/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/100111.mbx C L A S S A C T I O N R E P O R T E R Monday, January 11, 2010, Vol. 12, No. 6 Headlines ANADIGICS INC: Defends Consolidated Securities Suit in D. N.J. AUTHENTIDATE HOLDING: Appeal of Dismissal of N.Y. Suit Pending DAVITA INC: Awaits Approval of Agreements to Settle Three Suits DAVITA INC: Plaintiffs Appeal Dismissal of RICO Violations Suit DAVITA INC: Continues to Defend Blue Cross Suit in Louisiana DAVITA INC: Ex-Employee Suit Versus Gambro Healthcare Ongoing GENTA INC: Appeal of Dismissed Shareholder Complaint Pending INSIGHT ENTERPRISES: Defends Securities Lawsuit in Arizona MEDEFILE INT'L: Class Certification in TCPA Breach Suit Pending MEMC ELECTRONIC: Continues to Defend Consolidated Suit in Mo. MEMC ELECTRONIC: Motion to Dismiss "Jones" Suit Still Pending PACIFIC WEBWORKS: Faces Three Suits over Pricing of Products SCORES HOLDING: Plaintiffs File Third Amended Complaint in N.Y. SINOENERGY CORP: Faces Amended Complaint over Sale to Skywide ZYNEX INC: Defends Suits on Restatement of Unaudited Statements ********* ANADIGICS INC: Defends Consolidated Securities Suit in D. N.J. -------------------------------------------------------------- ANADIGICS, Inc., continues to defend a Consolidated Amended Class Action Complaint alleging misrepresentations and omissions relating to, among other things, the company's manufacturing capabilities and the demand for its products, according to the company's Nov. 5, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Oct. 3, 2009. On or about Nov. 11, 2008, plaintiff Charlie Attias filed a putative securities class action lawsuit in the U.S. District Court for the District of New Jersey, captioned Charlie Attias v. Anadigics, Inc., et al., No. 3:08-cv-05572, and, on or about Nov. 21, 2008, plaintiff Paul Kuznetz filed a related class action lawsuit in the same court, captioned Paul J. Kuznetz v. Anadigics, Inc., et al., No. 3:08-cv-05750. The Complaints in the Class Actions, which were consolidated by an Order of the District Court dated Nov. 24, 2008, seek unspecified damages for alleged violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as well as Rule 10b-5 promulgated thereunder, in connection with alleged misrepresentations and omissions relating to, among other things, Anadigics's manufacturing capabilities and the demand for its products. On Oct. 23, 2009, plaintiffs filed a Consolidated Amended Class Action Complaint, which names the company, a current officer and a former officer-director, and alleges a proposed class period that runs from July 24, 2007 through Aug. 7, 2008. Defendants' response to that Amended Complaint was due to be filed by Dec. 23, 2009. ANADIGICS, Inc. -- http://www.anadigics.com/-- is a provider of semiconductor solutions in the growing broadband wireless and wireline communications markets. AUTHENTIDATE HOLDING: Appeal of Dismissal of N.Y. Suit Pending -------------------------------------------------------------- An appeal from the dismissal of a consolidated securities fraud class action pending against Authentidate Holding Corp. and certain of its current and former officers and directors remains pending. Between June and August 2005, six purported shareholder class action complaints were filed before the U.S. District Court for the Southern District of New York against the company and certain of current and former officers and directors. The plaintiffs in these actions allege that the defendants violated Sections 10(b) and 20(a) of the U.S. Securities Exchange Act of 1934 and Sections 11, 12(a), and 15 of the Securities Act of 1933. The securities law claims are based on the allegation that the company failed to disclose that the U.S. Postal Service could cancel its August 2002 contract with it if the company did not meet certain performance metrics, and when it disclosed in 2005 that the USPS could cancel its contract because the company had not met those performance metrics, the market price of its stock declined. The class-action complaints seek unspecified monetary damages. Certain plaintiffs and purported shareholders filed motions seeking to consolidate the class actions and to be appointed a lead plaintiff under the Private Securities Litigation Reform Act. On Oct. 5, 2005, the court consolidated the class actions as "In re Authentidate Holding Corp. Securities Litigation, C.A. No. 05 Civ. 5323 (LTS)," and appointed the Illinois State Board of Investment as lead plaintiff under the Private Securities Litigation Reform Act. The plaintiffs filed an amended consolidated complaint in January 2006, asserting the same claims as the prior complaints and also alleged that the company violated the federal securities laws by misrepresenting that it possessed certain patentable technology. In July 2006, the court dismissed the amended complaint in its entirety. Certain claims were dismissed with prejudice and the plaintiffs were given leave to replead those claims, which were not dismissed with prejudice. In August 2006, the plaintiffs filed a second amended complaint, which does not assert any claims relating to the company's patents, but which otherwise is substantially similar to the prior complaint. The second amended complaint seeks unspecified monetary damages. The company moved to dismiss the second amended complaint on Nov. 13, 2006. On March 26, 2009, the company reported that the U.S. District Court for the Southern District of New York dismissed with prejudice the shareholder class actions filed against the company and certain of its current and former directors and former officers. On April 24, 2009, the lead plaintiff filed a notice of appeal of the decision of the U.S. District Court for the Southern District of New York with the U.S. Court of Appeals for the Second Circuit. No further updates were reported in the company's Nov. 16, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Sept. 30, 2009. The suit is In Re: Authentidate Holding Corp. Securities Litigation, Case No. 05-05323 (S.D.N.Y.)(Swain, J.) Representing the plaintiffs are: Richard William Gonnello, Esq. Andrew J. Entwistle, Esq. Johnston de Forest Whitman, Jr., Esq. Entwistle & Cappucci, LLP 280 Park Avenue, 26th Floor West New York, NY 10017 Phone: 212-894-7200 Fax: 212-894-7272 E-mail: rgonnello@entwistle-law.com aentwistle@entwistle-law.com jwhitman@entwistle-law.com - and - Samuel Howard Rudman, Esq. Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP 200 Broadhollow Road, Ste. 406 Melville, NY 11747 Phone: 631-367-7100 Fax: 631-367-1173 E-mail: srudman@lerachlaw.com Representing the defendants is: Irwin Howard Warren, Esq. Weil, Gotshal & Manges, LLP 767 Fifth Avenue New York, NY 10153 Phone: 212-310-8000 Fax: 212-833-3148 E-mail: irwin.warren@weil.com DAVITA INC: Awaits Approval of Agreements to Settle Three Suits --------------------------------------------------------------- DaVita Inc. continues to await approval from the Superior Court of California of agreements to settle three class action complaints, according to the company's Nov. 5, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Sept. 30, 2009. Several wage and hour claims have been filed against the company in the Superior Court of California, each of which has been styled as a class action. In February 2007, June 2008, October 2008 and December 2008, the company was served with separate complaints by various former employees, each of which alleges, among other things, that the company failed to provide rest and meal periods, failed to pay compensation in lieu of providing such rest or meal periods, and failed to comply with certain other California labor code requirements. The company has reached a tentative settlement in the complaints served on February 2007, October 2008 and December 2008 and is waiting for court approval of the settlement. In October 2008, the company was served with a complaint which alleges, among other things, that the company failed to pay the rate on the "wage statement," and failed to comply with other California labor code requirements. DaVita Inc. -- http://www.davita.com/-- provides dialysis services for those diagnosed with chronic kidney failure, a condition also known as chronic kidney disease. The company has over 1,500 outpatient dialysis facilities and acute units in over 700 hospitals. The company is located in 43 states and the District of Columbia, serving approximately 115,000 patients. DAVITA INC: Plaintiffs Appeal Dismissal of RICO Violations Suit --------------------------------------------------------------- The plaintiffs in a class action against DaVita Inc. alleging violations of the Racketeer Influenced and Corrupt Organizations Act are appealing the dismissal of the suit, according to the company's Nov. 5, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Sept. 30, 2009. In August 2007, Sheet Metal Workers National Health Fund and Glenn Randle filed a complaint in the U.S. District Court for the Central District of California against the company. The complaint also names as defendants Amgen Inc. and Fresenuis Medical Care Holdings, Inc. The complaint is styled as a class action and alleges four claims against the company, including violations of the federal RICO statute, California's unfair competition law, California's false advertising law and for unjust enrichment. The complaint's principal allegations against the company are that the defendants engaged in a scheme to unlawfully promote the administration of Epogen(R) to hemodialysis patients intravenously, as opposed to subcutaneously, and to over-utilize EPO. On Dec. 17, 2008, the Court dismissed the complaint and allegations in their entirety with permission of plaintiffs to amend the complaint. The company was not named as a defendant in plaintiff's amended complaint. In June 2009, the Court dismissed the remainder of the case. Following the dismissal, plaintiffs filed a notice of appeal. The notice of appeal seeks review by the U.S. Court of Appeals for the Ninth Circuit of all of the district court's dismissal rulings, including the ruling dismissing the company as a defendant. DaVita Inc. -- http://www.davita.com/-- provides dialysis services for those diagnosed with chronic kidney failure, a condition also known as chronic kidney disease. The company has over 1,500 outpatient dialysis facilities and acute units in over 700 hospitals. The company is located in 43 states and the District of Columbia, serving approximately 115,000 patients. DAVITA INC: Continues to Defend Blue Cross Suit in Louisiana ------------------------------------------------------------ DaVita Inc. continues to defend a complaint filed by Blue Cross/Blue Shield of Louisiana in the U.S. District Court for the Western District of Louisiana, according to the company's Nov. 5, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Sept. 30, 2009. The suit was filed in August 2005 against Gambro AB, DVA Renal Healthcare (formerly known as Gambro Healthcare) and related entities. The plaintiff sought to bring its claims as a class action on behalf of itself and all entities that paid any of the defendants for health care goods and services from on or about January 1991 through at least December 2004. The complaint alleged, among other things, damages resulting from facts and circumstances underlying Gambro Healthcare's 2004 settlement agreement with the Department of Justice and certain agencies of the U.S. government. In March 2006, the case was dismissed and the plaintiff was compelled to seek arbitration to resolve the matter. In November 2006, the plaintiff filed a demand for class arbitration against the company and DVA Renal Healthcare. The company intends to vigorously defend against these claims. The company also intends to vigorously oppose the certification of this matter as a class action. DaVita Inc. -- http://www.davita.com/-- provides dialysis services for those diagnosed with chronic kidney failure, a condition also known as chronic kidney disease. The company has over 1,500 outpatient dialysis facilities and acute units in over 700 hospitals. The company is located in 43 states and the District of Columbia, serving approximately 115,000 patients. DAVITA INC: Ex-Employee Suit Versus Gambro Healthcare Ongoing ------------------------------------------------------------- Gambro Healthcare continues to face a complaint filed by a former employee over failure to provide overtime wages, according to the DaVita Inc.'s Nov. 5, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Sept. 30, 2009. Gambro Healthcare was purchased by the company in 2005. In June 2004, Gambro Healthcare was served with a complaint filed in the Superior Court of California by one of its former employees who worked for its California acute services program. The complaint, which is styled as a class action, alleges, among other things, that DVA Renal Healthcare failed to provide overtime wages, defined rest periods and meal periods, or compensation in lieu of such provisions and failed to comply with certain other California labor code requirements. The company continues to oppose the certification of this matter as a class action. DaVita Inc. -- http://www.davita.com/-- provides dialysis services for those diagnosed with chronic kidney failure, a condition also known as chronic kidney disease. The company has over 1,500 outpatient dialysis facilities and acute units in over 700 hospitals. The company is located in 43 states and the District of Columbia, serving approximately 115,000 patients. GENTA INC: Appeal of Dismissed Shareholder Complaint Pending ------------------------------------------------------------ The plaintiffs' appeal of the dismissal of a class action complaint styled Collins v. Warrell, Docket No. L-3046-08, against Genta Inc. reamins pending, according to the company's Nov. 16, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Sept. 30, 2009. In September 2008, several shareholders of the company, on behalf of themselves and all others similarly situated, filed a class action complaint against the Genta, the Board of Directors, and certain of its executive officers in Superior Court of New Jersey. The complaint alleged that in issuing convertible notes, the Board of Directors, and certain officers breached their fiduciary duties, and the company aided and abetted the breach of fiduciary duty. On March 20, 2009, the Superior Court of New Jersey granted the motion of the company to dismiss the class action complaint and dismissed the complaint with prejudice. On April 30, 2009, the plaintiffs filed a notice of appeal with the Appellate Division. On May 13, 2009, the plaintiffs filed a motion for relief from judgment based on a claim of new evidence, which was denied on June 12, 2009. The plaintiffs also asked the Appellate Division for a temporary remand to permit the Superior Court judge to resolve the issues of the new evidence plaintiffs sought to raise. By order dated June 25, 2009, and filed on July 6, 2009, the Appellate Division granted the motion for temporary remand, and directed the issues on remand to be resolved in 30 days. A hearing on the plaintiffs' motion was held on July 31, 2009, at which time the Court permitted letter briefing on the issues raised during that hearing. The plaintiffs submitted a letter brief on Aug. 3, 2009, and the company submitted a letter brief on Aug. 5, 2009. Following briefing and a hearing, the Superior Court denied the motion for relief from judgment on Aug. 28, 2009. Thus, this matter will proceed in the Appellate Division. Plaintiffs' brief before the Appellate Division was due Oct. 28, 2009, and the company's responsive brief was due Nov. 30, 2009. Genta Incorporated -- http://www.genta.com/-- is a biopharmaceutical company engaged in pharmaceutical (drug) research and development. The company focuses on the identification, development and commercialization of drugs for the treatment of cancer and related diseases. Genta's research portfolio consists of two major programs: Deoxyribonucleic Acid (DNA)/Ribonucleic Acid (RNA) Medicines and Small Molecules. INSIGHT ENTERPRISES: Defends Securities Lawsuit in Arizona ---------------------------------------------------------- Insight Enterprises, Inc., continues to defend a purported securities class-action lawsuits in the U.S. District Court for the District of Arizona. Beginning in March 2009, three purported class action lawsuits were filed in the U.S. District Court for the District of Arizona against the company and certain of its current and former directors and officers on behalf of purchasers of the company's securities during the period April 22, 2004 to Feb. 6, 2009. The plaintiffs in two of these lawsuits voluntarily dismissed their complaints in May and June 2009, and the court appointed a lead plaintiff and lead counsel on June 24, 2009. The plaintiff in the remaining action amended their class action complaint in September 2009. The amended complaint seeks unspecified damages and asserts claims under the federal securities laws relating to the company's Feb. 9, 2009 announcement that the company expected to restate its financial statements for the year ended Dec. 31, 2007 and for the first three quarters of 2008 and that the restatement would include a material reduction of retained earnings. In addition to claims relating to the company's earlier restatement, the amended complaint also includes additional allegations regarding other purported accounting and revenue recognition issues during the class period. The amended complaint contends that the company issued false and misleading financial statements and issued misleading public statements about its results of operations. The amended complaint also added the company's independent registered public accounting firm as a defendant. None of the defendants has responded to the amended complaint at this time, according to the company's Nov. 5, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Sept. 30, 2009. Insight Enterprises, Inc. -- https://www.insight.com/ -- is a provider of brand-name information technology hardware, software and services to small, medium and large businesses and public sector institutions in North America, Europe, the Middle East, Africa and Asia-Pacific. The company operates in three geographic segments: North America, EMEA and APAC. Insight is a provider of technology solutions, helping companies globally design, enable, manage and secure their IT environment with the process knowledge, technical expertise and product fulfillment and logistics capabilities. Insight is located in 22 countries and support clients in 170 countries, transacting business in 17 languages and 13 currencies. The company's offerings in North America and the United Kingdom include IT hardware, software and services. The offerings in the remainder of the EMEA segment and in APAC only include software and select software-related services. MEDEFILE INT'L: Class Certification in TCPA Breach Suit Pending --------------------------------------------------------------- A class has yet to be certified by the District Court of Arizona in the Consumer Protection Corp.'s suit against Medefile International, Inc. On Sept. 8, 2008, the company was notified via a process server of a proposed class action suit brought by CPC in Superior Court in the State of Arizona. CPC alleges that the company sent an unsolicited facsimile advertisement in violation of the Telephone Consumer Protection Act of 1991 (TCPA). On Oct. 8, 2008, the matter was moved to the District Court of Arizona. On Oct. 28, 2008, the company filed a motion to dismiss the action based on the plaintiff's failure to properly allege a cause of action. CPC filed a response to the company's motion to dismiss on Nov. 4, 2008. CPC is seeking damages of $500 per member of the class. No further updates were reported in the company's Nov. 16, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Sept. 30, 2009. Medefile International, Inc. -- http://www.medefile.com/-- through its subsidiary, Medefile, Inc., has developed a system for gathering, digitizing, storing and distributing information for the healthcare field. The company has created a system for gathering and digitizing medical records so that individuals can have a record of all of their medical visits. Medefile's primary product is the MedeFile system, a secure system for gathering and maintaining medical records. The MedeFile system is designed to gather all of its members' medical records and create a single, comprehensive medical record that is accessible round the clock. MEMC ELECTRONIC: Continues to Defend Consolidated Suit in Mo. ------------------------------------------------------------- MEMC Electronic Materials Inc., continues to defend a consolidated suit alleging violations of the Securities Exchange Act, according to the company's Nov. 5, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Sept. 30, 2009. On Sept. 26, 2008, a putative class action lawsuit was filed in the U.S. District Court for the Eastern District of Missouri by plaintiff Minneapolis Firefighters' Relief Association asserting claims against MEMC and Nabeel Gareeb, MEMC's former Chief Executive Officer. On Oct. 10, 2008, a substantially similar putative class action lawsuit was filed by plaintiff Donald Jameson against MEMC, Mr. Gareeb and Ken Hannah, MEMC's Chief Financial Officer. These cases purportedly are brought on behalf of all persons who acquired shares of MEMC's common stock between June 13, 2008 and July 23, 2008, inclusive (the Class Period). Both complaints allege that, during the Class Period, MEMC failed to disclose certain material facts regarding MEMC's operations and performance, which had the effect of artificially inflating MEMC's stock price in violation of Section 10(b) of the Securities Exchange Act of 1934. Plaintiffs further allege that Messrs. Gareeb and Hannah are subject to liability under Section 20(a) of the Act as control persons of MEMC. Plaintiffs seek certification of the putative class, unspecified compensatory damages, interest and costs, as well as ancillary relief. On Dec. 12, 2008, these actions were consolidated, and the Court appointed Mahendra A. Patel as lead plaintiff. Plaintiff filed a consolidated amended complaint on Feb. 23, 2009. Defendants filed a motion to dismiss on April 10, 2009, plaintiff filed his opposition to the motion on May 29, 2009 and defendants filed their reply in support of their motion on June 24, 2009. The parties have fully briefed defendants' motion to dismiss the consolidated amended complaint, and await the setting of oral argument in the matter. MEMC Electronic Materials Inc. -- http://www.memc.com/-- is engaged into designing, manufacturing, and selling of silicon wafers. Its customers include major semiconductor device and solar cell (device) manufacturers. It provides wafer in sizes ranging from 100 millimeters (4 inch) to 300 millimeters (12 inch). The company also sells intermediate products, such as polysilicon, silane gas, ingots and scrap wafers to semiconductor device and equipment makers, solar cell and module manufacturers, flat panel and other industries. The company offers variety of wafers varying in size, surface features, composition, purity levels, crystal properties and electrical properties. In November 2009, the company completed the acquisition of Sun Edison LLC. MEMC ELECTRONIC: Motion to Dismiss "Jones" Suit Still Pending ------------------------------------------------------------- Memc Electronic Materials Inc.'s motion to dismiss an amended class action complaint alleging violations of the Employee Retirement Income Security Act remains pending, according to the company's Nov. 5, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Sept. 30, 2009. On Dec. 26, 2008, a putative class action lawsuit was filed in the U.S. District Court for the Eastern District of Missouri by plaintiff, Jerry Jones, purportedly on behalf of all participants in and beneficiaries of MEMC's 401(k) Savings Plan between Sept. 4, 2007 and Dec. 26, 2008, inclusive. The complaint asserted claims against MEMC and certain of its directors, employees and/or other unnamed fiduciaries of the Plan. The complaint alleges that the defendants breached certain fiduciary duties owed under the Employee Retirement Income Security Act, generally asserting that the defendants failed to make full disclosure to the Plan's participants of the risks of investing in MEMC's stock and that the company's stock should not have been made available as an investment alternative in the Plan. The misstatements alleged in the complaint significantly overlap with the misstatements alleged in a federal securities class action also faced by the company. On June 1, 2009, an amended class action complaint was filed by Mr. Jones and another purported participant of the Plan, Manuel Acosta, which raises substantially the same claims and is based on substantially the same allegations as the original complaint. However, the amended complaint changes the period of time covered by the action, purporting to be brought on behalf of beneficiaries of and/or participants in the Plan from June 13, 2008 through the present, inclusive (the Class Period). The amended complaint seeks unspecified monetary damages, including losses the participants and beneficiaries of the Plan allegedly experienced due to their investment through the Plan in MEMC's stock, equitable relief and an award of attorney's fees. No class has been certified and discovery has not begun. The company and the named directors and employees filed a motion to dismiss the complaint on July 27, 2009. The motion is fully briefed as of Oct. 9, 2009 and is pending ruling by the court. Memc Electronic Materials Inc. -- http://www.memc.com/-- is engaged into designing, manufacturing, and selling of silicon wafers. Its customers include major semiconductor device and solar cell (device) manufacturers. It provides wafer in sizes ranging from 100 millimeters (4 inch) to 300 millimeters (12 inch). The company also sells intermediate products, such as polysilicon, silane gas, ingots and scrap wafers to semiconductor device and equipment makers, solar cell and module manufacturers, flat panel and other industries. The company offers variety of wafers varying in size, surface features, composition, purity levels, crystal properties and electrical properties. In November 2009, the company completed the acquisition of Sun Edison LLC. PACIFIC WEBWORKS: Faces Three Suits over Pricing of Products ------------------------------------------------------------ Pacific WebWorks, Inc., faces three actions alleging fraud and deceptive trade practices, according to the company's Dec. 30, 2009, Form 8-K filing with the U.S. Securities and Exchange Commission. During November 2009 three lawsuits were filed against the company in various jurisdictions. The legal actions allege similar claims related to procedures the company uses to sell its products in the ordinary course of business. On Nov. 9, 2009, Barbara Ford filed an action in the Circuit Court of Cook County, Illinois, Chancery Division. A second action was filed on Nov. 12, 2009, by Deanna Pelletier in the Superior Court of the State of California, County of Solano. A third action was filed by Lisa Rasmussen on Nov. 20, 2009, in the Superior Court of Washington, Snohomish County. All three plaintiffs are being represented by the same legal firm and each complaint seeks class action certification. The complaints allege that Pacific WebWorks committed fraud and used deceptive trade practices in relation to the manner in which Pacific WebWorks charges purchases of its products. Each action seeks compensatory and punitive damages, plus reasonable costs and attorney fees. In response to these actions, Pacific WebWorks retained the law firm of Snell and Wilmer as legal counsel. Pacific WebWorks, Inc. -- http://www.pacificwebworks.com/-- is an application service provider and software development firm that develops business software technologies and services for business merchants and organizations using Internet and other technologies. The company specializes in turnkey applications allowing small to medium sized businesses to expand over the Internet. Its product family provides tools for Website creation, management and maintenance, electronic business storefront hosting and Internet payment systems for the small to medium sized business and organization. The company has four wholly owned operating subsidiaries: Intellipay, Inc., TradeWorks Marketing, Inc., FundWorks, Inc. and Pacific WebWorks International, LTD. SCORES HOLDING: Plaintiffs File Third Amended Complaint in N.Y. --------------------------------------------------------------- Plaintiffs in a purported class action against Scores Holding Co. Inc., alleging violations of wage/hours laws have filed a third amended complaint, according to the company's Nov. 16, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Sept. 30, 2009. On Oct. 9, 2007, former Go West bartender Siri Diaz filed a purported class action and collective action on behalf of all tipped employees against the company and other defendants alleging violations of federal and state wage/hour laws. On Nov. 6, 2007, 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/hour laws. On or about Feb. 21, 2008, 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 company and the other 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 or about Sept. 5, 2009, plaintiffs served their third amended complaint adding in two individual defendants who are alleged to be employers under the state and federal wage claims. The suit is Diaz v. Scores Holding Company, Inc. et al., Case No. 07-cv-08718 (S.D.N.Y.) (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 SINOENERGY CORP: Faces Amended Complaint over Sale to Skywide ------------------------------------------------------------- Sinoenergy Corp. faces an amended complaint in the Supreme Court of the State of New York, Nassau County, asserting claims of breach of fiduciary duty and aiding and abetting the breach of fiduciary duty, according to the company's Dec. 30, 2009, Form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended Sept. 30, 2009. The suit was filed by Stephen Trecaso and Linda Watts on Oct. 16, 2009, against the company and its directors and purports to be a class action. An amended complaint was filed on Nov. 18, 2009. Plaintiffs seek injunctive relief and damages arising out of a potential sale of the company to Skywide Capital Management Limited by means of an allegedly unfair process and unfair price. Sinoenergy Corp. -- http://www.sinoenergycorporation.com/-- develops and operates retail CNG stations as well as a manufactures CNG transport truck trailers, CNG station equipment, and natural gas fuel conversion kits for automobiles, in China. In addition to its CNG related products and services, the company designs and manufactures a wide variety of customized pressure containers for use in the petroleum and chemical industries. ZYNEX INC: Defends Suits on Restatement of Unaudited Statements --------------------------------------------------------------- Zynex, Inc., continues to defend three purported class action suits filed in relation to the company's restatement of unaudited financial statements. A lawsuit was filed against the company, its President and Chief Executive Officer and its Chief Financial Officer on April 6, 2009, in the U.S. District Court for the District of Colorado (Marjorie and David Mishkin v. Zynex, Inc. et al.). On April 9, 2009, a lawsuit was filed by Robert Hanratty in the same court against the same defendants. On April 10, 2009, a lawsuit was filed by Denise Manandik in the same court against the same defendants. These lawsuits allege substantially the same matters. The lawsuits refer to the April 1, 2009 announcement of the company that it will restate its unaudited financial statements for the first three quarters of 2008. The lawsuits purport to be a class action on behalf of purchasers of the company securities between May 21, 2008 and March 31, 2009. The lawsuits allege, among other things, that the defendants violated Section 10 and Rule 10b-5 of the Securities Exchange Act of 1934 by making intentionally or recklessly untrue statements of material fact and/or failing to disclose material facts regarding the financial results and operating conditions for the first three quarters of 2008. The plaintiffs ask for a determination of class action status, unspecified damages and costs of the legal action. The company has notified its directors and officers liability insurer of the claims. No further updates were reported in the company's Nov. 16, 2009, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Sept. 30, 2009. Founded in 1996, Zynex, Inc. -- http://www.zynexmed.com/-- engineers, manufactures, markets, and sells its own design of electrotherapy medical devices in two distinct markets: standard digital electrotherapy products for pain relief and pain management; and the NeuroMove(TM) for stroke and spinal cord injury rehabilitation. Zynex's product lines are fully developed, FDA-cleared, commercially sold, and have been developed to uphold the Company's mission of improving the quality of life for patients suffering from impaired mobility due to stroke, spinal cord injury, or debilitating and chronic pain. ********* 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 2010. 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. 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