/raid1/www/Hosts/bankrupt/CAR_Public/160804.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, August 4, 2016, Vol. 18, No. 155
Headlines
A TO Z WIRING: "Winston" Suit Seeks Damages Under FLSA
ACCEL HEATING: "Yanes" Suit to Recover Overtime Pay
ACCENT/JOHNSTON: Faces Texas Lawsuit Alleging Violation of FLSA
ADECCO USA: "Mims" Suit Seeks Minimum Wage Under Labor Act
ALAMEDA COUNTY, CA: Food Stamps Reporting Requirements Suspended
ALLEGHENY TECHNOLOGIES: Torre Seeks Overtime Pay Under FLSA
ALLSTATE INSURANCE: Faces "Sayles" Suit in M.D. Penn.
AMERICAN FAMILY MUTUAL: Riggins Seeks Class Certification
AMERICAN GENERAL: Petersen Seeks to Certify Class & Subclass
AMERICAN SCIENCE: Faces "Klein" Suit Over Sale to OSI Systems
ANGEL FUNDING: Certification of Class Sought in "Mackenzie" Suit
ANHEUSER-BUSCH COMPANIES: Vasquez Seeks Certification of Class
ANSELMO LINDBERG: Bid to Certify in "Kaufrinder" Suit Withdrawn
ARCELORMETAL: Settlement Class Certification Sought in "Maroz"
ARIZONA: Refugees File Class Suit over Medicaid
ARIZONA: Appeal Filed From Ruling in "Torres" Class Suit
ATLANTIC BUILDING: Faces "Guzman" Suit in E.D.N.Y.
ATMEL CORP: LFoundry Appeals From S.D.N.Y. Ruling to 2nd Circuit
AVA RESTAURANT: Cazares Seeks Certification of Class & Subclasses
B&B ICE: "Virden" Suit Seeks Unpaid Overtime Pay Under FLSA
BAILES CRAIG: Faces "Edwards" Suit in S.D. W. Virginia
BARACK OBAMA: Arunga Appeals From S.D. Texas Ruling to 5th Cir.
BELAIR CARE: Faces "Joseph" Suit in E.D.N.Y.
BROTHER INT'L: Hearing on Cert. Bid in "Hobbs" Suit on Aug. 22
CALIFORNIA: Endsley Seeks to Certify Class of Napa Patients
CAMP GLADIATOR: "Schoellhorn" Suit to Recover Overtime Pay
CAVALRY SPV: "Gordon" Suit Alleges Illegal Collection Practice
CENTRAL REFRIGERATED: Bid to Certify 4 Classes Denied
COLLINS ASSET: Sued in D. Tex. Over False Robo-Signed Affidavits
CONNECTICUT: Court Denied Class Certification Bid in Ebola Case
CONTEXTMEDIA INC: Griffith Seeks Certification of Class
COOK COUNTY, IL: Class of Prisoners Sought in "Williams" Suit
COOPER STREET: Faces "Snodgrass" Suit Alleging Violation of FLSA
CORESITE LLC: "Eseke" Seeks Monetary Damages Under Labor Code
CREDIT CONTROL: Faces "Ramos" Suit in E.D.N.Y.
CVS HEALTH CORP: Employees Sue over Cancer Chemotherapy Drugs
DE LAUNE DRILLING: 2 Classes Granted Conditional Cert. in "Gil"
DIALOGDIRECT INC: Serbay Seeks Certification of FLSA Class
DIRECT ENERGY: Faces "Getso" Suit in N.D. Tex.
DON ANTONIO: "Tavarez" Suit Seeks Unpaid Wages Under FLSA
E-TRADE FINANCIAL: Sued in S.D.N.Y. Over Order Routing Practice
EATON CORPORATION: Sued Over Artificially Inflated Stock Price
ENDOCHOICE HOLDINGS: "Bauer" Sues Over Share Price Drop
EXPEDITORS AND PRODUCTION: Certification of "Cox" Suit Class OK'd
EVERALBUM INC: Faces "Hylton" Suit in M.D. Fla.
EVERGLADES COLLEGE: Faces "Paoletti" Suit in S.D. Fla.
FCA US: Sued in N.Y. Over "Defective" Gear-Shifting Mechanism
FIAT CHRYSLER: Must Recall Jeep Grand Cherokee, Class Suit Says
FIDELITY NATIONAL: Faces "Downing" Suit in N.D. Ga.
FITNESS INTERNATIONAL: Sued Over Unsolicited Text Messages
FLOWERS FOODS: Amended Conditional Cert. Bid Filed in "Rodriguez"
FLOWERS FOODS: Zapata et al. Seek Conditional Class Certification
FLOWER FOODS: Carr et al. Seek Certification of FLSA Class
FORD MOTOR: Philips et al. Seek Certification of 3 Classes
FOX RESTAURANT: "Pae" Suit Seeks Overtime Pay Under Labor Code
GARDA CL: Class of Drivers & Messengers Certified in "Talbert"
GENESCO INC: Faces "Gomez" Suit in S.D. Fla.
GOODWILL ENTERPRISES: "Cooper" Suit to Recover Overtime Pay
GREATER NEW YORK: Erbabaev Seeks Minimum Wages Under Labor Code
GREEN LEAF: "Guo" Suit Seeks Overtime, Spread-of-Hours Pay
HOLLYWOOD POINTE: African-Asian Club Seeks Class Certification
IL MARE: Sued in N.Y. for Alleged FLSA, NY Labor Law Violations
INSPECTION DEPOT: 11th Circuit Appeal Filed in "Dang" Class Suit
J & J AIR: Court Certified Technicians Class in "Zurlo" Suit
JK & T WINGS: Class Certification Bid in Bartenders' Suit
JOSEPH CORY: "Vazquez" Suit Seeks Overtime Wages Under FLSA
KANSAS: Cromwell and Keener's Claims Dismissed as Moot
KANSAS: Court Denies Certification of 2 Classes in "Fish" Suit
KENNEDY-WILSON INC: Former Employee Files Class Action
KREATIVE THERAPY: Faces Suit in Fla. Alleging FLSA Violation
LIBERTY LIFE: Bush Moves for Certification of Class Under ERISA
LIBERTY MUTUAL: Court Granted Class Cert. Bid in "Laffollette"
LIBERTY POWER: Faces "Moore" Suit in N.D. Ill.
LIONS GATE: Retirement System Files Suit Over Merger with Starz
LPM HEALTHCARE: "Luna" Suit Seeks Compensation Under Labor Code
LUMBER LIQUIDATORS: Faces "Green" Suit in M.D. Fla.
LVNV FUNDING: Tabiti Renews Motion for Class Certification
M&R APPAREL: "Anguiano" Suit to Recover Overtime Pay
MACK'S SPORT: "Moore" Suit Moved from Cir. Ct. to E.D. Ark.
MARS INC: Certification of FCRA Class Sought in "Campbell" Suit
MEDREMIT INC: Boileve Seeks Certification of Class
MICHIGAN: Salem Seeks Certification of Class
MODANI FURNITURE: Trent Suit Seeks Unpaid OT Wages Under FLSA
MSK MANAGEMENT: "Amir" Suit Seeks Unpaid Wages Under FLSA
NATIONSTAR MORTGAGE: Davis Seeks to Certify 2 Classes & Subclass
NBTY INC: Sued in Fla. Over Unqualified "Made in USA" Products
NEW JERSEY: Appeal Filed in "Purpura" Suit v. Gov. Christie
NEW YORK: BOE Board Commissions Face "Stewart-Martinez" Suit
NORTHLAND GROUP: Faces "Kislin" Suit in D.N.J.
NORTHWEST COLLECTORS: Ceragioli Seeks Certification of Class
OREXIGEN THERAPEUTICS: Khoja Appeals S.D. Cal. Ruling to 9th Cir.
PALCO INC: "Wells" Suit Seeks Unpaid Overtime Wages Under FLSA
PROGRESSIVE INSURANCE: Faces "Williams" Suit in E.D. Mo.
QUALCOM INC: Settles Gender Bias Suit for $19.5 Million
QUEEN MARIE: Faces "Abreu" Suit in E.D.N.Y.
RAS ENERGY: Ortega Seeks Payment of Damages Under FLSA
RAWLINGS FINANCIAL: Papetti Appeals Ruling in New York Class Suit
RELX INC: Certification of TCPA Class Sought in "Mussat" Suit
REPUBLIC SCHOOLS: Skette Seeks Certification of Class & Subclass
ROTI RESTAURANTS: Lindner Seeks Certification of Customers Class
SANOFI: Meitav Files Appeal in Securities Suit Over 2013 Offering
SANTA CLARA, CA: Court Denied Class Cert. Bid in "Blake" Suit
SHELBY COUNTY: Faces "Robinett" Suit in E.D. Ark.
SNYDERS-LANCE INC: "Roxberry" Suit to Recover Overtime Pay
STATILE NURSERIES: Faces "Martinez-Luna" Suit in D.N.J.
TENNESSEE: Dept. of Corrections Officers Face "Graham" Suit
TH HEALTHCARE: Faces "Li" Lawsuit Alleging Violation of FLSA
TH HEALTHCARE: "Williams" Suit Seeks Unpaid Wages Under FLSA
TOSHIBA CORP: Appeal Filed From Court Ruling in "Stoyas" Suit
TRI STATE ROOFING: Faces Suit in S.D. Fla.
UBER TECHNOLOGIES: Faces "Hood" Suit for Misclassifying Drivers
UNITED RECOVERY: "WHITING" Suit Seeks Unpaid Wages Under FLSA
UNITED STATES: CAMC et al. Seek Certification of Taxpayers Class
UPMC: Settlement Class Certified in Cole's Wexford Hotel Suit
VA VA VOOM: "Carillo" Suit to Recover Overtime Pay
VOLKSWAGEN GROUP: Faces Class Action over Audi Defective Locks
VOLKSWAGEN GROUP: Washington State Slaps $176 Million Fine
*********
A TO Z WIRING: "Winston" Suit Seeks Damages Under FLSA
------------------------------------------------------
BRIAN WINSTON, on behalf of himself and those similarly situated,
the Plaintiff, v. A TO Z WIRING, LLC, the Defendant, Case No.
5:16-cv-00484-PGB-PRL (M.D. Fla., July 21, 2016), seeks to recover
compensatory and liquidated damages, attorney fees, and other
relief from Defendants for violations of the Fair Labor Standards
Act (FLSA).
The Plaintiff worked as a telecommunication installer for
Defendant between February 2016 and June 2016. The Defendant
failed to pay Plaintiff overtime pay for the overtime he worked.
Instead, Defendant routinely required the Plaintiff to work beyond
40 hours per week and failed to pay him time and one-half for any
hours he worked beyond 40 hours per week.
A TO Z is engaged in wire and cable industry.
The Plaintiff is represented by:
Matthew W. Birk, Esq.
THE LAW OFFICE OF
MATTHEW W. BIRK
309 Northeast First Street
Gainsville, FL, 32601
Telephone: (352) 244 2069
Facsimile: (352) 372 3464
ACCEL HEATING: "Yanes" Suit to Recover Overtime Pay
---------------------------------------------------
Carlos Yanes, Plaintiff, v. Accel Heating and Cooling, LLC and
Edward Riley, Sr. Defendants, Case No. 8:16-cv-02573 (D. Md., July
14, 2016), seeks to recover unpaid wages, liquidated damages,
interest, reasonable attorneys' fees and costs under the Federal
Fair Labor Standards Act of 1938, Maryland Wage Payment and
Collection Law and the Maryland Wage and Hour Law.
Accel Heating and Cooling, LLC is located in Gaithersburg,
Maryland and is engaged in the business of installing and
servicing heating and air-conditioning equipment. Plaintiff worked
as a technician. He claims to be denied overtime pay.
Plaintiff is represented by:
Joseph Spicer, Esq.
THE LAW OFFCES OF PETER T. NICHOLL
36 South Charles Street, Suite 1700
Baltimore, MD 21201
Tel: (410) 244-7005
Fax: (410) 244-8454
ACCENT/JOHNSTON: Faces Texas Lawsuit Alleging Violation of FLSA
---------------------------------------------------------------
CHIMEZIE OGBONNA, WALTER DWAYNE JACKSON, AND ALL OTHERS SIMILARLY
SITUATED UNDER 29 USC 216(b) v. ACCENT/JOHNSTON LIMOUSINE, INC.
d/b/a AJL INTERNATIONAL and MATTHEW JOHNSTON, Case 4:16-cv-00703-Y
(N.D. Tex., July 26, 2016), was filed pursuant to the Fair Labor
Standards Act.
Accent/Johnston Limousine, Inc. provides local limo transportation
in Fort Worth, Texas.
The Plaintiffs are represented by:
Drew N. Herrmann, Esq.
HERRMA LAW, PLLC
777 Main St., Suite 600
Fort Worth, TX 76102
Phone: (817) 479-9229
Fax: (817) 260-0801
E-mail: drew@herrmannlaw.com
- and -
Jerry Murad Jr., Esq.
LAW OFFICE OF JERRY MURAD
P.O. Box 470067
Fort Worth, TX 76147
Phone: 817-335-5691
Fax: 817-870-1162
E-mail: jerrymurad@mac.com
ADECCO USA: "Mims" Suit Seeks Minimum Wage Under Labor Act
----------------------------------------------------------
MICHELE MIMS, on behalf of herself and similarly situated
laborers, the Plaintiff, v. ADECCO USA, INC., the Defendant, Case
No. 2016-CH-09687 (Ill. Cir. Ct., July 22, 2016), seeks to recover
damages as a result of Defendant's failure to pay Plaintiff the
Illinois state and municipally mandated minimum wage.
The Plaintiff also seeks minimum compensation of four hours pay at
the agreed upon rate for a temporary laborer contracted to work
for a third party client company but was utilized for less than
four hours in violation of the Illinois Day and Temporary Labor
Services Act (IDTLSA).
Adecco provides workforce solutions in the United States.
The Plaintiff is represented by:
Neil Kelley, Esq.
Christopher J. Williams, Esq.
Alvar Ayala, Esq.
WORKERS' LAW OFFICE, PC
53 W. Jackson Blvd, Suite 701
Chicago, IL 60604
Telephone: (312) 795 9121
ALAMEDA COUNTY, CA: Food Stamps Reporting Requirements Suspended
----------------------------------------------------------------
Helen Christophi, writing for Courthouse News Service, reported
that a federal judge on July 29, temporarily suspended an order
that Alameda County report on its attempt to speed up processing
of food stamp applications, but refused to alter a second part of
the injunction.
The county sought to modify two provisions of a permanent
injunction: that its social services agency report on "pending,
expedited applications" for food stamps; and that it inform
applicants of the need to recertify their benefits to keep
receiving them.
U.S. District Judge James Donato on July 29, suspended the
reporting requirement for three months, but refused to touch the
recertification.
"It is a trivial, de minimis step consistent with the spirit of
the injunction," Donato said. "I think it will benefit the class,
and I have not heard a single thing that persuades me that Alameda
is put out even in the slightest."
Lead plaintiff Donald Ray Lilley's September 2015 class action
claimed Alameda County's tardy processing left more than 10,000
people waiting for benefits in the East Bay.
Donato in March ordered the county social services agency to
process food stamp applications faster.
Federal law requires that counties process applications for
CalFresh food stamp benefits within 30 days and emergency food
assistance requests within three days.
At the end of July 2015, Alameda County had 10,657 pending
CalFresh applications and ranked dead last among the state's 58
counties for processing requests on time, according to the state's
Department of Social Services.
The injunction requires the county to submit monthly reports to
plaintiffs' counsel on the number of applications received and
processed, and those not assigned to a caseworker within seven
days. If the percentage of applications denied exceeds the
percentage denied in the previous month by more than 10 percent,
the county must turn over a random sample of 30 cases to
plaintiffs' counsel to determine if the denials were properly
issued.
The Social Services Agency has increased its rate for processing
pending, expedited applications by 10 percent in the past six
months to a rate of 96 percent in June, the county said in a July
8 reply memorandum.
"The agency clearly does not need information about pending,
expedited applications to improve its timeliness rate," the county
said in the reply memorandum.
But Donato said he does not understand why the county refuses to
include language about recertification in its notice materials to
applicants.
Defendants' counsel Eri Reding said the recertification language
is unnecessary because CalFresh applicants already receive
information about it through multiple channels.
"It's not like there is a void of information on this topic," she
said.
"Why is a little extra [information] going to kill you?" Donato
asked, adding that making the changes would be easy. Changes to
electronic materials would need to be made just one time and
posters need be updated with a single sentence, he said.
Redding said application processing is a small part of the
CalFresh program, and that the plaintiffs' premise for including
recertification language could be applied to the other components
of the CalFresh program.
Donato was not persuaded.
"Typically, you draw the line when it is one step too far," the
judge said. "It is hard for me see how a little tiny change in
your applications one time is a step too far."
Plaintiffs' attorney Thomas Loran said the recertification
language is needed to protect applicants from unknowingly being
dropped from the system and learning only at the grocery store
that they can't pay for their food.
"It's a draconian outcome if it does happen," Loran said. "It's
difficult to come back from that and we wanted to be sure the
county has taken affirmative steps to make sure that is not
happening."
In their opposition to the county's motion to modify the
injunction, the plaintiffs said they tried to compromise with the
county by requiring that it update its posters and paper
applications only going forward, so it would not have to spend
money reprinting them, but the county rejected the compromise.
Attorney Loran -- thomas.loran@pillsburylaw.com -- is with
Pillsbury Winthrop Shaw & Pittman.
ALLEGHENY TECHNOLOGIES: Torre Seeks Overtime Pay Under FLSA
-----------------------------------------------------------
JOHNNY DE LA TORRE, individually and on behalf of all persons
similarly situated, the Plaintiff, v. ALLEGHENY TECHNOLOGIES, INC.
and STROM ENGINEERING CORPORATION, the Defendants, Case No. 2:16-
cv-01072-RCM (W.D. Penn., July 22, 2016), seeks to recover all
available relief including overtime compensation, liquidated
damages (or, alternatively, interest), and attorneys' fees and
costs under the Fair Labor Standards Act (FLSA) and Pennsylvania
law.
The Defendants knowingly failed to compensate Plaintiff and the
FLSA Class at a rate of one and one-half times their regular
hourly wage for hours worked in excess of 40 hours per week.
Allegheny Technologies is an American specialty metals company
headquartered in Pittsburgh, Pennsylvania, in the United States.
The Plaintiff is represented by:
Shanon J. Carson, Esq.
Sarah R. Schalman-Bergen, Esq.
Alexandra K. Piazza, Esq.
Camille Fundora, Esq.
James E. Goodley, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875 3000
Facsimile: (215) 875 4604
E-mail: scarson@bm.net
sschalman-bergen@bm.net
apiazza@bm.net
cfundora@bm.net
jgoodley@bm.net
ALLSTATE INSURANCE: Faces "Sayles" Suit in M.D. Penn.
-----------------------------------------------------
A lawsuit has been filed against Allstate Insurance Company. The
case is captioned Samantha Sayles, Individually and on behalf of
all other similarly situated, the Plaintiff, v. Allstate Insurance
Company, the Defendant, Case No. 3:16-cv-01534-ARC (M.D. Penn.,
July 25, 2016). The assigned Judge is Hon. A. Richard Caputo.
Allstate is a personal lines insurer in the United States.
The Plaintiff is represented by:
Charles Kannebecker, Esq.
WEINSTEIN SCHNEIDER
KANNEBECKER & LOKUTA
104 W. High St.
Milford, PA 18337
Telephone: (570) 296 6471
Facsimile: (570) 296 2653
E-mail: kannebecker@wskllawfirm.com
AMERICAN FAMILY MUTUAL: Riggins Seeks Class Certification
---------------------------------------------------------
Darnita Riggins in the lawsuit styled DARNITA RIGGINS,
individually and on behalf of all others similarly situated, the
Plaintiff, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, the
Defendant, Case No. 2:14-cv-04171-SRB (W.D. Mo.), asks the Court
to certify a Plaintiff class:
"All persons and entities insured under an American Family
homeowner's policy who received one or more "Actual Cash
Value" payments from American Family on May 21, 2004 or
later for physical loss or damage to their residence or
other structure located in Missouri, where in the
calculation of Actual Cash Value, the cost of labor was
depreciated.
Excluded from the class are those who: (1) received the limit
of insurance shown on the declarations page of their policy;
or (2) received any supplemental payments, other than additional
Actual Cash Value payments, on their claim; or (3) submitted their
claim for determination through the appraisal process provided in
the policy."
The Plaintiff also moves that she be appointed representative for
the class and that her lawyers, David T. Butsch and Christopher E.
Roberts of Butsch Roberts & Associates LLC and Joe D. Jacobson and
Allen P. Press of Jacobson Press & Fields P.C., be appointed class
counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=I5yQBneU
The Plaintiff is represented by:
David T. Butsch, Esq.
Christopher E. Roberts, Esq.
BUTSCH ROBERTS & ASSOCIATES LLC
231 South Bemiston Ave., Suite 260
Clayton, MO 63105
Telephone: (314) 863 5700
Facsimile: (314) 863 5711
E-mail: Butsch@ButschRoberts.com
Roberts@ButschRoberts.com
- and -
Joe D. Jacobson, Esq.
Allen P. Press, Esq.
JACOBSON PRESS & FIELDS, P.C.
168 North Meramec Avenue, Suite 700
Clayton, MO 63105
Telephone: (314) 899 9789
Facsimile: (314) 899 0282
E-mail: Jacobson@ArchCityLawyers.com
Press@ArchCityLawyers.com
AMERICAN GENERAL: Petersen Seeks to Certify Class & Subclass
------------------------------------------------------------
In the lawsuit styled EDWARDINE C. PETERSEN, on behalf of herself
and all others similarly situated, the Plaintiff, v. AMERICAN
GENERAL LIFE INSURANCE CO., the Defendant, Case No. 3:14-CV-100-J-
39JBT (M.D. Fla.), Edwardine C. Petersen asks the Court to certify
a class and subclass:
The Class:
"About 1,612 account holders, which are still active at
Direct Response Insurance Administration Services, Inc. as
of October 31, 2014."
The Electronic Payment Subclass:
"All Members of the above Class who had premium payments for
the American General Policy electronically withdrawn from
their bank accounts."
The Plaintiff also moves to appoint her as class representative,
and appoint the law firms of Donovan Litigation Group, LLC and
Varnell & Warwick, P.A. as class counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=JSiaPjY
The Plaintiff is represented by:
Gary J. Guzzi, Esq.
AKERMAN LLP
One Southeast Third Avenue, 25th Floor
Miami, FL 33131-1704
E-mail: Gary.guzzi@akerman.com
- and -
Jeffrey Grantham, Esq.
Thomas J. Butler, Esq.
MAYNARD COOPER & GALE, P.C.
1901 6th Avenue North
2400 Regions Harbert Plaza
Birmingham, AL 35203
E-mail: jgrantham@maynardcooper.com
tbutler@maynardcooper.com
AMERICAN SCIENCE: Faces "Klein" Suit Over Sale to OSI Systems
-------------------------------------------------------------
SHARON KLEIN, individually and on behalf of all others similarly
situated, v. AMERICAN SCIENCE AND ENGINEERING, INC., CHARLES P.
DOUGHERTY, HAMILTON W. HELMER, DON R. KANIA, JOHN SANDERS, ROBERT
N. SHADDOCK, MARK S. THOMPSON, and JENNIFER VOGEL, Case 1:16-cv-
11542 (D. Mass., July 26, 2016), alleges breaches of fiduciary duty
by AS&E's Board of Directors in connection with the sale of AS&E
to OSI Systems, Inc.
AMERICAN SCIENCE AND ENGINEERING, INC. is engaged in developing,
manufacturing, marketing and selling X-ray inspection and other
detection products.
The Plaintiff is represented by:
Mitchell J. Matorin, Esq.
MATORIN LAW OFFICE, LLC
18 Grove Street, Suite 5
Wellesley, MA 02482
Phone: (781) 453-0100
- and -
Joseph Levi, Esq.
Michael H. Rosner, Esq.
William J. Fields, Esq.
LEVI & KORSINSKY LLP
30 Broad Street, 24th Floor
New York, NY 10004
Phone: (212) 363-7500
Fax: (212) 363-7171
ANGEL FUNDING: Certification of Class Sought in "Mackenzie" Suit
----------------------------------------------------------------
Mackenzie Drake moves the Court for class certification of the
collective action styled, Mackenzie Drake individually and on
behalf of all persons similarly situated as class representative
under Illinois Law and/or as members of the Collective as
permitted under the Fair Labor Standards Act v. Angel Funding &
Leasing Inc. and Midwest Moving and Storage Inc., Case No. 1:16-
cv-05317 (N.D. Ill.).
Ms. Drake asks the Court to allow an opt-in period of 90 days.
She also asks the Court to order the Defendants to produce the
full names, aliases, addresses, phone numbers, email addresses and
last date(s) of performance of all potential putative class
members, who worked for the Defendants, and the last known work
and home physical and e-mail addresses and phone numbers of non-
Union "Movers," who worked for the Defendants for three years
prior to the date of the entry of the Order. She further seeks
approval of a notice based on a form she will submit and the
transmittal of that Notice to members of the class via U.S. Mail,
e-mail, and text message.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=5nJTd9qT
The Plaintiff is represented by:
John C. Ireland, Esq.
THE LAW OFFICE OF JOHN C. IRELAND
636 Spruce Street
South Elgin, IL 60177
Telephone: (630) 464-9675
Facsimile: (630) 206-0889
E-mail: attorneyireland@gmail.com
ANHEUSER-BUSCH COMPANIES: Vasquez Seeks Certification of Class
--------------------------------------------------------------
In the lawsuit styled DR. HENRY VAZQUEZ, et al., the Plaintiff(s),
v. ANHEUSER-BUSCH COMPANIES, the Defendant(s), Case No. 1:16-cv-
21181-UU (S.D. Fla.), the Plaintiff asks the Court to certify a
class:
"(1) a national class for claims of unjust enrichment, (2) a
Florida class for violations of the Florida Deceptive and
Unfair Trade Practices Act (FDUTPA) and punitive damages,
and (3) a Florida class for injunctive relief -- with all
classes defined as including retail consumers who purchased
Leffe beer within the United States (or Florida as
appropriate) for personal, family, or household purposes,
within four years prior to the filing of the Compliant in
the case."
The case involves consumer protection claims that arise from
uniform misrepresentations by the Defendant to all members of the
classes. The Defendant deceptively markets its Leffe Brown and
Leffe Blonde beer to the public as "authentic abbey ale" from the
Abbey de Leffe, when it is in fact a factory-produced mass
consumer product brewed at the Stella Artois Brewery in Leuven,
Belgium, and properly described as no more than a commercial
"abbey-style" beer.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=DKKFw5Td
The Plaintiff is represented by:
Patrick S. Montoya, Esq.
Ervin A. Gonzalez, Esq.
Natalie M. Rico, Esq.
William A. Bonner, Esq.
COLSON HICKS EIDSON, P.A.
255 Alhambra Circle, Penthouse
Coral Gables, FL 33134
Telephone: (305) 476 7400
Facsimile: (305) 476 7444
E-mail: patrick@colson.com
ervin@colson.com
natalie@colson.com
abonner@colson.com
The Defendant is represented by:
Stanley H. Wakshlag, Esq.
KENNY NACHWALTER, P.A.
Four Seasons Tower, Suite 1100
1441 Brickell Avenue
Miami, FL 33131
E-mail: swakshlag@knpa.com
- and -
James F. Bennett, Esq.
Hannah F. Preston, Esq.
DOWD BENNETT LLP
7733 Forsyth Blvd., Suite 1900
St. Louis, MO 63105
Telephone: (314) 889 7300
E-mail: jbennett@dowdbennett.com
hpreston@dowdbennett.com
ANSELMO LINDBERG: Bid to Certify in "Kaufrinder" Suit Withdrawn
---------------------------------------------------------------
The Clerk of the U.S. District Court for the Northern District of
Illinois made a docket entry on July 28, 2016, in the case
entitled Matthew Kaufrinder, et al. v. Anselmo Lindberg Oliver
LLC, Case No. 1:16-cv-02622 (N.D. Ill.), relating to a hearing
held before the Honorable Elaine E. Bucklo.
The minute entry states that pursuant to the stipulation agreed on
by the parties, the Plaintiffs' motion to certify class is
withdrawn without prejudice. The status hearing is reset from
July 29, 2016, to October 21, 2016, at 9:30 a.m.
A copy of the Notification of Docket Entry is available at no
charge at http://d.classactionreporternewsletter.com/u?f=oTaD352d
ARCELORMETAL: Settlement Class Certification Sought in "Maroz"
--------------------------------------------------------------
The Plaintiffs in the class action lawsuit styled VIKTORYIA MAROZ
& EDWARD TOLLIVER, ON BEHALF OF THEMSELVES AND ALL OTHERS
SIMILARLY SITUATED, the Plaintiffs, v. ARCELORMITTAL MONESSEN LLC,
A WHOLLY OWNED SUBSIDIARY OF ARCELORMITTAL USA, INC., the
Defendant, Case No. 2:15-cv-00770-AJS (W.D. Penn.), ask the Court
to conditionally certify a settlement class:
"All owners/occupants and renters of residential property
residing within one and one-half (1.5) miles of the
ArcelorMittal Monessen facility's property boundary."
As part of the settlement agreement, the parties have agreed to
appoint Liddle & Dubbin, P.C. and the Law Firm of James E.
Depasquale as class counsel and appoint Viktoryia Maroz and Edward
Tolliver as the class representatives.
The settlement agreement includes payments totaling $452,500 to be
allocated amongst the Plaintiff Class and $450,000 in improvement
measures.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=tbDlFWHA
The Plaintiff is represented by:
Steven D. Liddle, Esq.
Nicholas A. Coulson, Esq.
Brandon T. Brown, Esq.
LIDDLE & DUBIN PC
975 E. Jefferson Ave
Detroit, MI 48207
Telephone: (313) 392 0015
Facsimile: (313) 392 0025
E-mail: sliddle@ldclassaction.com
ncoulson@ldclassaction.com
bbrown@ldclassaction.com
- and -
James E. Depasquale, Esq.
E-mail: jim.depasquale@verizon.net
906 Grant Building
310 Grant Street
Pittsburg, PA 15219
Telephone: (412) 471 1415
ARIZONA: Refugees File Class Suit over Medicaid
-----------------------------------------------
Lourdes Medrano, writing for Courthouse News Service, reported
that Arizona's latest illegal attack on immigrants is to reduce
their Medicaid benefits to "emergency only," in violation of the
Constitution and the Medicaid Act, refugees say in Tucson federal
class action.
Lead plaintiffs Aita Darjee, a refugee from Nepal, and Alma
Sanchez Haro, a battered woman who has lived in the United States
for more than 20 years, are legal permanent residents who were
transferred to "emergency only" medical care despite no change in
their immigration status.
"These are persons who really don't have a lot of resources," said
their attorney Ellen Katz. "Many of these persons are refugees;
they came to the United States for humanitarian reasons."
Katz's clients sued Arizona Health Care Cost Containment System
(AHCCCS) Director Thomas Betlach, on July 22.
Depending on their legal status, some immigrants are eligible for
full Medicaid coverage while others qualify for medical care only
in emergencies. States need not participate in the Medicaid
program, but if they do, they must abide by the federal Medicare
and Social Security Acts.
Arizona has been violating these laws for at least 18 months, by
sending thousands of letters to poor immigrants, reducing their
Medicaid coverage to emergency-only, the complaint states.
The state admits this. When the refugees' attorneys protested in
an October 2015 letter to the state, "AHCCCS admitted it
identified over 3,500 immigrants improperly transferred to
emergency-only AHCCCS and reinstated these persons to full-scope
AHCCCS," according to the complaint.
However, it continues: "The improper reductions of immigrant
medical benefits from full-scope AHCCCS continue. As 2016
progressed, AHCCCS improperly reduced the medical benefits for
some immigrants a second time."
As a result, "participants with significant medical conditions,
including persons with diabetes, mental health conditions, asthma
and high blood pressure, have been left without needed medical
care."
One of them is Darjee, a 30-year-old Tucson resident who came to
the United States with her family in 2011. As refugees, Darjee,
her husband and their son became eligible for full AHCCCS
benefits. A year later they became permanent legal residents and
notified the state agency, which subsequently reduced their
benefits to emergency-only.
Their medical coverage was restored, but it was reduced again this
month. Darjee's husband, Dambar, has diabetes, high blood pressure
and asthma.
"They are very stressed over this situation," the lawsuit states.
"Plaintiff Darjee is especially worried about her husband."
Tucson resident Sanchez Haro, 48, received notice of her coverage
reduction in April. A victim of domestic violence, in 2003 she
received a special visa through the Violence Against Women Act,
which made her eligible for full AHCCCS benefits. In 2015, she
became a legal permanent resident and reported her change in legal
status to the agency.
Sanchez Haro, a diabetic who suffers from chronic depression and
other illnesses, called AHCCCS for an explanation and was told the
change occurred because she has been a permanent resident for less
than five years.
In 1996, Congress approved the Personal Responsibility and Work
Opportunity Reconciliation Act in a push to overhaul the nation's
welfare system. The legislation included eligibility changes for
immigrants, requiring them to live in the United States for five
years before qualifying for public benefits.
But the lawsuit notes that while immigrants who arrived in the
United States after August 1996 must meet the five-year
requirement, federal law exempts certain immigrants -- such as the
lead plaintiffs -- and makes them eligible for full AHCCCS
benefits.
"These mistakes should not be happening," Katz said. She said
AHCCCS has the information it needs about her clients and the
class, and presumably knows the law.
The refugees seek class certification, declaratory judgment that
AHCCCS is violating the Medicaid Act and the Due Process Clause of
the Constitution, reinstatement of full Medicaid benefits, an
injunction and costs of suit.
Katz, with the William E. Morris Institute for Justice in Phoenix,
is assisted by attorneys with the National Health Law Program in
Los Angeles.
AHCCCS officials could not be immediately reached for comment
July 26.
ARIZONA: Appeal Filed From Ruling in "Torres" Class Suit
--------------------------------------------------------
Plaintiffs Javier Torres and Lia Rivadeneyra, individually and on
behalf of all others similarly situated, filed an appeal from a
court ruling in the lawsuit entitled Javier Torres, et al. v.
Terry Goddard, et al., Case No. 2:06-cv-02482-SMM, in the U.S.
District Court for the District of Arizona, Phoenix.
The appellate case is captioned as Javier Torres, et al. v. Terry
Goddard, et al., Case No. 16-16315, in the United States Court of
Appeals for the Ninth Circuit.
The lawsuit arose from alleged violations of civil rights.
Terry Goddard is the former Attorney General for the state of
Arizona. Thomas C. Horne is the Attorney General of the state of
Arizona.
Plaintiffs-Appellants Javier Torres and Lia Rivadeneyra are
represented by:
Joshua Karsh, Esq.
Matthew J. Piers, Esq.
Kate Ellen Schwartz, Esq.
Christopher J. Wilmes, Esq.
HUGHES SOCOL PIERS RESNICK & DYM, LTD.
70 W Madison Street
Chicago, IL 60602
Telephone: (312) 580-0100
Facsimile: (312) 604-2631
E-mail: jkarsh@hsplegal.com
mpiers@hsplegal.com
kschwartz@hsplegal.com
cwilmes@hsplegal.com
Defendants-Appellees TERRY GODDARD, in his individual capacity,
CAMERON H. HOLMES, in his individual capacity, AKA Kip Holmes, and
THOMAS C. HORNE, Attorney General of the State of Arizona, are
represented by:
Michael Goodwin, Esq.
David Daniel Weinzweig, Esq.
ARIZONA ATTORNEY GENERAL'S OFFICE
1275 West Washington Street
Phoenix, AZ 85007
Telephone: (602) 542-7989
Facsimile: (602) 364-2214
E-mail: Michael.Goodwin@azag.gov
david.weinzweig@azag.gov
ATLANTIC BUILDING: Faces "Guzman" Suit in E.D.N.Y.
--------------------------------------------------
A lawsuit has been filed against Atlantic Building and
Construction Corp. The case is captioned German E Guzman, on
behalf of himself and on behalf of all others similarly-situated,
the Plaintiff, v. Atlantic Building and Construction Corp. and
Anthony Nolan, the Defendants, Case No. 1:16-cv-04121 (E.D.N.Y.,
July 25, 2016).
Atlantic Building is an electrical contractor that offers circuit
breaker repair, new home wiring, and deck lighting.
The Plaintiff appears pro se.
ATMEL CORP: LFoundry Appeals From S.D.N.Y. Ruling to 2nd Circuit
----------------------------------------------------------------
Plaintiffs Jean Yves Guerrini and LFoundry Rousset, SAS, filed an
appeal from a court ruling in the lawsuit titled Lfoundry Rousset
SAS v. Atmel Corporation, Case No. 14-cv-1476, in the U.S.
District Court for the Southern District of New York (New York
City).
As reported in the Class Action Reporter, on March 4, 2014, LFR
and Jean-Yves Guerrini, individually and on behalf of a putative
class of LFR employees, filed an action in the District Court
against the Company and others. The case purports to relate to
Atmel Rousset's June 2010 sale of its wafer manufacturing facility
in Rousset, France, to LFoundry GmbH, LFR's German parent, and
LFR's subsequent insolvency, and later liquidation, more than
three years later.
The appellate case is captioned as Lfoundry Rousset SAS v. Atmel
Corporation, Case No. 16-2566, in the United States Court of
Appeals for the Second Circuit.
Plaintiffs-Appellants Jean Yves Guerrini and LFoundry Rousset,
SAS, are represented by:
Philippe Pradal, Esq.
PRADAL & ASSOCIATES PLLC
112 West 34th Street
New York, NY 10120
Telephone: (212) 502-6773
E-mail: philippe.pradal@pradallaw.com
Defendants-Appellees Atmel Corporation and Atmel Rousset, SAS, are
represented by:
Michael Lacovara, Esq.
FRESHFIELDS BRUCKHAUS DERINGER US LLP
601 Lexington Avenue
New York, NY 10022
Telephone: (212) 277-4000
E-mail: michael.lacovara@freshfields.com
Defendant-Appellee LFoundry GMBH is represented by:
Gregory F. Hauser, Esq.
WUERSCH & GERING LLP
100 Wall Street
New York, NY 10005
Telephone: (212) 509-4717
Facsimile: (212) 509-9559
E-mail: gregory.hauser@wg-law.com
AVA RESTAURANT: Cazares Seeks Certification of Class & Subclasses
-----------------------------------------------------------------
The Plaintiffs in the lawsuit captioned EMMANUEL CAZARES and ERICK
PEREZ, Individually and on Behalf of All Others Similarly Situated
v. AVA RESTAURANT CORP. d/b/a BUCCANEER DINER and COSTAS ALEXIOU,
Jointly and Severally, Case No. 1:15-cv-00477-KAM-RML (E.D.N.Y.),
move the Court for an order:
(1) certifying the Plaintiffs' New York Labor Law claims for
unpaid overtime premiums, failure to provide wage notices
and wage statements, and spread-of-hours claims accruing
on or after January 1, 2011 (Counts IV-VII) on behalf of a
class defined as:
all servers, bussers, dishwashers, delivery employees,
food preparers and cooks who worked at Buccaneer Diner at
any time from January 30, 2009 through the present (the
"Class");
(2) certifying the Plaintiffs' NYLL claims for unpaid minimum
wage and such spread-of-hours claims as accrued prior to
January 1, 2011 (Counts III, V) (the "Minimum Wage Claims"
or "Subclass Claims") on behalf of a sub-class defined as:
all servers, bussers, dishwashers, delivery employees,
food preparers and cooks who worked at Buccaneer Diner at
any time from January 30, 2009 through the present (the
"Minimum Wage Subclass"); and
(3) appointing the Plaintiffs as class representatives for the
Class and the Minimum Wage Subclass and appointing the
Plaintiffs' counsel, Pelton Graham LLC, as Class Counsel;
The Plaintiffs also ask the Court to approve their proposed notice
of pendency of class action, and to direct the Defendants to
furnish to the Plaintiffs in electronically readable form the
names, addresses, phone numbers, email addresses, dates of
employment and job positions/titles of all members of the Class so
that the Plaintiffs can issue class notice.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=II86WZoC
The Plaintiffs are represented by:
Brent E. Pelton, Esq.
Taylor B. Graham, Esq.
PELTON GRAHAM LLC
111 Broadway, Suite 1503 New York, New York 10006
Telephone: (212) 385-9700
Facsimile: (212) 385-0800
E-mail: pelton@peltongraham.com
graham@peltongraham.com
B&B ICE: "Virden" Suit Seeks Unpaid Overtime Pay Under FLSA
-----------------------------------------------------------
CHARLES VIRDEN, KISER ANDREWS, AND JOHNSON SCOTT, III, the
Plaintiffs, v. B&B ICE OF TAMPA BAY, INC., A FOREIGN CORPORATION,
the Defendant, Case No. 1:16-cv-02674-AT (N.D. Ga., July 24,
2016), seeks to recover unpaid overtime compensation, liquidated
damages, declaratory relief, and other relief under the Fair Labor
Standards Act (FLSA).
The Plaintiffs were primarily day paid employees working as
drivers for Defendant in the greater Atlanta area. The Plaintiffs'
and the other drivers' compensation was primarily a day rate
compensation, with a small commission depending on the number of
bags of ice delivered to customers. Under the FLSA, day rate paid
employees are entitled to overtime compensation. The Plaintiffs
and the other drivers are entitled to overtime compensation for
their overtime hours worked on behalf of Defendant.
B&B Ice engages in wholesale and retail of Nondurable Goods such
as cosmetics and cleaning products, food, fuel, and office
supplies.
The Plaintiff is represented by:
C. Ryan Morgan, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Ave., 14th Floor
P.O. Box 4979
Orlando, FL 32802-4979
Telephone: (407) 420 1414
Facsimile: (407) 245 3401
E-mail: RMorgan@forthepeople.com
BAILES CRAIG: Faces "Edwards" Suit in S.D. W. Virginia
------------------------------------------------------
A lawsuit has been filed against Bailes, Craig & Yon, PLLC. The
case is captioned Dwayne C. Edwards, on behalf of himself and
others similarly situated, the Plaintiff, v. Bailes, Craig & Yon,
PLLC, the Defendant, Case No. 3:16-cv-06671 (S.D. W. Va., July 26,
2016). The assigned Judge is Hon. Robert C. Chambers.
Bailes Craig is a firm serving Huntington in administrative law,
arbitration and banking law cases.
The Plaintiff is represented by:
Christopher B. Frost, Esq.
Jed Robert Nolan, Esq.
Ralph C. Young, Jr.
Steven Broadwater, Jr.
HAMILTON BURGESS
YOUNG & POLLARD
P. O. Box 959
Fayetteville, WV 25840
Telephone: (304) 574 2727
Facsimile: (304) 574 3709
E-mail: cfrost@hamiltonburgess.com
jnolan@hamiltonburgess.com
ryoung@hamiltonburgess.com
sbroadwater@hamiltonburgess.com
BARACK OBAMA: Arunga Appeals From S.D. Texas Ruling to 5th Cir.
---------------------------------------------------------------
Plaintiff James Aggrey-Kweggyir Arunga, and all Other Allies of
the United States of America, Similarly Situated, filed an appeal
from a court ruling in the lawsuit styled United States Government
v. Barack Obama, et al., Case No. 1:16-CV-119, in the U.S.
District Court for the Southern District of Texas, Brownsville.
The appellate case is captioned as United States Government v.
Barack Obama, et al., Case No. 16-41077, in the U.S. Court of
Appeals for the Fifth Circuit.
The nature of suit is stated as "Other forfeitures and penalty
suits."
The Defendants-Appellees are BARACK HUSSEIN OBAMA, 7+years
Imperial Administrations and Expulsions Fuzes of President Barack
Hussein Obama and Vice President "Joe" Biden; JOSEPH "JOE" BIDEN,
7+years Imperial Administrations and Expulsions Fuzes of President
Barack Hussein Obama and Vice President Joseph "Joe" Biden; S.
BREYER, Scoutus Dictum Expulsion Fainaiguing Fuzes; R. B.
GINSBURG, Scoutus Dictum Expulsion Fainaiguing Fuzes; E. KAGAN,
Scoutus Dictum Expulsion Fainaiguing Fuzes; A. M. KENNEDY, Scoutus
Dictum Expulsion Fainaiguing Fuzes; AMERICAN CIVIL LIBERTY UNION
(ACLU)/LYNCH & GUPTA, Special Counsel; BAGNIO OF LGBT HOMOSEXUAL
STATE-CLAN; CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL
SECURITY; and DONALD TRUMP, Populous Presidential Primary Paid Off
Election-Expulsions/Stateswide Wins as Moot, Null and Void Fuzes.
BELAIR CARE: Faces "Joseph" Suit in E.D.N.Y.
--------------------------------------------
A lawsuit has been filed against Belair Care Center, Inc. The case
is styled George Joseph, on behalf of himself and on behalf of all
others similarly-situated, the Plaintiff, v. Belair Care Center,
Inc., the Defendant, Case No. 2:16-cv-04125 (E.D.N.Y., July 25,
2016).
Belair is a nursing home located in Bellmore, New York.
The Plaintiff appears pro se.
BROTHER INT'L: Hearing on Cert. Bid in "Hobbs" Suit on Aug. 22
--------------------------------------------------------------
The Honorable Philip S. Gutierrez granted the Plaintiff's ex parte
application to advance the hearing date on his motion for class
certification from September 12, 2016, to August 22, 2016, in the
lawsuit styled KENNETH HOBBS, on behalf of himself and all others
similarly situated v. BROTHER INTERNATIONAL CORPORATION; and DOES
1 through 10, inclusive, Case No. 2:15-cv-01866-PSG-MRW (C.D.
Cal.).
The Plaintiff's Motion for Class Certification will now be heard
on August 22, 2016, at 1:30 p.m. All opposition and reply paper
deadlines relating to that motion will be contingent on the August
22, 2016 hearing date.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=9r0dYgdL
The Plaintiff is represented by:
Allen Felahy, Esq.
FELAHY TRIAL LAWYERS, APC
4000 Cover Street, Suite 120
Long Beach, CA 90808
Telephone: (562) 499-2121
Facsimile: (562) 499-2124
E-mail: afelahy@felahylaw.com
- and -
Yashdeep Singh, Esq.
YASH LAW GROUP
3 Pointe Drive, Suite 304
Brea, CA 92821
Telephone: (714) 494-6244
Facsimile: (714) 406-2722
E-mail: ysingh@yashlaw.com
The Defendants are represented by:
Layne H. Melzer, Esq.
Lucas K. Hori, Esq.
RUTAN & TUCKER
611 Anton Boulevard, Suite 1400
Costa Mesa, CA 92626-1931
E-mail: lmelzer@rutan.com
lhori@rutan.com
CALIFORNIA: Endsley Seeks to Certify Class of Napa Patients
-----------------------------------------------------------
The Plaintiff in the lawsuit captioned MARC ANTHONY LOWELL
ENDSLEY, and all other Non-LPS patients who are or may be
committed to Napa State Hospital, et al. v. THE CALIFORNIA
DEPARTMENT OF STATE HOSPITALS, and THE STATE OF CALIFORNIA by and
through EDMUND G. BROWN, sued in his official and individual
capacities, and DOLLY MATTEUCCI, and PAM AHLIN, sued in their
individual capacities, Case No. 5:16-cv-O4219-NC (N.D. Cal.),
filed with the Court a motion for class action certification
pursuant to Rule 23 of the Federal Rules of Civil Procedure.
Marc Endsley alleges that the putative class members' confining
institution affords very restricted movement, and that they are
generally afforded no grounds at all, and virtually no opportunity
to socialize with other members of the patient population outside
of groups.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=Q7ARCYeL
CAMP GLADIATOR: "Schoellhorn" Suit to Recover Overtime Pay
----------------------------------------------------------
Shannon Schoellhorn, on behalf of herself and others similarly
situated, Plaintiffs, v. Camp Gladiator, Inc., Defendant, Case No.
3:16-cv-02064 (N.D. Tex., July 15, 2016), seeks to recover
overtime compensation owed, pre- and post-judgment interest,
attorneys' fees and costs of court pursuant to the Fair Labor
Standards Act, as well as economic, actual and treble damages
under the Texas Deceptive Trade Practices Act.
Camp Gladiator is a Texas corporation, doing business in the
states of Texas, Oklahoma, Florida, Louisiana, and North Carolina.
It operates "bootcamp" style outdoor fitness classes.
Plaintiff is represented by:
Ashley E. Tremain,. Esq.
Carmen Artaza, Esq.
Ashley E. Tremain, Esq.
Texas State Bar No. 24066204
4925 Greenville Ave., Ste. 200
Dallas, TX 75206
Telephone: 469-573-0229
Facsimile: 214-254-4941
Email: carmen@tremainartaza.com
ashley@tremainartaza.com
CAVALRY SPV: "Gordon" Suit Alleges Illegal Collection Practice
--------------------------------------------------------------
Jody Gordon, f/k/a Jody Siekman, on behalf of herself and all
others similarly situated, Plaintiff v. Cavalry SPV I, LLC.,
Defendant, Case No. 16-2251 (D. Mass., July 18, 2016) seeks
damages, interest, reasonable attorney's fees and costs,
declaratory and injunctive relief and such further relief for
violation of the Fair Debt Collection Practices Act.
Defendant attempted to collect a defaulted consumer debt from the
Plaintiff. Defendant was not licensed by the Massachusetts
Division of Banks as a debt collector.
Cavalry is a limited liability company organized under the laws of
the State of Delaware, having a principal place of business in
Valhalla, New York, and conducting business in the Commonwealth of
Massachusetts.
Plaintiff is represented by:
Kenneth D. Quat, Esq.
QUAT LAW OFFICES
929 Worcester Rd.
Framingham MA 0170 l
Tel: 508-872-1261
Email: ken@quatlaw.com
- and -
Josef C. Culik, Esq.
CULIK LAW PC
225 Franklin St., 26th Floor
Boston, MA 02114
Email: jculik@culiklaw.com
CENTRAL REFRIGERATED: Bid to Certify 4 Classes Denied
-----------------------------------------------------
In the lawsuit styled Robin Anderson, the Plaintiff, v. Central
Refrigerated Service, Inc. et al., the Defendants, Case No. 5:14-
cv-02062-VAP-SP (C.D. Cal.), the Hon. Virginia A. Phillips denied
Plaintiff's motion for class certification:
1. Title VII Gender Discrimination Class
"All females who applied for a driver position with Central
Refrigerated Service (CRS) between April 10, 2012, and the
present, who were rejected for employment for failing to
pass the 'Work Well' physical strength test, or who were
deterred from continuing with the pre-work screening
process due to the requirement to pass the test as a
prerequisite for employment."
2. California Gender Discrimination Class
"All female residents of California who applied for a driver
position with CRS between October 8, 2010, and the present,
who were rejected for employment for failing to pass the
'Work Well' physical strength test, or who were deterred
from continuing with the pre-work screening process due to
the requirement to pass the test as a prerequisite for
employment."
3. California Age Discrimination Class
"All residents of California who applied for a driver
position with CRS between October 8, 2010, and the present,
who were over 40 years old and were rejected for employment
for failing to pass the 'Work Well' physical strength test,
or who were deterred from completing the pre-work screening
process due to the requirement that they pass the test as a
prerequisite for employment."
4. Age Discrimination in Employment Act Age Discrimination Class
"All individuals who applied for a driver position with CRS
between April 10, 2010, and the present, who were over 40
years old at the time and were rejected for employment for
failing to pass the 'Work Well' physical strength test, or
who were deterred from completing the pre-work screening
process due to the requirement that they pass the test as a
prerequisite for employment."
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=CvCk4RcO
COLLINS ASSET: Sued in D. Tex. Over False Robo-Signed Affidavits
----------------------------------------------------------------
TEXAS FRAUDULENT JUDGMENT VICTIMS and All Others Similarly
Situated, the Plaintiff, v. COLLINS ASSET GROUP LLC, the
Defendant, Case No. DC-16-08776 (D. Tex., July 21, 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.
Collins Asset 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
CONNECTICUT: Court Denied Class Certification Bid in Ebola Case
---------------------------------------------------------------
The Hon. Alfred V. Covello entered an order denying the
Plaintiffs' motion for class certification in the lawsuit styled
LIBERIAN COMMUNITY ASSOCIATION OF CONNECTICUT, et al., the
Plaintiffs, v. GOVERNOR DANNEL MALLOY, et al., the Defendants,
Case No. 3:16-cv-00201-AVC (D. Conn.).
The Plaintiffs defined the class as:
"all individuals who will travel or intend to travel from
Liberia, Sierra Leone, and Guinea ("Ebola-affected
countries") to Connecticut and are at risk of Defendants
Malloy and Pino subjecting them to an unlawful and
scientifically unjustified quarantine, pursuant to
Defendants' quarantine policies and practice."
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=urGpCwSn
CONTEXTMEDIA INC: Griffith Seeks Certification of Class
-------------------------------------------------------
In the lawsuit styled CHRISTY GRIFFITH, individually and on behalf
of all others similarly situated, the Plaintiff, v. CONTEXTMEDIA,
INC., and DOES 1-25, Defendant, Case No. 1:16-cv-02900 (N.D.
Ill.), the Plaintiff asks the Court to certify a class:
"Plaintiff and all persons within the United States to whose
cellular telephone number Defendant ContextMedia, Inc.
sent, in the past four years, a text message, other than an
opt-out confirmation text message, using an automatic
telephone dialing system, after Defendant's records, or the
records of any entity with whom Defendant contracted to
provide text messaging services, indicate Defendant or that
entity received a text message containing the word "STOP"
from that cellular telephone number."
The Plaintiff further asks the Court to enter an order:
(1) allowing for and scheduling discovery to take place on
class-wide issues; and
(2) granting leave to file an amended motion upon the
conclusion of discovery relating to certification
issues.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=6TanFan8
The Plaintiff is represented by:
Jeremy M. Glapion, Esq.
THE GLAPION LAW FIRM, LLC
1704 Maxwell Drive
Wall, NJ 07719
Telephone: 732.455.9737
Facsimile: 732.709.5150
E-mail: jmg@glapionlaw.com
COOK COUNTY, IL: Class of Prisoners Sought in "Williams" Suit
-------------------------------------------------------------
The Plaintiff in the lawsuit titled Walter Williams, individually
and for a class v. Sheriff of Cook County and Cook County,
Illinois, Case No. 1:16-cv-07639 (N.D. Ill.), moves the Court to
certify this class:
All persons currently confined at the Cook County Jail, or
who will in the future be confined at the Jail, who have
been referred by a dentist at the Jail for an extraction by
an oral surgeon and have not been treated by an oral
surgeon.
Mr. Williams is presently confined as a pre-trial detainee at the
Cook County as prisoner number 2013-0714069.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=3fSwucAm
The Plaintiff is represented by:
Kenneth N. Flaxman, Esq.
Joel A. Flaxman, Esq.
LAW OFFICES OF KENNETH N. FLAXMAN P.C.
200 S. Michigan, Suite 202
Chicago, IL 60604
Telephone: (312) 427-3200
Facsimile: (312) 427-3930
E-mail: knf@kenlaw.com
COOPER STREET: Faces "Snodgrass" Suit Alleging Violation of FLSA
----------------------------------------------------------------
GRAYSON SNODGRASS, on behalf of himself and all other persons
similarly situated, known and unknown, v. COOPER STREET COOKIES,
LLC, and MAX SURNOW, a Michigan for-profit limited liability
company and its corporate officer, Case. No. 2:16-cv-12766-GER-DRG
(E.D. Mich., July 26, 2016), seeks to recover alleged unpaid
wages, an award of liquidated damages, and reasonable attorneys'
fees and costs under the Fair Labor Standards Act.
Cooper Street Cookies is made from all natural ingredients with a
minimal sprinkling of sugar for taste.
The Plaintiff is represented by:
Bryan Yaldou, Esq.
Omar Badr, Esq.
LAW OFFICES OF BRYAN YALDOU, PLLC
23000 Telegraph, Suite 5
Brownstown, MI 48134
Phone: (734) 692-9200
Fax: (734) 692-9201
E-mail: bryan@yaldoulaw.com
CORESITE LLC: "Eseke" Seeks Monetary Damages Under Labor Code
-------------------------------------------------------------
ROBERT ESEKE; individually, and on behalf of other members of the
general public similarly situated, the Plaintiff, v, CORESITE,
L.L.C., an unknown business entity; and DOES 1-100, inclusive, the
Defendants, Case No. 0:15-cv-62634-PAS (S.D. Fla., July 22, 2016),
seeks to recover monetary damages and restitution including
compensatory damages, penalties, wages, premium pay, and pro rata
share of attorneys' fees of less than $75,000, under California
Labor Code.
The Plaintiff and the other class members worked in excess of
eight hours in a day, and/or in excess of 40 hours in a week. The
Defendants intentionally and willfully failed to pay overtime
wages owed to Plaintiff and the other class members, including
failing to properly calculate the overtime rate.
Coresite provides data center management and collocation services.
The Plaintiff is represented by:
Edwin Aiwazian, Esq
LAWYERS for JUSTICE, PC
410 West Arden Avenue, Suite 203
Glendale, CA 91203
Telephone: (818) 265 1020
Facsimile: (818) 265 1021
CREDIT CONTROL: Faces "Ramos" Suit in E.D.N.Y.
----------------------------------------------
A lawsuit has been filed against Credit Control, LLC. The case is
captioned Henry A. Ramos and Roxann Ramos, Individually and on
behalf of all other similarly situated, the Plaintiff, v. Credit
Control, LLC, a Missouri Limited Liability Company, and John and
Jane Does 1-10, the Defendants, Case No. 2:16-cv-04098-JMA-SIL
(E.D.N.Y., July 25, 2016). The assigned Judge is Hon. Joan M.
Azrack.
Credit Control is a St. Louis credit collection service that
offers debt collections, accounts receivables management, and
security.
The Plaintiff is represented by:
Abraham Kleinman, Esq.
KLEINMAN, LLC
626 RXR Plaza
Uniondale, NY 11556-0626
Telephone: (516) 522 2621
Facsimile: (888) 522 1692
E-mail: akleinman@kleinmanllc.com
CVS HEALTH CORP: Employees Sue over Cancer Chemotherapy Drugs
-------------------------------------------------------------
Courthouse News Service reported that CVS Health Corp. fails to
protect its pharmacy employees from cancer chemotherapy drugs, a
pharmacist claims in a class action in Santa Ana Calif. Orange
County Court.
DE LAUNE DRILLING: 2 Classes Granted Conditional Cert. in "Gil"
---------------------------------------------------------------
In the class action lawsuit styled RICARDO GIL JR., PABLO ALANIZ
JR., JUAN ORTIZ, LUCAS LOPEZ, and ANGEL ARREDONDO, individually
and on behalf of others similarly situated, the Plaintiff, v. DE
LAUNE DRILLING SERVICE, LTD., DE LAUNE DRILLING SERVICE MANAGEMENT
CO. LLC, BERNIE DE LAUNE, AND MARK LAUNE, the Defendant, Case No.
2:16-cv-00071 (S.D. Tex.), the Court granted conditional
certification to two classes defined as:
a) All Drilling Hands who worked for De Laune and were
classified as exempt from the Fair Labor Standards Act's
overtime pay requirements at any time before 3 years from
the date of mailing, and continuing, therafter, through
the date on which final judgment is entered in the action
and who timely file a written consent To be a party to
the action; and
b) All Tool Pushers who worked for De Laune and were
classified as exempt from the Fair Labor Standards Act's
overtime pay requirements at any time before the 3 years
from the date of mailing, and continuing thereafter the
date on which final judgment is entered in the action and
who timely file a written consent to be a party to the
action.
The Court approved the notices and consent form jointly submitted
by the parties. The Court also ordered the Defendant to provide
Plaintiffs a complete electronic list of class members.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=B4CivhBX
DIALOGDIRECT INC: Serbay Seeks Certification of FLSA Class
----------------------------------------------------------
The Plaintiff in the class action lawsuit styled JENNIFER L.
SERBAY, individually, and on behalf of others similarly situated,
Plaintiff, v. DIALOGDIRECT, INC., a Delaware corporation, and
ALLEGRA DIRECT COMMUNICATIONS, INC., a Michigan corporation, the
Defendants, Case No. 2:16-cv-12716-AC-EAS (E.D. Mich.), asks the
Court to enter an order:
(1) conditionally certifying a collective FLSA class;
(2) implementing a procedure whereby Court-approved Notice
of Plaintiff's Fair Labor Standards Act (FLSA) claim
is sent (via US Mail and e-mail) to:
all similarly situated current and former hourly
customer service representatives who worked for
Defendants at any time during the last three years;
and
(3) requiring Defendants to identify all potential opt-in
Plaintiffs by providing names, last known addresses,
dates of employment, job titles, phone numbers, and
email addresses in an electronic and importable format
within 10 days of the entry of the order.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=MWSZo7kD
The Plaintiff is represented by:
Kevin J. Stoops, Esq.
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, Suite 1700
Southfield, MI 48076
Telephone: (248) 355 3000
E-mail: kstoops@sommerspc.com
jyoung@sommerspc.com
The Defendant is represented by:
Matthew S. Disbrow, Esq.
HONIGMAN MILLER SCHWARTZ
AND COHN, LLP
660 Woodward Avenue,
2290 First National Building
Detroit, MI 48226-3506
DIRECT ENERGY: Faces "Getso" Suit in N.D. Tex.
----------------------------------------------
A lawsuit has been filed against Direct Energy LP. The case is
titled Angele Getso, on behalf of herself and all others similarly
situated, the Plaintiff, v. Direct Energy LP, the Defendant, Case
No. 3:16-cv-02142-K (N.D. Tex., July 25, 2016). The assigned Judge
is Hon. Ed Kinkeade.
Direct Energy offers electricity, natural gas and home services.
The Plaintiff is represented by:
Jeremy Matthew Glapion, Esq.
THE GLAPION LAW FIRM
1704 Maxwell Drive
Wall, NJ 07719
Telephone: (732) 455 9737
Facsimile: (732) 709 5150
E-mail: jmg@glapionlaw.com
DON ANTONIO: "Tavarez" Suit Seeks Unpaid Wages Under FLSA
---------------------------------------------------------
CRISTIAN TAVAREZ, Individually and on behalf of others similarly
situated, the Plaintiff, v. ROBERT CAPORUSCIO, Individually, and
DON ANTONIO RESTAURANT, LLC, d/b/a DON ANTONIO by Starita, the
Defendants, Case No. 1:16-cv-05812 (S.D.N.Y., July 21, 2016),
seeks to recover unpaid wages and related damages for unpaid
minimum wage and overtime hours.
The Plaintiff was employed by Defendant as food
preparation/kitchen worker and deliveryman, pursuant to the Fair
Labor Standards Act (FLSA). The Defendant allegedly failed to pay
the Plaintiff one and one-half times their regular rate of pay for
hours worked in excess of 40 hours per workweek.
Don Antonio operates a restaurant located at New York, New York.
The Plaintiff is represented by:
Darren P.B. Runmack, Esq.
THE KELIN LAW GROUP
11 Broadway, Suite 960
New York, NY 10004
Telephone: (212) 344 9022
Facsimile: (212) 344 0301
E-TRADE FINANCIAL: Sued in S.D.N.Y. Over Order Routing Practice
---------------------------------------------------------------
CRAIG L. SCHWAB, Individually and on Behalf of All Others
Similarly Situated, the Plaintiff, v. E-TRADE FINANCIAL
CORPORATION, E-TRADE SECURITIES LLC, PAUL T. IDZIK, and DAVID
HERBERT, the Defendants, Case No. 1:16-cv-05891 (S.D.N.Y., July
22, 2016), seeks to recover the value Plaintiff lost on account of
the self-interested practice of order routing by the Defendants,
pursuant to the Exchange Act.
E-Trade's routing practices of maximizing revenue has been a
lucrative endeavor for the Company. Between 2011 through 2015, E-
Trade generated approximately $366 million in order flow revenue.
Accordingly, from at least 2011, E-Trade routed its clients' non-
directed orders without giving due consideration to its duty of
best execution, and in a course of routine practice to maximize
its own revenue.
E-Trade is a financial services company that provides brokerage
and related products and services primarily to individual retail
investors.
The Plaintiff is represented by:
Christopher J. Kupka, Esq.
Eduard Korsinsky, Esq.
LEVI & KORSINSKY, LLP
30 Broad Street, 24th Floor
New York, NY 10004
Telephone: (212) 363 7500
Facsimile: (212) 363 7171
EATON CORPORATION: Sued Over Artificially Inflated Stock Price
--------------------------------------------------------------
STEAMFITTERS LOCAL 449 PENSION PLAN, Individually and on Behalf of
All Others Similarly Situated, the Plaintiff, v. EATON CORPORATION
PLC, ALEXANDER CUTLER, and RICHARD FEARON, the Defendants, Case
No. 1:16-cv-05894 (S.D.N.Y., July 22, 2016), seeks to pursue
remedies under the Securities Exchange Act of 1934 (Exchange Act).
In 2012, the Company engaged in a merger with Irish headquartered
Cooper Industries plc., which reincorporated the Company in
Ireland. In response to questions regarding the effect of the
Merger on the Company's ability to spin-off its businesses, Eaton
executives falsely assured investors and the market of the
continued feasibility of divesting the Company's automobile-part
manufacturing business on a tax-free basis. This prospect was key
to investors' and analysts' ability to value the Company. As a
result, Eaton and its executives artificially inflated the price
of Eaton stock.
Eaton is an Ireland-based manufacturer of engineered products
marketed to customers in the industrial, agricultural,
construction, aerospace, and vehicle markets. The Company's
products include hydraulic equipment, fluid connectors, electrical
distribution equipment, and engine components.
The Plaintiff is represented by:
Christopher J. Keller, Esq.
Eric J. Belfi, Esq.
Michael W. Stocker, Esq.
Francis P. McConville, Esq.
LABATON SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907 0700
Facsimile: (212) 818 0477
E-mail: ckeller@labaton.com
ebelfi@labaton.com
mstocker@labaton.com
fmcconville@labaton.com
ENDOCHOICE HOLDINGS: "Bauer" Sues Over Share Price Drop
-------------------------------------------------------
Jesse L. Bauer, Individually and on Behalf of All Others Similarly
Situated, Plaintiff, v. Endochoice Holdings, Inc., Mark G.
Gilreath, David N. Gill, R. Scott Huennekens, James R. Balkcom,
Jr., J. Scott Carter, D. Scott Davis, Uri Geiger, David L.
Kaufman, Rurik G. Vandevenne, J.P. Morgan Securities LLC, Merrill
Lynch, Pierce, Fenner & Smith Incorporated, William Blair &
Company, L.L.C. and Stifel, Nicolaus & Company, Incorporated,
Defendants, Case No. 2016-CV-277772 (M.D. Ga., July 18, 2016),
seeks damages in connection with purchases of shares, pre-judgment
and post-judgment interest, reasonable attorneys' fees, expert
witness fees and other costs and disbursements and such other and
further relief under the Securities Act of 1933.
EndoChoice is a medical device company that designs and
commercializes various products for gastrointestinal caregivers.
Its flagship product is its Fuse(R) endoscopy system, a full
spectrum endoscopy system allowing gastrointestinal specialists to
see more than standard, forward-viewing colonoscopies. Company
failed to disclose that Fuse sales declined at the time of its
initial public offering.
Plaintiff is represented by:
Robert W. Killorin, Esq.
ROBERT W. KILLORIN, ATTORNEY AT LAW
5587 Benton Woods Dr.
Atlanta, GA, 30342-1308
Telephone: 404-847-0617
Email: rwk@bellsouth.net
- and -
Thomas L. Laughlin, Esq.
Joseph V. Halloran, Esq.
SCOTT+SCOTT, ATTORNEYS AT LAW, LLP
The Chrysler Building
405 Lexington Avenue, 40th Floor
New York, NY 10174
Telephone: 212-223-6444
Facsimile: 212-223-6334
Email: tlaughlin@scott-scott.com
jhalloran@scott-scott.com
- and -
David R. Scott, Esq.
SCOTT+SCOTT, ATTORNEYS AT LAW, LLP
156 South Main Street
P.O. Box 192
Colchester, CT 06415
Telephone: 860-537-5537
Facsimile: 860-537-4432
Email: david.scott@scott-scott.com
EXPEDITORS AND PRODUCTION: Certification of "Cox" Suit Class OK'd
-----------------------------------------------------------------
The Magistrate Judge Patrick J. Hanna granted conditional class
certification in the lawsuit styled THOMAS COX, individually and
on behalf of all others similarly situated v. EXPEDITORS AND
PRODUCTION SERVICES COMPANY AND, EPS FLOWBACK SERVICES, LLC, Case
No. 6:16-cv-00454-PJH (W.D. La.).
Judge Hanna granted conditional certification as to all Flowback
Operators and Pump Operators of EPS Flowback, LLC employed from
July 26, 2013, to the present. Judge Hanna authorized the
dissemination by first class U.S. Mail and by e-mail the proposed
Notice and Consent to Join Forms in accordance with certain
schedule.
If any written notices that are sent to a Potential Class Member
are returned as undeliverable, then the Defendant must produce to
the Plaintiff the last known phone number of record for such
person or persons, provided that the production will only be
required if the Plaintiff and the Defendant are able to reach an
agreement or stipulation as to a script for telephone
communication with such person or persons, Judge Hanna ordered.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=RQYXhaBb
EVERALBUM INC: Faces "Hylton" Suit in M.D. Fla.
-----------------------------------------------
A lawsuit has been filed against Everalbum, Inc. The case is
captioned Racquel Hylton, individually and on behalf of all other
similarly situated, the Plaintiff, v. Everalbum, Inc., a Delaware
Corporation, the Defendant, Case No. 6:16-cv-01346-GKS-KRS (M.D.
Fla., July 26, 2016). The assigned Senior Judge is Hon. G. Kendall
Sharp.
Everalbum designs and develops a mobile application to gather
phone, desktop, and Facebook photos all in one place that is
accessible by phone, desktop, and tablet. The company was
incorporated in 2013 and is based in San Francisco, California.
The Plaintiff is represented by:
Edmund A. Normand, Esq.
Jacob Lawrence Phillips, Esq.
NORMAND LAW, PLLC
62 W. Colonial St., Suite 209
Orlando, FL 32814
Telephone: (407) 603 6031
E-mail: ed@ednormand.com
EVERGLADES COLLEGE: Faces "Paoletti" Suit in S.D. Fla.
------------------------------------------------------
A lawsuit has been filed against Everglades College, Inc. The case
is captioned JOHN PAOLETTI, c/o David P. Healy 3522 Thomasville
Rd., Suite 301 Tallahassee, FL 32309, (850) 222 5400, individually
and on behalf all others similarly situated, the Plaintiff, v.
EVERGLADES COLLEGE, INC. doing business as Keiser University, a
Florida not-for profit corporation, the Defendant, Case No. 0:16-
cv-61777-BB (S.D. Fla., July 25, 2016). The assigned Judge is Hon.
Beth Bloom.
Everglades offers bachelor's and master's degree programs online
and on-campus.
The Plaintiff is represented by:
David Patrick Healy, Esq.
2846-B Remington Green Circle
Tallahassee, FL 32308
Telephone: (850) 222 5400
Facsimile: (850) 222 7339
E-mail: dhealy@davidhealylaw.com
FCA US: Sued in N.Y. Over "Defective" Gear-Shifting Mechanism
-------------------------------------------------------------
JANELLA MACK and MICHAEL CRUZ, on behalf of themselves and all
others similarly situated, v. FCA US LLC, a Delaware Limited
Liability Company, Case 2:16-cv-04133 (E.D.N.Y., July 26, 2016),
alleges that the Defendant installed defective and dangerous gear-
shifting mechanism in its 2014-15 Jeep Grand Cherokees, 2012-14
Dodge Chargers, and 2012-14 Chrysler 300 sedans.
FCA US LLC is an automaker.
The Plaintiffs are represented by:
Stephen J. Fearon Jr., Esq.
32 East 57th Street
12th Floor
New York, NY 10022
Phone: (212) 421-6492
E-mail: stephen@sfclasslaw.com
- and -
WEXLER WALLACE LLP
55 W. Monroe Street, Suite 3300
Chicago, IL 60603
Phone: (312) 346-2222
E-mail: eaw@wexlerwallace.com
aek@wexlerwallace.com
tjs@wexlerwallace.com
- and -
Gregory F. Coleman, Esq.
Mark E. Silvey, Esq.
GREG COLEMAN LAW PC
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Phone: (865) 522-0049
E-mail: greg@gregcolemanlaw.com
mark@gregcolemanlaw.com
- and -
John A. Yanchunis, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Phone: (813) 223-5505
E-mail: jyanchunis@ForThePeople.com
FIAT CHRYSLER: Must Recall Jeep Grand Cherokee, Class Suit Says
---------------------------------------------------------------
Nick Divito, writing for Courthouse News Service, reported that
in the wake of a fatal accident involving a Jeep Grand Cherokee
that took a young Star Trek actor's life, a lawsuit filed in
Brooklyn is demanding the vehicle be recalled by manufacturers.
In July 2015, the federal government slapped Fiat Chrysler
Automobiles with a record $105 million judgment to spur an
overhaul of the automaker's safety and recall practices. But the
controversy over the safety of FCA vehicles flared anew on June
19, when the 27-year-old actor Star Trek actor Anton Yelchin was
fatally pinned by his car after it rolled down the steep driveway
of his L.A. home.
In a class action filed in Brooklyn Federal Court on July 26,
Grand Cherokee owners Janella Mack and Michael Cruz say it's high
time something is done about their vehicle's safety defect.
"This case concerns the simple task of shifting a vehicle into
park," their attorneys opined in the opening of their complaint.
"FCA has taken the simple process, traditionally straightforward
and free from confusion, and implemented a defective and dangerous
gear-shifting mechanism."
"In short, FCA replaced the traditional gearshift with a joystick
and failed to consider the implications to consumer safety," the
plaintiffs say.
Fiat Chrysler called the lawsuit moot, noting it has already
implemented the sought-after remedy.
"Moreover, the vehicles addressed in this action are among the
most valued and sought after vehicles on the road today," the
company said in a statement. "Allegations that their resale value
is somehow diminished by a recall are completely unsubstantiated."
FCA had installed the new e-shift gearshifts in its 2014-2015
models of Jeep Grand Cherokees, 2012-2014 Dodge Charges, and its
2012-2014 Chrysler 300 sedans. But, plaintiffs argue, the e-shift
system never truly shifts or locks into a gear position when the
car is turned off, putting nearly a million drivers at risk
because they will "inadvertently fail to park their vehicles while
their vehicle is still running."
Plaintiffs say that because the e-shift system doesn't work like
traditional gear shifts, hundreds of unknowing drivers have left
their cars thinking they were pushed into park, and that the cars
rolled away without them. Plaintiffs say other competing car
manufacturers have successfully implemented similar electronic
gear shift assemblies that automatically puts the car they're
driving into neutral when the driver's door is opened or the foot
brake is released. Such a safety other manufactures have
implemented "prevents the type of rollaway incidents that plague
owners of the defective vehicles and illustrates the necessity of
designing fail-safe mechanisms for unfamiliar new vehicle
technologies."
The situation creates an "unreasonable risk of harm to drivers,
passengers and bystanders," attorneys say.
The plaintiffs want restitution, and an order to force FCA to
issue a warning not to drive its vehicles.
They are represented by Stephen Fearon Jr. --
stephen@sfclasslaw.com -- with Squitieri Fearon in Manhattan.
FIDELITY NATIONAL: Faces "Downing" Suit in N.D. Ga.
---------------------------------------------------
A lawsuit has been filed against Fidelity National Title Insurance
Company. The case is captioned William D. Downing, on Behalf of
Himself and All Others Similarly Situate, the Plaintiff, v.
Fidelity National Title Insurance Company, Chicago Title Insurance
Company, Commonwealth Land Title Insurance Company, First American
Title Insurance Company, Old Republic National Title Insurance
Company, Stewart Title Guaranty Company, the Defendant, Case No.
3:16-cv-00119-TCB (N.D. Ga., July 26, 2016). The assigned Judge is
Hon. Timothy C. Batten, Sr.
Fidelity National provides title insurance, underwriting, escrow,
and closing services.
The Plaintiff is represented by:
Jeffrey L. Berhold, Esq.
JEFFREY L. BERHOLD, P.C.
1230 Peachtree Street, Suite 1050
Atlanta, GA 30309
Telephone: (404) 872 3800
Facsimile: (678) 868 2021
E-mail: jeff@berhold.com
- and -
William Thomas Lacy, Jr.
THE LACY LAW FIRM P.C.
P.O. Box 3078, Suite 300
2002 Commerce Drive
Peachtree City, GA 30269
Telephone: (770) 486 8445
Facsimile: (770) 486 8889
E-mail: tlacy@lacyfirm.com
FITNESS INTERNATIONAL: Sued Over Unsolicited Text Messages
----------------------------------------------------------
ARI SMELKINSON, individually and on behalf of all others similarly
situated, the Plaintiffs, v. FITNESS INTERNATIONAL, LLC d/b/a LA
Fitness, the Defendants, Case No. 8:16-cv-01365 (C.D. Cal., July
22, 2016), seeks to recover damages under the Telephone Consumer
Protection Act against the Defendant.
Around May and June 2016, Plaintiff placed a phone call to an LA
Fitness facility in Stuart, Florida. The Plaintiff inquired over
the telephone about the LA Fitness facility. Plaintiff did not
provide prior express written consent to LA Fitness to send him
text messages on his cell phone. The Plaintiff received text
messages on his cell phone with a 772 area code. The text messages
marketed LA Fitness's products and services, including personal
training sessions and gym membership.
LA Fitness provides a variety of fitness products and services.
Among other things, LA Fitness's products and services include
workout facilities, personal training, and workout apparel.
The Plaintiff is represented by:
Caleb L. Marker, Esq.
ZIMMERMAN REED, LLP
2381 Rosecrans Avenue, Suite 328
Manhattan Beach, CA 90245
Telephone: (877) 500 8780
Facsimile: (888) 490 7750
E-mail: caleb.marker@zimmreed.com
FLOWERS FOODS: Amended Conditional Cert. Bid Filed in "Rodriguez"
-----------------------------------------------------------------
In the class action lawsuit styled DAVID RODRIGUEZ, GREG EDEL,
JESUS RODRIGUEZ, and ROLAN RODRIGUEZ, Individually and on Behalf
of all Others Similarly Situated, the Plaintiffs, v. FLOWERS
FOODS, INC. and FLOWERS BAKING CO. OF HOUSTON, LLC, the
Defendants, Case No. 4:16-cv-00245 (S.D. Tex.), the Plaintiffs
filed an amended motion for conditional certification of, and
issuance of a Court-approved notice to, the following class:
"current and former individuals who were employed by
Defendants as Distributors and classified as independent
contractors and who did not receive proper overtime pay."
The Plaintiffs further ask the Court to:
1) require Defendant to post the Notice at its facility
in areas plainly visible to employees;
2) require Defendants to provide the last known names
and addresses for all current and former workers within
the potential class;
3) order Defendants to produce information within seven
days of granting the motion, and in a usable electronic
form to reduce any delays in sending out the notices; and
4) authorize Plaintiffs to mail the notice along with a
self-addressed stamped return envelope to Kennard
Richard, P.C., to potential opt-in class members.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=Ijj1NMlX
The Plaintiff is represented by:
Alfonso Kennard, Jr.
Arnoldo J. Rodriguez, Jr.
KENNARD RICHARD PC
2603 Augusta Drive, 14th Floor
Houston, TX 77057
Telephone: (713) 742 0900
Facsimile: (713) 742 0951
E-mail: Alfonso.kennard@kennardlaw.com
aj.rodriguez@kennardlaw.com
FLOWERS FOODS: Zapata et al. Seek Conditional Class Certification
-----------------------------------------------------------------
In the class action lawsuit styled RAUL ZAPATA, HUGO GALDAMEZ,
XAVIER GUTIERREZ, ARMANDO CUEVAS, CANDELARIO LOPEZ, GILBERTO
LOPEZ, JULIO CORONA-GUZMAN, JOHN FONTENOT, STEVE ELLIS, JERRY
THOMAS and PABLO RUIZ RUBIO Individually and on Behalf of all
Others Similarly Situated, the Plaintiffs, v. FLOWERS FOODS, INC.
and FLOWERS BAKING CO. OF HOUSTON, LLC, the Defendants, Case No.
4:16-cv-00676 (S.D. Tex.), the Plaintiffs seek conditional
certification and issuance of a Court-approved notice to the
following class:
"current and former individuals who were employed by
Defendants as Distributors and classified as independent
contractors and who did not receive proper overtime pay."
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=SfMX01Kf
The Plaintiff is represented by:
Alfonso Kennard, Jr.
Arnoldo J. Rodriguez, Jr.
KENNARD RICHARD PC
2603 Augusta Drive, 14th Floor
Houston, TX 77057
Telephone: (713) 742 0900
Facsimile: (713) 742 0951
E-mail: Alfonso.kennard@kennardlaw.com
aj.rodriguez@kennardlaw.com
FLOWER FOODS: Carr et al. Seek Certification of FLSA Class
----------------------------------------------------------
In the lawsuit titled MATTHEW CARR, TERRY CARR, DAVID TUMBLIN, and
GREGORY BROWN, individually and on behalf of all similarly
situated individuals, and LUKE BOULANGE, on behalf of himself and
all others situated, the Plaintiffs, v. FLOWER FOODS, INC. and
FLOWER BAKING CO. OF OXFORD, LLC, Case No. 2:15- cv-06391-LS (E.D.
Penn.), the Plaintiffs ask the Court to conditionally certify a
Fair Labor Standards Act Collective Class:
"All persons who are or have performed work as
'Distributors' for either Defendant under a "Distributor
Agreement" or a similar written contract with Defendant
Oxford Baking Co. that they entered into during the period
commencing three years prior to the commencement of this
action through the close of the Court determined opt-in
period and who file a consent to join the action."
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=ubjL8BTa
The Plaintiffs M. Carr, T. Carr, Tumblin, and Brown are
represented by:
Shawn J. Wanta, Esq.
Christopher D. Jozwiak, Esq.
BAILLON THOME
JOZWIAK & WANTA LLP
100 South Fifth Street, Suite 1200
Minneapolis, MN 55402
Telephone: (612) 252 3570
Facsimile: (612) 252 3571
E-mail: sjwanta@baillonthome.com
cdjozwiak@baillonthome.com
- and -
Susan E. Ellingstad, Esq.
Rachel A. Kitze Collins, Esq.
Brian D. Clark, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339 6900
Facsimile: (612) 339 0981
E-mail: seellingstad@locklaw.com
rakitzecollins@locklaw.com
bdclark@locklaw.com
- and -
Charles E. Schaffer, Esq.
LEVIN FISHBEIN, SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592 1500
Facsimile: (215) 592 4663
E-mail: cschaffer@lfsblaw.com
- and -
Gordon Rudd, Esq.
David Cialkowski, Esq.
ZIMMERMAN REED PLLP
111 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 341 0400
E-mail: gordon.rudd@zimmreed.com
david.cialkowski@zimmreed.com
The Plaintiff Boulange is represented by:
Peter D. Winebrake, Esq.
R. Andrew Santillo, Esq.
Mark J. Gottesfeld, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
Telephone: (215) 884 2491
Facsimile: (215) 884 2492
E-mail: pwinebrake@winebrakelaw.com
asantillo@winebrakelaw.com
mgottesfeld@winebrakelaw.com
The Defendants are represented by:
Clark Whitney, Esq.
Julie A. Donahue, Esq.
Michael J. Murphy, Esq.
Margaret S. Hanrahan, Esq.
Christopher E. Humber, Esq.
Aaron Warshaw, Esq.
Mark Diana, Esq.
Robin Koshy, Esq.
OGLETREE, DEAKINS,
NASH, SMOAK &
Stewart, P.C.
1735 Market Street, Suite 3000
Philadelphia, PA 19103
E-mail: clark.whitney@ogletreedeakins.com
julie.donahue@ogletreedeakins.com
michael.murphy@ogletreedeakins.com
chris.humber@ogletreedeakins.com
maggie.hanrahan@ogletreedeakins.com
aaron.warshaw@ogletreedeakins.com
mark.diana@ogletreedeakins.com
robin.koshy@ogletreedeakins.com
FORD MOTOR: Philips et al. Seek Certification of 3 Classes
----------------------------------------------------------
In the class action lawsuit styled WILLIAM PHILIPS, JAIME GOODMAN,
ALISON COLBURN, IAN COLBURN, JASON WILKINSON, ROBERT MORRIS,
VICTORIA JACKSON, JOHNPAUL FOURNIER, RYAN WOLF, AND
REBECCA WOLF, individually, and on behalf of all others similarly
situated, the Plaintiffs, v. FORD MOTOR COMPANY, the Defendant,
Case No. 5:14-cv-02989-LHK (N.D. Cal.), the Plaintiffs ask the
Court to certify three Classes:
New Vehicle Class:
"All residents of California who, at any time, purchased or
lessed a new 2010-2012 Ford Fusion or 2012-2014 Ford Focus
vehicle from Ford Motor Company or through a Ford Motor
Company dealership."
Out-of-Pocket Class:
"All residents of California who incurred expenses in
connection with the diagnosis, repair, or replacement of
the Electronic Power Assisted Steering system in a 2010-
2012 Ford Fusion or 2012-2014 Ford Focus vehicle."
Current Owner/Lessee Class:
"All residents of California who currently own or lease a
2010-2012 Ford Fusion or 20122014 Ford Focus vehicle."
The Plaintiffs further ask the Court to appoint them as class
representatives, and to appoint law firms Baron & Budd, P.C.,
Grant & Eisenhofer P.A., and Spilman Thomas & Battle PLLC as class
counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=ES88HNVH
The Plaintiffs are represented by:
Roland Tellis, Esq.
Mark Pifko, Esq.
BARON & BUDD, P.C.
15910 Ventura Boulevard, Suite 1600
Encino, California 91436
Telephone: (818) 839-2333
Facsimile: (818) 986-9698
E-mail: rtellis@baronbudd.com
mpifko@baronbudd.com
- and -
Niall A. Paul, Esq.
SPILMAN THOMAS & BATTLE, PLLC
300 Kanawha Boulevard, East (25301)
Post Office Box 273
Charleston, WV 25321
Telephone: (304) 340-3800
Facsimile: (304) 340-3801
E-mail: npaul@spilmanlaw.com
- and -
Adam J. Levitt, Esq.
John E. Tangren, Esq.
Mary S. Thomas, Esq.
GRANT & EISENHOFER P.A.
30 N. LaSalle Street, Suite 2350 "
Chicago, Illinois 60602
Telephone: (312) 214 0000
Facsimile: (312) 214 0001
E-mail: alevitt@gelaw.com
jtangren@gelaw.com
mthomas@gelaw.com
- and -
Nathan B. Atkinson, Esq.
SPILMAN THOMAS & BATTLE, PLLC
110 Oakwood Drive, Suite 500
Winston-Salem, NC 27103
Telephone: (336) 725 4710
Facsimile: (336) 725 4476
E-mail: natkinson@spilmanlaw.com.
FOX RESTAURANT: "Pae" Suit Seeks Overtime Pay Under Labor Code
--------------------------------------------------------------
JENNIFER PAE, individually and on behalf of all others similarly
situated, the Plaintiff, v. FOX RESTAURANT CONCEPTS, LLC d/b/a
TRUE FOOD KITCHEN; an Arizona limited liability company; FRC TRUE
FOOD SMP, LLC, a California limited liability company; FRC TRUE
FOOD SDFV, LLC, a California limited liability company; FRC TRUE
FOOD NBFI, LLC, a California limited liability company; and DOES
1-25, inclusive, the Defendants, Case No. BC628004 (Cal. Super.
Ct., July 22, 2016), seeks to recover benefits and protections
required under the California Labor Code.
The Defendants allegedly failed to pay wages for all hours worked,
including for hours worked in excess of eight hours a day or 40
hours a week, by the Restaurant Employees; failed to pay minimum
wages due to the Restaurant Employees; failed to pay overtime
compensation due to the Restaurant Employees who worked on the
seventh consecutive day; failed to provide the Restaurant
Employees with timely and accurate wage and hour statements;
failed to pay the Restaurant Employees compensation in a timely
manner upon their termination or resignation; failed to maintain
complete and accurate payroll records for the Restaurant
Employees; and failed to indemnify the Restaurant Employees for
all necessary expenditures or losses.
Fox Restaurant Concepts creates progressive restaurant concepts.
The Plaintiff is represented by:
Thomas W, Falvey, Esq.
Michael H, Boy Amian, Esq.
Armand R, Kizirian, Esq.
LAW OFFICES OF THOMAS W, FALVEY
550 North Brand Boulevard, Suite 1500
Glendale, CA 91203
Telephone: (818) 547 5200
Facsimile: (818) 500 9307
E-mail: thomaswfalvey@gmail.com
mike.falveylaw@gmail.com
armand.jalveylaw@gmail.com
- and -
ALEX HARTOUNIAN, Esq.
HARTOUNIAN LAW FIRM
2626 Foothill Boulevard, Suite 250
La Crescenta, CA 91214
Telephone: (818) 794 9675
Facsimile: (818) 459 6997
E-mail: alex@ah-If.com
GARDA CL: Class of Drivers & Messengers Certified in "Talbert"
--------------------------------------------------------------
The Hon. Arthur J. Tarnow granted the Plaintiff's motion seeking
to conditionally certify a Fair Labor Standards Act collective
action and authorize notice to be issued to all persons similarly
situated and related relief in the lawsuit titled Sampson Talbert,
individually and on behalf of all other persons similarly situated
v. Garda CL Great Lakes Inc., Case No. 2:13-cv-10353-AJT-MKM (E.D.
Mich.).
The collective class of potential plaintiffs in this matter will
consist of all current and former drivers/messengers employed by
Garda CL Great Lakes Inc., currently or within three years prior
to June 22, 2016, the date the Court conditionally certified this
as a collective action, in those branches which do not have a
Collective Bargaining Agreement, and who were not paid overtime
wages for working more than 40 hours in those weeks in which they
drove vehicles with a gross vehicle weight rating 10,000 pounds or
less, with the understanding that the Court has not yet ruled on
whether a two- or three-year statute of limitations is more
appropriate.
Judge Tarnow approved the revised collective action notice
entitled for mailing to potential plaintiffs. Judge Tarnow
ordered that the collective action notice and opt-in form must be
conspicuously posted in the Defendant's branch offices, where
putative opt-in plaintiffs are employed in a place accessible to
putative opt-in plaintiffs
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=aYKU30j1
The Plaintiff is represented by:
David Stein, Esq.
SAMUEL & STEIN
38 West 32nd Street, Suite 1110
New York, NY 10001
Telephone: (212) 563-9884
Facsimile: (212) 563-9870
E-mail: dstein@samuelandstein.com
The Defendant is represented by:
David L. Christlieb, Esq.
Amanda Inskeep, Esq.
LITTLER MENDELSON, P.C.
321 North Clark Street, Suite 1000
Chicago, IL 60654
Telephone: (312) 795-3264
E-mail: dchristlieb@littler.com
ainskeep@littler.com
GENESCO INC: Faces "Gomez" Suit in S.D. Fla.
--------------------------------------------
A lawsuit has been filed against Genesco Inc. The case is
captioned Andres Gomez, individually and on behalf of all others
similarly situated, the Plaintiff, v. Genesco Inc., doing business
as Journeys and Johnston & Murphy Shoe Stores, the Defendant, Case
No. 1:16-cv-23201-KMW (S.D. Fla., July 25, 2016). The assigned
Judge is Hon. Kathleen M. Williams.
Genesco, based in Nashville, Tennessee, United States, is a
publicly owned specialty retailer of branded footwear, licensed
and branded headwear and licensed sports apparel and accessories
and is a wholesaler of branded and licensed footwear.
The Plaintiff is represented by:
Carlos R. Diaz, Esq.
STEWART, MURRAY &
ASSOC. LAW GROUP, LLC
437 Grant Street, Suite 600
Pittsburgh, PA 15219
Telephone: (412) 765 3345
Facsimile: (412) 765 3346
E-mail: cdiaz@smalawgroup.com
GOODWILL ENTERPRISES: "Cooper" Suit to Recover Overtime Pay
-----------------------------------------------------------
Charles Cooper, Yaw Aboagyemarfo and Frantz Cazeau, individually
and on behalf of all those similarly situated, Plaintiffs, v.
Goodwill Enterprises, Inc. d/b/a Dedham Automall, North Shore Auto
Mall, Billerica Automall, Direct Automall, Automall Collection,
Automall Outlet Store and AMG Capital, LLC, Cheri Jamali, Teymour
Jamali and Jahon Jamali, Defendants, Case No. 16-2252F, (D. Mass.,
July 18, 2016), seeks actual damages, statutory damages,
reasonable attorney's fees, costs and interest and equitable
relief under the Massachusetts General Laws.
Plaintiffs worked as used car salespersons for Goodwill. They
claim to be denied minimum and overtime pay.
Goodwill is doing business in multiple locations under different
names, including Dedham Automall, North Shore Auto Mall, Billerica
Automall, Direct Automall, Automall Collection and Automall Outlet
Store. All are used cars dealerships.
Plaintiff is represented by:
Paul F. Kelly, Esq.
Nicole Horberg Deeter, Esq.
Paige W. McKissack, Esq.
SEGAL ROITMAN, LLP
111 Devonshire Street, Fifth Floor
Boston, MA 02109
Phone: (617) 742-0208
Fax: (617) 742-2I87
Email: pkelly@segalroitman.com
ndecter@segalroitman.com
pmckissock@segalroitman.com
GREATER NEW YORK: Erbabaev Seeks Minimum Wages Under Labor Code
---------------------------------------------------------------
ADIL ERBABAEV, individually and on behalf of all others similarly
situated, the Plaintiff(s), v. GREATER NEW YORK HOME CARE, LLC,
the Defendant(s), Case No. 512574/2016 (N.Y. Sup. Ct., July 21,
2016), seeks damages for unpaid minimum wages, unpaid wages,
unpaid overtime compensation, pre-judgment and post-judgment
interest, attorneys' fees and costs, pursuant to the New York
Labor Law (NYLL), and such other legal and equitable relief as the
Court deems just and proper.
The action arose out of the systematic failure of the defendant to
pay Plaintiff and others similarly situated for all hours worked,
time and one half the minimum wage rate for hours worked in excess
of 40 in a work week, spread of hours pay for the days in which
Plaintiff and the Class Members worked in excess of ten hours, and
to provide pay stubs and other wage notices that conform with the
requirements of the NYLL and applicable regulations.
Greater New York specializes in the full range of home care
services.
Gennadiy Naydenskiy, Esq.
NAYDENSKIY LAW GROUP, P.C.
1517 Voorhies Ave, 2nd Fl.
Brooklyn, NY 11235
Telephone: (718) 808 2224
E-mail: naydenskiylaw@gmail.com
GREEN LEAF: "Guo" Suit Seeks Overtime, Spread-of-Hours Pay
----------------------------------------------------------
Guo Jin Wu, individually and on behalf of others similarly
situated, Plaintiffs, v. Green Leaf & Chinese Restaurant
Inc. d/b/a Green Leaf Chinese & Thai Cuisine, Shi Yong, Meizi
Yong, and Does 1-10, Defendants, Case No. 1:16-cv-03924 (E.D.N.Y.,
July 14, 2016), seeks to recover minimum and overtime wages and
liquidated damages, interest, costs and attorneys fees for
violations of the Fair Labor Standards Act and the New York Labor
Law.
Defendants own and/or operate a restaurant Green Leaf Chinese &
Thai Cuisine owned by Shi Yong and Meizi Yong and located at 72-60
Metropolitan Ave. Right Side Middle Village, New York, 11379,
where Plaintiff was primarily employed as a delivery worker.
Plaintiff worked for Defendants in excess of 40 hours per week,
without appropriate compensation for the hours over 40 per week
that he worked and failed to maintain accurate recordkeeping of
the hours worked and failed to pay the required "spread of hours"
pay for any day in which the span of his workday exceeded 10
hours.
The Plaintiff is represented by:
Matthew C. Heerde, Esq.
YERMAN & ASSOCIATES, LLC
225 Broadway, 17th Floor
New York, NY 10007
Phone: (347) 460-3588
Fax: (212) 819-8177
Email: mheerde@yermangroup.com
HOLLYWOOD POINTE: African-Asian Club Seeks Class Certification
--------------------------------------------------------------
The Plaintiff in the lawsuit titled UNITED AFRICAN-ASIAN ABILITIES
CLUB v. ANIL MEHTA; HOLLYWOOD POINTE, INC.; 6111-21 NORWALK BLVD.,
INC.; VILLAGE POINTE, INC.; KOMLEN ANTWI, Manager, Village Pointe
Apartments; BALBOA POINTE APTS., INC.; ANZA MANAGEMENT COMPANY;
26030 E. BASELINE STREET, INC.; 1630 W. 3RD STREET, INC.; GUILLA
LOPEZ, Manager, Crystal House Apartments; 25941 E. 9TH STREET,
INC.; ROSA MUNOZ, Manager, Village Square Apartments; 11651-11652
YORK AVENUE, LLC; NANCY RENTIRIA, Manager, York Pointe Apartments;
6851 SEPULVEDA BLVD., INC.; PATTY LOPEZ, Manager, Sherman Pointe
Apartments; and, DOES 1 THROUGH 10, Inclusive, Case No. 2:16-cv-
01117-SJO-FFM (C.D. Cal.), moves the Court to certify the case as
a class action.
The Court will commence a hearing on September 19, 2016, 10:00
a.m., to consider the Motion.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=hjANK60k
The Plaintiff is represented by:
David C. Wakefield, Esq.
LAW OFFICES OF DAVID C. WAKEFIELD
10620 Treena Street, Suite 230
San Diego, CA 92131
Telephone: (619) 241-7112
Facsimile: (619) 342-7755
E-mail: dcw@DMWakeLaw.com
IL MARE: Sued in N.Y. for Alleged FLSA, NY Labor Law Violations
---------------------------------------------------------------
ALBERTO HERNANDEZ JUAREZ and ELISEO TIU JAX (A.K.A. PANCHO),
individually and on behalf of others similarly situated, v. IL
MARE PIZZA CORP. (d/b/a NY PIZZA SUPREMA), and JOSEPH RIGGIO, Case
1:16-cv-05957 (S.D.N.Y., July 26, 2016), was filed pursuant to the
Fair Labor Standards Act, the N.Y. Labor Law and orders of the New
York Commissioner of Labor.
The Defendants own, operate, or control an Italian restaurant.
The Plaintiffs are represented by:
Michael A. Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES P.C.
60 East 42nd Street, Suite 2540
New York, NY 10165
Phone: (212) 317-1200
Fax: (212) 317-1620
INSPECTION DEPOT: 11th Circuit Appeal Filed in "Dang" Class Suit
----------------------------------------------------------------
Plaintiffs Karl Dang and Joanne Dulwick filed an appeal from a
court ruling in the lawsuit styled Karl Dang, et al. v. Inspection
Depot, Inc., et al., Case No. 0:14-cv-61857-MGC, in the U.S.
District Court for the Southern District of Florida.
The appellate case is captioned as Karl Dang, et al. v. Inspection
Depot, Inc., et al., Case No. 16-15153, in the United States Court
of Appeals for the Eleventh Circuit.
As reported in the Class Action Reporter, the Plaintiffs allege
that they were not paid at the proper overtime rate for hours
worked in excess of 40 per week, in violation of the Fair Labor
Standards Act.
Plaintiffs-Appellants KARL DANG and JOANNE DULWICK are represented
by:
Anthony Maximillien Georges-Pierre, Esq.
Peter Michael Hoogerwoerd, Esq.
REMER & GEORGES-PIERRE, PLLC
Court House Tower
44 West Flagler Street, Suite 2200
Miami, FL 33130
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
E-mail: agp@rgpattorneys.com
pmh@rgpattorneys.com
Defendants-Appellees INSPECTION DEPOT, INC., and MICHAEL ROWAN are
represented by:
Gary Dean Farmer, Jr., Esq.
INTERNATIONAL COUNSEL PLLC
101 NE 3rd Ave., Suite 1500
Fort Lauderdale, FL 33301
Telephone: (954) 908-3375
E-mail: gfarmer@hinshawlaw.com
Citizens Property Insurance Corporation is represented by:
Denise M. Heekin, Esq.
BRYANT MILLER OLIVE P.A.
SunTrust International Center
1 S.E. 3rd Avenue, Suite 2200
Miami, FL 33131
Telephone: (305) 374-7349
Facsimile: (305) 374-0895
E-mail: dheekin@bmolaw.com
J & J AIR: Court Certified Technicians Class in "Zurlo" Suit
------------------------------------------------------------
The Hon Nathanael M. Cousins entered an order in the class action
lawsuit styled AARON ZURLO and MATTHEW SHEARER, the Plaintiffs, v.
J & J AIR CONDITIONING, INC., and GERALD I. HURWITZ, the
Defendants, Case No. 5:16-cv-00723-NC (N.D. Cal.), granting
Plaintiffs' motion for conditional class certification and
granting permission to send the stipulated opt-in notice agreed to
by the parties.
The class is defined as:
"all service technicians who worked for the Defendants after
June 10, 2013."
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=CvfZPLSN
The Plaintiff is represented by:
Tomas E. Margain, Esq.
JUSTICE AT WORK LAW GROUP
84 West Santa Clara Street, Suite 790
San Jose, CA 95113
Telephone: (408) 317 1100
E-mail: tomas@jawlawgroup.com
JK & T WINGS: Class Certification Bid in Bartenders' Suit
---------------------------------------------------------
The Hon. Victoria A. Roberts entered an order in the lawsuit
styled Shelby Langlands and Melissa Monte, on behalf of themselves
and all other people similarly situated, known and unknown, the
Plaintiffs, v. JK & T Wings, Inc., the Defendant, Case No. 2:15-
cv-13551-VAR-MJH (E.D. Mich.), denying without prejudice
Plaintiffs' amended motion for class certification of their FLSA
Minimum Wage Law claims and request for Court-supervised notice.
Shelby Langlands and Melissa Monte both worked as bartender and
server at the Woodhaven location of Buffalo Wild Wings, a
restaurant owned by Defendant JK & T Wings, Inc.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=Ys1oZ3d3
JOSEPH CORY: "Vazquez" Suit Seeks Overtime Wages Under FLSA
-----------------------------------------------------------
OBED VASQUEZ, on behalf of himself and on others similarly
situated, the Plaintiff, v. JOSEPH CORY HOLDINGS, LLC, the
Defendant, Case No. 6:16-cv-01307-GKS-TBS (M.D. Fla., July 21,
2016), seeks damages under the Fair Labor Standards Act (FLSA) for
Defendant's failure to pay overtime wages as well as for
violations of the Florida Deceptive and Unfair Trade Practices
Act.
Joseph Cory operates a trucking business in New Jersey.
The Plaintiff is represented by:
Luis A. Cabasa, Esq.
WENZEL FENTON CABASSA, PA
1110 North Florida Avenue, Suite 300
Tampa, FL, 33602
Telephone: (813) 224 0431
Facsimile: (813) 379 2565
E-mail: lcabassa@wfclaw.com
twells@wfclaw.com
KANSAS: Cromwell and Keener's Claims Dismissed as Moot
------------------------------------------------------
The Hon. Julie A. Robinson entered an order in the lawsuit styled
ALDER CROMWELL, CODY KEENER, and PARKER BEDNASEK, the Plaintiffs,
v. KRIS KOBACH, KANSAS SECRETARY OF STATE, and JAMIE SHEW, DOUGLAS
COUNTY CLERK, the Defendants, Case No. 2:15-cv-09300-JAR-JPO (D.
Ks.), dismissing Plaintiffs Cromwell and Keener's claims as moot.
Plaintiffs Keener and Cromwell filed a Third Amended Complaint on
March 21, 2016, alleging the following class claims:
(1) Fourteenth Amendment due process violation;
(2) violation of the National Voter Registration Act
(NVRA) based on the removal of names of otherwise
qualified voters from the statewide voter registration
database;
(3) violation of the NVRA because the regulation allows
for removal of the names of voters from the statewide
voter database for reasons not permitted by the NVRA;
(4) violation of the NVRA, which requires the State to
complete any program to remove names from the list of
eligible voters no later than 90 days before a primary
election; and
(5) Privileges and Immunities Clause violation based on the
State's coordination with only Kansas state agencies to
verify documentary proof of citizenship (DPOC).
The Court further:
1. granted Defendant's motion in part and denying in part;
2. dismissed Plaintiff Bednasek's NVRA claims for failure
to comply with the NVRA notice requirement; and
3. denied Plaintiffs' motion for class certification.
The Court heard oral argument on the motions on June 14, 2016.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=6HjRGuTo
KANSAS: Court Denies Certification of 2 Classes in "Fish" Suit
--------------------------------------------------------------
In the lawsuit styled STEVEN WAYNE FISH, et al., on behalf of
themselves and all other similarly situated, the Plaintiffs, v.
KRIS KOBACH, in his official capacity as Secretary of State for
the State of Kansas, et al., the Defendant, Case No. 2:16-cv-
02105-JAR-JPO (D. Ks.), the Hon. Julie A. Robinson entered an
order denying Plaintiffs' motion for certification of 2 classes:
(1) all eligible Kansas motor-voter registrants who do not
currently appear on the active voter registration list
due to purported failure to submit documentary proof of
citizenship under Kan. Stat. Ann.; and
(2) Kansas residents eligible to vote who have submitted a
registration application but do not currently appear on
the active voter registration list due to purported
failure to submit documentary proof of citizenship
under Kan. Stat. Ann. and who do not have documentary
proof of citizenship records under their current name
on file with State agencies in Kansas.
The Court heard oral argument on June 14, 2016.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=yZVTP3RI
KENNEDY-WILSON INC: Former Employee Files Class Action
------------------------------------------------------
Courthouse News Service reported that a former employee claims in
a class action that real estate investment firm Kennedy-Wilson did
not pay her for overtime, give her adequate meal or rest periods,
or pay her final wages promptly. The case is, Tahereh Shohreh
Yavari v. Kennedy-Wilson Inc., pending in the Contra Costa County
Superior Court.
KREATIVE THERAPY: Faces Suit in Fla. Alleging FLSA Violation
------------------------------------------------------------
Francine Lee Hamel, Zuleimys Sosa, Jennifer Rodriguez and,
Johanexis O'Neill, other similarly-situated individuals, v.
Kreative Therapy & Rehab Center, Inc. and Miguel A. Mendez Case
1:16-cv-23226-JEM (S.D. Fla., July 26, 2016), seeks to recover
money damages for alleged unpaid wages under the Fair Labor
Standards Act.
Kreative Therapy & Rehab Center, Inc. provides speech therapy
treatment for adults and children.
The Plaintiffs are represented by:
Franklin Antonio Jara, Esq.
JARA & ASSOCIATES, P.A.
19 West Flagler Street, Suite 504
Miami, FL 33130
Phone: (305) 372-0290
Fax: (305) 675-0383
E-mail: info@jaralaw.com
LIBERTY LIFE: Bush Moves for Certification of Class Under ERISA
---------------------------------------------------------------
James Bush moves the Court for an order certifying claims in the
lawsuit styled JAMES L. BUSH v. LIBERTY LIFE ASSURANCE COMPANY OF
BOSTON; HYUNDAI MOTOR AMERICA, Case No. 4:14-cv-01507-YGR (N.D.
Cal.). He brought the purported class claims under the Employee
Retirement Income Security Act of 1974.
On June 15, 2016, Mr. Bush informs the Court that he and Liberty
Life had resolved an impasse in the ongoing discussions of a class
settlement, and final resolution with Liberty Life appeared
imminent. As such, he believes that any class certification
motion would relate only to the claims involving Defendant Hyundai
Motor America and he would have to file a revised motion for class
certification.
Mr. Bush also informs the Court that as of the filing of this
Motion, he and Liberty Life are in the final stages of finalizing
and executing the settlement documents. He adds that he and
Hyundai have made progress towards reaching a settlement.
The Plaintiff and Liberty Life anticipate filing a motion for
preliminary approval of a class action settlement well prior to
the Opposition deadline of September 6, 2016. At the time of
filing the motion for preliminary approval, Mr. Bush says he will
withdraw the motion for class certification as it pertains to
Liberty Life. If he and Hyundai reach a settlement, then he will
withdraw the motion altogether.
The Court will commence a hearing on October 18, 2016, at 2:00
p.m., to consider the Motion.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=VM7cM8uF
The Plaintiff is represented by:
R. Joseph Barton, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave. NW, Suite 500, West Tower
Washington, DC 20005
Telephone: (202) 408-4600
Facsimile: (202) 408-4699
E-mail: jbarton@cohenmilstein.com
- and -
Michelle L. Roberts, Esq.
ROBERTS BARTOLIC LLP
1050 Marina Village Pkwy., Suite 105
Alameda, CA 94501
Telephone: (510) 992-6130
Facsimile: (510) 280-7564
E-mail: mroberts@robertsbartolic.com
LIBERTY MUTUAL: Court Granted Class Cert. Bid in "Laffollette"
--------------------------------------------------------------
The Hon NANETTE K. Laughrey entered an order in the lawsuit styled
ERIC LAFOLLETTE and CAMILLE LAFOLLETTE, individually and on behalf
of others similarly situated, the Plaintiffs, v. LIBERTY MUTUAL
FIRE INSURANCE COMPANY, the Defendant, Case No. 2:14-cv-04147-NKL
(W.D. Mo.), granting Lafollettes' motion for class certification
of Liberty Mutual property insurance policyholders in Missouri
whose ACV payments were reduced for payment of a deductible.
The class is defined as:
"All persons who received an ACV payment, directly or
indirectly, from Liberty Mutual Fire Insurance Company for
physical loss or damage to their dwelling or other
structures located in the state of Missouri arising under
policy Form HO 03 (Edition 04 91) and endorsements, such
payments arising from losses that occurred from April 8,
2004 to the date of class certification, where a deductible
was applied to the ACV payment for the person's dwelling or
other structure (Coverage A and/or B)."
Excluded from the Class are: (1) All persons who received a
replacement cost payment from Liberty Mutual Fire Insurance
Company under Coverage A and/or B; (2) All persons whose
payment(s) plus the amount of any deductible applied was less than
$2,500; (3) Liberty Mutual Fire Insurance Company and its
affiliates, officers, and directors; (4) Members of the judiciary
and their staff to whom this action is assigned; and (5)
Plaintiffs' Counsel.
As Liberty Mutual's arguments related to the motion to strike have
already been rejected by the Court on the merits and striking them
would serve no useful purpose, the Lafollettes' motion to strike
is denied.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=OUlfjF5H
LIBERTY POWER: Faces "Moore" Suit in N.D. Ill.
----------------------------------------------
A lawsuit has been filed against Liberty Power Holdings LLC. The
case is captioned George Moore, individually and on behalf of
others similarly situated, the Plaintiff, v. Liberty Power
Holdings LLC, a Delaware limited liability company, the Defendant,
Case No. 1:16-cv-07553 (N.D. Ill., July 26, 2016). The assigned
Judge is Hon. Samuel Der-Yeghiayan.
Liberty Power supplies electricity in New York. The company was
founded in 2002 and is based in New York.
The Plaintiff is represented by:
Paul F. Markoff, Esq.
Karl G. Leinberger, Esq.
MARKOFF LEINBERGER LLC
134 N LaSalle St., Ste 1050
Chicago, IL 60602
Telephone: (312) 726 4162
Facsimile: (312) 674 7272
E-mail: paul@markleinlaw.com
karl@markleinlaw.com
LIONS GATE: Retirement System Files Suit Over Merger with Starz
---------------------------------------------------------------
THE FIREMEN'S RETIREMENT SYSTEM OF ST. LOUIS, v. JOHN MALONE,
GREGORY MAFFEI, CHRIS ALBRECHT, IRVING AZOFF, ANDREW T. HELLER,
SUSAN LYNE, JEFF SAGANSKY, DAN SANCHEZ, CHARLES TANABE, ROBERT S.
WIESENTHAL, LESLIEMALONE, THE TRACEY L. NEAL TRUST A, THE EVAN D.
MALONE TRUST A, ROBERT R. BENNETT, DEBORAH J. BENNETT, HILLTOP
INVESTMENTS, LLC, LIONS GATE ENTERTAINMENT CORP., AND ORION ARM
ACQUISITION INC., Case No: 12596 (Del. Ch., July 26, 2016), is
challenging the Defendants' conduct in connection with the sale of
Starz to Lions Gate Entertainment Corp.
Lions Gate Entertainment Corp. -- http://www.lionsgate.com-- is
in the business of motion picture production and distribution,
television programming and syndication, home entertainment,
international distribution and sales, branded channel platforms,
interactive ventures and games and location-based entertainment.
The Plaintiff is represented by:
Stuart M. Grant, Esq.
John C. Kairis, Esq.
Jeremy S. Cole, Esq.
GRANT & EISENHOFER P.A.
123 Justison Street
Wilmington, DE 19801
Phone: (302) 622-7000
Fax: (302) (622-7100
- and -
Daniel L. Berger, Esq.
GRANT & EISENHOFER P.A.
485 Lexington Avenue
New York, NY 10017
Phone: (646) 722-8500
Fax: (646) 722-8501
E-mail:dberger@gelaw.com
- and -
Joseph E. White III, Esq.
Jonathan M. Stein, Esq.
Adam Warden, Esq.
SAXENA WHITE, P.A.
5200 Town Center Circle, Suite 601
Boca Raton, FL 33486
Phone: (561) 394-3399
Fax: (888) 458-9055
E-mail: jwhite@saxenawhite.com
jstein@saxenawhite.com
awarden@saxenawhite.com
LPM HEALTHCARE: "Luna" Suit Seeks Compensation Under Labor Code
---------------------------------------------------------------
EUNICE LUNA, as an individual and on behalf of all employees
similarly situated, the Plaintiffs, v. LPM HEALTHCARE, INC., SHAUL
E. GOLDMAN and DOES 1-50, inclusive, the Defendants, Case No.
BC627986 (Cal. Super. Ct., July 22, 2016), seeks compensation for
work performed and monies due to Plaintiff and Class, under the
California Labor Code.
The Defendants allegedly failed to pay compensation, to provide
rest and meal period, and to pay overtime, and to pay wages upon
ending of employment.
LPM is a Nursing Facility company.
The Plaintiff is represented by:
Kevin Mahoney, Esq.
Mitchel A. Brim, Esq.
Treana L. Allen, Esq.
249 East Ocean Blvd., Suite 814
Long Beach, CA 90802
Telephone: (562) 590 5550
Facsimile: (562) 590 8400
E-mail: kmahoney@mahoney-law.net
mbrim@mahoney-Iaw.net
tallen@mahoncy-Iaw.net
LUMBER LIQUIDATORS: Faces "Green" Suit in M.D. Fla.
---------------------------------------------------
A lawsuit has been filed against Lumber Liquidators, Inc. The case
is captioned Madeline Green, individually and on behalf of all
others similarly situated, the Plaintiff, v. Lumber Liquidators,
Inc., a Delaware Corporation, the Defendant, Case No. 8:16-cv-
02142-EAK-TGW (M.D. Fla., July 26, 2016). The assigned Judge is
Hon. Elizabeth A. Kovachevich.
Lumber Liquidators is a specialty retailer of hardwood flooring.
The Plaintiff is represented by:
Jordan L. Chaikin, Esq.
Chaikin Law Firm PLLC
12800 University Dr., Suite 600
Fort Myers, FL 33907
Telephone: (239) 470 8338
Facsimile: (239) 433 6836
E-mail: jordan@chaikinlawfirm.com
LVNV FUNDING: Tabiti Renews Motion for Class Certification
----------------------------------------------------------
In the lawsuit styled ABAYOMI TABITI, on behalf of plaintiff and a
class, the Plaintiff, v. LVNV FUNDING, LLC; RESURGENT CAPITAL
SERVICES, LP; and ALEGIS GROUP LLC, the Defendants, Case No. 1:13-
cv-07198 (N.D. Ill.), the Plaintiff asks the Court to grant its
renewed motion for class certification.
The Plaintiff defines the class as:
"(a) all natural persons with Illinois addresses (b) to whom
defendants provided an affidavit (c) concerning an alleged
debt purportedly obtained from Chase (d) where the
definition of "Unpaid Balance" in the Chase purchase
agreement includes the statement "excluding post charge-off
interest" (e) where such affidavit was provided on or after
October 8, 2012 (one year prior to the filing of the
action), and (e) on or before October 28, 2013 (20 days
after the filing of this action)."
The Plaintiff further requests that Edelman, Combs, Latturner &
Goodwin, LLC be appointed counsel for the class.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=BkDYCjZT
The Plaintiff is represented by:
Daniel A. Edelman, Esq.
Cassandra P. Miller, Esq.
EDELMAN, COMBS, LATTURNER
& GOODWIN, LLC
20 S. Clark Street, Suite 1500
Chicago, IL 60603-3593
Telephone: (312) 739 4200
Facsimile: (312) 419-0379
E-mail: courtecl@edcombs.com
M&R APPAREL: "Anguiano" Suit to Recover Overtime Pay
----------------------------------------------------
Patricia Anguiano, as an individual, and on behalf of others
similarly situated, Plaintiff, M&R Apparel, Inc., a California
corporation and Does 1-20, inclusive, Defendants, Case No.
BC627111 (Cal. Super., July 14, 2016), seeks overtime premium
wages, requisite minimum wage for all hours worked, interest,
attorneys' fees and costs under California Labor Code and
Industrial Welfare Commission Orders.
M&R Apparel Inc. operates apparel and accessory stores in South El
Monte, CA.
Plaintiff is represented by:
Kaveh S. Elihu, Esq.
Kanna Godoy, Esq.
EMPLOYEE JUSTICE LEGAL GROUP, LLP
3055 Wilshire Boulevard, Suite 1120
Los Angeles, CA 90010
Telephone: (213) 382-2222
Facsimile: (213) 382-2320
MACK'S SPORT: "Moore" Suit Moved from Cir. Ct. to E.D. Ark.
-----------------------------------------------------------
James Moore, on behalf of himself and all similarly situated
persons and entities, the Plaintiff, v. Mack's Sport Shop LLLP,
doing business as Mack's Prairie Wings LLLP, and Yeti Coolers LLC,
the Defendants, Case No. CV-15-00110, was removed from the Pope
County Circuit Court, to the U.S. District Court for the Eastern
District of Arkansas (Little Rock). The Eastern District Court
Clerk assigned Case No. 4:16-cv-00540-KGB to the proceeding. The
assigned Judge is Hon. Kristine G. Baker.
Mack's is a sports products store located in Stuttgart, Arkansas.
The Plaintiff is represented by:
Russell Allen Wood, Esq.
WOOD LAW FIRM, P.A.
501 East 4th Street, Suite 4
Russellville, AR 72801
Telephone: (479) 967 9663
Facsimile: (479) 967 9664
E-mail: woodlaw@suddenlinkmail.com
The Defendants are represented by:
David P. Whittlesey, Esq.
ANDREWS KURTH LLP
111 Congress Avenue, Suite 1700
Austin, TX 78701
Telephone: (512) 320 9200
Facsimile: (512) 481 4930
- and -
G. Alan Perkins, Esq.
Micah Goodwin Esq.
PERKINS PEISERICH
GREATHOUSE MORGAN RANKIN
Post Office Box 251618
Little Rock, AR 72225-1618
Telephone: (501) 603 9000
E-mail: alan@ppgmrlaw.com
micah@ppgmrlaw.com
- and -
Joseph W. Golinkin, II, Esq.
ANDREWS KURTH LLP
Chase Commerce Tower
600 Travis, Suite 4200
Houston, TX 77002
Telephone: (713) 220 4989
Facsimile: (713) 238 5094
- and -
Richard T. Donovan, Esq.
ROSE LAW FIRM
120 East Fourth Street
Little Rock, AR 72201-2893
Telephone: (501) 375 9131
E-mail: rdonovan@roselawfirm.com
MARS INC: Certification of FCRA Class Sought in "Campbell" Suit
---------------------------------------------------------------
Colleen Campbell asks the Court to enter an order certifying the
action entitled COLLEEN CAMPBELL, 209 Liberty Bell Circle,
Downingtown, PA 19335 v. MARS, INC., 1600 Broadway, New York, NY
10019, Case No. 2:16-cv-04035-SD (E.D. Pa.), as a nationwide class
action pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules
of Civil Procedure and pursuant to the Fair Credit Reporting Act.
The Plaintiff defines the class as:
The class is defined as all persons to whom the Defendants
provided an electronically printed receipt at the point of
sale of transaction, in a transaction occurring in the
nation after December 1, 20 which receipt displays more than
five (5) digits of the person's credit card or debit card.
The Plaintiff further asks to be appointed as representative for
the class and to appoint Zajac & Arias, LLC as counsel for the
class.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=u2pDrAoX
The Plaintiff is represented by:
Eric G. Zajac, Esq.
ZAJAC & ARIAS, LLC
1835 Market Street, 26th Floor
Philadelphia, PA 19103
Telephone: (215) 575-7615
Facsimile: (215) 575-7640
E-mail: Eric@TeamLawyers.com
MEDREMIT INC: Boileve Seeks Certification of Class
--------------------------------------------------
In the class action lawsuit styled CARLOS M. BOILEVE, DC, MCS-P,
individually and as the representative of a class of similarly-
situated persons, the Plaintiff, v. MEDREMIT INC., a California
corporation, and JOHN DOES 1-5, the Defendants, Case No. 1:16-cv-
07662 (N.D. Ill.), the Plaintiff asks the Court to certify a
class:
"All persons who (1) on or after four years prior to the
filing of this action, (2) were sent telephone facsimile
messages of material advertising the commercial
availability or quality of any property, goods, or services
by or on behalf of Defendants, and (3) which Defendants did
not have prior express permission or invitation, or (4)
which did not display a proper opt-out notice."
To avoid the risk of a defendant mooting a putative class
representative's individual stake in the litigation, the Seventh
Circuit in Damasco instructed plaintiffs to file a certification
motion with the complaint, along with a motion to stay briefing on
the certification motion until discovery could commence. Damasco
v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled,
Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015).
As this motion to certify a class is a placeholder motion as
described in Damasco, the parties and the Court should not be
burdened with unnecessary paperwork and the resulting expense when
a one paragraph, single page motion to certify and stay should
suffice until an amended motion is filed, the Plaintiffs contend.
The Plaintiff also requests that the Court certify appoint himself
as the class representative, and appoint Plaintiff's attorneys as
class counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=OA0kPEj
The Plaintiff is represented by:
Brian J. Wanca, Esq.
ANDERSON & WANCA
3701 Algonquin Road, Suite 500
Rolling Meadows, IL 60008
Telephone: (847) 368 1500
Facsimile: (847) 368 1501
E-mail: bwanca@andersonwanca.com
MICHIGAN: Salem Seeks Certification of Class
--------------------------------------------
In the lawsuit captioned AMIRA SALEM and KESHUNA ACUMBY, On behalf
of themselves and a class of others similarly situated,
Plaintiffs, v. MICHIGAN DEPARTMENT OF CORRECTIONS, and MILLICENT
WARREN, the Defendants, Case No. 2:13-cv-14567-PDB-RSW (E.D.
Mich.), the Plaintiff asks the Court to certify a class:
"Current and future female prisoners who, since October
2010, have been incarcerated at the Women's Valley
Correctional Facility, and subject to sexual and physical
assault and abuse, sexual harassment, and degrading sexually
humiliating and unhygienic treatment at the hands of Huron
Valley correctional officers and staff."
The Plaintiffs seek to represent a class of approximately 700
former, current and future female prisoners who, since October
2010, have been incarcerated at the Women's Valley Correctional
Facility, and subject to sexual and physical assault and abuse,
sexual harassment, and degrading sexually humiliating and
unhygienic treatment at the hands of Huron Valley correctional
officers and staff.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=Qn6iAEIL
The Plaintiff is represented by:
Kenneth J. Hardin, Esq.
HARDIN THOMPSON, P.C.
30700 Telegraph Road, Suite 1675
Bingham Farms, MI 48025
- and -
Racine Miller, Esq.
WE FIGHT THE LAW
17600 Northland Park Court, Suite 210
Southfield, MI 48075
- and -
Teresa J. Gorman, Esq.
TERESA J. GORMAN, PLLC
363 West Big Beaver Road, Suite 215
Troy, MI 48084
MODANI FURNITURE: Trent Suit Seeks Unpaid OT Wages Under FLSA
-------------------------------------------------------------
CASSANDRA TRENT and IVAN MUHIRE on behalf of themselves,
individually, and ALL OTHERS SIMILARLY SITUATED, the Plaintiffs,
v. MODANI FURNITURE STORES, the Defendant, Case No. 4:16-cv-02178
(S.D. Tex., July 21, 2016), seeks to recover unpaid overtime wages
brought under the Fair Labor Standards Act (FLSA).
The action also seeks equitable relief, compensatory and
liquidated damages, attorney's fees, taxable costs of court, and
post-judgment interest for Defendant's alleged willful failure to
pay overtime wages and compensation for hours worked, but not
recorded or paid.
MODANI FURNITURE sells living & dining room, bedroom, patio and
outdoor furniture.
The Plaintiff is represented by:
Taft L. Foley, II, Esq.
THE FOLEY LAW FIRM
3003 South Loop West, Suite 108
Houston, TX 77054
Telephone: (832) 778 8182
Facsimile: (832) 778 8353
E-mail: Taft.Foley@thefoleylawfirm.com
MSK MANAGEMENT: "Amir" Suit Seeks Unpaid Wages Under FLSA
---------------------------------------------------------
AMIR SEDRAK, LAHCEN HOUSSAM, and MICHAEL FRAY, on behalf of
themselves and all others similarly situated, the Plaintiffs, v.
MSK MANAGEMENT, LLC and MOHAMMAD S. KHAN a/k/a MIKE KHAN, the
Defendants, Case No. 512624/2016 (N.Y. Sup. Ct., July 22, 2016),
seeks to recover minimum wages, overtime pay, wage reimbursements,
and other unpaid wages for Plaintiffs and their similarly situated
co-workers -- delivery drivers -- who work or have worked at any
of the Domino's pizza franchise locations owned and/or operated by
the Defendants, pursuant to the Fair Labor Standards Act (FLSA).
Founded in 1960, Domino's is a publicly traded company and the
recognized world leader in pizza delivery.
The Plaintiff is represented by:
Brian S. Schaffer, Esq.
FIT APELLI & SCHAFFER, LLP
28 Liberty Street, 30th Floor
New York, NY 10005
Telephone: (212) 300 0375
- and -
Jeremiah Frei-Pearson, Esq.
FINKELSTEIN, BLANKINSHIP,
FREI-PEARSON & GARBER
445 Hamilton Avenue, Suite 605
White Plains, NY 10601
Telephone: (914) 298 3281
- and -
Jack McInnes, Esq.
PAUL MCINNES LLP
601 Walnut Street, Suite 300
Kansas City, MO 64106
Telephone: (816) 984 8100
- and -
Mark Potashnick, Esq.
11500 Olive Blvd., Suite 133
St. Louis, MO 63141
Telephone: (314) 997 9150
NATIONSTAR MORTGAGE: Davis Seeks to Certify 2 Classes & Subclass
----------------------------------------------------------------
The Plaintiff in the lawsuit titled WILL DAVIS, individually and
on behalf of all others similarly situated v. NATIONSTAR MORTGAGE
LLC, Case No. 3:15-cv-02920-RS (N.D. Cal.), moves the Court to
certify these classes and subclass:
FCRA Class:
All persons in the United States, who entered into a TPP
pursuant to a non-HAMP mortgage modification with
Nationstar, who were current on their mortgage payments, as
demonstrated by Nationstar's records, prior to the time they
initiated efforts to enter into a mortgage modification with
Nationstar, whose consumer credit report from any of the
major credit reporting agencies (Transunion, Equifax,
Experian and Innovis) reflected an inaccurate consumer
credit report inquiry, from two years prior to the filing of
the complaint, to present.
FCRA Dispute Subclass:
All FCRA Class members who thereafter disputed the inquiry
to one or more of the major credit reporting agencies.
CCCRA Class:
All persons in California, who entered into a TPP pursuant
to a non-HAMP mortgage modification with Nationstar, who
were current on their mortgage payments, as demonstrated by
Nationstar's records, prior to the time they initiated
efforts to enter into a mortgage modification with
Nationstar, and whose consumer credit report from any of the
major credit reporting agencies (Transunion, Equifax,
Experian and Innovis) reflected an inaccurate consumer
credit report inquiry, from two years prior to the filing of
the complaint, to present.
The Plaintiff will also move the Court for appointment of
Plaintiff as Class Representative, and for appointment of
Plaintiff's attorneys as Class Counsel.
Will Davis also moves for appointment of the Law Offices of Todd
M. Friedman, P.C., as class counsel.
The Case arose from alleged violations of the Fair Credit
Reporting Act and the California Consumer Credit Reporting
Agencies Act.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=OoBCcaPC
The Court will commence a hearing on September 22, 2016, at 1:30
p.m., to consider the Motion.
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
324 S. Beverly Dr., #725
Beverly Hills, CA 90212
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
E-mail: tfriedman@attorneysforconsumers.com
abacon@attorneysforconsumers.com
NBTY INC: Sued in Fla. Over Unqualified "Made in USA" Products
--------------------------------------------------------------
JENNIFER SWEAT, on behalf of herself and all others similarly
situated, the Plaintiff, v. NBTY Inc., the Defendant, Case No.
3:16-cv-00940-MMH-PDB (M.D. Fla., July 22, 2016), seeks to recover
damages resulting from Defendant's marketing and selling of Ester-
C and other vitamin supplements with an unqualified representation
of "Made in USA" when the products contain substantial ingredients
sourced from foreign countries.
NBTY is the manufacturer of the Ester-C brand of Vitamins,
including, without limitation, Immune CHARGE Gummies, Immune
CHARGE Quick Dissolve, 1000 mg Tablets, Gummies 1000 mg, Ester-C
Plus Probiotics, Ester-C To Go, 500 mg Tables, and Ester-C with
Vitamin D3.
The Plaintiff is represented by:
Kristan B. Rivers, Esq.
DAVIS & NORRIS LLLP
2154 Highland Avenue South
Birmingham, AL, 32205
Telephone: (205) 930 9900
E-mail: krivers@davisnorris.com
NEW JERSEY: Appeal Filed in "Purpura" Suit v. Gov. Christie
-----------------------------------------------------------
Plaintiff Nicholas Purpura, a sovereign citizen, and for people
similarly situated in New Jersey that hold citizenship in United
States, filed an appeal from a court ruling in the lawsuit titled
Nicholas Purpura v. Chris Christie, et al., Case No. 3-15-cv-
03534, in the United States District Court for the District of New
Jersey.
The lawsuit alleges violations of civil rights.
Chris Christie is the Governor of the state of New Jersey.
The appellate case is captioned as Nicholas Purpura v. Chris
Christie, et al., Case No. 16-3173, in the United States Court of
Appeals for the Third Circuit.
Defendant-Appellee Governor Chris Christie is represented by:
Susan M. Scott, Esq.
Benjamin H. Zieman, Esq.
OFFICE OF ATTORNEY GENERAL OF NEW JERSEY
25 Market Street
Richard J. Hughes Complex
Trenton, NJ 08625
Telephone: (609) 777-4872
E-mail: susan.scott@dol.lps.state.nj.us
Defendant-Appellee Judge Leonard P. Stark is represented by:
Irene E. Dowdy, Esq.
OFFICE OF UNITED STATES ATTORNEY
Camden Federal Building & Courthouse
401 Market Street
Camden, NJ 08101
Telephone: (856) 757-5139
- and -
J. Andrew Ruymann, Esq.
OFFICE OF UNITED STATES ATTORNEY
402 East State Street
Trenton, NJ 08608
Telephone: (609) 989-2190
Defendants-Appellees Richard Cook and Achille Taglialatela are
represented by:
Brian W. Mason, Esq.
NUZZI & MASON, LLC
50 Nelson Street
Dover, NJ 07801
Telephone: (973) 366-9300
Facsimile: (973) 366-9301
E-mail: bwm@nuzzimason.com
NEW YORK: BOE Board Commissions Face "Stewart-Martinez" Suit
------------------------------------------------------------
A lawsuit has been filed against Brenda Thompson. The case is
captioned STEWART-MARTINEZ, PAMELA CANDIDATE FOR STATE ASSEMBLY
FROM THE 87TH ASSEMBLY DISTRICT AND SIMILARLY SITUATED CANDIDATES
ANNEXED HERETO AS SCHEDULE 1, the Plaintiff, v. THOMPSON, BRENDA
PHYLLIS GRAY, OBJECTORS; AND PRESIDENT MARIA R. GUASTELLA;
SECRETARY FREDERIC M. UMANE; COMMISSIONERS JOSE ARAJO; JOHN
FLATEAU, PH.D.; LISA GREY; MICHAEL MICHEL; MICHAEL RENDINO; ALAN
SCHULKIN; SIMON SHAMOUN; ROSANNA V ARGAS, BEING THE BOARD
COMMISSIONS OF THE BOARD OF ELECTION IN THE CITY OF NEW YORK, FOR
AN ORDER DECLARING, the Defendant, Case No. 260417/2016 (N.Y. Sup.
Ct., July 26, 2016). The assigned Judge is Hon. John W. Carter.
NORTHLAND GROUP: Faces "Kislin" Suit in D.N.J.
----------------------------------------------
A lawsuit has been filed against Northland Group Inc. The case is
captioned HENRY KISLIN, on behalf of himself and all others
similarly situated, the Plaintiff, v. NORTHLAND GROUP INC., and
JOHN DOES 1-25, the Defendants, Case No. 3:16-cv-04533-FLW-TJB
(D.N.J., July 25, 2016). The assigned Judge is Hon. Freda L.
Wolfson.
Northland provides debt recovery rates and debt collection
process.
The Plaintiff is represented by:
Glen H. Chulsky, Esq.
375 Passaic Avenue
Fairfield, NJ 07004
E-mail: g.chulsky@att.net
- and -
Joseph K. Jones, Esq.
JONES, WOLF & KAPASI, LLC
375 Passaic Avenue, Suite 100
Fairfield, NJ 07004
Telephone: (973) 227 5900
Facsimile: (973) 244 0019
E-mail: jkj@legaljones.com
NORTHWEST COLLECTORS: Ceragioli Seeks Certification of Class
------------------------------------------------------------
In the class action lawsuit styled DENNIS CERAGIOLI, on behalf of
plaintiff and the class members, the Plaintiff, v. NORTHWEST
COLLECTORS INC., the Defendant, Case No. 1:16-cv-07706 (N.D.
Ill.), the Plaintiff asks the Court to certify a class:
"(a) all natural persons (b) to whom Defendant sent a letter
on or after a date one year prior to the filing of the
action and on or before a date 21 days after the filing of
the action."
The Plaintiff further asks that Edelman, Combs, Latturner &
Goodwin, LLC be appointed counsel for the class.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=SX8h7Rb4
The Plaintiff is represented by:
Daniel A. Edelman, Esq.
Cathleen M. Combs, Esq.
James O. Latturner, Esq.
Cassandra P. Miller, Esq.
EDELMAN, COMBS, LATTURNER
& GOODWIN, LLC
20 South Clark Street, Suite 1500
Chicago, IL 60603-1824
Telephone: (312) 739 4200
Facsimile: (312) 419 0379
E-mail: courtecl@edcombs.com
OREXIGEN THERAPEUTICS: Khoja Appeals S.D. Cal. Ruling to 9th Cir.
-----------------------------------------------------------------
Plaintiff Karim Khoja filed an appeal from a court ruling in the
lawsuit styled Karim Khoja v. Orexigen Therapeutics, Inc., et al.,
Case No. 3:15-cv-00540-JLS-KSC, in the U.S. District Court for the
Southern District of California, San Diego.
The lawsuit arose from alleged violations of securities laws.
Orexigen is a biopharmaceutical company focused on the treatment
of obesity.
The appellate case is captioned as Karim Khoja v. Orexigen
Therapeutics, Inc., et al., Case No. 16-56069, in the United
States Court of Appeals for the Ninth Circuit.
Plaintiff-Appellant Karim Khoja, on behalf of himself and all
others similarly situated, is represented by:
Ramzi Abadou, Esq.
Lewis S. Kahn, Esq.
KAHN SWICK & FOTI, LLC
206 Covington St.
Madisonville, LA 70447
Telephone: (504) 455-1400
E-mail: ramzi.abadou@ksfcounsel.com
lewis.kahn@ksfcounsel.com
- and -
Stephen R. Basser, Esq.
Samuel M. Ward, Esq.
BARRACK, RODOS & BACINE
600 West Broadway
San Diego, CA 92101
Telephone: (619) 230-0800
E-mail: sbasser@barrack.com
sward@barrack.com
Defendants-Appellees OREXIGEN THERAPEUTICS, INC., JOSEPH P. HAGAN,
MICHAEL A. NARACHI and PRESTON KLASSEN are represented by:
John Charles Dwyer, Esq.
COOLEY LLP
5 Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306-2155
E-mail: dwyerjc@cooley.com
- and -
Mary Kathryn Kelley, Esq.
COOLEY LLP
4401 Eastgate Mall
San Diego, CA 92121-1909
Telephone: (858) 550-6000
Facsimile: (858) 550-6420
E-mail: mkkelley@cooley.com
PALCO INC: "Wells" Suit Seeks Unpaid Overtime Wages Under FLSA
--------------------------------------------------------------
CITIA WELLS, for herself and on behalf of All Others Similarly
Situated, the Plaintiff, v. PALCO, INC., ALICIA A. PALADINO, and
LARRY A PALADINO, the Defendant, Case No. 4:16-cv-00527-SWW (E.D.
Ark., July 22, 2016), seeks to recover unpaid overtime wages,
compensation, and overtime wages for hours worked but not recorded
or paid, under the Fair Labor Standards Act (FLSA).
Wells was paid hourly based on how long she was logged into the
Palco Financial Portal. The portal tracked the amount of hours per
week Wells was logged in and the Defendant would pay Wells based
on that number. Palco only paid financial counselors overtime
premiums when their logged in hours exceeded forty in a workweek
and they had received prior approval. The Defendants did not
provide time sheets or a time clock for financial counselors to
record the time they worked including their drive time. The
Plaintiff was required to work overtime hours in excess of a 40-
hour workweek.
Palco provides financial management services and supports
brokerage to individuals on home and community-based services.
The Plaintiff is represented by:
Jones Bruster Loyd, Esq.
JONES, GILLASPIA & LOYD LLP
Member Eastern District of AR
4400 Post oak Pkwy, Suite 2360
Houston, TX 77027
Telephone: (713) 225 9000
Facsimile: (713) 225 6126
E-mail: bruse@jgl-law.com
PROGRESSIVE INSURANCE: Faces "Williams" Suit in E.D. Mo.
--------------------------------------------------------
A lawsuit has been filed against Progressive Insurance Company.
The case is captioned Maurice Williams and all others similarly
situated requesting judgment on class action, the Plaintiff, v.
Progressive Insurance Company, David Keith Bowser, Katie Lade, as
individual and also in their official capacities, the Defendants,
Case No. 4:16-cv-01214 (E.D. Mo., July 25, 2016).
Progressive Corporation provides car insurance in the United
States. The company also insures motorcycles, boats, RVs and
commercial vehicles, and provides home insurance through select
companies.
The Plaintiff appears pro se.
QUALCOM INC: Settles Gender Bias Suit for $19.5 Million
-------------------------------------------------------
Bianca Bruno, writing for Courthouse News Service, reported that
Qualcomm dodged a gender discrimination class action in San Diego,
July 26, by agreeing to pay $19.5 million to 3,300 female STEM
employees who claim they were denied promotions and equal pay.
The suit was brought by Dandan Pan, Wei Shi, Laura Paquin, Blanche
Mutulich, Connie Jacobson, Carrie Haluza and Carolina Dealy on
behalf of thousands of other Qualcomm employees who claim the
company engaged in gender discrimination through pay, raises, job
assignments and placement.
The women also claim Qualcomm discriminated against them based on
pregnancy and childbirth, in violation of California family leave
laws. The women cited internal reports from Qualcomm which show
women hold less than 15 percent of what the company describes as
"senior leadership positions," in pointing out the systemic ways
female employees were discriminated against.
The class is represented by well-known class action law firm
Sanford Heisler.
Both parties conducted an extensive analysis of Qualcomm's
employment and payroll data and hired nationally renowned labor
economists to identify and document specific steps Qualcomm could
take to make "meaningful enhancements" to its employment
practices, according to Sanford Heisler.
Meeting in April and June for pre-suit settlement negotiations
before mediator David Rotman, both parties agreed all women who
worked in "covered positions" from Dec. 4, 2012, through the date
of the order granting preliminary approval would be eligible to
participate in the class. Eligible employees must have worked in
salaried exempt or non-exempt positions and the settlement does
not apply to interns, temporary or contract workers and a host of
divisions and departments within the company including public
relations and sales.
As part of the settlement process, the plaintiffs were required to
file a class complaint and move for preliminary approval of the
agreement in Federal Court.
In addition to the hefty settlement, the agreement requires
Qualcomm to enact extensive internal changes including hiring two
independent consultants who specialize in "industrial
organizational psychology." The consultants will assess the
company's policies and practices and make recommendations of
changes Qualcomm should make in order to make the company a more
equitable workplace for women, according to the agreement.
An internal compliance officer will also be hired to ensure the
continued compliance with the terms of the settlement.
Among the structural changes Qualcomm will make are investing in
leadership development initiatives and educating employees on non-
discrimination policies, to revamping the company's complaint
procedures, according to Sanford Heisler.
Qualcomm denies all claims of wrongdoing, according to the
agreement. In an email, the company's vice president of public
affairs Christine Trimble said the company elected to settle
despite "strong defenses" to the lawsuit.
"Qualcomm is committed to treating its employees fairly and
equitably. While we have strong defenses to the claims, we elected
to focus on continuing to make meaningful enhancements to our
internal programs and processes that drive equity and a diverse
and inclusive workforce which are values that we share and
embrace. The settlement is still subject to court approval so we
cannot comment further," Trimble said.
The case captioned, DANDAN PAN, WEI SHI, LAURA PAQUIN, BLANCHE
MATULICH, CONNIE JACOBSON, CARRIE HALUZA, CAROLINA DEALY, on
behalf of themselves and all others similarly situated,
PLAINTIFFS, v. QUALCOMM INCORPORATED AND QUALCOMM TECHNOLOGIES,
INC., DEFENDANTS (S.D. Cal.).
Attorneys for Defendants Qualcomm Incorporated and Qualcomm
Technologies, Inc.:
David Sanford, Esq.
SANFORD HEISLER, LLP
1666 Connecticut Ave. NW, Suite 300
Washington, DC 20009
Telephone: (202) 499-5200
Facsimile: (202) 499-5199
E-mail: dsanford@sanfordheisler.com
- and -
Felicia Medina, Esq.
Xinying Valerian, Esq.
Danielle Fuschetti, Esq.
SANFORD HEISLER, LLP
111 Sutter Street, Suite 975
San Francisco, CA 94104
Telephone: (415) 795-2020
Facsimile: (415) 795-2021
E-mail: fmedina@sanfordheisler.com
xvalerian@sanfordheisler.com
dfuschetti@sanfordheisler.com
- and -
Ed Chapin, Esq.
Jill Sanford, Esq.
SANFORD HEISLER, LLP
501 West Broadway, Suite 515
San Diego, CA 92101
Telephone: (619) 577-4253
Facsimile: (619) 577-4250
E-mail: echapin@sanfordheisler.com
jsanford@sanfordheisler.com
- and -
Nancy L. Abell, Esq.
Jan E. Eakins, Esq.
Maria A. Audero, Esq.
PAUL HASTINGS LLP
515 South Flower Street, 25th Floor
Los Angeles, CA 90071
Telephone: (213) 683-6000
Facsimile: (213) 627-0705
E-mail: nancyabell@paulhastings.com
mariaaudero@paulhastings.com
janeakins@paulhastings.com
QUEEN MARIE: Faces "Abreu" Suit in E.D.N.Y.
-------------------------------------------
A lawsuit has been filed against Queen Marie Italian Restaurant,
Inc. The case is captioned Jose Abreu, Oscar Moreno, and Jonathan
Navarrete, Individually and behalf of all other persons similarly
situated, the Plaintiffs, v. Queen Marie Italian Restaurant, Inc.,
Pasquino Vitiello, Individually, and Vincent Vitiello,
Individually, the Defendants, Case No. 1:16-cv-04126 (E.D.N.Y.,
July 25, 2016).
Marie Queen is an Italian restaurant located in Brooklyn, New
York.
The Plaintiffs appear pro se.
RAS ENERGY: Ortega Seeks Payment of Damages Under FLSA
------------------------------------------------------
CARLOS ORTEGA, the Plaintiff, v. RAS ENERGY, INC., a Florida
corporation, and RHONDA L. SCHROEDER, individually, the Defendant,
Case No. CACE-16-013475 (Fla. Cir. Ct., July 22, 2016), seeks to
recover damages in excess of $15,000, exclusive of costs and
interest, pursuant to the Fair Labor Standards Act of 1938
(FLSA)and the Florida Minimum Wage provision of the Florida
Constitution and the Florida Minimum Wage Act.
The Defendants, who paid Mr. Ortega $250-a-week for working 57
hours each week, violated the FLSA by failing to pay Ortega the
full minimum wage of $7.79 hourly in 2013, $7.93 hourly in 2014,
$8.05 hourly in 2015 and $8.22 hourly in 2016.
The Plaintiff is represented by:
William R. Amlong, Esq.
AMLONG & AMLONG, P.A.
500 Northeast Fourth Street, Second Floor
Fort Lauderdale, FL 33301-1154
Telephone: (954) 462 1983
RAWLINGS FINANCIAL: Papetti Appeals Ruling in New York Class Suit
-----------------------------------------------------------------
Plaintiff Anthony Papetti filed an appeal from a District Court
opinion & order, dated July 25, 2016, in the lawsuit titled
Papetti v. Rawlings Financial Services, LLC, Case No. 15-cv-2933,
in the U.S. District Court for the Southern District of New York
(New York City).
As previously reported in the Class Action Reporter, the
Plaintiffs seeks to put an end on the Defendant's alleged actions
of using an unfair and unconscionable means to collect a debt.
The appellate case is entitled Papetti v. Rawlings Financial
Services, LLC, Case No. 16-2582, in the United States Court of
Appeals for the Second Circuit.
Plaintiff-Appellant Anthony Papetti, on behalf of himself and all
others similarly situated, is represented by:
Joseph K. Jones, Esq.
LAW OFFICES OF JOSEPH K. JONES, LLC
1056 5th Avenue
New York, NY 10017
Telephone: (646) 459-7971
E-mail: jkj@legaljones.com
Defendant-Appellee Rawlings Financial Services, LLC, is
represented by:
Barry Jacobs, Esq.
ABRAMS, GORELICK, FRIEDMAN & JACOBSON
1 Battery Park Plaza
New York, NY 10004
Telephone: (212) 422-1200
E-mail: bjacobs@agfjlaw.com
RELX INC: Certification of TCPA Class Sought in "Mussat" Suit
-------------------------------------------------------------
The Plaintiff in the lawsuit captioned FLORENCE MUSSAT, M.D. S.C.,
individually and on behalf of similarly situated persons v. RELX
INC., d/b/a LEXISNEXIS, and CORPORATE DOES 1-3, Case No. 1:16-cv-
07643 (N.D. Ill.), seeks to certify this class:
All persons who were sent at least one fax in the form
represented by Exhibit A attached to Plaintiff's Complaint,
that was received on or after July 28, 2012, and on or
before July 28, 2016.
Florence Mussat brings the action individually and on behalf of
similarly situated persons to secure monetary and injunctive
redress for the alleged illegal actions of faxing an unsolicited
advertisement in violation of the Telephone Consumer Protection
Act.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=bu5C22d6
The Plaintiff is represented by:
Curtis C. Warner, Esq.
WARNER LAW FIRM, LLC
350 S. Northwest HWY, Suite 300
Park Ridge, IL 60068
Telephone: (847) 701-5290
E-mail: cwarner@warnerlawllc.com
REPUBLIC SCHOOLS: Skette Seeks Certification of Class & Subclass
----------------------------------------------------------------
In the lawsuit styled IRIKA SKEETE and ALLISON BAIRD, on behalf of
themselves and all other entities and persons similarly situated,
the Plaintiffs, v. REPUBLIC SCHOOLS NASHVILLE, the Defendant, Case
No. 3:16-cv-0043 (M.D. Tenn.), the Plaintiffs ask the Court to
certify class and subclass:
Class
"All individuals in the United States who were sent a text
to their cellular telephone by RePublic Schools Nashville
Schools from the number (615) 270-4554 during the time
period of August 17, 2015 through the present."
Subclass
"All individuals in the United States who were sent a text
message to their cellular telephone by RePublic Schools
Nashville from the number (615) 270-4554 during the time
period of August 17, 2015 to the present after the
individual provided a text request to stop the text
messages."
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=PS1WbDRz
The Plaintiff is represented by:
David R. Esquivel, Esq.
Clark D. Milner, Esq.
BASS, BERRY & SIMS PLC
150 Third Avenue South, Suite 2800
Nashville, TN 37201
Telephone: (615) 742 6200
E-mail: desquivel@bassberry.com
cmilner@bassberry.com
ROTI RESTAURANTS: Lindner Seeks Certification of Customers Class
----------------------------------------------------------------
The Plaintiff in the lawsuit entitled COOPER LINDNER, individually
and on behalf of all others similarly situated v. ROTI
RESTAURANTS, LLC, d/b/a Roti Modern Mediterranean and d/b/a Roti
Mediterranean Grill, a Delaware limited liability company, Case
No. 1:16-cv-07653 (N.D. Ill.), asks the Court to enter an order
certifying this class:
All persons in the United States to whom Roti Restaurants,
LLC d/b/a Roti Modern Mediterranean and d/b/a Roti
Mediterranean Grill provided an electronically printed
receipt at the point of sale or transaction, in a
transaction occurring on or after July 28, 2014, on which
receipt was printed more than the last five (5) digits of
the person's credit or debit card number.
Mr. Lindner asserts that his claims are based on the Defendant's
failure to comply with the card receipt truncation requirements
set forth in Section 1681c(g) of the Fair Credit Reporting Act.
He notes that the Defendant serves thousands of customers each day
via 22 retail locations in multiple states, and many of those
customers pay with credit or debit cards.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=kNPs8gaW
The Plaintiff is represented by:
Karl G. Leinberger, Esq.
Paul Markoff, Esq.
MARKOFF LEINBERGER LLC
134 N. LaSalle St., Suite 1050
Chicago, IL 60602
Telephone: (312) 726-4162
Facsimile: (312) 674-7272
E-mail: karl@markleinlaw.com
paul@markleinlaw.com
SANOFI: Meitav Files Appeal in Securities Suit Over 2013 Offering
-----------------------------------------------------------------
Plaintiffs Meitav DS Provident Funds and Pension Ltd., and Joel
Mofsenson, filed an appeal from a court ruling in the lawsuit
entitled In re Sanofi Securities Litigation, Case No. 14-cv-9624,
in the U.S. District Court for the Southern District of New York
(New York City).
The appellate case is captioned as In re Sanofi Securities
Litigation, Case No. 16-2573, in the United States Court of
Appeals for the Second Circuit.
As previously reported in the Class Action Reporter on July 4,
2016, Judge P. Kevin Castel denied the Plaintiffs' motion for
reconsideration, relief from judgment, and leave to file an
amended complaint. In a Memorandum and Order dated January 6,
2016, the Court dismissed the Plaintiffs' putative class action
against Sanofi and its former Chief Executive Officer Christopher
Viehbacher for failure to state a claim. The Plaintiffs then
moved to alter or amend the judgment, for relief from judgment and
for leave to file a Second Consolidated Amended Complaint. A
full-text copy of Judge Castel's June 24, 2016 memorandum and
order is available at https://is.gd/leyxIi from Leagle.com.
The Plaintiffs brought the putative class action on behalf of all
persons, who purchased Sanofi American Depositary Shares between
February 7, 2013, and October 29, 2014. They allege that
Defendants Sanofi and its former Chief Executive Officer
Christopher Viehbacher violated the Securities Exchange Act of
1934 when they misstated and omitted material information
regarding sales of Sanofi's diabetes product line and matters of
corporate integrity.
Plaintiffs-Appellants Meitav DS Provident Funds and Pension Ltd.,
and Joel Mofsenson are represented by:
Jeremy Alan Lieberman, Esq.
POMERANTZ HAUDEK GROSSMAN & GROSS LLP
600 3rd Avenue
New York, NY 10016
Telephone: (212)-661-1100
Facsimile: (212)-661-8665
E-mail: jalieberman@pomlaw.com
Defendants-Appellees Sanofi, Christopher A. Viehbacher, Jerome
Contamine, Serge Weinberg, Laurent Attal, UWE Bicker, Robert
Castaigne, Theirry Desmarest, Lord Douro, Jean-Rene Fourtou,
Claudi Haignere, Igor Landau, Suet-Fern Lee, Christian Mulliez,
Klaus Pohle, Gerard Van Kemmel and Gregory Irace are represented
by:
John A. Neuwirth, Esq.
WEIL, GOTSHAL & MANGES LLP
767 5th Avenue
New York, NY 10153
Telephone: (212) 310-8297
E-mail: john.neuwirth@weil.com
SANTA CLARA, CA: Court Denied Class Cert. Bid in "Blake" Suit
-------------------------------------------------------------
The Hon. Haywood S. Gilliam, Jr. entered an order in the lawsuit
captioned SHAWNCEY BLAKE, the Plaintiff, v. COUNTY OF SANTA CLARA,
the Defendant, Case No. 3:16-cv-01279-HSG (N.D. Cal.), denying
Plaintiff's motion to proceed as a class action
The Court further dismissed the complaint with leave to amend,
within 30 days of the order. The pleading must be simple and
concise and must include the caption and civil case number used in
the order. Failure to file a proper amended complaint within the
designated time will result in the dismissal of the action.
The Clerk of the Court shall send plaintiff a blank civil rights
form along with his copy of this order. The Plaintiff is advised
that an amended complaint supersedes the original complaint.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=UdyOcCCg
SHELBY COUNTY: Faces "Robinett" Suit in E.D. Ark.
-------------------------------------------------
A lawsuit has been filed against Shelby County Healthcare
Corporation. The case is captioned Lacey Robinett, Individually
and on behalf of all others similarly situated, the Plaintiff, v.
Shelby County Healthcare Corporation, doing business as Regional
One Health and Regional Medical Center; and Avectus Healthcare
Solutions LLC, the Defendant, Case No. 3:16-cv-00188-DPM (E.D.
Ark., July 26, 2016). The assigned Judge is Hon. D. P. Marshall
Jr.
Shelby County provides a variety of health care services to the
residents of Memphis, Tennessee.
The Plaintiff is represented by:
Brandon W. Lacy, Esq.
WILCOX & LACY, PLC
600 South Main Street
Jonesboro, AR 72401
Telephone: (870) 931 3101
Facsimile: (870) 931 3102
E-mail: blacy@wilcoxlacy.com
- and -
Jeffrey Owen Scriber, Esq.
324 South Main
Jonesboro, AR 72401
Telephone: (870) 336 0155
Facsimile: (870) 934 8887
E-mail: scriberfirm@gmail.com
The Defendant is represented by:
John I. Houseal, Jr., Esq.
GLANKLER BROWN, PLLC
6000 Poplar Avenue, Suite 400
Memphis, TN 38119-3955
Telephone: (901) 525 1322
Facsimile: (901) 761 1332
E-mail: jhouseal@glankler.com
- and -
John Irving Houseal , III
EASLEY & HOUSEAL, PLLC
Post Office Box 1115
Forrest City, AR 72336-1115
Telephone: (870) 633 1447
Facsimile: (870) 633 1687
E-mail: john@ehtriallawyers.com
- and -
Jeffrey W. Puryear, Esq.
Mark Alan Mayfield, Esq.
Ryan M. Wilson, Esq.
WOMACK PHELPS PURYEAR
MAYFIELD & MCNEIL, P.A.
Post Office Box 3077
Jonesboro, AR 72403-3077
Telephone: (870) 932 0900
Facsimile: (870) 932 2553
E-mail: jpuryear@wpmfirm.com
mmayfield@wpmfirm.com
rwilson@wpmfirm.com
SNYDERS-LANCE INC: "Roxberry" Suit to Recover Overtime Pay
----------------------------------------------------------
Michael Roxberry, Randy Perdue, Britt Manning, Tom Grutsch, Thomas
Lee Smawley, Bob Johnson, Renae Riddle, Makenzie Snyder, on behalf
of themselves and all others similarly situated, Plaintiffs, v.
Snyders-Lance, Inc., S-L Routes, LLC, and S-L Distribution
Company, Inc., Defendants, Case No. 3:16-cv-00446 (E.D. Tenn.,
July 15, 2016), seeks overtime compensation, liquidated damages
with interest and attorneys' fees and costs under the Fair Labor
Standards Act of 1938.
Defendants are in the business of distributing certain brands of
snack foods to stores throughout the country, including Tennessee.
Plaintiffs worked as delivery drivers.
The Plaintiffs are represented by:
J. Keith Coates, Jr., Esq.
J. Chadwick Hatmaker, Esq.
J. Keith Coates, Jr., Esq.
WOOLF, McCLANE, BRIGHT, ALLEN & CARPENTER, PLLC
Post Office Box 900
Knoxville, TN 37901-0900
Tel: (865) 215-1000
Fax: (865) 215-1001
STATILE NURSERIES: Faces "Martinez-Luna" Suit in D.N.J.
-------------------------------------------------------
A lawsuit has been filed against Statile Nurseries, Inc. The case
is captioned MARTIN MARTINEZ-LUNA, on behalf of himself and all
others similarly situated, the Plaintiff, v. STATILE NURSERIES,
INC., the Defendant, Case No. 2:16-cv-04537 (D.N.J., July 26,
2016).
Statile Nurseries is a wholesale nursery, selling top-quality
plants and a full line of hardgoods and bulk products.
The Plaintiff appears pro se.
TENNESSEE: Dept. of Corrections Officers Face "Graham" Suit
-----------------------------------------------------------
A lawsuit has been filed against Tony C. Parker. The case is
styled Charles Graham, also known as Charles Stevenson, and
Russell L. Davis, on behalf of themselves and all others similarly
situated, the Plaintiffs, v. Tony C. Parker Commissioner,
Tennessee Department of Corrections, in his official capacity;
Marina Cadreche, Dr., Assistant Commissioner of Rehabilitative
Services, Tennessee Department of Corrections, in her official
capacity; and Kenneth Williams, Dr., Medical Director, Tennessee
Department of Corrections, in his official capacity, the
Defendants, Case No. 3:16-cv-01954 (M.D. Tenn., July 25, 2016).
The assigned District Judge is Hon. Waverly D. Crenshaw, Jr.
Tennessee Department of Correction is a Cabinet-level agency
within the Tennessee state government responsible for the
oversight of more than 20,000 convicted offenders in Tennessee.
The Plaintiff is represented by:
Elizabeth S. Logsdon, Esq.
DISABILITY RIGHTS TENNESSEE
2 International Plaza, Suite 825
Nashville, TN 37217
Telephone: (615) 298 1080
Facsimile: (615) 298 2046
E-mail: lizl@disabilityrightstn.org
- and -
Karla M. Campbell, Esq.
BRANSTETTER, STRANCH
& JENNINGS, PLLC
The Freedom Center
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254 8801
Facsimile: (615) 255 5419
E-mail: karlac@bsjfirm.com
- and -
Thomas H. Castelli, Esq.
ACLU (Nashville Office)
P O Box 120160
Nashville, TN 37212
Telephone: (615) 320 7142 Ext. 303
Facsimile: (615) 691 7219
E-mail: tcastelli@aclu-tn.org
TH HEALTHCARE: Faces "Li" Lawsuit Alleging Violation of FLSA
------------------------------------------------------------
AMBER LI, Individually and On Behalf of All Others Similarly
Situated, v. TH HEALTHCARE LTD. d/b/a PARK PLAZA HOSPITAL, Case
4:16-cv-02229 (S.D. Tex., July 26, 2016), seeks to recover all
alleged unpaid wages and other damages owed to hourly-paid nurses
under the Fair Labor Standards Act.
TH Healthcare, Ltd. is based in Center, Texas. TH Healthcare, Ltd.
operates as a subsidiary of Amisub of Texas, Inc.
The Plaintiff is represented by:
Todd Slobin, Esq.
Ricardo J. Prieto, Esq.
SHELLIST, LAZARZ, SLOBIN LLP
11 Greenway Plaza, Suite 1515
Houston, TX 77046
Phone: (713) 621-2277
Fax: (713) 621-0993
E-mail: tslobin@eeoc.net
rprieto@eeoc.net
TH HEALTHCARE: "Williams" Suit Seeks Unpaid Wages Under FLSA
------------------------------------------------------------
DOVIE WILLIAMS, Individually and On Behalf of All Others Similarly
Situated, the Plaintiff, v. TH HEALTHCARE LTD d/b/a PARK PLAZA
HOSPITAL, the Defendant, Case No. 4:16-cv-02198 (S.D. Tex., July
22, 2016), seeks to recover all unpaid wages and other damages
under the Fair Labor Standards Act (FLSA).
According to the complaint, the Defendant failed to take into
account all remunerations when calculating the regular hourly and
overtime rates. Consequently, Defendant's compensation policy
violates the FLSA's mandate that non-exempt employees, such as
Plaintiff and Class Members, be compensated at one and one-half
times their regular rate of pay for each hour worked over 40 hours
in a week.
TH Healthcare is based in Center, Texas. The company operates as a
subsidiary of Amisub of Texas, Inc.
The Plaintiff is represented by:
Todd Slobin, Esq.
RICARDO J. PRIETO
SHELLIST LAZARZ SLOBIN LLP
11 Greenway Plaza, Suite 1515
Houston, TX 77046
Telephone: (713) 621 2277
Facsimile: (713) 621 0993
E-mail: tslobin@eeoc.net
rprieto@eeoc.net
TOSHIBA CORP: Appeal Filed From Court Ruling in "Stoyas" Suit
-------------------------------------------------------------
Plaintiffs Mark Stoyas, Automotive Industries Pension Trust Fund,
and New England Teamsters & Trucking Industry Pension Fund filed
an appeal from a court ruling in the lawsuit styled MARK STOYAS,
Individually and on behalf of all others similarly situated, and
AUTOMOTIVE INDUSTRIES PENSION TRUST FUND; NEW ENGLAND TEAMSTERS &
TRUCKING INDUSTRY PENSION FUND v. TOSHIBA CORPORATION, Case No.
2:15-cv-04194-DDP-JC, in the U.S. District Court for the Central
District of California, Los Angeles.
The appellate case is captioned as MARK STOYAS, Individually and
on behalf of all others similarly situated, and AUTOMOTIVE
INDUSTRIES PENSION TRUST FUND; NEW ENGLAND TEAMSTERS & TRUCKING
INDUSTRY PENSION FUND v. TOSHIBA CORPORATION, Case No. 16-56058,
in the United States Court of Appeals for the Ninth Circuit.
As previously reported in the Class Action Reporter on May 31,
2016, District Judge Dean D. Pregerson granted in part and denied,
in part, the Plaintiffs' Motion to Strike the Declaration of Ayumi
Wada, and granted the Defendant's Motion to Dismiss. A full-text
copy of Judge Pregerson's May 20, 2016 order is available at
https://is.gd/LFpT6A from Leagle.com.
The putative securities class action lawsuit was filed by Mark
Stoyas in June 2015, alleging that the Defendant and two of its
former Chief Executive Officers had violated U.S. securities laws
by selling stock with an inflated price caused by the defendants'
false profit reports.
The Ninth Circuit directed the parties to meet this time schedule:
August 1, 2016 Mediation Questionnaire is due.
August 24, 2016 Transcript will be ordered.
November 22, 2016 Transcript will be filed by court reporter.
January 3, 2017 Appellant's opening brief and excerpts of
record will be served and filed pursuant to
FRAP 32 and 9th Cir. R. 32-1.
February 2, 2017 Appellee's answering brief and excerpts of
record will be served and filed pursuant to
FRAP 32 and 9th Cir. R. 32-1.
The optional Appellant's reply brief will be filed and served
within 14 days of service of the Appellee's brief, pursuant to
FRAP 32 and 9th Cir. R. 32-1. The Ninth Circuit stated that
failure of the Appellant to comply with the Time Schedule Order
will result in automatic dismissal of the appeal.
TRI STATE ROOFING: Faces Suit in S.D. Fla.
------------------------------------------
A lawsuit has been filed against Tri State Roofing and General
Contractors, LLC. The case is captioned Law Offices of Timothy
Carl Blake, P.A., individually, and on behalf of all others
similarly situated, the Plaintiff, v. Tri State Roofing and
General Contractors, LLC, a Texas Corporation, the Defendant, Case
No. 1:16-cv-23204-UU (S.D. Fla., July 25, 2016). The assigned
Judge is Hon. Ursula Ungaro.
Tri State is engaged in the building construction industry.
The Plaintiff is represented by:
Charles Richard Bennett, Jr.
Peter Ashley Bennett, Esq.
BENNETT, BENNETT
ATTORNEYS AT LAW
1200 Anastasia Avenue. Office 360
Coral Gables, FL 33134
Telephone: (305) 444 5925
Facsimile: (206) 333 0792
E-mail: richardbennett27@gmail.com
peterbennettlaw@gmail.com
- and -
Joshua Aaron Glickman, Esq.
SOCIAL JUSTICE LAW COLLECTIVE, PL
P.O. Box 70327
Washington, DC 20024
Telephone: (202) 709 5744
Facsimile: (866) 893 0416
E-mail: josh@sjlawcollective.com
- and -
Shawn Alex Heller, Esq.
434 Skinner Blvd., APT 206
Dunedin, FL 34698
Telephone: (202) 709 5744
Facsimile: (866) 893 0416
E-mail: shawn@shawnheller.com
UBER TECHNOLOGIES: Faces "Hood" Suit for Misclassifying Drivers
---------------------------------------------------------------
MICHAEL HOOD, individually, and on behalf of all others similarly-
situated, v. UBER TECHNOLOGIES, INC., RASIER, LLC, JOHN DOES I-V,
Case No. 1:16-CV-998 (D.N.C., July 26, 2016) , alleges that Uber
misclassified its Drivers as "Independent Transportation
Providers" who are owed fundamental wage protections under federal
law and North Carolina wage and hour laws.
Defendant Uber owns and operates the Uber ride sharing service.
The Plaintiff is represented by:
Paul R. Dickinson Jr., Esq.
LEWIS & ROBERTS, PLLC
One Southpark Center
6060 Piedmont Row Drive South, Suite 140
Charlotte, NC 28287
Phone: (704) 347-8990
Fax: (704) 347-8929
E-mail: prd@lewis-roberts.com
- and -
Paul B. Maslo, Esq.
NAPOLI LAW PLLC
360 Lexington Avenue, 11th Floor
New York, NY 10019
Phone: (212) 397-1000
Fax: (646) 843-7603
E-mail: pmaslo@napolilaw.com
- and -
Brittany Weiner, Esq.
IMBESI LAW P.C.
450 Seventh Avenue, Suite 1408
New York, NY 10123
Phone: (212) 736-0007
Fax: (212) 658-9177
E-mail: brittany@lawicm.com
UNITED RECOVERY: "WHITING" Suit Seeks Unpaid Wages Under FLSA
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GODFREY WHITING, Individually, and on Behalf of All Others
Similarly Situated, the Plaintiffs, v. UNITED RECOVERY SYSTEMS,
LP, the Defendant, Case No. 4:16-cv-02202 (S.D. Tex., July 23,
2016), seeks damages including unpaid wages, unpaid overtime,
statutory liquidated damages, and reasonable attorneys' fees and
expenses against the Defendant for violations of the Fair Labor
Standards Act (FLSA).
According to the complaint, when Whiting and similarly situated
employees worked over 40 hours per week, the Defendant would not
properly compensate the employees for hours worked over 40 hours
per week. Specifically, the Defendant failed to pay Whiting, and
other similarly situated employees, time and one-half of their
regular rates for all hours worked over forty in a workweek.
United Recovery operates a collection agency and employs personnel
like WHITING and the similarly situated employees as debt
collectors.
The Plaintiff is represented by:
Alfonso Kennard, Jr., Esq.
KENNARD RICHARD PC
2603 Augusta Dr., 14th Floor
Houston, TX 77057
Telephone: (713) 742-0900
Facsimile: (713) 742-0951
E-mail: alfonso.kennard@kennardlaw.com
UNITED STATES: CAMC et al. Seek Certification of Taxpayers Class
----------------------------------------------------------------
The Plaintiffs asks the Court for certification of a class in the
lawsuit captioned Wichita Center for Graduate Medical Education
Inc., Charleston Area Medical Center, Inc., and CAMC Health
Education and Research Institute, Inc., on behalf of themselves
and all other taxpayers similarly situated, the Plaintiffs, v.
United States of America, the Defendant, Case No. 6:16-cv-01054-
JTM-KGG (D. Kan.).
The Plaintiffs tell the Court they will further address arguments
they anticipate the IRS will make in opposition to the
certification request and explain that the arguments are without
merit. The Plaintiffs do not foresee a need to present testimony
on the class certification issue, but, reserve the right to make
such a request in their Reply Memorandum. Plaintiffs would welcome
oral argument.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=FcFjqfTj
The Plaintiff is represented by:
Thomas D. Sykes, Esq.
THE LAW OFFICES OF
THOMAS D. SYKES LLC
825 South Waukegan Road # 10
Lake Forest, IL 60045
Telephone: (847) 604 4928
Facsimile: (847) 604 4961
E-mail: tomsykes@sykestaxlaw.com
- and -
Patricia M. Dengler, Esq.
GILLILAND & HAYES LLC
301 N. Main Street, Suite 1300
Wichita, KS 67202-4813
Telephone: (316) 264 7321
Facsimile: (316) 264 8614
E-mail: pdengler@gh-ks.com
UPMC: Settlement Class Certified in Cole's Wexford Hotel Suit
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In the class action lawsuit styled COLE'S WEXFORD HOTEL, INC., on
its own behalf and on behalf of all others similarly situated, the
Plaintiffs, v. UPMC and HIGHMARK, INC., the Defendants, Case No.
2:10-cv-01609-JFC (W.D. Penn.), the Hon. Joy Flowers Conti entered
an order certifying a settlement class:
"all persons, whether natural or fictitious, who purchased
small group health insurance coverage in Western
Pennsylvania from, or otherwise paid any small group plan
premiums or portion to, Highmark Health Insurance Co. or a
similar for profit subsidiary of Highmark, Inc. between
July 1, 2010 and March 21, 2012."
Excluded from the settlement class are any putative Class Members
who exclude themselves from the class, as well as UPMC, Highmark
Inc., and their respective officers, employees, agents,
representatives, parents, subsidiaries, and affiliates.
The Court further:
1. certified Plaintiff as class representative for the
Settlement Class; and
2. appointed the firms of Del Sole Cavanaugh Stroyd; Boies,
Schiller & Flexner LLP; Stone & Magnanini; Stone Law Firm
LLC; and Scott M. Hare, Esq as settlement class counsel.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=tbDlFWHA
VA VA VOOM: "Carillo" Suit to Recover Overtime Pay
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Jose Carillo, individual and on behalf of others similarly
situated, Plaintiff, v. Va Va Voom, a California corporation; and
Does 1 through 20, inclusive, Defendants, Case No. BC627112 (Cal.
Super., July 14, 2016), seeks overtime premium wages, requisite
minimum wage for all hours worked, interest, attorneys' fees and
costs under California Labor Code and Industrial Welfare
Commission Orders.
Plaintiff was hired by the defendant as a sales representative. He
claims to be denied overtime pay.
Plaintiff is represented by:
Kaveh S. Elihu, Esq.
Kanna Godoy, Esq.
EMPLOYEE JUSTICE LEGAL GROUP, LLP
3055 Wilshire Boulevard, Suite 1120
Los Angeles, CA 90010
Telephone: (213) 382-2222
Facsimile: (213) 382-2320
VOLKSWAGEN GROUP: Faces Class Action over Audi Defective Locks
--------------------------------------------------------------
Courthouse News Service reported that Volkswagen's 2013 through
2015 Audi Q5s and 2013 through 2015 Audi Q7s lock without warning
and without instruction from the driver, a class action claims in
Los Angeles Federal Court.
VOLKSWAGEN GROUP: Washington State Slaps $176 Million Fine
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Jamie Henneman, writing for Courthouse News Service, reported that
after settling a nationwide class action and claims by the U.S.
Environmental Protection Agency, Volkswagen took another punch
from Washington state for violating air quality standards with
software designed to cheat vehicle emissions tests.
The Washington State Department of Ecology fined Volkswagen $176
million for environmental damage caused by the more than 21,000
vehicles registered in Washington with software designed to cheat
emissions tests. Washington state will also be awarded $103.9
million as their part of the $14.7 billion dollar settlement
between Volkswagen and the EPA.
The department said the Volkswagen diesel vehicles emitted up to
40 times the permitted levels of harmful nitrogen oxides.
"Volkswagen's actions violated our state's air quality laws and
put people's health at risk," Ecology director Maia Bellon said.
"This has caused irreparable damage to the publics' trust."
Department spokeswoman Camille St. Onge said exposure to nitrogen
oxides is linked to a range of serious health effects including
increased asthma attacks, and contributes to premature death from
respiratory-related and cardiovascular disease. Children, the
elderly, and people with preexisting respiratory diseases are
particularly vulnerable to these pollutants.
Volkswagen has 30 days to appeal the penalty to the Washington
Pollution Control Hearings Board.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Marion
Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala,
Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo,
Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2016. All rights reserved. ISSN 1525-2272.
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