/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/091021.mbx C L A S S A C T I O N R E P O R T E R Wednesday, October 21, 2009, Vol. 11, No. 208 Headlines ALLSCRIPTS-MISYS: Defends Local Union No. 630's Suit in Illinois AMERICAN RESIDENTIAL: Calif. Suit Alleges Labor Law Violations AUDIOVOX CORP: Suits Over Cell Phone Radiation Remain Pending BLUE RIDGE PAPER: Paper Plant Owner Disputes Pollution Claims COCA-COLA CO: Calif. Lawsuit Claims False Brain Juice Advertising COMCAST CORP: Sued in Mass. for Misclassifying Installers FIRST BANKS: Securities Lawsuit v. CFHI Dismissed in May 2009 FLOTEK INDUSTRIES: Faces Stockholder Securities Suit in Texas FRITO-LAY: Charged by Route Salesperson with Labor Law Violations GAMING PARTNERS: Second Amended "Kaplan" Lawsuit Pending in Nev. GREENHOUSE: Consumers Sue Trendy Manhattan Club for Racial Bias HARRAH'S ENTERTAINMENT: Suit Over Debt Plan Dismissed in June HEALTHMARKETS INC: Nov. 23 Final Settlement Fairness Hearing Set HEALTHMARKETS INC: Discovery in Consolidated FLSA Suit Ongoing INTERNATIONAL GAME: Trial in Brochu v. Loto Quebec Suit Ongoing INTERNATIONAL GAME: Faces IBEW Securities Fraud Suit in Nevada LEAR CORP: Consolidated Securities Fraud Suit Resolved in June NOVA SCOTIA: Students Threaten to Sue If Strike Not Resolved ON2 TECHNOLOGIES: Defends Suits Google Merger Agreement Lawsuit PEROT SYSTEMS: Another Lawsuit Challenges Dell Transaction PUBLIC STORAGE: Review Bid in "Brinkley" Suit Pending in Calif. REPUBLIC WASTE: Fla. Ct. Certifies Cecos Site Plaintiff Class SCORES HOLDING: Discovery in "Diaz" Wage and Hour Suit Ongoing SUR LA TABLE: Retailer Sued for Alleged Labor Law Violations T-MOBILE: Sued, with MSFT & Danger, Over Sidekick in N.D. Calif. WEIGHT WATCHERS: "Sabatino" Labor Law Case Removed to N.D. Calif. ********* ALLSCRIPTS-MISYS: Defends Local Union No. 630's Suit in Illinois ---------------------------------------------------------------- Allscripts-Misys Healthcare Solutions, Inc., is defending Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund, et al v. Allscripts-Misys Healthcare Solutions, Inc., et al., Case No. 09-cv-04726 (N.D. Ill.) (Castillo, J.), a purported stockholder class-action complaint on behalf of stockholders who purchased Allscripts common stock between May 8, 2007 and Feb. 13, 2008, according to the company's Oct. 13, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Aug. 31, 2009. The complaint alleges that during the class period, the Company, Glen Tullman and William Davis made materially false and misleading statements regarding the Company's financial condition and prospects, and on that basis the complaint asserts violations of federal securities laws. The plaintiff seeks to recover the price declines in Allscripts' common stock that occurred on Nov. 8, 2007, when the company released its third quarter 2007 financial results, and on Feb. 13, 2008, when the company released full year 2007 results. On Oct. 5, 2009, David Robb moved for appointment as Lead Plaintiff and for approval of selection of lead and liaison counsel. Allscripts-Misys is represented by: Walter C. Carlson, Esq. James Wallace Ducayet, Esq. SIDLEY AUSTIN LLP One South Dearborn Street Chicago, IL 60603 Telephone: (312) 853-7000 The Plaintiffs are represented by: Lori Ann Fanning, Esq. Marvin Alan Miller, Esq. MILLER LAW LLC 115 South LaSalle Street, Suite 2910 Chicago, IL 60603 Telephone: (312) 332-3400 - and - Brian O. O'Mara, Esq. Debra J. Wyman, Esq. LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: (619) 231-1058 Allscripts-Misys Healthcare Solutions, Inc. -- http://www.allscripts.com/-- formerly Allscripts Healthcare Solutions, Inc., is a provider of clinical software, services, information and connectivity solutions used by the physicians and other health care providers. The company's businesses provide solutions that inform physicians with just right, just in time information, connect physicians to each other and to the entire community of care, and transforming healthcare. Allscripts provide various clinical software applications, including Electronic Health Records (EHR), practice management, revenue cycled management, clearinghouse services, electronic prescribing, Emergency Department Information System (EDIS), hospital care management and discharge management solutions, document imaging solutions, and a range of solutions for home care and other post-acute facilities. The company operates in two business segments: clinical solutions and health solutions. AMERICAN RESIDENTIAL: Calif. Suit Alleges Labor Law Violations -------------------------------------------------------------- Louis Magee, Jr., individually and on behalf of other members of the general public similarly situated, sued American Residential Services, LLC, and ARS Acquisition Holdings LLC, Docket No. BC423798 (Calif. Super. Ct., Los Angeles Cty.), on Oct. 15, 2009, for labor law violations. The Plaintiff is represented by: Monica Balderrama, Esq. Shawn Westrick, Esq. Christian Counts, Esq. INITIATIVE LEGAL GROUP 1800 Century Park East, 2nd Floor Los Angeles, CA 90067 Telephone: 310-556-5637 AUDIOVOX CORP: Suits Over Cell Phone Radiation Remain Pending ------------------------------------------------------------- Certain consolidated class actions transferred to a Multi- District Litigation Panel of the U.S. District Court of the District of Maryland against Audiovox Corp. and other suppliers, manufacturers and distributors of hand-held wireless telephones are still pending. The suits are generally alleging damages relating to exposure to radio frequency radiation from hand-held wireless telephones. No further development in the matter were reported in the company's Oct. 13, 2009 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended Aug. 31, 2009. Audiovox Corp. -- http://www.audiovox.com/-- is an international distributor and value added service provider in the accessory, mobile and consumer electronics industries. BLUE RIDGE PAPER: Paper Plant Owner Disputes Pollution Claims ------------------------------------------------------------- In Haynes, et al. v. Blue Ridge Products, Inc., Case No. 09-cv-00321 (W.D.N.C., filed Aug. 17, 2009) (Reidinger, J.), landowners complain that chemicals dumped into the Pigeon River have turned it brown, caused an odor and made it foam. The Plaintiffs say the pollution has hurt their quality of life and prevented them from using their property, according to a report by Jon Ostendorff at the Asheville Citizen-Times available at http://is.gd/4qD6t Evergreen Packaging, Inc., based in Memphis, Tenn., which owns the paper plant, reportedly says it will fight the legal action. "Water from the mill that is put back into the Pigeon River is among the best and cleanest from any paper mill in the world," Evergreen said in a written statement last week about the lawsuit, Mr. Ostendorff reports, adding that Blue Ridge has spent $25 million since 1999 on limiting air and water pollution. The Plaintiffs are represented by: William Gordon Ball, Esq. BALL & SCOTT 550 West Main Street, Suite 601 Knoxville, TN 37902 Telephone: 865-525-7028 - and - Glen C. Shults, Esq. LAW OFFICES OF GLEN C. SHULTS P.O. Box 18687 Asheville, NC 28814 Telephone: 828-251-9676 Blue Ridge Paper Products, Inc., is represented by: Stephen Lacy Cash, Esq. William Clarke, Esq. ROBERTS & STEVENS P.O. Box 7647 One West Pack Square, Suite 1100 Asheville, NC 28802 Telephone: 828-252-6600 COCA-COLA CO: Calif. Lawsuit Claims False Brain Juice Advertising ----------------------------------------------------------------- Jordan Dunn, individually and on behalf of all others similarly situated purchasers of Minute Maid "Nourish Your Brain" Fruit Juice Beverage, sued The Coca-Cola Company, Docket No. BC423721 (Calif. Super Ct., Los Angeles Cty.), on Oct. 13, 2009. The plaintiff says Coca-Cola's advertising of the product is false and misleading. The Plaintiff is represented by: Paul D. Stevens, Esq. Ryan J. Clarkson, Esq. MILSTEIN, ADELMAN & FREGER, LLP 2800 Donald Douglas Loop North Santa Monica, CA 90405 Telephone: 310-396-9600 COMCAST CORP: Sued in Mass. for Misclassifying Installers --------------------------------------------------------- As a cable-television installer in Massachusetts, Cari Tuna at The Wall Street Journal reports, Fritz Elienberg drove a van and wore a shirt emblazoned with "Comcast." He installed equipment from Comcast Corp., and customers paid the cable provider for his work. Mr. Elienberg wasn't a Comcast employee, Ms. Tuna explains, but a so-called independent contractor working for a separate company. This month, he sued both companies, for allegedly depriving him and other contractors of overtime pay and benefits by not considering them employees. The lawsuit is Elienberg v. Comcast Corporation/Comcast of Massachusetts, Inc., and TriWire Engineering Solutions, Case No. 09-cv-11653 (D. Mass.) (O'Toole, J.). In the Comcast lawsuit, Mr. Elienber is represented by: Harold L. Lichten, Esq. LICHTEN & LISS-RIORDAN, P.C. 100 Cambridge Street, 20th Floor Boston, MA 02114 Telephone: 617-994-5800 Fax: 617-994-5801 E-mail: hlichten@llrlaw.com Ms. Tuna notes that Mr. Elienberg filed a similar class-action suit against cable provider RCN Corp. earlier this year. That lawsuit is Elienberg v. RCN Corp., RCN Telecom Services of Massachusetts, Inc., and Custom Cable Concepts, Inc., Case No. 09-cv-10912 (D. Mass.) (Saris, J.). In the RCN lawsuit: Mr. Elienberg is represented by: Harold L. Lichten, Esq. Shannon E. Liss-Riordan, Esq. LICHTEN & LISS-RIORDAN, P.C. 100 Cambridge Street, 20th Floor Boston, MA 02114 Telephone: 617-994-5800 Fax: 617-994-5801 E-mail: hlichten@llrlaw.com - and - Ian O. Russell, Esq. PYLE, ROME LICHTEN, EHRENBERG & LISS-RIORDAN, P.C. 18 Tremont Street, Suite 500 Boston, MA 02108 Telephone: 617-994-5800 Fax: 617-994-5801 E-mail: irussell@llrlaw.com RCN Corp. and RCN Telecom are represented by: Jeffrey M. Burns, Esq. Terence P. McCourt, Esq. GREENBERG TRAURIG LLP One International Place Boston, MA 02110 Telephone: 617-310-6248 Fax: 617-897-0948 E-mail: burnsj@gtlaw.com Custom Cable is represented by: Paul A. Manoff, Esq. LAW OFFICE OF PAUL A. MANOFF 47 Winter Street, 4th Floor Boston, MA 02108 Telephone: 617-542-4620 E-mail: trialawyer@yahoo.com Mr. Elienberg tells Ms. Tuna that TriWire, Comcast's contractor, fired him after managers found out about the RCN suit and he questioned his employment status, and he remains unemployed. Comcast spokesman John Demming tells Ms. Tuna that Mr. Elienberg was never a Comcast employee, adding that both his shirt and his van identified him as a Comcast contractor. "We strongly disagree with the suit and will defend ourselves vigorously," Mr. Demming says. "We require all of the companies we contract with to comply with all state and federal laws." RCN declined to comment. FIRST BANKS: Securities Lawsuit v. CFHI Dismissed in May 2009 ------------------------------------------------------------- A securities class action complaint against First Banks, Inc.'s wholly owned subsidiary holding company, Coast Financial Holdings, Inc., was dismissed in May 2009, according to the company's Aug. 13, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2009. Prior to acquisition by First Banks, CFHI and certain of its present and former officers were named as defendants in three purported class action complaints filed in the U.S. District Court for the Middle District of Florida, Tampa Division (the Court) alleging violations of the federal securities laws, the first of which was filed with the Court on March 20, 2007 (the Securities Actions). On June 22, 2007, the Court entered an order pursuant to which the Court: (i) consolidated the Securities Actions, with the matter proceeding under the docket for "Grand Lodge of Pennsylvania v. Brian P. Peters, et al., Case No. 8:07-cv-429-T- 26-EAJ;" and (ii) appointed Troy Ratcliff and Daniel Altenburg (the Lead Plaintiffs) as lead plaintiffs pursuant to the provisions of the Private Securities Litigation Reform Act of 1995. Subsequent to the disposition of certain preliminary motions filed by plaintiffs and defendants, on April 2, 2008, the Lead Plaintiffs and an additional plaintiff, St. Denis J. Villere & Co., LLC, filed a second consolidated amended class action complaint (the Amended Complaint). The Amended complaint named as defendants (i) certain former officers and members of CFHI's board of directors, (ii) the underwriters of CFHI's October 5, 2005 public offering of common stock, and (iii) CFHI's external auditors. The Amended Complaint was brought on behalf of a putative class of purchasers of CFHI's common stock between Jan. 21, 2005 and Jan. 22, 2007. In general, the Amended Complaint alleges that CFHI's U.S. Securities and Exchange Commission filings and public statements contained misstatements and omissions regarding its residential construction-to-permanent lending operations and, more specifically, regarding a home builder and its affiliates, and also alleges that CFHI's financial statements violated U.S. generally accepted accounting principles. The Amended Complaint asserts claims under Sections 11 and 15 of the Securities Act of 1933 and Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder. On Aug. 30, 2007, the Lead Plaintiffs filed a notice with the Court voluntarily dismissing their claims against Anne V. Lee and Justin D. Locke without prejudice. On Feb. 17, 2009, CFHI and the plaintiffs entered into an agreement for the settlement of the Securities Actions. Pursuant to the agreement, CFHI and its insurer will pay an amount in settlement of the claims, and CFHI, the former officer and director defendants, and the underwriter defendants will be released and dismissed with prejudice from the action. In accordance with the agreement, on March 16, 2009, CFHI paid its allocation of the settlement in the amount of $750,000, which was recorded as other expense in the consolidated statement of operations for the year ended Dec. 31, 2008. Among other terms and conditions, the settlement is subject to approval by the Court and will not be consummated if the Court fails to grant approval. On May 29, 2009, the settlement was approved by the Court and all claims were dismissed. First Banks, Inc. -- http://www.firstbanks.com-- keeps it in the family. The holding company for First Bank is owned by chairman James Dierberg and his family, and a number of its branches and ATMs are located in Dierbergs Markets, a Missouri- based grocery chain owned by relatives of the chairman. First Bank has about 215 branches in California, Florida, Illinois, Missouri, and Texas, with a concentration in metropolitan markets such as Chicago, Dallas, Houston, Los Angeles, St. Louis, San Diego, San Francisco, and Tampa. The bank offers standard services like deposit products, mortgages, and business and consumer loans in addition to brokerage, insurance, trust, private banking, and institutional money management services. FLOTEK INDUSTRIES: Faces Stockholder Securities Suit in Texas ------------------------------------------------------------- Flotek Industries, Inc., faces a stockholder class action suit seeking to pursue remedies under the Securities Exchange Act of 1934. On Aug. 7, 2009, a class action suit was commenced in the U.S. District Court for the Southern District of Texas on behalf of purchasers of the common stock of the company between May 8, 2007 and Jan. 23, 2008, inclusive. The complaint alleges that, throughout the time period indicated, Flotek failed to disclose material adverse facts about the Company's true financial condition, business and prospects. Specifically, the complaint alleges that defendants failed to disclose the following adverse facts, among others: (i) the company was experiencing weakness in its Rocky Mountain sales region due to its decision to not cut prices to the level of its competitors; (ii) the company's operating profit margins were being negatively impacted as customers increasingly opted to rent equipment instead of purchasing it; (iii) sales in the company's chemicals division were declining due to a decrease in fracing activity; and (iv) as a result of the foregoing, defendants' positive statements concerning the company's guidance and prospects were lacking in a reasonable basis at all relevant times. Since Aug. 7, 2009, several other class action suits have been commenced by others concerning the foregoing matters. At this time and due to the recent filing of the lawsuits the company is unable to provide further details, according to its Aug. 13, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2009. Flotek Industries, Inc. -- http://www.flotekind.com/home.php-- is supplying drilling and production related products and services to the energy and mining industries. The company's core focus is oilfield specialty chemicals and logistics, downhole drilling tools and downhole production tools. Flotek offers its products primarily through its sales organizations, as well as through independent distributors and agents. The company's reportable segments are Chemical and Logistics, Drilling Products and Artificial Lift. All three segments market products domestically and internationally. The company acquired the assets of Teledrift Inc., which designs and manufactures wireless survey and measurement while drilling tools, on Feb. 14, 2008. FRITO-LAY: Charged by Route Salesperson with Labor Law Violations ----------------------------------------------------------------- Jose Uitz, individually and on behalf of other persons similarly situated, sued Frito-Lay, Inc., and Rolling Frito-Lay Sales, LP, Docket No. BC424017 (Calif. Super. Ct., Los Angeles Cty.), on Oct. 15, 2009. The complaint accuses the snack food manufacturer and distributor of not paying what's owed to route salespeople. The Plaintiff is represented by: Gregory N. Karasik, Esq. SPIRO MOSS LLP 11377 W. Olympic Blvd., 5th Floor Los Angeles, CA 90064-1683 Telephone: 310-235-2468 GAMING PARTNERS: Second Amended "Kaplan" Lawsuit Pending in Nev. ---------------------------------------------------------------- Gaming Partners International Corp. continues to face a second amended complaint in the purported class action suit entitled, "Robert J. Kaplan v. Gerard P. Charlier, Melody J. Sullivan a/k/a Melody Sullivan Yowell, David Grimes, Charles T. McCullough, Eric P. Endy, Elisabeth Carrette and Gaming Partners International Corporation." On June 27, 2007, a putative class action complaint alleging violations of federal securities laws based on alleged misstatements and omissions by the company, entitled, "Robert J. Kaplan v. Gerard P. Charlier, Paul S. Dennis, Eric P. Endy, Alain Thieffry, Elisabeth Carrette, Robert J. Kelly, Charles R. Henry, Laura McAllister Cox and Gaming Partners International Corporation, Case No. 2:07-cv-00849-LDG-GWF," was filed in the U.S. District Court for the District of Nevada, under. Mr. Kaplan has been designated by the court as lead plaintiff. On Feb. 12, 2008, the plaintiffs filed an amended complaint, deleting several of the originally named defendants, and adding three others. The action is now captioned, "Robert J. Kaplan v. Gerard P. Charlier, Melody J. Sullivan a/k/a Melody Sullivan Yowell, David Grimes, Charles T. McCullough, Eric P. Endy, Elisabeth Carrette and Gaming Partners International Corporation." The defendants, on April 16, 2008, filed a motion to dismiss the complaint. Defendants' Motion to Dismiss was thereafter granted and an Order was entered dismissing the Amended Complaint without prejudice on Nov. 18, 2008. Plaintiffs filed a Second Amended Complaint on Jan. 9, 2009. Defendants Motion to Dismiss the Second Amended Complaint was filed on Feb. 27, 2009, and remains pending, according to the company's Aug. 13, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2009. Gaming Partners International Corp. -- http://www.gpigaming.com/ -- manufactures and supplies casino table game equipment. The Company's business activities include the manufacture and/or supply of gaming chips, table layouts, wheels, playing cards, dice, gaming furniture and miscellaneous table accessories, which are used in conjunction with casino table games, such as blackjack, poker, baccarat, craps and roulette. It has three subsidiaries: Gaming Partners International USA, Inc. (GPI USA), Gaming Partners International SAS (GPI SAS) and GPI Mexicana S.A. de C.V. (GPI Mexicana). GPIC's products are sold to licensed casinos primarily in the United States and Canada, under the brand names Paulson, Bourgogne et Grasset (B&G), Bud Jones and T-K. The Company has existing production facilities in Las Vegas, Nevada; San Luis Rio Colorado, Mexico, and Beaune, France. GREENHOUSE: Consumers Sue Trendy Manhattan Club for Racial Bias --------------------------------------------------------------- Michael Feeney at the New York Daily News reports that fiction author Teri Woods invited 175 people to party at the trendy SoHo Greenhouse nightclub to celebrate her new book, but ended up in tears when she found almost her entire guest list being kept outside the club's notorious velvet rope. Now a $1 billion class-action suit says the partygoers were denied entry because they were black. "They should have just put up a sign that said, 'No Coloreds Allowed,'" fumed Kashan Robinson, 39, of the Bronx, one of the plaintiffs. "There was no reason for them to not allow us into that club, except for the color of our skin." Club owner Barry Mullineaux declined to discuss what had happened to Ms. Woods' party beyond calling charges of racism "all pretty much bogus." Mr. Feeney's full report is available at http://is.gd/4qOYi HARRAH'S ENTERTAINMENT: Suit Over Debt Plan Dismissed in June ------------------------------------------------------------- A purported class-action suit by two bondholders against Harrah's Entertainment, Inc., in the Delaware court was dismissed in June 2009. The suit was filed on Jan. 9, 2009, in the U.S. District Court for the District of Delaware by S. Blake Murchison and Willis Shaw. Named as defendants in the case are: -- Harrah's Entertainment Inc., -- Harrah's Operating Company Inc., -- Charles L. Atwood, -- Jeffrey Benjamin, -- David Bonderman, -- Anthony Civale, -- Jonathan Coslet, -- Kelvin Davis, -- Jeanne P. Jackson, -- Gary W. Loveman, -- Karl Peterson, -- Eric Press, -- Marc Rowman, -- Lynn C. Swann, and -- Christopher J. Williams. The two bondholders claim that the recent debt-exchange deal engineered by Harrah's benefited some big corporate bondholders while placing other classes of bondholders in jeopardy, should Harrah's default on its debt or file for bankruptcy protection, reports The Las Vegas Sun. Harrah's is "on the verge of bankruptcy, debt default and other events of insolvency," the lawsuit charges. According to the suit, a copy of which was obtained by The Las Vegas Sun, "In an effort to ensure that only a limited class of individuals and entities reap the rewards of their debt investments in Harrah's to the detriment of other investors, defendants have completed bond tender offers that benefit those select individuals and entities to the exclusion of all others. Without any lawful justification for cherry-picking among its investors, defendants' bond tender offers have allowed those elite individuals and entities to obtain newly-issued bonds that will take priority over and otherwise subordinate previously- issued bonds of the exact same category." It charges, "Plaintiffs' bond holdings have been subordinated to the newly-issued bonds and, as a result, have been likely rendered worthless as the specter of Harrah's insolvency approaches," according to The Las Vegas Sun report. On April 30, 2009, the defendants filed a motion to dismiss the amended complaint. Prior to responding to the motion to dismiss, the defendants stipulated to the plaintiff's request to dismiss the lawsuit, without prejudice, which the court entered on June 18, 2009. Both sides have reserved the right to request the court to award attorneys fees, according to the company's Aug. 13, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2009. The suit is Murchison, et al v. Harrah's Entertainment Inc., et al., Case No. 09-cv-00020 (D. Del.) (Robinson, J.). Representing the plaintiffs is: Joseph A. Rosenthal, Esq. ROSENTHAL, MONHAIT & GODDESS, P.A. Mellon Bank Center, Suite 1401 P.O. Box 1070 919 Market Street Wilmington, DE 19899-1070 Phone: (302) 656-4433 E-mail: jrosenthal@rmgglaw.com Representing the defendants is: Kelly E. Farnan, Esq. RICHARDS, LAYTON & FINGER, PA One Rodney Square 920 N. King Street Wilmington, DE 19801 Phone: (302) 651-7705 E-mail: farnan@rlf.com HEALTHMARKETS INC: Nov. 23 Final Settlement Fairness Hearing Set ---------------------------------------------------------------- A Nov. 23, 2009 settlement fairness hearing has been set for a putative class action against Mid-West National Life Insurance Company of Tennessee, a principal insurance subsidiary of HealthMarkets, Inc. The lawsuit, filed on Nov. 7, 2008, in the U.S. District Court for the Northern District of Ohio, is styled Cynthia Hrnyak, on behalf of herself and all others similarly situated v. Mid-West National Life Insurance Company of Tennessee, Case No. 1:08CV2642. Plaintiff has alleged several causes of action, including breach of contract, unjust enrichment and violation of the Ohio Revised Code Annotated Section 3918.08, arising from the alleged failure to refund unearned premium on credit insurance policies issued by Mid-West in connection with automobile loans when such loans terminated early. Plaintiff seeks an order certifying the suit as a nationwide class action, compensatory and punitive damages and injunctive relief. The parties have agreed on the terms of a proposed settlement. On June 24, 2009, the Court signed a preliminary order approving such terms; however, any final settlement of this matter is subject to a fairness hearing scheduled for Nov. 23, 2009. The company believes that any final settlement of this matter will be on terms that do not have a material adverse effect on its consolidated financial condition and results of operations, according to its Aug. 13, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2009. HealthMarkets, Inc. -- http://www.healthmarkets.com/-- is a holding company conducting its insurance businesses through the Company's indirect, wholly owned insurance company subsidiaries, The MEGA Life and Health Insurance Company (MEGA), Mid-West National Life Insurance Company of Tennessee (Mid-West), and The Chesapeake Life Insurance Company (Chesapeake). HEALTHMARKETS INC: Discovery in Consolidated FLSA Suit Ongoing -------------------------------------------------------------- Discovery in the consolidated collective action filed against HealthMarkets, Inc., under the Federal Fair Labor Standards Act is ongoing. HealthMarkets is a party to three separate FLSA collective actions filed on May 26, 2005, in the U.S. District Court for the Northern District of Texas, Fort Worth Division: -- Sherrie Blair et al., v. Cornerstone America et al., Civil Action No. 4:04-CV-333-Y; -- Norm Campbell et al., v. Cornerstone America et al., Civil Action No. 4:05-CV-334-Y; and -- Joseph Hopkins et al., v. Cornerstone America et al., Civil Action No. 4:05-CV-332-Y. On Dec. 9, 2005, the Court consolidated all of the actions and made the Hopkins suit the lead case. In each of the cases, plaintiffs, for themselves and on behalf of others similarly situated, seek to recover unpaid overtime wages alleged to be due under section 16(b) of the FLSA. The complaints allege that the named plaintiffs (consisting of former district sales leaders and regional sales leaders in the Cornerstone America independent agent hierarchy) were employees within the meaning of the FLSA and are therefore entitled, among other relief, to recover unpaid overtime wages under the terms of the FLSA. The parties filed motions for summary judgment on Aug. 1, 2006. On March 30, 2007, the Court denied HealthMarkets and Mid-West's motion and granted the plaintiffs' motion. On Aug. 2, 2007, the District Court granted HealthMarkets and Mid-West's motion for interlocutory appeal but denied requests to stay the litigation. In September 2007, the U.S. Fifth Circuit Court of Appeals granted HealthMarkets' and Mid-West's petition to hear the interlocutory appeal and, in October 2008, affirmed the trial court's ruling in favor of plaintiffs on the issue of their status as employees under the FLSA and remanded the case to the trial court for further proceedings. On March 23, 2009, the U.S. Supreme Court denied HealthMarkets' and Mid-West's petition for writ of certiorari. A court-approved notice to prospective participants in the collective action was mailed in April 2008, providing prospective participants with the ability to file "opt-in" elections. The company is in the process of evaluating the impact that these matters may have on its relationships with agentss, according to its Aug. 13, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2009. HealthMarkets, Inc. -- http://www.healthmarkets.com/-- is a holding company conducting its insurance businesses through the Company's indirect, wholly owned insurance company subsidiaries, The MEGA Life and Health Insurance Company (MEGA), Mid-West National Life Insurance Company of Tennessee (Mid-West), and The Chesapeake Life Insurance Company (Chesapeake). INTERNATIONAL GAME: Trial in Brochu v. Loto Quebec Suit Ongoing --------------------------------------------------------------- Trial is ongoing in the class action styled, Brochu v. Loto Quebec, according to International Game Technology's Aug. 13, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2009. Loto Quebec commenced an action in warranty against VLC, Inc., a wholly-owned subsidiary of IGT, and another manufacturer of video lottery machines in October 2003, in the Superior Court of the Province of Quebec, District of Quebec, seeking indemnification for any damages that may be awarded against Loto Quebec in a class action suit, also filed in the Superior Court of the Province of Quebec. The class action claim against Loto Quebec, to which neither IGT nor any of its affiliates are parties, was filed by Jean Brochu on behalf of himself and a class of other persons who allegedly developed pathological behaviors through the play of video lottery machines made available by Loto Quebec in taverns and other public locations. In this action, the plaintiff seeks to recover on behalf of the class damages of approximately CAD$578.7 million, representing CAD$4,863 per class member, and CAD$119.0 million in punitive damages. Loto Quebec filed its Plea in Defense in the main action in February 2006. On Aug. 1, 2008, Loto Quebec filed a discontinuance of the action in warranty against VLC. Notwithstanding the discontinuance, Loto Quebec may still pursue the claims it asserted, or could have asserted, in the action in warranty through arbitration against VLC. The trial of the class action against Loto Quebec commenced on Sept. 15, 2008 and is ongoing. International Game Technology -- http://www.igt.com/-- is a global gaming company specializing in the design, manufacture, and marketing of electronic gaming equipment and network systems, as well as licensing and services. The Company maintains an array of entertainment-inspired gaming product lines. In addition to its United States production facilities in Nevada, it manufactures gaming products in the United Kingdom and through a third-party manufacturer in Japan. The Company derives its revenues from the distribution of electronic gaming equipment and network systems, as well as licensing and services. Gaming operations generate recurring revenues by providing customers with its proprietary gaming equipment and network systems, as well as licensing, services, and component parts. Its product sales include the sale of gaming equipment and network systems, as well as licensing, services, and component parts. In January 2009, it acquired certain operating assets of Progressive Gaming International Corp. INTERNATIONAL GAME: Faces IBEW Securities Fraud Suit in Nevada -------------------------------------------------------------- A putative securities fraud class action, IBEW Local 697 Pension Fund v. International Game Technology, et al., is pending in the U.S. District Court for the District of Nevada. On July 30, 2009, International Brotherhood of Electrical Workers Local 697 filed a putative securities fraud class action in the U.S. District Court for the District of Nevada, alleging causes of action under Sections 10(b) and 20(a) of the Securities Exchange Act against IGT and certain of its officers, one of whom is a director. The complaint alleges that between Nov. 1, 2007 and Oct. 30, 2008, the defendants inflated IGT's stock price through a series of materially false and misleading statements or omissions regarding IGT's business, operations, and prospects. Plaintiff's counsel issued a press release on July 30, 2009, announcing the lawsuit's pendency, the claims asserted, the purported class period, and the right of any class member to seek lead plaintiff status. This press release initiated the 60-day statutory period for shareholders to file a motion to seek lead-plaintiff status, according to International Game Technology's Aug. 13, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2009. International Game Technology -- http://www.igt.com/-- is a global gaming company specializing in the design, manufacture, and marketing of electronic gaming equipment and network systems, as well as licensing and services. The Company maintains an array of entertainment-inspired gaming product lines. In addition to its United States production facilities in Nevada, it manufactures gaming products in the United Kingdom and through a third-party manufacturer in Japan. The Company derives its revenues from the distribution of electronic gaming equipment and network systems, as well as licensing and services. Gaming operations generate recurring revenues by providing customers with its proprietary gaming equipment and network systems, as well as licensing, services, and component parts. Its product sales include the sale of gaming equipment and network systems, as well as licensing, services, and component parts. In January 2009, it acquired certain operating assets of Progressive Gaming International Corp. LEAR CORP: Consolidated Securities Fraud Suit Resolved in June -------------------------------------------------------------- A consolidated securities fraud class-action suit against Lear Corp., was resolved in June 2009. A former Lear employee filed the purported class-action suit in April 2006 before the U.S. District Court for the Eastern District of Michigan against the company, certain members of its board of directors, members of its Employee Benefits Committee, and certain members of its human resources personnel. The suit alleges violations of the Employment Retirement Income Security Act with respect to the company's retirement savings plans for salaried and hourly employees. In the second quarter of 2006, the company was served with three additional purported class action ERISA lawsuits, each of which contained similar allegations against it, the members of its Board, members of its EBC and certain members of its senior management and its human resources personnel. The court subsequently consolidated the four lawsuits as "In re: Lear Corp. ERISA Litigation." The plaintiffs filed a consolidated complaint, which alleges breaches of fiduciary duties substantially similar to those alleged in the four individually filed lawsuits. The consolidated complaint continued to name the same defendants, but added certain other current and former members of the EBC. The consolidated complaint generally alleges that the defendants breached their fiduciary duties to plan participants in connection with the administration of Lear's retirement savings plans for salaried and hourly employees. The fiduciary duty claims are largely based on allegations of breaches of the fiduciary duties of prudence and loyalty and of over-concentration of plan assets in the company's common stock. The plaintiffs purport to bring these claims on behalf of the plans and all persons who were participants in or beneficiaries of the plans from Oct. 21, 2004, to the present and seek to recover losses allegedly suffered by the plans. The complaints do not specify the amount of damages sought. During the fourth quarter of 2006, the defendants asked to have all defendants and all counts in the consolidated complaint dismissed. The court denied this dismissal motion during the second quarter of 2007. On Aug. 8, 2007, the court ordered that discovery be completed by April 30, 2008. During the first quarter of 2008, the parties exchanged written discovery requests, the defendants filed with the court a motion to compel the plaintiffs to provide more complete discovery responses, which was granted in part and denied in part, and the plaintiffs filed their motion for class certification. In mid-April 2008, the parties entered into an agreement to stay all matters pending mediation. The mediation took place on May 12, 2008, but has not resulted in a settlement to date. The defendants took the named plaintiffs' depositions in June 2008. Discovery closed on June 23, 2008, and the defendants filed their opposition to the plaintiffs' motion for class certification on July 7, 2008. The plaintiffs have requested additional time for discovery, and the court has not yet ruled on that request. On Sept. 25, 2008, the parties informed the court that they had reached a settlement in principle. The parties currently are negotiating the terms of the full settlement agreement and class notification, court approval and other related filings. On March 6, 2009, the parties executed a class action settlement agreement. The settlement agreement provides, among other things, for the payment of $5.3 million into a settlement fund in exchange for a release of all defendants from any and all of plaintiffs' claims, whether known or unknown, based upon investment in the Company's common stock or the Lear Corporation Stock Fund by or through the plans from Oct. 21, 2004 through March 6, 2009. The court preliminarily certified the class and preliminarily approved the settlement agreement during a hearing on March 23, 2009. The court entered its final order certifying the class and approving the settlement agreement on June 22, 2009, and this matter has now been resolved other than routine administration of the settlement, according to the company's Aug. 13, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2009. The suit is Malloy v. Lear Corp., et al., Case No. 06-cv-11735 (E.D. Mich.) (O'Meara, J.) Representing the plaintiffs is: Stephen F. Wasinger, Esq. STEPHEN F. WASINGER, PLC 32121 Woodward Avenue 300 Balmoral Centre Royal Oak, MI 48073-0999 Phone: 248-554-6306 E-mail: sfw@sfwlaw.com Representing the defendant is: Thomas G. McNeill, Esq. DICKINSON WRIGHT 500 Woodward Avenue, Suite 4000 Detroit, MI 48226-3425 Phone: 313-223-3500 E-mail: TMcNeill@dickinsonwright.com NOVA SCOTIA: Students Threaten to Sue If Strike Not Resolved ------------------------------------------------------------ Christopher Gooding, writing for the Amherst Daily News, reports that With time slipping away toward a strike by the staff and faculty of Nova Scotia Community Colleges across the province, students of the Cumberland campus took charge of their fate and launched a media campaign announcing they will seek out legal action if the province doesn't agree to binding arbitration. In between cell-phone calls to media outlets and lawyers, Mr. Gooding relates, Ruby Hunter and Charlene Woods met with fellow students, Springhill mayor Allen Dill and Gary Brown, representing federal Liberal candidate Jim Burrows, on Friday. Their goal, the human resource students say, is for the province and the Nova Scotia Teachers Union to avoid a strike and disruption of classes. Otherwise, the province could be facing a class-action suit with 25,000 NSCC students listed as the plaintiffs. Mr. Gooding's complete report is available at: http://www.amherstdaily.com/index.cfm?sid=295561&sc=58 ON2 TECHNOLOGIES: Defends Suits Google Merger Agreement Lawsuit --------------------------------------------------------------- On2 Technologies, Inc., is defending two purported class action complaints filed in relation to the merger agreement with Google Inc., according to the company's Aug. 12, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2009. On Aug. 10, 2009, the company was served with two complaints, one filed in the Court of Chancery of the State of Delaware and another filed in the Supreme Court of the State of New York, County of Queens. Both complaints generally allege, among other things, that the members of the company's board of directors breached their fiduciary duties to the stockholders of the company in connection with negotiating and entering into the previously disclosed merger agreement with Google Inc., and that Google and the company aided and abetted in such alleged breaches of the directors' duties. Both complaints seek, among other things, declaratory and injunctive relief and the Delaware complaint also seeks damages in an unspecified amount. On2 Technologies, Inc. -- http://www.on2.com/-- is a developer of video compression technology and technology that enables the creation, transmission, and playback of multimedia in resource- limited environments, such as cellular networks transmitting to battery operated mobile handsets or high definition (HD) video transmitted over the Internet. PEROT SYSTEMS: Another Lawsuit Challenges Dell Transaction ---------------------------------------------------------- Courthouse News Service reports that Perot Systems shareholders say the company is selling itself too cheaply to Dell computers because Dell has arranged for Perot directors to rake in $64 million from the deal. Shareholders say Dell's $30 per share offer is too low, and that a $130 million "no shop" penalty prevents the Perot board from seeking a better deal. The deal, which is expected to be closed by January, compels Perot Systems to tell Dell if a third party makes a better offer, so that Dell can match it. This "discourage(s) bidders from making a competing bid," the class claims. Shareholders say the defendant companies are profiting unfairly from the nation's economic meltdown. Perot Systems increased its earnings by 4 percent in the first quarter of 2009 over the first quarter of 2008, illustrating that the $3.9 billion offer does not reflect the company's actual worth, according to the complaint. Lead plaintiff Delores Lawrie says Perot Systems' SEC filing leaves shareholders in the dark: it does not state how much Dell has paid Goldman Sachs for past services, nor how much Goldman Sachs is getting for advising Perot Systems on this sale, a possible conflict of interest. The class wants the sale enjoined, or rescinded if it is completed before the court decides the case. A copy of the Complaint in Lawrie v. Altabef, et al., Cause No. 296-03947-2009 (Tex. Dist. Ct., __ J. Dist., Collin Cty.), is available at: http://www.courthousenews.com/2009/10/19/DellPerot.pdf Ms. Lawrie is represented: Willie Briscoe, Esq. THE BRISCOE LAW FIRM, LLP 8117 Preston Road, Suite 300 Dallas, TX 75225 Telephone: 214-706-9314 - and - Joseph Levi, Esq. Juan E. Monteverde, Esq. LEVI & KORSINSKY, LLP 30 Broad Street, 15th Floor New York, NY 10004 Telephone: 212-363-7500 Coverage of Booth Family Trust v. Perot Systems Inc., et al., Cause No. DC-09-13538 (Tex. Dist. Ct., Dallas Cty.), also claiming that the $3.9 billion Dell Inc., is offering to Perot shareholders is inadequate, filed on Oct. 5, 2009, appeared in the Class Action Reporter on Oct. 13, 2009. PUBLIC STORAGE: Review Bid in "Brinkley" Suit Pending in Calif. --------------------------------------------------------------- A petition for review of the rulings in the purported class action suit, Brinkley v. Public Storage, Inc., remains pending, according to Public Storage Properties, Ltd.'s Aug. 13, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2009. The complaint was filed in April 2005 in the Superior Court of California for Los Angeles County. The plaintiff sued the company on behalf of a purported class of California non-exempt employees based on various California wage and hour laws and seeking monetary damages and injunctive relief. In May 2006, a motion for class certification was filed seeking to certify five subclasses. Plaintiff sought certification for alleged meal period violations, rest period violations, failure to pay for travel time, failure to pay for mileage reimbursement, and for wage statement violations. In October 2006, the Court declined to certify three out of the five subclasses. The Court did, however, certify subclasses based on alleged meal period and wage statement violations. Subsequently, the company filed a motion for summary judgment seeking to dismiss the matter in its entirety. On June 22, 2007, the Court granted the company's summary judgment motion as to the causes of action relating to the subclasses certified and dismissed those claims. The only surviving claims are those relating to the named plaintiff. The plaintiff has filed an appeal to the Court's June 22, 2007 summary judgment ruling. On Oct. 28, 2008, the Court of Appeals sustained the trial court's ruling. The plaintiff filed a petition for review with the California Supreme Court, which was granted but further action in this matter was deferred pending consideration and disposition of a related issue in Brinker Restaurant Corp. v. Superior Court, which is pending before the California Supreme Court. Public Storage Properties, Ltd. was established to engage in the business of developing and operating self-storage facilities for personal and business use. The Partnership is the owner and operator of self-storage facilities. The Partnership manages over 2,100 self-storage facilities located in 38 United States states and seven western European nations with approximately 135 million net rentable square feet. Through one of its affiliates, PS Business Parks, the Partnership has an equity interest in approximately 19 million net rentable square feet of commercial and industrial space located in eight states. Self-storage facilities in which the Partnership has invested consist of 3 to 7 buildings containing an aggregate of between approximately 250 to 1,100 storage spaces, most of which have between 25 and 400 square feet and an interior height of approximately 8 to 12 feet. REPUBLIC WASTE: Fla. Ct. Certifies Cecos Site Plaintiff Class ------------------------------------------------------------- Bob Anderson at The Advocate reports that District Judge Ernest Drake in Florida's 21st Judicial District Court has certified a plaintiff class consisting of everybody living within the a six- mile radius of the Cecos hazardous waste site (now owned by Republic Waste) between 1977 and 1990. The Plaintiffs' lawyers: Lewis O. Unglesby, Esq. UNGLESBY & MARIONNEAUX 246 Napoleon Street Baton Rouge, LA 70802 Telephone: (225) 387-0120 - and - Calvin C. Fayard, Jr., Esq. FAYARD & HONEYCUTT 519 Florida Avenue Southwest Denham Springs, LA 70726 Telephone: (225) 664-0304 tell Mr. Anderson that thousands of people are included in the class definition. Mr. Anderson's full report is available at http://www.2theadvocate.com/news/64713967.html SCORES HOLDING: Discovery in "Diaz" Wage and Hour Suit Ongoing -------------------------------------------------------------- A purported class-action suit, Diaz v. Scores Holding Company, Inc. et al., is in discovery, according to the company's Aug. 13, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2009. . The suit was filed in the U.S. District Court for the Southern District of New York against Scores Holding Co., Inc., formerly Adonis Energy, Inc. On Oct. 9, 2007, former Go West bartender Siri Diaz filed the purported class action suit and collective action on behalf of all tipped employees against the company and other defendants alleging violations of federal and state wage/hour laws. The suit is captioned, "Siri Diaz et al. v. Scores Holding Company, Inc.; Go West Entertainment, Inc. a/k/a Scores West Side; and Scores Entertainment, Inc., a/k/a Scores East Side, Case No. 07 Civ. 8718," which was filed in the U.S. District Court for the Southern District of New York. On Nov. 6, 2007, the plaintiffs served an amended purported class-action and collective action complaint, naming dancers and servers as additional plaintiffs and alleging the same violations of federal and state wage and hour laws. On or about Feb. 21, 2008, the plaintiffs served a second amended complaint adding two additional party defendants, but limiting the action to persons employed in the New York Scores' clubs. The amended complaint alleges that the defendants are "an integrated enterprise" and that the company jointly employ the plaintiffs, subjecting all of the defendants to liability for the alleged wage/hour violations. On April 18, 2008, co-defendant Go West filed for bankruptcy. On behalf of Scores Holding and the other defendants, the company filed a motion to dismiss that portion of the complaint that asserted state law class action allegations. The company also moved to dismiss the claims of two of the named plaintiffs for failure to appear for depositions. At the same time, the plaintiffs moved for conditional certification under the federal law for a class of the servers, bartenders and dancers. On May 9, 2008, the court issued its decision, denying the motion to dismiss and granting conditional certification for a class of servers, cocktail waitresses, bartenders and dancers who have worked at Scores East since October 2004. The case is stayed as against Go West pursuant to the bankruptcy law. The court directed that notice be sent to all potential class members. Discovery into both the procedural and substantive issues is ongoing, as are settlement negotiations. The suit is Diaz v. Scores Holding Company, Inc. et al., Case No. 07-cv-08718 (SDNY) (Berman, J.) Representing the plaintiffs is: Tammy Marzigliano, Esq. OUTTEN & GOLDEN LAW FIRM 3 Park Avenue, 29th Floor New York, NY 10016 Phone: 212-245-1000 Fax: 212-977-4005 E-mail: tm@outtengolden.com Representing the defendants is: Jerrold Foster Goldberg, Esq. GREENBERG TRAURIG, LLP 200 Park Avenue New York, NY 10166 Phone: 212-801-9209 Fax: 212-805-9209 E-mail: GoldbergJ@gtlaw.com SUR LA TABLE: Retailer Sued for Alleged Labor Law Violations ----------------------------------------------------------- Shane Upson, individually and on behalf of members of the general public similarly situated, sued Sur La Table, Inc., Docket No. BC424012 (Calif. Super. Ct., Los Angeles Cty.), on Oct. 15, 2009. The Plaintiff says the 76-store national retailer violated labor laws. The Plaintiff is represented by: Matthew Righetti, Esq. John Glugoski, Esq. RIGHETTI LAW FIRM, PC 456 Montgomery Street, Suite 1400 San Francisco, CA 94104 Telephone: 415-983-0900 - and - Edwin Aiwazian, Esq. Ghazaleh Hekmatjah, Esq. THE AIWAZIAN LAW FIRM 410 W. Arden Avenue, Suite 203 Glendale, CA 91203 Telephone: 818-265-1020 T-MOBILE: Sued, with MSFT & Danger, Over Sidekick in N.D. Calif. ----------------------------------------------------------------- Eli Mapstead v. T-Mobile USA, Inc., et al, Case No. 09-cv-04901 (N.D. Calif.), accuses T-Mobile USA, Inc., Danger, Inc., and Microsfot Corporation, of misrepresenting and concealing material information in their marketing, advertising and sale of Sidekick services. The Plaintiff is represented by: Ira P. Rothken, Esq. ROTHKEN LAW FIRM 3 Hamilton Landing, Suite 280 Novato, CA 94949 Telephone: 415-924-4250 E-mail: ira@techfirm.com - and - Seth R. Lesser, Esq. KLAFTER OLSEN & LESSER LLP Two International Drive, Suite 350 Rye Brook, NY 10573 Telephone: 914-934-9200 E-mail: seth@kalfterolsen.com Information about a similar Sidekick suit, Thompson v. T-Mobile USA, Inc., et al., Case No. 09-cv-04854 (N.D. Calif.) (Lloyd, M.J.), appeared in the Oct. 16, 2009, edition of the Class Action Reporter. WEIGHT WATCHERS: "Sabatino" Labor Law Case Removed to N.D. Calif. ----------------------------------------------------------------- Weight Watchers North America, Inc., removed Elaine Sabatino's class action lawsuit alleging labor law violations on behalf of a class of at least 1,000 individuals from state to federal court on Oct. 16, 2009. The state court proceeding is Sabatino v. Weight Watchers North America, Inc., Docket No. CGC-09-492651 (Calif. Super. Ct., San Francisco Cty., filed Sept. 17, 2009). The federal court proceeding is Sabatino v. Weight Watchers North America, Inc., Case No. 09-cv-4926 (N.D. Calif.). Weight Watchers says it "denies any liability in this case" and "intends to vigorously oppose class certification." The Plaintiff is represented by: Arthur A. Navarette, Esq. C. Zane Becker, Esq. NAVARETTE LAW FIRM 1625 The Alameda, Suite 700 San Jose, CA 95126 Telephone: 408-275-9500 - and - Steven G. Zeiff, Esq. Kenneth J. Sugarman, Esq. RUDY, EXELROD, ZIEFF & LOEW, LLP 351 California St., Suite 700 San Francisco, CA 94104 Telephone: 415-434-9800 Weight Watchers is represented by: Christopher J. Martin, Esq. Rachel S. Brass, Esq. GIBSON, DUNN & CRUTCHER LLP 666 Mission Street, Suite 3300 San Francisco, CA 94105-2933 Telephone: 415-393-8200 - and - Jesse A. Cripps, Jr., Esq. GIBSON, DUNN & CRUTCHER LLP 333 South Grand Avenue Los Angeles, CA 90071 Telephone: 213-229-7000 ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland USA. Gracele D. Canilao, Leah Felisilda and Peter A. Chapman, Editors. Copyright 2009. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $575 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. 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