/raid1/www/Hosts/bankrupt/CAR_Public/170109.mbx
C L A S S A C T I O N R E P O R T E R
Monday, January 9, 2017, Vol. 19, No. 6
Headlines
ACCURATE COMMUNICATION: "Cremers" Suit Invokes FLSA, Minn. Law
ACTAVIS ELIZABETH: FWK Files Suit Over Propranolol Price-Fixing
ACTAVIS HOLDCO: Faces Suit in NY for Over-Pricing of Fluocinonide
ACTAVIS HOLDCO: Rochester Drug Files Suit Over Pravastatin Prices
ADEPTUS HEALTH: Laborers' Local Alleges Securities Act Violations
AMERICAN MEDICAL: Caldera Seeks Certification of Class Under TCPA
AMERICAN MIDWAY: Fails to Pay Employees OT, "Smith" Suit Says
AMR STAFFING: "Smith" Suit Seeks Damages Under Labor Code
ANGELS OF THE WORLD: N.Y. Suit Seeks to Recover Unpaid Wages
ARTISAN SCREEN: "Ibarra" Suit Seeks Earned Wages Under Labor Code
BALFOUR BEATTY: "Herrera" Lawsuit Alleges Failure to Pay Wages
BANKERS TRUST: Faces "Innis" Lawsuit Alleging ERISA Violations
BENTZYS CONSTRUCTION: "Sanchez" Suit Seeks to Recover Unpaid OT
BRAND SCAFFOLD: Faces "Bernal" Suit Over Failure to Pay Overtime
BRICCO RESTAURANT: "Camas" Sues for Overtime, Lack of Pay Stubs
BRINDERSON CONSTRUCTORS: "Tate" Suit Removed to C.D. California
BROCADE COMMUNICATIONS: Onerous Merger Deal Hit in "Bragan" Action
CALPORTLAND: Does Not Properly Pay Workers, "Menchaca" Suit Says
CAREGIVERS FOR INDEPENDENCE: Lee Moves to Certify Workers Class
CAVALRY PORTFOLIO: Illegally Collects Debt, "Herrera" Suit Says
CCB CREDIT: Court Certifies N.J. Consumers Class in "Chung" Suit
CREVE COEUR: Unpaid Overtime Claimed in "Anderson" Labor Suit
CWL INVESTMENTS: Faces "Ruder" Suit Over Failure to Pay Overtime
DGD TRANSPORT: Fails to Pay Employees Overtime, Action Claims
DOUGH BOY FRESH: "Brandenburg" Suit Seeks Overtime Pay
ECLINICAL WORKS: Has Made Unsolicited Calls, Licari Suit Claims
ENTERPRISE TITLE: "Wilson" Suit Seeks to Recover Unpaid OT Wages
ES MEDICAL: Mussat's Bid to Certify Granted; Hearing on Jan. 11
ETERNITY FLOORS: Sued in Cal. Super. Ct. Over Laminate Flooring
FLEETONE LLC: Swinter Group Seeks Class Certification Under TCPA
FOUGERA PHARMACEUTICALS: Sued Over Fluocinonide Price-Fixing
FOUGERA PHARMACEUTICALS: FWK Sues Over Overpriced Clobetasol
GENERAL NUTRITION: Faces "Harrison" Suit Over "False" Advertising
GILEAD GROUP: Overtime Pay Claimed in "Adams" Labor Suit
HARMAN INTERNATIONAL: Board Faces "Nampally" Suit Over Merger
HARMLESS HARVEST: "Guoliang" Suit Alleges False Ad of Coco Water
HOME HEALTH: "Goodwin" Suit Seeks Unpaid OT Pay Under Wage Act
INTERNATIONAL GRILL: Does Not Properly Employees, Action Claims
INTERSTATE HOTELS: Sued Over Failure to Provide Meal Break
JENNINGS ROAD: Fails to Pay Overtime Wages, "Dupuis" Suit Claims
KEANE GROUP: Faces "Hickson" Suit Under FLSA, Pa. Min. Wage Act
KLOCHKO EQUIPMENT: Vinny's Placeholder Cert. Bid Found Moot
LABORATORY CORP: "Gonzales" Suit Alleges Cal. Wage Law Violations
LANNETT COMPANY: Suit Alleges Levothyroxine Sodium Price-Fixing
LANNETT CO: FWK Holdings Sues Over Levothyroxine Price-Fixing
LINCOLN NATIONAL: Insurance Premium Hike Hit in "Bharwani" Suit
LOCAL AT VILLANOVA: Faces "Walsh" Suit Over Improper Wages
MCDONALD'S CORPORATION: Faces "Killeen" Suit Over Value Meal
MECHEL BLUESTONE: Jordan Seeks to Enforce Mediation Agreement
MIDWAY ISLAND: "Dean" Suit Claims Misclassification, Seeks Wages
MMPB GROUP: Banegas Moves to Certify Class of Villa Azur Workers
MOLINA HEALTHCARE: Overtime Pay Sought in "Brown" Labor Suit
NASSAU, NY: Fails to Pay AMTs OT Wages, "Gurrieri" Suit Claims
NEA-BBQ LLC: Faces "Flowers" Lawsuit Seeking Unpaid Wages
NEW YORK: Johnston, et al. Sue NYCHA Over FLSA Violations
NEW YORK, NY: "Henry" Lawsuit Alleges Violations of FLSA
OCWEN LOAN: Certification of FCCPA Class Sought in "Fegadel" Suit
PAREXEL INTERNATIONAL: Faces "Cones" Suit Under FLSA, Labor Laws
PAUL MICHAEL: Accused of Wrongful Conduct Over Debt Collection
PESCATLANTIC GROUP: "Pineda" Class Suit Removed to S.D. Florida
PHD HOLDING: Illegally Retains Workers Gratuities, Suit Claims
PIE TWO SPEEDWAY: "Friend" Suit Seeks Unpaid Overtime Wages
RENT-A-CENTER: Faces "Hall" Suit Over Securities Act Violations
ROADRUNNER INTERMODAL: "Rich" Labor Lawsuit Sent to E.D. Calif.
SDS INDUSTRIES: Sued Over Failure to Pay Minimum & Overtime Wages
SPRINT CORP: "Tharpe" Sues Over Missed Breaks, Reimbursement
SQUARETRADE INC: Faces "Starke" Class Suit in E.D. New York
SSC SERVICE: "Cerrato" Action Seeks Overtime Pay
STARBUCKS CORP: Overtime Pay Sought in "Carrington" Labor Suit
STYMCO TECHNOLGIES: Has Made Unsolicited Calls, Medical Suit Says
SYNUTRA INTERNATIONAL: "Roth" Sues Over Beams Merger Deal
T.SYSTEMS INC: "Pearson" Suit Seeks to Recover Unpaid Wages
TASTEE KREME: Aguirre Seeks to Certify Class of Delivery Drivers
TELIGENT INC: FWK Holdings Alleges Econazole Price-Fixing
TEMPLE TERRACE, FL: Lea Family Class Suit Removed to M.D. Florida
TOKAI PHARMACEUTICALS: "Wu" Suit Removed to Mass. Dist. Ct.
TRANSMERIT MERCHANT: Doesn't Properly Pay Workers, Action Claims
TYSON FOODS: "Huser" Securities Suit Transferred to W.D. Ark.
ULTIMATE SERVICES: Makhmudova Seeks Unpaid Wages Under Labor Law
UNIVERSAL HEALTH: Faces "Heed" Securities Suit Over Disclosures
UPM INC: "Banegas" Suit Seeks Unpaid Wages Under Labor Code
WINFIELD MURDOCK: "Blanford" Suit to Recover Minimum, Overtime Pay
WYNDHAM WORLDWIDE: Faces "Foutz" Suit Alleging FLSA Violations
YAHOO! INC: Faces "Johnson" Suit Over August 2013 Data Breach
YAHOO INC: "Filares" Class Suit Consolidated in MDL 2752
ZAPPOROO LLC: Faces "Durden" Lawsuit Seeking OT Pay Under FLSA
*********
ACCURATE COMMUNICATION: "Cremers" Suit Invokes FLSA, Minn. Law
--------------------------------------------------------------
Jeff Cremers, on behalf of himself and all others similarly
situated and the proposed Minnesota Rule 23 Class, Plaintiff, v.
Accurate Communication Solutions, Inc., Troy Detmar, individually,
and Marshall Hood, individually, Defendants, Case Case No. 0:16-
cv-04338-RHK-LIB (D. Minn., December 22, 2016), alleges that
Defendants committed a systematic failure to pay their
installation technicians (i.e. "installers" or "technicians")
overtime pay in accordance with the Fair Labor Standards Act and
Minnesota State law.
Defendant Accurate Communication Solutions, Inc. is in the
business of television satellite installation.
The Plaintiff is represented by:
Adam W. Hansen, Esq.
APOLLO LAW, LLC
400 South 4th Street, Suite 401M - 250
Minneapolis, MN 55415
Phone: (612) 927-2969
Fax: (419) 793-1804
E-mail: adam@apollo-law.com
ACTAVIS ELIZABETH: FWK Files Suit Over Propranolol Price-Fixing
---------------------------------------------------------------
FWK Holdings, L.L.C., on behalf of itself and all others similarly
situated, Plaintiff, v. ACTAVIS ELIZABETH, LLC, TEVA
PHARMACEUTICALS USA, INC., PLIVA, INC., MYLAN INC., MYLAN
PHARMACEUTICALS INC., UDL LABORATORIES, INC., ENDO INTERNATIONAL
PLC; PAR PHARMACEUTICALS HOLDINGS, INC., HERITAGE PHARMACEUTICALS
INC., BRECKENRIDGE PHARMACEUTICALS, INC., and UPSHER-SMITH
LABORATORIES, INC., Defendants, Case No. 1:16-cv-09901 (S.D.N.Y.,
December 23, 2016), is a civil antitrust action seeking treble
damages arising out of the Defendants' alleged unlawful scheme to
fix, maintain, and stabilize the prices of generic propranolol
tablets and capsules.
Actavis Elizabeth, LLC develops and distributes generic
pharmaceutical products in the United States.
The Plaintiff is represented by:
Robert N. Kaplan, Esq.
Richard J. Kilsheimer, Esq.
Jeffrey P. Campisi, Esq.
Joshua Saltzman, Esq.
KAPLAN FOX & KILSHEIMER LLP
850 Third Avenue, 14th Floor
New York, NY 10022
Phone: 212-687-1980
Fax: 212-687-7714
E-mail: rkaplan@kaplanfox.com
rkilsheimer@kaplanfox.com
jcampisi@kaplanfox.com
jsaltzman@kaplanfox.com
- and -
Thomas M. Sobol, Esq.
David S. Nalven, Esq.
Lauren Guth Barnes, Esq.
Kiersten Taylor, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
55 Cambridge Parkway, Suite 301
Cambridge, MA 0214 2
Phone: 617-482-3700
Fax: 617-482-3003
E-mail: tom@hbsslaw.com
davidn@hbsslaw.com
lauren@hbsslaw.com
kiersten@hbsslaw.com
- and -
Joseph M. Vanek, Esq.
David P. Germaine, Esq.
VANEK, VICKERS & MASINI P.C.
55 W. Monroe, Suite 3500
Chicago, IL 60603
Phone: 312-224-1500
Fax: 312-224-1510
E-mail: Jvanek@vaneklaw.com
E-mail: Dgermaine@vaneklaw.com
ACTAVIS HOLDCO: Faces Suit in NY for Over-Pricing of Fluocinonide
-----------------------------------------------------------------
UFCW Local 1500 Welfare Fund, on behalf of itself and all others
similarly situated v. Actavis Holdco U.S., Inc., Fougera
Pharmaceuticals Inc., Sandoz, Inc., Teva Pharmaceuticals USA Inc.,
and Taro Pharmaceuticals U.S.A., Inc., Case No. 1:16-cv-09792
(S.D.N.Y., December 19, 2016), arises from the Defendants' and
others' alleged unlawful combination, agreement and conspiracy to
raise the prices of and allocate markets and customers for
fluocinonide topical cream (0.05%), cream with emulsified base
(0.05%), gel (0.05%), and ointment (0.05%) products in the United
States.
Fluocinonide is a commonly prescribed medication used to treat
skin conditions such as dermatitis and psoriasis.
The Defendants manufacture, market, and sell generic drug products
throughout the United States.
The Plaintiff is represented by:
Gregory S. Asciolla, Esq.
Jay L. Himes, Esq.
Karin E. Garvey, Esq.
Domenico Minerva, Esq.
Robin A. Van Der Meulen, Esq.
Matthew J. Perez, Esq.
Rudi Julius, Esq.
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
Facsimile: (212) 818-0477
E-mail: gasciolla@labaton.com
jhimes@labaton.com
kgarvey@labaton.com
dminerva@labaton.com
mperez@labaton.com
rjulius@labaton.com
- and -
Roberta D. Liebenberg, Esq.
Paul Costa, Esq.
Adam J. Pessin, Esq.
FINE, KAPLAN AND BLACK, R.P.C.
One South Broad Street, Suite 2300
Philadelphia, PA 19107
Telephone: (215) 567-6565
Facsimile: (215) 568-5872
E-mail: rliebenberg@finekaplan.com
pcosta@finekaplan.com
apessin@finekaplan.com
ACTAVIS HOLDCO: Rochester Drug Files Suit Over Pravastatin Prices
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ROCHESTER DRUG CO-OPERATIVE, INC., on behalf of itself and all
others similarly situated, Plaintiff, v. ACTAVIS HOLDCO U.S.,
INC.; APOTEX CORP.; DR. REDDY'S LABORATORIES, INC.; GLENMARK
PHARMACEUTICALS INC., USA; LUPIN PHARMACEUTICALS, INC.; MYLAN
INC.; MYLAN PHARMACEUTICALS INC.; TEVA PHARMACEUTICALS USA, INC.;
and ZYDUS PHARMACEUTICALS (USA) INC., Defendants, Case No. 2:16-
cv-06644-CMR (E.D. Pa., December 27, 2016), concerns an alleged
anticompetitive conspiracy among Defendants to raise, fix, and
maintain prices, allocate markets, and/or rig bids for generic
pravastatin.
The Defendants are pharmaceutical companies.
The Plaintiff is represented by:
Dianne M. Nast, Esq.
Erin C. Burns, Esq.
NASTLAW LLC
1101 Market Street, Suite 2801
Philadelphia, PA 19107
Phone: 215-923-9300
Fax: 215-923-9302
E-mail: dnast@nastlaw.com
eburns@nastlaw.com
- and -
David F. Sorensen, Esq.
Nick Urban, Esq.
Zachary D. Caplan, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Phone: (215) 875-3000
Fax: (215) 875-4604
E-mail: dsorensen@bm.net
nurban@bm.net
zcaplan@bm.net
- and -
Peter Kohn, Esq.
Joseph T. Lukens, Esq.
FARUQI & FARUQI, LLP
101 Greenwood Avenue, Suite 600
Jenkintown, PA 19046
Phone: (215) 277-5770
Fax: (215) 277-5771
E-mail: pkohn@faruqilaw.com
jlukens@faruqilaw.com
- and -
Barry S. Taus, Esq.
Kevin Landau, Esq.
Archana Tamoshunas, Esq.
TAUS, CEBULASH & LANDAU, LLP
80 Maiden Lane, Suite 1204
New York, NY 10038
Phone: (212) 931-0704
E-mail: btaus@tcllaw.com
klandau@tcllaw.com
atamoshunas@tcllaw.com
ADEPTUS HEALTH: Laborers' Local Alleges Securities Act Violations
-----------------------------------------------------------------
Laborers' Local 235 Benefit Funds, Individually and On Behalf of
All Others Similarly Situated, Plaintiff, vs. Adeptus Health Inc.,
Thomas S. Hall, Timothy L. Fielding, Richard Covert, Daniel W.
Rosenberg, Gregory W. Scott, Ronald L. Taylor, Jeffery S. Vender,
Steven V. Napolitano, Daniel J. Hosler, Stephen M. Mengert,
Sterling Partners, Goldman, Sachs & Co., Merrill Lynch, Pierce,
Fenner & Smith Incorporated, Evercore Group L.L.C., Morgan Stanley
& Co. LLC, Piper Jaffray & Co., RBC Capital Markets LLC, Dougherty
& Company LLC, Deutsche Bank Securities Inc., and BMO Capital
Markets Corp., Defendants, Case No. 6:16-cv-01391-RWS (E.D. Tex.,
December 22, 2016), alleges that certain defendants engaged in a
fraudulent scheme to artificially inflate the Company's stock
price in violation of the U.S. Securities and Exchange Act.
Adeptus Health Inc. -- http://adhc.com/-- is a patient-centered
healthcare organization.
The Plaintiff is represented by:
Shorty C. Barrett, Esq.
611 Pecan Street, 71854
Texarkana, AK
Phone: (870) 772-2070
Fax: (870) 772-2074
- and -
Joseph E. White, III, Esq.
Lester R. Hooker, Esq.
SAXENA WHITE P.A.
5200 Town Center Circle, Suite 601
Boca Raton, FL 33486
Phone: (561) 394-3399
Fax: (866) 290-1291
Email: jwhite@saxenawhite.com
Email: lhooker@saxenawhite.com
AMERICAN MEDICAL: Caldera Seeks Certification of Class Under TCPA
-----------------------------------------------------------------
The Plaintiff in the lawsuit captioned ARMANDO CALDERA,
individually and on behalf of all others similarly situated v.
AMERICAN MEDICAL COLLECTION AGENCY, a.k.a. RETRIEVAL-MASTERS
CREDITORS BUREAU, INC., Case No. 2:16-cv-00381-CBM-AJW (C.D.
Cal.), move the Court for an order granting his motion for class
certification concerning alleged violations of the Telephone
Consumer Protection Act.
Mr. Caldera asks the Court to certify a TCPA Class consisting of:
All persons within the United States who had or have a
number assigned to a cellular telephone service, who
received at least one call using either the Genesis Desktop
dialing system or the Aspect 6.5.1 dialing system, from
Defendant or its agent between January 1, 2014 and
January 1, 2015 for debt collection purposes, who received
such a call where Defendant's customer account records
indicate that prior to any such calls that Defendant
employed a skip trace to locate the phone number it
contacted, as identified by Defendant's electronic customer
account records by the language "WFBP" or "Created
skiptrace."
Mr. Caldera also asks the Court to appoint him as Class
Representatives, and to appoint his attorneys as Class Counsel.
The Court will commence a hearing on January 31, 2017, at 10:00
a.m., to consider the Motion.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=eWwirgft
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
Andrei Armas, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
E-mail: ak@kazlg.com
andrei@kazlg.com
- and -
Joshua B. Swigart, Esq.
HYDE & SWIGART
2221 Camino Del Rio South, Suite 101
San Diego, CA 92108
Telephone: (602) 265-3332
Facsimile: (602) 230-4482
E-mail: josh@westcoastlitigation.com
- and -
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
Thomas E. Wheeler, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St, Suite 780
Woodland Hills, CA 90212
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
E-mail: tfriedman@toddflaw.com
abacon@toddflaw.com
twheeler@toddflaw.com
AMERICAN MIDWAY: Fails to Pay Employees OT, "Smith" Suit Says
-------------------------------------------------------------
Patrick Smith, Brenna Smith, Jeremiah Jones, Sierra Holcomb,
Michael Galvin, Joseph Dawson, Andries Van Der Walt, Annette
Stiles, Robert Hulett, Yvon Hanekom, and Lauren Hanekom,
individually and on behalf of others similarly situated v.
American Midway Entertainment-Astro Amusement, Inc., Case No.
2016CH16543 (Ill. Cir. Ct., December 22, 2016), is brought against
the Defendants for failure to pay overtime wages for work in
excess of 40 hours per week.
The Defendants own and operate a traveling carnival company that
provides food, rides, and games for carnivals and fairs.
The Plaintiff is represented by:
Matthew J. Piers, Esq.
Christopher J. Wilmes, Esq.
Charlie Wysong, Esq.
HUGHES SOCOL PIERS RESNICK & DYM, LTD.
Three First National Plaza
70 West Madison Street, Suite 4000
Chicago, IL 60602
Telephone: (312) 580-0100
E-mail: mpiers@hsplegal.com
cwilmes@hsplegal.com
cwysong@hsplegal.com
AMR STAFFING: "Smith" Suit Seeks Damages Under Labor Code
---------------------------------------------------------
JOSEPH SMITH, an individual, individually and on behalf of himself
and on behalf of others similarly situated, the Plaintiff, v. AMR
STAFFING, INC., a California Corporation; and DOES 1 through 53
inclusive, the Defendant, Case No. BC644678 (Cal. Super. Ct., Dec.
21, 2016), seeks damages and injunctive relief from Defendant's
Labor Code violations.
Plaintiff was hired as a reach operator, which meant he was
responsible for driving a forklift and was responsible for moving
National's merchandise throughout the distribution center. Up
until October 20, 2016, Plaintiff remained an employee of
Defendant AMR. National hired Plaintiff on a full time basis on
October 21, 2016. Despite now being an employee of National,
Plaintiff's duties have not changed.
When Plaintiff was placed with National by Defendant, he was told
that the position required that he work approximately 8 hours per
day. In reality, Plaintiff averaged working at least 60 hours per
week. Plaintiff contends that every other day he works at least 10
hours and on Fridays he works approximately 12 hour days.
Plaintiff has worked as many as 22 days straight without a day
off. Defendant has a policy that they do not pay their employees
double time for work over 12 hours per day or 60 hours per week.
AMR is a full service staffing agency that specializes in both
finding the right employees for their employer clients as well as
finding temporary to permanent employment positions for
individuals looking for employment.
The Plaintiff is represented by:
Michael Crosner, Esq.
Zachary Miles Crosner, Esq.
CROSNER LEGAL P.C.
433 N. Camden Drive, Suite 400
Beverly Hills, CA 90210
Telephone: (310) 496 5818
Facsimile: (310) 510 6429
ANGELS OF THE WORLD: N.Y. Suit Seeks to Recover Unpaid Wages
------------------------------------------------------------
Princess Peters, individually and on behalf of others similarly
situated v. Angels of The World, Inc. d/b/a Club Angels, George
Stoupas, Case No. 610091/2016 (N.Y. Sup. Ct., December 22, 2016),
seeks to recover unpaid minimum wages, illegally retained tips,
and improperly withheld wages pursuant to the New York Labor Law.
The Defendants own and operate a restaurant located at 32-17
College Point Blvd., Flushing, NY 11354.
The Plaintiff is represented by:
Laura R. Reznick, Esq.
Jeffrey K. Brown, Esq.
Michael A. Tompkins, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
ARTISAN SCREEN: "Ibarra" Suit Seeks Earned Wages Under Labor Code
-----------------------------------------------------------------
LUIS IBARRA individually and on behalf of others similarly
situated and aggrieved, the Plaintiff, v. ARTISAN SCREEN PRINTING,
INC., a California corporation; VASANT DOBARIA an individual;
PRAFUL BAJARIA an individual; C.P. KHENI an individual; and DOES
1-50, inclusive, the Defendants, Case No. BC644708 (Cal. Super.
Ct., Dec. 21, 2016), seeks all wages earned and due, plus
interest, and all available statutory penalties, including, but
not limited to, civil penalties pursuant to California Labor Code.
According to the complaint, the Defendants have policies and
practices of not paying Plaintiff and Class Members all wages
earned and due, through methods and schemes which include, but are
not limited to, failing to pay minimum wages, overtime premiums;
failing to provide rest and meal periods; failing to properly
maintain records; failing to provide accurate itemized statements
for each pay period; failing to properly compensate Plaintiff and
Class Members for necessary expenditures; and requiring,
permitting or suffering the employees to work off the clock, in
violation of the California Labor Code and the applicable Welfare
Commission IWC Wage Orders.
Artisan Screen Prints offers a full range of screen-printing
services and only screen-printing services.
The Plaintiff is represented by:
Matthew J. Matem, Esq.
Joshua D. Boxer, Esq.
Roy K. Suh, Esq.
MATERN LAW GROUP, PC
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
Telephone: (310) 531 1900
Facsimile: (310) 531 1901
BALFOUR BEATTY: "Herrera" Lawsuit Alleges Failure to Pay Wages
--------------------------------------------------------------
JUAN HERRERA, on behalf of himself and similarly situated
employees, Plaintiff, v. BALFOUR BEATTY INFRASTRUCTURE, INC.,
Defendant, Case No. 1:16-cv-02549-SHR (M.D. Pa., December 27,
2016), was brought for Defendant's alleged failure to pay any
compensation, including overtime premium compensation, under the
Fair Labor Standards Act.
Defendant operates a Balfour Beatty Rail Division that provides
construction and maintenance services for railroads throughout the
United States.
The Plaintiff is represented by:
Peter Winebrake, Esq.
R. Andrew Santillo, Esq.
Mark J. Gottesfeld, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
BANKERS TRUST: Faces "Innis" Lawsuit Alleging ERISA Violations
--------------------------------------------------------------
DEBORAH INNIS, on behalf of the Telligen, Inc. Employee Stock
Ownership Plan, and on behalf of a class of all other persons
similarly situated, Plaintiff, v. BANKERS TRUST COMPANY OF
SOUTH DAKOTA, a South Dakota Corporation, Defendant, Case No.
4:16-cv-00650-RGE-SBJ (S.D. Iowa, December 27, 2016), was
brought under the Employee Retirement Income Security Act to seek
redress for losses suffered by the Telligen, Inc. Employee Stock
Ownership Plan, and other relief, caused by Bankers Trust Company
of South Dakota when it authorized the Plan to buy shares of
Telligen in 2013 for more than fair market value.
Bankers Trust Company of South Dakota is a privately owned
investment manager.
The Plaintiff is represented by:
Brad J. Brady, Esq.
BRADY PRESTON BROWN PC
2735 First Avenue SE
Cedar Rapids, IA 52402
Phone: (319) 866-9277
Fax: (319) 866-9280
E-mail: bbrady@bradyprestonbrown.com
- and -
Gregory Y. Porter, Esq.
Ryan T. Jenny, Esq.
Patrick O. Muench, Esq.
BAILEY & GLASSER LLP
1054 31st Street, NW, Suite 230
Washington, DC 20007
Phone: (202) 463-2101
Fax: (202) 463-2103
E-mail: gporter@baileyglasser.com
rjenny@baileyglasser.com
BENTZYS CONSTRUCTION: "Sanchez" Suit Seeks to Recover Unpaid OT
---------------------------------------------------------------
Jose Sanchez, individually and on behalf of all others similarly
situated v. Bentzys Construction, Inc., BMWW Construction, Inc.,
Bentzion Werzberger, and Mendel Werzberger, Case No. 1:16-cv-07072
(E.D.N.Y., December 22, 2016), seeks to recover overtime
compensation and other damages pursuant to the Fair Labor
Standards Act.
The Defendants own and operate a commercial and residential
roofing and waterproofing company located at 884 McDonald Ave.,
Brooklyn, New York 11218.
The Plaintiff is represented by:
Brian S. Schaffer, Esq.
Nicholas P. Melito, Esq.
FITAPELLI & SCHAFFER, LLP
28 Liberty Street, 30th Floor
New York, NY 10005
Telephone: (212) 300-0375
BRAND SCAFFOLD: Faces "Bernal" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Ramiro Bernal, on behalf of himself and all others similarly
situated, and on behalf of the general public v. Brand Scaffold
Services, Inc., and Does 1 through 10, inclusive, Case No.
BC644771 (Cal. Super. Ct., December 22, 2016), is brought against
the Defendants for failure to pay overtime wages in violation of
the California Labor Code.
Brand Scaffold Services, Inc. provides specialty services to the
global energy, industrial, and infrastructure markets.
The Plaintiff is represented by:
Roman Otkupman, Esq.
Rita Leong, Esq.
OTKUPMAN LAW FIRM
21800 Oxnard Street, Suite 1160
Woodland Hills, CA 91367
Telephone: (818) 293-5623
Facsimile: (888) 850-1310
E-mail: Roman@OLFLA.com
Rila@OLFLA.com
BRICCO RESTAURANT: "Camas" Sues for Overtime, Lack of Pay Stubs
---------------------------------------------------------------
Luis Camas, individually and on behalf of all others similarly
situated, Plaintiff, v. Bricco Restaurant Corp. and Nino Catuogno,
Defendants, Case No. 1:16-cv-09914, (S.D. N.Y., December 23,
2016), seeks unpaid minimum wage, unpaid overtime, liquidated
damages, reasonable attorneys' fees and costs and all other
appropriate legal and equitable relief pursuant to the Fair Labor
Standards Act and New York Labor Laws.
Plaintiff worked as a busser in Defendant's Italian restaurant
located at 304 W 56th St., Net York NY 10019, managed by Nino
Catuogno. He claims to have been denied overtime pay and accurate
pay stubs.
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
BRINDERSON CONSTRUCTORS: "Tate" Suit Removed to C.D. California
---------------------------------------------------------------
The class action lawsuit styled Vivian Tate, on behalf of herself,
and all others similarly situated v. Brinderson Constructors Inc.,
ConocoPhillips Company, Tesoro Refining & Marketing Company LLC,
and ExxonMobil Oil Corporation, Case No. 3:16-cv-04314, was
removed from the Northern District of California-San Francisco to
the U.S. District Court for the Central District Of California
(Western Division - Los Angeles). The Central District Court Clerk
assigned Case No. 2:16-cv-09451-FMO-RAO to the proceeding.
The case alleges violation of the Fair Labor Standards Act.
The Defendants own and operate a construction company located at
6400 Goodyear Rd, Benicia, CA 94510.
The Plaintiff is represented by:
Chaim Shaun Setareh, Esq.
Thomas Alistair Segal, Esq.
SETAREH LAW GROUP
9454 Wilshire Boulevard, Suite 907
Beverly Hills, CA 90212-2937
Telephone: (310) 888-7771
Facsimile: (310) 888-0109
E-mail: chaim@setarehlaw.com
thomas@setarehlaw.com
The Defendant is represented by:
Lisa M. Bertain, Esq.
Nathan Randall Jaskowiak, Esq.
KEESAL YOUNG AND LOGAN
450 Pacific Avenue
San Francisco, CA 94133
Telephone: (415) 398-6000
Facsimile: (415) 981-0136
E-mail: lisa.bertain@kyl.com
nathan.jaskowiak@kyl.com
BROCADE COMMUNICATIONS: Onerous Merger Deal Hit in "Bragan" Action
--------------------------------------------------------
Douglas Bragan, Individually and on behalf of all others similarly
situated, Plaintiff, v. Brocade Communications Systems, Inc., Judy
Bruner, Lloyd A. Carney., Renato A. Dipentima, Alan L. Earhart,
John W. Gerdelman, Kim C. Goodman, David L. House, L. William
Krause, David E. Roberson, Sanjay Vaswani, Broadcom Limited,
Broadcom Corporation and Bobcat Merger Sub, Inc., Defendants, Case
No. 4:16-cv-07271 (N.D. Fla., December 20, 2016), seeks to enjoin
a merger and recover damages resulting from the individual
defendants' violations of their fiduciary duties and the
Securities and exchange Act of 1934.
Brocade is a supplier of networking hardware, software, and
services, including Storage Area Networking solutions and Internet
Protocol Networking solutions, for businesses and organizations of
various types and sizes.
Brocade's Board of Directors entered into an agreement and plan of
merger with Broadcom where shareholders of Brocade will receive
$12.75 in cash for each share of Brocade common stock owned. The
deal allegedly was one-sided in favor of Broadcom and eliminated
all other possibilities of better offers.
The Plaintiff is represented by:
Evan J. Smith, Esq.
BRODSKI & SMITH, LLC
9595 Wilshire Blvd., Suite 900
Beverly Hills CA
Telephone: (877) 834-2590
- and -
Daniel Kuznicki
BROWER PIVEN
475 Park Ave. South, 33rd Floor
New York, NY
Tel: (212) 501-9000
CALPORTLAND: Does Not Properly Pay Workers, "Menchaca" Suit Says
----------------------------------------------------------------
Luis Menchaca, an individual, on behalf of himself and all others
similarly situated v. Calportland Company and Does 1 through 50,
inclusive, Case No. BC644329 (Cal. Super. Ct., December 19, 2016),
is brought against the Defendants for failure to pay minimum and
overtime wages pursuant to the California Labor Code.
Calportland Company manufactures and distributes construction
supplies and building materials.
The Plaintiff is represented by:
David Yeremian, Esq.
Enoch J. Kim, Esq.
DAVID YEREMIAN & ASSOCIATES, INC.
535 N. Brand Blvd., Suite 705
Glendale, CA 91203
Telephone: (818) 230-8380
Facsimile: (818) 230-0308
E-mail: david@yeremianlaw.com
enoch@yeremianlaw.com
CAREGIVERS FOR INDEPENDENCE: Lee Moves to Certify Workers Class
---------------------------------------------------------------
The Plaintiff in the case captioned titled BOBBI LEE, individually
and on behalf of all others similarly situated v. CAREGIVERS FOR
INDEPENDENCE, LLC, et al., Case No. 1:16-cv-00946-MRB (S.D. Ohio),
moves the Court to conditionally certify the case as a Fair Labor
Standards Act collective action and to approve notice.
The proposed class is defined to include:
All current and former group healthcare workers employed by
Caregivers for Independence, LLC, James Couch, Phyllis "Sue"
Couch and James Couch, II, and/or any of its or their
affiliated entities who were not paid overtime for all hours
worked over 40 in a work week since September 23, 2013.
Bobbi Lee and other similarly situated employees (FLSA Collective
Members) were employed by the Defendants -- Caregivers for
Independence, LLC, James Couch, Phyllis "Sue" Couch, and James
Couch, II -- as healthcare workers to provide care for elderly,
ill or disabled clients in group homes owned or operated by the
Defendants. The lawsuit challenges the Defendants' alleged common
policy of not paying healthcare workers overtime for all hours
over 40 worked in a workweek.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=3fbnTBhB
The Plaintiff is represented by:
Andrew Kimble, Esq.
KIMBLE LAW
165 Old Henderson Road
Columbus, OH 43220
Telephone: (614) 983-0361
Facsimile: (614) 448-9408
E-mail: andrew@kimblelawoffice.com
- and -
Philip Bohrer, Esq.
Scott E. Brady, Esq.
BOHRER BRADY LLC
8712 Jefferson Highway, Suite B
Baton Rouge, LA 70809
Telephone: (225) 925-5297
Facsimile: (225) 231-7000
E-mail: Phil@bohrerbrady.com
Scott@bohrerbrady.com
CAVALRY PORTFOLIO: Illegally Collects Debt, "Herrera" Suit Says
---------------------------------------------------------------
Erwin W. Herrera, on behalf of himself and all others similarly
situated v. Cavalry Portfolio Services, LLC, Case No. 2:16-cv-
07019 (E.D.N.Y., December 21, 2016), seeks to stop the Defendant's
unfair and unconscionable means to collect a debt.
Cavalry Portfolio Services, LLC operates a debt collection firm
based in Valhalla, New York.
Erwin W. Herrera is a pro se plaintiff.
CCB CREDIT: Court Certifies N.J. Consumers Class in "Chung" Suit
----------------------------------------------------------------
The Hon. Kevin McNulty certifies the action styled HYUN SOON
CHUNG, on behalf of herself and those similarly situated v. CCB
CREDIT SERVICES, INC.; and JOHN DOES 1 to 10, Case No. 2:15-cv-
05198-KM-MAH (D.N.J.), as a class action. The "Settlement Class"
is defined as:
All Consumers who reside in the State of New Jersey to whom
CCB Credit Services, Inc. mailed a written communication
during the period beginning July 15, 2014, and ending
July 15, 2015, in an attempt to collect a debt on behalf of
First National Bank of Omaha, which were mailed in a
windowed envelope such that the file number or QR Code
containing the file number associated with the Debt was
visible from the outside of the envelope.
Judge McNulty appoints the Plaintiff as the Class Representative,
the Plaintiffs' counsel as Class Counsel, and Heffler Claims Group
as the Settlement Administrator to administer notice to the class
and the settlement.
The Court approves the Parties' proposed Class Notice and directs
that it be mailed to the last known address of each member of the
Settlement Class as shown in CCB's business records. The Class
Notice must be mailed by January 30, 2017.
Settlement Class Members will have until March 17, 2017, to
exclude themselves from, or object to, the proposed settlement.
To be effective, any request for exclusion or objection must be
postmarked by March 17.
A final hearing on the fairness and reasonableness of the
Agreement and whether final approval will be given to it and the
requests for fees and expenses by Class Counsel will be held on
March 17, 2017, at 10:00 a.m.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=8ZqxYjh6
The Plaintiff is represented by:
Andrew T. Thomasson, Esq.
Philip D. Stern, Esq.
STERN THOMASSON LLP
150 Morris Avenue, 2nd Floor
Springfield, NJ 07081-1329
Telephone: (973) 379-7500
Facsimile: (973) 532-5868
E-mail: andrew@sternthomasson.com
philip@sternthomasson.com
- and -
Yongmoon Kim, Esq.
KIM LAW FIRM LLC
411 Hackensack Avenue, Suite 200
Hackensack, NJ 07601
Telephone: (201) 273-7117
E-mail: ykim@kimlf.com
CREVE COEUR: Unpaid Overtime Claimed in "Anderson" Labor Suit
-------------------------------------------------------------
Toria Anderson and Wendy Medina, individually, and on behalf of
others similarly situated, Plaintiffs, v. Creve Coeur Urgent Care
LLC, Downtown Urgent Care LLC, Eureka Clinic LLC, North City
Urgent Care LLC, UCSL LLC, doing business as "St. Louis St. Louis
Urgent Cares," and Sonny Saggar, Defendants, Case No. 4:16-cv-
02136 (E.D. Mo., December 22, 2016), seeks declaratory relief and
unpaid minimum wages and overtime, liquidated damages, fees and
costs and any other remedies under the Fair Labor Standards Act
and the Missouri Minimum Wage Law.
Defendants have operated as a single integrated medical facility
doing business as "St. Louis Urgent Cares" where Toria Anderson
and Wendy Medina worked as Medical Assistants at Defendants'
facilities located at 916 Olive Street, St. Louis, Missouri 63101.
Irrespective of which medical facility they were working for
Plaintiffs reported to the same supervisors and managers,
including Sonny Saggar and Renita Barnes.
The Plaintiff is represented by:
Anthony M. Pezzani, Esq.
ENGELMEYER & PEZZANI, LLC
13321 N. Outer Forty Road, Suite 300
Chesterfield, MO 63017
Tel: (636) 532-9933
Fax: (314) 863-7793
Email: tony@epfirm.com
- and -
Jason T. Brown, Esq.
Nicholas Conlon, Esq.
JTB LAW GROUP, L.L.C.
155 2nd Street, Suite 4
Jersey City, NJ 07302
Phone: (877) 561-0000
Email: jtb@jtblawgroup.com
nicholasconlon@jtblawgroup.com
CWL INVESTMENTS: Faces "Ruder" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Jared Ruder, on behalf of himself and all others similarly
situated v. CWL Investments, LLC, Case No. 2:16-cv-04460-DGC (D.
Ariz., December 19, 2016), is brought against the Defendants for
failure to pay overtime wages in violation of the Fair Labor
Standards Act.
CWL Investments, LLC owns and operates Jimmy John's franchised
locations in Michigan.
The Plaintiff is represented by:
Nicholas J. Enoch, Esq.
Emily A. Tornabene, Esq.
Stanley Lubin, Esq.
LUBIN & ENOCH, P.C.
349 North Fourth Avenue
Phoenix, AR 85003
Telephone: (602) 234-0008
Facsimile: (602) 626-3586
E-mail: nick@lubinandenoch.com
- and -
Justin M. Swartz, Esq.
OUTTEN & GOLDEN LLP
3 Park Avenue, 29th Floor
New York, NY 10016
Telephone: (212) 245-1000
Facsimile: (212) 977-4005
E-mail: jms@outtengolden.com
- and -
Seth R. Lesser, Esq.
KLAFTER OLSEN & LESSER LLP
Two International Drive, Suite 350
Rye Brook, NY 10573
Telephone: (914) 934-9200
Facsimile: (914) 934-9220
E-mail: seth@klafterolsen.com
- and -
Drew Legando, Esq.
LANDSKRONER GRIECO MERRIMAN, LLC
1360 West 9th Street, Suite 200
Cleveland, OH 44113
Telephone: (216) 522-9000
Facsimile: (216) 522-9007
E-mail: drew@lgmlegal.com
DGD TRANSPORT: Fails to Pay Employees Overtime, Action Claims
-------------------------------------------------------------
Javier Rappard, on behalf of himself and others similarly
situated v. DGD Transport, L.L.C. and Luis Lopez, Case No. 1:16-
cv-25252-MGC (S.D. Fla., December 19, 2016), is brought against
the Defendants for failure to pay overtime wages for work in
excess of 40 hours per week.
The Defendants operate a 3PL entity that facilitates distribution
and fulfillment services on behalf of other companies in and out
of the State of Florida.
The Plaintiff is represented by:
Paul M. Botros, Esq.
MORGAN & MORGAN, P.A.
600 N. Pine Island Rd., Suite 400
Plantation, FL 33324
Telephone: (954) 318-0268
Facsimile: (954) 333-3517
E-mail: PBotros@forthepeople.com
DOUGH BOY FRESH: "Brandenburg" Suit Seeks Overtime Pay
------------------------------------------------------
Thomas Brandenburg, on behalf of himself and those similarly
situated, Plaintiff, v. Cousin Vinny's Pizza, LLC, CVP17, LLC,
Cousin Vinny's Pizzeria, L.L.C., Cousin Vinny's #9 LLC, Third Day
Pizzeria, LLC, R&M Pizzeria, LLC, CVP014 LLC, CVP 16 LLC, CVP18
LLC, CVP19 LLC, CVP DNC LLC, CVP Royality LLC, Dough Boy Fresh
LLC, CVP Dough LLC, CVP Dough 2, LLC, and Mo Rashad, Defendants,
Case No. 3:16-cv-00516 (S.D. Ohio., December 23, 2016), seeks
appropriate monetary, declaratory, and equitable relief based on
Defendants' willful failure to compensate Plaintiff and similarly-
situated individuals with minimum and overtime wages as required
by the Fair Labor Standards Act and the Ohio Minimum Fair Wage
Standards Act.
Defendants collectively operate seventeen Cousin Vinny's Pizza
restaurants as a single integrated enterprise primarily in the
Dayton, Ohio area, where Plaintiff worked at Defendants' Huber
Heights restaurant as a delivery driver. He claims to have been
denied mandated minimum wage for all hours worked and minimum
overtime rate for hours worked in excess of 40 per workweek.
Plaintiff is represented by:
Andrew Biller, Esq.
Eric Kmetz, Esq.
MARKOVITS, STOCK & DEMARCO, LLC
Easton Town Center
4200 Regent Street, Suite 200
Columbus, OH 43219
Tel: (614) 604-8759
Fax: (614) 583-8107
Email: abiller@msdlegal.com
ekmetz@msdlegal.com
- and -
Andrew Kimble, Esq.
KIMBLE LAW, LLC
1675 Old Henderson Road
Columbus, OH 43220
Tel: (614) 983-0361
Fax: (614) 448-9408
Email: andrew@kimblelawoffice.com
ECLINICAL WORKS: Has Made Unsolicited Calls, Licari Suit Claims
---------------------------------------------------------------
Licari Family Chiropractic Inc. and Peter Licari, individually and
as the representative of a class of similarly-situated persons v.
Eclinical Works, LLC, Eclinicaldirect, LLC, Eclinicalweb, LLC, and
John Does 1-10, Case No. 8:16-cv-03461-MSS-JSS (M.D. Fla.,
December 21, 2016), seeks to stop the Defendants' practice of
using an artificial and prerecorded voice to deliver a message
without prior express consent of the called party.
The Defendants own and operate a medical software solution company
in Florida.
The Plaintiff is represented by:
Ryan M. Kelly, Esq.
ANDERSON & WANCA
3701 Algonquin Rd., Suite 760
Rolling Meadows, IL 60008
Telephone: (847) 368-1500
Facsimile: (847) 368-1501
E-mail: rkelly@andersonwanca.com
ENTERPRISE TITLE: "Wilson" Suit Seeks to Recover Unpaid OT Wages
----------------------------------------------------------------
Dorinda Wilson, individually on behalf of itself and all others
similarly situated v. Enterprise Title, Inc. and Donna W. Straus,
Case No. 0:16-cv-62984-CMA (S.D. Fla., December 19, 2016), seeks
to recover unpaid overtime wages, unpaid commissions, and an
additional equal amount in liquidated damages pursuant to the Fair
Labor Standards Act.
The Defendants are engaged in the business of determining the
legitimacy of title for a real estate transaction, and providing
title insurance.
The Plaintiff is represented by:
Shawn L. Birken, Esq.
LAW OFFICES OF SHAWN L. BIRKEN, P.A.
100 SE 3rd Ave., Suite 1300
Fort Lauderdale, FL 33394
Telephone: (954) 990-4459
Facsimile: (954) 990-4469
E-mail: sbirken@birken-law.com
ES MEDICAL: Mussat's Bid to Certify Granted; Hearing on Jan. 11
---------------------------------------------------------------
The Hon. Ronald A. Guzman grants the Plaintiff's motion for class
certification filed in the lawsuit titled Florence Mussat, M.D.
S.C., individually and on behalf of similarly situated persons v.
E.S. Medical Equipment and Supplies, Case No. 1:16-cv-01240 (N.D.
Ill.).
Judge Guzman said that he is satisfied that the class is
ascertainable based on this (amended) definition:
All persons and entities who were successfully sent a fax
[on X date(s)] in the form of Exhibit A, advertising
products available at www.esmedical.com "offering 2
discounts on all products for all of 2016."
The Court ordered the Plaintiff to file an amended class
definition, consistent with the Order, within 14 days. A status
hearing is set for January 11, 2017, at 9:30 a.m.
The Case is a putative "junk fax" class action under the Telephone
Consumer Protection Act. The Plaintiff claims that she and other
similarly-situated doctors and doctors' offices were sent
unsolicited fax advertisements from the Defendant. Those faxes,
moreover, did not contain an "opt-out" notice as required by the
TCPA, she asserts.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=MBsr89CJ
ETERNITY FLOORS: Sued in Cal. Super. Ct. Over Laminate Flooring
---------------------------------------------------------------
CHRISTOPHER SANTIAGO, and JULIA SANTIAGO, individually, on behalf
of themselves and all others similarly situated, the Plaintiffs,
v. ETERNITY FLOORS d/b/a L.A. HARDWOOD FLOORING, INC., a
California Corporation; CAMILO MONTEALEGRE, an individual; and
DOES 1-50, inclusive, the Defendant, Case No. BC644600 (Cal.
Super. Ct., Dec. 21, 2016), seeks order of the Court requiring
Defendants to disgorge all ill-gotten gains and awarding
Plaintiffs and the Class full restitution of all monies wrongfully
acquired by Defendants.
The case is about breach of warranty, fraudulent
omission/concealment, and state statutory class action on behalf
of all persons in California who purchased Chinese-made laminate
flooring distributed and sold under the Eternity Floors brand
name. The Defendants designed, manufactured, distributed and sold
Chinese-manufactured laminate flooring (the "Flooring") that
failed to meet certain advertised industry standards, including
the California Air Resources Board (CARB) regulations concerning
formaldehyde emissions, and the "AC" durability rating.
Laminate flooring is considered in the industry as a commodity
product, in the sense that its construction is relatively uniform
across brands and models, with each seller competing largely on
the basis of price.
Eternity Flooring is a leading manufacturer and distributor of
laminate flooring in the industry.
The Plaintiffs are represented by:
ROBERTSON & ASSOCIATES, LLP
Alexander Robertson, IV, Esq.
Mark J. Uyeno, Esq.
32121 Lindero Canyon Road, Suite 200
Westlake Village, CA 91361
Telephone (818) 851 3850
Facsimile (818) 851 3851
E-mail: arobertson@arobertsonlaw.com
muyeno@arobertsonlaw.com
- and -
WHITFIELD BRYSON & MASON
Daniel K. Bryson, Esq.
Patrick M. Wallace, Esq.
900 W. Morgan Street
Raleigh, NC 27609
Telephone (919) 600 5000
Facsimile (919) 600 5035
E-mail: dan@wbmllp.com
pat@wbmllp.com
FLEETONE LLC: Swinter Group Seeks Class Certification Under TCPA
----------------------------------------------------------------
The Plaintiff in the lawsuit entitled SWINTER GROUP, INC. v.
FLEETONE, L.L.C., Case No. 4:16-cv-01464-JAR (E.D. Mo.), asks the
Court certify as a class its claims against the Defendant for
alleged violation of the Telephone Consumer Protection Act of
1991, as amended by the Junk Fax Prevention Act of 2005.
Swinter Group also moves to stay briefing and ruling on its Motion
until completion of discovery and upon further order of the Court.
The Plaintiff asks that the Motion be held in abeyance in order to
avoid granting the Defendant a strategic advantage, allowing the
Defendant to make an offer of judgment under Rule 68 of the
Federal Rules of Civil Procedure, a common, but now discredited
strategy by defendants to "pick off" named plaintiffs when no
motion for class certification has been granted.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=9GOPyMup
The Plaintiff is represented by:
Ronald J. Eisenberg, Esq.
Robert Schultz, Esq.
SCHULTZ & ASSOCIATES LLP
640 Cepi Drive, Suite A
Chesterfield, MO 63005-1221
Telephone: (636) 537-4645
Facsimile: (636) 537-2599
E-mail: reisenberg@sl-lawyers.com
rschultz@sl-lawyers.com
FOUGERA PHARMACEUTICALS: Sued Over Fluocinonide Price-Fixing
------------------------------------------------------------
CESAR CASTILLO, INC., individually and on behalf of all those
similarly situated, Plaintiff, v. FOUGERA PHARMACEUTICALS, INC.;
NOVARTIS AG; SANDOZ, INC.; TARO PHARMACEUTICAL INDUSTRIES, LTD.;
TARO PHARMACEUTICALS USA, INC.; TEVA PHARMACEUTICALS USA INC.; and
SUN PHARMACEUTICAL INDUSTRIES, INC., Defendants, Case No. 1:16-cv-
09956 (S.D.N.Y., December 27, 2016), alleges a conspiracy to
artificially fix, raise, maintain and/or stabilize the prices of
generic fluocinonide.
The Defendants are pharmaceutical companies.
The Plaintiff is represented by:
Linda P. Nussbaum, Esq.
NUSSBAUM LAW GROUP, P.C.
1211 Avenue of the Americas
40th Floor
New York, NY 10036-8718
Phone: (917) 438-9189
E-mail: lnussbaum@nussbaumpc.com
- and -
Juan R. Rivera Font, Esq.
JUAN R. RIVERA FONT LLC
Ave. Gonzalez Giusti #27, Suite 602
Guaynabo, PR 00968
Phone: (787) 751-5290
E-mail: juan@riverafont.com
FOUGERA PHARMACEUTICALS: FWK Sues Over Overpriced Clobetasol
------------------------------------------------------------
FWK Holdings, L.L.C., on behalf of itself and all others similarly
situated, Plaintiff, v. Fougera Pharmaceuticals, Inc., Hi-Tech
Pharmacal Co., Inc., Perrigo Company PLC, Sandoz, Inc., Taro
Pharmaceutical Industries, Ltd., Taro Pharmaceuticals USA, Inc.
and Wockhardt USA LLC, Novartis AG, Akom, Inc. and Morton Grove
Pharmaceuticals, Inc., Defendants, Case No. 1:16-cv-09897, (S.D.
N.Y., December 23, 2016), seeks damages sustained and injunctive
relief resulting from overcharging of generic Clobetasol in
violation of the Sherman Act.
FWK Holdings, L.L.C., an Illinois limited liability company
located in Glen Ellyn, Illinois and as the assignee of antitrust
claims possessed by Frank W. Kerr Company, brings this action as
successor-in-interest to Kerr's claims arising from its purchase
of Clobetasol.
Fougera Pharmaceuticals Inc. is a New York corporation with its
principal place of business in Melville, New York. Fougera is a
specialty dermatology generic pharmaceutical company that markets
and sells generic Clobetasol throughout the United States. Fougera
is a wholly owned subsidiary of Defendant Sandoz, Inc., a Colorado
corporation with its principal place of business in Princeton, New
Jersey. It deals in generic pharmaceuticals and bio-similars and
is a subsidiary of Defendant Novartis AG.
Hi-Tech Pharmacal Co., Inc., a subsidiary of Akorn, Inc., is a
Delaware corporation with its principal place of business in
Amityville, New York. It markets and sells Clobetasol throughout
the United States.
Perrigo Company PLC is incorporated under the laws of Ireland with
its principal place of business in Dublin, Ireland. Perrigo's
North American base of operations is located at 515 Eastern
Avenue, Allegan, Michigan 49010, where Perrigo's domestic
subsidiaries are pharmaceuticals manufacturers.
Taro Pharmaceuticals USA, Inc. is a New York corporation with its
principal place of business in Hawthorne, New York. It is an owned
subsidiary of Taro Pharmaceutical Industries, Ltd.
Wockhardt Ltd., an international pharmaceutical and biotechnology
company headquartered in Mumbai, India, manufactures, markets and
sells generic drugs, including Clobetasol, throughout the United
States. Wockhardt maintains manufacturing plants and substantial
operations in the United States, including its wholly-owned
subsidiary Morton Grove Pharmaceuticals, Inc., through which it
sold Clobetasol products to customers in the United States.
Plaintiff is represented by:
Robert N. Kaplan, Esq.
Richard J. Kilsheimer, Esq.
Jeffrey P. Campisi, Esq.
Joshua Saltzman, Esq.
KAPLAN FOX & KILSHEIMER LLP
850 Third Avenue, 14th Floor
New York, NY 10022
Telephone: (212) 687-1980
Facsimile: (212) 687-7714
Email: rkaplan@kaplanfox.com
rkilsheimer@kaplanfox.com
jcampisi@kaplanfox.com
jsaltzman@kaplanfox.com
- and -
Thomas M. Sobol, Esq.
David S. Nalven, Esq.
Lauren Guth Barnes, Esq.
Kiersten Taylor, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
55 Cambridge Parkway, Suite 301
Cambridge, MA 02142
Tel: (617) 482-3700
Fax: (617) 482-3003
Email: tom@hbsslaw.com
davidn@hbsslaw.com
lauren@hbsslaw.com
kiersten@hbsslaw.com
- and -
Joseph M. Vanek, Esq.
David P. Germaine, Esq.
VANEK, VICKERS & MASINI P.C.
55 W. Monroe, Suite 3500
Chicago, IL 60603
Tel: (312) 224-1500
Fax: (312) 224-1510
E-mail: Jvanek@vaneklaw.com
Dgermaine@vaneklaw.com
GENERAL NUTRITION: Faces "Harrison" Suit Over "False" Advertising
-----------------------------------------------------------------
KENNETH HARRISON, an individual on behalf of himself and all
others similarly situated, Plaintiff v. GENERAL NUTRITION CENTERS,
INC.; GNC HOLDINGS, INC. and DOES 1 through 25, inclusive,
Defendants, Case No. 3:16-cv-03086-AJB-WVG (S.D. Cal., December
23, 2016), alleges false, fabricated, arbitrary, inaccurate,
deceptive, misleading unlawful advertised price discounts by
Defendant(s) on products in violation of the California Consumer
Legal Remedies Act, the Unfair Competition Law and the False
Advertising Law.
General Nutrition Centers, Inc. and GNC Holdings, Inc. is an
online retailer that sells products through its website
http://www.gnc.com
The Plaintiff is represented by:
Reuben D. Nathan, Esq.
NATHAN & ASSOCIATES, APC
600 W. Broadway, Suite 700
San Diego, CA 92101
Phone: (619) 272-7014
Fax: (619) 330-1819
E-mail: rnathan@nathanlawpractice.com
- and -
Ross Cornell, Esq.
111 W. Ocean Blvd., Suite 400
Long Beach, CA 90802
Phone: (562) 612-1708
Fax: (562) 394-9556
Email: ross.law@me.com
GILEAD GROUP: Overtime Pay Claimed in "Adams" Labor Suit
--------------------------------------------------------
Rowland Jeffery Adams, on behalf of himself and all similarly
situated individuals, Plaintiff, v. Gilead Group, LLC, Realtime
Results, LLC, Diane Kopitsky, individually and John McFerron,
individually, Defendants, Case No. 3:16-cv-01566, (M.D. Fla.,
December 22, 2015), seeks to recover unpaid back wages, an
additional equal amount as liquidated damages, obtain declaratory
relief, and reasonable attorney's fees and costs pursuant to the
Fair Labor Standards Act.
Defendants provided collection, retention and equipment retrieval
service for its customers. Plaintiff worked for Defendants as a
Field Collection Agent or Retention Specialist from approximately
May 2014 to November 2015. Defendants, through their payment
policy, shaved Plaintiff's overtime hours worked and forced him to
work off-the-clock and did not compensate him for his hours worked
over 40.
Plaintiff is represented by:
Michael N. Hanna, Esq.
MORGAN & MORGAN, P.A.
600 N. Pine Island Road, Suite 400
Plantation, FL 33324
Telephone: (954) 318-0268
Facsimile: (954) 327-3016
Email: MHanna@forthepeople.com
HARMAN INTERNATIONAL: Board Faces "Nampally" Suit Over Merger
-------------------------------------------------------------
HARINATH NAMPALLY, individually and on behalf of all others
similarly situated, Plaintiff, v. DINESH PALIWAL, ADRIANE
BROWN, JOHN DIERCKSEN, ANN MCLAUGHLIN KOROLOGOS, EDWARD MEYER,
ROBERT NAIL, AVI REICHENTAL, KENNETH REISS, HELLENE RUNTAGH,
FRANK SKLARSKY, and GARY STEEL, Defendants, Case No. 13001- (Del.
Ch., December 22, 2016), alleges that a merger between Harman
International Industries, Incorporated and Korea-based Samsung
Electronics Co., Ltd. is flawed and unfair because the Board of
Harman negotiated only with Samsung and deliberately chose not to
contact a single other potentially-interested party or conduct a
pre-signing market check to attempt to maximize stockholder value.
Harman International Industries, Incorporated designs and
engineers connected products and solutions for automakers.
The Plaintiff is represented by:
James R. Banko, Esq.
Michael Van Gorder, Esq.
FARUQI & FARUQI, LLP
20 Montchanin Road, Suite 145
Wilmington, DE 19807
Phone: (302) 482-3182
E-mail: jbanko@faruqilaw.com
mvangorder@faruqilaw.com
- and -
Shannon L. Hopkins, Esq.
Sebastiano Tornatore, Esq.
Meghan K. Daley, Esq.
LEVI & KORSINSKY, LLP
733 Summer Street, Suite 304
Stamford, CT 06901
Phone: (212) 363-7500
Fax: (866) 367-6510
- and -
Juan E. Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Avenue, 59th Floor
New York, NY 10118
Phone: (212) 971-1341
Fax: (212) 601-2610
HARMLESS HARVEST: "Guoliang" Suit Alleges False Ad of Coco Water
----------------------------------------------------------------
GUOLIANG MA, ELIZABETH PEGUERO, SHARON MANIER, and KIN FAI LAU, on
behalf of themselves and all others similarly situated,
Plaintiffs, v. HARMLESS HARVEST, INC., Defendant, Case No. 2:16-
cv-07102 (E.D.N.Y., December 23, 2016), alleges that Defendant
falsely labeled, packaged and advertised its Coconut Water
Products as "100% ORGANIC" and "USDA ORGANIC" and "100% RAW.
Harmless Harvest, Inc. manufactures non-alcoholic beverages.
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
Angela Kwon, Esq.
Taimur Alamgir, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Phone: 212-465-1188
Fax: 212-465-1181
HOME HEALTH: "Goodwin" Suit Seeks Unpaid OT Pay Under Wage Act
--------------------------------------------------------------
ANASTASIA GOODWIN, individually and on behalf of all others
similarly situated, the Plaintiff, v. HOME HEALTH CARE PLUS, LLC,
the Defendants, Case No. 161202405 (Phil. Ct. of Common Pleas,
Dec. 21, 2016), seeks to recover damages in the amount of unpaid
overtime compensation, including interest, and penalties subject
to proof pursuant to the Pennsylvania Minimum Wage Act of 1968.
The Defendant employed Plaintiff and Class Members as home health
care workers who provided companionship services for the elderly,
ill or disabled. The Plaintiff's hours varied from week to week,
but Defendant permitted her and her coworkers to regularly work
more than 40 hours a week throughout the class period. In some
weeks, Plaintiff personally worked up to and including 52 hours in
a workweek without being paid over time. As a result of
Defendant's illegal compensation system, and other practices and
policies followed by Defendant, Plaintiff and Class members are
not paid for working overtime.
Home Health provides home care in comfortable surroundings.
The Plaintiff is represented by:
Philip A. Downey, Esq.
THE DOWNEY LAW FIRM, LLC
P.O. Box 1021
Unionville, PA 19375
Facsimile: (610) 813 4579
E-mail: downeyjustice@gmail.com
- and -
Philip Bohrer, Esq.
Scott E. Brady, Esq.
BOHRER BRADY, LLC
8712 Jefferson Highway, Suite B
Baton Rouge, LA 70809
Telephone: (225) 925 5297
Facsimile: (225) 231 7000
E-mail: phil@bohrerbradv.com
scott@bohrerbradv.com
INTERNATIONAL GRILL: Does Not Properly Employees, Action Claims
---------------------------------------------------------------
Yareli Bartolo, individually and on behalf of all others similarly
situated v. International Grill, Inc. and Does 1 through 20,
inclusive, Case No. BC644755 (Cal. Super. Ct., December 22, 2016),
is brought against the Defendants for failure to pay overtime
wages, failure to provide meal periods or compensation in lieu
thereof, failure to authorize or permit rest breaks or provide
compensation in lieu thereof, failure to provide accurate itemized
wage statements and accurate records, and failure to pay all wages
due upon separation of employment.
International Grill, Inc. owns and operates a restaurant and
catering services business in California.
The Plaintiff is represented by:
Samuel A. Wong, Esq.
Kashif Haque, Esq.
Ali S. Carlsen, Esq.
AEGIS LAW FIRM, PC
9811 Irvine Center Drive, Suite 100
Irvine, CA 92618
Telephone: (949) 379-6250
Facsimile: (949)379-6251 2
INTERSTATE HOTELS: Sued Over Failure to Provide Meal Break
----------------------------------------------------------
Roxana Contreras, individually and on behalf of all others
similarly situated v. Interstate Hotels & Resorts, Inc., Sunstone
Hotel Properties, Inc., and Does 1 through 50, inclusive, Case No.
BC644458 (Cal. Super. Ct., December 19, 2016), is brought against
the Defendants for failure to provide employees meal and rest
periods as required under California Labor Law.
The Defendant(s) together with its subsidiaries operate as a hotel
real estate investor and independent hotel management company.
The Plaintiff is represented by:
Matthew J. Matern, Esq.
Launa Adolph, Esq.
Kayvon Sabourian, Esq.
MATERN LAW GROUP, PC
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
Telephone: (310) 531-1900
Facsimile: (310) 531-1901
E-mail: info@maternlawgroup.com
JENNINGS ROAD: Fails to Pay Overtime Wages, "Dupuis" Suit Claims
----------------------------------------------------------------
Daniel Dupuis, on behalf of himself and all others similarly
situated v. Herbert G. Chambers, James Duchesneau, Alan Mclaren,
Jennings Road Management Corp. d/b/a The Herb Chambers Companies,
Herb Chambers Cambridge Street, Inc., and Herb Chambers 128, Inc.,
Case No. 16-3665 (Mass. Cmmw. Ct., December 22, 2016), is brought
against the Defendants for failure to pay overtime wages for work
in excess of 40 hours per week.
The Defendants manage, control, and operate a chain of over 50 car
dealerships in Massachusetts.
The Plaintiff is represented by:
Brook S. Lane, Esq.
John P. Regan Jr., Esq.
REGAN LANE LLP
43 Bowdoin Street, Ste. A
Boston, MA 02114
Telephone: (857) 277-0902
E-mail: blane@reganlane.com
jregan@reganlane.com
KEANE GROUP: Faces "Hickson" Suit Under FLSA, Pa. Min. Wage Act
---------------------------------------------------------------
TONY HICKSON and LARRY VILLA, individually and on behalf of all
others similarly situated, Plaintiffs, against KEANE GROUP
HOLDINGS, LLC; KEANE FRAC TX, LLC; KEANE FRAC, LP; KEANE FRAC GP
LLC; and KEANE FRAC ND, LLC; Defendants, Case No. 4:16-cv-03734
(S.D. Tex., December 27, 2016), seeks to remedy alleged violations
of the wage-and-hour provisions of the Fair Labor Standards Act
and the Pennsylvania Minimum Wage Act.
KEANE GROUP HOLDINGS, LLC offers completion services to some of
the largest oil and gas companies in the industry.
The Plaintiff is represented by:
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
8 Greenway Plaza #1500
Houston, TX 77046
Phone: (713) 877-8788
- and -
Joseph A. Fitapelli, Esq.
Armando A. Ortiz, Esq.
FITAPELLI & SCHAFFER, LLP
28 Liberty Street, 30th Floor
New York, NY 10005
Phone: (212) 300-0375
KLOCHKO EQUIPMENT: Vinny's Placeholder Cert. Bid Found Moot
-----------------------------------------------------------
The Honorable Stephen J. Murphy, III, entered an order in the
lawsuit captioned VINNY'S LANDSCAPING INC. v. KLOCHKO EQUIPMENT
RENTAL COMPANY, INC., et al., Case No. 2:16-cv-10846-SJM-RSW (E.D.
Mich.), finding as moot the Plaintiff's placeholder motion to
certify class.
The Court has reviewed the parties' filings regarding Plaintiff's
"Placeholder" Motion for Class Certification, and held a hearing,
according to the Order. At the hearing, the Defendants agreed to
provide 14-day notice to Plaintiff prior to making an offer of
judgment or depositing funds with the clerk. The Plaintiff agreed
that such notice was adequate to protect the interests of
Plaintiff and potential, future class members.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=1luF8AEE
LABORATORY CORP: "Gonzales" Suit Alleges Cal. Wage Law Violations
-----------------------------------------------------------------
JEANNIE GONZALES, an individual; Plaintiffs, v. LABORATORY
CORPORATION OF AMERICA HOLDINGS, a Delaware Corporation; and DOES
1 - 50; Defendants, Case No. 4:16-cv-07346-KAW (N.D. Cal.,
December 27, 2016), was filed on behalf of Plaintiff and other
similarly aggrieved employees of Defendants. The case alleges
among others that Defendants are found to have violated the rest
and meal period, itemized wage statement/time records; failed to
pay full wages for time worked; failed to reimburse for necessary
work-related expenditures; and failed to timely pay wages penalty
provisions of the California wage laws.
Plaintiff JEANNIE GONZALES worked for LABCORP as a phlebotomist in
the Fremont Behavioral Health Hospital.
The Plaintiff is represented by:
Eric M. Lightman, Esq.
LAW OFFICES OF ERIC M. LIGHTMAN
1254 Mission St.
San Francisco, CA 94103
Phone: 415-295-4777
Fax: 415-795-4750
E-mail: eric.m.lightman@gmail.com
LANNETT COMPANY: Suit Alleges Levothyroxine Sodium Price-Fixing
---------------------------------------------------------------
PLUMBERS & PIPEFITTERS LOCAL 178 HEALTH & WELFARE TRUST FUND, on
behalf of itself and all others similarly situated, Plaintiff, v.
LANNETT COMPANY, INC.; MYLAN PHARMACEUTICALS, INC., SANDOZ, INC.,
Defendants, Case No. 1:16-cv-09890 (S.D.N.Y., December 22, 2016),
alleges that Defendants have conspired, combined, and contracted
to fix, raise, maintain, and stabilize the prices at which generic
levothyroxine sodium would be sold in violation of the Sherman
Act, as well as state antitrust, consumer protection, and common
laws.
LANNETT COMPANY, INC. -- http://www.lannett.com/-- manufactures,
markets and/or distributes more than 90 drugs in the U.S.
The Plaintiff is represented by:
Irving Scher Scott A. Martin, Esq.
HAUSFELD LLP
33 Whitehall Street, 14th Floor
New York, NY 10004
Phone: (646) 357-1100
Fax: (212) 202-4322
Email: ischer@hausfeld.com
Email: smartin@hausfeld.com
- and -
Michael P. Lehmann, Esq.
Bonny E. Sweeney, Esq.
Christopher L. Lebsock, Esq.
Stephanie Y. Cho, Esq.
HAUSFELD LLP
600 Montgomery Street, Suite 3200
San Francisco, CA 94111
Phone: (415) 633-1908
Fax: (415) 358-4980
Email: mlehmann@hausfeld.com
Email: bsweeney@hausfeld.com
Email: clebsock@hausfeld.com
- and -
Michael D. Hausfeld, Esq.
Sathya S. Gosselin, Esq.
Jeannine M. Kenney, Esq.
HAUSFELD LLP
1700 K Street NW, Suite 650
Washington, DC 20006
Phone: (202) 540-7200
Fax: (202) 540-7201
Email: mhausfeld@hausfeld.com
Email: sgosselin@hausfeld.com
Email: jkenney@hausfeld.com
- and -
Lee Albert, Esq.
Gregory B. Linkh, Esq.
GLANCY PRONGAY & MURRAY LLP
122 E. 42nd Street, Suite 2920
New York, NY 10168
Phone: (212) 682-5340
Fax: (212) 884-0988
Email: lalbert@glancylaw.com
Email: glinkh@glancylaw.com
LANNETT CO: FWK Holdings Sues Over Levothyroxine Price-Fixing
-------------------------------------------------------------
FWK Holdings, L.L.C., on behalf of itself and all others similarly
situated, Plaintiff, v. LANNETT COMPANY, INC., MYLAN
PHARMACEUTICALS INC., SANDOZ, INC., and NOVARTIS AG, Defendants,
Case No. 1:16-cv-09900 (S.D.N.Y., December 23, 2016) is a civil
antitrust action seeking treble damages arising out of the
Defendants' alleged unlawful scheme to fix, maintain, and
stabilize the prices of generic levothyroxine.
LANNETT COMPANY, INC. -- http://www.lannett.com/-- manufactures,
markets and/or distributes more than 90 drugs in the U.S.
The Plaintiff is represented by:
Robert N. Kaplan, Esq.
Richard J. Kilsheimer, Esq.
Jeffrey P. Campisi, Esq.
Joshua Saltzman, Esq.
KAPLAN FOX & KILSHEIMER LLP
850 Third Avenue, 14th Floor
New York, NY 10022
Phone: 212-687-1980
Fax: 212-687-7714
E-mail: rkaplan@kaplanfox.com
rkilsheimer@kaplanfox.com
jcampisi@kaplanfox.com
jsaltzman@kaplanfox.com
- and -
Thomas M. Sobol, Esq.
David S. Nalven, Esq.
Lauren Guth Barnes, Esq.
Kiersten Taylor, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
55 Cambridge Parkway, Suite 301
Cambridge, MA 02142
Phone: 617-482-3700
Fax: 617-482-3003
E-mail: tom@hbsslaw.com
davidn@hbsslaw.com
lauren@hbsslaw.com
kiersten@hbsslaw.com
- and -
Joseph M. Vanek, Esq.
David P. Germaine, Esq.
VANEK, VICKERS & MASINI P.C.
55 W. Monroe, Suite 3500
Chicago, IL 60603
Phone: 312-224-1500
Fax: 312-224-1510
E-mail: Jvanek@vaneklaw.com
Dgermaine@vaneklaw.com
LINCOLN NATIONAL: Insurance Premium Hike Hit in "Bharwani" Suit
---------------------------------------------------------------
Bharti R. Bharwani and Robert A. Zirinsky, individually and on
behalf of all others similarly situated, Plaintiffs, v. Lincoln
National Corp. and Lincoln National Life Insurance Company,
Defendants, Case No. 2:16-cv-06605 (E.D. Mo., December 22, 2016),
seeks damages, costs and disbursements and reasonable allowances
for counsel and experts, reimbursement of expenses, injunctive and
declaratory relief and such other and further relief resulting
from breach of contract in violation of New York's General
Business Laws.
Defendants unilaterally and substantially increased the "cost of
insurance" rates on their policies, which in turn increased the
monthly deduction withdrawals from policyholders with a resulting
and significant increase in annual policyholder premiums required
to maintain the policies in force over time.
The Plaintiff is represented by:
Jeffrey W. Golan, Esq.
Robert A. Hoffman, Esq.
Lisa M. Port, Esq.
BARRACK, RODOS AND BACINE
3300 Two Commerce Square
2001 Market Street
Philadelphia, PA 19103
Telephone: (215) 963-0600
Facsimile: (215) 963-0838
- and -
Stephen R. Basser, Esq.
BARRACK, RODOS AND BACINE
One America Plaza
600 W. Broadway, Suite 900
San Diego, CA 92101
Phone: (619) 230-0800
Facsmile: (619) 230-1874
- and -
Andrew Friedman
BONNETT, FAIRBOURN, FRIEDMAN BALINT, P.C.
2325 E Camelback Rd #300
Phoenix, AZ 85016
Telephone: (602) 274-1100
- and -
Joseph Gentile, Esq.
Ronen Sarraf, Esq.
SARRAF GENTILE LLP
14 Bond Street #212
Great Neck, NY 11021
Telephone: (516) 699-8890
- and -
John G. Emerson, Esq.
EMERSON SCOTT, LLP
840 Apollo Lane
Houston, TX 77058
Telephone: (281) 488-8854
Facsimile: (281) 488-8867
LOCAL AT VILLANOVA: Faces "Walsh" Suit Over Improper Wages
----------------------------------------------------------
Lester A. Walsh, on behalf of himself and all others similarly
situated, Plaintiff, v. LOCAL AT VILLANOVA, LLC d/b/a AVENUE
KITCHEN; LOCAL AT GLEN MILLS, LLC d/b/a AVENUE KITCHEN; DANA SMITH
FARRELL AND DOE DEFENDANTS 1-10, Case No. 2:16-cv-06563-TJS (E.D.
Pa., December 22, 2016), alleges that Avenue Kitchen
systematically and willfully deprived Plaintiff and Tipped
Employees of minimum wages in violation of the Fair Labor
Standards Act, and the Pennsylvania Minimum Wage Act by, among
others, failing to satisfy the notice requirements of the tip
credit provisions of the FLSA and PMWA.
DANA SMITH FARRELL owns and operates restaurants.
The Plaintiff is represented by:
Robert J. Gray, Esq.
Gerald D. Wells, III
2200 Renaissance Blvd., Suite 308
King of Prussia, PA 19406
Phone: 610-822-3700
Fax: 610-822-3800
E-mail: gwells@cwg-law.com
rgray@cwg-law.com
- and -
Michael K. Yarnoff, Esq.
KEHOE LAW FIRM, P.C.
Two Penn Center Plaza
1500 JFK Boulevard, Suite 1020
Philadelphia, PA 19102
Phone: 215-792-6676
Fax: 215-792-6676
E-mail: myarnoff@kehoelawfirm.com
MCDONALD'S CORPORATION: Faces "Killeen" Suit Over Value Meal
------------------------------------------------------------
Kelly Killeen, individually and on behalf all others similarly
situated v. McDonald's Corporation and Salabad, LLC, Case No.
2016-CH-16519 (Ill. Cir. Ct., December 22, 2016), seeks to redress
the pervasive pattern of fraudulent, deceptive and otherwise
improper advertising, sales and marketing practices that
McDonald's continues to engage in regarding certain of its Extra
Value Meals(R), including its Two Cheeseburger Extra Value Meal
and Sausage Burrito Extra Value Meal. In reality, certain of
McDonalds' Extra Value Meals are not a value because they are more
expensive than purchasing off the a la carte menu each of the
items that comprise the Meals.
The Defendants are franchisors of McDonald's(R) restaurants
throughout Illinois.
The Plaintiff is represented by:
Samuel A. Shelist, Esq.
SHELIST LAW FIRM LLC
29 E. Madison Street, Suite 1000
Chicago, IL 60602
Telephone (312) 644-3900
MECHEL BLUESTONE: Jordan Seeks to Enforce Mediation Agreement
-------------------------------------------------------------
The Plaintiff in the lawsuit captioned DAVID JORDAN, individually
and on behalf of all others similarly situated v. MECHEL
BLUESTONE, INC., and DYNAMIC ENERGY, INC., Case No. 5:16-cv-04413
(S.D.W. Va.), files with the Court his motion to enforce mediation
agreement, enjoin ex parte settlements, certify class, and approve
limited class discovery.
Mr. Jordan noted that the defense counsel has been actively
seeking settlements on the side with individual class members
after signing a mediation agreement to settle the class action on
a class-wide basis -- a Mediation Agreement that provides more
damages per capita than what the Defendants have proposed in the
side-agreements. He asserts that a number of the class members
with whom the Defendants have solicited side agreements are, upon
information and belief, still currently employed by the
Defendants.
The Defendant's actions, Mr. Jordan contends, are causing members
of the agreed-upon class to be pressured by their employer to
settle for a discount value and are also depriving those members
of adequate notice to opt out of the class after full written
notice of the settlement is reached in the matter. Accordingly,
in order to avoid prejudice to the class, he moves for the Court
to enforce the Mediation Agreement regarding class settlement that
was reached by Magistrate Omar J. Aboulhosn, that the Court
certify the proceeding as a class action against the Defendants,
and that the Court order a limited period of 30 days for class
discovery so that the size of the common fund may be ascertained.
The Mediation Agreement, which the Parties reached on December 5,
2016, with the assistance of Magistrate Aboulhosn, settles all
class matters except for the question of the number of class
members and the amount of the reasonable attorney fee. The key
terms of the Mediation Agreement include the Defendants' agreement
to pay to each member of the class the sum of $10,250, inclusive
of attorneys' fees and costs. The Defendants agree to pay to
class counsel an administrative fee of $30,000 to administer the
settlement. The Defendants also agree to pay to David Jordan a
class representative fee of $15,000.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=6bSGk9NC
The Plaintiff is represented by:
Samuel B. Petsonk, Esq.
Bren J. Pomponio, Esq.
MOUNTAIN STATE JUSTICE, INC.
1031 Quarrier Street, Suite 200
Charleston, WV 25301
Telephone: (304) 344-3144
Facsimile: (304) 344-3145
E-mail: sam@msjlaw.org
bren@msjlaw.org
MIDWAY ISLAND: "Dean" Suit Claims Misclassification, Seeks Wages
----------------------------------------------------------------
Urika Dean, on behalf of herself and all others similarly
situated, Plaintiff, v. Michael Billings (d/b/a) Midway Island,
Midway Island, LLC, Defendants, Case No. 5:16-cv-01459, (W.D.
Okla., December 21, 2016), seeks disgorgement of monies obtained
through unjust enrichment; unpaid wages and kickback damages as
liquidated damages; prejudgment interest; and all costs and
attorney's fees under the Fair Labor Standards Act.
Defendant owns and operates an adult entertainment club called
Midway Island located at 5215 NW 10th St, Oklahoma City, OK 73127,
where Plaintiff worked as a dancer. She claims to have been
misclassified as an independent contractor, thus denied proper
wages. She earned from tips but was also deducted a tip-credit.
Plaintiff is represented by:
William B. Federman, Esq.
Joshua D. Wells, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Avenue
Oklahoma City, OK 73120
Telephone: (405) 235-1560
Facsimile: (405) 239-2112
Email: wbf@federmanlaw.com
jdw@federmanlaw.com
MMPB GROUP: Banegas Moves to Certify Class of Villa Azur Workers
----------------------------------------------------------------
The Plaintiffs in the lawsuit styled DANI BANEGAS and JORGE
HERNANDEZ v. MMPB GROUP, LLC d/b/a Villa Azur, et al., Case No.
1:16-cv-24134-DPG (S.D. Fla.), move the Court to conditionally
certify a representative class and permit court-supervised
notification pursuant to the Fair Labor Standards Act.
The Defendants own and operate the restaurant Villa Azur on Miami
Beach. The Plaintiffs have been employees at the restaurant for
several years. The Plaintiffs allege that during that time, the
restaurant has attempted to implement a tip pool and tip credit
system to pay its employees less than the mandated minimum wage.
The proposed "Class" consists of employees and former employees of
the Defendants, who are considered victims under the FLSA.
Specifically, the Class is divided into two sub-classes, defined
as:
MINIMUM WAGE SUB-CLASS: All those employees (past or
present) of Villa Azur for anytime from three years prior to
their consent to join this action until end of this case,
who received less than minimum wage, worked at least one
workweek, and paid into or received from a tip pool; and
OVERTIME WAGE SUB-CLASS: All those employees (past or
present) of Villa Azur for anytime from three years prior to
their consent to join this action until end of this case,
who received less than 1.5x their wage for any hours worked
over 40 in a workweek and worked at least one workweek.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=DE16GIij
The Plaintiffs are represented by:
R. Martin Saenz, Esq.
R. Edward Rosenberg, Esq.
SAENZ & ANDERSON, PLLC
20900 N.E. 30th Avenue, Suite 800
Aventura, FL 33180
Telephone: (305) 503.5131
Facsimile: (888) 270.5549
E-mail: msaenz@saenzanderson.com
ed@saenzanderson.com
The Defendants are represented by:
Jonathan Beckerman, Esq.
Jorge Zamora, Jr., Esq.
LITTLER MENDELSON P.C.
333 SE 2nd Avenue, Suite 2700
Miami, FL 33131
Telephone: (305) 400-7500
Facsimile: (305) 675-8497
E-mail: jabeckerman@littler.com
jzamora@littler.com
MOLINA HEALTHCARE: Overtime Pay Sought in "Brown" Labor Suit
------------------------------------------------------------
Cinderella D. Brown, individually and on behalf of all others
similarly situated, Plaintiff, v. Molina Healthcare Of Texas,
Inc., Defendant, Case No. 5:16-cv-01300, (W.D. Tex., December 23,
2016), seeks to recover back wages and other remedies, reasonable
attorney's fees and costs pursuant to the Fair Labor Standards
Act.
Defendant Molina is an international healthcare provider that
arranges for the delivery of healthcare services and offers health
information management solutions through Medicaid, Medicare and
other government-funded programs in multiple states. Plaintiff
works for Molina as a Service Coordinator from her home in New
Braunfels, Texas. She regularly worked in excess of 40 hours per
week, but was only paid straight time for 40-hour weeks.
Plaintiff is represented by:
Alex Mabry, Esq.
MABRY LAW FIRM, PLLC
7155 Old Katy Road, Ste. No. N235
Houston, TX 77024
Telephone: 832-350-8335
Facsimile: 832-831-2460
NASSAU, NY: Fails to Pay AMTs OT Wages, "Gurrieri" Suit Claims
--------------------------------------------------------------
Ronald Gurrieri, Diane Mccauley, Lawrence Loiselle, Mary Tedesco,
Edward Donoghue, and all others similarly situated v. County of
Nassau, Nassau County Police Department, and Nassau County Civil
Service Commission, Case No. CV-16-6983 (E.D.N.Y., December 19,
2016), is brought against the Defendants for failure to pay
Ambulance Medical Technicians' overtime wages in violation of the
New York Labor Law.
County Of Nassau is a municipal corporation duly incorporated
under the laws of the State of New York.
Nassau County Police Department, is an agency of the County of
Nassau.
Nassau County Civil Service Commission is an agency of the County
of Nassau and is responsible for the classification of county
positions and establishment of compensation for county employees.
The Plaintiff is represented by:
Louis D. Sterner Jr., Esq.
LAW OFFICES OF LOUIS D. STERNER JR., LLC
98 Front Street
Mineola, NY 11501
Telephone: (516) 742-6546
NEA-BBQ LLC: Faces "Flowers" Lawsuit Seeking Unpaid Wages
---------------------------------------------------------
LESLIE FLOWERS, individually and on behalf of all those similarly
situated, Plaintiff, v. NEA-BBQ, LLC, d/b/a SONNY'S BBQ,
Defendant, Case No. 2:16-cv-00288-WCO-JCF (N.D. Ga., December 27,
2016), seeks to recover mandated minimum wages and overtime wages
under the Fair Labor Standards Act.
NEA-BBQ LLC -- http://www.nea-bbq.com/-- is in the restaurants
industry.
The Plaintiff is represented by:
Taylor J. Bennett, Esq.
Amanda A. Farahany, Esq.
Taylor J. Bennett, Esq.
BARRETT & FARAHANY
1100 Peachtree Street, Suite 500
Atlanta, GA 30309
Phone: (404) 214-0120
Fax: (404) 214-0125
E-mail: amanda@justiceatwork.com
taylor@justiceatwork.com
NEW YORK: Johnston, et al. Sue NYCHA Over FLSA Violations
---------------------------------------------------------
ALEXANDER JOHNSTON, DARSHARAY ALLEN-SORE, NORMA DELANCEY
RAYMOND DAVENPORT, Plaintiffs, v. NEW YORK CITY HOUSING AUTHORITY,
Defendant, is a collective action in accordance with the Fair
Labor Standards Act against the defendant on behalf of themselves
and all others similarly situated because of defendant's unlawful
deprivation of plaintiffs' rights to overtime compensation under
the FLSA.
NYCHA is a public benefit corporation organized under the New York
public housing laws and is a legally separate entity from the City
of New York.
The Plaintiffs are represented by:
Gregory K. McGillivary, Esq.
David Ricksecker, Esq.
WOODLEY & McGILLIVARY LLP
1101 Vermont Ave., N.W., Suite 1000
Washington, DC 20005
Phone: (202) 833-8855
E-mail: gkm@wmlaborlaw.com
- and -
Hope Pordy, Esq.
SPIVAK LIPTON LLP
1700 Broadway, Suite 2100
New York, NY 10019
Phone: (212) 765-2100
Fax: (212) 765-8954
E-mail: hpordy@spivaklipton.com
NEW YORK, NY: "Henry" Lawsuit Alleges Violations of FLSA
--------------------------------------------------------
EDWIN HENRY and FAYE SMYTH, individually and on behalf of all
other persons similarly situated, Plaintiffs, against THE CITY OF
NEW YORK, Defendants, Case No. 1:16-cv-09971 (S.D.N.Y., December
27, 2016), was brought pursuant to the Fair Labor Standards Act to
recover liquidated damages for alleged delayed payments of
overtime and minimum wages.
The City of New York is a municipal corporation duly organized and
existing under the Constitution and laws of the State and City of
New York.
The Plaintiff is represented by:
James Emmet Murphy, Esq.
Lloyd Ambinder, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street
7th Floor New York, NY 10004
Phone: (212) 943-9080
OCWEN LOAN: Certification of FCCPA Class Sought in "Fegadel" Suit
-----------------------------------------------------------------
Lynn Fegadel moves for an Order pursuant to Rule 23(b)(3) of the
Federal Rules of Civil Procedure certifying the case entitled LYNN
FEGADEL v. OCWEN LOAN SERVICING, LLC, Case No. 8:15-cv-02228-EAK-
JSS (M.D. Fla.), as a class action. The Plaintiff asks that the
Court certify this class:
All individuals who: (1) filed a Chapter 7 or Chapter 13
bankruptcy in the Middle District of Florida, (2)
surrendered their home in the bankruptcy proceedings, (3)
obtained a discharge, and (4) after they received the
discharge, received communications related to the discharged
mortgage from or on behalf of Ocwen Loan Servicing LLC, on
or after September 24, 2013.
The Plaintiff filed the purported class action against Ocwen
asserting claims for (1) violation of the Florida Consumer
Collection Practices Act and (2) relief under 11 U.S.C. Section
105(a) for the Defendant's violation of the discharge injunction,
based on its practice of sending collections communications
regarding mortgage debts that were discharged in bankruptcy to
numerous consumers.
It is further requested that Plaintiff be designated as
representative of the Class and Plaintiff's Counsel be named Class
Counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=d8ixdmmm
The Plaintiff is represented by:
Katherine Earle Yanes, Esq.
KYNES, MARKMAN & FELMAN, P.A.
Post Office Box 3396
Tampa, FL 33601 3396
Telephone: (813) 229 1118
Facsimile: (813) 221 6750
E-mail: kyanes@kmf-law.com
- and -
Gus M. Centrone, Esq.
Brian L. Shrader, Esq.
CENTRONE & SHRADER, LLC
612 W. Bay Street
Tampa, FL 33606
Telephone: (813) 360-1529
E-mail: gcentrone@centroneshrader.com
bshrader@centroneshrader.com
The Defendant is represented by:
Joseph Culleiton, Esq.
Paul James Sodhi, Esq.
BLANK ROME LLP
501 Grant Street, Suite 850
Pittsburgh, PA 15219
Telephone: (412) 932-2800
Facsimile: (412) 932-2777
E-mail: jculleiton@blankrome.com
Psodhi@blankrome.com
PAREXEL INTERNATIONAL: Faces "Cones" Suit Under FLSA, Labor Laws
----------------------------------------------------------------
SCHOULEE CONES, an individual, on behalf of herself and all others
similarly situated, Plaintiff, vs. PAREXEL INTERNATIONAL
CORPORATION, a Massachusetts corporation licensed to do business
in the State of California, Defendants, Case No. 3:16-cv-03084-L-
BGS (S.D. Cal., December 22, 2016), seeks damages and restitution,
including alleged unpaid balance of earned overtime wages, premium
wages for missed meal and rest periods, penalties, and interest,
as well as attorney's fees and costs of this litigation under the
Federal Labor Standards Act, the California Labor Code, IWC Wage
Order No. 4-2001, and the California Business and Professions
Code.
PAREXEL INTERNATIONAL CORPORATION -- https://www.parexel.com/ --
is a multinational, life sciences consulting firm.
The Plaintiff is represented by:
Patrick N. Keegan, Esq.
James M. Treglio, Esq.
KEEGAN & BAKER, LLP
6156 Innovation Way
Carlsbad, CA 92009
Phone: (760) 929-9303
Fax: (760) 929-9260
- and -
Walter Haines, Esq.
THE UNITED EMPLOYEES LAW GROUP
5500 Bolsa Avenue, Ste 201
Huntington Beach, CA 92649
Phone: (310) 234-5678
Fax: (562) 256-1006
PAUL MICHAEL: Accused of Wrongful Conduct Over Debt Collection
--------------------------------------------------------------
Kara Deguardia and Diane Navas, individually and on behalf of all
others similarly situated v. Paul Michael Associates, Case No.
2:16-cv-07030 (E.D.N.Y., December 21, 2016), seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.
Paul Michael Associates operates a claims assistance service
company located at 159-16 Union Tpke #302, Fresh Meadows, NY
11366.
The Plaintiff is represented by:
Craig B. Sanders, Esq.
SANDERS LAW, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (516) 203-7600
Facsimile: (516) 281-7601
E-mail: csanders@sanderslawpllc.com
PESCATLANTIC GROUP: "Pineda" Class Suit Removed to S.D. Florida
---------------------------------------------------------------
The class action lawsuit captioned Denise Pineda and others
similarly situated v. Pescatlantic Group, LLC and Cesar Calvo,
Case No. 16-029018-CA-01, was removed from the 11th Judicial
Circuit of Florida to the U.S. District Court for the Southern
District of Florida (Miami). The District Court Clerk assigned
Case No. 1:16-cv-25291-MGC to the proceeding.
The plaintiff asserts labor-related claims.
Pescatlantic Group, LLC operates a seafood wholesale company
located at 6100 Blue Lagoon Dr., Miami, FL 33126.
The Plaintiff is represented by:
Edilberto O. Marban, Esq.
EDILBERTO O. MARBAN LAW OFFICE
1600 Ponce De Leon Boulevard, Suite 902
Coral Gables, FL 33134
Telephone: (305) 448-9292
Facsimile: (305) 448-9477
E-mail: marbanlaw@gmail.com
The Defendant is represented by:
Juliana Gonzalez
Lawrence Joseph McGuinness, Esq.
MCGUINNESS & GONZALEZ, P.A.
3126 Center Street
Coconut Grove, FL 33133
Telephone: (305) 448-9557
Facsimile: (305) 448-9559
E-mail: juliana_gonzalez@hotmail.com
ljmpalaw@netzero.com
PHD HOLDING: Illegally Retains Workers Gratuities, Suit Claims
--------------------------------------------------------------
Remmy Lara, individually and on behalf of others similarly
situated v. P.H.D. Holding Corp., Peter Herrero Jr., Karen
Herrero, and any other related entities, Case No. 610064/2016
(N.Y. Sup. Ct., December 22, 2016), arises from the policy and
practice of unlawfully retaining employees' gratuities at the
Defendants' restaurant and catering venues located in New
York.
Headquartered at 52 Gedney Way, White Plains, New York 10605, the
Defendants are engaged in restaurant and catering business.
The Plaintiff is represented by:
Brett R. Cohen, Esq.
Michael A. Tompkins, Esq.
Jeffrey K. Brown, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
PIE TWO SPEEDWAY: "Friend" Suit Seeks Unpaid Overtime Wages
-----------------------------------------------------------
Megan Friend and other similarly-situated individuals, Plaintiff,
v. Pie Two Speedway, LLC d/b/a Pie Five Pizza Co. and John Rhodes,
individually, Defendants, Case No. 6:16-cv-02184, (M.D. Fla.,
December 21, 2016), seeks to recover regular wages, unpaid
overtime wages for every off-the-clock hours accumulated and any
other relief, attorneys' fees, and costs for violations of the
Fair Labor Standards Act.
Pie Two Speedway, LLC, operates a chain of pizza restaurants under
the name Pie Five Pizza Co. Plaintiff worked for their restaurant
in Daytona Beach, Volusia County, Florida. Friend claims to have
been denied overtime pay and was illegally terminated due to
discriminatory reasons.
Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
Email: zep@thepalmalawgroup.com
RENT-A-CENTER: Faces "Hall" Suit Over Securities Act Violations
---------------------------------------------------------------
ALAN HALL, Individually and On Behalf of All Others Similarly
Situated, Plaintiff, v. RENT-A-CENTER, INC., ROBERT D. DAVIS, and
GUY J. CONSTANT, Defendants, Case No. 4:16-cv-00978 (E.D. Tex.,
December 23, 2016), alleges that Defendants made materially false
and/or misleading statements, as well as failed to disclose
material adverse facts about the Company's business, including
that the Company's new point of sale system was not implemented
properly and in fact caused severe harm to Rent-A-Center's overall
operations, especially the Company's new customer credit program
Acceptance Now, in violation of the U.S. Securities and Exchange
Act.
Rent-A-Center operates a network of stores that provides consumer
electronics, appliances, computers (including tablets),
smartphones, and furniture (including accessories), under rental
purchase agreements.
The Plaintiff is represented by:
Joe Kendall, Esq.
Jamie J. McKey, Esq.
KENDALL LAW GROUP, PLLC
3232 McKinney, Ste 700
Dallas, TX 75204
Phone: (214) 744-3000
Fax: (214) 744-3015
E-mail: jkendall@kendalllawgroup.com
jmckey@kendalllawgroup.com
- and -
Lionel Z. Glancy, Esq.
Lesley F. Portnoy, Esq.
Charles H. Linehan, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Phone: (310) 201-9150
Fax: (310) 201-9160
ROADRUNNER INTERMODAL: "Rich" Labor Lawsuit Sent to E.D. Calif.
---------------------------------------------------------------
The case captioned NICHOLAS E. RICH, an individual; on behalf of
himself and all others similarly situated, Plaintiffs, v.
ROADRUNNER INTERMODAL SERVICES, LLC; CENTRAL CAL TRANSPORTATION,
LLC; MORGAN SOUTHERN, INC.; and DOES 1 through 50, inclusive,
Defendants, Case No. 1:16-cv-01900-DAD-BAM (September 18, 2015),
was transferred to the U.S. District Court for the Eastern
District of California from the U.S. District Court for the
Central District of California, according to a case docket dated
December 22, 2016.
The suit alleges wage and labor violations arising out of, among
other things, Defendants' failure to pay wages, provide meal and
rest breaks to its employee drivers, and other labor code
violations and unfair business practices.
Defendants provide various shipping services throughout
California.
The Plaintiff is represented by:
Brian S. Kabateck, Esq.
Joshua H. Haffner, Esq.
KABATECK BROWN KELLNER LLP
644 S. Figueroa Street
Los Angeles, CA 90017
Phone: (213) 217-5000
Fax: (213) 217-5010
E-mail: bsk@kbklawyers.com
jhh@kbklawyers.com
SDS INDUSTRIES: Sued Over Failure to Pay Minimum & Overtime Wages
-----------------------------------------------------------------
Dawn Davis, on behalf of herself and others similarly situated v.
SDS Industries, Inc., SDS Industries, Inc. d/b/a Timely, and Does
1 to 100, inclusive, Case No. BC644450 (Cal. Super. Ct., December
22, 2016), is brought against the Defendants for failure to pay
minimum and overtime wages in violation of the California Labor
Code.
Timely Industries is a manufacturer of pre-finished steel
doorframes.
The Plaintiff is represented by:
Joseph Lavi. Esq.
Tielle Shu, Esq.
LAVI & EBRAHIMIAN, LLP
8889 West Olympic Boulevard, Suite 200
Beverly Hills, CA 90211
Telephone: (310) 432-0000
Facsimile: (310) 432-0001
SPRINT CORP: "Tharpe" Sues Over Missed Breaks, Reimbursement
-------------------------------------------------------------
Alexandria Jones Tharpe and Nasondra Benson on behalf of
themselves and all others similarly situated and the general
public, Plaintiffs, v. Sprint Corporation, a Sprint Communications
Company, L.P., a Delaware corporation, Sprint United Management
Co., a Delaware corporation and Does 1 to 20, inclusive,
Defendants, Case No. BC644645, (Cal. Super., December 22, 2016),
seeks recovery of unpaid wages in the form of unpaid rest and meal
violation premiums, remedies arising from improper wage
statements, reimbursements for expenses incurred, waiting time
penalties pursuant to California Labor Code, and restitution for
violations of California Business and Professions Code including
full restitution of all compensation retained by Defendants.
Defendants maintain and operate a number of Sprint retail
operations within stores owned and operated by other entities.
Tharpe has worked for Sprint at Wilshire, Sylmar, Newbury Park,
Burbank and Simi Valley Radio Shack Stores while Benson has worked
at their Woodland Hills, Mission Hills and Agoura Hills locations.
Plaintiff is represented by:
Dennis F. Moss, Esq.
MOSS BOLLINGER, LLP
15300 Ventura Blvd., Ste. 207
Sherman Oaks, CA 91403
Telephone: (310) 773-0323
Email: dennis@dennismosslaw.com
- and -
Emil Davtyan, Esq.
DAVTYAN PROFESSIONAL LAW CORPORATION
21900 Burbank Blvd., Suite 300
Woodland Hills, CA 91367-7418
Telephone: (818) 992-2935
Email: emil@davtyanlaw.com
SQUARETRADE INC: Faces "Starke" Class Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been commenced against SquareTrade,
Inc. The case is captioned Adam J. Starke, individually and on
behalf of all others similarly situated v. SquareTrade, Inc., Case
No. 1:16-cv-07036 (E.D.N.Y., December 21, 2016).
SquareTrade, Inc. is a warranty service provider for consumer
electronics and appliances.
Adam J. Starke is a pro se plaintiff.
SSC SERVICE: "Cerrato" Action Seeks Overtime Pay
------------------------------------------------
Liliam Bustillo Cerrato, Maria Juarez Regino, Yolanda Pavon
Gonzalez, Guadalupe Rodriguez Luna, and Blanca Vasquez, on behalf
of themselves and all others similarly situated, Plaintiffs v.
Durham Public Schools Board of Education and SSC Service
Solutions, Inc., Defendants, Case No. 1:16-cv-1431, (M.D. N.C.,
December 21, 2016), seeks to secure their unpaid overtime wages,
liquidated damages, and attorneys' fees and costs under the Fair
Labor Standards Act.
Plaintiffs are former janitorial workers who were employed by
Integrity Facilities Management, Inc., a subcontractor with
Defendant SSC Service Solutions, Inc. They claim to have been
denied overtime pay.
Plaintiff is represented by:
Carol L. Brooke, Esq.
Clermont F. Ripley, Esq.
NORTH CAROLINA JUSTICE CENTER
P.O. Box 28068
Raleigh, NC 27611
Tel: (919) 856-2165
Fax: (919) 856-2175
Email: carol@ncjustice.org
Clermont@ncjustice.org
STARBUCKS CORP: Overtime Pay Sought in "Carrington" Labor Suit
--------------------------------------------------------------
Kileigh Carrington, individually and on behalf of other members of
the general public similarly situated, Plaintiff, v. Starbucks
Corporation, a Washington Corporation, and DOES 1-10, inclusive,
Defendants, Case No. 3:16-cv-03074, (S.D. Cal., December 21,
2016), seeks compensatory damages, back pay, pre-judgment
interest, and other remedies for violation of California's Unfair
Competition Law and California Labor Code.
Plaintiff worked for Defendant through uninterrupted shift
segments in excess of five hours without being provided a meal
period and without overtime pay.
Plaintiff is represented by:
William B. Sullivan, Esq.
Eric K. Yaeckel, Esq.
Clint S. Engleson, Esq.
SULLIVAN LAW GROUP, APC
2330 Third Avenue
San Diego, CA 92101
Tel: (619) 702-6760
Fax: (619) 702-6761
Email: helen@sullivanlawgroupapc.com
yaeckel@sullivanlawgroupapc.com
cengleson@sullivanlawgroupapc.com
STYMCO TECHNOLGIES: Has Made Unsolicited Calls, Medical Suit Says
-----------------------------------------------------------------
Medical & Chiropractic Clinic, Inc., individually and as the
representative of a class of similarly-situated persons v. Stymco
Technolgies, LLC and John Does 1-5, Case No. 8:16-cv-03462-CEH-AAS
(M.D Fla., December 21, 2016), seeks to stop the Defendants'
practice of using an artificial and prerecorded voice to deliver a
message without prior express consent of the called party.
Stymco Technolgies, LLC is a manufacturer of medical equipment.
The Plaintiff is represented by:
Ryan M. Kelly, Esq.
ANDERSON & WANCA
Suite 760, 3701 Algonquin Rd.
Rolling Meadows, IL 60008
Telephone: (847) 368-1500
Facsimile: (847) 368-1501
E-mail: rkelly@andersonwanca.com
SYNUTRA INTERNATIONAL: "Roth" Sues Over Beams Merger Deal
---------------------------------------------------------
Abraham Atachbarian Roth IRA, on behalf of itself and all others
similarly situated, Plaintiff, v. Synutra International, Inc.,
Liang Zhang, Yalin Wu, Lei Lin, Jinrong Chen, Donghao Yang, David
Hui Li, and Beams Power Merger Sub Limited, Defendants, Case No.
1:16-cv-01302 (D. Del., December 22, 2016), seeks preliminary and
permanent enjoinment from proceeding with, consummating, or
closing a planned merger and any vote on the said transaction
and/or rescinding it, awarding rescissory damages, costs of this
action, including reasonable allowance for attorneys' and experts'
fees and such other and further relief under Section 14(a) of the
Securities Exchange Act of 1934.
Synutra entered into an Agreement and Plan of Merger with Beams
Power Investment Limited, a Virgin Island entity whose sole
stockholder and director is Xuiquing Meng. The Company will be
taken private and the Company's minority stockholder will be
squeezed out at $6.05 per share by Zhang who currently controls
over 63% of the company's shares through Beams.
Buyer seeks to solicit minority stockholder approval of the merger
at $5.91 per share, although the Company had been trading at over
$7.00 per share as recently as the first quarter of 2015. It also
muscled its way into the transaction by way of a debt refinancing
scheme.
Synutra International, Inc., is an infant formula company in China
that engages in the production, distribution and sale of dairy
based nutritional products under the Shengyan or Synutra line of
brands. Liang Zhang, Yalin Wu, Lei Lin, Jinrong Chen, Donghao Yang
and David Hui Li are members of the Board of Directors.
Plaintiff are represented by:
Robert D. Goldberg, Esq.
BIGGS & BATTAGLIA
921 N. Orange Street
Wilmington, DE 19801
Tel: (302) 655-9677
- and -
Lynda J. Grant, Esq.
THE GRANT LAW FIRM, PLLC
521 Fifth Avenue, 17th Floor
New York, NY 10175
Tel: (212) 292-4441
Fax: (212) 292-4442
Email: lgrant@grantfirm.com
T.SYSTEMS INC: "Pearson" Suit Seeks to Recover Unpaid Wages
-----------------------------------------------------------
Michael Pearson, Edward Williams, And All Others Similarly
Situated v. T.Systems Inc., Viola Pitts, and ITMC Group Holdings,
Inc., Case No. 3:16-cv-03452-G (N.D. Tex., December 21, 2016),
seeks to recover unpaid back wages, an additional equal amount as
liquidated damages, attorney's fees and costs, and pre- and post-
judgment interest pursuant to the Fair Labor Standards Act.
The Defendants own and operate a staffing and recruitment company
located at 5810 E. Skelly Drive, Tulsa OK 74135.
The Plaintiff is represented by:
Hessam Parzivand, Esq.
THE PARZIVAND LAW FIRM, LLC
10701 Corporate Drive, Suite 185
Stafford, TX 77477
Telephone: (713) 533-8171
Facsimile: (713) 533-8193
E-mail: HP@parzfirm.com
- and -
Niles Illich, Esq.
LAW OFFICE OF NILES ILLICH
701 Commerce St., Suite 400
Dallas, TX 75202
Telephone: (972) 802-1788
Facsimile: (972) 236-0088
E-mail: Niles@appealstx.com
TASTEE KREME: Aguirre Seeks to Certify Class of Delivery Drivers
----------------------------------------------------------------
The Plaintiff in the lawsuit titled David Aguirre, Individually
and similarly situated individuals v. TASTEE KREME #2, INC., and
VAHID KARAMI, Case No. 4:16-cv-02611 (S.D. Tex.), files with the
Court his opposed motion for conditional certification.
Mr. Aguirre seeks conditional certification of a class consisting
of all current and former ice cream delivery drivers or route
drivers employed by the Defendants. He argues that the Fair Labor
Standards Act permits any employee to bring an action to recover
wages owed to "himself . . . and other employees similarly
situated."
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=9l6ca5jU
The Plaintiff is represented by:
Trang Q. Tran, Esq.
TRAN LAW FIRM L.L.P.
2537 S. Gessner Rd., Suite 104
Houston, TX 77063
Telephone: (713) 223-8855
Facsimile: (713) 623-6399
E-mail: Ttran@tranlawllp.com
TELIGENT INC: FWK Holdings Alleges Econazole Price-Fixing
---------------------------------------------------------
FWK Holdings, L.L.C., on behalf of itself and all others similarly
situated, Plaintiff, vs. TELIGENT, INC., PERRIGO COMPANY PLC, TARO
PHARMACEUTICAL INDUSTRIES LTD., and TARO PHARMACEUTICALS USA,
INC., Defendants, Case No. 1:16-cv-09475 (D.N.J., December 27,
2016), alleges that defendants and co-conspirators are engaged in
an overarching anticompetitive scheme in the market for generic
econazole to artificially inflate prices through unlawful
agreements between and among would-be competitors. The plaintiff
seeks damages incurred due to defendants' and co-conspirators'
alleged violations of Section 1 of the Sherman Act.
TELIGENT INC. -- http://www.teligent.com/-- formerly IGI
Laboratories, Inc., is a specialty generic pharmaceutical company.
The Plaintiff is represented by:
John D. Radice, Esq.
A. Luke Smith, Esq.
April D. Lambert, Esq.
RADICE LAW FIRM, P.C.
34 Sunset Blvd.
Long Beach, NJ 08008
Phone: (646) 245-8502
Fax: (609) 385-0745
E-mail: jradice@radicelawfirm.com
- and -
Thomas M. Sobol, Esq.
David S. Nalven, Esq.
Lauren Guth Barnes, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
55 Cambridge Parkway, Suite 301
Cambridge, MA 02142
Phone: 617-482-3700
Fax: 617-482-3003
E-mail: tom@hbsslaw.com
davidn@hbsslaw.com
lauren@hbsslaw.com
- and -
Joseph M. Vanek, Esq.
David P. Germaine, Esq.
John P. Bjork, Esq.
VANEK, VICKERS &MASINI, P.C.
55 W. Monroe, Suite 3500
Chicago, IL 60603
Phone: (312) 224-1500
E-mail: jvanek@vaneklaw.com
dgermaine@vaneklaw.com
jbjork@vaneklaw.com
TEMPLE TERRACE, FL: Lea Family Class Suit Removed to M.D. Florida
-----------------------------------------------------------------
The class action lawsuit styled Lea Family Partnership Ltd., on
behalf of themselves and others similarly situated v. City of
Temple Terrace, Florida and Len Valenti, Case No. 16-CA-10528, was
removed from the 13th Judicial Circuit in and for Hillsborough
County, Florida to the U.S. District Court for the Middle District
of Florida (Tampa). The District Court Clerk assigned Case No.
8:16-cv-03463-JSM-AAS to the proceeding.
The case alleges Civil Rights Act violation.
City of Temple Terrace, Florida is an incorporated city in
northeastern Hillsborough County, Florida.
The Plaintiff is represented by:
Christa L. Collins, Esq.
HARMON WOODS PARKER & ABRUNZO, P.A.
110 N 11th St Fl 2
Tampa, FL 33602-4223
Telephone: (727) 421-9589
Facsimile: (813) 222-3616
E-mail: clc@harmonwoodslaw.com
The Defendant is represented by:
Andrew I. Dayes
Donovan Adam Roper, Esq.
ROPER & ROPER, PA
116 N Park Ave
Apopka, FL 32703
Telephone: (407) 884-9944
Facsimile: (407) 884-4343
E-mail: ddayes@roperandroper.com
email@roperandroper.com
TOKAI PHARMACEUTICALS: "Wu" Suit Removed to Mass. Dist. Ct.
-----------------------------------------------------------
The class action lawsuit styled Hao Wu, individually and on behalf
of all others similarly situated v. Tokai Pharmaceuticals, Inc.,
Jodie Pope Morrison, Lee H. Kalowski, Seth L. Harrison, Timothy
J. Barberich, David A. Kessler, Joseph A. Yanchik, III, BMO
Capital Markets Corp., Stifel, Nicolaus & Company, Incorporated,
William Blair & Company, L.L.C., and Janney Montgomery Scott LLC,
Case No. 16-3725-BLS2, was removed from the Superior Court
Department, Business Litigation Session, of Suffolk County,
Massachusetts to the U.S. District Court for the District of
Massachusetts. The District Court Clerk assigned Case No. 16-cv-
12550 to the proceeding.
The Plaintiff asserts claims under the Federal Securities Act.
The Defendants own and operate a biopharmaceutical company that
develops therapies for patients with prostate cancer and other
hormonally-driven diseases.
The Defendant is represented by:
Michael J. Pineault, Esq.
CLEMENTS & PINEAULT, LLP
24 Federal Street, 3rd Floor
Boston, MA 02110
Telephone: (857) 445-0133
Facsimile: (857) 366-5404
E-mail: mpineault@clementspineault.com
TRANSMERIT MERCHANT: Doesn't Properly Pay Workers, Action Claims
----------------------------------------------------------------
Mikeal A. Spray, individually and on behalf of all others
similarly situated v. Transmerit Merchant Services Los Angeles,
Transmerit Payment Services, LLC, and Does 1 through 50,
inclusive, Case No. BC644831 (Cal. Super. Ct., December 22, 2016),
is brought against the Defendants for willful misclassification of
Class Members as independent contractors, failure to reimburse for
cell phone expenses, mileage, and fuel, failure to provide with
paid rest periods and pay missed rest period premiums, failure to
provide with timely compliant meal periods, and failure to provide
with complete wage statements in violation of California Labor
Code.
The Defendants operate a financial service company that sells
point of sales services and equipment to customers located
throughout California.
The Plaintiff is represented by:
Craig J. Ackermann, Esq.
ACKERMANN & TILAJEF, P.C.
1180 S. Beverly Drive, Suite 610
Los Angeles, CA 90035
Telephone: (310) 277-0614
Facsimile: (310) 277-0635
E-mail: cja@ackermanntilajef.com
- and -
Jonathan Melmed, Esq.
MELMED LAW GROUP P.C.
1180 S. Beverly Drive, Suite 610
Los Angeles, CA 90035
Telephone: (310) 824-3828
Facsimile: (310) 862-6851
E-mail: jm@melmedlaw.com
TYSON FOODS: "Huser" Securities Suit Transferred to W.D. Ark.
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The case captioned WILLIAM HUSER, Individually and on behalf of
all others similarly situated, Plaintiff, v. TYSON FOODS, INC.,
DONNIE SMITH, and DENNIS LEATHERBY, Defendants, Case No. 5:16-cv-
05371-PKH (October 17, 2016) was transferred to the U.S. District
Court for the Western District of Arkansas from the U.S. District
Court for the Central District of California.
The suit alleges that Defendants made false and/or misleading
statements and/or failed to disclose that: (1) since 2008, Tyson
Foods has colluded with the country's leading poultry producers to
manipulate the supply of broiler-chickens in order to keep the
price of broiler-chickens artificially high; (2) from 2013-2016,
Tyson Foods exported hatching eggs to Mexico and other foreign
countries to artificially reduce the supply of broiler-chickens in
the U.S. and to increase the price of broiler-chickens in the
U.S.; (3) in turn, Tyson Foods lacked effective internal control
over financial reporting; and (4) as a result, Tyson Foods' public
statements were materially false and misleading at all relevant
times.
Defendant Tyson Foods, together with its subsidiaries, operates as
a food company worldwide.
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071
Phone: (213) 785-2610
Fax: (213) 226-4684
Email: lrosen@rosenlegal.com
ULTIMATE SERVICES: Makhmudova Seeks Unpaid Wages Under Labor Law
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KLARA MAKHMUDOVA, individually and on behalf of all others
similarly situated, the Plaintiff(s), v. ULTIMATE SERVICES FOR
YOU, INC., the Defendants, Case No. 522696/2016 (N.Y. Sup. Ct.,
Dec. 21, 2016), seeks to recover damages in the amount of unpaid
minimum wages, unpaid overtime compensation, pre-judgment and
post-judgment interest, and attorneys' fees and costs, pursuant to
New York Labor Law (NYLL).
The action arose out of the systematic failure of the Defendant to
pay Plaintiff and others similarly situated for all hours
worked, time and one half the minimum wage rate for hours worked
in excess of 40 in a work week, spread of hours pay for the days
in which Plaintiff and the Class Members worked in excess of ten
hours, and to provide pay stubs and other wage notices that
conform with the requirements of the NYLL and applicable
regulations. The Plaintiff worked as a Home Health Aide and/or a
Home Attendant. At the start and end of each work day, Plaintiff
would phone in to record her hours. However, Plaintiff was not
paid for all of these recorded hours. Moreover, although Plaintiff
regularly worked over forty hours in a workweek, she was not paid
overtime for all hours worked in excess of forty.
The Defendant provides home health care to frail elderly
individuals who live in New York City.
The Plaintiff is represented by:
NAYDENSKIY LAW GROUP, P.C.
Gennadiy Naydenskiy, Esq.
1517 Voorhies Ave, 2nd FI.
Brooklyn, NY 11235
Telephone: (718) 808 2224
E-mail: naydenskiylaw@gmail.com
UNIVERSAL HEALTH: Faces "Heed" Securities Suit Over Disclosures
---------------------------------------------------------------
DAVID HEED, Individually and on Behalf of All Others Similarly
Situated, Plaintiff, v. UNIVERSAL HEALTH SERVICES, INC., ALAN B.
MILLER, and STEVE FILTON, Defendants, Case No. 2:16-cv-09499 (C.D.
Cal., December 23, 2016), alleges that Defendants violated the
U.S. Securities and Exchange Act by making false and/or misleading
statements and/or failed to disclose that: (1) Universal Health
admitted patients based on its own financial considerations and
not upon the medical necessity of the patient; (2) Universal
Health would keep patients admitted until their insurance payments
ran out in order to ensure the maximum payment for its services;
(3) as a result, Universal Health's revenues from inpatient care
relied on unsustainable practices; (4) in turn, Universal Health
lacked effective internal control concerning its practices and
policies of admitting patients; and (5) as a result, Universal
Health's public statements were materially false and misleading at
all relevant times.
Defendant Universal Health, through its subsidiaries, owns and
operates acute care hospitals, behavioral health centers, surgical
hospitals, ambulatory surgery centers, and radiation oncology
centers.
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071
Phone: (213) 785-2610
Fax: (213) 226-4684
Email: lrosen@rosenlegal.com
UPM INC: "Banegas" Suit Seeks Unpaid Wages Under Labor Code
-----------------------------------------------------------
WILFREDO BANEGAS as an individual and on behalf of all others
similarly situated, the Plaintiff, v. UPM, INC., a California
Corporation; and DOES 1-100, the Defendant, Case No. BC644488
(Cal. Super. Ct., Dec. 21, 2016), seeks to recover unpaid wages
and penalties under California Business and Professions Code, the
Labor Code, and Industrial Welfare Commission Wage Order.
The Plaintiff was employed by Defendants as a non-exempt employee.
The Plaintiff was, and is, an alleged victim of Defendants'
policies and/or practices, lost money and/or property, and has
been deprived of the rights guaranteed by the Labor Code.
During Plaintiff's employment with Defendants, Plaintiff often
worked seven consecutive days in a workweek, and he worked in
excess of eight hours on the seventh day of a workweek, but did
not receive double time compensation equal to two times his
regular rate of pay for work in excess of eight hours on the
seventh day of a workweek. Rather, based upon information and
belief, Plaintiff was only compensated at one and one half times
his regular rate of pay for work in excess of eight hours on the
seventh day of a workweek. As a result, Plaintiff and other non-
exempt employees were not compensated for all required double time
wages.
The Plaintiff is represented by:
HAINES LAW GROUP, APC
Paul K. Haines, Esq.
Tuvia Korobkin, Esq.
Sean M. Blakely, Esq.
2274 East Maple Ave.
El Segundo, CA 90245
Telephone: (424) 292 2350
Facsimile: (424) 292 2355
E-mail: phaines@haineslawgroup.com
tkorobkin@haineslawgroup.com
sblakely@haineslawgroup.com
WINFIELD MURDOCK: "Blanford" Suit to Recover Minimum, Overtime Pay
------------------------------------------------------------------
Edward Scott Blanford, and others similarly situated, Plaintiff,
v. Winfield Murdock Creative Works, LLC, Roger A. Agness and
George J. Pereira, individually, Defendants, Case No. 6:16-cv-
02191, (M.D. Fla., December 22, 2016), asserts violation of the
Fair Labor Standards Act of 1938. The suit seeks to recover
overtime compensation and minimum wage.
Winfield Murdock LLC provides costume design services where
Blandford has been employed as a sales and marketing employee.
Plaintiff is represented by:
N. James Turner, Esq.
100 S. Bumby Ave.
Orlando, FL 32803
Telephone: (888) 877-5103
Email: njtlaw@gmail.com
WYNDHAM WORLDWIDE: Faces "Foutz" Suit Alleging FLSA Violations
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KENDRA FOUTZ and NIKKI COLEMAN, individuals, on behalf of
themselves, and on behalf of all persons similarly situated,
Plaintiffs, vs. WYNDHAM WORLDWIDE OPERATIONS, INC., a Delaware
corporation, Defendant, Case No. 3:16-cv-03489-L (N.D. Tex.,
December 22, 2016), seeks to have all Payroll Analyst staff
members reclassified as non-exempt and recover all the
compensation that Defendant, Wyndham Worldwide Operations, Inc.
was allegedly required by law to provide, but failed to provide
under the Fair Labor Standards Act.
Defendant WWO does business in the State of Texas operating
several hundred hotel and resort locations throughout the state.
The Plaintiff is represented by:
John H. Allen, III, Esq.
Jennifer Williams, Esq.
Amber Martin, Esq.
JACKSON ALLEN & WILLIAMS, LLP
3838 Oak Lawn Ave., Suite 1100
Dallas, TX 75219
Phone: (214) 521-2300
Fax: (214) 452-5637
E-mail: tallen@jacksonallenfirm.com
jwilliams@jacksonallenfirm.com
amartin@jacksonallenfirm.com
YAHOO! INC: Faces "Johnson" Suit Over August 2013 Data Breach
-------------------------------------------------------------
JOHN JOHNSON, Individually and on behalf of all others similarly
situated, Plaintiffs, v. YAHOO! INC., Defendant, Case No. 5:16-cv-
07291 (N.D. Cal., December 22, 2016) was filed over Yahoo's
failure to create and implement proper security mechanisms to
safeguard its customers' personal information, resulting to an
August 2013 hack, which was revealed in the company's December 14,
2016 filing with the Securities and Exchange Commission.
Yahoo is a global internet media company that offers
communications, content, and a community platform that delivers
consumer experiences and advertising solutions across digital
screens.
The Plaintiff is represented by:
Joseph W. Cotchett, Esq.
Nanci E. Nishimura, Esq.
Adam J. Zapala, Esq.
Camilo Artiga-Purcell, Esq.
COTCHETT, PITRE & McCARTHY, LLP
San Francisco Airport Office Center
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Phone: (650) 697-6000
Fax: (650) 697-0577
E-mail: jcotchett@cpmlegal.com
nnishimura@cpmlegal.com
azapala@cpmlegal.com
cartigapurcell@cpmlegal.com
YAHOO INC: "Filares" Class Suit Consolidated in MDL 2752
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The class action lawsuit captioned Francisco Filares, individually
and on behalf of all others similarly situated v. Yahoo Inc., Case
No. 3:16-cv-02464, was transferred from the U.S. District Court
for the Southern District of California to the U.S. District Court
for the Northern District of California (San Jose). The District
Court Clerk assigned Case No. 5:16-cv-07227-LHK to the proceeding.
The lawsuit is consolidated in the multidistrict litigation known
as In re: Yahoo Inc. Personal Property Damage Litigation, MDL No.
2752.
Yahoo Inc. is a multinational technology company headquartered in
Sunnyvale, California.
The Plaintiff is represented by:
Natasha Azadeh Naraghi, Esq.
LAW OFFICES OF ALEXANDER M. SCHACK
16870 W. Bernardo Drive, Suite 400
San Diego, CA 92127
Telephone: (858) 485-6535
Facsimile: (858) 485-0608
E-mail: natashanaraghi@amslawoffice.com
The Defendant is represented by:
Jason J. Kim, Esq.
HUNTON & WILLIAMS, LLP
550 South Hope Street, Suite 2000
Los Angeles, CA 90240
Telephone: (213) 532-2000
Facsimile: (213) 532-2020
E-mail kimj@hunton.com
ZAPPOROO LLC: Faces "Durden" Lawsuit Seeking OT Pay Under FLSA
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ANDREW DURDEN, CARLOS VISO, CHRISTOPHER DIEGUEZ, KRISTOPHER MESA,
and SASHA HERNANDEZ and other similarly situated individuals,
Plaintiff(s), v. ZAPPOROO, LLC, JOEL CORDLE II, JOSHUA DAMIEN
CORDLE, CARMEN LAKATIS and JOHN EDWARD LAKATIS, Defendants, Case
No. 1:16-cv-25331-JAL (S.D. Fla., December 27, 2016), seeks to
recover money damages for alleged unpaid overtime and minimum
wages under the Fair Labor Standards Act.
Zapporoo is an app development company.
The Plaintiff is represented by:
Edward Rosenberg, Esq.
SORONDO ROSENBERG PA
1825 Ponce de Leon Blvd. #329
Coral Gables, FL 33134
Phone: 786.708.7550
Email: rer@sorondorosenberg.com
*********
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