/raid1/www/Hosts/bankrupt/CAR_Public/160728.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, July 28, 2016, Vol. 18, No. 150
Headlines
2477 ARTHUR AVE: "Nieves" Suit to Recover Minimum Wages
3M COMPANY: Banker Dental Sues Over "Defective" Dental Crown
AIDELLS SAUSAGE: Spicher Seeks Class Certification
AIRBNB INC: Sept. 6 Case Management Conference Set in Schumacher
ALLSTATE CO: Court Favors Dismissal of "Hanson" Suit
AMERILIST INC: Class Cert. Bid in M Milkes Insurance Suit Denied
AMERLINK LTD: North Carolina Appeals Court Revives Class Suit
ARIEL FINANCIAL: Sued in Tex. Over False Robo-Signed Affidavits
ARROW FINANCIAL: Sued in Tex. Over False Robo-Signed Affidavits
ATLANTIC CREDIT: Sued in Tex. Over False Robo-Signed Affidavits
BLUE RIDGE: Sued in D. Tex. Over False Robo-Signed Affidavits
BLUEBONNET FINANCIAL: Sued Over False Robo-Signed Affidavits
BOEHRINGER INGELHEIM: Faces 4 Lawsuits in Conn. Super Ct.
BUTLER & HOSCH: "Regal" Suit Seeks Certification of Class
C&C SECURITY: "Gonzalez" Suit Seeks Unpaid Wages Under Labor Code
CACH LLC: Sued in D. Tex. Over False Robo-Signed Affidavits
CACV OF COLORADO: Sued in Tex. Over False Robo-Signed Affidavits
CAVALRY INVESTMENTS: Sued Over False Robo-Signed Affidavits
CENTURION CAPITAL: Sued in Tex. Over False Robo-Signed Affidavits
CERASTES LLC: Sued in D. Tex. Over False Robo-Signed Affidavits
CHESAPEAKE EXPLORATION: Court Narrows Claims in Zehentbauer Suit
CHESAPEAKE EXPLORATION: Court Denies Motion to Stay
COMMERCIAL RESEARCH: Sued Over False Robo-Signed Affidavits
CONVERGENT OUTSOURCING: Has Until Sept. 19 to Reply to Suit
CROCS INC: 10th Cir. Affirms Dismissal of "Sanchez" Complaint
DTC ENERGY: Faces "Fury" Suit Under FLSA, Ohio Wage Standards Act
DZILLA'S LLC: Faces "Barrera" Suit Alleging FLSA Violation
DODEKA LLC: Sued in D. Tex. Over False Robo-Signed Affidavits
ECONO AUTO: "Green" Suit to Recover Overtime Pay
ELITE SERVICES: Sued in D. Tex. Over False Robo-Signed Affidavits
EQUABLE ASCENT: Sued in D. Tex. Over False Robo-Signed Affidavits
EXTRA CHEESE: "Tejada" Suit Seeks Overtime Wages Under Labor Code
FIRST RESOLUTION: Sued in Tex. Over False Robo-Signed Affidavits
FIRST SELECT CORP: Sued in Tex. Over False Robo-Signed Affidavits
FORESIGHT ENERGY: Must Defend Against "Carver" WARN Act Suit
FREMONT AUTOMOBILE: "Prasad" Sues Over Shady Vehicle Sale
GEARXS INC: "Cohen" Sues Over False Advertising
GEORGIA RECEIVABLES: Sued Over False Robo-Signed Affidavits
GLAXOSMITHKLINE LLC: Oct. 11 Case Management Conference Set
GLOBAL ACCEPTANCE: Sued Over False Robo-Signed Affidavits
GLOBAL ACCEPTANCE CREDIT: Sued Over False Robo-Signed Affidavits
HARVEST CREDIT: Sued in D. Tex. Over False Robo-Signed Affidavits
HCL AMERICA: "Wardle" Suit Seeks Damages & OT Pay Under FLSA
HILCO RECEIVABLES: Sued in Tex. Over False Robo-Signed Affidavits
HOMELAND SECURITY: TSA Workers' Suit Has Class Certification
HOMELAND SECURITY: Court Tosses Class Cert. Bid in "Slater"
HONEYWELL INTERNATIONAL: Faces Healthcare Retirees Suit in Ohio
HOOTERS OF AMERICA: Faces "Berry" Suit Alleging Violation of FLSA
HUB GROUP: "Lubinski" Suit to Recover Unpaid Wages, Reimbursements
INTELLICURE INC: Bid for Class Certification in "Holt" Denied
INVESTMENT RETRIEVERS: Sued Over False Robo-Signed Affidavits
JEFFERSON CAPITAL: Sued in Tex. Over False Robo-Signed Affidavits
JOHN HERTLER: Faces Suit Claiming FLSA, NY Labor Law Violations
KANSAS CITY ROYALS: Class Cert. Bid in "Senne" Suit Denied
LOS ANGELES, CA: DWP Faces Racial Discrimination Class Action
LVNV FUNDING: Sued in D. Tex. Over False Robo-Signed Affidavits
MAYNE PHARMA: Class Cert. Bid in Glen Ellyn Pharmacy Suit Denied
MAYNE PHARMA: Glen Ellyn Pharmacy Files Amended Class Cert. Bid
MDL 2562: Lopez Appeals Order Approving $32MM Settlement
MDL 2562: McCoy Appeals Order Approving $32MM Settlement
MEMORIAL RESOURCE: "Mariani" Sues Over Undervalued Merger Deal
MICHIGAN: Court Denies Motion for Equitable Award of Seniority
MORGAN KEEGAN: Court Grants Motion to Compel Payment
MRC RECEIVABLES: Sued in Tex. Over False Robo-Signed Affidavits
NASDAQ OMX: Court Sends Fees Dispute Between Insurers to Trial
NASSAU, NY: Faces "Arciello" Suit Alleging FLSA Violation
NEW YORK LIFE: Faces N.Y. Suit Over ERISA Violation
NCEP LLC: Sued in D. Tex. Over False Robo-Signed Affidavits
NORTH STAR: Sued in D. Tex. Over False Robo-Signed Affidavits
OLIPHANT FINANCIAL: Sued Over False Robo-Signed Affidavits
OZARK CAPITAL: Sued in D. Tex. Over False Robo-Signed Affidavits
PALISADES ACQUISITIONS: Sued Over False Robo-Signed Affidavits
PALISADES COLLECTIONS: Sued Over False Robo-Signed Affidavits
PFIZER INC: Sued in N.D. Cal. Over Viagra Ingestion Injuries
PHARIA LLC: Sued in D. Tex. Over False Robo-Signed Affidavits
PINNACLE CREDIT: Sued in Tex. Over False Robo-Signed Affidavits
PORTFOLIO RECOVERY: Sued Over False Robo-Signed Affidavits
RDL ENERGY: Bid for FLSA Class Cert. in "Trevino" Suit Denied
REACHLOCAL INC: Miranda Seeks to Enjoin Merger with Gannett
REGUS MANAGEMENT: Plaintiff Can't Seek Injunctive Relief
RENEWAL BY ANDERSEN: Meyer Seeks Unpaid Wages Under Labor Code
RESURGENCE FINANCIAL: Sued Over False Robo-Signed Affidavits
RIVERWALK HOLDINGS: Sued Over False Robo-Signed Affidavits
ROBERT FRANCIS: "Martinez" Suit Seeks Overtime Pay
SANTA MONICA, CA: Angelos Seeks Unpaid Wages Under Labor Code
SEPHORA USA: "Ye" Suit Seeks Certification of Customers Class
SERVIS ONE: Court Approves Dismissal of "Ryan" Suit
SPIRIT AEROSYSTEMS: "Raymond" Sues Over Age Discrimination
SPRAY FOAM GROUP: "Ramirez" Suit to Recover Overtime Pay
ST. LOUIS RAMS: "Pudlowski" Case Belongs to District Court
STERICYCLE INC: Firefighters Pension Sues Over Share Price Drop
T-MOBILE USA: Class Cert. Bid Okayed; Settlement Denied for Now
TARGET CORPORATION: Sued in Minn. Over 401(k) Plan Mismanagement
THINGS REMEMBERED: Appeal Filed From Denial of "Kaur" Class Cert.
TOP CHOICE: Faces "Bright" Suit Under FLSA, Pa. Min. Wage Act
TRANSWORLD SYSTEMS: Court Dismisses "Lopez" Suit
UNITED STATES: Court Denies Class Certification Bid in "Atkins"
UPTOWN COMMUNICATIONS: Faces Suit Pursuant to FLSA, NY Labor Law
VILLAGE OF LINCOLN HEIGHTS: "Maddox" Suit Goes to Mediation
WATER EVENT: "Wherry" Suit Seeks Overtime Pay
* No. of Securities Class Suit Filings Rises Due to M&A Challenges
*********
2477 ARTHUR AVE: "Nieves" Suit to Recover Minimum Wages
-------------------------------------------------------
Luis Nieves, on behalf of himself and others similarly situated,
Plaintiff, v. 2477 Arthur Avenue Management LLC, 2477 Arthur
Avenue Realty Corp., 2479 Arthur Avenue Realty Corp., Biba Kajtazi
and Elizabeth Kajtazi, in their individual and professional
capacity, Defendants, Case No. 1:16-cv-05519 (S.D.N.Y., July 11,
2016), seeks unpaid minimum wages, liquidated damages, reasonable
attorneys' fees, costs and pre-judgment and post-judgment interest
pursuant to the Fair Labor Standards Act and New York Labor Laws.
2477 Arthur Avenue Management LLC, 2477 Arthur Avenue Realty
Corp., and 2479 Arthur Avenue Realty Corp. jointly operate an
apartment building. It is managed and operated by Biba Kajtazi and
Elizabeth Kajtazi.
Plaintiff was employed by the Defendants as a building
superintendent. He was never paid any wages, just enough cash
throughout the week enough to compensate for expenses towards jobs
done by him during the week.
Plaintiff is represented by:
Ariadne Anna Panagopoulou Alexandrou, Esq.
PARDALIS & NOHAVICKA, LLP
3510 Broadway, Suite 204
Astoria, NY 11106
Tel: (718) 777-0400
Email: ari@pnlawyers.com
3M COMPANY: Banker Dental Sues Over "Defective" Dental Crown
------------------------------------------------------------
Banker Dental Associates, P.A. on Behalf of Itself and All Others
Similarly Situated, v. 3M Company, CASE 0:16-cv-02440 (D. Minn.,
July 18, 2016), was filed over defective dental crown products
that Defendant 3M Company, by and through its subsidiary division
3M ESPE marketed and sold to dentists around the country.
3M Corporation, a recognized leader in research and development,
produces thousands of innovative products for dozens of diverse
markets.
The Plaintiff is represented by:
Brian C. Gudmundson, Esq.
Wm. Dane DeKrey, Esq.
ZIMMERMAN REED, LLP
1100 IDS Center, 80 South 8th St.
Minneapolis, MN 55402
Phone: (612) 341-0400
E-mail: brian.gudmundson@zimmreed.com
dane.dekrey@zimmreed.com
- and -
James J. Pizzirusso, Esq.
Swathi Bojedla, Esq.
HAUSFELD, LLP
1700 K. Street, NW, Suite 650
Washington, DC 20006
Phone: (202) 540-7200
E-mail: jpizzirusso@hausfeld.com
sbojedla@hausfeld.com
- and -
Karl L. Cambronne, Esq.
Bryan L. Bleichner, Esq.
Jeffrey D. Bores, Esq.
CHESTNUT CAMBRONNE PA
17 Washington Avenue North, Suite 300
Minneapolis, MN 55401
Phone: (612) 339-7300
E-mail: kcambronne@chestnutcambronne.com
bbleichner@chestnutcambronne.com
jbores@chestnutcambronne.com
AIDELLS SAUSAGE: Spicher Seeks Class Certification
--------------------------------------------------
The Plaintiffs in the class action lawsuit styled CARMEN SPICHER
and DAVID FLEMING, on behalf of themselves and all others
similarly situated, the Plaintiffs, v. AIDELLS SAUSAGE COMPANY,
INC., the Defendant, Case No. 3:15-cv-05012-WHO (N.D. Cal.), move
the court to certify a class consisting of:
"All persons who worked for Aidells Sausage Company, Inc. as
product demonstrators in retail stores in California at
some point during the period September 29, 2011 through
July 31, 2015."
Carmen Spicher and David Fleming seek appointment as
representatives of the class.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=0R6zHx5F
The Plaintiff is represented by:
James M. Finberg, Esq.
Eve H. Cervantez, Esq.
Connie K. Chan, Esq.
ALTSHULER BERZON LLP
177 Post Street, Suite 300
San Francisco, CA 94108
Telephone: (415) 421-7151
Facsimile: (415) 362-8064
E-mail: jfinberg@altshulerberzon.com
ecervantez@altshulerberzon.com
cchan@altshulerberzon.com
- and -
John T. Mullan, Esq.
Michelle G. Lee, Esq.
RUDY, EXELROD, ZIEFF & LOWE, LLP
351 California Street, Suite 700
San Francisco, CA 94104
Telephone: (415) 434 9800
Facsimile: (415) 434 0513
E-mail: jtm@rezlaw.com
mgl@rezlaw.com
AIRBNB INC: Sept. 6 Case Management Conference Set in Schumacher
----------------------------------------------------------------
District Judge Claudia Wilken ordered that a Case Management
Conference shall be held on September 6, 2016, in the case of
YVONNE EDITH MARIA SCHUMACHER, Plaintiff, v. AIRBNB, INC., et al.,
Defendants, Case No. 15-cv-05734-CW (N.D. Calif.). A copy of the
Court's Order dated July 19, 2016, is available at
http://goo.gl/Vgzy1Cfrom Leagle.com.
Pursuant to Civil L.R. 16-9(a), parties are required to file a
joint Case Management Statement, not less than seven days before
the conference, addressing each of the items listed in the
"Standing Order for All Judges of the Northern District of
California" as attached in the Order.
Plaintiff is directed to serve a copy of this Order at once on all
parties to this action in accordance with the provisions of Rule 5
of the Federal Rules of Civil Procedure. Following service, the
party causing the service shall file a certificate of service with
the Clerk of Court.
Yvonne Edith Maria Schumacher, Plaintiff, represented by Peter
Henry Liederman -- berkeleylawfirm@gmail.com -- Law Offices of
Peter H. Liederman & Michael Richard Jackson, The Jackson Law
Firm, P.A., pro hac vice.
Airbnb, Inc., Defendant, represented by Michele D. Floyd --
mfloyd@sacksrickettscase.com -- SACKS, RICKETTS & CASE LLP.
ALLSTATE CO: Court Favors Dismissal of "Hanson" Suit
----------------------------------------------------
In the case, FLORENCE HANSON, Plaintiff, v. ALLSTATE NEW JERSEY
INSURANCE COMPANY, Defendant, Case No. 2:15-cv-08882(SDW)(LDW),
(D. N.J.), District Judge Susan D. Wigenton granted Defendant's
motion to dismiss Plaintiff's claims.
The class action involved delayed insurance payment.
The class members of the case are persons located in New Jersey or
New Jersey policyholders who reside in and/or are citizens of New
Jersey. Consequently, the Court ruled that the parties are not
diverse and it does not have subject matter jurisdiction over
Plaintiff's claims under 28 U.S.C. Sec. 1332(d)(2)(A).
Judge Wigenton ruled that all nine claims of the Plaintiff are
unsustainable. A copy of the Court's Opinion dated July 19, 2016
is available at http://goo.gl/2NwyBpfrom Leagle.com.
FLORENCE HANSON, Plaintiff, represented by WILLIAM J. PINILIS --
wpinilis@consumerfraudlawyer.com -- PINILIS HALPERN.
ALLSTATE INSURANCE COMPANY, et al., Defendants, represented by
DAVID D'ALOIA -- ddaloia@saiber.com -- Saiber LLC & JOAN MARY
SCHWAB -- jschwab@saiber.com -- SAIBER, LLC.
AMERILIST INC: Class Cert. Bid in M Milkes Insurance Suit Denied
----------------------------------------------------------------
The Hon. Samuel Der-Yeghiayan entered an order in the class action
lawsuit styled M Milkes Insurance Agency, Inc., the Plaintiff, v.
Amerilist, Inc., et al., the Defendant, Case No. 1:16-cv-06778
(N.D. Ill.), striking Plaintiff's motion to certify class without
prejudice to reinstate or file a new one, according to the docket
entry made by the Clerk on July 21, 2016.
The court struck Plaintiff's motion to continue as moot. The
initial status hearing is set for August 25, 2016 at 9:00 a.m. At
least four working days before the initial status hearing the
parties shall conduct a conference pursuant to the Federal Rules
of Civil Procedure and file a joint written Initial Status Report,
not to exceed five pages in length, and file the Court's Joint
Jurisdictional Status Report and deliver courtesy copies to the
Court's Courtroom Deputy in Room 1908.
The Court's standing orders on the Initial Status Report and Joint
Jurisdictional Status Report maybe obtained from Judge Der-
Yeghiayan's web page or from the Court's Courtroom Deputy.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=9ZJPJ22o
AMERLINK LTD: North Carolina Appeals Court Revives Class Suit
-------------------------------------------------------------
Judge Linda Stephens of the North Carolina Court of Appeals
reversed the trial court's Orders and Judgments in the case
captioned, JOHN NEWTON, HARRY SCHATMEYER, CHERYL SCHATMEYER,
JUANVELASQUEZ, ROBERT THOMPSON, KRISTI THOMPSON, DALE F. CAMARA,
A.J. RICE, VIOLANE RICE, RANDALL SLAYTON, MARIE PALADINO, MARCAR
ENTERPRISES, INC., MAYNARD SIKES, NANCY SIKES, BILLY BACON,
BEVERLY BACON, SABINA HOULE, KENNETH COURNOYER, LAWANNA COURNOYER,
GARY GROSS, ELKE GROSS, JACK DONNELLY, and JOSEPH KINTZ, on behalf
of themselves and all persons similarly situated, Plaintiffs,
RICHARD B. SPOOR, Plaintiff, v. JOHN BARTH, JR., and JOHN BARTH,
(SR.), Defendants. DIORIO FOREST PRODUCTS, INC., 919 MARKETING
COMPANY, INC., and JAMES B. ENTERPRISES, INC., formerly EPPERSON
LUMBER SALES, INC., on behalf of themselves and all entities
similarly situated, Plaintiffs, and RICHARD B. SPOOR, Plaintiff,
v. JOHN BARTH, JR., and JOHN BARTH (SR.), Defendants Case No.
COA15-1209, COA15-1210 (N.C. App.).
The case arises from two separate class action lawsuits filed in
Wake County Superior Court alleging claims for fraud, unfair and
deceptive trade practices (UDTP), civil conspiracy, and punitive
damages against by the customers, vendors, and suppliers of
AmerLink, Ltd. The Newton Plaintiffs were customers of AmerLink,
and the Diorio Plaintiffs were vendors and suppliers of AmerLink.
On 12 February 2009, AmerLink filed for Chapter 11 bankruptcy. The
Newton and Diorio Plaintiffs allege that beginning in 2007 and
continuing until October 2009, Defendants John M. Barth, Jr.
(Junior), and John M. Barth (Senior) engaged in a fraudulent
scheme to acquire control of AmerLink at a depreciated price by
falsifying financial statements and other documents, secretly
infusing over $2 million into AmerLink to prop up the corporation
and conceal the falsified financial statements, and
misrepresenting AmerLink's distressed financial condition.
In their complaints, the Newton and Diorio Plaintiffs alleged that
by infusing funds into AmerLink, falsifying corporate financial
statements, and directing AmerLink staff to assure customers,
vendors, and suppliers that AmerLink would either comply with its
contracts or receive funds that would allow it to comply with
those contracts, Junior and Senior intentionally misrepresented
and concealed AmerLink's financial distress in order to deceive
and induce the Newton and Diorio Plaintiffs into entering into
contracts with and providing funds, materials, and services to
AmerLink, thus leaving them unable to protect themselves from the
company's financial problems.
On July 11 and August 19, 2014, the state Supreme Court's Chief
Justice entered separate orders designating these cases as
exceptional pursuant to Rule 2.1 of the General Rules of Practice
for the Superior and District Courts. Junior and Senior
subsequently filed motions to dismiss both complaints pursuant to
Rules 12(b)(1) and 12(b)(6) of the State's Rules of Civil
Procedure. The Honorable Robert T. Sumner, Judge presiding, the
trial court dismissed their claims with prejudice by written
orders entered 8 and 18 June 2015 concluding that the Newton and
Diorio Plaintiffs lacked standing and that their claims were
barred by the applicable statutes of limitations, and
consequently.
On appeal, the Newton and Diorio Plaintiffs argue first that the
trial court erred in dismissing their claims against Junior and
Senior based on its conclusion that they lacked standing to sue
and in in granting Junior's and Senior's Rule 12(b)(6) motion to
dismiss their claims because they failed to bring suit within the
applicable statute of limitations.
In her Order dated July 19, 2016 available at https://is.gd/wStLua
from Leagle.com, Judge Stephens held that the Newton and Diorio
Plaintiffs have standing to sue, and that the trial court erred in
granting Junior's and Senior's motion to dismiss for lack of
subject matter jurisdiction. The Court also found that the trial
court erred in granting Junior's and Senior's motion to dismiss
based on a lapse of the applicable statutes of limitations because
the Newton and Diorio Plaintiffs commenced their actions within
the three-year statute of limitations for fraud claims and the
four-year statute of limitations for UDTP claims.
John Newton, et al. are represented by Barry Nakell, Esq. --
bnakell@nc.rr.com -- SMITH MOORE LEATHERWOOD LLP
John M. Barth, Jr. is represented by Judson A. Welborn, Esq. --
welborn@manningfulton.com -- and J. Whitfield Gibson, Esq. --
gibson@manningfulton.com -- MANNING FULTON & SKINNER, P.A.
John M. Barth is represented by Reginald B. Gillespie, Jr., Esq.
-- rgillespie@wrlaw.com -- and N. Hunter Wyche, Jr., Esq. --
hwyche@wrlaw.com -- WILSON & RATLEDGE, PLLC -- Michael J. Small,
Esq. -- msmall@foley.com -- and David B. Goroff, Esq. -
dgoroff@foley.com -- FOLEY & LARDNER LLP
ARIEL FINANCIAL: Sued in Tex. Over False Robo-Signed Affidavits
---------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. ARIEL FINANCIAL LLC, the Defendant,
Case No. DC-16-08475 (D. Tex., July 15, 2016), seeks equitable
relief from unlawful, void and fraudulent judgments rendered
against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Ariel Financial is a debt buyer and/or debt collector engaged in
the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
ARROW FINANCIAL: Sued in Tex. Over False Robo-Signed Affidavits
---------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. ARROW FINANCIAL SERVICES LLC, the
Defendant, Case No. DC-16-08476 (D. Tex., July 15, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Arrow Financial is a debt buyer and/or debt collector engaged in
the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
ATLANTIC CREDIT: Sued in Tex. Over False Robo-Signed Affidavits
--------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. ATLANTIC CREDIT & FINANCE CORP, the
Defendant, Case No. _________(D. Tex., July 15, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Atlantic Credit is a debt buyer and/or debt collector engaged in
the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
BLUE RIDGE: Sued in D. Tex. Over False Robo-Signed Affidavits
-------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. BLUE RIDGE RECOVERY LLC, the
Defendant, Case No. DC-16-08483 (D. Tex., July 15, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Blue Ridge is a debt buyer and/or debt collector engaged in the
business of filing consumer debt collection lawsuits in the Courts
of the State of Texas as the alleged assignee of original consumer
creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
BLUEBONNET FINANCIAL: Sued Over False Robo-Signed Affidavits
------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. BLUEBONNET FINANCIAL ASSETS LLC, the
Defendant, Case No. DC-16-08480 (D. Tex., July 15, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Bluebonnet Financial is a debt buyer and/or debt collector engaged
in the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
BOEHRINGER INGELHEIM: Faces 4 Lawsuits in Conn. Super Ct.
---------------------------------------------------------
Four class action lawsuits have been filed against Boehringer
Ingelheim Pharmaceuticals, Inc. and Boehringer Ingelheim
International GmbH, in Connecticut Superior Court, Hartford
Judicial District.
The lawsuits seek compensatory, consequential and punitive
damages, as a result of Defendants' reckless disregard for safety
of patients, to whom Pradaxa (TM) was promoted and sold for use,
and as a direct and proximate consequence of Defendants' reckless
disregard for patient safety, in violations of the Connecticut
Products Liability Act.
According to the complaints, the Defendants negligently designed
and formulated Pradaxa (TM) and its packaging, labeling,
prescribing information and patient medication guide which
rendered Pradaxa (TM) defective.
The Defendants were engaged in the business of designing,
licensing, manufacturing, distributing, selling, marketing, and/or
introducing into interstate commerce, either directly or
indirectly through third parties or related entities, the
prescription anticoagulant drug sold under the name Pradaxa (TM),
throughout the State of Connecticut. Pradaxa (TM) helps to prevent
platelets in blood from sticking together and forming a blood
clot.
The case are:
* Marjorie Grossbarth, and others similarly situated, the
Plaintiff, v. Boehringer Ingelheim Pharmaceuticals, Inc.; and
Boehringer Ingelheim International Gmbh, the Defendants.
Plaintiff's Counsel:
Neal L. Moskow, Esq.
URY & MOSKOW, LLC
833 Black Rock Turnpike
Fairfield, CT 06825
Telephone (203) 610 6393
Facsimile (203) 610 6399
E-mail: neal@urymoskow.com
- and -
Russell T. Abney, Esq.
FERRER, POIROT WANSBROUGH FELLER
DANIEL ABNEY & LINVILLE
2100 RiverEdge Parkway, Suite 720
Atlanta, GA 30328
Telephone: (800) 521 4492
Facsimile: (214) 526 6026
E-mail: rabney@lawyerworks.com
* Patricia Love, and others similarly situated, the Plaintiff, v.
Boehringer Ingelheim Pharmaceuticals, Inc.; and Boehringer
Ingelheim International Gmbh, the Defendants.
Plaintiff's Counsel:
Neal L. Moskow, Esq.
URY & MOSKOW, LLC
833 Black Rock Turnpike
Fairfield, CT 06825
Telephone (203) 610 6393
Facsimile (203) 610 6399
E-mail: neal@urymoskow.com
- and -
Russell T. Abney, Esq.
FERRER, POIROT WANSBROUGH FELLER
DANIEL ABNEY & LINVILLE
2100 RiverEdge Parkway, Suite 720
Atlanta, GA 30328
Telephone: (800) 521 4492
Facsimile: (214) 526 6026
E-mail: rabney@lawyerworks.com
* Joseph Marconi, Sr, and others similarly situated, the
Plaintiff, v. Boehringer Ingelheim Pharmaceuticals, Inc.; and
Boehringer Ingelheim International Gmbh, the Defendants.
Plaintiff's Counsel:
Neal L. Moskow, Esq.
URY & MOSKOW, LLC
833 Black Rock Turnpike
Fairfield, CT 06825
Telephone (203) 610 6393
Facsimile (203) 610 6399
E-mail: neal@urymoskow.com
- and -
Russell T. Abney, Esq.
FERRER, POIROT WANSBROUGH FELLER
DANIEL ABNEY & LINVILLE
2100 RiverEdge Parkway, Suite 720
Atlanta, GA 30328
Telephone: (800) 521 4492
Facsimile: (214) 526 6026
E-mail: rabney@lawyerworks.com
* Vivian Saylor, and others similarly situated, the Plaintiff, v.
Boehringer Ingelheim Pharmaceuticals, Inc.; and Boehringer
Ingelheim International Gmbh, the Defendants.
Plaintiff's Counsel:
Neal L. Moskow, Esq.
URY & MOSKOW, LLC
833 Black Rock Turnpike
Fairfield, CT 06825
Telephone (203) 610 6393
Facsimile (203) 610 6399
E-mail: neal@urymoskow.com
- and -
Russell T. Abney, Esq.
FERRER, POIROT WANSBROUGH FELLER
DANIEL ABNEY & LINVILLE
2100 RiverEdge Parkway, Suite 720
Atlanta, GA 30328
Telephone: (800) 521 4492
Facsimile: (214) 526 6026
E-mail: rabney@lawyerworks.com
BUTLER & HOSCH: "Regal" Suit Seeks Certification of Class
---------------------------------------------------------
The Plaintiffs in the class action lawsuit styled STEPHEN REGAL,
GIANNA HILLIS, and MATTHEW WILLIAMS, individually and on behalf of
all other similarly situated individuals, the Plaintiffs, v.
BUTLER & HOSCH, P.A., the Defendant, Case No. 0:15-cv-61081-BB
(S.D. Fla.), ask the court to certify a class:
"All former employees, excluding part-time employees, of
Butler & Hosch, P.A. who were terminated from their
employment at Butler & Hosch without receiving 60 days
written notice of a mass layoff before the date of
termination."
The Plaintiffs' claims arise under the Worker Adjustment and
Relocation Notice Act (WARN Act) and closely related breach of
contract claims. The Plaintiffs' WARN Act claims seek statutory
severance and other damages from the date of termination -- May
14, 2015 -- for a 60-day period going forward. The Plaintiffs'
breach of contract claims seek earned and unpaid compensation and
benefits for the three week period before May 14, 2015.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=6lkUOVru
The Plaintiff is represented by:
Gary M. Farmer, Jr., Esq.
Steven R. Jaffe, Esq.
Mark S. Fistos, Esq.
Seth M. Lehrman, Esq.
FARMER, JAFFE, WEISSING,
EDWARDS, FISTOS & LEHRMAN, P.L.
425 North Andrews Ave., Suite 2
Fort Lauderdale, FL 33301
Telephone: (954) 524 2820
Facsimile: (954) 524 2822
E-mail: gary@pathtojustice.com
steve@pathtojustice.com
mark@pathtojustice.com
seth@pathtojustice.com
- and -
Benjamin F. Johns, Esq.
Andrew W. Ferich, Esq.
CHIMICLES & TIKELLIS LLP
361 W. Lancaster Avenue
Haverford, PA 19041
Telephone: 610-642-8500
Facsimile: 610-649-3633
E-mail: bfj@chimicles.com
awf@chimicles.com
The Defendant is represented by:
Roy Scott Kobert, Esq.
Maureen Pateman, Esq.
GRAY ROBINSON, P.A.
301 E. Pine Street, Suite 1400
Orlando, FL 32802-2068
Telephone: (407) 843 8880
Facsimile: (407) 244 5690
E-mail: roy.kobert@gray-robinson.com
Maureen.pateman@gray-robinson.com
- and -
Fernando J. Menendez, Esq.
GRAY ROBINSON, P.A.
333 SE 2nd Avenue, Suite 3200
Miami, FL 33131
Telephone: (305) 416 6880
Facsimile: (305) 416 6887
E-mail: Fernando.menendez@gray-robinson.com
C&C SECURITY: "Gonzalez" Suit Seeks Unpaid Wages Under Labor Code
-----------------------------------------------------------------
JOSE G. GONZALEZ., an individual, on behalf of himself and others
similarly situated, the Plaintiff, v. C & C SECURITY PATROL, INC.;
and, DOES 1-50, Inclusive, the Defendants, Case No. RG16823463
(Cal. Super. Ct., July 15, 2016), seeks to recover unpaid wages
and/or overtime, meal period premiums, rest period premiums,
timely payment of wages, reimbursement of expenses, accurate
itemized wage statements, penalties, injunctive and other
equitable relief, and reasonable attorneys' fees and costs, under
the Labor Code.
The Defendants have had an alleged consistent policy of failing to
pay wages and/or overtime to all hourly employees for all work
performed at the proper rate of compensation. The Defendant
maintained a policy where it automatically deducted 30 minutes of
time for a meal period each day without determining whether an
employee took a meal period or not.
C & C Security is engaged in the security services business.
The Plaintiff is represented by:
Eric B. Kingsley, Esq.
Liane Katzenstein Ly, Esq.
Ari J. Stiller, Esq.
KINGSLEY & KINGSLEY, APC
16133 Ventura Blvd., Suite 1200
Encino, CA 91436
Telephone: (818) 990 8300
Facsimile: (818) 990 2903
CACH LLC: Sued in D. Tex. Over False Robo-Signed Affidavits
-----------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. CACH LLC, the Defendant, Case No. DC-
16-08484 (D. Tex., July 15, 2016), seeks equitable relief from
unlawful, void and fraudulent judgments rendered against consumers
in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
CACH is a debt buyer and/or debt collector engaged in the business
of filing consumer debt collection lawsuits in the Courts of the
State of Texas as the alleged assignee of original consumer
creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
CACV OF COLORADO: Sued in Tex. Over False Robo-Signed Affidavits
----------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. CACV OF COLORADO LLC, the Defendant,
Case No. DC-16-08494 (D. Tex., July 15, 2016), seeks equitable
relief from unlawful, void and fraudulent judgments rendered
against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
CACV is a debt buyer and/or debt collector engaged in the business
of filing consumer debt collection lawsuits in the Courts of the
State of Texas as the alleged assignee of original consumer
creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
CAVALRY INVESTMENTS: Sued Over False Robo-Signed Affidavits
-----------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. CAVALRY INVESTMENTS LLC, the
Defendant, Case No. DC-16-08488 (D. Tex., July 15, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Cavalry Investments is a debt buyer and/or debt collector engaged
in the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
CENTURION CAPITAL: Sued in Tex. Over False Robo-Signed Affidavits
-----------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. CENTURION CAPITAL CORP., the
Defendant, Case No. DC-16-08486 (D. Tex., July 15, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Centurion Capital is a debt buyer and/or debt collector engaged in
the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
CERASTES LLC: Sued in D. Tex. Over False Robo-Signed Affidavits
---------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. CERASTES LLC, the Defendant, Case No.
DC-16-08552 (D. Tex., July 18, 2016), seeks equitable relief from
unlawful, void and fraudulent judgments rendered against consumers
in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Cerastes is a debt buyer and/or debt collector engaged in the
business of filing consumer debt collection lawsuits in the Courts
of the State of Texas as the alleged assignee of original consumer
creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail.com
CHESAPEAKE EXPLORATION: Court Narrows Claims in Zehentbauer Suit
----------------------------------------------------------------
District Judge Benita Y. Pearson of the United States District
Court for the Northern District of Ohio granted Defendant's motion
to dismiss Counts II and IV of the Complaint in the case
captioned, ZEHENTBAUER FAMILY LAND LP, et al., Plaintiffs, v.
CHESAPEAKE EXPLORATION, LLC, et al., Defendants, Case No.
4:15CV2449 (N.D. Ohio.).
Plaintiffs filed a putative class action in the Columbiana County,
Ohio Court of Common Pleas, seeking compensation for damages they
and class members sustained when Defendants allegedly underpaid
royalties due under certain oil and gas leases. The four-count
Class Action Complaint alleges claims for:
breach of contract (Count One),
breach of contract -- implied covenants (Count Two),
breach of contract -- breach of express covenants
(Count Three), and
accounting (Count Four).
In their Complaint, Plaintiffs allege that Defendants breached the
terms of their oil and gas leases by deducting production and
post-production costs from royalties due to Plaintiffs and by
selling their oil products to affiliates at sub-market prices.
Defendants removed the case to the Court on November 30, 2015
pursuant to 28 U.S.C. Sections 1441and 1446, and based upon
diversity jurisdiction under 28 U.S.C. Sec. 1332(d), invoking the
Class Action Fairness Act of 2005 (CAFA).
In the motion, Defendant Total E&P USA, Inc.'s (TEPUSA) argues
that Count Two fails to state a claim because Plaintiffs
acknowledge, and affirmatively plead, that express covenants in
their leases govern the parties' conduct at issue. In addition, no
separate claim for breach of an implied duty of good faith exists
under Ohio law. In Count IV, TEPUSA argues that it fails because
there is no equitable right of accounting where, as here, there
are adequate remedies at law.
Plaintiffs filed a memorandum in opposition and argue that their
claims for breach of implied covenants (Count Two) are properly
pled in the alternative and they are due an equitable remedy
(Count Four) because Defendants did not properly issue itemized
deductions on their royalty payments.
In her Memorandum Opinion and Order dated July 19, 2016 available
at https://is.gd/s58ApQ from Leagle.com, Judge Pearson dismissed
Counts Two and Four of the Class Action Complaint as to
Plaintiffs' individual claims against Defendant Total E&P USA,
Inc., relating to Plaintiffs' individual interests in their leases
with TEPUSA.
Zehentbauer Family Land LP, et al. are represented by Gregory W.
Watts, Esq. Scott M. Zurakowski, Esq. Terry A. Moore, Esq. --
tmoore@kwgd.com -- and William G. Williams, Esq. -- KRUGLIAK,
WILKINS, GRIFFITHS & DOUGHERTY
Zehentbauer Family Land LP, et al. are also represented by:
Dennis E. Murray, Jr., Esq.
William H. Bartle, Esq.
MURRAY & MURRAY
111 East Shoreline Drive
Sandusky, Ohio 44870-2517
Tel: (419)624-3000
Chesapeake Exploration, L.L.C., et al. are represented by Daniel
T. Donovan, Esq. -- daniel.donovan@kirkland.com -- KIRKLAND &
ELLIS -- Jessica Knopp Cunning, Esq. -- jkcunning@vorys.com --
Peter A. Lusenhop, Esq. -- palusenhop@vorys.com -- and Timothy B.
McGranor, Esq. -- tbmcgranor@vorys.com -- VORYS, SATER, SEYMOUR &
PEASE -- Seamus C. Duffy, Esq. -- seamus.duffy@dbr.com -- and
William M. Connolly, Esq. -- william.connolly@dbr.com -- DRINKER
BIDDLE & REATH
CHESAPEAKE EXPLORATION: Court Denies Motion to Stay
---------------------------------------------------
District Judge Benita Y. Pearson of the United States District
Court for the Northern District of Ohio denied a motion to stay in
the case captioned, ZEHENTBAUER FAMILY LAND LP, et al.,
Plaintiffs, v. CHESAPEAKE EXPLORATION, LLC, et al., Defendants,
Case No. 4:15CV2449 (N.D. Ohio.).
Plaintiffs filed a putative class action in the Columbiana County,
Ohio Court of Common Pleas, seeking compensation for damages they
and class members sustained when Defendants allegedly underpaid
royalties due under certain oil and gas leases. The four-count
Class Action Complaint alleges claims for:
breach of contract (Count One),
breach of contract -- implied covenants (Count Two),
breach of contract -- breach of express covenants (Count
Three), and
accounting (Count Four).
In their Complaint, Plaintiffs allege that Defendants breached the
terms of their oil and gas leases by deducting production and
post-production costs from royalties due to Plaintiffs and by
selling their oil products to affiliates at sub-market prices.
In the motion, Defendants contend that a case currently pending in
the Northern District of Ohio before U.S. District Judge Sara
Lioi, Lutz v. Chesapeake Appalachia, L.L.C., No. 4:09CV2256 may
narrow the question presented in the instant case.
Plaintiffs filed a memorandum in opposition to the motion to stay
arguing that Ohio precedent views oil and gas leases as contracts
and that contract interpretation should be applied to these lease
terms and that Lutz involves a narrow interpretation of only one
particular contractual royalty provision and will have no impact
on the specific terms of the instant leases.
In her Memorandum Opinion and Order dated July 19, 2016 available
at https://is.gd/FmVNv0 from Leagle.com, Judge Pearson found that
further delay of the case at bar for the resolution of the
certified question in Lutz is unlikely to be fruitful.
Zehentbauer Family Land LP, et al. are represented by Gregory W.
Watts, Esq. Scott M. Zurakowski, Esq. Terry A. Moore, Esq. --
tmoore@kwgd.com -- and William G. Williams, Esq. -- KRUGLIAK,
WILKINS, GRIFFITHS & DOUGHERTY
They are also represented by:
Dennis E. Murray, Jr., Esq.
William H. Bartle, Esq.
MURRAY & MURRAY
111 East Shoreline Drive
Sandusky, OH 44870-2517
Tel: (419)624-3000
Chesapeake Exploration, L.L.C., et al. are represented by Daniel
T. Donovan, Esq. -- daniel.donovan@kirkland.com -- KIRKLAND &
ELLIS -- Jessica Knopp Cunning, Esq. -- jkcunning@vorys.com --
Peter A. Lusenhop, Esq. -- palusenhop@vorys.com -- and Timothy B.
McGranor, Esq. -- tbmcgranor@vorys.com -- VORYS, SATER, SEYMOUR &
PEASE -- Seamus C. Duffy, Esq. -- seamus.duffy@dbr.com -- and
William M. Connolly, Esq. -- william.connolly@dbr.com -- DRINKER
BIDDLE & REATH
COMMERCIAL RESEARCH: Sued Over False Robo-Signed Affidavits
-----------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. COMMERCIAL RESEARCH LLC, the
Defendant, Case No. DC-16-08526 (D. Tex., July 18, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Commercial Research is a debt buyer and/or debt collector engaged
in the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
CONVERGENT OUTSOURCING: Has Until Sept. 19 to Reply to Suit
-----------------------------------------------------------
The Hon. Rebecca R. Pallmeyer entered an order in the class action
lawsuit styled Deborah Ruppel, the Plaintiff, v. Convergent
Outsourcing, Inc., et al., Defendant, Case No. 1:16-cv-03553 (N.D.
Ill.), continuing Plaintiff's amended motion for class
certification for briefing.
According to the docket entry made by the Clerk on July 20, 2016,
the status hearing is held on July 20, 2016. The Defendant has
until September 19, 2016 to file a response. The ruling is set for
October 19, 2016 at 9:00 a.m. The Plaintiff's initial motion for
class certification is denied as moot.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=gtvhB3Gt
CROCS INC: 10th Cir. Affirms Dismissal of "Sanchez" Complaint
-------------------------------------------------------------
Circuit Judge Jerome A. Holmes of the Court of Appeals, Tenth
Circuit affirmed the district court's dismissal of Plaintiffs'
complaint in the case captioned, ANTONIO PEDRERA SANCHEZ; FERNANDO
PEDRERA SANCHEZ; HARVEY BABBITT; DANIEL J. LUNDBERG, Plaintiffs-
Appellants, v. CROCS, INC; RON SNYDER; PETER CASE; DELOITTE &
TOUCHE; RUSS HAMMER; SCOTT CRUTCHFIELD, Defendants-Appellees, and
MICHAEL C. MARGOLIS; JOHN P. MCCARVEL; RAYMOND D. CROGHAN; MICHAEL
E. MARKS; RICHARD L. SHARP; THOMAS J. SMACH, Consol Defendant-
Appellees, Case No. 11-1116 (10th Cir.).
Plaintiffs-Appellants Antonio Pedrera Sanchez, Fernando Pedrera
Sanchez, Harvey Babbitt, and Daniel J. Lundberg filed a putative
securities fraud class action complaint against Crocs Inc.,
several company officers (collectively, Crocs Defendants), and the
company's auditor, Deloitte & Touche, LLP (Deloitte), alleging
that various company reports fraudulently represented the value of
Crocs's inventory and the adequacy of its internal controls over
financial reporting.
The district court dismissed the complaint for failure to state a
claim, and Plaintiffs appealed. The National Roofing Industry
Pension Plan (National Roofing), which pursued a separate appeal
after the district court denied its motion for appointment as lead
plaintiff, filed a motion to dismiss Plaintiffs' appeal. While the
case was pending before our court, Plaintiffs reached a settlement
with the Crocs Defendants; thus Deloitte is the only remaining
defendant in this case. National Roofing also agreed to
voluntarily dismiss its own appeal in Case No. 11-1142 with
prejudice.
On appeal, Plaintiffs challenge the district court's dismissal of
their securities fraud claim against Deloitte. They argue that the
complaint adequately sets out the false and misleading statements
made by Deloitte in the 2006 and 2007 Form 10-Ks, and that their
allegations give rise to a strong inference of scienter against
Deloitte.
In his Order and Judgment dated July 19, 2016 available at
https://is.gd/wStLua from Leagle.com, Judge Jerome A. Holmes
concluded that the district court did not abuse its discretion in
denying leave to amend the complaint and that Plaintiffs have not
established a strong inference that Deloitte acted recklessly, and
consequently, their Sec. 10(b) claim fails.
DTC ENERGY: Faces "Fury" Suit Under FLSA, Ohio Wage Standards Act
-----------------------------------------------------------------
Gregory Fury, on behalf of himself, the proposed Rule 23 Class,
and all others similarly situated, V. DTC Energy Group, Inc. Case:
2:16-cv-00700-MHW-TPK (S.D. Ohio, July 18, 2016), , alleges
violations of the Ohio Minimum Fair Wage Standards Act and the
Fair Labor Standards Act.
DTC Energy Group, Inc. is an oilfield consulting firm.
The Plaintiff is represented by:
Jami S. Oliver, Esq.
OLIVER LAW OFFICE
132 Northwoods Blvd.
Columbus, OH 43235
Phone: 614-220-9100
E-mail: joliver@jamioliver.crom
- and -
Paul J. Lukas, Esq.
Robert L. Schug, Esq.
NICHOLS KASTER, PLLP
4600 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Phone: (612) 256-3200
E-mail: lukas@nka.com
schug@nka.com
DZILLA'S LLC: Faces "Barrera" Suit Alleging FLSA Violation
----------------------------------------------------------
ARMANDO RENE BARRERA, Individually and on behalf of all others
similarly situated v. DZILLA'S LLC d/b/a SCUTTLEBUTT'S SEAFOOD BAR
& GRILL and KIMBERLY PARLASCA, Case 2:16-cv-00300 (IN THE UNITED
STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS
CHRISTI DIVISION, July 18, 2016), seeks to recover compensation,
liquidated damages, attorneys' fees, and costs, pursuant to the
Fair Labor Standards Act.
The Plaintiff is represented by:
Clif Alexander, Esq.
Austin W. Anderson, Esq.
Lauren E. Braddy, Esq.
ANDERSON2X, PLLC
819 N. Upper Broadway
Corpus Christi, TX 78401
Phone: (361) 452-1279
Fax: (361) 452-1284
E-mail: clif@a2xlaw.com
austin@a2xlaw.com
lauren@a2xlaw.com
DODEKA LLC: Sued in D. Tex. Over False Robo-Signed Affidavits
-------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. DODEKA LLC, the Defendant, Case No.
DC-16-08548 (D. Tex., July 18, 2016), seeks equitable relief from
unlawful, void and fraudulent judgments rendered against consumers
in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Dodeka is a debt buyer and/or debt collector engaged in the
business of filing consumer debt collection lawsuits in the Courts
of the State of Texas as the alleged assignee of original consumer
creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
ECONO AUTO: "Green" Suit to Recover Overtime Pay
------------------------------------------------
Decarius Green, Robrecus Braxton, Andrew O. Williams, Jr. and
Montanna Taylor, individually, and on behalf of other current
and former similarly situated employees, Plaintiffs, v. Econo Auto
Painting of Nashville, Inc., Jody D. Damron, Richard Brown and
John Williams, individually, Defendants, Case No. 2:16-cv-02560
(W.D. Tenn., July 8, 2016), seeks recovery of unpaid minimum wages
and overtime compensation, liquidated damages and reasonable
attorney's fees, expenses and costs under the Fair Labor Standards
Act.
Econo owns and operates auto body and painting shops throughout
Tennessee, Memphis, Nashville, and Knoxville metro areas. It is
owned by Damron with Brown and Williams as managers.
Plaintiffs work as body repair personnel and claims to be denied
overtime pay for working off the clock and for not receiving wage
statements.
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
James L. Holt, Jr., Esq.
J. Russ Bryant, Esq.
Paula R. Jackson, Esq.
JACKSON, SHIELDS, YEISER & HOLT
262 German Oak Drive
Memphis, TN 38018
Tel: (901) 754-8001
Fax: (901) 759-1745
Email: gjackson@jsyc.com
jholt@jsyc.com
rbryant@jsyc.com
pjackson@jsyc.com
ELITE SERVICES: Sued in D. Tex. Over False Robo-Signed Affidavits
-----------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. ELITE SERVICES INC., the Defendant,
Case No. DC-16-08525 (D. Tex., July 18, 2016), seeks equitable
relief from unlawful, void and fraudulent judgments rendered
against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Elite Services is a debt buyer and/or debt collector engaged in
the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
EQUABLE ASCENT: Sued in D. Tex. Over False Robo-Signed Affidavits
-----------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. EQUABLE ASCENT LLC, the Defendant,
Case No. DC-16-08487 (D. Tex., July 15, 2016), seeks equitable
relief from unlawful, void and fraudulent judgments rendered
against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Equable Ascent is a debt buyer and/or debt collector engaged in
the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
EXTRA CHEESE: "Tejada" Suit Seeks Overtime Wages Under Labor Code
-----------------------------------------------------------------
JUAN TEJADA, on behalf of himself and all others similarly
situated, the Plaintiff, v. EXTRA CHEESE, LLC, a California
limited company; PJCA-1, LP, a California limited partnership; and
DOES 1-100, inclusive, the Defendants, Case No. BC627240 (Cal.
Super. Ct, July 15, 2016), seeks to recover overtime wages,
premium wages for missed meal and rest periods, penalties, and
reasonable attorney's fees and costs under California Labor Code.
The Plaintiff and similarly situated employees routinely work over
eight hours per day for 40 hours per week without being properly
compensated for the hours worked in excess of eight hours or forty
hours per week, says the complaint.
Extra Cheese (trade name Wendy's) is in the fast-food restaurant
chain business.
The Plaintiff is represented by:
David D. Bibiyan, Esq.
Mehrdad Bokhour, Esq.
BIBIYAN & BOKHOUR, PC
287 South Robertson Boulevard, Suite 303
Beverly Hills, CA 90211
Telephone: (310) 438 5555
Facsimile: (310) 300 1705
E-mail: david@tomorrowlaw.com
FIRST RESOLUTION: Sued in Tex. Over False Robo-Signed Affidavits
----------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. FIRST RESOLUTION INVESTMENT CORP, the
Defendant, Case No. DC-16-08500 (D. Tex., July 15, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
First Resolution is a debt buyer and/or debt collector engaged in
the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
FIRST SELECT CORP: Sued in Tex. Over False Robo-Signed Affidavits
-----------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. FIRST SELECT CORP., the Defendant,
Case No. DC-16-08489 (D. Tex., July 15, 2016), seeks equitable
relief from unlawful, void and fraudulent judgments rendered
against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
First Select is a debt buyer and/or debt collector engaged in the
business of filing consumer debt collection lawsuits in the Courts
of the State of Texas as the alleged assignee of original consumer
creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
FORESIGHT ENERGY: Must Defend Against "Carver" WARN Act Suit
------------------------------------------------------------
District Judge Sue E. Myerscough of the United States District
Court for the Central District of Illinois denied Defendants'
motions to dismiss and Plaintiffs' request for oral argument on
the motions in the case captioned, NICK CARVER, WADE JACOBS, DALE
BASIL, MIKE LEBETER, and ERIC WALLACE, individually and on behalf
of others similarly situated, Plaintiffs, v. FORESIGHT ENERGY LP,
MURRAY ENERGY CORPORATION, MURRAY AMERICAN COAL, INC, FORESIGHT
ENERGY GP LLC, FORESIGHT ENERGY LLC, FORESIGHT ENERGY SERVICES
LLC, PATTON MINING LLC, HILLSBORO ENERGY LLC, HILLSBORO ENERGY LLC
d/b/a DEER RUN MINE, MURRAY ENERGY HOLDINGS COMPANY, FORESIGHT
RESERVES LP, THE CLINE GROUP LLC, CHRISTOPHER CLINE, and DOE
DEFENDANTS 1B10 Defendants, Case No. 3:16-CV-3013 (C.D. Ill.).
The Deer Run Mine is a bituminous coal mine operated by the Murray
Energy Corporation; Murray American Coal, Inc.; and Murray Energy
Holdings Company (Defendants) in Hillsboro, Illinois. The Deer
Run Mine employed approximately 160 workers, including Plaintiffs.
In March 2016, Plaintiffs Nick Carver, Wade Jacobs, Dale Basil,
Mike Lebeter, and Eric Wallace, on behalf of themselves and on
behalf of a class of similarly situated individuals, filed a First
Amended Complaint against Defendants. Plaintiffs allege that
Defendants violated the Worker Adjustment and Retraining
Notification Act of 1988 (WARN Act) by failing to give 60 days'
notice of their employment loss or the closing of the Deer Run
Mine.
In the motion, Defendants argue that Plaintiffs' First Amended
Complaint establishes that 60 days' notice under WARN Act was
excused for the closure of the Deer Run Mine under the Act's
natural disaster exception because the combustion events which led
to the closure qualify as a natural disaster. Plaintiffs filed a
memorandum in opposition (d/e 27), arguing that WARN Act exception
determinations are an inappropriate basis for dismissal and that
the Amended Complaint alleges that the combustion events did not
constitute a natural disaster.
In her Opinion dated July 12, 2016 available at
https://is.gd/bJEE0v from Leagle.com, Judge Myerscough concluded
that Plaintiffs have stated a claim for relief and do not allege
facts which unambiguously establish that the natural disaster
exception to the Act applies because Plaintiffs allege all of the
required elements for a claim under the WARN Act. Plaintiffs'
Request for Oral Argument is also denied.
Nick Carver, et al are represented by Brandon Michael Wise, Esq. -
- brandon.wise@thewisefirm.com -- THE WISE FIRM LLC
Murray Energy Corporation, et al are represented by Robert Lance
Witcher, Esq. -- lance.withcer@ogletreedeakins.com -- Joseph
Thomas Charron, Jr., Esq. -- joseph.charron@ogletreedeakins.com
-- and Sarah J. Kuehnel, Esq. -- sarah.kuehnel@ogletreedeakins.com
-- OGLETREE DEAKINS NASH SMOAK & STEWART PC
Foresight Energy GP LLC, et al. are represented by Henry
Pietrkowski, Esq. -- hpietrkowski@reedsmith.com -- REED SMITH LLP
FREMONT AUTOMOBILE: "Prasad" Sues Over Shady Vehicle Sale
---------------------------------------------------------
Anu Prasad, individually, and, on behalf of all others similarly
situated, Plaintiff, v. Fremont Automobile Dealership, LLC, an
active California limited liability company, dba Fremont Toyota,
Credit Acceptance Corporation, an active California corporation,
Toyota Motor Credit Corporation, an active California corporation,
and DOES 1 through 500, inclusive, Defendants, Case No. RG16822686
(E.D. Mich., July 11, 2016), seeks preliminary and permanent
injunction, actual damages, statutory damages and penalties,
reasonable attorney's fees and costs, for violation of the
Rosenthal Fair Debt Collection Practices Act and the Fair Debt
Collection Practices Act.
Plaintiff alleges questionable terms and conditions in the
purchase of a vehicle.
Fremont Automobile Dealership, LLC, operating as Fremont Toyota is
a car dealer while Credit Acceptance Corporation, Toyota Motor
Credit Corporation are financing companies.
Plaintiff is represented by:
Louis A. Liberty
LOUIS LIBERTY & ASSOCIATES PLC
553 Pilgrim Drive, Suite A
Foster City, CA 94404
Tel: (650) 341-0300
Fax: (650)403-1783
Email: lou@carlawyer.com
GEARXS INC: "Cohen" Sues Over False Advertising
-----------------------------------------------
Avrohom Cohen, on behalf of himself and all others similarly
situated, Plaintiff, v. Gearxs, Inc., Defendant, Case No.
CV16865980 (Ohio Com. Pleas, July 11, 2016), seeks restitution and
disgorgement of all illegally obtained amounts, interest,
recoverable compensatory and other damages, actual and/or
statutory damages, statutory pre-judgment and post-judgment
interest, reasonable attorneys' fees and costs and such other
relief for violation of the Ohio Consumer Sales Practices Act.
Plaintiff accuses Defendant of advertising, labelling and selling
synthetic rayon masquerading as natural bamboo fabric.
Defendant is a multi-product supplier on eBay with business
address at 105 E. Oakton St., Unit A Des Plains, IL 60018.
Plaintiff is represented by:
Mark Schlachet, Esq.
3515 Severn Road
Cleveland, OH 44118
xTelephone: (216) 225-7559
Facsimile: (216) 932-5390
Email: markschlachet@me.com
GEORGIA RECEIVABLES: Sued Over False Robo-Signed Affidavits
-----------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. GEORGIA RECEIVABLES INC, the
Defendant, Case No. DC-16-08490 (D. Tex., July 15, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Georgia Receivables is a debt buyer and/or debt collector engaged
in the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail.com
GLAXOSMITHKLINE LLC: Oct. 11 Case Management Conference Set
-----------------------------------------------------------
District Judge Claudia Wilken ordered that a Case Management
Conference shall be held on October 11, 2016, in the case of
KRISTIN JONES, et al., Plaintiffs, v. GLAXOSMITHKLINE LLC, et al.,
Defendants, Case No. 16-cv-03840-CW (N.D. Calif.). A copy of the
Court's Order dated July 19, 2016, is available at
http://goo.gl/PtfH7Pfrom Leagle.com.
Pursuant to Civil L.R. 16-9(a), parties are required to file a
joint Case Management Statement, not less than seven days prior to
the conference, addressing each of the items listed in the
"Standing Order for All Judges of the Northern District of
California" as attached in the Order.
Removing Defendant is directed to serve a copy of the Order at
once on all parties to this action in accordance with the
provisions of Rule 5 of the Federal Rules of Civil Procedure.
Following the service, the party causing the service shall file a
certificate of service with the Clerk of Court.
Kristin Jones, et al., Plaintiffs, represented by Joseph W.
Carcione, Jr., Law Offices of Joseph W. Carcione, Jr., Joshua
James Kim Henderson, Law Offices of Joseph W. Carcione, Jr., APC &
Joshua Seth Markowitz, Law Offices of Joseph W. Carcione, Jr. APC.
GlaxoSmithKline LLC, Defendant, represented by Amir M. Nassihi --
anassihi@shb.com -- Shook Hardy & Bacon L.L.P. & G. Gregg Webb --
gwebb@shb.com -- Shook Hardy & Bacon LLP.
GLOBAL ACCEPTANCE: Sued Over False Robo-Signed Affidavits
---------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. GLOBAL ACCEPTANCE COMPANY, the
Defendant, Case No. DC-16-08521 (D. Tex., July 18, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Global Acceptance is a debt buyer and/or debt collector engaged in
the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail.com
GLOBAL ACCEPTANCE CREDIT: Sued Over False Robo-Signed Affidavits
----------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. GLOBAL ACCEPTANCE CREDIT CO. LP, the
Defendant, Case No. DC-16-08527 (D. Tex., July 18, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Global Acceptance is a debt buyer and/or debt collector engaged in
the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
HARVEST CREDIT: Sued in D. Tex. Over False Robo-Signed Affidavits
-----------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. HARVEST CREDIT MANAGEMENT LLC, the
Defendant, Case No. DC-16-08501 (D. Tex., July 18, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Harvest Credit is a debt buyer and/or debt collector engaged in
the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
HCL AMERICA: "Wardle" Suit Seeks Damages & OT Pay Under FLSA
-------------------------------------------------------------
TYRONE WARDLE and all others similarly situated, the Plaintiff, v.
HCL AMERICA, INC., the Defendant, Case No. 4:16-cv-00524 (E.D.
Tex., July 15, 2016), seeks to recover double damages and
reasonable attorney fees from Defendant, pursuant to the Fair
Labor Standards Act (FLSA), to be proven at the time of trial, for
all overtime wages still owing from Plaintiff's entire employment
period with Defendant, or as much as allowed by the FLSA along
with court costs, interest, and any other relief that the Court
finds reasonable under the circumstances.
The Plaintiff worked approximately 46 hours per week on weeks when
Plaintiff worked in excess of 40 hours per week and was paid
approximately $19.50 per hour, but Plaintiff was not paid the
extra halftime overtime rate for hours worked in excess of 40
hours in a week as required by the FLSA.
HCL America provides consulting and information technology
services in North America.
The Plaintiff is represented by:
URQUIDEZ LAW FIRM, LLC
Thomas J. Urquidez, Esq.
5440 Harvest Hill, Suite 145E
Dallas, TX 75230
Telephone: (214) 420 3366
Facsimile: (214) 206 9802
E-mail: tom@tru-legal.com
urquidezlawfirm@gmail.com
HILCO RECEIVABLES: Sued in Tex. Over False Robo-Signed Affidavits
-----------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. HILCO RECEIVABLES LLC, the Defendant,
Case No. DC-16-08538 (D. Tex., July 18, 2016), seeks equitable
relief from unlawful, void and fraudulent judgments rendered
against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Hilco Receivables is a debt buyer and/or debt collector engaged in
the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
HOMELAND SECURITY: TSA Workers' Suit Has Class Certification
------------------------------------------------------------
District Judge Jon S. Tigar of the United States District Court
for the Northern District of California granted Plaintiffs' motion
to approve notice of collective actions and to conditionally
certify a class in the case captioned, K.H., et al., Plaintiffs,
v. SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, Defendant,
Case No. 15-CV-02740-JST (N.D. Cal.).
Plaintiff K.H. filed the action against Defendant Secretary of the
Department of Homeland Security (DHS), on June 18, 2015.
Plaintiffs K.H., C.V., W.L., and J.M. (Plaintiffs K.H., et al.)
are over 40 years of age and are Federal Air Marshals (FAMs).
Plaintiffs are employed by the Transportation Security
Administration (TSA), an agency within the Department of Homeland
Security. Plaintiffs Jeffrey Boyer, Brian Pierog, Donna Baxter,
Karnel McMahan, Richard DeVivo, Gary McConaghy, and Kristen
Pavkovich (Plaintiffs Boyer, et. al.) are over 40 years of age and
were FAMs in the Federal Air Marshal Service's (FAMS) Pittsburgh
Field Office.
Plaintiff K.H. filed an Equal Employment Opportunity (EEO)
complaint on July 22, 2014. One month later, Plaintiff filed an
amended EEO complaint. The Equal Employment Opportunity Commission
took no action on Plaintiff's complaints within the 180-day
requirement. Plaintiff K.H. filed this claim for relief against
the DHS for age discrimination on June 18, 2015, under the Age
Discrimination in Employment Act (ADEA). Defendant filed a motion
to dismiss and/or strike Plaintiff's Complaint on September 4,
2015. The Court granted in part and denied in part Defendant's
motion. Plaintiffs filed their operative FAC on January 15, 2016.
DHS filed a second motion to dismiss on February 5, 2016. The
motion was granted in part and denied in part on April 26, 2016.
Plaintiffs filed the motion to approve notice and to conditionally
certify the class on April 15, 2016. Plaintiffs assert that
conditional certification is appropriate in light of their
allegations that the putative class members "(1) are FAMs employed
by Defendant; (2) performed the same duties; (3) worked in the
Cincinnati, Cleveland, Phoenix, Pittsburgh, San Diego, or Tampa
Field Office; and (4) were subjected to the FAMS' decision to
close their respective Field Offices." DHS does not oppose
conditional certification.
In his Order dated July 12, 2016 available at https://is.gd/8duD22
from Leagle.com, Judge Tigar concluded that Plaintiffs have
offered substantial allegations that the putative class members
were all harmed by a policy or decision that resulted in the
closing of the TSA offices at which they worked and that
conditional certification and approval of the proposed notice are
both appropriate.
Case Management Conference is scheduled for January 18, 2017, at
2:00 p.m. and a Joint Case Management Statement is due January 9,
2017.
K.H., et al. are represented by Nicholas Michael Wieczorek, Esq.
-- nwieczorek@mpplaw.com -- and Jeremy J. Thompson, Esq. --
jthompson@mpplaw.com -- MORRIS POLICH & PURDY LLP -- Ernest B.
Orsatti, Esq. -- eborsatti@rothmangordon.com -- ROTHMAN GORDON,
P.C.
Secretary of the Department of Homeland Security is represented
by:
Wendy M. Garbers, Esq.
UNITED STATES ATTORNEY'S OFFICE
950 Pennsylvania Avenue, NW, Room 2242
Washington, DC 20530-0001
Tel: (202) 514-2000
HOMELAND SECURITY: Court Tosses Class Cert. Bid in "Slater"
-----------------------------------------------------------
The Hon. Percy Anderson granted Defendants' motion to dismiss the
lawsuit styled Colister Slater v. Leonard Patterson, et al., Case
No. 5:16-cv-00519-PA-KK (C.D. Cal.), and denied Plaintiff's Motion
to Certify Class.
In their motion to dismiss, the Defendants contend that the Court
lacks jurisdiction over this action pursuant to the terms of the
Civil Service Reform Act (CSRA) because it should have been filed
in the Federal Circuit and is untimely.
Plaintiff is a police officer employed by the Federal Protective
Service in a category 083 police officer position.
Defendants are Leonard Patterson, Suzann Pauling, Jeh Johnson, and
the United States Department of Homeland Security.
A copy of the Civil Minutes is available at no charge at
http://d.classactionreporternewsletter.com/u?f=7OX2ZTIT
HONEYWELL INTERNATIONAL: Faces Healthcare Retirees Suit in Ohio
---------------------------------------------------------------
BARBARA FLETCHER, TIMOTHY PHILPOT, MARCIA FINK, AND LUCINDA SMITH,
for themselves and others similarly-situated, v. HONEYWELL
INTERNATIONAL INC., Case: 3:16-cv-00302-WHR (S.D. Ohio, July 18,
2016), was filed on behalf of proposed class members who will be
allegedly injured and deprived of promised retiree healthcare if
Honeywell terminates retiree healthcare on January 1, 2017.
Honeywell International, Inc. is a diversified technology and
manufacturing company.
The Plaintiffs are represented by:
William Wertheimer, Esq.
LAW OFFICE OF WILLIAM WERTHEIMER
30515 Timberbrook Lane
Bingham Farms, MI 48025
Phone: 248-644-9200
E-mail: billwertheimer@gmail.com
- and -
Stuart M. Israel, Esq.
John G. Adam, Esq.
LEGGHIO & ISRAEL, P.C.
306 South Washington, Suite 600
Royal Oak, MI 48067
Phone: 248- 398-5900
E-mail: israel@legghioisrael.com
jga@legghioisrael.com
HOOTERS OF AMERICA: Faces "Berry" Suit Alleging Violation of FLSA
-----------------------------------------------------------------
DESEAN BERRY a/k/a SEAN BERRY, Individually and on Behalf of All
Other Persons Similarly Situated, v. HOOTERS OF AMERICA, LLC, HOA
SYSTEMS, LLC. and HI LIMITED PARTNERSHIP, Case 1:16-cv-02591-RWS
(N.D. Ga., July 18, 2016), seeks all available relief under the
Fair Labor Standards Act.
Defendants are Atlanta-based chain and operator of casual beach-
themed restaurants in the bar and grill segment of the casual
dining industry.
The Plaintiff is represented by:
Andrew C. Head, Esq.
Jerilyn E. Gardner, Esq.
HEAD LAW FIRM, LLC
1170 Howell Mill Rd., NW, Suite 305
Atlanta, GA 30318
Phone: (404) 924-4151
Fax: (404) 796-7338
E-mail: ahead@headlawfirm.com
jgardner@headlawfirm.com
- and -
Seth R. Lesser, Esq.
Fran L. Rudich, Esq.
Michael H. Reed, Esq.
KLAFTER OLSEN & LESSER LLP
Two International Drive, Suite 350
Rye Brook, NY 10573
Phone: (914) 934-9200
Fax: (914) 934-9220
- and -
Gregg I. Shavitz, Esq.
Paolo C. Meireles, Esq.
SHAVITZ LAW GROUP, P.A.
1515 South Federal Highway, Suite 404
Boca Raton, FL 33432
Phone: (561) 447-8888
Fax: (561) 447-8831
HUB GROUP: "Lubinski" Suit to Recover Unpaid Wages, Reimbursements
------------------------------------------------------------------
Christian Lubinski, individually and on behalf of all others
similarly situated, Plaintiff, v. Hub Group Trucking, Inc., Fikia
Comtrak Logistics, Inc., Defendant, Case No. 2016-CH-09064 (Ill.
Cir., July 11, 2016), seeks to recover unpaid wages, restitution
for all deductions taken, unreimbursed business-related operating
expenses, prejudgment interest, attorney's fees and costs and any
other relief pursuant to the Illinois Wage Payment and Collection
Act.
Hub Group Trucking, Inc. is a subsidiary of Hub Group, Inc., a
comprehensive intermodal, highway and logistics services
throughout the United States, Canada and Mexico. Plaintiff worked
as a delivery driver.
The Plaintiff is represented by:
Alejandro Caffarelli, Esq.
Lorrie T. Peeters, Esq.
Madeline K. Engel, Esq.
CAFFARELLI & ASSOCIATES LTD.
224 N. Michigan Ave., Ste. 300
Chicago, IL 60604
INTELLICURE INC: Bid for Class Certification in "Holt" Denied
-------------------------------------------------------------
The Hon. Thomas M. Durkin entered an order in the class action
lawsuit styled Holt Healthcare Management Services, Inc., the
Plaintiff, v. Intellicure, Inc., the Defendant, Case No. 1:16-cv-
07281 (N.D. Ill.), denying Plaintiff's motion to certify a class
as moot, as an amended motion to certify class has been filed,
according to the docket entry made by the Clerk on July 21, 2016.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=lF4KXIAN
INVESTMENT RETRIEVERS: Sued Over False Robo-Signed Affidavits
-------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. INVESTMENT RETRIEVERS INC., the
Defendant, Case No. DC-16-08531 (D. Tex., July 18, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Investment Retrievers is a debt buyer and/or debt collector
engaged in the business of filing consumer debt collection
lawsuits in the Courts of the State of Texas as the alleged
assignee of original consumer creditors and/or successors in
interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
JEFFERSON CAPITAL: Sued in Tex. Over False Robo-Signed Affidavits
-----------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. JEFFERSON CAPITAL SYSTEMS LLC, the
Defendant, Case No. DC-16-08506 (D. Tex., July 18, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Jefferson Capital is a debt buyer and/or debt collector engaged in
the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
JOHN HERTLER: Faces Suit Claiming FLSA, NY Labor Law Violations
---------------------------------------------------------------
BONFACIO LUNA and DAVID BERRIOS, On behalf of themselves and
others similarly situated, v. JOHN HERTLER STABLES INC., JOHN
HERTLER in his individual capacities, Case 2:16-cv-03976-SJF-SIL
(E.D.N.Y., July 18, 2016), alleges violation of the Fair Labor
Standards Act and the New York Labor Law.
John Hertler Stables Inc. runs thoroughbred stables.
The Plaintiff is represented by:
Delvis Melendez, Esq.
LAW OFFICE OF DELVIS MELENDEZ
90 BRADLEY STREET
BRENTWOOD, NY, 11717
Phone: (631) 434-1443
Fax: (631) 434-1443
KANSAS CITY ROYALS: Class Cert. Bid in "Senne" Suit Denied
----------------------------------------------------------
The Hon. Joseph C. Spero entered an order in the class action
lawsuit styled AARON SENNE, et al., the Plaintiffs, v. KANSAS CITY
ROYALS BASEBALL CORP., et al., the Defendants, Case No. 3:14-cv-
00608-JCS (N.D. Cal.), denying Plaintiffs' motion for class
certification.
The Court (i) granted Defendants' motion to decertify the Fair
Labor Standards Act Collective, and (ii) granted a motion to
exclude Plaintiffs' expert declarations and testimony of J.
Michael Dennis, Ph.D and Brian Kriegler, Ph.D filed in support of
Plaintiffs' motion for class certification.
The class in the case was defined as:
"All minor league baseball players employed by MLB or any
MLB franchise under the Minor League Uniform Player
Contract who worked or work as minor league players at any
time since February 7, 2011, but who had no service time in
the major leagues at the time of performing work as a minor
leaguer."
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=bp4hoKgs
LOS ANGELES, CA: DWP Faces Racial Discrimination Class Action
-------------------------------------------------------------
JAMES LOVE, the Plaintiff, v. CITY OF LOS ANGELES - DEPT. OF
WATER AND POWER, a municipal utility agency; and DOES 1-50,
inclusive, the Defendants, Case No. BC627512 (Cal. Super. Ct.,
July 18, 2016), seeks to recover monetary relief as a result of
Dfendant's failure to take reasonable steps to prevent harassment,
discrimination, and/or retaliation which allegedly resulted in
damage and injury to the Plaintiff, in violation of California
Government Code.
The Plaintiff was allegedly subjected to harassment because he is
and was an African-American male. The Plaintiff is informed,
believes, and alleges that DWP has taken no remedial or corrective
measures in response to the complaint made against Fernando Torres
concerning him making racially disparaging remarks directed at
Plaintiff.
The Los Angeles Department of Water and Power is the largest
municipal utility in the United States, serving over four million
residents. It was founded in 1902 to supply water to residents and
businesses in Los Angeles and surrounding communities.
The Plaintiff is represented by:
Gary R. Carlin, Esq.
Brent S. Buchsbaum, Esq.
Laurel N. Haag, Esq.
Sujith Divakaran, Esq.
LAW OFFICES OF CARLIN
& BUCHSBAUM, LLP
555 East Ocean Blvd., Suite 818
LongBeach, CA 90802
Telephone: (562) 432 8933
Facsimile: (562) 435 1656
E-mail: gary@carlinbuchsbaum.com
brent@carlinbuchsbaum.com
laurel@carlinbuchsbaum.com
sujith@carlinbuchsbaum.com
LVNV FUNDING: Sued in D. Tex. Over False Robo-Signed Affidavits
--------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. LVNV FUNDING LLC, the Defendant, Case
No. DC-16-08503 (D. Tex., July 18, 2016), seeks equitable relief
from unlawful, void and fraudulent judgments rendered against
consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
LVNV is a debt buyer and/or debt collector engaged in the business
of filing consumer debt collection lawsuits in the Courts of the
State of Texas as the alleged assignee of original consumer
creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
MAYNE PHARMA: Class Cert. Bid in Glen Ellyn Pharmacy Suit Denied
----------------------------------------------------------------
The Hon. Samuel Der-Yeghiayan entered an order in the class action
lawsuit styled Glen Ellyn Pharmacy, Inc., the Plaintiff, v. Mayne
Pharma, Inc., et al., the Defendant, Case No. 1:16-cv-06654 (N.D.
Ill.), striking Plaintiff's motion to certify class without
prejudice to reinstate or file a new one, according to the docket
entry made by the Clerk on July 21, 2016.
The Plaintiff has preserved its right. The Defendant's motion for
extension of time to answer or otherwise plead is granted and set
for August 18, 2016. The initial status hearing is set for August
25, 2016 at 9:00 a.m.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=RfvbJOgl
MAYNE PHARMA: Glen Ellyn Pharmacy Files Amended Class Cert. Bid
---------------------------------------------------------------
The Plaintiff in the class action lawsuit styled GLEN ELLYN
PHARMACY, INC., on behalf of plaintiff and the class members, the
Plaintiff, v. MAYNE PHARMA, INC., and JOHN DOES 1-10, the
Defendants, Case No. 1:16-cv-06654 (N.D. Ill.), filed an amended
motion, asking the court to certify a class:
For purposes of Count I, alleging violation of the Telephone
Consumer Protection Act;
"(a) all persons with Illinois fax numbers (b) who, on or
after a date four years prior to the filing of this action,
(c) were sent faxes by or on behalf of defendant Mayne
Pharma, Inc., promoting its goods or services for sale (d)
which did not contain a compliant opt out notice."
For purposes of Count II, alleging violation of the Illinois
Consumer Fraud Act;
"(a) all persons with Illinois fax numbers (b) who, on or
after a date three years prior to the filing of this
action, (c) were sent faxes by or on behalf of defendant
Mayne Pharma, Inc., promoting its goods or services for
sale (d) which did not contain a compliant opt out notice."
For purposes of Count III, alleging conversion, Count IV, alleging
nuisance, and Count V, alleging trespass to chattels;
"(a) all persons with Illinois fax numbers (b) who, on or
after a date five years prior to the filing of this action,
(c) were sent faxes by or on behalf of defendant Mayne
Pharma, Inc., promoting its goods or services for sale (d)
which did not contain a compliant opt out notice."
The Plaintiff further requests that it be appointed class
representative and that Edelman, Combs, Latturner & Goodwin, LLC
be appointed counsel for the class.
The Amended Class Certification was filed after the Court entered
an order striking Plaintiff's motion to certify class, without
prejudice to reinstate or file a new one.
A copy of the Amended Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=0UXHU6zO
The Plaintiff is represented by:
Daniel A. Edelman, Esq.
Cathleen M. Combs, Esq.
James O. Latturner, Esq.
Dulijaza Clark, Esq.
EDELMAN, COMBS,
LATTURNER & GOODWIN, LLC
20 South Clark Street, Suite 1500
Chicago, IL 60603
Telephone: (312) 739 4200
Facsimile: (312) 419 0379
MDL 2562: Lopez Appeals Order Approving $32MM Settlement
--------------------------------------------------------
Class Member/Objector Paul Lopez filed an appeal from the Final
Order and Judgment, and the Findings of Fact, Conclusions of Law,
and Order Awarding Fees and Costs both entered on June 16, 2016,
in the multidistrict litigation titled In re: Blue Buffalo
Company, Ltd., Marketing and Sales Practices Litigation, MDL No.
4:14-md-02562-RWS, in the U.S. District Court for the Eastern
District of Missouri - St. Louis.
The appellate case is captioned as Alexia Keil, et al. v. Paul
Lopez, Case No. 16-3159, in the United States Court of Appeals for
the Eighth Circuit.
In the June 16 Final Order and Judgment, District Judge Rodney W.
Sippel gave final approval to the parties' settlement agreement
and certified this Settlement Class solely for purposes of the
Settlement:
All residents of the United States of America who, from
May 7, 2008 through the Preliminary Approval Date, purchased
any of the Blue Buffalo Products [listed on Ex. 1 to the
Settlement Agreement].
Judge Sippel noted that Blue Buffalo has already deposited $32
million into the Settlement Fund. The Court also approved an
incentive award to each named Plaintiff in the amount of $1,500.
Under the Settlement, Blue Buffalo has agreed to pay incentive
awards to the named plaintiffs separate from, and in addition to,
the $32 million common fund.
The actions in the litigation primarily involve allegations by
consumers that Blue Buffalo made false and misleading
representations about the ingredients in its pet food products, as
allegedly indicated by laboratory testing commissioned by the
Nestle Purina PetCare Company.
Plaintiffs-Appellees Alexia Keil and Rachael D. Stone are
represented by:
Timothy M. Cronin, Esq.
Ryan A. Keane, Esq.
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: tcronin@simonlawpc.com
jsimon@simonlawpc.com
Plaintiff-Appellee Rachael D. Stone is represented by:
Sean K. Cronin, Esq.
DONOVAN ROSE NESTER, P.C.
201 S. Illinois Street
Belleville, IL 62220
Telephone: (618) 212-6500
Facsimile: (618) 212-6501
E-mail: scronin@drnpc.com
Plaintiff-Appellee Nick Hutchison is represented by:
Stephen Frank Gaunt, Esq.
STEELMAN, GAUNT & HORSEFIELD, ATTORNEYS AT LAW
901 Pine Street
P.O. Box 1257
Rolla, MO 65402
Telephone: (573) 341-8336
Facsimile: (573) 341-8548
E-mail: sgaunt@steelmanandgaunt.com
- and -
Scott Adam Kamber, Esq.
WECHSLER & HARWOOD
488 Madison Avenue
New York, NY 10022-0000
Telephone: (212) 935-7400
E-mail: skamber@kamberlaw.com
- and -
Deborah Kravitz, Esq.
KAMBERLAW, LLP
401 Center Street, Suite 111
Healdsburg, CA 95448
Telephone: (707) 820-4247
E-mail: dkravitz@kamberlaw.com
- and -
David Parisi, Esq.
PARISI & HAVENS LLP
212 Marine Street, Suite 100
Santa Monica, CA 90405
Telephone: (818) 990-1299
Facsimile: (818) 501-7852
E-mail: dcparisi@parisihavens.com
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
- and -
Jeremy Reade Wilson, Esq.
COREA FIRM
2028 Sarrington Street
Dallas, TX 75207
Telephone: (214) 953-3900
E-mail: jwilson@corealaw.com
Plaintiff-Appellee Jason Davis is represented by:
Stephen Frank Gaunt, Esq.
David L. Steelman, Esq.
STEELMAN, GAUNT & HORSEFIELD, ATTORNEYS AT LAW
901 Pine Street
P.O. Box 1257
Rolla, MO 65402
Telephone: (573) 341-8336
Facsimile: (573) 341-8548
E-mail: sgaunt@steelmanandgaunt.com
dsteelman@steelmanandgaunt.com
- and -
David Parisi, Esq.
PARISI & HAVENS LLP
212 Marine Street, Suite 100
Santa Monica, CA 90405
Telephone: (818) 990-1299
Facsimile: (818) 501-7852
E-mail: dcparisi@parisihavens.com
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiff-Appellee Maja Mackenzie is represented by:
Joshua Eggnatz, Esq.
EGGNATZ LAW FIRM
5400 S. University Drive, Suite 413
Davie, FL 33328
Telephone: (954) 889-3359
Facsimile: (954) 889-5913
Business: 954-889-3359
E-mail: JEggnatz@ElpLawyers.com
- and -
David B. Helms, Esq.
Sarah A. Milunski, Esq.
Richard B. Walsh, Jr., Esq.
LEWIS RICE LLC
600 Washington Avenue, Suite 2500
Saint Louis, MO 63101
Telephone: (314) 444-7600
E-mail: smilunski@lewisrice.com
rwalsh@lewisrice.com
- and -
Michael Reese, Esq.
REESE LLP
16th Floor
100 W. 93rd Street
New York, NY 10001
Telephone: (212) 643-0500
Facsimile: (212) 253-4272
E-mail: michael@reesellp.com
- and -
Howard Weil Rubinstein, Esq.
LAW OFFICES OF HOWARD W. RUBINSTEIN, P.A.
1615 Forum Place, Suite 4C
West Palm Beach, FL 33401
Telephone: (832) 715-2788
Facsimile: (561) 688-0630
E-mail: howardr@pdq.net
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiffs-Appellees Brian Andacky and Melissa Baggett are
represented by:
Scott Bursor, Esq.
Neal J. Deckant, Esq.
Frederick John Klorczyk, Esq.
Yitzchak Kopel, Esq.
Joseph Ignatius Marchese, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Telephone: (646) 837-7129
E-mail: scott@bursor.com
ndeckant@bursor.com
fklorczyk@bursor.com
ykopel@bursor.com
jmarchese@bursor.com
- and -
Don Manley Downing, Esq.
GRAY, RITTER & GRAHAM, P.C.
701 Market Street, Eighth Floor
Saint Louis, MO 63101-0000
Telephone: (314) 732-0728
Facsimile: (314) 241-4140
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiff-Appellee David Delre is represented by:
Adam R. Gonnelli, Esq.
Antonio Vozzolo, Esq.
FARUQI & FARUQI, LLP
320 E. 39th Street
New York, NY 10016
Telephone: (212) 983-9330
Facsimile: (212) 983-9331
E-mail: agonnelli@faruqilaw.com
avozzolo@faruqilaw.com
- and -
Karen Leser-Grenon, Esq.
James E. Miller, Esq.
Laurie Rubinow, Esq.
SHEPHERD, FINKELMAN, MILLER & SHAH, LLP
65 Main Street
Chester, CT 06412
Telephone: (860) 526-1100
E-mail: kleser@sfmslaw.com
jmiller@sfmslaw.com
lrubinow@sfmslaw.com
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiffs-Appellees Christopher Renna and Kimberly Lemon are
represented by:
Patrick A. Klingman, Esq.
KLINGMAN LAW, LLC
196 Trumbull Street, Suite 510
Hartford, CT 06103
Telephone: (860) 256-6120
E-mail: pak@klingmanlaw.com
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiff-Appellee Christopher Renna is represented by:
Brian Penny, Esq.
GOLDMAN & EHRLICH
19 South LaSalle Street
Chicago, IL 60603
Telephone: (484) 342-0700
E-mail: penny@lawgsp.com
Plaintiff-Appellee Joshua Teperson is represented by:
Todd D. Carpenter, Esq.
CARPENTER LAW GROUP
402 West Broadway
San Diego, CA 92101
Telephone: (619) 756-6994
Facsimile: (619) 756-6991
E-mail: todd@carpenterlawyers.com
- and -
Edwin J. Kilpela, Jr., Esq.
CARLSON LYNCH SWEET KILPELA & CARPENTER
115 Federal Street, Suite 210
Pittsburgh, PA 15212
Telephone: (412) 322-9243
E-mail: ekilpela@carlsonlynch.com
- and -
James Richard Patterson, Esq.
PATTERSON LAW GROUP
402 West Broadway, 29th Floor
San Diego, CA 92101
Telephone: (619) 756-6990
Facsimile: (619) 756-6991
E-mail: jim@pattersonlawgroup.com
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiff-Appellee Jonathon Fisher is represented by:
Sara Avila, Esq.
Gillian L. Wade, Esq.
Allison Rachel Willett, Esq.
MILSTEIN, ADELMAN, JACKSON, FAIRCHILD & WADE, LLP
2800 Donald Douglas Loop North
Santa Monica, CA 90405
Telephone: (310) 396-9600
Facsimile: (310) 396-9635
E-mail: savila@majfw.com
gwade@majfw.com
allison@willettlaw.com
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiff-Appellee Cindi Inman is represented by:
Matthew Armstrong, Esq.
ARMSTRONG LAW FIRM
8816 Manchester Road
Brentwood, MO 63144
Telephone: (314) 258-0212
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiff-Appellee Beth Cox is represented by:
Daniel Frech, Esq.
Stuart Scott, Esq.
SPANGENBERG SHIBLEY & LIBER LLP
1001 Lakeside Avenue, E., Suite 1700
Cleveland, OH 44114
Telephone: (216) 696-3232
E-mail: dfrech@spanglaw.com
sscott@spanglaw.com
- and -
Andrea Gold, Esq.
Jonathan K. Tycko, Esq.
TYCKO & ZAVAREEI LLP
1828 L Street, N.W., Suite 1000
Washington, DC 20036
Telephone: (202) 973-0900
Facsimile: (202) 973-0950
E-mail: agold@tzlegal.com
jtycko@tzlegal.com
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiff-Appellee Victoria Lyman is represented by:
Daniel W. Luginbill, Esq.
WILSON & LUGINBILL LLC
P.O. Box 1150
3056 Railroad Avenue
Bamberg, SC 29003
Telephone: (803) 245-7799
- and -
Robert V. Phillips, Esq.
MCGOWAN & HOOD
1539 Healthcare Drive
Rock Hill, SC 29732
Telephone: (803) 327-7800
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiff-Appellee Stephanie Douglas is represented by:
Donald C. Douglas, Jr., Esq.
LAW OFFICE OF DONALD C. DOUGLAS, JR.
1070 West Causeway Approach, Suite B
Mandeville, LA 70471
Telephone: (985) 246-3034
- and -
Robert G. Harvey, Jr., Esq.
LAW OFFICE OF TAMARA KLUGER JACOBSON, LLC
600 North Carrollton Avenue
New Orleans, LA 70119
Telephone: (504) 822-2136
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiff-Appellee Sarah Jacobs is represented by:
Edward F. Haber, Esq.
SHAPIRO HABER & URMY LLP
53 State Street
Boston, MA 02109
Telephone: (617) 439-3939
E-mail: ehaber@shulaw.com
- and -
Noah Schubert, Esq.
SCHUBERT JONCKHEER & KOLBE LLP
Three Embarcadero Center, Suite 1650
San Francisco, CA 94111
Telephone: (415) 788-4220
Facsimile: (415) 788-0161
E-mail: nschubert@schubertlawfirm.com
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Objector-Appellant Paul Lopez is represented by:
Timothy Belz, Esq.
OTTSEN, LEGGAT & BELZ
Telephone: (314) 726-2800
Facsimile: (314) 863-3821
E-mail: tbelz@olblaw.com
MDL 2562: McCoy Appeals Order Approving $32MM Settlement
--------------------------------------------------------
Objector Pamela McCoy filed an appeal from the Final Order and
Judgment, and the Findings of Fact, Conclusions of Law, and Order
Awarding Fees and Costs both entered on June 16, 2016, in the
multidistrict litigation titled In re: Blue Buffalo Company, Ltd.,
Marketing and Sales Practices Litigation, MDL No. 4:14-md-02562-
RWS, in the U.S. District Court for the Eastern District of
Missouri - St. Louis.
The appellate case is captioned as Alexia Keil, et al. v. Pamela
McCoy, Case No. 16-3164, in the United States Court of Appeals for
the Eighth Circuit.
In the June 16 Final Order and Judgment, District Judge Rodney W.
Sippel gave final approval to the parties' settlement agreement
and certified this Settlement Class solely for purposes of the
Settlement:
All residents of the United States of America who, from
May 7, 2008 through the Preliminary Approval Date, purchased
any of the Blue Buffalo Products [listed on Ex. 1 to the
Settlement Agreement].
Judge Sippel noted that Blue Buffalo has already deposited $32
million into the Settlement Fund. The Court also approved an
incentive award to each named Plaintiff in the amount of $1,500.
Under the Settlement, Blue Buffalo has agreed to pay incentive
awards to the named plaintiffs separate from, and in addition to,
the $32 million common fund.
The actions in the litigation primarily involve allegations by
consumers that Blue Buffalo made false and misleading
representations about the ingredients in its pet food products, as
allegedly indicated by laboratory testing commissioned by the
Nestle Purina PetCare Company.
Plaintiffs-Appellees Alexia Keil, Nick Hutchison and Rachael D.
Stone are represented by:
Timothy M. Cronin, Esq.
Ryan A. Keane, Esq.
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: tcronin@simonlawpc.com
jsimon@simonlawpc.com
Plaintiff-Appellee Nick Hutchison is represented by:
Stephen Frank Gaunt, Esq.
STEELMAN, GAUNT & HORSEFIELD, ATTORNEYS AT LAW
901 Pine Street
P.O. Box 1257
Rolla, MO 65402
Telephone: (573) 341-8336
Facsimile: (573) 341-8548
E-mail: sgaunt@steelmanandgaunt.com
- and -
Scott Adam Kamber, Esq.
WECHSLER & HARWOOD
488 Madison Avenue
New York, NY 10022-0000
Telephone: (212) 935-7400
E-mail: skamber@kamberlaw.com
- and -
Deborah Kravitz, Esq.
KAMBERLAW, LLP
401 Center Street, Suite 111
Healdsburg, CA 95448
Telephone: (707) 820-4247
E-mail: dkravitz@kamberlaw.com
- and -
David Parisi, Esq.
PARISI & HAVENS LLP
212 Marine Street, Suite 100
Santa Monica, CA 90405
Telephone: (818) 990-1299
Facsimile: (818) 501-7852
E-mail: dcparisi@parisihavens.com
- and -
Jeremy Reade Wilson, Esq.
COREA FIRM
2028 Sarrington Street
Dallas, TX 75207
Telephone: (214) 953-3900
E-mail: jwilson@corealaw.com
Plaintiff-Appellee Maja Mackenzie is represented by:
Joshua Eggnatz, Esq.
EGGNATZ LAW FIRM
5400 S. University Drive, Suite 413
Davie, FL 33328
Telephone: (954) 889-3359
Facsimile: (954) 889-5913
Business: 954-889-3359
E-mail: JEggnatz@ElpLawyers.com
- and -
David B. Helms, Esq.
Sarah A. Milunski, Esq.
Richard B. Walsh, Jr., Esq.
LEWIS RICE LLC
600 Washington Avenue, Suite 2500
Saint Louis, MO 63101
Telephone: (314) 444-7600
E-mail: smilunski@lewisrice.com
rwalsh@lewisrice.com
- and -
Michael Reese, Esq.
REESE LLP
16th Floor
100 W. 93rd Street
New York, NY 10001
Telephone: (212) 643-0500
Facsimile: (212) 253-4272
E-mail: michael@reesellp.com
- and -
Howard Weil Rubinstein, Esq.
LAW OFFICES OF HOWARD W. RUBINSTEIN, P.A.
1615 Forum Place, Suite 4C
West Palm Beach, FL 33401
Telephone: (832) 715-2788
Facsimile: (561) 688-0630
E-mail: howardr@pdq.net
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiffs-Appellees Brian Andacky and Melissa Baggett are
represented by:
Scott Bursor, Esq.
Neal J. Deckant, Esq.
Frederick John Klorczyk, Esq.
Yitzchak Kopel, Esq.
Joseph Ignatius Marchese, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Telephone: (646) 837-7129
E-mail: scott@bursor.com
ndeckant@bursor.com
fklorczyk@bursor.com
ykopel@bursor.com
jmarchese@bursor.com
- and -
Don Manley Downing, Esq.
GRAY, RITTER & GRAHAM, P.C.
701 Market Street, Eighth Floor
Saint Louis, MO 63101-0000
Telephone: (314) 732-0728
Facsimile: (314) 241-4140
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiff-Appellee David Delre is represented by:
Adam R. Gonnelli, Esq.
Antonio Vozzolo, Esq.
FARUQI & FARUQI, LLP
320 E. 39th Street
New York, NY 10016
Telephone: (212) 983-9330
Facsimile: (212) 983-9331
E-mail: agonnelli@faruqilaw.com
avozzolo@faruqilaw.com
- and -
Karen Leser-Grenon, Esq.
James E. Miller, Esq.
Laurie Rubinow, Esq.
SHEPHERD, FINKELMAN, MILLER & SHAH, LLP
65 Main Street
Chester, CT 06412
Telephone: (860) 526-1100
E-mail: kleser@sfmslaw.com
jmiller@sfmslaw.com
lrubinow@sfmslaw.com
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
- and -
Joseph Ignatius Marchese, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Telephone: (646) 837-7129
E-mail: jmarchese@bursor.com
Plaintiffs-Appellees Christopher Renna and Kimberly Lemon are
represented by:
Patrick A. Klingman, Esq.
KLINGMAN LAW, LLC
196 Trumbull Street, Suite 510
Hartford, CT 06103
Telephone: (860) 256-6120
E-mail: pak@klingmanlaw.com
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiff-Appellee Christopher Renna is represented by:
Brian Penny, Esq.
GOLDMAN & EHRLICH
19 South LaSalle Street
Chicago, IL 60603
Telephone: (484) 342-0700
E-mail: penny@lawgsp.com
Plaintiff-Appellee Joshua Teperson is represented by:
Todd D. Carpenter, Esq.
CARPENTER LAW GROUP
402 West Broadway
San Diego, CA 92101
Telephone: (619) 756-6994
Facsimile: (619) 756-6991
E-mail: todd@carpenterlawyers.com
- and -
Edwin J. Kilpela, Jr., Esq.
CARLSON LYNCH SWEET KILPELA & CARPENTER
115 Federal Street, Suite 210
Pittsburgh, PA 15212
Telephone: (412) 322-9243
E-mail: ekilpela@carlsonlynch.com
- and -
James Richard Patterson, Esq.
PATTERSON LAW GROUP
402 West Broadway, 29th Floor
San Diego, CA 92101
Telephone: (619) 756-6990
Facsimile: (619) 756-6991
E-mail: jim@pattersonlawgroup.com
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiff-Appellee Jonathon Fisher is represented by:
Sara Avila, Esq.
Gillian L. Wade, Esq.
Allison Rachel Willett, Esq.
MILSTEIN, ADELMAN, JACKSON, FAIRCHILD & WADE, LLP
2800 Donald Douglas Loop North
Santa Monica, CA 90405
Telephone: (310) 396-9600
Facsimile: (310) 396-9635
E-mail: savila@majfw.com
gwade@majfw.com
allison@willettlaw.com
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiff-Appellee Cindi Inman is represented by:
Matthew Armstrong, Esq.
ARMSTRONG LAW FIRM
8816 Manchester Road
Brentwood, MO 63144
Telephone: (314) 258-0212
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiff-Appellee Beth Cox is represented by:
Daniel Frech, Esq.
Stuart Scott, Esq.
SPANGENBERG SHIBLEY & LIBER LLP
1001 Lakeside Avenue, E., Suite 1700
Cleveland, OH 44114
Telephone: (216) 696-3232
E-mail: dfrech@spanglaw.com
sscott@spanglaw.com
- and -
Andrea Gold, Esq.
Jonathan K. Tycko, Esq.
TYCKO & ZAVAREEI LLP
1828 L Street, N.W., Suite 1000
Washington, DC 20036
Telephone: (202) 973-0900
Facsimile: (202) 973-0950
E-mail: agold@tzlegal.com
jtycko@tzlegal.com
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiff-Appellee Victoria Lyman is represented by:
Daniel W. Luginbill, Esq.
WILSON & LUGINBILL LLC
P.O. Box 1150
3056 Railroad Avenue
Bamberg, SC 29003
Telephone: (803) 245-7799
- and -
Robert V. Phillips, Esq.
MCGOWAN & HOOD
1539 Healthcare Drive
Rock Hill, SC 29732
Telephone: (803) 327-7800
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiff-Appellee Stephanie Douglas is represented by:
Donald C. Douglas, Jr., Esq.
LAW OFFICE OF DONALD C. DOUGLAS, JR.
1070 West Causeway Approach, Suite B
Mandeville, LA 70471
Telephone: (985) 246-3034
- and -
Robert G. Harvey, Jr., Esq.
LAW OFFICE OF TAMARA KLUGER JACOBSON, LLC
600 North Carrollton Avenue
New Orleans, LA 70119
Telephone: (504) 822-2136
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
Plaintiff-Appellee Sarah Jacobs is represented by:
Edward F. Haber, Esq.
SHAPIRO HABER & URMY LLP
53 State Street
Boston, MA 02109
Telephone: (617) 439-3939
E-mail: ehaber@shulaw.com
- and -
Noah Schubert, Esq.
SCHUBERT JONCKHEER & KOLBE LLP
Three Embarcadero Center, Suite 1650
San Francisco, CA 94111
Telephone: (415) 788-4220
Facsimile: (415) 788-0161
E-mail: nschubert@schubertlawfirm.com
- and -
John G. Simon, Esq.
THE SIMON LAW FIRM
800 Market Street, Suite 1700
Saint Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jsimon@simonlawpc.com
MEMORIAL RESOURCE: "Mariani" Sues Over Undervalued Merger Deal
--------------------------------------------------------------
Roger Mariani, individually and on behalf of all others similarly
situated, Plaintiff, v. Memorial Resource Development Corp., Tony
R. Weber, Jay C. Graham, Scott A. Gieselman, Kenneth A. Hersh,
Robert A. Innamorati, Carol L. O'Neill and Pat Wood III,
Defendants, Case No. 4:16-cv-02042 (S.D. Tex., July 11, 2016),
seeks preliminarily and permanent enjoinment from proceeding with,
consummating, or closing a proposed merger; rescissory damages;
costs of this action, including reasonable allowance for
attorneys' and experts' fees; and such other and further relief
for violation of the Securities Exchange Act.
Memorial will be acquired by Range Resources Corporation through
its wholly-owned subsidiary Medina Merger Sub, Inc. at $15.75 per
share. Plaintiffs claim that the implied value of the deal falls
below Memorial's trading price of $15.97 on January 29, 2016, less
than four months before.
Memorial is a Delaware corporation with its principal executive
offices located at 500 Dallas Street, Suite 1800, Houston, Texas,
77002. The Company is an independent natural gas and oil company
focused on the exploitation, development, and acquisition of
natural gas, natural gas liquids and oil properties with a
majority of its activity in the Terryville Complex of North
Louisiana.
Tony R. Weber, Jay C. Graham, Scott A. Gieselman, Kenneth A.
Hersh, Robert A. Innamorati, Carol L. O'Neill and Pat Wood III are
members of its board of directors.
Plaintiff is represented by:
Thomas E. Bilek, Esq.
THE BILEK LAW FIRM, L.L.P.
700 Louisiana, Suite 3950
Houston, TX 77002
Tel: (713) 227-7720
- and -
Richard A. Acocelli, Esq.
Michael A. Rogovin, Esq.
Kelly C. Keenan, Esq.
WEISSLAW LLP
1500 Broadway, 16th Floor
New York, NY 10036
Tel: (212) 682-3025
Fax: (212) 682-3010
MICHIGAN: Court Denies Motion for Equitable Award of Seniority
--------------------------------------------------------------
District Judge Paul D. Borman of the United States District Court
for the Eastern District of Michigan denied Plaintiffs' motion for
equitable award of seniority in the case captioned, PATRICIA
BARACHKOV, et al., Plaintiffs, v. CHIEF JUDGE CARRIE FUCA of the
41B District Court, in her official capacity, Defendant, Case No.
04-CV-73957, 04-CV-73977 (E.D Mich.).
On September 3, 2015, the Court issued an Opinion and Order
granting Plaintiffs' Motion for Reinstatement and ordered then
Defendant Chief Judge Sebastian Lucido, in his official capacity,
to "develop a plan within the next 60 days to reinstate Plaintiffs
to their comparable position of employment with the 41B District
Court and conform Plaintiffs' personnel files to reflect the
jury's verdict."
On December 30, 2015, this Court issued an Opinion and Order that,
inter alia, established a plan for the reinstatement of Plaintiffs
as employees of the 41B District Court. The Court also ordered
that "if Plaintiffs find discovery necessary to carry out this
Order, Defendant provide discovery on relevant reinstatement
issues, e.g., the 41B District Court's collective bargaining
agreement, benefits and pension information, and other relevant
information including the total number of 41B District Court
employees union and non-union, seniority status as full or part
time, and their pay scales." All three Plaintiffs are now employed
by the 41B District Court.
In the motion, Plaintiffs argue that "they are not being made
whole in terms of their lost time" and note that the loss of
seniority affects their pay, and rights under the union contract
that dictate vacation time, preference for selecting time off,
health benefits, the amount of a "longevity bonus," and possible
promotions.
In his Opinion and Order dated July 19, 2016 available at
https://is.gd/hs2E9R from Leagle.com, Judge Borman held that
Plaintiffs' motion failed to meaningfully address the Eleventh
Amendment and its implications upon their request for relief, and
Plaintiffs did not file a reply to dispute Defendant's arguments
on the issue.
Nancy Englar and Carol Diehl are represented by Sarah Prescott,
Esq. -- prescott@salvatoreprescott.com -- SALVATORE PRESCOTT PLLC
They are also represented by:
Deborah L. Gordon, Esq.
DEBORAH L. GORDON ASSOC.
33 Bloomfield Hills Pkwy #220,
Bloomfield Hills, MI 48304
Tel: (248)258-2500
Carrie Fuca, Defendant, represented by Timothy S. Ferrand, Esq.
-- tferrand@cmda-law.com -- CUMMINGS, MCCLOREY
MORGAN KEEGAN: Court Grants Motion to Compel Payment
----------------------------------------------------
District Judge Nanette K. Laughrey of the United States District
Court for the Western District of Missouri granted Plaintiffs'
emergency motion to compel the settlement administrator to make
payments to class members in the case captioned, JOHN W. CROMEANS,
JR., Individually and on behalf of all others similarly situated,
Plaintiff, v. MORGAN KEEGAN & CO., INC., et al., Defendants, Case
No. 2:12-CV-04269-NKL (W.D. Mo.).
Under the Court-approved settlement, Plaintiffs' attorneys have
already been paid fees and expenses, and the settlement
administrator is prepared to disburse about $4.4 million to class
members who have submitted valid claims. However, the process has
been delayed by a post-settlement dispute between the parties.
Plaintiffs have claimed that Defendants were required under the
settlement agreement to deposit more money for payments to class
members.
Plaintiffs claimed that some of the bonds at issue were sold after
the class period and are now held by non-class members, so those
bonds could not be tendered as part of the claims process.
Plaintiffs therefore argued that Defendants owe an additional
$411,618 to the class. The Court has rejected Plaintiffs' argument
and ruled that Defendants do not owe the class an additional
$411,618.
Plaintiffs move to compel the settlement administrator to proceed
to make payments to class members who have submitted valid proofs
of claim. Morgan Keegan takes the position that the settlement
administrator cannot do so while Plaintiffs' appeal is pending
before the Eighth Circuit and that the Court lacks jurisdiction to
enter such an order.
In her Order and Reasons dated July 18, 2016 available at
https://is.gd/tfE5Yc from Leagle.com, Judge Laughrey held that
Plaintiffs' present appeal does not trigger a stay of settlement
administration.
John W. Cromeans is represented by Andrew P. Campbell, Esq. --
andy.campbell@campbellguin.com -- Stephen D. Wadsworth, Esq. --
stephen.wadsworth@campbellguin.com -- and John C. Guin, Esq. --
jonathan.guin@campbellguin.com -- CAMPBELL, GUIN, WILLIAMS, GUY &
GIDIERE LLC
Plaintiff is also represented by:
J. Timothy Francis, Esq.
JAMES L. NORTH & ASSOCIATES
Title Building, 300 Richard Arrington Jr Blvd N,
Birmingham, AL 35203
Tel: (205)251-0252
-- and --
Richard E. McLeod, Esq.
THE MCLEOD LAW FIRM PC
2020 Wyandotte St.
Kansas City, MO 64108
Tel: (816)421-5656
Elkton Bank and Trust Company, et al. are represented by Caroline
Smith Gidiere, Esq. Stephen D. Wadsworth, Esq. --
stephen.wadsworth@campbellguin.com -- and John C. Guin, Esq. --
jonathan.guin@campbellguin.com -- CAMPBELL, GUIN, WILLIAMS, GUY &
GIDIERE LLC -- J. Timothy Francis, Esq. -- JAMES L. NORTH &
ASSOCIATES -- Richard E. McLeod, Esq. -- THE MCLEOD LAW FIRM PC
They are also represented by:
J. Timothy Francis, Esq.
JAMES L. NORTH & ASSOCIATES
Title Building, 300 Richard Arrington Jr Blvd N,
Birmingham, AL 35203
Tel: (205)251-0252
-- and --
Richard E. McLeod, Esq.
THE MCLEOD LAW FIRM PC
2020 Wyandotte St.
Kansas City, MO 64108
Tel: (816)421-5656
Morgan Keegan & Company, Inc. and Armstrong Teasdale LLP are
represented by Esq. Charles W. Hatfield, Esq. --
chuck.hatfield@stinson.com -- Erin M. Naeger, Esq. --
erin.naeger@stinson.com -- and Jeremy A. Root, Esq. --
jeremy.root@stinson.com -- STINSON LEONARD STREET LLP
MRC RECEIVABLES: Sued in Tex. Over False Robo-Signed Affidavits
---------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. MRC RECEIVABLES CORP., the Defendant,
Case No. DC-16-08510 (D. Tex., July 18, 2016), seeks equitable
relief from unlawful, void and fraudulent judgments rendered
against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
MRC is a debt buyer and/or debt collector engaged in the business
of filing consumer debt collection lawsuits in the Courts of the
State of Texas as the alleged assignee of original consumer
creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
NASDAQ OMX: Court Sends Fees Dispute Between Insurers to Trial
--------------------------------------------------------------
BEAZLEY INSURANCE COMPANY, INC., Plaintiff, v. ACE AMERICAN
INSURANCE COMPANY, et al., Defendants, Case No. 15-CV-5119 (JSR)
(S.D.N.Y.), is a dispute between three isurers of NASDAQ arising
from a class action suit that retail investors in Facebook Inc.
brought against NASDAQ entities and officers in 2012 in the
aftermath of Facebook's troubled initial public offering on the
NASDAQ stock exchange. On October 4, 2012, the Judicial Panel on
Multidistrict Litigation centralized 41 actions related to the
Facebook IPO in the Southern District of New York before Judge
Sweet, including eight actions brought against NASDAQ entities and
officers alleging federal securities law and negligence claims.
On April 30, 2013, a consolidated amended class action complaint
(the CAC) was filed against NASDAQ OMX Group, Inc., NASDAQ Stock
Market, LLC, Robert Greifeld (NASDAQ's President and CEO at the
relevant time), and Anna Ewing (NASDAQ's Chief Information Officer
at the relevant time) (collectively, the NASDAQ Parties), on
behalf of a putative class of all persons "that entered pre-market
and aftermarket orders to purchase and/or sell the common stock of
Facebook Inc. on May 18, 2012 in connection with Facebook's
initial public offering and who thereby suffered monetary losses
as a result of the NASDAQ Parties' wrongdoing.
Beazley moves for partial summary judgment against ACE on its
second cause of action seeking a declaratory judgment that ACE is
obligated to provide indemnity coverage to NASDAQ in connection
with the Facebook Class Action. Conversely, ACE moves for summary
judgment on all remaining claims against it (Counts Two, Four, and
Five) primarily on the basis that the Facebook Class Action falls
within the "professional services" exclusion of the relevant
policy. Illinois National Insurance Company likewise moves for
summary judgment on all remaining claims against it.
In his Opinion and Order dated July 12, 2016 available at
https://is.gd/ndHwrZ from Leagle.com, District Judge Jed S. Rakoff
of the United States District Court for the Southern District of
New York held that the Facebook Class Action's claims fall within
the "professional services" exclusion, the Court denied Beazley's
motion for summary judgment, granted ACE's motion for summary
judgment on Counts Two and Four, and granted INIC's motion for
summary judgment in its entirety. The Court denied ACE's summary
judgment bid on plaintiff's breach of contract claim (Count Five),
since ACE breached its duty to advance defense costs to NASDAQ and
since Beazley appears to have damages in the form of NASDAQ's
unreimbursed attorneys' fees.
Judge Rakoff said Beazley is entitled to recover NASDAQ's
unreimbursed reasonable defense costs in excess of $2 million. It
appears undisputed that NASDAQ incurred a minimum of $10,723.75 in
unreimbursed fees in excess of $2 million. ACE has failed to
present any argument as to why it should not be held liable for
those unreimbursed fees. Accordingly, ACE is not entitled to
summary judgment on Count Five, and the case will proceed to trial
on that count. At trial, Beazley will not be permitted to re-
litigate arguments that have been rejected in this Opinion and
Order or to introduce new theories of liability. The sole issue
for trial will be the amount of unreimbursed attorneys' fees and
costs reasonably incurred by NASDAQ in defending the Facebook
Class Action in excess of $2 million.
Beazley and ACE were directed to contact chambers jointly by no
later than July 15 to schedule a trial date.
Beazley Insurance Company, Inc. is represented by Dustin H. Thai,
Esq. -- dustin.thai@troutmansanders.com -- Kevin Kieffer, Esq. -
kevin.kieffer@troutmansanders.com -- Peter Lucier, Esq. --
peter.lucier@troutmansanders.com -- Ryan C. Tuley, Esq. --
ryan.tuley@troutmansanders.com -- and Matthew Joel Aaronson, Esq.
-- matthew.aaronson@troutmansanders.com -- TROUTMAN SANDERS LLP
Ace American Insurance Company is represented by Daniel Wagner
London, Esq. -- dlondon@londonfischer.com -- LONDON FISCHER LLP
NASSAU, NY: Faces "Arciello" Suit Alleging FLSA Violation
---------------------------------------------------------
ROBERT J. ARCIELLO, FRANCIS J. GOREY,JR., DIANE MASTROPAOLO, GLEN
F. TUIFEL, DANIEL S. SPEICHER, LAWRENCE J. LOISELLE, JOSEPH T.
WHITTAKER, JAMES SHARKEY, KIRK FOWLKES, JOHN CLOUDMAN, NICHOLAS
PALMESE, JOHN OCHWAT, and all others similarly situated, v. COUNTY
OF NASSAU, EDWARD MANGANO, in his individual And Official
Capacity, and NASSAU COUNTY CIVIL SERVICE COMMISSION, Case 2:16-
cv-03974-ADS-SIL (E.D.N.Y., July 18, 2016), was filed under the
Fair Labor Standards Act for denial of overtime compensation.
County of Nassau is a municipal corporation duly incorporated
under the laws of the State of New York.
The Plaintiff is represented by:
Albina Kataeva, Esq.
LAW OFFICES OF LOUIS D. STOBER,JR., LLC
350 Old Country Road
Garden City, NY 11530
Phone: (516) 742-6546
- and -
LOUIS D. STOBER, JR., LLC
350 Old Country Road Suite 205
Garden City, NY 11530
Phone: (516) 742-6546
Fax: (516) 742-8603
NEW YORK LIFE: Faces N.Y. Suit Over ERISA Violation
---------------------------------------------------
Paul Andrus and Ronald Berresford, individually and as
representatives of a class of similarly situated persons, and on
behalf of the New York Life Agents Progress-Sharing Investment
Plan and the New York Life Insurance Company Employee Progress-
Sharing Investment Plan, v. New York Life Insurance Company, New
York Life Investment Management LLC, New York Life Investment
Management Holdings LLC, Cornerstone Capital Management Holdings
LLC, Cornerstone Capital Management LLC, Board of Trustees of the
New York Life Agents Progress-Sharing Investment Plan, Board of
Trustees of the New York Life Insurance Company Employee Progress-
Sharing Plan, Maria J. Mauceri, Barry A Schub, John Y. Kim, Arthur
H. Seter, Drew E. Lawton, Michael M. Oleske, Robert J. Hynes, and
Johns Does 1-30, Case 1:16-cv-05698 (S.D.N.Y., July 18, 2016), was
filed under the Employee Retirement Income Security Act in
relation to the MainStay S&P 500 Index Fund.
New York Life Insurance Company is a mutual insurance company.
The Plaintiffs are represented by:
Michele R. Fisher, Esq.
Kai H. Richter, Esq.
Carl F. Engstrom, Esq.
Brandon T. McDonough, Esq.
NICHOLS KASTER, PLLP
4600 IDS Center
80 S 8th Street
Minneapolis, MN 55402
Phone: 612-256-3200
Fax: 612-338-4878
E-mail: fisher@nka.com
krichter@nka.com
cengstrom@nka.com
bmcdonough@nka.com
NCEP LLC: Sued in D. Tex. Over False Robo-Signed Affidavits
-----------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. NCEP LLC, the Defendant, Case No. DC-
16-08514 (D. Tex., July 18, 2016), seeks equitable relief from
unlawful, void and fraudulent judgments rendered against consumers
in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
NCEP is a debt buyer and/or debt collector engaged in the business
of filing consumer debt collection lawsuits in the Courts of the
State of Texas as the alleged assignee of original consumer
creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
NORTH STAR: Sued in D. Tex. Over False Robo-Signed Affidavits
-------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. NORTH STAR CAPITAL ACQUISITION LLC,
the Defendant, Case No. DC-16-08495 (D. Tex., July 15, 2016),
seeks equitable relief from unlawful, void and fraudulent
judgments rendered against consumers in the Courts of Dallas
County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
North Star is a debt buyer and/or debt collector engaged in the
business of filing consumer debt collection lawsuits in the Courts
of the State of Texas as the alleged assignee of original consumer
creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
OLIPHANT FINANCIAL: Sued Over False Robo-Signed Affidavits
----------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. OLIPHANT FINANCIAL CORPORATION, the
Defendant, Case No. DC-16-08523 (D. Tex., July 18, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Oliphant Financial is a debt buyer and/or debt collector engaged
in the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
OZARK CAPITAL: Sued in D. Tex. Over False Robo-Signed Affidavits
----------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. OZARK CAPITAL CORPORATION, the
Defendant, Case No. DC-16-08493 (D. Tex., July 15, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Ozark Capital is a debt buyer and/or debt collector engaged in the
business of filing consumer debt collection lawsuits in the Courts
of the State of Texas as the alleged assignee of original consumer
creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
PALISADES ACQUISITIONS: Sued Over False Robo-Signed Affidavits
--------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. PALISADES ACQUISITIONS LLC, the
Defendant, Case No. DC-16-08519 (D. Tex., July 18, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Palisades Acquisitions is a debt buyer and/or debt collector
engaged in the business of filing consumer debt collection
lawsuits in the Courts of the State of Texas as the alleged
assignee of original consumer creditors and/or successors in
interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
PALISADES COLLECTIONS: Sued Over False Robo-Signed Affidavits
-------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. PALISADES COLLECTIONS LLC, the
Defendant, Case No. DC-16-08517 (D. Tex., July 18, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Palisades Collections is a debt buyer and/or debt collector
engaged in the business of filing consumer debt collection
lawsuits in the Courts of the State of Texas as the alleged
assignee of original consumer creditors and/or successors in
interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
PFIZER INC: Sued in N.D. Cal. Over Viagra Ingestion Injuries
------------------------------------------------------------
David DeConcini, the Plaintiff, v. Pfizer Inc., the Defendant,
Case No. 3:16-cv-04011 (N.D. Cal., July 15, 2016), seeks to
recover compensatory damages, punitive damages, equitable relief
and such other relief deemed just and proper arising from
Plaintiff's injuries resulting from the ingestion of the
prescription drug Viagra (TM).
The action for personal injuries and damages suffered by the
Plaintiff as a direct and proximate result of the Defendants
alleged negligent and wrongful conduct in connection with the
design, development, manufacturing, testing, packaging, promoting,
marking, distribution, labeling and/or sale of sildenafil citrate
tablets sold under the brand name
Viagra (TM).
Viagra (TM) is an oral tablet prescribed to men with erectile
dysfunction.
Pfizer is engaged in the business of designing, developing,
manufacturing, labeling, promoting, marketing, distributing and
selling pharmaceutical drugs, including the drug Viagra (TM) in
New York, California, Virginia and throughout the United States.
The Plaintiff is represented by:
Kimberly D. Barone Baden, Esq.
Ann E. Rice Ervin, Esq.
MOTLEY RICE LLP
28 Bridgeside Boulevard
Mount Pleasant, SC 29464
Telephone: (843) 216 9265
Facsimile: (843) 216 9450
E-mail: kbarone@motleyrice.com
ariceervin@motleyrice.com
PHARIA LLC: Sued in D. Tex. Over False Robo-Signed Affidavits
-------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. PHARIA LLC, the Defendant, Case No.
DC-16-08549 (D. Tex., July 18, 2016), seeks equitable relief from
unlawful, void and fraudulent judgments rendered against consumers
in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Pharia is a debt buyer and/or debt collector engaged in the
business of filing consumer debt collection lawsuits in the Courts
of the State of Texas as the alleged assignee of original consumer
creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
PINNACLE CREDIT: Sued in Tex. Over False Robo-Signed Affidavits
------------------------- -------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. PINNACLE CREDIT SERVICES LLC, the
Defendant, Case No. DC-16-08518 (D. Tex., July 18, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Pinnacle Credit is a debt buyer and/or debt collector engaged in
the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
PORTFOLIO RECOVERY: Sued Over False Robo-Signed Affidavits
----------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. PORTFOLIO RECOVERY ASSOCIATES LLC, the
Defendant, Case No. DC-16-08512 (D. Tex., July 18, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Portfolio Recovery is a debt buyer and/or debt collector engaged
in the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail.com
RDL ENERGY: Bid for FLSA Class Cert. in "Trevino" Suit Denied
-------------------------------------------------------------
The Hon. Melinda Harmon entered an order in the class action
lawsuit styled ALFONSO TREVINO, MARVIN "RICK" CLARK, MARVIN R.
CLARK, III, CHANCE WINFREY, EDWIN KISER, JONATHON LARA, FORREST
IRA CHANIK, MICHAEL GRAY, MARK JANACEK, ISAIAH GUNTER, AND RAMON,
MIER, Individually and On Behalf of All Persons Similarly
Situated, the Plaintiff, v. RDL ENERGY SERVICES, L.P., BAKER
HUGHES PIPELINE MANAGEMENT GROUP, INC., GREENE'S ENERGY GROUP,
LLC, and WEATHERFORD U.S., L.P., the Defendants, Case No. 4:14-cv-
01936 (S.D. Tex.), denying Plaintiffs' motion to conditionally
certify an FLSA collective action and to send notice to the class.
The putative collective action alleges failure to pay Plaintiffs,
who at varying times were employed as non-exempt day rate
employees with RDL Energy Services, L.P., a Texas staffing
corporation operating throughout the United States.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=k9UxPpNT
REACHLOCAL INC: Miranda Seeks to Enjoin Merger with Gannett
-----------------------------------------------------------
TOOD MIRANDA, On Behalf of Himself and All Others Similarly
Situated, the Plaintiff, v. REACHLOCAL, INC., SHARON ROWLANDS,
JAMES GEIGER, THOMAS HALE, HABIB KAIROUZ, LAWRENCE KUTSCHER,
ALAN SALZMAN, EDWARD THOMPSON, GANNETT CO., INC., RAPTOR MEGER
SUB, INC., and DOES 1-25, inclusive, the Defendants, Case No.
BC527246 (Cal. Super. Ct., July 15, 2016), seeks to enjoin the
merger between Reachlocal and Gannett until such time that
Defendants have adequately undertaken all appropriate and
available method to obtain a transaction which is in the best
interest of Reachlocal's stockholders.
On June 27, 2016, Reachlocal and Gannett issued a joint press
release announcing that they entered into an Agreement and Plan of
Merger to sell Reachlocal to Gannett. Subject to the terms of the
Merger Agreement, Merger Sub will commence a tender offer to
purchase all of the outstanding shares of ReachLocal common stock
at a price of $4.60 in cash per ReachLocal share. Following
consummation of the Offer, Merger Sub will merge with and into
ReachLocal with Reachlocal surviving as a wholly-owned subsidiary
of Gannett. The proposed transaction is valued at approximately
$156 million. The transaction is the result of an unfair process
and provides the Company's stockholders with inadequate
consideration, says the complaint.
ReachLocal is an online marketing and advertising solution
provider for small, medium, and large businesses, advertising to
consumers in local markets.
The Plaintiff is represented by:
Leigh A. Parker, Esq.
WEISS LAW
1516 South Bundy Drive, Suite 309
Los Angeles, CA 90025
Telephone: (310) 208 2800
Facsimile: (310) 209 2348
E-mail: lparker@weisslawllp.com
REGUS MANAGEMENT: Plaintiff Can't Seek Injunctive Relief
--------------------------------------------------------
District Judge Edward M. Chen of the United States District Court
for the Northern District of California granted Defendants' motion
for summary judgment in the case captioned, CIRCLE CLICK MEDIA
LLC, et al., Plaintiffs, v. REGUS MANAGEMENT GROUP LLC, et al.,
Defendants, Case No. 12-CV-04000-EMC (N.D. Cal.).
Plaintiffs Circle Click Media, LLC and CTNY Insurance Group filed
the putative class action against Defendants Regus Management
Group, LLC, Regus Business Centre LLC, Regus PLC, and HQ Global
Workplaces LLC. Regus is in the business of leasing fully
equipped commercial office space using an Office Service Agreement
(OSA). Plaintiffs allege that the actual monthly payment amount
exceed the monthly amount stated on the OSA because Regus charges
mandatory fees that are not adequately disclosed until after the
lease is signed. Based on these allegations, Plaintiffs brought
claims for: (1) violations of California Business & Professions
Code section 17200 (Unfair Competition Law) (UCL); (2) violations
of California Business & Professions Code section 17500
(California False Advertising Law) (FAL), and (3) unjust
enrichment.
In July 2015, Regus moved to dismiss Plaintiffs' claims for lack
of standing under Article III. Regus argued that Plaintiffs lacked
standing to seek injunctive relief on behalf of themselves and the
putative classes because there was no threat of future harm, as
both Plaintiffs had shown that they did not plan to rent office
space from Regus in the future. The district court denied Regus's
motion to dismiss finding that Plaintiffs met the requirements for
standing and could seek injunctive relief.
Regus moves for partial summary judgment as to whether Circle
Click may seek injunctive relief under the UCL, and whether Circle
Click could seek an injunction against Regus on behalf of anyone
other than itself.
In his Order dated July 18, 2016 available at https://is.gd/EMATAO
from Leagle.com, Judge Chen found that Plaintiffs lack standing to
seek injunctive relief based on their unjust enrichment claims,
and that Plaintiffs have not demonstrated that broad injunctive
relief would be permitted based on those claims in any case.
Circle Click Media LLC and CTNY Insurance Group LLC are
represented by Ali Ari Aalaei, Esq. -- aaalaei@psalaw.com -- Alyce
Winn Foshee, Esq. -- afoshee@psalaw.net -- and Craig P. Ramsdell,
Esq. -- cramsdell@arilaw.com -- ARI LAW, P.C.; and
S. Chandler Visher, Esq. -- chandler@visherlaw.com -- LAW OFFICES
OF S. CHANDLER VISHER
Regus Management Group LLC, et al. are represented by Daniel
Thomas Rockey, Esq. -- daniel.rockey@bryancave.com -- Meryl
Macklin, Esq. -- meryl.macklin@bryancave.com -- Tracy Marie
Talbot, Esq. -- tracy.talbot@bryancave.com -- Christopher John
Schmidt, Esq. -- christopher.schmidt@bryancave.com -- Darci F.
Madden, Esq. -- darci.madden@bryancave.com -- Kenneth Lee
Marshall, Esq. -- kenneth.marshall@bryancave.com -- Sara Ahmed,
Esq. -- sara.ahmed@bryancave.com -- and Stephanie Ann Blazewicz,
Esq. -- stephanie.blazewicz@bryancave.com -- BRYAN CAVE LLP -- Ali
Ari Aalaei, Esq. -- aaalaei@psalaw.com -- ARI LAW, P.C.
RENEWAL BY ANDERSEN: Meyer Seeks Unpaid Wages Under Labor Code
--------------------------------------------------------------
KAY MEYER, an individual, and on behalf of others similarly
situated, the Plaintiff, v. RENEWAL BY ANDERSEN, a corporation;
JEMICO, LLC, a limited liability company; ANDERSEN CORPORATION, a
corporation; and DOES 1-50, inclusive, the Defendants, Case No.
BC627149 (Cal. Super. Ct, July 15, 2016), seeks to recover wages
and penalties from unpaid wages earned and due under the
California Labor Code.
The Defendants allegedly failed to pay overtime premiums, provide
rest and meal periods, and properly maintain records.
RENEWAL BY ANDERSEN offers windows and doors replacement
installation services.
The Plaintiff is represented by:
Matthew J. Matern, Esq.
Tagore O. Subramaniam, Esq.
MATERN LAW GROUP, PC
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
Telephone: (310) 531 1901
Facsimile: (310) 531 1901
RESURGENCE FINANCIAL: Sued Over False Robo-Signed Affidavits
--------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. RESURGENCE FINANCIAL LLC, the
Defendant, Case No. DC-16-08491 (D. Tex., July 15, 2016), seeks
equitable relief from unlawful, void and fraudulent judgments
rendered against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Resurgence Financial is a debt buyer and/or debt collector engaged
in the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
RIVERWALK HOLDINGS: Sued Over False Robo-Signed Affidavits
----------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. RIVERWALK HOLDINGS LTD, the Defendant,
Case No. DC-16-08492 (D. Tex., July 15, 2016), seeks equitable
relief from unlawful, void and fraudulent judgments rendered
against consumers in the Courts of Dallas County, Texas.
On April 22, 2016, the Consumer Financial Protection Bureau
assessed penalties of $1,500,000 (against a debt buyer) and
$1,000,000 (against its law firm) for violating the Fair Debt
Collection Practices Act and the Consumer Financial Protection Act
of 2010 by failing to use "original account-level documentation"
in debt collection lawsuits.
The Texas Attorney General (now Governor) has reported findings
that consumer debt purchasers and their attorneys have committed
fraud "on a massive scale" by using "thousands" of false "Robo-
Signed" affidavits to deceive Texas Judges into rendering
judgments that are void for lack of subject matter jurisdiction
and fraud on the court.
Riverwalk Holdings is a debt buyer and/or debt collector engaged
in the business of filing consumer debt collection lawsuits in the
Courts of the State of Texas as the alleged assignee of original
consumer creditors and/or successors in interest.
The Plaintiff is represented by:
Ross Teter, Esq.
TETER LAW FIRM
P.O. Box 815823
Dallas, TX 75381-5823
Telephone: (214) 850 8095
Facsimile: (972) 243 2510
E-mail: rossteter.attorney@gmail
ROBERT FRANCIS: "Martinez" Suit Seeks Overtime Pay
--------------------------------------------------
Jose Rivera Martinez, individually and on behalf of all others
similarly situated, Plaintiff, V. Robert Francis Painting, Inc.
and Robert Kane, an individual, Defendants, Case No. CV-3845
(E.D.N.Y., July 11, 2016), seeks overtime pay, compensatory and
liquidated damages, interest, attorneys' fees, costs, and all
other legal and equitable remedies pursuant to the Fair Labor
Standards Act and New York Labor Laws.
Defendants own and operate an interior design outfit located at
1120 3rd Street, West Babylon, NY 11704 where Plaintiff worked as
a painter.
Plaintiff is represented by:
Roman Avshalumov, Esq.
Puja Sharma, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
69-12 Austin Street
Forest Hills, NY 11375
Telephone: 718-263-9591
SANTA MONICA, CA: Angelos Seeks Unpaid Wages Under Labor Code
-------------------------------------------------------------
MICHAEL ANGELOS, individually and on behalf of all others
similarly-situated; and LAMIR MCQUEEN, individually and on behalf
of all others similarly-situated, the Plaintiffs, v. CITY OF SAINT
MONICA, a Municipal Corporation, and DOES 1-25, Inclusive, the
Defendants, Case No. BC627227 (Cal. Super. Ct., July 15, 2016),
seeks to recover unpaid wages, minimum wages and other related
wage and hour damages.
The Defendants employ scores of lifeguard staff at their aquatic
sites in the City of Sana Monica. Unfortunately, the Defendants
require their lifeguard staff to swin 1500 yards per week fill out
paperwork and perform other work, after clocking out or before
clocking in for their shifts. As a result, Defendants' lifeguard
staff are required allegedly required to choose between performing
unpaid work off-the-work clock or face termination.
Santa Monica is a city west of downtown Los Angeles. Santa Monica
Beach is fringed by Palisades Park, with views over the Pacific
Ocean.
The Plaintiff is represented by:
Rodnet Mesriani, Esq.
MESRIANI LAW GROUP
5723 Melrose Avenue,
Los Angeles, CA 90038
Telephone: (310) 826 6300
Facsimile: (310) 820 1258
- and -
Jonathan M. Lebe, Esq.
LEBE LAW
5723 Melrose Avenue
Los Angeles, CA 90038
Telephone: (310) 921 7056
Facsimile: (323) 962 3668
E-mail: jon@lebelaw.com
SEPHORA USA: "Ye" Suit Seeks Certification of Customers Class
-------------------------------------------------------------
The Plaintiffs in the class action lawsuit styled RUIQI YE and
YOLIN HAN, individually and on behalf of all other similarly-
situated individuals, the Plaintiffs, v. SEPHORA USA, INC., the
Defendant, Case No. 3:15-cv-05012-WHO (N.D. Cal.), ask the Court
to certify a class:
"all Sephora customers who qualified to participate in the
Sale that had accounts with email addresses associated with
@qq.com; @126.com or @163.com, and had their accounts
deactivated as a result of the Code that Sephora
implemented on or about November 6, 2014."
The Plaintiffs also request the Court to appoint Wigdor LLP and
Yuhl Carr LLP as co-lead Class counsel, and to appoint them as
Class representatives.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=RZqTkdeg
The Plaintiff is represented by:
Douglas H. Wigdor, Esq.
Jeanne M. Christensen, Esq.
Elizabeth J. Chen, Esq.
WIGDOR LLP
85 Fifth Avenue
New York, NY 10003
Telephone: (212) 257 6800
Facsimile: (212) 257 6845
E-mail: dwigdor@wigdorlaw.com
jchristensen@wigdorlaw.com
echen@wigdorlaw.com
- and -
ERIC F. YUHL, Esq.
COLIN A. YUHL, Esq.
YUHL CARR LLP
4676 Admiralty Way, Suite 550
Marina Del Rey, CA 90292
Telephone: (310) 827 2800
Facsimile: (310) 827 4200
E-mail: cyuhl@yuhlcarr.com
eyuhl@yuhlcarr.com
SERVIS ONE: Court Approves Dismissal of "Ryan" Suit
---------------------------------------------------
In the case, CHRISTOPHER RYAN, et al., Plaintiffs, v. SERVIS ONE,
INC. d/b/a BSI FINANCIAL SERVICES, Defendant, No. 2:16-cv-00078-
KJM-AC (E.D. Calif.), District Judge Kimberly J. Mueller granted
the parties' joint stipulation to dismiss with prejudice all of
the Plaintiffs' individual claims and allegations and to dismiss
all of the claims and allegations of the putative class members
without prejudice.
A copy of the Court's Order dated July 19, 2016 is available at
http://goo.gl/sgOXgcfrom Leagle.com.
The Court is satisfied that dismissal of the action will result in
no prejudice to the putative class members.
Christopher Ryan, et al., Plaintiffs, represented by Eric Andrew
Mercer -- eric@ericmercerlaw.com -- Mercer Legal, Kai H. Richter,
Nichols Kaster, PLLP, pro hac vice & Eleanor E. Frisch --
efrisch@nka.com -- Nichols Kaster, PLLP.
Servis One, Inc., Defendant, represented by Jarlath M. Curran,
II,-- jmc@severson.com -- Severson & Werson, Michael J. Steiner
-- mjs@severson.com -- Severson & Werson, Rebecca Snavely Saelao
-- rss@severson.com -- Severson & Werson & Elizabeth Holt Andrews
-- eha@severson.com -- Severson & Werson.
SPIRIT AEROSYSTEMS: "Raymond" Sues Over Age Discrimination
----------------------------------------------------------
Donetta Raymond, Frederick Heston, Jilun Sha, Randy Williams,
William Scott Denny, Debra Hatcher, Brian Marks, Russell Ballard,
Gregory Bucchin, Bruce Ensor, Forrest Faris, Cheryl Renee Gardner,
Clark T. Harbaugh, Craig Hoobler, Brian Scott Jackson, William
Koch, Fred Longan, David B. Miller, Kenneth L. Poole, Jr., Bahram
Rahbar, Russell Sprague, Craig Tolson, Robert Troilo And Curtis J.
Vines, on behalf of themselves and all others similarly situated,
Plaintiffs, v. Spirit Aerosystems Holdings, Inc. and Spirit
Aerosystems, Inc., Defendants, Case No. 6:16-cv-01282 (D. Kan.,
July 11, 2016), seeks front and back pay, liquidated damages,
compensatory, consequential damages and punitive damages,
injunctive and/or declaratory relief, pre-judgment and post-
judgment interest, attorneys' fees and costs, including expert
witness fees and such further and equitable relief under the Age
Discrimination in Employment Act and the Americans with
Disabilities Act and the Family and Medical Leave Act.
Spirit AeroSystems, Inc. is an aerospace manufacturer where
Plaintiffs worked as skilled, experienced, union-represented
aerospace workers. They challenge their termination from
employment on or about July 25, 2013, and Spirit's later exclusion
of them from new job openings due to their age.
Plaintiff is represented by:
Randall K. Rathbun
DEPEW GILLEN RATHBUN & MCINTEER LC
8301 East 21st Street North, Suite 450
Wichita, KS 67206
Tel: (316) 262-4000
Fax: (316) 265-3819
Email: randy@depewgillen.com
SPRAY FOAM GROUP: "Ramirez" Suit to Recover Overtime Pay
--------------------------------------------------------
Julio Cesar Hernandez Ramirez, individually and on behalf of all
others similarly situated, Plaintiffs, v. Spray Foam Group LLC
d/b/a A-1 Foam Spray Insulations Inc., Spray Foam Group USA PNC,
Sam Grunblatt and John Doe a/k/a Oswaldo, as individuals,
Defendants, Case No. CV-16-3844 (E.D. N.Y. July 11, 2016), seeks
compensatory and liquidated damages, interest, attorneys' fees,
costs and all other legal and equitable remedies under the Fair
Labor Standards Act and New York Labor Laws.
Defendant operates an insulation company located in 31 Warsoff
Place, Brooklyn, NY 11205, where Plaintiff worked as a
construction worker, insulation worker, chemical mixer and
cleaner. He claims to be denied overtime pay.
Plaintiff is represented by:
Roman Ayshalumov, Esq.
Puja Sharma, Esq.
HELEN F. DALTON & ASSOCIATES, PC
69-12 Austin Street
Forest Hills, NY 11375
Tel: 718-263-9591
Fax: 718-263-9598
ST. LOUIS RAMS: "Pudlowski" Case Belongs to District Court
----------------------------------------------------------
The United States Court of Appeals for the Eighth Circuit vacates
an order from the District Court for the Eastern District of
Missouri remanding the case, captioned, James Pudlowski, et al.,
on behalf of themselves and all others similarly situated
Respondents, v. The St. Louis Rams, LLC; The St. Louis Rams
Partnership; ITB Football Company, LLC Petitioners, No. 16-8009
(8th Circ.), to the Missouri state court, and instead ruled to
remand the case to the district court for further proceedings.
The case involves alleged violations of the Defendants' relocation
of their professional football team to Los Angeles, California,
where Defendants filed a notice of removal, seeking a federal
forum based on the jurisdiction that federal courts have pursuant
to the Class Action Fairness Act (CAFA). Once before the federal
district court, the plaintiffs moved the court to remand the case
to the state court based predominantly on a lack of minimal
diversity necessary to support CAFA jurisdiction. In the case, the
Defendants submitted two postremoval affidavits to demonstrate
diversity.
The Eight Circuit held that the district court abused its
discretion by refusing to consider the Petitioners' affidavits
simply on the ground that the Petitioners submitted the affidavits
postremoval. The Petitioners' notice of removal did not need to be
accompanied by a submission of evidence. The district court's
refusal to consider postremoval evidence prejudiced the
Petitioners by limiting their ability to prove their statutory
right to a federal forum.
A copy of the Eighth Circuit's decision dated July 19, 2016 is
available at http://goo.gl/HJggQRfrom Leagle.com.
Respondents James Pudlowski, Louis C. Cross, III, Gail Henry and
Steven Henry are represented by:
Steven J. Stolze, Esq.
HOLLAND LAW FIRM
300 N. Tucker, Suite 801
Saint Louis, MO 63101
Telephone: (314) 241-8111
E-mail: sstolze@allfela.com
- and -
Edward D. Robertson, Jr., Esq.
Anthony L. DeWitt, Esq.
Mary D. Winter, Esq.
BARTIMUS, FRICKLETON & ROBERTSON, P.C.
Jefferson City Office
715 Swifts Highway
Jefferson City, MO 65109
Toll Free: (888) 717-7575
Local: (573) 659-4454
Fax: (573) 659-4460
Petitioners The St. Louis Rams LLC, The St. Louis Rams Partnership
and ITB Football Company, LLC, are represented by:
Elizabeth Ferrick, Esq.
Roger K. Heindenreich, Esq.
Amy E. Sestric, Esq.
DENTONS US, LLP
3000 One Metropolitan Square
211 North Broadway
Saint Louis, MO 63102-0000
Telephone: (314) 259-5910
E-mail: elizabeth.ferrick@dentons.com
roger.heidenreich@dentons.com
amy.sestric@dentons.com
- and -
James A. Klenk, Esq.
Anders C. Wick, Esq.
DENTONS US LLP
7800 Sears Tower
233 S. Wacker Drive
Chicago, IL 60606-6404
Telephone: (312) 876-8000
E-mail: james.klenk@dentons.com
anders.wick@dentons.com
STERICYCLE INC: Firefighters Pension Sues Over Share Price Drop
---------------------------------------------------------------
St. Lucie County Fire District Firefighters' Pension Trust Fund
and Boynton Beach Firefighters' Pension Fund on behalf of
themselves and all others similarly situated, Plaintiff, v.
Stericycle, Inc., Charles A. Alutto, Dan Ginnetti, Brent Arnold,
Frank Ten Brink, Richard Kogler, Mark Miller, Jack W. Schuler,
Lynn Dorsey Bleil, Thomas D. Brown, Thomas F. Chen, Rodney
Dammeyer, William K. Hall, John Patience, Mike S. Zafirovski,
Merrill Lynch, Pierce, Fenner Smith Incorporated, Goldman, Sachs &
Co., J.P. Morgan Securities LLC, HSBC Securities (USA) Inc.,
Mitsubishi UFJ Securities (USA), Inc., Santander Investment
Securities Inc., SMBC Nikko Securities America, Inc., and U.S.
Bancorp Investments, Inc., Defendants, Case No. 1:16-cv-07145
(N.D. Ill., July 11, 2016), seeks compensatory damages, interest,
reasonable attorney's and expert's fees, rescission or a
recessionary measure of damages and such equitable/injunctive or
other further relief under the Securities Exchange Act.
Stericycle's primary business is as an international waste
management and disposal company that specializes in collecting and
disposing regulated waste, including medical, pharmaceutical, and
hazardous waste.
Defendants allegedly touted and misrepresented the Company's
financial health and growth prospects, concealing from investors
the fact that a material portion of Stericycle's revenues was
derived from fraudulent overcharging of its customers.
Plaintiff purchased Stericycle publicly traded securities between
February 7, 2013 and April 28, 2016. On October 22, 2015,
Stericycle released disappointing financial results for the
third quarter of 2015, resulting in the decline of their
depositary shares by 15.4% for an additional aggregate loss of
over $108 million.
The Plaintiff is represented by:
Avi Josefson, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
875 North Michigan Avenue, Suite 3100
Chicago, IL 60611
Telephone: (312) 373-3880
Facsimile: (312) 794-7801
Email: avi@blbglaw.com
- and -
Gerald H. Silk, Esq.
John Vielandi, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
Facsimile: (212) 554-1444
Email: jerry@blbglaw.com
john.vielandi@blbglaw.com
T-MOBILE USA: Class Cert. Bid Okayed; Settlement Denied for Now
---------------------------------------------------------------
District Judge Richard A. Jones of the United States District
Court for the Western District of Washington granted plaintiff
A.D.'s motion for certification of a settlement class but denied
the plaintiff's motion for preliminary approval of the settlement
in the case captioned, A.D., by and through his parents and
guardians, E.D. and H.D., individually, on behalf of similarly
situated individuals, and on behalf of T-MOBILE USA, INC. EMPLOYEE
BENEFIT PLAN, Plaintiff, v. T-MOBILE USA, INC. EMPLOYEE BENEFIT
PLAN; T-MOBILE USA, INC.; and UNITED HEALTHCARE SERVICES, INC.,
Defendants, Case No. 2:15-CV-00180-RAJ (W.D. Wash.).
In February 2015, Plaintiff A.D., by and through his parents and
guardians, E.D. and H.D., filed the case alleging that T-Mobile
USA, Inc. Employee Benefit Plan (Plan); T-Mobile USA, Inc., and
United Healthcare Services, Inc. (collectively, T-Mobile) failed
to comply with the Paul Wellstone and Pete Domenici Mental Health
Parity and Addiction Equity Act of 2008 (Parity Act). The Parity
Act generally requires group health plans and health insurance
issuers to cover medically necessary services to treat mental
health conditions as defined by the terms of the plan and in
accordance with applicable laws under the same terms and
conditions as medical and surgical services.
Plaintiff's complaint sets forth three claims for relief: (1)
breach of fiduciary duties pursuant to Employee Retirement Income
Security Act (ERISA); (2) recovery of benefits, clarification of
rights under terms of the plan, and clarification of rights to
future benefits under the plan pursuant to ERISA; and (3) to
enjoin acts and practices in violation of the terms of the plans,
to obtain other equitable relief, and to enforce the terms of the
plans pursuant to ERISA.
The parties agreed to resolve, on a class-wide basis, the criteria
for coverage on a prospective basis. The proposed Settlement
Agreement provides prospective relief following a "best practice"
model for delivery of ABA therapy, as well as a settlement fund of
$676,935.00 to address claims for reimbursement for any members
who paid for ABA services out-of-pocket. Any attorneys' fees,
costs, claims administration costs, and an incentive award will
also be drawn from this settlement fund.
In the motion, Plaintiff proposes a class of "All individuals who
have been, are, or will be participants or beneficiaries under the
T-Mobile USA, Inc. Employee Benefit Plan who have received,
require, or are expected to require Applied Behavior Analysis
(ABA) therapy for the treatment of autism and/or autism spectrum
disorder."
In his Order dated July 18, 2016 available at https://is.gd/XiNQ1L
from Leagle.com, Judge Jones found that the class should be
certified under Rule 23(b)(1). The Court reserved its ruling on
the incentive award until it has reviewed Plaintiff's motion for
attorney's fees to determine whether an award of up to $10,000 is
warranted.
Plaintiff may file a single, renewed motion that addresses the
concerns raised by the court no later than July 30, 2016.
A. D., Plaintiff, represented by Eleanor Hamburger, Esq. --
ehamburger@sylaw.com -- and -- Richard E. Spoonemore, Esq. -
espoonmore@sylaw.com -- SIRIANNI YOUTZ SPOONEMORE HAMBURGER
T-Mobile USA, Inc. Employee Benefit Plan, et al. are represented
by Katie Denise Fairchild, Esq. -- fairchildk@lanepoweel.com --
Ryan P. McBride, Esq. -- mcbrider@lanepowell.com -- and Barbara J.
Duffy, Esq. -- duffyb@lanepowell.com -- LANE POWELL PC
TARGET CORPORATION: Sued in Minn. Over 401(k) Plan Mismanagement
----------------------------------------------------------------
DOROTHEA SIMMONS, ANN DORMANI, and DAVID RIGOL, on behalf of the
Target Corporation 401(k) Plan, themselves, and a class consisting
of similarly situated participants of the Plan, the Plaintiffs, v.
TARGET CORPORATION, PLAN INVESTMENT COMMITTEE, JOHN J. MULLIGAN,
JOHN DOES, and RICHARD ROES, the Defendants, Case No. 0:16-cv-
02421 (D. Minn., July 15, 2016), seeks to recover financial losses
suffered by the Plan as a result of the diminution in value of
Company Stock invested in the Plan, and to restore to the Plan
funds that Participants would have received if the Plan's assets
had been invested prudently.
The Defendants allegedly knew that Target Stock was artificially
inflated; they nonetheless allowed and authorized the Plan to
purchase hundreds of millions of dollars' worth of Target Stock.
The Company made a series of reassuring statements about Target's
new Canadian stores and operations. These statements were
materially false and misleading and/or omitted to disclose: (a) at
the time of the opening of its first group of stores in Canada,
Target had significant problems with its supply chain
infrastructure, distribution centers, and technology systems, as
well as inadequately trained employees; (b) these problems caused
significant, pervasive issues, including excess inventory at
distribution centers and inadequate inventory at retail locations;
(c) this excess inventory at distribution centers and lack of
inventory at retail locations forced Target to discount heavily
products and incur heavy losses; and (d) these supply-chain and
personnel problems were not typical of newly launched locations in
Target's traditional U.S.-based market.
A 401(k) Plan is a retirement savings plan sponsored by an
employer. It lets workers save and invest a piece of their
paycheck before taxes are taken out. Taxes aren't paid until the
money is withdrawn from the account.
Target Corporation is the second-largest discount retailer in the
United States, behind Walmart.
The Plaintiff is represented by:
David E. Krause, Esq.
DAVID E. KRAUSE LAW OFFICE, CHTD.
2716 Colfax Avenue South
Minneapolis, MN 55408
Telephone: (612) 872 8446
E-mail: dkrause@davidkrauselaw.com
- and -
Lori G. Feldman, Esq.
Michael B. Ershowsky, Esq.
LEVI KORSINSKY LLP
30 Broad Street, 24th Floor
New York, NY 10004
Tel: (212) 363 7500
Fax: (212) 363 7171
E-mail: lfeldman@zlk.com
THINGS REMEMBERED: Appeal Filed From Denial of "Kaur" Class Cert.
-----------------------------------------------------------------
Plaintiff Kiran Kaur filed an appeal from a court ruling in the
lawsuit styled Kiran Kaur v. Things Remembered, Inc., Case No.
3:14-cv-05544-VC, in the U.S. District Court for Northern
California, San Francisco.
The Plaintiff seeks review of the District Court's April 20, 2016
order denying class action certification.
The appellate case is captioned as Kiran Kaur v. Things
Remembered, Inc., Case No. 16-16281, in the United States Court of
Appeals for the Ninth Circuit.
Plaintiffs Kiran Kaur and Rebecca Lagassey, individually, and on
behalf of other members of the general public similarly situated,
seek to represent seven subclasses involving over 3,100 non-
exempt, hourly employees, who have worked for the Defendant in its
Things Remembered stores in California and who, as a result of the
Defendant's alleged uniform illegal policies and practices, have
been subject to wage statement, regular rate of pay, meal period,
and rest break violations of the California Labor Code and related
case law.
In an April 20, 2016 Order, District Judge Vince Chhabria denied
Kaur's motion for class certification, saying the lawyers for the
plaintiff cannot be trusted to "prosecute the action vigorously"
on the unnamed plaintiffs' behalf, Hanlon v. Chrysler Corp., 150
F.3d 1011, 1020 (9th Cir. 1998), and therefore can't be trusted to
adequately represent the interests of the proposed class.
Plaintiff-Appellant Kiran Kaur is represented by:
Glenn A. Danas, Esq.
Robert Drexler, Esq.
Katherine Ward Kehr, Esq.
Bevin Allen Pike, Esq.
CAPSTONE LAW APC
1840 Century Park East, Suite 450
Los Angeles, CA 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
E-mail: Glenn.Danas@CapstoneLawyers.com
Robert.Drexler@Capstonelawyers.com
Katherine.Kehr@CapstoneLawyers.com
Bevin.Pike@capstonelawyers.com
Defendant-Appellee Things Remembered, Inc., is represented by:
Amanda N. Fu, Esq.
Marlene S. Muraco, Esq.
Kimberly Gee Ramos, Esq.
LITTLER MENDELSON P.C.
50 W. San Fernando Street
San Jose, CA 95113
Telephone: (408) 998-4150
E-mail: afu@littler.com
mmuraco@littler.com
kgee@littler.com
- and -
Alexa Woerner, Esq.
LITTLER MENDELSON, P.C.
1255 Treat Boulevard
Walnut Creek, CA 94597
Telephone: (925) 932-2468
E-mail: awoerner@littler.com
TOP CHOICE: Faces "Bright" Suit Under FLSA, Pa. Min. Wage Act
-------------------------------------------------------------
VANESSA BRIGHT, on behalf of herself and similarly situated
employees, v. TOP CHOICE HOME CARE LLC, Case 2:16-cv-03871-RBS
(E.D. Pa., July 18, 2016), seeks relief under the Fair Labor
Standards Act and the Pennsylvania Minimum Wage Act.
Defendant is in the business of providing home health, homecare
and companionship services to elderly, disabled, and/or homebound
individuals.
The Plaintiff is represented by:
Peter Winebrake, Esq.
Andrew R. Santillo, Esq.
Mark J. Gottesfeld, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
Phone: (215) 884-2491
- and -
Douglas Werman, Esq.
Maureen Salas, Esq.
WERMAN SALAS P.C
77 West Washington Street, Suite 1402
Chicago, IL 60602
Phone: (312) 419-1008
TRANSWORLD SYSTEMS: Court Dismisses "Lopez" Suit
------------------------------------------------
In the case, YVONNE LOPEZ, individually and on behalf of all
others similarly situated, Plaintiff, v. TRANSWORLD SYSTEMS, INC.,
Defendant, No. 16-CV-00210-KJM-EFB (E.D. Calif.), District Judge
Kimberly J. Mueller granted the parties' joint stipulation to
dismiss with prejudice all of the Plaintiff's individual claims
and allegations, and to dismiss all of the claims and allegations
of the putative class members without prejudice.
A copy of the Court's Order dated July 19, 2016 is available at
http://goo.gl/rRkhkNfrom Leagle.com.
The Court is satisfied that dismissal of the action will result in
no prejudice to the putative class members.
Yvonne Lopez, Plaintiff, represented by Todd M. Friedman --
tfriedman@attorneysforconsumers.com -- Law Offices of Todd M.
Friedman, P.C..
Transworld Systems, Inc., Defendant, represented by Debbie P.
Kirkpatrick -- dkirkpatrick@sessions-law.biz -- Sesions Fishman
Nathan & Israel, LLP.
UNITED STATES: Court Denies Class Certification Bid in "Atkins"
---------------------------------------------------------------
District Judge Catherine D. Perry of the United States District
Court for the Eastern District of Missouri denied Plaintiffs'
motion for class certification in the case captioned, ROBERT J.
ATKINS, et al., Plaintiffs, v. UNITED STATES OF AMERICA,
Defendant, Case No. 4:15 CV 933 CDP (E.D. Mo.).
Plaintiffs are owners of nine parcels of property along a 144.3-
mile corridor in the State of Missouri which was formerly used as
a railroad line by the Missouri Central Railroad Company and the
Central Midland Railway Company. Plaintiffs seek compensation for
the government's alleged taking of their private property for
public use when the Surface Transportation Board, following the
procedures set out in the National Trails System Act, authorized
use of an abandoned rail line as a recreational trail.
Plaintiffs seek to represent a class that would include themselves
and more than 325 other Missouri property owners whose property is
similarly situated along the former railroad line. In February of
2015 a Notice of Interim Trail Use (NITU) was issued, which
triggered plaintiffs' claim here. They contend that the use of the
National Trails System Act to allow the abandoned rail line to be
used as a trail interferes with their exclusive rights over their
properties and is therefore a government taking for which they are
owed compensation under the Fifth Amendment to the United States
Constitution.
In her Memorandum and Order dated July 18, 2016 available at
https://is.gd/Pf93H2 from Leagle.com, Judge Perry concluded that
the Plaintiffs failed to satisfy Fed. R. Civ. P. 23(b)(3) because
they failed to show that questions common to the class predominate
over questions affecting only individual members.
Robert J Atkins, et al. are represented by J. Robert Sears, Esq.,
at BAKER STERCHI COWDEN & RICE
The United States of America is represented by:
Edward Carlos Thomas, IV, Esq.
U.S. DEPARTMENT OF JUSTICE
950 Pennsylvania Avenue, NW, Room 2242
Washington, DC 20530-0001
Tel: (202) 514-2000
UPTOWN COMMUNICATIONS: Faces Suit Pursuant to FLSA, NY Labor Law
----------------------------------------------------------------
DUNBAR DAVIS and REGAN LAING, on behalf of themselves,
individually, and on behalf of all others similarly situated, v.
UPTOWN COMMUNICATIONS & ELECTRIC, INC., and JONATHAN SMOKLER, an
individual, and DANIEL GREENBERG, an individual, Case 1:16-cv-
03990-NGG-LB (E.D. N.Y., July 18, 2016), was filed pursuant to the
Fair Labor Standards Act and the overtime provisions of the New
York Labor Law.
Uptown Communications & Electric Inc. is a telecommunications
service in Brooklyn, New York.
The Plaintiff is represented by:
Shanshan Zheng, Esq.
Alexander T. Coleman, Esq.
Michael J. Borrelli, Esq.
BORRELLI & ASSOCIATES P.L.L.C.
1010 Northern Blvd., Suite 328
Great Neck, NY 11021
Phone: (516) 248-5550
VILLAGE OF LINCOLN HEIGHTS: "Maddox" Suit Goes to Mediation
-----------------------------------------------------------
The Supreme Court of Ohio referred the case, captioned, The State
ex rel. Maddox et al. v. The Village of Lincoln Heights et al.,
No. 2014-1267 (Ohio S.C.), to mediation as it lacked jurisdiction
to rule on the parties' joint motion for preliminary approval of a
class-action settlement consisting of money payments to class
members.
The case, which is returned for mediation, involves allegations
that several classes of people who currently work for and have
worked for the Defendant village have not been provided a variety
of employee benefits.
Article IV, Section 2(B)(1) of the Ohio Constitution does not
allow the Supreme Court to approve money settlements in the
context of an original action. The constitutional provision only
grants jurisdiction in mandamus to issue a writ ordering a
government officer to fulfill a duty imposed by law, but it does
not grant original jurisdiction to preside over the distribution
of money payments in lieu of or in conjunction with a writ.
A copy of the Court's decision dated July 19, 2016 is available at
http://goo.gl/9ouKHefrom Leagle.com.
Nilges Draher, L.L.C., Hans A. Nilges -- hans@ohlaborlaw.com and
Shannon M. Draher -- sdraher@ohlaborlaw.com ; and Barkan Meizlish
Handelman Gooden DeRose Wentz, L.L.P., Robert E. DeRose --
bderose@barkanmeizlish.com -- James Petroff --
jpetroff@barkanmeizlish.com and Robi J. Baishnab --
rbaishnab@barkanmeizlish.com for relators.
Reminger Co., L.P.A., Patrick Kasson -- pkasson@reminger.com --
Melvin Davis -- mdavis@reminger.com and Tyler Tarney --
ttarney@reminger.com -- for respondents.
WATER EVENT: "Wherry" Suit Seeks Overtime Pay
---------------------------------------------
Sandra Wherry, on behalf of, herself and all others similarly
situated, Plaintiff, V. Water Event Gulf Coast, LLC, Defendant,
Case No. DC-16-08229 (N.D. Tex., July 11, 2016), seeks injunctive
and declaratory relief, compensation and credit for all
uncompensated work required, liquidated and/or other damages,
penalties and interest and attorneys' fees and costs under the
Fair Labor Standards Act.
Wherry was employed by the Defendant as a Customer Service
Representative and claims to be denied overtime pay.
Plaintiff is represented by:
Gabrielle Klepper, Esq,
SPIELBERGER LAW GROUP
202 S. Hoover Blvd.
Tampa, FL 33609
Telephone: (800) 965-1570 ext. 126
Facsimile: (866) 580-7499
Email: Gabrielle.Klepper@spielbergerlawgroup.com
* No. of Securities Class Suit Filings Rises Due to M&A Challenges
------------------------------------------------------------------
Plaintiffs filed 119 new federal securities class action cases in
the first half of 2016, a 17 percent increase over the last half
of 2015, according to Securities Class Action Filings-2016 Midyear
Assessment, a new report released by Cornerstone Research and the
Stanford Law School Securities Class Action Clearinghouse.
The total represents an increase of 17 cases from the second half
of 2015, and 32 more than the first half of 2015. The 119 filings
were 27 percent higher than the semiannual average of 94 filings
observed between 1997 and 2015.
Federal filings of class actions involving mergers and
acquisitions increased to 24 in the first half of 2016-167 percent
above the second half of 2015, and significantly higher than the
semiannual range of five to nine filings from 2012 to 2015.
"At the current pace, M&A-related filings in federal courts will
double the annual numbers we have observed in the last four years.
The January 2016 Delaware Court of Chancery decision in Trulia,
which makes disclosure-only settlements more difficult to obtain,
may have increased the likelihood that plaintiffs will again seek
federal jurisdiction for M&A-related class actions," said Dr. John
Gould, a senior vice president of Cornerstone Research. "We are
releasing a report next week that looks in greater detail at M&A-
related shareholder actions in both federal and state venues."
"The data also show an interesting shift in Section 11 litigation
from federal to state court, an issue that could soon wind up
before the U.S. Supreme Court," according to Professor Joseph A.
Grundfest, director of the Stanford Law School Securities Class
Action Clearinghouse and former SEC Commissioner. "Plaintiffs have
obviously calculated that they are likely to achieve more
plaintiff-friendly outcomes in state court than in federal court,
and are using a range of jurisdictional maneuvers to try to steer
an increasing number of cases away from the federal forum. One
defendant who has been shut out of federal court has petitioned
the Supreme Court for a hearing, and if the Court grants the
petition its ruling could have a major effect on the future
evolution of Section 11 litigation."
In the first half of 2016, filings against S&P 500 companies were
more frequent than the historical average. If the current pace
continues, one in 16 companies (6 percent) would be the target of
a lawsuit by year end, the highest annual rate since 2008.
The Consumer Non-Cyclical sector again had the most filings with
43. The sector predominantly comprises biotechnology,
pharmaceutical, and healthcare companies. There were 32 filings
against companies in these subsectors.
Key Trends:
* Disclosure Dollar Loss (DDL), a measure of market capitalization
losses at the end of the class period, declined in contrast to the
increase in the number of class action filings. Total DDL was $43
billion in the first half of 2016, 39 percent below the second
half of 2015 and 28 percent below the historical semiannual
average of $60 billion.
* Maximum Dollar Loss (MDL), a measure of market capitalization
losses during the class period, was $331 billion, 11 percent above
the historical semiannual average MDL of $297 billion. For the
first time in the last 12 semiannual periods, MDL exceeded the
historical average.
* In the first half of 2016, two mega filings made up 27 percent
of DDL and 10 mega filings made up 58 percent of MDL,
respectively. (Filings with a DDL of at least $5 billion or an MDL
of at least $10 billion are considered mega filings.)
* On an annualized basis, filings against foreign issuers
increased from 2015 levels in spite of an absence of filings
against Chinese issuers, the most common foreign companies
targeted by class actions in recent years.
* The Ninth and Second Circuits made up 62 percent of filings in
the first six months of 2016. There were 38 filings in the Ninth
Circuit and 36 in the Second Circuit.
* Dismissal rates for 2013, 2014, and 2015 filing cohorts
increased over the first six months of 2016 compared to 2015 year-
end. The 2014 filing cohorts showed the most substantial increase,
from 14 percent at the end of 2015 to 34 percent currently.
Dr. Gould and Professor Grundfest are available to speak with the
media about Securities Class Action Filings-2016 Midyear
Assessment. The report can be downloaded from the Cornerstone
Research and the Stanford Law School Securities Class Action
Clearinghouse websites.
About Cornerstone Research
Cornerstone Research provides economic and financial consulting
and expert testimony in all phases of complex litigation and
regulatory proceedings. The firm works with an extensive network
of prominent faculty and industry practitioners to identify the
best-qualified expert for each assignment. Cornerstone Research
has earned a reputation for consistent high quality and
effectiveness by delivering rigorous, state-of-the-art analysis
for over 25 years. The firm has 600 staff and offices in Boston,
Chicago, London, Los Angeles, New York, San Francisco, Silicon
Valley, and Washington. Please visit Cornerstone Research's
website for more information about the firm's capabilities in
economic and financial consulting and expert testimony.
http://www.cornerstone.com
Twitter at @Cornerstone_Res
About the Stanford Law School
Securities Class Action Clearinghouse
The Securities Class Action Clearinghouse (SCAC) is an
authoritative source of data and analysis on the financial and
economic characteristics of federal securities fraud class action
litigation. The SCAC maintains a database of more than 4,200
securities class action lawsuits filed since passage of the
Private Securities Litigation Reform Act of 1995. The database
also contains copies of more than 45,000 complaints, briefs,
filings, and other litigation-related materials filed in these
cases.
securities.stanford.edu
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Marion
Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala,
Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo,
Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2016. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000 or Nina Novak at 202-362-8552.
* * * End of Transmission * * *