/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/150923.mbx C L A S S A C T I O N R E P O R T E R Wednesday, September 23, 2015, Vol. 17, No. 190 Headlines AMERICAN EXPRESS: Rosen Law Firm Files Securities Class Suit AVALANCHE BIOTECH: Khang & Khang Files Securities Class Suit BARD CANADA: Inability to Prove Common Design Dooms Class Suit BROWARD COUNTY, FL: Airport Sued Over 'Extreme Noise Pollution' CACIQUE INC: Faces "Reyes" Suit Over Inaccurate Wage Statement CAESARSTONE SDOT-YAM: October 26 Lead Plaintiff Bid Deadline CANADA: Liberals Set to Unveil Plan to Court Veteran Vote CHEVRON CORP: Canadian Court Allows Ecuadorians to Pursue Suit CHRISTENSEN FINANCIAL: Sued Over Failure to Pay Overtime Wages CONAIR CORPORATION: Court Rejects Bid to Reconsider Order CONFORMIS INC: November 2 Lead Plaintiff Bid Deadline CYNTHIA ELLIOTT: Sued by Teachers for Using "F" Word DOLLAR TREE: Parties Agree to Dismiss "Frizzell" Case EAST COAST: "Khan" Suit Seeks to Recover Unpaid Overtime Wages ELI LILLY: Faces Suit in Pa. Alleging Cymbalta-Related Injuries EUREKA NAILS: "Aguaysa" Suit Seeks to Recover Unpaid OT Wages EXTERIOR WALLS: Fails to Pay Employees OT, "Hernandez" Suit Says FMR CORP: Accused of Racial Discrimination in E.D. Michigan GENERAL MOTORS: Faces "Hinds" Suit Over Defective Ignition Switch GENERAL MOTORS: Faces Suit Over Premature Deployment of Airbag GRUBHUB INC: Court Remands "Mitchell" Class Suit HINSDALE NURSERIES: Faces "Campos" Suit Over Failure to Pay OT HMM PALLETS: Faces "Marquez" Suit Over Failure to Pay Overtime INVACARE CORP: Court Denies Motion to Dismiss "Murray" Case INVESTOR INCOME: Faces "He" Suit Over False Advertisements JOHN L. SULLIVAN: Accused of Wrongful Conduct Over Vehicle Price KING OSCAR: Named as One of 'Big Three' Price Fixing Cartels KMDG LLC: Settlement Approved in "Lopez" FLSA Class Suit LEIDOS INC: Court Dismissed "Fernandez" Suit with Leave to Amend LERETA LLC: "Brooks" Suit Seeks to Recover Unpaid Overtime Wages LORILLARD TOBACCO: Court Dismissed "Henry" Smoking Suit MARITIME ASSOCIATION: Sued Over Alleged Breach of Fiduciary Duty MASSACHUSETTS BAY: Sued in Mass. For Charging Personal Files Fee MAXIM HEALTHCARE: Faces "Bunch" Suit Over Failure to Pay Overtime MAXIM HEALTHCARE: Faces "Covington" Suit Over Failure to Pay OT MAXIM HEALTHCARE: Faces "Davis" Suit Over Failure to Pay Overtime MAXIM HEALTHCARE: Faces "Duvers" Suit Over Failure to Pay OT MAXIM HEALTHCARE: Faces "Guilder" Suit Over Failure to Pay OT MAXIM HEALTHCARE: Faces "Graham" Suit Over Failure to Pay OT MAXIM HEALTHCARE: Faces "Harris" Suit Over Failure to Pay OT MAXIM HEALTHCARE: Faces "Martin" Suit Over Failure to Pay OT MAXIM HEALTHCARE: Faces "McNeal" Suit Over Failure to Pay OT MID-OHIO TRUCKING: Faces "Kaschalk" Suit Over Failure to Pay OT MITSUI O.S.K.: Court Dismisses Suit Against Vehicle Shippers MONSTER CHEF: "Alvarez" Suit Seeks to Recover Unpaid Overtime MONTGOMERY CITY, AL: Faces Suit Alleging Civil Rights Violation NATIONAL FITNESS: Faces "Russ" Suit Over Failure to Pay Overtime NATURAL FRUIT: Faces Class Suit Over Forced, Child Labour NELNET INC: Robert Shaw Can't Join "Cooper" Suit, Judge Says NEW YORK: NYPD Sued Over Alleged Illegal Detention Practices ONSTAR LLC: Has Made Unsolicited Calls, "Duchene" Suit Claims PATSY'S PIZZERIA: Faces "Guzman" Suit Over Failure to Pay OT PITA CAFE: Does Not Properly Pay Employees, "Daraei" Suit Claims PIZZA HUT: Ex-Pizza Driver Sues Over NY Labor Law Violations REVANCE THERAPEUTICS: Warren Police Suit Remanded to State Court RIDGE COUNTRY: Faces "Esqueda" Suit Over Failure to Pay Overtime RIVERBOAT DELTA: Court Grants in Part Requests for Attorney Fees ROYAL TRANSPORTATION: Sued Over Failure to Pay Overtime Wages SANDRIDGE ENERGY: Sued in Oklahoma Over Plan Assets Mismanagement SOUTH TEXAS: Faces "Granados" Suit Over Failure to Pay Overtime SAINT-ALPHONSE SEMINARY: Sex Abuse Victims Receive $14M Settlement ST. LOUIS CITY JAILS: Mo. Judge Denies Class Cert. in "Burke" STAR OF TEXAS: Faces "Deutsh" Suit Alleging ADA Violations SUMO GLASS: Faces "Castrellon" Suit Over Failure to Pay Overtime SUPERIOR HOME: Sued Over Failure to Pay Nurses Overtime Wages TWITTER INC: Accused of Wrongful Conduct Over Users Messages TY WELLNESS: Sued in Cal. Over Negligent Acupuncture Treatments UNITED AIRLINES: Sued Over Early Out Program Lump Sum Payment UNITEDHEALTHCARE INC: 7th Cir. Revives "Meinders" Junk Fax Suit US FOODS: Faces Suit in Colorado for Gender Discrimination WERNER ENTERPRISES: "Smith" Suit Moved From Calif. to Nebraska WORK OUT WORLD: Accused of Violating Communications Act in N.J. ********* AMERICAN EXPRESS: Rosen Law Firm Files Securities Class Suit ------------------------------------------------------------ Rosen Law Firm, a global investor rights firm, announces that a class action lawsuit has been filed on behalf of all purchasers of American Express Company common stock from October 16, 2014 through February 11, 2015. The lawsuit seeks to recover investors' losses under the federal securities laws. To join the American Express class action, visit the firm's website at http://www.rosenlegal.com/cases-690.html,or contact Phillip Kim, Esq. or Kevin Chan, Esq. toll-free at 866-767-3653 or via email at pkim@rosenlegal.com or kchan@rosenlegal.com for information on the class action. NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN ONE. YOU MAY CHOOSE TO DO NOTHING AT THIS POINT AND REMAIN AN ABSENT CLASS MEMBER. The complaint alleges that Defendants issued false and misleading statements concerning American Express' business and prospects, including the position of its negotiations with U.S. Costco to renew its co-branding agreement, which was set to expire on March 31, 2016 and the financial repercussions of that agreement on American Express' business. Consequently, American Express' stock traded at artificially elevated prices, reaching a peak of almost $95 per share on December 29, 2014. On February 12, 2015, American Express revealed that it had lost the U.S. Costco co-branding relationship, and that the financial cost of that loss would be severe. American Express announced that the U.S. Costco co-branding agreement accounted for 8% of the Company's revenues in 2014, and that one in ten U.S. American Express cards were issued pursuant to the U.S. Costco co-branding arrangement. Additionally, 20% of its outstanding loans were made pursuant to that agreement. Lastly, because of the expiration of the U.S. Costco co-branding agreement, American Express stated that its 2015 and 2016 profits would suffer, and that it would be unable to make any progress on its prior efforts to boost earnings per share until 2017. Thus, American Express' stock price dropped from a close of $85.40 per share on February 11, 2015, to close at $77.53 per share on February 13, 2015, a decrease of almost $8 per share. If you wish to serve as lead plaintiff, you must move the Court no later than September 28, 2015. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. If you wish to join the litigation go to the firm's website at http://www.rosenlegal.com/cases-690.htmlor to discuss your rights or interests regarding this class action, please contact Phillip Kim, Esq. or Kevin Chan, Esq. of Rosen Law Firm toll-free at 866-767-3653 or via e-mail at pkim@rosenlegal.com or kchan@rosenlegal.com. Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. Laurence Rosen, Esq. Phillip Kim, Esq. Kevin Chan, Esq. The Rosen Law Firm, P.A. 275 Madison Avenue, 34th Floor New York, NY 10016 Tel: (212) 686-1060 Toll Free: (866) 767-3653 Fax: (212) 202-3827 Email: pkim@rosenlegal.com kchan@rosenlegal.com AVALANCHE BIOTECH: Khang & Khang Files Securities Class Suit ------------------------------------------------------------ Khang & Khang LLP announces that a class action lawsuit has been filed against Avalanche Biotechnologies, Inc. ("Avalanche" or the "Company") (NASDAQ: AAVL). Investors who purchased or otherwise acquired shares between July 31, 2014 and June 15, 2015, inclusive (the "Class Period") are encouraged to contact the Firm immediately to discuss their legal options. If you purchased shares of Avalanche during the Class Period, please contact Joon M. Khang, Esquire, of Khang & Khang, 18101 Von Karman Avenue, 3rd Floor, Irvine, CA 92612, by telephone: (949) 419-3834, or by email at joon@khanglaw.com. There has been no class certification in this case. Until certification occurs, you are not represented by an attorney. You may choose to take no action and remain a passive class member. According to the complaint, the Company allegedly issued materially false and misleading statements and/or failed to disclose that Phase 2a of the study for its drug AVA-101 was not designed to show any statistical significance between the active and control groups in the secondary endpoints. If you purchased shares of Avalanche during the Class Period you have until September 8, 2015 to ask the Court to appoint you as lead plaintiff. If you wish to learn more about this lawsuit, or if you have any questions concerning this notice or your rights, please contact Joon M. Khang, a prominent litigator for almost two decades, by telephone: (949) 419-3834, or by email at joon@khanglaw.com. Contact: Joon M. Khang, Esq. KHANG & KHANG LLP Telephone: 949-419-3834 Facsimile: 949-225-4474 joon@khanglaw.com BARD CANADA: Inability to Prove Common Design Dooms Class Suit -------------------------------------------------------------- Andrea Gorys, Esq. -- agorys@theallgroup.com -- at Theall Group LLP, in an article for Mondaq, reportd that despite the popular belief that all product liability cases are appropriate for certification as class actions, the recent decision of O'Brien v. Bard Canada Inc. proves otherwise. The Ontario Superior Court of Justice dismissed a certification motion on the basis that the plaintiff failed to demonstrate the plurality of claims beyond her own experience. She could not demonstrate that there was a common design defect amongst the 19 products made by the manufacturer. They were all different in materials, shape, size, weight, density, weave, porosity, flexibility, configuration, fixation methodology, design purposes, and product warnings. The plaintiff, Ms. O'Brien, moved for certification of a product liability class action against Bard Canada Inc. and its subsidiaries (collectively "Bard") alleging that their pelvic mesh products used to treat pelvic organ prolapse ("POP") or stress urinary incontinence ("SUI") were dangerous. She claimed Bard negligently designed the product and further failed to warn of the danger in using its medical devices. Ms. O'Brien had suffered multiple side effects following the surgery to implant one of Bard's medical devices. Bard offers a variety of products to treat POP and SUI -- Ms. O'Brien's proposed class included patients implanted with any one of 19 different mesh products made by Bard. Although all of these products use surgical mesh, each has distinct design features as well as different design purposes. They are made of different materials, and have different sizes, shapes, warnings, etc. As explained by Bard, the products were designed to provide different approaches to treat POP and SUI. Consequently, Bard's expert evidence, provided by two different doctors, explained that it was not scientifically reasonable to generically link adverse outcomes from 19 different products. Moreover, their different designs are clinically relevant because they are chosen for the specific patient's circumstances. Although the threshold for certification motions is low in that it requires the moving party to adduce evidence that demonstrates "some-basis-in-fact," Ms. O'Brien was unable to meet it because she failed to show a common design defect among Bard's 19 products. While she presented expert evidence through a doctor who opined on the use of surgical mesh to treat SUI and POP, his evidence failed to establish any commonality of design or use between Bard's 19 products. This case illustrates that where manufacturers manufacture a variety of products for use in similar situations, but can demonstrate substantive distinctive traits between them, they have a strong defence against certification of a class action. As stated by the Court: "No type of class action is quintessentially certifiable, even a products liability class action. Each class action of whatever genre must be individually assessed." BROWARD COUNTY, FL: Airport Sued Over 'Extreme Noise Pollution' --------------------------------------------------------------- Brittany Wallman, writing for Sun Sentinel, reported that Broward County was hit with its third lawsuit in a month -- this one in federal court -- by airport neighbors fed up with loud, low-flying aircraft headed to the new airport runway. They argue the loss in enjoyment of their homes is so great, it's as if the county took their property without paying them for it. In decades of litigation leading up to the controversial runway's construction at Fort Lauderdale-Hollywood International Airport, much of the focus was on homeowners in the Melaleuca Gardens neighborhood of Dania Beach, just south of the airport. Now that the runway is open, the swath of those impacted by airplane flyovers -- and the accompanying sound, fumes, vibrations and droppings -- is larger, drawing in thousands of homeowners in Hollywood, Dania Beach and Fort Lauderdale who live west of the airport. In the latest case, filed Sept. 1, lawyers from three firms joined together, seeking class action status for all homeowners in the new flight paths. The named plaintiff is Noy Hadar, owner of two-story home in the Maple Ridge neighborhood of Hollywood, just south of Griffin Road. "He cannot even take a phone call in his house without getting interrupted by a plane that basically flies right over him every two or three minutes on some days," attorney Zeljka Bozanic said. "Before the south runway opened, there was no noise whatsoever." Attorneys Cullin O'Brien, Sue-Ann Robinson and Bozanic argue that the residents are exposed to "extreme noise pollution" that interferes with their ability to "use and enjoy their properties." "When there's a noisy flight path that makes it unbearable on your premises, that can constitute a taking," O'Brien said. "When you have 727 engines as your new neighbors, something needs to be done." Aviation Director Kent George referred comment to the county attorney's office, but has said in the past that flight patterns are the domain of the Federal Aviation Administration. Assistant County Attorney Tony Rodriguez declined comment, saying the county had not been served with the lawsuit. The new $800 million runway, on the airport's south side, opened a year ago and typically carries about 30 percent of the 600 flights a day. But the county has been slow to soundproof homes, and only hired a company to launch promised programs to compensate homeowners in the nosiest zones. The federal case was assigned to Judge Donald Middlebrooks. On Aug. 5, a team of lawyers from three firms filed two lawsuits in Broward circuit court -- one on behalf of homeowners who were denied sound-proofing, and a second lawsuit on behalf of those who were approved but haven't gotten it yet. Attorney Stephen Malove said the team will blanket the community - - some 24,000 homes -- with letters seeking homeowners affected by the new runway's air traffic. CACIQUE INC: Faces "Reyes" Suit Over Inaccurate Wage Statement -------------------------------------------------------------- Juan Reyes, an individual, on behalf of the State of California, as a private attorney general v. Cacique, Inc. and Does 1 to 50, Case No. BC594586 (D. Cal., September 14, 2015), is brought against the Defendants for failure to provide accurate itemized wage statements in compliance with Labor Code. Cacique, Inc. is a California corporation that manufactures Mexican-style cheeses, chorizos, and creams. The Plaintiff is represented by: Eric B. Kingsley, Esq. Kelsey M. Szamet, Esq. KINGSLEY & KINGSLEY, APC 16133 Ventura Blvd., Suite 1200 Encino, CA 91436 Telephone: (818) 990-8300 Facsimile: (818) 990-2903 E-mail: eric@kingsleykingsley.com kelsey@kingsleykingsley.com CAESARSTONE SDOT-YAM: October 26 Lead Plaintiff Bid Deadline ------------------------------------------------------------ Rosen Law Firm, a global investor rights law firm, reminds purchasers of CaesarStone Sdot-Yam Ltd. from March 25, 2013 through August 18, 2015 of the important October 26, 2015 lead plaintiff deadline in the class action. The lawsuit seeks to recover damages for CaesarStone investors under the federal securities laws. According to the lawsuit, Defendants made false and/or misleading statements and/or failed to disclose that: (1) the cost of quartz increased significantly by approximately 20% in 2014 while CaesarStone claimed in SEC filings the impact of the price rising was just 4%; (2) independent lab tests revealed that CaesarStone's samples contained less quartz than advertised; (3) CaesarStone's reported consolidated margins, gross margins, and EBITDA were overstated; (4) the extent of and risk posed by a rising number of lawsuits for approximately 60 silicosis-related injuries or deaths suffered by workers and fabricators of its product in Israel was understated; (5) the impact recent OSHA warnings concerning silicosis would have on the opening of a new U.S. facility and associated costs; and (6) recent inspection reports revealed audit deficiencies related to revenue and inventory controls. On August 19, 2015, analyst firm Spruce Point Capital Management published a report on CaesarStone describing the aforementioned false and misleading statements and failures of disclosure. On this adverse news, CaesarStone ADRs fell $3.68, or 7.6%, to close at $44.61 on August 19, 2015. If you wish to serve as lead plaintiff, you must move the Court no later than October 26, 2015. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. If you wish to join the litigation go to the firm's website at http://www.rosenlegal.com/cases-699.htmlor to discuss your rights or interests regarding this class action, please contact Phillip Kim, Esq. or Kevin Chan, Esq. of Rosen Law Firm toll-free at 866-767-3653 or via e-mail at pkim@rosenlegal.com or kchan@rosenlegal.com. Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. Laurence Rosen, Esq. Phillip Kim, Esq. Kevin Chan, Esq. The Rosen Law Firm, P.A. 275 Madison Avenue, 34th Floor New York, NY 10016 Tel: (212) 686-1060 Toll Free: (866) 767-3653 Fax: (212) 202-3827 pkim@rosenlegal.com kchan@rosenlegal.com CANADA: Liberals Set to Unveil Plan to Court Veteran Vote --------------------------------------------------------- Murray Brewster, writing for CBC News, reported that Justin Trudeau's Liberals are promising to restore a system of lifetime pensions for injured veterans, if elected on Oct. 19. The pledge is part of a comprehensive pitch to woo disgruntled ex- soldiers, whom the Conservatives have long considered their natural constituency. Trudeau will deliver the promise at an event in a southern Ontario riding that includes the country's largest and busiest military air base, CFB Trenton. The proposals give advocates, including the veterans ombudsman, everything they've been demanding. The treatment of ex-soldiers has been a political lightning rod for the Conservatives and the perceived mishandling of the files, along with nasty public exchanges, contributed to the demotion of Julian Fantino out of the veterans portfolio in January. Trudeau, during the first English language leaders debate earlier, accused the Conservatives of "nickel and diming" Canada's veterans when they return from deployment. "This government, which likes to wrap itself in the flag, is actually not caring for those people who have fought, injured themselves and, in many cases, died," he charged. The switch from lifetime pensions to a series of lump sum payments under the new veterans charter, which was conceived under Paul Martin's Liberals in 2005, is one of the biggest complaints among wounded soldiers. It has been at the heart of a class-action lawsuit launched by Afghan veterans, who say the old Pension Act system was more generous to Second World War and Korean soldiers than it those who served in recent years. The Liberal platform plank, obtained by The Canadian Press, offers the wounded a choice of either lump sum or pensions-for-life. They promise to re-instate the option during the current fiscal year. The proposal also offers to pump millions of dollars into further improving compensation and care. Plan to increase Earnings Loss Benefit The Liberals say will invest $25 million to expand access to the Permanent Impairment Allowance, which is given to the most seriously wounded and has been the subject of criticism by the veterans ombudsman, who has said eligibility criteria was too strict. Guy Parent found, in a 2014 study, that nearly half of the country's most severely disabled ex-soldiers were not receiving the allowance intended to compensate them for their physical and mental wounds. The Liberals also promise to invest $40 million to increase the Earnings Loss Benefit to 90 per cent of a soldier's pre-release salary, and index it to the cost of living. Right now, the benefit is set at 75 per cent -- something Parent has also complained about. There is a pledge to invest $80 million per year to create a new Veterans Education Benefit that provides full support for the cost of up to four years of college, university, or technical education for veterans after completion of service. Another $100 million per year would go toward expanded support for the families of veterans, including education, counselling, and training for families who are providing care and support for veterans. That might satisfy critics such as Jenny Migneault, who chased Fantino down a hall in Ottawa trying to get him to commit to improving caregiver services. The Liberals are also promising to reopen nine regional veterans affairs closed by the Conservatives and to hire an additional 400 staff to process claims. The Harper Conservatives have faced unrelenting criticism from the veterans community and responded earlier with a series of initiatives, including a family caregiver's benefit and a one-time $70,000 lump sum payout to injured soldiers. CHEVRON CORP: Canadian Court Allows Ecuadorians to Pursue Suit -------------------------------------------------------------- Fuel Fix reported that a group of Ecuadorian villagers can proceed in Canada with their class action lawsuit against Chevron Corp. over environmental contamination in the rain forest, the country's top court ruled. The Supreme Court of Canada said in a unanimous decision that the company can be pursued in the country for its alleged actions in Ecuador, in a case that's spanned more than two decades. Canadian courts take a "generous and liberal approach to the recognition and enforcement of foreign judgments," Justice Clement Gascon wrote in the decision.The ruling on jurisdiction does not mean the villagers will be awarded Canadian assets, only that the case can proceed and be argued by both sides, the court ruled. CHRISTENSEN FINANCIAL: Sued Over Failure to Pay Overtime Wages -------------------------------------------------------------- Theresa Rossero, on behalf of herself and those similarly situated v. Christensen Financial, Inc., Case No. 6:15-cv-01500-RBD-KRS (M.D. Fla., September 14, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. Christensen Financial, Inc. operates in interstate commerce by offering mortgage products in Florida. The Plaintiff is represented by: Carlos V. Leach, Esq. MORGAN & MORGAN, P.A. 20 N. Orange Ave., 14th Floor Orlando, FL 32802-4979 Telephone: (407) 420-1414 Facsimile: (407) 420-5956 E-mail: CLeach@forthepeople.com CONAIR CORPORATION: Court Rejects Bid to Reconsider Order --------------------------------------------------------- In the case, DELIA WILSON, on Behalf of Herself and All Others Similarly Situated, Plaintiff, v. CONAIR CORPORATION, Defendant, CIV. NO. 1:14-00894 WBS SAB (E.D. Cal.), Magistrate Judge Boone on August 17, 2015, denied plaintiff's motion to compel production of numerous curling irons in defendant's possession for destructive testing. Judge Boone explained that, because the testing addresses the merits of the action and not class certification, defendant should not be compelled to produce the curling irons unless and until plaintiff prevails on her motion for class certification. In a Sept. 15 Order available at http://is.gd/kzCjC9from Leagle.com, District Judge William B. Shubb denied plaintiff's motion for reconsideration of the August 17, 2015 Order denying her motion to compel. Not only is the decision not "clearly erroneous," it makes a lot of sense, Judge Shubb said. Delia Wilson, Plaintiff, represented by Katherine J. Odenbreit, Odenbreit Law, APC, Leslie Eileen Hurst, Blood, Hurst & O'Reardon, LLP, Thomas J. O'Reardon, II, Blood Hurst & O'Reardon & Timothy G. Blood, Blood Hurst & O'Reardon LLP. Conair Corporation, Defendant, represented by Ryan Donald Saba -- rsaba@rosensaba.com -- Rosen Saba. CONFORMIS INC: November 2 Lead Plaintiff Bid Deadline ----------------------------------------------------- The following statement is being issued by Levi & Korsinsky, LLP: To: All persons or entities who purchased or otherwise acquired securities of ConforMIS Inc. ("ConforMIS") (NASDAQ:CFMS) pursuant and/or traceable to the Company's Registration Statement and Prospectus issued in connection with the Company's Initial Public Offering, or between July 1, 2015 and August 28, 2015. You are hereby notified that a securities class action lawsuit has been commenced in the USDC for the District of Massachusetts. If you purchased or otherwise acquired ConforMIS securities pursuant to the IPO or between July 1, 2015 and August 28, 2015, your rights may be affected by this action. To get more information go to http://zlk.9nl.com/conformis-cfmsor contact Joseph E. Levi, Esq. either via email at jlevi@zlk.com or by telephone at (212) 363-7500, toll-free: (877) 363-5972. There is no cost or obligation to you. The Complaint alleges that throughout the Class Period, defendants made false and/or misleading statements and/or failed to disclose that: (i) the Company's manufacturing processes were flawed; (ii) that as a result of the flaws in the Company's manufacturing process, a number of the Company's knee replacement product systems were defective; and (iii) as a result of the foregoing, ConforMIS's public statements were materially false and misleading at all relevant times. On August 31, 2015 the Company announced that it had initiated a voluntary recall of specific serial numbers of patient-specific instrumentation for certain of its knee replacement product systems, in response to complaints of moisture on the patient- specific instrumentation. On this news, the Company's stock dropped $3.78, or 19.11%, to close at $16.00 on August 31, 2015. If you suffered a loss in ConforMIS you have until November 2, 2015 to request that the Court appoint you as lead plaintiff. Your ability to share in any recovery doesn't require that you serve as a lead plaintiff. Levi & Korsinsky is a national firm with offices in New York, New Jersey, Connecticut and Washington D.C. The firm's attorneys have extensive expertise in prosecuting securities litigation involving financial fraud, representing investors throughout the nation in securities and shareholder lawsuits. Attorney advertising. Prior results do not guarantee similar outcomes. Joseph E. Levi, Esq. Levi & Korsinsky, LLP 30 Broad St., 24th FL New York, NY 10004 Toll free. 877-363-5972 T. 212-363-7500 F. 212-363-7171 jlevi@zlk.com CYNTHIA ELLIOTT: Sued by Teachers for Using "F" Word ---------------------------------------------------- WHEC.com reported that the Teachers Association has filed a class- action grievance against Commissioner Cynthia Elliott. Elliott is accused of addressing a group of brand new teachers, in a professional development meeting, in a harassing and intimidating way, even going so far as to allegedly using the "F" word. "She walked into school No.8, began spewing out vulgarities, began using the f-word . . . And threatening the teachers," said Dave Wurz, RCSD Labor Relations Specialist. Dave Wurz is a labor relations specialist with the Rochester City School District. He is describing what teachers told him about a recent visit at school No.8 by school board member Cynthia Elliott. He says Elliott's behavior shocked and appalled the teachers. "She was harassing, she was verbally intimidating . . . And she said things like if you don't f---ing like what we're doing or want to do this and that for parents then you need to f---ing get out of here. Things of that nature," said Wurz. Wurz says Elliott was referring to a case involving another employee who has filed a lawsuit against the district. That employee says she was cursed at and assaulted by a parent. "I used the word . . . I was using the word in the context of the situation that was reported on another television program with regards to how you have to treat urban parents and urban children," said Elliott. Elliott says she let the teachers know that in an urban district, they may have to contend with language and behavior that's unacceptable. She says she's not condoning it, however, she wants teachers to be prepared and decide now if this is not the place for them. "We don't have the time in the RCSD for this kind of nonsense and these kinds of lies. Because when I said it I did not say it to the teachers, but in context of what we have to do in order to assure that the students and the parents in this school district are successful," said Elliott. Wurz says Elliott should be removed from her position. Elliott says she is willing to meet with the teachers at any time to discuss the issue and questions why they chose to resolve it in the media. DOLLAR TREE: Parties Agree to Dismiss "Frizzell" Case ----------------------------------------------------- District Judge Kimberly J. Mueller approved a stipulation dismissing the case, MARK FRIZZELL, Plaintiff, v. DOLLAR TREE STORES, INC., Defendant, NO. 2:15-CV-00407-KJM-CKD (E.D. Cal.). All claims, excluding the complaint's fifth claim, are dismissed with prejudice. The fifth claim, for violation of California Labor Code Section 2698 et seq., is dismissed with prejudice for (1) all plaintiff Mark Frizzell's individual claims under Labor Code Section 2698 et seq., and (2) all of Frizzell's rights under Labor Code Section 2698 et seq. to represent any other putative aggrieved employees. A copy of the Court's September 15, 2015 Order is available at http://is.gd/Gg3AXDfrom Leagle.com. Mark Frizzell, Plaintiff, represented by Kenneth Yoon, Law Offices Of Kenneth H. Yoon & Stephanie E Yasuda, Law Offices of Kenneth Yoon. Dollar Tree Stores, Inc., Defendant, represented by Aleksandr Katsnelson, Littler Mendelson, P.C., Jeffrey J. Mann, Littler Mendelson, P.c. & Lindbergh Porter, Jr., Littler Mendelson. EAST COAST: "Khan" Suit Seeks to Recover Unpaid Overtime Wages -------------------------------------------------------------- Shahzard Khan, on behalf of himself and all others similarly situated v. East Coast Critical, LLC, et al., Case No. 15-2761D (D. Mass., September 14, 2014), seeks to recover unpaid overtime wages and damages pursuant to the Massachusetts Wage Act. East Coast Critical, LLC owns and operates a home healthcare Logistics Company located at 89 Sigourney Street in Revere, Massachusetts. The Plaintiff is represented by: Stephen Churchill, Esq. Hillary Schwab, Esq. Brant Casavant, Esq. FAIR WORK P.C. 192 South Street, Suite 450 Boston, MA 02111 Telephone: (617) 607-3260 Facsimile: (617) 488- 2261 E-mail: steve@fairworklaw.com hillary@fairworklaw.com brant@fairworklaw.com ELI LILLY: Faces Suit in Pa. Alleging Cymbalta-Related Injuries --------------------------------------------------------------- Veronica lister v. Eli Lilly and Company, an Indiana corporation, Case No. 2:15-cv-04216-CDJ (E.D. Pa., July 30, 2015) alleges personal injuries and damages the Plaintiff suffered as a result of Lilly's failure to adequately warn physicians and consumers about the nature, frequency, severity, and duration of symptoms associated with discontinuation of Cymbalta. Cymbalta (generically known as duloxetine) is a prescription antidepressant manufactured, marketed and sold by Lilly. Eli Lilly and Company is an Indiana corporation with its headquarters in Indianapolis, Indiana. Lilly is a pharmaceutical company involved in the research, development, testing, manufacture, production, promotion, distribution, marketing, and sale of numerous pharmaceutical products, including Cymbalta. The Plaintiff is represented by: Harris L. Pogust, Esq. Derek T. Braslow, Esq. T. Matthew Leckman, Esq. POGUST BRASLOW & MILLROOD, LLC Eight Tower Bridge, Suite 940 161 Washington Street Conshohocken, PA 19428 Telephone: (610) 941-4204 Facsimile: (610) 941-4245 E-mail: hpogust@pbmattorneys.com mleckman@pbmattorneys.com dbraslow@pbmattorneys.com EUREKA NAILS: "Aguaysa" Suit Seeks to Recover Unpaid OT Wages ------------------------------------------------------------- Maria Aguaysa v. Eureka Nails & Spa Corp. d/b/a Eureka Nail And Spa. and Eun Mi Lee, Case No. 1:15-cv-05284 (E.D.N.Y., September 14, 2014), seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standard Act. The Defendants own and operate a spa in Newtown, Connecticut. The Plaintiff is represented by: Jacob Aronauer, Esq. THE LAW OFFICES OF JACOB ARONAUER 225 Broadway, Suite 307 New York, NY 100017 Telephone: (212) 323-6980 E-mail: jaronauer@aronauerlaw.com EXTERIOR WALLS: Fails to Pay Employees OT, "Hernandez" Suit Says ---------------------------------------------------------------- Ramon Hernandez, on behalf of himself and other persons similarly situated v. Exterior Walls, Inc., Carlos Moreno and Ivan Moreno, Case No. 2:15-cv-04392 (E.D. Lo., September 14, 2015), is brought against the Defendants for failure to pay overtime wages for work in excess of 40 hours a workweek. The Defendants are in the business of installing light gage metal framing, drywall, masonry and stucco for commercial and residential projects in various states, including California, Texas, Florida and Louisiana. The Plaintiff is represented by: Roberto Luis Costales, Esq. 3801 Canal Street, Suite 207 New Orleans, LA 70119 Telephone: (504) 914-1048 Facsimile: (504) 272-2956 E-mail: costaleslawoffice@gmail.com - and - William H. Beaumont, Esq. 3801 Canal Street, Suite 207 New Orleans, LA 70119 Telephone: (504) 483-8008 E-mail: whbeaumont@gmail.com FMR CORP: Accused of Racial Discrimination in E.D. Michigan ----------------------------------------------------------- Michael Rollins v. FMR Corp d/b/a Fidelity Brokerage Services, LLC, Case No. 2:15-cv-12681-NGE-MKM (E.D. Mich., July 30, 2015) alleges that the Plaintiff was terminated from employment with the Defendant on the basis of illegal race discrimination. Mr. Rollins is a resident of Farmington Hills, Oakland County, Michigan. He is an African American male and he has worked for the Defendant since 2005, after his graduation from the University of Michigan. Fidelity Brokerage Services, LLC is a division of FMR Corporation. The Company is an international company providing various financial services, and is headquartered in Smithfield, Rhode Island. The Plaintiff is represented by: Nicholas Roumel, Esq. NACHT, ROUMEL & SALVATORE, P.C. 101 N. Main Street, Suite 555 Ann Arbor, MI 48104 Telephone: (734) 663-7550 Facsimile: (734) 663-7592 E-mail: nroumel@nachtlaw.com GENERAL MOTORS: Faces "Hinds" Suit Over Defective Ignition Switch ----------------------------------------------------------------- Roseann Hinds and Joseph Sylvester v. General Motors LLC, Delphi Automotive PLC, and DPH-DAS LLC F/K/A Delphi Automotive Systems, LLC, Case No. 1:15-cv-07224 (S.D.N.Y., September 14, 2015), arises out of the Defendants' egregious and ongoing failure to disclose and affirmative concealment of a known ignition switch defect in 2008 Chevrolet Cobalt vehicles. General Motors LLC is in the business of designing, manufacturing, constructing, assembling, marketing, warranting, distributing, selling, leasing, and servicing automobiles. Delphi Automotive PLC is headquartered in Gillingham, Kent, United Kingdom, and is the parent company of Delphi Automotive Systems LLC, headquartered in Troy, Michigan. Delphi through its various entities, designed, manufactured, and supplied GM with motor vehicle components. The Plaintiff is represented by: Matthew R. McCarley FEARS NACHAWATI, PLLC 4925 Greenville Avenue, Suite 715 Dallas, TX 75206 Telephone: (214) 890-0711 Facsimile: (214) 890-0712 E-mail: mccarley@fnlawfirm.com GENERAL MOTORS: Faces Suit Over Premature Deployment of Airbag -------------------------------------------------------------- Susan E. Hammatt, individually, Susan E. Hammatt, as Conservator of Christopher S. Hammatt, and Christopher S. Hammatt as Conservatee, Christopher S. Hammatt, individually v. General Motors Company, a Delaware Company, General Motors, LLC, Chevrolet Division of General Motors d/b/a Chevrolet, Jimmie Johnson Kearny Mesa Chevrolet, Select Automotive Holdings, Inc., Hendrick Co Automotive, LLC, Autoliv, Inc., Delphi Automotive Systems, LLC, Delphi Corporation, and Does 1 through 50, inclusive, Case No. 5:15-cv-01559 (C.D. Cal., August 3, 2015) arises from alleged premature airbag deployment. The complaint is for damages alleging 14 causes of action against the Defendants for their alleged involvement and violations of various statutes in the manufacture, marketing, sale, repair and fraudulent concealment of known defects to the 2014 Chevrolet Cruze. The Plaintiffs allege that the Defendants are responsible for several defects in the Vehicle, including Safety Systems, Airbags, Ground Faults and Ignition Failures. The defects caused injury to the Plaintiffs when the Vehicle had catastrophic system failures causing it to malfunction prematurely deploying the "side curtain" airbags. General Motors LLC is a Delaware limited liability company with its principal place of business located in Detroit, Michigan. New GM assumed all trade secrets, responsibilities and designs from Old GM after 2009. The Plaintiffs are represented by: Joseph M. Hoats, Esq. LAW OFFICES OF JOSEPH M. HOATS 12672 Limonite Avenue, Suite 3E #345 Corona, CA 92880 Telephone: (310) 920-5806 Facsimile: (626) 529-0834 E-mail: josephhoats.hoatslaw@gmail.com GRUBHUB INC: Court Remands "Mitchell" Class Suit ------------------------------------------------ District Judge Beverly Reid O'Connell of the United States District Court for Central District of California granted Plaintiff's Motion to Remand in the case captioned, HAKIMA MITCHELL, v. GRUBHUB INC, Case No. CV 15-05465-BRO(ASX). Defendant provides food delivery services through an online platform. Plaintiff began working for Defendant on or around December 2014, and continues to work for Defendant as a Delivery Service Provider (DSP), delivering food to diners who place orders with restaurants via Defendant's online platform. Plaintiff brings the representative action under PAGA on behalf of "aggrieved employees," including "Plaintiff and all other persons who worked, or will work, for Defendant as DSPs in the State of California during the one-year period before the filing of this action to the date of final judgment." Plaintiff alleges that Defendant is liable for civil penalties as a result of: (1) willfully misclassifying Plaintiff and other DSPs as independent contractors in violation of California Labor Code Sections 226.8(a)(1), 3357; (2) failing to pay Plaintiff and other DSPs minimum and overtime wages for all hours worked in violation of California Labor Code Sections 351, 510, 1194, 1198; (3) failing to provide Plaintiff and other DSPs with meal and rest periods in violation of California Labor Code Sections 226.7, 512, 1198; (4) failing to provide Plaintiff and other DSPs with accurate written wage statements in violation of California Labor Code Sec. 226(a); (5) failing to provide Plaintiff and other DSPs earned wages in violation of California Labor Code Sections 201-204; and (6) failing to indemnify Plaintiff and other DSPs for expenses they have incurred in direct consequence of performing their job duties in violation of California Labor Code Sec. 2802. Defendant removed the matter July 17, 2015, claiming that the Court has original jurisdiction pursuant to 28 U.S.C. Sec. 1332, because the matter is an action between citizens of different states and the amount in controversy exceeds $75,000. In the motion, Plaintiff moved to remand the case for lack of subject matter jurisdiction under 28 U.S.C. Sec. 1332(a). In her Order dated August 28, 2015 available at http://is.gd/xq9mKrfrom Leagle.com, Judge O'Connell found that GrubHub did not satisfy the amount in controversy requirement to establish diversity jurisdiction to remanded the case to the Los Angeles County Superior Court. Hakima Mitchell is represented by David Pourati, Esq. -- david@pourati.com -- LAW OFFICES OF DAVID POURATI APC - and - Louis Max Benowitz, Esq. LAW OFFICES OF LOUIS BENOWITZ 9454 Wilshire Boulevard, Penthouse Beverly Hills, CA 90212 Tel: (800)533-2392 Grubhub, Inc. is represented by John C. Fish, Jr., Esq. -- jfish@littler.com -- Roxanna Iran, Esq. -- riran@littler.com & Andrew M. Spurchise, Esq. -- aspurchise@littler.com -- LITTLER MENDELSON PC HINSDALE NURSERIES: Faces "Campos" Suit Over Failure to Pay OT -------------------------------------------------------------- Carlos Campos, on behalf of himself and all other similarly situated persons, known and unknown v. Hinsdale Nurseries, Inc., and James J. Cirrincione, Case No. 1:15-cv-08083 (N.D. Ill., September 14, 2015), is brought against the Defendants for failure to pay overtime wages for hours worked in excess of 40 hours in a week. The Defendants own and operate a plant nursery in Illinois. The Plaintiff is represented by: Raisa Alicea, Esq. CONSUMER LAW GROUP, LLC 6232 N. Pulaski, Suite 200 Chicago, IL 60646 Telephone: (312) 800-1017 E-mail: ralicea@yourclg.com HMM PALLETS: Faces "Marquez" Suit Over Failure to Pay Overtime -------------------------------------------------------------- Ignacio Marquez, individually and on behalf of other employees similarly situated v. H.M.M. Pallets, Inc. and Hector M. Munoz, Case No. 1:15-cv-08064 (N.D. Ill., September 14, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. H.M.M. Pallets, Inc. is a pallet builder and repairer doing business within the State of Illinois. The Plaintiff is represented by: David E. Stevens, Esq. CONSUMER LAW GROUP, LLC 6232 N. Pulaski, Suite 200 Chicago, IL 60646 Telephone: (312) 307-0766 Telephone: dstevens@yourclg.com INVACARE CORP: Court Denies Motion to Dismiss "Murray" Case ----------------------------------------------------------- District Judge Donald C. Nugent of the United States District for Northern District of Ohio denied Defendants' motion to dismiss Plaintiffs' Second Amended Complaint pursuant to Fed. R. Civ. 12(b)(6) in the case captioned, NANCY MURRAY, on behalf of herself and all others similarly situated, Plaintiffs, v. INVACARE CORP., et al., Defendants, Case No. 1:13 CV 1882. Plaintiff Nancy Murray brought a proposed class action on behalf of herself and all others similarly situated, against Defendants as fiduciaries of Invacare's Retirement Savings Plan (the Plan) pursuant to Sections 409 and 502 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. Sections 1109 and 1132. The class proposed by Plaintiff consists of participants and beneficiaries of the Plan during the period from July 22, 2010 to the present. In Count I of the Second Amended Complaint (SAC), Plaintiff alleges that Defendants breached their fiduciary duties of prudence and loyalty under ERISA when they allowed plan participants to acquire more shares of Invacare stock at a time when Defendants knew Invacare stock was an imprudent investment. Counts II and III assert claims of failure to monitor co- fiduciaries and knowing participation in co-fiduciaries' breaches. In the motion, Defendants argued that under the pleading standards established in Fifth Third Bancorp v. Dudenhoeffer, 134 S.Ct. 2459 (2014), Count I of the SAC failed to state a Twombly-viable claim that fiduciaries of Invacare's Retirement Savings Plan breached their fiduciary duties of prudence and loyalty by allowing participants to invest their individual Plan accounts in publicly- traded Invacare stock and that the Court may dismiss Count I for the additional or alternative reason that Plaintiff fails to adequately plead loss causation under the loss causation standard of Dura Pharmaceuticals, Inc. v. Broudo, 554 U.S. 336 (2005). Defendants asserted that Plaintiff's monitoring and cofiduciary breach claims (Counts II and III) are wholly derivative of her defective prudence and loyalty claims in Count I. Thus, if the Court dismisses Count I, the derivative monitoring and co- fiduciary breach claims fail as well. In his Memorandum Opinion and Order dated August 28, 2015 available at http://is.gd/HDtNgwfrom Leagle.com, Judge Nugent found that Plaintiff has sufficiently alleged loss causation under Dura Pharmaceuticals. Nancy Murray is represented by Robert I. Harwood, Esq. -- rharwood@hfesq.com -- Peter W. Overs, Jr., Esq. -- povers@hfesq.com -- HARWOOD FEFFER & Timothy L. McGarry, Esq. -- tmcgarry@hendersonschmidlin.com -- HENDERSON & SCHMIDLIN Defendants are represented by Charles C. Jackson, Esq. -- charles.jackson@morganlewis.com -- Deborah S. Davidson, Esq. -- ddavidson@morganlewis.com, Emily A. Glunz, Esq. -- eglunz@morganlewis.com -- MORGAN, LEWIS & BOCKIUS, David T. Bules, Esq. -- dbules@calfee.com -- Mitchell G. Blair, Esq. -- mblair@calfee.com -- CALFEE, HALTER & GRISWOLD INVESTOR INCOME: Faces "He" Suit Over False Advertisements ---------------------------------------------------------- Rui He and Xiaoguang Zheng, on behalf of themselves and all others similarly situated v. Davor Rom, Investor Income Properties LLC, and IIP Ohio, LLC, Case No. 1:15-cv-01869-JG (N.D. Ohio, September 12, 2015), is brought on behalf of all person who purchased real estate from the Defendants who suffered injury or unjust loss as a result of the Defendant's false representation and advertisements that the real estate they offered are profitable investments. The Defendants are in the business of selling properties located in Ohio to investors and providing leaseback management services for "hands free" investments. The Plaintiff is represented by: Lei Jiang, Esq. LEI JIANG LLC 26943 Westwood Rd. Westlake, OH 44145 Telephone: (440)835-2271 Facsimile: (440)835-2817 E-mail: ljiang@LeiJiangLaw.com JOHN L. SULLIVAN: Accused of Wrongful Conduct Over Vehicle Price ---------------------------------------------------------------- Salvador Cruz, an individual and on behalf of himself and all others similarly situated v. John L. Sullivan Enterprises, Inc., d/b/a Livermore Toyota and Does 1 through 500, Case No. RG15785596 (D. Cal., September 14, 2015), seeks to put an end on the Defendant's practice of selling vehicles for more than the advertised price. John L. Sullivan Enterprises, Inc. is engaged in the business of buying, repairing and re-selling used vehicles to the general public, and taking vehicles in trade. The Plaintiff is represented by: Louis Liberty, Esq. Alexander A. Guillen, Esq. LIBERTY, OTTO & GUILLEN, APC 3 553 Pilgrim Drive, Suite A-1 Foster City, CA 94404 Telephone: (650) 341~0300 Facsimile: (650) 341-0302 E-mail: info@carlawyer.com KING OSCAR: Named as One of 'Big Three' Price Fixing Cartels ------------------------------------------------------------ Tom Seaman, writing for Under Current News, reported that the third class action lawsuit alleging a price fixing cartel in the US adds the name of King Oscar to the market's "big three", Bumble Bee Foods, Starkist and Tri-Union Seafoods, which operates as Chicken of the Sea. The lawsuit, filed Aug. 20 from Texas-based distributor Affiliated Foods, comes after filings from San Jose, California-based Pitco Foods and York-based Olean Wholesale Grocery Cooperative. Starkist, owned by South Korea's Dongwon Industries, Tri-Union and Bumble Bee are mentioned as operating the alleged cartel in both other lawsuits, but King Oscar is not named specifically. King Oscar was bought by Thai Union Frozen Products, which owns Tri-Union/Chicken of the Sea and is also attempting to buy Bumble Bee from Lion Capital. King Oscar, which is based in Norway and has a large plant in Poland, is a strong brand in sardines. "By early 2000, growth in the packaged seafood industry had slowed, and the prospects for growth were dim," states the complaint from Affiliated Foods. "Beginning at least as early as January 2000, in an effort to combat the prospect of diminishing profits, the defendants and their co- conspirators conspired to raise, fix, stabilize, or maintain prices, allocate customers, and restrict capacity in the market for packaged seafood sold in the United States," the document states. "As a direct and proximate result of defendants' cartel activities," Affiliated Foods was overcharged for packaged seafood, it is alleged. The lawsuits come amidst a US Department of Justice anti-trust investigation into the US packed seafood sector, revealed by Thai Union Frozen Products, which owns Tri-Union. The latter confirmed the investigation in late July, following speculation that the company faced a tough anti-trust review in its plans to acquire Bumble Bee. As a result of the DOJ probe, the company decided to suspend the share offering intended to finance the acquisition of Bumble Bee. KMDG LLC: Settlement Approved in "Lopez" FLSA Class Suit -------------------------------------------------------- District Judge Rudolph T. Randa approved a settlement agreement reached in the case, MANUEL LOPEZ, Individually and on behalf of those similarly situated, Plaintiffs, v. KMDG LLC, d/b/a The Branded Steer Wood Grill Rotisserie & Saloon, and DENNIS GIANNOPOULOS, Defendants, CASE NO. 14-C-281 (E.D. Wis.). This putative class action, brought to recover unpaid overtime wages under the Fair Labor Standards Act ("FLSA") and Wisconsin's wage and hour laws, is before the Court on an amended joint stipulation seeking approval of a settlement agreement between "Plaintiff Manuel Lopez and those individuals who have opted into this action, Jesus Flores, Homero Lopez, Antonio Aquino, Noe Guitron, Ever Lopez, Pedro Lopez, and Jose Rodriguez . . . and Defendants KMDG LLC, d/b/a The Branded Steer Wood Grill Rotisserie & Saloon and Dennis Giannopoulos." The amended stipulation corrects typographical errors. It is accompanied by the parties' joint response to questions that the Court raised after reviewing the original stipulation. The parties' stipulation requests that all scheduled dates in this matter be removed from the Court's calendar, but this case has no remaining court dates or deadlines. Therefore that request is denied as moot. Furthermore, no later than June 15, 2016, Plaintiffs' counsel must file a) a motion with the Court to dismiss this matter with prejudice, or b) a stipulated judgment for $353,873.42. A copy of the Court's Sept. 15 Decision and Order is available at http://is.gd/jIIjjrfrom Leagle.com. Manuel Lopez, Plaintiff, represented by B Michele Sumara, Hawks Quindel SC, Larry A Johnson, Hawks Quindel SC & Summer H Murshid, Hawks Quindel SC. KMDG LLC, Defendant, represented by Michael J Widmann, Widmann Law Office Ltd, Paul R Erickson, Gutglass Erickson Bonville & Larson SC & Stacie H Rosenzweig, Halling & Cayo SC. Dennis Giannopoulos, Defendant, represented by Michael J Widmann, Widmann Law Office Ltd, Paul R Erickson, Gutglass Erickson Bonville & Larson SC & Stacie H Rosenzweig, Halling & Cayo SC. LEIDOS INC: Court Dismissed "Fernandez" Suit with Leave to Amend ---------------------------------------------------------------- Senior District Judge Garland E. Burrell, Jr. of the United States District Court for Eastern District of California granted Defendant's motion to dismiss in the case captioned, MARTIN FERNANDEZ on Behalf of Himself and All Others Similarly Situated, Plaintiff, v. LEIDOS, INC., Defendant, Case Nos. 2:14-CV-02247- GEB-KJN. Plaintiff filed a putative class action against the Defendant alleging that Defendant failed to properly safeguard and protect Plaintiff's and putative Class Members' personally identifiable information (PII) and private health information (PHI), and publicly disclos[ed] their PII/PHI without authorization (the Data Breach), in violation of the California Confidentiality of Medical Information Act (CMIA), California Unfair Competition Law and California common law. Plaintiff and putative Class Members are current and former United States military servicemen, servicewomen, and the family members of these servicemen and women. On September 12, 2011, Plaintiff's and [putative] Class Members' PII/PHI . . . . was contained on backup data tapes transported in an unsecure manner by [Defendant's] newly hired, low-level employee in his personal vehicle. A thief or thieves broke into the Defendant's employee's vehicle, which had no special protections for the information, and took the backup data tapes, thereby gaining information worth millions of dollars, which the thief or thieves subsequently sold, transferred, opened, read, mined, and otherwise used without Plaintiff's and putative Class Members' authorization. In the motion, Defendant argued that Plaintiff failed to state a claim because Defendant is not the type of health-care entity covered by the CMIA and that Plaintiff's actual injury allegations are insufficient to sustain his burden of establishing Article III standing. In the Order dated August 27, 2015 available at http://is.gd/20uiMKfrom Leagle.com, Judge Burrell, Jr. concluded that Plaintiff has not alleged facts from which a plausible inference could be drawn that Defendant is an entity governed by CMIA. All of Plaintiff's claims are dismissed under Rule 12(b)(1), except for Plaintiff's CMIA claim, which is dismissed under Rule 12(b)(6). Plaintiff, however, was granted leave to file an amended complaint addressing the referenced deficiencies in his Complaint. Martin Fernandez is represented by Timothy G. Blood, Esq. -- tblood@bholaw.com -- BLOOD HURST & O'REARDON LLP & Richard L. Coffman, Esq. -- rcoffman@coffmanlawfirm.com -- THE COFFMAN LAW FIRM Leidos, Inc. is represented by Kenneth Lee Chernof, Esq. -- Kenneth.Chernof@aporter.com -- Sharon Mayo, Esq. -- Sharon.Mayo@aporter.com -- ARNOLD & PORTER LLP LERETA LLC: "Brooks" Suit Seeks to Recover Unpaid Overtime Wages ---------------------------------------------------------------- Shelia Brooks, individually and on behalf of other members of the general public similarly situated v. Lereta, LLC, an unknown business entity and Does 1 through 100, Case No. BC594511 (D. Cal., September 14, 2015), seeks to recover unpaid overtime wages and damages pursuant to the California Labor Code. Lereta, LLC owns and operates a real estate company doing business throughout the State of California. The Plaintiff is represented by: Edwin Aiwazian, Esq. LAWYERS FOR JUSTICE, PC 410 West Arden Avenue, Suite 203 Glendale, CA 91203 Telephone: (818) 265-1020 Facsimile: (818) 265-1021 E-mail: lfj@lfjpc.com LORILLARD TOBACCO: Court Dismissed "Henry" Smoking Suit ------------------------------------------------------- District Judge Robert L. Hinkle dismissed the case, JONATHAN HENRY, Plaintiff, v. LORILLARD TOBACCO CORP., Defendant, CASE NO. 4:14CV511-RH/CAS (N.D. Fla.). "The complaint is dismissed without prejudice for failure to comply with a court order," Judge Hinkle said. "The clerk must close the file." Jonathan Henry, a prisoner in the Florida Department of Corrections, asserts he suffers diseases caused by smoking cigarettes manufactured by the defendant Lorillard Tobacco Corporation. Lorillard has moved to dismiss on several grounds. Mr. Henry has not responded to the motion to dismiss as required by both the local rules and the magistrate judge's explicit order directing him to respond. The deadline for responding has long passed. A magistrate judge's report and recommendation concludes that the case should be dismissed. No objections have been filed. A copy of the Court's September 12, 2015 Order is available at http://is.gd/fxp3mNfrom Leagle.com. JONATHAN HENRY, Plaintiff, Pro Se. LORILLARD TOBACCO COMPANY, Defendant, represented by TINA MARIE SCHAEFER -- tina.schaefer@hugheshubbard.com -- HUGHES HUBBARD & REED. MARITIME ASSOCIATION: Sued Over Alleged Breach of Fiduciary Duty ---------------------------------------------------------------- Anthony C. Hampton, Edward J. Richards, and Ricky Henderson v. Maritime Association- I.L.A. Pension, Retirement, Welfare and Vacation Funds, Case No. 3:15-cv-00247 (S.D. Tex., September 14, 2015), asserts cause of action for the Defendant's alleged breach of fiduciary duty to and failure to act in the best interest of the Plan Participants and other similarly situated ILA 24 beneficiaries and members of the Plan. Maritime Association- I.L.A. Pension, Retirement, Welfare and Vacation Funds operates an employee benefits plan doing business in the Southern District of Texas at 11550 Fuqua, Suite 425, Houston, Texas 77034-4306. The Plaintiff is represented by: Reginald McKamie Sr., Esq. 1210 Antoine Drive Houston, TX 77055 Telephone: (713) 465-2889 Facsimile: (713) 465-2894 E-mail: mckamie@mckamie.com MASSACHUSETTS BAY: Sued in Mass. For Charging Personal Files Fee ---------------------------------------------------------------- Jeanne Williams, on behalf of herself and all others similarly situated v. Massachusetts Bay Transportation Authority, Case No. 15-278HB (D. Mass., September 14), seeks redress for the Defendant's unlawful practice of charging current and former employees a fee to obtain their personal files. Massachusetts Bay Transportation Authority is an operator of bus, subway, commuter rail, and ferry routes in the greater Boston, Massachusetts area. The Plaintiff is represented by: Matthew J. FogeLman, Esq. Danielle F. Jurena, Esq. FOGELMAN & FOGELMAN LLC 189 Wells Avenue Newton, MA 02459 Telephone: (617) 559-1530 E-mail: mjf@fogelmanlawfirm.com dfj@fogelmanlawfirm.com MAXIM HEALTHCARE: Faces "Bunch" Suit Over Failure to Pay Overtime ----------------------------------------------------------------- Sharon B. Bunch v. Maxim Healthcare Services, Inc., Case No. 1:15- cv-02704 (D. Md., September 14, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. Maxim Healthcare Services, Inc. is a Maryland corporation which provides in-home personal care, management and treatment of a variety of conditions by nurses, therapists, medical social workers, and home health aides. The Plaintiff is represented by: G. Tony Atwal, Esq. Timothy J. Becker, Esq. JOHNSON BECKER, PLLC 33 South Sixth Street, Suite 4530 Minneapolis, MN 55402 Telephone: (612) 436-1800 Facsimile: (612) 436-1801 E-mail: tatwal@johnsonbecker.com tbecker@johnsonbecker.com - and - Robert E. DeRose, Esq. Robi J. Baishnab, Esq. Joshua McInerney, Esq. BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP 250 E. Broad St., 10th Floor Columbus, OH 43215 Telephone: (614) 221-4221 Facsimile: (614) 744-2300 E-mail: bderose@barkanmeizlish.com rbaishnab@barkanmeizlish.com jmcinerney@barkanmeizlish.com - and - Jason J. Thompson, Esq. Neil B. Pioch, Esq. Jesse L. Young, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Telephone: (248) 355-0300 Facsimile: (248) 864-7840 E-mail: jthompson@sommerspc.com npioch@sommerspc.com jyoung@sommerspc.com - and - Carlos Leach, Esq. MORGAN & MORGAN, P.A. 20 North Orange Avenue, Suite 1400 Orlando, FL 32802 Telephone: (407) 420-1414 Facsimile: (407) 245-33414 E-mail: CLeach@forthepeople.com MAXIM HEALTHCARE: Faces "Covington" Suit Over Failure to Pay OT --------------------------------------------------------------- DeJuana Covington v. Maxim Healthcare Services, Inc., Case No. 1:15-cv-02709 (D. Md., September 14, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. Maxim Healthcare Services, Inc. is a Maryland corporation which provides in-home personal care, management and treatment of a variety of conditions by nurses, therapists, medical social workers, and home health aides. The Plaintiff is represented by: G. Tony Atwal, Esq. Timothy J. Becker, Esq. JOHNSON BECKER, PLLC 33 South Sixth Street, Suite 4530 Minneapolis, MN 55402 Telephone: (612) 436-1800 Facsimile: (612) 436-1801 E-mail: tatwal@johnsonbecker.com tbecker@johnsonbecker.com - and - Robert E. DeRose, Esq. Robi J. Baishnab, Esq. Joshua McInerney, Esq. BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP 250 E. Broad St., 10th Floor Columbus, OH 43215 Telephone: (614) 221-4221 Facsimile: (614) 744-2300 E-mail: bderose@barkanmeizlish.com rbaishnab@barkanmeizlish.com jmcinerney@barkanmeizlish.com - and - Jason J. Thompson, Esq. Neil B. Pioch, Esq. Jesse L. Young, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Telephone: (248) 355-0300 Facsimile: (248) 864-7840 E-mail: jthompson@sommerspc.com npioch@sommerspc.com jyoung@sommerspc.com - and - Carlos Leach, Esq. MORGAN & MORGAN, P.A. 20 North Orange Avenue, Suite 1400 Orlando, FL 32802 Telephone: (407) 420-1414 Facsimile: (407) 245-33414 E-mail: CLeach@forthepeople.com MAXIM HEALTHCARE: Faces "Davis" Suit Over Failure to Pay Overtime ----------------------------------------------------------------- Jeff Davis v. Maxim Healthcare Services, Inc., Case No. 1:15-cv- 02710 (D. MD., September 14, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. Maxim Healthcare Services, Inc. is a Maryland corporation which provides in-home personal care, management and treatment of a variety of conditions by nurses, therapists, medical social workers, and home health aides. The Plaintiff is represented by: G. Tony Atwal, Esq. Timothy J. Becker, Esq. JOHNSON BECKER, PLLC 33 South Sixth Street, Suite 4530 Minneapolis, MN 55402 Telephone: (612) 436-1800 Facsimile: (612) 436-1801 E-mail: tatwal@johnsonbecker.com tbecker@johnsonbecker.com - and - Robert E. DeRose, Esq. Robi J. Baishnab, Esq. Joshua McInerney, Esq. BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP 250 E. Broad St., 10th Floor Columbus, OH 43215 Telephone: (614) 221-4221 Facsimile: (614) 744-2300 E-mail: bderose@barkanmeizlish.com rbaishnab@barkanmeizlish.com jmcinerney@barkanmeizlish.com - and - Jason J. Thompson, Esq. Neil B. Pioch, Esq. Jesse L. Young, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Telephone: (248) 355-0300 Facsimile: (248) 864-7840 E-mail: jthompson@sommerspc.com npioch@sommerspc.com jyoung@sommerspc.com - and - Carlos Leach, Esq. MORGAN & MORGAN, P.A. 20 North Orange Avenue, Suite 1400 Orlando, FL 32802 Telephone: (407) 420-1414 Facsimile: (407) 245-33414 E-mail: CLeach@forthepeople.com MAXIM HEALTHCARE: Faces "Duvers" Suit Over Failure to Pay OT ------------------------------------------------------------ Jeannine Duvers v. Maxim Healthcare Services, Inc., Case No. 1:15- cv-02703 (D. MD., September 14, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. Maxim Healthcare Services, Inc. is a Maryland corporation which provides in-home personal care, management and treatment of a variety of conditions by nurses, therapists, medical social workers, and home health aides. The Plaintiff is represented by: G. Tony Atwal, Esq. Timothy J. Becker, Esq. JOHNSON BECKER, PLLC 33 South Sixth Street, Suite 4530 Minneapolis, MN 55402 Telephone: (612) 436-1800 Facsimile: (612) 436-1801 E-mail: tatwal@johnsonbecker.com tbecker@johnsonbecker.com - and - Robert E. DeRose, Esq. Robi J. Baishnab, Esq. Joshua McInerney, Esq. BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP 250 E. Broad St., 10th Floor Columbus, OH 43215 Telephone: (614) 221-4221 Facsimile: (614) 744-2300 E-mail: bderose@barkanmeizlish.com rbaishnab@barkanmeizlish.com jmcinerney@barkanmeizlish.com - and - Jason J. Thompson, Esq. Neil B. Pioch, Esq. Jesse L. Young, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Telephone: (248) 355-0300 Facsimile: (248) 864-7840 E-mail: jthompson@sommerspc.com npioch@sommerspc.com jyoung@sommerspc.com - and - Carlos Leach, Esq. MORGAN & MORGAN, P.A. 20 North Orange Avenue, Suite 1400 Orlando, FL 32802 Telephone: (407) 420-1414 Facsimile: (407) 245-33414 E-mail: CLeach@forthepeople.com MAXIM HEALTHCARE: Faces "Guilder" Suit Over Failure to Pay OT ------------------------------------------------------------- Tiffany Guilder v. Maxim Healthcare Services, Inc., Case No. 1:15- cv-02714 (D. MD., September 14, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. Maxim Healthcare Services, Inc. is a Maryland corporation which provides in-home personal care, management and treatment of a variety of conditions by nurses, therapists, medical social workers, and home health aides. The Plaintiff is represented by: G. Tony Atwal, Esq. Timothy J. Becker, Esq. JOHNSON BECKER, PLLC 33 South Sixth Street, Suite 4530 Minneapolis, MN 55402 Telephone: (612) 436-1800 Facsimile: (612) 436-1801 E-mail: tatwal@johnsonbecker.com tbecker@johnsonbecker.com - and - Robert E. DeRose, Esq. Robi J. Baishnab, Esq. Joshua McInerney, Esq. BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP 250 E. Broad St., 10th Floor Columbus, OH 43215 Telephone: (614) 221-4221 Facsimile: (614) 744-2300 E-mail: bderose@barkanmeizlish.com rbaishnab@barkanmeizlish.com jmcinerney@barkanmeizlish.com - and - Jason J. Thompson, Esq. Neil B. Pioch, Esq. Jesse L. Young, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Telephone: (248) 355-0300 Facsimile: (248) 864-7840 E-mail: jthompson@sommerspc.com npioch@sommerspc.com jyoung@sommerspc.com - and - Carlos Leach, Esq. MORGAN & MORGAN, P.A. 20 North Orange Avenue, Suite 1400 Orlando, FL 32802 Telephone: (407) 420-1414 Facsimile: (407) 245-33414 E-mail: CLeach@forthepeople.com MAXIM HEALTHCARE: Faces "Graham" Suit Over Failure to Pay OT ------------------------------------------------------------ Dorothy Graham v. Maxim Healthcare Services, Inc., Case No. 1:15- cv-02713 (D. MD., September 14, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. Maxim Healthcare Services, Inc. is a Maryland corporation which provides in-home personal care, management and treatment of a variety of conditions by nurses, therapists, medical social workers, and home health aides. The Plaintiff is represented by: G. Tony Atwal, Esq. Timothy J. Becker, Esq. JOHNSON BECKER, PLLC 33 South Sixth Street, Suite 4530 Minneapolis, MN 55402 Telephone: (612) 436-1800 Facsimile: (612) 436-1801 E-mail: tatwal@johnsonbecker.com tbecker@johnsonbecker.com - and - Robert E. DeRose, Esq. Robi J. Baishnab, Esq. Joshua McInerney, Esq. BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP 250 E. Broad St., 10th Floor Columbus, OH 43215 Telephone: (614) 221-4221 Facsimile: (614) 744-2300 E-mail: bderose@barkanmeizlish.com rbaishnab@barkanmeizlish.com jmcinerney@barkanmeizlish.com - and - Jason J. Thompson, Esq. Neil B. Pioch, Esq. Jesse L. Young, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Telephone: (248) 355-0300 Facsimile: (248) 864-7840 E-mail: jthompson@sommerspc.com npioch@sommerspc.com jyoung@sommerspc.com - and - Carlos Leach, Esq. MORGAN & MORGAN, P.A. 20 North Orange Avenue, Suite 1400 Orlando, FL 32802 Telephone: (407) 420-1414 Facsimile: (407) 245-33414 E-mail: CLeach@forthepeople.com MAXIM HEALTHCARE: Faces "Harris" Suit Over Failure to Pay OT ------------------------------------------------------------ Renita Harris v. Maxim Healthcare Services, Inc., Case No. 1:15- cv-02716 (D. MD., September 14, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. Maxim Healthcare Services, Inc. is a Maryland corporation which provides in-home personal care, management and treatment of a variety of conditions by nurses, therapists, medical social workers, and home health aides. The Plaintiff is represented by: G. Tony Atwal, Esq. Timothy J. Becker, Esq. JOHNSON BECKER, PLLC 33 South Sixth Street, Suite 4530 Minneapolis, MN 55402 Telephone: (612) 436-1800 Facsimile: (612) 436-1801 E-mail: tatwal@johnsonbecker.com tbecker@johnsonbecker.com - and - Robert E. DeRose, Esq. Robi J. Baishnab, Esq. Joshua McInerney, Esq. BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP 250 E. Broad St., 10th Floor Columbus, OH 43215 Telephone: (614) 221-4221 Facsimile: (614) 744-2300 E-mail: bderose@barkanmeizlish.com rbaishnab@barkanmeizlish.com jmcinerney@barkanmeizlish.com - and - Jason J. Thompson, Esq. Neil B. Pioch, Esq. Jesse L. Young, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Telephone: (248) 355-0300 Facsimile: (248) 864-7840 E-mail: jthompson@sommerspc.com npioch@sommerspc.com jyoung@sommerspc.com - and - Carlos Leach, Esq. MORGAN & MORGAN, P.A. 20 North Orange Avenue, Suite 1400 Orlando, FL 32802 Telephone: (407) 420-1414 Facsimile: (407) 245-33414 E-mail: CLeach@forthepeople.com MAXIM HEALTHCARE: Faces "Martin" Suit Over Failure to Pay OT ------------------------------------------------------------ Rachel E. Martin v. Maxim Healthcare Services, Inc., Case No. 1:15-cv-02720 (D. MD., September 14, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. Maxim Healthcare Services, Inc. is a Maryland corporation which provides in-home personal care, management and treatment of a variety of conditions by nurses, therapists, medical social workers, and home health aides. The Plaintiff is represented by: G. Tony Atwal, Esq. Timothy J. Becker, Esq. JOHNSON BECKER, PLLC 33 South Sixth Street, Suite 4530 Minneapolis, MN 55402 Telephone: (612) 436-1800 Facsimile: (612) 436-1801 E-mail: tatwal@johnsonbecker.com tbecker@johnsonbecker.com - and - Robert E. DeRose, Esq. Robi J. Baishnab, Esq. Joshua McInerney, Esq. BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP 250 E. Broad St., 10th Floor Columbus, OH 43215 Telephone: (614) 221-4221 Facsimile: (614) 744-2300 E-mail: bderose@barkanmeizlish.com rbaishnab@barkanmeizlish.com jmcinerney@barkanmeizlish.com - and - Jason J. Thompson, Esq. Neil B. Pioch, Esq. Jesse L. Young, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Telephone: (248) 355-0300 Facsimile: (248) 864-7840 E-mail: jthompson@sommerspc.com npioch@sommerspc.com jyoung@sommerspc.com - and - Carlos Leach, Esq. MORGAN & MORGAN, P.A. 20 North Orange Avenue, Suite 1400 Orlando, FL 32802 Telephone: (407) 420-1414 Facsimile: (407) 245-33414 E-mail: CLeach@forthepeople.com MAXIM HEALTHCARE: Faces "McNeal" Suit Over Failure to Pay OT ------------------------------------------------------------ Earnestina McNeal v. Maxim Healthcare Services, Inc., Case No. 1:15-cv-02720 (D. MD., September 14, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. Maxim Healthcare Services, Inc. is a Maryland corporation which provides in-home personal care, management and treatment of a variety of conditions by nurses, therapists, medical social workers, and home health aides. The Plaintiff is represented by: G. Tony Atwal, Esq. Timothy J. Becker, Esq. JOHNSON BECKER, PLLC 33 South Sixth Street, Suite 4530 Minneapolis, MN 55402 Telephone: (612) 436-1800 Facsimile: (612) 436-1801 E-mail: tatwal@johnsonbecker.com tbecker@johnsonbecker.com - and - Robert E. DeRose, Esq. Robi J. Baishnab, Esq. Joshua McInerney, Esq. BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP 250 E. Broad St., 10th Floor Columbus, OH 43215 Telephone: (614) 221-4221 Facsimile: (614) 744-2300 E-mail: bderose@barkanmeizlish.com rbaishnab@barkanmeizlish.com jmcinerney@barkanmeizlish.com - and - Jason J. Thompson, Esq. Neil B. Pioch, Esq. Jesse L. Young, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Telephone: (248) 355-0300 Facsimile: (248) 864-7840 E-mail: jthompson@sommerspc.com npioch@sommerspc.com jyoung@sommerspc.com - and - Carlos Leach, Esq. MORGAN & MORGAN, P.A. 20 North Orange Avenue, Suite 1400 Orlando, FL 32802 Telephone: (407) 420-1414 Facsimile: (407) 245-33414 E-mail: CLeach@forthepeople.com MID-OHIO TRUCKING: Faces "Kaschalk" Suit Over Failure to Pay OT --------------------------------------------------------------- Anthony C. Kaschalk, on behalf of himself and all others similarly situated v. Richard E. Parker, Mid-Ohio Trucking, Inc., and Mid- Ohio Asphalt and Concrete, Inc., Case No. 5:15-cv-01871 (N.D. Oho, September 14, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. The Defendants are engaged in the business of paving, asphalt and concrete work. The Plaintiff is represented by: James E. Boulas, Esq. Jim Petropouleas, Esq. JAMES E. BOULAS CO., L.P.A. Raintree Plaza 7912 Broadview Road Broadview Heights, OH 44147-1202 Telephone: (440) 526-8822 Facsimile: (440) 838-8822 MITSUI O.S.K.: Court Dismisses Suit Against Vehicle Shippers ------------------------------------------------------------ In the case captioned, IN RE VEHICLE CARRIER SERVICES ANTITRUST LITIGATION, Case No. 13-3306(ES), MDL No. 2471, District Judge Esther Salas of the United States District Court for District of New Jersey ruled on Defendants' Consolidated Motion to Dismiss the Indirect Purchasers' Complaints; End-Payor Plaintiffs' Request for Judicial Notice in Support of Response to Defendants' Motion to Dismiss Indirect Purchaser Actions; Defendants' Consolidated Motion to Dismiss the Direct Purchasers' Complaint; Defendant EUKOR Car Carriers, Inc.'s Motion to Dismiss All Complaints; Hoegh Defendants' Motion to Dismiss the Direct Purchasers' Complaint; and Hoegh Defendants' Motion to Dismiss the Indirect Purchasers' Complaints. In multidistrict litigation (MDL), purchasers of vehicle carrier services alleged a conspiracy among ocean shipping companies to fix prices, allocate customers and routes, and restrict capacity. Direct Purchaser Plaintiffs (DPPs) filed a consolidated class action complaint against Defendants seeking treble damages and costs of suit under section 4 of the Clayton Act, 15 U.S.C. Sec. 15, for violation of section 1 of the Sherman Act, 15 U.S.C. Sec. 1. Indirect Purchaser Plaintiffs (IPPs) collectively include End- Payors, Automobile Dealers (Auto Dealers), and Truck & Equipment Dealers, each of whom filed consolidated class action complaints against Defendants seeking equitable and injunctive relief under section 16 of the Clayton Act, 15 U.S.C. Sec. 26, for violation of section 1 of the Sherman Act, 15 U.S.C. Sec. 1, and treble damages and costs of suit under various state antitrust, consumer protection, and unjust enrichment laws. In the motion to dismiss, Defendants argued that claims for damages and injunctive relief under the Clayton Act are barred by the Shipping Act of 1984. DPPs contended that agreements to restrict capacity are not prohibited by the Shipping Act and are therefore subject to private antitrust suits. In her Opinion dated August 28, 2015 available at http://is.gd/zeFwWgfrom Leagle.com, Judge Salas held that a plain reading of the statutory language demonstrates that capacity restrictions, as alleged in the complaints, are covered by the Shipping Act and that because ocean common carriers are prohibited from operating under an unfiled agreement that is required to be filed with the FMC, the Shipping Act provides an exemption for claims under the Clayton Act. "Because the Shipping Act of 1984 bars Clayton Act claims and preempts state law claims under the theory of conflict preemption, the motions to dismiss are granted," the Court said. F. RUGGIERO & SONS, INC., Plaintiff, is represented by HOLLIS LEE SALZMAN, ROBINS KAPLAN LLP, JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C., MEEGAN F. HOLLYWOOD, COUNSEL NOT ADMITTED TO USDC, WARREN T BURNS, COUNSEL NOT ADMITTED TO USDC & DANIEL H. CHAREST, COUNSEL NOT ADMITTED TO USDC. ROBERT O'ROURKE, Plaintiff, is represented by HOLLIS LEE SALZMAN, ROBINS KAPLAN LLP, JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C., MEEGAN F. HOLLYWOOD, COUNSEL NOT ADMITTED TO USDC, WARREN T BURNS, COUNSEL NOT ADMITTED TO USDC & DANIEL H. CHAREST, COUNSEL NOT ADMITTED TO USDC. Martens Cars of Washington, Inc., Plaintiff, is represented by GERARD V. MANTESE, COUNSEL NOT ADMITTED TO USDC, PETER S. PEARLMAN, COHN, LIFLAND, PEARLMAN, HERRMANN & KNOPF, LLP, BENJAMIN DAVID ELGA, CUNEO GILBERT & LADUCA LLP, BRIAN K. HERRINGTON, COUNSEL NOT ADMITTED TO USDC, DANIEL COHEN, COUNSEL NOT ADMITTED TO USDC, JONATHAN WATSON CUNEO, COUNSEL NOT ADMITTED TO USDC, KATHERINE WARREN VAN DYCK, COUNSEL NOT ADMITTED TO USDC & KELLY MAGNUS PURCARO, Cohn Lifland Pearlman Herrman & Knopf, LLP. Hudson Charleston Acquisition, LLC, Plaintiff, is represented by GERARD V. MANTESE, COUNSEL NOT ADMITTED TO USDC, PETER S. PEARLMAN, COHN, LIFLAND, PEARLMAN, HERRMANN & KNOPF, LLP, BENJAMIN DAVID ELGA, CUNEO GILBERT & LADUCA LLP, DANIEL COHEN, COUNSEL NOT ADMITTED TO USDC, JONATHAN WATSON CUNEO, COUNSEL NOT ADMITTED TO USDC & KATHERINE WARREN VAN DYCK, COUNSEL NOT ADMITTED TO USDC. HUDSON NISSAN, Plaintiff, is represented by GERARD V. MANTESE, COUNSEL NOT ADMITTED TO USDC, PETER S. PEARLMAN, COHN, LIFLAND, PEARLMAN, HERRMANN & KNOPF, LLP, BENJAMIN DAVID ELGA, CUNEO GILBERT & LADUCA LLP, DANIEL COHEN, COUNSEL NOT ADMITTED TO USDC, JONATHAN WATSON CUNEO, COUNSEL NOT ADMITTED TO USDC & KATHERINE WARREN VAN DYCK, COUNSEL NOT ADMITTED TO USDC. John O'Neil Johnson Toyota, LLC, Plaintiff, is represented by GERARD V. MANTESE, COUNSEL NOT ADMITTED TO USDC, PETER S. PEARLMAN, COHN, LIFLAND, PEARLMAN, HERRMANN & KNOPF, LLP, BENJAMIN DAVID ELGA, CUNEO GILBERT & LADUCA LLP, DANIEL COHEN, COUNSEL NOT ADMITTED TO USDC, JONATHAN WATSON CUNEO, COUNSEL NOT ADMITTED TO USDC & KATHERINE WARREN VAN DYCK, COUNSEL NOT ADMITTED TO USDC. Hudson Gastonia Acquisition, LLC, Plaintiff, is represented by GERARD V. MANTESE, COUNSEL NOT ADMITTED TO USDC, PETER S. PEARLMAN, COHN, LIFLAND, PEARLMAN, HERRMANN & KNOPF, LLP, BENJAMIN DAVID ELGA, CUNEO GILBERT & LADUCA LLP, DANIEL COHEN, COUNSEL NOT ADMITTED TO USDC, JONATHAN WATSON CUNEO, COUNSEL NOT ADMITTED TO USDC & KATHERINE WARREN VAN DYCK, COUNSEL NOT ADMITTED TO USDC. HC ACQUISITIONS, LLC, Plaintiff, is represented by GERARD V. MANTESE, COUNSEL NOT ADMITTED TO USDC, PETER S. PEARLMAN, COHN, LIFLAND, PEARLMAN, HERRMANN & KNOPF, LLP, BENJAMIN DAVID ELGA, CUNEO GILBERT & LADUCA LLP, DANIEL COHEN, COUNSEL NOT ADMITTED TO USDC, JONATHAN WATSON CUNEO, COUNSEL NOT ADMITTED TO USDC & KATHERINE WARREN VAN DYCK, COUNSEL NOT ADMITTED TO USDC. Toyota of Bristol, Plaintiff, is represented by GERARD V. MANTESE, COUNSEL NOT ADMITTED TO USDC, PETER S. PEARLMAN, COHN, LIFLAND, PEARLMAN, HERRMANN & KNOPF, LLP, BENJAMIN DAVID ELGA, CUNEO GILBERT & LADUCA LLP, DANIEL COHEN, COUNSEL NOT ADMITTED TO USDC, JONATHAN WATSON CUNEO, COUNSEL NOT ADMITTED TO USDC & KATHERINE WARREN VAN DYCK, COUNSEL NOT ADMITTED TO USDC. Desert European Motorcars, Ltd., Plaintiff, is represented by GERARD V. MANTESE, COUNSEL NOT ADMITTED TO USDC, PETER S. PEARLMAN, COHN, LIFLAND, PEARLMAN, HERRMANN & KNOPF, LLP, BENJAMIN DAVID ELGA, CUNEO GILBERT & LADUCA LLP, DANIEL COHEN, COUNSEL NOT ADMITTED TO USDC, JONATHAN WATSON CUNEO, COUNSEL NOT ADMITTED TO USDC & KATHERINE WARREN VAN DYCK, COUNSEL NOT ADMITTED TO USDC. INTERNATIONAL TRANSPORT MANAGEMENT CORP., Plaintiff, is represented by EUGENE A. SPECTOR, SPECTOR, ROSEMAN KODROFF & WILLIS, PC, JOSEPH J. DEPALMA, LITE, DEPALMA, GREENBERG, LLC, MICHAEL E. MOSKOVITZ, COUNSEL NOT ADMITTED TO USDC, RACHEL ELLEN KOPP, COUNSEL NOT ADMITTED TO USDC, STEVEN A. KANNER, COUNSEL NOT ADMITTED TO USDC, LAUREN E. FENTON-VALDIVIA, BRESSLER, AMERY & ROSS, P.C., LEE ALBERT, Glancy Prongay & Murray LLP, LEWIS HARRY GOLDFARB, COUNSEL NOT ADMITTED TO USDC & ROBERT P. DONOVAN, MCELROY DEUTSCH MULVANEY & CARPENTER, LLP. Antonio Maravilla, Plaintiff, is represented by REGINALD VON TERRELL, COUNSEL NOT ADMITTED TO USDC. Joan MacQuarrie, Plaintiff, is represented by ALEXANDER E BARNETT, COUNSEL NOT ADMITTED TO USDC, ELIZABETH C. PRITZKER, COUNSEL NOT ADMITTED TO USDC, ELIZABETH TRAN, COUNSEL NOT ADMITTED TO USDC, STEVEN N. WILLIAMS, COTCHETT PITRE & MCCARTHY LLP & JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. Brenda Keegan, Plaintiff, is represented by ALEXANDER E BARNETT, COUNSEL NOT ADMITTED TO USDC, ELIZABETH C. PRITZKER, COUNSEL NOT ADMITTED TO USDC, ELIZABETH TRAN, COUNSEL NOT ADMITTED TO USDC & STEVEN N. WILLIAMS, COTCHETT PITRE & MCCARTHY LLP. Cargo Agents, Inc., Plaintiff, is represented by LAUREN ILENE DUBICK, COUNSEL NOT ADMITTED TO USDC & ROBERT N. KAPLAN, COUNSEL NOT ADMITTED TO USDC. DODA CAMAJ, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C., PAUL F NOVAK, COUNSEL NOT ADMITTED TO USDC & DIANA GJONAJ, COUNSEL NOT ADMITTED TO USDC. TONY NIKPRELAJ, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C., PAUL F NOVAK, COUNSEL NOT ADMITTED TO USDC & DIANA GJONAJ, COUNSEL NOT ADMITTED TO USDC. BETHANNE KNUDSON, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. ESTEBAN ADAME, Plaintiff, is represented by BRIAN RUSSELL STRANGE, STRANGE & CARPENTER, KEITH L. BUTLER, COUNSEL NOT ADMITTED TO USDC, PAUL J. GELLER, COUNSEL NOT ADMITTED TO USDC & STUART A. DAVIDSON, COUNSEL NOT ADMITTED TO THE USCD. KENNETH A. NELSON, Plaintiff, is represented by Arthur M. Murray, Murray Law Firm, Charles D. Gabriel, Pierce Gabriel Partners, LLC, DANIEL H. CHAREST, COUNSEL NOT ADMITTED TO USDC, Douglas D. Chunn, Douglas D. Chunn, PA, ISAAC L DIEL, COUNSEL NOT ADMITTED TO USDC NJ BAR, Robert L. Devereux, Devereux Murphy LLC, STEPHEN B. MURRAY, JR, MURRAY LAW FIRM, Samuel P. Pierce, Jr., Pierce Gabriel Partners, LLC, Terry Oxford, Susman Godfrey, LLP & WARREN T BURNS, COUNSEL NOT ADMITTED TO USDC. RITA DIEL-BROWN, Plaintiff, is represented by Arthur M. Murray, Murray Law Firm, Charles D. Gabriel, Pierce Gabriel Partners, LLC, DANIEL H. CHAREST, COUNSEL NOT ADMITTED TO USDC, Douglas D. Chunn, Douglas D. Chunn, PA, ISAAC L DIEL, COUNSEL NOT ADMITTED TO USDC NJ BAR, Joseph F. Devereux, Devereux Murphy LLC & KOREY A. NELSON, COUNSEL NOT ADMITTED TO USDC. EUGENE THOMAS GOESSLING, Plaintiff, is represented by Arthur M. Murray, Murray Law Firm, Charles D. Gabriel, Pierce Gabriel Partners, LLC, DANIEL H. CHAREST, COUNSEL NOT ADMITTED TO USDC, Douglas D. Chunn, Douglas D. Chunn, PA, ISAAC L DIEL, COUNSEL NOT ADMITTED TO USDC NJ BAR, JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C., Joseph F. Devereux, Devereux Murphy LLC & KOREY A. NELSON, COUNSEL NOT ADMITTED TO USDC. PAMELA E. GOESSLING, Plaintiff, is represented by Arthur M. Murray, Murray Law Firm, Charles D. Gabriel, Pierce Gabriel Partners, LLC, DANIEL H. CHAREST, COUNSEL NOT ADMITTED TO USDC, Douglas D. Chunn, Douglas D. Chunn, PA, ISAAC L DIEL, COUNSEL NOT ADMITTED TO USDC NJ BAR, JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C., Joseph F. Devereux, Devereux Murphy LLC & KOREY A. NELSON, COUNSEL NOT ADMITTED TO USDC. DAVID SCHROEDER, Plaintiff, is represented by BETSY CAROL MANIFOLD, COUNSEL NOT ADMITTED TO USDC & FRANCIS M. GREGOREK, COUNSEL NOT ADMITTED TO USDC. ALEX WHITE, Plaintiff, is represented by Linda G Workman, Dicks and Workman APC. INTERESTED PARTY, Plaintiff, is represented by FRANCIS ONOFREI SCARPULLA, LAW OFFICES OF FRANCIS O. SCARPULLA. MANACO INTERNATIONAL FORWARDERS, INC., Plaintiff, is represented by CHARLES ANDREW DIRKSEN, COUNSEL NOT ADMITTED TO USDC, DOUGLAS A. ABRAHAMS, KOHN, SWIFT, & GRAF, PC, Gregory P. Hansel, Preti Flaherty Beliveau Pachios & Haley, LLP, John Douglas Richards, Cohen Milstein Sellers & Toll PLLC, Joseph C. Kohn, Kohn, Swift, & Graf, P.C., KIT A. PIERSON, COUNSEL NOT ADMITTED TO USDC, MICHAEL BENJAMIN EISENKRAFT, COHEN MILSTEIN SELLERS & TOLL PC, DAVID A. YOUNG, COUNSEL NOT ADMITTED TO USDC, MANUEL JUAN DOMINGUEZ, COUNSEL NOT ADMITTED TO USDC & MATTHEW W. RUAN, COUNSEL NOT ADMITTED TO USDC. INTERNATIONAL TRANSPORT MANAGEMENT CORP., Plaintiff, is represented by Albert J. Pucciarelli, LAUREN E. FENTON-VALDIVIA, BRESSLER, AMERY & ROSS, P.C., LEE ALBERT, Glancy Prongay & Murray LLP & LEWIS HARRY GOLDFARB, COUNSEL NOT ADMITTED TO USDC. ROSS STASIK, Plaintiff, is represented by BETSY CAROL MANIFOLD, COUNSEL NOT ADMITTED TO USDC & Randall S. Newman, Randall S. Newman PC: Randall S. Newman, Esq. RANDALL S. NEWMAN PC 37 Wall St # D New York, NY 10005 Tel: (212)797-3737 ADAIR LARA, Plaintiff, is represented by Adam C. Belsky, Gross Belsky Alonso LLP, Monique Alonso, Gross & Belsky LLP, Sarah Crowley, Gross Belsky Alonso LLP, TERRY GROSS, COUNSEL NOT ADMITTED TO USDC & JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. KATHLEEN C. DAVIS, Plaintiff, is represented by GUIDO SAVERI, COUNSEL NOT ADMITTED TO USDC & R. Alexander Saveri, Saveri & Saveri, Inc.. SEAN SPICER, Plaintiff, is represented by STEVEN N. WILLIAMS, COTCHETT PITRE & MCCARTHY LLP. PHYLLIS ROSEN, Plaintiff, is represented by Steven Noel Williams, Cotchett Pitre & McCarthy LLP. GUSTAVO ADOLFO PEREZ, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C. & Steven Noel Williams, Cotchett Pitre & McCarthy LLP. JENNIFER FROZENA, Plaintiff, is represented by Steven Noel Williams, Cotchett Pitre & McCarthy LLP. ASHTON LEVIS, Plaintiff, is represented by AUSTIN B COHEN, COUNSEL NOT ADMITTED TO USDC, Adam John Zapala, Cotchett, Pitre & McCarthy LLP & ELIZABETH TRAN, COUNSEL NOT ADMITTED TO USDC. BRUCE HERTZ, Plaintiff, is represented by AUSTIN B COHEN, COUNSEL NOT ADMITTED TO USDC, Adam John Zapala, Cotchett, Pitre & McCarthy LLP, ELIZABETH TRAN, COUNSEL NOT ADMITTED TO USDC & JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. LAZARO VERSALLES, Plaintiff, is represented by DANIEL C. HEDLUND, COUNSEL NOT ADMITTED TO USDC, DIANNE M. NAST, NastLaw LLC, Erin Cathleen Burns, NastLaw LLC & Steven Noel Williams, Cotchett Pitre & McCarthy LLP. MATTHEW HEILICHER, Plaintiff, is represented by Steven Noel Williams, Cotchett Pitre & McCarthy LLP. ELIZABETH POWERS KELLER, Plaintiff, is represented by Steven Noel Williams, Cotchett Pitre & McCarthy LLP. ERIC L. METH, Plaintiff, is represented by Steven Noel Williams, Cotchett Pitre & McCarthy LLP. JEFF RUBINSTEIN, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C. & Steven Noel Williams, Cotchett Pitre & McCarthy LLP. JUDY A. REIBER, Plaintiff, is represented by CHRISTOPHER THOMAS MICHELETTI, COUNSEL NOT ADMITTED TO USDC, DANIEL R. SHULMAN, COUNSEL NOT ADMITTED TO USDC, FRANCIS ONOFREI SCARPULLA, LAW OFFICES OF FRANCIS O. SCARPULLA & JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. CRAIG BUSKE, Plaintiff, is represented by CHRISTOPHER THOMAS MICHELETTI, COUNSEL NOT ADMITTED TO USDC, DANIEL R. SHULMAN, COUNSEL NOT ADMITTED TO USDC, FRANCIS ONOFREI SCARPULLA, LAW OFFICES OF FRANCIS O. SCARPULLA & JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. ELIZABETH ALLIS, Plaintiff, is represented by CHRISTOPHER THOMAS MICHELETTI, COUNSEL NOT ADMITTED TO USDC, DANIEL R. SHULMAN, COUNSEL NOT ADMITTED TO USDC & FRANCIS ONOFREI SCARPULLA, LAW OFFICES OF FRANCIS O. SCARPULLA. WILLIAM ELWOOD, Plaintiff, is represented by CHRISTOPHER THOMAS MICHELETTI, COUNSEL NOT ADMITTED TO USDC, DANIEL R. SHULMAN, COUNSEL NOT ADMITTED TO USDC & FRANCIS ONOFREI SCARPULLA, LAW OFFICES OF FRANCIS O. SCARPULLA. DARREL SENIOR, Plaintiff, is represented by CHRISTOPHER THOMAS MICHELETTI, COUNSEL NOT ADMITTED TO USDC & FRANCIS ONOFREI SCARPULLA, LAW OFFICES OF FRANCIS O. SCARPULLA. MATTHEW RIGHETTI, Plaintiff, is represented by CHRISTOPHER THOMAS MICHELETTI, COUNSEL NOT ADMITTED TO USDC & FRANCIS ONOFREI SCARPULLA, LAW OFFICES OF FRANCIS O. SCARPULLA. TIFFANY BUI, Plaintiff, is represented by Scott M Grzenczyk, Girard Gibbs LLP. NICHOLAS LETOURNEAU, Plaintiff, is represented by Scott M Grzenczyk, Girard Gibbs LLP. KATRINA BONAR, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C. & Steven Noel Williams, Cotchett Pitre & McCarthy LLP. STEVEN BRUZONSKY, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C. & Steven Noel Williams, Cotchett Pitre & McCarthy LLP. LORI CURTIS, Plaintiff, is represented by Steven Noel Williams, Cotchett Pitre & McCarthy LLP. JENNIFER DILLON, Plaintiff, is represented by ALYSON LOUISE OLIVER, COUNSEL NOT ADMITTED TO USDC, Steven Noel Williams, Cotchett Pitre & McCarthy LLP & JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. SHERYL HALEY, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C. & Steven Noel Williams, Cotchett Pitre & McCarthy LLP. SHARON HAMPSON, Plaintiff, is represented by Steven Noel Williams, Cotchett Pitre & McCarthy LLP. DANIEL MORRIS, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C. & Steven Noel Williams, Cotchett Pitre & McCarthy LLP. PAULA OCHSNER, Plaintiff, is represented by Steven Noel Williams, Cotchett Pitre & McCarthy LLP. JUDY SMITH, Plaintiff, is represented by Steven Noel Williams, Cotchett Pitre & McCarthy LLP. MICHAEL JACKSON, Plaintiff, is represented by CHRISTOPHER LOVELL, COUNSEL NOT ADMITTED TO USDC, CHRISTOPHER THOMAS MICHELETTI, COUNSEL NOT ADMITTED TO USDC & FRANCIS ONOFREI SCARPULLA, LAW OFFICES OF FRANCIS O. SCARPULLA. EMILY FERRIS, Plaintiff, is represented by Jack Wing Lee, Minami Tamaki LLP & SEAN TAMIO TAMURA-SATO, COUNSEL NOT ADMITTED TO USDC. TOM WARE, Plaintiff, is represented by DEREK G. HOWARD, COUNSEL NOT ADMITTED TO USDC, Jack Wing Lee, Minami Tamaki LLP & SEAN TAMIO TAMURA-SATO, COUNSEL NOT ADMITTED TO USDC. ALAN FRONT, Plaintiff, is represented by DEREK G. HOWARD, COUNSEL NOT ADMITTED TO USDC & SEAN TAMIO TAMURA-SATO, COUNSEL NOT ADMITTED TO USDC. MARY G. BISSEN, Plaintiff, is represented by DEREK G. HOWARD, COUNSEL NOT ADMITTED TO USDC & SEAN TAMIO TAMURA-SATO, COUNSEL NOT ADMITTED TO USDC. GREG DANA, Plaintiff, is represented by DEREK G. HOWARD, COUNSEL NOT ADMITTED TO USDC & SEAN TAMIO TAMURA-SATO, COUNSEL NOT ADMITTED TO USDC. JOE GROJEAN, Plaintiff, is represented by DEREK G. HOWARD, COUNSEL NOT ADMITTED TO USDC & SEAN TAMIO TAMURA-SATO, COUNSEL NOT ADMITTED TO USDC. JERRY DAVID, Plaintiff, is represented by DEREK G. HOWARD, COUNSEL NOT ADMITTED TO USDC & SEAN TAMIO TAMURA-SATO, COUNSEL NOT ADMITTED TO USDC. WILDA J. NIN-PACHECO, Plaintiff, is represented by SEAN TAMIO TAMURA-SATO, COUNSEL NOT ADMITTED TO USDC. RITA M. CLOWARD, Plaintiff, is represented by DEREK G. HOWARD, COUNSEL NOT ADMITTED TO USDC & SEAN TAMIO TAMURA-SATO, COUNSEL NOT ADMITTED TO USDC. DIANE DAVID, Plaintiff, is represented by DEREK G. HOWARD, COUNSEL NOT ADMITTED TO USDC, Jack Wing Lee, Minami Tamaki LLP & SEAN TAMIO TAMURA-SATO, COUNSEL NOT ADMITTED TO USDC. CRYSTAL BOYKIN, Plaintiff, is represented by CRYSTAL BOYKIN PRO SE TUAN NGUYEN, Plaintiff, is represented by Alan R. Plutzik, Bramson Plutzik Mahler & Birkhaeuser, LLP. TUAN NGUYEN, Plaintiff, is represented by Daniel Edward Birkhaeuser, Bramson, Plutzik, Mahler & Birkhaeuser & Timothy D. Battin, Straus & Boies LLP. EMPIRE NISSAN OF SANTA ROSA, LLC, Plaintiff, is represented by PETER S. PEARLMAN, COHN, LIFLAND, PEARLMAN, HERRMANN & KNOPF, LLP. HODGES IMPORTED CARS, INC d/b/a HODGES SUBARU, Plaintiff, is represented by PETER S. PEARLMAN, COHN, LIFLAND, PEARLMAN, HERRMANN & KNOPF, LLP. PANAMA CITY AUTOMOTIVE GROUP, INC d/b/a JOHN LEE NISSAN, Plaintiff, is represented by PETER S. PEARLMAN, COHN, LIFLAND, PEARLMAN, HERRMANN & KNOPF, LLP. Melinda Deneau, Plaintiff, is represented by Melinda Deneau PRO SE. Jill M. Alban, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. Grant M. Alban, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. Al Baker, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C. & ROBERT J. BONSIGNORE, COUNSEL NOT ADMITTED TO USDC. Emmett Brophy, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. Monica Brushey, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. Melinda Deneau, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. Jennifer Dillon, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. JEFFREY GANNON, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C. & ROBERT J. BONSIGNORE, COUNSEL NOT ADMITTED TO USDC. Sean Gurney, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C. & ROBERT J. BONSIGNORE, COUNSEL NOT ADMITTED TO USDC. Leslie Denise Hart, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. Elizabeth Ashley Hill, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C. & ROBERT J. BONSIGNORE, COUNSEL NOT ADMITTED TO USDC. Maria Kooker, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C. & ROBERT J. BONSIGNORE, COUNSEL NOT ADMITTED TO USDC. Christie Laster, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. Kori Lehrkamp, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C. & ROBERT J. BONSIGNORE, COUNSEL NOT ADMITTED TO USDC. John Leyva, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. Joan MacQuarrie, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. Roberta Rothsetin, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. Alexandra Scott, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C. & ROBERT J. BONSIGNORE, COUNSEL NOT ADMITTED TO USDC. CATHERINE TAYLOR, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. Richard Tomasko, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C. & ROBERT J. BONSIGNORE, COUNSEL NOT ADMITTED TO USDC. Demian Vargas, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. MARY ARNOLD, Plaintiff, is represented by ANNE T. REGAN, COUNSEL NOT ADMITTED TO USDC, DAVID M. CIALKOWSKI, COUNSEL NOT ADMITTED TO USDC & JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. STEPHANIE B. CROSBY, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.. RUSH TRUCK CENTERS OF ARIZONA, INC., RUSH TRUCK CENTERS OF CALIFORNIA, INC., RUSH TRUCK CENTERS OF COLORADO, INC., RUSH TRUCK CENTERS OF FLORIDA, INC., RUSH TRUCK CENTERS OF GEORGIA, INC., RUSH TRUCK CENTERS OF IDAHO, INC., RUSH TRUCK CENTERS OF KANSAS, INC., RUSH TRUCK CENTERS OF NORTH CAROLINA, INC., RUSH TRUCK CENTERS OF OHIO, INC., RUSH TRUCK CENTERS OF OKLAHOMA, INC., RUSH TRUCK CENTERS OF TEXAS, LP., RUSH TRUCK CENTERS OF UTAH, INC., Plaintiffs, are represented by ERIC R. BRESLIN, DUANE MORRIS, LLP. SCOTLAND CAR YARD ENTERPRISES d/b/a SAN RAFAEL MITSUBISHI, Plaintiff, is represented by PETER S. PEARLMAN, COHN, LIFLAND, PEARLMAN, HERRMANN & KNOPF, LLP. HARTLEY BUICK/GMC TRUCK, INC. d/b/a HARTLEY HONDA, Plaintiff, is represented by PETER S. PEARLMAN, COHN, LIFLAND, PEARLMAN, HERRMANN & KNOPF, LLP. JOSHUA SO, Plaintiff, is represented by NOAH M. SCHUBERT, COUNSEL NOT ADMITTED TO USDC. Automobile Dealership Plaintiffs, Plaintiff, is represented by GERARD V. MANTESE, COUNSEL NOT ADMITTED TO USDC. GENERAL MOTORS LLC, Plaintiff, is represented by CHAHIRA SOLH, COUNSEL NOT ADMITTED TO USDC, DANIEL A. SASSE, CROWELL & MORING, ELIZABETH ANNE FIGUEIRA, CROWELL AND MORING LLP & RYAN CHRISTOPHER WONG, COUNSEL NOT ADMITTED TO USDC. PENDRELL JACKSON, Plaintiff, is represented by JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C. & PETER GEORGE SAFIRSTEIN, MORGAN & MORGAN. The Defendants are: NYK LINE (NORTH AMERICA) INC., Defendant, is represented by ERIC R. FISH, BAKER HOSTETLER LLP & JOHN R. FORNACIARI, COUNSEL NOT ADMITTED TO USDC. NIPPON YUSEN KABUSHIKI KAISHA, Defendant, is represented by NIPPON YUSEN KABUSHIKI KAISHA PRO SE. WILH WILHELMSEN HOLDING ASA, Defendant, is represented by BENJAMIN F. HOLT, COUNSEL NOT ADMITTED TO USDC, ROBERTO A. RIVERA-SOTO -- riverasotor@ballardspahr.com -- BALLARD SPAHR, JASON ALLEN LECKERMAN -- leckermanj@ballardspahr.com -- BALLARD SPAHR LLP & MAXIM M.L. NOWAK -- maxim.nowak@hoganlovells.com -- HOGAN LOVELLS US LLP. WILH WILHELMSEN ASA, Defendant, is represented by BENJAMIN F. HOLT, COUNSEL NOT ADMITTED TO USDC, ROBERTO A. RIVERA-SOTO, BALLARD SPAHR, JASON ALLEN LECKERMAN, BALLARD SPAHR LLP & MAXIM M.L. NOWAK, HOGAN LOVELLS US LLP. MITSUI O.S.K. LINES, LTD.,, Defendant, is represented by ADAM MICHAEL PERGAMENT, COUNSEL NOT ADMITTED TO USDC, ANNE P. DAVIS, COUNSEL NOT ADMITTED TO USDC, DANIELLE M. GARTEN, COUNSEL NOT ADMITTED TO USDC & JAMES L. COOPER, COUNSEL NOT ADMITTED TO USDC. "K" LINE AMERICA, INC., Defendant, is represented by JEREMY JAMES CALSYN, COUNSEL NOT ADMITTED TO USDC, MARK W. NELSON, COUNSEL NOT ADMITTED TO USDC, MICHAEL R. LAZERWITZ, COUNSEL NOT ADMITTED TO USDC & STEVEN JOHN KAISER, CLEARY GOTTLIEB STEEN & HAMILTON LLP. EUKOR VEHICLE CARRIERS INC., Defendant, is represented by BENJAMIN F. HOLT, COUNSEL NOT ADMITTED TO USDC, ROBERTO A. RIVERA-SOTO, BALLARD SPAHR, JASON ALLEN LECKERMAN, BALLARD SPAHR LLP & MAXIM M.L. NOWAK, HOGAN LOVELLS US LLP. WALLENIUS WILHELMSEN LOGISTICS AS, Defendant, is represented by BENJAMIN F. HOLT, COUNSEL NOT ADMITTED TO USDC, ROBERTO A. RIVERA- SOTO, BALLARD SPAHR, JASON ALLEN LECKERMAN, BALLARD SPAHR LLP & MAXIM M.L. NOWAK, HOGAN LOVELLS US LLP. WALLENIUS WILHELMSEN LOGISTICS AMERICAS LLC, Defendant, is represented by BENJAMIN F. HOLT, COUNSEL NOT ADMITTED TO USDC, ROBERTO A. RIVERA-SOTO, BALLARD SPAHR, JASON ALLEN LECKERMAN, BALLARD SPAHR LLP & MAXIM M.L. NOWAK, HOGAN LOVELLS US LLP. WALLENIUS LINES AB, Defendant, is represented by BENJAMIN F. HOLT, COUNSEL NOT ADMITTED TO USDC, ROBERTO A. RIVERA-SOTO, BALLARD SPAHR, JASON ALLEN LECKERMAN, BALLARD SPAHR LLP & MAXIM M.L. NOWAK, HOGAN LOVELLS US LLP. COMPANIA SUD AMERICANA DE VAPORES S.A., Defendant, is represented by STEVEN F. CHERRY, COUNSEL NOT ADMITTED TO USDC & TODD F. BRAUNSTEIN, COUNSEL NOT ADMITTED TO USDC. TOYOFUJI SHIPPING CO. LTD., Defendant, is represented by JOHN CLAYTON EVERETT, JR., COUNSEL NOT ADMITTED TO USDC. NISSAN MOTOR CAR CARRIER CO., LTD, Defendant, is represented by ADAM MICHAEL PERGAMENT, COUNSEL NOT ADMITTED TO USDC, ANNE P. DAVIS, COUNSEL NOT ADMITTED TO USDC, DANIELLE M. GARTEN, COUNSEL NOT ADMITTED TO USDC & JAMES L. COOPER, COUNSEL NOT ADMITTED TO USDC. WWL Vehicle Services Americas Inc., Defendant, is represented by BENJAMIN F. HOLT, COUNSEL NOT ADMITTED TO USDC, ROBERTO A. RIVERA- SOTO, BALLARD SPAHR & MAXIM M.L. NOWAK, HOGAN LOVELLS US LLP. American Shipping and Logistics Inc., Defendant, is represented by BENJAMIN F. HOLT, COUNSEL NOT ADMITTED TO USDC & MAXIM M.L. NOWAK, HOGAN LOVELLS US LLP. American Roll-On Roll-Off Carrier, LLC, Defendant, is represented by BENJAMIN F. HOLT, COUNSEL NOT ADMITTED TO USDC & MAXIM M.L. NOWAK, HOGAN LOVELLS US LLP. American Auto Logistics, LP, Defendant, is represented by BENJAMIN F. HOLT, COUNSEL NOT ADMITTED TO USDC & MAXIM M.L. NOWAK, HOGAN LOVELLS US LLP. Mitsui O.S.K. Bulk Shipping (U.S.A.), Inc., Defendant, is represented by ADAM MICHAEL PERGAMENT, COUNSEL NOT ADMITTED TO USDC, ANNE P. DAVIS, COUNSEL NOT ADMITTED TO USDC, DANIELLE M. GARTEN, COUNSEL NOT ADMITTED TO USDC & JAMES L. COOPER, COUNSEL NOT ADMITTED TO USDC. MOL (AMERICA), INC., Defendant, is represented by ADAM MICHAEL PERGAMENT, COUNSEL NOT ADMITTED TO USDC, DANIELLE M. GARTEN, COUNSEL NOT ADMITTED TO USDC & JAMES L. COOPER, COUNSEL NOT ADMITTED TO USDC. MOL Logistics (USA), Inc., Defendant, is represented by ADAM MICHAEL PERGAMENT, COUNSEL NOT ADMITTED TO USDC, DANIELLE M. GARTEN, COUNSEL NOT ADMITTED TO USDC & JAMES L. COOPER, COUNSEL NOT ADMITTED TO USDC. World Logistics Service (U.S.A.), Inc., Defendant, is represented by ADAM MICHAEL PERGAMENT, COUNSEL NOT ADMITTED TO USDC, ANNE P. DAVIS, COUNSEL NOT ADMITTED TO USDC, DANIELLE M. GARTEN, COUNSEL NOT ADMITTED TO USDC, JAMES L. COOPER, COUNSEL NOT ADMITTED TO USDC & ROBERTO A. RIVERA-SOTO, BALLARD SPAHR. World Transport Co. Ltd., Defendant, is represented by ADAM MICHAEL PERGAMENT, COUNSEL NOT ADMITTED TO USDC, DANIELLE M. GARTEN, COUNSEL NOT ADMITTED TO USDC, JAMES L. COOPER, COUNSEL NOT ADMITTED TO USDC & ROBERTO A. RIVERA-SOTO, BALLARD SPAHR. CSAV AGENCY, LLC, Defendant, is represented by STEVEN F. CHERRY, COUNSEL NOT ADMITTED TO USDC & TODD F. BRAUNSTEIN, COUNSEL NOT ADMITTED TO USDC. Hoegh Autoliners AS (Norway), Defendant, is represented by MELISSA HELEN MAXMAN, COUNSEL NOT ADMITTED TO USDC & KEVIN MICHAEL KELLY, COZEN O'CONNOR. Hoegh Autoliners, Inc. (US), Defendant, is represented by MELISSA HELEN MAXMAN, COUNSEL NOT ADMITTED TO USDC & KEVIN MICHAEL KELLY, COZEN O'CONNOR. Hoegh Autoliners AS (Norway), Defendant, is represented by MELISSA HELEN MAXMAN, COUNSEL NOT ADMITTED TO USDC & KEVIN MICHAEL KELLY, COZEN O'CONNOR. MONSTER CHEF: "Alvarez" Suit Seeks to Recover Unpaid Overtime ------------------------------------------------------------- Ariel Alvarez, and all others similarly situated v. Monster Chef, Inc., Case No. 6:15-cv-01509-JA-TBS (M.D. Fla., September 14, 2015), seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standard Act. Monster Chef, Inc. owns and operates Vines Grille& Wine Bar restaurant in Florida. The Plaintiff is represented by: Robert S. Norell, Esq. ROBERT S. NORELL, P.A. 300 N.W. 70th Avenue, Suite 305 Plantation, FL 33317 Telephone: (954) 617-6017 Facsimile: (954) 617-6018 E-mail: rob@floridawagelaw.com MONTGOMERY CITY, AL: Faces Suit Alleging Civil Rights Violation --------------------------------------------------------------- Aldaress Carter, individually, and for a class of similarly situated persons or entities v. The City of Montgomery and Branch D. Kloess, Case No. 2:15-cv-00555-WHA-CSC (M.D. Ala., August 3, 2015) is brought over alleged violations of the Civil Rights Act. The Plaintiff is represented by: William M. Dawson, Jr., Esq. 2600 Highland Avenue, Suite 404 Birmingham, AL 35205 Telephone: (205) 201-9005 Facsimile: (866) 730-1427 E-mail: bill@billdawsonlaw.com NATIONAL FITNESS: Faces "Russ" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Karen Russ, on her own behalf and on behalf of those similarly situated v. National Fitness Clubs of Florida, Inc., d/b/a Gulf Coast Fitness, d/b/a Gold's Gym of Cape Coral, and d/b/a Gold's Gym of Ft. Myers, and Joseph Cianfero, Case No. 2:15-cv-00554-JES- MRM (M.D. Fla., September 14, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. The Defendants own and operate fitness clubs in Miami, Florida. The Plaintiff is represented by: Angeli Murthy, Esq. MORGAN & MORGAN, P.A. 600 N. Pine Island Road, Suite 400 Plantation, FL 33324 Telephone: (954) 318-0268 Facsimile: (954) 327-3016 E-mail: amurthy@forthepeople.com NATURAL FRUIT: Faces Class Suit Over Forced, Child Labour --------------------------------------------------------- Jon Fernquest, writing for Bangkok Post, reported that Andy Hall, 34, produced a 2013 report centred on working conditions at a company named Natural Fruit factory in southern Thailand levelling accusations of forced labour and child labour, unlawfully low wages and long hours. Titled "Cheap Has a High Price" and published by the Finnish civil rights group Finnwatch, the report intensified the scrutiny of Thailand's food industry which has faced years of allegations of mistreatment of its mainly migrant labour force. Natural Fruit is a major supplier to the European drink market producing pineapple juice concentrate which the company has supplied to Finnish retailers SOK and Kesko as well as private label juices. The owner of Natural Fruit Wirat Piyapornpaiboon is the elder brother of the former labour minister and general secretary of the Democratic Party Chalermchai Sri-On. Natural Fruit is a powerful company in Thailand's pineapple industry as the owner is the President of the Thai Pineapple Industry Association (TPIA). Natural Fruit has denied the allegations in the report and launched an attack against Mr. Hall with several court cases, including a civil case seeking US$10 million in damages. Already Acquitted Once Mr. Hall was acquitted by a court on a defamation charge pursued by the Office of the Attorney General (OAG) and the attorney general is appealing acquittal adding to Mr. Hall's legal woes. Natural Fruit has now filed a string of its own criminal and civil cases against Mr Hall, the most serious of which was accepted on. The Southern Criminal Court has agreed to hear the case against Andy Hall for defamation and violation of the Computer Crimes Act. Mr Hall has been ordered to appear in court on Oct 19 for a plea hearing, with the court expected to decide whether he gets bail. Mr. Hall faces up to seven years in prison if convicted. Defamation Laws Stifle Investigative Journalism Mr Hall stands by his research and has accused the company of trying to detract from the report's damning findings through legal action. Both Thailand's criminal defamation and computer misuse laws have been criticised by rights groups for their broad wording and the ease with which they can be used to stifle investigative work. In a statement, Finnwatch executive director Sonja Vartiala described the court case as "a saga of intimidation already lasting 30 months aimed at nothing but gagging a human rights case. Legal Action in US & EU Against Thai Companies Thailand's food industry is a key supplier to Western supermarkets and has increasingly been subject to scrutiny and sometimes legal action in Western countries that import Thai goods. Thailand has long turned to migrants from poorer neighbours Myanmar, Cambodia and Laos to help keep major industries afloat, from fishing to seafood to food processing to construction. A US subsidiary of the major Thai conglomerate CP Group was sued in a class action lawsuit in California against leading US retailer CostCo, which imports CP Group's fish, under a new 2010 California law acting against slave labour in the supply chain of goods exported to the US. The European Union threatened to place Thailand under an export ban unless more was done to tackle labour abuses. The US maintained Thailand's low ranking in its annual ranking for countries accused of turning a blind eye to human trafficking. NELNET INC: Robert Shaw Can't Join "Cooper" Suit, Judge Says ------------------------------------------------------------ District Judge Roy B. Dalton, Jr., denied Robert M. Shaw's motion for summary judgment and barred Mr. Shaw from joining the case, JAMES DAVID COOPER, JR., Plaintiff, v. NELNET, INC., Defendant, Case No. 6:14-CV-314-ORL-37DAB (M.D. Fla.). "Despite his belief to the contrary, as evidenced by the caption in his Motion, Mr. Shaw is not a plaintiff and his Motion is irrelevant to the substance of the class-action settlement agreement in this action." "This case remains closed pursuant to the Court's Order at Doc. 85. Any further unauthorized filings in this case will be stricken." A copy of the Court's September 15, 2015 Order is available at http://is.gd/HXlTcNfrom Leagle.com. James David Cooper, Jr., Plaintiff, is represented by Scott David Owens, Scott D. Owens, P.A., Katherine M. Bowen, Keogh Law, LTD, Keith J. Keogh, Keogh Law, LTD, Patrick Christopher Crotty, Scott D. Owens, P.A. & Timothy James Sostrin, Keogh Law, LTD. Nelnet, Inc., Defendant, is represented by Daniel C. Johnson, Carlton Fields Jorden Burt, PA & Richard Barry Benenson, Brownstein, Hyatt, Farber & Schreck, LLP. NEW YORK: NYPD Sued Over Alleged Illegal Detention Practices ------------------------------------------------------------ Theodore Bryant III v. City of New York, Case No. 1906114 (D.N.Y., September 14, 2015), arises out of the New York Police Department's alleged unlawful detention, search and seizure practices without justification and beyond the boundaries of reasonableness. City of New York is a municipal corporation duly existing under the laws of the State of New York. The Plaintiff is represented by: Paul Thomas Layton, Esq. THE LAW OFFICE OF PAUL THOMAS LAYTON, P.C. 30 Vesey Street, Suite 1803 New York, NY 10007 Telephone: (212) 227-1104 ONSTAR LLC: Has Made Unsolicited Calls, "Duchene" Suit Claims ------------------------------------------------------------- Daniel Duchene, individually and on behalf of all others similarly situated v. OnStar, LLC, Case No. 1:15-cv-00935-PLM-PJG (E.D. Mich., September 14, 2015), seeks damages, injunctive and declaratory relief resulting from the illegal actions of the Defendants in contacting the Plaintiff and Class members on their cellular telephones for non-emergency purposes using a prerecorded message or artificial voice. OnStar, LLC provides vehicle-integrated safety and security solutions, mobility services, and information technology services. The Plaintiff is represented by: Sergei Lemberg, Esq. LEMBERG LAW, LLC 1100 Summer Street, 3rd Floor Stamford, CT 06905 Telephone: (203) 653-2250 Facsimile: (203) 653-3424 PATSY'S PIZZERIA: Faces "Guzman" Suit Over Failure to Pay OT ------------------------------------------------------------ Valentin Guzman, individually and on behalf of others similarly situated v. Patsy's Pizzeria Franchise Corp., d/b/a Patsy's Pizzeria, et al., Case No. 1:15-cv-07220 (S.D.N.Y., September 14, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. Patsy's Pizzeria Franchise Corp. owns and operates several pizzerias in New York. The Plaintiff is represented by: Michael Faillace, Esq. MICHAEL FAILLACE & ASSOCIATES, PC 60 East 42nd Street, Suite 2540 New York, NY 10165 Telephone: (212) 317-1200 E-mail: Michael@Faillacelaw.com PITA CAFE: Does Not Properly Pay Employees, "Daraei" Suit Claims ---------------------------------------------------------------- Payam Daraei and Fariba Victoria Asbaghi v. Pita Cafe Mediterranean Grill, et al., Case No. BC594552 (D. Cal., September 14, 2015), is brought against the Defendants for failure to pay wages for all time worked at minimum or contractual wage rate in violation of the California Labor Code. Pita Cafe Mediterranean Grill owns and operates a restaurant located at 11033 Santa Monica Boulevard in Los Angeles, California 90025. The Plaintiff is represented by: Neda Roshanian, Esq. ROSHANIAN LAW FIRM 1000 North Central Avenue, Suite 210 Glendale, CA 91202 Telephone: (818) 964-1122 E-mail: neda@roshanianlaw.com PIZZA HUT: Ex-Pizza Driver Sues Over NY Labor Law Violations ------------------------------------------------------------ Newsday reports that a former Schenectady pizza delivery driver is one of two former employees who are suing Pizza Hut, claiming the company's delivery fees on orders illegally cuts into their tips. Newsday, citing The Daily Gazette of Schenectady, said the suit filed in Albany federal court states that the pizza chain violates New York labor laws by keeping delivery fees as a profit for themselves. REVANCE THERAPEUTICS: Warren Police Suit Remanded to State Court ---------------------------------------------------------------- District Judge Haywood S. Gilliam, Jr. of the United States District Court for Northern District of California granted Plaintiff City of Warren Police and Fire Retirement System's motion to remand in the case captioned, CITY OF WARREN POLICE AND FIRE RETIREMENT SYSTEM, Plaintiff, v. REVANCE THERAPEUTICS, INC., et al., Defendants, Case No. 15-CV-02512-HSG. On May 1, 2015, Plaintiff City of Warren Police and Fire Retirement System filed the securities class action in the San Mateo County Superior Court. In its complaint, Plaintiff asserted only federal Securities Act claims against Defendant Revance Therapeutics, Inc., certain officers and directors thereof, and certain venture capitalists and underwriters associated with a public offering of Revance securities. On June 5, 2015, Defendant removed the instant case to federal court pursuant to 28 U.S.C. Sec. 1441(a). In the motion, Plaintiff argued that Defendant's removal of the case is expressly barred by the Securities Act of 1933. In his Order dated August 31, 2015 available at http://is.gd/LLo4qkfrom Leagle.com, Judge Gilliam, Jr. found that Plaintiff's interpretation of the provisions at issue better reflects the plain language of the statute. Defendants' interpretation relies on an overly constricted reading of the jurisdictional provision's reference to Sec. 77p. Defendants have not carried their burden to establish that removal is proper. The action is remanded to the Superior Court of the State of California for the County of San Mateo. Plaintiff is represented by James Ian Jaconette, Esq. -- jamesj@rgrdlaw.com -- Shawn A. Williams, Esq. -- shawnw@rgrdlaw.com -- ROBBINS GELLER RUDMAN & DOWD LLP - and - Thomas C. Michaud, Esq. VANOVERBEKE MICHAUD AND TIMMONY, P.C. 79 Alfred St Detroit, MI 48201 Tel: (313)578-1200 Defendants are represented by Adam Christopher Trigg, Esq. -- atrigg@cooley.com -- John C. Dwyer, Esq. -- dwyerjc@cooley.com -- Shannon Marie Eagan, Esq. -- seagan@cooley.com -- COOLEY LLP RIDGE COUNTRY: Faces "Esqueda" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Alonso Esqueda, individually and on behalf of other employees similarly situated v. Ridge Country Club, Case No. 1:15-cv-08058 (N.D. Ill., September 14, 2015), is brought against the Defendant for failure to pay overtime wages for work in excess of 40 hours per week. Ridge Country Club owns and operates a golf club in Chicago, Illinois. The Plaintiff is represented by: David E. Stevens, Esq. CONSUMER LAW GROUP, LLC 6232 N. Pulaski, Suite 200 Chicago, IL 60646 Telephone: (312) 219-6838 E-mail: dstevens@yourclg.com RIVERBOAT DELTA: Court Grants in Part Requests for Attorney Fees ---------------------------------------------------------------- District Judge William B. Shubb of the United States District Court for Eastern District granted in part Plaintiff's motion for attorney's fees in the case captioned, HOLLYNN D'LIL, Plaintiff, v. RIVERBOAT DELTA KING, INC.; CITY OF SACRAMENTO; OLD SACRAMENTO BUSINESS ASSOCIATION, INC.,; and DOES 1 through 50, Inclusive, Defendants, Case No. 2:11-2230 WBS AC. Hollynn D'Lil, a paraplegic, brought this action under the Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq. ("ADA"), and analogous state laws against defendants Riverboat Delta King, Inc. ("Delta King") and the City of Sacramento arising out of physical obstacles she allegedly encountered while visiting the Delta King. Plaintiff asserted claims for: (1) the public services provisions of the ADA, 42 U.S.C. Sec. 12132, against the city; (2) section 504 of the Rehabilitation Act of 1973 against the city, 29 U.S.C. Sec. 794; (3) the public accommodations provisions of the ADA against Delta King and the city, 42 U.S.C. Sec. 12182; (4) California Health and Safety Code section 19955 against Delta King and the city; (5) California Government Code section 4456 against the city; (6) the California Disabled Persons Act ("CDPA") against Delta King and the city, Cal. Civ. Code Sec. 54 et seq.; (7) the Unruh Civil Rights Act against Delta King and the city, Cal. Civ. Code Sec. 51 et seq.; (8) California Government Code section 11135 against the city; (9) California Government Code section 12948 against Delta King and the city; and (10) state law negligence against Delta King and the city. Plaintiff separately settled all claims against both defendants, but was unable to agree on attorney's fees and costs with Delta King. In the motion, Plaintiff sought a minimum fee award of $789,760 and costs of $218,893, for a total award of $1,008,653 without even considering her requested enhancement. Delta King contended plaintiff has already been overcompensated in the amount of $74,294.43 and thus the court should award plaintiff absolutely no fees or costs. In her Memorandum and Order dated August 28, 2015 available at http://is.gd/q2G66hfrom Leagle.com, Judge Shubb held that with deductions for unreasonable litigation expenses and costs of $35,792.15, the total litigation expenses and costs the court will tax against defendant is $183,097.90. The total award of attorney's fees and costs together is $720,585.40, to which the $370,000 in fees and costs paid by the city must be off-set, for a total award of $350,585.40. The plaintiff's counsel, Timothy S. Thimesch, Esq., agreed at oral argument that his award of fees should be reduced to compensate defendant for appearing at the originally scheduled hearing. The court will therefore deduct $750 (3 hours at defense counsel's hourly rate of $250) to account for the two attorneys and one representative who attended the hearing on behalf of defendant so that Defendant is directed to pay Mr. Thimesch $349,835.40 in attorney's fees, litigation expenses, and costs. Hollynn D'Lil is represented by: Timothy S. Thimesch, Esq. THIMESCH LAW OFFICES 158 Hilltop Crescent, Walnut Creek, CA 94597 Tel:(925)588-0401 Defendants are represented by Charles L. Post, Esq. -- cpost@weintraub.com -- Chelcey Emiko Lieber, Esq. -- clieber@weintraub.com -- Scott M. Plamondon, Esq. -- splamondon@weintraub.com -- Donna L. Holtz, Esq. -- dholtz@weintraub.com -- WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN ROYAL TRANSPORTATION: Sued Over Failure to Pay Overtime Wages ------------------------------------------------------------- Debra Clark, Brooksey Irvine, Reginald Morrissette, Melba Pearson, and Ezell Williams on behalf of themselves and all others similarly situated v. Royal Transportation Company, Donald Fitzsimmons, Debra Fitzsimmons, and Shannon Fitzsimmons, Case No. 2:15-cv-13243-SFC-MKM (E.D. Mich., September 14, 2015), is brought against the Defendants for failure to pay overtime wages for work in excess of 40 hours per week. Royal Transportation Company is a Michigan corporation which is engaged in the transportation business. The Plaintiff is represented by: Maia E. Johnson, Esq. David A. Hardesty, Esq. GOLD STAR LAW, P.C. 2701 Troy Center Dr., Ste. 400 Troy, MI 48084 E-mail: mjohnson@goldstarlaw.com dhardesty@goldstarlaw.com SANDRIDGE ENERGY: Sued in Oklahoma Over Plan Assets Mismanagement ----------------------------------------------------------------- Richard A. McWilliams, individually, and on behalf of and all others similarly situated v. Sandridge Energy, Inc., et al., Case No. 5:15-cv-01001-D (W.D. Okla., September 14, 2015), arose from the Defendants failure to act solely in the interest of the Plan participants and beneficiaries, and to exercise the required skill, care, prudence, and diligence in managing the Plan assets invested in the SandRidge Company Stock Fund. Sandridge Energy, Inc. is an oil and natural gas company with a principal focus on exploration and production activities in the mid-continent region of the United States. The Plaintiff is represented by: Daniel Monty Delluomo, Esq. THE LAW OFFICES OF DELLUOMO & CROW 2816 N.W. 57th Street, Suite 103 Oklahoma City, OK 73112 Telephone: (405) 843-0400 Facsimile: (405) 843-5005 E-mail: monty@delluomo.com - and - Robert I. Harwood, Esq. Tanya Korkhov, Esq. HARWOOD FEFFER LLP 488 Madison Avenue New York, NY 10022 Telephone: (212) 935-7400 Facsimile: (212) 753-3630 E-mail: rharwood@hfesq.com tkorkhov@hfesq.com SOUTH TEXAS: Faces "Granados" Suit Over Failure to Pay Overtime --------------------------------------------------------------- Alejandro Granados, Fernando Martinez, Santiago Ojeda, Alberto Martinez and Luis Santamaria v. South Texas Specialty Welders, LLC and Matias Vera, Case No. 2:15-cv-00395 (S.D. Tex., September 14, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. The Defendants are engaged in providing specialty welding services to their customers and are doing business in Texas. The Plaintiff is represented by: Gay E. Gilson, Esq. LAW OFFICE OF GAY E. GILSON 5525 S. Staples, Suite 3B Corpus Christi, TX 78411 Telephone: (361) 887-0552 Facsimile: (210) 887-0554 E-mail: gegilson@gilsonlaw.com - and - Adriaan T. Jansse, Esq. CAVARETTA, KATONA & LEIGHNER, PLLC One Riverwalk Place 700 N. St. Mary's Street, Suite 1500 San Antonio, TX 78205 Telephone: (210) 588-2901 Facsimile: (210) 588-2908 E-mail: janssea@ckf-law.com SAINT-ALPHONSE SEMINARY: Sex Abuse Victims Receive $14M Settlement ------------------------------------------------------------------ CTV News Montreal, reported that the 111 victims of the Redemptorist Order of the Saint-Alphonse Seminary in Sainte-Anne- de-Beaupre have finally received nearly $14 million in compensation. Former students who were sexually assaulted by the nine priests named in the case had until April 17 to file their claim. After a five-year battle and a long trial, the Redemptorists finally deposited $20 million into an account to compensate victims, the largest sum of ever paid in a restitution case of this kind in Quebec. After attorney fees and other expenses, victims of the Redemptorist priests will share nearly $14 million. Quebec Superior Court ruled back in July 2014 that the Redemptorist Order will have to pay at least $75,000 in damages to each victim who attended the Saint-Alphonse Seminary between 1960 and 1987. Ex-students came forward alleging they were assaulted while attending the now-defunct Quebec City-area school. Former student Frank Tremblay launched the suit in 2010 against the order, the school and his attacker, Rev. Raymond-Marie Lavoie. To this day, only Lavoie has been convicted of criminal charges. In 2011, he pleaded guilty to 18 counts involving 13 victims over an 11-year period from 1973 to 1984 and was sentenced to jail time. Of the nine priests named in the class-action suit, six are dead and the other three have claimed that they live below the poverty line. The judge ordered Tremblay be awarded the full amount of $150,000. Carlo Tarini, a spokesman for the Quebec Association of Victims of Priests, called Tremblay "a genuine hero" for coming forward. ST. LOUIS CITY JAILS: Mo. Judge Denies Class Cert. in "Burke" ------------------------------------------------------------- District Judge Ronnie L. White denied Plaintiff's request to certify a class under Rule 23 of the Federal Rules of Civil Procedure in the case, CALVIN BURKE, Plaintiff, v. ST. LOUIS CITY JAILS, et al., Defendants, NO. 4:14CV2107 RLW (E.D. Mo.). The Court said, "Prose parties may not bring class action suits in the federal courts. Under Rule 23(a)(4), a class representative must "fairly and adequately protect the interests of the class." Plaintiff is not qualified to do so. Additionally, a litigant may bring his own claims to federal court without counsel, but not the claims of others. See 28 U.S.C. Sec. 1654; see also 7A Wright, Miller & Kane, Federal Practice and Procedure: Civil 3d Sec. 1769.1 ("class representatives cannot appear prose.")." A copy of the Court's Sept. 15 Memorandum and Order is available at http://is.gd/qyrAzpfrom Leagle.com. STAR OF TEXAS: Faces "Deutsh" Suit Alleging ADA Violations ---------------------------------------------------------- John Deutsh v. Star of Texas Credit Union, Case No. 1:15-cv-00651 (W.D. Tex., July 31, 2015) alleges that the Defendant refused to provide the Plaintiff and others similarly situated with sufficient Americans with Disabilities Act-compliant parking in the parking lot that serves the Company. Mr. Deutsh is a paraplegic with no use of his legs, and uses a wheelchair for mobility. Star of Texas Credit Union operates the Star of Texas Credit Union Austin retail banking center located in Austin, Texas. Star of Texas Credit Union is a Texas Financial Institution headquartered in Austin. The Plaintiff is represented by: Omar W. Rosales, Esq. THE ROSALES LAW FIRM, LLC PO BOX 6429 Austin, TX 78762-6429 Telephone: (512) 520-4919 Facsimile: (512) 309-5360 E-mail: talon_eye@yahoo.com SUMO GLASS: Faces "Castrellon" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Concepcion Castrellon, individually and on behalf of other individuals similarly situated v. Sumo Glass, Inc. and Does 1 through 25, Case No. BC594397 (D. Cal., September 14, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. The Plaintiff is represented by: Young W. Ryu, Esq. Lisa A. Hill, Esq. LAW OFFICE OF YOUNG W. RYU A PROFESSIONAL LAW CORPORATION 9595 Wilshire Blvd, Suite 900 Beverly Hills, CA 90212 Telephone: (888) 365-8686 Facsimile: (800) 576-1170 E-mail: young.ryu@ywrlaw.com lisa.hill@ywrlaw.com SUPERIOR HOME: Sued Over Failure to Pay Nurses Overtime Wages ------------------------------------------------------------- Tracie McCann, on behalf of herself and all others similarly situated v. Superior Home Health Services, LLC and Superior Home Health Of San Antonio, LLC, Case No. 5:15-cv-00804 (W.D. Tex., September 14, 2015), is brought against the Defendants for failure to pay its licensed vocational nurses overtime for the hours they work over 40 each week. The Defendants provide home health and hospice care throughout San Antonio, the Rio Grande Valley, and the Las Vegas, Nevada area. The Plaintiff is represented by: Lawrence Morales II, Esq. Allison S. Hartry, Esq. THE MORALES FIRM, P.C. 115 E. Travis, Suite 1530 San Antonio, TX78205 Telephone: (210) 225-0811 Facsimile: (210) 225-0821 E-mail: lawrence@themoralesfirm.com ahartry@themoralesfirm.com TWITTER INC: Accused of Wrongful Conduct Over Users Messages ------------------------------------------------------------ Wilford Raney, individually and on behalf of all others similarly situated v. Twitter, Inc., Case No. 3:15-cv-04191 (N.D. Cal., September 14, 2015), seeks to stop the Defendant's practice of systematically intercepting, reading, and altering the private messages of its users without their knowledge or consent. Twitter, Inc. owns and operates the social network where users create, read, and share short, 140-character messages called "tweets." The Plaintiff is represented by: Samuel M. Lasser, Esq. EDELSON PC 1934 Divisadero Street San Francisco, CA 94115 Telephone: (415) 994-9930 Facsimile: (415) 776-8047 E-mail: slasser@edelson.com - and - Rafey S. Balabanian, Esq. Alexander T.H. Nguyen, Esq. Amir C. Missaghi, Esq. EDELSON PC 350 North LaSalle Street, Suite 1300 Chicago, IL 60654 Telephone: (312) 589-6370 Facsimile: (312) 589-6378 E-mail: rbalabanian@edelson.com anguyen@edelson.com amissaghi@edelson.com TY WELLNESS: Sued in Cal. Over Negligent Acupuncture Treatments --------------------------------------------------------------- Veronica Cordova v. T.Y. Wellness Center, et al., Case No. BC594451 (D. Cal., September 14, 2015), is an action for damages as a proximate result of the Defendant's alleged negligent acupuncture treatments. T.Y. Wellness Center owns and operates a medical facility in Los Angeles, California. The Plaintiff is represented by: Mauro Fiore Jr., Esq. LAW OFFICES OF MAURO FIORE, JR. 1901 West Pacific Ave. #260 West Covina, CA 91790 Telephone: (626) 856-5856 Facsimile: (626) 869-1001 UNITED AIRLINES: Sued Over Early Out Program Lump Sum Payment ------------------------------------------------------------- Jerome Scarber v. United Airlines, Inc., et al., Case No. 2015L009407 (D. Ill., September 14, 2015), is an action for damages as a result of the Defendant's unlawful denial of the Plaintiff's Early Out Program lump sum payment of $100,000.00. United Airlines, Inc. is a national, as well as an international airline, and is an Illinois corporation located in Cook County, State of Illinois. The Plaintiff is represented by: Noel T. Wroblewski, Esq. 1349 N. Artesian Ave., #3 Chicago, IL 60622 Telephone: (773) 278-9146 Facsimile: (773) 278-9346 E-mail: noel.wroblewski@yahoo.com UNITEDHEALTHCARE INC: 7th Cir. Revives "Meinders" Junk Fax Suit --------------------------------------------------------------- Circuit Judge William Joseph Bauer of the United States Court of Appeals, Seventh Circuit, reversed a district court's order granting Defendants' motions to dismiss in the case captioned, DR. ROBERT L. MEINDERS, D.C., LTD., individually and as the representative of a class of similarly-situated persons, Plaintiff-Appellant, v. UNITEDHEALTHCARE, INC., et al., Defendants-Appellees, Case No. 14-3668. In April 2014, Meinders filed a putative class action lawsuit against United in Illinois state court. The complaint alleged that, at some point in 2013, United sent him and a number of similarly-situated persons an unsolicited "junk fax" advertising United's services, which violated the Telephone Consumer Protection Act (TCPA), the Illinois Consumer Fraud and Deceptive Practices Act, 815 ILCS Sec. 505/2, and amounted to common law conversion. United removed the case to the United States District Court for the Southern District of Illinois, on the basis of federal question jurisdiction under 28 U.S.C. Sec. 1331. Once in federal court, United moved to dismiss the complaint for improper venue under Rule 12(b)(3) of the Federal Rules of Civil Procedure. United argued that Meinders had entered into a "Provider Agreement" with a United-owned entity, ACN Group, Inc., in 2006, which bound him to arbitrate his "junk fax" claims in Minnesota. United claimed that the alleged "junk fax" it sent to Meinders related to the Provider Agreement, and thus fell within the purview of the arbitration clause, because it provided Meinders with information about new technology designed to assist United providers in recouping payments from patients. Meinders contends that United was neither a party nor signatory to the Provider Agreement and, therefore, that it could not enforce the agreement's arbitration provision. The district court granted United's motion to dismiss for improper venue under Federal Rule of Civil Procedure 12(b)(3) and determined that United, although not a signatory to the Provider Agreement, was entitled to enforce the agreement's arbitration clause on the ground that it "assumed important obligations under the Provider Agreement such as ACN Group's obligation to coordinate and transmit payments to providers such as Meinders." On appeal, Meinders contends that the district court denied him due process by entering judgment against him on factual and legal issues to which he did not have a full and fair opportunity to respond. In the Order dated September 1, 2015 available at http://is.gd/ktkNRufrom Leagle.com, Judge Bauer held that the district court deprived Meinders due process by entering judgment against him on law and facts to which he did not have a full and fair opportunity to respond. The Seventh Circuit remanded the matter to the district court where factual issues may be more appropriately addressed in the first instance. On remand, the district court should permit discovery to the extent necessary to allow Meinders to submit a full response to Van Ham's declaration and United's assumption theory. US FOODS: Faces Suit in Colorado for Gender Discrimination ---------------------------------------------------------- Kimberly Hastings v. US Foods, Inc., Case No. 1:15-cv-01650-MJW (D. Colo., July 31, 2015) alleges gender discrimination and violation of the Equal Pay Act. Ms. Hastings worked at US Foods from February 2006 through May 1, 2015. She is a resident of Denver, Colorado. U.S. Foods, Inc. is a Delaware corporation doing business in Colorado as a foreign corporation. The Plaintiff is represented by: Claire Munger, Esq. HKM EMPLOYMENT ATTORNEYS LLP 1444 Blake Street Denver, CO 80202 Telephone: (303) 883-6933 Facsimile: (303) 292-1956 E-mail: cmunger@hkm.com WERNER ENTERPRISES: "Smith" Suit Moved From Calif. to Nebraska -------------------------------------------------------------- The class action lawsuit styled Smith v. Werner Enterprises, Inc., Case No. 3:15-cv-02978, was transferred from the U.S. District Court for the Northern District of California to the U.S. District Court for the District of Nebraska (Omaha). The Nebraska District Court Clerk assigned Case No. 8:15-cv-00287 to the proceeding. The lawsuit arose from labor-related issues. The Plaintiff is represented by: William D. Turley, Esq. David T. Mara, Esq. TURLEY LAW FIRM 7428 Trade Street San Diego, CA 92121 Telephone: (619) 234-2833 Facsimile: (619) 234-4048 E-mail: bturley@turleylawfirm.com The Defendant is represented by: Scott M. Lidman, Esq. Ian Maher, Esq. John K. Lilly, Esq. LITTLER, MENDELSON LAW FIRM 2049 Century Park East, Suite 500 Los Angeles, CA 90067 Telephone: (310) 553-0308 Facsimile: (310) 553-5583 E-mail: slidman@littler.com imaher@littler.com WORK OUT WORLD: Accused of Violating Communications Act in N.J. --------------------------------------------------------------- Noreen Susinno, individually and of behalf of all others similarly situated v. Work Out World, Inc. and John Does 1-25, Case No. 3:15-cv-05881-PGS-TJB (D.N.J., July 30, 2015) alleges violations of the Communications Act of 1934. The Plaintiff is represented by: Ari Hillel Marcus, Esq. MARCUS ZELMAN LLC 1500 Allaire Avenue, Suite 101 Ocean, NJ 07712 Telephone: (732) 695-3282 Facsimile: (732) 298-6256 E-mail: ari@marcuszelman.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. Marion Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala, Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2015. 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 202-362-8552. * * * End of Transmission * * *