/raid1/www/Hosts/bankrupt/CAR_Public/160711.mbx
C L A S S A C T I O N R E P O R T E R
Monday, July 11, 2016, Vol. 18, No. 137
Headlines
ALDI INC: Faces "Hackman" Suit in Wash. D.C.
ALLERGAN PLC: "Castillo" Claims Doxycycline, Digoxin Price Fixing
ALLERGAN PLC: Sued in Penn. Over Doxycycline & Digoxin Price Hike
ALLERGAN PLC: Impairs Competition in Asacol Drug, Value Drug Says
ALLERGAN PLC: Rochester Sues Over Asacol-Related Antitrust Issues
AMERICAN MEDICAL: Faces "Potter" Suit in Cal. Super. Ct.
AMERICAN MEDICAL: Certification of Class Sought in "Caldera" Suit
APPLIANCE RECYCLING: Bid to Dismiss 2nd Amended Suit Pending
APPLIANCE RECYCLING: Gray and Boller Action Remains Stayed
APPLIANCE RECYCLING: Continues to Monitor Case v. Whirlpool
ASD SPECIALTY: Appeal Filed From Ruling in Sandusky Class Suit
AVIS RENT: Ray Files Appeal From Ruling in "Schwartz" Class Suit
BANK OF AMERICA: Pension Fund Alleges Price Fixing of SSA Bonds
BENICIA, CA: Faces "Fein" Lawsuit Seeking OT Pay Under FLSA
BODY BASICS: Bradford Sues Over Unpaid Overtime and Minimum Wages
BOEHRINGER INGELHEIM: Faces "Brodo" Suit Over Pradaxa Concerns
BLOOMINGDALE'S INC: Rubini Seeks Unpaid Minimum Wages Under FLSA
BLUE CROSS: Faces "Zimmerman" Suit Over Illegal Market Allocation
BLUE CROSS: Appeal Filed From Ruling in "Barnard" ERISA Suit
BLUE CROSS: Appeals Attorney Fees & Cost Bid Denial to 7th Cir.
BROTHER INT'L: Hobbs Seeks Certification of Printer Owners Class
BUILDING SERVICE: "Varela" Suit Seeks to Recover Unpaid OT Wages
BUONA FORTUNA: "Tenegusnay" Suit Seeks Unpaid Overtime Under FLSA
BUZZI UNICEM: Faces "Delgado" Suit Alleging Violations of FCRA
CAFFE ITALIA: Faces "Cabanas" Lawsuit Alleging FLSA Violation
CALIFORNIA, USA: Accused of Failing to Refund Jury Fee Deposits
CARMAX AUTO: Fails to Pay Minimum and OT Wages, "Gomez" Suit Says
CARRINGTON COMPANIES: Faces "Santos" Suit in D.N.J.
CBS CORP: ABS Appeals Ruling in Sound Recordings Copyright Case
CHILDFIRST SERVICES: "Taylor" Suit Seeks OT Wages Under FLSA
CHINA COMMERCIAL: Underwriters Asserted Indemnification Rights
CITRUS HEIGHTS, CA: Faces "Drobish" Suit Seeking OT Pay
COMCAST CORP: Faces Cal. Lawsuit Alleging Violation of TCPA
COMMUNITY HEALTH: New York Retirees Appeal Ruling in Norfolk Suit
CONTINENTAL AUTOMOTIVE: West Seeks to Recover ERISA Plan Benefits
CPA GLOBAL: Faces Class Suit by Run Them Sweet in California
CVS PHARMACY: "Elmore" Suit Seeks Earned Wages Under Labor Code
DALLAS, TX: Topletz Brings Appeal to Tex. Appeals Ct.
DARDEN RESTAURANTS: "Tocci" Suit Seeks to Recover Unpaid Wages
DJM ADVISORY: Faces O.P. Schuman Suit in E.D. Penn.
DOMINO'S PIZZA: Faces "Pennington" Suit Over Failure to Pay OT
DORAKU BRICKELL: FLSA Class Certification Sought in "Caccavale"
DORAKU BRICKELL: Rule 23 Class Cert. Sought in "Caccavale" Suit
ELECTRO RENT: "Wadsworth" Suit Enjoins Merger with Platinum
EZCORP INC: 11th Cir. Appeal Filed From Ruling in "Ward" Suit
FIDELITONE LAST: Misclassified Truck Drivers, "Chang" Suit Claims
FIRST NATIONAL: Faces "Flores" Suit in E.D.N.Y.
FIRSTSOURCE ADVANTAGE: Lugo Appeals Ruling to 3rd Circuit
FORD MOTOR: Edwards Appeals From Ruling in Freestyle Defects Suit
FRIEND TRUSTED: Faces "Mankin" Suit in S.D. Cal.
GE INSPECTION: "Kumar" Suit Seeks Overtime Pay Under FLSA
GLADSTONE INVESTMENT: Noble Logistics Faces Wage and Hour Suit
HG STAFFING: Faces "Corral" Suit Over Alleged FLSA Violation
HG STAFFING: Faces "Benson" Lawsuit Alleging Violation of FLSA
HG STAFFING: Fails to Pay OT Wages Under FLSA, "Reader" Suit Says
HMR FOODS: Faces "Cruz" Adversary Class Action Suit in Delaware
HUMAN TOUCH: Sued on Behalf of Home Health Care Workers in Colo.
HUNAN KITCHEN: Fails to Pay Employees Overtime, "Qi" Suit Claims
INTERMODAL EXPRESS: Lazaro Seeks Earned Wages Under Labor Code
JERRY SALZBERG: Class Claims in "Shatelle" Suit Nixed
JIMMY JOHN'S: "Watson" Suit Moved from M.D. Fla. to N.D. Ill.
KLIMA LLC: "Scarpati" Suit Moved from Cir. Ct. to S.D. Fla.
KNIGHT ENTERPRISES: Weckesser Seeks Monetary Damages Under FLSA
KRAFT HEINZ: "Greene" Sues Over Alleged Fillers in Cheese
LANNETT COMPANY: Faces "McCrary" Suit Over Digoxin-Price Fixing
LATSHAW DRILLING: Appeal Filed From Ruling in "Meadows" Suit
LINCOLN TRAINING: Harvey Seeks Earned Wages Under Labor Code
LPTE GOLD: Faces "Chula" Suit in E.D.N.Y.
M & M ASPHALT: Laborers, Drivers Classes Certified in "Dyer" Suit
MARINE FASTENERS: Faces "Zawerschnik" Suit Over Failure to Pay OT
MASSIMO DIRECT: Faces "Gray" Suit in C.D. Cal.
MAXUM PETROLEUM: "Rodriguez" Suit Seeks to Recover Unpaid OT
NEW DOMINION: Lloyd's Underwriters Sue Over Insurance Policy
NEW YORK: Rockland City Files Suit vs. Public Service Commission
NEW YORK: NYPD Faces "Syed" Class Action
NISSAN NORTH AMERICA: Sued Over Defective Tensioning System
PEL STATE: "Brown" Files Suit in Tex. Over FLSA Violation
PLAINS ALL AMERICAN: Sued Over Unprovided Meal and Rest Periods
PORTFOLIO RECOVERY: Bid to Certify "Pritchard" Suit Class Denied
QUEST DIAGNOSTICS: Fails to Pay Overtime, "Vecchio" Suit Claims
ROOT9B TECHNOLOGIES: Motion to Dismiss Class Suit Pending
SAN FRANCISCO, CA: Moves to Decertify Two Classes in "Stitt" Suit
SAVANNAH MIYABI: Faces "Harris" Lawsuit Pursuant to FLSA
SHANGHAI CAFE: Faces "Chen" Suit in S.D.N.Y.
SOLOMON & SOLOMON: Faces "Orzel" Suit in E.D.N.Y.
SOTERIA FORCE: "Wheeler" Suit Seeks to Recover Unpaid OT Wages
SOUFUN HOLDINGS: To Defend Against L&G Rubin Class Action
SOUTHERN VALLEY FRUIT: Hernandez-Torres Sues Over Unpaid OT
SPRINT CORPORATION: Hearing Held to Approve Bennett Settlement
SPRINT CORPORATION: October Trial in ACP Master Lawsuit
STERN'S BAKERY: Fails to Pay Overtime, "Moreno" Suit Asserts
STRATEGIC OUTSOURCING: Faces "Bardini" Suit in Cal. Super. Ct.
SYCAMORE HOLDINGS: Accused of Unlawful Real Estate Schemes
SYNAPSE GROUP: "Price" Class Suit Removed to S.D. California
TD AMERITRADE: Appeal Filed From Ruling in "Sarbacker" Class Suit
TD AMERITRADE: Appeal Filed in "Verdieck" Securities Class Suit
TRADER JOE'S: "Magier" Suit Moved from S.D.N.Y. to C.D. Cal.
U.S. CELLULAR: Suit Seeks to Recoup OT Pay for Sales Managers
UNIVISTA HOLDINGS: Faces "Garcia" Suit Seeking OT Pay Under FLSA
UNITED STATES: Cierco Seeks Review of D.C. Court Decision
UNITED STATES: Smith Appeals District of Columbia Ruling
URBAN LIVING: Faces "Lee" Lawsuit Seeking Overtime Pay Under FLSA
V & J EMPLOYMENT: Sued for Violation of N.Y. Labor Law
WAL-MART STORES: "Brown" Sues Over Alleged Fillers in Cheese
WENDY'S COMPANY: Sued in Pennsylvania Over Alleged Data Breach
WHEATON FRANCISCAN: Faces Ill. Lawsuit Alleging ERISA Violation
WINDSOR TERRACE: Faces "Alarcon" Class Suit Alleging Unpaid Wages
WINKING LIZARD: Faces "Kenner" Suit Over Failure to Pay Overtime
YORK BRIDGE: Faces "Barbara" Suit Alleging Violation of FLSA
ZDG LLC: Sued in New York Over Alleged Breach of Contract
ZIECO CARRIERS: Faces "Solano" Suit Over Failure to Pay Overtime
*********
ALDI INC: Faces "Hackman" Suit in Wash. D.C.
--------------------------------------------
A class action lawsuit has been filed against Aldi Inc. The case
is captioned GLORIA HACKMAN, individually and on behalf of others
similarly situated and the general public of the District of
Columbia, the Plaintiff, v. ALDI INC., doing business as REGGANO,
the Defendant, Case No. 1:16-cv-01264-RC (Wash. D.C., June 22,
2016). The assigned Judge is Hon. Rudolph Contreras.
Aldi is a global discount supermarket chain with almost 10,000
stores in 18 countries
The Plaintiff is represented by:
Jason S. Rathod, Esq.
Nicholas A Migliaccio, Esq.
MIGLIACCIO & RATHOD LLP
412 H Street, NE, Suite 302
Washington, DC 20002
Telephone: (202) 470 3520
Facsimile: (202) 429 2294
E-mail: jrathod@classlawdc.com
nmigliaccio@classlawdc.com
The Defendant is represented by:
Kenneth E. Raleigh, Esq.
FOX ROTHSCHILD LLP
1030 15th Street, NW Suite 380 East
Washington, DC 20005
Telephone: (202) 696 1479
Facsimile: (202) 461 3102
E-mail: keraleigh@foxrothschild.com
ALLERGAN PLC: "Castillo" Claims Doxycycline, Digoxin Price Fixing
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CESAR CASTILLO INC., on behalf of itself and all others similarly
situated, Plaintiff, v. ALLERGAN PLC; IMPAX LABORATORIES, INC.;
LANNETT COMPANY, INC.; MYLAN INC.; MYLAN PHARMACEUTICALS INC.;
PAR PHARMACEUTICALS COMPANIES INC.; SUN PHARMACEUTICAL INDUSTRIES,
INC.; and WEST-WARD PHARMACEUTICALS CORP., Defendants, Case 2:16-
cv-03525-CMR (E.D. Pa., June 27, 2016), arises from an alleged
scheme of the Defendants to fix, raise, maintain, and stabilize
the price of doxycycline and digoxin.
Defendants are pharmaceutical companies.
The Plaintiff is represented by:
Linda Nussbaum, Esq.
Bart D. Cohen, Esq.
Bradley J. Demuth, Esq.
Peter E. Moran, Esq.
NUSSBAUM LAW GROUP, P.C.
1211 Avenue of the Americas
40th Floor
New York, NY 10036
Phone: (917) 438-9198
E-mail: bcohen@nussbaumpc.com
ALLERGAN PLC: Sued in Penn. Over Doxycycline & Digoxin Price Hike
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ROCHESTER DRUG CO-OPERATIVE, INC. (RDC), on behalf of itself and
all others similarly situated, the Plaintiff, v. ALLERGAN PLC;
IMPAX LABORATORIES, INC.; LANNETT COMPANY, INC.; MYLAN INC.; MYLAN
PHARMACEUTICALS INC.; PAR PHARMACEUTICALS COMPANIES INC.; SUN
PHARMACEUTICAL INDUSTRIES, INC.; and WEST-WARD PHARMACEUTICALS
CORP., the Defendants, Case No. 2:16-cv-03189-CMR (E.D. Penn.,
June 20, 2016), seeks to recover treble damages, costs of suit and
reasonable attorneys' fees for the injuries sustained by RDC and
members of the Class resulting from Defendants' conspiracy to
restrain trade in the United States under the Sherman Act and the
Clayton Act. The complaint arises from an alleged scheme of the
Defendants to fix, raise, maintain, and stabilize the price of
doxycycline and digoxin.
Both doxycycline and digoxin are commonly prescribed medications.
Doxycycline is a broad-spectrum antibiotic. Digoxin is prescribed
for the treatment of atrial fibrillation and other cardiac
ailments.
Allergan is a global pharmaceutical company focused on eye care
and neurosciences. Impax Laboratories is a technology-based
specialty pharmaceutical company. Lannett Company manufactures,
markets and/or distributes more than 61 drugs in the U.S.
The Plaintiff is represented by:
David F. Sorensen, Esq.
Zachary D. Caplan, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103-2793
Telephone: (215) 875 3000
Facsimile: (215) 875 4604
E-mail: dsorensen@bm.net
- and -
Peter Kohn, Esq.
Joseph T. Lukens, Esq.
FARUQI & FARUQI, LLP
101 Greenwood Avenue, Suite 600
Telephone: (215) 277 5770
Facsimile: (215) 277 5771
E-mail: pkohn@faruqilaw.com
jlukens@faruqilaw.com
- and -
Barry S. Taus, Esq.
Kevin Landau, Esq.
Archana Tamoshumnas, Esq.
TAUS, CEBULASH & LANDAU, LLP
80 Maiden Lane, Suite 1204
New York, NY 10038
Telephone: (212) 931 0704
E-mail: btaus@tcllaw.com
kalandua@tcllaw.com
atamoshunas@tcllaw.com
ALLERGAN PLC: Impairs Competition in Asacol Drug, Value Drug Says
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VALUE DRUG COMPANY, on behalf of themselves and all others
similarly situated v. ALLERGAN PLC (f/k/a ACTAVIS PLC); ALLERGAN,
INC.; ALLERGAN USA, INC.; ALLERGAN SALES, LLC; WARNER CHILCOTT
LIMITED; WARNER CHILCOTT (U.S.), LLC; WARNER CHILCOTT SALES
(U.S.), LLC; WARNER CHILCOTT COMPANY, LLC, Case No. 1:16-cv-05103-
UA (S.D.N.Y., June 29, 2016), is a civil antitrust action seeking
treble damages and other relief for the Defendants' alleged
unlawful impairment of competition to drugs in Warner Chilcott's
Asacol franchise (Asacol, Asacol HD, and Delzicol).
The Defendants' anticompetitive scheme centers around Asacol, a
400 mg delayed release mesalamine tablet formulation used to treat
multiple forms of ulcerative colitis, the Plaintiff alleges. The
Plaintiff adds that the Defendants, beginning with Warner Chilcott
and continuing after the company became part of Allergan (f/k/a
Actavis), used an extensive array of anticompetitive acts and
practices as part of an overall scheme to improperly maintain and
extend its monopoly power with respect to the Asacol franchise, to
the detriment of the Plaintiff and the class of direct purchasers
it seeks to represent, causing them to pay overcharges.
Allergan plc is a public limited company incorporated under the
laws of Ireland, with its principal place of business located in
Dublin 2, Ireland. Allergan markets branded and generic
pharmaceuticals throughout the United States and has commercial
operations in the United States and approximately 100 countries
around the world. Allergan became a successor in interest to
Warner Chilcott plc and Proctor & Gamble Pharmaceuticals Inc. when
it acquired Warner Chilcott plc on October 1, 2013.
The Plaintiff is represented by:
Bruce E. Gerstein, Esq.
Joseph Opper, Esq.
Dan Litvin, Esq.
GARWIN GERSTEIN & FISHER LLP
88 Pine Street, 10th Floor
New York, NY 10005
Telephone: (212) 398-0055
Facsimile: (212) 764-6620
E-mail: bgerstein@garwingerstein.com
jopper@garwingerstein.com
dlitvin@garwingerstein.com
- and -
David C. Raphael, Jr., Esq.
Erin R. Leger, Esq.
SMITH SEGURA & RAPHAEL, LLP
3600 Jackson Street, Suite 111
Alexandria, LA 71303
Telephone: (318) 445-4480
Facsimile: (318) 487-1741
E-mail: draphael@ssrllp.com
eleger@ssrllp.com
- and -
Stuart B. Des Roches, Esq.
Andrew W. Kelly, Esq.
ODOM & DES ROCHES, L.L.P.
650 Poydras Street, Suite 2020
New Orleans, LA 70130
Telephone: (504) 522-0077
Facsimile: (504) 522-0078
E-mail: stuart@odrlaw.com
akelly@odrlaw.com
- and -
Russ Chorush, Esq.
Miranda Jones, Esq.
HEIM PAYNE & CHORUSH, LLP
600 Travis, Suite 6710
Houston, TX 77002
Telephone: (713) 221-2000
Facsimile: (713) 221-2021
E-mail: rchorush@hpcllp.com
mjones@hpcllp.com
ALLERGAN PLC: Rochester Sues Over Asacol-Related Antitrust Issues
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ROCHESTER DRUG CO-OPERATIVE, INC., on behalf of itself and all
others similarly situated v. ALLERGAN, PLC (f/k/a ACTAVIS PLC);
ALLERGAN, INC.; ALLERGAN USA, INC.; ALLERGAN SALES, LLC; WARNER
CHILCOTT LIMITED; WARNER CHILCOTT (US), LLC; WARNER CHILCOTT SALES
(U.S.), LLC; ZYDUS PHARMACEUTICALS USA INC.; CADILA HEALTHCARE
LIMITED, Case No. 1:16-cv-05157-UA (S.D.N.Y., June 29, 2016), is a
civil antitrust action seeking treble damages arising out of the
Defendants' alleged unlawful impairment of competition to drugs in
Warner Chilcott's Asacol franchise (Asacol (400mg), Asacol HD, and
Delzicol).
Asacol (400mg) was a delayed-release mesalamine formulation used
to treat multiple forms of ulcerative colitis, a potentially
debilitating condition affecting 238 out of every 100,000 people
in the United States. Patients on this drug typically remain on
it for years, if not their entire life.
The Plaintiff alleges that the Scheme Defendants, beginning with
Warner Chilcott and continuing after the company became part of
Allergan (f/k/a Actavis), used an array of anticompetitive acts
and practices as part of an overall scheme to improperly maintain
and extend its monopoly power with respect to the Asacol franchise
to stifle generic competition, thus, causing the Plaintiff and the
Class of direct purchasers it seeks to represent to pay
overcharges.
Allergan plc is a public limited company incorporated under the
laws of Ireland, with its principal place of business located in
Dublin 2, Ireland. Allergan markets branded and generic
pharmaceuticals throughout the United States and has commercial
operations in the United States and approximately 100 countries
around the world. Allergan, Inc., Allergan USA, Inc., and
Allergan Sales, LLC are wholly-owned subsidiaries of Allergan plc
incorporated under the laws of Delaware with their principal place
of business located in Irvine, California.
Warner Chilcott Limited is a wholly-owned subsidiary of Allergan
plc and is incorporated under the laws of Bermuda with its
principal place of business located in Hamilton HM 12, Bermuda.
Warner Chilcott (US), LLC, and Warner Chilcott Sales (US), LLC,
are wholly-owned subsidiaries of Allergan plc incorporated under
the laws of Delaware with their principal place of business
located in Rockaway, New Jersey.
Zydus Pharmaceuticals USA Inc. is privately held corporation under
the laws of New Jersey with its principal place located in
Pennington, New Jersey. Zydus is a wholly-owned subsidiary of
Cadila Healthcare Limited. Zydus markets and distributes generic
drugs for sale throughout the United States.
Cadila Healthcare Limited is a corporation organized under the
laws of India with its principal place of business located in
Ahmedabad 380015, India. Cadila Healthcare Limited works in
concert with Zydus to develop, manufacture, and market
pharmaceutical products throughout the United States.
The Plaintiff is represented by:
Miles Greaves, Esq.
Barry S. Taus, Esq.
Brett Cebulash, Esq.
TAUS, CEBULASH & LANDAU, LLP
80 Maiden Lane, Suite 1204
New York, NY 10038
Telephone: (212) 931-0704
E-mail: mgreaves@tcllaw.com
btaus@tcllaw.com
bcebulash@tcllaw.com
- and -
David F. Sorensen, Esq.
Zachary D. Caplan, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875-3000
Facsimile: (215) 875-4604
E-mail: dsorensen@bm.net
zcaplan@bm.net
- and -
Peter Kohn, Esq.
Joseph T. Lukens, Esq.
Elizabeth A. Silva, Esq.
FARUQI & FARUQI, LLP
101 Greenwood Avenue, Suite 600
Jenkintown, PA 19046
Telephone: (215) 277-5770
Facsimile: (215) 277-5771
E-mail: pkohn@faruqilaw.com
jlukens@faruqilaw.com
esilva@faruqilaw.com
AMERICAN MEDICAL: Faces "Potter" Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against American Medical
Response Inc. The case is captioned Steve G Potter individually
and on behalf of all others similarly situated, the Plaintiff, v.
American Medical Response Inc., the Defendant, Case No. 56-2016-
00483240-CU-NP-VTA (Cal. Super. Ct., June 22, 2016).
American Medical Response is a medical transportation company in
the United States that serves more than 2,100 communities in 40
states.
The Plaintiff is represented by:
Matthew M. Loker, Esq.
KAZEROUNI LAW GROUP, APC
Costa Mesa, CA
Telephone: (866) 299 6190
Facsimile: (800) 520 5523
AMERICAN MEDICAL: Certification of Class Sought in "Caldera" Suit
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The Plaintiff in the lawsuit titled ARMANDO CALDERA, Individually
and On Behalf of All Others Similarly Situated v. AMERICAN MEDICAL
COLLECTION AGENCY A.K.A RETRIEVAL-MASTERS CREDITORS BUREAU, INC.,
Case No. 2:16-cv-00381-CBM-AJW (C.D. Cal.), asks the Court
pursuant to the Telephone Consumer Protection Act to certify a
class consisting of:
All persons within the United States who received any
telephone call/s from Defendant or its agent/s and/or
employee/s to said person's cellular telephone made through
the use of any automatic telephone dialing system within the
four years prior to the filling of the Complaint.
Mr. Caldera also moves the Court to appoint him as class
representative, and to appoint his attorneys as Class Counsel. He
asserts that he files the Motion to procedurally preserve his
rights pursuant to the decision in Genesis Healthcare Corp. v.
Symczyk, 133 S. Ct. 1523 (U.S. 2013), although he disagrees that
the Genesis decision applies to class actions pursuant to Rule 23
of the Federal Rules of Civil Procedure.
The Court will commence a hearing on August 2, 2016, at 10:00
a.m., to consider the Motion.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=usgDeMz0
The Plaintiff is represented by:
Todd M. Friedman, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
324 S. Beverly Dr., #725
Beverly Hills, CA 90212
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
E-mail: tfriedman@attorneysforconsumers.com
APPLIANCE RECYCLING: Bid to Dismiss 2nd Amended Suit Pending
------------------------------------------------------------
Appliance Recycling Centers Of America, Inc. said in its Form 10-Q
Report filed with the Securities and Exchange Commission on May
17, 2016, for the quarterly period ended April 2, 2016, that the
Company is awaiting the United States District Court for the
Central District of California's ruling on its motion to dismiss
the second amended complaint in the class action lawsuit by Jason
Feola.
On March 6, 2015, a complaint was filed in United States District
Court for the Central District of California by Jason Feola,
individually and as a representative of a putative class
consisting of purchasers of the Company's common stock between
March 15, 2012 and February 11, 2015, against Appliance Recycling
Centers of America, Inc. and certain current and former officers
of the Company. Mr. Feola, pursuant to terms of his retainer
agreement with The Rosen Law Firm, certified that he purchased 240
shares of the Company's common stock for approximately $1,000 in
total consideration.
On May 7, 2015, the Company and the individual defendants were
served the complaint. In July 2015, the Company and the individual
defendants received an amended complaint. The complaint alleges
that misstatements and omissions occurred in press releases and
filings by the Company with the Securities and Exchange Commission
and that these misstatements or omissions constitute violations of
Section 20 (a) and Section 10(b) of, and Rule 10b-5 under, the
Securities Exchange Act of 1934.
In October 2015, the court held a hearing on the Company's motion
to dismiss the complaint. On November 24, 2015, the United States
District Court for the Central District of California entered an
order granting the motion to dismiss the amended complaint. The
Court's order provided that the dismissal was without prejudice
and that the plaintiffs may file an amended complaint within 21
days of the issuance of the order.
On December 15, 2015, the Company and the individual defendants
were served with a second amended complaint. In May 2016, the
court held a hearing on the Company's motion to dismiss the second
amended complaint.
According to a May 2, 2016 docket entry in the case, a hearing was
held before Judge John A. Kronstadt on the Defendants' motion to
dismiss Plaintiffs' second amended complaint and Plaintiffs'
motion to strike the declaration of Michelle Van Oppen. The Court
stated its tentative views that it is inclined to grant
Plaintiffs' Motion to Strike the Declaration of Michelle Van
Oppen. Counsel addressed the issues raised by the Court regarding
Defendants' Motion to Dismiss and thereafter, the Court took the
Plaintiffs' Motion and Defendants' Motion under submission; an
order will be issued. The Court will reschedule the hearing, if
necessary, upon the final ruling on the submitted motions.
The Company said, "We are currently awaiting the United States
District Court for the Central District of California's ruling on
our motion to dismiss the second amended complaint. This matter
has been forwarded to our insurance carriers and we intend to
contest vigorously the claims made in the complaint."
Appliance Recycling Centers of America, Inc. and subsidiaries are
in the business of providing turnkey appliance recycling and
replacement services for electric utilities and other sponsors of
energy efficiency programs.
APPLIANCE RECYCLING: Gray and Boller Action Remains Stayed
----------------------------------------------------------
Appliance Recycling Centers Of America, Inc. said in its Form 10-Q
Report filed with the Securities and Exchange Commission on May
17, 2016, for the quarterly period ended April 2, 2016, that the
class action lawsuit by David Gray and Michael Boller remain
stayed pending the Feola complaint.
On November 6, 2015, a complaint was filed in the Minnesota
District Court for Hennepin County, Minnesota, by David Gray and
Michael Boller, purporting to bring suit derivatively and on
behalf of the Company against twelve current and former officers
and directors of the Company. The complaint alleges that the
defendants breached their fiduciary duties based on substantially
similar allegations to those asserted in Jason Feola's putative
securities class action complaint, and that the defendants have
been unjustly enriched as a result thereof. The complaint seeks
damages, disgorgement, an award of attorneys' fees and other
expenses, and an order compelling changes to the Company's
corporate governance and internal procedures.
This matter has been stayed by the court, pursuant to a
stipulation of the parties, until the United States District Court
for the Central District of California determines the legal
sufficiency of Mr. Feola's complaint or other specified
developments occur in that case. This matter has been submitted to
the Company's insurance carriers.
Given the uncertainty of litigation and the preliminary stage of
these cases, we cannot reasonably estimate the possible loss or
range of loss that may result from these actions. The Company
maintains liability insurance policies that may reduce the
Company's exposure, if any.
Appliance Recycling Centers of America, Inc. and subsidiaries are
in the business of providing turnkey appliance recycling and
replacement services for electric utilities and other sponsors of
energy efficiency programs.
APPLIANCE RECYCLING: Continues to Monitor Case v. Whirlpool
-----------------------------------------------------------
Appliance Recycling Centers Of America, Inc. said in its Form 10-Q
Report filed with the Securities and Exchange Commission on May
17, 2016, for the quarterly period ended April 2, 2016, that the
Company continues to monitor a class action against Whirlpool
Corporation.
The Company said, "In February 2012, various individuals commenced
a class action lawsuit against Whirlpool Corporation ("Whirlpool")
and various distributors of Whirlpool products, including Sears,
The Home Depot, Lowe's and us, alleging certain appliances
Whirlpool sold through its distribution chain, which includes us,
were improperly designated with the ENERGY STAR(R) qualification
rating established by the U.S. Department of Energy and the
Environmental Protection Agency. The claims against us include
breach of warranty claims, as well as various state consumer
protection claims. The amount of the claim is, as yet,
undetermined."
"Whirlpool has offered to fully indemnify and defend its
distributors in this lawsuit, including us, and has engaged legal
counsel to defend itself and the distributors. We are monitoring
Whirlpool's defense of the claims and believe the possibility of a
material loss is remote."
Appliance Recycling Centers of America, Inc. and subsidiaries are
in the business of providing turnkey appliance recycling and
replacement services for electric utilities and other sponsors of
energy efficiency programs.
ASD SPECIALTY: Appeal Filed From Ruling in Sandusky Class Suit
--------------------------------------------------------------
Sandusky Wellness Center, LLC, filed an appeal from a court ruling
in the lawsuit styled Sandusky Wellness Center, LLC v. ASD
Specialty Healthcare, Inc., et al., Case No. 3:13-cv-02085, in the
U.S. District Court for the Northern District of Ohio at Toledo.
The appellate case is captioned as Sandusky Wellness Center, LLC
v. ASD Specialty Healthcare, Inc., et al., Case No. 16-3741, in
the United States Court of Appeals for the Sixth Circuit.
The Plaintiff-Appellant is represented by:
Glenn Lorne Hara, Esq.
ANDERSON & WANCA
3701 Algonquin Road, Suite 760
Rolling Meadows, IL 60008
Telephone: (847) 368-1500
E-mail: GHara@andersonwanca.com
- and -
Matthew Elton Stubbs, Esq.
MONTGOMERY, RENNIE & JONSON
36 E. Seventh Street, Suite 2100
Cincinnati, OH 45202
Telephone: (513) 241-4722
E-mail: mstubbs@mrjlaw.com
Defendant-Appellee ASD Specialty Healthcare, Inc., doing business
as Besse Medical Amerisourcebergen Specialty Group, Inc., is
represented by:
Keith L. Gibson, Esq.
John Kloecker, Esq.
Tamra J. Miller, Esq.
LOCKE LORD LLP
111 S. Wacker Drive, Suite 4100
Chicago, IL 60606
Telephone: (312) 443-0700
E-mail: kgibson@lockelord.com
jkloecker@lockelord.com
tjmiller@lockelord.com
- and -
W. Scott Hastings, Esq.
LOCKE LORD LLP
2200 Ross Avenue, Suite 2800
Dallas, TX 75201
Telephone: (214) 740-8537
E-mail: shastings@lockelord.com
Defendants-Appellees ASD Specialty Healthcare, Inc., and John Does
1-10 are represented by:
Jennifer J. Dawson, Esq.
MARSHALL & MELHORN LLC
Four Seagate Building, Eighth Floor
Toledo, OH 43604
Telephone: (419) 249-7139
E-mail: dawson@marshall-melhorn.com
- and -
Martin W. Jaszczuk, Esq.
LOCKE LORD LLP
111 S. Wacker Drive, Suite 4100
Chicago, IL 60606
Telephone: (312) 443-0700
E-mail: mjaszczuk@lockelord.com
AVIS RENT: Ray Files Appeal From Ruling in "Schwartz" Class Suit
----------------------------------------------------------------
Mark Ray, one of the Plaintiffs in the lawsuit titled Edward
Schwartz, et al. v. Avis Rent A Car System Inc, et al., 2-11-cv-
04052, in the United States District Court for the District of New
Jersey, filed an appeal from a court ruling.
As reported in the Class Action Reporter on August 19, 2014, the
class action, originally filed in 2011, alleged violations of the
New Jersey Consumer Fraud Act, breach of contract, breach of the
covenant of good faith and fair dealing, and sought injunctive
relief under New Jersey law and declaratory relief pursuant to the
Declaratory Judgment Act.
The appellate case is captioned as Edward Schwartz, et al. v. Avis
Rent A Car System Inc, et al., Case No. 16-3012, in the United
States Court of Appeals for the Third Circuit.
Plaintiff-Appellant Mark Ray is represented by:
Janet L. Gold, Esq.
EISENBERG GOLD CETTEI & AGRAWAL
1040 North Kings Highway, Suite 200
Cherry Hill, NJ 08034
Telephone: (609) 795-0351
Plaintiff- Appellee Edward Schwartz, on behalf of himself and
others similarly situated, is represented by:
Bruce D. Greenberg, Esq.
LITE DEPALMA GREENBERG LLC
570 Broad Street, Suite 1201
Newark, NJ 07102
Telephone: (973) 623-3820
Facsimile: (973) 623-0858
E-mail: bgreenberg@litedepalma.com
Defendant-Appellee AVIS RENT A CAR SYSTEM INC. is represented by:
Todd L. Schleifstein, Esq.
GREENBERG TRAURIG LLP
200 Park Avenue
MetLife Building
New York, NY 10166
Telephone: (973) 360-7918
E-mail: schleifsteint@gtlaw.com
- and -
Aaron Van Nostrand, Esq.
GREENBERG TRAURIG LLP
500 Campus Drive, Suite 400
Florham Park, NJ 07932
Telephone: (973) 360-7900
Facsimile: (973) 301-8410
E-mail: vannostranda@gtlaw.com
Defendants-Appellees AVIS RENT A CAR SYSTEM INC. and AVIS BUDGET
GROUP are represented by:
Philip R. Sellinger, Esq.
GREENBERG TRAURIG LLP
MetLife Building
200 Park Avenue
New York, NY 10166
Telephone: (973) 360-7900
E-mail: sellingerp@gtlaw.com
Defendant-Appellee Todd Payne is represented by:
Michael Coren, Esq.
COHEN, PLACITELLA & ROTH, P.C.
2001 Market Street
Two Commerce Square, Suite 2900
Philadelphia, PA 19103
Telephone: (215) 567-3500
E-mail: mcoren@cprlaw.com
- and -
Christopher M. Placitella, Esq.
COHEN PLACITELLA & ROTH, P.C.
127 Maple Avenue
Red Bank, NJ 07701
Telephone: (732) 747-9003
Facsimile: (732) 747-9004
E-mail: cplacitella@cprlaw.com
BANK OF AMERICA: Pension Fund Alleges Price Fixing of SSA Bonds
---------------------------------------------------------------
INTER-LOCAL PENSION FUND GRAPHIC COMMUNICATIONS CONFERENCE OF THE
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, on Behalf Of Itself and
all Others Similarly Situated, Plaintiff, vs. BANK OF AMERICA
CORPORATION; BANK OF AMERICA, N.A.; MERRILL LYNCH, PIERCE, FENNER
& SMITH, INC.; BANK OF AMERICA MERRILL LYNCH INTERNATIONAL
LIMITED; CREDIT AGRICOLE S.A.; CREDIT AGRICOLE CORPORATE AND
INVESTMENT BANK; CREDIT SUISSE GROUP AG; CREDIT SUISSE AG; CREDIT
SUISSE INTERNATIONAL; CREDIT SUISSE SECURITIES (USA LLC; EUTSCHE
BANK AG; DEUTSCHE BANK SECURITIES INC.; NOMURA INTERNATIONAL PLC;
NOMURA HOLDINGS, INC.; NOMURA SECURITIES INTERNATIONAL, INC.;
HIREN GUDKA; BHARDEEP SINGH HEER; AMANDEEP SINGH MANKU; and
SHAILEN PAU, Defendants, Case 1:16-cv-05011 (S.D.N.Y., June 27,
2016), alleges that Defendants committed unlawful conspiracy, from
at least as early as January 1, 2005, to fix, raise, maintain,
stabilize and/or otherwise manipulate the prices for
supranational, sub-sovereign, and agency (SSA) bonds sold to and
purchased from investors in the secondary market.
Bank of America Corporation is a multi-national banking and
financial services corporation.
The Plaintiff is represented by:
Robert M. Roseman, Esq.
Eugene A. Spector, Esq.
William G. Kopp, Esq.
Rachel E. Kopp, Esq.
SPECTOR ROSEMAN KODROFF & WILLIS, P.C.
1818 Market Street, Suite 2500
Philadelphia, PA 19103
Phone: (215) 496-0300
Fax: (215) 496-6611
E-mail: rroseman@srkw-law.com
espector@srk-law.com
bcaldes@srkw-law.com
jjagher@srkw-law.com
rkopp@srkw-law.com
- and -
Brian Murray, Esq.
Lee Albert, Esq.
GLANCY PRONGAY & MURRAY LLP
122 E. 42nd Steet, Suite 2920
New York, NY 10168
Phone: (212) 682-5340
E-mail: bmurray@glancylaw.com
lalbert@glancylaw.com
- and -
Steven A. Kanner, Esq.
FREED KANNER LONDON & MILLEN LLC
2201 Waukegan Road, Suite 130
Bannockburn, IL 60015
Phone: (224) 632-4500
E-mail: skanner@fklmlaw.com
BENICIA, CA: Faces "Fein" Lawsuit Seeking OT Pay Under FLSA
-----------------------------------------------------------
JASON FEIN, on behalf of himself and all similarly situated
individuals, Plaintiff, v. CITY OF BENICIA, Defendant, Case 2:16-
at-00763 (E.D. Cal., June 27, 2016), seeks to recover alleged
unpaid overtime and other compensation, interest thereon,
liquidated damages, costs of suit and reasonable attorney fees
under the Fair Labor Standards Act.
The Defendant 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, APC
1912 "I" Street
Sacramento, CA 95811
Phone: (916) 446-4692
Fax: (916) 447-4614
BODY BASICS: Bradford Sues Over Unpaid Overtime and Minimum Wages
-----------------------------------------------------------------
LALONI BRADFORD and SYEDA SHAHBANO, individually, and on behalf of
other members of the general public similarly situated v. BODY
BASICS STORES, INC., a New York corporation; BODY BASICS WEST
INC., a California corporation; AMERICAN BASICS STORES WEST INC.,
a California corporation; DELBODY INC., a California corporation;
MJCI INC., a New York corporation; MJCI REALTY WEST INC., a New
York corporation; MJCI SALES CORPORATION, a New York corporation;
and DOES 1 through 10, inclusive, Case No. BC625299 (Cal. Super.
Ct., June 29, 2016), alleges violations of the California Labor
Code due to unpaid overtime and unpaid minimum wages, among other
violations.
The Defendants are a privately-held clothing retailer based in New
York City. The Defendants operate a chain of retail stores under
the name "Body Basics." They own and operate a chain of women's
clothing stores, primarily selling lingerie and athletic wear, and
maintain locations throughout the United States. Many of the
Defendants retail stores are located within large shopping malls.
The Plaintiffs are represented by:
Andrew J. Sokolowski, Esq.
Jennifer R. Bagosy, Esq.
Daniela Saspe, Esq.
CAPSTONE LAW APC
1840 Century Park East, Suite 450
Los Angeles, CA 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
E-mail: Andrew.Sokolowski@capstonelawyers.com
Jennifer.Bagosy@capstonelawyerscom
Daniela.Saspe@capstonelawyers.com
BOEHRINGER INGELHEIM: Faces "Brodo" Suit Over Pradaxa Concerns
--------------------------------------------------------------
george brodo V. boehringer ingelheim pharmaceuticals, inc.; and
Boehringer Ingelheim International Gmbh, Case No. HHD-CV-16-
6069404-S (Conn. Super. Ct., June 29, 2016), alleges that the
Defendants fail to warn consumers of the risks associated with
Pradaxa(R).
Pradaxa(R) (dabigatran etexilate mesylate) 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 Plaintiff alleges that Pradaxa(R) was
unreasonably defective in design and marketing, considering the
utility of the product and the risk involved in its use. As
designed and marketed, the Plaintiff contends, the risks of
bleeding associated with the use of Pradaxa(R) greatly outweighed
its benefits, if any.
Boehringer is a Delaware corporation, which its principal place of
business located in Ridgefield, Connecticut. Boehringer is a
foreign corporation with its principal place of business located
in Ingelheim am Rhein, Germany. The Defendants are engaged in the
business of designing, licensing, manufacturing, distributing,
selling, marketing, and introducing into interstate commerce the
prescription anticoagulant drug sold under the name Pradaxa(R),
throughout the state of Connecticut.
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 -
Ellen A. Presby, Esq.
NEMEROFF LAW FIRM
2626 Cole Ave., Suite 450
Dallas, TX 75204
Telephone: (214) 774-2258
Facsimile: (214) 393-7897
E-mail: ellenpresby@nemerofflaw.com
BLOOMINGDALE'S INC: Rubini Seeks Unpaid Minimum Wages Under FLSA
----------------------------------------------------------------
ELISA RUBINI, and other similarly situated individuals, the
Plaintiffs, v. BLOOMINGDALE'S, INC., the Defendant, Case No. 1:16-
cv-22307-UU (S.D. Fla., June 20, 2016), seeks to recover money
damages for unpaid minimum wages and for retaliation under the
laws of the United States, pursuant to the Fair Labor Standards
Act (FLSA).
While employed by Defendant, Rubini routinely worked approximately
30-42 hours per week without being paid all of her minimum wages.
The Plaintiff asks the Court to enter a judgment against the
Defendant for all back wages from the date of discharge to the
present date and an equal amount of back wages as liquidated
damages, attorneys' fees, and costs.
Bloomingdale's is an American chain of upscale department stores
owned by Macy's, Inc.
The Plaintiff is represented by:
Martin Saenz, Esq.
SAENZ & ANDERSON, PLLC
20900 N.E. 30th Avenue, Ste. 800
Aventura, FL 33180
Telephone: (305) 503 5131
Facsimile: (888) 270 5549
E-mail: msaenz@saenzanderson.com
BLUE CROSS: Faces "Zimmerman" Suit Over Illegal Market Allocation
-----------------------------------------------------------------
Jacqueline Zimmerman, on behalf of herself and all others
similarly situated v. Blue Cross Blue Shield of Alabama (BCBS-AL),
et al., Case No. 2:16-cv-01000-RDP (D.N.D., June 17, 2016), is
brought on behalf of all subscribers of BCBS-ND health
insurance to enjoin an ongoing conspiracy between and among BCBS-
ND, the Individual Blue Plans and BCBSA to allocate markets in
violation of the prohibitions of the Sherman Act.
Blue Cross Blue Shield of Alabama is a health insurance company
headquartered in Birmingham, Alabama.
The Plaintiff is represented by:
Jason S. Kilene, Esq.
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
E-mail: jkilene@gustafsongluek.com
- and -
Daniel E. Gustafson, Esq.
GUSTAFSON GLUEK PLLC
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
Facsimile: (612) 339-6622
E-mail: dgustafson@gustafsongluek.com
BLUE CROSS: Appeal Filed From Ruling in "Barnard" ERISA Suit
------------------------------------------------------------
Plaintiffs Mark Barnard, D.C., Pennsylvania Chiropractic
Association and Barry A. Wahner, D.C., filed an appeal from a
court ruling in the lawsuit entitled Mark Barnard, et al. v. Blue
Cross and Blue Shield of Georgia, Inc., et al., Case No. 1:09-cv-
05619, in the U.S. District Court for the Northern District of
Illinois, Eastern Division.
The lawsuit asserts claims under the Employee Retirement Income
Security Act.
The appellate case is captioned as Mark Barnard, et al. v. Blue
Cross and Blue Shield of Georgia, Inc., et al., Case No. 16-2845,
in the U.S. Court of Appeals for the Seventh Circuit.
The Plaintiffs-Appellants are represented by:
Jason S. Cowart, Esq.
D. Brian Hufford, Esq.
ZUCKERMAN SPAEDER LLP
399 Park Avenue
New York, NY 10022
Telephone: (212) 704-9600
Facsimile: (212) 704-4256
E-mail: jcowart@zuckerman.com
dbhufford@zuckerman.com
Defendant-Appellee Blue Cross and Blue Shield of Georgia, Inc., is
represented by:
John F. Zabriskie, Esq.
FOLEY & LARDNER LLP
321 N. Clark Street
Chicago, IL 60654-5313
Telephone: (312) 832-4500
E-mail: jzabriskie@foley.com
Defendant-Appellee Independence Blue Cross is represented by:
Anthony F. Shelley, Esq.
MILLER & CHEVALIER CHARTERED
900 16th Street, N.W.
Washington, DC 20006
Telephone: (202) 626-5924
E-mail: ashelley@milchev.com
Defendant-Appellee Blue Cross and Blue Shield of Michigan is
represented by:
Joseph A. Fink, Esq.
DICKINSON WRIGHT, PLLC
215 South Washington Square, Suite 200
Lansing, MI, 48933
Telephone: (517) 371-1730
E-mail: jfink@dickinsonwright.com
Defendants-Appellees Anthem Ohio and Excellus Blue Cross and Blue
Shield are represented by:
Bryan Matthew Webster, Esq.
MCDERMOTT, WILL & EMERY
227 W. Monroe Street
Chicago, IL 60606-5096
Telephone: (312) 984-7691
Facsimile: (312) 984-7700
E-mail: bwebster@mwe.com
BLUE CROSS: Appeals Attorney Fees & Cost Bid Denial to 7th Cir.
---------------------------------------------------------------
The Defendant in the lawsuit PENNSYLVANIA CHIROPRACTIC
ASSOCIATION, et al., the Plaintiffs, v. BLUE CROSS BLUE SHIELD
ASSOCIATION, et al., the Defendants, Case No. 16-2588 (N.D. Ill.),
appeals to the United States Court of Appeals for the Seventh
Circuit from the Memorandum Opinion and Order denying Defendant's
motion for attorney fees and costs, according to the notice
entered in this action on May 23, 2016.
Blue Cross is a federation of 36 separate United States health
insurance organizations and companies, providing health insurance
to more than 106 million Americans. Blue Cross was founded in
1929, and became the Blue Cross Association in 1960, while Blue
Shield emerged in 1939 and the Blue Shield Association was created
in 1948. The two organizations merged in 1982.
The Defendant is represented by:
Anthony F. Shelley, Esq.
Timothy P. O'Toole, Esq.
MILLER & CHEVALIER CHARTERED
900 16th St. NW
Washington D.C. 20006
Telephone: (202) 626 5800
E-mail: ashelley@milchev.com
- and -
Charles C. Jackson, Esq.
Deborah S. Davidson, Esq.
Stephanie L. Sweitzer, Esq.
MORGAN, LEWIS & BOCKIUS LLP
77 W. Wacker Drive
Chicago, IL 60601
Telephone: (312) 324 1000
E-mail: charles.jackson@morganlewis.com
BROTHER INT'L: Hobbs Seeks Certification of Printer Owners Class
----------------------------------------------------------------
The Plaintiff in the lawsuit styled KENNETH HOBBS, on behalf of
himself and all others similarly situated v. BROTHER INTERNATIONAL
CORPORATION; and DOES 1 through 10, inclusive, Case No. 2:15-cv-
01866-PSG-MRW (C.D. Cal.), asks the Court to certify this class:
All persons who purchased Defendant's multi-function
printers in the State of California during the time period
permitted under the applicable statute of limitations.
Included in this Class are the owners of multi-function
printer model numbers DCP-7060D, DCP-7065DN, DCP-L2520DW,
DCP-L2540DW, DCP-8110DN, DCP-8150DN, and DCP-8155DN.
Excluded from the Class are (1) Defendant and its employees,
officers, directors, principals, legal representatives,
successors, assigns, subsidiaries, and affiliates; (2) any
entity in which Defendant has a controlling interest; (3)
the Judge(s) to whom this action is assigned; and (4) any
members of the immediate families of individuals in the
excluded categories.
Mr. Hobbs also asks that the Court appoint him as the class
representative and appoint Felahy Trial Lawyers, APC, and Yash Law
Group as class counsel.
The Court will commence a hearing on September 12, 2016, at 1:30
p.m., to consider the Motion.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=8nQRN8uC
The Plaintiff is represented by:
Allen Felahy, Esq.
FELAHY TRIAL LAWYERS, APC
4000 Cover Street, Suite 120
Long Beach, CA 90808
Telephone: (562) 499-2121
Facsimile: (562) 499-2124
E-mail: afelahy@felahylaw.com
- and -
Yashdeep Singh, Esq.
YASH LAW GROUP
3 Pointe Drive, Suite 304
Brea, CA 92821
Telephone: (714) 494-6244
Facsimile: (714) 406-2722
E-mail: ysingh@yashlaw.com
BUILDING SERVICE: "Varela" Suit Seeks to Recover Unpaid OT Wages
----------------------------------------------------------------
Jose Varela and Elida Gonzales, individually and on behalf of
those similarly situated v. Building Service Industries, LLC.
("BSI"), CFM Service Corporation ("CFM"), Ninety Five South Inc.,
Joseph Kleinpeter and Juan Rodriguez, and any other entities
affiliated with or controlled by Building Service Industries, LLC.
("BSI"), CFM Service Corporation ("CFM"), Ninety Five South Inc.,
Joseph Kleinpeter and Juan Rodriguez, Case No. 600037/2016 (N.Y.
Super. Ct., June 17, 2016), seeks to recover unpaid overtime
wages, and spread of hours compensation pursuant to the Fair Labor
Standards Act.
The Defendants own and operate a janitorial service company in New
York.
The Plaintiff is represented by:
Michael A. Tompkins, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
BUONA FORTUNA: "Tenegusnay" Suit Seeks Unpaid Overtime Under FLSA
-----------------------------------------------------------------
LUIS TENEGUSNAY, on behalf of himself and FLSA Collective
Plaintiffs, the Plaintiffs, v. BUONA FORTUNA, INC. d/b/a BASSO56,
BARBASSO, INC. d/b/a BAR BASSO, ALEKSANDER KOLA, and PAOLO CATINI,
the Defendants, Case No. 1:16-cv-04675 (S.D.N.Y. Fla., June 20,
2016), seeks to recover from Defendants unpaid overtime,
liquidated damages and attorneys' fees and costs, pursuant to the
Fair Labor Standards Act (FLKA).
The Plaintiff further alleges that, pursuant to the New York Labor
Law (NYLL), he and FLSA Collective Plaintiffs are entitled to
recover from Defendants: unpaid overtime, unpaid spread of Hours
premium, liquidated damages and statutory penalties and attorneys'
fees and costs.
Basso56 is a no-frills restaurant close to Carnegie Hall that
serves housemade pastas & other Italian fare.
The Plaintiff is represented by:
C.K. Xee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Telephone: (212) 465 1188
Facsimile: (212) 465 1181
E-mail: info@leelitigation.com
BUZZI UNICEM: Faces "Delgado" Suit Alleging Violations of FCRA
--------------------------------------------------------------
Ricardo Delgado, on behalf of himself and all others similarly
situated v. Buzzi Unicem USA, Inc., Case No. 5:16-cv-03616-LS
(E.D. Pa., June 30, 2016), alleges violations of the Fair Credit
Reporting Act.
Based in Bethlehem, Pennsylvania, Buzzi Unicem USA, Inc.,
manufactures and supplies cement and masonry cement. The Company
serves ready-mix concrete, and highway and airport paving,
concrete block, and concrete product companies in the Midwest,
Southwest, Northeast, and Southeast sections of the United States.
The Plaintiff is represented by:
Michael Patrick Murphy, Jr., Esq.
MURPHY LAW GROUP LLC
Eight Penn Center, Suite 1803
1628 John F Kennedy Blvd.
Philadelphia, PA 19103
Telephone: (215) 375-0961
E-mail: murphy@phillyemploymentlawyer.com
CAFFE ITALIA: Faces "Cabanas" Lawsuit Alleging FLSA Violation
-------------------------------------------------------------
ALBERTO D. CABANAS and other similarly-situated individuals,
Plaintiff(s), v. CAFFE ITALIA, INC. and HUGO E. POZZOLI,
individually, Defendants, Case 1:16-cv-22693-JEM (S.D. Fla., June
27, 2016), seeks to recover money damages for unpaid overtime
wages under the Fair Labor Standards Act.
CAFFE ITALIA is an Italian restaurant.
The Plaintiff is represented by:
Zandro E. Palma., Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Phone: (305) 446-1500
Fax: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
CALIFORNIA, USA: Accused of Failing to Refund Jury Fee Deposits
---------------------------------------------------------------
MICHAEL CLARKE, on behalf of himself and those similarly situated
v. STATE OF CALIFORNIA, JUDICIAL COUNCIL OF CALIFORNIA and Does
1-100, inclusive, Case No. RG16821374 (Cal. Super. Ct., June 29,
2016), arises from the Defendants' alleged failure to refund a
jury fee deposit paid by the proposed class members.
The State of California is a governmental entity established and
governed by the Constitution of the State of California. The
Judicial Council of California is a governmental entity
established and governed by the Constitution of the State of
California, and which functions as the policymaking body of the
California court system. The Plaintiff is unaware of the true
names and capacities of the Doe Defendants.
The Plaintiff is represented by:
Edward C. Casey, Jr., Esq.
LAW OFFICES OF EDWARD C. CASEY, JR.
492 Ninth Street, Suite 260
Oakland, CA 94607
Telephone: (510) 251-2300
Facsimile: (510) 251-2305
E-mail: ed@edcaseylaw.com
- and -
Scott A. Bonzell, Esq.
LAW OFFICES OF SCOTT A. BONZELL
492 Ninth Street, Suite 260
Oakland, CA 94607
Telephone: (510) 625-7700
Facsimile: (510) 625-7709
E-mail: scott@sab-law.net
CARMAX AUTO: Fails to Pay Minimum and OT Wages, "Gomez" Suit Says
-----------------------------------------------------------------
Ryan Gomez, Jorge Iratieta, Parny Milien, Patrick Roe, Robert
Schriner, Serge Shahinian, Joshua Tariff, Phillip Viener,
individually and on behalf of all other persons similarly
situated, and on behalf of the general public v. Carmax Auto
Superstores California, LLC, a California limited liability
corporation; Carmax Auto Superstores West Coast, Inc., a
California corporation; and DOES 1 through 30, inclusive, Case No.
BC625611 (Cal. Super. Ct., June 29, 2016), accuses the Defendants
of, among other things, failure to pay minimum wages,
statutory/contractual wages and overtime wages.
Carmax Auto Superstores California, LLC, is a used car retailer
and owns, controls, and operates vehicle dealerships that
purchase, sell, and finance used vehicles to the general public in
23 cities in the state of California. Carmax Auto Superstores
West Coast, Inc., is a used car retailer and owns, controls, and
operates vehicle dealerships that purchase, sell, and finance used
vehicles to the general public in more than 150 locations in the
nation and operates in 23 cities in the state of California. The
Plaintiffs are ignorant of the true names or capacities of the Doe
Defendants.
The Plaintiffs are represented by:
Shadie L. Berenji, Esq.
Tsolik Kazandjian, Esq.
Kiran Preet Dhillon, Esq.
BERENJI LAW FIRM, APC
8383 Wilshire Boulevard, Suite 708
Beverly Hills, CA 90211
Telephone: (310) 855-3270
Facsimile: (310) 855-3751
E-mail: berenji@employeejustice.law
kazandjian@employeejustice.law
dhillon@employeejustice.law
CARRINGTON COMPANIES: Faces "Santos" Suit in D.N.J.
---------------------------------------------------
A class action lawsuit has been filed against The Carrington
Companies, LLC. The case is captioned PEDRO SANTOS, on behalf of
himself and all others similarly situated, the Plaintiff, v. THE
CARRINGTON COMPANIES, LLC, CARRINGTON HOLDING COMPANY, LLC,
CARRINGTON MORTGAGE SERVICES, LLC, CARRINGTON INSURANCE AGENCY,
LLC, TELSI INSURANCE AGENCY, INC., CARRINGTON REAL ESTATE
SERVICES, LLC, and AMERICAN SECURITY INSURANCE COMPANY, the
Defendant, Case No. 2:16-cv-03679-WHW-CLW (D.N.J., June 22, 2016).
The assigned Judge is Hon. William H. Walls.
The Carrington is engaged in mortgages, asset management, and real
estate business.
The Plaintiff is represented by:
Roosevelt N. Nesmith, Esq.
LAW OFFICE OF ROOSEVELT N. NESMITH, LLC
363 Bloomfield Avenue, Suite 2c
Montclair, NJ 07042
Telephone: (973) 259 6990
Facsimile: (866) 848 1368
E-mail: roosevelt@nesmithlaw.com
CBS CORP: ABS Appeals Ruling in Sound Recordings Copyright Case
---------------------------------------------------------------
Plaintiffs ABS Entertainment, Inc., Barnaby Records Inc.,
Brunswick Record Corporation and Malaco Inc. filed an appeal from
a court ruling entered in their purported class action lawsuit
titled ABS Entertainment, Inc., et al. v. CBS Corporation, et al.,
Case No. 2:15-cv-06257-PA-AGR, in the U.S. District Court for the
Central District of California, Los Angeles.
As reported in the Class Action Reporter on June 8, 2016, the
District Court granted summary judgment in the case brought by
four recording companies asserting rights over 174 sample song
recordings, including "All I Have To Do Is Dream" by the Everly
Brothers and Mahalia Jackson's "Go Tell It on the Mountain." The
suit claims that CBS Corp. and CBS Radio Inc., which operates
radio.com, have been illegally playing the song recordings without
a license in violation of California law.
The ruling is the latest in the battle over who owns the rights to
song recordings made prior the U.S. Copyright Act of 1972. In his
order, U.S. District Judge Percy Anderson found that many of the
recordings at issue were remastered after 1972 and, therefore,
subject to federal copyright law, which preempted the state law
claims in the case.
CBS has filed a summary judgment motion in another case brought by
ABS and the three other plaintiffs in the Southern District of New
York. The same plaintiffs also have suits pending against
iHeartMedia and Cumulus Media.
The appellate case is captioned as ABS Entertainment, Inc., et al.
v. CBS Corporation, et al., Case No. 16-55917, in the United
States Court of Appeals for the Ninth Circuit.
The Clerk of the Appeals Court directed the parties to meet this
time schedule:
July 6, 2016 Mediation Questionnaire due.
July 27, 2016 Transcript shall be ordered.
Oct. 25, 2016 Transcript shall be filed by court reporter.
Dec. 5, 2016 Appellant's opening brief and excerpts of
record shall be served and filed.
Jan. 3, 2017 Appellees' answering brief and excerpts of
record shall be served and filed.
The optional appellant's reply brief shall be filed and served
within 14 days of service of the appellees' brief. Failure of
the appellant to comply with the Time Schedule Order will
result in automatic dismissal of the appeal.
CHILDFIRST SERVICES: "Taylor" Suit Seeks OT Wages Under FLSA
------------------------------------------------------------
Carla Taylor, on behalf of herself and all others similarly
situated, the Plaintiff, v. ChildFirst Services, Inc., the
Defendant, Case No. 5:16-cv-03175-JLS (E.D. Penn., June 20, 2016),
seeks to recover overtime wages, pursuant to the Fair Labor
Standards Act, Pennsylvania Minimum Wage Act (PMWA), and
Pennsylvania Wage Payment and Collection Law (WPCL).
The Plaintiff is a former employee of Defendant who was employed
as House Parent. During the course of employment, the Plaintiff
regularly worked in excess of forty hours per week, but was not
properly compensated for her work.
ChildFirst operates small group residences, supervised independent
living residences, and treatment foster care for children.
The Plaintiff is represented by:
Michael Patrick Murphy Jr., Esq.
MURPHY LAW GROUP LLC
Eight Penn Center Suite 1803
1628 John F Kennedy Blvd
Philadelphia, PA 19103
Telephone: (215) 375 0961
E-mail: murphy@phillyemploymentlawyer.com
CHINA COMMERCIAL: Underwriters Asserted Indemnification Rights
--------------------------------------------------------------
China Commercial Credit, Inc. said in its Form 10-Q Report filed
with the Securities and Exchange Commission on May 17, 2016, for
the quarterly period ended March 31, 2016, that two of the
Underwriter Defendants, Axiom Capital Management, Inc., and
ViewTrade Securities, Inc., have asserted their respective rights
to indemnification.
On August 6, 2014, a purported shareholder Andrew Dennison filed a
putative class action complaint in the United States District
Court District of New Jersey (the "N.J. district court") relating
to a July 25, 2014 press release about the Company's progress in
recovering a significant portion of the $5.4 million the Company
paid in the first quarter of 2014 on behalf of loan guarantee
customers. The action, Andrew Dennison v. China Commercial Credit,
Inc., et al., Case No. 2:2014-cv-04956, alleges that the Company
and its current and former officers and directors Huichun Qin,
Long Yi, Jianming Yin, Jinggen Ling, Xiangdong Xiao, and John F.
Levy violated the federal securities laws by misrepresenting in
prior public filings certain material facts about the risks
associated with its loan guarantee business. On October 2, 2014,
purported shareholders Zhang Yun and Sanjiv Mehrotra (the "Yun
Group") asserted substantially similar claims against the same
defendants in a putative class action captioned Zhang Yun v. China
Commercial Credit, Inc., et al., Case No. 2:14-cv-06136 (D. N.J.).
Neither complaint states the amount of damages sought.
On or about October 6, 2014, Dennison, the Yun Group and another
purported shareholder, Jason Stark, filed motions to consolidate
the cases, be appointed as lead plaintiff and to have their
respective counsel appointed as lead counsel. On October 31, 2014,
the N.J. district court entered an order consolidating the cases
under the caption "In re China Commercial Credit Inc. Securities
Litigation" and appointing the Yun Group as lead plaintiff ("Class
Plaintiff") and the Yun Group's counsel as lead counsel.
On November 18, 2014, the Yun Group and the Company, which at that
point was the only defendant served, entered into a stipulation to
transfer of the case to the Southern District of New York. On
December 18, 2014, Mr. Levy, who had by then been served, joined
in the stipulation. On December 29, 2014, the N.J. district court
entered an order transferring the action. The transfer was
effected on January 22, 2015, and assigned docket number 1:15-cv-
00557-ALC (S.D.N.Y.).
Under the schedule stipulated by the parties, the Yun Group was to
file an amended complaint within 60 days of the date that the
transfer was effected, and the defendants' date to answer or move
was within 60 days of that filing. On April 7, 2015, the Class
Plaintiff filed a Second Amended Class Action Complaint (the
"CAC"). The CAC also asserts securities law claims against
defendants Axiom Capital Management, Inc., Burnham Securities Inc.
and ViewTrade Securities, Inc. (collectively, the "Underwriter
Defendants"). The CAC alleges that the Company engaged in a
fraudulent scheme by engaging in undisclosed and improper lending
practices and made misleading representations regarding its
underwriting policies, the loan portfolio quality, the loan loss
allowance, compliance with U.S. GAAP and its internal control
systems.
In accordance with the Court's procedures, the Company and Mr.
Levy and the Underwriter Defendants requested a Pre-Motion
Conference in anticipation of filing a motion to dismiss the CAC,
which was held on June 25, 2015. At the conference, the Court
adjourned the date to answer or move in order to provide the Class
Plaintiff with time to serve certain overseas defendants. After
the conference, the Class Plaintiff voluntarily dismissed Jianming
Yin, Jinggen Ling and Xiangdong Xiao from the action, and Long Yi
agreed to waive service, which left Huichun Qin as the sole
remaining defendant to serve. The case remains stayed pending
service of Huichun Qin.
On April 22, 2016, the Company entered into a Stipulation and
Agreement of Settlement (the "Stipulation") to settle the
Securities Class Action. The Stipulation resolves the claims
asserted against the Company and certain of its current and former
officers and directors in the Securities Class Action without any
admission or concession of wrongdoing or liability by the Company
or the other defendants. The Stipulation also provides, among
other things, a settlement payment by the Company of $225,000 in
cash and the issuance of 750,000 shares of its common stock (the
"Settlement Shares") to the class members. The terms of the
Stipulation are subject to approval by the Court following notice
to all class members. The issuance of the Settlement Shares is
expected to be exempt from registration pursuant to Section
3(a)(10) of the Securities Act of 1933, as amended.
Two of the Underwriter Defendants, Axiom Capital Management, Inc.,
and ViewTrade Securities, Inc., have asserted their respective
rights to indemnification under the Underwriting Agreements
entered into in connection with the Company's initial public
offering and secondary offering. On or about March 16, 2016, CCCR
entered into an Advance Funding and Escrow Agreement, under which
the CCCR agreed to deposit shares into escrow to fund the
advancement obligation, with the initial deposit to be shares
valued at Two Hundred Thousand Dollars ($200,000), based upon 80%
of the 30 day volume weighted average Trading Price ("VWAP") for
each of the 30 consecutive trading days prior to the date of the
Agreement.
CITRUS HEIGHTS, CA: Faces "Drobish" Suit Seeking OT Pay
-------------------------------------------------------
JESSICA DROBISH, on behalf of herself and all similarly situated
individuals, Plaintiff, v. CITY OF CITRUS HEIGHTS, Defendant, Case
2:16-at-00762 (E.D. Cal., June 27, 2016), seeks to recover alleged
unpaid overtime and other compensation, interest thereon,
liquidated damages, costs of suit and reasonable attorney fees
under the Fair Labor Standards Act.
Defendant 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, APC
1912 "I" Street
Sacramento, CA 95811
Phone: (916) 446-4692
Fax: (916) 447-4614
COMCAST CORP: Faces Cal. Lawsuit Alleging Violation of TCPA
-----------------------------------------------------------
MELINDA BROWN, GREGORIE GREEN, ANETTE AVILA, MITCHELL BREWER, TONI
BENEDICT, RICHARD PERDUE, SAMUEL BALTIERRA, and JULIE EVERTS
Plaintiffs, vs. COMCAST CORPORATION, Defendant, Case No.: 14-cv-
00953-JAM-CKD (N.D. Cal., June 28, 2016), was brought pursuant to
the Telephone Consumer Protection Act, and the Fair Debt
Collection Practices Act.
Comcast Corp. is an American multinational mass media company.
John Kristensen, Esq.
KRISTENSEN WEISBERG, LLP
12304 Santa Monica Boulevard, Suite 100
Los Angeles, CA 90025
E-mail: john@kristensenlaw.com
- and -
W. Craft Hughes, Esq.
Jarrett L. Ellzey, Esq.
HUGHES ELLZEY, LLP
2700 Post Oak Blvd., Ste. 1120
Houston, TX 77056
E-mail: craft@hughesellzey.com
jarrett@hughesellzey.com
- and -
Bryant Fitts, Esq.
FITTS LAW FIRM, PLLC
2700 Post Oak Blvd., Ste. 1120
Houston, TX 77056
E-mail: bfitts@fittslawfirm.com
COMMUNITY HEALTH: New York Retirees Appeal Ruling in Norfolk Suit
-----------------------------------------------------------------
Plaintiffs New York City Employees' Retirement System, New York
City Fire Department Pension Fund, New York City Police Department
Pension Fund, New York City Teachers' Retirement System and New
York City Teachers' Retirement System Variable Annuity Program
filed an appeal from a court ruling in the consolidated litigation
styled Norfolk Cnty Retirement System, et al. v. Community Health
Systems, Inc, et al., Lead Case No. 3:11-cv-00433, in the U.S.
District Court for the Middle District of Tennessee at Nashville.
As previously reported in the Class Action Reporter on May 30,
2016, Community Health Systems, Inc. said in its Form 10-Q Report
filed with the Securities and Exchange Commission that discovery
is underway in a consolidated shareholder class action lawsuit.
Three purported class action cases have been filed in the United
States District Court for the Middle District of Tennessee;
namely, Norfolk County Retirement System v. Community Health
Systems, Inc., et al., filed May 9, 2011; De Zheng v. Community
Health Systems, Inc., et al., filed May 12, 2011; and Minneapolis
Firefighters Relief Association v. Community Health Systems, Inc.,
et al., filed June 21, 2011. All three seek class certification on
behalf of purchasers of the Company's common stock between July
27, 2006 and April 11, 2011 and allege that misleading statements
resulted in artificially inflated prices for the Company's common
stock.
In December 2011, the cases were consolidated for pretrial
purposes and NYC Funds and its counsel were selected as lead
plaintiffs/lead plaintiffs' counsel. In lieu of ruling on the
Company's motion to dismiss, the court permitted the plaintiffs to
file a first amended consolidated class action complaint, which
was filed on October 5, 2015. The Company's motion to dismiss was
filed on November 4, 2015 and oral argument was held on April 11,
2016. Discovery is also continuing. The Company believes this
consolidated matter is without merit and will vigorously defend
this case.
The appellate case is captioned as Norfolk Cnty Retirement System,
et al. v. Community Health Systems, Inc, et al., Case No. 16-6059,
in the United States Court of Appeals for the Sixth Circuit.
The Plaintiffs-Appellants are represented by:
W. Michael Hamilton, Esq.
PROVOST UMPHREY LAW FIRM, L.L.P.
2021 Richard Jones Road, Suite 300
Nashville, TN 37215
Telephone: (615) 297-1932
Facsimile: (615) 297-1986
- and -
Barbara J. Hart, Esq.
LOWEY DANNENBERG COHEN & HART, P.C.
One N. Broadway, Suite 509
White Plains, NY 10601
Telephone: (914) 733-7227
Facsimile: (914) 997-0035
E-mail: bhart@lowey.com
Defendants-Appellees COMMUNITY HEALTH SYSTEMS, INC., WAYNE T.
SMITH and W. LARRY CASH are represented by:
John R. Jacobson, Esq.
RILEY WARNOCK & JACOBSON, PLC
1906 West End Avenue
Nashville, TN 37203
Telephone: (615) 320-3700
E-mail: jjacobson@rwjplc.com
CONTINENTAL AUTOMOTIVE: West Seeks to Recover ERISA Plan Benefits
-----------------------------------------------------------------
MARK WEST, RICKIE DON BASH, RAYNARD STEWART MOORE, SHARLENE
KNIGHT, ANNA MARIE ROSS, BRUCE ADAMS, BRIAN THOMPSON, MICHAEL
MCMANUS, STEVEN PRICE, CARL HARVELL, STACIA ANDREA WILKES, and all
others similarly situated v. CONTINENTAL AUTOMOTIVE, INC., and
PENSION PLAN FOR HOURLY-PAID EMPLOYEES OF CONTINENTAL AUTOMOTIVE,
INC. AND CERTAIN AFFILIATE COMPANIES, Case No. 3:16-cv-00502
(W.D.N.C., June 29, 2016), seeks recovery of benefits brought by
the Plaintiffs for themselves and other similarly-situated
participants, beneficiaries, retirees, eligible dependents, and
surviving spouses, pursuant to an employee pension benefit plan
under the Employment Retirement Income Security Act of 1974.
Continental is a Delaware corporation that does substantial
business in the Western District of North Carolina. Pension Plan
for Hourly-Paid Employees of Continental Automotive, Inc. and
Certain Affiliated Companies is an "employee pension benefit plan"
and "pension plan" within the meaning of ERISA. Continental is
the Plan Sponsor, as that term is defined in ERISA.
The Plaintiffs are represented by:
Norris A. Adams, II, Esq.
Edward G. Connette, Esq.
Caitlin H. Walton, Esq.
ESSEX RICHARDS, P.A.
1701 South Boulevard
Charlotte, NC 28203
Telephone: (704) 377-4300
Facsimile: (704) 372-1357
E-mail: nadams@essexrichards.com
woody@essexrichards.com
cwalton@essexrichards.com
CPA GLOBAL: Faces Class Suit by Run Them Sweet in California
------------------------------------------------------------
RUN THEM SWEET, LLC, a California limited liability company, on
behalf of themselves and those similarly situated v. CPA GLOBAL
LIMITED, a foreign entity formed under the laws of the Island of
Jersey, Channel Islands, and CPA GLOBAL NORTH AMERICA, LLC, a
Delaware limited liability company, Case No. 3:16-cv-03662-LB
(N.D. Cal., June 29, 2016), arises from contract-related disputes.
CPA Global Limited provides intellectual property and legal
support services. The Company offers corporate solutions, IP
management software, IP support services, patent services,
trademark services, and general legal support services to
corporations. The Company also offers law firm solutions, IP
management software, IP support services, patent services,
trademark services, and general legal support services to law
firms. In addition, it offers outsourced legal support services
through its global delivery centers in Europe, the United States,
and India; and assists corporations and law firms in managing IP
rights, such as patents, designs, and trademarks. The Company has
offices in several countries, with its head office in St. Helier,
Jersey, Channel Islands.
The Plaintiff is represented by:
Ethan J. Brown, Esq.
Geoffrey A. Neri, Esq.
BROWN NERI SMITH & KHAN, LLP
11766 Wilshire Blvd., Suite 1670
Los Angeles, CA 90025
Telephone: (310) 593-9890
Facsimile: (310) 593-9980
E-mail: ethan@bnsklaw.com
geoff@bnsklaw.com
CVS PHARMACY: "Elmore" Suit Seeks Earned Wages Under Labor Code
---------------------------------------------------------------
AARON ELMORE, the Plaintiff, v. CVS PHARMACY, INC; GARFIELD BEACH
CVS, L.L.C.; CVS HEALTH CORP.; and DOES 1-20, inclusive, the
Defendants, Case No. BC 624215 (Cal. Super. Ct., June 20, 2016),
seeks judgment against Defendants for (i) payment of earned wages,
withheld earnings, and other damages; (ii) payment of all
statutory obligations and penalties; (iv) penalties, special
damages, compensatory, and general damages;(v) punitive damages;
(vi) incurred lost income; (vii) reasonable attorneys' fees;
(viii) cost of suit; (ix) interest provided by law; (x) all
interest and penalties pursuant by law; and (xi) restitution and
other equitable relief.
The Defendant allegedly failed to pay the Plaintiff with ten-
minute rest periods for each four hours he worked and thirty-
minute meal periods for each five hours he worked; labor code
premiums for the required rest periods; hours worked including
overtime rates for his hours worked over 8 hours in a day and 40
hours in a week; and double time rates for working more than 12
hours in a day and seven consecutive days' and agreed upon wage
and minimum wage for all 24 of her hours worked.
CVS, a retail pharmacy, operates a chain of CVS/pharmacy and Longs
Drug stores in the United States.
The Plaintiff is represented by:
Lawrence W. Freiman, Esq.
Michael J. Freiman, Esq.
FREIMAN LAW
100 Wilshire Blvd., Ste. 940 .
Santa Monica, CA 9040 I
Telephone: (310) 917-1024
Facsimile: (888) 835-8511
E-mail: lawrence@freimanlaw.com
michael@freimanlaw.com
DALLAS, TX: Topletz Brings Appeal to Tex. Appeals Ct.
-----------------------------------------------------
Dennis Topletz, Ind., et al., the Appellant, v. City of Dallas,
and James Choice, et al., the Appellees, Case No. 05-16-00741-CV
(Tex. Ct. of Appeals, June 27, 2016), is an appeal filed before
the United States Court of Appeals for the Texas Court of Appeals,
from a lower court decision in Case No. DC-15-13993 (193rd
Judicial Dist. Ct., Dallas).
The Appellant is represented by:
James P. Moon, Esq.
Charles I. Kaplan, Esq.
Shelby O'Brien, Esq.
Craig T. Enoch, Esq.
The Appellee City of Dallas is represented by:
Melissa A. Miles, Esq.
Anna Byrne, Esq.
The Appellee James Choice, et al. is represented by:
Michael J. Hindman, Esq.
Jennifer Weber Johnson, Esq.
Mark A. Ticer, Esq.
DARDEN RESTAURANTS: "Tocci" Suit Seeks to Recover Unpaid Wages
--------------------------------------------------------------
KURT TOCCI, an individual, and on behalf of others similarly
situated v. DARDEN RESTAURANTS, INC., a Florida Corporation; GMRI,
INC., a Florida Corporation; YARD HOUSE USA, INC., a Delaware
Corporation; YARD HOUSE NORTHRIDGE LLC., a California Limited
Liability Company; and DOES 1 through 100, inclusive, Case No.
BC625604 (Cal. Super. Ct., June 29, 2016), seeks to recover
penalties arising from alleged unpaid wages earned and due,
including unpaid and illegally calculated overtime compensation,
illegal meal and rest period policies, failure to pay all wages
due to discharged or quitting employees, and failure to maintain
required records, among other failures.
Darden and GMRI are Florida corporations authorized to conduct
business in the state of California. YH USA is a Delaware
corporation authorized to conduct business in the state of
California. YH Northridge is a California Limited Liability
Company and maintains offices in the County of Los Angeles. The
true names and capacities of the Doe Defendants are unknown to the
Plaintiff at this time.
Darden is a full service restaurant company. The Company owns and
operates more than 1,500 restaurants. The Company's restaurant
brands include Olive Garden, LongHorn Steakhouse, Bahama Breeze,
Seasons 52, The Capital Grille, Eddie V's Prime Seafood, Wildfish
Seafood Grill and Yard House.
The Plaintiff is represented by:
Matthew J. Matern, Esq.
Dalia Khalili, Esq.
Daniel J. Bass, Esq.
MATERN LAW GROUP, P.c.
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
Telephone: (310) 531-1900
Facsimile: (310) 531-1901
E-mail: MMatern@maternlawgroup.com
dkhalili@maternlawgroup.com
dbass@maternlawgroup.com
DJM ADVISORY: Faces O.P. Schuman Suit in E.D. Penn.
---------------------------------------------------
A lawsuit has been filed against DJM Advisory Group. The case is
captioned O.P. SCHUMAN & SONS, INC., INDIVIDUALLY AND AS THE
REPRESENTATIVE OF A CLASS OF SIMILARLY SITUATED PERONS, the
Plaintiff, v. DJM ADVISORY GROUP, LLC, BANNER LIFE INSURANCE
COMPANY, WILLIAM PENN LIFE INSURANCE COMPANY OF NEW YORK, and JOHN
DOES 1-12, the Defendants, Case No. 2:16-cv-03563-JS (E.D. Penn.,
June 27, 2016). The assigned Judge is Hon. Juan R. Sanchez.
DJM Advisory offers insurance and financial products to
individuals and businesses, including auto, homeowner, life,
business, and group health.
The Plaintiff is represented by:
Alan C. Milstein, Esq.
SHERMAN SILVERSTEIN KOHL ROSE PODOLSKY
308 harper Dr., Ste 200
Moorestown, NJ 08057-3245
Telephone: (856) 662 0700
Facsimile: (856) 488 4744
E-mail: amilstein@shermansilverstein.com
DOMINO'S PIZZA: Faces "Pennington" Suit Over Failure to Pay OT
--------------------------------------------------------------
Doris Pennington, individually and on behalf of all others
similarly situated v. Domino's Pizza, LLC; GDK Go, Inc. & El Sadig
Abdelmotal, Case No. 4:16-cv-01759 (S.D. Tex., June 17, 2016), is
brought against the Defendants for failure to pay overtime wages
in violation of the Fair Labor Standards Act.
The Defendants operate a Domino's pizza store at 9428 Cullen Blvd,
Ste. C, Houston, Texas, 77051 in Houston, Harris County, Texas.
The Plaintiff is represented by:
Trang Q. Tran, Esq.
Alecia D. Best, Esq.
TRAN LAW FIRM, L.L.P.
9801 Westheimer Road, Suite 302
Houston, TX 77042
Telephone: (713) 223-8855
Facsimile: (713) 623-6399
E-mail: ttran@tranlawllp.com
- and -
Nichole Nech, Esq.
THE NECH LAW FIRM
800 Bering Drive, Suite 220
Houston, TX 77057
Telephone: (713) 936-9496
Facsimile: (888) 557-7257
E-mail: nichole@nechtriallaw.com
DORAKU BRICKELL: FLSA Class Certification Sought in "Caccavale"
---------------------------------------------------------------
The Plaintiffs move the Court for an order certifying the
collective action styled STEFANO CACCAVALE, KRASEN GEORGIEV, and
JUAN MORALES, on behalf of themselves and others similarly
situated v. DORAKU BRICKELL LLC, a Florida limited liability
company, KEVIN AOKI, an individual, and AARON HYATT, an
individual, Case No. 1:16-cv-21837-KMM (S.D. Fla.), and
authorizing notice to all class members pursuant to the Fair Labor
Standards Act of 1938. The Plaintiffs seek conditional
certification of this class:
All persons who worked for Defendants as servers, were paid
below the Florida minimum and overtime wage during the three
(3) years preceding this lawsuit, and were forced to share
their tips with employees who do not customarily and
regularly receive tips.
The Plaintiffs also ask the Court to direct the Defendants to
produce to the Plaintiffs' 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=AQOPuXso
The Plaintiffs are 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:
Alexander Pastukh, Esq.
ALEXANDER PASTUKH, PA
1395 Brickell Avenue, Suite 800
Miami, FL 33131
Telephone: (305) 502-5715
E-mail: apastukh@appalaw.com
DORAKU BRICKELL: Rule 23 Class Cert. Sought in "Caccavale" Suit
---------------------------------------------------------------
The Plaintiffs in the lawsuit titled STEFANO CACCAVALE, KRASEN
GEORGIEV, and JUAN MORALES, on behalf of themselves and others
similarly situated v. DORAKU BRICKELL LLC, a Florida limited
liability company, KEVIN AOKI, an individual, and AARON HYATT, an
individual, Case No. 1:16-cv-21837-KMM (S.D. Fla.), move the Court
for an order certifying a Rule 23 Class pursuant to the Florida
Minimum Wage Amendment and Rule 23 (2012) of the Federal Rules of
Civil Procedure, and authorizing notice to all Class Members. The
Plaintiffs seek class-action certification of this class:
All persons who worked for Defendants as servers, were paid
below the Florida minimum wage during the five (5) years
preceding this lawsuit, and were forced to share their tips
with employees who do not customarily and regularly receive
tips.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=EG8zXhFr
The Plaintiffs are 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:
Alexander Pastukh, Esq.
ALEXANDER PASTUKH, PA
1395 Brickell Avenue, Suite 800
Miami, FL 33131
Telephone: (305) 502-5715
E-mail: apastukh@appalaw.com
ELECTRO RENT: "Wadsworth" Suit Enjoins Merger with Platinum
-----------------------------------------------------------
MICHAEL WADSWORTH, on behalf of himself and all others similarly
situated, the Plaintiff, v. ELECTRO RENT CORPORATION, DANIEL
GREENBERG, NANCY Y. BEKAVAC, KAREN J. CURTIN, THEODROE E. GUTH,
JOSEPH J. KEARNS, JAMES S. PIGNATELLI, PLATINUM EQUITY, LLC,
ELECOR INTERMEDIATE HOLDING II CORPORATION, and ELECOR
MERGER CORPORATION, the Defendants, Case No. 2:16-cv-04431 (C.D.
Cal., June 20, 2016), seeks to enjoin a merger between Electro and
Platinum.
The Plaintiff also brings claims against Defendants for their
violations of the Securities Exchange Act of 1934, compelling the
Individual Defendants to properly exercise their fiduciary duties
to Electro stockholders in connection with their attempt to sell
the Company to Platinum by means of an unfair process and for an
unfair price.
On May 31, 2016, Electro and Platinum jointly announced that they
had entered into an Agreement and Plan of Merger (Merger
Agreement) that will culminate in Platinum, through Merger Sub 1
and Merger Sub 2, acquiring all of the outstanding shares of
Electro. Under the terms of the Merger Agreement, Electro public
stockholders will receive $13.12 in cash for every share of
Electro common stock held, for an approximate aggregate value of
$323.4 million (Proposed Acquisition). By approving the Proposed
Acquisition, the Individual Defendants have breached their
fiduciary duties of loyalty, good faith, due care and disclosure
by:
(i) agreeing to sell Electro without first taking steps to
ensure that Plaintiff and Class members would obtain adequate,
fair and maximum consideration under the circumstances; and
(ii) engineering the Proposed Acquisition to benefit
themselves and/or Platinum without regard for Electro public
stockholders.
Electro rents, leases, and sells new and used electronic test and
measurement (T&M) equipment primarily for use in the aerospace and
defense, telecommunications, electronics, industrial, and
semiconductor markets.
The Plaintiff is represented by:
Evan J. Smith, Esq.
BRODSKY & SMITH, LLC
9595 Wilshire Boulevard, Suite 900
Beverly Hills, CA 90212
Telephone: (877) 534 2590
Facsimile: (610) 667 9029
E-mail: esmith@brodsky-smith.com
EZCORP INC: 11th Cir. Appeal Filed From Ruling in "Ward" Suit
-------------------------------------------------------------
Kevin Peter Ward filed an appeal from a court ruling entered in
the lawsuit entitled Kevin Ward v. EZPW, et al., Case No. 6:15-cv-
00474-ACC-DAB, in the U.S. District Court for the Middle District
of Florida.
The appellate case is captioned as Kevin Ward v. EZPW, et al.,
Case No. 16-14280, in the United States Court of Appeals for the
Eleventh Circuit.
As previously reported in the Class Action Reporter on April 10,
2015, Mr. Ward, individually and on behalf of all others similarly
situated sued EZCorp, Inc., and Value Financial Services, Inc.,
alleging that the Defendants are charging improper fees upon
repayment of loan.
EZCorp, Inc. owns and operates chains of retail pawnshops
throughout the United States. Value Financial Services, Inc. owns
and operates a chain of pawnshop in the states of Florida and
Georgia.
Plaintiff-Appellant Kevin Peter Ward is represented by:
Benjamin Hans Crumley, Esq.
CRUMLEY WOLFE & BURGESS, PA
2254 Riverside Ave.
Jacksonville, FL 32204-4620
Telephone: (904) 374-0111
Facsimile: (904) 374-0113
E-mail: ben@cwbfl.com
- and -
William Craft Hughes, Esq.
Jarrett L. Ellzey, Esq.
HUGHES ELLZEY, LLP
2700 Post Oak Blvd., Ste. 1120
Galleria Tower I
Houston, TX 77056
Telephone: (713) 554-2377
Facsimile: (888) 995-3335
E-mail: craft@hughesellzey.com
jarrett@hughesellzey.com
Defendants-Appellees EZCORP, INC., and EZPAWN FLORIDA, INC.,
d.b.a. Value Pawn and Jewelry, are represented by:
Brandon Faulkner, Esq.
HOLLAND & KNIGHT, LLP
100 N Tampa St., Suite 4100
Tampa, FL 33602-3642
Telephone: (813) 227-6321
E-mail: brandon.faulkner@hklaw.com
- and -
Charles A. Wachter, Esq.
HOLLAND & KNIGHT, LLP
PO BOX 1288
Tampa, FL 33601-1288
Telephone: (813) 227-6657
E-mail: charles.wachter@hklaw.com
FIDELITONE LAST: Misclassified Truck Drivers, "Chang" Suit Claims
-----------------------------------------------------------------
JULIO CHANG, individually, on behalf of all similarly situated
current and former employees, and on behalf of the State of
California and all Aggrieved Employees v. FIDELITONE LAST MILE,
INC., a Delaware Corporation; FWL LOGISTICS, INC., a Delaware
Corporation; and DOES 1 through 10, inclusive, Case No. BC625531
(Cal. Super. Ct., June 29, 2016), is brought on behalf of the
Plaintiff and all current and former truck drivers, who resided in
California and were misclassified by the Defendants as independent
contractors within the last four years, alleging that the
Defendants failed to pay regular and overtime wages, among other
violations.
Fidelitone and FWL are Delaware Corporations authorized to and
doing business is in Los Angeles County, California. The
Plaintiff is ignorant of the true names and capacities of the Doe
Defendants. The Defendants provide transportation and supply
chain management services, including the delivery and installation
of office equipment.
The Plaintiff is represented by:
Brian J. Mankin, Esq.
Peter J. Carlson, Esq.
FERNANDEZ & LAUBY LLP
4590 Allstate Drive
Riverside, CA 92501
Telephone: (951) 320-1444
Facsimile: (951) 320-1445
E-mail: bjm@fernandezlauby.com
pjc@fernandezlauby.com
FIRST NATIONAL: Faces "Flores" Suit in E.D.N.Y.
-----------------------------------------------
A class action lawsuit has been filed against First National
Collection Bureau, Inc. The case is captioned Carols A. Flores, on
behalf of himself and all others similarly situated, the
Plaintiff, v. First National Collection Bureau, Inc., and John
Does 1-25, the Defendant, Case No. 1:16-cv-03407-PKC-JO (E.D.N.Y.,
June 22, 2016). The assigned Judge is Hon. Pamela K. Chen.
First National is a collection agency specializing in the
collection of older debt.
The Plaintiff is represented by:
Joseph Karl Jones, Esq.
JONES, WOLF & KAPASI, LLC
555 Fifth Avenue, Suite 1700
New York, NY 10017
Telephone: (646) 459 7971
Facsimile: (646) 459 7973
E-mail: jkj@legaljones.com
FIRSTSOURCE ADVANTAGE: Lugo Appeals Ruling to 3rd Circuit
---------------------------------------------------------
Wendy Lugo filed an appeal from a court ruling entered in the
lawsuit entitled Wendy Lugo v. Firstsource Advantage LLC, Case No.
2-15-cv-06405, in the United States District Court for the
District of New Jersey.
The lawsuit alleges violations of the Fair Debt Collection
Practices Act.
In an Order dated June 16, 2016, District Court Judge Susan D.
Wigenton granted a motion to dismiss filed by the Defendant, and
terminated the case.
The appellate case is captioned as Wendy Lugo v. Firstsource
Advantage LLC, Case No. 16-3016, in the United States Court of
Appeals for the Third Circuit.
The Plaintiff-Appellant is represented by:
Joseph K. Jones, Esq.
JONES, WOLF & KAPASI LLC
375 Passaic Avenue
Fairfield, NJ 07004
Telephone: (973) 227-5900
The Defendant-Appellee is represented by:
Dinesh U. Dadlani, Esq.
SEGAL MCCAMBRIDGE SINGER & MAHONEY
15 Exchange Place, Suite 1020
Jersey City, NJ 07302
Telephone: (201) 209-0393
E-mail: ddadlani@smsm.com
FORD MOTOR: Edwards Appeals From Ruling in Freestyle Defects Suit
-----------------------------------------------------------------
Plaintiff Gene Edwards filed an appeal from a court ruling in the
lawsuit titled Gene Edwards v. Ford Motor Company, Case No. 3:11-
cv-01058-MMA-BLM, in the U.S. District Court for the Southern
District of California, San Diego.
As previously reported in the Class Action Reporter on July 4,
2016, Defendant Ford Motor Company also filed an appeal from a
court ruling entered in the proceeding. That 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.
In her original lawsuit, 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 Plaintiff's appellate case is captioned as Gene Edwards v.
Ford Motor Company, Case No. 16-55935, in the United States Court
of Appeals for the Ninth Circuit.
Plaintiff-Appellant Gene Edwards 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
Defendant-Appellee Ford Motor Company 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 -
Jonathan Hacker, Esq.
O'MELVENY & MYERS LLP
1625 Eye Street, N.W.
Washington, DC 20006
Telephone: (202) 383-5285
E-mail: jhacker@omm.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
FRIEND TRUSTED: Faces "Mankin" Suit in S.D. Cal.
------------------------------------------------
A class action lawsuit has been filed against Friend Trusted, Inc.
The case is captioned Vicki Mankin, Individually and On Behalf of
All Others Similarly Situated, the Plaintiff, v. Friend Trusted,
Inc., the Defendant, Case No. 3:16-cv-01582-JM-WVG (S.D. Cal.,
June 22, 2016). The assigned Judge is Hon. Jeffrey T. Miller.
Friend Trusted develops a home improvement application that
provides quotes from various contractors in the United States.
The Plaintiff is represented by:
Nicholas J. Bontrager, Es.
MARTIN & BONTRAGER, APC
6464 W. Sunset Blvd., Suite 960
Los Angeles, CA 90028
Telephone: (323) 940 1700
Facsimile: (323) 238 8095
E-mail: Nick@mblawapc.com
GE INSPECTION: "Kumar" Suit Seeks Overtime Pay Under FLSA
---------------------------------------------------------
SUMIT KUMAR & RANDY JOHNSON, individually and on behalf of a group
of individuals similarly situated, Plaintiffs, v.
GE INSPECTION TECHNOLOGIES, LP), Defendant, C.A. No. 16-1845
(Mass. Super., June 27, 2016), alleges violation of the
Massachusetts Payment of Wages Act.
A division of General Electric (GE) Measurement & Control
Solutions, GE's Inspection Technologies provides a full suite of
non-destructive testing (NDT) solutions, including radiography,
computed tomography, remote visual inspection, ultrasound,
electromagnetic, hardness testing and metrology.
The Plaintiffs are represented by:
John R. Bita III, Esq.
35 India Street, 3rd Floor
Boston MA 02110
Phone: 617-538-5407
E-mail: jrb@bitalaw.com
- and -
Michael Bace, Esq.
BACE LAW GROUP, LLC
P.O. Box 9316
Boston, MA 02114
Phone: 508-922-8328
E-mail: mjb@bacelaw.com
GLADSTONE INVESTMENT: Noble Logistics Faces Wage and Hour Suit
--------------------------------------------------------------
Gladstone Investment Corporation said in its Form 10-Q Report
filed with the Securities and Exchange Commission on May 17, 2016,
for the quarterly period ended March 31, 2016, that a former
portfolio company, Noble Logistics, Inc. ("Noble") is a defendant
in employment law wage and hour and independent contractor
misclassification claims in a purported class action seeking
monetary damages, Maximo v. Aspen Contracting California LLC
d/b/a/ Noble Logistics, et al., or Maximo. Noble is a debtor in a
bankruptcy case under Chapter 11 of the federal bankruptcy code,
pending in federal bankruptcy court in Delaware. The claims
against Noble asserted in the Maximo case have been stayed by the
filing of Noble's bankruptcy case. A lawsuit brought by plaintiffs
Clarence and Sheila Walder against a customer of Noble is also
pending in California based on similar facts relating to Noble and
claims under California law. The Maximo and Walder plaintiffs have
attempted to bring claims against the Company and other former
investors in Noble based primarily on allegations that the Company
and other investors controlled Noble and were responsible for the
misclassification of Noble's workforce. To date, claims against
the Company have been struck by a court or voluntarily dismissed
by the plaintiffs in connection with the automatic stay arising in
connection with the Noble bankruptcy. While neither the Company
nor any of its portfolio companies (other than Noble) are
currently defendants in these cases, they may in the future be
subject to claims by these plaintiffs or other persons alleging
similar claims, or may expend funds on behalf of Noble to defend
claims.
HG STAFFING: Faces "Corral" Suit Over Alleged FLSA Violation
------------------------------------------------------------
SHENNA CORRAL (formerly MEENDERINK), WHITNEY VAUGHAN, BRANDI
SMITH, JUSTINE BRADLEY, TIFFANY CARRERA, and ROXANNE PRIMUS on
behalf of themselves and all others similarly situated,
Plaintiffs, v. HG STAFFING, LLC, MEI-GSR HOLDINGS LLC d/b/a GRAND
SIERRA RESORT, and DOES 1 through 50, inclusive, Defendants, Case
3:16-cv-00386-HDM-WGC (D. Nev., June 28, 2016), alleges that
Defendants failed to pay wages for all hours and to pay overtime
in violation of the Fair Labor Standards Act.
HG Staffing LLC is a staffing and human resources corporation.
The Plaintiffs are represented by:
Mark R. Thierman, Esq.
Joshua D. Buck, Esq.
Leah L. Jones, Esq.
THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
Phone: (775) 284-1500
Fax: (775) 703-5027
E-mail: mark@thiermanbuck.com
josh@thiermanbuck.com
leah@thiermanbuck.com
HG STAFFING: Faces "Benson" Lawsuit Alleging Violation of FLSA
--------------------------------------------------------------
CATHY BENSON, SAMANTHA AGUILAR, DINORA BACA, PRICILLA CALVERT,
JOSE CANO, PHUNG CAO, DINH CAO-TRUONG, MARIA CARRILLO, MARIA
CASTELLANOS, MAY CHAN, MARIA CHAVARIN, MARIA CHAVEZ-TRUJILLO, WU
CHEN, GING CHUNG, ISMAELA CRUZ, KAREN D'AGOSTINO, TERESA DAVIS,
ANJANETTE DAY, ROSALBA DIAZ, MYRINA DRUMMER, DIANA ELLISON,
SIU FONG, JACQUELINE FORSTER, LUZVIMINADA GALINDO, BENG ALLARDO,
LETICIA GARCIA, MARIXA GARCIA, AURORA GARCIA DE JACINTO, MARIA
GARCIA-LEON, FLOYD GLOVER, MARIA GONZALEZ, XIU XIA HUANG, QUAN
HUANG, CHIU HUI, MANUELA HURTADO, EVANGELINE JUAREZ, MARICELA
JUAREZ, CRISTINA KIRK, CUI KUANG, JIAN KUANG, FONG LAM, YUE LEE,
ZHONG LI, XIU LI, TU LONG, MARIA MARQUEZ, MARIA MARTINEZ, MANUEL
MEJIA, ROSALBA MENDEZ, SARA MONTOYA, DENISE, NAVARRO, MARIA OLIVA,
DOMITRINI ORDOVEZA, ANA ORNELAS, ROSA PADILLA, CECILIA PALACIOS,
ANA PALOMINODIAZ, CARRI PEARSON, MARGARITA PELAEZ, MARIA RAMIREZ,
MARISSA RAMOS, TERESA RAMOS, MARIA RUIZ, MARYBEL RUIZ-CASTILLO,
ESTELA SALDANA, KATRINA SCAUBATO, IMEDA SOLORZANO-YANES, AYLA
SQUARTSOFF, ELODIA TORRES-DE ARELLANO, DO TRAN, BERNARDA TRUJILLO
MARICELA URBINA, DELIA VELIZ-CLAVEL, SHU WANT, FU WEI, BETTYE
WILLIAMS, JIN XIAO, YI XU, JUAN ZHEN, XUELAN ZHONG, and BOQUAN ZHU
on behalf of themselves and all others similarly situated,
Plaintiffs, v. HG STAFFING, LLC, MEI-GSR
HOLDINGS LLC d/b/a GRAND SIERRA RESORT, and DOES 1 through 50,
inclusive, Defendants, Case 3:16-cv-00388-HDM-WGC, (D. Nev., June
28, 2016), was filed under the Fair Labor Standards Act.
HG Staffing LLC is a staffing and human resources corporation.
The Plaintiffs are represented by:
Mark R. Thierman, Esq.
Joshua D. Buck, Esq.
Leah L. Jones, Esq.
THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
Phone: (775) 284-1500
Fax: (775) 703-5027
E-mail: mark@thiermanbuck.com
josh@thiermanbuck.com
leah@thiermanbuck.com
HG STAFFING: Fails to Pay OT Wages Under FLSA, "Reader" Suit Says
-----------------------------------------------------------------
Thomas Reader, et al., 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-00392-LRH-VPC (D. Nev., June 29, 2016), arises from the
Defendants' alleged failure to pay wages for all hours worked and
to pay overtime in violation of the Fair Labor Standards Act.
HG Staffing, LLC, is a Nevada Limited Liability Company whose
managing member is MEI-GSR Holdings, LLC, located in Reno, Nevada.
MER-GSR is doing business under the fictitious business name of
Grand Sierra Resorts, which is located in Reno.
The other Plaintiffs are Joanne Alexander, Michael Almaraz,
Caitlin Atchley, Richard Auriero, Sandra Aureli, John Bahurka,
Wendy Basso, Sharon Benum, Justine Bradley, Alexis Bryant, Dena
Buchanan, Michael Butler, Michael Cain, Katrina Callan, Mary Anne
Capilla, Tiffany Carrera, Tiffany Carter, Richard Catlin, Iii,
Dean Comoletti, Rocio Coria, James Cusick, Kimberly Dixon, Marquez
Donaldson, Katherine Dowling, Nathan Erhart, Gavino Evangelista,
Shelley Faust, Cleveland Griffin, Caitlin Gunn, Leslie Hall,
Kathleen Hallmark, Boo Han, Russell Harrington, Manuel Harris,
Robert Hastings, Patrick Heeran, Liz Heeran, Natalya Held,
Bridgette Hines, Imogen Holt, Sarah Jones, Nigel Jones, Theresa
Kelly-Montgomery, Stephanie Knauss, Justine Lang, Yulia Larson,
Justin Lee, Scott Lindsay, Chris Littlefield, Sandra Martinez,
Danny Mcgowan, Michael Mckee, Maria Mckenzie, Callie Miano, Ray
Morain, Keith Morrison, Gina Nelson, Danielle Nesbitt-Alcorn,
Jennifer Nichols, Karolina Olech, Natalie Ordas, Arlene Osorman,
Kathryn Owen, Keith Parkins, Jarrod Perez, Marcella Plascencia,
Eric Ponsock, Richard Post, Roxanne Primus, Heather Ramirez, Scott
Reynolds, Crystelle Rife, Jay Ritt, Gay Roberts, Beverly
Rodriguez, Melissa Rosina, Martha Roybal, Jody Russell, Ames
Sabellano-Clark, Vicki, Seyler, Misty Shelby, Jennifer Shields,
Craig Simon, Shawn Skelton, Brandi Smith, Gabriel Smith, Krysta
Steigler, Jeffrey Stepro, Roger Stevens, Marc Strassner, Josie
Sustiguer, Mark Thomas, Dellena Thompson, Susan Timm, Jacki
Truesdell, Celene Vasquez, Whitney Vaughn, Rachel Werner, Dana
Wolff, Mei-Shing Wratschko, and Dean Zatterstrom.
The Plaintiffs were employed by the Defendants as non-exempt
hourly employees.
Lead named Plaintiff T. Reader and all other Plaintiffs previously
opted-in to the case of Tiffany Sargent, et al. v. HG Staffing,
LLC, Case No. 3:13-cv-453-LRH-WGC. Accordingly, the Plaintiffs
state, the statute of limitations involved in this case is tolled
from the date in which lead named Plaintiff T. Reader and all
other Plaintiffs opted-in to the Sargent Action.
The Plaintiffs are 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
HMR FOODS: Faces "Cruz" Adversary Class Action Suit in Delaware
---------------------------------------------------------------
Gonzalo Cruz, on behalf of himself and all other persons similarly
situated v. HMR Foods Holding, LP, and Arlon Group, LLC, Case No.
16-51021-KJC (Bankr. D. Del., June 29, 2016), is an adversary
proceeding filed in the bankruptcy case of HMR Foods Holding, LP.
The purported class action lawsuit is brought to recover
money/property.
Plaintiff Gonzalo Cruz is represented by:
James E. Huggett, Esq.
MARGOLIS EDELSTEIN
300 Delaware Ave., Suite 800
Wilmington, DE 19801
Telephone: (302) 888-1112
Facsimile: (302) 888-1119
E-mail: jhuggett@margolisedelstein.com
HUMAN TOUCH: Sued on Behalf of Home Health Care Workers in Colo.
----------------------------------------------------------------
LaTonya Stephenson-Neal, individually and on behalf of the
Proposed Colorado Rule 23 Class v. Human Touch Home Health Care
Agency, Inc., 1:16-cv-01668-MJW (D. Colo., June 29, 2016), is
brought over the Defendant's alleged failure to pay its hourly
paid home health care workers all of their overtime pay as
required by the Fair Labor Standards Act, the Colorado Wage Act
and the Colorado Minimum Wage Order Numbers 30 through 32.
Human Touch Home Health Care Agency, Inc., is a Colorado
corporation with its principal place of business in Denver,
Colorado. The Company is a home health care company, providing in
home nursing, rehabilitative, therapeutic, and assistive care
services to adults and seniors.
The Plaintiff is represented by:
Rachhana T. Srey, Esq.
NICHOLS KASTER, PLLP
4600 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 256-3200
Facsimile: (612) 338-4878
E-mail: srey@nka.com
HUNAN KITCHEN: Fails to Pay Employees Overtime, "Qi" Suit Claims
----------------------------------------------------------------
Baoxin Qi, on behalf of himself and others similarly situated v.
Hunan Kitchen Flushing Inc. d/b/a Hunan Kitchen of Grand Sichuan,
Hunan Kitchen of Grand Sichuan Inc. d/b/a Hunan Kitchen of Grand
Sichuan, Gangyi Chen, Yihe Liu a/k/a Michelle Liu, and Feng Rong
Yang, Case No. 1:16-cv-03254-NGG-RML (E.D.N.Y., June 17, 2016), is
brought against the Defendants for failure to pay overtime
compensation for all hours worked over 40 each workweek.
The Defendants own and operate Hunan Kitchen of Grand Sichuan
restaurant located at 42-47 Main Street, Flushing, New York 11355
where Plaintiff worked as a deliveryman.
The Plaintiff is represented by:
John Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Blvd., Suite 119
Flushing, NY 11355
Telephone: (718) 762-1324
Facsimile: (718) 762-1342
E-mail: johntroy@troypllc.com
INTERMODAL EXPRESS: Lazaro Seeks Earned Wages Under Labor Code
--------------------------------------------------------------
Vitaliano Lazaro, individually and on behalf of all others
similarly situated, the Plaintiff, v. Intermodal Express, Inc., a
California Company, the Defendant, Case No. BC624515 (Cal. Super.
Ct., June 20, 2016), seeks judgment against the Defendants'
violation of the California Labor Code for failing to pay its
current and former truck drivers in California separately and on
an hourly basis for their time spent taking their statutory rest
periods and on their pre- and post-trip inspections,
loading/unloading time, time spent cleaning their trucks, time
spent fueling their trucks and on time spent on work-related
paperwork (Non Driving Tasks); failing to provide paid rest breaks
to its current and former drivers in California; failing to
provide complete wage statements to its current and former truck
drivers in California within the one year prior to the filing of
this Complaint; failing to pay all wages due to former employees
based on the foregoing; and for unfair business practices.
Intermodal produces intermodal transport services.
The Plaintiff is represented by:
Craig J. Ackerman, Esq.
ACKERMANN & TILAJEF, P.C.
1180 South Beverly Drive, Suite 610
Los Angeles, CA 90035
Telephone: (310) 277 0614
Facsimile: (310) 277 0635
E-mail: cja@ackermanntilajef.com
- and -
Jonathan Melmed, Esq.
MELMED LAW GROUP P.C.
1180 South Beverly Drive, Suite 610
Los Angeles, CA 90035
Telephone: (310) 824 3828
Facsimile: (310) 862 6851
E-mail: jm@melmedlaw.com
JERRY SALZBERG: Class Claims in "Shatelle" Suit Nixed
-----------------------------------------------------
The Clerk of the U.S. District Court for the Northern District of
Illinois made a docket entry on July 5, 2016, in the case entitled
Rashanda Shatelle v. Jerry M. Salzberg, et al., Case No. 1:16-cv-
03269 (N.D. Ill.), relating to a hearing held before the Honorable
Sara L. Ellis.
The minute entry states that pursuant to stipulation of dismissal,
the Plaintiff's individual claims are dismissed with prejudice and
her class claims are dismissed without prejudice against the
Defendants. The motion to certify class is denied as moot, and
civil case is terminated.
A copy of the Notification of Docket Entry is available at no
charge at http://d.classactionreporternewsletter.com/u?f=BkkJukmb
JIMMY JOHN'S: "Watson" Suit Moved from M.D. Fla. to N.D. Ill.
-------------------------------------------------------------
Scott Watson on behalf of himself and all others similarly
situated, Plaintiff, v. Jimmy John's, LLC, Jimmy John's Franchise,
LLC, and Jimmy John's Enterprises, LLC, the Defendants, Case No.
6:16-mc-00033, was transferred from the U.S. District Court for
the Middle District of Florida, to the U.S. District Court for the
Northern District of Illinois - (Chicago).
The Northern District Court Clerk assigned Case No. 1:16-cv-06697
to the proceeding. The case is Re: in the Matter of the Subpoena
Served Upon CanDo Enterprises, Inc., CanDo More, Inc., and CanDo
Clermont. The Assigned Judge is Hon. Andrea R. Wood.
Jimmy John's is a franchised sandwich restaurant chain.
The Plaintiff is represented by:
Kimberly A. Yourchock, Esq.
Matthew Scott Disbrow, Esq.
HONIGMAN MILLER SCHWARTZ AND COHN LLP
660 Woodward Avenue
2290 First National Building
Detroit, MI 48226
Telephone: (313) 465-7562
Facsimile: (313) 465-7563
E-mail: kyourchock@honigman.com
MDisbrow@honigman.com
- and -
Gregg I. Shavitz, Esq.
SHAVITZ LAW GROUP, P.A.
1515 South Federal Highway, Suite 404
Boca Raton, FL 33432
Telephone: (561) 447 8888
E-mail: gshavitz@shavitzlaw.com
The Defendants are represented by:
Gerald L. Maatman, Jr., Esq.
SEYFARTH SHAW LLP
131 South Dearborn Street, Suite 2400
Chicago, IL 60603
Telephone: (312) 460 5965
Facsimile: (312) 460 7965
E-mail: gmaatman@seyfarth.com
KLIMA LLC: "Scarpati" Suit Moved from Cir. Ct. to S.D. Fla.
-----------------------------------------------------------
Carlo Scarpati, individually and other similarly situated
individuals, the Plaintiff, v. KLIMA LLC, a Florida Profit Limited
Liability, and PABLO FERNANDEZ-VALDES, individually, the
Defendants, Case 16-013056-CA-01, was removed from the 11th
Judicial Circuit, to the U.S. District Court for the Southern
District of Florida (Miami). The District Court Clerk assigned
Case No. 1:16-cv-22709-DPG to the proceeding. The assigned Judge
is Hon. Darrin P. Gayles.
Klima provides variable refrigerant flow and dedicated outdoor air
systems (DOAS Systems).
The Plaintiff is represented by:
Anthony Maximillien Georges-Pierre, Esq.
REMER & GEORGES-PIERRE, PLLC
Court House Tower
44 West Flagler Street, Suite 2200
Miami, FL 33130
Telephone: (305) 416 5000
Facsimile: (305) 416 5005
E-mail: agp@rgpattorneys.com
The Defendants are represented by:
Aaron Jarett Reed, Esq.
Terron Lemonte Clark, Esq.
LITTLER MENDELSON, P.C.
333 S.E. 2nd Avenue, Suite 2700
Miami, FL 33131
Telephone: (305) 400 7500
Facsimile: (305) 603 2552
E-mail: AReed@littler.com
tclark@littler.com
KNIGHT ENTERPRISES: Weckesser Seeks Monetary Damages Under FLSA
---------------------------------------------------------------
Patrick Weckesser, on behalf of himself and all others similarly
situated, the Plaintiff, v. Knight Enterprises S.E., LLC, the
Defendant, Case No. 2:16-cv-02053-RMG (D. S. Car., June 20, 2016),
seeks, among other things, a declaratory judgment that Defendants
have willfully and in bad faith violated the minimum wage
provisions of the Fair Labor Standards Act (FLSA), and have
deprived Plaintiff and the FLSA Collective Members of their rights
to such compensation.
Knight Enterprises provides integrated communications
infrastructure solutions in North America.
The Plaintiff is represented by:
J. Scott Falls, Esq.
Ashley L. Falls, Esq.
FALLS LEGAL, LLC
245 Seven Farms Drive, Suite 250
Telephone: (843) 737 6040
Facsimile: (843) 737 6140
E-mail: scott@falls-legal.com
ashley@falls-legal.com
KRAFT HEINZ: "Greene" Sues Over Alleged Fillers in Cheese
---------------------------------------------------------
MICHAEL GREENE, on behalf of himself and all others similarly
situated, Plaintiffs, v. KRAFT HEINZ FOODS COMPANY, Defendant,
Case: 1:16-cv-05807 (N.D. Fla., February 2, 2016), alleges that
Defendant's Great Value branded "100% Grated Parmesan Cheese"
products actually contain significant amounts of adulterants and
fillers.
The Kraft Heinz Company is an American worldwide food company.
The Plaintiff is represented by:
Brandon S. Morris, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 E. Main Street, Ste. 200
Pensacola, FL 32502
Phone: 850.202.1010
Fax: 850.916.7449
E-mail: bmorris@awkolaw.com
- and -
John J. Driscoll, Esq.
Philip Sholtz, Esq.
THE DRISCOLL FIRM, P.C.
211 N. Broadway, 40th Floor
St. Louis, MO 63102
Phone: 314-932-3232
Fax: 314-932-3233
E-mail: john@thedriscollfirm.com
phil@thedriscollfirm.com
LANNETT COMPANY: Faces "McCrary" Suit Over Digoxin-Price Fixing
---------------------------------------------------------------
Ottis McCrary, on behalf of himself and all others similarly
situated v. Lannett Company, Inc., Impax Laboratories, Inc., West-
Ward Pharmaceuticals Corporation, Actavis plc, Mylan
Pharmaceuticals, Inc., Endo International plc, Sun Pharmaceutical
Industries, Inc., and Par Pharmaceutical Companies, Inc., Case No.
2:16-cv-03091-CMR (E.D. Penn., June 17, 2016), arises from the
Defendants' and others' alleged unlawful combination, agreement
and conspiracy to fix, maintain, and/or stabilize the prices of
generic digoxin or doxycycline products.
The Defendants are in the business of manufacturing and
distributing high quality affordable generic medications
throughout the United States.
The Plaintiff is represented by:
Krishna B. Narine, Esq.
Joel C. Meredith, Esq.
MEREDITH & NARINE
100 S. Broad St. Suite 905
Philadelphia, PA 19110
Telephone: (215) 564-5182
Facsimile: (267) 687-1628
E-mail: knarine@m-npartners.com
jmeredith@m-npartners.com
- and -
Guido Saveri, Esq.
R. Alexander Saveri, Esq.
Lisa Saveri, Esq.
Cadio Zirpoli, Esq.
SAVERI & SAVERI, INC.
706 Sansome Street
San Francisco, CA 94111
Telephone: (415) 217-6810
Facsimile: (415) 217-6813
E-mail: guido@saveri.com
rick@saveri.com
lisa@saveri.com
cadio@saveri.com
- and -
E. Kirk Wood, Esq.
WOOD LAW FIRM, LLC
P.O. Box 382434
Birmingham, AL 35238-2434
Telephone: (205) 612-0243
Facsimile: (866) 747-3905
E-mail: ekirkwood1@bellsouth.net
- and -
Robert M. Foote, Esq.
Kathleen C. Chavez, Esq.
FOOTE, MIELKE, CHAVEZ & O'NEIL, LLC
10 West State Street Suite #200
Geneva, IL 60134
Telephone: (630) 232-7450
Facsimile: (630) 232-7452
E-mail: rmf@fmcolaw.com
kcc@fmcolaw.com
- and -
Gerald J. Rodos, Esq.
Jeffrey B. Gittleman, Esq.
Chad A. Carder, Esq.
BARRACK, RODOS & BACINE
3300 Two Commerce Square
2001 Market Street
Philadelphia, PA 19103
Telephone: (215) 963-0600
Facsimile: (215) 963-0838
E-mail: GRodos@barrack.com
JGittleman@barrack.com
Ccarder@barrack.com
LATSHAW DRILLING: Appeal Filed From Ruling in "Meadows" Suit
------------------------------------------------------------
Plaintiff Johnny L. Meadows filed an appeal from a court ruling
entered in the lawsuit styled Johnny Meadows v. Latshaw Drilling
Company LLC, Case No. 3:15-CV-1174, in the U.S. District Court for
the Northern District of Texas, Dallas.
As reported in the Class Action Reporter on May 7, 2015, the
action is brought pursuant to the Worker Adjustment and Retraining
Notification Act of 1988 for the Defendant's alleged failure to
give the required WARN Act written notice to the Plaintiff and
similarly situated individuals in connection with a recent mass
layoff and plant closing at the Defendant's single site of
employment/operational units within which the Plaintiff and the
Class Members were employed during the relevant time period.
In a Memorandum Opinion and Order dated May 31, 2016, a copy of
which is available at https://is.gd/7BGoBg from Leagle.com,
District Judge Sidney A. Fitzwater granted Defendant's request to
dismiss the case.
"The principal question presented by Latshaw's motion for summary
judgment is whether Latshaw's drilling rigs can be aggregated into
a "single site of employment," which is necessary to establish
liability under the WARN Act. Concluding that a reasonable jury
could not find in Meadows' favor on this issue, the court grants
the motion and dismisses this action. . . ," Judge Fitzwater held.
The appellate case is captioned as Johnny Meadows v. Latshaw
Drilling Company LLC, Case No. 16-10988, in the U.S. Court of
Appeals for the Fifth Circuit.
The Plaintiff-Appellant is represented by:
Allen R. Vaught, Esq.
BARON & BUDD, P.C.
3102 Oak Lawn Avenue, Suite 1100
Dallas, TX 75219
Telephone: (214) 521-3605
Facsimile: (214) 520-1181
E-mail: avaught@baronbudd.com
The Defendant-Appellee is represented by:
Kevin M. Duddlesten, Esq.
MCGUIREWOODS, L.L.P.
2000 McKinney Avenue
Dallas, TX 75201
Telephone: (214) 932-6419
Facsimile: (214) 273-7484
E-mail: kduddlesten@mcguirewoods.com
- and -
Madalene A.B. Witterholt, Esq.
CROWE & DUNLEVY
Kennedy Building
321 S. Boston
Tulsa, OK 74103-0000
Telephone: (918) 592-9809
Facsimile: (918) 599-6325
E-mail: madalene.witterholt@crowedunlevy.com
LINCOLN TRAINING: Harvey Seeks Earned Wages Under Labor Code
------------------------------------------------------------
RODNEY HARVEY, individually and on behalf of other individuals
similarly situated, the Plaintiffs, v. LINCOLN TRAINING CENTER AND
REHABILITATION WORKSHOP, a California Corporation; and DOES 1- 50,
inclusive, the Defendant, Case No. BC624322 (Cal. Super. Ct., June
20, 2016), seeks remedy from Defendant's failure to compensate all
hours worked; failure to pay proper amounts for overtime
compensation in violation of California Labor Code and the orders
and standards promulgated by the California Division of Labor
Standards Enforcement (DLSE) and the California Industrial Welfare
Commission (IWC); failure to reimburse required business expenses
in violation of Labor Code; failure to allow meal and rest period
breaks in violation of Labor Code; and failure to furnish
Plaintiffs and members of the Class accurate, itemized wage
statements required by Labor Code upon payment of wages.
The complaint says the Defendant has willfully prevented and
discouraged, and continue to prevent and discourage, Plaintiff and
Class members from taking meal and rest breaks and fail to
compensate Plaintiff and Class members for missed breaks in
violation of Labor Code. The Defendant's unlawful conduct has been
widespread, repeated and willful throughout 13 its facilities in
California. Defendant knew or should have known that its policies
and practices have been unlawful and unfair.
Lincoln Training operates as a nonprofit organization. The
Organization offers transition partnership and habilitation.
The Plaintiff is represented by:
Young W. Ryu, Esq.
Kelly Kim, Esq.
LAW OFFICE OF YOUNG W. RYU
9595 Wilshire Blvd, Suite 900
Beverly Hills, CA 90212
Telephone: (888) 365 8686
Facsimile: (800) 576 1170
E-mail: young.ryu@ywrlaw.com
kelly.kim@ywrlaw.com
LPTE GOLD: Faces "Chula" Suit in E.D.N.Y.
-----------------------------------------
A class action lawsuit has been filed against LPTE Gold, LLC. The
case is captioned Jorge Chula, on behalf of himself and all others
similarly situated, the Plaintiff, v. LPTE GOLD, LLC, doing
business as MYRTLE + GOLD, Lloyd Sherman, Eric Horowitz, Paul
Newman, and Theo Maniatis, the Defendants, Case No. 1:16-cv-03370
(E.D.N.Y., June 22, 2016).
LPTE Gold is in the jewelry stores business.
The Plaintiff appears pro se.
M & M ASPHALT: Laborers, Drivers Classes Certified in "Dyer" Suit
-----------------------------------------------------------------
The Hon. Roy B. Dalton, Jr., granted in part and denied in part
the Plaintiffs' motion for conditional certification in the
lawsuit entitled KENNETH A. DYER, JR.; HENRY L. KEMP, JR.; MARQUIS
D. GROOMS; and KIRK SANDY v. M & M ASPHALT MAINTENANCE INC.; ALL
COUNTY PAVING, INC.; JEFFREY COHEN; KENNETH GOLDBERG; and DAVID
GOLDBERG, Case No. 6:15-cv-00959-RBD-KRS (M.D. Fla.).
The Court conditionally certifies:
(i) a 29 U.S.C. Section 216(b) class of Laborers who: (1) are
or were employed by M & M Asphalt Maintenance Inc. d/b/a
All County Paving at the Orlando, Lake Worth, or Delray
Beach offices during the three years preceding the
decision to opt into this action; (2) were paid an hourly
rate; (3) were victims of Defendants' "One Way Policy"
and/or were victims of Defendants' automatic lunch
deduction policy; and (4) worked more than forty hours in
a work week without being paid overtime compensation.
(ii) a 29 U.S.C. Section 216(b) class of Drivers who: (1) are
or were employed by M & M Asphalt Maintenance Inc. d/b/a
All County Paving at the Orlando, Lake Worth, or Delray
Beach offices during the three years preceding the
decision to opt into this action; (2) were paid an hourly
rate; (3) were victims of Defendants' automatic lunch
deduction policy; and (4) worked more than forty hours in
a work week without being paid overtime compensation.
Judge Dalton appoints Plaintiffs Kenneth A. Dyer, Jr., Henry L.
Kemp, Jr., Marquis D. Grooms, and Kirk Sandy as class
representatives.
Judge Dalton directs the Defendants to disclose to the Plaintiffs
the contact information of all Laborers and Drivers, who have
worked at the Defendants' Orlando, Lake Worth, or Delray Beach
locations during the three years preceding the date of this Order.
Judge Dalton also directs the Plaintiffs to file a revised
proposed notice and a revised consent-to-join form, both of which
must remedy the deficiencies addressed in the Order, on or before
Monday, July 11, 2016. The Defendants may file objections to the
revised notice and consent-to join form by
July 18. The Court will approve or disapprove of the revised
filings by separate Order.
In all other respects, the Court denied the Motion. The parties
may file a joint motion for modification of the Court's Case
Management and Scheduling Order on or before July 22, 2016.
Failure to do so may result in the Court revising its Case
Management and Scheduling Order sua sponte.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=uE7cfg6C
MARINE FASTENERS: Faces "Zawerschnik" Suit Over Failure to Pay OT
-----------------------------------------------------------------
Jennifer Zawerschnik, individually and on behalf of all those
similarly situated v. Marine Fasteners, Inc. and Michael K.
Brantley, Sr., Case No. 6:16-cv-01053-GKS-TBS (M.D. Fla., June 17,
2016), is brought against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standards Act.
Marine Fasteners, Inc. is a worldwide importer and distributor of
stainless steel and non-ferrous fasteners.
The Plaintiff is represented by:
Scott C. Adams, Esq.
LABAR & ADAMS, PA
2300 E Concord St
Orlando, FL 32803
Telephone: (407) 835-8968
Facsimile: (407) 835-8969
E-mail: sadams@labaradams.com
MASSIMO DIRECT: Faces "Gray" Suit in C.D. Cal.
----------------------------------------------
A class action lawsuit has been filed against Massimo Direct, Inc.
The case is captioned Barry Gray, individually and on behalf of
all others similarly situated, the Plaintiff, v. Massimo Direct,
Inc., and Robert Tantalo, the Defendants, Case No. 5:16-cv-01325-
MWF-MRW (C.D. Cal., June 22, 2016). The assigned Judge is Hon.
Michael W. Fitzgerald.
Massimo Direct is a marketing consulting company in Pompano Beach,
Florida.
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
MAXUM PETROLEUM: "Rodriguez" Suit Seeks to Recover Unpaid OT
------------------------------------------------------------
Angela Rodriguez, on behalf of herself and others similarly
situated v. Maxum Petroleum Operating Company, Inc. & Pilot Thomas
Logistics, LLC, Case No. 5:16-cv-00569 (W.D. Tex., June 17, 2016),
seeks to recover unpaid overtime wages and damages pursuant to the
Fair Labor Standards Act.
The Defendants own and operate a single source lubricant blending
and distribution company in Texas.
The Plaintiff is represented by:
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Lindsay R. Itkin, 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
NEW DOMINION: Lloyd's Underwriters Sue Over Insurance Policy
------------------------------------------------------------
CERTAIN UNDERWRITERS AT LLOYD'S, LONDON SUBSCRIBING TO POLICY
NUMBER PGIARK03959, Plaintiffs, v. NEW DOMINION, LLC,
Defendant, Case 1:16-cv-05005-DLC (S.D.N.Y., June 27, 2016), seeks
a declaration concerning the rights and liabilities of the parties
regarding a policy of insurance issued by Plaintiffs to NEW
DOMINION, LLC.
New Dominion, LLC operates as an oil and gas exploration and
development company.
The Plaintiffs are represented by:
Lorin A. Donnelly, Esq.
MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
1000 Woodbury Road, Suite 402
Woodbury, NY 11797
Phone: (516) 712-4000
Fax: (516)712-4013
E-mail: ldonnelly@milbermakris.com
NEW YORK: Rockland City Files Suit vs. Public Service Commission
----------------------------------------------------------------
A lawsuit has been filed against PSC of State of NY. The case is
captioned CTY OF ROCKLAND, municipal corp. formed under laws of
State of NY, o/b/o itself; EDWIN J. DAY, Cty Exec., Cty of
Rockland, & all similarly situated ratepayers for INC. within
Rockland Cty water service from SUEZ WATER NY, the Plaintiff, v.
PSC OF STATE OF NY; NYS DEPT OF PUBLIC SERVICE; SUEZ WATER NY,
INC., the Defendant, Case No. 3496/2016 (N.Y. Sup. Ct., June 27,
2016).
The New York Public Service Commission is the public utilities
commission of the New York state government that regulates and
oversees the electric, gas, water, and telecommunication
industries in New York as part of the Department of Public
Service.
The Plaintiff is represented by:
CTY OF ROCKLAND, DEPT OF LAW
11 New Hempstead Rd.
New City, NY 10956
Telephone: (845) 638-5180
The Defendant is represented by:
PUBLIC SERVICE COMMISSION
3 Empire State Plaza
Albany, NY
NEW YORK: NYPD Faces "Syed" Class Action
----------------------------------------
A class action lawsuit has been filed against City of New York.
The case is captioned Masood Syed, individually and on behalf of
all others similarly situated, the Plaintiff, v. City of New York;
New York City Police Department; William J. Bratton, as
Commissioner of the New York City police Department ("NYDP");
Neldra M. Zeigler, as Deputy Commissioner of the NYPD Office of
Equal Employment Opportunity; James F. Kobel, Captain and
Executive Officer of the NYPD Deputy Commissioner, Equal
Employment Opportunity; and FNU O'Reilly Commanding Officer of the
NYPD Employment Management Division, Case No. 1:16-cv-04789-PGG
(S.D.N.Y., June 22, 2016). The assigned Judge is Hon. Paul G.
Gardephe.
The City of New York, often called New York City or simply New
York, is the most populous city in the United States.
The Plaintiff is represented by:
Luna Droubi, Esq.
BELDOCK LEVINE & HOFFMAN LLP
99 Park Ave (16 Fl.)
New York, NY 10016
Telephone: (212) 277 5875
Facsimile: (212) 277 5880
E-mail: ldroubi@blhny.com
NISSAN NORTH AMERICA: Sued Over Defective Tensioning System
-----------------------------------------------------------
Kathy Shaw and Hartwell Steele, individually, and on behalf of
other members of the public similarly situated v. Nissan North
America, Inc. and Nissan Jidosha Kabushiki Kaisha d/b/a Nissan
Motor Co., Ltd., Case No. 2:16-cv-04372 (C.D. Cal., June 17,
2016), is brought on behalf of all consumers who purchased or
leased 2004 - 2008 Nissan Maxima vehicles, 2004 - 2009 Nissan
Quest vehicles, 2004 - 2006 Nissan Altima vehicles, 2005 - 2007
Nissan Pathfinder vehicles, 2005 - 2007 Nissan Xterra vehicles,
and 2005 - 2007 Nissan Frontier vehicles, with defective timing
chain tensioning system, including the primary timing chain
tensioner, primary timing chain guide, secondary timing chain
tensioners, and secondary timing chain tensioner shoes.
Nissan North America, Inc. is known throughout the United States
and internationally as a major manufacturer of automobiles and
related products, which are sold under the Nissan and Infiniti
brands.
The Plaintiff is represented by:
Roland Tellis, Esq.
Mark Pifko, Esq.
BARON & BUDD, P.C.
15910 Ventura Boulevard, Suite 1600
Encino, CA 91436
Telephone: (818) 839-2333
Facsimile: (818) 986-9698
E-mail: rtellis@baronbudd.com
mpifko@baronbudd.com
PEL STATE: "Brown" Files Suit in Tex. Over FLSA Violation
---------------------------------------------------------
JOSE BROWN, on behalf of himself and all others similarly JUAN
CASTRO, Individually and On Behalf of All Others Similarly
Situated, Plaintiff, V. PEL STATE BULK PLANT LLC, Defendant, Case
5:16-cv-00626-OLG (W.D. Tex., June 28, 2016), was filed under the
Fair Labor Standards Act.
PEL STATE BULK PLANT LLC is a provider of quality fueling services
for frac sites.
The Plaintiff is represented by:
Robert R. Debes, Jr., Esq.
Ricardo J. Prieto, Esq.
SHELLIST, LAZARZ, SLOBIN LLP
11 Greenway Plaza, Suite 1515
Houston, TX 77046
Phone: (713) 621-2277
Fax: (713) 621-0993
E-mail: bdebes@eeoc.net
rprieto@eeoc.net
PLAINS ALL AMERICAN: Sued Over Unprovided Meal and Rest Periods
---------------------------------------------------------------
AARON FOURNIER, DAVID ONTIVEROS, on behalf of themselves, all
others similarly situated v. PLAINS ALL AMERICAN GP, LLC, a
Delaware limited liability corporation; PLAINS MIDSTREAM CANADA, a
Canada corporation; PLAINS LPG SERVICES, L.P., a Texas limited
liability partnership; and DOES 1-50, inclusive, Case No.
RG16821490 (Cal. Super. Ct., June 29, 2016), alleges that the
Defendants failed to pay to provide the Plaintiffs and similarly
situated employees with meal and rest periods and failed to
provide premium wages for unprovided meal and rest periods.
Plains All American GP, LLC, is a Delaware limited liability
company that owns the general partner interests in Plains AAP,
L.P., which holds a general partner interest in Plains All
American Pipeline, L.P. ("PAA"). PAA is a publicly traded master
limited partnership that owns and operates midstream energy
infrastructure and provides logistics services for crude oil,
natural gas liquids, natural gas and refined products.
Plains Midstream Canada and Plains LPG Services, LP, are
subsidiaries of PAA. Plains Midstream engages in production,
marketing, and storage of liquefied petroleum gas products in
United States and Canada regions.
The Plaintiffs are represented by:
Shaun Setareh, Esq.
Thomas Segal, Esq.
SETAREH LAW GROUP
9454 Wilshire Blvd.
Beverly Hills, CA 90212
Toll Free: (877) 222-7800
Telephone: (310) 888-7771
Facsimile: (310) 888-0109
E-mail: shaun@setarehlaw.com
thomas@setarehlaw.com
PORTFOLIO RECOVERY: Bid to Certify "Pritchard" Suit Class Denied
----------------------------------------------------------------
The Hon. Thomas A. Varlan entered a memorandum opinion and order
in the lawsuit captioned ROBERT PRITCHARD v. PORTFOLIO RECOVERY
ASSOC, LLC, Case No. 3:14-CV-293-TAV-HBG (E.D. Tenn.).
The civil action is before the Court on the Report and
Recommendation of Magistrate Judge H. Bruce Guyton, entered on
April 13, 2016 (the "R&R"), which addresses the Plaintiff's motion
to certify a class, appoint plaintiff as a class representative
and his counsel as class counsel. The parties briefed the issue
and appeared before the magistrate judge for a hearing. After
considering the Plaintiff's request, Magistrate Judge Guyton
recommends that the Court deny the Plaintiff's Motion.
The Plaintiff filed objections to the R&R, and the Defendant
responded.
Accordingly, upon a careful and de novo review of the record and
the law, the Court finds that the recommendations contained in the
R&R are correct. The Plaintiff's objection is overruled. The
Court accepts in whole the R&R and incorporates it into this
Memorandum Opinion and Order. The Court denies the Plaintiff's
Motion to Certify a Class, Appoint Plaintiff as a Class
Representative and His Counsel as Class Counsel.
On June 23, 2016, the Court issued an order staying the action
pending a ruling on the R&R. In light of the Court's ruling on
this matter, the Clerk of Court is directed to lift the stay in
this case. Trial in this action is reset for July 17, 2017, at
9:00 a.m., and the final pretrial conference is reset for
July 10, 2017, at 1:30 p.m. All deadlines set forth in the
Court's scheduling order will be calculated from the date of this
order or the date of the trial, as applicable.
A copy of the Memorandum Opinion and Order is available at no
charge at http://d.classactionreporternewsletter.com/u?f=jHqV3zwA
QUEST DIAGNOSTICS: Fails to Pay Overtime, "Vecchio" Suit Claims
---------------------------------------------------------------
MARIA VECCHIO, individually, and on behalf of all others
similarly-situated v. QUEST DIAGNOSTICS INC., EXAMONE WORLD WIDE,
INC., and EXAMONE LLC, Case No. 1:16-cv-05165-ER (S.D.N.Y.,
June 29, 2016), alleges that the Plaintiff routinely works more
than 10 hours per day and more than 40 hours per week, but does
not receive any overtime compensation or spread-of-hours pay.
Quest Diagnostics is a Delaware corporation with its headquarters
in New Jersey. ExamOne World Wide, Inc., is a Pennsylvania
corporation with its headquarters in Kansas. ExamOne is a wholly
owned subsidiary of Quest Diagnostics. ExamOne LLC is a Delaware
corporation. ExamOne LLC is a wholly owned subsidiary of ExamOne
World Wide. ExamOne is a provider of risk assessment testing for
life insurance companies.
The Plaintiff is represented by:
Paul B. Maslo, Esq.
Kardon Stolzman, Esq.
NAPOLI SHKOLNIK PLLC
360 Lexington Avenue, 11th Floor
New York, NY 10017
Telephone: (212) 397-1000
Facsimile: (646) 843-7603
E-mail: pmaslo@napolilaw.com
kstolzman@napolilaw.com
ROOT9B TECHNOLOGIES: Motion to Dismiss Class Suit Pending
---------------------------------------------------------
Root9B Technologies, Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on May 17, 2016, for the
quarterly period ended March 31, 2016, that the Company's motion
to dismiss a class action lawsuit remains pending.
The Company and two senior executives of the Company are named as
defendants in a class action proceeding filed on June 23, 2015, in
the U.S. District Court for the Central District of California.
On September 24, 2015, the U.S. District Court for the Central
District of California granted a motion to transfer the lawsuit to
the United States District Court for the District of Colorado. On
October 14, 2015, the Court appointed David Hampton as Lead
Plaintiff and approved Hampton's selection of the law firm Levi &
Korsinsky LLP as Lead Counsel. Plaintiff filed an Amended
Complaint on January 4, 2016. The Amended Complaint alleges
violations of the federal securities laws on behalf of a class of
persons who purchased shares of the Company's common stock between
October 17, 2014 and June 15, 2015. In general, the Amended
Complaint alleges that false or misleading statements were made or
that there was a failure to make appropriate disclosures
concerning the Company's cyber security business and products.
On February 18, 2016, the Company filed a motion to dismiss
Plaintiff's Amended Complaint. Plantiff filed an opposition to
the motion to dismiss and the Company replied on May 4, 2016.
"We cannot predict the outcome of this lawsuit; however, the
Company believes that the claims lack merit and intends to defend
against the lawsuit vigorously," the Company said.
SAN FRANCISCO, CA: Moves to Decertify Two Classes in "Stitt" Suit
-----------------------------------------------------------------
The City and County of San Francisco move to decertify the Rule 23
Class and the FLSA Collective Action in the lawsuit captioned
DARRYL A. STITT, TONY GRANDBERRY, and HEDY GRIFFIN, on behalf of
themselves and all others similarly situated v. THE SAN FRANCISCO
MUNICIPAL TRANSPORTATION AGENCY; CITY AND COUNTY OF SAN FRANCISCO;
and DOES 1-20, Case No. 4:12-cv-03704-YGR (N.D. Cal.).
The City moves to decertify the Rule 23 Class, which encompasses
the state law and municipal ordinance claims asserted in the
second, third, and fourth causes of action related to alleged
failure to pay for all straight time worked. The City also moves
to decertify the first cause of action for failure to pay overtime
under the Fair Labor Standards Act.
In their complaint, the Plaintiffs intend to prove $395 Million in
class-wide liability based primarily on the work of Richard
Drogin, Ph.D., according to the Motion. The Plaintiffs are
current and former Transit Operators (Civil Service Class 9163)
for the City and County of San Francisco's Municipal
Transportation Agency (SFMTA). The Plaintiffs allege that they
were not paid the minimum wage and overtime for four categories of
time in violation of the Fair Labor Standards Act, California
Labor Code and Wage Order 9-2001, and the San Francisco Minimum
Wage Ordinance. The Plaintiffs bring claims based on: (1)
Routinely Late Time; (2) Meeting Time; (3) Turn-In Time; and (4)
Start-End Travel Time.
San Francisco tells the Court that the Plaintiffs' representative
evidence consists of 305 boilerplate declarations collected by the
Plaintiffs' counsel. San Francisco contends that these
declarations, which form the basis for Dr. Drogin's "analysis,"
are inherently unreliable and cannot reasonably form the basis for
proving class-wide liability. San Francisco adds, among other
things, that the declarations are nearly identical boilerplate,
and contain leading statements, obviously suggesting the answers
and inviting exaggeration from self-interested persons, who stand
to gain in this case.
In summary, San Francisco argues, the evidence shows (1) Dr.
Drogin's methodology and calculations are unreliable and
insufficient to infer class wide liability, and (2) based on
actual data, there is too much variation in the Operators'
experience to be able to answer questions of liability on a class
wide basis. San Francisco, therefore, urges the Court to
decertify the case as a class action, and as a FLSA collective
action.
The Court will commence a hearing on September 6, 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=UAV3Hc3P
The City and County of San Francisco are represented by:
Arthur A. Hartinger, Esq.
Linda M. Ross, Esq.
RENNE SLOAN HOLTZMAN SAKAI LLP
1220 Seventh Street, Suite 300
Berkeley, CA 94710
Telephone: (510) 995-5800
Facsimile: (415) 678-3838
E-mail: ahartinger@publiclawgroup.com
lross@publiclawgroup.com
SAVANNAH MIYABI: Faces "Harris" Lawsuit Pursuant to FLSA
--------------------------------------------------------
MISA HARRIS, on behalf of herself and all others similarly
situated, Plaintiff, v. SAVANNAH MIYABI, INC., CAPITAL JAPAN, INC.
d/b/a MIYABI, UNITED WILL KYOTO USA, INC., KOICHIRO HIRAO,
individually, KOICHIRO MAEDA, individually and JOHN DOE 1-10,
individually, Defendants, 2:16-cv-02274-PMD (D.S.C., June 27,
2016), seeks actual damages, liquidated damages, attorneys' fees
and costs, and for other relief under the Fair Labor Standards
Act.
SAVANNAH MIYABI, INC. operates a restaurant in Savannah, Georgia
doing business as Miyabi Japanese Steakhouse.
The Plaintiff is represented by:
Bruce E. Miller, Esq.
BRUCE E.MILLER, P.A.
147 Wappoo Creek Drive, Suite 603
Charleston, SC 29412
Phone: 843.579.7373
Fax: 843.614.6417
E-mail: bmiller@brucemillerlaw.com
SHANGHAI CAFE: Faces "Chen" Suit in S.D.N.Y.
--------------------------------------------
A class action lawsuit has been filed against Shanghai Cafe
Deluxe, Inc. The case is captioned Cindy Chen, on behalf of
herself and others similarly situated, the Plaintiff, v. Shanghai
Cafe Deluxe, Inc., doing business as Shanghai Caf‚, and Eile Wan,
the Defendants, Case No. 1:16-cv-04790 (S.D.N.Y., June 22, 2016).
Shanghai Cafe is a Chinese restaurant located in Chinatown Two
Bridges, New York, New York.
The Plaintiff appears pro se.
SOLOMON & SOLOMON: Faces "Orzel" Suit in E.D.N.Y.
-------------------------------------------------
A class action lawsuit has been filed against Solomon & Solomon
P.C. The case is captioned Fraidy Orzel, on behalf of herself and
all others similarly situated, the Plaintiff, v. Solomon & Solomon
P.C., the Defendant, Case No. 1:16-cv-03400 (E.D.N.Y., June 22,
2016).
Solomon & Solomon is a collection law firm which provides both
collection and litigation services on delinquent receivables.
The Plaintiff appears pro se.
SOTERIA FORCE: "Wheeler" Suit Seeks to Recover Unpaid OT Wages
--------------------------------------------------------------
Larry Wheeler, Jr., Derrick Clarke, George McBeth, Patrice
Fendall, Winston French, Whitney Renee Brown, Howard Green, III,
Randy Jenkins, and Audrea Banks, individually, and on behalf of
all other similarly-situated v. Soteria Force, Soteria Force Loss
Prevention, Inc. and Woodrow Tillery, Case No. 1:16-cv-02039-SCJ
(N.D. Ga., June 17, 2016), seeks to recover unpaid overtime wages
and damages pursuant to the Fair Labor Standards Act.
The Defendants are in the business of providing security services
to its clients.
The Plaintiff is represented by:
Dean R. Fuchs, Esq.
Stephen W. Brown, Esq.
SCHULTEN WARD TURNER & WEISS, LLP
260 Peachtree Street, N.W., Suite 2700
Atlanta, GA 30303
Telephone: (404) 688-6800
Facsimile: (404) 688-680
E-mail: d.fuchs@swtwlaw.com
s.brown@swtwlaw.com
SOUFUN HOLDINGS: To Defend Against L&G Rubin Class Action
---------------------------------------------------------
SouFun Holdings Limited said in its Form 20-F Report filed with
the Securities and Exchange Commission on May 17, 2016, for the
fiscal year ended December 31, 2015, that the Company intends to
vigorously defend a securities class action lawsuit.
The Company said, "In October 2015, a purported securities class
action lawsuit was filed in the United States District Court for
the Central District of California against our company and two of
our officers. The action is titled L&G Rubin Family Trust vs.
Soufun Holdings Limited, Vincent Tianquan Mo and Lanying Guan,
Case No. 3:2015-cv-08508. The plaintiffs allege that the
defendants made false and misleading statements regarding our
financial results for the first and second fiscal quarters of
2015, specifically by failing to disclose information concerning
alleged "fake contracts" that were allegedly included in our
financial results, and assert claims for violations of Sections
10(b) and 20(a) of the Exchange Act and Rule 10b-5 promulgated
thereunder on behalf of those persons and entities who purchased
or otherwise acquired our ADSs between May 20, 2015 and October
27, 2015, inclusive. We believe the claims are without merit and
intend to vigorously defend ourselves."
SOUTHERN VALLEY FRUIT: Hernandez-Torres Sues Over Unpaid OT
-----------------------------------------------------------
Maria Elva Hernandez-Torres, Evar Luna, Jorge Luis Rios-Ramirez
and all others similarly situated v. Southern Valley Fruit &
Vegetable, Inc., Hamilton Growers, Inc., Kent Hamilton, Hamilton
Farms Mex, L.P., Hamilton Produce, L.P., Kenda Properties, L.P.,
WK Holdings, LLC, WK Mex Properties, L.P., and WKW, LLC, Case No.
7:16-cv-00084-WLS (M.D. Ga., June 17, 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 farm located at 2775 Ellenton
Norman Park Rd, Norman Park, GA 31771.
The Plaintiff is represented by:
Dawson Morton, Esq.
DAWSON MORTON, LLC
104 Cambridge Ave
Decatur, GA 30030
Telephone: (404) 590-1295
E-mail: dawson@dawsonmorton.com
SPRINT CORPORATION: Hearing Held to Approve Bennett Settlement
--------------------------------------------------------------
Sprint Corporation said in its Form 10-K Report filed with the
Securities and Exchange Commission on May 17, 2016, for the fiscal
year ended March 31, 2016, that a hearing to approve the
settlement in the Bennett class action lawsuit has been set for
May 26, 2016.
The parties in this Class Action have reached a settlement that
will resolve all claims in the Action and create a $131 million
cash settlement fund for the benefit of eligible Class Members.
Sprint said, "In March 2009, a stockholder brought suit, Bennett
v. Sprint Nextel Corp., in the U.S. District Court for the
District of Kansas, alleging that Sprint Communications and three
of its former officers violated Section 10(b) of the Exchange Act
and Rule 10b-5 by failing adequately to disclose certain alleged
operational difficulties subsequent to the Sprint-Nextel merger,
and by purportedly issuing false and misleading statements
regarding the write-down of goodwill. The district court granted
final approval of a settlement in August 2015, which did not have
a material impact to our financial statements. Five stockholder
derivative suits related to this 2009 stockholder suit were filed
against Sprint Communications and certain of its present and/or
former officers and directors."
"The first, Murphy v. Forsee, was filed in state court in Kansas
on April 8, 2009, was removed to federal court, and was stayed by
the court pending resolution of the motion to dismiss the Bennett
case; the second, Randolph v. Forsee, was filed on July 15, 2010
in state court in Kansas, was removed to federal court, and was
remanded back to state court; the third, Ross-Williams v. Bennett,
et al., was filed in state court in Kansas on February 1, 2011;
the fourth, Price v. Forsee, et al., was filed in state court in
Kansas on April 15, 2011; and the fifth, Hartleib v. Forsee, et.
al., was filed in federal court in Kansas on July 14, 2011.
"These cases were essentially stayed while the Bennett case was
pending, and we have reached an agreement in principle to settle
the matters, by agreeing to some governance provisions and by
paying plaintiffs' attorneys fees in an immaterial amount. The
hearing to approve the settlement was set for May 26, 2016."
Additional information on the case is available at:
http://sprintsecuritieslitigation.com/
Attorneys for Defendants Sprint Nextel Corporation, Gary D.
Forsee, Paul N. Saleh, and William G. Arendt:
ROUSE HENDRICKS GERMAN MAY PC
RANDALL E. HENDRICKS, Esq.
MARK W. MCGRORY, Esq.
1201 Walnut Street, 20th Floor
Kansas City, MO 64106
Tel: 816/471-7700
Fax: 816/471-2221
E-mail: randyh@rhgm.com
markm@rhgm.com
- and -
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
JAY B. KASNER, Esq.
SCOTT D. MUSOFF, Esq.
Four Times Square
New York, NY 10036
Tel: 212/735-3000
Fax: 212/735-2000
E-mail: Jay.Kasner@skadden.com
Scott.Musoff@skadden.com
SPRINT CORPORATION: October Trial in ACP Master Lawsuit
-------------------------------------------------------
Sprint Corporation said in its Form 10-K Report filed with the
Securities and Exchange Commission on May 17, 2016, for the fiscal
year ended March 31, 2016, that trial is scheduled to begin in
October 2016 in the lawsuit by ACP Master Ltd.
Sprint Communications, Inc. is a defendant in a complaint filed by
stockholders of Clearwire Corporation, asserting claims for breach
of fiduciary duty by Sprint Communications, and related claims and
otherwise challenging the Clearwire Acquisition. ACP Master, LTD,
et al. v. Sprint Nextel Corp., et al., was filed April 26, 2013 in
Chancery Court in Delaware. Our motion to dismiss the suit was
denied, discovery is substantially complete and our motion for
summary judgment is pending.
Plaintiffs in the ACP Master, LTD suit have also filed suit
requesting an appraisal of the fair value of their Clearwire
stock. Discovery in that case was consolidated with the breach of
fiduciary duty case and is substantially complete. Trial is
scheduled to begin in October 2016.
Sprint Communications intends to defend the ACP Master, LTD cases
vigorously. We do not expect the resolution of these matters to
have a material adverse effect on our financial position or
results of operations.
STERN'S BAKERY: Fails to Pay Overtime, "Moreno" Suit Asserts
------------------------------------------------------------
CARLOS MORENO, on behalf of himself and all those similarly
situated v. CARL STERN, 15TH AVENUE FOOD CORP. d/b/a STERN'S
BAKERY, Case No. 511026/2016 (N.Y. Sup. Court, June 29, 2016), is
brought over alleged failure of the Defendants to compensate the
Plaintiff and similarly situated employees for overtime hours they
worked from 2008 until about 2013, in violation of the New York
Labor Law.
15th Avenue Food Corp., doing business as Stern's Bakery, is a New
York corporation located at 4322 15th Avenue, in Brooklyn, New
York. Stern's Bakery is comprised of a large bread and pastry
factory and one or more retail store fronts. Carl Stern is the
owner or part-owner of Stern's Bakery.
The Plaintiff is represented by:
Jeffrey E. Goldman, Esq.
Dante D. De Leo, Esq.
THE LAW OFFICES OF JEFFREY E. GOLDMAN
501 Fifth Ave., Suite 1900
New York, NY 10017
Telephone: (212) 983-8999
Facsimile: (212) 949-5085
E-mail: jeff@jgoldmanlaw.com
STRATEGIC OUTSOURCING: Faces "Bardini" Suit in Cal. Super. Ct.
--------------------------------------------------------------
A class action lawsuit has been filed against Strategic
Outsourcing, Inc. The case is captioned BARDINI, MICHAEL ON BEHALF
OF HIMSELF AND OTHERS THAT ARE SIMILARLY SITUATED, the Plaintiff,
v. STRATEGIC OUTSOURCING, INC., A DELAWARE CORPORATION, DOES 1-25,
INCLUSIVE, BW SUPPLIES, LLC, A CALIFORNIA CORPORATION, and BURKE
WILLIAMS, INC., A CALIFORNIA CORPORATION, the Defendants, Case No.
CGC 16 552657 (Cal. Super. Ct., June 22, 2016).
Strategic Outsourcing provides human resource solutions to small
and medium-sized businesses in the United States.
SYCAMORE HOLDINGS: Accused of Unlawful Real Estate Schemes
----------------------------------------------------------
STAN STEINBERG v. BETTY FEINTUCH, An Individual; SYCAMORE
HOLDINGS, LLC, A Michigan entity not in good standing; and
SYCAMORE HOLDINGS, LLC, A Michigan limited liability company; BF
SCHIRM FARMS, LLC; a Michigan Company; BF SCHIRM FARMS, LLC, a
Delaware Company; MET ASSOCIATES, LLC; A Michigan Limited Liabilty
Company; PATRI GROUP, LLC, A Michigan Entity not in good standing;
Case No. 2:16-cv-12450-DPH-SDD (E.D. Mich., June 29, 2016), arises
from the Defendants' alleged unlawful schemes relating to real
estate property transactions.
Mr. Steinberg, on behalf of himself and a class of persons
similarly situated, alleges that after a downturn in the
commercial real estate market, the Defendants hatched a scheme
whereby they would try to realize investment gains through
unlawful means, namely by threatening Ms. Feintuch's business
partners in attempt to extract blackmail payments and settlements.
In this action, the Plaintiff seeks to represent a class of
investors in multiple real estate property transactions, who
suffered damages as a result of Defendants' unlawful schemes, as
well as equitable relief in the form of an order forcing the
Defendants to disgorge all ill-gotten gains and forfeit their
illegally-used business interests.
The Plaintiff is an individual who, together with other
individuals and companies, has invested in commercial real estate
located primarily in Michigan and Indiana. Ms. Feintuch is an
individual, who has also invested in those properties, both in her
own name and through limited liability companies that she created
for the sole purpose of investing in real estate.
The remaining Defendants are entities owned by Ms. Feintuch and
incorporated for the purpose of pursing the business interests
addressed in the complaint.
The Plaintiff is represented by:
Sara K. MacWilliams, Esq.
MANTESE HONIGMAN P.C.
1361 E. Big Beaver Road
Troy, MI 48083
Telephone: (248) 457-9200
Facsimile: (248) 457-9201
E-mail: smacwilliams@manteselaw.com
SYNAPSE GROUP: "Price" Class Suit Removed to S.D. California
------------------------------------------------------------
The class action lawsuit captioned Shannon Dale Price and Cheryl
Edgemon, individually and on behalf of all others similarly
situated v. Synapse Group, Inc., Synapseconnect, Inc., Time Inc.,
and Does 1-50, inclusive, Case No. 37-2016-00016453-CU-MC-CTL, was
removed from the Superior Court of the State of California for the
County of San Diego to the United States District Court for the
Southern District of California. The District Court Clerk assigned
Case No. 3:16-cv-01524-BAS-BLM to the proceeding.
The Defendants operate a multichannel marketing company
headquartered in Stamford, Connecticut.
The Plaintiff is represented by:
James T. Hannink, Esq.
Zachariah Paul Dostart, Esq.
DOSTART HANNINK & COVENEY LLP
4180 La Jolla Village Drive, Suite 530
La Jolla, CA 92037
Telephone: (858) 623-4200
Facsimile: (858) 623-4299
E-mail: jhannink@sdlaw.com
zdostart@sdlaw.com
- and -
Darcie Tilly, Esq.
Michelle C. Doolin, Esq.
Heather Marie Speers, Esq.
COOLEY LLP
4401 Eastgate Mall
San Diego, CA 92121-9109
Telephone: (858) 550-6000
Facsimile: (858) 550-6420
E-mail: dtilly@cooley.com
mdoolin@cooley.com
hspeers@cooley.com
TD AMERITRADE: Appeal Filed From Ruling in "Sarbacker" Class Suit
-----------------------------------------------------------------
Michael Sarbacker filed an appeal from a court ruling entered in
the lawsuit entitled Michael Sarbacker v. TD Ameritrade Holding
Corp., et al., Case No. 8:14-cv-00341-JFB, in the U.S. District
Court for the District of Nebraska - Omaha.
As previously reported in the Class Action Reporter on April 6,
2016, Judge Joseph F. Bataillon adopted the findings and
recommendations of the United States Magistrate Judge, but with
respect only to the issue of preclusion under the Securities
Litigation Uniform Standards Act of 1998 (SLUSA).
In the complaint, the Plaintiff, on his own behalf and on behalf
of others similarly situated, alleged wrongdoing by the TD
Ameritrade Defendants in connection with the execution of stock
trades, and sought recovery under various state and federal
theories. Essentially, the Plaintiff challenged TD America's
alleged practice of routing virtually all of its customers' orders
and trades in contravention of its purported duties and/or
contractual obligations to "best execute" the trade.
The magistrate judge recommended granting TD Ameritrade's motions
to dismiss all of the state-law claims as preempted under SLUSA,
denying the motions to dismiss the state law claims by reason of
regulatory preemption, and granting the motion to dismiss the
Plaintiff's claims for failure to state a claim. With respect to
SLUSA preemption, the magistrate judge recommended dismissal of
state law fraud, breach of fiduciary duty, unjust enrichment, and
statutory claims. The Plaintiff objected to the magistrate
judge's recommendations of dismissal.
A full-text copy of Judge Bataillon's March 23, 2016 memorandum
and order is available at http://is.gd/WU6XVTfrom Leagle.com.
The appellate case is captioned as Michael Sarbacker v. TD
Ameritrade Holding Corp., et al., Case No. 16-3019, in the United
States Court of Appeals for the Eighth Circuit.
The Plaintiff-Appellant is represented by:
Andrew Joseph Brown, Esq.
Benny C. Goodman, III, Esq.
Ashley M. Price, Esq.
Juan C. Sanchez, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 W. Broadway, Suite 1900
San Diego, CA 92101-0000
Telephone: (619) 231-1058
Facsimile: (619) 231-7423
E-mail: andrewb@rgrdlaw.com
bennyg@rgrdlaw.com
aprice@rgrdlaw.com
jsanchez@rgrdlaw.com
- and -
David Domina, Esq.
Brian E. Jorde, Esq.
DOMINA LAW GROUP
2425 S. 144th Street
Omaha, NE 68144-4423
Telephone: (402) 493-4100
E-mail: ddomina@dominalaw.com
bjorde@dominalaw.com
- and -
Alfred G. Yates, Esq.
LAW OFFICE OF ALFRED G. YATES JR. PC
519 Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1649
Telephone: (412) 391-5164
Facsimile: (412) 471-1033
E-mail: yateslaw@aol.com
Defendants-Appellees TD Ameritrade Holding Corporation, TD
Ameritrade, Inc., TD Ameritrade Clearing, Inc., Frederic J.
Tomczyk and Paul Jiganti are represented by:
Victoria H. Buter, Esq.
Thomas Harlan Dahlk, Esq.
KUTAK & ROCK LLP
The Omaha Building
1650 Farnam Street
Omaha, NE 68102-0000
Telephone: (402) 231-8875
Facsimile: (402) 346-1148
E-mail: vicki.buter@kutakrock.com
Tom.Dahlk@KutakRock.com
- and -
Alex J. Kaplan, Esq.
Jackie A. Lu, Esq.
A. Robert Pietrzak, Esq.
SIDLEY & AUSTIN LLP
787 Seventh Avenue
New York, NY 10019-0000
Telephone: (202) 839-5300
E-mail: ajkaplan@sidley.com
rpietrzak@sidley.com
TD AMERITRADE: Appeal Filed in "Verdieck" Securities Class Suit
---------------------------------------------------------------
Tyler Verdieck filed an appeal from a court ruling relating to
issues asserted in the original case titled Tyler Verdieck v. TD
Ameritrade, Inc., Case No. 8:14-cv-00289-JFB, in the U.S. District
Court for the District of Nebraska - Omaha.
The appellate case is captioned as Tyler Verdieck v. TD
Ameritrade, Inc., Case No. 16-3016, in the United States Court of
Appeals for the Eighth Circuit.
As previously reported in the Class Action Reporter on June 9,
2016, the "Verdieck" case is one of the five putative class action
complaints that have been filed regarding TD Ameritrade's routing
of client orders. The complaint alleges that the Defendant routed
its clients' non-marketable limit orders to the venue paying the
highest rates of maker rebates, and that clients did not receive
best execution on these kinds of orders. The complaint include
claims of breach of contract, breach of fiduciary duty, and
violations of the Securities Exchange Act, the Nebraska's Consumer
Protection Act, and the Nebraska's Uniform Deceptive Trade
Practices Act.
On March 23, 2016, the District Judge entered an order dismissing
all of the state law claims in the five actions, and permitting
the plaintiffs in four actions, including the "Verdieck" case, to
amend their complaints to assert a federal securities claim.
Tyler Verdieck filed a notice of appeal.
Plaintiff-Appellant Tyler Verdieck, a California citizen,
individually, and on behalf of all others similarly situated, is
represented by:
Daniel J. Epstein, Esq.
David Houghton, Esq.
HOUGHTON BRADFORD WHITTED, PC, LLO
6457 Frances Street, Suite 100
Omaha, NE 68106
Telephone: (402) 344-4000
E-mail: depstein@houghtonbradford.com
dahoughton@houghtonbradford.com
- and -
Mark Knutson, Esq.
Jeffrey Krinsk, Esq.
FINKELSTEIN & ASSOCIATES
501 W. Broadway, Suite 1250
San Diego, CA 92101-0000
Telephone: (619) 238-1333
E-mail: mlk@classactionlaw.com
jrk@classactionlaw.com
- and -
William Richard Restis, Esq.
FINKELSTEIN & KRINSK
550 W. C Street, Suite 1760
San Diego, CA 92101
Telephone: (619) 238-1333
E-mail: wrr@classactionlaw.com
Defendant-Appellee TD Ameritrade, Inc., is represented by:
Victoria H. Buter, Esq.
Thomas Harlan Dahlk, Esq.
KUTAK & ROCK LLP
The Omaha Building
1650 Farnam Street
Omaha, NE 68102-0000
Telephone: (402) 231-8875
Facsimile: (402) 346-1148
E-mail: vicki.buter@kutakrock.com
Tom.Dahlk@KutakRock.com
- and -
Alex J. Kaplan, Esq.
Jackie A. Lu, Esq.
A. Robert Pietrzak, Esq.
SIDLEY & AUSTIN LLP
787 Seventh Avenue
New York, NY 10019-0000
Telephone: (202) 839-5300
E-mail: ajkaplan@sidley.com
rpietrzak@sidley.com
TRADER JOE'S: "Magier" Suit Moved from S.D.N.Y. to C.D. Cal.
------------------------------------------------------------
Sarah Magier and Atzimba Reyes, on behalf of themselves and all
others similarly situated, the Plaintiffs, v. Trader Joe's Company
and Trader Joe's East Inc., the Defendants, Case No. 1:16-cv-
00043, was transferred from the U.S. District Court for Southern
District of New York, to the U.S. District Court for the Central
District of California (Western Division - Los Angeles). The
Central District Court Clerk assigned Case No. 2:16-Cv-04531-CAS-
SS to the proceeding. The assigned Judge is Hon. Christina A.
Snyder.
Trader Joe's is a privately held American chain of specialty
grocery stores based in Monrovia, California, in Greater Los
Angeles.
The Plaintiffs are represented by:
Scott A Bursor, Esq.
888 Seventh Avenue
BURSOR AND FISHER PA
New York, NY 10019
Telephone: (212) 989 9113
Facsimile: (212) 989 9163
E-mail: scott@bursor.com
The Defendants are represented by:
Jacqueline M Weyand, Esq.
Stuart P Slotnick, Esq.
Christopher James Dalton, Esq.
BUCHANAN INGERSOLL AND ROONEY PC
1290 Avenue of the Americas
New York, NY 10104
Telephone: (212) 440 4488
Facsimile: (212) 440 4401
E-mail: jacqueline.weyand@bipc.com
stuart.slotnick@bipc.com
U.S. CELLULAR: Suit Seeks to Recoup OT Pay for Sales Managers
-------------------------------------------------------------
BRADLEY EGGLESTON and NICHOLAS MACHOVEC, on behalf of themselves
and all others similarly situated, Plaintiffs, v. U.S. CELLULAR
CORPORATION, a Delaware corporation, Defendant, Case: 1:16-cv-
06775 (N.D. Ill., June 28, 2016), seeks to recover overtime
compensation for Plaintiffs and their similarly situated co-
workers who have worked as Sales Managers for U.S. Cellular
Corporation anywhere in the United States.
U.S. Cellular is headquartered in Illinois and according to its
website it is the "fifth-largest full-service wireless carrier in
the United States."
The Plaintiffs are represented:
Ryan F. Stephan, Esq.
STEPHAN ZOURAS, LLP
205 N. Michigan Avenue, Suite 2560
Chicago, IL 60601
Phone: (312) 233-1550
Fax: (312) 233-1560
E-mail: rstephan@stephanzouras.com
- and -
Gregg I. Shavitz, Esq.
SHAVITZ LAW GROUP, P.A.
Camar R. Jones, Esq.
1515 S. Federal Highway
Boca Raton, FL 33432
Phone: (561) 447-8888
Fax: (561) 447-8831
UNIVISTA HOLDINGS: Faces "Garcia" Suit Seeking OT Pay Under FLSA
----------------------------------------------------------------
YOSDALIS E. GARCIA, Plaintiff, v. UNIVISTA HOLDINGS INC,
and IVAN HERRERA, individually Defendants, Case 1:16-cv-22689-RNS
(S.D. Fla., June 27, 2016), seeks to recover money damages for
unpaid overtime wages and retaliation pursuant to the Fair Labor
Standards Act.
UNIVISTA INSURANCE is an insurance broker with multiple insurance
agencies located throughout Miami Dade-County.
The Plaintiff is represented by:
Zandro E. Palma., Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Phone: (305) 446-1500
Fax: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
UNITED STATES: Cierco Seeks Review of D.C. Court Decision
---------------------------------------------------------
Plaintiffs Higini Cierco, Ramon Cierco, Cierco Martinez 2 2003,
S.l. and Successors D'higini Cierco Garcia, S.A., filed an appeal
seeking review of a decision entered by the District Court in the
lawsuit styled Ramon Cierco, et al. v. Jacob Lew, et al., Case No.
1:15-cv-01641-JEB, in the United States District Court for the
District of Columbia.
The appellate case is captioned as Ramon Cierco, et al. v. Jacob
Lew, et al., Case No. 16-5185, in the United States Court of
Appeals for the District of Columbia Circuit.
According to a news release dated October 7, 2015, majority
shareholders and directors of Banca Privada d'Andorra (BPA), Ramon
and Higini Cierco (Ciercos), are suing the U.S. Treasury and its
Financial Crimes Enforcement Network (FinCEN) in the United States
District Court for the District of Columbia after FinCEN issued a
Notice of Finding that labeled BPA as a "primary money-laundering
concern" and a Notice of Proposed Rulemaking barring BPA from the
US banking market. That Notice also encouraged and implemented
coordinated action with Spanish, Andorran and Panamanian
regulators to shut down the bank without any notice or hearing,
which happened the same day as part of a coordinated action. The
Ciercos are seeking an Order that rescinds the Notices issued by
FinCEN.
The Ciercos' suit makes clear that FinCEN had no legitimate basis
for its Notices under Section 311 of the Patriot Act, according to
the release. The FinCEN Notices were fatally defective, the
Complaint alleges, as they failed to provide the informational
basis for its actions or the reasons for choosing the most severe
measure. Indeed, subsequent events have made clear that FinCEN
did not have a basis to act against BPA, but in fact was
frustrated with the Government of Andorra's unresponsiveness in
making systemwide changes to its AML rules, especially its cash
transaction reporting. A US Embassy official admitted that FinCEN
"used the hammer" on BPA -- not because of BPA's actions --
because of FinCEN's frustration with Andorra's unwillingness to
cooperate. The US government denied the statement was made, but
in fact it was caught on videotape and uploaded to YouTube. A
link is embedded in the complaint.
The Plaintiffs-Appellants are represented by:
Eric L. Lewis, Esq.
Anne Katherine Toomey, Esq.
LEWIS BAACH PLLC
1899 Pennsylvania Avenue, NW, Suite 600
Washington, DC 20006-3206
Telephone: (202) 833-8900
E-mail: eric.lewis@lewisbaach.com
katherine.toomey@lewisbaach.com
Defendants-Appellees Jacob J. Lew, in his official capacity as
Secretary of the Treasury; United States Department of the
Treasury; Jennifer Shasky Calvery, in her official capacity as
Director of the Financial Crimes Enforcement Network; and
Financial Crimes Enforcement Network are represented by:
DOJ APPELLATE COUNSEL
U.S. DEPARTMENT OF JUSTICE
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Telephone: (202) 514-2000
UNITED STATES: Smith Appeals District of Columbia Ruling
--------------------------------------------------------
David Lee Smith filed an appeal seeking review of a decision by
the District Court in the lawsuit titled David Smith v. Terrence
Boyle, et al., Case No. 1:16-cv-00998-UNA, in the United States
District Court for the District of Columbia.
The nature of the suit is "Prisoner-Civil Rights."
The appellate case is captioned as David Smith v. Terrence Boyle,
et al., Case No. 16-5191, in the United States Court of Appeals
for the District of Columbia Circuit.
Plaintiff-Appellant David Lee Smith appears pro se. Mr. Smith's
current address is at Pender Correctional Institution, in Burgaw,
North Carolina.
The other Defendants- Appellees are Michael F. Easley, Governor of
North Carolina, and John H. Baker, Wake County Sheriff.
Defendant-Appellee Terrence W. Boyle, a U.S. Judge, is represented
by:
R. Craig Lawrence, Esq.
U.S. ATTORNEY'S OFFICE
555 4th Street, NW
Washington, DC 20530
Telephone: (202) 252-2500
E-mail: craig.lawrence@usdoj.gov
URBAN LIVING: Faces "Lee" Lawsuit Seeking Overtime Pay Under FLSA
-----------------------------------------------------------------
NYOK LEE a/k/a STEVE LEE on Behalf of Himself and All Others
Similarly Situated, Plaintiffs v. WWW.URBAN, INC., d/b/a URBAN
LIVING, Defendant, Case 4:16-cv-01841 (S.D. Tex., June 27, 2016),
seeks to recover overtime compensation, minimum wages and other
wages, liquidated damages, attorney's fees, litigation expenses,
costs of court, pre-judgment and post-judgment interest and
injunctive relief under the provisions of the Fair Labor Standards
Act.
The Plaintiff is represented by:
Charles M.R. Vethan, Esq.
THE VETHAN LAW FIRM, PC
3501 Allen Parkway
Houston, TX 77019
Phone: (713) 526-2222
Fax: (713) 526-2230
V & J EMPLOYMENT: Sued for Violation of N.Y. Labor Law
------------------------------------------------------
MICHAEL I. CLUTE, MICHAEL MASON, CLARENCE ADAMS, AND JOHN KAHLER,
INDIVIDUALLY AND ON BEHALF OF ALL OTHER PERSONS SIMILARLY
SITUATED, Plaintiffs, v. V & J EMPLOYMENT SERVICES, INC.,
Defendant, Case 1:16-cv-00772-TJM-CFH (N.D.N.Y., June 28, 2016),
alleges willful violations by the Defendants of the New York Labor
Law.
V & J Employment is a Pizza Hut of Am. franchisee and operates
multiple Pizza Hut restaurants in the State of New York.
The Plaintiffs are represented by:
Douglas Lipsky, Esq.
BRONSON LIPSKY LLP
630 Third Avenue, Fifth Floor
New York, NY 10017-6705
Phone: 212.392.4772
E-mail: dl@bronsonlipsky.com
- and -
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003
Phone: 212.228.9795
E-mail: nyjg@aol.com
danalgottlieb@aol.com
WAL-MART STORES: "Brown" Sues Over Alleged Fillers in Cheese
------------------------------------------------------------
JOSE BROWN, on behalf of himself and all others similarly
situated, Plaintiffs, v. WAL-MART STORES, INC., Defendant, Case:
1:16-cv-05806 (N.D. Fla., February 26, 2016), alleges that
Wal-Mart's Great Value branded "100% Grated Parmesan Cheese"
products actually contain significant amounts of adulterants and
fillers.
Wal-Mart Stores, Inc, doing business as Walmart, is an American
multinational retail corporation that operates a chain of
hypermarkets, discount department stores and grocery stores.
The Plaintiff is represented by:
Brandon S. Morris, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 E. Main Street, Ste. 200
Pensacola, FL 32502
Phone: 850.202.1010
Fax: 850.916.7449
E-mail: bmorris@awkolaw.com
- and -
John J. Driscoll, Esq.
Philip Sholtz, Esq.
THE DRISCOLL FIRM, P.C.
211 N. Broadway, 40th Floor
St. Louis, MO 63102
Phone: 314-932-3232
Fax: 314-932-3233
E-mail: john@thedriscollfirm.com
phil@thedriscollfirm.com
WENDY'S COMPANY: Sued in Pennsylvania Over Alleged Data Breach
--------------------------------------------------------------
South Florida Educational Federal Credit Union and Preferred
Credit Union, on behalf of themselves and all others similarly
situated v. The Wendy's Company, Wendy's Restaurants, LLC, and
Wendy's International, LLC, Case No. 2:16-cv-00873-MPK (W.D.
Penn., June 17, 2016), arises out of a data breach as an
inevitable result of Wendy's inadequate data security measures and
approach to data security.
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 -
Joseph P. Guglielmo, Esq.
Erin Green Comite, Esq.
Stephen J. Teti, Esq.
SCOTT+SCOTT, ATTORNEYS AT LAW, LLP
The Chrysler Building
405 Lexington Ave., 40th Floor
New York, NY 10174
Telephone: (212) 223-6444
Facsimile: (212) 223-6334
E-mail: jguglielmo@scott-scott.com
ecomite@scott-scott.com
steti@scott-scott.com
- and -
Bryan L. Bleichner, Esq.
CHESTNUT CAMBRONNE PA
17 Washington Ave. North, Suite 300
Minneapolis, MN 55401
Telephone: (612) 339-7300
Facsimile: (612) 336-2921
E-mail: bbleichner@chestnutcambronne.com
- and -
Karen Hanson Riebel, Esq.
Kate Baxter-Kauf, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Avenue S Suite 2200
Minneapolis, MN 55401
Telephone: (612) 596-4097
Facsimile: (612-339-0981
E-mail: khriebel@locklaw.com
kmbaxter-kauf@locklaw.com
- and -
Arthur M. Murray, Esq.
MURRAY LAW FIRM
650 Poydras Street, Suite 2150
New Orleans, LA 70130
Telephone: (504) 525-8100
Facsimile: (504) 584-5249
E-mail: amurray@murray-lawfirm.com
WHEATON FRANCISCAN: Faces Ill. Lawsuit Alleging ERISA Violation
---------------------------------------------------------------
BRUCE BOWEN and CHERYL MUELLER, individually, and on behalf of all
others similarly situated, and on behalf of the Wheaton Franciscan
System Retirement Plan, Plaintiffs, v. WHEATON FRANCISCAN
SERVICES, INC., D/B/A WHEATON FRANCISCAN HEALTHCARE, an Illinois
Non-Profit Corporation, OPERATIONS COMMITTEE OF THE BOARD OF
DIRECTORS OF WHEATON FRANCISCAN SERVICES, INC., JOHN and JANE DOES
1-20, MEMBERS OF THE OPERATIONS COMMITTEE, ASCENSION HEALTH, a
Missouri Non-Profit Corporation, ASCENSION HEALTH ALLIANCE, D/B/A
ASCENSION, a Missouri Non-Profit Corporation, ASCENSION HEALTH
PENSION COMMITTEE, JOHN and JANE DOES 21-40, MEMBERS OF THE
ASCENSION HEALTH PENSION COMMITTEE, each an individual, and JOHN
and JANE DOES 41-60, each an individual,
Defendants, Case: 1:16-cv-06782 (D. Ill., June 28, 2016), was
filed pursuant to the Employee Retirement Income Security Act.
WHEATON FRANCISCAN SERVICES, INC. operated a hospital conglomerate
in Illinois, Colorado, Iowa, and Wisconsin and provided healthcare
and health-related services in the communities it served.
The Plaintiffs are represented by:
Carol V. Gilden, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
190 South LaSalle Street, Suite 1705
Chicago, IL 60603
Phone: (312) 357-0370
Fax: (312) 357-0369
E-mail: cgilden@cohenmilstein.com
- and -
COHEN MILSTEIN SELLERS & TOLL PLLC
Karen L. Handorf, Esq.
Michelle C. Yau, Esq.
Julie G. Reiser, Esq.
Scott Lempert, Esq.
1100 New York Avenue, N.W.
Suite 500, West Tower
Washington, D.C. 20005
Phone: (202) 408-4600
Fax: (202) 408-4699
E-mail: khandorf@cohenmilstein.com
myau@cohenmilstein.com
jreiser@cohenmilstein.com
slempert@cohenmilstein.com
- and -
Lynn Lincoln Sarko, Esq.
Laura R. Gerber, Esq.
Havila Unrein, Esq.
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101-3052
Phone: (206) 623-1900
Fax: (206) 623-3384
E-mail: hunrein@kellerrohrback.com
lsarko@kellerrohrback.com
lgerber@kellerrohrback.com
- and -
Ron Kilgard, Esq.
KELLER ROHRBACK L.L.P.
3101 North Central Avenue, Suite 1400
Phoenix, AZ 85012
Phone: (602) 248-0088
Fax: (602) 248-2822
E-mail: rkilgard@kellerrohrback.com
WINDSOR TERRACE: Faces "Alarcon" Class Suit Alleging Unpaid Wages
-----------------------------------------------------------------
MARTIN ALARCON on behalf of himself and others aggrieved v.
WINDSOR TERRACE HEALTHCARE, LLC, a California limited liability
company, et al., BC625345 (Cal. Super. Ct., June 29, 2016), is
brought on behalf of the Plaintiff and other current and former
non-exempt employees of the Defendants in California seeking civil
penalties and unpaid wages for the Defendants' failure to provide:
legally compliant wage statements, wages for all hours worked at
minimum wage or overtime rate of pay; properly calculated
overtime; unpaid vacation wages; accurate and complete wage
statements; and timely payment of wages to former employees;
reasonable attorney's fees pursuant to the Labor Code.
The Defendants operate 29 skilled nursing facilities and assisted
living centers throughout California. These "Windsor" centers
employ over 5,500 individuals to offer nursing, therapeutic, sub-
acute and rehabilitation care to their patients. Although each
location is registered as separate legal entities, the entities
have chosen to handle aspects of their employer-employee
relationships jointly and have chosen to operate as a single
integrated enterprise, the Plaintiff asserts.
The other Defendants are S&F MANAGEMENT COMPANY, INC., a
California corporation; S&F MANAGEMENT COMPANY, LLC, a California
limited liability company; WINDSOR HEALTHCARE MANAGEMENT, INC., a
California corporation; 13000 VICTORY BLVD., LLC, a California
limited liability company; BLYTHE/WINDSOR COUNTRY PARK HEALTHCARE
CENTER, LLC, a California limited liability company; S&F MARKET
STREET HEALTHCARE, LLC, a California limited liability company;
SANDHURST CONVALESCENT GROUP, LTD., a California Limited
Partnership; WINDSOR CARE CENTER NATIONAL CITY, INC., a California
corporation; WINDSOR CARE CENTER OF PETALUMA, LLC, a California
limited liability company; WINDSOR CHEVIOT HILLS, LLC, a
California limited liability company; Windsor Convalescent and
Rehabilitation Center of Concord, LLC, a California limited
liability company; WINDSOR CONVALESCENT AND REHABILITATION CENTER
OF FREMONT, LLC, a California limited liability company; Windsor
Convalescent And Rehabilitation Center Of Salinas, LLC, a
California limited liability company; WINDSOR COUNTRY DRIVE CARE
CENTER, LLC, a California limited liability company; Windsor El
Camino Care Center, LLC, a California limited liability company;
WINDSOR ELK GROVE CARE AND REHABILITATION, LLC, a California
limited liability company; WINDSOR ELMHAVEN CARE CENTER, LLC, a
California limited liability company; WINDSOR GARDENS CONVALESCENT
HOSPITAL, INC., a California corporation; WINDSOR GARDENS
HEALTHCARE CENTER OF FULLERTON, LLC, a California limited
liability company; WINDSOR GARDENS HEALTHCARE CENTER OF HAYWARD,
LLC, a California limited liability company; Windsor Hampton Care
Center, LLC, a California limited liability company; WINDSOR
HAYWARD ESTATES, LLC, a California limited liability company;
WINDSOR HEALTHCARE GOLDEN PALMS, LLC, a California limited
liability company; WINDSOR MONTEREY CARE CENTER, LLC, a California
limited liability company; WINDSOR ROSEWOOD CARE CENTER, LLC, a
California limited liability company; WINDSOR SACRAMENTO ESTATES,
LLC, a California limited liability company; WINDSOR SKYLINE CARE
CENTER, LLC, a California limited liability company; WINDSOR THE
RIDGE REHABILITATION CENTER, LLC, a California limited liability
company; WINDSOR TWIN PALMS HEALTHCARE CENTER., LLC, a California
limited liability company; WINDSOR VALLEJO CARE CENTER, LLC, a
California limited liability company; WINDSOR WESTLAKE HEALTHCARE,
LLC, a California limited liability company; and DOES 1 to 100,
Inclusive.
The Plaintiff is represented by:
Joseph Lavi, Esq.
Jordan D. Bello, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W. Olympic Blvd., Suite 200
Beverly Hills, CA 90211
Telephone: (310) 432-0000
Facsimile: (310) 432-0001
E-mail: jlavi@lelawfirm.com
jbello@lelawfirm.com
- and -
Sahag Majarian II, Esq.
LAW OFFICES OF SAHAG MAJARIAN II
18250 Ventura Boulevard
Tarzana, CA 91356
Telephone: (818) 609-0807
Facsimile: (818) 609-0892
E-mail: SahagII@aol.com
WINKING LIZARD: Faces "Kenner" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Tyrone Kenner, Christopher Sanford, Tayler Downs, and Victoria
Cooper, on behalf themselves and all other persons similarly
situated v. Winking Lizard, Inc., Winking Lizard of Avon, Inc.,
Winking Lizard of Bedford Heights, Inc., Winking Lizard of Bethel
Rd., Inc., Winking Lizard of Brunswick, Inc., Winking Lizard of
Columbus, Inc., Winking Lizard of Copley, Inc., Winking Lizard of
Coventry, Inc., Winking Lizard of Gateway, Inc., Winking Lizard of
Independence, Inc., Winking Lizard of Lakewood, Inc., Winking
Lizard of Macedonia, Inc., Winking Lizard of North Canton, Inc.,
Winking Lizard of Northwest Columbus, Inc., Winking Lizard of
Peninsula, Inc., and Winking Lizard of Westerville, Inc., Case No.
1:16-cv-01513-DAP (N.D. Ohio, June 17, 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 over a dozen Winking Lizard
restaurants in Ohio.
The Plaintiff is represented by:
Clifford P. Bendau II, Esq.
Christopher J. Bendau, Esq.
THE BENDAU LAW FIRM PLLC
P.O. Box 97066
Phoenix, AR 85060
Telephone AZ: (480) 382-5176
Telephone OH: (216) 395-4226
E-mail: cliffordbendau@bendaulaw.com
- and -
Douglas M. Werman, Esq.
Zachary C. Floweree, Esq.
WERMAN SALAS P.C.
77 West Washington, Suite 1402
Chicago, IL 60602
Telephone (312) 419-1008
E-mail: dwerman@flsalaw.com
zflowerree@flsalaw.com
- and -
James L. Simon, Esq.
6000 Freedom Square Dr.
Independence, OH 44131
Telephone: (216) 525-8890
Facsimile: (216) 642-5814
E-mail: jameslsimonlaw@yahoo.com
YORK BRIDGE: Faces "Barbara" Suit Alleging Violation of FLSA
------------------------------------------------------------
Edward Barbara, on behalf of himself and those similarly situated,
Plaintiff(s), v. YORK BRIDGE CONCEPTS, INC., a Florida Profit
Corporation, Defendant, Case 8:16-cv-01867-VMC-AEP (M.D. Fla.,
June 28, 2016), was brought under the Fair Labor Standards Act.
YORK BRIDGE CONCEPTS, INC. employs sales representatives that sell
bridges throughout the nation and internationally to architects,
contractors, engineers, estate home owners, developers and owners.
The Plaintiff is represented by:
Carlos V. Leach, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Ave., 14th Floor
PO Box 4979
Orlando, FL 32802-4979
Phone: (407) 420 1414
Fax: (407) 420 5956
E-mail: CLeach@forthepeople.com
ZDG LLC: Sued in New York Over Alleged Breach of Contract
---------------------------------------------------------
Metal Partners Rebar LLC, on behalf of itself and all other
persons similarly situated as trust fund beneficiaries of Lien Law
Trusts of which Sullivan Land Services, Ltd., is Trustee v. ZDG,
LLC, Michael Zazza, and John Doe No. 1 Through John Doe No. 10,
Case No. 653226/2016 (N.Y., Sup. Ct., June 17, 2016), arises out
of the Defendants' alleged breach of contract for failure to
furnish labor, services, equipment and materials necessary for the
construction of a hotel located at 310 West 40th Street, New York,
New York.
ZDG, LLC owns and operates a construction company located at 192
Lexington Ave, New York, NY 10016.
The Plaintiff is represented by:
Jose A. Aquino, Esq.
DUANE MORRIS, LLP
1540 Broadway
New York, NY 10036
Telephone: (212) 692-1000
E-mail: jaaquino@duanemorris.com
ZIECO CARRIERS: Faces "Solano" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Joaquin Solano, individually and on behalf of all others similarly
situated v. Zieco Carriers of Indiana, Inc., Case No. 1:16-cv-
06308 (N.D. Ill., June 17, 2016), is brought against the
Defendants for failure to pay overtime wages in violation of the
Fair Labor Standards Act.
Zieco Carriers of Indiana, Inc. operates a carrier business and
among other activities provides trucks and drivers to deliver
furniture and other goods for its clients.
The Plaintiff is represented by:
Alvar Ayala, Esq.
Christopher J. Williams, Esq.
Neil Kelley, Esq.
WORKERS' LAW OFFICE, P.C.
53 W. Jackson Blvd, Suite 701
Chicago, IL 60604
Telephone: (312) 795-9121
*********
S U B S C R I P T I O N I N F O R M A T I O N
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Copyright 2016. All rights reserved. ISSN 1525-2272.
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