/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/151222.mbx C L A S S A C T I O N R E P O R T E R Tuesday, December 22, 2015, Vol. 17, No. 254 Headlines A-1 PARTY: Faces "Ortiz-Gonzalez" Suit Over Failure to Pay OT ANTHEM INSURANCE: "Mertlich" Suit Removed to W.D. Wash. Ct. AVER LLC: "Salazar" Suit Seeks Damages Under FLSA BALDA C BREWER: Doesn't Properly Pay Employees, Action Claims BESTMED LLC: Recalls Digital Temple Thermometers BIRD BOWL: Faces "Gomez" Suit for ADA Violation BOSTON SCIENTIFIC: Recalls Chariot(TM) Guiding Sheath Products BRAVO PET: Recalls Chicken Blend Diet For Dogs & Cats CLUB LUCKY: Sued in Cal. Over Unlawful Termination Policies COOK COUNTY, IL: Illegally Collects Motion Filing Fee, Suit Says DIAMOND FOODS: Faces "Johnson" Suit Over Snyder's Prop. Takeover DIVERSIFIED ADJUSTMENT: Illegally Collects Debt, Suit Claims DYAX CORP: Faces "Ford" Suit in Del. Over Proposed Sale to Shire FIRST NIAGARA: Faces "Ira" Suit Over Proposed KeyCorp Merger FLOTEK INDUSTRIES: Schonder Files Securities Class Action FMA ALLIANCE: Illegally Collects Debts, "Romeo" Action Claims FULTON COUNTY, GA: Sued Over Alleged Illegal Detention GENERAL MILLS: "Longo" Class Suit Removed to E.D. New York GENTEK INC: City of Greensboro Alleges Sherman Act Violations HARDEE'S FOOD: "Werkmeister" Suit Removed to D. South Carolina INFRASTRUCTURE REPAIR: Sued Over Failure to Pay Travel Time INTERLINE EMPLOYEE: "Garcia" Seeks to Recover Unpaid Wages JEM RAW: Recalls Nut Butter Spread Products Due to Salmonella KRYPTON PEST: Faces "Gonzalez" Suit Over Failure to Pay Overtime LUX BUS: Faces "Barnes" Suit Over Failure to Pay Overtime Wages MAGARRO FARMS: Faces "Rocha" Suit Over Failure to Pay Overtime MK LANDSCAPING: Faces "Aquino" Suit Over Failure to Pay Overtime NATIONAL RETAIL: Faces "Limon" Suit Over Failure to Pay Overtime PACIFIC SPECIALTY: Sued in Cal. Over Repair Cost Claims Denial PERSONNEL STAFFING: "Campos" Suit Alleges FLSA Violations RITE AID: Faces "Abadi" Suit Over Proposed Sale to Walgreens RITE AID: Faces "Depietro" Suit Over Proposed Sale to Walgreens SIENTRA INC: Faces "Kleiman" Suit Over Misleading Fin'l Report SMITH & WOLLENSKY: McDonald Suit Seeks to Recover Unpaid OT Wages SOLERA HOLDINGS: Sued in Delaware Over Proposed Sale to Vista STAMM THEATRES: Sued Over Failure to Repair Unit Defects STAPLES INC: Sued Over Americans with Disabilities Act Violation SUNTIME ENERGY: Has Made Unsolicited Calls, "Weisberg" Suit Says TAISHAN GYPSUM: Brook Files Suit Over Problematic Drywall TITEFLEX CORPORATION: "Roy" Class Suit Removed to D. Maryland THE SPOT: Fails to Pay Workers Overtime, "Dzotsenidze" Suit Says TIO LUIS TACOS: "Rodriguez" Suit Alleges FLSA Violation TOURIST PROMOTION: Faces "Beverly" Suit Over Failure to Pay OT TRS RECOVERY: Illegally Collects Debt, "Schuler" Suit Claims UBER TECHNOLOGIES: "Fisher" Suit Removed to W.D. Washington USHA MIAMI: "Sandhu" Suit Seeks to Recover Unpaid Overtime Wages UV LOGISTICS: "Griffis" Suit Alleges FLSA Violations VMWARE INC: Faces "Ford" Suit Over Proposed Denali Merger VOLKSWAGEN GROUP: "Bruno" Suit Seeks Damages Over Defeat Device VOLKSWAGEN GROUP: "Bryan" Suit Seeks Damages Over Defeat Device ********* A-1 PARTY: Faces "Ortiz-Gonzalez" Suit Over Failure to Pay OT ------------------------------------------------------------- Jorge Ortiz-Gonzalez v. A-1 Party Rental Center and Does 1 through 100, inclusive, Case No. CIV536269 (Cal. Super. Ct., November 17, 2015) is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. A-1 Party Rental Center operates a party rental business from its principal place of business at 2529 Broadway Street, Redwood City, San Mateo County, California. The Plaintiff is represented by: Mark L. Venardi, Esq. Martin Zurada, Esq. VENARDI ZURADA LLP 700 Ygnacio Valley Road, Suite 300 Walnut Creek, CA 94596 Telephone: (925) 937-3900 Facsimile: (925) 937-3905 E-mail: mzurada@vefirm.com ANTHEM INSURANCE: "Mertlich" Suit Removed to W.D. Wash. Ct. ----------------------------------------------------------- The class action lawsuit captioned Jennifer Mertlich, individually and on behalf of other similarly situated persons v. Anthem Insurance Companies, Inc., Case No. 15-00002-24745-0, was removed from the King County Superior Court to the U.S. District Court for the Western District of Washington (Seattle). The District Court Clerk assigned Case No. 2:15-cv-01783-JPD to the proceeding. The case claims insurance-related claims. Anthem Insurance Companies, Inc. operates a health insurance company headquartered in Indianapolis, Indiana. The Plaintiff is represented by: Albert H. Kirby, Esq. SOUND JUSTICE LAW GROUP PLLC 93 S. Jackson Street #63230 Seattle, WA 98104-2818 Telephone: (206) 489-3210 E-mail: ahkirby@soundjustice.com - and - Bradley Jerome Moore, Esq. Catherine Jura Fleming, Esq. STRITMATTER KESSLER WHELAN 200 2nd Ave W, 2nd Floor Seattle, WA 98119-4204 Telephone: (206) 448-1777 Facsimile: (206) 728-2131 E-mail: brad@stritmatter.com Catherine@Stritmatter.com AVER LLC: "Salazar" Suit Seeks Damages Under FLSA ------------------------------------------------- Carlos Salazar, and all others similarly-situated v. Aver, LLC dba Aver Productions and Carmen Alemany, Case No. 1:15-cv-24345 (S.D. Fla., November 23, 2015), seeks damages against the Defendants for unpaid wages and unpaid overtime wages under the Fair Labor Standards Act. The Defendants operate a production firm in Florida. The Plaintiff is represented by: Anthony M. Georges-Pierre, Esq. REMER & GEORGES-PIERRE, PLLC 44 West Flagler St., Suite 2200 Miami, FL 33130 Tel: (305) 416-5000 Fax: (305) 416-5005 E-mail: agp@rgpattorneys.com BALDA C BREWER: Doesn't Properly Pay Employees, Action Claims ------------------------------------------------------------- Maria Estela Soria Madrigal, individually and on behalf of all others similarly situated v. Balda C Brewer, Inc., and Does 1-50, inclusive, Case No. 30-2015-00820218-CU-OE-CXC (Cal. Super. Ct., November 16, 2015) is brought against the Defendants for failure to accurately calculate and pay hourly and overtime wages. Balda C Brewer, Inc. operates a precision plastic mold and design and manufacturing company operating in Orange County and throughout the State of California. The Plaintiff is represented by: James R. Hawkins, Esq. Christina M. Lucio, Esq. JAMES HAWKINS APLC 9880 Research Drive, Suite 200 Irvine, CA 92618 Telephone: (949) 387-7200 Facsimile: (949) 387-6676 BESTMED LLC: Recalls Digital Temple Thermometers ------------------------------------------------ Bestmed, LLC, a medical device distributor, initiated a nationwide recall of the Digital Temple Thermometer Model No. KD-2201 manufactured by K-Jump Health Co., Ltd, featuring lot numbers S/N: 3612 through S/N: 3715, which were sold between October 2012 until the start of the recall in November 2015. Some Digital Temple Thermometers contain a manufacturing problem causing the affected thermometers to display temperatures that are inaccurate and lower than actual body temperatures, which potentially may cause the user or caregiver of the user to delay or forego seeking appropriate care (generally an over-the-counter fever reduction medication) or receive more care than appropriate, when relying solely on the temperature display on the thermometer. Consumers who have a Digital Temple Thermometer should immediately stop using the device. Consumers may return the thermometer to Bestmed for a replacement thermometer. The following model number(s) have been recalled: --- KD-2201 (Note: Model KD-2201L is not subject to this recall action) The Digital Temple Thermometer is a hand-held thermometer and can be identified by the DTT(TM) logo on the face, as shown below: The back of the thermometer has a label with the KD-2201 designation as shown below. The slash-mark (/) is not part of the model number. The lot number may be found on the bottom of the back label, immediately after the designation "S/N:". In the picture below, the lot number is S/N: 3113. Bestmed voluntarily initiated the recall after becoming aware of the inaccurate temperature readings by the Digital Temple Thermometer, and confirming the source of the performance problem with the manufacturer, K-Jump Health Co., Ltd. The Digital Temple Thermometer was distributed throughout the United States for direct sale and resale through consumer retail stores, and through consumer retail stores in Canada under the following packaging labels: Bestmed Good Neighbor Kroger Medline Meijer Premier Value Safeway Life Brand Target Top Care Best Choice (Value Merchandise) Western Family To arrange for the return and replacement of the thermometer or to ask questions, consumers should contact the Bestmed via telephone at (877) 299-6700, facsimile at (303) 271-0163, or email at DTTRecall@bestmedusa.com, at any time. Our office is available Monday through Friday 9:00 AM to 7:30 PM, Eastern Time to speak with a consumer support specialist, and all messages and email will be responded to promptly. Adverse reactions or quality problems experienced with the use of this product may be reported to the FDA's MedWatch Adverse Event Reporting program either online, by regular mail or by fax: Complete and submit the report Online: www.fda.gov/medwatch/report.htm Regular Mail or Fax: Download form www.fda.gov/MedWatch/getforms.htm or call 1-800-332-1088 to request a reporting form, then complete and return to the address on the pre-addressed form, or submit by fax to 1-800-FDA-0178 Pictures of the Recalled Products available at: http://is.gd/wTdtMt BIRD BOWL: Faces "Gomez" Suit for ADA Violation ----------------------------------------------- Andres Gomez, individually and on behalf of all others similarly situated v. Bird Bowl Investments LLP, Case No. 1:15-cv-24250 (S.D. Fla., November 13, 2015) is brought against the Defendant for violation of the Americans with Disabilities Act. Bird Bowl Investments LLP operates a bowling alley located at 9275 SW 40th St, Miami, FL 33165. The Plaintiff is represented by: Carlos R. Diaz, Esq. STEWART, MURRAY & ASSOC. LAW GROUP, LLC 437 Grant Street, Suite 600 Pittsburgh, PA 15219 Telephone: (412) 765-3345 Facsimile: (412) 765-3346 E-mail: cdiaz@smalawgroup.com BOSTON SCIENTIFIC: Recalls Chariot(TM) Guiding Sheath Products -------------------------------------------------------------- Boston Scientific (NYSE: BSX) has voluntarily recalled the Chariot(TM) Guiding Sheath globally. These devices are intended for the introduction of interventional devices during peripheral vascular procedures, and were recalled on November 19th due to the risk of shaft separation. The U.S. Food and Drug Administration (FDA) has classified the action as a Class-1 recall. To date, Boston Scientific has received fourteen complaints for shaft separation, four of which involved separation of the distal shaft. These events occurred during device preparation or use. The most severe outcome of this failure is embolism of device fragments, which could lead to obstruction of blood flow or additional intervention to remove a device fragment. Obstruction of blood flow can result in injuries such as stroke, kidney damage or damage to the intestines or limbs. To date, no permanent injuries or patient deaths have been reported. All affected healthcare facilities were previously advised to immediately discontinue use of affected devices and return unused Chariot Guiding Sheaths to Boston Scientific. Additionally, physicians are encouraged to contact all patients who have undergone procedures involving Chariot to confirm their post- procedure status, as device shaft separation and embolized fragments may not have been recognized at the time of the procedure. The recall affects all UPNs of the Chariot Guiding Sheaths. Customers have been advised to remove the affected recalled product from inventory and return it to Boston Scientific. H74939277645110 H74939277745110 H74939277845110 --------------- --------------- --------------- H74939277690210 H74939277665110 H74939277790110 H74939277690220 H74939277690110 H74939277865110 H74939277845210 H74939277765110 H74939277545210 H74939277745210 H74939277545110 H74939277790220 H74939277645210 H74939277690120 H74939277665120 H74939277645220 H74939277765120 --------------- --------------- H74939277645120 H74939277865120 H74939277745120 H74939277890120 H74939277790210 H74939277845120 H74939277790120 H74939277745220 H74939277890110 Physicians and healthcare facilities can direct questions to their Boston Scientific representative or by calling 1-800-811-3211. Adverse reactions or quality problems experienced with the use of this product may be reported to the FDA MedWatch Adverse Event Reporting program either online, by regular mail or by fax. Complete and submit the report Online: www.fda.gov/medwatch/report.htm Regular Mail or Fax: Download form www.fda.gov/MedWatch/getforms.htm or call 1-800-332-1088 to request a reporting form, then complete and return to the address on the pre-addressed form, or submit by fax to 1-800-FDA-0178 or Health care professionals and consumers may report serious adverse events or product quality problems with the use of this product to Boston Scientific by calling 1-800-811-3211 and to the FDA's MedWatch Adverse Event Reporting program either online, by regular mail, fax or phone. BRAVO PET: Recalls Chicken Blend Diet For Dogs & Cats ----------------------------------------------------- Bravo Pet Foods of Manchester, CT is recalling a select lot of Bravo Chicken Blend diet for dogs & cats with a best used by date of 11/13/16 due to concerns of the possible presence of Salmonella. Out of an abundance of caution, Bravo is also recalling three additional items that did not test positive for Salmonella, but were manufactured on the same day. Salmonella can affect animals eating the products and there is risk to humans from handling contaminated pet products, especially if they have not thoroughly washed their hands after having contact with the products or any surfaces exposed to these products. Healthy people infected with Salmonella should monitor themselves for some or all of the following symptoms: nausea, vomiting, diarrhea or bloody diarrhea, abdominal cramping and fever. Rarely, Salmonella can result in more serious ailments, including arterial infections, endocarditis, arthritis, muscle pain, eye irritation, and urinary tract symptoms. Consumers exhibiting these signs after having contact with this product should contact their healthcare providers. Always use proper caution when handling raw foods. Pets with Salmonella infections may be lethargic and have diarrhea or bloody diarrhea, fever, and vomiting. Some pets will have only decreased appetite, fever and abdominal pain. Infected but otherwise healthy pets can be carriers and infect other animals or humans. If your pet has consumed the recalled product and has these symptoms, please contact your veterinarian. These products were sold to distributors, retail stores, internet retailers, and directly to consumers in the U.S. The following product is being voluntarily recalled because of the possible presence of Salmonella . Product Item # Size Best Used by Date UPC ------- ------ ---- ----------------- --- Bravo Blend 21-102 2 lb. 11-13-16 829546211028 Chicken diet (32oz.) for dogs & chub cats - chub The recall was initiated after routine testing of a 2 lb. chub of Bravo Chicken Blend diet for dogs and cats (Item #21-102) by the Colorado State Department of Agriculture, collected at a single retailer, revealed the presence of Salmonella. Two hundred and one cases of this product were sold to distributors, retail stores, and directly to consumers in the U.S. between 11/21/14 and 1/15/15. Out of an abundance of caution, Bravo is also recalling three additional items that did not test positive for Salmonella, but were manufactured on the same day: 250 cases of Bravo Blend Chicken diet for dogs & cats - 5 lb. chubs only, 8 cases of Bravo Blend Turkey diet for dogs & cats - 8 oz. patties only and 60 cases of Bravo Balance Turkey diet for dogs - 4 oz. patties only. These products DID NOT test positive for Salmonella, but are also being voluntarily recalled out of an abundance of caution. Product Item # Size Best Used by Date UPC ------- ------ ---- ----------------- --- Bravo Blend 21-105 5 lb. 11-13-16 829546211059 Chicken diet (90 oz.) for dogs & chub cats - chub Bravo Blend 31-508 5 lb. 11-13-16 8829546315085 Turkey diet bag of for dogs & 8 oz. cats - patties patties Bravo Balance 31-401 3 lb. 11-13-16 829546314019 Turkey diet bag of for dogs - 4 oz. patties patties No additional products are affected by this recall. The company has received no reports to date of illness in either people or animals associated with these products. All products tested negative by a third party independent laboratory prior to release for distribution and sale to consumers. The recalled product should not be sold or fed to pets. Pet owners who have the affected product at home should dispose of this product in a safe manner (example: a securely covered trash receptacle). To submit a claim, pet owners should return to the store where they bought the product. To get a refund at the store where you bought the product: Customers should return to the store where they purchased the product and submit the Bravo Recall Claim Form available on the Bravo website, http://www.bravopetfoods.com/consumerrecall.htmldisclaimericon, for a full refund or store credit. See Bravo Product Claim Form for details. More information on the Bravo recall can also be found at www.bravopetfoods.comdisclaimer icon, or call toll free (866) 922- 9222 Monday through Friday 9:00 am to 4:00 pm (EST). Pictures of the Recalled Products available at: http://is.gd/HEABH7 CLUB LUCKY: Sued in Cal. Over Unlawful Termination Policies ----------------------------------------------------------- Wendy Morales v. Club Lucky Presents, Inc. d/b/a The Velvet Lounge, et al., Case No. 30-2015-00820807-CU-WT-CJC (Cal. Super. Ct., November 18, 2015) arises out of the Defendants' alleged unlawful harassment, discrimination and termination practices. Club Lucky Presents, Inc. owns and operates a bar and nightclub in the city of Santa Ana. The Plaintiff is represented by: Devon M. Lyon, Esq. LYON LEGAL 2698 Junipero Ave., Suite 201A Signal Hill, CA 907 55 Telephone: (562) 216-7382 Facsimile: (562) 216-7385 E-mail: d.lyon@lyon-legal.com COOK COUNTY, IL: Illegally Collects Motion Filing Fee, Suit Says ---------------------------------------------------------------- Midwest Medical Records Association, Inc., individually and on behalf of all others similarly situated v. Dorothy Brown, Maria Pappas, and Cook County, Illinois, Case No. 2015CH16986 (Ill. Ch. Ct. November 19, 2015) arises out of the Defendants' unlawful charging and collection of a fee for filing a motion or petition to reconsider, vacate or modify interlocutory orders in the Circuit Court. Cook County, Illinois is a county in the State of Illinois, a body politic and corporate. Dorothy Brown is the Clerk of the Circuit Court of Cook County. Maria Pappas is the Treasurer of Cook County. The Plaintiff is represented by: Alan R. Borlack, Esq. BAILEY BORLACK NADELHOFFER LLC 135 South LaSalle, Suite 3950 Chicago, IL 60603 Telephone: (312) 629-2700 E-mail: aborlack@bbn-law.com DIAMOND FOODS: Faces "Johnson" Suit Over Snyder's Prop. Takeover ---------------------------------------------------------------- David Johnson, individually and on behalf of all others similarly situated v. Diamond Foods, Inc., et al., Case No. 11721 (Del. Ch. Ct., November 18, 2015) is brought on behalf of all the public stockholders of Diamond Foods, Inc., to enjoin the proposed acquisition of the publicly owned shares of Diamond Foods by Snyder's-Lance, Inc., through a flawed process and inadequate considerations. Diamond Foods, Inc. is a snack food and culinary nut company focused on making innovative, convenient and delicious snacks as well as culinary nuts. Snyder's-Lance, Inc. is a snack food company that is engaged in the manufacturing, distribution, marketing and sale of snack food products. The Plaintiff is represented by: James R. Banko, Esq. Derrick B. Farrell, Esq. FARUQI & FARUQI, LLP 20 Montchanin Road, Suite 145 Wilmington, DE 19807 Telephone: (302) 482-3182 E-mail: jbanko@faruqilaw.com dfarrell@faruqilaw.com - and - Juan E. Monteverde, Esq. Innessa S. Melamed, Esq. FARUQI & FARUQI, LLP 369 Lexington Avenue, 10th Fl. New York, NY10017 Telephone: (212) 983-9330 Facsimile: (212) 983-9331 E-mail: jmonteverde@faruqilaw.com imelamed@faruqilaw.com DIVERSIFIED ADJUSTMENT: Illegally Collects Debt, Suit Claims ------------------------------------------------------------ Virginia Gilmore, on behalf of herself and all others similarly situated v. Diversified Adjustment Service, Inc., et al., Case No. 2:15-cv-01492 (W.D. Pa., November 15, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Diversified Adjustment Service, Inc. operates a debt collection firm in Pennsylvania. The Plaintiff is represented by: Mark G. Moynihan, Esq. MOYNIHAN LAW 112 Washington Pl Ste 1-N Pittsburgh, PA 15219 Telephone: (412) 889-8535 Facsimile: (800) 997-8192 E-mail: mark@moynihanlaw.net DYAX CORP: Faces "Ford" Suit in Del. Over Proposed Sale to Shire ---------------------------------------------------------------- Brian T. Ford, on behalf of himself and all others similarly situated v. Dyax Corp., et al., Case No. 11712 (Del. Ch. Ct., November 17, 2015) is brought on behalf of all the public stockholders of Dyax Corp., to enjoin a proposed transaction announced on November 2, 2015, pursuant to which Dyax will be acquired by Shire plc and its affiliates. Dyax Corp. is a biopharmaceutical company that focuses on developing and commercializing novel therapies for patients with rare diseases. The Plaintiff is represented by: Seth D. Rigrodsky, Esq. Brian D. Long, Esq. Gina M. Serra, Esq. Jeremy J. Riley, Esq RIGRODSKY & LONG, P.A. 2 Righter Parkway, Suite 120 Wilmington, DE 19803 Telephone: (302) 295-5310 E-mail: sdr@rl-legal.com bdl@rl-legal.com gms@rl-legal.com jjr@rl-legal.com FIRST NIAGARA: Faces "Ira" Suit Over Proposed KeyCorp Merger ------------------------------------------------------------ Howard L. Grossman Rollover Ira, individually and on behalf of all others similarly situated v. First Niagara Financial Group, Inc., et al., Case No. 11710 (Del. Ch. Ct., November 17, 2015) is brought on behalf of all the public shareholders of First Niagara Financial Group, Inc. to enjoin the proposed merger of First Niagara with KeyCorp via an unfair and uninformed process. First Niagara Financial Group, Inc. provides a range of retail and commercial banking, as well as other financial services through its wholly owned bank subsidiary, First Niagara Bank, N.A. KeyCorp is a bank holding company that operates through its subsidiary, KeyBank National Association, which is engaged in providing banking services. The Plaintiff is represented by: Robert D. Goldberg, Esq. BIGGS AND BATTAGLIA 921 N Orange St. Wilmington, DE 19801 Telephone: (302) 655-9677 - and - Aaron Brody, Esq. Michael Klein, Esq. STULL, STULL & BRODY 6 East 45th Street New York, NY 10017 Telephone: (212) 687-7230 Facsimile: (212) 490-2022 E-mail: abrody@ssbny.com mklein@ssbny.com FLOTEK INDUSTRIES: Schonder Files Securities Class Action --------------------------------------------------------- Michael Schonder, Kim Werba, and all others similarly-situated v. Flotek Industries, Inc., John W. Chisholm, H. Richard Walton, and Robert M. Schmitz, Case No. 4:15-cv-03432 (S.D. Tex., November 23, 2015), is brought against the Defendants for violations of the Securities Exchange Act of 1934. This is a federal securities class action on behalf of all investors who purchased or otherwise acquired Defendant Flotek Industries common stock between October 23, 2014 through November 9, 2015, inclusive. Flotek Industries, Inc., is a Delaware corporation with its principal place of business in Houston, Texas. The Company trades on the NYSE stock exchange under the ticker symbol "FTK", and claims that it is a "global developer and distributor of a portfolio of oilfield technologies, including specialty chemicals and down-hole drilling and production equipment." The Individual Defendants are officers of Flotek Industries. The Plaintiffs are represented by: Willie C. Briscoe, Esq. THE BRISCOE LAW FIRM, PLLC 8150 North Central Expressway, Suite 1575 Dallas, TX 75206 Tel: (214) 239-4568 Fax: (281) 254-7789 E-mail: wbriscoe@thebriscoelawfirm.com FMA ALLIANCE: Illegally Collects Debts, "Romeo" Action Claims ------------------------------------------------------------- Louis Romeo, Christopher Motz, and Deborah Arpino, individually and on behalf of all others similarly situated v. FMA Alliance, Ltd., Case No. 2:15-cv-06524 (E.D.N.Y., November 13, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. FMA Alliance, Ltd. operates an accounts receivable management company in New York. The Plaintiff is represented by: Craig B. Sanders, Esq. BARSHAY SANDERS, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Telephone: (516) 203-7600 Facsimile: (516) 706-5055 E-mail: csanders@sanderslawpllc.com FULTON COUNTY, GA: Sued Over Alleged Illegal Detention ------------------------------------------------------ Oswald Thompson, Jr., individually and on behalf of all others similarly situated v. Sheriff Theodore Jackson, Fulton County, Georgia, and John Doe Defendants, Case No. 2015CV268206 (D. Ga., November 16, 2015) is brought against the Defendants for the false arrest and false imprisonment of inmates at the Fulton County Jail in November of 2014. Fulton County, Georgia is a county in the State of Georgia. The Plaintiff is represented by: Jessica Stern, Esq. STERN Law, LLC 1100 Spring Street, NW, Suite 460 Atlanta, GA 30309 Telephone: (404) 990-4112 Facsimile: (404) 990-4936 E-mail: Jessica@sternlawfirm.us - and - Mark Begnaud, Esq. Nathanael A. Horsley, Esq. HORSLEY BEGNAUD, LLC 750 Hammond Drive, Building 12, Suite 300 Atlanta, GA 30328 Telephone: (770) 765-5559 E-mail: mbegnaud@gacivilrights.com nhorslev@gacivilrights.com GENERAL MILLS: "Longo" Class Suit Removed to E.D. New York ---------------------------------------------------------- Darlene Longo, individually and on behalf of all others similarly situated v. General Mills, Inc., et al., Case No. 610861/2015, was removed from the New York State Supreme Court, County of Suffolk to the U.S. District Court Eastern District of New York (Central Islip). The District Court Clerk assigned Case No. 2:15-cv-06527- JFB-SIL to the proceeding. The Plaintiff asserts product liability claims. General Mills, Inc. is a manufacturer and marketer of branded consumer foods sold through retail stores. The Plaintiff is represented by: Marie Napoli, Esq. NAPOLI LAW PLLC 1301 Avenue of the Americas, 10th Flr. New York, NY 10019 Telephone: (212) 397-1000 The Defendant is represented by: Manny Joseph Caixeiro, Esq. PERKINS COIE LLP 30 Rockefeller Plaza, 22nd Floor New York, NY 10112 Telephone: (212) 262-6900 Facsimile: (212) 977-1649 E-mail: mcaixeiro@perkinscoie.com GENTEK INC: City of Greensboro Alleges Sherman Act Violations ------------------------------------------------------------- City of Greensboro, and all others similarly-situated v. Frank A. Reichl; General Chemical Corporation; General Chemical Performance Products, LLC; GenTek Inc.; Chemtrade Logistics Income Fund; Chemtrade Logistics Inc.; Chemtrade Chemicals Corporation; Chemtrade Chemicals US, LLC; and John Does 1-10, Case No. 2:15-cv- 08230 (D.N.J., November 23, 2015), seeks to recover treble damages, equitable relief, and costs of suit, including reasonable attorneys' fees, against the Defendants for violations of Sections 1 and 3 of the Sherman Act. The Plaintiff alleges that during the Class Period, defendants conspired, combined and contracted to fix, raise, maintain and stabilize prices at which liquid aluminum sulfate would be sold. According to the complaint, defendants met, discussed each other's aluminum sulfate businesses, discussed prices to be quoted or bid to customers, and divided up customers among themselves. Defendants are manufacturers and distributors of liquid aluminum sulfate used primarily by municipalities in potable water and wastewater treatment and by pulp and paper manufacturers as part of their manufacturing processes. Liquid aluminum sulfate is also used for algae control in lakes and ponds, to fix dyes to fabrics and textiles, and by poultry houses as a litter amendment for ammonia control. The Plaintiff is represented by: Carlo Scaramella, Esq. LAW OFFICES OF CARLO SCARAMELLA, LLC 10000 Lincoln Drive East, Suite 201 Marlton, NJ 08053 Tel: (856) 914-0114 Fax: (856) 914-0117 E-mail: cs@lawofcs.com - and - Robert S. Kitchenoff, Esq. WEINSTEIN KITCHENOFF & ASHER LLC 100 South Broad Street, Suite 705 Philadelphia, PA 19110-1061 Tel: (215) 545-7200 Fax: (215) 545-6535 E-mail: Kitchenoff@WKA-Law.com - and - Robert C. Cone, Esq. TUGGLE DUGGINS P.A. 100 North Greene Street P.O. Box 2888 Greensboro, NC 27402-2888 Tel: (336) 271-5230 Fax: (336) 274-6590 E-mail: rcone@tuggleduggins.com HARDEE'S FOOD: "Werkmeister" Suit Removed to D. South Carolina -------------------------------------------------------------- The class action lawsuit entitled Cody Werkmeister, individually and on behalf of all those similarly situated v. Hardee's Food Systems LLC f/k/a Hardee's Food Systems Inc., Case No. 2015-CP-42- 03982, was removed from the Spartanburg County Court of Common Pleas to the U.S. District Court District of South Carolina (Spartanburg). The District Court Clerk assigned Case No. 7:15-cv- 04598-MGL to the proceeding. The Plaintiff asserts product liability claims. Hardee's Food Systems LLC operates Hardee's fast-food restaurant chain. The Plaintiff is represented by: Brett E. Dressler, Esq. SELLERS HINSHAW AYERS DORTCH AND LYONS 301 S McDowell Street, Suite 410 Charlotte, NC 28204 Telephone: (704) 377-5050 E-mail: bdressler@sellersayers.com The Defendant is represented by: Charles O. Williams III, Esq. MCANGUS GOUDELOCK AND COURIE 1320 Main Street Tenth Floor Columbia, SC 29211 Telephone: (803) 779-2300 Facsimile: (803) 748-0526 E-mail: cwilliams@mgclaw.com INFRASTRUCTURE REPAIR: Sued Over Failure to Pay Travel Time ----------------------------------------------------------- Frank Callahan, on behalf of himself and all other similarly situated individuals v. Infrastructure Repair Technologies, Inc. and Jeff Ewing, Case No. 15-6362 (Mass. Cmmw., November 16, 2015) is brought against the Defendants for failure to pay its employees for all travel time when they are assigned to drive and ride in one of IRT's company vehicles. The Defendants own and operate a contracting company which provides contracting services to customers throughout the Commonwealth of Massachusetts. The Plaintiff is represented by: Matthew T. LaMothe, Esq. Paul E.X. Yasi, Esq. Brian P McNiff, Esq. FORREST, LAMOTHE, MAZOW, MCCULLOUGH, YASI & YASI, P.C. 2 Salem Green, Suite 2 Salem, MA 01970 Telephone: (617) 231-01970 E-mail: mlamothe@forrestlamothe.com pyasi@forrestlamothe.com bmcniff@forrestlamothe.com INTERLINE EMPLOYEE: "Garcia" Seeks to Recover Unpaid Wages ---------------------------------------------------------- Ramon Garcia, and all others similarly-situated v. Interline Employee Assistance Program, Inc., Robert Corrado, Kim Corrado, Kristina Corrado, Michael Kelly, and John Does #1-10, Case No. 1:15-cv-06731 (E.D.N.Y., November 23, 2015), seeks unpaid minimum wages, overtime wages and liquidated damages pursuant to the Fair Labor Standards Act. The Defendants own and operate an OASAS-licensed outpatient substance abuse program. The Plaintiff is represented by: William C. Rand, Esq. LAW OFFICE OF WILLIAM COUDERT RAND 501 Fifth Ave., 15th Floor New York, NY 10017 Tel: (212) 286-1425 Fax: (646) 688-3078 JEM RAW: Recalls Nut Butter Spread Products Due to Salmonella ------------------------------------------------------------- JEM Raw Chocolate, LLC (JEM Raw) of Bend, Oregon announced a voluntary recall of its full line of all nut butter spreads within expiry because it has the potential to be contaminated with Salmonella, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis. Health authorities, including the Food and Drug Administration (FDA), Oregon Health Authority (OHA), Oregon Department of Agriculture (ODA), Center for Disease Control (CDC) have linked the illnesses to person(s) who have consumed nut spreads, including JEM Raw products. There have been eleven (11) illnesses reported but no deaths or hospitalizations to date. In light of this investigation, and with an abundance of caution, JEM Raw has initiated a voluntary recall of all products and sizes, packaged in glass jars, and sold under brand name JEM Raw Organics. The following products are recalled: Product Name Net Weight (oz.) UPC ------------ ---------------- --- Cashew Cardamom- 1 6 09728 97861 7 Sprouted Cashew Almond Spread Cinnamon Red Maca- 1 6 09728 97862 4 Sprouted Almond Spread Hazelnut Raw Cacao- 1 6 09728 97865 5 Sprouted Hazelnut Spread Superberry Maqui 1 6 09728 97864 8 Camu - Sprouted Almond Spread Cashew Cardamom 6 6 09728 97860 0- Sprouted Cashew Almond Spread Cinnamon Red Maca- 6 6 09728 97848 8 Sprouted Almond Spread Hazelnut Raw Cacao- 6 6 09728 97857 0 Sprouted Hazelnut Spread Superberry Maqui 6 6 09728 97858 7 Camu - Sprouted Almond Spread Cashew Cardamom - 16 6 09728 97854 9 Sprouted Cashew Almond Spread Cinnamon Red Maca- 16 6 09728 97850 1 Sprouted Almond Spread Hazelnut Raw Cacao- 16 6 09728 97851 8 Sprouted Hazelnut Spread Superberry Maqui 16 6 09728 97852 5 Camu - Sprouted Almond Spread The JEM Raw recalled products were distributed nationwide in retail stores and through mail order. Products are distributed between June 2015 and November 2015. JEM Raw is working with distributors and retailers to remove these products from retail shelves. Consumers do not need to return the product to the store where it was purchased. Instead, consumers should discard any product and its container. JEM Raw will work directly with each consumer to manage replacement of its product. Additional details can be found at www.jemraw.com. Those with questions may contact JEM Raw Chocolate, LLC at (541) 728-3844 between 9am 4pm PST, Monday through Friday. Jen Moore, co-founder and CEO, said, "We are taking these steps because consumer safety is our top priority. As a health food company, our customer's health is our number one priority. Although no JEM Raw products have tested positive for Salmonella, we feel strongly that issuing a voluntary recall is the right thing to do. JEM is working closely with the FDA, ODA, and OHA to determine the root cause of the outbreak." Pictures of the Recalled Products available at: http://is.gd/YgHXdh KRYPTON PEST: Faces "Gonzalez" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Damian Gonzalez, and other similarly situated individuals v. Krypton Pest Control, Co. and Hector Rivera, Case No. 34685947 (Fla. 11th Ct., November 19, 2015) seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standard Act. The Defendants own and operate a pest control service company located at 2215 W 78th St, Hialeah, FL 33016. The Plaintiff is represented by: Anthony M. Georges, Esq. REMER & GEORGES-PIERRE, P L LC 44 West Flagler St., Suite 2200 Miami, FL 33130 Telephone: (305) 416-5000 Facsimile: (305) 416-5005 E-mail: agp@rgpattorneys.com LUX BUS: Faces "Barnes" Suit Over Failure to Pay Overtime Wages --------------------------------------------------------------- Terry Barnes, individually and on behalf of other members of the general public similarly situated v. Lux Bus America, Co. and Does 1-10, Inclusive, Case No. BC601208 (Cal. Super. Ct., November 17, 2015) is brought against the Defendants for failure to pay overtime wages in violation of the California Labor Code. The Defendants operate a tour and transportation services company in California. The Plaintiff is represented by: William B. Sullivan, Esq. Eric K. Yaeckel, Esq. Clint S. Engleson, Esq. SULLIVAN LAW GROUP, APC 2330 Third Avenue San Diego, CA 92101 Telephone: (619) 702-6760 Facsimile: (619) 702-6761 E-mail: helen@sullivanlawgroupapc.com yaeckel@sullivanlawgroupllp.com cengleson@sullivanlawgroupllp.com MAGARRO FARMS: Faces "Rocha" Suit Over Failure to Pay Overtime -------------------------------------------------------------- Manuel Rocha v. Magarro Farms & Cold Storage and Does 1 through 50, Inclusive, Case No. 30-2015-00820754-CU-OE-CJC (Cal. Super. Ct., November 18, 2015) is brought against the Defendants for failure to pay overtime wages and damages pursuant to the California Labor Code. Magarro Farms & Cold Storage operates a fruit precooling services company in California. The Plaintiff is represented by: Anthony B. Daye, Esq. THE DAYE FIRM PC 321 5th Street Huntington Beach, CA 92648 Telephone: (714) 988-9531 Facsimile: (714) 988-9531 E-mail: adaye@thedayefirm.com MK LANDSCAPING: Faces "Aquino" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Oliver Aquino, Roberto Aquino and Misael Chavez, individually and on behalf of those similarly situated v. M.K. Landscaping Inc. and Noe S. Martinez, Case No. 607489/2015 (N.Y. Sup. Ct., November 18, 2015) is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. The Defendants operate a landscaping company located at 1130 Carlls Straight Path, Huntington Station, New York 11746. The Plaintiff is represented by: Brett R. Cohen, Esq. Jeffrey K. Brown, Esq. Michael A. Tompkins, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, NY 11514 Telephone: (516) 873-9550 NATIONAL RETAIL: Faces "Limon" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Francisco Limon, on behalf of himself, all others similarly situated, and on behalf of the general public v. National Retail Transportation and Does 1-100, inclusive, Case No. RG15776483 (Cal. Super. Ct., November 18, 2015) is brought against the Defendants for failure to pay overtime wages in violation of the California Labor Code. National Retail Transportation, Inc. provides LTL trucking, store delivery, pool point distribution, and pier drayage services. The Plaintiff is represented by: William Turley, Esq. David Mara, Esq. THE TURLEY LAW FIRM, APLC 7428 Trade Street San Diego, CA 92121 Telephone: (619) 234-2833 Facsimile: (619) 234-4048 PACIFIC SPECIALTY: Sued in Cal. Over Repair Cost Claims Denial -------------------------------------------------------------- Elias Mendoza and Priscila Mendoza v. Pacific specialty Insurance Company and Does 1 through 15, Case No. CIV536273 (Cal. Super. Ct., November 17, 2015) is an action for damages as a result of the Defendant's alleged denial of claims for repair costs associated with testing for and abatement of lead and asbestos. Pacific specialty Insurance Company is a California corporation and is licensed by the California Department of Insurance to sell homeowner policies in the State of California. The Plaintiff is represented by: J. Edward Kerley, Esq. Dylan L. Schaffer, Esq. KERLEY SCHAFFER LLP 1939 Harrison Street, # 500 Oakland, CA 94612 Telephone: (510) 379-5801 Facsimile: (510) 228-0350 E-mail: edward@kslaw.us dylan@kslaw.us PERSONNEL STAFFING: "Campos" Suit Alleges FLSA Violations --------------------------------------------------------- Jose Campos, Julio Campos, and all others similarly-situated v. Personnel Staffing Group, LLC dba MVP, MVP Workforce, LLC and W2 Enterprises, LLC, Case No. 1:15-cv-10554 (N.D. Ill., November 23, 2015), is brought against the Defendants for failure to pay overtime wages in violations of the Fair Labor Standard Act and the Illinois Minimum Wage Law. The Defendants are temporary staffing agencies which specialize in providing laborers to third party client companies. The Plaintiffs are represented by: Christopher J. Williams, Esq. WORKERS' LAW OFFICE, PC 53 W. Jackson Blvd, Suite 701 Chicago, IL 60604 Tel: (312) 795-9121 RITE AID: Faces "Abadi" Suit Over Proposed Sale to Walgreens ------------------------------------------------------------ Simon Abadi, on behalf of himself and all others similarly situated v. Rite Aid Corporation, et al., Case No. 11716 (Del. Ch. Ct., November 18, 2015) is brought on behalf of all the public stockholders of Rite Aid Corporation to enjoin the proposed agreement to sell Rite Aid to Walgreens Boots Alliance, Inc., through a flawed process and inadequate consideration. Rite Aid Corporation operates drugstore chains with nearly 4,600 stores in 31 states and the District of Columbia and fiscal 2015 annual revenues of $26.5 billion. Walgreens Boots Alliance, Inc. describes itself as the first global pharmacy-led, health and wellbeing enterprise. The Plaintiff is represented by: Seth D. Rigrodsky, Esq. Brian D. Long, Esq. Gina M. Serra, Esq. Jeremy J. Riley, Esq RIGRODSKY & LONG, P.A. 2 Righter Parkway, Suite 120 Wilmington, DE 19803 Telephone: (302) 295-5310 E-mail: sdr@rl-legal.com bdl@rl-legal.com gms@rl-legal.com jjr@rl-legal.com - and - Richard A. Acocelli, Esq. Michael A. Rogovin, Esq. Kelly C. Keenan, Eesq. WEISSLAW LLP 1500 Broadway, 16th Floor New York, NY 10036 Telephone: (212) 682-3025 E-mail: racocelli@weisslawllp.com mrogovin@weisslawllp.com RITE AID: Faces "Depietro" Suit Over Proposed Sale to Walgreens --------------------------------------------------------------- Dean Depietro, individually and on behalf of all others similarly situated v. Rite Aid Corporation, et al., Case No. 11711 (Del. Ch. Ct., November 17, 2015) is brought on behalf of all the public stockholders of Rite Aid Corporation to enjoin the proposed agreement to sell Rite Aid to Walgreens Boots Alliance, Inc., through a flawed process and inadequate consideration. Rite Aid Corporation operates drugstore chains with nearly 4,600 stores in 31 states and the District of Columbia and fiscal 2015 annual revenues of $26.5 billion. Walgreens Boots Alliance, Inc. describes itself as the first global pharmacy-led, health and wellbeing enterprise. The Plaintiff is represented by: Seth D. Rigrodsky, Esq. Brian D. Long, Esq. Gina M. Serra, Esq. Jeremy J. Riley, Esq RIGRODSKY & LONG, P.A. 2 Righter Parkway, Suite 120 Wilmington, DE 19803 Telephone: (302) 295-5310 E-mail: sdr@rl-legal.com bdl@rl-legal.com gms@rl-legal.com jjr@rl-legal.com - and - Donald J. Enright, Esq. Elizabeth K. Tripodi, Esq. LEVI & KORSINSKY, LLP 1101 30th St. N.W., Suite 115 Washington, D.C. 20007 Telephone: (202) 524-4290 E-mail: denright@zlk.com etripodi@zlk.com SIENTRA INC: Faces "Kleiman" Suit Over Misleading Fin'l Report -------------------------------------------------------------- Howard Kleiman, individually and on behalf of all others similarly situated v. Sientra, Inc., et al., Case No. CIV536313 (Cal. Super. Ct., November 19, 2015) alleges that the Defendants made false and misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Sientra, Inc. is a medical aesthetics company that develops and sells medical aesthetics products to plastic surgeons, including silicone gel breast implants for use in breast augmentation and breast reconstruction procedures, breast tissue expanders, and implants for contouring purposes to various parts of the body. The Plaintiff is represented by: Ian D. Berg, Esq. Takeo A. Kellar, Esq. ABRAHAM, FRUCHTER & TWERSKY, LLP 11622 El Camino Real, Suite 100 San Diego, CA 92130 Telephone: (858) 764- 2580 Facsimile: (858) 764-2582 E-mail: tberg@aftlaw.com tkellar@aftlaw.com SMITH & WOLLENSKY: McDonald Suit Seeks to Recover Unpaid OT Wages ----------------------------------------------------------------- Michael McDonald, on behalf of himself and all others similarly situated v. Smith & Wollensky of Boston LLC, Smith & Wollensky Atlantic Wharf LLC, Case No. 15-3503 (Mass. Cmmw., November 17, 2015) seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standard Act. The Defendants own and operate a restaurant located at 260 Franklin Street, Suite 240, Boston, MA 02110. The Plaintiff is represented by: Brook S. Lane, Esq. Robert Messinger, Esq. REGAN, LANE & MESSENGER LLP 41 Winter Street, Fifth Floor Boston, MA 02108 Telephone: (774) 847-7390 Facsimile: (617) 778-9742 SOLERA HOLDINGS: Sued in Delaware Over Proposed Sale to Vista ------------------------------------------------------------- City of Warren Police and Fire Retirement System, individually and on behalf of all others similarly situated v. Solera Holdings, Inc., et al., Case No. 11713 (Del. Ch. Ct., November 17, 2015) is brought on behalf of all the public stockholders of Solera Holdings, Inc., to enjoin the proposed acquisition of the Company by Vista Equity Partners, through a flawed process and inadequate consideration. Solera Holdings, Inc. is a global provider of software to the automobile insurance company. The Plaintiff is represented by: R. Bruce McNew, Esq. WILKS LUKOFF & BRACEGIRDLE LLC 1300 North Grant Avenue, Suite 100 Wilmington, DE 19806 Telephone: (302) 225-0850 Facsimile: (302) 225-0024 E-mail: mcnew@wlblaw.com - and - Randall J. Baron, Esq. David T. Wissbroecker, Esq. Eun Jin Lee, Esq. ROBBINS GELLER RUDMAN & DOWN LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 E-mail: randyb@rgrdlaw.com DWissbroecker@rgrdlaw.com elee@rgrdlaw.com STAMM THEATRES: Sued Over Failure to Repair Unit Defects -------------------------------------------------------- Jonathan Scarlata v. Stamm Theatres, Incorporated and Does 1-30, Case No. 15793709 (Cal. Super. Ct., November 18, 2015) is brought on behalf of the tenants who suffered emotional distress, physical injury, over-payment of rent, and out-of-pocket expenses as a result of the Defendants' failure and refusal to make repairs of the habitability defects to the subject premises. Stamm Theatres, Incorporated operates a real estate company located in Antioch, California. The Plaintiff is represented by: Andrew Wolff, Esq. Chris Beatty, Esq. LAW OFFICES OF ANDREW WOLFF, PC 1970 Broadway, Ste. 210 Oakland, CA 94612 Telephone: (510) 834-3300 Facsimile: (510) 834-3377 E-mail: andrew@awolfflaw.com chris@awolfflaw.com STAPLES INC: Sued Over Americans with Disabilities Act Violation ---------------------------------------------------------------- Christhian Diaz, on behalf of himself and all others similarly situated v. Staples, Inc., Staples the Office Superstore East, Inc., and Staples the Office Superstore, LLC, Case No. 1:15-cv- 08948 (S.D.N.Y., November 13, 2015) is brought against the Defendants for violation of the Americans with Disabilities Act. The Defendants operate an office supply chain store throughout the United States. The Plaintiff is represented by: C.K. Lee, Esq. LEE LITIGATION GROUP, PLLC 30 East 39th Street, 2nd Floor New York, NY 10016 Telephone: (212) 465-1188 Facsimile: (212) 465-1181 E-mail: cklee@leelitigation.com SUNTIME ENERGY: Has Made Unsolicited Calls, "Weisberg" Suit Says ---------------------------------------------------------------- Marissa Weisberg, individually and on behalf of all others similarly situated v. Suntime Energy and Does 1-10, inclusive, Case No. 2:15-cv-08838 (C.D. Cal., November 13, 2015) seeks to put an end on the Defendant's practice of making unsolicited calls to consumers' telephone. Suntime Energy operates an energy company located at 6727 Odessa Ave, Van Nuys, CA 91406. The Plaintiff is represented by: Adrian Robert Bacon, Esq. Todd M. Friedman, Esq. LAW OFFICES OF TODD FRIEDMAN PC 324 South Beverly Drive Suite 725 Beverly Hills, CA 90212 Telephone: (877) 206-4741 Facsimile: (866) 633-0228 E-mail: abacon@attorneysforconsumers.com tfriedman@attorneysforconsumers.com TAISHAN GYPSUM: Brook Files Suit Over Problematic Drywall --------------------------------------------------------- Stephen Brook, Diane Brooke, and all others similarly situated v. The State-Owned Assets Supervision and Administration Commission of the State Council; Taishan Gypsum Co., Ltd. fka Shandong Taihe Dongxin Co., Ltd.; Tai'an Taishan Plasterboard Co., Ltd.; Beijing New Building Materials Public Limited Co.; China National Building Material Co., Ltd.; Beijing New Building Materials (Group) Co., Ltd.; China National Building Materials Group Corporation, Case No. 2:15-cv-00506 (E.D. Va., November 23, 2015), seeks damages against the Defendants for their role in the design, manufacture, importing, distributing, delivery, supply, marketing, inspecting, installing or sale of the problematic drywall pursuant to the Class Action Fairness Act. Defendants' drywall is predominately composed of gypsum. In "problematic drywall" (such as that designed, manufactured, exported, imported, distributed, delivered, supplied, inspected, installed, marketed, and/or sold by Defendants herein), sulfur compounds exit the drywall. The SASAC supervises the State-owned assets of enterprises engaged in drywall production, including Taishan. SASAC oversees 150 large central state-owned assets and enterprises, including CNBM Group. SASAC owns 100% of CNBM Group. CNBM Group owns 56.4% of CNBM and 75% of BNBM. In turn, BNBM owns 65% of Taishan. Because of its controlling interests, SASAC controls all of the Taishan affiliates and subsidiaries, which have been found by the district court to be alter egos of one another and a single business enterprise. The Defendants manufacture and sell drywall. The Plaintiffs are represented by: Richard J. Serpe, Esq. LAW OFFICES OF RICHARD J. SERPE Crown Center, Ste. 310 580 East Main Street Norfolk, VA 23510-2322 E-mail: rserpe@serpefirm.com - and - Arnold Levin, Esq. Levin, Fishbein, Sedran & Berman 510 Walnut Street, Ste. 500 Philadelphia, PA 19106 Tel: (215) 592-1500 Fax: (215) 592-4663 E-mail: Alcvin@lfsblavv.com TITEFLEX CORPORATION: "Roy" Class Suit Removed to D. Maryland ------------------------------------------------------------- The class action lawsuit entitled James Roy, on behalf of himself and all others similarly situated v. Titeflex Corporation, et al., Case No. 384003V, was removed from the Circuit Court for Montgomery County, Maryland to the U.S. District Court District of Maryland (Greenbelt). The District Court Clerk assigned Case No. 8:15-cv-03466-RDB to the proceeding. The Plaintiff asserts product liability claims. Titeflex Corporation is a provider of flexible hose and rigid tube technology. The Plaintiff is represented by: Jonathan K. Tycko, Esq. Andrea Rifka Gold, Esq. TYCKO AND ZAVAREEI LLP 2000 L St NW Ste 808 Washington, DC 20036 Telephone: (202) 973-0900 Facsimile: (202) 973-0950 E-mail: jtycko@tzlegal.com agold@tzlegal.com - and - Gary E. Mason, Esq. WHITFIELD BRYSON AND MASON LLP 1625 Massachusetts Ave NW Ste 605 Washington, DC 20036 Telephone: (202) 429-2290 Facsimile: (202) 429-2294 E-mail: gmason@wbmllp.com The Defendant is represented by: Scott Patrick Burns, Esq. TYDINGS AND ROSENBERG LLP 100 E Pratt St 26th Fl Baltimore, MD 21202 Telephone: (410) 752-9743 Facsimile: (410) 727-5460 E-mail: sburns@tydingslaw.com THE SPOT: Fails to Pay Workers Overtime, "Dzotsenidze" Suit Says ---------------------------------------------------------------- Saba Dzotsenidze v. The Spot, Ardalan Habibi, Babak Habibi, and Does 1 to 50, Inclusive, Case No. BC601359 (Cal. Super. Ct., November 16, 2015) is brought against the Defendants for failure to pay overtime wages for work in excess of 40 hours per week. The Defendants own and operate a restaurant located at 17200 Ventura Blvd, Encino, in the County of Los Angeles, State of California. The Plaintiff is represented by: Jeffrey L. Malek, Esq. David C. Chang, Esq. MALEK & MALEK 3625 Del Amo Blvd Torrance, CA 90503 Telephone: (310) 540-5100 Facsimile: (310) 371-7242 E-mail: iroalek@malelclaw.com dchang@maleklaw.com TIO LUIS TACOS: "Rodriguez" Suit Alleges FLSA Violation ------------------------------------------------------- Maria Rodriguez, and all others similarly-situated v. Tio Luis Tacos, Inc. and Jose L. Gonzalez, Case No. 1:15-cv-10563 (N.D. Ill., November 23, 2015), is brought against the Defendants for failure to pay at least the Illinois mandated minimum wage rate in violation of the Fair Labor Standards Act and the Illinois Minimum Wage Law. The Defendants own and operate a restaurant. The Plaintiff is represented by: Raisa Alicea, Esq. CONSUMER LAW GROUP, LLC 6232 N. Pulaski, Suite 200 Chicago, IL 60646 Tel: (312) 800-1017 E-mail: ralicea@yourclg.com TOURIST PROMOTION: Faces "Beverly" Suit Over Failure to Pay OT -------------------------------------------------------------- Victor Beverly v. Tourist Promotion Services, LLC and Azeem Asaria, Case No. 3:15-cv-00325 (S.D. Tex., November 15, 2015) is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. The Defendants are in the hotel and hospitality industry business. The Plaintiff is represented by: Clark Woodson III, Esq. THE LAW OFFICE OF CLARK WOODSON III 601 East Myrtle Angleton, TX 77515 Telephone: (979) 849-6080 TRS RECOVERY: Illegally Collects Debt, "Schuler" Suit Claims ------------------------------------------------------------ Jennifer Schuler, on behalf of herself and all others similarly situated v. TRS Recovery Services, Inc. and John Does 1-25, Case No. 1:15-cv-02179 (M.D. Pa., November 13, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. TRS Recovery Services, Inc. operates a data recovery service company in Pennsylvania. The Plaintiff is represented by: Glen H. Chulsky, Esq. Joseph K. Jones, Esq. LAW OFFICES OF JOSEPH K. JONES, LLC 375 Passaic Avenue, Suite 100 Fairfield, NJ 07004 Telephone: (973) 227-5900 - and - Robert C. Thurston, Esq. THURSTON LAW OFFICES LLC 1106 Whitehall Drive Doylestown, PA 18901 Telephone: (267) 209-0783 E-mail: robert@thurstonlawpc.com UBER TECHNOLOGIES: "Fisher" Suit Removed to W.D. Washington ----------------------------------------------------------- The class action lawsuit styled Joshua Fisher, individually, and on behalf of all others similarly-situated v. Uber Technologies, Inc., et al., Case No. 15-00002-25028-1-SEA, was removed from the King County Superior Court to the U.S. District Court for the Western District of Washington (Seattle). The District Court Clerk assigned Case No. 2:15-cv-01787-TSZ to the proceeding. The Plaintiff asserts labor-related claims. Uber Technologies, Inc. operates a transportation network company headquartered in San Francisco, California. The Plaintiff is represented by: Michael David Myers, Esq. MYERS & COMPANY 1530 Eastlake Avenue East Seattle, WA 98102 Telephone: (206) 398-1188 Facsimile: 398-1189 E-mail: mmyers@myers-company.com The Defendant is represented by: Douglas Edward Smith, Esq. Thomas Patrick Holt, Esq. LITTLER MENDELSON One Union Square 600 University Street Ste 3200 Seattle, WA 98101-3122 Telephone: (206) 623-3300 Facsimile: (206) 447-6965 E-mail: desmith@littler.com THolt@littler.com USHA MIAMI: "Sandhu" Suit Seeks to Recover Unpaid Overtime Wages ---------------------------------------------------------------- Raghubir Sigh Sandhu, and other similarly situated individuals v. Usha Miami, Inc., et al., Case No. 34509784 (Fla. 11th Ct., November 16, 2015) seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standard Act. Usha Miami, Inc. owns and operates a dry clean and laundry shop in Miami, Florida. The Plaintiff is represented by: Anthony M. Georges, Esq. REMER & GEORGES-PIERRE, P L LC 44 West Flagler St., Suite 2200 Miami, FL 33130 Telephone: (305) 416-5000 Facsimile: (305) 416-5005 E-mail: agp@rgpattorneys.com UV LOGISTICS: "Griffis" Suit Alleges FLSA Violations ---------------------------------------------------- April Griffis, and all others similarly-situated v. UV Logistics, LLC, Case No. 6:15-cv-02740 (W.D. La., November 23, 2015), seeks to recover monetary damages, liquidated damages, prejudgment interest and costs including attorney's fees against the Defendant for violations of the Fair Labor Standards Act. The Defendant is a privately held establishment, operating and doing business as a transportation and logistics company. The Plaintiff is represented by: Mary Bubbett Jackson, Esq. JACKSON+JACKSON 201 St. Charles Avenue, Suite 2500 New Orleans, LA 70170 Tel: (504) 599-5953 Fax: (888) 988-6499 E-mail: mjackson@jackson-law.net VMWARE INC: Faces "Ford" Suit Over Proposed Denali Merger --------------------------------------------------------- Francis M. Ford, on behalf of himself and all others similarly situated v. VMWare, Inc., et al., Case No. 11714 (Del. Ch. Ct., November 17, 2015) is brought on behalf of all the public stockholders of VMWare, Inc., to enjoin the proposed merger of EMC Corporation with Denali Holding, Inc., through a flawed process and inadequate consideration. VMWare, Inc. offers services to the market in virtualization infrastructure solutions utilized by organizations in building, delivering, and consuming information technology resources. EMC Corporation held 81.1% of VMware's outstanding common stock, including 100% of the Class B stock, and 97.4% of the combined voting power of VMware's outstanding common stock. The Plaintiff is represented by: Michael Hanrahan, Esq. Paul A. Fioravanti Jr., Esq. Corinne Elise Amato, Esq. PRICKETT, JONES & ELLIOTT, P.A. 1310 N. King Street Wilmington, DA 19801 Telephone: (302) 888-6500 VOLKSWAGEN GROUP: "Bruno" Suit Seeks Damages Over Defeat Device --------------------------------------------------------------- Joseph Bruno, Christopher VanCompernolle, and all others similarly-situated v. Volkswagen Group of America, Inc., and Volkswagen AG, Case No. 2:15-cv-14120 (E.D. Mich., November 23, 2015), seeks damages, injunctive relief, and equitable relief for the Defendants' conduct related to the "defeat device" pursuant to the Class Action Fairness Act of 2005. Volkswagen manufactured, distributed, sold, leased, and warranted the Affected Vehicles under the Volkswagen and Audi brand names throughout all of the United States. The Plaintiff is represented by: Amy L. Marino, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Tel: (248) 355-0300 Fax: (248) 746-4001 E-mail: amarino@sommerspc.com VOLKSWAGEN GROUP: "Bryan" Suit Seeks Damages Over Defeat Device --------------------------------------------------------------- Saskia Bryan, Andrew Fiske, and all others similarly-situated v. Volkswagen Group of America, Inc. Volkswagen AG, Audi of America, Inc. and Robert Bosch GMBH, Case No. 1:15-cv-10541 (N.D. Ill., November 23, 2015), seek damages, injunctive relief, and equitable relief for the conduct of Defendants related to the defeat device pursuant to the Class Action Fairness Act of 2005. Volkswagen manufactured, distributed, sold, leased, and warranted the Affected Vehicles under the Volkswagen and Audi brand names throughout all of the United States. Robert Bosch GmbH designs and manufacturers automotive components and industrial products. At all relevant times, Bosch supplied the illegal defeat devices to Volkswagen for incorporation into the Affected Vehicles. The Plaintiffs are represented by: Nathan P. Eimer, Esq. EIMER STAHL LLP 224 South Michigan Avenue, Suite 1100 Chicago, IL 60604 Tel: (312) 660-7600 Fax: (312) 692-1718 E-mail: neimer@eimerstahl.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. 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