/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/140212.mbx C L A S S A C T I O N R E P O R T E R Wednesday, February 12, 2014, Vol. 16, No. 30 Headlines 3T DESIGN: Recalls Cervelo Bicycles With Aduro Aero Handlebars AMERICAN HOME: Denial of Matrix Benefits to Harold Estate Upheld AMTRUST FINANCIAL: Pomerantz Law Firm Files Class Action in N.Y. ANZ BANK: Customers Obtain Partial Victory in Fee Class Action BANK OF AMERICA: Faces "Galloway" Class Action Suit in Arizona CITIMORTGAGE INC: Sued Over Dual-Tracking and Late Fees CLEMENT LTEE: Recalls Fairfield Girls' Sweaters With Drawstrings CLUB ONE: Notice of Class Settlement Approval Guidelines Filed CLUB WAX: Fails to Pay Minimum Wage and Substantial OT, Suit Says COCA COLA CO: "Ambriz" Suit Transferred to C.D. Calif. COLLECTO INC: Accused of Violating Fair Debt Collection Act COOL POWER: Accuses of Violating FLSA by Not Paying Overtime COOL POWER: Sued in New York Over Unpaid Wages and Overtime Pay COUNTRYWIDE FINANCIAL: "Marino" Suit Removed to C.D. California COVENTRY HEALTH: Agrees to Settle Class Action for $3.6 Million CUTLER SOHO: Fails to Properly Pay Overtime Premium, Suit Claims DUANE READE: Did Not Properly Compensate Pharmacists, Suit Says FEDERICO'S RESTAURANT: Class Seeks to Recover Spread of Hours Pay FOREST RIVER: Recalls Wildcat Trailers Due to Incorrect GVWR Info GENERAL MOTORS: Recalls TRAX Vehicles Due Damaged Quick Connectors GERAWAN FARMING: Faces Class Action Over Minimum Wage Violation GLOBALINX PET: Court Tosses Class Cert. Bid in "Holt" Suit GREEN TREE: Sued in Ga. Over Fair Debt Collection Act Violations HOME DEPOT: 9th Circuit Affirms Consumer Class Action Dismissal ILLINOIS: Court Approves Monitor's Reports in Suit vs. Governor INTERTEK: Warns of Counterfeit cETLus Certification Mark JC BUNNY: Recalls Lao Gan Ma Seasoning Due to Undeclared Peanuts LENDER PROCESSING: Nevada AG Ordered to Pay Fraud Suit Legal Costs KEYUAN PETROCHEMICALS: Rosen Law Firm Files Class Action KIA MOTOR: Recalls Sportage SUVs Over Incorrect Tire Pressure Info KIMBERLY-CLARK GLOBAL: Fails to Pay for OT Work, Class Says M & R INSULATION: Insulator Mechanics Sues Over Unpaid OT & Wages MAGICJACK VOCALTEC: Court Grants Motion to Dismiss Class Action MOTT'S LLP: Court Narrows "Rahman" False Labeling Suit NATURALCARE INC: Court Dismisses "Neal" Suit With Prejudice NCO FINANCIAL: Debt Collection Notices Violate FDCPA, Suit Says NORTHLAND GROUP: Accused of Violating Fair Debt Collection Act NORTHROP GRUMMAN: Fails to Pay for OT Work, Suit Says OCWEN LOAN: "Lee" Class Suit Alleges FDCPA Violations PORSCHE CARS: 911 Model Has Defective Coolant Hoses, Suit Claims PORTFOLIO RECOVERY: Accuses of Violating Fair Debt Collection Act PRINCIPAL FINANCIAL: Accused of Suspending Customers' HELOCs RUSH TRUCK: Removed "Galdamez" Suit to C.D. Cal. SACRAMENTO D.E.A.: "Morrow" Suit Dismissed With Leave to Amend SEGA AMUSEMENTS: Deceives Key Master Users, California Suit Says SEIU: Civil Servants File Class Action in California SKINNYGIRL: Frankel Files Motion to Seal Documents in Class Action STONE PONEY: Suit Seeks Reimbursement of Illegally Taken Tips STONEMOR PARTNERS: Notice of Class Deal Approval Guidelines Filed SULLIVAN TAXI: Suit Seeks to Recover Unpaid Overtime Premium Pay TATTLE TAIL: Accused of Not Paying Employee Wages TEIKOKU PHARMA: Sued by End-Payors Over Lidocaine Patch 5% THORATEC CORP: Glancy Binkow Files Class Action in California TORONTO, CANADA: Police Faces Class Action Over Racial Profiling VISA INC: Plaintiff Appealed Rulings in "Stoumbos" Antitrust Suit WELLS FARGO: Parties Drop Anti-Tying Claim in "Ursomano" Suit YOUMAIL INC: Sends Unsolicited Advertising Texts, Suit Claims ********* 3T DESIGN: Recalls Cervelo Bicycles With Aduro Aero Handlebars -------------------------------------------------------------- Starting date: February 4, 2014 Posting date: February 4, 2014 Type of communication: Consumer Product Recall Subcategory: Sports/Fitness Source of recall: Health Canada Issue: Suspected quality concern Audience: General Public Identification number: RA-37863 Affected products: Cervelo P5 bicycles with 3T Aduro Aero handlebars The recall includes 2012 and 2013 Cervelo P5 bicycles equipped with 3T Aduro aero handlebars. The bicycles are black with red and white stripes. "P5" is on the seat tube, "Cervelo" is on the top tube and a large "e" is on the down tube in white lettering. The handlebars consist of four major components: a base bar, which attaches to the bike; a forward extension mount, which attaches to the base bar; forearm rests and forward extension bars, which attach to the forward extension mount. The base bar is black with red and white stripes and has "3T" on the top and rear. The handlebars come with both a high and a low forward extension mount, one of which will be installed based on customer fit. Consumers can also purchase an ultra-low forward extension mount separately. The words "Ultimate Performance" are on the forward extensions. The handlebars were manufactured between January 2012 and July 2012. Serial numbers for the handlebars are on a label inside the base bar under the stem cap on the rear wall. The serial number is the seven-digit number following "FM78-Basebar-." The manufacture date code is the first four digits of the serial number in the MMYY format. Date codes for the defective handlebars range from 1201 to 1207. P5 bicycles which have already been inspected and passed at retailers are distinguished by a green sticker with an "e" on the underside of the Aduro base bar. The forward extension mounts can detach from the base bar while riding causing the rider to lose control, posing a risk of injury. 3T Design has received a total of 28 reports of incidents, including one report of a broken collar bone and four reports of abrasions. Of the 28 incidents, two originated in Canada, however, there were no Canadian reports of injuries related to the use of these handlebars. Health Canada has not received any reports of incidents or injuries related to the use of these handlebars. Approximately 225 units of affected product were sold in Canada. Approximately 1,300 units of affected product were sold in the United States. The products were manufactured in China and sold from May 2012 to August 2013 in Canada and the United States. Companies: Manufacturer 3T Design Ltd. Hong Kong China Distributor Cervelo Cycles Inc. Toronto Ontario Canada Consumers should stop using the recalled bicycles immediately and contact 3T Design to have the recalled handlebars replaced free of charge with a modified set of Aduro aero handlebars installed with the high or low mount. AMERICAN HOME: Denial of Matrix Benefits to Harold Estate Upheld ---------------------------------------------------------------- In IN RE: DIET DRUGS (PHENTERMINE/FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION, MDL NO. 1203, District Judge Harvey Bartle, III, issued a memorandum with respect SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION, CIVIL ACTION NO. 99-20593, (E.D. Penn.). The Estate of Thomas Harold, a representative claimant under the Diet Drug Nationwide Class Action Settlement Agreement with Wyeth, seeks benefits from the AHP Settlement Trust. Based on the record developed in the show cause process, the Court must determine whether the Estate has demonstrated a reasonable medical basis to support its claim for Matrix Compensation Benefits and, if so, whether the Estate met its burden of proving that the claim was not based, in whole or in part, on any intentional material misrepresentation of fact. Judge Bartle concluded that the Estate has not met its burden of proving that there is a reasonable medical basis for finding that Mr. Harold had moderate mitral regurgitation. "Therefore, we will affirm the Trust's denial of the Estate's claim for Matrix Benefits and the related derivative claim submitted by Mr. Harold's spouse," he said. A copy of the District Court's January 10, 2014 Memorandum is available at http://is.gd/ZgYB4Ufrom Leagle.com. AMTRUST FINANCIAL: Pomerantz Law Firm Files Class Action in N.Y. ---------------------------------------------------------------- Pomerantz LLP on Feb. 4 disclosed that it has filed a class action lawsuit against AmTrust Financial Services, Inc. and certain of its officers. The class action, filed in United States District Court, Southern District of New York, and docketed under 14-cv-736 is on behalf of a class consisting of all persons or entities who purchased or otherwise acquired securities of AmTrust between February 15, 2011 and December 11, 2013, both dates inclusive. This class action seeks to recover damages against the Company and certain of its officers and directors as a result of alleged violations of the federal securities laws pursuant to Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. If you are a shareholder who purchased AmTrust securities during the Class Period, you have until April 7, 2014 to ask the Court to appoint you as Lead Plaintiff for the class. A copy of the Complaint can be obtained at http://www.pomerantzlaw.com To discuss this action, contact Robert S. Willoughby at rswilloughby@pomlaw.com or 888-476-6529 (or 888-4-POMLAW), toll free, x237. Those who inquire by e-mail are encouraged to include their mailing address, telephone number, and number of shares purchased. AmTrust, through its subsidiaries, underwrites and provides property and casualty insurance in the United States and internationally. The company operates in four segments: Small Commercial Business, Specialty Risk and Extended Warranty, Specialty Program, and Personal Lines Reinsurance. The Complaint alleges that throughout the Class Period, Defendants made materially false and/or misleading statements regarding the Company's business, operational and compliance policies. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that the Company: 1) manipulated its loan loss reserves in order to inflate reported earnings; 2) manipulated its deferred tax liabilities; 3) underestimated the discount rates for its life settlement contracts in an effort to inflate the Company's reported assets and total stockholder's equity; 4) the Company lacked adequate internal and financial controls; and 5) as a result of the foregoing, the Company's statements were materially false and misleading at all relevant times. On December 12, 2013, a report by analyst firm Geoinvesting exposed certain alleged accounting improprieties at AmTrust. Such improprieties included: 1) manipulation of the Company's loan loss reserves; 2) manipulation of the Company's deferred tax liabilities; and 3) underestimating the Company's discount rates for its life settlement contracts. On this news, shares of AmTrust fell $4.63 per share, more than 12%, on intraday trading, to a price of $33.67 on December 12, 2013. The Pomerantz Firm, with offices in New York, Chicago, Florida, and San Diego, -- http://www.pomerantzlaw.com-- concentrates its practice in the areas of corporate, securities, and antitrust class litigation. Founded by the late Abraham L. Pomerantz, known as the dean of the class action bar, the Pomerantz Firm pioneered the field of securities class actions. ANZ BANK: Customers Obtain Partial Victory in Fee Class Action -------------------------------------------------------------- ABC News reports that the ANZ bank may be liable to pay its customers "tens of millions of dollars", according to the law firm that led a successful class action against the bank over its fees. The Federal Court on Feb. 5 handed a partial victory to ANZ customers who joined in a class action to recoup $57 million in fees. While consumer groups have claimed a significant win, ANZ says the implications for the bank and its customers are far from clear. The court ruled that the late payment fees the bank charged customers were extravagant, exorbitant and unconscionable. But Justice Michele Gordon said that other fees the bank charged, including honour and dishonour fees, and over-limit fees on credit cards, were reasonable. ANZ and Maurice Blackburn, which was running the class action on behalf of 43,500 ANZ customers, have been directed to discuss damages and penalties for the finding. Andrew Watson, from Maurice Blackburn, says while establishing the amount owed to affected customers would take weeks and the money would likely not be repaid "voluntarily", he expected it to stretch into the "tens of millions of dollars". The late fee component is thought to make up about a quarter of the total $57 million claim, taking the potential windfall down to $14.5 million. The ruling opens the way for customers of other banks to claim unfair treatment on fees. The action, which began in September 2010, was the first of a series of bank-fee class actions against a total of eight banks. The fees include honour and dishonour fees on bank accounts, over-limit fees, and late payment fees on credit cards. Maurice Blackburn argued that charging the exception fees was unconscionable, unfair and unjust. The lawyers claimed the bank charged exorbitant fees of $20 to $45 for services that cost them only a few cents or a few dollars to administer. "Her Honour found that the costs to the bank in most instances were 50 cents, in a few instances they were higher than that, in one instance it was $5.50 -- so that gives you some indication of the scale of the difference," Mr. Watson said. ANZ chief executive Philip Chronican said he was pleased the court found honour, dishonour, over-limit and non-payment fees were not penalties. "We've consistently been of the view that, while these fees have attracted some attention and at times are unpopular, we believe that they were legal and a legitimate fee for service and the Federal Court has agreed with that," he said. However in relation to late payment fees, he added: "The implications of [the] decision for ANZ and its customers are still far from clear and it is likely to be some time until this matter is finally resolved." "Ultimately this is an issue about our customers. What we've been working hard to do over recent years is that we build a fair relationship with our customers and we listen to feedback," he said. "As a result of that, in 2009 we reduced a number of fees, 27 fees were abolished, we reduced the overdrawn and dishonour fees and we lowered the late payment fee which is the one at issue [Wednes]day from $35 to $20 and removed these fees altogether for account holders that were recipients of government benefits. "So while I don't think [the] judgment is the end of the matter, it is clearly a significant step forward and one that hopefully gets us closer to having this issue resolved and put behind us." The class actions are funded by publicly listed litigator Bentham IMF Australia. Bentham IMF says it believes late payment fees make up approximately a quarter of the value of all of the claims brought by members of the class action against the ANZ Bank. It says it will try to speed up the recovery of those fees. In 2012, a High Court decision paved the way for the trial in the Federal Court. ANZ previously said it was refunding roughly $70 million to about 235,000 of its home loan customers after overcharging them for interest repayments. BANK OF AMERICA: Faces "Galloway" Class Action Suit in Arizona -------------------------------------------------------------- David Galloway, individually and on behalf of all others similarly situated v. Bank of America Corporation and Bank of America NA, Case No. 2:14-cv-00060-NVW (D. Ariz., January 13, 2014) alleges breach of contract. The Plaintiff is represented by: H. Sullivan Bunch, Esq. Kevin Richard Hanger, Esq. BONNETT FAIRBOURN FRIEDMAN & BALINT PC 2325 E Camelback Rd., Suite 300 Phoenix, AZ 85016 Telephone: (602) 274-1100 Facsimile: (602) 274-1199 E-mail: vbunch@bffb.com khanger@bffb.com - and - Hank Bates, Esq. CARNEY BATES & PULLIAM PLLC 11311 Arcade Dr., Suite 200 Little Rock, AR 72212 Telephone: (501) 312-8500 Facsimile: (501) 312-8505 E-mail: hbates@cbplaw.com CITIMORTGAGE INC: Sued Over Dual-Tracking and Late Fees ------------------------------------------------------- Gregory P. Stokes and Marian N. Stokes, on behalf of themselves and all others similarly situated v. CitiMortgage, Inc.; and Does 1-10, inclusive, Case No. 2:14-cv-00278-MRP-SH (C.D. Cal., January 13, 2014) is based upon the Defendants' alleged routine business practices of illegally processing both foreclosures and loan modifications at the same time (also known as "dual- tracking") and of illegally charging late fees when a homeowner's loan modification application is pending. CitiMortgage, Inc. is a New York corporation headquartered in O'Fallon, Missouri. The Company acquired and serviced some or all of the mortgage loans that are the subject of the complaint and include subprime and nonperforming residential mortgage loans. The true names and capacities of the Doe Defendants are unknown to the Plaintiffs at this time. The Plaintiffs are represented by: Vincent D. Howard, Esq. Gregory H.D. Alumit, Esq. HOWARD LAW PC 675 Anton Boulevard, First Floor Costa Mesa, CA 92626 Telephone: (800) 872-5925 Facsimile: (888) 533-7310 E-mail: vhoward@howardlawpc.com gregory.alumit@howardlawpc.com - and - David M. Arbogast, Esq. ARBOGAST LAW, A PROFESSIONAL CORPORATION 11400 W Olympic Blvd., 2nd Floor Los Angeles, CA 90064 Telephone: (310) 477-7200 Facsimile: (310) 943-0416 E-mail: david@arbogastbowen.com The Defendants are represented by: John Nadolenco, Esq. Steven E. Rich, Esq. MAYER BROWN LLP 350 South Grand Avenue, 25th Floor Los Angeles, CA 90071-1503 Telephone: (213) 229-9500 Facsimile: (213) 625-0248 E-mail: jnadolenco@mayerbrown.com srich@mayerbrown.com CLEMENT LTEE: Recalls Fairfield Girls' Sweaters With Drawstrings ---------------------------------------------------------------- Starting date: February 3, 2014 Posting date: February 3, 2014 Type of communication: Consumer Product Recall Subcategory: Children's Products Source of recall: Health Canada Issue: Strangulation Hazard Audience: General Public Identification number: RA-37787 The recall involves girls' fleece hooded sweaters sold under the brand name Fairfield, model number JOC-9XY670-92. The sweaters have a penguin printed on them and come in coral, pink and blue. Health Canada's sampling and evaluation program has determined that drawstrings on children's outerwear can become caught on playground equipment, fences or other objects and result in strangulation, or in the case of vehicles, the child being dragged. Neither Health Canada nor Clement Ltee has received reports of incidents or injuries related to the use of this product. Approximately 26 of the recalled sweaters were sold in Canada. The recalled sweaters were manufactured in Bangladesh and sold in January 2014 at Clement stores. Companies: Importer Clement Ltee Quebec Quebec Canada Consumers should immediately remove the drawstring from the sweater to eliminate the hazard. CLUB ONE: Notice of Class Settlement Approval Guidelines Filed -------------------------------------------------------------- District Judge William Alsup issued a notice regarding factors to be evaluated for any proposed class settlement in RASHAN ABUHAMDEH, individually and on behalf of all others similarly situated, Plaintiffs, v. CLUB ONE, LLC., Defendant, NO. C 14-00415 WHA, (N.D. Cal.). For the guidance of counsel, Judge Alsup said the following factors will typically be considered in determining whether to grant preliminary approval to a class settlement: 1. ADEQUACY OF REPRESENTATION. 2. DUE DILIGENCE. 3. COST-BENEFIT FOR ABSENT CLASS MEMBERS. 4. THE RELEASE. 5. EXPANSION OF THE CLASS. 6. REVERSIONS. 7. CLAIM PROCEDURE. 8. ATTORNEY'S FEES. 9. DWINDLING OR MINIMAL ASSETS? 10. TIMING OF PROPOSED SETTLEMENT. 11. A RIGHT TO OPT OUT IS NOT A CURE-ALL. 12. INCENTIVE PAYMENTS. 13. NOTICE TO CLASS MEMBERS. A copy of the District Court's January 30, 2014 Notice is available at http://is.gd/ZXUjoqfrom Leagle.com. CLUB WAX: Fails to Pay Minimum Wage and Substantial OT, Suit Says ----------------------------------------------------------------- Santana Hayes on behalf of herself and all persons similarly situated v Club Wax, LLC. & Mr. Thomas Waters, Case No. 1:14-cv- 00106-WSD (N.D. Ga., January 13, 2014) alleges that the Defendants failed to pay the Plaintiff and all others similarly situated the minimum wage and substantial overtime for hours worked. Club Wax, LLC is a Georgia limited liability company headquartered in Atlanta, Georgia. The Defendant is the owner of Club Wax, a resident within the Northern District of Georgia. Thomas Waters is the beneficial owner of Club Wax. Club Wax is an adult entertainment club located in Fulton County operated by the Defendants. The Plaintiff is represented by: Harlan S. Miller, Esq. PARKS, CHESIN & WALBERT, P.C. 75 14th Street, 26th Floor Atlanta, GA 30309 E-mail: hmiller@pcwlawfirm.com - and - Stephen L. Minsk, Esq. MINSK & ASSOCIATES, LLC P.O. Box 720023 1451 Biltmore Drive, N.E. Atlanta, GA 30328 Telephone: (770) 861-7201 E-mail: stephenminsk@minsklaw.com COCA COLA CO: "Ambriz" Suit Transferred to C.D. Calif. ------------------------------------------------------ District Judge Jon S. Tigar issued an order transferring the case captioned DANIEL AMBRIZ, Plaintiff, v. COCA COLA COMPANY, Defendant, CASE NO. 13-CV-03539-JST, (N.D. Cal.) to the Central District of California. In this proposed California class action alleging California Labor Code violations, Coca-Cola Company moved to dismiss, or alternatively, to transfer this action to the Central District of California on the basis of improper venue. The Plaintiff Daniel Ambriz resides and worked for Coca-Cola in the Central District of California, but filed this proposed class action in the Northern District of California. Mr. Ambriz's central contentions in opposing the motion are (1) that venue is proper in the Northern District of California because jurisdiction over Coca-Cola exists here and (2) that the Court should consider contacts between absent members of the putative class in determining venue. Judge Tigar rejected these contentions and concluded that venue is improper in Northern District and, even if venue were proper, the case should be transferred to the Central District of California in the interests of justice and for the convenience of the parties and witnesses. In the alternative, the Court found that even if venue is proper in the Northern District, the matter must be transferred to the Central District of California for the convenience of parties and witnesses, in the interest of justice, pursuant to 28 U.S.C. Section 1404(a). A copy of the District Court's January 27, 2014 Order is available at http://is.gd/J7GCUCfrom Leagle.com. COLLECTO INC: Accused of Violating Fair Debt Collection Act ----------------------------------------------------------- Benjamin Ehrlich, on behalf of himself and all other similarly situated consumers v. Collecto, Inc., d/b/a EOS CCA, Case No. 1:14-cv-00246-ARR-LB (E.D.N.Y., January 13, 2014) alleges that the Company violated the Fair Debt Collection Practices Act. The Plaintiff is represented by: Maxim Maximov, Esq. MAXIM MAXIMOV, LLP 1701 Avenue P Brooklyn, NY 11229 Telephone: (718) 395-3459 Facsimile: (718) 408-9570 E-mail: m@maximovlaw.com COOL POWER: Accuses of Violating FLSA by Not Paying Overtime ------------------------------------------------------------ Jarret Acevedo, individually and on behalf of all others similarly situated v. Cool Power, LLC, Duke Schmider, and Peter Taormina, Case No. 2:14-cv-00253-JS-AKT (E.D.N.Y., January 13, 2014) seeks to recover unpaid wages, unpaid overtime wages, liquidated damages and reasonable attorneys' fees under the Fair Labor Standards Act. Cool Power, LLC is a New York domestic limited liability company headquartered in Hauppauge, New York. The Company sells, installs, and services air conditioning and heating equipment, oil burners, plumbing fixtures and sells oil and other consumer goods. The Individual Defendants are the co-owners of the Company. The Plaintiff is represented by: Albert Adam Breud, II, Esq. FIRESTONE & BREUD, P.L.L.C. 356 Veterans Memorial Highway, Suite 3 Commack, NY 11725 Telephone: (631) 543-3030 Facsimile: (631) 543-2888 E-mail: breudlaw@optonline.net - and - Robert Wisniewski, Esq. ROBERT WISNIEWSKI & ASSOCIATES P.C. 225 Broadway, Suite 1020 New York, NY 10007 Telephone: (212) 267-2101 Facsimile: (212) 267-8115 E-mail: rw@rwapc.com COOL POWER: Sued in New York Over Unpaid Wages and Overtime Pay --------------------------------------------------------------- Jarret Acevedo, individually and on behalf of all others similarly situated v. Cool Power, LLC, Duke Schmider, and Peter Taormina, Case No. 1:14-cv-00253 (E.D.N.Y., January 13, 2014) is brought to recover unpaid wages, unpaid overtime wages, liquidated damages and reasonable attorneys' fees under the Fair Labor Standards Act of 1938, and the various regulations and policy statements promulgated by the U.S. Department of Labor. Cool Power, LLC, is a New York domestic limited liability company with its principal place of business in Hauppauge, New York. The has been serving the residents and businesses of Long Island since 1975, providing heating and air conditioning services to its customers. The Individual Defendants are the co-owners of the Company. The Plaintiff is represented by: Albert Adam Breud, II, Esq. FIRESTONE & BREUD, P.L.L.C. 356 Veterans Memorial Highway, Suite 3 Commack, NY 11725 Telephone: (631) 543-3030 E-mail: breudlaw@optonline.net - and - Robert Wisniewski, Esq. ROBERT WISNIEWSKI, P.C. 225 Broadway, Suite 1020 New York, NY 10007 Telephone: (212) 267-2101 E-mail: rw@rwapc.com COUNTRYWIDE FINANCIAL: "Marino" Suit Removed to C.D. California --------------------------------------------------------------- The class action lawsuit titled Anthony Marino v. Countrywide Financial Corporation, et al., Case No. 30-02013-00689943, was removed from the Superior Court of California for Orange County to the United States District Court for the Central District of California (Santa Ana). The District Court Clerk assigned Case No. 8:14-cv-00046-JLS-AN to the proceeding. The complaint accuses the Defendants of engaging in unsound lending practices during the housing boom. The Plaintiff is represented by: George Henry Spizzirri, Esq. 806 East Avenida Pico, Suite I No 313 San Clemente, CA 92673 Telephone: (949) 218-4765 Facsimile: (949) 218-6737 E-mail: georgespizzirri@gmail.com The Defendants are represented by: Aileen Marie Hunter, Esq. Katherine Mae Harrison, Esq. Stuart W. Price, Esq. BRYAN CAVE LLP 3161 Michelson Drive, Suite 1500 Irvine, CA 92612-4414 Telephone: (949) 223-7000 Facsimile: (949) 223-7100 E-mail: aileen.hunter@bryancave.com katherine.harrison@bryancave.com swprice@bryancave.com - and - Nafiz Cekirge, Esq. BRYAN CAVE LLP 120 Broadway, Suite 300 Santa Monica, CA 90401-2386 Telephone: (310) 576-2100 Facsimile: (310) 576-2200 E-mail: nafiz.cekirge@bryancave.com COVENTRY HEALTH: Agrees to Settle Class Action for $3.6 Million --------------------------------------------------------------- Jacklyn Wille, writing for Bloomberg BNA, reports that Coventry Health Care Inc. agreed to pay $3.6 million to settle class action claims of fiduciary breach by participants in its defined contribution plan who challenged plan fiduciaries' decision to hold company stock despite their alleged knowledge of the company's misrepresented financial health (Boyd v. Coventry Health Care Inc., 2014 BL 25933, D. Md., No. 8:09-cv-02661-AW, 1/31/14). In addition to granting final approval of the settlement, the Jan. 31 opinion by Judge Deborah K. Chasanow of the U.S. District Court for the District of Maryland also granted class certification to a class of more than 20,000 individuals. Judge Chasanow also awarded class counsel attorneys' fees of $1 million, which represented about 28 percent of the recovery. Class counsel requested fees of $1.2 million -- or one-third of the recovery -- but Judge Chasanow reduced that amount after considering fee awards in similar cases throughout the Fourth Circuit and the nation. The lawsuit was filed by participants in Coventry Health Care's Section 401(k) plan. They alleged that Coventry and its top officials breached their Employee Retirement Income Security Act- imposed fiduciary duties by offering Coventry stock as a plan investment option at a time when the company was allegedly making misrepresentations about its business condition. Specifically, the participants contended that the fiduciaries knew of or recklessly disregarded certain adverse business conditions that caused Coventry's stock price to decline from $40 per share to $14 per share, including lengthy delays in processing claims for a new Coventry Medicare Advantage business initiative called Private Fee-For-Service. In 2011, the court found that the participants stated a facially plausible misrepresentation claim with respect to Coventry and two of its chief officers and allowed them to proceed with those claims. Class Action Settlement The settlement agreement requires Coventry to pay $3.6 million to a 20,000-person class consisting of plan participants and beneficiaries who held Coventry stock between February 2007 and October 2008. According to the court, class members will receive proportionate distributions based on their losses. In addition to approving the settlement amount, the court also found that class certification was appropriate, because the proposed class satisfied the requirements of Rule 23 of the Federal Rules of Civil Procedure, including Rule 23(b)(1). The court said that the members of the class shared common questions of law and fact, including whether the Coventry defendants breached their fiduciary duties by continuing to offer company stock as a plan investment option. Attorneys' Fees On the issue of attorneys' fees, the court found that class counsel was entitled to a fee award of $1 million, or $200,000 less than the $1.2 million sought. Although the court found that counsel's obtainment of a $3.6 million recovery was "commendable" given the challenges posed by stock-drop litigation, it nevertheless found that a 33 percent fee award wasn't warranted. Finally, the court awarded class counsel full reimbursement of $137,316 in litigation costs. The participants were represented by John B. Isbister -- jisbister@tydingslaw.com -- and Toyja E. Kelley -- tkelley@tydingslaw.com -- of Tydings & Rosenberg LLP, Baltimore; Robert I. Harwood -- rharwood@hfesq.com -- of Harwood Feffer LLP, New York; and Thomas J. McKenna -- bgainey@gme-law.com -- of Gainey McKenna & Egleston, New York. Coventry was represented by Christopher A. Weals -- cweals@morganlewis.com -- Christopher E. Hopkins-Gillispie -- chopkins-gillispie@morganlewis.com -- Gregory C. Braden -- gbraden@morganlewis.com -- John R. Richards -- jrrichards@morganlewis.com -- and Sean K. McMahan -- smcmahan@morganlewis.com -- of Morgan Lewis & Bockius LLP, Washington. CUTLER SOHO: Fails to Properly Pay Overtime Premium, Suit Claims ---------------------------------------------------------------- Vicktor Stevenson and Gloria Espinoza, individually, and on behalf of others similarly situated v. Cutler Soho, LLC, Cutler Park Avenue, LLC, Daniro 57th Street Salon New York, LLC, Rodney Cutler, Michael Gordon, Ben Stewart, Anthony Barrow, David Kastin, XYZ Companies 1-10 (unidentified), and John and Jane Does A-Z (unidentified), Case No. 1:14-cv-00240-AKH (S.D.N.Y., January 13, 2014) alleges that the Plaintiffs worked for the Defendants in excess of 40 hours per week, without appropriate compensation for the hours over 40 per week worked. The Defendants own, operate, and control a group of hair salons located at three locations in New York. The Individual Defendants are owners, managers, principals, or agents of the Corporate Defendants. The Plaintiffs are represented by: Benjamin S. Thompson, Esq. THOMPSON & ASSOCIATES LLC 369 Lexington Avenue, Suite 327 New York, NY 10017 Telephone: (646) 770-1097 Facsimile: (646) 924-3040 E-mail: bthompson@thomplegal.com DUANE READE: Did Not Properly Compensate Pharmacists, Suit Says --------------------------------------------------------------- John Guerra, on behalf of himself and all others similarly situated v. Duane Reade, Inc., Duane Reade Demanded Holdings, Inc. and Walgreen Co., Case No. 1:14-cv-00254-SJ-JO (E.D.N.Y., January 13, 2014) alleges that the Plaintiff and others similarly situated were employed by the Defendants and were not compensated properly for all the hours they worked. The Plaintiff and others similarly situated were employed as pharmacists by Duane Reade, and subsequently, Walgreens. Duane Reade Holdings, Inc. is a Delaware corporation, doing business within the City and County of New York. Walgreens bought Duane Reade in April 2010. Duane Reade is now a fully owned subsidiary of Walgreens. Walgreens is an Illinois corporation. The Defendants own and manage approximately 250 retail drug and consumer convenience stores within New York City and its surrounding metropolitan area. The Plaintiff is represented by: Robert Wisniewski, Esq. ROBERT WISNIEWSKI & ASSOCIATES P.C. 225 Broadway, Suite 1020 New York, NY 10007 Telephone: (212) 267-2101 Facsimile: (212) 267-8115 E-mail: rw@rwapc.com FEDERICO'S RESTAURANT: Class Seeks to Recover Spread of Hours Pay ----------------------------------------------------------------- Mario Gonzalez Moreno, on behalf of himself and all others similarly situated v. Federico's Restaurant Inc. d/b/a Toloache, Toloache Franchising Corp., d/b/a Toloache, Julian Medina Garcia, Brian Sobhan, and Louis Skibar, Case No. 1:14-cv-00242-PKC (S.D.N.Y., January 13, 2014) is brought to recover unpaid minimum wage, overtime and spread of hours pay, and other relief pursuant to the Fair Labor Standards Act and the New York Labor Law. Toloache Franchising Corp. and Federico's Restaurant Inc. are New York corporations that own and operate Toloache, a restaurant located in New York. Toloache prepares and serves Mexican cuisine for customers on its premises. The Individual Defendants are owners of Toloache. The Plaintiff is represented by: Louis Pechman, Esq. Jessica N. Tischler, Esq. BERKE-WEISS & PECHMAN LLP 488 Madison Avenue, 11th Floor New York, NY 10022 Telephone: (212) 583-9500 Facsimile: (212) 308-8582 E-mail: pechman@bwp-law.com tischler@bwp-law.com FOREST RIVER: Recalls Wildcat Trailers Due to Incorrect GVWR Info ----------------------------------------------------------------- Starting date: January 30, 2014 Type of communication: Recall Subcategory: Travel Trailer Notification type: Safety Mfr System: Structure Units affected: 5 Source of recall: Transport Canada Identification number: 2014026 TC ID number: 2014026 On certain fifth wheel trailers, the Gross Vehicle Weight Rating (GVWR) indicated on the compliance label may exceed the combined load carrying capacity of the trailer axles as well as the trailer hitch pin box. This could result in tire and axle overloading, increasing the risk of a crash causing injury and/or damage to property. Owners will be sent a revised certification label with the correct GVWR. Affected products: 2013, 2014 Forest River Wildcat GENERAL MOTORS: Recalls TRAX Vehicles Due Damaged Quick Connectors ------------------------------------------------------------------ Starting date: January 23, 2014 Type of communication: Recall Subcategory: Car Notification type: Safety Mfr System: Fuel Supply Units affected: 660 Source of recall: Transport Canada Identification number: 2014019 TC ID number: 2014019 Manufacturer recall number: 14017 On certain model vehicles, the quick connectors that join the fuel lines to the fuel tank may not have been properly secured. As a result, the fuel line might loosen or disconnect, resulting in a fuel leak. Fuel leakage, in the presence of an ignition source, could result in a fire causing property damage and/or personal injury. Dealers will inspect, and if necessary, secure the fuel line quick connectors. Affected products: 2014 Chevrolet TRAX model GERAWAN FARMING: Faces Class Action Over Minimum Wage Violation --------------------------------------------------------------- Diana Aguilera, writing for Merced Sun-Star, reports that a federal class-action lawsuit was filed on Feb. 3 against Gerawan Farming on behalf of current and former employees, who say the company has failed to pay minimum wage, overtime, and state- guaranteed paid rest breaks. More than 20 employees gathered outside the federal courthouse in downtown Fresno on Feb. 4, including the two plaintiffs named in the lawsuit, Rafael Marquez Amaro and Jesus Alarcon Urzua. Attorney Mario Martinez, who represents the workers, said the lawsuit was on behalf of thousands of Gerawan field workers who were paid by piece rate over the last four years. Workers said earnings vary since they are paid by piece rate, but it was often below minimum wage. Mr. Martinez has previously represented the United Farm Workers, which is currently embroiled in a dispute with Gerawan over union representation. But Mr. Martinez said the class-action lawsuit had nothing to do with the dispute. Gerawan Farming issued a statement on Feb. 4 saying it has not been served with the complaint, but adding that it did not short workers on pay. Gerawan Farming also noted that Mr. Martinez has been representing UFW, which is "trying to impose itself on our employees." It said that the workers were not aware of the union or its claim to speak in their name when it resurfaced after a two-decade absence. "We doubt that these same workers understand, or would agree, that this same attorney can now claim to speak on their behalf through this meritless lawsuit," the company added. GLOBALINX PET: Court Tosses Class Cert. Bid in "Holt" Suit ---------------------------------------------------------- District Judge David O. Carter denied a motion for class certification in JENNIFER HOLT, Plaintiff, v. GLOBALINX PET LLC, et al., Defendants, CASE NO. SA CV 13-0041 DOC(JPRX), (C.D. Cal.). The Plaintiff had sought class certification of five nationwide classes. However, the Court held that "the Defendants have met their burden and showed that the relevant consumer protection laws are "materially different" across different jurisdictions covered by the proposed nationwide classes, see Bruno, 280 F.R.D. at 550 (citing Mazza v. Am. Honda Motor Co., Inc., 666 F.3d 581, 590 (9th Cir. 2012)), the Court concludes that the Plaintiff's proposed classes do not meet the predominance and superiority requirements of Rule 23(b)(3)." Accordingly, the Court does not reach the question of whether Plaintiff's proposed classes satisfy the threshold requirements of Rule 23(a). A copy of the District Court's January 30, 2014 Order is available at http://is.gd/RIdTtufrom Leagle.com. GREEN TREE: Sued in Ga. Over Fair Debt Collection Act Violations ---------------------------------------------------------------- Clarence Carr and all others similarly situated v. Green Tree Servicing, LLC, Case No. 1:14-cv-00103-CC-WEJ (N.D. Ga., January 13, 2014) accuses the Company of violating the Fair Debt Collection Practices Act. The Plaintiff is represented by: Harlan Stuart Miller, III, Esq. PARKS CHESIN & WALBERT, P.C. 75 Fourteenth Street, N.E., 26th Floor Atlanta, GA 30309 Telephone: (404) 873-8000 Facsimile: (404) 873-8015 E-mail: hmiller@pcwlawfirm.com - and - Stephen L. Minsk, Esq. MINSK & ASSOCIATES, LLC 1451 Biltmore Drive, N.E. Atlanta, GA 30329 Telephone: (770) 861-7201 E-mail: stephen_minsk@yahoo.com HOME DEPOT: 9th Circuit Affirms Consumer Class Action Dismissal --------------------------------------------------------------- Metropolitan News-Enterprise reports that a class action lawsuit against Home Depot will not be certified for lack of a common question of fact, the Ninth U.S. Circuit Court of Appeals held on Feb. 3. The court, in an opinion by Judge Ronald M. Gould, affirmed the dismissal with prejudice of Benjamin Berger's suit after failing to meet the certification requirement that common questions predominate over individual issues under Federal Rules of Civil Procedure Rule 23. Mr. Berger filed a putative class-action claim against Home Depot, alleging that the company automatically imposed a 10 percent fee on tool rentals as part of a damage waiver. The waiver, if purchased, allows customers to avoid liability if a particular tool is damaged during the rental. The damage avoidance provision was optional, but Mr. Berger contended that the charge was being imposed on customers without being informed that they could decline the surcharge, in violation of California's Unfair Competition Law and common law theories of unjust enrichment. Home Depot did not deny that the fee was added to a rental charge if a customer did not reject the waiver, but argued that customers were informed of the optional nature of the fee by sales associates, signs in stores, or the language of the final contract. The company has had five different versions of their tool rental agreement since 2002, each discussing the agreement in a different way. Mr. Berger argued that his class action should be divided into subclasses to mirror the various agreements over that time period. Judge Gould declined to entertain the proposed subclasses as a viable means for certifying the suit, explaining that Mr. Berger only took part in one transaction, and was not a member of the other subclasses thereby failing to be able to prosecute claims on their behalf. The case is Berger v. Home Depot USA, Inc., No. 11-55592. ILLINOIS: Court Approves Monitor's Reports in Suit vs. Governor --------------------------------------------------------------- In ETHEL WILLIAMS, et al., Plaintiffs, v. PAT QUINN, et al., Defendants, NO. 05 C 4673, (N.D. Ill.), the plaintiffs are a certified class of Illinois residents with a mental illness who are institutionalized in a privately owned Institution for Mental Disease (IMD) and who, with appropriate supports and services, may be able to live in an integrated community setting. The defendants are the Governor of Illinois and State officials, sued in their official capacities, who are responsible for the integration mandate of Title II of the Americans with Disabilities Act (ADA"), 42 U.S.C. Section 12101 et seq. Following extensive discovery, which included the depositions and reports of experts -- including the work of a team of experts from Yale University -- the parties engaged in settlement discussions with respect to conditions in the State of Illinois and reached agreement on the provisions of a consent decree. Procedural protections, including a statewide class notice and a fairness hearing, were provided. The court appointed, a well-qualified and experienced Monitor who has served as a mental health commissioner and has had extensive experience in mental health services programs. The Monitor has submitted annual and interim reports to the court and the parties of the progress of the program required by the Decree. The case is now before the court for consideration of an interim report of the Monitor for which comments and objections have been filed. Mario Durham, the brother of a class member living in the community, and certain IMDs have proposed the suspension of the deinstitutonalization program and modifications of the Consent Decree. In a January 10, 2014 Opinion and Order available at http://is.gd/Yh0qUtfrom Leagle.com, District Judge William T. Hart, Sr., approved the Monitor's reports, and requested that the Monitor provide the most recent Critical Incident Report, his comments thereon and any available comparative date with all future reports to the court. Mario Durham's motion for a hearing was denied. A status hearing will be held on July 10, 2014, at 2:00 p.m. INTERTEK: Warns of Counterfeit cETLus Certification Mark -------------------------------------------------------- Starting date: February 5, 2014 Posting date: February 5, 2014 Type of communication: Consumer Product Recall Subcategory: Household Items Source of recall: Health Canada Issue: Labelling and Packaging Audience: General Public Identification number: RA-37803 The recall involves Brentwood steam irons that bear a counterfeit Intertek (ETL) certification mark. The models affected include MPI-52, MPI-57 and MPI-62. The Brentwood steam irons bear a counterfeit cETLus certification mark and have not been evaluated by Intertek. It is unknown if these products are in compliance with the applicable safety standard. Health Canada has not received any reports of incidents or injuries related to the use of these steam irons. The number of units sold is unknown, but they were sold at Amazon.com, Walmart, Best Buy and other retail and secondary market outlets. The units were manufactured in China and the time period sold is unknown. Companies: Manufacturer Brentwood Consumers should stop using the affected steam irons immediately. JC BUNNY: Recalls Lao Gan Ma Seasoning Due to Undeclared Peanuts ---------------------------------------------------------------- Starting date: January 31, 2014 Type of communication: Recall Alert sub-type: Allergy Alert Subcategory: Allergen - Peanut Hazard classification: Class 3 Source of recall: Canadian Food Inspection Agency Recalling firm: JC Bunny Bunny Trading Co. Ltd. Distribution: British Columbia CFIA reference number: 8589 Affected products: 275 g. Lao Gan Ma Seasoning where all codes where peanuts are not declared in the list of ingredients LENDER PROCESSING: Nevada AG Ordered to Pay Fraud Suit Legal Costs ------------------------------------------------------------------ Kyla Asbury, writing for Legal Newsline, reports that the Nevada Attorney General's Office has been sanctioned by a district judge, and Attorney General Catherine Cortez Masto has been ordered to pay legal and discovery costs to Lender Processing Services after the State failed to come up with evidence supporting a lawsuit accusing the firm of defrauding homeowners. LPS recently changed its name to Black Knight Financial Services. Clark County District Judge Elizabeth Gonzalez ordered the state to pay legal costs that could amount to $1 million to LPS, which was accused by Ms. Masto of consumer fraud and engaging in an illegal "robosigning" scheme. Ms. Masto hired law firm Cohen Milstein Sellers & Toll to sue LPS for allegedly violating state consumer-protection laws. Mitchell Berger, an attorney with Berger Singerman who represented LPS, said the order is a rare case of a judge finding the state's highest legal officer acted improperly. Judge Gonzales issued the decision on Jan. 30. Ms. Masto had filed the lawsuit in December 2011, as well as criminal charges against two employees. On Jan. 31, Ms. Masto issued a statement declaring that she was fighting for the people of Nevada against a company she accused of deceptive trade practices and "widespread problems in the execution and notarization of mortgage documents." Ms. Masto made claims in 2009 that LPS also engaged in other illegal practices as a mortgage servicer. Mr. Berger said the claims were dubious, since LPS worked for banks and not consumers. "Judges have thrown out similar class-action suits by Cohen Milstein and other firms," Mr. Berger said. Mr. Berger said the state filed the lawsuit against LPS in December 2011 but did not actually serve LPS until the following year. Mr. Berger said Nevada supplied 70,000 pages of mortgage documents in which Judge Gonzalez ordered the State to also produce a witness who could explain how the documents supported claims of consumer-law violations. Robo-signing is the practice of pushing foreclosure documents through the system without going through legally prescribed steps and having paperwork signed by people who lack the legal authority to do so. KEYUAN PETROCHEMICALS: Rosen Law Firm Files Class Action -------------------------------------------------------- The Rosen Law Firm on Feb. 4 disclosed that it has filed a class action lawsuit on behalf of investors who purchased: (a) common stock of Keyuan Petrochemicals, Inc. during the period from August 16, 2010 through October 7, 2011, or (b) Keyuan Units pursuant to a confidential private offering memorandum dated March 22, 2010, comprised of a first tranche that closed on April 22, 2010 and a second tranche that closed on May 18, 2010. Plaintiff seeks remedies under the federal securities laws against Keyuan's former auditor Patrizio & Zhao LLC and certain of its partners. To join the Keyuan class action, visit the firm's website at http://rosenlegal.com,or call Phillip Kim, Esq. or Kevin Chan, Esq. toll-free, at 866-767-3653; you may also email at pkim@rosenlegal.com or kchan@rosenlegal.com for information on the class action. The case is pending in the U.S. District Court for the District of New Jersey. NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN ONE. YOU MAY ALSO REMAIN AN ABSENT CLASS MEMBER AND DO NOTHING AT THIS POINT. YOU MAY RETAIN COUNSEL OF YOUR CHOICE. According to the lawsuit, P&Z issued materially misleading "clean" audit and review opinions for Keyuan's financial statements during the class period. The suit asserts that P&Z knew there were material undisclosed related party transactions that were not disclosed in those same financial statements that P&Z audited and/or reviewed. When the true facts became known, the suit claims that Keyuan investors lost nearly the entire value of their investment. If you wish to serve as lead plaintiff, you must move the Court no later than April 7, 2014. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. If you wish to join the litigation, or to discuss your rights or interests regarding this class action, please contact Phillip Kim, Esq. or Kevin Chan, Esq. of The Rosen Law Firm, toll-free, at 866-767-3653, or via e-mail at pkim@rosenlegal.com or kchan@rosenlegal.com You may also visit the firm's website at http://rosenlegal.com The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. KIA MOTOR: Recalls Sportage SUVs Over Incorrect Tire Pressure Info ------------------------------------------------------------------ Starting date: January 28, 2014 Type of communication: Recall Subcategory: SUV Notification type: Compliance Mfr System: Label Units affected: 1852 Source of recall: Transport Canada Identification number: 2014024 TC ID number: 2014024 Manufacturer recall number: RC088 Certain vehicles fail to comply with the requirements of Canada Motor Vehicle Safety Standard 110 - Tire Selection and Rims. The certification label does not contain correct tire pressure information. Depending on tire size, the label may indicate between 7 to 14 kPa / 1 to 2 psi below the correct tire pressures. Correct tire pressure information can be found on the Tire Loading and Information label, directly below the certification label. Dealers will install a partial label overlay to block out the error, in addition a sticker with the correct tire pressures will be affixed to tire pressure information in the owner's manual. Affected products: 2014 Kia Sportage model KIMBERLY-CLARK GLOBAL: Fails to Pay for OT Work, Class Says ----------------------------------------------------------- Traci Elias and Daphne Motley, and others similarly situated v. Kimberly-Clark Global Sales, LLC, Case No. 1:14-cv-00096-AT (N.D. Ga., January 13, 2014) is brought as a collective action on behalf of the Plaintiffs and all other similarly situated employees pursuant to the Fair Labor Standards Act. By not paying overtime, Kimberly-Clark was able to personally profit more from and pay itself a greater profit, salary and benefits, the Plaintiffs contend. Kimberly-Clark Global Sales, LLC is a global health and hygiene leader that sells goods all over the world. The Company is a Georgia corporation with a registered agent in Atlanta, Georgia. The Plaintiffs are represented by: Larry A. Pankey, Esq. PANKEY & HORLOCK, LLC 4360 Chamblee Dunwoody Road, Suite 500 Atlanta, GA 30341-1055 Telephone: (770) 670-6250 Facsimile: (770) 670-6249 E-mail: lpankey@pankeyhorlock.com M & R INSULATION: Insulator Mechanics Sues Over Unpaid OT & Wages ----------------------------------------------------------------- Richard Rizzo, individually and on behalf of others similarly situated v. M & R Insulation Systems, LLC and Marilyn Dabronzo, Case No. 2:14-cv-00315-SD (E.D. Pa., January 13, 2014) is a collective action brought pursuant to the Fair Labor Standards Act to recover unpaid wages and unpaid overtime compensation owed to the Plaintiff and other similarly situated to him, who are or were employed by the Defendants as insulator mechanics. Headquartered in Newtown, Pennsylvania, M & R Insulation Systems, LLC is a private construction contractor performing industrial insulation work for commercial customers. Marilyn Dabronzo is a shareholder and is designated as the highest ranking officer of the Company. The Plaintiff is represented by: Irwin W. Aronson, Esq. WILLIG WILLIAMS & DAVIDSON 212 Locust St., Suite 504 Harrisburg, PA 17101 Telephone: (717) 221-1000 E-mail: iaronson@wwdlaw.com MAGICJACK VOCALTEC: Court Grants Motion to Dismiss Class Action --------------------------------------------------------------- magicJack VocalTec, Ltd., a cloud-based communications company, on Feb. 4 disclosed that on January 29, 2014, the United States District Court for the Southern District of New York granted the Company's motion to dismiss Turner v. magicJack VocalTec Ltd. et al, the securities class action lawsuit brought against the Company and certain current and former officers. The Court dismissed all claims asserted in the case. About the magicJack Service Millions of consumers have replaced traditional landlines with magicJack, saving hundreds of dollars per year depending on the current provider. The magicJack service allows users to keep their existing phone number and utilize a home or office Internet connection, with or without a computer. The magicJack PLUS device costs $49.99 and includes six months of phone service with additional service billed at $2.50/month for one year or $1.66/month for 5-year plans. The low monthly price includes unlimited local and long distance calls to the U.S. and Canada, unlimited international calls to the U.S., unlimited magicJack-to- magicJack calls worldwide, free Wi-Fi calls with the magicJack app, free voicemail, caller ID, directory assistance, call waiting -- all with no contracts. About magicJack VocalTec Ltd. magicJack VocalTec Ltd. (Nasdaq:CALL), the inventor of the magicJack and the industry's original VoIP (voice over IP) service in 2007, is a leading cloud communications company. With its easy-to-use, low cost solution to telecommunications, the Company has sold more than 10 million award-winning magicJack devices, now in its third generation, and has the use of more than 30 technology patents. It is the largest-reaching CLEC (Competitive Local Exchange Carrier) in the United States in terms of area codes available and certification in number of states. MOTT'S LLP: Court Narrows "Rahman" False Labeling Suit ------------------------------------------------------ District Judge Susan Illston granted in part and denied in part a motion to dismiss with leave to amend the case captioned MOHAMMED RAHMAN, individually, and on behalf of other members of the general public similarly situated, Plaintiff, v. MOTT'S LLP, a Delaware limited liability partnership; and DOES 1 through 10, inclusive, Defendants, NO. CV 13-3482 SI, (N.D. Cal.). This is a consumer class action. Defendant Mott LLP is the manufacturer of various food products containing the statement "No Sugar Added" on their labels and/or packaging. Plaintiff Mohammed Rahman alleges that the use of the statement "No Sugar Added" on Mott's 100% Apple Juice, Natural Applesauce, Healthy Harvest Sauce Blueberry Delight, Healthy Harvest Sauce Country Berry, Mott's Healthy Harvest Sauce Granny Smith, Healthy Harvest Sauce Peach Medley, Medleys Cherry Berry Fruit and Veggie Snack, Medleys Peach Apple Fruit and Veggie Snack, and Snack and Go Strawberry Applesauce Pouch (the Class Products) does not comply with the applicable Food and Drug Administration (FDA) regulations, specifically 21 C.F.R. Section 101.60(c)(2). The Plaintiff further alleges that defendant's failure to comply with the FDA regulations violates California's Sherman Law, California Health and Safety Code Section 109875 et seq. The Plaintiff alleges that he purchased Mott's Original 100% Apple Juice and Mott's Natural Applesauce after reading and relying on the products' "No Sugar Added" labeling, and that he would not have purchased the products if they did not contain the "No Sugar Added" labels. Judge Illston ruled that the plaintiff has failed to properly allege that the Defendant's sauce products are mislabeled under federal and state law, and the plaintiff has only properly alleged that defendant's 100% Apple Juice is mislabeled because it fails to comply with 21 C.F.R. Section 101.60(c)(2)(v). Because all of the claims in the Complaint are premised on plaintiff's contention that the Class Products are mislabeled, the Court dismisses all of plaintiff's claims against defendant's sauce products. Although the Court has found several of plaintiff's allegations regarding defendant's misconduct to be insufficient, the Court has found that plaintiff has properly alleged that defendant's 100% Apple Juice is mislabeled under 21 C.F.R. Section 101.60(c)(2)(iv). Therefore, plaintiff has properly pleaded a cause of action for breach of quasi-contract with respect to this alleged misconduct, she said. Accordingly, the Court grants in part and denies in part the defendant's motion to dismiss the Complaint. If the plaintiff wishes to amend the complaint, the plaintiff must do so by February 24, 2014, she said. A copy of the District Court's January 29, 2014 Order is available at http://is.gd/HKEoosfrom Leagle.com. NATURALCARE INC: Court Dismisses "Neal" Suit With Prejudice ----------------------------------------------------------- Judge David O. Carter decertified the class in ALISA NEAL V. NATURALCARE, INC., ET AL., CASE NO. EDCV 12-0531-DOC (OPX), (C.D. Cal.) and dismissed the action is with prejudice. NaturalCare, Inc. filed the Motion to Decertify. Plaintiff Alisa Neal also filed a motion to substitute class representative. According to Judge Carter, Ms. Neal lacked standing to assert the causes of action in her First Amended Complaint -- the operative complaint in this action and the foundation for her putative class claims. The Court is satisfied that the deficiencies of the complaint -- Ms. Neal's lack of standing -- cannot be cured by amendment. Hypothetically, the complaint could have been amended to add new parties, but only if Ms. Neal had done so before the Court's dismissal. At this point, the Court is satisfied that Ms. Neal herself cannot continue as a plaintiff. After this order is issued, there will be no parties left in this action to amend the complaint. Therefore, the Court finds that dismissal with prejudice is warranted, he said. Ms. Neal's Motion to Substitute Class Representative is vacated as moot, and all scheduled dates are vacated. A copy of the District Court's January 30, 2014 Opinion is available at http://is.gd/oFhvwwfrom Leagle.com. NCO FINANCIAL: Debt Collection Notices Violate FDCPA, Suit Says --------------------------------------------------------------- Vincent Rogers, Individually, and on behalf of all others similarly situated v. NCO Financial Systems, Inc., Case No. 3:14- cv-00209-PGS-LHG (D.N.J., January 13, 2014) is brought on behalf of all persons/consumers, who have received similar debt collection notices and letters/communications from the Defendant which are in violation of the Fair Debt Collection Practices Act. NCO Financial Systems, Inc. is a corporation engaged in the business of collecting debts, with an office located at in Horsham, Pennsylvania. The Plaintiff is represented by: Yitzchak Zelman, Esq. LAW OFFICE OF ALAN J. SASSON, P.C. 1669 East 12 Street, 2nd Floor Brooklyn, NY 11229 Telephone: (718) 339-0856 Facsimile: (347) 244-7178 E-mail: yzelman@sassonlaw.com NORTHLAND GROUP: Accused of Violating Fair Debt Collection Act -------------------------------------------------------------- Pesel Feder, on behalf of herself and all other similarly situated consumers v. Northland Group Inc., Case No. 1:14-cv-00275-ENV-CLP (E.D.N.Y., January 13, 2014) alleges violations of the Fair Debt Collection Practices Act. The Plaintiff is represented by: Maxim Maximov, Esq. MAXIM MAXIMOV, LLP 1701 Avenue P Brooklyn, NY 11229 Telephone: (718) 395-3459 Facsimile: (718) 408-9570 E-mail: m@maximovlaw.com NORTHROP GRUMMAN: Fails to Pay for OT Work, Suit Says ----------------------------------------------------- Darlene Huebner, Individually, and on Behalf of All Others Similarly Situated v. Northrop Grumman Corporation, Case No. 1:14- cv-00217 (N.D. Ill., January 13, 2014) is brought on behalf of individuals, who have worked for the Defendant in nonexempt positions during the statutory period and who were not paid overtime pay when they worked in excess of 40 hours per week. Northrop Grumman Corporation is a global security company that provides systems, products and services to customers in the state of Illinois and across the country. The Plaintiff is represented by: Ryan F. Stephan, Esq. Andrew C. Ficzko, Esq. James B. Zouras, Esq. Teresa M. Becvar, Esq. STEPHAN ZOURAS, LLP 205 N. Michigan Avenue, Suite 2560 Chicago, IL 60601 Telephone: (312) 233-1550 Facsimile: (312) 233-1560 E-mail: rstephan@stephanzouras.com aficzko@stephanzouras.com jzouras@stephanzouras.com tbecvar@stephanzouras.com OCWEN LOAN: "Lee" Class Suit Alleges FDCPA Violations ----------------------------------------------------- Daniel Lee and all others similarly situated v. Ocwen Loan Servicing, LLC, Case No. 1:14-cv-00099-TCB-LTW (N.D. Ga., January 13, 2014) alleges violations of the Fair Debt Collection Practices Act. The Plaintiff is represented by: Harlan Stuart Miller, III, Esq. PARKS CHESIN & WALBERT, P.C. 75 Fourteenth Street, N.E., 26th Floor Atlanta, GA 30309 Telephone: (404) 873-8000 Facsimile: (404) 873-8015 E-mail: hmiller@pcwlawfirm.com - and - Stephen L. Minsk, Esq. MINSK & ASSOCIATES, LLC 1451 Biltmore Drive, N.E. Atlanta, GA 30329 Telephone: (770) 861-7201 E-mail: stephen_minsk@yahoo.com PORSCHE CARS: 911 Model Has Defective Coolant Hoses, Suit Claims ---------------------------------------------------------------- Eddy Dharma, on behalf of himself and all others similarly situated v. Porsche Cars North America, Inc., Case No. 5:14-cv- 00181-RMW (N.D. Cal., January 13, 2014) alleges that Porsche's 2001-2009 model year 911s contain a dangerous but undisclosed defect within the coolant system. The Porsche 911 is one of the most popular and internationally best-selling high-end sports cars, and, according to Porsche, "the heart of the Porsche brand." Porsche promotes the 911 as a versatile, high-performance vehicle ideal both for everyday driving and racing. Older Porsche 911s are now common collector cars, and consumers often purchase a 911 intending to own it indefinitely. The coolant hoses in Porsche 911 separate from the cooling system without warning, resulting in gallons of coolant dumping onto the vehicle's engine, rear tires, and the road, Ms. Dharma contends. This in turn, she asserts, causes the vehicle to overheat, lose traction, and produce a steam cloud resembling smoke that drivers confuse for an engine fire. Porsche Cars North America, Inc. is a Delaware corporation headquartered in Atlanta, Georgia. Porsche is responsible for selling, leasing, marketing, and distributing Porsche vehicles in the United States, including in California. The Plaintiff is represented by: Eric H. Gibbs, Esq. Dylan Hughes, Esq. Rachel A. Naor, Esq. GIRARD GIBBS LLP 601 California Street, 14th Floor San Francisco, CA 94108 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 E-mail: ehg@girardgibbs.com dsh@girardgibbs.com ran@girardgibbs.com PORTFOLIO RECOVERY: Accuses of Violating Fair Debt Collection Act ----------------------------------------------------------------- Philip Katz, on behalf of himself and all other similarly situated consumers v. Portfolio Recovery Associates, LLC, Case No. 1:14-cv- 00272-NGG-RER (E.D.N.Y., January 13, 2014) accuses the Company of violating the Fair Debt Collection Practices Act. The Plaintiff is represented by: Maxim Maximov, Esq. MAXIM MAXIMOV, LLP 1701 Avenue P Brooklyn, NY 11229 Telephone: (718) 395-3459 Facsimile: (718) 408-9570 E-mail: m@maximovlaw.com PRINCIPAL FINANCIAL: Accused of Suspending Customers' HELOCs ------------------------------------------------------------ Ray Padilla, individually and on behalf of all others similarly situated v. Principal Financial Group, Inc., a Delaware corporation; and Nationstar Mortgage Holdings, Inc., a Delaware corporation, Case No. 1:14-cv-00225 (N.D. Ill. Jan 13, 2014) is about the Defendants' alleged unlawful suspensions and reductions of the Plaintiff's and its other customers' home equity lines of credit. Principal and Nationstar falsely claimed that the customer's home had significantly declined in value when, in reality, it had not, Mr. Padilla complains. In doing so, he argues, the Defendants broke their contractual obligations and promises with their HELOC account holders -- the intended result of which has been to collectively deny the Class members their bargained-for access to millions of dollars worth of affordable credit. Principal Financial Group, Inc. is a Delaware corporation basedom Des Moines, Iowa. Principal Financial provides banking services and financial services for both individuals and businesses. Nationstar Mortgage Holdings Inc. is a Delaware corporation headquartered in Lewisville, Texas. Nationstar is a real estate services company engaged primarily in the servicing of residential mortgage loans for others as well as the origination and selling or securitization of single-family conforming mortgage loans to government-sponsored entities or other third-party investors. The Plaintiff is represented by: Joseph J. Siprut, Esq. Gregg M. Barbakoff, Esq. Gregory W. Jones, Esq. SIPRUT PC 17 North State Street, Suite 1600 Chicago, IL 60602 Telephone: (312) 236-0000 Facsimile: (312) 267-1906 E-mail: jsiprut@siprut.com gbarbakoff@siprut.com gjones@siprut.com The Defendant is represented by: Joel S. Feldman, Esq. Daniel Robert Thies, Esq. SIDLEY AUSTIN LLP (CHICAGO) One South Dearborn Street Chicago, IL 60603 Telephone: (312) 853-2030 E-mail: jfeldman@sidley.com dthies@sidley.com - and - Eric Stephen Mattson, Esq. INTERNATIONAL JUSTICE MISSION P.O. Box 58147 Washiongton, DC 20037 Telephone: (312) 853-7000 E-mail: emattson@sidley.com RUSH TRUCK: Removed "Galdamez" Suit to C.D. Cal. ------------------------------------------------ The purported class action lawsuit styled Jorge Ramirez Galdamez v. Rush Truck Centers of California Inc., et al., Case No. BC528888, was removed from the Superior Court of California for the County of Los Angeles to the United States District Court for the Central District of California (Los Angeles). The District Court Clerk assigned Case No. 2:14-cv-00275-SJO-VBK to the proceeding. The Plaintiff is represented by: Brian J. Mankin, Esq. Kathy A. Le, Esq. FERNANDEZ AND LAUBY LLP 4590 Allstate Drive Riverside, CA 92501 Telephone: (951) 320-1444 Facsimile: (951) 320-1445 E-mail: bjm@fernandezlauby.com kle@fernandezlauby.com The Defendants are represented by: Christopher C. Hoffman, Esq. James C. Fessenden, Esq. Jonathan H. Liu, Esq. FISHER AND PHILLIPS LLP 4747 Executive Drive, Suite 1000 San Diego, CA 92121 Telephone: (858) 597-9600 Facsimile: (858) 597-9601 E-mail: choffman@laborlawyers.com jfessenden@laborlawyers.com jliu@laborlawyers.com SACRAMENTO D.E.A.: "Morrow" Suit Dismissed With Leave to Amend -------------------------------------------------------------- In MICHAEL MORROW, Plaintiff, v. SACRAMENTO D.E.A., Defendant, NO. 2:13-CV-2188 GEB KJN PS, (E.D. Cal.), the Court on November 26, 2013, granted plaintiff's application to proceed in forma pauperis, but also dismissed his complaint without prejudice. The Court gave plaintiff leave to file an amended pleading, and the plaintiff filed a First Amended Complaint on December 5, 2013. According to Magistrate Judge Kendall J. Newman, while the plaintiff's amended pleading sheds some light on the alleged events underlying his claims, the amended pleading falls short of the requirements described in the November 26, 2013 order. Accordingly, the Court will give the plaintiff another opportunity to amend his pleading so as to satisfy those requirements. Specifically, Judge Newman ruled that: 1. The Plaintiff's First Amended Complaint is dismissed, but that dismissal is with leave to amend so that plaintiff can correct the pleading deficiencies described herein and those described in the court's prior order. 2. The Plaintiff is granted 45 days from the entry of the order to file a Second Amended Complaint that is complete in itself. The Second Amended Complaint must bear the docket number assigned to this case and must be labeled "Second Amended Complaint." 3. Failure to timely file a Second Amended Complaint in accordance with the order will result in a recommendation that this action be dismissed. A copy of the District Court's January 10, 2014 Order is available at http://is.gd/0L1Hhxfrom Leagle.com. SEGA AMUSEMENTS: Deceives Key Master Users, California Suit Says ---------------------------------------------------------------- Yael Kempe, On Behalf of Herself and All Others Similarly Situated, and the General Public v. Sega Amusements U.S.A., Inc.; Play It! Amusements, Inc.; Sega Holdings U.S.A., Inc.; Sega Corporation; Sega Sammy Holdings Inc.; and Does 1 to 10, Inclusive, Case No. 2:14-cv-00281-DMG-AGR (C.D. Cal., January 13, 2014) alleges that the Defendants' activities related to the marketing and sale of Key Master for use by consumers are without proper disclosure that "winning" the Game does not guarantee winning the targeted prize, but rather, Key Master is pre-set to only dispense prizes at set intervals, which constitutes unlawful, unfair, deceptive, and fraudulent business practices. The Defendants manufacture, market, sell, and distribute a variety of amusement devices, including the player-operated amusement device, "Key Master," to owner-operators for use by consumers. The Plaintiff is represented by: Francis M. Gregorek, Esq. Betsy C. Manifold, Esq. Rachele R. Rickert, Esq. Marisa C. Livesay, Esq. FREEMAN & HERZ LLP 750 B Street, Suite 2770 San Diego, CA 92101 Telephone: (619) 239-4599 Facsimile: (619) 234-4599 E-mail: gregorek@whafh.com manifold@whafh.com rickert@whafh.com livesay@whafh.com - and - Fred T. Isquith, Esq. Janine L. Pollack, Esq. WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 270 Madison Avenue New York, NY 10016 Telephone: (212) 545-4600 Facsimile: (212) 545-4653 E-mail: isquith@whafh.com pollack@whafh.com - and - Eduard Korsinsky, Esq. Shannon L. Hopkins, Esq. LEVI KORSINSKY LLP 30 Broad Street New York, NY 10004 Telephone: (212) 363-7500 Facsimile: (866) 367-6510 E-mail: ek@zlk.com shopkins@zlk.com - and - Jeff S. Westerman, Esq. Jordanna G. Thigpen, Esq. WESTERMAN LAW CORP. 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 698-7450 Facsimile: (310) 201-9160 E-mail: jwesterman@jswlegal.com jthigpen@jswlegal.com SEIU: Civil Servants File Class Action in California ---------------------------------------------------- Michael Lipkin and Abigail Rubenstein, writing for Law360, report that a group of California civil servants who are not union members filed a putative class action on Jan. 31 against the Service Employees International Union, claiming the union's practice of deducting money for political activities from employees' wages unless they opt out annually constitutes prior restraint. SEIU Local 1000 takes part of state employees' pay each pay cycle for union dues as well as for its own nonbargaining political activities, according to the suit, filed in California federal court. But by asking employees to opt out of the political contributions, the union creates a default option that is unconstitutional, the suit claims. The 18 named plaintiffs say the union sent out letters in June with opt-out notices, but that not all plaintiffs received the letter as required. They also allege that the 17-page document does not mention the opt out procedure until the third page, where a "grudging" explanation of the process is found in small print. The process itself is also cumbersome, the suit claims, with workers paying their own postage to send written statements to the union to a new address each year. The suit compares the procedure to the steps needed to join the union itself, which provides a postage-paid envelope and does not require annual resubmissions. The suit seeks an injunction against the union's current opt out procedures and repayment of past charges for political expenses. The plaintiffs are represented by W. James Young of the National Right to Work Legal Defense Foundation and Steven R. Burlingham of Gary Till & Burlingham. Counsel information for SEIU was not immediately available on Feb. 4. The case is Kourosh Kenneth Hamidi et al. v. Service Employees International Union Local 1000 et al., case number 2:14-cv-00319, in the U.S. District Court for the Eastern District of California. SKINNYGIRL: Frankel Files Motion to Seal Documents in Class Action ------------------------------------------------------------------ Suzy Kerr, writing for Reality TV Magazine, reports that Bethenny Frankel, the former Real Housewives of New York City star, has filed a motion requesting a judge seal all the documents related to the class action lawsuit she's currently embroiled in. So far the judge hasn't come back with a decision, and sources say Bethenny is very worried about her private info becoming public. According to RadarOnline, the ex Housewife filed paperwork back on Dec. 6 asking a judge to keep all documents relating to her class action lawsuit private. The lawsuit, which was filed in 2011, alleges that Bethenny and her Skinnygirl company engaged in false advertising with their product ingredients, with the plaintiff requesting millions of dollars in damages. A source close to the case says that Bethenny's big concern right now is that the information in the court documents will become public record, outing her trade secrets and personal business information. In a deposition, the former Real Housewives of New York City star said, "the transcript contains non-public, commercially sensitive confidential and proprietary business information." Some of the more worrisome pieces include "sales data, business plans, research and marketing presentations," which Bethenny thinks may damage her company if these are made public, especially if competitors get their hands on the info. The reality star turned talk show host has also hired a man by the name of Dr. Ugone, who's an expert in something. Bethenny plans to use his expertise in whatever it is to help defend her case, and in the Dec. 6 filing, she's also asked that his testimony be sealed as well. So far, the judge hasn't issued a decision in the matter. STONE PONEY: Suit Seeks Reimbursement of Illegally Taken Tips ------------------------------------------------------------- Pura Scott, on her own behalf and on behalf of others similarly situated v. Stone Poney, Inc., a Florida for-profit corporation, Tim Bartlett, an individual, and Bernard De Raad, an individual, Case No. 3:14-cv-00048-HLA-JBT (M.D. Fla., January 13, 2014) is a collective action for unpaid minimum wage compensation, unpaid overtime wage compensation, reimbursement of tips illegally taken, liquidated damages and other relief under the Fair Labor Standards Act. Stone Poney, Inc., is a Florida for-profit company that owns and operates the Caps on the Water restaurant located in St. Johns County, Florida. Tim Bartlett is the general manager of the Restaurant. Bernard De Raad is the president and sole officer of the Company. The Plaintiff is represented by: Lowell J. Kuvin, Esq. LAW OFFICE OF LOWELL J. KUVIN 17 East Flagler Street, Suite 223 Miami, FL 33131 Telephone: (305) 358-6800 Facsimile: (305) 358-6808 E-mail: lowell@kuvinlaw.com STONEMOR PARTNERS: Notice of Class Deal Approval Guidelines Filed ----------------------------------------------------------------- District Judge William Alsup issued a notice regarding factors to be evaluated for any proposed class settlement in the case captioned GEORGE SARKISOV, Plaintiff, v. STONEMOR PARTNERS L.P. and STONEMOR GP LLC, Defendants, NO. C 13-04834 WHA, (N.D. Cal.). For the guidance of counsel, Judge Alsup said the following factors will typically be considered in determining whether to grant preliminary approval to a class settlement: 1. ADEQUACY OF REPRESENTATION. 2. DUE DILIGENCE. 3. COST-BENEFIT FOR ABSENT CLASS MEMBERS. 4. THE RELEASE. 5. EXPANSION OF THE CLASS. 6. REVERSIONS. 7. CLAIM PROCEDURE. 8. ATTORNEY'S FEES. 9. DWINDLING OR MINIMAL ASSETS? 10. TIMING OF PROPOSED SETTLEMENT. 11. A RIGHT TO OPT OUT IS NOT A CURE-ALL. 12. INCENTIVE PAYMENTS. 13. NOTICE TO CLASS MEMBERS. A copy of the District Court's January 9, 2014 Notice is available at http://is.gd/WWfz7lfrom Leagle.com. SULLIVAN TAXI: Suit Seeks to Recover Unpaid Overtime Premium Pay ---------------------------------------------------------------- John P. Sekoch, Individually and on Behalf of All Other Persons Similarly Situated v. Sullivan Taxi, Inc. and Gary Putter, Jointly and Severally, Case No. 7:14-cv-00245-VB (S.D.N.Y., January 13, 2014) alleges that the Plaintiff and other similarly situated drivers are entitled to unpaid wages from the Defendants for overtime work for which they did not receive overtime premium pay. Sullivan Taxi, Inc. is a New York domestic corporation headquartered in Liberty, New York. Gary Putter owns, operates and controls the day-to-day operations and management of the Company. The Plaintiff is represented by: Douglas Brian Lipsky, Esq. BRONSON LIPSKY LLP 630 Third Avenue, 5th Floor New York, NY 10017 Telephone: (212) 392-4772 Facsimile: (212) 444-1030 E-mail: dlipsky@bronsonlipsky.com - and - Jeffrey Michael Gottlieb, Esq. Dana Lauren Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 East 18th Street, Suite PHR New York, NY 10003 Telephone: (212) 228-9795 Facsimile: (212) 982-6284 E-mail: nyjg@aol.com danalgottlieb@aol.com TATTLE TAIL: Accused of Not Paying Employee Wages ------------------------------------------------- Nicole Rawley, Amanda Farnsworth, and Heather Whitlow, individually and on behalf of all others similarly situated who consent to their inclusion in a collective action v. Tattle Tail, Inc. d/b/a Tattletale Lounge, a corporation; and Denis G. Kaufman and Carleen J. Barnes, individuals, Case No. 1:14-cv-00090-AT (N.D. Ga., January 13, 2014) arises from the Defendants' alleged ongoing wrongful scheme to turn back the clock by denying their employees any wage at all. Tattle Tail, Inc. is a Georgia corporation. The Individual Defendants are directors or officers of the Company. The Defendants own and operate a successful and long-lived strip club. The business of Defendants is to provide nude dancers and other entertainment to customers of the club. The Plaintiffs are represented by: W. Anthony Collins, Jr., Esq. SMITH COLLINS, LLC 8565 Dunwoody Place Building 15, Suite B Atlanta, GA 30350 Telephone: (770) 378-1408 E-mail: wicollin@hotmail.com - and - James R. Fletcher II, Esq. MERRITT & FLETCHER, LLC 1265 West Spring St., Suite A Smyrna, GA 30080 Telephone: (678) 607-6053 E-mail: jim@MerrittFletcher.com TEIKOKU PHARMA: Sued by End-Payors Over Lidocaine Patch 5% ---------------------------------------------------------- Painters District Council No. 30 Health & Welfare Fund on behalf of itself and all others similarly situated v. Teikoku Pharma USA, Inc., Teikoku Seiyaku Co., Ltd., Endo Pharmaceuticals Inc., Watson Pharmaceuticals, Inc., Watson Laboratories, Inc., and Actavis plc, Case No. 2:14-cv-00289-CBM-AGR (C.D. Cal., January 13, 2014) is a civil antitrust action brought on behalf of a proposed class of end-payors, who indirectly purchased, reimbursed or otherwise paid for lidocaine patch 5%, sold by Endo under the brand name Lidoderm. Lidoderm is a lidocaine-containing pain patch to treat pain associated with post-herpetic neuralgia. The Plaintiff seeks overcharge damages arising out of Endo/Teikoku's overarching anticompetitive scheme that illegally delayed the availability of less expensive generic versions of Lidoderm, an order enjoining Defendants' anticompetitive conduct, and other relief. Endo Pharmaceuticals Inc. is a Delaware corporation headquartered in Chadds Ford, Pennsylvania. Endo markets and sells Lidoderm throughout the United States. Teikoku Seiyaku is a Japanese company headquartered in Kagawa, Japan. Seiyaku is the owner, assignee or licensee of the '529 patent over which Endo and Teikoku sued Watson. Teikoku manufactures Lidoderm in Japan for commercial sale in the United States by Endo under a Manufacturing and Supply Agreement with Endo. Endo pays Teikoku Seyaku royalties under that agreement. Teikoku Pharma is a California corporation headquartered in San Jose, California. Teikoku Pharma is a wholly-owned subsidiary of Teikoku Seiyaku and is the holder of the New Drug Application for Lidoderm. Actavis plc is incorporated under the laws of Ireland and is headquartered in Docklands Dublin 2, Ireland. Watson Pharmaceuticals, Inc. changed its name to Actavis, Inc., as a result of Watson Pharmaceuticals, Inc.'s acquisition of Swiss- based Actavis Group. Watson Pharmaceuticals, Inc., was a Nevada corporation headquartered in Corona, California. Effective on January 24, 2013, Watson Pharmaceuticals, Inc. changed its name to Actavis, Inc., which later became Actavis plc. Watson markets, produces and distributes generic pharmaceutical products worldwide, including in this judicial district. The Plaintiff is represented by: William J. O'Brien, Esq. ONE LLP 9301 Wilshire Boulevard, Penthouse Suite Beverly Hills, CA 90210 Telephone: (310) 866-5157 E-mail: wobrien@onellp.com - and - Marvin A. Miller, Esq. Lori A. Fanning, Esq. MILLER LA LLC 115 South LaSalle Street, Suite 2910 Chicago, IL 60603 Telephone: (312) 332-3400 E-mail: mmiller@millerlawllc.com lfanning@millerlawllc.com - and - Joseph Burns, Esq. Tiffany R. Reeves, Esq. JACOBS, BURNS, ORLOVE & HERNANDEZ 150 North Michigan Avenue, Suite 1000 Chicago, IL 60601 Telephone: (312) 372-1646 E-mail: jburns@jbosh.com treeves@jbosh.com THORATEC CORP: Glancy Binkow Files Class Action in California ------------------------------------------------------------- Glancy Binkow & Goldberg LLP, representing investors of Thoratec Corporation, on Feb. 4 disclosed that it has filed a class action lawsuit in the United States District Court for the Northern District of California on behalf of a class comprising all purchasers of Thoratec securities between April 29, 2010 and November 27, 2013, inclusive. A COPY OF THE COMPLAINT IS AVAILABLE FROM THE COURT OR FROM GLANCY BINKOW & GOLDBERG LLP. PLEASE CONTACT US TOLL-FREE AT (888) 773- 9224, OR AT (212) 682-5340, OR BY EMAIL TO SHAREHOLDERS@GLANCYLAW.COM TO DISCUSS THIS MATTER. IF YOU INQUIRE BY EMAIL PLEASE INCLUDE YOUR MAILING ADDRESS, TELEPHONE NUMBER AND NUMBER OF SHARES PURCHASED. Thoratec researches, develops, manufactures and markets medical devices for circulatory support and vascular graft applications. The Company's products include a ventricular assist device, an implantable left ventricular heart assist device, a vascular access graft and a coronary artery bypass graft. The Complaint alleges that, throughout the Class Period, defendants failed to disclose that the Company's HeartMate II Left Ventricular Assist Device had significant risk of pump thrombosis, causing numerous fatalities. If you are a member of the Class described above, you may move the Court no later than March 25, 2014, to serve as lead plaintiff; however, you must meet certain legal requirements. If you wish to learn more about this action, or have any questions concerning this announcement or your rights or interests with respect to these matters, please contact Michael Goldberg, Esquire, of Glancy Binkow & Goldberg LLP, 1925 Century Park East, Suite 2100, Los Angeles, California 90067, Toll Free at (888) 773-9224, or contact Gregory Linkh, Esquire, of Glancy Binkow & Goldberg LLP at 122 E. 42nd Street, Suite 2920, New York, New York 10168, at (212) 682-5340, by e-mail to shareholders@glancylaw.com or visit our website at http://www.glancylaw.com If you inquire by email please include your mailing address, telephone number and number of shares purchased. TORONTO, CANADA: Police Faces Class Action Over Racial Profiling ---------------------------------------------------------------- The Canadian Press reports that a class action complaint has been filed with the Human Rights Tribunal of Ontario alleging racial profiling by Toronto police. The Toronto police services board and Chief Bill Blair are named in the complaint filed on Feb. 4 by the Black Action Defense Committee. The complaint alleges ongoing discrimination or harassment by police based on race, colour, ancestry, place of origin, citizenship, ethnic origin and age. Black Action Defense is seeking a declaration that racial profiling and carding involve racial discrimination and are a violation of the Charter of Rights and Freedoms and the Ontario Human Rights Code. It also wants police officers to be required to carry a card telling them how to avoid engaging in racial profiling and racial discrimination. Black Action Defense is asking for $100 million compensation for the "several dozen, perhaps thousands of people" because of the "years of discrimination . . . harm and suffering both past, present and future." The group has also filed a number of lawsuits alleging racial profiling against Correctional Services Canada, Ontario's Ministry of Community Safety and Corrections, Toronto police and Peel police. VISA INC: Plaintiff Appealed Rulings in "Stoumbos" Antitrust Suit ----------------------------------------------------------------- Plaintiff Mary Stoumbos appealed to the United States Court of Appeals for the District of Columbia Circuit from the Order and Memorandum Opinion of the United States District Court for the District of Columbia entered on February 13, 2013, and from the Order and Memorandum Opinion of the District Court entered on December 19, 2013, in favor of Defendants Visa Inc., et al. The original case, Case No. 1:11-cv-01882-ABJ, alleges violations of antitrust laws. The Appellate Court assigned Case No. 14-7005 to the proceeding. The Plaintiff-Appellant is represented by: Douglas G. Thompson, Esq. Michael G. McLellan, Esq. FINKELSTEIN THOMPSON LLP 1055 30th Street, Suite 150 Washington, DC 20007 Telephone: (202) 337-8000 Facsimile: (206) 337-8090 E-mail: dthompson@finkelsteinthompson.com mmclellan@finkelsteinthompson.Com The Defendants-Appellees are represented by: Matthew Adam Eisenstein, Esq. Mark Ralph Merley, Esq. ARNOLD & PORTER LLP 555 12th Street, NW Washington, DC 20004-1206 Telephone: (202) 942-5000 E-mail: Matthew.Eisenstein@aporter.com Mark.Merley@aporter.com - and - Kenneth A. Gallo, Esq. PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 2001 K Street, NW Washington, DC 20006 Telephone: (202) 223-7300 E-mail: kgallo@paulweiss.com WELLS FARGO: Parties Drop Anti-Tying Claim in "Ursomano" Suit ------------------------------------------------------------- In PATRICK URSOMANO, GIOVANNI CANONICO and URSULA CANONICO, individually and on behalf of all others similarly situated, Plaintiffs, v. WELLS FARGO BANK, N.A., WELLS FARGO INSURANCE, INC., ASSURANT, INC., and AMERICAN SECURITY INSURANCE COMPANY, Defendants, CASE NO. 13-CV-04381-EMC, (N.D. Cal.), the Parties have agreed to the voluntary dismissal of Count One of the First Amended Class Action Complaint, which alleges violation of the Anti-Tying Provisions of the Bank Holding Act, 12 U.S.C. Section1972, et seq., against Wells Fargo Bank, N.A., with prejudice, thereby obviating the need for the Court to rule upon or address any issues surrounding Count One of the FACC in connection with the Motion to Dismiss. District Judge Edward M. Chen approved the stipulation in a January 30, 2014 Order available at http://is.gd/NEojW4from Leagle.com. Each party will bear his, her or its own costs and expenses, including attorneys' fees, and waives any rights of appeal that may exist as to the dismissal of the claim under the Anti-Tying Provisions of the Bank Holding Act. KESSLER TOPAZ, MELTZER & CHECK, LLP, Peter A. Muhic -- pmuhic@ktmc.com -- (Pro Hac Vice) Edward W. Ciolko -- eciolko@ktmc.com -- Radnor, PA, and Eli R. Greenstein -- egreenstein@ktmc.com -- (SBN 217945), San Francisco, CA, Counsel for Plaintiffs and the Proposed Classes. SEVERSON & WERSON, P.C. Philip Barilovits -- pb@severson.com -- (Bar No. 199944), Michael J. Steiner -- mjs@severson.com -- (Bar No. 112079), Mark D. Lonergan -- mdl@severson.com -- (Bar No. 143622), San Francisco, CA, Attorneys for Defendant Wells Fargo Bank, N.A. and Wells Fargo Insurance, Inc. YOUMAIL INC: Sends Unsolicited Advertising Texts, Suit Claims ------------------------------------------------------------- James Holmes, individually and on behalf of all other similarly situated v. YouMail, Inc.; Alex Quilici; Mike Rudolph; Vantage Point Capital Partners; Saban Capital Group; Eric Ver Ploeg; Craig Cooper, Case No. 8:14-cv-00048-DOC-AN (C.D. Cal., January 13, 2014) accuses the Defendants of sending the Plaintiff and millions of other consumers unsolicited advertising text messages after they had first been put on notice via the filing of a different class action regarding their illegal and unsolicited text messages. YouMail, Inc. is a California corporation headquartered in Irvine, California. YouMail provides feature-rich voice mail services for cellular telephones, as an alternative to using the voice mail that may come along with telephone service. Vantage Point Capital Partners and Saban Capital Group are venture capital firms in California. Vantage and Saban, through their agents, actively participated in a common agreement among the Defendants to send the telemarketing text messages that are the subject of this lawsuit. The Individual Defendants are board members, investors, executives or officers of YouMail. The Plaintiff is represented by: Joshua B. Swigart, Esq. HYDE & SWIGART 2221 Camino Del Rio South, Suite 101 San Diego, CA 92108-3609 Telephone: (619) 233-7770 Facsimile: (619) 297-1022 E-mail: josh@westcoastlitigation.com - and - Alexander H. Burke, Esq. BURKE LAW OFFICES, LLC 155 N. Michigan Avenue, Suite 9020 Chicago, IL 60601 Telephone: (312)729-5288 Facsimile: (312)729-5289 E-mail: ABurke@BurkeLawLLC.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Noemi Irene A. Adala, Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2014. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000 or Nina Novak at 202-241-8200. * * * End of Transmission * * *