/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/170314.mbx C L A S S A C T I O N R E P O R T E R Tuesday, March 14, 2017, Vol. 19, No. 52 Headlines 3M COMPANY: Morgan County Residents' Action Still Stayed 3M COMPANY: Franklin County Resident's Action Still Stayed 3M COMPANY: West Morgan-East Lawrence Suit Still Pending 3M COMPANY: 7 Drinking Water Suits Filed in Colo. & Pennsylvania 4175 LLC: "Siu" Suit Seeks Certification of FLSA Class 56 EAST SUNRISE: "Ali" Suit Seeks Overtime Wages Under Labor Law 7TH AVENUE SHOES: "Martinez" Suit Seeks OT & Minimum Wages ACCELERATED RECEIVABLES: Robinson Sues Over Debt Collection ACCREDITING BUREAU: "Todorovich" Suit Removed to S.D. Florida ADVANCED DRAINAGE: "Wyche" Class Suit Remains Pending AEROCRAFT HEAT: Faces "Weiner" Suit Over Environmental Pollution AIR METHODS: "Adams" Class Suit Transferred to Colorado Ct. ALCOBRA LTD: Raul Sues Over Securities Exchange Act Violations ALDI INC: Store Managers Class Certified in "Griffin" Suit ALLIANCEONE: Accused Wrongful Conduct Over Debt Collection ALPINE ACCESS: "Morse" Sues Over FLSA, NY, Ill. Wage Law Breach ALSALAM INC: "Rodriguez" Suit Can't Proceed as Collective Action AMERICAN AIRLINES: "Ballard" Suit Alleges Breach of Contract AMERICAN BLASTING: Miranda Seeks to Recover Unpaid Overtime Wages AMERICAN HONDA: April 10 Hearing on "Grodzitsky" Class Cert. Bid ALSTON PERSONAL: Hollis Seeks Conditional Class Certification ARBY'S RESTAURANT: First Choice Files Suit in N.D. Georgia ARYA SECURITY: "Fisher" Suit Seeks Unpaid Wages Under Labor Code ASSET RECOVERY: Accused Wrongful Conduct Over Debt Collection BETTY'S CATERING: Faces "Romero" Suit Over Unpaid Service Charge BHC ALHAMBRA: "Zeledon" Suit Seeks Relief Under Labor Code BLUEGREEN VACATIONS: "Paxton" Suit Seeks FLSA Class Certification BONDED COLLECTORS: Kobleski Files Placeholder Class Cert. Bid BOURBON AND BEEF: Rossi et al. Allege Discrimination & Harassment BUSINESS LAW GROUP: Wilmington Savings' Class Cert. Bid Denied CAMERON MITCHELL: Faces "Anderson" Suit Over ADA Violation CEDAR VIEW: "Landers-O'Connor" Class Suit Transferred to D. Mass. CENERGY PARTNERS: "Brittman" Alleges Non-payment of OT Work CENTRAL COLLECTION: Kobleski Files Placeholder Class Cert. Bid CERES CITY, CA: "Quiroz" Suit Seeks Unpaid Overtime Under FLSA CHARLESTON MEDICAL: "Jarrell" Suit Seeks Unpaid Wages Under FLSA CHEESECAKE FACTORY: Faces "Zhang" Suit Alleging FACTA Violation CITIZENS FINANCIAL: Placeholder Bid for Class Certification Filed CIVITAS SOLUTIONS: 2 Wage & Hour Cases Pending in California CONTACTABILITY.COM LLC: Class Certification Sought in "Michelski" COOK COUNTY, IL: Sued Over Auditing and Accounting Policies CORAL TELL: Continues to Face Class Suit in Israel COVISINT CORPORATION: Securities Class Action Settlement Approved CREATIVE HEALTH: "Leffler" Suit Seeks Certification of FLSA Class CRESCENT CONSULTING: "Whitlow" Suit Seeks to Certify FLSA Class CSAA INSURANCE: Faces "Rahim" Suit Alleging Violation of FLSA DONOR NETWORK: "Berry" Suit Alleges Wage & Hour Violations DOW CHEMICAL: April 28 Fairness Hearing on Rocky Flats Settlement DYNAMIC RECOVERY: Tesch Files Placeholder Class Certification Bid EAST TEXAS MEDICAL: Faces "Young" Class Suit in N.D. Oklahoma EMERGENCY COVERAGE: "Harbin" Suit Seeks Class Certification ESSA BANCORP: To Defend Class Suit Over Kickbacks EXPERIAN INFORMATION: Reyes Seeks to Certify 2 FCRA Classes EXXON MOBIL: Goldstein et al. Sue Over 2015 Refinery Explosion FIFTH STREET: Settlement of Securities Litigation Wins Final OK FIFTH STREET: Plaintiff Fees Paid from Insurance Coverage FIRST STEP: Kobleski Files Placeholder Class Certification Bid FITNESS INTERNATIONAL: "Morrison" Suit Seeks Unpaid Wages FLOWERAMA INC: "Rubio" Suit Alleges Labor Law Violations FOFO'S TOY: Morgan & Curtis Assoc. Sues Over Spam Fax FORD MOTOR: Still Defends Sudesh Agrawal Class Suit FREEMAN DECORATING: March 27 Hearing on Class Certification Bid FUSIONPHARM INC: Sued in Colo. Over Securities Laws Violations GARCIA PAEZ: Illegally Collects Debt, "Pepper" Suit Claims GENERAC POWER: Swisegood Sues Over Defective Generator GENWORTH FINANCIAL: Rosenfeld Family Suit Moved to E.D. Va. GLOBAL EAGLE: M&M Hart Trust Sues Over Exchange Act Violations GREAT AMERICAN: Faces "Wasserman" Suit Over Failure to Pay OT IDEAL CONCEPTS: Faces "Gould" Suit Over Unsolicited Calls IMMEDIATE CREDIT: March 20 Hearing on "Hovermale" Class Cert. Bid IMMUNOMEDICS INC: Hagens Berman, Lite DePalma to Lead Case IMMUNOMEDICS INC: "Desanctis" Stockholder Suit Underway INNOVATIVE DINING: Teeter Seeks Unpaid Wages Under Labor Code ISORAY INC: Settlement of Securities Litigation Wins Final OK ITERIS INC: Defendants' Answer to Stockholder Suit Due April 20 JAGUAR LAND: Faces "Quesada" Suit in S.D. Fla. JAKLITSCH BUILDERS: Guastafeste Sues Over Breach of Contract KAREEM CORP: Faces "Presti" Suit in Caif. Super. Ct. LABORATORY EXPRESS: Lake Seeks Unpaid Wages Under Labor Code LINCOLN TRANSPORTATION: Faces "Morales" Wage and Labor Suit LIRA OF NEW YORK: "Sanchez" Suit Seek to Recover Unpaid OT Wages LISNR INC: "Rackemann" Suit Transferred to S.D. Indiana LJ ROSS: White Sues in E.D. Mich. Over Debt Collection Violations LLR INC: Webster Sues Over Unauthorized Collection of Sales Taxes LULULEMON USA: Faces "Anderson" Class Suit in E.D.N.Y MAPLEBEAR INC.: Camp et al. Allege Misclassification Under FLSA MAPLEBEAR INC: "Kikano" Suit Seeks Unpaid Wages Under Labor Code MERRILL LYNCH: "Jiao" Asserts Customer Protection Rule Violation MIDLAND CREDIT: Illegally Collects Debt, "Greene" Suit Claims MITCHELL D. BLUHM: Wolschlager Seeks Certification of 3 Classes NCB MANAGEMENT: Illegally Collects Debt, "Richardson" Suit Says NISSAN NORTH AMERICA: "Chiarelli" Suit Seeks to Certify Class NOMAC DRILLING: "Shultz" Suit Seeks Overtime Wages Under FLSA NORTHLAND GROUP: March 20 Preliminary Settlement Approval Hearing NORTHLAND GROUP: Menear et al. File Placeholder Class Cert. Bid NOVO NORDISK: Class Suit Re-Filed in New Jersey NRA GROUP: Faces "Jsilberberg" Suit in Eastern Dist. of New York NYC LAUNDROMAT: Faces "Sanchez" Suit Over Failure to Pay Overtime ONONDAGA COUNTY, NY: Suit Over Juvenile Law Wins Class Cert. ORANGE COUNTY: Faces "Doucet" Suit Over Failure to Pay Overtime P&G LIQUOR: Wangchuk Seeks Unpaid Wages, OT Under Labor Law PRO COM: Vega Files Placeholder Class Certification Motion PROGRESSIVE FINANCIAL: Placeholder Class Cert. Motion Filed PRUDENTIAL BANCORP: Settlement Hearing Scheduled for March 31 R & E CORP: "Nunez" Suit Seeks Unpaid OT Compensation Under FLSA R&J TRUCKING: Faces "Vayda" Lawsuit Alleging Violation of FLSA R&Q FOODS: "Hopkins" Suit Seeks Unpaid Overtime Pay Under FLSA QUALCOMM INC: Zatlin Sues Over Baseband Processor Market Monopoly RAW ELECTRICAL: Faces "Suniga" Suit Alleging Violation of FLSA RISING SUN: Faces "Lin" Suit Over Failure to Pay Overtime Wages ROBERT ANDREWS: "Newman" Suit Seeks Unpaid Wages SAKS FIFTH: Faces "Payton" Lawsuit Alleging Violation of TCPA SALESFORCE.COM: Faces "Lira" Suit Over Automatic Renewal SAMSUNG ELECTRONICS: Faces "Bradley" Suit Over Washing Machines SCCY INDUSTRIES: Sued Over Faulty Firearm-Holster Design SEE'S CANDY: "Salazar" Suit Seeks Overtime Wages Under Labor Code SEQUENTIAL-PACIFIC: "Coney" Suit Alleges Labor Law Violations SMILE BRANDS: Romano Sues Over Dental Services Financing SITO MOBILE LTD: Sued in D.N.J. Over Exchange Act Violations SOUTHEAST ALABAMA RURAL: "Carrigan" Suit Transferred to M.D. Ala. SQUIP INC: Lackawanna Chiropractic Alleges Violation of TCPA SP PLUS CORP: "Savett" Suit Alleges Debit Card Fraud SR LONG BEACH: "Aguero" Suit Seeks Unpaid Wages Under Labor Code STATE FARM: MAO-MSO Suit Seeks Medical Expenses Reimbursement STUART PETROLEUM: "Brister" Suit Seeks Unpaid OT Wages Under FLSA SURGICAL CARE: Faces "Steinberg" Suit Over Misleading Statements SYNUTRA INTERNATIONAL: Motion to Expedite "Murillo" Case Denied TASTE OF NATURE: Under-Fills Candy Boxes, Tsuchiyama Claims TOYOTA LEASE TRUST: Violated Leasing Act, "Chase" Suit Claims U.S. BANK: Court Denied Class Certification in "Smith" UBIQUITI NETWORKS: Shareholder Class Action Lawsuits Pending UNILEVER US: June 5 Settlement Approval Hearing Set in "Fleming" UNILIFE CORPORATION: Agreement-in-Principle Reached UNIVERSAL FIDELITY: Must Defend Against "Mikolajczyk" Suit US RX: Class Certification Hearing in "Dees" Suit Reset to May 1 VACATION CONSULTING: "Fitzhenry" Suit Seeks Class Certification VIACOM INC: Motion to Dismiss Amended Stockholders' Suit Underway VIVINT INC: "Whitehead" Suit to Assert Common Law Fraud Claims WAUPACA FOUNDRY: "Sarrell" Suit Asserts Overtime Violations WELLS FARGO: Class Certification Bid in "Miller" Suit Denied WHITEPAGES INC: Removed "Klinger" Class Suit to N.D. Illinois ********* 3M COMPANY: Morgan County Residents' Action Still Stayed -------------------------------------------------------- 3M Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016, that a second purported class action lawsuit filed by three residents of Morgan County, Alabama, remains stayed. A former employee filed a purported class action lawsuit in 2002 in the Circuit Court of Morgan County, Alabama (the St. John case), seeking unstated damages and alleging that the plaintiffs suffered fear, increased risk, subclinical injuries, and property damage from exposure to certain perfluorochemicals at or near the Company's Decatur, Alabama, manufacturing facility. The court in 2005 granted the Company's motion to dismiss the named plaintiff's personal injury-related claims on the basis that such claims are barred by the exclusivity provisions of the state's Workers Compensation Act. The plaintiffs' counsel filed an amended complaint in November 2006, limiting the case to property damage claims on behalf of a purported class of residents and property owners in the vicinity of the Decatur plant. In June 2015, the plaintiffs filed an amended complaint adding additional defendants, including BFI Waste Management Systems of Alabama, LLC; BFI Waste Management of North America, LLC; the City of Decatur, Alabama; Morgan County, Alabama; Municipal Utilities Board of Decatur; and Morgan County, Alabama, d/b/a Decatur Utilities. In 2005, the judge in a second purported class action lawsuit filed by three residents of Morgan County, Alabama, seeking unstated compensatory and punitive damages involving alleged damage to their property from emissions of certain perfluorochemical compounds from the Company's Decatur, Alabama, manufacturing facility that formerly manufactured those compounds (the Chandler case) granted the Company's motion to abate the case, effectively putting the case on hold pending the resolution of class certification issues in the St. John case. Despite the stay, plaintiffs filed an amended complaint seeking damages for alleged personal injuries and property damage on behalf of the named plaintiffs and the members of a purported class. No further action in the case is expected unless and until the stay is lifted. 3M COMPANY: Franklin County Resident's Action Still Stayed ---------------------------------------------------------- 3M Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016, that a class action lawsuit by a resident of Franklin County, Alabama, remains stayed. In February 2009, a resident of Franklin County, Alabama, filed a purported class action lawsuit in the Circuit Court of Franklin County (the Stover case) seeking compensatory damages and injunctive relief based on the application by the Decatur utility's wastewater treatment plant of wastewater treatment sludge to farmland and grasslands in the state that allegedly contain PFOA, PFOS and other perfluorochemicals. The named plaintiff seeks to represent a class of all persons within the State of Alabama who have had PFOA, PFOS, and other perfluorochemicals released or deposited on their property. In March 2010, the Alabama Supreme Court ordered the case transferred from Franklin County to Morgan County. In May 2010, consistent with its handling of the other matters, the Morgan County Circuit Court abated this case, putting it on hold pending the resolution of the class certification issues in the St. John case. 3M COMPANY: West Morgan-East Lawrence Suit Still Pending -------------------------------------------------------- 3M Company continues to defend the lawsuit by West Morgan-East Lawrence Water & Sewer Authority, the Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016. In October 2015, West Morgan-East Lawrence Water & Sewer Authority (Water Authority) filed an individual complaint against 3M Company, Dyneon, L.L.C, and Daikin America, Inc., in the U.S. District Court for the Northern District of Alabama. The complaint also includes representative plaintiffs who brought the complaint on behalf of themselves, and a class of all owners and possessors of property who use water provided by the Water Authority and five local water works to which the Water Authority supplies water (collectively, the "Water Utilities"). The complaint seeks compensatory and punitive damages and injunctive relief based on allegations that the defendants' chemicals, including PFOA and PFOS from their manufacturing processes in Decatur, have contaminated the water in the Tennessee River at the water intake, and that the chemicals cannot be removed by the water treatment processes utilized by the Water Authority. In September 2016, the court granted 3M's motion to dismiss plaintiffs' trespass claims with prejudice, negligence claims for personal injuries, and private nuisance claims, and denied the motion to dismiss the plaintiffs' negligence claims for property damage, public nuisance, abatement of nuisance, battery and wantonness. 3M COMPANY: 7 Drinking Water Suits Filed in Colo. & Pennsylvania ---------------------------------------------------------------- 3M Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016, that as of December 31, 2016, seven purported class actions were filed against 3M and other defendants in U.S. District Court - three in the District of Colorado and four in the Eastern District of Pennsylvania. The complaints seek unstated damages and other remedies, such as medical monitoring, and allege that the plaintiffs suffered personal injury and property damage from drinking water supplies contaminated with certain PFCs used in Aqueous Film Forming Foam (AFFF) at current or former airports and air force military bases located in Colorado and Pennsylvania. 4175 LLC: "Siu" Suit Seeks Certification of FLSA Class ------------------------------------------------------ In the lawsuit styled SIU CHING HA and PAK CHUAN LEONG, on behalf of themselves and others similarly situated, the Plaintiffs, v. 4175 LLC d/b/a Baumgart's Cafe, BAUMGART CAFE OF LIVINGSTON d/b/a Baumgart's Cafe, BAUMGART RESTAURANT, INC. d/b/a Baumgart's Cafe, BAUMGART EDGEWATER CORP. d/b/a Baumgart's Cafe, BAUMGART OF RIDGEWOOD, INC. d/b/a Baumgart's Cafe, JOSEPH YUAN, ZONG HOU XIE a/k/a Peter Xie, GOT-FU WANG a/k/a Sam Wang, STEVE WU, MARSHA WU, and LEUNG FONG HO a/k/a Alex Ho, the Defendants, Case No. 2:15-cv- 05530-ES-MAH (D.N.J.), the Plaintiffs will move the United States District Court for the District of New Jersey, before the Hon. Judge Michael A. Hammer, for an order: 1. granting collective action status, under the Fair Labor Standards Act (FLSA); 2. ordering the Defendants to produce a Microsoft Excel data file containing contact information, including but not limited to last known mailing addresses, last known telephone numbers, last known email addresses, Social Security numbers, work locations, and dates of employment for all those individuals who have worked for the Defendants as a non-managerial employee between July 14, 2012 and the date this Court decides this Motion; 3. authorizing that notice of this matter be sent to members of the putative class; 4. authorizing equitable tolling of the statute of limitation pending the expiration of the opt-in period; and 5. ordering the Defendants to post the approved Proposed Notice in conspicuous locations at the location where the Prospective Collective Action Members worked, or are now working. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=9TWguzLK The Plaintiffs are represented by: Michael Taubenfeld, Esq. FISHER TAUBENFELD LLP - and - John Troy, Esq. TROY LAW, PLLC 41-25 Kissena Boulevard Suite 119 Flushing, NY 11355 Telephone: (718) 762 1324 56 EAST SUNRISE: "Ali" Suit Seeks Overtime Wages Under Labor Law ---------------------------------------------------------------- HAIDER AH, on behalf of himself and all others similarly situated, the Plaintiff, v. 56 EAST SUNRISE CORP d/b/a DUNKIN DONUTS, SUZANNE JANTZEN and DIANE MORALES, the Defendants, Case No. 702590/2017 (N.Y. Sup. Ct., Feb. 23, 2017), seeks to recover unpaid overtime wages, attorneys' fees, costs, and pre-judgment and post-judgment interest under New York Labor Law. The Plaintiff brought the action on behalf of himself and all other similarly situated assistant managers who worked more than 40 hours in a week and were not paid overtime during the period commencing six years prior to the filing of the action and continuing until such further date as the practices complained of are discontinued. Dunkin' Donuts is an American global donut company and coffeehouse chain based in Canton, Massachusetts, in Greater Boston. The Plaintiff is represented by: THE LAW FIRM OF LOUIS GINSBERG, P.C. 1613 Northern Boulevard Roslyn, NY 11576 Telephone: (516) 625 0105 7TH AVENUE SHOES: "Martinez" Suit Seeks OT & Minimum Wages ---------------------------------------------------------- JACKELIN J RODRIGUEZ MARTINEZ and all others similarly situated under 29 U.S.C. 216(b), the Plaintiff, v. 7TH AVENUE SHOES INC a/k/a SHOE TIME, MALIK WAQAS, the Defendants, Case No. 1:17-cv- 20728-JAL (S.D. Fla., Feb. 23, 2017), seeks to recover overtime and/or minimum wages for work performed in excess of 40 hours weekly from the filing of the complaint back three years, pursuant to the Fair Labor Standards Act (FLSA). The Defendants willfully and intentionally refused to pay Plaintiff's overtime wages as required by FLSA as Defendants knew of the overtime requirements of the FLSA and recklessly failed to investigate whether Defendants' payroll practices were in accordance with the FLSA, the Complaint alleges. The Defendant operates a shoe store. The Plaintiff is represented by: J.H. Zidell, Esq. J.H. ZIDELL, P.A. 300 71st Street, Suite 605 Miami Beach, FL 33141 Telephone: (305) 865 6766 Facsimile: (305) 865 7167 E-mail: ZABOGADO@AOL.COM ACCELERATED RECEIVABLES: Robinson Sues Over Debt Collection ----------------------------------------------------------- Trisha Robinson, on behalf of herself and all others similarly situated, the Plaintiff, v. Accelerated Receivables Solutions (A.R.S.), Inc. and David W. Brostrom, the Defendants, Case No. 8:17-cv-00056 (D. Neb., Feb. 23, 2017), seeks declaratory judgment, injunctive relief, actual and statutory damages against the Defendants. The case is a consumer credit class action brought pursuant to the Fair Debt Collection Practices Act and the Nebraska Consumer Protection Act. The suit arises from Defendants' routine practices of: (1) filing county court collection complaints against Nebraska consumers, for the purpose of availing themselves of statutory attorney fees, and/or prejudgment interest when in fact Defendants do not meet the statutory requirements and (2) Defendants' routine practices of attempting to collect any amounts for attorney fees, and/or interest on their standard lawsuits stating a claim for "services and supplies" with in-house counsel and without meeting the statutory requirements. The Defendants are debt collectors. The Plaintiff is represented by: Pamela A. Car, Esq. William L. Reinbrecht, Esq. CAR & REINBRECHT, P.C., LLO 8720 Frederick Street, Suite 105 Omaha, NE 68124 Telephone: (402) 391 8484 Facsimile: (402) 391 1103 E-mail: pacar@cox.net billr205@gmail.com - and - Tregg R. Lunn, Esq. LAW OFFICE OF TREGG LUNN 830 L St. Ste. 200 Lincoln, NE 68508 Telephone: (402) 730 7021 E-mail: tregg@tregglunnlaw.com ACCREDITING BUREAU: "Todorovich" Suit Removed to S.D. Florida ------------------------------------------------------------- The class action lawsuit captioned Katarina Todorovich, individually and on behalf of all others similarly situated v. Accrediting Bureau of Health Education Schools, Inc., Case No. 16- 030154-CA-01, was removed from the 11th Judicial Circuit Court to the U.S. District Court for the Southern District of Florida (Miami). The District Court Clerk assigned Case No. 1:17-cv-20744- CMA to the proceeding. Accrediting Bureau of Health Education Schools, Inc. is recognized by the US Department of Education as an accrediting agency of post-secondary institutions and programs primarily in the allied health field. The Plaintiff is represented by: K. Brian Roller, Esq. SCHWARTZ ZWEBEN ROBINS BURNETTE & ROLLER 3876 Sheridan Street Hollywood, FL 33021 Telephone: (954) 966-2483 Facsimile: (954) 374-6974 E-mail: broller@szalaw.com The Defendant is represented by: Jeanne K. Spital, Esq. Edward Samuel Polk, Esq. COLE, SCOTT AND KISSANE, P.A. 9150 S. Dadeland Blvd., Suite 1400 Miami, FL 33156 Telephone: (305) 350-5300 Facsimile: (305) 373-2294 E-mail: jeanne.spital@csklegal.com edward.polk@csklegal.com ADVANCED DRAINAGE: "Wyche" Class Suit Remains Pending ----------------------------------------------------- Advanced Drainage Systems, Inc. continues to defend the class action lawsuit by Christopher Wyche, the Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016. On July 29, 2015, a putative stockholder class action, Christopher Wyche, individually and on behalf of all others similarly situated v. Advanced Drainage Systems, Inc., et al. (Case No. 1:15-cv- 05955-KPF), was commenced in the U.S. District Court for the Southern District of New York, naming the Company, along with Joseph A. Chlapaty, the Company's Chief Executive Officer, and Mark B. Sturgeon, the Company's former Chief Financial Officer, as defendants and alleging violations of the federal securities laws. An amended complaint was filed on April 28, 2016. The amended complaint alleges that the Company made material misrepresentations and/or omissions of material fact in its public disclosures during the period from July 25, 2014 through March 29, 2016, in violation of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as amended, and Rule 10b-5 promulgated thereunder. Plaintiffs seek an unspecified amount of monetary damages on behalf of the putative class and an award of costs and expenses, including counsel fees and expert fees. The Company believes that it has valid and meritorious defenses and will vigorously defend against these allegations, but litigation is subject to many uncertainties and the outcome of this matter is not predictable with assurance. While it is reasonably possible that this matter ultimately could be decided unfavorably to the Company, the Company is currently unable to estimate the range of the possible losses, but they could be material. Advanced Drainage Systems, Inc., a Delaware Corporation, designs, manufactures and markets high performance thermoplastic corrugated pipe and related water management products, primarily in North and South America and Europe. The broad product line includes corrugated high density polyethylene (or "HDPE") pipe, polypropylene (or "PP") pipe and related water management products. AEROCRAFT HEAT: Faces "Weiner" Suit Over Environmental Pollution ---------------------------------------------------------------- ALLISON WEINER, an individual; DAVID REDD, an, individual; SUSAN WEINER, an individual; PENELOPE REDD, a minor by and through her Guardian Ad Litem, ALLISON WEINER; LORI GUILLEN, an individual; DAMON HONAKER, an individual, Plaintiffs, vs. AEROCRAFT HEAT TREATING CJ 3 COMPANY, INC. a California Corporation, ANAPLEX CORPORATION, a California Corporation, PRECISION CASTPARTS CORPORATION, an Oregon Corporation, CARLTON FORGE WORKS, INC. a California Corporation, WEBER METALS, INC., a California Corporation, MATTCO FORGE, INC., a California Corporation, PRESS FORGE COMPANY, a California Corporation, and DOES 1 through 300 Inclusive, Defendants, Case No. BC 652102 (Cal. Super., County of Los Angeles, February 28, 2017), arises from Defendants alleged improper use and maintenance of their respective facilities and their deliberate and intentional disposal and/or emission of the toxic hexavalent chromium on and around the surrounding communities of Paramount, California. The suit was filed on behalf of Plaintiff and all others similarly situated who have been damaged as a result of Defendants' alleged release of hexavalent chromium and resulting to contamination of the surrounding air, surface and subsurface soil and surrounding environment. AEROCRAFT HEAT TREATING CJ 3 COMPANY, INC. is in the business of processing forgings, castings, bar, plate and rough-machined parts. The Plaintiff is represented by: Thomas V. Girardi, Esq. Robert W. Finnerty, Esq. Joseph R. Finnerty, Esq. Michael P. Kelly, Esq. GIRARDI & KEESE 1126 Wilshire Blvd. Los Angeles, CA 90017 Phone: (213) 977-0211 Fax: (213) 481-1554 AIR METHODS: "Adams" Class Suit Transferred to Colorado Ct. ----------------------------------------------------------- The class action lawsuit captioned Edward Lee Adams, Joel Griffith, Reid Hardy, and Michael Robertson, on behalf of themselves and all others similarly situated v. Air Methods Corporation and Rocky Mountain Holdings, LLC, Case No. 3:15-cv- 01683, was transferred from the District of South Carolina to the U.S. District Court for the District of Colorado (Denver). The District Court Clerk assigned Case No. 1:17-cv-00502 to the proceeding. The case asserts breach of contract. The Defendants are in the business of providing air medical transportation services throughout the United States. ALCOBRA LTD: Raul Sues Over Securities Exchange Act Violations -------------------------------------------------------------- JONATHAN RAUL, individually and on behalf of all others similarly situated, the Plaintiff, v. ALCOBRA, LTD., YARON DANIELY and TOMER BERKOVITZ, the Defendants, Case No. 1:17-cv-01233 (S.D.N.Y., Feb. 17, 2017), seeks to recover compensable damages caused by Defendants' violations of the federal securities laws and to pursue remedies under Securities Exchange Act. The case is a federal securities class action on behalf of a class consisting of all persons other than Defendants who purchased or otherwise acquired Alcobra securities between August 13, 2015 and January 17, 2017. In October 2014, the Company completed its first Phase III study of MDX over six weeks at eighteen sites in the United States and two sites in Israel at a dose of 1400 mg once daily compared with a placebo in 300 adults with ADHD as measured by the Conners' Adult ADHD Rating Scales (CAARS) questionnaire. The results of the October 2014 Phase 2014 Phase III Study did not indicate any statistically significant indication of the efficacy of MDX in the treatment of ADHD. The Defendants caused the Company to issue materially false and misleading statements and/or omit material information regarding the Company's business, operational and compliance policies in connection with the MEASURE study. Alcobra is a biopharmaceutical company that focuses on the development and commercialization of oral drug candidates. ALDI INC: Store Managers Class Certified in "Griffin" Suit ---------------------------------------------------------- The Hon Andrew T. Baxter entered an order in the lawsuit titled ANTHONY GRIFFIN, MARK MCINDOO, and SUSAN DETOMASO, o/b/o themselves, and others similarly situated, the Plaintiffs, v. ALDI, INC., et al., the Defendants, Case No. 5:16-cv-00354-LEK-ATB (N.D.N.Y.), granting Plaintiffs' motion for conditional certification of a collective action under the Fair Labor Standards Act. The Class is defined as: "all current and former Store Managers employed at Aldi from March 29, 2013 through the present". Corporate officers, shareholders and directors are not part of the defined collective. The Court further ordered that, unless either party files a timely appeal of this order, 1. The parties will meet and confer, on or before March 8, 2017 with respect to (a) the form of the proposed notice and consent form, and (b) appropriate restriction on both parties with respect to contact with potential members of the collective during the opt-in period. 2. The parties shall submit, to this court, by 1:00 p.m. on March 10, 2017, a status report with either a joint proposal regarding the above issues, or proposed dates and times for a telephone conference during the week of March 13, 2017 to address any remaining disputes with respect to these issues. 3. By March 15, 2017, defendant will disclose to plaintiffs' counsel or a designated administrator, in electronic format, the name, current or last known address, and dates of employment of the former and current Aldi Store Managers since March 29, 2013. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=bjFW6G6B ALLIANCEONE: Accused Wrongful Conduct Over Debt Collection ---------------------------------------------------------- Sergey Fuzaylov, Ilya Khaimov, Iosif Khaimov, and Miriam Moscowitz, on behalf of themselves and all other similarly situated consumers v. AllianceOne Receivables Management, Inc., Case No. 1:17-cv-01087 (E.D.N.Y., February 26, 2017), seeks to stop the Defendant's unfair and unconscionable means to collect a debt. AllianceOne Receivables Management, Inc. is a third party debt collection company specializing in recovery of account receivables for major financial institutes. The Plaintiff is represented by: Igor B. Litvak, Esq. THE LAW OFFICE OF IGOR LITVAK 1701 Avenue P Brooklyn, NY 11229 Telephone: (646) 796-4905 Facsimile: (718) 408-9570 E-mail: igorblitvak@gmail.com ALPINE ACCESS: "Morse" Sues Over FLSA, NY, Ill. Wage Law Breach --------------------------------------------------------------- CAROL MORSE, BECKY NELLOS, SANDY MOROWITZ, and other similarly- situated individuals, Plaintiff, v. ALPINE ACCESS, INC., and SYKES ENTERPRISES, INC., Jointly and Severally as, Defendants, Case No. 5:17-cv-00235-BKS-ATB (N.D.N.Y., February 28, 2017), alleges among others that Defendants failed to pay Plaintiffs and all similarly situated employees for their pre-shift time spent booting up their computers, logging into required computer networks and software applications, and reviewing work-related e- mails and other information at the start of their shift. The case raises claims for willful violations of the Fair Labor Standards Act, New York wage and hour laws, Illinois wage and hour laws, and breach of contract under the common law. Defendant provides customer service, technical support and supplemental sales for companies. Plaintiffs were employed by Defendants as hourly at-home customer service representatives. The Plaintiffs are represented by: Jason T. Brown, Esq. Nicholas R. Conlon, Esq. JTB LAW GROUP, LLC 155 2nd Street, Suite 4 Jersey City, NJ 07302 Phone: (877) 561-0000 Fax: (855) 582-5297 E-mail: Jtb@jtblawgroup.com Nicholasconlon@jtblawgroup.com - and - Kevin J. Stoops, Esq. Charles R. Ash, IV, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Phone: 248-355-0300 E-mail: kstoops@sommerspc.com crash@sommerspc.com ALSALAM INC: "Rodriguez" Suit Can't Proceed as Collective Action ---------------------------------------------------------------- In the lawsuit captioned CRISTIAN RODRIGUEZ, the Plaintiff, v. ALSALAM, INC., ET AL., the Defendant, Case No. 2:16-cv-06453-CJB- JCW (E.D. La.), the Hon. Carl J. Barbier entered an order denying Plaintiff's motion to proceed as a collective action and for judicial notice to potential opt-in Plaintiffs. The Plaintiff brought the action against Defendants alleging that he, and others similarly situated, were not paid a minimum wage of $7.25 per hour and did not receive proper overtime compensation in violation of the Fair Labor Standards Act (FLSA). The Court said, "Plaintiff fails to even name or identify any other individuals who were not paid overtime or minimum wage by Ahmad Dorry at Alsalam. Moreover, there is no suggestion that other individuals who worked for Ahmad Dorry at Alsalam desire to join this class. The Court has declined to conditionally certify an FLSA class under nearly identical conditions and declines to do so in this case. See Crowley, 2014 WL 2506519, at 7-8 (denying unopposed motions for conditional certification of FLSA class when plaintiffs did not provide affidavits from any other employees, failed to name or identify any other individuals who were not paid overtime, and did not even suggest other individuals desired to opt in)". A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=1GKMw186 AMERICAN AIRLINES: "Ballard" Suit Alleges Breach of Contract ------------------------------------------------------------ THOMAS BALLARD, on behalf of himself and all others similarly situated, Plaintiff, v. AMERICAN AIRLINES, INC., a Delaware corporation, Defendant, 2017 CH 02917 (Ill., Circ., Cook County, February 28, 2017), alleges breach of contract, fraud and unjust enrichment on behalf of AA mechanic "Flex Employees" who were provided, as a hiring incentive, a two-year flex progression of "top of scale" benefits plan. Defendant is a Delaware corporation that operates as a commercial airline. The Plaintiff is represented by: Larry D. Drury, Esq. LARRY D. DRURY, LTD. 100 North LaSalle Street, Suite 2200 Chicago, IL 60602 Phone: (312) 346-7950 Fax: (312) 346-5777 E-mail: ldd@larrvdrurv.com AMERICAN BLASTING: Miranda Seeks to Recover Unpaid Overtime Wages ----------------------------------------------------------------- Lusvin Miranda, Jose Armando Rivera, individually and on behalf of all others similarly situated v. Robert Glenn Falke d/b/a American Blasting Technology, Belinda Falke, and Jeff Falke, Case No. 4:17-cv-00328 (S.D. Tex., February 27, 2017), seeks to recover unpaid overtime wages, liquidated damages, and attorneys' fees owed to them and other similarly situated employees under the Fair Labor Standards Act. The Plaintiffs are current and former hourly employees employed by the Defendants as laborers cleaning and/or repairing boats. American Blasting Technology, a sole proprietorship with its principal place of business located in Sourlake, Hardin County, Texas, is an enterprise engaged in commerce. The Plaintiff is represented by: Mark Siurek, Esq. Patricia Haylon, Esq. WARREN & SIUREK, L.L.P. 3334 Richmond Ave, Suite 100 Houston, TX 77098 Telephone: 713-522-0066 Facsimile: 713-522-9977 E-mail: msiurek@warrensiurek.com thaylon@warrensiurek.com AMERICAN HONDA: April 10 Hearing on "Grodzitsky" Class Cert. Bid ---------------------------------------------------------------- In the lawsuit captioned PHYLLIS GRODZITSKY, JEREMY BORDELON, STEPHANIE MANZO, SOHAL SHAH, and JOYCE YOUNG, on behalf of themselves and all others similarly situated, the Plaintiffs, v. AMERICAN HONDA MOTOR CO., INC., the Defendant, Case No. 2:12-cv- 01142-SVW-PLA (C.D. Cal.), the Plaintiffs will move the Court on April 10, 2017, at 1:30 p.m. in Courtroom 10A of the United States District Court, Central District of California, for class certification and for appointment of class representatives and class counsel. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=8rLQOAyB The Plaintiffs are represented by: Jonathan D. Selbin, Esq. Mark P. Chalos, Esq. Annika K. Martin, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111 Telephone: (415) 956 1000 Facsimile: (415) 956 1008 E-mail: jselbin@lchb.com mchalos@lchb.com akmartin@lchb.com - and - Marc Godino, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201 9150 Facsimile: (310) 201 9160 E-mail: mgodino@glancylaw.com - and - Jon A. Tostrud, Esq. TOSTRUD LAW GROUP, P.C. 1925 Century Park East, Suite 2125 Los Angeles, CA 90067 Telephone: (310) 278 2600 Facsimile: (310) 278 2640 E-mail: jtostrud@tostrudlaw.com - and - J. Barton Goplerud, Esq. SHINDLER, ANDERSON, GOPLERUD & WEESE P.C. 5015 Grand Ridge Drive, Suite 100 West Des Moines, IA 50265 Telephone: (515) 223 4567 Facsimile: (515) 223 8887 E-mail: jbgoplerud@hudsonlaw.net ALSTON PERSONAL: Hollis Seeks Conditional Class Certification ------------------------------------------------------------- In the lawsuit styled MICHELLE HOLLIS, individually and on behalf of all others similarly situated, the Plaintiff, v. ALSTON PERSONAL CARE SERVICES, LLC, and TINA MICHELLE VANHOY, the Defendant, Case No. 1:16-cv-01447-WO-JEP (M.D.N.C.), the Plaintiff moves the Court to conditionally certify a collective action pursuant to the Fair Labor Standards Act, and approve notice and expedited consideration. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=oP8Fv197 The Plaintiff is represented by: Brian L. Kinsley, Esq. CRUMLEY ROBERTS, LLP 2400 Freeman Mill Road, Suite 200 Greensboro, NC 27406 Telephone: (336) 333 9899 Facsimile: (336) 333 9894 E-mail: blkinsley@crumleyroberts.com ARBY'S RESTAURANT: First Choice Files Suit in N.D. Georgia ---------------------------------------------------------- A class action lawsuit has been commenced against Arby's Restaurant Group, Inc. The case is captioned First Choice Federal Credit Union, on behalf of itself and all others similarly situated v. Arby's Restaurant Group, Inc., Case No. 1:17-cv-00703-MHC (N.D. Ga., February 27, 2017). Arby's Restaurant Group, Inc. operates a quick-service fast-food sandwich restaurant chain throughout the United States. The Plaintiff is represented by: Erin Green Comite, Esq. Stephen J. Teti, Esq. SCOTT & SCOTT, LLC P.O. Box 192 108 Norwich Avenue Colchester, CT 06415 Telephone: (860) 537-5537 E-mail: ecomite@scott-scott.com steti@scott-scott.com - and - Joseph P. Guglielmo, Esq. SCOTT & SCOTT, ATTORNEYS AT LAW, LLP 40th Floor, 405 Lexington Avenue New York, NY 10174 Telephone: (212) 594-5300 E-mail: jguglielmo@scott-scott.com - and - Kenneth S. Canfield, Esq. DOFFERMYRE SHIELDS CANFIELD & KNOWLES, LLC 1355 Peachtree Street, N.E., Suite 1900 Atlanta, GA 30309 Telephone: (404) 881-8900 Facsimile: (404) 920-3246 E-mail: kcanfield@dsckd.com ARYA SECURITY: "Fisher" Suit Seeks Unpaid Wages Under Labor Code ---------------------------------------------------------------- LEJON FISHER, individually and on behalf of all others similarly situated, the Plaintiff, v. ARYA SECURITY SERVICES, INC., a California limited partnership; and DOES 1 through 50, inclusive, the Defendant, Case No. BC651032 (Cal. Super. Ct., Feb. 17, 2017), seeks recover unpaid wages and penalties under the California Labor Code. The complaint challenges systemic illegal employment practices resulting in violations of the California Labor Code and Business and Professions Code against employees of Defendants. The Plaintiff alleges that Defendants jointly and severally have acted intentionally and with deliberate indifference and conscious disregard to the rights of all employees in receiving proper meal and rest breaks, reimbursement for business expenses, proper and timely wages and compliant wage statements. Arya is in the security systems services industry in Corona, California. The Plaintiff is represented by: Larry W. Lee, Esq. Kristen M, Agnew, Esq. DIVERSITY LAW GROUP, P.C, 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Telephone: (213) 488 6555 Facsimile: (213) 488 6554 - and - Kenechi R. Agu, Esq. LAW OFFICES OF KENECHI R. AGU 3655 Torrance Blvd., Suite 300 Torrance, CA 90503 Telephone: (310) 431 9875 Facsimile: (855) 372 5792 ASSET RECOVERY: Accused Wrongful Conduct Over Debt Collection ------------------------------------------------------------- Tyria Richardson, on behalf of herself and all others similarly situated v. Asset Recovery Solutions LLC, Case No. 1:17-cv-01065 (E.D.N.Y., February 24, 2017), seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Asset Recovery Solutions LLC operates a full service asset recovery management company located at 2200 Devon Ave # 200, Des Plaines, IL 60018. The Plaintiff is represented by: Alan J. Sasson, Eq. LAW OFFICE OF ALAN J. SASSON, P.C. 2687 Coney Island Avenue, 2nd Floor Brooklyn, NY 11235 Telephone: (718) 339-0856 Facsimile: (347) 244-7178 E-mail alan@sassonlaw.com BETTY'S CATERING: Faces "Romero" Suit Over Unpaid Service Charge ---------------------------------------------------------------- MARIA ROMERO, MARTIN GARCIA, and REMMY LARA, individually and on behalf of others similarly situated, the Plaintiffs, v. BETTY'S CATERING CORP.; ISABELITA CRUZ; and any other related entities, the Defendants, Case No. 600106/2017 (N.Y. Sup. Ct., Feb. 22, 2017), seeks to recover unlawfully retained gratuities owed to the Plaintiffs and other similarly situated persons who are presently or were formerly employed by the Defendants, pursuant to New York Labor Law. The Defendants have engaged in a policy and practice of failing to pay the service charge to the Plaintiffs and similarly situated employees and instead retained the money for their own benefit in violation of Labor Law Article, the Complaint says. The Plaintiffs have initiated the action seeking for themselves and on behalf of all similarly situated employees, compensation, including gratuities that they were deprived of -- plus interest, attorneys' fees, and costs. The Defendants operate restaurant and catering services located in New York. The Plaintiffs are represented by: Brett R. Cohen, 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 The Defendants are represented by: LAW OFFICE OF JOHN LAGAN 44-02 23 Street, Studio 107 Long Island City, NY 11101 Telephone: (718) 932 2550 BHC ALHAMBRA: "Zeledon" Suit Seeks Relief Under Labor Code ---------------------------------------------------------- JAIME ZELEDON, an individual, on his own behalf and on behalf of all others similarly situated, the Plaintiff, v. BHC ALHAMBRA HOSPITAL, INC., a Tennessee Corporation; UNIVERSAL HEALTH SERVICES, INC., a Delaware Corporation; and UHS OF DELAWARE INC., a Delaware Corporation; and DOES 1100, inclusive, the Defendants, Case No. BC651028 (Cal. Super. Ct., Feb. 17, 2017), seeks relief as a result of employment policies, practices and procedures which violate the California Labor Code, and the orders and standards promulgated by the California Department of Industrial Relations, Industrial Welfare Commission, and Division of Labor Standards. The Defendants allegedly failed to provide Plaintiff and members of the putative class with timely meal and rest breaks, failed to pay all final wages in a timely fashion, failed to provide proper wage statements, and failed to maintain accurate records of work performed by members of the Class in violation of Labor Code. BHC Alhambra is a full-service acute care psychiatric hospital providing behavioral health, substance abuse and eating disorder services. The Plaintiff is represented by: Marcus J. Bradley, Esq. Kiley L. Grombacher, Esq. Taylor L. Emerson, Esq. BRADLEY GROMBACHER, LLP 2815 Townsgate Road, Suite 130 Westlake Village, CA 91361 Telephone; (805) 212 5124 Facsimile: (805) 270 7589 E-mail: mbradley@bradleygrombacher.com kgrombacher@bradleygrombacher.com BLUEGREEN VACATIONS: "Paxton" Suit Seeks FLSA Class Certification ----------------------------------------------------------------- In the lawsuit captioned WHITNEY PAXTON and JEFF REESER, on behalf of themselves and others similarly situated, the Plaintiffs, v. BLUEGREEN VACATIONS Magistrate J. H. Bruce Guyton UNLIMITED, INC., PHILLIP HICKS and TODD SMITH, Individually, Case No. 3:16-cv-00523-HSM-HBG (E.D. Tenn.), the Plaintiffs move the Court for an Order conditionally certifying the case pursuant to the Fair Labor Standards Act (FLSA) as a collective action and implementing a procedure. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=8kFRiFd4 The Plaintiffs are represented by: Marc R. Edelman, Esq. MORGAN & MORGAN, P.A. One Tampa City Center No. 700 Tampa, FL 33602 Telephone: (813) 223 5505 E-mail: medelman@forthepeople.com - and - Carlos V. Leach, Esq. MORGAN & MORGAN, P.A. 20 N. Orange Ave., 14th Floor P.O. Box 4979 Orlando, FL 32802-4979 Telephone: (407) 420 1414 Facsimile: (407) 245 3341 E-mail: cleach@forthepeople.com - and - Jeffery C. Taylor, Esq. TAYLOR LAW FIRM 36 West Third North Street P.O. Box 2004 Morristown, TN 37816 Telephone: (423) 586 6812 E-mail: Jeff@Taylorlawfirmtn.com BONDED COLLECTORS: Kobleski Files Placeholder Class Cert. Bid ------------------------------------------------------------- In the lawsuit titled CHERYL KOBLESKI, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. v. BONDED COLLECTORS OF WISCONSIN, INC., the Defendant, Case No. 2:17-cv-00262-JPS (E.D. Wisc.), the Plaintiff moves the court to certify a class and further requests that the Court both stay the motion for class certification and to grant Plaintiff (and Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the motion. To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiffs contend. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=qnNjcrYq The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482 8000 Facsimile: (414) 482 8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com BOURBON AND BEEF: Rossi et al. Allege Discrimination & Harassment ----------------------------------------------------------------- ANASTASIA ROSSI and VIDYA MEHRA, on behalf of themselves and all others similarly situated, the Plaintiff, v. BOURBON AND BEEF, BURRITOS INC. dba B&B KITCHEN & WINE BAR, DAMIEN JONES, and Does 1 through 50, inclusive, the Defendants, Case No. RG17849931 (Cal. Super. Ct., Feb., 2017), seeks to recover award of general damages in an amount according to proof, plus interest caused Defendants' discrimination, harassment, retaliation and wrongful termination against Plaintiff. The action alleges Defendants engaged in the following illegal activities: (1) discriminated against Plaintiffs on the basis of their sex in violation of California Government Code; (2) harassed Plaintiffs on the basis of their sex (3) failed to take all reasonable steps necessary to prevent discrimination and harassment from occurring in the workplace; retaliated against Plaintiff Rossi because Plaintiff Rossi made complaints about the discriminatory and harassing actions of Defendant Jones; (5) retaliated against Plaintiff Mchra because Plaintiff Mehra made complaints about the discriminatory and harassing actions of Defendant Jones; and (6) wrongfully terminated Plaintiffs in retaliation for Plaintiffs making complaints about the discriminatory and harassing actions. Bourbon and Beef is a steakhouse and bar located in Rockridge Oakland serving brunch, lunch and dinner with steaks, eggs, beer wine and cocktails. The Plaintiff is represented by: Robin G. Workman, Esq. WORKMAN LAW FIRM, PC 177 Post Street, Suite 800 San Francisco, CA 94108 Telephone: (415) 782 3660 Facsimile: (415) 788 1028 E-mail: robin@workmanlawpc.com BUSINESS LAW GROUP: Wilmington Savings' Class Cert. Bid Denied -------------------------------------------------------------- In the lawsuit styled WILMINGTON SAVINGS FUND SOCIETY, FSB, the Plaintiff, v. BUSINESS LAW GROUP, P.A., LM FUNDING, LLC and BRUCE RODGERS, the Defendants, Case No. 8:15-cv-02831-CEH-TGW (M.D. Fla.), the Hon. Judge Charlene Edwards Honeywell entered an order denying Class and Subclasses: "all first mortgagees and their successors or assignees who joined an LMF Association client in a foreclosure action in Florida, obtained title to the property at issue through a foreclosure judgment or deed in lieu of foreclosure, and to whom BLG, on behalf [of] an LMF Association client, provided an estoppel certificate that included charges other than (a) the lesser of the property's unpaid assessments which came due during the 12 months immediately preceding the acquisition of title or one percent of the original mortgage debt, (b) an estoppel preparation fee, and (c) assessments which came due after the first mortgagee's acquisition of title to the property, on or after October 28, 2011" (Class); and "all Class members who paid BLG more than the sum of (a) the lesser of the property's unpaid assessments which came due during the 12 months immediately preceding the acquisition of title or one percent of the original mortgage debt, (b) an estoppel preparation fee, and (c) assessments which came due after the first mortgagee's acquisition of title to the property, in response to an estoppel certificate sent by BLG on or after October 28, 2011 (Damages Subclass). The Court agrees with Defendants that the resolution of such issues pursuant to the statutory procedure is superior to a class action because the statutory method permits evaluation of the unique factual issues inherent to such claims on a case-by-case basis, including whether the party claiming safe harbor protection is a first mortgagee. Further, the statutes provide for a "summary," or expedited, proceeding, for prompt resolution of such disputes, and an award of attorney's fees to the prevailing party. See id. The Florida Legislature anticipated the need for fair and efficient adjudication of disputes over estoppel certificates, and established a comprehensive and efficient method for resolving these disputes in the statutes. The method established in the applicable statutes is far superior to a class action in which individual issues would predominate. Therefore, this Court finds that class wide resolution of the dispute is not superior to other methods of adjudication. The Court said, "Wilmington has not met its burden under Federal Rule of Civil Procedure 23(a) and has likewise failed to satisfy at least one of the alternative requirements of Federal Rule of Civil Procedure 23(b). As a result, this Court will deny Wilmington's Motion for Class Certification." A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=lh7Fsxh3 CAMERON MITCHELL: Faces "Anderson" Suit Over ADA Violation ---------------------------------------------------------- Derrick Anderson, on behalf of himself and all others similarly situated v. Cameron Mitchell Restaurants, LLC, Case No. 1:17-cv- 01056 (E.D.N.Y., February 25, 2017), is brought against the Defendants for violation of the Americans with Disabilities Act. Cameron Mitchell Restaurants, LLC owns and operates a restaurant company headquartered in Columbus, Ohio. The Plaintiff is represented by: C.K. Lee, Esq. LEE LITIGATION GROUP, PLLC 30 East 39th Street, 2nd floor New York, NY 10016 Telephone: (212) 465-1188 Facsimile: (212) 465-1181 E-mail: cklee@leelitigation.com CEDAR VIEW: "Landers-O'Connor" Class Suit Transferred to D. Mass. ----------------------------------------------------------------- The class action lawsuit captioned Susan Landers-O'Connor and Lori Gaudet, individually and on behalf of herself and all other similarly situated v. Cedar View Operator, LLC, Case No. 1777-CV- 00011-C, was removed from the Essex Superior Court to the U.S. District Court for the District of Massachusetts (Boston). The District Court Clerk assigned Case No. 1:17-cv-10317-PBS to the proceeding. Cedar View Operator, LLC operates a rehabilitation and healthcare center located at 480 Jackson Street Methuen, MA 01844. The Plaintiff is represented by: Walter H. Jacobs WALTER H. JACOBS, M.D., J.D. ATTORNEY AT LAW 795 Turnpike Street North Andover, MA 01845 Telephone: (978) 688-0900 E-mail: wjacobslaw@gmail.com The Defendant is represented by: Erik J. Winton, Esq. JACKSON LEWIS PC 75 Park Plaza, 4th Floor Boston, MA 02116 Telephone: (617) 367-0025 Facsimile: (617) 367-2155 E-mail: wintone@jacksonlewis.com CENERGY PARTNERS: "Brittman" Alleges Non-payment of OT Work ----------------------------------------------------------- LEONARD BRITTMAN, an Individual, Individually and on behalf of all others similarly situated, and the general public, PLAINTIFF, v. CENERGY PARTNERS, LLC, a Delaware limited liability company; CENERGY PARTNERS CONSTRUCTION SERVICES, LLC, a Delaware limited liability company; CENERGY A&D, LLC, a Delaware limited liability company; CHEVRON CORPORATION, a Delaware corporation; and DOES 1 thru 50, inclusive, DEFENDANTS, Case No. BC 651878 (Cal. Super., County of Los Angeles, February 28, 2017), arises out of CENERGY's alleged unlawful practice of deliberately and unlawfully failing to provide all overtime premium wages earned by PLAINTIFF and those similarly situated. This included ENERGY's practice of instituting alternative workweek schedules without complying with the strict AWS requirements that California mandates an employer must satisfy before the employer is relieved of the legal obligation to pay daily overtime premium wages. Defendants CENERGY PARTNERS, LLC, CENERGY PARTNERS CONSTRUCTION SERVICES, LLC, and CENERGY A&D, LLC, are all related Delaware limited liability companies which provide staffing, payroll, vendor management, inspections, aviation logistics, and safety services to the engineering & construction, energy, aerospace and defense, shipbuilding, and power & utilities sectors. PLAINTIFF LEONARD BRITTMAN was employed by DEFENDANTS as a Customer Service Representative at the Chevron refinery in El Segundo, California. The Plaintiff is represented by: Alireza Alivandivafa, Esq. 1925 Century Park East, Suite 1990 Los Angeles, CA 90067 Phone: (310)570-2238 E-mail: aalivandi@gmail.com - and - J.D. Henderson, Esq. LAW OFFICES OF J.D. HENDERSON 215 North Marengo Avenue, Suite 322 Pasadena, CA 91101 Phone: (626) 529-5891 E-mail: JDLAW@charter.net CENTRAL COLLECTION: Kobleski Files Placeholder Class Cert. Bid -------------------------------------------------------------- In the lawsuit entitled CHERYL KOBLESKI, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. CENTRAL COLLECTION CORPORATION, the Defendant, Case No. 2:17-cv- 00260-JPS (E.D. Wisc.), the Plaintiff moves the court to certify a class, and requests that the Court both stay the motion for class certification and to grant Plaintiff (and Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the motion. To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiffs contend. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=SrbKPj0l The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482 8000 Facsimile: (414) 482 8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com CERES CITY, CA: "Quiroz" Suit Seeks Unpaid Overtime Under FLSA -------------------------------------------------------------- CARLOS A. QUIROZ, on behalf of himself and all similarly situated individuals, the Plaintiffs, v. CITY OF CERES, the Defendant, Case No. 2:17-at-00170 (E.D. Cal., Feb. 17, 2017), seeks to recover unpaid overtime and other compensation, interest, liquidated damages, costs of suit and reasonable attorney fees under the Fair Labor Standards Act (FLSA). The action arises from Defendant's failure to include all statutorily required forms of compensation in the "regular rate" used to calculate overtime compensation for Plaintiff and all similarly situated individuals. Ceres is a city in Stanislaus County, California. The population was 45,417 at the 2010 U.S. Census, up from 34,609 at the 2000 U.S. Census. It is part of the Modesto Metropolitan Statistical Area. The Plaintiff is represented by: David E. Mastagni, Esq. Isaac S. Stevens, Esq. Ace T. Tate, Esq. MASTAGNI HOLSTEDT 1912 "I" Street Sacramento, CA 95811 Telephone: (916) 446 4692 Facsimile: (916) 447 4614 CHARLESTON MEDICAL: "Jarrell" Suit Seeks Unpaid Wages Under FLSA ---------------------------------------------------------------- Jamie Jarrell, Michelle Brown, Brandy Riggs, Ryan Kimberly, Brigitte O'Leary, Krista Miller, Amber Rucker, Latisha Stickler, Brittany Gillenwater, Chelsi Burford, Randi Jones, Miranda Hamilton, Heather Starcher, James Putney, Jinnfer Dotson, James Ferrell, Rita Grubb, Lindsey Mollohan, Christopher Tate, Julia Zeto, Olivia Blankenship, Melissarainey, Dea Fallin, Heather Williams, Hilary Jordan, Angel Arthur, Valeriepickett, Amanda Reed, Janice Hagerman, and Amy Lopez Smith, the Plaintiffs, v. Charleston Area Medical Center, Inc., the Defendant, Case No. 2:17-cv-01371 (S.D.W.Va., Feb. 23, 2017), seeks money damages for wages that were not paid as required by the Fair Labor Standards Act, liquidated damages equal to the amount owed, costs, injunctive relief, attorneys' fees and other relief as a result of Defendant's commonly applied policy and practice of not for all hours worked and for failing to pay overtime in violation of federal wage and hour laws. The Defendant regularly and consistently deducted one-half hour of pay from its employees for a "break" that the employees were not being afforded by their employer, the Complaint says. Charleston Area Medical Center is a complex of hospitals in Charleston, West Virginia, formed via a merger of previously independent facilities. It is the state's largest hospital. The Plaintiffs are represented by: J. Michael Ranson, Esq. Cynthia M. Ranson, Esq. RANSON LAW OFFICES 1562 Kanawha Blvd., East Post Office Box 3589 Charleston, WV 25336-3589 Telephone: (304) 345-1990 - and - G. Patrick Jacobs, Esq. JACOBS LAW OFFICE 7020 MacCorkle Avenue, SE Charleston, WV 25304 Telephone: (304) 926 6676 CHEESECAKE FACTORY: Faces "Zhang" Suit Alleging FACTA Violation --------------------------------------------------------------- KRISTY ZHANG, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, Plaintiff, v. THE CHEESECAKE FACTORY INCORPORATED, Defendant, Case No. 8:17-cv-00357 (C.D. Cal., February 28, 2017), alleges that Defendant violated the Fair and Accurate Credit Transactions Act, which states that no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the credit number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction. The Cheesecake Factory Incorporated operates casual dining restaurants under the name The Cheesecake Factory. The Plaintiff is represented by: Abbas Kazerounian, Esq. Matthew M. Loker, Esq. KAZEROUNI LAW GROUP, APC 245 Fischer Avenue, Unit D1 Costa Mesa, CA 92626 Phone: (800) 400-6808 Fax: (800) 520-5523 E-mail: ak@kazlg.com ml@kazlg.com - and - Joshua B. Swigart, Esq. HYDE & SWIGART 2221 Camino Del Rio South, Ste. 101 San Diego, CA 92108 Phone: (619) 233-7770 Fax: (619) 297-1022 E-mail: josh@westcoastlitigation.com - and - Brian J. Soo-Hoo, Esq. LAW OFFICES OF BRIAN J. SOO-HOO 601 Parkcenter Drive, Suite 105 Santa Ana, CA 92705 Phone: (714) 589-2252 Fax: (714) 589-2254 E-mail: soohoolaw@gmail.com CITIZENS FINANCIAL: Placeholder Bid for Class Certification Filed ----------------------------------------------------------------- In the lawsuit captioned TIFFANY FLORIST, INC., a Michigan corporation, individually and as the representative of a class of similarly-situated persons, the Plaintiff, v. CITIZENS FINANCIAL GROUP, INC., a Delaware corporation, its subsidiary CITIZENS BANK, N.A., and JOHN DOES 1-5, the Defendants, Case No. 2:17-cv-10551- RHC-APP (E.D. Mich.), the Plaintiff filed a placeholder motion for class certification of: "all persons who (1) on or after four years prior to the filing of this action, (2) were sent telephone facsimile messages of material advertising the commercial availability or quality of any property, goods, or services by or on behalf of Defendants, (3) from whom Defendants did not have "prior express invitation or permission" to send fax advertisements, and (4) with whom Defendants did not have an established business relationship, and/or (5) which did not display a proper opt-out notice". Plaintiff asks the Court to allow the "placeholder" motion for class certification to remain pending to protect against any alternative pick-off attempt following the Supreme Court's decision in Campbell-Ewald. The proposed class meets the requirements of Rules 23(a), (b)(3) and (g). Plaintiff requests that, following discovery and further briefing, the Court certify the class, appoint Plaintiff as the class representative, and appoint Plaintiff's attorneys as class counsel. Plaintiff will file its memorandum of law in support of its Motion after Rule 23 discovery has been completed. The parties need to meet and confer and propose a discovery schedule with this Court and Plaintiff respectfully requests a status conference with the Court as soon as practicable to set a discovery schedule on Plaintiff's Rule 23 Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=KaxZR8M1 The Plaintiff is represented by: Brian J. Wanca, Esq. ANDERSON 7 WANCA 3701 Algonquin Road, Suite 500 Rolling Meadows, IL 60008 Telephone: (847) 368 1500 bwanca@andersonwanca.com - and - Jason J. Thompson, Esq. Sommers Schwartz, Esq. One Towne Square, 17th Floor Southfield, MI 48076 Telephone: (248) 415 3206 Facsimile: (248) 436 8453 CIVITAS SOLUTIONS: 2 Wage & Hour Cases Pending in California ------------------------------------------------------------ Civitas Solutions, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016, that there are currently two pending complaints in California state court that allege certain wage and hour violations. Both complaints seek to be designated as class actions. "Any amounts paid in respect of the complaints will likely increase our expenses, as we are not insured for employment- practices related claims," the Company said. Civitas Solutions, Inc., through its wholly-owned subsidiaries, is a provider of home- and community-based health and human services to must-serve individuals with a range of intellectual, developmental, behavioral and/or medically complex disabilities and challenges. CONTACTABILITY.COM LLC: Class Certification Sought in "Michelski" ----------------------------------------------------------------- In the lawsuit styled VERONICA MICHLESKI, individually and on behalf of all others similarly situated, the Plaintiff, v. CONTACTABILITY.COM LLC D/B/A UNITEDSTATESINSURANCE.COM, an Ohio limited liability company, the Defendant, Case No. 2:17-cv-00057- ALM-TPK (S.D. Ohio), the Plaintiff asks the Court to: 1. enter and reserve ruling on Plaintiff's motion for class certification; 2. allow for and schedule discovery to take place on class- wide issues; 3. grant Plaintiff leave to file an amended motion upon the conclusion of discovery relating to certification issues; 4. grant Plaintiff's motion for class certification after full briefing; and 5. provide all other and further relief that the Court deems reasonable and just. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=PN85osYY The Plaintiff is represented by: William M. Harrelson II, Esq. FAUST, HARRELSON, FULKNER, MCCARTHY & SCHLEMMER, LLP 12 S. Cherry St.reet Troy, Ohio 45373 Telephone: (937) 335 8324 E-mail: Will.Harrelson@fhfmslaw.com - and - Steven L. Woodrow, Esq. Patrick H. Peluso, Esq. WOODROW & PELUSO, LLC 3900 East Mexico Ave., Suite 300 Denver, CO 80210 Telephone: (720) 213 0675 Facsimile: (303) 927 0809 - and - Stefan L. Coleman, Esq. LAW OFFICES OF STEFAN COLEMAN, P.A. 201 S. Biscayne Blvd, 28th Floor Miami, FL 33131 Telephone: (877) 333 9427 Facsimile: (888) 498 8946 E-mail: Law@StefanColeman.com COOK COUNTY, IL: Sued Over Auditing and Accounting Policies ----------------------------------------------------------- Harlan J. Berk, and Harlan J. Berk, Ltd., Individually and as Cook County Taxpayers on Behalf of All Cook County Taxpayers v. Toni Preckwinkle, not Individually, but as President of the Cook County Board, richard r. Boykin, not Individually, but as Cook County Commissioner, Robert B. Steele, not Individually, but as Cook County Commissioner, Jerry Butler, not Individually, but as Cook County Commissioner, Stanley Moore, not Individually, but as Cook County Commissioner, Deborah Sims, not Individually, but as Cook County Commissioner, Edward M. Moody, not Individually, but as Cook County Commissioner, Jesus G. Garcia, not Individually, but as Cook County Commissioner, Luis Arroyo, Jr., not Individually, but as Cook County Commissioner, Peter N. Silvestri, not Individually, but as Cook County Commissioner, Bridget Gainer, not Individually, but as Cook County Commissioner, John P. Daley, not Individually, but as Cook County Commissioner, John A. Fritchey, not Individually, but as Cook County Commissioner, Larry Suffredin, not Individually, but as Cook County Commissioner, Gregg Goslin, not Individually, but as Cook County Commissioner, Timothy O. Schneider, not Individually, but as Cook County Commissioner, Jeffrey R. Tobolski, not Individually, but as Cook County Commissioner, and Sean M. Morrison, not Individually, but as Cook County Commissioner, Case No. 2017-CH-02500 (Ill. Cir. Ct., February 27, 2017), seeks to compel Cook County to conduct a legally sufficient independent audit of the office of the Clerk of the Circuit Court of Cook County, Illinois as well as a separate accounting to be provided to the Plaintiffs and to the general public. Toni Preckwinkle is the President of the Cook County, Illinois Board. Richard R. Boykin is the Cook County, Illinois Commissioner for the First District. Robert B. Steele is the Cook County, Illinois Commissioner for the Second District. Jerry Butler is the Cook County, Illinois Commissioner for the Third District. Stanley Moore is the Cook County, Illinois Commissioner for the Fourth District. Deborah Sims is the Cook County, Illinois Commissioner for the Fifth District. Edward M. Moody is the Cook County, Illinois Commissioner for the Sixth District Jesus G. Garcia is the Cook County, Illinois Commissioner for the Seventh District. Luis Arroyo, Jr., is the Cook County, Illinois Commissioner for the Eighth District. Peter N. Silvestri is the Cook County, Illinois Commissioner for the Ninth District. Bridget Gainer is the Cook County, Illinois Commissioner for the Tenth District. John P. Daley is the Cook County, Illinois Commissioner for the Eleventh District. John A. Fritchey is the Cook County, Illinois Commissioner for the Twelfth District. Larry Suffredin is the Cook County, Illinois Commissioner for the Thirteenth District. Gregg Goslin is the Cook County, Illinois Commissioner for the Fourteenth District. Timothy O. Schneider is the Cook County, Illinois Commissioner for the Fifteenth District. Jeffrey R. Tobolski is the Cook County, Illinois Commissioner for the Sixteenth District. Sean M. Morrison is the Cook County, Illinois Commissioner for the Seventeenth District. Boykin, Steele, Butler, Moore, Sims, Moody, Garcia, Arroyo, Silvestri, Gainer, Daley, Fritchey, Suffredin, Goslin, Schneider, Tobolski and Morrison will be referred to collectively in this Complaint as "the Board." The Plaintiff is represented by: David A. Novoselsky, Esq. NOVOSELSKY LAW OFFICES, P.C. 25 North County Street, First Floor Waukegan, IL 60085 Telephone: (847)782-5800 E-mail: dnovo@novoselsky.com CORAL TELL: Continues to Face Class Suit in Israel -------------------------------------------------- A class action lawsuit against Coral Tell Ltd. remains pending, Digital Turbine, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016. The Company said, "On May 30, 2013, a class action suit in the amount of NIS 19,200, or approximately $5,300, was filed in the Tel-Aviv Jaffa District Court against Coral Tell Ltd., an Israeli company that owns and operates a website offering advertisements. Coral Tell Ltd. is currently being sued in a class action lawsuit regarding phone call overages, and has served a third-party notice against Logia and two additional companies for our alleged involvement in facilitating the overages. The suit relates to a service offered by the Coral Tell website, enabling advertisers to display a virtual cellular number in the advertisement instead of their real cellular number. The plaintiff claims that calls were charged for the connection time between two segments of the call, instead of the second segment alone; that the caller was charged even if the advertiser did not answer the call (as the charge began upon initiation of the first segment); and that the caller was charged for text messages sent to the advertiser, although the service did not support delivery of text messages." "We have no contractual relationship with this company. We believe the lawsuit is without merit and a finding of liability on our part remote. After conferring with advisors and counsel, management believes that the ultimate liability, if any, in aggregate will not be material to the financial position or results or operations of the Company for any future period. The Company does not believe there is a probable and estimable claim. Accordingly, the Company has not accrued any liability." COVISINT CORPORATION: Securities Class Action Settlement Approved ----------------------------------------------------------------- Covisint Corporation said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016, that the Court has approved the settlement and dismissed the securities class action with prejudice. The Company said, "Beginning on May 30, 2014, two putative class actions were filed in the U.S. District Court for the Southern District of New York against us, our directors and former directors, and certain of our officers and former officers alleging violation of securities laws in connection with Covisint's initial public offering ("IPO") and seeking unspecified damages. These lawsuits were consolidated in the action entitled Desrocher v. Covisint Corporation, et al., No. 14-cv-03878 (the "Securities Class Action"). On October 14, 2014, the lead plaintiff filed a consolidated class action complaint (the "Complaint") alleging violations of Regulation S-K and Sections 11 and 15 of the Securities Act. The Complaint alleged, among other things that the IPO's registration statement contained (1) untrue statements and omissions of material facts related to the Company's projected revenues for fiscal 2014, (2) materially inaccurate statements regarding the Company's revenue recognition policy, and (3) omissions of known trends, uncertainties and significant risk factors as required to be disclosed by Regulation S-K." On May 5, 2016, the parties entered into a stipulation and agreement of settlement to dismiss all claims with prejudice and settle the Securities Class Action (the "Settlement"). The Company's uninsured portion of the settlement amount is $0.4 million, which was recorded as a liability as of March 31, 2016 and paid in July 2016. On December 13, 2016, the Court approved the Settlement, which provided for a payment by the defendants of $8.0 million, and the Court dismissed the Securities Class Action with prejudice. Covisint provides a cloud platform for the development of identity-centric and Internet of Things ("IoT") solutions CREATIVE HEALTH: "Leffler" Suit Seeks Certification of FLSA Class ----------------------------------------------------------------- in the lawsuit entitled AUDREY LEFFLER and MARK MERRYMAN, the Plaintiffs, v. CREATIVE HEALTH SERVICES, INC., ANDREW TRENTACOSTE, KATHY KUMITIS, TIM ALLEVA, and KAREN BECKER, the Defendants, Case No. 5:16-cv-01443-JFL (E.D. Pa.), the Plaintiffs ask the Court to certify a class of: "all independent contractor therapist working at Creative Health Services offices and facilities in or around Pottstown and Birdsboro, Pennsylvania between March 29, 2013 to the end of judgment in this action". The Plaintiffs further ask the Court to order that: 1. notice of the pendency of the class action shall be provided to all known class members and shall be posted prominently at all Defendant's locations; 2. Leffler and Merryman shall serve as class representatives; 3. Robert C. Drake and Bebe K. Kivitz shall serve as class counsel. The Plaintiffs' claims are asserted pursuant to the Employee Retirement Income Security Act, the Fair Labor Standards Act, on the Court's supplemental jurisdiction, state law claims pursuant to the Pennsylvania Minimum Wage Act, and the Pennsylvania Wage Payment and Collection law. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=2kGcQCTs The Plaintiffs are represented by: Robert C. Drake, Esq. Bebe H. Kivitz, Esq. JACOBS KIVITZ & DRAKE LLC 1525 Locust Street, 12th Floor Philadelphia, PA 19102 Telephone: (215) 732 2650 CRESCENT CONSULTING: "Whitlow" Suit Seeks to Certify FLSA Class --------------------------------------------------------------- In the lawsuit titled TOMMY WHITLOW, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. CRESCENT CONSULTING, LLC, the Defendant, Case No. 5:16-cv-01330-R (W.D. Okla.), Mr. Whitlow seeks the Court for class certification of: "drilling consultants employed by, or working on behalf of, Crescent Consulting, LLC as independent contractors and paid a day rate any time." Crescent Consulting misclassified its drilling consultants as independent contractors in order to avoid paying them overtime wages required under federal law. Crescent instead maintained a uniform pay practice of paying these consultants a day rate without any overtime compensation. This practice flagrantly violates the Fair Labor Standards Act (FLSA). A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=SnC23JiF The Plaintiff is represented by: Richard J. (Rex) Burch, Esq. Matthew S. Parmet, Esq. BRUCKNER BURCH PLLC 8 Greenway Plaza, Ste. 1500 Houston, TX 77046 Telephone: (713) 877 8788 Facsimile: (713) 877 8065 E-mail: rburch@brucknerburch.com mparmet@brucknerburch.com - and - Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. FIBICH, LEEBRON, COPELAND, BRIGGS & JOSEPHSON 1150 Bissonnet Houston, TX 77005 Telephone: (713) 751 0025 Facsimile: (713) 751 0030 E-mail: mjosephson@fibichlaw.com adunlap@fibichlaw.com CSAA INSURANCE: Faces "Rahim" Suit Alleging Violation of FLSA ------------------------------------------------------------- NASIR RAHIM, GLENN BEARDEN, Plaintiffs, on behalf of themselves and others similarly situated, v. CSAA INSURANCE SERVICES, INC., CSAA INSURANCE SERVICES, LLC, CSAA INSURANCE GROUP, CSAA FIRE & CASUALTY INSURANCE COMPANY, Defendants, Case No. 5:17-cv-00220-W (W.D. Okla., February 28, 2017), asserts claims for wrongful termination after Plaintiff complained of unpaid wages and sought unpaid wages, and failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants, jointly and separately, are companies which provide insurance coverage to persons. Plaintiffs are Field Claim Specialists. The Plaintiff is represented by: Mark Hammons, Esq. Amber L. Hurst, Esq. HAMMONS, GOWENS & HURST 325 Dean A. McGee Avenue Oklahoma City, OK 73102 Phone: (405) 235-6100 Fax: (405) 235-6111 Email: amber@hammonslaw.com Email: mark@hammonslaw.com - and - Kwame T. Mumina, Esq. Cynthia D'Antonio, Esq. GREEN, JOHNSON, MUMINA & D'ANTONIO 400 N. Walker, Suite 100 Oklahoma City, OK 73102 Phone: (405) 702-7228 Fax: (405) 702-6898 Email: kmumina@gjmlawyers.com Email: cynthia@gjmlawyers.com DONOR NETWORK: "Berry" Suit Alleges Wage & Hour Violations ---------------------------------------------------------- SHANTA BERRY, an individual, on her own behalf and on behalf of all others similarly situated, the Plaintiff, v. DONOR NETWORK WEST, a California nonprofit corporation, formerly known as CALIFORNIA TRANSPLANT DONOR NETWORK, and DOES 1-100, inclusive, the Defendants, Case No. RG17850504 (Cal. Super. Ct., Feb. 23, 2017), seeks relief as a result of employment policies, practices and procedures which violate the California Labor Code. The Defendant allegedly failed to provide Plaintiff and members of the putative class with timely meal and rest breaks, failed to pay final wages, failed to provide proper wage statements, and failed to maintain accurate records of work performed by members. The California Transplant provides opportunity to improve and extend lives through organ and tissue donation for transplantation. The Plaintiff is represented by: Marcus J. Bradley, Esq. Kiley L. Grombacher, Esq. Taylor L. Emerson, Esq. BRADLEY GROMBACHER, LLP 2815 Townsgate Road, Suite 130 Westlake Village, CA 91361 Telephone: (805) 212 5124 Facsimile: (805) 270 7589 E-mail: mbradley@bradleygrombacher.com kgrombacher@bradleygrombacher.com DOW CHEMICAL: April 28 Fairness Hearing on Rocky Flats Settlement ----------------------------------------------------------------- A fairness hearing on the settlement of the Rocky Flats matter is scheduled for April 28, 2017, The Dow Chemical Company said in its Form 10-K Report filed with the Securities and Exchange Commission on February 9, 2017, for the fiscal year ended December 31, 2016. The Company and Rockwell International Corporation ("Rockwell") (collectively, the "defendants") were defendants in a class action lawsuit filed in 1990 on behalf of property owners ("plaintiffs") in Rocky Flats, Colorado, who asserted claims for nuisance and trespass based on alleged property damage caused by plutonium releases from a nuclear weapons facility owned by the U.S. Department of Energy ("DOE") (the "facility"). Dow and Rockwell were both DOE contractors that operated the facility -- Dow from 1952 to 1975 and Rockwell from 1975 to 1989. The facility was permanently shut down in 1989. In 1993, the United States District Court for the District of Colorado ("District Court") certified the class of property owners. The plaintiffs tried their case as a public liability action under the Price Anderson Act ("PAA"). In 2005, the jury returned a damages verdict of $926 million. Dow and Rockwell appealed the jury award to the U.S. Tenth Circuit Court of Appeals ("Court of Appeals") which concluded the PAA had its own injury requirements, on which the jury had not been instructed, and also vacated the District Court's class certification ruling, reversed and remanded the case, and vacated the District Court's judgment (Cook v. Rockwell Int'l Corp., 618 F.3d 1127, 1133 (10th Cir. 2010)). The plaintiffs argued on remand to the District Court that they were entitled to reinstate the judgment as a state law nuisance claim, independent of the PAA. The District Court rejected that argument and entered judgment in favor of the defendants (Cook v. Rockwell Int'l Corp, 13 F. Supp. 3d 1153 (D. Colo. 2014)). The plaintiffs appealed to the Court of Appeals, which reversed the District Court's ruling, holding that the PAA did not preempt the plaintiffs' nuisance claim under Colorado law and that the plaintiffs could seek reinstatement of the prior nuisance verdict under Colorado law, and remanded for additional proceedings, including consideration of whether the District Court could recertify the class (Cook v. Rockwell Int'l Corp., 790 F.3d 1088 (10th Cir. 2015)). Dow and Rockwell continued to litigate this matter in the District Court and in the United States Supreme Court. On May 18, 2016, Dow, Rockwell and the plaintiffs entered into a settlement agreement for $375 million, of which $131 million was to be paid by Dow and $244 million was to be paid by Rockwell (collectively, the "Settlement Agreement"). The DOE authorized the settlement pursuant to the PAA and the nuclear hazards indemnity provisions contained in Dow and Rockwell's contracts. The District Court granted preliminary approval to the class settlement on August 5, 2016. On December 13, 2016, the United States Civil Board of Contract Appeals unanimously ordered the United States government to pay the amounts stipulated in the Settlement Agreement. At December 31, 2016, the Company had a liability of $130 million related to this matter (having already paid $1 million towards class notice costs), included in "Accrued and other current liabilities" in the consolidated balance sheets and a receivable of $131 million, included in "Accounts and notes receivable -- Other" in the consolidated balance sheets. On January 17, 2017, the Company received a full indemnity payment ($131 million) from the United States government for Dow's share of the class settlement. The Company subsequently funded an escrow account for the settlement payment owed to the plaintiffs, which will remain in escrow until the settlement is approved by the District Court and finalized. DYNAMIC RECOVERY: Tesch Files Placeholder Class Certification Bid ----------------------------------------------------------------- In the lawsuit styled WENDY TESCH, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. DYNAMIC RECOVERY SOLUTIONS, LLC and CAVALRY SPV I, LLC, the Defendants, Case No. 2:17-cv-00263-PP (E.D. Wisc.), the Plaintiff moves the court to certify a class, and requests that the Court both stay the motion for class certification and to grant Plaintiff (and Defendants) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the motion. To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiffs contend. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=AcEOSIeB The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482 8000 Facsimile: (414) 482 8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com EAST TEXAS MEDICAL: Faces "Young" Class Suit in N.D. Oklahoma ------------------------------------------------------------- A class action lawsuit has been commenced against East Texas Medical Center Regional Healthcare System, Inc., East Texas Medical Center Regional Health Services, Inc., Paramedics Plus, L.L.C., Emergency Medical Services Authority, Herbert Steven Williamson, and Kent Torrence. The case is captioned Robert Young, on behalf of himself and all others similarly situated v. East Texas Medical Center Regional Healthcare System, Inc., East Texas Medical Center Regional Health Services, Inc., Paramedics Plus, L.L.C., Emergency Medical Services Authority, Herbert Steven Williamson, and Kent Torrence, Case No. 4:17-cv-00101-GKF-TLW (N.D. Ok., February 27, 2017). The Defendants operate primary, secondary and tertiary healthcare facilities across Texas. The Plaintiff is represented by: Bobby Leon Latham Jr., Esq. Brandy Lynn Inman, Esq. Heather Marie Kinsaul, Esq. Marcus N. Ratcliff, Esq. LATHAM WAGNER STEELE LEHMAN 10441 S. Regal Blvd Ste 200 Tulsa, OK 74133 Telephone: (918) 970-2000 Facsimile: (918) 970-2002 E-mail: blatham@lswsl.com binman@lwsl-law.com hkinsaul@lwsl-law.com mratcliff@lwsl-law.com - and - Robert Kenneth Pezold, Esq. LATHAM WAGNER STEELE LEHMAN 1502 S Boulder Ave Ste 15A Tulsa, OK 74119 Telephone: (918) 625-0003 E-mail: rpezold@pbwtulsa.com EMERGENCY COVERAGE: "Harbin" Suit Seeks Class Certification ----------------------------------------------------------- In the lawsuit captioned DUSTIN HARBIN and JIMMY PRUITT, on behalf of plaintiffs and class, the Plaintiffs, v. EMERGENCY COVERAGE CORPORATION, and ACCOUNT RESOLUTION TEAM, INC., the Defendants, Case No. 3:16-CV-125-TRM-HBG (E.D. Tenn.), the Plaintiffs ask the Court to issue an order granting a motion to certify their lawsuit as a class action, appoint Plaintiffs as class representatives, and their counsel as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=AtYIVzJZ The Plaintiffs are represented by: Alan C. Lee, Esq. DUSTIN HARBIN JIMMY PRUITT Talbott, TN 37877-1357 Telephone: (423) 581 0924 E-mail: aleeattorney@gmail.com - and - Scott C. Borison, Esq. 1900 S. Norfolk St., Suite 350 San Mateo CA 94403 Telephone: (301) 620 1016 E-mail: borison@legglaw.com - and - Peter A. Holland, Esq. THE HOLLAND LAW FIRM, P.C. 914 Bay Ridge Road, Ste. 230 Annapolis, MD 21403 Telephone: (410) 280 6133 E-mail: peter@hollandlawfirm.com ESSA BANCORP: To Defend Class Suit Over Kickbacks ------------------------------------------------- ESSA Bancorp, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016, that the Bank was named as a defendant in an action commenced on December 8, 2016 by one plaintiff who will also seek to pursue this action as a class action on behalf of the entire class of people similarly situated. The plaintiff alleges that a bank previously acquired by ESSA Bancorp, Inc., in the process of making loans, received unearned fees and kickbacks in violation of the Real Estate Settlement Procedures Act. The Bank intends to vigorously defend against such allegations. To the extent that pending or threatened litigation could result in exposure to the Bank, the amount of such exposure is not currently estimable. The primary purpose of the Company is to act as a holding company for ESSA Bank & Trust. EXPERIAN INFORMATION: Reyes Seeks to Certify 2 FCRA Classes ----------------------------------------------------------- In the lawsuit captioned DEMETA REYES, individually and on behalf of all others similarly situated, the Plaintiff, v. EXPERIAN INFORMATION SOLUTIONS, INC., the Defendant, Case No. 8:16-cv- 00563-AG-AFM (C.D. Cal.), the Plaintiff will move the Court on April 24, 2017, at 10:00 a.m., before the Hon. Andrew Guilford in Courtroom 10D, Tenth Floor of the Ronald Reagan Federal Building and United States Courthouse, for an order certifying these classes: Count I of the First Amended Complaint for violation of the Fair Credit Reporting Act: "all persons whose Experian consumer report contained an account from Delbert Services Corp. reflecting delinquency on a loan originated by Western Sky Financial, LLC after January 21, 2015"; Count I of the First Amended Complaint for violation of the Fair Credit Reporting Act: "all persons whose Experian consumer report included: Prior to December 21, 2014, an account in good standing from CashCall, Inc. on a loan originated by Western Sky Financial, LLC and an account from Delbert Services Corp. reflecting delinquency on the same loan; and After January 21, 2015, an account from Delbert Services Corp. reflecting delinquency on a loan originated by Western Sky Financial, LLC without a corresponding account in good standing from CashCall, Inc. reflecting payments made on the same loan (the Selective Reporting Class)". Excluded from the proposed classes are Experian's officers, directors, affiliates, legal representatives, employees, successors, subsidiaries, and assigns. Also excluded from the proposed classes is any judge, justice or judicial officer presiding over this matter and the members of their immediate families and judicial staff. The Plaintiff further asks the Court to appoint Demeta Reyes as the Class Representative on behalf of the Class, or in the alternative, Selective Reporting Class, and to appoint Stueve Siegel Hanson LLP as Class Counsel. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=Fxb9WpGj The Plaintiff is represented by: Jason S. Hartley, Esq. Norman E. Siegel, Esq. J. Austin Moore, Esq. STUEVE SIEGEL HANSON LLP 550 West C Street, Suite 1750 San Diego, CA 92101 Telephone: (619) 400 5822 Facsimile: (619) 400 5832 E-mail: hartley@stuevesiegel.com siegel@stuevesiegel.com moore@stuevesiegel.com EXXON MOBIL: Goldstein et al. Sue Over 2015 Refinery Explosion -------------------------------------------------------------- ARNOLD GOLDSTEIN, an individual, JOHN COVAS, an individual, and GISELA JANETTE LA BELLA, an individual, individually and on behalf of all others similarly situated, the Plaintiffs, v. EXXON MOBIL CORPORATION, a New Jersey corporation; PBF ENERGY INC, a Delaware corporation; TORRANCE REFINING COMPANY, LLC, a Delaware Limited Liability Company; PBF ENERGY WESTERN REGION, LLC, a Delaware Limited Liability Company; PBF HOLDING COMPANY, LLC, a Delaware Limited Liability Company; PBF ENERGY COMPANY, LLC, a Delaware Limited Liability Company; STEVEN STEACH, an individual; and DOES 1 through 100, inclusive, Case No. BC651059 (Cal. Super. Ct., Feb. 17, 2017), seeks to recover compensatory damages in an amount to be ascertained at trial, economic damages due to emergency response and permitting costs according to proof, past and future damages related to environmental remediation and incidental costs according to proof, diminution in property value according to proof;, damages related to harm to public health, obstruction of the free passage and use of property of public property, and/or the interference with the comfortable enjoyment of life or property according to proof. According to the Plaintiffs, their case represents an example of corporate choice to place profits over public safety. It arises from the massive refinery explosion that occurred on February 18, 2015 at Defendants' Torrance Refinery, the extensive fallout from that explosion, and the continuation of years of neglect, lax oversight, and corporate indifference to necessary safety, operating standards, and necessary diligence that have caused numerous fires, leaks, explosions, and other releases of dangerous pollutants. On February 11, 2015 the Fluid Catalytic Cracking (FCC) expander at the Refinery, a unit that converts oil to gasoline by "cracking" the large oil molecules apart into smaller ones began experiencing vibrations that over the course of several days continued to worsen. On February 16, 2015 the expander vibrations exceed a specified limit which caused the FCC unit to switch to a "park" mode by the preset logic controls. The Plaintiffs are informed and believe that in the early morning of February 18, 2015 maintenance workers who were dispatched to the FCC expander became concerned due to the amount of steam coming from the FCC expander. As the concerning steam reduced, however, hydrogen sulfide alarms started, requiring Refinery workers to exit the FCC unit. As residents and workers were finishing their morning commutes on February 18, 2015 a blast which hit the Torrance area with a shockwave comparable to an earthquake, originated from the refinery's 12 story electrostatic precipitators (ESP). As a result, the residents, commuting workers, and business owners of the Torrance area suffered significant economic harm. The explosion released dangerous compounds into the atmosphere surrounding the City of Torrance, was not a freak accident or a chance occurrence. It was an inevitable byproduct of Defendants' Willful and conscious disregard of public safety. In the aftermath of the explosion, copious evidence regarding the multiple health and safety violations at the refinery all point to one conclusion: it was only a matter of time until the poor decisions made by Defendants' officers, directors, and managing agents allowed such an incident to occur. The Plaintiffs are represented by: Matthew J. Matem, Esq. Tagore Subramaniam, Esq. Daniel J. Bass, Esq. MATERN LAW GROUP, PC 1230 Rosecrans Avenue, Suite 200 Manhattan Beach, CA 90266 Telephone: (310) 531 1900 Facsimile: (310) 531 1901 FIFTH STREET: Settlement of Securities Litigation Wins Final OK --------------------------------------------------------------- Fifth Street Finance Corp. previously disclosed that it had been named as a defendant in consolidated securities class actions filed on behalf of stockholders of the Company and pending in the United States District Court for the Southern District of New York under the caption In re Fifth Street Finance Corp. Securities Litigation, No. 15-cv-7759 (LAK), for which the court entered a proposed settlement order on November 9, 2016. A fairness hearing was held on February 16, 2017 and the proposed settlement was approved. Fifth Street Finance said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016, that no objections or opt-outs to the settlement in the FSC class-action lawsuits were received by the deadline. In October and November of 2015, the Company, its executive officers and Fifth Street Asset Management Inc. ("FSAM"), a publicly traded alternative asset manager, were named as defendants in three putative securities class-action lawsuits filed in New York and Connecticut federal courts (and later consolidated in New York). The lawsuits alleged violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 on behalf of a putative class of investors who purchased FSC common stock between July 7, 2014, and February 6, 2015. The lawsuits alleged in general terms that defendants engaged in a purportedly fraudulent scheme designed to artificially inflate the true value of our investment portfolio and investment income in order to increase FSAM's revenue. The plaintiffs sought compensatory damages and attorneys' fees and costs, among other relief, but did not specify the amount of damages being sought. A lead plaintiff was selected in February 2016, a consolidated complaint similar to the original complaint was filed in April 2016, and a motion to dismiss the consolidated complaint was filed in May 2016. The parties agreed in July to settle the case for $14.1 million, with approximately 99% of the settlement amount to be paid from insurance coverage. Confirmatory discovery was completed in August 2016, and the lead plaintiff filed the proposed settlement with the court in September. On November 9, 2016, the court authorized the parties to send notice to the class and scheduled a fairness hearing for February 16, 2017. No objections or opt-outs to the settlement were received by the deadline. Additional information on the case is available at: http://www.fscsecuritiessettlement.com Fifth Street Finance Corp. is a specialty finance company that is a closed-end, non-diversified management investment company. The Company has elected to be regulated as a business development company under the 1940 Act. The Company has qualified and elected to be treated as a regulated investment company ("RIC") under the Internal Revenue Code of 1986, as amended (the "Code"), for tax purposes. FIFTH STREET: Plaintiff Fees Paid from Insurance Coverage --------------------------------------------------------- Fifth Street Finance Corp. said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016, that plaintiff fees and expenses of $0.4 million in the FSC Delaware Class-Action Lawsuit were paid from insurance coverage during the three months ended December 31, 2016. On January 29, 2016, James Craig filed a putative stockholder class-action lawsuit in the Court of Chancery of the State of Delaware against the Company's officers and directors, Fifth Street Management, Fifth Street Asset Management Inc. ("FSAM"), the Company and Fifth Street Holdings L.P. The complaint alleged that the defendants breached their fiduciary duties to our stockholders by, among other things, issuing an incomplete or inaccurate preliminary proxy statement that purportedly attempted to mislead our stockholders into voting against proposals to be presented by another shareholder in a proxy contest in connection with the Company's 2016 annual meeting. The complaint sought, among other things, an injunction preventing the Company and its Board of Directors from soliciting proxies for the 2016 annual meeting until additional disclosures were issued. The plaintiff moved for expedited proceedings and for a preliminary injunction. Defendants opposed plaintiff's motion for expedited proceedings and moved to dismiss the case. The Company also filed another amendment to the preliminary proxy statement, making additional disclosures relating to issues raised by plaintiff. On February 16, 2016, plaintiff withdrew his motions for a preliminary injunction and expedited proceedings. Plaintiff later informed the court that his case had become moot upon the withdrawal of the competing proxy proposal, and he moved for a "mootness fee." On September 23, 2016, the court awarded plaintiff fees and expenses of $0.4 million, which were paid from insurance coverage during the three months ended December 31, 2016. Fifth Street Finance Corp. is a specialty finance company that is a closed-end, non-diversified management investment company. The Company has elected to be regulated as a business development company under the 1940 Act. The Company has qualified and elected to be treated as a regulated investment company ("RIC") under the Internal Revenue Code of 1986, as amended (the "Code"), for tax purposes. FIRST STEP: Kobleski Files Placeholder Class Certification Bid -------------------------------------------------------------- In the lawsuit styled MICHAEL KOBLESKI, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. FIRST STEP GROUP, LLC, and CACH, LLC, the Defendants, Case No. 2:17-cv- 00261-NJ (E.D. Wisc.), the Plaintiff moves the court to certify a class, and requests that the Court both stay the motion for class certification and to grant Plaintiff (and Defendants) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the motion. To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiffs contend. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=bTtHcLiT The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482 8000 Facsimile: (414) 482 8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com FITNESS INTERNATIONAL: "Morrison" Suit Seeks Unpaid Wages --------------------------------------------------------- LA TOIYA MORRISON individually and on behalf of all other similarly aggrieved employees, the Plaintiff, v. FITNESS INTERNATIONAL, LLC d/b/a/ LA FITNESS, a California Corporation, the Defendant, Case No. 30-2017-00903963-CU-OE-CXC (S.D. Fla., Feb. 17, 2017), seeks to recover unpaid sick leave and lose wages. The case is a representative action, pursuant to Labor Code Private Attorneys General Act of 2004 for civil penalties and attorney's fees and costs, on behalf of Plaintiff and all other current and former aggrieved employees who are or have been employed as group fitness instructors or in a similar capacity by the Defendants in California. The Defendant is a privately-owned health club chain and is one of the largest nonfranchised fitness club operators in the United States. Defendant operates approximately 676 fitness clubs under the name LA Fitness in North America, including 649 clubs in 29 states, and 27 clubs in Canada. The Plaintiff is represented by: Julian Hammond, Esq. Polina Pecherskaya, Esq. Art Cherniak, Esq. HAMMONDLAW, P.C. 1829 Reisterstown Rd., Suite 410 Baltimore, MD 21208 Telephone: (310) 601 6766 Facsimile: (310) 295 2385 E-mail: JHammond@hammondlawpc.com ppecherskaya@hammondlawpc.com AChemiak@hammondlawpc.com FLOWERAMA INC: "Rubio" Suit Alleges Labor Law Violations -------------------------------------------------------- LUIS RUBIO, on Behalf of Himself and All Others Similarly Situated, the Plaintiffs, v. FLOWERAMA, INC. d/b/a THE PETAL PUSHER, SYDNEE K. ABEL and WILLIAM MARTINEZ, the Defendants, Case No. 1:17-cv-01248 (S.D.N.Y., Feb. 17, 2017), seeks to remedy violations of the wage and hour provisions of the Fair labor Standards Act (FLSA). The Plaintiffs were employed by Defendants as floral arrangers, delivery people, and customer service representatives, whose duties included, but were not limited to, cutting and removing thorns from flowers, making floral arraignments, providing customer service and making local floral deliveries on foot (Floral Workers). The Floral Workers perform similar job duties, are subject to the same employment policies, practices and procedures, and are directed by Defendants on how to perform their work. The Defendants are involved in the arrangement, sale, and delivery of flowers and floral arrangements. The Plaintiff is represented by: William Cafaro, Esq. Law Offices of William Cafaro 108 West 39th Street, Suite 602 New York, NY 10018 Telephone: (212) 583 7400 FOFO'S TOY: Morgan & Curtis Assoc. Sues Over Spam Fax ----------------------------------------------------- MORGAN & CURTIS ASSOCIATES, INC., on behalf of itself and all others similarly situated, the Plaintiff, v. FOFO'S TOY INC. D/B/A THE EMPORIUM, the Defendant, Case No. 2:17-cv-01032 (E.D.N.Y., Feb. 23, 2017), seeks redress for the wrongs done by Defendant in violation of the Telephone Consumer Protection Act (TCPA) and N.Y. General Business Law. The Defendant has sent or caused to be sent over 5000 unsolicited and solicited fax advertisements for goods and/or services without proper opt-out notices to persons throughout the United States within the applicable limitations period for the TCPA, which is four years. As a result, Defendant is liable to Plaintiff and the proposed Classes A and B of similarly situated persons under the TCPA. The Emporium was a department store founded in 1896 in San Francisco. The Plaintiff is represented by: Aytan Y. Bellin, Esq. BELLIN & ASSOCIATES LLC 85 Miles Avenue White Plains, NY 10606 Telephone: (914) 358 5345 Facsimile: (212) 571 0284 E-mail: aytan.bellin@bellinlaw.com FORD MOTOR: Still Defends Sudesh Agrawal Class Suit --------------------------------------------------- Ford Motor Credit Company v. Sudesh Agrawal has been remanded to trial court for further proceedings, Ford Motor Credit Company LLC said in its Form 10-K Report filed with the Securities and Exchange Commission on February 9, 2017, for the fiscal year ended December 31, 2016. On January 18, 2011, a state trial court judge in Cuyahoga County, Ohio certified a nationwide class action with an Ohio subclass in a counterclaim arising out of a collection action. Class claimants allege breach of contract, fraud, and statutory violations for Ford Credit's lease-end wear and use charges. Class claimants allege that the standard applied by Ford Credit in determining the condition of vehicles at lease-end is different than the standard set forth in claimants' leases. The Court of Appeals of Ohio, Eighth Appellate District, affirmed nationwide class certification and certification of an Ohio subclass. The Company said, "We appealed, and on December 17, 2013, the Supreme Court of Ohio reversed the Court of Appeals and remanded the case for further proceedings. On March 13, 2014, the Court of Appeals reversed the trial court order certifying the classes and remanded the case for further proceedings. "On September 28, 2015, the trial court re-certified a nationwide class action with an Ohio subclass. We appealed, and on September 22, 2016, the Court of Appeals reversed the trial court order certifying the classes and remanded the case for further proceedings." Ford Motor Credit offers a wide variety of automotive financing products to and through automotive dealers throughout the world. FREEMAN DECORATING: March 27 Hearing on Class Certification Bid --------------------------------------------------------------- In the lawsuit captioned UTILITY COST MANAGEMENT LLC, a California limited liability company, and all others similarly situated, the Plaintiff, v. FREEMAN DECORATING SERVICES, INC, a Texas corporation; and DOES 1 through 100, inclusive, the Defendants, et al., Case No. 2:16-cv-01516-BRO-RAO (C.D. Cal.), the Plaintiff will move the Court on March 27, 2017 before Hon. Beverley Reid O'Connell for an order to certify a class and appoint class counsel. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=SPWuaewo The Plaintiff is represented by: Patrick Fourchy, Esq. LAW OFFICE OF PATRICK FOURCHY 3716 N First St. Fresno, CA 93726 Telephone: (559) 225 8324 FUSIONPHARM INC: Sued in Colo. Over Securities Laws Violations -------------------------------------------------------------- JOSEPH SOLIMAN, Individually and on behalf of all others similarly situated, the Plaintiff, v. FUSIONPHARM, INC., SCOTT M. DITTMAN, and WILLIAM J. SEARS, the Defendants, Case No. 1:17-cv-00454 (D. Colo., Feb. 17, 2017), seeks to recover compensable damages caused by Defendants' violations of the federal securities laws and to pursue remedies under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. The case is a federal securities class action on behalf of a class consisting of all persons other than Defendants who purchased or otherwise acquired FusionPharm securities between March 31, 2012 and May 16, 2014, both dates inclusive The Defendants caused the Company to issue materially misleading statements and/or omit material information regarding the Company's purported revenues. In particular, Defendants engaged in a fraudulent scheme by utilizing backdated convertible notes and preferred FusionPharm stock in order to cause the Company to issue common stock to entities owned and/or controlled by defendant William J. Sears ("Sears) (the brother-in-law of the Company's Chief Executive Officer (CEO), defendant Scott M. Dittman), including Microcap Management LLC (Microcap), Bayside Realty Holdings LLC (Bayside) and Meadpoint Venture Partners, LLC. FusionPharm focuses on the development, production and sales of its "patent pending PharmPods cultivation container system," which are refurbished shipping containers used primarily to grow cannabis. The Plaintiff is represented by: Jeffrey A. Berens, Esq. BERENS LAW LLC 2373 Central Park Boulevard, Suite 100 Denver, CO 80238 Telephone: (303) 861 1764 Facsimile: (303) 395 0393 E-mail: jeff@jberenslaw.com - and - Joshua M. Lifshitz, Esq. Edward W. Miller, Esq. LIFSHITZ & MILLER LLP 821 Franklin Avenue, Suite 209 Garden City, NY 11530 Telephone: (516) 493 9780 Facsimile: (516) 280 7376 E-mail: jml@jlclasslaw.com ewm@jlclasslaw.com GARCIA PAEZ: Illegally Collects Debt, "Pepper" Suit Claims ---------------------------------------------------------- Sharon D. Pepper, an individual on behalf of herself and all others similarly situated v. Garcia Paez, P.A. and Joseph A. Garcia, Case No. 1:17-cv-20766-JLK (S.D. Fla., February 27, 2017), seeks to stop the Defendant's unfair and unconscionable means to collect a debt. The Defendants operate a law firm located at 5979 NW 151st St #111, Miami Lakes, FL 33014. The Plaintiff is represented by: Robert William Murphy, Esq. ROBERT W MURPHY, ATTORNEY AT LAW 1212 SE 2nd Avenue Fort Lauderdale, FL 33316 Telephone: (954) 763-8660 Facsimile: 763-8607 E-mail: rphyu@aol.com GENERAC POWER: Swisegood Sues Over Defective Generator ------------------------------------------------------ JOSEPH SWISEGOOD, on behalf of himself and all others similarly situated, the Plaintiff, v. GENERAC POWER SYSTEMS, INC., the Defendant, Case No. 4:17-cv-04058-SLD-JEH (C.D. Ill., Feb. 17, 2017), seeks to recover economic and compensatory damages, Restitution, actual damages sustained together with any and all statutory damages, multipliers, or enhancements allowed, punitive damages, as otherwise applicable, injunctive and declaratory relief, and reasonable attorneys' fees and reimbursement of all costs for prosecution of the action. The case is an action on behalf of Plaintiff, and a class of all others similarly situated, against Generac, the manufacturer of generators that are defective as they are prone to leak oil. As evidenced by its issuance of at least one service bulletin concerning the tendency of its generators to leak, Generac knew of this defect. Yet it failed to tell its customers that their generators were prone to leaking, despite the fact that it knew that this leaking was likely to occur while the generators owned by Plaintiff and the putative class members were still under warranty. As a result of Generac's failure to remedy this defect in its generators, their generators not only leaked oil, but were prone to motor failure resulting from the generators running without sufficient oil-motor failure that Generac has systematically refused to remedy. Thus, a relatively small defect that could have been easily fixed by Generac has, due to Generac's misconduct, resulted in Plaintiff and class members being forced to expend considerable sums to replace the motors of their generators. The Plaintiff is a resident of Nauvoo, Illinois. Swisegood purchased a 120/240 volt GP 3250 model Generac generator in 2016 at his local Menards. Prior to purchase, he reviewed the box, and he had a conversation with the store's sales agent. The sales rep told Mr. Swisegood that the Generator was a reliable and durable product and would come with a warranty. Plaintiff Swisegood relied on those representations and decided to purchase the Generator. Plaintiff Swisegood paid $487.00 for the Generator. After three months, the Generator began to leak oil and not work as advertised. As a result, Plaintiff Swisegood called Defendant and put them on notice of the defects he noticed. Defendant refused to repair the Generator or honor the warranty that it came with. The Plaintiff is represented by: Michael J. Flannery, Esq. CUNEO GILBERT & LADUCA, LLP 7733 Forsyth Boulevard, Suite 1675 Clayton, MO 63105 Telephone: (314) 226 1015 Facsimile: (202) 789 1813 E-mail: mflannery@cuneolaw.com - and - Charles J. LaDuca, Esq. Katherine Van Dyck, Esq. CUNEO GILBERT & LADUCA, LLP 4725 Wisconsin Avenue, NW, Suite 200 Washington, DC 20016 Telephone: (202) 789 3960 Facsimile: (202) 789 1813 E-mail: charles@cuneolaw.com kvandyck@cuneolaw.com - and - Michael McShane, Esq. S. Clinton Woods, Esq. AUDET & PARTNERS, LLP 711 Van Ness Avenue, No. 500 San Francisco, CA 94102 Telephone: (415) 568 2555 Facsimile: (415) 576 1776 E-mail: mmcshane@audetlaw.com - and - Robert K. Shelquist, Esq. Craig S. Davis, Esq. Rebecca A. Peterson, Esq. LOCKRIDGE GRINDAL NAUEN P.L.L.P. 100 Washington Avenue S., Suite 2200 Minneapolis, MN 55401 Telephone: (612) 339 6900 Facsimile: (612) 339 0981 E-mail: rkshelquist@locklaw.com csdavis@locklaw.com rapeterson@locklaw.com - and - Charles E. Schaffer, Esq. LEVIN, FISHBEIN, SEDRAN & BERMAN 510 Walnut Street, Suite 500 Philadelphia, PA 19106 Telephone: 215 592 1500 E-mail: cschaffer@lfsblaw.com - and - J. Barton Goplerud, Esq. Brian O. Marty, Esq. SHINDLER, ANDERSON, GOPLERUD& WEESE, P.C. 5015 Grand Ridge Drive, Suite 100 West Des Moines, IA 50265 Telephone: (515) 223 4567 Facsimile: (515) 223 8887 E-mail: goplerud@sagwlaw.com marty@sagwlaw.com GENWORTH FINANCIAL: Rosenfeld Family Suit Moved to E.D. Va. ----------------------------------------------------------- The class action lawsuit titled ROSENFELD FAMILY TRUST, On Behalf of Itself and All Others Similarly Situated, the Plaintiff, v. GENWORTH FINANCIAL, INC., THOMAS J. MCINERNEY, JAMES S. RIEPE, WILLIAM H. BOLINDER, G. KENT CONRAD, MELINA E. HIGGINS, DAVID M. MOFFETT, THOMAS E. MOLONEY, and JAMES A. PARKE, the Defendants, Case No. 1:17-cv-00073 was transferred from the U.S. District Court for the District of Delaware, to the U.S. District Court for the Eastern District of Virginia - (Richmond). The District Court Clerk assigned Case No. 3:17-cv-00156-REP to the proceeding. The case is a class action brought on behalf of the public stockholders of Genworth Financial, Inc. against Genworth and its Board of Directors (the "Board" or the "Individual Defendants") for their violations of Sections 14(a) and 20(a) of the Securities Exchange Act of 1934 and to enjoin the vote on a proposed transaction, pursuant to which Genworth will be acquired by China Oceanwide Holdings Group Co., Ltd. ("China Oceanwide") through its newly formed subsidiary Asia Pacific Global Capital Co., Ltd. On October 23, 2016, Genworth issued a press release announcing that it had entered into an Agreement and Plan of Merger (the "Merger Agreement") to sell Genworth to China Oceanwide. Under the terms of the Merger Agreement, China Oceanwide will acquire all outstanding shares of Genworth for $5.43 in cash per share of Genworth's Class A common stock (the "Merger Consideration"). China Oceanwide will also contribute to Genworth $600 million of cash to address Genworth's debt maturing in 2018, and $525 million of cash to the U.S. life insurance businesses. The Proposed Transaction is valued at approximately $2.7 billion. The Proposed Transaction is the result of an unfair process designed to ensure the sale of Genworth to China Oceanwide on terms preferential to defendants and other Company insiders. The Proposed Transaction is being driven by Genworth insiders, who not only stand to benefit from the accelerated vesting of their unvested equity awards, but have also secured employment with the combined company. Genworth Financial is a Fortune 500 insurance company. The firm was founded as The Life Insurance Company of Virginia in 1871. The Plaintiff is represented by: Richard A. Acocelli Michael A. Rogovin Kelly C. Keenan WEISSLAW LLP 1500 Broadway, 16th Floor New York, NY 10036 Telephone: (212) 682 3025 - and - Daniel Patrick Murray, Esq. O'KELLY & ERNST LLC 901 North Market Street, Suite 1000 Wilmington, DE 19801 Telephone: (302) 778 4000 E-mail: rernst@oelegal.com dmurray@oelegal.com The Defendants are represented by: Daniel A. Dreisbach, Esq. Jeffrey L. Moyer, Esq. Sarah Anne Clark, Esq. Srinivas Mudunuri Raju, Esq. RICHARDS, LAYTON & FINGER, PA One Rodney Square, Suite 600 920 N. King Street Wilmington, DE 19801 Telephone: (302) 651 7700 - and - Edward Joseph Fuhr, Esq. George Peter Sibley, III Johnathon Earl Schronce, Esq. HUNTON & WILLIAMS LLP 951 E Byrd St Riverfront Plaza Richmond, VA 23219 Telephone: (804) 788 8200 E-mail: gsibley@hunton.com efuhr@hunton.com jschronce@hunton.com GLOBAL EAGLE: M&M Hart Trust Sues Over Exchange Act Violations -------------------------------------------------------------- M & M HART LIVING TRUST, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. GLOBAL EAGLE ENTERTAINMENT INC., DAVID M. DAVIS, THOMAS E. SEVERSON JR., and MICHAEL ZEMETRA, the Defendants, Case No. 2:17-cv-01479 (C.D. Cal., Feb. 23, 2017), seeks to recover compensable damages caused by Defendants' violations of the federal securities laws and to pursue remedies under the Securities Exchange Act of 1934. The case is a federal securities class action on behalf of a class consisting of all persons other than Defendants who purchased or otherwise acquired common shares of Global Eagle between July 27, 2016 and February 17, 2017, both dates inclusive. On July 27, 2016, Global Eagle announced that it had completed its previously announced acquisition of Emergency Markets Communications ("EMC"), a communications services provider to maritime and hard-to-reach land markets. Throughout the Class Period, Defendants made materially false and misleading statements regarding the Company's business, operational and compliance policies. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) Global Eagle was unable to timely and properly account for the EMC acquisition; (ii) consequently, the Company lacked effective internal controls over financial reporting; and (iii) as a result, Global Eagle's financial statements were materially false and misleading at all relevant times. Global Eagle provides content, connectivity, and digital media solutions for travel industry worldwide. The Company operates through two segments, Connectivity and Content. The Connectivity segment offers Wi-Fi Internet connectivity through Kuband satellite transmissions. This segment offers specialized network equipment, media applications, and premium content services that allow airline passengers to access in-flight Internet, live television, on-demand content, texting services, shopping, and flight and destination information, as well as real-time data and operations solutions. The Plaintiff is represented by: Jennifer Pafiti, Esq. Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. Hui M. Chang, Esq. Patrick V. Dahlstrom, Esq. POMERANTZ LLP 468 North Camden Drive Beverly Hills, CA 90210 Telephone: (818) 532 6499 E-mail: jpafiti@pomlaw.com jalieberman@pomlaw.com ahood@pomlaw.com hchang@pomlaw.com pdahlstrom@pomlaw.com - and - Peretz Bronstein, Esq. BRONSTEIN, GEWIRTZ & GROSSMAN, LLC 60 East 42nd Street, Suite 4600 New York, NY 10165 Telephone: (212) 697 6484 Facsimile: (212) 697 7296 E-mail: peretz@bgandg.com GREAT AMERICAN: Faces "Wasserman" Suit Over Failure to Pay OT ------------------------------------------------------------- Laurie Wasserman, individually and on behalf of all others similarly situated v. Great American Jewlery, Inc., Laurie Chariton, and Lawrence Chariton, Case No. 2:17-cv-01089-SJF-SIL (E.D.N.Y., February 27, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. Great American Jewlery, Inc. specializes in supplying fashion jewelry to dollar stores and thrift stores. Laurie Wasserman is a pro se plaintiff. IDEAL CONCEPTS: Faces "Gould" Suit Over Unsolicited Calls --------------------------------------------------------- CATHERINE GOULD, individually and on behalf of all others similarly situated, the Plaintiff, v. IDEAL CONCEPTS, INC. d/b/a AMERICAN INSURANCE ORGANIZATION, the Defendant, Case No. 2017CH02439 (Ill. Cir. Ct., Feb. 17, 2017), seeks to recover damages of $500.00 per call made by Ideal Concepts and up to $1,500.00 per call if the Court finds that Ideal Concepts willfully violated the Telephone Consumer Protection Act (TCPA). By making calls to the cell phones of Gould and the members of the putative class without first obtaining their prior express written consent, Ideal Concepts violated the express provisions of the TCPA. Ideal Concepts knew or should have known that Gould and members of the putative class did not provide their prior express written consent to receive calls on their cell phones. Ideal Concepts does business as American Insurance Organization. American Insurance Organization is registered as a fictitious name for Ideal Concepts with the office of the Pennsylvania Secretary of State. Ideal Concepts markets and sells insurance products to the general public, including health and life insurance. The Plaintiff is represented by: James X. Bormes, Esq. LAW OFFICE OF JAMES X. BORMES, P.C. 8 South Michigan Avenue, Suite 2600 Chicago, IL 60603 Telephone: (312) 201 0575 Facsimile:(312) 332 0600 E-mail: jxbormes@bormeslaw.com - and - David T. Butsch, Esq. Christopher E. Roberts, Esq. BUTSCH ROBERTS & ASSOCIATES LLC 231 South Bemiston Avenue, Suite 260 Clayton, MO 63105 Telephone: (314) 863 5700 Facsimile: (314) 863 5711 E-mail: butsch@butschroberts.com roberts@butschroberts.com IMMEDIATE CREDIT: March 20 Hearing on "Hovermale" Class Cert. Bid ----------------------------------------------------------------- In the lawsuit titled JENNIFER D. HOVERMALE, on behalf of herself and all others similarly situated, the Plaintiff, v. IMMEDIATE CREDIT RECOVERY, INC., the Defendant, Case No. 1:15-cv-05646-RBK- JS (D.N.J.), the Plaintiff will move the Court on March 20, 2017, in Courtroom 4D, at the United States Court for the District of New Jersey, for an Order certifying the case to proceed as a class action. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=U8s1PF3J The Plaintiff is represented by: Philip D. Stern, Esq. Andrew T. Thomasson, Esq. STERN THOMASSON LLP 150 Morris Avenue, 2nd Floor Springfield, NJ 07081-1315 Telephone: (973) 379 7500 IMMUNOMEDICS INC: Hagens Berman, Lite DePalma to Lead Case ---------------------------------------------------------- In the case, Fergus v. Immunomedics, Inc., et al., No. 2:16-cv- 03335 (D.N.J.), Magistrate Judge Cathy L. Waldor entered an order granting a motion to consolidate cases, appoint lead plaintiff, and approve lead and liaison counsel. The law firm Hagens Berman Sobol Shapiro LLP is appointed Lead Counsel for the Class and the law firm Lite DePalma Greenberg, LLC is appointed as Liaison Counsel in the action. Mr. Sensung Tsai is appointed to serve as Lead Plaintiff. Immunomedics, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016, that two purported class action cases have been filed in the United States District Court for the District of New Jersey; namely, Fergus v. Immunomedics, Inc., et al., No. 2:16-cv-03335, filed June 9, 2016; and Becker v. Immunomedics, Inc., et al., No. 2:16-cv-03374, filed June 10, 2016. These cases arise from the same alleged facts and circumstances, and seek class certification on behalf of purchasers of our common stock between April 20, 2016 and June 2, 2016 (with respect to the Fergus matter) and between April 20, 2016 and June 3, 2016 (with respect to the Becker matter). These cases concern the Company's statements in press releases, investor conference calls, and SEC filings beginning in April 2016 that the Company would present updated information regarding its IMMU-132 breast cancer drug at the 2016 American Society of Clinical Oncology ("ASCO") conference in Chicago, Illinois. The complaints allege that these statements were false and misleading in light of June 2, 2016 reports that ASCO had cancelled the presentation because it contained previously reported information. The complaints further allege that these statements resulted in artificially inflated prices for our common stock, and that the Company and certain of its officers are thus liable under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. An order of voluntarily dismissal without prejudice was entered on November 10, 2016 in the Becker matter. As of Feb. 9, service of the initiating papers in the Fergus matter has not been made on the Company. IMMUNOMEDICS INC: "Desanctis" Stockholder Suit Underway ------------------------------------------------------- Immunomedics, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016, that the Delaware Court of Chancery has refused to schedule an expedited hearing in the stockholder class action, Desanctis v. Goldenberg, C.A. On December 13, 2016, plaintiff commenced an action captioned Desanctis v. Goldenberg, C.A. No. 12981-VCL (Del. Ch. Ct.), alleging that the Company's Board of Directors failed to comply with Delaware law and breached their fiduciary duties when it rescheduled the Immunomedics 2016 Annual Meeting of Stockholders from December 14, 2016 to February 16, 2017. On December 22, 2016, the Delaware Court of Chancery refused to schedule an expedited hearing in the action and concluded that plaintiff failed to carry his burden of demonstrating that he had pleaded a colorable claim and that there was a threat of irreparable harm. The Court further stated that the Complaint failed to demonstrate that the Board's actions were unreasonable when it rescheduled the Annual Meeting in response to the proxy contest initiated by venBio Select Advisor LLC. Immunomedics is a clinical-stage biopharmaceutical company that develops monoclonal antibody-based products for the targeted treatment of cancer, autoimmune and other serious diseases. INNOVATIVE DINING: Teeter Seeks Unpaid Wages Under Labor Code ------------------------------------------------------------- BENJAMIN L. TEETER; AND ALL OTHERS SIMILARLY SITUATED, the Plaintiff, v. INNOVATIVE DINING GROUP, LLC; SUSHI CONCEPTS SM, LLC dba SUSHI ROKU; and DOES 1 through 50, inclusive, the Defendant, Case No. BC 651002 (Cal. Super. Ct., Feb. 17, 2017), seeks to recover monetary relief against Defendants on behalf of himself and all others similarly situated in California to recover, among other things, unpaid wages and benefits, interest, attorney's fees, costs and expenses, and penalties pursuant to Labor Code. The Plaintiff brought the putative class and representative action against Defendants on behalf of himself and other similarly- situated present and former California residents who are currently working, or have worked, for Defendants in California in non- exempt positions. The Plaintiffs allege that Defendants have engaged in a systematic pattern of wage and hour violations under the California Labor Code and Industrial Welfare Commission (IWC) wage orders, all of which contribute to Defendants' deliberate unfair competition. The Plaintiff alleges that Defendants have increased their profits by violating state wage and hour laws by, among other things: failing to pay minimum wages; failing to pay overtime compensation; requiring employees to participate in unlawful tip pooling; failing to provide meal periods or compensation in lieu thereof; failing to authorize or permit rest breaks or provide compensation in lieu; failing to provide accurate itemized wage statements; and failing to pay all wages due upon separation of employment. Innovative Dining has restaurants all over Los Angeles, Las Vegas, and Scottsdale. The Plaintiff is represented by: David B. Van Etten, Esq. Keith A. Sipprelle, Esq. VAN ETTEN SIPPRELLE LLP 2801 Townsgate Road, Suite 210 Westlake Village, CA 91361 Telephone: (805) 719 4900 Facsimile: (805) 719 4950 ISORAY INC: Settlement of Securities Litigation Wins Final OK ------------------------------------------------------------- IsoRay, Inc. (NYSE MKT: ISR), a medical technology company and innovator in seed brachytherapy and medical radioisotope applications for the treatment of prostate, brain, lung, head and neck and gynecological cancers, on March 9 announced that the previously announced Stipulation of Settlement has been approved by the U.S. District Court for the Eastern District of Washington. The Settlement, in which the parties agreed to settle the consolidated securities class action litigation, IsoRay, Inc. Securities Litigation, Case No. 4:15-cv-05046-LRS (the "Litigation"), was first announced on September 27, 2016. The court has entered an order and final judgment that will (i) dismiss with prejudice and release the claims asserted in the complaint against the defendants, including IsoRay, and any claims that could have been asserted that arise or relate to the facts alleged in the complaint, such that every member of the settlement class will be barred from asserting such claims in the future, and (ii) approve the payment of the $3,537,500 settlement fund, minus the payment of attorneys' fees and costs to plaintiff's counsel, to members of the settlement class, which was previously funded entirely by IsoRay's insurance carriers. The Defendants have denied and continue to deny each and all of the claims alleged by the plaintiffs in the Litigation. Nevertheless, the Defendants agreed to the Settlement to eliminate the uncertainty, distraction, burden, and expense of further litigation. IsoRay said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016, that on May 22, 2015, the first of three lawsuits was filed against IsoRay, Inc. and two of its then- current officers -- Dwight Babcock (the Company's retired CEO) and Brien Ragle (the Company's former CFO) -- related to a press release on May 20, 2015 regarding a May 19 online publication of the peer-reviewed article in the journal Brachytherapy titled "Analysis of Stereotactic Radiation vs. Wedge Resection vs. Wedge Resection Plus Cesium-131 Brachytherapy in Early-Stage Lung Cancer" by Dr. Bhupesh Parashar, et al. The lawsuits are class actions alleging violations of the federal securities laws. By Order dated August 17, 2015, all of the pending lawsuits were consolidated into one case -- In re IsoRay, Inc. Securities Litigation; Case No. 4:15-cv-05046-LRS, in the US District Court for the Eastern District of Washington. On October 16, 2015, an amended complaint was filed with more detailed allegations relating to alleged violations of federal securities laws. On December 15, 2015, IsoRay filed a motion to dismiss the complaint altogether. On June 1, 2016, the court entered an order denying IsoRay's motion to dismiss, holding that the complaint's allegations, if accepted as true, state a plausible claim to relief. The order did not adjudicate the merits of the lawsuit. No other issues were decided in the ruling. On June 15, 2016, IsoRay filed its answer to the amended complaint. As IsoRay previously disclosed, on September 23, 2016, the parties entered into a stipulation of settlement which, if it becomes final, will provide for a payment to the plaintiff class of $3,537,500, which will be paid by our insurers. On October 4, 2016, the stipulation of settlement was filed with the court, along with plaintiffs' unopposed motion for preliminary approval of the settlement. On October 20, 2016, the court granted preliminary approval of the settlement. Following notice to class members, the class action is subject to final approval by the court. IsoRay, Inc. is a brachytherapy device manufacturer with FDA clearance and CE marking for a single medical device that can be delivered to the physician in multiple configurations as prescribed for the treatment of cancers in multiple body sites. The Company manufactures and sells this product as the Cesium-131 brachytherapy seed. ITERIS INC: Defendants' Answer to Stockholder Suit Due April 20 --------------------------------------------------------------- In the case, Ionni v. Bergera, et al., Case No. 16-cv00807 (D. Del.), Judge Richard G. Andrews granted a stipulation that extends Defendants' time to respond to the complaint. The Order set these dates: Joe Bergera answer due 4/20/2017; Richard Char answer due 4/20/2017; Kevin C. Daly answer due 4/20/2017; Iteris Inc. answer due 4/20/2017; Gregory A. Miner answer due 4/20/2017; Abbas Mohaddes answer due 4/20/2017; Gerard M. Mooney answer due 4/20/2017; Thomas L. Thomas answer due 4/20/2017; Mikel H. Williams answer due 4/20/2017. Iteris, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016, that on September 15, 2016, a stockholder class action and derivative action (captioned Ionni v. Bergera, et al., Case No. 16-cv00807-RGA) was filed in the United States District Court for the District of Delaware (the "Court") against certain of the Company's current and former directors and officers (the "Individual Defendants") and the Company as a nominal defendant (together with the Individual Defendants, the "Defendants"). The complaint asserts claims for breach of fiduciary duty and unjust enrichment. Plaintiff contends that, in 2014 and 2015, the Individual Defendants caused the Company to issue purportedly false and misleading proxy statements in connection with the Company's annual meeting of stockholders in 2014 and 2015 (collectively, the "Proxy Statements"). In those Proxy Statements, the Company's stockholders were asked to approve amendments (the "Amendments") to increase the number of shares of the Company's common stock reserved for issuance under the Iteris, Inc. 2007 Omnibus Incentive Plan (the "2007 Plan"). Among other things, Plaintiff alleges that the Proxy Statements were materially false and misleading because they affirmatively represented that no person could receive more than 500,000 stock options or SARs under the 2007 Plan in any fiscal year (the "Share Limit") and failed to disclose that the Compensation Committee had the discretion to approve an annual grant to a 2007 Plan participant in excess of that amount. Plaintiff contends that, in voting to approve the Amendments, the Company's stockholders were not fully informed and, therefore, the Amendments were not valid. Plaintiff seeks rescission of any stock options granted pursuant to the Amendments, including the option to purchase up to 1,350,000 shares of the Company's common stock that was granted in September 2015 to Mr. Bergera (the "CEO Option") in connection with his appointment to serve as President and Chief Executive Officer of the Company. The Individual Defendants deny that they breached their fiduciary duties and the Company believes the Amendments were properly approved and that all of the options granted pursuant to the Amendments, including the CEO Option, were valid. Nonetheless, to eliminate the burden, expense and uncertainty of the litigation, on November 8, 2016, the parties entered into a Memorandum of Understanding setting forth their agreement in principle to resolve the litigation. In consideration for a release of claims and dismissal of this litigation with prejudice, the Company agreed to submit a proposal at its 2016 Annual Meeting of Stockholders seeking stockholder approval for that portion of the CEO Option that exceeds the Share Limit (i.e., the 850,000 options above the Share Limit (the "Excess Shares")). The Company submitted a proposal of the Excess Shares for approval by the Company stockholders at the 2016 Annual Meeting of Stockholders. On December 15, 2016, the Company's stockholders approved the Excess Shares. The settlement is still subject to final approval of the Court. Pursuant to the Memorandum of Understanding, the parties thereto have agreed that the Plaintiff is entitled to an award of reasonable attorneys' fees and reimbursement of expenses in connection with this litigation. However, the parties have not had any discussions concerning the amount of such fees and expenses. The Company believes that any such fees and expenses will not be material. As a result, the Company has not accrued any amounts in connection with these legal proceedings other than the Company's ongoing attorneys' fees. Iteris, Inc. is a provider of intelligent information solutions for both the traffic management and global agribusiness markets. JAGUAR LAND: Faces "Quesada" Suit in S.D. Fla. ---------------------------------------------- A class action lawsuit has been commenced against Jaguar Land Rover North America, LLC. The case is captioned Pablo S. Quesada, on behalf of himself and all others similarly situated v. Jaguar Land Rover North America, LLC, Case No. 1:17-cv-20775-JAL (S.D. Fla., February 27, 2017). Jaguar Land Rover North America, LLC distributes, markets, sells, and services luxury cars and sport utility vehicles, and related parts. The Plaintiff is represented by: Raul Perez, Esq. Emilia A. Quesada, Esq. SANCHEZ-MEDINA, GONZALEZ, QUESADA LLP 201 Alhambra Circle, Suite 1205 Coral Gables, FL 33134 Telephone: (305) 377-1000 Facsimile: (786) 304-2218 E-mail: rperez@smgqlaw.com equesada@smgqlaw.com JAKLITSCH BUILDERS: Guastafeste Sues Over Breach of Contract ------------------------------------------------------------ ANTHONY GUASTAFESTE, individually and on behalf of all other trust fund beneficiaries entitled to share in the funds received by JAKLITSCH BUILDERS, INC. in connection with certain improvements herein described, the Plaintiff, v. JAKLITSCH BUILDERS, INC. and FRANK JAKLITSCH, the Defendant, Case No. 601451/2017 (N.Y. Sup. Ct., Feb. 17, 2017), seeks to recover damage in an amount to be determined at trial but estimated to be at least the sum of $350,000.00, together with interest due to Defendant's breach of contract. On October 29, 2014, Guastafeste entered into a Contract with the Defendant where Jaklitsch Builders was to act as general contractor overseeing and performing various general construction work on Plaintiff's property, including but not limited to performing all services and proving all labor and materials for certain excavation and demolition, rough grading, sanitary systems, water service, concrete, masonry, fireplaces, framing, beams and girders, roofing, flashing and caulking, gutters and leaders, porch and siding, windows, interior doors and trims, exterior doors, garage doors, deck, insulation, plumbing, HVAC system, electrical, gypsum wall board, tile, wood flooring, stairs, rubbish and cleaning, and related services as more fully set forth in the Contract for the agreed upon price of $760,000.00 As general contractor on the Project, the Defendant was to, inter alia, coordinate all work on the Project, coordinate the work of all subcontractors, perform work in accordance with the design plans, drawings and specifications, and to perform the work in a professional manner. The Defendant breached the Contract by, inter alia, failing to coordinate the work of all subcontractors, failing to pay subcontractors for their work performed, failing to perform work in accordance with the design plans, drawings and specifications, and failing to perform the work in a professional manner. The Plaintiff is represented by: Richard G. Gertler, Esq. GERTLER LAW GROUP, LLC 90 Merrick Avenue Suite 400 East Meadow, New York 11554 Telephone: (516) 228 3553 KAREEM CORP: Faces "Presti" Suit in Caif. Super. Ct. ---------------------------------------------------- JOE LO PRESTI, individually and on behalf of all others similarly situated, Plaintiff, v. KAREEM CORPORATION, a California Corporation dba KAREEM 305 TRUCK dba KAREEM KARTS dba KAREEM CARTS dba KAREEM CARTS MANUFACTURER & COMMISSARY CO.; and DOES 1 through 10, inclusive, Defendants, Case No. BC 652208 (Cal. Super., County of Los Angeles, February 28, 2017), seeks to remedy the alleged negligent manufacturing practices and unlawful business practices of Kareem Karts with respect to the marketing, manufacture, retrofitting, modifications to, construction, and sale of Mobile Food Facility Products which feature downblast fans including carts and food trucks, which allegedly do not meet the UL 762 Standards for kitchen exhaust, pose a health and safety hazard to users such as Plaintiff, and result in substantial damage to the consumer's mobile food facility products including grease stains and deterioration. Kareem Karts specializes in the manufacturing of food trucks and food vending units from catering trucks to small push carts. The Plaintiff is represented by: BRADLEY GROMBACHER LLP Marcus J. Bradley, Esq. Kiley L. Grombacher, Esq. Taylor L. Emerson, Esq. 2815 Townsgate Rd, Suite #130 Westlake Village, CA 91361 Phone: 805-270-7100 E-mail: mbradley@bradleygrombacher.com kgrombacher@bradleygrombacher.com LABORATORY EXPRESS: Lake Seeks Unpaid Wages Under Labor Code ------------------------------------------------------------ ADAM LAKE, on behalf of himself and all others similarly situated, the Plaintiff, v. LABORATORY EXPRESS, INC., a Tennessee Corporation, as known as LAB EXPRESS, or and DOES 1 through 10, inclusive, the Defendants, Case No. 2:17-cv-01486 (C.D. Cal., Feb. 23, 2017), seeks to recover unpaid wages and overtime, reimbursement for fuel and mileage, and related Labor Code violations. The case is an action brought on behalf of current and former drivers for Laboratory Express, Inc. Lab Express utilizes drivers/couriers, who are misclassified as independent contractors, to transport items, packages and or specimens from client cities to specified locations. Lab Express currently collects specimens and related material for 25 different laboratories in over 500 Markets Nationwide. Lab Express misclassified and continues to misclassify its drivers as independent contractors, when under California law, these drivers must be classified as non-exempt, hourly workers. The Lab Express operates a courier service business in locations throughout California, including, but not limited to, Los Angeles County. The Plaintiff is represented by: Christopher J. Hamner, Esq. Amy T. Wootton, Esq. HAMNER LAW OFFICES, APC 555 W. 5th Street, 31st Floor Los Angeles, CA 90013 Telephone: (213) 533 4160 Facsimile: (213) 533 4167 E-mail: chamner@hamnerlaw.com awootton@hamnerlaw.com LINCOLN TRANSPORTATION: Faces "Morales" Wage and Labor Suit ----------------------------------------------------------- EVERARDO MORALES MALDONADO, individually and on behalf of all others similarly situated, the Plaintiff, v. LINCOLN TRANSPORTATION SERVICES INC., and DOES 1 through 100, inclusive, the Defendants, Case No. BC651000 (Cal. Super. Ct., Feb., 2017), seeks damages and all other relief allowable including all wages due while working as Defendant's drivers, attorney's fees, liquidated damages, and prejudgment interest, pursuant to Labor Code. The case is a class action for wage and labor violations arising out of, among other things, Defendant's misclassification of employees, failure to pay wages, failure to reimburse business expenses, and failure to provide meal and rest breaks to its employee drivers. The Defendant intentionally misclassified employees as independent contractors; failed to pay minimum wages for all time worked every pay period; failed to provide meal and rest periods to its California drivers in accordance with the California Labor Code and Industrial Wage Order; failed to pay its drivers one hour of pay at regular rate of compensation for each instance that Defendant failed to provide statutorily mandated rest periods and off-duty meal periods; failed to reimburse business expenses; and for penalties arising from Defendant's issuing to its drivers inaccurate wages statements. Lincoln Transportation is a licensed and bonded freight shipping and trucking company running freight hauling business from Compton, California. The Plaintiff is represented by: David R. Markham, Esq. Maggie Realin Esq. Michael J. Morphew, Esq. Ben Travis, Esq. THE MARKHAM LAW FIRM 750 B Street, Suite 1950 San Diego, CA 92101 Telephone: (619) 399 3995 Facsimile: (619) 615 2067 E-mail: dmarkham@markham-law.com mrealin@markham-law.com mmorphew@markham-law.com btravis@markham-law.com - and - Dorinna E. Hirsch, Esq. HIRSCH LAW FIRM 3008 First Ave. San Diego, CA 92103 Telephone: (619) 822 2266 E-mail: dkirsch@hirsch-law.us LIRA OF NEW YORK: "Sanchez" Suit Seek to Recover Unpaid OT Wages ---------------------------------------------------------------- Gaspar Sanchez, on behalf of others similarly situated v. Lira of New York, Inc. d/b/a Luke's Bar & Grill, By the Glass Inc. d/b/a Uva, Taro Restaurant Inc. d/b/a Due, Luigi Militelo, Luigi Lusardi, Mauro Lusardi, and Massimo Lusardi, Case No. 1:17-cv- 01431 (S.D.N.Y., February 24, 2017), seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standards Act. The Defendants own and operate a restaurant located at 495 E 180th St., Bronx, New York 10457. Gaspar Sanchez is a pro se plaintiff. LISNR INC: "Rackemann" Suit Transferred to S.D. Indiana ------------------------------------------------------- The case captioned ALAN RACKEMANN, individually and on behalf of all others similarly situated, Plaintiff, v. LISNR, INC., a Delaware Corporation, ADEPT MOBILE, LLC, a Massachusetts Limited Liability Company, and INDIANAPOLIS COLTS, INC., an Indiana Corporation, Defendants, Case No. 1:17-cv-00624-TWP-MJD (D. Mass., November 18, 2016) was transferred to the U.S. District Court for the Southern District of Indiana from the U.S. District Court for the District of Massachusetts. The U.S. District Court for the District of Massachusetts found as moot a motion to dismiss for lack of jurisdiction, and the court takes no action on the motions to dismiss, which will remain pending for resolution by the transferred court. The case accuses Defendants of unlawful practice of systematically and surreptitiously intercepting consumers' oral communications on a mobile application without their consent. The Colts partnered with Defendant Lisnr and Defendant Adept Mobile to integrate Lisnr's beacon technology. Allegedly, with the App, Lisnr's software allows the Colts to target specific consumers and send them tailored content, promotions, or advertisements based on their location. Unfortunately for consumers, Defendants allegedly never inform them that their smartphones are being turned into listening devices nor do they ever seek consent in violation of the Electronic Communications Privacy Act. LISNR, INC. develops and provides an ultrasonic communication protocol technology that sends data over audio. The Colts are one of the premier sports and entertainment organizations in the National Football League. The Plaintiff is represented by: Benjamin S. Thomassen, Esq. EDELSON PC 350 North LaSalle Street, Ste. 1300 Chicago, IL 60654 Phone: (312) 589-6370 Fax: (312) 589-6378 - and - Eve-Lynn Rapp, Esq. EDELSON PC 123 Townsent Street, Ste. 100 San Francisco, CA 94107 Phone: (415) 212-9300 Fax: (415) 373-9435 - and - Rafey S. Balabanian, Esq. EDELSON PC 350 North LaSalle Street, Suite 1300 Chicago, IL 60654 Phone: (312) 589-6376 Fax: (312) 589-6378 E-mail: rbalabanian@edelson.com - and - Erica C. Mirabella, Esq. 132 Boylston Street Boston, MA 02116 Phone: (617) 580-8270 Fax: (617) 583-1905 Defendant(s) is represented by: Jesse Jenike-Godshalk, Esq. THOMSPON HINE LLP 312 Walnut Street, Suite 1400 Cincinnati, OH 45202 Phone: (513) 352-6702 Fax: (513) 241-4771 E-mail: Jesse.Jenike-Godshalk@ThompsonHine.com - and - Thomas L. Feher, Esq. THOMPSON HINE LLP 3900 Key Center 127 Public Square Cleveland, OH 44113 Phone: (216) 566-5500 Fax: (216) 566-5800 - and - Thomas F. Zych, Esq. THOMPSON HINE LLP 3900 Key Center 127, Public Square Cleveland, OH 44114 Phone: (216) 566-5605 Fax: (216) 566-5800 - and - Wayne M. Serra, Esq. THOMPSON HINE LLP Suite 3900 127 Public Square Cleveland, OH 44114 Phone: (216) 566-5500 - and - Jerrold G. Neeff, Esq. THE BOSTONIAN LAW GROUP 33 Kingston Street Fourth Floor Boston, MA 02111 Phone: (617) 338-1046 Fax: (617) 451-5462 - and - Eric C. Bosset, Esq. COVINGTON & BURLING LLP One City Center 850 Tenth Street, NW Washington, DC 20001-4956 Phone: (202) 662-5606 Fax: (202) 778-5606 E-mail: ebosset@cov.com - and - John P. Pucci, Esq. BULKLEY RICHARDSON & GELINAS 1500 Main Street, Suite 2700 PO Box 15507 Springfield, MA 01115-5507 Phone: (413) 272-6290 - and - Katharine Goodloe, Esq. COVINGTON & BURLING LLP One City Center 850 Tenth Street, NW, Washington, DC 20001-4965 Phone: (202) 662-6000 - and - Michael D. Roundy, Esq. BULKLEY RICHARDSON & GELINAS 1500 Main Street, Suite 2700 PO Box 15507 Springfield, MA 01115-5507 Phone: (413) 781-2820 LJ ROSS: White Sues in E.D. Mich. Over Debt Collection Violations ----------------------------------------------------------------- HEATHER L. WHITE, individually and on behalf of similarly situated persons, the Plaintiff, v. LJ ROSS ASSOCIATES, INC., the Defendant, Case No. 4:17-cv-10595-LVP-RSW (E.D. Mich., Feb. 23, 2017), seeks statutory damages, actual damages and attorney's fees and costs of suit as allowed by the Fair Debt Collection Practices Act (FDCPA) and Michigan Occupational Code (MOC), along with injunctive relief and treble damages for willful conduct under the MOC. L.J. Ross had previously tricked Plaintiff into paying a medical bill that was discharged in bankruptcy. The Plaintiff has experienced great stress, aggravation, and her overall health has been affected. The Defendant falsely represented that there was a balance on subject debts, thereby falsely representing to her the legal protections she had received from her bankruptcy discharge. The Defendant's conduct amounts to an abusive, unfair and unconscionable practice. LJ Ross is based out of Jackson, Michigan, and provides collection services. The Plaintiff is represented by: Curtis C. Warner, Esq. WARNER LAW FIRM, LLC 350 S. Northwest HWY., Ste. 300 Park Ridge, IL 60068 Tel: (847) 701-5290 E-mail: cwarner@warnerlawllc.com - and - John A. Evanchek, Esq. KELLEY & EVANCHEK PC 43695 Michigan Ave. Canton, MI 48188 Telephone: (734) 397 4540 E-mail: john@kelawpc.com LLR INC: Webster Sues Over Unauthorized Collection of Sales Taxes ----------------------------------------------------------------- RACHAEL WEBSTER, individually and on behalf of all others similarly situated, the Plaintiff, v. LLR, INC., d/b/a LuLaRoe, the Defendant, Case No. 2:17-cv-00225-DSC (W.D. Pa., Feb., 2017), seeks to recover damages, attorney's fees and costs, restitution, and all other relief deemed appropriate under the statutory and common law. The case is a class action regarding Defendant's unauthorized collection of spurious sales taxes on purchases delivered into jurisdictions where no such tax exists. The Defendant requires its consultants to process sales through a proprietary, online point-of-sale payment platform, called "Audrey." Audrey automatically charges customers sales tax based on the location of Defendant's consultant who made the sale, and not the laws of the taxing authority where Defendant delivered the purchase, i.e. the "ship to address." The Defendant overcharges buyers up to 10.25% every time a consultant who lives in a jurisdiction that taxes clothing makes a sale where delivery is made to a jurisdiction that does not. The Defendant is a multilevel-marketing company that sells clothing through fashion consultants located in all fifty states. The Plaintiff is represented by: Bruce Carlson, Esq. Gary F. Lynch, Esq. Kevin Abramowicz, Esq. Kevin W. Tucker, Esq. CARLSON LYNCH SWEET KILPELA & CARPENTER, LLP 1133 Penn Avenue, 5th Floor Pittsburgh, PA 15222 Telephone: (412) 322 9243 Facsimile: (412) 231 0246 E-mail: bcarlson@carlsonlynch.com glynch@carlsonlynch.com kabramowicz@carlsonlynch.com ktucker@carlsonlynch.com - and - Kelly K. Iverson, Esq. COHEN & GRIGSBY, P.C. 625 Liberty Avenue Pittsburgh, PA 15222 Telephone: (412) 297 4838 E-mail: kiverson@cohenlaw.com LULULEMON USA: Faces "Anderson" Class Suit in E.D.N.Y ----------------------------------------------------- A class action lawsuit has been commenced against Lululemon USA Inc. The case is captioned Derrick Anderson, on behalf of himself and all others similarly situated v. Lululemon USA Inc., Case No. 1:17-cv-01055 (E.D.N.Y., February 24, 2017). Lululemon USA Inc. owns and operates an athletic apparel company. Derrick Anderson is a pro se plaintiff. MAPLEBEAR INC.: Camp et al. Allege Misclassification Under FLSA --------------------------------------------------------------- CASEY CAMP, ALLAN RITTERBAND, SHANNON KITCHEN-JUAREZ, ANA ARIAS, CHRISTOPHER MARTINEZ, DANIEL MAJOR, ELISABETH PEREZ, JANEENE STATON, JASON SKERIK, JAYSON CANDELARIO, JENNELLE LEVEQUE, JEREMY NAIL, KEN BARTON, LEAH JOHNSON, LILY SUN, LINDSAY KRESLAKE, LIZ TEMKIN, MATTHEW MCINTYRE, MICHAEL HEARN, MIMI HAYES, YOSHINARI MOGI, PAULA VAN, SHANNON GOODSELL, SKYLA POJEDNIC, TACHINA GARRETT, TIMOTHY HEARL, TOMMY GARADIS, VICTOR FRANCIS, AMMORA COLLINS, JUSTIN ZOECKLER, MICHAEL CONNORS, TRACY ROEBUCK, CAROLINA MAYORGA, MARCELLA HOLMES, MARGARET WOLF, MARKETTA WILDER, MATTHEW TELLES, CHRISTOPHER HOLMES, EBANGHA TANYl, KEVIN JONES, MARY ANN VARUGHESE, MODI FRANK, STEPHANIE FRIZZELL, AEGEA BARCLAY, LAURA OXENFELD, PAULINA NGUYEN, JEFF KENDRICK, VANESSA BAIN, MARY SYLVIA, KIMBERLEE KELLER, ROBIN DRUMMOND, AD AN BOTELLO, CYNTHIA JENNINGS, DOMINIC COBARRUVIAZ, ARLIN GOLDEN, JOHN REILLY, CHRISTOPHER RUSSELL, SUSAN BANNON, BATYA WEBER, AND DEREK WILLIAMS, JONATHAN HUSTING, MATTHEW CLAYTON, LADIA ARMSTRONG, STEPHANIE WEIDNER, MARGARET CONNOLLY, MATTHEW PARSONS, SARAH LESTER, NATHAN RAINES, BENJAMIN BOVEN, AMY NOSEK, JAMES RICHIE, ANDREW KENDRICK, ALEX RICHTER, VICKY WILSON, DAVID SHEMPERT, DEEDRA EVERETT, TENOLA HILL, and ALFRED MANN, Individually and On Behalf of All Others Similarly Situated, Plaintiffs, vs. MAPLEBEAR, INC., dba INSTACART; AND DOES 1 THROUGH 100, inclusive, Defendants, Case No. BC 652216 (Cal. Super., County of Los Angeles, February 28, 2017), allege that Defendants misclassified plaintiffs as independent contractors under the Fair Labor Standards Act. Instacart is a grocery shopping and delivery service company whose workers shop for groceries from various stores then deliver them to Instacart customers. Plaintiffs worked or continue to work as shoppers, drivers and delivery persons for Instacart. The Plaintiffs are represented by: Robert S. Ams, Esq. Jonathan E. Davis, Esq. Kevin M. Osborne, Esq. Julie C. Erickson, Esq. THE ARNS LAW FIRM 515 Folsom St., 3rd Floor San Francisco, CA 94109 Phone: (415) 495-7800 Fax: (415) 495-7888 E-mail: rsa@amslaw.com jed@amslaw.com kmo@amslaw.com jce@amslaw.com MAPLEBEAR INC: "Kikano" Suit Seeks Unpaid Wages Under Labor Code ---------------------------------------------------------------- JOHN KIKANO, on behalf of himself and all others similarly situated, the Plaintiff, v. MAPLEBEAR INC., a Delaware Corporation, doing business as INSTACART, and DOES 1 through 10, inclusive, the Defendant, Case No. BC651241 (Cal. Super. Ct., Feb. 23, 2017), seeks unpaid wages and overtime, reimbursement for fuel and mileage, and related Labor Code violations, The case is an action brought on behalf of current and former drivers for Maplebear Inc. The Plaintiff is a former courier driver for Instacart in Los Angeles, California. The Plaintiff and other Instacart drivers were paid as exempt "independent contractors," and not as non-exempt, hourly employees as required by law for commercial drivers like Plaintiff and the class he seeks to represent. Instacart misclassified and continues to misclassify its drivers as independent contractors, when under California law, these drivers must be classified as non-exempt, hourly workers. Instacart operates a courier service business in locations throughout California, including, but not limited to Los Angeles County. The Plaintiff is represented by: Christopher J. Hamner, Esq. Amy T. Wootton, Esq. HAMNER LAW OFFICES, APC 555 W. 5th Street, 31st Floor Los Angeles, CA 90013 Telephone: (213) 533 4160 Facsimile: (213) 533 4167 E-mail: chamner@hamnerlaw.com awootton@hamnerlaw.com MERRILL LYNCH: "Jiao" Asserts Customer Protection Rule Violation ---------------------------------------------------------------- JAMES JIAO, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. MERRILL LYNCH PIERCE, FENNER & SMITH, INC.; MERRILL LYNCH PROFESSIONAL CLEARING CORP.; WILLIAM TIRRELL, an Individual; and DOES, 1 through 100, Defendants, Case No. 3:17- cv-00409-L-MDD (S.D. Cal., February 28, 2017), accuses Defendants of engaging in financial institution fraud, by using trades to reduce the amount of cash required by Defendants to deposit in a customer Reserve Account that it maintained pursuant to Rule 15c3- 3(e) of the Security Exchange Act of 1934, and to fraudulently invest customers' funds for Defendants' own purposes for financial gain in violation of the Customer Protection Rule under Securities Exchange Act. Defendant Merrill Lynch, Pierce, Fenner & Smith, Inc., founded in 1914, offers financial investment assistance and advice to individuals and companies, and is the wealth management division of Bank of America Corporation. The Plaintiff is represented by: Abbas Kazerounian, Esq. KAZEROUNI LAW GROUP, APC 245 Fischer Avenue, Unit D1 Costa Mesa, CA 92626 Phone: (800) 400-6808 Fax: (800) 520-5523 E-mail: ak@kazlg.com - and - Joshua B. Swigart, Esq. HYDE & SWIGART 2221 Camino Del Rio South, Suite 101 San Diego, CA 92108 Phone: (619) 233-7770 Fax: (619) 297-1022 E-mail: josh@westcoastlitigation.com MIDLAND CREDIT: Illegally Collects Debt, "Greene" Suit Claims ------------------------------------------------------------- Eileen Greene, on behalf of herself and all others similarly situated v. Midland Credit Management, Inc., Case No. 2:17-cv- 01322-JLL-JAD (D.N.J., February 27, 2017), seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Midland Credit Management, Inc. operates a financial services company that helps consumers resolve past-due financial obligations. The Plaintiff is represented by: Lawrence C. Hersh, Esq. LAWRENCE HERSH, ATTORNEY AT LAW 17 Sylvan Street, Suite 102B Rutherford, NJ 07070 Telephone: (201) 507-6300 E-mail: lh@hershlegal.com MITCHELL D. BLUHM: Wolschlager Seeks Certification of 3 Classes --------------------------------------------------------------- In the lawsuit styled ALAN WOLSCHLAGER, individually and on behalf of similarly situated persons, the Plaintiff, v. THE LAW OFFICES OF MITCHELL D. BLUHM & ASSOCIATES, LLC, a Georgia limited liability company, CAPIO PARTNERS, LLC, a Texas limited liability company, CP MEDICAL LLC, a Nevada limited liability company, the Defendants, Case No. 1:17-cv-00033-RJJ-RSK (W.D. Mich.), the Plaintiff asks the Court to certify three classes: "all persons who incurred a medical debt in Florida, where no payment was made on that debt five years prior to being sent a letter, from January 11, 2016, to January 11, 2017; "all persons who were sent a letter from January 11, 2016, to January 11, 2017, where the letter was the initial collection letter sent by The Law Office of Mitchell D. Bluhm & Associates, LLC, to the person; and "all persons who were sent a letter from January 11, 2016, to January 11, 2017, by The Law Office of Mitchell D. Bluhm & Associates, LLC, on behalf of CP Medical LLC, where Capio Partners LLC, or any related company other than CP Medical LLC, was the owner of the debt referenced in the letter". A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=vhWzxJMt The Plaintiff is represented by: Curtis C. Warner, Esq. WARNER LAW FIRM, LLC 350 S. Northwest HWY., Ste. 300 Park Ridge, IL 60068 Telephone: (847) 701 5290 E-mail: cwarner@warnerlawllc.com - and - B. Thomas Golden, Esq. Golden Law Offices, P.C. 2186 West Main Street, P.O. Box 9 Lowell, MI 4933, Telephone: (616) 897 2900 E-mail: btg@bthomasgolden.com NCB MANAGEMENT: Illegally Collects Debt, "Richardson" Suit Says --------------------------------------------------------------- Tyria Richardson, on behalf of herself and all others similarly situated v. NCB Management Services, Inc., Case No. 1:17-cv-01051 (E.D.N.Y., February 24, 2017), seeks to stop the Defendant's unfair and unconscionable means to collect a debt. NCB Management Services, Inc. operates a collection agency headquartered in Trevose, Pennsylvania. The Plaintiff is represented by: Alan J. Sasson, Esq. LAW OFFICE OF ALAN J. SASSON, P.C. 2687 Coney Island Avenue, 2nd Floor Brooklyn, NY 11235 Telephone: (718) 339-0856 Facsimile: (347) 244-7178 E-mail: alan@sassonlaw.com NISSAN NORTH AMERICA: "Chiarelli" Suit Seeks to Certify Class ------------------------------------------------------------- In the lawsuit entitled VINCENT CHIARELLI, et al., on behalf of themselves and all others similarly situated, the Plaintiffs, v. NISSAN NORTH AMERICA, INC., et ano., the Defendants, Case No. 1:14-cv-04327-NGG-PK (E.D.N.Y.), Vincent Chiarelli, Philip Dragonetti, Michele Maszon, Todd Maszon, Chris Santimauro, John Compton and Lisa Surowiec will move the Court, before the Hon. Nicholas G. Garaufis at the United States Court House, for an Order: 1. certifying a class consisting of the subclasses which are defined to include all residents of New York, New Jersey, Maryland and Florida who purchased the Class Vehicles and those who purchased Class Vehicles in the States of New York, New Jersey, Maryland and Florida; 2. appointing the Proposed Class Representatives as class representatives; and 3. appointing the law firms, Kantrowitz Goldhamer & Graifman and Stull, Stull & Brody as Counsel for the Class; and A copy of the Motion is available at no charge at: http://d.classactionreporternewsletter.com/u?f=f7IjTEpg Gary Graifman submitted a declaration in support of Plaintiffs' Motion for class certification. A copy of the Declaration is available at no charge at: http://d.classactionreporternewsletter.com/u?f=syJ98asG The Plaintiffs are represented by: Gary S. Graifman, Esq. Jay L Brody, Esq. KANTROWITZ, GOLDHAMER & GRAIFMAN. 747 Chestnut Ridge Road Chestnut Ridge, NY 10977 Telephone: (845) 356 2570 - and - Howard T. Longman, Esq. Patrick K. Slyne, Esq. STULL, STULL & BRODY 6 East 45th Street New York, New York 10017 Telephone: (212) 687 7230 The Defendant is represented by: E. Paul Cauley, Jr. Esq. Sedgwick LLP 1717 Main Street, Suite 5400 Dallas, Texas 75201 NOMAC DRILLING: "Shultz" Suit Seeks Overtime Wages Under FLSA ------------------------------------------------------------- ROGER SHULTZ, Individually and on behalf of all others similarly situated, the Plaintiff, v. NOMAC DRILLING, L.L.C. and SEVENTY SEVEN ENERGY, INC., the Defendant, Case No. 5:17-cv-00169-R (W.D. Okla., Feb. 17, 2017), seeks to recover compensation, liquidated damages, attorneys' fees, and costs, pursuant to the Fair Labor Standards Act of 1938 (FLSA). The Plaintiff and the Putative Class Members are those persons who worked as Rig Welders for Defendants within the last three years and were paid hourly for all work completed but no overtime. The Plaintiff and the Putative Class Members were misclassified as independent contractors. The Plaintiff and the Putative Class Members routinely work (and worked) in excess of 40 hours per workweek and were not paid overtime for all hours worked in excess of 40 hours per workweek. Nomac Drilling provide drilling services for oil and natural gas operators. The Plaintiff is represented by: Noble K. McIntyre, Esq. E-mail: noble@mcintyrelaw.com MCINTYRE LAW PC 8601 S. Western Avenue Oklahoma City, OK 73139 Telephone: (405) 917 5250 Facsimile: (405) 917 5405 - and - Clif Alexander, Esq. ANDERSON2X, PLLC 819 N. Upper Broadway Corpus Christi, TXs 78401 Telephone: (361) 452 1279 Facsimile: (361) 452 1284 E-mail: clif@a2xlaw.com NORTHLAND GROUP: March 20 Preliminary Settlement Approval Hearing ----------------------------------------------------------------- In the lawsuit captioned HYUN SOON CHUNG, on behalf of herself and those similarly situated, the Plaintiff, v. NORTHLAND GROUP INC., the Defendant, Case No. 2:15-cv-06246-SDW-SCM (D.N.J.), the Plaintiff will move the Court on March 20, 2017, for an Order granting preliminary approval of a proposed settlement class and related relief. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=EL37uCjS The Plaintiff is represented by: Bharati Sharma Patel, Esq. THE WOLF LAW FIRM, LLC 1520 U.S. Highway 130 - Suite 101 North Brunswick, NJ 08902 Telephone: (732) 545 7900 Facsimile: (732) 545 1030 E-mail: bpatel@wolflawfirm.net - and - Yongmoon Kim, Esq. KIM LAW FIRM, LLC 411 Hacksensack Avenue, 2nd Floor Hackensack, NJ 07601 Telephone (201) 273-7117 Facsimile (201) 273-7117 E-mail: ykim@kimlf.com The Defendant is represented by: Han Sheng Beh, Esq. HINSHAW & CULBERTSON LLP 800 Third Avenue, 13th Floor New York, NY 10022 NORTHLAND GROUP: Menear et al. File Placeholder Class Cert. Bid --------------------------------------------------------------- In the lawsuit styled DIANE MENEAR and PATRICIA MERKOVICH, Individually and on Behalf of All Others Similarly Situated, the Plaintiffs, v. NORTHLAND GROUP, INC., the Defendant, Case No. 2:17-cv-00264 (E.D. Wisc.), the Plaintiffs will move the Court to certify a class, and further request that the Court both stay the motion for class certification and to grant Plaintiffs (and Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the motion. To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiffs contend. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=CGGFpoNx The Plaintiffs is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482 8000 Facsimile: (414) 482 8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com NOVO NORDISK: Class Suit Re-Filed in New Jersey ----------------------------------------------- Novo Nordisk A/S said in its Form 20-F Report filed with the Securities and Exchange Commission on February 9, 2017, for the fiscal year ended December 31, 2016, that the class action lawsuit that was filed against Novo Nordisk, Eli Lilly and Sanofi in the United States District Court for the District of Massachusetts on January 30, 2017 was voluntarily dismissed and re-filed on February 2, 2017 in the United States District Court for the District of New Jersey. Novo Nordisk was formed in 1989 by a merger of two Danish companies, Nordisk Gentofte A/S and Novo Industri A/S. Novo Industri A/S was the continuing company and its name was changed to Novo Nordisk A/S. The business activities of Nordisk Gentofte were established in 1923 by August Krogh, H. C. Hagedorn and A. Kongsted, and the business activities of Novo Industri A/S were established in 1925 by Harald and Thorvald Pedersen. The business of both companies from the beginning was production and sale of insulin for the treatment of diabetes. NRA GROUP: Faces "Jsilberberg" Suit in Eastern Dist. of New York ---------------------------------------------------------------- A class action lawsuit has been filed against NRA Group, LLC. The case is captioned as Chaim Jsilberberg, on behalf of himself and all others similarly situated, the Plaintiff, v. NRA Group, LLC also known as National Recovery Agency, Inc., a/k/a National Recovery Agency, Inc., the Defendant, Case No. 1:17-cv-00953 (E.D.N.Y., Feb. 20, 2017). NRA is an accounts receivable management company. The Plaintiff appears pro se. NYC LAUNDROMAT: Faces "Sanchez" Suit Over Failure to Pay Overtime ----------------------------------------------------------------- Maria Barron Sanchez, on behalf of others similarly situated v. NYC Laundromat, Inc. d/b/a NYC Laundromat, Huan Trinh, and Nick Trinh, Case No. 1:17-cv-01427 (S.D.N.Y., February 24, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants own and operate a laundry services company in New York. Maria Barron Sanchez is a pro se plaintiff. ONONDAGA COUNTY, NY: Suit Over Juvenile Law Wins Class Cert. ------------------------------------------------------------ In the lawsuit captioned V.W., a minor, by and through his parent and natural guardian DERECK WILLIAMS, R.C., a minor, by and through his parent and natural guardian SANDRA CHAMBERS, C.I., a minor, by and through his parent and natural guardian VERTELL PENDARVIS, M.R., a minor, by and through his parent and natural guardian KAREN RAYMOND, F.K., a minor, by and through his parent and natural guardian KASHINDE KABAGWIRA, and J.P., a minor, by and through his parent and natural guardian ALISSA QUIONES, the Plaintiffs, v. EUGENE CONWAY, Onondaga County Sheriff in his official capacity, ESTEBAN GONZALEZ, Chief Custody Deputy of the Onondaga County Justice Center, in his official capacity, KEVIN M. BRISSON, Assistant Chief Custody Deputy, in his official capacity, and SYRACUSE CITY SCHOOL DISTRICT, the Defendants, Case No. 9:16- cv-01150-DNH-DEP (N.D.N.Y.), the Hon. David N. Hurd entered an order that: 1. Plaintiffs' motion for class certification is granted; 2. Defendant Syracuse City School District's motion for summary judgment is denied; 3. Plaintiffs' motion for a preliminary injunction is granted; 4. The Onondaga County Defendants, their agents, servants, employees, and officers, and all other persons in active concert or participation with them and who receive actual notice of this preliminary injunction, by personal service or otherwise, are immediately enjoined and restrained, pending the final determination of this action, from imposing 23-hour disciplinary isolation on juveniles at the Justice Center; 5. The Onondaga County defendants and the School District shall immediately afford all eligible juveniles the educational instruction to which they are entitled under New York State's laws and regulations; 6. The Onondaga County defendants and the School District shall immediately afford all juveniles with qualifying disabilities under the IDEA with the special education services and other procedural protections to which they are entitled; and 7. Discipline imposed on juveniles by the Onondaga County defendants must include meaningful social interaction with others, including other juveniles, and no discipline may be imposed that directly harms a juvenile's psychological condition. The Plaintiffs seek relief on behalf of themselves and a putative class of fellow 16- and 17-year-olds ("juveniles") being detained at the Onondaga County Justice Center (the "Justice Center" or "Jail") by the Defendants, each of whom is being sued here in their respective official capacities. The Plaintiffs' class action complaint alleges declaratory and injunctive relief and is necessary to put an end to the Onondaga County Defendants' routine imposition of solitary confinement on juveniles at the Justice Center, a practice which allegedly violates the Eighth and Fourteenth Amendments. The Plaintiffs seek class relief against the Onondaga County defendants and defendant Syracuse City School District (the "School District"), which has contracted with the Justice Center to provide educational services, for allegedly denying juveniles in solitary confinement the minimum educational instruction guaranteed by state law in violation of the Fourteenth Amendment. The Plaintiffs seek relief against both the Onondaga County defendants and the School District (collectively "defendants") on behalf of a subclass of juvenile inmates with disabilities who are allegedly being systematically deprived of the procedural protections and special education services guaranteed to them by the Individuals with Disabilities Education Act. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=M7qjiGTy The Plaintiffs are represented by: Christopher T. Dunn, Esq. Mariko Hirose, Esq. Philip L. Desgranges, Esq. Aadhithi Padmanabhan, Esq. Mariana L. Kovel, Esq. NEW YORK CIVIL LIBERTIES UNION 125 Broad Street, 19th Floor New York, NY 10004 - and - Aimee Krause Stewart, Esq. SANFORD, HEISLER LLP 1666 Connecticut Avenue NW, Suite 300 Washington, DC 20009 - and - Joshua T. Cotter, Esq. Samuel C. Young, Esq. Susan M. Young, Esq. LEGAL SERVICES OF CENTRAL NEW YORK 221 South Warren Street, Suite 300 Syracuse, NY 13202 - and - Aimee Krause Stewart, Esq. SANFORD, HEISLER LLP 1666 Connecticut Avenue NW, Suite 300 Washington, DC 20009 The Defendants are represented by: Carol L. Rhinehart, Esq. ONONDAGA COUNTY DEPARTMENT OF LAW John H. Mulroy Civic Center 421 Montgomery Street, 10th Floor Syracuse, NY 13202 - and - Jonathan B. Fellows, Esq. BOND, SCHOENECK LAW FIRM One Lincoln Center Syracuse, NY 13202 ORANGE COUNTY: Faces "Doucet" Suit Over Failure to Pay Overtime --------------------------------------------------------------- Jessica Doucet, individually and on behalf of all others similarly situated v. Orange County Foot And Ankle Group, Inc. and Does 1 through 50, inclusive, Case No. 30-2017-00901602-CU-OE-CJ (Cal. Super. Ct., February 27, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the California Labor Code. Orange County Foot And Ankle Group, Inc. operates a health and medical center located at 300 N Euclid St, Fullerton, CA 92832. The Plaintiff is represented by: Morris Nazarian, Esq. LAW OFFICES OF MORRIS NAZARIAN 1875 Century Park East, Suite 1790 Los Angeles, CA 90067 Telephone: (310)284-7333 Facsimile: (310) 284-7332 E-mail: info@877calilaw.com P&G LIQUOR: Wangchuk Seeks Unpaid Wages, OT Under Labor Law ----------------------------------------------------------- DOPHY WANGCHUK, the Plaintiff, v. FEN LIN and P& G LIQUOR & WINE INC., the Defendant, Case No. 702598/2017 (N.Y. Sup., Ct. 23, 2017), seeks redress against the Defendants for unpaid wages, overtime wages, spread of hour wages, and for failure to provide wage statement and WTPA notices, in violation of the New York Labor Law (NYLL). The Plaintiff is a former stock worker and cashier who worked for Defendants' company, performing non-exempt retail cashier and stock work, from on or about July 2015 through September 9, 2016. Throughout his employment, Plaintiff was paid straight time and not paid one and one half times his regular rate for hours worked over forty hours per week. P&G is a retail store engaged in the business of selling alcoholic spirits for public consumption. The Plaintiff is represented by: Anthony R. Portesy, Esq. SLATER SLATER SCHULMAN LLP 445 Broad Hollow Road, Suite 334 Melville, NY 11747 Telephone: (631) 420 9300 PRO COM: Vega Files Placeholder Class Certification Motion ---------------------------------------------------------- In the lawsuit captioned AMY VEGA, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. PRO COM SERVICES OF ILLINOIS, INC., the Defendant, Case No. 2:17-cv-00257-PP (E.D. Wisc.), the Plaintiff moves the court to certify a class, and further requests that the Court both stay the motion for class certification and to grant Plaintiff (and Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the motion. To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiffs contend. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=owSNLf90 The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482 8000 Facsimile: (414) 482 8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com PROGRESSIVE FINANCIAL: Placeholder Class Cert. Motion Filed ----------------------------------------------------------- In the lawsuit titled TERESA BUSHBERGER, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. PROGRESSIVE FINANCIAL SERVICES, INC., the Defendant, Case No. 2:17-cv-00254-NJ (E.D. Wisc.), the Plaintiff moves the court to certify a class, and further requests that this Court both stay the motion for class certification and to grant Plaintiff (and Defendant) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the motion. To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiffs contend. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=wYqgQINH The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482 8000 Facsimile: (414) 482 8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com PRUDENTIAL BANCORP: Settlement Hearing Scheduled for March 31 ------------------------------------------------------------- Prudential Bancorp, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016, that a settlement hearing is currently scheduled for March 31, 2017. Two putative shareholder derivative and class action lawsuits, Parshall v. Eugene Andruczyk et al. ("Parshall Lawsuit") and Baron v. Eugene Andruczyk et al., consolidated as Parshall v. Eugene Andruczyk et al., were filed in the Circuit Court for Montgomery County, Maryland (the "Court") on July 21, 2016 and August 29, 2016, respectively (both lawsuits are collectively referred to as the "Lawsuit"). The Lawsuit named as defendants (the "Defendants") the directors of Polonia Bancorp, Inc. ("Polonia") and Polonia and the Parshall Lawsuit also named the Company as a defendant. The Lawsuit alleges a breach of fiduciary duty by the Polonia directors and Polonia by approving the Agreement and Plan of Merger by and between the Company and Polonia dated as of June 2, 2016 (the "Merger Agreement") pursuant to which Polonia will merge with and into the Company (the "Merger") for (i) inadequate merger consideration and (ii) the inclusion of preclusive deal protection measures in the Merger Agreement. The Parshall Lawsuit also alleges that the Company aided and abetted the alleged breaches of fiduciary duty. The relief sought includes preliminary and permanent injunction against the consummation of the Merger, rescission or rescissory damages if the Merger is completed, costs and attorney's fees. Although the Company believes the claims were without merit, to avoid a potential delay of the Merger, on October 6, 2016, the Company and Polonia reached an agreement with the plaintiffs in the Lawsuit ("Plaintiffs") providing for a non-monetary settlement of the Lawsuit that required the Company and Polonia to issue certain disclosures and waive certain standstill provisions related to the Merger Agreement which they did. The terms of the settlement are set forth in a Memorandum of Understanding (the "MOU"). The settlement is subject to Court approval. The Plaintiffs sought attorneys' fees and expenses in connection with the Lawsuit as set forth in the MOU. Subsequent to entry into the MOU, the parties reached an agreement to pay Plaintiffs' counsel fees and expenses in the total amount of $325,000. Polonia's insurer prior to the Merger has advised the Company that it will be covering approximately $260,000 of the $325,000 of fees and expenses to be paid to Plaintiffs' counsel. The Merger was completed effective as of January 1, 2017. On January 13, 2017, the Court entered an Order preliminarily approving the settlement. As per the settlement and the Court's Order, on January 26, 2017, Polonia / Prudential, through a third- party administrator, mailed notice of the settlement to all record and beneficial holders of shares of common stock of Polonia (excluding Defendants and members of the immediate families of the individual Defendants) who held such stock at any time during the period beginning on and including June 2, 2016 (the date of the Merger Agreement) through October 25, 2016 (the date the shareholders of Polonia approved the Merger). Although it is expected the settlement will receive final approval of the Court, no assurances can be provided when or if the settlement will receive final approval. A settlement hearing is currently scheduled for March 31, 2017. Prudential Bancorp, Inc. (the "Company") is a Pennsylvania corporation and the parent holding company for Prudential Saving Bank (the "Bank"). The Company is a registered bank holding company. The Bank is a community-oriented Pennsylvania-chartered savings bank headquartered in South Philadelphia. R & E CORP: "Nunez" Suit Seeks Unpaid OT Compensation Under FLSA ---------------------------------------------------------------- LUIS R. VILLAR NUNEZ, individually and in behalf of all other persons similarly situated, the Plaintiff, v. R & E CORP. d/b/a C-TOWN SUPERMARKET and ANGEL R. NUNEZ, jointly and severally, the Defendants, Case No. 1:17-cv-01263 (S.D.N.Y., Feb. 17, 2017), seeks to recover unpaid or underpaid overtime compensation pursuant to the Fair Labor Standards Act (FLSA), the Minimum Wage Act, and the New York Labor Law. The Plaintiff further alleges that Defendants violated the Wage Theft Prevention Act and that Plaintiff should be awarded of the Defendants statutory damages, injunctive relief, and such other relief available by law. The Plaintiff worked more than 40 hours each workweek, yet the defendants willfully failed to pay the Plaintiff and party plaintiffs overtime compensation of one and one-half times their regular rate of pay. The Defendants failed to provide the Plaintiff with a notice and acknowledgment at the time of hiring. The Defendants failed to provide the plaintiff with a statement with each payment of wages. C-Town Supermarkets is a chain of independently owned and operated supermarkets operating in the northeastern United States. The Plaintiff is represented by: John M. Gurrieri, Esq. Brandon D. Sherr, Esq. Justin A. Zeller, Esq. LAW OFFICE OF JUSTIN A. ZELLER, P.C. 277 Broadway, Suite 408 New York, N.Y. 10007 2036 Telephone: (212) 229 2249 Facsimile: (212) 229 2246 E-mail: jmgurrieri@zellerlegal.com bsherr@zellerlegal.com jazeller@zellerlegal.com R&J TRUCKING: Faces "Vayda" Lawsuit Alleging Violation of FLSA -------------------------------------------------------------- RICHARD VAYDA, an individual, on behalf of himself and others similarly situated, Plaintiff, vs. R&J TRUCKING CO., INC., Defendant, Case No. 4:17-cv-00408-BYP (N.D. Ohio, February 28, 2017), alleges that Plaintiff and the putative class members were not paid overtime for any hours worked over 40 per week, even though they were "non-exempt" employees and thus entitled to such wages under the Fair Labor Standards Act. Defendant R&J Trucking Co., Inc. is in the business of hauling bulk items, including non-hazardous, non-recyclable materials. Mr. Vayda was employed by Defendant as a driver. As a driver, Mr. Vayda transported non-hazardous, non-recyclable waste. The Plaintiff is represented by: Hans A. Nilges, Esq. Shannon M. Draher, Esq. NILGES DRAHER LLC 7266 Portage Street, N.W., Suite D Massillon, OH 44646 Phone: (330) 470-4428 Fax: (330) 754-1430 Email: hans@ohlaborlaw.com sdraher@ohlaborlaw.com R&Q FOODS: "Hopkins" Suit Seeks Unpaid Overtime Pay Under FLSA -------------------------------------------------------------- JERMAINE HOPKINS, on behalf of himself, individually, and on behalf of all others similarly-situated, the Plaintiff, v. R&Q FOODS, INC., and MIAN RAUF, individually, the Defendants, Case No. 1:17-cv-00949 (E.D.N.Y., Feb. 20, 2017), seeks to recover unpaid overtime compensation, minimum wages, and liquidated damages under Fair Labor Standards Act (FLSA) and the New York Labor Law. The Plaintiff worked for Defendants -- a wholesale meat purveyor, and its owner and day-to-day manager -- as a delivery driver from June 2011 until April 2016. Throughout the entirety of his employment, the Defendants willfully failed to pay Plaintiff the wages lawfully due to him under the FLSA and the NYLL. The Plaintiff is represented by: BORRELLI & ASSOCIATES, P.L.L.C. 655 Third Avenue, Suite 1821 New York, NY 10017 Telephone: (212) 679 5000 Facsimile: (212) 679 5005 QUALCOMM INC: Zatlin Sues Over Baseband Processor Market Monopoly ----------------------------------------------------------------- DALIA ZATLIN, BETH CRANDELL, CLARISSA SIMON, KENDALL MARTIN, RODRIGO SAPLA, REBECCA DAVIS, THOMAS MCMANUS, KIMBERLY SCAVONE, MELISSA JU, and CHRIS THOMPSON on behalf of themselves and all others similarly situated, the Plaintiffs, v. QUALCOMM INCORPORATED, a Delaware Corporation, the Defendant, Case No. 5:17-cv-00938 (N.D. Cal., Feb. 23, 2017), alleges that for nearly a decade, Qualcomm has unlawfully maintained its monopoly in the baseband processor market by engaging in exclusionary conduct that reduces competition and allows it to extract exorbitant royalties. Qualcomm is the dominant supplier of baseband processors and a licensor of patents that Qualcomm has declared essential to many cellular devices. The Plaintiffs are represented by: Daniel E. Birkhaeuser, Esq. Robert M. Bramson, Esq. BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER, LLP Walnut Creek, CA 94598 2125 Oak Grove Road, Suite 120 Telephone: (925) 945 0200 E-mail: dbirkhaeuser@bramsonplutzik.com rbramson@bramsonplutzik.com - and - Timothy D. Battin Christopher V. Le Scott M. Dinner STRAUS & BOIES, LLP 4041 University Drive, 5th Floor Fairfax, VA 22030 Telephone: (703) 764 8700 Facsimile: (703) 764 8704 E-mail: tbattin@straus-boies.com mschirmer@straus-boies.com cle@straus-boies.com - and - Paul F. Novak, Esq. WEITZ & LUXENBERG 719 Griswold, Suite 620 Detroit, MI 48226 Telephone: (313) 800 4166 E-mail: PNovak@weitzlux.com - and - Jeffrey A. Bartos, Esq. GUERRIERI, CLAYMAN, BARTOS, PARCELLI & ROMA, PC 1900 M Street, NW Washington, DC 20036 Telephone: (202) 624 7400 Facsimile: (202) 624 7420 E-mail: jbartos@geclaw.com - and - Marc G. Reich, Esq. REICH RADCLIFFE & HOOVER LLP 4675 MacArthur Court, Suite 550 Newport Beach, CA 92660 Telephone: (949) 975 0512 E-mail: mgr@reichradcliffe.com - and - Abbas Gokal, Esq. Alison Gokal, Esq. GOKAL LAW 101 Pacifica, Suite 100 Irvine, CA 92618 Telephone: (949) 753 9100 Facsimile: (866) 610 9381 E-mail: agokal@gokallaw.com alisongokal@gmail.com RAW ELECTRICAL: Faces "Suniga" Suit Alleging Violation of FLSA -------------------------------------------------------------- THOMAS SUNIGA, Plaintiffs, v. RAW ELECTRICAL SERVICE, LLC, and, ARTHUR CAMPBELL, Defendants, Case No. 4:17-cv-00638 (S.D. Tex., February 28, 2017), alleges that Defendants repeatedly and willfully violated Sections 7 and 15 of the Fair Labor Standards Act by failing to compensate Plaintiff, and all others similarly situated, at a rate not less than one and one-half times their regular rate of pay for each hour worked in excess of 40 in a workweek. The Plaintiff demands judgment against Defendants, jointly and severally, including awarding Plaintiff declaratory and/or injunctive relief as permitted by law or equity. RAW ELECTRICAL SERVICE, LLC, operates a company primarily engaged in the business of providing electric contracting services in Houston, Texas. The Plaintiff is represented by: Charles L. Scalise, Esq. Daniel B. Ross, Esq. ROSS LAW GROUP 1104 San Antonio Street Houston, TX 78701 Phone: (512) 474-7677 Fax: (512) 474-5306 E-mail: Charles@rosslawpc.com RISING SUN: Faces "Lin" Suit Over Failure to Pay Overtime Wages --------------------------------------------------------------- Jiahang Lin, on behalf of himself and others similarly situated v. Rising Sun Restaurant, Inc. d/b/a ChopStix, Grand Joint Fortune Restaurant, Inc. d/b/a ChopStix, George Kang Wong, and May Kuen Moy, Case No. 1:17-cv-01044 (E.D.N.Y., February 24, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants own and operate Japanese restaurants in New York. Jiahang Lin is a pro se plaintiff. ROBERT ANDREWS: "Newman" Suit Seeks Unpaid Wages ------------------------------------------------ Tricia Newman, on behalf of herself and others similarly situated, the Plaintiffs, v. Robert Andrews Laser & Medical Aesthetics Corp., a Colorado corporation, and Halle Friedman, Individually, the Defendants, Case No. 1:17-cv-00481 (D. Colo., Feb. 23, 2017), seeks to recover statutory penalties for violations of the Electronic Communications Privacy Act and wages brought pursuant to the federal Fair Labor Standards Act. Tricia Newman was a nonexempt employee of Defendant corporation under the federal FLSA. Newman was paid on an hourly basis and worked as a Manager and Medical Aesthetician, which work frequently required more than 40 hours of work per week. During her employment Tricia Newman performed work for which she was not paid, including work which exceeded forty hours in a single work week. The Plaintiffs are represented by: Donna Dell'Olio, Esq. CORNISH & DELL'OLIO, P.C. 431 N. Cascade Avenue, Suite Colorado Springs, CO 80903 Telephone: (719) 475 1204 Facsimile: (719) 475 1264 E-mail: ddellolio@cornishanddellolio.com SAKS FIFTH: Faces "Payton" Lawsuit Alleging Violation of TCPA ------------------------------------------------------------- JONATHAN PAYTON, individually, and on behalf of all others similarly situated, Plaintiff, v. SAKS FIFTH AVENUE LLC, Defendants, Case No. 2:17-cv-01594 (C.D. Cal., February 28, 2017), alleges that Defendants began to use Plaintiff's cellular telephone for the dual purpose of notifying Plaintiff of the delivery status of a package, and for sending Plaintiff hyperlinks to Defendant's website, which qualify as spam advertisements and/or promotional offers, via text messages, including a text message sent to and received by Plaintiff on or about July 26, 2016 from a phone number confirmed to belong to Defendant, (650) 200-4699 in violation of the Telephone Consumer Protection Act. Saks Fifth Avenue is an American luxury department store. The Plaintiff is represented by: Todd M. Friedman, Esq. Meghan E. George, Esq. Adrian R. Bacon, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St., Suite 780 Woodland Hills, CA 91367 Phone: 877-206-4741 Fax: 866-633-0228 E-mail: tfriedman@toddflaw.com mgeorge@toddflaw.com abacon@toddflaw.com SALESFORCE.COM: Faces "Lira" Suit Over Automatic Renewal -------------------------------------------------------- KATHY LIRA, individually and on behalf of all others similarly situated, the Plaintiff, v. SALESFORCE.COM, INC., a Delaware corporation; and DOES 1-10, inclusive, the Defendants, Case No. BC651386 (Cal. Super. Ct., Feb. 23, 2017), seeks damages, restitution, declaratory relief, injunctive relief and reasonable attorneys' fees and costs pursuant to Cal. Bus. & Prof. Code, and Code of Civil Procedure. The Plaintiff brought the class action on behalf of herself and a class of others similarly situated consisting of all persons who, within the applicable statute of limitations period, purchased subscriptions for products (such as customer support software) from the Defendant). The Defendant made automatic renewal or continuous service offers to consumers in California and (a) at the time of making the automatic renewal or continuous service offers, failed to present the automatic renewal offer terms or continuous service offer terms, in a clear and conspicuous manner and in visual proximity to the request for consent to the offer before the subscription or purchasing agreement was fulfilled in violation of Cal. Bus. & Prof. Code; (b) charged Plaintiffs and Class Members' credit or debit cards, or third-party account without first obtaining Plaintiffs and Class Members' affirmative consent to the agreement containing the automatic renewal offer terms or continuous service offer terms in violation of Cal. Bus. & Prof. Code; and (c) failed to provide an acknowledgment that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer in violation of Cal. Bus. & Prof. Code. As a result, all goods, wares, merchandise, or products sent to Plaintiff and Class Members under the automatic renewal of continuous service agreements are deemed to be an unconditional gift pursuant to Cal. Bus. & Prof. Salesforce.com is an American cloud computing company headquartered in San Francisco, California. The Plaintiff is represented by: Scott J. Ferrell, Esq. PACIFIC TRIAL ATTORNEYS E-mail: sferrell@trialnewport.com 4100 Newport Place, Ste. 800 Newport Beach, CA 92660 Telephone: (949) 706 6464 SAMSUNG ELECTRONICS: Faces "Bradley" Suit Over Washing Machines --------------------------------------------------------------- ANIKA BRADLEY, on Behalf of Herself and All Others Similarly Situated Plaintiff, vs. SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG ELECTRONICS CO., LTD., THE HOME DEPOT, INC., LOWE'S COMPANIES, INC., BEST BUY CO., INC., SEARS HOLDING CORPORATION, Defendants, Case No.: 1:17-cv-171 (M.D.N.C., February 28, 2017), seeks an injunction against Defendants from any further sales of its Recalled top-load washing machines and to take such other remedial action as may otherwise be requested herein; and (2) money damages to adequately and reasonably compensate owners of the Recalled Washing Machines who have, through no fault of their own, purchased defective and dangerous Samsung washing machines. Samsung Electronics America, Inc. supplies consumer electronics and digital products in the United States. The Plaintiff is represented by: Guy W. Crabtree, Esq. CRABTREE, CARPENTER & CONNOLLY, PLLC Post Office Drawer 3600 Durham, NC 27702 Phone: (919) 682-9691 Fax: (919) 688-9107 E-mail: GWC@cccattorneys.com - and - William B. Federman, Esq. FEDERMAN & SHERWOOD 10205 N. Pennsylvania Avenue Oklahoma City, OK 73120 Phone: (405) 235-1560 Fax: (405) 239-2112 E-mail: wbf@federmanlaw.com SCCY INDUSTRIES: Sued Over Faulty Firearm-Holster Design -------------------------------------------------------- PATRICK SPRINGER, individually and on behalf of all others similarly situated, the Plaintiff, v. SCCY INDUSTRIES, LLC, and J4 TACTICAL LLC, the Defendants, Case No. 2:17-cv-00295-SGC (N.D. Ala., Feb. 23, 2017), seeks compensatory damages in amounts to be determined trial, but not less than $5,000,000.00, and pre- and post-judgment interest. The case is a putative class action arising out of the design, manufacture and sale of an unreasonably dangerous firearm and holster combination by Defendants. Despite the holster being labeled for use with SCCY firearms and bearing the SCCY logo, their use in combination poses an unreasonable danger of accidental discharge. The Plaintiff asserts claims on behalf of himself and all others similarly situated, for Alabama Extended Manufacturers' Liability (Count I), Violation of the Magnuson-Moss Warranty Act, (Count II), and negligence (Count III). The Defendants are manufacturer of holsters and firearm. The Plaintiff is represented by: Dennis G. Pantazis, Esq. D. G. Pantazis Jr. , Esq. WIGGINS CHILDS PANTAZIS FISHER GOLDFARB LLC 301 Nineteenth Street North Birmingham, AL 35203 Telephone: (205) 314 0500 E-mail: dgp@wigginschilds.com dgpjr@wigginschilds.com - and - William M. Sweetnam, Esq. SWEETNAM LLC 100 North La Salle Street, Suite 2200 Chicago, IL 60602 Telephone: (312) 757 1888 E-mail: wms@sweetnamllc.com SEE'S CANDY: "Salazar" Suit Seeks Overtime Wages Under Labor Code ----------------------------------------------------------------- DEBBIE SALAZAR, individually, and on behalf of other members of the general public similarly situated, the Plaintiff, v. SEE'S CANDY SHOPS, INCORPORATED, a California corporation; SEE'S CANDIES, INC., a California corporation; and DOES 1 through 10, inclusive, the Defendant, Case No. BC651132 (Cal. Super. Ct., Feb. 17, 2017), seeks to recover all overtime wages due to Plaintiff pursuant to the California Labor Code. The Defendants employed Plaintiff as a non-exempt, hourly-paid Sales Associate and Lead Clerk from approximately November 2008 to February 2016 at their store in Palmdale, California, earning approximately $ 17.25 per hour as a Lead Clerk and $ 15.20 per hour as a Sales Associate. The Plaintiff typically worked 4-8 hours per day, 4 days per week. The Plaintiff's duties as a Sales Associate included, without limitation, monitoring inventory, processing shipments, making gift sets, cleaning and organizing the store, providing customer service and ringing up customer transactions. The Plaintiff is represented by: Robert Drexler, Esq. Bevin Allen Pike, Esq. Jonathan Lee, Esq. CAPSTONE LAW APC 1875 Century Park East, Suite 1000 Los Angeles, CA 90067 Telephone: (310) 556 4811 Facsimile: (310) 943 0396 E-mail: Robert.Drexler@capstonelawyers.com Bevin.Pike@capstonelawyers.com Jonathan.Lee@capstonelawyers.com SEQUENTIAL-PACIFIC: "Coney" Suit Alleges Labor Law Violations ------------------------------------------------------------- DEMARCO CONEY, on behalf of himself, all others similarly situated, and the general public, Plaintiffs, vs. SEQUENTIAL- PACIFIC BIODIESEL, LLC, an Oregon limited liability company, and DOES 1 through 100, inclusive, Defendants, (Cal. Super., County of Alameda, February 28, 2017), alleges failure by Defendants to compensate Plaintiffs for all hours worked, failure to pay minimum wage, failure to provide meal and rest periods, failure to maintain accurate records, failure to furnish wage and hour statements, negligence, failure to pay final wages on time, and unfair business practices. Defendant collects used cooking oil, refines it into biodiesel and bioproducts, and then sells those. The Plaintiff worked for Defendants as a truck driver. The Plaintiff is represented by: Stephen Noel Ilg, Esq. Tracy T. Scanlan, Esq. Frank J. Zeccola, Esq. ILG LEGAL OFFICE, P.C. 1001 Bayhill Drive, 2nd Floor San Bruno, CA 94066 Phone: (415)580-2574 Fax: (415)735-3454 Email: silg@ilglegal.com tscanlan@ilglegal.com fzeccola@ilglegal.com SMILE BRANDS: Romano Sues Over Dental Services Financing -------------------------------------------------------- JENNIE ROMANO, the Plaintiff, v. SMILE BRANDS INC. dba BRIGHT NOW! DENTAL, and DOES 1-50, inclusive, the Defendant, Case No. BC651498 (Cal. Super. Ct., Feb. 23, 2017), seeks remedy from Defendants' unlawful conduct regarding the financing of dental services through open-end credit accounts. The Defendant failed to provide Plaintiff and members of the class with the statutorily mandated written notice prior to arranging for or establishing open-end credit accounts on their behalf. Accordingly, Defendants violated the Consumers Legal Remedies Act, and Business and Professions Code. The Defendant offers general, cosmetic, specialty, and emergency dentistry with flexible payment option. The Plaintiff is represented by: Bryan Kemnitzer, Esq. Adam J. Mcneile, Esq. KEMNITZER, BARRON & KRIEG, LLP 445 Bush St., 6th Floor San Francisco, CA 94108 Telephone: (415)632 1900 Facsimile: (415)632 1901 SITO MOBILE LTD: Sued in D.N.J. Over Exchange Act Violations ------------------------------------------------------------ SANDI ROPER, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. SITO MOBILE LTD., JERRY HUG, and KURT STREAMS, the Defendants Case No. 2:17-cv-01106 (D.N.J., Feb. 17, 2017), seeks remedies under the Securities Exchange Act of 1934 (Exchange Act). The case is a federa1 securities class action on behalf of all investors who purchased or otherwise acquired the Company's common stock between February 9, 2016, and January 2, 2017, inclusive. In December 2013, Sito launched its messaging and media placement businesses on mobile devices. Sito provides a platform serving businesses, advertisers and brands, and allowing them to create real-time targeted content based on location, interests, behaviors and loyalty. The Company made materially false and/or misleading statements, misrepresenting its media placement revenues. As the truth was revealed, the price of Sito stock declined from a closing share price of $3.69 per share on December 30, 2016 to close at $2.50 per share on January 3, 2017, a drop of approximately 32%, on extremely heavy trading volume. Sito is a company specializing in mobile location-based advertising and mobile messaging. The Plaintiff is represented by: Eduard Korsinsky, Esq. LEVI & KORSINSKY LLP 235 Main Street Hackensack, NJ 07601 Telephone: (973) 265 1600 Facsimile: (212) 363 7171 E-mail: ek@zlk.com SOUTHEAST ALABAMA RURAL: "Carrigan" Suit Transferred to M.D. Ala. ----------------------------------------------------------------- The class action lawsuit styled Dawn Cobb Carrigan and Janet Gates, individually and on behalf of all others similarly situated v. Southeast Alabama Rural Health Associates, Greenway Health, LLC, Greenway EHS, Inc., Sunrise Technology Consultant, and Lee Investment Consultants, LLC, Case No. 55-CV-17-000005.00, was transferred from the Circuit Court of Pike County, Alabama to the U.S. District Court for the Middle District of Alabama (Montgomery). The District Court Clerk assigned Case No. 2:17-cv- 00114-TFM to the proceeding. Southeast Alabama Rural Health Associates operates a private, non- profit medical service corporation located at 1414 Elba Hwy, Troy, AL 36079. Greenway Health, LLC and Greenway EHS, Inc. operates a medical billing services company which provides clinical, financial and administrative solutions for healthcare providers. Sunrise Technology Consultant specializes in providing affordable and reliable IT solutions for businesses. The Plaintiff is represented by: Christina Diane Crow, Esq. JINKS CROW & DICKSON, PC P.O. Box 350 Union Springs, AL 36089 Telephone: (334) 738-4225 Facsimile: (334) 738-4229 E-mail: ccrow@jinkslaw.com - and - Grady Andrew Reeves, Esq. Matthew Michael Baker, Esq. Nicholas Joseph Cervera, Esq. CERVERA, RALPH REEVES BAKER & HASTINGS, LLC PO Box 325 Troy, AL 36081 Telephone: (334) 566-0116 Facsimile: (334) 566-4073 E-mail: troylaw@troycable.net mbaker@troycable.net ncervera@troycable.net The Defendant Southeast Alabama Rural Health Associates is represented by: Joseph Lamar Cowan II, Esq. Roger Lee Bates, Esq. W. McKinley Dunn, Esq. HAND ARENDALL, LLC 2001 Park Place North; Suite 1200 Birmingham, AL 35203 Telephone: (205) 502-0158 Facsimile: (205) 322-3596 E-mail: jcowan@handarendall.com rbates@handarendall.com mdunn@handarendall.com The Defendant Greenway Health, LLC and Greenway EHS, Inc. are represented by: Sara Elizabeth C. Matthews, Esq. MATTHEWS LAW FIRM P.O. Box 1145 Ozark, AL 36361 Telephone: (334) 774-8804 Facsimile: (334) 445-0830 The Plaintiff Sunrise Technology Consultant is represented by: Elbert Allen Dodd Jr., Esq. SCRUGGS, DODD & BRISENDINE, ATTORNEYS, P.A. PO Box 681109 207 Alabama Ave SW Fort Payne, AL 35968 Telephone: (256) 845-5932 Facsimile: (256) 845-4325 E-mail: eadscruggs@farmerstel.com SQUIP INC: Lackawanna Chiropractic Alleges Violation of TCPA ------------------------------------------------------------ LACKAWANNA CHIROPRACTIC P.C., a New York professional corporation, individually and on behalf of all others similarly situated, Plaintiff, v. SQUIP, INC., a New Jersey corporation, Defendant, Case No. 3:17-cv-01372-MAS-TJB (D.N.J., February 28, 2017), seeks to stop Defendant's practice of sending unsolicited fax advertisements to consumers and businesses in violation of the Telephone Consumer Protection Act, and to obtain redress for all persons or entities similarly injured by its conduct. Defendant is a company that makes natural medical products which help those who suffer from allergies, asthma, bronchitis and other respiratory disorders. The Plaintiff is represented by: Stefan Coleman, Esq. LAW OFFICES OF STEFAN COLEMAN, PLLC 1072 Madison Ave., Ste. #1 Lakewood, NJ 08701 Phone: (877) 333-9427 Fax: (888) 498-8946 E-mail: law@stefancoleman.com - and - Blake J. Dugger, Esq. LAW OFFICES OF STEFAN COLEMAN, PLLC 1011 W. Colter St., #236 Phoenix, AZ 85013 Phone: (602) 441-3704 Fax: (888) 498-8946 E-mail: blake@stefancoleman.com SP PLUS CORP: "Savett" Suit Alleges Debit Card Fraud ---------------------------------------------------- ADAM SAVETT, on behalf of himself and all others similarly situated, the Plaintiff, v. SP PLUS CORPORATION, formerly known as STANDARD PARKING CORPORATION, the Defendant, Case No. 2017-CH- 02437 (Ill. Cir. Ct., Feb., 2017), seeks to recover statutory damages, attorneys' fees, costs, and other relief as the Court deems proper, including punitive damages. The Plaintiff brought the action to secure redress for the violations by Defendants of the Fair and Accurate Credit Transactions Act (FACTA) amendment to the Fair Credit Reporting Act (FCRA). The Defendants have willfully violated FACTA and have failed to protect Plaintiff and class members against identity theft, credit card fraud, and debit card fraud by failing to comply with FACTA's truncation requirement. SP Plus is an American provider of parking facility management services. It manages parking facilities with more than one million parking spaces across the United States and Canada. The Plaintiff is represented by: Daniel A. Edelman, Esq. Cathleen M. Combs, Esq. James O. Lattumer, Esq. Michelle A. Alyea, Esq. EDELMAN, COMBS, LATTURNER & GOODWIN, LLC 20 South Clark Street, Suite 1500 Chicago, IL 60603-1824 Telephone: (312) 739 4200 Facsimile: (312) 419 0379 E-mail: courtecl@edcombs.com - and - Daniel R. Karon, Esq. KARON LLC 700 W. St. Clair Ave., Suite 200 Cleveland, OH 44114 Telephone: (216) 622 1851 Facsimile: (216) 241 8175 E-mail: dkaron@karonHc.com SR LONG BEACH: "Aguero" Suit Seeks Unpaid Wages Under Labor Code ---------------------------------------------------------------- ELVIRA FABIOLA AGUERO, an individual and ANA VILLASENOR, an individual, on behalf of themselves and all others similarly Situated, the Plaintiff, v. SR LONG BEACH FD, INC., a California corporation; SR RESTAURANT HOLDINGS GROUP, INC., a California corporation; and DOES 1 through 50, inclusive, the Defendant, Case No. BC650977 (Cal. Super. Ct., Feb. 17, 2017), seeks to recover, among other things, wages and penalties from unpaid wages earned and due, including but not limited to unpaid minimum wages, unpaid and illegally calculated overtime compensation, illegal meat and rest period policies, failure to pay all wages due to discharged and quitting employees, failure to indemnify employees for necessary expenditures and/or losses incurred in discharging their duties, failure to provide accurate itemized wage statements, failure to maintain required records, and interest, attorneys' fees, costs, and expenses. The Plaintiffs and Class Members were employed by Defendants under employment agreements that were partly written, partly oral, and partly implied. In perpetrating the acts and omissions alleged, according to the Complaint, the Defendants, and each of them, acted pursuant to, and in furtherance of, their policies and practices of not paying Plaintiffs and Class Members all wages earned and due, through methods and schemes which include, but are not limited to, failing to pay overtime premiums; failing to provide rest and meal periods; failing to property maintain records; failing to provide accurate itemized statements for each pay period; failing to properly compensate Plaintiffs 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) Orders. The Plaintiffs are represented by: Matthew J. Matern, Esq. Dalia R. Khalili, Esq. MATERN LAW GROUP PC 1230 Rosecrans Ave No. 200, Manhattan Beach, CA 90266 STATE FARM: MAO-MSO Suit Seeks Medical Expenses Reimbursement ------------------------------------------------------------- MAO-MSO RECOVERY II, LLC, a Delaware entity; MSP RECOVERY, LLC, a Florida entity; MSPA CLAIMS 1, LLC, a Florida entity, the Plaintiffs, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois Company, the Defendant, Case No. 3:17-cv-00202 (S.D. Ill., Feb. 23, 2017), seeks to recover reimbursement for those accident-related medical expenses paid for by the Plaintiffs' assignors and all other MAOs that should have been paid, in the first instance, by Defendant under the Medicare Secondary Payer provisions. The Defendant failed to fulfill its statutorily-mandated duty to reimburse Medicare Advantage Organizations ("MAOs") for medical expenses arising out of automobile accidents. Under Medicare Secondary Payer provisions of the Medicare Act, MAOs are, by law, secondary payers for any medical expenses that are covered by a policy of insurance under its terms and provisions. This means that when there is any other source that is responsible for payment for a medical claim(s), i.e., an insurance policy, that has a contractual obligation to pay for the medical services pursuant to the terms and conditions of the policy, there is a "demonstrated responsibility" requiring the primary payer to pay pursuant to the terms and conditions before a Medicare payer like Plaintiffs and the class should pay for the same medical expenses. State Farm is a group of insurance and financial services companies in the United States. The group's main business is State Farm Mutual Automobile Insurance Company, a mutual insurance firm that also owns the other State Farm companies. The Plaintiff is represented by: David M. Hundley, Esq. PENDLEY, BAUDIN & COFFIN, LLP 1620 W. Chicago Avenue, Suite 307 Chicago, IL 60622 Telephone: (312) 212 3343 E-mail: dhundley@pbclawfirm.com - and - Christopher L. Coffin, Esq. Nicholas R. Rockforte, Esq. Courtney L. Stidham, Esq. PENDLEY, BAUDIN & COFFIN, LLP 1515 Poydras Street, Suite 1400 New Orleans, LA 70112 Telephone: (504) 355 0086 E-mail: ccoffin@pbclawfirm.com dhundley@pbclawfirm.com nrockforte@pbclawfirm.com cstidham@pbclawfirm.com - and - Michael L. Baum, Esq. R. Brent Wisner, Esq. Pedram Esfandiary, Esq. BAUM, HEDLUND, ARISTEI & GOLDMAN, P.C. 12100 Wilshire Blvd., Suite 950 Los Angeles, CA 90025 Telephone: (310) 207 3233 Facsimile: (310) 820 7444 E-mail: mbaum@baumhedlundlaw.com rbwisner@baumhedlundlaw.com pesfandiary@baumhedlundlaw.com STUART PETROLEUM: "Brister" Suit Seeks Unpaid OT Wages Under FLSA ----------------------------------------------------------------- SHAYE BRISTER, individually and on behalf of all others similarly situated, the Plaintiff, v. STUART PETROLEUM TESTERS, INC. d/b/a STUART PRESSURE CONTROL, the Defendant, Case No. 4:17-cv-00549 (S.D. Tex., Feb. 20, 2017), seeks to recover unpaid overtime wages and other damages under the Fair Labor Standards Act (FLSA) and the New Mexico Minimum Wage Act (NMMWA). The Plaintiff and those similarly situated to him were employed by Defendant in the oilfield as Well Testers and Flowback Hands, performing technical and manual labor job duties. Such duties included, but were not limited to, assisting with the preparation of equipment and performing well testing related functions on various job sites. The Defendant required Plaintiff and the other Putative Class Members to work substantial overtime without compensation. The Plaintiff and the other Putative Class Members worked at least 12 hours a day for at least 7 days a week. As a result, they often worked weeks consisting of 84 hours or more. Stuart Petroleum provides oil field services. The Plaintiff is represented by: Andrew W. Dunlap, Esq. Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. Lindsay R. Itkin, Esq. Jessica M. Bresler, Esq. FIBICH, LEEBRON, COPELAND BRIGGS & JOSEPHSON 1150 Bissonnet St. Houston, TX 77005 Telephone: (713) 751 0025 Facsimile: (713) 751 0030 E-mail: mjosephson@fibichlaw.com adunlap@fibichlaw.com litkin@fibichlaw.com jbresler@fibichlaw.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH, P.L.L.C. 8 Greenway Plaza, Suite 1500 Houston, Texas 77046 Telephone: (713) 877 8788 Facsimile: (713) 877 8065 E-mail: rburch@brucknerburch.com SURGICAL CARE: Faces "Steinberg" Suit Over Misleading Statements ---------------------------------------------------------------- CHAILE STEINBERG, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. SURGICAL CARE AFFILIATES, INC., THOMAS C. GEISER, KENNETH R. GOULET, ANDREW HAYEK, FREDERICK A. HESSLER, SHARAD MANSUKANI, JEFFREY K. RHODES, MICHAEL A. SACHS, TODD B. SISITSKY, LISA SKEETE TATUM, UNITEDHEALTH GROUP INCORPORATED, SPARTAN MERGER SUB 1, INC., and SPARTAN MERGER SUB 2, LLC, Defendants, Case No. 1:17-cv-00204-UNA (D. Del., February 28, 2017), alleges that Defendants issued false and misleading statements on the Solicitation/Recommendation Statement and Form S-4 Registration Statement regarding the merger of Surgical Care Affiliates, Inc. with UnitedHealth Group Incorporated in violation of the U.S. Securities and Exchange Act. The exchange offer is currently scheduled to expire on March 21, 2017. Under the transaction shareholders of Surgical Care will receive $11.40 per share in cash and shares of UnitedHealth common stock. Specifically, according to the suit, the Solicitation Statement omits material information regarding Surgical Care's financial projections and the financial analyses performed by the Company's financial advisor, J.P. Morgan Securities LLC, in support of its so-called fairness opinion. The Company operates 205 surgical facilities, including ambulatory surgery centers and surgical hospitals, in partnership with approximately 3,000 physicians. The Plaintiff is represented by: Seth D. Rigrodsky, Esq. Brian D. Long, Esq. Gina M. Serra, Esq. RIGRODSKY & LONG, P.A. 2 Righter Parkway, Suite 120 Wilmington, DE 19803 Phone: (302) 295-5310 SYNUTRA INTERNATIONAL: Motion to Expedite "Murillo" Case Denied --------------------------------------------------------------- The court has denied plaintiff's motion for expedited proceedings in the case, Rudy Murillo v. Synutra International, Inc., et al., Synutra International, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016. Four purported stockholder class action complaints have been filed against the Company and certain officers and directors thereof in connection with the proposed transaction under that certain agreement and plan of merger, dated November 17, 2016, by and among the Company, Beams Power Investment Limited, and Beams Power Merger Sub Limited. The first, Rudy Murillo v. Synutra International, Inc., et al., Case No. 12990-VCL, was filed on December 15, 2016, in the Court of Chancery of the State of Delaware, and was amended on January 5, 2017. The plaintiff in this action also filed a motion for expedited proceedings, but that motion was denied by the Court of Chancery on February 3, 2017. The second, Abraham Atachbarian Roth Ira v. Synutra International, Inc., et al., Case No. 1:16-cv-01302-LPS, was filed on December 22, 2016, in the United States District Court for the District of Delaware. The third, Robert Garfield v. Synutra International, Inc., et al., Case No. 428880-v, was filed on January 5, 2017, in the Circuit Court for Montgomery County, Maryland. The fourth, Arthur Flood v. Synutra International, Inc., et al., Case No. 2017-0032-JTL, was filed on January 17, 2017, in the Court of Chancery of the State of Delaware. These complaints challenge the proposed transaction and allege, among other things, that the individual defendants breached their fiduciary duties to the minority stockholders by approving the proposed transaction following an inadequate process and failing to disclose material information in connection with the proposed transaction. The complaints seek, among other relief, to enjoin defendants from consummating the proposed transaction. "We have reviewed the allegations contained in the complaints, believe they are without merit and intend to defend these actions vigorously," the Company said. Synutra International, Inc. and its subsidiaries are principally engaged in production, distribution and sales of dairy-based nutritional products under the "Shengyuan" or "Synutra" line of brands in the People's Republic of China ("China" or "PRC"). The Company focuses on selling powdered formula products for infants and adults, and also engages in other nutritional product offerings, such as certain nutritional ingredients and supplements. TASTE OF NATURE: Under-Fills Candy Boxes, Tsuchiyama Claims ----------------------------------------------------------- EVAN TSUCHIYAMA, individually and on behalf of all others similarly situated, the Plaintiff, v. TASTE OF NATURE, INC., and DOES 1 through 10, inclusive, the Defendant, Case No. BC651252 (Cal. Super. Ct., Feb. 23, 2017), seeks damages against Defendant in an amount to be determined at trial, together with pre- and post-judgment interest at the maximum rate allowable by law on any amounts awarded. The case is a class action lawsuit brought on behalf of all purchasers of Chocolate Chip Cookie Dough Bites (TM) brand candy products sold at retail outlets and movie theaters throughout California and the United States. According to the Complaint, the Defendant intentionally misleads and shortchanges consumers by falsely and deceptively misrepresenting the amount of candy actually contained in each box of Product. Defendant uniformly under-fills the opaque boxes by at least 50%. Every box is filled at most 50% full with candy product. The 50% balance is empty space, or "slack-fill," nearly all of which serves no legitimate or lawful function. Taste of Nature manufactures brands like Cookie Dough Bites, Muddy Bears, Sqwigglies, Shari Candies, and Cookies N Cream Bites. The Plaintiff is represented by: Ryan J. Clarkson, Esq. Shireen M. Clarkson, Esq. Shalini M. Dogra, Esq. CLARKSON LAW FIRM, P.C. 9255 Sunset Blvd., Ste. 804 Los Angeles, CA 90069 Telephone: (213) 788 4050 E-mail: rclarkson@clarksonlawfirm.com sclarkson@clarksonlawfirm.com sdogra@clarksonlawfirm.com TOYOTA LEASE TRUST: Violated Leasing Act, "Chase" Suit Claims ------------------------------------------------------------- DOUG CHASE, an individual; and, on behalf all others similarly situated, the Plaintiff, v. MICHAEL DENNIS SULLIVAN, an individual, dba LEXUS SANTA MONICA; TOYOTA LEASE TRUST, active corporation and division of TOYOTA MOTOR CREDIT CORPORATION; TOYOTA MOTOR CREDIT CORPORATION, an active California corporation, dba LEXUS FINANCIAL SERVICES; and DOES 1 through 500, inclusive, Case No. BC650973 (Cal. Super. Ct., Feb. 17, 2017), seeks damages caused by Defendants violation of the California Vehicle Leasing Act. On December 31, 2013, the Plaintiff went to Sullivan Michael Dennis, an individual, dba Lexus Santa Monica and leased a new 2014 Lexus IS350, VIN JTHBEID27E5004602. The Defendants allegedly overcharged and failed to properly disclose the total trade-in lien payoff on the Lease, for which a separate document had to be consulted. When Defendants failed to properly identify the outstanding prior credit or lease balance by labeling it as Acquisition Cost, they violated Civil Code. The Defendants is engaged in the business of buying, repairing and re-selling used vehicles to the general public, and, taking vehicles in trade. The Plaintiff is represented by: Martin S. Putnam, Esq. LAW OFFICES OF MARTIN PUTNAM 1300 Clay Street, Suite 600 Oakland, CA 94612 Telephone: (510) 466 6300 Facsimile: (510) 225 2625 E-mail: martin@putnamlaw.com U.S. BANK: Court Denied Class Certification in "Smith" ------------------------------------------------------ In the lawsuit styled JEREMY SMITH, the Plaintiff, v. U.S. BANK, N.A., the Defendant, Case No. 1:16-cv-21146-UU (S.D. Fla.), the Hon. Ursula Ungaro entered an order denying the request for certification of this class: "any person who had a FHA-insured loan for which (1) the Date of the Note is within a period beginning on June 1, 1996 and ending on January 20, 2015; (2) U.S. Bank, as of the date the total amount due on the loan was brought to zero, was the Lender, Mortgagee, or otherwise held legal title to the Note; (3) U.S. Bank collected interest for any period after the total amount due on the loan was brought to zero (i.e., U.S. Bank collected "post-payment interest"); and (d) U.S. Bank collected post-payment interest during the applicable statute of limitations period". The Court said, "Because Plaintiff has failed to show that common issues predominate here, the Court need not address whether a class action mechanism is superior to other available methods for adjudicating this controversy. Nonetheless, the Eleventh Circuit has made clear that the superiority analysis is "intertwined with predominance analysis; when there are no predominant common issues of law or fact, class treatment would be either singularly inefficient or unjust." A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=aOCk39YM UBIQUITI NETWORKS: Shareholder Class Action Lawsuits Pending ------------------------------------------------------------ Ubiquiti Networks, Inc. remains a defendant in shareholder class action lawsuits, the Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016. Beginning on September 7, 2012, two class action lawsuits were filed in the United States District Court for the Northern District of California against Ubiquiti Networks, Inc., certain of our current and former officers and directors, and the underwriters of its initial public offering, alleging claims under U.S. securities laws. On January 30, 2013, the plaintiffs filed an amended consolidated complaint. On March 26, 2014, the court issued an order granting a motion to dismiss the complaint with leave to amend. Following the plaintiffs' decision not to file an amended complaint, on April 16, 2014, the court ordered the dismissal of the lawsuit with prejudice, and entered judgment in favor of the Company and the other defendants, and against the plaintiffs. On May 15, 2014, the plaintiffs filed a notice of appeal from the judgment of the court. The Ninth Circuit heard oral arguments on August 10, 2016. On October 24, 2016, the Ninth Circuit issued an unpublished opinion, reaffirming the district court's dismissal of the alleged violation of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and reversing the district court's dismissal of the alleged violations of Sections 11 and 15 of the Securities Act of 1933. The Company filed a petition for rehearing with the Ninth Circuit, which the Ninth Circuit denied. The Company plans to vigorously defend itself against these claims; however, there can be no assurance that the Company will prevail in the lawsuit. The Company cannot currently estimate the possible loss, if any, that it may experience in connection with this litigation. UNILEVER US: June 5 Settlement Approval Hearing Set in "Fleming" ---------------------------------------------------------------- The Hon. Sharon Johnson Coleman entered an order in the lawsuit entitled Virgil Fleming, et al. the Plaintiffs, v. Unilever United States, Inc., et al., the Defendants, Case No. 1:14-cv-06117 (N.D. Ill.), granting Plaintiffs' unopposed motion for preliminary approval of settlement agreement, approval of class notice, and entry of an order setting fairness hearing. According to the docket entry made by the Clerk on February 17, 2017, Plaintiffs' unopposed motion to certify class is granted. A Fairness hearing is set for June 5, 2017 at 9:30 a.m. A copy of the Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=YZSGhBS8 UNILIFE CORPORATION: Agreement-in-Principle Reached --------------------------------------------------- The parties in a consolidated class action lawsuit against Unilife Corporation have reached an agreement-in-principle to fully resolve all claims that were asserted or could have been asserted in the lawsuit, the Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016. On May 26 and 27, 2016, two putative class actions were filed in the United States District Court for the Southern District of New York alleging that in violation of Rule 10b-5 and Section 20(a) of the Exchange Act, the Company and six individual defendants made false and/or misleading statements and/or failed to disclose: (1) that the Company's former CEO and former Chairman of the Board of Directors had violated the Company's policies and procedures and had engaged in violations of law and regulations; (2) that the Company lacked adequate internal controls over accounting and financial reporting; (3) that, as a result, the Company would be unable to file its Quarterly Report on Form 10-Q for the period ended March 31, 2016 by the prescribed filing deadline; and (4) that, as a result of the foregoing, the Company's financial statements, as well as its statements about the Company's business, operations, and prospects, were false and misleading and/or lacked a reasonable basis. The putative class actions were brought on behalf of purchasers of the Company's securities between February 3, 2014 and May 23, 2016. On August 24, 2016, the Court consolidated the two actions, appointed lead plaintiffs and lead counsel, and set a deadline of October 24, 2016 for Plaintiffs to file an amended complaint. The plaintiffs filed an amended complaint on October 24, 2016 expanding the class to purchasers of the Company's securities between November 9, 2011 and July 28, 2016, dropping three of the original individual defendants as named defendants and making additional allegations related to matters the Company disclosed in connection with the Investigation. In accordance with a scheduling order issued by the Court on December 12, 2016, Plaintiffs filed a second amended complaint on December 14, 2016 that, among other things, included allegations relating to the Company's October 24, 2016 and November 14, 2016 SEC filings. In February 2017, the parties reached an agreement-in-principle to fully resolve all claims that were asserted or could have been asserted in the lawsuit. An insurer for the Company has agreed to pay the full amount of the proposed settlement. The proposed settlement is subject to definitive documentation and court approval. If the proposed settlement is not consummated, the Company intends to vigorously contest this lawsuit. The Company has recorded a receivable from its insurance carrier and a liability to the claimants for $4.4 million, which is included in prepaid and other current assets and accrued expenses on the consolidated balance sheet at December 31, 2016 related to this matter. Unilife is a designer, manufacturer, and supplier of innovative injectable drug delivery systems that can enhance and differentiate the injectable products of pharmaceutical and biotechnology customers. UNIVERSAL FIDELITY: Must Defend Against "Mikolajczyk" Suit ---------------------------------------------------------- The Hon. William E. Duffin entered an order in the lawsuit titled CHRISTINE MIKOLAJCZYK, the Plaintiff, v. UNIVERSAL FIDELITY, LP, the Defendant, Case No. 2:16-cv-01382-WED (E.D. Wisc.), denying the motion to dismiss for failure to state a claim filed by Universal Fidelity LP. Mikolajczyk filed what the court commonly refers to as a "protective" or "placeholder" motion to certify a class in this matter. Concurrently she requested to stay briefing on the motion. The Court granted Mikolajczyk's motion to stay briefing on this motion. The motion for class certification is terminated for administrative purposes. However, the Court regards the motion as pending to the extent a pending motion is required to satisfy the plaintiff's intended protective purpose in light of Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), and Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016). The Court said, "Nonetheless, Mikolajczyk does not need to plead any more specifically than she did as to why the misrepresentation is material. The materiality is evident from a plain objective reading of the letter. Cf. Winiecki v. Creditors Interchange Receivable Mgmt., LLC, 14 F. Supp. 3d 1086, 1094 (N.D. Ill. 2014) (discussing a plaintiff's responsibility to plead materiality). If a consumer lacks a reason for wishing to dispute the debt, or is unclear whether her reason is relevant or sufficient, being told that she must provide a reason may dissuade her from exercising her unfettered right under the FDCPA to dispute the debt. Thus, the court rejects Universal's argument that Mikolajczyk's claim must be dismissed for failing to plead materiality. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=BRC6uGkj US RX: Class Certification Hearing in "Dees" Suit Reset to May 1 ---------------------------------------------------------------- The Hon. Sharon Johnson Coleman entered an order in the lawsuit entitled Michelle Dees, et al., the Plaintiffs, v. US RX Care, LLC, et al., Defendants, Case No. 1:16-cv-11154 (N.D. Ill.), granting Plaintiff's motion for extension of time. According to the docket entry made by the Clerk on February 24, 2017, the previously set status report deadline is stricken. In light of the Defendant's recent waiver of service, the Feb. 27 status hearing is stricken and reset to May 1, 2017 at 9:00 a.m. The parties are directed to meet and discuss the status of the case. The parties are to file a joint status report by April 26, 2017 in the format described on the court's website at www.ilnd.uscourts.gov. The parties are directed to discuss settlement, and whether they consent to proceed before the Magistrate Judge. A copy of the Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=OsqEt8Dy Judge Coleman also continued Plaintiff's motion for class certification until May 1, according to the docket entry at http://d.classactionreporternewsletter.com/u?f=gKgjT7HA VACATION CONSULTING: "Fitzhenry" Suit Seeks Class Certification --------------------------------------------------------------- In the lawsuit captioned MARK FITZHENRY, individually and on behalf of all others similarly-situated, the Plaintiff, v. VACATION CONSULTING SERVICES, LLC, BRIAN JAY SCROGGS, and JOHN DOES 1-10, the Defendants, Case No. 4:17-cv-00774-NAB (Missouri Cir, Ct.), the Plaintiff asks the Court to certify a class of: "all persons in the United States who were called, on or after June 12, 2013 to the present on either (1) a residential telephone line or (2) a cellular telephone service, by or on behalf of Defendant using a pre-recorded voice to deliver a message promoting Defendants time share services". A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=sEAkjNNt The Plaintiff is represented by: Max G. Margulis, Esq. MARGULIS LAW GROUP 28 Old Belle Monte Rd. Chester, MO 63017 Telephone: (636) 536 7022 Facsimile: (636) 536 6652 VIACOM INC: Motion to Dismiss Amended Stockholders' Suit Underway ----------------------------------------------------------------- Viacom Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on February 9, 2017, for the quarterly period ended December 31, 2016, that the Company's motion to dismiss an amended consolidated class action complaint remains pending. Between June 17, 2016 and August 1, 2016, three substantially similar purported class action complaints were filed in the Delaware Chancery Court by purported Viacom stockholders, against Viacom and Viacom's directors at the time, as well as National Amusements, Inc. and NAI Entertainment Holdings LLC (together, "NAI"), and were subsequently consolidated into one action. The action -- brought on behalf of the class of all holders of Viacom Class B common stock except the named defendants and any person or entity affiliated with any of the defendants -- alleges claims for breaches of fiduciary duty against the incumbent director defendants and NAI, and alleges that the Viacom directors who joined the Board of Directors subsequent to the filing of the actions aided and abetted these breaches. In addition to damages and attorneys' fees, the action seeks "such relief as the Court deems just and proper." All defendants, including Viacom and certain of its directors, have moved to dismiss the action. The plaintiffs filed an amended consolidated complaint in November 2016, and the Company has again moved to dismiss the action. Viacom is home to premier global media brands that create compelling television programs, motion pictures, short-form content, applications ("apps"), games, consumer products, social media experiences and other entertainment content for audiences in more than 180 countries. Viacom operates through two reporting segments: Media Networks and Filmed Entertainment. The Media Networks segment provides entertainment content and related branded products for consumers in targeted demographics attractive to advertisers, content distributors and retailers through three brand groups: the Global Entertainment Group, the Nickelodeon Group and BET Networks. The Filmed Entertainment segment produces, finances, acquires and distributes motion pictures, television programming and other entertainment content under the Paramount Pictures, Paramount Animation, Nickelodeon Movies, MTV Films and Paramount Television brands. VIVINT INC: "Whitehead" Suit to Assert Common Law Fraud Claims -------------------------------------------------------------- In the lawsuit captioned ADDIE CATES WHITEHEAD and ORMAN WHITEHEAD, the Plaintiffs, v. VIVINT, INC, the Defendant, Case No. 1:16-cv-00059-MAC (E.D. Tex.), the Plaintiffs seek to amend their complaint to add an additional cause of action -- common law fraud. Vivint has not given consent for Plaintiff to do so. On July 12, 2014, Addie and Orman Whitehead entered into an agreement with Defendant for the purchase of a security and fire alarm system. They paid additional money for Vivint to install industrial smoke detectors for the Alarm System. Since the Alarm Systems was installed, there were complications with the Alarm System that showed it was not working as intended. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=kXxJ3STu The Plaintiffs are represented by: Malachi Daws, Esq. Judson Daws, Esq. THE DAWS LAW FIRM 485 Milam Street Beaumont, TX 77701 Telephone: (409) 838 6000 Facsimile: (409) 838 6003 E-mail: mdaws@dawslawfirm.com The Defendant is represented by: Nicholas P. Laurent, Esq. Barron & Adler, LLP 808 Nueces Street Austin, Texas 78701 Telephone: (512) 478 4995 Facsimile: (512) 478 6022 E-mail: Laurent@barronadler.com knox@barronadler.com perry@barronadler.com WAUPACA FOUNDRY: "Sarrell" Suit Asserts Overtime Violations ----------------------------------------------------------- MICHAEL SARRELL, Individually, on behalf of himself and on behalf of others similarly situated, Plaintiffs, v. WAUPACA FOUNDRY, INC., a Wisconsin Corporation, FLSA Opt-In Collective Action Defendant, Case No. 1:17-cv-00056 (E.D. Tenn., February 28, 2017), raises claims for "off-the-clock" and overtime violations as a Collective Action pursuant to the Fair Labor Standards Act. Defendant Waupaca Foundry, Inc. is a Hitachi Metals Group Company and part of Hitachi Metals, Ltd., a material manufacturer with production facilities worldwide. Waupaca is an iron castings producer. Plaintiff is an hourly-paid protective safety geared employee. The Plaintiff is represented by: Gordon E. Jackson, Esq. James L. Holt, Jr., Esq. J. Russ Bryant, Esq. Paula R. Jackson, Esq. JACKSON, SHIELDS, YEISER & HOLT 262 German Oak Drive Memphis, TN 38018 Phone: (901) 754-8001 Fax: (901) 754-8524 E-mail: gjackson@jsyc.com jholt@jsyc.com rbryant@jsyc.com pjackson@jsyc.com WELLS FARGO: Class Certification Bid in "Miller" Suit Denied ------------------------------------------------------------ In the lawsuit styled ANNA MILLER, the Plaintiff, v. WELLS FARGO BANK, N.A., the Defendant, Case No. 1:16-cv-21145-UU (S.D. Fla.), the Hon. Judge Ursula Ungaro entered an order denying the request to certify a class of: "any person who had a FHA-insured loan for which (1) the Date of the Note is within a period beginning on June 1, 1996 and ending on January 20, 2015; (2) Wells Fargo, as of the date the total amount due on the loan was brought to zero, was the owner or otherwise held legal title to the Note; (3) Wells Fargo collected interest for any period after the total amount due on the loan was brought to zero (i.e., Wells Fargo collected "post-payment interest"); and (4) Wells Fargo collected post-payment interest during the applicable statute of limitations period". On March 31, 2016, the Plaintiff filed the instant putative class action, alleging claims for: (1) breach of contract (Count I); and (2) declaratory and injunctive relief (Count II). The Plaintiff alleges that Defendant wrongfully charged and collected from Plaintiff and the proposed class members "post-payment interest" (interest collected by a lender after the borrower has paid the full unpaid principal of the loan), without providing adequate disclosures under HUD and FHA regulations. The Plaintiff alleges that under HUD and FHA regulations, all underlying FHA-insured loans must contain certain uniform provisions. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=Lp24zUsz WHITEPAGES INC: Removed "Klinger" Class Suit to N.D. Illinois ------------------------------------------------------------- The class action lawsuit entitled Kevin Klinger, individually and on behalf of all others similarly situated v. Whitepages, Inc. d/b/a WHITEPAGES.COM, Case No. 2017-CH-01555, was removed from the Circuit Court of Cook County, IL, Chancery Division to the U.S. District Court for the Northern District of Illinois. The District Court Clerk assigned Case No. 1:17-cv-01441 to the proceeding. Whitepages, Inc. is a provider of online directory services, fraud screening and identity verification for businesses, public record background checks, and other products, based on its database of contact information for people and businesses. Kevin Klinger is a pro se plaintiff. The Defendant is represented by: Blaine C. Kimrey, Esq. VEDDER PRICE PC 222 N. Lasalle, Suite 2600 Chicago, IL 60601 Telephone: (312) 609-7500 E-mail: bkimrey@vedderprice.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala, Joy A. Agravantefor, Valerie Udtuhan, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2017. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000 or Nina Novak at 202-362-8552. * * * End of Transmission * * *