/raid1/www/Hosts/bankrupt/CAR_Public/170515.mbx
C L A S S A C T I O N R E P O R T E R
Monday, May 15, 2017, Vol. 19, No. 96
Headlines
1-800 CONTACTS: "Zimmerman" Contact Lens Suit Moved to D. Utah
7TH STREET: Fails to Pay Premium Wages, "Rodriguez" Suit Says
AEP COMPANY: Natural Gas Market Suits Settled in February 2017
AFNI INC: Faces "Aguino" Suit in Southern District of New York
AFNI INC: Faces "Espinal" Suit in Southern District of New York
AKAL SECURITY: Faces "Dean" Suit Over Failure to Pay OT Wages
ALLIANT RIGSERV: Faces "Verrett" Suit Over Failure to Pay OT
ALLIED INTERSTATE: Faces "Magallon" Suit in S.D. California
AMAZON.COM: "Wu" Suit Seeks Unpaid OT Wages Under FLSA
ASTORIA FINANCIAL: Sued in N.Y. Over Proposed Sale to Sterling
B.S.P. LINES: "Bell" Suit Seeks Unpaid OT Wage Under Labor Code
B&J HOSPITALITY: Faces "Spinks" Suit Over Failure to Pay Overtime
BOCA WEST COUNTRY CLUB: Faces "Calmes Suit in S.D. Florida
BOK FINANCIAL: Settlement of BOKF NA Complaint Still Ongoing
BOK FINANCIAL: Unit Still Defends in Various Bondholders Suits
BUFFALO, NY: Faces "McGowan" Suit in New York State Court
CAMBRIDGE SIERRA: "Lyter" Suit Moved from Super. Ct. to C.D. Cal.
CAPITAL MANAGEMENT: Faces "Kraus" Suit in E.D. New York
CARSURE LLC: Faces "Kundinger" Suit in W.D. Wisconsin
CAVALRY PORTFOLIO: Faces "Nedd" Suit in E.D. New York
CHEMED CORP: VITAS Segment Still Faces Seper's Lawsuit
CHEMED CORP: Chhina's Class Action vs. VITAS Still Ongoing
CITI STAFF: Fails to Pay OT & Regular Wages, "Gonzalez" Suit Says
CLIENT SERVICES: Faces "Franco" Suit in Eastern Dist. of New York
COLGATE-PALMOLIVE: Court Denies Bid to Dismiss ERISA Class Suit
COLLECTO INC: Faces "Gonzalez" Suit in E.D. New York
CONVERGENT OUTSOURCING: Faces "Strecker" Suit in E.D.N.Y.
CONVERGENT OUTSOURCING: Faces "Coleman" Suit in E.D.N.Y.
CREDENCE RESOURCE: Faces "Parker" Suit in E.D. New York
CREDIT PROTECTION: Faces "Moreno" Suit in E.D. New York
DEBT RECOVERY: Faces "Drake" Suit in Eastern Dist. of New York
DHC BUSINESS: Faces "Neumeyer" Suit in Northern District of Ohio
DR PEPPER: "Hashemi" Suit Transferred from C.D. Cal. to N.D. Cal.
EL RANCHO: "Taborda" Suit Seeks to Recover Unpaid Wages
FCA US: Faces "Russell" Suit in Southern District of Mississippi
FIFTH AVENUE: Faces "Vazquez" Suit Over Failure to Pay Overtime
FIRST HAWAIIAN: Unit Faces Class Action Suit on Trade Practices
FIRSTSOURCE ADVANTAGE: Faces "Sompolinsky" Suit in E.D. New York
FLAGSHIP CREDIT: Ward Sues Over Automated and Pre-Recorded Calls
FORSTER & GARBUS: Faces "Elia" Suit in E.D. New York
FRANKLIN RESOURCES: Still Defends Class Suit over ERISA Breach
FRONTLINE ASSET: Faces "Mack" Suit in S.D. New York
FRONTLINE ASSET: Faces "Chen" Suit in Eastern Dist. of New York
GET IT NOW: Faces "Chavez" Suit in Minnesota Federal Court
GLASS MOUNTAIN: Faces "Bryan" Suit in Eastern Dist. of New York
GLOBAL CREDIT: Faces "Charleston" Suit in E.D. New York
GOODRICH CORPORATION: Faces "Alikhan" Suit in Cal. State Court
HALLIBURTON CO: Gets Initial Court OK on Securities Suit Accord
HEALTHSOUTH CORP: Appeal on Stockholders Suit Dismissal Pending
HEYWOOD & CARI: Faces "Veness" Suit in W.D. Wisconsin
HUNTINGTON BANCSHARES: Plaintiffs Appeal Mortgage Suit Dismissal
HUNTINGTON BANCSHARES: June 2 Final Settlement Approval Hearing
IEG HOLDINGS: Faces "Montgomery" Suit in W.D. Virginia
INTERNATIONAL RECOVERY: Faces "Obo" Suit in New York State Court
INTERNATIONAL RECOVERY: Faces "Healy" Suit in E.D. New York
IQ FORMULATIONS: Faces "Debernardis" Suit in S.D. Florida
JB HUNT TRANSPORT: Appeal on Dismissal of Drivers Suit Pending
JOEL CARDIS: Faces "Germond" Suit in Southern District of Florida
KERYX BIOPHARMACEUTICALS: "Erickson" Suit Removed to D. Mass.
KLA-TENCOR: Purported Stockholders Putative Class Suit Dismissed
KOREA ELECTRIC: 12 Tariff Class Action Suits Pending at Dec. 31
LIMASSOL GROCERY: Fails to Pay Employees OT, "Torres" Suit Says
MADISON COUNTY, MS: Faces "Brown" Suit in S.D. Mississippi
MD GARDENS: Faces "Fevrier" Suit in Southern Dist. of New York
MIDLAND CREDIT: Faces "Torres" Suit in E.D. New York
MONARCH RECOVERY: Faces "Farrell" Suit in E.D. New York
MOOLITE DINER: "Suarez" Suit Seeks Unpaid Wages for Waitstaff
NHCASH.COM: Faces "Hunter" Suit in Eastern District of Virginia
NORTHLAND GROUP: Faces "Mizrahi" Suit in E.D. New York
NORTHSTAR LOCATION: Faces "Vouvounas" Suit in E.D. New York
NORTHSTAR LOCATIONS: Faces "Zitronenbaum" Suit in E.D.N.Y.
OPPENHEIMER HOLDINGS: Seeks to Dismiss NSLP Class Action
OPTIO SOLUTIONS: Faces "Galands" Suit in E.D. New York
ORBITAL ATK: Amended Complaint Filed in Securities Class Action
OREGON: Dept of Corrections' Officers Face "Lyons" Suit
PAUL MICHAEL: Faces "Alm" Suit in Eastern District of New York
PERFUMANIA HOLDINGS: Awaits Court OK on Calif. Class Action Pact
PERFUMANIA HOLDINGS: May 30 Hearing on TCPA Suit Settlement
PGE COMPANY: Appeal on Dismissal of Trojan Class Actions Pending
PHILLIPS & COHEN: Faces "Coleman" Suit in E.D. New York
PORTFOLIO RECOVERY: Faces "Callace" Suit in E.D. New York
PROFESSIONAL CLAIMS: Faces "Muhlstock" Suit in E.D. New York
PROGRESSIVE DIRECT: Faces "Arias-Bonello" Suit in S.D. Fla.
RELIANT CAPITAL: Faces "Grambo" Suit in Eastern Dist. of New York
RIO RANCHO, NM: "Woods" Suit Removed to New Mexico Federal Court
RYDER TRUCK: Illegally Sells Class Members Vehicles, Suit Claims
SECURITY CREDIT: Faces "Rahman" Suit in E.D. New York
SECURUS TECHNOLOGIES: Faces "Mojica" Class Suit in D. Mass.
SERGIO'S RESTAURANT: Faces "Gomez" Suit in S.D. Florida
SP PLUS: Fails to Pay Unpaid Wages & OT, "Escalante" Suit Says
STONELEIGH RECOVERY: Faces "Mack" Suit in S.D. New York
TRUEACCORD CORP: Faces "Taveras" Suit in S.D. Florida
UNITED COLLECTION: Faces "Mack" Suit in S.D. New York
UNITED COLLECTION: Faces "Lugo" Suit in E.D. New York
UNITED RECOVERY: Faces "Bendez" Suit in E.D. New York
UNITED RECOVERY: Faces "Podstupka" Suit in E.D. New York
VOLUNTEERS OF AMERICA: Fails to Pay Wages, "Morales" Suit Says
XG SECURITY: "Young" Suit Seeks Overtime Pay Under FLSA
YTS TRADING: Sued in N.Y. Over Failure to Pay Minimum & OT Wages
ZURICH AMERICAN: Sued in Fla. Over Alleged Breach of Contract
*********
1-800 CONTACTS: "Zimmerman" Contact Lens Suit Moved to D. Utah
--------------------------------------------------------------
The class action lawsuit titled Taylor Zimmerman, Sara Hartman,
Iysha Abed, Robert Weinstein, Jill Schulson, and Leia Pinto, On
Behalf of Himself and All Others Similarly Situated, the
Plaintiffs, v. 1-800 Contacts, the Defendant, Case No. 2:16-cv-
06417 (filed by Dec. 13, 2016), was transferred on May 5, 2017 to
the U.S. District Court for the Eastern District of Pennsylvania,
to the U.S. District Court for the District of Utah (Central). The
District Court Clerk assigned Case No. 2:17-cv-00357-BSJ to the
proceeding. The case is assigned to the Hon. Judge Bruce S.
Jenkins.
The Plaintiffs brought the action for damages and injunctive
relief under antitrust laws in the United States. The action arose
as a result of a series of bilateral agreements between
1-800 Contacts and numerous competitors in the market for online
sales of contact lenses that prevent the parties to those
agreements from competing against one another through online
search advertisements.
1-800 Contacts is a company based in Draper, Utah, United States,
that sells contact lenses, including Johnson & Johnson Vision
Care, Ciba Vision, Bausch & Lomb and CooperVision brands. The
company was incorporated in 1995.[BN]
The Plaintiff is represented by:
Joshua D. Wolson, Esq.
Jerry R. DeSiderato, Esq.
DILWORTH PAXSON LLP
1500 Market St., Suite 3500E
Philadelphia, PA 19102
Telephone: (215) 575 7000
E-mail: jwolson@dilworthlaw.com
jdesiderato@dilworthlaw.com
7TH STREET: Fails to Pay Premium Wages, "Rodriguez" Suit Says
-------------------------------------------------------------
EVA RODRIGUEZ, on behalf of herself and others similarly situated,
the Plaintiff, v. 7TH STREET BISTRO LP; and DOES 1 to
16 100, Inclusive, the Defendants, Case No. BC660317 (Cal Super.
Ct., May 5, 2017), seeks to recover unpaid premium wages and
interest due to Defendants' policy, practice, and/or procedure of
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 sections; costs;
and interest.
According to the complaint, the Defendants employed policies and
procedures which ensured Plaintiff and similarly situated
employees would not receive legally required rest periods.
Defendants did not authorize or permit and therefore failed to
provide any of the legally required, rest periods of ten net
minutes, including third rest periods when employees worked more
than 10 hours in a shift. The Defendants also employed policies
and procedures which ensured Plaintiff and similarly situated
employees did not receive any premium wages to compensate them for
workdays that they did not receive all legally required, rest
periods. These practices resulted in Plaintiff and all Other
similarly situated employees not receiving wages to compensate:
them for workdays which. Defendants did not provide them with all
rest periods required by California law.
7th Street Bistro LP operates in the restaurant sector. The
company was incorporated in 2013 and is based in Santa Monica,
California.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
Vincent C. Granberry, Esq.
Vanessa Kamau, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W. Olympic Blvd, Suite 200
Beverly Hills, CA 90211
Telephone: (310) 432 0000
Facsimile: (310) 432 0001
AEP COMPANY: Natural Gas Market Suits Settled in February 2017
--------------------------------------------------------------
American Electric Power Company, Inc. has settled as of February
2017 the natural gas market lawsuits filed against it, according
to the Company's Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarterly period ended March 31, 2017.
In 2002, a lawsuit was commenced in Los Angeles County California
Superior Court against numerous energy companies, including AEP,
alleging violations of California law through alleged fraudulent
reporting of false natural gas price and volume information with
an intent to affect the market price of natural gas and
electricity.
AEP was dismissed from the case.
A number of similar cases were also filed in state and federal
courts in several states making essentially the same allegations
under federal or state laws against the same companies. AEP is
among the companies named as defendants in some of these cases.
AEP settled, received summary judgment or was dismissed from all
of these cases.
The plaintiffs appealed the Nevada federal district court's
dismissal of several cases involving AEP companies to the U.S.
Court of Appeals for the Ninth Circuit.
In April 2013, the appellate court reversed in part, and affirmed
in part, the district court's orders in these cases. The United
States Supreme Court affirmed the U.S. Court of Appeals for the
Ninth Circuit's opinion. The cases were remanded to the district
court for further proceedings.
AEP had four pending cases, of which three are class actions and
one is a single plaintiff case. A settlement was reached in the
three class actions and the district court issued preliminary
approval of that settlement.
In May 2016, the district court dismissed the remaining case. In
December 2016, the plaintiff appealed the dismissal to the U.S.
Court of Appeals for the Ninth Circuit.
In February 2017, a settlement was reached in the remaining case.
American Electric Power Company, Inc., a public utility holding
company, engages in the generation, transmission, and distribution
of electricity for sale to retail and wholesale customers in the
United States. The company generates electricity using coal and
lignite, natural gas, nuclear, hydroelectric, solar, wind, and
other energy sources. It also supplies and markets electric power
at wholesale to other electric utility companies, rural electric
cooperatives, municipalities, and other market participants.
American Electric Power Company, Inc. was founded in 1906 and is
headquartered in Columbus, Ohio.
AFNI INC: Faces "Aguino" Suit in Southern District of New York
--------------------------------------------------------------
A class action lawsuit has been filed against Afni, Inc. The case
is captioned as Dennis D. Aguino and Yannsi Espinal, individually
and on behalf of all others similarly situated, the Plaintiff, v.
AFNI, Inc., the Defendant, Case No. 1:17-cv-03441 (S.D.N.Y., May
9, 2017).
Afni, Inc. is a debt collection agency.[BN]
The Plaintiff is represented by:
Craig B. Sanders, Esq.
SANDERS LAW, PLLC
100 Garden City Plaza, Ste 500
Garden City, NY 11530
Telephone: (516) 203 7600
Facsimile: (516) 281 7601
E-mail: csanders@sanderslawpllc.com
AFNI INC: Faces "Espinal" Suit in Southern District of New York
---------------------------------------------------------------
A class action lawsuit has been filed against Afni, Inc. The case
is styled as Yannsi Espinal, individually and on behalf of all
others similarly situated, the Plaintiff, v. AFNI, Inc., the
Defendant, Case No. 1:17-cv-03439 (S.D.N.Y., May 9, 2017).
Afni, Inc. is a debt collection agency.[BN]
The Plaintiff appears pro se.
AKAL SECURITY: Faces "Dean" Suit Over Failure to Pay OT Wages
-------------------------------------------------------------
Hayward Dean and all others similarly situated, Plaintiff v. Akal
Security, Inc., Defendant, Case No. 1:17-cv-00543 (W.D. La., April
18, 2017) is brought against the Defendant for its failure to pay
overtime compensation pursuant to the Fair Labor Standards Act.
The complaint says Plaintiff worked in excess of 40 hours per
week. It is possible that in any given week, the unpaid lunch
break hours would have been hours in excess of 40 hours per week.
For those weeks, Plaintiff is entitled to overtime pay at a rate
of 1.5 times his regular rate of pay pursuant to the Act, it adds.
Plaintiff is an air security officer who was responsible for the
supervision of deportees during flights back to their home
country.
Defendant Akal Security, Inc. is a New Mexico corporation with its
principal place of business in New Mexico. Defendant is a
government contractor. Defendant is the subcontractor to CSI
Aviation, Inc. CSI's contract with the federal government require
it and its subcontractor, including the Defendant, to comply with
all federal, state and local laws and regulations.[BN]
The Plaintiff is represented by:
James E. Sudduth, III, Esq.
Sudduth & Associates, LLC
4216 Lake Street, Suite C
Lake Charles, LA 70605
Tel: (337) 480-0101
Fax: (337) 419-0507
- and -
Matthew Sarelson, Esq.
Kaplan Young & Moll Parron
600 Brickell Avenue, Suite 1715
Miami, FL 33131
Tel: (305) 330-6090
ALLIANT RIGSERV: Faces "Verrett" Suit Over Failure to Pay OT
------------------------------------------------------------
Douglas W. Verrett, on behalf of all other current and former
similarly situated employees v. Alliant Rigserv LLC, Case No.
6:17-cv-00560 (W.D. Lo., April 21, 2017), is brought against the
Defendants for failure to pay overtime wages in violation of the
Fair Labor Standards Act.
Douglas W. Verrett performed services related to inventory control
and inventory management on the Deepwater Invictus and the
Deepwater Proteus, oil and gas platforms off of the Louisiana
coast.
Alliant Rigserv LLC operates a business specializing in supply
chain management and inventory management, primarily within the
oil and gas extraction and refining industries. [BN]
The Plaintiff is represented by:
Charles J. Stiegler, Esq.
STIEGLER LAW FIRM LLC
6557 West End Blvd.
New Orleans, LA 70124
Telephone: (504) 267-0777
Facsimile: (504) 513-3084
E-mail: Charles@StieglerLawFirm.com
ALLIED INTERSTATE: Faces "Magallon" Suit in S.D. California
-----------------------------------------------------------
A class action lawsuit has been filed against Allied Interstate
LLC. The case is titled as Felipe Magallon, individually and on
behalf of others similarly situated, the Plaintiff, v. Allied
Interstate LLC, the Defendant, Case No. 3:17-cv-00958-BAS-BGS
(S.D. Cal., May 9, 2017). The case is assigned to the Hon. Judge
Cynthia Bashant.
Allied Interstate is a collection agency.[BN]
The Plaintiff is represented by:
Asil A Mashiri, Esq.
MASHIRI LAW FIRM
11251 Rancho Carmel Drive, Suite 500694
San Diego, CA 92150
Telephone: (858) 348 4938
Facsimile: (858) 348 4939
E-mail: alexmashiri@yahoo.com
AMAZON.COM: "Wu" Suit Seeks Unpaid OT Wages Under FLSA
------------------------------------------------------
JOHN WU, on behalf of himself and others similarly situated, the
Plaintiff, v. AMAZON.COM, INC. d/b/a Amazon.com; SPEED OF SOUND
COURIER EXPRESS, INC d/b/a Speed of Sound Courier; and d/b/a SOS
Logistics; SOS LOGISTICS, LLC d/b/a Speed of Sound Courier; and
d/b/a SOS Logistics; MICHAEL LAVELLE a/k/a Mike Lavelle;
CHRISTOPHER J. KANE and ROBERT DOE a/k/a Bob, the Defendants, Case
No. 1:17-cv-02759 (S.D.N.Y., May 5, 2017), seeks to recover unpaid
minimum wages, unpaid overtime wages, liquidated damages,
prejudgment and post-judgment interest; and/or attorneys' fees and
costs, as a result of Defendants' alleged violations of the Fair
Labor Standards Act (FLSA).
The Plaintiff further alleges pursuant to New York Labor Law
(NYLL) and New York Codes, Rules and Regulations (NYCRR) that he
is entitled to recover from the Defendants: (1) unpaid minimum
wages, (2) unpaid overtime wages, (3) unpaid "spread-of-hours"
wages, (4) uniform maintenance pay pursuant to the Minimum Wage
Order for Miscellaneous Industries and Occupations NYCRR, (5) up
to $5,000 per Plaintiff for Defendants' failure to provide a Time
of Hire Notice detailing rates of pay and payday, (6) up to $5,000
per Plaintiff for Defendants' failure to provide a paystub that
accurately and truthfully lists employee's hours along with the
employee's name, employer's name, employer's address and telephone
number, employee's rate or rates of pay, any deductions made from
employee's wages, any allowances claimed as part of the minimum
wage, and the employee's gross and net wages for each pay day, (7)
liquidated damages equal to the sum of unpaid minimum wages,
unpaid overtime wages, and unpaid "spread-of-hours" wages in the
amount of twenty five percent under NYLL, and one hundred percent
after April 9, 2011 under New York Wage Theft Prevention Act, (8)
9% simple prejudgment interest provided by NYLL, (9) post-judgment
interest, and (10) attorney's fees and costs.
The Defendants have willfully and intentionally committed
widespread violations of the FLSA and NYLL by engaging in a
pattern and practice of failing to pay their employees, including
Plaintiffs, minimum wage for each hour worked and overtime
compensation for all hours worked over 40 each workweek. The
Defendants refused to record all of the time that Plaintiff and
similarly situated employees employed by Defendants work or
worked, including work done in excess of 40 hours each week.
Amazon.com, also called Amazon, is an American electronic commerce
and cloud computing company that was founded on July 5, 1994, by
Jeff Bezos and is based in Seattle, Washington.[BN]
The Plaintiff is represented by:
John Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Blvd., Suite 119
Flushing, NY 11355
Telephone: (718) 762 1324
ASTORIA FINANCIAL: Sued in N.Y. Over Proposed Sale to Sterling
--------------------------------------------------------------
Lucrezia A. Mastroserio, individually and on behalf of all others
similarly situated v. Astoria Financial Corporation, John R.
Chrin, John J. Corrado, Robert Giambrone, Gerard C. Keegan, Brian
M. Leeney, Patricia M. Nazemetz, Ralph F. Palleschi, Monte N.
Redman, and Sterling Bancorp, Case No. 603480/2017 (N.Y. Sup. Ct.,
April 21, 2017), is brought on behalf of all public stockholders
of Astoria Financial Corporation to enjoin the Board's decision to
sell Astoria to Sterling at approximately $2.2 billion, for an
inadequate consideration to the detriment of the Company's public
stockholders following a flawed sales process.
According to the complaint, the Defendants breached their
fiduciary duties and aided and abetted said breach to Astoria
stockholders, when they caused the materially false and misleading
S-4 to be filed with the U.S. Securities and Exchange Commission.
Intended to solicit stockholder approval of the Proposed
Transaction, the S-4 fails to include all material information
concerning, (i) the existence of restrictive standstill provisions
preventing previously interested parties from submitting a
superior offer for the Company; (ii) the unfair sales process that
resulted in the Proposed Transaction; (iii) the inputs and
assumptions underlying the valuation analyses prepared by Sandler
O'Neill & Partners, L.P. Astoria's financial advisor in the
Proposed Transaction, in connection with rendering its fairness
opinion to the Board; and (iv) the projections for the Company's
future financial performance, as used by Sandler to support its
fairness findings. As a result, Astoria's stockholders are unable
to make a fully informed decision as to whether to approve the
Proposed Transaction.
Astoria Financial Corporation through its subsidiary Astoria Bank,
attracts retail deposits from the general public and businesses
and invests that money primarily in multi-family and commercial
real estate loans. [BN]
The Plaintiff is represented by:
Shane T. Rowley, Esq.
LEVI & KORSINSKY, LLP
30 Broad Street, 24th Floor
New York, NY 10004
Telephone: (212) 363-7500
Facsimile: (212) 363-7171
E-mail: srowley@zlk.com
B.S.P. LINES: "Bell" Suit Seeks Unpaid OT Wage Under Labor Code
---------------------------------------------------------------
Johnny Bell, on behalf of himself and all others similarly
situated, and the general public, the Plaintiff, v. B.S.P. Lines
Inc., a California corporation, Special Dispatch of California,
Inc., a California corporation, and DOES 1 through 100, inclusive,
the Defendants, Case No. RG17859198 (Cal. Super. Ct., May 5,
2017), seeks to recover unpaid balance of the full amount of the
unpaid overtime compensation, including interest, reasonable
attorney's fees, and costs of suit, pursuant to the Labor Code.
The Plaintiff began working for Defendants as a driver in April
2016. While working for Defendants, Plaintiffs job duties included
but were not limited to picking up and delivering packages.
The Plaintiff and Class Members were not paid for overtime hours
despite routinely and consistently working more than 8 hours per
day and 40 hours per week. Instead, Plaintiff and Class Members
were paid the same "salary" regardless of the number of hours
actually worked. Defendants' policy and practice of not
maintaining time records for its employees violates California law
on its face. Defendants' failure to record hours also resulted in
substantial off-the-clock work, including overtime hours, since
employees were required to work shifts in excess-of 8 hours per
day and sometimes in excess of 12 hours per day. Defendants'
failure to pay for all hours worked, including overtime hours,
resulted in part from Defendants' failure to record all hours
worked. Defendants' failure to pay for all hours worked, including
overtime hours, resulted in payroll records such as wage
statements that were not accurate or legally compliant, in
violation of California Labor Code.
BSP is in the transportation staffing/services industry.[BN]
The Plaintiff is represented by:
Stephen Noel Ilg, Esq.
Tracy T. Scanlan, Esq.
Frank J. Zeccola, Esq.
ILG LEGAL OFFICE, P.C.
505 14th Street, Ninth Floor
Oakland, CA 94612
Telephone: (415) 580 2574
Facsimile: (415) 735 3454
E-mail: silg@ilglegal.com
tscanlan@ilglegal.com
fzeccola@ilglegal.com
B&J HOSPITALITY: Faces "Spinks" Suit Over Failure to Pay Overtime
-----------------------------------------------------------------
Dennis Spinks, individually and on behalf of all others similarly
situated v. B&J Hospitality D/B/A Holiday Inn Express, Case No.
2:17-cv-00345 (E.D. Tex., April 21, 2017), is brought against the
Defendants for failure to pay overtime wages in violation of the
Fair Labor Standards Act.
Headquartered at 1030 East Palestine Avenue, Palestine, Texas
75801, B&J Hospitality is engaged in the hotels and motels
business. [BN]
The Plaintiff is represented by:
Bob Whitehurst, Esq.
WHITEHURST LAW FIRM
5380 Old Bullard Road Suite 600, #363
Tyler, TX 75703
Telephone: (903) 593-5588
E-mail: whitehurstlawfirm@yahoo.com
BOCA WEST COUNTRY CLUB: Faces "Calmes Suit in S.D. Florida
----------------------------------------------------------
A class action lawsuit has been filed against BOCA WEST COUNTRY
CLUB, INC. The case is entitled as Frank Calmes, individually and
on behalf of all others similarly situated, the Plaintiff, v. BOCA
WEST COUNTRY CLUB, INC., a Florida Not For Profit Corporation; BW-
INV LLC, a Florida Limited Liability Company; Jerold Glassman;
PHILIP KUPPERMAN; and Larry Corman, the Defendants, Case No. 9:17-
cv-80574-RLR (S.D. Fla., May 5, 2017). The case is assigned to the
Hon. Judge Robin L. Rosenberg.
Boca West is private equity owned clubs, spanning 1400 acres of
lush tropical landscaping with an array of residences.[BN]
The Plaintiff is represented by:
Ronald Scott Kaniuk, Esq.
KANIUK LAW OFFICE
301 Yamato Road, Suite 2121
Boca Raton, FL 33431
Telephone: (561) 292 2127
E-mail: ron@kaniuklawoffice.com
BOK FINANCIAL: Settlement of BOKF NA Complaint Still Ongoing
------------------------------------------------------------
BOK Financial Corporation disclosed in its Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarterly
period ended March 31, 2017 that settlement for the class action
against its wholly owned subsidiary bank (BOKF, NA) is being
implemented.
In March 3, 2015, the Company and BOKF were named as defendants in
a class action alleging (1) that the manner in which the Bank
posted charges to its consumer deposit accounts was improper from
September 1, 2011 through July 8, 2014, the period after which the
Bank and BOK Financial had settled a class action respecting a
similar claim, and before it made changes to its posting order;
and (2) that the manner in which the Bank posted charges to its
small business deposit accounts was improper from July 9, 2009
through July 8, 2014.
Following mediation of the case in August 2016, the Class
Representatives and the Bank reached a settlement of the action
for US$7.8 million.
The Settlement has been approved by the Court in a final order,
the Company has funded the settlement, and the settlement is being
implemented.
BOK Financial Corporation, a financial holding company, operates
BOKF, NA that provides various financial products and services in
Oklahoma, Texas, New Mexico, Northwest Arkansas, Colorado,
Arizona, and Kansas/Missouri. It operates through three segments:
Commercial Banking, Consumer Banking, and Wealth Management. The
Company was founded in 1910 and is headquartered in Tulsa,
Oklahoma.
BOK FINANCIAL: Unit Still Defends in Various Bondholders Suits
--------------------------------------------------------------
BOK Financial Corporation's wholly owned subsidiary bank (BOKF,
NA) continues to defend itself in various lawsuits filed by
bondholders, according to the Company's Form 10-Q filing with the
U.S. Securities and Exchange Commission for the quarterly period
ended March 31, 2017.
On June 24, 2015, BOKF received a complaint alleging that an
employee had colluded with a bond issuer and an individual in
misusing revenues pledged to municipal bonds for which the Bank
served as trustee under the bond indenture. The Company conducted
an investigation and concluded that employees in one of its
Corporate Trust offices had, with respect to a single group of
affiliated bond issuances, violated Company policies and
procedures by waiving financial covenants, granting forbearances
and accepting without disclosure to the bondholders, debt service
payments from sources other than pledged revenues.
The relationship manager was terminated. The Company reported the
circumstances to, and cooperated with an investigation by, the
Securities and Exchange Commission ("SEC").
On December 28, 2015, in an action brought by the SEC, the United
States District Court for the District of New Jersey entered a
judgment against the principals involved in issuing the bonds,
precluding the principals from denying the alleged violations of
the federal securities laws and requiring the principals to pay
all outstanding principal, accrued interest, and other amounts
required under the bond documents (estimated to be approximately
$73 million, less the value of the facilities securing repayment
of the bonds), subject to oversight by a court appointed monitor.
On September 7, 2016, the Bank agreed, and the SEC entered, a
consent order finding that the Bank had violated Section 17(a) of
the Securities Act of 1933 and Section 10(b) of the Securities
Exchange Act and requiring the Bank to disgorge $1,067,721 of fees
and pay a civil penalty of $600,000. The Bank has disgorged the
fees and paid the penalty.
On August 26, 2016, the Bank was sued in the United States
District Court for New Jersey by two bondholders in a putative
class action on behalf of all holders of the bonds alleging the
Bank participated in the fraudulent sale of securities by the
principals.
On September 14, 2016, the Bank was sued in the District Court of
Tulsa County, Oklahoma by 19 bondholders alleging the Bank
participated in the fraudulent sale of securities by the
principals.
The Company disclosed in its Form 10-Q that management has been
advised by counsel that the Bank has valid defenses to the claims.
The Bank expects the Court ordered payment plan will result in the
payment of the bonds by the principals. Accordingly, no loss is
probable at this time and no provision for loss has been made. If
the payment plan does not result in payment of the bonds, a loss
could become probable. A reasonable estimate cannot be made at
this time though the amount could be material to the Company.
On March 14, 2017, the Bank was sued in the United States District
Court for the Northern District of Oklahoma by bondholders in a
second putative class action. The bondholders in this second
action allege two individuals purchased facilities from the
principals who are the subject of the SEC New Jersey proceedings
by means of the fraudulent sale of US$60 million of municipal
securities for which the Bank also served as indenture trustee.
The bondholders allege the Bank failed to disclose that the seller
of the purchased facilities had engaged in the conduct complained
of in the New Jersey action. The Bank properly performed all
duties as indenture trustee of this second set of municipal
securities, timely commenced proceedings against the issuer of the
securities when default occurred, is cooperating with the SEC in
actions against the two principals, is not a target of the SEC
proceedings, and has been advised by counsel that the Bank has
valid defenses to the claims of these bondholders. According to
the Company, it is the opinion of management that no loss is
probable at this time.
BOK Financial Corporation, a financial holding company, operates
BOKF, NA that provides various financial products and services in
Oklahoma, Texas, New Mexico, Northwest Arkansas, Colorado,
Arizona, and Kansas/Missouri. It operates through three segments:
Commercial Banking, Consumer Banking, and Wealth Management. The
Company was founded in 1910 and is headquartered in Tulsa,
Oklahoma.
BUFFALO, NY: Faces "McGowan" Suit in New York State Court
---------------------------------------------------------
A class action lawsuit has been filed against City of Buffalo.
The case is captioned as MCGOWAN, EDWARD, ON BEHALF OF HIMSELF AND
OTHERS SIMILARLY SITUATED, the Plaintiff, v. CITY OF BUFFALO, the
Defendant, Case No. 807718/2016 (N.Y. Sup. Ct., May 8, 2017). The
case is assigned to the Hon. Judge E. Jeannette Ogden.
Buffalo is a city on the shores of Lake Erie in upstate New York.
Its fine neoclassical, beaux arts and art deco architecture speaks
to its history as an industrial capital in the early 20th
century.[BN]
The Plaintiff is represented by:
CREIGHTON, JOHNSEN & GIROUX
295 Main St., Ste 560
Buffalo, NY 14203
Telephone: (716) 854 0007
The Defendant is represented by:
BUFFALO CORPORATION COUNSEL
1100 City Hall
Buffalo, NY 14202
Telephone: (716) 851 4333
CAMBRIDGE SIERRA: "Lyter" Suit Moved from Super. Ct. to C.D. Cal.
-----------------------------------------------------------------
The class action lawsuit titled Jane Lyter, an individual, and all
other similarly situated employees, the Plaintiff, v. DOES
1 through 50, inclusive, Movant, and Cambridge Sierra Holdings,
LLC, a Florida limited liability company, dba Reche Canyon
Regional Rehab Center, the Defendant, Case No. BC655010, was
removed on May 5, 2017 from Los Angeles Superior Court, to the
U.S. District Court for the Central District of California
(Western Division - Los Angeles). The District Court Clerk
assigned Case No. 2:17-cv-03435 to the proceeding.[BN]
The Plaintiff appears pro se.
CAPITAL MANAGEMENT: Faces "Kraus" Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Capital Management
Services, L.P. The case is styled as Blima Kraus, on behalf of
herself and all other similarly situated consumers, the Plaintiff,
v. Capital Management Services, L.P., the Defendant, Case No.
1:17-cv-02747 (E.D.N.Y., May 5, 2017).
Capital Management, a collections agency, provides delinquent
receivables resolutions.[BN]
The Plaintiff is represented by:
Adam Jon Fishbein, Esq.
ADAM J. FISHBEIN, P.C.
735 Central Avenue
Woodmere, NY 11598
Telephone: (516) 668 6945
E-mail: fishbeinadamj@gmail.com
CARSURE LLC: Faces "Kundinger" Suit in W.D. Wisconsin
-----------------------------------------------------
A class action lawsuit has been filed against CarSure, LLC. The
case is entitled as Linda Kundinger, Individually and on behalf of
all others similarly situated, the Plaintiff, v. CarSure, LLC, A
Texas Limited Liability Company, the Defendant, Case No. 3:17-cv-
00343 (W.D. Wisc., May 9, 2017).[BN]
The Plaintiff is represented by:
Adam J Levitt, Esq.
DICELLO LEVITT & CASEY LLC
Ten N. Dearborn St., 11th FL.
Chicago, IL 60602
Telephone: (312) 214 7900
E-mail: alevitt@dlcfirm.com
- and -
Bruce A. Schultz, Esq.
COYNE, SCHULTZ, BECKER & BAUER, S.C.
150 E. Gilman St., Suite 1000
Madison, WI 53703
Telephone: (608) 255 1388
Facsimile: (608) 255 8592
E-mail: bschult@cnsbb.com
CAVALRY PORTFOLIO: Faces "Nedd" Suit in E.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Cavalry Portfolio
Services LLC. The case is captioned as Wynette Nedd, on behalf of
herself and all other similarly situated consumers, the Plaintiff,
v. Cavalry Portfolio Services LLC, the Defendant, Case No. 1:17-
cv-02725 (E.D.N.Y., May 5, 2017).
Founded in 1998, Cavalry Portfolio is a leader in the management
of non-performing consumer loan portfolios.[BN]
The Plaintiff appears pro se.
CHEMED CORP: VITAS Segment Still Faces Seper's Lawsuit
------------------------------------------------------
Chemed Corporation's VITAS segment in California continues to face
registered nurse Jordan Seper's work-related class action lawsuit,
according to the Company's Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
March 31, 2017.
Jordan Seper, a registered nurse at VITAS' Inland Empire program
from May 12, 2014 to March 21, 2015, filed a lawsuit in San
Francisco Superior Court on September 26, 2016. She alleged VITAS
Healthcare Corp of CA ("VITAS CA") (1) failed to provide minimum
wage for all hours worked; (2) failed to provide overtime for all
hours worked; (3) failed to provide a second meal period; (4)
failed to provide rest breaks; (5) failed to indemnify for
necessary expenditures; (6) failed to timely pay wages due at time
of separation; and (7) engaged in unfair business practices.
Seper seeks a state-wide class action of current and former non-
exempt employees employed with VITAS in California within the four
years preceding the filing of the lawsuit. She seeks court
determination that this action may be maintained as a class action
for the entire California class and subclasses, designation as
class representative, declaratory relief, injunctive relief,
damages (including wages for regular or overtime hours allegedly
worked but not paid, premium payments for missed meal or rest
periods, and unreimbursed expenses), all applicable penalties
associated with each claim, pre and post-judgment interest, and
attorneys' fees and costs.
Seper served VITAS CA with the lawsuit, Jordan A. Seper on behalf
of herself and others similarly situated v. VITAS Healthcare
Corporation of California, a Delaware corporation; VITAS
Healthcare Corp of CA, a business entity unknown; and DOES 1 to
100, inclusive; Los Angeles Superior Court Case Number BC 642857
on October 13, 2016.
On November 14, 2016, the Parties filed a Stipulation to transfer
the venue of the lawsuit from San Francisco to Los Angeles. The
Los Angeles Superior Court accepted transfer of the case on
December 6, 2016.
On December 16, 2016, VITAS CA filed its Answer and served written
discovery on Seper.
Chemed Corporation provides hospice and palliative care services
in the United States. It operates through two segments, VITAS and
Roto-Rooter. The Company offers its services to patients through
a network of physicians, registered nurses, home health aides,
social workers, clergy, and volunteers. It also provides
plumbing, drain cleaning, water restoration, and other related
services to residential and commercial customers. The Company was
founded in 1970 and is headquartered in Cincinnati, Ohio.
CHEMED CORP: Chhina's Class Action vs. VITAS Still Ongoing
----------------------------------------------------------
Chemed Corporation's VITAS segment in California continues to face
a class action lawsuit filed by Jiwan Chhina on September 27, 2016
in San Diego Superior Court, according to the Company's Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarterly period ended March 31, 2017.
Chhina, hired by VITAS as a Home Health Aide on February 5, 2002,
is currently a Licensed Vocational Nurse for VITAS' San Diego
program.
Chhina filed the lawsuit alleging (1) failure to pay minimum wage
for all hours worked; (2) failure to provide overtime for all
hours worked; (3) failure to pay wages for all hours at the
regular rate; (4) failure to provide meal periods; (5) failure to
provide rest breaks; (6) failure to provide complete and accurate
wage statements; (7) failure to pay for all reimbursement
expenses; (8) unfair business practices; and (9) violation of the
California Private Attorneys General Act.
Chhina seeks to pursue these claims in the form of a state-wide
class action of current and former non-exempt employees employed
with VITAS in California within the four years preceding the
filing of the lawsuit. He seeks court determination that this
action may be maintained as a class action for the entire
California class and subclasses, designation as class
representative, declaratory relief, injunctive relief, damages
(including wages for regular or overtime hours allegedly worked
but not paid, premium payments for missed meal or rest periods,
and unreimbursed expenses), all applicable penalties associated
with each claim, pre-judgment interest, and attorneys' fees and
costs.
Chhina served VITAS CA with the lawsuit, Jiwann Chhina v. VITAS
Health Services of California, Inc., a California corporation;
VITAS Healthcare Corporation of California, a Delaware
corporation; VITAS Healthcare Corporation of California, a
Delaware corporation dba VITAS Healthcare, Inc.; and DOES 1 to
100, inclusive; San Diego Superior Court Case Number 37-2015-
00033978-CU-OE-CTL on November 3, 2016.
On December 1, 2016, VITAS filed its Answer and served written
discovery on Chhina.
Chemed Corporation provides hospice and palliative care services
in the United States. It operates through two segments, VITAS and
Roto-Rooter. The Company offers its services to patients through
a network of physicians, registered nurses, home health aides,
social workers, clergy, and volunteers. It also provides
plumbing, drain cleaning, water restoration, and other related
services to residential and commercial customers. The Company was
founded in 1970 and is headquartered in Cincinnati, Ohio.
CITI STAFF: Fails to Pay OT & Regular Wages, "Gonzalez" Suit Says
-----------------------------------------------------------------
JUAN GONZALEZ, individually and on behalf of all others similarly
situated, the Plaintiffs, v. CITI STAFF SOLUTIONS, INC., a
California Corporation; CAL-COAT CORPORATION, a California
Corporation, doing business as FLETCHER COATING COMPANY; and
DOES 1-50, inclusive, the Defendants, Case No. 30-2017-00918682-
CU-OE-CXC (Cal. Super. Ct., May 5, 2017), seeks restitution and/or
disgorgement of sums for Defendants' past failure to pay overtime
and regular wages, and premium wages for meal and rest periods
that were not provided to Plaintiffs and Class Members over the
last four years, pursuant to the California Labor Code.
According to the complaint, Defendants consistently maintained and
enforced against its Non-Exempt Employees unlawful practices and
policies in violation of California state wage and hour laws,
including failing to lawfully provide meal and rest periods and
failing to accurately pay all employees premium wages for each day
on which a meal or rest period violation occurred. The Defendants
also implemented policies and practices leading to the nonpayment
of overtime wages.
Cal-Coat Corporation is a mid-sized organization in the metal
coating and allied services industry.[BN]
The Plaintiffs are represented by:
James R. Hawkins, Esq.
Christina M. Lucio, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92618
Telephone: (949) 387-7200
Facsimile: (949) 387-6676
E-mail: Christina@Jameshawkinsaplc.com
James@Jameshawkinsaplc.com
CLIENT SERVICES: Faces "Franco" Suit in Eastern Dist. of New York
-----------------------------------------------------------------
A class action lawsuit has been filed against Client Services,
Inc. The case is captioned as Elliot Franco, on behalf of himself
and all others similarly situated, the Plaintiff, v. Client
Services, Inc., the Defendant, Case No 1:17-cv-02507 (E.D.N.Y.,
Apr. 26, 2017).
Client Services is a full service accounts receivable management
firm offering a diverse selection of collection and recovery
solutions.[BN]
The Plaintiff is represented by:
Alan J Sasson, Esq.
LAW OFFICE OF ALAN J. SASSON, P.C.
2687 Coney Island Avenue, 2nd Floor
Brooklyn, NY 11235
Telephone: (718) 339 0856
Facsimile: (347) 244 7178
E-mail: alan@sassonlaw.com
COLGATE-PALMOLIVE: Court Denies Bid to Dismiss ERISA Class Suit
---------------------------------------------------------------
A motion to dismiss a putative class action against Colgate-
Palmolive Company, among other defendants, relating to Employee
Retirement Income Security Act (ERISA) was denied in February
2017, according to the Company's Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
March 31, 2017.
In June 2016, the putative class action was filed against the
Colgate-Palmolive Company Employees' Retirement Income Plan (the
"Plan"), the Company and certain individuals (the "Company
Defendants") in the United States District Court for the Southern
District of New York claiming that residual annuity payments made
to certain participants in the Plan did not comply with the ERISA.
The Company Defendants filed a motion to dismiss this action,
which was denied in February 2017.
This action has not yet been certified as a class action. The
relief sought includes recalculation of benefits, pre- and post-
judgment interest, and attorneys' fees.
The Company is contesting this action vigorously.
Colgate-Palmolive Company, together with its subsidiaries,
manufactures and sells consumer products worldwide. It operates
through two segments, Oral, Personal and Home Care; and Pet
Nutrition. The Company was founded in 1806 and is headquartered
in New York, New York.
COLLECTO INC: Faces "Gonzalez" Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Collecto, Inc. The
case is styled as Brian Gonzalez, on behalf of himself and all
others similarly situated, the Plaintiff, v. Collecto, Inc., doing
business as: EOS CCA, Inc. d/b/a EOS CCA, Inc., the Defendant,
Case No. 1:17-cv-02793 (E.D.N.Y., May 8, 2017).
Collecto operates as a debt management and recovery resource
company. It offers receivables collection service.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
JOSEPH H. MIZRAHI LAW, P.C.
337 Avenue W, Suite 2f
Brooklyn, NY 11223
Telephone: (917) 299 6612
Facsimile: (347) 665 1545
E-mail: jmizrahilaw@gmail.com
CONVERGENT OUTSOURCING: Faces "Strecker" Suit in E.D.N.Y.
---------------------------------------------------------
A class action lawsuit has been filed against Convergent
Outsourcing, Inc. The case is captioned as Robin Strecker, also
known as: Robin Fusc, individually and on behalf of all others
similarly situated, the Plaintiff, v. Convergent Outsourcing,
Inc., the Defendants, Case No. 2:17-cv-02746 (E.D.N.Y., May 5,
2017).
Convergent Outsourcing offers business process outsourcing,
revenue cycle, and receivables management services.[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
CONVERGENT OUTSOURCING: Faces "Coleman" Suit in E.D.N.Y.
--------------------------------------------------------
A class action lawsuit has been filed against Convergent
Outsourcing, Inc. The case is captioned as Pamela Coleman,
individually and on behalf of all others similarly situated, the
Plaintiff, v. Convergent Outsourcing, Inc., the Defendant, Case
No. 2:17-cv-02811 (E.D.N.Y., May 9, 2017).
Convergent Outsourcing offers business process outsourcing,
revenue cycle, and receivables management services.[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
CREDENCE RESOURCE: Faces "Parker" Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Credence Resource
Management LLC. The case is styled as Chardee Parker, individually
and on behalf of all others similarly situated, the Plaintiff, v.
Credence Resource Management LLC, the Defendant, Case No. 2:17-cv-
02807 (E.D.N.Y., May 9, 2017).
CRM offers right-shore solutions leveraging arbitrage and
technology to produce a hybrid engagement model that permits
intensive efforts to improve liquidation performance while being
sensitive to customer experience and regulatory compliance.[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
CREDIT PROTECTION: Faces "Moreno" Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Credit Protection
Association, L.P. The case is titled as Gladys Moreno, on behalf
of herself and all others similarly situated, the Plaintiff, v.
Credit Protection Association, L.P., the Defendant, Case No. 1:17-
cv-02778 (E.D.N.Y., May 8, 2017).
Credit Protection specializes in low-balance, high-volume
collections in cable and home video markets.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
JOSEPH H. MIZRAHI LAW, P.C.
337 Avenue W, Suite 2f
Brooklyn, NY 11223
Telephone: (917) 299 6612
Facsimile: (347) 665 1545
E-mail: jmizrahilaw@gmail.com
DEBT RECOVERY: Faces "Drake" Suit in Eastern Dist. of New York
--------------------------------------------------------------
A class action lawsuit has been filed against Debt Recovery
Solutions, LLC. The case is entitled as Christopher Drake,
individually and on behalf of all others similarly situated, the
Plaintiff, v. Debt Recovery Solutions, LLC, the Defendant, Case
No. 2:17-cv-02769 (E.D.N.Y., May 8, 2017).
Debt Recovery is a debt collection agency.[BN]
The Plaintiff appears pro se.
DHC BUSINESS: Faces "Neumeyer" Suit in Northern District of Ohio
----------------------------------------------------------------
A class action lawsuit has been filed against DHC Business
Solutions. The case is styled as Daniel Neumeyer, Individually and
on behalf of all others similarly situated, the Plaintiff, v. DHC
Business Solutions, Ascension Services, L.P., and John Does 1-25,
the Defendants, Case No. 3:17-cv-00957-JZ (N.D. Ohio, May 5,
2017). The case is assigned to the Hon. Judge Jack Zouhary.
DHC Business is a Germany-based technology and services company
offering state-of-the-art business software and consulting
services.[BN]
The Plaintiff is represented by:
Yitzchak Zelman, Esq.
MARCUS ZELMAN
1500 Allaire Avenue, Ste. 101
Ocean, NJ 07712
Telephone: (732) 695 3282
Facsimile: (732) 298 6256
DR PEPPER: "Hashemi" Suit Transferred from C.D. Cal. to N.D. Cal.
-----------------------------------------------------------------
The class action lawsuit titled Arash Hashemi, Natasha Safaradi,
and Patrick Gilburt, individually and on behalf of all others
similarly situated, the Plaintiffs, v. Dr Pepper Snapple Group,
Inc. and Dr Pepper/Seven Up, Inc., Case No. 2:17-cv-02042, was
transferred on April 26, 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 (Oakland). The District Court
Clerk assigned Case No. 4:17-cv-02341-SBA to the proceeding. The
case is assigned to the Hon. Judge Saundra Brown Armstrong.
Dr Pepper Snapple is an American soft drink company, based in
Plano, Texas.[BN]
The Plaintiffs are represented by:
Barbara Ann Rohr, Esq.
Benjamin Heikali, Esq.
FARUQI AND FARUQI, LLP
10866 Wilshire Boulevard, Suite 1470
Los Angeles, CA 90024
Telephone: (424) 256 2884
Facsimile: (424) 256 2885
E-mail: brohr@faruqilaw.com
Bheikali@faruqilaw.com
The Defendants are represented by:
Jonathan A Shapiro, Esq.
WILMER CUTLER PICKERING HALE AND DORR
1117 California Ave.
Palo Alto, CA 94304
Telephone: (650) 858 6000
EL RANCHO: "Taborda" Suit Seeks to Recover Unpaid Wages
-------------------------------------------------------
Jhon David Guevara Taborda, on behalf of himself and others
similarly situated v. El Rancho De Andres Carne De Tres, Inc.,
Harold Canon and Diana Vargas, Case No. 1:17-cv-02388-DLI-JO
(E.D.N.Y., April 21, 2017), seeks to recover unpaid minimum wages,
unpaid overtime compensation, liquidated damages, prejudgment and
post-judgment interest, and attorneys' fees and costs pursuant to
the Fair Labor Standards Act.
The Defendants own and operate Andres Carne de Tres restaurant
located at 5105 581h Street, Woodside, New York. [BN]
The Plaintiff is represented by:
Justin Cilenti, Esq.
Peter H. Cooper, Esq.
CILENTI & COOPER, PLLC
708 Third Avenue - 6th Floor
New York, NY 10017
Telephone: (212) 209-3933
Facsimile: (212) 209-7102
E-mail: jcilenti@jcpclaw.com
pcooper@jcpclaw.com
FCA US: Faces "Russell" Suit in Southern District of Mississippi
----------------------------------------------------------------
A class action lawsuit has been filed against FCA US LLC. The case
is titled as Elizabeth A. Russell, individually, and on behalf of
a class of similarly situated individuals, the Plaintiff, v. FCA
US LLC, a Delaware limited liability company, the Defendant, Case
No. 3:17-cv-00303-DPJ-FKB (S.D. Miss., Apr. 26, 2017). The case is
assigned to the Hon. District Judge Daniel P. Jordan, III.
FCA US, also known as Fiat Chrysler or simply Chrysler, is the
American subsidiary of Fiat Chrysler Automobiles N.V., an Italian
controlled automobile manufacturer registered in the Netherlands.
[BN]
The Plaintiff is represented by:
John B. Rowley, Esq.
HONEA LAW FIRM, PLLC
209 Apache Drive
McComb, MS 39648
Telephone: (601) 250 5687
Facsimile: (601) 250 5690
E-mail: benrowley5@gmail.com
- and -
Macy D. Hanson, Esq.
THE LAW OFFICE OF
MACY D. HANSON, PLLC
102 First Choice Drive
Madison, MS 39210
Telephone: (601) 853 9521
Facsimile: (601) 853 9327
E-mail: macy@macyhanson.com
FIFTH AVENUE: Faces "Vazquez" Suit Over Failure to Pay Overtime
---------------------------------------------------------------
Elodia Vazquez, individually and on behalf of others similarly
situated v. Fifth Avenue Men's Suits LLC (d/b/a Fifth Avenue Men's
Suits), Designer Men's Suits Inc. (d/b/a Fifth Avenue Men's Suits)
and Amir Hassan, Case No. 1:17-cv-02923 (S.D.N.Y., April 21,
2017), is brought against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standards Act.
The Defendants men's clothing outlet store is located at 605 Fifth
Avenue, 3rd floor, New York, NY, 10017. [BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, PC
60 East 42nd Street, Suite 2540
New York, NY 10165
Telephone: (212) 317-1200
E-mail: Michael@Faillacelaw.com
FIRST HAWAIIAN: Unit Faces Class Action Suit on Trade Practices
---------------------------------------------------------------
First Hawaiian, Inc.'s subsidiary is facing a purported class
action lawsuit for alleged deceptive and unjust trade practices,
according to the Company's Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
March 31, 2017.
On January 27, 2017, a purported class action lawsuit was filed by
a Bank customer alleging that wholly-owned subsidiary First
Hawaiian Bank (FHB) improperly charges an overdraft fee in
circumstances where an account has sufficient funds to cover the
transaction at the time a transaction is authorized by the
customer but not at the time the transaction is posted, and that
this practice constitutes an unjust and deceptive trade practice.
The lawsuit further alleges that FHB's practice of assessing a
one-time continuous negative balance overdraft fee on accounts
remaining in a negative balance for a seven-day period constitutes
a usurious interest charge and an unfair and deceptive trade
practice.
This lawsuit is similar to lawsuits filed against other financial
institutions pertaining to available balance overdraft fee
disclosures and continuing negative balance overdraft fees.
According to the Company, the outcome of this legal proceeding is
uncertain at this point because of the many questions of fact and
law that may arise in the future. Based on information available
to the Company at present, the Company cannot reasonably estimate
a range of potential loss, if any, for this action because, among
other things, its potential liability depends on whether a class
is certified and, if so, the composition and size of any such
class, the applicable time period at issue, as well as an
assessment of the appropriate measure of damages if the Company
were to be found liable. Accordingly, the Company has not
recognized any liability associated with this action. Management
disputes any wrongdoing and the case is being vigorously defended.
First Hawaiian, Inc. operates as a bank holding company for First
Hawaiian Bank that provides banking services to consumer and
commercial customers in the United States. It operates through
Retail Banking and Commercial Banking segments. It was formerly
known as BancWest Corporation and changed its name to First
Hawaiian, Inc. in April 2016. The Company was founded in 1874 and
is headquartered in Honolulu, Hawaii. First Hawaiian, Inc. is a
subsidiary of BancWest Corporation.
FIRSTSOURCE ADVANTAGE: Faces "Sompolinsky" Suit in E.D. New York
----------------------------------------------------------------
A class action lawsuit has been filed against Firstsource
Advantage, LLC. The case is titled as Berel Sompolinsky, on behalf
of himself and all other similarly situated consumers, the
Plaintiff, v. Firstsource Advantage, LLC, the Defendant, Case No.
1:17-cv-02736 (E.D.N.Y., May 5, 2017).
Firstsource Advantage, LLC provides innovative debt collections
services to the leading credit card issuers, financial
institutions, and healthcare providers.[BN]
The Plaintiff is represented by:
Adam Jon Fishbein, Esq.
ADAM J. FISHBEIN, P.C.
735 Central Avenue
Woodmere, NY 11598
Telephone: (516) 668 6945
E-mail: fishbeinadamj@gmail.com
FLAGSHIP CREDIT: Ward Sues Over Automated and Pre-Recorded Calls
----------------------------------------------------------------
Robert Ward, on behalf of himself and all others similarly
situated, the Plaintiff, v. Flagship Credit Acceptance LLC, the
Defendant, Case No. 2:17-cv-02069-MMB (E.D. Pa., May 5, 2017),
alleges that the Defendant negligently, knowingly, and/or
willfully placed automated and prerecorded calls to Plaintiff's
cellular phone in violation of the Telephone Consumer Protection
Act (TCPA).
Flagship is an automobile loan financer which specializes in the
acquisition, issuance and servicing of prime to subprime
automotive retail installment contracts. As part of its
acquisition and servicing of automotive retail installment
contracts, it uses robo-dialing systems to bombard unsuspecting
consumers who have no relationship with it with robocalls and
prerecorded messages.
The Plaintiff is not a Flagship customer yet has been bombarded
with autodialed and pre-corded calls made without his consent and
over his objection. The Plaintiff seeks relief for himself and all
others similarly situated for Flagship's unlawful behavior.
Flagship Credit, an automobile finance company, specializes in
purchasing retail installment contracts from automobile
dealerships.[BN]
The Plaintiff is represented by:
Sergei Lemberg, Esq.
LEMBERG LAW, LLC
43 Danbury Road, 3rd Floor
Wilton, CT 06897
Telephone: (203) 653 2250
Facsimile: (203) 653 3424
FORSTER & GARBUS: Faces "Elia" Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Forster and Garbus
LLP. The case is captioned as Tikva Elia, on behalf of herself and
all others similarly situated, the Plaintiff. v. Forster & Garbus
LLP, the Defendant, Case No. 1:17-cv-02824 (E.D.N.Y., May 9,
2017).
Forster and Garbus is a full service New York Law Firm
concentrating on creditor's rights law since 1970.[BN]
The Plaintiff appears pro se.
FRANKLIN RESOURCES: Still Defends Class Suit over ERISA Breach
--------------------------------------------------------------
Franklin Resources, Inc. continues to face a putative class action
lawsuit alleging Employee Retirement Income Security Act (ERISA)
violations, according to the Company's Form 10-Q filing with the
U.S. Securities and Exchange Commission for the quarterly period
ended March 31, 2017.
On July 28, 2016, the lawsuit captioned Cryer v. Franklin
Resources, Inc., et al. was filed in the United States District
Court for the Northern District of California against Franklin,
the Franklin Templeton 401(k) Retirement Plan (the Plan)
Investment Committee, and unnamed Investment Committee members.
The plaintiff asserts a claim for breach of fiduciary duty under
ERISA, alleging that the defendants selected mutual funds
sponsored and managed by the Company (the Funds) as investment
options for the Plan when allegedly lower-cost and better
performing non-proprietary investment vehicles were available.
The plaintiff also claims that the total Plan costs, inclusive of
investment management and administrative fees, are excessive.
The plaintiff alleges that Plan losses exceed US$79.0 million and
seeks, among other things, damages, disgorgement, rescission of
the Plan's investments in the Funds, attorneys' fees and costs,
and pre- and post-judgment interest.
Franklin's motion to dismiss and motion for summary adjudication
were denied on January 17, 2017.
According to the Form 10-Q, management strongly believes that the
claims made in the lawsuit are without merit and intends to defend
against them vigorously. This matter is in the early stage of
litigation and Franklin cannot currently predict the eventual
outcome of the lawsuit or whether it will have a material negative
impact on the Company, or reasonably estimate the possible loss or
range of loss that may arise from any negative outcome.
Franklin Resources, Inc. is a publicly owned asset management
holding company. Through its subsidiaries, the firm provides its
services to individuals, institutions, pension plans, trusts, and
partnerships. It launches equity, fixed income, balanced, and
multi-asset mutual funds through its subsidiaries. The firm
invests in the public equity, fixed income, and alternative
markets. Franklin Resources, Inc. was founded in 1947 and is
based in San Mateo, California with an additional office in
Hyderabad, India.
FRONTLINE ASSET: Faces "Mack" Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Frontline Asset
Strategies, LLC. The case is titled as Kia Mack, individually and
on behalf of all others similarly situated, the Plaintiff, v.
Frontline Asset Strategies, LLC and LVNV Funding, LLC, the
Defendants, Case No. 7:17-cv-03438 (S.D.N.Y., May 9, 2017).
Frontline Asset is a debt collection agency.[BN]
FRONTLINE ASSET: Faces "Chen" Suit in Eastern Dist. of New York
---------------------------------------------------------------
A class action lawsuit has been filed against Frontline Asset
Strategies, LLC. The case is captioned as Emily Chen, on behalf of
herself and all others similarly situated, the Plaintiff, v.
Frontline Asset Strategies, LLC, the Defendant, Case No. 1:17-cv-
02731 (E.D.N.Y., May 5, 2017).
Frontline Asset is a debt collection agency.[BN]
The Plaintiff appears pro se.
GET IT NOW: Faces "Chavez" Suit in Minnesota Federal Court
----------------------------------------------------------
A class action lawsuit has been filed against Get It Now, LLC. The
case is captioned as Amber Chavez, on behalf of herself and all
others similarly situated, the Plaintiff, v. Get It Now, LLC,
doing business as: Home Choice, the Defendant, v. Case No. 0:17-
cv-01490-DWF-HB (D. Minn., May 5, 2017). The case is assigned to
the Hon. Judge Donovan W. Frank.
Get It Now is a nonresidential building operator located in
Minneapolis, Minnesota.[BN]
The Plaintiff is represented by:
Thomas J Lyons, Jr., Esq.
CONSUMER JUSTICE CENTER P.A.
367 Commerce Court
Vadnais Heights, MN 55127
Telephone: (651) 770 9707
Facsimile: (651) 704 0907
E-mail: tommy@consumerjusticecenter.com
- and -
Mark L Vavreck, Esq.
GONKO & VAVRECK, PLLC
401 N. Third Street, Suite 600
Minneapolis, MN 55401
Telephone: (612) 659 9500
E-mail: mvavreck@cgmvlaw.com
GLASS MOUNTAIN: Faces "Bryan" Suit in Eastern Dist. of New York
---------------------------------------------------------------
A class action lawsuit has been filed against Glass Mountain
Capital LLC. The case is styled as Michael Bryan, an individual;
on behalf of himself and all others similarly situated, the
Plaintiff, v. Glass Mountain Capital LLC, the Defendant, Case No.
2:17-cv-02727-JMA-AYS (E.D.N.Y., May 5, 2017). The case is
assigned to the Hon. Judge Joan M. Azrack.
GMC is a financial services firm.[BN]
The Plaintiff is represented by:
Abraham Kleinman, Esq.
KLEINMAN, LLC
626 RXR Plaza
Uniondale, NY 11556-0626
Telephone: (516) 522 2621
Facsimile: (888) 522 1692
E-mail: akleinman@kleinmanllc.com
GLOBAL CREDIT: Faces "Charleston" Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Global Credit &
Collection Corp. The case is titled as Nichole Charleston,
individually and on behalf of all others similarly situated, the
Plaintiff, v. Global Credit & Collection Corp., the Defendant,
Case No. 2:17-cv-02740 (E.D.N.Y., May 5, 2017).
Global Credit provides customer and account receivable management
services. The company also offers business process
outsourcing.[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
GOODRICH CORPORATION: Faces "Alikhan" Suit in Cal. State Court
--------------------------------------------------------------
A class action lawsuit has been filed against Goodrich
Corporation. The case is entitled as Daniel Jesus Alikhan, An
Individual, and on Behalf of Others Similarly Situated, the
Plaintiff, v. Goodrich Corporation, A Corporation, Hamilton
Sundstrand, A Corporation, d/b/a UTC Aerospace Systems, United
Technology Corporation, A Corporation, and Does 1 through 50,
Inclusive, the Defendants, Case No. BC660319 (Cal. Super. Ct., May
5, 2017).
Goodrich Corporation, formerly the B.F. Goodrich Company, was an
American aerospace manufacturing company based in Charlotte, North
Carolina.[BN]
The Plaintiff is represented by:
Matthew J. Matem, Esq.
MATERN LAW GROUP, PC
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
Facsimile: (310) 531 1901
Telephone: (310) 531 1900
E-mail: mmatem@matemlawgroup.com
HALLIBURTON CO: Gets Initial Court OK on Securities Suit Accord
---------------------------------------------------------------
Halliburton Company has received preliminary court approval on
March 31, 2017 of its agreement in principle to settle various
securities and related litigation, according to the Company's Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarterly period ended March 31, 2017.
In June 2002, a class action lawsuit was commenced against the
Company in federal court alleging violations of the federal
securities laws in connection with the Company's change in
accounting for revenue on long-term construction projects and
related disclosures. In the weeks that followed, approximately
twenty similar class actions were filed against the Company.
Several of those lawsuits also named as defendants several of the
Company's present or former officers and directors.
The class action cases were later consolidated, and the amended
consolidated class action complaint, styled Richard Moore, et al.
v. Halliburton Company, et al., was filed and served upon the
Company in April 2003. As a result of a substitution of lead
plaintiffs, the case was styled Archdiocese of Milwaukee
Supporting Fund (AMSF) v. Halliburton Company, et al. AMSF has
changed its name to Erica P. John Fund, Inc. (the Fund).
In June 2003, the lead plaintiffs filed a motion for leave to file
a second amended consolidated complaint, which was granted by the
court. In addition to restating the original accounting and
disclosure claims, the second amended consolidated complaint
included claims arising out of our 1998 acquisition of Dresser
Industries, Inc. and the Company's disclosures and reserves
relating to its asbestos liability exposure.
In April 2005, the court appointed new co-lead counsel and named
the Fund the new lead plaintiff, directing that it file a third
consolidated amended complaint and that we file our motion to
dismiss. The court held oral arguments on that motion in August
2005.
In March 2006, the court entered an order in which it granted the
motion to dismiss with respect to claims arising prior to June
1999 and granted the motion with respect to certain other claims
while permitting the Fund to re-plead some of those claims to
correct deficiencies in its earlier complaint.
In April 2006, the Fund filed its fourth amended consolidated
complaint. The Company filed a motion to dismiss those portions
of the complaint that had been re-pled, and in March 2007, the
court ordered that the case proceed against the Company and its
CEO.
In September 2007, the Fund filed a motion for class
certification. The district court issued an order in November
2008 denying the motion for class certification. The Fifth
Circuit Court of Appeals affirmed the district court's order
denying class certification. In June 2011, the United States
Supreme Court reversed the Fifth Circuit ruling and the case was
returned to the lower courts for further consideration.
In January 2012, the district court issued an order certifying the
class. In April 2013, the Fifth Circuit affirmed the district
court's order. In June 2014, the Supreme Court reversed the Fifth
Circuit and held that the Company entitled to rebut that
presumption of class member reliance by presenting evidence that
there was no impact on the Company's stock price from the alleged
misrepresentations. The Supreme Court vacated the Fifth Circuit's
decision and remanded for further proceedings consistent with the
Supreme Court decision.
In July 2015, the district court denied certification for the
plaintiff class with respect to five of the six dates upon which
the plaintiff claimed that disclosures correcting previously
misleading statements had been made that resulted in an impact to
the stock price. However, the district court certified the class
with respect to a disclosure made on December 7, 2001 regarding an
adverse jury verdict in an asbestos case that plaintiffs alleged
was corrective. The Company appealed the ruling to the Fifth
Circuit. The Fifth Circuit heard oral argument on the appeal in
August 2016 and its consideration of the appeal is suspended
pending finalization of the settlement discussed below.
In December 2016, the Company reached an agreement in principle to
settle this lawsuit, without any admission of liability and
subject to approval by the district court. The Company will fund
approximately US$54 million of the US$100 million settlement fund,
and its insurer will fund the balance.
As of March 31, 2017, the Company has accrued a liability of
US$100 million with an offsetting US$46 million insurance
receivable on its condensed consolidated balance sheets.
Plaintiff's counsel fees and costs will be awarded from the
settlement fund.
On March 31, 2017, the district court granted its order
preliminarily approving the settlement. The settlement remains
subject to final approval of the district court following notice
to class members.
The settlement resolves all pending cases other than Magruder v.
Halliburton Co., et al. (the Magruder case). The allegations
arise out of the same general events described above, but for a
later class period, December 8, 2001 to May 28, 2002. There has
been limited activity in the Magruder case. In March 2009, our
motion to dismiss was granted, with leave to re-plead; in March
2012, plaintiffs filed an amended complaint and in May 2012, the
Company filed another motion to dismiss, which remains pending.
The Company cannot predict the outcome or consequences of this
case, which it intends to vigorously defend.
Halliburton Company provides a range of services and products to
the upstream oil and natural gas industry worldwide. The Company
was founded in 1919 and is based in Houston, Texas.
HEALTHSOUTH CORP: Appeal on Stockholders Suit Dismissal Pending
---------------------------------------------------------------
The Supreme Court of Alabama has yet to schedule a hearing on the
plaintiffs' appeal to the dismissed stockholders lawsuit against
HealthSouth Corporation, according to the Company's Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarterly period ended March 31, 2017.
The Company has been named as a defendant in a lawsuit filed March
28, 2003 by several individual stockholders in the Circuit Court
of Jefferson County, Alabama, captioned Nichols v. HealthSouth
Corp. The plaintiffs allege that the Company, some of its former
officers, and its former investment bank engaged in a scheme to
overstate and misrepresent its earnings and financial position.
The plaintiffs are seeking compensatory and punitive damages.
This case was stayed in the Circuit Court on August 8, 2005.
The plaintiffs filed an amended complaint on November 9, 2010 to
which the Company responded with a motion to dismiss filed on
December 22, 2010.
During a hearing on February 24, 2012, plaintiffs' counsel
indicated his intent to dismiss certain claims against the
Company. Instead, on March 9, 2012, the plaintiffs amended their
complaint to include additional securities fraud claims against
HealthSouth and add several former officers to the lawsuit.
On September 12, 2012, the plaintiffs further amended their
complaint to request certification as a class action. One of the
former officers named as a defendant has repeatedly attempted to
remove the case to federal district court, most recently on
December 11, 2012.
The Company filed its latest motion to remand the case back to
state court on January 10, 2013.
On September 27, 2013, the federal court remanded the case back to
state court.
On November 25, 2014, the plaintiffs filed another amended
complaint to assert new allegations relating to the time period of
1997 to 2002.
On December 10, 2014, the Company filed a motion to dismiss on the
grounds the plaintiffs lack standing because their claims are
derivative in nature, and the claims are time-barred by the
statute of limitations.
On May 26, 2016, the court granted the Company's motion to
dismiss.
The plaintiffs appealed the dismissal of the case to the Supreme
Court of Alabama on June 28, 2016. The Supreme Court has not yet
scheduled a hearing on the appeal.
HealthSouth Corporation provides facility-based and home-based
post-acute healthcare services in the United States. The Company
operates through two segments, Inpatient Rehabilitation, and Home
Health and Hospice. It was founded in 1983 and is headquartered
in Birmingham, Alabama.
HEYWOOD & CARI: Faces "Veness" Suit in W.D. Wisconsin
-----------------------------------------------------
A class action lawsuit has been filed against Heywood, Cari and
Anderson, S.C. The case is captioned as David W. Veness and Julie
K. Veness, On behalf of herself and others similarly situated, the
Plaintiffs, v. Heywood, Cari & Anderson, S.C., the Defendant, Case
No. 3:17-cv-00338 (W.D. Wisc., May 5, 2017).
Heywood and Cari is a law firm in Hudson, Wisconsin focusing on
various areas of law.[BN]
The Plaintiff is represented by:
James Davidson, Esq.
GREENWALD DAVIDSON RADBIL PLLC
5550 Glades Road, Suite 500
Boca Raton, FL 33431
Telephone: (561) 826 5477
E-mail: jdavidson@gdrlawfirm.com
- and -
Matthew Curtiss Lein, Esq.
LEIN LAW OFFICES
15692 US Hwy. 63
P.O. Box 761
Hayward, WI 54843
Telephone: (715) 634 4273
Facsimile: (715) 634 5051
E-mail: mlein@leinlawoffices.com
HUNTINGTON BANCSHARES: Plaintiffs Appeal Mortgage Suit Dismissal
----------------------------------------------------------------
Huntington Bancshares Incorporated is awaiting court action on the
plaintiffs' appeal from a court ruling that dismissed a class
action over mortgage loan charges, according to the Company's Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarterly period ended March 31, 2017.
Huntington is a defendant in a class action filed on October 15,
2013, alleging Huntington charged late fees on mortgage loans in a
method that violated West Virginia law and the loan documents.
Plaintiffs seek statutory civil penalties, compensatory damages
and attorney's fees.
Huntington filed a motion for summary judgment on the plaintiffs'
claims, which was granted by the U.S. District Court on December
28, 2016.
Plaintiffs have filed a notice of appeal to the U.S. Fourth
Circuit Court of Appeals.
Huntington Bancshares Incorporated operates as a holding company
for The Huntington National Bank that provides commercial, small
business, consumer, and mortgage banking services. The Company
was founded in 1866 and is headquartered in Columbus, Ohio.
HUNTINGTON BANCSHARES: June 2 Final Settlement Approval Hearing
---------------------------------------------------------------
The final approval hearing for the settlement of the overdraft
litigation against a Huntington Bancshares Incorporated subsidiary
is scheduled for June 2, 2017, according to the Company's Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarterly period ended March 31, 2017.
Commencing in December 2010, two separate lawsuits were filed in
the Summit County Court of Common Pleas and the Lake County Court
of Common Pleas against subsidiary FirstMerit Corporation. The
complaints were brought as class actions on behalf of Ohio
residents who maintained a checking account at FirstMerit and who
incurred one or more overdraft fees as a result of the alleged re-
sequencing of debit transactions.
The parties have reached a global settlement for approximately
US$9 million cash to a common fund plus an additional US$7 million
in debt forgiveness. Attorneys' fees will be paid from the fund,
with any remaining funds going to charity.
FirstMerit's insurer has agreed to reimburse Huntington 49% of the
approximately US$9 million, which totals approximately US$4.4
million.
The court preliminarily approved the settlement on December 5,
2016 and the cash portion of the settlement was funded on December
12, 2016.
Huntington Bancshares Incorporated operates as a holding company
for The Huntington National Bank that provides commercial, small
business, consumer, and mortgage banking services. The Company
was founded in 1866 and is headquartered in Columbus, Ohio.
IEG HOLDINGS: Faces "Montgomery" Suit in W.D. Virginia
------------------------------------------------------
A class action lawsuit has been filed against IEG Holdings
Corporation. The case is entitled as Mark Montgomery, on behalf of
himself and all others similarly situated, the Plaintiff, v. IEG
Holdings Corporation; Investment Evolution Corporation, doing
business as Mr. Amazing Loans; and Paul Mathieson, the Defendants,
Case No. 7:17-cv-00180-EKD (W.D. Va., Apr. 26, 2017). The case is
assigned to the Hon. District Judge Elizabeth K. Dillon.
IEG Holdings, a consumer finance company, provides online
unsecured consumer loans to individuals. It offers loans for debt
consolidation.[BN]
The Plaintiff is represented by:
Kristi Cahoon Kelly, Esq.
KELLY & CRANDALL, PLC
3925 Chain Bridge Road, Suite 202
Fairfax, VA 22030
Telephone: (703) 424 7572
Facsimile: (703) 591 0167
E-mail: kkelly@kellyandcrandall.com
INTERNATIONAL RECOVERY: Faces "Obo" Suit in New York State Court
----------------------------------------------------------------
A class action lawsuit has been filed against International
Recovery Associates, Inc. The case is styled as PERRY, JUNE OBO
HERSELF AND ALL OTHERS SIMILARLY SITUATED, the Plaintiff, v.
INTERNATIONAL RECOVERY ASSOCIATES, INC., the Defendant, Case No.
615069/2016 (N.Y. Sup. Ct., May 5, 2017). The case is assigned to
the Hon. Judge Denise F. Molia.
The Defendant is a collection agency.[BN]
The Plaintiff is represented by:
Mitchell L. Pashkin, Esq.
775 Park Ave, Suite 255
Huntington, NY 11743
Telephone: (631) 629 7709
The Defendant is represented by:
Robert L. Arleo, Esq.
164 Sunset Park Road
Haines Falls, NY 12436
Telephone: (518) 589 5264
INTERNATIONAL RECOVERY: Faces "Healy" Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against International
Recovery Associates, Inc. The case is captioned as Raymond Healy,
individually and on behalf of all others similarly situated, the
Plaintiff, v. International Recovery Associates, Inc., the
Defendant, Case No. 2:17-cv-02772 (E.D.N.Y., May 8, 2017).
International Recovery is a debt collection agency.[BN]
The Plaintiff appears pro se.
IQ FORMULATIONS: Faces "Debernardis" Suit in S.D. Florida
---------------------------------------------------------
A class action lawsuit has been filed against IQ Formulations,
LLC. The case is captioned as Joshua Debernardis and Christina
Damore, on behalf of themselves and all others similarly situated,
the Plaintiffs, v. IQ Formulations, LLC, a Florida limited
liability company and Europa Sports Products, Inc., the
Defendants, Case No. 1:17-cv-21562-DPG (S.D. Fla., Apr. 26, 2017).
The case is assigned to the Hon. Judge Darrin P. Gayles.
IQ Formulations is an industry-leading health and fitness
supplement provider.[BN]
The Plaintiffs are represented by:
Jonathan Betten Cohen, Esq.
Rachel Lynn Soffin, Esq.
MORGAN & MORGAN
201 N. Franklin Street, Sixth Floor
Tampa, FL 33602
Telephone: (813) 223 5505
Facsimile: (813) 222 2434
E-mail: jcohen@forthepeople.com
rsoffin@forthepeople.com
JB HUNT TRANSPORT: Appeal on Dismissal of Drivers Suit Pending
--------------------------------------------------------------
An appeal to a dismissed class action lawsuit filed by California-
based drivers against J.B. Hunt Transport Services, Inc. remains
pending, according to the Company's Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
March 31, 2017.
The Company is a defendant in certain class action lawsuits in
which the plaintiffs are current and former California-based
drivers who allege claims for unpaid wages, failure to provide
meal and rest periods, and other items.
The Company said, "During the first half of 2014, the Court in the
lead class action granted judgment in our favor with regard to all
claims. The plaintiffs have appealed the case to the Ninth Circuit
Court of Appeals where it is currently pending."
The overlapping claims in the remaining actions have been stayed
pending a decision in the lead class action case.
J.B. Hunt Transport Services, Inc., together with its
subsidiaries, provides surface transportation and delivery
services in the continental United States, Canada, and Mexico. It
operates through four segments: Intermodal (JBI), Dedicated
Contract Services (DCS), Integrated Capacity Solutions (ICS), and
Truck (JBT). The Company was founded in 1961 and is headquartered
in Lowell, Arkansas.
JOEL CARDIS: Faces "Germond" Suit in Southern District of Florida
-----------------------------------------------------------------
A class action lawsuit has been filed against the Law Offices of
Joel Cardis, LLC. The case is styled as Alycia A. Germond,
individually and on behalf of all others similarly situated, the
Plaintiff, v. Law Offices of Joel Cardis, LLC and Joel Cardis,
individually, the Defendant, Case No. 2:17-cv-14152-DMM (S.D.
Fla., May 8, 2017). The case is assigned to the Hon. Judge Donald
M. Middlebrooks.
The Law Offices of Joel Cardis, LLC is a firm serving East
Norriton in debt collection cases.[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
KERYX BIOPHARMACEUTICALS: "Erickson" Suit Removed to D. Mass.
-------------------------------------------------------------
The case captioned Richard J. Erickson, individually and on behalf
of all others similarly situated, Plaintiff v. Keryx
Biopharmaceuticals, Inc., Gregory P. Madison and Scott A. Holmes,
Defendants, Case No. 1:17-cv-10654-DJC, filed on August 4, 2016,
was removed from the Southern District of New York to the U.S.
District Court for the District of Massachusetts (Boston) on April
18, 2017.
Defendant Keryx is biopharmaceuticals company.[BN]
The Plaintiff is represented by:
Mary K. Blasy, Esq.
Robbins Geller Rudman & Dowd LLP
58 South Service Road, Suite 200
Melville, NY 11747
Tel: (631) 367-1173
Fax: (631) 367-1173
Email: mblasy@rgrdlaw.com
- and -
David A. Rosenfeld, Esq.
Robbins Geller Rudman & Dowd LLP, Suite 200
58 South Service Road
Melville, NY 11747
Tel: (631) 367-7100
Fax: (631) 367-1173
Email: drosenfeld@rgrdlaw.com
- and -
David Frank EisenhaueTejtel, Esq.
Friedman Oster &Tejtel PLLC
240 East 79th Street, Suite A
New York, NY 10075
Tel: (888) 529-1108
Fax: (646) 661-5881
Email: dtejtel@fotpllc.com
The Defendant is represented by:
John F. Sylvia, Esq.
Mintz, Levin, Cohn, Ferris, Glovsky&Popeo, PC
One Financial Center
Boston, MA 02111
Tel: (617) 542-6000
Fax: (617) 542-2241
Email: jfsylvia@mintz.com
KLA-TENCOR: Purported Stockholders Putative Class Suit Dismissed
----------------------------------------------------------------
KLA-Tencor Corporation disclosed in its Form 10-Q filing with the
U.S. Securities and Exchange Commission for the quarterly period
ended March 31, 2017, that all four putative class actions filed
by purported KLA-Tencor stockholders were dismissed with prejudice
in January 2017.
On October 20, 2015, the Company entered into an Agreement and
Plan of Merger and Reorganization with Lam Research Corporation
which was subject to regulatory approvals. On October 5, 2016,
the parties mutually agreed to terminate the Merger Agreement and
no termination fees were payable by either party.
In connection with the Merger, the four purported KLA-Tencor
stockholders filed putative class actions on behalf of all KLA-
Tencor stockholders.
KLA-Tencor Corporation designs, manufactures, and markets process
control and yield management solutions worldwide. It was founded
in 1975 and is headquartered in Milpitas, California.
KOREA ELECTRIC: 12 Tariff Class Action Suits Pending at Dec. 31
---------------------------------------------------------------
Korea Electric Power Corporation continues to face 12 class action
lawsuits as of December 31, 2016 regarding excessive electricity
tariffs, according to the Company's Form 20-F filed with the U.S.
Securities and Exchange Commission on April 28, 2017.
During the period from 2014 to 2016, certain residential customers
filed class action lawsuits against the Company based on the claim
that electricity tariffs, determined under the progressive rate
structure, were excessive.
As of December 31, 2016, the Company were subject to 12 such
lawsuits brought by 9,237 plaintiffs with an aggregate claim
amount of KRW5.1 billion.
No similar lawsuit has been filed since the progressive rate
structure was amended effective January 1, 2017 to ease the tariff
burden on residential customers.
Korea Electric Power Corporation, an integrated electric utility
company, generates, transmits, and distributes electricity in
Korea and internationally. The Company operates through
Transmission and Distribution, Nuclear Power Generation, Thermal
Power Generation, and Others segments. Korea Electric Power
Corporation was founded in 1961 and is headquartered in Naju,
South Korea.
LIMASSOL GROCERY: Fails to Pay Employees OT, "Torres" Suit Says
---------------------------------------------------------------
Crescenio Torres, individually and on behalf all other employees
similarly situated v. Limassol Grocery, Corp. d/b/a Gyro Corner,
Sidebay Grocery Corp., d/b/a Gyro Corner, Vasilios Panagopoulos,
Peter Theodoropoulos, and Constantine Dionysiou, Case No. 1:17-cv-
02392 (E.D.N.Y., April 21, 2017), is brought against the
Defendants for failure to pay overtime compensation for all hours
worked over 40 each workweek.
The Defendants own and operate a Gyro Corner store located at 32-
69 Francis Lewis Blvd., Flushing, NY 11358. [BN]
The Plaintiff is represented by:
Jian Hang, Esq.
HANG & ASSOCIATES, PLLC
136-18 39th Ave., Suite 1003
Flushing, NY 11354
Telephone: (718) 353-8588
E-mail: jhang@hanglaw.com
MADISON COUNTY, MS: Faces "Brown" Suit in S.D. Mississippi
----------------------------------------------------------
A class action lawsuit has been filed against Madison County,
Mississippi. The case is captioned as Latoya Brown, Lawrence
Blackmon, Herbert Anthony Green, Khadafy Manning, Quinnetta
Manning, Marvin McField, Nicholas Singleton, Steven Smith, Bessie
Thomas, an Betty Jean Williams Tucker, individually and on behalf
of a class of all others similarly situated., the Plaintiffs, v.
Madison County, Mississippi; Sheriff Randall S. Tucker, in his
official capacity; Madison County Sheriff's Deputies, in their
individual capacities; and John Does 1-6, in their individual
capacities, the Defendants, Case No. 3:17-cv-00347-WHB-LRA (S.D.
Miss., May 8, 2017). The case is assigned to the Hon. District
Judge William H. Barbour, Jr.
Madison County is a county located in the U.S. state of
Mississippi.[BN]
The Plaintiffs are represented by:
Joshua F. Tom, Esq.
ACLU OF MISSISSIPPI - JACKSON
P. O. Box 2242
233 East Capitol Street (39201)
Jackson, MS 39225-2242
Telephone: (601) 354 3408
Facsimile: (601) 355 6465
R-mail: Ejtom@aclu-ms.org
MD GARDENS: Faces "Fevrier" Suit in Southern Dist. of New York
--------------------------------------------------------------
A class action lawsuit has been filed against MD Gardens Corp. The
case is titled as Peter Fevrier, individually and on behalf of
others similarly situated, the Plaintiff, v. MD Gardens Corp., M&D
Landscaping and Gardening Corp., M&D Nursery and Equipment Corp.,
Nick Mastrogiulio, Gerardo Mastrogiulio, and Carmine Mastrogiulio,
the Defendants, Case No. 1:17-cv-03419 (S.D.N.Y., May 8, 2017).
The Defendants are doing business in gardening and
landscaping.[BN]
The Plaintiff appears pro se.
MIDLAND CREDIT: Faces "Torres" Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Midland Credit
Management, Inc. The case is captioned as Nuria Torres,
individually and on behalf of all others similarly situated, the
Plaintiff, v. Midland Credit Management, Inc., the Defendant, Case
No. 2:17-cv-02794 (E.D.N.Y., May 8, 2017).
MCM helps consumers resolve past-due debt obligations.[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
MONARCH RECOVERY: Faces "Farrell" Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Monarch Recovery
Management, Inc. The case is captioned as Kristine M. Farrell,
individually and on behalf of all others similarly situated, the
Plaintiff, v. Monarch Recovery Management, Inc., the Defendant,
Case No. 2:17-cv-02741 (E.D.N.Y., May 5, 2017).
Monarch Recovery, an accounts receivable management company,
provides financial recovery solutions. It offers collection and
payment.[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
MOOLITE DINER: "Suarez" Suit Seeks Unpaid Wages for Waitstaff
-------------------------------------------------------------
MELANIE SUAREZ, on behalf of herself and others similarly
situated, the Plaintiff, v. MOONLITE DINER II, INC., a Florida
Profit Corporation, and LAMBROS KOKKINELIS, individually, the
Defendants, Case No. 0:17-cv-60888-WPD (S.D. Fla., May 5, 2017),
seeks to recover unpaid minimum wages, unpaid overtime wages,
unpaid commissions, liquidated damages, declaratory relief, and
reasonable attorney's fees and costs , pursuant to the Fair Labor
Standards Act (FLSA).
According to the complaint, the Plaintiff and those similarly to
her, are waitresses who worked for Defendants during the last
three years and were not properly paid minimum wage or overtime
compensation.[BN]
The Plaintiff is represented by:
Richard Celler, Esq.
Noah E. Storch, Esq.
RICHARD CELLER LEGAL. P.A.
7450 Griffin Road, Suite 230
Davie, FL 33314
Telephone: (866) 344 9243
Facsimile: (954) 337 2771
E-mail: Richard@floridaovertimelawyer.com
Noah@floridaovertimelawyer.com
NHCASH.COM: Faces "Hunter" Suit in Eastern District of Virginia
---------------------------------------------------------------
A class action lawsuit has been filed against Nhcash.com, LLC
The case is entitled as Tina Hunter, Steven Pike, Dawn Mays-
Johnson, Julie Johnson, and Dianne Turner, on behalf of themselves
and all others similarly situated, the Plaintiffs, v. NHCASH.COM,
LLC, NHCASH SPV, LLC, NHCASH Holdings, Inc., Steven Mello, and LTD
Financial Services, L.P., the Defendants, Case No. 3:17-cv-00348-
HEH (E.D. Va., May 8, 2017). The case is assigned to the Hon.
District Judge Henry E. Hudson.
Nhcash.com offers hassle-free personal loans.[BN]
The Plaintiffs are represented by:
Kristi Cahoon Kelly, Esq.
Andrew Joseph Guzzo, Esq.
KELLY & CRANDALL PLC
3925 Chain Bridge Road, Suite 202
Fairfax, VA 22030
Telephone: (703) 424 7570
Facsimile: (703) 591 0167
E-mail: kkelly@kellyandcrandall.com
aguzzo@kellyandcrandall.com
- and -
James Wilson Speer, Esq.
VIRGINIA PROVERTY LAW CENTER
919 E Main Street, Suite 610
Richmond, VA 23219
Telephone: (804) 782 9430
Facsimile: (804) 649 0974
E-mail: jay@vplc.org
NORTHLAND GROUP: Faces "Mizrahi" Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Northland Group,
Inc. The case is styled as Jennifer L. Mizrahi, on behalf of
herself and all others similarly situated, the Plaintiff, v.
Northland Group, Inc., the Defendant, Case No. 1:17-cv-02785
(E.D.N.Y., May 8, 2017).
Northland Group offers debt resolutions for lending institutions
and consumers.[BN]
The Plaintiff appears pro se.
NORTHSTAR LOCATION: Faces "Vouvounas" Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against NorthStar Location
Services, LLC. The case is entitled as Nicole Vouvounas,
individually and on behalf of all others similarly situated, the
Plaintiff, v. NorthStar Location Services, LLC, the Defendant,
Case No. 2:17-cv-02753 (E.D.N.Y., May 5, 2017).
NorthStar Location provides full-service receivables debt
collection solution.[BN]
The Plaintiff appears pro se.
NORTHSTAR LOCATIONS: Faces "Zitronenbaum" Suit in E.D.N.Y.
----------------------------------------------------------
A class action lawsuit has been filed against Northstar Locations
Services, LLC. The case is captioned as Claire Zitronenbaum, on
behalf of herself and all other similarly situated consumers, the
Plaintiff, v. Northstar Locations Services, LLC, the Defendant,
Case No. 1:17-cv-02833 (E.D.N.Y., May 9, 2017).
Northstar Locations provides full-service receivables debt
collection solution.[BN]
The Plaintiff is represented by:
Adam Jon Fishbein, Esq.
ADAM J. FISHBEIN, P.C.
735 Central Avenue
Woodmere, NY 11598
Telephone: (516) 668 6945
E-mail: fishbeinadamj@gmail.com
OPPENHEIMER HOLDINGS: Seeks to Dismiss NSLP Class Action
--------------------------------------------------------
Oppenheimer Holdings Inc. and other defendants in an NSLP class
action lawsuit have filed motions on March 9, 2017 to dismiss a
second amended complaint, according to the Company's Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarterly period ended March 31, 2017.
On October 21, 2015, plaintiff Enrico Vaccaro, individually and on
behalf of others similarly situated, filed a putative class action
complaint in the Supreme Court of the State of New York, County of
New York, on behalf of purchasers of New Source Energy Partners,
L.P. ("NSLP") 11% Series A Cumulative Convertible Preferred Units
("NSLP Complaint") for US$48.3 million.
Plaintiff named as defendants NSLP, as well as certain officers
and directors of NSLP, and underwriters Oppenheimer, Stifel,
Nicolaus & Company, Inc., Robert W. Baird & Co. Inc., Janney
Montgomery Scott LLC, and Wunderlich Securities, Inc.
Plaintiff alleged violations of Sections 11, 12(a)(2) and 15 of
the Securities Act pursuant to and/or traceable to NSLP's
prospectus supplement and accompanying prospectus filed with the
SEC on May 7, 2015 and the base prospectus and shelf registration
statement filed with the SEC and declared effective on April 21,
2014 ("NSLP Offering Documents").
The NSLP Complaint alleged that the NSLP Offering Documents failed
to disclose certain cash flow problems facing NSLP and sought
damages, equitable relief, and attorneys' fees and costs.
On or around November 13, 2015, the defendants removed the state
court action to the United States District Court for the Southern
District of New York ("SDNY").
On or around March 30, 2016, NSLP filed with the SDNY notice of
its March 15, 2016 voluntary petition for relief under chapter 7
title 11 of the United States Bankruptcy Code, which operates as
an automatic stay of the claims as to NSLP.
On June 20, 2016, plaintiffs filed an amended class action
complaint ("NSLP Amended Complaint"), which seeks unspecified
damages, including interest, punitive and exemplary damages, as
well as rescission.
On December 19, 2016, the SDNY dismissed the NSLP Amended
Complaint without prejudice.
On January 19, 2017, plaintiffs filed a Second Amended Complaint
and on March 9, 2017, defendants filed motions to dismiss the
Second Amended Complaint. Underwriter defendants, including
Oppenheimer, believe they have meritorious defenses to the Second
Amended Complaint.
Oppenheimer Holdings Inc. provides middle-market investment
banking and full service broker-dealer products and services. The
Company was founded in 1881 and is headquartered in New York, New
York.
OPTIO SOLUTIONS: Faces "Galands" Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Optio Solutions LLC.
The case is entitled as Angeliki F. Galands, individually and on
behalf of all others similarly situated, the Plaintiff, v. Optio
Solutions LLC, doing business as Qualia Collection Services, the
Defendant, Case No. 2:17-cv-02801 (E.D.N.Y., May 9, 2017).
Optio Solutions provides accounts receivable management and debt
collection services.[BN]
The Plaintiff appears pro se.
ORBITAL ATK: Amended Complaint Filed in Securities Class Action
---------------------------------------------------------------
Plaintiffs of a securities class action filed against Orbital ATK,
Inc. and some of its executive officers have filed an amended
complaint on April 24, 2017, according to the Company's Form 10-K
filed with the U.S. Securities and Exchange Commission for the
year ended December 31, 2016. The amended complaint includes,
among others, the addition of the Company's Chief Operating
Officer and a former Chief Executive Officer/Director as
defendants.
On August 12, 2016, a putative class action complaint, naming the
Company, its Chief Executive Officer and its Chief Financial
Officer as defendants, was filed in the United States District
Court for the Eastern District of Virginia (Steven Knurr, et al.
v. Orbital ATK, Inc., No. 16-cv-01031 (TSE-MSN)).
The class action complaint asserts claims on behalf of purchasers
of Orbital ATK securities for violations of Sections 10(b) and
20(a) of the Securities Exchange Act of 1934 (the "Exchange Act")
and Rule 10b-5 thereunder, arising out of allegedly false and
misleading statements and the failure to disclose that: (i) the
Company lacked effective control over financial reporting; and
(ii) as a result, the Company failed to record an anticipated loss
on its long-term contract with the U.S. Army to manufacture and
supply small caliber ammunition at the U.S. Army's Lake City Army
Ammunition Plant.
On April 24, 2017, the plaintiffs filed an amended complaint
adding the Company's Chief Operating Officer and a former Chief
Executive Officer/Director as defendants and asserting claims for
violations of additional sections of the Exchange Act. The
amended complaint also alleges false and misleading statements in
the Company's Form S-4 filed with the SEC relating to the merger
between the Company and Orbital Sciences Corporation.
The complaint seeks an award of damages, an award of reasonable
costs and expenses at trial, including counsel and expert fees,
and an award of such other relief as deemed appropriate by the
Court. The Company intends to defend this action vigorously.
Orbital ATK, Inc. develops and produces aerospace, defense, and
aviation-related products to the U.S. Government, allied nations,
prime contractors, and other customers in the United States and
internationally. It operates through three segments: Flight
Systems Group, Defense Systems Group, and Space Systems Group.
Orbital ATK, Inc. is headquartered in Dulles, Virginia.
OREGON: Dept of Corrections' Officers Face "Lyons" Suit
-------------------------------------------------------
A class action lawsuit has been filed against Colette S. Peters
and others. The case is styled as Derrick Lyons, Bridgette Lewis,
and Tiffanie Lewis, and a Class of Individuals Similarly Situated,
the Plaintiffs, v. Colette S. Peters, Personally; Michael Gower,
Personally; Rob Persson, Personally; Dennis Paul Timmins,
Personally; Officer Helton, Personally; Superintendent Rick
Angelozzi, Personally; Bridgette Amsberry, Personally; Brandon
Kelly, Personally; Brian Belleque, Personally; John Does 1-10; and
Jane Does 1-10, the Defendants, Case No. 3:17-cv-00730-SI (D. Or.,
May 9, 2017).[BN]
The Plaintiff is represented by:
Leonard Randolph Berman, Esq.
LAW OFFICE OF LEONARD R. BERMAN
4711 SW Huber Street, Suite E-3
Portland, OR 97219
Telephone: (503) 516 3715
Facsimile: (815) 642 9117
E-mail: easyrabbi@yahoo.com
PAUL MICHAEL: Faces "Alm" Suit in Eastern District of New York
--------------------------------------------------------------
A class action lawsuit has been filed against Paul Michael
Associates. The case is titled as David Alm and Jennifer Carall,
individually and on behalf of all others similarly situated, the
Plaintiffs, v. Paul Michael Associates, the Defendant, Case No.
2:17-cv-02767 (E.D.N.Y., May 8, 2017).
The Defendant offers credit and debt counseling services.[BN]
The Plaintiffs appear pro se.
PERFUMANIA HOLDINGS: Awaits Court OK on Calif. Class Action Pact
----------------------------------------------------------------
Perfumania Holdings, Inc. is awaiting the final approval of a
settlement it entered into with the parties in a class action
filed in the Superior Court for the State of California, County of
Ventura, according to the Company's Form 10-K filing with the U.S.
Securities and Exchange Commission for the fiscal year ended
January 28, 2017.
In August 2015, the Company was named as a defendant in a class
action filed in the Superior Court for the State of California,
County of Ventura. The plaintiff, a former employee of
Perfumania, sought to represent all current and former sales
associates at California Perfumania stores. The complaint alleged
various violations of California law related to wages, meal
periods and wage statements, among other things.
In October 2016, the parties agreed in principle on a settlement
which has been submitted to the Court. The settlement proceeds
will not be deposited with the settlement administrator until the
court provides its final approval sometime in 2017.
The Company accrued the estimated settlement of approximately
US$0.5 million during fiscal 2016, which is included in selling,
general and administrative expenses on its consolidated statements
of operations.
Perfumania Holdings, Inc., through its subsidiaries, operates as a
specialty retailer and distributor of fragrances and related
beauty products in the United States. It operates in two
segments, Retail and Wholesale. The Company is based in Bellport,
New York.
PERFUMANIA HOLDINGS: May 30 Hearing on TCPA Suit Settlement
-----------------------------------------------------------
Hearing for the final approval of Perfumania Holdings, Inc.'s
settlement with parties in a Telephone Consumer Protection Act
("TCPA") putative class action in Alabama is scheduled for May 30,
2017, according to the Company's Form 10-K filing with the U.S.
Securities and Exchange Commission for the fiscal year ended
January 28, 2017.
In November 2015, the Company was named as a defendant in a
putative class action in the U.S. District Court for the Southern
District of Alabama. The complaint, and thereafter an amended
complaint, alleged that the Company violated the TCPA by sending
unsolicited facsimiles which advertised goods and/or services
offered by the Company.
The plaintiff sought to represent a nationwide class of all
recipients of such unsolicited faxes for the period November 3,
2011 to the present. Plaintiff sought statutory damages of at
least $500 per violative fax, plus other non-monetary relief.
The parties agreed to mediate the matter which resulted in a
settlement in principle. A formal settlement agreement, on a
class wide basis, was entered into in late November 2016.
Defendant will obtain a release, on a class wide basis, from all
members of the settlement class who do not opt out, back to
January 2011.
The settlement has been preliminarily approved by the Court and
notice has been disseminated to potential class members, who had
the opportunity to opt out of the class or to object to the
settlement on or before March 31, 2017.
No objections have been received, but there have been four opt-
outs and various claims. The settlement will be presented to the
Court for final approval at a hearing scheduled for May 30, 2017.
Assuming final approval, claims will be submitted, reviewed, and
paid as appropriate. It is expected that this process will be
concluded during calendar 2017.
The Company accrued the estimated settlement of approximately
US$0.5 million during fiscal 2016, which is included in selling,
general and administrative expenses on its accompanying
consolidated statement of operations.
Perfumania Holdings, Inc., through its subsidiaries, operates as a
specialty retailer and distributor of fragrances and related
beauty products in the United States. It operates in two
segments, Retail and Wholesale. The Company is based in Bellport,
New York.
PGE COMPANY: Appeal on Dismissal of Trojan Class Actions Pending
----------------------------------------------------------------
Investment recovery class actions against Portland General
Electric Company (PGE) regarding its Trojan nuclear power plant
remain subject to a decision in the plaintiffs' appeal pending in
the Court of Appeals for the State of Oregon, according to the
Company's Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarterly period ended March 31, 2017.
In 1993, PGE closed Trojan and sought full recovery of, and a rate
of return on, its Trojan costs in a general rate case filing with
the Public Utility Commission of Oregon (OPUC). In 1995, the OPUC
issued a general rate order that granted the Company recovery of,
and a rate of return on, 87% of its remaining investment in
Trojan.
Numerous challenges and appeals were subsequently filed in various
state courts on the issue of the OPUC's authority under Oregon law
to grant recovery of, and a return on, the Trojan investment. In
2007, following several appeals by various parties, the Oregon
Court of Appeals issued an opinion that remanded the matter to the
OPUC for reconsideration.
In 2003, in two separate legal proceedings, lawsuits were filed in
Marion County Circuit Court (Circuit Court) against PGE on behalf
of two classes of electric service customers. The class action
lawsuits seek damages totaling US$260 million, plus interest, as a
result of the Company's inclusion, in prices charged to customers,
of a return on its investment in Trojan.
In August 2006, the Oregon Supreme Court (OSC) issued a ruling
ordering the abatement of the class action proceedings. The OSC
concluded that the OPUC had primary jurisdiction to determine
what, if any, remedy could be offered to PGE customers, through
price reductions or refunds, for any amount of return on the
Trojan investment that the Company collected in prices.
The OSC further stated that if the OPUC determined that it could
provide a remedy to PGE's customers, then the class action
proceedings may become moot in whole or in part. The OSC added
that, if the OPUC determined that it could not provide a remedy,
the court system may have a role to play. The OSC also ruled that
the plaintiffs retained the right to return to the Circuit Court
for disposition of whatever issues remained unresolved from the
remanded OPUC proceedings. In October 2006, the Circuit Court
abated the class actions in response to the ruling of the OSC.
In 2008, the OPUC issued an order (2008 Order) that required PGE
to provide refunds of US$33 million, including interest, which
were completed in 2010. Following appeals, the 2008 Order was
upheld by the Oregon Court of Appeals in February 2013 and by the
OSC in October 2014.
In June 2015, based on a motion filed by PGE, the Circuit Court
lifted the abatement and in July 2015, the Circuit Court heard
oral argument on the Company's motion for Summary Judgment.
Following oral argument on PGE's motion for Summary Judgment, the
plaintiffs moved to amend the complaints. On February 22, 2016,
the Circuit Court denied the plaintiff's motion to amend the
complaint and on March 16, 2016, the Circuit Court entered a
general judgment that granted the Company's motion for Summary
Judgment and dismissed all claims by the plaintiffs. On April 14,
2016, the plaintiffs appealed the Circuit Court dismissal to the
Court of Appeals for the State of Oregon.
PGE believes that the October 2, 2014 OSC decision and the recent
Circuit Court decisions have reduced the risk of a loss to the
Company in excess of the amounts previously recorded and discussed
above. However, because the class actions remain subject to a
decision in the appeal, management believes that it is reasonably
possible that a loss in excess of amounts previously recorded
could result. As these matters involve unsettled legal theories
and have a broad range of potential outcomes, sufficient
information is currently not available to determine the amount of
any such loss.
Portland General Electric Company, an integrated electric utility
company, engages in the generation, wholesale purchase,
transmission, distribution, and retail sale of electricity in the
state of Oregon. The Company operates seven thermal plants; seven
hydroelectric plants; and two wind farms. It was founded in 1930
and is headquartered in Portland, Oregon.
PHILLIPS & COHEN: Faces "Coleman" Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Phillips and Cohen
Associates, Ltd. The case is titled as Pamela Coleman,
individually and on behalf of all others similarly situated, the
Plaintiff, v. Phillips & Cohen Associates, Ltd., the Defendant,
Case No. 2:17-cv-02812 (E.D.N.Y., May 9, 2017).
Pillips and Cohen provides debt recovery services in the United
States and internationally.[BN]
The Plaintiff appears pro se.
PORTFOLIO RECOVERY: Faces "Callace" Suit in E.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Portfolio Recovery
Associates, LLC. The case is captioned as Lynne Callace,
individually and on behalf of all others similarly situated, the
Plaintiff, v. Portfolio Recovery Associates, LLC, the Defendant,
Case No. 2:17-cv-02809 (E.D.N.Y., May 9, 2017).
PRA is a publicly traded debt buyer based in Norfolk, Virginia.
[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
PROFESSIONAL CLAIMS: Faces "Muhlstock" Suit in E.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Professional Claims
Bureau, Inc. The case is captioned as Melanie Muhlstock,
individually and on behalf of all others similarly situated, the
Plaintiff, v. Professional Claims Bureau, Inc., ARStrat, LLC,
Ingram & Associates, and OPTUM360, LLC, the Defendants, Case No.
2:17-cv-02765 (E.D.N.Y., May 8, 2017).
Professional Claims provides receivable collection and management
services.[BN]
The Plaintiff appears pro se.
PROGRESSIVE DIRECT: Faces "Arias-Bonello" Suit in S.D. Fla.
-----------------------------------------------------------
A class action lawsuit has been filed against Progressive Direct
Insurance Company. The case is styled as Maria P. Arias-Bonello,
Individually and on behalf of all others similarly situated,
(Class Representative), the Plaintiff, v. Progressive Direct
Insurance Company, the Defendant, Case No. 0:17-cv-60897-UU (S.D.
Fla., May 5, 2017). The case is assigned to the Hon. Judge Ursula
Ungaro.
Progressive Direct provides property and casualty insurance
services.[BN]
The Plaintiff is represented by:
Christian Carrazana, Esq.
CHRISTIAN CARRAZANA P.A.
100 NE 15 St., Suite 101B
Homestead, FL 33030
Telephone: (786) 262 0584
Facsimile: (786) 364 7477
E-mail: christian@carrazana-legal.com
- and -
Juan Carlos Montes, Esq.
16351 Miramar Parkway
Miramar, FL 33027
Telephone: (954) 417 6100
Facsimile: (305) 901 2293
E-mail: service@monteslawfirm-florida.com
RELIANT CAPITAL: Faces "Grambo" Suit in Eastern Dist. of New York
-----------------------------------------------------------------
A class action lawsuit has been filed against Reliant Capital
Solutions, LLC. The case is titled as Jamie Grambo, an individual,
on behalf of herself and all others similarly situated, the
Plaintiff, v. Reliant Capital Solutions, LLC, the Defendant, Case
No. 2:17-cv-02726-JS-AYS (E.D.N.Y., May 5, 2017). The case is
assigned to the Hon. Judge Joanna Seybert.
Reliant Capital is a full service account receivable management
company.[BN]
The Plaintiff is represented by:
Abraham Kleinman, Esq.
KLEINMAN, LLC
626 RXR Plaza
Uniondale, NY 11556-0626
Telephone: (516) 522 2621
Facsimile: (888) 522 1692
E-mail: akleinman@kleinmanllc.com
RIO RANCHO, NM: "Woods" Suit Removed to New Mexico Federal Court
----------------------------------------------------------------
The class action lawsuit titled Dennis Woods, as guardian and next
friend of T.W. and D.W. and on behalf of all others similarly
situated, the Plaintiff, v. Rio Rancho Public Schools; Rio Rancho
Public Schools Board of Education; V. Sue Cleveland; Richard
Bruce; Mike Baker; Linda Kitts; B.J. Hartford; Mike Lawton; Chris
Beck; and Kim Fulton, Case No. D-1329-CV-17-00443, was removed on
April 26, 2017 from the Thirteenth Judicial District Court, to the
U.S. District Court for the District of New Mexico (Albuquerque).
The District Court Clerk assigned Case No. 1:17-cv-00492 to the
proceeding.
Rio Rancho Public Schools is a school district based in Rio
Rancho, New Mexico, United States. Rio Rancho Public Schools
serves the municipality of Rio Rancho. The school district has a
total of 18 schools.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Jerry A. Walz, Esq.
WALZ AND ASSOCIATES
133 Eubank NE
Albuquerque, NM 87123
Telephone: (505) 275 1800
Facsimile: (505) 275 1802
E-mail: jerryawalz@walzandassociates.com
RYDER TRUCK: Illegally Sells Class Members Vehicles, Suit Claims
----------------------------------------------------------------
Roderick Gilmore, individually and on behalf of all others
similarly situated v. Ryder Truck Rental LT and Leasing, Copart of
Connecticut, Inc., Extreme Towing and John Breese, Case No.
170403249 (Phil Comm. Pleas, April 21, 2017), is brought on behalf
of all vehicle owners or individuals who leased a vehicle and who
parked in the parking lot owned by Ryder and whose vehicles were
stolen by Extreme Towing and John Breese and sold by Copart.
Ryder Truck Rental LT and Leasing offers full-service truck
leasing and contract maintenance.
Copart of Connecticut, Inc. is a provider of online vehicle
auction and remarketing services, and as regular part of its
business, will routinely receive motor vehicles from insurance
companies, businesses and individuals as customers who wish to
have the vehicles sold at or placed into auction.
Extreme Towing operates a towing service company that regularly
conducts business in the Commonwealth of Pennsylvania and the City
of Philadelphia. [BN]
The Plaintiff is represented by:
Matthew B. Weisberg, Esq.
WEISBERG LAW
7 South Morton Ave.
Morton, PA 19070
Telephone: (610) 690-0801
Facsimile: (610) 690-0880
- and -
Gary Schafkopf, Esq.
SCHAFKOPF LAW, LLC
11 Bala Ave.
Bala Cynwyd, PA 19004
Telephone: (610) 664-5200
Facsimile: (888) 283-1334
E-mail: Gary@ShafLaw.com
SECURITY CREDIT: Faces "Rahman" Suit in E.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Security Credit
Systems, Inc. The case is captioned as Sharzil Rahman,
individually and on behalf of all others similarly situated, the
Plaintiff, v. Security Credit Systems, Inc., the Defendant, Case
No. 2:17-cv-02780 (E.D.N.Y., May 8, 2017).
Security Credit was founded in 1983. The company's line of
business includes collection and adjustment services on claims and
other insurance.[BN]
The Plaintiff appears pro se.
SECURUS TECHNOLOGIES: Faces "Mojica" Class Suit in D. Mass.
-----------------------------------------------------------
A class action lawsuit has been commenced against Securus
Technologies, Inc.
The case is captioned Susan Mojica and Thomas Mojica, individually
and on behalf of all others similarly situated v. Securus
Technologies, Inc., Case No. 1:17-cv-10701 (D. Mass., April 21,
2017).
Securus Technologies, Inc. provides civil and criminal justice
technology solutions for public safety, investigation, correction,
and monitoring. [BN]
The Plaintiff is represented by:
Peter A. Muhic, Esq.
Donna Siegel Moffa, Esq.
Monique Myatt Galloway, Esq.
KESSLER TOPAZ MELTZER & CHECK LLP
280 King of Prussia Road
Radnor, PA 19087
E-mail: pmuhic@ktmc.com
dmoffa@ktmc.com
mmyattgalloway@ktmc.com
- and -
Yechiel Michael Twersky, Esq.
Peter R. Kahana, Esq.
BERGER MONTAGUE P.C.
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875-3052
E-mail: mitwersky@bm.net
pkahana@bm.net
SERGIO'S RESTAURANT: Faces "Gomez" Suit in S.D. Florida
-------------------------------------------------------
A class action lawsuit has been filed against Sergio's Restaurant
No. 6, LLC. The case is captioned as Andre Gomez, on his own and
on behalf of all other individuals similarly situated, the
Plaintiff, v. Sergio's Restaurant No. 6, LLC, doing business as:
Sergio's Restaurant, a Florida Limited Liability Company, the
Defendant, Case No. 1:17-cv-21677-MGC (S.D. Fla., May 5, 2017).
The case is assigned to the Hon. Judge Marcia G. Cooke.[BN]
The Plaintiff is represented by:
Jessica Lynn Kerr, Esq.
JESSICA L.KERR, P.A. DBA THE ADVOCACY GROUP
333 Las Olas Way, Suite CU3-311
Fort Lauderdale, FL 33301
Telephone: (954) 282 1858
Facsimile: (844) 786 3694
E-mail: service@advocacypa.com
SP PLUS: Fails to Pay Unpaid Wages & OT, "Escalante" Suit Says
--------------------------------------------------------------
EVELYN ESCALANTE, an individual, the Plaintiff, v. SP PLUS
CORPORATION, a Delaware corporation; STANDARD PARKING CORPORATION
IL, a Delaware corporation; SP PLUS PROPERTY MANAGEMENT,
INC., a Delaware corporation; SP PLUS SECURITY SERVICES, INC., a
Delaware corporation; and DOES 1 through 50, inclusive, the
Defendants, Case No. BC660410 (Cal. Super. Ct., May 5, 2017),
seeks to recover wages and penalties from unpaid wages earned and
due, including but not limited to unpaid minimum wages, unpaid and
illegally calculated overtime compensation, illegal meal and rest
period policies, failure to pay all wages due to discharged and
quitting employees, failure to indemnify employees for necessary
expenditures and/or losses incurred in discharging their duties,
failure to provide accurate itemized wage statements, failure to
maintain required records, and interest, attorneys' fees, and
costs, pursuant to the California Labor Code and the applicable
Welfare Commission Orders.
According to the complaint, Defendants failed to pay Plaintiff and
Class Members minimum wages for all hours worked by, among other
things: requiring, permitting or suffering Plaintiff and Class
Members to work off the clock; requiring, permitting or suffering
Plaintiff and Class Members to work through meal and rest breaks;
illegally and inaccurately recording time in which Plaintiff and
Class Members worked; enforcing an unlawful rounding policy
resulting, in practice over time, in the systemic underpayment of
overtime wages to Plaintiff and Class Members; failing to properly
maintain Plaintiff's and Class Members' records; failing to
provide accurate itemized wage statements to Plaintiff and Class
Members for each pay period; and other methods to be discovered.
SP Plus is an American provider of parking facility management
services. It manages parking facilities with more than one million
parking spaces across the United States and Canada.[BN]
The Plaintiff is represented by:
Matthew J. Matern, Esq.
Matthew W. Gordon, Esq.
Braunson C. Virjee, Esq.
MATERN LAW GROUP, PC
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
Telephone: (310) 531 1900
Facsimile: (310) 531 1901
STONELEIGH RECOVERY: Faces "Mack" Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Stoneleigh Recovery
Associates, LLC. The case is captioned as Kia Mack, individually
and on behalf of all others similarly situated, the Plaintiff, v.
Stoneleigh Recovery Associates, LLC and Bureaus Investment Group
Portfolio No. 15, LLC, the Defendants, Case No. 7:17-cv-03437
(S.D.N.Y., May 9, 2017).
Stoneleigh Recovery provides debt recovery services in the United
States.[BN]
The Plaintiff is represented by:
Craig B. Sanders, Esq.
SANDERS LAW, PLLC
100 Garden City PLaza, Ste 500
Garden City, NY 11530
Telephone: (516) 203 7600
Facsimile: (516) 281 7601
E-mail: csanders@sanderslawpllc.com
TRUEACCORD CORP: Faces "Taveras" Suit in S.D. Florida
-----------------------------------------------------
A class action lawsuit has been filed against TrueAccord Corp. The
case is captioned as Hansel Taveras, individually and on behalf of
all others similarly situated, the Plaintiff, v. TrueAccord Corp.,
the Defendant, Case No. 1:17-cv-21711-KMW (S.D. Fla., May 8,
2017). The case is assigned to the Hon. Judge Kathleen M.
Williams.
TrueAccord provides an automated platform for 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
UNITED COLLECTION: Faces "Mack" Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against United Collection
Bureau, Inc. The case is captioned as Kia Mack, individually and
on behalf of all others similarly situated, the Plaintiff, v.
United Collection Bureau, Inc., the Defendant, Case No. 7:17-cv-
03434 (S.D.N.Y., May 9, 2017).
United Collection provides debt collection services for companies,
government, healthcare, utility, and financial service.[BN]
The Plaintiff appears pro se.
UNITED COLLECTION: Faces "Lugo" Suit in E.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against United Collection
Bureau, Inc. The case is styled as Brendalin Iesha Lugo,
individually and on behalf of all others similarly situated, the
Plaintiff, v. United Collection Bureau, Inc., the Defendant, Case
No. 2:17-cv-02776 (E.D.N.Y., May 8, 2017).
United Collection provides debt collection services for companies,
government, healthcare, utility, and financial service.[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 RECOVERY: Faces "Bendez" Suit in E.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against United Recovery
Systems, LP The case is titled as Nuray Bendez, individually and
on behalf of all others similarly situated, the Plaintiff, v.
United Recovery Systems, LP, the Defendant, Case No. 2:17-cv-02791
(E.D.N.Y., May 8, 2017).
United Recovery provides accounts receivable management
services.[BN]
The Plaintiff appears pro se.
UNITED RECOVERY: Faces "Podstupka" Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against United Recovery
Systems, LP. The case is entitled as Tracy Podstupka, individually
and on behalf of all others similarly situated, the Plaintiff, v.
United Recovery Systems, LP, the Defendant, Case No. 2:17-cv-02792
(E.D.N.Y., May 8, 2017).
United Recovery provides accounts receivable management
services.[BN]
The Plaintiff appears pro se.
VOLUNTEERS OF AMERICA: Fails to Pay Wages, "Morales" Suit Says
--------------------------------------------------------------
CYNTHIA MORALES, an individual, KEISHA HARRIS, an individual, on
behalf of themselves and all others similarly situated, the
Plaintiffs, v. VOLUNTEERS OF AMERICA OF LOS ANGELES, INC., a
California corporation, BOB PRATT, an individual, and DOES 1
through 100, inclusive, the Defendant, Case No. BC660324 (Cal.
Super. Ct., May 5, 2017), seeks to recover damages including,
without limitation, unpaid wages, unpaid overtime, waiting time
penalties, civil penalties and damages, plus interest, attorney's
fees and costs under Labor Code.
The Plaintiffs and the entirety of the proposed Class were or are
current or former employees of Defendants who were deprived of
wages earned, minimum wages and overtime pay, whose overtime was
not properly paid, whose payroll records did not reflect all hours
worked, and who were not provided uninterrupted meal and rest
breaks, among other things.
Volunteers Of America is a national nonprofit, spiritually-based
organization providing local human service programs and the
opportunity for individual and community involvement.[BN]
The Plaintiff is represented by:
Solomon E. Gresen, Esq.
Jackrisemberg, Esq.
RGLawyers, LLP
15910 Ventura Boulevard, Suite 1610
Encino, CA 91436
Telephone: (818) 815 2727
Facsimile: (818) 815 2737
XG SECURITY: "Young" Suit Seeks Overtime Pay Under FLSA
-------------------------------------------------------
Joseph Young, individually and on behalf of others similarly
situated, the Plaintiffs, v. XG Security Services, LLC, the
Defendant, Case No. 2:17-cv-04749 (E.D. La., May 5, 2017), seeks
to recover overtime pay under the Fair Labor Standards Act (FLSA).
The case is about Defendant's failure to pay its employees
properly for the overtime hours they worked, in accordance with
federal law. The Plaintiff and the similarly situated employees
worked for Defendant as field technicians, performing field work
on the equipment of Defendant's customers nationwide. The
Plaintiff also brings a breach of contract claim against Defendant
for its failure to reimburse him for costs he incurred when
driving his personal vehicle to perform work for Defendant.
The case is also an action by Plaintiff for retaliation, including
termination, in violation of the FLSA, section 215(a)(3). Upon
information and belief, Defendant terminated
Plaintiff in response to Plaintiff's questioning and complaints to
Defendant regarding its unlawful pay practices and failure to pay
him all wages he is owed. The Plaintiff and those similarly
situated customarily and regularly worked for Defendant in excess
of 40 hours per week. The Defendant knowingly required Plaintiff
and similarly situated employees to work overtime hours, but
failed to pay them at the legally required overtime rate of pay
for all of their overtime hours.
XG provides executive protection and security services.[BN]
The Plaintiff is represented by:
Amanda Hilgendorf, Esq.
Gregory Miller, Esq.
MILLER, HAMPTON & HILGENDORF
3690 Government Street
Baton Rouge, LA 70806
Telephone: (225) 343 2205
Facsimile: (225) 343 2870
E-mail: amanda@mlhlaw.com
gjm@mlhlaw.com
- and -
Michele R. Fisher, Esq.
Jason D. Friedman, Esq.
NICHOLS KASTER, PLLP
4600 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
Telephone: (612) 256 3200
Facsimile: (612) 215 6870
E-mail: fisher@nka.com
jfriedman@nka.com
YTS TRADING: Sued in N.Y. Over Failure to Pay Minimum & OT Wages
----------------------------------------------------------------
Jose Ramon De La Cruz and Manuel Cruz Quezada, individually and on
behalf of others similarly situated v. YTS Trading LLC
(d/b/a Jack's Egg Farm & Sugar), Jack Egg Farm Inc. (d/b/a Jack's
Egg Farm), Jack Egg LLC (d/b/a Jack's Egg Farm), Jack's Eggs and
Other Ingredients LLC (d/b/a Jack's Egg Farm & Sugar), Jack
Neustadt, Mordechai Neustadt, and Jack Stein, Case No. 1:17-cv-
02395 (E.D.N.Y., April 21, 2017), is brought against the
Defendants for failure to pay minimum and overtime wages in
violation of the Fair Labor Standards Act.
The Defendants own, operate, or control an egg and sugar
distribution center located at 130 44th Street, Brooklyn, New York
11232 under the name Jack's Egg Farm & Sugar. [BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, PC
60 East 42nd Street, Suite 2540
New York, NY 10165
Telephone: (212) 317-1200
E-mail: Michael@Faillacelaw.com
ZURICH AMERICAN: Sued in Fla. Over Alleged Breach of Contract
-------------------------------------------------------------
Ocwen Financial Corporation and Ocwen Loan Servicing, LLC,
individually and on behalf of all others similarly situated v.
Zurich American Insurance Company and American Guarantee and
Liability Insurance Company, Case No. 9:17-cv-80503-RLR (S.D.
Fla., April 21, 2017), is an action for breach of contract arising
from Zurich's improper denial of coverage under Zurich Commercial
General Liability Policy, No. CPO 5912163-03 and Zurich Commercial
Umbrella Policy No. AUC 5833066-01.
According to the compliant, Zurich refused to defend Ocwen against
the lawsuit captioned Beecroft v. Ocwen Loan Servicing, LLC, Case
No. 15-cv-00094-MJD JSM (D.Minn. Jan. 15, 2015) ("Beecroft Suit"),
which was transferred and consolidated with the lawsuit captioned
Keith Snyder, et al. v. Ocwen Loan Servicing, Case No. 1:14-cv-
08461 (N.D. Ill. October 27, 2014) ("Snyder Suit"). Zurich's
refusal to defend was a breach of contract because some of the
allegations in the Underlying Action were potentially covered
under the Zurich Policies, thus triggering Zurich's duty to
defend.
Ocwen Financial Corporation and Ocwen Loan Servicing, LLC are
engaged in the servicing and origination of mortgage loans with
its principal place of business in West Palm Beach, Florida.
Zurich American Insurance Company and American Guarantee and
Liability Insurance Company are engaged in the insurance business
with a principal place of business located in Schaumburg,
Illinois.
The Plaintiff is represented by:
R. Hugh Lumpkin, Esq.
Andrew M. Shapiro, Esq.
VER PLOEG & LUMPKIN, PA
100 SE Second St., 30th Fl.
Miami, FL 33131
Telephone: (305) 577-3996
E-mail: rlumpkin@vpl-law.com
ashapiro@vpl-law.com
- and -
Timothy P. Law, Esq.
REED SMITH LLP
Three Logan Square
1717 Arch Street, Suite 3100
Philadelphia, PA 19103
Telephone: (215) 851- 8100
E-mail: tplaw@reedsmith.com
- and -
Anthony Crawford, Esq.
REED SMITH LLP
599 Lexington Avenue
New York, NY 10022
Telephone: (212) 521-5400
E-mail: acrawford@reedsmith.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
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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.
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