/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/160613.mbx C L A S S A C T I O N R E P O R T E R Monday, June 13, 2016, Vol. 18, No. 117 Headlines ABSOLUTE LAWN: Certification of Class Sought in "Bridges" Suit ADVANTAGE MEDICAL: "Spine & Sports" Sues Over Faxed Ads AIR LIQUIDE: Certification of Class of Field Technicians Sought ALABAMA, USA: Bids in "Dunn" Suit Denied Due to Impending Deal ALBERTVILLE, AL: Faces "Moore" Class Action ALICO INC: Stockholder Case Settlement Awaits Final Approval ALLIED APPLIANCE: Old Town Pizza Seeks Certification of Class AM RETAIL: Faces "Ramos" Suit in Cal. Super. Ct. AMERICAN HONDA: Recalls Mini Tillers Due to Injury Risk AMTECH SYSTEMS: $325,000 Fees and Expenses Paid in Full in April APPLIED UNDERWRITERS: Faces Tapia Suit in S.D.N.Y. BANK OF AMERICA: "Kansas City" Sues Over Anti-Trust Violations BERKSHIRE HATHAWAY: Sued in Fla. Over Deceptive Trade Practices BIG T ENERGY: "Schones" Suit to Recover Minimum, Overtime Pay BLAIN SUPPLY: Certification of Class Sought in "Serifoski" Suit BOEHRINGER INGELHEIM: Faces 2 Lawsuits in Conn. Super. Ct. BOEHRINGER INGELHEIM: 5 Suits Filed in Conn. Over Pradaxa (R) BOX COMPONENTS: Recalls Bicycle Forks Due to Fall Hazard BROAN-NUTONE LLC: Recalls Ventilation Fans Due to Fire Hazard BROWARD COUNTY, FL: Certification of Class Sought in "Ruffino" BURGER'S OZARK: Recalls Pulled Pork Products Due to Misbranding BUTTERFIELD FOODS: Recalls Broccoli Salad Dressing Products CASHFORIPHONES.COM: "Washington" Suit Moved from S.D. Cal to Nev. CBL & ASSOCIATES: "French" Sues Over Share Price Drop CLEARSPRING LOAN: Babbitt Seeks Certification of Two Classes CLOUGHERTY PACKING: Faces "Salazar" Wage and Hour Suit in Calif. CMRE FINANCIAL: Certification of Class Sought in "Neldner" Suit COLLECTION TECHNOLOGY: Kaczynski Seeks Certification of Class COMPUTER SCIENCES: Strauch Seeks Certification of Three Classes CONWAY PROWASH: Class Certification Bid in "Steimel" Suit Tossed CREDENCE RESOURCE: Pinkney Seeks Certification of Class in Wisc. CROATIA: Class Certification Sought in "Lalich" Holocaust Suit CURREY & COMPANY: Recalls Crystal Chandeliers Due to Fall Risk DENTAL RESOURCE: Certification of Class Sought in "Neuer" Suit DIODES INCORPORATED: Pension Trust Fund Suit Concluded DOMETIC CORP: To Seek Dismissal of "Papasan" Class Suit EASTMAN KODAK: Awaits Final Approval of ERISA Case Settlement ECOLAB INC: Still Defending 5 Wage Hour Suits ECHO THERAPEUTICS: Misled Stockholders Over Fee-Shifting Bylaw EQT PRODUCTION: Renewed Class Certification Bid Due on Sept. 30 EZPAWN FLORIDA: Court Refuses to Certify Class; Junks "Ward" Suit FEDERAL NATIONAL: D.C. Circuit Heard Oral Argument on Appeal FERRING PHARMACEUTICALS: Faces "Rosas" Suit in D.N.J. FITBIT INC: "Rivera" SEC Fraud Suit Removed to N.D. Cal. GARDEN FRESH: FLSA Class Certification Sought in "Johnson" Suit GARMIN LTD: Wins Preliminary Approval of "Katz" Suit Settlement GENERAL MILLS: Recalls Flour Products Due to E. Coli GLOBAL EFFECTS: "Crosson" Suit seeks Minimum Wages, Overtime GOLDEN 1: "Cyr" Suit Seeks Unpaid Wages Under Labor Code GOOGLE INC: Svenson Seeks Certification of Class and Subclass GREENES ENERGY: "Lee" Labor Suit Transferred to W.D. Pa. HESKA CORP: Class Cert. Bid in "Fauley" Suit Under Advisement HARVEY & MADDING: Sued in Cal Super. Ct. Over False Advertisement HED CYCLING: Recalls Hed Black Rims Due to Crash Hazard HOLLANDER SLEEP: Recalls Mattress Pads Due to Fire Hazard HOME HEALTH: Conditional Certification Granted in "Jasper" Suit HUNGARY: Star Seeks Class Certification of Suit Over Holocaust INDOFF INC: Hearing on Bid to Certify Class Continued to July 7 INTERNATIONAL PAPER: Kleen Products Action in Discovery Stage INTERNATIONAL PAPER: Still Defends Homebuilders' Lawsuit INTERNATIONAL PAPER: Canada Case Settlement Subject to Negotiation JAMES STEWART: Class Certification in "Pipkins" Suit Dismissed KASHI COMPANY: Recalls Granola Products Due to Listeria KBK SERVICES: Court Certifies FLSA Class in "Ricard" Suit KEARNES PAINTING: Certification of Class Sought in "Miller" Suit KIMBERLY-CLARK CORP: Bahamas Surgery Seeks Class Certification LASERSHIP INC: Faces "Knox" Suit E.D. Penn. LINCOLN NATIONAL: Expects Lehman Brothers Action to Be Dismissed MANHATTAN BEER: "Mejia" Suit to Recover OT, Damages MAYBORN USA: Recalls Spill-Proof Cups Due to Mold Risk MDL 2179: Nalco Still Defends Oil Spill Litigation MDL 2437: Interlocutory Appeal of Summary Judgment Order Okayed MEADOW GOLD: Recalls Whipping Cream Products MERCEDES-BENZ USA: Callaway Seeks Certification of SUV Class MIAMI-DADE COUNTY: Checker Suit Moved from Cir. Ct. to S.D. Fla. MIDLAND CREDIT: Wins Summary Judgment in "Huebner" Class Suit MILLER ALE HOUSE: "Morello" Suit to Recover OT and Minimum Pay MIRKA USA: Recalls Orbital Sanders Due to Fire Hazard MISTRAS GROUP: Plaintiff's Settlement Approval Motion Due July 5 MORGANS HOTEL: "Sinclair" Sues Over Breach of Fiduciary Duties NANTKWEST: "Hare" Action Alleges SEC Irregularities NATIONAL AUTO: Faces "Mouw" Suit in D.N.J. NEW YORK TIMES: Settlement Talks Fail NOBLE HOUSE: Recalls Counter Stools Due to Laceration Hazard NORTH AMERICAN BANCARD: West Loop Seeks Certification of Class O-TEX PUMPING: Conditional Certification in "Wright" Suit Denied OAKWOOD, OH: Thompson Seeks Certification of Class of Sellers OHIO, USA: Williams Seeks Certification of Dayton Prisoners Class OSPREY CHILD: Recalls Child Backpack Carriers Due to Fall Risk PALATINE, IL: Certification of Class Sought in "Collins" Suit PFIZER INC: "Ulbinsky" Sues Over Viagra Side Effects PFIZER INC: "Kersmarki" Sues Over Viagra Side Effects PRIMESOURCE HEALTH CARE: "Wilson" Suit to Recover Overtime Pay PUBLIX SUPER: Recalls Nut, Seed and Raisin Mix Due to Listeria PVH CORPORATION: Faces "Ramos" Suit in Cal. Super. Ct. RANDY'S TRUCKING: "Phillips" Suit Seeks OT Pay, Damages RESULTS COMPANIES: Mulligan Seeks Certification of FLSA Class RESURGENT CAPITAL: Wins Prelim. Nod of "Fritz" Suit Settlement RHEEM SALES: Recalls Electric Water Heaters Due to Burn Hazard ROBERTSON'S READY MIX: "Peruch" Suit Seeks Unpaid Wages RUBY TUESDAY: Class Certification Sought in "Krystek" Suit S2VERIFY: Hawkins Seeks Certification of Class in California SALAAM BOMBAY: Faces "Zhu" Suit in S.D.N.Y. SAM WON GAHK: Faces "Pichol" Suit in E.D.N.Y. SAMSUNG ELECTRONICS: "Coleman-Anacleto" Suit Moved to N.D. Cal. SBS TRANSPORT: "Hagen" Sues Over OT Pay, Illegal E-mail Access SCHLEE & STILLMAN: Faces "Feldbrand" Suit in E.D.N.Y. SID WAINER: Recalls Tart Shell Products Due to Tree Nuts SOLOMON SNACKS: Recalls Meat Pie Products Due to Misbranding SPD SWISS: Bid for Class Certification in "Olvera" Suit Stricken STANDARD DISTRIBUTION: "Castro" Suit Moved to E.D. Cal. SUGAR TRANSPORT: Stipulation Over Class Action Notice Entered SUN TRANSACTIONS: Central Alarm Seeks Certification of Class SUNSHINE USA: "Zhang" Suit to Recover OT, Costs and Expenses SWEET EARTH: Recalls Big Sur Burrito Due to Packaging Error SYMBOL TECHNOLOGIES: Seeks to Limit Securities Suit Class Period TAYLOR FARMS: Recalls Chicken Salad Product Due to Misbranding TJX COMPANIES: Recalls Foldable Lounge Chairs Due to Fall Risk TORNADO PRODUCTION: "Kinikin" Suit to Recover Overtime Pay TRANSNATIONAL BANKCARD: Old Town Pizza Seeks Class Certification TROYER(R) CHEESE: Recalls Nut Products Due to Listeria TVI INC: "Godhigh" Suit to Recover Unpaid Overtime Wages UNILIFE CORP: "Gomez" Sues Over Share Price Drop UNITED RECEIVABLES: Class Certification Sought in "Rheuark" Suit VITAMINERALS VM: Faces Comprehensive Suit in S.D. Fla. VOLKSWAGEN GROUP: Faces "Molwitz" Suit in D.N.J. WAFFLE HOUSE: Certification of 3 Classes Sought in "Jones" Suit WAL-MART STORES: Nikmanesh Seeks Certification of Five Classes WEXFORD HEALTH: Kucinsky Seeks Certification of Prisoners Class WHOLE FOODS: Recalls Kimchi Products Due to Fish & Nuts WILD PURGE: "Stanat" Suit to Recover Overtime Pay WINDSOR PROPERTY: "Hughes" Sues Over Denied Pay Stubs WORLDWIDE FLIGHT: "Bautista" Suit Seeks Wages Under Labor Code ********* ABSOLUTE LAWN: Certification of Class Sought in "Bridges" Suit -------------------------------------------------------------- The Plaintiffs in lawsuit titled TONY BRIDGES, JONAS THEOPHILE, DEREK CHAIRS, and JUAN CALDERON, on behalf of themselves and all others similarly situated v. ABSOLUTE LAWN CARE LA, LLC, and ROBERT L. ROGERS, Case No. 2:16-cv-00448-NJB-JCW (E.D. La.), move for conditional certification and class certification. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=LZiMHJaE The Plaintiffs are represented by: Christopher L. Williams, Esq. WILLIAMS LITIGATION, L.L.C. 639 Loyola Ave., Suite 1850 New Orleans, LA 70113 Telephone: (504) 308-1438 Facsimile: (504) 308-1446 E-mail: chris@williamslitigation.com ADVANTAGE MEDICAL: "Spine & Sports" Sues Over Faxed Ads ------------------------------------------------------- Spine & Sports Chiropractic, Inc., individually, and as the representatives of a class of similarly-situated persons, Plaintiffs, v. Advantage Medical Equipment & Supply, Inc. and John Does 1-10, Defendants, Case No. 1:16-cv-01321-RLY-MPB (S.D. Ind., May 27, 2016), seeks actual monetary loss, enjoinment from additional violations and pre-judgment interest, costs and such further relief under the Telephone Consumer Protection Act of 1991. Spine & Sports Chiropractic is an Ohio corporation, operating a medical clinic located at 4000 Indianola Avenue in Columbus, Ohio. Advantage Medical is an Indiana corporation with its principal place of business located at 12415 N. Old Meridian in Carmel, IN 46032. It sells medical supplies and other products primarily to medical providers such as rehabilitation, physical therapy, and primary care facilities. It allegedly sent faxed ads to the Plaintiff without prior consent. Plaintiff is represented by: George D. Jonson, Esq. Matthew E. Stubbs, Esq. MONTGOMERY, RENNIE & JONSON 36 E. Seventh Street, Suite 2100 Cincinnati, OH 45202 Tel: (513) 241-4722 Fax: (513) 241-8775 (fax) Email: gjonson@mrjlaw.com mstubbs@mrjlaw.com AIR LIQUIDE: Certification of Class of Field Technicians Sought --------------------------------------------------------------- The Plaintiff in the lawsuit entitled JOSEPH L. BRACKIN Individually on behalf of himself and on behalf of all others similarly situated v. AIR LIQUIDE INDUSTRIAL U.S., L.P., Case No. 2:15-cv-04945-GEKP (E.D. Pa.), moves for conditional certification of a collective class of Field Service Technicians, under the Fair Labor Standards Act, who were working for the Defendant, and denied pay while on-call. Mr. Brackin also seeks authority to send Court-supervised notice to potential opt-in plaintiffs. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=QXd6nP11 The Plaintiff is represented by: Christopher J. Delgaizo, Esq. KRAEMER MANES & ASSOCIATES, LLC 1 150 1St Avenue, Suite 501 King of Prussia, PA 19460 Telephone: (610) 844-1779 Facsimile: (610) 646-7436 E-mail: CD@lawkm.com ALABAMA, USA: Bids in "Dunn" Suit Denied Due to Impending Deal -------------------------------------------------------------- The Hon. Myron H. Thompson entered an order in the lawsuit styled JOSHUA DUNN, et al. v. JEFFERSON S. DUNN, in his official capacity as Commissioner of the Alabama Department of Corrections, et al., Case No. 2:14-cv-00601-MHT-TFM (M.D. Ala.). In light of the pending joint motion for preliminary approval of the parties' settlement of Phase 1, the Court ordered that the pending motions related to the trial of that phase -- namely, the Plaintiffs' motion for Phase 1 class certification, and the parties' joint motion for entry of an order on Phase 1 trial exhibits -- are denied with leave to renew should the Court not approve the proposed settlement. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=D6Dryj3w ALBERTVILLE, AL: Faces "Moore" Class Action ------------------------------------------- A lawsuit has been filed against City of Albertville. The case is captioned Carrie Moore and Gary Peppers, individually and for a class of similarly situated persons or entities, the Plaintiff, v. City of Albertville, a Municipal Corporation, the Defendant, Case No. 4:16-cv-00914-VEH (N.D. Ala., June 1, 2016). The assigned Judge is Virginia Emerson Hopkins. Albertville is located in Marshall County in the northeast corner of Alabama. The Plaintiff is represented by: G. Daniel Evans, Esq. Alexandria Parrish, Esq. THE EVANS LAW FIRM, P.C. 1736 Oxmoor Road, Suite 101 Birmingham, AL 35209 Telephone: (205) 870 1970 Facsimile: (205) 870 7763 E-mail: gdevans@evanslawpc.com ap@evanslawpc.com ALICO INC: Stockholder Case Settlement Awaits Final Approval ------------------------------------------------------------ Alico, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 5, 2016, for the quarterly period ended March 31, 2016, that the settlement of a consolidated class action lawsuit remains subject to final judicial approval. On March 11, 2015 a putative stockholder class action lawsuit captioned Shiva Y. Stein v. Alico, Inc., et al., No. 15-CA-000645 (the "Stein lawsuit") was filed in the Circuit Court of the Twentieth Judicial District in and for Lee County, Florida, against Alico, Inc. ("Alico"), its current and certain former directors, 734 Citrus Holdings, LLC d/b/a Silver Nip Citrus, 734 Investors, LLC ("734 Investors"), 734 Agriculture, LLC ("734 Agriculture") and 734 Sub, LLC ("734 Sub") in connection with the acquisition of Silver Nip by Alico (the "Acquisition"). The complaint alleges that Alico's directors at the time of the Acquisition, 734 Investors, and 734 Agriculture, breached fiduciary duties to Alico stockholders in connection with the Acquisition, and that Silver Nip and 734 Sub aided and abetted such breaches. The lawsuit seeks, among other things, monetary and equitable relief, costs, fees (including attorneys' fees) and expenses. On May 6, 2015 a putative stockholder class action and derivative lawsuit captioned Ruth S. Dimon Trust v. George R. Brokaw, et al., No. 15-CA-001162 (the "Dimon lawsuit") was filed in the Circuit Court of the Twentieth Judicial District in and for Lee County, Florida, against Alico, its current directors, Silver Nip Citrus, 734 Investors and 734 Agriculture, in connection with the Acquisition of Silver Nip Citrus by Alico. The complaint alleges claims for breach of fiduciary duty, gross mismanagement, waste of corporate assets and tortious interference with contract against Alico's directors, unjust enrichment against three of the directors and aiding and abetting breach of fiduciary duty against Silver Nip Citrus, 734 investors and 734 Agriculture. The lawsuit seeks, among other things, rescission of the Acquisition, an injunction prohibiting certain payments to Silver Nip Citrus members, unspecified damages, disgorgement of profits, costs, fees (including attorneys' fees) and expenses. On July 17, 2015 the plaintiffs in the Stein and Dimon lawsuits filed a stipulation and proposed order consolidating their cases for all purposes under the caption, In re Alico, Inc. Shareholder Litigation, Master File No. 15-CA-000645 (the "Consolidated Action") and seeking the appointment of a lead plaintiff and lead and liaison counsel. The court entered that proposed order on July 21, 2015. On October 16, 2015, the lead plaintiff in the Consolidated Action reported to the Court that the parties reached an agreement in principle to settle the Consolidated Action and other claims related to the Acquisition and that they were in the process of formally documenting their agreements. The proposed settlement contemplates that Alico will adopt certain changes to its corporate governance practices, policies and procedures concerning related party transactions, that the Consolidated Action will be dismissed and that all claims that were or could have been asserted challenging any aspect of the Acquisition will be released. On March 31, 2016, the parties entered into a Stipulation of Settlement. The parties filed an Amended Stipulation of settlement with the Court on April 22, 2016. On April 28, 2016, the Court entered an order preliminarily approving the settlement and providing for notice to relevant Alico shareholders. The settlement remains subject to final judicial approval following notice to the relevant Alico shareholders and a settlement hearing at which the Court will consider the fairness, reasonableness and adequacy of the settlement. In connection with the proposed settlement, the parties contemplate that plaintiffs' counsel will seek an award of attorneys' fees and expenses. There can be no assurance that the Court will approve the settlement. Alico, Inc. is a Florida agribusiness and land management company owning approximately 121,000 acres of land throughout Florida, including approximately 90,000 acres of mineral rights. ALLIED APPLIANCE: Old Town Pizza Seeks Certification of Class ------------------------------------------------------------- The Plaintiff in the lawsuit captioned OLD TOWN PIZZA OF LOMBARD, INC., an Illinois corporation, individually and as the representative of a class of similarly-situated persons v. ALLIED APPLIANCE SALES COMPANY, SHIRLEY R. ZIMRING and JOHN DOES 1-10, Case No. 1:16-cv-05254 (N.D. Ill.), submits its motion for class certification pursuant to Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011). The Plaintiff proposes this class definition: All persons who (1) on or after four years prior to the filing of this action, (2) were sent telephone facsimile messages of material advertising the commercial availability or quality of any property, goods, or services by or on behalf of Defendants, and (3) which Defendants did not have prior express permission or invitation, or (4) which did not display a proper opt-out notice. Old Town Pizza alleges that the Defendants sent it and others a standardized form advertisement. Old Town Pizza anticipates that the proposed class definition will change after discovery defines the precise contours of the class and the advertisements that were sent. Old Town Pizza asks for leave to submit a brief and other evidence in support of the Motion after discovery about the class elements has been completed. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=yjDZFasl The Plaintiff is represented by: Brian J. Wanca, Esq. ANDERSON + WANCA 3701 Algonquin Road, Suite 500 Rolling Meadows, IL 60008 Telephone: (847) 368-1500 Facsimile: (847) 368-1501 E-mail: bwanca@andersonwanca.com AM RETAIL: Faces "Ramos" Suit in Cal. Super. Ct. ------------------------------------------------ A lawsuit has been filed against AM Retail Group, Inc. The case is captioned Maria Ramos, on behalf of herself and all others similarly situated, the Plaintiff, v. Does 1-100, inclusive and AM Retail Group, Inc., a Delaware Corporation, the Defendant, Case No. CGC 16 552324 (Cal. Super. Ct. June 1, 2016). AM Retail operates retail stores in the United States. Its stores offer men and women outerwear, as well as fashion accessories. AMERICAN HONDA: Recalls Mini Tillers Due to Injury Risk ------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with American Honda Motor Company, Inc., of Torrance, Calif., announced a voluntary recall of about 219,000 Mini Tillers (in addition, about 7,000 were sold in Canada). Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. The throttle cable can be pinched during packaging, causing the tiller tines to rotate unexpectedly when the lever is not engaged, posing a risk of serious injury to consumers. This recall involves Honda FG110K1AT Mini Tillers. The mini tillers have gasoline engines that power rotating tines to dig into the ground and cultivate the soil. The mini tillers are red and black with "HONDA" printed on the front tine guard and are about 14 inches wide by 39 inches tall. The serial number range included in this recall is from FAAA-1200001 through 1540521. The serial number is printed on the top side cover of the tillers. Honda has received 30 reports of throttle cable damage. No injuries have been reported. Pictures of the Recalled Products available at: https://is.gd/DVi89r The recalled products were manufactured in U.S. and sold at Honda Power Equipment dealers and Home Depot stores nationwide and online at www.homedepot.com from December 2007 through March 2016 for between $350 and $380. Consumers should immediately stop using the recalled mini tillers and contact their local authorized Honda dealer to schedule an appointment to have the throttle cable inspected for damage and repaired free of charge. AMTECH SYSTEMS: $325,000 Fees and Expenses Paid in Full in April ---------------------------------------------------------------- Amtech Systems, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 5, 2016, for the quarterly period ended March 31, 2016, that BTU, its insurer(s), or its successor(s) in interest are responsible for payment of fees and expenses in the amount of $325,000 which were paid in full on April 1, 2016. On February 18, 2016, the Delaware Court entered the Order approving the Amended Stipulation of Settlement. As a result, the Released Claims were dismissed with prejudice and without any admission of wrongdoing by any of the parties to the Stockholder Actions. Pursuant to the Amended Stipulation of Settlement, BTU, its insurer(s), or its successor(s) in interest are responsible for payment of fees and expenses in the amount of $325,000 which were paid in full on April 1, 2016. Shortly after the Company entered into the merger agreement with BTU, two separate putative stockholder class action complaints (together, the "Stockholder Actions") were filed in the Court of Chancery of the State of Delaware (the "Delaware Court"). The first was filed on November 4, 2014 and the second on November 17, 2014, on behalf of BTU's public stockholders, against BTU, members of the BTU board, Amtech and the special purpose merger subsidiary. The Stockholder Actions were consolidated on December 4, 2014. The complaints generally alleged that, in connection with entering into the merger agreement, the BTU board of directors breached certain fiduciary duties owed to BTU's stockholders. The complaints sought various forms of declaratory and injunctive relief, as well as compensatory damages. On February 18, 2016, the Delaware Court entered the Order approving the Amended Stipulation of Settlement. As a result, the Released Claims were dismissed with prejudice and without any admission of wrongdoing by any of the parties to the Stockholder Actions. Pursuant to the Amended Stipulation of Settlement, BTU, its insurer(s), or its successor(s) in interest are responsible for payment of fees and expenses in the amount of $325,000 which were paid in full on April 1, 2016. The Released Claims are limited solely to claims related to any disclosures (or lack thereof) to BTU's stockholders concerning the merger and any fiduciary claims concerning the decision to enter into the merger. "While we are currently unaware of any other pending or threatened litigation related to additional claims arising from the Stockholder Actions, any future claims are uncertain, so additional harm could potentially result to the Company from this litigation, which may cause the Company to incur substantial costs and divert management's attention from operational matters," the Company said. APPLIED UNDERWRITERS: Faces Tapia Suit in S.D.N.Y. -------------------------------------------------- A lawsuit has been filed against Applied Underwriters Captive Risk Assurance. The case is captioned Ronal Elizaul Guerrero Tapia, on behalf of himself and others similarly situated, the Plaintiff, v. Applied Underwriters Captive Risk Assurance Company, Inc., Case No. 1:16-cv-04018 (S.D.N.Y., May 30, 2016). The lawsuit was filed pursuant to the Fair Labor Standards Act. BANK OF AMERICA: "Kansas City" Sues Over Anti-Trust Violations -------------------------------------------------------------- Kansas City, Missouri Employees Retirement System, on behalf of itself and all others similarly situated, v. Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Barclays PLC, Barclays Bank PLC, Barclays Capital Inc., BNP Paribas, S.A., BNP Paribas Securities Corp., Citigroup, Inc., Citibank, N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc. , The Goldman Sachs Group, Inc. , Goldman, Sachs & Co., Goldman Sachs Bank USA, Goldman Sachs Financial Markets, L.P., Goldman Sachs International, HSBC Bank PLC, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., Icap Capital Markets LLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., J.P. Morgan Securities LLC, J.P. Morgan Securities PLC, Morgan Stanley, Morgan Stanley Bank, N.A., Morgan Stanley & Co. LLC, Morgan Stanley Capital Services LLC, Morgan Stanley Derivative Products Inc., Morgan Stanley & Co. International PLC, Morgan Stanley Bank International Limited, The Royal Bank of Scotland Group PLC, Royal Bank of Scotland PLC, RBS Securities Inc., Tradeweb Markets LLC, UBS AG and UBS Securities LLC, Defendants, Case No. 1:16-cv-4005 (S.D. N.Y., May 27, 2016), seeks treble damages and injunctive relief for violation of Section 1 of the Sherman Act. Defendants are the primary incumbent dealers of interest rate swaps in the United States and collectively dominate the market. Plaintiff alleges that the Defendants' anticompetitive conduct in the market for interest rate swaps lack the price transparency and effective competition of accepting bids and offers from anonymous market participants to match that of willing buyers and sellers at a competitive real-time price. The Defendants are represented by: Blair A. Nicholas, Esq. Benjamin Galdston, Esq. David Kaplan, Esq. Lucas Gilmore, Esq. Brandon Marsh, Esq. BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 12481 High Bluff Drive, Suite 300 San Diego, CA 92130 Tel: (858) 720-3183 Fax: (858) 793-0323 Email: blairn@blbglaw.com benjaming@blbglaw.com davidk@blbglaw.com lucasg@blbglaw.com brandonm@blbglaw.com - and - Scott Martin, Esq. HAUSFELD LLP 33 Whitehall Street 14th Floor New York, NY 10004 Tel: (646) 357-1100 Fax: (212) 202-4322 Email: smartin@hausfeld.com - and - Michael D. Hausfeld, Esq. William B. Butterfield, Esq. Swathi Bojedla, Esq. HAUSFELD LLP 1700 K Street NW, Suite 650 Washington, DC 20006 Tel: (202) 540-7200 Fax: (202) 540-7201 Email: mhausfeld@hausfeld.com wbutterfield@hausfeld.com sbojedla@hausfeld.com - and - Michael P. Lehmann, Esq. Bonny E. Sweeney, Esq. Christopher L. Lebsock, Esq. HAUSFELD LLP 600 Montgomery Street, Suite 3200 San Francisco, CA 94111 Tel: (415) 633-1908 Fax: (415) 358-4980 Email: mlehmann@hausfeld.com bsweeney@hausfeld.com clebsock@hausfeld.com BERKSHIRE HATHAWAY: Sued in Fla. Over Deceptive Trade Practices --------------------------------------------------------------- Esteban Galan and Noremy Perez, individually, and on behalf of themselves, and all others similarly situated, the Plaintiffs, v. Berkshire Hathaway Automotive, Inc., a Delaware corporation, dba Serramonte Ford; San Mateo Credit Union, a California corporation; Safeamerica Credit Union, a California corporation, and Does 1- 500, inclusive, the Defendants, Case No. 0:15-cv-62634-PAS (S.D. Fla., June 1, 2016), seeks declaratory and injunctive relief, and, amount in controversy, including Plaintiffs' statutory claim for award of reasonable attorney's fees as a result of Defendants alleged false and misleading representations, and failures to provide mandatory disclosures and/or unfair and deceptive practices, in violation of the Consumers Legal Remedies Act, Rees- Levering Motor Vehicle Sales and Finance Act, California Business and Professions Code, Untrue, and False and/or Misleading Advertisement. Berkshire buys repairs and re-sells used vehicles to the general public, and, takes vehicles in trade. The Plaintiff is represented by: Louis A. Liberty, Esq. LOUIS LIBERTY & ASSOCIATES, PLC 553 Pilgrim Drive, Suite A Foster City, CA 94404 Telephone: (650) 341 0300 Facsimile: (650) 403 1783 E-mail: lou@carlawyer.com - and - Michael R. Wendlberger, Esq. 533 Airport Blvd., Suite 400 Burlingame, CA 94010 E-mail: mike@mrwesq.com BIG T ENERGY: "Schones" Suit to Recover Minimum, Overtime Pay ------------------------------------------------------------- Cody Schones and Leo Calvillo, on behalf of themselves and all others similarly situated, Plaintiffs, v. Big T Energy Services, LLC, and Apache Corporation, Defendants, Case No. 5:16-cv-00483-FB (W.D. Tex., May 27, 2016), seeks actual damages in the amount of unpaid overtime wages, damages in the amount of unpaid minimum wages, liquidated damages, post-judgment interest, costs and reasonable attorney fees and all other relief pursuant to the Fair Labor Standards Act. Plaintiffs worked as pumpers/lease hands on Apache Leases and were labeled as independent contractors by Big T and/or Apache. Apache held leases in the Permian Basin with numerous oil and/or gas wells with Big T energy providing labor requirements to Apache. Plaintiff is represented by: Allen R. Vaught, Esq. Baron & Budd, P.C. 3102 Oak Lawn Avenue, Suite 1100 Dallas, TX 75219 Tel: (214) 521-3605 Fax: (214) 520-1181 Email: vaught@baronbudd.com - and - Glenn D. Levy, Esq. LAW OFFICE OF GLENN D. LEVY 906 Basse Road, Suite 100 San Antonio, TX 78212 Telephone: (210) 822-5666 Facsimile: (210) 822-5650 Email: glenn@glennlevylaw.com BLAIN SUPPLY: Certification of Class Sought in "Serifoski" Suit --------------------------------------------------------------- The Plaintiff moves the Court to certify the class described in the complaint of the lawsuit titled MEFAIL SERIFOSKI, Individually and on behalf of all others similarly situated v. BLAIN SUPPLY, INC., d/b/a BLAIN'S FARM & FLEET, and SYNCHRONY BANK, Case No. 2:16-cv-00656-WED (E.D. Wisc.). The Plaintiff further asks the Court both to stay the motion for class certification and to grant the Plaintiff (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiff contends. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=yAKOJCek The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com BOEHRINGER INGELHEIM: Faces 2 Lawsuits in Conn. Super. Ct. ---------------------------------------------------------- Two class action lawsuits have been filed against Pharmaceuticals, Inc. and Boehringer Ingelheim International GmbH, in Connecticut Superior Court, Hartford Judicial District. The lawsuits seek compensatory, consequential and punitive damages, as a result of Defendants' reckless disregard for safety of patients, to whom Pradaxa (TM) was promoted and sold for use, and as a direct and proximate consequence of Defendants' reckless disregard for patient safety, in violations of the Connecticut Products Liability Act. According to the complaints, the Defendants negligently designed and formulated Pradaxa (TM) and its packaging, labeling, prescribing information and patient medication guide which rendered Pradaxa (TM) defective. The Defendants were engaged in the business of designing, licensing, manufacturing, distributing, selling, marketing, and/or introducing into interstate commerce, either directly or indirectly through third parties or related entities, the prescription anticoagulant drug sold under the name Pradaxa (TM), throughout the State of Connecticut. Pradaxa (TM) helps to prevent platelets in blood from sticking together and forming a blood clot. The cases are: -- Sarah Mast, and others similarly situated, the Plaintiff, v. Boehringer Ingelheim Pharmaceuticals, Inc.; and Boehringer Ingelheim International Gmbh, the Defendants, Consolidated Pradaxa Docket. Plaintiff's Counsel Neal L. Moskow, Esq. URY & MOSKOW, LLC 833 Black Rock Turnpike Fairfield, CT 06825 Telephone: (203) 610 6393 Facsimile: (203) 610 6399 E-mail: neal@urymoskow.com -- Lillie Patterson, and others similarly situated, the Plaintiff, v. Boehringer Ingelheim Pharmaceuticals, Inc.; and Boehringer Ingelheim International Gmbh, the Defendants (Case No. HHD-CV-16- 6068752-S, June 1, 2016) Plaintiff's Counsel Neal L. Moskow, Esq. URY & MOSKOW, LLC 833 Black Rock Turnpike Fairfield, CT 06825 Telephone: (203) 610 6393 Facsimile:(203) 610 6399 E-mail: neal@urymoskow.com BOEHRINGER INGELHEIM: 5 Suits Filed in Conn. Over Pradaxa (R) ------------------------------------------------------------- Five cases were filed on May 27 against Boehringer Ingelheim Pharmaceuticals, Inc. in Connecticut Superior Court. The lawsuits allege that dabigatran etexilate mesylate or Pradaxa (R) caused gastrointestinal bleeding as a result of ingestion as treatment for non-valvular atrial fibrillation. Boehringer is a Delaware pharmaceutical corporation with its principal place of business at 900 Ridgebury Road, Ridgefield, Connecticut 06877. It is a subsidiary of Boehringer Ingelheim GmbH based in Binger Strasse 173, 55216 Ingelheim am Rhein, Germany. It directly or through their agents, manufactured, marketed, advertised, distributed, promoted, labeled, tested and sold Pradaxa. The cases are: -- Douglas Ramey v. Boehringer Ingelheim Pharmaceuticals, Inc. and Boehringer Ingelheim International GmBH, Case No: HHD-CV-16- 6068658-S. -- Robert Walden v. Boehringer Ingelheim Pharmaceuticals, Inc. and Boehringer Ingelheim International GmBH, Defendants, Case No. HHD- CV-16-6067827-S. Nancy Feather, Plaintiff, v. Boehringer Ingelheim Pharmaceuticals, Inc. and Boehringer Ingelheim International GMBH, Defendants, Case No. HHD-CV-16-6068655-S. Kenneth Tingley, Plaintiff, v. Boehringer Ingelheim Pharmaceuticals, Inc. and Boehringer Ingelheim International GmbH, Defendants, Case No. HHD-CV-16-6068656-S Plaintiffs are represented by: Neal L. Moskow, Esq. URY & MOSKOW, LLC 833 Black Rock Turnpike Fairfield, CT 06825 Tel. 203-610-6393 Fax. 203-610-6399 Email: neal@urymoskow.com - and - Russell T. Abney, Esq. Ferrer, Poirot Wansbrough Feller Daniel Abney & Linville 2100 RiverEdge Parkway, Suite 720 Atlanta, GA 30328 Tel: 800-521-4492 Fax: 214-526-6026 Email: rabney@lawyerworks.com -- Alicia Kalka, individually, as next of kin and as personal representative of the estate of Betty Lawson, deceased, v. Boehringer Ingelheim Pharmaceuticals, Inc. and Boehringer Ingelheim International GmbH, Defendants, Case No. HHD-CV-16- 6068653-S. Plaintiff is represented by: Neal L. Moskow, Esq. URY & MOSKOW, LLC 833 Black Rock Turnpike Fairfield, CT 06825 Tel. 203-610-6393 Fax. 203-610-6399 Email: neal@urymoskow.com - and - Lynn Seithel, Esq. SEITHEL LAW FIRM John's Island, SC 29457 Tel. 843-557-1699 Fax. 800-818-0433 Email: lynn@seithellaw.com - and - Ellen A. Presby, Esq. NUMEROFF LAW FIRM 2626 Cole Ave, Suite 450 Dallas, TX 75204 Tel. 214-774-2258 Fax. 214-393-7897 Email: ellenpresby@numerofflaw.com BOX COMPONENTS: Recalls Bicycle Forks Due to Fall Hazard -------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Box Components Inc., of Anaheim, Calif., announced a voluntary recall of about 4,100 Bicycle forks. Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. The steer tube can become loose in the crown of the fork, posing a fall hazard. This recall involves Box Components' carbon fiber BMX bicycle forks. The forks are black with "BOX" printed in white on the side. The model numbers are printed in white letters on the front face of fork crown. The affected models have one of the following three serial numbers printed above the crown: 140508, 140606 or 140702. The affected models include: Model Numbers Specification ------------- ------------- XE 20 inch, 10 mm XE 24 inch, 10 mm XL 20 inch, 10 mm XL 24 inch, 10 mm XS 20 inch, 10 mm Box Components has received 242 reports of loosened tubes. No falls or injuries have been reported. Pictures of the Recalled Products available at: https://is.gd/Q0PrII The recalled products were manufactured in China and sold at Independent bike shops and online at www.danscomp.com and www.jrbicycles.com from July 2013 through April 2015 for about $300. Consumers should immediately stop using the recalled forks and contact Box Components for a free replacement bicycle fork. BROAN-NUTONE LLC: Recalls Ventilation Fans Due to Fire Hazard ------------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Broan-NuTone LLC, of Hartford, Wis., announced a voluntary recall of about 450 Ventilation fans in U.S. (in addition, 200 were sold in Canada). Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. The fan motor can overheat, posing a fire hazard. This recall involves L500 series fans designed to circulate air in and out of a home or building. The fans were sold in nine brands and have the model information printed on the specification label affixed to the blower assembly. Fans included in the recall are: Brand Name Model Number ---------- ------------ Broan L500, L500K, L500KL, L500L, S97014819, S97014820, S99080487 Twin City Fan T500, T500L Carnes VCDD050C, VCDD050I Acme Eng and Mfg Co VQL500, VQ500 WW Grainger 1AAD3, 4TR58, 4TR59, 4YG83 Captive Aire CFA500 American CoolAir CFL50A1151 Solar and Palau FFC500, FF500 American Coolair Corp. IL50LA1151 No consumer incidents have been reported. Pictures of the Recalled Products available at: https://is.gd/YjMKpj The recalled products were manufactured in U.S. and sold at Heating, plumbing and building supply retailers nationwide and online from February 2016 through March 2016 for about $240. Consumers should immediately turn off and unplug the recalled fans and contact Broan to receive a free replacement fan. BROWARD COUNTY, FL: Certification of Class Sought in "Ruffino" -------------------------------------------------------------- The Plaintiffs in the lawsuit captioned DANIEL RUFFINO, ROSANNE CASALE, FRANTZ PIERRE, MOHAMMAD BUTT, MIDDLE RIVER ENTERPRISES INC. d/b/a DIAMOND CAB OF BROWARD COUNTY, CROSSTOWN TRANSPORTATION INC., and S & R SERVICE INC., on behalf of themselves and all others similarly situated v. BROWARD COUNTY, a political subdivision of Florida, Case No. 0:15-cv-62312-PAS (S.D. Fla.), move the Court for an order certifying a class, which is subdivided and defined as: (a) All individuals or entities that owned a Broward Taxicab Certificate prior to January 1, 2015 and still own said Certificate ("Taxi Certificate Class"); and (b) All individuals or entities that owned a Broward Luxury Sedan Certificate prior to January 1, 2015 and still own said Certificate ("Sedan Certificate Class"). The Plaintiffs allege that they brought the Action for themselves and for the hundreds of taxi and sedan certificate owners to seek redress and relief under constitutional law after Broward County amended its Motor Carriers Ordinance last year. The Plaintiffs contend that the County's amended Ordinance unconstitutionally created an arbitrary, unjust system with substantial disparities between those who engage in the very same business -- i.e. transporting individual passengers in a vehicle for-hire. They insist that those 2015 amendments also decimated property rights that had been well established by unique aspects of the Ordinance and the County's long-standing practices. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=vd8WXJ3T The Plaintiffs are represented by: Robert W. Kelley, Esq. Cristina M. Pierson, Esq. Kimberly L. Wald, Esq. KELLEY UUSTAL, PLC 500 North Federal Highway, Suite 200 Fort Lauderdale, FL 33301 Telephone: (954) 522-6601 E-mail: rwk@kulaw.com cmp@kulaw.com klw@kulaw.com The Defendant is represented by: Rene D. Harrod, Esq. Annika E. Ashton, Esq. Joni Armstrong Coffey, Esq. BROWARD COUNTY ATTORNEY'S OFFICE Governmental Center, Suite 423 115 South Andrews Avenue Ft. Lauderdale, FL 33301 Telephone: (954) 357-7600 E-mail: reneharrod@gmail.com annika.ashton@gmail.com BURGER'S OZARK: Recalls Pulled Pork Products Due to Misbranding --------------------------------------------------------------- Burger's Ozark County Cured, a California, Mo. establishment, is recalling approximately 150 pounds of pulled pork products due to misbranding, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today. The seasoned pulled pork items were produced and packaged on January 26, 2016. The product has the correct label on the front, but an incorrect label for a beef brisket product on the back. The following products are subject to recall: --- 1-lb. microwaveable tray packages containing "Burger's Smokehouse Signature Sauce Seasoned Pulled Pork with Barbeque Sauce." The products subject to recall bear establishment number "EST. 1161" inside the USDA mark of inspection and contain case code P816W with a use by/freeze by date of August 13, 2016. These items were shipped to retail locations in Missouri. The problem was discovered through a customer who called the company's service line. There have been no confirmed reports of adverse reactions due to consumption of these products. Anyone concerned about an injury or illness should contact a healthcare provider. BUTTERFIELD FOODS: Recalls Broccoli Salad Dressing Products ----------------------------------------------------------- Butterfield Foods, LLC., a Noblesville, Ind. establishment, is recalling approximately 15,966 pounds of broccoli salad dressing product that may be adulterated with Listeria monocytogenes, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today. The broccoli salad kit items were produced on various dates between Nov. 10, 2015 and May 25, 2016. The following product is subject to recall: --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 11/10/2015, bearing lot number 5314129, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 11/17/2015, bearing lot number 5321221, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 11/25/2015, bearing lot number 5328328, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 12/8/2015, bearing lot number 5342116, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 12/15/2015, bearing lot number 5349219, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 12/23/2015, bearing lot number 5356297, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 12/31/2015, bearing lot number 5363410, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 2/2/2016, bearing lot number 6033071, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 2/9/2016, bearing lot number 6040142, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 2/16/2016, bearing lot number 6047305, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 2/25/2016, bearing lot number 6054450, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 3/2/2016, bearing lot number 6061048, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 3/9/2016, bearing lot number 6068141, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 3/16/2016, bearing lot number 6075273, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 3/30/2016, bearing lot number 6089507, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 4/12/2016, bearing lot number 6103161, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 4/19/2016, bearing lot number 6110244, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 4/26/2016, bearing lot number 6117342, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 5/5/2016, bearing lot number 6124070, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 5/12/2016, bearing lot number 6131130, --- 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 5/18/2016, bearing lot number 6138250, and And 6-lb. cases containing two 3-lb packages of product labeled "Butterfield Foods Custom Food Production Broccoli Salad Kit" with a packaging date of 5/25/2016, bearing lot number 6145367. The product subject to recall bears establishment number EST. 6945 inside the USDA mark of inspection. The product has sell-by dates from December 10, 2015 through June 23, 2016. These items were shipped to retail locations in Indiana and Ohio and used to make prepared salad products further distributed to consumers at grocery delicatessens. The problem was discovered on June 2, 2016, when the establishment was notified by its distributor that the SunOpta sunflower kernel products used in the Butterfield Foods' Broccoli Salad Kit dressing product were involved in a recall due to possible contamination with Listeria monocytogenes. There have been no confirmed reports of adverse reactions due to consumption of the Butterfield Foods product being recalled. SunOpta's recall can be found at: http://www.fda.gov/Safety/Recalls/ucm504808.htm. Consumption of food contaminated with Listeria monocytogenes can cause listeriosis, a serious infection that primarily affects older adults, persons with weakened immune systems, and pregnant women and their newborns. Less commonly, persons outside these risk groups are affected. Listeriosis can cause fever, muscle aches, headache, stiff neck, confusion, loss of balance and convulsions sometimes preceded by diarrhea or other gastrointestinal symptoms. An invasive infection spreads beyond the gastrointestinal tract. In pregnant women, the infection can cause miscarriages, stillbirths, premature delivery or life-threatening infection of the newborn. In addition, serious and sometimes fatal infections can occur in older adults and persons with weakened immune systems. Listeriosis is treated with antibiotics. Persons in the higher-risk categories who experience flu-like symptoms within two months after eating contaminated food should seek medical care and tell the health care provider about eating the contaminated food. Consumers who have purchased prepared salad products that contain the recalled product from grocery delicatessens are urged not to consume them. These prepared salad products should be thrown away or returned to the place of purchase. If you are unsure whether or not the recalled product was used in your prepared salads, consult store management. CASHFORIPHONES.COM: "Washington" Suit Moved from S.D. Cal to Nev. ----------------------------------------------------------------- Helaina Washington, individually and on behalf of all others similarly situated, the Plaintiff, v. Cashforiphones.com, formerly known as: Cashforlaptops.com, the Defendant, Case No. 3:15-cv- 00627, was transferred from the U.S. District Court for the Southern District of California, to the U.S. District Court for the District of Nevada (Reno). The Nevada District Court assigned Case No. 3:16-cv-00300-LRH-WGC to the proceeding. Cashforiphones.com sells brand new, used or broken iPhones. The Plaintiff is represented by: Gillian L. Wade, Esq. Sara Dawn Avila, Esq. MILSTEIN, ADELMAN & KREGER, LLP 2800 Donald Douglas Loop North Santa Monica, CA 90405 Telephone: (310) 396 9600 Facsimile: (310) 396 9635 - and - Kenneth J. Grunfeld, Esq. Richard M. Golomb, Esq. Ruben Honik, Esq. Tammi Markowitz, Esq. GOLOMB & HONIK, P.C. 1515 Market Street, Suite 1100 Philadelphia, PA 19102 Telephone: (215) 985 9177 Facsimile: (215) 985 4169 E-mail: kgrunfeld@golombhonik.com rgolomb@golombhonik.com - and - Todd D. Carpenter, Esq. CARLSON LYNCH SWEET KILPELA & CARPENTER LLP 402 West Broadway, 29th Floor San Diego, CA 92101 Telephone: (619) 756 6994 Facsimile: (619) 756 6991 The Defendant is represented by: Robert J. Angres, Esq. ROBERT J. ANGRES, LTD. 2650 Friesian Ct. Reno, NV 89521 Telephone: (775) 852 5244 Facsimile: (775) 852 5266 E-mail: rjangres@gmail.com CBL & ASSOCIATES: "French" Sues Over Share Price Drop ----------------------------------------------------- Tommy French, individually and on behalf of all others similarly situated, Plaintiff, v. CBL & Associates Properties, Inc., Stephen D. Lebovitz and Farzana K. Mitchell, Defendants, Case No. 1:16-cv- 00165 (E.D. Tenn., May 27, 2016), seeks compensatory and punitive damages, damages, pre-judgment and post-judgment interest, reasonable attorney fees and experts fees and other costs and disbursements pursuant to the Securities Exchange Act of 1934. CBL is a real estate investment trust and is an active owner and developer of malls and shopping centers in the United States, owning holding interests in, or managing more than 140 properties across 31 states. CBL is under investigation by both the Federal Bureau of Investigation and the SEC for allegedly inflating the Company's rental income and occupancy rates for its properties when providing those figures to banks when applying for financing arrangements. CBL stock fell by $0.86, nearly 9% on heavy volume, to close at $9.40 on May 25, 2016. This represented a loss in market capitalization of approximately $150 million. CBL made materially false and/or misleading statements and/or failed to disclose material facts about the Company and failed to disclose to its shareholders that certain financing arrangements were obtained through fraud and/or misrepresentation. French acquired and held shares of the CBL at artificially inflated prices and lost substantially. Plaintiff is represented by: Paul Kent Bramlett, Esq. Robert Preston Bramlett, Esq. BRAMLETT LAW OFFICES 40 Burton Hills Blvd., Suite 200 P. O. Box 150734 Nashville, TN 37215 Telephone:615.248.2828 Facsimile: 866.816.4116 Email: PKNASHLAW@aol.com Robert@BramlettLawOffices.com - and - Jeffrey C. Block Steven P. Harte Bradley J. Vettraino BLOCK & LEVITON LLC 155 Federal Street, Suite 400 Boston, MA 02110 Telephone: (617) 398-5600 Facsimile: (617) 507-6020 Email: jeff@blockesq.com steven@blockesq.com bradley@blockesq.com CLEARSPRING LOAN: Babbitt Seeks Certification of Two Classes ------------------------------------------------------------ The Plaintiffs in the lawsuit styled CONNIE L. BABBITT and DAVID L. BABBITT, on behalf of themselves and all others similarly situated v. CLEARSPRING LOAN SERVICES, INC., Case No. 1:15-cv- 01164-RJJ-PJG (W.D. Mich.), move for an order certifying two proposed classes of persons similarly situated to them: (1) The "FDCPA Class" is defined as: (a) Each and every natural person with a Michigan mailing address; (b) to whom ClearSpring sent a Loan Statement in any of the forms contained in Exhibit 2 at pages 24-49; (c) which was sent in an attempt to collect a debt incurred by the person for personal, family or household purposes; (d) which was not returned as undeliverable by the post office; where (e) ClearSpring's records show the loan account was delinquent at the time ClearSpring became the servicer or owner of the loan; and (f) the Loan Statement was sent between January 5, 2015 and the date on which the FDCPA Class is certified; and (2) The "MOC Class" is defined as: (a) Each and every natural person with a Michigan mailing address; (b) to whom ClearSpring sent a Loan Statement in any of the forms contained in Exhibit 2 at pages 24-49; (c) which was sent in an attempt to collect a debt incurred by the person for personal, family or household purposes; (d) which was not returned as undeliverable by the post office; where (e) ClearSpring's records show the loan account was delinquent at the time ClearSpring became the servicer or owner of the loan; and (f) the Loan Statement was sent between January 5, 2010 and the date on which the FDCPA Class is certified. The Plaintiffs have alleged a uniform, routine practice by Defendant ClearSpring Loan Services, Inc. -- the use of a form of Loan Statement not containing required disclosure language -- which is unlawful under the Fair Debt Collection Practices Act and the Michigan Occupational Code. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=5vE5C7be The Plaintiffs are represented by: Theodore J. Westbrook, Esq. Amanda P. Narvaes, Esq. John E. Anding, Esq. DREW, COOPER & ANDING, P.C. Aldrich Place, Suite 200 80 Ottawa Avenue, N.W. Grand Rapids, MI 49503 Telephone: (616) 454-8300 E-mail: twestbrook@dca-lawyers.com anarvaes@dca-lawyers.com janding@dca-lawyers.com - and - Steven A. Jacobs, Esq. SCHNEIDERMAN & SHERMAN, P.C. 23938 Research Drive, Suite 300 Farmington Hills, MI 48335 Telephone: (248) 539-7400 E-mail: sjacobs@sspclegal.com CLOUGHERTY PACKING: Faces "Salazar" Wage and Hour Suit in Calif. ---------------------------------------------------------------- Andres Salazar, individually and on behalf of others similarly situated, the Plaintiff, v. Clougherty Packing, LLC, dba Farmer John, a Delaware limited liability corporation; Hormel Foods Corporation, a Delaware corporation; and Does 1-20, inclusive, the Defendants, Case No. BC622487 (Cal. Super. Ct., June 1, 2016), seeks monetary relief including minimum wages, overtime wages, and meal periods compensation. According to the complaint, the Defendants allegedly engaged in systematic pattern of wage and hour violations under California Labor Code and Industrial Welfare Commission Wage Orders, all of which contribute to Defendants' deliberate unfair completion. The Defendants are providers of meat products throughout the West Coast of the United States. The Plaintiff is represented by: Kashif Haque, Esq. Samuel A. Wong, Esq. Jessica L. Campbell, Esq. AEGIS LAW FIRM, PC 9811 Irvine Center Drive, Suite 100 Irvine, CA 92618 Telephone: (949) 379 6250 Facsimile: (949) 379 6251 E-mail: khaque@aegislawfirm.com swong@aegislawfirm.com CMRE FINANCIAL: Certification of Class Sought in "Neldner" Suit --------------------------------------------------------------- Christopher Neldner moves the Court to certify the class described in the complaint of the lawsuit entitled CHRISTOPHER NELDNER, Individually and on Behalf of All Others Similarly Situated v. CMRE FINANCIAL SERVICES, INC., Case No. 2:16-cv-00638-PP (E.D. Wisc.). Mr. Neldner further asks the Court both to stay the motion for class certification and to grant him (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiff contends. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=qhre5tyA The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com COLLECTION TECHNOLOGY: Kaczynski Seeks Certification of Class ------------------------------------------------------------- Brian Kaczynski moves the court to certify the class described in the complaint of the lawsuit entitled BRIAN KACZYNSKI, Individually and on Behalf of All Others Similarly Situated v. COLLECTION TECHNOLOGY, INC., Case No. 2:16-cv-00659-CNC (E.D. Wisc.). The Plaintiff further asks that the Court both stay the motion for class certification and to grant the Plaintiff (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiff argues. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=NwQqjCPh The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com COMPUTER SCIENCES: Strauch Seeks Certification of Three Classes --------------------------------------------------------------- The Plaintiffs in the lawsuit titled JOSEPH STRAUCH, TIMOTHY COLBY, CHARLES TURNER, and VERNON CARRE, individually and on behalf of all others similarly situated v. COMPUTER SCIENCES CORPORATION, Case No. 3:14-cv-00956-JBA (D. Conn.), ask the Court to enter an order certifying these proposed classes: Connecticut Class: All persons who were, are, or will be employed by CSC in Connecticut as Associate Professional System Administrators, Professional System Administrators, and Senior Professional System Administrators, at any time from July 1, 2012 through the date of the final disposition of this action, who earn or earned less than $100,000 in total annual compensation, and who were not members of the "Test and Training Ranges" segment ("TTR") of CSC. The Connecticut Class contains two subclasses: (1) the Associate Professional and Professional System Administrators defined above; and (2) the Senior Professional System Administrators defined above. California Class: All persons who were, are, or will be employed by CSC in California as Associate Professional System Administrators, Professional System Administrators, and Senior Professional System Administrators, at any time from July 1, 2010 through the date of the final disposition of this action, who earn or earned less than $100,000 in total annual compensation, and who were not members of the TTR segment of CSC. The California Class contains two subclasses: (1) the Associate Professional System Administrators and Professional System Administrators defined above; and (2) the Senior Professional System Administrators defined above. North Carolina Class: All persons who were, are, or will be employed by CSC in North Carolina as Associate Professional System Administrators, Professional System Administrators, and Senior Professional System Administrators, at any time from July 1, 2012 through the date of the final disposition of this action, who earn or earned less than $100,000 in total annual compensation, and who were not a members of the TTR segment of CSC. The North Carolina Class contains two subclasses: (1) the Associate Professional System Administrators and Professional System Administrators defined above; and (2) the Senior Professional System Administrators defined above. The Plaintiffs also ask the Court to appoint their counsel as Class Counsel and to direct counsel to disseminate notice to the class. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=h6rSMn0P The Plaintiffs are represented by: Jahan C. Sagafi, Esq. OUTTEN & GOLDEN LLP One Embarcadero Center, 38th Floor San Francisco, CA 94111 Telephone: (415) 638-8800 E-mail: jsagafi@outtengolden.com - and - Michael J. Scimone, Esq. Michael N. Litrownik, Esq. Elizabeth V. Stork, Esq. OUTTEN & GOLDEN LLP 3 Park Avenue, 29th Floor New York, New York 10016 Telephone: (212) 245-1000 E-mail: mscimone@outtengolden.com mlitrownik@outtengolden.com estork@outtengolden.com - and - Karen B. Kravetz, Esq. SUSMAN, DUFFY & SEGALOFF, P.C. P.O. Box 1684 New Haven, CT 06507 Telephone: (203) 624-9830 E-mail: kkravetz@susmanduffy.com - and - Todd Jackson, Esq. Genevieve Casey, Esq. FEINBERG, JACKSON, WORTHMAN & WASOW LLP 476 9th Street Oakland, CA 94607 Telephone: (510) 839-6824 E-mail: todd@feinbergjackson.com genevieve@feinbergjackson.com - and - Kelly M. Dermody, Esq. Daniel M. Hutchinson, Esq. Lin Y. Chan, Esq. Michael Levin-Gesundheit, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN LLP 275 Battery Street, 29th Floor San Francisco, CA 94111 Telephone: (415) 956-1000 E-mail: kdermody@lchb.com dhutchinson@lchb.com lchan@lchb.com mlevin-gesundheit@lchb.com CONWAY PROWASH: Class Certification Bid in "Steimel" Suit Tossed ---------------------------------------------------------------- The Hon. Paul L. Maloney opinion and order in the lawsuit entitled TROY STEIMEL v. CONWAY PROWASH, LLC, PREVENTION FIRE AND SAFETY LLC, PROFESSIONAL SERVICES LLC, and BARDLEY BEHRENDT, Case No. 1:15-cv-00599-PLM (W.D. Mich.): -- granting the Defendants' motion for summary judgment; -- dismissing with prejudice Mr. Steimel's claim under the Fair Labor Standards Act; and -- dismissing without prejudice Mr. Steimel's state-law claim and his motion for class certification. In his lawsuit, Mr. Steimel brings a class action and collective action, both on his own behalf and also on behalf of others. For his collective action claim, Mr. Steimel alleges that the four Defendants violated the Fair Labor Standards Act by failing to pay overtime wages when he and others worked more than 40 hours in a week. He also alleges a class action for breach of contract for failing to include all time worked as compensable time. A copy of the Opinion and Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=oxnuDH1A CREDENCE RESOURCE: Pinkney Seeks Certification of Class in Wisc. ---------------------------------------------------------------- Zachariah Pinkney moves the court to certify the class described in the complaint of the lawsuit captioned ZACHARIAH PINKNEY, Individually and on Behalf of All Others Similarly Situated v. CREDENCE RESOURCE MANAGEMENT, LLC, Case No. 2:16-cv-00658-WED (E.D. Wisc.). The Plaintiff also asks the Court to stay the motion for class certification and to grant the Plaintiff (and the Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the Motion. To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiff asserts. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=uVzBUvbu The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com CROATIA: Class Certification Sought in "Lalich" Holocaust Suit -------------------------------------------------------------- The Plaintiffs in the lawsuit captioned Lizabeth Lalich, Mladen Djuricich, Robert Predrag Gakovich, Veljko Miljus, Bogdan Kljaic, David Levy, Daniel Pyevich, individually, and on behalf of all others similarly situated v. Republic of Croatia, Case No. 1:16- cv-05712 (N.D. Ill.), file with the Court a placeholder motion for certification of this class: All survivors, heirs, and next of kin, of persons of Jewish, Serbian, or Roma descent who were the victims of the Croatian Holocaust, and who (a) reside in the United States, or (b) are U.S. citizens residing abroad. The Plaintiffs also ask the Court to designate them as the Class representatives, and their counsel as Class counsel. They further ask the Court to award the Plaintiff Class the sum of $3.5 billion minus a contingency fee of 20% for the Class's attorneys for conceiving, initiating, pleading, and arguing this case on behalf of the Class. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=rMrdFoog The Plaintiffs are represented by: Anthony D'amato, Esq. 5807 Lake Shore Drive Holland, MI 49424 Telephone: (616)-399-6344 E-mail: a-damato@northwestern.edu - and - Aaron Ross Walner, Esq. THE WALNER LAW FIRM 555 Skokie BLVD. suite 250 Northbrook, IL 60062 Telephone: (312) 201-1616 E-mail: awalner@walnerlawfirm.com CURREY & COMPANY: Recalls Crystal Chandeliers Due to Fall Risk -------------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Currey & Company of Atlanta, Ga., announced a voluntary recall of about 1,000 Crystal chandeliers (in addition, 26 sold in Canada). Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. The loop at the top of the chandelier can break causing the chandelier to fall, posing an impact injury hazard. This recall involves an eight-light crystal chandelier. The frame is silver with crystal ornaments and eight candle-shaped lights. The loop at the top of the chandelier is made of zinc or steel. The model number 093682 can be found on the inside of the canopy and on the outside of the original carton. The firm has received two reports of the loop breaking, including one report of the chandelier falling. No injuries have been reported. Pictures of the Recalled Products available at: https://is.gd/7QqeZW The recalled products were manufactured in China and sold at Ethan Allen Design Centers nationwide from October 2007 through January 2016 for about $2,500. Consumers should prevent people from walking underneath the chandeliers. Ethan Allen will contact consumers directly and arrange for an Ethan Allen service technician to inspect the chandeliers. If the loop is made of zinc, the loop will be replaced by a certified electrician free of charge. If steel, no repair is necessary. DENTAL RESOURCE: Certification of Class Sought in "Neuer" Suit -------------------------------------------------------------- The Plaintiff in the lawsuit titled ERIC NEUER, doing business as Prairie Pointe Orthodontics, P.A., on behalf of themselves and all those similarly situated v. DENTAL RESOURCE SYSTEMS, INC., et al., Case No. 2:14-cv-02319-CM-GEB (D. Kan.), moves the Court for an order determining that the Plaintiff's Telephone Consumer Protection Act claim against DRS will be maintained as a class action with the proposed Plaintiff class defined as: All persons and entities with a fax number appearing in the List of Class Members to which Defendant sent one or more facsimile transmissions of representative images: Neuer (DRS) 001-002; Neuer (DRS) 003; Neuer (DRS) 004; Neuer (DRS) 005; Neuer (DRS) 006; Neuer (DRS) 007; Neuer (DRS) 008; Neuer (DRS) 009-010; Neuer (DRS) 011; Neuer (DRS) 012; Neuer (DRS) 013; Neuer (DRS) 014; Neuer (DRS) 015; Neuer (DRS) 016; Neuer (DRS) 018; Neuer (DRS) 019; Neuer (DRS) 020; Neuer (DRS) 022; Neuer (DRS) 023; Neuer (DRS) 024; Neuer (DRS) 025; Neuer (DRS) 026-027; Neuer (DRS) 028; Neuer (DRS) 029; Neuer (DRS) 372; Neuer (DRS) 373; Neuer (DRS) 375; Neuer (DRS) 376; Neuer (DRS) 489; Neuer (DRS) 490; or Neuer (DRS) 491 between July 3, 2010 and June 3, 2016. Excluded from the class are Defendant and its shareholders, officers, directors, and employees, Defendant's counsel, any persons who previously have settled with Defendant, the Court and Court personnel, and counsel for the Plaintiff. Mr. Neuer, doing business as Prairie Pointe Orthodontics, P.A., also asks the Court to appoint him as class representative, and to appoint Noah K. Wood, Esq., and Ari N. Rodopoulos, Esq., of the Wood Law Firm, LLC as lead class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=DPvYCZMB The Plaintiff is represented by: Noah K. Wood, Esq. Ari N. Rodopoulos, Esq. WOOD LAW FIRM, LLC 1100 Main Street, Suite 1800 Kansas City, MO 64105-5171 Telephone: (816) 256-3582 Facsimile: (816) 337-4243 E-mail: noah@woodlaw.com ari@woodlaw.com DIODES INCORPORATED: Pension Trust Fund Suit Concluded ------------------------------------------------------ Diodes Incorporated said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 5, 2016, for the quarterly period ended March 31, 2016, that the lawsuit by Local 731 I.B. of T. Excavators and Pavers Pension Trust Fund is concluded. On September 15, 2014, the United States District Court for the Eastern District of Texas issued an order regarding the putative securities class action entitled Local 731 I.B. of T. Excavators and Pavers Pension Trust Fund v. Diodes, Inc., Civil Action No. 6:13- cv-00247 (E.D. Tex. filed Mar. 15, 2013) (the "Class Action"), granting defendants' motion to dismiss the Class Action with prejudice. On October 13, 2014, plaintiffs filed a notice of appeal to the order dismissing the Class Action to the United States Court of Appeals for the Fifth Circuit. On January 13, 2016, the Court of Appeals issued an order and opinion affirming the dismissal of the Class Action with prejudice. Plaintiffs- appellants did not file a petition for a writ of certiorari to the United States Supreme Court by the deadline of April 12, 2016, and therefore the case is concluded. Diodes Incorporated, together with its subsidiaries (Nasdaq: DIOD), is a global manufacturer and supplier of high-quality, application-specific standard products within the broad discrete, logic, analog and mixed-signal semiconductor markets. DOMETIC CORP: To Seek Dismissal of "Papasan" Class Suit ------------------------------------------------------- In the case, CATHERINE PAPASAN, NELSON GOEHLE, ANDREW YOUNG, JIMMY BYERS, CHRISTOPHER JOHNSTON, and all persons similarly situated, Plaintiffs, v. DOMETIC CORPORATION and DOMETIC LLC, Defendants, Case No. 3:16-cv-02117-HSG (N.D. Cal.), District Judge Haywood S. Gilliam, Jr. approved a stipulation among Plaintiffs Catherine Papasan, Nelson Goehle, Andrew Young, Jimmy Byers, and Christopher Johnston and defendants Dometic Corporation and Dometic LLC permitting the defendants to file a motion to dismiss the class action complaint that exceeds Local Rule 7-2(b)'s 25-page limitation by up to 10 pages. On April 21, 2016, Plaintiffs filed their 82-page Class Action Complaint, which contains 367 separately numbered paragraphs. Defendants intend to file on June 17, 2016, a joint motion to dismiss each of Plaintiffs' 21 claims on the ground that each of these claims -- arising under Federal law and four separate states' laws -- fail to state a claim upon which relief can be granted. A copy of the June 3, 2016 Stipulation is available at http://bit.ly/25NxRkafrom Leagle.com. Plaintiffs Catherine Papasan et al. represented by Jeff D Friedman -- jefff@hbsslaw.com -- Hagens Berman Sobol Shapiro LLP, Terrence Allen Beard, Law Offices of Terrence A. Beard, Ashley A Bede -- ashleyb@hbsslaw.com -- Hagens Berman Sobol Shapiro LLP, Steve W. Berman -- steve@hbsslaw.com -- Hagens Berman Sobol Shapiro LLP & Thomas Eric Loeser -- toml@hbsslaw.com -- Hagens Berman Sobol Shapiro LLP. Dometic Corporation, Defendant, represented by Peter Allen Wald -- peter.wald@lw.com -- Latham & Watkins, Marcy Christina Priedeman, Latham Watkins LLP & Robert Christian Collins, III, Latham and Watkins LLP, pro hac vice. Dometic LLC, Defendant, represented by Peter Allen Wald, Latham & Watkins, Marcy Christina Priedeman -- marcy.priedeman@lw.com -- Latham Watkins LLP & Robert Christian Collins, III -- robert.collins@lw.com -- Latham and Watkins LLP, pro hac vice. EASTMAN KODAK: Awaits Final Approval of ERISA Case Settlement ------------------------------------------------------------- Eastman Kodak Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 5, 2016, for the quarterly period ended March 31, 2016, that subsequent to the Company's Bankruptcy Filing, between January 27, 2012 and March 22, 2012, several putative class action suits were filed in federal court in the Western District of New York against the committees of the Company's Stock Ownership Plan ('SOP') and Savings and Investment Plan ("SIP"), and certain former and current executives of the Company. The suits were consolidated into a single action brought under the Employee Retirement Income Security Act ("ERISA"), styled as In re Eastman Kodak ERISA Litigation. The allegations concern the decline in the Company's stock price and its alleged impact on SOP and SIP. Plaintiffs were seeking the recovery of any losses to the applicable plans, a constructive trust, the appointment of an independent fiduciary, equitable relief, as applicable, and attorneys' fees and costs. Defendants and plaintiffs, individually and as class representatives, entered into a settlement agreement which was preliminarily approved by the court on April 27, 2016, and is conditioned on final court approval and entry of a final order. ECOLAB INC: Still Defending 5 Wage Hour Suits --------------------------------------------- Ecolab Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 5, 2016, for the quarterly period ended March 31, 2016, that the company is a defendant in five pending wage hour lawsuits claiming violations of the Fair Labor Standards Act ("FLSA") or a similar state law. Of these five suits, three have been certified for class action status. Ross (formerly Icard) v. Ecolab, U.S. District Court -- Northern District of California, case no. C 13-05097 PJH, an action under California state law, has been certified for class treatment of California Institutional employees. The Court in Ross recently granted plaintiffs' motion for partial summary judgment, finding that Institutional Route Sales Managers are not exempt from overtime pay under California wage and hour laws. The company appealed this judgment. The court has not determined damages; however the company has established an accrual, which is not material to its results of operations or financial position. This matter has been tentatively settled, subject to court approval. In Cancilla v. Ecolab, U.S. District Court - Northern District of California, case no. CV 12-03001, the Court conditionally certified a nationwide class of Pest Elimination Service Specialists for alleged FLSA violations. The suit also seeks a purported California sub-class for alleged California wage hour law violations and certifications of classes for state law violations in Washington, Colorado, Maryland, Illinois, Missouri, Wisconsin and North Carolina. The Cancilla lawsuit has been settled. The settlement amount, which was not material to the company's operations or financial position, was paid in the first quarter of 2016. A third pending suit, Charlot v. Ecolab Inc., U.S. District Court- Eastern District of New York, case no. CV 12-04543, seeks nationwide class certification of Institutional employees for alleged FLSA violations as well as purported state sub-classes in New York, New Jersey, Washington and Pennsylvania alleging violations of state wage hour laws. The Court in Charlot recently granted the company's motion for summary judgment against plaintiffs on the federal FLSA claims. Plaintiffs' claims under state law remain pending and the judgment in favor of Ecolab may be subject to appeal by Plaintiffs. A fourth pending suit, Schneider v. Ecolab, United States District Court for the Northern District of Illinois, case no. 14 C 01044, seeks certification of a class of Institutional employees for alleged violations of Illinois wage and hour laws. In a fifth pending suit, Martino v. Ecolab, United States District Court for the Northern District of California, case no. 5:14-cv- 04358-PSG, an action under California state law, the Court has certified a class of California Institutional Territory Managers alleging violation of state wage and hour laws. ECHO THERAPEUTICS: Misled Stockholders Over Fee-Shifting Bylaw -------------------------------------------------------------- SIMPSON CHRISTIAN, on behalf of himself and all other similarly situated stockholders of Echo Therapeutics, Inc., the Plaintiff, v. Michael M. Goldberg, Shepard Goldberg, Elazer R. Edelman, Scott W. Hollander, and Echo Therapeutics, Inc., the Defendants, Case No. 12400-CB (Del. Chancery Ct., June 1, 2016), seeks damages for the Defendants' breach of their fiduciary duties. According to the complaint, the Defendants are improperly misleading and coercing stockholders into believing that the Fee- Shifting Bylaw is valid and enforceable under Delaware law. Thus, the Defendants are currently causing harm to Echo stockholders. Echo Therapeutics is developing a non-invasive, wireless, continuous glucose monitoring system. The Plaintiff is represented by: Seth D. Rigrodsky, Esq. Brian D. Long, Esq. Gina M. Serra, Esq. Jeremy J. Riley, Esq. RIGRODSKY & LONG, P.A. 2 Righter Parkway, Suite 120 Wilmington, DE 19803 Telephone: (302) 295 5310 EQT PRODUCTION: Renewed Class Certification Bid Due on Sept. 30 --------------------------------------------------------------- The Hon. John Preston Bailey entered an order in the lawsuit titled THE KAY COMPANY, LLC; H. DOTSON CATHER, Trustee of Diana Goff Cather Trusts; and JAMES E. HAMRIC III, and all other persons and entities similarly situated v. EQT PRODUCTION COMPANY, a Pennsylvania Corporation; and EQT CORPORATION, a Pennsylvania Corporation, Case No. 1:13-cv-00151-JPB-JES (N.D.W.V.) directing the: -- Plaintiffs to file a renewed motion for class certification by September 30, 2016; -- Defendants must file their response by October 30, 2016; and -- Plaintiffs' reply must be filed by November 15, 2016; In light of the impending renewed Motion, the pending motion for class certification is denied without prejudice. Additionally, the motion to exclude testimony of Plaintiffs' proffered expert witnesses is denied without prejudice. The parties indicated discovery will be finalized by August 15, 2016, and the Plaintiffs wish to file a renewed motion for class certification. The Court noted this case is nearly three years old. Accordingly, Judge Bailey inquired as to the progress that has taken place to date and when the parties expect to bring this matter to fruition. Judge Bailey also inquired as to the suggestion of death and who would replace H. Dotson Cather as Trustee of Diana Goff Cather Trusts. The Plaintiffs' counsel indicated that decision had not been made, but will report to the Court when the substitution is made. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=RlkYKyGq EZPAWN FLORIDA: Court Refuses to Certify Class; Junks "Ward" Suit ----------------------------------------------------------------- The Hon. Anne C. Conway denied the Plaintiff's amended motion for class certification in the lawsuit captioned KEVIN PETER WARD, individually and on behalf of all others similarly situated v. EZPAWN FLORIDA, INC. d/b/a VALUE PAWN AND JEWELRY, and EZCORP, INC., Case No. 6:15-cv-00474-ACC-DAB (M.D. Fla.). Judge Conway dismissed the Case without prejudice for lack of subject matter jurisdiction. Judge Conway directed the Clerk to close the Case. The Plaintiff wishes to certify a class action for consumers that were subjected to the Defendants' allegedly unfair and deceptive business practices. The Plaintiff is a Florida resident that has done business with pawnshops for 12 years. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=WrUMfEzE FEDERAL NATIONAL: D.C. Circuit Heard Oral Argument on Appeal ------------------------------------------------------------ Federal National Mortgage Association said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 5, 2016, for the quarterly period ended March 31, 2016, that the D.C. Circuit heard oral argument on April 15, 2016, on the appeals in the Senior Preferred Stock Purchase Agreements Litigation. The Company said, "A number of putative class action lawsuits were filed in the U.S. District Court for the District of Columbia against us, FHFA as our conservator, Treasury and Freddie Mac from July through September 2013 by shareholders of Fannie Mae and/or Freddie Mac challenging the August 2012 amendment to each company's senior preferred stock purchase agreement with Treasury. These lawsuits were consolidated and, on December 3, 2013, plaintiffs (preferred and common shareholders of Fannie Mae and/or Freddie Mac) filed a consolidated class action complaint in the U.S. District Court for the District of Columbia against us, FHFA as our conservator, Treasury and Freddie Mac ("In re Fannie Mae/Freddie Mac Senior Preferred Stock Purchase Agreement Class Action Litigations"). The preferred shareholder plaintiffs allege that the net worth sweep dividend provisions of the senior preferred stock that were implemented pursuant to the August 2012 amendments to the senior preferred stock purchase agreements nullified certain of the shareholders' rights, particularly the right to receive dividends. The common shareholder plaintiffs allege that the August 2012 amendments constituted a taking of their property by requiring that all future profits of Fannie Mae and Freddie Mac be paid to Treasury. Plaintiffs allege claims for breach of contract and breach of the implied covenant of good faith and fair dealing against us, FHFA and Freddie Mac, a takings claim against FHFA and Treasury, and a breach of fiduciary duty claim derivatively on our and Freddie Mac's behalf against FHFA and Treasury. Plaintiffs seek to represent several classes of preferred and/or common shareholders of Fannie Mae and/or Freddie Mac who held stock as of the public announcement of the August 2012 amendments. Plaintiffs seek unspecified damages, equitable and injunctive relief, and costs and expenses, including attorneys' fees." "A non-class action suit, Arrowood Indemnity Company v. Fannie Mae, was filed in the U.S. District Court for the District of Columbia on September 20, 2013 by preferred shareholders against us, FHFA as our conservator, the Director of FHFA (in his official capacity), Treasury, the Secretary of the Treasury (in his official capacity) and Freddie Mac. Plaintiffs bring claims for breach of contract and breach of the implied covenant of good faith and fair dealing against us, FHFA and Freddie Mac, and claims for violation of the Administrative Procedure Act against the FHFA and Treasury defendants, alleging that the net worth sweep dividend provisions nullified certain rights of the preferred shareholders, particularly the right to receive dividends. Plaintiffs seek damages, equitable and injunctive relief, and costs and expenses, including attorneys' fees. "On September 30, 2014, the court dismissed both lawsuits and plaintiffs in both suits filed timely notices of appeal. On October 27, 2014, the U.S. Court of Appeals for the D.C. Circuit consolidated these appeals with appeals in two other cases involving the same subject matter, but to which we are not a party. The D.C. Circuit heard oral argument on these appeals on April 15, 2016." FERRING PHARMACEUTICALS: Faces "Rosas" Suit in D.N.J. ----------------------------------------------------- A lawsuit has been filed against Ferring Pharmaceuticals, Inc. The case is captioned Brandy Rosas and Orly Lazarian, individually and for all others similarly situated, the Plaintiffs, v. Ferring Pharmaceuticals, Inc., the Defendant, Case No. 2:16-cv-03137-KM- JBC (D.N.J., June 1, 2016). The assigned Judge is Hon. Kevin McNulty. Ferring is a biopharmaceutical company which develops innovative treatments. The Compamy is active in the areas of reproductive health, urology, gastroenterology, endocrinology and orthopaedics. The Plaintiff is represented by: Alan T. Friedman BAGOLIE-FRIEDMAN, LLC 648 Newark Avenue Jersey City, NJ 07306 Telephone: (201) 656 8500 Facsimile: (201) 656 4703 E-mail: alan@bagoliefriedman.com FITBIT INC: "Rivera" SEC Fraud Suit Removed to N.D. Cal. -------------------------------------------------------- Raul Rivera, individually and on behalf of all others similarly situated, plaintiff, v. Fitbit, Inc., James Park, Eric N. Friedman, William Zerella, Jonathan D. Callaghan, Steven Murray, Christopher Paisley, Morgan Stanley & Co. LLC, Deutsche Bank Securities Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Barclays Capital Inc., Suntrust Robinson Humphrey, Inc., Piper Jaffray & Co., Raymond James & Associates, Inc., Stifel, Nicolaus & Company, Incorporated, William Blair & Company, L.L.C., and Does 1-25, Inclusive, Defendants, Case No. CIV538403 (Cal. Super., April 28, 2016), was removed to the U.S. District Court for the Northern District of California on May 27, 2016. Plaintiff is seeking the recovery of damages resulting from the purchase of common stock of Fitbit during its initial public offering. Raul Rivera is a pro se plaintiff. Defendants are represented by: Anna Erickson White, Esq. MORRISON & FOERSTER LLP 425 Market Street San Francisco, CA 94105 Tel: (415) 268-6000 Fax: (415) 268-7522 Email: awhite@mofo.com GARDEN FRESH: FLSA Class Certification Sought in "Johnson" Suit --------------------------------------------------------------- The Plaintiffs in the lawsuit titled ARIELL JOHNSON, KELVIN SMITH, DONTRELL JACKSON, JAMES JACKSON, And PATRICK JOHNSON, Individually and on Behalf of all Others Similarly Situated v. GARDEN FRESH RESTAURANT CORP. d/b/a SOUPLANTATION AND SWEET TOMATOES, Case No. 4:16-cv-00845 (S.D. Tex.), file with the Court their motion for class certification and expedited discovery. On March 30, 2016, the Plaintiffs filed a putative action lawsuit under the Fair Labor Standards Act of 1938 alleging that Defendant Souplantation failed to pay them overtime wages as required by law. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=BttnR3r6 The Plaintiffs are represented by: Taft L. Foley, Esq. THE FOLEY LAW FIRM 3003 South Loop West, Suite 108 Houston, TX 77054 Telephone: (832) 778-8182 Facsimile: (832) 778-8353 E-mail: Taft.foley@thefoleylawfirm.com GARMIN LTD: Wins Preliminary Approval of "Katz" Suit Settlement --------------------------------------------------------------- The Hon. Robert J. Shelby entered an order in the lawsuit captioned ANDREA KATZ on behalf of herself and all persons similarly situated, and JOEL KATZ on behalf of himself and all persons similarly situated v. GARMIN, LTD, and GARMIN INTERNATIONAL, INC., Case No. 2:14-cv-00165-RJS-PMW (D. Utah), preliminarily approving a settlement, certifying class for settlement purposes, appointing lead counsel for the class, directing the issuance of class notice, and scheduling a fairness hearing and related events. The Court conditionally certifies a Class and Subclasses, for settlement purposes only, defined as: Class: All persons who purchased and/or owned the Garmin Forerunner 610 watch (the "Watch") between April 2011 and July 2014 in the United States. Subclass 1: Class members who purchased a replacement watchband to address the alleged design defect regardless of where they purchased the replacement watchband. Subclass 2: Class members who paid to repair the watchband or Watch regardless of where they had the watchband or Watch repaired due to the watchband or Watch being damaged as a result of the alleged design defect. Excluded from the Settlement Class are: (i) individuals, who are or were during the class period partners, associates, officers, directors, shareholders, or employees of Defendant; (ii) all judges or magistrates of the United States or any state and their spouses; (iii) all individuals, who timely and properly request to be excluded from the class, i.e. opt out; (iv) all persons, who have previously released Defendant from claims covered by this Settlement; and (v) all persons, who have already received payment from the Defendant or who have otherwise been compensated by the Defendant by virtue of free repair or free replacement of the Watch or watchband for alleged violations with respect to an allegedly defective Watch or watchband. There are approximately 136,728 members of the Class, and an unknown number of members of Subclass 1 and Subclass 2, according to the Defendant's records. The Court acknowledges that the Defendant does not have records of every customer, who purchased or owned the Garmin Forerunner 610 watch. The Court conditionally appoints Noel J. Nudelman, Esq., of Heideman Nudelman Kalik, P.C., as lead class counsel for the Class and Subclasses. A hearing on the fairness and reasonableness of the Agreement and whether final approval will be given to it and the requests for fees and expenses by Class Counsel will be held before the Court on November 3, 2016 at 1:30 p.m. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=4S2xpWXp GENERAL MILLS: Recalls Flour Products Due to E. Coli ---------------------------------------------------- General Mills is collaborating with health officials to investigate an ongoing, multistate outbreak of E. coli O121 that may be potentially linked to Gold Medal flour, Wondra flour, and Signature Kitchens flour (sold in Safeway, Albertsons, Jewel, Shaws, Vons, United, Randalls, and Acme). Out of an abundance of caution, a voluntary recall is being made. To date, E. coli O121 has not been found in any General Mills flour products or in the flour manufacturing facility and the company has not been contacted directly by any consumer reporting confirmed illnesses related to these products. State and federal authorities have been researching 38 occurrences of illnesses across 20 states related to a specific type of E. coli (E. coli O121), between December 21, 2015, and May 3, 2016. While attempting to track the cause of the illness, CDC found that approximately half of the individuals reported making something homemade with flour at some point prior to becoming ill. Some reported using a General Mills brand of flour. Based on the information that has been shared with General Mills, some of the ill consumers may have also consumed raw dough or batter. Consumers are reminded to not consume any raw products made with flour. Flour is an ingredient that comes from milling wheat, something grown outdoors that carries with it risks of bacteria which are rendered harmless by baking, frying or boiling. Consumers are reminded to wash their hands, work surfaces, and utensils thoroughly after contact with raw dough products or flour, and to never eat raw dough or batter. "As a leading provider of flour for 150 years, we felt it was important to not only recall the product and replace it for consumers if there was any doubt, but also to take this opportunity to remind our consumers how to safely handle flour," said Liz Nordlie, President of General Mills Baking division. Although most strains of E. coli are harmless, others can make you sick.E. coli O121 is a potentially deadly bacterium that can cause bloody diarrhea and dehydration. Seniors, the very young, and persons with compromised immune systems are the most susceptible to foodborne illness. Any consumers concerned about an illness should contact a physician. Anyone diagnosed by a physician as having an illness related to E. coli O121 is also urged to contact state and local public health authorities. The recall affects the following retail flour products that could be currently in stores or in consumers' pantries. It includes 6 SKUs (stock keeping units or UPC codes) of Gold Medal Flour, 2 SKU's of Signature Kitchens Flour and 1 SKU of Gold Medal Wondra flour. If you have any of the products listed below, they should be thrown away. Consumers with additional questions or requesting a replacement should contact the company at 800-230-8103. Additional recall information can also be found at www.generalmills.com/flour. The specific products in the recall include: --- 13.5 ounce Gold Medal Wondra Flour Package UPC 000-16000-18980 Recalled Better if Used by Dates 25FEB2017 thru 30MAR2017 --- 2 lb. Gold Medal All Purpose Flour Package UPC 000-16000-10710 Recalled Better if Used by Dates 25MAY2017KC thru 03JUN2017KC --- 2lb Gold Medal Self-Rising Flour Package UPC 000-16000-11710 Recalled Better if Used by Dates 23AUG2016KC --- 10lb Gold Medal All Purpose Flour Package UPC 000-16000-10410 Recalled Better if Used by Dates 02JUN2017KC, 03JUN2017KC --- 5lb Gold Medal All Purpose Flour Package UPC 000-16000-10610 Recalled Better if Used by Dates 25MAY2017KC, 27MAY2017KC thru 31MAY2017KC, 01JUN2017KC, 03JUN2017KC thru 05JUN2017KC, 11JUN2017KC thru 14JUN2017KC --- 5lb Gold Medal Unbleached Flour Package UPC 000-16000-19610 Recalled Better if Used by Dates 25MAY2017KC, 27MAY2017KC, 03JUN2017KC, 04JUN2017KC --- 10lb Gold Medal All Purpose Flour- Banded Pack Package UPC 000-16000-10410 Recalled Better if Used by Dates 03JUN2017KC, 04JUN2017KC, 05JUN2017KC --- 5lb Signature Kitchens All Purpose Flour Enriched Bleached Package UPC 000-21130-53001 Recalled Better if Used by Dates BB MAY 28 2017 --- 5lb Signature Kitchens Unbleached Flour All Purpose Enriched Package UPC 000-21130-53022 Recalled Better if Used by Dates BB MAY 27 2017 Pictures of the Recalled Products available at: https://is.gd/hyZzUC GLOBAL EFFECTS: "Crosson" Suit seeks Minimum Wages, Overtime ------------------------------------------------------------ Jennifer Crosson, and all others similarly situated, Plaintiff, v. Global Effects Incorporated d/b/a Cornerstone Baptist Church also d/b/a Pebbles Preschool and Kindergarten, Bobby Herrell and Susan Herrell Defendants, Case No. 3:16-cv-01449-D (N.D. Tex., May 27, 2016), seeks overtime wages, double damages and reasonable attorney fees pursuant to the Fair Labor Standards Act. Global Effects Incorporated operates Cornerstone Baptist Church and Pebbles Preschool and Kindergarten with Bobby Herrell and Susan Herrell are owners. Crosson worked for Defendants as a preschool teacher and child care provider. Plaintiff has not been paid minimum wages and/or overtime for work performed in excess of 40 hours weekly. Plaintiff is represented by: J.H. Zidell, Esq. Robert L. Manteuffel, Esq. Joshua A. Petersen, Esq. J.H. ZIDELL, P.C. 6310 LBJ Freeway, Ste. 112 Dallas, TX 75240 Tel: (972) 233-2264 Fax: (972) 386-7610 Email: zabogado@aol.com rlmanteuffel@sbcglobal.net josh.a.petersen@gmail.com GOLDEN 1: "Cyr" Suit Seeks Unpaid Wages Under Labor Code -------------------------------------------------------- Geraldine St. Cyr, individually, and on behalf of all others similarly situated, the Plaintiff, v. The Golden 1 Credit Union, and Does 1-100, inclusive, the Defendants, Case No. RG16817839 (Cal. Super. Ct., June 1, 2016), seeks to recover unpaid wages, including unpaid overtime compensation and interest thereon, liquidated damages and other penalties, injunctive and other equitable relief, and reasonable attorneys' fees and costs, under California Code of Regulations, California Business and Professions Code and the California Labor Code. According to the complaint, the Defendants continues to enjoy an advantage over its competition and a resultant disadvantage to its workers by electing not to sufficiently offer meal and rest periods to its California non-exempt branch employees, by not providing duty-free and uninterrupted meal and rest periods to its California non-exempt branch employees, by not providing all regular and/or overtime pay when due and/or when certain Class Members' employment with Golden 1 terminated, and by willfully failing to provide Plaintiff and Class Members with accurate semimonthly itemized wage statements. Golden 1 is California's financial cooperative with branches in 34 of state's counties. The Plaintiff is represented by: Scott Edward Cole, Esq. Matthew R. Bainer, Esq. SCOTT COLE & ASSOCIATES, APC 1970 Broadway, Ninth Floor Oakland, CA 94612 Telephone: (510) 891 9800 Facsimile: (510) 891 7030 Email: scole@scalaw.com mbainer@scalaw.com GOOGLE INC: Svenson Seeks Certification of Class and Subclass ------------------------------------------------------------- The Plaintiff in the lawsuit styled ALICE SVENSON, individually and on behalf of all others similarly situated v. GOOGLE, INC., and GOOGLE PAYMENT CORP., Case No. 5:13-cv-04080-BLF (N.D. Cal.), move the Court for an order certifying these proposed class and subclass of individuals: Class: All individuals in the United States who, between March 1, 2012 and April 30, 2014, (i) purchased an App on the Google Play Store that cost less than $300, (ii) using a Google Wallet account tied to a credit or debit card at the time of purchase, and who (iii) had not previously used Google Wallet or Google Checkout to purchase physical goods. EU Seller Subclass: All members of the Class who purchased an App from a seller located in a European Union member state at the time of the sale. The Court will commence a hearing on August 24, 2016, at 9:00 a.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=87btNxQF The Plaintiff is represented by: Rafey S. Balabanian, Esq. EDELSON PC 329 Bryant Street, Suite 2C San Francisco, CA 94107 Telephone: (415) 234-5342 Facsimile: (415) 373-9495 E-mail: rbalabanian@edelson.com - and - Jay Edelson, Esq. Benjamin H. Richman, Esq. J. Dominick Larry, Esq. EDELSON PC 350 North LaSalle Street, 13th Floor Chicago, IL 60654 Telephone: (312) 589-6370 Facsimile: (312) 589-6378 E-mail: jedelson@edelson.com brichman@edelson.com nlarry@edelson.com - and - Mark Bulgarelli, Esq. PROGRESSIVE LAW GROUP LLC 140 S. Dearborn Street, Suite 315 Chicago, IL 60603 Telephone: (312) 787-2717 Facsimile: (888) 574-9038 E-mail: markb@progressivelaw.com - and - Frank Jablonski, Esq. PROGRESSIVE LAW GROUP LLC 354 West Main Street Madison, WI 53703 Telephone: (608) 258-8511 Facsimile: (608) 442-949 E-mail: frankj@progressivelaw.com - and - Kathryn Diemer, Esq. DIEMER, WHITMAN & CARDOSI, LLP 75 East Santa Clara Street, Suite 290 San Jose, CA 95113 Telephone: (408) 971-6270 E-mail: kdiemer@diemerwhitman.com GREENES ENERGY: "Lee" Labor Suit Transferred to W.D. Pa. ----------------------------------------------------------- Richard Emmet Lee, Individually and on behalf of all others similarly situated Plaintiff, v. Greene's Energy Group, LLC, Defendant, Case No. 2:16-cv-00699-LPL (S.D. Tex., Feb. 29, 2016), was transferred to the U.S. District Court for the Western District of Pennsylvania on May 27, 2016. Plaintiff seeks to recover compensation, liquidated damages, attorney fees and costs pursuant to the Fair Labor Standards Act of 1938. Greene's Energy Group is an diversified oilfield services company, providing integrated testing, rentals and specialty services offering packaged solutions to improve productivity onshore and offshore. Lee worked for Greene as a hydraulic choke/flowback operator. He claims to have been denied overtime pay. Plaintiff is represented by: Clif Alexander, Esq. Austin W. Anderson, Esq. Lauren E. Braddy, Esq. PHIPPS ANDERSON DEACON LLP 819 N. Upper Broadway Corpus Christi, TX 78401 Telephone: (361) 452-1279 Facsimile: (361) 452-1284 Email: calexander@phippsandersondeacon.com aanderson@phippsandersondeacon.com lbraddy@phippsandersondeacon.com Defendant is represented by: Carolyn A Russell, Esq. Stephen Jose Quezada, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 500 Dallas St., Ste. 3000 Houston, TX 77002 Tel: (713) 655-5771 Fax: (713) 655-0020 Email: carolyn.russell@ogletreedeakins.com Stephen.Quezada@ogletreedeakins.com HESKA CORP: Class Cert. Bid in "Fauley" Suit Under Advisement ------------------------------------------------------------- The Clerk of the U.S. District Court for the Northern District of Illinois made a docket entry on May 31, 2016, in the case entitled Shaun Fauley v. Heska Corporation, et al., Case No. 1:15-cv-02171 (N.D. Ill.), relating to a hearing held before the Honorable Jorge L. Alonso. The minute entry states that: -- Plaintiff's motion for class certification is taken under advisement; -- Plaintiff's unopposed motion for leave to file exhibit to memorandum in support of motion for class certification under seal is granted; and -- motion hearing date of June 1, 2016, is stricken. A copy of the Notification of Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=xEnTkRnn HARVEY & MADDING: Sued in Cal Super. Ct. Over False Advertisement ---------------------------------------------------------------- Paula Weiss individually; and, on behalf of all others similarly situated, the Plaintiff, v. Harvey & Madding, Inc., an active California corporation, dba Dublin Honda; Harvey & Madding, Inc., an active California corporation, Ken Harvey, an individual, Jim Bailey, an individual, Adam Ruiz, an individual; Tito Perez an individual; Wells Fargo Dealer Services; and Does 1-500, inclusive, the Defendants, Case No. RG16817793 (Cal Super. Ct., June 1, 2016), seeks to declaratory and injunctive relief, and amount in controversy, including Plaintiff's statutory claim for an award of reasonable attorney's fees, exceeding $25,000.00. According to the complaint, the Plaintiff relied on the representations and has suffered injury in fact and has lost money or property as a result of Defendants' acts of false advertising. The Defendants, by committing the acts alleged above, have knowingly disseminated false, untrue and/or misleading statements in an advertising or other device with the intent to sell and/or induce members of the public to purchase automobiles, and have violated Business and Professions Code Harvey & Madding doing business as Dublin Honda, operates as a dealer of new and used Honda cars in Dublin. The Plaintiff is represented by: Louis A. Liberty, Esq. LOUIS LIBERTY & ASSOCIATES, PLC 553 Pilgrim Drive, Suite A Foster City, CA 94404 Telephone: (650) 341 0300 Facsimile: (650) 403 1783 E-mail: lou@carlawyer.com HED CYCLING: Recalls Hed Black Rims Due to Crash Hazard ------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Hed Cycling of, Roseville, Minn., announced a voluntary recall of about 380 units Hed Black Rims. Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. The rims can cause the brake pads to wear out unexpectedly, posing a crash hazard to the rider. This recall involves Ardennes Black and Jet Black rims manufactured between January 1, 2016 and March 15, 2016. Serial numbers beginning with 0116, 0216 or 0316 are printed near the valve hole on the rim. The firm has received six reports of accelerated brake pad wear. No injuries have been reported. Pictures of the Recalled Products available at: https://is.gd/TnqnuS The recalled products were manufactured in USA and sold at Authorized Hed dealers nationwide and online from January 2016 to March 2016 for between $700 for an individual wheel and $2,400 for a set of wheels. Consumers should immediately stop using the recalled rims and contact HED Cycling for replacement instructions. HOLLANDER SLEEP: Recalls Mattress Pads Due to Fire Hazard --------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Hollander Sleep Products LLC, of Boca Raton, Fla., announced a voluntary recall of about 4,700 Wamsutta Mattress Pads. Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. The mattress pads fail to meet the mandatory federal flammability standard for mattresses and mattress pads, posing a fire hazard. This recall involves all sizes of Wamsutta Dream Zone cotton 800 thread count mattress pads, manufactured from August 2015 through January 2016. Hollander Sleep Products, style number 266BB and the manufacture date are printed on a label on a side of the mattress pad. No consumer incidents have been reported. Pictures of the Recalled Products available at: https://is.gd/RLPXGy The recalled products were manufactured in U.S. and sold at Bed, Bath & Beyond stores nationwide and online at www.bedbathandbeyond.com from August 2015 through January 2016 for between $110 and $170. Consumers should immediately stop using the mattress pads and contact Hollander Sleep Products for postage paid shipping label and instructions on returning the product for a full refund. HOME HEALTH: Conditional Certification Granted in "Jasper" Suit --------------------------------------------------------------- The Hon. Edmund A. Sargus, Jr., granted the Plaintiffs' motion for conditional class certification, expedited discovery, and court- supervised notice to potential opt-in plaintiffs in the lawsuit captioned JENNY JASPER, et al. v. HOME HEALTH CONNECTION, INC., Case No. 2:16-cv-00125-EAS-EPD (S.D. Ohio). Plaintiff Jenny Jasper worked for Defendant Home Health Connection, Inc., as a home manager, caregiver, or home health aide from December 2013 to February 2016. She filed a Complaint against the Defendant under the Fair Labor Standards Act and the Ohio Minimum Fair Wage Standards Act. The Court conditionally certifies an FLSA class consisting of any home manager, caregiver, licensed practical nurse, home health aide, physical therapist, occupational therapist, aide, registered nurse or other employee who provided companionship services, domestic services, home care, and other in-home services, employed by Home Health Connection, Inc. between October 13, 2015 and the present, and who worked more than forty hours in a week during that period without receiving time-and-a-half pay. Within seven days of the issuance of the Opinion and Order, the Court directed the Defendant to, if it has not already done so, provide the Class Plaintiffs with names, residential and business addresses, and e-mail addresses for all employees, both current and former, employed by Defendant since October 13, 2015, who provided companionship services. Judge Sargus ordered the Class Plaintiffs to make the changes to the Opt-In Notice mandated by the Opinion and Order, and mail the updated Opt-In Notice and consent form to prospective class members within 10 days of receiving from the Defendant the information outlined above. A copy of the Opinion and Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=vzadekUW HUNGARY: Star Seeks Class Certification of Suit Over Holocaust -------------------------------------------------------------- The Plaintiffs in the lawsuit titled Joe W. Star, Stephan Istvan Bass, Edith Reich Alexander, Judith Varnai Aronson, Iren Schwarz Gati, Ani Brieger, Gizella Frischman Barabas and Mary Keller Wexler, individually, and on behalf of all others similarly situated v. Republic of Hungary, Case No. 1:16-cv-05709 (N.D. Ill.), file their placeholder motion for certification of this class: All survivors, heirs, and next of kin, of persons of Jewish descent who were the victims of the Hungarian Holocaust, and who (a) reside in the United States, or (b) are U.S. citizens residing abroad. The Case seeks compensation for victims, survivors, heirs, and next of kin of Hungarian Jews, who were allegedly deprived of their property and possessions as a result of the Holocaust conducted by the Republic of Hungary during World War II. The Plaintiffs also ask the Court to designate them as the Class representatives, and their counsel as Class counsel. * * * The Clerk of the Court made a minute entry on June 1, 2016, in the case stating that the Plaintiffs' Motion is entered and continued generally. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=8sOvAB5d A copy of the Notification of Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=9B0Ce8ys The Plaintiffs are represented by: Anthony D'Amato, Esq. 5807 Lake Shore Drive Holland, MI 49424 Telephone: (616)-399-6344 E-mail: a-damato@northwestern.edu - and - Aaron Ross Walner, Esq. THE WALNER LAW FIRM 555 Skokie BLVD. suite 250 Northbrook, IL 60062 Telephone: (312) 201-1616 E-mail: awalner@walnerlawfirm.com INDOFF INC: Hearing on Bid to Certify Class Continued to July 7 --------------------------------------------------------------- The Clerk of the U.S. District Court for the Northern District of Illinois made a docket entry on May 31, 2016, in the case styled Old Town Pizza of Lombard, Inc. v. Indoff, Incorporated, et al., Case No. 1:16-cv-05254 (N.D. Ill.), relating to a hearing held before the Honorable Robert M. Dow, Jr. The minute entry states that the Plaintiff's motion to certify class is entered and continued on July 7, 2016, at 9:00 a.m. The notice of the June 2 motion date is stricken. A copy of the Notification of Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=K5HJNDzW INTERNATIONAL PAPER: Kleen Products Action in Discovery Stage ------------------------------------------------------------- International Paper Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 5, 2016, for the quarterly period ended March 31, 2016, that the Kleen Products LLC action related to containerboard is in the discovery stage and the Tennessee action is in a preliminary stage. The Company said, "In September 2010, eight containerboard producers, including International Paper and Temple-Inland, were named as defendants in a purported class action complaint that alleged a civil violation of Section 1 of the Sherman Act. The suit is captioned Kleen Products LLC v. International Paper Co. (N.D. Ill.). The complaint alleges that the defendants, beginning in February 2004 through November 2010, conspired to limit the supply and thereby increase prices of containerboard products. The class is all persons who purchased containerboard products directly from any defendant for use or delivery in the United States during the period February 2004 to November 2010. The complaint seeks to recover unspecified treble damages and attorneys' fees on behalf of the purported class. Four similar complaints were filed and have been consolidated in the Northern District of Illinois. In March 2015, the District Court certified a class of direct purchasers of containerboard products; in June 2015, the United States Court of Appeals for the Seventh Circuit granted the defendants' petition to appeal and the class certification issue is now pending in that court. In June 2015, International Paper and Temple-Inland were named as defendants in a lawsuit, later dismissed without prejudice in November 2015, captioned Del Monte Fresh Products N.A., Inc. v. Packaging Corporation of America (S.K. Fl.), in which the Plaintiff asserted substantially similar allegations to those raised in the Kleen Products LLC action. Moreover, in January 2011, International Paper was named as a defendant in a lawsuit filed in state court in Cocke County, Tennessee alleging that International Paper violated Tennessee law by conspiring to limit the supply and fix the prices of containerboard from mid-2005 to the present. Plaintiffs in the state court action seek certification of a class of Tennessee indirect purchasers of containerboard products, damages and costs, including attorneys' fees. No class certification materials have been filed to date in the Tennessee action. The Company disputes the allegations made and is vigorously defending each action. However, because the Kleen Products LLC action is in the discovery stage and the Tennessee action is in a preliminary stage, we are unable to predict an outcome or estimate a range of reasonably possible loss." INTERNATIONAL PAPER: Still Defends Homebuilders' Lawsuit -------------------------------------------------------- International Paper Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 5, 2016, for the quarterly period ended March 31, 2016, that the Company intends to dispute the allegations made and to vigorously defend the lawsuit filed by several homebuilders related to gypsum. The Company said, "Beginning in late December 2012, certain purchasers of gypsum board filed a number of purported class action complaints alleging civil violations of Section 1 of the Sherman Act against Temple-Inland and a number of other gypsum manufacturers. The complaints were similar and alleged that the gypsum manufacturers conspired or otherwise reached agreements to: (1) raise prices of gypsum board either from 2008 or 2011 through the present; (2) avoid price erosion by ceasing the practice of issuing job quotes; and (3) restrict supply through downtime and limiting order fulfillment. On April 8, 2013, the Judicial Panel on Multidistrict Litigation ordered transfer of all pending cases to the U.S. District Court for the Eastern District of Pennsylvania for coordinated and consolidated pretrial proceedings, and the direct purchaser plaintiffs and indirect purchaser plaintiffs filed their respective amended consolidated complaints in June 2013. The amended consolidated complaints alleged a conspiracy or agreement beginning on or before September 2011. The alleged classes were all persons who purchased gypsum board directly or indirectly from any defendant. The complainants sought to recover unspecified treble actual damages and attorneys' fees on behalf of the purported classes. In February 2015, we executed a definitive agreement to settle these cases for an immaterial amount, and this settlement received final court approval and was paid in the third quarter of 2015. In March 2015, several homebuilders filed an antitrust action in the United States District Court for the Northern District of California alleging that they purchased gypsum board and making similar allegations to those contained in the above settled proceeding. The Company intends to dispute the allegations made and to vigorously defend that lawsuit and any lawsuit brought by any purported class member that elected to opt out of the settlement." INTERNATIONAL PAPER: Canada Case Settlement Subject to Negotiation ------------------------------------------------------------------ International Paper Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 5, 2016, for the quarterly period ended March 31, 2016, that in September 2013, similar purported class actions were filed in courts in Quebec, Canada and Ontario, Canada, with each suit alleging violations of the Canadian Competition Act and seeking damages and injunctive relief. "In May 2015, we reached an agreement in principle to settle these Canadian cases, as well as a similar action filed in British Columbia, Canada, for an immaterial amount. This settlement in principle is subject to negotiation and execution of a definitive settlement agreement, which would then be subject to court approval," the Company said. JAMES STEWART: Class Certification in "Pipkins" Suit Dismissed -------------------------------------------------------------- The Hon. Dee D. Drell dismissed as premature the motion to certify class in the lawsuit captioned Renee Pipkins, et al. v. James E. Stewart, Sr., Case No. 5:15-cv-02722-DDD-MLH (W.D. La.). Judge Drell said that the Motion may be re-urged after class certification discovery is complete, assuming the Case is not dismissed on another basis. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=VvB9O9M8 KASHI COMPANY: Recalls Granola Products Due to Listeria ------------------------------------------------------- Kashi Company announced a voluntary recall of Kashi(R) Trail Mix Chewy Granola Bars and Bear Naked(R) Soft Baked Granola, Cinnamon + Sunflower Butter in the continental United States because they contain ingredients made from sunflower seeds distributed by our supplier, SunOpta, that have the potential to be contaminated with Listeria monocytogenes. Listeria monocytogenes can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women. The company has received no reports of illness to date but is taking this action as part of its commitment to the health and safety of the people who eat its foods. HOW TO IDENTIFY THE RECALLED PRODUCT The recall is limited to Kashi Trail Mix Chewy Granola Bars and Bear Naked Soft Baked Granola, Cinnamon + Sunflower Butter packed in two sizes. These products were distributed throughout the continental United States: Description UPC Code Size Better If Used (Retail) -------- ---- Before Date/Best If ----------- Used By Date -------------------- Kashi(R) Trail 18627 03000 7.4 oz JAN0417; JAN0517; Mix Chewy (6 ct) JAN0617; JAN0717; Granola Bars JAN0817; JAN09 17 Bear Naked(R) 84623 10163 11 oz JAN 10 2017 and Soft Baked JAN 11 2017 Granola, Cinnamon + Sunflower Butter Description UPC Code Size Better If Used (Club) -------- ---- Before Date/Best If ----------- Used By Date -------------------- Bear Naked(R) 84623 10173 26 oz DEC 24 2016; DEC 25 Soft Baked 2016; Granola, JAN 11 2017; JAN 12 Cinnamon + 2017; Sunflower Butter JAN 13, 2017 Images of these products can be found at www.consumeralert.kashi.com. No other Kashi or Bear Naked products are impacted by this recall. People who have purchased affected product should discard it and contact Kashi for a full refund. Additional information is available on our website at www.consumeralert.kashi.com and by calling our consumer hotline at 1-877-747-2467, Monday through Friday, 6 a.m. - 3 p.m. PST. Pictures of the Recalled Products available at: https://is.gd/ql3Llh KBK SERVICES: Court Certifies FLSA Class in "Ricard" Suit --------------------------------------------------------- The Hon. James D. Peterson granted the Plaintiffs' motion for class certification in the lawsuit entitled ANDREW RICARD, TIM MACKAY, On behalf of themselves and all others similarly situated v. KBK SERVICES INC., Case No. 3:15-cv-00299-jdp (W.D. Wisc.). The Plaintiffs accuse their former employer, KBK Services Inc., of underpaying employees. The Plaintiffs seek to represent a collective action under the Fair Labor Standards Act and a class action under Wisconsin wage and hour laws, Wisconsin Statutes Section 109.03 and Wisconsin Administrative Code DWD Section 272.12. Judge Peterson opined that certain claim is time barred and, hence, revised the Class definition as follows: all KBK employees who, during the time period of May 19, 2013 and thereafter, traveled at least 90 miles from their home to work on a KBK jobsite, and were not paid for all of their travel time between their home and the KBK jobsite or did not have all of their travel time counted as hours worked in determining their eligibility for overtime pay. In the same Opinion and Order, Judge Peterson denied KBK's motion to decertify the collective action. A copy of the Opinion and Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=ApnouXpm KEARNES PAINTING: Certification of Class Sought in "Miller" Suit ---------------------------------------------------------------- Fredrick Miller moves the Court for an order conditionally certifying the action captioned Fredrick Miller, On behalf of himself and those similarly situated v. Kearnes Painting Corp. (d/b/a AK Painting) and Arthur Kearnes, Case No. 2:16-cv-00505- MHW-TPK (S.D. Ohio), as a collective action under the Fair Labor Standards Act. Mr. Miller also asks the Court to designate him as representative of a class consisting of all of the Defendants' "painter" employees who, at any time in the last three years, worked in excess of 40 hours in one or more workweeks, but were not paid at one and a half times their regular hourly rate for that time. In connection with the conditional certification, the Plaintiff further moves the Court for an order authorizing him to send notices of the lawsuit to putative class members that will inform similarly situated individuals of their rights and provide them with an opportunity to join the action consistent with the Proposed Notice of Collective Action. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=ILByQpBr The Plaintiff is represented by: Eric Kmetz, Esq. Andrew R. Biller, Esq. MARKOVITS, STOCK & DEMARCO, LLC 119 East Court Street, Suite 530 Cincinnati, OH 45202 Telephone: (513) 651-3700 Facsimile: (513) 665-0219 E-mail: ekmetz@msdlegal.com abiller@msdlegal.com KIMBERLY-CLARK CORP: Bahamas Surgery Seeks Class Certification -------------------------------------------------------------- Bahamas Surgery Center, of the Plaintiffs in the lawsuit titled PRIME HEALTHCARE CENTINELA, LLC, et al. v. KIMBERLY-CLARK CORPORATION, a Delaware Corporation, and HALYARD HEALTH, INC., a Delaware Corporation, Case No. 2:14-cv-08390-DMG-PLA (C.D. Cal.), moves the Court for certification of these classes: (1) California Damages/Restitution Class: All entities and natural persons in California who purchased the MicroCool Gowns from February 12, 2012 up to and including January 11, 2015 (the "California Damages/Restitution Class"). (2) California Injunctive Relief Class: All entities and natural persons in California who purchased the MicroCool Gowns from February 12, 2012 up to and including January 11, 2015 (the "California Injunctive Relief Class"). (3) Nationwide Issue Based Class: A nationwide class of all entities and natural persons who purchased the MicroCool Gowns from February 12, 2012 up to and including January 11, 2015, for the resolution of the specific issue of whether Defendants misrepresented during the time period February 12, 2012 up to and including January 11, 2015 the liquid barrier claims relating to the MicroCool Gowns (e.g. whether the gowns met the AAMI Level 4 standard) on the gowns packaging and in their marketing materials and/or whether Defendants concealed material facts relating thereto. The class period of the Plaintiffs' class claims is between February 12, 2012, up to and including January 11, 2015. Excluded from each of these classes are (a) any governmental entity; (b) any person or entity in which any judge, justice, or judicial officer presiding over this matter and members of their immediate families and judicial staff, have any controlling interest; and (c) any partner or employee of class counsel. The Plaintiff also asks that it be appointed as class representative for each of the three classes, and that Michael Avenatti, Esq., of Eagan Avenatti, LLP, be appointed as class counsel. The Court will commence a hearing on August 19, 2016, at 10:00 a.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=O2W1z2z9 The Plaintiffs are represented by: Michael J. Avenatti, Esq. Ahmed Ibrahim, Esq. EAGAN AVENATTI, LLP 520 Newport Center Drive, Suite 1400 Newport Beach, CA 92660 Telephone: (949) 706-7000 Facsimile: (949) 706-7050 E-mail: mavenatti@eaganavenatti.com aibrahim@eaganavenatti.com LASERSHIP INC: Faces "Knox" Suit E.D. Penn. ------------------------------------------- A lawsuit has been filed against Lasership, Inc. The case is captioned Anthony Knox, Brian Beckett, Albert Colbert, Guy Hollingsowrth, and Jamal Bey, individually and on behalf of a group of individuals similarly situated, the Plaintiffs, v. Lasership, Inc., the Defendants, Case No. 2:16-cv-02673-JCJ (E.D. Penn., June 1, 2016). The assigned Judge is Hon. J. Curtis Joyner. LaserShip is a last mile delivery specialist, reaching east coast markets from Miami to Maine. The Plaintiff is represented by: Sidney L. Gold, Esq. SIDNEY L. GOLD & ASSOCIATES, PC Eleven Penn Ctr Suite 515 1835 Market St Philadelphia, PA 19103 Telephone: (215) 569 1999 Facsimile: (215) 569 3870 E-mail: sgold@discrimlaw.net LINCOLN NATIONAL: Expects Lehman Brothers Action to Be Dismissed ---------------------------------------------------------------- Lincoln National Corporation said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 5, 2016, for the quarterly period ended March 31, 2016, that on July 23, 2012, The Lincoln National Life Insurance Company was added as a noteholder defendant to a putative class action adversary proceeding ("adversary proceeding") captioned Lehman Brothers Special Financing, Inc. v. Bank of America, N.A. et al., Adv. Pro. No. 10-03547 (JMP) and instituted under In re Lehman Brothers Holdings Inc. in the United States Bankruptcy Court in the Southern District of New York. Plaintiff Lehman Brothers Special Financing Inc. sought to recover funds paid out to noteholders in accordance with the note agreements related to certain collateralized debt obligation transactions. "To avoid the costs, risks and uncertainties inherent in litigation, and without admitting any liability or wrongdoing, we have reached a confidential agreement to settle this matter. We expect the case to be dismissed on the filing of a Stipulation of Dismissal with Prejudice," the Company said. Lincoln National Corporation and its majority-owned subsidiaries operate multiple insurance businesses through four business segments. MANHATTAN BEER: "Mejia" Suit to Recover OT, Damages --------------------------------------------------- Esau Mejia, individually and on behalf of all others similarly situated, Plaintiff, v. Manhattan Beer Distributors, LLC, Simon Berguson and Rodney Brayman, individuals, Defendants, Case No. 1:16-cv-03994 (S.D. N.Y., May 27, 2016), seeks equitable and injunctive relief, unpaid overtime wages, unlawfully deducted wages, liquidated damages, restitution and/or disgorgement of profits, prejudgment and post-judgment interest, reasonable attorney fees and such further relief pursuant to the Fair Labor Standards Act and New York Labor Laws. Headquartered in Brooklyn, NY, and owned by Simon Berguson and Rodney Brayman, Manhattan Beer Distributors, LLC is a wholesale regional distributor of beer. Mejia worked as a truck driver and claims to have been denied overtime pay, worked through meal breaks, and subjected to illegal deductions. Plaintiff is represented by: Helen F. Dalton, Esq. HELEN F. DALTON & ASSOCIATES, P.C. 69-12 Austin Street Forest Hills, NY 11375 Tel: (718) 263-9591 Fax: (718) 263-9598 Email: avshalumovr@yahoo.com MAYBORN USA: Recalls Spill-Proof Cups Due to Mold Risk ------------------------------------------------------ The U.S. Consumer Product Safety Commission, in cooperation with Mayborn USA Inc., of Norwood, Mass., announced a voluntary recall of about 3.1 million Tommee Tippee Sippee spill-proof cups (in addition, 227,000 were sold in Canada). Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. Mold can develop on the removable, one-piece, white valve inside the spill-proof Tommee Tippee Sippee cups when it remains wet/moist and is infrequently cleaned. The CPSC advises that mold ingestion poses a risk of gastrointestinal symptoms and infections in consumers with compromised immune systems. This recall involves five types of spill-proof Tommee Tippee Sippee cups all with a removable, one-piece white valve. The five types include: First Sips Transition cup, Trainer Sippee cup, Sippee cup (including Cute Quips), Sportee bottle and Insulated Swiggle/Sippee tumblers. The plastic drinking cups have spill- proof tops, easy-grip sides with detachable handles and were sold in clear with colored lids and a variety of colors and character prints. Some of the cups include short phrases on the front of the cups including: "You Pour I'll Fling," or "Drink Drop Repeat." The cups have a 7 to 10 oz. capacity and were sold for children ages 4 to 12 months. Only Tommee Tippee Sippee cups with a removable, one-piece white valve are included in this recall. Mayborn USA has received 3,066 reports of mold in the removable, one-piece, opaque valve of the Sippee cups, including 68 reports of children experiencing diarrhea, vomiting or other symptoms associated with drinking from a cup with mold in the valve. Pictures of the Recalled Products available at: https://is.gd/hF3Xs7 The recalled products were manufactured in China and sold at BuyBuy Baby, CVS, Giant, Kohl's, Marco Baby, Marshalls, Meijer, Sam's Club, Ross Stores, Target, Bealls Outlet, Walgreens and Wal- Mart and other mass merchandise stores nationwide and online at Amazon.com, Babyhaven.com, and Diapers.com from December 2014 through May 2016 for between $4 and $7. Consumers should immediately stop using the recalled Sippee cups and contact Mayborn to receive a free replacement cup. MDL 2179: Nalco Still Defends Oil Spill Litigation -------------------------------------------------- Ecolab Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 5, 2016, for the quarterly period ended March 31, 2016, that Nalco Company is a defendant in putative class action litigation related to the Deepwater Horizon oil spill. Nalco Company was named, along with other unaffiliated defendants, in six putative class action complaints related to the Deepwater Horizon oil spill: Adams v. Louisiana, et al., Case No. 11-cv- 01051 (E.D. La.); Elrod, et al. v. BP Exploration & Production Inc., et al., 12-cv-00981 (E.D. La.); Harris, et al. v. BP, plc, et al., Case No. 2:10-cv-02078-CJBSS (E.D. La.); Irelan v. BP Products, Inc., et al., Case No. 11-cv-00881 (E.D. La.); Petitjean, et al. v. BP, plc, et al., Case No. 3:10-cv-00316-RS- EMT (N.D. Fla.); and, Wright, et al. v. BP, plc, et al., Case No. 1:10-cv-00397-B (S.D. Ala.). The cases were filed on behalf of various potential classes of persons who live and work in or derive income from the effected Coastal region. Each of the actions contains substantially similar allegations, generally alleging, among other things, negligence relating to the use of our COREXIT dispersant in connection with the Deepwater Horizon oil spill. The plaintiffs in these putative class action lawsuits are generally seeking awards of unspecified compensatory and punitive damages, and attorneys' fees and costs. These cases have been consolidated in MDL 2179. Other Related Claims Pending in MDL 2179 Nalco Company was also named, along with other unaffiliated defendants, in 23 complaints filed by individuals: Alexander, et al. v. BP Exploration & Production, et al., Case No. 11-cv-00951 (E.D. La.); Best v. British Petroleum plc, et al., Case No. 11-cv- 00772 (E.D. La.); Black v. BP Exploration & Production, Inc., et al. Case No. 2:11-cv- 867, (E.D. La.); Brooks v. Tidewater Marine LLC, et al., Case No. 11-cv- 00049 (S.D. Tex.); Capt Ander, Inc. v. BP, plc, et al., Case No. 4:10-cv-00364-RH-WCS (N.D. Fla.); Coco v. BP Products North America, Inc., et al. (E.D. La.); Danos, et al. v. BP Exploration et al., Case No. 00060449 (25th Judicial Court, Parish of Plaquemines, Louisiana); Doom v. BP Exploration & Production, et al. , Case No. 12-cv-2048 (E.D. La.); Duong, et al., v. BP America Production Company, et al., Case No. 13-cv- 00605 (E.D. La.); Esponge v. BP, P.L.C., et al., Case No. 0166367 (32nd Judicial District Court, Parish of Terrebonne, Louisiana); Ezell v. BP, plc, et al., Case No. 2:10-cv-01920-KDE-JCW (E.D. La.); Fitzgerald v. BP Exploration, et al., Case No. 13-cv-00650 (E.D. La.); Hill v. BP, plc, et al., Case No. 1:10-cv-00471-CG-N (S.D. Ala.); Hogan v. British Petroleum Exploration & Production, Inc., et al., Case No. 2012-22995 (District Court, Harris County, Texas); Hudley v. BP, plc, et al., Case No. 10-cv-00532-N (S.D. Ala.); In re of Jambon Supplier II, L.L.C., et al., Case No. 12- 426 (E.D. La.); Kolian v. BP Exploration & Production, et al. , Case No. 12-cv-2338 (E.D. La.); Monroe v. BP, plc, et al., Case No. 1:10-cv-00472-M (S.D. Ala.); Pearson v. BP Exploration & Production, Inc., Case No. 2:11-cv-863, (E.D. La.); Shimer v. BP Exploration and Production, et al, Case No. 2:13-cv-4755 (E.D. La.); Top Water Charters, LLC v. BP, P.L.C., et al., No. 0165708 (32nd Judicial District Court, Parish of Terrebonne, Louisiana); Toups, et al. v Nalco Company, et al., Case No. 59-121 (25th Judicial District Court, Parish of Plaquemines, Louisiana); and, Trehern v. BP, plc, et al., Case No. 1:10-cv-00432-HSO-JMR (S.D. Miss.). The cases were filed on behalf of individuals and entities that own property, live, and/or work in or derive income from the effected Coastal region. Each of the actions contains substantially similar allegations, generally alleging, among other things, negligence relating to the use of our COREXIT dispersant in connection with the Deepwater Horizon oil spill. The plaintiffs in these lawsuits are generally seeking awards of unspecified compensatory and punitive damages, and attorneys' fees and costs. Pursuant to orders issued by the court in MDL 2179, the claims were consolidated in several master complaints, including one naming Nalco Company and others who responded to the Gulf Oil Spill (known as the "B3 Master Complaint"). On May 18, 2012, Nalco filed a motion for summary judgment against the claims in the "B3" Master Complaint, on the grounds that: (i) Plaintiffs' claims are preempted by the comprehensive oil spill response scheme set forth in the Clean Water Act and National Contingency Plan; and (ii) Nalco is entitled to derivative immunity from suit. On November 28, 2012, the Court granted Nalco's motion and dismissed with prejudice the claims in the "B3" Master Complaint asserted against Nalco. The Court held that such claims were preempted by the Clean Water Act and National Contingency Plan. Because claims in the "B3" Master Complaint remain pending against other defendants, the Court's decision is not a "final judgment" for purposes of appeal. Under Federal Rule of Appellate Procedure 4(a), plaintiffs will have 30 days after entry of final judgment to appeal the Court's decision. Nalco Company, the incident defendants and the other responder defendants have been named as first party defendants by Transocean Deepwater Drilling, Inc. and its affiliates (the "Transocean Entities") (In re the Complaint and Petition of Triton Asset Leasing GmbH, et al, MDL No. 2179, Civil Action 10-2771). In April and May 2011, the Transocean Entities, Cameron International Corporation, Halliburton Energy Services, Inc., M-I L.L.C., Weatherford U.S., L.P. and Weatherford International, Inc. (collectively, the "Cross Claimants") filed cross claims in MDL 2179 against Nalco Company and other unaffiliated cross defendants. The Cross Claimants generally allege, among other things, that if they are found liable for damages resulting from the Deepwater Horizon explosion, oil spill and/or spill response, they are entitled to indemnity or contribution from the cross defendants. In April and June 2011, in support of its defense of the claims against it, Nalco Company filed counterclaims against the Cross Claimants. In its counterclaims, Nalco Company generally alleges that if it is found liable for damages resulting from the Deepwater Horizon explosion, oil spill and/or spill response, it is entitled to contribution or indemnity from the Cross Claimants. In December 2012 and January 2013, the MDL 2179 court issued final orders approving two settlements between BP and Plaintiffs' Class Counsel: (1) a proposed Medical Benefits Class Action Settlement; and (2) a proposed Economic and Property Damages Class Action Settlement. Pursuant to the proposed settlements, class members agree to release claims against BP and other released parties, including Nalco Energy Services, LP, Nalco Holding Company, Nalco Finance Holdings LLC, Nalco Finance Holdings Inc., Nalco Holdings LLC and Nalco Company. MDL 2437: Interlocutory Appeal of Summary Judgment Order Okayed --------------------------------------------------------------- In the case, IN RE: DOMESTIC DRYWALL ANTITRUST LITIGATION THIS DOCUMENT RELATES TO: All Direct Purchaser Actions All Indirect Purchaser Actions, MDL No. 2437, No. 13-MD-2437 (E.D. Pa.), Plaintiffs and Defendants submitted memoranda in response to the Court's Order dated May 20, 2016, which evaluated Defendants' Motions to Certify the Court's February 2016 Summary Judgment Order for Interlocutory Appeal under 28 U.S.C. Sec. 1292(b). The Court concluded that Defendants had satisfied their statutory burden. To aid the Court in reaching a decision about whether and how to exercise its discretion, the Court asked the parties to express their preference as to whether the Court should certify its February 2016 Order for appeal now, or delay the decision until this Court makes a decision on Plaintiffs' Motion for Class Certification. The Plaintiffs urge the Court to withhold certification, arguing that an appellate rejection of the Court's decision upholding the Plaintiffs' conduit theory would not make any difference in the decision denying summary judgment, particularly now that LaFarge, the defendant for which this issue may be very important, has now agreed to a settlement with at least the Direct Purchasers. The Defendants argue, given the Court's conclusion that the statutory prerequisites have been satisfied, certification at this time would be appropriate. Prompt certification would allow the Third Circuit to decide for itself whether to hear argument on the conduit theory in this case, along with its anticipated consideration of the same theory in the Vaspar litigation. The Third Circuit would also then be able to decide whether to make that decision without waiting for this Court's decision on the class-action issue. In a Memorandum dated June 3, 2016, available at http://bit.ly/1OeoQZAfrom Leagle.com, District Judge Michael M. Baylson held that, "In its last Order, this Court determined that the statutory prerequisites for interlocutory appeal were satisfied. (ECF 384) Today, the Court determines that it should exercise its discretion to certify the Order for interlocutory appeal because a resolution of the conduit-theory issue may simplify issues going forward. Finally, the Court also determines today that it should exercise its discretion promptly rather than wait for resolution of the class certification. Although the question is a close one, this Court has decided to certify the Order presently because doing so will give the Third Circuit discretion to decide, as the appellate court, whether to allow the interlocutory appeal at this time, reject the appeal completely, or postpone a decision until after this Court's decision on the class certification. "Thus, for the reasons stated above, the Court will certify its February 2016 Summary Judgment Order for interlocutory appeal. Although the Court recognizes that it is the Order and not a specific question that is certified, the question the Court would ask the Third Circuit to address is: May a fact finder conclude that an antitrust conspiracy exists by relying in part on circumstantial evidence that indicates that defendants communicated through a middle-man, or conduit, even though that middle-man is not alleged to have been a knowing participant in the conspiracy?" MEADOW GOLD: Recalls Whipping Cream Products -------------------------------------------- The Meadow Gold Dairy plant in Boise is voluntarily recalling Meadow Gold brand Old Style Whipping Cream and Meadow Gold DairyPure brand Whipping Cream and Half and Half due to insufficient pasteurization. It is possible that pathogens present in raw milk, including Salmonella, Campylobacter, Listeria, and/or E. coli, may have survived and, if ingested, could cause serious or life threatening issues. Meadow Gold Dairy has received no reports of illnesses related to the affected product to date and is removing the product from the market. Distribution of the affected product was limited in scope. Therefore, consumers should only be concerned with products carrying the following Individual Universal Product Codes (UPCs) and plant code 16-05: Size Name UPC # Code Date Plant Code ---- ---- ----- --------- ---------- Pint Meadow Gold 1570013313 06-24-16 16-05 "Old Style" Whipping Cream Half Meadow Gold 1570010018 06-24-16 16-05 Pint DairyPure Whipping Cream 1570013210 06-24-16 16-05 Quart Meadow Gold DairyPure Whipping Cream Quart Meadow Gold 4190007913 06-17-16 16-05 DairyPure Half and Half Gallon Meadow Gold 1570016615 06-24-16 16-05 DairyPure Whipping Cream No other Meadow Gold Dairy products are affected by this recall. The recall involves approximately 10,000 units of the affected product, which was distributed in four states including Idaho, Oregon, Wyoming and Utah through numerous retail outlets and food service settings. The company is actively notifying customers and is in the process of retrieving the affected product. During a routine records review, we discovered that the product may have been under-processed. Meadow Gold Dairy has ceased distribution of the affected product and recovery is actively underway. Consumers who have this product should not consume it. They should discard it and may return the product package to the place of purchase for a full refund or exchange. Consumers with questions can contact the Company at 1-800-587-2259 Monday through Friday from 8:00am to 5:00pm central time. The Idaho Department of Agriculture's Bureau of Dairying and the Food and Drug Administration have been notified of this recall. Pictures of the Recalled Products available at: https://is.gd/bZBNvZ MERCEDES-BENZ USA: Callaway Seeks Certification of SUV Class ------------------------------------------------------------ The Plaintiffs in the lawsuit styled ELIZABETH CALLAWAY, and WILLIAM S. CALLAWAY, on behalf of themselves and all other similarly situated v. MERCEDES-BENZ USA, LLC, a Delaware limited liability company, Case No. 8:14-cv-02011-JVS-DFM (C.D. Cal.), ask the Court for an order certifying the case as a class action with this class and subclass definition: (a) Class: All persons who purchased a new or certified pre-owned Mercedes Benz SUV Class Vehicle with a seat heater from an MBUSA authorized dealer in the State of California. The "SUV Class Vehicles" include all (a) M-Class model years 2000 to 2007; (b) R-Class model years 2006 and 2007; and (c) GL-Class model year 2007 (the "Class"). The Class Period is from January 2000 to the present. (b) Subclass: All individuals who are members of the Class and purchased an SUV Class Vehicle from an MBUSA authorized dealer in California for personal, family or household purposes. Plaintiff William S. Callaway also asks the Court to appoint him as the class representative of the Class and the Subclass. He also asks for an order appointing Jason M. Frank, Esq., and Scott H. Sims, Esq., of Frank Sims & Stolper LLP; Eric F. Yuhl, Esq., and Colin A. Yuhl, Esq., of Yuhl Carr LLP; and Patrick McNicholas, Esq., of McNicholas & McNicholas LLP as class counsel. Alternatively, if the Court denies certification pursuant to Rule 23(b)(3), the Plaintiff asks certification of these issues pursuant to Federal Rule of Civil Procedure 23(c)(4): (1) Existence of Seat Heater Problem: Does a safety defect exist related to the seat heaters in the SUV Class Vehicles? (2) MBUSA's Knowledge of Seat Heater Problem: Was MBUSA aware that the seat heaters in the SUV Class Vehicles were malfunctioning? (3) MBUSA's Superior Knowledge: Was MBUSA's knowledge of the seat heater problem exclusive or superior to its customers? (4) Materiality: Would the seat heater problem be considered important to a "reasonable consumer" when determining whether to purchase an SUV Class Vehicle and pay the offered price? (5) Safety Concern: Does the seat heater problem present a safety concern that needed to be disclosed at the time of sale? (6) Failure to Disclose: Did MBUSA fail to disclose the seat heater problem? (7) Duty to Disclose: Did MBUSA have a legal duty to disclose the seat heater problem? The Court will commence a hearing on August 29, 2016, at 1:30 p.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=aghbo2DB The Plaintiffs are represented by: Jason M. Frank, Esq. Scott H. Sims, Esq. FRANK SIMS & STOLPER LLP 3200 Park Center Drive Costa Mesa, CA 92626 Telephone: (949) 201-2400 Facsimile: (949) 201-2405 E-mail: jfrank@lawfss.com ssims@lawfss.com - and - Eric F. Yuhl, Esq. Colin A. Yuhl, Esq. YUHL CARR, LLP 4676 Admiralty Way, Suite 550 Marina Del Rey, CA 90292 Telephone: (310) 827-2800 Facsimile: (310) 827-4200 E-mail: eyuhl@yuhlcarr.com cayuhl@yuhlcarr.com - and - John Patrick McNicholas, IV, Esq. Philip Shakhnis, Esq. McNICHOLAS & McNICHOLAS, LLP 10866 Wilshire Blvd., Suite 1400 Los Angeles, CA 90024 Telephone: (310) 474-1582 Facsimile: (310) 475-7871 E-mail: pmc@mcnicholaslaw.com ps@mcnicholaslaw.com MIAMI-DADE COUNTY: Checker Suit Moved from Cir. Ct. to S.D. Fla. ---------------------------------------------------------------- Checker Cab Operators, Inc., a Florida Corporation, individually and on behalf of others similarly situated, B&S Taxi Corp., a Florida Corporation, and MIADECO Corp., a Florida Corporation, the Plaintiffs, v. Miami-Dade County, a political subdivision of the State of Florida, the Defendant, Case No. 16-04244, was removed from 11th Judicial Circuit Court in and for Miami-Dade, to the U.S. District Court for the Southern District of Florida (Miami). The Southern District Court assigned Case No. 1:16-cv-21976-DPG to the proceeding. The assigned Judge is Ho. Darrin P. Gayles. Miami-Dade County, officially the County of Miami-Dade, is an American county located in the southeastern part of the U.S. state of Florida. The Plaintiffs are represented by: Ralph George Patino, Esq. PATINO & ASSOCIATES, P.A. 550 Biltmore Way, Suite 740 Coral Gables, FL 33134 Telephone: (305) 443 6163 Facsimile: (305) 443 5635 E-mail: rpatino@patinolaw.com The Defendant is represented by: Bernard Pastor, Esq. MIAMI-DADE COUNTY ATTORNEY'S OFFICE Metro Dade Center 111 NW 1st Street, Suite 2810 Miami, FL 33128-1993 Telephone: (305) 375 5151 Facsimile: (305) 375 5634 E-mail: pastor@miamidade.gov MIDLAND CREDIT: Wins Summary Judgment in "Huebner" Class Suit ------------------------------------------------------------- The Hon. Brian M. Cogan granted the Defendants' motion for summary judgment in the lawsuit styled LEVI HUEBNER on behalf of himself and all other similarly situated customers v. MIDLAND CREDIT MANAGEMENT, INC. and MIDLAND FUNDING LLC, Case No. 1:14-cv-06046- BMC (E.D.N.Y.). The Plaintiff alleges that the Defendants violated the Fair Debt Collection Practices Act by attempting to collect a $131 debt he allegedly owed Verizon. He argues that the Defendant's attempt to seek an explanation from him when it marked his debt as disputed, as well as its failure to report his debt as disputed, were both illegal. However, Judge Cogan said, the undisputed facts show defendant did nothing wrong in attempting to collect this debt, even though, as explained in a prior decision, the Plaintiff attempted to entrap it into committing an FDCPA violation, and that defendant did report the debt as disputed. Judge Cogan dismissed the Plaintiff's third amended complaint and denied the Plaintiff's motion for class certification. A copy of the Memorandum Decision and Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=t69tuoUf MILLER ALE HOUSE: "Morello" Suit to Recover OT and Minimum Pay -------------------------------------------------------------- Breanna Morello and David Terry, on behalf of themselves and as class representatives of all those similarly situated, Plaintiff(s), v. Miller's Ale House, Inc. d/b/a Miller's Ale House, Defendant(s), Case No. 2:16-cv-02715 (E.D. N.Y., May 27, 2016), seeks unpaid minimum wage, unpaid spread-of-hours, liquidated damages, statutory penalties and attorney fees and costs for violation of the Fair Labor Standards Act and the New York Labor Law. Miller's Ale House, Inc. is engaged in the restaurant business and operates at least six chain restaurants doing business as Millers Ale House in Suffolk, Nassau, Queens and Richmond Counties. Plaintiffs worked as servers. Plaintiff is represented by: Jose G. Santiago, Esq. ACKERMAN, LEVINE, CULLEN, BRICKMAN & LIMMER, LLP 1010 Northern Blvd., Suite 400 Great Neck, NY 11021 Tel: (516) 829-6900 - and - Peter A. Romero, Esq. LAW OFFICE OF PETER A. ROMERO 503 Route 111 Hauppauge, NY 11788 Tel: (631) 257-5588 MIRKA USA: Recalls Orbital Sanders Due to Fire Hazard ----------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Mirka USA Inc., of Twinsburg, Ohio, announced a voluntary recall of about 2,500 Random orbital sanders (in addition about 300 were sold in Canada) (additional CEROS 550 and 650 sanders were recalled for a different fire hazard in January 2015). Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. The sanders can short circuit, posing a fire hazard. This recall involves 3-inch, 5-inch and 6-inch Mirka CEROS compact electric random orbital sanders. The sanders are yellow and black with "Mirka" on the front. A speed control lever is on the top of the sanders and a vacuum hose connector on the rear. The recalled sanders came with either a cardboard box or plastic carrying case, a 12-foot power cord, DC transformer (only in certain sanders), a wrench, a multi-hole backup pad and assorted abrasives. The 3- inch sander is model CEROS 325. The 5-inch sander is model CEROS 550. The 6-inch sander is model CEROS 650. Model names are on a white sticker on the back of the sander housing beneath the hand grip, and in certain sanders, the serial number can only be found on this sticker. Serial numbers are engraved on the side of the sander housing just above the dust shroud. Sanders with serial numbers in the following ranges are being recalled: Model Number Serial Number Range ------------ ------------------- CEROS 325 3442 32028001 to 3442 32028112 CEROS 325 3371 32024001 to 3373 32024015 CEROS 325 3373 32028001 to 3373 32028112 CEROS 550 3412 28672001 to 3422 28672039 CEROS 550 3432 28672001 to 3433 28672018 CEROS 550 3341 28672001 to 3342 28672064 CEROS 550 3342 31326001 to 3342 31326013 CEROS 650 3343 31322001 to 3343 31322048 CEROS 650 3343 28673001 to 3344 28673075 CEROS 650 3383 28673001 to 3384 28673030 CEROS 550 TGU65241 to TGU65528 CEROS 550 UNU62841 to UNU63176 CEROS 650 KTN61641 to KTN61880 CEROS 650 TCU64185 to TCU64376 CEROS 650 VNU68337 to VNU68480 CEROS 650 VUU65529 to VUU65720 CEROS 650 VVU66369 to VVU66512 Mirka has received two reports of electrical shorting incidents which included the sanders sparking and smoking. No injuries or property damage have been reported. Pictures of the Recalled Products available at: https://is.gd/pzADVv The recalled products were manufactured in Finland and sold at Various distributors and independent retailers nationwide and online at Amazon.com and BeaverTools.com from January 2013 through March 2016 for about $500. Consumers should immediately stop using these recalled sanders, unplug them and contact Mirka for a free replacement sander. MISTRAS GROUP: Plaintiff's Settlement Approval Motion Due July 5 ---------------------------------------------------------------- In the case, EDGAR VICERAL and DAVID KRUEGER, individually and on behalf of all others similarly situated, Plaintiffs, v. MISTRAS GROUP, INC.; and DOES 1-50, inclusive, Defendant, Case No. 3:15- cv-02198-EMC (N.D. Cal.), District Judge Edward M. Chen ruled that Plaintiffs' Deadline to file their Motion For Preliminary Approval of A Collective and Class Action Settlement is continued from June 2, 2016 to July 5, 2016. The hearing for Plaintiffs' Preliminary Approval of A Collective and Class Action Settlement which is currently set for June 30, 2016, is vacated. The new hearing date for the Motion will be August 3, 2016 or August 4, 2016. A copy of the stipulation among the parties, dated June 3, 2016, is available at http://bit.ly/22UEprWfrom Leagle.com. Edgar Viceral, Plaintiff, represented by Stanley Donald Saltzman, Marlin & Saltzman, Carolyn Hunt Cottrell, Schneider Wallace Cottrell Konecky Wotkyns LLP, Christina Ann Humphrey, Marlin & Saltzman, Keenan Locks Klein, Schneider Wallace Cottrell Konecky Wotkyns LLP, Leslie H. Joyner, Marlin Saltzman, LLP, Nicole Nellessen Coon, Schneider Wallace Cottrell Konecky Wotkyns LLP, Tina Mehr, Marlin & Saltzman LLP & Walter Lewis Haines, United Employees Law Group, P.C.. David Krueger, Plaintiff, represented by Carolyn Hunt Cottrell, Schneider Wallace Cottrell Konecky Wotkyns LLP, Stanley Donald Saltzman, Marlin & Saltzman, Christina Ann Humphrey, Marlin & Saltzman & Nicole Nellessen Coon, Schneider Wallace Cottrell Konecky Wotkyns LLP. Mistras Group, Inc., Defendant, represented by Joseph Alan Schwachter -- jschwachter@littler.com -- Angela Joy Rafoth -- arafoth@littler.com -- and Richard Keith Chapman -- kchapman@littler.com -- at Littler Mendelson, PC. MORGANS HOTEL: "Sinclair" Sues Over Breach of Fiduciary Duties -------------------------------------------------------------- Jacquie Sinclair, on behalf of herself and those similarly situated, Plaintiff, v. Morgans Hotel Group Co., SBEEG Holdings, LLC, Trousdale Acquisition Sub, Inc., Howard M. Lorber, Andrew Broad, Kenneth E. Cruse, John Dougherty, Jason T. Kalisman, Bradford Nugent, Michael E. Olshan, Michelle S. Russo and Adam Stein, Defendants, Case No. 652858/2016 (N.Y. Sup., May. 27, 2016), seeks preliminary and permanent enjoinment, rescissory damages, attorney and expert fees and such other and further relief for breach of fiduciary duties. Morgans is a Delaware corporation and maintains its principal executive offices at 475 Tenth Avenue, New York, NY 10018. Morgans operates a hotel. Howard M. Lorber, Andrew Broad, Kenneth E. Cruse, John Dougherty, Jason T. Kalisman, Bradford Nugent, Michael E. Olshan, Michelle S. Russo and Adam Stein served in the board of directors. Morgans was to be acquired by SBEEG Holdings, LLC and its wholly- owned subsidiary, Trousdale Acquisition Sub, Inc. Such transaction was allegedly flawed, and deprives Morgans public stockholders of the ability to participate in the Company's long-term prospects. Plaintiff is represented by: Evan J. Smith, Esq. BRODSKY & SMITH, LLC 240 Mineola Boulevard Mineola, NY 11501 Phone: (516) 741-4977 Facsimile (561) 741-0626 NANTKWEST: "Hare" Action Alleges SEC Irregularities --------------------------------------------------- MICHAEL HARE and NORMAN JACOBS, on behalf of themselves and all others similarly situated, Plaintiffs, v. Nantkwest, Inc., Patrick Soon-Shiong, Barry I. Simon, Richard Gomberg, Steve Gorlin, Michael D. Blaszyk, Henry Ji, Richard Kusserow, John T. Potts, Jr., Robert Rosen, John C. Thomas, Jr., Cambridge Equities L.P., MP 13 Ventures LLC, Merrill Lynch Pierce Fenner & Smith Incorporated, Citigroup Global Markets Inc., Jefferies LLC, Piper Jaffra Y & Co., MIV & Co. LLC, Does 1 through 25, Inclusive, Defendants, Case No. BC621836 (S.D. N.Y., May 27, 2016), seeks compensatory damages, reasonable costs and expenses, counsel fees and expert fees, rescission or a rescissory measure of damages and such other and further relief under the Securities Act of 1933. NantKwest is Delaware corporation with principal executive office located at 9920 Jefferson Boulevard, Culver City, California 90232. NantKwest is developing pioneering cellular therapies that improve the body's innate immune system to treat cancers, infectious diseases and inflammatory. Patrick Soon-Shiong, Barry I. Simon, Richard Gomberg, Steve Gorlin, Michael D. Blaszyk, Henry Ji, Richard Kusserow, John T. Potts, Jr., Robert Rosen and John C. Thomas, Jr. served as board of directors while Cambridge Equities L.P., MP 13 Ventures LLC, Merrill Lynch Pierce Fenner & Smith Incorporated, Citigroup Global Markets Inc., Jefferies LLC, Piper Jaffra Y & Co. and MIV & Co. LLC are its underwriters. Plaintiffs accuse defendants of drafting, issuing and disseminating materially false and/or misleading Registration Statements and Prospectus with the SEC. Plaintiff is represented by: Patrice Bishop, Esq. STULL, STULL & BRODY 9430 W. Olympic Boulevard, Suite 400 Beverly Hills, CA 90212 Tel. (310) 209-2468 Fax. (310) 209-2087 Email: service@ssbla.com NATIONAL AUTO: Faces "Mouw" Suit in D.N.J. ------------------------------------------ A lawsuit has been filed against National Auto Division, LLC. The case is captioned Susan Mouw, individually and on behalf of all others similarly situated, the Plaintiff, v. National Auto Division, LLC, New Jersey limited liability company, the Defendant, Case No. 3:16-cv-02947-AET-DEA (D.N.J., June 1, 2016). The assigned Judge is Hon. Anne E. Thompson. National Auto provides vehicle service contracts with coverage for new and used cars. The Plaintiff is represented by: Stefan Louis Coleman, Esq. 1072 Madison Ave., Ste 1 Lakewood, NJ 08701 Facsimile: (877) 333 9427 E-mail: law@stefancoleman.com NEW YORK TIMES: Settlement Talks Fail ------------------------------------- The New York Times Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 5, 2016, for the quarterly period ended March 31, 2016, that the Company is involved in class action litigation brought on behalf of individuals who, from 2006 to 2011, delivered newspapers at the Worcester Telegram & Gazette Corporation ("Worcester"), a subsidiary of the Company. The plaintiffs are asserting several claims against Worcester, including a challenge to their classification as independent contractors, and seek unspecified damages. In April 2016, the parties engaged in an unsuccessful mediation process to resolve the litigation. The Company believes that the claims made by the plaintiffs are without merit and continues to vigorously defend its position. The Company is unable to estimate a loss or range of possible losses at this time. NOBLE HOUSE: Recalls Counter Stools Due to Laceration Hazard ------------------------------------------------------------ The U.S. Consumer Product Safety Commission, in cooperation with Noble House Home Furnishings LLC, of Chatsworth, Calif., announced a voluntary recall of about 2,000 Counter stools. Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. The kick plates of the counter stools can have a sharp edge, posing a laceration hazard to consumers. This recall involves Noble House's Louigi and Tate counter stools with solid wood legs and a metallic kick pate. The Louigi black leather counter stool has a backrest and measures about 18 inches wide by 26 inches deep by 41 inches tall. The backless Tate counter stools were sold in white or brown and measure about 16.5 inches wide by 16.5 inches deep by 27 inches tall. "MADE BY: PERMAISURI CO., LTD: No. 30 YUANCUO ROAD HONGSHANQIAO, FUZHOU, FUJIAN 350002 CHINA" is stamped on a tag on the underside of the stool's seat. The firm has received six reports of the stools injuring consumers, including scratches and cuts. Pictures of the Recalled Products available at: https://is.gd/mT3TOh The recalled products were manufactured in China and Vietnam and sold Online at Amazon.com, ATC.com, eBay.com, Greatdealfurniture.com, Groupon.com, Houzz.com, Overstock.com and Wayfair.com from October 2013 through March 2015 for about $120. Consumers should immediately stop using the recalled stools and remove the kick plates from the stools and contact Noble House for free replacement kick plates, including shipping. NORTH AMERICAN BANCARD: West Loop Seeks Certification of Class -------------------------------------------------------------- The Plaintiffs ask the Court to enter an order determining that the action styled WEST LOOP CHIROPRACTIC & SPORTS INJURY CENTER, LTD., and WEST LOOP HEALTH & SPORTS PERFORMANCE CENTER, LLC, on behalf of plaintiffs and the class members defined herein v. NORTH AMERICAN BANCARD, LLC, and JOHN DOES 1-10, Case No. 1:16-cv-05856 (N.D. Ill.), may proceed as a class action against Defendant North American Bancard, LLC. The Plaintiffs define the class as: For purposes of Count I, alleging violation of the Telephone Consumer Protection Act, 47 U.S.C. Section 227, plaintiffs seek to represent a class consisting of (a) all persons with fax numbers (b) who, on or after a date four years prior to the filing of this action (28 U.S.C. Section1658), (c) were sent faxes by or on behalf of defendant North American Bancard, LLC promoting its goods or services for sale (d) and which did not contain an opt out notice as described in 47 U.S.C. Section 227. The Plaintiffs further ask that they be appointed class representatives and that Edelman, Combs, Latturner & Goodwin, LLC, be appointed counsel for the class. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=4qm1AWgk The Plaintiffs are represented by: Daniel A. Edelman, Esq. Cathleen M. Combs, Esq. James O. Latturner, Esq. Heather Kolbus, Esq. EDELMAN, COMBS, LATTURNER & GOODWIN, LLC 20 S. Clark Street, Suite 1500 Chicago, IL 60603 Telephone: (312) 739-4200 Facsimile: (312) 419-0379 E-mail: dedelman@edcombs.com O-TEX PUMPING: Conditional Certification in "Wright" Suit Denied ---------------------------------------------------------------- The Hon. Rodney Gilstrap denied without prejudice the Plaintiff's motion for conditional certification, for disclosure of contact information, and for approval of notices in the lawsuit styled JASON WRIGHT, Individually and on behalf of All Others Similarly Situated v. O-TEX PUMPING, LLC, Case No. 2:15-cv-01895-JRG (E.D. Tex.). Judge Gilstrap opined that although the Plaintiff has not provided the Court with sufficient evidence to support two company-wide classes, the evidence does suggest the existence of current and former employees of the Defendant, who may be similarly situated to the Plaintiff. In his Motion, the Plaintiff seeks to certify two company-wide classes consisting of: (1) each individual who worked as a Pump Supervisor for Defendant at any time since November 25, 2012; and (2) each individual who worked as a Field Supervisor for Defendant at any time since November 25, 2012. Judge Gilstrap also ordered targeted discovery on the issue of conditional certification. Judge Gilstrap said that the Plaintiff may resubmit the Motion within 75 days from the date of the Order. Judge Gilstrap ordered the Parties to meet and confer and thereafter jointly submit a proposed docket control order to the Court within 14 days that includes a defined period of immediate discovery limited to the certification issue. In the event that the Plaintiff chooses to refile its Motion for Conditional Certification, the Parties are further ordered to meet and confer within 14 days of the filing regarding any remaining disputes relating to the form and manner of distributing any potential notice. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=6snsFeif OAKWOOD, OH: Thompson Seeks Certification of Class of Sellers ------------------------------------------------------------- Plaintiffs Jason Thompson and 2408 Hillview LLC move the Court for an order certifying this class of plaintiffs in the action entitled JASON THOMPSON, et al. v. CITY OF OAKWOOD, OHIO, et al., Case No. 3:16-cv-00169-TMR (S.D. Ohio), against City of Oakwood and City of Oakwood Code Enforcement Officer Ethan Kroger: All individuals and businesses that have (1) sold houses within the City of Oakwood since May 25, 2010; and (2) paid pre-sale inspection fees to the City of Oakwood in conjunction with the sale of their houses. The Plaintiffs also ask the Court to declare that the Class members are entitled to a refund of all fees paid pursuant to the unlawful pre-sale inspection fee assessments, and to preliminarily and permanently enjoin the Defendants from misapplying, dissipating, or otherwise encumbering funds rightfully belonging to the Class members. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=rC5HXcMs The Plaintiffs are represented by: Maurice A. Thompson, Esq. 1851 Center for Constitutional Law 208 E. State Street Columbus, OH 43215 Telephone: (614) 340-9817 Facsimile: (614) 365-9564 E-mail: mthompson@ohioconstitution.org - and - Christopher Finney, Esq. FINNEY LAW FIRM, LLC 4270 Ivy Pointe Boulevard, Suite 225 Cincinnati, OH 45245 Telephone: (513) 943-6660 Facsimile: (513) 943-6669 E-mail: Chris@Finneylawfirm.com OHIO, USA: Williams Seeks Certification of Dayton Prisoners Class ----------------------------------------------------------------- The Plaintiff in the lawsuit titled Melody L. Williams v. Ohio Dept. of Rehabilitation and Correction, et al., Case No. 3:15-cv- 00388-TMR-MRM (S.D. Ohio), moves the Court for class certification. The Plaintiff also asks the Court to appoint an interim counsel until a permanent counsel can be appointed. The Plaintiff alleges that all prisoners at the Dayton Correctional Institution are denied the constitutional right of access in resolution of the First Amendment of the U.S. Constitution. The Plaintiff also cites the alleged inadequate conditions of the legal library and its practices and procedures. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=OiSn7PKW OSPREY CHILD: Recalls Child Backpack Carriers Due to Fall Risk -------------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Osprey Child Safety Products LLC, of Cortez, Colo., announced a voluntary recall of about 31,000 Child backpack carriers. Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. A cut in the plastic buckle on the shoulder strap can cause the shoulder strap to release, posing a fall hazard to a child in the carrier. This recall involves the Poco AG, Poco AG Plus and Poco AG Premium model child backpack carriers. These nylon carriers come in seaside blue, ivy green and black. They have a metal frame and a gray padded child's seat inside. The back of the carrier also has an upper zippered pocket and a lower zipped compartment, along with a stretch pocket in the middle. The production date code identifying when the carrier was manufactured is stamped on a black label sewn in the interior of the large lower zippered compartment in the back of the carrier. Recalled carriers have a production date code of S16SB03, S16SB04, S16SB05, S16SB06 or S16SB07. "Osprey" is printed on the back at the top of the carrier. The model name is printed on the back at the bottom. No consumer incidents have been reported. Pictures of the Recalled Products available at: https://is.gd/hAZqLb The recalled products were manufactured in Vietnam and sold at REI and specialty outdoor retailers nationwide and online at amazon.com and rei.com from January 2016 through May 2016 for between $250 and $330. Consumers should immediately inspect the buckles on both straps of the carrier harness to determine if there is a cut in the plastic buckle on one or both straps. If the buckle is cut, consumers should immediately stop using the carrier and contact Osprey for a free replacement or full refund. Consumers also may contact Osprey and return the carrier for inspection. If the buckle is cut, consumers will receive a replacement or full refund. PALATINE, IL: Certification of Class Sought in "Collins" Suit ------------------------------------------------------------- Michael Collins moves the Court to enter an order certifying the action styled MICHAEL COLLINS, on behalf of himself and all others similarly situated v. THE VILLAGE OF PALATINE, ILLINOIS, a Municipal Corporation, Case No. 1:16-cv-03814 (N.D. Ill.), as a class action. The "Class" and "Class Members" are defined as: All individuals whose "personal information" from their "motor vehicle record" (as those terms are defined in 18 U.S.C. Section 2725) was disclosed by the Village of Palatine on a parking citation issued between August 28, 2006 and August 30, 2010 without the express written consent of the individual to whom the information pertains. Mr. Collins also asks the Court for an order appointing Martin J. Murphy, Esq., as class counsel, and appointing the Plaintiff as class representative. He further asks the Court to bifurcate the Case into two phases, a liability phase and a damages phase. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=nTWsmQQE The Plaintiff is represented by: Martin J. Murphy, Esq. LAW OFFICE OF MARTIN J. MURPHY 1222 W. Arthur Ave. Chicago, IL 60626 Telephone: (312) 933-3200 E-mail: mjm@law-murphy.com PFIZER INC: "Ulbinsky" Sues Over Viagra Side Effects ---------------------------------------------------- John R. Ulbinsky, Plaintiff, v. Pfizer Inc., Defendant, Case No. 3:16-cv-02869 (N.D. Cal., May 27, 2016), seeks compensatory damages, punitive damages, equitable relief and such other relief arising from negligence, strict products liability, breach of implied and express warranty, fraudulent misrepresentation, fraudulent concealment and negligent misrepresentation. Pfizer Inc. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in the State of New York. It is engaged in the business of designing, developing, manufacturing, labeling, promoting, marketing, distributing and selling pharmaceutical drugs, including Viagra. Plaintiff contracted melanoma allegedly as a result of ingesting Viagra. Plaintiff is represented by: Kimberly D. Barone Baden, Esq. Ann E. Rice Ervin, Esq. MOTLEY RICE LLP 28 Bridgeside Boulevard Mount Pleasant, SC 29464 Tel: (843) 216-9265 Fax: (843) 216-9450 Email: kbarone@motleyrice.com ariceervin@motleyrice.com PFIZER INC: "Kersmarki" Sues Over Viagra Side Effects ----------------------------------------------------- Paul L. Kersmarki, Sr., Plaintiff, v. Pfizer Inc., Defendant, Case No. 3:16-cv-02867 (N.D. Cal., May 27, 2016), seeks compensatory damages, punitive damages, equitable relief and such other relief arising from negligence, strict products liability, breach of implied and express warranty, fraudulent misrepresentation, fraudulent concealment and negligent misrepresentation. Pfizer Inc. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in the State of New York. It is engaged in the business of designing, developing, manufacturing, labeling, promoting, marketing, distributing and selling pharmaceutical drugs, including Viagra. Plaintiff contracted a confirmed malignant melanoma in situ with the proliferation extending into the surgical margins allegedly as a result of ingesting Viagra. Plaintiff is represented by: Kimberly D. Barone Baden, Esq. Ann E. Rice Ervin, Esq. MOTLEY RICE LLP 28 Bridgeside Boulevard Mount Pleasant, SC 29464 Tel: (843) 216-9265 Fax: (843) 216-9450 Email: kbarone@motleyrice.com ariceervin@motleyrice.com PRIMESOURCE HEALTH CARE: "Wilson" Suit to Recover Overtime Pay -------------------------------------------------------------- Henrietta Wilson, Latashia Clifton, Kendra Bhagmath, Megan Lafaire, Aries Fisk, Juanita Nicholson, Latahsa Morton and Teyonna Melton v. Primesource Health Care Of Ohio, Inc. c/o Incorp Services, Inc., Primesource Health Care Systems, Inc. and David Fleming, Defendants, Case No. 1:16-cv-01298 (N.D. Ohio, May 27, 2016), seeks minimum wage, and/or denied overtime, liquidated damages, costs and disbursements and reasonable allowances for fees of counsel and experts, reimbursement of expenses and such other and further relief under the Fair Labor Standards Act and the Ohio Wage Act. PrimeSource provides mobile healthcare, serving seniors in long- term nursing facilities. It contracts with participating nursing homes throughout Ohio for the purposes of furnishing optometrist, audiologist, dentist, and podiatrist to the patients of these facilities. Wilson, Lafaire, Fisk, Nicholson, Morton and Melton worked as clinical assistants while Clifton and Bhagmath worked as a patient assistant for Primesource. They claim to be denied overtime pay. Plaintiff is represented by: Chris P. Wido, Esq. Brian D. Spitz, Esq. THE SPITZ LAW FIRM, LLC 25200 Chagrin Boulevard, Suite 200 Beachwood, OH 44122 Phone: (216) 291-4744 Fax: (216) 291-5744 Email: chris.wido@spitzlawfirm.com PUBLIX SUPER: Recalls Nut, Seed and Raisin Mix Due to Listeria -------------------------------------------------------------- Publix Super Markets is issuing a voluntary recall for Nut, Seed and Raisin mix because it may be adulterated with Listeria monocytogenes. Publix received notification of the potential contamination from the sunflower seed supplier, Flagstone Foods, who were effected by an expanded recall of SunOpta. The containers of prepackaged nut, seed and raisin mix were sold at Publix retail produce departments in Florida, Georgia, South Carolina, Alabama, Tennessee and North Carolina with a UPC of 000-41415-08886, 002- 25143-00000, 004-00002-10396, and include all date lots. Consumption of products containing Listeria monocytogenes can cause serious and sometimes fatal infection in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women. "As part of our commitment to food safety, potentially impacted product has been removed from all store shelves," said Maria Brous, Publix media and community relations director. "To date, there have been no reported cases of illness. Consumers who have purchased the products in question may return the product to their local store for a full refund. Publix customers with additional questions may call our Consumer Relations department at 1-800-242- 1227 or by visiting our website at www.publix.comdisclaimer icon. Customers can also contact the US Food and Drug Administration at 1-888-SAFEFOOD (1-888-723-3366)." Publix is privately owned and operated by its 179,500 employees, with 2015 sales of $32.4 billion. Currently Publix has 1,116 stores in Florida, Georgia, Alabama, Tennessee, South Carolina and North Carolina. The company has been named one of Fortune's "100 Best Companies to Work For in America" for 19 consecutive years. In addition, Publix's dedication to superior quality and customer service is recognized among the top in the grocery business. Pictures of the Recalled Products available at: https://is.gd/0YmTvV PVH CORPORATION: Faces "Ramos" Suit in Cal. Super. Ct. ------------------------------------------------------ A lawsuit has been filed against PVH Corporation. The case is captioned Maria Ramos, on behalf of herself and all others similarly situated, the Plaintiff, v. PVH Corporation, a Delaware corporation, and Does 1-100, inclusive, the Defendant, Case No. CGC 16 552326 (Cal. Super. Ct., June 1, 2016). PVH owns, designs, sources and markets a selection of world- renowned brands in the dress shirts, sportswear, neckwear, footwear, and accessories categories RANDY'S TRUCKING: "Phillips" Suit Seeks OT Pay, Damages ------------------------------------------------------- William Phillips, an Individual, on behalf of himself and all others similarly situated, Plaintiff, v. Randy's Trucking, Inc., Randy Gene Griffith, Kyle Griffith, Defendants, Case No. 1:16-at- 00396 (E.D. Cal., May 27, 2016), seeks damages for unpaid overtime, liquidated damages, damages for meal-break premiums not paid, penalties and damages pursuant to the Labor Code; restitution and disgorgement for all unfair business practices; prejudgment and post judgment interest; cost of suit and attorney fees and such other and further relief pursuant to the Fair Labor Standards Act and the California Labor Laws. Randy's Trucking is an oilfield service company that provides various support services to the petroleum industry, as well as providing minor other services to other industries. Phillips worked as a truck operator, supplying critical water supplies to oil rigs and other oil field operations. Plaintiff is represented by: Michael L. Tracy, Esq., LAW OFFICES OF MICHAEL TRACY 2030 Main Street, Suite 1300 Irvine, CA 92614 Tel: (949) 260-9171 Fax: (866) 365-3051 Email: mtracy@michaeltracylaw.com RESULTS COMPANIES: Mulligan Seeks Certification of FLSA Class ------------------------------------------------------------- The Plaintiffs in the lawsuit titled DIANNA MULLIGAN, MICHAEL MULLIGAN AND ADRIAN FLORES v. THE RESULTS COMPANIES LLC, Case No. 2:16-cv-00040 (S.D. Tex.), file their motion for conditional certification of a collective action, for notice to potential plaintiffs, and for production of information necessary for the notice. The Mulligans and Flores seek conditional certification of a class defined as: Current and former individuals employed at The Results Companies LLC Corpus Christi, Texas call center as an Associate Trainer, Associate, Inbound Sales Representative, Outbound Sales Representative, Customer Service Representative, Customer Retention Agent, or Other Telephone-Dedicated Employee from January 27, 2013 to the present. This definition includes all hourly paid, telephone-dedicated employees in all departments regardless of precise job title. The Plaintiffs allege that Results Companies has violated the Fair Labor Standards Act by failing to pay them, and all of its other hourly paid, telephone-dedicated call center workers for all hours worked. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=A7JyO368 The Plaintiffs are represented by: Jennifer J. Spencer, Esq. Mary L. Scott, Esq. James E. Hunnicutt, Esq. SPENCER SCOTT PLLC Two Lincoln Centre 5420 LBJ Freeway, Suite 300 Dallas, TX 75240-6271 Telephone: (972) 458-5319 Facsimile: (972) 770-2156 E-mail: jspencer@spencerscottlaw.com mscott@spencerscottlaw.com jhunnicutt@spencerscottlaw.com RESURGENT CAPITAL: Wins Prelim. Nod of "Fritz" Suit Settlement -------------------------------------------------------------- After reviewing the Plaintiffs' unopposed written submissions, the Hon. Frederic Block preliminarily approves the class action settlement in the lawsuit titled GISELLE FRITZ, on behalf of herself and all others similarly situated, et al. v. RESURGENT CAPITAL SERVICES, LP, et al., Case No. 1:11-cv-03300-FB-PK (E.D.N.Y.). Judge Block said the proposed settlement appears to be the product of serious, informed, non-collusive negotiation, has no obvious deficiencies, does not improperly grant preferential treatment to class representatives or segments of the class and falls within the range of possible approval. The Court also grants certification for settlement purposes of the proposed class and subclasses because the elements necessary for class certification are present, namely numerosity, commonality, and typicality. The Court also appoints Ahmad Keshavarz, Esq., Charles M. Delbaum, Esq., and Mattew Schedler, Esq., as class counsel. Judge Block directed the Class Counsel to mail individual notices to all class members by June 15, 2016. Class members are be permitted to object in writing to class counsel within 30 days after receiving the notice but no later than August 1, 2016. A fairness hearing for final approval of the settlement is scheduled for September 9, 2016, at 11:00 a.m. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=s5GD1XoW RHEEM SALES: Recalls Electric Water Heaters Due to Burn Hazard -------------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Rheem Sales Company Inc., of Montgomery, Ala., announced a voluntary recall of about 54,000 Rheem electric water heaters. Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. The control panel on the water heaters can overheat, posing fire and burn hazards. This recall involves Rheem brand "Performance Platinum" electric water heaters in 40, 50 and 80 gallon capacities. The recalled water heaters are gray and have the "Performance Platinum" Rheem logo decal on the front above the thermostat control panel. The water heaters have a rating plate near the bottom of the unit with the model number, date of manufacture and serial number. Recalled water heaters have the following model number and have a serial number within the following ranges: Model Number Serial Number Ranges Date Code ------------ -------------------- --------- XE40M12EC55U0 A0114XXXXX to A5214XXXXX 01Jan2014 - 21Dec2014 M0114XXXXX to M5214XXXXX3 0Jan2015 Q0114XXXXX to Q5214XXXXX 03Mar2015 - 13Apr2015 A0515XXXXX A1015XXXXX to A1615XXXXX 01Jan2014 - 21Dec2014 XE50M12EC55U0 A0114XXXXX to A5214XXXXX 30Jan2015 M0114XXXXX to M5214XXXXX 03Mar2015 - 13Apr2015 Q0114XXXXX to Q5214XXXXX A0515XXXXX A1015XXXXX to A1615XXXXX 1Jan2014 - 21Dec2014 XE50T12EC55U0 A0114XXXXX to A5214XXXXX M0114XXXXX to M5214XXXXX Q0114XXXXX to Q5214XXXXX XE80T12EC55U0 A0114XXXXX to A5214XXXXX 1Jan2014 - 21Dec2014 M0114XXXXX to M5214XXXXX Q0114XXXXX to Q5214XXXXX The firm has received 296 reports of control panels overheating, including one report of a fire which resulted in $5,800 in property damage. No injuries have been reported. Pictures of the Recalled Products available at: https://is.gd/C1txk7 The recalled products were manufactured in U.S. and Mexico and sold at The Home Depot stores nationwide and online from January 2014 through April 2016 for between $450 and $720. Consumers should immediately turn off and stop using the recalled water heaters. Consumers should contact Rheem to request a free repair by a Rheem field technician. ROBERTSON'S READY MIX: "Peruch" Suit Seeks Unpaid Wages ------------------------------------------------------- Steve Peruch and Edward Fletcher, individually, and on behalf of other similarly situated class members Plaintiffs, v. Robertson's Ready Mix, Ltd. Does 1-10, inclusive, Defendants, Case No. BC622016 (Cal. Super., May 27, 2016), seeks denied meal and rest periods, unpaid wages, waiting-time penalties and reasonable attorney fees and costs under the California Private Attorneys General Act, Unfair Competition Law and the Labor Code and California Code of Civil Procedure. Robertson's Ready Mix, Ltd. is a ready-mix concrete company headquartered in Corona, California and operating ready mix concrete plants located in Los Angeles, Pasadena, Long Beach, Palmdale, Irwindale, Rosewood and Santa Fe Springs. Peruch worked as a ready-mix concrete truck driver. Plaintiff is represented by: Howard Z. Rosen, Esq. Jason C. Marsili, Esq. Brianna M. Primozic, Esq. Amanda Pitrof, Esq. POSNER & ROSEN LLP 3600 Wilshire Blvd., Suite 1800 Los Angeles, CA 90010-2679 Telephone No. (213) 389-6050 Facsimile No. (213) 389-0663 RUBY TUESDAY: Class Certification Sought in "Krystek" Suit ---------------------------------------------------------- Dennis Krystek files with the Court a motion for class certification, to appoint him as class representative, and to appoint the law firm of Robbins Geller Rudman & Dowd LLP as Class Counsel and Barrett Johnston Martin & Garrison, LLC as Liaison Counsel in the lawsuit styled DENNIS KRYSTEK, Individually and on Behalf of All Others Similarly Situated v. RUBY TUESDAY, INC., et al., Case No. 3:14-cv-01119 (M.D. Tenn.). The proposed class consists of: All persons who purchased or otherwise acquired the publicly traded common stock of Ruby Tuesday, Inc. between April 10, 2013 and July 24, 2013, inclusive, and who were damaged thereby. Excluded from the Class are Defendants, the officers and directors of the Company, at all relevant times, members of their immediate families and their legal representatives, heirs, successors or assigns and any entity in which Defendants have or had a controlling interest. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=jJr6syE9 The Plaintiff is represented by: Laurie L. Largent, Esq. Ashley M. Price, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 E-mail: lauriel@rgrdlaw.com aprice@rgrdlaw.com - and - Jerry E. Martin, Esq. Christopher M. Wood, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 414 Union Street, Suite 900 Nashville, TN 37219 Telephone: (615) 244-2203 Facsimile: (615) 252-3798 E-mail: jmartin@rgrglaw.com cwood@rgrdlaw.com - and - Timothy L. Miles, Esq. Scott P. Tift, Esq. BARRETT JOHNSTON MARTIN & GARRISON, LLC Bank of America Plaza 414 Union Street, Suite 900 Nashville, TN 37219 Telephone: (615) 244-2202 Facsimile: (615) 252-3798 E-mail: tmiles@barrettjohnston.com stift@barrettjohnston.com - and - Frank J. Johnson, Esq. JOHNSON & WEAVER, LLP 600 West Broadway, Suite 1540 San Diego, CA 92101 Telephone: (619) 230-0063 Facsimile: (619) 255-1856 E-mail: frankj@johnsonandweaver.com - and - Michael I. Fistel, Jr., Esq. JOHNSON & WEAVER, LLP 40 Powder Springs Street Marietta, GA 30064 Telephone: (770) 200-3104 Facsimile: (770) 200-3101 E-mail: michaelf@johnsonandweaver.com S2VERIFY: Hawkins Seeks Certification of Class in California ------------------------------------------------------------ Regmon L. Hawkins moves the Court for an order certifying a class of consumers in the lawsuit styled REGMON HAWKINS, individually and on behalf of all others similarly situated v. S2VERIFY, a foreign limited liability company, Case No. 3:15-CV-03502-WHA (N.D. Cal.). The proposed class consists of: (1) Regmon L. Hawkins and (2) all other natural persons within the United States (including all territories and other political subdivisions of the United States) (a) who were the subject of a consumer report S2VERIFY furnished to Chase Professionals, IPC International, Inc., Foodtemps, Inc. d/b/a Foodstaff, Mississippi Gaming Commission, StaffMasters, Inc., T&T Staff Management, Inc., Tarrant Regional Water District, TRC Staffing Services, or United Refining Company, (b) from June 16, 2013 through February 28, 2014, and (c) whose report contained any public record of criminal arrest, charge, information, indictment, or other adverse item of information other than records of an actual conviction of a crime, which antedated the report by more than 7 years. Excluded from the class definition are any employees, officers, or directors of S2VERIFY, any attorneys appearing in the Case, and any judges assigned to hear the Case as well as their immediate family and staff. The Plaintiff further seeks an order appointing the Plaintiff as a proper representative of the Class, and appointing the law firms of Caddell & Chapman and DHF Law, P.C. as Class Counsel, with Caddell & Chapman serving as Lead Class Counsel. The Court will commence a hearing on July 21, 2016, at 8:00 a.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=orojZYAo The Plaintiff is represented by: Michael A. Caddell, Esq. Cynthia B. Chapman, Esq. Amy E. Tabor, Esq. Benjamin C. Wickert, Esq. CADDELL & CHAPMAN 1331 Lamar, Suite 1070 Houston, TX 77010-3027 Telephone: (713) 751-0400 Facsimile: (713) 751-0906 E-mail: mac@caddellchapman.com cbc@caddellchapman.com aet@caddellchapman.com bcw@caddellchapman.com - and - Devin H. Fok, Esq. DHF LAW 234 Colorado Blvd., 8th Floor Pasadena CA 91101 Telephone: (310) 430-9933 Facsimile: (818) 484-2023 E-mail: devin@devinfoklaw.com SALAAM BOMBAY: Faces "Zhu" Suit in S.D.N.Y. ------------------------------------------- A lawsuit has been filed against Salaam Bombay, Inc. The case is captioned Guang Ping Zhu, on behalf of himself and all other persons similarly situated, the Plaintiff, v. Salaam Bombay, Inc., and Ramesh Shah, the Defendants, Case No. 1:16-cv-04091 (S.D.N.Y., June 1, 2016). Salaam Bombay offers Indian Cuisine menu. It receives orders through Indian food Delivery Online. The Plaintiff appears pro se. SAM WON GAHK: Faces "Pichol" Suit in E.D.N.Y. --------------------------------------------- A lawsuit has been filed against Sam Won Gahk, Inc. The case is captioned Damian Sis Pichol and Francisco Sis Pichol, individually and on behalf of others similarly situated, the Plaintiff, v. Sam Won Gahk, Inc., doing business as: Sam Won Gahk, the Defendants, Case No. #: 1:16-cv-02759 (E.D.N.Y., June 1, 2016). The Defendant is a modest place for traditional Korean-Chinese fare such as jajangmyeon (noodles in black bean sauce). The Plaintiffs appears pro se. SAMSUNG ELECTRONICS: "Coleman-Anacleto" Suit Moved to N.D. Cal. --------------------------------------------------------------- Cindy Coleman-Anacleto, on behalf of herself and all others similarly situated, the Plaintiff, v. Samsung Electronics America, Inc., a Corporation, the Defendant, Case No. 16CV294533 was removed from Santa Clara Superior Court, to the U.S. District Court for the Northern District of California (San Jose). The Northern District Court assigned Case No. 5:16-cv-02941.to the proceeding. Samsung Electronics supplies consumer electronics and digital products in the United States. The Plaintiff appears pro se. SBS TRANSPORT: "Hagen" Sues Over OT Pay, Illegal E-mail Access -------------------------------------------------------------- Nathan Hagen, an individual, on behalf of himself and all others similarly situated, Plaintiff, v. SBS Transport, LLC, and Marko Franovic, an individual, Defendants, Case No. 1:16-cv-00627 (W.D. Mich., May 27, 2016), seeks unpaid wages, liquidated damages reasonable attorney fees and costs under the Fair Labor Standards Act, Workforce Opportunity Wage Act, the Electronic Communications Privacy Act and the Stored Communications Act. SBS Transport, LLC is a Michigan Limited Liability Company located in Kent County, Michigan where Plaintiff was a dispatcher. Defendants misclassified Plaintiff as an independent contractor and failed to pay him the minimum wage for all hours worked as well as an overtime premium. Furthermore, Defendants allegedly intercepted Plaintiff's e-mail without his consent. Plaintiff is represented by: C. Christopher Newberg, Esq. RODENHOUSE KUIPERS, P.C. 678 Front Ave., NW, Suite 176 Grand Rapids, MI 49504 Tel: (616) 451-4000 Fax: (616) 451-4114 Email: Chris@rodenhouselaw.com SCHLEE & STILLMAN: Faces "Feldbrand" Suit in E.D.N.Y. ----------------------------------------------------- A lawsuit has been filed against Schlee & Stillman, LLC. The case is captioned Abraham Feldbrand, on behalf of himself and all other similarly situated consumers, the Plaintiff, v. Schlee & Stillman, LLC, the Defendant, Case No. 1:16-cv-02781 (E.D.N.Y., June 1, 2016). Schlee & Stillman is a debt collector firm. The Plaintiff is represented by: Adam Jon Fishbein, Esq. 483 Chestnut Street Cedarhurst, NY 11516 Telephone: (516) 791 4400 Facsimile: (516) 791 4411 E-mail: fishbeinadamj@gmail.com SID WAINER: Recalls Tart Shell Products Due to Tree Nuts -------------------------------------------------------- Sid Wainer & Son of New Bedford, MA is voluntarily recalling Domaine de Provence La Cucina Tart Shells and Domaine de Provence Neutral 3" Cone Tart Shells due to undeclared allergens. People who have an allergy or severe sensitivity to Tree Nuts, specifically Coconut and Eggs run the risk of a serious or life- threatening allergic reaction if they consume these products. The product is safe for consumption by those who do not have Coconut or Egg allergy. The product is packaged in a brown cardboard box labeled as: Domaine de Provence La Cucina Tart Shells, 252 pieces per box containing undeclared Eggs with UPC 708152149119 Domaine de Provence Neutral 3" Cone Tart Shells, 308 pieces per box containing undeclared Coconut UPC 708152316856 Both tarts were distributed Nationwide to Food service establishments. No illnesses have been reported to date in connection with this problem. The private manufacturer for Sid Wainer and Son discovered an ingredient change that consisted of an allergen that was not declared on the labels. Consumers who have purchased the above mentioned products are urged to return them to the place of purchase or dispose of the products. Consumers with questions may contact the company at 1- 800-423-8333 at extension 168 or 119 between the hours of 9:00 am and 5:00 pm. This recall is being initiated with the knowledge of the Food and Drug Administration. Pictures of the Recalled Products available at: https://is.gd/3eulGU SOLOMON SNACKS: Recalls Meat Pie Products Due to Misbranding ------------------------------------------------------------ Solomon Snacks and Bakery, a New Brighton, Minn. establishment, is recalling approximately 873 pounds of meat pie products that were produced without the benefit of federal inspection and due to misbranding and undeclared allergens, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today. The products contain eggs, milk, and wheat, known allergens, which are not declared on the finished product label. The beef, chicken, and turkey meat pie items were produced on various dates from Feb. 2016 to May 2016. The following products are subject to recall: --- 5-oz. packages containing one "Solomon Snacks and Bakery Meat Pie Beef," --- 5-oz. packages containing one "Solomon Snacks and Bakery Meat Pie Chicken," --- 5-oz. packages containing one "Solomon Snacks and Bakery Meat Pie Turkey," Unlabeled Styrofoam boxes lined with wax paper containing 5-oz. frozen meat pie products produced by Solomon Snacks and Bakery. The products subject to recall do not bear the USDA mark of inspection. These items were shipped to retail locations in Illinois and Minnesota. The products distributed in Illinois were in Styrofoam boxes and void of all labeling. The problem was discovered by the U.S. Food and Drug Administration (FDA), which notified FSIS. There have been no confirmed reports of adverse reactions due to consumption of these products. Anyone concerned about a reaction should contact a healthcare provider. Consumers who have purchased these products are urged not to consume them. These products should be thrown away or returned to the place of purchase. SPD SWISS: Bid for Class Certification in "Olvera" Suit Stricken ---------------------------------------------------------------- The Court filed a civil minutes relating to two motions before the Hon. Josephine L. Staton in the lawsuit titled Amanda Olvera v. SPD Swiss Precision Diagnostics GMBH, et al., Case No. 8:15-cv- 02035-JLS-JCG (C.D. Cal.). The two motions are the Defendants' motion to dismiss and the Plaintiff's motion for class certification. Buried in one of the multitude of "WHEREAS" clauses in a document titled "Joint Stipulation to Continue the Scheduling Conference," filed on April 26, 2016, the parties agreed that, as a result of the filing of a First Amended Complaint by Plaintiff, "the Motion to Dismiss the Complaint and the Class Certification Motion were rendered moot and the hearing with respect to those motions should be vacated," according to the Civil Minutes. Hence, the Court strikes the two Motions and vacates the hearing set for June 3, 2016. A copy of the Civil Minutes is available at no charge at http://d.classactionreporternewsletter.com/u?f=l9IDOSGd STANDARD DISTRIBUTION: "Castro" Suit Moved to E.D. Cal. ------------------------------------------------------- John Castro, on behalf of himself, all others similarly situated and the general public, the Plaintiff. v. Standard Distribution Co., a Iowa Corporation, the Defendant, Case No. 2019751, was removed from Stanislaus County Superior Court, to the U.S. District Court for the Eastern District of California (Fresno). The Eastern District Court assigned Case No. 1:16-cv-00758-DAD-SAB to the proceeding. The assigned Judge is Hon. Dale A. Drozd. Standard Distribution is a Third Party Logistics (3PL) company that provides both dedicated and multi-client warehousing services. The Plaintiff is represented by: Michael R. Hoffman, Esq. Stephen Noel III, Esq. HOFFMAN EMPLOYMENT LAWYERS, P.C. 580 California Street, Suite 1600 San Francisco, CA 94104 Telephone: (415) 362 1111 Facsimile: (415) 362 1112 E-mail: mhoffman@employment-lawyers.com silg@employment-lawyers.com The Defendant is represented by: Enedina Salome Cardenas, Esq. Julie Grace Yap, Esq. Michelle L. Christian, Esq. Nick C. Geannacopulos, Esq. SEYFARTH SHAW LLP 400 Capitol Mall, Suite 2350 Sacramento, CA 95814 Telephone: (916) 498 7019 Facsimile: (916) 558 4839 E-mail: ecardenas@seyfarth.com jyap@seyfarth.com mchristian@seyfarth.com ngeannacopulos@seyfarth.com SUGAR TRANSPORT: Stipulation Over Class Action Notice Entered ------------------------------------------------------------- Ryan Guinn and Sugar Transport of the Northwest, Inc., entered into a stipulation with regard to providing notice of Guinn's class action lawsuit to putative class members consisting of the Defendant's former driver employees in California. The case is, RYAN GUINN, an individual, on behalf of himself, and on behalf of all other persons similarly situated, Plaintiffs, v. SUGAR TRANSPORT OF THE NORTHWEST, INC., a California corporation, and DOES 1 through 100, Defendants, No. 2:16-cv-00325-WBS-EFB (E.D. Cal.). District Judge William B. Shubb presides over the case. A copy of the Stipulation is available at http://bit.ly/1U8HSzR from Leagle.com. Attorneys for Plaintiff Ryan Guinn and the Putative Class Members: James L. Pagano, Esq. Ian A. Kass, Esq. PAGANO & KASS, APC 96 North Third Street, Suite 525 San Jose, CA 95112 Telephone: (408) 999-5678 Attorneys for Defendant Sugar Transport of the Northwest, Inc.: Alan S. Levins, Esq. LITTLER MENDELSON, P.C. 650 California Street, 20th Floor San Francisco, CA 94108.2693 Telephone: 415.433.1940 - and - John H. Adams, Jr., Esq. LITTLER MENDELSON 500 Capitol Mall, Suite 2000 Sacramento, CA 95814 Telephone: (916) 830-7200 SUN TRANSACTIONS: Central Alarm Seeks Certification of Class ------------------------------------------------------------ The Plaintiff in the lawsuit captioned CENTRAL ALARM SIGNAL, INC., a Michigan corporation, individually and as the representative of a class of similarly-situated persons v. SUN TRANSACTIONS ADVISORS, LLC and JOHN DOES 1-10, Case No. 2:16-cv-11950-GER-APP (E.D. Mich.), files a "placeholder" motion for class certification in order to prevent against a "buy-off" attempt, a tactic class- action defendants sometimes use to attempt to prevent a case from proceeding to a decision on class certification by attempting to "moot" the named plaintiff's claims by tendering the plaintiff individual (but not classwide) relief. The Plaintiff proposes this class definition: All persons who (1) on or after four years prior to the filing of this action, (2) were sent telephone facsimile messages of material advertising the commercial availability or quality of any property, goods, or services by or on behalf of Defendants, and (3) which Defendants did not have prior express permission or invitation, or (4) which did not display a proper opt-out notice. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=hourPdX0 Central Alarm Signal, Inc., is represented by: Brian J. Wanca, Esq. Ryan M. Kelly, Esq. Ross M. Good, Esq. ANDERSON + WANCA 3701 Algonquin Road, Suite 500 Rolling Meadows, IL 60008 Telephone: (847) 368-1500 Facsimile: (847) 368-1501 E-mail: bwanca@andersonwanca.com rkelly@andersonwanca.com RGood@andersonwanca.com SUNSHINE USA: "Zhang" Suit to Recover OT, Costs and Expenses ------------------------------------------------------------ Meide Zhang and Zhongliang Qiu, individually and on behalf of all others similarly situated, Plaintiffs, v. Liang Zhang and Ru Qiu Li as shareholders and corporate officers and Sunshine USA Inc. d/b/a Wu Liang Ye, Defendants, Case No. 1:16-cv-04013 (S.D. N.Y., May 29, 2016), seeks unpaid minimum wages, unpaid overtime wages, unreimbursed business related out-of-pocket costs and expenses, unpaid spread-of-hours pay, liquidated damages, post-judgment interest and attorney fees under the Fair Labor Standards Act and New York Labor Laws. Sunshine USA Inc. is a restaurant, organized and existing under the laws of the State of New York with a principal place of business located at 36 West 48th Street, New York, NY 10036. Plaintiffs worked in food delivery and claims to be denied overtime pay. Plaintiff is represented by: David Yan, Esq. LAW OFFICES OF DAVID YAN 136-20 38th Avenue, Suite 11E Flushing, NY 11354 Tel: (718) 888-7788 SWEET EARTH: Recalls Big Sur Burrito Due to Packaging Error ----------------------------------------------------------- Sweet Earth Natural Foods is voluntarily recalling its Big Sur Burrito, 7 oz, due to a packaging error. As a result, a small number of these products contain an undeclared milk allergen. The precautionary recall was necessitated when it was discovered that a small quantity of Santa Cruz Burritos were packaged into Big Sur Burrito pouches. The Santa Cruz Burrito contains milk in the form of cheese, which is not listed as an allergen on the Big Sur Burrito pouch, therefore posing a potential risk to people who have an allergy to milk. In some individuals the consumption of milk could present a serious or life-threatening allergic reaction. These retail products were distributed nationwide from our manufacturing facility between the dates of March 30, 2016 and May 6, 2016. Recalled Products: Big Sur 7 oz UPC, 7 oz Unit Lot 6090 Best By Burrito Burrito #016741111127 3/30/2017 UPC, 12-pack Case #016741111134 There have been no confirmed reports of adverse reactions due to consumption of this product. Consumers who have purchased this product, Big Sur Lot 6090, are urged to discard of any product and contact Sweet Earth, Inc. for a full refund. Consumers with questions may contact the company at 1-831-741-4569, 1-310-613-4751, or 1-831-375-8673, Monday through Friday, 8:00 AM to 5:00 PM PST. Pictures of the Recalled Products available at: https://is.gd/6TMieN SYMBOL TECHNOLOGIES: Seeks to Limit Securities Suit Class Period ---------------------------------------------------------------- The Lead Plaintiff and the Defendants in the consolidated lawsuit styled In re Symbol Technologies, Inc., Securities Litigation, Case No. 2:05-cv-03923-DRH-AKT (E.D.N.Y.), jointly seek to limit the class period so that it includes: All purchasers of Symbol Technologies, Inc. ("Symbol") common stock during the period from March 12, 2004 through and including August 1, 2005 (the "Class Period") who were damaged thereby, excluding Defendants, officers and directors of Symbol and members of their immediate families and their legal representatives, heirs, successors or assigns, and any entity in which Defendants have or had a controlling interest. The Parties contend that limiting the Class Period will not prejudice any shareholders, who purchased Symbol stock from April 29, 2003, to March 11, 2004, since they do not have actionable legal claims and did not suffer any damages in connection with any purchases made during that period. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=4IKQKScw Lead Plaintiff Iron Workers Local #580 Pension Fund and the Class are represented by: Marc I. Gross, Esq. Jeremy A. Lieberman, Esq. Michael J. Wernke, Esq. POMERANTZ LLP 600 Third Avenue New York, NY 10016 Telephone: (212) 661-1100 E-mail: migross@pomlaw.com jalieberman@pomlaw.com mjwernke@pomlaw.com The Defendants are represented by: Andrew J. Levander, Esq. Kathleen N. Massey, Esq. Yelena Shreyberg, Esq. Sarah Lyons, Esq. DECHERT LLP 1095 Avenue of the Americas New York, NY 1003 6-6797 Telephone: (212) 698-3500 Facsimile: (212) 698-3599 E-mail: andrew.levander@dechert.com kathleen.massey@dechert.com yelena.shreyberg@dechert.com sarah.lyons@dechert.com TAYLOR FARMS: Recalls Chicken Salad Product Due to Misbranding -------------------------------------------------------------- Taylor Farms Florida, Inc., an Orlando, Fla. establishment, is recalling approximately 151 pounds of a chicken salad product due to misbranding and undeclared allergens, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today. The product may contain wheat and sesame ingredients, known allergens that are not declared on the mislabeled product label. The ready-to-eat (RTE) chicken salad item was produced on May 23, 2016. The following product is subject to recall: --- 11-oz. (312-g) of individually packaged "Wawa thai style chicken mango salad with thai peanut flavored dressing" with a sell by date of 05/28/2016. The products subject to recall bear establishment number "Est. P- 44818" inside the USDA mark of inspection. This item was shipped to Wawa convenience stores in Florida. The problem was discovered on May 25, 2016, when the establishment notified FSIS personnel of the mislabeling issue affecting the salads. The salads have the correct label on the top of the package, but an incorrect back label saying "Wawa superfood salad." Taylor Farms Florida, Inc. received notice from their customer. There have been no confirmed reports of adverse reactions due to consumption of this product. Anyone concerned about an injury or illness should contact a healthcare provider. TJX COMPANIES: Recalls Foldable Lounge Chairs Due to Fall Risk -------------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with The TJX Companies Inc., of Framingham, Mass., announced a voluntary recall of about 5,200 Foldable lounge chairs. Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. The chairs can collapse unexpectedly, posing a fall and injury hazard. This recall involves T.J. Maxx and Marshalls foldable weatherproof lounge chairs. The chairs are made of an acacia wood frame and striped fabric in two styles: a natural oiled wood frame with red and white stripe fabric or a white gloss frame with blue and white stripe fabric. The chairs measure about 30 inches high by 42 inches long when unfolded. The style number is printed on the hang tag attached to the chair. "MADE IN VIETNAM" is printed on a label on the bottom of the chair frames. The following chairs are being recalled: Chair Description TJ Maxx Style Number ------- ------------ Marshalls Style Number 153228 Natural Oil Frame with 009420 Red and White Stripe Fabric White Gloss Frame with Blue 153213 and White Stripe Fabric 009432 TJX has received 15 reports of injuries from collapsing chairs. Injuries included back and tailbone injuries, one report of a fractured finger, three reports of stitches to fingers and reports of cut, bruised or swollen fingers. Pictures of the Recalled Products available at: https://is.gd/8NNWr3 The recalled products were manufactured in Vietnam and sold at T.J. Maxx and Marshalls stores nationwide during March 2016 for about $40. Consumers should immediately stop using the recalled foldable chairs and return them to any T.J. Maxx or Marshalls store for a full refund. TORNADO PRODUCTION: "Kinikin" Suit to Recover Overtime Pay ---------------------------------------------------------- Preston Kinikin, individually and on behalf of others similarly situated, Plaintiff, v. Tornado Production Services, LLC, Defendant, Case No. 2:16-cv-00185 (N.D. Tex., May 27, 2016), seeks unpaid overtime wages, compensatory and liquidated damages and reasonable attorney fees and costs under the Fair Labor Standards Act. Tornado builds and maintains fluid systems associated with the drilling and the completion of wells and calibrate drilling fluid test equipment where Plaintiff was employed as a fluid engineer. Kinikin claims to be denied overtime pay. Plaintiff is represented by: Richard J. Burch, Esq. BRUCKNER BURCH PLLC 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Tel: 713-877-8788 Fax: 713-877-8065 Email: rburch@brucknerburch.com - and - Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. FIBICH, HAMPTON, LEEBRON, BRIGGS & JOSEPHSON, L.L.P. 1150 Bissonnet Houston, TX 77005 Tel: 713-751-0025 Fax: 713-751-0030 Email: mjosephson@fhl-law.com TRANSNATIONAL BANKCARD: Old Town Pizza Seeks Class Certification ---------------------------------------------------------------- The Plaintiff in the lawsuit entitled OLD TOWN PIZZA OF LOMBARD, INC., an Illinois corporation, individually and as the representative of a class of similarly-situated persons v. TRANSNATIONAL BANKCARD L.L.C., an Illinois limited liability company, and JOHN DOES 1-5, Case No. 1:16-cv-05894 (N.D. Ill.), submits its motion for class certification pursuant to Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011). The Plaintiff proposes this class definition: All persons who (1) on or after four years prior to the filing of this action, (2) were sent telephone facsimile messages of material advertising the commercial availability or quality of any property, goods, or services by or on behalf of Defendants, and (3) which Defendants did not have prior express permission or invitation, or (4) which did not display a proper opt-out notice. Old Town Pizza alleges that the Defendants sent it and others a standardized form advertisement. Old Town Pizza anticipates that the proposed class definition will change after discovery defines the precise contours of the class and the advertisements that were sent. Old Town Pizza asks for leave to submit a brief and other evidence in support of the Motion after discovery about the class elements has been completed. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=zyJaWj7v The Plaintiff is represented by: Brian J. Wanca, Esq. ANDERSON + WANCA 3701 Algonquin Road, Suite 500 Rolling Meadows, IL 60008 Telephone: (847) 368-1500 Facsimile: (847) 368-1501 E-mail: bwanca@andersonwanca.com TROYER(R) CHEESE: Recalls Nut Products Due to Listeria ------------------------------------------------------ Troyer(R) Cheese Inc, under advice from its packaging facility concerning, CRANBERRY NUT DELIGHT MIX PREPACK, HONEY ISLAND CRUNCH MIX PREPACKAGED, PRETZELS PEANUT BUTTER PREPACKAGED, WALNUT HALVES/PIECES PREPACKAGED, SUNFLOWER SEEDS R&S PREPACKAGED AND SUNFLOWER SEEDS R&S BULK is recalling a limited number of products that have the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, listeria infection can cause miscarriages and stillbirths among pregnant women. A limited number of the following products, under the Backroad Country brand, are being voluntarily recalled: CODE DESCRIPTION SIZE PRODUCT/CASE BEST IF ---- ----------- ---- BARCODE USED BY ------------ ------- 15359 CRANBERRY 12/9 OZ 0 49646 11038 4 May 2017 NUT DELIGHT MIX PPK 15356 HONEY ISLAND 12/9 OZ 0 49646 10090 3 May 2017 CRUNCH MIX PPK 15318 WALNUT HALVES 12/6 OZ 0 49646 12073 4 May 2017 /PIECES PPK 15372 PRETZELS 12/7 OZ 0 49646 12079 6 May 2017 PEANUT BUTTER PPK 15301 SUNFLOWER 12/7 OZ 0 49646 11219 7 May 2017 SEEDS R&S PPK 2160 SUNFLOWER SEEDS 1/30 LB 1 13671 02091 5 May 2017 R & S BULK Recalled retail items were sold in packaged bags and are marked with Best By dates located on the front or back of the packages. The products were packaged at Amish Wedding Foods and distributed by Troyer Cheese, Inc., between the dates of February 18, 2016 and May 24, 2016. Shipments were to the following states: AL, AR, FL, GA, IL, IN, KS, LA, MD, MI, MN, MO, MS, MT, NC, NJ, OH, OK, PA, SC, TN, TX, UT, VA, WI, WV. Although no illnesses have been reported to date, Troyer Cheese Inc. is voluntarily recalling all affected products in an abundance of caution. This recall is being conducted with the knowledge of the U.S. Food and Drug Administration (FDA). Consumers are urged not to consume these products. Consumers who purchased these products may take them back to the store where they purchased them for a refund or simply discard them. Consumers seeking information may call 1-877-343-1614 Monday through Friday, 8:00 AM to 4:30 PM Eastern Standard Time. Retailers and wholesale customers should check their inventories and shelves to confirm that none of the products are present or available for purchase by consumers or in warehouse inventories. This recall is being conducted with the knowledge of the U.S. Food and Drug Administration (FDA). Pictures of the Recalled Products available at: https://is.gd/qGq37M TVI INC: "Godhigh" Suit to Recover Unpaid Overtime Wages -------------------------------------------------------- Earl Godhigh and Angela Osgood, individually and on behalf of all other members of the general public similarly situated and on behalf of other similarly aggrieved employees pursuant to the California Private Attorneys General Act, Plaintiffs, v. TVI, Inc. d/b/a Savers and Value Village; and Savers, LLC, Defendants, Case No. 4:16-cv-02874-DMR (N.D. Cal., May 27, 2016), seeks unpaid overtime pay, liquidated damages, equitable and injunctive relief, attorney fees and costs, including expert fees pursuant California Wage and Hour Law, California Business and Professions Code and the Fair Labor Standards Act. TVI, Inc. is a Washington corporation with its principal place of business in Bellevue, Washington. It does business in the United States and Canada under Savers and Value Village in the United States. It is global thrift retailer offering used clothing, accessories and household goods. Godhigh was employed by Savers in their Berkeley, California store as a production manager while Osgood worked as a retail sales manager at a Savers store in St. Louis, Missouri. Both claim proper compensation for all hours worked including overtime compensation. Plaintiff is represented by: Jahan C. Sagafi, Esq. OUTTEN & GOLDEN LLP One Embarcadero Center, 38th Floor San Francisco, CA 94111 Telephone: (415) 638-8800 Facsimile: (415) 638-8810 E-Mail: jsagafi@outtengolden.com - and - Gregg I. Shavitz, Esq. Camar R. Jones, Esq. SHAVITZ LAW GROUP, P.A. 1515 S. Federal Hwy., Suite 404 Boca Raton, FL 33432 Telephone: (561) 447-8888 Facsimile: (561) 447-8831 E-mail: gshavitz@shavitzlaw.com E-mail: cjones@shavitzlaw.com UNILIFE CORP: "Gomez" Sues Over Share Price Drop ------------------------------------------------ Manuel A. Quintero Gomez, individually and on behalf of all others similarly situated, plaintiff, v. Unilife Corporation, Alan Shortall, John Ryan, R. Richard Wieland II, Dennis P. Pyers, David C. Hastings and Jim Bosnjak, Defendants, Case No. 1:16-cv-03986 (S.D. N.Y., May 27, 2016), seeks compensatory damages, reasonable costs and expenses incurred including counsel and expert fees and such other and further relief under the Securities Exchange Act of 1934. Unilife is a designer, manufacturer and supplier of injectable drug delivery systems. Defendants allegedly violated the Company policies and procedures regarding adequate internal controls over accounting and financial reporting resulting in its inability to file its Quarterly Report on Form 10-Q for the period ended March 31, 2016, by the prescribed filing deadline and that its financial statements, as well as business, operations and prospects, were false and misleading and/or lacked a reasonable basis. Gomez purchased Unilife common stock and lost substantially after corrective disclosures. Alan Shortall, John Ryan, R. Richard Wieland II, Dennis P. Pyers, David C. Hastings, and Jim Bosnjak served in the company board. Plaintiff is represented by: Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. Marc Gorrie, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (212) 661-8665 Email: jalieberman@pomlaw.com ahood@pomlaw.com mgorrie@pomlaw.comb - and - Patrick V. Dahlstrom, Esq. POMERANTZ LLP 10 South La Salle Street, Suite 3505 Chicago, IL 60603 Telephone: (312) 377-1181 Facsimile: (312) 377-1184 Email: pdahlstrom@pomlaw.com - and - Peretz Bronstein, Esq. BRONSTEIN, GEWIRTZ & GROSSMAN, LLC 60 East 42nd Street, Suite 4600 New York, NY 10165 Telephone: (212) 697-6484 Facsimile (212) 697-7296 Email: peretz@bgandg.com UNITED RECEIVABLES: Class Certification Sought in "Rheuark" Suit ---------------------------------------------------------------- The Plaintiff in the lawsuit captioned JENNIFER RHEUARK, on behalf of herself and all others similarly situated v. UNITED RECEIVABLES GROUP, LLC, Case No. 2:16-cv-01377-R-KS (C.D. Cal.), asks the Court to certify a class of all persons who, without prior express written consent, received non-emergency telephone calls on his or her cellular telephone line from, or on behalf of, Defendant using either an automatic telephone dialing system or an artificial or prerecorded voice. Ms. Rheuark also asks the Court to appoint her as representative of the Robodialer Class, and to appoint Amanda Olvera as representative of the Autodialer Class. She further asks the Court to appoint Bursor & Fisher, P.A., as class counsel. The Court will commence a hearing on July 18, 2016, at 10:00 a.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=jkbd85Qy The Plaintiff is represented by: L. Timothy Fisher, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: ltfisher@bursor.com - and - Scott A. Bursor, Esq. BURSOR & FISHER, P.A. 888 Seventh Avenue New York, NY 10019 Telephone: (212) 989-9113 Facsimile: (212) 989-9163 E-mail: scott@bursor.com VITAMINERALS VM: Faces Comprehensive Suit in S.D. Fla. ------------------------------------------------------ A lawsuit has been filed against Vitaminerals VM/Orthopedics, Ltd. The case is captioned Comprehensive Health Care Systems, Inc., a Florida Corporation individually and as the representative of a class of similarly-situated persons, the Plaintiff, v. Vitaminerals VM/Orthopedics, Ltd., The Hygenic Corporation, and John Does 1-12, the Defendants, Case No. 9:16-cv-80889-WJZ (S.D. Fla., June 1, 2016). The assigned Judge is Ho. William J. Zloch. Vitaminerals is a medical and hospital equipment company located in Hudson, Ohio. The Plaintiff is represented by: Phillip A Bock, Esq. Bock & Hatch, LLC 134 N. La Salle St., Ste. 1000 Chicago, IL 60602 Telephone: (312) 658 5501 Facsimile: (312) 658 5555 E-mail: phil@bockhatchllc.com VOLKSWAGEN GROUP: Faces "Molwitz" Suit in D.N.J. ------------------------------------------------ A lawsuit has been filed against Volkswagen Group of America, Inc. The case is captioned Karl Molwitz, individually, and on behalf of a class of similarly situated individuals, the Plaintiff, v. Volkswagen Group of America, Inc., Volkswagen Of America, Inc., Audi of America, Inc., Audi Aktiengesellschaft, and Volkswagen Aktiengesellschaft, the Defendants, Case No. #: 2:16-cv-03120-JLL- JAD (D.N.J., June 1, 2016). The assigned Judge is Hon. Jose L. Linares. Volkswagen Group of America designs, manufactures, and sells automobiles in the United States and internationally. The company operates as a subsidiary of Volkswagen AG, and is based in Herndon, Virginia. The Plaintiff is represented by: Matthew Ross Mendelsohn, Esq. MAZIE SLATER KATZ & FREEMAN LLC 103 Eisenhower Parkway Roseland, NJ 07068 Telephone: (973) 228 9898 E-mail: mmendelsohn@mskf.net WAFFLE HOUSE: Certification of 3 Classes Sought in "Jones" Suit --------------------------------------------------------------- The Plaintiff in the lawsuit styled WILLIAM JONES, on behalf of himself and others similarly situated v. WAFFLE HOUSE, INC., et al., Case No. 6:15-cv-01637-RBD-DAB (M.D. Fla.), moves the Court for an order certifying these classes: Adverse Action Class: All persons who applied for employment with Waffle House, Inc. and its subsidiaries ("Waffle House") as hourly employees in the United States from October 1, 2010 until March 27, 2015 (and in North Carolina from October 1, 2010 until June 6, 2011), and (a) on whom Waffle House ran background checks using The Source for Public Data, LP ("Public Data"), and (b) whom Waffle House did not hire. Inadequate Adverse Action Notice Class: All persons who applied for employment with Waffle House as hourly employees in the United States (but excluding North Carolina) from October 1, 2013 until March 27, 2015, and (a) on whom Waffle House ran background checks using Public Data, and (b) whom Waffle House did not hire. Catchall Class: All persons who applied for employment with Waffle House as hourly employees in the United States from October 1, 2010 until March 27, 2015 (and in North Carolina from October 1, 2010 until June 6, 2011) on whom Waffle House ran background checks using Public Data. The proposed classes exclude counsel representing the classes, governmental entities, Defendants, any entity in which Defendants have a controlling interest, Defendants' officers, directors, affiliates, legal representatives, employees, co-conspirators, successors, subsidiaries, and assigns, any judicial officer presiding over this matter, the members of their immediate families and judicial staff, and any individual whose interests are antagonistic to other putative class members. Mr. Jones also asks the Court to appoint him as Class Representative and to appoint CounselOne, PC, as Class Counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=Wfya6DEi The Plaintiff is represented by: Anthony J. Orshansky, Esq. Alexandria R. Kachadoorian, Esq. Justin Kachadoorian, Esq. COUNSELONE, PC 9301 Wilshire Boulevard Suite 650 Beverly Hills, CA 90210 Telephone: (310) 277-9945 Facsimile: (424) 277-3727 E-mail: anthony@counselonegroup.com alexandria@counselonegroup.com justin@counselonegroup.com - and - Michael J. Pascucci, Esq. Joshua H. Eggnatz, Esq. EGGNATZ, LOPATIN & PASCUCCI, LLP 5400 S. University Drive, Suite 413 Davie, FL 33328 Telephone: (954) 889-3359 Facsimile: (954) 889-5913 E-mail: Mpascucci@ELPLawyers.com JEggnatz@EggnatzLaw.com WAL-MART STORES: Nikmanesh Seeks Certification of Five Classes -------------------------------------------------------------- The Plaintiffs in the lawsuit entitled AFROUZ NIKMANESH, ELVIS ATENCIO, ANNA NGUYEN, AND EFFIE SPENTZOS, on behalf of themselves, the general public, and all others similarly situated v. WAL-MART STORES, INC., a Delaware corporation, and WAL-MART ASSOCIATES, INC., a Delaware corporation, and DOES 1 through 10, inclusive, Case No. 8:15-cv-00202-AG-JCG (C.D. Cal.), ask the Court to certify these classes: (a) All current and former non-exempt employees, employed by Defendants as Pharmacists in the State of California, who took the Wal-Mart sponsored APhA Immunization Certification Training Course (the "Training Course") during their employment, within four years of the filing of the original complaint until the date of judgment, and who were not paid any wages for the home study and test portions of the Training Course (the "Training Course Class"). (b) All current and former non-exempt employees, employed by Defendants as Pharmacists in the State of California, who did not take a 10-minute rest break during the first 4 hours of their shift, or a second 10-minute rest break for all shifts of 6-10 hours, when they were scheduled to be the only Pharmacist on duty at any time during their shift, within four years before the filing of the original complaint until the date of judgment (the "Rest Break Class"). (c) All current and former non-exempt employees, employed by Defendants as Pharmacists within the State of California, who are members of the Training Course Class and/or the Rest Break Class, and as a result of the claims alleged herein, were not provided with accurate, itemized wage statements as required by California Labor Code Section 226, within one year before the filing of the original Complaint until the date of judgment ("Wage Settlement Class"). (d) All former non-exempt employees, employed by Defendants as Pharmacists in the State of California, who are members of either the Training Course Class and/or the Rest Break Class, and as a result of the claims alleged herein, were not paid all wages due and owing at the time of their separation as required by California Labor Code Sections 201-203, within three years from the filing of the original Complaint until the date of judgment ("Waiting Time Class"). (e) Plaintiffs also seek to certify a class under California's Unfair Competition Law (Bus. & Prof. Code Sections 17200, et seq.). The Plaintiffs also ask the Court to appoint them as class representatives; to appoint Eric M. Epstein, Esq., of Eric M. Epstein, APC, Mark R. Thierman, Esq., and Joshua D. Buck, Esq., of Thierman Buck, LLP, and Dayton B. Parcells, III, Esq., of Parcells Law Firm as class counsel; and to allow them to send notice to certified class members advising class members of the Action. The Court will commence a hearing on August 8, 2016, at 10:00 a.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=rh5aojwp The Plaintiffs are represented by: Eric M. Epstein, Esq. ERIC M. EPSTEIN, APC 1901 Avenue of the Stars, #1100 Los Angeles, CA 90067-6002 Telephone: (310) 552-5366 E-mail: emepstein@aol.com - and - Mark R. Thierman, Esq. Joshua D. Buck, Esq. THIERMAN BUCK LLP 7287 Lakeside Drive Reno, NV 89511 Telephone: (775) 284-1500 E-mail: Mark@Thiermanbuck.com Josh @Thiermanbuck.com - and - Dayton B. Parcells, III, Esq. PARCELLS LAW FIRM 1901 Avenue of the Stars, #1100 Los Angeles, CA 90067 Telephone: (310) 201-9882 E-mail: dbparcells@parcellslaw.com WEXFORD HEALTH: Kucinsky Seeks Certification of Prisoners Class --------------------------------------------------------------- The Plaintiff in the lawsuit entitled Charles Kucinsky and all past, present and future prisoners of Pontiac Seg Unit v. Donna, Jones, McCormick, Prentiss, Randy Pfister, Andrew Tillman, Wexford Health Source Inc, John Baldwin and Michael Melvin, Case No. 1:16- cv-01191-CSB (C.D. Ill.), move the Court for class certification. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=O79MsRf1 WHOLE FOODS: Recalls Kimchi Products Due to Fish & Nuts ------------------------------------------------------- Whole Foods Market is issuing an advisory to customers who purchased Spicy Kimchi, White Kimchi, Kimchi Fried Rice and Kimchi Guacamole from one of its Los Angeles-area stores because the items contained fish, shellfish or tree nuts (pine nuts) that were not listed on product labels. All potentially affected products have been removed from store shelves, and the company is recalling the items out of an abundance of caution. People who have an allergy or severe sensitivity to tree nuts, fish or shellfish run the risk of serious or life-threatening allergic reaction if they consume these products. Included in this advisory are the following items, which were offered at the company's 365 by Whole Foods Market store in Silver Lake between May 25 and May 27: Spicy Kimchi offered at the salad bar (undeclared fish/shellfish) Kimchi Fried Rice offered on the hot food bar (undeclared tree nuts) White Kimchi offered at the salad bar (undeclared tree nuts) Kimchi Guacamole offered in one-pound pre-packaged clear plastic containers with lids, item number 20185700000 and sell-by dates of May 29 to May 31 (undeclared fish/shellfish) The missing allergens were discovered in-house by an employee. No illnesses have been reported to date. Customer who purchased the affected items and wish to return them can bring them back into the store for a full refund. Customers with additional questions about this advisory can contact the store at 323.378.3891 Monday through Friday between the hours of 9 a.m. and 5 p.m. PST. Pictures of the Recalled Products available at: https://is.gd/rvZEya WILD PURGE: "Stanat" Suit to Recover Overtime Pay ------------------------------------------------- David Stanat on behalf of himself and all others similarly situated, Plaintiff, v. Wild Purge I, LLC and Ward Nohavitza, Defendant, Case No. 5:16-cv-00482 (W.D. Tex., May 27, 2016), seeks unpaid overtime wages, liquidated damages, reasonable attorney fees, costs and expenses of this action, including expert witness costs, pre-judgment and post-judgment interest and such other and further relief under the Fair Labor Standard Act. Wild Purge I, LLC is a Texas limited liability company and maintains its principal place of business in San Antonio, Bexar County, Texas. It performs well site services at various oil well sites. Stanat worked as well site supervisor and was allegedly misclassified as contractors, thus denied overtime compensation. The Plaintiff is represented by: Greg S. Gober, Esq. BLAIES & HIGHTOWER, L.L.P. 421 W. 3rd Street, Suite 900 Fort Worth, TX 76102 Tel: 817-3340800 Fax: 817-334-0574 Email: greggober@bhilaw.com WINDSOR PROPERTY: "Hughes" Sues Over Denied Pay Stubs ----------------------------------------------------- Robert Hughes, on behalf of himself and others similarly situated, Plaintiff, v. Windsor Property Management Company, a Delaware corporation, the General Investment and Development Companies d/b/a GID and Does 1 through 50, inclusive, Defendants, Case No. BC621831 (Cal. Super., May 27, 2016), seeks penalties, restitution for unfair competition, disgorgement or profits, general, special and incidental damages, punitive damages, pre-judgment and post- judgment interest, attorney's fees and such other and further relief under the California Labor Code, relevant orders of the Industrial Welfare Commission and California Business and Professions Code. Windsor Property Management is a full service property management company, managing property of all sizes for investors and owners who primarily live outside of Windsor and Essex County. General Investment and Development Company is a fully integrated real estate investment company located in 125 High Street, Boston, MA 02110. Defendants allegedly denied Plaintiff timely, accurate and itemized wage statements. Plaintiff is represented by: David Yeremian, Esq. David Keledjian, Esq. DAVID YEREMIAN & ASSOCIATES, INC. 535 N. Brand Blvd., Suite 705 Glendale, CA 91203 Telephone: (818) 230-8380 Facsimile: (818) 230-0308 Email: david@yeremianlaw.com davidk@yeremianlaw.com WORLDWIDE FLIGHT: "Bautista" Suit Seeks Wages Under Labor Code -------------------------------------------------------------- Guillermo Bautista, individually, and on behalf of all other similarly situated current and former employees of Defendants, the Plaintiff, v Worldwide Flight Services, Inc., a Delaware Corporation; and Does 1-50, inclusive, the Defendants, Case No. B0622372 (Cal. Super. Ct., June 1, 2016), seeks to recover unpaid wages, interest, and reasonable attorneys' fees and costs pursuant to Cal. Labor Code. According to the complaint, the Defendants failed to pay the Plaintiff and the other members of the Class overtime compensation for the hours they have worked in excess of the maximum hours permissible by law as required by California Labor Code. The Plaintiffs and the other members of the Class are regularly required to work overtime hours. The Plaintiff is represented by: Farzad Rastegar, Esq. Candace Kwon, Esq. RASTEGAR LAW GROUP, APC 22760 Hawthorne Boulevard, Suite 200 Torrance, CA 90505 Telephone: (310) 961 9600 Facsimile: (310) 961 9094 E-mail: farzad@rastegarlawgroup.com candace@rastegarlawgroup.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala, Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2016. All rights reserved. ISSN 1525-2272. 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