/raid1/www/Hosts/bankrupt/CAR

/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 * * *