class
----------------------------------------------------
In the class action lawsuit styled as SONYA JACKSON, on behalf of
herself and all others similarly situated v. CLUB EROTICA, CLUB
EROTICA, INC., V.I. CORPORATION d/b/a CLUB EROTICA, JAMES W.
SHEPARD, VINCENZO ISOLDI, FRANCO ISOLDI and DOE DEFENDANTS 1-10,
Case No. 2:19-cv-00229-PLD (W.D. Pa.), the Plaintiff moves the
Court for an order:
1. approving the sending of notice pursuant to Section 216(b)
of the Fair Labor Standards Act of 1938 to the following
group of potential plaintiffs:
"all current and former Dancers who have worked for
Defendants within the statutory period covered by this
Complaint and elect to opt-in to this action pursuant to the
FLSA";
2. authorizing the dissemination of the notice to the
prospective plaintiffs via U.S. Mail, in current employees'
pay envelopes, as well as electronic mail, and via workplace
posting at all of Defendants' facilities; and
3. instructing the Defendants to produce the names and
addresses of the prospective plaintiffs, in a computer-
readable format.[CC]
The Plainiff is represented by:
Edward W. Ciolko, Esq.
Gary F. Lynch, Esq.
CARLSON LYNCH LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
Facsimile: (412) 231-0246
E-mail: eciolko@carlsonlynch.com
glynch@carlsonlynch.com
CMRE FINANCIAL: Trim Seeks Costs for Practices That Violate FCRA
----------------------------------------------------------------
Martin Trim, individually and on behalf of others similarly
situated v. CMRE FINANCIAL SERVICES, INC., Case No.
3:20-cv-00451-AJB-LL (S.D. Cal., March 10, 2020), is brought for
damages and to enjoin the deceptive business practices of the
Defendant that violate the Fair Credit Reporting Act.
According to the complaint, at no point prior to or after February
19, 2019, did the Plaintiff have an account with the Defendant.
Nonetheless, on February 19, 2019, the Defendant pulled the
Plaintiff's Experian credit report without a permissible purpose.
On May 4, 2018, Plaintiff incurred a financial obligation to a
third party, Rady Children's Hospital San Diego. This financial
obligation arose from medical services Rady provided to the
Plaintiff's dependent.
On September 20, 2018, the Plaintiff filed Chapter Seven
bankruptcy. In December of 2018, the Plaintiff's debts were
discharged pursuant to a court order that was mailed to Plaintiff's
creditors by the bankruptcy court. This included the Plaintiff's
Debt to Rady. Therefore, following December 2018, the Plaintiff no
longer had an account with Rady. Nonetheless, on January 28, 2019,
Rady placed the Debt with the Defendant for collection purposes.
Despite the fact that the Plaintiff's Debt was ordered discharged
in December of 2019, the Defendant submitted an unauthorized "hard"
credit report inquiry to Experian on February 19, 2019. The
Defendant's inquiry on February 19, 2019, was unauthorized and
illegal. At no point did the Plaintiff inquire about the
Defendant's services. Therefore, its inquiry was not promotional,
says the complaint.
The Plaintiff is a natural person who resided in the County of San
Diego, California.
The Defendant is a debt collection company for the healthcare
industry.[BN]
The Plaintiff is represented by:
Yana A. Hart, Esq.
KAZEROUNI LAW GROUP, APC
2221 Camino Del Rio South, Suite 101
San Diego, CA 92108
Phone: (619) 233-7770
Fax: (619) 297-1022
Email: yana@kazlg.com
- and -
Daniel G. Shay, Esq.
LAW OFFICE OF DANIEL G. SHAY
409 Camino Del Rio South, Suite 101B
San Diego, CA 92108
Phone: (619) 222-7429
Fax: (866) 431-3292
Email: danielshay@tcpafdcpa.com
CONCORD EMS: Gill Suit to Recover Unpaid Overtime and Lost Wages
-----------------------------------------------------------------
Shawn Gill, individually and on behalf of all others similarly
situated, Plaintiff, v. Concord EMS, Inc. and Geneva Transport,
Inc., Defendants, Case No. 20-cv-00528, (S.D. Tex., February 14,
2020), seeks to recover unpaid overtime wages, lost wages,
liquidated damages and attorney's fees under the Fair Labor
Standards Act.
Concord and Geneva are service companies that provide medical
transport to individuals around the Houston area where Gill worked
as a Medical Transport Driver. Gill claims to be uniformly paid and
not compensated for the extra time, in excess of forty hours per
work week and his paychecks bounced every now and then. Gill was
also required to clock out at the end of his route, but never
enjoyed any meal or lunch break. [BN]
Plaintiff is represented by:
Alfonso Kennard, Jr., Esq.
Eddie Hodges Jr., Esq.
2603 Augusta Drive, 1450
Houston TX 77057
Main: (713) 742-0900
Fax: (713) 742-0951
Email: Alfonso.Kennard@KennardLaw.com
eddie.hodges@kennardlaw.com
CRAFT BREW: Roberts Files Suit Over Sale to Anheuser-Busch
----------------------------------------------------------
Michael Roberts, individually and on behalf of all others similarly
situated, Plaintiff, v. Craft Brew Alliance, Inc., David R. Lord,
Timothy P. Boyle, Paul D. Davis, Kevin R. Kelly, Marc J. Cramer,
Jacqueline Smith Woodward, Nickolas A. Mills and Matthew E.
Gilbertson, Defendants, Case No. 20-cv-00208 (D. Del., February 12,
2020) seeks to enjoin defendants and all persons acting in concert
with them from proceeding with, consummating or closing the
acquisition of Craft Brew Alliance, Inc. by Anheuser-Busch
Companies, LLC and Barrel Subsidiary, Inc., or rescinding it in the
event defendants consummate the merger; rescissory damages; costs
of this action, including reasonable allowance for plaintiff's
attorneys' and experts' fees; and such other and further relief
under the Securities Exchange Act of 1934.
Pursuant to the terms of the Merger Agreement, Craft Brew Alliance
stockholders will receive $16.50 in cash for each share of common
stock they own.
Roberts claims that the proxy statement filed related to the
proposed sale fails to disclose an accurate description of the
process leading up to the proposed transaction. He also claims that
it failed to disclose all line items used to calculate EBITDA and
Unlevered Free Cash Flow and a reconciliation of all non-GAAP to
GAAP metrics, material information that provides stockholders with
a basis to project the future financial performance of a company
and allows stockholders to better understand the financial analyses
performed by the company's financial advisor in support of its
fairness opinion.
Craft Brew is a brewing company that brews, brands and markets
American craft beers. Michael Roberts owns Craft common stock.
[BN]
Plaintiff is represented by:
Nadeem Faruqi, Esq.
James M. Wilson, Jr., Esq.
FARUQI & FARUQI, LLP
685 Third Ave., 26th Fl.
New Yor006B, NY 10017
Telephone: (212) 983-9330
Email: nfaruqi@faruqilaw.com
jwilson@faruqilaw.com
- and -
Michael Van Gorder, Esq.
FARUQI & FARUQI, LLP
3828 Kennett Pike, Suite 201
Wilmington, DE 19807
Tel: (302) 482-3182
Email: mvangorder@faruqilaw.com
CROWN CASTLE: Griggs Sues Over 8.8% Share Price Drop
----------------------------------------------------
CHRISTOPHER GRIGGS, Individually and on behalf of all others
similarly situated, Plaintiff, v. CROWN CASTLE INTERNATIONAL CORP.,
JAY A. BROWN and DANIEL K. SCHLANGER, Defendants, Case No.
4:20-cv-00843 (S.D. Tex., March 9, 2020) is a class action on
behalf of all investors who purchased or otherwise acquired Crown
Castle International Corp. common stock between February 26, 2018
and February 26, 2020, inclusive, seeking to pursue claims against
the Defendants under the Securities Exchange Act of 1934.
On February 26, 2020, the Company shocked investors, disclosing
that its historical accounting practice for tower installation
services was not acceptable under generally accepted accounting
rules, forcing the Company to restate its financial statements for
the years ended December 31, 2018 and 2017, and unaudited financial
information for the quarterly and year-to-date periods in the year
ended December 31, 2018 and for the first three quarters in the
year ended December 31, 2019.
On this news, CCI's stock price fell $14.29 per share, or 8.8%, on
February 27, 2020.
The complaint further contends that the statements made by the
Defendants were materially false and misleading and had failed to
disclose material adverse facts about the Company's business,
operations, and prospects. The Defendants misled investors by
reporting net income, adjusted EBITDA and adjusted funds from
operations without disclosing that these metrics were artificially
inflated through misapplication of accounting rules.
Crown Castle International Corp. is a Houston, Texas-based real
estate investment trust which owns, operates and leases shared
wireless infrastructure throughout the United States and Puerto
Rico. [BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC
3811 Turtle Creek, Suite 1450
Dallas, TX 75219
Telephone: (214) 744-3000
Facsimile: (214)-744-3015
Email: jkendall@kendalllawgroup.com
– and -
Jeffrey C. Block, Esq.
Jacob A. Walker, Esq.
BLOCK & LEVITON LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
Telephone: (617) 398-5600
Facsimile: (617) 507-6020
Email: jeff@blockesq.com
jake@blockesq.com
DETROIT, MI: Sued Over Late Property Tax Appeal Notices
-------------------------------------------------------
Violet Ikonomova, writing for Deadline Detroit, reports that the
Duggan administration is walking back its initial rebuttal to a
lawsuit that alleges the city didn't give over-taxed homeowners
enough notice to appeal their property assessments in 2017.
On Feb. 13, the city claimed notices went out on time that year,
but now concedes the date they provided media was wrong.
Information obtained by Deadline Detroit suggests the notices went
out weeks after the city claimed.
Filed in federal court on Feb. 13 by the Coalition for Property Tax
Justice, the class action targets the State Tax Commission, Wayne
County and Detroit on behalf of residents who allegedly received
late tax property tax appeal notices. The suit seeks to halt the
foreclosure of properties affected and allow owners to appeal their
assessments and win damages.
The suit comes as debate rages over whether the city should
compensate homeowners over-taxed as a result of years of inflated
assessments. The assessments collectively cost residents at least
$600 million between 2010 and 2016, according to an investigation
by The Detroit News. Of the 63,000 Detroit homes with delinquent
debts last fall, 90 percent were overtaxed by an average $4,000 —
more than the average debt remaining on the homes.
Detroit Mayor Mike Duggan has conceded the assessments were too
high and ordered a citywide reappraisal that was completed in
2017.
Properties are foreclosed when the taxes go unpaid for three years.
Residents each year are given the chance to appeal their
assessments in a several step process, beginning with a February
assessors review.
In a statement to Deadline Detroit on Feb. 13, city assessor Alvin
Horhn said the 2017 notices alerting residents of their right to
appeal were mailed Jan. 24, in "an appropriately timely manner,"
and that the suit was "frivolous" and could "be proven false with a
simple Google search."
In fact, media outlets at the time reported that the city issued
the notices late and would therefore extend the reassessment
deadline by two weeks. A 2017 story by the Free Press, for example,
quotes the city as saying the notices went out Feb. 8.
But the notices appeared to go out even later, according to a
United States Postal Service receipt obtained by the group bringing
the suit and reviewed by Deadline Detroit. The form shows
third-party vendor Renkim Corp. sent out 263,000 pieces of mail on
behalf of the city on Feb. 14.
An email provided to Deadline Detroit shows Horhn asked an account
manager with the company to "please mail all the notices" on Feb.
7. Mailings were to go to about 245,000 addresses.
Duggan spokesman John Roach apologized for providing the inaccurate
information, saying it was done in error. The city, he said,
corrected it on Feb. 13 with the Detroit News, "which was the only
outlet we saw that published the Jan. 24 date." On
Feb. 15, Roach corrected the date with Deadline Detroit after a
reporter inquired.
"If we missed anyone else that published it that was an oversight,"
he said.
As of Feb. 15, the inaccurate statement remained in reports by the
Free Press and Michigan Radio.
"The facts will be borne out in the lawsuit," Roach said when asked
whether the city could confirm the notices indeed went out Feb. 14.
"The city complied with the law, and we will prevail in court,"
Chuck Raimi, deputy corporation counsel for Detroit, added in a
statement. [GN]
DIAMONDBACK ENERGY: Fails to Pay for OT Work, Henley Claims
-----------------------------------------------------------
JAMES HENLEY, individually and on behalf of all others similarly
situated, Plaintiff v. DIAMONDBACK ENERGY, INC. Defendant, Case No.
7:20-cv-00045 (W.D. Tex., Feb. 20, 2020) is an action against the
Defendant's failure to pay the Plaintiff and the class overtime
compensation for hours worked in excess of 40 hours per week.
The Plaintiff Henley was employed by the Defendants as non-exempt
employee.
Diamondback Energy Inc operates as an independent oil and natural
gas company currently focused on the acquisition, development,
exploration, and exploitation of unconventional, onshore oil, and
natural gas reserves in the Permian Basin in West Texas. [BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Lindsay R. Itkin, Esq.
JOSEPHSON DUNLAP, LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
litkin@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
DIVERSIFIED MAINTENANCE: Sorto Seeks Damages for NYLL Violation
---------------------------------------------------------------
Carolina Sorto, on behalf of herself and all other persons
similarly situated v. DIVERSIFIED MAINTENANCE SYSTEMS, LLC, Case
No. 2:20-cv-01302 (E.D.N.Y., March 10, 2020), seeks to recover
statutory damages for violations of the New York Labor Law and the
supporting New York State Department of Labor Regulations.
According to the complaint, the Defendant failed to pay the
Plaintiff "on a weekly basis and not later than seven calendar days
after the end of the week in which the wages are earned." Instead,
the Defendant paid the Plaintiff on a bi-weekly basis, in violation
of the NYLL.
The Defendant also unlawfully failed to pay the Plaintiff
spread-of-hours pay when they worked a day that was longer than 10
hours from its start to its finish including breaks in violation of
NYLL, says the complaint.
The Plaintiff was employed by the Defendant as an hourly-paid,
manual worker from September 2019 until February 26, 2020.
The Defendant provides maintenance and cleaning services to
department stores located throughout the State of New York.[BN]
The Plaintiff is represented by:
Peter A. Romero, Esq.
LAW OFFICE OF PETER A. ROMERO PLLC
825 Veterans Highway, Suite B
Hauppauge, NY 11788
Phone: (631) 257-5588
Email: promero@romerolawny.com
EVENFLO COMPANY: Kids' Booster Seats Not Safe, Anderson Alleges
---------------------------------------------------------------
GRETA ANDERSON, individually and on behalf of all others similarly
situated, Plaintiff v. EVENFLO COMPANY, INC., Defendant, Case No.
0:20-cv-00569 (D. Minn., Feb. 20, 2020) is a class action lawsuit
seeking damages and equitable relief on her own behalf and on
behalf of members of the Class, each of whom purchased one or more
booster seats manufactured and marketed by Evenflo.
Evenflo manufactures and markets several types of infant and child
products and gear. Evenflo manufactures and markets "Big Kid"
Booster Seats, which Evenflo advertises as safe, "side impact
tested," the "BEST BET BOOSTER," and safe for children weighing 30
pounds or more. Evenflo's "Big Kid" Booster Seats are widely
available and sold at brick-and-mortar and online retailers such as
Amazon.com, WalMart, Target, and Buy Buy Baby. Evenflo advertised
on its "Big Kid" Booster Seats that the product was "SIDE IMPACT
TESTED," and claimed on its website that the side impact tests
performed on Evenflo's "Big Kid" Booster seats were "rigorous."
Despite Evenflo's advertising directing that its "Big Kid" Booster
Seat are safe for children thirty pounds or greater, Evenflo's "Big
Kid" Booster Seats are not safe or appropriate for children
weighing less than forty pounds. Because of Evenflo's false and
misleading claims, the Plaintiff and members of the Class paid more
for their Evenflo "Big Kid" Booster Seats than they would have
paid, or chose to purchase an Evenflo "Big Kid" Booster Seat in the
first place, in absence of the false and misleading claims.
Evenflo Company, Inc. manufactures and markets infant and juvenile
products. The Company offers juvenile travel systems, car seats,
strollers, child carriers, saucers, gates, jumpers, monitors, and
oral development items. Evenflo serves customers worldwide. [BN]
The Plaintiff is represented by:
Timothy J. Becker, Esq.
Jennell K. Shannon, Esq.
JOHNSON BECKER PLLC
444 Cedar Street, Suite 1800
St. Paul, MN 55101
Telephone: (612) 436-1804
Facsimile: (612) 436-4801
E-mail: tbecker@johnsonbecker.com
jshannon@johnsonbecker.com
FLAGSHIP S B AMSTERDAM NY: Restaurant Servers Seek Proper Wages
---------------------------------------------------------------
BIKASH GC and PRAKASH GC, on behalf of themselves and others
similarly situated, Plaintiffs, v. FLAGSHIP S B AMSTERDAM NY, LLC,
d/b/a SARAVANAA BHAVAN, FLAGSHIP S B NEW YORK, LLC, d/b/a SARAVANAA
BHAVAN, and MATHAIA RAMAIAH, Defendants, Case No. 1:20-cv-01960
(S.D.N.Y., March 5, 2020) is a class action by Plaintiffs, on
behalf of all service employees employed by the Defendants,
alleging that the Defendants fail to pay minimum wage and overtime
compensation as well as engage in illegal retention of tips.
The Plaintiffs were employed by the Defendants as servers until
September 2019.
Flagship S B Amsterdam NY, LLC is a New York limited liability
company that owns/operates the Upper West Side location of
Saravanaa Bhavaan Restaurant.
Flagship S B New York, LLC is a New York limited liability company
that owns/operates the Midtown East location of Saravanaa Bhavaan
Restaurant. [BN]
The Plaintiffs are represented by:
D. Maimon Kirschenbaum, Esq.
Josef Nussbaum, Esq.
JOSEPH & KIRSCHENBAUM LLP
32 Broadway, Suite 601
New York, NY 10004
Telephone: (212) 688-5640
Facsimile: (212) 688-2548
FLEX HEALTHCARE: Faces McDonald Suit Over Unpaid Overtime
---------------------------------------------------------
NATALIE MCDONALD, individually, and on behalf of others similarly
situated, Plaintiffs, v. FLEX HEALTHCARE, LLC, KYLE SURRATT, and
ANGELA JENKINS, Defendants, Case No. 1:20-cv-01141-JPB (N.D. Ga.,
March 12, 2020) is a collective action against the Defendants for
unpaid overtime wages brought by Plaintiff and on behalf of others
similarly situated pursuant to the Fair Labor Standards Act.
The Plaintiff was employed by the Defendants as a Professional
Services Coordinator, Compliance Coordinator, and Compliance
Specialist. She worked in clerical and compliance related positions
for Defendants at one or more of their locations in Macon and
Atlanta, in Georgia.
FLEX Healthcare, LLC is a nurse and health caregiver staffing
agency that staffs at hospitals and healthcare providers throughout
Georgia and across state lines. [BN]
The Plaintiff is represented by:
M. Travis Foust, Esq.
PARKS, CHESIN & WALBERT, P.C.
75 14th Street, 26th Floor
Atlanta, GA 30309
Telephone: (404) 873-800
Facsimile: (404) 873-8000
Email: tfoust@pcwlawfirm.com
FUNDKITE INC: Fabricant Sues Over Illegal Telemarketing Calls
-------------------------------------------------------------
Terry Fabricant, individually and on behalf of all others similarly
situated, Plaintiffs, v. Fundkite, Inc. and Does 1 through 10,
Defendant, Case No. 20-cv-01495 (C.D. Cal., February 14, 2020),
seeks injunctive relief, statutory damages, treble damages and all
other relief for violation of the Telephone Consumer Protection
Act.
Fabricant claims to have received auto-dialed telemarketing calls
from Fundkite on his phone. Fabricant is registered in the National
Do-Not-Call registry. [BN]
Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Phone: (323) 306-4234
Fax: (866) 633-0228
Email: tfriedman@toddflaw.com
abacon@toddflaw.com
GACO WESTERN: Bid to Deny Class Certification Granted by Court
--------------------------------------------------------------
In the class action lawsuit styled as ROBERT SCOTT FEAMSTER v. GACO
WESTERN, LLC, Case No. 18-cv-01327-HSG (N.D. Cal.), the Hon. Judge
Haywood S. Gilliam, Jr. entered an order granting Defendant's
motion to deny certification of a class consisting of:
"all individuals who have Gaco Western foam installed in their
California residence, business, or other structure, where such
foam is of the same formulation and/or from the same batch as
the Gaco Western foam installed in Plaintiff' home."
The Court said, "Because Plaintiff cannot establish numerosity or
adequacy of representation, and either failure provides sufficient
basis to deny class certification, the Court grants Defendants'
motion."
The Court sets a further case management conference for March 31,
2020 at 2:00 p.m. The parties are directed to meet and confer in an
attempt to submit a joint statement by March 24, 2020 detailing a
proposed case schedule for the remainder of the case. This should
minimally include deadlines for dispositive motions, pretrial
conference, and trial, and should conform to the Court's standing
orders. If the parties cannot agree on a joint statement, they may
submit separate statements by March 24, 2020.
Mr. Feamster, proceeding pro se, filed this putative class action
on February 28, 2018, alleging violations of California's Unfair
Competition Law, Consumers Legal Remedies Act, and seven common law
claims, including breach of express warranty, negligence, strict
product liability, and fraudulent misrepresentation. He alleges
that he purchased Gaco Western's spray foam product to provide
insulation to his home. After Plaintiff's general contractor
applied the product, the Foam "had begun to shrink and had not
bonded in the Feamster's home."
Gaco manufactures and markets roofing, waterproofing, and
insulation products for commercial and residential projects.[CC]
GILAT SATELLITE: Sustendal Challenges Proposed Sale to Comtech
--------------------------------------------------------------
George Sustendal, on behalf of himself and all others similarly
situated v. GILAT SATELLITE NETWORKS LTD., DOV BAHARAV, ELYEZER
SHKEDY, DAFNA COHEN, MEIR SHAMIR, DAFNA SHARIR, AMIR OFEK, ISHAY
DAVIDI, AYLON RAFAELI, AMIRAM BOEHM, COMTECH TELECOMMUNICATIONS
CORP., and CONVOY LTD., Case No. 1:20-cv-02153 (S.D. N.Y., March
10, 2020), arises from the Defendants' proposed sale of the Company
to Comtech Telecommunications Corp. as a result of an unfair
process for an unfair price.
The lawsuit is brought on behalf of all other public stockholders
of Gilat against it and its Board of Directors, for violations of
the Securities and Exchange Act of 1934, and for breaches of
fiduciary duty, and aiding and abetting thereof, tied to the
Individual Defendants' efforts to sell the Company to Comtech
Telecommunications Corp. through its wholly-owned subsidiary Convoy
Ltd. ("Merger Sub," and with Comtech Telecommunications Corp.,
"Comtech").
The Plaintiff challenges and seeks to enjoin an upcoming
stockholder vote on a proposed transaction by which Comtech will
acquire each issued and outstanding share of Gilat for inadequate
and insufficient consideration (the "Proposed Transaction" or
"Merger"). Pursuant to the terms of the definitive Agreement and
Plan of Merger entered into by and among Gilat and Comtech on
January 29, 2020, Comtech will acquire all of the outstanding
shares of Gilat common stock, in compensation for which, Gilat
stockholders will be entitled to receive only $7.18 per share and
0.08425 of a share of Comtech stock for every Gilat share they own.
On March 2, 2020, Comtech filed a Registration Statement on form
S-4 with the SEC in support of the Proposed Transaction.
The Plaintiff alleges that the dubious nature of the Proposed
Transaction is laid bare considering the sharp drop in price of
Comtech common stock that has resulted since the announcement of
the deal. Here, a portion of the Merger Consideration includes
Comtech common stock exchanged at a fixed exchange ratio of 0.08425
which means that Gilat stockholders will receive 0.08425 shares of
Comtech common stock as a portion of the Merger Consideration in
exchange for each of their Gilat shares, regardless of Comtech's
stock price at the close of the transaction. Thus, the Plaintiff
notes, the consideration payable to Gilat's stockholders is not
insulated from fluctuations in Comtech's stock price, and
stockholders are left in the precarious position of not knowing
whether the consideration payable to them will decline further.
According to the complaint, the failure of the Board to negotiate a
collar to establish parameters to minimize the impact of stock
price fluctuations on the value of the consideration payable to
shareholders has proved extremely prejudicial to Gilat
stockholders.
On January 28, 2020, the last trading day before the deal was
announced, Comtech closed at $37.10 per share. Since that time,
Comtech has dropped sharply and closed on March 6, 2020 at $23.39
per share. So, rather than the approximate $10.31 lauded to Gilat
stockholders at the announcement of the deal, the Comtech stock
drop has resulted in a merger consideration of approximately $9.15
per share.
Absent judicial intervention, the Merger will be consummated,
resulting in irreparable injury to the Plaintiff and the Class,
says the complaint. Accordingly, this action seeks to enjoin the
Proposed Transaction and compel the Individual Defendants to
properly exercise their fiduciary duties to Gilat's stockholders,
and to recover damages resulting from violations of federal
securities laws by the Defendants. The Plaintiff alleges that he,
along with all other public stockholders of Gilat common stock, are
entitled to enjoin the Proposed Transaction or, alternatively, to
recover damages in the event that the Proposed Transaction is
consummated.
Gilat, together with its subsidiaries, provides satellite-based
broadband communication solutions and services in Israel, Latin
America, Asia, the Asia Pacific, North America, Africa, Europe, and
CIS countries.[BN]
The Plaintiff is represented by:
Evan J. Smith, Esq.
BRODSKY & SMITH, LLC
240 Mineola Boulevard, First Floor
Mineola, NY 11501
Phone: 516.741.4977
Facsimile: 516.741.0626
Email: esmith@brodskysmith.com
GO WORKOUT: Ordered to Pay Penalty, Damages for MCPA Violations
---------------------------------------------------------------
B. Thompson reports that Go Workout Frandor LLC and its owner,
Steven Millenbach, were ordered to pay a civil penalty and damages
totaling $123,020 after the business violated the Michigan Consumer
Protection Act (MCPA) through deceptive practices.
The Hon. James Jamo issued the default judgment in Ingham County
Circuit Court.
Go Workout Frandor and Millenbach will pay $98,020 to the Attorney
General's office for disbursement to affected consumers. In
addition, Jamo imposed a civil fine of $25,000 for violating the
MCPA. But consumers are cautioned that more work remains before
reimbursements will be possible.
After multiple complaints from customers, Michigan Attorney General
Dana Nessel's office issued a notice of intended action in February
2019 against Go Workout Frandor and Millenbach, followed by a
class-action lawsuit in April. Millenbach then filed for bankruptcy
in July. While Millenbach hopes to discharge the money owed to
consumers in the bankruptcy proceeding, the Attorney General will
next be using Jamo's order as part of a petition to the bankruptcy
court to prevent that from happening.
"Mr. Millenbach owes his customers more than simply an apology, and
his attempt to sidestep that obligation by filing for bankruptcy is
wrong," Nessel said. "If business owners think they can mislead and
dupe their clients, then avoid accountability by claiming
bankruptcy, they are sorely mistaken. These consumers deserve
financial reimbursement for the deceptive business practices used
at Go Workout Frandor, and my office is taking the appropriate
steps in court to ensure these people receive the money they are
entitled to."
In his order, Jamo found the Lansing-based, women-only gym to have
violated the MCPA by misleading customers through false advertising
and deceptive claims about goods and services, and failing to
provide clients with refunds, among other things.
When the lawsuit was filed in April, more than 40 consumer
complaints had been received since 2018, many of which raised
similar concerns about the business that included:
* Failing to provide promised refunds;
* Advertising no-contract memberships but selling 12-month
contracts;
* Selling memberships after the owner knew the gym would not
continue offering services at the same location, and failing
to inform customers the gym was closing or relocating; and
* Offering inadequate alternatives to customers --
specifically, a hotel facility without comparable space,
equipment or amenities, or requiring customers to go to
distant alternative locations that did not offer the same
benefits.
The gym solicited memberships even as eviction proceedings were
underway in August 2018. The facility then relocated from the
Frandor Shopping Center to a substantially smaller room in a nearby
hotel, where customers were expected to share limited equipment and
a pool with male and female hotel guests. Millenbach and Go Workout
failed to make refunds to customers who paid sign-up fees and
advanced membership fees with the expectation they would have
access to the now-closed Frandor gym.
Consumers can file a complaint online with the Attorney General's
office, or call the Consumer Protection Division between 8:30 a.m.
and 4:30 p.m. Monday through Friday at 517-335-7599 or toll free at
877-765-8388.
For more information on filing complaints, view the Consumer
Complaint form online. [GN]
ILLINOIS AVENUE: Cronin Suit to Recover Unpaid Overtime Wages
-------------------------------------------------------------
Brian Cronin, on his own behalf, and on behalf of all similarly
situated individuals, Plaintiff, v. Illinois Avenue Partners, LLC,
d/b/a Oakhurst Signs, and Baltic Avenue Partners LLC,, Defendant,
Case No. 20-cv-00356, (M.D. Fla., February 13, 2020), seeks to
recover unpaid overtime compensation and other relief under the
Fair Labor Standards Act.
Defendants operate as "Oakhurst Signs" where Cronin worked as an
installer from December, 2016 until December, 2019, installing
signage at apartment and condominium complexes. He claims to have
worked more than 40 hours per week without receiving overtime
compensation. [BN]
Plaintiff is represented by:
Marc R. Edelman, Esq.
George G. Triantis, Esq.
MORGAN & MORGAN, P.A.
201 N. Franklin Street, #600
Tampa, FL 33602
Telephone: (813) 223-5505
Fax: (813) 257-0572
Email: Medelman@forthepeople.com
GTriantis@forthepeople.com
INOVIO PHARMA: McDermid Sues Over False COVID-19 Vaccine Claims
---------------------------------------------------------------
PATRICK MCDERMID, individually and on behalf of all others
similarly situated, Plaintiff, v. INOVIO PHARMACEUTICALS, INC., and
J. JOSEPH KIM, Defendants, Case No. 2:20-cv-01402-GJP (E.D. Pa.,
March 12, 2020) is a class action for violations of the federal
securities laws brought on behalf of all persons who purchased or
otherwise acquired Inovio common stock between February 14, 2020
and March 9, 2020, inclusive.
Plaintiff alleges that Inovio and its Chief Executive Officer, J.
Joseph Kim, made false and misleading statements in violation of
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934.
According to the complaint, Defendants capitalized on widespread
COVID-19 fears by falsely claiming that Invovio had developed a
vaccine for COVID-19. First, on February 14, 2020, Inovio CEO Kim
appeared on Fox Business News with Neal Cavuto and stated that
Inovio had developed a COVID-19 vaccine in a matter of about three
hours with phase one of human testing to start in the U.S. early
summer. In response, Inovio's stock price rose more than 10% over
the next few trading days, on enormous trading volume.
Two weeks later, following a well-publicized March 2, 2020 meeting
with President Trump to discuss the COVID-19 outbreak, Defendant
Kim again claimed that Inovio had developed a COVID-19 vaccine. The
market responded favorably to Kim's statement and Inovio’s stock
price more than quadrupled from $4.28 per share on February 28,
2020.
However, in truth, Inovio had not developed a COVID-19 vaccine. On
March 9, 2020, before trading commenced, Citron Research exposed
Defendants' misstatements, calling for SEC investigation into the
Company's claim that they designed a vaccine in three hours. In
response to the news, Inovio's stock price plummeted from its March
9 opening price of $18.72 per share to close at $9.83. The
following day, March 10, 2020, Inovio's stock price fell from its
$9.30 per share opening price to close at $5.70 per share. The
two-day drop wiped out approximately $643 million in market
capitalization for the Company, marking a 71% decline from its
Class Period high.
Inovio Pharmaceuticals, Inc. is a Pennsylvania-based biotechnology
company focuses on the discovery, development, and
commercialization of DNA-based immunotherapies and vaccines to
prevent and treat cancers and infectious diseases. [BN]
The Plaintiff is represented by:
Shanon J. Carson, Esq.
Michael C. Dell'Angelo, Esq.
Andrew D. Abramowitz, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3000
Facsimile: (215) 875-4604
Email: scarson@bm.net
mdellangelo@bm.net
aabramowtiz@bm.net
– and -
Jeffrey C. Block, Esq.
Jacob A. Walker, Esq.
Mark A. Delaney, Esq.
BLOCK & LEVITON LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
Telephone: (617) 398-5600
Facsimile: (617) 507-6020
Email: jeff@blockesq.com
jake@blockesq.com
mdelaney@blockesq.com
JEFFRY KNIGHT: Fails to Pay OT for Technicians, Green Claims
------------------------------------------------------------
STARR GREEN, individually, and on behalf of all others similarly
situated, Plaintiff, v. JEFFRY KNIGHT, INC. d/b/a KNIGHT
ENTERPRISES, Defendant, Case No. 8:20-cv-00538 (M.D. Fla., March 6,
2020) is an action against the Defendant for failure to pay
Plaintiff overtime compensation and a premium for all hours worked
over 40 in each workweek, resulting in a loss of substantial wages
otherwise payable to her and to all others similarly situated
pursuant to Fair Labor Standards Act.
Plaintiff Green was employed by the Defendant as a Cable Installer
or Cable Technician.
Jeffrey Knight, Inc. is a Florida-based telecommunications company
that contracts with other companies to install, repair, or
construct the facilities for high-speed internet, cable television,
and telephone service for consumers. [BN]
The Plaintiff is represented by:
Mitchell L. Feldman, Esq.
FELDMAN LEGAL GROUP
6940 W. Linebaugh Ave, Suite #101
Tampa, FLI 33625
Telephone: 813-639-9366
Facsimile: 813-639-9376
Email: mlf@feldmanlegal.us
Secondary: lschindler@feldmanlegal.us
KAUFF'S INC: Conchado et al. Seek to Certifying Collective Action
-----------------------------------------------------------------
In the class action lawsuit styled as YOSBREY CONCHADO, DAVID
DEVITO, ANTONIO STURGIS, and AHMAD JONES, on behalf of themselves
and all others similarly situated v. KAUFF'S, INC., a foreign
corporation, d/b/a Kauff's Transportation, Kauff's Transportation
Systems, and Kauff's Towing and Transportation, GUARDIAN FLEET
SERVICES, INC., a Florida corporation, d/b/a Kauff's
Transportation, Kauff's Transportation Systems, and Kauff's Towing
and Transportation, and FRANCIS GEOFFREY RUSSELL a/k/a GEOFFREY
RUSSELL, a/k/a GEOFF RUSSELL, individually, Case No.
9:20-cv-80344-DMM (S.D. Fla), the Plaintiffs ask the Court for an
order conditionally certifying the case as a collective action and
facilitating notice to similarly situated employees.
The Plaintiffs propose a collective action on behalf of:
"all Current and Former Tow Truck Drivers throughout the State
of Florida, and Not Properly Paid Overtime Premiums for Hours
Worked in Excess of 40 and Employed for Any Length of Time
since February 2017 (Three Years Prior to the Filing of the
Instant Lawsuit)."
The complaint alleges that Defendants failed to properly pay
overtime premiums Plaintiffs and those current and former
employees, in violation of the Fair Labor Standards Act.
Kauff's was founded in 1997. The company's line of business
includes furnishing automotive services.[CC]
Attorneys for the Plaintiffs are:
Daniel R. Levine, Esq.
PADULA BENNARDO LEVINE LLP
3837 NW Boca Raton Blvd.
Boca Raton, FL 33431
Telephone: (561) 544-8900
Facsimile: (561) 544-8999
E-mail: drl@pbl-law.com
KEMPER CORPORATE: Olivares Seeks Proper Wages for Restaurant Staff
------------------------------------------------------------------
THOMAS OLIVARES, individually and on behalf of others similarly
situated, Plaintiff, -against- KEMPER CORPORATE SERVICES, INC.,
"ABC CORPORATION" d/b/a VILLAGE CLUB OF SANDS POINT, name of the
corporation being fictitious and unknown to Plaintiffs, and BEN
BARRAGAN, as an individual, Defendants, Case No. 2:20-cv-01339
(E.D.N.Y., March 12, 2020) contends that the Defendants fail to pay
Plaintiff and similarly situated the legally prescribed minimum and
overtime wages pursuant to the New York State labor laws and the
Fair Labor Standard Act.
Olivares was employed by the Defendants as a restaurant worker and
server from in or around March 2014 until in or around September
2018.
Kemper Corporate Services, Inc. is a Chicago, Illinois-based
insurance agency. [BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
Helen F. Dalton & Associates, P.C.
80-02 Kew Gardens Road, Suite 301
Kew Gardens, NY 11415
Telephone: 718-263-9591
LA OFICINA: Espinoza et al. Seek Proper Wages for Restaurant Staff
------------------------------------------------------------------
CARLOS ESPINOZA, ALBERTO LIRA FLORES, and SAMANTHA LIRA,
individually and in behalf of all others similarly situated,
Plaintiffs, -against– LA OFICINA BAR CORP d/b/a PUERTO DE MANTA,
SAN CECILIO RESTAURANT INC d/b/a CAPYBARA BAR & RESTAURANT, EDGAR
ALVAREZ, and RODRIGO GONZALEZ, jointly and severally, Defendants,
Case No. 1:20-cv-01237 (E.D.N.Y., March 6, 2020) alleges that
Defendants fail to pay Plaintiffs and similarly situated applicable
minimum wage, overtime and spread-of-hours compensation as well as
fail to provide with a notice and acknowledgment at the time of
hiring and a statement with each payment of wages.
The complaint further asserts the failure of the Defendants to post
or keep posted notices explaining the minimum wage rights of
employees under the Fair Labor Standards Act and the New York Labor
Law and to maintain accurate and sufficient records while the
Defendants employed the Plaintiffs and similarly situated
individuals.
Espinoza and Flores were employed by the Defendants as cooks while
Lira was employed as a server and bartender.
La Oficina Bar Corp. is a full service restaurant d/b/a/ Puerto De
Manta with principal location in Queens County, New York.
San Cecilio Restaurant Inc. is a full service restaurant d/b/a/
Capybara Bar and Restaurant with principal location in Queens
County, New York. [BN]
The Plaintiffs are represented by:
John M. Gurrieri, Esq.
Justin A. Zeller, Esq.
LAW OFFICE OF JUSTIN A. ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007
Telephone: (212) 229-2249
Facsimile: (212) 229-2246
Email: jmgurrieri@zellerlegal.com
jazeller@zellerlegal.com
LABRADA NUTRITION: Woodard Suit Seeks to Certify Classes
--------------------------------------------------------
In the class action lawsuit styled as VEDA WOODARD, TERESA
RIZZO-MARINO, and DIANE MORRISON, on behalf of themselves, all
others similarly situated, and the general public v. LEE LABRADA;
LABRADA BODYBUILDING NUTRITION, INC. LABRADA NUTRITIONAL SYSTEMS,
INC.; DR. MEHMET C. OZ, M.D.; ENTERTAINMENT MEDIA VENTURES, INC.
d/b/a OZ MEDIA; ZOCO PRODUCTIONS, LLC; HARPO PRODUCTIONS, INC; SONY
PICTURES TELEVISION, INC; NATUREX, INC.; and INTERHEALTH
NUTRACEUTICALS, INC., Case No. 5:16-cv-00189-JGB-SP (C.D. Cal.),
the Plaintiffs will move the Court on March 30, 2020, for an
order:
1. certifying these classes:
Nationwide Green Coffee Bean Extract Class
"all persons in the United States who purchased the Labrada
Green Coffee Bean Extract Product for personal and household
use and not for resale from February 2, 2012 until the date
notice is disseminated";
California Green Coffee Bean Extract Class:
"all persons in California who purchased the Labrada Green
Coffee Bean Extract Product for personal and household use
and not for resale from February 2, 2012 until the date
notice is disseminated";
New York Green Coffee Bean Extract Class:
"all persons in New York who purchased the Labrada Green
Coffee Bean Extract Product for personal and household use
and not for resale from February 2, 2012 until the date
notice is disseminated";
Nationwide Garcinia Cambogia Class:
"all persons in the United States who purchased the Labrada
Garcinia Cambogia Product for personal and household use and
not for resale from February 2, 2012 until the date notice
is disseminated";
California Garcinia Cambogia Class”
"all persons in California who purchased the Labrada
Garcinia Cambogia Product for personal and household use and
not for resale from February 2, 2012 until the date notice
is disseminated"; and
New York Garcinia Cambogia Class:
"all persons in New York who purchased the Labrada Garcinia
Cambogia Product for personal and household use and not for
resale from February 2, 2012 until the date notice is
disseminated"'
2. appointing themselves as class representatives for the
Classes and the Law Offices of Ronald A. Marron, APLC and
the law firm of Cohelan, Khoury & Singer as Class Counsel;
and
3. approving notice to the Classes in accordance with Federal
Rule of Civil Procedure 23 23(c)(2)(B).
Excluded from each of the Classes defined above are
governmental entities, Defendants, any entity in which
Defendants have a controlling interest, Defendants'
employees, officers, directors, legal representatives,
heirs, successors and wholly or partly owned subsidiaries or
affiliated companies, including all parent companies, and
their employees, and the judicial officers, their immediate
family members and court staff assigned to this case.
Labrada Nutrition offers protein shakes, meal-replacement powders,
and energy bars.[CC]
Counsel for the Plaintiffs and the Proposed Classes are:
Ronald A. Marron, Esq.
Michael T. Houchin, Esq.
LAW OFFICES OF RONALD A. MARRON
651 Arroyo Drive
San Diego, CA 92103
Telephone: (619) 696-9006
Facsimile: (619) 564-6665
E-mail: ron@consumersadvocates.com
mike@consumersadvocates.com
- and -
Timothy D. Cohelan, Esq.
Isam C. Khoury, Esq.
Michael D. Singer, Esq.
J. Jason Hill, Esq.
COHELAN KHOURY & SINGER
605 C Street, Suite 200
San Diego, CA 92101
Telephone: (619) 239-8148
Facsimile: (619) 595-3000
E-mail: TCohelan@CKSLaw.com
IKhoury@CKSLaw.com
msinger@ckslaw.com
JHill@CKSLaw.com
LANDS' END: Delta Air Uniforms Cause Skin Rash, Davis Claims
------------------------------------------------------------
The case, SORDEN DAVIS, Individually and on Behalf of All Others
Similarly Situated, Plaintiff, v. LANDS' END, INC. and LANDS’ END
BUSINESS OUTFITTERS, INC., Defendants, Case No. 3:20-cv-00195 (W.D.
Wis., March 4, 2020) is a class action brought by Plaintiff on
behalf of a class consisting of all persons, exclusive of
Defendants and its employees, who wore a uniform manufactured by
Lands' End in connection with any employment at Delta Air Lines,
and suffered adverse health effects, including skin irritation,
skin rash, and hair loss.
Davis is a Georgia resident who wore apparel manufactured by the
Defendant for use in his employment as a Delta gate agent, and
suffered adverse health consequences as a result. Almost
immediately after he began wearing the Lands' End uniform,
Plaintiff began to experience significant adverse health effects,
including skin irritation, skin rash, and hair loss. In
particular, Plaintiff developed a red skin rash on his arms, legs,
back and torso, and began to notice unusual hair loss when in the
shower and when combing his hair.
Plaintiff sought medical treatment beginning around January 7,
2020. After undergoing several tests, it was determined that
Plaintiff's skin rash and hair loss were a reaction to the Delta
uniform he had been wearing that was manufactured by the
Defendant.
Lands' End, Inc. is an American clothing and home decor retailer
founded in 1963 and based in Dodgeville, Wisconsin, that
specializes in casual clothing, luggage, and home furnishings.
Land's End Business Outfitters, Inc. is a Wisconsin-based company
whose line of business includes the retail sale of specialized
lines of apparel and accessories. [BN]
The Plaintiff is represented by:
Guri Ademi, Esq.
Shpetim Ademi, Esq.
Jesse Fruchter, Esq.
Ben J. Slatky, Esq.
3620 East Layton Avenue
Cudahy, WI 53110
Telephone: (414) 482-8000
Facsimile: (414) 482-8001
Email: gademi@ademilaw.com
sademi@ademilaw.com
jfruchter@ademilaw.com
bslatky@ademilaw.com
LOANPAL LLC: Fabricant Sues Over Illegal Telemarketing Calls
------------------------------------------------------------
Terry Fabricant, individually and on behalf of all others similarly
situated, Plaintiffs, v. Loanpal, LLC, Defendant, Case No.
20-cv-01568 (C.D. Cal., February 18, 2020), seeks injunctive
relief, statutory damages, treble damages and all other relief
under the Telephone Consumer Protection Act.
Loanpal, LLC is a lending company that offers loans for home
purchase, mortgage refinancing, home improvement, and solar
installation. Fabricant claims to have received auto-dialed
telemarketing calls from Loanpal on his phone. Fabricant is
registered in the National Do-Not-Call registry. [BN]
Plaintiff is represented by:
Aaron D. Aftergood, Esq.
THE AFTERGOOD LAW FIRM
1880 Century Park East, Suite 200
Los Angeles, CA 90067
Telephone: (310) 551-5221
Facsimile: (310) 496-2840
Email: aaron@aftergoodesq.com
- and -
Patrick H. Peluso, Esq.
WOODROW & PELUSO, LLC
3900 East Mexico Ave., Suite 300
Denver, CO 80210
Telephone: (720) 213-0675
Facsimile: (303) 927-0809
Email: ppeluso@woodrowpeluso.com
LOOMIS ARMORED: Underpays Drivers, Dang Suit Alleges
----------------------------------------------------
BRYAN DANG, individually and on behalf of all others similarly
situated, Plaintiff v. LOOMIS ARMORED US, LLC; and DOES 1 through
20, Defendants, Case No. 37-2020-00009557-CU-OE-CTL (Cal. Super.,
San Diego Cty., Feb. 20, 2020) seeks to recover from the Defendants
unpaid wages and overtime compensation, interest, liquidated
damages, attorneys' fees, and costs under the Fair Labor Standards
Act.
The Plaintiff Dang was employed by the Defendants as driver.
Loomis Armored US, LLC is engaged in the business of providing
detective, guard, and armored car services. [BN]
The Plaintiff is represented by:
Eugene Iredale, Esq.
Julia Yoo, Esq.
IREDALE AND YOO APC
105 WF St, Fl 4
San Diego, CA 92101-6087
Telephone: (619) 233-1525
Facsimile: (619) 233-3221
E-mail: egiredale@iredalelaw.com
jyoo@iredalelaw.com
- and -
Ian Pancer, Esq.
THE LAW OFFICE OF IAN PANCER
105 West F Street, 4th Floor
San Diego, CA 92101
Telephone: (619) 955-6644
Facsimile: (619) 374-7410
E-mail: ian@sandiegolegal.net
LOWE'S COMPANIES: Underpays Hourly Managers, Martinez & Lomax Say
-----------------------------------------------------------------
CHRISTOPHER MARTINEZ and PETER LOMAX, individually and on behalf of
all other similarly situated individuals, Plaintiffs, v. LOWE'S
COMPANIES, INC. and LOWE'S HOME CENTERS, LLC, Defendants, Case No.
1:20-cv-00234 (D.N.M., March 13, 2020) alleges that the Defendants
fail to pay their Hourly Managers for all hours worked and instead,
requiring their Hourly Managers to perform compensable work tasks
before and after their scheduled shifts and during their unpaid
meal periods when they are not clocked into Defendants' Kronos
Timekeeping System.
According to the complaint, the Defendants maintain and have
maintained a policy and practice of failing to pay Plaintiffs and
Hourly Managers for time spent reading and responding to work
related smartphone communications during non-work hours, including
during unpaid meal periods, or for being required to report early
for work to perform a perimeter check of the premises by slowly
driving their vehicles around the outer perimeter of the retail
store to ensure that nothing out of the ordinary has occurred
overnight. The policies set by the Defendants result in Hourly
Managers not being paid for all time worked, including overtime.
The Defendants employed Plaintiffs as Hourly Managers in the state
of New Mexico. In that position, Plaintiffs were compensated
pursuant to an hourly wage and typically worked a rotating schedule
consisting of five to six days and up to 40 or more hours each
week, resulting in overtime hours on a weekly basis.
Lowe's Companies, Inc. is an American retail company specializing
in home improvement headquartered in Mooresville, North Carolina.
Lowe's Home Centers, LLC is an American retailer of home
improvement, building materials, and home appliances headquartered
in North Carolina. [BN]
The Plaintiffs are represented by:
Christopher M. Moody, Esq.
Repps D. Stanford, Esq.
MOODY & STANFORD, P.C.
4169 Montgomery Blvd. NE
Albuquerque, NM 87109
Telephone: (505) 944-0033
Email: moody@nmlaborlaw.com
stanford@nmlaborlaw.com
– and –
Kevin J. Stoops, Esq.
Elaina S. Bailey, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
Email: kstoops@sommerspc.com
ebailey@sommerspc.com
LOWE'S COMPANIES: Underpays Managers, Hyde and Hursey Claim
-----------------------------------------------------------
JASON HYDE and ANTOINE HURSEY, individually and on behalf of all
other similarly situated individuals, Plaintiffs, v. LOWE'S
COMPANIES, INC. and LOWE'S HOME CENTERS, LLC, Defendants, Case No.
1:20-cv-00678-DLB (D. Md., March 13, 2020) is a class action
against the Defendants for failure to pay their Hourly Managers for
all hours worked and instead, requiring their Hourly Managers to
perform compensable work tasks before and after their scheduled
shifts and during their unpaid meal periods when they are not
clocked into Defendants' Kronos Timekeeping System.
According to the complaint, the Defendants maintain and have
maintained a policy and practice of failing to pay Plaintiffs and
Hourly Managers for time spent reading and responding to work
related smartphone communications during non-work hours, including
during unpaid meal periods, or for being required to report early
for work to perform a perimeter check of the premises by slowly
driving their vehicles around the outer perimeter of the retail
store to ensure that nothing out of the ordinary has occurred
overnight. These policies result in Hourly Managers not being paid
for all time worked, including overtime.
The Defendants employed Plaintiffs as Hourly Managers in the state
of Maryland. In that position, Plaintiffs were compensated pursuant
to an hourly wage and typically worked a rotating schedule
consisting of five to six days and up to 40 or more hours each
week, resulting in overtime hours on a weekly basis.
Lowe's Companies, Inc. is an American retail company specializing
in home improvement headquartered in Mooresville, North Carolina.
Lowe's Home Centers, LLC is an American retailer of home
improvement, building materials, and home appliances headquartered
in North Carolina. [BN]
The Plaintiffs are represented by:
Jason J. Thompson, Esq.
Kevin J. Stoops, Esq.
Elaina S. Bailey, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
Email: jthompson@sommerspc.com
kstoops@sommerspc.com
ebailey@sommerspc.com
LOWE'S HOME: Alminiana Suit Seeks to Certify FLSA Collective
------------------------------------------------------------
In the case styled as, SCOTT ALMINIANA, REBECCA MCPHEE, STACEY
PFLUG, KATIE SHOOK and IRIS TIRADO, individually and on behalf of
all other similarly situated individuals v LOWE'S HOME CENTERS,
LLC, Case No. 5:20-CV-00010-KDB-DSC (W.D.N.C.), the Plaintiffs ask
the Court for an order:
1. conditionally certifying collective Fair Labor Standards
Act (FLSA) classes;
2. implementing a procedure whereby Court-approved Notice of
Plaintiffs' FLSA claims is sent (via U.S. Mail, e-mail and
text message) to:
"all current and former non-exempt employees who worked in
Lowe's Home Centers, LLC's retail stores, distribution
centers, or customer and contact support centers and who
received a bonus payment on February 16, 2018 and worked
overtime during at least one workweek preceding the bonus
payment";
and
"all current and former non-exempt employees who worked in
Defendant's retail stores, distribution centers, or customer
and contact support centers and who worked Give Back Time
during at least one workweek from January 30, 2017 through
the date of judgment and worked more than 40 hours
(including Give Back Time) during said workweek"; and
3. requiring Defendant to identify all putative collective
action members by providing a list of their names, last
known addresses, dates and location of employment, phone
numbers, and email addresses in electronic and importable
format within 14 days of the entry of the order.
Lowe's Home retails home improvement, building materials, and home
appliances. The company markets lumber, garden tools and supplies,
home electrical devices, electrical components, ceilings, wall
panels, hardwood flooring, fasteners, fireplaces, and
humidifiers.[CC]
Attorneys for the Plaintiffs and the Putative Class/Collective
Action Members are:
Rod M. Johnston, Esq.
Kevin J. Stoops, Esq.
Jason J. Thompson, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17 th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: kstoops@sommerspc.com
jthompson@sommerspc.com
rjohnston@sommerspc.com
- and -
James J. Mills, Esq.
BURNS, DAY & PRESNELL, P.A.
2626 Glenwood Avenue, Suite 560
Raleigh, NC 27608
Telephone: (919) 782-1441
E-mail: jmills@bdppa.com
LUCKIN COFFEE: Cohen Hits Share Prize Drop
------------------------------------------
Martin Cohen, on behalf of himself and all others similarly
situated, Plaintiff, v. Luckin Coffee Inc., Jenny Zhiya Qian and
Reinout Hendrik Schakel, Defendants, Case No. 20-cv-01293 (S.D.
N.Y., February 13, 2020), seeks to recover compensable damages
caused by violations of the federal securities laws and to pursue
remedies under the Securities Exchange Act of 1934.
Luckin engages in the retail sale of freshly brewed drinks and
pre-made food, light meals and beverage items in China. Luckin
securities trade on the NASDAQ under the ticker symbol "LK."
Cohen, a holder of Luckin American Depository Shares (ADS), claims
that Luckin failed to disclose that its financial performance
metrics, including per-store per-day sales, net selling price per
item, advertising expenses and revenue contribution were inflated.
On this news, Luckin's ADS price fell $3.91 per share, or 10.74%,
to close at $32.49 per share on January 31, 2020. [BN]
Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Jonathan Lindenfeld, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
Email: jalieberman@pomlaw.com
ahood@pomlaw.com
jlindenfeld@pomlaw.com
- and -
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
10 South La Salle Street, Suite 3505
Chicago, IL 60603
Telephone: (312) 377-1181
Facsimile: (312) 377-1184
Email: pdahlstrom@pomlaw.com
- and -
Peretz Bronstein, Esq.
BRONSTEIN, GEWIRTZ & GROSSMAN, LLC
60 East 42nd Street, Suite 4600
New York, NY 10165
Telephone: (212) 697-6484
Facsimile (212) 697-7296
Email: peretz@bgandg.com
LYFT INC: Court Denies Certification of Disabled Persons Class
--------------------------------------------------------------
In the class action lawsuit styled as INDEPENDENT LIVING RESOURCE
CENTER SAN FRANCISCO, JUDITH SMITH, JULIE FULLER, TARA AYRES,
SASCHA BITTNER, and COMMUNITY RESOURCES FOR INDEPENDENT LIVING, a
California non-profit corporation v. LYFT, INC., Case No.
3:19-cv-01438-WHA (N.D. Cal.), the Hon. Judge William Alsup entered
an order denying the motion for class certification of:
"all individuals in San Francisco County, Alameda County, and
Contra Costa County who are disabled because of a mobility
impairment, use wheelchairs or other mobility devices and
therefore need Wheelchair Accessible Vehicles ("WAVs") for
transportation, and who have been and continue to be deterred
from using Lyft's transportation service due to Lyft's failure
to provide equivalent transportation services for WAV users in
those counties. Excluded from the class is any individual who
has downloaded the Lyft application."
The order is without prejudice to a subsequent re-try at
certification with a better class definition. It is also without
prejudice to the possibility that plaintiffs can independently seek
relief under the Americans with Disabilities Act of 1990 (ADA) that
may possibly overlap with systemic relief, the Court says.
The Plaintiffs filed the action in March 2019 alleging a violation
of the ADA and requesting declaratory and injunctive relief.
Independent Living Resource Center San Francisco is a disability
rights organization in San Francisco. Community Resources for
Independent Living is a disability rights organization in Hayward.
Judith Smith, Julie Fuller, Sascha Bittner, and Tara Ayres are all
disabled individuals who use motorized wheelchairs. Plaintiffs do
not use Lyft because they believe doing so would be futile. Without
access to Lyft, plaintiffs are unable to lead an active life.
Lyft provides on-demand ridesharing transportation services. Lyft
offers multiple vehicle options as part of its service such as Lyft
(basic rideshare), Lux (high-end vehicle), and Lyft XL (larger
cars). In some regions of the United States, Lyft also provides
riders with the option of activating a "Wheelchair access" mode to
indicate their need for a wheelchair-accessible vehicle (WAV).[CC]
LYFT INC: Fails to Provide Paid Sick Days to Drivers, Rogers Says
-----------------------------------------------------------------
JOHN ROGERS, on behalf of himself and all others similarly
situated, Plaintiff, v. LYFT, INC., Defendant, Case No.
CGC-20-583685 (Calif. Super., San Francisco Cty., March 12, 2020)
is a class action against the Defendant for failure to pay sick
leave to the Plaintiff and all others similarly situated as
required by California law.
The Defendant does not pay its drivers including the Plaintiff for
sick leave as required by the law as it misclassified them as
independent contractors rather than its employees.
According to the complaint, the harm extends not only to drivers
but to the public as well, particularly as the international
community is facing a worldwide crisis in the spread of COVID-19.
The failure of the Defendant to comply with California law is
therefore creating an immediate danger as Lyft drivers including
Plaintiff will continue working and risk exposing hundreds of
drivers who enter their car on a weekly basis to this deadly
disease, faced with the choice of staying home without pay and
risking losing their access to their livelihood including housing,
food, and other necessities of living.
Lyft, Inc. is a San Francisco, California-based transportation
service which engages drivers across the country to transport
riders. The company offers customers the ability to order rides via
a mobile application, which its drivers then carry out. [BN]
The Plaintiff is represented by:
Shannon Liss-Riordan, Esq.
Anne Kramer, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone: (617) 994-5800
Email: sliss@llrlaw.com
MANFREDINI LANDSCAPING: Discovery Schedule Sought in Gatica Case
----------------------------------------------------------------
In the class action lawsuit styled as PEDRO GATICA, ON BEHALF OF
HIMSELF AND ALL OTHER PLAINTIFFS SIMILARLY SITUATED, KNOWN AND
UNKNOWN v. MANFREDINI LANDSCAPING AND DESIGN CO., AN ILLINOIS
CORPORATION, Case No. 1:20-cv-00260 (N.D. Ill.), the Plaintiff asks
the Court for an order:
1. directing the Parties to submit an agreed upon discovery
schedule relative to the issue of "class" and "collective"
Notice to the putative class; and
2. entering and continuing his motion to send notice to the
plaintiff class and motion for preliminary certification of
class until such time discovery has advanced.
On behalf of himself and all other past and present employees of
Defendants, the Plaintiff has filed his claim for unpaid wages and
other relief pursuant to the Fair Labor Standards Act, and
supplemental state wage and hour claims under Illinois law.
The Plaintiff asserts claims under the FLSA for unpaid work
performed but not accounted for by Defendant (work off the clock)
and pursuant to his pendant state court claim, for improper and
unauthorized uniform payroll deductions.[CC]
The Plaintiff is represented by:
John W. Billhorn, Esq.
BILLHORN LAW FIRM
53 W. Jackson Blvd., Suite 401
Chicago, IL 60604
Telephone: (312) 853-1450
MH SUB I LLC: Rattler Sues Over Disclosure of Consumer Reports
--------------------------------------------------------------
KIM RATTLER, on behalf of herself, all others similarly situated,
Plaintiff, vs. MH SUB I, LLC, a Delaware Limited I Liability
Company; DEMANDFORCE, INC., a California corporation; and DOES 1
through 50, Inclusive, Defendants, Case No. RG20057640 (Calif.
Super., Alameda Cty., March 9, 2020) alleges that Defendants
routinely acquire consumer reports to conduct background checks on
Plaintiff and other prospective, current and former employees and
use information from consumer reports in connection with their
hiring process without providing proper disclosures and obtaining
proper authorization in compliance with the law.
When Plaintiff applied for employment with Defendant, Defendants
provided a disclosure and authorization form to perform a
background investigation. The disclosures provided by Defendants
contained extraneous and superfluous language that does not consist
solely of the disclosure as required by the Fair Credit Reporting
Act.
According to the complaint, the inclusion of the extraneous
provisions causes the disclosure to fail to be clear and
conspicuous and clear and accurate and thus violates the law.
MH Sub I LLc is an American new media company based in California
that operates online media, community, and e-commerce sites in
vertical markets.
Demandforce Inc. develops marketing software and offers an
automated marketing and communications solution to increase
revenue, retain and engage existing customers, and track results.
[BN]
The Plaintiff is represented by:
Shaun Setareh, Esq.
Thomas Segal, Esq.
Farrah Grant, Esq.
SETAREH LAW GROUP
3l5 South Beverly Drive, Suite 315
Beverly Hills, CA 90212
Telephone: (310) 888-7771
Facsimile: (310) 888-0109
Email: shaun@setarehlaw.com
thomas@setarehlaw.com
farrah@setarehlaw.com
MUSIC GROUP: Sipe Seeks Unpaid Overtime Wages, Hits Retaliation
---------------------------------------------------------------
Shane Sipe, individually and on behalf of others similarly
situated, v. Music Group Of Las Vegas, LLC, Does 1 through 10,
inclusive, Roe Corporations 1 through 10, inclusive, Defendants,
Case No. 20-cv-00299, (D. Nev., February 11, 2020), seeks to
recover overtime compensation for hours worked over 40 hours per
week or 8 hours per day and redress for and for wrongful
termination under the Fair Labor Standards Act.
Music Group of Las Vegas operates as "Music Tribe" where Sipe
worked as a service technician. Sipe was terminated on or about
July 10, 2019 in retaliation for complaining about not receiving
his overtime wages. [BN]
Plaintiff is represented by:
Trevor J. Hatfield, Esq.
HATFIELD & ASSOCIATES, LTD.
703 South Eighth Street
Las Vegas, NV 89101
Tel: (702) 388-4469
Fax: (702) 386-9825
Email: thatfield@hatfieldlawassociates.com
MY FIRST PEEKABOO: Fleming Suit Seeks Unpaid Overtime Pay
---------------------------------------------------------
Arianna Fleming, on behalf of themselves and all others similarly
situated Plaintiffs, v. My First Peekaboo Ultrasound WI LLC, Jeremy
Rodekuhr and Anna Rodekuhr, Defendants, Case No. 20-cv-00252 (E.D.
Wisc., February 17, 2020), seeks redress for Defendants' failure to
pay overtime premium pay for hours worked over 40 per week under
the Fair Labor Standards Act.
Defendants operated clinics providing ultrasound photographing
services in Milwaukee and Racine, Wisconsin where Fleming worked as
an ultrasound technician. She claims to be paid for no more than 10
hours per day, with one hour lunch, no matter how many hours she
actually worked during the day. [BN]
Plaintiff is represented by:
Yingtao Ho, Esq.
Joseph M. Sexauer, Esq.
THE PREVIANT LAW FIRM S.C.
310 W. Wisconsin Avenue, Suite 100MW
Milwaukee, WI 53203
Telephone: (414) 271-4500
Fax: (414) 271-6308
Email: yh@previant.com
NCAA: Fails to Protect Footballers From Concussions, Mack Claims
----------------------------------------------------------------
The case, LERNARD MACK, individually and on behalf of all others
similarly situated, Plaintiff, v. NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION, Defendant, Case No. 1:20-cv-00835-RLY-DLP (S.D. Ind.,
March 13, 2020) alleges that the Defendant recklessly disregarded
the debilitating long-term dangers of concussions,
concussion-related injuries, and sub-concussive injuries that
resulted from playing football by college athletes to protect the
very profitable business of amateur college football.
According to the complaint, the Defendant failed to implement
adequate procedures to protect Plaintiff and other Texas Southern
University football players from the long-term dangers associated
with them despite knowing for decades of a vast body of scientific
research describing the danger of traumatic brain injuries to
players like those Plaintiff experienced.
The Defendant ignored the facts and failed to institute any
meaningful methods of warning and/or protecting the athletes since
the continued expansion and operation of college football was
simply too profitable to put at risk.
The National Collegiate Athletic Association serves as the
governing body of collegiate athletics that oversees 23 college
sports and over 400,000 students who participate in intercollegiate
athletics across the U.S. [BN]
The Plaintiff is represented by:
Jeff Raizner, Esq.
RAIZNER SLANIA LLP
2402 Dunlavy Street
Houston, TX 77006
Telephone: (713) 554-9099
Facsimile: (713) 554-9098
Email: efile@raiznerlaw.com
– and –
Jay Edelson, Esq.
Benjamin H. Richman, Esq.
EDELSON PC
350 North LaSalle Street, 14th Floor
Chicago, IL 60654
Telephone: (312) 589-6370
Facsimile: 312.589.6378
Email: jedelson@edelson.com
brichman@edelson.com
– and -
Rafey S. Balabanian, Esq.
EDELSON PC
123 Townsend Street, Suite 100
San Francisco, CA 94107
Telephone: (415) 212-9300
Facsimile: (415) 373-9435
Email: rbalabanian@edelson.com
NERVE 1649 PARK AVENUE: Jimenez Reynoso Seeks Proper Wages
----------------------------------------------------------
ANDRES JIMENEZ REYNOSO (A.K.A. SERGIO SANCHEZ), individually and on
behalf of others similarly situated, Plaintiff, -against- NERVE
1649 PARK AVENUE INC. (D/B/A NERVE INC.), NERVE CONTRACTING CO INC.
(D/B/A NERVE INC.), NERVE LOS TRES HOUSING DEVELOPMENT FUND
CORPORATION (D/B/A NERVE INC.), ROBERT ANAZAGASTI , and ROBERT
ANAZAGASTI, JR., Defendants, Case No. 1:20-cv-02184 (S.D.N.Y.,
March 11, 2020) alleges that the Defendants failed to maintain
accurate recordkeeping of the hours worked and failed to pay
Plaintiff appropriately for any hours worked, either at the
straight rate of pay or for any additional overtime premium.
The Plaintiff was employed by Defendants as porter at Nerve Inc.
from approximately March 2014 until on or about November 20, 2019.
Nerve 1649 Park Avenue Inc., d/b/a Nerve Inc., operates a
contracting corporation located in the East Harlem section of
Manhattan in New York City.
Nerve Contracting Co Inc., d/b/a Nerve Inc., is a contracting
company organized and existing under the laws of the State of New
York.
Nerve Los Tres Housing Development Fund Corporation, d/b/a Nerve
Inc., operates a contracting corporation in New York City. [BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
NEW MEXICO: Faces Hunnicutt Prisoner Civil Rights Suit in D.N.M.
----------------------------------------------------------------
A class action lawsuit has been filed against Southern New Mexico
Correctional Facility, et al. The case is styled as Carnell
Hunnicutt, Sr., and on behalf of all those similarly situated v.
Southern New Mexico Correctional Facility; Daniel Peters, Warden;
William Edgman, Deputy Warden; Estevan Flores; K.D. Miller; Jodi
Upshaw; Joshua Sigala; Astrid Castillo; Mary Williams; Summit Food
Service; German Franco; Adam Whitefield; FNU Martinez Warden; New
Mexico Corrections Department, Case No. 2:20-cv-00206-MV-CG
(D.N.M., March 9, 2020).
The nature of suit is stated as Prisoner Civil Rights.
Southern New Mexico Correctional Facility is located on the West
Mesa near Las Cruces, New Mexico.
The Plaintiff appears pro se.[BN]
NEXTERA ENERGY: Ready to Settle Class-Action Ratepayer Lawsuit
--------------------------------------------------------------
Andrew Brown and Avery G. Wilks, writing for The Post and Courier,
report that Florida-based NextEra Energy, the main suitor for
state-owned power provider Santee Cooper, wants to bypass South
Carolina's utility regulators to charge customers $2.3 billion on
new power plants even if those projects are canceled.
Some believe NextEra's pitch smacks of the Base Load Review Act,
the controversial law that jump-started the failed V.C. Summer
nuclear expansion project, tied regulators' hands and enabled
Cayce-based South Carolina Electric & Gas to charge ratepayers
billions for those unfinished reactors.
When the partially completed expansion failed in 2017, customers
were left with nothing and utilities were saddled with debt. The
V.C. Summer crisis led to SCE&G's sale to Dominion Energy and
demands to sell off project partner Santee Cooper.
As part of an ambitious offer to buy Santee Cooper, NextEra is
ready to pay off the Moncks Corner-based utility's debt, provide
refunds and rebates to customers, and settle an important
class-action ratepayer lawsuit over a failed nuclear plant
expansion.
But stowed away in NextEra's multibillion-dollar bid are special
requests that some lawmakers, attorneys and consumer advocates
believe could sink the sale.
The company wants the Legislature to avoid the normal regulations
for investor-owned utilities in South Carolina and win pre-approval
for at least four years of spending for new power projects central
to its takeover of Santee Cooper.
Those proposed projects include: 800 megawatts of new solar
generation; an expansion of Santee Cooper's Rainey gas-fired power
station in Anderson County; and the construction of a new,
1,250-megawatt gas-fired plant in Fairfield County.
But that's not all. NextEra also wants assurances that it can bill
customers for those plants if the projects are scrubbed because of
state or federal regulatory changes, like a nationwide tax on
carbon emissions.
David Reuter, a spokesman for NextEra, said those stipulations are
a "key component" of the company's deal and necessary to pull off a
successful takeover of Santee Cooper. Without those assurances,
Reuter said it would create "significant uncertainty" for the
company.
But the company's special requests worry South Carolina lawmakers,
who want to avoid a repeat of the law that opened the door for the
V.C Summer debacle.
"We've been down that road before. That raises a lot of concerns,"
said state Rep. Murrell Smith, R-Sumter, chairman of the House
budget committee that will analyze NextEra's offer. "I'm sure it's
going to raise a lot of concerns from the members."
House Minority Leader Todd Rutherford, D-Columbia, added, "Anything
that resembles the Base Load Review Act is going to be dead on
arrival. We're not going to give anybody carte blanche to do that
again."
The Legislature repealed that Base Load Review Act two years ago
after ratepayers voiced outrage over the canceled nuclear project
in South Carolina.
Gov. Henry McMaster, who pushed to sell Santee Cooper for the past
three years, has already come out in support of NextEra's purchase
offer. But many of the state's legislative leaders have yet to
announce if they support the bid.
NextEra's requests are included in a new bill, which it is asking
state lawmakers to pass later this year. That bill had not been
made public as lawmakers were being briefed on NextEra's plans that
were first revealed on Feb. 11.
The Post and Courier received a copy of the legislation on Feb. 13
after days of requests with NextEra and the state Department of
Administration, which is overseeing the Santee Cooper bids. [GN]
NOVANT HEALTH: Marshall Seeks to Certify Class of Medical Workers
-----------------------------------------------------------------
In the class action lawsuit styled as YVETTE MARSHALL, on behalf
herself and all others similarly situated v. NOVANT HEALTH, INC.,
Case No. 3:18-cv-00633-MOC-DCK (W.D.N.C.), the Plaintiff moves the
Court for an order:
1. conditionally certifying a Fair Labor Standards Act
Collective Class defined as:
"all individuals who currently work, or have worked for
Defendant as an hourly-paid Registered Nurse, Licensed
Practical Nurse, Certified Nursing Assistant, Registered
Medical Assistant, Certified Medical Assistant, Radiology
Technician, or any equivalent position, at any Novant
healthcare facility during the period from three years
prior to the entry of the conditional certification order
to the present";
2. scheduling a 75-day period for responding to the Notice;
3. directing the Defendant to produce a list of putative class
members including information necessary to send the Notice;
4. authorizing the Plaintiff to distribute the Notice via First
Class U.S. Mail and e-mail and to send a reminder postcard
on or about 20 days before the end of the notice period; and
5. directing posting of the Notice at a location in Defendant's
offices where putative class members are likely to view it.
Novant Health is a four-state integrated network of physician
clinics, outpatient centers and hospitals. Its network consists of
more than 1,600 physicians and 28,000 employees at more than 630
locations, including 15 medical centers and hundreds of outpatient
facilities and physician clinics.[CC]
Attorneys for the Plaintiff and the Putative Collective Members
are:
Ryan F. Stephan, Esq.
James B. Zouras, Esq.
Catherine T. Mitchell, Esq.
STEPHAN ZOURAS, LLP
100 N. Riverside Plaza, Suite 2150
Chicago, IL 60606
Telephone: (312) 233-1550
E-mail: rstephan@stephanzouras.com
jzouras@stephanzouras.com
cmitchell@stephanzouras.com
- and -
Philip J. Gibbons, Jr., Esq.
Craig L. Leis, Esq.
North Carolina Bar No. 48582
GIBBONS LEIS, PLLC
14045 Ballantyne Corporate Place, Suite 325
Charlotte, NC 28277
Telephone: (704) 612-0038
E-mail: pgibbons@gibbonsleis.com
craig@gibbonsleis.com
O'HARE TOWING: Borre Sues Over Illegal Use of Biometric Data
------------------------------------------------------------
Sean Borre, individually and on behalf of all others similarly
situated v. O'HARE TOWING SYSTEMS, INC., Case No. 2020CH02865 (Ill.
Cir., Cook Cty., March 9, 2020), arises from the Defendant's
illegal actions in collecting, storing and using the Plaintiff's
biometric identifiers and information without obtaining informed
written consent or providing the requisite data retention and
destruction policies, in direct violation of the Illinois Biometric
Information Privacy Act.
According to the complaint, the Defendant collected, stored and
used--without first providing notice, obtaining informed written
consent or publishing data retention policies--the fingerprints and
associated personally identifying information of hundreds of its
employees, who are being required to "clock in" with their
fingerprints.
BIPA confers on the Plaintiff a right to know of such risks, which
are inherently presented by the collection and storage of
biometrics, and a right to know how long such risks will persist
after termination of their employment. Yet, the Defendant never
adequately informed Plaintiff or the Class of its biometrics
collection practices, never obtained the requisite written consent
from the Plaintiff regarding its biometric practices, and never
provided any data retention or destruction policies to the
Plaintiff, says the complaint.
The Plaintiff is a resident and citizen of the State of Illinois.
O'Hare Towing Systems, Inc. is a corporation organized under the
laws of Illinois and doing business in Cook County, Illinois.[BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
KOZONIS & KLINGER, LTD.
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: 312.283.3814
Fax: 773.496.8617
Email: gklinger@kozonislaw.com
OMEGA FLEX: Class Action Legal Costs Hits 2019 4th Quarter Income
-----------------------------------------------------------------
MyChesCo reports that Kevin R. Hoben, Chairman and CEO of Omega
Flex, Inc., announced that the Company's Net Sales for 2019 and
2018 were $111,360,000 and $108,313,000, respectively, increasing
2.8%. Net Sales for the three months ended December 31, 2019 were
3.0% higher than the fourth quarter of 2018.
The Company's Net Income for 2019 was $17,286,000 compared to
$20,139,000 during 2018, decreasing $2,853,000 or 14.2%. Income for
the fourth quarter of 2019 was 7.8% lower than 2018.
The reduction in income for the year is largely generated by
increases in several atypical SG&A items: legal costs including
those associated primarily with one pending class action case,
which the Company is vigorously defending; consulting costs
including related to our new product, MediTrac(R) flexible medical
gas piping; and executive compensation accrual for prior equity
awards.
The same factors impacted the quarterly results, although to a
lesser extent. The Company's gross profit from core operations has
however improved over the prior year and the prior quarter.
[GN]
OS RESTAURANT: Cooper Seeks Unpaid Overtime Premiums, Withheld Tips
-------------------------------------------------------------------
Theresa Cooper, on behalf of herself and all others similarly
situated, Plaintiff, v. OS Restaurant Services, LLC, Bloomin'
Brands, Inc. and Bonefish Grill, LLC, Defendants, Case No.
20-cv-00240 (E.D. Wis., February 14, 2020), seeks unpaid overtime
compensation, withheld tips, liquidated damages, costs, attorneys'
fees, declaratory and/or injunctive relief and/or any such other
relief pursuant to Wisconsin's Wage Payment and Collection Laws and
the Fair Labor Standards Act of 1938.
Defendants operate three restaurant locations in Wisconsin where
Cooper worked as a server, bartender and food preparer. She claims
that she was denied overtime premiums, paid below minimum wages
rates and had her tips illegally withheld. [BN]
Plaintiffs are represented by:
James A. Walcheske, Esq.
Scott S. Luzi, Esq.
David M. Potteiger, Esq.
WALCHESKE & LUZI, LLC
15850 W. Bluemound Rd., Suite 304
Brookfield, WI 53005
Phone: (262) 780-1953
Fax: (262) 565-6469
Email: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
dpotteiger@walcheskeluzi.com
P.B.R. MANAGEMENT: Faces Telemarketing Suit From Marrero
--------------------------------------------------------
JESANIEL MARRERO, individually and on behalf of all others
similarly situated, Plaintiff, v. P.B.R. MANAGEMENT INC., a
Delaware corporation, Defendant, Case No. 2:20-cv-02333 (C.D. Cal.,
March 11, 2020) seeks to enforce the consumer-privacy provisions of
the Telephone Consumer Protection Act in response to widespread
public outrage about the proliferation of automated and prerecorded
telephone calls, which, Congress found, were rightly regarded as in
invasion of privacy.
The Plaintiff alleges that the Defendant made pre-recorded
telemarketing calls to Plaintiff and other putative class members
without their consent. Mr. Marrero further asserts that the
Defendant made multiple calls to his number despite his phone
number's presence on the National Do Not Call Registry.
According to the complaint, the Plaintiff and putative class
members never consented to receive these calls. The calls invaded
Plaintiff's privacy and intruded upon his right to seclusion. The
calls also frustrated and upset Plaintiff by interrupting his daily
life and wasting his time.
P.B.R. Management Inc. is a California-based company that offers
marketing services, with a focus on Internet based presence. [BN]
The Plaintiff is represented by:
Rachel E. Kaufman, Esq.
KAUFMAN P.A.
400 NW 26th Street
Miami, FL 33127
Telephone: (305) 469-5881
Email: rachel@kaufmanpa.com
PACIFIC FERTILITY: Certification of Embryo Owners Class Sought
---------------------------------------------------------------
In the class action lawsuit styled as RE: PACIFIC FERTILITY CENTER
LITIGATION, Case No. 3:18-cv-01586-JSC (N.D. Cal.), the Plaintiffs
ask the Court for an order:
1. granting class certification of:
"all individuals, and their reproductive partners, whose
eggs or embryos were in Tank 4 at Pacific Fertility Center
in San Francisco, California on March 4, 2018";
Excluded from the class are (a) any class members who, prior
to March 4, 2018, affirmatively directed PFC or any
Defendant to discard their reproductive material stored at
PFC; (b) Prelude, Pacific MSO, and Chart and their officers,
directors, employees, subsidiaries, and affiliates; (c) all
judges assigned to this case and any members of their
immediate families; and (d) the parties’ counsel in this
litigation.
2. approving their trial plan;
3. appointing them as class representatives; and
4. appointing Girard Sharp LLP, Lieff Cabraser Heimann &
Bernstein, LLP, Peiffer Wolf Carr & Kane PLC, and Gibbs Law
Group LLP as class counsel, with Girard Sharp to serve as
liaison counsel.[CC]
The Plaintiffs are represented by:
Dena C. Sharp, Esq.
Jordan Elias, Esq.
Adam E. Polk, Esq.
GIRARD SHARP LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Telephone: (415) 981-4800
Facsimile: (415) 981-4846
E-mail: dsharp@girardsharp.com
jelias@girardsharp.com
apolk@girardsharp.com
- and -
Eric H. Gibbs, Esq.
Amy M. Zeman, Esq.
GIBBS LAW GROUP LLP
505 14th Street, Suite 1110
Oakland, CA 94162
Telephone: (510) 350-9700
E-mail: ehg@classlawgroup.com
amz@classlawgroup.com
- and -
Elizabeth J. Cabraser, Esq.
Lexi J. Hazam, Esq.
Sarah R. London, Esq.
Tiseme G. Zegeye, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111
Telephone: (415) 956-1000
Facsimile: (415) 956-1008
E-mail: ecabraser@lchb.com
lhazam@lchb.com
slondon@lchb.com
tzegeye@lchb.com
- and -
Adam B. Wolf, Esq.
Tracey B. Cowan, Esq.
PEIFFER WOLF CARR & KANE, A PROFESSIONAL LAW CORPORATION
4 Embarcadero Center, Suite 1400
San Francisco, CA 94111
Telephone: (415) 766-3545
Facsimile: (415) 402-0058
E-mail: awolf@pwcklegal.com
tcowan@pwcklegal.com
PEMBROKE PARK, FL: Riley Sues Over Overtime Pay, Retaliation
------------------------------------------------------------
MICHELLE A. RILEY, Plaintiff, vs. TOWN OF PEMBROKE PARK, Defendant,
Case No. CACE-20-004289 (Fla. Cir., 17th Judicial, Broward Cty.) is
an action by the Plaintiff for damages excluding attorneys' fees or
costs for unpaid wages and Retaliation under the Fair Labor
Standards Act.
Plaintiff performed work for Defendants as a non-exempt employee
from on or about October 2008 through on or about April 12, 2018.
She was not paid for all hours worked from the period of time. On
or about April 12, 2018, Defendant terminated Plaintiff's
employment and did not allow Plaintiff to re-commence work for
Defendant. [BN]
The Plaintiff is represented by:
Jason S. Remer, Esq.
Elizabeth Carlin, Esq.
REMER & GEORGES-PIERRE, PLLC
44 West Flagler Street, Suite 2200
Miami, FL 33130
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
Email: jremer@rgpattorneys.com
ecarlin@rgpattorneys.com
PEOPLE'S UNITED: Walker Seeks to Finally Certify Settlement Class
-----------------------------------------------------------------
In the class action lawsuit styled as TERRIANN WALKER,
individually, and on behalf of others similarly situated v.
PEOPLE'S UNITED BANK and DOES 1 through 100, Case No.
3:17-cv-00304-AVC (D. Conn.), the Plaintiff will move the Court on
on April 7, 2020, for entry of an Order:
1. certifying the Settlement Class on a final basis;
2. approving the Settlement;
3. appointing Terriann Walker as the Representative of the
Settlement Class;
4. appointing Richard McCune of McCune Wright Arevalo, LLP,
and Taras Kick of The Kick Law Firm, APC, as lead counsel
for the Settlement Class, and Richard Hayber as Local
Counsel;
5. appointing Epiq Class Actions & Settlement Solutions, Inc.
as the Settlement Administrator; and
6. awarding attorney's fees and costs and a service award.
People's United is an American bank holding company that owns
People's United Bank. The bank operates 403 branches in
Connecticut, southeastern New York State, Massachusetts, Vermont,
Maine, and New Hampshire.[CC]
Counsel for the Terriann Walker and the Putative Class:
Richard D. McCune, Esq.
Emily J. Kirk, Esq.
MC CUNE WRIGHT AREVALO LLP
3281 East Guasti Road, Suite 100
Ontario, CA 91761
Telephone: (909) 557-1250
Facsimile: (909) 557-1275
E-mail: rdm@mccunewright.com
ejk@mccunewright.com
- and -
Richard E. Hayber, Esq.
HAYBER LAW FIRM, LLC
221 Main Street, Suite 502
Hartford, CT 06106
Telephone: (860) 522-8888
Facsimile: (860) 218-9555
E-mail: rhayber@hayberlawfirm.com
- and -
Taras Kick, Esq.
THE KICK LAW FIRM, APC
815 Moraga Drive
Los Angeles, CA 90401
Telephone: (310) 395-2988
Facsimile: (310) 395-2088
E-mail: taras@kicklawfirm.com
PEPWEAR LLC: Gonzalez Alleges Illegal Telemarketing Acts
--------------------------------------------------------
The case, MARIA GONZALEZ, individually and on behalf of all others
similarly situated, Plaintiff, vs. PEPWEAR, LLC, a Texas Limited
Liability Company, Defendant, Case No. 3:20-cv-00554-L (N.D. Tex.,
March 4, 2020), alleges that Defendant engages in unsolicited
marketing, harming thousands of consumers in the process, in
violation of the Telephone Consumer Protection Act.
The Defendant sent a telemarketing text message to Plaintiff's
cellular telephone number on or about May 17, 2019 that constitutes
telemarketing because it encouraged the future purchase or
investment in property, goods, or services, i.e., selling Plaintiff
a diploma plaque.
The Plaintiff asserts that she did not provide Defendant with her
express written consent to be contacted using an automatic
telephone dialing system.
Further, the Defendant's unsolicited text messages caused Plaintiff
actual harm, including invasion of her privacy, aggravation,
annoyance, intrusion on seclusion, trespass, and conversion.
Defendant's text messages also inconvenienced Plaintiff and caused
disruption to her daily life.
Pepwear, LLC is a Texas-based electronic commerce, marketing &
branding, technology, product planning, data analysis, and order
fulfillment company. [BN]
The Plaintiff is represented by:
Angelica M. Gentile, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 1205
Miami, FL 33132
Telephone: 305-479-2299
Email: agentile@shamisgentile.com
PERSONNEL STAFFING: Settlement Reached in Hunt Suit
---------------------------------------------------
In the class action lawsuit styled as ANTWOIN HUNT, JAMES
ZOLLICOFFER, NORMAN GREEN, JAMES LEWIS and KEVIN JAMES, on behalf
of themselves and other similarly situated laborers v. PERSONNEL
STAFFING GROUP, LLC d/b/a MVP, THE SEGERDAHL CORP., MERCURY
PLASTICS, INC., MPS CHICAGO, INC. d/b/a JET LITHO, THE PENRAY
COMPANIES, INC. ADVERTISING RESOURCES, INC. d/b/a ARI PACKAGING,
and LAWRENCE FOODS, INC., Case No. 1:16-cv-11086 (N.D. Ill.), the
Plaintiffs ask the Court for an order:
1. granting their unopposed motion for preliminary approval of
the parties' partial class action settlement agreement; and
2. conditionally certifying a settlement class.
Personnel Staffing provides staffing services. The company offers
staffing for clerical and industrial positions.[CC]
Attorneys for the Plaintif are:
Christopher J. Williams, Esq.
NATIONAL LEGAL ADVOCACY NETWORK
53 W. Jackson Blvd, Suite 1224
Chicago, IL 60604
Telephone: (312) 795-9121
- and -
Joseph M. Sellers, Esq.
Shaylyn Cochran, Esq.
Harini Srinivasan, Esq.
COHEN MILSTEIN SELLERS & TOLL P.L.L.C.
1100 New York Avenue, N.W., Suite 500
Washington, D.C. 20005
Telephone: (202) 408-4600
PETER NYGARD: Hosted Prince Andrew at Bahamas Home Decades Ago
--------------------------------------------------------------
Naomi Gordon, writing for Harper's Bazaar, reports that a
millionaire fashion executive accused of raping 10 women and girls
at his Bahamas home allegedly hosted Prince Andrew and his family
at the property two decades ago.
A civil class action lawsuit submitted in New York City alleges
that Peter Nygard coerced "young, impressionable, and often
impoverished children and women" to his Bahamas home with money and
offers of modelling opportunities, only to then "assault, rape, and
sodomise them".
Nygard, 77, is accused of targeting 10 young women between
2008-2015, according to the lawsuit filed by the alleged victims.
The Duke of York is believed to have stayed at Nygard's mansion
with his ex-wife Sarah, Duchess of York, in June 2000, and their
two daughters, Princesses Eugenie and Beatrice.
Nygard reportedly hosted many celebrities and high-profile figures
at his home in the Bahamas capital of Nassau.
There is no evidence to suggest that Prince Andrew knew anything
about Nygard's alleged activities, nor is he the subject of any
alleged wrongdoing in connection with the lawsuit against Nygard.
Nygard is Finnish-Canadian fashion founder and chairman of the
company Nygård International, a Canadian clothing brand for women.
It is one of the largest women's clothing manufacturers and
suppliers in the world.
In 2009, he was rated the 70th richest Canadian by Canadian
Business Magazine with a net worth of $817 million (GBP620
million).
A spokesman for Nygard has denied the claims in the lawsuit,
telling the New York Post they are "just the latest in a
10-plus-year string of attempts to try to destroy the reputation of
a man through false statements. The allegations are completely
false, without foundation, and are vigorously denied."
Buckingham Palace announced that Prince Andrew was stepping down
from royal duties following a backlash over his friendship with sex
offender Jeffery Epstein and his subsequent "excruciating"
televised interview with Newsnight's Emily Maitlis.
Prince Andrew categorically denies any form of sexual misconduct
and says he is "willing to help any appropriate law enforcement
agency" investigating incidents related to Epstein. [GN]
PETER NYGARD: PLP Leader Refutes Claims Linking Members to Suit
---------------------------------------------------------------
Royston Jones Jr., writing for Eyewitness News, reports that
Progressive Liberal Party (PLP) Leader Philip Brave Davis on Feb.
16 called the allegations linking party members to a federal class
action lawsuit accusing Canadian fashion designer Peter Nygard of
sex trafficking "mere scare tactics".
Davis further suggested the claims that party members were bribed
with sex with underage girls and cash, contained in the federal
complaint, were perpetuated by Free National Movement (FNM)
"surrogates".
"It is a stretch to link the PLP and anyone of its member to
allegations that form the basis of the complaint in that there is
no basis," he said.
"It is a stretch and it is the usual sort of spin, political spin
that the FNM, through its surrogates attempt to -- their surrogates
put out these salacious [things] to try to smear the PLP.
Davis said: "But, it is not the PLP that is going to be smeared. I
mean we are not going to allow them to do it without pointing out
the folly of their ways and the errors of their conclusions."
In a statement on Feb. 16, the FNM said the allegations of Nygard's
involvement in a sex trafficking ring are "revolting beyond
imagination" and called on the PLP to speak "fully and truthfully"
to the claims.
"If proven true, these allegations mean many young women were
robbed of their childhood and had their lives tragically altered
forever," the FNM said.
"The PLP must now speak up clearly, fully and truthfully regarding
the allegations in this complaint. A political party that condones
such sick and depraved [alleged] activity on the part of any of its
members is unfit to govern The Bahamas."
The federal class action lawsuit filed in a Manhattan Court on Feb.
13, details allegations of a decades-long sex-trafficking scheme
that Nygard and his companies knowingly facilitated and benefitted
from -- and Bahamian officials were paid to ignore.
The class action complaint, obtained by Eyewitness News, claims
Nygard bribed Bahamian police officers and further seeks to
correlate the fashion designer's financial contributions and
engagement with the Progressive Liberal Party as evidence of his
political influence.
It alleged Nygard provided PLP party members and corrupts police
officers with "children and young women to engage in commercial sex
acts with".
Asked whether the matter could affect the party's election
campaign, Davis said he could not speak to the outcome of the
case.
However, he said: "I hope the Bahamian people would see the
allegations for what they are, mere scare tactics by surrogates of
the FNM."
In a separate statement, PLP Chairman Fred Mitchell said after
examining the FNM's statement, he was certain the governing party
is behind "this wicked propaganda campaign".
He encouraged PLPs to read with "caution and several grains of
salt" articles published about the lawsuit.
"We have examined the statement in its entirety and it appears to
contain a mish mashed (sic) concoction of everything and the
kitchen sink to make a salacious and biased story against the PLP
without any evidential foundation," Mitchell wrote.
"From our analysis of the writ, there is no connection between the
references to the PLP and the acts complained of. In fact, one of
the captions of a photograph in the writ makes a false
identification as a former parliamentarian of the PLP.
"The statement is loose with the truth.
"Our educated guess and suspicion is that these allegations in the
writ, as far as it concerns the conduct of PLP members, are well
worn and discredited untruths about the party and its members."
The PLP chairman added that had the writ been filed in Bahamian
courts, the information about anyone connected to the PLP would
have been struck out as an "abuse of process and irrelevant".
[GN]
PETER NYGARD: Sued in New York for Allegedly Raping Young Girls
---------------------------------------------------------------
Julia Arciga, writing for Daily Beast, reports that ten women filed
a class-action lawsuit against Canadian fashion executive Peter
Nygard, claiming he drugged and raped girls as young as 15 years
old over the course of decades. According to The Globe and Mail,
Nygard -- the 77-year-old owner of the eponymous women's clothing
chain—is accused of luring women into his Bahamas compound and
other homes under the pretense of modeling contract interviews or
fashion industry events, known as "pamper parties." Once the women
were on his property, Nygard would allegedly use "alcohol, drugs,
force, fraud" and other coercive forms to have the women do sex
acts -- which included sodomy and women defecating or urinating on
him, according to the lawsuit. If women resisted his advances, he
would allegedly have the bartenders spike their drinks with
Rohypnol, or the "date-rape drug." Many of the women claimed they
were subsequently offered money. One woman -- who was 15-years-old
at the time -- said she was drugged and then raped anally and
vaginally. The suit alleges that Nygard offered her $5,000 before
raping her, then $10,000 to defecate in his mouth. The women, now
between the ages of 18 and 36, consist of nine Bahamians and one
American.
The lawsuit claims that Nygard moving the women to one of his
various homes in the U.S. and the Bahamas, often via private jet,
violated the Trafficking Victims Protection Act. It also alleges
that Nygard bribed Bahamian politicians and police to cover up his
actions. Nygard's lawyer said the accusations were "completely
false," and described them as part of a decade-long fight between
Nygard and his neighbor in the Bahamas -- hedge fund billionaire
Louis Bacon. The lawsuit was filed in U.S. District Court for the
Southern District of New York, and asks for damages to be
determined in court. [GN]
PHARMACIELO LTD: Gabbard Sues Over 36.14% Drop in Share Price
-------------------------------------------------------------
DANIEL GABBARD, Individually and on behalf of all others similarly
situated, Plaintiff, v. PHARMACIELO LTD., DAVID ATTARD, and SCOTT
LAITINEN, Defendants, Case No. 2:20-cv-02182 (C.D. Cal., March 6,
2020) is a class action on behalf of persons or entities who
purchased or otherwise acquired publicly traded PharmaCielo
securities from June 21, 2019 and March 2, 2020, inclusive, seeking
to recover compensable damages caused by Defendants' violations of
the federal securities laws under the Securities Exchange Act of
1934.
On March 2, 2020, Hindenburg Research published a report explaining
that PharmaCielo had failed to disclose: (i) transactions with
related parties; (ii) misleading business transactions and loans
with General Extract and XPhyto; (iii) the delayed state of its
Research Technology and Processing Centre's construction; and (iv)
the poor state of its Rionegro Growing Facility.
On this news, shares of PharmaCielo fell $0.5132 per share over the
next two trading days, or 36.14%, to close at $0.9068 per share on
March 3, 2020, damaging investors.
Further, the complaint alleges that the Defendants made materially
false and/or misleading statements because they misrepresented and
failed to disclose the adverse facts pertaining to the Company's
business, operational and financial results, which were known to
Defendants or recklessly disregarded by them. Specifically,
Defendants made false and/or misleading statements and/or failed to
disclose that: (1) PharmaCielo engaged in an undisclosed related
party transactions with General Extract; (2) PharmaCielo engaged in
misleading transactions and loans with General Extract and XPhyto;
(3) PharmaCielo's Research Technology and Processing Centre was
never on-schedule and is delayed; (4) the Rionegro facility is
located on a floodplain and contaminated with mold and pesticides
from its previous tenants; (5) PharmaCielo's Cauca Department land
has never been utilized by the Company and is idle; and (6) as a
result, Defendants' public statements were materially false and/or
misleading at all relevant times.
PharmaCielo Ltd. purports to cultivate, process, produce, and
supply medicinal-grade cannabis oil extracts and related products
in Colombia and internationally. [BN]
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071
Telephone: (213) 785-2610
Facsimile: (213) 226-4684
Email: lrosen@rosenlegal.com
PIEDMONT NATURAL GAS: Ford-Allemand Sues Over Unpaid Overtime
-------------------------------------------------------------
The case REBECCA FORD-ALLEMAND, Individually and For Others
Similarly Situated, Plaintiff, v. PIEDMONT NATURAL GAS COMPANY,
INC., c/o CT Corporation System 4400 Easton Commons Way, Suite 125
Columbus, Ohio 43219, Defendant, Case No. 1:20-cv-00192-MRB (S.D.
Ohio, March 5, 2020) seeks to recover unpaid overtime wages from
the Defendant at a rate of one-and-one-half times the regular rates
of Plaintiff and all other similarly situated hourly workers as
defined by the Fair Labor Standards Act and Ohio Minimum Fair Wage
Standards Act for all hours worked in excess of 40 hours in a
single workweek.
Allemand worked for the Defendant from August 2018 until November
2018 as a Safety Specialist.
Piedmont Natural Gas Company, Inc. is an American electric power
holding company operating throughout the United States. [BN]
The Plaintiff is represented by:
Jason R. Bristol, Esq.
COHEN ROSENTHAL & KRAMER LLP
3208 Clinton Avenue
Cleveland, OH 44113
Telephone: 216-815-9500
Email: jbristol@crklaw.com
– and -
Andrew Dunlap, Esq.
Taylor A. Jones, Esq.
JOSEPHSON DUNLAP, LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: 713-352-1100
Facsimile: 713-352-3300
Email: adunlap@mybackwages.com
tjones@mybackwages.com
– and –
Richard J. (Rex) Burch, Esq.
Michael K. Burke, Esq.
BRUCKNER BURCH PLLC
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Telephone: 713-877-8788
Facsimile: 713-877-8065
Email: rburch@brucknerburch.com
mburke@brucknerburch.com
PINEVILLE MEDICAL: Class Action Stayed After Americore Bankruptcy
-----------------------------------------------------------------
Annika Merrilees, writing for St. Louis Post-Dispatch, reports that
on Dec. 31, St. Alexius Hospital and Americore Health filed for
Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the Eastern
District of Kentucky.
The bankruptcy case includes three other facilities either owned or
formerly owned by Americore:
* Izard County Medical center, in northern Arkansas, a critical
access medical center Americore purchased in 2017.
* Ellwood City Medical Center, in Pennsylvania, which reportedly
shut down in December 2019 after failing to comply with state
Health Department requirements. The facility failed to pay wages,
unemployment taxes and pension contributions to its employees,
according to documents filed by the state attorney general.
* Pineville Medical Center, in Kentucky, which failed to fund
the employee health plan with money that was withheld from payroll,
according to a class action complaint filed in June. The defendants
have denied the allegations in the class action case, which was
automatically stayed after Americore filed for bankruptcy.
Saggio, St. Alexius chief nursing officer, declined to comment on
the vendor lawsuits. He added on Feb. 13 that vendors have been
informed of the bankruptcy filing, and should follow the process of
legally filing for claims. [GN]
PREFERRED GROUP: Faces Telemarketing Suit From Valdes
-----------------------------------------------------
The case, JORGE VALDES, individually and on behalf of all others
similarly situated, Plaintiff, v. PREFERRED GROUP PROPERTIES, INC.,
a California corporation d/b/a HARCOURTS PRIME PROPERTIES,
Defendant, Case No. 8:20-cv-00469 (C.D. Cal., March 9, 2020) is a
class action where Plaintiff seeks injunctive relief, requiring
Defendant to cease from directing its realtors to violate the
Telephone Consumer Protection Act by placing unsolicited autodialed
calls to consumers, including consumers that have registered their
telephone numbers on the national Do No Call registry, as well as
an award of statutory damages to the members of the Classes and
costs.
According to the complaint, the Plaintiff has received unsolicited,
autodialed calls from six different realtors to his cellular phone
number registered on the DNC due to Harcourts Prime's marketing
plan. This all occurred after the multiple listing service listing
for Plaintiff's property, which was maintained by Plaintiff's
former realtor and which did not include any of Plaintiff's
telephone numbers, was removed from the multiple listing service
without Plaintiff having sold his home.
Preferred Group Properties Inc., a California-based company d/b/a/
Harcourts Prime Properties, is an individual real estate franchise
that provides training and tools to its agents to make solicitation
calls to consumers to generate leads for their real estate
services. [BN]
The Plaintiff is represented by:
Rachel E. Kaufman, Esq.
KAUFMAN P.A.
400 NW 26th Street
Miami, FL 33127
Telephone: (305) 469-5881
Email: rachel@kaufmanpa.com
PRESBYTERIAN HEALTHCARE: Faces Data Breach Suit from Garcia
-----------------------------------------------------------
The case, MICHAEL O. GARCIA, on behalf of himself and all others
similarly situated, Plaintiff, v. PRESBYTERIAN HEALTHCARE SERVICES,
Defendant, Case No. 1:20-cv-00191 (D.N.M., March 4, 2020) arises
out of a recent cyber attack and data breach at medical facilities
of the Defendant, raising substantial disputed federal issues under
the Health Insurance Portability and Accountability Act of 1996,
the Federal Trade Commission Act, and the Gramm-Leach-Bliley Act.
According to the complaint, the Defendants lack adequate
safeguarding of Class Members' Private Information that they
collected and maintained, and fail to provide timely and adequate
notice to Plaintiff and other Class Members that their information
had been subject to the unauthorized access of an unknown third
party and precisely what specific type of information was
accessed.
The Plaintiff and Class Members claim that they have been exposed
to a heightened and imminent risk of fraud and identity theft as a
result of the data breach. Plaintiff and Class Members must now and
in the future closely monitor their financial accounts to guard
against identity theft.
Presbyterian Healthcare Services is a private not-for-profit health
care system and health care provider in the State of New Mexico,
and is in the business of rendering healthcare services, medical
care, and treatment. [BN]
The Plaintiff is represented by:
Jesse S. Johnson, Esq.
GREENWALD DAVIDSON RADBIL PLLC
7601 N. Federal Hwy., Suite A-230
Boca Raton, FL 33487
Telephone: (561) 826-5477
Email: jjohnson@gdrlawfirm.com
– and –
Gary M. Klinger, Esq.
KOZONIS & KLINGER, LTD.
227 W. Monroe Street, Suite 2100
Chicago, IL 60630
Telephone: (312) 283-3814
Facsimile: (773) 496-8617
Email: gklinger@kozonislaw.com
PROGRESSIVE LIVING: Callahan Hits Unpaid OT Pay, Missed Breaks
--------------------------------------------------------------
Kristina Callahan, on behalf of herself and all others similarly
situated, Plaintiff, v. Progressive Living, Inc., Defendant, Case
No. 20-cv-00358 (N.D. Ohio, February 18, 2020), seeks unpaid
overtime compensation as well as liquidated damages, attorney's
fees and costs under the Fair Labor Standards Act and Ohio Labor
Laws.
Progressive Living is a home health agency where Callahan was
employed as an hourly home health aide from approximately June 2018
to January 2020. Throughout her employment, she has been denied
overtime pay during workweeks in which he worked forty or more
hours in a work week and worked through her meal breaks. [BN]
Plaintiff is represented by:
Joseph F. Scott, Esq.
Ryan A. Winters, Esq.
Kevin M. McDermott II, Esq.
SCOTT & WINTERS LAW FIRM, LLC
The Caxton Building
812 E. Huron Road, Suite 490
Cleveland, OH 44114
Tel. (216) 912-2221
Fax: (216) 350-6313
Email: jscott@ohiowagelawyers.com
rwinters@ohiowagelawyers.com
kmcdermott@ohiowagelawyers.com
PT NOODLES HOLDINGS: Lopez, Garcia Seek Overtime Wages for Cooks
----------------------------------------------------------------
The case, Sergio Lopez and Javier Garcia, individually, and on
behalf of all others similarly situated, Plaintiff, v. PT Noodles
Holdings, Inc., an Arizona Corporation; PT Noodles LLC, an Arizona
Limited Liability Company; PT Noodles II LLC, an Arizona Limited
Liability Company; PT Noodles III LLC, an Arizona Limited
Liability Company; PT Noodles IV LLC, an Arizona Limited Liability
Company; PT Noodles V LLC, an Arizona Limited Liability Company;
PT Noodles VI LLC, an Arizona Limited Liability Company; PT
Noodles VII LLC, an Arizona Limited Liability Company; PT Noodles
VIII LLC, an Arizona Limited Liability Company; PT Noodles IX LLC,
an Arizona Limited Liability Company; PT Noodles X LLC, an Arizona
Limited Liability Company; PT Noodles-Peoria LLC, an Arizona
Limited Liability Company; PT Pho Express LLC, an Arizona Limited
Liability Company; PT Pho Express 2 LLC, an Arizona Limited
Liability Company; Tien Thanh Nguyen and Jane Doe Nguyen, a Married
Couple; and Wi Nguyen and Jane Doe Nguyen II, a Married Couple,
Defendants, Case No. 2:20-cv-00493-JJT (D. Ariz., March 9, 2020) is
a class action against the Defendants for their unlawful failure to
pay overtime on Plaintiff and others similarly situated in
violation of the Fair Labor Standards Act.
Mr. Lopez was employed by Defendants as a cook earning an hourly
rate of pay while Mr. Garcia was employed as a cook and/or a
supervisor.
PT Noodles Holdings Inc. is a Vietnamese fusion restaurant chain
based in Arizona.
PT Noodles LLC is an Arizona-based authentic Vietnamese
restaurant.
PT Pho Express LLC is a Vietnamese fusion restaurant chain based in
Arizona. [BN]
The Plaintiffs are represented by:
Clifford P. Bendau, II, Esq.
Christopher J. Bendau, Esq.
BENDAU & BENDAU PLLC
P.O. Box 97066
Phoenix, AZ 85060
Telephone: (480) 382-5176
Facsimile: (480) 304-3805
Email: cliffordbendau@bendaulaw.com
chris@bendaulaw.com
PTGMB LLC: Roth Hits Autodialed Telemarketing Calls
---------------------------------------------------
Kelli Roth, individually and on behalf of all others similarly
situated, Plaintiff, v. PTGMB LLC, Defendant, Case No. 20-at-00105
(E.D. Ca., February 12, 2020), seeks statutory damages and any
other available legal or equitable remedies for violations of the
Telephone Consumer Protection Act.
PTGMB LLC operates as Mercedes-Benz of Fresno, an automotive
dealership. It utilized prerecorded messages to place calls to
promote its products and services as part of its marketing
strategy. At no point in time did Roth provide them with his
express written consent to be contacted using an automated dialer,
asserts the complaint. [BN]
Plaintiff is represented by:
Ignacio Hiraldo
IJH LAW
1200 Brickell Ave. Suite 1950
Miami, FL 33131
Telephone: (786) 496-4469
Email: IJHiraldo@IJHLaw.com
- and -
William Litvak, Esq.
DAPEER ROSENBLIT LITVAK, LLP
11500 W. Olympic Blvd. Suite 550
Los Angeles, CA 90064
Tel: (310) 477-5575
Fax: (310) 477-7090
Email: wlitvak@drllaw.com
- and -
Mariam Grigorian, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 400
Miami, FL 33132
Tel: 305-479-2299
Email: mgrigorian@shamisgentile.com
RA SUSHI HOLDING: Fails to Pay Accurate Wages, Henry Claims
-----------------------------------------------------------
SADE HENRY, individually and on behalf of all others similarly
situated; Plaintiff, vs. RA SUSHI HOLDING CORPORATION, RA SUSHI
TOWNE SQUARE CORP., Defendants, Case No. 1:20-cv-20995 (S.D. Fla.)
seeks to recover minimum wages, overtime wages, and other damages
for Plaintiff and her similarly situated co-workers including
servers, bussers, runners, bartenders, and other Tipped Workers who
work or have worked at any RA Sushi restaurant in the United
States.
According to the complaint, the Defendants applied a tip credit
towards the minimum wage rate paid to the Plaintiff for work
performed throughout her employment as a bartender and server. The
Defendants failed to properly notify Henry of the tip credit
provisions of the Fair Labor Standards Act, or of their intent to
apply a tip credit to her wages.
As a result, Defendants did not satisfy the requirements under the
FLSA by which they could apply a tip credit to Henry's wages. As
such, Henry was entitled to receive the full statutory minimum wage
for the first 40 hours per workweek, and time and one half the full
minimum wage rate for all hours worked beyond 40 per workweek.
Moreover, Henry is also entitled to the value of tips
misappropriated to sushi chefs, whom Plaintiffs alleged did not
have sufficient customer interaction to receive tips.
RA Sushi Holding Corporation operates and owns the RA Sushi
Restaurants with over 20 dining-in restaurants in the United
States.
RA Sushi Towne Square Corp. operates and owns the RA Sushi
Restaurants with over 20 dining-in restaurants in the United States
and with principal location in Florida. [BN]
The Plaintiff is represented by:
Brian S. Schaffer, Esq.
Armando A. Ortiz, Esq.
FITAPELLI & SCHAFFER, LLP
28 Liberty 30th Floor
New York, NY 10005
Telephone: (212) 300-0375
Facsimile: (212) 481-1333
Email: aortiz@fslawfirm.com
RADIUS GLOBAL SOLUTIONS: Robrahn Sues Over Debt Collection Letter
-----------------------------------------------------------------
The case CASEY ROBRAHN, individually and on behalf of all others
similarly situated, Plaintiff, vs. RADIUS GLOBAL SOLUTIONS, LLC,
Defendant, Case No. 1:20-cv-00340-WCG (E.D. Wis., March 2, 2020)
arises when the Defendant sent a letter to the Plaintiff with
allegations that the Plaintiff had incurred and defaulted on a
financial obligation owed to Discover Bank.
The alleged debt arose out of one or more transactions in which the
money, property, insurance, or services that were the subject of
the transactions were primarily for personal, family, or household
purposes, namely to pay for a college education.
According to the complaint, the letter, which offered to settle the
Plaintiff's debt for $1,681.50, a discount of $720.59, is
misleading because it suggests that if Plaintiff had accepted the
settlement offer, Discover Bank might file an IRS Form 1099C.
Further, the letter was intended to induce consumers to pay more
than the settlement amount so as to avoid the tax consequences of
accepting the settlement. By referring to Internal Revenue Service
and 1099C form, the Defendant increases the likelihood that the
consumer will pay the full amount of the debt to avoid increased
involvement with, or scrutiny by, the IRS. Upon receiving the
Letter, the unsophisticated consumer will make arrangements to pay
the debt in full, fearing the effects the filing of an IRS Form
1099C would have including possible disqualification from tax
benefits such as the earned income credit, entitlement benefit such
as housing and Social Security benefits.
Radius Global Solutions, LLC is a Minnesota-based company that
engages in the collection of defaulted consumer debts or defaulted
consumer debts owed to others. [BN]
The Plaintiff is represented by:
Francis R. Greene, Esq.
Philip D. Stern, Esq.
Andrew T. Thomasson, Esq.
Katelyn B. Busby, Esq.
STERN THOMASSON LLP
3010 South Appleton Road
Menasha, WI 54952
Telephone: (973) 379-7500
E-mail: Francis@SternThomasson.com
Philip@SternThomasson.com
Andrew@SternThomasson.com
Katelyn@SternThomasson.com
RESIDENTS ENERGY: Davis Sues Over Illegal Telemarketing Calls
-------------------------------------------------------------
Danelle Davis, individually and on behalf of all others similarly
situated, Plaintiffs, v. Genie Retail Energy, Inc. and Residents
Energy LLC, Defendant, Case No. 20-cv-01500 (D. N.J., February 13,
2020), seeks injunctive relief, statutory damages, treble damages
and all other relief for violation of the Telephone Consumer
Protection Act.
Genie Retail Energy offers electricity and natural gas to
residential and commercial customers throughout the U.S. through
Genie Energy Ltd. owned companies including Residents Energy. In
order to solicit business from new consumers, they rely on direct
solicitations to consumers, including making telemarketing calls to
consumers. [BN]
Plaintiff is represented by:
Stefan Coleman, Esq.
LAW OFFICES OF STEFAN COLEMAN, P.A.
201 s. Biscayne Blvd., 28th floor
Miami, FL 33131
Tel: (877) 333-9427
Fax: (888) 498-8946
Email: law@stefancoleman.com
- and -
Avi R. Kaufman, Esq.
KAUFMAN P.A.
400 NW 26th Street
Miami, FL 33127
Tel: (305) 469-5881
Email: kaufman@kaufmanpa.com
SALESFORCE.COM: Davis et al. Sue Over Retirement Plan Fiduciaries
-----------------------------------------------------------------
TIM DAVIS, GREGOR MIGUEL, and AMANDA BREDLOW, individually and on
behalf of all others similarly situated, Plaintiffs, v.
SALESFORCE.COM, INC., BOARD OF DIRECTORS OF SALESFORCE.COM, INC.,
MARC BENIOFF, THE INVESTMENT ADVISORY COMMITTEE, JOSEPH ALLANSON,
STAN DUNLAP, and JOACHIM WETTERMARK, Defendants, Case No.
4:20-cv-01753-DMR (N.D. Cal., March 11, 2020) is a class action by
Plaintiffs and all others similarly situated pursuant to the
Employee Retirement Income Security Act of 1974 for breaches of
fiduciary duties against the Defendants.
The Plaintiffs allege that during the putative Class Period,
Defendants breached the duties they owed to the Salesforce 401(k)
Plan, to Plaintiffs, and to the other participants of the Plan by,
inter alia, (1) failing to objectively and adequately review the
Plan's investment portfolio with due care to ensure that each
investment option was prudent, in terms of cost; and (2)
maintaining certain funds in the Plan despite the availability of
identical or similar investment options with lower costs and/or
better performance histories.
The Defendants also failed to utilize the lowest cost share class
for many of the mutual funds within the Plan, and failed to
consider collective trusts, commingled accounts, or separate
accounts as alternatives to the mutual funds in the Plan, despite
their lower fees.
The Defendants' mismanagement of the Plan, to the detriment of
participants and beneficiaries, constitutes a breach of the
fiduciary duties of prudence and loyalty, in violation of the
Employee Retirement Income Security Act of 1974.
Salesforce.com, Inc. is an American cloud-based software company
headquartered in San Francisco, California. It provides
customer-relationship management service and also sells a
complementary suite of enterprise applications focused on customer
service, marketing automation, analytics, and application
development. [BN]
The Plaintiffs are represented by:
Daniel L. Germain, Esq.
ROSMAN & GERMAIN LLP
16311 Ventura Boulevard, Suite 1200
Encino, CA 91436-2152
Telephone: (818) 788-0877
Facsimile: (818) 788-0885
Email: germain@lalawyer.com
– and -
Mark K. Gyandoh, Esq.
CAPOZZI ADLER, P.C.
312 Old Lancaster Road
Merion Station, PA 19066
Telephone: (610) 890-0200
Email: markg@capozziadler.com
– and -
Donald R. Reavey, Esq.
CAPOZZI ADLER, P.C.
2933 North Front Street
Harrisburg, PA 17110
Telephone: (717) 233-4101
Facsimile: (717) 233-4103
Email: donr@capozziadler.com
SEATTLE CHILDREN'S: Baby Dies of Mold Infection Amid Class Action
-----------------------------------------------------------------
Theresa Braine, writing for New York Daily News, reports that a
5-month-old baby who had battled a mold infection for most of her
short life has died at Seattle Children's Hospital, the seventh
such death there since 2001.
"Elizabeth Vera Hutt gained her wings on her 175th day of life at
4:40 a.m.," her parents, Katie and Micah Hutt, said in a Facebook
post on Feb. 12. "Late last night, Beth told us she was ready."
Elizabeth, born in August 2019 with a heart condition, had
undergone three surgeries, starting when she was five days old,
reported the Seattle Times.
The hospital had closed four operating rooms last May 18 and then
the other 10 on May 24, the Seattle Times reported in November,
after Aspergillus was found during a routine air check. They had
reopened in July.
But later that year, in November, two new Aspergillus infections
prompted another round of closures, this time in three of the ORs,
three days after one of Elizabeth's surgeries, the Seattle Times
said.
The Aspergillus infection took root in the baby's heart, and she
just couldn't fight it off, her parents said.
"Beth is dying," they wrote a few days before the baby passed.
"There's nothing further that the team can provide to give her a
chance at a life beyond the hospital walls."
Just three weeks earlier, the family had joined a class-action
lawsuit against the hospital, which has been plagued with problems
for years.
The hospital shut down its main operating rooms in both May and
November once it detected the mold, which was discovered during a
routine check of the operating rooms and their equipment storage
rooms, a hospital spokesperson told the Daily News back in May
2019.
Aspergillus is a common and usually harmless mold. But its spores
can take root in people with fragile immune systems and underlying
conditions, according to the Mayo Clinic.
Though the family knew that mold had been an issue in the past,
they thought it had been taken care of.
"We went into this situation believing that an issue had been found
and it was fixed," Katie Hutt told the Seattle Times in January.
One patient died and five were infected by the mold infestation
last May.
"Losing a child is incredibly devastating for everyone whose lives
were touched by that child," the hospital said in a statement
obtained by CNN. "Our deepest condolences go out to families and
loved ones who have experienced a loss."
It declined to share further information due to privacy concerns,
the statement said. [GN]
SIMPLEX GRINNELL: Court Certifies Class in Rodriguez Suit
---------------------------------------------------------
In the class action lawsuit styled as BERT RODRIGUEZ v. SIMPLEX
GRINNELL LP, Case No. 1:16-cv-09605 (N.D. Ill.), the Court entered
an order:
1. granting Plaintiff's motion for class certification and
certifying a modified class consisting of:
"all laborers, workers and mechanics employed by Defendant
on behalf of any non-federal public body who installed,
programmed, assembled, disassembled, serviced, repaired,
maintained, tested, or inspected fire alarm, sprinkler
system, and/or other life security system equipment from
October 7, 2011 to the present";
2. appointing Plaintiff's counsel as class counsel; and
3. denying Plaintiff's motion for summary judgment without
prejudice; and
4. denying Defendant's motion for partial summary judgment
without prejudice. The case is set for status on April 9,
2020.
The Court said, "It is clear that the case is suitable for class
treatment under [Fed.R.Civ.P.] Rule 23(b)(3), because common
questions will predominate. The only apparent individual issue in
this case will be damages, but the fact that the plaintiffs might
require individualized relief or not share all questions in common
does not preclude certification of the class. The dominant issues
in this case will be the common issues: whether the work is covered
by the Illinois Prevailing Wage Act, whether ERISA preempts the
fringe benefit claim and whether defendant's settlement with the
Illinois Department of Labor affects this case. These issues will
be more efficiently resolved on a class-wide basis, and the
individual members (who have little incentive to conduct an
expensive suit on their own) will have little interest in
controlling those issues separately. If plaintiffs prevail on those
predominant issues, the Court can handle the individual damages
issues in a subsequent phase. Thus, a class action is a superior
method of fairly and efficiently adjudicating this
controversy."[CC]
STUDENT ASSISTANCE: Court Grants Foley's Class Certification Bid
----------------------------------------------------------------
In the class action lawsuit styled as JENNIFER FOLEY, individually
and as the representative of a class of similarly situated persons
v. STUDENT ASSISTANCE CORP., Case No. 17-C-1702 (E.D. Wisc.), the
Hon. Judge Lynn Adelman entered an order:
1. granting Plaintiff's motion for class certification of:
"all persons in the States of Wisconsin, Illinois, and
Indiana who were the subject of a letter Student Assistance
Corporation sent on or after December 6, 2016, requesting
their email address from a third party";
2. appointing Foley as class representative and appointing her
attorneys, Bock, Hatch, Lewis & Oppenheim, LLC, as class
counsel;
3. directing the parties to move for dispositive relief,
including summary judgment, no later than April 10, 2020;
and
4. directing parties to reevaluate their settlement positions
and to exhaust all efforts to settle this case.
Judge Adelman said, "Defendant argues that the superiority
requirement is not met because plaintiff has failed to establish
that Student Assistance Corporation has a positive net worth. SAC
is no longer in business, has no employees, and does not perform
any function whatsoever as a company, making a class action less
superior to individual litigation because class members would be
entitled to little or no recovery if SAC was found liable. However,
SAC is a subsidiary of Navient Solutions, LLC, and Navient has
'agreed to continue to support the operations and obligations of
SAC, if required, for the foreseeable future.' And, having reviewed
the submitted exhibits, it appears that Navient has assumed all of
SAC's assets and liabilities. It would defeat the purpose of the
class action device to allow a corporation to wrap up operations,
merely shift remaining assets to a parent or other affiliate, and
defeat the superiority requirement by subsequently arguing that
members of a successful class would recover little or no damages.
Beyond this net worth issue, I find that, like many Fair Debt
Collection Practices Act cases, a class action is superior to
individual litigation for reasons of judicial economy and the
small-stakes nature of the claims at issue. Plaintiff has satisfied
the superiority requirement."
On December 5, 2017, the Plaintiff filed this putative class action
under the FDCPA, alleging that Defendant engaged in a form letter
campaign that unlawfully sought debtors' email addresses from third
parties.[CC]
TAMS MANAGEMENT: Fails to Give Timely Layoff Notice, Gautier Says
-----------------------------------------------------------------
JULES GAUTIER, individually and on behalf of all others similarly
situated, Plaintiff v. TAMS MANAGEMENT, INC., PAY CAR MINING, INC.,
BLUESTONE INDUSTRIES, INC., BLUESTONE RESOURCES, INC., and
BLUESTONE COAL CORP., Defendants, Case No. 5:20-cv-00165 (S.D.
W.Va., March 4, 2020) contends that the Defendants fail to provide
their full-time employees with 60-day notice required under the
Worker Adjustment and Retraining Notification Act prior to laying
off more than 50 of those workers, including Plaintiff beginning on
or about October 24, 2019 at the Burke Mountain Mine Complex in
McDowell County, West Virginia.
The Plaintiff and other aggrieved and affected employees
experienced an employment loss because they were separated from
work, without cause, for a period to exceed six months, as a result
of the layoff, which constituted a plant closing at the Burke
Mountain Mine Complex.
Mr. Gautier was a full-time employee and worked for the Defendants
at the coal-mining and preparation site known as the Burke Mountain
Mine Complex.
Tams Management, Inc, is a mining company with principal place of
business in Raleigh County, West Virginia.
Pay Car Mining, Inc. is a mining company with principal place of
business in Raleigh County, West Virginia.
Bluestone Industries, Inc. is a coal mining company with principal
place of business in Raleigh County, West Virginia.
Bluestone Resources, Inc. is a mining company with principal place
of business in Raleigh County, West Virginia.
Bluestone Coal Corp. operates underground and surface mines and
focuses on bituminous coal and lignite surface mining with
principal place of business in West Virginia. [BN]
The Plaintiff is represented by:
Samuel B. Petsonk, Esq.
Petsonk, PLLC
101 Ramey Court
PO Box 1045
Beckley, WV 25802
Telephone: (304) 900-3171
Facsimile: (304) 986-4633
– and -
Aubrey Sparks, Esq.
Bren J. Pomponio, Esq.
Mountain State Justice, Inc.
1217 Quarrier Street
Charleston, WV 25301
Telephone: (304) 344-3144
Facsimile: (304) 344-3145
Email: aubrey@msjlaw.org
bren@msjlaw.org
TANDEM PROFESSIONAL: Boston Sues Over Biometric Privacy Rights
--------------------------------------------------------------
DARRYL BOSTON, individually and on behalf of all similarly situated
individuals, Plaintiff, v. TANDEM PROFESSIONAL EMPLOYER SERVICES
II, INC., an Illinois corporation, Defendant, Case No. 2020CH03020
(Ill. Cir., Cook Cty., March 11, 2020) is a class action by
Plaintiff, on behalf of all similarly situated individuals, against
the Defendant for its violations of the Illinois Biometric
Information Privacy Act and to obtain redress for persons injured
by its conduct.
According to the complaint, the Defendant is capturing, collecting,
disseminating, or otherwise using the biometrics of Plaintiff and
other Class members, without their informed written consent as
required by law, in order to track their time at work using
biometric enabled technology.
The Plaintiff, who worked for Defendant in Chicago, Illinois, was
required to provide biometric scans to Defendant each time he
needed to clock in and clock out of a shift at work.
The Defendant's biometric timekeeping system works by extracting
biometric information from individuals, such as handprints,
fingerprints or portions thereof, and subsequently using the same
for authentication and timekeeping purposes. The system includes
the dissemination of biometrics to third parties, such as data
storage vendors and payroll services.
Tandem Professional Employer Services II, Inc. is a human resource
outsourcing company with operations in the state of Illinois. [BN]
The Plaintiff is represented by:
Andrew T. Heldut, Esq.
Timothy P. Kingsbury, Esq.
MCGUIRE LAW, P.C.
55 W. Wacker Drive, 9th Fl.
Chicago, IL 60601
Telephone: (312) 893-7002
Email: aheldut@mcgpc.com
tkingsbury@mcgpc.com
TESLA INC: Faces Class Action Over Lithium-Ion Battery Car Fires
----------------------------------------------------------------
Nathan Hakakian, writing for The Commentator, reports that on Feb.
3, Tesla's stock jumped 20%, closing at a then-record $780 per
share. However, the following day, the stock was closed at $887 a
share -- a 12% increase from their previous record-setting price.
These stock increases followed the January announcement that Tesla
had become the most valuable U.S. car producer of all-time --
trailing only Toyota globally. Despite this recent success, Tesla
has faced many roadblocks throughout its history, so the sudden
change in fortune came as a shock to many analysts. Why the sudden
increase in optimism surrounding Tesla?
Tesla was founded in 2003 by Martin Eberhard and Marc Tarpenning in
San Carlos, California. A year later, Elon Musk became a primary
investor, pouring $30 million into the company and securing a
position as the chairman of the Board of Directors. After launching
their pilot car, the Roadster, Tesla overhauled their staff and
prepared to go public. In 2010, Tesla IPOed at $17 a share ($226
million market capitalization) despite being very unprofitable.
From 2017 to 2019, Tesla experienced a series of tumultuous events
that caused its stock price to drop.
Internally, CEO Elon Musk has drawn the attention of various
government regulators due to a flurry of questionable tweets. In
February 2018, Musk tweeted "Tesla made 0 cars in 2011 but will
make around 500k in 2019." Following this tweet, the SEC asked a
local judge to hold Musk in contempt, claiming Musk had provided
false information (Tesla only produced 400,000 vehicles in 2019).
Additionally, on April 1, 2018, Musk tweeted "Despite intense
efforts to raise money, including a last-ditch mass sale of Easter
Eggs, we are sad to report that Tesla has gone completely and
totally bankrupt." This April Fool's joke caused shares to drop by
over 5%, reaching a low of $244.59 the next day. Lastly, in August
2018, Musk tweeted that he was looking to take Tesla private at a
price of $82 billion, driving up the stock price to a high of $371
a share. The SEC sued Musk, claiming he had misled investors (Musk
settled the suit). It appeared as if every time Tesla had some
positive momentum, Musk seemingly sabotaged Tesla's growth, leading
to many investors questioning his role as the face of Tesla.
But Twitter wasn't Tela's only source of issues; the company has a
long history of underperforming. In April 2019, Tesla reported a
$702 million loss from the first quarter of 2019. Much of this loss
can be attributed to Tesla's inability to produce the
much-anticipated Model 3 which was supposed to be the car that
introduced the middle class to electric vehicles. At a price of
$35,000 with a 322-mile charge and a 3.2 seconds 0-60 mph
acceleration, the car was competitive with top-notch sedans.
Because of its vast popularity, orders for the Model 3
sky-rocketed, leading to a mismatch in production and deliveries.
Additionally, a class-action suit was brought against Tesla due to
an "alarming number of car fires" caused by damaged lithium-ion
batteries.
The sudden increase in interest amongst investors was a result of
the company's recent release of its 2019 fourth-quarter financials.
Tesla exceeded expectations by generating $7.4 billion in revenue
and $105 million in net profit. Tesla has solved its delivery
issues that plagued them throughout the preceding decade,
delivering 367,500 vehicles in 2019. In addition to these figures,
Tesla also announced that it was ahead of schedule with its
production of the Model Y SUV. The current hope is that the
Shanghai factory, the Gigafactory 3, will help increase sales in
eco-friendly Asia. Tesla has also capitalized on short-selling, as
the growing price has worried investors into buying back their
stock. The panic amongst bearish investors has led to a price hike,
with traders overpaying to buy back shares.Looking forward, there
is much to like about Tesla. The electric vehicle industry is
growing rapidly and Tesla has a sizable head start on the rest of
its competitors. Tesla is creating a collection of cars that appeal
to all drivers: a sedan (Model 3), an SUV (Model X), a luxury
vehicle (Model S) and a compact SUV (Model Y). What remains to be
seen is if Tesla can properly scale. In a late November conference
last year, Musk announced the Cybertruck, an all-electric pickup
truck, which they hope will revolutionize the trucking industry.
Investors were always intrigued by Tesla's potential but just
needed the numbers to validate their beliefs. Tesla has solved most
of its execution problems and will continue to push the boundaries
for electric vehicle production for years to come. [GN]
THESREET INC: Suris Sues in E.D. New York Over Violation of ADA
---------------------------------------------------------------
A class action lawsuit has been filed against Thestreet, Inc. The
case is styled as Yaroslav Suris, on behalf of himself and all
others similarly situated v. Thestreet, Inc. doing business as:
Real Money, Case No. 1:20-cv-01274 (E.D.N.Y., March 9, 2020).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
TheStreet.com is a financial news and financial literacy Web
site.[BN]
The Plaintiff is represented by:
Mitchell Segal, Esq.
LAW OFFICES OF MITCHELL SEGAL P.C.
1010 Northern Boulevard, Suite 208
Great Neck, NY 11021
Phone: (516) 415-0100
Fax: (516) 706-6631
Email: msegal@segallegal.com
TIGER BRANDS: Legal Process Under Way to Determine Liability
------------------------------------------------------------
Naledi Shange and Wendy Knowler, writing for DispatchLive, report
that Tiger Brands has declined to respond in detail to an article
published in the New England Journal of Medicine indicating that
the source of the listeriosis outbreak in SA was its Enterprise
factory in Polokwane, Limpopo.
"There is a legal process currently under way to determine
liability for the outbreak. As a company, Tiger Brands is committed
to following the legal process with honesty and integrity. We hope
for a resolution as soon as possible for all parties concerned,"
company spokesperson Nevashnee Naicker said in a written reply to
TimesLIVE.
The article to which she was reacting fingered the company as being
behind the world's biggest listeriosis outbreak -- in SA.
Authored by 31 scientists, health professionals and academics,
including nine employees of the Centre for Enteric Diseases in the
National Institute of Communicable Diseases (NICD), the article
revealed how "whole genome sequencing" technology overwhelmingly
proved that the source of the outbreak was polony produced by
Enterprise.
The authors, led by Dr Juno Thomas of the NICD, did not name the
source in the article, referring to the Polokwane plant as "the
production facility".
Samples taken from nine children at a Soweto creche who fell ill
and were taken to hospital in mid-January after eating polony
identified a specific strain of listeria monocytogenes ST6, which
was subsequently found in polony in the creche's fridge, sealed
polony loaves at the Polokwane plant and in environmental samples
taken in the plant.
The authors thanked paediatrician Dr Preeteeben Vallabh at Chris
Hani Baragwanath Academic Hospital "for her recognition of the
nursery outbreak" when the children were admitted.
In December 2018, the Johannesburg high court granted an order
certifying a class action against Tiger Brands which should
determine whether the company is liable for the outbreak.
The legal case relies on the fact that the outbreak strain of
listeria monocytogenes, which infected 91% of the people who
died‚ was found at the Polokwane factory.
The class action is being brought by Richard Spoor Attorneys and
LHL Attorneys, with US-based firm Marler Clark as a consultant to
the attorneys, on behalf of those made ill by listeria-tainted
polony and the families of those who lost loved ones.
Three days after the class action was granted, Tiger Brands
announced that its Polokwane plant had been given the green light
by health authorities to reopen, stressing: "No liability has been
established against the company for the listeriosis outbreak.
"The legal process of the class action must still take its
course."
Personal injury lawyer and expert on food-borne illness litigation
Bill Marler of Marler Clark, who is giving the class action lawyers
financial and legal support, told TimesLIVE that contacting the
victims has proved extremely difficult.
"Only about 400 of the affected people -- less than half -- have
come forward so far," Marler said.
That's despite an intensive advertising campaign paid for by Tiger
Brands and Marler on behalf of the class action attorneys.
A neutral, court-appointed company has been tasked with identifying
and contacting the victims on behalf of the NICD.
Marler said the level of detail that the NICD and the World Health
Organisation (WHO) had produced to link the illness with the Tiger
Brands product was "more overwhelming than any food-borne disease
case I've been involved with in 27 years".
The unique features of SA's listeriosis outbreak, according to the
article's authors, was that it happened "in a middle-income country
with a high prevalence of HIV infection and a high fertility
rate".
Of the 937 cases identified, half were associated with pregnancy.
Listeriosis is the most deadly food-borne disease, with 20%-30% of
victims dying from it.
The article noted that the number of cases decreased "dramatically"
after the recall of the implicated Tiger Brands products on March 4
2018. [GN]
TILRAY INC: Ganovsky Sues Over 15.18% Decline in Share Price
------------------------------------------------------------
CHAD GANOVSKY, Individually and On Behalf of All Others Similarly
Situated, Plaintiff, v. TILRAY, INC., BRENDAN KENNEDY, and MARK
CASTANEDA, Defendants, Case No. 1:20-cv-01240 (E.D.N.Y., March 6,
2020) is a class action on behalf of a class consisting of all
persons other than Defendants who purchased or otherwise acquired
Tilray securities between January 15, 2019 and March 2, 2020, both
dates inclusive, seeking to recover damages caused by Defendants'
violations of the federal securities laws and to pursue remedies
under Sections 10(b) and 20(a) of the Securities Exchange Act of
1934 and Rule 10b-5 promulgated thereunder, against the Company and
certain of its top officials.
On March 2, 2020, Tilray issued a press release announcing the
Company's financial results for the fourth quarter and full year
2019. Among other results, Tilray reported a net loss for the year
of $321.2 million, or $3.20 per share, compared to $67.7 million,
or $0.82 per share, for 2018. In addition, Tilray disclosed that
the Company recorded non-cash charges of $112.1 million related to
impairment of the Authentic Brands Group LLC agreement as well as
$68.6 million in inventory reserves.
On this news, Tilray's stock price fell $2.33 per share, or 15.18%,
to close at $13.02 per share on March 3, 2020.
The complaint further contends that the Defendants made materially
false and misleading statements regarding the Company's business,
operational and compliance policies throughout the Class Period.
Specifically, Defendants made false and/or misleading statements
and/or failed to disclose that: (i) the purported advantages of the
ABG Agreement were significantly overstated; (ii) the
underperformance of the ABG Agreement would foreseeably have a
significant impact on the Company's financial results; and (iii) as
a result, the Company's public statements were materially false and
misleading at all relevant times.
Tilray, Inc. is a British Columbia-based company that engages in
the research, cultivation, processing, and distribution of medical
cannabis. The Company offers its products to patients, physicians,
pharmacies, governments, and hospitals, and to researchers for
commercial purposes, as well as compassionate access and clinical
research applications. [BN]
The Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
Email: jalieberman@pomlaw.com
ahood@pomlaw.com
– and –
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
10 South La Salle Street, Suite 3505
Chicago, IL 60603
Telephone: (312) 377-1181
Facsimile: (312) 377-1184
Email: pdahlstrom@pomlaw.com
– and –
Peretz Bronstein, Esq.
BRONSTEIN, GEWIRTZ & GROSSMAN, LLC
60 East 42nd Street, Suite 4600
New York, NY 10165
Telephone: (212) 697-6484
Facsimile: (212) 697-7296
Email: peretz@bgandg.com
TIVO CORPORATION: Smith Suit Challenges Merger With Xperi Corp
--------------------------------------------------------------
Gary Smith, Individually and on Behalf of All Others Similarly
Situated v. TIVO CORPORATION, JAMES E. MEYER, RAGHAVENDRA RAU, EDDY
W. HARTENSTEIN, DANIEL M. MOLONEY, ALAN L. EARHART, LAURA J. DURR,
GLENN W. WELLING, DAVID M. SHULL and LORIA B. YEADON, Case No.
1:20-cv-02104 (S.D.N.Y., March 9, 2020), is brought on behalf of
the public holders of the common stock of TiVo against the
Defendants for their violations of the Securities Exchange Act of
1934 in connection with the proposed merger between TiVo and Xperi
Corporation to become wholly owned subsidiaries of a newly formed
corporation, XRAY-TWOLF Holdco Corporation.
On December 18, 2019, the board of directors caused the Company to
enter into an agreement and plan of merger, pursuant to which the
Company's shareholders stand to receive 0.455 shares of HoldCo
common stock for each share of TiVo stock they own (the "Merger
Consideration"). Upon completion of the merger, TiVo shareholders
will own approximately 53.5% and Xperi shareholders will own
approximately 46.5% of the common stock outstanding.
On February 18, 2020, in order to convince TiVo shareholders to
vote in favor of the Proposed Transaction, the Board authorized the
filing of a materially incomplete and misleading Form S-4
Registration Statement with the Securities and Exchange Commission,
in violation of the Exchange Act, the Plaintiff alleges. While
touting the fairness of the Merger Consideration to the Company's
shareholders in the S-4, the Plaintiff contends that the Defendants
have failed to disclose certain material information that is
necessary for shareholders to properly assess the fairness of the
Proposed Transaction, thereby, violating SEC rules and regulations
and rendering certain statements in the S-4 materially incomplete
and misleading.
In particular, the Plaintiff says, the S-4 contains materially
incomplete and misleading information concerning: (i) the financial
projections for the Company that were prepared by the Company and
relied on by Defendants in recommending that TiVo shareholders vote
in favor of the Proposed Transaction; and (ii) the summary of
certain valuation analyses conducted by TiVo's financial advisor,
LionTree Advisors LLC in support of its opinion that the Merger
Consideration is fair to shareholders, on which the Board relied.
The Plaintiff, a holder of TiVo common stock, seeks to enjoin the
Defendants from holding the shareholder vote on the Proposed
Transaction and taking any steps to consummate the Proposed
Transaction unless, and until, the material information discussed
below is disclosed to TiVo shareholders sufficiently in advance of
the vote on the Proposed Transaction or, in the event the Proposed
Transaction is consummated, to recover damages resulting from the
Defendants' violations of the Exchange Act.
TiVo provides a broad set of cloud-based services, embedded
software solutions and intellectual property that bring
entertainment together for the watchers, creators and
advertisers.[BN]
The Plaintiff is represented by:
Nadeem Faruqi, Esq.
James M. Wilson, Jr., Esq.
FARUQI & FARUQI, LLP
685 Third Avenue, 26th Floor
New York, NY 10017
Phone: 212-983-9330
Facsimile: 212-983-9331
Email: nfaruqi@faruqilaw.com
jwilson@faruqilaw.com
TRANS UNION LLC: Faces Deaton Suit Over Erroneous Consumer Reports
------------------------------------------------------------------
KIMBERLY DEATON, on behalf of herself and all others similarly
situated, Plaintiff, v. TRANS UNION, LLC, Defendant, Case No.
2:20-cv-01380 (E.D. Pa., March 11, 2020) is a consumer class action
by Plaintiffs on behalf of consumers throughout the U.S. for actual
and statutory damages for violations of the Fair Credit Reporting
Act.
The complaint focuses on Tran Union's erroneous reporting of
account information and received investigation results from Trans
Union that failed to: (i) provide the consumer with the correct
name and address of the business that furnished the inaccurate
information and conducted the investigation into the consumer's
dispute, and (ii) provide the consumer with notice that, if
requested by the consumer, Trans Union would provide the consumer
with the correct name and address of the business that furnished
the inaccurate information and conducted the investigation into the
consumer's dispute.
The inaccurate information of which Plaintiff complains includes
accounts, or trade-lines, named United Student Aid Funds, with
truncated account numbers: (i) 1945012***; (ii) 2945012***; and,
(iii) 3945012***. Plaintiff asserts that the disputed accounts were
discharged in or around 2014, due to disability and, as a result,
any indebtedness against the accounts was cancelled. This
inaccurate information negatively reflects upon Plaintiff,
Plaintiff's credit repayment history, Plaintiff's financial
responsibility as a debtor and Plaintiff's credit worthiness.
Further, Trans Union deprived Plaintiff of fundamental information
necessary to dispute the inaccurate information with the correct
business entity by failing to apprise Plaintiff of the fact that
Navient Education Loan Corporation not United Student Aid Funds was
the business entity responsible for furnishing the inaccurate
information and the business entity responsible for investigating
Plaintiff’s disputes. [BN]
The Plaintiff is represented by:
James A. Francis, Esq.
FRANCIS MAILMAN SOUMILAS, P.C.
1600 Market Street, Suite 2510
Philadelphia, PA 19103
Telephone: (215) 735-6000
E-Mail: jfrancis@consumerlawfirm.com
– and –
David M. Marco, Esq.
SMITHMARCO, P.C.
55 W. Monroe Street, Suite 1200
Chicago, IL 60603
Telephone: (312) 546-6539
Facsimile: (888) 418-1277
E-Mail: dmarco@smithmarco.com
TREASURE ISLAND: Urban Transformation Underway Amid Class Action
----------------------------------------------------------------
Amy Graff, writing for SFGate, reports that urban transformation is
coming to Treasure Island.
The low-lying artificial island in the middle of San Francisco Bay
is the site of a $6 billion development project led by the City of
San Francisco and private developers to create a new,
environmentally sustainable neighborhood with condos, a hotel,
retail and parks. In 20 years, more than 20,000 residents could
inhabit the 405-acre expanse connected to Oakland and San Francisco
by the Bay Bridge.
"We are creating an entirely new community of 8,000 homes," said
Chris Meany, co-founder of Wilson Meany, which is overseeing
development of Treasure Island. "More than one of every four is
slated to be affordable. We are creating ferry service between the
island and the city. We are creating nearly 300 acres of open
space, the largest addition of park space to the city since Golden
Gate Park." (See plans for the future Treasure Island in the
gallery above.)
Treasure Island was built to host the 1939 Golden Gate
International Exposition, celebrating construction of the Bay
Bridge. The Army Corps of Engineers dredged mud and sand from the
bay and piled it on top of the shoals north of the natural Yerba
Buena Island. During World War II, the island was converted to a
naval station. The Navy left in 1997, and shortly afterwards plans
were put into action to bring more people to the island.
Meany said work is progressing on infrastructure improvements such
as streets and utilities. Steps have been taken to stabilize the
land and raise it to guard against sea-level rise. Existing soils
have been consolidated to prevent liquefaction in an earthquake and
more dirt has been added to support taller buildings with deeper
foundations.
In January, dozens of current and former Treasure Island residents
filed a class-action lawsuit claiming authorities lied for years
about the extent of radioactive contamination there. But Meany said
about 70 percent of the island has been cleaned up and deemed
suitable for development by regulators. The remaining 30 percent is
still being remediated by the Navy, which he says consists of
finishing up the removal of radium-based paint the Navy used on
small deck markers -- radioluminescent disks to provide low-level
light -- that were discarded on the northwest part of the island.
"The radiation emitted by those deck markers is above background
levels on the island, so they must be removed," he said. "The Navy
and public health agencies say the level of radiation is not
harmful to human health. We rely on the regulatory entities and our
own environmental engineers, and we would be insane to build a
community on land that is dangerous to human health. Consultants to
the Navy, city, state and our development group say there is no
scientific or medical evidence that environmental conditions at
Treasure Island are any more of a threat to human health than
anywhere else in the city."
He added: "If there's anything that has frustrated me about the
development of Treasure Island, it's the amount of misinformation
and hysteria around the environmental cleanup."
ALSO: Three-bedroom condos selling for $3 million in new Yerba
Buena Island development
Three housing developments began construction this year on the
neighboring rocky hump of Yerba Buena Island. While Treasure Island
will be developed with more dense housing and commercial space, 75
percent of Yerba Buena Island will remain as open space.
The Bristol is a single, mid-rise building with condos facing the
East Bay and offering sweeping views of the Bay Bridge. The Flats
consists of multiple single-story buildings, with fewer than 10
units in each building. Some face San Francisco, others the East
Bay. The Townhomes offers vertical living in multi-floor units,
providing the feeling of a single-family home. Pricing for the
Flats and Townhomes isn't available yet. Together, the three luxury
housing projects will offer 266 residences.
The first pricing was released for the Bristol: Studios will list
for $800,000, one-bedroom condos $1 million, two-bedroom condos
$1.7 million and three-bedrooms $3 million. Residences range in
size from 630 to 2,248 square feet. Sales will begin in spring and
move-ins are on track for mid-2021. [GN]
TRIUMPH AEROSTRUCTURES: Faces Schneider Suit Over Denied Benefits
-----------------------------------------------------------------
Thomas Schneider, Individually, and for others similarly situated
v. TRIUMPH AEROSTRUCTURES VOUGHT AIRCRAFT DIVISION PENSION PLAN,
Case No. 3:20-cv-00592-K (N.D. Tex., March 9, 2020), seeks to
recover damages under the Employee Retirement Income Security Act
arising from the Plan's alleged practice to unjustifiably deny
benefits, to which Plan participants are entitled, based on
incorrect determinations as to the applicability to them of certain
benefit freezes under the Plan.
The Plaintiff retired from Triumph as of February 1, 2018, and
began to receive monthly retirement benefit payments under the
Plan. Such payments were calculated as if the Plaintiff had retired
on May 31, 2013. By letter dated April 23, 2018, the Plaintiff
contested the calculation of his retirement benefit at $4,773.31.
By letter dated July 19, 2018, Triumph denied the Plaintiff's claim
to an increased monthly retirement benefit amount. By letter dated
October 9, 2018, the Plaintiff appealed the July 19, 2018 denial.
By letter dated December 11, 2018, Triumph denied the October 19,
2018 appeal.
After December 11, 2018, the Plaintiff sought reconsideration of
the December 11, 2018 denial on the ground that the summary
description for the Plan dictated a March 1, 2015 freeze date, not
a May 31, 2013 freeze date. The summary plan description makes a
participant's benefit freeze date March 1, 2015 of "you were not
affected by any other freezes outlined in the summary plan
description, and you have 30 or more years of benefit services in
March 1, 2015."
As a result of difference between the monthly retirement benefit to
which the Plaintiff is claimed to be entitled and that to which he
would be entitled if his monthly retirement benefit was correctly
computed, the Plan, assuming his receipt of a benefit for a
reasonable period of time actuarially, would ultimately pay less to
the Plaintiff than it would if it had made payment of the correct
benefit amount, according to the complaint. The same discrepancy is
necessarily true for any other participant under the Plan provided
a benefit based on an incorrect determination of the applicability
of benefit freezes. If such incorrect determinations were upheld,
the Plaintiff and the other participants in the Plan would be
unjustly treated and the Plan unjustly enriched, says the
complaint.
The Plaintiff is a participant in the Plan as a former employee of
the sponsor of the Plan, Triumph Group, Inc., and certain
predecessors-in-interest.
The Defendant is an employment benefit plan.[BN]
The Plaintiff is represented by:
Robert E. Goodman, Esq.
KILGORE & KILGORE PLLC
3019 Carlisle Street
Dallas, TX 75204
Phone: (214) 379-0831
Telecopy: (214) 379-0840
TRONOX INC: Legal Malpractice Suit v Montgomery McCracken Junked
----------------------------------------------------------------
Bankruptcy Judge Michael E. Wiles dismissed with prejudice the
amended complaint filed by plaintiff Stanley Waleski against the
defendants in the case captioned STANLEY WALESKI, on his own behalf
and on behalf of all others similarly situated, Plaintiff, v.
MONTGOMERY, McCRACKEN, WALKER & RHOADS, LLP, et al., Defendants,
Adv. Pro. No. 19-01087 (MEW) (Bankr. S.D.N.Y.).
Mr. Waleski filed the lawsuit on his own behalf and on behalf of a
purported class of persons who claim they were injured by exposures
to chemicals that were released from a plant in Avoca,
Pennsylvania. Plaintiff alleges that Montgomery, McCracken, Walker
& Rhoads, LLP committed legal malpractice in its representation of
Mr. Waleski and the Avoca Plaintiffs during the bankruptcy cases of
Tronox Incorporated and its affiliates and that as a result, the
Avoca Plaintiffs' recoveries were less than they should have been.
Two individual defendants were named in the original Complaint but
have since been dropped from the action.
The Avoca Plaintiffs are 4,362 individuals who claim they were
poisoned or sickened by releases of toxic and carcinogenic
chemicals, including creosote, from a plant in Avoca, Pennsylvania.
They hired the Powell Law Group, P.C. during the early 2000s to
pursue personal injury claims against Kerr-McGee Corporation and
its affiliates, which had owned and operated the Avoca plant.
Thereafter, certain Kerr-McGee entities transferred assets to a
newly-formed company that the parties have referred to as "New
Kerr-McGee," leaving certain assets (and tort liabilities) with the
"Old" Kerr-McGee companies. The "Old" Kerr-McGee entities, now
renamed as Tronox, Inc. and its affiliates, later filed bankruptcy
petitions in this Court on Jan. 12, 2009, which stayed the pending
personal injury cases.
After the bankruptcy filing, the Powell Firm contracted with MMWR
to represent the Avoca Plaintiffs during the Tronox bankruptcy
cases. To that end the Powell Firm entered into a Contingent Fee
Agreement with MMWR, dated Jan. 27, 2009. The Contingent Fee
Agreement provided that MMWR "will, in a manner to be mutually
agreed with [the Powell Firm]," represent the interests of the
Avoca Plaintiffs in the Tronox bankruptcy proceeding, and "shall
proceed in the Tronox Bankruptcy in such manner as [the Powell
Firm] and [MMWR] shall both agree."
Plaintiff alleges that MMWR should have filed claims on behalf of
the Avoca Plaintiffs in the aggregate amount of more than $5.3
billion, but that MMWR did not do so. Instead, MMWR overruled
concerns expressed by other counsel and filed the claims in
"unknown" amounts. In the late fall of 2010, MMWR allegedly
instructed the Avoca Plaintiffs' other counsel to "fit all of the
Avoca Plaintiffs' claims into a payout matrix with allocations for
each disease category so that the claims would total $852,476,000,
which was an artificial, understated, unexplained and targeted
amount."
On January 15, 2014, the trustee of the Tronox Trust issued a
report showing claims to be paid by the Trust. The report showed
that the Avoca Plaintiff's claims had been allowed in the aggregate
amount of approximately $949 million. Ultimately, a total of $618
million was allotted for the satisfaction of Non-Asbestos Toxic
Exposure Claims under the Trust. The Avoca Plaintiffs received
their pro rata shares (a total of $329,693,120) in compensation for
their claims.
The class suit was filed in the Court of Common Pleas in Luzerne
County, Pennsylvania. It was removed from the Pennsylvania state
court to the District Court for Middle District of Pennsylvania.
Plaintiff filed a motion to remand the case to the state court, and
the defendants filed a motion to transfer the case to the Southern
District of New York. The Pennsylvania District Court granted the
transfer motion but declined to decide the remand motion so that it
could instead be resolved by the Bankruptcy Court following the
transfer. The Bankruptcy Court later issued its Memorandum Decision
Denying Plaintiffs' Motion for Remand or Abstention, dated July 18,
2019. On that same day the Court entered an Order that denied
Plaintiffs' motion for remand and/or abstention.
Prior to the transfer of the case, the defendants filed a motion to
dismiss the complaint for failure to state a cause of action. Among
the arguments asserted by the defendants was that Plaintiff's
claims are barred by the applicable statute of limitations. The
orders entered by the District Court in Pennsylvania had stayed
further action on the motion to dismiss; after the transfer the
parties did not take further action to obtain a hearing on the
motion, and the prior stay remained in place. However, Plaintiff
filed a separate motion seeking permission to file an amended
complaint. MMWR opposed the motion to amend, arguing that an
amendment would be futile because the proposed amended complaint
could not survive a motion to dismiss. In its opposition papers
MMWR reiterated its argument that the claims are time-barred.
The malpractice action was filed on April 11, 2018. MMWR argued
that Plaintiff's claims are in reality tort claims (not breach of
contract claims) and that the claims therefore are barred by
Pennsylvania's two-year statute of limitations for tort claims.
Alternatively, MMWR argued that, even if Plaintiff were entitled to
assert breach of contract claims, those claims accrued prior to
April 11, 2014, and therefore they are barred by Pennsylvania's
four-year statute of limitations for contract claims. The
Bankruptcy Court agrees with both contentions.
In this case the only contract cited in the Amended Complaint is
the Contingent Fee Agreement between MMWR and the Powell Firm.
There is not a single allegation in the Amended Complaint that
alleges a breach of a specific undertaking in that contract.
Instead, Plaintiff alleges that "[t]he parties' agreement included
the implied promise and legal mandate that [MMWR] would zealously,
competently and diligently represent the interests of the
Plaintiffs. There is no provision in the Contingent Fee Agreement
that governs the manner in which proofs of claim would be filed, or
the representations that Defendant could undertake, or the
circumstances under which MMWR could terminate its representation.
The gist of Plaintiff's claims is that MMWR violated professional
standards of care -- not that MMWR violated a contract. The
contract merely established a relationship between the parties. It
is tort law (not contract law) that defined the duties of care to
be followed by MMWR in performing its work, and the alleged
violations of those duties of care constitute tort claims, not
contract claims.
Plaintiff argues that rulings about the "gist of the action"
require the resolution of factual issues and can only be made by a
jury at trial. According to the Bankruptcy Court, the Bruno
decision contemplates that a court should determine the correct
character of a claim based on the pleadings. Bruno v. Erie Ins.
Co., 106 A.3d at 68 (Pa. 2014) (holding that "the underlying
averments supporting the claim in a plaintiff's complaint" are the
"determinative factor" in deciding "whether the claim is truly one
in tort, or for breach of contract.") In any event, Plaintiff has
not identified any factual issues that need to be resolved, and the
Court can think of none.
The Bankruptcy Court, therefore, concludes that the allegations in
the Amended Complaint assert tort claims, not contract claims, and
that the claims are barred by Pennsylvania's two-year statute of
limitations. Even if the Amended Complaint properly asserted
breach of contract claims, and even if a four-year statute of
limitations applied, the claims asserted in the Amended Complaint
would still be time-barred.
Under Pennsylvania law, the time within which an action must be
commenced is computed "from the time the cause of action accrued."
An action accrues "when the plaintiff could have first maintained
the action to a successful conclusion." The alleged breaches of
duty described in the Amended Complaint all could have been
ascertained from public events and filings that occurred no later
than mid-February 2011. Plaintiff's April 11, 2018 effort to assert
contract claims based on those matters is barred by the statute of
limitations.
A copy of the Court's Memorandum Decision dated Feb. 21, 2020 is
available at https://bit.ly/32u3AbD from Leagle.com.
Stanley Waleski, on his own behalf and on behalf of all others
similarly situated, Plaintiff, represented by Richard G. Haddad,
Otterbourg Steindler Houston & Rosen P.C, Scott Michael Hare, Law
Office of Scott M. Hare, Ashley Keller, Keller Lenkner LLC, Travis
D. Lenkner -- tdl@kellerlenkner.com.-- Keller Lenkner LLC & Seth
Meyer -- sam@kellerlenkner.com -- Keller Lenkner LLC.
Montgomery, McCracken, Walker & Rhoads, LLP, Natalie D. Ramsey &
Leonard A. Busby, Defendants, represented by Daniel Brier --
dbrier@mbk.law.com -- Myers Brier & Kelly, LLP, Suzanne Conaboy --
sconaboy@mbklaw.com -- Myers, Brier & Kelly, LLP, Robert P. Johnson
-- Rob.Johnson@ThompsonHine.com -- Thompson Hine LLP, Barry M.
Kazan -- Barry.Kazan@ThompsonHine.com -- Thompson Hine LLP, Emily
G. Monitor, Thompson Hine LLP, Emily Montion --
Emily.Montion@ThompsonHine.com -- Thompson Hine LLP & Donna A.
Walsh, Myers Brier & Kelly, LLP.
About Tronox Inc.
Tronox Inc., a/k/a New-Co Chemical, Inc., and 14 other affiliates
filed for Chapter 11 protection (Bankr. S.D.N.Y. Case No. 09-10156)
on Jan. 13, 2009, before Hon. Allan L. Gropper. Richard M. Cieri,
Esq., Jonathan S. Henes, Esq., and Colin M. Adams, Esq., at
Kirkland & Ellis LLP in New York, represented the Debtors. The
Debtors also tapped Togut, Segal & Segal LLP as conflicts counsel;
Rothschild Inc. as investment bankers; Alvarez & Marsal North
America LLC, as restructuring consultants; and Kurtzman Carson
Consultants served as notice and claims agent.
An official committee of unsecured creditors and an official
committee of equity security holders were appointed in the cases.
The Creditors Committee retained Paul, Weiss, Rifkind, Wharton &
Garrison LLP as counsel.
On Nov. 17, 2010, the Bankruptcy Court confirmed the Debtors' First
Amended Joint Plan of Reorganization under Chapter 11 of the
Bankruptcy Code, dated Nov. 5, 2010. Under the Plan, Tronox
reorganized around its existing operating businesses, including its
facilities at Oklahoma City, Oklahoma; Hamilton, Mississippi;
Henderson, Nevada; Botlek, The Netherlands and Kwinana, Australia.
UNITED STATES: Calhoun et al. Seek to Certify Class of Veterans
---------------------------------------------------------------
In the class action lawsuit styled as WALTON CALHOUN, EDWARD COWEN,
and JOHN DOE, on behalf of themselves and all other individuals
similarly situated; and NATIONAL VETERANS LEGAL SERVICES PROGRAM,
v. RYAN D. MCCARTHY, in his official capacity as Secretary of the
Army; BARBARA BARRETT, in her official capacity as Secretary of the
Air Force; and THOMAS MODLY, in his official capacity as Secretary
of the Navy, Case No. 1:19-cv-03744-EGS (D. D.C.), the Plaintiffs
move the Court for an order certifying this case as a class action,
with the class consisting of all veterans who:
1. Submitted an application to one of the Correction Boards
after June 12, 2012 and through the time when class notice
may be given;
2. Are still awaiting a decision from one of the Correction
Boards;
3. Have not received a final decision from a Correction Board
with respect to such application within 18 months of the
Correction Board's receipt of the application; and
4. Submitted applications that were not excluded by the
Secretary of the applicable military department from the
timeliness standards pursuant to 10 U.S.C. section 1557(c)
due to the Secretary determining such applications warranted
a longer period of consideration.
The Plaintiff asks Court for an order appointing Orrick, Herrington
& Sutcliffe LLP as class counsel.
The United States Army is the land warfare service branch of the
United States Armed Forces. The United States Navy is the naval
warfare service branch of the United States Armed Forces. The
United States Air Force is the aerial warfare service branch of the
United States Armed Forces.[CC]
Attorneys for the Plaintiffs are:
John "Jay" Jurata, Jr., Esq.
Shane McCammon, Esq.
Michael J. Buchanan, Esq.
Matthew D. LaBrie, Esq.
Rene Kathawala, Esq.
Frank N. Zalom, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
Columbia Center
1152 15th Street, N.W.
Washington, D.C. 20005-1706
Telephone: (202) 339-8400
Facsimile: (202) 339-8500
E-mail: jjurata@orrick.com
smccammon@orrick.com
mbuchanan@orrick.com
mlabrie@orrick.com
rkathawala@orrick.com
fzalom@orrick.com
- and -
Barton F. Stichman, Esq.
Rochelle Bobroff, Esq.
NATIONAL VETERANS LEGAL SERVICES PROGRAM
1600 K Street, N.W., Suite 500
Washington, DC 20006-2833
Telephone: (202) 621-5677
Facsimile: (202) 328-0063
E-mail: bart@nvlsp.org
rochelle@nvlsp.org
UNIVERSAL MUSIC: Responds to Class Action Over 2008 Vault Fire
--------------------------------------------------------------
Kelly Tucker, writing for mxdwn.com, reports that Universal Music
Group claims that alleged damages sustained in a 2008 vault fire as
"meritless" amid confirmation that original master tapes or other
recordings belonging to 19 artists were either damaged or destroyed
in the blaze. Some of the artists impacted by the fire include
Elton John, Nirvana, Sheryl Crow, Soundgarden, Beck, R.E.M., Sonic
Youth, Peter Frampton and Michael McDonald. Times reporter Jody
Rosen who wrote about the fire in 2019, described it as "the
biggest disaster in the history of the music business," but you
wouldn't know that by the reporting on it at the time.
In a statement responding to the latest legal filing, a
spokesperson for UMG focused on the artists and estates leading the
class action suit, saying, "The plaintiffs' lawyers have already
been informed that none of the masters for four of their five
clients were affected by the fire, and the one other client was
alerted years earlier and UMG and the artist, working together,
were still able to locate a high-quality source for a reissue
project."
The UMG spokesperson continued: "Recognizing the lack of merit of
their original claims, plaintiffs' attorneys are now willfully and
irresponsibly conflating lost assets (everything from safeties and
videos to artwork) with original album masters, in a desperate
attempt to inject substance into their meritless legal case. Over
the last eight months, UMG's archive team has diligently and
transparently responded to artist inquiries, and we will not be
distracted from completing our work, even as the plaintiffs'
attorneys pursue these baseless claims."
In 2019, the New York Times published a report detailing how UMG
allegedly downplayed the fire and the company's losses. The vault
was the main West Coast storage space for UMG's master recordings,
the original recordings upon which all subsequent copies are copied
from. A master recording is a song in its original form. The vault
also included multi-track recordings, the version of a song which
includes all of the isolated instruments and vocals, as well as
session recordings that were never released.
Following the Times report, Soundgarden, Tom Petty's ex-wife Jane,
Steave Earle and the estate of Tupac Shakur filed a class action
suit on behalf of all artists who may have been affected. UMG, in
turn, has maintained that the damages were not that significant and
filed a motion to dismiss the suit. The label has also embarked on
a massive archival project to ensure artists know whether or not
their recordings were affected.
In response, Howard King, an attorney for the artists leading the
class action suit, said, "For almost 10 years, UMG concealed from
their artists that their most precious assets were lost in the fire
and that UMG had collected millions of dollars for those losses,
money that should have been shared with the creators of those
master recordings. Once UMG cashed in, they apparently discontinued
efforts to confirm the magnitude of lost assets, at least until
this lawsuit was filed."
The confirmation of the 19 artists who lost some recordings in the
fire appeared in a part of the filing that quotes an alleged UMG
response to a discovery query. The reply states, for instance, that
"certain original master recordings" belonging to John, Beck,
Nirvana, Bryan Adams and Y&T were "affected" by the fire, but that
UMG had replacements and/or safety copies for all affected
recordings (for John, the label said it was "still working with the
artist to determine the extent of such impact"). There were several
artists, Michael McDonald, Sonic Youth, Peter Frampton, Slayer and
Les Paul, whose recordings were either damaged or destroyed with no
mention of any back-ups or safety copies. [GN]
URGENTCARE2GO.COM LLC: Collins Seeks OT Pay for Medical Assistants
------------------------------------------------------------------
KEYONA COLLINS, On Behalf of Herself and All Others Similarly
Situated, Plaintiff, V. URGENTCARE2GO.COM, LLC, Defendant, Case No.
3:20-cv-00561-S (N.D. Tex., March 5, 2020) is a class action
against the Defendant for its failure to pay Plaintiff time and
one-half her regular rate of pay for all hours worked over 40
during each seven day workweek.
Collins was employed as a medical assistant for Defendant in Dallas
County, Texas from approximately August 6, 2019 to approximately
mid-January 2020.
UrgentCare2go.com, LLC is a Texas-based company which provides
mobile medical services to its customers in the respective
customer's home or other places designated by the customer. [BN]
The Plaintiff is represented by:
Allen R. Vaught, Esq.
Nilges Draher Vaught PLLC
1910 Pacific Ave., Suite 9150
Dallas, TX 75201
Telephone: (214) 251-4157
Facsimile: (214) 261-5159
Email: avaught@txlaborlaw.com
US HEALTH ADVISORS: Hobbs Sues Over Illegally Faxed Ads
-------------------------------------------------------
Keith Hobbs, individually and on behalf of all others similarly
situated, Plaintiff, v. US Health Advisors, LLC and Does 1 through
10, inclusive, Case No. 20-cv-60347 (S.D. Fla., February 17, 2020),
seeks injunctive relief, statutory damages and any other available
legal or equitable remedies for violations of the Telephone
Consumer Protection Act.
US Health promotes its services using an automatic telephone
dialing system wherein they sent faxed advertisements to unknowing
receipients. Hobbs is on the National Do-Not-Call Registry and
claims to have received such faxes. [BN]
Plaintiff is represented by:
Scott Wellikoff, Esq.
Adler Wellikoff, Esq.
ADLER WELLIKOFF PLLC
1300 N. Federal Highway, Suite 107
Boca Raton, FL 33432
Phone: (561) 923-8600
Email: swellikoff@adwellgroup.com
WAG LABS: Court Certifies Settlement Class in Darsey Suit
---------------------------------------------------------
In the class action lawsuit styled as GARY D. DARSEY, individually,
and on behalf of himself and all others similarly situated v. WAG
LABS, INC., et al., Case No. 2:17-cv-07014-FMO-JPR (C.D. Cal.), the
Hon. Judge Fernando M. Olguin entered an order:
1. granting Plaintiff's motion for final approval of class
action settlement;
2. granting final approval to the parties' stipulation of
settlement of class action and release of claims and the
amendment to stipulation of settlement of class action and
release of claims
3. granting Plaintiff's motion for approval of attorney's fees
and costs, and request for incentive award for class
representative;
4. certifying settlement class;
"all individuals who performed dog walks in California
during the Settlement Class Period September 22, 2013,
through the date of preliminary approval] using the Wag app"
5. approving form, manner, and content of the class notice;
6. approving service payment of $5,000 to Gary D. Darsey in
accordance with the terms of the Settlement Agreement;
7. approving payment of $375,000.00 in attorney's fees, and
$5,420.40 in costs to Class counsel;
8. approving payment to Claims Administrator for its fees and
expenses in accordance with the terms of the Settlement
Agreement; and
9. approving payment to LWDA of $37,500 pursuant to the
Settlement Agreement.
The Court said, "In its order granting preliminary approval, the
court certified the class pursuant to Rule 23(b)(3). Because
circumstances have not changed, the court hereby affirms its order
certifying the class for settlement purposes under Rule 23(e).
Accordingly, the Court need not find anew that the settlement class
meets the certification requirements of Rule 23(a) and (b)."
This case arises from allegations that Defendants, who operate a
website and mobile app that allows dog owners to reserve and
purchase dog walking services, misclassified its dog walkers as
independent contractors.[CC]
WEBSTER & SONS: Castellanos Seeks Overtime Pay, Reimbursements
--------------------------------------------------------------
Rosa Castellanos, on behalf of herself and others similarly
situated, Plaintiff, v. Webster & Sons Trucking, Inc., Alex Webster
and Tatiana Webster, Defendants., Case No. 20-cv-00457, (D.C.,
February 18, 2020), seeks to recover unpaid minimum wage
compensation, unpaid overtime wage compensation, liquidated
damages, prejudgment and post-judgment interest and/or attorneys'
fees and costs pursuant to the Fair Labor Standards Act, the D.C.
Minimum Wage Revision Act, the D.C. Wage Payment and Collection
Law, the Maryland Wage and Hour Law and the Maryland Wage Payment
and Collection Law.
Webster & Sons Trucking, Inc. is a Virginia corporation that
provides commercial cleaning and trash removal services to
businesses in the Washington, D.C. metropolitan area where
Castellanos was employed as a cleaning worker from March 2018 to
November 29, 2018. Webster & Sons allegedly did not pay Castellanos
compensable work time spent receiving work instructions at the
office each morning, traveling to the first worksite, waiting to
travel to another worksite, traveling between worksites during the
course of the workday, traveling to and from the dump, unloading
waste at the dump, and cleaning waste hauling trucks. Castellanos
also purchased uniforms and tools required to perform her job
including a cloth to clean glass, a safety vest, gloves, a knife
for removing old paint and a dust mask but these were not
reimbursed by her employer, asserts the complaint. [BN]
Plaintiff is represented by:
Matthew K. Handley, Esq.
Rachel Nadas, Esq.
HANDLEY FARAH & ANDERSON PLLC
777 6th Street NW, 11th Floor
Washington, DC 2001
Tel: (202) 559-2411
Fax: (844) 300-1952
Email: mhandley@hfajustice.com
- and -
Kristin Fisher Donovan, Esq.
LEGAL AID JUSTICE CENTER
6066 Leesburg Pike, Suite 520
Falls Church, VA 22041
Tel: (571) 620-5261
Fax: (703) 778-3454
Email: kristin@justice4all.org
WEST VIRGINIA: Gov. to Hire 87 CPS Workers Amid DHHR Class Action
-----------------------------------------------------------------
Taylor Stuck and Amerlia Ferrell, writing for Herald-Dispatch,
report that in his State of the State address in January to kick
off the current legislative session, West Virginia Gov.
Jim Justice at one point zeroed in on the state's ongoing shortage
of Child Protective Services workers.
The governor, vowing the state would strive to have the best child
welfare system in the nation, said he'd hire 87 CPS workers to be
out in the field. They'd be tasked with investigating child abuse
allegations and determining if a child should be removed from their
parents' home. They'd be on the front lines of the state's opioid
epidemic, since the majority of West Virginia's child removals are
linked to neglect and drug abuse.
"We've got a real problem," Justice told the audience. "And we've
got to own up to it and step up to the plate and do something about
it."
Some in the Legislature are also trying to do their part, with
legislation intended to help hire and retain more CPS workers
working its way through both the Senate and the House of
Delegates.
However, that legislation has come under criticism from child
welfare advocates, who say it does nothing significant to address
the problem. Instead, they contend, it allows CPS to continue to
hire people unprepared for what the Department of Health and Human
Resources calls "a very difficult job that requires special
people."
About 20% of DHHR's CPS jobs were vacant in 2019. The Department of
Health and Human Resources has been upfront about the staff
shortages. Agency leaders attribute the gaps to heavy caseloads,
higher social work wages in nearby states and the dangerous nature
of a job that requires confronting families in turmoil.
The worker shortage played a massive role in why the state failed
to promptly investigate more than half of child abuse cases in
2018, according to a recent state audit.
Vacancies among the CPS worker ranks has been an ongoing problem
for West Virginia, as it has been in many other states. In an
attempt to address the worker shortage, West Virginia lawmakers in
2015 lowered the requirements to get a job in CPS. Applicants no
longer had to hold a social work degree, just a four-year degree of
some sort, to work for the department. One result was that the
Board of Social Work was granting special social work licenses to
people who never studied social work.
The fear, said Sam Hickman, executive director for the state's
chapter of the National Association of Social Workers, was this new
category of social workers would leave DHHR with their special
social work license and be able to practice social work in other
venues without any proper, professional training.
The pending legislation would create a CPS caseworker registry, but
would remove the social work license requirement altogether.
The state has a 35-year history of failing to recruit or retain
qualified CPS workers, Hickman said, to help the state's most
vulnerable children.
The bill is another step away from professionalism, he said.
"When are we going to try focusing on quality?" Hickman asked.
No license, no problem
Del. Jordan Hill, chairman of the House and Interim Health and
Human Resources Committee, said he drafted HB 4128 (the Senate
counterpart is SB 312) to address DHHR's inability to recruit and
retain CPS workers.
"My whole goal was to bring the Department of Personnel and DHHR
together, bring them to the table to have the conversation on how
we can resolve this," Hill, R-Nicholas, said.
The legislation would create a new child protective caseworker
classification that requires an applicant to, among other things,
be at least 18; have a bachelor's degree; be employed by DHHR; and
complete training that has yet to be outlined by the Board of
Social Work and DHHR.
Right now, anyone with a four-year college degree can become a CPS
worker in West Virginia. Thanks to the 2015 legislation, the Board
of Social Work would grant CPS workers a provisional license --
only usable in West Virginia -- that could turn into a full license
after completing 12 hours of training through DHHR and passing the
licensure examination.
State rules guiding the Board of Social Work outline "preferred
degrees" outside of a social work degree, including counseling,
psychology and criminal justice, but it doesn't limit the state
from hiring those with other degrees.
West Virginia, compared with surrounding states, already holds the
lowest requirements for its CPS workers when it comes to degree
preference and job experience, according to the state audit of CPS
and research compiled by Hickman.
Not every state in the U.S. requires a CPS worker to hold a social
work license, but Hickman said most states don't grant the types of
exceptions for workers that West Virginia does, like including
"related degrees" on the pathway to getting a social work license.
"Most states would say you want a social worker's license or get a
social worker degree," he said.
The new caseworker registry would be a small change from current
practice, and does nothing to attract workers prepared for the
difficult job, he argued. A job posting for an open CPS position in
Clay County included, "The nature of the situations requires
expertise and judgment to deal with problems that are potentially
dangerous to the client and the worker."
Hickman said he is concerned because the bill does not create a
pathway to licensure and would provide little incentive for
licensed social workers to practice in West Virginia.
Hill said the House version of the bill is currently on pause while
DHHR and the Division of Personnel work together to create a career
ladder for CPS workers without a license requirement.
He has no plans to push the bill as is; rather, he hopes it will
focus state-level conversations on hiring and retaining CPS workers
who will stay and advance within DHHR.
"DOP is now assisting DHHR in developing a career ladder for CPS
workers and providing monetary incentives for higher education
certifications," Hill said. "I'm hopeful DOP and DHHR will come to
a resolution on this to encourage more West Virginians to become
CPS workers."
During DHHR's budget presentation to the Senate Finance Committee,
DHHR Deputy Secretary Jeremiah Samples said the relationship
between DHHR and DOP was going well. When pressed for more
information on progress in building a career ladder, DHHR
spokesperson Allison Adler said discussions regarding salary levels
and other details were ongoing, but that the added positions were
an example of a career ladder.
"Increasing the number of positions adds more room for advancement
within the career ladder," Adler said. "As individuals rise in the
career ladder, having more slots in particular positions assists
with retention of those workers. For example, for those who are in
CPS positions, by adding more slots for higher level positions
allows those with more experience to move into supervisory and
senior positions, and in turn, retains those experienced workers
who have been trained and already working in the DHHR system."
The department is requesting $4.425 million in the 2021 budget for
the 87 new positions and other unspecified improvements in the
Bureau for Children and Families, which houses CPS.
The 87 CPS positions, determined as necessary by DHHR, will include
child protective supervisors, adoption workers, case coordinators
and social services coordinators. Currently, only social services
coordinators require a social work or related degree.
These individuals will be assigned to districts based on need and
caseload, according to DHHR.
Hickman is adamant that the absence of license and a social work
degree is likely to result in continued job turnover because the
person is unaware of the type of work he or she is getting into
amid the state's foster care crisis.
Research shows those with a social work education are more likely
to still be in CPS after three years compared with those without a
social work education. A 2012 study in the Journal of Family
Strength found those with the professional license cared less about
workplace conditions and stayed in their positions significantly
longer than their counterparts with less specific education.
Jeremiah Underhill, lead counsel for Disability Rights West
Virginia, one of three agencies leading a class-action lawsuit
against DHHR in regards to the child welfare system, said adding
more unqualified bodies to the mix won't solve the problems that
caused his agency to sue the state.
"Posting jobs is not finding solutions," Underhill said. "They seem
to think it is. You need to restructure the pay or something else.
We have waivers for everything. If the federal government requires
a master's, they go, 'Oh, it's West Virginia, so it's OK.' I think
that's a bad thing they aren't requiring a master's degree in
social work in positions that need it. I've come across people --
not saying they aren't nice people -- but would you want your
pediatrician really to have a degree in art history and somehow
went through med school with that?"
The Senate's version of the bill originally contained base salary
increases for different classifications of CPS jobs. The Select
Committee on Children and Families removed that language from the
bill when they passed the bill Feb. 6. Starting salary for a CPS
worker is around $28,000, even after the state employee pay raises
the past two years, which Hill said was a concern. The language in
the original bill would have raised the starting salary to
$32,500.
The original bill also included language that would allow a
caseworker to file a grievance if their caseload went above 25
cases. The national standard is 15. That language is no longer in
the Senate version.
SB 312 now awaits discussions from the Health and Human Resources
Committee. [GN]
WHOLE FOODS MARKET: Campbell Files Product Mislabeling Suit
-----------------------------------------------------------
Chandra Campbell, individually and on behalf of all others
similarly situated, Plaintiff, v. Whole Foods Market Group, Inc.,
Defendant, Case No. 20-cv-01291 (S.D. N.Y., February 13, 2020),
seeks injunctive relief resulting from negligence, unjust
enrichment and breach of contract and for violation of the Consumer
Protection from Deceptive acts of New York business laws.
Whole Foods Market Group, Inc. manufactures, distributes, markets,
labels and sells graham crackers that are said to be sweetened
primarily with honey and contains whole grain graham flour under
their Organic 365 brand. Campbell claims that honey and whole grain
flour are minimal compared to cane sugar and enriched flour
content. [BN]
Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
505 Northern Blvd., Ste. 311
Great Neck, NY 11021-5101
Tel: (516) 303-0552
Facsimile: (516) 234-7800
Email: spencer@spencersheehan.com
WOODMAN'S FOOD: Struck Sues Over Unlawful Use of Biometric Data
---------------------------------------------------------------
Brenna Struck, individually and on behalf of all others similarly
situated v. WOODMAN'S FOOD MARKET, INC., Case No. 2020CH02897 (Ill.
Cir., Lake Cty., March 10, 2020), seeks damages resulting from the
illegal actions of the Defendant in collecting, storing and using
the Plaintiff's biometric identifiers and information without
obtaining informed written consent or providing the requisite data
retention and destruction policies, in direct violation of the
Illinois Biometric Information Privacy Act.
In violation of the provisions of the BIPA, the Defendant
collected, stored and used--without first providing notice,
obtaining informed written consent or publishing data retention
policies--the fingerprints and associated personally identifying
information of hundreds of its employees, who are being required to
"clock in" with their fingerprints, says the complaint.
BIPA confers on the Plaintiff a right to know of such risks, which
are inherently presented by the collection and storage of
biometrics, and a right to know how long such risks will persist
after termination of their employment. Yet, the Defendant never
adequately informed Plaintiff or the Class of its biometrics
collection practices, never obtained the requisite written consent
from the Plaintiff regarding its biometric practices, and never
provided any data retention or destruction policies to the
Plaintiff, says the complaint.
The Plaintiff is a resident and citizen of the State of Illinois.
Woodman's is a regional supermarket chain based in Janesville,
Wisconsin.[BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
KOZONIS & KLINGER, LTD.
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: 312.283.3814
Fax: 773.496.8617
Email: gklinger@kozonislaw.com
WPX ENERGY: Post Files Suit Over Proposed Felix Energy Acquisition
------------------------------------------------------------------
Joseph Post, individually and on behalf of all others similarly
situated, Plaintiff, v. WPX Energy, Inc., Kimberly S. Lubel, John
A. Carrig, David F. Work, Robert K. Herdman, Kelt Kindick, Karl F.
Kurz, Jack E. Lentz, Valerie M. Williams, Richard E. Muncrief and
Clay M. Gaspar, Defendants, Case No. 20-cv-00225 (D. Del., February
17, 2020) seeks to enjoin defendants and all persons acting in
concert with them from proceeding with, consummating or closing
WPX's purchase 100% of the issued and outstanding membership
interests of Felix Energy Holdings II, LLC, rescinding it in the
event defendants consummate the merger, rescissory damages, costs
of this action, including reasonable allowance for plaintiff's
attorneys' and experts' fees and such other and further relief
under the Securities Exchange Act of 1934.
WPX will purchase 100% of the issued and outstanding membership
interests of Felix Energy Holdings II, LLC from Felix Parent for
$2.5 billion, consisting of $900 million in cash and 152,963,671
shares of WPX.
The Plaintiff, a stockholder of WPX, claims that WPX and its Board
failed to disclose whether it entered into confidentiality
agreements with any parties other than Felix, and the terms of such
agreements. The Plaintiff further notes that the Proxy Statement
filed in line with the transaction failed to disclose all line
items used to calculate EBITDAX, Cash Flows From Operations and a
reconciliation of all non-GAAP to GAAP metrics including a selected
Transaction Analysis performed by the company's financial advisors
Barclays Capital Inc. and Tudor, Pickering, Holt & Co. in
particular the Net Asset Value Analysis including cash flows, the
discount rates, future estimated effects of general and
administrative expenses and taxes, the value of the WPX's Permian
midstream assets, the future estimated effects of hedging,
non-drilling and completion capital expenditures, general and
administrative expenses and taxes and net debt.
WPX is an independent energy producer with locations in the Permian
and Williston basins. [BN]
Plaintiff is represented by:
Brian D. Long, Esq.
Gina M. Serra, Esq.
RIGRODSKY & LONG, P.A.
300 Delaware Avenue, Suite 1220
Wilmington, DE 19801
Tel: (302) 295-5310
Facsimile: (302) 654-7530
Email: bdl@rl-legal.com
gms@rl-legal.com
- and -
Richard A. Maniskas, Esq.
RM LAW, P.C.
1055 Westlakes Dr., Ste. 3112
Berwyn, PA 19312
Tel: (484) 324-6800
Facsimile: (484) 631-1305
Email: rm@maniskas.com
[*] Australian Class Action Industry in State of Questioning
------------------------------------------------------------
Tony Zhang, writing for LawyersWeekly, reports that the future of
the class action industry is in a state of questioning and change,
with Federal Court Justice Michael Lee indicating that broad powers
should make common fund orders in class action settlements.
The events of the year in Australia's class action space have
demanded much debate and reflection.
There have been concerns that Australia could eventually become
known to the global business community as the "litigation hellhole
of the South Pacific" in its response to the ALRC report.
Could this also be the end of common fund orders, or possibly the
start of something new?
The BMW High Court case had drastic implications on affecting the
funding market which has created a lasting impact on the booming
class action industry.
A pre-2016 position has been returned, in a time where much thought
will be about the future of class actions and the funding industry
that drives it.
Federal Court Justice Michael Lee indicated in an ALFA conference
in Sydney that there could be more broader powers in the
interaction with the future of the class action industry,
specifically to make a common fund order.
This would possibly mean a turning away from pure statutory power
and moving towards a broader equitable power in the courts.
"We live in a world where there are fetish about statutes," Justice
Lee said.
"The law reform focuses most on tinkering statutes . . . the only
way to achieve progress is for some sort of legislative
amendments."
Previously, Justice Bernard Murphy had told the ALFA conference in
Melbourne that there is "no great disaster" in the High Court
ruling.
Much debate is swirling around the way whether the equitable powers
in the courts based on precedent of past class action cases could
extend to make CFOs rather than statutory powers of the courts and
bodies to influence class action funding.
"The fundamental aspect of this, it seems to me, which is often
forgotten, refers to the implied power of the court, to a certain
extent, as the court of equity, the equitable power of the court
has, and that is the need to control its processes and the need to
do equity between people," Justice Lee said.
"To have some regard insuring that there is some ability within
these traditional notions that the enquired power of the
jurisdiction of the court to think of solutions that rise from the
different forms in the past."
The High Court decision has had profound impacts for the litigation
funding industry and for defendants and could most possibly result
in a decline in class actions, at least during the wait for a
possible legislative solution.
Without the prospects of a CFO under the present legislative
framework, litigation funders will now have to revert to the
classic book-building exercises in order to ensure their returns
from each group member which is distinct from funding equalisation
orders that distribute the costs equally among group members.
The decision is also likely to have a significant impact upon
continuing proceedings where CFOs are currently in place, while it
is also possible that there could be an increase in funding
commissions which have been the subject of increasing scrutiny and
pressure by courts.
Litigation funders will have to come to court with the economic
feasibility already built in place, instead of relying on a common
fund order to make the action viable -- which will probably slow,
but not stop, Australia's lively class action industry.
Justice Lee touched on the issue of the relative degree in the
control imposed on class actions and its funding industry.
"One of the things I found very curious about reaction to people,
who are apparently horribly concerned about controlling class
actions, funding commission and controlling influence of funders in
the Australian legal system," Justice Lee said.
"There seemed to be a celebratory type, there seemed to be a fact
of consequences of the court not being able to make common fund
orders, is it changed what had been a very steady, very discernible
decreases in the amounts of commission being charged by funders
across class actions."
Recently, a legislative solution was proposed in the state of
Victoria in the form of contingency fees.
In a response, the ALFA conference had discussed the proposed
solution, the bill before the Victorian Parliament (the Justice
Legislation Miscellaneous Amendments Bill 2019 [Vic]) which
proposes to permit the implementation of contingency fees for class
actions in Victoria and for the legal costs payable to the
plaintiff law firm to be calculated as a percentage of any award or
settlement that may be recovered in the proceeding.
The solution to increase the number of class actions, stems from
the government's belief to increase access to justice through more
availability of cases based on contingency fees, but there has been
a ripple effect in other states which are closely watching and
debating the new Victorian legislative model and if it is the best
way to resolve the common fund problem.
The path of finding the correct course of class action remains both
a problem practitioners and judges have constantly been
encountering.
Justice Lee referred to class actions as like a "whack a mole",
where solving one problem leads to another in place.
On the future of the funded class actions especially after a CFO,
Justice Lee agreed in his personal view that it should be
continued.
"They should continue, they have been a mechanism which has
provided to address claims for a large number of people who simply
would not have a system in place to maintain the claim."
On the High Court ruling, the majority found that, although the
powers conferred by sections 33ZF of the FCA Act and section 183 of
the CPA are broad, they don't extend to the making of a CFO because
a CFO is not an order ensuring that justice is done by regulating
how the matter is to proceed.
Australia's booming and lively class actions are backed by the
massive funding industry which brings together cases especially
with the prospect of CFOs.
The recent changes of the High Court could impact the funding
market, but more importantly, the stability and importance the
funding community plays in their role, according to Justice Lee.
"People are concerned about what is perceived to be a lack of
control or vigour in the way in which the court is approaching and
the way statutory bodies like ASIC are approaching controlling
funding commissions," Justice Lee said.
"By doing that, it can often minimise the critical importance of
funders in providing that access to justice."
"Now one of the themes which is played out in a number of cases
affected by this decision is the notion of what the court was
trying to do in exercising its supervisory role in relation to the
control of funding issues."
In the conference, Justice Lee also addressed the tensions between
authorities and the broader powers of the courts.
"There is this tension within the authorities at the moment with
the ability of the court to interfere with bargains, freely arrived
at with contractual counterparties, by which proceedings are
funded," Justice Lee said.
"I don't think the courts have some sort of roving law reform,
roving commissioner's justification tribunal committal to go around
changing the promises given by the law, in the absence in some sort
of equitable or legislative laws or some sort of statutory basis
which can interfere with contracts."
"In the legal system where law and equity work concurrently… it's
up to people to work out relief they seek in the statutory nature,
or equity nature."
The High Court's decision was based on its interpretation of the
legislation, so it is possible that the federal and NSW governments
could amend the acts to restore common fund orders.
However, from Justice Lee's speech to the ALFA conference, much
discussion will continually be raised ahead into the future of
class actions, the questions regarding the Victorian contingency
fee model, competition and the future of the common fund order.
[GN]
[*] Juan Monteverde Investigates Potential Securities Claims
------------------------------------------------------------
Juan Monteverde, founder and managing partner at Monteverde &
Associates PC, a national securities firm headquartered at the
Empire State Building in New York City, is investigating:
CSS Industries, Inc. (CSS) relating to its sale to IG Design Group
Americas, Inc. Under the terms of the agreement, CSS shareholders
will have the right to receive $9.40 in cash for each share of CSS
common stock owned. Click here for more information:
https://www.monteverdelaw.com/case/css-industries-inc. It is free
and there is no cost or obligation to you.
Telaria, Inc. (TLRA) related to its sale to The Rubicon Project,
Inc. Under the terms of the agreement, each share of Telaria common
stock will be converted into the right to receive 1.082 shares of
Rubicon Project common stock for each Telaria common stock owned.
Click here for more information:
https://www.monteverdelaw.com/case/telaria-inc. It is free and
there is no cost or obligation to you.
Anixter International Inc. (AXE) related to the sale of the Company
to WESCO International, Inc. Under the terms of the merger, Anixter
common stock will be converted into the right to receive $70.00 in
cash, 0.2937 shares of WESCO common stock, and 0.6356 depositary
shares for each share of Anixter common stock owned. Click here for
more information:
https://www.monteverdelaw.com/case/anixter-international-inc-0. It
is free and there is no cost or obligation to you.
About Monteverde & Associates PC
Monteverde & Associates PC is a national class action securities
and consumer litigation law firm that has recovered millions of
dollars and is committed to protecting shareholders and consumers
from corporate wrongdoing. Monteverde & Associates lawyers have
significant experience litigating Mergers & Acquisitions and
Securities Class Actions, whereby they protect investors by
recovering money and remedying corporate misconduct. Mr.
Monteverde, who leads the legal team at the firm, has been
recognized by Super Lawyers as a Rising Star in Securities
Litigation in 2013, 2017-2019 an award given to less than 2.5% of
attorneys in a particular field. He has also been selected by
Martindale-Hubbell as a 2017-2019 Top Rated Lawyer.
If you own common stock in any of the above listed companies and
wish to obtain additional information and protect your investments
free of charge, please visit our website or contact Juan E.
Monteverde, Esq. either via e-mail at jmonteverde@monteverdelaw.com
or by telephone at (212) 971-1341.
Contact:
Juan E. Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Ave. Suite 4405
New York, NY 10118
United States of America
jmonteverde@monteverdelaw.com
Tel: (212) 971-1341
[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
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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.
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Information contained herein is obtained from sources believed to
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*** End of Transmission ***