/raid1/www/Hosts/bankrupt/CAR_Public/170615.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, June 15, 2017, Vol. 19, No. 119
Headlines
5454 AIRPORT: "Khreas" Suit Seeks to Recover Unpaid Wages
AEROTEK INC: "Abdul-Hasib" Suit Seeks Unpaid Overtime Wages
AKORN INC: Faces "Berg" Securities Suit Over Sale to Fresenius
ALLIED EAGLE: Fails to Pay Employees OT, "Gonzales" Suit Says
ALLSCRIPTS HEALTHCARE: Possible Perjury by Plaintiff, Judge Says
AMEREN CORPORATION: 2018 Trial in Municipal Taxes Class Suit
APLINGTON KAUFMAN: Nay's Protective-Certification Bid Continued
BANK OF THE OZARKS: Parties Agree in Non-Binding Mediation
BEAVEX INC: "Henderson" Suit Seeks to Recover Unpaid Overtime
CAESARS ENTERPRISE: Faces "Arwine-Lucas" Suit Under FLSA, Mo. Law
CAPITAL ONE: Second Circuit Appeal Filed in "Roberts" Class Suit
CATHAY PACIFIC: "Goldthorpe" Seeks to Recover Unpaid OT Wages
COGNIZANT TECHNOLOGY: Securities Class Action Underway
COOK COUNTY, IL: Seeks 7th Cir. Review of Ruling in "Lacy" Suit
CORECIVIC INC: "Owino" Action Sues Over Forced Labor
COVERALL NORTH: Gonzalez Appeals C.D. Cal. Ruling to 9th Circuit
CSAA INSURANCE: Faces "Jones" Suit Over Failure to Pay Overtime
DESI & FRIENDS: "Alessandro" Suit Alleges FLSA Violation
DIRECTV LLC: Lonstein Appeals Ruling in "Perez" Suit to 9th Cir.
DYNAMIC RECOVERY: Mora's Bid for Class Certification Continued
DYNAMIC RECOVERY: Teifeld Moves to Certify 2 Classes Under FDCPA
ECUA RESTAURANT: "Piedra" Sues Over Unpaid Overtime
EXPERT GROUP: Colony Appeals D. Colorado Ruling to Tenth Circuit
FCA US: Must Honor Warranty, Says "Mooradian" Suit
FG DINER: "Arriola" Suits Seeks Unpaid Wages, Damages
FINANCE SYSTEM: Wins Bid to Dismiss "Boucher" FDCPA Class Suit
FLAGSHIP RESORT: Faces "Colosimo" Suit Under FLSA, NJ Wage Law
FNCB BANCORP: Awaits Final Approval of Settlement
FORESTAR GROUP: Faces "Assad" Suit Over Terra Firma Merger
FOUGERA PHARMACEUTICALS: KPH Alleges Desonide Overpricing
FRESH MARKET: Certification of Class Sought in "Sherman" Suit
GLOBAL FITNESS: Paul Appeals Ruling in "Gascho" Suit to 6th Cir.
HARTFORD FIRE: Andreas-Moses Moves for Certification of Class
HEALTH INSURANCE: Faces "Moser" Suit Over Prerecorded Calls
HESKA CORPORATION: "Fauley" Suit Remains Pending in N.D. Ill.
INFANTINO MOTORS: "Lu" Suit Seeks to Recover Unpaid Overtime
INTREXON CORP: Seppen Appeals Securities Suit Ruling to 9th Cir.
JOE JAPANESE: "Ortiz" Suit Seeks Unpaid OT, Minimum Wages
KATE SPADE: Faces "Ali" Securities Suit Over Sale to Coach, Inc.
KATE SPADE: Faces "Garcia" Suit in N.Y. Over Coach Tender Offer
KENTUCKY, USA: Maze Appeals Ruling in Suit v. BOD to Supreme Ct.
LANCASTER WINGS: Faces "Barton" Suit Alleging FLSA Violation
LEXINGTON LAW: Faces "Cunningham" Suit Alleging TCPA Violation
MATTRESS FIRM: Faces "Herrera" Suit Seeking to Recoup OT Pay
MCCUSKER HOLDING: "Sergiyenko" Demands Payment of Unpaid Overtime
METLIFE INC: Westland Police Suit Still Pending in S.D.N.Y.
METLIFE INC: Settlement in Birmingham Retirement Suit Approved
METLIFE INC: Still Defends "Owens" Class Suit in N.D. Ga.
METLIFE INC: "Voshall" Class Suit Underway in California
METLIFE INC: Plaintiffs' Appeal in "Martin" Case Underway
METLIFE INC: Still Defends "Lau" Class Suit in New York
METLIFE INC: Plaintiff's Appeal in "Newman" Suit Underway
METLIFE INC: "Miller" Class Suit Underway in California
MILWAUKEE ELECTRIC: Paldo Sign Sues Over Illegal Faxed Ads
MS INTERNATIONAL: Faces "Anvar" Suit Alleging False Advertising
MYLAN INC: KPH Sues Over Generic Benazepril Price-fixing
MYLAN INC: KPH Sues Over Generic Amitryptylin Price-fixing
NATROL LLC: Falsely Marketed Biotin Products, "Jensen" Suit Says
NETGEAR INC: Defending Against "Williams" Suit
NEWLINK GENETICS: Securities Class Action Pending in New York
ONEBEACON INSURANCE: Faces "Bushansky" Suit Over Sale to Intact
PAR PHARMA: KPH Sues Over Generic Baclofen Price-Fixing
PATHWAY LEASING: Faces "Fisher" Suit Alleging FLSA Breach
PJ PIZZA: Seeks Ninth Circuit Review of Ruling in "Ross" Suit
PLANESPHERE INC: Ries Moves to Certify Classes Under IMWL & IWPCA
PORTFOLIO RECOVERY: Faces "Jaggars" Suit Alleging FDCPA Violation
RASH CURTIS: Certification of Classes Sought in "McMillion" Suit
RP CAPITAL: Brown, et al. Sue After Aequitas Investments Fails
SCRAM OF CALIFORNIA: Hansen's Bid to Certify Class Due August 21
SECURUS TECHNOLOGIES: "Huff" Files Suit Over Illegal Wiretapping
SIRIUS XM: Sweeney Appeals Decision in "Hooker" Suit to 4th Cir.
SPRING BRANCH: Faces "Henson-Gibson" Suit Alleging FLSA Violation
STEAK N SHAKE: Drake Seeks to Certify Class of Missouri Managers
STEAK N SHAKE: Wants to Decertify FLSA Collective in "Drake" Suit
TENNECO INC: Still Faces Suit over Anticompetitive Conduct
TERREBONNE ARC: Certification of Class Sought in "Robinson" Suit
TRANSGLOBAL SERVICES: Brown, et al. Alleges Misclassification
TRG CUSTOMER: "Myers" Wants Compensation for Off-the-Clock Work
UMPQUA HOLDINGS: Class Action Appeal Underway
VEECO INSTRUMENTS: Faces Class Suit by Ultratech Shareholders
WELCH FOODS: "Hall" Class Suit Removed to New Jersey Dist.
WGL HOLDINGS: Still Defends Suit over Apartment Fire
*********
5454 AIRPORT: "Khreas" Suit Seeks to Recover Unpaid Wages
---------------------------------------------------------
Issa Khreas, Plaintiff, v. 5454 Airport, L.L.C., BLP Operations,
LLC, Little York Plaza Texaco, LLC and Patricia Boulos Ganim,
Defendants, Case No. 4:17-cv-01645 (S.D. Tex., June 1, 2017),
seeks to recover unpaid overtime wages and damages and requests an
order allowing this action to proceed as a collective action under
the Fair Labor Standards Act of 1938.
Defendants owned, managed, controlled and operated a gas station
and convenient store named Airport Texaco located at 5454 Airport
Boulevard in Houston, Texas where Khreas was employed as a
cashier. [BN]
Plaintiff is represented by:
Melissa Moore, Esq.
Curt Hesse, Esq.
Bridget Davidson, Esq.
MOORE & ASSOCIATES
Lyric Center
440 Louisiana Street, Suite 675
Houston, TX 77002
Telephone: (713) 222-6775
Facsimile: (713) 222-6739
AEROTEK INC: "Abdul-Hasib" Suit Seeks Unpaid Overtime Wages
-----------------------------------------------------------
Lina Abdul-Hasib, on behalf of herself and others similarly
situated, Plaintiff, v. Aerotek, Inc., Defendant, Case No. 1:17-
cv-01502 (D. Md., June 1, 2017), seeks unpaid overtime wages,
prejudgment interest and liquidated damages, litigation costs,
expenses and attorneys' fees and such other and further relief
under the provisions of Fair Labor Standards Act.
Aerotek operates call centers in Maryland, Rhode Island, and many
other states. Plaintiff worked for Aerotek as a call center agent
in their Lincoln, Rhode Island call center, handling customer
service phone calls on behalf of CVS Health Corporation, a
national drug store chain. [BN]
Plaintiff is represented by:
Nicholas A. Migliaccio, Esq.
Jason S. Rathod, Esq.
MIGLIACCIO & RATHOD LLP
412 H Street N.E., Suite 302
Washington, DC 20002
Tel: (202) 470-3520
Email: nmigliaccio@classlawdc.com
jrathod@classlawdc.com
- and -
Peter Winebrake, Esq.
R. Andrew Santillo, Esq.
Mark J. Gottesfeld, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
Tel: (215) 884-2491
AKORN INC: Faces "Berg" Securities Suit Over Sale to Fresenius
---------------------------------------------------------------
ROBERT BERG, Individually and On Behalf of All Others Similarly
Situated, Plaintiff, v. AKORN, INC., JOHN N. KAPOOR, KENNETH S.
ABRAMOWITZ, ADRIENNE L. GRAVES, RONALD M. JOHNSON, STEVEN J.
MEYER, TERRY A. RAPPUHN, BRIAN TAMBI, ALAN WEINSTEIN, RAJ RAI,
FRESENIUS KABI AG, and QUERCUS ACQUISITION, INC., Defendants, Case
No. 3:17-cv-00350-BAJ-RLB (M.D. La., June 2, 2017), alleges that
Defendants issued a Proxy Statement relating to the acquisition of
Akorn, Inc. by Fresenius Kabi AG through Parent's wholly-owned
subsidiary, Quercus Acquisition, Inc. that omits material
information, rendering the Proxy Statement false and misleading in
violation of the U.S. Securities and Exchange Act.
Pursuant to the terms of the Merger Agreement, Fresenius will
acquire all of the outstanding shares of Akorn common stock for
$34.00 per share in cash.
However, the Proxy Statement omits material information regarding
the Company's financial projections and the analyses performed by
the Company's financial advisor, J.P. Morgan, in support of its
so-called fairness opinion, says the complaint. It adds that the
Proxy Statement omits material information regarding (i) potential
conflicts of interest of the Company's officers and directors,
(ii) potential conflicts of interest of J.P. Morgan, (iii) and the
background of the Proposed Transaction.
For example, the complaint relates, the Proxy Statement fails to
disclose whether any potential bidders other than Fresenius
entered into a "clean team confidentiality agreement" with Akorn,
and Akorn's basis for entering into such agreement with Fresenius.
Akorn is a specialty generic pharmaceutical company that develops,
manufactures, and markets generic and branded prescription
pharmaceuticals and branded as well as private-label over-the-
counter consumer health products and animal health
pharmaceuticals.[BN]
The Plaintiff is represented by:
Eric J. O'Bell, Esq.
O'BELL LAW FIRM, LLC
3500 North Hullen Street
Metairie, LA 70002
Phone: (504) 456-8677
Fax: (504) 456-8653
E-mail: ejo@OBellLawFirm.com
- and -
Brian D. Long, Esq.
Gina M. Serra, Esq.
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Phone: (302) 295-5310
- and -
Richard A. Maniskas, Esq.
RM LAW, P.C.
1055 Westlakes Drive, Suite 3112
Berwyn, PA 19312
Phone: (484) 324-6800
ALLIED EAGLE: Fails to Pay Employees OT, "Gonzales" Suit Says
-------------------------------------------------------------
Elizar Gonzales, individually and on behalf of all others
similarly situated v. Allied Eagle Transports, LLC and Jose Pena,
Case No. 7:17-cv-00111 (W.D. Tex., June 5, 2017), is brought
against the Defendants for failure to pay overtime compensation
for the hours in excess of 40 hours in a single week.
Headquartered at 13581 West 57th Street, Odessa, Texas 79764
9567, Allied Eagle Transports, LLC, provides delivery services to
oil and gas wells throughout Texas. [BN]
The Plaintiff is represented by:
Josh Sanford, Esq.
SANFORD LAW FIRM, PLLC
One Financial Center
650 South Shackleford Road, Suite 411
Little Rock, AR 72211
Telephone: (501) 221-0088
Facsimile: (888) 787-2040
E-mail: josh@sanfordlawfirm.com
ALLSCRIPTS HEALTHCARE: Possible Perjury by Plaintiff, Judge Says
----------------------------------------------------------------
Diana Novak Jones, writing for Law360, reported that an Illinois
federal magistrate judge had harsh words June 2 for attorneys in a
$200 million Telephone Consumer Protection Act case against
Allscripts, writing in a lengthy order denying class certification
that the suing clinic and its attorneys may have committed perjury
during discovery.
Named plaintiff Physicians Healthsource Inc. had moved to certify
two classes of junk fax recipients, but U.S. Magistrate Judge
Jeffrey Cole criticized the medical practice and its attorneys for
their purportedly false answers to interrogatories from Allscripts
Healthcare Solutions Inc., the health records and supplies company
being targeted by the suit.
Physicians Healthsource is essentially a "professional litigant in
junk fax cases," Judge Cole wrote, citing the practice's lawsuits
against at least 18 different companies over junk faxes. All of
those suits were filed with Anderson + Wanca, which is among the
law firms asking to be named class counsel in the Allscripts case,
he noted.
Physicians Healthsource "is not a newcomer to the process (far
from it) and cannot possess so cavalier an attitude to its
responsibilities in litigation -- responsibilities which lie at
the core of our system of truth-seeking," Judge Cole said.
He also criticized the firms seeking to represent the class --
Anderson + Wanca, Bock Hatch Lewis & Oppenheim LLC, and Montgomery
Rennie & Jonson LPA -- for allowing client and Physicians
Healthsource employee Dr. John Ruch to give answers to questions
about whether the practice was a customer of Allscripts that
contradicted the clinic's answers in the interrogatories.
"If the lawyers had knowledge of the truth from the beginning,
they cannot be class counsel," Judge Cole wrote. "And if they
didn't know and didn't bother to talk to Dr. Ruch before the
[interrogatory] answers were filed, they simply cannot be counted
on to be an adequate class counsel."
The faxes at issue allegedly advertised free cookies and beach
towels with the purchase of office supplies, among other things.
The suit says the faxes went out to more than 150,000 people.
While the class certification denial cuts off the medical
practice's shot at a potential $200 million liability, Judge Cole
left the door open to Physicians Healthsource moving forward
alone.
In another strongly worded opinion issued on June 2, Judge Cole
rejected Allscripts' motion for summary judgment, saying the
company failed to prove it had sent the faxes with Physicians
Healthsource's permission. Their motion "begins weakly and
finishes worse," Judge Cole said, noting that despite the issues
Physicians Healthsource had with responding to the question of
whether it was a customer of Allscripts, Allscripts chose to
assume the practice was not.
Allscripts had argued that Physicians Healthsource made its fax
number public and thus consented to receiving all faxes. But that
argument works under the TCPA only when there is an established
business relationship, which Allscripts has already said there was
not, Judge Cole said.
He also knocked down Allscripts' efforts to use a fax policy the
clinic posted in its office as evidence the practice consented to
receive the faxes. The policy, which says employees may give out
the fax number only to specific callers, must be accompanied by a
business relationship for it to count as permission, Judge Cole
said.
Plus, Allscripts quoted only a piece of the policy in court
filings, he said, leaving out the part that said the number could
be given out only to callers from a set of specific categories,
none of which would have included Allscripts.
In his rulings, Judge Cole took significant space to express his
bewilderment at the concept of junk faxes, the suits that
accompany them under the TCPA, and the dispute between Allscripts
and Physicians Healthsource as a whole.
The Allscripts case stems from a separate junk fax case against
the company that settled in 2012, earning plaintiffs counsel more
than $600,000 in fees, Judge Cole said. Physicians Healthsource
claims that Allscripts withheld more than 30 of its junk faxes in
discovery in that case, but rather than seeking some sort of
disciplinary action against Allscripts, the practice filed this
new suit over those specific faxes, he said.
"From the plaintiff's business perspective, all this is about two
or three dozen faxes sent over the course of three and a half
years -- meaning the plaintiff's fax machine, if there was one,
didn't even 'whir' at an average of once a month," he wrote.
But the liability attached to those 30-some faxes was significant,
in part because Allscripts did not stop sending them, Judge Cole
said.
"One might think a business that had just agreed to pay well over
a half million dollars in legal fees, over and above monetary
damages, would adjust its marketing strategy a bit," he said. "Or,
at the very least, stop sending faxes to what might be one of the
more litigious businesses, in terms of junk fax litigation, in the
country."
* * *
Allscripts Healthcare Solutions, Inc. said in its Form 10-Q Report
filed with the Securities and Exchange Commission on May 5, 2017,
for the quarterly period ended March 31, 2017, that, "On May 1,
2012, Physicians Healthsource, Inc. filed a class action complaint
in the U.S. District Court for the Northern District of Illinois
against us. The complaint alleges that, on multiple occasions
between July 2008 and December 2011, we or our agent sent
advertisements by fax to the plaintiff and a class of similarly
situated persons, without first receiving the recipients' express
permission or invitation in violation of the Telephone Consumer
Protection Act, 47 U.S.C. Sec. 227 (the "TCPA"). The plaintiff
seeks $500 for each alleged violation of the TCPA, treble damages
if the Court finds the violations to be willful, knowing or
intentional; and injunctive and other relief. Allscripts answered
the complaint denying all material allegations and asserting a
number of affirmative defenses, as well as counterclaims for
breach of a license agreement."
"After plaintiff's motion to compel arbitration of the
counterclaims was granted, Allscripts made a demand in arbitration
where the counterclaims remain pending. Discovery in the proposed
class action has now concluded.
"On March 31, 2016, plaintiff filed its motion for class
certification. On May 31, 2016, we filed our opposition to
plaintiff's motion for class certification, and simultaneously
moved for summary judgment on all of plaintiff's claims. Plaintiff
submitted its reply memorandum in support of its motion for class
certification and its opposition to our motion for summary
judgment on July 14, 2016 and July 21, 2016, respectively.
Allscripts Healthcare Solutions delivers information technology
("IT") solutions and services to help healthcare organizations
achieve optimal clinical, financial and operational results.
Physicians Healthsource, Inc., Plaintiff, represented by Brian J.
Wanca -- bwanca@andersonwanca.com -- Anderson & Wanca.
Physicians Healthsource, Inc., Plaintiff, represented by Phillip
A. Bock -- phil@classlawyers.com -- Bock Law Firm, LLC dba Bock,
Hatch, Lewis & Oppenheim, LLC, Glenn L. Hara --
ghara@andersonwanca.com -- Anderson & Wanca, James Michael Smith -
- jim@classlawyers.com -- Bock Law Firm, LLC dba Bock, Hatch,
Lewis & Oppenheim, LLC, John P. Orellana -- johno@classlawyers.com
-- Bock, Hatch, Lewis & Oppenheim, LLC, Julia Lynn Titolo, Bock,
Hatch, Lewis & Oppenheim, LLC, Kerry Ann Bute -- kbute@mrjlaw.com
-- Montgomery, Rennie & Johnson, LPA, Matthew Elton Stubbs --
mstubbs@mrjlaw.com -- Montgomery Rennie & Jonson, Max G. Margulis
-- MaxMargulis@MargulisLaw.com -- Margulis Law Group, Ross Michael
Good -- rgood@andersonwanca.com -- Anderson Wanca, Ryan M. Kelly -
- rkelly@andersonwanca.com -- Anderson & Wanca, Tod Allen Lewis --
tod@classlawyers.com -- Bock Law Firm, LLC dba Bock, Hatch, Lewis
& Oppenheim, LLC & Wallace Cyril Solberg --
wsolberg@andersonwanca.com -- Anderson Wanca.
Allscripts-Misy's Healthcare Solutions, Inc., Defendant,
represented by Livia McCammon Kiser -- LKISER@SIDLEY.COM -- Sidley
Austin LLP, Andrew Jacob Chinsky -- LAWRENCE.FOGEL@SIDLEY.COM --
Sidley Austin LLP & Lawrence P. Fogel, Sidley Austin LLP.
Allscripts Healthcare Solutions, Inc., Defendant, represented by
Livia McCammon Kiser, Sidley Austin LLP.
Allscripts Healthcare, LLC, Defendant, represented by Livia
McCammon Kiser, Sidley Austin LLP.
AMEREN CORPORATION: 2018 Trial in Municipal Taxes Class Suit
------------------------------------------------------------
Ameren Corporation said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2017, for the
quarterly period ended March 31, 2017, that a 2018 trial has been
set in the class action lawsuit related to Ameren Missouri
municipal taxes.
The cities of Creve Coeur and Winchester, Missouri, on behalf of
themselves and other municipalities in Ameren Missouri's service
area, filed a class action lawsuit in 2011 against Ameren Missouri
in the Circuit Court of St. Louis County, Missouri. The lawsuit
alleges that Ameren Missouri failed to collect and pay gross
receipts taxes or license fees on certain revenues, including
revenues from wholesale power and interchange sales. Ameren and
Ameren Missouri recorded immaterial liabilities on their
respective balance sheets as of March 31, 2017, and December 31,
2016, representing their estimate of the probable loss due as a
result of this lawsuit.
Ameren and Ameren Missouri believe there is a remote possibility
that a liability relating to this lawsuit could be material to
Ameren's and Ameren Missouri's results of operations, financial
position, and liquidity. Ameren Missouri believes its defenses are
meritorious and is defending itself vigorously. However, there can
be no assurances that Ameren Missouri will be successful in its
efforts. A 2018 trial has been set and an order is expected later
that year.
Ameren, headquartered in St. Louis, Missouri, is a public utility
holding company under PUHCA 2005.
APLINGTON KAUFMAN: Nay's Protective-Certification Bid Continued
---------------------------------------------------------------
The U.S. District Court for the Northern District of Illinois
granted the Plaintiffs' motion to continue the protective-
certification motion filed in the lawsuit entitled Kimberly L.
Nay, et al. v. Aplington, Kaufman, McClintock, Steele & Barry,
Ltd., et al., Case No. 1:17-cv-04028 (N.D. Ill.).
A copy of the Notification of Docket Entry is available at no
charge at http://d.classactionreporternewsletter.com/u?f=WW4VUk0j
BANK OF THE OZARKS: Parties Agree in Non-Binding Mediation
----------------------------------------------------------
Bank of the Ozarks, Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on May 5, 2017, for the
quarterly period ended March 31, 2017, that the parties in a class
action lawsuit are now engaged in pre-trial discovery and have
agreed to participate in non-binding mediation regarding the
plaintiff's claims.
On December 19, 2011, the Company and Bank were named as
defendants in a purported class action lawsuit filed in the
Circuit Court of Lonoke County, Arkansas, Division III, styled
Robert Walker, Ann B. Hines and Judith Belk vs. Bank of the
Ozarks, Inc. and Bank of the Ozarks. On December 20, 2012, the
Bank was named as a defendant in a purported class action lawsuit
filed in the Circuit Court of Pulaski County, Arkansas, Ninth
Division, styled Audrey Muzingo v. Bank of the Ozarks.
Subsequently, counsel for the plaintiffs in the Walker case and
counsel for the plaintiff in the Muzingo case have reached an
agreement whereby Ms. Muzingo is now considered a member of the
class in the Walker case. The complaint challenges the manner in
which overdraft fees were charged and the policies related to the
posting order of payments. In addition, the complaint alleges
violations of the Arkansas Deceptive Trade Practices Act. The
complaint seeks to have the case certified by the court as a class
action for all Bank account holders located in the State of
Arkansas similarly situated, and seeks (1) a declaratory judgment
as to the wrongful nature of the Bank's overdraft fee policies,
(2) restitution of overdraft fees paid by the plaintiffs and the
putative class as a result of the actions cited in the complaint,
(3) disgorgement of profits as a result of the alleged wrongful
actions, (4) unspecified compensatory and statutory or punitive
damages, and (5) pre-judgment interest, costs, and plaintiffs'
attorneys' fees.
The Company and the Bank filed a motion to dismiss and to compel
arbitration pursuant to the terms of the consumer deposit account
agreement, which was denied by the trial court. The Company and
the Bank appealed the trial court's ruling to the Arkansas Supreme
Court on an interlocutory basis.
The Arkansas Supreme Court recently affirmed the trial courts'
decision to deny the Company and Bank's motion to compel
arbitration, finding that there was no mutual agreement or
obligation to arbitrate under the terms of the subject deposit
account agreement. The parties are now engaged in pre-trial
discovery and have agreed to participate in non-binding mediation
regarding the plaintiff's claims.
Although there are significant uncertainties in any purported
class action litigation, the Company and the Bank believe that the
Plaintiffs' claims are subject to meritorious defenses and intend
to defend against these claims.
Bank of the Ozarks, Inc. (the "Company") is a bank holding company
headquartered in Little Rock, Arkansas, which operates under the
rules and regulations of the Board of Governors of the Federal
Reserve System.
BEAVEX INC: "Henderson" Suit Seeks to Recover Unpaid Overtime
-------------------------------------------------------------
Nikko Henderson, individually and on behalf of others similarly
situated v. BeavEx, Inc., Case No. 5:17-cv-00626-R (W.D. Ok., June
5, 2017), seeks to recover unpaid overtime wages, liquidated
damages, prejudgment interest, civil penalties and costs,
including reasonable attorney's fees pursuant to the Fair Labor
Standards Act.
BeavEx, Inc. is in the business of providing delivery and
logistics services throughout the United States. [BN]
The Plaintiff is represented by:
Josh Sanford, Esq.
SANFORD LAW FIRM, PLLC
One Financial Center
650 South Shackleford Road, Suite 411
Little Rock, AR 72211
Telephone: (501) 221-0088
Facsimile: (888) 787-2040
E-mail: josh@sanfordlawfirm.com
- and -
Jeremi K. Young, Esq.
Tim Newsom, Esq.
YOUNG & NEWSOM, P. C.
1001 S. Harrison, Suite 200
Amarillo, TX 79101
Telephone: (806) 331-1800
Facsimile: (806) 379-7176
E-mail: jyoung@youngfirm.com
tim@youngfirm.com
CAESARS ENTERPRISE: Faces "Arwine-Lucas" Suit Under FLSA, Mo. Law
-----------------------------------------------------------------
JENNIFER M. ARWINE-LUCAS, and KEVIN L. LUCAS, both individually,
and on behalf of all others similarly situated, Plaintiffs, v.
CAESARS ENTERPRISE SERVICES, LLC, Defendant, Case No. 4:17-cv-
00451-HFS (W.D. Mo., June 2, 2017), alleges that Defendant failed
to pay Plaintiffs, and other similarly situated employees, the
mandated federal and/or state minimum wage rate for all hours
worked and overtime for all hours worked over 40 in a single
workweek.
In particular, says the complaint, Defendant's time-clock rounding
policy, procedure, and practice is used in such a manner that it
results, over a period of time, in the failure to compensate its
employees properly for all time worked. Defendant also failed to
properly inform its tipped employees of the required tip credit
provisions.
Defendant also (i) failed to pay its employees for participating
in compensable training sessions required by Defendant, (ii)
miscalculated its employees' regular rate of pay for overtime
purposes, resulting in unpaid overtime compensation; and (iii)
subjected its employees to automatic thirty-minute meal period
deductions even when those employees did not receive a thirty-
minute bona fide meal period during their shift.
The case raises allegations of violation of the Fair Labor
Standards Act and the Missouri Minimum Wage Law.
Defendant is a centralized services company that employs personnel
who provide services to casino or gaming entertainment
properties.[BN]
The Plaintiff is represented by:
Ryan L. McClelland, Esq.
Joni E. Bodnar, Esq.
McCLELLAND LAW FIRM
The Flagship Building
200 Westwoods Drive
Liberty, MO 64068-1170
Phone: (816) 781-0002
Fax: (816) 781-1984
E-mail: ryan@mcclellandlawfirm.com
jbodnar@mcclellandlawfirm.com
CAPITAL ONE: Second Circuit Appeal Filed in "Roberts" Class Suit
----------------------------------------------------------------
Plaintiff Tawanna M. Roberts filed an appeal from a District Court
opinion and order dated May 4, 2017, entered in the lawsuit
entitled Roberts v. Capital One Financial Corporation, DBA Capital
One Bank, Case No. 16-cv-4841, in the U.S. District Court for the
Southern District of New York (New York City).
As previously reported in the Class Action Reporter, the lawsuit
seeks restitution of all overdraft fees paid, disgorgement of ill-
gotten gains derived from misconduct, actual damages, punitive and
exemplary damages, pre-judgment interest, costs and disbursements
in connection with this action including reasonable attorney fees
and such other relief resulting from unjust enrichment and breach
of contract and covenant of good faith and fair dealing and
violation of New York General Business Laws.
The Defendants allegedly deduct a $35 overdraft fee automatically
from the checking account linked to a debit card for transactions
in excess of the current balance despite claims by the Plaintiff
that this wasn't stipulated in their contract.
The appellate case is captioned as Roberts v. Capital One
Financial Corporation, DBA Capital One Bank, Case No. 17-1762, in
the United States Court of Appeals for the Second Circuit.[BN]
Plaintiff-Appellant Tawanna M. Roberts, on behalf of herself and
all others similarly situated, is represented by:
Jeffrey D. Kaliel, Esq.
TYCKO & ZAVAREEI LLP
1828 L Street, NW
Washington, DC 20036
Telephone: (202) 973-0900
Facsimile: (202) 973-0950
E-mail: Jkaliel@tzlegal.com
Defendant-Appellee Capital One, N.A., is represented by:
James R. McGuire, Esq.
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, CA 94105
Telephone: (415) 268-7000
E-mail: jmcguire@mofo.com
CATHAY PACIFIC: "Goldthorpe" Seeks to Recover Unpaid OT Wages
-------------------------------------------------------------
Dan Goldthorpe, James Donovan, Chris Bennett, James Isherwood and
David Vincent, on behalf of themselves and all similarly situated
individuals v. Cathay Pacific Airways Limited and USA Basing
Limited, Case No. 3:17-cv-03233 (N.D Cal., June 5, 2017), seeks to
recover unpaid overtime wages, minimum wages, interest thereon,
waiting time penalties, and other penalties, injunctive relief,
declaratory relief and reasonable attorney fees and costs, under
the California Labor Code.
The Defendants operate an airline company located in San
Francisco, California. [BN]
The Plaintiff is represented by:
David E. Mastagni, Esq.
Isaac Stevens, Esq.
Ace T. Tate, Esq.
MASTAGNI HOLSTEDT
A Professional Corporation
1912 I Street
Sacramento, CA 95811-3151
Telephone: (916) 446-4692
Facsimile: (916) 447-4614
E-mail: davidm@mastagni.com
- and -
Nathan Alder, Esq.
Sarah E. Spencer, Esq.
Bryson Brown, Esq.
CHRISTENSEN & JENSEN
257 East 200 South, Suite 1100
Salt Lake City, UT 84111
Telephone: (801) 323-5000
Facsimile: (801) 355-3472
E-mail: nathan.alder@chrisjen.com
sarah.spencer@chrisjen.com
bryson.brown@chrisjen.com
COGNIZANT TECHNOLOGY: Securities Class Action Underway
------------------------------------------------------
Cognizant Technology Solutions Corporation said in its Form 10-Q
Report filed with the Securities and Exchange Commission on May 5,
2017, for the quarterly period ended March 31, 2017, that the
defendants have until June 6, 2017 to answer or move to dismiss
the consolidated amended complaint in a class action lawsuit.
The Company said, "We are conducting an internal investigation
focused on whether certain payments relating to Company-owned
facilities in India were made improperly and in possible violation
of the U.S. Foreign Corrupt Practices Act, or FCPA, and other
applicable laws. In September 2016, we voluntarily notified the
DOJ and SEC, and are cooperating fully with both agencies. The
investigation is being conducted under the oversight of the Audit
Committee, with the assistance of outside counsel. To date, the
investigation has identified a total of approximately $6 million
in payments made between 2010 and 2015 that may have been
improper. Based on the results of the investigation to date, no
material adjustments, restatements or other revisions to our
previously issued financial statements are required."
"On October 5, 2016, October 27, 2016, and November 18, 2016,
three putative securities class action complaints were filed in
the United States District Court for the District of New Jersey,
naming us and certain of our current and former officers as
defendants. In an order dated February 3, 2017, the United States
District Court for the District of New Jersey consolidated the
three putative securities class actions into a single action and
appointed lead plaintiffs and lead counsel. On April 7, 2017, the
lead plaintiffs filed a consolidated amended complaint on behalf
of a putative class of stockholders who purchased our common stock
during the period between February 27, 2015 and September 29,
2016, naming us and certain of our current and former officers as
defendants and alleging violations of the Securities Exchange Act
of 1934, as amended, based on allegedly false or misleading
statements related to potential violations of the FCPA, our
business, prospects and operations, and the effectiveness of our
internal controls over financial reporting and our disclosure
controls and procedures. The lead plaintiffs seek an award of
compensatory damages, among other relief, and their reasonable
costs and expenses, including attorneys' fees. Under a stipulation
filed by the parties on February 23, 2017, defendants have until
June 6, 2017 to answer or move to dismiss the consolidated amended
complaint."
Cognizant Technology Solutions Corporation is one of the world's
leading professional services companies, transforming customers'
business, operating and technology models for the digital era.
COOK COUNTY, IL: Seeks 7th Cir. Review of Ruling in "Lacy" Suit
---------------------------------------------------------------
Defendants Cook County, Illinois, and Thomas J. Dart filed an
appeal from a court ruling in the lawsuit titled Johnathan Lacy,
et al. v. Cook County, Illinois, et al., Case No. 1:14-cv-06259,
in the U.S. District Court for the Northern District of Illinois,
Eastern Division.
As previously reported in the Class Action Reporter, Plaintiffs
Jonathan Lacy, Kenneth Farris, Marquis Bowers, Maurice Boston, and
Kevin Dawson, filed a putative class action amended complaint
against defendants Thomas Dart, Sheriff of Cook County, Illinois,
Cook County, Illinois, Sergeant Johnson, and correctional officers
Nawara, Lopez, and Wilson, alleging violations of section 202 of
the Americans with Disabilities Act and the Rehabilitation Act.
The appellate case is captioned as Johnathan Lacy, et al. v. Cook
County, Illinois, et al., Case No. 17-2141, in the U.S. Court of
Appeals for the Seventh Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Transcript information sheet is due by June 15, 2017; and
-- Appellant's brief due on or before July 11, 2017, for Cook
County, Illinois and Thomas J. Dart.[BN]
Plaintiffs-Appellees JOHNATHAN LACY, KENNETH FARRIS, MARQUE
BOWERS, MAURICE BOSTON and KEVIN DAWSON, individually and for all
others similarly situated, are represented by:
Joel A. Flaxman, Esq.
LAW OFFICES OF KENNETH N. FLAXMAN P.C.
200 S. Michigan, Suite 202
Chicago, IL 60604
Telephone: (312) 427-3200
Facsimile: (312) 427-3930
E-mail: jaf@kenlaw.com
Defendant-Appellant COOK COUNTY, ILLINOIS, is represented by:
Jacqueline B. Carroll, Esq.
OFFICE OF THE COOK COUNTY STATE'S ATTORNEY
50 W. Washington Street
500 Richard J. Daley Center
Chicago, IL 60602-0000
Telephone: (312) 603-6634
E-mail: jacqueline.carroll@cookcountyil.gov
Defendant-Appellant THOMAS J. DART, Sheriff of Cook County, is
represented by:
Nicholas Cummings, Esq.
OFFICE OF THE COOK COUNTY STATE'S ATTORNEY
50 W. Washington Street
Chicago, IL 60602-0000
Telephone: (312) 603-6638
E-mail: nicholas.cummings@cookcountyil.gov
CORECIVIC INC: "Owino" Action Sues Over Forced Labor
----------------------------------------------------
Sylvester Owino and Jonathan Gomez, on behalf of themselves, and
all others similarly situated, Plaintiffs, v. CoreCivic, Inc., a
Maryland corporation, Defendant, Case No. 3:17-cv-01112, (S.D.
Cal., May 31, 2017), seeks declaratory, equitable and injunctive
relief; restitution; treble and punitive damages; disgorgement of
unjustly acquired revenue; profits and other benefits resulting
from Defendant's unlawful conduct; reasonable litigation expenses
and attorneys' fees; pre- and post-judgment interest; and such
other and further relief resulting from negligence, unjust
enrichment and violation of the Trafficking Victims Protection
Act, Unfair Competition Law of the California Business and
Professions Code, California Labor Code and applicable Industrial
Welfare Commission Orders.
Plaintiffs are former civil immigration detainees who were
incarcerated and forced to work for $1 per day by CoreCivic, a
for-profit corporation engaged in the business of owning and
operating detention facilities and prisons. [BN]
Plaintiff is represented by:
Robert L. Teel, Esq.
LAW OFFICE OF ROBERT L. TEEL
207 Anthes Ave., Suite 201
Langley, WA 98260
Telephone: (866) 833-5529
Facsimile: (855) 609-6911
Email: lawoffice@rlteel.com
COVERALL NORTH: Gonzalez Appeals C.D. Cal. Ruling to 9th Circuit
----------------------------------------------------------------
Plaintiff Sergio Gonzalez filed an appeal from a court ruling
entered in his lawsuit styled Sergio Gonzalez v. Coverall North
America, Inc., Case No. 5:16-cv-02287-JGB-KK, in the U.S. District
Court for the Central District of California, Riverside.
The lawsuit arose from labor-related disputes.
The appellate case is captioned as Sergio Gonzalez v. Coverall
North America, Inc., Case No. 17-55787, in the United States Court
of Appeals for the Ninth Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Appellant Sergio Gonzalez's opening brief is due on
November 8, 2017;
-- Appellee Coverall North America, Inc.'s answering brief is
due on December 8, 2017; and
-- Appellant's optional reply brief is due 21 days after
service of the answering brief.[BN]
Plaintiff-Appellant SERGIO GONZALEZ, on behalf of himself and all
others similarly situated, is represented by:
Shannon Liss-Riordan, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street
Boston, MA 02116
Telephone: (617) 994-5800
E-mail: sliss@llrlaw.com
Defendant-Appellee COVERALL NORTH AMERICA, INC., is represented
by:
Norman M. Leon, Esq.
DLA PIPER US, LLP
203 North LaSalle Street
Chicago, IL 60601-1293
Telephone: (312) 368-2192
E-mail: norman.leon@dlapiper.com
- and -
Nancy Nguyen Sims, Esq.
DLA PIPER LLP (US)
2000 Avenue of the Stars
Suite 400 North Tower
Los Angeles, CA 90067-4704
Telephone: (310) 595-3000
E-mail: nancy.sims@dlapiper.com
CSAA INSURANCE: Faces "Jones" Suit Over Failure to Pay Overtime
---------------------------------------------------------------
Jennifer Jones, on behalf of herself and those similarly situated
v. CSAA Insurance Exchange, Inc. d/b/a CSAA Insurance Group, Case
No. 1:17-cv-03998 (D.N.J., June 5, 2017), is brought against the
Defendants for failure to pay overtime wages in violation of the
Fair Labor Standards Act.
CSAA Insurance Exchange, Inc. operates a property and casualty
insurance company located at 1400 Howard Boulevard Mount Laurel,
NJ 08054. [BN]
The Plaintiff is represented by:
Daniel A. Horowitz, Esq.
SWARTZ SWIDLER LLC
1101 Kings Hwy N, Ste. 402
Cherry Hill, NJ 08034
Telephone: (856) 685-7420
Facsimile: (856) 685-7417
E-mail: dhorowitz@swartz-legal.com
DESI & FRIENDS: "Alessandro" Suit Alleges FLSA Violation
--------------------------------------------------------
SARAH ALESSANDRO, JOSHUA CLARK, CARA FITZGERALD, and SAMUEL
HOLDEMAN Individually and On Behalf of All Others Similarly
Situated Plaintiffs, v. DESI & FRIENDS, LLC, D/B/A G'RAJ MAHAL
CAFE, and SIDNEY ROBERTS, Individually, Defendants, Case No. 1:17-
cv-00527 (W.D. Tex., June 2, 2017), alleges that Defendants, in
violation of the Fair Labor Standards Act, engaged in, among other
conducts, an impermissible tip pool and did not pay Plaintiffs an
hourly rate of $7.25 for all hours worked.
Defendants operate a restaurant in Austin, Texas, commonly known
as G'Raj Mahal Cafe. Plaintiffs and Class Members either work or
have worked at this establishment as servers, waiters/waitresses,
hosts/hostesses, and/or bartenders.[BN]
The Plaintiff is represented by:
David G. Langenfeld, Esq.
LEICHTER LAW FIRM, PC
1602 East 7th Street
Austin, TX 78702
Phone: (512) 495-9995
Fax: (512) 482-0164
Email: david@leichterlaw.com
DIRECTV LLC: Lonstein Appeals Ruling in "Perez" Suit to 9th Cir.
----------------------------------------------------------------
Defendants Julie Cohen Lonstein and Lonstein Law Offices, P.C.,
filed an appeal from a court ruling in the lawsuit titled Doneyda
Perez v. DIRECTV, LLC, et al., Case No. 8:16-cv-01440-JLS-DFM, in
the U.S. District Court for the Central District of California,
Santa Ana.
The lawsuit is brought over alleged violations of the Racketeer
Influenced and Corrupt Organizations Act.
The appellate case is captioned as Doneyda Perez v. DIRECTV, LLC,
et al., Case No. 17-55775, in the United States Court of Appeals
for the Ninth Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Transcript must be ordered by June 30, 2017;
-- Transcript is due on September 28, 2017;
-- Appellants Julie Cohen Lonstein and Lonstein Law Offices,
P.C.'s opening brief is due on November 7, 2017;
-- Appellee Doneyda Perez's answering brief is due on
December 7, 2017; and
-- Appellant's optional reply brief is due 21 days after
service of the answering brief.[BN]
Plaintiff-Appellee DONEYDA PEREZ, as an individual and on behalf
of all others similarly situated, is represented by:
Kevin Mahoney, Esq.
Atoy Wilson, Esq.
MAHONEY LAW GROUP, APC
249 East Ocean Boulevard
Long Beach, CA 90802
Telephone: (562) 590-5550
Facsimile: (562) 590-8400
E-mail: kmahoney@mahoney-law.net
awilson@mahoney-law.net
Defendants-Appellants LONSTEIN LAW OFFICES, P.C., a New York
Professional Corporation, and JULIE COHEN LONSTEIN are represented
by:
Connie M. Anderson, Esq.
LEWIS BRISBOIS BISGAARD & SMITH LLP
633 W. 5th Street, Suite 4000
Los Angeles, CA 90071
Telephone: (213) 250-1800
Facsimile: (213) 250-7900
E-mail: connie.anderson@lewisbrisbois.com
DYNAMIC RECOVERY: Mora's Bid for Class Certification Continued
--------------------------------------------------------------
The Clerk of the U.S. District Court for the Northern District of
Illinois made a docket entry on May 30, 2017, in the case
captioned Lourdes Mora v. Dynamic Recovery Solutions, LLC, et al.,
Case No. 1:16-cv-06714 (N.D. Ill.), relating to a hearing held
before the Honorable Rebecca R. Pallmeyer.
The minute entry states that:
-- Plaintiff's motion for leave to file an amended complaint
is entered and continued;
-- Plaintiff's motion for class certification entered and
continued; and
-- Plaintiff's motion for leave to cite additional authority
is granted.
A copy of the Notification of Docket Entry is available at no
charge at http://d.classactionreporternewsletter.com/u?f=y1zt7OJg
DYNAMIC RECOVERY: Teifeld Moves to Certify 2 Classes Under FDCPA
----------------------------------------------------------------
The Plaintiff asks the Court to enter an order determining that
the lawsuit styled JUDITH L. TEIFELD, on behalf of plaintiff and
the class members described below v. DYNAMIC RECOVERY SOLUTIONS,
LLC; and CROWN ASSET MANAGEMENT, LLC, Case No. 1:17-cv-04072 (N.D.
Ill.), may proceed as a class action against the Defendants
pursuant to the Fair Debt Collection Practices Act. The Plaintiff
seeks to certify two classes:
(1) The Crown class consists of (a) all individuals with
Illinois addresses, (b) to whom a letter was sent on
behalf of Crown to collect a debt, (c) which debt was a
credit card on which the last payment had been made more
than 5 years prior to the letter, (d) which letter offered
a settlement or a payment plan (e) and did not state that
any payment may restart the statute of limitations, (f)
which letter was sent on or after a date one year prior to
the filing of this action and on or before a date 21 days
after the filing of this action; and
(2) The Dynamic class consists of (a) all individuals with
Illinois addresses, (b) to whom Dynamic Recovery
Solutions, LLC sent a letter to collect a debt, (c) which
debt was a credit card on which the last payment had been
made more than 5 years prior to the letter, (d) which
letter offered a settlement or a payment plan (e) and did
not state that any payment may restart the statute of
limitations, (f) which letter was sent on or after a date
one year prior to the filing of this action and on or
before a date 21 days after the filing of this action.
The Plaintiff further asks that Edelman, Combs, Latturner &
Goodwin, LLC be appointed counsel for the class.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=Vmg2aYrp
The Plaintiff is represented by:
Daniel A. Edelman, Esq.
Cathleen M. Combs, Esq.
James O. Latturner, Esq.
Cassandra P. Miller, Esq.
EDELMAN, COMBS, LATTURNER & GOODWIN, LLC
20 South Clark Street, Suite 1500
Chicago, IL 60603-1824
Telephone: (312) 739-4200
Facsimile: (312) 419-0379
E-mail: dedelman@edcombs.com
ccombs@edcombs.com
jlatturner@edcombs.com
cmiller@edcombs.com
ECUA RESTAURANT: "Piedra" Sues Over Unpaid Overtime
---------------------------------------------------
Carlos Piedra, individually and on behalf all other employees
similarly situated, Plaintiff, v. Ecua Restaurant Inc. d/b/a La
Bamba Restaurant, Blanca O. Guallpa aka "Blanca Chauca," Louis
Perez and David Sigcha, Defendants, Case No. 1:17-cv-03316, (E.D.
N.Y., June 1, 2017), seeks to recover overtime wages, liquidated
damages, prejudgment and post-judgment interest and attorneys'
fees and costs, unpaid spread-of-hours premium and compensation,
for failure to provide wage notice at the time of hiring and
failure to provide paystubs under the Fair Labor Standards Act.
Piedra was employed as a cook, dishwasher and kitchen prep worker
by Ecua Restaurant Inc. that operates La Bamba Restaurant, with
principal place of business at 4761 47th St, Woodside, NY 11377.
Plaintiff is represented by:
Jian Hang, Esq.
Hang & Associates, PLLC
136-18 39th Ave., Suite 1003
Flushing, NY 11354
Tel: (718) 353-8588
Email: jhang@hanglaw.com
EXPERT GROUP: Colony Appeals D. Colorado Ruling to Tenth Circuit
----------------------------------------------------------------
Plaintiff Colony Insurance Company filed an appeal from a court
ruling relating to the lawsuit styled Colony Insurance Company v.
Expert Group International Inc., et al., Case No. 1:15-CV-02499-
RPM, in the U.S. District Court for the District of Colorado -
Denver.
The lawsuit arises from insurance-related issues.
The appellate case is captioned as Colony Insurance Company v.
Expert Group International Inc., et al., Case No. 17-1188, in the
United States Court of Appeals for the Tenth Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Docketing statement is due on June 15, 2017, for Colony
Insurance Company;
-- Transcript order form is due on June 15, 2017, for Colony
Insurance Company;
-- Notice of appearance due is on June 15, 2017, for Au Pair
International, Inc., Colony Insurance Company, Expert Group
International Inc., and Go Au Pair Operations, LLC.[BN]
Plaintiff-Appellant COLONY INSURANCE COMPANY is represented by:
Larry I. Gramovot, Esq.
GRAMOVOT & TAKACS, P.L.
1400 Village Square Boulevard No. 3-405
Tallahassee, FL 32312-1231
Telephone: (850) 325-1914
Facsimile: (866) 386-6321
E-mail: Larry@lig-law.com
- and -
Kyle P. Seedorf, Esq.
TAYLOR ANDERSON, LLP
1670 Broadway, Suite 900
Denver, CO 80202
Telephone: (303) 551-6653
E-mail: kseedorf@talawfirm.com
Defendants-Appellees EXPERT GROUP INTERNATIONAL INC., DBA Expert
Au Pair; AU PAIR INTERNATIONAL, INC.; and GO AU PAIR OPERATIONS,
LLC, DBA American Cultural Exchange, are represented by:
Christopher R. Mosley, Esq.
SHERMAN & HOWARD LLC
633 17th Street, Suite 3000
Denver, CO 80202
Telephone: (303) 297-2900
Facsimile: (303) 298-0940
E-mail: cmosley@shermanhoward.com
FCA US: Must Honor Warranty, Says "Mooradian" Suit
--------------------------------------------------
Donna Mooradian and William Mooradian, on behalf of themselves and
all others similarly situated, Plaintiffs, v. FCA US LLC,
Defendant, Case 1:17-cv-01132 (N.D. Ohio, May 31, 2017) seeks
damages and other relief under statutory or common law, attorney's
fees and costs, pre- and post-judgment interest, declaratory,
injunctive and equitable relief and such other relief resulting
from negligence, breach of express and implied warranties and
violation of the Magnuson-Moss Warranty Act and the Ohio Consumer
Sales Practices Act.
The complaint says Chrysler refuses to honor its warranty and
cover the cost of repairing a manufacturing defect in the engines
of Chrysler's Jeep Wrangler model years 2012-2017. Casting sand
from the engine, radiators and oil coolers form a sludge-like
residue that damages and ultimately destroys these and other
components, it notes.
Donna and William Mooradian leased a new 2013 Jeep Wrangler
Unlimited from the Brunswick Auto Mart in Medina County, Ohio. Its
defroster and vents only emitted cold air and could not be
adjusted by manual settings. When they had it repaired, it was
discovered that a sludge-like residue was found in the radiator
and oil cooler and had caused the problems by restricting air flow
through the cooling system.
FCA US LLC is a limited liability company organized and existing
under the laws of the State of Delaware, and is wholly owned by
holding company Fiat Chrysler Automobiles N.V., a Dutch
corporation headquartered in London, United Kingdom. FCA's
principal place of business and headquarters is in Auburn Hills,
Michigan. [BN]
Plaintiff is represented by:
Drew Legando, Esq.
Jack Landskroner, Esq.
LANDSKRONER GRIECO MERRIMAN LLC
1360 West 9th Street, Suite 200
Cleveland, OH 44113
Telephone: (216) 522-9000
Facsimile: (216) 522-9007
- and -
Daniel K. Bryson, Esq.
John Hunter Bryson, Esq.
WIDTFIELD BRYSON & MASON LLP
900 W. Morgan St.
Raleigh, NC 27603
Tel: 919-600-5005
Fax: 919-600-5035
Email: matt@wbmllp.com
- and -
Gregory F. Coleman, Esq.
GREG COLEMAN LAW PC
First Tennessee Plaza
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: (865) 247-0080
Facsimile: (865) 533-0049
Email: greg@gregcolemanlaw.com
FG DINER: "Arriola" Suits Seeks Unpaid Wages, Damages
-----------------------------------------------------
Eduardo Antonio Arriola, individually and on behalf of others
similarly situated, Plaintiff, v. FG Diner Inc. (d/b/a Triple
Crown Diner), Andrew Gounaris and Visarion Fatsis, Defendants,
Case 1:17-cv-03306 (E.D. N.Y., June 1, 2017) seeks unpaid minimum
and overtime wages, applicable liquidated damages, interest,
attorneys' fees and costs pursuant to the Fair Labor Standards Act
of 1938 and New York Labor Law.
Triple Crown Diner is a diner owned by Andrew Gounaris and
Visarion Fatsis, located at 248-27 Jericho Turnpike, Bellerose,
New York, 11426 where Antonio was employed as a dishwasher. [BN]
Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Tel: (212) 317-1200
FINANCE SYSTEM: Wins Bid to Dismiss "Boucher" FDCPA Class Suit
--------------------------------------------------------------
Chief Judge William C. Griesbach granted Finance System's motion
to dismiss the lawsuit captioned RYAN BOUCHER, HEATHER BOUCHER,
CHRISTOPHER DETTLOFF, and ADAM DUCH, on behalf of themselves and
all others similarly situated v. FINANCE SYSTEM OF GREEN BAY, INC.
and JOHN AND JANE DOES NUMBERS 1 THROUGH 25, Case No. 1:17-cv-
00132-WCG (E.D. Wisc.).
Plaintiffs Ryan Boucher, Heather Boucher, Christopher Dettloff,
and Adam Duch sued Finance System of Green Bay, Inc., for
allegedly violating the Fair Debt Collection Practices Act. They
allege that Finance System sent debt collection letters which
falsely stated that the balances owed might increase "due to
interest, late charges and other charges," even though Finance
System had no authority or intent to charge "late charges and
other charges."
In his decision and order, Judge Griesbach stated that the
allegations of the complaint only allege that Finance System would
be unable to collect late charges and other charges on the debts
listed in its collection letter. The complaint concedes that
Finance System is entitled to collect interest on its debts and
does not allege that Finance System will not attempt to collect
interest.
Given these facts, Judge Griesbach noted, Finance System's use of
the safe harbor language in Miller v. McCalla, Raymer, Padrick,
Cobb, Nichols & Clark, LLC, 214 F.3d 872, 876 (7th Cir. 2000) was
proper and the Plaintiffs have failed to state a claim under the
FDCPA.
"Finance System accurately notified Plaintiffs of the amount due
on the date of the letter and that the amounts due may vary due to
additional charges. The letters were not false, deceptive, or
misleading. Accordingly, Plaintiffs' FDCPA claims will be
dismissed," Judge Griesbach opined.
A copy of the Decision and Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=PHmrDl7g
FLAGSHIP RESORT: Faces "Colosimo" Suit Under FLSA, NJ Wage Law
--------------------------------------------------------------
CRISTINA COLOSIMO, individually and on behalf of herself and all
others similarly situated, Plaintiff(s), vs. FLAGSHIP RESORT
DEVELOPMENT, LLC, t/a and/or d/b/a FANTA SEA RESORTS, and JOHN
DOES 1-5 and 6-10, Defendants, Case No. 1:17-cv-03969-JHR-AMD
(D.N.J., June 2, 2017), alleges that nonexempt employees of the
defendant were misclassified as contractors and were not paid
overtime for work in excess of 40 hours in a work week during the
actionable time period.
The case raises claims for violations of the Fair Labor Standards
Act, and New Jersey State Wage and Hour Law.
Defendant Flagship Resort Development t/a and/or d/b/a Fanta Sea
Resorts is a corporation engaged in the business of marketing and
selling time share units in Atlantic City. FRDC employs and/or
employed Plaintiff and similarly situated employees to provide
information to prospective time-share buyers, obtain sales of
timeshare units to buyers, including negotiation and consummation
of sales of the time-share units.[BN]
The Plaintiff is represented by:
Deborah L. Mains, Esq.
COSTELLO & MAINS, LLC
18000 Horizon Way, Suite 800
Mt. Laurel, NJ 08054
Phone: 856-727-9700
Fax: 856-727-9797
E-mail: dmains@costellomains.com
FNCB BANCORP: Awaits Final Approval of Settlement
-------------------------------------------------
FNCB Bancorp, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2017, for the
quarterly period ended March 31, 2017, that the final settlement
hearing date of the class action settlement agreement and release
was scheduled for May 31, 2017.
On February 16, 2017, FNCB Bancorp and FNCB Bank entered into a
Class Action Settlement Agreement and Release (the "Settlement
Agreement") in the matters filed in the Court of Common Pleas of
Lackawanna County to Steven Antonik, Individually, and as
Administrator of the Estate of Linda Kluska, William R. Howells
and Louise A. Howells, Summer Benjamin, and Joshua Silfee, on
behalf of themselves and all other similarly situated vs. First
National Community Bancorp, Inc. and First National Community
Bank, Civil Action No. 2013-CV-4438 and Charles Saxe, III,
Individually and on behalf of all others similarly situated vs.
First National Community Bank No. 2013-CV-5071 (collectively, the
"Actions").
By entering into this Settlement Agreement, the parties to the
Actions have resolved the claims made in the complaints to their
mutual satisfaction. FNCB has not admitted to the validity of any
claims or allegations and deny any liability in the claims made
and the Plaintiffs have not admitted that any claims or
allegations lack merit or foundation.
Under the terms of the Settlement Agreement, the parties have
agreed to the following:
1) FNCB is to pay the Plaintiffs' class members the aggregate
sum of $750,000 (an amount which FNCB recorded as a
liability and corresponding expense in its 2015 operating
results);
2) Plaintiffs shall release all claims against FNCB related
to the Actions;
3) FNCB shall move to vacate or satisfy any judgments against
any class members arising from the vehicle loans that are
the subject of the Actions;
4) FNCB shall waive the deficiency balance of each class
member and remove the trade lines on each class members'
credit report associated with the subject vehicle loans
that are at issue in the Actions for Experian, Equifax,
and Transunion.
The Settlement Agreement provides for an Incentive Award for the
representative Plaintiffs and an award to Plaintiffs' counsel of
attorney's fees and reimbursement of expenses in connection with
their roles in these Actions, subject to Court Approval.
The Settlement Agreement remains subject to approval by the Court
after notice to the class members and a final settlement hearing.
The final settlement hearing date was scheduled for May 31, 2017.
The hearing on the terms of the proposed Settlement Agreement will
be to determine whether:
1) the terms and conditions of the settlement provided for in
the Settlement Agreement are fair, reasonable and adequate
and in the best interests of the class members;
2) the judgment dismissing the claims of the class members,
as provided for in the Settlement Agreement, shall be
entered, and
3) the request of the representative Plaintiffs for the
Incentive Award and the Plaintiffs' counsel for an award
for attorney's fees and reimbursement of expenses shall be
granted.
In connection with the primary terms of the tentative settlement
agreement entered by Order of Court on December 17, 2015, FNCB
recorded a liability and corresponding expense in the amount of
$750,000, which was included in FNCB's 2015 operating results.
FORESTAR GROUP: Faces "Assad" Suit Over Terra Firma Merger
----------------------------------------------------------
GEORGE ASSAD, Individually and On Behalf of All Others Similarly
Situated, Plaintiff, v. FORESTAR GROUP INC., JAMES A. RUBRIGHT, M.
ASHTON HUDSON, DANIEL B. SILVERS, RICHARD M. SMITH, RICHARD D.
SQUIRES, PHILLIP J. WEBER, STARWOOD CAPITAL GROUP, TERRA FIRMA
MERGER PARENT, L.P., and TERRA FIRMA MERGER SUB, L.P., Defendants,
Case No. 1:17-cv-00529 (W.D. Tex., June 2, 2017), alleges that
Defendants issued a Proxy Statement in connection with the
acquisition of Forestar Group Inc. by affiliates of Starwood
Capital Group that omits material information with respect to the
Proposed Transaction, rendering the Proxy Statement false and
misleading in violation of the U.S. Securities and Exchange Act.
On April 13, 2017, Forestar's Board of Directors caused the
Company to enter into an agreement and plan of merger with Terra
Firma Merger Parent, L.P. and Terra Firma Merger Sub, L.P. Under
the terms of the Merger Agreement, shareholders of Forestar will
receive $14.25 per share in cash.
The complaint asserts that the Proxy Statement omits material
information regarding the Company's financial projections and the
analyses performed by the Company's financial advisor, JMP
Securities LLC, in support of its so-called fairness opinion.
The Proxy Statement also omits material information regarding
potential conflicts of interest of the Company's officers and
directors, and information regarding potential conflicts of
interest of JPM.
Forestar Group Inc. is a residential and mixed-use real estate
development company.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
Jaime J. Mckey, Esq.
KENDAL LAW GROUP, LLP
3232 McKinney Ave,Suite 700
Dallas, TX 75204
Tell: (214) 744-3000
Fax: (214) 744-3015
E-mail: jkendall@kendalllawgroup.com/
jmckey@kendalllawgroup.com
- and -
Brian D. Long, Esq.
Gina M. Serra, Esq.
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Phone: (302) 295-5310
Fax: (302) 654-7530
- and -
Richard A. Maniskas
RM LAW, P.C.
1055 Westlakes Drive, Suite 3112
Berwyn, PA 19312
Phone: (484) 324-6800
Fax: (484) 631-1305
FOUGERA PHARMACEUTICALS: KPH Alleges Desonide Overpricing
---------------------------------------------------------
KPH Healthcare Services, Inc., a/k/a KINNEY DRUGS, INC.,
individually and on behalf of all others similarly situated,
Plaintiffs, v. FOUGERA PHARMACEUTICALS INC., SANDOZ, INC.,
NOVARTIS AG, PERRIGO COMPANY PLC, PERRIGO NEW YORK, INC., TARO
PHARMACEUTICAL INDUSTRIES, LTD., AND TARO PHARMACEUTICALS USA,
INC., Defendants, Case No. 2:17-cv-02476-CMR (E.D. Pa., June 1,
2017), was filed on behalf of direct purchasers of generic
Desonide due to Defendants' violation of the Sherman Act by
engaging in an alleged overeaching scheme to eliminate competition
in the market for generic Desonide and to artificially inflate the
prices through unlawful agreements.
The case is related to In Re: Generic Pharmaceuticals Pricing
Antitrust Litigation and In Re: Desonide Cases.
The Defendants are pharmaceutical companies.[BN]
The Plaintiff is represented by:
Diane M. Nast, Esq.
NASTLAW LLC
1101 Market Street, Suite 2801
Philadelphia, PA 19107
Phone: 215 923 9300
215 923 9302
E-mail: dnast@nastlaw.com
- and -
Michael L. Roberts, Esq.
ROBERTS LAW FIRM, P.A.
20 Rahling Circle
Little Rock, AR 72223
Phone: 501 821 5575
Fax: 501 821 4474
E-mail: mikeroberts@robertslawfirm.us
FRESH MARKET: Certification of Class Sought in "Sherman" Suit
-------------------------------------------------------------
The Plaintiffs in the lawsuit styled BRUCE S. SHERMAN and BRUCE &
CYNTHIA SHERMAN CHARITABLE FOUNDATION, INC., Individually and on
behalf of all others similarly situated v. THE FRESH MARKET, INC.,
RAY BERRY, RICHARD A. ANICETTI, MICHAEL CASEY, JEFFREY NAYLOR,
RICHARD NOLL, BOB SASSER, ROBERT SHEARER, MICHAEL TUCCI, STEVEN
TANGER, JANE THOMPSON, APOLLO GLOBAL MANAGEMENT, LLC, APOLLO
MANAGEMENT VIII, L.P., POMEGRANATE HOLDINGS, INC., and POMEGRANATE
MERGER SUB, INC., Case No. 1:17-cv-00179-TDS-JEP (M.D.N.C.), ask
the Court to certify the action as a class action on behalf of:
All persons and entities who tendered or were forced to
tender or otherwise relinquish their shares of The Fresh
Market, Inc. ("Fresh Market") common stock in connection
with the transaction by which Pomegranate Holdings, Inc.,
through Pomegranate Merger Sub, Inc., acquired Fresh Market,
except Defendants and any person, firm, trust, corporation,
or other entity related to or affiliated with any of the
Defendants ("Class").
The Plaintiffs also ask the Court to appoint them as the
representatives of the Class, and to appoint Brower Piven, A
Professional Corporation, as Class Counsel.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=Wc0orh2N
The Plaintiffs are represented by:
Michael A. Ostrander, Esq.
WILSON RATLEDGE, PLLC
4600 Marriott Drive, Suite 400
Raleigh, NC 27612
Telephone: (919) 787-7711
Facsimile: (919) 787-7710
E-mail: mostrander@wrlaw.com
- and -
David A.P. Brower, Esq.
Daniel Kuznicki, Esq.
BROWER PIVEN, A PROFESSIONAL CORPORATION
475 Park Avenue South, 33rd Floor
New York, NY 10016
Telephone: (212) 501-9000
Facsimile: (212) 501-0300
E-mail: brower@browerpiven.com
kuznicki@browerpiven.com
GLOBAL FITNESS: Paul Appeals Ruling in "Gascho" Suit to 6th Cir.
----------------------------------------------------------------
Interested Party Doctor Laurence E. Paul filed an appeal from a
court ruling relating to the lawsuit entitled Amber Gascho, et al.
v. Global Fitness Holdings, LLC, et al., Case No. 2:11-cv-00436,
in the U.S. District Court for the Southern District of Ohio at
Columbus.
The appellate case is captioned as Amber Gascho, et al. v. Global
Fitness Holdings, LLC, et al., Case No. 17-3577, in the United
States Court of Appeals for the Sixth Circuit.[BN]
Plaintiffs-Appellees AMBER GASCHO, ASHLEY BUCKENMEYER, MICHAEL J
HOGAN, JULIA CAY, fka Julia Snyder, ANTHONY MEYER, TERRY E
TROUTMAN, RITA ROSE, EDWARD LUNDBERG, ALBERT TARTAGLIA, MICHAEL
BELL, MATT VOLKERDING and PATRICK CARY, on Behalf of Themselves
and all Others Similarly Situated, are represented by:
Thomas N. McCormick, Esq.
VORYS, SATER, SEYMOUR & PEASE LLP
P.O. Box 1008
Columbus, OH 43215
Telephone: (614) 464-6400
E-mail: wgporter@vorys.com
Interested Party-Appellant LAURENCE E. PAUL is represented by:
Pierre H. Bergeron, Esq.
SQUIRE PATTON BOGGS
221 E. Fourth Street, Suite 2900
Cincinnati, OH 45202
Telephone: (513) 361-1200
Facsimile: (513) 361-1201
E-mail: pierre.bergeron@squirepb.com
- and -
Richard Gurbst, Esq.
SQUIRE PATTON BOGGS
127 Public Square, Suite 4900
Cleveland, OH 44114
Telephone: (216) 479-8500
E-mail: richard.gurbst@squirepb.com
HARTFORD FIRE: Andreas-Moses Moves for Certification of Class
-------------------------------------------------------------
The Plaintiffs move for an order certifying the action titled
KAREN ANDREAS-MOSES, ELIZABETH WAGNER, JACQUELINE WRIGHT, MIKAELA
DELPHA, CRYSTAL PARROT STEPHANIE WEST, JOSEPH J. WOJCIK, TINA
PALMER, KEVIN TAYLOR, And AMY COOK on behalf of themselves and all
Others similarly situated, CASE NO.:5:16-CV-1387 (BKS/DEP) v.
HARTFORD FIRE INSURANCE COMPANY, Case No. 5:16-cv-01387-BKS-DEP
(N.D.N.Y.), as a class action, and appointing their counsel as
Class Counsel.
A copy of the Notice of Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=fQaxRxWi
The Plaintiffs are represented by:
Mary E. Lytle, Esq.
David V. Barszcz, Esq.
LYTLE & BARSZCZ
543 N. Wymore Road, Suite 103
Maitland, FL 32751
Telephone: (407) 622-6544
Facsimile: (407) 622-6545
E-mail: mlytle@lblaw.attorney
dbarszcz@lblaw.attorney
- and -
Brian J. LaClair, Esq.
BLITMAN & KING LLP
Office and Post Office Address
Franklin Center, Suite 300
443 North Franklin Street
Syracuse, NY 13204
Telephone: (315) 422-7111
Facsimile: (315) 471-2623
E-mail: bjlaclair@bklawyers.com
The Defendant is represented by:
Patrick J. Bannon, Esq.
Hillary J. Massey, Esq.
SEYFARTH SHAW LLP
Two Seaport Lane, Suite 300
Boston, MA 02210
Telephone: (617) 946-4800
Facsimile: (617) 946-4801
E-mail: pbannon@seyfarth.com
hmassey@seyfarth.com
- and -
Robert T. Szyba, Esq.
SEYFARTH SHAW LLP
620 Eight Avenue, 32nd Floor
New York, NY 10018
Telephone: (212) 218-5500
Facsimile: (212) 218-5526
E-mail: rszyba@seyfarth.com
HEALTH INSURANCE: Faces "Moser" Suit Over Prerecorded Calls
-----------------------------------------------------------
Kenneth J. Moser, individually and on behalf of all others
similarly situated v. Health Insurance Innovations, Inc., National
Congress of Employers, Inc., Unified Life Insurance Company,
Companion Life Insurance, Company, Donisi Jax, Inc. a/k/a
Nationwide Health Advisors, Charles Donisi, Evan Jaxtheimer,
Helping Hand Health Group, Inc., Anthony Maresca, and Matthew
Herman, Case No. 3:17-cv-01127-WQH-KSC (S.D. Cal., June 5, 2017),
seeks to stop the Defendants' practice of using an artificial and
prerecorded voice to deliver a message without prior express
consent of the called party.
The Defendants own and operate an insurance company in San Diego,
California. [BN]
The Plaintiff is represented by:
Christopher J. Reichman, Esq.
Justin Prato, Esq.
PRATO & REICHMAN, APC
8555 Aero Drive, Suite 303
San Diego, CA 92123
Telephone: (619) 683-7971
E-mail: chrisr@prato-reichman.com
HESKA CORPORATION: "Fauley" Suit Remains Pending in N.D. Ill.
-------------------------------------------------------------
Heska Corporation is defending against a class action lawsuit by
Shaun Fauley, Heska said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2017, for the
quarterly period ended March 31, 2017.
The Company said, "On March 12, 2015, a complaint was filed
against us by Shaun Fauley in the United States District Court
Northern District of Illinois alleging our transmittal of
unauthorized faxes in violation of the federal Telephone Consumer
Protection Act of 1991, as amended by the Junk Fax Prevention Act
of 2005, as a class action seeking stated damages of the greater
of actual monetary loss or five hundred dollars per violation. We
intend to defend the Company vigorously in this matter."
Heska Corporation and its wholly-owned and majority-owned
subsidiaries sell advanced veterinary diagnostic and specialty
products.
INFANTINO MOTORS: "Lu" Suit Seeks to Recover Unpaid Overtime
------------------------------------------------------------
Brigitte K. Lu, and other similarly-situated individuals,
Plaintiff, v. Infantino Motors, Inc., Infantino Auto Electric
Inc., Claudio H. Infantino and Vanesa N. Garcia, individually
Defendants, Case No. 1:17-cv-22042 (S.D. Fla., May 31, 2017),
seeks to recover overtime compensation, liquidated damages, and
the costs and reasonable attorney's fees under the provisions of
Fair Labor Standards Act.
Infantino Motors, Inc. and Infantino Auto Electric Inc. are a used
car dealer and an automotive repair and service business,
respectively who jointly employed Plaintiff as a receptionist and
clerk. [BN]
Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
Email: zep@thepalmalawgroup.com
INTREXON CORP: Seppen Appeals Securities Suit Ruling to 9th Cir.
----------------------------------------------------------------
Plaintiff Joe Seppen filed an appeal from a court ruling in the
consolidated securities litigation styled In re: Intrexon
Corporation Securities Litigation, Case No. 3:16-cv-02398-RS, in
the U.S. District Court for the Northern District of California,
San Francisco.
The appellate case is captioned as Joe Seppen v. Intrexon
Corporation, et al., Case No. 17-16146, in the United States Court
of Appeals for the Ninth Circuit.
As previously reported in the Class Action Reporter, Judge Richard
Seeborg granted the Defendants' motion to dismiss the litigation.
Intrexon Corporation builds and acquires technologies that design,
modify and regulate DNA sequences. Intrexon's technologies include
UltraVector, RheoSwitch, AttSite Recombinases, Cell Systems
Informatics, Laser-Enabled Analysis and Processing and others.
In April 2016, an anonymous short-seller known as Spotlight
Research released an eight-part report about Intrexon and
concluded that Intrexon's core technology suite consists of an
overhyped, undifferentiated collection of commodity and failed
products. It said UltraVector is a common DNA synthesizer and that
Rheoswitch gained no traction over the years. It also opined that
Intrexon's revenues were overstated. It claimed that Intrexon
created an intricate web of microcap, zero revenue, free cash flow
negative companies that seem to exist solely for the purpose of
inflating Intrexon's revenue and profitability.
Lead plaintiff Joe Seppen brought a putative class action for
securities fraud against Intrexon Corp., Randal J. Kirk,
Intrexon's Chief Executive Officer since 2009 and had an
investment management firm, Third Security LLC that has been often
invested alongside Intrexon and other partners involved in various
collaborations, Rick L. Sterling, Intrexon's Chief Financial
Officer since 2007 and Krish S. Krishan, Intrexon's Chief
Operation Officer from 2011 until his resignation in March 2016.
The amended class action complaint primarily recites the findings
of the Spotlight report. It also includes brief statements from
three confidential witnesses. Seppen claims that defendants
violated section 10(b) of the Securities Exchange Act and Rule
10b-5 promulgated thereunder and asserts a violation of section
20(a) of the Exchange Act. Plaintiff is suing on behalf of all
persons who purchased Intrexon securities between May 11, 2015 and
April 27, 2016.
The briefing schedule in the Appellate Case is set as follows:
-- Transcript must be ordered by June 26, 2017;
-- Transcript is due on July 25, 2017;
-- Appellant Joe Seppen's opening brief is due on September 5,
2017;
-- Appellees Intrexon Corporation, Randal J. Kirk, Krish S.
Krishnan and Rick L. Sterling's answering brief is due on
October 5, 2017; and
-- Appellant's optional reply brief is due 21 days after
service of the answering brief.[BN]
Plaintiff-Appellant JOE SEPPEN, Lead Plaintiff, on behalf of
himself and all others similarly situated, is represented by:
Adam M. Apton, Esq.
LEVI & KORSINSKY LLP
1101 30th Street NW
Washington, DC 20007
Telephone: (202) 524-4290
Facsimile: (202) 333-2121
E-mail: AApton@zlk.com
- and -
Joshua Crowell, Esq.
Lionel Z. Glancy, Esq.
Robert Vincent Prongay, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
E-mail: jcrowell@glancylaw.com
lglancy@glancylaw.com
RProngay@glancylaw.com
Defendants-Appellees INTREXON CORPORATION, RANDAL J. KIRK, RICK L.
STERLING and KRISH S. KRISHNAN are represented by:
Jerome F. Birn, Jr., Esq.
Nina F. Locker, Esq.
Nicholas Ryan Miller, Esq.
Joni Ostler, Esq.
WILSON SONSINI GOODRICH & ROSATI
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: (650) 493-9300
E-mail: jbirn@wsgr.com
nlocker@wsgr.com
nmiller@wsgr.com
jostler@wsgr.com
JOE JAPANESE: "Ortiz" Suit Seeks Unpaid OT, Minimum Wages
---------------------------------------------------------
Herman Ortiz, on behalf of himself and others similarly situated,
Plaintiff, v. Joe Japanese Buffet Restaurant Inc. d/b/a Fuji
Japanese Cuisine and Larry Zhou, Defendants, Case No. 1:17-cv-
03271 (E.D. N.Y., May 31, 2017), seeks to recover unpaid overtime,
unpaid minimum wages, unpaid spread of hours premium, statutory
penalties, liquidated damages, attorneys' fees and costs pursuant
to the fair Labor Standards Act and New York Labor Laws.
Joe Japanese Buffet Restaurant Inc. operates as Fuji Japanese
Cuisine located at 113-27 Queens Blvd. Forest Hills, NY, where
Plaintiff worked as a cook and cleaner. [BN]
Plaintiff is represented by:
Robert L. Kraselnik, Esq.
LAW OFFICES OF ROBERT L. KRASELNIK, PLLC
4008 Case Street, 2nd Floor
Elmhurst, NY 11373
Tel: (646) 342-2019
Fax: (646) 661-1317
KATE SPADE: Faces "Ali" Securities Suit Over Sale to Coach, Inc.
----------------------------------------------------------------
JARED ALI, individually and on behalf of all others similarly
situated, Plaintiff, v. KATE SPADE & CO., NANCY J. KARCH, LAWRENCE
S. BENJAMIN, RAUL J. FERNANDEZ, CARSTEN FISCHER, KENNETH B.
GILMAN, KENNETH P. KOPELMAN, CRAIG A. LEAVITT, DEBORAH LLOYD,
DOUGLAS MACK, JAN SINGER, and DOREEN A. TOBEN, Defendants, Case
No. 1:17-cv-04125 (S.D.N.Y., June 2, 2017), alleges that a
recommendation statement to solicit the tendering of stockholder
shares in connection with the sale of the Company to Coach, Inc.
through Parent's wholly-owned subsidiary, Chelsea Merger Sub,
Inc., omits material facts necessary to make the statements
therein not false or misleading, in violation of the U.S.
Securities and Exchange Act.
The Tender Offer, commenced on May 26, 2017, is set to expire at
11:59 P.M. New York City Time on June 23, 2017. The Proposed
Transaction is valued at approximately $2.4 billion.
According to the complaint, the Recommendation Statement discloses
that the Company entered into confidentiality agreements with
Party A and Party B, as well as Coach during its search for
strategic partners. However, the Recommendation Statement is
materially misleading because it discloses the standstill
provision and terms of the agreement with Coach, but fails to
state whether the confidentiality agreements with Party A and
Party B contained standstill provisions or contained don't-ask-
don't-waive provisions or other terms that would contractually
forbid the counterparties from coming forward with a superior
offer, or "topping bid," to the Proposed Transaction.
The Recommendation Statement discloses that the Company's senior
management negotiated their own retention agreements, and that
retention of key individuals was a requirement of the deal terms
put forward by Coach. However, the Recommendation Statement omits
any information regarding the first instance of retention-related
communications.
Kate Spade is a clothing and lifestyle company, operating
principally under two global brands, kate spade new york and Jack
Spade New York. [BN]
The Plaintiff is represented by:
Michael Ershowsky, Esq.
LEVI & KORSINSKY LLP
30 Broad Street, 24th Floor
New York, NY 10004
Phone: (212) 363-7500
Fax: (212) 363-7171
Email: mershowsky@zlk.com
- and -
Donald J. Enright, Esq.
Elizabeth K. Tripodi, Esq.
LEVI & KORSINSKY, LLP
1101 30th Street, N.W., Suite 115
Washington, DC 20007
Phone: (202) 524-4290
Fax: (202) 337-1567
Email: denright@zlk.com
etripodi@zlk.com
KATE SPADE: Faces "Garcia" Suit in N.Y. Over Coach Tender Offer
---------------------------------------------------------------
Heather Garcia, individually and on behalf of all others similarly
situated v. Kate Spade & Company, Craig A. Leavitt, Deborah J.
Lloyd, Nancy J. Karch, Lawrence S. Benjamin, Raul J. Fernandez,
Carsten Fischer, Kenneth B. Gilman, Kenneth P. Kopelman, Douglas
Mack, Jan Singer, and Doreen A. Toben, Case No. 1:17-cv-04177-UA
(S.D.N.Y., June 5, 2017), is brought on behalf of all public
holders of the common stock of Kate Spade & Company, to enjoin the
the tender offer by Coach, Inc., a wholly owned subsidiary of
Chelsea Merger Sub Inc., to purchase all of the issued and
outstanding shares of Kate Spade common stock for $18.50 per
share.
The compliant states that in order to convince Kate Spade
shareholders to tender their shares, the Board authorized the
filing of a materially incomplete and misleading Schedule 14D-9
Solicitation/Recommendation Statement with the Securities
and Exchange Commission. In particular, the Recommendation
Statement contains materially incomplete and misleading
information concerning Kate Spade's financial projections and the
valuation analyses performed by the Company's financial advisors,
Perella Weinberg Partners LP, it adds.
Kate Spade & Company is a Delaware corporation with its principal
executive offices located at 2 Park Avenue, New York, New York
10016, offers fashion products for women and children and home
products. [BN]
The Plaintiff is represented by:
Juan E. Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Avenue, Suite 4405
New York, NY 10118
Telephone: (212) 971-1341
Facsimile: (212) 202-7880
E-mail: jmonteverde@monteverdelaw.com
KENTUCKY, USA: Maze Appeals Ruling in Suit v. BOD to Supreme Ct.
----------------------------------------------------------------
Plaintiff Beth Lewis Maze filed an appeal from a Court of Appeals
opinion rendered on April 21, 2017, relating to the lawsuit styled
BETH LEWIS MAZE vs. BOARD OF DIRECTORS FOR THE COMMONWEALTH
POSTSECONDARY EDUCATION PREPAID TUITION TRUST FUND, et al., Case
No. 15-CI-00757, in the Franklin Circuit Court.
The Supreme Court case is captioned as BETH LEWIS MAZE vs. BOARD
OF DIRECTORS FOR THE COMMONWEALTH POSTSECONDARY EDUCATION PREPAID
TUITION TRUST FUND, et al., Case No. 2017-SC-000233, in the
Kentucky Supreme Court.[BN]
Plaintiff-Appellant MAZE BETH LEWIS, and UNKNOWN SIMILARLY
SITUATED PURCHASERS OF KAPT CONTRACTS, is represented by:
Robert A. Rowland, Esq.
ROBERT A. ROWLAND, ATTORNEY AT LAW
222 West Main Street
Frankfort, KY 40601
Telephone: (502) 352-2490
Facsimile: (502) 352-2491
E-mail: rrowland@rar-law.com
Defendants-Appellees BOARD OF DIRECTORS FOR THE COMMONWEALTH
POSTSECONDARY EDUCATION PREPAID TUITION TRUST FUND, DAVID L.
ALLEN, JOHN CHESHIRE, CHARLES VINSON, ERICA L. HORN, BECKY LAMB,
BRENT A. MCKIM, KRISTI P. NELSON, LISA PAYNE, BARBARA SEXTON-
SMITH, J. SCOTT WANTLAND, GARY S. COX, TODD HOLLENBACH, TERRY
HOLLIDAY, ROBERT KING, LORI FLANERY, KENTUCKY HIGHER EDUCATION
ASSISTANCE AUTHORITY, and COMMONWEALTH OF KENTUCKY, FINANCE AND
ADMINISTRATION CABINET are represented by:
Laura Crittenden Tipton, Esq.
MORGAN & POTTINGER, P.S.C.
133 West Short Street
Lexington, KY 40507
Telephone: (859) 226-5296
Facsimile: (859) 255-2038
E-mail: lct@morganandpottinger.com
LANCASTER WINGS: Faces "Barton" Suit Alleging FLSA Violation
------------------------------------------------------------
Zachary Barton and Ethan Forness, Individually and on behalf of
all others similarly situated Plaintiffs, v. Lancaster Wings,
Inc., Lancaster Wings, West LLC, Lancaster Wings West II LLC,
Lancaster Wings West III LLC, and Larry Tipton Defendants, Case
No. 2:17-cv-00476-ALM-EPD (S.D. Ohio, June 3, 2017), arises out of
Defendants' alleged failure to pay Plaintiffs and other similarly-
situated tipped employees all earned minimum wages in violation of
the Fair Labor Standards Act.
The case alleges that Plaintiffs and the members of the Classes
are entitled to minimum wage for all hours worked and overtime for
hours over 40 in a week. Due to the Defendants' policy of
requiring them to work while they were off the clock, and
requiring them to do non-tip related work on tip-wages, Plaintiffs
and members of the Classes were not paid for the time they worked.
As a result, Plaintiffs and members of the Classes were illegally
undercompensated for their work, asserts the complaint.
Defendants own and operate franchised Buffalo Wild Wings
restaurants in Ohio and Arizona. Only the Ohio restaurants are the
subject of this lawsuit. The case was filed on behalf of all
current and former servers and bartenders.[BN]
The Plaintiff is represented by:
Michael L. Fradin, Esq.
Michael L. Fradin, Esq.
LAW OFFICE OF MICHAEL L. FRADIN
8401 Crawford Ave. Ste. 104
Skokie, IL 60076
Phone: 847-986-5889
Fax: 847-673-1228
E-mail: mike@fradinlaw.com
LEXINGTON LAW: Faces "Cunningham" Suit Alleging TCPA Violation
--------------------------------------------------------------
CRAIG CUNNINGHAM, individually and on behalf of all others
similarly situated, Plaintiff, v. LEXINGTON LAW FIRM; DOES 1
through 10, inclusive, Defendant, Case No. 1:17-cv-00087-EJF (D.
Utah, June 1, 2017), accuses Defendants of negligently, knowingly,
and/or willfully contacting Plaintiff on Plaintiff's cellular
telephone in an effort to sell or solicit its services in
violation of the Telephone Consumer Protection Act, thereby
invading Plaintiff's privacy.
Defendant, LEXINGTON LAW FIRM, is a company in the business of
selling and marketing credit services.[BN]
The Plaintiff is represented by:
Joshua Trigsted, Esq.
TRIGSTED LAW GROUP, P.C.
5200 SW Meadows Rd, Ste 150
Lake Oswego, OR 97035
Phone: 888-595-9111, ext. # 216
Fax: 866-927-5826
E-mail: jtrigsted@attorneysforconsumers.com
MATTRESS FIRM: Faces "Herrera" Suit Seeking to Recoup OT Pay
------------------------------------------------------------
RAFAEL HERRERA, MAURICIO ALTAMIREZ, and JOSE DIAZ, and others
similarly situated, Plaintiffs, v. MATTRESS FIRM, INC., a Foreign
Profit Corporation, EDWIN V. DELIVERY SERVICES, INC., a Florida
Corporation, EDWIN VINDAS, individually, C.S.F. ENTERPRISES, INC.,
a Florida Corporation, and FELIX PACHECO, individually,
Defendants, Case No. 1:17-cv-22048-CMA (S.D. Fla., June 1, 2017),
proposes a purported class consisting of drivers hired to provide
delivery services to MATTRESS FIRM, who worked in excess of forty
(40) hours each week, and who were not paid the required overtime
premiums for each hour worked in excess of forty (40) in each work
week under the provisions the Fair Labor Standards Act.
MATTRESS FIRM is in the business of selling mattresses.
Plaintiffs were employed as delivery drivers.[BN]
The Plaintiff is represented by:
Andres F. Fernandez, Esq.
Samantha M. Fraga-Lopez, Esq.
Jeanette Escudero, Esq.
BERENS, FERNANDEZ & ASSOCIATES, P.A.
2100 Ponce de Leon Blvd., PH-2
Coral Gables, FL 33134
Phone: 305-329-2990
E-mail: Fernandez@berensfernandez.com
Fraga@berensfernandez.com
escudero@berensfernandez.com
pleadings@berensfernandez.com
MCCUSKER HOLDING: "Sergiyenko" Demands Payment of Unpaid Overtime
-----------------------------------------------------------------
Regina Sergiyenko and Russell Joly, Plaintiffs, v. McCusker
Holding Corp. and William McCusker, Defendants, Case No. 4:16-cv-
00435-DW (W.D. Mo., May 14, 2016), seek recovery for violations of
their employment agreement and consequently for unpaid overtime
compensation, liquidated damages, costs, attorneys' fees and any
such other relief under the Fair Labor Standards Act. The
Plaintiffs also bring a claim on behalf of themselves and all
others similarly situated for the Defendant's violation of the
Kansas Wage Payment Act.
McCusker is a warranty service product consulting and development
company and is a developer of customer support solutions including
fully insured warranty and field service programs. Defendants
misclassified Plaintiffs as exempt employees and denied them
overtime compensation.
The Plaintiff is represented by:
Michael Hodgson, Esq.
THE EMPLOYEE & LABOR LAW GROUP OF KANSAS CITY, LLC
3699 SW Pryor Rd.
Lee's Summit, MO 64082
Tel: (816) 945-2122
Fax: (816) 945-2120
Email: mike@elgkc.com
METLIFE INC: Westland Police Suit Still Pending in S.D.N.Y.
-----------------------------------------------------------
MetLife, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2017, for the
quarterly period ended March 31, 2017, that the Company continues
to defend against the case captioned, City of Westland Police and
Fire Retirement System v. MetLife, Inc., et. al. (S.D.N.Y., filed
January 12, 2012).
Seeking to represent a class of persons who purchased MetLife,
Inc. common shares between February 2, 2010, and October 6, 2011,
the plaintiff filed a third amended complaint alleging that
MetLife, Inc. and several current and former directors and
executive officers of MetLife, Inc. violated the Securities Act of
1933 ("Securities Act"), as well as the Securities Exchange Act of
1934 and Rule 10b-5 promulgated thereunder by issuing, or causing
MetLife, Inc. to issue, materially false and misleading statements
concerning MetLife, Inc.'s potential liability for millions of
dollars in insurance benefits that should have been paid to
beneficiaries or escheated to the states. Plaintiff seeks
unspecified compensatory damages and other relief. The defendants
intend to defend this action vigorously.
MetLife is a global provider of life insurance, annuities,
employee benefits and asset management.
METLIFE INC: Settlement in Birmingham Retirement Suit Approved
--------------------------------------------------------------
MetLife, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2017, for the
quarterly period ended March 31, 2017, that the court has approved
the settlement in the case, City of Birmingham Retirement and
Relief System v. MetLife, Inc., et al. (Circuit Court of Jefferson
County, Alabama, filed July 5, 2012).
Seeking to represent a class of persons who purchased MetLife,
Inc. common equity units in or traceable to a public offering in
March 2011, the plaintiff filed an action alleging that MetLife,
Inc., certain current and former directors and executive officers
of MetLife, Inc., and various underwriters violated several
provisions of the Securities Act related to the filing of the
registration statement by issuing, or causing MetLife, Inc. to
issue, materially false and misleading statements and/or omissions
concerning MetLife, Inc.'s potential liability for millions of
dollars in insurance benefits that should have been paid to
beneficiaries or escheated to the states. Plaintiff seeks
unspecified compensatory damages and other relief.
In August 2016, the parties reached a mediated settlement under
which MetLife, Inc. agreed to a certified class and to pay $9.75
million. On March 9, 2017, the court approved the settlement and
dismissed the case with prejudice.
MetLife is a global provider of life insurance, annuities,
employee benefits and asset management.
METLIFE INC: Still Defends "Owens" Class Suit in N.D. Ga.
----------------------------------------------------------
MetLife, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2017, for the
quarterly period ended March 31, 2017, that the Company continues
to defend against the case captioned as, Owens v. Metropolitan
Life Insurance Company (N.D. Ga., filed April 17, 2014).
Plaintiff filed this putative class action lawsuit on behalf of
all persons for whom MLIC established a retained asset account,
known as a Total Control Accounts, to pay death benefits under an
Employee Retirement Income Security Act of 1974 ("ERISA") plan.
The action alleges that MLIC's use of the TCA as the settlement
option for life insurance benefits under some group life insurance
policies violates MLIC's fiduciary duties under ERISA. As damages,
plaintiff seeks disgorgement of profits that MLIC realized on
accounts owned by members of the putative class.
On September 27, 2016, the court denied MLIC's summary judgment
motion in full and granted plaintiff's partial summary judgment
motion. The Company intends to defend this action vigorously.
MetLife is a global provider of life insurance, annuities,
employee benefits and asset management.
METLIFE INC: "Voshall" Class Suit Underway in California
--------------------------------------------------------
MetLife, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2017, for the
quarterly period ended March 31, 2017, that the Company continues
to defend against the case captioned as, Voshall v. Metropolitan
Life Insurance Company (Superior Court of the State of California,
County of Los Angeles, April 8, 2015).
Plaintiff filed this putative class action lawsuit on behalf of
himself and all persons covered under a long-term group disability
income insurance policy issued by MLIC to public entities in
California between April 8, 2011 and April 8, 2015. Plaintiff
alleges that MLIC improperly reduced benefits by including cost of
living adjustments and employee paid contributions in the employer
retirement benefits and other income that reduces the benefit
payable under such policies. Plaintiff asserts causes of action
for declaratory relief, violation of the California Business &
Professions Code, breach of contract and breach of the implied
covenant of good faith and fair dealing. The Company intends to
defend this action vigorously.
MetLife is a global provider of life insurance, annuities,
employee benefits and asset management.
METLIFE INC: Plaintiffs' Appeal in "Martin" Case Underway
---------------------------------------------------------
MetLife, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2017, for the
quarterly period ended March 31, 2017, that Plaintiffs' appeal in
the case captioned, Martin v. Metropolitan Life Insurance Company,
(Superior Court of the State of California, County of Contra
Costa, filed December 17, 2015), remains pending.
Plaintiffs filed this putative class action lawsuit on behalf of
themselves and all California persons who have been charged
compound interest by MLIC in life insurance policy and/or premium
loan balances within the last four years. Plaintiffs allege that
MLIC has engaged in a pattern and practice of charging compound
interest on life insurance policy and premium loans without the
borrower authorizing such compounding, and that this constitutes
an unlawful business practice under California law. Plaintiff
asserts causes of action for declaratory relief, violation of
California's Unfair Competition Law and Usury Law, and unjust
enrichment. Plaintiff seeks declaratory and injunctive relief,
restitution of interest, and damages in an unspecified amount. On
April 12, 2016, the court granted MLIC's motion to dismiss.
Plaintiffs have filed an appeal of this ruling.
MetLife is a global provider of life insurance, annuities,
employee benefits and asset management.
METLIFE INC: Still Defends "Lau" Class Suit in New York
-------------------------------------------------------
MetLife, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2017, for the
quarterly period ended March 31, 2017, that the Company continues
to defend against the case captioned as, Lau v. Metropolitan Life
Insurance Company (S.D.N.Y. filed, December 3, 2015).
This putative class action lawsuit was filed by a single defined
contribution plan participant on behalf of all ERISA plans whose
assets were invested in MetLife's "Group Annuity Contract Stable
Value Funds" within the past six years. The suit alleges breaches
of fiduciary duty under ERISA and challenges the "spread" with
respect to the stable value fund group annuity products sold to
retirement plans. The allegations focus on the methodology MetLife
uses to establish and reset the crediting rate, the terms under
which plan participants are permitted to transfer funds from a
stable value option to another investment option, the procedures
followed if an employer terminates a contract, and the level of
disclosure provided. Plaintiff seeks declaratory and injunctive
relief, as well as damages in an unspecified amount. The Company
intends to defend this action vigorously.
MetLife is a global provider of life insurance, annuities,
employee benefits and asset management.
METLIFE INC: Plaintiff's Appeal in "Newman" Suit Underway
---------------------------------------------------------
MetLife, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2017, for the
quarterly period ended March 31, 2017, that the Plaintiff's appeal
in the case captioned as, Newman v. Metropolitan Life Insurance
Company (N.D. Ill., filed March 23, 2016), remains pending.
Plaintiff filed this putative class action alleging causes of
action for breach of contract, fraud, and violations of the
Illinois Consumer Fraud and Deceptive Business Practices Act,
based on MLIC's class-wide increase in premiums charged for long-
term care insurance policies. Plaintiff alleges a class consisting
of herself and all persons over age 65 who selected a Reduced Pay
at Age 65 payment feature and whose premium rates were increased
after age 65. Plaintiff asserts that premiums could not be
increased for these class members and/or that marketing material
was misleading as to MLIC's right to increase premiums. Plaintiff
seeks unspecified compensatory, statutory and punitive damages as
well as recessionary and injunctive relief.
On April 12, 2017, the court granted MLIC's motion, dismissing the
action with prejudice. On April 21, 2017, plaintiff appealed this
ruling.
MetLife is a global provider of life insurance, annuities,
employee benefits and asset management.
METLIFE INC: "Miller" Class Suit Underway in California
-------------------------------------------------------
MetLife, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2017, for the
quarterly period ended March 31, 2017, that the Company continues
to defend against the case captioned as, Miller, et al. v. MetLife
Inc., et al. (C.D. Cal., filed April 7, 2017).
Plaintiff filed this putative class action against MetLife, Inc.
and MLIC purporting to assert claims on behalf of all persons who
replaced their MetLife Optional Term Life or Group Universal Life
policy for a Group Variable Universal Life (GVUL) policy wherein
MetLife allegedly charged smoker rates for certain non-smokers.
Plaintiff seeks unspecified compensatory and punitive damages, as
well as other relief. The Company intends to defend this action
vigorously.
MetLife is a global provider of life insurance, annuities,
employee benefits and asset management.
MILWAUKEE ELECTRIC: Paldo Sign Sues Over Illegal Faxed Ads
----------------------------------------------------------
Paldo Sign and Display Company, individually and as the
representative of a class of similarly-situated persons,
Plaintiff, v. Milwaukee Electric Tool Corporation, City Electric
Supply Company and John Does 1-5, Defendants, Case No. 1:17-cv-
04155 (N.D. Ill., June 1, 2017), seeks actual monetary loss or the
sum of five hundred dollars for each violation of the Telephone
Consumer Protection Act of 1991, as amended by the Junk Fax
Prevention Act of 2005; treble damages; pre-judgment interest;
costs; and such further relief.
Defendants have sent and continue to send, unsolicited
advertisements via facsimile transmission to the Plaintiff, says
the complaint. [BN]
The Plaintiff is represented by:
Brian J. Wanca, Esq.
Ryan M. Kelly, Esq.
ANDERSON + WANCA
3701 Algonquin Road, Suite 500
Rolling Meadows, IL 60008
Telephone: (847) 368-1500
Email: rkelly@andersonwanca.com
Bwanca@andersonwanca.com
MS INTERNATIONAL: Faces "Anvar" Suit Alleging False Advertising
---------------------------------------------------------------
JESSICA ANVAR and ERIC STOTZ, individually and on behalf of all
others similarly situated, Plaintiff, vs. MS INTERNATIONAL, INC.,
Defendant, Case No. 2:17-cv-04147 (C.D. Cal., June 2, 2017), seeks
to stop Defendant's alleged practice of falsely advertising its
porcelain slabs and countertops as being suitable for outdoor use
when in fact these products get severely damaged and destroyed in
outdoor use.
M S International, Inc. is a nationwide distributor of flooring,
countertop, wall tile and hardscaping products.[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
Meghan E. George, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Phone: 877-206-4741
Fax: 866-633-0228
E-mail: tfriedman@ toddflaw.com
abacon@toddflaw.com
mgeorge@toddflaw.com
MYLAN INC: KPH Sues Over Generic Benazepril Price-fixing
--------------------------------------------------------
KPH Healthcare Services, Inc., individually and on behalf of all
others similarly situated, Plaintiff, v. Mylan, Inc., Mylan
Pharmaceuticals, Inc. and Sandoz, Inc., Defendants, Case No. 2:17-
cv-02479 (E.D. Pa., June 1, 2017), seeks damages, injunctive and
equitable relief, costs of suit, and reasonable attorney fees for
violation of the Sherman Act.
Defendants are accused of engaging in a conspiracy to fix,
maintain, and/or stabilize the prices of generic benazepril and
hydrochlorothiazide. Benazepril and hydrochlorothiazide is
prescribed to treat hypertension and kidney disease.
KPH operates retail pharmacies in the Northeast under the name
Kinney Drugs.
Mylan Inc. is a Pennsylvania corporation with its principal place
of business at 1000 Mylan Blvd., Canonsburg, Pennsylvania 15317.
Mylan Pharmaceuticals Inc. is a West Virginia corporation with its
principal place of business at TSl Chestnut Ridge Road,
Morgantown, West Virginia 26505.
Sandoz, Inc. is a Colorado corporation with its principal place of
business at Princeton, New Jersey. Sandoz manufactures, markets,
and sells generic drug products and is the US affiliate of Sandoz
International GmbH.
The Plaintiff is represented by:
Dianne M. Nast, Esq.
NASTLAW LLC
1101 Market Street, Suite 2801
Philadelphia, PA 19107
Tel: 215-923-9300
Fax: 215-923-9302
Email: dnast@nastlaw.com
- and -
Michael L. Roberts, Esq.
ROBERTS LAW FIRM, P.A.
20 Rahling Circle
P.O. Box 241790
Little Rock, AR 72223
Tel: 501-821-5575
Fax: 501-821-4474
Email: mikeroberts@robetsslawfirm.us
MYLAN INC: KPH Sues Over Generic Amitryptylin Price-fixing
----------------------------------------------------------
KPH Healthcare Services, Inc., individually and on behalf of all
others similarly situated, Plaintiff, v. Par Pharmaceuticals,
Inc., Mylan, Inc., Mylan Pharmaceuticals, Inc. and Sandoz, Inc.,
Defendants, Case No. 2:17-cv-02480 (E.D. Pa., June 1, 2017), seeks
damages, injunctive and equitable relief, costs of suit, and
reasonable attorney fees for violation of the Sherman Act.
Defendants are accused of engaging in a conspiracy to fix,
maintain, and/or stabilize the prices of generic amitryptylin, an
anti-depressant used to treat a variety of mental illnesses.
KPH operates retail pharmacies in the Northeast under the name
Kinney Drugs.
Par is a Delaware corporation with its principal place of business
in Chestnut Ridge, New York. It supplies and distributes generic
drugs.
Mylan Inc. is a Pennsylvania corporation with its principal place
of business at 1000 Mylan Blvd., Canonsburg, Pennsylvania 15317.
Mylan Pharmaceuticals Inc. is a West Virginia corporation with its
principal place of business at TSl Chestnut Ridge Road,
Morgantown, West Virginia 26505.
Sandoz, Inc. is a Colorado corporation with its principal place of
business at Princeton, New Jersey. Sandoz manufactures, markets,
and sells generic drug products and is the US affiliate of Sandoz
International GmbH.
The Plaintiff is represented by:
Dianne M. Nast, Esq.
NASTLAW LLC
1101 Market Street, Suite 2801
Philadelphia, PA 19107
Tel: 215-923-9300
Fax: 215-923-9302
Email: dnast@nastlaw.com
- and -
Michael L. Roberts, Esq.
ROBERTS LAW FIRM, P.A.
20 Rahling Circle
P.O. Box 241790
Little Rock, AR 72223
Tel: 501-821-5575
Fax: 501-821-4474
Email: mikeroberts@robetsslawfirm.us
NATROL LLC: Falsely Marketed Biotin Products, "Jensen" Suit Says
----------------------------------------------------------------
Jaime Jensen, on behalf of herself and all others similarly
situated v. Natrol, LLC, Case No. 4:17-cv-03193-DMR (N.D. Cal.,
June 5, 2017), is brought on behalf of all consumers who purchased
Biotin Products, to halt the dissemination of a false, misleading,
and deceptive "health benefit" advertising message, correct the
false and misleading perception it has created in the minds of
consumers, and obtain redress for those who have purchased the
Biotin Products.
Natrol, LLC manufactures, markets, sells, and distributes biotin
supplements. [BN]
The Plaintiff is represented by:
Patricia N. Syverson, Esq.
Manfred P. Muecke, Esq.
BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C.
600 W. Broadway, Suite 900
San Diego, CA 92101
Telephone: (619) 798-4593
E-mail: psyverson@bffb.com
mmuecke@bffb.com
- and -
Elaine A. Ryan, Esq.
Carrie A. Laliberte, Esq.
BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C.
2325 E. Camelback Rd. Suite 300
Phoenix, AZ 85016
Telephone: (602) 274-1100
E-mail: eryan@bffb.com
claliberte@bffb.com
- and -
Michael Chang, Esq.
SIPRUT PC STEWART M. WELTMAN
17 North State Street
Chicago, IL 60602
Telephone: (312) 236-0000
E-mail: sweltman@siprut.com
mchang@siprut.com
NETGEAR INC: Defending Against "Williams" Suit
----------------------------------------------
NETGEAR, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2017, for the
quarterly period ended April 2, 2017, that the Company is facing
the case captioned, Williams v. NETGEAR, Inc.
On April 14, 2017, Plaintiff Stewart Williams filed a putative
class action against the Company in the United States District
Court for the Northern District of California. Plaintiff is
represented by Schubert Jonckheer & Kolbe LLP.
Plaintiff Stewart Williams alleges violations of California and
Nevada state consumer protection laws based on NETGEAR's sale and
marketing of its CM700 cable modem (the "Modem"). Specifically,
Plaintiff alleges that the Modem contains a defect that causes
severe network latency, impairing network connectivity and
preventing consumers from utilizing the maximum advertised network
bandwidth. According to Plaintiff, NETGEAR had exclusive knowledge
of this alleged defect and actively concealed the defect from
consumers with false marketing and labeling.
Based on these allegations, Plaintiff seeks to bring his lawsuit
as a class action representing a nationwide class of consumers.
Plaintiff states causes of action under California's (1) Song-
Beverly Consumer Warranty Act; (2) Consumer Legal Remedies Act,
(3) False Advertising Law, and (4) Unfair Competition Law. In
addition, Plaintiff seeks to represent a subclass of Nevada
consumers and brings a claim under Nevada's Deceptive Trade
Practices Act.
The Company has not yet answered the complaint. It is too early to
reasonably estimate any financial impact to the Company resulting
from this litigation matter.
The Plaintiff is represented by:
Noah M. Schubert, Esq.
SCHUBERT JONCKHEER & KOLBE LLP
3 Embarcadero Ctr Ste 1650
San Francisco, CA 94111
Telephone: (415) 788 4220
Facsimile: (415) 788 0161
E-mail: nschubert@sjk.law
NETGEAR, Inc. is a global networking company that delivers
innovative networking and Internet connected products to consumers
and growing businesses.
NEWLINK GENETICS: Securities Class Action Pending in New York
-------------------------------------------------------------
Newlink Genetics Corporation said in its Form 10-Q Report filed
with the Securities and Exchange Commission on May 5, 2017, for
the quarterly period ended March 31, 2017, that the Company
continues to defend against a securities class action lawsuit.
On or about May 12, 2016, Trevor Abramson filed a putative
securities class action lawsuit in the United States District
Court for the Southern District of New York, or the Court,
captioned Abramson v. NewLink Genetics Corp., et al., Case 1:16-
cv-3545, or the Action. Subsequently, the Court appointed Michael
and Kelly Nguyen as lead plaintiffs and approved their selection
of Kahn, Swick & Foti, LLC as lead counsel in the Action.
On October 31, 2016, the lead plaintiffs filed an amended
complaint which asserts claims under the federal securities laws
against the Company, the Company's Chief Executive Officer Charles
J. Link, Jr., and the Company's Chief Medical Officer and
President Nicholas Vahanian, or collectively, the Defendants. The
amended complaint alleges the Defendants made material false
and/or misleading statements that caused losses to the Company's
investors. In particular, the lead plaintiffs allege that the
Defendants made material misstatements or omissions related to the
Phase II and III trials and efficacy of the product candidate
algenpantucel-L. The lead plaintiffs do not quantify any alleged
damages in the amended complaint but, in addition to attorneys'
fees and costs, they seek to recover damages on behalf of
themselves and other persons who purchased or otherwise acquired
the Company's stock during the putative class period of September
17, 2013 through May 9, 2016, inclusive, at allegedly inflated
prices and purportedly suffered financial harm as a result.
On April 27, 2017, the Court granted the parties' request for
leave to brief a motion to dismiss the amended complaint, and
ordered the parties to file a stipulation and proposed order
setting forth a schedule for the briefing of that motion. The
Company disputes the claims in the Action and intends to defend
against them vigorously.
Newlink Genetics is a clinical stage immuno-oncology company
focused on discovering and developing novel immunotherapeutic
products for the treatment of cancer with an expertise in
infectious diseases that drives specific opportunities.
ONEBEACON INSURANCE: Faces "Bushansky" Suit Over Sale to Intact
---------------------------------------------------------------
STEPHEN BUSHANSKY, On Behalf of Himself and All Others Similarly
Situated, Plaintiff, v. ONEBEACON INSURANCE GROUP, LTD., T.
MICHAEL MILLER, LOWNDES A. SMITH, REID T. CAMPBELL, MORGAN W.
DAVIS, LOIS W. GRADY, IRA H. MALIS, G. MANNING ROUNTREE, PATRICK
A. THIELE, and KENT D. URNESS, Defendants, Case No. 0:17-cv-01883-
DWF-BRT (D. Minn., June 2, 2017), arises out of Defendant's
attempt to sell the Company to Intact Financial Corporation,
through Intact's wholly owned subsidiary, Intact Bermuda Holdings
Ltd., and Holdco's wholly owned subsidiary, Intact Acquisition Co.
Ltd.
The Proposed Transaction is valued at approximately $1.7 billion.
The case alleges that the Proxy Statement, which recommends that
OneBeacon stockholders vote in favor of the Proposed Transaction,
omits or misrepresents material information concerning, among
other things: (i) OneBeacon insiders' potential conflicts of
interest; (ii) the sale process leading up to the Proposed
Transaction; and (iii) the valuation analyses prepared by
OneBeacon's financial advisor, Credit Suisse Securities (USA) LLC
in connection with the rendering of its fairness opinion. The
failure to adequately disclose such material information
constitutes a violation of Sections the U.S. Securities and
Exchange Act, the complaint asserts.
Intact Financial Corporation is the largest provider of property
and casualty insurance in Canada with nearly $8.0 billion in
annual premiums.[BN]
The Plaintiff is represented by:
Douglas B. Altman, Esq.
Adam M. Altman, Esq.
ALTMAN & IZEK
901 North Third Street, Suite 140
Minneapolis, MN 55401
Phone: (612) 335-3700
Fax: (612) 335-3701
- and -
Richard A. Acocelli, Esq.
Michael A. Rogovin, Esq.
Kelly C. Keenan, Esq.
WEISSLAW LLP
1500 Broadway, 16th Floor
New York, NY 10036
Phone: (212) 682-3025
Fax: (212) 682-3010
PAR PHARMA: KPH Sues Over Generic Baclofen Price-Fixing
-------------------------------------------------------
KPH Healthcare Services, Inc., individually and on behalf of all
others similarly situated, Plaintiff, v. Par Pharmaceuticals,
Inc., Teva Pharmaceuticals USA, Inc. and Upsher-Smith
Laboratories, Inc., Defendants, Case No. 2:17-cv-02475 (E.D. Pa.,
June 1, 2017), seeks damages, injunctive and equitable relief,
costs of suit, reasonable attorney fees for violation of Sections
1 and 3 of the Sherman Act.
Defendants are accused of engaging in a conspiracy to fix,
maintain, and/or stabilize the prices of generic baclofen.
Baclofen is a muscle relaxer and anti-spasmic agent prescribed to
treat muscle symptoms caused by multiple sclerosis, including
spasm, pain and stiffness.
KPH operates retail pharmacies in the Northeast under the name
Kinney Drugs. It claims it purchased generic baclofen manufactured
by one or more Defendants at supra-competitive prices.
Par is a Delaware corporation with its principal place of business
in Chestnut Ridge, New York. It supplies and distributes generic
drugs.
Teva Pharmaceuticals USA, Inc. is a Delaware corporation with its
principal place of business at 1090 Horsham Road, North Wales,
Pennsylvania 19454.
Upsher-Smith Laboratories, Inc. is a Minnesota corporation with
its principal place of business at 6701 Evenstad Drive, Maple
Grove, Minnesota 55369.
The Plaintiff is represented by:
Dianne M. Nast, Esq.
NASTLAW LLC
1101 Market Street, Suite 2801
Philadelphia, PA 19107
Tel: 215-923-9300
Fax: 215-923-9302
Email: dnast@nastlaw.com
- and -
Michael L. Roberts, Esq.
ROBERTS LAW FIRM, P.A.
20 Rahling Circle
P.O. Box 241790
Little Rock, AR 72223
Tel: 501-821-5575
Fax: 501-821-4474
Email: mikeroberts@robetsslawfirm.us
PATHWAY LEASING: Faces "Fisher" Suit Alleging FLSA Breach
---------------------------------------------------------
JESSE FISHER and LONNIE FAILS, both individuals, Plaintiffs, v.
PATHWAY LEASING LLC, a Colorado limited liability company;
MATTHEW HARRIS, an individual; INTERSTATE DISTRIBUTOR CO., a
Washington corporation registered to conduct business in Colorado;
BOOKER TRANSPORTATION SERVICES, INC., a Texas corporation; and
CARGILL MEAT LOGISTICS SOLUTIONS, INC., a Kansas
corporation registered to conduct business in Colorado,
Defendants, Case No. 1:17-cv-01329 (D. Col., June 1, 2017), was
brought as a collective action, pursuant to the Fair Labor
Standards Act.
The case alleges that Plaintiffs were duped into signing lease
agreements for trucks believing they could operate those trucks as
independent contractors and improve their lives through the
exercise of entrepreneurial spirit. In reality, after signing
these lease agreements, and other ancillary agreements, Defendants
controlled every aspect of Plaintiffs' work.
Furthermore, Defendants even required the companies that
Plaintiffs drove for to remit Plaintiffs' pay to Defendants so
that Defendants could make deductions from Plaintiffs' pay and
issue them paychecks, says the complaint. These deductions never
included payroll deductions mandated by state and federal law
governing the payment of wages, but rather, included improper and
unlawful deductions that resulted in Plaintiffs being paid less
than minimum wage on many occasions.
Defendants are lessors of trucks.[BN]
The Plaintiffs are represented by:
John R. Crone, Esq.
ANDRUS WAGSTAFF PC
7171 West Alaska Drive
Lakewood, CO 80226
Phone: (303) 376-6360
E-mail: John.Crone@andruswagstaff.com
PJ PIZZA: Seeks Ninth Circuit Review of Ruling in "Ross" Suit
-------------------------------------------------------------
Defendants P.J. Pizza San Diego, LLC, PJ Cleveland, LLC, and PJ
Pizza Holdings, LLC, took an appeal from a court ruling in the
lawsuit entitled Peter Ross v. P.J. Pizza San Diego, LLC, et al.,
Case No. 3:16-cv-02330-L-JMA, in the U.S. District Court for the
Southern District of California, San Diego.
The lawsuit is brought over alleged violations of the Fair Labor
Standards Act.
The appellate case is captioned as Peter Ross v. P.J. Pizza San
Diego, LLC, et al., Case No. 17-55792, in the United States Court
of Appeals for the Ninth Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Appellants P.J. Pizza San Diego, LLC, PJ Cleveland, LLC and
PJ Pizza Holdings, LLC's opening brief is due on
September 11, 2017;
-- Appellee Peter Ross' answering brief is due on October 10,
2017; and
-- Appellant's optional reply brief is due 21 days after
service of the answering brief.[BN]
Plaintiff-Appellee PETER ROSS, individually and on behalf of
similarly situated persons, is represented by:
Richard Monroe Paul, III, Esq.
PAUL MCINNES LLP
2000 Baltimore
Kansas City, MO 64108
Telephone: (816) 984-8100
E-mail: paul@paulmcinnes.com
- and -
Ryan L. Thompson, Esq.
WATTS GUERRA LLP
4 Dominion Drive
Building 1
San Antonio, TX 78257
Telephone: (210) 448-0500
Facsimile: (210) 448-0501
E-mail: rlt-bulk@wattsguerra.com
Defendants-Appellants P.J. PIZZA SAN DIEGO, LLC, PJ PIZZA
HOLDINGS, LLC, and PJ CLEVELAND, LLC, are represented by:
William Sung, Esq.
Tyler James Johnson, Esq.
Jeffrey Scott Ranen, Esq.
LEWIS BRISBOIS BISGAARD & SMITH LLP
633 W. 5th Street, Suite 4000
Los Angeles, CA 90071
Telephone: (213) 680-5182
Facsimile: (213) 250-7900
E-mail: William.Sung@lewisbrisbois.com
jeffrey.ranen@lewisbrisbois.com
tyler.johnson@lewisbrisbois.com
PLANESPHERE INC: Ries Moves to Certify Classes Under IMWL & IWPCA
-----------------------------------------------------------------
The Plaintiff in the lawsuit titled KAITLYN RIES, individually and
on behalf of all persons similarly situated as class
representative under Illinois Law and/or as members of the
Collective as permitted under the Fair Labor Standards Act v.
PLANESPHERE, INC. d/b/a Orbit Skate Center and SANDRA L. LEVIN as
an individual under FLSA and Illinois Wage Laws, Case No. 1:16-cv-
03667 (N.D. Ill.), seeks to certify classes:
a. Under the IMWL to recover unpaid and overtime wages due to
the Defendant's shaving of work hours; and
b. Under the IWPCA to recover for violations of the parties
IWPCA "Agreements" that the employees of Orbit are to be
paid:
i. for all hours/time worked; and
ii. for failure to pay "Agreed-To" Rate-of-Pay.
The lawsuit arises under the Fair Labor Standards Act, the
Illinois Minimum Wage Law and the Illinois Wage Payment and
Collection Act.
The Plaintiff also asks the Court to authorize notice to the
putative class, to appoint the Plaintiff's counsel as class
counsel, and to set a schedule for the Plaintiff to file
supplemental evidentiary materials, if necessary.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=9P6GHtca
The Plaintiff is represented by:
John C. Ireland, Esq.
THE LAW OFFICE OF JOHN C. IRELAND
636 Spruce Street
South Elgin, IL 60177
Telephone: (630) 464-9675
Facsimile: (630) 206-0889
E-mail: attorneyireland@gmail.com
PORTFOLIO RECOVERY: Faces "Jaggars" Suit Alleging FDCPA Violation
-----------------------------------------------------------------
CHRISTOPHER JAGGARS, Plaintiff, v. PORTFOLIO RECOVERY ASSOCIATES,
L.L.C., Defendant, Case No. 2:17-cv-00286-MSD-DEM (E.D. Va., June
1, 2017), was filed on behalf of a class of consumers who filed
for bankruptcy and who were subsequently contacted directly by
Portfolio in an attempt to collect a debt more than a month after
the attorney confirmed his representation of the debtor. The case
alleges violation of the Fair Debt Collection Practices Act.
PORTFOLIO RECOVERY ASSOCIATES, L.L.C.'s business is the collection
of debts for its clients, creditors to whom debts are allegedly
owed by consumers, and the collection of debts it has purchased
from original creditors or debt sellers.[BN]
The Plaintiff is represented by:
Gary M. Bowman, Esq.
2728 Colonial Ave., Ste. 100
Roanoke, VA 24015
Phone: (540) 343-1173
RASH CURTIS: Certification of Classes Sought in "McMillion" Suit
----------------------------------------------------------------
Jessica Adekoya and Ignacio Perez, two of the Plaintiffs in the
lawsuit titled SANDRA MCMILLION, JESSICA ADEKOYA, and IGNACIO
PEREZ, on Behalf of Themselves and all Others Similarly Situated
v. RASH CURTIS & ASSOCIATES, Case No. 4:16-cv-03396-YGR (N.D.
Cal.), ask the Court to certify these classes:
(a) SKIP-TRACE CLASS 1: All persons who received a call on
their cellular telephones within four years of the filing
of the complaint until the date that class notice is
disseminated from Rash Curtis' DAKCS VIC dialer and/or
Global Connect dialer whose cellular telephone number was
obtained by Rash Curtis through skiptracing.
(b) SKIP-TRACE CLASS 2: All persons who received a prerecorded
message or robo-call on their cellular telephones OR
landline phones within four years of the filing of the
complaint until the date that class notice is disseminated
from Rash Curtis whose telephone number was obtained by
Rash Curtis through skiptracing.
Plaintiff Perez seeks certification of these classes:
(a) NON-DEBTOR CLASS 1: All persons who received a call on
their cellular telephones within four years of the filing
of the complaint until the date that class notice is
disseminated from Rash Curtis' DAKCS VIC dialer and/or
Global Connect dialer whose cellular telephone number was
obtained by Rash Curtis through skiptracing and for whom
Rash Curtis has never had a debt-collection account in
their name.
(b) NON-DEBTOR CLASS 2: All persons who received a prerecorded
message or robo-call on their cellular telephones OR
landline phones within four years of the filing of the
complaint until the date that class notice is disseminated
from Rash Curtis whose telephone number was obtained by
Rash Curtis through skiptracing and for whom Rash Curtis
has never had a debt-collection account in their name.
Excluded from all classes are all persons, who provided their
cellular telephone in an application for credit to a creditor that
has opened an account with Defendant in such debtor's name prior
to Defendant first placing a call using an automatic telephone
dialing system and/or prerecorded voice. Also excluded are
Defendant and any entities in which Defendant has a controlling
interest, Defendant's agents and employees, any Judge and/or
Magistrate Judge to whom this action is assigned and any member of
such Judges' staff and immediate families.
The Plaintiffs also ask the Court to appoint Plaintiffs Jessica
Adekoya and Ignacio Perez as class representatives, and to appoint
Bursor & Fisher, P.A. as class counsel.
The Court will commence a hearing on August 29, 2017, at 2:00
p.m., to consider the Motion.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=FHUHTf7q
The Plaintiffs are represented by:
L. Timothy Fisher, Esq.
Yeremey O. Krivoshey, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ltfisher@bursor.com
ykrivoshey@bursor.com
- and -
Scott A. Bursor, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Telephone: (212) 989-9113
Facsimile: (212) 989-9163
E-mail: scott@bursor.com
RP CAPITAL: Brown, et al. Sue After Aequitas Investments Fails
-------------------------------------------------------------
Leon Brown, John and Deborah Newcomb, Majid Majidian, William and
Roberta Isgreen, Kirk Clothier, Karen Schoen, Souror Baetjer,
Nancy Gilbert, Rollin Chew, Edwin L. Chew Family Trust, Bernard
Gutow as Trustee of the Gutow Family Trust dtd 10/28/1991, all
individually and on behalf of all others similarly situated,
Plaintiffs, vs. Norman Gary Price and Christina A. Price; Ronald
J. Robertson and Kathryn Robertson; RP Capital, LLC; Douglas R.
Bean and Megan Susanne Bean; S. Christopher Bean and Jodi J. Bean;
Bean Holdings, LLC; Jonathan Bishopp and Monica Bishopp; Timothy
J. Feehan, Jr. and Kimberly A. Feehan; Strategic Capital
Alternatives LLC; and SCA Holdings LLC, Defendants, Case No. 3:17-
cv-00869 (D. Ore., June 2, 2017), was filed against Defendants for
breach of contract for failing to provide objective, non-
conflicted investment advice.
Plaintiffs were clients of two non-party registered investment
advisory firms known as Strategic Capital Group, LLC (SCG) and
Private Advisory Group, LLC (PAG), (collectively referred to as
the RIA Firms).
Additionally, Plaintiffs make claims under elder abuse statues,
state and federal securities law violations, and for breach of
fiduciary duty. The gravamen of the complaint is that the
defendants failed to advise the plaintiffs of defendants'
connections to Aequitas Investments companies when they were
soliciting and selling Aequitas investments to the plaintiffs.
The Aequitas Investments have failed. There are approximately 40
Aequitas companies, and they have been ordered into receivership
by a federal district court judge.
The Defendants are investment advisor representatives or
brokers.[BN]
The Plaintiffs are represented by:
Robert S. Banks, Jr., Esq.
SAMUELS YOELIN KANTOR LLP
111 SW 5th Ave., Suite 3800
Portland, OR 97204-3642
Phone: (503) 226-2966
Fax: (503) 222-2937
E-mail: bbanks@SamuelsLaw.com
- and -
Lawrence R. Cock, Esq.
CABLE, LANGENBACH, KINERK & BAUER, LLP
Suite 3500, 1000 Second Avenue Building
Seattle, WA 98104-1048
Phone: (206) 292-8800
Fax: (206) 292-0494
E-mail: lrc@cablelang.com
SCRAM OF CALIFORNIA: Hansen's Bid to Certify Class Due August 21
----------------------------------------------------------------
The Hon. Christina A. Snyder granted the Plaintiffs' ex parte
application for an order to stay discovery and to continue class
certification deadlines or, alternatively, to defer class
certification ruling pending class discovery on the first amended
complaint in the lawsuit styled ROSEANNE HANSEN, on behalf of
herself and all others similarly situated; JENIFFER OH, on behalf
of herself and all others similarly situated Plaintiffs v. SCRAM
OF CALIFORNIA, INC., a California Corporation; ALCOHOL MONITORING
SYSTEMS, INC., a Delaware Corporation; and DOES 1 through 10,
inclusive, Case No. 2:17-cv-01474-CAS-PLA (C.D. Cal.).
The Plaintiffs' Motion for Class Certification is not due until
August 21, 2017.
A copy of the Order is available at no charge at
http://d.classactionreporternewsletter.com/u?f=GlU8SZDU
SECURUS TECHNOLOGIES: "Huff" Files Suit Over Illegal Wiretapping
----------------------------------------------------------------
Ashley Huff and Gregory Rapp, individually and on behalf of all
others similarly situated, Plaintiffs, v. CoreCivic, Inc., f/k/a
Corrections Corporation of America, and Securus Technologies,
Inc., Defendants, Case No. 2:17-cv-02320 (D. Kan., June 1, 2017),
alleges that Defendants improperly and without authorization or
consent by Plaintiffs, recorded confidential phone calls and
meetings between United States Marshal Service detainees,
including Plaintiffs and their attorneys. Plaintiffs bring this
lawsuit on behalf of themselves and all others similarly situated
against Defendants for violations of the Kansas, Missouri and
federal wiretapping statutes.
CoreCivic, Inc. (formerly known as Corrections Corporation of
America, Inc.) is a private corrections management company that
manages prisons, jails and detention facilities.[BN]
The Plaintiffs are represented by:
Robert A. Horn, Esq.
Joseph A. Kronawitter, Esq.
HORN AYLWARD & BANDY, LLC
2600 Grand Boulevard, Suite 1100
Kansas City, MO 64108
Phone: (816) 421-0700
E-mail: rhorn@hab-law.com
jkronawitter@hab-law.com
- and -
Brian Timothy Meyers, Esq.
Brian C. McCart, Esq.
LAW OFFICES OF BRIAN TIMOTHY MEYERS
1044 Main Street, Suite 400
Kansas City, MO 64105
Phone: (816) 842-0006
E-mail: btmeyers@btm-law.com
bmccart@btm-law.com
SIRIUS XM: Sweeney Appeals Decision in "Hooker" Suit to 4th Cir.
----------------------------------------------------------------
Party-in-Interest Patrick S. Sweeney filed an appeal from a court
ruling in the lawsuit entitled FRANCIS W. HOOKER, Jr., for himself
and on behalf of all similarly situated individuals v. SIRIUS XM
RADIO, INC., Case No. 4:13-cv-00003-AWA-LRL, in the U.S. District
Court for the Eastern District of Virginia at Newport News.
As previously reported in the Class Action Reporter, Sirius XM
Holdings Inc. said in its Form 10-K Report for the fiscal year
ended December 31, 2016, that approximately 200 consumers, or less
than 0.002% of the consumers who received notice of settlement,
opted-out of the settlement of the Telephone Consumer Protection
Act class action suits.
Sirius XM Holdings said, "We were a defendant in several purported
class action suits that alleged that we, or call center vendors
acting on our behalf, made calls which violate provisions of the
Telephone Consumer Protection Act of 1991 (the "TCPA"). These
purported class action cases were titled Erik Knutson v. Sirius XM
Radio Inc., No. 12-cv-0418-AJB-NLS (S.D. Cal.), Francis W. Hooker
v. Sirius XM Radio Inc., No. 4:13-cv-3 (E.D. Va.), Yefim Elikman
v. Sirius XM Radio Inc. and Career Horizons, Inc., No. 1:15-cv-
02093 (N.D. Ill.), and Anthony Parker v. Sirius XM Radio Inc., No.
8:15-cv-01710-JSM-EAJ (M.D. Fla).
"We have entered into an agreement to settle these purported class
action suits. The settlement was approved by the United States
District Court for the Eastern District of Virginia in December
2016. The settlement resolves the claims of consumers beginning in
February 2008 relating to telemarketing calls to their mobile
telephones. Approximately 200 consumers, or less than 0.002% of
the consumers who received notice of the settlement, opted-out of
this class action settlement.
"As part of this settlement, we made a $35 million payment to a
settlement fund (from which notice, administration and other costs
and attorneys' fees are being paid), and are offering
participating class members the option of receiving three months
of our Select service for no charge."
Sirius transmits music, sports, entertainment, comedy, talk, news,
traffic and weather channels, as well as infotainment services, in
the United States on a subscription fee basis through its two
proprietary satellite radio systems.
The appellate case is captioned as FRANCIS W. HOOKER, JR., For
himself and on behalf of all similarly situated individuals,
Plaintiff-Appellee v. PATRICK S. SWEENEY, Party-in-Interest-
Appellant; STEVEN F. HELFAND and WILLIAM HEGGER, Parties-in-
Interest; SIRIUS XM RADIO, INC., Defendant; and CAREER HORIZONS,
INC., d/b/a TeleServices Direct, Movant, Case No. 17-1687, in the
United States Court of Appeals for the Fourth Circuit.[BN]
SPRING BRANCH: Faces "Henson-Gibson" Suit Alleging FLSA Violation
-----------------------------------------------------------------
KAREN HENSON-GIBSON, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY
SITUATED, PLAINTIFF v. SPRING BRANCH SNF LLC,
DEFENDANT, Case No. 4:17-cv-01654 (S.D. Tex., June 1, 2017),
alleges that Defendant illegally deducts thirty minutes of lunch
time per day from Plaintiff's time even though Plaintiff
consistently worked through lunch. Additionally, Defendant knew
its nurses, including Plaintiff, would often work off-the-clock
after their shift had ended, but Defendant made no attempt to
compensate its nurses for any of this off-the-clock work. The
case was filed under the provisions of the Fair Labor Standards
Act.
Defendant operates a nursing home in Houston, Texas, known as
Spring Branch Transitional Care Center. Plaintiff was employed by
Defendant as a non-exempt, Licensed Vocational Nurse.[BN]
The Plaintiff is represented by:
Douglas B. Welmaker, Esq.
DUNHAM & JONES, P.C.
1800 Guadalupe Street
Austin, TX 78701
Phone: (512) 777-7777
Fax: (512) 340-4051
E-Mail: doug@dunhamlaw.com
STEAK N SHAKE: Drake Seeks to Certify Class of Missouri Managers
----------------------------------------------------------------
The Plaintiffs in the lawsuit captioned SANDRA DRAKE and RANDY
SMITH, on behalf of themselves and others similarly situated v.
STEAK N SHAKE OPERATIONS, INC. (an Indiana Corporation), Case No.
4:14-cv-01535-JAR (E.D. Mo.), move the Court for an order granting
class certification for:
All persons who worked as Defendant Steak N Shake ("SnS")
Managers at all corporate owned retail restaurants located
in the State of Missouri at any time from September 8, 2012
to the present.
The Plaintiffs also ask the Court to approve their Notice to Class
Members and Opt-out Form, to require the Defendant to produce the
last known mailing address for the class members, to designate
them as Representative Plaintiffs of the Missouri Class, and to
designate Brendan J. Donelon, Esq., and Daniel W. Craig, Esq., of
the law office of Donelon, P.C., as the class attorneys.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=TEigvNXl
The Plaintiffs are represented by:
Brendan J. Donelon, Esq.
DONELON, P.C.
420 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 221-7100
Facsimile: (816) 709-1044
E-mail: brendan@donelonpc.com
- and -
Daniel W. Craig, Esq.
DONELON, P.C.
6614 Clayton Rd., #320
St. Louis, MO 63117
Telephone: (314) 297-8385
Facsimile: (816) 709-1044
E-mail: dan@donelonpc.com
The Defendant is represented by:
Trish Martin, Esq.
Andrew C. Johnson, Esq.
LITTLER MENDELSON, P.C.
One Metropolitan Square
211 North Broadway, Suite 1500
St. Louis, MO 63102
Telephone: (314) 659-2000
Facsimile: (314) 659-2099
E-mail: pmartin@littler.com
anjohnson@littler.com
STEAK N SHAKE: Wants to Decertify FLSA Collective in "Drake" Suit
-----------------------------------------------------------------
Steak N Shake Operations, Inc., moves for decertification of the
conditionally certified Fair Labor Standards Act collective in the
lawsuit entitled SANDRA DRAKE, et al. v. STEAK N SHAKE OPERATIONS,
INC., Case No. 4:14-cv-01535-JAR (E.D. Mo.).
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=kLeKTPL1
Defendant Steak N Shake Operations, Inc., is represented by:
Patricia J. Martin, Esq.
Andrew C. Johnson, Esq.
Michael A. Moffatt, Esq.
LITTLER MENDELSON, P.C.
One Metropolitan Square
211 North Broadway, Suite 1500
St. Louis, MO 63102
Telephone: (314) 659-2000
Facsimile: (314) 659-2099
E-mail: pmartin@littler.com
anjohnson@littler.com
mmoffatt@littler.com
TENNECO INC: Still Faces Suit over Anticompetitive Conduct
----------------------------------------------------------
Tenneco Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2017, for the
quarterly period ended March 31, 2017, that Tenneco and certain of
its competitors are currently defendants in civil putative class
action litigation in the United States. More related lawsuits may
be filed, including in other jurisdictions. Plaintiffs in these
cases generally allege that defendants have engaged in
anticompetitive conduct, in violation of federal and state laws,
relating to the sale of automotive exhaust systems or components
thereof. Plaintiffs seek to recover, on behalf of themselves and
various purported classes of purchasers, injunctive relief,
damages and attorneys' fees.
The Company said, "because we received conditional leniency from
the DOJ, our civil liability in these follow-on actions is limited
to single damages and we will not be jointly and severally liable
with the other defendants, provided that we have satisfied our
obligations under the DOJ leniency agreement and approval is
granted by the presiding court."
Tenneco is one of the world's leading manufacturers of clean air
and ride performance products and systems for light vehicle,
commercial truck and off-highway applications.
TERREBONNE ARC: Certification of Class Sought in "Robinson" Suit
----------------------------------------------------------------
The parties in the lawsuit titled CANDY ROBINSON, on behalf of
herself and all others similarly situated v. TARC aka TERREBONNE
ARC, Case No. 2:17-cv-00041-CJB-JCW (E.D. La.), file with the
Court their joint motion for conditional class certification.
Ms. Robinson and TARC agree to the conditional certification of
this class:
All current and former non-exempt hourly employees of
Defendant who performed work for Defendant in the State of
Louisiana in more than one job capacity at the same time
since May 2014, who worked over 40 hours during at least one
workweek since May 2014, and who were paid by the hour at
different hourly rates of pay for each job performed.
The Parties agree that TARC's agreement to conditional
certification of the Fair Labor Standards Act collective class
does not waive TARC's right to argue that the FLSA collective
class should be decertified and any defenses that it may have to
the substantive claims in the lawsuit.
The Parties also ask the Court to approve the proposed notice and
consent form as agreed to by the Parties. The Parties further ask
that the Court deny Ms. Robinson's pending Motion for Conditional
Certification as moot.
A copy of the Joint Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=fFVAFKrk
The Plaintiff and Opt-In Plaintiffs are represented by:
Jody Forester Jackson, Esq.
Mary Bubbett Jackson, Esq.
JACKSON + JACKSON
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170
Telephone: (504) 599-5953
Facsimile: (888) 988-6499
E-mail: jjackson@jackson-law.net
mjackson@jackson-law.net
The Defendant is represented by:
Michelle I. Anderson, Esq.
Larry J. Sorohan, Esq.
FISHER & PHILLIPS LLP
201 St. Charles Avenue, Suite 3710
New Orleans, LA 70170
Telephone: (504) 522-3303
Facsimile: (504) 529-3850
E-mail: manderson@fisherphillips.com
lsorohan@fisherphillips.com
TRANSGLOBAL SERVICES: Brown, et al. Alleges Misclassification
------------------------------------------------------------
BERNARD BROWN, CEDRIC TAYLOR, JR., TRAVIS MCCULLUM, NICHOLAS SMITH
and STAYCIE HANCOCK, Individually and On Behalf of All
Others Similarly Situated, Plaintiffs, vs. TRANSGLOBAL SERVICES,
LLC, JEFFERY COLWELL, KAVEH BARAKHSHAN and JOHN RATLIFF
Defendants, Case No. 7:17-cv-00108 (W.D. Tex., June 1, 2017),
alleges that Defendants misclassified Plaintiffs and their other
workers as independent contractors to avoid paying employment
taxes, workers' compensation insurance, benefits and overtime.
During their time with Defendants, notes the complaint, Plaintiffs
typically worked at least 12-15 hours per day, at least six days
per week. Plaintiffs and other workers for Defendants were paid on
an hourly basis, and were paid the same hourly rate for each hour
worked, and thus never received overtime pay.
Plaintiffs, on behalf of themselves and all others similarly
situated, bring this collective action to recover overtime
compensation and all other available remedies under the Fair Labor
Standards Act.
TRANSGLOBAL SERVICES, LLC is a full service field service provider
in the energy industry. Plaintiffs were hired by Transglobal as
independent contractors.[BN]
The Plaintiffs are represented by:
Josh Borsellino, Esq.
BORSELLINO, P.C.
1020 Macon St., Suite 15
Fort Worth, TX 76102
Phone: (817) 908-9861
Fax: (817) 394-2412
Email: josh@dfwcounsel.com
TRG CUSTOMER: "Myers" Wants Compensation for Off-the-Clock Work
---------------------------------------------------------------
Mylee Myers, on behalf of herself and all others similarly
situated, Plaintiff, v. TRG Customer Solutions, Inc. (d/b/a IBEX
Global Solutions), Defendant, Case No. 1:17-cv-00052, (M.D. Tenn.,
June 1, 2017), seeks all unpaid and underpaid wages, prejudgment
interest, liquidated damages, litigation costs, expenses and
attorneys' fees and such other and further relief under the Fair
Labor Standards Act.
TRG Customer Solutions, Inc. operates as IBEX Global Solutions,
operating more than 20 call centers across at least seven
countries, including the United States where Myers worked as a
service representative at their Pittsburgh, Pennsylvania call
center. Myers claims compensation for off-the-clock work
activities without pay, and unpaid meal breaks. [BN]
Plaintiff is represented by:
David W. Garrison, Esq.
Scott P. Tift, Esq.
Seth M. Hyatt, Esq.
Joshua A. Frank, Esq.
BARRETT JOHNSTON MARTIN &GARRISON, LLC
Bank of America Plaza
414 Union Street, Suite 900
Nashville, TN 37219
Telephone: (615) 244-2202
Facsimile: (615) 252-3798
Email: dgarrison@barrettjohnston.com
stift@barrettjohnston.com
jfrank@barrettjohnston.com
shyatt@barrettjohnston.coM
- and -
Charles P. Yezbak, III, Esq.
YEZBAK LAW OFFICES
2002 Richard Jones Road, Suite B-200
Nashville, TN 37215
Tel: (615) 250-2000
Fax: (615) 250-2020
Email: yezbak@yezbaklaw.com
- and -
John L. Mays, Esq.
MAYS & KERR LLC
235 Peachtree Street NE
North Tower, Suite 202
Atlanta, GA 30303
Telephone: (404) 410-7998
Facsimile: (404) 855-4066
Email: john@maysandkerr.com
UMPQUA HOLDINGS: Class Action Appeal Underway
---------------------------------------------
Umpqua Holdings Corporation said in its Form 10-Q Report filed
with the Securities and Exchange Commission on May 5, 2017, for
the quarterly period ended March 31, 2017, that an appeal in a
class action lawsuit remains pending.
The Company assumed, as successor-in-interest to Sterling, the
defense of litigation matters pending against Sterling. Sterling
previously reported that on December 11, 2009, a putative
securities class action complaint captioned City of Roseville
Employees' Retirement System v. Sterling Financial Corp., et al.,
No. CV 09-00368-EFS, was filed in the United States District Court
for the Eastern District of Washington against Sterling and
certain of its current and former officers.
On June 18, 2010, lead plaintiff filed a consolidated complaint
alleging that the defendants violated sections 10(b) and 20(a) of
the Securities Exchange Act of 1934 and SEC Rule 10b-5 by making
false and misleading statements concerning Sterling's business and
financial results. Plaintiffs sought unspecified damages and
attorneys' fees and costs.
On August 30, 2010, Sterling moved to dismiss the Complaint, and
the court granted the motion to dismiss without prejudice on
August 5, 2013. On October 11, 2013, the lead plaintiff filed an
amended consolidated complaint with the same defendants, class
period, alleged violations, and relief sought.
On January 24, 2014, Sterling moved to dismiss the amended
consolidated complaint, and on September 17, 2014, the court
entered an order dismissing the amended consolidated complaint in
its entirety with no further leave to amend.
On October 24, 2014, plaintiffs filed a Notice of Appeal to the
U.S. Court of Appeals for the Ninth Circuit from the district
court's order granting the motion to dismiss the amended
consolidated complaint. Appellant filed its opening brief on April
3, 2015 and the Company filed its reply brief on June 17, 2015;
additional appellate briefing was filed in the third quarter 2015.
The appellate court was scheduled to hold a hearing on May 10,
2017.
Umpqua Holdings Corporation, an Oregon corporation, is a financial
holding company with two principal operating subsidiaries, Umpqua
Bank and Umpqua Investments, Inc.
VEECO INSTRUMENTS: Faces Class Suit by Ultratech Shareholders
-------------------------------------------------------------
Veeco Instruments Inc. is facing class action lawsuits by
Ultratech shareholders, Veeco said in its Form 10-Q Report filed
with the Securities and Exchange Commission on May 5, 2017, for
the quarterly period ended March 31, 2017.
On March 17, 2017, an Ultratech shareholder filed a purported
class action complaint in the U.S. District Court for the Northern
District of California, captioned The Vladimir Gusinsky Rev. Trust
v. Ultratech, Inc., et al., Case No. 4:17-cv-01468-PJH, on behalf
of itself and all other Ultratech shareholders against Ultratech,
its directors at the time the acquisition was announced, Veeco,
and Merger Sub. The complaint alleges, among other things, that
in connection with Veeco's proposed acquisition of Ultratech, the
defendants purportedly agreed to a supposedly inadequate price for
the Ultratech shares, agreed to unreasonable deal-protection
measures, and potentially engaged in supposed self-dealing. The
complaint seeks to recover under Sections 14(a) and 20(a) of the
Securities Exchange Act of 1934 for alleged misstatements and
omissions in the preliminary proxy statement filed on March 13,
2017. The complaint seeks declaratory and injunctive relief,
including enjoining or rescinding the transaction and rescissory
damages to the extent already implemented, an order directing the
dissemination of a proxy statement that is not false or
misleading, and an award of attorneys' and experts' fees.
On March 22, 2017, two other Ultratech shareholders filed a
purported class action complaint in the U.S. District Court for
the Northern District of California, captioned De Letter et al. v.
Ultratech, Inc., et al., Case No. 3:17-cv-01542-WHA, on behalf of
themselves and all other Ultratech shareholders against Ultratech
and its directors at the time the acquisition was announced. The
complaint alleges, among other things, that in connection with
Veeco's proposed acquisition of Ultratech, the defendants
purportedly agreed to a supposedly inadequate price for the
Ultratech shares and potentially engaged in supposed self-dealing.
The complaint further alleges that the sale process was flawed and
tainted by the self-interest of certain directors. The complaint
seeks to recover under Sections 14(a) and 20(a) of the Securities
Exchange Act of 1934 for alleged misstatements and omissions in
the preliminary proxy statement filed on March 13, 2017. The
complaint seeks injunctive relief, including enjoining or
rescinding the transaction and rescissory damages to the extent
already implemented, compensatory damages, and an award of
attorneys' and experts' fees.
The defendants have not yet responded to either complaint. While
it is too early to predict the outcome of litigation or a
reasonable range of potential losses, Veeco believes these
lawsuits are without merit. Additional lawsuits arising out of or
relating to the merger agreement or the merger may be filed in the
future.
Veeco designs, manufactures, and markets thin film process
equipment aligned to meet the demands of key global trends such as
energy conservation, mobility, and connectivity. Its equipment is
primarily used to make components for electronic devices including
LEDs, displays, power electronics, wireless devices, smartphones,
sensors, MEMS, and HDDs.
WELCH FOODS: "Hall" Class Suit Removed to New Jersey Dist.
----------------------------------------------------------
The class action lawsuit captioned Lauren Hall, on behalf of
herself and others similarly situated v. Welch Foods, Inc. and The
Promotion in Motion Companies, Inc., Case No. L-1334-17, filed on
April 5, 2017 was removed from the Superior Court of
the State of New Jersey, Monmouth County to the U.S. District
Court for the District of New Jersey on June 5, 2017. The District
Court Clerk assigned Case No. 2:17-cv-03997 to the proceeding.
The Complaint alleges that Defendants are liable to Plaintiff and
the putative class for allegedly violating the New Jersey Consumer
Fraud Act, violating the New Jersey Truth-in-Consumer Contract,
Warranty and Notice Act, and for breach of express warranty,
breach of implied warranty of merchantability, common law fraud,
unjust enrichment, and injunctive and declaratory relief.
Welch Foods, Inc. processes and produces grape-based products that
include juices, jams, jellies, and spreads.
The Promotion in Motion Companies, Inc. manufactures and markets
confections, fruit snacks, fruit rolls, and snack foods in the
United States. [BN]
The Defendant is represented by:
Ronald J. Levine, Esq.
HERRICK, FEINSTEIN LLP
One Gateway Center
Newark, NJ 07102
Telephone: (973) 274-2001
Facsimile: (973) 274-6404
E-mail: rlevine@herrick.com
- and -
Daniel S. Silverman, Esq.
Matthew W. Gurvitz, Esq.
VENABLE LLP
2049 Century Park East, Suite 2300
Los Angeles, CA 90067
Telephone: (310) 229-9900
Facsimile: (310) 229-9901
E-mail: dsilverman@venable.com
mgurvitz@venable.com
WGL HOLDINGS: Still Defends Suit over Apartment Fire
----------------------------------------------------
WGL Holdings, Inc. and Washington Gas Light Company said in their
Form 10-Q Report filed with the Securities and Exchange Commission
on May 5, 2017, for the quarterly period ended March 31, 2017,
that the Company still defends a class action lawsuit related to
the Silver Spring, Maryland incident.
Washington Gas continues to support the investigation by the NTSB
into the August 10, 2016 explosion and fire at an apartment
complex on Arliss Street in Silver Spring, Maryland, the cause of
which has not been determined. Additional information will be
made available by the NTSB at the appropriate time.
On November 2, 2016, two civil actions were filed in the District
of Columbia Superior Court against WGL Holdings and Washington Gas
(as well as a property management company that is not affiliated
with WGL Holdings or Washington Gas), by residents of the
apartment complex.
In one lawsuit, twenty-nine plaintiffs seek unspecified damages
for, among others, wrongful death and personal injury. The other
action is a class action suit seeking total damages stated to be
less than $5 million for, among others, property damage and
various counts relating to the loss of the use of the premises.
Both actions allege causes of action for negligence, product
liability, and declaratory relief.
Thirty-one civil actions have been filed in the Circuit Court for
Montgomery County, Maryland seeking unspecified damages for
personal injury and property damage.
The Company said, "We maintain excess liability insurance coverage
from highly-rated insurers, subject to a nominal self-insured
retention. We believe that this coverage will be sufficient to
cover any significant liability to it that may result from this
incident. Management is unable to determine a range of potential
losses that are reasonably possible of occurring and therefore we
have not recorded a reserve associated with this incident.
Washington Gas was invited by the NTSB to be a party to the
investigation and in that capacity continues to work closely with
the NTSB to help determine the cause of this incident."
WGL, through its subsidiaries, sells and delivers natural gas and
provides a variety of energy-related products and services to
customers primarily in the District of Columbia and the
surrounding metropolitan areas in Maryland and Virginia.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Marion
Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala,
Joy A. Agravantefor, Valerie Udtuhan, Julie Anne L. Toledo,
Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2017. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000 or Joseph Cardillo at 856-381-
8268.
* * * End of Transmission * * *