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C L A S S A C T I O N R E P O R T E R
Monday, July 4, 2016, Vol. 18, No. 132
Headlines
32 BUNGA: Faces "Tenezaca" Suit Over Failure to Pay Overtime
183 FAST: Faces "Navarrete" Suit Over Failure to Pay Overtime
ABLE FORD: Faces "Oviedo" Suit Over Failure to Pay Overtime Wages
AEG LIVE: "Osan" Suit Seeks to Recover Unpaid Overtime Wages
ALKAWTHAR INTERNATIONAL: "Khaer" Suit Seeks to Recover Unpaid OT
ALL-LOCK: Faces "Guerrero" Suit Over Failure to Pay Overtime
ALON BLUE: July 14 Pre-Trial Hearing in Gift Cards Case
ALON BLUE: Settlement Hearing Held in June on Mega Vouchers Suit
ALON BLUE: Settlement in NIS 450MM Suit v. Gas Companies Approved
ALON BLUE: Compromise in Oct. 2009 Suit Rejected
ALON BLUE: NIS 1 Billion Claim v. Dor Alon, 3 Others Revoked
ALON BLUE: Dor Alon Evaluating Terms of Sept. 2012 Case Settlement
ALON BLUE: Parties in Aug. 2014 Case Negotiating Settlement
ALON BLUE: Hearing Held in June in Suit v. Alon Intrade
ALON BLUE: Deal Reached to Resolve Jan. 2015 Case
ALON BLUE: July 7 Pre-Trial Hearing in March 2015 Case
ALON BLUE: Dor Alon's Bid to Be Removed as Defendant Pending
ALON BLUE: NIS 55-Mil. Claim v. Dor Alon Tossed
AMERICAN SUSHI: Padron Seeks to Certify Servers Class Under FLSA
AMERILIST INC: Certification of Class Sought in M. Milkes Suit
AMERITHAI CONCEPTS: Fails to Pay Overtime Wages, "Lugo" Suit Says
APPLIED MACHINERY: Court Rules on Class Cert. Bid in "Diaz"
AUDIOEYE INC: Motion to Dismiss Shareholder Action Pending
BANK OF AMERICA: Faces Harrison Cty Suit Over Interest Rate Swaps
BANK OF AMERICA: Policemen's Annuity Sues Over Interest Rate Swap
BANK OF AMERICA: Philadelphia Sues Over Interest Rate Swaps
BARACK OBAMA: Faces U.S. Government Class Suit in S.D. Texas
BASHAM LUMBER: Certification of Class Sought in M. Milkes Suit
BIQUETTE LLC: Faces "Torres" Suit Over Failure to Pay Overtime
BODY & SOUL: "Brown" Suit Seeks to Recover Unpaid Overtime Wages
BOEHRINGER INGELHEIM: Faces "Hayman" Suit Over Pradaxa(R) Drugs
BOEHRINGER INGELHEIM: Faces "Brewer" Suit Over Pradaxa(R) Drugs
BOEHRINGER INGELHEIM: Faces "Caldwell" Suit Over Pradaxa(R) Drugs
BOGALUSA COURT: Cert. of Class and Subclass Sought in "Cook" Suit
CARTER'S RETAIL: Final Approval of "Dudum" Suit Settlement Sought
CHASE BANK: "Dezfoli" Suit Removed to Central Dist. California
COACH INC: Removed "Hinkey" Suit to East. District California
COLE INTERNATIONAL: "Thompson" Seeks to Recover Unpaid OT Wages
CONFORMIS INC: Securities Action Pending in Massachusetts
CONVERGENT OUTSOURCING: Ruppel Seeks Certification of FDCPA Class
COUNTRYWIDE FINANCIAL: Sued Over Real Estate Appraisal Policies
DITECH FINANCIAL: Certification of Class Sought in "Smith" Suit
DOLGENCORP LLC: "Vega" Class Suit Removed to W.D. Missouri
DOLLAR GENERAL: "Brown" Class Suit Transferred to W.D. Missouri
DOLLAR GENERAL: "Deck" Class Suit Transferred to W.D. Missouri
DOLLAR GENERAL: "Taschner" Suit Transferred to W.D. Missouri
DOLLAR GENERAL: "Wood" Class Suit Transferred to W.D. Missouri
EL POLLO: Does Not Properly Pay Overtime Wages, "Perez" Suit Says
FACEBOOK INC: Court Refuses to Certify Class in Privacy Suit
FORD MOTOR: Appeals Ruling in "Edwards" Class Suit to 9th Circuit
FTS USA: Court Rules on Thomas' Objection and Bid to Strike
GALENA BIOPHARMA: $9MM in Attorney's Fees Awarded
GENERAL MOTORS: Class Certification Granted in "Tolmasoff" Suit
GREEN DOT: Sued Over Pre-Paid Debit Card Access Disruptions
HEARTLAND DENTAL: Faces "Johnson" Suit Over Failure to Pay OT
HG STAFFING: Faces "Ramirez" Suit Over Failure to Pay Overtime
ICE HOUSE: Faces "Zajac" Suit Over Failure to Pay Overtime Wages
IDI INC: Faces "Furman" Suit Over Misleading Financial Reports
IDENTIV INC: Court Stays "Chopra" Lawsuit
INDIANA GENERAL: Faces "Wolfe" Suit Over Civil Rights Violation
ISLAND WAY: Fails to Pay Employees Overtime, "Parker" Suit Says
ISS FACILITY: Wins Bid to Arbitrate Claims in "Sweet" Class Suit
JUI LI ENTERPRISE: Court Certifies Class in Fond Du Lac Suit
KAUFMAN ENGLETT: Cadwell Seeks Certification of Consumer Classes
KELLY SERVICES: Dolemba Seeks to Certify Two TCPA & ICFA Classes
KILLION & SONS: Certification of Class Sought in "Baughman" Suit
KNIGHT OIL: Seeks Approval of Settlement in "Provost" Class Suit
KOHL'S CORP: Bid to Dismiss "Murillo" Suit Denied
LAKE1925: Sued in Cal. Over Failure to Make Unit Defects Repair
LEXINGTON GRUPPE: Has Made Unsolicited Calls, "Alan" Suit Claims
LIFE CARE CENTERS: Court Certifies BOMs Class in "Robinson" Suit
MARTIN AVENUE: Podiatry In Motion Seeks to Certify Three Classes
M-QUBE: Renewed Bid for Class Certification Denied
MEDFORCE TECHNOLOGIES: Waterfront Seeks Certification of Class
MEDICINES COMPANY: "Schuler" Settlement Deal Has Final Okay
MEDIFIT CORPORATE: Flores Seeks Cert. of Two Settlement Classes
MOLYCORP INC: Armstrong Appeals From Ruling in Securities Suit
MONTEREY FINANCIAL: Class Action Allegations in "Dixon" Nixed
MR GOODCENTS: Faces "Kibbie" Class Suit in District Nebraska
NESTLE WATERS: Doesn't Properly Pay Employees, "Ortega" Suit Says
NEW MILLENIUM: Faces "Fayzieva" Suit Over Failure to Pay Overtime
NIKE USA: Illegally Obtains Background Reports, Action Claims
NOBILIS HEALTH: Motion to Dismiss "Schott" Case Underway
NOBILIS HEALTH: "Capelli" Case Pending in Canada
NOR CAL BEVERAGE: Faces "Williams" Class Suit in California
NOVATION COMPANIES: Case by NJ Carpenters' Health Fund Pending
O'REILLY AUTOMOTIVE: King Appeals Ruling From E.D. Washington
OLD DOMINION: Faces "Blanco" Suit Over Failure to Pay Overtime
OMNIPLEX WORLD: "Reynolds" Suit Seeks to Recover Unpaid Overtime
PASON SYSTEMS: Class Conditionally Certified in "Ratliff" Suit
PIER 1: "Palmer" Suit Removed to Central District California
PLAIN GREEN: Think Finance Appeals From Ruling in "Gingras" Suit
POLICYGO LLC: Faces "Payton" Suit in Cal. Over Automated Calls
PRECISE MANAGEMENT: Faces "McLean" Suit Over Failure to Pay OT
PRESTIGE CRUISE: Freixa Appeals Florida District Court Ruling
PROGRESS PLACE: Faces "Yi" Class Suit in District of Maryland
RGIS LLC: Fails to Pay Employees Overtime, "Smith" Suit Claims
ROOSEN VARCHETTI: Anda Seeks Certification of Four Classes
SACRAMENTO, CA: Sued Over Failure to Pay Employees Overtime
SALOMON WHITNEY: Faces "Barnes" Suit in East. District New York
SAM'S LIMOUSINE: Faces "Griffin" Suit Over Failure to Pay OT
SAN DIEGO HOSPICE: Appeal Filed in "Ross" Discrimination Suit
SANOFI: Court Won't Vacate Judgment in Securities Suit
SATIN DOLLS: "Durso" Suit in N.J. Seeks to Recover Unpaid Wages
SEADOG BREWPUB: Brown Seeks to Certify Servers & Bartenders Class
SEARS HOME: Certification of Class Sought in "Coleman" Suit
SEECO INC: Thomas Files Appeal From Ruling in "Smith" Class Suit
SUNRUN INC: Faces "Steinberg" Suit Over Misleading Fin'l Reports
SUPER GOURMET: Fails to Pay Employees Overtime, "Perez" Suit Says
TAMPA HUB: "Jackson" Suit Seeks to Recover Unpaid Wages & Damages
TALMER BANCORP: Sued in Mich. Over Misleading Financial Reports
TIME WARNER: Gubala Appeals From E.D. Wisconsin Order to 7th Cir.
TIMOTHY BAXTER: Class Certification Bid Filed in "Pryor" Suit
TOSHIBA AMERICA: Bid to Certify Class in Pierce-Nunes Suit Denied
TRACY, CA: "Knight" Suit Seeks to Recover Unpaid Overtime Wages
TROJAN HORSE: Cert. of Plan Members Class Sought in "Longo" Suit
UEBT RETIREE: Wins Final OK of $800K "Barling" Suit Settlement
UNION HOSPITAL: Faces "Geraci" Suit Over Failure to Pay Overtime
UNITED ONLINE: Faces "Palkon" Suit Over Proposed B. Riley Merger
UNITED ONLINE: Faces Jeweltex Suit Over Proposed B. Riley Merger
US DISTRICT COURTS: Appeal Filed From Ruling in "Wulfe" Suit
VITA CORE: Presswood Seeks to Certify Class of Fax Ads' Receivers
WAL-MART STORES: Certification of Class Sought in "Swank" Suit
WEATHERFORD INT'L: Certification of Class Sought in "Bowman" Suit
WENDY'S COMPANY: Faces Tech Credit Suit in Penn. Over Data Breach
WEST BASIN: Faces NGL Transportation Suit Over Per Diem Charges
WEST LIBERTY: Faces "Leja" Suit Over Failure to Pay Overtime
WESTLAKE SERVICES: Seeks Final OK of "Duchene" Suit Settlement
WOOD GROUP: "Dobbs" Class Suit Removed to East. Dist. California
XTO ENERGY: Faces "Holt" Suit Over Failure to Pay Overtime Wages
*********
32 BUNGA: Faces "Tenezaca" Suit Over Failure to Pay Overtime
------------------------------------------------------------
Manuel Tenezaca, on behalf of all others similarly situated v. 32
Bunga Inc. d/b/a Jongro BBQ and Kyung Rim Choi, Case No. 1:16-cv-
04552 (S.D.N.Y., June 16, 2016), is brought against the Defendants
for failure to pay overtime wages in violation of the Fair Labor
Standards Act.
The Defendants own and operate Jongro BBQ restaurant located in
New York.
Manuel Tenezaca is a pro se plaintiff.
183 FAST: Faces "Navarrete" Suit Over Failure to Pay Overtime
-------------------------------------------------------------
Rafael Zapoteco Navarrete, individually and on behalf of others
similarly situated v. 183 Fast Food Inc. (d/b/a Kennedy Fried
Chicken & Pizza), and Baljeet Singh, Case No. 1:16-cv-04381
(S.D.N.Y., June 10, 2016), is brought against the Defendants for
failure to pay overtime wages in violation of the Fair Labor
Standards Act.
The Defendants own and operate a restaurant located at 2273
Crotona Ave., Bronx, New York 10457.
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, PC
60 East 42nd Street, Suite 2540
New York, NY 10165
Telephone: (212) 317-1200
E-mail: Michael@Faillacelaw.com
ABLE FORD: Faces "Oviedo" Suit Over Failure to Pay Overtime Wages
-----------------------------------------------------------------
Deivid Dario Velez Oviedo, on behalf of himself and others
similarly situated v. Able Ford of New Jersey Inc. d/b/a All
American Ford, Mazda Authorized Sales and Service d/b/a All
American Mazda, Auto Solutions Inc. d/b/a Auto Solutions, Richard
Savino, Hector Quintero, and Jerrey Bamond, Case No. 3:16-cv-
03370-FLW-LHG (D.N.J., June 10, 2016), is brought against the
Defendants for failure to pay overtime wages in violation of the
Fair Labor Standards Act.
The Defendants operate a new and used car dealership company
located in Old Bridge, NJ.
The Plaintiff is represented by:
Jeffrey Roy Youngman, Esq.
FEITLIN, YOUNGMAN, KARAS & YOUNGMAN
9-10 Saddle River Road
Fairlawn, NJ 07410
Telephone: (201) 791-4400
E-mail: jyoungman@fykglaw.com
AEG LIVE: "Osan" Suit Seeks to Recover Unpaid Overtime Wages
------------------------------------------------------------
R. Osan, individually, and on behalf of all others similarly
situated v. AEG Live, LLC, a Delaware Limited Liability Company;
and DOE one through and including Doe Ten, Case No. BC624023 (Cal.
Super. Ct., June 16, 2016), seeks to recover unpaid overtime,
damages, continuing wages, penalties, restitution and attorneys'
fees and costs pursuant to the California Labor Code.
AEG Live, LLC operates a production company in Los Angeles,
California.
The Plaintiff is represented by:
Alan Harris, Esq.
David Garrett, Esq.
Christina Nordsten, Esq.
HARRIS & RUBLE
655 North Central Avenue 17t Floor
Glendale, CA 91203
Telephone: (323) 962-3777
Facsimile: (323) 962-3004
E-mail: aharris@harrisandruble.com
dgarrett@harrisandruble.com
cnordsten@harrisandruble.com
ALKAWTHAR INTERNATIONAL: "Khaer" Suit Seeks to Recover Unpaid OT
----------------------------------------------------------------
Ibrahim S. Khaer, Fouiza Mohamed Hadgag, Hamdi Hassan, Ahmed Siyam
and Gebremeskel Yemane Kidst, on behalf of themselves and all
others similarly situated v. Alkawthar International LLC, Olive
Branch Kabob LLC, Sultana Grill Incorporated, Jihad Khatib,
Mohammed Bencherki, Hajar Bencherki, Ibrahim Saed Ahmed, Miriam
Ibrahim Elsayed and Mohamed Seid Ahmed Mohamed, Case No. 1:16-cv-
00652-JCC-MSN (E.D. Va., June 10, 2016), seeks to recover unpaid
minimum wages, overtime wages, liquidated damages, reasonable
attorney's fees and costs pursuant to the Fair Labor Standards
Act.
The Defendants own and operate Olive Branch Kabob Restaurant
located at 8428 Lee Hwy, Fairfax, VA 22031 and the Sultana Grill
located at 5515 Wilson Blvd., Arlington, VA 22205.
The Plaintiff is represented by:
Matthew T. Sutter, Esq.
616 North Washington Street
Alexandria, VA 22314
Telephone: (703) 836-9030
Facsimile: (703) 683-1543
E-mail: sutter@oldtownlawvers.com
ALL-LOCK: Faces "Guerrero" Suit Over Failure to Pay Overtime
------------------------------------------------------------
Ruben J. Guerrero, individually and on behalf of all others
similarly situated v. All-Lock & Glass Service, Inc., Mark Heitner
and Robert Fausini, Case No. 1:16-cv-03011-AMD-RML (E.D.N.Y., June
16, 2016), is brought against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standards Act.
The Defendants operate a keys & locksmiths shop located at 911
38th Avenue, Long Island City, NY 11101.
The Plaintiff is represented by:
Puja Sharma, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
69-12 Austin Street
Forest Hills, NY 11375
Telephone: (718) 263-9591
Facsimile: (718) 263-9598
E-mail: pujasharma517@gmail.com
ALON BLUE: July 14 Pre-Trial Hearing in Gift Cards Case
-------------------------------------------------------
Alon Blue Square Israel Ltd. said in its Form 20-F Report filed
with the Securities and Exchange Commission on May 13, 2016, for
the fiscal year ended December 31, 2015, that a pre-trial hearing
is scheduled for July 14, 2016, in a class action proceeding in
Israel related to gift cards issued by the Company.
The Company said, "In February 2016, a motion for approval of a
claim as class action was filed with the Central District Court
against us. The subject of the motion for the approval according
to the petitioner, stems from insolvency proceedings of Mega
Retail, starting from the end of June 2015, where severe damage
was inflicted upon the customers holding gift cards issued by us,
to use their rights and perform through such coupons purchases of
goods in general, but particularly purchases of food products in
Mega Retail branches, as we have undertaken towards the group
members."
"The group was defined in the approval motion: "any person or
corporation holding purchase coupon from June 29, 2015 issued by
the respondent". Accordingly, it is sought to determine that we
have violated materially our commitment by virtue of the purchase
coupons towards the group members due to severe harm to the
exercise ability of the coupons which resulted in severe harm to
the coupon's value. In addition, the court was requested to order
us to compensate the petitioner and any plaintiff included in the
group for damages caused as a result of the claimed material
violation. A monetary amount was not stated in the lawsuit since
at this stage the petitioner does not have accurate data
concerning the aggregate claimed damage of the group.
"Nevertheless, it is indicated in Mega Retail's arrangement
motion, where Mega Retail stated that as of June 29, 2015, the
scope of unutilized gift cards was NIS 200 million and therefore,
as per the petitioner, the damage caused to the group members can
be estimated as considerable. At this stage, the results of the
proceeding cannot be estimated. A pre-trial hearing is scheduled
for July 14, 2016."
ALON BLUE: Settlement Hearing Held in June on Mega Vouchers Suit
----------------------------------------------------------------
Alon Blue Square Israel Ltd. said in its Form 20-F Report filed
with the Securities and Exchange Commission on May 13, 2016, for
the fiscal year ended December 31, 2015, that a settlement
agreement was scheduled for June 16, 2016, in a case filed in
January 2014 related to "Mega" supermarket vouchers.
In January 2014, a claim, and a request to recognize the claim as
a class action, was filed against the Company and Mega Retail, in
the sum of approx. NIS 70 million. The claim is with respect to
purchase vouchers, which are exercised in "Mega" supermarkets for
90% of their value, and which cannot be exercised in "You"
supermarkets. In the opinion of the Company, based on the opinion
of its legal advisers, the chances that the claim will be rejected
exceed 50%. Accordingly, the Company did not make any provision
for this claim in its financial statements.
ALON BLUE: Settlement in NIS 450MM Suit v. Gas Companies Approved
-----------------------------------------------------------------
Alon Blue Square Israel Ltd. said in its Form 20-F Report filed
with the Securities and Exchange Commission on May 13, 2016, for
the fiscal year ended December 31, 2015, that a settlement
agreement has been approved by the court in a class action case
against gas companies, including a subsidiary of Dor Alon.
On December 3, 2003, a claim was filed in the amount of NIS 450
against the gas companies (including a subsidiary of Dor Alon)
alleging that the defendants were parties to a cartel, which they
entered into beginning in 1994 (and even prior thereto) and up to
2003, in the course of which the Restrictive Practices Authority
gave notice of a recommendation to file charges against the gas
companies and their managers in connection with the existence of a
cartel, as stated. The plaintiff contends that by means of the
alleged cartel the gas companies collected unfair and unreasonable
prices.
A request for certification of the claim as a class action
pursuant to the Restrictive Practices Law, the Consumer Protection
Law and Rule 29 of the Rules of Civic Procedure (1984), was filed
together with the claim. The amount of the class action was set by
the requesting party at an amount of at least NIS 1 billion, along
with punitive damages.
The subsidiary of Dor Alon has submitted its response to the
request for certification of the claim as a class action. The
parties twice reached a settlement agreement that was submitted to
Court's approval. However, the Court rejected the two settlement
agreements and therefore the legal procedures continue.
Accordingly, the Company did not make any provision for this claim
in its consolidated financial statements.
On January 3, 2016 the court approved a settlement agreement
between the parties.
ALON BLUE: Compromise in Oct. 2009 Suit Rejected
------------------------------------------------
Alon Blue Square Israel Ltd. said in its Form 20-F Report filed
with the Securities and Exchange Commission on May 13, 2016, for
the fiscal year ended December 31, 2015, that a court has rejected
a compromise reached in a class action.
In October 2009, Dor Alon received a statement of claim and an
application for approval of the claim as a class action; the claim
was lodged against Dor Alon and other fuel companies. The claimant
claims payment of damages of NIS 124 million (Dor Alon's share in
the said claim amount as per the statement of claim is NIS 21.9
million).
According to the claimant, the defendants overcharged him for fuel
when filling up his car. According to the claimant, after passing
his credit card but before starting to fill up, the payment meter
started operating without the provision of fuel.
The overcharge has allegedly amounted at times to several Agorot
and at times to several NIS. The parties have reached a compromise
that was rejected by court and the court asked the parties to file
their pleadings before the compromise agreement is filed.
In the event the parties will not reach a compromise agreement,
the Company believes, based on the opinion of its legal advisers,
the chances that the claim will be rejected exceed 50%.
Accordingly, the Company did not make any provision for this claim
in its consolidated financial statements.
ALON BLUE: NIS 1 Billion Claim v. Dor Alon, 3 Others Revoked
------------------------------------------------------------
Alon Blue Square Israel Ltd. said in its Form 20-F Report filed
with the Securities and Exchange Commission on May 13, 2016, for
the fiscal year ended December 31, 2015, that a claim against Dor
Alon and three other gasoline companies was revoked by the
plaintiff without damages.
On August 22, 2011, Dor Alon received a letter of claim and a
motion for approval of action as class action against Dor Alon and
the three other gasoline companies for a total of NIS 1 billion
(of which Dor Alon's share is NIS 167 million). The claimants
argue that the gasoline companies inflated the "marketing expense
item" which is incorporated into the calculation of the maximum
price of gasoline 95 octane by adding expenses unrelated to the
sale of gasoline, thus misleading the regulator and enabling
themselves to sell gasoline 95 octane at a higher price than the
price that should be charged. The claimants assert that this is
violation of legislated provisions in the Supervision Order on
Goods and Services (Maximum Prices in Gasoline Stations) - 2002;
the Consumer Protection Law - 1981; and the Damage Ordinance (new
version) - 1968.
In the opinion of the Company, based on the opinion of its legal
advisers, the chances that the claim will be rejected exceed 50%.
Accordingly, the Company did not make any provision for this claim
in its consolidated financial statements. On April 13, 2016 the
court issued a decision whereby the claim was revoked by the
plaintiff without damages.
ALON BLUE: Dor Alon Evaluating Terms of Sept. 2012 Case Settlement
------------------------------------------------------------------
Alon Blue Square Israel Ltd. said in its Form 20-F Report filed
with the Securities and Exchange Commission on May 13, 2016, for
the fiscal year ended December 31, 2015, that Dor Alon is
evaluating the terms of a proposed settlement agreement by the
plaintiff and a co-defendant in a class action lawsuit filed in
September 2012.
On September 6, 2012, a letter of claim and motion for approval as
a class action was filed against Dor Alon and other defendants,
for an aggregate amount of NIS 43.2 million. The plaintiff claims
that as a customer of the Dor Alon "Spidomat" arrangement for car
fueling at reduced prices, she discovered that her reduction was
less than the regular discount given to all other customers at the
station. As result, the Plaintiff claims she suffered financial
damages from being a member of the "Spidomat" arrangement.
In October 2014, the court approved the claim as a class action,
and Dor Alon made a proper provision for this claim in its
consolidated financial statements. The parties entered into
mediation which did not succeed in settling the claim and
proceedings reverted to court.
Prior to then, on November 8, 2015, the plaintiff filed an
injunction requesting that Dor Alon be prevented from accepting
payments using the "Spidomat" mechanism which are in excess to
payments made by regular customers. The court opined that the
requested injunction is excessive in nature. A final decision has
not been rendered by the court.
In April 2016, one of the co-defendants in the claim notified the
court that it would update its customer price list for diesel
fuel. Dor Alon was granted until May 29, 2016 to provide the court
with its position regarding the notification by the co-defendant.
Dor Alon has requested an extension to provide their answer in
this regard.
Additionally, another co-defendant in the claim filed a request to
enter into a settlement agreement (and similar claims against such
co-defendant). Dor Alon is evaluating the terms of the proposed
settlement agreement and its effects on Dor Alon.
ALON BLUE: Parties in Aug. 2014 Case Negotiating Settlement
-----------------------------------------------------------
Alon Blue Square Israel Ltd. said in its Form 20-F Report filed
with the Securities and Exchange Commission on May 13, 2016, for
the fiscal year ended December 31, 2015, that the parties in a
class action lawsuit filed in August 2014 are in negotiation of a
settlement.
On August 18, 2014 a letter of claim and motion for approval as a
class action was filed against a subsidiary of Dor Alon, for an
aggregate amount of NIS 9 million. The plaintiff claims that as a
customer of the Dor Alon "Spidomat" arrangement for car fueling at
reduced prices, he discovered that his reduction for LPG was less
than the regular discount given to all other customers at the
station. As result, the plaintiff claims he suffered financial
damages from being a member of the "Spidomat" arrangement.
The parties are negotiation a settlement whereby the claim will be
revoked in consideration of an immaterial monetary amount. In the
opinion of the Company, based on the opinion of its legal
advisers, the chances that the claim and injunction will be
rejected exceed 50%.
ALON BLUE: Hearing Held in June in Suit v. Alon Intrade
-------------------------------------------------------
Alon Blue Square Israel Ltd. said in its Form 20-F Report filed
with the Securities and Exchange Commission on May 13, 2016, for
the fiscal year ended December 31, 2015, that a hearing was
scheduled in June 2016 in a class action lawsuit against Alon
Intrade Coffee Shops Ltd.
In November 2013 two letters of claim and motions for approval as
a class action were filed against a subsidiary of Dor Alon, one in
the sum of NIS 7 million, and the other in the amount of NIS 306
million. It is alleged in both claims that the subsidiary, Alon
Intrade Coffee Shops Ltd., replaced labels of the production dates
of sandwiches, in a way that appeared as if the sandwich had been
produced no later than in the last 24 hours from the time it was
bought. In the opinion of the Company, based on the opinion of its
legal advisers, the chances that the claims will be rejected
exceed 50%. Accordingly, the Company did not make any provision
for these claims in its consolidated financial statements. A court
hearing was scheduled for June 8, 2016.
ALON BLUE: Deal Reached to Resolve Jan. 2015 Case
-------------------------------------------------
Alon Blue Square Israel Ltd. said in its Form 20-F Report filed
with the Securities and Exchange Commission on May 13, 2016, for
the fiscal year ended December 31, 2015, that a letter of claim
and motion for approval as a class action in the sum of approx.
NIS 97 million was filed in January 2015 against a subsidiary of
Dor Alon. It is claimed that the subsidiary did not fulfill its
commitment for a certain discount price, and that is failed to
properly display prices of fuel and diesel at its filling
stations. The parties entered into a settlement agreement on April
18, 2016.
ALON BLUE: July 7 Pre-Trial Hearing in March 2015 Case
------------------------------------------------------
Alon Blue Square Israel Ltd. said in its Form 20-F Report filed
with the Securities and Exchange Commission on May 13, 2016, for
the fiscal year ended December 31, 2015, that a pre-trail hearing
is scheduled for July 7, 2016, in a class action case filed in
March 2015, and the parties are negotiating a settlement
agreement.
In March 2015 a letter of claim and motion for approval as a class
action in the sum of approx. NIS 71 million was filed against Dor
Alon and a subsidiary of Dor Alon. It is claimed that Dor Alon and
its subsidiary charge higher prices for diesel purchased at self
service pumps than diesel purchased at full service pumps, and
that they fail to comply with statutory requirements regarding the
display of prices at filling stations. A pre-trail hearing is
scheduled for July 7, 2016 and the parties are negotiating a
settlement agreement whereby the claim will be revoked in
consideration for an immaterial monetary amount.
In the event a settlement is not reached, in the opinion of the
Company, based on the opinion of its legal advisers, the chances
that the claim and injunction will be rejected exceed 50%.
"We will continue to assess this matter as the request for the
class action develops," the Company said.
ALON BLUE: Dor Alon's Bid to Be Removed as Defendant Pending
------------------------------------------------------------
Alon Blue Square Israel Ltd. said in its Form 20-F Report filed
with the Securities and Exchange Commission on May 13, 2016, for
the fiscal year ended December 31, 2015, that a court has not yet
rendered a decision on Dor Alon's request to be removed as a
defendant in a class action lawsuit filed in May 2015.
On May 7, 2015 a letter of claim and motion for approval as a
class action was filed against Dor Alon and a subsidiary of Dor
Alon. The claim asserts that the plastic packing bags provided at
convenience stores in filling stations leave residue and small
pieces of plastic which may be a safety and environmental hazard.
The plaintiff is requesting that the defendants cease providing
such plastic bags.
On February 23, 2016, Dor Alon filed a request to be removed as a
defendant, and a decision has yet to be rendered by the court. In
the event a settlement is not reached, in the opinion of the
Company, based on the opinion of its legal advisers, the chances
that the claim and injunction will be rejected exceed 50%.
ALON BLUE: NIS 55-Mil. Claim v. Dor Alon Tossed
-----------------------------------------------
Alon Blue Square Israel Ltd. said in its Form 20-F Report filed
with the Securities and Exchange Commission on May 13, 2016, for
the fiscal year ended December 31, 2015, that a letter of claim
and motion for approval as a class action in the sum of NIS 55
million was filed in April 2015 against Dor Alon and a subsidiary
of Dor Alon. The claim is with regard to video shooting and sound
recording made in convenience stores without proper notice and
consent of the customers. The courts have removed this claim due
to no-actions taken by the plaintiff.
AMERICAN SUSHI: Padron Seeks to Certify Servers Class Under FLSA
----------------------------------------------------------------
Redys Padron moves the Court for an order certifying collective
action and authorizing notice to all class members pursuant to the
Fair Labor Standards Act of 1938 in the lawsuit styled REDYS
PADRON, on behalf of himself and others similarly situated v.
AMERICAN SUSHI, LLC, a Florida limited liability company, THE
SUSHI SPOT, LLC, a Florida limited liability company, and WALTER
ZAPATA, an individual, Case No. 1:16-cv-21593-UU (S.D. Fla.)
The Plaintiff seeks collective-action certification of this class
of similarly situated persons:
All persons who worked for Defendants as servers during the
three (3) years preceding this lawsuit, were paid as tipped
employees below the Florida minimum wage, were forced to
share or kick-back a portion of their tips to non-tipped
employees and were not properly compensated for all overtime
hours worked.
Mr. Padron also asks the Court to direct the Defendants to produce
to his counsel within 20 days a list containing the names and last
known addresses of putative class members, who worked for the
Defendants during the last three years.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=2bdQwVVt
The Plaintiff is represented by:
Robert W. Brock II, Esq.
LAW OFFICE OF LOWELL J. KUVIN
17 East Flagler Street, Suite 223
Miami, FL 33131
Telephone: (305) 358-6800
Facsimile: (305) 358-6808
E-mail: robert@kuvinlaw.com
The Defendants are represented by:
Paul F. Penichet, Esq.
PENICHET LAW
9655 South Dixie Highway, Suite 310
Miami, FL 33156
Telephone: (305) 373-8809
Facsimile: (305) 373-8810
E-mail: paul@penichetlaw.com
AMERILIST INC: Certification of Class Sought in M. Milkes Suit
--------------------------------------------------------------
M. Milkes Insurance Agency, Inc., asks the Court to enter an order
determining that the action captioned M. MILKES INSURANCE AGENCY,
INC., on behalf of plaintiff and the class members defined herein
v. AMERILIST, INC., and JOHN DOES 1-10, Case No. 1:16-cv-06778
(N.D. Ill.), may proceed as a class action.
The Plaintiff defines the class as (a) all persons, (b) who, on or
after a date four years prior to the filing of this action (28
U.S.C. Section 1658), (c) were sent faxes by or on behalf of
defendant Amerilist, Inc., 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.
M. Milkes further asks that it be appointed class representative
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=fVGOOS0w
The Plaintiff is represented by:
Daniel A. Edelman, Esq.
Cathleen M. Combs, Esq.
James O. Latturner, Esq.
Dulijaza Clark, Esq.
EDELMAN, COMBS, LATTURNER & GOODWIN, LLC
20 South Clark Street, Suite 1500
Chicago, IL 60603
Telephone: (312) 739-4200
Facsimile: (312) 419-0379
E-mail: dedelman@edcombs.com
ccombs@edcombs.com
jlatturner@edcombs.com
jclark@edcombs.com
AMERITHAI CONCEPTS: Fails to Pay Overtime Wages, "Lugo" Suit Says
-----------------------------------------------------------------
Suemy Lugo and Lidia Leon, in their individual capacities and on
behalf of others similarly situated v. Amerithai Concepts, Inc.
d/b/a Thai Kitchen, Amerithai Concepts, LLC, d/b/a Thai Kitchen,
Saravut Nilabol, and Somjai Nilabol, Case No. 1:16-cv-01400 (D.
Col., June 10, 2016), is brought against the Defendants for
failure to pay overtime rate for all hours worked over 40 in a
workweek.
The Defendants own and operate a Thai restaurant located at 2130
N. Main Street, Unit 5, Longmont, CO 80501.
The Plaintiff is represented by:
Penn A. Dodson, Esq.
ANDERSONDODSON, P.C.
11 Broadway, Suite 615
New York, NY 10004
Telephone: (212) 961-7639
Facsimile: (646) 998-8051
E-mail: penn@andersondodson.com
APPLIED MACHINERY: Court Rules on Class Cert. Bid in "Diaz"
-----------------------------------------------------------
In the case captioned RODOLFO DIAZ, On Behalf of Himself and
Others Similarly Situated, Plaintiffs, v. APPLIED MACHINERY CORP.,
NABORS CORPORATE SERVICES, INC., and NABORS INDUSTRIES, INC.,
Defendants. ABEL ORTEGA, et al., on Behalf of Themselves and All
Others Similarly Situated, Plaintiff, v. APPLIED MACHINERY CORP.,
NABORS CORPORATE SERVICES, NC., and NABORS INDUSTRIES, INC.,
Defendants, Civil Action Nos. H-15-1282, H-15-2674 (S.D. Tex.),
Judge Sim Lake granted in part and denied, in part, the
plaintiffs' partially oppposed motion for class certification and
expedited discovery. The judge provisionally deemed the action a
collective action.
Rodolfo Diaz, and 34 other individuals, on behalf of themselves
and others similarly situated, brought the action against the
defendants, Applied Machinery Corporation (AMC), Nabors Corporate
Services, Inc., and Nabors Industries, to recover unpaid overtime
wages and other damages under the Fair Labor Standards Act (FLSA).
The plaintiffs filed a partially opposed motion for class
certification and expedited discovery.
Judge Lake concluded that the motion should be granted as to all
current and former "rig welders" who were jointly employed by
Applied Machinery Corporation and by Nabors Corporate Services,
Inc., and/or by Nabors Industries, at Applied Machinery
Corporation's Conroe, Texas location within the immediately
preceding three-year period. The judge, however, denied the
plaintiffs' requests (1) that defendants be ordered to produce
social security numbers of putative class members, and (2) that
consent forms provided by the putative plaintiffs be "deemed filed
as of their postmark date."
A full-text copy of Judge Lake's June 24, 2016 memorandum opinion
and order is available at https://is.gd/wuZtUy from Leagle.com.
Rodolfo Diaz, Plaintiff, represented by Curt Christopher Hesse,
Moore & Associates & Melissa Moore, Moore & Associates.
Jose L. Diaz, Joel Hernandez, Arnoldo Hernandez, Eliazar
Hernandez, Jr., Eliazar Hernandez, Sr., Alberto Ayala, Jr.,
Guadalupe Vega, Plaintiffs, represented by Melissa Moore, Moore &
Associates.
Alejandro Sanchez, Carlos Morales, Juan Abadia, Juan Najera,
Martin Sierra, Omar Penaloza, Roberto Lara, Walter Hernandez,
Ignacio Hernandez, Plaintiffs, represented by Ross Allen Sears,
II, Williamson Sears Rusnak LLP.
Abel Ortega, Abraham Jahis Puga-Reyna, Abraham Jahis Puga Morales,
Alberto Zavala Aviles, Alejandro Rodriguez, Celso Elias Ochoa,
Christopher Acevedo, Conrado Saucedo Valdez, David Celvas Garcia,
Esteban Fuentes Duran, Felipe Cosme Ocanas-Villagrana, Francisco
Gerardo Cedillo, Hector Cortina, Ignacio Cazares, Jesus Cruz
Ramirez, Jorge Luis Vazquez, Jorge Uriel Arreaga Monterroso, Jorge
Vazquez Pecina, Jose Ramon Calderon, Luis Enrique Serrano
Gonzalez, Luis Mario Montalvo-Rodriguez, Luis Roberto Mora Corpus,
Marco Antonio Arizpe-Sanchez, Mario Herrera, Jr., Mario Mata
Moralez, Matais Reyes Arellano, Oziel Morales-Mata, Ramiro Amilcar
Galan, Reynaldo Gutierrez, Ricardo Villanueva Esquivel, Rodolfo
Grijalva Talamentes, Rodrigo Campos, Sergio Raymundo Guzman-
Rodriguez, Ulises Filomena Avila, Consol Plaintiffs, represented
by Ross Allen Sears, II, Williamson Sears Rusnak LLP.
Applied Machinery Corporation, Defendant, represented by Marc
James Wojciechowski, Wojciechowski & Associates & Malcolm Deon
Dishongh, Wojciechowski Associates PC.
Nabors Industries, Inc. (Nabors), Nabors Corporate Services, Inc.,
Defendants, represented by James M. Cleary, Jr., Martin Disiere et
al.
AUDIOEYE INC: Motion to Dismiss Shareholder Action Pending
----------------------------------------------------------
AudioEye, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 13, 2016, for the
quarterly period ended March 31, 2016, that the Company's motion
to dismiss a class action lawsuit remains pending.
The Company said, "In April 2015, two shareholder class action
lawsuits were filed against us and our former officer Nathaniel
Bradley and former officer Edward O'Donnell in the U.S. District
Court for the District of Arizona. The plaintiffs allege various
causes of action against the defendants arising from our
announcement that our previously issued financial results for the
first three quarters of 2014 and the guidance for the fourth
quarter of 2014 and the full year of 2014 could no longer be
relied upon. The complaints seek, among other relief,
compensatory damages and plaintiff's counsel's fees and experts'
fees. The Court has appointed a lead plaintiff and lead counsel.
We have responded to the complaints and also filed a motion to
dismiss. We believe that the lawsuits have no merit and intend to
mount a vigorous defense. Given the current stage of the
proceedings in this case, our management currently cannot assess
the probability of losses, or reasonably estimate the range of
losses, related to these matters. As of December 31, 2015, we have
paid the deductible pursuant to the D&O insurance policy, in the
amount of $100,000 regarding this matter."
AudioEye provides web accessibility solutions for clients'
customers through its Ally Platform Products.
BANK OF AMERICA: Faces Harrison Cty Suit Over Interest Rate Swaps
-----------------------------------------------------------------
Harrison County, Mississippi, Magnolia Regional Health Center, and
Cullman Regional Medical Center, Inc., on behalf of themselves 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 Securities (USA) LLC; Credit Suisse International;
Deutsche Bank AG; Deutsche Bank Securities Inc.; The Goldman Sachs
Group, Inc.; Goldman, Sachs & Co.; Goldman Sachs Bank USA; Goldman
Sachs Financial Markets, LP; Goldman Sachs International; 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; The Royal Bank of Scotland Group PLC; Royal Bank of Scotland
PLC; RBS Securities Inc.; Tradeweb Markets LLC; UBS AG; and UBS
Securities LLC, Case No. 1:16-cv-04561-PAE (N.D. Ill., June 16,
2016), is an action for damages and injunctive relief on behalf of
a class of all persons and entities who entered into interest rate
swaps transactions with Defendants in the United States during the
period January 1, 2007, through the present.
The Defendants operate a chartered national banking association
throughout the United States.
The Plaintiff is represented by:
George A. Zelcs, Esq.
Randall P. Ewing, Esq.
KOREIN TILLERY, LLC
205 Michigan Avenue, Suite 1950
Chicago, IL 60601
Telephone: (312) 641-9750
E-mail: gzelcs@koreintillery.com
rewing@koreintillery.com
- and -
Michael J. Guzman, Esq.
Derek T. Ho, Esq.
KELLOGG, HUBER, HANSEN, TODD, EVANS & FIGEL, P.L.L.C.
Sumner Square 1615 M Street, NW, Suite 400
Washington, DC 20036
Telephone: (202) 326-7900
E-mail: mguzman@khhte.com
dho@khhte.com
- and -
Robert E. Litan, Esq.
Steven M. Tillery, Esq.
KOREIN TILLERY, LLC
505 North 7th Street, Suite 3600
St. Louis, MO 63101
Telephone: (314) 241-4844
E-mail: stillery@koreintillery.com
rlitan@koreintillery.com
- and -
R. Bryant McCulley, Esq.
Stuart H. McCluer, Esq.
McCULLEY McCLUER PLLC
1022 Carolina Boulevard, Suite 300
Isle of Palms, SC 29451
Telephone: (662) 550-4511
E-mail: bmcculley@mcculleymccluer.com
smccluer@mcculleymccluer.com
- and -
W. Percy Badham III, Esq.
Sam David Knight, Esq.
BADHAM & BUCK LLC
2001 Park Place, #500
Birmingham, AL 35203
Telephone: (205) 521-0036
E-mail: pbadham@badhambuck.com
sdknight@badhambuck.com
- and -
Michael W. Fuller, Esq.
S. Wayne Fuller, Esq.
FULLER, WILLINGHAM, FULLER & CARTER, LLC
413 First Avenue SW
Cullman, AL 35055
Telephone: (256) 734-2023
E-mail: mfuller@fandwlaw.com
sfuller@fandwlaw.com
- and -
Michael J. Boni, Esq.
Joshua D. Snyder, Esq.
BONI & ZACK LLC
15 St. Asaphs Road
Bala Cynwyd, PA 19004
Telephone: (610) 822-0200
E-mail: mboni@bonizack.com
jsnyder@bonizack.com
- and -
Jeffrey S. Istvan, Esq.
Matthew Duncan, Esq.
Adam J. Pessin, Esq.
FINE, KAPLAN AND BLACK, R.P.C.
1 South Broad St., 23rd Floor
Philadelphia, PA 19107
Telephone: (215) 567-6565
E-mail: jistvan@finekaplan.com
mduncan@finekaplan.com
apessin@finekaplan.com
- and -
Tim C. Holleman, Esq.
BOYCE HOLLEMAN & ASSOCIATES
1720 23rd Ave./Boyce Holleman Blvd.
Gulfport, MS 39501
Telephone: (228) 863-3142
E-mail: tim@boyceholleman.com
- and -
Jonathan Compretta, Esq.
MIKE MOORE LAW FIRM, LLC
10 Canebrake, Suite 150
Flowood, MS 39232
Telephone: (601) 933-0070
E-mail: jc@mikemoorelawfirm.com
BANK OF AMERICA: Policemen's Annuity Sues Over Interest Rate Swap
-----------------------------------------------------------------
Policemen's Annuity & Benefit Fund of Chicago, 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 Securities (USA) LLC; Credit Suisse International;
Deutsche Bank AG; Deutsche Bank Securities Inc.; The Goldman Sachs
Group, Inc.; Goldman, Sachs & Co.; Goldman Sachs Bank USA; Goldman
Sachs Financial Markets, LP; Goldman Sachs International; 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; The Royal Bank of Scotland Group PLC; Royal Bank of Scotland
PLC; RBS Securities Inc.; Tradeweb Markets LLC; UBS AG; and UBS
Securities LLC, Case No. 1:16-cv-04566-PAE-HBP (N.D. Ill., June
16, 2016), is an action for damages and injunctive relief on
behalf of a class of all persons and entities who entered into
interest rate swap transactions with Defendants in the United
States during the period January 1, 2007, through the present.
The Defendants operate a chartered national banking association
throughout the United States.
The Plaintiff is represented by:
George A. Zelcs, Esq.
Randall P. Ewing Jr., Esq.
Chad E. Bell, Esq.
KOREIN TILLERY, LLC
205 North Michigan Plaza, Suite 1950
Chicago, IL 60601
Telephone: (312) 641-9750
Facsimile: (312) 641-9751
E-mail: gzelcs@koreintillery.com
rewing@koreintillery.com
cbell@koreintillery.com
- and -
Stephen M. Tillery, Esq.
Robert E. Litan, Esq.
Robert King, Esq.
KOREIN TILLERY, LLC
One U.S. Bank Plaza
505 North 7th Street, Suite 3600
St. Louis, MO 63101
Telephone: (314) 241-4844
Facsimile: (314) 241-3525
E-mail: stillery@koreintillery.com
rlitan@koreintillery.com
rking@koreintillery.com
- and -
Christopher M. Burke, Esq.
Kate Lv, Esq.
SCOTT+SCOTT, ATTORNEYS AT LAW, LLP
707 Broadway, Suite 1000
San Diego, CA 92101
Telephone: (619) 233-4565
Facsimile: (619) 233-0508
E-mail: cburke@scott-scott.com
klv@scott-scott.com
BANK OF AMERICA: Philadelphia Sues Over Interest Rate Swaps
-----------------------------------------------------------
The City of Philadelphia, 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 Securities (USA) LLC; Credit Suisse International; Deutsche
Bank AG; Deutsche Bank Securities Inc.; The Goldman Sachs Group,
Inc.; Goldman, Sachs & Co.; Goldman Sachs Bank USA; Goldman Sachs
Financial Markets, LP; Goldman Sachs International; 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; The
Royal Bank of Scotland Group PLC; Royal Bank of Scotland PLC; RBS
Securities Inc.; Tradeweb Markets LLC; UBS AG; and UBS Securities
LLC, Case No. 1:16-cv-04563-PAE (N.D. Ill., June 16, 2016), is an
action for damages and injunctive relief on behalf of a class of
all persons and entities who entered into interest rate swaps
transactions with Defendants in the United States during the
period January 1, 2007, through the present.
The Defendants operate a chartered national banking association
throughout the United States.
The Plaintiff is represented by:
George A. Zelcs, Esq.
Randall P. Ewing, Esq.
KOREIN TILLERY, LLC
205 Michigan Avenue, Suite 1950
Chicago, IL 60601
Telephone: (312) 641-9750
E-mail: gzelcs@koreintillery.com
rewing@koreintillery.com
- and -
Michael J. Guzman, Esq.
Derek T. Ho, Esq.
KELLOGG, HUBER, HANSEN, TODD, EVANS & FIGEL, P.L.L.C.
Sumner Square 1615 M Street, NW, Suite 400
Washington, DC 20036
Telephone: (202) 326-7900
E-mail: mguzman@khhte.com
dho@khhte.com
- and -
Robert E. Litan, Esq.
Steven M. Tillery, Esq.
KOREIN TILLERY, LLC
505 North 7th Street, Suite 3600
St. Louis, MO 63101
Telephone: (314) 241-4844
E-mail: stillery@koreintillery.com
rlitan@koreintillery.com
- and -
R. Bryant McCulley, Esq.
Stuart H. McCluer, Esq.
McCULLEY McCLUER PLLC
1022 Carolina Boulevard, Suite 300
Isle of Palms, SC 29451
Telephone: (662) 550-4511
E-mail: bmcculley@mcculleymccluer.com
smccluer@mcculleymccluer.com
- and -
W. Percy Badham III, Esq.
Sam David Knight, Esq.
BADHAM & BUCK LLC
2001 Park Place, #500
Birmingham, AL 35203
Telephone: (205) 521-0036
E-mail: pbadham@badhambuck.com
sdknight@badhambuck.com
- and -
Michael W. Fuller, Esq.
S. Wayne Fuller, Esq.
FULLER, WILLINGHAM, FULLER & CARTER, LLC
413 First Avenue SW
Cullman, AL 35055
Telephone: (256) 734-2023
E-mail: mfuller@fandwlaw.com
sfuller@fandwlaw.com
- and -
Michael J. Boni, Esq.
Joshua D. Snyder, Esq.
BONI & ZACK LLC
15 St. Asaphs Road
Bala Cynwyd, PA 19004
Telephone: (610) 822-0200
E-mail: mboni@bonizack.com
jsnyder@bonizack.com
- and -
Jeffrey S. Istvan, Esq.
Matthew Duncan, Esq.
Adam J. Pessin, Esq.
FINE, KAPLAN AND BLACK, R.P.C.
1 South Broad St., 23rd Floor
Philadelphia, PA 19107
Telephone: (215) 567-6565
E-mail: jistvan@finekaplan.com
mduncan@finekaplan.com
apessin@finekaplan.com
- and -
Tim C. Holleman, Esq.
BOYCE HOLLEMAN & ASSOCIATES
1720 23rd Ave./Boyce Holleman Blvd.
Gulfport, MS 39501
Telephone: (228) 863-3142
E-mail: tim@boyceholleman.com
- and -
Jonathan Compretta, Esq.
MIKE MOORE LAW FIRM, LLC
10 Canebrake, Suite 150
Flowood, MS 39232
Telephone: (601) 933-0070
E-mail: jc@mikemoorelawfirm.com
BARACK OBAMA: Faces U.S. Government Class Suit in S.D. Texas
------------------------------------------------------------
A class action lawsuit has been commenced against Barack Hussein
Obama 7+years Imperial Administrations and Expulsions Fuzes of
President Barack Hussein Obama and Vice President Joseph "Joe"
Biden, Joseph "Joe" Biden 7+years Imperial Administrations and
Expulsions Fuzes of President Barack Hussein Obama and
VicePresident Joseph "Joe" Biden, S. Breyer, Scoutus Dictum
Expulsion Fainaiguing Fuzes of, R. B. Ginsburg Scoutus Dictum
Expulsion Fainaiguing Fuzes of, E. Kagan Scoutus Dictum Expulsion
Fainaiguing Fuzes of, A. M. Kennedy Scoutus Dictum Expulsion
Fainaiguing Fuzes of, American Civil Liberty Union (ACLU) / Lynch
& Gupta Special Counsel, Bagnio of LgbtHomosexual State-Clan, C.
Colvin, Comm. SS Admn, and Donald Trump Populous Presidential
Primary Paid Off Election-Expulsions/Stateswide Wins as Moot, Null
and Void Fuzes.
The case is captioned United States Government The Comity-
Government of Democracy of/by/for We the People, Jus Hetero
Generational-Propagational Posterity-Citizenships, Texas and 26-
States of Union, James Aggrey-Kweggyir Arunga, and Doreen H. Lee
v. Barack Hussein Obama 7+years Imperial Administrations and
Expulsions Fuzes of President Barack Hussein Obama and
VicePresident Joseph "Joe" Biden, Joseph "Joe" Biden 7+years
Imperial Administrations and Expulsions Fuzes of President Barack
Hussein Obama and VicePresident Joseph "Joe" Biden, S. Breyer,
Scoutus Dictum Expulsion Fainaiguing Fuzes of, R. B. Ginsburg
Scoutus Dictum Expulsion Fainaiguing Fuzes of, E. Kagan Scoutus
Dictum Expulsion Fainaiguing Fuzes of, A. M. Kennedy Scoutus
Dictum Expulsion Fainaiguing Fuzes of, American Civil Liberty
Union (ACLU) / Lynch & Gupta Special Counsel, Bagnio of
LgbtHomosexual State-Clan, C. Colvin, Comm. SS Admn, and Donald
Trump Populous Presidential Primary Paid Off Election-
Expulsions/Stateswide Wins as Moot, Null and Void Fuzes, Case No.
1:16-cv-00119 (S.D. Tex., June 9, 2016).
The Plaintiff United States Government is represented by:
United States Government
James A-K Arunga
Post Office Box 11521
Eugene, OR 97440-3721
Arunga & Lee
PRO SE
The Plaintiff Jus Hetero Generational-Propagational Posterity-
Citizenships is represented by:
Jus Hetero Generational-Propagational Posterity-
Citizenships
James A-K Arunga
Post Office Box 11521
Eugene, OR 97440-3721
Arunga & Lee
PRO SE
The Plaintiff Texas and 26-States of Union is represented by:
Texas and 26-States of Union
James A-K Arunga
Post Office Box 11521
Eugene, OR 97440-3721
Arunga & Lee
PRO SE
The Plaintiff James Aggrey-Kweggyir Arunga is represented by:
James Aggrey-Kweggyir Arunga
Arunga & Lee
Post Office Box 11521
Eugene, OR 97440-3721
PRO SE
The Plaintiff Doreen H. Lee is represented by:
Doreen H. Lee
James A-K Arunga
Post Office Box 11521
Eugene, OR 97440-3721
Arunga & Lee
PRO SE
BASHAM LUMBER: Certification of Class Sought in M. Milkes Suit
--------------------------------------------------------------
M. Milkes Insurance Agency, Inc., asks the Court to enter an order
determining that the action entitled M. MILKES INSURANCE AGENCY,
INC., on behalf of plaintiff and the class members defined herein
v. BASHAM LUMBER CO., INC., and JOHN DOES 1-10, Case No. 1:16-cv-
06855 (N.D. Ill.), may proceed as a class action against Basham.
The Plaintiff defines the class as (a) all persons, (b) who, on or
after a date four years prior to the filing of this action (28
U.S.C. Section 1658), (c) were sent faxes by or on behalf of
defendant Basham Lumber Co., Inc., promoting goods or services it
sold (d) and which did not contain an opt out notice as described
in 47 U.S.C. Section 227.
M. Milkes further asks that it be appointed class representative
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=ezCcq9mo
The Plaintiff is represented by:
Daniel A. Edelman, Esq.
Cathleen M. Combs, Esq.
James O. Latturner, Esq.
Dulijaza Clark, Esq.
EDELMAN, COMBS, LATTURNER & GOODWIN, LLC
20 South Clark Street, Suite 1500
Chicago, IL 60603
Telephone: (312) 739-4200
Facsimile: (312) 419-0379
E-mail: dedelman@edcombs.com
ccombs@edcombs.com
jlatturner@edcombs.com
jclark@edcombs.com
BIQUETTE LLC: Faces "Torres" Suit Over Failure to Pay Overtime
--------------------------------------------------------------
Jonathan Romero Torres and Evelyn Infante Vargas, individually and
on behalf of others similarly situated v. Biquette LLC
d/b/a Frere de Lys, Thibaut Piettre, Alexis G. Piettre, Daniel S.
Paroby Jr., and Blaga S. Slaveykova-Paroby, Case No. 1:16-cv-04581
(S.D.N.Y., June 16, 2016), is brought against the Defendants for
failure to pay overtime wages in violation of the Fair Labor
Standards Act.
The case alleges violation of the Fair Labor Standards Act.
The Defendants own and operate a restaurant located at 1685 1st
Avenue, New York, NY 10128.
Jonathan Romero Torres and Evelyn Infante Vargas are pro se
plaintiffs.
BODY & SOUL: "Brown" Suit Seeks to Recover Unpaid Overtime Wages
----------------------------------------------------------------
Margarite Sampson Brown, on behalf of herself and all those
similarly situated v. Body & Soul Services, Inc., Derenda Flowers
and Sheila Green, Case No. 3:16-cv-00824 (W.D. La., June 10,
2016), seeks to recover unpaid overtime wages and liquidated
damages and reasonable attorney's fees and costs under the Fair
Labor Standards Act.
The Defendants own and operate a company located at 803 Brisco
Avenue Bastrop, LA 71220.
The Plaintiff is represented by:
Jody Forester Jackson, Esq.
Mary Bubbett Jackson, Esq.
JACKSON+JACKSON
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170
Telephone: (504) 599-5953
Facsimile: (888) 988-6499
E-mail: jjackson@jackson-law.net
mjackson@jackson-law.net
BOEHRINGER INGELHEIM: Faces "Hayman" Suit Over Pradaxa(R) Drugs
---------------------------------------------------------------
Patricia Hayman v. Boehringer Ingelheim Pharmaceuticals, Inc., and
Boehringer Ingelheim International GMBH, Case No. HHD-CV-16-
6068963-S (Conn. Super. Ct., June 10, 2016), is an action for
damages suffered by the Plaintiffs as a proximate result of the
Defendant's alleged negligent and wrongful conduct in connection
with the design, testing, and labeling, of Pradaxa(R).
Pradaxa (R) is a direct thrombin inhibitor that is indicated to
reduce the risk of stroke and systemic embolism in patients with
non-valvular atrial fibrillation.
The Defendants operates a pharmaceutical company with its
principal place of business at 900 Ridgebury Road, Ridgefield,
Connecticut 06877.
The Plaintiff is represented by:
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
- and -
Russell T. Abney, Esq.
FERRER, POIROT WANSBROUGH FELLER DANIEL ABNEY & LINVILLE
2100 RiverEdge Parkway, Suite 720
Atlanta, GA 30328
Telephone: (800) 521-4492
Facsimile: 214-526-6026
E-mail: rabney@lawyerworks.com
BOEHRINGER INGELHEIM: Faces "Brewer" Suit Over Pradaxa(R) Drugs
---------------------------------------------------------------
Forrest Brewer v. Boehringer Ingelheim Pharmaceuticals, Inc., and
Boehringer Ingelheim International GMBH, Case No. HHD-CV-16-
6068959-S (Conn. Super. Ct., June 10, 2016), is an action for
damages suffered by the Plaintiffs as a proximate result of the
Defendant's alleged negligent and wrongful conduct in connection
with the design, testing, and labeling, of Pradaxa(R).
Pradaxa (R) is a direct thrombin inhibitor that is indicated to
reduce the risk of stroke and systemic embolism in patients with
non-valvular atrial fibrillation.
The Defendants operates a pharmaceutical company with its
principal place of business at 900 Ridgebury Road, Ridgefield,
Connecticut 06877.
The Plaintiff is represented by:
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
- and -
Russell T. Abney, Esq.
FERRER, POIROT WANSBROUGH FELLER DANIEL ABNEY & LINVILLE
2100 RiverEdge Parkway, Suite 720
Atlanta, GA 30328
Telephone: (800) 521-4492
Facsimile: 214-526-6026
E-mail: rabney@lawyerworks.com
BOEHRINGER INGELHEIM: Faces "Caldwell" Suit Over Pradaxa(R) Drugs
-----------------------------------------------------------------
Delmar Caldwell, Sr. v. Boehringer Ingelheim Pharmaceuticals,
Inc., and Boehringer Ingelheim International GMBH, Case No. HHD-
CV-16-6068960-S (Conn., Super. Ct., June 10, 2016), is an action
for damages suffered by the Plaintiffs as a proximate result of
the Defendant's alleged negligent and wrongful conduct in
connection with the design, testing, and labeling, of Pradaxa(R).
Pradaxa (R) is a direct thrombin inhibitor that is indicated to
reduce the risk of stroke and systemic embolism in patients with
non-valvular atrial fibrillation.
The Defendants operates a pharmaceutical company with its
principal place of business at 900 Ridgebury Road, Ridgefield,
Connecticut 06877.
The Plaintiff is represented by:
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
- and -
Russell T. Abney, Esq.
FERRER, POIROT WANSBROUGH FELLER DANIEL ABNEY & LINVILLE
2100 RiverEdge Parkway, Suite 720
Atlanta, GA 30328
Telephone: (800) 521-4492
Facsimile: 214-526-6026
E-mail: rabney@lawyerworks.com
BOGALUSA COURT: Cert. of Class and Subclass Sought in "Cook" Suit
-----------------------------------------------------------------
Ebony Roberts and Rozzie Scott, two of the Plaintiffs in the
lawsuit titled LATASHA COOK, EBONY ROBERTS, ROZZIE SCOTT, and
ROBERT LEVI v. BOGALUSA CITY COURT and ROBERT J. BLACK, in his
individual and official capacities, Case No. 2:16-cv-11024-ILRL-
MBN (E.D. La.), move to certify these Class and Subclass for
declaratory and/or injunctive relief under Claims One, Two, Three,
Four, and Six of the Complaint:
The Structural Bias Equitable Class: All individuals who
will appear in the Bogalusa City Court for criminal cases or
who have unpaid fines and costs assessed by and owed to the
City Court; and
The Pay Date Equitable Subclass: All individuals who were or
will be adjudicated guilty in the Bogalusa City Court, who
have been or will be given a future date by which to return
to City Court, and who have not paid the assessed fines and
costs in full prior to returning to City Court.
The Plaintiffs' individual and Class and Subclass claims arise
from Defendant Judge Robert J. Black's alleged unconstitutional
policies of:
(1) funding the City Court with court costs and fees collected
from Plaintiffs and other Class members he has adjudicated
as guilty;
(2) forcing Plaintiffs Roberts and Scott and other putative
Subclass members who have not paid their fines and costs
to either pay an illegal $50 extension fee to buy
additional time to pay or jailing them for non-payment,
without adjudicating the willfulness of their non-payment;
and
(3) denying Subclass members their right to counsel when they
are sentenced to default time or monetary penalties.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=72ZDUY3f
The Plaintiffs are represented by:
Ivy Wang, Esq.
SOUTHERN POVERTY LAW CENTER
1055 St. Charles Avenue, Suite 505
New Orleans, LA 70130
Telephone: (504) 228-7279
Facsimile: (504) 486-8947
E-mail: ivy.wang@splcenter.org
- and -
Micah West, Esq.
Samuel Brooke, Esq.
Emily Early, Esq.
Sara Zampierin, Esq.
SOUTHERN POVERTY LAW CENTER
400 Washington Avenue
Montgomery, AL 36104
Telephone: (334) 956-8200
Facsimile: (334) 956-8481
E-mail: micah.west@splcenter.org
samuel.brooke@splcenter.org
emily.early@splcenter.org
sara.zampierin@splcenter.org
CARTER'S RETAIL: Final Approval of "Dudum" Suit Settlement Sought
-----------------------------------------------------------------
The Plaintiffs in the lawsuit titled JULIE DUDUM, ESTELLA GARCIA,
LUNINGNING LUDOVICO, LAKISHA POWELL, and COLUMBA GUTIERREZ,
individually, and on behalf of all other similarly situated
persons, and on behalf of the California Labor and Workforce
Development Agency v. CARTER'S RETAIL, INC.; and DOES 1 to 20,
inclusive, Case No. 3:14-CV-00988 HSG (N.D. Cal.), filed with the
Court their amended unopposed motion for final approval of class
action settlement.
The proposed class action settlement provides monetary benefits to
Class Members. A significant number of Class Members have shown
their support of the settlement, according to the Motion. None of
the Class Member has opted out and, thus, all 463 Class Members
will receive a minimum payment pursuant to the Settlement. These
minimum payouts total an estimated $62,963 of the Net Settlement
Amount, which represents 23.03% of the Net Settlement Amount. In
total, Class Members stand to receive approximately $186,690 or
68.28% of the $273,401 Net Settlement Amount.
Accordingly, the Plaintiffs ask that the Court issue and order:
(1) finally approving the proposed class action settlement in
the case;
(2) finally certifying a settlement class pursuant to
Rule 23 of the Federal Rules of Civil Procedure:
The settlement class is defined as: All current and former
hourly employees of Carter's, Inc., employed within the
State of California from January 27, 2010 through and
including January 15, 2015, and who: (a) received one or
more bonus payments during the class period; and (b)
worked overtime at any point during the class period.
(3) finally approving the appointment of Plaintiffs Julie
Dudum, Estella Garcia, Luningning Ludovico, Lakisha
Powell, and Columba Gutierrez as Class Representatives;
(4) finally approving the appointment of Shea & McIntyre,
A.P.C. and Kletter + Nguyen Law, LLP as Class Counsel;
(5) finally approving the payment of reasonable costs of
administration to Simpluris, Inc. from the Maximum
Settlement Amount, which is estimated at $13,599 and will
be determined after the completion of the administration;
(6) finally approving the Incentive Awards of $5,000 to each
of the five named Plaintiffs;
(7) finally approving payment of $7,012 as an award of
reasonable attorneys' costs;
(8) finally approving payment of $150,488 as an award of
reasonable attorneys' fees;
(9) finally approving a payment of $4,000 to cover penalties
under the Private Attorney General Act;
(10) entering a Final Judgment consistent with the terms of the
Settlement Agreement; and
(11) retaining jurisdiction over the parties to enforce the
terms of the judgment.
The Court will commence a hearing on July 28, 2016, at 2:00 p.m.,
to consider the Motion.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=7FUYq44f
Plaintiffs Julie Dudum and Estella Garcia are represented by:
Cary Kletter, Esq.
Sally Trung Nguyen, Esq.
KLETTER + NGUYEN LAW LLP
1900 S. Norfolk Street, Suite 350
San Mateo, CA 94403
Telephone: (415) 434-3400
E-mail: ckletter@kletterlaw.com
snguyen@kletterlaw.com
Plaintiffs Luningning Ludovico, Lakisha Powell, and Columba
Gutierrez are represented by:
John F. McIntyre, Jr., Esq.
Kevin R. Elliott, Esq.
SHEA & McINTYRE, A P.C.
2166 The Alameda
San Jose, CA 95126-1144
Telephone: (408) 298-6611
Facsimile: (408) 275-0814
E-mail: jmcintyre@sheamcintyre.com
kelliott@sheamcintyre.com
CHASE BANK: "Dezfoli" Suit Removed to Central Dist. California
--------------------------------------------------------------
The class action lawsuit styled Naveed Dezfoli, individually, and
on behalf of all others similarly situated v. Chase Bank USA,
N.A., erroneously sued as JPMorgan Chase Bank, Case No. BC621018,
was removed from the Los Angeles Superior Court to the U.S.
District Court for the Central District of California (Western
Division - Los Angeles). The District Court Clerk assigned Case
No. 2:16-cv-04315 to the proceeding.
The case alleges violation of the Fair Credit Reporting Act.
Chase Bank USA, N.A. s a multinational banking and financial
services holding company headquartered in New York City.
Naveed Dezfoli is a pro se plaintiff.
COACH INC: Removed "Hinkey" Suit to East. District California
-------------------------------------------------------------
The class action lawsuit captioned Cera Hinkey, on behalf of
herself and others similarly situated v. Coach, Inc. and Does 1-
100, inclusive, Case No. 00193020, was removed from the Superior
Court of the State of California for the County of Sacramento to
the U.S. District Court Eastern District of California. The
District Court Clerk assigned Case No. 2:16-cv-01343-JAM-EFB to
the proceeding.
The Complaint alleges violations of the California Unfair
Competition Law.
Coach, Inc. operates a luxury fashion company based in New York
City.
The Plaintiff is represented by:
Gene Joseph Stonebarger, Esq.
Richard David Lambert, Esq.
STONEBARGER LAW
75 Iron Point Circle, Suite 145
Folsom, CA 95630
Telephone: (916) 235-7140
Facsimile: (916) 235-7141
E-mail: gstonebarger@stonebargerlaw.com
rlambert@stonebargerlaw.com
The Defendant is represented by:
Aaron H. Marks, Esq.
Kevin A. Cyrulnik, Esq.
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP
1633 Broadway
New York, NY 10019
Telephone: (212) 506-1700
Facsimile: (212) 506-1800
E-mail: amarks@kasowitz.com
kcyrulnik@kasowitz.com
- and -
Jason S. Takenouchi, Esq.
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP
101 California Street, Suite 2300
San Francisco, CA 94111
Telephone: (415) 421-6140
Facsimile: (415) 398-5030
E-mail: jtakenouchi@kasowitz.com
COLE INTERNATIONAL: "Thompson" Seeks to Recover Unpaid OT Wages
---------------------------------------------------------------
William Thompson, individually and on behalf of all others
similarly situated v. Cole International Tubular Service, LLC,
d/b/a Cole Enterprises International Tubular Service, Case No.
4:16-cv-01671 (S.D. Tex., June 10, 2016), seeks to recover unpaid
overtime wages and other damages under the Fair Labor Standards
Act.
Cole International Tubular Service, LLC provides operators and oil
field services companies with connection and tubular services for
premium casing projects.
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Lindsay R. Itkin, Esq.
Andrew W. Dunlap, Esq.
Jessica M. Bresler, Esq.
FIBICH, LEEBRON, COPELAND BRIGGS & JOSEPHSON
1150 Bissonnet
St. Houston, TX 77005
Telephone: (713) 751-0025
Facsimile: (713) 751-0030
E-mail: mjosephson@fibichlaw.com
litkin@fibichlaw.com
adunlap@fibichlaw.com
jbresler@fibichlaw.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH, P.L.L.C.
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
CONFORMIS INC: Securities Action Pending in Massachusetts
---------------------------------------------------------
ConforMIS, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 13, 2016, for the
quarterly period ended March 31, 2016, that the Company continues
to defend against a securities class action lawsuit in
Massachusetts.
On September 3, 2015, a purported securities class action lawsuit
was filed against the Company, its chief executive officer, and
its chief financial officer in the United States District Court
for the District of Massachusetts. The complaint is brought on
behalf of an alleged class of those who purchased the Company's
common stock in connection with the Company's initial public
offering or on the open market between July 1, 2015 and August 28,
2015, which is referred to as the class period.
On November 2, 2015, two motions were filed on behalf of persons
seeking to be named as lead plaintiff in the litigation. On
November 10, 2015, the Court granted one petition, denied the
other, and set a deadline for lead plaintiff to file a
consolidated amended complaint, which the lead plaintiff filed on
January 11, 2016.
The consolidated amended complaint purports to allege claims
arising under Sections 11 and 15 of the Securities Act of 1933, as
amended, Sections 10(b) and 20(a) of the Securities Exchange Act
of 1934, as amended, and Rule 10b-5 promulgated thereunder,
including allegations that the Company's stock was artificially
inflated during the class period because the defendants allegedly
made misrepresentations or did not make proper disclosures
regarding the Company's manufacturing process prior to the
Company's voluntary recall of specific serial numbers of patient-
specific instrumentation for certain of the Company's knee
replacement product systems.
Specifically, the complaint alleges that statements made during
the class period were false and misleading because the Company's
manufacturing processes purportedly were flawed and, as a result
of such flaws, a number of the Company's knee replacement product
systems were defective. The complaint seeks, among other relief,
certification of the class, unspecified compensatory damages,
interest, attorneys' fees, expert fees and other costs.
The Company believes it has valid defenses to the claims in the
lawsuit, and intends to defend itself vigorously. There can be no
assurance, however, that the Company will be successful. An
adverse outcome of the lawsuit could have a material adverse
effect on the Company's business, financial condition or results
of operations of the Company.
The Company is presently unable to predict the outcome of the
lawsuit or to reasonably estimate a range of potential losses, if
any, related to the lawsuit. Additional complaints also may be
filed against the Company and the Company's directors and officers
related to the Company's voluntary recall of specific serial
numbers of patient-specific instrumentation for the Company's
iUni, iDuo, iTotal CR and iTotal PS knee replacement product
systems.
ConforMIS, Inc. and subsidiaries (the "Company") is a medical
technology company that uses its proprietary iFit Image-to-Implant
technology platform to develop, manufacture and sell joint
replacement implants that are individually sized and shaped, which
the Company refers to as customized, to fit each patient's unique
anatomy.
CONVERGENT OUTSOURCING: Ruppel Seeks Certification of FDCPA Class
-----------------------------------------------------------------
Deborah Ruppel asks the Court to certify a class in the lawsuit
titled Deborah Ruppel, f/k/a Hodge, individually and on behalf of
all others similarly situated v. Convergent Outsourcing, Inc., a
Washington corporation, and Palisades Collection, LLC, a Delaware
limited liability company, Case No. 1:16-cv-03553 (N.D. Ill.).
The complaint was filed on March 24, 2016, alleging that, by
sending a form collection letter to collect a delinquent, time-
barred consumer debt, which failed to identify effectively the
name of the creditor to whom the debt was owed, and which falsely
represented the character, amount or legal status of any debt (by
failing to inform the consumer that neither Palisades Collection
nor the original creditor could sue the consumer or credit report
the debt), the Defendants violated the Fair Debt Collection
Practices Act.
Ms. Ruppel also asks that the Court allow her to represent a class
of all persons similarly situated in the state of Illinois from
whom the Defendants attempted to collect a delinquent, time-barred
consumer debt, allegedly owed for a Chase Manhattan Bank account,
via the same form collection letter, that the Defendants sent to
her, from one year before the date of this Complaint to the
present.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=KPNcxkVQ
The Plaintiff is represented by:
David J. Philipps, Esq.
Mary E. Philipps, Esq.
Angie K. Robertson, Esq.
PHILIPPS & PHILIPPS, LTD.
9760 S. Roberts Road, Suite One
Palos Hills, IL 60465
Telephone: (708) 974-2900
Facsimile: (708) 974-2907
E-mail: davephilipps@aol.com
mephilipps@aol.com
angiekrobertson@aol.com
COUNTRYWIDE FINANCIAL: Sued Over Real Estate Appraisal Policies
---------------------------------------------------------------
Elizabeth Williams, Beckie Reaster, Rebecca Murphy, individually,
and on behalf of all others similarly situated v. Countrywide
Financial Corporation, Countrywide Home Loans, Countrywide Bank,
N.A., Bank of America Corporation, Landsafe, Inc., and Landsafe
Appraisal, Inc., Case No. 2:16-cv-04166-GHK-GJS (C.D. Cal., June
10, 2016), arises out of the scheme perpetrated by the Defendants
to circumvent legal obligations imposed on Countrywide and BofA,
as federally insured and regulated financial institutions, to
perform real estate appraisals in accordance with the strict
ethical and competency rules of the Uniform Standards of
Professional Appraisal Practice ("USPAP"), in connection with the
sale and refinancing of single family homes during the period
January 1, 2003 to December 31, 2008.
Countrywide Financial Corporation, through its subsidiaries
Countrywide Home Loans and Countrywide Bank, was engaged in
mortgage lending.
Bank of America Corporation is a bank holding company with
executive offices is located at 100 N. Tyron Street, Charlotte,
North Carolina.
Landsafe, Inc. and Landsafe Appraisal, Inc. provide loan closing
products and services such as credit reports and appraisals.
The Plaintiff is represented by:
Christopher R. Pitoun, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
301 North Lake Avenue, Suite 203
Pasadena, CA 91101
Telephone: (213) 330-7150
Facsimile: (213) 330-7152
E-mail: christopherp@hbsslaw.com
- and -
Steve W. Berman, Esq.
Thomas E. Loeser, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
toml@hbsslaw.com
DITECH FINANCIAL: Certification of Class Sought in "Smith" Suit
---------------------------------------------------------------
The Plaintiffs in the lawsuit entitled KENNETH AND LINDA SMITH v.
DITECH FINANCIAL, LLC. f/k/a DITECH MORTGAGE CORP, GREEN TREE
SERVICING, LLC, Case No. 4:16-cv-00949-RLW (E.D. Mo.), move for an
order certifying the lawsuit as a class action against Ditech.
Plaintiffs move the Court to certify this class under the Fair
Debt Collection Practices Act:
All persons with a collections account in Defendant's office
who Defendant placed a door hanger on or at their home
within the year immediately preceding the filing of this
class action complaint, in which door hanger, Defendant (1)
failed to include the disclosures required by 15 U.S.C.
Section 1692e(11).
The Plaintiffs also ask the Court to appoint Pontello Law, LLC, as
class counsel, and appoint them as class representatives.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=D8e8z63D
The Plaintiffs are represented by:
Dominic M. Pontello, Esq.
PONTELLO LAW, LLC
5988 Mid Rivers Mall D12, Suite 114
St. Charles, MO 63304
Telephone: (636) 541-7673
Facsimile: (636) 441-6881
E-mail: dominic@pontellolaw.com
DOLGENCORP LLC: "Vega" Class Suit Removed to W.D. Missouri
----------------------------------------------------------
The class action lawsuit entitled Roberto Vega, individually and
on behalf of all others similarly situated v. Dolgencorp L.L.C.
d/b/a Dollar General Corporation, Case No. 5:16-cv-00242, was
removed from the District of California Central to the U.S.
District Court for the Western District of Missouri (Kansas City).
The District Court Clerk assigned Case No. 4:16-cv-00518-GAF to
the proceeding.
Dolgencorp L.L.C. operates retail discount stores throughout the
United States
The Plaintiff is represented by:
Allan Kanner, Esq.
Conlee S. Whiteley, Esq.
Cynthia St Amant, Esq.
KANNER & WHITELEY, LLC
701 Camp Street
New Orleans, LA 70130
Telephone: (504) 524-5777
Facsimile: (504) 524-5763
E-mail: a.kanner@kanner-law.com
c.whiteley@kanner-law.com
c.stamant@kanner-law.com
- and -
Gillian L. Wade, Esq.
Marc Castaneda, Esq.
Sara D. Avila, Esq.
MILSTEIN ADELMAN JACKSON FAIRCHILD AND WADE LLP
10250 Constellation Boulevard Suite 1400
Los Angeles, CA 90067
Telephone: (310) 396-9600
Facsimile: (310) 396-9635
E-mail: gwade@majfw.com
mcastaneda@milsteinadelman.com
savila@majfw.com
The Defendant is represented by:
Richard T. Taylor, Esq.
MCGUIREWOODS LLP
800 East Canal Street
Richmond, VA 92319
Telephone: (804) 775-1182
Facsimile: (804) 225-5409
E-mail: rtaylor@mcguirewoods.com
- and -
A Brooks Gresham, Esq.
MCGUIREWOODS LLP
1800 Century Park East 8th Floor
Los Angeles, CA 90067-1501
Telephone: (310) 315-8200
Facsimile: (310) 315-8210
E-mail: bgresham@mcguirewoods.com
DOLLAR GENERAL: "Brown" Class Suit Transferred to W.D. Missouri
---------------------------------------------------------------
The class action lawsuit captioned Allen Brown, on behalf of
himself and all others similarly situated v. Dollar General
Corporation and DG Retail LLC, Case No. 1:16-cv-00310 was
transferred from the District of Colorado to the U.S. District
Court for the Western District of Missouri (Kansas City). The
District Court Clerk assigned Case No. 4:16-cv-00519-GAF to the
proceeding.
The Defendants operates a chain of variety stores headquartered in
Goodlettsville, Tennessee.
The Plaintiff is represented by:
Allan Kanner, Esq.
Conlee Whiteley, Esq.
Cynthia St Amant, Esq.
KANNER & WHITELEY, LLC
701 Camp Street
New Orleans, LA 70130
Telephone: (504) 524-5777
Facsimile: (504) 524-5763
E-mail: a.kanner@kanner-law.com
c.whiteley@kanner-law.com
c.stamant@kanner-law.com
- and -
Colin W McClain, Esq.
Kevin Daniel Stanley, Esq.
Andrew Kelley Smith, Esq.
HUMPHREY, FARRINGTON, & MCCLAIN, PC
221 West Lexington, Suite 400
P. O. Box 900
Independence, MO 64051
Telephone: (816) 836-5050
Facsimile: (816) 836-8966
E-mail: cwm@hfmlegal.com
kds@hfmlegal.com
aks@hfmlegal.com
The Defendant is represented by:
Richard Trent Taylor, Esq.
MCGUIRE WOODS LLP
800 E. Canal Street
Gateway Plaza
Richmond, VA 23219-5409
Telephone: (804) 775-1000
Facsimile: (804) 225-5409
E-mail: rtaylor@mcguirewoods.com
- and -
Zane Allen Gilmer, Esq.
STINSON LEONARD STREET LLP
6400 South Fiddlers Green Circle, Suite 1900
Greenwood Village, CO 80111
Telephone: (303) 376-8416
Facsimile: (303) 578-7966
E-mail: zane.gilmer@stinsonleonard.com
DOLLAR GENERAL: "Deck" Class Suit Transferred to W.D. Missouri
--------------------------------------------------------------
The class action lawsuit styled Michael Deck and Milton M. Cooke
Jr., individually and on behalf of all others similarly situated
v. Dollar General Corporation d/b/a Dolgencorp of Texas, Inc.,
Case No. 4:15-cv-03680, was transferred from the District of Texas
Southern to the U.S. District Court for the Western District of
Missouri (Kansas City). The District Court Clerk assigned Case No.
4:16-cv-00533-GAF to the proceeding.
Dollar General Corporation operates a chain of variety stores
headquartered in Goodlettsville, Tennessee.
The Plaintiff Michael Deck is represented by:
Cynthia St Amant, Esq.
KANNER & WHITELEY LLC
701 CAMP ST
New Orleans, LA 70130
Telephone: (504) 524-5777
Facsimile: (504) 524-5763
E-mail: c.stamant@kanner-law.com
- and -
David Wilson Pace, Esq.
ATTORNEY AT LAW
707 Omar
Houston, TX 77009
Telephone: (832) 582-5078
E-mail: dpacc63@gmail.com
The Plaintiff is represented by:
Allan Kanner, Esq.
Conlee Schell Whiteley, Esq.
KANNER & WHITELEY, LLC
701 Camp Street
New Orleans, LA 70130
Telephone: (504) 524-5777
Facsimile: (504) 524-5763
E-mail: a.kanner@kanner-law.com
c.whiteley@kanner-law.com
The Defendant is represented by:
Richard Trent Taylor, Esq.
MCGUIRE WOODS LLP
800 East Canal Street
Richmond, VA 23219-4030
Telephone: (804) 775-1182
Facsimile: (804) 225-5409
E-mail: rtaylor@mcguirewoods.com
- and -
Thomas M. Farrell, Esq.
MCGUIREWOODS LLP
600 Travis, Ste 7500
Houston, TX 77002
Telephone: (713) 353-6677
E-mail: tfarrell@mcguirewoods.com
DOLLAR GENERAL: "Taschner" Suit Transferred to W.D. Missouri
------------------------------------------------------------
The class action lawsuit styled James Taschner, on behalf of
himself and all others similarly situated v. Dollar General
Corporation and Dolgencorp L.L.C., Case No. 4:16-cv-00347, was
transferred from the District of Missouri Eastern to the U.S.
District Court Western District of Missouri (Kansas City). The
District Court Clerk assigned Case No. 4:16-cv-00606-GAF to the
proceeding.
The Defendants operate a chain of variety stores headquartered in
Goodlettsville, Tennessee.
The Plaintiff is represented by:
Mitchell M. Breit, Esq
SIMMONS AND HANLY, LLC
112 Madison Ave., 7th FL
New York, NY 10016
Telephone: (212) 784-6422
Facsimile: (212) 213-5949
E-mail: mbreit@simmonsfirm.com
- and -
Sarah S. Burns, Esq.
SIMMONS LAW FIRM
One Court Street
Alton, IL 62002
Telephone: (618) 259-2222
Facsimile: (618) 259-2251
E-mail: sburns@simmonsfirm.com
The Defendant is represented by:
Joy Syrcle
STINSON AND LEONARD LLP
7700 Forsyth Boulevard, Suite 1100
St. Louis, MO 63105
Telephone: (314) 259-4537
Facsimile: (314) 259-3968
E-mail: joy.syrcle@stinsonleonard.com
DOLLAR GENERAL: "Wood" Class Suit Transferred to W.D. Missouri
--------------------------------------------------------------
The class action lawsuit captioned Jason Wood and Roger Barrows,
on behalf of themselves and all others similarly situated v.
Dollar General Corporation and Dolgencorp L.L.C., Case No. 3:16-
cv-00534, was transferred from the District of New York Northern
to the U.S. District Court Western District of Missouri (Kansas
City). The District Court Clerk assigned Case No. 4:16-cv-00607-
GAF to the proceeding.
The Defendants operate a chain of variety stores headquartered in
Goodlettsville, Tennessee.
The Plaintiff is represented by:
Mitchell M. Breit, Esq.
SIMMONS AND HANLY, LLC
112 Madison Ave., 7th FL
New York, NY 10016
Telephone: (212) 784-6422
Facsimile: (212) 213-5949
E-mail: mbreit@simmonsfirm.com
The Defendant is represented by:
Philip A. Goldstein, Esq.
MCGUIRE, WOODS LAW FIRM
1345 Avenue of the Americas, 7th Floor
New York, NY 10105-0106
Telephone: (212) 548-2100
Facsimile: (212) 715-6275
E-mail: pagoldstein@mcguirewoods.com
EL POLLO: Does Not Properly Pay Overtime Wages, "Perez" Suit Says
-----------------------------------------------------------------
Martha Perez, individually and on behalf of other persons
similarly situated v. El Pollo Loco, Inc. and Does 1 through 10,
Case No. BC624001 (Cal. Super. Ct., June 16, 2016), was filed
against the Defendants for failure to: pay employees minimum wages
for all hours worked, to compensate for overtime work, provide
meal periods, provide rest periods, provide proper wage
statements, and pay all wages owed to terminated or separated
employees in a timely manner including vested vacation benefits.
El Pollo Loco, Inc. owns and operates a restaurant in Los Angeles
County, California.
The Plaintiff is represented by:
Zorik Mooradian, Esq.,
Haik Hacopian, Esq.,
LAW OFFICES OF ZORIK MOORADIAN
5023 N. Parkway Calabasas
Calabasas, CA 91302
Telephone: (818) 876-9627
Facsimile: (888) 783-1030
E-mail: zorik@mooradianlaw.com
haik.hacopian@gmail.com
FACEBOOK INC: Court Refuses to Certify Class in Privacy Suit
------------------------------------------------------------
The Hon. Ronald M. Whyte denied the motion for class certification
filed in the case titled In re: Facebook Privacy Litigation, Case
No. 5:10-cv-02389-RMW (N.D. Cal.).
Judge Whyte opined that because the Court finds that
individualized questions will predominate with respect to
Facebook's alleged breach and misrepresentation, the Court denies
the Plaintiffs' motion for class certification.
The Court has also filed an unredacted copy of the Order that is
accessible to case participants only. If either party believes
that the redacted portions of the Order disclose confidential
information, the party must file an administrative motion to file
under seal within 14 days of the order, Judge Whyte said. If
neither party moves to seal any part of the Order within 14 days,
the Order will be made public in its entirety, Judge Whyte noted.
In the Motion, the Plaintiffs move to certify a class of Facebook
users pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of
Civil Procedure. In addition to the Plaintiffs' Motion, there are
several related motions pending before the Court: Facebook's
motion to strike the expert opinion of Forrest Vickery, Facebook's
motion to strike the expert opinion of Edward Pscheidt, and the
Plaintiffs' motion to strike the expert testimony of Matt Jones.
The court heard argument on January 29, 2016.
"Facebook's motion to strike the expert opinion of Edward Pscheidt
is denied as moot because plaintiffs do not rely on Mr. Pscheidt's
opinions. For the reasons explained herein, the court denies
plaintiffs' motion for class certification and plaintiffs' motion
to strike the testimony of Matt Jones. As the court does not
reach the parties' arguments with respect to damages, Facebook's
motion to strike the expert opinions of Forrest Vickery is denied
as moot," according to the Order.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=nraq2DZK
FORD MOTOR: Appeals Ruling in "Edwards" Class Suit to 9th Circuit
-----------------------------------------------------------------
Defendant Ford Motor Company filed an appeal from a court ruling
entered in a proceeding in the lawsuit originally styled Gene
Edwards v. Ford Motor Company, Case No. 3:11-cv-01058-MMA-BLM, in
the U.S. District Court for Southern California, San Diego.
As previously reported in the Class Action Reporter, Ms. Edwards
alleged that Ford violated California's Consumers Legal Remedies
Act and Unfair Competition Law when it sold and serviced 2005-07
Freestyle vehicles without informing customers of a known defect
in the electronic throttle control system that caused the
Freestyles to "surge," or accelerate unexpectedly.
The appellate case is captioned as Gene Edwards v. Ford Motor
Company, Case No. 16-55868, in the United States Court of Appeals
for the Ninth Circuit.
The Plaintiff-Appellee is represented by:
Eric H. Gibbs, Esq.
David K. Stein, Esq.
GIRARD GIBBS LLP
601 California Street
San Francisco, CA 94108
Telephone: (415) 981-4800
E-mail: ehg@classlawgroup.com
ds@classlawgroup.com
- and -
Michael Francis Ram, Esq.
RAM, OLSON, CEREGHINO & KOPCZYNSKI LLP
101 Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: (415) 433-4949
E-mail: mram@rocklawcal.com
The Defendant-Appellant is represented by:
Janet L. Conigliaro, Esq.
DYKEMA GOSSETT PLLC
400 Renaissance Center, 35th floor
Detroit, MI 48243
Telephone: (313) 568-5372
E-mail: jconigliaro@dykema.com
- and -
Krista L. Lenart, Esq.
John Mark Thomas, Esq.
DYKEMA GOSSETT PLLC
2723 South State Street
Ann Arbor, MI 48104
Telephone: (734) 214-7676
E-mail: klenart@dykema.com
jthomas@dykema.com
- and -
Amir Nassihi, Esq.
SHOOK, HARDY & BACON LLP
One Montgomery Tower, Suite 2700
San Francisco, CA 94104
Telephone: (415) 544-1900
E-mail: anassihi@shb.com
FTS USA: Court Rules on Thomas' Objection and Bid to Strike
-----------------------------------------------------------
In the case captioned KELVIN M. THOMAS, et al., Plaintiffs, v. FTS
USA, LLC, et al., Defendants, Civil Case No. 3:13cv825 (E.D. Va.),
Judge Robert E. Payne granted in part and denied, in part, the
plaintiff's objection and motion to strike as follows:
(1) the motion was denied as moot as to the Declaration
of Colin Dougherty;
(2) the motion was granted as to the Declaration of
Lauren Dudley and attachments thereto;
(3) the motion was granted as to the affirmative
defense of venue;
(4) the motion was denied as moot as to the affirmative
defenses of release and accord and satisfaction;
and
(5) the motion was denied as to the affirmative defense
of judicial estoppel.
A full-text copy of Judge Payne's June 24, 2016 memorandum opinion
is available at https://is.gd/38GHie from Leagle.com.
The class action was filed by Kelvin Thomas on December 11, 2013
complaint on behalf of himself and all others similarly situated,
alleging that defendants FTS USA, LLC, and Unitek Global Services,
Inc. had violated the Fair Credit Reporting Act (FCRA). The
complaint alleged four counts under the FCRA.
Kelvin M. Thomas, Plaintiff, represented by Christopher Colt
North, Craig Carley Marchiando -- craig@clalegal.com -- Consumer
Litigation Associates, Lauren K.W. Brennan --
lbrennan@consumerlawfirm.com -- Francis & Mailman PC, pro hac
vice, Leonard Anthony Bennett -- leonard@clalegal.com -- Consumer
Litigation Associates, Susan Mary Rotkis -- susan@clalegal.com --
Consumer Litigation Associates & William Leonard Downing, The
Consumer and Employee Rights Law Firm PC.
FTS USA, LLC, Unitek Global Services, Inc., Defendants,
represented by Christopher Emil Polchin --
cpolchin@foxrothschild.com -- Fox Rothschild LLP, pro hac vice,
Jessica Vasconcellos Haire -- jhaire@foxrothschild.com -- Fox
Rothschild LLP & Colin David Dougherty --
cdougherty@foxrothschild.com -- Fox Rothschild LLP, pro hac vice.
GALENA BIOPHARMA: $9MM in Attorney's Fees Awarded
-------------------------------------------------
In the cases captioned In re GALENA BIOPHARMA, INC. SECURITIES
LITIGATION. In re GALENA BIOPHARMA, INC. DERIVATIVE LITIGATION,
Case No. 3:14-cv-00367-SI (LEAD), Associated case No. 3:14-cv-
00389., 3:14-cv-00410, 3:14-cv-00435, 3:14-cv-00558, Case No.
3:14-cv-00382-SI (LEAD), Associated case No. 3:14-cv-00514-SI.,
3:14-cv-00516-SI, 3:15-cv-01465-SI (D. Or.), Judge Michael H.
Simon granted in part the motions for attorney's fees, expenses,
and incentive awards in both cases.
Plaintiffs in both cases, a securities fraud class action and
related consolidated shareholder derivative actions, who are
shareholders of defendant Galena Biopharma, Inc., alleged that
Galena, certain members of Galena's Board of Directors, and the
executive officers of Galena engaged in a fraudulent scheme to
promote Galena and increase its stock price so that many of
Galena's officers and directors could (and did) sell their
personally-owned Galena stock at artificially high prices, in a
"pump and dump" insider trading scheme. The plaintiffs in the
Securities Action further alleged that non-settling defendants,
The DreamTeam Group LLC and its Managing Member Michael McCarthy,
and Lidingo Holdings, LLC and its Managing Member Kamilla Bjorlin,
participated in the scheme by publishing bullish articles,
comments, blogs, posts, and email blasts, including having authors
publish this material using false aliases and without including
the required disclosures that the authors were being paid by
Galena to try to inflate its stock price.
By separate orders, Judge Simon approved the settlement agreements
in both sets of cases.
Judge Simon also awarded $9 million in total attorney's fees, to
be divided equally between the Securities Action and the
Derivative Action, for an award of attorney's fees in the amount
of $4.5 million in each set of cases. Counsel in the Securities
Action additionally was awarded $112,534.65 for expenses in that
case and counsel in the Derivative Action additionally was awarded
$153,081.02 for expenses in that matter. In addition, the
requested incentive awards were allowed.
A full-text copy of Judge Simon's June 24, 2016 opinion and order
is available at https://is.gd/zVm3Bi from Leagle.com.
Gonzalo Baya, Plaintiff, represented by Leigh R. Handelman Smollar
-- lsmollar@pomlaw.com -- Pomerantz LLP, pro hac vice & Robert S.
Banks, Jr. -- bbanks@samuelslaw.com -- Samuels Yoelin Kantor LLP.
Saul Rosenthal, Plaintiff, represented by Leigh R. Handelman
Smollar, Pomerantz LLP, pro hac vice & Christopher J. Kayser --
cjkayser@larkinsvacura.com -- Larkins Vacura LLP.
Alan Theriault, Plaintiff, represented by Jonathan Horne --
jhorne@rosenlegal.com -- The Rosen Law Firm, pro hac vice & Leigh
R. Handelman Smollar, Pomerantz LLP, pro hac vice.
Mark J. Ahn, Defendant, represented by Jonathan R. Tuttle --
jrtuttle@debevoise.com -- Debevoise & Plimpton LLP, pro hac vice,
Kristen L. Tranetzki -- kristen@angelilaw.com -- Angeli Ungar Law
Group LLC & Scott N. Auby, Debevoise & Plimpton LLP, pro hac vice.
Steven A. Kriegsman, Defendant, represented by Misha A.D. Isaak,
Perkins Coie, LLP & Robert L. Aldisert --
raldisert@perkinscoie.com -- Perkins Coie, LLP.
DreamTeam Group, Michael McCarthy, Defendants, represented by
Jacob S. Frenkel -- jfrenkel@dickinson-wright.com -- Dickinson
Wright PLLC, pro hac vice, Renee Beth Kramer --
rkramer@shulmanrogers.com -- Shulman, Rogers, Gandal, Pordy &
Ecker, P.A., pro hac vice, Russell D. Duncan --
rduncan@shulmanrogers.com -- Shulman, Rogers, Gandal, Pordy &
Ecker, P.A., pro hac vice & Ciaran Patrick Ahern Connelly --
cconnelly@balljanik.com -- Ball Janik, LLP.
Kamilla Bjorlin, Defendant, represented by Edward Gartenberg --
egartenberg@gghslaw.com -- Gartenberg Gelfand Hayton LLP, pro hac
vice.
Lidingo Holdings LLC, Defendant, represented by Edward Gartenberg,
Gartenberg Gelfand Hayton LLP, pro hac vice, Leigh R. Handelman
Smollar, Pomerantz LLP, pro hac vice & Daniel L. Keppler --
keppler@kwar.com -- Kennedy Watts Arellano LLP.
Richard Chin, Rudolph Nisi, Stephen Galliker, Sanford Hillsberg,
Defendants, represented by Misha A.D. Isaak, Perkins Coie, LLP &
Robert L. Aldisert, Perkins Coie, LLP.
Guillaume Stroker, Robert Schacht, Movants, represented by Brian
O. O'Mara -- bomara@rgrdlaw.com -- Robbins Geller Rudman & Dowd
LLP, pro hac vice.
GENERAL MOTORS: Class Certification Granted in "Tolmasoff" Suit
---------------------------------------------------------------
The Hon. George Caram Steeh entered opinion and order in the
lawsuit titled SEAN TOLMASOFF, on behalf of himself and all other
similarly situated v. GENERAL MOTORS, LLC, Case No. 2:16-cv-11747-
GCS-APP (E.D. Mich.):
-- denying in part and granting in part the Plaintiff's motion
for provisional class certification and appointment of
class counsel; and
-- denying the Plaintiff's motion to invalidate releases
solicited by GM and executed by thousands of putative class
members and to enjoin GM from further communicating with
putative class members about the subject matter of the
lawsuit.
The proposed class action is brought by Sean Tolmasoff on behalf
of a proposed class of current and former owners of the 2016
Chevrolet Traverse, the 2016 Buick Enclave, and the 2016 GMC
Acadia. The Plaintiff alleges that GM overstated the fuel economy
ratings of these three vehicles, and he is suing under the
Michigan Consumer Protection Act, the Florida Deceptive and Unfair
Trade Practices Act, and the common-law causes of action of fraud,
negligent misrepresentation, and unjust enrichment.
"In short, class certification under Rule 23(b)(2) would be
improper because Plaintiff's complaint does not contain a plea for
final injunctive or declaratory relief except for a pro forma
request in the "prayer for relief" section of the complaint.
Therefore the Court will not certify Plaintiff's proposed class at
this time," Judge Steeh opined. "The Court will, however,
designate Plaintiff's current counsel of record as interim class
counsel, as requested," Judge Steeh added.
Judge Steeh also explained that the Court will deny in full the
Plaintiff's motion to invalidate because invalidation of all
releases signed thus far by the potential class members, without
even seeking their input, would be an extreme form of relief
unauthorized by Rule 23(d), and enjoining GM from communicating
with potential class members would be inappropriate under Rule
23(d) because the Plaintiff has failed to demonstrate that GM's
communications with the potential class members have been
coercive, misleading, or otherwise abusive.
A copy of the Opinion and Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=GmNsEhYK
GREEN DOT: Sued Over Pre-Paid Debit Card Access Disruptions
-----------------------------------------------------------
Kathleen Crook, individually and on behalf of others similarly
situated v. Green Dot Corporation, Green Dot Bank, Mastercard
Incorporated, and Mastercard International Incorporated, Case No.
2:16-cv-04172 (C.D. Cal., June 9, 2016), arises out of the
extended disruption of consumer access to funds in accounts linked
to the Walmart MoneyCard, a pre-paid debit card issued and
serviced by the Defendants.
The Defendants operate a retail banking company in California.
The Plaintiff is represented by:
Daniel C. Girard, Esq.
Jordan Elias, Esq.
Scott M. Grzenczyk, Esq.
GIRARD GIBBS LLP
601 California Street, 14th Floor
San Francisco, CA 94108
Telephone: (415) 981-4800
Facsimile: (415) 981-4846
E-mail: dcg@girardgibbs.com
je@girardgibbs.com
smg@girardgibbs.com
HEARTLAND DENTAL: Faces "Johnson" Suit Over Failure to Pay OT
-------------------------------------------------------------
Ronica Johnson, on behalf of herself and others similarly situated
v. Heartland Dental, LLC, Case No. 8:16-cv-02154-PJM (D. Md., June
16, 2016), is brought against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standards Act.
Heartland Dental, LLC is the largest dental support organization
in the United States with more than 750 supported dental offices
located in 33 states.
The Plaintiff is represented by:
Brian Joseph Markovitz, Esq.
JOSEPH GREENWALD AND LAAKE PA
6404 Ivy Ln Ste 400
Greenbelt, MD 20770
Telephone: (301) 220-2200
Facsimile: (240) 553-1747
E-mail: bmarkovitz@jgllaw.com
- and -
R. Andrew Santillo, Esq.
WINEBRAKE & SANTILLO, LLC
Twining Office Center, Suite 211
715 Twining Road
Dresher, PA 19025
Telephone: (215) 884-2491
E-mail: asantillo@winebrakelaw.com
HG STAFFING: Faces "Ramirez" Suit Over Failure to Pay Overtime
--------------------------------------------------------------
Antonio Ramirez, Hillary Baker, Radd Bates, Claire Berry, Brigitte
Bliss, Frances Bolin, Esperanza Buehrle, Patrick Bukowski, Lizeth
Cardenas-Ramos, Todd Carns, Tiffany Carter, Jessica Clay, Jacklyn
Curry, Maria Ducker, David Duran, Melvin English, Jay Eyer, Levi
Feuerherm, Diana Flores, Fernando Garcia, Matthew Geis, Nicole
Gildea, Andrew Gnagy, Alfred Goranson, Keanu Govan, Staci Greeson,
Marilyn Hall, Brett Henderson, Ebony Holmes, Patricia Hughes,
Ashlie Jones, Sarah Jones, Gerald Larson Iii, Christopher
Lombardo, Kevin Long, Terry Marhanka, Mary Marshall, Eddy Martel-
Rodriguez, Christina Martin, Bonnie Massa, Christina Mccoy,
Frances Meager, Kiel Moore, Robert Morgan, Louise Ndolo-Hermann,
Melissa Nehrbass, Inez Niegemann, Stacey Ornelas, Nancy Pallas,
David Papaleo, Sean Park, Jayne Parton, Maria Pelaez-Rojas, Arturo
Pineda, Beverly Powers, Heather Ramirez, Joa Records, Adam Reigle,
Crystelle Rife, Gloria Robotham, Marlene Sanchez, Jacqueline
Sanchez (Provencio), Brandon Schultz, Paul Schultz, Nicole
Seuffert, Trena Smith, Michael Stevens, Darlene Vance, Emily
Vandrielen, Esperanza Vasquez, Celene Vasquez, Maria Veslazquez-
Desed, Michael Walls, Andrew Werth, Karla Woolley, and Melvin
Xitumul, on behalf of themselves and all others similarly situated
v. HG Staffing, LLC, MEI-GSR Holdings LLC d/b/a Grand Sierra
Resort, and Does 1 through 50, inclusive, Case No. 3:16-cv-00318
(D. Nev., June 10, 2016), is brought against the Defendants for
failure to pay overtime wages in violation of the Fair Labor
Standards Act.
HG Staffing, LLC operates an employment agency located at 2500
East Second Street, Reno, NV 89585.
MEI-GSR Holdings LLC operates a hotel located at 200 East Second
Street, Reno, NV 89585.
The Plaintiff is represented by:
Mark R. Thierman, Esq.
Joshua D. Buck, Esq.
Leah L. Jones, Esq.
THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
Telephone: (775) 284-1500
Facsimile: (775) 703-5027
E-mail: mark@thiermanbuck.com
josh@thiermanbuck.com
leah@thiermanbuck.com
ICE HOUSE: Faces "Zajac" Suit Over Failure to Pay Overtime Wages
----------------------------------------------------------------
Lauren Zajac, on behalf of herself and all others similarly
situated v. Ice House on Bohicket LLC d/b/a Red's Ice House, Cecil
Crowley, Dianne Crowley, and John Does 1-10, Case No. 2:16-cv-
01869-PMD (D.S.C., June 30, 2016), is brought against the
Defendants for failure to pay overtime wages in violation of the
Fair Labor Standards Act.
The Defendants own and operate a restaurant located at 1882 Andell
Bluff Blvd., Johns Island, SC 29455.
The Plaintiff is represented by:
Bruce E. Miller, Esq.
BRUCE E MILLER LAW OFFICE
147 Wappoo Creek Drive, Suite 603
Charleston, SC 29412
Telephone: (843) 579-7373
E-mail: bmiller@brucemillerlaw.com
IDI INC: Faces "Furman" Suit Over Misleading Financial Reports
--------------------------------------------------------------
Dario Furman, on behalf of himself and all other similarly
situated stockholders of IDI, Inc. v. Michael H. Brauser, Phillip
Frost, Steven D. Rubin, Derek Dubner, Ryan Schulke, Robert Fried,
Peter Benz, Robert Swayman, Donald Mathis, and IDI, Inc., Case No.
12446 (Del. Ch. Ct., June 10, 2016), alleges that the Defendants
made false and misleading statements, as well as failed to
disclose material adverse facts about the Company's business,
operations, and prospects.
IDI, Inc. is a data and analytics company providing information
and marketing solutions to businesses in a range of industries.
The Plaintiff is represented by:
Peter B. Andrews, Esq.
Craig J. Springer, Esq.
David M. Sborz, Esq.
ANDREWS & SPRINGER, LLC
3801 Kennett Pike
Building C, Suite 305
Wilmington, DE 19807
Telephone: (302) 504-4967
Facsimile: (302) 397-2681
E-mail: pandrews@andrewsspringer.com
cspringer@andrewsspringer.com
dsborz@andrewsspringer.com
- and -
Jeremy Friedman, Esq.
Spencer Oster, Esq.
David Tejtel, Esq.
FRIEDMAN OSTER & TEJTEL PLLC
240 East 79th Street, Suite A
New York, NY 10075
Telephone: (888) 529-1108
E-mail: jfriedman@fotpllc.com
soster@fotpllc.com
dtejtel@fotpllc.com
IDENTIV INC: Court Stays "Chopra" Lawsuit
-----------------------------------------
Identiv, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 13, 2016, for the
quarterly period ended March 31, 2016, that the court in the
Chopra lawsuit has entered an order staying proceedings in the
Chopra lawsuit in favor of the Oswald lawsuit.
On December 16, 2015, the Company and certain of its present and
former officers and directors were named as defendants in a
putative class action lawsuit filed in the United States District
Court for the Northern District of California, entitled Rok v.
Identiv, Inc., et al., Case No. 15-cv-05775, alleging violations
of Section 10(b) of the Exchange Act of 1934 and Rule 10b-5
promulgated thereunder and Section 20(a) of the Exchange Act of
1934.
On May 3, 2016, the court-appointed lead plaintiff Thomas
Cunningham in the Rok lawsuit filed an amended complaint and a
notice of dismissal without prejudice of all current or former
officers and directors other than Jason Hart and Brian Nelson. In
addition, three shareholder derivative actions were filed between
January and February 2016.
On January 1, 2016, certain of the Company's present and former
officers and directors were named as defendants, and the Company
was named as nominal defendant, in a shareholder derivative
lawsuit filed in the United States District Court for the Northern
District of California, entitled Oswald v. Humphreys, et al., Case
No. 16-cv-00241-JCS, alleging breach of fiduciary duty and abuse
of control claims.
On January 25, 2016, certain of the Company's present and former
officers and directors were named as defendants, and the Company
was named as nominal defendant, in a shareholder derivative
lawsuit filed in the Superior Court of the State of California,
County of Alameda, entitled Chopra v. Hart, et al., Case No.
RG16801379, alleging breach of fiduciary duty claims.
On February 9, 2016, certain of the Company's present and former
officers and directors were named as defendants, and the Company
was named as nominal defendant, in a shareholder derivative
lawsuit filed in the Superior Court of the State of California,
County of Alameda, entitled Wollnik v. Wenzel, et al., Case No.
HG16803342, alleging breach of fiduciary duty, corporate waste,
gross mismanagement, and unjust enrichment claims. These lawsuits
generally allege that the Company made false and/or misleading
statements and/or failed to disclose information in certain public
filings and disclosures between 2013 and 2015. Each of the
lawsuits seeks one or more of the following remedies: unspecified
compensatory damages, unspecified exemplary or punitive damages,
restitution, declaratory relief, equitable and injunctive relief,
and reasonable costs and attorneys' fees.
On May 2, 2016, the court in the Chopra lawsuit entered an order
staying proceedings in the Chopra lawsuit in favor of the Oswald
lawsuit, based on a stipulation to that effect filed by the
parties in the Chopra lawsuit on April 28, 2016.
The Company intends to vigorously defend against these lawsuits.
The Company cannot currently predict the impact or resolution of
each of these lawsuits or reasonably estimate a range of possible
loss, if any, which could be material, and the resolution of these
lawsuits may harm its business and have a material adverse impact
on its financial condition.
Identiv is a global security technology company that secures data,
physical places and things.
INDIANA GENERAL: Faces "Wolfe" Suit Over Civil Rights Violation
---------------------------------------------------------------
Kenneth George Wolfe, in his personal capacity and on behalf of
those similarly situated v. Indiana General Assembly, in their
official and individual capacity, Case No. 2:16-cv-00227-JMS-DKL
(S.D. Ind., June 16, 2016), is brought against the Defendant for
Civil Rights violation.
Indiana General Assembly is the state legislature, or legislative
branch, of the state of Indiana.
Kenneth George Wolfe is a pro se plaintiff.
ISLAND WAY: Fails to Pay Employees Overtime, "Parker" Suit Says
---------------------------------------------------------------
Jeremy Parker, Michael Byer, Robert Kocielko, individually and on
behalf of those similarly situated v. Island Way Towers, LLC, The
Hembree Group, Inc., and Greg Hembree, Case No. 8:16-cv-01589-MSS-
MAP (M.D. Fla., June 16, 2016), is brought against the Defendants
for failure to pay overtime wages for work in excess of 40 hours
in each workweek.
The Defendants operate a condominium complex located at 223 Island
Way, Clearwater, FL 33767.
The Plaintiff is represented by:
Ryan D. Barack, Esq.
Michelle Erin Nadeau, Esq.
KWALL, SHOWERS, BARACK & CHILSON, P.A.
133 North Fort Harrison Avenue
Clearwater, FL 33755
Telephone: (727) 441-4947
Facsimile: (727) 447-3158
E-mail: rbarack@ksbclaw.com
mnadeau@ksbclaw.com
ISS FACILITY: Wins Bid to Arbitrate Claims in "Sweet" Class Suit
----------------------------------------------------------------
The Hon. Steven D. Merryday granted ISS Facility Services, Inc.'s
motion to compel arbitration of Curtis Lamar Sweet's claims in the
lawsuit entitled CURTIS LAMAR SWEET, et al. v. ISS FACILITY
SERVICES, INC., Case No. 8:15-cv-2849-T-23TBM (M.D. Fla.).
"Because Sweet's claims are 'referable to arbitration,' ISS
Facility's motion (Doc. 16) to compel arbitration is GRANTED, and
this action is STAYED pending completion of Sweet's arbitration.
The clerk is directed to administratively close the case,"
Merryday said. "Within a week after the day Sweet and ISS
Facility receive the arbitral decision, Sweet must move to re-open
the case and to lift the stay," Judge Merryday added.
Judge Merryday also denied without prejudice motion for class
certification.
Curtis Lamar Sweet and Brice Griffin sue ISS Facility and argue
that ISS Facility denied employment to each Plaintiff based on a
consumer report obtained in violation of the Fair Credit Reporting
Act.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=CZzEBljo
JUI LI ENTERPRISE: Court Certifies Class in Fond Du Lac Suit
------------------------------------------------------------
Judge Lynn Adelman granted the plainitffs' motion to certify class
in the case captioned FOND DU LAC BUMPER EXCHANGE, INC., on Behalf
of itself and others similarly situated, Plaintiff, v. JUI LI
ENTERPRISE COMPANY, LTD., et al., Defendants. DZIDRA FULLER, et
al., Plaintiffs, v. JUI LI ENTERPRISE COMPANY, LTD., et al.,
Defendants. FIREMAN'S FUND INSURANCE, CO., on Behalf of itself and
others similarly situated, Plaintiff, v. JUI LI ENTERPRISE
COMPANY, LTD., et al., Defendants. NATIONAL TRUCKING FINANCIAL
RECLAMATION SERVICES LLC, on behalf of itself and others similarly
situated, Plaintiff, v. JUI LI ENTERPRISE COMPANY, LTD., et al.,
Defendants, Case Nos. 09-cv-0852, 13-cv-0946, 13-cv-0987, 13-cv-
1061 (E.D. Wis.).
Judge Adelman, however, denied the parties' motions to
seal/motions to restrict and the direct plaintiffs' motion to
seal. The relevant documents shall be made publicly available.
Judge Adelman also denied without prejudice Jui Li's motion to
compel.
A full-text copy of Judge Adelman's June 24, 2016 decision and
order is available at https://is.gd/vhfonZ from Leagle.com.
The defendants in the antitrust case are manufacturers of
aftermarket automotive sheet metal parts. The plaintiffs alleged
that the defendants conspired to fix, raise, maintain, and
stabilize the prices of aftermarket sheet metal parts in violation
of The Sherman Act.
Fond du Lac Bumper Exchange Inc, Plaintiff, represented by Andrew
M. Purdy -- apurdy@saverilawfirm.com -- Joseph Saveri Law Firm,
Benjamin D. Brown -- bbrown@cohenmilstein.com -- Cohen Milstein
Hausfeld & Toll, Christopher M. Burke -- cburke@scott-scott.com --
David W. Mitchell -- davidm@rgrdlaw.com -- Robbins Geller Rudman &
Dowd LLP, Dean M. Harvey, Lieff Cabraser Heimann & Bernstein LLP,
Douglas A. Millen -- dmillen@fklmlaw.com -- Freed Kanner London &
Millen LLC, Eric B. Fastiff -- efastiff@lchb.com -- Lieff Cabraser
Heimann & Bernstein LLP, Jason S. Hartley --
hartley@stuevesiegel.com -- Stueve Siegel Hanson LLP, Jason A.
Zweig -- jasonz@hbsslaw.com -- Hagens Berman Sobal Shapiro LLP,
Jeffrey A. Leon -- jeff@qulegal.com -- Quantum Legal LLC, Jessica
N. Servais -- jservais@heinsmills.com -- Heins Mills & Olson PLC,
Jon T. King, The Furth Firm LLP, Joseph M. Barton, Law Offices of
Joseph M. Barton, Joseph R. Saveri -- jsaveri@saverilawfirm.com --
Joseph Saveri Law Firm, K. Scott Wagner, Wagner Law Group SC,
Kevin E. Rayhill -- krayhill@saverilawfirm.com -- Joseph Saveri
Law Firm, Michael P. Lehmann -- mlehmann@hausfeld.com -- Hausfeld
LLP, Patrick J. Stueve, Stueve Siegel Hanson LLP, Robert G.
Eisler, Grant & Eisenhofer PA, Susan G. Kupfer, Glancy Binkow &
Goldberg LLP & Vincent J. Esades, Heins Mills & Olson PLC.
Roberts Wholesale Body Parts Inc, Plaintiff, represented by
Christopher M. Burke, David W. Mitchell, Robbins Geller Rudman &
Dowd LLP, Douglas A. Millen, Freed Kanner London & Millen LLC,
Eric B. Fastiff, Lieff Cabraser Heimann & Bernstein LLP, Jason S.
Hartley, Stueve Siegel Hanson LLP, Jason A. Zweig, Hagens Berman
Sobal Shapiro LLP, Jeffrey A. Leon, Quantum Legal LLC, Jessica N.
Servais, Heins Mills & Olson PLC, Jon T. King, The Furth Firm LLP,
Joseph M. Barton, Law Offices of Joseph M. Barton, Joseph R.
Saveri, Joseph Saveri Law Firm, K. Scott Wagner, Wagner Law Group
SC, Michael P. Lehmann, Hausfeld LLP, Patrick J. Stueve, Stueve
Siegel Hanson LLP, Rachel L.B. Stoering, Susan G. Kupfer, Glancy
Binkow & Goldberg LLP & Vincent J. Esades, Heins Mills & Olson
PLC.
Fireman's Fund Insurance Company, Consolidated Plaintiff,
represented by Derek G. Howard, Howard Law Firm, Kevin P. Caraher,
Cozen O'Connor, Ben Barnow, Catherine R. Reilly, Cozen O'Connor,
Daniel R. Karon, Goldman Scarlato Karon & Penny PC, Danielle C.
Morello, Cozen O'Connor, Erich P. Schork & Ronald F. Wick, Cozen
O'Connor.
National Trucking Financial Reclamation Services LLC, Consolidated
Plaintiff, represented by Ben Barnow, Michael L. Roberts, Roberts
Law Firm PA & Erich P. Schork.
Jui Li Enterprise Company Ltd, Defendant, represented by Alfredo
A. Bismonte, Beck Bismonte & Finley LLP, Jeremy M. Duggan, Beck
Bismonte & Finley LLP, Justin T. Beck, Beck Bismonte & Finley LLP
& Ronald C. Finley, Beck Bismonte & Finley LLP.
Tong Yang Industry Co Ltd, Defendant, TYG Products LP,
Consolidated Defendant, represented by Yi Chin Ho, Kirkland &
Ellis LLP.
Gordon Auto Body Parts, Defendant, represented by Howard B. Iwrey,
Dykema Gossett PLLC, J. Ric Gass, Gass Weber Mullins LLC, Michael
B. Brennan, Gass Weber Mullins LLC & Yi Chin Ho, Kirkland & Ellis
LLP.
Auto Parts Industrial Ltd, Defendant, Cornerstone Auto Parts LLC,
Consolidated Defendant, represented by Cindy D. Hinkle, Buchanan
Ingersoll & Rooney PC, Gretchen L. Jankowski, Buchanan Ingersoll &
Rooney PC, Lynn J. Alstadt, Buchanan Ingersoll & Rooney PC
&Wendelynne J. Newton, Buchanan Ingersoll & Rooney PC.
Gordon Auto Body Parts Co Ltd, Consolidated Defendant, represented
by J. Ric Gass, Gass Weber Mullins LLC, Michael B. Brennan, Gass
Weber Mullins LLC & Yi Chin Ho, Kirkland & Ellis LLP.
Roberts Wholesale Body Parts Inc, Movant, represented by Jason S.
Hartley, Stueve Siegel Hanson LLP, Jessica N. Servais, Heins Mills
& Olson PLC, K. Scott Wagner, Wagner Law Group SC & Vincent J.
Esades, Heins Mills & Olson PLC.
Mitchell International Inc, Movant, represented by Kevin C.
Pollard, Buelow Vetter Buikema Olson & Vliet LLC.
KAUFMAN ENGLETT: Cadwell Seeks Certification of Consumer Classes
----------------------------------------------------------------
The Plaintiff in the lawsuit styled LOYD P. CADWELL, Individually
and on behalf of All Others Similarly Situated v. KAUFMAN, ENGLETT
& LYND, PLLC, Case No. 6:16-cv-00662-PGB-KRS (M.D. Fla.), seeks
certification of these class of consumers:
(a) The Class Member retained KEL using the "Bankruptcy
Chapter 7 Retainer Agreement" or a substantially similar
document with the intent of filing of a Chapter 7 case
in the Middle District of Florida;
(b) KEL collected Chapter 7 retainer fees from the
prospective assisted person or assisted person through
the charging of a credit/charge card which caused the
prospective assisted person or assisted person to incur
more debt prior to the potential filing of the
Chapter 7; and
(c) The Class would include any prospective assisted person
or assisted person who signed a "Bankruptcy Chapter 7
Retainer Agreement" within four (4) years preceding the
filing of the original Complaint in this proceeding
through the date this Court issues an Order Approving
Class Notice.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=68iut7HL
The Plaintiff is represented by:
Bryan K. Mickler, Esq.
LAW OFFICES OF MICKLER & MICKLER, LLP
5452 Arlington Expressway
Jacksonville, FL 32211
Telephone: (904) 725-0822
Facsimile: (904) 725-0855
E-mail: bkmickler@planlaw.com
The Defendant is represented by:
Adam C. Herman, Esq.
MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN, P.A.
Landmark Center One
315 E. Robinson Street, Suite 550
Orlando, FL 32801-2719
E-mail: acherman@mdwcg.com
KELLY SERVICES: Dolemba Seeks to Certify Two TCPA & ICFA Classes
----------------------------------------------------------------
Herminia Dolemba asks that the Court enter an order determining
that the action captioned HERMINIA DOLEMBA, on behalf of plaintiff
and the class defined below v. KELLY SERVICES, INC., and JOHN DOES
1-10, Case No. 1:16-cv-04971 (N.D. Ill.), may proceed as a class
action against defendant Kelly Services, Inc.
The Plaintiff alleges violation of the Telephone Consumer
Protection Act and Illinois Consumer Fraud Act. The classes the
Plaintiff seeks to represent are defined as:
Class A: The class consists of (a) all persons (b) who, on
or after a date four years prior to the filing of
this action (28 U.S.C. Section 1658), and on or
before a date 20 days following the filing of this
action, (c) received calls from defendants on their
cell phones, (d) placed using an automated dialer or
a prerecorded or artificial voice (e) and who either
(i) had no communications with Kelly Services, Inc.
for 3 years prior to the time the calls were
received, or such other time that Kelly Services,
Inc. keeps employment applications active, or (ii)
received calls for types of jobs other than those
applied for.
Class B: The class consists of (a) all persons with phone
numbers in the Illinois area codes (b) who, on or
after a date three years prior to the filing of this
action, and on or before a date 20 days following the
filing of this action, (c) received calls from
defendant on their cell phones, (d) placed using an
automated dialer or a prerecorded or artificial voice
(e) and who either (i) had no communications with
Kelly Services, Inc. for 3 years prior to the time
the calls were received, or such other time that
Kelly Services, Inc. keeps employment applications
active, or (ii) received calls for types of jobs
other than those applied for.
Ms. Dolemba further asks 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=k3P2EELV
The Plaintiff is represented by:
Daniel A. Edelman, Esq.
Cathleen M. Combs, Esq.
James O. Latturner, Esq.
Heather Kolbus, Esq.
Michelle A. Alyea, 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
ccombs@edcombs.com
jlatturner@edcombs.com
KILLION & SONS: Certification of Class Sought in "Baughman" Suit
----------------------------------------------------------------
The Plaintiff in the lawsuit captioned SETH BAUGHMAN, individually
and on behalf of others similarly situated v. KILLION & SONS WELL
SERVICE, INC., Case No. 2:15-cv-01143CB (W.D. Pa.), moves the
Court to enter an order granting conditional certification of this
class under the Fair Labor Standards Act:
All present or former field employees of Defendants Killion
& Sons Well Service, Inc., including but not necessarily
limited to "pumpers" and "well tenders" in the United States
who, during the three years prior to the commencement of
this action to the present were subject to the Killion &
Sons Well Service, Inc. Payroll Policy and practices related
thereto.
Mr. Baughman also asks the Court to appoint him as class
representative, to appoint his counsel as class counsel, and to
allow issuance of class notice.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=sVFiFw7S
The Plaintiff is represented by:
Michael D. Simon, Esq.
Adrian N. Roe, Esq.
ROE & SIMON LLC
The Frick Building, Suite 200
437 Grant Street
Pittsburgh, PA 15219
Telephone: (412) 434-8187
E-mail: mdsimon20@msn.com
aroe@roelawoffice.com
- and -
James J. Brink, Esq.
BRINK LAW OFFICES, P.C.
428 Forbes Ave., Suite 555
Pittsburgh, PA 15219
Telephone: (412) 227-0961
E-mail: jbrink@jamesbrinklaw.com
- and -
Steven C. Townsend, Esq.
EDDY DELUCA GRAVINA & TOWNSEND
564 Forbes Ave., Penthouse
Pittsburgh, PA 15219
Telephone: (412) 281-5336
E-mail: stownsend@pghlaw.com
KNIGHT OIL: Seeks Approval of Settlement in "Provost" Class Suit
----------------------------------------------------------------
The parties in the lawsuit styled RUSTY PROVOST, individually and
on behalf of others similarly situated v. KNIGHT OIL TOOLS, LLC,
Case No. 6:15-cv-02059-RFD-PJH (W.D. La.), jointly seek the
Court's approval of their stipulation and proposed scheduling
order.
Rusty Provost and Knight Oil have entered into the Joint
Stipulation to memorialize their agreements for a temporary stay
of formal discovery and for conditional certification of the
Action as a collective action under Section 16(b) of the Fair
Labor Standards Act.
The Plaintiff, a former worker of Knight Oil, and its affiliated
division Knight Fishing Services filed the Case under the Fair
Labor Standards Act. He alleges that the Defendant improperly
classified him as an exempt employee, who was not required to be
paid overtime compensation pursuant to the FLSA, instead of an
employee, who is required to receive overtime compensation. The
Plaintiff seeks to represent a class of allegedly similarly
situated workers.
Under the terms of the Parties' Stipulation, the Defendant will
consent to the Court's entering a Consent Order conditionally
certifying this matter as a collective action for the exclusive
purpose of litigating the class's claims that they were improperly
classified as exempt employees and denied overtime pay for hours
worked each seven day work period in excess of 40.
The Defendant's consent to the Plaintiff's motion for conditional
certification is made without prejudice to its right later to
argue that the Plaintiff and any opt-in Plaintiffs are not
"similarly situated" under applicable law. The Defendant does
not, by consenting to the Plaintiff's Motion, admit that the
Plaintiff or any opt-in Plaintiffs are "similarly situated."
The Parties acknowledge that the Defendant intends to file a
Motion to Decertify the Class, as provided for in any Scheduling
Order entered by the Court, if this matter is not resolved by
agreement after the expiration of the discovery period which will
follow the stay of this matter which is agreed to herein.
The Opt-In Class will consist of all current and former Knight Oil
Tools, LLC employees, who worked as dispatchers in the Knight
Fishing Services Division in the State of Louisiana and who were
classified as exempt during the period of time starting three
years prior to the date upon which the Court conditionally
certifies the class.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=038Y4CvG
The Plaintiff is represented by:
Kenneth D. St. Pe, Esq.
THE LAW OFFICES OF KENNETH D. ST. PE
311. W. University Avenue, Suite A
Lafayette, LA 70506
Telephone: (337) 534-4043
The Defendant is represented by:
Greg Guidry, Esq.
OGLETREE, DEAKINS, NASH, SMOAK, STEWART, P.C.
603 Silverstone Road, Suite 102A
Lafayette, LA 70508
Telephone: (337) 769-6583
E-mail: greg.guidry@ogletreedeakins.com
KOHL'S CORP: Bid to Dismiss "Murillo" Suit Denied
-------------------------------------------------
In the case captioned MIGUEL MURILLO, MICHAEL BAEHMAN, and BONNIE
BAEHMAN, on Behalf of Themselves and All Similar Situated,
Plaintiffs, v. KOHL'S CORPORATION and KOHL'S DEPARTMENT STORES,
INC., Defendants, Others Case No. 16-CV-196-JPS (E.D. Wis.), Judge
J.P. Stadtmueller denied the defendants' motion to dismiss the
amended complaint.
Judge Stadtmueller found that the plaintiffs (1) adequately pled
their claim under the Wisconsin Deceptive Trade Practices Act; (2)
may proceed on their unjust enrichment theory given the
potentially unenforceable nature of their purchase contracts; (3)
at this time, have statutory standing to pursue their multi-state
claim; and (4) maintain an "actual" controversy with the
defendants for the purpose of the declaratory judgment claim.
A full-text copy of Judge Stadtmueller's June 24, 2016 order is
available at https://is.gd/tgiRfy from Leagle.com.
The suit was filed on February 18, 2016 against Kohl's Corporation
and Kohl's Department Stores for purportedly engaging in a
nationwide marketing scheme that is untrue, deceptive, and
misleading to consumers.
Miguel Murillo, Michael Baehman, Bonnie Baehman, Plaintiffs,
represented by Andrea Farah -- afarah@scott-scott.com -- Scott
Scott LLP, E. Kirk Wood, Wood Law Firm LLC, Erin G. Comite --
ecomite@scott-scott.com -- Gary F. Lynch --
glynch@carlsonlynch.com -- Carlson Lynch Sweet Kipela & Carpenter
LLP, Joseph Pettigrew -- jpettigrew@scott-scott.com -- Karen
Hanson Riebel -- khriebel@locklaw.com -- Lockridge Grindal Nauen
PLLP & Joseph P. Guglielmo -- jguglielmo@scott-scott.com -- Scott
Scott LLP.
Kohl's Corporation, Kohl's Department Stores Inc, Defendants,
represented by David R. Konkel -- dkonkel@gklaw.com -- Godfrey &
Kahn SC, John L. Kirtley -- jkirtley@gklaw.com -- Godfrey & Kahn
SC & Matthew M. Wuest -- mwuest@gklaw.com -- Godfrey & Kahn SC.
LAKE1925: Sued in Cal. Over Failure to Make Unit Defects Repair
---------------------------------------------------------------
Xochitl Gonzalez, Larissa Castellanos, Damian Zamora, Gustavo
Castellanos, Adon'jovel Ferrer, Gerardo Castellanos, a minor, by
and through his Guardian ad Litem Martha Shehadeh, and Aaliyah
Ferrer, a minor, by and through her Guardian ad Litem Martha
Shehadeh v. Lake1925, LP, Jerald Udinsky, individually and as
Trustee of the Udinsky Family Trust, Bing Udinsky, individually
and as Trustee of the Udinsky Family Trust, Happy Home Partners,
LLC, Happy Home Properties, Christina Sheward, Reginald Hairston
and Does 1-30, Case No. RG16818996 (Cal. Super. Ct., June 10,
2016), is brought on behalf of the tenants who suffered emotional
distress, physical injury, over-payment of rent, and out-of-pocket
expenses as a result of the Defendants' failure and refusal to
make repairs of the habitability defects to the subject premises.
The Defendants own and operate a real estate agency doing business
in the County of Alameda, California.
The Plaintiff is represented by:
Andrew Wolff, Esq.
Chris Beatty, Esq.
LAW OFFICES OF ANDREW WOLFF, PC
1970 Broadway, Ste. 210
Oakland, CA 94612
Telephone: (510) 834-3300
Facsimile: (510) 834-3377
E-mail: andrew@awolfflaw.com
chris@awolfflaw.com
LEXINGTON GRUPPE: Has Made Unsolicited Calls, "Alan" Suit Claims
----------------------------------------------------------------
Jason Alan, individually and on behalf of all others similarly
situated v. Lexington Gruppe Inc., Ameet Andhari, and Does
inclusive and each of them, Case No. 8:16-cv-01075-AG-KES (C.D.
Cal., June 9, 2016), seeks to stop the Defendants' practice of
using an artificial and prerecorded voice to deliver a message
without prior express consent of the called party.
The Defendants operate an office furniture store headquartered at
380 Union St, West Springfield, MA 01089.
The Plaintiff is represented by:
Adrian Robert Bacon, Esq.
Todd M. Friedman, Esq.
LAW OFFICES OF TODD FRIEDMAN PC
324 South Beverly Drive Suite 725
Beverly Hills, CA 90212
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
E-mail: abacon@toddflaw.com
tfriedman@toddflaw.com
LIFE CARE CENTERS: Court Certifies BOMs Class in "Robinson" Suit
----------------------------------------------------------------
The Hon. Vanessa D. Gilmore entered an order in the lawsuit
entitled BETH ROBINSON v. LIFE CARE CENTERS OF AMERICA, Case No.
4:15-cv-03675 (S.D. Tex.), granting the Plaintiff's motion to
certify a class of "all individuals who, at any point, during the
past three (3) years prior to the filing of this lawsuit, worked
for Defendant Life Care as Business Office Managers."
The Plaintiff's motion for class notice is granted in part. The
Court directed the parties to modify the proposed notice according
to the Court's instructions. The Defendant's objections to the
proposed notice are sustained.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=PbaTpjhn
MARTIN AVENUE: Podiatry In Motion Seeks to Certify Three Classes
----------------------------------------------------------------
Podiatry In Motion, Inc., asks the Court to enter an order
determining that the action styled PODIATRY IN MOTION, INC., on
behalf of plaintiff and the class members defined herein v. MARTIN
AVENUE PHARMACY, INC., and JOHN DOES 1-10, Case No. 1:16-cv-06556
(N.D. Ill.), may proceed as a class action against Martin Avenue.
The Plaintiff defines the classes as:
For purposes of Count I, alleging violation of the Telephone
Consumer Protection Act, 47 U.S.C. Section 227, plaintiff
seeks to represent a class consisting of (a) all persons,
(b) who, on or after a date four years prior to the filing
of this action (28 U.S.C. Section 1658), (c) were sent faxes
by or on behalf of defendant Martin Avenue Pharmacy, Inc.,
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.
For purposes of Count II, alleging violation of the Illinois
Consumer Fraud Act, 815 ILCS 505/2, plaintiff seeks to
represent a class consisting of (a) all persons with
Illinois fax numbers (b) who, on or after a date three years
prior to the filing of this action (815 ILCS 505/10a), (c)
were sent faxes by or on behalf of defendant Martin Avenue
Pharmacy, Inc., 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.
For purposes of Count III, alleging conversion, Count IV,
alleging nuisance, and Count V, alleging trespass to
chattels, plaintiff seeks to represent a class consisting of
(a) all persons, (b) who, on or after a date five years
prior to the filing of this action, (c) were sent faxes by
or on behalf of defendant Martin Avenue Pharmacy, Inc.,
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 Plaintiff further asks that it be appointed class
representative 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=PwrYfXKD
The Plaintiff is represented by:
Daniel A. Edelman, Esq.
Cathleen M. Combs, Esq.
James O. Latturner, Esq.
Dulijaza Clark, Esq.
EDELMAN, COMBS, LATTURNER & GOODWIN, LLC
20 South Clark Street, Suite 1500
Chicago, IL 60603
Telephone: (312) 739-4200
Facsimile: (312) 419-0379
E-mail: dedelman@edcombs.com
ccombs@edcombs.com
jlatturner@edcombs.com
jclark@edcombs.com
M-QUBE: Renewed Bid for Class Certification Denied
--------------------------------------------------
In the case captioned RICHARD A. GEIER, individually and on behalf
of all others similarly situated, Plaintiff, v. M-QUBE, INC., et
al., Defendants, No. C13-354-TSZ (W.D. Wash.), Judge Thomas S.
Zilly denied with prejudice the plaintiff's renewed motion for
class certification.
Mobile Messenger served as a billing aggregator that linked
"content providers," which interacted directly with cell phone
subscribers, and cell carriers such as AT&T and Verizon. Content
providers would advertise products such as a reverse auction game
to cell phone subscribers who would enroll via a "double opt-in
process." Richard Geier contended that the system was rife with
fraud and led to the unknown billing of many cell subscribers.
Even though some thousands of Washington residents subscribed to
and were billed for these programs, only a small portion of those
individuals ever took advantage of them. Thus, Geier argued that
the overwhelming majority of subscribers were likely billed
through fraudulent means.
Geier previously brought a motion to certify class that focused on
the deception prong of the Washington Consumer Protection Act
(CPA). The court denied that motion without prejudice, resulting
in a renewed motion which focuses on the unfair practices prong of
the CPA.
Judge Zilly, however, found that the class is not ascertainable,
individual issues predominate over common ones, and that a class
action is not the superior method of resolution. The judge also
concluded that any future motion would be futile, and thus Geier's
motion was denied with prejudice.
A full-text copy of Judge Zilly's June 24, 2016 order is available
at https://is.gd/RzLR7T from Leagle.com.
Richard A. Geier, Plaintiff, represented by Jennifer Rust Murray -
- jmurray@terrellmarshall.com -- TERRELL MARSHALL LAW GROUP PLLC,
Matthew J. Zuchetto -- zuchetto@washingtonclassaction.com -- THE
EMPIRE STATE BUILDING, Toby James Marshall --
tmarshall@terrellmarshall.com -- TERRELL MARSHALL LAW GROUP PLLC &
Erika L. Nusser -- enusser@terrellmarshall.com -- TERRELL MARSHALL
LAW GROUP PLLC.
M-Qube Inc, Mobile Messenger Americas Inc, Defendants, represented
by Stephen M. Rummage -- steverummage@dwt.com -- DAVIS WRIGHT
TREMAINE, James C. Grant -- jamesgrant@dwt.com -- DAVIS WRIGHT
TREMAINE & Max Bamberger Hensley -- maxhensley@dwt.com -- DAVIS
WRIGHT TREMAINE.
Darcy Wedd, Fraser Thompson, Defendants, represented by Angelo J.
Calfo -- angeloc@calfoharrigan.com -- CALFO HARRIGAN LEYH & EAKES,
LLP & Shane P. Cramer -- shanec@calfoharrigan.com -- CALFO
HARRIGAN LEYH & EAKES, LLP.
MEDFORCE TECHNOLOGIES: Waterfront Seeks Certification of Class
--------------------------------------------------------------
The Plaintiff in the lawsuit titled WATERFRONT TERRACE, INC., an
Illinois corporation, individually and as the representative of a
class of similarly-situated persons v. MEDFORCE TECHNOLOGIES, INC.
a New York corporation, and JOHN DOES 1-5, Case No. 1:16-cv-06704
(N.D. Ill.), moves for class certification pursuant to Damasco v.
Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011).
Waterfront 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.
Waterfront also asks the Court to appoint it as the class
representative, and appoint its attorneys as class counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=jXbyVmSJ
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
MEDICINES COMPANY: "Schuler" Settlement Deal Has Final Okay
-----------------------------------------------------------
In the case captioned WARREN H. SCHULER, individually and on
behalf of other persons similarly situated, Plaintiff, v. THE
MEDICINES COMPANY, et al., Defendant, Civil Action No. 14-1149
(CCC) (D.N.J.), Judge Claire C. Cecchi granted final certification
of the settlement class and collective action, approved the
settlement agreement, awarded litigation costs and expenses, and
dismissed the action with prejudice.
The settlement agreement provides that the defendants will pay
$4,250,000 into an escrow account for the benefit of the class.
The settlement amount is inclusive of all payments to class
members as well as to lead counsel and lead plaintiff.
Judge Cecchi also granted the lead counsel's requested award of
$1,402,500 in attorneys' fees, which represents 33% percent of the
common fund created by the settlement agreement, and an award of
$33,569.20 in expenses incurred while prosecuting the litigation.
In addition, the judge granted lead plaintiff's requested award in
the amount of $3,500 to compensate him for his time and service to
the class.
A full-text copy of Judge Cecchi's June 24, 2016 opinion is
available at https://is.gd/OL3FfG from Leagle.com.
Warren H. Schuler brought the action on behalf of himself and all
other similarly situated individuals against the Medicines
Company, Clive A. Meanwell, Paul M. Antinori, and Glenn P.
Sblendorio for violation of federal securities laws. On February
25, 2016, the court granted preliminary certification of the
settlement class and collective action and preliminarily approved
the settlement.
WARREN H. SCHULER, Lead Plaintiff, DAVID SERR, Plaintiff,
represented by BRUCE DANIEL GREENBERG --
bgreenberg@litedepalma.com -- LITE DEPALMA GREENBERG, LLC.
THE MEDICINES COMPANY, CLIVE A MEANWELL, PAUL M ANTINORI, GLENN P
SBLENDORIO, Defendants, represented by BRIAN J. MCMAHON --
bmcmahon@gibbonslaw.com -- GIBBONS, PC & J. BRUGH LOWER --
jlower@gibbonslaw.com -- GIBBONS PC.
MEDIFIT CORPORATE: Flores Seeks Cert. of Two Settlement Classes
---------------------------------------------------------------
Francisco Flores filed with the Court his revised motion for
preliminary approval of an agreement to settle the lawsuit
captioned FRANCISCO FLORES, individually, and on behalf of all
others similarly situated v. MEDIFIT CORPORATE SERVICES, INC., and
DOES 1 through 100, inclusive, Case No. 3:15-cv-03423-WHO (N.D.
Cal.).
Mr. Flores seeks conditional certification of these classes for
purposes of settlement only:
California Class: All persons who worked in California for
MediFit Corporate Services, Inc. at any point since June 16,
2011 as a group exercise instructor, personal trainer or
swim instructor.
FLSA Class: All persons who worked in California for MediFit
Corporate Services, Inc. at any point since June 16, 2012 as
a group exercise instructor, personal trainer or swim
instructor.
Mr. Flores asks for an order appointing Scott Cole & Associates,
APC as Class Counsel, appointing him and Giulia Ferraris as Class
Representatives, appointing Rust Consulting, Inc., as the
Settlement Administrator, approving the Class Notice and timeline
for administration, and setting the final approval hearing date.
Among other things, the Settlement provides that:
-- the Defendant will pay $1,300,000; and
-- the Net Settlement Fund will be calculated by deducting
these:
* Court-approved award for attorneys' fees, up to 25% of
the GSF;
* Court-approved reimbursement of attorneys' actual costs,
up to $20,000;
* Enhancement Awards to the Class Representatives, $4,500
for Plaintiff Flores and $1,500 for Plaintiff Ferraris;
* Payment for release of PAGA claims in the amount of
$5,000; and
* Costs of settlement administration, not expected to be
more than $20,500.
The entire Net Settlement Fund will be automatically paid to class
members, who do not opt out. Any unapproved amount of attorneys'
fees, costs, or settlement administration costs will be
reallocated to the Net Settlement Fund and distributed to the
class members.
Each member of the California Class will be entitled to receive a
pro rata portion of 95% of the NSF, and each member of the FLSA
class will be entitled to a pro rata portion of 5% of the NSF.
Settlement awards will be calculated based upon the number of pay
periods worked during the respective settlement periods, divided
by the total number of pay periods worked by all class members
during the respective settlement periods.
The Court will commence a hearing on July 13, 2016, at 2:00 p.m.,
to consider the Motion.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=9jTdNsb4
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
E-mail: scole@scalaw.com
mbainer@scalaw.com
MOLYCORP INC: Armstrong Appeals From Ruling in Securities Suit
--------------------------------------------------------------
Plaintiffs Gary Armstrong, Gail Fialkov, Brett Huber, Macie J.
Jurkowski, Paul Saldana, Ronald Simmers and Allen Trempe filed an
appeal from a court ruling entered in the consolidated litigation
titled In re Molycorp, Inc. Securities Litigation, Case No. 13-cv-
5697, in the U.S. District Court for the Southern District of New
York.
As previously reported in the Class Action Reporter on June 2,
2016, District Court Judge Paul A. Crotty denied the Plaintiffs'
motion for reconsideration of the Court's March 12, 2015 Opinion
and Order dismissing their Consolidated Amended Complaint, which
alleged the Defendants made material misstatements and omissions
in public filings, in violation of Exchange Act Sections 10(b) and
20(a), and Rule 10b-5.1 2015 WL 1097355. The Plaintiffs argued
that the Court erred in (i) failing to consider as a discrete
material misrepresentation Defendants' alleged failure to disclose
contractual breaches by a Molycorp contractor; and (ii) denying
the motion with prejudice and without leave to amend.
A full-text copy of the Opinion and Order dated May 23, 2016, is
available at https://is.gd/lSechC from Leagle.com.
The appellate case is captioned as In re Molycorp, Inc. Securities
Litigation, Case No. 16-2089, in the United States Court of
Appeals for the Second Circuit.
The Plaintiffs-Appellants are represented by:
Ira M. Press, Esq.
KIRBY MCINERNEY LLP
825 3rd Avenue
New York, NY 10022
Telephone: (212) 371-6600
Facsimile: (212) 699-1194
E-mail: ipress@kmllp.com
Defendant-Appellee Molycorp, Inc., is represented by:
Robert F. Serio, Esq.
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue
New York, NY 10166
Telephone: (212) 351-4000
E-mail: rserio@gibsondunn.com
Defendants-Appellees Constantine E. Karayannopoulos, Mark A.
Smith, Michael F. Doolan, John L. Burba and John F. Ashburn, Jr.,
are represented by:
Jason M. Koral, Esq.
COOLEY LLP
1114 Avenue of the Americas
New York, NY 10036
Telephone: (212) 479-6669
Facsimile: (212) 479-6275
E-mail: jkoral@cooley.com
MONTEREY FINANCIAL: Class Action Allegations in "Dixon" Nixed
-------------------------------------------------------------
In the case captioned EDITH DIXON, Plaintiff, v. MONTEREY
FINANCIAL SERVICES, INC., Defendant, Case No. 15-cv-03298-MMC
(N.D. Cal.), Judge Maxine M. Chesney granted in part and denied,
in part, the defendant's Motion for Summary Judgment [and] to
Strike Plaintiff's Class Allegations, as follows:
1. To the extent the motion seeks summary judgment on
plaintiff's claims, the motion was denied.
2. To the extent the motion seeks an order striking
from the First Amended Complaint the class action
allegations, the motion was granted, and the class
action allegations were stricken.
3. If the plaintiff wishes to file a Second Amended
Complaint for the purpose of amending her class
action allegations, the plaintiff shall file such
pleading no later than July 15, 2016. If the
plaintiff does not do so within the time provided,
the instant action will proceed on the plaintiff's
individual claims.
A full-text copy of Judge Chesney's June 24, 2016 order is
available at https://is.gd/vS4vmF from Leagle.com.
In the operative complaint, the First Amended Complaint, Edith
Dixon alleged that Monterey Financial Services, Inc. violated the
Telephone Consumer Protection Act (TCPA) when, after she "revoked
her consent to be called by [d]efendant", "[d]efendant continued
to call [p]laintiff on her cellular telephone", using an
"automatic telephone dialing system". Based on said allegations,
Dixon alleged two causes of action, titled, respectively,
"Negligent Violations of the [TCPA]" and "Knowing and/or Willful
Violations of the [TCPA]." Dixon also sought to proceed on her
own behalf and on behalf of a nationwide class. Monterey argued
it is entitled to summary judgment on Dixon's TCPA claims, or, in
the alternative, that the class action allegations should be
stricken.
Edith Dixon, Plaintiff, represented by Adrian Bacon, Law Offices
of Todd M. Friedman, P.C., Meghan Elisabeth George, Law Offices of
Todd M. Friedman, P.C. & Todd Michael Friedman, Law Offices of
Todd M. Friedman, P.C..
Monterey Financial Services, Inc., Defendant, represented by
Dennis Joseph Ward -- dennis.ward@rmkb.com -- Ropers Majeski Kohn
& Bentley & Brendan H. Little -- blittle@lippes.com -- Lippes
Mathias Wexler Friedman LLP.
MR GOODCENTS: Faces "Kibbie" Class Suit in District Nebraska
------------------------------------------------------------
A class action lawsuit has been commenced against Mr. Goodcents
Franchise Systems, Inc.
The case is captioned Plaintiff Taylor Kibbie, on behalf of
himself and all others similarly situated v. Mr. Goodcents
Franchise Systems, Inc., Case No. 4:16-cv-03084-JMG-CRZ (D. Neb.,
June 9, 2016).
Mr. Goodcents Franchise Systems, Inc. operates and franchises a
quick-serve restaurant chain in the United States.
The Plaintiff is represented by:
Jeremy M. Glapion, Esq.
GLAPION LAW FIRM
1704 Maxwell Drive
Wall, NJ 07719
Telephone: (732) 455-9737
Facsimile: (732) 709-5150
E-mail: jmg@glapionlaw.com
- and -
Tregg R. Lunn, Esq.
LAW OFFICE OF TREGG LUNN
1028 G Street, Suite 101
Lincoln, NE 68508
Telephone: (402) 730-7021
Facsimile: (402) 438-6167
E-mail: tregg@tregglunnlaw.com
NESTLE WATERS: Doesn't Properly Pay Employees, "Ortega" Suit Says
-----------------------------------------------------------------
Ricardo Ortega and Chris Davis, as individuals and on behalf of
all others similarly situated v. Nestle Waters North America Inc.,
and Does 1 through 50, inclusive, Case No. BC623619 (Cal. Super.
Ct., June 10, 2016), is brought against the Defendants failure to
pay all meal period wages and rest break wages and failure to pay
all overtime wages and minimum wages.
Nestle Waters North America Inc. is a business-unit of Nestle that
produces and distributes numerous brands of water across North
America.
The Plaintiff is represented by:
Kenneth H. Yoon, Esq.
Stephanie E. Yasuda, Esq.
Brian G. Lee, Esq.
LAW OFFICES OF KENNETH H. YOON
One Wilshire Blvd., Suite 2200
Los Angeles, CA 90017
Telephone: (213) 612-0988
Facsimile: (213) 947-1211
NEW MILLENIUM: Faces "Fayzieva" Suit Over Failure to Pay Overtime
-----------------------------------------------------------------
Rano Fayzieva, individually and on behalf of all other persons
similarly situated v. New Millenium Home Care Agency, Case No.
510242/2016 (N.Y. Sup. Ct., June 16, 2016), is brought against the
Defendant for failure to pay overtime wages in violation of the
New York Labor Law.
New Millenium Home Care Agency is primarily engaged in providing
nursing and home health aide services at the residences of its
clients.
The Plaintiff is represented by:
Lloyd R. Ambinder, Esq.
LaDonna M. Lusher, Esq.
Milana Dostanitch, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street, 7th Floor
New York, NY 10004
Telephone: (212) 943-9080
E-mail: lambinder@vandallp.com
NIKE USA: Illegally Obtains Background Reports, Action Claims
-------------------------------------------------------------
Jerald Nettles, individually and as a representative of the class
v. Nike USA, Inc., d/b/a Nike and Nike Retail Services, Inc.,
d/b/a Nike, Case No. 1:16-cv-06100 (N.D. Ill., June 10, 2016), is
brought against the Defendants for failure to provide required
disclosures prior to procuring background reports on applicants
and employees.
The Defendant is engaged in the design and distribution athletic
footwear, apparel, equipment, and accessories for a wide variety
of sports and fitness activities.
The Plaintiff is represented by:
Andrew C. Ficzko, Esq.
STEPHAN ZOURAS, LLP
205 North Michigan Ave., Suite 2560
Chicago, IL 60601
Telephone: 312-233-1550
NOBILIS HEALTH: Motion to Dismiss "Schott" Case Underway
--------------------------------------------------------
Nobilis Health Corp. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 13, 2016, for the
quarterly period ended March 31, 2016, that the Company's motion
to dismiss a shareholder class action remains pending.
The Company said, "After the Company announced it would be
restating its 2014 annual financial statements and 2015 first and
second quarter interim financial statements, one complaint, Schott
v. Nobilis Health Corp. et al, was filed in the United States
District Court for the Southern District of Texas against the
Company, our former chief executive officer and our current chief
financial officer. The complaint seeks class action status on
behalf of our shareholders and alleges violations of Sections
10(b) and 20(a) of the Securities Exchange Act of 1934 arising out
of the restatement and seeks undisclosed damages."
The defendants intend to vigorously defend against these claims
and filed a motion to dismiss the consolidated complaint for
failure to plead particularized facts supporting a strong
inference of scienter on the part of the individual defendants.
In response, the Plaintiff filed an amended complaint on March 7,
2016. The Company subsequently filed a motion to dismiss the
amended complaint for failure to plead particularized facts
supporting a strong inference of scienter on the part of the
individual defendants.
The court granted the plaintiffs additional time to respond to the
Company's motion to dismiss setting a deadline of May 16, 2016.
"At this early stage, we are not yet able to determine the
likelihood of loss, if any, arising from this matter," the Company
said.
Nobilis owns and manages nine healthcare facilities.
NOBILIS HEALTH: "Capelli" Case Pending in Canada
------------------------------------------------
Nobilis Health Corp. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 13, 2016, for the
quarterly period ended March 31, 2016, that a class action lawsuit
by Vince Capelli remains pending in Canada.
The Company said, "A statement of claim (complaint), Vince Capelli
v Nobilis Health Corp. et. al, was filed on January 8, 2016 in the
Ontario Superior Court of Justice under court file number CV-16-
544173 naming Nobilis Health Corp., certain current and former
officers and the Company's former auditors as defendants. The
statement of claim seeks to advance claims on behalf of the
plaintiff and on behalf of a class comprised of certain of our
shareholders related to, among other things, alleged certain
violations of the Ontario Securities Act and seeks damages in the
amount of C$80 million plus interest. The defendants intend to
vigorously defend against these claims. At this early stage, we
are not yet able to determine the likelihood of loss, if any,
arising from this matter."
Nobilis owns and manages nine healthcare facilities.
NOR CAL BEVERAGE: Faces "Williams" Class Suit in California
-----------------------------------------------------------
A class action lawsuit has been commenced against Nor Cal Beverage
Co Inc.
The case is captioned David Williams on behalf of himself all
others similarly situated and the general public v. Nor Cal
Beverage Co Inc., Case No. 34-2016-00195723-CU-OE-GDS (Cal. Super.
Ct., June 9, 2016).
Nor Cal Beverage Co Inc. provides contract packaging, beverage
distribution, and equipment solutions.
NOVATION COMPANIES: Case by NJ Carpenters' Health Fund Pending
--------------------------------------------------------------
Novation Companies, Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on May 13, 2016, for the
quarterly period ended March 31, 2016, that the Company continues
to defend a case by the New Jersey Carpenters' Health Fund.
On May 21, 2008, a purported class action case was filed in the
Supreme Court of the State of New York, New York County, by the
New Jersey Carpenters' Health Fund, on behalf of itself and all
others similarly situated. Defendants in the case included
NovaStar Mortgage Funding Corporation ("NMFC"), a wholly-owned
subsidiary of the Company, and its individual directors, several
securitization trusts sponsored by the Company ("affiliated
defendants") and several unaffiliated investment banks and credit
rating agencies. The case was removed to the United States
District Court for the Southern District of New York.
On June 16, 2009, the plaintiff filed an amended complaint. The
plaintiff seeks monetary damages, alleging that the defendants
violated sections 11, 12 and 15 of the Securities Act of 1933, as
amended, by making allegedly false statements regarding mortgage
loans that served as collateral for securities purchased by the
plaintiff and the purported class members. On August 31, 2009, the
Company filed a motion to dismiss the plaintiff's claims, which
the court granted on March 31, 2011, with leave to amend.
The plaintiff filed a second amended complaint on May 16, 2011,
and the Company again filed a motion to dismiss. On March 29,
2012, the court dismissed the plaintiff's second amended complaint
with prejudice and without leave to replead.
The plaintiff filed an appeal. On March 1, 2013, the appellate
court reversed the judgment of the lower court, which had
dismissed the case. Also, the appellate court vacated the judgment
of the lower court which had held that the plaintiff lacked
standing, even as a class representative, to sue on behalf of
investors in securities in which plaintiff had not invested, and
the appellate court remanded the case back to the lower court for
further proceedings.
On April 23, 2013 the plaintiff filed its memorandum with the
lower court seeking a reconsideration of the earlier dismissal of
plaintiff's claims as to five offerings in which plaintiff was not
invested, and on February 5, 2015 the lower court granted
plaintiff's motion for reconsideration and vacated its earlier
dismissal.
Given the stage of the litigation, the Company cannot provide an
estimate of the range of any loss. The Company believes that the
affiliated defendants have meritorious defenses to the case and
expects them to defend the case vigorously.
O'REILLY AUTOMOTIVE: King Appeals Ruling From E.D. Washington
-------------------------------------------------------------
Plaintiff Brent King filed an appeal from a court ruling in the
lawsuit styled Brent King v. O'Reilly Automotive, Inc., Case No.
2:15-cv-00230-RMP, in the U.S. District Court for the Eastern
District of Washington, Spokane.
The appellate case is captioned as Brent King v. O'Reilly
Automotive, Inc., Case No. 16-80081, in the United States Court of
Appeals for the Ninth Circuit.
Plaintiff-Petitioner, Brent King, individually, and on the behalf
of all others similarly situated, is represented by:
Jeffrey D. Boyd, Esq.
Deborah M. Nelson, Esq.
NELSON BOYD PLLC
411 University St., Suite 1200
Seattle, WA 98101
Telephone: (206) 971-7601
E-mail: boyd@nelsonboydlaw.com
nelson@nelsonboydlaw.com
- and -
Edwin J. Kilpela, Jr., Esq.
CARLSON LYNCH LTD
PNC Park
115 Federal Street
Pittsburgh, PA 15212
Telephone: (412) 322-9243
Facsimile: (412) 231-0246
E-mail: ekilpela@carlsonlynch.com
Defendant-Respondent O'Reilly Automotive, Inc., dba O'Reilly Auto
Parts, is represented by:
Jeffrey Ryan Galloway, Esq.
ETTER, MCMAHON, LAMBERSON, CLARY & ORESKOVICH, P.C.
618 West Riverside Avenue
Spokane, WA 99201
Telephone: (509) 747-9100
Facsimile: (509) 623-1439
- and -
William C. Martucci, Esq.
SHOOK, HARDY & BACON LLP
2555 Grand Blvd.
Kansas City, MO 64108
Telephone: (202) 783-8400
Facsimile: (202) 783-4211
E-mail: wmartucci@shb.com
OLD DOMINION: Faces "Blanco" Suit Over Failure to Pay Overtime
--------------------------------------------------------------
Issac Blanco, on behalf of himself and all others similarly
situated, and on behalf of the general public v. Old Dominion
Freight Line, Inc., and Does l-100, Case No. RG16819118 (Cal.
Super. Ct., June 10, 2016), is brought against the Defendants for
failure to pay overtime wages in violation of the California Labor
Code.
Old Dominion Freight Line, Inc. is a trucking company doing
business in California which is engaged in transportation services
for new and used vehicles from manufacturing plants, ports,
railhead, and auctions to retail dealerships.
The Plaintiff is represented by:
William Turley, Esq.
David Mara, Esq.
THE TURLEY LAW FIRM, APLC
7428 Trade Street
San Diego, CA 92121
Telephone: (619) 234-2833
Facsimile: (619} 234-4Q48
E-mail: bturley@turleylawfirm.com
OMNIPLEX WORLD: "Reynolds" Suit Seeks to Recover Unpaid Overtime
----------------------------------------------------------------
Corey Reynolds, David Blythe, and Tracy Wearing, on behalf of
themselves and all others similarly situated v. Omniplex World
Services Corp., Case No. 1:16-cv-00676-LO-MSN (E.D. Va., June 16,
2016), seeks to recover unpaid overtime wages and damages pursuant
to the Fair Labor Standards Act.
Omniplex World Services Corp. provides protective security,
background investigations, and personnel security services to
government agencies
The Plaintiff is represented by:
Joshua Harry Erlich, Esq.
THE ERLICH LAW OFFICE PLLC
2111 Wilson Blvd, Suite 700
Arlington, VA 22201
Telephone: (703) 791-9087
E-mail: jerlich@erlichlawoffice.com
PASON SYSTEMS: Class Conditionally Certified in "Ratliff" Suit
--------------------------------------------------------------
The Hon. Dena Hanovice Palermo entered an order granting
conditional certification in the lawsuit styled DONNY RATLIFF,
individually and on behalf of all others similarly situated v.
PASON SYSTEMS USA CORP., Case No. 4:15-cv-02376 (S.D. Tex.).
The Plaintiff brings the action on behalf of himself and others
similarly situated to recover alleged unpaid overtime compensation
under the Fair Labor Standards Act.
Judge Palermo orders that conditional certification be granted as
to all Field Service and Sales Technicians employed by the
Defendant nationwide within the past three years. The Court
further orders the parties to submit a proposed Notice and
proposed Consent forms.
A copy of the xxx is available at no charge at
http://d.classactionreporternewsletter.com/u?f=FA0jnJFH
PIER 1: "Palmer" Suit Removed to Central District California
------------------------------------------------------------
The class action lawsuit captioned Ashlee Palmer, individually,
and on behalf of herself and all others similarly situated v. Pier
1 Imports, Inc. and Does 1 through 100, inclusive, Case No. 30-
02016-00846641, was removed to the U.S. District Court for the
Central District of California (Southern Division - Santa Ana).
The District Court Clerk assigned Case No. 8:16-cv-01120 to the
proceeding.
Pier 1 Imports, Inc. is a Fort Worth, Texas-based retailer
specializing in imported home furnishings and decor, particularly
furniture, table-top items, decorative accessories, and seasonal
decor.
Ashlee Palmer is a pro se plaintiff.
PLAIN GREEN: Think Finance Appeals From Ruling in "Gingras" Suit
----------------------------------------------------------------
Defendant Kenneth E. Rees, former President and Chief Executive
Officer and Chairman of the Board of Think Finance, filed an
appeal from a court ruling in the lawsuit entitled Gingras, et al.
v. Rosette, et al., Case No. 15-cv-101, in the U.S. District Court
for the District of Vermont (Rutland).
The Plaintiffs alleged in their lawsuit that Plain Green LLC is
exploiting and extorting its borrowers through predatory lending
in violation of federal trade and consumer laws.
Plain Green charges annual interest rates of up to 379 percent for
its loans, which are typically used by low-income borrowers in
need of emergency cash, the complaint said. The Company is owned
by Montana's Chippewa Cree Tribe, which uses the tribal-
sovereignty doctrine to ignore states' laws that cap interest
rates on payday loans.
Defendants Joel Rosette, in his official capacity as Chief
Executive Officer of Plain Green LLC; Ted Whitford, official
capacity as a member of Plain Green's Board of Directors; and Tim
McInerney have also filed an appeal.
The other Defendants are Think Finance, Inc., TC Loan Service,
LLC, TC Decision Sciences, LLC, Tailwind Marketing, LLC, Sequoia
Capital Operations, LLC, Technology Crossover Ventures, Ted
Whitford, official capacity as a member of Plain Green's Board of
Directors and Tim McInerney.
The appellate case is captioned as Gingras v. Rosette, Case No.
16-2132, in the United States Court of Appeals for the Second
Circuit.
Plaintiffs-Appellees Jessica Gingras and Angela C. Given are
represented by:
Matthew B. Byrne, Esq.
GRAVEL AND SHEA PC
76 Saint Paul Street
P.O. Box 369
Burlington, VT 05402
Telephone: (802) 658-0220
Facsimile: (802) 658-1456
E-mail: mbyrne@gravelshea.com
Defendant- Appellant Kenneth E. Rees is represented by:
Stephen D. Ellis, Esq.
ELLIS, BOXER & BLAKE, PLLC
24 Summer Hill Street, P.O. Box 948
Springfield, VT 05156
Telephone: (802) 885-2141
POLICYGO LLC: Faces "Payton" Suit in Cal. Over Automated Calls
--------------------------------------------------------------
Jonathan Payton, individually and on behalf of all others
similarly situated v. Policygo LLC, Insuresquare LLC, Quotewhiz
LLC, Adam Weinstein, and Does 1-100, inclusive and each of them,
Case No. 2:16-cv-04116-FMO-MRW (C.D. Cal., June 9, 2016), seeks to
stop the Defendants' practice of using an artificial and
prerecorded voice to deliver a message without prior express
consent of the called party.
The Defendants own and operate an insurance company in California.
The Plaintiff is represented by:
Adrian Robert Bacon, Esq.
Todd M. Friedman, Esq.
Meghan Elisabeth George, Esq.
LAW OFFICES OF TODD FRIEDMAN PC
324 South Beverly Drive Suite 725
Beverly Hills, CA 90212
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
E-mail: abacon@toddflaw.com
tfriedman@toddflaw.com
mgeorge@toddflaw.com
PRECISE MANAGEMENT: Faces "McLean" Suit Over Failure to Pay OT
--------------------------------------------------------------
Tasheen McLean, Damien Lynch and John Godoy on behalf of
themselves and all others similarly situated v. Cheryl Ighodaro,
Angela Hall, and Precise Management, Inc., Case No. 1:16-cv-04380
(S.D.N.Y., June 10, 2016), is brought against the Defendants for
failure to pay overtime wages in violation of the Fair Labor
Standards Act.
The Defendants operate a real estate management company which
manages the operations of more than one-hundred residential rental
buildings in New York City.
The Plaintiff is represented by:
Christopher Marlborough, Esq.
THE MARLBOROUGH LAW FIRM, P.C
445 Broad Hollow Road, Suite 400
Melville, NY 11747
Telephone: (212) 991-8960
E-mail: chris@marlboroughlawfirm.com
- and -
Adam P. Slater, Esq.
SLATER SLATER SCHULMAN, LLP
909 Third Avenue, 28th Floor
New York, NY 10022
Telephone: (212) 922-0906
E-mail: aslater@sssfirm.com
PRESTIGE CRUISE: Freixa Appeals Florida District Court Ruling
-------------------------------------------------------------
Plaintiff Sean Freixa filed an appeal from a court ruling in his
lawsuit titled Sean Freixa v. Prestige Cruise Services, LLC, et
al., Case No. 1:15-cv-22732-MGC, in the U.S. District Court for
the Southern District of Florida.
As previously reported in the Class Action Reporter on August 6,
2015, Mr. Freixa, on behalf of himself and others similarly
situated, accused Prestige Cruise Services LLC, Prestige Cruise
Holdings, Inc., Prestige Cruises International, Inc., and XYZ
Entities 1-10, for alleged failure to pay overtime wages in
violation of the Fair Labor Standard Act.
The appellate case is captioned as Sean Freixa v. Prestige Cruise
Services, LLC, et al., Case No. 16-13745, in the United States
Court of Appeals for the Eleventh Circuit.
The Plaintiff-Appellant is represented by:
Robert S. Norell, Esq.
ROBERT S. NORELL, PA
7350 NW 5th St.
Plantation, FL 33317-1605
Telephone: (954) 617-6017
- and -
Keith Michael Stern, Esq.
LAW OFFICE OF KEITH M. STERN, P.A.
2300 Glades Road Suite 360W
Boca Raton, FL 33431
Telephone: (888) 505-9941
Facsimile: (561) 807-0020
E-mail: employlaw@keithstern.com
Defendants-Appellees Prestige Cruise Services, LLC, Prestige
Cruise Holdings, Inc., and Prestige Cruises International, Inc.,
are represented by:
Angelica Leigh Boutwell, Esq.
Mark J. Neuberger, Esq.
Larry Scott Perlman, Esq.
FOLEY & LARDNER, LLP
2 S Biscayne Blvd., Suite 1900
Miami, FL 33131
Telephone: (305) 482-8400
E-mail: aboutwell@foley.com
lperlman@foley.com
mneuberger@foley.com
PROGRESS PLACE: Faces "Yi" Class Suit in District of Maryland
-------------------------------------------------------------
A class action lawsuit has been commenced against Progress place
and Montgomery County.
The case is captioned Chong Su Yi and people of similarly situated
v. Progress Place and Montgomery County, Case No. 8:16-cv-02145-
DKC (D. Md., June 16, 2016).
Progress place operates a mental health clinic in Maryland.
Chong Su Yi is a pro se plaintiff.
RGIS LLC: Fails to Pay Employees Overtime, "Smith" Suit Claims
--------------------------------------------------------------
Jonna Angel Smith, individually and on behalf of all others
similarly situated v. RGIS, LLC, Case No. 2:16-cv-00841-LPL (W.D.
Penn., June 16, 2016), is brought against the Defendants for
failure to pay overtime wages for hours worked above 40 in a
workweek.
RGIS, LLC offers a wide array of inventory services including:
annual, physical, asset and cycle count inventories, supply chain,
compliance audits, store mapping, merchandising, resets and store
optimization.
The Plaintiff is represented by:
D. Aaron Rihn, Esq.
ROBERT PEIRCE & ASSOCIATES, P.C.
707 Grant Street Suite 2500
Pittsburgh, PA 15219-1918
Telephone: (412) 281-7229
E-mail: arihn@peircelaw.com
- and -
Nicholas A. Migliaccio, Esq.
Jason S. Rathod, Esq.
MIGLIACCIO & RATHOD LLP
412 H Street NE Suite 302
Washington, DC 20002
Telephone: (202) 470-3520
E-mail: nmigliaccio@classlawdc.com
jrathod@wbmllp.com
ROOSEN VARCHETTI: Anda Seeks Certification of Four Classes
----------------------------------------------------------
The Plaintiffs in the lawsuit entitled PETER ANDA, et al. v.
ROOSEN, VARCHETTI & OLIVIER, PLLC, et al., Case No. 1:14-cv-00295-
RJJ (W.D. Mich.), submit their renewed motion for class
certification.
The Plaintiffs' first amended complaint has alleged violations of
the federal Fair Debt Collection Practices Act. The Plaintiffs'
claims are based on the core theory that the Defendants routinely
violated Michigan garnishment law by claiming garnishment costs as
due before they established their right to do so as prevailing
parties on the garnishments themselves, contrary to Michigan Court
Rule 3.101(R)(2). The Plaintiffs propose four classes:
A "General Class" comprised of all judgment debtors who were
subject to a Michigan garnishment that: (1) was signed by
Roosen, Varchetti & Olivier, PLLC; (2) was filed during the
class period; and (3) had included in the amount of the
unsatisfied judgment then due (a) the costs of that
garnishment, or (b) the costs of a prior garnishment before
Roosen, Varchetti & Olivier, PLLC had received either (i) a
disclosure for the prior garnishment indicating the
garnishee owed money to, held property of, or employed the
judgment debtor, or (ii) actual payment on the prior
garnishment from the garnishee.
A "Web Equity Holdings, LLC Subclass" comprised of all
judgment debtors who were subject to a Michigan garnishment
that: (1) was signed by Roosen, Varchetti & Olivier, PLLC to
collect a judgment payable to Web Equity Holdings, LLC, (2)
was filed during the class period; and (3) had included in
the amount of the unsatisfied judgment then due (a) the
costs of that garnishment, or (b) the costs of a prior
garnishment before Roosen, Varchetti & Olivier, PLLC had
received either (i) a disclosure for the prior garnishment
indicating the garnishee owed money to, held property of, or
employed the judgment debtor, or (ii) actual payment on the
prior garnishment from the garnishee.
A "Cavalry SPV I, LLC Subclass" comprised of all judgment
debtors who were subject to a Michigan garnishment that: (1)
was signed by Roosen, Varchetti & Olivier, PLLC to collect a
judgment payable to Cavalry SPV I, LLC, (2) was filed during
the class period; and (3) had included in the amount of the
unsatisfied judgment then due (a) the costs of that
garnishment, or (b) the costs of a prior garnishment before
Roosen, Varchetti & Olivier, PLLC had received either (i) a
disclosure for the prior garnishment indicating the
garnishee owed money to, held property of, or employed the
judgment debtor, or (ii) actual payment on the prior
garnishment from the garnishee.
A "Main Street Acquisition Corp. Subclass" comprised of all
judgment debtors who were subject to a Michigan garnishment
that: (1) was signed by Roosen, Varchetti & Olivier, PLLC to
collect a judgment payable to Main Street Acquisition Corp.,
(2) was filed during the class period; and (3) had included
in the amount of the unsatisfied judgment then due (a) the
costs of that garnishment, or (b) the costs of a prior
garnishment before Roosen, Varchetti & Olivier, PLLC had
received either (i) a disclosure for the prior garnishment
indicating the garnishee owed money to, held property of, or
employed the judgment debtor, or (ii) actual payment on the
prior garnishment from the garnishee.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=TwV6viIF
The Plaintiffs are represented by:
Phillip C. Rogers, Esq.
40 Pearl Street, N.W., Suite 336
Grand Rapids, MI 49503-3026
Telephone: (616) 776-1176
E-mail: ConsumerLawyer@aol.com
- and -
Michael O. Nelson, Esq.
NELSON LAW GROUP LLC
1104 Fuller N.E.
Grand Rapids, MI 49503
Telephone: (616) 559-2665
E-mail: mike@mnelsonlaw.com
SACRAMENTO, CA: Sued Over Failure to Pay Employees Overtime
-----------------------------------------------------------
Michael Feyh, on behalf of himself and all similarly situated
individuals v. City of Sacramento, Case No. 2:16-cv-01274-TLN-EFB
(E.D. Cal., June 10, 2016), arises from the Defendant's failure to
include all statutorily required forms of compensation in the
"regular rate" used to calculate the Plaintiffs' overtime
compensation.
City of Sacramento is a political subdivision of the State of
California.
The Plaintiff is represented by:
David E. Mastagni, Esq.
Isaac S. Stevens, Esq.
Ace T. Tate, Esq.
MASTAGNI HOLSTEDT
A Professional Corporation
1912 "I" Street
Sacramento, CA 95811
Telephone: (916) 446-4692
Facsimile: (916) 447-4614
E-mail: dmastagni@mastagni.com
istevens@mastagni.com
atate@mastagni.com
SALOMON WHITNEY: Faces "Barnes" Suit in East. District New York
---------------------------------------------------------------
A class action lawsuit has been commenced against Salomon Whitney
LLC.
The case is captioned Brian Barnes, individually and on behalf of
all others similarly situated v. Salomon Whitney LLC, Case No.
2:16-cv-03145-SJF-SIL (E.D.N.Y., June 16, 2016).
Salomon Whitney LLC operates a marketing and advertising company
located in 400 Broad Hollow Rd, Farmingdale, New York, United
States.
The Plaintiff is represented by:
Stefan Louis Coleman, Esq.
LAW OFFICES OF STEFAN COLEMAN, P.A.
1309 Jericho Turnpike, 2nd Floor
New Hyde Park, NY 11040
Telephone: (877) 333-9427
Facsimile: (888) 498-8946
E-mail: law@stefancoleman.com
SAM'S LIMOUSINE: Faces "Griffin" Suit Over Failure to Pay OT
------------------------------------------------------------
Quintina Griffin, individually and on behalf of all other persons
similarly situated v. Sam's Limousine and Transportation, Inc.,
Karen Zuri and Omar Ghandour, Case No. 4:16-cv-01652 (S.D. Tex.,
June 10, 2016), is brought against the Defendants for failure to
pay overtime wages in violation of the Fair Labor Standards Act.
The Defendants are engaged in the business of offering chauffeured
services and charter bus services to the public.
The Plaintiff is represented by:
Robert Collier, Esq.
COLLIER HUDSON PLLC
12 Greenway Plaza, Suite 1100
Houston, TX, 77046
Telephone: (713) 446-2923
Facsimile: (832) 426-5798
SAN DIEGO HOSPICE: Appeal Filed in "Ross" Discrimination Suit
-------------------------------------------------------------
Leilani Ross filed an appeal from a court ruling entered in the
lawsuit styled Leilani Ross v. San Diego Hospice & Palliative, et
al., Case No. 3:14-cv-02236-JAH-JMA, in the U.S. District Court
for the Southern District of California, San Diego.
In September 2014, the Plaintiff filed a first amended complaint
to add an additional cause of action. The FAC contains eight
causes of action: (1) violation of Title VII of the Civil Rights
Act of 1964; (2) violation of the Civil Rights Act of 1866; (3)
discrimination on the basis of race, ancestry, national origin in
violation of Fair Employment and Housing Act; (4) harassment on
the basis of race, ancestry, national origin in violation of FEHA;
(5) retaliation for complaining of discrimination; (6) failure to
prevent discrimination and harassment in violation of FEHA; (7)
wrongful termination in violation of public policy; and (8)
violation of California Business and Profession Code.
The appellate case is captioned as Leilani Ross v. San Diego
Hospice & Palliative, et al., Case No. 16-55873, in the United
States Court of Appeals for the Ninth Circuit.
The Plaintiff-Appellant is represented by:
Blake J. Lindemann, Esq.
LINDEMANN LAW FIRM, APC
433 N. Camden Drive, 4th Floor
Beverly Hills, CA 90210
Telephone: (310) 279-5269
Facsimile: (310) 300-0267
E-mail: Blake@lawbl.com
Defendants-Appellees San Diego Hospice & Palliative Care
Corporation, San Diego Hospice Foundation, and Richard M.
Kipperman, solely in his capacity as liquidating trustee of the
Liquidating Trust of San Diego Hospice & Palliative Care, are
represented by:
Margaret Chandler Bell, Esq.
Shauna Lee Michelle Sinnott, Esq.
ANDREWS, LEGASSE, BRANCH & BELL LLP
4365 Executive Drive, Suite 950
San Diego, CA 92121
Telephone: (858) 345-5080
Facsimile: (858) 345-5025
Email: mbell@albblaw.com
ssinnott@albblaw.com
SANOFI: Court Won't Vacate Judgment in Securities Suit
------------------------------------------------------
In the case captioned IN RE SANOFI SECURITIES LITIGATION, No. 14-
cv-9624(PKC) (S.D.N.Y.), Judge P. Kevin Castel denied the
plaintiffs' motion for reconsideration, relief from judgment, and
leave to file an amended complaint.
In a Memorandum and Order dated January 6, 2016, the court
dismissed the plaintiffs' putative class action against Sanofi and
its former Chief Executive Officer Christopher Viehbacher for
failure to state a claim. The plaintiffs then moved to alter or
amend the judgment pursuant to Rule 59(e), Fed. R. Civ. P., for
relief from judgment pursuant to Rule 60(b), Fed. R. Civ. P., and,
for leave to file a Second Consolidated Amended Complaint (SCAC)
pursuant to Rule 15, Fed. R. Civ. P. The plaintiffs' argument
centered on an affidavit filed by Diane Ponte, a former paralegal
at Sanofi, in an action in New Jersey state court. According to
the plaintiffs, the "newly discovered evidence" contained in
Ponte's affidavit supports allowing them to further amend their
Consolidated Amended Complaint to state a claim for securities
fraud. After reviewing Ponte's affidavit as well as the proposed
SCAC, Judge Castel concluded that the plaintiffs have not met the
standard required to vacate judgment and re-open the case because
the proposed SCAC would be subject to immediate dismissal for
failure to state a claim for relief.
A full-text copy of Judge Castel's June 24, 2016 memorandum and
order is available at https://is.gd/leyxIi from Leagle.com.
Meitav DS Provident Funds and Pension Ltd., Lead Plaintiff,
represented by Jeremy Alan Lieberman -- jalieberman@pomlaw.com --
Pomerantz LLP, Louis Carey Ludwig -- lcludwig@pomlaw.com --
Pomerantz Grossman Hufford Dahlstrom & Gross LLP & Joshua B.
Silverman -- jbsilverman@pomlaw.com -- Pomerantz Grossman Hufford
Dahlstrom & Gross.
Joel Mofsenson, Plaintiff, represented by Francis Paul McConville,
Pomerantz LLP, Jeremy Alan Lieberman, Pomerantz LLP, Patrick
Vincent Dahlstrom -- pdahlstrom@pomlaw.com -- Pomerantz LLP,
Joshua B. Silverman, Pomerantz Grossman Hufford Dahlstrom & Gross
& Louis Carey Ludwig, Pomerantz Grossman Hufford Dahlstrom & Gross
LLP.
Ellen de Brabander, Consolidated Plaintiff, represented by Adam M.
Apton -- aapton@zlk.com -- Levi & Korsinsky LLP, Christopher James
Kupka -- ckupka@zlk.com -- Levi & Korsinsky, LLP & Joseph Eli Levi
-- jlevi@zlk.com -- Levi & Korsinsky, LLP.
Sanofi, Christopher A. Viehbacher, Jerome Contamine, Defendants,
Serge Weinberg, Laurent Attal, UWE Bicker, Robert Castaigne,
Theirry Desmarest, Lord Douro, Jean-Rene Fourtou, Claudi Haignere,
Igor Landau, Suet-Fern Lee, Christian Mulliez, Klaus Pohle, Gerard
Van Kemmel, Gregory Irace, Consolidated Defendants, represented by
John A. Neuwirth -- john.neuwirth@weil.com -- Weil, Gotshal &
Manges LLP, Joshua Sanders Amsel -- joshua.amsel@weil.com -- Weil,
Gotshal & Manges LLP & Stefania Di Trolio Venezia --
stefania.venezia@weil.com -- Weil, Gotshal & Manges LLP.
SATIN DOLLS: "Durso" Suit in N.J. Seeks to Recover Unpaid Wages
---------------------------------------------------------------
Patricia Durso, individually and on behalf of all other persons
similarly situated v. Satin Dolls, Inc., 100-14 Route 17 SOUTH
Enterprises Inc., The Harem, Anthony Cardinalle, Case No. 2:16-cv-
03385-CCC-M (D.N.J., June 10, 2016), seeks to recover unpaid
wages, illegally retained tips, illegal deductions from wages, and
other violations and penalties pursuant to the Fair Labor
Standards Act.
The Defendants operate adult entertainment establishments in New
Jersey.
The Plaintiff is represented by:
Lloyd Ambinder, Esq.
Martin Fojas, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad St., 7th Floor
New York, NY 10004
Telephone: (212) 943-9080
Facsimile: (212) 943-9082
E-mail: lambinder@vandallp.com
mfojas@vandallp.com
- and -
Jeffrey K. Brown, Esq.
LEEDS BROWN LAW, P.C.
1 Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
Facsimile: (516) 747-5024
SEADOG BREWPUB: Brown Seeks to Certify Servers & Bartenders Class
-----------------------------------------------------------------
Ian Brown moves the Court for an order certifying the collective
action entitled IAN BROWN, on his own behalf and on behalf of
others similarly situated v. SEADOG BREWPUB BV, LLC, a Florida
limited liability company, and FRED HAYMAN, an individual, Case
No. 6:16-cv-00898-PGB-GJK (M.D. Fla.), and authorizing notice to
all class members pursuant to the Fair Labor Standards Act of
1938.
Mr. Brown seeks conditional collective-action certification of
this class of similarly situated persons:
All persons who worked for Defendants as servers and
bartenders at their restaurant SeaDog Brewing Company during
the three (3) years preceding this lawsuit and who, as a
result of Defendants' policy of requiring servers and
bartenders to share their tips with employees who do not
customarily and regularly receive tips, earned less than the
applicable minimum regular and overtime wage for one or more
weeks during the Relevant Time Period.
Mr. Brown also asks the Court to direct the Defendants to produce
to his counsel within 20 days a list containing the names and last
known addresses of putative class members, who worked for the
Defendants during the last three years.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=dQOGK7TT
The Plaintiff is represented by:
Robert W. Brock II, Esq.
LAW OFFICE OF LOWELL J. KUVIN
17 East Flagler Street, Suite 223
Miami, FL 33131
Telephone: (305) 358-6800
Facsimile: (305) 358-6808
E-mail: robert@kuvinlaw.com
The Defendants are represented by:
Martha Gaythwaite, Esq.
VERRILL DANA, LLP
One Portland Square
PO Box 586
Portland ME 04112-0586
Telephone: (207) 774-4000
Facsimile: (207) 774-7499
E-mail: mgaythwaite@verrilldana.com
SEARS HOME: Certification of Class Sought in "Coleman" Suit
-----------------------------------------------------------
Anthony and Eva Coleman individually and on behalf of others
similarly situated ask the Court to confirm class certification in
the lawsuit entitled ANTHONY COLEMAN AND AVA COLEMAN v. SEARS HOME
IMPROVEMENT PRODUCTS, INC., Case No. 2:16-cv-02537-NJB-MBN (E.D.
La.). The Plaintiffs ask that the Court certify this class:
"All homeowners who live in a wind zone with a minimum wind
uplift resistance of over 60 MPH or greater who were sold
Owens-Corning Supreme 3-tab shingle roofs by Sears Home
Improvement Products, Inc. between January 1, 2006 and
today."
The Plaintiffs tell the Court that they have also filed a motion
to extend the deadline for plaintiffs to file a motion to certify
the class because the Defendant has not provided adequate or
complete Rule 26 disclosures, has not responded to a pending
subpoena and has not responded to pending discovery and because
the information that it has not provided is relevant to the Motion
to Certify.
The Plaintiffs also want to be appointed as Class Representatives
and their counsel as Class Counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=B9Kjwtxa
The Plaintiffs are represented by:
Caleb H. Didriksen, III, Esq.
Erin Bruce Saucier, Esq.
Carl A. Woods, III, Esq.
Jeremy J. Pichon, Esq.
Michael Finkelstein, Esq.
DIDRIKSEN, SAUCIER, WOODS & PICHON, PLC
3114 Canal Street
New Orleans, LA 70119
Telephone: (504) 586-1600
E-mail: caleb@dswplaw.com
erin@dswplaw.com
trey@dswplaw.com
jeremy@dswplaw.com
michael@dswplaw.com
SEECO INC: Thomas Files Appeal From Ruling in "Smith" Class Suit
----------------------------------------------------------------
Intervenor Plaintiff Jeannie Vanette Hill Thomas filed an appeal
from a court ruling in the lawsuit styled Connie Smith v. SEECO,
Inc., et al., Case No. 4:14-cv-00435-BSM, in the U.S. District
Court for the Eastern District of Arkansas - Little Rock.
As reported in the Class Action Reporter, the complaint alleges
claims for breach of contract.
The appellate case is captioned as Connie Smith v. SEECO, Inc., et
al., Case No. 16-2798, in the United States Court of Appeals for
the Eighth Circuit.
Plaintiff-Appellee Connie Jean Smith is represented by:
Ben H. Caruth, Esq.
GORDON, CARUTH & VIRDEN, PLC
Post Office Box 558
Morrilton, AR 72110-0558
Telephone: (501) 354-0125
E-mail: bcaruth@gcvlaw.com
- and -
Edward Allen Gordon, Esq.
GORDON & CARUTH
105 S. Moose Street
P.O. Box 558
Morrilton, AR 72110-0558
Telephone: (501) 354-0125
E-mail: agordon@gcvlaw.com
- and -
Brian L. Cramer, Esq.
MATTINGLY & ROSELIUS
13182 N. MacArthur Boulevard
Oklahoma, OK 73142
Telephone: (405) 603-222
E-mail: brian@mroklaw.com
- and -
Erik P. Danielson, Esq.
DANIELSON LAW FIRM, PLLC
Post Office Box 1150
Booneville, AR 72927
Telephone: (479) 935-8060
E-mail: erik.danielson@danielsonlawfirm.com
- and -
Sean M. Handler, Esq.
KESSLER TOPAZ MELTZER & CHECK, LLP
280 King of Prussia Road
Radnor, PA 19087
Telephone: (610) 667-7706
E-mail: shandler@ktmc.com
- and -
Tanner W. Hicks, Esq.
Jack A. Mattingly, Jr., Esq.
MATTINGLY & ROSELIUS
13182 N. MacArthur Boulevard
Oklahoma, OK 73142
Telephone: (405) 603-222
E-mail: tanner@mroklaw.com
jackjr@mroklaw.com
- and -
Brad E. Seidel, Esq.
SEIDEL LAW FIRM, PC
6 Hedge Lane
Austin, TX 78746
Telephone: (512) 537-0903
Intervenor Plaintiff-Appellant Jeannie Vanette Hill Thomas is
represented by:
B. Michael Easley, Esq.
EASLEY & HOUSEAL PLLC
510 E. Cross Street
P.O. Box 1115
Forrest City, AR 72336-1115
Telephone: (870) 633-1447
- and -
Timothy Holton, Esq.
DEAL & COOPER
296 Washington Avenue
Memphis, TN 38103
Telephone: (901) 523-2222
E-mail: tholton@holtonlaw.com
- and -
Elliott Dion Wilson, Esq.
WILSON & VALLEY
423 Rightor Street
Helena, AR 72342-0000
Telephone: (870) 338-6487
Defendant-Appellee SEECO, Inc., Now known as SWN Production
(Arkansas), LLC, is represented by:
Jess Askew, III, Esq.
Frederick H. Davis, Esq.
Andrew King, Esq.
KUTAK & ROCK
124 W. Capitol Avenue, Suite 2000
Little Rock, AR 72201
Telephone: (501) 975-3000
E-mail: Askew@KutakRock.com
Frederick.Davis@KutakRock.com
Andrew.King@KutakRock.com
- and -
Matthew K. Hansen, Esq.
Michael Vance Powell, Esq.
LOCKE & LORD
2200 Ross Avenue, Suite 2800
Dallas, TX 75201-6776
Telephone: (214) 740-8496
E-mail: mkhansen@lockelord.com
mpowell@lockelord.com
Defendants-Appellees Desoto Gathering Company, LLC, Southwestern
Energy Services Company and Southwestern Energy Company are
represented by:
Thomas A. Daily, Esq.
DAILY & WOODS
623 Garrison Avenue
P.O. Box 1446
Fort Smith, AR 72902-1446
Telephone: (479) 782-0361
E-mail: tdaily@dailywoods.com
- and -
Robert K. Ellis, Esq.
R. Paul Yetter, Esq.
YETTER & COLEMAN LLP
909 Fannin
Houston, TX 77010
Telephone: (713) 632-8000
E-mail: rellis@yettercoleman.com
pyetter@yettercoleman.com
- and -
Marc S. Tabolsky, Esq.
SCHIFFER & ODOM
700 Louisiana
Houston, TX 77002
Telephone: (713) 357-5150
SUNRUN INC: Faces "Steinberg" Suit Over Misleading Fin'l Reports
----------------------------------------------------------------
Chaile Steinberg, individually and on behalf of all others
similarly situated v. Sunrun Inc., Lynn Jurich, Bob Komin, Edward
Fenster, Jameson McJunkin, Gerald Risk, Steve Vassallo, and
Richard Wong, Case No. CIV539064 (Cal. Super. Ct., June 10, 2016),
alleges that the Defendants made false and misleading statements,
as well as failed to disclose material adverse facts about the
Company's business, operations, and prospects.
Sunrun Inc. describes itself on its website as "the largest
dedicated residential solar company in the United States."
The Plaintiff is represented by:
Mark C. Molumphy, Esq.
Alexandra P. Summer, Esq.
COTCHETT, PITRE & MCCARTHY LLP
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Telephone: (650) 697-6000
Facsimile: (650) 697-0577
E-mail: mmolumphy@cpmlegal.com
asummer@cpmlegal.com
- and -
Seth D. Rigrodsky, Esq.
Timothy J. MacFall, Esq.
RIGRODSKY & LONG, P.A.
825 East Gate Boulevard, Suite 300
Garden City, NY 11530
Telephone: (516) 683-3516
Facsimile: (302) 654- 7530
E-mail: sdr@rigrodskylong.com
tjm@rigrodskylong.com
SUPER GOURMET: Fails to Pay Employees Overtime, "Perez" Suit Says
-----------------------------------------------------------------
Victor Franco Perez, Jesus Castellanos Mendez, Abelardo Laureano
Mendez, Apolinar Vaquero, and Jose Luis Rodriguez Flores,
individually and on behalf of others similarly situated v. Super
Gourmet Food Corp. d/b/a Thunder Jackson's, Philip Ventura,
Anthony Morabito, and Kevin Farraher, Case No. 1:16-cv-04375-AKH
(S.D.N.Y., June 10, 2016), is brought against the Defendants for
for failure to pay overtime wages for work in excess of 40 hours
per week.
The Defendants own and operate a bar/restaurant located at 169
Bleecker Street, New York, New York 10012.
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, PC
60 East 42nd Street, Suite 2540
New York, NY 10165
Telephone: (212) 317-1200
E-mail: Michael@Faillacelaw.com
TAMPA HUB: "Jackson" Suit Seeks to Recover Unpaid Wages & Damages
-----------------------------------------------------------------
Ashleigh Jackson, on behalf of herself and those similarly
situated v. Tampa Hub Corporation d/b/a Crab Shack, and Michele
Brave, Case No. 8:16-cv-01595-EAK-MAP (M.D. Fla., June 16, 2016),
seeks to recover unpaid minimum wages, an additional equal amount
as liquidated damages, and to obtain declaratory relief, and
reasonable attorney's fees and costs and relief pursuant to the
Fair Labor Standards Act.
The Defendants own and operate a Crab Shack Restaurant, located at
11400 Gandy Blvd., St. Petersburg, Florida.
The Plaintiff is represented by:
Marc R. Edelman, Esq.
MORGAN & MORGAN, P.A.
201 N. Franklin Street, #700
Tampa, FL 33602
Telephone: (813) 223-5505
Facsimile: (813) 257-0572
E-mail: Medelman@forthepeople.com
TALMER BANCORP: Sued in Mich. Over Misleading Financial Reports
---------------------------------------------------------------
City of Livonia Employees' Retirement System, individually and on
behalf of all others similarly situated v. Talmer Bancorp, Inc.,
Chemical Financial Corporation, Gary Torgow, David T. Provost,
Gary S. Collins, Max A. Berlin, Jennifer M. Granholm, Paul E.
Hodges III, Ronald A. Klein, Barbara J. Mahone, Robert H. Naftaly,
Albert W. Papa, Thomas L. Schellenberg and Arthur A. Weiss, Case
No. 1:16-cv-12229-TLL-PTM (E.D. Mich., June 16, 2016), alleges
that the Defendants made false and misleading statements, as well
as failed to disclose material adverse facts about the Company's
business, operations, and prospects.
Talmer Bancorp, Inc. operates through branches and lending offices
in Michigan, Ohio, Illinois, Indiana and Nevada, and offers a full
suite of commercial and retail banking, mortgage banking, wealth
management and trust services to small and medium-sized businesses
and individuals.
The Plaintiff is represented by:
David J. Shea, Esq.
SHEA AIELLO, PLLC
26100 American Drive 2nd Floor
Southfield, MI 48034
Telephone: (248) 354-0224
Facsimile: (248) 354-0440
E-mail: david.shea@sadplaw.com
- and -
David T. Wissbroecker, Esq.
Edward M. Gergosian, 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: DWissbroecker@rgrdlaw.com
EGergosian@rgrdlaw.com
- and -
Thomas C. Michaud, Esq.
VANOVERBEKE MICHAUD & TIMMONY, P.C.
79 Alfred Street
Detroit, MI 48201
Telephone: (313) 578-1200
Facsimile: (313) 578-1201
E-mail: tmichaud@vmtlaw.com
TIME WARNER: Gubala Appeals From E.D. Wisconsin Order to 7th Cir.
-----------------------------------------------------------------
Derek Gubala filed an appeal from a court ruling entered in his
lawsuit titled Derek Gubala v. Time Warner Cable, Inc., Case No.
2:15-cv-01078-PP, in the U.S. District Court for the Eastern
District of Wisconsin.
As previously reported in the Class Action Reporter on June 30,
2016, the District Court dismissed the Case, which accused Time
Warner Cable of keeping subscribers' personal information after
they ended their cable service.
Mr. Gubala, formerly of Oak Creek, claimed that Time Warner Cable
kept personal identifiable information such as names and
addresses, birth dates, Social Security numbers and credit card
accounts of former customers, in violation of the Cable
Communications Policy Act. He accused Time Warner Cable of
putting former customers at risk of identity theft and other
dangers.
On June 17, U.S. District Judge Pamela Pepper dismissed the case,
citing the U.S. Supreme Court's recent ruling in a case involving
a Virginia man, who sued the internet search firm Spokeo for
posting false information about people.
The appellate case is captioned as Derek Gubala v. Time Warner
Cable, Inc., Case No. 16-2613, in the U.S. Court of Appeals for
the Seventh Circuit.
Plaintiff-Appellant Derek Gubala is represented by:
Joseph Siprut, Esq.
SIPRUT PC
17 N. State Street
Chicago, IL 60602
Telephone: (312) 236-0000
E-mail: jsiprut@siprut.com
Defendant-Appellee Time Warner Cable is represented by:
Bryan A. Merryman, Esq.
WHITE & CASE, LLP
555 S. Flower Street
Los Angeles, CA 90071
Telephone: (213) 620-7700
E-mail: bmerryman@whitecase.com
TIMOTHY BAXTER: Class Certification Bid Filed in "Pryor" Suit
-------------------------------------------------------------
The Plaintiffs in the lawsuit captioned DANIEL PRYOR et al., v.
LAW OFFICES OF TIMOTHY E. BAXTER & ASSOCIATES, P.C. et al., Case
No. 1:13-cv-01330-RJJ (W.D. Mich.), filed their renewed motion for
class certification.
In their corrected first amended complaint, the Plaintiffs have
alleged violations of the federal Fair Debt Collection Practices
Act. The Case is a putative class action, based on the core
theory that the Defendants routinely violated Michigan garnishment
law by claiming garnishment costs as due before they established
their right to do so as prevailing parties on the garnishments
themselves, contrary to Michigan Court Rule 3.101(R)(2).
The Plaintiffs propose two classes:
A "General Class" comprised of all judgment debtors who
were subject to a Michigan garnishment that: (1) was
signed by Law Offices of Timothy E. Baxter & Associates,
P.C.; (2) was filed during the class period; and (3) had
included in the amount of the unsatisfied judgment then
due (a) the costs of that garnishment, or (b) the costs of
a prior garnishment before Law Offices of Timothy E.
Baxter & Associates, P.C. had received either (i) a
disclosure for the prior garnishment indicating the
garnishee owed money to, held property of, or employed the
judgment debtor, or (ii) actual payment on the prior
garnishment from the garnishee.
A "Midland Subclass" comprised of all judgment debtors who
were subject to a Michigan garnishment that: (1) was
signed by Law Offices of Timothy E. Baxter & Associates,
P.C. to collect a judgment payable to Midland Funding LLC,
(2) was filed during the class period; and (3) had
included in the amount of the unsatisfied judgment then
due (a) the costs of that garnishment, or (b) the costs of
a prior garnishment before Law Offices of Timothy E.
Baxter & Associates, P.C. had received either (i) a
disclosure for the prior garnishment indicating the
garnishee owed money to, held property of, or employed the
judgment debtor, or (ii) actual payment on the prior
garnishment from the garnishee.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=IYA2wz0M
The Plaintiffs are represented by:
Phillip C. Rogers, Esq.
40 Pearl Street, N.W., Suite 336
Grand Rapids, MI 49503-3026
Telephone: (616) 776-1176
E-mail: ConsumerLawyer@aol.com
- and -
Michael O. Nelson, Esq.
NELSON LAW GROUP LLC
1104 Fuller N.E.
Grand Rapids, MI 49503
Telephone: (616) 559-2665
E-mail: mike@mnelsonlaw.com
TOSHIBA AMERICA: Bid to Certify Class in Pierce-Nunes Suit Denied
-----------------------------------------------------------------
The Hon. Dolly M. Gee denied Plaintiff Aurelio Diaz's motion for
class certification in the lawsuit styled Stacey Pierce-Nunes, et
al. v. Toshiba America Information Systems, Inc., et al., Case No.
2:14-cv-07242-DMG-KS (C.D. Cal.).
Judge Gee also denied Mr. Diaz's motion to strike the Defendants'
Exhibit 16 as moot -- the Court did not rely upon Exhibit 16 to
resolve the Motion. Similarly, the Court denied his request for
judicial notice because the Court did not rely on the documents.
On July 7, 2015, Plaintiff Aurelio Diaz, on behalf of himself and
all others similarly situated, filed the operative Second Amended
Complaint alleging violations of the California Unfair Competition
Law; California False Advertising Law; California
Consumers Legal Remedies Act; and Florida Deceptive and Unfair
Trade Practices Act. The SAC alleges that Defendants Toshiba
America Information Systems, Inc., Toshiba Corporation, and
Toshiba Lifestyle Products & Services Corporation falsely marketed
and advertised Toshiba-brand televisions as "LED TVs," "LED
HDTVs," or "LED televisions."
In his Motion, Mr. Diaz moves to certify this nationwide class:
All persons who purchased, for personal use and not resale,
within the United States, a Toshiba-brand LED-lit LCD
television on or after January 1, 2010 up through any trial
of this matter. The proposed class excludes any person or
entity related to or affiliated with Toshiba or who
purchased such televisions for re-sale (e.g., retailers) and
any assigned judicial officer or staff and their immediate
families.
Among other things, Judge Gee opined that Mr. Diaz has failed to
provide any evidence that he relied on the Defendants' advertising
and product packaging when he decided to purchase an LED TV. Mr.
Diaz testified that he decided to purchase an LED TV prior to
arriving at Best Buy based on advertisements, which he had
difficulty remembering.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=8Sq8PzpA
TRACY, CA: "Knight" Suit Seeks to Recover Unpaid Overtime Wages
---------------------------------------------------------------
Ryan Knight, on behalf of himself and all similarly situated
individuals v. City of Tracy, Case No. 2:16-cv-01290-WBS-EFB (E.D.
Cal., June 10, 2016), seeks to recover unpaid overtime and other
compensation, interest thereon, liquidated damages, costs of suit
and reasonable attorney fees pursuant to the Fair Labor Standards
Act.
City of Tracy is a political subdivision of the State of
California.
The Plaintiff is represented by:
David E. Mastagni, Esq.
Isaac S. Stevens, Esq.
Ace T. Tate, Esq.
MASTAGNI HOLSTEDT
A Professional Corporation
1912 "I" Street
Sacramento, CA 95811
Telephone: (916) 446-4692
Facsimile: (916) 447-4614
E-mail: dmastagni@mastagni.com
istevens@mastagni.com
atate@mastagni.com
TROJAN HORSE: Cert. of Plan Members Class Sought in "Longo" Suit
----------------------------------------------------------------
Plaintiffs Allen F. Hester, Carl W. Swanson, and Steven L. White,
individually and on behalf of all others similarly situated, move
the Court for an order certifying the action styled GARIBALDI E.
LONGO, ALLEN F. HESTER, CARL W. SWANSON, and STEVEN L. WHITE,
individually and on behalf all others similarly situated v. TROJAN
HORSE LTD.; GLEN BURNIE HAULING INC.; CAPITOL EXPRESSWAYS, INC.;
BDH LOGISTICS LLC; BRIAN HICKS; TROJAN HORSE LTD. 401(K) PLAN; and
ASCENSUS TRUST COMPANY, Case No. 5:13-cv-418-BO (E.D.N.C.), as a
class action, on behalf of "Classes" and "Class Members" defined
as:
All Participants in the Plan who contributed to the Plan
through payroll deduction, from January 1, 2011 to present.
The Plaintiffs also ask the Court to appoint them as Class
Representatives, and to appointing their counsel as class counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=i13LGnJq
The Plaintiffs are represented by:
Stephen A. Dunn, Esq.
S. Michael Dunn, Esq.
EMANUEL & DUNN
Post Office Box 426
Raleigh, NC 27602
Telephone: (919) 832-0329
Facsimile: (919) 832-6731
E-mail: sdunn@emanuelanddunn.com
mdunn@emanuelanddunn.com
- and -
Steven R. Jaffe, Esq.
Mark S. Fistos, Esq.
FARMER, JAFFE, WEISSING, EDWARDS, FISTOS
& LEHRMAN, P.L.
425 North Andrews Avenue, Suite 2
Fort Lauderdale, FL 33301
Telephone: (954) 524-2820
Facsimile: (954) 524-2822
E-mail: steve@pathtojustice.com
mark@pathtojustice.com
UEBT RETIREE: Wins Final OK of $800K "Barling" Suit Settlement
--------------------------------------------------------------
The Hon. Vince Chhabria entered a final order and judgment
confirming certification of settlement class, finally approving
settlement, approving payment of case contribution award to the
Plaintiff, and approving payment of fees and costs to class
counsel in the lawsuit captioned HAROLD BARLING, on behalf of
himself and all others similarly situated v. UEBT RETIREE HEALTH
PLAN, UFCW & EMPLOYERS BENEFIT TRUST FUND, and BOARD OF TRUSTEES
OF THE UFCW & EMPLOYERS BENEFIT TRUST, Case No. 3:14-cv-04530 (VC)
(N.D. Cal.).
The Case will be maintained as a class action for settlement
purposes on behalf of this class of plaintiffs:
All retired Medicare-eligible participants in the Defendant
Plan whose Plan benefits were reduced by deductibles and/or
co-insurance payments at any time between October 1, 2010
and February 28, 2013.
With respect to this cause of action: Claim for benefits
pursuant to Section 502(a)(1)(B) of the Employee Retirement
Income Security Act, alleging that the Plan was not
permitted to reduce the benefits of Medicare-eligible
retirees by application of deductible and coinsurance
requirements prior to March 1, 2013.
Harold Barling is confirmed as class representative and Renaker
Hasselman LLP and Bolt Keenley Kim LLP are confirmed as counsel
for the class. Class members may not exclude themselves from the
class.
The Settlement is approved and class counsel is directed to ensure
compliance with its terms, which are summarized as:
-- Creation of Settlement Fund. A settlement fund of $800,000
will be established.
-- Settlement Administration. Class counsel's selection of
the settlement administrator was obtained through a
reasonable and diligent bidding process. The proposed
costs and fees to be paid to the settlement administrator
are reasonable. Accordingly, class counsel is authorized
to direct payment of up to $53,646 from the settlement fund
to the settlement administrator.
-- Allocation of Settlement Fund. The settlement
administrator will allocate the settlement fund, with
interest and net of costs of settlement administration,
among the class members in proportion to each class
member's incurred liability for deductibles and
co-insurance as stated by the Plan Administrator, except
that any class member whose incurred liability is less
than $5 will not receive an allocation.
-- Settlement Payments. The settlement administrator will
mail checks to the class members within 30 days after it
receives the settlement fund.
-- Uncashed Checks. Settlement checks will expire 90 days
after issuance. The value of expired checks will revert to
the Plan. The Settlement administrator will call up to
3,500 class members in order of the check amount, from
highest to lowest. If the initial round of calls is fewer
than 3500 calls, then class counsel may direct additional
calls following the reports at 60 days and/or 75 days, up
to a total of 3500 calls.
-- Released Claims. Upon the effective date of the
settlement, Mr. Barling and the class members release any
claims against Defendant based on the facts, claims,
transactions, and allegations in the complaint and arising
before final approval.
-- Class Representative Contribution Payment. The Plaintiff
and class counsel have requested approval of a $10,000 case
contribution payment to Mr. Barling, to be paid by the
Defendants separate from the settlement fund. The amount
has been transferred by the Defendants to class counsel's
client trust account. The amount reflects the substantial
time and costs incurred by Mr. Barling to pursue the
litigation on behalf of the class. Class counsel is
authorized to direct payment of the $10,000 to Mr. Barling;
and
-- Attorneys' Fees and Costs. The Plaintiff and class counsel
seek an award of $175,000 in fees and costs to be paid by
Defendants separate from the settlement fund. This is a
reasonable amount, both when considered against class
counsel's lodestar fees and when considered as a percentage
of the total recovery, and it reflects class counsel's
substantial commitment of time and resources to the case
and is hereby approved. The Defendants are ordered to make
payment of $175,000 to class counsel in accordance with the
terms of the settlement agreement.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=XWw2guj0
The Plaintiff is represented by:
Teresa S. Renaker, Esq.
RENAKER HASSELMAN LLP
235 Montgomery St., Suite 944
San Francisco, CA 94104
Telephone: (415) 653-1733
E-mail: teresa@renakerhasselman.com
- and -
James P. Keenley, Esq.
BOLT KEENLEY KIM LLP
1010 Grayson Street, Suite Three
Berkeley, CA 94710
Telephone: (510) 225-0696
Facsimile: (510) 225-1095
E-mail: jkeenley@bkkllp.com
UNION HOSPITAL: Faces "Geraci" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Sarah J. Geraci, individually and on behalf of others similarly
situated v. Union Hospital, Inc., Case No. 2:16-cv-00207-JMS-MJD
(S.D. Ind., June 10, 2016), is brought against the Defendants for
failure to pay overtime wages in violation of the Fair Labor
Standards Act.
Union Hospital, Inc. is a non-profit, community hospital in Dover
Ohio.
The Plaintiff is represented by:
Robert P. Kondras Jr., Esq.
100 Cherry Street
Terre Haute, IN 47807
Telephone: (812) 232-9691
Facsimile: (812) 234-2881
E-mail: kondras@huntlawfirm.net
UNITED ONLINE: Faces "Palkon" Suit Over Proposed B. Riley Merger
----------------------------------------------------------------
Dennis Palkon, on behalf of himself and all others similarly
situated v. Howard G. Phanstiel, Robert Berglass, James T.
Armstrong, Kenneth L. Coleman, Carol A. Scott, Andrew D. Miller,
Kenneth D. Denman, B. Riley Financial, Inc., and Unify Merger Sub,
Inc., Case No. 2:16-cv-04168-BRO-SS (C.D. Cal., June 10, 2016), is
brought on behalf of all public stockholders of United Online,
Inc. to enjoin the proposed sale of the Company to B. Riley
Financial, Inc., at an unfair price through an unfair process.
United Online, Inc. through its operating subsidiaries, provides
consumer services and products over the Internet under a number of
brands, including NetZero, Juno, MyPoints.com, Inc., StayFriends
GmbH, and Trombi Acquisition SARL.
B. Riley Financial, Inc. is a Delaware corporation that provides
collaborative financial services.
The Plaintiff is represented by:
Brian J. Robbins, Esq.
Stephen J. Oddo, Esq.
ROBBINS ARROYO LLP
600 B Street, Suite 1900
San Diego, CA 92101
Telephone: (619) 525-3990
Facsimile: (619) 525-3991
E-mail: brobbins@robbinsarroyo.com
soddo@robbinsarroyo.com
- and -
Richard A. Maniskas, Esq.
RYAN & MANISKAS
995 Old Eagle School Road, Suite 311
Wayne, PA 19087
Telephone: (484) 588-5516
Facsimile: (484) 450-2582
E-mail: rmaniskas@rmclasslaw.com
UNITED ONLINE: Faces Jeweltex Suit Over Proposed B. Riley Merger
----------------------------------------------------------------
Jeweltex Manufacturing Inc. Retirement Plan, on behalf of itself
and all others similarly situated v. United Online, Inc., James T.
Armstrong, Robert Berglass, Kenneth L. Coleman, Kenneth Denman,
Jeffrey Goldstein, Andrew D. Miller, Howard G. Phanstiel, Carol A.
Scott, B. Riley Financial, Inc. and Unify Merger Sub, Inc., Case
No. 12449 (Del. Ch. Ct., June 10, 2016), is brought on behalf of
all public stockholders of United Online, Inc. to enjoin the
proposed sale of the Company to B. Riley Financial, Inc., for an
inadequate consideration and without providing material
information necessary for United's stockholders to make an
informed decision regarding whether or not to tender their shares.
United Online, Inc. through its operating subsidiaries, provides
consumer services and products over the Internet under a number of
brands, including NetZero, Juno, MyPoints.com, Inc., StayFriends
GmbH, and Trombi Acquisition SARL.
B. Riley Financial, Inc. is a Delaware corporation that provides
collaborative financial services.
The Plaintiff is represented by:
Seth D. Rigrodsky, Esq.
Brian D. Long, Esq.
Gina M. Serra, Esq.
Jeremy J. Riley, Esq
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Telephone: (302) 295-5310
E-mail: sdr@rl-legal.com
bdl@rl-legal.com
gms@rl-legal.com
jjr@rl-legal.com
- and -
Richard A. Acocelli, Esq.
Michael A. Rogovin, Esq.
Kelly C. Keenan, Esq.
WEISSLAW LLP
1500 Broadway, 16th Floor
New York, NY 10036
Telephone: (212) 682-3025
E-mail: racocelli@weisslawllp.com
mrogovin@weisslawllp.com
US DISTRICT COURTS: Appeal Filed From Ruling in "Wulfe" Suit
------------------------------------------------------------
David Wulfe filed an appeal from a court ruling relating to the
lawsuit entitled David Wulfe, as individually and on behalf of
others similarly situated v. USDC-CALA, Case No. 2:12-cv-05971-
MWF-E, in the U.S. District Court for the Central District of
California, Los Angeles.
The Respondent is the U.S. District Court for the Central District
of California, Los Angeles.
The appellate case is captioned as David Wulfe v. USDC-CALA, Case
No. 16-71977, in the United States Court of Appeals for the Ninth
Circuit.
Petitioner David Wulfe is represented by:
Peter M. Hart, Esq.
LAW OFFICES OF PETER M. HART
12121 Wilshire Blvd., Suite 205
Los Angeles, CA 90025
Telephone: (310) 478-5789
E-mail: hartpeter@msn.com
- and -
Stephanie Emi Yasuda, Esq.
Kenneth H. Yoon, Esq.
LAW OFFICES OF KENNETH H. YOON
One Wilshire Boulevard
Los Angeles, CA 90017-3383
Telephone: (213) 612-0988
E-mail: syasuda@yoonlaw.com
Real Party in Interests Valero Refining Company - California and
Valero Services, Inc., are represented by:
Paul Berkowitz, Esq.
Thomas Roy Kaufman, Esq.
SHEPPARD MULLIN RICHTER & HAMPTON LLP
1901 Avenue of the Stars
Los Angeles, CA 90067-6001
Telephone: (310) 228-3700
E-mail: pberkowitz@sheppardmullin.com
tkaufman@sheppardmullin.com
VITA CORE: Presswood Seeks to Certify Class of Fax Ads' Receivers
-----------------------------------------------------------------
The Plaintiff in the lawsuit captioned ALAN PRESSWOOD, D.C., P.C.,
individually and on behalf of all others similarly-situated v.
VITA CORE HEALTH, LLC, TREVOR FARNES and JOHN DOES 1-10, Case No.
4:16-cv-00935-JAR (E.D. Mo.), asks that the Court certify a class,
so the common claims of the Class members, based on a uniform
legal theory and factual allegations applicable to all Class
members, can be resolved on a class-wide basis. 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 by or on behalf of
Defendants any telephone facsimile transmissions of material
making known the commercial existence of, or making
qualitative statements regarding any property, goods, or
services (3) with respect to whom Defendants cannot provide
evidence of prior express permission or invitation for the
sending of such faxes, (4) with whom Defendants does not
have an established business relationship or (5) which were
sent an advertisement by fax which did not display a proper
opt out notice.
The Plaintiff also asks the Court to appoint it as Class
Representative, and its attorneys as Class Counsel. The Plaintiff
further asks that the Court allow it additional time, for
completion of discovery related to class certification issues, to
file an Amended Class Certification Motion and Memorandum of Law.
In the alternative if the Court determines that the Motion be
dismissed without prejudice as being premature, the Plaintiff asks
that the Court issue an order that the Defendant not be allowed to
make an offer of judgment or a settlement offer until the Court
sets a scheduling order and the Plaintiff is allowed time to
conduct discovery and file a future class certification motion
pursuant to the Court's scheduling order and that the future class
certification motion will relate back to the filing of the
original class certification motion.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=FcUJcjgN
The Plaintiff is represented by:
Max G. Margulis, Esq.
MARGULIS LAW GROUP
28 Old Belle Monte Rd.
Chesterfield, MO 63017
Telephone: (636) 536-7022
Facsimile: (636) 536-6652
E-mail: MaxMargulis@MargulisLaw.com
- and -
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
WAL-MART STORES: Certification of Class Sought in "Swank" Suit
--------------------------------------------------------------
The Plaintiffs in the lawsuit titled ANDREW SWANK et al., on
behalf of all those similarly situated v. WAL-MART STORES, INC.,
Case No. 2:13-cv-01185-MRH (W.D. Pa.), move for class
certification under Rule 23 of the Federal Rules of Civil
Procedure and for conditional certification under the Fair Labor
Standards Act.
Andrew Swank, et al., allege that they were misclassified as
exempt from the overtime protections of the Pennsylvania Minimum
Wage Act and the FLSA. They seek to certify this class:
"All persons employed by Wal-Mart as Assistant Managers
within the State of Pennsylvania from August 16, 2010 until
the date of the Court's class certification order."
The Plaintiffs also ask the Court to appoint Plaintiffs Andrew
Swank and Sean McCracken, as class representatives and appoint
Goldstein, Borgen, Dardarian & Ho and The Employment Rights Group
as class counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=KoOYumpT
The Plaintiffs are represented by:
Laura L. Ho, Esq.
David A. Borgen, Esq.
William C. Jhaveri-Weeks, Esq.
Megan E. Ryan, Esq.
Katharine L. Fisher, Esq.
GOLDSTEIN, BORGEN, DARDARIAN & HO
300 Lakeside Drive, Suite 1000
Oakland, CA 94612
Telephone: (510) 763-9800
Facsimile: (510) 835-1417
E-mail: lho@gbdhlegal.com
borgendborgen@gbdhlegal.com
wjhaveriweeks@gbdhlegal.com
mryan@gbdhlegal.com
kfisher@gbdhlegal.com
- and -
Joseph H. Chivers, Esq.
THE EMPLOYMENT RIGHTS GROUP
100 First Avenue, Suite 650
Pittsburg, PA 15222
Telephone: (412) 227-0763
Facsimile: (412) 281-8481
- and -
John R. Linkosky, Esq.
JOHN LINKOSKY & ASSOCIATES
715 Washington Avenue
Carnegie, PA 15106
Telephone: (412) 278-1280
Facsimile: (412) 278-1282
E-mail: Linklaw@comcast.net
WEATHERFORD INT'L: Certification of Class Sought in "Bowman" Suit
-----------------------------------------------------------------
The Plaintiffs in the lawsuit captioned SHANNON BOWMAN,
Individually and on Behalf of All Others Similarly Situated v.
WEATHERFORD INTERNATIONAL LLC, and PRECISION ENERGY SERVICES,
INC., Case No. 4:16-cv-00918 (S.D. Tex.), moves the Court for
conditional certification as a Fair Labor Standards Act collective
action. The Plaintiffs ask that the Court grant conditional
certification for this category of individuals under the FLSA:
"All current and former Real Time Operating Center Technical
Specialists who have worked for Weatherford International
LLC and Precision Energy Services, Inc. within the past
three years and:
Were paid a base salary and a daily bonus for full or
partial-days worked; and
Worked more than forty (40) hours in workweeks without
being paid overtime premium wages for the hours worked over
forty (40)."
Over the past three years, the Plaintiffs allege, the Defendants
Weatherford International LLC and Precision Energy Services, Inc.,
have violated the Fair Labor Standards Act by misclassifying their
Real Time Operating Center Technical Specialists as exempt from
FLSA's overtime requirements.
The Plaintiffs also ask that the Court approve their proposed
Notice and Consent Forms, and compel the Defendants to promptly
turn over the contact information necessary to issue the Notices.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=vpjCH4BK
The Plaintiffs are represented by:
Michael A. Starzyk, Esq.
April L. Walter, Esq.
Amber L. Karns, Esq.
STARZYK & ASSOCIATES, P.C.
10200 Grogan's Mill Rd., Suite 300
The Woodlands, TX 77380
Telephone: (281) 364-7261
Facsimile: (281) 364-7533
E-mail: mstarzyk@starzyklaw.com
awalter@starzyklaw.com
akarns@starzyklaw.com
Defendants Weatherford International, LLC and Precision Energy
Services, Inc., are represented by:
David B. Jordan, Esq.
J. Allen Douglas, Esq.
Kevin Little, Esq.
LITTLER MENDELSON, P.C.
1301 McKinney Street
Houston, TX 77010
Telephone: (713) 951-9400
Facsimile: (713) 951-9212
E-mail: djordan@littler.com
adouglas@littler.com
klittle@littler.com
WENDY'S COMPANY: Faces Tech Credit Suit in Penn. Over Data Breach
-----------------------------------------------------------------
Tech Credit Union, on behalf of itself and all others similarly
situated v. The Wendy's Company, Wendy's Restaurants, LLC, and
Wendy's International, LLC, Case No. 2:16-cv-00854-MPK (W.D.
Penn., June 16, 2016), arises out Wendy's inadequate data security
measures and approach to data security resulting to a data breach.
The Defendants are engaged in the business of operating,
developing and franchising a system of quick-service restaurants.
The Plaintiff is represented by:
Gary F. Lynch, Esq.
Jamisen A. Etzel, Esq.
CARLSON LYNCH SWEET KILPELA & CARPENTER, LLP
1133 Penn Ave., 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
Facsimile: (412) 231-0246
E-mail: glynch@carlsonlynch.com
jetzel@carlsonlynch.com
- and -
James J. Pizzirusso, Esq.
Swathi Bojedla, Esq.
HAUSFELD LLP
1700 K St NW Suite 650
Washington, DC 20006
Telephone: (202) 540-7200
Facsimile: (202) 540-7201
E-mail: jpizzirusso@hausfeld.com
sbojedla@hausfeld.com
WEST BASIN: Faces NGL Transportation Suit Over Per Diem Charges
---------------------------------------------------------------
NGL Transportation LLC, Krisda, Inc., and FNS, Inc. on behalf of
themselves and all others similarly situated v. West Basin
Container Terminal, LLC, Pacific Maritime Services LLC, Maersk
Line, Ltd., Case No. 2:16-cv-04173-RGK-JEM (C.D. Cal., June 10,
2016), seeks restitution and disgorgement of all profits gained
by Defendants' unlawful and unfair levying of container usage,
pick-up and late return fees, called "demurrage" or "per diem"
charges, during a work slowdown by longshoremen at the Port of Los
Angeles and Port of Long Beach.
West Basin Container Terminal, LLC and Pacific Maritime Services
LLC operate a marine terminal in California.
Maersk Line, Ltd. is a Virginia company that owns and operates an
ocean vessel.
The Plaintiff is represented by:
Jason S. Hartley, Esq.
Jason M. Lindner, Esq.
Julie A. Kearns, Esq.
STUEVE SIEGEL HANSON LLP
550 West C Street, Ste. 1750
San Diego, CA 92101
Telephone: (619) 400-5822
E-mail: hartley@stuevesiegel.com
lindner@stuevesiegel.com
kearns@stuevesiegel.com
WEST LIBERTY: Faces "Leja" Suit Over Failure to Pay Overtime
------------------------------------------------------------
Adam Leja, individually and on behalf of all others similarly
situated v. West Liberty Foods, LLC, Case No. 1:16-cv-06086 (N.D.
Ill., June 10, 2016), is brought against the Defendant for failure
to pay overtime wages in violation of the Fair Labor Standards
Act.
West Liberty Foods, LLC is engaged in the meat processing business
and maintains a plant and other facilities for that purpose in
Bolingbrook, Illinois.
The Plaintiff is represented by:
Alejandro Caffarelli, Esq.
Madeline K. Engel, Esq.
CAFFARELLI & ASSOCIATES LTD.
224 N. Michigan Ave., Ste. 300
Chicago, IL 60604
Telephone: (312) 763-6880
E-mail: info@caffarelli.com
WESTLAKE SERVICES: Seeks Final OK of "Duchene" Suit Settlement
--------------------------------------------------------------
The parties in the lawsuit titled Pierce Duchene, on behalf of
himself and all others similarly situated v. Westlake Services,
LLC d/b/a Westlake Financial Services, Case No. 2:13-cv-01577-MRH
(W.D. Pa.), jointly move for the entry of an order granting final
approval of their class action settlement agreement.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=RcfH9kHm
The Plaintiff is represented by:
Stephen F. Taylor, Esq.
Sergei Lemberg, Esq.
LEMBERG LAW LLC
43 Danbury Road
Wilton, CT 06897
Telephone: (203) 653-2250
Facsimile: (203) 653-3424
The Defendant is represented by:
David L. Hartsell, Esq.
McGUIREWOODS LLP
77 West Wacker Dr., Suite 4100
Chicago, IL 60601-1818
Telephone: (312) 849-8100
Facsimile: (312) 849-3690
E-mail: dhartsell@mcguirewoods.com
- and -
Laura A. Lange, Esq.
MCGUIREWOODS, LLP
625 Liberty Avenue, 23rd Floor
Pittsburgh, PA 15222
Telephone: (412) 667-7941
Facsimile: (412) 667-7961
E-mail: llange@mcguirewoods.com
- and -
Seth A. Schaeffer, Esq.
MCGUIREWOODS LLP
One James Center
901 E. Cary Street
Richmond, VA 23219
Telephone: (804) 775-1174
Facsimile: (804) 698-2167
E-mail: sschaeffer@mcguirewoods.com
- and -
David L. Hartsell, Esq.
Sarah A. Zielinski, Esq.
McGuireWoods, LLP
77 West Wacker Dr., Suite 4100
Chicago, IL 60601-1818
Telephone: (312) 750-8898
Facsimile: (312) 920-6766
E-mail: dhartsell@mcguirewoods.com
szielinski@mcguirewoods.com
WOOD GROUP: "Dobbs" Class Suit Removed to East. Dist. California
----------------------------------------------------------------
The class action lawsuit entitled David Dobbs, individually, and
on behalf of all others similarly situated v. Wood Group PSN,
Inc., Case No. BCV-16-101078, was removed from the Kern County
Superior Court to the U.S. District Court Eastern District of
California. The District Court Clerk assigned Case No. 1:16-cv-
00838-LJO-JLT to the proceeding.
The Plaintiff asserts labor-related claims.
Wood Group PSN, Inc. is a provider of brownfield services to the
oil and gas industry.
The Plaintiff is represented by:
Daniel J. Park, Esq.
Douglas Han, Esq.
Shunt Tatavos-Gharajeh, Esq.
JUSTICE LAW CORPORATION
411 N. Central Ave., Suite 500
Glendale, CA 91203
Telephone: (818) 230-7502
Facsimile: (818) 230-7259
E-mail: dpark@justicelawcorp.com
dhan@justicelawcorp.com
statavos@justicelawcorp.com
- and -
Melissa Marie Samuel, Esq.
THE KULLMAN FIRM
4605 Bluebonnet Blvd, Suite A
Baton Rouge, LA 70809
Telephone: (225) 906-4243
Facsimile: (225) 906-4230
E-mail: mms@kullmanlaw.com
- and -
Rebecca K. Kimura, Esq.
Susan T. Kumagai, Esq.
LAFAYETTE & KUMAGAI LLP
1300 Clay Street, Suite 810
Oakland, CA 94612
Telephone: (415) 357-4600
Facsimile: (415) 357-4605
E-mail: rkimura@lkclaw.com
skumagai@lkclaw.com
XTO ENERGY: Faces "Holt" Suit Over Failure to Pay Overtime Wages
----------------------------------------------------------------
Wesley Holt and Raymond Smith, individually and on behalf of all
persons similarly situated v. XTO Energy, Inc., Case No. 7:16-cv-
00162-RAJ (W.D. Tex., June 16, 2016), is brought against the
Defendants for failure to pay overtime wages in violation of the
Fair Labor Standards Act.
XTO Energy, Inc. is a natural gas and oil producer with expertise
in developing tight gas, shale gas, coal bed methane and
unconventional oil resources throughout the United States.
The Plaintiff is represented by:
Christopher L. Williams, Esq.
WILLIAMS LITIGATION, LLC
639 Loyola Ave., Suite 1850
New Orleans, LA 70113
Telephone: (504) 308-1438
Facsimile: (504) 308-1446
E-mail: chris@williamslitigation.com
- and -
Shanon J. Carson, Esq.
Sarah R. Schalman-Bergen, Esq.
Alexandra K. Piazza, Esq.
Camille Fundora, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875-3000
Facsimile: (215) 875-4604
E-mail: scarson@bm.net
sschalman-bergen@bm.net
apiazza@bm.net
cfundora@bm.net
*********
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
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