/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/170508.mbx C L A S S A C T I O N R E P O R T E R Monday, May 8, 2017, Vol. 19, No. 91 Headlines 311 W90: Excel Builders Seeks $230,161 for Breach of Contract ALDOUS & ASSOCIATES: Faces "Rhodes" Suit in E.D. New York ALL CELLULAR: Accused of Wage & Hour Violations in "Garcia" ALLIANCE MMA: "Shulman" Suit Alleges Securities Law Violations ALT FACTORY: Accused of Wage & Hour Violations in "Morales" Suit AMERICAN FIRE: Faces "Portugal" Suit over Overtime Wage ANSAM COMMERCIAL: Faces 13-50 River Suit in E.D. New York ARAKELIAN ENTERPRISES: Ramirez et al. Sue over Unpaid Wages ARS NATIONAL: Faces "Bonti" Suit in Eastern Dist. of New York BERKELEY UNIFIED SCHOOL: Students File Class Suit in N.D. Cal. BEST BUY: "Bautista" Suit Transferred from C.D. Cal to N.D. Cal. BHART & HARISH: "Solano" Suit Seeks Unpaid Wages Under Labor Code BILLY'S STONE: Fails to Pay Overtime Wage, "Rodriguez" Suit Says BROOKLYN BOTANICAL: Faces "Kiler" Suit in E.D. New York COMBINED INSURANCE: Court Denied Class Certification in "Dolmage" COTY INC: "Bowens" Suit Transferred from M.D. Ala. to S.D. Ala. CREDIT CONTROL: Faces "Cruz" Suit in Eastern Dist. of New York DOORDASH INC: Faces "Marko" Wage-and-Hour Class Suit EARTHGRAINS DISTRIBUTION: "Urena" Suit Seeks Class Certification ELECTRICITY MAINE: Zurich American Refuses to Undertake Defense ENDO INTERNATIONAL: Sergeants Benevolent Suit Moved to E.D. Pa. EXPRESS COURIER: Drivers Class Certification Sought in "Harris" FELICIA NORWOOD: Class Certification Hearing Continued to July 14 FIRSTSOURCE ADVANTAGE: Faces "Rotella" Suit in E.D. New York FLURRY LIVE: Padron et al. Sue Over Spam Text Messages FOREST LAWN: "Estrada" Suit Seeks Damages Under Labor Code FRANK & ISRAEL: Class Certification Sought in Palm Beaches Suit FRESENIUS KABI: Shannon Seeks to Enjoin Akorn Inc. Merger FYRE MEDIA: Chinery et al. Sued Over Bahamas Music Festival GENESEE GRANDE: Faces "Kiler" Suit in Eastern Dist. of New York GULLIVER'S TAVERN: Certification of Entertainers Class Sought HANSON AGGREGATES: Faces "Post" Suit in Texas State Court HOBBY LOBBY: Faces "Chase" Suit in Southern Dist. of California HUMAN RESOURCE PROFILE: Lamones Seeks to Certify Class HUMANA INC: Certification of Healthcare Coordinators Class Sought INTEGRITY HOME: Court Conditionally Certified Care Aides Class JEFFERSON CLINTON: Faces "Kiler" Suit in E.D. New York KISS MY FACE: Faces "Dai" Suit in New York Supreme Court LANNETT COMPANY: Pension Funds' Suit Moved to E.D. Pa. LEGO SYSTEMS: Faces "Gomez" Suit in Southern District of Florida LIBERTY INSURANCE: Bid for Class Certification Partly Granted LLR INC: "Goodwin" Suit Moved to N.D. Ohio MEC CONSTRUCTION: "Pritt" Suit Seeks Unpaid Wages Under FLSA MIDWAY IMPORTING: "Rivera" Suit Moved to S.D. New York MLTD INC: Faces "Caballero" Wage and Hour Class Suit MONDELEZ GLOBAL: Faces "McCue" Suit in N.Y. State Court MONDELEZ INTERNATIONAL: "Winn" Suit Moved to N.D. California MONINI NORTH AMERICA: Faces "Jessani" Suit in S.D. New York MONSANTO COMPANY: Sued in E.D.N.C. Over Sale of Herbicide Roundup MOSS MANAGEMENT: Faces "Townsend" Wage-and-Hour Suit MRS BPO: Faces "Dipisa" Suit in Eastern District of New York MRS BPO: Faces "Dykes" Suit in Eastern District of New York MRS BPO: Faces "Messina" Suit in Eastern District of New York NEW YORK: Accused of Overstating Taxi Medallions' Value NORTHLAND GROUP: Faces "Bakon" Suit in E.D. New York NORTHLAND GROUP: Faces "Schaechter" Suit in E.D. New York NORTHSTAR LOCATIONS: Faces "Lasri" Suit in E.D. New York PACIFIC COAST: Faces "Serrano" Wage & Hour Suit PHELAN & HALLINAN: Certification of Unknown Tenant Class Sought PIER ENTERPRISES: Class Certification Sought in "Reyes" Suit PIOLA PROPERTY: Faces "Jorge" Suit Over Breach of Contract Q.E.D. ENVIRONMENTAL: FLSA Class Certification Partly Granted RALPHS GROCERY: Levin Sues over Inflated Price of Plastic Bags RELIANCE TRUST: Class Certification Bid in "Feinerman" Denied RESURGENT CAPITAL: Faces "Kalmenson" Suit in E.D. New York RFUTURE CORP: Placeholder Motion for Class Certification Filed RGS FINANCIAL: Faces "Shaw" Suit in Eastern District of New York RGS FINANCIAL: Faces "Frohnhoefer" Suit in E.D. New York RICHARDSON STEVEDORING: Certification of Riggers Class Sought RURAL KING: Faces "Gunaris" Suit in Northern District of Ohio RUSHMORE LOAN: Court Denied Class Certification Bid in "Sellers" S.W. QUEENS: Faces "Niemyski" Suit in New York Supreme Court SABATINO TRUFFLES: Olive Oil Lacks Truffle, "Quiroz" Suit Says SAMSUNG ELECTRONICS: Faces "Jones" Suit in W.D. Florida SEPTA: Rejects Job Applicants with Criminal Records, Suit Claims SPECTRUM SOFTWARE: Health Care Sys. Sues Over Spam Advertisements STEAK N SHAKE: Conditional Certification of FLSA Class Sought STEPHEN EINSTEIN: Faces "Buslayev" Suit in E.D. New York TAYLOR SMITH: Court Granted Bid to Conditionally Certify Class TRANSWORLD SYSTEMS: Faces Fagen et al. Wage-and-Hour Suit TSG COLLECTIONS: Faces "Gendelberg" Suit in E.D. New York UNION SETTLEMENT: Morales Seeks Unpaid OT Wages UNION TURNPIKE: Takhalov Seeks Unpaid Wages Under Labor Code UNITED COLLECTION: Faces "Sims" Suit in E.D. New York UNITED COLLECTION: Faces "Hertzovitz" Suit in E.D. New York UNITED COLLECTION: Faces "Gueta" Suit in E.D. New York UNUM GROUP: Faces "Remington" Suit in Southern Dist. of Florida VENGROFF WILLIAMS: "Curry" Suit Seeks Moved to E.D. New York WCAY INC: Accused of Wage & Hours Violations in "Mitchell" Suit WORLDVENTURES HOLDINGS: Yiru Sues over Alleges Pyramid Scheme ZWICKER & ASSOCIATES: Faces "Fasman" Suit in E.D. New York ********* 311 W90: Excel Builders Seeks $230,161 for Breach of Contract ------------------------------------------------------------- EXCEL BUILDERS & RENOVATORS, INC., on behalf of itself and all other parties who are similarly situated, the Plaintiffs, v. 311 W90 LLC, ROCKRIDGE GROUP LLC, ROBERT ARZANIPOUR, SHADI ARZANIPOUR, and RIDGE ABSTRACT CORP., the Defendants, Case No. 508901/2017 (N.Y. Sup. Ct., May 1, 2017), seeks to recover damage for breach of contract in the sum of $230,161.82 plus interest at the contract rate. The Defendant entered into a written contract with Excel made as of May 18, 2014, for Excel to complete the Project. The contract was amended by change orders. That at the special instance and request of Defendants and Rockridge Group, between May 18, 2014 and January 30, 2016, plaintiff Excel performed work, labor, services, and furnished materials for the Project. The work, labor, services, and materials included, but are not limited to, supplying and installing new masonry, steel, HVAC, plumbing, and finishes. Excel performed all of the terms and conditions of the Contract and the change orders with defendant 311 W90. The total agreed price and reasonable value of the work, labor, and services performed and materials furnished by Excel for defendants 311 W 90 and Rockridge Group for the Project is $1,880,541.00. The defendants paid Excel part of the agreed price and reasonable value, but there remains a balance of $230,161.82 due Excel from defendant 311 W90 on the contract and the change orders. Excel has demanded payment of the balance due from defendant 311 W90, but it has failed and refused to pay. Excel has been damaged in the sum of $230,161.82 plus interest at the contract rate from January 30, 2016.[BN] The Plaintiffs are represented by: Neal S. Dobshinsky, Esq., 444 Madison Avenue, 4th Fl New York, New York 10022 Telephone: (212) 344 0900 ALDOUS & ASSOCIATES: Faces "Rhodes" Suit in E.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Aldous & Associates, P.L.L.C. The case is captioned as Corliss Rhodes, on behalf of herself individually and all others similarly situated, the Plaintiff, v. Aldous & Associates, P.L.L.C., the Defendant, Case No. 1:17-cv-02592 (E.D.N.Y., May 2, 2017). Aldous and Associates is debt collection firm.[BN] The Plaintiff appears pro se. ALL CELLULAR: Accused of Wage & Hour Violations in "Garcia" ----------------------------------------------------------- LAURA GARCIA, individually and on behalf of all others similarly situated, the Plaintiff, v. ALL CELLULAR, LLC, a California Corporation; and DOES 1 through 20, inclusive, the Defendants, Case No. BC659999 (Cal Super. Ct., May 2, 2017), seeks monetary relief against Defendants on behalf of herself and all others similarly situated in California to recover, among other things, unpaid wages and benefits, interest, attorneys' fees, costs and expenses and penalties pursuant to Labor Code. The Plaintiff alleges 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. Defendants operate a chain of mobile phone stores throughout California.[BN] The Plaintiff is represented by: Kashif Haque, Esq. Samuel A. Wong, Esq. Jessica L. Campbell, Esq. AEGIS LAW FIRM 9811 Irvine Center Drive, Suite 100 Irvine, CA 92618 Telephone: (949) 379 6250 Facsimile: (949) 379 6251 ALLIANCE MMA: "Shulman" Suit Alleges Securities Law Violations -------------------------------------------------------------- DARREN SHULMAN, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. ALLIANCE MMA, INC., PAUL K. DANNER, III, and JOHN PRICE, the Defendants, Case No. 1:17-cv-03282 (S.D.N.Y., May 3, 2017, 2017), seeks to recover compensable damages caused by Defendants' violations of the federal securities laws. The case is a federal securities class action on behalf of a class consisting of all persons and entities other than Defendants who purchased or otherwise acquired the publicly traded securities of Alliance pursuant and/or traceable to the Company's initial public offering on or about October 6, 2016 (IPO). Alliance MMA's Registration Statement, including the documents it incorporated by reference, contained materially untrue and misleading statements and/or omissions. Defendants negligently allowed the Prospectus to contain materially untrue and misleading statements and/or omissions to the extent that they knew or should have known that the Prospectus was materially misleading, but failed to act in a reasonable manner to prevent the Prospectus from containing materially misleading statements and/or preventing the materially misleading Prospectus from being disseminated. These claims, brought under Sections 11 and 15 of the Securities Act, are based solely on claims of strict liability and/or the absence of any affirmative defense based on the reasonableness of the pertinent Defendants' investigation into the true facts. These claims are not based on any allegation of fraud, intentional wrongdoing, or severe recklessness. Alliance MMA was formed on February 12, 2015 to acquire companies in the mixed martial arts ("MMA") industry. The Company aims to create a highly organized feeder organization to the sport's highest level of professional competition including The Ultimate Fighting Championship (UFC), Bellator MMA, World Series of Fighting and other prestigious MMA promotions worldwide.[BN] The Plaintiff is represented by: Nicholas I. Porritt Adam M. Apton LEVI & KORSINSKY LLP 30 Broad Street, 24th Floor New York, NY10004 Telephone: (212) 363 7500 Facsimile: (212) 363 7171 Email: nporritt@zlk.com aapton@zlk.com ALT FACTORY: Accused of Wage & Hour Violations in "Morales" Suit ---------------------------------------------------------------- SANDRA MORALES, On Behalf of Herself and All Others Similarly Situated and On Behalf of the General Public as Private Attorneys General, the Plaintiff, v. ALT FACTORY, INC, a California corporation; and DOES 1 through 250, inclusive, the Defendant, Case No. BC659970 (Cal. Super. Ct., May 3, 2017, 2017), seeks declaratory relief, restitution and compensation for work performed and moneys due to her and the similarly situated employees/staff. The Plaintiff, 45, became employed by Defendant in July 2015 as a Machine Operator, manufacturing clothing for various stores. Plaintiff was one of 30-35 Machine Operators working for Defendants. During her employment, Plaintiff had complained to management about wage and hour violations. Plaintiff discovered, from the few pay stubs Plaintiff did receive, that Federal and state taxes were not being paid. Additionally, in December 2015, Plaintiff was paid cash for two weeks' worth of work and was instructed not to clock in during this time. Plaintiff protested but relented by following the orders of her supervisor. Further, Plaintiff was required to work from 7:45 a.m. until 5:00 p.m., but all the employees were required to clock out at 4:00 p.m. and were not compensated for the additional hour worked. Defendants failed to keep accurate records of actual hours worked by all employees. Alt Factory is doing business in wood television and radio cabinet manufacturers industry located in Los Angeles, California.[BN] The Plaintiff is represented by: Gary R. Carlin, Esq. Brent S. Buchsbaum, Esq. Laurel N. Haag, Esq. Ana L. De La Torre, Esq. LAW OFFICES OF CARLIN & BUCHSBAUM, LLP 555 East Ocean Blvd., Suite 818 Long Beach, CA 90802 Telephone: (562)432-8933 Facsimile: (562)435-1656 E-mail: gary@carlinbuchsbaum.com brent@carlinbuchsbaum.com laurel@carlinbuchsbaum.com ana@carlinbuchsbaum.com AMERICAN FIRE: Faces "Portugal" Suit over Overtime Wage ------------------------------------------------------- MANUEL M PORTUGAL and all others similarly situated under 29 U.S.C. 216(b), the Plaintiffs, v. AMERICAN FIRE SPRINKLER SERVICES, INC., ANISA OWEIS, OMAR OWEIS, the Defendants, Case No. 1:17-cv-21650-RNS (S.D. Fla., May 3, 2017, 2017), alleges that Defendants have employed approximately 25 other similarly situated employees like Plaintiff who have not been paid overtime and/or minimum wages for work performed in excess of 40 hours weekly from the filing of this complaint back three years. The Plaintiff worked for Defendants as a fire sprinkler installer from December 20, 2002 through on or about April 25, 2017. Between the period of December 20, 2002, through April 25, 2017 Plaintiff worked an average of 60 hours a week for Defendants and was paid an average of $20.00 per hour but was never paid the extra half time rate for any hours worked over 40 hours in a week as required by the Fair Labor Standards Act. Plaintiff therefore claims the halftime overtime rate for each hour worked above 40 in a week. Defendants willfully and intentionally refused to pay Plaintiff's overtime wages as required by the Fair Labor Standards Act as Defendants knew of the overtime requirements of the Fair Labor Standards Act and recklessly failed to investigate whether Defendants' payroll practices were in accordance with the Fair Labor Standards Act. Defendants remain owing Plaintiff these wages since the commencement of Plaintiff's employment with Defendants. American Fire is in the fire sprinkler system installation business.[BN] The Plaintiffs are 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 ANSAM COMMERCIAL: Faces 13-50 River Suit in E.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Ansam Commercial Kitchen & Ventilation Specialists, Inc. The case is titled as 13-50 River Road Corp, doing business as: Empress Diner individually and as the representative of a class of similarly situated persons, the Plaintiff, v. Ansam Commercial Kitchen & Ventilation Specialists, Inc., the Defendant, Case No. 1:17-mc- 01284-ARR (E.D.N.Y., May 2, 2017). The case is assigned to the Hon. Judge Allyne R. Ross. Ansam Kitchen is in the business of ventilation and duct work contracting since 2005.[BN] The Plaintiff is represented by: Kim Richman, Esq. THE RICHMAN LAW GROUP 81 Prospect Street Brooklyn, NY 11201 Telephone: (718) 705 4579 E-mail: krichman@richmanlawgroup.com - and - Phillip A. Bock, Esq. BOCK & HATCH, LLC 134 N. La Salle St., Suite 1000 Chicago, IL 60602 Telephone: (312) 658 5500 Facsimile: (312) 658 5555 E-mail: phil@bockhatchllc.com - and - Tod A. Lewis, Esq. BOCK, HATCH, LEWIS & OPPENHEIM, LLC 134 North Lasalle Street Chicago, IL 60602 Telephone: (312) 658 5500 Facsimile: (312) 658 5555 E-mail: tod@classlawyers.com ARAKELIAN ENTERPRISES: Ramirez et al. Sue over Unpaid Wages ----------------------------------------------------------- SALVADOR RAMIREZ, VICTOR CASTRO, CUAUHTEMOC HERNANDEZ, and MARIO BARRAZA, on behalf of themselves and others similarly situated, the Plaintiffs, v. ARAKELIAN ENTERPRISES, INC. D/B/A ATHENS SERVICES; and DOES 1 to 100, Inclusive, the Defendant, Case No. BC659780 (Cal. Super. Ct., May 1, 2017), seeks to recover unpaid wages under the state Labor Code. The case is a class action lawsuit seeking unpaid wages and interest for unpaid wages for all hours worked at minimum wage and overtime hours worked at the overtime rate of pay due to Defendants' policy, practice, and/or procedure of requiring employees' to work off-the-clock; rounding down or shaving down employees' daily hours worked to the nearest quarter of an hour; automatically deducting 30 minutes from employees' daily hours worked for first meal periods; failing to authorize or permit duty-free first meal periods; failure to authorize or permit second meal periods; failure to authorize or permit rest periods; statutory penalties for failure to provide accurate wage statements; waiting time penalties in the form of continuation wages for failure to timely pay employees all wages due upon separation of employment; injunctive relief and other equitable relief; reasonable attorney's fees pursuant to California Labor Code sections 226(e) and 1194; costs; and interest brought on behalf of Plaintiffs and others similarly situated. Athens Services provides waste collection and recycling services in Southern California for over 50 years.[BN] The Plaintiffs are represented by: Vincent C. Granberry, Esq. LAVI & EBRAHIMIAN, LLP 8889 W. Olympic Blvd., Suite 200 Beverly Hills, CA 90211 Telephone: (310) 432 0000 Facsimile: (310) 432 0001 ARS NATIONAL: Faces "Bonti" Suit in Eastern Dist. of New York ------------------------------------------------------------- A class action lawsuit has been filed against ARS National Services, Inc. The case is titled as Coleen Bonti, individually and on behalf of all others similarly situated, the Plaintiff, v. ARS National Services, Inc., the Defendant, Case No. 2:17-cv-02580 (E.D.N.Y., May 1, 2017). ARS National offers accounts receivable management services. It caters to financial services organizations; banks; and credit card companies.[BN] The Plaintiff appears pro se. BERKELEY UNIFIED SCHOOL: Students File Class Suit in N.D. Cal. -------------------------------------------------------------- A class action lawsuit has been filed against Berkeley Unified School District. The case is entitled as Student A, by and through Parent A, her guardian, individually and on behalf of all other similarly situated children; Student B, by and through Parent B, his guardian, individually and on behalf of all other similarly situated children; Student C, by and through Parent C, his guardian, individually and on behalf of all other similarly situated children; and Student D, by and through Parent D, her guardian, individually and on behalf of all other similarly situated children, the Plaintiffs, v. Berkeley Unified School District; Donald Evans, in his official capacity as the Superintendent for the Berkeley Unified School District; Beatriz Levya-Cutler, in her official capacity as a director of the Berkeley Unified School District Board of Education; Ty Alper, in his official capacity as a director of the Berkeley Unified School District Board of Education; Judy Appel, in her official capacity as a director of the Berkeley Unified School District Board of Education; Josh Daniels, in his official capacity as a director of the Berkeley Unified School District Board of Education; Karen Hemphill, in her official capacity as a director of the Berkeley Unified School District Board of Education; and Board of Education of the Berkeley Unified School District, the Defendants, Case No. 3:17-cv-02510 (N.D. Cal., May 2, 2017). The Berkeley Unified School District is the public school district for the city of Berkeley, California, United States.[BN] The Plaintiffs appear pro se. BEST BUY: "Bautista" Suit Transferred from C.D. Cal to N.D. Cal. ---------------------------------------------------------------- The class action lawsuit titled Mari S. Bautista, as an individual, and all others similarly situated, the Plaintiff, v. Best Buy Stores L.P., a Virginia limited partnership, and Does 1-25, the Defendant, Case No. 2:17-cv-01026, was transferred on May 3, 2017 from the U.S. District Court for the Central District of California, to the U.S. District Court for the Northern District of California (San Francisco). The District Court Clerk assigned Case No. 3:17-cv-02530-EDL to the proceeding. The case is assigned to the Hon. Magistrate Judge Elizabeth D. Laporte. Best Buy retails consumer electronics, home office products, entertainment software products, appliances, and related services. The company was incorporated in 2004 and is based in Richfield, Minnesota with stores in the United States. Best Buy Stores, L.P. operates as a subsidiary of BBC Property Co.[BN] The Plaintiff is represented by: Gregg Andrew Farley, Esq. LAW OFFICES OF GREGG A. FARLEY 11755 Wilshire Blvd., Ste 1300 Los Angeles, CA 90025 Telephone: (310) 445 4024 Facsimile: (310) 445 4109 E-mail: gfarley@farleyfirm.com - and - Sahag Majarian, II, Esq. LAW OFFICE OF SAHAG MAJARIAN II 18250 Ventura Boulevard Tarzana, CA 91356 Telephone: (818) 609 0807 Facsimile: (818) 609 0892 E-mail: sahagii@aol.com The Defendant is represented by: Barbara J. Miller, Esq. ALAMEDA CNTY SUP COURT 1225 Fallon Dept 5 Oakland, CA 94612 - and - Bryan L Jarrett, Esq. Sarah Jane Allen, Esq. MORGAN LEWIS & BOCKIUS LLP 600 Anton Boulevard, Suite 1800 Costa Mesa, CA 92626 Telephone: (949) 399 7000 Facsimile: (714) 830 0700 E-mail: bjarrett@morganlewis.com sarah.allen@morganlewis.com BHART & HARISH: "Solano" Suit Seeks Unpaid Wages Under Labor Code ----------------------------------------------------------------- OSCAR SOLANO, individually, and on behalf of all others similarly situated, the Plaintiff, v. BHART & HARISH INTERNATIONAL, LLC, a California Limited Liability Company; SHEWAK LAJWANTI HOME FASHIONS, INC., a California Corporation; and DOES 1 through 50, inclusive, the Defendants, Case No. BC659761 (Cal. Super. Ct., May 1, 2017), seeks to recover all unpaid wages pursuant to the California Labor Code. The Plaintiff brought the action against the Defendants for California Labor Code violations and unfair business practices stemming from Defendants' failure to provide meal periods, failure to authorize and permit rest periods, failure to pay minimum and straight time wages, failure to pay overtime wages, failure to timely pay all wages to terminated employees, failure to furnish accurate wage statements, and failure to maintain accurate records of hours worked. Plaintiff seeks equitable relief, interest, restitution, and reasonable attorney's fees and costs. Shewak Lajwanti Home Fashions, Inc. was founded in 2002. The company's line of business includes the manufacturing of machinery for the textile industries.[BN] The Plaintiff is represented by: Kane Moon, Esq. Justin F. Marquez, Esq. Allen Feghali, Esq. MOON & YANG, APC 3435 Wilshire Blvd., Suite 1820 Los Angeles, CA 90010 Telephone: (213) 232 3128 Facsimile: (213) 232 3125 E-mail: kane.moon@moonyanglaw.com justin.marquez@moonyanglaw.com allen.feghali@moonyanglaw.com BILLY'S STONE: Fails to Pay Overtime Wage, "Rodriguez" Suit Says ---------------------------------------------------------------- NARCISO CARRILLO RODRIGUEZ and all others similarly situated under 29 U.S.C. 216(b), the Plaintiff, v. BILLY'S STONE CRABS, INC., WILLIAM L. HERSHEY, the Defendants, Case No. 0:17-cv-60867-BB (S.D. Fla., May 3, 2017, 2017), alleges that the Defendants have employed several other similarly situated employees like Plaintiff who have not been paid overtime and/or minimum wages for work performed in excess of 40 hours weekly from the filing of this complaint back three years overtime wages, double damages and reasonable attorney fees from Defendants, jointly and severally, pursuant to the Fair Labor Standards Act. Between the period of January 5, 2015 through on or about August 2, 2016, Plaintiff worked an average of 84 hours a week for Defendants and was paid an average of $25.00 per hour but was never paid anything at all for any hours worked over 40 hours in a week. Between the period of on or about August 3, 2016 through on or about December 31, 2016, Plaintiff worked an average of 84 hours a week for Defendants and was paid an average of $14.58 per hour but was never paid the extra half time rate for any hours worked over 40 hours in a week. Between the period of on or about January 1, 2017 through on or about April 24, 2017, Plaintiff worked an average of 72 hours a week for Defendants and was paid an average of $14.58 per hour but was never paid the extra half time rate for any hours worked over 40 hours in a week as required by the Fair Labor Standards Act. Billy's Stone is a glass-walled fish house offering classic fare, water & sunset views, retail market & boat dockage.[BN] 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 BROOKLYN BOTANICAL: Faces "Kiler" Suit in E.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Brooklyn Botanical Garden. The case is captioned as Marion Kiler, on behalf of herself and all others similarly situated, the Plaintiff v. Brooklyn Botanical Garden, the Defendant, Case No. 1:17-cv-02619 (E.D.N.Y., May 2, 2017). Brooklyn Botanic is a botanical garden in the borough of Brooklyn in New York City. Founded in 1910, and located in the Prospect Park.[BN] The Plaintiff appears pro se. COMBINED INSURANCE: Court Denied Class Certification in "Dolmage" ----------------------------------------------------------------- The Hon. Chief Judge Ruben Castillo entered an order in the lawsuit styled Anne Dolmage, the Plaintiff, v. Combined Insurance Company of America, the Defendant, Case No. 1:14-cv-03809 (N.D. Ill.), denying Plaintiff's motion for class certification. The Court will hold a status hearing in open court on June 20, 2017 at 9:45 a.m. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=TGivETvN COTY INC: "Bowens" Suit Transferred from M.D. Ala. to S.D. Ala. --------------------------------------------------------------- The class action lawsuit titled Carrie Bowens, on behalf of herself and all others similarly situated, the Plaintiff, v. Coty, Inc., The Proctor & Gamble Company, Inc., The Proctor & Gamble Manufacturing Company, Inc., The Procter & Gamble Distributing, LLC, and Procter & Gamble Hair Care, LLC, the Defendants, Case No. 2:17-cv-118-WKW-TFM, was transferred on May 2, 2017 from the U.S. District Court for the Middle District of Alabama, to the U.S. District Court for the Southern District of Alabama (Mobile). The Southern District Court Clerk assigned Case No. 1:17-cv-00192-MU to the proceeding. The case assigned to the Hon. Magistrate Judge P. Bradley Murray. Coty, Inc. is a North American beauty products manufacturer based in New York founded in Paris, France, by Fran‡ois Coty in 1904. Its main products are fragrances, color cosmetics and skin and body care products.[BN] The Plaintiff is represented by: Brandy Lee Robertson, Esq. W. Lewis Garrison , Jr., Esq. HENINGER GARRISON DAVIS LLC 2224 1st Avenue North Birmingham, AL 35203 Telephone: (205) 326 3336 Facsimile: (205) 326 3332 E-mail: brandy@hgdlawfirm.com wlgarrison@hgdlawfirm.com - and - Joseph L. Tucker, Esq. K. Stephen Jackson, Esq. JACKSON & TUCKER, P.C. Black Diamond Building 2229 1st Avenue N. Birmingham, AL 35203 Telephone: (205) 252 3535 Facsimile: (205) 252 3536 E-mail: josh@jacksonandtucker.com steve@jacksonandtucker.com The Defendants are represented by: Hugh Cannon Lawley, Esq. Jeffrey B. Cannon, Jr., Esq. Walter J. Price, III, Esq. HUIE, FERNAMBUCQ & STEWART 417 N. 20th St., Ste. 800 Birmingham, AL 35203 E-mail: cannon@huielaw.com bcannon@huielaw.com wprice@huielaw.com CREDIT CONTROL: Faces "Cruz" Suit in Eastern Dist. of New York -------------------------------------------------------------- A class action lawsuit has been filed against Credit Control Services, Inc. The case is captioned as Yendy Cruz on behalf of himself and all others similarly situated, the Plaintiff, v. Credit Control Services, Inc. doing business as: Credit Collection Services, the Defendant, Case No. 2:17-cv-02590 (E.D.N.Y., May 1, 2017). Credit Control, doing business as credit collection services, provides business process outsourcing solutions for customers in the United States.[BN] The Plaintiff appears pro se. DOORDASH INC: Faces "Marko" Wage-and-Hour Class Suit ---------------------------------------------------- DANIEL MARKO, individually and on behalf of all others similarly situated, the Plaintiff, v. DOORDASH, INC., and DOES 1 to 50, inclusive, the Defendant, Case No. BC659841 (Cal. Super. Ct., May 2, 2017), seeks compensation, damages, penalties and interest to the full extent permitted by the Labor Code and Industrial Welfare Commission (IWC) Wage Orders. The case challenges systemic illegal employment practices resulting in the violations of the California Labor Code, Business and Professions Code, and applicable IWC wage order against employees of Defendants. The Plaintiff alleges that Defendants, jointly; and severally, have acted intentionally and with deliberate indifference and conscious disregard of the rights of all employees in, among other things, failing to provide the statutorily required meal and rest' periods and failing to pay the statutorily required meal period and rest period premium wages when not provided, failing to pay all minimum, regular and overtime wages due, failing to pay wages in a timely fashion, including at the end of employment, misclassifying employees so as to avoid payment of wages, failing to indemnify employees for business expenses, and failing to keep statutorily required payroll records. DoorDash is an on-demand restaurant delivery service. DoorDash was founded in 2013 by Stanford students Andy Fang, Stanley Tang and Tony Xu.[BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. LAW OFFICES OF TODD M FRIEDMAN, P.C. 21550 Oxnard St, Suite 7SO Woodland Hills, CA 91367 Telephone: (877) 206 4741 Facsimile: (866) 633 0228 E-mail: tfriedman@toddflaw.com abacon@toddflaw.com EARTHGRAINS DISTRIBUTION: "Urena" Suit Seeks Class Certification ---------------------------------------------------------------- In the lawsuit styled RUDY URENA and VICTOR URENA, on behalf of themselves and all others similarly situated, the PLAINTIFFS, v. EARTHGRAINS DISTRIBUTION, LLC, BIMBO BAKERIES USA., INC., and DOES 1 through 10, inclusive, the DEFENDANTS, Case No. 8:16-cv-00634- CJC-DFM (C.D. Cal.), the Plaintiffs will move the Court on July 17, 2017, at 1:30 p.m. in the courtroom of the Hon. Cormac J. Carney, for an order to certify a class: "all persons who have, during the period commencing February 2013 through trial in this action, served as "Distributors" by personally delivering and/or merchandising products in the State of California under a "Distribution Agreement" with Earthgrains Distribution, LLC that they entered into on behalf of themselves or entities in which they have an ownership interest". The Plaintiffs further seek to have certified for resolution on behalf of the class each of the causes of action pled in the Third Amended Complaint, which include claims for reimbursement of business expenses (Cal. Labor Code section 2802), unlawful deductions from wages (Cal. Labor Code sections 221, 223, 400- 410), failure to provide off-duty meal periods (Cal. Labor Code sections 226.7, 1194); failure to pay employees for rest periods (Cal. Labor Code sections 226.7, 1194), failure to furnish accurate wage statements (Cal. Labor Code sections 226, 226.3), failure to keep accurate payroll records (Cal. Labor Code sections 1174 & 1175.5), and violations of California's Unfair Competition Law (Cal. Bus. & Prof. Code section 17200 et seq.). The Plaintiffs also seek to have the Plaintiffs' Counsel appointed as Class Counsel. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=86oB5rGZ The Plaintiffs are represented by: Peter Rukin, Esq. Valerie Brender, Esq. RUKIN HYLAND LLP 100 Pine Street, Suite 2150 San Francisco, CA 94111 Telephone: (415) 421-1800 Facsimile: (415) 421-1700 E-mail:prukin@rukinhyland.com vbrender@rukinhyland.com - and - Aaron Kaufmann, Esq. Beth Ross, Esq. Elizabeth Gropman, Esq. LEONARD CARDER, LLP 1330 Broadway, Suite 1450 Oakland, CA 94612 Telephone: (510) 272 0169 Facsimile: (510) 272 0174 E-mail: akaufmann@leonardcarder.com bross@leonardcarder.com egropman@leonardcarder.com ELECTRICITY MAINE: Zurich American Refuses to Undertake Defense --------------------------------------------------------------- ZURICH AMERICAN INSURANCE COMPANY, a New York corporation with its principal place of business in Schaumburg, Illinois, the Plaintiff, v. ELECTRICITY MAINE LLC, a Maine limited liability company with its principal place of business in Auburn, Maine; EMILE CLAVET, a citizen of the State of Maine; KEVIN DEAN, a citizen of the State of Maine; SPARK HOLDCO LLC, a Maine limited liability company with its principal place of business in Auburn, Maine; PROVIDER POWER LLC, a Maine limited liability company with its principal place of business in Auburn, Maine; and KATHERINE VEILLEUX and JENNIFER CHON, individually and on behalf of all others similarly situated, citizens of the State of Maine, the Defendants, Case No. 2:17-cv-00165-NT (D. Maine, May 3, 2017, 2017), seeks judgment declaring that the Plaintiff has no duty to defend Defendants in the Class Action, and for such additional relief as may be appropriate under the circumstances. On November 18, 2016, a class action complaint was filed in this Court by Katherine Veilleux and Jennifer Chon, individually and on behalf of all others similarly situated, against Electricity Maine LLC, Emile Clavet, Kevin Dean, Spark Holdco LLC, and Provider Power LLC, (Class Action). The Class Action is docketed as Case No. 1:16-cv-571-NT. Assurance Company of America issued to Electricity Maine LLC, effective from November 1, 2011 to November 1, 2012, a commercial insurance policy, No. PAS 04961118, including commercial general liability coverage and a commercial umbrella policy. At the request of Electricity Maine LLC, Assurance Company of America non-renewed Policy No. PAS 04961118 on April 25, 2012. Thereafter, through mergers, ZAIC succeeded to the rights and responsibilities of Assurance Company of America with respect to Policy No. PAS 04961118. Farmers Insurance Exchange is administering the Class Action claim on behalf of ZAIC. The Defendants in the Class Action have tendered to Farmers Insurance Exchange the defense of the Class Action. ZAIC has no obligation to defend, and has declined to undertake the defense of the Defendants in the Class Action.[BN] The Plaintiff is represented by: John S. Whitman, Esq. RICHARDSON, WHITMAN, LARGE & BADGER 465 Congress Street P. O. Box 9545 Portland, ME 04112-9545 Telephone: (207) 774 7474 E-mail: jwhitman@rwlb.com ENDO INTERNATIONAL: Sergeants Benevolent Suit Moved to E.D. Pa. --------------------------------------------------------------- The class action lawsuit titled SERGEANTS BENEVOLENT ASSOCIATION HEALTH & WELFARE FUND ON BEHALF OF ITSELF AND ALL OTHERS SIMILARLY SITUATED, the Plaintiff, v. ENDO INTERNATIONAL PLC, ENDO PHARMACEUTICALS INC., PAR PHARMACEUTICAL, INC., QUALITEST PHARMACEUTICALS, INC., MYLAN INC., MYLAN PHARMACEUTICALS INC. SANDOZ, INC., and ACCORD HEALTHCARE, INC., Case No. 17-02355, was transferred from the U.S. District Court for the Southern District of New York, to the U.S. District Court for the Eastern District of Pennsylvania (Philadelphia). The Eastern District Court Clerk assigned Case No. 2:17-cv-01986-CMR to the proceeding. The case is assigned to the Hon. Judge Cynthia M. Rufe. Endo International is highly focused generics and specialty branded pharmaceutical company delivering quality medicines through excellence in development, manufacturing and commercialization.[BN] The Plaintiff is represented by: Peter George Safirstein, Esq. SAFIRSTEIN METCALF LLP 1250 Broadway 27th Fl New York, NY 10001 Telephone: (212) 201 2845 E-mail: psafirstein@safirsteinmetcalf.com EXPRESS COURIER: Drivers Class Certification Sought in "Harris" --------------------------------------------------------------- In the lawsuit captioned JAMES HARRIS, RICK KETCHAM and ADAM MANSKE, Each Individually and on Behalf of All Others Similarly Situated, the PLAINTIFFS, v. EXPRESS COURIER INTERNATIONAL, INC., Case No. 5:16-cv-05033-TLB (W.D. Ark.), the Plaintiffs ask the Court to conditionally certify a class of: "each individual who (a) worked for Express Courier International, Inc. ("Express"), as a driver, courier, or owner-operator in Arkansas any time after February 11, 2013, (b) never subcontracted with anyone, or otherwise never hired anyone, to perform any of his or her work for Express, and (c) contracted directly with Express under Express's standard "Owner-Operator Agreement". Plaintiffs, former delivery drivers (also known as "couriers" and "Owner-Operators") for Defendant Express Courier International, Inc., brought this suit individually and on behalf of all other current and certain former delivery drivers who worked for Defendant, who are similarly situated, in order to recover unpaid minimum and overtime wages, liquidated damages, prejudgment interest, costs, and attorneys' fees of the Fair Labor Standards Act of 1938 (FLSA). The Plaintiff also brought the action to recover the same relief under the Arkansas Minimum Wage Act (AMWA). A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=5IGjZ4I8 The Plaintiffs are represented by: Joshua West, Esq. Josh Sanford, Esq. SANFORD LAW FIRM, PLLC One Financial Center 650 South Shackleford, Suite 411 Little Rock, AR 72211 Telephone: (501) 221-0088 Facsimile: (888) 787-2040 E-mail: west@sanfordlawfirm.com josh@sanfordlawfirm.com The Defendant is represented by: Kerri E. Kobbeman, Esq. CONNER & WINTERS, LLP 4375 N. Vantage Dr., Ste. 405 Fayetteville, AR 72703 Telephone: (479) 582 5711 Facsimile: (479) 587 1426 E-mail: KKobbeman@cwlaw.com - and - Andrew Butcher, Esq. Adam C. Smedstad, Esq. Emily A. Quillen, Esq. SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C. 1850 M Street, N.W., Suite 280 Washington, DC 20036-5804 Telephone: 202-551-9030 Facsimile: 202-296-9433 E-mail: abutcher@scopelitis.com asmedstad@scopelitis.com equillen@scopelitis.com FELICIA NORWOOD: Class Certification Hearing Continued to July 14 ----------------------------------------------------------------- The Hon, Judge Joan B. Gottschall entered an order in the lawsuit titled Alma Koss, et al., the Plaintiff, v. Felicia F Norwood, et al., the Defendants, Case No. 1:17-cv-02762 (N.D. Ill.), continuing the hearing on Plaintiffs' motion for class certification to July 14, 2017 at 9:30 a.m., according to the docket entry made by the Clerk on May 1, 2017. A copy of the Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=LSC9hB4l FIRSTSOURCE ADVANTAGE: Faces "Rotella" Suit in E.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Firstsource Advantage, LLC The case is captioned as Louis Rotella, On Behalf of Himself and All Others Similarly Situated, the Plaintiff, v. Firstsource Advantage, LLC, the Defendant, Case No. 2:17-cv-02657 (E.D.N.Y., May 3, 2017). Firstsource Advantage provides debt collections services to the credit card issuers, financial institutions, and healthcare providers.[BN] The Plaintiff is represented by: Mitchell L. Pashkin, Esq. 775 Park Avenue, Suite 255 Huntington, NY 11743 Telephone: (632) 335 1107 E-mail: mpash@verizon.net FLURRY LIVE: Padron et al. Sue Over Spam Text Messages ------------------------------------------------------ PHILLIPE PADRON and SHANNON K. MCCARTHY, D.M.D., M.S. CLASS ACTION individually and on behalf of all others similarly situated, v. FLURRY LIVE, INC., a foreign corporation, the Defendant, Case No. 1:17-cv-21658-JEM (S.D. Fla., May 3, 2017, 2017), seeks injunctive relief to halt Defendant's illegal conduct which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals nationwide. The Plaintiffs also seek for statutory damages on behalf of themselves and members of the class, and any other available legal or equitable remedies resulting from the illegal actions of Defendant. The case is a putative class action under the Telephone Consumer Protection Act (TCPA). To promote its mobile application, Defendant engages in deceptive and intrusive telemarketing. Specifically, Defendant deceives users of its mobile application into granting it access to their contacts. Once in possession of users' contact numbers, Defendant, using an automatic telephone dialing system, and without any notice or warning to its users, transmits generic telemarketing text messages to the users' contacts from spoofed telephone numbers. Defendant transmits its telemarketing texts without first obtaining the express consent of recipients. Defendant's violations were knowing and willful. Defendant has received numerous consumer complaints regarding its spam messages, but nevertheless continued to intentionally violate the TCPA to increase its revenue. Flurry Live operates live streaming platform to interact with social media stars.[BN] The Plaintiffs are represented by: Andrew J. Shamis, Esq. SHAMIS & GENTILE, P.A. 14 NE 1st Avenue, Suite 400 Miami, FL 33132 Telephone: (305) 479 2299 Facsimile: (786) 623 0915 E-mail: efilings@sflinjuryattorneys.com - and - Manuel S. Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Boulevard, Suite 1400 Ft. Lauderdale, FL 33301 Telephone: (954) 400 4713 E-mail: mhiraldo@hiraldolaw.com FOREST LAWN: "Estrada" Suit Seeks Damages Under Labor Code ---------------------------------------------------------- CMERO ESTRADA, on behalf of himself and others similarly situated, the Plaintiff, v. FOREST LAWN MEMORIAL PARK ASSOCIATION; and DOES 1 to 100, Inclusive, the Defendant, Case No. BC659792 (Cal. Super. Ct. May 1, 2017), seeks unpaid premium Wages and interest thereon in accordance with the California Labor Code due to Defendants' policy, practice, and/or procedure of failure to authorize or permit second meal periods; failure to authorize or permit any rest periods; statutory penalties for failure to provide accurate wage statements; waiting time penalties in the form of continuation wages for failure to timely pay employees all wages due upon separation of employment; injunctive relief and other equitable relief; reasonable attorney's fees pursuant to California Labor Code, and interest brought on behalf of Plaintiff and others similarly situated. Forest Lawn is an American corporation that owns and operates a chain of cemeteries and mortuaries in Los Angeles, Orange, and Riverside counties in Southern California.[BN] The Plaintiff is represented by: Joseph Lavi, Esq. Vincent C. Cranberry, Esq. Vanessa Kamau, Esq. LAVI & EBRAHIMIAN, LLP 8889 W. Olympic Blvd., Suite 200 Beverly Hills, CA 90211 Telephone: (310) 432-0000 FRANK & ISRAEL: Class Certification Sought in Palm Beaches Suit --------------------------------------------------------------- In the lawsuit captioned COMPREHENSIVE HEALTH CARE SYSTEMS OF THE PALM BEACHES, INC., a Florida corporation, individually and as the representative of a class of similarly-situated persons, Plaintiff, v. FRANK & ISRAEL, LTD. d/b/a FIRMS, the Defendant, Case No. 9:17-cv-80555-RLR (S.D. Fla.), the Plaintiff moves for entry of an order certifying a class of: "each person or entity that was sent one or more telephone facsimile messages ("faxes") about debt collection services available from FIRMS". The case involves common fact questions about Defendants' fax campaign and common legal questions under the Telephone Consumer Protection Act. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=UjlVjUIg The Plaintiff is represented by: Phillip A. Bock, Esq. BOCK, HATCH, LEWIS & OPPENHEIM, LLC 134 N. LaSalle St., Ste. 1000 Chicago, IL 60602 P.O. Box 416474 Miami Beach, FL 33141 Telephone: (312) 658 5500 Facsimile: (312) 658 555 FRESENIUS KABI: Shannon Seeks to Enjoin Akorn Inc. Merger --------------------------------------------------------- ROBERT J. SHANNON, JR., Individually and on Behalf of All Others Similarly Situated, and Derivatively on Behalf of AKORN, INC., the Plaintiff, v. FRESENIUS KABI AG, FRESENIUS SE & CO. KGaA, QUERCUS ACQUISITION, INC., JOHN N. KAPOOR, KENNETH S. ABRAMOWITZ, ADRIENNE L. GRAVES, RONALD M. JOHNSON, STEVEN J. MEYER, TERRY A. RAPPUHN, BRIAN TAMBI and ALAN WEINSTEIN, the Defendants, Case No. 2017-CH- 06322 (Ill. Cir. Ct., May 2, 2017), seeks to enjoin consummation of a proposed acquisition unless and until the Board of Directors complies with its duties to maximize shareholder value. The case is a shareholder class action brought by Plaintiff individually and on behalf of holders of the common stock of Akorn, Inc. and derivatively on behalf of Akorn against the members of the Akorn Board of Directors, Fresenius Kabi AG, Quercus Acquisition, Inc., and Fresenius SE & Co. KGaA, arising out of the proposed acquisition of Akorn by Fresenius. In pursuing the Proposed Acquisition, each defendant has violated applicable law by directly breaching and/or aiding and abetting the other defendants' breaches of their fiduciary duties of care, loyalty, good faith, candor and independence owed to Akorn and its shareholders. Although Akorn was experiencing sustained and significant growth, was far exceeding internal growth forecasts, and was poised to continue growing well into the future, on April 24,2017, Akorn announced it had entered into a definitive merger agreement with Fresenius (Merger Agreement), pursuant to which Fresenius would acquire Akorn for roughly $4.3 billion. Under the terms of the Merger Agreement, Akorn shareholders will receive only $34 in cash for each share of Akorn common stock they hold. To put the merger price in context, Akorn shares traded higher than $34 per share as recently as July 27, 2016. In connection with the Proposed Acquisition, each Akorn Board member breached a number of his or her fiduciary duties to plaintiff and the rest of Akorn's common stockholders by among other things: (i) prioritizing significant personal benefits above ensuring that shareholders receive maximum value for their shares; (ii) adopting preclusive deal protection devices that effectively prevent any alternative bidder from surfacing; and (iii) failing to conduct an appropriate sales process that protected against conflicts. Akorn is a specialty generic pharmaceutical company engaged in the development, manufacture and marketing of multisource and branded pharmaceuticals. It has a diversified portfolio of more than 180 generic, branded, OTC and animal health products. Akorn manufactures ophthalmic, injectable and niche sterile and non- sterile pharmaceuticals. In 2016, Akorn grew its revenue by 13% to $1.1 billion and increased its net income by 22% to $184 million. The Company is headquartered in Lake Forest, Illinois, and is incorporated under the laws of the state of Louisiana.[BN] The Plaintiff is represented by: David T. Wissbroecker, Esq. Frank A. Richter, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: (619) 231 1058 Facsimile: (619) 231 7423 E-mail: dwissbroecker@rgrdlaw.com frichter@rgrdlaw.com - and - W. Scott Holleman, Esq. JOHNSON & WEAVER, LLP 99 Madison Avenue, 5th Floor New York, NY 10016 Telephone: (212) 802 1486 Facsimile: (212) 602 1592 FYRE MEDIA: Chinery et al. Sued Over Bahamas Music Festival ----------------------------------------------------------- CHELSEA CHINERY, SHANNON MCAULIFFE, and DESIREE D. FLORES, individually and on behalf of all others similarly situated, the Plaintiffs, v. FYRE MEDIA, INC., a Delaware, New York and Oregon Corporation; BILLY MCFARLAND, an individual; JEFFREY ATKINS, p/k/a/ JA RULE, an individual; MATTE PROJECTS, LLC, a New York Domestic Limited Liability Company, and DOES 1 through 100, inclusive, the Defendants, Case No. BC659938 (Cal. Super. Ct., May 2, 2017), seeks to recover damages from Defendants for the use of unlawful, unfair and fraudulent acts and practices in the provision of selling tickets and promoting a music festival to California residents pursuant to California Consumer Legal Remedies Act. The Plaintiffs allege that Defendants deliberately and fraudulently marketed and sold tickets to lavish, tropical destination music festival. The Defendants' described Fyre Festival as a "journey and destination, a place where music, culture, and food combine, igniting our curiosities and our passions over two weekends on one of the most sought after and secluded islands in the world." Instead, 15 Plaintiffs endured a horrific experience on an Island in the Bahamas not suited nor prepared for an influx of visitors or a music festival of such grand proportion. Fyre is an on demand service that makes booking the most influential celebrities, artists, athletes, models and entertainers seamless and transparent.[BN] The Plaintiffs are represented by: John A. Girardi, Esq. GIRARDI & KEESE 1126 Wilshire Boulevard Los Angeles, CA 90017 Telephone: (213) 977 0211 Facsimile: (213) 481 1554 E-mail: jgirardi@girardikeese.com GENESEE GRANDE: Faces "Kiler" Suit in Eastern Dist. of New York --------------------------------------------------------------- A class action lawsuit has been filed against Genesee Grande, LLC. The case is entitled as Marion Kiler, on behalf of herself and all others similarly situated, the Plaintiff, v. Genesee Grande, LLC, the Defendant, Case No. 1:17-cv-02611 (E.D.N.Y., May 2, 2017). Genesee Grande is a grand hotel restaurant.[BN] The Plaintiff appears pro se. GULLIVER'S TAVERN: Certification of Entertainers Class Sought ------------------------------------------------------------- In the lawsuit titled RUBY LEVI and EMILY CHICOINE on behalf of themselves and all others similarly situated, the Plaintiffs, v. GULLIVER'S TAVERN, INCORPORATED, and SOLID GOLD PROPERTIES, INC., d/b/a THE FOXY LADY, the Defendants, Case No. 1:15-cv-00216- S-PAS (D.R.I.), the Plaintiffs ask the Court to certify a class of: "all individuals who have worked as entertainers performing exotic dancing services at the Foxy Lady, located at 318 Chalkstone Avenue in Providence, Rhode Island, at any time since May 23, 2012". The Plaintiffs further ask the Court to appoint Ruby Levi and Emily Chicoine as representatives of the certified class, and the Stephen Brouillard of Bianchi & Brouillard, P.C., and Brant Casavant and Stephen Churchill of Fair Work P.C. as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=SESDDcxZ The Plaintiffs are represented by: Stephen J. Brouillard, Esq. BIANCHI & BROUILLARD, P.C. The Hanley Building 56 Pine Street, Suite 250 Providence, RI 02903 Telephone: (401) 223 2990 Facsimile: (877) 548 4539 E-mail: sbrouillard@bbrilaw.com - and - Brant Casavant, Esq. Stephen Churchill, Esq. FAIR WORK, P.C. 192 South Street, Suite 450 Boston, MA 02111 Telephone: (617) 607 3260 Facsimile. (617) 488 2261 E-mail: brant@fairworklaw.com steve@fairworklaw.com HANSON AGGREGATES: Faces "Post" Suit in Texas State Court --------------------------------------------------------- A class action lawsuit has been filed against Hanson Aggregates, LLC. The case is styled as DANIEL J. POST, AND ALL OTHER SIMILARLY SITUATED, the Plaintiff, v. HANSON AGGREGATES, LLC, DELAWARE LIMITED LIABILITY COMPANY, the Defendant, Case No. C2017-0752A (Tex. Dist. Ct., May 2, 2017). Hanson Aggregates operates as a ready-mix concrete producer and concrete pumping service provider.[BN] The Plaintiff appears pro se. HOBBY LOBBY: Faces "Chase" Suit in Southern Dist. of California --------------------------------------------------------------- A class action lawsuit has been filed against Hobby Lobby Stores, Inc. The case is titled as Christina Chase, on behalf of herself and all others similarly situated, the Plaintiff, v. Hobby Lobby Stores, Inc., an Oklahoma corporation, and Does 1 through 50, inclusive, the Defendant, Case No. 3:17-cv-00881-GPC-BLM (S.D. Cal., May 1, 2017). The case is assigned to the Hon. Judge Gonzalo P. Curiel. Hobby Lobby is a private for-profit, closely held corporation, and an American chain of retail arts and crafts stores based in Oklahoma City, Oklahoma, formerly called Hobby Lobby Creative Centers.[BN] The Plaintiff is represented by: Todd D. Carpenter, Esq. CARLSON LYNCH SWEET KILPELA & CARPENTER LLP 402 West Broadway, 29th Floor San Diego, CA 92101 Telephone: (619) 756 6994 Facsimile: (619) 756 6991 E-mail: tcarpenter@carlsonlynch.com HUMAN RESOURCE PROFILE: Lamones Seeks to Certify Class ------------------------------------------------------ In the lawsuit entitled RALPH LAMONES, JR., individually and as a representative of the classes, Plaintiff, v. HUMAN RESOURCE PROFILE, INC., the Defendant, Case No. 8:16-cv-02422-MSS-AAS (M.D. Fla.), the Plaintiff moves the Court for an order certifying a class of: "all individuals who were the subjects of background reports prepared by Defendant in the two years predating the filing of the Complaint, continuing through the date the class list is prepared, whose reports list charges that antedate the report by more than seven years with dispositions of acquitted, dismissed, dropped, amended to lesser offenses, nolle prossed, set aside, no action, no information filed, stricken off, withdrawn, or not guilty". Excluded from the class are any individuals who submit a timely and valid opt-out request. The Plaintiff also moves the Court to appoint Plaintiff as the class representative for the proposed classes, and Plaintiff's counsel (Nichols Kaster, PLLP and Morgan & Morgan Complex Litigation Group) as class counsel. The Plaintiff seeks to provide the opportunity for class-wide relief to thousands of other individuals who, like him, were victims of Defendant's systematic failure to remove stale criminal charges from its background checks, in violation of the Fair Credit Reporting Act (FCRA). The FCRA prohibits consumer reporting agencies (CRAs) from reporting adverse items of information, other than records of convictions of crimes, that antedate the report by more than seven years (commonly referred to as "obsolete information"). A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=VWy0mwl0 The Plaintiff is represented by: Eleanor E. Frisch, Esq. Matthew H. Morgan, Esq. Brock J. Specht, Esq. NICHOLS KASTER, PLLP 4600 IDS Center 80 S. 8th Street Minneapolis, MN 55402 Telephone: (612) 256 3200 Facsimile: (612) 338 4878 E-mail: efrisch@nka.com morgan@nka.com bspecht@nka.com - and - John Yanchunis, Esq. MORGAN & MORGAN 201 North Franklin Street, 7th Floor Tampa, FL 33602 Telephone: (813) 223 5505 Facsimile: (813) 223 5402 E-mail: jyanchunis@forthepeople.com HUMANA INC: Certification of Healthcare Coordinators Class Sought ----------------------------------------------------------------- In the lawsuit styled DAVID POGGI, on his own behalf and others similarly situated, the Plaintiff, v. HUMANA, INC., the Defendant, Case No. 8:17-cv-00433-SCB-MAP (M.D. Fla.), the Plaintiff asks the Court for an order conditionally certifying a class of: "current and former healthcare coordinators who work(ed) at Defendant's Florida or nationwide offices between February 2014 and the present; who worked hours for which they were not compensated, in some cases working more than 40 hours per week, without lawful and proper and complete overtime compensation." The case is a collective action to enforce the overtime and minimum wage provisions of Section 7(a) of the Fair Labor Standards Act (FLSA). Plaintiff worked for Defendant from approximately January 2012 through to the present. Plaintiff was employed as a healthcare coordinator, which is a position that involves Plaintiff and those similarly situated to use telephone and email to contact clients of Defendant. Plaintiff filed this lawsuit on behalf of himself and all others similarly-situated alleging that he and the other flat rate healthcare coordinators of Defendant's were deprived of proper overtime wages and unpaid wages by virtue of Defendant requiring Plaintiff and those similarly situated to him to work but were not paid for all of the hours worked. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=wtpTzfZw The Plaintiff is represented by: W. John Gadd, Esq. LAW OFFICE OF W. JOHN GADD, PA 2727 Ulmerton Road-Suite 250 Clearwater, FL 33762 Telephone: (727) 524 6300 E-mail: wjg@mazgadd.com - and - Kyle Lee, Esq. Lee Law PLLC P.O. Box 4476 Brandon, FL 33509-4476 Teleppone: (813) 343 2813 E-mail: Kyle@kyleleelaw.com INTEGRITY HOME: Court Conditionally Certified Care Aides Class -------------------------------------------------------------- In the lawsuit captioned DANA COOPER, on behalf of herself and all others similarly situated, the Plaintiff, v. INTEGRITY HOME CARE, INC., the Defendant, Case No. 4:16-cv-01293-DGK (W.D. Mo.), the Hon. Chief Judge Greg Kays granting in part Plaintiff's motion for conditional collective action certification, approval of notice, and expedited consideration. The Court conditionally certifies the following collective: "[a]ll current or former Personal Care Aides and Advanced Personal Care Aides who were employed directly by Defendant and provided companionship services to elderly persons and others, and who were not paid overtime for all hours worked in excess of 40 hours per week, at any time from January 1, 2015 to November 12, 2015. Excluded are any persons who worked as a CDS Attendant". The Plaintiff shall submit a revised notice, email, and follow-up correspondence within 14 days. Integrity shall provide the full name, address, e-mail address, dates of employment, and employee number or unique identifier for each potential collective member to Plaintiff within 14 days of this order. The action arises from Plaintiff Dana Cooper's allegations that Defendant, which provides home healthcare, unlawfully withheld overtime wages from hourly, non-exempt home healthcare workers in violation of the Fair Labor Standards Act (FLSA) and the Missouri Minimum Wage Law (MMWL). A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=jHxyf3aS JEFFERSON CLINTON: Faces "Kiler" Suit in E.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Jefferson Clinton Commons, LLC. The case is titled as Marion Kiler, on behalf of herself and all others similarly situated, the Plaintiff, v. Jefferson Clinton Commons, LLC, the Defendant, Case No. 1:17-cv- 02612 (E.D.N.Y., May 2, 2017). Jefferson Clinton is doing business in the construction industry.[BN] The Plaintiff is represented by: C.K. Lee, Esq. LEE LITIGATION GROUP, PLLC 30 ast 39th Street, 2nd floor New York, NY 10016 Telephone: (212) 465 1188 Facsimile: (212) 465 1181 E-mail: cklee@leelitigation.com KISS MY FACE: Faces "Dai" Suit in New York Supreme Court -------------------------------------------------------- A class action lawsuit has been filed against Kiss My Face Corporation. The case is captioned as Steffania Dai Done Maniaci, Individually and on Behalf All Others Similarly Situated, the Plaintiff, v. Kiss My Face Corporation, Kiss My Face, LLC, and Bycmac Corp, the Defendants, Case No. 603855/2017 (N.Y. Sup. Ct., May 3, 2017). Kiss My Face develops natural and organic body care products. It offers deodorants, foot scrubs and creams, hand creams, and moisture shaves.[BN] The Plaintiff is represented by: Michael J. Gabrielli, Esq. GABRIELLI LEVITT LLP 2426 Eastchester Road, Suite 103 Bronx, N.Y.10469 Telephone: Phone: (718) 708 5322 LANNETT COMPANY: Pension Funds' Suit Moved to E.D. Pa. ------------------------------------------------------ The class action lawsuit titled NEW YORK CITY, LOCAL 246, S.E.I.U., WELFARE BENEFITS FUND; NEW YORK CITY, LOCAL 246, S.E.I.U., RETIREES WELFARE BENEFITS FUND; TEAMSTERS LOCAL 237 WELFARE FUND; TEAMSTERS LOCAL 237 RETIREES BENEFIT FUND; TEAMSTERS LOCAL 237 BRENTWOOD SCHOOL DISTRICT HEALTH AND WELFARE TRUST FUND; TEAMSTERS LOCAL 237 NORTH BABYLON SCHOOL DISTRICT HEALTH AND WELFARE TRUST FUND; TEAMSTERS LOCAL 237 SUFFOLK REGIONAL OFF-TRACK BETTING CORP. HEALTH AND WELFARE TRUST FUND; TEAMSTERS PLAINVIEW OLD BETHPAGE CENTRAL SCHOOL DISTRICT HEALTH AND WELFARE TRUST FUND; UNIFORMED SANITATIONMENS ASSOCIATION SECURITY BENEFIT FUND; and UNIFORMED SANITATIONMENS ASSOCIATION RTIREES WELFARE FUND, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, the Plaintiffs, v. LANNETT COMPANY, INC., MYLAN PHARMACEUTICALS, INC., and SANDOZ, INC., Case No. 17-02467, was transferred on May 1, 2017 from the U.S. District Court for the Southern District of New York (Foley Square), to the U.S. District Court for Eastern District of Pennsylvania (Philadelphia). The District Court Clerk assigned Case No. 2:17-cv-01987-CMR to the proceeding. The case is assigned to the Hon. Judge Cynthia M. Rufe. Lannett Company develops, manufactures, markets and distributes generic versions of brand pharmaceutical products.[BN] The Plaintiffs are represented by: Brendan Patrick Glackin, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN LLP 275 Battery St 29th Fl San Francisco, CA 94111 Telephone: (415) 956 1000 E-mail: bglackin@lchb.com LEGO SYSTEMS: Faces "Gomez" Suit in Southern District of Florida ---------------------------------------------------------------- A class action lawsuit has been filed against LEGO SYSTEMS, INC. The case is entitled as Andres Gomez, on his own and on half of all other individuals similarly situated, the Plaintiff, v. LEGO SYSTEMS, INC. and LEGO BRAND RETAIL, INC., the Defendants, Case No. 1:17-cv-21628-CMA (S.D. Fla., May 1, 2017). The case is assigned to the Hon. Judge Cecilia M. Altonaga. LEGO Systems designs and manufactures toys and play materials for kids. The company offers games, puzzles, toy trains, robots, dolls, stuff toys, and racers. It markets its products under LEGO Duplo and LEGO brand names.[BN] The Plaintiff is represented by: Jaci R. Mattocks, Esq. Jessica Lynn Kerr, Esq. THE ADVOCACY GROUP 333 Las Olas Way CU3, Suite 311 Fort Lauderdale, FL 33301 Telephone: (954) 282 1858 E-mail: jaci@advocacypa.com service@advocacypa.com LIBERTY INSURANCE: Bid for Class Certification Partly Granted ------------------------------------------------------------- In the lawsuit styled DAVID BOND and REBECCA BOND, individually and on behalf of others similarly situated, the Plaintiffs, v. LIBERTY INSURANCE CORPORTATION, the Defendant, Case No. No. 2:15- cv-04236-NK (W.D. Mo.), the Hon District Judge Nanette K. Laughrey entered an order grating Plaintiffs' motion for class certification of: Injunctive Relief Subclass: "all persons with a dwelling or other structure located in the state of Missouri insured by Liberty Insurance Corporation under policy Form HO 03 (Edition 04 09) and endorsements at the time of class certification"; and Declaratory Relief Subclass: "all persons insured by Liberty Insurance Corporation who incurred physical loss or damage to their dwelling or other structures located in the state of Missouri from April 20, 2009 to the date of class certification arising under policy Form HO 03 (Edition 04 09) and endorsements". The Court rejects Liberty's additional arguments that the Bonds' (b)(2) class would impermissibly lead to "individualized" damages amounts, resulting in due process or claim preclusion problems. Again, these arguments are premised on the Wal-Mart Court's holding that Rule 23(b)(2) "does not authorize class certification when each class member would be entitled to an individualized award of monetary damages." 564 U.S. at 361. Liberty's arguments fail, however, because unlike the putative (b)(2) class in Wal- Mart, the Bonds' putative (b)(2) class does not seek any monetary relief. Wal-Mart does not stand for the proposition that (b)(2) classes violate due process, nor that bifurcated proceedings are not permitted; instead, Wal-Mart holds that a (b)(2) class cannot seek individualized monetary damages. As already discussed, the Court bifurcated the Bonds' case into a (b)(2) liability phase and (b)(3) damages phase, permissibly "insulating" the monetary damages from the (b)(2) class. See Ebert v. General Mills, Inc., 823 F.3d 472, 480 (8th Cir. 2016); Newberg on Class Actions section 4:38 ("Certification of a hybrid action insulates the (b)(2) class piece from the money damage portion of the case, hence complying with Wal-Mart's admonition against adjudicating individual damage claims in a (b)(2) class action"). As a result, this hybrid certification approach complies with Wal-Mart's prohibition of (b)(2) classes in which individualized monetary damages will be awarded. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=r8p7GgyM LLR INC: "Goodwin" Suit Moved to N.D. Ohio ------------------------------------------ The class action lawsuit titled Caitlin Goodwin, individually and on behalf of all others similarly situated, the Plaintiff, v. LLR, Inc., doing business as LuLaRoe, the Defendant, Case No. CV17877960, was removed on May 2, 2017 from the Cuyahoga Court of Common Pleas, to the U.S. District Court for the Northern District of Ohio (Cleveland). The District Court Clerk assigned Case No. 1:17-cv-00931-PAG to the proceeding. The case is assigned to the Hon. Judge Patricia A. Gaughan. LuLaRoe sells women's dresses, maxi skirts, pencil skirts, a-line skirts, sheath dresses, and they are all simply comfortable.[BN] The Plaintiff is represented by: Frank A. Bartela, Esq. Nicole T. Fiorelli, Esq. Patrick J. Perotti, Esq. DWORKEN & BERNSTEIN-PAINESVILLE 60 South Park Place Painesville, OH 44077 Telephone: (440) 352 3391 E-mail: fbartela@dworkenlaw.com nfiorelli@dworkenlaw.com pperotti@dworkenlaw.com - and - Nolan T. James, Jr., Esq. NOLAN JAMES LEGAL GROUP LTD Strongsville, OH 44136 16651Selby Cir The Defendant is represented by: Anastasia J. Wade, Esq. Michael P. O'Donnell, Esq. Joseph T. Dattilo, Esq. BROUSE MCDOWELL - CLEVELAND 600 Superior Avenue, E, Ste. 1600 Cleveland, OH 44114 Telephone: (216) 830 6830 Facsimile: (216) 830 6807 E-mail: awade@brouse.com modonnell@brouse.com jdattilo@brouse.com MEC CONSTRUCTION: "Pritt" Suit Seeks Unpaid Wages Under FLSA ------------------------------------------------------------ JONATHAN PRITT and RICHARD D. SPENCER, individually and on behalf of others similarly situated, the Plaintiff, v. MEC CONSTRUCTION LLC, the Defendant, Case No. 2:17-cv-00575-AJS (W.D. Pa., May 3, 2017, 2017), seeks to recover unpaid wages and overtime wages under the Fair Labor Standards Act of 1938 (FLSA). The Defendant allegedly failed to include the "per diem" and "safety bonuses" in the calculation of the "regular rates" and "overtime rates" of Plaintiff Pritt, Plaintiff Spencer, and all similarly situated employees. Because Defendant failed to include the "per diem" and "safety bonuses" in the calculation of the "regular rates" and "overtime rates", Defendant MEC failed to pay Plaintiff Pritt, Plaintiff Spencer, and all similarly situated employees all wages and overtime wages due and owing to Plaintiff Pritt, Plaintiff Spencer, and the similarly situated employees in violation of the FLSA. MEC Construction provides construction services. The Company offers natural gas plant and industrial construction, along with maintenance solutions for the oil, gas, power, ethanol and mining industries.[BN] The Plaintiff is represented by: Mark Goldner, Esq. Maria W. Hughes, Esq. HUGHES & GOLDNER, PLLC 10 Hale Street, Fifth Floor Charleston, WV 25301 Telephone: (304) 400 4816 Facsimile: (304) 205 7729 E-mail: mark@wvemploymentrights.com maria@wvemploymentrights.com MIDWAY IMPORTING: "Rivera" Suit Moved to S.D. New York ------------------------------------------------------ The class action lawsuit titled Nicky Rivera, individually and on behalf of himself and all others similarly situated, the Plaintiff, Midway Importing, Inc., the Defendant, Case No. 17- 50746, was removed from the Supreme Court of New York, to the U.S. District Court for the Southern District of New York (Foley Square). The District Court Clerk assigned Case No. 1:17-cv-03290 to the proceeding. Midway Importing offers a comprehensive marketing and distribution program supporting Hispanic Health & Beauty Care brands.[BN] The Plaintiff appears pro se. MLTD INC: Faces "Caballero" Wage and Hour Class Suit ---------------------------------------------------- Joseph Jun Caballero, Individually and on behalf of all others similarly-situated, the Plaintiff, v. MLTD, Inc., a California Corporation; Ori Kainen, an Individual; and Does 1 through 25, Inclusive, the Defendants, Case No. BC659936 (Cal. Super. Ct., May 2, 2017), arises out of Defendants' failure to follow numerous provisions of the state Labor Code and the applicable Wage Order as it relates to Class Members. From August 30, 2014 until December 18, 2016, Defendants employed Plaintiff as an hourly, non-exempt Warehouse Associate. The Defendants failed to pay Class Members all of their earned wages, in violation of Labor Code and Wage Order. Defendants' time records reflect more hours worked than the wage statements and wages provided to Class Members for the exact same pay periods. In other words, a time record might reflect 85 hours worked while the wage statement for the same pay period would show wages paid for only 80 hours worked. Very often, Class Members that were not provided the opportunity to take a full thirty minute meal period, only to have their hours reduced to reflect a thirty minute meal period that was never taken. Similarly, Class Members were required to clock out for rest room breaks. Class Members also were not compensated for half of their usual or scheduled shifts for days where they showed up to work but were asked to go home before working half of their shift, in violation of Wage Order Defendants employed Class Members for more than eight hours per day and more than forty hours per workweek and failed to pay Class Members overtime compensation for the overtime hours Class Members worked, in violation of Labor Code and Wage. Class Members were paid straight hourly rates for the overtime hours they worked, instead of being paid 1.5 times their hourly rate for those hours. Class Members worked overtime hours off-the-clock and were not compensated at all for these hours worked. Defendants failed to pay Class Members state minimum wage, including overtime compensation at the minimum wage rate, in violation of Labor Code and Wage Order. The Defendant sells clothing and accessories online at www.mltd.com. It employs workers that fulfill orders, restock shelves and manage inventory for the company at a warehouse in Chatsworth, California.[BN] The Plaintiff is represented by: Jonathan M. Lebe, Esq. LEBE LAW, APLC 5723 Melrose Avenue Los Angeles, CA 90038 Telephone: (310) 921 7056 Facsimile: (310) 820 1258 E-mail: jon@lebelaw.com - and - Rodney Mesriani, Esq. Mesriani Law Group, APLC 5723 Melrose Avenue Los Angeles, CA 90038 Telephone: (310) 826 6300 Facsimile: (310) 820 1258 E-mail: rodney@mesriani.com MONDELEZ GLOBAL: Faces "McCue" Suit in N.Y. State Court ------------------------------------------------------- A class action lawsuit has been filed against Mondelez Global LLC. The case is styled as MASONE, CHRISTINE M. MCCUE, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, the Plaintiff, v. MONDELEZ GLOBAL LLC, the Defendant, Case No. 601236/2017 (N.Y. Sup. Ct., May 1, 2017). Mondelez International is an American multinational confectionery, food, and beverage company based in Illinois.[BN] The Plaintiff is represented by: LOUIS GINSBERG, P.C. 1613 Northern Blvd. Roslyn, NY 11576 Telephone: (516) 625 0105 The Defendant is represented by: LITTLER MENDELSON, P.C. 290 Broad Hollow Road, Ste 305 Melville, NY 11747 Telephone: (631) 293 4525 MONDELEZ INTERNATIONAL: "Winn" Suit Moved to N.D. California ------------------------------------------------------------ A lawsuit titled as VALORIE WINN, on behalf of herself and all others similarly situated, the Plaintiff, v. MONDELEZ INTERNATIONAL, INC. and PAK 'N SAVE, INC., the Defendants (Case No. RG17854671, filed by March 28, 2017) was removed on May 3, 2017, from the Superior Court of the State of California for the County of Alameda, to the United States District Court for the Northern District of California. The Northern District Court Clerk assigned Case No. 4:17-cv-02524-DMR to the proceedings. The Plaintiff alleges the phrases "Made with Real Ginger & Molasses" and "Sensible Solution" on the packaging of MDLZ's Ginger Snaps cookie products falsely represents that the cookies are healthy, when the products actually contain purportedly unhealthy ingredients such as high fructose corn syrup and partially hydrogenated oil. Mondelez International is an American multinational confectionery, food, and beverage company based in Illinois which employs about 107,000 people around the world.[BN] The Defendant is represented by: Kenneth K. Lee, Esq. Christina A. Aryafar, Esq. Dean N. Panos, Esq. JENNER & BLOCK LLP 633 West 5th Street, Suite 3600 Los Angeles, CA 90071 Telephone: (213) 239 5100 Facsimile: (213) 239 5199 E-mail: klee@jenner.com caryafar@jenner.com dpanos@jenner.com MONINI NORTH AMERICA: Faces "Jessani" Suit in S.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Monini North America, Inc. The case is captioned as Vinay Jessani and Wendy Burnett, individually and on behalf of all others similarly situated, the Plaintiffs, v. Monini North America, Inc., the Defendant, Case No. 1:17-cv-03257 (S.D.N.Y., May 2, 2017). Monini North produces and distributes olive oil. It also offers vinegars. The company was founded in 2000 and is based in Shelton, Connecticut.[BN] The Plaintiffs appear pro se. MONSANTO COMPANY: Sued in E.D.N.C. Over Sale of Herbicide Roundup ----------------------------------------------------------------- Johnny Hick Strickland, the Plaintiff, v. Monsanto Company, the Defendant, Case No. 7:17-cv-00088-D (E.D.N.C., May 2, 2017), seeks to recover damages suffered by Plaintiff as a direct and proximate result of Defendant's negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, advertising, distribution, labeling, and/or sale of the herbicide Roundup (TM), containing the active ingredient glyphosate. The Plaintiff maintains that Roundup (TM) and/or glyphosate is defective, dangerous to human health, unfit and unsuitable to be marketed and sold in commerce, and lacked proper warnings and directions as to the dangers associated with its use. The Plaintiff's injuries, like those striking thousands of similarly situated victims across the country, were avoidable.[BN] The Plaintiff is represented by: James L. Ward, Jr., Esq. MCGOWAN HOOD & FELDER, LLC 321 Wingo Way, Suite 103 Mt. Pleasant, SC 29464 Telephone: (843) 388 7202 Facsimile: (843) 388 3194 E-mail: jward@mcgowanhood.com MOSS MANAGEMENT: Faces "Townsend" Wage-and-Hour Suit ---------------------------------------------------- ROCHELLE TOWNSEND, individually as an aggrieved employee and on behalf of others similarly situated, the Plaintiff, v. MOSS MANAGEMENT SERVICES, INC.; and DOES 1 through 5, inclusive, the Defendant, Case No. BC660016 (Cal. Super. Ct., May 2, 2017), seeks to recover damages, unpaid wages and associated penalties under the state Labor Code. The Plaintiff was hired by Moss in January 2010 as a property manager and her employment ended on or about June 9,2016. The Plaintiff and the class members were classified as a non-exempt employee and paid an hourly rate of pay. The Plaintiff and the class members were required to work in excess of eight hours in a day and/or forty hours in a week, but Moss did not pay them for all hours worked or overtime premium wages. Moss had a practice of instructing employees, including Plaintiff and the class members, not to record any hours on their time sheets in excess of seven hours per day regardless of the amount of hours actually worked in a given day. In addition, Moss had a practice of collecting the employees' time sheets on Thursdays with the time already recorded for future work. For example, Plaintiff and the class members would turn in her time sheets on Thursday morning and/or afternoon with the time already recorded for Thursday and Friday. Moss is a residential and commercial property management company. [BN] The Plaintiffs are represented by: Sergio Bent, Esq. Jesse M. Caryl, Esq. Jennifer L. Lallite, Esq. BENT CARYL & KROLL, LLP 6300 Wilshire Boulevard, Suite 1415 Los Angeles, CA 90048 Telephone: (323) 315 0510 Facsimile: (323) 774 6021 E-mail: sbent@bcklegal.com jcary@bcklegal.com llallite@bcklegal.com MRS BPO: Faces "Dipisa" Suit in Eastern District of New York ------------------------------------------------------------ A class action lawsuit has been filed against MRS BPO, LLC. The case is titled as Peter Dipisa, individually and on behalf of all others similarly situated, the Plaintiff, v. MRS BPO, LLC, the Defendant, Case No. 2:17-cv-02586 (E.D.N.Y., May 1, 2017). MRS BPO offers financial services, healthcare, cable, utilities, and telecommunication debt recovery.[BN] The Plaintiff appears pro se. MRS BPO: Faces "Dykes" Suit in Eastern District of New York ----------------------------------------------------------- A class action lawsuit has been filed against MRS BPO, LLC. The case is captioned as Wayne Dykes, individually and on behalf of all others similarly situated, the Plaintiff, v. MRS BPO, LLC, the Defendant, Case No. 2:17-cv-02587 (E.D.N.Y., May 1, 2017). MRS BPO offers financial services, healthcare, cable, utilities, and telecommunication debt recovery.[BN] The Plaintiff appears pro se. MRS BPO: Faces "Messina" Suit in Eastern District of New York ------------------------------------------------------------- A class action lawsuit has been filed against MRS BPO, LLC. The case is captioned as Lisa Messina, individually and on behalf of all others similarly situated, the Plaintiff, v. MRS BPO, LLC, the Defendant, Case No. 2:17-cv-02585 (E.D.N.Y., May 1, 2017). MRS BPO offers financial services, healthcare, cable, utilities, and telecommunication debt recovery.[BN] The Plaintiff is represented by: Craig B. Sanders, Esq. SANDERS LAW, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Telephone: (516) 203 7600 Facsimile: (516) 281 7601 E-mail: csanders@sanderslawpllc.com NEW YORK: Accused of Overstating Taxi Medallions' Value ------------------------------------------------------- DALER SINGH, DBA GILZIAN ENTERPRISE LLC, individually and on behalf of all others similarly situated, the Plaintiff, v. THE CITY OF NEW YORK and THE NEW YORK CITY TAXI AND LIMOUSINE COMMISSION, the Defendants, Case No. 701402/2017 (N.Y. Sup. Ct., May 2, 2017), seeks to recover tens of millions of dollars in damages as a result of Defendants' breach of contract, fraudulent inducement, negligent misrepresentation, and violation of the General Business Law, as well as violations of the NYC Code, state law and TLC rules. In early 2014, the Plaintiff purchased a New York City taxi medallion directly from the City of New York in an auction organized and promoted by the New York City Taxi and Limousine Commission (TLC). Before the auction, the TLC intentionally overstated the value of taxi medallions and hid the fact that the value of those medallions had already begun to decline due to factors known to the TLC but not disclosed to Plaintiff or the rest of the New York City taxi industry. After the auction, the TLC, through its actions and its inaction, significantly undermined the value of the medallions it had just sold to Plaintiff and all other purchasers of medallions at the auction, causing them substantial economic harm. New York City comprises 5 boroughs sitting where the Hudson River meets the Atlantic Ocean. At its core is Manhattan, a densely populated borough that's among the world's major commercial, financial and cultural centers.[BN] The Plaintiff is represented by: Benjamin Y. Kaufman, Esq. Gregory M. Nespole, Esq. Correy A. Kamin, Esq. WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 270 Madison Avenue New York, NY 10016 Telephone: (212) 545 4600 Facsimile: (212) 686 0114 E-mail: kaufman@whafh.com GMN@whath.com kamin@whafh.com - and - Daniel L. Ackman, Esq. 222 Broadway, 19th Floor LAW OFFICE OF DANIEL L. ACKMAN New York, NY 10038 Telephone: (917) 282 8178 E-mail: d.ackman@comcast.net The Defendant is represented by: NYC LAW DEPARTMENT Telephone: (212) 788 0303 NORTHLAND GROUP: Faces "Bakon" Suit in E.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Northland Group Inc. The case is captioned as Michael Bakon, on behalf of himself and all other similarly situated consumers, the Plaintiff, v. Northland Group Inc., the Defendant, Case No. 1:17-cv-02645 (E.D.N.Y., May 2, 2017). Founded in 1982, Northland Group provides business process outsourcing services focused on accounts receivable management and collection services.[BN] The Plaintiff is represented by: Maxim Maximov, Esq. MAXIM MAXIMOV, LLP 1701 Avenue P Brooklyn, NY 11229 Telephone: (718) 395 3459 Facsimile: (718) 408 9570 E-mail: m@maximovlaw.com NORTHLAND GROUP: Faces "Schaechter" Suit in E.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Northland Group Inc. The case is styled as Shaindy Schaechter, on behalf of herself and all other similarly situated consumers, the Plaintiff, v. Northland Group Inc., the Defendant, Case No. 1:17-cv-02646 (E.D.N.Y., May 2, 2017). Founded in 1982, Northland Group provides business process outsourcing services focused on accounts receivable management and collection services.[BN] The Plaintiff appears pro se. NORTHSTAR LOCATIONS: Faces "Lasri" Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Northstar Locations Services, LLC. The case is captioned as Tali Lasri, on behalf of herself and all others similarly situated, the Plaintiff, v. Northstar Locations Services, LLC, the Defendant, Case No. 1:17- cv-02610 (E.D.N.Y., May 2, 2017). Northstar Location, doing business as The Northstar Companies, provides receivables debt collection services to customers in the United States.[BN] The Plaintiff appears pro se. PACIFIC COAST: Faces "Serrano" Wage & Hour Suit ----------------------------------------------- MARIA SERRANO, individually and on behalf of all others similarly situated, the Plaintiff, v. PACIFIC COAST FEATHER CUSHION CO., a corporation; PACIFIC COAST FEATHER COMPANY, a corporation; and DOES 1-20, inclusive, the Defendant, Case No. BC659563 (Cal. Super. Ct., May 2, 2017), seeks to recover monetary relief against Defendants on behalf of herself and all others similarly to recover, among other things, unpaid meal period compensation, unpaid rest period compensation, interest, attorney's fees, costs and expenses and penalties pursuant to the state Labor Code. The Plaintiff is alleging that Defendants have engaged in a pattern of wage and hour violations under the California Labor Code and Industrial Welfare Commission Wage Orders, all of which contribute to Defendants' deliberate unfair competition. Pacific Coast manufactures down feather items in facilities in California.[BN] The Plaintiff is represented by: Kashif Haque, Esq. Samuel A. Wong, Esq. Jessica L. Campbell, Esq. Alis. Carlsen, Esq. AEGIS LAW FIRM, PC 9811 Irvine Center Drive, Suite 100 Irvine, CA 92618-2902 Telephone: (949) 379 6250 Facsimile: (949) 379 6251 PHELAN & HALLINAN: Certification of Unknown Tenant Class Sought --------------------------------------------------------------- In the lawsuit captioned KELLY BORG, the Plaintiff, v. PHELAN, HALLINAN, DIAMOND & JONES, PLLC, the Defendant, Case No. 8:16-cv- 02070-VMC-TGW (M.D. Fla.), the Plaintiff moves the Court to certify a Florida "Unknown Tenant" Charge Class: "all persons in Florida during the 12 months preceding the filing of this lawsuit in which Defendant filed a foreclosure action seeking to collect on charges against borrowers for serving process against "unknown tenants". The Plaintiff has opted to voluntarily forego the remaining classes she sought to have certified, instead focusing exclusively on the above named Florida "Unknown Tenant" Charge Class. The Plaintiff is suing Defendant for FDCPA violations because Defendant pads its foreclosure lawsuits with illegal fees by serving "Unknown Tenants" and then, with the assistance of the loan servicer, charges the borrower for these fictitious services. Each service on these "Unknown Tenants" is $45.00. During the corporate representative deposition, Defendant admitted that it filed over 2,000 foreclosure lawsuits in Florida alone and in every single case filed it assessed these dubious and unwarranted charges. More precisely, according to its interrogatory responses. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=bdp5i2Jt The Plaintiffs are represented by: Brandon J. Hill, Esq. Luis A. Cabassa, Esq. WENZEL FENTON CABASSA, P.A. 1110 North Florida Ave., Suite 300 Tampa, FL 33602 Telephone: (813) 224 0431 Facsimile: (813) 229 8712 E-mail: lcabassa@wfclaw.com bhill@wfclaw.com twells@wfclaw.com mk@wfclaw.com The Defendant is represented by: Wendy J. Stein, Esq. BONNER KIERNAN TREBACH & CROTIATA, LLP 1233 20th Street, N.W., 8th Floor Washington, DC 20036 PIER ENTERPRISES: Class Certification Sought in "Reyes" Suit ------------------------------------------------------------ In the lawsuit titled MIKE REYES, GORDON JACKSON, FELIPE DEL MURO, and SERGIO LUNA, individually and on behalf of all employees similarly situated, the Plaintiffs, v. PIER ENTERPRISES GROUP, INC. DBA DC LOGISTICS and DBA DC FREIGHT, a California corporation; TRINET HR CORPORATION, a California corporation; STRATEGIC OUTSOURCING, INC., a California corporation; AMLEASE CORPORATION, a corporation; ROUTE 66 HR OUTSOURCING, INC., a California corporation; BARRETT BUSINESS SERVICES, INC., a corporation; and DOES 1 through 100, inclusive, the Defendants, Case No. 5:15-cv-02108-JGB-DTB (C.D. Cal.), the Plaintiffs will move the Court on August 7, 2017, at 9:00 a.m. for class certification. The Plaintiffs further ask the Court for an order to: 1. create necessary subclasses; 2. appoint Plaintiffs Mike Reyes, Gordon Jackson, Felipe Del Muro, and Sergio Luna as representatives of the class so certified; 3. appoint the law firm of Davis, Gavsie & Hakim, LLP as class counsel; and 4. make such other orders as are necessary to effectuate the relief sought. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=hSxnHvoF The Plaintiffs are represented by: Roxanne A. Davis, Esq. Frank Hakim, Esq. DAVIS, GAVSIE & HAKIM, LLP 233 Wilshire Boulevard, Suite 400 Santa Monica, CA 90401 Telephone: (310) 899 2059 Facsimile: (310) 789 2249 E-mail: Roxanne@DGHLawyers.com Frank@DGHLawyers.com PIOLA PROPERTY: Faces "Jorge" Suit Over Breach of Contract ---------------------------------------------------------- LAWRENCE JORGE, the Plaintiff, v. PIOLA PROPERTY MANAGEMENT LLC, and CHRISTIAN MANTUANO, the Defendant, Case No. 603127/2017 (N.Y. Sup. Ct. May 2, 2017), seeks to recover damages caused in the breach of contract and diversion of trust assets by Mantuano. The action deals with trust assets pertaining to improvement of real property located at 1 Henry Street, Bethpage, New York, and this action is properly venued in Nassau County. The Plaintiff on his own behalf and on behalf of all others in the class of Lien Law Trust Beneficiaries of a Trust to share in the funds, alleges that Mantuano has knowingly diverted trust funds for the subject job for purposes other than permissible applications to the subject work. On April 23, 2015, the Plaintiff entered into a contract with Piola for the construction of a one family home upon the Premises. The total price provided for in the contract was $400,000.00. The contract, by its terms, provided that after the downpayment, that installment payments would be coordinated with bank inspections. As the work progressed, the Plaintiff made some of the payments to Piola with his own funds. As the work progressed. Plaintiff drew against a fine of credit taken out Citizens Financial Group, which was secured by a mortgage upon the Premises. These funds were paid by the Plaintiff to Piola. While Plaintiff had made certain changes as the work progressed, the amount billed by Piola far exceeded the reasonable cost of any such changes. Plaintiff had also furnished and installed some of the work at his own expense, and Piola consistently refused to give him full and fair credit for the materials he had furnished and the work which was done at Plaintiff s sole cost and expense. After the commencement of the within action, die Contractor filed a verified mechanic's lien upon the subject premises alleging that the agreed price and the value of labor performed and the value of materials furnished was $443,069. The Plaintiff disputes that any money is owed to the Contractor, specifically disputes the $43,069 in extras which the Contractor claims to be due, and alleges that he is entitled to judgment against the Contractor for a sum in excess of the monetary jurisdictional limits of all other courts which would otherwise have subject matter jurisdiction. Since the mechanic's lien alleges that the unpaid amount for labor performed and material furnished was $134,869, the Contractor implicitly acknowledges payment of $308,200. The Bank made periodic inspections of the work being done upon the Premises, and generated reports reflecting the percentage of substantial completion of the work which had been reached. As the work on the Premises progressed, Piola continued to insist on payments which far exceeded the percentage of completion reflected by the inspections done by the Bank.[BN] The Plaintiff is represented by: Lawrence Jorge, Esq. LAW OFFICES OF WILLIAM CAFARO 108 West 39th Street, Suite 602 New York, NY 10018 The Defendants are represented by: ABRAMS, FENSTERMAN, FENSTERMAN 3 Dakota Drive Ste 300 Lake Success, NY 11042 Telephone: (516) 328 2300 Q.E.D. ENVIRONMENTAL: FLSA Class Certification Partly Granted ------------------------------------------------------------- In the lawsuit entitled TERRILL JOHNSON, the Plaintiff, v. Q.E.D. ENVIRONMENTAL SYSTEMS INC., the Defendant, Case No. 3:16-cv-01454- WHO (N.D. Cal.), the Hon. District Judge William H. Orrick entered an order: 1. granting QED's motion to deny class certification; 2. granting in part Plaintiffs' motion for conditional certification pursuant to Fair Labor Standards Act with regard to production line workers in San Leandro from the period of March 31, 2014 - August 22, 2014, and denying with regard to all other employees and time periods; and 3. denying QED's motion for sanctions. A case management conference is set for May 23, 2017 at 2:00 p.m. The parties shall file a joint case management statement by May 16, that proposes a schedule for this case through trial. Judge Orrick said, "QED has identified many weaknesses in plaintiffs' case and the way it has been litigated. But the evidence shows that plaintiffs' counsel communicated with Johnson and obtained and reviewed all of the documents he had that dealt with his employment at QED, with the exception of a notebook that Johnson had left at his mother's house and which was accidentally destroyed Based on Johnson's statements that QED had an auto- deduct policy, that it had 22 employees at the San Leandro facility and had other facilities, and that his supervisor encouraged him and his coworkers to miss meal breaks, it was not unreasonable for plaintiffs' counsel to believe they could succeed on their class action and FLSA claims. Further, without having the California Addendum, it was reasonable for plaintiffs' counsel to believe and assert that QED had a facially non-compliant meal break policy. "An attorney may not be sanctioned for a complaint that is not well-founded, so long as she conducted a reasonable inquiry." In re Keegan Mgm't Co., Securities Litig., 78 F.3d 431, 434 (9th Cir. 1996. I might feel differently about awarding sanctions if QED had clean hands. But it stonewalled the 30(b)(6) deposition that would verify the lack of numerosity until I ordered it to produce a person most knowledgeable. When a defendant has the information to defeat class certification and refuses to provide it absent court order, it does not deserve to benefit from its adversaries' failures. Rule 11 sanctions are not appropriate here". A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=O4b2o2oh RALPHS GROCERY: Levin Sues over Inflated Price of Plastic Bags -------------------------------------------------------------- BENZION LEVIN, an individual, on his own behalf and on behalf of all others similarly situated, the Plaintiff, v. RALPHS GROCERY COMPANY, INC. an Ohio Corporation, and DOES 1-100, inclusive, the Defendant, Case No. BC659778 (Cal. Super. Ct., May 1, 2017), contends that Ralphs, a supermarket chain with over 300 stores in the state of California, has used California's ban on single-use plastic bags to unfairly profit off of consumers. Ralphs surreptitiously charges an inflated price for plastic bags. Signs displayed near the point-of-sale in Ralphs stores advertise the price of reusable plastic bags as 10 cents per bag, when in fact, Ralphs charges 15 cents for these bags. As a result, Plaintiffs and members of the class who purchased plastic bags have been overcharged. Defendants' conduct constitutes false advertising and violates the California Unfair Competition Law, the California Consumer Legal Remedies Act, the California False Advertising Law. Plaintiff brings this action on behalf of himself and a class of purchasers to stop Defendants' from misrepresenting the price of plastic bags and to refund the monies overcharged.[BN] The Plaintiff is represented by: David C. Parisi, Esq. Suzanne Havens Beckman, Esq. PARISI & HAVENS LLP 212 Marine Street, Suite 100 Santa Monica, CA 90405 Telephone: (818) 990 1299 Facsimile: (818) 501 7852 E-mail: dcparisi@parisihavens.com shavens@parisihavens.com - and - Yitzchak H. Lieberman, Esq. Grace E. Parasmo, Esq. PARASMO LIEBERMAN LAW 7400 Hollywood Blvd, No. 505 Los Angeles, CA 90046 Telephone: (917) 657 6857 Facsimile: (877) 501 3346 E-mail: ylieberman@parasmoliebermanlaw.com gparasmo@parasmoliebermanlaw.com RELIANCE TRUST: Class Certification Bid in "Feinerman" Denied ------------------------------------------------------------- The Hon. Judge Gary Feinerman entered an order in the lawsuit styled Altavia Matthews, the Plaintiff, v. Reliance Trust Company, the Defendant, Case No. 1:16-cv-04773 (N.D. Ill.), denying Plaintiff Matthews's class certification motion. According to the docket entry made by the Clerk on May 3, 2017, status hearing is held and continued to May 31, 2017 at 9:00 a.m. Plaintiff shall file a motion to amend/substitute by May 4. Defendant's response is due by May 18 and reply due is by May 25. Defendant's motion for leave to file documents under seal is granted. Defendant may file under seal the designated materials, so long as it publicly files redacted versions of those materials. Defendant's summary judgment motion is entered and continued. The May 8 motion hearing is stricken. A copy of the Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=SjVKyJqt RESURGENT CAPITAL: Faces "Kalmenson" Suit in E.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Resurgent Capital Services L.P. The case is entitled as Josef Kalmenson, on behalf of himself and all other similarly situated consumers, the Plaintiff, v. Resurgent Capital Services L.P. and Cach, LLC, the Defendants, Case No. 1:17-cv-02647 (E.D.N.Y., May 2, 2017). Resurgent Capital Services is a manager and servicer of domestic and international consumer debt portfolios for credit grantors and debt.[BN] The Plaintiff is represented by: Maxim Maximov, Esq. MAXIM MAXIMOV, LLP 1701 Avenue P Brooklyn, NY 11229 Telephone: (718) 395 3459 Facsimile: (718) 408 9570 E-mail: m@maximovlaw.com RFUTURE CORP: Placeholder Motion for Class Certification Filed -------------------------------------------------------------- In the lawsuit captioned ABLE HOME HEALTH, LLC, on behalf of plaintiff and the class members, the Plaintiff, v. RFUTURE CORP., and JOHN DOES 1-10, the Defendants, Case No. 1:17-cv-02627 (N.D. Ill.), the Plaintiff ask the Court for an order determining that the action may proceed as a class action against Defendant. The Plaintiff defines the classes as follows: For purposes of Count I, alleging violation of the Telephone Consumer Protection Act, 47 U.S.C. section 227: "(a) all persons with fax numbers (b) who, on or after a date four years prior to the filing of this action (28 U.S.C. section 1658), (c) were sent faxes by or on behalf of defendant RFuture Corp., promoting its goods or services for sale (d) with respect to which defendant RFuture Corp. does not have evidence of consent or an established business relationship prior to sending the fax". For purposes of Count II, alleging violation of the Illinois Consumer Fraud Act, 815 ILCS 505/2: "(a) all persons with Illinois fax numbers (b) who, on or after a date three years prior to the filing of this action, (c) were sent faxes by or on behalf of defendant RFuture Corp., promoting its goods or services for sale (d) with respect to which defendant RFuture Corp. does not have evidence of consent or an established business relationship prior to sending the fax. For purposes of Count III, alleging conversion, and Count IV, alleging trespass to chattels: "(a) all persons with Illinois fax numbers (b) who, on or after a date five years prior to the filing of this action, (c) were sent faxes by or on behalf of defendant RFuture Corp., promoting its goods or services for sale (d) with respect to which defendant RFuture Corp. does not have evidence of consent or an established business relationship prior to sending the fax". The Plaintiff further asks the Court that it be appointed class representative and that Edelman, Combs, Latturner & Goodwin, LLC be appointed counsel for the class. 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=SJefpXII The Plaintiff is represented by: Daniel A. Edelman, Esq. Cathleen M. Combs, Esq. James O. Latturner, Esq. Heather Kolbus, Esq. EDELMAN, COMBS, LATTURNER & GOODWIN, LLC 20 S. Clark Street, Suite 1500 Chicago, IL 60603 Telephone: (312) 739 4200 Facsimile: (312) 419 0379 RGS FINANCIAL: Faces "Shaw" Suit in Eastern District of New York ---------------------------------------------------------------- A class action lawsuit has been filed against RGS Financial, Inc. The case is styled as Christopher Shaw, individually and on behalf of all others similarly situated, the Plaintiff, v. RGS Financial, Inc., the Defendant, Case No. 2:17-cv-02588 (E.D.N.Y., May 1, 2017). RGS Financial provides BPO and ARM Services -- from third-party debt collection to customer retention and care.[BN] The Plaintiff appears pro se. RGS FINANCIAL: Faces "Frohnhoefer" Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against RGS Financial, Inc. The case is styled as Maria Frohnhoefer, individually and on behalf of all others similarly situated, the Plaintiff, v. RGS Financial, Inc., the Defendant, Case No. 2:17-cv-02643 (E.D.N.Y., May 2, 2017). RGS Financial provides third-party debt collection and customer retention and care.[BN] The Plaintiff is represented by: Craig B. Sanders, Esq. SANDERS LAW, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Telephone: (516) 203 7600 Facsimile: (516) 281 7601 E-mail: csanders@sanderslawpllc.com RICHARDSON STEVEDORING: Certification of Riggers Class Sought ------------------------------------------------------------- In the lawsuit styled HECTOR BRAVO on behalf of himself individually, and ALL OTHERS SIMILARLY SITUATED, the Plaintiff, v. RICHARDSON STEVEDORING AND LOGISTIC SERVICES INC., the Defendants, Case No. 4:17-cv-00675 (S.D. Tex.), the Plaintiff asks the Court to certify a class of: "all Riggers Employed By Richardson Stevedoring and Logistics Services Inc. Within The Past Three Years Who Were Not Paid Time and a Half for Overtime Hours Worked." The Defendant has a common policy of paying Riggers straight time instead of the statutorily required overtime pay for hours worked above forty each week. Hector Bravo, Ricardo Fuentes, Pedro Fuentes III, and Alano Lopez all have submitted affidavits indicating that they were subjected to a common company policy depriving Riggers of overtime compensation. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=h8i7oIX1 The Plaintiffs are represented by: Taft L. Foley, II, Esq. THE FOLEY LAW FIRM 3003 South Loop West, Suite 108 Houston, TX 77054 Telephone: (832) 778 8182 Facsimile: (832) 778 8353 E-mail: Taft.Foley@thefoleylawfirm.com RURAL KING: Faces "Gunaris" Suit in Northern District of Ohio ------------------------------------------------------------- A class action lawsuit has been filed against Rural King Holding Co. The case is titled as Alex Gunaris, On behalf of himself and all others similarly situated, the Plaintiff, v. Rural King Holding Co., Rural King Administration, Inc., Rural King Realty, LLC, and Norwalk Rural King Supply, Inc., the Defendants, Case No. 3:17-cv-00919-JGC (N.D. Ohio, May 1, 2017). The case is assigned to the Hon. Judge James G. Carr. Rural King Supply is a farm supply store based in Mattoon, Illinois, United States. Founded in 1960, it now has 105 stores in the U.S. states of Florida, Illinois, Indiana, Kentucky, Tennessee, Ohio, Michigan, Missouri, Pennsylvania, Virginia West Virginia, and North Carolina. The company also operates an online store.[BN] The Plaintiff is represented by: Jason R. Bristol, Esq. Joshua R. Cohen, Esq. Joshua B. Fuchs, Esq. COHEN, ROSENTHAL & KRAMER 400 Hoyt Block Bldg. 700 St. Clair Avenue, W Cleveland, OH 44113 Telephone: (216) 781 7956 Facsimile: (216) 781 8061 E-mail: jbristol@crklaw.com jcohen@crklaw.com jfuchs@crklaw.com RUSHMORE LOAN: Court Denied Class Certification Bid in "Sellers" ---------------------------------------------------------------- In the lawsuit styled RANDOLPH SELLERS, individually and on behalf of a class of persons similarly situated and TABETHA SELLERS, individually and on behalf of a class of persons similarly situated, the Plaintiffs, v. RUSHMORE LOAN MANAGEMENT SERVICES, LLC, the Defendant, Case No. 3:15-cv-01106-TJC-PDB (M.D. Fla.), the Hon. Judge Timothy J. Corrigan entered an order: 1. granting Defendant Rushmore Loan Management Services, LLC's motion for summary judgment as to Count III, the motion is otherwise denied; and 2. denying Plaintiffs' motion for class certification without prejudice of: "all Florida consumers who: (a) had or have a residential mortgage loan that was acquired by RUSHMORE and/or transferred to RUSHMORE for servicing when in default; (b) received a Chapter 7 bankruptcy discharge of their mortgage debt; and (c) were sent an "Account Statement," to the Complaint, from RUSHMORE during the respective applicable statute of limitations." If Plaintiffs choose to file an amended motion for class certification, they must do so by June 1, 2017. Rushmore shall file its response by June 30, 2017. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=Yc6gg8eA S.W. QUEENS: Faces "Niemyski" Suit in New York Supreme Court ------------------------------------------------------------ A class action lawsuit has been filed against S.W. Queens Mezzanine LLC. The case is entitled as NIEMYSKI, PAWEL, ON BEHALF OF HIMSELF AND OTHERS SIMILARLY SITUATED, the Plaintiff, v. S.W. QUEENS MEZZANINE LLC, ADAM ONOPIAK AND BOGDAN KOSIERADZKI, the Defendant, Case No. 712191/2016 (N.Y. Sup. Ct., May 1, 2017). SW Queens offers building and apartment rentals.[BN] The Plaintiff is represented by: Robert Wisniewski, Esq. 225 Broadway, Ste 2115 New York, NY 10007 Telephone: (212) 267 2101 The Defendant is represented by: JACKSON LEWIS LLP 58 South Service Rd., Ste. 410 Melville, NY 11747 Telephone: (631) 247 0404 SABATINO TRUFFLES: Olive Oil Lacks Truffle, "Quiroz" Suit Says -------------------------------------------------------------- PATRICK QUIROZ, DOMINIQUE MIRZA, and LOUISE CRESPO, on behalf of themselves and all others similarly situated, the Plaintiffs, v. SABATINO TRUFFLES NEW YORK, LLC and SABATINO NORTH AMERICA, LLC, the Defendants, Case No. 8:17-cv-00783 (C.D. Cal., May 3, 2017, 2017), seeks to recover damages against Defendants for breach of the Magnuson-Moss Warranty Act, breaches of express and implied warranty, unjust enrichment, negligent misrepresentation, fraud, and violations of New York, Pennsylvania, and California's false advertising and consumer protection laws. The case is a class action against Sabatino Truffles New York, LLC and Sabatino North America, LLC, for the false, misleading, and deceptive misbranding of their Sabatino White Truffle Infused Olive Oil and Sabatino Black Truffle Infused Olive Oil sold to consumers. Sabatino markets their truffle oil as being infused with actual "White Truffle[s]" or "Black Truffle[s]," respectively. But Sabatino Truffle Oil is nothing of the sort; instead of flavoring its oil with actual "White Truffle[s]" or "Black Truffle[s]," Defendants' Products are flavored with an industrially produced, chemically-derived perfume known as "2,4-dithiapentane." Despite the absence of actual "White Truffle" or "Black Truffle," Sabatino Truffle Oil is sold at a substantial price premium over olive oil not infused with real truffles. 2,4-Dithiapentane, also known as "formaldehyde dimethyl mercaptal," is synthetically prepared by the acid-catalyzed addition of methyl mercaptan to formaldehyde. Although it emulates the taste and smell of truffles, it is not truffle. Sabatino's misbranding is intentional. The front label and packaging of Sabatino Truffle Oil represents in extra-large, bold lettering that the product is infused with "White Truffle" and "Black Truffle," respectively. The mislabeling of Sabatino Truffle Oil renders the product completely worthless. By mislabeling its products, Sabatino dupes consumers into purchasing something that is not truffle oil. Nevertheless, Sabatino Truffle Oil is labeled and sold as premium truffle oil, and it commands a significant price premium over other olive oil products. For example, Sabatino Truffle Oil commands a 934% - 990% price premium, per fluid ounce, over a competing olive oil brand. The Defendant is an importer of gourmet truffle oils and other Italian delicacies. It markets and sells these oils widely throughout the United States.[BN] The Plaintiffs are represented by: L. Timothy Fisher, Esq. Joel D. Smith, Esq. Scott A. Bursor, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300 4455 Facsimile: (925) 407 2700 E-Mail: ltfisher@bursor.com jsmith@bursor.com scott@bursor.com SAMSUNG ELECTRONICS: Faces "Jones" Suit in W.D. Florida ------------------------------------------------------- A class action lawsuit has been filed against Samsung Electronics America, Inc. The case is captioned as BRITTANY JONES, individually and on behalf of those similarly situated, the Plaintiff, v. SAMSUNG ELECTRONICS AMERICA, INC., the Defendant, Case No. 2:17-cv-00571-JFC (W.D. Fla., May 3, 2017). The case is assigned to the Hon. Chief Judge Joy Flowers Conti. Headquartered in Ridgefield Park, New Jersey, Samsung Electronics America, Inc. is engaged in consumer electronics design.[BN] The Plaintiff is represented by: D. Aaron Rihn, Esq. ROBERT PEIRCE & ASSOCIATES, P.C. 707 Grant Street, Suite 2500 Pittsburgh, PA 15219 Telephone: (412) 281 7229 Facsimile: (412) 281 4229 E-mail: arihn@peircelaw.com SEPTA: Rejects Job Applicants with Criminal Records, Suit Claims ---------------------------------------------------------------- FRANK LONG, JOSEPH SHIPLEY, MICHAEL WHITE, individually and on behalf of all others similarly situated, the Plaintiffs, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, the Defendant, Case No. 170500784 (Court of Common Pleas Philadelphia County, May 3, 2017, 2017), seeks injunctive and declaratory relief; actual, real and/or statutory damages; exemplary and punitive damages; pre-judgment and post-judgment interest; and reasonable attorneys' fees, costs against SEPTA for willful violation of Pennsylvania's Criminal History Record Information Act (CHRIA). SEPTA, one of Philadelphia's largest employers, rejects job applicants with criminal records even where the criminal history of the applicant does not have a relationship to their suitability for the job. SEPTA's overbroad and illegal policies and practices in screening job applicants with criminal records include an explicit policy (SEPTA Policy No. E20) barring individuals with any felony or misdemeanor drug related convictions from employment in "[a]ll positions which require the operation of a SEPTA vehicles [sic]" or "positions requiring the maintenance, repair or operation of power facilities, substations, towers, signals, vehicles or rolling stock." This wholesale ban is unlawful under CHRIA, which permits employers to consider convictions "only to the extent to which they relate to the applicant's suitability for employment in the position for which he [or she] has applied." The Plaintiffs, who each have old minor drug convictions and who were summarily denied employment based on SEPTA's policy, bring this case on their own behalf and that of a proposed class of all others similarly situated.[BN] The Plaintiff is represented by: Adam T. Klein, Esq. Ossai Miazad, Esq. Lewis M. Steel, Esq. Christopher M. McNemey, Esq. Cheryl-Lyn Bentley, Esq. OUTTEN & GOLDEN LLP 685 Third Avenue, 25th Floor New York, NY 10017 Telephone: (212) 245 1000 - and - Ryan Allen Hancock, Esq. Danielle Newsome, Esq. WILLIG, WILLIAMS & DAVIDSON 1845 Walnut Street, 24th Flo Philadelphia, PA 19103 Telephone: (215) 656 3679 - and - Benjamin D. GefFen, Esq. PUBLIC INTEREST LAW CENTER 1709 Benjamin Franklin Parkway, 2d Floor Philadelphia, PA 19103 Telephone: (267) 546 1308 - and - Michael Lee, Esq. Michael Hardiman, Esq. PHILADELPHIA LAWYERS FOR SOCIAL EQUITY 1501 Cherry Street Philadelphia, PA 19102 Telephone: (215)995 1230 - and - Jon Greenbaum, Esq. Mateya Kelley, Esq. LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1401 New York Ave., NW Washington, DC 20005 Telephone: (202) 662 8600 SPECTRUM SOFTWARE: Health Care Sys. Sues Over Spam Advertisements ----------------------------------------------------------------- COMPREHENSIVE HEALTH CARE SYSTEMS OF THE PALM BEACHES, INC., a Florida corporation, individually and as the representative of a class of similarly-situated persons, the Plaintiff, v. SPECTRUM SOFTWARE SOLUTIONS, INC., the Defendant, Case No. 9:17-cv-80559- DMM (S.D. Fla., May 3, 2017, 2017), seeks statutory damages, trebling of statutory damages if the Court determines Defendant's violations were knowing or willful, injunctive relief, compensation and attorney fees, and all other relief the Court deems appropriate under the circumstances. The Defendant has sent advertisements by facsimile in violation of the Telephone Consumer Protection Act and the regulations the Federal Communications Commission (FCC). The Defendant sent Plaintiff at least one advertisement by facsimile and in violation of the TCPA. The Plaintiff did not expressly consent to receive Defendant's advertisements by fax and does not have an established business relationship with Defendant. The Plaintiff brought this action against Defendant on behalf of a class of all persons or entities that Defendant sent one or more telephone facsimile messages (faxes) about goods, products, or services available for purchase from Spectrum. The Defendant's unsolicited advertisements damaged Plaintiff and the other class members. Unsolicited faxes tie up the telephone lines, prevent fax machines from receiving authorized faxes, prevent their use for authorized outgoing faxes, cause undue wear and tear on the recipients' fax machines, and require additional labor to attempt to discern the source and purpose of the unsolicited message. The recipient of a "junk" fax loses the use of its fax machine, and many lose their paper and ink toner in printing the fax. Such an unsolicited fax interrupts the recipient's privacy. A junk fax wastes the recipient's valuable time that would have been spent on something else. Spectrum is a for-profit medical office management and electronic health record software provider and medical transcription service company.[BN] The Plaintiff is represented by: Phillip A. Bock, Esq. BOCK, HATCH, LEWIS & OPPENHEIM, LLC 134 N. LaSalle St., Ste. 1000 Chicago, IL 60602 P.O. Box 416474 Miami Beach, FL 3311 Telephone: (312) 658 5500 Facsimile: (312) 658 5555 STEAK N SHAKE: Conditional Certification of FLSA Class Sought ------------------------------------------------------------- In the lawsuit captioned CORINNA CLENDENEN, on behalf of herself and others similarly situated, the Plaintiffs, v. STEAK N SHAKE OPERATIONS, INC. an Indiana Corporation, the Defendant, Case No. 1:17-cv-01045-JBM-JEH (C.D. Ill.), the Plaintiff asks the Court to issue an order: a. granting Plaintiff's motion for conditional class certification under of FLSA and permitting a Court approved Notice to be sent to all of Defendant's employees who performed work as a "Manager" in all Group Markets (excluding the St. Louis Group Market) for three years from the filing of this Motion; b. directing the Defendant to provide a list of names of these persons within 14 days of the Court's order with their last known home mailing addresses and phone numbers, all in a workable electronic format for mailing purposes; c. providing the last four digits of social security numbers for all class members whose mailed notices are returned undeliverable so Plaintiff can locate a viable mailing address; and d. granting such other relief the Court deems just and proper. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=hj7NQBaL The Plaintiff is represented by: Brendan J. Donelon, Esq. 420 Nichols Road, Suite 200 Kansas City, MO 64112 Telephone: (816) 221 7100 Facsimile: (816) 709 1044 E-mail: brendan@donelonpc.com - and - Daniel W. Craig, Esq. 6614 Clayton Road, No. 320 St. Louis, MO 63117 Telephone: (314) 297 8385 Facsimile: (816) 709 1044 E-mail: dan@donelonpc.com The Defendant is represented by: David K. Haase, Esq. Catherine S. Lindemann, Esq. Littler Mendelson, PC 321 North Clark Street, Suite 1000 Chicago, IL 60654 Telephone: (312) 795 3286 Facsimile: (312) 276 4982 E-mail: DHaase@littler.com clindemann@littler.com - and - Patricia J. Martin, Esq. Andrew C. Johnson, Esq. LITTLER MENDELSON, P.C. One Metropolitan Square 211 North Broadway, Suite 1500 St. Louis, MO 63102 Telephone: (314) 659 2000 Facsimile: (314) 659 2099 E-mail: pmartin@littler.com ajohnson@littler.com STEPHEN EINSTEIN: Faces "Buslayev" Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Stephen Einstein & Associates, P.C. The case is titled as Sergey Buslayev, on behalf of himself and all other similarly situated consumers, the Plaintiff, v. Stephen Einstein & Associates, P.C., the Defendant, Case No. 1:17-cv-02677 (E.D.N.Y., May 3, 2017). Stephen Einstein & Associates, P.C. was established in 1989 as a law firm focused on a creditor rights, collections, litigation and real estate.[BN] The Plaintiff appears pro se. TAYLOR SMITH: Court Granted Bid to Conditionally Certify Class -------------------------------------------------------------- In the lawsuit captioned WILLIAM J. LAW, Jason Blackshear, Jonas Nelson, Frederico Daniels, and Donald McAfee on behalf of Themselves and All Others Similarly Situated, the Plaintiffs. v. Taylor Smith Consulting, LLC, the Defendant, Case No. 4:16-cv- 01164 (S.D. Tex.), the Court granted on May 3, 2017 Plaintiff's motion to conditionally certify collective action. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=glKBAjTC TRANSWORLD SYSTEMS: Faces Fagen et al. Wage-and-Hour Suit --------------------------------------------------------- A class action lawsuit has been filed against Transworld Systems, Inc. The case is titled as JEFFREY FAGEN, JEFFREY ELLIS, and RICHARD O'ROURKE, individually and on behalf of all others similarly situated, the Plaintiff, v. TRANSWORLD SYSTEMS, INC. the Defendant, Case No. BCG60039 (Cal. Super. Ct., May 2, 2017), seeks to recover damages for failure of Defendant to reimburse for work-related expenditures, failure to pay overtime wages, and failure to pay minimum wages under California Labor Code. The Plaintiffs and other similarly situated employees are individuals who have been hired by Transworld as "Sales Representatives" and "Sales Managers" (collectively, "Sales Personnel") and worked in California to sell Transworld's debt collection services. Transworld misclassifies its Sales Personnel independent contractors despite its right to control numerous aspects of their work and despite the fact that Sales Personnel are an essential part of Transworld's business. As a result of Transworld's misclassification of Sales Personnel as independent contractors, in violation of Cal. Lab. Code, Transworld does not reimburse its Sales Personnel for necessary and reasonable business related expenses, including, but not limited to, costs incurred for travel, cellular phone usage, internet usage, office supplies, and purchase of sales kits and other promotional materials, in violation of state law (Count I). Transworld also fails to pay its Sales Personnel overtime premium pay for hours worked in excess of eight per day and 40 per week, in violation of California law (Count II). Additionally, during pay periods in which Sales Personnel's commissions are too low, Transworld fails to pay its Sales Personnel minimum wage in violation of California law (Count III). Transworld also willfully fails to provide its Sales Personnel with accurate, itemized wage statements (Count IV). Transworld's violations of California law are unlawful business practices under the California Business & Professions Code (Count V). Finally, Transworld's violations of the California Labor Code, as described above and further herein, subjects Transworld to penalties under the Labor Code Private Attorneys General Act of 2004 (Count VI). Transworld Systems is a national debt collection company.[BN] The Plaintiff is represented by: Shannon Liss-Riordan, Esq. LICHTEN & LISS-RIORDAN, P.C. 729 Boylston Street, Suite 2000 Boston, MA 02116 Telephone: (617) 994 5800 Facsimile: (617) 994 5801 E-mail: sliss@llrlaw.com - and - Matthew D. Carlson, Esq. LICHTEN & LISS-RIORDAN, P.C. 466 Geary St., Suite 201 San Francisco, CA 94102 Telephone: (415) 630 2651 Facsimile: (617) 995 5801 E-mail: mcarlson@llrlaw.com TSG COLLECTIONS: Faces "Gendelberg" Suit in E.D. New York --------------------------------------------------------- A class action lawsuit has been filed against TSG Collections, LLC. The case is captioned as Galina Gendelberg, on behalf of herself and all other similarly situated consumers, the Plaintiff, v. TSG Collections, LLC, the Defendant, Case No. 1:17-cv-02644 (E.D.N.Y., May 2, 2017). TSG Collections is a debt collection agency.[BN] The Plaintiff appears pro se. UNION SETTLEMENT: Morales Seeks Unpaid OT Wages ----------------------------------------------- Karen Morales, Individually and on behalf of all others similarly- situated, the Plaintiff, v. Union Settlement Association, Inc., the Defendant, Case No. 154117/2017 (N.Y. Sup. Ct. May 3, 2017, 2017), seeks to recover unpaid overtime wages, non-overtime wages, maximum liquidated damages and attorneys' fees under New York Labor Law (NYLL) and New York Minimum Wage Act (NYMWA). The Plaintiff alleges pursuant to NY Civil Practice Law and Rules, on behalf of herself and a class of other similarly-situated current and former employees who were employed by Defendant pursuant to the NYLL that she and they are: (i) entitled to unpaid overtime wages from Defendant for working more than forty hours in a week and not being paid an overtime rate of at least 1.5 times their regular rate for such hours over forty in a week; (ii) entitled to non-overtime wages from Defendant for not being paid their hourly rate for each and all non-overtime hours worked; and (iii) entitled to maximum liquidated damages and attorneys' fees, pursuant to the NYMWA. Union Settlement Association is one of the oldest settlement houses in New York City.[BN] The Plaintiff is represented by: Abdul K. Hassan, Esq. ABDUL HASSAN LAW GROUP, PLLC 215-28 Hillside Avenue, Queens Village, NY 11427 Telephone: (718) 740 1000 Facsimile: (718) 740 2000 E-mail: abdul@abdulhassan.com UNION TURNPIKE: Takhalov Seeks Unpaid Wages Under Labor Code ------------------------------------------------------------ EDEN TAKHALOV, on behalf of themselves and others similarly situated, the Plaintiff, v. UNION TURNPIKE CAFE, INC.; IGOR ISACHAROV; BEN ISACHAROV; or any other related entities or individuals, the Defendant, Case No. 700815/2017 (N.Y. Sup. Ct., May 2, 2017), seeks to recover compensation, including gratuities and unpaid wages, that they were deprived of, plus interest, attorneys' fees, and costs under New York Labor Law (NYLL). The Plaintiff asserts allegations pursuant to New York State Executive Law, New York City Human Rights Law, and the Labor Law for sexual harassment, hostile work environment, and retaliation. Beginning in approximately January 2011 and continuing through the present, Defendants have engaged in a policy and practice of improperly withholding wages from its employees, and unlawfully retaining employees' gratuities. The Defendants have also engaged in a policy and practice of paying its tipped employees a wage less than the minimum wage for non-tipped employees, without following the provisions of NYCRR, which require that "all tips received by such employee[s] have been retained by the employee[s]." The Defendant is a casual restaurant for coffees and assortment of kosher, internationally inspired snacks & entrees.[BN] The Plaintiff is represented by: Michael A. Tompkins, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, NY 11514 Telephone: (516) 873 9550 The Defendant is represented by: Stephen D Hans 45-18 Court Square Ste 403 Lic, NY 11101 Telephone: (718) 275 6700 UNITED COLLECTION: Faces "Sims" Suit in E.D. New York ----------------------------------------------------- A class action lawsuit has been filed against United Collection Bureau, Inc. The case is captioned as Stephanie Sims and Paula Divirgilio, individually and on behalf of all others similarly situated, the Plaintiffs, v. United Collection Bureau, Inc., the Defendant, Case No. 2:17-cv-02639 (E.D.N.Y., May 2, 2017). United Collection provides debt collection services for companies, government, healthcare, utility, financial service, communication, and students.[BN] The Plaintiff is represented by: Craig B. Sanders, Esq. SANDERS LAW, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Telephone: (516) 203 7600 Facsimile: (516) 281 7601 E-mail: csanders@sanderslawpllc.com UNITED COLLECTION: Faces "Hertzovitz" Suit in E.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against United Collection Bureau, Inc. The case is styled as Jennifer Hertzovitz, individually and on behalf of all others similarly situated, the Plaintiff, v. United Collection Bureau, Inc., the Defendant, Case No. 2:17-cv-02638 (E.D.N.Y., May 2, 2017). United Collection provides debt collection services for companies, government, healthcare, utility, financial service, communication, and students.[BN] The Plaintiff is represented by: Craig B. Sanders, Esq. SANDERS LAW, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Telephone: (516) 203 7600 Facsimile: (516) 281 7601 E-mail: csanders@sanderslawpllc.com UNITED COLLECTION: Faces "Gueta" Suit in E.D. New York ------------------------------------------------------ A class action lawsuit has been filed against United Collection Bureau Inc. The case is captioned as Haya Gueta, on behalf of herself and all other similarly situated consumers, the Plaintiff, v. United Collection Bureau Inc., the Defendant, Case No. 1:17-cv- 02650 (E.D.N.Y., May 3, 2017). United Collection provides debt collection services for companies (government, healthcare, utility, financial service, communication, and student.[BN] The Plaintiff is represented by: Daniel C Cohen, Esq. DANIEL COHEN, PLLC 407 Rockaway Avenue Brooklyn, NY 11212 Telephone: (646) 645 8482 Facsimile: (347) 665 1545 E-mail: dancohenlaw@gmail.com UNUM GROUP: Faces "Remington" Suit in Southern Dist. of Florida --------------------------------------------------------------- A class action lawsuit has been filed against Unum Group Corporation. The case is captioned as Robin Remington, on her own behalf and all others similarly situated, the Plaintiff, v. UNUM Group Corporation and ATHENE ANNUITY & LIFE COMPANY, the Defendants, Case No. 1:17-cv-21621-JLK (S.D. Fla., May 1, 2017). The case is assigned to the Hon. Senior Judge James Lawrence King. Unum provides supplemental insurance coverage in the workplace. Our benefits protect the financial income of thousands of employees in numerous industries.[BN] The Plaintiff is represented by: Christa Collins, Esq. HARMON WOODS PARKER 110 North 11th Street, 2nd Floor Tampa, FL 33602 Telephone: (813) 864 1762 Facsimile: (813) 222 3616 E-mail: clc@harmonwoodslaw.com VENGROFF WILLIAMS: "Curry" Suit Seeks Moved to E.D. New York ------------------------------------------------------------ The class action lawsuit titled Latrice Curry, on behalf of herself and all others similarly situated, the Plaintiff, v. Vengroff Williams, Inc., the Defendant, Case No. 620884/2016, was removed on May 3, 2017 from the Supreme Court of the State of New York, County of Suffolk, to the U.S. District Court for the Eastern District of New York (Central Islip). The District Court Clerk assigned Case No. 2:17-cv-02673-ADS-SIL to the proceeding. The case is assigned to the Hon. Judge Arthur D. Spatt. Vengroff & Williams provides receivables management and business process outsourcing services.[BN] The Plaintiff is represented by: Mitchell L. Pashkin, Esq. 775 Park Avenue, Ste. 255 Huntington, NY 11743 Telephone: (631) 335 1107 E-mail: mpash@verizon.net The Defendant is represented by: Richard J. Perr, Esq. FINEMAN KREKSTEIN & HARRIS, P.C. Ten Penn Center, Suite 1100 1801 Market Street Philadelphia, PA 19103 Telephone: (215) 893 9300 Facsimile: (215) 893 8719 E-mail: rperr@finemanlawfirm.com WCAY INC: Accused of Wage & Hours Violations in "Mitchell" Suit --------------------------------------------------------------- KAWAN MITCHELL, individually, and on behalf of all others similarly situated, the Plaintiff, v. WCAY, INC., a California Corporation; LARRY PHILLIPS SUPPORTED DAY PROGRAM, INC., a California Corporation; and DOES 1 through 50, inclusive, the Defendants, Case No. BC659418 (Cal. Super. Ct., May 1, 2017), seeks equitable relief, interest, restitution, and reasonable attorney's fees and costs. The Plaintiff sue the Defendants for California Labor Code violations, and unfair business practices stemming from Defendants' failure to provide meal periods, failure to authorize and permit rest periods, failure to pay minimum and straight time wages, failure to pay overtime wages, failure to timely pay all wages to terminated employees, failure to furnish accurate wage statements, failure to maintain accurate records of hours worked, and failure to permit employees to use accrued sick leave. WCAY Inc. provides personalized services designed to meet the needs of every patient.[BN] The Plaintiff is represented by: Kane Moon, Esq. Justin F. Marquez, Esq. Allen Feghali, Esq. MOON & YANG, APC 3435 Wilshire Blvd., Suite 1820 Los Angeles, CA 90010 Telephone: (213) 232 3128 Facsimile: (213) 232 3125 E-mail: kane.moon@moonyanglaw.com justin.marquez@moonyanglaw.com allen.feghali@moonyanglaw.com WORLDVENTURES HOLDINGS: Yiru Sues over Alleges Pyramid Scheme ------------------------------------------------------------- MELODY YIRU, aka SHI YIRU, an individual and all those similarly situated, the Plaintiff, v. WORLDVENTURES HOLDINGS, LLC, a Nevada Limited Liability Company; WORLD VENTURES, a Nevada Limited Liability Company; WORLDVENTURES FOUNDATION, a Texas corporation; WORLDVENTURES MARKET LLC, a Nevada Limited Liability Company, Michael Azcue, an individual; WAYNE NUGENT, an individual; and DOES 1-100, the Defendants, Case No BC659422. (Cal. Super. Ct., May 1, 2017), seeks a judicial order directing Defendants to cease and desist all false advertising related to the Defendants' illegal endless chain scheme, and such other injunctive relief as the Court finds just and appropriate. WorldVentures represented to Plaintiff Melody Yiru that she would make a fortune. Plaintiff and members of the interim class all joined WorldVentures and became "representatives." However, Plaintiff did not make money as promised. As with the case of the more than two hundred fifty thousand WorldVentures representatives before and after her, Plaintiff failed. Plaintiff and the interim class failed even though they were committed and put in the time and effort. They failed because they were doomed from the start by a WorldVentures marketing plan that systematically rewards recruiting representatives over sales of travel packages, and WorldVentures is nothing more than a site that compiles travel package plans from the website (often at prices significantly in excess of what a consumer can obtain from Expedia or Travelocity). About 99.7% of WorldVenture representatives average net losses of over $1,000 per year, and gross revenues of $140.00. No persons, except directors and secretly placed individuals into the "representative" tiers of the company, make any money. The Defendants run an illegal pyramid scheme. Defendants have been banned from operating in Norway based on the Court system there finding that WorldVentures operated an illegal pyramid scheme. Defendants take money in return for the right to sell travel membership services and rewards for recruiting other participants into the pyramid.[BN] The Plaintiff is represented by: Blake J. Lindemann,Esq. LINDEMANN LAW FIRM, APC 433 N. Camden Drive, 4th Floor Beverly Hills, CA 90210 Telephone: (310) 279 5269 Facsimile: (310) 300 0267 E-mail: blake@lawbl.com - and - Daren M. Schlecter, Esq. LAW OFFICE OF DAREN M. SCHLECTER, APC 1925 Century Park East, Suite 830 Los Angeles, CA 90067 Telephone: (310 -553 5747 ZWICKER & ASSOCIATES: Faces "Fasman" Suit in E.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Zwicker & Associates PC. The case is captioned as Yuliya Fasman, on behalf of herself and all other similarly situated consumers, the Plaintiff, v. Zwicker & Associates PC, the Defendant, Case No. 1:17-cv-02660 (E.D.N.Y., May 3, 2017). Zwicker & Associates is a law firm whose primary business function is debt collection.[BN] 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 ********* 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. 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