/raid1/www/Hosts/bankrupt/CAR_Public/160404.mbx
C L A S S A C T I O N R E P O R T E R
Monday, April 4, 2016, Vol. 18, No. 67
Headlines
21ST CENTURY ONCOLOGY: Faces "Russell" Suit in M.D. Florida
21ST CENTURY ONCOLOGY: Violated HIPAA, "Schwartz" Suit Claims
ACS COMMERCIAL: "Mays" Sues Over Unpaid Overtime Pay
AEROHIVE NETWORKS: Still Defends Hunter Shareholder Litigation
ALLERGAN PLC: Faces NECA-IBEW Suit Over Digoxin and Doxycycline
ALLERGAN PLC: Faces Trust's Suit Over Digoxin, Doxycycline Drugs
AM RETAIL: Faces "DaCorta" Complaint in S.D.N.Y.
AMAYA INC: Faces "Mattie" Suit Over Misleading Financial Reports
ASHA QUIK MART: "Shakhawat" Suit Alleges FLSA Violation
ASSURED GUARANTY: Preliminary Settlement Approval Sought
ATTORNEY NETWORK: Illegally Collects Debt, "Mitchell" Suit Says
AVIVA PLC: Violated Racketeer Act, "Silva" Suit Claims
AXA EQUITABLE LIFE: Faces "Cartolano" Suit in Florida
BLUE CROSS: "Belzer" Suit Claims Price Fixing
BLUE CROSS: Pearce Beville Suit Claims Price Fixing
CALIX INC: Class Action Trial Begins Next Week
CARIDAD DEL COBRE-REYES: Violated FLSA, "Moschella" Suit Claims
CBRE GROUP: Misclassifies Managers as Exempt, "Thoma" Alleges
CHELSEA COTTAGE: Sued Over Americans with Disabilities Act Breach
CHESAPEAKE ENERGY: Violated Sherman Act, "Ruby" Suit Claims
CINEMARK USA: Opening Brief Due June 13 in 9th Cir. Appeal
CITY NATIONAL BANK: Faces "Madison" Suit Over Ponzi Scheme
CLEARSPRING LOAN: Illegally Collects Debt, "Tabick" Suit Claims
CLECO CORP: Still Defends Merger Suit in Louisiana
CLECO CORP: Bid to Dismiss Class Suit Fully Briefed
COLONIAL GROCERS: "Murvin" Suit Seeks to Recover Unpaid Wages
COMENITY LLC: Has Made Unsolicited Calls, "Sorrell" Action Claims
COMMONWEALTH DAIRY: Faces "Condon" Suit in S.D.N.Y.
COMMUNICATIONS UNLIMITED: Misclassified Technicians, Fulton Says
CONCRETE PLACEMENT: "Way" Suit Seeks Unpaid OT Pay Under FLSA
CONTRACTOR LABOR SERVICES: Violated FLSA, "Vasquez" Suit Claims
CONVERGENT OUTSOURCING: Illegally Collects Debt, Suit Claims
COOK OUT INC: Violated FLSA & KWPCL, "Sherwood" Suit Claims
COWAN SYSTEMS: "Van" Labor Suit Moved from D. Ma. to D. Md.
COX COMMUNICATIONS: Removed "Amiri" Class Suit to C.D. California
CRAWFORD & COMPANY: Faces "Whitman" Suit Over Failure to Pay OT
CRAWFORD & COMPANY: Faces "Tabron" Suit Over Failure to Pay OT
CSK AUTO: Opening Brief in "Melgar" Appeal Due June 16
D. CEFALU MANAGEMENT: "Evans" Suit Seeks to Recover Overtime Pay
DEVIANTART INC: "Hanberg" Suit Seeks to Recover Damages Under CLR
DREAMER'S PIZZA: Faces "Perez" Labor Suit in S.D.N.Y. Foley Sq.
DS HEALTHCARE: Violated Exchange Act, "Shah" Suit Claims
EMERALD ISLE: Failed to Pay Minimum and OT Wages, "Lugue" Says
EMPRO JOB NETWORK: "Cunningham" Suit Seeks to Recover OT Pay
ENCORE RECEIVABLE MANAGEMENT: Faces " Shubladze" Suit in E.D.N.Y.
ENTERGY CORP: Texas Supreme Court Ordered Parties to File Briefs
FAIRVIEW HEALTH: Samuel Zean Brief in 8th Cir. Appeal Due May 17
FINS CONSTRUCTION: "Lopez" Suit Seeks to Recover Overtime Pay
FIREEYE INC: May 13 Hearing on Class Certification Bid
FIREEYE INC: Motion to Dismiss Stockholder Action Pending
FIRST AMERICAN HOME: Permission to Appeal Filed in "Carrera" Suit
FIRSTMERIT CORPORATION: Sued Over Proposed Huntington Merger
FIRST NATIONAL: Accused of Wrongful Conduct Over Debt Collection
FLY LEASING: Faces "Margolis" Suit Over Misleading Fin'l Reports
FRED LOYA INSURANCE: "Cavazos" Suit Seeks Overtime Pay
GENERAL CHEMICAL: "Lake Restoration" Sues over Overpriced Alum
GENWORTH FINANCIAL: Mediation Ongoing in "Esguerra" Action
GENWORTH FINANCIAL: Hialeah Filed Class Certification Motion
GERBER PRODUCTS: Faces "Greene" Fraud Complaint in New York
GLAXOSMITHKLINE LLC: "Jones" Sues Over Zofran Side-effects
GLAXOSMITHKLINE LLC: Faces "Tippens" Suit Over Zofran(R)
GLAXOSMITHKLINE: Faces "Penrod" Suit Over Zofran(R)
HOME BANCSHARES: 2 Class Suits Pending Againt Bay Cities Bank
HOMEOPET LLC: Dairyland Suit Alleges TCPA Violation
HORIZON PHARMA: Faces "Schaffer" Securities Complaint in New York
HOSPITAL CORP: Faces "Porras" Suit Over Hepatitis Risk
IMPERVA INC: Dismissal of Calif. Shareholder Action Sought
INTEGRATED SATELLITE: Faces "Perez" Wage & Hour Suit
JENNIE-0 TURKEY STORE: "Tabora" Complaint Alleges FLSA Violation
KAISER PERMANENTE: "Demott" Complaint Alleges Age Discrimination
KASS SHULER: Illegally Collects Debt, "Edstrom-Smith" Says
KBR INC: Discovery in Securities Litigation to Continue in 2016
KIRSCHENBAUM PHILLIPS: Illegally Collects Debt, "Rubin" Suit Says
KRAFT HEINZ: Faces "Sellers" Class Suit in S. Dist. Florida
L-3 COMMUNICATIONS: "Braginton" Sues over Defective Optical Sight
LEIDOS HOLDINGS: Plaintiff Appeals Dismissal of "Fernandez" Case
LIBERTY MUTUAL INSURANCE: Violated MGL, "Villegas" Suit Claims
LITTLE SHEEP: Faces "He" Suit Over Failure to Pay Overtime Wages
LPL FINANCIAL: "Retirement System" Sues over Share Price Drop
LUMBER LIQUIDATORS: Faces "Rasmussen" Suit in District of Utah
LUMBER LIQUIDATORS: "Devillier" Sues over Formaldehyde in Flooring
LUMBER LIQUIDATORS: Removed "Schneider" Suit to E.D. Virginia
LUMBER LIQUIDATORS: Removed "Snyder" Class Suit to E.D. Virginia
LUMBER LIQUIDATORS: Faces "Guidry" Suit Over Toxic Flooring
MAGIC AUTO TOUCH UP: "Leal" Suit Seeks Damages Pursuant to FLSA
MARK L NICHTER: Illegally Collects Debt, "Piech" Action Claims
MARRIOTT HOTEL: Removed "Torrez" Class Suit to C.D. California
MARYLAND: DDS Faces "Chong Su Yi" Class Suit
MILLERCOORS LLC: "Lorenzo" Complaint Removed to S.D. Fla.
MONTCLAIR LIMO: "Bicer" Suit Seeks Unpaid Minimum, Overtime Pay
MONTGOMERY COUNTY: Faces "Yi" Suit Over Civil Right Violation
MRS BPO: Accused of Wrongful Conduct Over Debt Collection
MUSCLEPHARM CORP: "Durnford" Opening Brief Due on June 16
NATERA INC: Faces "Ellis" Suit over Misleading IPO Statements
NESTLE WATERS: Faces "Roz" Suit Over Automatic Renewal Policies
NEW DRAGON: Faces "Gervacio" Suit Over Failure to Pay Overtime
NISSAN NORTH: Faces "Romeo" Class Suit in Dist. New Jersey
NORTHLAND GROUP: Faces "Junik" Debt Suit in E.D.N.Y.
NORTH MERRICK: Fails to Pay Overtime Wages, "Mendoza" Suit Claims
OC COMMUNICATIONS: "Rene" Suit Seeks to Recover Unpaid OT Wages
ONE TECHNOLOGIES: "Forby" Suit Transferred to N.D. Tex.
ONX USA: "Newson" Suit Seeks to Recover Unpaid OT Wages & Damages
PACIFIC GUARDIAN: Faces "King" Class Suit in Hawaii
PALEOHACKS LLC: Faces "Lopez" Suit Over Automatic Renewal Policy
PETCO ANIMAL: Faces "Ramos" Suit Over Failure to Pay Overtime
PILOT CORP: Faces "Ivy" Credit Card Suit in M.D. Florida
POOL & ELECTRIC: Faces "Figuero" Suit Over Failure to Pay OT
PRECISION CASTPARTS: Sued Over Misleading Financial Reports
SAIC INC: 2nd Cir. Revives Securities Litigation
SCHUSTER MANAGEMENT: "Cianci" Suit Seeks Overtime Pay
SKULLCANDY INC: Violated Securities Act, "Oswald" Suit Claims
SMOKY MOUNTAIN: "McNabb" Suit Seeks Minimum, Overtime Pay
SOUTHEAST MILK: "Kile" Wages & Hour Suit Removed to M.D. Florida
SPECIAL TOUCH: "Matala-De-Mazza" Transferred to E.D.N.Y.
SYNGENTA AG: Removed "Borneman" Suit to Kansas District Court
TASTEFULLY DELIVERED: Faces "Castano" Suit Over Failure to Pay OT
TCI TRANSPORTATION: Doesn't Properly Pay Truck Drivers, Suit Says
TETRAPHASE PHARMACEUTICALS: Sued Over Misleading Fin'l Reports
TOUHY LLC: Violated Tenant Ordinance, "Rivard-Hoster" Suit Claims
TRACFONE WIRELESS: Faces "Bloch" Class Suit in E.D. New York
TRANSAMERICA LIFE: Sued in Florida Over Premium Payment Increase
TORRES ADVANCED: Faces "Liverett" Suit Over Failure to Pay OT
UNITED STATES: Faces "Schulenburg" Suit Over Tucker Act Violation
WILLIAMS-SONOMA: Sued in Massachusetts Over Invasion of Privacy
*********
21ST CENTURY ONCOLOGY: Faces "Russell" Suit in M.D. Florida
-----------------------------------------------------------
A lawsuit has been filed against 21st Century Oncology Holdings,
Inc. The case is captioned Robert Russell, individually and on
behalf of all others similarly situated, the Plaintiff, v. 21st
Century Oncology Holdings, Inc., Case No. 2:16-cv-00242-SPC-MRM
(M.D. Fla., March 29, 2016). The assigned Presiding Judge is Hon.
Sheri Polster Chappell.
21st Century Oncology Holdings, together with its subsidiaries,
operates as a physician-led provider of integrated cancer care
services. Its radiation treatment services include external beam
therapies, such as conformal radiation therapy, intensity
modulated radiation therapy, and stereotactic radiosurgery, as
well as internal radiation therapies, such as high-dose and low-
dose rate brachytherapies. The company's radiation treatment
services also comprise image guided radiation therapy, Gamma
function testing, and respiratory gating.
The Plaintiff is represented by:
Amy N.L. Hanson, Esq.
Cari Campen Laufenberg, Esq.
Gretchen Freeman Cappio, Esq.
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101
Telephone: (206) 623 1900
Facsimile: (206) 623 3384
- and -
David Lawrence Ferguson, Esq.
Robert C. Gilbert, Esq.
Kopelowitz Ostrow, PA
One West Las Olas Blvd Ste. 500
Ft Lauderdale, FL 33301
Telephone: (954) 525 4100
E-mail: ferguson@kolawyers.com
robert@gilbertpa.com
21ST CENTURY ONCOLOGY: Violated HIPAA, "Schwartz" Suit Claims
-------------------------------------------------------------
Stacey Schwartz and Judith Cabrera, individually and on behalf of
themselves and others similarly situated, the Plaintiff, v. 21st
Century Oncology Holdings, Inc., the Defendant, Case No. 2:16-cv-
00241-SPC-MRM (M.D. Fla., Fort Myers Div., March 29, 2016), seeks
to establish adequate and legally required safeguards to ensure
security of Plaintiff's information. The Plaintiff also seeks
money damages, including actual and statutory damages, attorneys'
fees and costs under Health Insurance Portability and
Accountability Act of 1996 (HIPAA) and Florida Unfair Deceptive
Trade Practices Act (FUDTPA).
On March 4, 2016, 21st Century Oncology disclosed that its
electronic systems had been breached in October 2015, and as a
result, the information of approximately 2.2 million patients had
been exposed or stolen.
21st Century Oncology Holdings, together with its subsidiaries,
operates as a physician-led provider of integrated cancer care
services. Its radiation treatment services include external beam
therapies, such as conformal radiation therapy, intensity
modulated radiation therapy, and stereotactic radiosurgery, as
well as internal radiation therapies, such as high-dose and low-
dose rate brachytherapies. The company's radiation treatment
services also comprise image guided radiation therapy, Gamma
function testing, and respiratory gating.
The Plaintiff is represented by:
Daniel C. Girard, Esq.
Esfand Y. Nafisi, Esq.
Jordan Elias, Esq.
Robert C. Gilbert, Esq.
LIEFF, CABRASER, HEIMANN, & BERNSTEIN, LLP
275 Battery St.
Embarcadero Center W., 30th Floor
San Francisco, CA 94111-3339
Telephone: (415) 956 1000
E-mail: jelias@lchb.com
robert@gilbertpa.com
ACS COMMERCIAL: "Mays" Sues Over Unpaid Overtime Pay
----------------------------------------------------
Marcus L. Mays, individually and on behalf of all others similarly
situated, Plaintiff, v. ACS Commercial Services, LLC, Defendant,
Case No. 4:16-cv-00752 (S.D. Tex., March 22, 2016), seeks
declaratory and injunctive relief, unpaid overtime wages,
liquidated damages, attorneys' fees and costs under the Fair Labor
Standards Act, pre-judgment and post-judgment interest on all
amounts awarded and such other and further relief for violation of
the Fair Labor Standards Act.
ACS provides maintenance work for its residential and commercial
clients and is headquartered in Harris County, Texas where
Plaintiff was employed as a technician. Mays claims that he was
not compensated for all hours of work rendered.
The Plaintiff is represented by:
Alfonso Kennard, Jr., Esq.
KENNARD RICHARD PC
2603 Augusta Drive, 14th Floor
Houston, TX 77057
Tel: (713) 742-0900
Fax: (713) 742-0951
Email: alfonso.kennard@kennardlaw.com
- and =
Lance C. Blankenship, Esq.
KENNARD RICHARD PC
85 N.E. Loop 410, Ste. 603
San Antonio, TX 78216
Email: lance.blankenship@kennardlaw.com
- and =
Shelby C. Vick
KENNARD RICHARD PC
2603 Augusta Drive, 14th Floor
Houston, TX 77057
Tel: (713) 742-0900
Fax: (713) 742-0951
Email: shelby.vick@kennardlaw.com
AEROHIVE NETWORKS: Still Defends Hunter Shareholder Litigation
--------------------------------------------------------------
Aerohive Networks, Inc. said in its Form 10-K Report filed with
the Securities and Exchange Commission on February 26, 2016, for
the fiscal year ended December 31, 2015, that the Company
continues to defend the Hunter shareholder litigation.
In June 2015, a class action complaint was filed in the Superior
Court of the State of California, County of San Mateo, against the
Company and certain of its current and former officers and
directors. This action was subsequently related and consolidated
with two identical, follow-on complaints and is captioned Hunter
v. Aerohive Networks, Inc., et al., Shareholder Litigation, Master
File No. 534070.
The consolidated complaint alleges claims under federal securities
laws that the Registration Statement which the Company filed with
the Securities and Exchange Commission on Form S-1 in connection
with its initial public offering in March 2014 contained false
and/or misleading statements or omissions. The consolidated action
also names as defendants the investment firms who underwrote the
Company's initial public offering.
The consolidated complaint alleges that the Registration Statement
failed to disclose, among other things, product deficiencies, poor
sales, and a decline in sales-related personnel. The complaint
additionally alleges that the Company improperly recognized
revenue, including by booking certain sales with rights of return.
The consolidated complaint seeks unspecified compensatory damages
and other relief.
The Company is advancing certain defense costs with respect to
individual defendants, including the underwriting investment
firms, under written indemnification agreements.
The Company intends to defend these lawsuits vigorously.
The Company is not able to predict or estimate any range of
reasonably possible loss related to these lawsuits. If these
matters have an adverse outcome, they may have an impact on the
Company's financial position, results of operations or cash flows.
Aerohive Networks, Inc. and together with its subsidiaries has
designed and developed a leading cloud networking and enterprise
Wi-Fi solution that enables customers to use the power of Wi-Fi,
cloud, analytics and applications to transform how they serve
their customers.
ALLERGAN PLC: Faces NECA-IBEW Suit Over Digoxin and Doxycycline
---------------------------------------------------------------
NECA-IBEW Welfare Trust Fund, individually and on behalf of all
others similarly situated v. Allergan PLC, Lannett Company, Inc.,
PAR Pharmaceutical Companies, Inc., Impax Laboratories, Mylan Inc.
and Westward Pharmaceutical Corp., Case No. 2:16-cv-01371-CMR
(E.D. Penn., March 25, 2016), arises from the Defendants' and
others' alleged unlawful combination, agreement and conspiracy in
restraint of trade to artificially raise, fix, maintain or
stabilize the prices of generic drugs, including digoxin and/or
doxycycline in the United States and its territories.
Allergan PLC is a $23 billion diversified global pharmaceutical
company with global headquarters in Dublin, Ireland and U.S.
administrative headquarters in Parsippany, New Jersey.
Lannett Company, Inc. develops, manufactures, and distributes
generic prescription pharmaceutical products, including
doxycycline and digoxin, in tablet, capsule and oral liquid forms
to customers throughout the United States.
PAR Pharmaceutical Companies, Inc. specializes in developing,
licensing, manufacturing, marketing and distributing generic drugs
in the United States.
Based in Hayward, California, Impax Laboratories is a technology-
based specialty pharmaceutical company.
Mylan Inc. is a global generic and specialty pharmaceuticals
company registered in the Netherlands and with operational
headquarters in Hatfield, Hertfordshire in the United Kingdom and
a U.S. base of operations in Canonsburg, Pennsylvania.
Westward Pharmaceutical Corp. is one of the top generic
prescription medication providers in the United States, offering
both oral solid and injectable pharmaceuticals to a growing number
of chain stores, wholesalers, distributors, health systems and
government agencies.
The Plaintiff is represented by:
Marc S. Henzel, Esq.
LAW OFFICES OF MARC S. HENZEL
230 Old Lancaster Road, Suite B
Merion Station, PA 19066
Telephone: (610) 660-8000
Facsimile: (610) 660-8080
E-mail: mhenzel@henzellaw.com
- and -
David W. Mitchell, Esq.
Brian O. O'Mara, Esq.
Alexandra S. Bernay, Esq.
Carmen A. Medici, Esq.
Arthur L. Shingler III, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101-8498
Telephone: (619) 231-1058
Facsimile: (619) 231-7423
E-mail: davidm@rgrdlaw.com
bomara@rgrdlaw.com
xanb@rgrdlaw.com
ashingler@rgrdlaw.com
ALLERGAN PLC: Faces Trust's Suit Over Digoxin, Doxycycline Drugs
----------------------------------------------------------------
Tulsa Firefighters Health and Welfare Trust, on behalf of itself
and all others similarly situated v. Allergan PLC, Lannett
Company, Inc., PAR Pharmaceutical Companies, Inc., Impax
Laboratories, Mylan Inc. and Westward Pharmaceutical Corp., Case
No. 2:16-cv-01388-CM (E.D. Penn., March 25, 2016), arises from the
Defendants' and others' alleged unlawful combination, agreement
and conspiracy in restraint of trade to artificially raise, fix,
maintain or stabilize the prices of generic drugs, including
digoxin and/or doxycycline in the United States and its
territories.
Allergan PLC is a $23 billion diversified global pharmaceutical
company with global headquarters in Dublin, Ireland and U.S.
administrative headquarters in Parsippany, New Jersey.
Lannett Company, Inc. develops, manufactures, and distributes
generic prescription pharmaceutical products, including
doxycycline and digoxin, in tablet, capsule and oral liquid forms
to customers throughout the United States.
PAR Pharmaceutical Companies, Inc. specializes in developing,
licensing, manufacturing, marketing and distributing generic drugs
in the United States.
Based in Hayward, California, Impax Laboratories is a technology-
based specialty pharmaceutical company.
Mylan Inc. is a global generic and specialty pharmaceuticals
company registered in the Netherlands and with operational
headquarters in Hatfield, Hertfordshire in the United Kingdom and
a U.S. base of operations in Canonsburg, Pennsylvania.
Westward Pharmaceutical Corp. is one of the top generic
prescription medication providers in the United States, offering
both oral solid and injectable pharmaceuticals to a growing number
of chain stores, wholesalers, distributors, health systems and
government agencies.
The Plaintiff is represented by:
Mark Goldman, Esq.
Paul Scarlato, Esq.
GOLDMAN, SCARLATO & PENNY P.C.
Tower Bridge, Suite 1025
161 Washington Street
Conshohocken, PA 19428
Telephone: (484) 342-0700
E-mail: goldman@lawgsp.com
scarlato@lawgsp.com
- and -
Gregory S. Asciolla, Esq.
Jay L. Himes, Esq.
Karin E. Garvey, Esq.
Marisa N. Demato, Esq.
Matthew J. Perez, Esq.
LABATON SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
Facsimile: (212) 818-0477
E-mail: gasciolla@labaton.com
jhimes@labaton.com
kgarvey@labaton.com
mdemato@labaton.com
mperez@labaton.com
- and -
Roberta D. Liebenberg, Esq.
Paul Costa, Esq.
Adam J. Pessin, Esq.
FINE, KAPLAN AND BLACK, R.P.C.
One South Broad Street, Suite 2300
Philadelphia, PA 19107
Telephone: (215) 567-6565
Facsimile: (215) 568-5872
E-mail: rliebenberg@finekaplan.com
pcosta@finekaplan.com
apessin@finekaplan.com
AM RETAIL: Faces "DaCorta" Complaint in S.D.N.Y.
------------------------------------------------
A class action lawsuit has been filed against AM Retail Group,
Inc. The case is captioned Diana DaCorta, individually, and Diana
DaCorta, on behalf of others similarly situated, Plaintiffs, v. AM
Retail Group, Inc., dba G.H. Bass & Co., Defendant, Case No. 7:16-
cv-01748-NSR (S.D.N.Y., March 8, 2016). The case alleges fraud,
and is assigned to Judge Nelson Stephen Roman.
The Plaintiffs are represented by:
Joanna Frances Sandolo, Esq.
DENLEA & CARTON LLP
2 Westchester Park Dr., Suite 410
White Plains, NY 10604
Tel: (914) 331-0100
Fax: (914) 331-0105
Email: jsandolo@denleacarton.com
- and -
Jeffrey I. Carton, Esq.
DENLEA & CARTON LLP
2 Westchester Park Dr, Suite 410
White Plains, NY 10604
Tel: (914) 331-0100
Fax: (914) 331-0105
Email: jcarton@denleacarton.com
AMAYA INC: Faces "Mattie" Suit Over Misleading Financial Reports
----------------------------------------------------------------
Jason Mattie, individually and on behalf of all others similarly
situated v. Amaya Inc., David Baazov, and Daniel Sebag, Case No.
1:16-cv-0223 (S.D.N.Y., March 25, 2016), 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.
Amaya Inc. is a provider of technology-based products and services
in the global gaming and interactive entertainment industries.
The Plaintiff is represented by:
Lesley F. Portnoy, Esq.
GLANCY PRONGAY & MURRAY LLP
122 East 42nd Street, Suite 2920
New York, NY 10168
Telephone: (212) 682-5340
Facsimile: (212) 884-0988
E-mail: lportnoy@glancylaw.com
- and -
Lionel Z. Glancy, Esq.
Robert V. Prongay, Esq.
Casey E. Sadler, Esq.
Charles H. Linehan, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
E-mail: lglancy@glancylaw.com
rprongay@glancylaw.com
csadler@glancylaw.com
csadler@glancylaw.com
ASHA QUIK MART: "Shakhawat" Suit Alleges FLSA Violation
-------------------------------------------------------
Hossain Mohammed Shakhawat and all others similarly situated under
29 U.S.C. 216(b), Plaintiff, vs. Asha Quik Mart, Inc., East Coast
Investment, Inc., Naresh Bhasin, Defendants, Case No. 1:16-cv-
20844-KMM (S.D. Fla., March 8, 2016), seeks double damages and
reasonable attorney fees pursuant to the Fair Labor Standards Act,
to be proven at the time of trial for all minimum wages still
owing from Plaintiff's entire employment period with Defendants
or, as much as allowed by the Fair Labor Standards Act --
whichever is greater along with court costs, interest, and any
other relief that the Court finds reasonable under the
circumstances. The Plaintiff requests a trial by jury.
The case is assigned to Chief Judge K. Michael Moore.
Asha Quik Mart, Inc., owns and operates convenience stores.
The Plaintiff is represented by:
J.H. Zidell, Esq.
J.H. ZIDELL, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Tel: (305) 865-6766
Fax: (305) 865-7167
ASSURED GUARANTY: Preliminary Settlement Approval Sought
--------------------------------------------------------
Assured Guaranty Ltd. said in its Form 10-K Report filed with the
Securities and Exchange Commission on February 26, 2016, for the
fiscal year ended December 31, 2015, that a motion for preliminary
approval of settlements of the lawsuits relating to former
financial products business was filed on February 24, 2016.
During 2008, nine putative class action lawsuits were filed in
federal court alleging federal antitrust violations in the
municipal derivatives industry, seeking damages and alleging,
among other things, a conspiracy to fix the pricing of, and
manipulate bids for, municipal derivatives, including guaranteed
investment contracts ("GICs"). These cases have been coordinated
and consolidated for pretrial proceedings in the U.S. District
Court for the Southern District of New York as MDL 1950, In re
Municipal Derivatives Antitrust Litigation, Case No. 1:08-cv-2516
("MDL 1950"). Five of these cases named both AGMH and AGM: (a)
Hinds County, Mississippi v. Wachovia Bank, N.A.; (b) Fairfax
County, Virginia v. Wachovia Bank, N.A.; (c) Central Bucks School
District, Pennsylvania v. Wachovia Bank, N.A.; (d) Mayor and City
Council of Baltimore, Maryland v. Wachovia Bank, N.A.; and (e)
Washington County, Tennessee v. Wachovia Bank, N.A. In April 2009,
the MDL 1950 court granted the defendants' motion to dismiss on
the federal claims for these five cases, but granted leave for the
plaintiffs to file an amended complaint. The Corrected Third
Consolidated Amended Class Action Complaint, filed on October 9,
2013, lists neither AGM nor AGMH as a named defendant or a co-
conspirator. The complaint generally seeks unspecified monetary
damages, interest, attorneys' fees and other costs. The other four
cases named AGMH (but not AGM) and also alleged that the
defendants violated California state antitrust law and common law
by engaging in illegal bid-rigging and market allocation, thereby
depriving the cities or municipalities of competition in the
awarding of GICs and ultimately resulting in the cities paying
higher fees for these products: (f) City of Oakland, California v.
AIG Financial Products Corp.; (g) County of Alameda, California v.
AIG Financial Products Corp.; (h) City of Fresno, California v.
AIG Financial Products Corp.; and (i) Fresno County Financing
Authority v. AIG Financial Products Corp.
When the four plaintiffs filed a consolidated complaint in
September 2009, the plaintiffs did not name AGMH as a defendant.
However, the complaint does describe some of AGMH's and AGM's
activities. The consolidated complaint generally seeks unspecified
monetary damages, interest, attorneys' fees and other costs. In
April 2010, the MDL 1950 court granted in part and denied in part
the named defendants' motions to dismiss this consolidated
complaint.
On September 22, 2015, the remaining parties to the putative class
action reported to the MDL 1950 Court that settlements in
principle had been reached, and a motion for preliminary approval
of those putative class claims was filed on February 24, 2016.
The parties have reported that final settlement with those
remaining defendants would resolve the putative class case. The
Company cannot reasonably estimate the possible loss, if any, or
range of loss that may arise from these lawsuits.
ATTORNEY NETWORK: Illegally Collects Debt, "Mitchell" Suit Says
---------------------------------------------------------------
Ron Mitchell, individually and on behalf of a class of those
similarly situated v. The Attorney Network, LLC, The Attorney
Network Asset Recovery Group, LLC, Mark Weiner, and Mireault Law
Group, LLC, Case No. 1:16-cv-10574 (D. Mass., March 23, 2016),
seeks to stop the Defendant's unfair and unconscionable means to
collect a debt.
The Defendants own and operate a law firm in Boston,
Massachusetts.
The Plaintiff is represented by:
Carlin J. Phillips, Esq.
PHILLIPS & GARCIA, LLP
13 Ventura Drive
North Dartmouth, MA 02747
Telephone: (508) 998-0800
Facsimile: (508) 998-0919
E-mail: cphillips@phillipsgarcia.com
AVIVA PLC: Violated Racketeer Act, "Silva" Suit Claims
------------------------------------------------------
Rachel Silva and Don Hudson, on behalf of themselves and all
others similarly situated, the Plaintiffs, v. Aviva PLC, Athene
Annuity and Life Company f/k/a Aviva Life and Annuity Company,
ATHENE USA Corporation f/k/a Aviva USA Corporation, Athene Holding
Ltd., Athene Life Re Ltd., Athene Asset Management, L.P., Apollo
Global Management, LLC, the Defendants, Case No. 4:16-cv-00089-
SMR-HCA (N.D. Cal., June 12, 2015), seeks to recover damages from
Aviva's pattern of racketeering activity, allegedly misleading
into purchasing and holding annuities based on material
misrepresentations of Aviva's financial strength as the issuing
company, pursuant to the Racketeer Influenced and Corrupt
Organizations Act (RICO).
Aviva is a U.S. life insurance and annuity company. It is a public
limited company incorporated under the laws of
England and Wales, with its principal place of business in London,
United Kingdom.
The Plaintiff is represented by:
Jeff D. Friedman, Esq.
Steve W. Berman, Esq.
Sean R. Matt, Esq
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: (510) 725 3000
Facsimile: (510) 725 3001
E-mail: jefff@hbsslaw.com
steve@hbsslaw.com
sean@hbsslaw.com
AXA EQUITABLE LIFE: Faces "Cartolano" Suit in Florida
-----------------------------------------------------
A purported class action lawsuit has been filed against AXA
Equitable Life Insurance Company. The case is captioned as, Lisa
Cartolano, as trustee for Renee Lewis Family Trust, on behalf of
herself and others similarly situated; and Rose Marie Zgombick, as
trustee for Rose Marie Zgombick Family Trust, on behalf of herself
and others similarly situated Plaintiffs, v. AXA Equitable Life
Insurance Company, Defendant, Case No. 9:16-cv-80346-RLR (S.D.
Fla., March 9, 2016). The case is assigned to Judge Robin L.
Rosenberg.
The Plaintiffs are represented by:
Jan Douglas Atlas, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Boulevard, Suite 500
Fort Lauderdale, FL 33301
Tel: (954) 525-4100
Fax: (954) 525-4300
Email: atlas@kolawyers.com
- and -
Samantha Tesser Haimo, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Boulevard, Suite 500
Fort Lauderdale, FL 33301
Tel: (954) 525-4100
Fax: (954) 525-4300
Email: tesser@kolawyers.com
BLUE CROSS: "Belzer" Suit Claims Price Fixing
---------------------------------------------
Betsy Jane Belzer, Constance Dummer and Centerpointe Dental,
Plaintiffs, v. Blue Cross Blue Shield Group and Affiliates,
Defendants, Case No. 0:16-cv-00725-RHK-FLN, D. Minn., March 22,
2016), seeks damages and relief, enjoinment, treble damages,
attorneys' fees and costs for violation of Sherman Act, Section 1
and 2 and Minnesota Statutes Sec. 325D.53.
Plaintiffs accuse the Defendants of allocating markets among
themselves, thereby controlling the prices of premium for their
Blue Plans.
The Blue Cross and Blue Shield Association is based in Chicago
Illinois is composed of 36 health insurance plans that operate
under the Blue Cross and Blue Shield trademarks and trade names.
The Plaintiff is represented by:
Karen Hanson Riebel, Esq.
Rebecca Peterson, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Ave. South, Suite 2200
Minneapolis, MN 55401
Email: khriebel@locklaw.com
rapeterson@locklaw.com
- and -
Andrew A. Lemmon, Esq.
LEMON LAW FIRM
650 Poydras St., Suite 2335
New Orleans, LA 70130
Email: andrew@lemmonlawfirm.com
- and -
Robert Christopher Cowan, Esq.
THE COWAN LAW FIRM
One Meadows Building
5005 Greenville Avenue, Suite 200
Dallas, Texas 75206
Email: chris@cowanlaw.net
- and -
Genevieve M. Zimmerman, Esq.
MESHBESHER & SPENCE, LTD.
1616 Park Avenue South
Minneapolis, MN 55404
Email: gzimmerman@meshbesher.com
BLUE CROSS: Pearce Beville Suit Claims Price Fixing
---------------------------------------------------
Pearce, Bevill, Leesburg, Moore, P.C., Plaintiffs, v. Blue Cross
Blue Shield Group and Affiliates, Case No. 2:16-cv-00464-SGC, N.D.
Ala., March 22, 2016), seeks damages and relief, enjoinment,
treble damages, attorneys' fees and costs for violation of Sherman
Act, Sections 1 and 2.
Plaintiffs accuse the Defendants of allocating markets among
themselves, thereby controlling the prices of premium for their
Blue Plans.
The Blue Cross and Blue Shield Association is based in Chicago
Illinois is composed of 36 health insurance plans that operate
under the Blue Cross and Blue Shield trademarks and trade names.
The Plaintiff is represented by:
Tammy M. Stokes, Esq.
David J. Guin, Esq.
Tammy M. Stokes, Esq.
GUIN, STOKES & EVANS, LLC
300 Richard Arrington Jr. Blvd. North
Suite 600/Title Building
Birmingham, AL 35203
Telephone: (205) 226-2282
Facsimile: (205) 226-2357
Email: davidg@gseattorneys.com
tammys@gseattorneys.com
CALIX INC: Class Action Trial Begins Next Week
----------------------------------------------
Calix, Inc. said in its Form 10-K Report filed with the Securities
and Exchange Commission on February 26, 2016, for the fiscal year
ended December 31, 2015, that trial in a class action lawsuit has
been scheduled with the court for the weeks of April 11 and April
18 in 2016 before the Delaware Court of Chancery.
On September 16, 2010, the Company, two direct, wholly-owned
subsidiaries of the Company, and Occam entered into an Agreement
and Plan of Merger and Reorganization (the "Merger Agreement"). In
response to the announcement of the Merger Agreement on October 6,
2010, a purported class action complaint was filed by stockholders
of Occam in the Delaware Court of Chancery: Steinhardt v. Howard-
Anderson, et al. (Case No. 5878-VCL).
On November 24, 2010, these stockholders filed an amended
complaint (the "amended Steinhardt complaint"). The amended
Steinhardt complaint named Occam (which has since been merged into
Calix) and the members of the Occam board of directors as
defendants. The amended Steinhardt complaint did not name Calix as
a defendant.
The amended Steinhardt complaint sought injunctive relief
rescinding the merger transaction and an award of damages in an
unspecified amount, as well as plaintiffs' costs, attorney's fees,
and other relief.
The merger transaction was completed on February 22, 2011 (the
"Effective Date"). On January 6, 2012, the Delaware court ruled on
a motion for sanctions brought by the defendants against certain
of the lead plaintiffs. The Delaware court found that lead
plaintiffs Michael Steinhardt, Steinhardt Overseas Management,
L.P., and Ilex Partners, L.L.C., collectively the "Steinhardt
Plaintiffs," had engaged in improper trading of Calix shares, and
dismissed the Steinhardt Plaintiffs from the case with prejudice.
The court further held that the Steinhardt Plaintiffs are: (i)
barred from receiving any recovery from the litigation, (ii)
required to self-report to the SEC, (iii) directed to disclose
their improper trading in any future application to serve as lead
plaintiff, and (iv) ordered to disgorge trading profits of $0.5
million to be distributed to the remaining members of the class of
former Occam stockholders. The Delaware court also granted the
motion of the remaining lead plaintiffs, Herbert Chen and Derek
Sheeler, for class certification, and certified Messrs. Chen and
Sheeler as class representatives. The certified class is a non-
opt-out class consisting of all owners of Occam common stock whose
shares were converted to shares of Calix on the date of the merger
transaction, with the exception of the defendants in the Delaware
action and their affiliates. Chen and Sheeler, on behalf of the
class of similarly situated former Occam stockholders, continue to
seek an award of damages in an unspecified amount.
Fact discovery in the case initially closed on April 30, 2013. On
June 11, 2013, the plaintiffs filed their Second Amended Class
Action Complaint for Breach of Fiduciary Duty ("Second Amended
Complaint"). The Second Amended Complaint adds Occam's former CFO
as a defendant, and alleges that each of the defendants breached
their fiduciary duties by failing to attempt to obtain the best
purchase price for Occam and failing to disclose certain allegedly
material facts about the merger transaction in the preliminary
proxy statement and prospectus included in the Registration
Statement on Form S-4 filed with the SEC on November 2, 2010.
On July 17, 2013, attorneys representing all of the defendants
named in the Second Amended Complaint filed Defendants' Opening
Brief in Support of Their Motion for Summary Judgment, arguing
that all defendants are entitled to summary judgment on all counts
of the Second Amended Complaint. Plaintiffs' answering brief to
the motion for summary judgment was filed on September 3, 2013,
and defendants' reply brief was filed on October 4, 2013. A
hearing on the motion for summary judgment was held on December 6,
2013.
On April 8, 2014, the Court of Chancery of the State of Delaware
issued an Opinion granting in part and denying in part the
Defendants' Motion for Summary Judgment. The ruling granted
summary judgment on all claims as to Occam, the corporate entity,
and accordingly, Occam is no longer a defendant in the action. The
court also granted summary judgment in favor of those defendants
who served solely as directors of Occam with respect to all claims
alleging improper actions in connection with the Occam sale
process. The court left in place the process-based claims against
Occam's former CEO and CFO, and declined to grant summary judgment
on separate claims that the director and officer defendants
breached their fiduciary duties by issuing a proxy statement for
Occam's stockholder vote that allegedly contained misleading
disclosures and had material omissions.
On June 12, 2014, the plaintiffs filed a Motion to Compel
Production of Documents by Defendants and Jefferies & Company,
Inc. ("Jefferies") and For Sanctions Against Defendants. This
motion sought additional documents from defendants and from
Jefferies, Occam's former financial advisor, and requested that
the court impose severe sanctions, up to and including a finding
of liability against defendants. Defendants have rejected the
suggestion that any additional documents should be produced and
vigorously opposed the imposition of any sanctions.
On September 3, 2014, the court denied the motion without
prejudice as to defendants, directed counsel for the defendants to
provide an affidavit clarifying the prior conduct of discovery,
and ordered discovery into defendants' document collection and
review methodologies. The court also ordered Jefferies to produce
additional documents. Those proceedings are ongoing, but the
plaintiffs have indicated that they do not intend to seek any
sanctions against the defendants at this time. Instead, plaintiffs
filed a motion requesting leave to amend their complaint to add
Jefferies and Wilson Sonsini Goodrich & Rosati, P.C. ("Wilson
Sonsini"), former defense counsel in this lawsuit, as defendants.
That motion was heard by the Court on March 23, 2015. At the
hearing the Court vacated the existing April 20, 2015 trial date
and indicated it would set a new trial date after ruling on the
motion requesting leave to add additional parties.
On July 16, 2015, the Court denied plaintiffs' motion for leave to
amend their complaint to add Jefferies as a defendant, but granted
plaintiffs' motion for leave to amend their complaint to add
Wilson Sonsini as a defendant. On July 22, 2015, plaintiffs filed
their Third Amended Complaint adding Wilson Sonsini as a defendant
in the lawsuit. Defendants filed their answers to the Third
Amended Complaint on September 8, 2015.
Trial for this matter has been scheduled with the court for the
weeks of April 11 and April 18 in 2016 before the Delaware Court
of Chancery.
The Company continues to believe that the allegations in this
action are without merit and intends to continue to vigorously
contest the action as it moves forward toward trial. However,
there can be no assurance that the defendants will be successful
in defending this ongoing action.
Although Occam is no longer a defendant in this lawsuit, the
Company has continued to advance defense costs related to this
lawsuit. The Company has obligations, under certain circumstances,
to hold harmless and indemnify each of the former Occam directors
and officers who remain defendants in this action against
judgments, fines, settlements and expenses related to claims
against such directors and officers to the fullest extent
permitted under Delaware law and Occam's bylaws and certificate of
incorporation. Such indemnification obligations may ultimately
result in the payment of indemnification amounts by the Company.
In addition, under the engagement letter between Occam and
Jefferies, the Company has obligations, under certain
circumstances, to hold harmless and indemnify Jefferies against
judgments, fines, settlements and expenses related to Jefferies'
engagement by Occam, and Jefferies has demanded that the Company
indemnify Jefferies in connection with this litigation under this
agreement. The Company has begun to pay fees and expenses of
Jefferies in connection with this matter, and expects that it will
make additional payments as the matter proceeds, though at this
time the Company is not able to estimate the amount of any future
payments.
The Company continues to incur significant legal fees and costs
defending this lawsuit. The Company currently expects that a
considerable portion of its remaining defense costs, including
costs of the trial, along with any liability imposed upon the
Company following trial, will exceed its remaining available
Directors & Officers liability insurance coverage. As described
above, the legal proceedings have been protracted as plaintiffs
continue to seek additional discovery following the court's order
re-opening discovery and, most recently, with the addition of
Wilson Sonsini as a defendant in the action. The Company has also
continued to incur certain expenses that are not covered by
insurance.
Following Jefferies' demand for indemnification the Company
notified Occam's insurance carriers, and such carriers advised in
writing that they do not believe the Jefferies indemnification
obligations are covered by the Company's insurance. Thus, the
Company's indemnification obligations to Jefferies that apply to
this lawsuit are not covered by insurance. The Company's indemnity
obligations that are in excess of its insurance coverage could be
material, particularly if there is an adverse result at trial, and
could have a material adverse effect on the Company's business,
operating results or financial condition.
"The outcome of the above litigation matter is undeterminable at
this time and the Company cannot currently estimate a reasonably
possible range of loss for this action. We continue to believe
that plaintiffs' claims are without merit under applicable law. At
this time, based on the status of the legal proceedings and the
court's rulings to date on the lawsuit, there remain significant
issues of fact and law that are yet to be resolved," the Company
said.
In April 2014, although the court partially granted defendants'
motion for summary judgment, the court also denied part of the
motion, ruling instead that the remaining issues should be
adjudicated at trial. In September 2014, the court issued a ruling
allowing further discovery into the underlying facts. This
additional discovery continues to be in progress. In the court's
July 2015 order, plaintiffs were granted leave to file an amended
complaint to add Wilson Sonsini as a defendant.
The addition of Wilson Sonsini as a defendant gives rise to a
number of material issues of law and fact regarding Wilson
Sonsini's potential aiding and abetting liability, its impact on
the claims against the Occam defendants, and the allocation of any
damages award. Furthermore, as previously noted, the plaintiffs
have not communicated any specific demand for damages. However,
the plaintiffs' valuation expert has opined that the fair value of
Occam's common stock on the Effective Date exceeded the merger
consideration by between $7.77 and $9.65 per share. Defendants'
valuation expert has opined that the fair value of Occam's common
stock on the Effective Date was less than the merger
consideration.
The Company estimates that as of the Effective Date, the class
held approximately 15,147,085 shares of Occam's common stock. In
addition to the difference between the fair value of Occam's
common stock on the Effective Date and the merger consideration,
the plaintiffs also seek an award of attorneys' fees and costs,
pre-judgment interest relating back to the Effective Date, and
post-judgment interest.
Because of these reasons, at this time, the Company is unable to
quantify its indemnification risk or estimate a reasonably
possible range of loss for this action.
"We intend to defend this case vigorously as we continue to
believe the claims to be without merit," the Company said.
Calix, Inc. is a global provider of broadband communications
access systems and software for fiber- and copper-based network
architectures that enable communications service providers
("CSPs") to transform their networks and connect to their
residential and business subscribers.
CARIDAD DEL COBRE-REYES: Violated FLSA, "Moschella" Suit Claims
---------------------------------------------------------------
Rolando S. Moschella and other similarly-situated individuals, the
Plaintiffs, v. Caridad Del Cobre-Reyes Corp. d/b/a Las Delicias
Peruanas, Carlos Reyes and Roberto Reyes Jr., individually, the
Defendants, Case No. 0:16-cv-60649-WJZ (S.D. Fla., Fort Lauderdale
Div., March 28, 2016), seeks to recover money damages for unpaid
overtime wages under the Fair Labor Standards Act (FLSA).
Caridad Del Cobre-Reyes is engaged in Permanent Food Service
business. It is an Alcoholic Beverages & Tobacco - Retail Beverage
licensed company in Florida.
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
Miami, FL 33156
Telephone: (305) 446 1500
Facsimile: (305) 446 1502
E-mail: zep@thepalmalawgroup.com
CBRE GROUP: Misclassifies Managers as Exempt, "Thoma" Alleges
-------------------------------------------------------------
Steve Thoma, on behalf of himself and all others similarly
situated, Plaintiff, v. CBRE Group, Inc., CBRE, Inc., and Does
1-50, Defendants, Case No. BC612940 (Cal. Super., March 8, 2016),
alleges that Defendants misclassified Plaintiff and its other
California facility managers as exempt, resulting in the
violations of the Labor Code and related claims. Plaintiff
demands a trial by jury.
CBRE provides real estate services to owners, investors, and
occupiers.
The Plaintiff is represented by:
Chris Baker, Esq.
BAKER & SCHWARTZ, P.C.
444 Montgomery Street, Suite 3520
San Francisco, CA 94104
Tel: (415) 433-1064
Fax: (415) 520-0446
Email: cbaker@bakerlp.com
CHELSEA COTTAGE: Sued Over Americans with Disabilities Act Breach
-----------------------------------------------------------------
Carr Massi, individually and on behalf of all others similarly
situated v. Chelsea Cottage Corp. and Fika 180 9th Avenue, LLC,
Case No. 1:16-cv-02040-PGG (S.D.N.Y., March 22, 2016), is brought
against the Defendants for violation of the Americans with
Disabilities Act.
The Defendants own and operate a restaurant in New York.
The Plaintiff is represented by:
James E. Bahamonde, Esq.
LAW OFFICES OF JAMES E. BAHAMONDE, PC
2501 Jody Court
North Bellmore, NY 11710
Telephone: (516) 783-9662
Facsimile: (646) 435-4376
E-mail: James@CivilRightsNY.com
CHESAPEAKE ENERGY: Violated Sherman Act, "Ruby" Suit Claims
-----------------------------------------------------------
The Ruby L. Stucky Trust Dated April 22, 1997, on behalf of itself
and all others similarly situated, the Plaintiff, v. Chesapeake
Energy Corporation, Chesapeake Exploration, L.L.C., as successor
by merger to Chesapeake Exploration, L.P., Sandridge Energy, INC.,
and Tom L. Ward, the Defendants, Case No. 5:16-cv-00293-C (W.D.
Okla., March 29, 2016), seeks to recover treble damages from the
Defendants for their conspiracy to rig bids, fix prices and
depress the market for purchases of oil and natural gas leasehold
and working interests in violation of the Sherman Act.
Chesapeake Energy is a producer of natural gas, oil and natural
gas liquids (NGL) in the United States. The Company operates in
two segments: Exploration and Production, and Marketing, Gathering
and Compression.
The Plaintiff is represented by:
Terry W. West, Esq.
Bradley C. West, Esq.
THE WEST LAW FIRM
124 West Highland Street
Shawnee, OK 74801
Telephone: (405) 395 4699
Facsimile: (405) 275 0052
E-mail: brad@thewestlawfirm.com
terry@thewestlawfirm.com
- and -
R. Bryant McCulley, Esq.
Stuart H. McCluer, Esq.
MCCULLEY MCCLUER PLLC
1022 Carolina Boulevard, Suite 300
P.O. Box 505
Charleston, SC 29451
Telephone: (205) 238 6757
Facsimile: (662) 368 1506
E-mail: bmcculley@mcculleymccluer.com
smccluer@mcculleymccluer.com
- and -
A. Hoyt Rowell, III, Esq.
James L. Ward, Jr., Esq.
RICHARDSON, PATRICK, WESTBROOK & BRICKMAN LLC
P.O. Box 1007
Mt. Pleasant, SC 29465
Telephone: (843) 727 6500
Facsimile: (843) 216 6509
E-mail: hrowell@rpwb.com
jward@rpwb.com
CINEMARK USA: Opening Brief Due June 13 in 9th Cir. Appeal
----------------------------------------------------------
Plaintiffs in a class action lawsuit have filed an appeal with the
U.S. Court of Appeals for the Ninth Circuit and the case is
captioned as Silken Brown, and Mario De La Rosa, individually and
on behalf of other members of the general public similarly
situated and as aggrieved employers pursuant to the Private
Attorneys General Act, Plaintiffs, v. Cinemark USA, Inc.,
Defendant, Case No. 16-15377 (9th Cir., March 9, 2016). The Ninth
Circuit has issued the following schedule:
* Mediation Questionnaire due on March 15, 2016.
* Transcript ordered by April 4, 2016.
* Transcript due May 3, 2016.
* Plaintiffs' opening brief due June 13, 2016.
* Defendant's answering brief due July 13, 2016.
* Plaintiffs' optional reply brief is due 14 days after service of
the answering brief.
The Plaintiffs are represented by:
Glenn A. Danas, Esq.
Melissa Grant, Esq.
Katherine Ward Kehr, Esq.
Jonathan Sing Lee, Esq.
CAPSTONE LAW APC
1840 Century Park East
Los Angeles, CA 90067
Tel: (310) 556-4811
The Defendants are represented by:
Matthew I. Bobb, Esq.
HUNTON & WILLIAMS LLP
550 South Hope Street
Los Angeles, CA 90071-2627
Tel: (213) 532-2116
- and -
Michael Brett Burns, Esq.
HUNTON & WILLIAMS LLP
575 Market Street
San Francisco, CA 94105
Tel: (415) 975-3725
- and -
Emily Burkhardt Vicente, Esq.
HUNTON & WILLIAMS LLP
600 Peachtree Street N.E.
Atlanta, GA 30308-2216
Tel: (404) 888-4000
CITY NATIONAL BANK: Faces "Madison" Suit Over Ponzi Scheme
----------------------------------------------------------
John Walter Madison; Willard Bronson, as Trustee of The Willard
Bronson Revocable Trust; Jo Ann Casso; Pamela J. Geremia; and
Kasia Stefanek, as Trustee of the Kasia Stefanek Revocable Trust,
and all others similarly situated v. Joel Barry Gillis, Edward
Wishner, City National Bank, N.A., Patrick Brian Fitzwilliam,
Betty Saleh Fitzwilliam, an individual, Does 1 through 100,
inclusive, Case No. 5:16-cv-00502-R-MRW (C.D. Cal., March 18,
2016), is an action for damages as a result of the Defendants'
alleged Ponzi scheme, specifically by selling non-existent
automated teller machines ("ATMs") to unwitting investors and
purportedly lease the ATMs back from the victims.
City National Bank, N.A. is a national banking association with
its principal place of business located in Los Angeles,
California.
The Plaintiff is represented by:
Robert L. Brace, Esq.
LAW OFFICES OF ROBERT L. BRACE
115 E. Islay Street
Santa Barbara, CA 93101
Telephone: (805) 845-8211
E-mail: rlbrace@rusty.lawyer
- and -
Michael P. Denver, Esq.
HOLLISTER & BRACE
A Professional Corporation
1126 Santa Barbara Street
Santa Barbara, CA 93101
Telephone: (805) 963-6711
Facsimile: (805) 965-0329
E-mail: mpdenver@hbsb.com
CLEARSPRING LOAN: Illegally Collects Debt, "Tabick" Suit Claims
---------------------------------------------------------------
Christopher Tabick, on behalf of himself and all other similarly
situated consumers v. Clearspring Loan Services, Inc. a/k/a
Vantium Capital, Inc. a/k/a Strategic Recovery Group, Case No.
1:16-cv-01420 (E.D.N.Y., March 23, 2016), seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.
Clearspring Loan Services, Inc. operates a financial services
company that provides mortgage loans.
The Plaintiff is represented by:
Adam Jon Fishbein, Esq.
ADAM J. FISHBEIN, ATTORNEY AT LAW
483 Chestnut Street
Cedarhurst, NY 11516
Telephone: (516) 791-4400
Facsimile: (516) 791-4411
E-mail: fishbeinadamj@gmail.com
CLECO CORP: Still Defends Merger Suit in Louisiana
--------------------------------------------------
Cleco Corporation and Cleco Power LLC said in their Form 10-K
Report filed with the Securities and Exchange Commission on
February 26, 2016, for the fiscal year ended December 31, 2015,
that the Company continues to defend a class action lawsuit
related to a plan of merger.
In connection with the Agreement and Plan of Merger, dated as of
October 17, 2014, by and among Cleco Partners, Merger Sub, and
Cleco Corporation, four actions were filed in the Ninth Judicial
District Court for Rapides Parish, Louisiana and three actions
were filed in the Civil District Court for Orleans Parish,
Louisiana. The petitions in each action generally allege, among
other things, that the members of the Cleco Corporation Board of
Directors breached their fiduciary duties by, among other things,
conducting an allegedly inadequate sale process, agreeing to the
Merger at a price that allegedly undervalues Cleco, and failing to
disclose material information about the Merger. The petitions also
allege that Cleco Partners, Cleco Corporation, Merger Sub, and in
some cases, certain of the investors in Cleco Partners, either
aided and abetted or entered into a civil conspiracy to advance
those supposed breaches of duty. The petitions seek various
remedies, including an injunction against the Merger and monetary
damages, including attorneys' fees and expenses.
The four actions filed in the Ninth Judicial District Court for
Rapides Parish are captioned as follows:
* Braunstein v. Cleco Corporation, No. 251,383B (filed October 27,
2014),
* Moore v. Macquarie Infrastructure and Real Assets, No. 251,417C
(filed October 30, 2014),
* Trahan v. Williamson, No. 251,456C (filed November 5, 2014), and
* L'Herisson v. Macquarie Infrastructure and Real Assets, No.
251,515F (filed November 14, 2014).
On November 14, 2014, the plaintiff in the Braunstein action moved
for a dismissal of the action without prejudice, and that motion
was granted on November 19, 2014. On December 3, 2014, the Court
consolidated the remaining three actions and appointed interim co-
lead counsel.
On December 18, 2014, the plaintiffs in the consolidated action
filed a Consolidated Amended Verified Derivative and Class Action
Petition for Damages and Preliminary and Permanent Injunction (the
Consolidated Amended Petition). The consolidated action names
Cleco Corporation, its directors, Cleco Partners, and Merger Sub
as defendants. The Consolidated Amended Petition alleges, among
other things, that the directors breached their fiduciary duties
to Cleco's shareholders and grossly mismanaged Cleco by approving
the Merger Agreement because it allegedly does not value Cleco
adequately, failing to structure a process through which
shareholder value would be maximized, engaging in self-dealing by
ignoring conflicts of interest, and failing to disclose material
information about the Merger. The Consolidated Amended Petition
further alleges that all defendants conspired to commit the
breaches of fiduciary duty.
Cleco believes that the allegations of the Consolidated Amended
Petition are without merit and that it has substantial meritorious
defenses to the claims set forth in the Consolidated Amended
Petition.
No further updates were provided in the Company's SEC report.
Cleco Corporation is a public utility holding company which holds
investments in several subsidiaries, including Cleco Power.
CLECO CORP: Bid to Dismiss Class Suit Fully Briefed
---------------------------------------------------
Cleco Corporation and Cleco Power LLC said in their Form 10-K
Report filed with the Securities and Exchange Commission on
February 26, 2016, for the fiscal year ended December 31, 2015,
that Cleco's exceptions seeking dismissal of a class action
realted to a plan of merger have been fully briefed and will be
set for hearing at a later date.
The three actions filed in the Civil District Court for Orleans
Parish are captioned as follows:
* Butler v. Cleco Corporation, No. 2014-10776 (filed November 7,
2014),
* Creative Life Services, Inc. v. Cleco Corporation, No. 2014-
11098 (filed November 19, 2014), and
* Cashen v. Cleco Corporation, No. 2014-11236 (filed November 21,
2014).
Both the Butler and Cashen actions name Cleco Corporation, its
directors, Cleco Partners, Merger Sub, Macquarie Infrastructure
and Real Assets Inc. (MIRA), British Columbia Investment
Management Corporation, and John Hancock Financial as defendants.
The Creative Life Services action names Cleco Corporation, its
directors, Cleco Partners, Merger Sub, MIRA, and Macquarie
Infrastructure Partners III, L.P., as defendants.
On December 11, 2014, the plaintiff in the Butler action filed an
Amended Class Action Petition for Damages.
Each petition alleges, among other things, that the directors
breached their fiduciary duties to Cleco's shareholders by
approving the Merger Agreement because it allegedly does not value
Cleco adequately, failing to structure a process through which
shareholder value would be maximized and engaging in self-dealing
by ignoring conflicts of interest.
The Butler and Creative Life Services petitions also allege that
the directors breached their fiduciary duties by failing to
disclose material information about the Merger.
Each petition further alleges that Cleco, Cleco Partners, Merger
Sub, and certain of the investors in Cleco Partners aided and
abetted the directors' breaches of fiduciary duty.
On December 23, 2014, the directors and Cleco filed declinatory
exceptions in each action on the basis that each action was
improperly brought in Orleans Parish and should either be
transferred to the Ninth Judicial District Court for Rapides
Parish or dismissed. On December 30, 2014, the plaintiffs in each
action jointly filed a motion to consolidate the three actions
pending in Orleans Parish and to appoint interim co-lead
plaintiffs and co-lead counsel.
On January 23, 2015, the Court in the Creative Life Services case
sustained the defendants' declinatory exceptions and dismissed the
case so that it could be transferred to the Ninth Judicial
District Court for Rapides Parish.
On February 5, 2015, the plaintiffs in Butler and Cashen also
consented to the dismissal of their cases from Orleans Parish so
they could be transferred to the Ninth Judicial District Court for
Rapides Parish.
On February 25, 2015, the Ninth Judicial District Court for
Rapides Parish held a hearing on a motion for preliminary
injunction filed by plaintiffs Moore, L'Herisson, and Trahan
seeking to enjoin the shareholder vote at the Special Meeting of
Shareholders scheduled for February 26, 2015, for approval of the
Merger Agreement. Following the hearing, the Court denied the
plaintiffs' motion.
On June 19, 2015, three of the plaintiffs filed their Second
Consolidated Amended Verified Derivative and Class Action
Petition. This will be considered according to a schedule
established by the Ninth Judicial District Court for Rapides
Parish.
Cleco filed exceptions seeking dismissal of the amended petition
on July 24, 2015. Cleco's exceptions have been fully briefed and
will be set for hearing at a later date. Cleco believes that the
allegations of the petitions in each action are without merit and
that it has substantial meritorious defenses to the claims set
forth in each of the petitions.
No further updates were provided in the Company's SEC report.
Cleco Corporation is a public utility holding company which holds
investments in several subsidiaries, including Cleco Power.
COLONIAL GROCERS: "Murvin" Suit Seeks to Recover Unpaid Wages
-------------------------------------------------------------
Kenneth Murvin, on behalf of himself and similarly situated
employees, Plaintiff, v. Colonial Grocers, Inc., Khalil Hamdan,
and Yasin Saad, Defendants, Case No. 8:16-cv-00561-SDM-EAJ (Fla.
Cir., March 8, 2016), seeks to recover unpaid wages and/or
overtime, liquidated damages, and attorneys' fees and costs owed
to Plaintiff and similarly situated employees.
Plaintiff demands a trial by jury on all issues on triable.
The case is assigned to Judge Steven D. Merryday.
The Plaintiff is represented by:
Ashleigh Shelver, Esq.
A Bales Professional Association
625 E. Twiggs St., Suite 100
Tampa, FL 33602
Tel: (813) 224-9100
Fax: (813) 224-9109
Email: Team-EmploymentLaw@JohnBales.com
COMENITY LLC: Has Made Unsolicited Calls, "Sorrell" Action Claims
-----------------------------------------------------------------
Marjorie Sorrell, individually and on behalf of all others
similarly situated v. Comenity LLC, Comenity Bank, Comenity
Capital Bank, Lending Club Corporation, Lending Club Patient
Solutions, and Springstone Financial LLC, Case No. 3:16-cv-00034-
CDL (M.D. Ga., March 28, 2016), seeks to stop the Defendant's
practice of making unsolicited calls.
The Defendants own and operate a bank with its principal place of
business in Columbus, Ohio.
The Plaintiff is represented by:
Ben F. Windham, Esq.
239 Village Ctr Pkwy Ste 170
Stockbridge, GA 30281
Telephone: (678) 565-8686
E-mail: ben@windhamlaw.com
- and -
Adam P. Plant, Esq.
Harlan F. Winn III, Esq.
Robert E. Battle, Esq.
BATTLE & WINN LLP
2901 Second Ave South, Suite 220
Birmingham, AL 35233
Telephone: (205) 397-8160
Facsimile: (205) 397-8179
E-mail: aplant@battlewinn.com
hwinn@battlewinn.com
rbattle@battlewinn.com
COMMONWEALTH DAIRY: Faces "Condon" Suit in S.D.N.Y.
---------------------------------------------------
A lawsuit has been filed against Commonwealth Dairy LLC. The case
is captioned Timothy Condon and John Does (1-100), individually on
behalf of himself and all others similarly situated, the
Plaintiff, v. Commonwealth Dairy LLC, the Defendant, Case No.
7:16-cv-02295 (S.D.N.Y., March 29, 2016).
Commonwealth Dairy produces and markets dairy products and
flavored yogurt. Its products include fruit, low and non-fat, vat
set, and Greek style yogurt. The company was founded in 2011 and
is based in Brattleboro, Vermont. Commonwealth Dairy, LLC operates
as a subsidiary of Ehrmann USA, LLC.
The Plaintiff appears pro se.
COMMUNICATIONS UNLIMITED: Misclassified Technicians, Fulton Says
----------------------------------------------------------------
Marcus Fulton, individually and on behalf of similarly situated
persons, Plaintiff, v. Communications Unlimited, Inc., C.U.
Employment, Inc., Communications Unlimited of the South, Inc.,
Communications Unlimited Contracting Services, Inc.,
Communications Unlimited Marketing Services, Inc., Broadband
Infrastructure & Connection, LLC, Communications Unlimited
Alabama, Inc. aka "Communications Unlimited, AL, Inc." and Martin
C. ROCHA, Defendants, Case No. 4:16-cv-00313 (E.D. Mo., March 8,
2016), seeks to recover unpaid overtime pay owed to him and
similarly situated technicians misclassified by Defendants as
"independent contractors" pursuant to the Fair Labor Standards
Act, 29 U.S.C. Section 201 et seq., and as a class action under
the Missouri Minimum Wage Law, R.S. Mo. Section 290.500, et seq.
Plaintiff requests a trial by jury of all issues triable by jury.
The Defendant entities are inter-related, commonly-owned and
commonly-controlled businesses that perform cable television and
internet installation services in Missouri, Alabama, Georgia,
Indiana, Maryland, North Carolina, South Carolina, Tennessee,
Texas, Virginia, and Washington DC, including services performed
for Charter Communications within the greater St. Louis area.
The Plaintiffs are represented by:
Lee W. Barron, Esq.
William D. Buchanan, Esq.
LEE W. BARRON, P.C.
112 Front Street
Alton, IL 62002
Tel: (618) 462-9160
Fax: (618) 462-9167
Email: Lee@leebarronlaw.com
Will@leebarronlaw.com
CONCRETE PLACEMENT: "Way" Suit Seeks Unpaid OT Pay Under FLSA
-------------------------------------------------------------
Robert Way, on behalf of himself and those similarly situated, the
Plaintiff, v. Concrete Placement Construction, Inc., a Georgia
For-Profit Corporation, and James Kimbler, individually, the
Defendants, Case No. 1:16-cv-00998-LMM (N.D. Ga., Atlanta Div.,
March 28, 2016), seeks to recover overtime unpaid back wages,
liquidated, relief, and reasonable attorney fees and cost from
Defendants, pursuant to the Fair Labor Standards Act (FLSA).
Concrete Placement is engaged in concrete finish construction
business.
The Plaintiff is represented by:
Andrew R. Frisch, Esq.
MORGAN & MORGAN, P. FL
600 N. Pine Island Road, Suite 400
Plantation, FL 33324
Telephone: (954) 318 0268
Facsimile: (954) 333 3515
E-mail: AFRISCH@FORTHEPEOPLE.COM
CONTRACTOR LABOR SERVICES: Violated FLSA, "Vasquez" Suit Claims
---------------------------------------------------------------
Javier Vazquez, on behalf of himself and other persons similarly
situated, the Plaintiff, v. Contractor Labor Services, LLC, Conrad
Industries, INC., and Eduardo Hernandez, the Defendants, Case No.
6:16-cv-00408 (W.D. La., March 28, 2016), seeks to recover unpaid
wages, interest, liquidated damages, and attorneys' fees and
costs, and declaratory and injunctive relief for violation of the
Fair Labor Standards Act (FLSA).
Contractor Labor Services is based in Morgan City, Louisiana. The
company's business includes construction, renovation, restoration,
plumbing, electrical, framing, and insurance claims assistance.
The Plaintiff is represented by:
Roberto L. Costales, Esq.
COSTALES LAW OFFICE
3801 Canal Street, Suite 207
New Orleans, LA 70119
Telephone: (504) 914 1048
E-mail: costaleslawoffice@gmail.com
- and -
William Henry Beaumont, Esq.
WILLIAM H. BEAUMONT LAW
3801 Canal Street, Suite 207
New Orleans, LA 70119
Telephone: (504) 483-8008
E-mail: whbeaumont@gmail.com
CONVERGENT OUTSOURCING: Illegally Collects Debt, Suit Claims
------------------------------------------------------------
Dara Miran, individually and on behalf of others similarly
situated v. Convergent Outsourcing, Inc., Case No. 3:16-cv-00692-
AJB-JMA (S.D. Cal., March 23, 2016), seeks to stop the Defendant's
unfair and unconscionable means to collect a debt.
Convergent Outsourcing, Inc. operates a third party collection
firm in California.
The Plaintiff is represented by:
Asil Mashiri, Esq.
MASHIRI LAW FIRM
11251 Rancho Carmel Drive, Suite 500694
San Diego, CA 92150
Telephone: (858) 348-4938
Facsimile: (858) 348-4939
E-mail: alexmashiri@yahoo.com
COOK OUT INC: Violated FLSA & KWPCL, "Sherwood" Suit Claims
-----------------------------------------------------------
Justin Sherwood, individually and on behalf of all other persons
similarly situated, the Plaintiff, v. Cook Out, Inc., the
Defendant, Case No. 5:16-cv-00092-JMH (E.D. Ken., March 28, 2016),
seeks to recover all available relief under the Fair Labor
Standards Act of 1938 (FLSA), and the Kentucky's Wage Payment
Collection Law (KWPCL).
Cook Out is a privately held company with its headquarters at
Thomasville, North Carolina. The Defendant operates a chain of
over 150 restaurants in Georgia, Kentucky, Maryland, North
Carolina, South Carolina, Tennessee and Virginia.
The Plaintiff is represented by:
John C. Whitfield, Esq.
Gary E. Mason, Esq.
WHITFIELD BRYSON & MASON LLP
19 N Main St.
Madisonville, KY 42431
Telephone: (270) 821 0656
Facsimile: (202) 429 2294
E-mail: john@wbmllp.com
gmason@wbmllp.com
- and -
Nicholas A. Migliaccio, Esq.
Jason S. Rathod, Esq.
MIGLIACCIO & RATHOD LLP
412 H St NE, Suite 302
Washington, D.C. 20002
Telephone: (202) 470 3520
E-mail: jrathod@classlawdc.com
COWAN SYSTEMS: "Van" Labor Suit Moved from D. Ma. to D. Md.
-----------------------------------------------------------
Maximiliaan Van Ossenbruggen and Lu Ann Melanson, individually and
on behalf of all others similarly situated, v. Cowan Systems, LLC
and Joseph W. Cowan, Case No. 15-10529-GAO, was transferred from
US District Court for District of Massachussetts, to the
U.S. District Court for District of Maryland (Baltimore).
The Maryland District Court clerk assigned Case No. 1:16-cv-00914-
JFM to the proceeding.
The case arose seeking recovery of wages allegedly due to the
Plaintiffs due to alleged Defendants violation of the
Massachusetts Wage Act.
Cowan Systems is a transportation company. The Company provides
truckload freight transportation, based in Baltimore, Maryland.
COX COMMUNICATIONS: Removed "Amiri" Class Suit to C.D. California
-----------------------------------------------------------------
The class action lawsuit styled Faramarz Amiri, an individual on
behalf of himself and all other similarly situated v. Cox
Communications California, LLC and Does 1 through 25, inclusive,
Case No. 30-02016-00835723-CU, was removed from the Superior Court
of the State of CA; Orange County to the U.S. District Court for
the Central District of California (Southern Division - Santa
Ana). The District Court Clerk assigned Case No. 8:16-cv-00540 to
the proceeding.
The Plaintiff asserts labor-related claims.
Cox Communications California, LLC provides digital cable
television, telecommunications and Home Automation services in the
United States.
Faramarz Amiri is a pro se plaintiff.
CRAWFORD & COMPANY: Faces "Whitman" Suit Over Failure to Pay OT
---------------------------------------------------------------
Denise Whitman, individually and on behalf of all others similarly
situated v. Crawford & Company, Case No. 1:16-cv-00941-RWS (N.D.
Ga., March 23, 2016), is brought against the Defendant for failure
to pay overtime wages in violation of the Fair Labor Standards
Act.
Crawford & Company operates a claims management company located at
40 Technology Parkway South, Ste. 300, Norcross, Georgia 30092.
The Plaintiff is represented by:
Edward C. Konieczny, Esq.
EDWARD C. KONIECZNY LLC
230 Peachtree Street NW, Suite 2260
Atlanta, GA 30303
Telephone: (404) 380-1430
Facsimile: (404) 382-6011
E-mail: ed@koniecznylaw.com
- and -
Michael A. Starzyk, Esq.
April L. Walter, Esq.
Megan M. Mitchell, Esq.
STARZYK & ASSOCIATES, PC
10200 Grogan's Mill Rd, Suite 300
The Woodlands, Texas 77380
Telephone: (281) 364-7261
Facsimile: (281) 364-7533
E-mail: mstarzyk@starzyklaw.com
awalter@starzyklaw.com
mmitchell@starzyklaw.com
CRAWFORD & COMPANY: Faces "Tabron" Suit Over Failure to Pay OT
--------------------------------------------------------------
Christopher Tabron, Individually and on Behalf of All Others
Similarly Situated v. Crawford & Company, Case No. 1:16-cv-00940-
RWS (N.D. Ga., March 23, 2016), is brought against the Defendant
for failure to pay overtime wages in violation of the Fair Labor
Standards Act.
Crawford & Company operates a claims management company located at
40 Technology Parkway South, Ste. 300, Norcross, Georgia 30092.
The Plaintiff is represented by:
Edward C. Konieczny, Esq.
EDWARD C. KONIECZNY LLC
230 Peachtree Street NW, Suite 2260
Atlanta, GA 30303
Telephone: (404) 380-1430
Facsimile: (404) 382-6011
E-mail: ed@koniecznylaw.com
- and -
Michael A. Starzyk, Esq.
April L. Walter, Esq.
Megan M. Mitchell, Esq.
STARZYK & ASSOCIATES, PC
10200 Grogan's Mill Rd, Suite 300
The Woodlands, Texas 77380
Telephone: (281) 364-7261
Facsimile: (281) 364-7533
E-mail: mstarzyk@starzyklaw.com
awalter@starzyklaw.com
mmitchell@starzyklaw.com
CSK AUTO: Opening Brief in "Melgar" Appeal Due June 16
------------------------------------------------------
CSK Auto Inc., has filed an appeal with the U.S. Court of Appeals
for the Ninth Circuit and the case is captioned as, Osmin Melgar,
individually and on behalf of all others similarly situated,
Plaintiff, v. CSK Auto, Inc., Defendant, Case No. 16-15373 (9th
Cir., March 8, 2016). The Ninth Circuit has set this schedule:
* Mediation Questionnaire due on March 15, 2016.
* Transcript ordered by April 7, 2016.
* Transcript due May 9, 2016.
* Defendant's opening brief due June 16, 2016.
* Plaintiff's answering brief due July 18, 2016.
* Defendant's optional reply brief is due 14 days after service of
the answering brief.
The Plaintiffs are represented by:
Michael Malk, Esq.
Michael Malk, Esq., APC
1180 S. Beverly Drive
Los Angeles, CA 90035
Tel: (310) 203-0016
The Defendants are represented by:
John Marcher Morris, Esq.
Higgs Fletcher & Mack LLP
401 West A Street
San Diego, CA 92101
Tel: (619) 236-1551
- and -
James M. Peterson, Esq.
Higgs Fletcher & Mack LLP
401 West A Street
San Diego, CA 92101
Tel: (619) 236-1551
D. CEFALU MANAGEMENT: "Evans" Suit Seeks to Recover Overtime Pay
----------------------------------------------------------------
Troy Evans, Plaintiff, v. D. Cefalu Management, Inc. and
Christine Difiore Kirsch, individually, Defendants, Case No. 0:16-
cv-60613-WJZ (S.D. Fla., March 22, 2016), seeks unpaid overtime
wages, liquidated damages or pre-judgment interest, post-judgment
interest, reasonable attorney's fee and costs under the Fair Labor
Standards Act.
Plaintiff works as a cook for the Defendants and did not receive
overtime pay for services rendered in excess of 40 hours per work
week.
Defendants operate under the name Stromboli Pizza located in 801
S. University Dr. C-101, Plantation, FL, 33324 and is owned by
Kirsch.
The Plaintiff is represented by:
Brian Militzok, Esq.
MILITZOK LAW, P.A.
Wells Fargo Building
4600 Sheridan Street, Suite 402
Hollywood, FL 33021
Tel: (954) 780-8228
Fax: (954) 719-4016
Email: bjm@militzoklaw.com
DEVIANTART INC: "Hanberg" Suit Seeks to Recover Damages Under CLR
-----------------------------------------------------------------
Kristyne Hanberg, individually and on behalf of all others
similarly situated, the Plaintiff, v. Deviantart, Inc., a Delaware
corporation, and Does 1-10, inclusive, the Defendants, Case No.
BC615184 (Cal. Super. Ct. - Los Angeles County, March 28, 2016),
seeks to recover damages, restitution, injunctive, and/or other
equitable relief, and reasonable attorney's fees and costs under
California Business and Profession Code, Consumer Legal Remedies
(CLR), and California Code of Civil Procedure.
Deviantart operates an online social network for artists and art
enthusiasts. The company offers Deviantart, an online art
community that allows emerging and established artists to exhibit,
promote, and share their works within a peer community dedicated
to the arts. It allows users to upload various categories of art
works, such as digital arts, traditional arts, photography,
artisan crafts, literature, film and animation, flash, designs and
interfaces, customization, cartoons and comics, fan arts,
resources and stock images, community projects, contests, design
challenges, journals, and scraps. The company was founded in 2000
and is based in Hollywood, California.
The Plaintiff is represented by:
Gillian L. Wade, Esq.
Sara D. Avila, Esq.
Marc A. Castaneda
MILSTEIN ADELMAN, LLP
10250 Constellation Blvd., 14th Floor
Los Angeles, CA 90067
Facsimile: (310) 396 9635
Telephone: (310) 396 9600
E-mail: gwade@milsteinadelman.com
DREAMER'S PIZZA: Faces "Perez" Labor Suit in S.D.N.Y. Foley Sq.
--------------------------------------------------------------
A lawsuit has been filed against Dreamer's Pizza. The case is
captioned Adan Antonio Perez, on behalf of all others similarly
situated, the Plaintiff, v. Dreamer's Pizza and Jorge Peralta, the
Defendant, Case No. 1:16-cv-02285 (S.D.N.Y., March 29, 2016).
Dreamer's Pizza is located in the Upper East Side neighborhood of
Manhattan and serves Italian, Healthy, Pizza, Organic, and Wings
cuisine.
The Plaintiff appears pro se.
DS HEALTHCARE: Violated Exchange Act, "Shah" Suit Claims
--------------------------------------------------------
Prasant Shah, individually and on behalf of all others similarly
situated, the Plaintiff, v. DS Healthcare Group, Inc., Daniel
Khesin, Renee Barch-Niles, Dianne Rosenfeld, Karl Sweis, and
Michael Pope, the Defendant, Case No. 0:16-cv-60661-WPD (S.D.
Fla., March 29, 2016), seeks to recover compensable damages caused
by Defendants' violations of federal securities laws and pursue
remedies under the Securities Exchange Act of 1934 (Exchange Act).
DS Healthcare (doing business as DS Laboratories) is a Florida
corporation headquartered at Pompano Beach, Florida. DS Healthcare
engages in the discovery and development of drug therapies for
specialty pharmaceuticals as well as the commercialization of
personal care products for its consumer brands in North America
and internationally. DS Healthcare offers products in various
categories, including hair health, hair care, skin care, personal
care, anti-aging, and restructuring, as well as styling products.
The Company distributes its personal care products through a
network of domestic and international retailers and distributors.
The Plaintiff is represented by:
Laurence Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 34th Floor
New York, NY 10116
Telephone: (212) 686 1060
Facsimile: (212) 202 3827
Email: lrosen@rosenlegal.com
EMERALD ISLE: Failed to Pay Minimum and OT Wages, "Lugue" Says
--------------------------------------------------------------
Edison Lugue, on behalf of himself and all other similarly
situated employees, Plaintiff, Emerald Isle Assisted Living, Inc.,
and Does 1-100, Defendants, Case No. BC613056 (Cal. Super., March
8, 2016), alleges that Emerald Isle Assisted Living, Inc., failed
to pay minimum wage, failure to pay overtime, failed to pay wages,
failed to pay wages upon ending of employment, failed to keep
accurate payroll records and unfair competition.
Defendant, Emerald Isle Assisted Living, Inc., --
http://www.emeraldisleassistedliving.com/-- employs caregivers,
experienced companions and homemakers to provide home care and
companionship for their customers, 24 hours a day/7 days a week.
The Plaintiffs are represented by:
Gavril T. Gabriel, Esq.
THE LAW OFFICES OF GAVRIL T. GABRIEL
10810 Paramount Blvd., Suite 201
Downey, CA 90241
Tel: (562) 489-9400
Fax: (562) 912-2256
Email: GTGLaw13@gmail.com
EMPRO JOB NETWORK: "Cunningham" Suit Seeks to Recover OT Pay
------------------------------------------------------------
D'atra Cunningham, Plaintiff, v. Empro Job Network Inc. d/b/a
Angels In Waiting Home Care c/o Robert Boyd, Defendant, Case No.
1:16-cv-00711 (N.D. Ohio, Eastern Division, March 22, 2016), seeks
actual and liquidated damages for unpaid wages, pre-judgment and
post-judgment interest, attorneys' fees, costs and disbursements
and further and additional relief for violation of the Fair Labor
Standards Act and the Ohio Minimum Fair Wage Standards Act.
Empro Job Network Inc. is a home health care business located in
Lake County, Ohio where Plaintiff has been employed by Defendant
as a home health aide. Cunningham did not receive overtime pay for
hours in excess of 40 per week.
The Plaintiff is represented by:
Anthony J. Lazzaro, Esq.
Chastity L. Christy, Esq.
Lori M. Griffin, Esq.
THE LAZZARO LAW FIRM, LLC
920 Rockefeller Building
614 W. Superior Avenue
Cleveland, OH 44113
Tel: 216-696-5000
Fax: 216-696-7005
Email: anthony@lazzarolawfirm.com
chastity@lazzarolawfirm.com
lori@lazzarolawfirm.com
ENCORE RECEIVABLE MANAGEMENT: Faces " Shubladze" Suit in E.D.N.Y.
-----------------------------------------------------------------
A lawsuit has been filed against Encore Receivable Management,
Inc. The case is captioned Nani Shubladze, on behalf of herself
and all others similarly situated, the Plaintiff, v. Encore
Receivable Management, Inc., the Defendant, Case No. 1:16-cv-01501
(E.D.N.Y., March 28, 2016).
Encore Receivable Management provides collections management
solutions. It offers pre charge-off account management and primary
post charge-off management services. The company serves wireline,
wireless, and cable communications service providers; banks;
credit card, auto, and installment lenders; and companies who
service their private label cards in the United States. The
company was incorporated in 1999 and is based in Olathe, Kansas.
It has locations in Lenexa, Kansas; and the Philippines. Encore
Receivable Management, Inc. operates as a subsidiary of Convergys
Customer Management Group, Inc.
Nani Shubladze is a pro se plaintiff.
ENTERGY CORP: Texas Supreme Court Ordered Parties to File Briefs
----------------------------------------------------------------
Entergy Corporation, Entergy New Orleans, Inc., Entergy Arkansas,
Inc., and Entergy Texas, Inc., Entergy Louisiana, LLC, System
Energy Resources, Inc., and Entergy Mississippi, Inc., said in
their Form 10-K Report filed with the Securities and Exchange
Commission on February 26, 2016, for the fiscal year ended
December 31, 2015, that the Supreme Court of Texas has issued an
order requiring the parties to file briefs on the merits in the
Texas power price lawsuit.
In August 2003, a lawsuit was filed in the district court of
Chambers County, Texas by Texas residents on behalf of a purported
class of the Texas retail customers of Entergy Gulf States, Inc.
who were billed and paid for electric power from January 1, 1994
to the present. The named defendants include Entergy Corporation,
Entergy Services, Entergy Power, Entergy Power Marketing Corp.,
and Entergy Arkansas. Entergy Gulf States, Inc. was not a named
defendant, but was alleged to be a co-conspirator. The court
granted the request of Entergy Gulf States, Inc. to intervene in
the lawsuit to protect its interests.
Plaintiffs allege that the defendants implemented a "price gouging
accounting scheme" to sell to plaintiffs and similarly situated
utility customers higher priced power generated by the defendants
while rejecting less expensive power offered from off-system
suppliers. In particular, plaintiffs allege that the defendants
manipulated and continue to manipulate the dispatch of generation
so that power is purchased from affiliated expensive resources
instead of buying cheaper off-system power.
Plaintiffs stated in their pleadings that customers in Texas were
charged at least $57 million above prevailing market prices for
power. Plaintiffs seek actual, consequential and exemplary
damages, costs and attorneys' fees, and disgorgement of profits.
The plaintiffs' experts have tendered a report calculating damages
in a large range, from $153 million to $972 million in present
value, under various scenarios as of the date of the report. The
Entergy defendants have tendered expert reports challenging the
assumptions, methodologies, and conclusions of the plaintiffs'
expert reports.
In March 2012 the state district court found that the case met the
requirements to be maintained as a class action under Texas law.
In April 2012 the court entered an order certifying the class.
The defendants appealed the order to the Texas Court of Appeals -
First District and oral argument was held in May 2013.
In November 2014 the Texas Court of Appeals - First District
reversed the state district court's class certification order and
dismissed the case holding that the state district court lacked
subject matter jurisdiction to address the issues. Plaintiffs
filed a motion for rehearing and a motion for rehearing en banc.
In May 2015 the Court of Appeals granted plaintiffs' motion for
rehearing, withdrew its prior opinion, and set the case for
resubmission in June 2015. In July 2015 the Court of Appeals
issued a new opinion again finding that the plaintiffs' claims
fall within the exclusive jurisdiction of the FERC and, therefore,
the trial court lacked subject matter jurisdiction over the case.
The Court of Appeals ordered that the state district court dismiss
all claims against the Entergy defendants.
In September 2015 plaintiffs filed a petition for review at the
Supreme Court of Texas. At the request of the Court, the Entergy
defendants filed a response in December 2015. In January 2016 the
Supreme Court of Texas issued an order requiring the parties to
file briefs on the merits.
FAIRVIEW HEALTH: Samuel Zean Brief in 8th Cir. Appeal Due May 17
----------------------------------------------------------------
Samuel Zean, on behalf of himself and all others similarly
situated, V. Fairview Health Services, doing business as Fairview
Home Medical Equipment, , Case No. 16-1747 (8th Cir,
March 24, 2016), is an appeal filed before the United States Court
of Appeals for the Eighth Circuit from a lower court decision in a
class action, Case No. 0:15-cv-03217-PAM (D. Minn., March 28,
2016).
Appellant Samuel Zean's opening brief is due May 17, 2016.
Appellee Fairview Health Services answering brief is due 30 days
from the date the court issues the Notice of Docket Activity
filing the brief of appellant.
Appellant reply brief is due 14 days from the date the court
issues the Notice of Docket Activity filing the appellee brief.
Samuel Zean, on behalf of himself and all others similarly
situated, is represented by:
Patricia A. Bloodgood, Esq.
Shawn J. Wanta, Esq.
BAILLON & THOME
100 S Fifth Street, Suite 1200
Minneapolis, MN 55402
Telephone: (612) 252 3570
Appellee, Fairview Health Services, is represented by:
Calvin Patrick Hoffman, Esq.
Todd Noteboom, Esq.
Bryant D. Tchida, Esq.
STINSON & LEONARD
150 S. Fifth Street, Suite 2300
Minneapolis, MN 55402-0000
Telephone: (612) 335 1500
FINS CONSTRUCTION: "Lopez" Suit Seeks to Recover Overtime Pay
-------------------------------------------------------------
Juan Pablo Lopez, on behalf of himself and other persons similarly
situated Plaintiffs, v. F.I.N.S. Construction, LLC, Robert L.
Armbruster, Jr. and Nicole L. Armbruster, Defendants, Case No.
2:16-cv-02408 (E.D. La., March 22, 2016), seeks unpaid overtime
wages due, liquidated damages, reasonable attorneys' fees and
costs, pre-judgment and post-judgment interest and such other
general and equitable relief under the Fair Labor Standards Act.
F.I.N.S. is a limited liability company organized under the laws
of Louisiana with its principal place of business in New Orleans,
Louisiana and is in the housing construction business in the state
of Louisiana where Plaintiff worked as a manual laborer.
The Plaintiff is represented by:
Roberto Luis Costales, Esq.
3801 Canal Street, Suite 207
New Orleans, LA 70119
Tel: (504) 914-1048
Fax: (504) 272-2956
Email: costaleslawoffice@gmail.com
- and -
William H. Beaumont, Esq.
3801 Canal Street, Suite 207
New Orleans, LA 70119
Louisiana Bar #33005
Tel: (504) 483-8008
whbeaumont@gmail.com
FIREEYE INC: May 13 Hearing on Class Certification Bid
------------------------------------------------------
FireEye, Inc. said in its Form 10-K Report filed with the
Securities and Exchange Commission on February 26, 2016, for the
fiscal year ended December 31, 2015, that the plaintiffs' motion
seeking certification of the putative class is currently scheduled
for a hearing on May 13, 2016.
The Company said, "On June 20, 2014, a purported stockholder class
action lawsuit was filed in the Superior Court of California,
County of Santa Clara, against the Company, current and former
members of our Board of Directors, current and former officers,
and the underwriters of our March 2014 follow-on public offering.
On July 17, 2014, a substantially similar lawsuit was filed in the
same court against the same defendants. The actions were
consolidated and, on March 4, 2015, an amended complaint was
filed, alleging violations of the federal securities laws on
behalf of a purported class consisting of purchasers of the
Company's common stock pursuant or traceable to the registration
statement and prospectus for the follow-on public offering, and
seeking unspecified compensatory damages and other relief."
On April 20, 2015, defendants filed demurrers seeking that the
amended complaint be dismissed. On August 11, 2015, the court
overruled defendants' demurrers. On November 16, 2015, plaintiffs
filed a motion seeking certification of the putative class,
currently scheduled for a hearing on May 13, 2016.
On January 6, 2016, the Company and the individual defendants
filed a motion for judgment on the pleadings seeking that the
action be dismissed for lack of subject-matter jurisdiction,
scheduled for a hearing on April 1, 2016.
The Company intends to defend the litigation vigorously. Based on
information currently available, the Company has determined that
the amount of any possible loss or range of possible loss is not
reasonably estimable."
FireEye provides a comprehensive cybersecurity solution for
detecting, preventing, analyzing and resolving today's advanced
cyber-attacks that evade legacy signature-based security products.
FIREEYE INC: Motion to Dismiss Stockholder Action Pending
---------------------------------------------------------
FireEye, Inc. said in its Form 10-K Report filed with the
Securities and Exchange Commission on February 26, 2016, for the
fiscal year ended December 31, 2015, that no ruling has been
issued on the defendants' motion to dismiss a stockholder class
action lawsuit in California.
On November 24, 2014, a purported stockholder class action lawsuit
was filed in the United States District Court for the Northern
District of California against the Company and certain of its
officers. On June 29, 2015, plaintiffs filed a consolidated
complaint alleging violations of the federal securities laws on
behalf of a putative class of all persons who purchased or
otherwise acquired the Company's securities between January 2,
2014, and November 4, 2014. Plaintiffs seek, among other things,
compensatory damages and attorneys' fees and costs on behalf of
the putative class.
On August 21, 2015, defendants filed a motion to dismiss, which
was heard on November 12, 2015. No ruling has been issued on the
motion. The Company intends to defend the litigation vigorously.
FireEye provides a comprehensive cybersecurity solution for
detecting, preventing, analyzing and resolving today's advanced
cyber-attacks that evade legacy signature-based security products.
FIRST AMERICAN HOME: Permission to Appeal Filed in "Carrera" Suit
-----------------------------------------------------------------
Plaintiffs in a class action lawsuit against First American Home
Buyers Protection Company have filed with the U.S. Court of
Appeals for the Ninth Circuit a petition seeking permission to
appeal pursuant to Fed.R.Civ.P. 23(f). The case is, Nancy
Carrera, Karen Jullien, Brent Morrison, Anna Hershey, and Emily
Diaz, on behalf of themselves and all others similarly situated,
Plaintiffs, v. First American Home Buyers Protection Company,
Defendant, Case No. 16-80032 (9th Cir., March 8, 2016).
The Plaintiffs are represented by:
Francis A. Bottini, Jr., Esq.
Bottini & Bottini, Inc.
7817 Ivanhoe Avenue
La Jolla, CA 92037
Tel: (858) 914-2001
- and -
Albert Y. Chang, Esq.
Bottini & Bottini, Inc.
7817 Ivanhoe Avenue
La Jolla, CA 92037
Tel: (858) 914-2001
- and -
Yury Kolesnikov, Esq.
Bottini & Bottini, Inc.
7817 Ivanhoe Avenue
La Jolla, CA 92037
Tel: (858) 914-2001
- and -
Niall McCarthy, Esq.
Cotchett, Pitre & McCarthy, LLP
840 Malcolm Road
Burlingame, CA 94010
Tel: (650) 697-6000
- and -
Anne Marie Murphy, Esq.
Cotchett, Pitre & McCarthy, LLP
840 Malcolm Road
Burlingame, CA 94010
Tel: (650) 697-6000
The Defendants are represented by:
Paul Kakuske, Esq.
Dentons US LLP
601 South Figueroa Street
Los Angeles, CA 90017
Tel: (213) 892-5155
- and -
Charles A. Newman, Esq.
SNR Denton US LLP
One Metropolitan Square Bldg.
St. Louis, MO 63102
Tel: (314) 241-1800
- and -
Joel David Siegel, Esq.
Dentons US LLP
601 South Figueroa Street
Los Angeles, CA 90017
Tel: (213) 623-9300
- and -
Edward Patrick Swan, Jr., Esq.
Jones Day
12265 El Camino Real
San Diego, CA 92130
Tel: (858) 703-3132
FIRSTMERIT CORPORATION: Sued Over Proposed Huntington Merger
------------------------------------------------------------
Jack Wilkinson, on behalf of himself and all others similarly
situated, and derivatively on behalf of FirstMerit Corporation v.
FirstMerit Corporation, Huntington Bancshares, Inc., West
Subsidiary Corporation, Paul G. Greig, Lizabeth Ardisana, Steven
H. Baer, Karen S. Belden, R. Cary Blair, John C. Blickle, Robert
W. Briggs, Richard Colella, Robert S. Cubbin, Gina D. France,
Terry L. Haines, J. Michael Hochschwender, Philip A. Lloyd, II,
and Russ M. Strobel, Case No. 5:16-cv-00723-SL (N.D. Ohio, March
23, 2016), is brought on behalf of the public shareholders of
FirstMerit, to enjoin the Defendants' attempt to sell the Company
to Huntington Bancshares, Inc., through its wholly owned
subsidiary, West Subsidiary Corporation, by means of an unfair
process and for an unfair price.
Headquartered in Akron, Ohio, FirstMerit Corporation is a bank
holding company with assets of approximately $25.5 billion -- that
provides diversified banking, fiduciary, financial, insurance and
investment services to corporate, institutional, and individual
consumers.
Huntington Bancshares, Inc. is a Maryland corporation that
provides commercial, small business, consumer, and mortgage
banking services.
West Subsidiary Corporation is an Ohio corporation wholly owned by
Huntington that was created for the purposes of effectuating the
Proposed Transaction.
The Plaintiff is represented by:
Chris T. Nolan, Esq.
PERANTINIDES & NOLAN CO., L.P.A.
300 Courtyard Square 80 South Summit Street
Akron, OH 44308-1736
Telephone: (330) 253-5454
Facsimile: (330) 253-6524
E-mail: cnolan@perantinides.com
- and -
Shannon L. Hopkins, Esq.
LEVI & KORSINSKY, LLP
733 Summer Street, Suite 304
Stamford, CT 06901
Telephone: (203) 992-4523
Facsimile: (212) 363-7171
E-mail: shopkins@zlk.com
FIRST NATIONAL: Accused of Wrongful Conduct Over Debt Collection
----------------------------------------------------------------
Jonathon K. Lee, on behalf of himself and those similarly situated
v. First National Collection Bureau, Inc., LVNV Funding LLC,
Sherman Originator, LLC, Resurgent Capital Services, L.P., Alegis
Group, LLC, and John Does 1 to 10, Case No. 2:16-cv-01671-JLL-JAD
(D.N.J., March 28, 2016), seeks to stop the Defendant's unfair and
unconscionable means to collect a debt.
The Defendants own and operate a debt collection firm in New
Jersey.
The Plaintiff is represented by:
Yongmoon Kim, Esq.
KIM LAW FIRM LLC
411 Hackensack Ave 2 Fl.
Hackensack, NJ 07601
Telephone: (201) 273-7117
Facsimile: (201) 273-7117
E-mail: ykim@kimlf.com
FLY LEASING: Faces "Margolis" Suit Over Misleading Fin'l Reports
----------------------------------------------------------------
Gerald Margolis, individually and on behalf of all others
similarly situated v. Fly Leasing Limited, Colm Barrington, and
Gary Dales, Case No. 1:16-cv-02220 (S.D.N.Y., March 25, 2016),
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.
Fly Leasing Limited engages in purchasing and leasing commercial
aircraft under multi-year contracts to various airlines worldwide.
The Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Marc Gorrie, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
mgorrie@pomlaw.com
- and -
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
10 South La Salle Street, Suite 3505
Chicago, IL 60603
Telephone: (312) 377-1181
Facsimile: (312) 377-1184
E-mail: pdahlstrom@pomlaw.com
- and -
Michael Goldberg, Esq.
Brian Schall, Esq.
GOLDBERG LAW PC
13650 Marina Pointe Dr. Ste. 1404
Marina Del Rey, CA 90292
Telephone: (800) 977-7401
Facsimile: (800) 536-0065
E-mail: michael@goldberglawpc.com
brian@goldberglawpc.com
FRED LOYA INSURANCE: "Cavazos" Suit Seeks Overtime Pay
------------------------------------------------------
Sylvia Cavazos, on behalf of herself and all others similarly
situated, Plaintiffs, v. Fred Loya Insurance Agency, Inc. and Loya
Insurance Agency, Defendants, Case No. 7:16-cv-00128 (S.D. Tex.
McAllen Division, March 22, 2016), seeks unpaid and/or underpaid
overtime compensation, liquidated damages, attorneys' fees and
costs under the FLSA, post-judgment interest and such other and
further relief under the Fair Labor Standards Act.
Fred Loya Insurance Agency, Inc. is a Texas corporation with its
principal place of business in El Paso, Texas. Plaintiff was
employed as a paralegal, and claims of not being paid overtime
wages.
The Plaintiff is represented by:
Michael K. Burke, Esq.
3900 N. 10th St., Suite 850
McAllen, TX 78501
Tel: (956) 682-5999
Fax: (888) 317-8802
Email: mburke@michaelmguerra.com
- and -
Michael M. Guerra
LAW OFFICES OF MICHAEL M. GUERRA BURKE & KHIRALLAH, LLP
3900 N. 10th St., Suite 850
McAllen, TX 78501
Tel: (956) 682-5999
Fax: (888) 317-8802
Email: mike@mmguerra.com
GENERAL CHEMICAL: "Lake Restoration" Sues over Overpriced Alum
--------------------------------------------------------------
Lake Restoration, Inc., individually and on behalf of all others
similarly situated, Plaintiff, v. Frank A. Reichl, Vincent J.
Opalewski, Brian C. Steppig, General Chemical Corporation, General
Chemical Performance Products, LLC, GenTek, Inc., Chemtrade
Logistics Income Fund, Chemtrade Logistics, Inc., GEO Specialty
Chemicals, Inc., C&S Chemicals, Inc., USALCO, LLC, Kemira
Chemicals, Inc. and John Does 1-50, Defendants, Case No. 2:16-cv-
01581 (D. Minn. March 7, 2016), seeks enjoinment from further
violation of antitrust laws, damages, penalties and other monetary
relief including treble damages, pre-judgment and post-judgment
interest, reasonable attorney fees and such other relief for
violation of anti-trust laws under the Sherman Act.
Lake Restoration, Inc., is a corporation organized and existing
under the laws of the State of Minnesota, with its principal place
of business located at 12425 Ironwood Circle, Rogers, Minnesota
53374. It directly purchased alum from one or more of the
Defendants.
Defendants are allegedly engaged in a conspiracy to artificially
fix, raise, maintain, and/or stabilize the prices of aluminum
sulfate in the United States. Plaintiff purchased liquid aluminum
sulfate directly from the defendants at allegedly excessive
prices.
Reichl and Opalewski held executive positions at General Chemicals
while Steppig worked for GEO Specialty Chemicals as sales
director.
General Chemical Corporation was a corporation existing under the
laws of Delaware with principal place of business at Suite 300,
155 Gordon Baker Road, Toronto, Ontario.
General Chemical Performance Products LLC was a limited liability
company organized under the laws of Delaware with principal place
of business at 90 East Halsey Road, Parsippany, New Jersey.
GenTek Inc. was a Delaware corporation with its principal place of
business in Parsippany, New Jersey. GenTek manufactured and
supplied water treatment chemicals throughout the United States.
It owned and controlled Defendants General Chemical Performance
Products LLC and General Chemical Corporation.
Chemtrade Logistics Income Fund is a limited purpose trust under
the laws of the Province of Ontario and is headquartered in
Toronto, Canada. It manufactures and markets industrial chemicals
and other coagulants used in water treatment in Canada, the United
States and Europe.
Chemtrade Logistics Inc. is a subsidiary of Chemtrade
Logistics Income Fund incorporated under the laws of the Province
of Ontario.
GEO Specialty Chemicals, Inc. is a privately held Ohio corporation
with its principal place of business at 340 Mathers Road, Ambler,
Pennsylvania. GEO Specialty manufactures, markets, and supplies
specialty chemicals, including water treatment chemicals.
C&S Chemicals, Inc. is a privately held Pennsylvania corporation
with its principal place of business at 4180 Providence Road,
Marietta, Georgia. C&S Chemicals specializes in the production of
Liquid Aluminum Sulfate and Sodium Aluminate and currently
operates six manufacturing facilities located in Florida, Georgia,
South Carolina, Illinois, and Minnesota.
USALCO, LLC is a privately held Maryland corporation with its
principal place of business at 2601 Cannery Avenue, Baltimore,
Maryland. USALCO manufactures and distributes aluminum-based
chemical commodities to the industrial and municipal markets in
the North America.
Kemira Chemicals, Inc. is a publicly held Georgia corporation with
its principal place of business at 1000 Parkwood Circle, Suite
500, Atlanta, Georgia. It manufactures, formulates and supplies
specialty and process chemicals for paper, water treatment,
mineral slurries and industrial chemical industries in North
America and internationally.
The Plaintiff is represented by:
W. Joseph Bruckner, Esq.
Charles N. Nauen, Esq.
Heidi M. Silton, Esq.
Elizabeth R. Odette, Esq.
Brian D. Clark, Esq.
Rachel Kitze Collins, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
Suite 2200 100 Washington Avenue South
Minneapolis, MN 55401-2159
Tel. (612) 339-6900
Email: wjbruckner@locklaw.com
cnnauen@locklaw.com
hmsilton@locklaw.com
erodette@locklaw.com
bdclark@locklaw.com
rakitzecollins@locklaw.com
- and -
Diana Young Morrissey, Esq.
WALLEN-FRIEDMAN & FLOYD, P.A.
527 Marquette Avenue, Ste. 860
Minneapolis, MN 55402
Tel: (612) 338-3574
Fax: (612) 343-4818
Email: diana@wallenfriedmanfloyd.com
GENWORTH FINANCIAL: Mediation Ongoing in "Esguerra" Action
----------------------------------------------------------
Genworth Financial, Inc. said in its Form 10-K Report filed with
the Securities and Exchange Commission on February 26, 2016, for
the fiscal year ended December 31, 2015, that mediation is ongoing
in a class action by Manuel Esguerra.
In August 2014, Genworth Financial, Inc., its current chief
executive officer and its then current chief financial officer
were named in a putative class action lawsuit captioned Manuel
Esguerra v. Genworth Financial, Inc., et al, in the United States
District Court for the Southern District of New York. Plaintiff
alleged securities law violations involving certain disclosures in
2013 and 2014 concerning Genworth's long-term care insurance
reserves. The lawsuit sought unspecified compensatory damages,
costs and expenses, including counsel fees and expert fees.
In October 2014, a putative class action lawsuit captioned City of
Pontiac General Employees' Retirement System v. Genworth
Financial, Inc., et al., was filed in the United States District
Court for the Eastern District of Virginia. This lawsuit names the
same defendants, alleges the same securities law violations, seeks
the same damages and covers the same class as the Esguerra
lawsuit. Following the filing of the City of Pontiac lawsuit, the
Esguerra lawsuit was voluntarily dismissed without prejudice
allowing the City of Pontiac lawsuit to proceed. In the City of
Pontiac lawsuit, the United States District Court for the Eastern
District of Virginia appointed Her Majesty the Queen in Right of
Alberta and Fresno County Employees' Retirement Association as
lead plaintiffs and designated the caption of the action as In re
Genworth Financial, Inc. Securities Litigation.
On December 22, 2014, the lead plaintiffs filed an amended
complaint.
"On February 5, 2015, we filed a motion to dismiss plaintiffs'
amended complaint," the Company said. "On March 9, 2015,
plaintiffs filed a memorandum of law in opposition to our motion
to dismiss. On March 24, 2015, we filed our reply memorandum of
law in further support of our motion to dismiss. The Court heard
argument on our motion to dismiss the complaint on April 28, 2015.
On May 1, 2015, the court denied the motion to dismiss. The Court
has scheduled a trial for May 2016."
"We engaged in mediation in the fourth quarter of 2015, which is
ongoing. The plaintiffs have recently taken the position that the
class is entitled to recover per share and per bond amounts that,
if the plaintiffs were to prevail, would, in the aggregate, be
material. If ongoing discussions do not result in a settlement, we
intend to vigorously defend the lawsuit.
"As of December 31, 2015, we have incurred or accrued $25 million,
which is the amount of our self-insured retention on our executive
and organization liability insurance program. At this stage of the
litigation, we are unable to determine or predict the ultimate
outcome of this litigation or provide an estimate or range of
reasonably possible losses arising from this litigation.
Nevertheless, we believe that it is reasonably possible we will
incur additional losses in resolving this litigation beyond the
amounts already incurred or accrued and, if so, that it is
reasonably possible the amount of such losses would be material."
Genworth Financial facilitates homeownership in the United States
and internationally by providing mortgage insurance products that
allow people to purchase homes with low down payments while
protecting lenders against the risk of default.
GENWORTH FINANCIAL: Hialeah Filed Class Certification Motion
------------------------------------------------------------
Genworth Financial, Inc. said in its Form 10-K Report filed with
the Securities and Exchange Commission on February 26, 2016, for
the fiscal year ended December 31, 2015, that plaintiffs have
filed a motion for class certification in the case by City of
Hialeah Employees' Retirement System.
In April 2014, Genworth Financial, Inc., its former chief
executive officer and its then current chief financial officer
were named in a putative class action lawsuit captioned City of
Hialeah Employees' Retirement System v. Genworth Financial, Inc.,
et al., in the United States District Court for the Southern
District of New York. Plaintiff alleges securities law violations
involving certain disclosures in 2012 concerning Genworth's
Australian mortgage insurance business, including our plans for an
initial public offering of the business. The lawsuit seeks
unspecified damages, costs and attorneys' fees and such
equitable/injunctive relief as the court may deem proper.
The United States District Court for the Southern District of New
York appointed City of Hialeah Employees' Retirement System and
New Bedford Contributory Retirement System as lead plaintiffs and
designated the caption of the action as In re Genworth Financial,
Inc. Securities Litigation. On October 3, 2014, the lead
plaintiffs filed an amended complaint.
"On December 2, 2014, we filed a motion to dismiss plaintiffs'
amended complaint, which motion was fully briefed as of March 4,
2015," the Company said.
On March 25, 2015, the United States District Court for the
Southern District of New York denied the motion but entered an
order dismissing the amended complaint with leave to replead. On
April 17, 2015, plaintiffs filed a second amended complaint.
"We filed a motion to dismiss the second amended complaint and on
June 16, 2015, the court denied the motion to dismiss," the
Company said. "On January 22, 2016, we filed a motion for
reconsideration of the court's June 16, 2015 order denying our
motion to dismiss. On January 29, 2016, plaintiffs filed a motion
for class certification. We intend to vigorously defend this
action."
Genworth Financial facilitates homeownership in the United States
and internationally by providing mortgage insurance products that
allow people to purchase homes with low down payments while
protecting lenders against the risk of default.
GERBER PRODUCTS: Faces "Greene" Fraud Complaint in New York
-----------------------------------------------------------
Jeremy Greene, individually and on behalf of all others similarly
situated, and Cetaria Wilkerson, individually and on behalf of all
others similarly situated, Plaintiffs, v. Gerber Products Co., dba
Nestle Nutrition, Nestle Infant Nutrition, and Nestle Nutrition
North America, Defendant, Case No. 1:16-cv-01153 (E.D.N.Y., March
8, 2016), alleges fraud. The Plaintiffs are representing
themselves.
GLAXOSMITHKLINE LLC: "Jones" Sues Over Zofran Side-effects
----------------------------------------------------------
Trisha Middlebrooks Jones and Nicholas Jones, individually and on
behalf of E.J., their minor child, Plaintiffs, v. Glaxosmithkline
LLC, Defendant, Case 1:16-cv-10564 (D. Mass., March 22, 2016),
seeks compensatory damages, economic damages in the form of
medical, incidental, hospital, out of pocket expenses, lost
earnings and other economic damages, general damages, pre-judgment
and post-judgment interest, full refund of all purchase costs of
Zofran, attorneys' fees, expenses and costs resulting from
negligence, product defect, failure to warn of such defect, breach
of express and implied warranty, fraudulent misrepresentation and
concealment, negligent/innocent misrepresentation, concealment and
nondisclosure, loss of consortium and in violation of the
Tennessee Consumer Protection Act of 1997 and Deceptive Trade
Practices and Consumer Protection Act.
Zofran is a powerful drug developed by GSK to treat only those
patients with severe nausea, usually for cancer patients who
require chemotherapy or radiation therapy.
Plaintiff took Zofran for her morning sickness when she was
pregnant. Her son E.J. was born with congenital heart defects
allegedly after taking Zofran from early in her first trimester of
pregnancy through her second trimester to alleviate and prevent
the symptoms of morning sickness.
GlaxoSmithKline LLC is pharmaceutical company organized under the
laws of the State of Delaware.
The Plaintiff is represented by:
Robert K. Jenner, Esq.
Brian D. Ketterer, Esq.
Kimberly A. Dougherty, Esq.
JANET, JENNER & SUGGS, LLC
1777 Reisterstown Road, Suite 165
Baltimore, MD 21208
Tel: (410) 653-3200
Fax: (410) 653-9030
GLAXOSMITHKLINE LLC: Faces "Tippens" Suit Over Zofran(R)
--------------------------------------------------------
Jay and Rose Tippens individually and on behalf of their daughter,
K.T., a minor, Plaintiffs, v. GlaxoSmithKline LLC dba
GlaxoSmithKline, Defendants, Case No. 1:16-cv-10485 (D. Mass.,
March 8, 2016), seeks compensatory and punitive damages, and other
relief deemed just and proper arising from the injuries to K.T. as
a result of her prenatal exposure to the prescription drug
Zofran(R), also known as ondansetron.
Plaintiff demands trial by jury pursuant to Rule 38 of the Federal
Rules of Civil Procedure and the Seventh Amendment of the U.S.
Constitution.
GSK is a pharmaceutical company. It is the successor in interest
to Glaxo, Inc. and Glaxo Wellcome Inc.
The Plaintiffs are represented by:
C. Moze Cowper, Esq.
Cowper Law
815-A Brazos Street, #517
Austin, Texas 78701
Tel: (877) 529-3707
GLAXOSMITHKLINE: Faces "Penrod" Suit Over Zofran(R)
---------------------------------------------------
Jordan Penrod and Justin Pendergrass, individually and on behalf
of their daughter, M.P., a minor, Plaintiffs, v. GlaxoSmithKline
LLC dba GlaxoSmithKline, Defendant, Case No. 1:16-cv-10479 (D.
Mass., March 8, 2016), seeks compensatory and punitive damages,
equitable relief, and other relief deemed just and proper arising
from the injuries to M.P. as a result of her prenatal exposure to
the generic bioequivalent form of the prescription drug Zofran(R),
also known as ondansetron.
Plaintiffs demands trial by jury pursuant to Rule 38 of the
Federal Rules of Civil Procedure and the Seventh Amendment of the
U.S. Constitution.
GSK is a pharmaceutical company. It is the successor in interest
to Glaxo, Inc. and Glaxo Wellcome Inc.
The Plaintiffs are represented by:
Michael T. Gallagher, Esq.
The Gallagher Law Firm
2905 Sackett Street
Houston, Texas 77098
Tel: (713) 222-8080
Fax: (713) 222-0066
Email: donnaf@gld-law.com
HOME BANCSHARES: 2 Class Suits Pending Againt Bay Cities Bank
-------------------------------------------------------------
Home Bancshares, Inc. said in its Form 10-K Report filed with the
Securities and Exchange Commission on February 26, 2016, for the
fiscal year ended December 31, 2015, that two class action
lawsuits are pending against Bay Cities Bank.
Home Bancshares said that on October 1, 2015, the Company
completed its acquisition of Florida Business BancGroup, Inc.
("FBBI"), parent company of Bay Cities Bank ("Bay Cities"). The
Company paid a purchase price to the FBBI shareholders of $104.1
million for the FBBI acquisition. Under the terms of the
agreement, shareholders of FBBI received 2,079,854 shares of its
common stock valued at approximately $83.8 million as of October
1, 2015, plus approximately $20.3 million in cash in exchange for
all outstanding shares of FBBI common stock.
A portion of the cash consideration, $2.0 million, has been placed
into escrow, and FBBI shareholders will have a contingent right to
receive their pro-rata portions of such amount. The amount, if
any, of such escrowed funds to be released to FBBI shareholders
will depend upon the amount of losses that HBI incurs in the two
years following the completion of the merger related to two class
action lawsuits that are pending against Bay Cities.
Home BancShares, Inc. is a Conway, Arkansas headquartered bank
holding company registered under the federal Bank Holding Company
Act of 1956.
HOMEOPET LLC: Dairyland Suit Alleges TCPA Violation
---------------------------------------------------
Dairyland Animal Clinic, S.C., a Wisconsin service corporation,
individually and as the representative of a class of similarly-
situated persons, Plaintiff, v. Homeopet, L.L.C., and John Does
1-10, Defendants, Case No. 3:16-cv-00147 (W.D. Wis., March 8,
2016), seeks restrictions on the use of telephone equipment.
The Plaintiffs are represented by:
Brian J. Wanca, Esq.
ANDERSON + WANCA
3701 Algonquin Road, Suite 760
Rolling Meadows, IL 60008
Tel: (847) 368-1500
Fax: (847) 368-1501
Email: buslit@andersonwanca.com
HORIZON PHARMA: Faces "Schaffer" Securities Complaint in New York
-----------------------------------------------------------------
George S. Schaffer, individually and on behalf of all others
similarly situated, Plaintiff, v. Horizon Pharma PLC, Timothy P.
Walbert, Paul W. Hoelscher, and Robert J. De Vaere, Defendants,
Case No. 1:16-cv-01763 (S.D.N.Y., March 8, 2016), seeks remedies
under the Securities Exchange Act of 1934. The Complaint alleges
that the Defendants made false and/or misleading statements and/or
failed to disclose that:
(i) Horizon's Prescriptions-Made-Easy program was designed to
artificially inflate the prices of minor differentiation
standard retail drugs;
(ii) sales revenues from drugs sold through Horizon's PME were
unsustainable at these inflated price levels;
(iii) Horizon's use of its PME program left the Company subject to
increased regulatory risks;
(iv) Horizon received a subpoena from the Office of the U.S.
Attorney for the Southern District of New York in November
2015; and
(v) as a result of the foregoing, Defendants' statements about
Horizon's business, operations, and prospects were false
and misleading and/or lacked a reasonable basis.
Horizon is a specialty biopharmaceutical company that engages in
identifying, developing, acquiring or in-licensing, and
commercializing medicines for the treatment of arthritis, pain,
inflammatory, and/or orphan diseases in the United States and
internationally.
The Plaintiffs are represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Marc Gorrie, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, New York 10016
Tel: (212) 661-1100
Fax: (212) 661-8665
Email: jalieberman@pomlaw.com
ahood@pomlaw.com
mgorrie@pomlaw.com
- and -
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
10 South La Salle Street, Suite 3505
Chicago, IL 60603
Tel: (312) 377-1181
Fax: (312) 377-1184
Email: pdahlstrom@pomlaw.com
HOSPITAL CORP: Faces "Porras" Suit Over Hepatitis Risk
------------------------------------------------------
Angelica Porras, Catherine Pecha, and Gary Wolter, individually
and on behalf of all others similarly situated, Plaintiffs, v.
Hospital Corporation of America (HCA), HealthONE and HCA-HealthONE
LLC dba Swedish Medical Center, and Does 1 through 10, inclusive,
Defendants, Case No. 1:16-cv-00568-MEH (D. Colo., March 8, 2016),
alleges that Plaintiffs were placed at an increased risk of
bloodborne pathogens including HIV, hepatitis B and hepatitis C
after undergoing surgical procedures at Swedish Medical Center. As
a result, Plaintiffs and the Class Members have been, and will
continue to be, tested for these potentially deadly viruses.
Plaintiffs and the Class Members were placed at an increased risk
of these bloodborne pathogens because former SMC surgical
technician, Rocky Allen, was diverting drugs and exchanging
needles prepared for surgical patients. Despite Rocky Allen's
well-documented drug addiction and erratic and facially suspicious
employment history, Defendants hired him as a surgical technician
at SMC in Englewood, Colorado, where his activities exposed
approximately 3,000 patients to bloodborne pathogens.
Accordingly, Plaintiffs seek damages, punitive damages, injunctive
relief, declaratory judgments, costs, attorneys' fees, and other
relief as a result of Defendants' conduct.
Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiffs
demand a trial by jury on all claims so triable.
The case is assigned to Magistrate Judge Michael E. Hegarty.
Defendant HCA-HealthONE, LLC, doing business as Swedish Medical
Center is a hospital and medical center.
The Plaintiffs are represented by:
Joseph G. Sauder, Esq.
Matthew D. Schelkopf, Esq.
Joseph B. Kenney, Esq.
MCCUNEWRIGHT, LLP
1055 Westlakes Drive, Suite 300
Berwyn, PA 19312
Tel: (610) 200-0580
Email: jgs@mccunewright.com
mds@mccunewright.com
jbk@mccunewright.com
- and -
Richard D. McCune, Esq.
MCCUNEWRIGHT, LLP
2068 Orange Tree Lane, Suite 216
Redlands, CA 92374
Tel: (909) 557-1250
Email: rdm@mccunewright.com
- and -
John A. Yanchunis, Esq.
Marcio W. Valladares, Esq.
Patrick A. Barthle II, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Tel: (813) 223-5505
Fax: (813) 223-5402
Email: jyanchunis@ForThePeople.com
mvalladares@ForThePeople.com
pbarthle@ForThePeople.com
IMPERVA INC: Dismissal of Calif. Shareholder Action Sought
----------------------------------------------------------
Imperva, Inc. said in its Form 10-K Report filed with the
Securities and Exchange Commission on February 26, 2016, for the
fiscal year ended December 31, 2015, that defendants have filed a
motion to dismiss a shareholder class action lawsuit.
The Company said, "On April 11, 2014, a purported shareholder
class action lawsuit was filed in the United States District Court
for the Northern District of California against us and certain of
our current and former officers. On August 7, 2014, the Court
entered an order appointing lead plaintiff and counsel for the
purported class. The lead plaintiff filed an amended complaint on
October 10, 2014. The lawsuit named us and certain of our current
and former officers and purported to bring suit on behalf of those
investors who purchased our publicly traded securities between May
2, 2013 and April 9, 2014. The plaintiff alleged that defendants
made false and misleading statements about our operations and
business and financial results and purported to assert claims for
violations of the federal securities laws. The amended complaint
sought unspecified compensatory damages, interest thereon, costs
incurred in the action and equitable/injunctive or other relief."
"On January 6, 2015, defendants filed a motion to dismiss the
amended complaint. On September 17, 2015, the Court granted
defendants' motion to dismiss with leave to amend. The lead
plaintiff filed an amended complaint on January 13, 2016, again
naming the same current and former officers, alleging false and
misleading statements about our operations and business and
financial results, and seeking the same relief.
"On February 10, 2016, defendants filed a motion to dismiss the
amended complaint.
Imperva is a leader in cyber-security solutions that protect
business-critical data and applications whether in the cloud or on
premises.
INTEGRATED SATELLITE: Faces "Perez" Wage & Hour Suit
----------------------------------------------------
Fernando Perez, an individual, on behalf of himself and those
similarly situated current and former employees, Plaintiff, v.
Integrated Satellite Services, Inc., Directv Inc., DOES 1-20,
inclusive, Defendants, Case No. BC613020 (Cal. Super., March 8,
2016), seeks to recover damages for violations of the California
wage and hour law, including the California Labor Code, the
California Minimum Wage Order, and the California Industrial
Welfare Commission wage orders.
Plaintiff also seeks declaratory and injunctive relief based on
Defendants' conduct of engaging in unfair and unlawful business
practices prohibited by Business and Professions Code Section
17200 et. seq.
Plaintiff demands trial by jury on all issues so triable in the
First Amended Complaint.
Defendant, Integrated Satellite Services, Inc., installs satellite
dishes, cables, internet, and satellite television boxes
exclusively for Defendant, DirecTV Inc., personal and business
customers.
The Plaintiffs are represented by:
Grant Joseph Savoy, Esq.
SOLOUKI SAVOY, LLP
316 W. 2nd Street, Suite 1200
Los Angeles, CA 90012
Tel: (213) 814-4940
Fax: (213) 814-2250
JENNIE-0 TURKEY STORE: "Tabora" Complaint Alleges FLSA Violation
----------------------------------------------------------------
Sandra L. Tabora, Blanca Contreras, Maria G. Delgado and Jose G.
Delgado, individually and on behalf of others similarly situated,
Plaintiffs, v. Jennie-0 Turkey Store, Inc., Defendant, Case No.
0:16-cv-00590 (D. Minn., March 8, 2016), allege violations of the
Fair Labor Standards Act, the Minnesota Fair Labor Standards Act,
and other common law claims.
Jennie-0 Turkey Store, Inc., operates turkey processing
facilities in various locations including Willmar, Minnesota and
Melrose, Minnesota.
The Plaintiffs are represented by:
Daniel J. Sheran, Esq.
Thomas R. Sheran, Esq.
SHERAN LAW OFFICE, P.A.
222 South Ninth Street, Suite 1600
Minneapolis, MN 55402
Tel: 612-337-9001
Fax: 612-338-0359
Email: danielsheran@sheranlaw.com
thomassheran@sheranlaw.com
- and -
Alicia N. Sieben, Esq.
William R. Sieben, Esq.
SCHWEBEL GOETZ & SIEBEN, P.A.
80 South Eighth Street, Suite 5120
Minneapolis, MN 55402-3707
Telephone: (612) 377-7777
Facsimile: (612) 333-6311
E-mail: wsieben@schwebel.com
asieben@schwebel.com
KAISER PERMANENTE: "Demott" Complaint Alleges Age Discrimination
----------------------------------------------------------------
Christine Demott, Plaintiff, v. Kaiser Permanente, Kaiser
Foundation Health Plan of Colorado, and The Colorado Permanente
Medical Group, P.C., Defendants, Case No. 1:16-cv-00571 (D. Colo.,
March 8, 2016), seeks the following:
* damages as a result of Defendants' discrimination and
retaliation against her on the basis of her disability, age, and
sex in violation of the Americans with Disabilities Act of 1990,
Pub. L. No. 101-336, 104 Stat. 328 (1990), the Age
Discrimination in Employment Act (29 U.S.C. Section 623), and
violations of Title VII of the Civil Rights Act, 42 U.S.C.
Section 2000e.
* damages pursuant to parallel Colorado state law.
* unpaid wages including overtime pursuant to federal and state
law pursuant to 29 U.S.C. Sections 201 et seq; C.R.S. Sections
8-6-101 et seq; 7 COLO. CODE REGS. Section 1103 et seq.
Plaintiffs and those similarly situated request a trial by jury on
all issues so triable.
Kaiser Permanente is a not-for-profit health plan, serving 10.2
million members, with headquarters in Oakland, California.
The Plaintiffs are represented by:
Colleen T. Calandra, Esq.
RAMOS LAW
3000 Youngfield Street, Suite 200
Wheat Ridge, CO
Tel: (303) 733-6353
Fax: (303) 865-5666
Email: colleen@ramoslaw.com
KASS SHULER: Illegally Collects Debt, "Edstrom-Smith" Says
----------------------------------------------------------
Laura Edstrom-Smith, individually, and on behalf of others
similarly situated, Plaintiff, v. Kass Shuler, P.A., a Florida
professional service corporation, Defendant, Case No. 9:16-cv-
80341-JIC (S.D. Fla., March 8, 2016), alleges violation of the
Fair Debt Collection Practices Act.
The case is assigned to Judge James I. Cohn.
The Plaintiffs are represented by:
Scott David Owens, Esq.
SCOTT D. OWENS, P.A.
3800 S. Ocean Drive, Suite 235
Hollywood, FL 33019
Tel: (954) 589-0588
Fax: (954) 337-0666
Email: scott@scottdowens.com
KBR INC: Discovery in Securities Litigation to Continue in 2016
---------------------------------------------------------------
KBR, Inc. said in its Form 10-K Report filed with the Securities
and Exchange Commission on February 26, 2016, for the fiscal year
ended December 31, 2015, that discovery in In re KBR, Inc.
Securities Litigation is expected to continue in 2016.
The Company said, "Lead plaintiffs, Arkansas Public Employees
Retirement System and IBWE Local 58/NECA Funds, seek class action
status on behalf of our shareholders, alleging violations of
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934
against the Company, our former chief executive officer, our
current and former chief financial officers, and our former chief
accounting officer, arising out of the restatement of our 2013
annual financial statements, and seek undisclosed damages. The
case is currently pending in the U.S. District Court for the
Southern District of Texas, Master File No. 14-cv-01287.
"We filed a motion to dismiss the consolidated complaint for
failure to plead particularized facts supporting a strong
inference of scienter on the part of the individual defendants and
the motion was denied on September 3, 2015. We intend to continue
to vigorously defend against these claims.
"Discovery in the case has begun and is expected to continue in
2016. At this early stage, we are not yet able to determine the
likelihood of loss, if any, arising from this matter."
KBR, Inc. and its subsidiaries is an engineering, construction and
services company supporting the global hydrocarbons and
international government services market sectors.
KIRSCHENBAUM PHILLIPS: Illegally Collects Debt, "Rubin" Suit Says
-----------------------------------------------------------------
Lynda S. Rubin, individually and on behalf of others similarly
situated v. Kirschenbaum, Phillips & Levy, P.C. and Sherman
Financial Group, LLC, Case No. 2:16-cv-01482 (E.D.N.Y., March 28,
2016), seeks to stop the Defendant's unfair and unconscionable
means to collect a debt.
The Defendant operates a law firm located at 40 Daniel St,
Farmingdale, NY 11735.
The Plaintiff is represented by:
Edward B. Geller, Esq.
EDWARD B. GELLER, ESQ., P.C.
15 Landing Way
Bronx, NY 10464
Telephone: (914) 473-6783
Facsimile: (111) 111-1111
E-mail: epbh@aol.com
KRAFT HEINZ: Faces "Sellers" Class Suit in S. Dist. Florida
-----------------------------------------------------------
A class action lawsuit has been commenced against Kraft Heinz
Foods Company.
The case is captioned Chrissy Sellers, individually and on behalf
of all others similarly situated v. Kraft Heinz Foods Company,
Case No. 0:16-cv-60624-DPG (S.D. Fla., March 26, 2016).
Kraft Heinz Foods Company owns and operates a food company
headquartered at 3000 Executive Pkwy, San Ramon, CA 94583.
The Plaintiff is represented by:
Phillip Timothy Howard, Esq.
HOWARD & ASSOCIATES
2120 Killarney Way, Suite 125
Tallahassee, FL 32309
Telephone: (850) 298-4455
E-mail: tim@howardjustice.com
L-3 COMMUNICATIONS: "Braginton" Sues over Defective Optical Sight
-----------------------------------------------------------------
Timothy Braginton and Trevor Weir individually and on behalf of
all others similarly situated, Plaintiffs, v. L-3 Communications,
Eotech, Inc. and L-3 Communications Corporation, Defendants, Case
No. 2:16-cv-11053-MAG-APP (E.D. Mich., March 22, 2016), seeks
compensatory, statutory, incidental, consequential, actual, and,
as applicable, punitive and/or exemplary damages, statutory
penalties, equitable relief, disgorgement, restitution, expenses
and costs of suit, pre-judgment and post-judgment interest,
reasonable attorneys' fees and such other relief resulting from
fraud/intentional misrepresentation, unjust enrichment, violation
of the Magnuson-Moss Warranty Act, State Unfair and Deceptive
Trade Practices Acts and/or Consumer Protection Acts, Nevada
Consumer Protection Act, and violation of Nevada Revised Statutes
Implied Warranty of Merchantability.
Plaintiff claims to have purchased a holographic weapon sighting
device from the Defendant that allegedly fails in cold
temperatures and in humid environments.
L-3 Communications EOTech, Inc. is a Delaware corporation that
designs, manufactures, and markets holographic weapon sights with
principal place of business is at 1201 E. Ellsworth Road, Ann
Arbor, Michigan, 48108.
L-3 Communications Corp. is a Delaware corporation with its
principal place of business at 600 Third Avenue, New York, New
York, 10016.
The Plaintiff is represented by:
Sharon S. Almonrode, Esq.
Andrew M. Gonyea (P79413)
THE MILLER LAW FIRM, P.C.
950 West University Drive, Suite 300
Rochester, MI 48703
Tel: (248) 841-2200
Fax: (248) 652-2852
Email: amg@millerlawpc.com
- and -
Keith Altman, Esq.
EXCOLO LAW, PLLC
26700 Lahser Road, Suite 400
Southfield, MI 48033
Tel: (516) 456-5885
Fax: (516) 795-7599
Email: kaltman@lawampmmt.com
- and -
Ari Kresch, Esq.
EXCOLO LAW, PLLC
26700 Lahser Road, Suite 400
Southfield, MI 48033
Tel: (248) 565-2099
Fax: (248) 436-6858
LEIDOS HOLDINGS: Plaintiff Appeals Dismissal of "Fernandez" Case
----------------------------------------------------------------
Leidos Holdings, Inc. and Leidos, Inc. said in their Form 10-KT
Report filed with the Securities and Exchange Commission on
February 26, 2016, for the transition period from January 31, 2015
to January 1, 2016, that plaintiff in the "Fernandez" class action
lawsuit has appealed the dismissal of his case.
On September 20, 2014, the Company was named as a defendant in a
putative class action, Martin Fernandez, on Behalf Of Himself And
All Other Similarly Situated v. Leidos, Inc. in the Eastern
District Court of California, related to the same theft of
computer backup tapes. The recent complaint includes allegations
of violations of the California Confidentiality of Medical
Information Act, the California Unfair Competition Law, and other
claims. On August 28, 2015, the Court dismissed all claims brought
by the Plaintiff against the Company. Plaintiff filed a notice of
appeal of this dismissal on November 17, 2015.
No further updates were provided in the Company's SEC report.
Leidos is an applied technology company delivering services and
solutions to national security, health and engineering markets.
LIBERTY MUTUAL INSURANCE: Violated MGL, "Villegas" Suit Claims
--------------------------------------------------------------
Mercedes Villegas, on behalf of herself and all others similarly
situated, the Plaintiff, v. Maria Pombeiro, and Liberty Mutual
Insurance Co., the Defendants, Case No. 1681CV00859 (Mass. Super.
Ct. Middlesex County, March 28, 2016), demands judgment against
Defendant, for three times the value of Plaintiff's personal
injury case, plus costs, interest, and attorney's fees, as
provided by Massachusetts General Laws (MGL).
Maria Pombeiro allegedly operated her motor vehicle by failing to
yield to the Plaintiff's vehicle as the Plaintiff's vehicle slowed
to take a turn.
Liberty Mutual Insurance Company provides insurance products and
services. It offers property and casualty insurance products;
auto, home, and life, as well as personal liability insurance
products; and claim services. The company's products include car,
motorcycle, other specialty vehicles, and umbrella insurance;
homeowners, renters, condominium, landlord, umbrella, flood, and
mobile home insurance; and life insurance.
The Plaintiff is represented by:
Michael D. Molloy, Esq.
MARCOTTE LAW FIRM
45 Merrimack Street
Lowell, MA 01852
Telephone: (978) 458 1229
E-mail: mmolloy@marcottelawfirm.com
LITTLE SHEEP: Faces "He" Suit Over Failure to Pay Overtime Wages
----------------------------------------------------------------
Zhaowei He, Xing Quan Zhu, Jun Wang, Siyuan Qin, Zhanyoung Du, on
behalf of themselves and all other similarly situated v. Little
Sheep International, Inc. and Does 1-100, inclusive, Case No.
BC614962 (Cal. Super. Ct., March 28, 2016), is brought against the
Defendants for failure to pay overtime wages in violation of the
California Labor Code.
Little Sheep International, Inc. owns and operates multiple
restaurants in California.
The Plaintiff is represented by:
Paul P. Cheng, Esq.
LAW OFFICES OF PAUL P. CHENG
301 N. Lake Ave., 8th Floor
Pasadena, CA 91101
Telephone: (626) 356-8880
Facsimile: (888) 213-8196
E-mail: ppc@paulchenglaw.com
LPL FINANCIAL: "Retirement System" Sues over Share Price Drop
-------------------------------------------------------------
Charter Township of Clinton Police and Fire Retirement System,
individually and on behalf of all others similarly situated,
Plaintiff, v. LPL Financial Holdings Inc., Mark S. Casady and
Matthew J. Audette, Defendants, Case No. 3:16-cv-00685-BTM-BGS
(S.D. Cal., March 22, 2016), seeks damages and interest,
attorneys' fees and costs, equitable/injunctive or such other
relief under the Securities Exchange Act of 1934.
Plaintiff alleges that the Defendant engaged in allegedly
fraudulent, deceptive and/or legally deficient business practices
and among its network of financial advisors that allowed its
owners to make money at artificially inflated price before its
true business, prospects and financial results were revealed.
Share prices dropped substantially after corrective disclosures
were made. Charter Township of Clinton Police and Fire Retirement
System acquired LPL common stock.
LPL is an independent broker-dealer and an independent consultant
to retirement plans. It maintains offices at 4707 Executive Drive,
San Diego, California 92121. Casady is the Company's Chairman of
the Board and CEO while Audette is the CFO.
The Plaintiff is represented by:
David C. Walton, Esq.
Brian E. Cochran, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101-8498
Tel: (619) 231-1058
Fax: (619) 231-7423
Email: davew@rgrdlaw.com
bcochran@rgrdlaw.com
- and -
Samuel H. Rudman, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
58 South Service Road, Suite 200
Melville, NY 11747
Tel: (631) 367-7100
Fax: (631) 367-1173
Email: srudman@rgrdlaw.com
LUMBER LIQUIDATORS: Faces "Rasmussen" Suit in District of Utah
--------------------------------------------------------------
A lawsuit has been filed against Lumber Liquidators and Lumber
Liquidators Holdings. The case is captioned Val Rasmussen and
Pauline Rasmussen, on behalf of themselves, and all others
similarly situated, the Plaintiffs, v. Lumber Liquidators, a
Delaware Corporation and Lumber Liquidators Holdings, a Delaware
Corporation, the Defendants, Case No. 2:16-cv-00244-JNP (D. Utah,
March 28, 2016).
Lumber Liquidators is a Delaware corporation with its office
located at Toano, Virginia. It is one of the largest specialty
retailers of hardwood flooring in the United States selling
primarily to homeowners directly or to contractor's action on
behalf of homeowners through its extensive network of retail
stores nationwide. Lumber Liquidators has mills in, and buys many
of its source wood flooring material from, China. The company
recently established a representative office in Shanghai, China
and assumed "direct control" of its entire product sourcing in
China (through its headquarters in China).
The Plaintiff is represented by:
Zane L. Christensen, Esq.
Steven A. Christensen, Esq.
CHRISTENSEN YOUNG & ASSOCIATES
9980 S 300 W Ste 200
Sandy, UT 84070
Telephone: (866) 861 3333
E-mail: zanechristensen@christensenyounglaw.com
stevenchristen@gmail.com
LUMBER LIQUIDATORS: "Devillier" Sues over Formaldehyde in Flooring
------------------------------------------------------------------
Theresa Devillier and Earl and Shirley Wells individually and on
behalf of all similarly situated persons, Plaintiffs v. Lumber
Liquidators, Inc., Defendant, Case No. 1:16-cv-02771-AJT-TRJ (M.D.
La., March 2, 2016), seeks actual, compensatory, statutory or
exemplary damages, reasonable attorneys' fees and costs, pre-
judgment and post-judgment interest and such other further and
different relief for violation of Magnuson-Moss Warranty Act,
Louisiana Products Liability Act and the Louisiana Unfair Trade
Practices and Consumer Protection Law.
Defendant allegedly manufacturers, sells and distributes flooring
that emits excessive levels of formaldehyde. Plaintiff purchased
such flooring material from the Defendants.
Lumber Liquidators is a Delaware corporation with its principal
executive offices located at 3000 John Deere Road, Toano, VA
23168. It sells solid and engineered hardwood, laminate flooring,
bamboo flooring, cork flooring and resilient vinyl flooring,
butcher blocks, molding, accessories and tools
The Plaintiff is represented by:
Kevin Klibert, Esq.
Salvadore Christina, Esq.
Matthew B. Moreland, Esq.
BECNEL LAW FIRM, LLC
Reserve, LA 70084
Tel: 985.536.1186
Fax: 985.536.6446
Email: kklibert@becnellaw.com
schristina@becnellaw.com
mmoreland@becnellaw.com
- and -
Morris Bart, Esq.
Mekel Alvarez, Esq.
Morris Bart, LLC
909 Poydras Street, 20th Fl.
New Orleans, LA 70112
Tel: 504.599.3318
Fax: 504.599.3392
LUMBER LIQUIDATORS: Removed "Schneider" Suit to E.D. Virginia
-------------------------------------------------------------
The class action lawsuit entitled Joshua Schneider v. Lumber
Liquidators, Inc., Lumber Liquidators Leasing, LLC, Lumber
Liquidators Holdings, Inc., and Lumber Liquidators Services, LLC,
Case No. 2:16-cv-01767, was transferred from District of Louisiana
Eastern to the U.S. District Court Eastern District of Virginia -
(Alexandria). The District Court Clerk assigned Case No. 1:16-cv-
02776-AJT-TRJ to the proceeding.
The case asserts product liability claims.
The Defendants are retailers of hardwood flooring in the United
States, with more than 360 stores in 46 states and annual revenues
of more than one billion dollars.
The Plaintiff is represented by:
Russ M. Herman, Esq.
Leonard A. Davis, Esq.
Stephen J. Herman, Esq.
HERMAN, HERMAN & KATZ, LLC
820 O'Keefe Ave.
New Orleans, LA 70113
Telephone: (504) 581-4892
Facsimile: (504) 561-6024
E-mail: rherman@hhklawfirm.com
ldavis@hhklawfirm.com
sherman@hhklawfirm.com
LUMBER LIQUIDATORS: Removed "Snyder" Class Suit to E.D. Virginia
----------------------------------------------------------------
The class action lawsuit entitled Jason Snyder and Heather Snyder
v. Lumber Liquidators, Inc., Lumber Liquidators Leasing, LLC,
Lumber Liquidators Holdings, Inc., and Lumber Liquidators
Services, LLC, Case No. 2:16-cv-01769, was transferred from the
District of Louisiana Eastern to the U.S. District Court Eastern
District of Virginia - (Alexandria). The District Court Clerk
assigned Case No. 1:16-cv-02777-AJT-TRJ to the proceeding.
The case asserts product liability claims.
The Defendants are retailers of hardwood flooring in the United
States, with more than 360 stores in 46 states and annual revenues
of more than one billion dollars.
The Plaintiff is represented by:
Russ M. Herman, Esq.
Leonard A. Davis, Esq.
Stephen J. Herman, Esq.
HERMAN, HERMAN & KATZ, LLC
820 O'Keefe Ave.
New Orleans, LA 70113
Telephone: (504) 581-4892
Facsimile: (504) 561-6024
E-mail: rherman@hhklawfirm.com
ldavis@hhklawfirm.com
sherman@hhklawfirm.com
LUMBER LIQUIDATORS: Faces "Guidry" Suit Over Toxic Flooring
-----------------------------------------------------------
Glenn Guidry and Barbara Guidry v. Lumber Liquidators, Inc.,
Lumber Liquidators Leasing, LLC, Lumber Liquidators Holdings,
Inc., and Lumber Liquidators Services, LLC, Case No. 1:16-cv-
02773-AJT-TRJ (W.D. Lo., March 1, 2016), alleges that the
Defendants manufactured, labeled and sold Chinese Flooring that
fails to comply with relevant and applicable formaldehyde
standards. The Chinese Flooring emits and off-gasses excessive
levels of formaldehyde, which is categorized as a known human
carcinogen by the United States National Toxicology Program and
the International Agency for Research on Cancer.
The Defendants are retailers of hardwood flooring in the United
States, with more than 360 stores in 46 states and annual revenues
of more than one billion dollars.
The Plaintiff is represented by:
Russ M. Herman, Esq.
Leonard A. Davis, Esq.
Stephen J. Herman, Esq.
HERMAN, HERMAN & KATZ, LLC
820 O'Keefe Ave.
New Orleans, LA 70113
Telephone: (504) 581-4892
Facsimile: (504) 561-6024
E-mail: rherman@hhklawfirm.com
ldavis@hhklawfirm.com
sherman@hhklawfirm.com
MAGIC AUTO TOUCH UP: "Leal" Suit Seeks Damages Pursuant to FLSA
---------------------------------------------------------------
Sergio Leal, and all others similarly situated under 29 U.S.C.
216(b), Plaintiff, v. Magic Auto Touch Up, Inc., Magic Touch Up,
Inc., Charles R. White, Jr., and James B. White, Defendants, Case
No. 3:16-cv-00662-D (N.D. Tex., March 8, 2016), seeks double
damages and reasonable attorney fees pursuant to the Fair Labor
Standards Act, to be proven at the time of trial for all overtime
wages still owing from Plaintiff's entire employment period with
Defendants or as much as allowed by the FLSA along with court
costs, interest, and any other relief that this Court finds
reasonable under the circumstances.
The Plaintiff requests a trial by jury.
The case is assigned to Judge Sidney A Fitzwater.
Magic Auto Touch Up, Inc. owns and operates an automotive
collision restoration service center.
The Plaintiffs are represented by:
J.H. Zidell, Esq.
Robert L. Manteuffel, Esq.
Joshua A. Petersen, Esq.
J.H. ZIDELL, P.C.
6310 LBJ Freeway, Ste. 112
Dallas, TX 75240
Tel: (972) 233-2264
Fax: (972) 386-7610
Email: zabogado@aol.com
rlmanteuffel@sbcglobal.net
josh.a.petersen@gmail.com
MARK L NICHTER: Illegally Collects Debt, "Piech" Action Claims
--------------------------------------------------------------
Gary Piech, on behalf of himself and all others similarly situated
v. Mark L. Nichter, P.C. and John Does 1-25, Case No. 3:16-cv-
01611-MAS-TJB (D.N.J., March 23, 2016), seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.
Mark L. Nichter, P.C. operates a law firm located at 44 S
Broadway, White Plains, NY 10601.
The Plaintiff is represented by:
Joseph K. Jones, Esq.
JONES, WOLF & KAPASI, LLC
375 Passaic Avenue, Suite 100
Fairfield, NJ 07004
Telephone: (973) 227-5900
Facsimile: (973) 244-0019
E-mail: jkj@legaljones.com
MARRIOTT HOTEL: Removed "Torrez" Class Suit to C.D. California
--------------------------------------------------------------
The class action lawsuit entitled Neville Torrez, Ronald Osorio on
behalf of themselves and others similarly situated v. Marriott
Hotel Services, Inc., Marriott International Administrative
Services, Inc., Marriott International and Los Angeles Airport
Marriott Hotel, Case No. BC607004, was removed from the Los
Angeles Superior Court Central Civil West to the U.S. District
Court for the Central District of California (Western Division -
Los Angeles). The District Court Clerk assigned Case No. 2:16-cv-
02061 to the proceeding.
The case alleges violation of the Employee Retirement Income
Security Act.
The Defendants operate a hospitality company that manages and
franchises a broad portfolio of hotels and related lodging
facilities.
Neville Torrez and Ronald Osorio are pro se plaintiffs.
MARYLAND: DDS Faces "Chong Su Yi" Class Suit
--------------------------------------------
A class action lawsuit has been commenced against Maryland
Disability Determination Services, Social Security Administration,
and SSA Notify.
The case is captioned Chong Su Yi and people of similarly situated
v. Maryland Disability Determination Services, Social Security
Administration, and SSA Notify, Case No. 8:16-cv-00896-GJH (D.
Md., March 25, 2016).
Maryland Disability Determination Services is a government agency
that evaluates the eligibility of Marylanders who apply for Social
Security disability programs and benefits.
Social Security Administration is an independent agency of the
United States federal government that administers Social Security,
a social insurance program consisting of retirement, disability,
and survivors' benefits.
The Plaintiff is represented by:
Chong Su Yi
8210 Dixon Avenue
Silver Spring, MD 20910
Telephone: (301) 585-6463
PRO SE
MILLERCOORS LLC: "Lorenzo" Complaint Removed to S.D. Fla.
---------------------------------------------------------
Joaquin Lorenzo, on Behalf of Himself and All Others Similarly
Situated, Plaintiff, v. MillerCoors LLC, MillerCoors LLC, and
SABMiller plc, Defendants, Case No. 1:16-cv-20851-JLK (S.D. Fla.,
March 8, 2016), arises over a contract dispute. The case was
originally filed in the Eleventh Judicial Circuit for Miami-Dade
County, Florida, Case No. 16-003258-CA-01; removed to the federal
district court on March 8; and assigned to Senior Judge James
Lawrence King.
MillerCoors is a joint venture between SABMiller and Molson Coors
Brewing Company.
The Plaintiff is represented by:
Antonio Gabriel Hernandez, Esq.
Antonio G. Hernandez P.A.
4 SouthEast 1st Street, 2nd Floor
Miami, FL 33131
Tel: (305) 282-3698
Fax: (786) 513-7748
Email: hern8491@bellsouth.net
- and -
Cullin Avram O'Brien, Esq.
Cullin O'Brien Law, P.A.
6541 NE 21st Way
Ft. Lauderdale, FL 33308
Tel: (561) 676-6370
Fax: (561) 320-0285
Email: cullin@cullinobrienlaw.com
- and -
Elizabeth Lee Beck, Esq.
Beck & Lee Trial Lawyers
12485 SW 137th Ave., Suite 205
Miami, FL 33186
Tel: (305) 234-2060
Fax: (786) 664-3334
Email: elizabeth@beckandlee.com
Defendants, MillerCoors LLC and Molson Coors Brewing Company, are
represented by:
Paul Joseph Schwiep, Esq.
Coffey Burlington, P.L.
2601 S Bayshore Drive, Penthouse
Miami, FL 33133
Tel: (305) 858-2900
Fax: (305) 858-5261
Email: pschwiep@coffeyburlington.com
Defendant, SABMiller plc, is represented by:
Rachel A Canfield, Esq.
Greenberg Traurig
333 Southeast 2nd Avenue
Suite 4400
Miami, FL 33131
Tel: (305) 579-0591
Fax: (305) 961-5341
Email: canfieldr@gtlaw.com
MONTCLAIR LIMO: "Bicer" Suit Seeks Unpaid Minimum, Overtime Pay
---------------------------------------------------------------
Metin Bicer and Sadik Arslan, Plaintiffs, v. Exclusive One LLC
d/b/a Montclair Limo and Serdar Has, Defendants, Case No. 2:16-cv-
01589-JMV-MF (D.N.J., March 22, 2016), seeks unpaid minimum wages,
overtime pay, liquidated damages, pre-judgment and post-judgment
interest, reasonable attorneys' fees and costs, statutory and
punitive damages for violation of Fair Labor Standards Act, 29
U.S.C. Sec. 201 et seq. and the New Jersey Wage and Hour Law.
Defendants operate a limousine service where Plaintiffs worked as
drivers. Plaintiffs allege that they were not paid overtime and
were subject to illegal deductions.
The Plaintiff is represented by:
Michael R. DiChiara, Esq.
KRAKOWER DICHIARA LLC
77 Market St #2
Park Ridge, NJ 07656
Tel: (201) 746-6334
MONTGOMERY COUNTY: Faces "Yi" Suit Over Civil Right Violation
-------------------------------------------------------------
Chong Su Yi and people of similarly situated v. Montgomery County
of Maryland, Case No. 8:16-cv-00877-GJH (D. Md., March 23, 2016),
arises out of the Defendant's alleged Civil Rights violation.
Montgomery County is a county in the U.S. state of Maryland.
The Plaintiff is represented by:
Chong Su Yi
8210 Dixon Ave.
Silver Spring, MD 20910
PRO SE
MRS BPO: Accused of Wrongful Conduct Over Debt Collection
---------------------------------------------------------
David Braun, on behalf of himself and all other similarly situated
consumers v. Mrs BPO, LLC, Case No. 1:16-cv-01628-RMB-KMW (D.N.J.,
March 24, 2016), seeks to stop the Defendant's unfair and
unconscionable means to collect a debt.
Mrs BPO, LLC operates a third party collection company located at
1930 Olney Ave, Cherry Hill, NJ 08003.
The Plaintiff is represented by:
Daniel Zemel, Esq.
Fred M. Zemel, Esq.
ZEMEL LAW LLC
70 Clinton Ave.
Newark, NJ 07114
Telephone: (862) 227-3106
E-mail: dz@zemellawllc.com
thezemellawfirm@optimum.net
MUSCLEPHARM CORP: "Durnford" Opening Brief Due on June 16
---------------------------------------------------------
The plaintiff in a class action lawsuit against MusclePharm Corp.
has filed an appeal with the U.S. Court of Appeals for the Ninth
Circuit, and the case is captioned, Tucker Durnford, individually
and on behalf of all others similarly situated, Plaintiff, v.
Musclepharm Corp., Defendant, Case No. 16-15374 (9th Cir., March
9, 2016). The Ninth Circuit has set this schedule:
* Mediation Questionnaire due on March 15, 2016.
* Plaintiff's opening brief due June 16, 2016.
* Defendant's answering brief due July 18, 2016.
* Plaintiff's optional reply brief is due 14 days after service of
the answering brief.
MusclePharm provides sports nutrition products and supplements for
athletes.
The Plaintiff is represented by:
Michael Francis Ram, Esq.
RAM, OLSON, CEREGHINO & KOPCZYNSKI LLP
101 Montgomery Street, Suite 1800
San Francisco, CA 94104
Tel: (415) 433-4949
The Defendant is represented by:
Thomas A. Evans, Esq.
REED SMITH LLP
101 Second Street
San Francisco, CA 94105
Tel: (415) 543-8700
- and -
Kathy J. Huang, Esq.
REED SMITH LLP
355 South Grand Avenue
Los Angeles, CA 90071-1514
Tel: (213) 457-8000
- and -
Michael J. Suffern, Esq.
ULMER & BERNE LLP
600 Vine Street, Suite # 2800
Cincinnati, OH 45202-2409
Tel: (513) 698-5064
NATERA INC: Faces "Ellis" Suit over Misleading IPO Statements
-------------------------------------------------------------
M. Jim Ellis, individually and on behalf of all others similarly
situated v. Natera, Inc., Matthew Rabinowitz, Herm Rosenman,
Jonathan Sheena, Roelof F. Botha, Todd Cozzens, Edward C.
Driscoll, Jr., James I. Healy, John Steuart, Sequoia Capital XII,
LP, SC XII Management, LLC, Lightspeed Venture Partners VIII, LP,
Lightspeed Ultimate General Partner VIII, Ltd., Morgan Stanley &
Co. LLC, Cowen and Company, LLC, Piper Jaffray & Co., Robert W.
Baird & Co. Incorporated, Wedbush Securities Inc., and Does 1- 25,
inclusive, Case No. CIV537896 (Cal. Super. Ct., March 23, 2016),
alleges that the Defendants made false and misleading initial
public offering statements, as well as failed to disclose material
adverse facts about the Company's business, operations, and
prospects.
Natera, Inc. is a Delaware corporation that operates a testing
company which develops and commercializes non-invasive methods for
analyzing DNA.
The Plaintiff is represented by:
Kathleen A. Herkenhoff, Esq.
THE WEISER LAW FIRM P.C.
12707 High Bluff Drive, Suite 200
San Diego, CA 92130
Telephone: (858) 794- 1441
Facsimile: (858) 794- 1450
NESTLE WATERS: Faces "Roz" Suit Over Automatic Renewal Policies
---------------------------------------------------------------
Richard Roz, Shneur Gottlieb, and Yehoshua Blum, on behalf of
themselves others similarly situated v. Nestle Waters North
America Inc., d/b/a Readyrefresh By Nestle, and Does 1 through
100, inclusive, Case No. BC614805 (Cal. Super. Ct., March 23,
2016), is an action for damages as a result of the Defendant's
practice of making automatic renewal offers and continuous service
offers, and increasing the automatic monthly charges without
providing prior notice to the Plaintiffs and other similarly
situated consumers.
Nestle Waters North America Inc. sells and delivers water and
other beverage products to consumers in various states throughout
the United States.
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
Mona Atnini, Esq.
KAZEROUNI LAWGROUP, APC
245 Fischer Avenue, Unit Dl
Costa Mesa, CA 92626
Telephone: (800)400-6808
Facsimile: (800) 520-5523
E-mail: ak@kazlg.com
mona@kazlg.com
- and -
Jack J. Gindi, Esq.
LAW OFFICES OF JACK J. GINDI
5405 WilshireBlvd, Suite 210
Los Angeles, CA 90036
Telephone: (310) 254 9749
Facsimile: (310) 254 974
E-mail: JackOindiEsq@gmail.com
- and -
Nissim Levin, Esq.
LAW OFFICES OF NISSIM LEVIN
8200 Wilshire Blvd, Suite 215
Beverly Hills, CA 90211
Telephone: (310) 777-7550
Facsimile: (310) 878-8922
E-mail: NissimLevin@gmail.com
NEW DRAGON: Faces "Gervacio" Suit Over Failure to Pay Overtime
--------------------------------------------------------------
Juan Zeferino Gervacio and Rafael Casiano Mendoza, individually
and on behalf of others similarly situated v. New Dragon Chinese
Restaurant Inc. d/b/a The China Star, Chang Bo Yang, Ji Rong Yang,
and Qi Guang Chen, Case No. 1:16-cv-02221 (S.D.N.Y., March 25,
2016), is brought against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standards Act.
The Defendants own and operate a Chinese restaurant in New York.
Juan Zeferino Gervacio and Rafael Casiano Mendoza are pro se
plaintiffs.
NISSAN NORTH: Faces "Romeo" Class Suit in Dist. New Jersey
----------------------------------------------------------
A class action lawsuit has been commenced against Nissan North
America, Inc., Nissan Extended Services North America, G.P, and
Nissan Extended Services North America, Inc.
The case is captioned Roseann Romeo, on behalf of herself and
other persons similarly situated v. Nissan North America, Inc.,
Nissan Extended Services North America, G.P., and Nissan Extended
Services North America, Inc., Case No. 1:16-cv-01623-RMB-AMD
(D.N.J., March 24, 2016).
The Defendants operate a Nissan vehicle manufacturing facility and
service center headquartered at 300 Nissan Dr., Canton, MS 39046.
The Plaintiff is represented by:
Richard Grungo Jr., Esq.
GRUNGO COLARULO
1940 Route 70 East, Suite 4
Cherry hill, NJ 08003
Telephone: (856) 528-4494
E-mail: rgrungo@gcinjurylaw.com
NORTHLAND GROUP: Faces "Junik" Debt Suit in E.D.N.Y.
----------------------------------------------------
A lawsuit has been filed against Northland Group Inc. The case is
captioned Sam Junik, on behalf of himself and all other similarly
situated consumers, the Plaintiff, v. Northland Group Inc., the
Defendant, Case No. 1:16-cv-01511 (E.D.N.Y., March 28, 2016).
Northland Group provides accounts receivable management and
collection services to national credit grantors, debt buyers, and
student loan lenders.
The Plaintiff is represented by:
Maxim Maximov, Esq.
MAXIM MAXIMOV, LLP
1701 Avenue P
Brooklyn, NY 11229
Telephone: (718) 395 3459
Facsimile: (718) 408 9570
E-mail: m@maximovlaw.com
NORTH MERRICK: Fails to Pay Overtime Wages, "Mendoza" Suit Claims
-----------------------------------------------------------------
Jose A. Mendoza, Froilan Sandoval and Jaime Sandoval, individually
and on behalf of others similarly situated v. North Merrick
Fruits, Inc. d/b/a Pat's Farms, Pasquale Tuosto, and any other
related entities, Case No. 601974/2016 (N.Y. Super. Ct., March 23,
2016), 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 fruit and vegetable market
located in Merrick, New York.
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
OC COMMUNICATIONS: "Rene" Suit Seeks to Recover Unpaid OT Wages
---------------------------------------------------------------
Pierre Rene, for himself and on behalf of others similarly
situated v. O.C. Communications of California, Inc., d/b/a O.C.
Communications, Inc., Case No. 1:16-cv-21052-JEM (S.D. Fla., March
23, 2016), seeks to recover unpaid overtime wages and damages
pursuant to the Fair Labor Standards Act.
O.C. Communications of California, Inc. is a fulfillment
contractor for low-voltage installations with locations across
California and 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
ONE TECHNOLOGIES: "Forby" Suit Transferred to N.D. Tex.
-------------------------------------------------------
Vickie Forby, individually and on behalf of all others similarly
situated in Illinois, the Plaintiff, v. One Technologies LP,
One Technologies Management, and One Technologies Capital LLP, the
Defendants, Case No. 3:15-cv-00757, was transferred from
U.S. District Court for Southern District of Illinois, to U.S.
District Court for Northern District of Texas (Dallas). The
Northern District assigned Case No. 3:16-cv-00856-L-BK to the
proceeding.
One Technologies provides online marketing services and products
in the direct-to-consumer credit monitoring industry. The company
offers an enterprise platform for scaling, marketing, and
prototyping of marketing and product testing. Its products include
ScoreSense, a credit monitoring product that enables customers to
access their credit profiles along with tips, tools, and other
identity theft and safety features; and MyCreditHealth, a solution
that enables customers to access their credit information to
improve their financial health. The company was founded in 2000
and is based in Dallas, Texas.
The Plaintiff is represented by:
David C. Nelson
NELSON & NELSON
420 North High Street
P.O. Box Y
Belleville, IL 62222
Telephone: (618) 277 4000
E-mail: dnelson@nelsonlawpc.com
- and -
Benjamin J Sweet, Esq.
CARLSON LYNCH LTD
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322 9243
Facsimile: (412) 231 0246
E-mail: bsweet@carlsonlynch.com
The Defendants are represented by:
Roger A. Colaizzi, Esq.
Matthew R. Farley, Esq.
W. Jason Rankin, Esq.
Troy A. Bozarth, Esq.
Roger A. Colaizzi
575 7th Street, NW
Washington, DC 20004
Telephone: (202) 344 8051
Facsimile: (202) 344 8300
E-mail: racolaizzi@venable.com
mrfarley@venable.com
wjr@heplerbroom.com
troy.bozarth@heplerbroom.com
ONX USA: "Newson" Suit Seeks to Recover Unpaid OT Wages & Damages
-----------------------------------------------------------------
Isabel Newson v. OnX USA L.L.C., OnX d/b/a OnX Enterprise
Solutions, John Does 1-100 and ABC Corps. 1-100, Case No. L-
001815-16 (N.J. Super. Ct., March 23, 2016), seeks to recover
unpaid overtime wages and damages pursuant to the Fair Labor
Standards Act.
The Defendants are in the business of providing technology
services to businesses in the State of New Jersey and the United
States.
The Plaintiff is represented by:
Toni L. Telles, Esq.
LANCE BROWN AND ASSOCIATES, LLC
1898 Route 33
Hamilton, NJ 08690
Telephone: (609) 587-5100
Facsimile: (609) 587-6030
PACIFIC GUARDIAN: Faces "King" Class Suit in Hawaii
---------------------------------------------------
Donald W. King, and all other individuals similarly situated,
Plaintiff, v. Pacific Guardian Life Insurance, Kebob, L.L.C.,
Keola Gerell, C.T.M.S., Inc., Leoni Joe, Jr., Robert H. Gerell,
Gerell Management Partners, Edwin Bowoin, Ogawa, Lau, Nakamura &
Jew, and Roy T. Ogawa, in their individual and official
capacities, Defendants, Case No. 1:16-cv-00103-KSC-NONE (D. Haw.,
March 8, 2016), alleges violation of the Civil Rights Act.
The case is assigned to Magistrate Judge Kevin S.C. Chang.
The Plaintiff represents himself.
PALEOHACKS LLC: Faces "Lopez" Suit Over Automatic Renewal Policy
----------------------------------------------------------------
Matthew Lopez, individually and on behalf of all others similarly
situated v. Paleohacks, LLC and Does 1 - 10, inclusive, Case No.
3:16-cv-00716-AJB-MD (S.D. Cal., March 25, 2016), is an action for
damages as a result of the Defendants' practice of making
automatic renewal or continuous service offers to consumers in and
throughout the United States and failing to provide an
acknowledgment that includes the automatic renewal or continuous
service offer terms, cancellation policy, and information
regarding how to cancel in a manner that is capable of being
retained by the consumer.
Paleohacks, LLC operates a website, www.paleolifebox.com, which
markets subscriptions for Paleo snack products.
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
Richard H. Hikida, Esq.
David W. Reid, Esq.
Victoria C. Knowles, Esq.
NEWPORT TRIAL GROUP
A Professional Corporation
4100 Newport Place, Ste. 800
Newport Beach, CA 92660
Telephone: (949) 706-6464
Facsimile: (949) 706-646
E-mail: sferrell@trialnewport.com
rhikida@trialnewport.com
dreid@trialnewport.com
vknowles@trialnewport.com
PETCO ANIMAL: Faces "Ramos" Suit Over Failure to Pay Overtime
-------------------------------------------------------------
Rodney Ramos, on behalf of himself and all others similarly
situated v. Petco Animal Supplies, Inc., and Richard Coughlin,
Toribio Salinas, Steven King, Felix Bravo, and John Does 1-500,
Individuals, Case No. 4:16-cv-00767 (S.D. Tex., March 23, 2016),
is brought against the Defendants for failure to pay overtime
wages in violation of the Fair Labor Standards Act.
The Defendants own and operate retail stores of specialty pet
supplies headquartered at 9125 Rehco Road, San Diego, California
92121.
The Plaintiff is represented by:
Corinna Chandler, Esq.
Charles W. Branham III, Esq.
DEAN OMAR & BRANHAM, LLP
Elm Street Dallas, TX 75226
Telephone: (214) 722-5990
Facsimile: (214) 722-5991
E-mail: cchandler@dobllp.com
tbranham@dobllp.com
- and -
Patrick S. Almonrode, Esq.
Jason T. Brown, Esq.
155 2nd Street, Suite 4
Jersey City, NJ 07302
Telephone: (201) 630-0000
Facsimile: (855) 582-5297
E-mail: patalmonrode@jtblawgroup.com
jtb@jtblawgroup.com
PILOT CORP: Faces "Ivy" Credit Card Suit in M.D. Florida
--------------------------------------------------------
Dorene Ivy, individually, and on behalf of all others similarly
situated, Plaintiff, v. Pilot Corporation and Pilot Travel Center,
LLC, dba Pilot Flying J, Defendants, Case No. 5:16-cv-00123-MMH-
PRL (M.D. Fla., March 8, 2016), seeks damages, restitution, and
injunctive relief due to the unsuspecting and disproportionate
loss of use of her credit card for several days.
Plaintiff was prevented from using her American Express Card days
after she purchased fuel at a Pilot store in Ocala, Florida,
because of a "hold" placed on her credit card in an amount
substantially exceeding the amount of her actual fuel purchase.
Pilot advertises and sells fuel at fuel and travel centers in at
least 44 states across the United States.
The case is assigned to Judge Marcia Morales Howard.
The Plaintiff is represented by:
Philip N. Hammersley, Esq.
NORTON HAMMERSLEY LOPEZ & SKOKOS P.A.
Sarasota City Center
1819 Main St., #610
Sarasota, FL 34236
Tel: (941) 954-4691
Fax: (941) 954-2128
Email: phammersley@nhlslaw.com
- and -
Gordon Ball, Esq.
GORDON BALL, PLLC
550 West Main Street, Suite 600
Knoxville, TN 37902
Tel: (865) 525-7028
Fax: (865) 525-4679
Email: gball@gordonball.com
- and -
Thomas C. Jessee, Esq.
JESSEE & JESSEE
412 East Unaka Avenue
P.O. Box 997
Johnson City, TN 37605-0997
Tel: (423) 928-7176
- and -
Lance K. Baker, Esq.
THE BAKER LAW FIRM
550 Main Street, Suite 600
Knoxville, TN 37902
Tel: (865) 525-7028
Fax: (865) 525-4679
Email: lkbakerlaw@gmail.com
POOL & ELECTRIC: Faces "Figuero" Suit Over Failure to Pay OT
------------------------------------------------------------
Alberto Figuero, on behalf of himself and others similarly
situated v. Pool & Electric Products, Inc. and Does 1 through 100,
inclusive, Case No. BC614557 (Cal. Super. Ct., March 23, 2016), is
brought against the Defendants for failure to pay overtime wages
in violation of the Fair Labor Standards Act.
Pool & Electric Products, Inc. operates warehouses of pool
products and electrical equipment for new pool constructions,
renovation and maintenance.
The Plaintiff is represented by:
Michael Nourmand, Esq.
James A. De Sario, Esq.
THE NOURMAND LAW FIRM, APC
8822 West Olympic Boulevard
Beverly Hills, CA 90211
Telephone: (310) 553-3600
Facsimile: (310) 553-3603
PRECISION CASTPARTS: Sued Over Misleading Financial Reports
-----------------------------------------------------------
Kevin Murphy, individually and on behalf of all others similarly
situated v. Precision Castparts Corp., Mark Donegan, and Shawn R.
Hagel, Case No. 3:16-cv-00521-SB (D. Or., March 25, 2016), 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.
Precision Castparts Corp. is a manufacturer of complex metal
components primarily marketed to industrial and aerospace
customers.
The Plaintiff is represented by:
Jeffrey Ratliff, Esq.
RANSOM, GILBERTSON, MARTIN & RATLIFF, L.L.P.
1500 NE Irving St., Suite 412
Portland, OR 97232
Telephone: (503) 226-3664
- and -
Lionel Z. Glancy, Esq.
Robert V. Prongay, Esq.
Casey E. Sadler, Esq.
Charles H. Linehan, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
E-mail: lglancy@glancylaw.com
rprongay@glancylaw.com
csadler@glancylaw.com
csadler@glancylaw.com
SAIC INC: 2nd Cir. Revives Securities Litigation
------------------------------------------------
Adam Klasfeld, writing for Courthouse News Service, reported that
months after affirming three men's convictions in the CityTime
fraud case, the U.S. Court of Appeals for the Second Circuit
breathed new life into a class action brought by retirement and
pension funds that lost money in what has been called "the single
largest fraud ever perpetrated on the city of New York."
SAIC, short for Science Applications International Corp., had been
the lead contractor for New York City's automated payroll system,
known as CityTime. Four years ago, U.S. Attorney Preet Bharara
announced that the program had been "corrupted to its core,"
prosecuted several of its executives, and charged the company $500
million in restitution and penalties.
A federal jury ultimately convicted Mark Mazer, an ex-consultant
for the city's payroll office, and his associates Dimitry
Aronshtein and Gerard Denault, of conspiring to defraud the city
into paying more than $700 million for a project originally budget
at $63 million.
The Second Circuit affirmed their 20-year sentences late last
year.
In the fallout of the scandal, six retirement and pension funds
led by the Indiana Public Retirement System accused SAIC and five
of its executives of misleading investors about the corporation's
liabilities for employee fraud.
On Sept. 30, 2014, a federal judge denied the funds' motions for
relief on judgment.
Partially reversing that ruling on March 29, the Second Circuit
found that two of SAIC's filings may have been misleading: the
corporation's Financial Accounting Standard No. 5 and Item 303 of
SEC Regulation S-K.
"We conclude that the allegations support the inference that SAIC
acted with at least a reckless disregard of a known or obvious
duty to disclose when, as alleged, it omitted this material
information from its March 2011 10-K in violation of FAS 5 and
Item 303," Judge Raymond Lohier wrote for a three-judge panel.
Lawyers for the parties did not immediately respond to a request
for comment.
* * *
According to Leidos Holdings, Inc. and Leidos, Inc. in their Form
10-KT Report filed with the Securities and Exchange Commission on
February 26, 2016, for the transition period from January 31, 2015
to January 1, 2016, between February and April 2012, alleged
stockholders filed three putative securities class actions. One
case was withdrawn and two cases were consolidated in the U.S.
District Court for the Southern District of New York in In re
SAIC, Inc. Securities Litigation.
The consolidated securities complaint names as defendants the
Company, a former chief financial officer, two former chief
executive officers, a former group president, and the former
program manager on the CityTime program, and was filed purportedly
on behalf of all purchasers of the Company's common stock from
April 11, 2007 through September 1, 2011. The consolidated
securities complaint asserted claims under Sections 10(b) and
20(a) of the Securities Exchange Act of 1934 based on allegations
that the Company and individual defendants made misleading
statements or omissions about the Company's revenues, operating
income, and internal controls in connection with disclosures
relating to the CityTime project. The plaintiffs sought to recover
from the Company and the individual defendants an unspecified
amount of damages class members allegedly incurred by buying the
Company's stock at an inflated price.
On October 1, 2013, the District Court dismissed many claims in
the complaint with prejudice and on January 30, 2014, the District
Court entered an order dismissing all remaining claims with
prejudice and without leave to replead. The plaintiffs moved to
vacate the District Court's judgment or obtain relief from the
judgment and for leave to file an amended complaint.
On September 30, 2014, the District Court denied plaintiff's
motions. The plaintiffs filed a notice of appeal on October 30,
2014 to the United States Court of Appeals for the Second Circuit
where the appeal remains pending.
The case captioned, UNITED STATES COURT OF APPEALS FOR THE SECOND
CIRCUIT, INDIANA PUBLIC RETIREMENT SYSTEM, Indiana State Teachers'
Retirement Fund, Indiana Public Employees' Retirement Fund,
Plaintiffs-Appellants, City of Westland Police and Fire Retirement
System, on Behalf of Itself and All Others Similarly
Situated, Locals 302 and 612 of the International Union of
Operating Engineers-Employers Construction Industry Retirement
Fund, on Behalf of Themselves and All Others Similarly Situated,
IBEW Local Union No. 58 Annuity Fund and the Electrical Workers
Pension Trust Fund of IBEW Local Union No. 58, Plaintiffs, v.
SAIC, INC., Mark W. Sopp, Walter P. Havenstein, Defendants-
Appellees, Gerard Denault, Kenneth C. Dahlberg, Deborah H.
Alderson, Defendants., Docket No. 14-4140-cv
Leidos is an applied technology company delivering services and
solutions to national security, health and engineering markets.
SCHUSTER MANAGEMENT: "Cianci" Suit Seeks Overtime Pay
-----------------------------------------------------
Deborah Cianci, Plaintiff v. Schuster Management Corporation and
John J. Schuster, Jr., Defendants, Case No. 1:16-cv-00862-JKB (D.
Md., Northern Division, March 22, 2016), seeks to recover unpaid
wages, liquidated damages, interest, reasonable attorneys' fees
and costs under Section 16(b) of the Federal Fair Labor Standards
Act of 1938, Maryland Wage and Hour Law, Maryland Code Annotated,
Labor and Employment Article Sec. 3-401, et seq., Maryland Wage
Payment and Collection Law, Maryland Code Annotated, Labor and
Employment Article Sec. 3-501, et seq.
Schuster Management Corporation provides management services for
low income housing facilities where the Plaintiff was employed as
a site manager at Tremont Place Apartments located in Westminster,
Maryland 21157, managing, maintaining upkeep of apartment
complexes. Cianci claims she was not compensated for overtime.
The Plaintiff is represented by:
Joseph Spicer, Esq.
THE LAW OFFICES OF PETER T. NICHOLL
36 South Charles Street, Suite 1700
Baltimore, MD 21201
Tel: (410) 244-7005
Fax: (410) 244-8454
SKULLCANDY INC: Violated Securities Act, "Oswald" Suit Claims
-------------------------------------------------------------
Marjorie B. Oswald, individually and on behalf of all others
similarly situated, the Plaintiff, v. SkullCandy, Inc., Seth
Darling, Jason Hodell, and Richard P. Alden, the Defendants, Case
No. 2:16-cv-00246-CW (N.D. Utah, Central Div., March 28, 2016),
seeks to pursue remedies under the Securities Exchange Act of 1934
(Exchange Act).
The Defendants allegedly made false and misleading statements and
failed to disclose material facts concerning SKUL's operations and
financial results, including issues with its largest Chinese
distributor. In addition, Defendants misled the market by issuing
false and misleading earnings guidance. As the direct result of
Defendants' wrongful actions, the common stock of SKUL traded at
artificially inflated prices.
SKUL is a designer, marketer and distributor of audio and gaming
headphones, earbuds, speakers and other accessories under the
Skullcandy, Astro Gaming and 2XL brands. The Company offers an
array of styles and price points, and includes audio products and
categories, such as gaming and sports performance, women's and
wireless offerings, as well as partnerships with manufacturers to
license its brand.
The Plaintiff is represented by:
Jeffrey L. Silvestrini, Esq.
COHNE KINGHORN, PC
111 E. Broadway, 11th Floor
Salt Lake City, UT 84111
Telephone: (801) 363 4300
E-mail: jeff@cohnekinghorn.com
- and -
Curtis V. Trinko, Esq.
Jennifer E. Traystman, Esq.
16 West 46th Street, 7th Floor
New York, NY 10036
Telephone: (212) 490 9550
E-mail: Ctrinko@trinko.com
SMOKY MOUNTAIN: "McNabb" Suit Seeks Minimum, Overtime Pay
---------------------------------------------------------
Calvin McNabb, Gloria Almaraz, Donald Bennett, Grayson Dagnan and
Kyle Peacock, individually, collectively, and on behalf of
similarly situated employees, Plaintiffs, v. Smoky Mountain
Children's Home, Defendant, Case No. 3:16-cv-00140 (E.D. Tenn.,
Northern Division, March 22, 2016), seeks minimum and overtime
wages, damages, post-judgment interest and liquidated damages,
reasonable attorneys' fees and costs and such other and further
legal and equitable relief for violation of the Fair Labor
Standards Act.
Defendant operates school facilities for teenagers with emotional,
behavioral, educational, medical, and/or legal difficulties. It
also operates an accredited adoption agency and an outpatient
mental health provider.
Plaintiffs worked as relief house parents and claim to have not
received compensation for all work rendered.
The Plaintiff is represented by:
Jesse D. Nelson, Esq.
Kayla L. Towe, Esq.
LAW OFFICE OF JESSE D. NELSON, PLLC
9724 Kingston Pike, Suite 104
Knoxville, TN 37922
Tel: (865) 383-1053
Email: jesse@jessenelsonlaw.com
SOUTHEAST MILK: "Kile" Wages & Hour Suit Removed to M.D. Florida
----------------------------------------------------------------
Mark A. Kile, on behalf of himself and others similarly situated,
Plaintiff, v. Southeast Milk, Inc., and Steve Kennedy, Defendants,
Case No. 5:16-cv-00124-JSM-PRL (M.D. Fla., March 8, 2016), asks
the Court to issue an Order awarding damages in the amount of
unpaid overtime compensation owed, awarding liquidated damages
pursuant to 29 U.S.C. Section 216 (b), awarding reasonable
attorneys' fees and costs pursuant to 29 U.S.C. Section 216 (b),
and awarding all such other relief as the Court deems just and
appropriate.
Plaintiff demands trial by jury as to all issues.
The case is assigned to Judge James S. Moody, Jr.
The case was originally filed in the Fifth Judicial Circuit in and
for Marion County, Florida, Case No. 16-217-CAG, on Feb. 4, 2016,
and removed to the federal district court on March 8.
Southeast Milk, Inc., is a fully-service dairy cooperative
operating for the benefit of its members, consisting of dairies
throughout Florida, Georgia, Alabama, and Tennessee. It engages in
marketing, processing, and shipping of milk throughout these
regions. SMI currently handles most of the milk marketed in the
state of Florida.
The Plaintiff is represented by:
Jason M. Melton, Esq.
Whittel & Melton
200 Central Ave Ste 400
St. Petersburg, FL 33701
Tel: (727) 822-1111
Fax: (727) 898-2001
Email: jason@thefllawfirm.com
- and -
Jay P. Lechner, Esq.
Whittel & Melton
200 Central Ave Ste 400
St. Petersburg, FL 33701
Tel: (727) 823-0000
Fax: (352) 556-4839
Email: lechnerj@thefllawfirm.com
The Defendants are represented by:
Kathryn Marie Kelly, Esq.
Buchanan Ingersoll & Rooney, PC|Fowler White Boggs
Suite 2800
50 N Laura St
Jacksonville, FL 32202
Tel: (904) 598-3100
Email: katie.kelly@bipc.com
- and -
Robert Gambrell Riegel , Jr., Esq.
Buchanan Ingersoll & Rooney, PC|Fowler White Boggs
Suite 2800
50 N Laura St
Jacksonville, FL 32202
Tel: (904) 446-2645
Fax: (904) 598-3131
Email: robert.riegel@bipc.com
SPECIAL TOUCH: "Matala-De-Mazza" Transferred to E.D.N.Y.
--------------------------------------------------------
Loubov Matala-De-Mazza, individually and on behalf of all other
persons similarly situated who were employed by Special Touch Home
Care Services, Plaintiff, v. Special Touch Home Care Services,
Inc., and Steven Ostrovsky, Defendants, Case No. 1:16-cv-00951
(S.D.N.Y., February 9, 2016) has been transferred from the
Southern District of New York to the Eastern District of New York
and assigned Case No. 1:16-cv-01185-ARR-RLM (E.D.N.Y., March 8,
2016). The case is assigned to Judge Allyne R. Ross.
The Plaintiffs are represented by:
LaDonna Marie Lusher, Esq.
Virginia & Ambinder LLP
40 Broad Street, 7th Floor
New York, NY 10004
Tel: (212) 943-9080
Fax: (212) 943-9082
Email: llusher@vandallp.com
- and -
Lloyd Robert Ambinder, Esq.
Virginia & Ambinder LLP
40 Broad Street, 7th Floor
New York, NY 10004
Tel: (212) 943-9080
Fax: (212) 943-9082
Email: lambinder@vandallp.com
- and -
Milana Dostanitch, Esq.
Viriginia & Ambinder, LLP
40 Broad Street, 7th Floor
New York, NY 10004
Tel: (212) 943-9080
Fax: (212) 943-9082
Email: mdostanitch@vandallp.com
The Defendants are represented by:
Richard Jay Reibstein, Esq.
Pepper Hamilton, LLP (NYC)
The New York Times Building
620 Eighth Avenue
New York, NY 10018
Tel: (212) 808-2722
Fax: (866) 454-5857
Email: reibsteinr@pepperlaw.com
- and -
Albert LLosas Barrueco, Esq.
Pepper Hamilton LLP
The New York Times Building
620 Eighth Avenue, 37th Floor
New York, NY 10018
Tel: (212) 808-2731
Fax: (866) 422-3551
Email: barruecoa@pepperlaw.com
SYNGENTA AG: Removed "Borneman" Suit to Kansas District Court
-------------------------------------------------------------
The class action lawsuit captioned Robert Borneman, Karen
Borneman, Glen Borneman/GB Trust 12-12, individually and on behalf
of a class of others similarly situated v. Syngenta AG, Syngenta
Corporation, Syngenta Crop Protection, LLC, Syngenta Seeds, Inc.,
and Syngenta Crop Protection AG, Case No. 2015-L-36, was removed
from Ogle County, Illinois Circuit Court to the U.S. District
Court District Of Kansas (Kansas City). The District Court Clerk
assigned Case No. 2:16-cv-02181-JWL-JPO to the proceeding.
The suit asserts product liability claims.
The Defendants operate an agriculture company that produces
agrochemicals and seeds.
The Plaintiff is represented by:
Michael Joseph Schirger, Esq.
SCHIRGER LAW OFFICES, LLC
695 North Perryville, Suite 4
Rockford, IL 61107
Telephone: (815) 977-5211
The Defendant is represented by:
Jordan M. Heinz, Esq.
KIRKLAND & ELLIS
300 N. LaSalle Street
Chicago, IL 60654
Telephone: (312) 469-7027
Facsimile: (312) 862-2200
E-mail: jordan.heinz@kirkland.com
TASTEFULLY DELIVERED: Faces "Castano" Suit Over Failure to Pay OT
-----------------------------------------------------------------
Reyner Castano v. Tastefully Delivered, LLC and Scott
Trachtenberg, Case No. 2016-007233-CA-01 (Fla. 11th Ct., March 23,
2016), is brought against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standards Act.
The Defendants own and operate a restaurant in Miami-Dade County,
Florida.
The Plaintiff is represented by:
Anthony M. Georges-Pierre, Esq.
REMER & GEORGES-PIERRE, PLLC
44 West Flagler St., Suite 2200
Miami, FL 33130
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
E-mail: agp@rgpattorneys.com
apetisco@rgpattorneys.com
TCI TRANSPORTATION: Doesn't Properly Pay Truck Drivers, Suit Says
-----------------------------------------------------------------
Michael Stutz, individually and on behalf of all others similarly
situated v. TCI Transportation Services, Inc., and Does 1-20,
inclusive, Case No. BC614540 (Cal. Super. Ct., March 23, 2016), is
brought against the Defendants for failure to pay its current and
former truck drivers in California separately and on an hourly
basis for their time spent taking their statutory rest periods and
for their pre and post-trip inspections, waiting time, time spent
cleaning their trucks, time spent fueling their trucks and on
work-related paper work.
TCI Transportation Services, Inc. operates its business in
California transporting goods to its customers.
The Plaintiff is represented by:
Craig J. Ackermann, Esq.
ACKERMANN & TILAJEF, P.C.
1180 South Beverly Drive., Suite 610
Los Angeles, CA 90035
Telephone: (310) 277-0614
Facsimile: (310) 277-0635
E-mail: cja@ackermanntilajef.com
TETRAPHASE PHARMACEUTICALS: Sued Over Misleading Fin'l Reports
--------------------------------------------------------------
Dan Schlapkohl, individually and on behalf of all others similarly
situated v. Tetraphase Pharmaceuticals Inc., Guy Macdonald, John
Craig Thompson, and David Lubner, Case No. 1:16-cv-10577 (D.
Mass., March 23, 2016), 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.
Tetraphase Pharmaceuticals Inc. operates a biopharmaceutical
company with a focus on creating antibiotics for drug-resistant
bacteria.
The Plaintiff is represented by:
Jeffrey C. Block, Esq.
Jason M. Leviton, Esq.
Joel A. Fleming, Esq.
BLOCK & LEVITON LLP
155 Federal Street, Suite 400
Boston, MA 02110
Telephone: (617) 398-5600
Facsimile: (617) 507-6020
E-mail: jeff@blockesq.com
jason@blockesq.com
joel@blockesq.com
- and -
Phillip Kim, Esq.
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 34th Floor
New York, NY 10016
Telephone: (212) 686-1060
Facsimile: (212) 202-3827
E-mail: pkim@rosenlegal.com
lrosen@rosenlegal.com
- and -
Michael Goldberg, Esq.
GOLDBERG LAW PC
Marina Pointe Dr. Suite 1404
Marina Del Rey, CA 90292
Telephone: (1800) 977-7401
Facsimile: (1-800) 536-0065
E-mail: info@goldberglawpc.com
TOUHY LLC: Violated Tenant Ordinance, "Rivard-Hoster" Suit Claims
-----------------------------------------------------------------
Lyla Rivard-Hoster, Danielle Mohrbach, Anthony Torres And Danielle
Walton, individually and on behalf of all others similary
situated, the Plaintiffs, v. William Covaci and 1360 W Touhy, LLC,
the Defendant, Case No. 2016-CH-04421 (Ill. Cook Cty. Cir. Ct.,
Chancery Division, March 29, 2016), seeks to recover damages as a
result of Defendants' violation of the City of Chicago Residential
Landlord and Tenant Ordinance (CRLTO). The Defendants allegedly
failed to provide a copy of the then-current separate summary
describing the respective rights, obligations and remedies of
landlords and tenants with respect to security deposits that was
prepared by the Chicago commissioner of the department of housing
and made available for inspection and copying at the beginning of
each year.
Touhy LLC, is an Illinois company registered with the Illinois
Secretary of State to conduct business in Illinois. Touhy LLC is
the owner of Plaintiffs', Torres, dwelling unit at and all of the
dwelling units in the building of which it is a part at 1360 W.
Touhy Ave., Chicago, Illinois.
The Plaintiff is represented by:
JS LAW
29 E. Madison Street, Suite 1000
Chicago, IL 60602
Telephone: (312) 756 1330
E-mail: jeffs@jsslawoffices.com
TRACFONE WIRELESS: Faces "Bloch" Class Suit in E.D. New York
------------------------------------------------------------
A class action lawsuit has been commenced against Tracfone
Wireless Inc. d/b/a SafeLink. The case is captioned Joel Bloch,
individually and on behalf of all others similarly situated v.
Tracfone Wireless Inc. d/b/a SafeLink, Case No. 1:16-cv-01372-NG-
PK (E.D.N.Y., March 22, 2016).
Tracfone Wireless Inc. is a prepaid wireless service provider in
the United States, Puerto Rico, and the US Virgin Islands.
The Plaintiff is represented by:
Stefan Louis Coleman, Esq.
LAW OFFICES OF STEFAN COLEMAN, PLLC
1309 Jericho Turnpike, 2nd Floor
New Hyde Park, NY 11040
Telephone: (877) 333-9427
Facsimile: (888) 498-8946
E-mail: law@stefancoleman.com
TRANSAMERICA LIFE: Sued in Florida Over Premium Payment Increase
----------------------------------------------------------------
Andrew Kriegman, as trustee for the Adrienne L. Hendler Revocable
Trust dated 6/4/1993, the Elizabeth Kriegman Revocalbe Trust dated
6/8/1993, and the Patricia Sokolow Revocable Trust dated 6/4/1993,
on behalf of himself and all others similarly situated v.
Transamerica Life Insurance Company, Case No. 1:16-cv-21074-KMW
(S.D. Fla., March 25, 2016), is brought on behalf of those
specific nationwide Transamerica policyholders who received the
uniform letter and are now suffering, have suffered, and will
suffer from the massive and deceptive increases to their premium
payments. The lawsuit seeks to prevent Transamerica from
continuing this unlawful practice.
Transamerica Life Insurance Company operates an insurance company
with its principal place of business in Cedar Rapids, Iowa.
The Plaintiff is represented by:
Adam M. Moskowitz, Esq.
Rachel Sullivan, Esq.
Robert J. Neary, Esq.
Tal J. Lifshitz, Esq.
KOZYAK TROPIN & THROCKMORTON
2525 Ponce de Leon Blvd., 9th Floor
Coral Gables, FL 33134
Telephone: (305) 372-1800
Facsimile: (305) 372-3508
E-mail: amm@kttlaw.com
rs@kttlaw.com
rn@kttlaw.com
tjl@kttlaw.com
- and -
Jack Scarola, Esq.
SEARCY DENNEY SCAROLA BARNHART & SHIPLEY PA
2139 Palm Beach Lakes Blvd.
West Palm Beach, FL 33409
Telephone: (561) 686-6300
Facsimile: (561) 383-9451
E-mail: jsx@searcylaw.com
- and -
Chip Merlin, Esq.
MERLIN LAW GROUP, P.A.
777 S. Harbour Island Blvd. Suite 950
Tampa, FL
Telephone: 813-229-1000
E-mail: cmerlin@merlinlawgroup.com
- and -
Phillip Sanov, Esq.
MERLIN LAW GROUP, P.A.
Three Riverway, Suite 701
Houston, TX
Telephone: 713-626-8880
E-mail: PSanov@merlinlawgroup.com
TORRES ADVANCED: Faces "Liverett" Suit Over Failure to Pay OT
-------------------------------------------------------------
Grant Liverett, on behalf of himself and all others similarly
situated v. Torres Advanced Solutions LLC, Case No. 1:16-cv-00339-
TSE-TC (E.D. Va., March 25, 2016), is brought against the
Defendant for failure to pay overtime wages in violation of the
Fair Labor Standards Act.
Torres Advanced Solutions LLC provides security services for U.S.
Embassies, U.S. Consulates, the U.S. Agency for International
Development (USAID), Peace Corps, the U.S. Center for Disease
Control (CDC), the U.S. Department of Defense, the Bureau of
Diplomatic Security, the Bureau of International Narcotics and Law
Enforcement Affairs (INL), other critical U.S. missions and
organizations and Fortune 500 companies.
The Plaintiff is represented by:
Rowdy B. Meeks, Esq.
ROWDY MEEKS LEGAL GROUP LLC
10601 Mission Road, Suite 100
Leawood, KA 66206
Telephone: (913)766-5585
Facsimile: (816)875-5069
E-mail: Rowdy.Meeks@rmlegalgroup.com
- and -
Gregg C. Greenberg, Esq.
ZIPIN, AMSTER & GREENBERG, LLC
8757 Georgia Avenue, Suite 400
Silver Spring, MD 20910
Telephone: (301) 587-9373
Facsimile: (301)587-9397
E-mail: Ggreenberg@zagfirm.com
UNITED STATES: Faces "Schulenburg" Suit Over Tucker Act Violation
-----------------------------------------------------------------
Delbert Schulenburg, Cathy Schulenburg, The Cessna Corporation,
Jeremy F. Jackson, Rena K. Jackson, William J. Silvers, Mamie A.
Silvers, Joe Mark Stipp, and Cathy Marie Forbes, as Co-Personal
Representatives of the Estate of Marie C. Stipp, For Themselves
and As Representatives of A Class of Similarly Situated Persons v.
USA, Case No. 1:16-cv-00371-SGB (COFC, March 23, 2016), is brought
against the Defendants for violation of the Tucker Act.
The Plaintiff is represented by:
Mark Fernlund Hearne II, Esq.
ARENT FOX, LLP
112 S. Hanley Road, Suite 200
Clayton, MO 63105
Telephone: (314) 296-4000
Facsimile: (202) 857-6395
E-mail: thornet@ix.netcom.com
WILLIAMS-SONOMA: Sued in Massachusetts Over Invasion of Privacy
---------------------------------------------------------------
Judith Monteferrante, on behalf of herself and all other similarly
situated individuals v. Williams-Sonoma, Inc., Case No. 1:16-cv-
1057 (D. Mass., March 23, 2016), seeks redress for the Defendant's
unlawful invasion of its customers' privacy and disregard for the
laws of the Commonwealth of Massachusetts designed to protect
consumers' rights to be free from intrusive corporate data
collection and marketing.
Williams-Sonoma, Inc. is a Delaware corporation that operates a
consumer retail company that sells kitchen-wares and home
furnishings.
The Plaintiff is represented by:
D. Greg Blankinship, Esq.
FINKELSTEIN, BLANKINSHIP, FREI-PEARSON & GARBER, LLP
1311 Mamaroneck Avenue, Suite 220
White Plains, NY 10605
Telephone: (914) 298-3281
Facsimile: (914) 824-1561
E-mail: gblankinship@fbfglaw.com
- and -
Kim E. Richman, Esq.
THE RICHMAN LAW GROUP
81 Prospect Street
Brooklyn, NY 11201
Telephone: (212) 687-8291
Facsimile: (212) 687-8292
E-mail: krichman@richmnalawgroup.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 2016. 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 * * *