/raid1/www/Hosts/bankrupt/CAR

/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 Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala, Joy A. Agravantefor, Valerie Udtuhan, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2017. 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