/raid1/www/Hosts/bankrupt/CAR_Public/161017.mbx
C L A S S A C T I O N R E P O R T E R
Monday, October 17, 2016, Vol. 18, No. 207
Headlines
701 DELI INC: "Nicolas" Suit to Recover Unpaid Minimum, OT Wages
ALLIED INTERSTATE: Faces "Leitner" Suit in E.D. of New York
AMAZON.COM: Doesn't Properly Pay Drivers, "Rittmann" Suit Claims
ANSWER FINANCIAL: Class Certification Sought in "Parker" Suit
ATLANTIC RICHFIELD: Faces "Rolan" Suit in N.D. of Indiana
AUTO CLUB: Does Not Properly Pay Employees, "Neibarger" Suit Says
BABCOCK LUMBER: Seeks to Certify Settlement Class in Walter Suit
CALIFORNIA FAIR: Faces "Hernandez" Suit Over Insurance Policy
CAPITAL ONE: Sued in Philadelphia Over Financed Vehicle Policies
CHECKSMART FINANCIAL: "Nelson" Sues Over Telemarketing Calls
CHESAPEAKE ENERGY: Sued Over Misleading Financial Reports
CHOP'T CREATIVE: Faces "Doncouse" Suit Over Civil Rights Breach
COGNIZANT TECHNOLOGY: Sued Over Misleading Financial Reports
CREDIT CONTROL: Faces "Bakon" Suit in E.D. of New York
ESURANCE INSURANCE: Faces "Rasmussen" Suit in Cal. Super. Ct.
GCA EDUCATION: "Lynch" Sues Over Unpaid OT Pay, Missed Breaks
GDOLY CORP: "Celis" Files Suit Over Unpaid Wages
GENERAL MILLS: "Scott" Sues Over Biociode Content in Oat Products
GEORGIA: Faces Suit in Super. Ct. Over Misleading Ballot Language
GMA INVESTMENTS: Certification of Class Sought in "Hoffman" Suit
HELLER CASING: "McCray" Suit to Recover Overtime Pay
ICAHN ENTERPRISES: "Lemanchek" Sues Over Shady Merger Deal
IHEARTMEDIA: Faces "Spicer" Suit Over Copyright Infringement
ILLINOIS: Brittaney Asks Ct. to Find DCFS Allegation 74 as Void
IUNLIMITED INC: Faces "Gonzales" Suit Alleging Violation of FLSA
JD CLASSIC: Faces "Ramirez-Marin" Suit in E.D. of New York
JIA XING: Fails to Pay Employees Overtime, "Qui" Action Claims
L'OREAL USA: "Carter" Sues Over Product Side-Effects
LG CORP: Amirnovin Files Suit Over Sherman Act Violation
LOCAL TOP: Has Made Unsolicited Calls, "Weisberg" Suit Claims
LUMBER LIQUIDATORS: "Goodling" Suit Consolidated in MDL 2743
LUMBER LIQUIDATORS: "Dunkin" Suit Moved from E.D. Mo. to MDL 2743
LUMBER LIQUIDATORS: "Jackson" Suit Consolidated in MDL 2743
LUMBER LIQUIDATORS: "Strong" Suit Consolidated in MDL 2743
LUMBER LIQUIDATORS: "Webster" Suit Consolidated in MDL 2743
LUMBER LIQUIDATORS: "Hensley" Suit Consolidated in MDL 2743
LUMBER LIQUIDATORS: "Leonard" Suit Consolidated in MDL 2743
MARATHON OIL: Faces "Grellner" Suit in Western Dist. of Oklahoma
MATRIX ABSENCE: Faces "Ries" Suit Over Failure to Pay Overtime
MIDLAND CREDIT: "Merkovich" Suit Seeks Class Certification
MONTEREY FINANCIAL: Faces "Leitner" Suit in E.D. of New York
MRS BPO: Faces "Stiel" Suit in Eastern District of New York
NATIONAL COLLEGIATE: "Donner" Sues Over Dangers of Head Injuries
NATIONAL COLLEGIATE: "Harley" Sues Over Head Injuries in Football
NATIONAL COLLEGIATE: Faces "Odom" Suit Over Athletes' Safety
NATIONAL COLLEGIATE: Faces "Pettus" Suit Over Athletes' Safety
NATIONAL COLLEGIATE: Faces "Sullivan" Suit Over Athletes' Safety
NATIONAL COLLEGIATE: Faces "Tolbert" Suit Over Athletes' Safety
NATIONAL COLLEGIATE: Faces "Wysocki" Suit Over Athletes' Safety
NEW YORK: State Department of Health Faces B Z Suit in E.D.N.Y.
NEW YORK KIMCHI: "Sanchez" Suit Seeks to Recover Unpaid Wages
OH INSURANCE: Abante Seeks Certification of Class and Sub-Class
PARBALL NEWCO: Faces "Slack" Suit Over Failure to Pay Overtime
PATAGONIA FOODS: "Martinez" Sues Over Contaminated Smoothies
PIER 1 IMPORTS: Sued in Cal. Over Unsolicited Text Messages
PNC BANK: Court Denies Muhammad's Bid to Certify Two Classes
PORSCHE CARS: "Jones" Suit Transferred from C.D. Cal. to D.N.J.
QUICK LANE: Totte Wants to Certify Oil Change Technicians Class
RENO'S INC: Court Nixes Bid for Certification in "Downard" Suit
RESIDENTIAL MANAGEMENT: "Castillo" Suit Seeks Overtime Pay
SCOTT JEWELERS: Faces "Pau" Suit Over Failure to Pay Overtime
SLATER AND GORDON: Faces Class Action from Shareholders
SOLARCITY CORP: Faces "Nguyen" Suit Over Proposed Sale to Tesla
SOLARCITY CORP: Faces "Wolf" Suit Over Proposed Sale to Tesla
STELLAR COLLECTION: Faces "Spero" Suit in E.D. of New York
SYNGENTA AG: Farmers File Lawsuit Over Release of VIPTERA Corn
TACKLEBOX 2: Faces "Phillips" Suit Over Failure to Pay Overtime
TOYOTA MOTOR: Sued in Cal. Over Toyota Vehicle's Sunroof Damage
TRAEGER PELLET: Leverage Wants to Certify FLSA Collective Class
TRAILS CAROLINA: Faces "Lewis" Suit Alleging Violation of FLSA
TRISH MCEVOY: Faces Suit in Calif. Over Unpaid Wages
UNITED STATES: "Hernandez" Files Suit v. Homeland Security
UNITEDHEALTH GROUP: Sued Over Unlawful Spread Compensation
VIRGINIA: Board of Elections Sued Over Citizens' Voting Rights
WELLS FARGO: Certification of Class Sought in "Martin" Suit
WISCONSIN HOSPITALITY: "Meetz" Suit Seeks Reimbursements
YAHOO! INC: Faces "Perlmutter" Suit Over Security Breach
YAHOO! INC: "Howard" Sues Over Data Breach
*********
701 DELI INC: "Nicolas" Suit to Recover Unpaid Minimum, OT Wages
----------------------------------------------------------------
Manuel Alberto Nicolas, individually and on behalf of others
similarly situated, Plaintiff, v. 701 Deli Inc., Fouad Hizam
Musaid, Abdullah Doe and Maki Doe, Defendants, Case No. 1:16-cv-
07699, (S.D. N.Y., September 30, 2016), seeks damages for the
amount of unpaid minimum and overtime wages, improper deductions
or credits taken against wages, liquidated damages in violation of
the notice and recordkeeping requirements of the New York Labor
Law, pre-judgment and post-judgment interest as applicable, and
attorneys' fees and costs under the Fair Labor Standards Act and
New York Labor Laws.
Defendants own, operate, or control a Deli owned by Fouad Hizam
Musaid, Abdullah Doe, and Maki Doe, located at 701 Malcolm X
Blvd., New York, New York 10039 under the name "701 Deli." Nicolas
was employed as a general assistant.
Plaintiff is represented by:
Michael A. Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 2540
New York, New York 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
ALLIED INTERSTATE: Faces "Leitner" Suit in E.D. of New York
-----------------------------------------------------------
A lawsuit has been filed against Allied Interstate LLC. The case
is captioned Jacob Leitner, on behalf of himself and all other
similarly situated consumers, the Plaintiff v. Allied Interstate
LLC, the Defendant, Case No. 1:16-cv-05567 (E.D.N.Y., Oct. 6,
2016).
Allied Interstate offers development and application of automated
information processing, long-distance data transmission, massive
data collection and storage, automated high-speed
telecommunications, and contributions to the management
professionalism in credit and collection. The company was founded
in 1954 and is based in Minneapolis, Minnesota. As of September
1998, Allied Interstate, LLC operates as a subsidiary of iQor,
Inc.
The Plaintiff appears pro se.
AMAZON.COM: Doesn't Properly Pay Drivers, "Rittmann" Suit Claims
----------------------------------------------------------------
Bernadean Rittmann, Freddie Carroll, and Julia Wehmeyer,
individually and on behalf of all others similarly situated v.
Amazon.Com, Inc. and Amazon Logistics, Inc., Case No. 2:16-cv-
01554 (W.D. Wash., October 4, 2016), is brought against the
Defendants for failing to assure delivery drivers receive minimum
wage, after accounting for necessary business expenses that they
must pay such as gas and car maintenance, as well as failure to
pay overtime for hours worked in excess of forty per week.
The Defendant is a Seattle-based electronic retailer that provides
delivery service of consumer and electronic goods to its customers
in cities throughout the country.
The Plaintiff is represented by:
Michael C. Subit, Esq.
FRANK FREED SUBIT & THOMAS LLP
Suite 1200 Hoge Building 705 Second Avenue
Seattle, WA 98104-1729
Telephone: (206) 682-6711
Facsimile: (206) 682-0401
E-mail: msubit@frankfreed.com
- and -
Shannon Liss-Riordan, Esq.
Harold L. Lichten, Esq.
Adelaide Pagano, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone: (617) 994-5800
E-mail: sliss@llrlaw.com
hlichten@llrlaw.com
apagano@llrlaw.com
ANSWER FINANCIAL: Class Certification Sought in "Parker" Suit
-------------------------------------------------------------
Jesse Parker moves the Court for an order certifying the case
styled JESSE PARKER, individually and on behalf of all others
similarly situated v. ANSWER FINANCIAL, Inc., a California
corporation, Case No. 2:16-cv-05785-GHK-JC (C.D. Cal.), as a class
action but requests that the Court enter and continue the Motion
until after the completion of discovery on class-wide issues at
which time the Plaintiff will submit a more fulsome memorandum of
points and authorities in support of class certification. The
Plaintiff seeks certification of two classes defined as:
Autodialed No Consent Class: All persons in the United
States who from April 21, 2012 to the present: (1) received
calls from or on behalf of Defendant Answer; (2) on the
person's cellular telephone number; (3) for whom Defendant
claims it obtained prior express consent in the same manner
as Defendant claim it obtained prior express consent to call
the Plaintiff.
Do Not Call Registry Class: All persons in the United States
who (1) received calls from or on behalf of Defendant Answer
more than one time on his/her cellphone; (2) within any
12-month period from April 21, 2012 to the present, (3)
where the cellphone number had been listed on the National
Do Not Call Registry for at least 30 days; (4) for the
purpose of soliciting products or services; and (5) for whom
Defendant claims it obtained prior express consent in the
same manner as Defendant claims it obtained prior express
consent to call the Plaintiff.
These people are excluded from the Classes: (1) Defendant,
Defendant's agents, subsidiaries, parents, successors,
predecessors, and any entity in which the Defendant or its
parents have a controlling interest and its current and
former employees, officers, and directors, (2) the Judge or
Magistrate Judge to whom this case is assigned and the
Judge's or Magistrate Judge's immediate family, (3) persons
who execute and file a timely request for exclusion, (4) the
legal representatives, successors, or assigns of any such
excluded person, and (5) Counsel for Parker or Answer
Financial. Plaintiff anticipates the need to amend these
definitions once discovery regarding the manner of consent
is provided.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=doNsr52p
The Motion also seeks the appointment of the Plaintiff as Class
representative and Steven Woodrow, Esq., and Patrick Peluso, Esq.,
of Woodrow & Peluso, LLC, as class counsel.
The Plaintiff is represented by:
Peter J Gimino, III, Esq.
THE GIMINO LAW OFFICE, APC
18101 Von Karman Avenue, Suite 300
Irvine, CA 92612
Telephone: (949) 225-4446
Facsimile: (949) 225-4447
E-mail: pgimino@giminolaw.com
- and -
Stefan Coleman, Esq.
LAW OFFICES OF STEFAN COLEMAN, P.A.
201 S Biscayne Blvd, 28th Floor
Miami, FL 33131
Telephone: (877) 333-9427
Facsimile: (888) 498-8946
E-mail: law@stefancoleman.com
- and -
Steven L. Woodrow, Esq.
Patrick H. Peluso, Esq.
WOODROW & PELUSO, LLC
3900 East Mexico Ave., Suite 300
Denver, CO 80210
Telephone: (720) 213-0675
Facsimile: (303) 927-0809
E-mail: swoodrow@woodrowpeluso.com
ppeluso@woodrowpeluso.com
ATLANTIC RICHFIELD: Faces "Rolan" Suit in N.D. of Indiana
---------------------------------------------------------
A lawsuit has been filed against Atlantic Richfield Company. The
case is styled LeRithea Rolan and Lamottca Brooks, individually
and on behalf of all others similarly situated, the Plaintiffs, v.
Atlantic Richfield Company, E.I. Du Pont De Nemours and Company,
and The Chemours Company, the Defendants, Case No. 1:16-cv-00357-
JVB-SLC (N.D. Ind., Oct. 6, 2016). The case is assigned to Hon.
Judge Joseph S Van Bokkelen.
Atlantic Richfield is an American oil company with operations in
the United States, Indonesia, the North Sea, and the South China
Sea. It has more than 1,300 gas stations in the western part of
the United States.
The Plaintiffs are represented by:
James D Brusslan, Esq.
LEVENFELD PEARLSTEIN LLC
2 N LaSalle St Ste 1300
Chicago, IL 60602-3709
Telephone: (312) 476 7570
Facsimile: (312) 346 8434
E-mail: jbrusslan@lplegal.com
- and -
Jason B Hirsh, Esq.
LEVENFELD PEARLSTEIN LLC
2 N LaSalle St Ste 1300
Chicago, IL 60602-3709
Telephone: (312) 346 8380
Facsimile: (312) 346 8434
E-mail: jhirsh@lplegal.com
AUTO CLUB: Does Not Properly Pay Employees, "Neibarger" Suit Says
-----------------------------------------------------------------
Jennifer Neibarger and Melinda Kondracki, individually and on
behalf of others similarly situated v. The Auto Club Group, and
Auto Club Services, Inc., Case No. 1:16-cv-01196 (W.D. Mich.,
October 4, 2016), is brought against the Defendants for failure to
compensate employees for mandatory pre-shift and post-shift work
under the Fair Labor Standards Act.
The Defendants operate an automotive repair and insurance service
company located at 1 Auto Club Drive, Dearborn, Michigan.
The Plaintiff is represented by:
Neil B. Pioch, Esq.
Matthew L. Turner, Esq.
Kevin J. Stoops, Esq.
SOMMERS SCHWARTZ, P.C.
One Town Square, Suite 1700
Southfield, MI 48076
E-mail: npioch@sommerspc.com
mturner@sommerspc.com
kstoops@sommerspc.com
- and -
Robert Anthony Alvarez, Esq.
AVANTI LAW GROUP, PLLC
600 28th Street SW
Wyoming, MI 49509
Telephone: (616) 257-6807
E-mail: ralvarez@avantilaw.com
BABCOCK LUMBER: Seeks to Certify Settlement Class in Walter Suit
----------------------------------------------------------------
The parties in the lawsuit captioned MARY WALTER, ON BEHALF OF
HERSELF AND ALL OTHERS SIMILARLY SITUATED v. BABCOCK LUMBER, INC.,
A PENNSYLVANIA CORPORATION et al., CARL BORNTRAEGER, INDIVIDUALLY,
COURTNEY BORNTRAEGER, INDIVIDUALLY, AND R. JEFFREY KIMBALL,
INDIVIDUALLY, Case No. 2:16-cv-00523-CRE (W.D. Pa.), filed with
the Court their joint motion to certify settlement class,
preliminarily approve class settlement, approve class notice and
schedule final approval hearing.
The Parties consent to certification of a settlement class, which
is defined as any salaried employee, who was terminated by Babcock
on or after November 1, 2014 (rather having quit or retired)
without having been provided a retention or stay bonus. The Class
is further divided into two subclasses: (1) those salaried
employees, who were terminated by Babcock and who did not receive
a position with one of the companies which bought the assets of
Babcock; and (2) those salaried employees, who were terminated by
Babcock and who did receive a position with one of the companies
which bought the assets of Babcock.
The Case was filed on April 22, 2016, stating a breach of contract
claim, an unjust enrichment claim and claim under the Pennsylvania
Wage Payment and Collection Law.
At their end of mediation, the parties reached a settlement,
subject to Court approval, that provided that the Defendants will
pay a total amount of $687,500 to settle all of the claims by the
Plaintiffs. Plaintiff Mary Walter will receive a service
enhancement because of the considerable time and expense that she
has committed in bringing the action and will be paid $10,000.
Once attorneys' fees and costs are paid, and the amount is paid to
Ms. Walter, the remaining sums will be divided on a 60/40 basis
with 60% being paid to the class members, who did not receive job
offers and 40% being paid to the Plaintiffs, who received job
offers.
The average amount to be paid to the Plaintiffs, who did not
receive an offer of employment will be $6,530. The average amount
to be paid to Plaintiffs, who received an offer of employment will
be $4,706.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=0tkPOsrx
The Plaintiffs are represented by:
James W. Carroll, Jr., Esq.
Ryan P. Stewart, Esq.
ROTHMAN GORDON, P.C.
310 Grant Street, 3rd Floor
Pittsburgh, PA 15219
Telephone: (412) 338-1117
Facsimile: (412) 281-7304
E-mail: jwcarroll@rothmangordon.com
rpstewart@rothmangordon.com
The Defendants are represented by:
Peter J. Ennis, Esq.
BUCHANAN INGERSOLL & ROONEY PC
301 Grant Street, 20th Floor
Pittsburgh, PA 15219
Telephone: (412) 562-8800
Facsimile: (412) 562-1041
E-mail: peter.ennis@bipc.com
CALIFORNIA FAIR: Faces "Hernandez" Suit Over Insurance Policy
-------------------------------------------------------------
The Plaintiff in the case captioned RAUL HERNANDEZ, the Plaintiff,
v. CALIFORNIA FAIR PLAN ASSOCIATION and DOES 1-100, inclusive, the
Defendants, Case No. BC635362 (Cal. Super. Ct., Sept. 27, 2016),
brings this action on his own behalf and pursuant to California
Code of Civil Procedure Section 382, on behalf of all persons
similarly situated. The class that the plaintiff represents is
composed of:
All California residents insured under an insurance policy
issued by California Fair Plan Association who received a
first party payment, or offer of payment, of a total or
partial loss property claim for less than the applicable
policy limits, wherein Fair Plan did not classify whether the
loss was total or partial based upon whether there was a total
destruction of the subject matter of the insurance as defined
in Insurance Code section 1962, within the applicable statute
of limitations period including any period of tolling.
The Plaintiff and the Class seek an order from the court for
restitution and/or disgorgement of profits in the form of policy
benefits withheld from payment as a result of the unlawful
practices.
The complaint says Fair Plan has consistently undervalued payouts
to insureds that suffered a partial loss of their property due to
fire or other causes. Plaintiff is one such insured. Despite
demand, Fair Plan has refused to properly classify the loss and
has indicated that even if it were to reclassify the loss, it
would apply an unlawful definition of "actual cash value" to the
loss, as a result of which it has undervalued the amount to which
Plaintiff is entitled and refused to pay Plaintiff the full amount
it is required to pay pursuant to California law.
Fair Plan provides fire insurance services.
The Plaintiff is represented by:
Steven A. Morris, Esq.
Jonathan M. Deer, Esq.
TURNER AUBERT & FRIEDMAN, LLP
8383 Wilshire Blvd., Suite 510
Beverly Hills, CA 90211
Telephone: (323) 653 3900
Facsimile: (323) 653 3021
- and -
Sassoon Sales, Esq.
LAW OFFICE OF SASSOON SALES
16060 Ventura Blvd., Suite 110
Encino, CA 91436
Telephone: (818) 728 6658
Facsimile: (818) 817 7617
Defendants, Case No. 0:16-cv-62337-JAL (S.D. Fla., Sept. 29,
2016), seeks to recover unpaid overtime wages under the Fair Labor
Standards Act of 1938 (FLSA).
During one or more workweeks, the Defendants did not pay Plaintiff
time and one half Plaintiff's regular rate of pay for overtime
hours worked in violation of the FLSA. The Plaintiff, and other
similarly situated employees, were unlawfully denied overtime
wages in violation of the FLSA, 29 U.S.C. Section 207.
Champion Painting is an industrial coatings and fire proofing
contractor.
The Plaintiff is represented by:
Michelle Cohen Levy, Esq.
THE LAW OFFICE OF
MICHELLE COHEN LEVY, P.A.
633 SE Third Avenue, Suite 4F
Fort Lauderdale, FL 33301
Telephone: (954) 651-9196
Facsimile: (954) 463 1245
E-mail: Michelle@CohenLevyLegal.com
CAPITAL ONE: Sued in Philadelphia Over Financed Vehicle Policies
----------------------------------------------------------------
Randy Langer and James Langer, on behalf of themselves,
individually and all others similarly situated v. Capital One Auto
Finance, a division of Capital One, N.A., Case No. 161000560
(Phil. Cmmw. Pleas, October 5, 2016), seeks redress for the
Defendant's pattern and practice of failing to provide statutorily
compliant, commercially reasonable, notices when repossessing and
reselling a financed vehicle.
Capital One Auto Finance offers new car loans, used car loans, or
auto loan refinancing.
The Plaintiff is represented by:
Richard Shenkan, Esq.
SHENKAN INJURY LAWYERS, LLC
6550 Lakeshore St. West
Bloomfteld, MI 48323
Telephone: (248) 562-1320
Facsimile: (888) 769-1774
CHECKSMART FINANCIAL: "Nelson" Sues Over Telemarketing Calls
------------------------------------------------------------
Natalie Nelson, on behalf of herself and others similarly
situated, Plaintiff, v. Checksmart Financial, LLC, Defendant, Case
No. 1:16-cv-01611 (N.D. Ala., September 30, 2016), seeks treble
damages, reasonable attorneys' fees, costs and expenses, pre-
judgment and post judgment interest and such other and further
relief under the Telephone Consumer Protection Act.
Defendant provides financial services, that include cash advances,
check cashing, MoneyGram, money transfers, money orders, bill
payment, insight silver prepaid MasterCard, title loans, Western
Union services, deferred deposits, payroll advances, small loans,
deferred presentment transactions, consumer loans, consumer lines
of credit, and open-ended credit lines. Defendant made automated
phone calls to market their services, allegedly using an automatic
telephone dialing system.
Plaintiff is represented by:
Gina DeRosier Greenwald, Esq.
GREENWALD DAVIDSON RADBIL PLLC
5550 Glades Rd, Ste. 500
Boca Raton, FL 33431
Tel: (561) 826-5477
Fax: (561) 961-5684
E-mail: ggreenwald@gdrlawfirm.com
- and -
Aaron D. Radbil, Esq.
GREENWALD DAVIDSON RADBIL PLLC
106 East Sixth Street, Suite 913
Austin, TX 78701
Tel: (512) 322-3912
Fax: (561) 961-5684
E-mail: aradbil@gdrlawfirm.com
CHESAPEAKE ENERGY: Sued Over Misleading Financial Reports
---------------------------------------------------------
Terrence Saunders, individually and on behalf of all others
similarly situated v. Chesapeake Energy Corporation, Robert
Douglas Lawler, and Domenic J. Dell'osso, Jr., Case No. 5:16-cv-
01150-R (W.D. Ok., October 4, 2016), alleges that the Defendants
made false and misleading statements, as well as failed to
disclose material adverse facts about the Company's business,
operations, and prospects.
Chesapeake Energy Corporation engages in the acquisition,
exploration, and development of properties for the production of
oil, natural gas, and natural gas liquids from underground
reservoirs in the United States.
The Plaintiff is represented by:
William B. Federman, Esq.
Joshua D. Wells, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Ave.
Oklahoma City, OK73120
Telephone: (405) 235-1560
Facsimile: (405) 239-2112
E-mail: wbf@federmanlaw.com
jdw@federmanlaw.com
- and -
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Marc C. Gorrie, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
mgorrie@pomlaw.com
- and -
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
10 South La Salle Street, Suite 3505
Chicago, IL 60603
Telephone: (312) 377-1181
Facsimile: (312) 377-1184
E-mail: pdahlstrom@pomlaw.com
CHOP'T CREATIVE: Faces "Doncouse" Suit Over Civil Rights Breach
---------------------------------------------------------------
GRACIELA BRETSCHNEIDER DONCOUSE, the Plaintiff, v. CHOP'T CREATIVE
SALAD COMPANY, 52ND STREET, LLC, A DOMESTIC LIMITED LIABILITY
COMPANY, AND 866 3RD RETAIL OWNER LLC, A FOREIGN LIMITED LIABILITY
COMPANY, the Defendants, Case No. 1:16-cv-07709 (S.D.N.Y., Oct. 3,
2016), demands compensatory damages in an amount to be determined
by proof, including all applicable statutory damages and fines,
for violations of their civil rights under New York State Human
Rights Law and City Claw.
On July 12, 2016, at 3:33 p.m., the Plaintiff attempted to enter
Defendant's Premises, however because of the architectural
barriers at the entrances of the store, Plaintiff was denied
full and equal access to, and full and equal enjoyment of, the
facilities at the Defendants' Property. The Defendants' violations
impede upon Plaintiff's and other similarly situated disabled
individuals' right to travel free of discrimination.
The Plaintiff is a paraplegic, which constitutes a "qualified
disability" under the ADA of 1990. The Plaintiff uses a wheelchair
for mobility.
The Plaintiff is represented by:
Bradly G. Marks, Esq.
THE MARKS LAW FIRM, PC
175 Varick Street, 3rd Fl
New York, NY 10014
Telephone: (646) 770 3775
Facsimile: (646) 770 2639
E-mail: Brad@markslawfirm.net
COGNIZANT TECHNOLOGY: Sued Over Misleading Financial Reports
------------------------------------------------------------
Shane Park, individually and on behalf of all others similarly
situated v. Cognizant Technology Solutions Corporation, Francisco
D'Souza and Karen McLoughlin, Case No. 2:16-cv-06509 (D.N.J.,
October 5, 2016), alleges that the Defendants made false and
misleading statements, as well as failed to disclose material
adverse facts about the Company's business, operations, and
prospects.
Cognizant Technology Solutions Corporation provides information
technology (IT), consulting, and business process services
worldwide.
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
609 W. South Orange Avenue, Suite 2P
South Orange, NJ 07079
Telephone: (973) 313-1887
Facsimile: (973) 833-0399
E-mail: lrosen@rosenlegal.com
CREDIT CONTROL: Faces "Bakon" Suit in E.D. of New York
------------------------------------------------------
A lawsuit has been filed against Credit Control, LLC. The case is
titled Michael Bakon, on behalf of himself and all other similarly
situated consumers, the Plaintiff, v. Credit Control, LLC, doing
business as: Credit Control & Collections, LLC, the Defendant,
Case No. 1:16-cv-05572 (E.D.N.Y., Oct. 6, 2016).
Credit Control is a St. Louis credit collection service that
offers debt collections, accounts receivables management, and
security.
The Plaintiff is represented by:
Maxim Maximov, Esq.
MAXIM MAXIMOV, LLP
1701 Avenue P
Brooklyn, NY 11229
Telephone: (718) 395 3459
Facsimile: (718) 408 9570
E-mail: m@maximovlaw.com
ESURANCE INSURANCE: Faces "Rasmussen" Suit in Cal. Super. Ct.
-------------------------------------------------------------
A lawsuit has been filed against Esurance Insurance Services, Inc.
The case is entitled RASMUSSEN, ANDREW INDIVIDUALLY AND ON BEHALF
OF ALL OTHERS SIMILARLY SITUATED, the Plaintiff. v. ESURANCE
INSURANCE SERVICES, INC., the Defendant, Case No. CGC 16 554692
(Cal. Super. Ct., Oct. 6, 2016).
Esurance Insurance Services, Inc. offers auto, homeowners,
motorcycle, and renters' insurance products and services. It
offers car, ATV, boat/PWC, RV/travel trailer, snowmobile, classic
vehicle, commercial auto, scooter, golf cart, collector car, and
Segway insurance; condo, flood, and umbrella insurance; and
health, life, pet, cell phone, international, and business
insurance.
The Plaintiff appears pro se.
GCA EDUCATION: "Lynch" Sues Over Unpaid OT Pay, Missed Breaks
------------------------------------------------------------
Michael Lynch and Joy Lynch, individually and on behalf of all
others similarly situated, Plaintiffs, v. GCA Education Services,
Inc. and GCA Services Group, Inc., Defendants, Case No. 3:16-cv-
02624, (M.D. Tenn., October 3, 2016), demands compensatory and
liquidated damages, pre-judgment and post-judgment interest, all
injunctive or equitable relief, costs and disbursements of the
action including reasonable attorneys' fees, costs and expenses
and such other and further relief under the Fair Labor Standards
Act.
GCA Group provides janitorial services to educational facilities
in Tennessee. Plaintiff worked for the Defendants as cleaners.
They claim to be denied overtime, missed break premium and
reimbursement of business-related expenses.
Plaintiff is represented by:
Randall W. Burton, Esq.
144 Second Avenue, North Suite 212
Nashville, Tennessee 37201
Tel: (615) 620-5838
- and -
Michael Johnson, Esq.
Michelle Reid, Esq.
HOWARD, TATE, SOWELL, WILSON, LEATHERS & JOHNSON, PLLC
201 Fourth Avenue North, Suite 1900
Nashville, Tennessee 37219
Tel: (615) 256-1125
GDOLY CORP: "Celis" Files Suit Over Unpaid Wages
------------------------------------------------
Florentino Celis, an individual California resident, on behalf of
herself all others similarly situated, Plaintiff, GDOLY CORP.,
California Corporation, and Does 1 through 50, inclusive,
Defendants, Case No. 634325 (Cal. Super., September 19, 2016),
was filed against the Defendants for failure to pay all wages,
failure to provide meal periods or compensation in lieu thereof,
failure to provide rest periods or compensation in lieu thereof,
knowing and intentional failure to comply with itemized employee
wage statement provisions, and for violation of the Unfair
Competition law.
The suit seeks compensatory and/or special damages with interest,
premium pay, wages, penalties, attorneys' fees, interest and
costs, among others.
GDOLY Corp. is a California Corporation, operating retail stores
within Los Angeles County and the State of California under the
Giant Dollar name. Celis claims to have worked through meal and
rest breaks and was not paid overtime premium for hours worked in
excess of 40 hours per work week.
The Plaintiff is represented by:
William S. Caldwell, Esq.
WILLIAM S. CALDWELL, APLC
9861 Irvine Center Drive, Suite 130
Irvine, CA 92618
Telephone: (949)244-2547
Email: william@wsc-law.com
GENERAL MILLS: "Scott" Sues Over Biociode Content in Oat Products
-----------------------------------------------------------------
James Carroll Scott, Nesha Ritchie and Gabriel Adkins on behalf of
themselves and all others similarly situated, Plaintiffs, v.
General Mills, Inc., Defendant, Case No. 5:16-cv-02090, (C.D.
Cal., October 3, 2016), demands accounting for, and imposition of,
a constructive trust upon all monies received by General Mills as
a result of the unfair, misleading, fraudulent, and unlawful
conduct; restitution, disgorgement, refund and/or other monetary
damages, together with costs and disbursements, including
reasonable attorneys' fees; injunctive relief resulting from
breach of express and implied warranty, unjust enrichment, and
pursuant to California's Consumer Legal Remedies Act, Unfair
Competition Law and False Advertising Law as well as Arkansas
Deceptive Trade Practice Act, Minnesota Prevention of Consumer
Fraud Act, Minnesota Unlawful Trade Practices Act and Minnesota
Uniform Deceptive Trade Practices Act.
General Mills, Inc. manufactures, advertises, sells and promotes
various consumer products under the brand name "Natural Valley."
These products allegedly contain oats that are contaminated with
an unnatural biocide glyphosate.
Plaintiff is represented by:
Stephen R. Basser, Esq.
Samuel M. Ward (216562)
BARRACK, RODOS & BACINE
One America Plaza
600 West Broadway, Suite 900
San Diego, CA 92101
Telephone: (619) 230-0800
Facsimile: (619) 230-1874
- and -
John Emerson, Esq.
EMERSON SCOTT, LLP
830 Apollo Lane
Houston, TX 77058
Telephone: (281) 488-8854
Facsimile: (281) 488-8867
- and -
David Scott, Esq.
EMERSON SCOTT, LLP
The Rozelle-Murphy House
1301 Scott St.
Little Rock, AR 72202
Telephone: (501) 907-2555
Facsimile: (501) 907-2556
- and -
Christopher D. Jennings, Esq.
JOHNSON & VINES, PLLC
2226 Cottondale Lane, #210
Little Rock, AR 72202
Telephone: (501) 777-7777
Facsimile: (888) 505-0909
GEORGIA: Faces Suit in Super. Ct. Over Misleading Ballot Language
-----------------------------------------------------------------
REVEREND TIMOTHY MCDONALD, KIMBERLY BROOKS, and DR. MELISSA LADD,
the Plaintiffs, v. NATHAN DEAL, in his official capacity as
Governor of State of Georgia, CASEY CAGLE, in his official
capacity as Lieutenant Governor of State of Georgia, and BRIAN
KEMP, in his official capacity as Secretary of State of Georgia,
the Defendants, Case No. 2016CV280611 (Ga. Super. Ct., Sep. 27,
2016), is a class action lawsuit on behalf of all Georgians
registered and eligible to vote in the November 8, 2016 election
and seeks a declaration that the November 8, 2016 ballot language
for the constitutional amendment regarding the so-called
"Opportunity School District" is affirmatively and
purposefully misleading.
The lawsuit also seeks to enjoin enforcement, if passed, of the
Amendment as it would be approved through affirmatively misleading
ballot language.
According to complaint, the Preamble language prescribed by the
Governor and adopted by the Constitutional Amendments Publication
Board (including two Defendants) contained language never adopted
by the Georgia General Assembly. The Defendants have brought in
the back door through the preamble false promises and
affirmatively misleading claims that the constitutional amendment
"provides greater flexibility and state accountability to fix
failing schools through increasing community involvement."
The Plaintiff is represented by:
Gerald Weber, Esq.
LAW OFFICES OF
GERRY WEBER, LLC
Post Office Box 5391
Atlanta, GA 31107
Telephone: (404) 522 0507
Facsimile: (404) 932 5845
E-mail: wgerryweber@gmail.com
- and -
Craig Goodmark, Esq.
GOODMARK LAW FIRM
One West Court Square, Suite 410
Decatur, GA 30030
Telephone: (404)719-4848
E-mail: cgoodmark@gmail.com
GMA INVESTMENTS: Certification of Class Sought in "Hoffman" Suit
----------------------------------------------------------------
Robert L. Hoffman moves the Court to certify the class described
in the complaint of the lawsuit entitled ROBERT L. HOFFMAN,
Individually and on Behalf of All Others Similarly Situated v. GMA
INVESTMENTS, LLC, d/b/a SUMMIT RECEIVABLES, Case No. 2:16-cv-
01333-DEJ (E.D. Wisc.), and further asks that the Court both stay
the Motion and to grant him (and the Defendant) relief from the
Local Rules setting automatic briefing schedules and requiring
briefs and supporting material to be filed with the Motion.
Damasco and decisions like it imposed significant burdens on the
Court and on Plaintiff's Counsel, the Plaintiff asserts, citing
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).
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, Mr.
Hoffman states. He asserts that he is obligated to move for class
certification to protect the interests of the putative class.
As the Motion 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, Mr. Hoffman contends.
Mr. Hoffman also asks to be appointed as class representative and
further asks the Court to appoint Ademi & O'Reilly, LLP as class
counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=myudEqpT
The Plaintiff is represented by:
Shpetim Ademi, Esq.
John D. Blythin, Esq.
Mark A. Eldridge, Esq.
Denise L. Morris, Esq.
ADEMI & O'REILLY, LLP
3620 East Layton Avenue
Cudahy, WI 53110
Telephone: (414) 482-8000
Facsimile: (414) 482-8001
E-mail: sademi@ademilaw.com
jblythin@ademilaw.com
meldridge@ademilaw.com
dmorris@ademilaw.com
HELLER CASING: "McCray" Suit to Recover Overtime Pay
----------------------------------------------------
Martin McCray, and all others similarly situated, Plaintiff, v.
Heller Casing Service, Inc. and Casey Heller, individually,
Defendants, 1:16-cv-01242 (E.D. Va., September 30, 2016), seeks to
recover overtime compensation, prejudgment interest and all
available penalty, all costs incurred prosecuting this claim,
pursuant to the Fair Labor Standards Act., and North Dakota
Minimum Wage and Work Conditions Order.
Defendants have been involved in oilfield casing services in
oilfields throughout the United States, including in the Williston
Basin where Plaintiff worked. Mr. McCray was compensated on a
per-foot-of-pipe-laid for "longstring" work and did not count the
total hours worked each workweek with no overtime premium.
Plaintiff is represented by:
Jack Siegel, Esq.
SIEGEL LAW GROUP PLLC
10440 N. Central Expy., Suite 1040
Dallas, TX 75231
Tel: (214) 706-0834
Fax: (469) 339-0204
- and -
J. Derek Braziel, Esq.
Jay Forester, Esq.
LEE & BRAZIEL, L.L.P.
1801 N. Lamar Street, Suite 325
Dallas, TX 75202
Tel: (214) 749-1400
Fax: (214) 749-1010
ICAHN ENTERPRISES: "Lemanchek" Sues Over Shady Merger Deal
----------------------------------------------------------
Michael Lemanchek, individually and on behalf of all others
similarly situated, Plaintiff, v. Daniel A. Ninivaggi, Rainer
Jueckstock, Sunghwan Cho, Thomas W. Elward, George Feldenkreis,
Courtney Mather, Michael Nevin, Louis J. Pastor, Neil S. Subin,
James Michael Laisure, Carl C. Icahn, Jack G. Wasserman, James L.
Nelson, William A. Leidesdorf, Keith Cozza, IEH FM Holdings, LLC,
American Entertainment Properties Corp., Icahn Building LLC, Icahn
Enterprises Holdings L.P., Icahn Enterprises L.P. and Icahn
Enterprises G.P. Inc., Defendants, Case No. 12791 (Del. Ch.,
September 30, 2016), seeks all damages, costs of this action,
including a reasonable allowance for the fees and expenses
attorneys and expert and such further relief in breach of
fiduciary duties.
Federal-Mogul is a global supplier of products and services to
world manufacturers and servicers of vehicles and equipment in the
automotive, light, medium and heavy-duty commercial, marine, rail,
aerospace, power generation and industrial markets. It entered
into an Agreement and Plan of Merger with Icahn Enterprises to
acquire all of the outstanding shares of Federal-Mogul's common
stock for a purchase price of $9.25 per share which is 8% below
the Company's 52-week high of $10 per share. Defendants have
allegedly breached their fiduciary duties by agreeing to various
deal protection devices that deter other bidders from making a
competing offer for the Company.
Plaintiff is represented by:
Summer H. Murshid, Esq.
Larry A. Johnson, Esq.
Timothy P. Maynard, Esq.
HAWKS QUINDEL, S.C.
222 East Erie, Suite 210
P.O. Box 442
Milwaukee, WI 53201-0442
Telephone: 414-271-8650
Fax: 414-271-8442
E-mail: ljohnson@hq-law.com
smurshid@hq-law.com
tmaynard@hq-law.com
IHEARTMEDIA: Faces "Spicer" Suit Over Copyright Infringement
------------------------------------------------------------
Ricky Spicer and Ponderosa Twins Plus One, on behalf of themselves
and all other individuals similarly situated v. iHeartMedia, Inc.,
Spotify USA, Inc., Google, Inc., Apple, Inc., Pandora Media, Inc.,
Sony Interactive Entertainment, LLC f/k/a Sony Computer
Entertainment Inc., Deezer, Inc., and Soundcloud, Inc., Case
No. 3:16-cv-05648-MEJ (S.D. Cal., October 5, 2016), is an action
for damages as a result of the Defendants' unauthorized and
unlawful use of sound recordings initially created before February
15, 1972 within the State of California.
iHeartMedia, Inc. is mass media corporation headquartered in San
Antonio, Texas.
Spotify USA, Inc. operates a platform that enables users to find
music for every moment on their phones, computers, tablets, and
others.
Google, Inc. is a multinational technology company specializing in
Internet-related services and products that include online
advertising technologies, search, cloud computing, and software.
Apple, Inc. is multinational technology company headquartered in
Cupertino, California, that designs, develops, and sells consumer
electronics, computer software, and online services.
Pandora Media, Inc. provides Internet music streaming services
with its principal place of business at 2101 Webster Street, Suite
1650, Oakland, CA 94612, USA.
Sony Interactive Entertainment, LLC is a multinational video game
developer, product manufacturer and research and development
company headquartered at 2207 Bridgepointe Pkwy., San Mateo,
California, 94402-0888.
Deezer, Inc. is a web-based music streaming service company having
its principal place of business at Rue d'Athenes, 75009 Paris,
France.
Soundcloud, Inc. operates a platform that enables users to find
music for every moment on their phones, computers, tablets, and
others.
The Plaintiff is represented by:
Jennifer Liakos, Esq.
Hunter J. Shkolnik, Esq.
Paul J. Napoli, Esq.
Paul B. Maslo, Esq.
Salvatore C. Badala, Esq.
NAPOLI SHKOLNIK PLLC
525 South Douglas Street, Suite 260
El Segundo, CA 90245
Telephone: (310) 331-8224
Facsimile: (646) 843-7603
E-mail: jliakos@napolilaw.com
hunter@napolilaw.com
pnapoli@napolilaw.com
pmaslo@napolilaw.com
sbadala@napolilaw.com
- and -
Brittany Weiner, Esq.
IMBESI LAW P.C.
450 Seventh Avenue, Suite 1408
New York, NY 10123
Telephone: (212) 736-0007
E-mail: brittany@lawicm.com
ILLINOIS: Brittaney Asks Ct. to Find DCFS Allegation 74 as Void
---------------------------------------------------------------
NICOLE P., BRITTANEY S., and DEONA W., individually and on behalf
of all others similarly situated, the Plaintiffs, v. ILLINOIS
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, and GEORGE
H. SHELDON in his capacity as DIRECTOR OF THE ILLINOIS DEPARTMENT
OF CHILDREN AND FAMILY SERVICES, the Defendants, Case No.
2016CH12809 (Ill. Cir, Ct., Sept. 28, 2016), is a class action
against Defendants for their past, present, and continuing use of
a void DFCS rule, Allegation 74, against thousands of people in
Illinois, including the Plaintiffs, in violation of the Illinois
Administrative Procedure Act (the IAPA).
The complaint says, almost a year ago, the Court ruled in a final
order that Allegation 74 is void because it exceeds DFCS's
authority under the Abused and Neglected Child Reporting Act,
which defines and limits DFCS's authority to investigate child
abuse and neglect. Yet, Defendants have invoked and continue to
invoke that void rule to investigate and indicate thousands of
Illinois residents as child neglecters and to register them in a
"confidential" state database -- the State Central Register --
accessible to thousands of people, including doctors, schools,
courts, and certain employers. These investigations are traumatic
for their targets, and indication for child neglect under the void
rule has serious consequences for those individuals, including
harms to their reputations, professional and occupational
prospects, and family life.
The Defendants' use of the void Allegation 74 is contrary to a
final judgment of the Circuit Court of Cook County and a clear
violation of Plaintiffs' rights under the IAPA, says the
complaint. The Plaintiffs thus brought the case to put a stop to
Defendants' use of that void rule.
The Defendant is a state agency with headquarters in both
Springfield (Sangamon County), Illinois and Chicago (Cook County),
Illinois.
The Plaintiffs are represented by:
Brian J. Murray, Esq.
Mark W. DeMonte, Esq.
Andrew A. Pinson, Esq.
Jason Z. Zhou, Esq.
JONES DAY
77 West Wacker Drive, Suite 3500
Chicago, IL 60601
Telephone: (312) 782 3939
- and -
Diane Redleaf, Esq.
Sara Gilloon, Esq.
Melissa L. Staas, Esq.
FAMILY DEFENSE CENTER
70 East Lake Street, Suite 1100
Chicago, IL 60601
Telephone: (312) 251 9800
IUNLIMITED INC: Faces "Gonzales" Suit Alleging Violation of FLSA
----------------------------------------------------------------
ROBERT FRANK GONZALES, Plaintiff, vs. IUNLIMITED INCORPORATED, a
California corporation; and DOES 1 through 10, inclusive,
Defendants, Case 5:16-cv-02074-MWF-FFM (C.D. Cal., September 29,
2016), seeks to recover on behalf of similarly situated
individuals, alleged unpaid overtime compensation, statutory
damages, and penalties under the Fair Labor Standards Act.
iUnlimited Inc. delivers quality investigative services.
The Plaintiff is represented by:
David D. Deason, Esq.
Matthew F. Archbold, Esq.
DEASON & ARCHBOLD
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
Phone: (949) 794-9560
E-mail: David@yourlaborlawyers.com
Matthew@yourlaborlawyers.com
JD CLASSIC: Faces "Ramirez-Marin" Suit in E.D. of New York
----------------------------------------------------------
A lawsuit has been filed against JD Classic Builders Corp. The
case is captioned Ernesto Ramirez-Marin, on behalf of himself,
individually, and on behalf of all others similarly-situated, the
Plaintiff, v. JD Classic Builders Corp., and George Roth, an
individual, the Defendants, Case No. 1:16-cv-05584 (E.D.N.Y., Oct.
6, 2016).
JD Classic Builders is a single-family housing construction
company located in Jamaica, New York.
The Plaintiff appears pro se.
JIA XING: Fails to Pay Employees Overtime, "Qui" Action Claims
--------------------------------------------------------------
Wei Qiu, on his own behalf and on behalf of all others similarly
situated v. Jia Xing 39th Inc., Li Xing Inc., xing wong
Gourmet Inc., Xing Yue Inc., and Cheng Zhong Huang, Zheng Jing
Huang, Xing Huang, Liao Lili, Xue Yan Wang, John Doe and Jane Doe
#1-10, Case No. 1:16-cv-07760 (S.D.N.Y., October 4, 2016), is
brought against the Defendants for failure to pay overtime
compensation for all hours worked over 40 each workweek.
The Defendants own and operate four restaurants, all operating
under the trade name "Szechuan Gourmet."
The Plaintiff is represented by:
Jian Hang, Esq.
HANG & ASSOCIATES, PLLC
136-18 39th Ave., Suite 1003
Flushing, NY 11354
Telephone: (718) 353-8588
E-mail: jhang@hanglaw.com
L'OREAL USA: "Carter" Sues Over Product Side-Effects
----------------------------------------------------
Angela Carter, individually and on behalf of all others similarly
situated, Plaintiff, v. L'Oreal USA, Inc. and Soft Sheen-Carson,
LLC, Defendants, Case No. 2:16-cv-00508 (S.D. Ala., September 30,
2016), seeks compensatory, statutory and punitive damages,
prejudgment interest, restitution and all other forms of equitable
monetary relief, reasonable attorneys' fees and expenses and costs
of suit resulting from fraud, unjust enrichment, breach of express
and implied warranty and violation of the Magnuson-Moss Warranty
Act and the Alabama Deceptive Trade Practices Act.
Plaintiff purchased Defendants' Soft Sheen-Carson Optimum Salon
Haircare and Amla Legend Rejuvenating Ritual Relaxer. Product
allegedly contains numerous caustic ingredients that cause
significant hair loss, skin and scalp irritation, burns and
blistering.
L'Oreal USA, Inc. is a Delaware corporation with principal place
of business in New York, New York. Soft Sheen-Carson, LLC, is a
New York domestic limited liability company with principal place
of business in New York, New York.
The Plaintiff is represented by:
W. Lewis Garrsion, Jr.
HENINGER GARRISON DAVIS, LLC
2224 First Avenue North
Birmingham, AL 35203
Tel: (205) 326-3336
Fax: (205) 326-3332
Email: wlgarrison@hgdlawfirm.com
- and -
Joseph L. Tucker, Esq.
JACKSON & TUCKER, P.C.
2229 1st Ave. North
Birmingham, AL 35203-4203
Telephone: 205.252.3535
Facsimile: 205.252.3536
Email: josh@jacksonandtucker.com
LG CORP: Amirnovin Files Suit Over Sherman Act Violation
--------------------------------------------------------
Andrew Amirnovin, individually on behalf of all other persons
similarly situated, Plaintiffs, v. LG Corporation, LG Electronics
Inc., LG Electronics U.S.A., Inc., Display Co., Ltd., LG Display
America Inc., Samsung Group, Samsung Electronics Co., Ltd.,
Samsung Electronics America, Inc., Samsung Semiconductor, Inc.,
Defendants, Case No. 5:16-cv-05586 (N.D. Cal., September 30,
2016), seeks damages, pre-judgment and post-judgment interest on
the damages awarded, equitable relief, attorneys' fees and costs
of suit and such other and further relief for violation of Section
1 of the Sherman Act, California's Cartwright Act, and the
California Business and Professions Code.
Defendants are accused of fixing and suppressing compensation for
their employees, including their workforce in the United States
based on an internal agreement that LG and Samsung will not
recruit and/or directly hire each other's employees. Plaintiff
alleges that agreement is anticompetitive, imposing restrictions
on employee mobility, thereby depriving them of better job
opportunities at the other company. The agreement lowers the
salaries and benefits Defendants' employees would otherwise have
commanded, regardless of whether an employee seeks a job at a
Defendant or would be willing to switch jobs, because it reduces
salary competition between LG and Samsung.
The LG Group and the Samsung Group are California tech companies
operating in the Silicon Valley area, with parent companies in
Seoul, South Korea.
The Plaintiff is represented by:
Jason S. Hartley, Esq.
Jason M. Lindner, Esq.
Julie A. Kearns, Esq.
STUEVE SIEGEL HANSON LLP
550 West C Street, Suite 1750
San Diego, CA 92101
Tel: 619-400-5822
Fax: 619-400-5832
Email: hartley@stuevesiegel.com
lindner@stuevesiegel.com
kearns@stuevesiegel.com
LOCAL TOP: Has Made Unsolicited Calls, "Weisberg" Suit Claims
-------------------------------------------------------------
Jonathan Weisberg, individually and on behalf of all others
similarly situated v. Local Top Rank, and Does 1 through 10,
inclusive, and each of them, Case No. 8:16-cv-01844 (C.D. Cal.,
October 5, 2016), seeks to stop the Defendants' practice of using
an automatic telephone dialing system to place calls, seeking to
solicit its services.
Local Top Rank is in the business of web search optimization.
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
Meghan E. George, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
E-mail: tfriedman@toddflaw.com
abacon@toddflaw.com
mgeorge@toddflaw.com
LUMBER LIQUIDATORS: "Goodling" Suit Consolidated in MDL 2743
------------------------------------------------------------
The class action lawsuit titled Louanne Goodling, an individual,
on behalf of herself and all others similarly situated, the
Plaintiff, v. Lumber Liquidators, Inc., the Defendant, Case No.
3:16-cv-01201, was transferred from the U.S. District Court for
the Western District of Louisiana, to the U.S. District Court for
the District of Eastern District of Virginia - (Alexandria). The
Virginia Eastern District Court Clerk assigned Case No. 1:16-cv-
05007-AJT-TRJ to the proceeding.
The Goodling case is being consolidated with MDL 2743 in re:
Lumber Liquidators Chinese-Manufactured Flooring Durability
Marketing and Sales Practices Litigation. The MDL was created by
Order of the United States Judicial Panel on Multidistrict
Litigation on October 4, 2016. These cases concern the sale and
marketing of Chinese-manufactured laminate flooring sold by
defendant Lumber Liquidators. Despite being marketed as
sufficiently durable for residential use, the Plaintiffs allege
that their laminate flooring scratches too easily and fails to
meet the advertised industry standard. In its October 4, 2016
Order, the MDL Panel found that the actions in this litigation
involve common questions of fact, and that centralization in the
Eastern District of Virginia will serve the convenience of the
parties and witnesses and promote the just and efficient conduct
of the litigation. All actions involve common factual questions
regarding the durability of Chinese-manufactured laminate flooring
sold by Lumber Liquidators under the "Dream Home" label,
particularly the issue of whether the laminates comply with the
allegedly warranted industry standard for use in residential
settings. Presiding Judge in the MDL is Hon. Anthony J. Trenga,
United States District Judge. The lead case is 1:16-md-02743-AJT-
TRJ.
Lumber Liquidators is a specialty retailer of hardwood flooring.
The Plaintiff is represented by:
Alexander Robertson, IV, Esq.
Mark J. Uyeno, Esq.
ROBERTSON & ASSOCIATES, LLP
32121 Lindero Canyon Road, Suite 200
Westlake Village, CA 91361
Telephone: (818) 851 3850
Facsimile: (818) 851 3850
E-mail: arobertson@arobertsonlaw.com
muyeno@arobertsonlaw.com
- and -
Robert Ahdoot, Esq.
Tina Wolfson, Esq.
AHDOOT & WOLFSON, P.C.
1016 Palm Avenue
West Hollywood, CA 90069
Telephone: (310) 474 9111
Facsimile: (310) 474 8585
E-mail: rahdoot@ahdootwolfson.com
twolfson@ahdootwolfson.com
LUMBER LIQUIDATORS: "Dunkin" Suit Moved from E.D. Mo. to MDL 2743
-----------------------------------------------------------------
The class action lawsuit titled Wendy Dunkin, an individual, on
behalf of herself and all others similarly situated, the
Plaintiff, v. Lumber Liquidators, Inc., the Defendant, Case No.
4:16-cv-01347, was transferred from the U.S. District Court for
the Eastern District Missouri, to the U.S. District Court for the
District of Eastern District of Virginia - (Alexandria). The
Virginia Eastern District Court Clerk assigned Case No. 1:16-cv-
05006-AJT-TRJ to the proceeding.
The Dunkin case is being consolidated with MDL 2743 in re: Lumber
Liquidators Chinese-Manufactured Flooring Durability Marketing and
Sales Practices Litigation. The MDL was created by Order of the
United States Judicial Panel on Multidistrict Litigation on
October 4, 2016. These cases concern the sale and marketing of
Chinese-manufactured laminate flooring sold by defendant Lumber
Liquidators. Despite being marketed as sufficiently durable for
residential use, the Plaintiffs allege that their laminate
flooring scratches too easily and fails to meet the advertised
industry standard. In its October 4, 2016 Order, the MDL Panel
found that the actions in this litigation involve common questions
of fact, and that centralization in the Eastern District of
Virginia will serve the convenience of the parties and witnesses
and promote the just and efficient conduct of the litigation. All
actions involve common factual questions regarding the durability
of Chinese-manufactured laminate flooring sold by Lumber
Liquidators under the "Dream Home" label, particularly the issue
of whether the laminates comply with the allegedly warranted
industry standard for use in residential settings. Presiding Judge
in the MDL is Hon. Anthony J. Trenga, United States District
Judge. The lead case is 1:16-md-02743-AJT-TRJ.
Lumber Liquidators is a specialty retailer of hardwood flooring.
The Plaintiff is represented by:
Alexander Robertson, IV, Esq.
Mark J. Uyeno, Esq.
ROBERTSON & ASSOCIATES, LLP
32121 Lindero Canyon Road, Suite 200
Westlake Village, CA 91361
Telephone: (818) 851 3850
Facsimile: (818) 851 3850
E-mail: arobertson@arobertsonlaw.com
muyeno@arobertsonlaw.com
- and -
Robert Ahdoot, Esq.
Tina Wolfson, Esq.
AHDOOT & WOLFSON, P.C.
1016 Palm Avenue
West Hollywood, CA 90069
Telephone: (310) 474 9111
Facsimile: (310) 474 8585
E-mail: rahdoot@ahdootwolfson.com
twolfson@ahdootwolfson.com
The Defendant is represented by:
Andrew John Martone, Esq.
Matthew Robinson, Esq.
HESSE MARTONE, P.C.
13354 Manchester Road, Suite 100
St. Louis, MO 63131
Telephone: (314) 862 0300
Facsimile: (314) 862 7010
E-mail: andymartone@hessemartone.com
mattrobinson@hessemartone.com
LUMBER LIQUIDATORS: "Jackson" Suit Consolidated in MDL 2743
-----------------------------------------------------------
The class action lawsuit titled Charles Jackson, an individual, on
behalf of himself and all others similarly situated, the
Plaintiff, v. Lumber Liquidators, Inc., the Defendant, Case No.
2:16-cv-07947, was transferred from the U.S. District Court for
the Southern District of West Virginia, to the U.S. District Court
for the District of Eastern District of Virginia - (Alexandria).
The Virginia Eastern District Court Clerk assigned Case No. 1:16-
cv-05009-AJT-TRJ to the proceeding.
The Jackson case is being consolidated with MDL 2743 in re: Lumber
Liquidators Chinese-Manufactured Flooring Durability Marketing and
Sales Practices Litigation. The MDL was created by Order of the
United States Judicial Panel on Multidistrict Litigation on
October 4, 2016. These cases concern the sale and marketing of
Chinese-manufactured laminate flooring sold by defendant Lumber
Liquidators. Despite being marketed as sufficiently durable for
residential use, the Plaintiffs allege that their laminate
flooring scratches too easily and fails to meet the advertised
industry standard. In its October 4, 2016 Order, the MDL Panel
found that the actions in this litigation involve common questions
of fact, and that centralization in the Eastern District of
Virginia will serve the convenience of the parties and witnesses
and promote the just and efficient conduct of the litigation. All
actions involve common factual questions regarding the durability
of Chinese-manufactured laminate flooring sold by Lumber
Liquidators under the "Dream Home" label, particularly the issue
of whether the laminates comply with the allegedly warranted
industry standard for use in residential settings. Presiding Judge
in the MDL is Hon. Anthony J. Trenga, United States District
Judge. The lead case is 1:16-md-02743-AJT-TRJ.
Lumber Liquidators is a specialty retailer of hardwood flooring.
The Plaintiff is represented by:
Alexander Robertson, IV, Esq.
Mark J. Uyeno, Esq.
ROBERTSON & ASSOCIATES, LLP
32121 Lindero Canyon Road, Suite 200
Westlake Village, CA 91361
Telephone: (818) 851 3850
Facsimile: (818) 851 3850
E-mail: arobertson@arobertsonlaw.com
muyeno@arobertsonlaw.com
- and -
Daniel K. Bryson, Esq.
Patrick M Wallace, Esq.
WHITFIELD, BRYSON & MASON, LLP
900 W. Morgan St.
Raleigh, NC 27603
Telephone: (919) 600 5000
Facsimile: (919) 600 5035
E-mail: dan@wbmllp.com
pat@wbmllp.com
- and -
Robert Ahdoot, Esq.
Tina Wolfson, Esq.
AHDOOT & WOLFSON, P.C.
1016 Palm Avenue
West Hollywood, CA 90069
Telephone: (310) 474 9111
Facsimile: (310) 474 8585
E-mail: rahdoot@ahdootwolfson.com
twolfson@ahdootwolfson.com
The Defendant is represented by:
Karen E. Kahle, Esq.
STEPTOE & JOHNSON
P. O. Box 150
Wheeling, WV 26003
Telephone: (304) 233 0000
Facsimile: (304) 233 0014
E-mail: Karen.Kahle@steptoe-johnson.com
LUMBER LIQUIDATORS: "Strong" Suit Consolidated in MDL 2743
----------------------------------------------------------
The class action lawsuit titled Raymond Strong, an individual, on
behalf of himself and all others similarly situated, the v. Lumber
Liquidators, Inc., the Defendant, Case No. 6:16-cv-00357, was
transferred from the U.S. District Court for the Eastern District
of Oklahoma, to the U.S. District Court for the District of
Eastern District of Virginia - (Alexandria). The Virginia Eastern
District Court Clerk assigned Case No. 1:16-cv-05008-AJT-TRJ to
the proceeding.
The Strong case is being consolidated with MDL 2743 in re: Lumber
Liquidators Chinese-Manufactured Flooring Durability Marketing and
Sales Practices Litigation. The MDL was created by Order of the
United States Judicial Panel on Multidistrict Litigation on
October 4, 2016. These cases concern the sale and marketing of
Chinese-manufactured laminate flooring sold by defendant Lumber
Liquidators. Despite being marketed as sufficiently durable for
residential use, the Plaintiffs allege that their laminate
flooring scratches too easily and fails to meet the advertised
industry standard. In its October 4, 2016 Order, the MDL Panel
found that the actions in this litigation involve common questions
of fact, and that centralization in the Eastern District of
Virginia will serve the convenience of the parties and witnesses
and promote the just and efficient conduct of the litigation. All
actions involve common factual questions regarding the durability
of Chinese-manufactured laminate flooring sold by Lumber
Liquidators under the "Dream Home" label, particularly the issue
of whether the laminates comply with the allegedly warranted
industry standard for use in residential settings. Presiding Judge
in the MDL is Hon. Anthony J. Trenga, United States District
Judge. The lead case is 1:16-md-02743-AJT-TRJ.
Lumber Liquidators is a specialty retailer of hardwood flooring.
The Plaintiff is represented by:
Robert Ahdoot, Esq.
Tina Wolfson, Esq.
AHDOOT & WOLFSON, P.C.
1016 Palm Avenue
West Hollywood, CA 90069
Telephone: (310) 474 9111
Facsimile: (310) 474 8585
E-mail: rahdoot@ahdootwolfson.com
twolfson@ahdootwolfson.com
- and -
Alexander Robertson, IV, Esq.
Mark J. Uyeno, Esq.
ROBERTSON & ASSOCIATES, LLP
32121 Lindero Canyon Road, Suite 200
Westlake Village, CA 91361
Telephone: (818) 851 3850
Facsimile: (818) 851 3850
E-mail: arobertson@arobertsonlaw.com
muyeno@arobertsonlaw.com
The Defendant is represented by:
Michael English, Esq.
DOERNER SAUNDERS DANIEL
& ANDERSON (TULSA)
Two W Second St, Ste 700
Tulsa, OK 74103-3117
Telephone: (918) 591 5249
E-mail: menglish@dsda.com
LUMBER LIQUIDATORS: "Webster" Suit Consolidated in MDL 2743
-----------------------------------------------------------
The class action lawsuit titled Linda Webster, an individual, on
behalf of herself and all others similarly situated, the
Plaintiff, v. Lumber Liquidators, Inc., Case No. 4:16-cv-00260,
was transferred from the U.S. District Court for the Northern
District of Georgia, to the U.S. District Court for the District
of Eastern District of Virginia - (Alexandria). The Virginia
Eastern District Court Clerk assigned Case No. 1:16-cv-05010-AJT-
TRJ to the proceeding.
The Webster case is being consolidated with MDL 2743 in re: Lumber
Liquidators Chinese-Manufactured Flooring Durability Marketing and
Sales Practices Litigation. The MDL was created by Order of the
United States Judicial Panel on Multidistrict Litigation on
October 4, 2016. These cases concern the sale and marketing of
Chinese-manufactured laminate flooring sold by defendant Lumber
Liquidators. Despite being marketed as sufficiently durable for
residential use, the Plaintiffs allege that their laminate
flooring scratches too easily and fails to meet the advertised
industry standard. In its October 4, 2016 Order, the MDL Panel
found that the actions in this litigation involve common questions
of fact, and that centralization in the Eastern District of
Virginia will serve the convenience of the parties and witnesses
and promote the just and efficient conduct of the litigation. All
actions involve common factual questions regarding the durability
of Chinese-manufactured laminate flooring sold by Lumber
Liquidators under the "Dream Home" label, particularly the issue
of whether the laminates comply with the allegedly warranted
industry standard for use in residential settings. Presiding Judge
in the MDL is Hon. Anthony J. Trenga, United States District
Judge. The lead case is 1:16-md-02743-AJT-TRJ.
Lumber Liquidators is a specialty retailer of hardwood flooring.
The Plaintiff is represented by:
Robert Ahdoot, Esq.
AHDOOT & WOLFSON, P.C.
1016 Palm Avenue
West Hollywood, CA 90069
Telephone: (310) 474 9111
Facsimile: (310) 474 8585
E-mail: rahdoot@ahdootwolfson.com
The Defendant is represented by:
Tamara Danielle Stiner Toomer, Esq.
MCGUIRE WOODS LLP-GA
1230 Peachtree Street, N.E.
Promenade, Suite 2100
Atlanta, GA 30309-3534
Telephone: (404) 443 5500
E-mail: tstinertoomer@mcguirewoods.com
LUMBER LIQUIDATORS: "Hensley" Suit Consolidated in MDL 2743
-----------------------------------------------------------
The class action lawsuit titled Terry Hensley, an individual, on
behalf of himself and all others similarly situated, the
Plaintiff, v. Lumber Liquidators, Inc., Case No. 3:16-cv-00534,
was transferred from the U.S. District Court for the Western
District of Kentucky, to the U.S. District Court for the District
of Eastern District of Virginia - (Alexandria). The Virginia
Eastern District Court Clerk assigned Case No. 1:16-cv-05011-AJT-
TRJ to the proceeding.
The Hensley case is being consolidated with MDL 2743 in re: Lumber
Liquidators Chinese-Manufactured Flooring Durability Marketing and
Sales Practices Litigation. The MDL was created by Order of the
United States Judicial Panel on Multidistrict Litigation on
October 4, 2016. These cases concern the sale and marketing of
Chinese-manufactured laminate flooring sold by defendant Lumber
Liquidators. Despite being marketed as sufficiently durable for
residential use, the Plaintiffs allege that their laminate
flooring scratches too easily and fails to meet the advertised
industry standard. In its October 4, 2016 Order, the MDL Panel
found that the actions in this litigation involve common questions
of fact, and that centralization in the Eastern District of
Virginia will serve the convenience of the parties and witnesses
and promote the just and efficient conduct of the litigation. All
actions involve common factual questions regarding the durability
of Chinese-manufactured laminate flooring sold by Lumber
Liquidators under the "Dream Home" label, particularly the issue
of whether the laminates comply with the allegedly warranted
industry standard for use in residential settings. Presiding Judge
in the MDL is Hon. Anthony J. Trenga, United States District
Judge. The lead case is 1:16-md-02743-AJT-TRJ.
Lumber Liquidators is a specialty retailer of hardwood flooring.
The Plaintiff is represented by:
Alexander Robertson, IV, Esq.
Mark J. Uyeno, Esq.
ROBERTSON & ASSOCIATES, LLP
32121 Lindero Canyon Road, Suite 200
Westlake Village, CA 91361
Telephone: (818) 851 3850
Facsimile: (818) 851 3850
E-mail: arobertson@arobertsonlaw.com
muyeno@arobertsonlaw.com
- and -
Daniel K. Bryson, Esq.
WHITFIELD, BRYSON & MASON, LLP
900 W. Morgan St.
Raleigh, NC 27603
Telephone: (919) 600 5000
Facsimile: (919) 600 5035
E-mail: dan@wbmllp.com
- and -
Robert Ahdoot, Esq.
Tina Wolfson, Esq.
AHDOOT & WOLFSON, P.C.
1016 Palm Avenue
West Hollywood, CA 90069
Telephone: (310) 474 9111
Facsimile: (310) 474 8585
E-mail: rahdoot@ahdootwolfson.com
twolfson@ahdootwolfson.com
LUMBER LIQUIDATORS: "Leonard" Suit Consolidated in MDL 2743
------------------------------------------------------------
The class action lawsuit titled Tina Leonard and Rod Leonard,
individual, on behalf of themselves and all others similarly
situated, the Plaintiff, v. Lumber Liquidators, Inc., Case No.
1:16-cv-02091, was transferred from the U.S. District Court for
the Northern District of Ohio, to the U.S. District Court for the
District of Eastern District of Virginia - (Alexandria). The
Virginia Eastern District Court Clerk assigned Case No. 1:16-cv-
05012-AJT-TRJ to the proceeding.
The Leonard case is being consolidated with MDL 2743 in re: Lumber
Liquidators Chinese-Manufactured Flooring Durability Marketing and
Sales Practices Litigation. The MDL was created by Order of the
United States Judicial Panel on Multidistrict Litigation on
October 4, 2016. These cases concern the sale and marketing of
Chinese-manufactured laminate flooring sold by defendant Lumber
Liquidators. Despite being marketed as sufficiently durable for
residential use, the Plaintiffs allege that their laminate
flooring scratches too easily and fails to meet the advertised
industry standard. In its October 4, 2016 Order, the MDL Panel
found that the actions in this litigation involve common questions
of fact, and that centralization in the Eastern District of
Virginia will serve the convenience of the parties and witnesses
and promote the just and efficient conduct of the litigation. All
actions involve common factual questions regarding the durability
of Chinese-manufactured laminate flooring sold by Lumber
Liquidators under the "Dream Home" label, particularly the issue
of whether the laminates comply with the allegedly warranted
industry standard for use in residential settings. Presiding Judge
in the MDL is Hon. Anthony J. Trenga, United States District
Judge. The lead case is 1:16-md-02743-AJT-TRJ.
Lumber Liquidators is a specialty retailer of hardwood flooring.
The Plaintiffs are represented by:
Alexander Robertson, IV, Esq.
Mark J. Uyeno, Esq.
ROBERTSON & ASSOCIATES, LLP
32121 Lindero Canyon Road, Suite 200
Westlake Village, CA 91361
Telephone: (818) 851 3850
Facsimile: (818) 851 3850
E-mail: arobertson@arobertsonlaw.com
muyeno@arobertsonlaw.com
- and -
Robert Ahdoot, Esq.
Tina Wolfson, Esq.
AHDOOT & WOLFSON, P.C.
1016 Palm Avenue
West Hollywood, CA 90069
Telephone: (310) 474 9111
Facsimile: (310) 474 8585
E-mail: rahdoot@ahdootwolfson.com
twolfson@ahdootwolfson.com
The Defendant is represented by:
David A Eberly, Esq.
EBERLY MCMAHON LLC
2321 Kemper Lane, Suite 100
Cincinnati, OH 45206
Telephone: (513) 533-9898
E-mail: deberly@emclawyers.com
MARATHON OIL: Faces "Grellner" Suit in Western Dist. of Oklahoma
----------------------------------------------------------------
A lawsuit has been filed against Marathon Oil Company. The case is
styled James Grellner and Judy Grellner, on behalf of themselves
and all others similarly situated, the Plaintiffs. v. Marathon Oil
Company including affiliated predecessors and affiliated
successors, the Defendant, Case No. 5:16-cv-01168-M (W.D. Okla.,
Oct. 6, 2016). The case is assigned to Hon. Vicki Miles-LaGrange.
Marathon Oil Corporation is an American petroleum and natural gas
exploration and production company headquartered in the Marathon
Oil Tower in Houston, Texas.
The Plaintiffs are represented by:
Reagan E Bradford, Esq.
CROWE & DUNLEVY-OKC
Braniff Building
324 N Robinson Ave., Suite 100
Oklahoma City, OK 73102
Telephone: (405) 239 6682
Facsimile: (405) 272 5269
E-mail: Reagan.Bradford@lanierlawfirm.com
MATRIX ABSENCE: Faces "Ries" Suit Over Failure to Pay Overtime
--------------------------------------------------------------
Jessica Ries, Steven Pierce, and Kathleen Feener, individually and
on behalf of others similarly situated v. Matrix Absence
Management, Inc., Case No. 2:16-cv-03388-ROS (D. Ariz., October 5,
2016), is brought against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standards Act.
Matrix Absence Management, Inc. specializes in absence management
helping employers handle disability, workers compensation and
family leave claims by employees.
The Plaintiff is represented by:
Trey Dayes, Esq.
Sean C. Davis, Esq.
Preston K. Flood, Esq.
PHILLIPS DAYES LAW FIRM PC
3101 North Central Avenue, Suite 1500
Phoenix, AR 85012
Telephone: (602) 288-1610 ext. 432
E-mail: docket@phillipsdayeslaw.com
MIDLAND CREDIT: "Merkovich" Suit Seeks Class Certification
----------------------------------------------------------
Patricia Merkovich and Patricia Pietraszewski move the Court to
certify the class described in the complaint of the lawsuit styled
PATRICIA MERKOVICH and PATRICIA PIETRASZEWSKI, Individually and on
Behalf of All Others Similarly Situated v. MIDLAND CREDIT
MANAGEMENT, INC. and MIDLAND FUNDING, LLC, Case No. 2:16-cv-01334-
DEJ (E.D. Wisc.), and further asks that the Court both stay the
Motion and to grant them (and the Defendants) relief from the
Local Rules setting automatic briefing schedules and requiring
briefs and supporting material to be filed with the Motion.
Damasco and decisions like it imposed significant burdens on the
Court and on Plaintiff's Counsel, the Plaintiffs contend, citing
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).
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, the
Plaintiffs said. The Plaintiffs assert that they are obligated to
move for class certification to protect the interests of the
putative class.
As the Motion 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 Plaintiffs also ask to be appointed as class representatives
and further ask the Court to appoint Ademi & O'Reilly, LLP as
class counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=g335Je8Z
The Plaintiffs are represented by:
Shpetim Ademi, Esq.
John D. Blythin, Esq.
Mark A. Eldridge, Esq.
Denise L. Morris, Esq.
ADEMI & O'REILLY, LLP
3620 East Layton Avenue
Cudahy, WI 53110
Telephone: (414) 482-8000
Facsimile: (414) 482-8001
E-mail: sademi@ademilaw.com
jblythin@ademilaw.com
meldridge@ademilaw.com
dmorris@ademilaw.com
MONTEREY FINANCIAL: Faces "Leitner" Suit in E.D. of New York
------------------------------------------------------------
A lawsuit has been filed against Monterey Financial Services, Inc.
The case is captioned Jacob Leitner, on behalf of himself and all
other similarly situated consumers, the Plaintiff, v. Monterey
Financial Services, Inc., the Defendant, Case No. 1:16-cv-05570
(E.D.N.Y., Oct. 6, 2016).
Monterey Financial provides receivables financing solutions. It
offers consumer finance programs for clients offering retail sales
and flex pay plans.
The Plaintiff is represented by:
Maxim Maximov, Esq.
MAXIM MAXIMOV, LLP
1701 Avenue P
Brooklyn, NY 11229
Telephone: (718) 395 3459
Facsimile: (718) 408 9570
E-mail: m@maximovlaw.com
MRS BPO: Faces "Stiel" Suit in Eastern District of New York
-----------------------------------------------------------
A lawsuit has been filed against MRS BPO, L.L.C. The case is
titled Chaim Stiel, on behalf of himself and all other similarly
situated consumers, the Plaintiff, v. MRS BPO, L.L.C., the
Defendant, Case No. 1:16-cv-05582 (E.D.N.Y., Oct. 6, 2016).
MRS BPO is doing businesso in financial services, healthcare,
cable, utilities, and telecommunication debt recovery.
The Plaintiff appears pro se.
NATIONAL COLLEGIATE: "Donner" Sues Over Dangers of Head Injuries
----------------------------------------------------------------
Geoff Donner, individually and on behalf of all others similarly
situated, Plaintiff, v. Mid-American Conference and National
Collegiate Athletic Association, Defendants, Case No. 1:16-cv-2632
(S.D. Ind., October 3, 2016), seeks economic, monetary, actual,
consequential, compensatory and punitive damages, reasonable
litigation expenses and attorneys' fees, pre- and post-judgment
interest, injunctive and/or declaratory relief and such other and
further relief resulting from negligence, fraudulent concealment,
breach of implied and express contract and unjust enrichment.
Donner seeks to obtain redress for all persons injured by the
Defendants' reckless disregard for the health and safety of
generations of Ball State University student-athletes by failing
to protect the safety of student-athletes from the dangers of
repeated head injuries incurred during football.
Mid-American Conference is an unincorporated association with its
principal place of business located at 24 Public Square, 15th
Floor, Cleveland, Ohio 44113.
Plaintiff is represented by:
Jeff Raizner, Esq.
RAIZNER SLANIA LLP
2402 Dunlavy Street
Houston, TX 77006
Tel: (713) 554.9099
Fax: (713) 554.9098
Email: jraizner@raiznerlaw.com
- and -
Jay Edelson, Esq.
Benjamin H. Richman, Esq.
EDELSON PC
350 North LaSalle Street, 13th Floor
Chicago, IL 60654
Tel: (312) 589-6370
Fax: (312) 589-6378
Email: jedelson@edelson.com
brichman@edelson.com
- and -
Rafey S. Balabanian, Esq.
EDELSON PC
123 Townsend Street
San Francisco, CA 94107
Tel: (415) 212-9300
Fax: (415) 373-9435
Email: rbalabanian@edelson.com
NATIONAL COLLEGIATE: "Harley" Sues Over Head Injuries in Football
----------------------------------------------------------------
David Harley, individually and on behalf of all others similarly
situated, Plaintiff, v. American Athletic Conference and National
Collegiate Athletic Association, Defendants, Case No. 1:16-cv-
02630 (S.D. Ind., October 3, 2016), seeks economic, monetary,
actual, consequential, compensatory and punitive damages,
reasonable litigation expenses and attorneys' fees, pre and post-
judgment interest, injunctive and/or declaratory relief and such
other and further relief resulting from negligence, fraudulent
concealment, breach of implied and express contract and unjust
enrichment.
American Athletic Conference (formerly known as the Big East
Conference) is a corporation organized under the laws of the
District of Columbia. Defendant American Athletic Conference
maintains its principal place of business at 15 Park Row West,
Providence, Rhode Island 02903. NCAA is an unincorporated
association with its principal place of business located at 700
West Washington Street, Indianapolis, Indiana 46206.
Harley played football at Rutgers from 2003-2005 as a nose guard
and defensive tackle. He recalls suffering from a number of
concussions while playing football at Rutgers. Harley now suffers
from severe headaches, sleeping problems, memory loss, light
sensitivity, and other debilitating issues.
Plaintiff is represented by:
Jeff Raizner, Esq.
RAIZNER SLANIA LLP
2402 Dunlavy Street
Houston, TX 77006
Tel: (713) 554.9099
Fax: (713) 554.9098
Email: jraizner@raiznerlaw.com
- and -
Jay Edelson, Esq.
Benjamin H. Richman, Esq.
EDELSON PC
350 North LaSalle Street, 13th Floor
Chicago, IL 60654
Tel: (312) 589-6370
Fax: (312) 589-6378
Email: jedelson@edelson.com
brichman@edelson.com
- and -
Rafey S. Balabanian, Esq.
EDELSON PC
123 Townsend Street
San Francisco, CA 94107
Tel: (415) 212-9300
Fax: (415) 373-9435
Email: rbalabanian@edelson.com
NATIONAL COLLEGIATE: Faces "Odom" Suit Over Athletes' Safety
------------------------------------------------------------
David Odom, individually and on behalf of all others similarly
situated v. National Collegiate Athletic Association, Case No.
1:16-cv-02657-WTL-MJD (S.D. Ind., October 4, 2016), seeks to
obtain redress for all persons injured by the Defendants' reckless
disregard for the health and safety of generations of Texas A&M
University student-athletes.
National Collegiate Athletic Association is the governing body of
collegiate athletics that oversees twenty-three college sports and
over 400,000 students who participate in intercollegiate
athletics.
The Plaintiff is represented by:
Jeff Raizner, Esq.
Dunlavy Street
RAIZNER SLANIA LLP 2402
Houston, TX 77006
Telephone: (713) 554-9099
Facsimile: (713) 554-9098
E-mail: jraizner@raiznerlaw.com
- and -
Jay Edelson, Esq.
Benjamin H. Richman, Esq.
EDELSON PC
350 North LaSalle Street, 13th Floor
Chicago, IL 60654
Telephone: (312) 589-6370
Facsimile: (312) 589-6378
E-mail: jedelson@edelson.com
brichman@edelson.com
- and -
Rafey S. Balabanian, Esq.
EDELSON PC
123 Townsend Street
San Francisco, CA 94107
Telephone: (415) 212-9300
Facsimile: (415) 373-9435
E-mail: rbalabanian@edelson.com
NATIONAL COLLEGIATE: Faces "Pettus" Suit Over Athletes' Safety
--------------------------------------------------------------
Fredrick Pettus, individually and on behalf of all others
similarly situated v. University of Richmond and National
Collegiate Athletic Association, Case No. 1:16-cv-02644-TWP-DKL
(S.D. Ind., October 4, 2016), seeks to obtain redress for all
persons injured by the Defendants' reckless disregard for the
health and safety of generations of Richmond student-athletes.
University of Richmond is a private, nonsectarian, liberal arts
college located on the border of the city of Richmond and Henrico
County, Virginia.
National Collegiate Athletic Association is the governing body of
collegiate athletics that oversees twenty-three college sports and
over 400,000 students who participate in intercollegiate
athletics.
The Plaintiff is represented by:
Jeff Raizner, Esq.
Dunlavy Street
RAIZNER SLANIA LLP 2402
Houston, TX 77006
Telephone: (713) 554-9099
Facsimile: (713) 554-9098
E-mail: jraizner@raiznerlaw.com
- and -
Jay Edelson, Esq.
Benjamin H. Richman, Esq.
EDELSON PC
350 North LaSalle Street, 13th Floor
Chicago, IL 60654
Telephone: (312) 589-6370
Facsimile: (312) 589-6378
E-mail: jedelson@edelson.com
brichman@edelson.com
- and -
Rafey S. Balabanian, Esq.
EDELSON PC
123 Townsend Street
San Francisco, CA 94107
Telephone: (415) 212-9300
Facsimile: (415) 373-9435
E-mail: rbalabanian@edelson.com
NATIONAL COLLEGIATE: Faces "Sullivan" Suit Over Athletes' Safety
----------------------------------------------------------------
Thomas Sullivan, individually and on behalf of all others
similarly situated v. PAC-12 Conference and National Collegiate
Athletic Association, Case No. 1:16-cv-02646-JMS-MJD (S.D. Ind.,
October 4, 2016), seeks to obtain redress for all persons injured
by the Defendants' reckless disregard for the health and safety of
generations of University of California, Los Angeles ("UCLA")
student-athletes.
PAC-12 Conference is a collegiate athletic conference that
operates in the Western United States.
National Collegiate Athletic Association is the governing body of
collegiate athletics that oversees twenty-three college sports and
over 400,000 students who participate in intercollegiate
athletics.
The Plaintiff is represented by:
Jeff Raizner, Esq.
Dunlavy Street
RAIZNER SLANIA LLP 2402
Houston, TX 77006
Telephone: (713) 554-9099
Facsimile: (713) 554-9098
E-mail: jraizner@raiznerlaw.com
- and -
Jay Edelson, Esq.
Benjamin H. Richman, Esq.
EDELSON PC
350 North LaSalle Street, 13th Floor
Chicago, IL 60654
Telephone: (312) 589-6370
Facsimile: (312) 589-6378
E-mail: jedelson@edelson.com
brichman@edelson.com
- and -
Rafey S. Balabanian, Esq.
EDELSON PC
123 Townsend Street
San Francisco, CA 94107
Telephone: (415) 212-9300
Facsimile: (415) 373-9435
E-mail: rbalabanian@edelson.com
NATIONAL COLLEGIATE: Faces "Tolbert" Suit Over Athletes' Safety
---------------------------------------------------------------
Antjuan Tolbert, individually and on behalf of all others
similarly situated v. Sun Belt Conference and National Collegiate
Athletic Association, Case No. 1:16-cv-02649-WTL-DML (S.D. Ind.,
October 4, 2016), seeks to obtain redress for all persons injured
by the Defendants' reckless disregard for the health and safety of
generations of University of Idaho student-athletes.
Sun Belt Conference is a collegiate athletic conference that has
been affiliated with the NCAA's Division I.
National Collegiate Athletic Association is the governing body of
collegiate athletics that oversees twenty-three college sports and
over 400,000 students who participate in intercollegiate
athletics.
The Plaintiff is represented by:
Jeff Raizner, Esq.
Dunlavy Street
RAIZNER SLANIA LLP 2402
Houston, TX 77006
Telephone: (713) 554-9099
Facsimile: (713) 554-9098
E-mail: jraizner@raiznerlaw.com
- and -
Jay Edelson, Esq.
Benjamin H. Richman, Esq.
EDELSON PC
350 North LaSalle Street, 13th Floor
Chicago, IL 60654
Telephone: (312) 589-6370
Facsimile: (312) 589-6378
E-mail: jedelson@edelson.com
brichman@edelson.com
- and -
Rafey S. Balabanian, Esq.
EDELSON PC
123 Townsend Street
San Francisco, CA 94107
Telephone: (415) 212-9300
Facsimile: (415) 373-9435
E-mail: rbalabanian@edelson.com
NATIONAL COLLEGIATE: Faces "Wysocki" Suit Over Athletes' Safety
---------------------------------------------------------------
Charles Wysocki, individually and on behalf of all others
similarly situated v. Atlantic Coast Conference and National
Collegiate Athletic Association, Case No. 1:16-cv-02652-JMS-MJD
(S.D. Ind., October 4, 2016), seeks redress for all persons
injured by the Defendants' reckless disregard for the health and
safety of generations of University of Maryland, College Park
student-athletes.
Atlantic Coast Conference is a collegiate athletic conference in
the United States of America in which its fifteen member
universities compete in the National Collegiate Athletic
Association (NCAA)'s Division I.
National Collegiate Athletic Association is the governing body of
collegiate athletics that oversees twenty-three college sports and
over 400,000 students who participate in intercollegiate
athletics.
The Plaintiff is represented by:
Jeff Raizner, Esq.
Dunlavy Street
RAIZNER SLANIA LLP 2402
Houston, TX 77006
Telephone: (713) 554-9099
Facsimile: (713) 554-9098
E-mail: jraizner@raiznerlaw.com
- and -
Jay Edelson, Esq.
Benjamin H. Richman, Esq.
EDELSON PC
350 North LaSalle Street, 13th Floor
Chicago, IL 60654
Telephone: (312) 589-6370
Facsimile: (312) 589-6378
E-mail: jedelson@edelson.com
brichman@edelson.com
- and -
Rafey S. Balabanian, Esq.
EDELSON PC
123 Townsend Street
San Francisco, CA 94107
Telephone: (415) 212-9300
Facsimile: (415) 373-9435
E-mail: rbalabanian@edelson.com
NEW YORK: State Department of Health Faces B Z Suit in E.D.N.Y.
---------------------------------------------------------------
A lawsuit has been filed against Howard Zucker. The case is
captioned B Z and J T, Individually and on Behalf of a Class of
Similarly Situated Individuals, and United States Society for
Augmentative and Alternative Communication, Inc., the Plaintiffs,
v. Howard Zucker, as Commissioner of the New York State Department
of Health, and New York State Department of Health, the
Defendants, Case No. 1:16-cv-05593 (E.D.N.Y., Oct. 6, 2016).
The New York State Department of Health is the department of the
New York state government responsible for public health.
The Plaintiff appears pro se.
NEW YORK KIMCHI: "Sanchez" Suit Seeks to Recover Unpaid Wages
-------------------------------------------------------------
Walter Neira Sanchez, on behalf of himself and others similarly
situated v. New York Kimchi Catering, Corp., Gum Gang Inc., Un Cha
Kim and Sandra Yoo, Case No. 1:16-cv-07784 (S.D.N.Y., October 5,
2016), seeks to recover unpaid minimum wages, unpaid overtime,
tips earned at catering events that were illegally retained by the
Defendants, portions of tips earned on credit card orders
illegally deducted and retained by the Defendants, liquidated
damages and attorneys' fees and costs pursuant to the Fair Labor
Standards Act.
The Defendants operate a restaurant, catering, event planning and
food delivery business under the trade name "New York Kimchi,"
located at 16 West 48th Street, New York, New York.
The Plaintiff is represented by:
Anne Melissa Seelig, Esq.
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, 2nd Floor
New York, NY 10016
Telephone: (212) 465-1124
Facsimile: (212) 465-1181
E-mail: anne@leelitigation.com
cklee@leelitigation.com
OH INSURANCE: Abante Seeks Certification of Class and Sub-Class
---------------------------------------------------------------
The Plaintiff in the lawsuit captioned ABANTE ROOTER AND PLUMBING,
INC., individually and on behalf of a class of all persons and
entities similarly situated v. OH INSURANCE AGENCY and ALLSTATE
INSURANCE COMPANY, Case No. 1:15-cv-09025 (N.D. Ill.), seeks
certification of a class and sub-class consisting of:
Class: All persons in the United States (i) to whom a call
was made for the purpose of encouraging the purchase
of Allstate goods or services (ii) to a cellular
telephone number (iii) using the same or similar
telephone dialing system or prerecorded voice message
as in Defendants' calls to Plaintiff (iv) on or after
October 13, 2011 up until the date of certification.
Sub-Class: All Class members (i) to whom a call was made for
the purpose of encouraging the purchase of Allstate
goods or services (ii) to a cellular telephone number
(iii) using the same or similar telephone dialing
system or prerecorded voice message as in Defendants'
calls to Plaintiff (iv) on or after October 16, 2013
up until the date of certification.
According to records obtained through discovery, there are at
least 60,000 unique phone numbers that were called as part of
dialing campaigns like those in which the Plaintiff was called,
the Plaintiff stated. The Plaintiff brings the lawsuit pursuant
to the Telephone Consumer Protection Act.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=Pk3MhrQ3
The Plaintiff is represented by:
Alexander H. Burke, Esq.
Daniel J. Marovitch, Esq.
BURKE LAW OFFICES, LLC
155 N. Michigan Ave., Suite 9020
Chicago, IL 60601
Telephone: (312) 729-5288
Facsimile: (312) 729-5289
E-mail: aburke@burkelawllc.com
dmarovitch@burkelawllc.com
- and -
Anthony I. Paronich, Esq.
BRODERICK & PARONICH, P.C.
99 High St., Suite 304
Boston, MA 02110
Telephone: (508) 221-1510
Facsimile: (617) 830-0327
E-mail: anthony@broderick-law.com
- and -
Matthew P. McCue, Esq.
LAW OFFICE OF MATTHEW P.MCCUE
1 South Ave., 3rd Floor
Natick, MA 07160
Telephone: (508) 655-1415
Facsimile: (508) 319-3077
E-mail: mmccue@massattorneys.net
PARBALL NEWCO: Faces "Slack" Suit Over Failure to Pay Overtime
--------------------------------------------------------------
William Slack and Harry Strock, individually and on behalf of
others similarly situated v. Parball Newco LLC d/b/a Bally's,
Parball Corp., Parball LLC, and "John Doe Corporations" 1 to 50,
Case No. 2:16-cv-02324 (D. Nev., October 4, 2016), is brought
against the Defendants for failure to pay overtime wages in
violation of the Fair Labor Standards Act.
The Defendants operate Bally's Hotel and Casino and the Paris
Hotel and Casino in Las Vegas, Nevada.
The Plaintiff is represented by:
Leon Greenberg, Esq.
Dana Sniegocki, Esq.
Leon Greenberg Professional Corporation
2965 South Jones Blvd- Suite E3
Las Vegas, NV 89146
Telephone: (702) 383-6085
Facsimile: (702) 385-1827
E-mail: leongreenberg@overtimelaw.com
dana@overtimelaw.com
PATAGONIA FOODS: "Martinez" Sues Over Contaminated Smoothies
------------------------------------------------------------
Jordy Martinez, Michael Middleton, Min Jin Byun, individually and
on behalf of all others similarly situated, Plaintiffs, v.
Patagonia Foods LLC, Sysco Virginia, LLC, Sysco Hampton Roads,
Inc., Tropical Smoothie Cafe, LLC, TSC at Nova Inc., individually
and on behalf of all others similarly situated, Defendants, 1:16-
cv-01242 (E.D. Va., September 30, 2016), seeks redress for
injuries resulting from the sale of adulterated food by Tropical
Smoothie restaurants resulting in an outbreak of Hepatitis A. The
suit further seeks compensatory and/or statutory damages,
restitution, damages for medical monitoring, attorney's fees and
costs and such other and further relief resulting from breach of
warranty, negligence and violation of the Virginia Consumer
Protection Act.
Sysco Virginia, LLC and Sysco Hampton Roads, Inc. are Virginia
franchisees of Tropical Smoothie Cafe, LLC. The smoothies
contained strawberries sourced from Egypt by Patagonia Foods which
contained a strain of the hepatitis virus and were used in at
least six popular smoothies served in locations throughout the
Commonwealth of Virginia.
Plaintiff is represented by:
Steven T. Webster, Esq.
Aaron S. Book, Esq.
WEBSTER BOOK LLP
300 N. Washington St., Suite 404
Alexandria, VA 22314
Tel: (888) 987-9991
Email: swebster@websterbook.com
abook@websterbook.com
PIER 1 IMPORTS: Sued in Cal. Over Unsolicited Text Messages
-----------------------------------------------------------
HEATHER CARSON, individually and on behalf of all others similarly
situated, the Plaintiff, v. PIER 1 IMPORTS, INC., a Delaware
corporation; and DOES 1-50, inclusive, the Defendant, Case No. BC
6361176 (Cal. Super. Ct., Oct. 4, 2016), seeks injunctive relief
and statutory damages of at least $500 per violation and up to
$1,500 per violation pursuant to the Telephone Consumer Protection
Act.
Between March 5, 2013 to September 17, 2014, the plaintiff
received on her cellular telephone approximately 40 text messages
from Pier 1. The text messages were sent for the purpose of
announcing discounts and/or other promotions and inviting the
called party to shop on Pier 1 website. Accordingly, the text
messages introduced an advertisement and constituted telemarketing
within the meaning of 47 C.F.R. Section 64.1200(a)(2).
The Plaintiff has never given prior express written consent for
defendants to send the text messages to Plaintiff's cellular
telephone.
Pier 1 is a chain retailer providing an assortment of unique
imported furniture, home-decor items & tableware.
The Plaintiff is represented by:
James T. Hannink, Esq.
Zach P. Dostart, Esq.
DOSTART HANNINK & COVENEY LLP
4180 La Jolla Village Drive, Suite 530
La Jolla, CA 92037
Telephone: 858-623-4200
Facsimile: 858-623-4299
E-mail: jhannink@sdlaw.com
zdostart@sdlaw.com
PNC BANK: Court Denies Muhammad's Bid to Certify Two Classes
------------------------------------------------------------
The Hon. Joseph R. Goodwin entered a memorandum opinion and order
denying the Plaintiff's motion for class certification filed in
the lawsuit titled JAMES A. MUHAMMAD v. PNC BANK, N.A., Case No.
2:15-cv-16190 (S.D.W. Va.). Judge Goodwin directs the Clerk of
Court to send a copy of the Order to counsel of record and any
unrepresented party.
In his complaint, Mr. Muhammad alleges violations of Section 46A-
2-128(d) of the West Virginia Code in relation to the speed pay
fees. He contends that the speed pay fees violate Section 46A-2-
128(d) because the fees, which are incidental to his principal
obligation, are not authorized by agreement or by statute. He
seeks to certify two classes:
Class A: All West Virginia citizens at the time of the filing
of this action who had or have consumer home loans
serviced by Defendant PNC and who were charged
Speedpay fees and are listed on Exhibit C.
Class B: All West Virginia citizens at the time of the filing
of this action who had or have consumer home loans
serviced by Defendant PNC and who were charged
document request fees and are listed on Exhibit C.
"The named plaintiff, Mr. Muhammad, is not a member of the defined
classes and therefore cannot represent the classes in this
action," Judge Goodwin opines. Judge Goodwin wrote in the Order
that the Plaintiff has not cited, and the Court has not located,
any authority requiring a district court to rewrite a class
definition and redraw a class boundary submitted by the
plaintiff's counsel to drastically expand the class to encompass
individuals excluded by the plain terms of the proffered class
definition.
A copy of the Memorandum Opinion & Order is available at no charge
at http://d.classactionreporternewsletter.com/u?f=ATOJe1Gd
PORSCHE CARS: "Jones" Suit Transferred from C.D. Cal. to D.N.J.
---------------------------------------------------------------
The class action lawsuit titled ROY JONES and Alyce Rubinfeld,
individually and on behalf of a class of similarly situated
individuals, the Plaintiffs, v. PORSCHE CARS NORTH AMERICA, INC.,
and DOES 1-10, inclusive, the Defendants, Case No. 2:15-cv-05766,
was transferred from the U.S. District Court for the Central
District of California, to the U.S. District Court for the
District of New Jersey (Newark). The New Jersey District Court
Clerk assigned Case No. 2:16-cv-06605 to the proceeding.
Porsche Cars North America, based in Atlanta, Georgia, is the
exclusive importer of Porsche vehicles for the United States.
The Plaintiffs are represented by:
Cody R. Padgett, Esq.
Jordan L. Lurie, Esq.
Robert K. Friedl, Esq.
Tarek H Zohdy, Esq.
Capstone Law APC
1875 Century Park East Suite 1000
Los Angeles, CA 90067
Telephone: (310) 556 4811
Facsimile: (310) 943 0396
E-mail: robert.friedl@capstonelawyers.com
The Defendants are represented by:
Anika S Padhiar, Esq.
Yvonne Dalton, Esq.
Stephen T Waimey, Esq.
LEE HONG DEGERMAN
KANG AND WAIMEY
3501 Jamboree Road Suite 6000
Newport Beach, CA 92660
Telephone: (949) 419 8734
Facsimile: (949) 250 9957
- and -
Matthew A. Goldberg, Esq.
William F Kiniry, Jr, Esq.
DLA PIPER LLP (US)
One Liberty Place
1650 Market Street, Suite 4900
Philadelphia, PA 19103
Telephone: (215) 656 3377
Facsimile: (215) 606 3377
E-mail: matthew.goldberg@dlapiper.com
QUICK LANE: Totte Wants to Certify Oil Change Technicians Class
---------------------------------------------------------------
The Plaintiffs in the lawsuit styled TOM TOTTE, CODY HITCH, and
JOHN MERRELL, on behalf of themselves and all other persons
similarly situated, known and unknown v. QUICK LANE OIL & LUBE,
INC. and TALHA HARES, a Michigan for-profit company, and owners of
said Michigan for-profit company, Case No. 2:16-cv-12850-AC-RSW
(E.D. Mich.), file with the Court their motion for conditional
class certification and Court-supervised notice pursuant to the
Fair Labor Standards Act. The Plaintiffs' proposed FLSA class is
defined as:
All current and former employees who worked for the
Defendants as oil change technicians within the last three
years and who were not compensated for all hours worked
including the one and one-half the regular rate for hours
worked in excess of 40 in a workweek.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=2jThL9B7
The Plaintiffs are represented by:
Bryan Yaldou, Esq.
Omar Badr, Esq.
THE LAW OFFICES OF BRYAN YALDOU, PLLC
23000 Telegraph, Suite 5
Brownstown, MI 48134
Telephone: (734) 692-9200
Facsimile: (734) 692-9201
E-mail: bryan@yaldoulaw.com
RENO'S INC: Court Nixes Bid for Certification in "Downard" Suit
---------------------------------------------------------------
The Honorable Paul L. Maloney dismissed without prejudice the
Plaintiffs' motion for conditional certification filed in the
lawsuit titled JULIA DOWNARD AND VALORIE WASHBURN v. RENO'S INC.,
et al., Case No. 1:16-cv-00927-PLM-PJG (W.D. Mich.).
The Plaintiffs initiated the Lawsuit on July 22, 2016, and on
August 4, they filed a motion for pre-discovery conditional
certification of a collective action under the Fair Labor Standard
Act. The Defendants timely filed their answer to the complaint.
The Plaintiffs, then, filed a first amended complaint on September
22.
When filed, an amended complaint supercedes the original
complaint, which becomes a nullity, Judge Maloney opined.
Relevant here, Judge Maloney stated, the First Amended Complaint
adds allegations relevant to the Plaintiffs' claim under the FLSA.
Hence, the Motion is dismissed without prejudice.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=ekf6Afsa
RESIDENTIAL MANAGEMENT: "Castillo" Suit Seeks Overtime Pay
----------------------------------------------------------
Fernando L. Castillo, individually and on behalf of all others
similarly situated, Plaintiff, v. Residential Management (NY),
Inc. and Sam Becker, Defendants, Case No. 1:16-cv-05460 (E.D.
N.Y., September 30, 2016), seeks unpaid wages and overtime,
liquidated damages, reasonable attorneys' fees and costs, and
equitable relief pursuant to the Fair Labor Standards Act.
Defendants operate a residential property management corporation,
controlling over 60 residential buildings including 33-33 82nd
St., where Plaintiff worked as a building superintendent.
Plaintiff is represented by:
Gennadiy Naydenskiy, Esq.
NAYDENSKIY LAW GROUP, P.C.
1517 Voorhies Ave, 2nd Fl.
Brooklyn, NY 11235
Tel: (718) 808-2224
Email: naydenskiylaw@gmai1.com
SCOTT JEWELERS: Faces "Pau" Suit Over Failure to Pay Overtime
-------------------------------------------------------------
Iliana Pau, individually and on behalf of other persons similarly
situated v. Scott Jewelers, Ltd. d/b/a London Jewelers, Mark Udell
Jewelers, Ltd, Udell Jewelers, Inc., and Mark Udell, Case No.
605986/2016 (N.Y. Sup. Ct., October 4, 2016), is brought against
the Defendants for failure to pay overtime wages in violation of
the Fair Labor Standards Act.
The Defendants operate retail establishments and stores located in
New York.
The Plaintiff is represented by:
Lloyd Ambinder, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street
New York, NY 10004
Telephone: (212) 943-9080
E-mail: lambinder@vandallp.com
- and -
Jeffrey K. Brown, Esq.
Michael Tompkins, Esq.
LEEDS BROWN LAW, P.C.
1 Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
SLATER AND GORDON: Faces Class Action from Shareholders
-------------------------------------------------------
Joanna Crothers at ABC News reports that thousands of Slater and
Gordon shareholders will take part in a class action against the
high-profile law firm following allegations the company knew it
was in financial trouble.
According to the report, rival firm Maurice Blackburn is leading
the AUD250-million class action involving more than 3,000 people.
ABC relates that Andrew Watson from Maurice Blackburn said Slater
and Gordon misrepresented its financial prospects to the market
after it acquired a division in the UK company Quindells in
April 2015.
The value of Slater and Gordon shares plummeted and they reported
a net loss of AUD1.02 billion in August, but the firm promised
shareholders it would recover, the report says.
"It gave a false impression of how the company was performing. It
also had a knock-on consequence on any earnings guidance that
Slater and Gordon gave," ABC quotes Mr. Watson as saying.
Mr. Watson said that in November last year shares fell 30% over
two trading days and then a few weeks later fell by 51%, ABC
relays. In December, they fell again and in February this year
they dropped by almost 60%, the report states.
"To have one such incident where the market reacts that adversely
to news which it didn't expect is misfortune. But to have five
just beggars belief," Mr. Watson, as cited by ABC, said.
Slater and Gordon said it was aware of media reports Maurice
Blackburn intended to file a class action but had not been served
with one yet, adds ABC.
Australia-based Slater & Gordon Limited (ASX:SGH) --
https://www.slatergordon.com.au/ -- is engaged in operating legal
practices in Australia and the United Kingdom. The Company
operates through segments, including Slater and Gordon Australia
(AUS), Slater and Gordon UK (UK) and Slater Gordon Solutions
(SGS). The AUS segment conducts a range of legal services within
a geographical area of Australia. The AUS segment also includes
investments, borrowing and capital rising activities. The
Company's UK segment conducts a range of legal services in in the
United Kingdom. The UK segment also includes the investments in
SGS. The SGS segment offers legal services relating to road
traffic accidents, employee liability and noise, including
hearing loss. The SGS segment also provides complementary
services in health and motor services. The Company's business and
specialized litigation services include commercial, estate and
professional negligence litigation and class actions.
SOLARCITY CORP: Faces "Nguyen" Suit Over Proposed Sale to Tesla
---------------------------------------------------------------
Nam T. Nguyen, on behalf of himself and all other similarly
situated v. Elon Musk, Brad W. Buss, Robyn M. Denholm, Ira
Ehrenpreis, Antonio J. Gracias, Stephen T. Jurvetson and Kimbal
Musk, Lyndon Rive, Peter Rive, John H. N. Fisher, J.B. Straubel,
Nancy E. Pfund, The Goldman Sachs Group, Inc., Evercore Group
L.L.C., D Subsidiary, Inc., SolarCity Corporation, and Tesla
Motors, Inc., Case No. 12804 (Del. Ch. Ct., October 5, 2016), is a
stockholder class action and derivative lawsuit arising out of
Elon Musk's attempt to bail out one of his failing companies,
SolarCity Corporation, by forcing Tesla Motors, Inc., one of his
other companies, to acquire it for a vastly inflated price.
Tesla Motors, Inc. designs, develops, manufactures and sells high-
performance fully electric vehicles and energy products.
SolarCity Corporation designs, finances and installs solar power
systems.
The Plaintiff is represented by:
Michael P. Kelly, Esq.
Daniel J. Brown, Esq.
Benjamin A. Smyth, Esq.
MCCARTER & ENGLISH, LLP
Renaissance Centre
405 N. King Street, 8th Flr.
Wilmington, DE 19801
Telephone: (302) 984-6301
E-mail: lkelly@mccarter.com
rbrown@mccarter.com
bsmyth@mccarter.com
- and -
Eduard Korsinsky, Esq.
Amy Miller, Esq.
William J. Fields, Esq.
Jonathan D. Lindenfeld, Esq.
LEVI & KORSINSKY, LLP
30 Broad Street, 24th Floor
New York, NY 10004
Telephone: (212) 363-7500
Facsimile: (212) 363-7171
E-mail: ek@zlk.com
amiller@zlk.com
wfields@zlk.com
jlindenfeld@zlk.com
SOLARCITY CORP: Faces "Wolf" Suit Over Proposed Sale to Tesla
-------------------------------------------------------------
Thomas J. Wolf, on behalf of himself and all other similarly
situated v. Elon Musk, Brad W. Buss, Robyn M. Denholm, Ira
Ehrenpreis, Antonio J. Gracias, Stephen T. Jurvetson and Kimbal
Musk, Lyndon Rive, Peter Rive, John H. N. Fisher, J.B. Straubel,
Nancy E. Pfund, The Goldman Sachs Group, Inc., Evercore Group
L.L.C., D Subsidiary, Inc., SolarCity Corporation, and Tesla
Motors, Inc., Case No. 12805 (Del. Ch. Ct., October 5, 2016), is a
stockholder class action and derivative lawsuit arising out of
Elon Musk's attempt to bail out one of his failing companies,
SolarCity Corporation, by forcing Tesla Motors, Inc., one of his
other companies, to acquire it for a vastly inflated price.
Tesla Motors, Inc. designs, develops, manufactures and sells high-
performance fully electric vehicles and energy products.
SolarCity Corporation designs, finances and installs solar power
systems.
The Plaintiff is represented by:
Michael P. Kelly, Esq.
Daniel J. Brown, Esq.
Benjamin A. Smyth, Esq.
MCCARTER & ENGLISH, LLP
Renaissance Centre
405 N. King Street, 8th Flr.
Wilmington, DE 19801
Telephone: (302) 984-6301
E-mail: lkelly@mccarter.com
rbrown@mccarter.com
bsmyth@mccarter.com
- and -
Eduard Korsinsky, Esq.
Amy Miller, Esq.
William J. Fields, Esq.
Jonathan D. Lindenfeld, Esq.
LEVI & KORSINSKY, LLP
30 Broad Street, 24th Floor
New York, NY 10004
Telephone: (212) 363-7500
Facsimile: (212) 363-7171
E-mail: ek@zlk.com
amiller@zlk.com
wfields@zlk.com
jlindenfeld@zlk.com
STELLAR COLLECTION: Faces "Spero" Suit in E.D. of New York
----------------------------------------------------------
A lawsuit has been filed against Stellar Collection Services Inc.
The case is entitled Rosemarie Spero, individually and on behalf
of all others similarly situated, the Plaintiff, v. Stellar
Collection Services Inc., the Defendant, Case No. 2:16-cv-05569
(E.D.N.Y., Oct. 6, 2016).
Stellar Recovery is a collection agency with offices in
Jacksonville, Florida and Kalispell, Montana.
The Plaintiff is represented by:
Craig B. Sanders, Esq.
SANDERS LAW, PLLC
100 Garden City Plaza, Suite 50
Garden City, NY 11530
Telephone: (516) 203 7600
Facsimile: (516) 281 7601
E-mail: csanders@sanderslawpllc.com
SYNGENTA AG: Farmers File Lawsuit Over Release of VIPTERA Corn
--------------------------------------------------------------
BARKSDALE FARMS, HUNT BARKSDALE, INC., GAINES BARKSDALE, INC.;
FLAUT FARMS, ALBEN FLAUTT, MIKE FLAUTT, STEPHEN FLAUTT, ROBERT
FLAUTT, ANDREW FLAUTT; FLAT GRASSY FARMS, M&P, INC., M&V, INC.,
C&P, INC., CHRIS AND MADGE, INC.; JOSHUA R. CHANDLER D/B/A JOSH
CHANDLER FARMS; ST. JUDE PLANTING COMPANY, W3 FARMS, INC., J&B
FARMS, INC., JUDE WATTS, REBECCA WATTS; WT&J FARMS, INC.; CSW
FARMS, INC.; MASSEY PLANTING CO., ELLINGTON F. MASSEY, B. TURNER
MASSEY; J&P FARMS OF MS, INC.; LONG LAKE FARMS, FRIARS POINT
FARMS, LARSON FARMS, INC., SUDDUTH PLANTING CO. INC., CLARKSDALE
FARMS, INC., CANNON FARMS INC.; MONTEITH FARMS, C.B. MONTEITH SON,
INC., BELMONT PLANTING CO., INC., HOTOPHIA FARMS, JAMES B.
MONTEITH FARMS, INC., RICHARD MONTEITH, LAURIE MONTEITH, CELESTE
MONTEITH; PALASINI FARMS, ELLIS A. PALASINI, NORMA K. PALASINI,
MICHAEL ELLIS PALASINI, ELLIS A. PALASINI, JR.; LAKEWOOD, A
PARTNERSHIP, LAKEWOOD, INC., BROOKS+MCGREGOR, INC., MATT MC, INC.;
ASHTON PLANTING CO., JC & MC LLC, JC & EH LLC, JC & LC LLC;
RIVERSIDE FARMS, GROVER C. LAWSON, III AND VICKI H. LAWSON; BILBO
FARMS, JERRY LOCKE, INC., CHARLENE LOCKE, INC., DAVID GIBSON,
INC., KATRINA GIBSON, INC.; L&G FARMS, JERRY LOCKE, DAVID GIBSON;
WILLIAM E. YOUNG, III; EASTOVER PLANTATION, INC., DAWNDOSTER
YOUNG; WESTSIDE FARM, INC., SKJ, LLC., PHELPS FARMS, LLC.; BAYOU
FARMS, INC.; CIRCLE BAYOU, INC.; PAM JONES D/B/A PJ FARMS; JUSTIN
DAVIS D/B/A JUSTIN DAVIS FARMS; PEMBLE FARMS PARTNERSHIP II, BETH
DAVIS, INC., PEGGY DAVIS, INC., MARIANNA DAVIS, INC., TE PEMBLE
FARMS, INC., DAVIS BROS FARMS, INC., RAINBOW FARMS, INC.;
PARKINSON FARMS, INC.; GARRY MAKAMSON FARMS, GARRY MAKAMSON,
BARBAR & GARRY FARMS, INC., EDDIE & GARRY FARMS, INC., KAY & GARRY
FARMS, INC., RONNIE & GARRY FARMS, INC., MILDRED & GARRY FARMS,
INC., STEVEN & BARBARA FARM, INC.; SILENT SHADE PLANTING COMPANY,
WJ, INC., LJ, INC., TS, INC., ST, INC., JAJ, INC., EJ, INC.;
GANIER PLANTING COMPANY, LUCY FARMS, INC., GANIER BROTHERS, INC.,
GANIER LIVESTOCK, INC.; LYNDALE FARMS, MICHAEL AND ELIZABETH,
INC., MICHAEL INC.; DANNY PEARSON FARMS PARTNERSHIP, DANNY O.
PEARSON, DANIEL C. PEARSON, PAYTON K. PEARSON; GANT & SONS
PARTNERSHIP, DONALD H. GANT, SCOTT GANT, MICHAEL GANT, CINDY G.
MOUNCE; CIRCLE H JOINT VENTURE, JOHN R. HOWARTH, WALTER J.
HOWARTH, HARRY L. HOWARTH, THOMAS E. HOWARTH, JOHN R. HOWARTH,
JR.; ROWAN FARMS, LLC; SHELTON FARMS, LLC, GREG BURTON FARMS,
GREGORY EARL BURTON, VELMARIE SHELTON BURTON; COLE EAGLE FARMS,
LLC; COLE LAKE PLANTATION, LLC; ROWLAND FARMS, LLC; GREEN LAND
PLANTING CO., LLC; WAKEFIELD FARMS, ARNOLD S. CARPENTER, PEGGY S.
BROADWAY; BRISCOE & SONS FARM, JOHN B. BRISCOE,JOSHUA BRISCOE,
PAUL BRISCOE; LINVILLE FARMS, JOSEPH P. GRAVES, LEE P. GRAVES;
WHITE BROTHERS FARM, PAUL LYNN WHITE, ROBERT JERROLD WHITE;
TREADWAY BROTHERS FARM, JAMES T. TREADWAY, GERALD M. TREADWAY;
ROBERT LEE CARPENTER; JESSIE LEE HOWELL; THREE T FARM, LLC; B AND
H FARMING, LLC; TIM MORRIS FARMS, TIMOTHY J. MORRIS, TIM MORRIS,
INC.; MM FARMS, INC.; MORRIS FARMS, MOOSE PLANTING, INC., MOOSE
FARMS, INC.; M&R FARMS, TIMOTHY J. MORRIS, AMY MORRIS; RAY
CRAWFORD FARMS; NORA C. CRAWFORD, NCC RCC INC., RAY C. CRAWFORD;
3-ROCK FARMS PARTNERSHIP, MICHAEL ROCCONI FARMS, PATRICK ROCCONI
FARMS, T-M ROCCONI FARMS, M-P ROCCONI RARMS; A & L FARMS
PARTNERSHIP, LAWRENCE E. MURPHY JR., P. BOND MURPHY, ALICE RAY
MURPHY; ADB FARMS LLC; MOON LAKE FARMS PARTNERSHIP, ALAN BYRD,
COTTON POINT LTD, PARIDISE COTTON LTD, KRISTIC BYRD; GRITTMAN
FARMS PARTNERSHIP, II, J. ALLEN GRITTMAN, J & J GRITTMAN FARMS
INC., A & L GRITTMAN FARMS INC., H & F FARMS INC.; BLUFFVIEW FARMS
PARTNERSHIP, ALLEN WEST SR., ABF INC., PAF INC., JPF INC., APF
INC.; W & W PARTNERSHIP, SAS FARMS INC., SLW FARMS INC.; ANDREWS
FARMS PARTNERSHIP, CONN INC., CONNIE ANDREWS, TLA FARMS INC.,
LAMAR ANDREWS; ANTHONY FERRETTI D/B/A ANTHONY FERRETTI FARMS;
TIDMORE FARMS PARTNERSHIP, LAC INC, LITTLE T LLC, ACT PLANTING CO.
INC.;ASHLEY SELMAN FARMS PARTNERSHIP, SELMAN GROWERS LLC, JUST
SOUTH PLANTING COMPANY INC., DUE NORTH PLANTING COMPANY INC.,
SELMAN PLANTING COMPANY INC., SCHLATER PLANTING COMPNAY INC.,
SELMAN PRODUCERS; LUBIN FARMS PARTNERSHIP, CHARLYN FARMS LLC A,N
AND L FARMS INC., A AND S FARMS INC., AVA FARMS INC., MILTON
PLANTING CO. LLC; BEELER FARMS PARTNERSHIP, GEORGE C. BEELER,
AMANDA L. BEELER; BELL & BELL PARTNERSHIP, MARVIN A. BELL III,
WILLIAM S. BELL; BELL FARMS PARTNERSHIP, WILLIAM & LESLIE INC.,
WILMAR PLANTING CO. INC., BELL PLANTING CO.; THE GRIFFITH
PARTNERSHIP, BILL GRIFFITH, BILL GRIFFITH & COMPANY, GRIFFITH
FARMS INC., WILLIAM M. GRIFFITH SR. TRUST; BRAZIL PLANTING
COMPANY, HUBERT EVAN WOLFE, JR., KRISTOPHER WOLFE, ARTHUR WOLFE,
HKA INC., WWW INC.; BYRD FARMS PARTNERSHIP, BRIAN BYRD, JUDY A.
BYRD, JEREMY BYRD, JARRETT BYRD; CHIC, INC.; CHIC JR. FARMS
PARTNERHSIP, CHARLES T. CHICORELLI JR., AMY R. CHICORELLI; RELLO,
INC.; CHICKASAW FARMS PARTNERSHIP, CHARLES H. WEST, JR., AGSTAR
INC., SAMCO, INC., WESTCO, INC.; HUNT FARMS PARTNERSHIP, DAH FARMS
INC., SARAH MORGAN FARMS INC., TALLEY LAND MANAGEMENT PARTNERSHIP,
CHRIS TALLEY, HUNTER FARMS INC., SYDNEY FARMS INC., ANNA CHRIS
FARMS INC; CT DANNA; DANIEL W. LYONS FARMS, VIRGINIA DEAL LLC, DAN
SHERR FARMS PARTNERSHIP, SHERRY LYONS; CALLOW & CALLOW
PARTNERSHIP, DAVID CALLOW, TERESA CALLOW, ELLA MITCHEM; G & D FARM
INC.; DAVIDSON FARMS NO. 3, DEKOKA DAVIDSON FARMS INC., RD&B FARMS
INC., RUDY DAVIDSON FARMS INC.; DEAN PARTNERSHIP, DELBERT DEAN,
CHERYL DEAN, JOSEPH DEAN; DL FARMS PARTNERSHIP, LORA MUZZI, DANNY
MUZZI; DOUBLE L FARMS PARTNERHSIP, TORY ZEPPONI, CORRI ZEPPONI;
DURAJ & DURAJ PARTNERSHIP, JOHN C. DURAJ, JR.; DURST & DURST
PARTNERSHIP, DONALD O. DURST, JR., LOTTIE M. DURST, WILLIAM O.
DURST, EVELYN J. DURST, CHARLES S. DURST; HOLY GROVE PARTNERSHIP,
DONALD O. DURST, JR., LOTTIE M. DURST, WILLIAMS O. DURST, EVELYN
J. DURST, CHARLES S. DURST; RIVERVIEW FARMS A PARTNERSHIP,
EVERETTE EASTLAND, KAY B. EASTLAND; J.O. & H.C. EASTLAND INC.;
BEAR WALLOW INC.; FITZHUGH FARMS INC.; FRANK L. MELTON FARMS
PARTNERSHIP, FRANK L. MELTON, JUNE J. MELTON; FIORANELLI BROTHERS
JOINT VENTURE, FIORANELLI BROTHERS PARTNERSHIP II, FOUR F FARMS
INC., SNAKE CREEK PLAINTING & LEASING, C & G FIORANELLI FARMS
INC., JOHNSON PLACE LLC, GEORGE E. FIORANELLI, SHARON FIORANELLI,
GARY J. FIORANELLI, BEVERLY FIORANELLI, WAYNE A. FIORANELLI, DEBRA
FIORANELLI, ERIC FIORANELLI, GRAIC FARMS INC.; GUDE CARVER JR.;
BASS FARMS PARTNERSHIP, GARRETT BASS INC., BUDDY BASS INC., MARI
BASS INC.; BRUSHY LAKE FARMS OF BOLIVAR COUNTY, B. HAMPTON BASS
III INC., B. BASS INC., FREELAND BASS INC.; HANEY FARMING
PARTNERSHIP, JLH INC., TLH INC., JIM-TRO FARMS INC., J & J
PLANTING COMPANY, HAN-HOLT FARMS, INC.; MOSCO FARMS PARTNERSHIP, K
& H MOSCO FARMS INC., H & H MOSCO FARMS INC., H &A MOSCO FARMS
INC., JAMES B. RUSSELL; JERRY & RUTH SHORT PARTNERSHIP, JERRY
SHORT, RUTH SHORT; S & S PARTNERSHIP, ZUMBRO PLANTING COMPANY, J &
J PARTNERSHIP, JOE SMITH, ROSS HESTER; HENRY FARMS PARTNERSHIP,
ALEXANDAR V. HENRY, JOHN B. HENRY; F & H FARMS INC., JOHN HENRY
FARMS; WESTSIDE FARMS PARTNERSHIP, JOJEN INC., JOMAC INC.; MCKEE
PLANTING COMPANY; T & D FARMS PARTNERSHIP; KENT J. TOLER JR.,
CAREY JOE DONAHUE; L & N REGINELLI PARTNERSHIP, LAWRENCE
REGINELLI, NANCY REGINELLI, BRIAN REGINELLI; LAGNIAPPE FARMS
PARTNERSHIP, SHELBY PLACE FARMS LLC, WRIGHTS CROSSING INC., DEESON
PLACE FARMS INC., SCOTLAND PLACE INC.; MALATESTA & MALATESTA INC.
PARTNERSHIP D/B/A LEMA FARMS PARTNERSHIP, JAMES D. MALATESTA,
MALCO FARMS INC., MALATESTA & MALATESTA FARMS INC.; MARCAM
HOLDINGS, MARCUS FRIESEN, AMY S. FRIESEN; MASCOT PLANTING COMPANY,
DAVID CARR, LEAH CARR; RALPH W. MCGEE D/B/A MCGEE FARMS; MIKE
SWINDOLL FARMS PARTNERSHIP, MICHAEL D. SWINDOLL, CHERYL C.
SWINDOLL; MORGAN PLANTING COMPANY PARTNERSHIP, LIBDU INC., ISSA
INC., JANA INC., BALIZ INC., DUME INC., KLARAK INC., NIGKE LLC,
DONKE LLC; CHENAULT FARMS, HORSHOE BEND INC., MHN INC., HALF MOON
BAYOU INC.; PAIR-A-DICE FARMS INC.; JR FREY; PANTHER CREEK
PLANTATION, WILLIAM H. MCGEE, LUCILLE C. MCGEE; PATTI ROOKER
FARMS; PAUL FORTNER FARMS PARTNERSHIP, MATTHEW FORTNER, PAUL
FORTNER, PAM FORTNER, RUSSELL; JERRY & RUTH SHORT PARTNERSHIP,
JERRY SHORT, RUTH SHORT; S & S PARTNERSHIP, ZUMBRO PLANTING
COMPANY, J & J PARTNERSHIP, JOE SMITH, ROSS HESTER; HENRY FARMS
PARTNERSHIP, ALEXANDAR V. HENRY, JOHN B. HENRY; F & H FARMS INC.,
JOHN HENRY FARMS; WESTSIDE FARMS PARTNERSHIP, JOJEN INC., JOMAC
INC.; MCKEE PLANTING COMPANY; T & D FARMS PARTNERSHIP; KENT J.
TOLER JR., CAREY JOE DONAHUE; L & N REGINELLI PARTNERSHIP,
LAWRENCE REGINELLI, NANCY REGINELLI, BRIAN REGINELLI; LAGNIAPPE
FARMS PARTNERSHIP, SHELBY PLACE FARMS LLC, WRIGHTS CROSSING INC.,
DEESON PLACE FARMS INC., SCOTLAND PLACE INC.; MALATESTA &
MALATESTA INC. PARTNERSHIP D/B/A LEMA FARMS PARTNERSHIP, JAMES D.
MALATESTA, MALCO FARMS INC., MALATESTA & MALATESTA FARMS INC.;
MARCAM HOLDINGS, MARCUS FRIESEN, AMY S. FRIESEN; MASCOT PLANTING
COMPANY, DAVID CARR, LEAH CARR; RALPH W. MCGEE D/B/A MCGEE FARMS;
MIKE SWINDOLL FARMS PARTNERSHIP, MICHAEL D. SWINDOLL, CHERYL C.
SWINDOLL; MORGAN PLANTING COMPANY PARTNERSHIP, LIBDU INC., ISSA
INC., JANA INC., BALIZ INC., DUME INC., KLARAK INC., NIGKE LLC,
DONKE LLC; CHENAULT FARMS, HORSHOE BEND INC., MHN INC., HALF MOON
BAYOU INC.; PAIR-A-DICE FARMS INC.; JR FREY; PANTHER CREEK
PLANTATION, WILLIAM H. MCGEE, LUCILLE C. MCGEE; PATTI ROOKER
FARMS; PAUL FORTNER FARMS PARTNERSHIP, MATTHEW FORTNER, PAUL
FORTNER, PAM FORTNER, JONATHAN FORTNER; PERTHSHIRE FARMS JOINT
VENTURE, W. CARY HOOD, HOWARD A. HOOD, KENNETH B. HOOD, CURTIS G.
HOOD, KHC, INC., STAFFORD PLACE, INC., ISLAND PLACE, INC., HUGHES
PLACE, INC., SIXTH FIELD, INC., ROSE PLACE, INC., LESTER PLACE,
INC., FISHER PALCE, INC., TURKEY PEN, INC., DENTON PLACE, INC.;
MENTONE FARMS LLC; OPOSSUM RIDGE PLANTING CO., LUTKIN FARMS INC.,
OPOSSUM RIDGE FARMS INC., GRANICUS BAYOU LAND CO. INC., BUCK INC.,
L & C INC.; PONGETTI FARMS PARTNERSHIP II, GARY PONGETTI, EBP
INC., PONGETTI FARMS INC.; RAYNER PLANTING COMPANY, JON R. MEYER,
SUSAN M. ANDERSON, JIM F. MEYER, EDGAR B. MEYER, C.P.R. MEYER
FARMS INC., SUE R. LATHAM TRUST; RKB FARMS PARTNERSHIP, RODERICK
R. BROWN, SANDY BAYOU INC., GROW GRAIN INC., DELTA DIRT INC.;
ROCCO GLYNN MORRIS JR. D/B/A ROCCO GLYNN MORRIS JR. FARMS; RODNEY
H. WALKER FARMS PARTNERSHIP, RODNEY WALKER FARMS INC., R & L FARMS
INC., W & A FARMS INC.; SUNFLOWER PLANTATION PLANTING CO. LLC;
HACKBERRY FARMS D/B/A ROSS HESTER; R & R FARMS INC.; WOODS FARMS
PARTNERSHIP, RUSSELL WOODS, MARGARET M. WOODS; SCALLION FARMS
PARTNERSHIP, MARSHALL W. SCALLION, BROOKE W. SCALLION; E &S FARMS
PARTNERSHIP, ERIC LIVINGSTON, SHARON LIVINGSTON; SMYTHE & SONS
PARTNERSHIP, F.J. SMYTHE, SHERRY L. HAWKINS, WILLIAM F.R. SMYTHE,
ANN MARIE SMYTHE, R.H. CARTER SMYTHE, SARAH H. SMYTHE; J AND S
FARMS, JAMES A. HERBISON INC., STEVE HERBISON INC., HERBALLEN
INC.; BEAVER BAYOU FARMS, ERIN HERBISON FARMS INC., AFLH INC.,
WEBER FARMS INC.; WILLIAM S. NICKLES; TALLEY PLANTING COMPANY,
MICHELLE TALLEY, RANDOLPH J. TALLEY JR., BULLFROG AG INC., DALT
FARM INC.; CROSSROADS FARMS PARTNERSHIP, JEFF TALLEY, TATER BUG
FARMS INC., RED TOP FARMS INC., RISNER FARMS INC., TWO BALE FARMS
INC.; TERRY ROCCONI FARMS PARTNERSHIP, TERRY ROCCONI FARMS INC.,
T-P ROCCONI FARMS INC.; BOBO FARMS PARTNERSHIP, TIMOTHY ELLIS,
JENNIFER BAILEY; A & T FARMS PARTNERSHIP, TIMMYH WALKER, JUDY
WALKER; TOLLISON FARMS PARTNERSHIP, BECKY TOLLISON, ZACHARY CULP
TOLLISON; TWIN RIDGE FARMS PARTNERSHIP, E. NATHAN MCKNIGHT, R3
FARMS INC., GNC INC., DELTA MANAGEMENT INC.; WAXHAW FARMS, PHILLIP
ADAMS FARMS INC., JIM ADAMS FARMS INC., DAVID ADAMS FARMS INC.,
BILL ADAMS FARMS INC., BODINE FARMS INC.; WEST PARTNERSHIP II, LAW
FARMS INC., NOLAN WEST, NFW FARMS INC., HSS FARM INC., SR & JR
FARM INC.; GOURLAY JOINT VENTURE, JOHN GOURLAY, ANN GOURLAY, WILL
P. GOURLAY; WILLIAM E. LIVINGSTON JR.; Z & P FARMS LLC; JAMERSON
FARMS II, SUSAN JAMERSON, SUZANNE DEMENT v. SYNGENTA AG, SYNGENTA
CROP PROTECTION AG, SYNGENTA CORPORATION, SYNGENTA CROP
PROTECTION, LLC SYNGENTA BIOTECHNOLOGY, INC. AND SYNGENTA SEEDS,
INC. Case No. 4:16-cv-00194-DMB-JMV (N.D. Miss., September 27,
2016), alleges on behalf of themselves and all others similarly
situated that:
(1) Syngenta falsely advertised VIPTERA corn under the Lanham
Act;
(2) Syngenta's release of VIPTERA corn constitutes a public
nuisance;
(3) Syngenta's release of VIPTERA corn and contamination of the
U.S. corn supply constitutes a trespass to chattels;
(4) Syngenta's release of VIPTERA corn was negligent;
(5) Syngenta is strictly liable for damages done by the release
of VIPTERA corn;
(6) Syngenta negligently interfered with Plaintiffs' prospective
economic business relations; and
(7) Syngenta fraudulently misrepresented the approval status of
VIPTERA corn;
SYNGENTA AG -- http://www.syngentabiotech.com-- produces crop
protection products and seeds.
The Plaintiff is represented by:
W. Brennan Chapman, Esq.
CHAPMAN, LEWIS & SWAN, PLLC
P.O. Box 428
Clarksdale, MS 38614
Phone: (662) 627-4105
Fax: (662) 627-4171
E-mail: brennan@chapman-lewis-swan.com
- and -
Warren B. Bell, Esq.
WESTERFIELD, JANOUSH & BELL, P.A.
P.O. Box 1448
Cleveland, MS 38732
Phone: (662) 846-1716
Fax: (662) 846-7134
E-mail: wbell@wesjan.com
TACKLEBOX 2: Faces "Phillips" Suit Over Failure to Pay Overtime
---------------------------------------------------------------
Connie Phillips and Elizabeth Carter, individually and on behalf
of all others similarly situated v. Tacklebox 2, Case No. 3:16-cv-
02447 (N.D. Ohio., October 5, 2016), is brought against the
Defendant for failure to pay overtime wages in violation of the
Fair Labor Standards Act.
Tacklebox 2 operates a restaurant in the City of Fremont, County
of Sandusky, State of Ohio.
The Plaintiff is represented by:
Sean H. Sobel, Esq.
THE SPITZ LAW FIRM, LLC
25200 Chagrin Boulevard, Suite 200
Beachwood, OH 44122
Telephone: (216) 291-4744
Facsimile: (216) 291-5744
E-mail: sean.sobel@spitzlawfirm.com
TOYOTA MOTOR: Sued in Cal. Over Toyota Vehicle's Sunroof Damage
---------------------------------------------------------------
PAUL MINOLETTI and GINGER MINOLETII, on behalf of themselves and
all other similarly situated, the Plaintiffs, v. TOYOTA MOTOR
SALES, U.S.A INC.; and DOES 1-10, the Defendants Case No. BC63 6
269 (Cal. Super. Ct., Oct. 4, 2016), seeks a declaration that
Toyota must disgorge for the benefit of the class, all or part of
the ill-gotten profits it received from the sale or lease of the
class vehicles.
On February 18,2016, Mrs. Minoletti was driving her Lexus on the
101 freeway in South San Francisco when she heard an unfamiliar
loud crackling noise. Shortly thereafter; the Plaintiff discovered
that the vehicle's sunroof had shattered and cracked. The
Plaintiffs had to have the sunroof repaired, but the vehicle was
no longer covered under Defendant's warranty.
Toyota Motor is a California corporation with its corporate
headquarters located in Torrance, California. The Defendant
designs, manufactures motor vehicles, parts, and other products
for sale in the United States and throughout the world.
The Plaintiff is represented by:
Brian D. Chase, Esq.
Jerusalem F. Beligan, Esq.
BISNAR D. CHASE LLP
1301 Dove Street, Suite 120
Newport Beach, CA 92626
Telephone: (949) 752 2999
Facsimile: (949) 752 2777
E-mail: bchase@bisnarchase.com
jbeligan@bisnarchase.com
- and -
Brian S. Kabateck, Esq.
Lina Melidonian, Esq.
Drew R. Ferrandini, Esq.
Engine Company No. 28 Building
644 South Figueroa Street
Los Angeles, CA 90017
Telephone: (213) 217 5000
Facsimile: (213) 217 5010
E-mail: bsk@kblawyers.com
lm@kblawyers.com
df@kbklawyers.com
TRAEGER PELLET: Leverage Wants to Certify FLSA Collective Class
---------------------------------------------------------------
The Plaintiffs in the lawsuit titled DAVID LEVERAGE, MICHAEL
LENTINI, PETER DANA, and CHRIS BENHARDUS as individuals, and on
behalf of all others similarly situated v. TRAEGER PELLET GRILLS
LLC and XEN 2, INC., Case No. 4:16-cv-00784-KAW (N.D. Cal.), and
opt-in Plaintiff Tracy Powell move the Court for an order
conditionally certifying a collective action under Section 216(b)
of the Fair Labor Standards Act. The Plaintiffs seek conditional
certification of an "FLSA Collective Class," consisting of these
two subclasses:
(1) Costco/Wholesale Group Subclass: All individuals who are
or were employed by Defendant Traeger Pellet Grills, LLC
and/or Defendant Xen 2, Inc. (collectively "Defendants")
as "Demonstrators" or "Brand Ambassadors" (or similarly
titled positions) at any time from three years before the
date that any individual claimant's written consent to
opt-in is filed with the Court, plus the period that was
tolled pursuant to the parties' tolling agreement, until
the present, and who worked in the "Wholesale Group"
and/or worked at a Costco road show on at least one
occasion during that time period. Specifically excluded
from the Subclass are any individuals who spent more than
twenty percent of their working days making direct sales
at trade shows, fairs, expos, conventions, and home shows
(the "Direct Sales Group"); and
(2) Mall Group Subclass: All individuals who are or were
employed as "managers" or "assistant managers" to work in
fixed mall locations selling Traeger products at any time
from three years before the date that any individual
claimant's written consent to opt-in is filed with the
Court, plus the period that was tolled pursuant to the
parties' tolling agreement, until the present (the "Mall
Group"), and who were classified as "exempt."
The Plaintiffs also move the Court to enter an order:
-- requiring that judicial notice be sent to all putative FLSA
Collective Class Members;
-- approving the form and content of the Plaintiffs' proposed
judicial notice and Consent to Join form;
-- authorizing a ninety-day notice period for putative FLSA
Collective plaintiffs to join the case; and
-- ordering Defendants to produce to the Plaintiffs' counsel
the contact information for each FLSA Collective Class
Member.
The Court will commence a hearing on December 15, 2016, at 11:00
a.m., to consider the Motion.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=pAVjga0H
The Plaintiffs are represented by:
Paul K. Haines, Esq.
Tuvia Korobkin, Esq.
Fletcher W. Schmidt, Esq.
HAINES LAW GROUP, APC
2274 E. Maple Avenue
El Segundo, CA 90245
Telephone: (424) 292-2350
Facsimile: (424) 292-2355
E-mail: phaines@haineslawgroup.com
tkorobkin@haineslawgroup.com
fschmidt@haineslawgroup.com
- and -
John H. Crouch, IV, Esq.
Christina A. Hopkins, Esq.
KILGORE & KILGORE PLLC
3109 Carlisle Street, Suite 200
Dallas, TX 75204
Telephone: (214) 969-9099
Facsimile: (214) 953-0133
E-mail: jhc@kilgorelaw.com
cah@kilgorelaw.com
TRAILS CAROLINA: Faces "Lewis" Suit Alleging Violation of FLSA
--------------------------------------------------------------
JUSTIN LEWIS, v. TRAILS CAROLINA LLC, Case No. 1:16-cv-00318
(W.D.N.C., September 27, 2016), alleges on behalf of himself and
those similarly situated that Plaintiffs were compensated
improperly for overtime work in violation of the Fair Labor
Standards Act.
Defendant provides a wilderness therapy program for adolescents
providing the same a wilderness experience combined with the
utilization of strong clinical assessments therapy and integration
of family systems approach to overall treatment.
The Plaintiff is represented by:
Ben C. Scales Jr., Esq.
P.O. Box 7382
Asheville NC 28802
Phone: 863-529-8312
E-mail: ben_scales@yahoo.com
- and -
Robert Aranda, Esq.
VALENTI CAMPBELL TROHN TAMAYO & ARANDA, P.A.
P.O. Box 2369
Lakeland, FL 33806
Phone: (863) 686-0043
Fax: (863) 616-1445
E-mail: r.aranda@vctta.com
c.harris@vctta.com
TRISH MCEVOY: Faces Suit in Calif. Over Unpaid Wages
----------------------------------------------------
MILAGROS MILLY SHAVERGONZALEZ, individually and on behalf of other
persons similarly situated, the Plaintiff, v. TRISH McEVOY, LTD. a
New Jersey Foreign Profit Corporation, and DOES 1-50, the
Defendants, Case No. BC636069 (Cal. Super. Ct., Oct. 4, 2016),
seeks to recover unpaid wages, and interest for off the-clock
work, improperly calculated overtime, reimbursement for incurred
expenses, waiting time penalties in the form of continuation wages
for failure to timely pay employees, wage statement penalties, and
reasonable attorneys' fees and costs, pursuant to the California
Labor Code.
According to the complaint, the Plaintiff regularly engaged in
work that Defendant did not pay her for. This work included
telephone calls, e-mails, and text messages that were sent after
or before hours, or on non-work days.
Trish McEvoy provides makeup brushes, fragrances, and bath and
body products.
The Plaintiff is represented by:
Ari Moss, Esq.
Dennis Moss, Esq.
Moss Bollinger, LLP
15300 Ventura Boulevard, Suite 207
Sherman Oaks, CA 91403
Telephone: (310) 982 2984
Facsimile: (310) 861 0389
E-mail: ari@mossbollinger.com
UNITED STATES: "Hernandez" Files Suit v. Homeland Security
----------------------------------------------------------
A lawsuit has been filed against the U.S. government. The case is
titled JERY PERDOMO HERNANDEZ, and on behalf of those similarly-
situated, the Petitioner, v. LORETTA LYNCH, U.S. Attorney General;
JEH JOHNSON, Secretary Homeland Security; JUAN P. OSUNA, Acting
Director, Executive Office for Immigration Review; MARK VOLGER,
Field Office Director, New Jersey District; and ANTHONY PERILLO,
Officer-in-Charge, Essex County Detention Facility, Respondents,
Case No. 2:16-cv-06660-MCA (D.N.J., Oct. 6, 2016). The case is
assigned to Hon. Judge Madeline C. Arleo.
The current Attorney General, Loretta Lynch was nominated by
President Obama after serving as the United States Attorney for
the Eastern District of New York. She was confirmed by the Senate
on April 23, 2015 and sworn in by Vice President Biden on April
27, 2015.
The Petitioner appears pro se.
The Respondents are represented by:
Caroline A. Sadlowski, Esq.
UNITED STATES ATTORNEY'S OFFICE
970 BROAD STREET, SUITE 700
NEWARK, NJ 07102
Telephone: (973) 645-2700
E-mail: caroline.sadlowski@usdoj.gov
UNITEDHEALTH GROUP: Sued Over Unlawful Spread Compensation
----------------------------------------------------------
Anna Mohr, Samantha Sohmer, and Charles Wiltsie, individually and
on behalf of all others similarly situated v. Unitedhealth Group
Incorporated, Unitedhealthcare, Inc., United Healthcare Services,
Inc., Unitedhealthcare Insurance Company, Oxford Health Insurance,
Inc., and Unitedhealthcare Community Plan, Inc., Case No.
0:16-cv-03352-JNE-BRT (D. Minn., October 4, 2016), is an action
for damages as a proximate result of the Defendants' practice of
taking excessive undisclosed spread compensation, specifically by
requiring network pharmacies to charge insured patients
unauthorized and excessive amounts for prescription drugs.
The Defendants operate a health insurance company that offers a
spectrum of products and services through its two operating
platforms: health insurance benefits through United Healthcare
including prescription drugs through the pharmacy benefits manager
("PBM"), Optum.
The Plaintiff is represented by:
Daniel R. Shulman, Esq.
John M. Nichols, Esq.
GRAY PLANT MOOTY
80 South 8th Street 500 IDS Center
Minneapolis, MN 55402
Telephone: (612) 632-3000
Facsimile: (612) 632- 4444
E-mail: daniel.shulman@gpmlaw.com
john.nichols@gpmlaw.com
- and -
Robert A. Izard, Esq.
Craig A. Raabe, Esq.
Christopher M. Barrett, Esq.
IZARD, KINDALL & RAABE, LLP
29 South Main Street, Suite 305
West Hartford, CT 06107
Telephone: (860) 493-6292
Facsimile: (860) 493-6290
E-mail: rizard@ikrlaw.com
craabe@ikrlaw.com
cbarrett@ikrlaw.com
- and -
Ronen Sarraf, Esq.
Joseph Gentile, Esq.
SARRAF GENTILE LLP
14 Bond Street, Suite 212
Great Neck, NY 11021
Telephone: (516) 699-8890
Facsimile: (516) 699-8968
E-mail: ronen@sarrafgentile.com
joseph@sarrafgentile.com
VIRGINIA: Board of Elections Sued Over Citizens' Voting Rights
--------------------------------------------------------------
Roger Schweikert, on behalf of himself and others similarly
situated v. Mark R. Herring, James B. Alcorn, Clara Belle Wheeler,
Singleton McAllister, and Edgardo Cortez, Case No. 3:16-cv-00072-
GEC (W.D. Va., October 4, 2016), alleges that Virginia law acts to
strip Citizens' right to vote their conscience, specifically by
imposing a discriminatory system that disenfranchises a class and
regions of voters, who vote for, but are denied, an elector to
represent their preferences as to who is to serve as president.
Mark R. Herring is an Attorney General of the Commonwealth of
Virginia.
James B. Alcorn is the Chairman of the Virginia State Board of
Elections.
Singleton McAllister is the Secretary of the Virginia State Board
of Elections.
Edgardo Cortez is the Commissioner of the Virginia State Board of
Elections.
The Plaintiff appears pro se.
WELLS FARGO: Certification of Class Sought in "Martin" Suit
-----------------------------------------------------------
Nicholas Martin asks the Court to certify that the claims set
forth in his complaint in the lawsuit entitled Nicholas M. Martin
v. Wells Fargo Bank, N.A., Case No. 1:16-cv-09483 (N.D. Ill.), may
proceed on behalf of a class and sub-class.
The Class consists of:
All consumers in the United States whose consumer reports
were used or obtained by Wells Fargo where the consumer did
not have an existing account relationship during the
applicable statute of limitations period.
The Short Sale Sub-Class consists of:
All consumers in the United States whose consumer reports
used or obtained by Wells Fargo after the consumer
discharged their obligation to Wells Fargo through a Short
Sale agreement during the relevant statute of limitations
period.
The Plaintiff brings the class action against Wells Fargo for
violations of the Fair Credit Reporting Act.
Mr. Martin also asks the Court to appoint him as class
representative, appoint his lawyers as counsel for the class and
sub-class, and allow him to file a memorandum in support of the
Motion after sufficient discovery has been undertaken.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=G4k1yGOC
The Plaintiff is represented by:
Keith J. Keogh, Esq.
Amy L. Wells, Esq.
KEOGH LAW, LTD.
55 West Monroe Street, Suite 3390
Chicago, IL 60603
Telephone: (312) 726-1092
Facsimile: (312) 726-1093
E-mail: Keith@KeoghLaw.com
AWells@KeoghLaw.com
WISCONSIN HOSPITALITY: "Meetz" Suit Seeks Reimbursements
--------------------------------------------------------
Wayne Meetz, individually and on behalf of all others similarly
situated, Plaintiff, v. Wisconsin Hospitality Group, LLC,
Defendant, Case No. 16-cv-1313 (E.D. Wis., September 30, 2016),
seeks unpaid minimum wages, liquidated damages, costs, attorneys'
fees, and/or any such other relief pursuant to the Fair Labor
Standards Act.
Wisconsin Hospitality Group operates 73 Pizza Hut franchises in
Wisconsin. Meetz worked as a delivery driver at the Pizza Hut
restaurant located on Oneida Street in Appleton, Wisconsin.
Meetz have incurred maintenance costs and gasoline for his vehicle
used in delivering pizzas that were not reimbursed by the
Defendant.
Plaintiff is represented by:
Summer H. Murshid, Esq.
Larry A. Johnson, Esq.
Timothy P. Maynard, Esq.
HAWKS QUINDEL, S.C.
222 East Erie, Suite 210
P.O. Box 442
Milwaukee, WI 53201-0442
Telephone: 414-271-8650
Fax: 414-271-8442
E-mail: ljohnson@hq-law.com
smurshid@hq-law.com
tmaynard@hq-law.com
YAHOO! INC: Faces "Perlmutter" Suit Over Security Breach
--------------------------------------------------------
Nancy Perlmutter, individually and on behalf of all others
similarly situated v. Yahoo! Inc., Case No. 5:16-cv-05643-NC (N.D.
Cal., October 5, 2016), is brought against the Defendants for
failure to adequately protect the personal information of its
customers and for failing to timely notify customers that their
personal information had been stolen from Yahoo's computer system.
Yahoo! Inc. is a global technology company that provides a variety
of products and services on the Internet and mobile devices, many
of them personalized, including search, content, and
communications tools, including e-mail.
The Plaintiff is represented by:
Patrice L. Bishop, Esq.
STULL, STULL & BRODY
9430 West Olympic Blvd., Suite 400
Beverly Hills, CA 90212
Telephone: (310) 209-2468
Facsimile: (310) 209-2087
E-mail: service@ssbla.com
- and -
Howard Longman, Esq.
Patrick Slyne, Esq.
STULL, STULL & BRODY
6 East 45th Street
New York, NY 10017
Telephone: (212) 687-7230
Facsimile: (212) 490-2022
E-mail: hlongman@ssbny.com
pkslyne@ssbny.com
YAHOO! INC: "Howard" Sues Over Data Breach
------------------------------------------
Kim Howard, Hashmatullah Essar, Raymond Collier, Madonna Cote,
Helen Ciangiulli, and Lolita Morris, Individually and on behalf of
all others similarly situated, Plaintiffs, v. YAHOO! INC.,
Defendant, Case No. 5:16-cv-05609, (N.D. Cal., October 3, 2016),
demands damages, reasonable litigation expenses and attorneys'
fees, pre- and post-judgment interest and such other and further
relief resulting from gross negligence, bailment, breach of
implied/express contract, violation of Colorado Consumer
Protection Act, Maryland Consumer Protection Act, Texas Deceptive
Trade Practices Act, California's Unfair Competition Law,
California's Customer Records Act and New Jersey Consumer Fraud
Act.
Yahoo is a leading Internet company that provides Internet-based
services to hundreds of millions of users on a regular and
consistent basis.
On September 22, 2016, Yahoo! experienced a data breach thereby
exposing sensitive personal information about its users, including
the users' names, email addresses, telephone numbers, birth dates,
passwords and security questions linked to a users' account.
Plaintiff is represented by:
Shawn A. Williams, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: (415) 288-4545
Fax: (415) 288-4534
Email: shawnw@rgrdlaw.com
- and -
Paul J. Geller, Esq.
Stuart A. Davidson, Esq.
Jason H. Alperstein, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
120 East Palmetto Park Road, Suite 500
Boca Raton, FL 33432
Telephone: (561) 750-3000
Fax: (561) 750-3364
Email: pgeller@rgrdlaw.com
sdavidson@rgrdlaw.com
jalperstein@rgrdlaw.com
- and -
Joel H. Bernstein, Esq.
Corban S. Rhodes, Esq.
Ross M. Kamhi, Esq.
LABATON SUCHAROW LLP
140 Broadway, 34th Floor
New York, NY 10005
Tel: (212) 907-0700
Fax: (212) 818-0477
Email: jbernstein@labaton.com
crhodes@labaton.com
rkamhi@labaton.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
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Copyright 2016. All rights reserved. ISSN 1525-2272.
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