/raid1/www/Hosts/bankrupt/CAR_Public/160502.mbx
C L A S S A C T I O N R E P O R T E R
Monday, May 2, 2016, Vol. 18, No. 87
Headlines
44TH ENTERPRISES: Faces "Dennis" Suit Over Failure to Pay OT
A BOSA: Recalls Murcia al Vino Cheese Due to Listeria
ABERCROMBIE & FITCH: Has Sent Unsolicited Messages, Suit Says
ALLTRADE TOOLS: Recalls Ratcheting Tie Downs Due to Injury Hazard
ANASTOS MOTORS: Faces "Garcia" Suit Over Failure to Pay Overtime
APPLUS VELOSI: Faces "Erwin" Suit Over FLSA Violation
ARM CORPORATION: "Rossman" Suit Seeks to Recover Unpaid OT Wages
BARRY GOLDMAN: Court Allows Class Certification in "Johnson" Suit
BATTENDOWN INC: Doesn't Properly Pay Employees, "Munoz" Suit Says
BAYAN GROCERS: Recalls Chocolate Wafer Sticks Due to Soy & Egg
BEBENUK INC: Recalls Pacifier Holders Due to Choking Hazard
BECKMAN COULTER: Recalls Immunochemistry System Assays
BLACK DIAMOND: Recalls Black Diamond Brand Carabiners
BRENNTAG PACIFIC: Faces "Salazar" Suit Over Failure to Pay OT
BUMBO INT'L: Court Takes Class Certification Bid Under Advisement
CANADA NEW: Recalls Fish Products Due to Egg
CARRIER CORPORATION: Recalls Air Conditioners and Heat Pumps
CENTRAL REFRIGERATED: R. Anderson Moves for Class Certification
COMCAST CABLE: Faces "Blanks" Suit Over Illegal Termination
DATASCOPE CORP: Recalls Cardiosave Intra-Aortic Balloon Pump
DELTA AIR: Faces "Lopez" Suit in Cal. Over Age Discrimination
DICK'S SPORTING: Has Sent Unsolicited Text Messages, Suit Claims
DODGE: Recalls 2007 Models Due to Defective Airbag
FOREST RIVER: Recalls Georgetown 2016 Models Due to Injury Risk
FRESHPET INC: Faces "Curran" Securities Suit in N.J. Court
GENERAL MOTORS: Recalls Sierra and Silverado 2014 Models
GG CLOSED-CIRCUIT: 2nd Amended Class Counterclaim Denied as Moot
HARDYWARES PRESERVES: Recalls Mustard Relish Due to Botulinum
HOLDING HANDS: Does Not Properly Pay Employees, Action Claims
HONDA: Recalls Off-Road Vehicles 2016 Models Due to Injury Risk
HOT PIZZAS: Faces Texas Lawsuit Seeking Overtime Pay Under FLSA
IKEA CANADA: Recalls Lattjo Bat Cape Due to Strangulation Risk
JAYCO: Recalls Octane Travel Trailer 2016 Models
JEFFERSON CAPITAL: Court OKs Arbitration, Junks "Gorchoff" Suit
JENNY CRAIG: Appeal in Non-Managerial Employees' Suit Rejected
JENNY CRAIG: 9th Cir. Upholds Class Cert. Denial in "Coleman" Suit
JM PROTECTIVE: Faces "Dorsainvil" Suit Alleging FLSA Violation
JOS A BANK: Has Sent Unsolicited Text Messages, Suit Claims
KAPER INDUSTRIAL: Recalls Lithium-Ion Flashlights
LATSHAW DRILLING: Faces "Sanders" Suit Over Failure to Pay OT
LEMOND FOOD: Recalls Frozen Seafood Products Due to Egg
LIVE CHEAP: "Vereen" Suit Seeks to Recover Unpaid Overtime Wages
M&M BEDDING: Faces Suit for Violation of FLSA, Md. Wage Laws
MAZDA: Recalls CX-9 2014, 2012, 2016 Models
MERCEDES-BENZ: Recalls Multiple Vehicle Models Due to Injury Risk
MERCEDES-BENZ: Recalls Sprinter 2500 & 3500 2010 Models
MERCEDES-BENZ: Recalls SLK CLASS 2016 Models Due to Crash Risk
MERCEDES-BENZ: Recalls B Class 2015 Models Due to Crash Risk
MERCEDES-BENZ: Sued Over Emission Standards Non-Compliance
METRO SERVICES: Does Not Properly Pay Workers, "Garzo" Suit Says
MI CASITA RESTAURANTS: Court Conditionally Certifies FLSA Class
MOZEO LLC: Bid for Class Certification Taken Under Advisement
MYDATT SERVICES: Faces "Rogers" Suit Over Failure to Pay Overtime
NATIONSTAR MORTGAGE: Motion for Class Certification Withdrawn
NISSAN: Recalls Maxima and Murano 2016 Models Due to Crash Risk
NISSAN: Recalls Frontier 2016 Models Due to Fire Hazard
NOVA: Recalls LFS 2010 Bus Models Due to Injury Risk
PALATINE INN: Faces "Rivera-Soto" Suit Over Failure to Pay OT
PARK WEST: Sued Over Failure to Pay Rest Break Premium Pay
RAM: Recalls Promaster 2015 Models Due to Crash Risk
RESER'S FINE: Recalls Macaroni and Potato Salad Due to Listeria
OZBURN-HESSEY: Fails to Pay Employees Overtime, Action Claims
R.J. REYNOLDS: "Lenoir" & "Mosely" Cases Go Back to Fla. State Ct.
ROHOHO INC: "Stayler" Suit Seeks to Recover Unpaid Minimum Wages
SIGNATURE MUSHROOMS: Recalls Sliced Mushrooms Due to Listeria
SILK CORP: "Acevedo" Suit Seeks to Recover Unpaid Minimum Wages
SMX LLC: Does Not Properly Pay Employees, "Valencia" Suit Claims
SONY OF CANADA: Recalls Panasonic Lithium-Ion Battery Packs
STARBUCKS CORP: "Pincus" Suit Plaintiff Seeks Class Certification
STATE FARM: Understates Damage Property Value, Action Claims
STILE PRODUCTS: Recalls Tern Folding Bicycles Due to Fall Hazard
SUMMIT FOOD: Recalls Roasted Red Pepper Strips
SUNRUN INC: Sued in California Over Misleading Financial Reports
TFS NY: "Acevedo" Suit Seeks to Recover Unpaid Minimum Wages
TILT HOUSE: Recalls Multiple Baked Goods Due to Allergens
TOYOTA: Recalls Multiple Vehicle Models Due to Noncompliance
TOYOTA: Recalls Camry and Avalon 2016 Models Due to Injury Risk
UBER TECHNOLOGIES: Sued in Tex. Over Unlawful Pricing Algorithm
UNITED STATES: Faces Suit in D.C. Over PACER Access Fee
US PARKING: Faces "Lugue" Suit Over Failure to Pay Overtime Wages
VIRGIN AMERICA: Sued in Del. Over Proposed Alaska Air Merger
*********
44TH ENTERPRISES: Faces "Dennis" Suit Over Failure to Pay OT
------------------------------------------------------------
Louisa Dennis, individually and on behalf of others similarly
situated v. 44th Enterprises Corp. d/b/a Lace II Gentlemen's Club,
Anthony Capeci, and any other related entities, Case No.
153420/2016 (N.Y. Super. Ct., April 26, 2016), is brought against
the Defendants for failure to pay overtime wages in violation of
the New York Labor Code.
The Defendant is an adult entertainment establishment located at
689 8th Avenue, New York, New York 10019.
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
A BOSA: Recalls Murcia al Vino Cheese Due to Listeria
-----------------------------------------------------
Starting date: April 6, 2016
Type of communication: Recall
Alert sub-type: Food Recall Warning
Subcategory: Microbiological - Listeria
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: A. Bosa & Co. Ltd.
Distribution: British Columbia
Extent of the product distribution: Retail
CFIA reference number: 10517
A. Bosa & Co. Ltd. is recalling Vegajardin brand Murcia al Vino
Cheese from the marketplace due to possible Listeria monocytogenes
contamination. Consumers should not consume the recalled product
described below.
Check to see if you have recalled products in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.
Food contaminated with Listeria monocytogenes may not look or
smell spoiled but can still make you sick. Symptoms can include
vomiting, nausea, persistent fever, muscle aches, severe headache
and neck stiffness. Pregnant women, the elderly and people with
weakened immune systems are particularly at risk. Although
infected pregnant women may experience only mild, flu-like
symptoms, the infection can lead to premature delivery, infection
of the newborn or even stillbirth. In severe cases of illness,
people may die.
If you suspect you have become ill from eating a recalled product,
the CFIA recommends contacting your doctor.
There have been no reported illnesses associated with the
consumption of this product.
This recall was triggered by Canadian Food Inspection Agency
(CFIA) test results. The CFIA is conducting a food safety
investigation, which may lead to the recall of other products. If
other high-risk products are recalled, the CFIA will notify the
public through updated Food Recall Warnings.
The CFIA is verifying that industry is removing recalled product
from the marketplace.
Brand Common Size Code(s) on UPC
name name ---- product ---
----- ------ ----------
Vegajardin Murcia al 250 g BATCH 2572 8 431043 120349
Vino BEST BEFORE
Cheese DATE
28/02/17
Pictures of the Recalled Products available at:
http://is.gd/Su8Iwf
ABERCROMBIE & FITCH: Has Sent Unsolicited Messages, Suit Says
-------------------------------------------------------------
Melissa A. Thomas, individually and as the representative of a
class of similarly-situated persons v. Abercrombie & Fitch Co.,
Abercrombie & Fitch Stores, Inc., and John Does 1-12, Case No.
2:16-cv-11467-JEL-MKM (E.D. Mich., April 24, 2016), seeks to stop
the Defendants' practice of sending of unsolicited text messages
to cellular/wireless/cell telephones without prior, written
consent and without providing the proper disclosures.
The Defendants own and operate a specialty retail company that
primarily operates stores and direct consumer operations, and
sells a broad array of products.
The Plaintiff is represented by:
Phillip A. Bock, Esq.
James M. Smith, Esq.
BOCK & HATCH, LEWIS & OPPENHEIM, LLC
134 N. LaSalle Street, Suite 1000
Chicago, IL 60602
Telephone: (312) 658-5500
Facsimile: (312) 658-5555
E-mail: phil@bockhatchllc.com
jim@bockhatchllc.com
- and -
Mark K. Wasvary, Esq.
MARK K. WASVARY, P.C.
2401 W. Big Beaver Rd., Ste. 100
Troy, MI 48084
Telephone: (248) 649-5667
ALLTRADE TOOLS: Recalls Ratcheting Tie Downs Due to Injury Hazard
-----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Alltrade Tools LLC, of Long Beach, Calif., announced a voluntary
recall of about 129,000 Snap-on ratcheting tie downs. Consumers
should stop using this product unless otherwise instructed. It is
illegal to resell or attempt to resell a recalled consumer
product.
The ratchet handle can fail during use, releasing the secured
load, posing an injury hazard to consumers.
This recall involves Snap-on ratcheting tie downs sold in a
package of four. The 15 foot long tie downs are straps used to
secure heavy items or oversize loads to trailers, trucks and hand
trolleys. The product's ratchet mechanism is black and the straps
are yellow with "Snap-On" printed in red across the strap. Product
number 871343S is printed on the upper right corner of the
packaging. Recalled units have at least one silver metal tab that
is flush with the openings in the black metal ratchet handle.
The firm has received one report of the ratchet handle failing,
resulting in the loss of a heavy load from the bed of a pickup
truck. No injuries have been reported.
Remedy
Pictures of the Recalled Products available at:
http://is.gd/b9URtY
The recalled products were manufactured China and sold at Sam's
Club stores nationwide from May 2015 through September 2015 for
about $20.00.
Consumers should immediately stop using the recalled tie downs and
return them to Sam's Club for a full refund.
ANASTOS MOTORS: Faces "Garcia" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Jaime Perez Garcia, individually and on behalf of other employees
similarly situated, Plaintiff v. Anastos Motors, Inc., Case No.
2:16-cv-00491-RTR (E.D. Wis., April 21, 2016), is brought against
the Defendants for failure to pay overtime wages in violation of
the Fair Labor Standards Act.
Anastos Motors, Inc. operates a used vehicle dealership at 4513
Green Bay Road, Kenosha, Wisconsin.
The Plaintiff is represented by:
Valentin T. Narvaez, Esq.
CONSUMER LAW GROUP, LLC
6232 N. Pulaski, Suite 200
Chicago, IL 60646
Telephone: (312) 878-1302
E-mail: vnarvaez@yourclg.com
APPLUS VELOSI: Faces "Erwin" Suit Over FLSA Violation
-----------------------------------------------------
DAVID ERWIN, On Behalf of Himself and All Others Similarly
Situated, Plaintiff, v. APPLUS VELOSI AMERICA, LLC,
Defendant, Case 3:16-cv-00105 (S.D. Tex., April 21, 2016), alleges
violation of the Fair Labor Standards Act.
Defendant provides vendor inspection, third party inspection,
certification, testing and manpower services for the oil and gas
industry worldwide.
The Plaintiff is represented by:
Galvin B. Kennedy, Esq.
711 W. Alabama Street
Houston, TX 77006
Phone: (713) 523-0001
Fax: (713) 523-1116
E-mail: gkennedy@kennedyhodges.com
ARM CORPORATION: "Rossman" Suit Seeks to Recover Unpaid OT Wages
----------------------------------------------------------------
Amber Rossman, individually and on behalf of all others similarly
situated v. A.R.M. Corporation d/b/a Comfort Keepers, Tina S.
Moser, and SDX Home Care Operations LLC, d/b/a Comfort Keepers,
Case No. 1:16-cv-00493-WCG (E.D. Wis., April 21, 2016), seeks to
recover unpaid overtime wages and damages pursuant to the Fair
Labor Standards Act.
The Defendants operate the Appleton and Green Bay Comfort Keepers
franchises with its principal place of business located in
Dayton, Ohio.
The Plaintiff is represented by:
Larry A. Johnson, Esq.
Summer H. Murshid, Esq.
Timothy P. Maynard, Esq.
HAWKS QUINDEL, S.C.
222 East Erie Street, Suite 210
PO Box 442 Milwaukee, WI 53201-0442
Telephone: (414) 271-8650
Facsimile: (414) 271-8442
E-mail: ljohnson@hq-law.com
smurshid@hq-law.com
tmaynard@hq-law.com
BARRY GOLDMAN: Court Allows Class Certification in "Johnson" Suit
-----------------------------------------------------------------
The Clerk of the U.S. District Court for the Northern District of
Illinois made a docket entry on April 27, 2016, in the case
captioned Joyce A Johnson v. Barry A. Goldman, Case No.
1:16-cv-04412 (N.D. Ill.), relating to a hearing held before the
Honorable Sharon Johnson Coleman.
The minute entry states that the Plaintiff's motion to enter and
continue her motion to certify class is granted, and that the
Plaintiff's motion to certify class is entered and continued
during service only to June 17, 2016, at 9:00 a.m. Status hearing
is set for June 17, 2016 at 9:00 a.m.
A copy of the Notification of Docket Entry is available at no
charge at http://d.classactionreporternewsletter.com/u?f=dzhKhUSl
BATTENDOWN INC: Doesn't Properly Pay Employees, "Munoz" Suit Says
-----------------------------------------------------------------
Delfino Munoz, as an individual and on behalf of the California
Labor Commissioner as the California Private Attorney General v.
Battendown, Inc., Garage, Bazaar Pizza Inc., Jason Batten, and
Does 1-50, inclusive, Case No. BC617880 (Cal. Super. Ct., April
21, 2016), is brought against the Defendants for failure to pay
minimum and overtime wages in violation of the California Labor
Code.
The Defendants own and operate a restaurant with a principal place
of business located at 4339 Sunset Boulevard, Silverlake,
California 90029.
The Plaintiff is represented by:
Arnold M. Jackson, Esq.
Andrea M. Fernandez, Esq.
JACKSON LAW, APC
2913 El Camino Real #342
Tustin, CA 92782
Telephone: (949) 281-6857
Facsimile: (949) 777-6218
E-mail: jeremiah@jacksonlawnc.com
BAYAN GROCERS: Recalls Chocolate Wafer Sticks Due to Soy & Egg
--------------------------------------------------------------
Starting date: April 7, 2016
Type of communication: Recall
Alert sub-type: Updated Food Recall Warning (Allergen)
Subcategory: Allergen - Egg, Allergen - Soy
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Bayan Grocers Inc., Wilby Commercial Limited, Dong
Phuong Oriental Market Ltd.
Distribution: National
Extent of the product distribution: Retail
CFIA reference number: 10511
The food recall warning issued on March 24, 2016 has been updated
to include additional product information. This additional
information was identified during the Canadian Food Inspection
Agency's (CFIA) food safety investigation.
Industry is recalling Junior Stik-O brand Chocolate Wafer Sticks
from the marketplace because they contain egg and soy which are
not declared on the label. People with an allergy to egg or soy
should not consume the recalled products described below.
Check to see if you have recalled products in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.
If you have an allergy to egg or soy, do not consume the recalled
products as they may cause a serious or life-threatening reaction.
There have been no reported reactions associated with the
consumption of these products.
This recall was triggered by the CFIA's inspection activities. The
CFIA is conducting a food safety investigation, which may lead to
the recall of other products. If other high-risk products are
recalled, the CFIA will notify the public through updated Food
Recall Warnings.
The CFIA is verifying that industry is removing recalled products
from the marketplace.
Brand Common Size Code(s) on UPC
name name ---- product ---
----- ------ ----------
Junior Chocolate 280 g All codes where 4 800166 142325
Stik-O Wafer Stick egg and soy
are not declared
on the label
Junior Chocolate 380 g All codes where 4 800166 142325
Stik-O Wafer Stick egg and soy are
not declared on
the label
Pictures of the Recalled Products available at:
http://is.gd/5Zrtb3
BEBENUK INC: Recalls Pacifier Holders Due to Choking Hazard
-----------------------------------------------------------
Starting date: April 8, 2016
Posting date: April 8, 2016
Type of communication: Consumer Product Recall
Subcategory: Children's Products, Toys
Source of recall: Health Canada
Issue: Choking Hazard
Audience: General Public
Identification number: RA-57880
This recall involves 13 styles of Heimess brand pacifier holders.
The pacifier holders have a wooden button with two ventilation
holes on a metal clip with a flat opener. Only the pacifier holder
models included in this notice and that have flat clip openers,
are involved in this recall. Angular clip openers are not affected
by the recall.
The model numbers (shape and colour) listed below are involved in
this recall.
Model Number Colour or Shape
------------ ---------------
730080 Natural
732340 Baby rose
734080 Rainbow
733880 Pink
733900 Blue
732360 Purple
734730 Green
732230 Spots
734610 Fish
762620 Train
763510 Cars
763830 Bear
735070 Amber
The wooden button may detach from the metal safety clip and
present a choking hazard for young children.
Health Canada has not received any reports of consumer incidents
or injuries to Canadians related to the use of these products.
Bebenuk Inc. has received six reports of the button detaching.
For some tips to help consumers choose safe toys and to help them
keep children safe when they play with toys, see the General Toy
Safety Tips.
Approximately 650 pacifier holders were sold in Canada in
specialty stores for children.
The recalled products were sold from February 2015 to March 2016.
Manufactured in Germany.
Importer: Bebenuk, Inc.
Lachine
Quebec
CANADA
Manufacturer: Gollnest & Kiesel
Guester
GERMANY
Consumers should immediately take the recalled pacifier holders
away from children and contact their retailer and/or Bebenuk, Inc.
for an exchange.
For more information, consumers may contact Bebenuk Inc. by
telephone at 514-639-8367, from 8:30 a.m. to 4:30 p.m. (ET),
Monday to Friday, or by email.
Please note that the Canada Consumer Product Safety Act prohibits
recalled products from being redistributed, sold or even given
away in Canada.
Health Canada would like to remind Canadians to report any health
or safety incidents related to the use of this product or any
other consumer product or cosmetic by filling out the Consumer
Product Incident Report Form.
This recall is also posted on the OECD Global Portal on Product
Recalls website. You can visit this site for more information on
other international consumer product recalls.
Pictures of the Recalled Products available at:
http://is.gd/QLbJNU
BECKMAN COULTER: Recalls Immunochemistry System Assays
------------------------------------------------------
Starting date: April 11, 2016
Posting date: April 19, 2016
Type of communication: Medical Device Recall
Subcategory: Medical Device
Hazard classification: Type I
Source of recall: Health Canada
Issue: Medical Devices
Audience: General Public, Healthcare Professionals, Hospitals
Identification number: RA-57972
Beckman Coulter has identified that there is a possibility that
drug interferences from administration of metamizole (dipyrone) to
patients may generate false low results with the assays which are
the subject of this recall. The issue was discovered on 23rd Feb
2016 internally by Beckman Coulter.
Affected products:
A. Cholesterol OSR6x16
Lot or serial number: All lots.
Model or catalog number: OSR6116
OSR6216
OSR6516
OSR6616
Manufacturer: Beckman Coulter, Inc.
250 S. Kraemer Blvd.
Brea
92821
California
UNITED STATES
B. Cholesterol OSR6x16
Lot or serial number: All lots.
Model or catalog number: OSR6116
OSR6216
OSR6516
OSR6616
Manufacturer: Beckman Coulter, Inc.
250 S. Kraemer Blvd.
Brea
92821
California
UNITED STATES
C. Lactate OSR6x93
Lot or serial number: All lots.
Model or catalog number: OSR6193
Manufacturer: Beckman Coulter, Inc.
250 S. Kraemer Blvd.
Brea
92821
California
UNITED STATES
D. Lactate OSR6x93
Lot or serial number: All lots.
Model or catalog number: OSR6193
Manufacturer: Beckman Coulter, Inc.
250 S. Kraemer Blvd.
Brea
92821
California
UNITED STATES
E. Triglyceride OSR6x118
Lot or serial number: All lots.
Model or catalog number OSR60118
OSR61118
OSR66118
Manufacturer: Beckman Coulter, Inc.
250 S. Kraemer Blvd.
Brea
92821
California
UNITED STATES
F. Uric Acid OSR6x98
Lot or serial number: All lots.
Model or catalog number: OSR6098
OSR6198
OSR6298
Manufacturer: Beckman Coulter, Inc.
250 S. Kraemer Blvd.
Brea
92821
California
UNITED STATES
G. Triglyceride OSR6x118
Lot or serial number: All lots.
Model or catalog number: OSR60118
OSR61118
OSR66118
Manufacturer: Beckman Coulter, Inc.
250 S. Kraemer Blvd.
Brea
92821
California
UNITED STATES
H. Uric Acid OSR6x98
Lot or serial number: All lots.
Model or catalog number: OSR6098
OSR6198
OSR6298
Manufacturer: Beckman Coulter, Inc.
250 S. Kraemer Blvd.
Brea
92821
California
UNITED STATES
I. Cholesterol OSR6x16
Lot or serial number: All lots.
Model or catalog number: OSR6116
OSR6216
OSR6516
OSR6616
Manufacturer: Beckman Coulter, Inc.
250 S. Kraemer Blvd.
Brea
92821
California
UNITED STATES
J. Lipase OSR6x30
Lot or serial number: All lots.
Model or catalog number: OSR6130
OSR6230
Manufacturer: Beckman Coulter, Inc.
250 S. Kraemer Blvd.
Brea
92821
California
UNITED STATES
K. Lactate OSR6x93
Lot or serial number: All lots.
Model or catalog number: OSR6193
Manufacturer: Beckman Coulter, Inc.
250 S. Kraemer Blvd.
Brea
92821
California
UNITED STATES
L. Triglyceride OSR6x118
Lot or serial number: All lots.
Model or catalog number: OSR60118
OSR61118
OSR66118
Manufacturer: Beckman Coulter, Inc.
250 S. Kraemer Blvd.
Brea
92821
California
UNITED STATES
M. Uric Acid OSR6x98
Lot or serial number:All lots.
Model or catalog number: OSR6098
OSR6198
OSR6298
Manufacturer: Beckman Coulter, Inc.
250 S. Kraemer Blvd.
Brea
92821
California
UNITED STATES
N. Lipase OSR6x30
Lot or serial number: All lots.
Model or catalog number: OSR6130
OSR6230
Manufacturer: Beckman Coulter, Inc.
250 S. Kraemer Blvd.
Brea
92821
California
UNITED STATES
O. Lipase OSR6x30
Lot or serial number: All lots.
Model or catalog number: OSR6130
OSR6230
Manufacturer: Beckman Coulter, Inc.
250 S. Kraemer Blvd.
Brea
92821
California
UNITED STATES
P. Enzymatic Creatinine OSR6x204
Lot or serial number: All lots.
Model or catalog number: OSR61204
Manufacturer: Beckman Coulter, Inc.
250 S. Kraemer Blvd.
Brea
92821
California
UNITED STATES
BLACK DIAMOND: Recalls Black Diamond Brand Carabiners
-----------------------------------------------------
Starting date: April 1, 2016
Posting date: April 1, 2016
Type of communication: Consumer Product Recall
Subcategory: Sports/Fitness
Source of recall: Health Canada
Issue: Fall Hazard
Audience: General Public
Identification number: RA-57728
This recall involves the following Black Diamond Brand Carabiners.
MINI PEARABINER SCREWGATE
OVAL CARABINER
OVALWIRE CARABINER
LIGHT D CARABINER
HOTWIRE CARABINER
OZ CARABINER
HOODWIRE CARABINER
POSITRON STRAIGHT CARABINER
POSITRON BENT CARABINER
NITRON STRAIGHT CARABINER
NITRON BENT CARABINER
NEUTRINO CARABINER
POSITRON STRAIGHT CARABINER
POSITRON SCREWGATE CARABINER
NITRON SCREWGATE CARABINER
ROCKLOCK SCREWGATE CARABINER
VAPORLOCK SCREWGATE CARABINER
POSITRON SCREWGATE CARABINER
NITRON SCREWGATE CARABINER
Many of the affected carabiners are also sold in packages or
assembled with other items.
Black Diamond carabiners are marked during manufacture with a date
code that is permanently imprinted into the spine area of the
carabiner body. For the styles of carabiner listed above,
carabiners marked with a date code from 4350 to 6018 are affected
by the recall. The meaning of the date code is as follows:
A date code of 5234 means the item was manufactured on the 234th
day of 2015.
Black Diamond Carabiners that are within the scope of the recall
may have:
Unformed rivet heads
Unformed wire gate ends
Improperly assembled locking gate sleeve
For a more complete description of these defects refer to the
Black Diamond press release -- CARABINER/QUICKDRAW SAFETY RECALL
NOTICE -- The notice will be online.
Carabiners that have passed re-inspection either by Black Diamond
personnel, retail store personnel or by the user are OK to use.
Re-inspection by Black Diamond personnel will be noted by the
addition of a green dot on the product packaging.
The gate assembly on affected carabiners may not function
correctly, resulting in the carabiner having lower than expected
strength. An improperly functioning gate could also allow the rope
to become detached from the carabiner resulting in a potentially
serious or fatal fall.
Approximately 81,000 units were distributed in Canada.
Approximately 1,160,000 units were sold in the United States. No
reports of injury have been received in Canada or in the United
States.
December 12, 2015 to present.
Manufactured in United States.
Importer: Black Diamond Equipment, Ltd.
Salt Lake City
Utah
UNITED STATES
Consumers should immediately stop using the product and contact
Black Diamond at 1-800-775-5552 or visit firm's website for
further direction on having product inspected by Black Diamond for
this hazard, or for further directions regarding inspection by
place-of-purchase personnel or self-inspection. Consumers can also
email the firm. Black Diamond will replace any improperly
manufactured units.
Consumers may view the release by the US CPSC on the Commission's
website.
Please note that the Canada Consumer Product Safety Act prohibits
recalled products from being redistributed, sold or even given
away in Canada.
Health Canada would like to remind Canadians to report any health
or safety incidents related to the use of this product or any
other consumer product or cosmetic by filling out the Consumer
Product Incident Report Form.
This recall is also posted on the OECD Global Portal on Product
Recalls website. You can visit this site for more information on
other international consumer product recalls.
Pictures of the Recalled Products available at:
http://is.gd/CXQZY6
BRENNTAG PACIFIC: Faces "Salazar" Suit Over Failure to Pay OT
-------------------------------------------------------------
Vincent Salazar, individually and on behalf of all others
similarly situated v. Brenntag Pacific, Inc. and Does 1-100
inclusive, Case No. BC617041 (Cal. Super. Ct., April 23, 2016), is
brought against the Defendants for failure to pay overtime wages
in violation of the California Labor Code.
Brenntag Pacific, Inc. is in the business of distributing
chemicals and other freight throughout California and the United
States.
The Plaintiff is represented by:
Michael Malik, Esq.
MICHAEL MALIK
1180 South Beverly Drive., Suite 302
Los Angeles, CA 90035
Telephone: (310) 203-0016
Facsimile: (310) 499-5210
E-mail: mm@maliklawfirm.com
BUMBO INT'L: Court Takes Class Certification Bid Under Advisement
-----------------------------------------------------------------
The Clerk of the U.S. District Court for the Northern District of
Illinois made a docket entry on April 27, 2016, in the case styled
Elizabeth Clark v. Bumbo International Trust, et al., Case No.
1:15-cv-02725 (N.D. Ill.), relating to a hearing held before the
Honorable Jorge L. Alonso.
The minute entry states that the Plaintiff's motion to certify
class is taken under advisement. The minute entry also states
that the Court will rule electronically and set further dates in
the ruling, and that the Plaintiff's motion to seal document is
granted.
A copy of the Notification of Docket Entry is available at no
charge at http://d.classactionreporternewsletter.com/u?f=ogIm85ps
CANADA NEW: Recalls Fish Products Due to Egg
--------------------------------------------
Starting date: April 1, 2016
Type of communication: Recall
Alert sub-type: Updated Food Recall Warning (Allergen)
Subcategory: Allergen - Egg
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Canada New Global Trend Group Ltd.
Distribution: Ontario
Extent of the product distribution: Retail
CFIA reference number: 10505
The food recall warning issued on March 18, 2016 has been updated
to include additional product information. This additional
information was identified during the Canadian Food Inspection
Agency's (CFIA) food safety investigation.
Canada New Global Trend Group Ltd. is recalling certain Natural
Farm brand fish products from the marketplace because they may
contain egg which is not declared on the label. People with an
allergy to egg should not consume and retailers, hotels,
restaurants and institutions should not sell, serve or use the
recalled products described below.
Check to see if you have recalled products in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.
If you have an allergy to egg, do not consume the recalled
products as they may cause a serious or life-threatening reaction.
There have been no reported reactions associated with the
consumption of these products.
This recall was triggered by CFIA test results. The CFIA is
conducting a food safety investigation, which may lead to the
recall of other products. If other high-risk products are
recalled, the CFIA will notify the public through updated Food
Recall Warnings.
The CFIA is verifying that industry is removing recalled product
from the marketplace.
Brand Common Size Code(s) on UPC
name name ---- product ---
----- ------ ----------
Natural Fried Fish 300 g All codes where 6 957489 000127
Farm Balls egg is not
declared on the
label
Natural Cuttlefish 300 g All codes where 6 957489 000134
Farm Balls egg is not
declared on the
label
Natural Fish Balls 300 g All codes where 6 957489 000158
Farm egg is not
declared on the
label
Natural Fried Fish 10 kg All codes where None
Farm Balls (4x egg is not
2.5 kg) declared on the
label
Natural Fish Balls 300 g All codes where 6 925383 600040
Farm with egg is not
Mushroom declared on the
label
Natural Imitation 300 g All codes where 6 925383 600057
Farm Lobster egg is not
Fish Balls declared on the
label
Natural Fish Cubes 300 g All codes where 6 957489 000141
Farm egg is not
declared on the
label
Natural Dace Fish 200 g All codes where 6 957489 000011
Farm Cakes egg is not
declared on the
label
Natural Fish Balls 13.6 kg All codes where None
Farm egg is not
declared on the
label
Natural Cuttlefish 15 kg All codes where None
Farm Balls (6x2.5 egg is not
kg) declared on the
label
Natural Fish Balls 15 kg All codes where None
Farm with (6x2.5 egg is not
Mushroom kg) declared on the
label
Natural Fish Cubes 10 kg All codes where None
Farm (4x2.5 egg is not
kg) declared on the
label
Natural Imitation 15 kg All codes where None
Farm Lobster (6x2.5 egg is not
Fish Balls kg) declared on the
label
Pictures of the Recalled Products available at:
http://is.gd/Gkl3p4
CARRIER CORPORATION: Recalls Air Conditioners and Heat Pumps
------------------------------------------------------------
Starting date: April 5, 2016
Posting date: April 5, 2016
Type of communication: Consumer Product Recall
Subcategory: Tools and Electrical Products
Source of recall: Health Canada
Issue: Fire Hazard
Audience: General Public
Identification number: RA-57794
This recall involves Packaged Terminal Air Conditioners (PTAC) and
Packaged Terminal Heat Pumps (PTHP) sold under the Bryant, Carrier
and Fast brand names. Recalled units include those with original
power cords and those that received a supplemental power cord as
part of a 2007 recall. The recalled units have capacities of
7,000; 9,000; 12,000 and 15,000 BTUs and plug into 208/230 volt,
20 amp outlets.
The following products are being recalled:
Brand Name Model Number
---------- ------------
Carrier 52CE, 52CQ, 52PE, 52PQ
Bryant 840, 841
Fast 840, 841
Model and serial numbers are located on the ratings/data plate on
the right front of the unit, underneath the removable front panel.
A complete list of the serial numbers involved in this recall is
available by calling Carrier or at www.carrier.com.
The power cord plug can overheat, posing a fire hazard to
consumers.
Neither Health Canada nor Carrier has received any reports of
incidents or injuries related to the use of these products in
Canada.
In the United States, Carrier has received reports of
approximately 47 incidents of overheating. Two of the reported
incidents involved hotel fires. One of the reported fires involved
a consumer suffering burns and smoke inhalation. The other
incidents involved scorched or melted cord heads or wall outlets
with no injuries reported.
Approximately 9,444 units were sold in Canada.
The recalled units were sold in Canada from 2002 to 2009.
Manufactured in Mexico.
Manufacturer: Carrier Corporation
Farmington
Connecticut
UNITED STATES
Consumers should stop using and unplug the recalled units, and
contact Carrier to receive a free replacement cord.
For more information, consumers can contact Carrier by telephone
at 1-800-761-8492 from 8 a.m. to 6 p.m. ET Monday through Friday,
or online and click on Important Product Safety Recall for more
information.
These products were previous recalled by the Electrical Safety
Authority of Ontario in 2007 and consumers can view that recall on
the ESA website.
Please note that the Canada Consumer Product Safety Act prohibits
recalled products from being redistributed, sold or even given
away in Canada.
Health Canada would like to remind Canadians to report any health
or safety incidents related to the use of this product or any
other consumer product or cosmetic by filling out the Consumer
Product Incident Report Form.
This recall is also posted on the OECD Global Portal on Product
Recalls website. You can visit this site for more information on
other international consumer product recalls.
Pictures of the Recalled Products available at:
http://is.gd/JvQQg7
CENTRAL REFRIGERATED: R. Anderson Moves for Class Certification
---------------------------------------------------------------
The Plaintiff in the lawsuit styled ROBIN ANDERSON v. CENTRAL
REFRIGERATED SERVICE, LLC, FORMERLY KNOWN AS CENTRAL REFRIGERATED
SERVICE, INC., SWIFT TRANSPORTATION COMPANY, and WORKWELL SYSTEMS,
INC; and DOES 1 through 100 inclusive, Case No. EDCV 14-02062-VAP
(SPx) (C.D. Cal.), notified the Court that on June 27, 2016, at
1:30 p.m., he will move for an order, certifying the following
classes and subclasses:
Gender Discrimination Class. All females who applied for a
driver position with Consolidated Refrigerated Service
("CRS") between April 8, 2012, and the present, who were
rejected for employment for failing to pass the "Work Well"
physical strength test, or who were deterred from continuing
with the pre-work screening process due to the requirement
to pass the test as a prerequisite for employment. The
proposed Gender Discrimination Class seeks certification
pursuant to Rule 23 for purposes of pursuing claims for
violation of Title VII.
California Gender Discrimination Sub-Class. All female
residents of California who applied for a driver position
with CRS between October 6, 2010, and the present, who were
rejected for employment for failing to pass the "Work Well"
physical strength test, or who were deterred from continuing
with the pre-work screening process due to the requirement
to pass the test as a prerequisite for employment. In
addition to the Title VII claims of the Gender
Discrimination Class, the proposed California Gender
Sub-Class seeks certification pursuant to Rule 23 for
purposes of pursuing claims for violation of California
state law, including the California Fair Employment and
Housing Act ("FEHA"), and the Unfair Competition Law
("UCL").
California Age Discrimination Class. All residents of
California who applied for a driver position with CRS
between October 06, 2010 and the present who were over 40
years old and were rejected for employment for failing to
pass the "Work Well" physical strength test, or who were
deterred from completing the pre-work screening process due
to the requirement that they pass the test as a prerequisite
for employment. The proposed California Age Discrimination
Class seeks certification pursuant to Rule 23 for purposes
of pursuing claims for violation of California state law,
including the California Fair Employment and Housing Act
("FEHA"), and the UCL.
ADEA Age Discrimination Class. All individuals who applied
for a driver position with CRS between April 8, 2010, and
the present, who were over 40-years old at the time and were
rejected for employment for failing to pass the "Work Well"
physical strength test, or who were deterred from completing
the pre-work screening process due to the requirement that
they pass the test as a prerequisite for employment. The
proposed Age Discrimination Class seeks conditional
certification and issuance of court-assisted notice pursuant
to the "opt-in" procedure of 29 U.S.C. Section 626(b) for
purposes of pursuing claims for violation of the federal Age
Discrimination in Employment Act ("ADEA").
In the alternative, Plaintiff requests that the Court certify a
class on particular issues warranting class treatment pursuant to
Rule 23(c)(4)(A).
A copy of the filing is available at no charge at
http://d.classactionreporternewsletter.com/u?f=8dtzJuTA
The Plaintiff is represented by:
Brian Van Vleck, Esq.
Daniel Turner, Esq.
Jennifer S. Grock, Esq.
VAN VLECK TURNER & ZALLER LLP
6310 San Vicente Boulevard, Suite 430
Los Angeles, CA 90048
Telephone: (323) 592-3505
Facsimile: (323) 592-3506
E-mail: bvanvleck@vtzlaw.com
dturner@vtzlaw.com
JGrock@vtzlaw.com
COMCAST CABLE: Faces "Blanks" Suit Over Illegal Termination
-----------------------------------------------------------
Cherese Blanks v. Comcast Cable, Jonathan Beer, Sean Pastick and
John Does 1-5 and 6-10, Case No. L-001539-16 (N.Y., Super. Ct.,
April 25, 2016), arises out of the Defendants' unlawful practice
of terminating the Plaintiff for disclosing and objecting to
conduct.
The Defendants own and operate a mass media company at 401 White
Horse Road, Voorhees, New Jersey.
The Plaintiff is represented by:
Kevin M. Costello, Esq.
COSTELLO & MAINS, LLC
18000 Horizon Way, Ste. 800
Mt. Laurel, NJ 08054
Telephone: (856) 727-9700
DATASCOPE CORP: Recalls Cardiosave Intra-Aortic Balloon Pump
------------------------------------------------------------
Starting date: April 5, 2016
Posting date: April 22, 2016
Type of communication: Medical Device Recall
Subcategory: Medical Device
Hazard classification: Type II
Source of recall: Health Canada
Issue: Medical Devices
Audience: General Public, Healthcare Professionals, Hospitals
Identification number: RA-58024
Maquet continually monitors the performance of the CARDIOSAVE
IABPs and has discovered four issues that could affect the
CARDIOSAVE IABP performance and may cause the CARDIOSAVE IABP to
not meet performance specifications. The scroll compressor may not
meet the performance specifications for output pressure or vacuum
at specific flow rates. Due to an unintended increased size in the
HIS/CIS connectivity packet, the interface may reject the packet
due to increased packet size and the HIS/CIS may not be able to
provide external data communications of electronic medical records
as intended. The CARDIOSAVE IABP may have intermittent
connectivity issues causing display blanking followed by a "system
failure" audible alarm and shut down. During operation, the
CARDIOSAVE IABP may shutdown due to a short on the video generator
board. Intermittent connection with the CARDIOSAVE Pneumatic
Module connector may result in IABP startup failure and/or IABP
shutdown.
Affected products:
A. CARDIOSAVE SYSTEM - HYBRID & RESCUE INTRA-AORTIC BALLOON PUMP
Lot or serial number: More than 10 numbers, contact manufacturer.
Model or catalog number: 0998-00-0800-53
Manufacturer: Datascope Corp.
1300 Macarthur Blvd.
Mahwah
07430
New Jersey
UNITED STATES
DELTA AIR: Faces "Lopez" Suit in Cal. Over Age Discrimination
-------------------------------------------------------------
Reynaldo Lopez, Eunice Delgadillo, Umberto Mendoza, and Aveia
Tautolo, on behalf of themselves and on behalf of all others
similarly situated v. Delta Air Lines, Inc. and Does 1 through 50,
inclusive, Case No. BC618113 (Cal. Super. Ct., April 23, 2016),
arises out of the Defendants' employment practices of age
discrimination and failure to take steps necessary to prevent age
discrimination.
Delta Air Lines, Inc. operates an airline company and maintains
offices and facilities, and conducts business in the County of Los
Angeles, State of California.
The Plaintiff is represented by:
Matthew J. Matern, Esq.
Matthew W. Gordon, Esq.
Dalia R. Khalili, Esq.
Serena M. Patel, Esq.
MATERN LAW GROUP
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
Telephone: (310) 531-1900
Facsimile: (310) 531-1901
E-mail: info@maternlawgroup.com
DICK'S SPORTING: Has Sent Unsolicited Text Messages, Suit Claims
----------------------------------------------------------------
Tzvee Rotberg, individually, and on behalf of all others similarly
situated v. Dick's Sporting Goods, Inc., Case No. 1:16-cv-02957
(S.D.N.Y., April 21, 2016), seeks to stop the Defendant's practice
of sending unsolicited marketing text messages to the Plaintiff's
cellular phone.
Dick's Sporting Goods, Inc. operates a sporting goods and retail
company with principal place of business in Coraopolis,
Pennsylvania.
The Plaintiff is represented by:
Domenic Romano, Esq.
ROMANO LAW PLLC
55 Broad Street, 18th Fl.
New York, NY 10004
Telephone: (212) 865-9848
Facsimile: (646) 661-4599
E-mail: Domenic@romanolaw.com
DODGE: Recalls 2007 Models Due to Defective Airbag
--------------------------------------------------
Starting date: April 13, 2016
Type of communication: Recall
Subcategory: Light Truck & Van
Notification type: Safety
Mfr System: Airbag
Units affected: 5250
Source of recall: Transport Canada
Identification number: 2016161TC
ID number: 2016161
Manufacturer recall number: S14
On certain vehicles, the driver frontal airbag inflator could
produce excessive internal pressure during airbag deployment.
Increased pressure may cause the inflator to rupture, which could
allow fragments to be propelled toward vehicle occupants,
increasing the risk of injury. This could also damage the airbag
module, which could prevent proper deployment. Failure of the
airbag to fully deploy during a crash (where deployment is
warranted) could increase the risk of personal injury to the seat
occupant. Correction: Dealers will replace the front driver air
bag module.
Make Model Model year(s) affected
---- ----- ----------------------
DODGE 2007
FOREST RIVER: Recalls Georgetown 2016 Models Due to Injury Risk
---------------------------------------------------------------
Starting date: April 11, 2016
Type of communication: Recall
Subcategory: Motorhome
Notification type: Safety
Mfr System: Structure
Units affected: 2
Source of recall: Transport Canada
Identification number: 2016154TC
ID number: 2016154
Certain motorhomes may not have been manufactured with an egress
window on the rear wall of the vehicle. A lack of emergency exits
could increase the risk of injury under certain circumstances.
Correction: Dealers will install an egress window at the rear wall
of the vehicle.
Make Model Model year(s) affected
---- ----- ----------------------
FOREST RIVER GEORGETOWN 2016
FRESHPET INC: Faces "Curran" Securities Suit in N.J. Court
----------------------------------------------------------
GARY CURRAN, Individually and on Behalf of All Others Similarly
Situated, Plaintiff, vs. FRESHPET, INC., RICHARD THOMPSON,
RICHARD KASSAR, SCOTT MORRIS and CHARLES A. NORRIS, Defendants,
Case 2:16-cv-02263-MCA-LDW (D.N.J., April 21, 2016), was filed on
behalf of all purchasers of Freshpet common stock between April 1,
2015 and November 11, 2015, inclusive, seeking to pursue remedies
under the Securities Exchange Act.
FRESHPET, INC. manufactures and markets natural fresh foods,
refrigerated meals, and treats for dogs and cats in the United
States and Canada.
The Plaintiff is represented by:
Samuel H. Rudman, Esq.
Mario Alba Jr., Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
58 South Service Road, Suite 200
Melville, NY 11747
Phone: (631) 367-7100
- and -
Frank J. Johnson, Esq.
JOHNSON & WEAVER, LLP
600 West Broadway, Suite 1540
San Diego, CA 92101
Phone: (619) 230-0063
- and -
Michael I. Fistel, Jr., Esq.
JOHNSON & WEAVER, LLP
40 Powder Springs Street
Marietta, GA 30064
Phone: (770) 200-3104
GENERAL MOTORS: Recalls Sierra and Silverado 2014 Models
--------------------------------------------------------
Starting date: April 11, 2016
Type of communication: Recall
Subcategory: Light Truck & Van
Notification type: Safety
Mfr System: Seats And Restraints
Units affected: 108604
Source of recall: Transport Canada
Identification number: 2016153TC
ID number: 2016153
Manufacturer recall number: 15822
On certain Sierra 1500 and Silverado 1500 vehicles, the flexible
steel cable that connects the driver's seat belt to the vehicle
structure at the front outboard seating position can fatigue over
time and could separate, increasing the risk of injury in a crash.
Correction: Dealers will enlarge the side shield opening, install
a pusher bracket on the tensioner, and if necessary, replace the
tensioner assembly.
Make Model Model year(s) affected
---- ----- ----------------------
GMC SIERRA 2014
CHEVROLET SILVERADO 2014
GG CLOSED-CIRCUIT: 2nd Amended Class Counterclaim Denied as Moot
----------------------------------------------------------------
The Clerk of the U.S. District Court for the Northern District of
Illinois made a docket entry on April 27, 2016, in the case
entitled GG Closed-Circuit Events, LLC v. Jaime F. Castillo, et
al., Case No. 1:14-cv-02073 (N.D. Ill.), relating to a hearing
held before the Honorable Joan B. Gottschall.
The minute entry states that:
-- the Defendants/Third-Party Plaintiffs' oral motion to file
a third amended counterclaim is granted;
-- the Third-Party Plaintiffs shall file their third amended
counterclaim by May 11, 2016;
-- the Third-Party Defendants shall answer or otherwise plead
by June 1, 2016;
-- the Plaintiff's motion to dismiss the Defendants' second
amended class action counterclaim is denied as moot in
light of the anticipated filing of the third amended
counterclaim;
-- the Counter-Plaintiffs'/Third-Party-Plaintiffs' motion to
modify briefing schedule is granted in part and denied in
part;
-- the Counter-Plaintiffs'/Third-Party-Plaintiffs' motion for
class certification is entered and continued to June 29,
2016;
-- the existing reply date of May 1, 2016, is stricken; and
-- a status hearing is set for June 29, 2016, at 9:30 a.m.
A copy of the Notification of Docket Entry is available at no
charge at http://d.classactionreporternewsletter.com/u?f=LQjG3g4h
HARDYWARES PRESERVES: Recalls Mustard Relish Due to Botulinum
-------------------------------------------------------------
Starting date: April 13, 2016
Type of communication: Recall
Alert sub-type: Food Recall Warning
Subcategory: Microbiological - Clostridium botulinum
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Hardy Wares Preserves
Distribution: Nova Scotia
Extent of the product distribution: Retail
CFIA reference number: 10527
HardyWares Preserves is recalling HardyWares brand Mustard Relish
from the marketplace because it may permit the growth of
Clostridium botulinum. Consumers should not consume the recalled
product described below.
Check to see if you have recalled products in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.
Food contaminated with Clostridium botulinum toxin may not look or
smell spoiled but can still make you sick. Symptoms can include
nausea, vomiting, fatigue, dizziness, blurred or double vision,
dry mouth, respiratory failure and paralysis. In severe cases of
illness, people may die.
If you suspect you have become ill from eating a recalled product,
the CFIA recommends contacting your doctor.
There have been no reported illnesses associated with the
consumption of this product.
This recall was triggered by test results. The Canadian Food
Inspection Agency (CFIA) is conducting a food safety
investigation, which may lead to the recall of other products. If
other high-risk products are recalled, the CFIA will notify the
public through updated Food Recall Warnings.
The CFIA is verifying that industry is removing recalled product
from the marketplace.
Brand Common Size Code(s) on UPC
name name ---- product ---
----- ------ ----------
HardyWares Mustard 250 mL Packaged on: None
Relish Dec 3, 2015
Pictures of the Recalled Products available at:
http://is.gd/HRSMw5
HOLDING HANDS: Does Not Properly Pay Employees, Action Claims
-------------------------------------------------------------
Victor Sibrianan v. Holding Hands, Inc. and Does 1-20, inclusive,
Case No. BC617961 (Cal. Super. Ct., April 21, 2016), is brought
against the Defendants for failure to pay overtime and minimum
wage compensation in violation of the California Labor Code.
Holding Hands, Inc. is engaged in the business of providing
therapy, treatment and services to individuals with developmental,
neurological and biological diagnoses.
The Plaintiff is represented by:
Vincent D. Howard, Esq.
HOWARD LAW PC
2099 S. State College Blvd., Suite 600
Anaheim, CA 92806
Telephone: (800) 872-5925
Facsimile: (888) 533-7310
E-mail: vhoward@howardlawpc.com
HONDA: Recalls Off-Road Vehicles 2016 Models Due to Injury Risk
---------------------------------------------------------------
Starting date: April 5, 2016
Type of communication: Recall
Subcategory: A.T.V.
Notification type: Safety
Mfr System: Structure
Units affected: 10
Source of recall: Transport Canada
Identification number: 2016145TC
ID number: 2016145
On certain side-by-side off-road vehicles, the front door striker
plates may have insufficient weld penetration which may cause the
weld(s) to fail. If the weld were to fail, the striker plate could
become loose, which may result in a door opening while driving,
which would increase the risk for injury to vehicle occupants, or
result in damage to property. Correction: Dealers will replace the
door strikers.
Make Model Model year(s) affected
---- ----- ----------------------
HONDA 2016
HOT PIZZAS: Faces Texas Lawsuit Seeking Overtime Pay Under FLSA
-------------------------------------------------------------
WILLIAM ARMES, individually and on behalf of similarly situated
persons, Plaintiff, v. HOT PIZZAS, LLC, Case 2:16-cv-01152-DJH (D.
Ariz., April 21, 2016), seeks to recover unpaid minimum wages
under the Fair Labor Standards Act and the Arizona Employment
Practices and Working Conditions law.
Hot Pizzas, LLC has operated approximately 58 Pizza Hut franchise
stores in Arizona.
The Plaintiff is represented by:
Jack D. McInnes, Esq.
PAUL McINNES LLP
601 Walnut Street, Suite 300
Kansas City, MO 64106
Phone: (816) 984-8100
Fax: (816) 984-8101
E-mail: mcinnes@paulmcinnes.com
- and -
Ryan Thompson, Esq.
WATTS GUERRA LLP
525 South Douglas Street, Suite 260
El Segundo, CA 90245
Phone: (424) 220-8141
Fax: (424) 732-8190
E-mail: rthompson@wattsguerra.com
- and -
WEINHAUS & POTASHNICK
Mark A. Potashnick, Esq.
11500 Olive Blvd., Suite 133
St. Louis, MO 63141
Phone: (314) 997-9150
Fax: (314) 997-9170
E-mail: markp@wp-attorneys.com
IKEA CANADA: Recalls Lattjo Bat Cape Due to Strangulation Risk
--------------------------------------------------------------
Starting date: April 6, 2016
Posting date: April 6, 2016
Type of communication: Consumer Product Recall
Subcategory: Clothing and Accessories, Toys
Source of recall: Health Canada
Issue: Strangulation Hazard
Audience: General Public
Identification number: RA-57812
This recall involves the IKEA LATTJO Bat Cape. The cape is black,
100% polyester and has a fastener at the neck. The article number
is 603.116.50. Its dimensions are 75 cm (length) x 146 cm
(width).
The LATTJO Bat Cape fastener may not detach readily during use
posing a strangulation and injury hazard to children.
Health Canada has not received any reports of consumer incidents
or injuries to Canadians related to the use of these products.
IKEA Sweden has received three reports (Sweden and Canada) of the
LATTJO Bat Cape fastener not releasing, resulting in minor
injuries to the user.
Approximately 749 LATTJO Bat Capes have been sold at IKEA stores
across Canada and online at www.ikea.ca.
Approximately 4,580 units LATTJO Bat Capes have been sold at IKEA
stores across the United States and online at www.ikea.com.
The LATTJO Bat Capes were sold in Canada and the United States
from November 2015 to February 2016.
Manufactured in China.
Manufacturer: IKEA Canada Limited Partnership
Burlington
Ontario
CANADA
Consumers should immediately stop using the LATTJO Bat Cape and
return it to an IKEA store for a full refund.
For more information, consumers may contact IKEA Canada at 1-800-
661-9807 or visit IKEA's website for the IKEA Canada release.
Please note that the Canada Consumer Product Safety Act prohibits
recalled products from being redistributed, sold or even given
away in Canada.
Health Canada would like to remind Canadians to report any health
or safety incidents related to the use of this product or any
other consumer product or cosmetic by filling out the Consumer
Product Incident Report Form.
This recall is also posted on the OECD Global Portal on Product
Recalls website. You can visit this site for more information on
other international consumer product recalls.
Pictures of the Recalled Products available at:
http://is.gd/dWL8d5
JAYCO: Recalls Octane Travel Trailer 2016 Models
------------------------------------------------
Starting date: April 5, 2016
Type of communication: Recall
Subcategory: Travel Trailer
Notification type: Safety
Mfr System: Lights And Instruments
Units affected: 5
Source of recall: Transport Canada
Identification number: 2016146TC
ID number: 2016146
On certain travel trailers, the turn signal wires may have been
inverted during the time of assembly. This could result in the
turn signal on the left side of the trailer to illuminate while
signaling right, and vice versa. This could cause confusion for
other users of the road which would increase the risk of a crash
causing injury and/or damage to property. Correction: Dealers will
correct the wiring for the turn signals.
Make Model Model year(s) affected
---- ----- ----------------------
JAYCO OCTANE TRAVEL TRAILER 2016
JEFFERSON CAPITAL: Court OKs Arbitration, Junks "Gorchoff" Suit
---------------------------------------------------------------
The Hon. Dean D. Pregerson entered an order denying the
Plaintiffs' ex parte application and granting the Defendant's
unopposed motion to compel arbitration in the class action lawsuit
titled KARLA GORCHOFF, individually and on behalf of all others
similarly situated, and LOUIS GORCHOFF, individually and on behalf
of all others similarly situated v. JEFFERSON CAPITAL SYSTEMS,
LLC, Case No. CV 15-09164 DDP (AGRx) (C.D. Cal.).
The Plaintiffs filed an "Ex Parte Application to Continue Hearing
from May 9, 2016, to Completion of Limited Discovery re: Motion to
Compel Arbitration."
Judge Pregerson opined that the Plaintiffs failed to file an
opposition to the Motion to Compel Arbitration. Judge Pregerson
added that the Plaintiffs have not provided the Court with any
explanation as to why they did not file a timely opposition to
Motion to Compel Arbitration.
Therefore, after considering all the factors and the papers
submitted by the parties, the Court dismissed the case with
prejudice, and ruled that all pending motions in the case are now
vacated.
A copy of Judge Pregerson's order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=SvFQrVE9
JENNY CRAIG: Appeal in Non-Managerial Employees' Suit Rejected
--------------------------------------------------------------
The case is, TAMMY WEINSTEIN, ET AL., Plaintiffs-Respondents, v.
JENNY CRAIG OPERATIONS, INC., Defendant-Appellant, 851, 105520/11
(N.Y. Sup., Appellate Division).
The Appellate Division of the Supreme Court of New York, First
Department, rejected an appeal filed by Jenny Craig Operations,
Inc., from the Order of the Supreme Court, New York County (Anil
C. Singh, J.), dated January 29, 2014, which held that non-
managerial employees of the Company satisfied the commonality
requirement (CPLR 901[a][2]) on their motion for class
certification, unanimously affirmed, without costs.
Plaintiffs and the putative class members are current and former
non-managerial employees of Jenny Craig Operations, Inc., which
operated about 23 non-franchised weight-loss centers in New York,
from May 2005 to May 2011. Plaintiffs allege that Jenny Craig
regularly underpaid the 751 class members for time worked, by
deducting 30 minutes of pay from their paychecks, for every shift
they worked, for "break time" that was not taken.
A copy of the Appeals Court's April 19 decision is available at
http://is.gd/B6S5q9from Leagle.com.
Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Morristown, NJ
(Peter O. Hughes -- peter.hughes@ogletreedeakins.com -- of the bar
of the State of New Jersey, admitted pro hac vice, of counsel),
for appellant.
Virginia & Ambinder, LLP, New York (LaDonna M. Lusher --
llusher@vandallp.com -- of counsel), for respondents.
JENNY CRAIG: 9th Cir. Upholds Class Cert. Denial in "Coleman" Suit
------------------------------------------------------------------
The United States Court of Appeals, Ninth Circuit, affirmed a
lower court ruling that denied a motion for class certification in
the case, NASHONNA COLEMAN, an individual, Plaintiff-Appellant, v.
JENNY CRAIG, INC., a Delaware corporation, Defendant-Appellee, No.
14-55821 (9th Cir.).
Nashonna Coleman filed a class action lawsuit against Jenny Craig,
Inc., her former employer. In support of her motion for class
certification, Coleman alleged that Jenny Craig had a common
policy of forcing its hourly employees to miss meal breaks or take
short or late meal breaks, in violation of California Labor Code
sections 226.7 and 512. Coleman also alleged that Jenny Craig's
payroll system only paid the required wage premium when an
employee's time-card showed an entirely missed meal break, but did
not pay a premium when the time-card showed a short or late meal
break.
The district court found that the lawsuit did not meet the
commonality requirement for class certification, and denied the
motion. The court found that Jenny Craig did not have a common
policy of forcing employees to miss meal breaks or take short or
late meal breaks. The court also found that Jenny Craig did not
have a common policy of not paying wage premiums for short or late
meal breaks.
Coleman filed a motion for reconsideration. The motion argued that
commonality had been shown by Jenny Craig's failure to create and
disseminate a policy for paying wage premiums for short or late
meal breaks. The district court denied the motion for
reconsideration.
Coleman now appeals the district court's denial of class
certification and the denial of the motion for reconsideration,
solely on the issue of whether Jenny Craig's wage premium
policies, or lack thereof, are sufficient to show commonality.
Coleman's class action complaint alleged that Jenny Craig violated
California Labor Code sections 226.7 and 512. However, the failure
to pay a wage premium is not a freestanding violation of these
Labor Code sections, the Ninth Circuit said, citing Kirby v.
Immoos Fire Prot., Inc., 274 P.3d 1160, 1167-68 (Cal. 2012). These
sections of the Labor Code are violated when an employer forces
its employees to take short or late meal breaks. Kirby, 274 P.3d
at 1168. The wage premium is the remedy for this violation.
In order to show commonality for these claims then, Coleman had to
show a common practice of forcing employees to take short or late
meal breaks, the Ninth Circuit said, citing Ugas v. H & R Block
Enters., No. CV 09-6510 CAS (SHx), 2012 WL 5230297, at *4 (C.D.
Cal. July 9, 2012).
"A common practice of not paying wage premiums is not sufficient
to show commonality for claims under these statutes. The failure
to pay wage premiums is not a freestanding violation of the
statutes. . .. Coleman has not challenged the district court's
finding that Jenny Craig did not have a common policy of forcing
employees to take short or late meal breaks. The district court
was correct to find that Coleman had not shown commonality," the
Ninth Circuit said.
"Our decision is unaffected by the recent California Court of
Appeal case Safeway, Inc. v. Superior Court, 238 Cal.App.4th 1138
(2015). In Safeway, the claim being certified for class status was
a claim under California's Unfair Competition Law. . .. The
complaint alleged that the defendant's policy of not paying wage
premiums was, by itself, a violation of the Unfair Competition
Law. . .. Here, the failure to pay a wage premium is not, by
itself, a violation of the Labor Code. Therefore, unlike in
Safeway, class certification is not appropriate," the Ninth
Circuit added.
A copy of the Ninth Circuit's Memorandum dated April 20 is
available at http://is.gd/aWh8Xdfrom Leagle.com.
JM PROTECTIVE: Faces "Dorsainvil" Suit Alleging FLSA Violation
--------------------------------------------------------------
LUXON DORSAINVIL, on his own behalf and others similarly situated,
Plaintiff, v. JM PROTECTIVE SERVICES, INC., a Florida Profit
Corporation dba MEZ SECURITY SERVICES, INC., and
JAMES A. MESIDOR, an individual, Defendants, Case 9:16-cv-80635-
DMM (S.D. Fla., April 21, 2016), alleges breach of employment
contract, and minimum wage violation under the Fair Labor
Standards Act.
JM PROTECTIVE SERVICES, INC. provides uniformed security officers,
armed security guards, off duty police officers, concierge and
front desk services, patrol services, security consulting, armed
transport, estate security, commercial and retail building
security, loss prevention, bodyguards, dignitary & diplomat
protection, camera installation and/or monitoring closed circuit
television (CCTV).
The Plaintiff is represented by:
Maguene D. Cadet, Esq.,
LAW OFFICE OF DIEUDONNE CADET, P.A.
2500 Quantum Lakes Drive, Suite 203
Boynton Beach, FL 33426
Phone: 561-853-2212
E-mail: Maguene@DieudonneLaw.com
JOS A BANK: Has Sent Unsolicited Text Messages, Suit Claims
-----------------------------------------------------------
Tzvee Rotberg, individually, and on behalf of all others similarly
situated v. Jos. A. Bank Clothiers, Inc., Case No. 1:16-cv-02962
(S.D.N.Y., April 21, 2016), seeks to stop the Defendant's practice
of sending unsolicited marketing text messages to the Plaintiff's
cellular phone.
Jos. A. Bank Clothiers, Inc. is a retailer of men's clothing,
particularly known for its low-priced men's suits.
The Plaintiff is represented by:
Domenic Romano, Esq.
ROMANO LAW PLLC
55 Broad Street, 18th Fl.
New York, NY 10004
Telephone: (212) 865-9848
Facsimile: (646) 661-4599
E-mail: Domenic@romanolaw.com
KAPER INDUSTRIAL: Recalls Lithium-Ion Flashlights
-------------------------------------------------
Starting date: April 12, 2016
Posting date: April 12, 2016
Type of communication: Consumer Product Recall
Subcategory: Household Items
Source of recall: Health Canada
Issue: Fire Hazard
Audience: General Public
Identification number: RA-57440
This recall involves three models of Coleman CTAC Lithium-Ion
Flashlights. Models include CTAC20 (model 2000013874), CTAC40
(model 2000013873) and CTAC60 (model 2000013872). The flashlights
are black, with "Coleman" printed in white along the handle and
have the model number printed in white on the upper portion of the
handle next to the light. The flashlights measure 6.5 inches in
length. The lithium-ion batteries inside the Flashlights are red
with the Coleman logo printed in white on the battery.
The lithium-ion batteries can overheat, posing a fire hazard.
Health Canada has not received any reports of consumer incidents
or injuries related to the use of these flashlights in Canada.
Coleman has received one report of the flashlight battery
overheating in Canada and one report of the flashlight battery
overheating, catching fire and causing minor property damage in
the United States. No injuries have been reported.
Approximately 500 flashlights were sold in Canada and 2,333
flashlights were sold in the United States.
The affected products were sold from January 2015 to August 2015.
Manufactured in China.
Manufacturer: Kaper Industrial Ltd
Hong Kong
CHINA
Consumers should immediately stop using the recalled flashlights
and contact their municipality for instructions on how to dispose
or recycle the recalled products.
For more information, consumers can contact Coleman at 800-387-
6161 from 7 a.m. to 5 p.m. CT Monday through Friday, by email or
online and click on "Safety Information" under the "Customer
Support" tab at the bottom of the homepage and then click on "CTAC
Lithium-Ion Flashlight Recall".
Consumers may view the release by the US CPSC on the Commission's
website.
Please note that the Canada Consumer Product Safety Act prohibits
recalled products from being redistributed, sold or even given
away in Canada.
Health Canada would like to remind Canadians to report any health
or safety incidents related to the use of this product or any
other consumer product or cosmetic by filling out the Consumer
Product Incident Report Form.
This recall is also posted on the OECD Global Portal on Product
Recalls website. You can visit this site for more information on
other international consumer product recalls.
Pictures of the Recalled Products available at:
http://is.gd/52VXQF
LATSHAW DRILLING: Faces "Sanders" Suit Over Failure to Pay OT
-------------------------------------------------------------
Luther Sanders, individually and on behalf of others similarly
situated v. Latshaw Drilling Company, LLC, Case No. 3:16-cv-1093
(N.D. Tex., April 21, 2016), is brought against the Defendants for
failure to pay oilfield mechanics overtime wages in violation of
the Fair Labor Standards Act.
Latshaw Drilling Company, LLC a drilling company based in
Oklahoma.
The Plaintiff is represented by:
Richard J. (Rex) Burch, Esq.
David I. Moulton, Esq.
Matthew S. Parmet, Esq.
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
dmoulton@brucknerburch.com
mparmet@brucknerburch.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
FIBICH, LEEBRON, COPELAND, BRIGGS & JOSEPHSON
1150 Bissonnet
Houston, TX 77005
Telephone: (713) 751-0025
Facsimile: (713) 751-0030
E-mail: mjosephson@fibichlaw.com
adunlap@fibichlaw.com
LEMOND FOOD: Recalls Frozen Seafood Products Due to Egg
-------------------------------------------------------
Starting date: April 7, 2016
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Egg
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Lemond Food Corporation
Distribution: Ontario, Quebec
Extent of the product distribution: Retail
CFIA reference number: 10516
Lemond Food Corporation is recalling Choripdong brand frozen
seafood products from the marketplace because they may contain egg
which is not declared on the label. People with an allergy to egg
should not consume the recalled products described below.
Check to see if you have recalled products in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.
If you have an allergy to egg, do not consume the recalled
products as they may cause a serious or life-threatening reaction.
There have been no reported reactions associated with the
consumption of these products.
This recall was triggered by the Canadian Food Inspection Agency's
(CFIA) inspection activities. The CFIA is conducting a food safety
investigation, which may lead to the recall of other products. If
other high-risk products are recalled, the CFIA will notify the
public through updated Food Recall Warnings.
The CFIA is verifying that industry is removing recalled products
from the marketplace.
Brand Common Size Code(s) on UPC
name name ---- product ---
----- ------ ----------
Choripdong Seafood Mix 300 g All codes where 7 61898 66724 8
Pancake egg is not 7 61898 66722 4
declared on the
label
Choripdong Shrimp 300 g All codes where 7 61898 66723 1
Flavored egg is not 7 61898 66725 5
Seafood Mix declared on the
Pancake label
Choripdong Seafood 300 g All codes where 7 61898 68931 8
Mixed Pancake egg is not 7 61898 70044 0
declared on the
label
Pictures of the Recalled Products available at:
http://is.gd/nJy1OM
LIVE CHEAP: "Vereen" Suit Seeks to Recover Unpaid Overtime Wages
----------------------------------------------------------------
Talvia Vereen and other similarly situated individuals v. Live
Cheap, LLC, West Gardens Villas, Ltd., Hampton West Gardens
Villas, Inc., Sunny Isles Apartments Holdings, LLC, lehman
Apartments, LLC, Lehman Apartments 207 LLC, Lehman Property
Management, Inc. and Joseph M. Lehman, Case No. 1:16-cv-21431-DPG
(S.D. Fla., April 21, 2016), seeks to recover unpaid overtime
compensation, as well as an additional amount as liquidated
damages, costs, and reasonable attorney's fees under the Fair
Labor Standards Act.
The Defendants are in the business of renting residential units to
low income tenants and, through their business activities, affect
interstate commerce.
The Plaintiff is represented by:
R. Martin Saenz, Esq.
R. Edward Rosenberg, Esq.
SAENZ & ANDERSON, PLLC
20900 NE 30th Avenue, Ste. 800
Aventura, FL 33180
Telephone: (305) 503-5131
Facsimile: (888) 270-5549
E-mail: msaenz@saenzanderson.com
ed@saenzanderson.com
M&M BEDDING: Faces Suit for Violation of FLSA, Md. Wage Laws
------------------------------------------------------------
JASON BURRIS (424 Robinson Street, Baltimore, Maryland 21224
Resident of Baltimore City), THOMAS LEE FOX, JR. (434 Gusryan
Street, Unit B, Baltimore, Maryland 21224, Resident of Baltimore
City), and ANTHONY SMITH, SR. (7873 Charlesmont Road, Dundalk,
Maryland 21222) Resident of Baltimore County, Plaintiffs, v. M&M
BEDDING, LLC d/b/a EASY REST ADJUSTABLE SLEEP SYSTEMS (6110
Holabird Avenue, Baltimore, Maryland 21224 Serve: Incorp Services,
Inc. 1519 York Road Lutherville, Maryland 21093) and MOHAMED R.
MAGHARI (13560 Broccolino Way, Clarksville, Maryland 21029
Resident of Howard County), and JEFFREY M. MOWREY (801 Key
Highway, Unit 320, Baltimore, Maryland 21230), Resident of
Baltimore City, Defendants, Case 1:16-cv-01194-MJG (D. Md., April
21, 2016), was brought under the Federal Fair Labor Standards Act,
the Maryland Wage and Hour Law, and the Maryland Wage Payment and
Collection Law.
Defendants are in the business of selling "Easy Rest" beds and
mattresses.
The Plaintiffs are represented by:
Benjamin L. Davis, III, Esq.
George E. Swegman, Esq.
THE LAW OFFICES OF PETER T. NICHOLL
36 South Charles Street, Suite 1700
Baltimore, MD 21201
Phone: (410) 244-7005
Fax: (410) 244-8454
E-mail: bdavis@nicholllaw.com
gswegman@nicholllaw.com
MAZDA: Recalls CX-9 2014, 2012, 2016 Models
-------------------------------------------
Starting date: April 8, 2016
Type of communication: Recall
Subcategory: Car, SUV
Notification type: Safety
Mfr System: Suspension
Units affected: 220
Source of recall: Transport Canada
Identification number: 2016152TC
ID number: 2016152
On certain vehicles, the nut and bolt holding the strut assembly
to the knuckle may not have been tightened properly during the
manufacturing process. Over time, this could cause the strut
assembly to separate from the knuckle, resulting in a loss of
steering control which would increase the risk of a crash causing
injury and/or damage to property. Correction: Dealers will inspect
and replace the nut and bolt holding the strut assembly to the
knuckle if found loose.
Make Model Model year(s) affected
---- ----- ----------------------
MAZDA CX-9 2014, 2014, 2012, 2016
MERCEDES-BENZ: Recalls Multiple Vehicle Models Due to Injury Risk
-----------------------------------------------------------------
Starting date: April 13, 2016
Type of communication: Recall
Subcategory: Car, SUV
Notification type: Recalls Audit
System: Airbag
Units affected: 73000
Source of recall: Transport Canada
Identification number: 2016158TC
ID number: 2016158
On certain vehicles, the driver frontal airbag inflator could
produce excessive internal pressure during airbag deployment.
Increased pressure may cause the inflator to rupture, which could
allow fragments to be propelled toward vehicle occupants,
increasing the risk of injury. This could also damage the airbag
module, which could prevent proper deployment. Failure of the
airbag to fully deploy during a crash (where deployment is
warranted) could increase the risk of personal injury to the seat
occupant. Correction: Dealers will replace the front driver air
bag module.
Make Model Model year(s) affected
---- ----- ----------------------
MERCEDES-BENZ E CLASS 2010, 2011
MERCEDES-BENZ C CLASS 2005
MERCEDES-BENZ ML CLASS 2009
MERCEDES-BENZ SLK CLASS 2007
MERCEDES-BENZ R CLASS 2009
MERCEDES-BENZ GL CLASS 2009
MERCEDES-BENZ GLK CLASS 2009
MERCEDES-BENZ: Recalls Sprinter 2500 & 3500 2010 Models
-------------------------------------------------------
Starting date: April 13, 2016
Type of communication: Recall
Subcategory: Light Truck & Van
Notification type: Recalls Audit
System: Airbag
Units affected: 13410
Source of recall: Transport Canada
Identification number: 2016159TC
ID number: 2016159
On certain vehicles, the driver frontal airbag inflator could
produce excessive internal pressure during airbag deployment.
Increased pressure may cause the inflator to rupture, which could
allow fragments to be propelled toward vehicle occupants,
increasing the risk of injury. This could also damage the airbag
module, which could prevent proper deployment. Failure of the
airbag to fully deploy during a crash (where deployment is
warranted) could increase the risk of personal injury to the seat
occupant. Correction: Dealers will replace the front driver air
bag module.
Make Model Model year(s) affected
---- ----- ----------------------
MERCEDES-BENZ SPRINTER 2500 2010
MERCEDES-BENZ SPRINTER 3500 2010
MERCEDES-BENZ: Recalls SLK CLASS 2016 Models Due to Crash Risk
--------------------------------------------------------------
Starting date: April 13, 2016
Type of communication: Recall
Subcategory: Car
Notification type: Safety
Mfr System: Electrical
Units affected: 2
Source of recall: Transport Canada
Identification number: 2016156TC
ID number: 2016156
On certain vehicles, the backup power supply feed for the ignition
switch may have been incorrectly connected at the time of
production. In the event of a loss of main battery power and an
engine stop with the transmission out of park and the electric
parking brake not applied, without the backup power supply the
transmission would not be able to shift to Park (P). This could
result in the vehicle being inoperable without any way of keeping
it stationary other than applying the brakes which, under certain
circumstances, could increase the risk of a crash causing injury
and/or damage to property. Correction: Dealers will adapt the
wiring harness and update the Software Calibration Number (SCN)
coding.
Make Model Model year(s) affected
---- ----- ----------------------
MERCEDES-BENZ SLK CLASS 2016
MERCEDES-BENZ: Recalls B Class 2015 Models Due to Crash Risk
------------------------------------------------------------
Starting date: April 13, 2016
Type of communication: Recall
Subcategory: Car
Notification type: Safety
Mfr System: Seats And Restraints
Units affected: 31
Source of recall: Transport Canada
Identification number: 2016157TC
ID number: 2016157
On certain vehicles equipped with the Easy-Vario rear seat option,
the rear screws used to bolt the rear seat to the body of the
vehicle may be missing on one side. In the event of a crash, the
rear seats may lift up from the body and the seat belt anchoring
may not function as designed which could increase the risk of
injury. Correction: Dealers will inspect and repair the rear seats
as necessary.
Make Model Model year(s) affected
---- ----- ----------------------
MERCEDES-BENZ B CLASS 2015
MERCEDES-BENZ: Sued Over Emission Standards Non-Compliance
----------------------------------------------------------
Hassan Zavareei, on behalf of himself and all others similarly
situated v. Mercedes-Benz USA, LLC, Case No. 2:16-cv-02272-JLL-JAD
(D.N.J., April 22, 2016), is brought against the Defendant for
failure to disclose, and active concealment, that Mercedes-Benz ML
320, ML 350, GL 320, E320, S350, R320, E Class, GL Class, ML
Class, R Class, S Class, GLK Class, GLE Class, and Sprinter,
failed to comply with emissions standards.
Headquartered at 303 Perimeter Center North, Suite 202, Atlanta,
Georgia, 30346, Mercedes-Benz USA, LLC, operates as the
distribution and marketing center of Mercedes-Benz cars in the
United States.
The Plaintiff is represented by:
Christopher A. Seeger, Esq.
SEEGER WEISS LLP
77 Water Street, 26th Floor
New York, NY 10005
Telephone: (212) 584-0700
Facsimile: (212) 584-0799
E-mail: cseeger@seegerweiss.com
- and -
Lesley E. Weaver, Esq.
BLOCK & LEVITON LLP
520 Third Street, Suite 108
Oakland, CA 94607
Telephone: (415) 968-8992
E-mail: lweaver@blockesq.com
METRO SERVICES: Does Not Properly Pay Workers, "Garzo" Suit Says
----------------------------------------------------------------
Sander Garzo, an individual, and on behalf of himself and all
others similarly situated v. Metro Services Group, and Does 1
through 50, inclusive, Case No. BC618119 (Cal. Super. Ct., April
22, 2016), seeks to recover unpaid minimum wages, unpaid and
illegally calculated overtime compensation, and illegal meal and
rest period policies pursuant to the California Labor Code.
Metro Services Group operates a janitorial services company in Los
Angeles, California.
The Plaintiff is represented by:
Matthew J. Matern, Esq.
Matthew W. Gordon, Esq.
Amanda S. Naoufal, Esq.
MATERN LAW GROUP
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
Telephone: (310) 531-1900
Facsimile: (310) 531-1901
E-mail: info@maternlawgroup.com
MI CASITA RESTAURANTS: Court Conditionally Certifies FLSA Class
---------------------------------------------------------------
The Hon. Terrence W. Boyle conditionally certifies the matter
captioned MOISES ENOT VELASQUEZ-MONTERROSA, on behalf of himself
and all others similarly situated v. MI CASITA RESTAURANTS, a.k.a.
MI CASITA RESTAURANTE MEXICANO, et al., Case No. 5:14-CV-448-BO
(E.D.N.C.), as a collective action under the Fair Labor Standards
Act.
The case will proceed with respect to the FLSA claims as a
conditionally-certified collective action under Section 216(b) of
the Labor Code and with respect to the claims made pursuant to the
North Carolina Wage and Hour Act as a class action under Rules
23(a) and (b)(3) of the Federal Rules of Civil Procedure.
The Plaintiff's proposed notice is approved and Defendants are to
provide the requested employee information and post the notice in
accord with the language of the Order.
The putative plaintiffs/class members are defined as follows with
respect to plaintiffs FLSA claims and NCWHA claims:
All non-tipped and non-managerial employees such as cooks,
dishwashers, chip and drink runners, bussers, and hosts and
hostesses, who were not permitted to record all of their
time worked and were required to work in excess of forty
(40) hours during at least one week from August 8, 2011, to
the present.
Mr. Velazquez-Monterrosa is designated as the class representative
and the attorneys of record for said named plaintiff are
authorized to serve as class counsel in the action.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=ITksqTns
MOZEO LLC: Bid for Class Certification Taken Under Advisement
-------------------------------------------------------------
Judge Robert M. Dow, Jr., entered an order in the class action
lawsuit captioned Zeidel v. Mozeo, LLC, Case No. 13-cv-6989 (N.D.
Ill.) ruling that:
-- Defendant A&M (2015) LLC's second motion for summary
judgment is taken under advisement;
-- Plaintiff's agreed motion for leave to file exhibits under
seal is granted; and
-- Plaintiff's renewed motion and incorporated memorandum of
law in support of class certification is taken under
advisement;
The Court further ruled that the Motion to Strike was due on April
28, 2016, and responses are due May 5. The Court will issue a
ruling by mail.
A copy of the order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=ANuIMjbC
MYDATT SERVICES: Faces "Rogers" Suit Over Failure to Pay Overtime
-----------------------------------------------------------------
Damon Rogers, on behalf of himself and all others similarly
situated v. Mydatt Services, Inc., d/b/a Block By Block, SMS
Holdings Corporation and Does 1 through 50, 19 inclusive,
20, Case No. RG16812720 (Cal. Super. Ct., April 21, 2016), seeks
to recover unpaid overtime wages and other related relief pursuant
to the California Labor Code.
The Defendants operate a company that offers services such as
detective and armored car services, armored car services, burglary
protection services, and guard dog rental.
The Plaintiff is represented by:
David Spivak, Esq.
THE SPIVAK LAW FIRM
9454 Wilshire Blvd., Ste 303
Beverly Hills, CA 90212
Telephone: (310) 499-4730
Facsimile: (310) 499-4739
E-mail: david@spivaklaw.com
NATIONSTAR MORTGAGE: Motion for Class Certification Withdrawn
-------------------------------------------------------------
The Hon. John W. Darrah ruled in the lawsuit titled Ansarullah
Dawoudi, et al. v. Nationstar Mortgage, LLC, Case No. 16 C 2356
(N.D. Ill.), that based on the Plaintiffs' stipulation, their
Motion for Class Certification is withdrawn without prejudice.
The Court also ruled that the Defendant's motion to dismiss is
entered and briefed as follows: response by May 18, 2016, and
reply by June 2, 2016. Status hearing/ruling is set for Aug. 11,
2016, at 9:30 a.m. Discovery is ordered closed on May 10.
Pretrial conference is set for November 1, 2017, at 1:30 p.m.
Jury trial is set for November 6, 2017 at 9:00 a.m.
A copy of the order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=YkdEdbgQ
NISSAN: Recalls Maxima and Murano 2016 Models Due to Crash Risk
---------------------------------------------------------------
Starting date: April 6, 2016
Type of communication: Recall
Subcategory: Car, SUV
Notification type: Safety
Mfr System: Brakes
Units affected: 722
Source of recall: Transport Canada
Identification number: 2016148TC
ID number: 2016148
Certain vehicles may have been manufactured with a defective Anti-
Lock Braking System (ABS) actuator. This could cause pressure
control to be delayed when the Anti-Lock Brakes are activated,
resulting in loss of vehicle stability, increasing the risk of a
crash causing in injury and/or damage to property. Correction:
Dealers will inspect the ABS actuator and, if affected, replace
the defective ABS actuator.
Make Model Model year(s) affected
---- ----- ----------------------
NISSAN MAXIMA 2016
NISSAN MURANO 2016
NISSAN: Recalls Frontier 2016 Models Due to Fire Hazard
-------------------------------------------------------
Starting date: April 7, 2016
Type of communication: Recall
Subcategory: Light Truck & Van
Notification type: Safety
Mfr System: Electrical
Units affected: 126
Source of recall: Transport Canada
Identification number: 2016150TC
ID number: 2016150
Manufacturer recall number: D40
On certain vehicles equipped with a V6 engine, the starter motor
wiring harness may have been installed in an incorrect position.
This could cause the wiring harness to come in contact with the
starter heat shield resulting in an electrical short, which would
increase the risk of fire causing injury and/or damage to
property. Correction: Dealers will inspect and reposition the
wiring harness as necessary.
Make Model Model year(s) affected
---- ----- ----------------------
NISSAN FRONTIER 2016
NOVA: Recalls LFS 2010 Bus Models Due to Injury Risk
----------------------------------------------------
Starting date: April 5, 2016
Type of communication: Recall
Subcategory: Bus
Notification type: Safety
Mfr System: Seats And Restraints
Units affected: 43
Source of recall: Transport Canada
Identification number: 2016144TC
ID number: 2016144
Manufacturer recall number: CR3632
Certain buses equipped with a Recaro ERGO-M driver seats may be
missing welds on the seat structure. As a result, the seatbelt
anchorage assembly could separate from the seat structure in the
event of a crash, which would increase the risk of injury.
Correction: Dealers will inspect for missing welds and if required
replace the J-brackets.
Make Model Model year(s) affected
---- ----- ----------------------
NOVA LFS 2010
PALATINE INN: Faces "Rivera-Soto" Suit Over Failure to Pay OT
-------------------------------------------------------------
J Santos Rivera-Soto individually and on behalf of other employees
similarly situated, Plaintiff v. Palatine Inn Restaurant, Inc.,
Jim Sarantopoulos, and Pete Sarantopoulos, Case No. 1:16-cv-04538
(N.D. Ill., April 21, 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 located at 95 W.
Northwest Highway, Palatine Illinois 60067.
The Plaintiff is represented by:
Valentin T. Narvaez, Esq.
CONSUMER LAW GROUP, LLC
6232 N. Pulaski, Suite 200
Chicago, IL 60646
Telephone: (312) 878-1302
E-mail: vnarvaez@yourclg.com
PARK WEST: Sued Over Failure to Pay Rest Break Premium Pay
----------------------------------------------------------
Pedro Navarro, on behalf of himself and all others similarly
situated v. Park West Landscape Maintenance, Inc. and Does 1to 50,
Inclusive, Case No. BC617974 (Cal. Super. Ct., April 21, 2016), is
brought against the Defendants for failure to pay rest break
premium pay in violation of the California Labor Code.
Park West Landscape Maintenance, Inc. offers landscape maintenance
services in California.
The Plaintiff is represented by:
Victor Luke, Esq.
LAW OFFICES OF VICTOR W. LUKE
1502 N. Main Street
Santa Ana, CA 92701
Telephone: (714) 835-509.
RAM: Recalls Promaster 2015 Models Due to Crash Risk
----------------------------------------------------
Starting date: April 12, 2016
Type of communication: Recall
Subcategory: Light Truck & Van
Notification type: Safety
Mfr System: Electrical
Units affected: 3050
Source of recall: Transport Canada
Identification number: 2016155TC
ID number: 2016155
Manufacturer recall number: S24
On certain vehicles equipped with a 2.4L engine, the electrical
(CAN-C) communication connector located on the floor in front of
the driver's seat could become corroded. If this were to occur, it
could result in a loss of communication to the Transmission
Control Module (TCM) potentially resulting in a default shift to
neutral, a loss of motive power and a no start condition, which
would increase the risk of a crash causing injury and/or property
damage. Correction: Dealers will relocate the CAN-C bus
communication connector to under the instrument panel. Connectors
exhibiting signs of corrosion will be replaced.
Make Model Model year(s) affected
---- ----- ----------------------
RAM PROMASTER 2015
RESER'S FINE: Recalls Macaroni and Potato Salad Due to Listeria
---------------------------------------------------------------
Starting date: April 12, 2016
Type of communication: Recall
Alert sub-type: Food Recall Warning
Subcategory: Microbiological - Listeria
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Reser's Fine Foods Inc.
Distribution: British Columbia
Extent of the product distribution: Hotel/Restaurant/Institutional
CFIA reference number: 10526
Reser's Fine Foods, Inc. is recalling Classic SYSCO brand Elbow
Macaroni Salad and Reser's brand Deviled Egg Potato Salad from the
marketplace due to possible Listeria monocytogenes contamination.
Hotels, restaurants and institutions should not sell or use the
recalled products described below.
Check to see if you have recalled products in your hotel,
restaurant or institution. Recalled products should be thrown out
or returned to the supplier.
Food contaminated with Listeria monocytogenes may not look or
smell spoiled but can still make you sick. Symptoms can include
vomiting, nausea, persistent fever, muscle aches, severe headache
and neck stiffness. Pregnant women, the elderly and people with
weakened immune systems are particularly at risk. Although
infected pregnant women may experience only mild, flu-like
symptoms, the infection can lead to premature delivery, infection
of the newborn or even stillbirth. In severe cases of illness,
people may die.
If you suspect you have become ill from eating a recalled product,
the Canadian Food Inspection Agency (CFIA) recommends contacting
your doctor.
There have been no reported illnesses associated with the
consumption of these products.
This recall was triggered by a recall in another country. The CFIA
is conducting a food safety investigation, which may lead to the
recall of other products. If other high-risk products are
recalled, the CFIA will notify the public through updated Food
Recall Warnings.
The CFIA is verifying that industry is removing recalled product
from the marketplace.
Brand Common Size Code(s) on UPC
name name ---- product ---
----- ------ ----------
Classic Elbow 3.63 kg MAY-07-16 #10 0 74865 08459 8
SYSCO Macaroni
Salad
Reser's Deviled 3.63 kg APR-28-16 #10 71117 00225
Egg Potato
Salad
Pictures of the Recalled Products available at:
http://is.gd/A53hBU
OZBURN-HESSEY: Fails to Pay Employees Overtime, Action Claims
-------------------------------------------------------------
Valerja Guerrero-Hernandez, on behalf of herself, all others
similarly situated v. Ozburn-Hessey Logistics and Does 1 -50,
inclusive, Case No. RG16812825 (Cal. Super. Ct., April 22, 2016),
is brought against the Defendants for failure to pay overtime
wages in violation of the Fair Labor Standards Act.
Ozburn-Hessey Logistics owns and operates a third-party logistics
company in California.
The Plaintiff is represented by:
Shaun Setareh, Esq.
SETAREH LAW GROUP
9454 Wilshire Boulevard, Suite 907
Beverly Hills, CA 90212
Telephone: (310) 888-7771
Facsimile: (310) 888-0109
E-mail: shaun@setarehlaw.com
R.J. REYNOLDS: "Lenoir" & "Mosely" Cases Go Back to Fla. State Ct.
------------------------------------------------------------------
The United States District Court for the Middle District of
Florida, Tampa Division, granted Plaintiff's motion to remand the
cases, In re Engle Progeny Cases Tobacco Litigation Hollie Lenoir
v. R.J. Reynolds Tobacco Co., et al. Lewis Mosely v. R.J. Reynolds
Tobacco Co., et al., Case Nos. 8:15-cv-2493-T-27EAJ, 8:15-cv-2494-
T-27MAP, to the Thirteenth Judicial Circuit in and for
Hillsborough County, Florida. The Court, however, denied
plaintiff's motion for payment of attorney's fees.
A copy of the Court's April 20 Order is available at
http://is.gd/qguekQfrom Leagle.com.
ROHOHO INC: "Stayler" Suit Seeks to Recover Unpaid Minimum Wages
----------------------------------------------------------------
Cody Stayler, individually and on behalf of all other similarly
situated v. Rohoho, Inc., Case No. 2:16-cv-01235-RMG (D.S.C.,
April 21, 2016), seeks to recover unpaid minimum wages and damages
pursuant to the Fair Labor Standards Act.
Rohoho, Inc. operates approximately 55 Papa John's franchise
stores in states including South Carolina, Kentucky and Florida.
The Plaintiff is represented by:
Jonathan Gregory Lane, Esq.
Terry Ann Rickson, Esq.
TERRY ANN RICKSON ESQUIRE INC
102 Wappoo Creek Drive, Number 8
Charleston, SC 29412
Telephone: (843) 722-1500
E-mail: jonathan@ricksonlaw.com
terry@ricksonlaw.com
- and -
PAUL McINNES LLP
Jack D. McInnes, Esq.
601 Walnut, Suite 300
Kansas City, MO 64106
Telephone: (816) 984-8100
Facsimile: (816) 984-8101
E-mail: mcinnes@paulmcinnes.com
- and -
Mark A. Potashnick, Esq.
WEINHAUS & POTASHNICK
11500 Olive Blvd., Suite 133
St. Louis, MO 63141
Telephone: (314) 997-9150
Facsimile: (314) 997-9170
E-mail: markp@wp-attorneys.com
SIGNATURE MUSHROOMS: Recalls Sliced Mushrooms Due to Listeria
-------------------------------------------------------------
Starting date: April 6, 2016
Type of communication: Recall
Alert sub-type: Notification
Subcategory: Microbiological - Listeria
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Signature Mushrooms Ltd.
Distribution: Alberta
Extent of the product distribution:
Hotel/Restaurant/Institutional
CFIA reference number: 10514
Brand Common Size Code(s) on UPC
name name ---- product ---
----- ------ ----------
Signature Crimini Sliced 10 lb 29MR16 None
Mushrooms 10 lb Bulk-Thin
(1/8")
Signature White Sliced 2.27 kg 29MR16 None
Mushrooms Thin Mushrooms
SILK CORP: "Acevedo" Suit Seeks to Recover Unpaid Minimum Wages
---------------------------------------------------------------
Melissa Acevedo, individually and on behalf of others similarly
situated v. Silk Corp. d/b/a Headquarters, Roger L. Marolda and
any other related entities, Case No. 153421/2016 (N.Y. Super. Ct.,
April 26, 2016), seeks to recover unpaid minimum wages, illegally
retained tips, and improperly withheld wages pursuant to the New
York Labor Code.
The Defendants operate an adult entertainment establishment
located at 552 West 38th Street, New York, New York 10018.
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
SMX LLC: Does Not Properly Pay Employees, "Valencia" Suit Claims
----------------------------------------------------------------
Amalia Valencia, an individual, on behalf of herself and all
others similarly situated v. SMX, LLC, Truebue, Inc., Amazon.Com,
Inc., and Does 1 through 20, inclusive, Case No. 4:16-cv-02155-DMR
(N.D. Cal., April 21, 2016), is brought against the Defendants for
failure to pay employees for all hours worked, and for depriving
them of proper rest and meal breaks.
SMX, LLC and Truebue, Inc. operate as a single or integrated
enterprise that offers clients a broad range of workforce
management related solutions.
The Plaintiff is represented by:
Marco A. Palau, Esq.
Hector R. Martinez, Esq.
Marco A. Palau, Esq.
Joseph D. Sutton, Esq.
Eric S. Trabucco, Esq.
MALLISON & MARTINEZ
1939 Harrison Street, Suite 730
Oakland, CA 94549
Telephone: (510) 832-999
Facsimile: (510) 832-1101
E-mail: mpalau@themmlawfirm.com
SONY OF CANADA: Recalls Panasonic Lithium-Ion Battery Packs
-----------------------------------------------------------
Starting date: April 12, 2016
Posting date: April 12, 2016
Type of communication: Consumer Product Recall
Subcategory: Electronics
Source of recall: Health Canada
Issue: Fire Hazard
Audience: General Public
Identification number: RA-57882
This recall involves Panasonic lithium-ion battery packs with
battery model number VGP-BPS26 sold with certain VAIO E Series
personal computers or installed in some VAIO computers as
replacement parts during repair.
Model number of the custom ordered VAIO personal computer that may
have come with an affected battery pack at time of purchase:
-- SVE151290S
Model series (or model number) beginning with the following
letters and numbers that may have been equipped with an affected
battery pack during repair:
SVE14A1 SVE1511 SVE1711 VPCCA1 VPCCB1 VPCEH1
SVE14A2 SVE1512 SVE1712 VPCCB2 VPCEH2 VPCCB3
SVE14A3 VPCEH3 VPCCB4
The model is listed on a sticker on the bottom of the laptop (see
Images on the right).
Consumers should go to Sony's website and input the part number
and serial number of the battery pack to verify whether their
personal computers are affected by this recall.
The battery packs can overheat, posing a potential burn or fire
hazard.
Neither Sony of Canada Limited nor Health Canada has received any
reports of incidents or injuries to Canadians related to the use
of the affected battery packs.
21 VAIO personal computers sold in Canada were equipped with the
affected battery packs.
Approximately 372 units of the battery packs were used in personal
computers during repair, as replacement parts on a worldwide
basis. The number of personal computers in Canada with affected
battery packs used as replacement parts is unknown.
The recalled products were sold in Canada from May 2012 through
until approximately November 2013.
The Panasonic battery pack was manufactured in China. The VAIO
unit was manufactured in Japan.
Distributor: Sony of Canada Limited
Toronto
Ontario
CANADA
Manufacturer: Panasonic Corporation
1006, Oaza Kadoma, Kadoma-shi, Osaka 571-8501
Osaka
JAPAN
If your VAIO personal computer contains an affected battery pack,
you should immediately turn off the computer and remove the
battery pack following the instructions on Sony's website. You may
continue to use your VAIO personal computer by plugging it into
the AC power. If the battery pack is affected, Sony of Canada
Limited will send you a replacement battery pack.
For more information, consumers may contact Sony of Canada Limited
Customer Service Centre at 1-877-899-SONY (7669) from 9:00 a.m. to
5:00 p.m. ET, Monday through Friday.
Please note that the Canada Consumer Product Safety Act prohibits
recalled products from being redistributed, sold or even given
away in Canada.
Health Canada would like to remind Canadians to report any health
or safety incidents related to the use of this product or any
other consumer product or cosmetic by filling out the Consumer
Product Incident Report Form.
This recall is also posted on the OECD Global Portal on Product
Recalls website. You can visit this site for more information on
other international consumer product recalls.
Pictures of the Recalled Products available at:
http://is.gd/VMxWUr
STARBUCKS CORP: "Pincus" Suit Plaintiff Seeks Class Certification
-----------------------------------------------------------------
Stacy Pincus asks the U.S. District Court for the Northern
District of Illinois to certify a class in the proposed class
action lawsuit captioned STACY PINCUS, individually and on behalf
of all others similarly situated v. STARBUCKS CORPORATION, Case
No. 16 cv 4705 (N.D. Ill.)
Ms. Pincus alleges that Starbucks unlawfully underfills iced
coffee, iced tea, and iced blended specialty drinks crafted by
Starbucks employees, compared to how they are advertised,
misleading and injuring consumers in the process.
The Plaintiff contends that the Court should grant class
certification and appoint Hart McLaughlin & Eldridge as Class
Counsel. She argues that the class is so numerous that joinder of
all members is impracticable.
The proposed Class includes:
All persons in the United States of America who purchased
one or more of Defendant's Cold Drinks at any time between
April 27, 2006 and the present (the "Class Period").
The Plaintiff also seeks to certify the following Subclass:
All Class members who purchased a Cold Drink in Illinois at
any time between April 27, 2013 and the present.
The Plaintiff is represented by:
Steven A. Hart, Esq.
Robert J. McLaughlin, Esq.
Benjamin M. Shrader, Esq.
HART MCLAUGHLIN & ELDRIDGE, LLC
121 West Wacker Drive, Suite 1050
Chicago, IL 60601
Telephone: (312) 955-0545
E-mail: shart@hmelegal.com
rmclaughlin@hmelegal.com
bshrader@hmelegal.com
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=yrXTnUKr
STATE FARM: Understates Damage Property Value, Action Claims
------------------------------------------------------------
Charles Cranfield, individually and on behalf of all other Ohio
residents v. State Farm Fire & Casualty Company, Case No. CV-16-
862285 (Ohio Com. Pleas, April 22, 2016), arises out of the
systematic adjusting practices used by State Farm to understate,
and under-pay, the actual cash value of property damage suffered
by its insureds, specifically by, routinely understating actual
cash value by depreciating the labor component of repair costs
instead of only the physical item that is subject to wear, tear,
and obsolescence.
State Farm Fire & Casualty Company is a foreign corporation in
good standing licensed to sell property and casualty insurance in
the State of Ohio.
The Plaintiff is represented by:
James A. DeRoche, Esq.
GARSON JOHNSON LLC
1600 Midland Building 101
West Prospect Avenue
Cleveland, OH 44115
Telephone: (216) 696-9330
Facsimile: (216) 696-8558
E-mail: ideroche@garson.com
- and -
R. Eric Kennedy, Esq.
Daniel P. Goetz, Esq.
WEISMAN, KENNEDY & BERRIS CO., L.P.A.
1600 Midland Building
101 Prospect Ave., W.
Cleveland, OH 44113
Telephone: (216)781-1111
Facsimile: (216)781-6747
E-mail: ekennedy@weismanlaw.com
dgoetz@weismanlaw.com
- and -
Patrick J. Perotti, Esq.
DWORKEN & BERNSTEIN CO., LPA
60 South Park Place
Painesville, OH 44077
Telephone: (440) 352-3391
Facsimile: (440) 352-3469
E-mail: pperotti@dworkenlaw.com
STILE PRODUCTS: Recalls Tern Folding Bicycles Due to Fall Hazard
----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Stile Products, Inc., of Lakewood, Calif., announced a voluntary
recall of about 220 Tern folding bicycles (in addition, about 175
were recalled in June 2013). Consumers should stop using this
product unless otherwise instructed. It is illegal to resell or
attempt to resell a recalled consumer product.
The bike's frame can crack at the hinge on the top tube, posing a
fall hazard.
This recall involves Eclipse S11i and Verge S11i, X10, X20 and
X30h models of Tern brand folding bikes. The 24-inch wheel Eclipse
model was sold in a silver/black color combination. The 20-inch
wheel Verge models were sold in silver/black, orange/white,
red/black and yellow/grey color combinations. "Tern" is printed on
the front end of the top tube and on portion of the frame. The
model name is printed on the middle of the top tube. The frame has
a 10-character alphanumeric serial number that begins with AM1A or
from AM1102 through AM1208. The serial number is stamped on the
bottom bracket shell of the bike.
Stile Products has received four reports of incidents of the frame
hinge cracking, resulting in minor scrapes, bruises and one
sprained shoulder.
The recalled products were manufactured in Taiwan and sold at
Authorized Stile/Tern dealers nationwide from January 2012 to
April 2016 for between $1,800 and $3,000.
Consumers should immediately stop riding the bicycle and contact
Stile Products or take the bike to an authorized dealer. Consumers
will receive a free frame and have it installed at no cost.
Pictures of the Recalled Products available at:
http://is.gd/fpdQkF
SUMMIT FOOD: Recalls Roasted Red Pepper Strips
----------------------------------------------
Starting date: April 6, 2016
Type of communication: Recall
Alert sub-type: Notification
Subcategory: Extraneous Material
Hazard classification: Class 2
Source of recall: Canadian Food Inspection Agency
Recalling firm: Summit Food Distributors Inc., SYSCO Food Services
of Atlantic Canada
Distribution: Nova Scotia, Ontario, Newfoundland and Labrador
Extent of the product distribution: Hotel/Restaurant/Institutional
CFIA reference number: 10510
Brand Common Size Code(s) on UPC
name name ---- product ---
----- ------ ----------
Roland Fire 2.5 kg G1 MSS 1 P0929, 0 41224 45628 0
Roasted Red G1 MSS 2 P0929
Pepper Strips
SUNRUN INC: Sued in California Over Misleading Financial Reports
----------------------------------------------------------------
Michael Brown and Rebecca Loy, individually and on behalf of all
other persons similarly situated v. Sunrun Inc., Lynn Jurich, Bob
Komin, Ward Fenster, Jameson McJun Un, Gerald Risk, Steve
Vassallo, Richard Wong, Beau Peelle, Eren Omer Atesmen, Reginald
Norris, William Elmore, Foundation Capital VI, L.P., Foundation
Capital Management CO. VI, LLC, Credit Suisse Securities ( USA)
LLC, Goldman, Sachs & Co., Morgan Stanley & Co. LLC, Merrill
Lynch, Pierce, Fenner & Smith Incorporated, RBC Capital Markets,
LLC, Keybanc Capital Markets Inc., Suntrust Robinson Humphrey,
Inc. and Does 1- 25, inclusive, Case No. CIV538311 (Cal. Super.
Ct., 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, in
connection with the Company's initial public stock offering.
Sunrun Inc. is a provider of residential solar electricity and
operates the "second largest fleet of residential solar energy
systems" in the United States, with approximately 111, 000 solar
customers in 15 states as well as the District of Columbia.
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN, LAW FIRM, P.A.
1355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071
Telephone: (213) 785-261
Facsimile: (213) 226-4684
E-mail: lrosen@rosenlegal.com
TFS NY: "Acevedo" Suit Seeks to Recover Unpaid Minimum Wages
------------------------------------------------------------
Melissa Acevedo, individually and on behalf of others similarly
situated v. TFS NY, Inc. d/b/a Sugardaddy's Gentlemen's Club,
Frank Malatesta, Maria Lantin, Case No. 704850/2016 (N.Y., Super.
Ct., April 25, 2016), seeks to recover unpaid minimum wages,
illegally retained tips, and improperly withheld wages pursuant to
the New York Labor Code.
The Defendants own and operate an adult entertainment
establishment located at 51-07 27th Street, Long Island City, New
York 11101.
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
TILT HOUSE: Recalls Multiple Baked Goods Due to Allergens
---------------------------------------------------------
Starting date: April 5, 2016
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Egg, Allergen - Gluten, Allergen - Milk,
Allergen - Other, Allergen - Sulphites, Allergen - Wheat
Hazard classification: Class 3
Source of recall: Canadian Food Inspection Agency
Recalling firm: Tilt House Bakery
Distribution: Newfoundland and Labrador
Extent of the product distribution: Retail
CFIA reference number: 10488
Brand Common Size Code(s) on UPC
name name ---- product ---
----- ------ ----------
Tilt Tina Maries 6 count All codes where 003637
House barley and milk
Bakery are not
declared on the
label.
Tilt 100% Whole 580 g All codes where 0 20012 50035 0
House Wheat Dinner barley and milk
Bakery Rolls are not
declared on the
label.
Tilt White Bread 680 g All codes where 0 20236 10033 6
House barley and milk
Bakery are not
declared on the
label.
Tilt Oatmeal 12 count All codes where 003634
House Apricot barley and milk
Bakery Cookies are not
declared on the
label.
Tilt Brownies 6 count All codes where 004821
House barley and milk
Bakery are not
declared on the
label.
Tilt Lemon 6 count All codes where 600058
House Coconut barley and milk
Bakery Squares are not
declared on the
label.
Tilt Lassy Mogs 12 count All codes where 3363
House barley and milk
Bakery are not
declared on the
label.
Tilt White 580 g All codes where 0 20012 40035 3
House Dinner barley and milk
Bakery Rolls are not
declared on the
label.
Tilt Date 6 count All codes where 003614
House Squares barley and milk
Bakery are not
declared on the
label.
Tilt Chocolate 5 count All codes where 003610
House Macaroons barley and milk
Bakery are not
declared on the
label.
Tilt Molasses 680 g All codes where 0 20236 30045 3
House Raisin barley and milk
Bakery Bread are not
declared on the
label.
Tilt Raspberry 6 count All codes where 003645
House Jams barley and milk
Bakery are not
declared on the
label.
Tilt Chocolate 12 count All codes where 003607
House Chip barley and milk
Bakery Cookies are not
declared on the
label.
Tilt Plantation 12 count All codes where 003642
House Chews barley and milk
Bakery are not
declared on the
label.
Tilt 100% Whole 680 g All codes where 0 20236 10034 3
House Wheat Bread barley and milk
Bakery are not
declared on the
label.
Tilt Multigrain 680 g All codes where 0 20236 10034 3
House Bread barley and milk
Bakery are not
declared on the
label.
TOYOTA: Recalls Multiple Vehicle Models Due to Noncompliance
------------------------------------------------------------
Starting date: April 6, 2016
Type of communication: Recall
Subcategory: Car, SUV
Notification type: Compliance
Mfr System: Brakes
Units affected: 1186
Source of recall: Transport Canada
Identification number: 2016147TC
ID number: 2016147
Manufacturer recall number: SRC R18 / SRC R19
Certain vehicles fail to comply with the requirements of Canada
Motor Vehicle Safety Standard (CMVSS) 126 - Electronic Stability
Control Systems. Some brake actuator pumps may have been assembled
with an 0-ring that is damaged in such a way that the brake fluid
pressure may not be properly controlled during Anti-Lock Braking
(ABS), Traction Control (TRAC), and Vehicle Stability Control
(VSC) system activation(s), which fails to meet the requirements
of the standard. This could result in a loss of vehicle stability
control, which could increase the risk of a crash causing injury
and/or damage to property. Correction: Dealers will inspect the
serial number of the brake actuator and, if necessary, replace the
brake actuator assembly.
Make Model Model year(s) affected
---- ----- ----------------------
TOYOTA RAV4 2016
LEXUS ES 350 2016
LEXUS RX 350 2016
TOYOTA: Recalls Camry and Avalon 2016 Models Due to Injury Risk
---------------------------------------------------------------
Starting date: April 13, 2016
Type of communication: Recall
Subcategory: Car
Notification type: Compliance
Mfr System: Airbag
Units affected: 1205
Source of recall: Transport Canada
Identification number: 2016160TC
ID number: 2016160
Manufacturer recall number: SRC R20
Certain vehicles may not comply with the requirements of Canada
Motor Vehicle Safety Standard (CMVSS) 208 - Occupant Protection in
Frontal Impacts. The front passenger seat's occupant
classification system (OCS) may not have been calibrated properly
during the manufacturing process. This could result in the non-
deployment of the front passenger air bag and the front passenger
knee airbag, which would increase the risk of injury to the seat
occupant in a crash where airbag deployment is warranted.
Correction: Dealers will re-calibrate the occupant classification
system.
Make Model Model year(s) affected
---- ----- ----------------------
TOYOTA CAMRY 2016
TOYOTA AVALON 2016
UBER TECHNOLOGIES: Sued in Tex. Over Unlawful Pricing Algorithm
---------------------------------------------------------------
Ryan Swink v. Uber Technologies, Inc. and Travis Kalanick, Case
No. 4:16-cv-01092 (S.D. Tex., April 22, 2016), arises out of the
Defendants' alleged unlawful agreement, combination and conspiracy
in restraint of trade, specifically, coordinating an unlawful
agreement among the Uber driver-partners to adhere to the Uber
pricing algorithm, including its Surge Pricing component, for
fares charged to Uber riders.
Uber Technologies, Inc. is a Delaware Corporation that operates an
on-demand car service that seeks to match riders with drivers.
The Plaintiff is represented by:
John Bruster Loyd, Esq.
Kathleen A. O'Connor, Esq.
JONES, GILLASPIA & LOYD, L.L.P.
4400 Post Oak Pkwy, Suite 2360
Houston, TX 77027
Telephone: (713) 225-9000
Facsimile: (713) 225-6126
E-mail: bruse@jgl-law.com
UNITED STATES: Faces Suit in D.C. Over PACER Access Fee
-------------------------------------------------------
National Veterans Legal Services Program, National Consumer Law
Center, Alliance For Justice, for themselves and all others
similarly situated v. United States of America, Case No. 1:16-cv-
0074 (D.C., April 21, 2016), arises out of the Defendant's
practice of charging fees that are higher than the marginal cost
of disseminating the information to access records through its
Public Access to Court Electronic Records system, commonly known
as PACER.
United States of America through the Administrative Office of the
U.S. Courts (AO) and its PACER Service Center, administers PACER
and charges fees for access to public court records.
The Plaintiff is represented by:
Deepak Gupta, Esq.
Jonathan E. Taylor, Esq.
GUPTA WESSLER PLLC
1735 20th Street, NW
Washington, DC 20009
Telephone: (202) 888-1741
Facsimile: (202) 888-7792
E-mail: deepak@guptawessler.com
jon@guptawessler.com
- and -
Michael T. Kirkpatrick, Esq.
INSTITUTE FOR PUBLIC REPRESENTATION
Georgetown University Law Center
600 New Jersey Avenue, Suite 312
Washington, DC 20001
Telephone: (202) 662-9535
Facsimile: (202) 662-9634
E-mail: michael.kirkpatrick@law.georgetown.edu
- and -
William H. Narwold, Esq.
MOTLEY RICE LLC
3333 K Street NW, Suite 450
Washington, DC 20007
Telephone: (202) 232-5504
Facsimile: (202) 232-5513
E-mail: bnarwold@motleyrice.com
US PARKING: Faces "Lugue" Suit Over Failure to Pay Overtime Wages
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Danilo Geronimo Mejia Luque, and all others similarly situated v.
U.S. Parking, Inc., and Joseph Padovano, Case No. 1:16-cv-21436-
DPG (S.D. Fla., April 22, 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 parking service company in Dade
County, Florida.
The Plaintiff is represented by:
J.H. Zidell, Esq.
J.H. ZIDELL, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Telephone: (305) 865-6766
Facsimile: (305) 865-7167
E-mail: ZABOGADO@AOL.COM
VIRGIN AMERICA: Sued in Del. Over Proposed Alaska Air Merger
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Thomas Houston, individually and on behalf of all others similarly
situated v. Donald J. Carty, Samuel K. Skinner, Cyrus F.
Freidheim, Jr., Stephen C. Freidheim, Evan M. Lovell, Robert A.
Nickell, John R. Rapaport, Stacy J. Smith, Jennifer Vogel, and
Paul Wachter, Case No. 12235 (Del. Ch. Ct., April 21, 2016), is
brought on behalf of all public stockholders of Virgin America,
Inc., to enjoin the proposed acquisition of Virgin America by
Alaska Air Group by means of a flawed process and inadequate
consideration.
Virgin America operates a premium-branded, low-cost airline that
provides scheduled air travel in the United States and Mexico.
Alaska Air Group operates an airline holding company based in
SeaTac, Washington.
The Plaintiff is represented by:
Derrick B. Farrell, Esq.
James R. Banko, Esq.
FARUQI & FARUQI, LLP
20 Montchanin Road, Suite 145
Wilmington, DE 19807
Telephone: (302) 482-3182
Facsimile: (302) 482-3612
E-mail: dfarrell@faruqilaw.com
jbanko@faruqilaw.com
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