/raid1/www/Hosts/bankrupt/CAR_Public/170720.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, July 20, 2017, Vol. 19, No. 142
Headlines
4477 MONROE: "Paul" Suit Alleges FLSA, Ohio Wage Law Violations
AKORN INC: "House" Suit Over Fresenius Merger Sent to N.D. Ill.
AKORN INC: Faces "Alcarez" Suit Over Sale to Fresenius Kabi
ALL-PRO ENTERPRISES: Merida Seeks Unpaid Wages under Labor Code
ALLTRAN FINANCIAL: Faces "Stephens" Suit in N.D. Georgia
BOGOPA MADISON: "Gomez" Suit Seeks Unpaid OT Wages under FLSA
BROOKLYN HOSPITAL: Kiler Sues over Discrimination to Blind People
BURLINGTON STORES: Faces "Anderson" Class Suit in New Jersey
CARE CAPITAL: "Vineyard" Suit Seeks to Enjoin Sabra Health Merger
CARE CAPITAL: Faces "Parrish" Suit Over Sale to Sabra Health
CARRIAGE CEMENTARY: "Muschold" Suit Sues over Unpaid Money
CARSON SMITHFIELD: Faces "Ahmed" Suit in E.D. New York
CENTURYLINK INC: Faces "Allison" Suit in District of Arizona
CHARTER COMMUNICATIONS: Sued by Gallion Over Violations of TCPA
CITY PRACTICE: Faces "Matzura" Suit in Southern Dist. of New York
COCA-COLA COMPANY: Faces "Naseri" Suit in E.D. New York
COLISEUM INC: Fails to Pay Exotic Dancers' Minimum Wage, Suit Says
CONTINENTAL SERVICE: Faces "Dafner" Suit in E.D. New York
CONTRACT SWEEPERS: "Steffen" Suit Seeks Overtime Wages under FLSA
CONVERGENT OUTSOURCING: Faces "Brown" Suit in D. New Jersey
CONVERGENT OUTSOURCING: Faces "Levin" Suit in E.D. New York
COUNTRY CLUB: Faces "Pittius" Lawsuit Under FLSA, NJ Wage Law
COVERALL NORTH: Sued in Georgia for Misclassifying Employees
CREDIT SUISSE: Faces Alpari Suit in Southern Dist. of New York
DIGITALGLOBE: Faces "Zand" Suit Over Proposed Sale to MacDonald
DIVERSIFIED ADJUSTMENT: Faces "Langsam" Suit in E.D. New York
DOLGENCORP LLC: Hubbard, et al.'s Suit Transferred to W.D. Tenn.
DOUGLAS ELLIMAN: Faces "Matzura" Suit in S.D. New York
DRAMATICS FOR HAIR: Faces "Matzura" Suit in S.D. New York
FAMILY MOTORS: Faces "Crary" Suit in Connecticut Superior Court
FIRSTSOURCE ADVANTAGE: Faces "Heller" Suit in E.D. New York
FRED'S STORES: "Wallace" Suit Moved to Northern Dist. of Georgia
FRESH NATURAL: Faces "Suarez" Suit in Southern Dist. of New York
FRITO-LAY: "Allred" Suit Moved to Southern Dist. of California
GALLAGHER'S FAMOUS: Faces "Hennessy" Suit in S.D. New York
GAP INC: Hardigree Seeks to End Sending of Unwanted Promo Texts
GC SERVICES: Faces "Ahmed" Suit in Eastern District of New York
GENERAL MOTORS: Faces "Gaines" Suit in S.D. California
HALSTEAD PROPERTY: Faces "Matzura" Suit in S.D. New York
HILL COUNTRY NY: Faces "Matzura" Suit over Disabilities Act
HOME DEPOT: Faces "Rivera" Suit in District of Connecticut
HYPRO INC: Sued in Wis. Over Failure to Properly Pay Workers
IMPAX LABORATORIES: Medicine To Go's Suit Sent to S.D. Ala.
ISHITANI CORPORATION: Sued by Hiyadi for Not Paying Proper OT
JBS SA: Misrepresents Business Operations, GWI Enterprise Alleges
LINCOLN PROPERTY: Violates Landlord & Tenant Ordinance, Suit Says
M3 USA: Faces Comprehensive Health Suit in Colorado
MACY'S RETAIL: Falsely Marketed Beddings & Linens, Suit Claims
MANASSEH JORDAN: Molitor Opposes Bid to Quash, Protection Order
MANGOES CAFE: Fails to Pay Employees' Social Security, Suit Says
MANHATTAN RIVER: Faces "Rodriguez" Suit in S.D. New York
MAPCO EXPRESS: Faces "Blair" Suit in Western Dist. of Tennessee
MASQUERADE OF SOUTHWEST: Faces "Malcom" Suit Under FLSA, FMWA
MATTEL INC: Sued in California Over Misleading Company Report
MATTEL INC: Faces "Lathe" Suit Over False, Misleading Statements
MCLEAN MORTGAGE: Faces "Van Dyke" Suit in E.D. Virginia
MIDDLETOWN, NY: Faces "Budin" Suit in New York Supreme Court
MILK BAR: Faces "Matzura" Suit in Southern Dist. of New York
MONAVIE INC: Faces "Harbut" Suit in District of Utah
MONITECH INC: "Cottle" Suit Sues over Ignition Interlock Device
MOON VALLEY: Lopez Seeks OT & Minimum Wages under Labor Code
NATIONWIDE LIFE: Faces "Schmitt" Suit Over Unreasonable Fees
NEANY INC: Accused by "Davis" Suit of Not Paying Earned Wages, OT
NEW TELECOM: "Lin" Suit Alleges Violations of FLSA, NY Labor Law
NORDSTROM INC: Faces "Matzura" Suit in S.D. New York
NOW HEALTH: Faces "Yee" Suit in Eastern District of New York
PARDO'S GRILL: "Albero" Suit Seeks to Recover Unpaid Overtime
PARK IT: "Rodriguez" Suit Seeks Unpaid OT under FLSA
PAYWARD INC: Faces "Clark" Suit in Middle District of Florida
PHOENIX FINANCIAL: Faces "Tropp" Suit in E.D. New York
PLAIN GREEN: Faces "Gibbs" Suit in Eastern District of Virginia
PLAN BENEFIT SERVICES: Accused by Chavez Suit of Violating ERISA
PORTFOLIO RECOVERY: Faces "Emerson" Suit Over Violations of FDCPA
PORTFOLIO RECOVERY: Faces "Zaynullina" Suit in E.D. New York
PROMINIS MEDICAL: Kiler Sues over Discrimination to Blind People
PUR PAC: "Zhang" Suit Seeks Unpaid Wages & Overtime under FLSA
PURE STORAGE: Fails to Pay Proper Overtime, "Harsaghy" Suit Says
PURCHASING POWER: "Matthews" Suit Moved to District of Maryland
QUALITY RECOVERY: "Smith" Suit Moved to Western Dist. of Oklahoma
QUALITY RECOVERY: Faces "Higgins" Suit in N.D. Georgia
REGIS CORPORATION: Faces "Matzura" Suit in S.D. New York
RICARDO LLC: "Quiros" Suit Seeks to Recover Unpaid Wages
RICHELLE C. LESTER: Faces "Harris" Suit in E.D. Michigan
SAFETY INSURANCE: Faces "McGilloway" Class Suit in Massachusetts
SELIP & STYLIANOU: Faces "Sompolinsky" Suit in E.D. New York
SERVICOM LLC: Fails to Properly Pay CS Reps, "Langdon" Suit Says
SINGH FARM: Faces "Sajvin" Suit in Eastern Dist. of New York
SINOVAC BIOTECH: Faces "Luo" Suit over Federal Securities Laws
SNG LAUNDROMAT: Fails to Pay Workers' Social Security, Suit Says
STANARD PARKING: Ortiz Seeks Unpaid Minimum Wage under Labor Code
TAVAERO JET: "Rodriguez" Suit Seeks to Recover Unpaid Wages
TRIVIDIA HEALTHCARE: ARcare Suit Moved to S.D. Florida
VACATIONS TO GO: Misclassifies Travel Agents, "Brown" Suit Claims
VOYA RETIREMENT: "Swenson" Suit Transferred to S.D.N.Y.
WABA GRILL: "Alvarez" Suit Seeks Overtime Wages under Labor Code
WELTMAN & WEINBERG: "Orlando" Suit Moved to E.D. New York
WEST CORP: Faces "Wilson" Class Suit Over Proposed Apollo Merger
WEST OF CHICAGO: Faces "Novak" Suit in Cal. Superior Court
WESTSIDE MEDICAL: Kiler Sues over Discrimination to Blind People
WM. WRIGLEY: "Martin" Suit Moved to Western District of Missouri
XACTLY CORP: "DePalo" Suit Challenges Merger With Vista Equity
*********
4477 MONROE: "Paul" Suit Alleges FLSA, Ohio Wage Law Violations
---------------------------------------------------------------
GLORIA PAUL and STEPHANIE BECKER, individually and on behalf of
all other similarly situated individuals, Plaintiffs, vs. 4477
MONROE STREET, LLC d/b/a CHUCK'S ON MONROE c/o Beau Harvey,
Statutory Agent (8130 Timothy Lane, Sylvania, Ohio 43560) AND
WALTER SMARSZCZ (274 Majestic Drive, Toledo, Ohio 43608)
Defendants, Case No. 3:17-cv-01415 (N.D. Ohio, July 6, 2017),
alleges that Defendants refused to pay Plaintiffs and the putative
class member the minimum hourly wage required by federal and state
law. Defendants additionally refused to pay Plaintiffs and the
putative class members the legally required overtime premium.
The case alleges violation of the Fair Labor Standards Act as well
as the applicable wage and hour laws and regulations set forth in
Ohio Revised Code.
Defendants operate a bar/restaurant called "Chuck's" and commonly
referred to as "Chuck's on Monroe" located on Monroe Street in
Toledo, Ohio. Plaintiff is employed as a bartender.[BN]
The Plaintiff is represented by:
John D. Franklin, Esq.
Kera L. Paoff, Esq.
WIDMAN & FRANKLIN, LLC
405 Madison Ave., Suite 1550
Toledo, OH 43604
Phone: (419) 243-9005
Fax: (419) 243-9404
E-mail: John@wflawfirm.com
Kera@wflawfirm.com
AKORN INC: "House" Suit Over Fresenius Merger Sent to N.D. Ill.
---------------------------------------------------------------
The case captioned SHAUN A. HOUSE, 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, and
ALAN WEINSTEIN, Defendants (originally Case Number 3:17-cv-00367,
M.D. La., June 12, 2017) was transferred from the U.S. District
Court for the Middle District of Louisiana to the U.S. District
Court for the Northern District of Illinois and assigned Case
Number 1:17-cv-05018, according to a case docket dated July 7,
2017.
The case is a securities suit in connection with the proposed
merger between Akorn, Fresenius Kabi AG, and Quercus Acquisition,
Inc. Pursuant to the merger, the Company's shareholders stand to
receive $34.00 in cash for each share of Akorn common stock they
own.
Allegedly, the Board authorized the filing of a materially
incomplete and misleading Proxy Statement in relation to the
transaction. In particular, the Proxy contains materially
incomplete and misleading information concerning: (i) financial
projections for the Company; (ii) the valuation analyses performed
by the Company's financial advisor, J.P. Morgan Securities LLC, in
support of its fairness opinion; and (iii) potential conflicts of
interest J.P. Morgan faced as a result of its prior dealings with
parties on both sides of the merger.
Akorn, Inc. is a pharmaceutical company that develops,
manufactures, and markets generic and branded prescription
pharmaceuticals and over-the-counter consumer and animal health
products.[BN]
The Plaintiff is represented by:
Lewis Kahn, Esq.
KAHN SWICK & FOTI, LLC
206 Covington Street
Madisonville, LA 70447
Phone: (504) 455-1400
Fax: (504) 455-1498
- and -
Juan E. Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Avenue, Suite 4405
New York, NY 10118
Phone: 212 971 1341
Fax: (212) 202-7880
E-mail: jmonteverde@monteverdelaw.com
Defendants are represented by:
Robert B. Bieck, Jr., Esq.
JONES WALKER LLP
201 St. Charles Ave.
49th Floor
New Orleans, LA 70170
Phone: (504) 582-8202
E-mail: rbieck@joneswalker.com
- and -
Alexander Breckinridge, V, Esq.
JONES WALKER LLP
201 St. Charles Avenue
49th Fl.
New Orleans, LA 70170
Phone: (504) 582-8138
E-mail: abreckinridge@joneswalker.com
- and -
Anthony C. Porcelli, Esq.
POLSINELLI PC
150 N. Riverside Plaza, Suite 3000
Chicago, IL 60606
Phone: (312) 873-3629
E-mail: aporcelli@polsinelli.com
- and -
Robert H. Baron, Esq.
CRAVATH, SWAINE & MOORE LLP
825 Eighth Avenue
New York, NY 10019
Phone: (212) 474-1000
E-mail: rbaron@cravath.com
- and -
Sohil M. Shah, Esq.
POLSINELLI, PC
150 N. Riverside Plaza, Suite 3000
Chicago, IL 60606
Phone: (312) 463-6319
E-mail: sshah@polsinelli.com
AKORN INC: Faces "Alcarez" Suit Over Sale to Fresenius Kabi
-----------------------------------------------------------
JORGE ALCAREZ, individually and on behalf of all others similarly
situated, Plaintiff, v. AKORN, INC., KENNETH S. ABRAMOWITZ,
ADRIENNE L. GRAVES, RONALD M. JOHNSON, JOHN N. KAPOOR, STEVEN J.
MEYER, TERRY A. RAPPUHN, BRIAN TAMBI, and ALAN WEINSTEIN
Defendants, Case No. 1:17-cv-05017 (M.D. La., June 7, 2017),
alleges that Defendants issued materially deficient and misleading
preliminary proxy statement on a Schedule 14A in relation to an
attempt to sell the Company to Fresenius Kabi AG.
The case avers that the proxy statement is materially deficient
and misleading because, inter alia, it fails to disclose material
information regarding the Company's financial projections; GAAP
reconciliation of the non-GAAP financial measures contained in the
Company's projections, which were prepared by Company management
and relied upon by J.P. Morgan Securities LLC, the Company's
financial advisor; the financial analysis performed by J.P. Morgan
to support its opinion on the fairness of the Proposed Transaction
and the background of the Proposed Transaction.
The Proposed Transaction has a total transaction value of
approximately $4.3 billion and is expected to close by early 2018.
Akorn, Inc. is a pharmaceutical company that develops,
manufactures, and markets generic and branded prescription
pharmaceuticals and over-the-counter consumer and animal health
products.[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 -
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
ALL-PRO ENTERPRISES: Merida Seeks Unpaid Wages under Labor Code
---------------------------------------------------------------
LEONEL MERIDA, individually and on behalf of all others similarly
situated, the Plaintiff, v. ALL-PRO ENTERPRISES, INC., a
California non-profit corporation; and DOES 1 through 50,
inclusive, the Defendant, Case No. BC667384 (Cal. Super. Ct., July
3, 2017), seeks to recover unpaid minimum wage and overtime under
the California Labor Code.
According to the complaint, the Defendant consistently required
Plaintiff and Plaintiff class to perform services past their
scheduled 8 hours of work, however, Plaintiff and Plaintiff were
not compensated for hours worked in excess of 8 hours per day or
40 hours per week.
All-Pro is a general contractor and janitorial cleaning
company.[BN]
The Plaintiff is represented by:
Kebin Mahoney, Esq.
Derek R. Guizado, Esq.
Keren B. Serrano, Esq.
MAHONEY LAW GROUP, APC
249 E. Ocean Blvd., Ste 814
Long Beach, CA 90802
Telephone: (562) 590 5550
Facsimile: (562) 590 8400
E-mail: kmahoney@mahoney-law.net
dguizado@mahoney-law.net
kserrano@mahoney-law.net
ALLTRAN FINANCIAL: Faces "Stephens" Suit in N.D. Georgia
--------------------------------------------------------
A class action lawsuit has been filed against Alltran Financial,
LP. The case is captioned as Monica Stephens, on behalf of herself
and others similarly situated, the Plaintiff, v. Alltran
Financial, LP, the Defendant, Case No. 1:17-cv-02566-ODE-JKL (N.D.
Ga., July 10, 2017). The case is assigned to the Hon. Judge Orinda
D. Evans.
Alltran Financial is a debt collector.[BN]
The Plaintiff is represented by:
Aaron D. Radbil, Esq.
GREENWALD DAVIDSON & RADBIL, PLLC
106 East Sixth Street, Suite 913
Austin, TX 78701
Telephone: (512) 322 3912
Facsimile: (561) 961 5684
E-mail: aradbil@gdrlawfirm.com
- and -
Shireen Hormozdi, Esq.
HORMOZDI LAW FIRM, LLC
1770 Indian Trail Lilburn Road, Suite 175
Norcross, GA 30093
Telephone: (678) 395 7795
Facsimile: (866) 929 2434
E-mail: shireen@norcrosslawfirm.com
BOGOPA MADISON: "Gomez" Suit Seeks Unpaid OT Wages under FLSA
-------------------------------------------------------------
IGNACIO GOMEZ, individually and on behalf of others similarly
situated, the Plaintiff, v. BOGOPA MADISON LLC. (d/b/a FINE FARE
SUPERMARKET, TONY CORONA (a.k.a. LUIS CORONA), and RODOLFO FUENTES
(a.k.a. RODOLFO FUERTES), the Defendants, Case No. 1:17-cv-05006
(S.D.N.Y., July 3, 2017), seeks to recover unpaid overtime wages
pursuant to the Fair Labor Standards Act of 1938 and the New York
Labor Law.
According to the complaint, the Plaintiff worked for Defendants in
excess of 40 hours per week, without receiving the appropriate
overtime compensation for the hours over 40 per week that he
worked. Rather, the Defendants failed to maintain accurate
recordkeeping of his hours worked and failed to pay him
appropriately for any hours worked over 40, either at the straight
rate of pay or for any additional overtime premium.
Fine Fare is a supermarket owned by Tony Corona and Rodolfo
Fuentes located at 1718 Madison Ave, New York, NY 10029.[BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317 1200
BROOKLYN HOSPITAL: Kiler Sues over Discrimination to Blind People
-----------------------------------------------------------------
MARION KILER, on behalf of herself and all others similarly
situated, the Plaintiff, v. THE BROOKLYN HOSPITAL CENTER, the
Defendant, Case No. 513380/2017 (N.Y. Sup. Ct., July 11, 2017),
seeks to put an end to systemic civil rights violations allegedly
committed by the Defendant against the blind in New York State.
According to the complaint, the Defendant is denying blind
individuals throughout New York State equal access to the goods
and services TBH provides to their non-disabled customers through
http://www.Tbh.org/ Tbh.org provides to the public a wide array
of the goods, services, testimonials, and other programs offered
by the TBH. Yet, Tbh.org contains numerous access barriers that
make it difficult if not impossible for blind customers to use the
website. In fact, the access barriers make it impossible for blind
users to even complete or make an appointment on the website. TBH
thus excludes the blind from the full and equal participation in
the growing Internet economy that is increasingly a fundamental
part of the common marketplace and daily living.
The Plaintiff is a blind individual. She brings this civil rights
class action against Defendant for failing to design, construct,
and/or own or operate a website that is fully accessible to, and
independently usable by, blind people.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Telephone: (212) 465 1180
Facsimile: (212) 465 1181
BURLINGTON STORES: Faces "Anderson" Class Suit in New Jersey
------------------------------------------------------------
HENRY and CATHERINE ANDERSON, on behalf of themselves and all
others similarly situated v. BURLINGTON COAT FACTORY OF NEW
JERSEY, LLC, and BURLINGTON STORES, INC., each doing business as
"Burlington Coat Factory," Case No. CAM-L-2582-17 (N.J. Super.
Ct., Camden Cty., June 26, 2017), is brought on behalf of a
proposed class of New Jersey citizens, who made in-store purchases
of consumer goods at Burlington Coat Factory stores located in New
Jersey, who are the victims of the alleged unlawful policies
involving the use of deceptive and misleading sales practices in
the sale of consumer goods.
Burlington Coat Factory of New Jersey, LLC, is a New Jersey
citizen with its headquarters and primary offices located in
Burlington, New Jersey. Burlington Stores, Inc., is a New Jersey
citizen with its headquarters and primary offices located in
Burlington. The Defendants have a parent-subsidiary relationship
and at all times during the relevant class period, both Defendants
together jointly owned and operated the 28 Burlington Coat Factory
stores in New Jersey.[BN]
The Plaintiffs are represented by:
Stephen P. DeNittis, Esq.
Joseph A. Osefchen, Esq.
Shane T. Prince, Esq.
DENITTIS OSEFCHEN PRINCE, P.C.
5 Greentree Centre
525 Route 73 North, Suite 410
Marlton, NJ 08053
Telephone: (856) 797-9951
Facsimile: (856) 797-9978
E-mail: sdenittis@denittislaw.com
josefchen@denittislaw.com
sprince@denittislaw.com
CARE CAPITAL: "Vineyard" Suit Seeks to Enjoin Sabra Health Merger
-----------------------------------------------------------------
COREY VINEYARD, Individually And On Behalf Of All Others Similarly
Situated, the Plaintiff, v. CARE CAPITAL PROPERTIES, INC., DOUGLAS
CROCKER II, RONALD G. JURY DEMAND GEARY, JOHN S. GATES, JR., JOHN
L. WORKMAN, DALE ANNE REISS, JEFFREY
A. MALEHORN, and RAYMOND J. LEWIS, the Defendants, Case No.
1:17-cv-00878-UNA (D. Del., July 3, 2017), seeks to enjoin
Defendants from proceeding with shareholder vote on a Proposed
Merger, or, in the event the Proposed Merger is consummated, to
recover damages resulting from the Defendants' violations of the
Exchange Act.
On May 7, 2017, CCP and Sabra jointly announced that they had
reached a definitive Agreement and Plan of Merger under which each
outstanding share of CCP common stock will be exchanged for 1.123
common shares of Sabra. The Merger Consideration has an implied
value of $29.96 per share based on Sabra's closing price on May 5,
2017. Defendants have violated the Securities Exchange Act by
causing a materially incomplete and misleading Form S-4
Registration Statement. Through the S-4, the Board recommends
that CCP shareholders vote in favor of approving the Proposed
Merger at the tentative shareholder special meeting, and agree to
exchange their shares pursuant to the terms of the Merger
Agreement based on, among other things, the factors examined by
the Board to make its recommendation and the opinions rendered by
the Company's financial advisors, Merrill Lynch, Pierce, Fenner &
Smith Incorporated and Barclays Capital Inc.
According to the complaint, the Merger Consideration and the
process by which Defendants agreed to consummate the Proposed
Merger are fundamentally unfair to CCP's public shareholders. For
instance, the implied value of the Proposed Merger is only $29.96
per share, representing a 5.07% discount to the Company's 52-Week
high of $31.56 per share. To ensure the success of the Proposed
Merger, the Board issued the S-4, which fails to provide
shareholders with all material information necessary for them to
assess the fairness of the Merger Consideration. In particular,
the S-4 fails to disclose: (1) certain material projections for
CCP, including a reconciliation of the non-GAAP (generally
accepted accounting principles) projections to the most directly
comparable GAAP measures and the line items used to calculate the
non-GAAP measures, and (2) a fair summary of the financial
analyses performed by BofA Merrill Lynch and Barclays.
Care Capital is a healthcare real estate investment trust with a
diversified portfolio of triple-net leased properties.[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
- and -
Michael Van Gorder, Esq.
FARUQI & FARUQI, LLP
20 Montchanin Road, Suite 145
Wilmington, DE 19807
Telephone: (302) 482 3182
E-mail: mvangorder@faruqilaw.com
CARE CAPITAL: Faces "Parrish" Suit Over Sale to Sabra Health
------------------------------------------------------------
GLENN PARRISH, On Behalf of Himself and All Others Similarly
Situated, Plaintiff, v. CARE CAPITAL PROPERTIES, INC., RAYMOND J.
LEWIS, DOUGLAS CROCKER II, JOHN S. GATES, JR., RONALD G. GEARY,
JEFFREY A. MALEHORN, DALE A. REISS, and JOHN L. WORKMAN,
Defendants, Case No. 1:17-cv-00909-UNA (D. Del., July 6, 2017),
alleges that Defendants violated the U.S. Securities and Exchange
Act by issuing a Registration Statement on Form S-4 that omits or
misrepresents material information concerning a proposed
transaction, pursuant to which Care Capital will be acquired by
Sabra Health Care REIT, Inc., through its wholly-owned subsidiary,
PR Sub, LLC, Sabra Health Care Limited Partnership, and Care
Capital Properties, LP.
The Proposed Transaction is valued at approximately $4.3 billion.
The Registration Statement, which recommends that Care Capital
stockholders vote in favor of the Proposed Transaction, omits or
misrepresents material information concerning, among other things:
(i) Care Capital management's projections, including the
projections utilized by the Company's financial advisors, Merrill
Lynch, Pierce, Fenner & Smith Incorporated and Barclays Capital
Inc. in their financial analyses; (ii) the valuation analyses
prepared by BofA Merrill Lynch and Barclays in connection with the
rendering of their fairness opinions; (iii) conflicts of interest
of the Company's financial advisors; and (iv) the background
process leading up to the Proposed Transaction.
Care Capital is a self-administered, self-managed REIT with a
diversified portfolio of skilled nursing facilities and other
healthcare assets operated by private regional and local care
providers.[BN]
The Plaintiff is represented by:
Brian D. Long, Esq.
Gina M. Serra, Esq.
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Tel: (302) 295-5310
Fax: (302) 654-7530
E-mail: bdl@rl-legal.com
E-mail: gms@rl-legal.com
- 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
CARRIAGE CEMENTARY: "Muschold" Suit Sues over Unpaid Money
----------------------------------------------------------
WILLIA MUSCHOLD, JOSE, CASENO ALAMENDAREZ, TIANA NAPLES, and TON
SAECHAO, each individually and on behalf of others similarly
situated, the Plaintiffs, v. CARRIAGE CEMETARY SERVICES OF
CALIFORNIA, INC., a CALIFQRNTA Corporation; CARRIAGE FUNERAL
SERVICES OF CALIFORNTA, INC., a California Corporation, and
Does 1 through 5 0, inclusive, the Defendants, Case No. RG17866255
(Cal. Super. Ct., July 3, 2017), seeks to recover money plus
interest, penalties, and attorney's fees and costs as a result of
the unlawful acts of Defendants under the California Labor Code.
According to the complaint, the Defendants have failed to
reimburse Plaintiffs that were required to use their personal
property as necessary part of performing their job duties for
Defendants thereby relieving Defendants of those business
expenses.
Carriage Services is a leading provider of professional funeral
and cemetery services.[BN]
The Plaintiffs are represented by:
Na'il Benjamin, Esq.
Melanie Popper, Esq.
Antoinette Morris, Esq.
BENJAMIN LAW GROUP, P.C.
505 14th Street, Suite 900
Oakland, CA 94612
Telephone: (510) 588 8460
Facsimile: (510) 439 2632
E-mail: nbenjamin@benjaminlawgroup.com
CARSON SMITHFIELD: Faces "Ahmed" Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Carson Smithfield,
LLC. The case is styled as Mohiuddin Ahmed, on behalf of himself
individually and all others similarly situated, the Plaintiff, v.
Carson Smithfield, LLC, the Defendant, Case No. 1:17-cv-04002
(E.D.N.Y., July 6, 2017).
Carson Smithfield offers to settle on cardholder's charge-off
credit cards and unpaid balances for a portion of the total
owned.[BN]
The Plaintiff appears pro se.
CENTURYLINK INC: Faces "Allison" Suit in District of Arizona
------------------------------------------------------------
A class action lawsuit has been filed against CenturyLink
Incorporated. The case is titled as Luke Roger Allison,
individually and as representative of a class of similarly
situated persons, the Plaintiff, v. CenturyLink Incorporated, a
Louisiana corporation; Centurylink Communications LLC, a Delaware
limited liability company doing business in Arizona as CenturyLink
Communications LLC; CenturyLink Public Communications
Incorporated, a Florida corporation doing business in Arizona as
CenturyLink Public Communications Incorporated; CenturyLink Sales
Solutions Incorporated, a Delaware corporation doing business in
Arizona as CenturyLink Sales Solutions Incorporated; and Unknown
Parties, Does 1-50, inclusive, the Defendants, Case No. 2:17-cv-
02162-BSB (D. Ariz., July 6, 2017). The case is assigned to the
Hon. Magistrate Judge Bridget S Bade.
CenturyLink is an American telecommunications company,
headquartered in Monroe, Louisiana, that provides communications
and data services.[BN]
The Plaintiff is represented by:
Benjamin Meiselas, Esq.
Mark John Geragos, Esq.
GERAGOS & GERAGOS APC
644 S Figueroa St.
Los Angeles, CA 90017
Telephone: (213) 625 3900
Facsimile: (213) 232 3255
E-mail: ben@geragos.com
mark@geragos.com
- and -
Hart Lawrence Robinovitch, Esq.
Zimmerman Reed PLLP
14646 N Kierland Blvd., Ste. 145
Scottsdale, AZ 85254-2762
Telephone: (480) 348 6400
Facsimile: (480) 348 6415
E-mail: AZDocketing@zimmreed.com
CHARTER COMMUNICATIONS: Sued by Gallion Over Violations of TCPA
---------------------------------------------------------------
STEVE GALLION, individually and on behalf of all others similarly
situated v. CHARTER COMMUNICATIONS, INC., and SPECTRUM MANAGEMENT
HOLDING COMPANY, LLC; DOES 1 through 10, inclusive, Case No. 5:17-
cv-01361 (C.D. Cal., July 6, 2017), seeks damages and other legal
remedies resulting from the alleged illegal actions of the
Defendants in negligently, knowingly and willfully contacting the
Plaintiff on his cellular telephone in violation of the Telephone
Consumer Protection Act, thereby, invading his privacy.
Charter Communications, Inc., through its subsidiaries, provides
cable services to residential and commercial customers in the
United States. The Company offers subscription-based video
services, including a package of basic video programming, video on
demand, high definition television, digital video recorder, pay-
per-view, and Spectrum guide services.
Spectrum Management Holding Company, LLC, together with its
subsidiaries, provides video, high-speed data, and voice services
in the United States. Spectrum operates in three segments:
Residential Services, Business Services, and Other Operations.
The true names and capacities of the Doe Defendants are currently
unknown to the Plaintiff.[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Meghan E. George, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
E-mail: tfriedman@toddflaw.com
mgeorge@toddflaw.com
abacon@toddflaw.com
CITY PRACTICE: Faces "Matzura" Suit in Southern Dist. of New York
-----------------------------------------------------------------
A class action lawsuit has been filed against City Practice Group
of New York, LLC. The case is styled as Steven Matzura, and on
behalf of all other persons similarly situated, the Plaintiff, v.
City Practice Group of New York, LLC, the Defendant, Case No.
1:17-cv-05188 (S.D.N.Y., July 10, 2017).
City Practice Group of New York, LLC owns and operates a chain of
medical care facilities in New Jersey, New York, and
Washington.[BN]
The Plaintiff appears pro se.
COCA-COLA COMPANY: Faces "Naseri" Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against The Coca-Cola
Company. The case is entitled as Mokhtar Naseri, on behalf of
himself and others similarly situated, the Plaintiff, v. The Coca-
Cola Company and Coca-Cola Refreshments USA, Inc., the Defendants,
Case No. 1:17-cv-04033-NGG-SMG (E.D.N.Y., July 6, 2017). The case
is assigned to the Hon. Judge Nicholas G. Garaufis.
The Coca-Cola Company, which is headquartered in Atlanta, Georgia,
but incorporated in Wilmington, Delaware, is an American
multinational beverage corporation, and manufacturer, retailer,
and marketer of nonalcoholic beverage concentrates and syrups.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, 2nd floor
New York, NY 10016
Telephone: (212) 465 1188
Facsimile: (212) 465 1181
E-mail: cklee@leelitigation.com
COLISEUM INC: Fails to Pay Exotic Dancers' Minimum Wage, Suit Says
------------------------------------------------------------------
JANE DOES 1, 2 and 3, individually and on behalf of all others
similarly situated v. THE COLISEUM, INC., d.b.a. The Coliseum, a
Michigan corporation; ABCDE OPERATING, LLC, d.b.a. The Penthouse
Club, a Michigan Limited Liability Company and ALAN MARKOVITZ, an
individual, Jointly and severally, Case No. 4:17-cv-12212-LVP-EAS
(E.D. Mich., July 6, 2017), is brought over the Defendants'
alleged failure to pay minimum wages to exotic dancers, in
violation of the Fair Labor Standards Act and the Michigan Minimum
Wage Law.
The Coliseum, Inc., is a Michigan corporation, with its principal
place of business located in Detroit, Michigan. ABCDE Operating
LLC, d.b.a. The Penthouse Club, is a Michigan corporation, with
its principal place of business located in Detroit. Alan
Markovitz, a resident of Michigan, currently owns, manages and
controls the Defendant Nightclubs. The Defendants operate adult
nightclubs, The Coliseum and The Penthouse Club.[BN]
The Plaintiffs are represented by:
Jennifer L. McManus, Esq.
FAGAN MCMANUS, P.C.
25892 Woodward Avenue
Royal Oak, MI 48067-0910
Telephone: (248) 542-6300
E-mail: jmcmanus@faganlawpc.com
CONTINENTAL SERVICE: Faces "Dafner" Suit in E.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Continental Service
Group, Inc. The case is captioned as Chanie Dafner, on behalf of
herself and all others similarly situated, the Plaintiff, v.
Continental Service Group, Inc., Case No. 1:17-cv-04126 (E.D.N.Y.,
July 12, 2017).
Continental Service Group, Inc. doing business as ConServe
provides debt collection services to creditors. It specializes in
higher education receivables.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
JOSEPH H. MIZRAHI LAW, P.C.
337 Avenue W, Suite 2f
Brooklyn, NY 11223
Telephone: (917) 299 6612
Facsimile: (347) 665 1545
E-mail: jmizrahilaw@gmail.com
CONTRACT SWEEPERS: "Steffen" Suit Seeks Overtime Wages under FLSA
-----------------------------------------------------------------
Andy Steffen, 2600 Hiawatha St., Columbus, Ohio 43211, the
Plaintiff, v. Contract Sweepers & Equipment Co., 2137 Parkwood
Ave., Columbus, Ohio 43219, the Defendant, Case No. 2:17-cv-00579-
GCS-KAJ (S.D. Ohio, July 3, 2017), seeks to recover overtime wages
under the Fair Labor Standards Act of 1938, the Ohio Minimum Fair
Wage Standards Act, and the Ohio Prompt Pay Act.
According to the complaint, Steffen worked as an hourly, non-
exempt equipment operator for Defendant's CSE - Columbus office.
Steffen regularly worked more than 40 hours per week, but was not
paid one and one-half times his regular rate for all of hours
worked over 40 as a result of Defendant's automatic meal deduction
policy.[BN]
Contract Sweepers is a licensed and bonded freight shipping and
trucking company.
The Plaintiff is represented by:
Matthew J.P. Coffman, Esq.
Coffman Legal, LLC
1457 S. High St.
Columbus, OH 43207
Telephone: (614) 949 1181
Facsimile: (614) 386 9964
E-mail: mcoffman@mcoffmanlegal.com
- and -
Peter A. Contreras, Esq.
CONTRERAS LAW, LLC
P.O. Box 215
Amlin, OH 43002
Telephone: (614) 787 4878
Facsimile: (614) 923 7369
E-mail: peter.contreras@contrerasfirm.com
CONVERGENT OUTSOURCING: Faces "Brown" Suit in D. New Jersey
-----------------------------------------------------------
A class action lawsuit has been filed against Convergent
Outsourcing, Inc. The case is captioned as TIFFANIE M. BROWN, on
behalf of herself and those similarly situated, the Plaintiff, v.
CONVERGENT OUTSOURCING, INC. and JOHN DOES 1 to 10, the
Defendants, Case No. 2:17-cv-04969-MCA-SCM (D.N.J., July 6, 2017).
The case is assigned to the Hon. Judge Madeline Cox Arleo.
Convergent Outsourcing offers business process outsourcing,
revenue cycle, and receivables management services.[BN]
The Plaintiff is represented by:
Yongmoon Kim, Esq.
KIM LAW FIRM LLC
411 Hackensack Ave. 2 Fl.
Hackensack, NJ 07601
Telephone: (201) 273 7117
Facsimile: (201) 273 7117
E-mail: ykim@kimlf.com
CONVERGENT OUTSOURCING: Faces "Levin" Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Convergent
Outsourcing, Inc. The case is styled as Dovid Levin, on behalf of
himself and all other similarly situated consumers, the Plaintiff,
v. Convergent Outsourcing, Inc., the Defendant, Case No. 1:17-cv-
04125 (E.D.N.Y., July 12, 2017).
Convergent Outsourcing offers business process outsourcing,
revenue cycle, and receivables management services.[BN]
The Plaintiff appears pro se.
COUNTRY CLUB: Faces "Pittius" Lawsuit Under FLSA, NJ Wage Law
-------------------------------------------------------------
AUGUST PITTIUS, Plaintiff, vs. COUNTRY CLUB SERVICES, INC., and
JOSEPH HUGHES, individually, Defendants, Case No. 3:17-cv-04940
(D.N.J., July 6, 2017) alleges on behalf of Plaintiff and all
others similarly situated, that Defendants did not properly
compensate Plaintiff, and those similarly situated employees, for
all minimum wage and overtime hours worked in a work week.
Plaintiff Pittius was also supposed to be paid monies owed to him
from a tip pool, but was not paid his fair share of the tips.
The case alleges violation of the Fair Labor Standards Act, and
the New Jersey State Wage and Hour Law.
The Defendants own, operate, and/or manage a valet parking
business. Plaintiff Pittius was employed by Defendants as a full
time valet parker.[BN]
The Plaintiff is represented by:
Andrew I. Glenn, Esq.
Jodi J. Jaffe, Esq.
JAFFE GLENN LAW GROUP, P.A.
301 N. Harrison Street, Suite 9F, #306
Princeton, NJ 08540
Phone: (201) 687-9977
Fax: (201) 595-0308
Email: AGlenn@JaffeGlenn.com
JJaffe@JaffeGlenn.com
COVERALL NORTH: Sued in Georgia for Misclassifying Employees
------------------------------------------------------------
Randall Richardson and Janitorial Tech, LLC, on behalf of
themselves and all other similarly situated persons and companies
v. Coverall North America, Inc., Case No. 1:17-cv-02405-CAP (N.D.
Ga., June 27, 2017), arises out of the Defendant's unlawful
practice of misclassifying its janitors as "franchisees" and
independent contractors, rather than employees, in an attempt to
avoid liability under the Fair Labor Standards Act.
Coverall North America, Inc. operates a commercial cleaning
business across the country, including in Georgia. [BN]
The Plaintiff is represented by:
F. Skip Sugarman, Esq.
J. Nicholas Phillips, Esq.
BLOOM SUGARMAN, LLP
977 Ponce de Leon Avenue, NE
Atlanta, GA 30306-4265
Telephone: (404) 577-7710
Facsimile: (404) 577-7715
E-mail: ssugarman@bloomsugarman.com
nphillips@bloomsugarman.com
CREDIT SUISSE: Faces Alpari Suit in Southern Dist. of New York
--------------------------------------------------------------
A class action lawsuit has been filed against Credit Suisse Group
AG. The case is titled as Alpari (US), LLC, on behalf of itself
and all others similarly situated, the Plaintiff, v. Credit Suisse
Group AG, Credit Suisse AG, and Credit Suisse Securities (USA)
LLC, the Defendant, Case No. 1:17-cv-05282-UA (S.D.N.Y., July 12,
2017).
Credit Suisse Group is a Swiss multinational financial services
holding company, headquartered in Zurich, that operates the Credit
Suisse Bank and other financial services investments.[BN]
The Plaintiff is represented by:
Steven Michael Berezney, Esq.
George A. Zelcs, Esq.
KOREIN TILLERY, LLC
505 North 7th Street, Suite 3600
St. Louis, MO 63101
Telephone: (314) 450 4063
E-mail: sberezney@koreintillery.com
gzelcs@koreintillery.com
DIGITALGLOBE: Faces "Zand" Suit Over Proposed Sale to MacDonald
---------------------------------------------------------------
Stuart Zand, individually and on behalf of all others similarly
situated v. DigitalGlobe, Inc., General Howell M. Estes III, Nick
S. Cyprus, Roxanne Decyk, Lawrence A. Hoguh, Warren C. Jenson, L.
Roger Mason Jr., Jeffrey R. Tar, Kimberly Till, and Eddy Zervigon,
Case No. 1:17-cv-01570-RM (D. Del., June 27, 2017), is brought on
behalf of all public shareholders of DigitalGlobe, Inc., to enjoin
the proposed merger between DigitalGlobe and MacDonald, Dettwiler
and Associates Ltd.
According to the complaint, DigitalGlobe filed a Preliminary Proxy
Statement on Schedule 14A with the U.S. Securities and Exchange
Commission, which recommends that DigitalGlobe stockholders vote
in favor of the Proposed Transaction valued at $2.4 billion.
However, the Proxy omits or misrepresents material information
concerning, among other things: (i) the projections for
DigitalGlobe, relied on by the Board and used by Barclays and
PJTPartners, in support of their fairness opinions; (ii) the
financial analyses performed by Barclaysand PJT; and (iii)
potential conflicts of interest regarding the Board, Barclays and
PJT Partners. The failure to adequately disclose such material
information constitutes a violation of the Exchange Act as
stockholders need such information in order to cast a fully-
informed vote in connection with the Proposed Transaction, says
the complaint.
The Complaint adds that the Proposed Transaction will unlawfully
divest DigitalGlobe's public stockholders of the Company's
valuable assets without fully disclosing all material information
concerning the Proposed Transaction to Company stockholders. To
remedy defendants' Exchange Act violations, Plaintiff seeks to
enjoin the stockholder vote on the Proposed Transaction unless and
until such problems are remedied.
DigitalGlobe, Inc. is a provider of Earth imagery, data and
analysis. The Company's imagery solutions and other services
support a range of uses, including mission-planning, mapping
and analysis, environmental monitoring, oil and gas exploration
and infrastructure management. [BN]
The Plaintiff is represented by:
Michael Van Gorder, Esq.
FARUQI & FARUQI, LLP
20 Montchanin Road, Suite 145
Wilmington, DE 19807
Telephone: (302) 482-3182
E-mail: mvangorder@faruqilaw.com
- and -
Nadeem Faruqi, Esq.
James M. Wilson Jr., Esq.
FARUQI & FARUQI, LLP
685 Third Ave., 26th Fl.
New York, NY 10017
Telephone: (212) 983-9330
E-mail: nfaruqi@faruqilaw.com
jwilson@faruqilaw.com
- and -
Juan E. Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Avenue, Suite 4405
New York, NY 10118
Telephone: (212) 971-1341
E-mail: jmonteverde@monteverdelaw.com
DIVERSIFIED ADJUSTMENT: Faces "Langsam" Suit in E.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Diversified
Adjustment Service, Inc. The case is titled as Shoshana Langsam,
on behalf of herself and all others similarly situated, the
Plaintiff, v. Diversified Adjustment Service, Inc., the Defendant,
Case No. 1:17-cv-04089 (E.D.N.Y., July 10, 2017).
Diversified Adjustment operates as an accounts receivable
management company in America.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
JOSEPH H. MIZRAHI LAW, P.C.
337 Avenue W., Suite 2f
Brooklyn, NY 11223
Telephone: (917) 299 6612
Facsimile: (347) 665 1545
E-mail: jmizrahilaw@gmail.com
DOLGENCORP LLC: Hubbard, et al.'s Suit Transferred to W.D. Tenn.
---------------------------------------------------------------
The case captioned BRANDI HUBBARD, SHERLYN HUFFMAN, REBECCA BEAVER
and HOLLY JIMENEZ, Individually, and on behalf of others similarly
situated, Plaintiffs, v. DOLGENCORP, LLC, DOLLAR GENRAL CORP., and
DG RETAIL, LLC, Defendants (originally Case Number 2:17-cv-02102,
C.D. Ill., April 26, 2017), was transferred from the U.S. District
for the Central District of Illinois to the U.S. District Court
for the Western District of Tennessee and assigned Case No. 1:17-
cv-01133-STA-egb, according to a case docket dated July 6, 2017.
The case alleges that Dollar General maintained a common pattern
and practice of allowing, inducing and incentivizing its store
managers to require, force, expect, encourage and/or suffer and
permit Plaintiffs and class members to work "off-the-clock"
before, during and after their scheduled shifts to avoid
compensating them for all straight time worked, to avoid
compensating them for all hours worked in excess of forty (40) per
week at the applicable FLSA overtime compensation rate of pay, to
enable it to "under-budget" its labor costs and to "under-staff"
its stores (but nonetheless meet the operational needs of its
store), all for the purpose and objective of staying within its
budgeted labor cost allotted to each of its stores.
Plaintiffs worked as a nonexempt Key-Holders (Lead Sales
Associates) at a Dollar General store. Defendant is a discount
retailer in the United States.[BN]
The Plaintiffs are represented by:
Gordon Ernest Jackson, Esq.
JACKSON SHIELDS YEISER & HOLT
262 German Oak Drive
Memphis, TN 38018
Phone: (901) 754-8001
Fax: (901) 754-8524
E-mail: gjackson@jsyc.com
- and -
Joseph Russ Bryant, Esq.
JACKSON SHIELDS YEISER & HOLT
262 German Oak Drive
Cordova, TN 38018
Phone: (901) 754-8001
E-mail: rbryant@jsyc.com
Defendant(s) is represented by:
Joel S. Allen, Esq.
MORGAN LEWIS & BOCKIUS LLP
1717 Main Street, Suite 3200
Dallas, TX 75201
Phone: (214) 932-6400
Fax: (214) 932-6499
E-mail: jallen@mcguirewoods.com
DOUGLAS ELLIMAN: Faces "Matzura" Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Douglas Elliman
Realty, LLC. The case is captioned as Steven Matzura, and on
behalf of all other persons similarly situated, the Plaintiff, v.
Douglas Elliman Realty, LLC and Douglas Elliman, LLC, the
Defendants, Case No. 1:17-cv-05209 (S.D.N.Y., July 11, 2017).
Douglas Elliman Realty provides real estate services. Its services
include residential sales, rental, and leasing brokerage.[BN]
The Plaintiff is represented by:
Justin Alexander Zeller, Esq.
THE LAW OFFICE OF JUSTIN A. ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007
Telephone: (212) 229 2249
Facsimile: (212) 229 2246
E-mail: Jazeller@zellerlegal.com
DRAMATICS FOR HAIR: Faces "Matzura" Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Dramatics for Hair,
INC. The case is styled as Steven Matzura, and on behalf of all
other persons similarly situated, the Plaintiff, v. Dramatics for
Hair, INC., Dramatics High Performance, INC., Dramatics Fifth
Avenue, INC., Dramatics 57, INC., Dramatics New Millenium, INC.,
and Dramatics Sixth Avenue, INC., the Defendants, Case No. 1:17-
cv-05203 (S.D.N.Y., July 11, 2017).[BN]
The Plaintiff is represented by:
Justin Alexander Zeller, Esq.
THE LAW OFFICE OF JUSTIN A. ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007
Telephone: (212) 229 2249
Facsimile: (212) 229 2246
E-mail: Jazeller@zellerlegal.com
FAMILY MOTORS: Faces "Crary" Suit in Connecticut Superior Court
---------------------------------------------------------------
A class action lawsuit has been filed against FAMILY MOTORS, INC.
The case is styled as JANICE L. CRARY, INDIVIDUALLY AND ON BEHALF
OF A CLASS OF OTHERS SIMILARLY SITUATED, the Plaintiff, v. FAMILY
MOTORS, INC. D/B/A: MICHAEL KIA and JOHN DOE, INC., the Defendant,
Case No. KNL-CV-17-6030666-S (Conn. Super. Ct.,
July 6, 2017).
Family Motors offers quality pre-owned cars, trucks, and SUVs of
all makes and models to the Virginia Beach, Norfolk, Chesapeake,
and Hampton Roads.[BN]
The Plaintiff is represented by:
CONSUMER LAW GROUP LLC
35 Cold Spring Road, Suite 512
Rocky Hill, CT 6067
Telephone: (860) 571 0408
FIRSTSOURCE ADVANTAGE: Faces "Heller" Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Firstsource
Advantage, LLC. The case is entitled as Mayer Heller, on behalf of
himself and all other similarly situated consumers, the Plaintiff,
v. Firstsource Advantage, LLC, Case No. 1:17-cv-04144 (E.D.N.Y.,
July 12, 2017).
Firstsource Advantage provides innovative debt collections
services to the leading credit card issuers, financial
institutions, and healthcare providers.[BN]
The Plaintiff is represented by:
Maxim Maximov, Esq.
MAXIM MAXIMOV, LLP
1701 Avenue P
Brooklyn, NY 11229
Telephone: (718) 395 3459
Facsimile: (718) 408 9570
E-mail: m@maximovlaw.com
FRED'S STORES: "Wallace" Suit Moved to Northern Dist. of Georgia
----------------------------------------------------------------
MELANIE WALLACE, SASCHA FELICIANO and HEATHER TYLER, on behalf of
themselves and all others similarly situated, the Plaintiffs, v.
FRED'S STORES OF TENNESSEE, INC. (d/b/a Fred's, Fred's Super
Dollar, Fred's Pharmacy); and DOES 1 through 100, inclusive, the
Defendants, Case No. 2017cv288599, was removed on May 11, 2017
from the Superior Court of Fulton County, Georgia, to the United
States District Court for the Northern District of Georgia. The
District Court Clerk assigned Case No. 2:17-cv-01100-JHE to the
proceeding.
Fred's operates discount general merchandise stores.[BN]
The Defendants are represented by:
John Hinton IV, Esq.
BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, P.C.
Monarch Plaza, Suite 1600
3414 Peachtree Road, N.E.
Atlanta, GA 30326
Telephone: (404) 577 6000
Facsimile: (404) 221 6501
E-mail: jhinton@bakerdonelson.com
FRESH NATURAL: Faces "Suarez" Suit in Southern Dist. of New York
----------------------------------------------------------------
A class action lawsuit has been filed against Fresh Natural Food
Inc. The case is captioned as Julio A. Suarez, on behalf of others
similarly situated, the Plaintiff, v. Fresh Natural Food Inc.
doing business as: Panini Tozt, and Mohammad Choudry, the
Defendant, Case No. 1:17-cv-05280 (S.D.N.Y., July 12, 2017).
Fresh and Natural Foods is an independent, locally-owned organic
and natural full-service grocer wholly committed to providing
healthy food choices.[BN]
The Plaintiff appears pro se.
FRITO-LAY: "Allred" Suit Moved to Southern Dist. of California
--------------------------------------------------------------
The class action lawsuit titled Barry Allred and Mandy C Allred,
on behalf of themselves, and all others similarly situated, and
the general public, the Plaintiff, v. Frito-Lay North America,
Inc., a Delaware corporation, and Frito-Lay, Inc., a Delaware
corporation, Case No. 37-02017-00017305-CU-BC-CTL, was removed on
July 3, 2017 from the San Diego County Superior Court, California,
to the U.S. District Court for Southern District of California
(San Diego). The District Court Clerk assigned Case No. 3:17-cv-
01345-JLS-B to the proceeding. The case is assigned to the Hon.
Judge Janis L. Sammartino.
Frito-Lay North produces snack food products and convenient food.
It offers chips from potatoes, corn, and grains.[BN]
The Plaintiffs are represented by:
David Elliot, Esq.
P.O. Box 16405
San Diego, CA 92176
Telephone: (858) 228 7997
E-mail: david@westonfirm.com
The Defendants are represented by:
Andrew S. Tulumello, Esq.
GIBSON DUNN & CRUTCHER LLP
1050 Connecticut Avenue NW
Washington, DC 20036
Telephone: (202) 955 8657
Facsimile: (202) 530 9678
E-mail: atulumello@gibsondunn.com
GALLAGHER'S FAMOUS: Faces "Hennessy" Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Gallagher's Famous,
LLC. The case is styled as Patrick Joseph Hennessy, on behalf of
himself and others similarly situated, the Plaintiff, v.
Gallagher's Famous, LLC and Dean Poll, the Defendants, Case No.
1:17-cv-05260 (S.D.N.Y., July 12, 2017).[BN]
The Plaintiff appears pro se.
GAP INC: Hardigree Seeks to End Sending of Unwanted Promo Texts
---------------------------------------------------------------
JULIE HARDIGREE, on behalf of herself, and all others similarly
situated v. THE GAP, INC., Case No. 4:17-cv-03840-KAW (N.D. Cal.,
July 6, 2017), wants to stop the Defendant's alleged practice of
sending unsolicited and promotional text messages to telephones of
consumers nationwide in violation of the Telephone Consumer
Protection Act.
Gap is a Delaware Corporation, headquartered in San Francisco,
California. Gap is a worldwide retail store of clothing and
accessories. Gap Factory is a division of Gap.[BN]
The Plaintiff is represented by:
Ronald A. Marron, Esq.
Alexis Wood, Esq.
Kas Gallucci, Esq.
LAW OFFICES OF RONALD A. MARRON
651 Arroyo Drive
San Diego, CA 92103
Telephone: (619) 696-9006
Facsimile: (619) 564-6665
E-mail: ron@consumersadvocates.com
alexis@consumersadvocates.com
kas@consumersadvocates.com
GC SERVICES: Faces "Ahmed" Suit in Eastern District of New York
---------------------------------------------------------------
A class action lawsuit has been filed against GC Services Limited
Partnership. The case is captioned as Imran Ahmed, on behalf of
himself and all others similarly situated, the Plaintiff, v. GC
Services Limited Partnership, the Defendant, Case No. 1:17-cv-
04025 (E.D.N.Y., July 6, 2017).
GC Services is the largest privately-held outsourcing provider of
call center management and collection agency services in North
America.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
JOSEPH H. MIZRAHI LAW, P.C.
337 Avenue W, Suite 2f
Brooklyn, NY 11223
Telephone: (917) 299 6612
Facsimile: (347) 665 1545
E-mail: jmizrahilaw@gmail.com
GENERAL MOTORS: Faces "Gaines" Suit in S.D. California
------------------------------------------------------
A class action lawsuit has been filed against General Motors
Company. The case is captioned as Kelley Gaines, individually and
on behalf of all others similarly situated, the Plaintiff, v.
General Motors Company, A Delaware Corporation, and Does 1 through
25, inclusive, the Defendant, Case No. 3:17-cv-01351-BTM-BGS (S.D.
Cal., July 5, 2017). The case is assigned to the Hon. Judge Barry
Ted Moskowitz.
General Motors is an American multinational corporation
headquartered in Detroit, Michigan, that designs, manufactures,
markets, and distributes vehicles and vehicle parts, and sells
financial services.[BN]
The Plaintiff is represented by:
Robert A Waller, Jr., Esq.
LAW OFFICES OF ROBERT A. WALLER, JR.
P.O. Box 999
Cardiff-by-the-Sea, CA 92007
Telephone: (760) 753 3118
Facsimile: (760) 753 3206
E-mail: robert@robertwallerlaw.com
HALSTEAD PROPERTY: Faces "Matzura" Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Halstead Property,
LLC. The case is titled as Steven Matzura, and on behalf of all
other persons similarly situated, the Plaintiff, v. Halstead
Property, LLC and Terra Holdings, LLC, the Defendants, Case No.
1:17-cv-05213 (S.D.N.Y., July 11, 2017).
Halstead Property is an American residential real estate brokerage
firm, headquartered in the Manhattan borough of New York City, New
York.[BN]
The Plaintiff is represented by:
Justin Alexander Zeller, Esq.
THE LAW OFFICE OF JUSTIN A. ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007
Telephone: (212) 229 2249
Facsimile: (212) 229 2246
E-mail: Jazeller@zellerlegal.com
HILL COUNTRY NY: Faces "Matzura" Suit over Disabilities Act
-----------------------------------------------------------
STEVEN MATZURA AND ON BEHALF OF ALL OTHER PERSONS SIMILARLY
SITUATED, the Plaintiffs, v. HILL COUNTRY NEW YORK LLC, HILL
COUNTRY NEW YORK CATERING COMPANY, LLC, HILL COUNTRY IP, LLC, HILL
COUNTRY CHICKEN NY, LLC, HILL COUNTRY NEW YORK HOLDINGS, LLC, HILL
COUNTRY CHICKEN HOLDINGS, LLC, AND HILL COUNTRY BROOKLYN, LLC, the
Defendants, Case No. 1:17-cv-04933-RWS (S.D.N.Y., June 29, 2017),
seeks permanent injunction to cause a change in Defendants'
corporate policies, practices, and procedures so that Defendants'
websites will become and remain accessible to blind and visually-
impaired consumers.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
The Plaintiff brings this civil rights action against Defendants
for their failure to design, construct, maintain, and operate its
websites to be fully accessible to and independently usable by
Plaintiff and other blind or visually-impaired people. The
Defendants denial of full and equal access to its websites, and
therefore denial of its products and services offered thereby and
in conjunction with its physical locations, is a violation of
Plaintiff's rights under the Americans with Disabilities Act
(ADA). Because Defendants' websites, www.hillcountry.com and
www.hillcountrychicken.com, are not equally accessible to blind
and visually-impaired consumers, they violate the ADA.[BN]
The Plaintiff is represented by:
Brandon D. Sherr, Esq.
Justin A. Zeller, Esq.
LAW OFFICE OF JUSTIN A. ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007 2036
Telephone: (212) 229 2249
Facsimile: (212) 229 2246
E-mail: bsherr@zellerlegal.com
jazeller@zellerlegal.com
- and -
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003-2461
Telephone: (212) 228 9795
Facsimile: (212) 982 6284
E-mail: nyjg@aol.com
danalgottlieb@aol.com
HOME DEPOT: Faces "Rivera" Suit in District of Connecticut
----------------------------------------------------------
A class action lawsuit has been filed against Home Depot, Inc. The
case is captioned as Francisco Joel Rivera, on behalf of himself
and all others similarly situated, the Plaintiff, v. Home Depot,
Inc., the Defendant, Case No. 3:17-cv-01076-VLB (D. Conn., June
29, 2017). The case is assigned to the Hon. Judge Vanessa L.
Bryant.
Home Depot is an American home improvement supplies retailing
company that sells tools, construction products, and services. The
company is headquartered at the Atlanta Store Support Center in
Cobb County of Atlanta, Georgia.[BN]
The Plaintiff is represented by:
Joanne S. Faulkner, Esq.
LAW OFFICES OF JOANNE FAULKNER
123 Avon St.
New Haven, CT 06511-2422
Telephone: (203) 772 0395
E-mail: faulknerlawoffice@snet.net
HYPRO INC: Sued in Wis. Over Failure to Properly Pay Workers
------------------------------------------------------------
Alvin Pintor, individually and on behalf of all others similarly
situated v. Hypro, Inc., d/b/a Spirit Manufacturing, Inc., and
Service First Staffing, Inc., Case No. 2:17-cv-00890-PP (E.D.
Wis., June 27, 2017), arises out of the Defendant's policy and
practice of impermissibly rounding the start and end times of its
hourly employees' work hours so as to deny employees compensation
for all hours worked.
Hypro, Inc. operates a manufacturing plant located at 5340 S.
Emmer Drive, New Berlin, Wisconsin 53151. [BN]
The Plaintiff is represented by:
Larry A. Johnson, Esq.
Summer Murshid, Esq.
Timothy Maynard, Esq.
HAWKS QUINDEL, S.C.
222 East Erie, Suite 210 P.O. Box 442
Milwaukee, WI 53201-0442
Telephone: (414) 271-8650
Facsimile: (414) 271-8442
E-mail: ljohnson@hq-law.com
smurshid@hq-law.com
tmaynard@hq-law.com
IMPAX LABORATORIES: Medicine To Go's Suit Sent to S.D. Ala.
-----------------------------------------------------------
The case captioned MEDICINE TO GO PHARMACIES, INC., on behalf of
plaintiff and the class members defined herein, Plaintiff, vs.
IMPAX LABORATORIES, INC., and JOHN DOES 1-10, Defendants
(originally, Case Number 3:17-cv-00986 D.N.J., February 14, 2017)
was transferred from the U.S. District Court for the District of
New Jersey to the U.S. District Court for the Southern District of
Alabama and assigned Case Number 1:17-cv-00310, according to a
court docket dated June 6, 2017.
The case alleges that Defendants sent unlawful advertisements to
telephone facsimile machines in violation of the Telephone
Consumer Protection Act.
Impax Laboratories -- http://www.impaxlabs.com/-- is a
technology-based specialty pharmaceutical company.[BN]
The Plaintiff is represented by:
Andrew T. Thomasson, Esq.
STERN THOMASSON LLP
150 Morris Avenue, 2nd Floor
Springfield, NJ 07081-1315
Phone: (973) 379-7500
Fax: (973) 532-5868
- and -
Philip D. Stern, Esq.
STERN THOMASSON LLP
150 Morris Avenue, 2nd Floor
Springfield, NJ 07081-1329
Phone: (973) 379-7500
Fax: (973) 532-0866
Defendant(s) is represented by:
Nicholas Stevens, Esq.
STARR, GERN, DAVISON & RUBIN, PC
105 Eisenhower Parkway
Roseland, NJ 07068-1050
Phone: (973) 403-9200
ISHITANI CORPORATION: Sued by Hiyadi for Not Paying Proper OT
-------------------------------------------------------------
ABDERRAHIM HIYADI; on behalf of himself and all others similarly
situated v. ISHITANI CORPORATION (DBA KIYO FOODS); KIYOSHI
ISHITANI, individually, Case No. 17-1994 (Mass. Super. Ct.,
Suffolk Cty., June 26, 2017), alleges that Kiyo Foods did not pay
the Plaintiff and similarly situated employees at a rate of time
and a half when they worked more than 40 hours per week.
Ishitani Corporation, doing business as Kiyo Foods, is a domestic
profit corporation with a principal office located in Medford,
Massachusetts. Kiyo Foods processes and prepares edamame beans
for retail sales. The Company's customers are retail food outlets
that resell its products to the general public in Massachusetts.
Kiyoshi Ishitani is the President, Secretary, Treasurer, and
Director of Kiyo Foods as well as its owner.[BN]
The Plaintiff is represented by:
Jamees Livingstone, Esq.
John Regan, Esq.
REGAN LANE LLP
43 Bowdoin Street, Suite A
Boston, MA 02114
Telephone: (857) 277-0902
Facsimile: (857) 233-5287
E-mail: jay@reganlane.com
jregan@reganlane.com
JBS SA: Misrepresents Business Operations, GWI Enterprise Alleges
-----------------------------------------------------------------
GWI ENTERPRISE LTD., Individually and on Behalf of All Others
Similarly Situated v. JBS S.A., WESLEY MENDONCA BATISTA, GILBERTO
TOMAZONI, and JOESLEY MENDONCA BATISTA, Case No. 1:17-cv-04019
(E.D.N.Y., July 6, 2017), seeks to recover compensable damages
caused by the Defendants' alleged violations of federal securities
laws, and to pursue remedies under the Securities Exchange Act of
1934.
The Plaintiff alleges that the Company made materially false and
misleading statements, misrepresenting its business operations and
legal compliance. The lawsuit is a federal class action lawsuit
brought on behalf of a class consisting of all persons and
entities, other than the Defendants and their affiliates, who
purchased or otherwise acquired the publicly traded American
Depositary Receipts of JBS from June 2, 2015, through May 19,
2017, both dates inclusive.
JBS, a food company, engages in the processing and trading of
animal protein in Brazil and internationally. The Company was
formerly known as Friboi Ltda. JBS was founded in 1953 and is
headquartered in Sao Paulo, Brazil. The Individual Defendants are
directors and officers of the Company.[BN]
The Plaintiff is represented by:
Adam M. Apton, Esq.
Nicholas I. Porritt, Esq.
LEVI & KORSINSKY, LLP
30 Broad Street, 24th Floor
New York, NY 10004
Telephone: (212) 363-7500
Facsimile: (212) 363-7171
E-mail: nporritt@zlk.com
aapton@zlk.com
LINCOLN PROPERTY: Violates Landlord & Tenant Ordinance, Suit Says
-----------------------------------------------------------------
ERlN CONROY and ELIZABETH HATTERY, Individually and on behalf all
others similarly situated, the Plaintiffs, v. LINCOLN PROPERTY
RESIDENTIAL, LINCOLN PROPERTY COMPANY and L&B CIP 77 WEST HURON,
LLC, the Defendants, Case No. 2017CH09216 (Ill. Cir. Ct., July 3,
2017), seeks award, attorney's fees, litigation expenses and costs
as a result of Defendants' violation of Residential Landlord and
Tenant Ordinance.
The case is a class action against Defendants for violating the
RLTO. The Defendants failed to provide Plaintiffs and the class
with a copy of the then current RLTO separate summary describing
the respective rights, obligations, and remedies of landlords and
tenants with respect to security deposits that was prepared by the
Chicago commissioner of the department of planning and development
as expressly required by the RLTO.
Lincoln Property Company is a property management company.[BN]
The Plaintiff is represented by:
JSLAW
29 E. Madison Street, Suite 1 000
Chicago, IL 60602
Telephone: (312) 756 1330
E-mail: jeffs@jsslawoffices.com
M3 USA: Faces Comprehensive Health Suit in Colorado
---------------------------------------------------
A class action lawsuit has been filed against M3 USA Corporation.
The case is styled as Comprehensive Health Care Systems of the
Palm Beaches, Inc., a Florida corporation, and Robert W. Mauthe
M.D., P.C., individually and as the representatives of a class of
similarly-situated persons, the Plaintiffs, v. M3 USA Corporation
and John Does 1-12, the Defendants, Case No. 1:17-mc-00126-RPM (D.
Colo., July 5, 2017). The case is assigned to the Hon. Judge
Richard P. Matsch.[BN]
M3 USA provides market research, multi-channel promotions, and
physician recruitment services.[BN]
The Plaintiffs are represented by:
Daniel Jay Cohen, Esq.
BOCK HATCH LEWIS & OPPENHEIM, LLC
134 North La Salle Street, Suite 1000
Chicago, IL 60602
Telephone: (312) 658 5500
Facsimile: (312) 658 5555
E-mail: danieljaycohen209@gmail.com
- and -
Douglas A. Turner, Esq.
DOUGLAS A. TURNER, P.C.
602 Park Point Drive, Suite 240
Golden, CO 80401
Telephone: (303) 273 2923
Facsimile: (720) 746 3027
E-mail: dturner@douglasturner.com
MACY'S RETAIL: Falsely Marketed Beddings & Linens, Suit Claims
--------------------------------------------------------------
Sara Hawes, individually and on behalf of all others similarly
situated v. Macy's Retail Holdings, Inc., AQ Textiles LLC,
Creative Textile Mills Private Limited, Case No. 2:17-cv-04747-
ODW-JPR (C.D. Cal., June 27, 2017), seeks to redress the
Defendants' deceptive acts and unconscionable business practices
designed to deceive and mislead consumers and the public into
believing that the Defendants' bedding and linen products had
higher thread counts than they really have and as such were of
better qualify, softer and more comfortable for sleeping than
products with lesser thread counts.
Macy's Retail Holdings, Inc. operates 840 retail stores in 45
states throughout the United States, the District of Columbia,
Guam and Puerto Rico under the names of Macy's, Macy's Backstage,
Macy's China Limited, Bloomingdale's, Bloomingdale's The Outlet,
and bluemercury stores, as well as the online retail sites
macys.com, bloomingdales.com, and bluemercury.com.
AQ Textiles LLC and Creative Textile Mills Private Limited
manufacture and sell textiles, including sheets and bedding
products, throughout the United States. [BN]
The Plaintiff is represented by:
S. Clinton Woods, Esq.
Michael McShane, Esq.
AUDET & PARTNERS, LLP
711 Van Ness Avenue, Suite 500
San Francisco, CA 94102
Telephone: (415) 568-2555
Facsimile: (415) 568-2556
E-mail: cwoods@audetlaw.com
mmcshane@audetlaw.com
- and -
Charles LaDuca, Esq.
CUNEO GILBERT & LADUCA LLP
4725 Wisconsin Avenue, NW Suite 200
Washington, DC 20016
Telephone: (202)789-3960
Facsimile: (202) 789-1813
E-mail: charles@cuneolaw.com
- and -
Matthew Prewitt, Esq.
CUNEO GILBERT & LADUCA LLP
16 Court Street, Suite 1012
Brooklyn, NY 11241
Telephone: (202)789-3960
Facsimile: (202) 789-1813
E-mail: mprewitt@cuneolaw.com
- and -
Charles Schaffer, Esq.
LEVIN SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (877) 882-1011
Facsimile: (215) 592-4663
E-mail: cschaffer@lfsblaw.com
- and -
Erica Mirabella, Esq.
MIRABELLA LAW LLC
132 Boylston St. #5th
Boston, MA 02116
Telephone: (855) 505-5342
E-mail: erica@mirabellallc.co
MANASSEH JORDAN: Molitor Opposes Bid to Quash, Protection Order
---------------------------------------------------------------
The case styled Molitor, et al. v. Manasseh Jordan Ministries,
Inc., et al., Case No. 1:17-mi-52-WSD, was transferred to the U.S.
District Court for the Northern District of Georgia and assigned
Case No. 1:17-cv-02408-WSD-CMS on June 26, 2017, according to the
case's docket.
On June 26, Plaintiff Jeffrey Molitor filed a response in
opposition to the motion to quash subpoena and motion for
protective order.
As previously reported in the Class Action Reporter on July 4,
2017, Kingdom Ministries Church, Inc., filed two motions in the
lawsuit: (1) a motion to quash or modify subpoena; and (2) a
motion for protective order.
The Plaintiffs are Jeffrey Molitor, Laura C. De La Cabada, Steve
Clarke and Ruth Maki, individually and on behalf of all others
similarly situated.
The Defendants are Manasseh Jordan Ministeries, Inc., a New York
Religious Corporation; and Yakim Manasseh Jordan, an
individual.[BN]
Plaintiff Jeffrey Molitor is represented by:
Laurie W. Speed, Esq.
SHAMP SPEED JORDAN WOODWARD, LLC
1718 Peachtree Street, Suite 660
Atlanta, GA 30309
Telephone: (404) 893-9400
Facsimile: (404) 260-4180
E-mail: speed@ssjwlaw.com
Movant Kingdom Ministries Church, Inc., is represented by:
Alex Benjamin Kaufman, Esq.
Matthew Dempsey Treco, Esq.
KAUFMAN & FORMAN, P.C.
8215 Roswell Road, Building 800
Atlanta, GA 30350
Telephone: (770) 390-9200
E-mail: abk@kauflaw.net
mdt@kauflaw.net
MANGOES CAFE: Fails to Pay Employees' Social Security, Suit Says
----------------------------------------------------------------
RODOLFO SUCHITE MORALES, MARVIN HERNANDEZ and THOMAS HERNANDEZ, on
behalf of themselves and all others similarly situated, the
Plaintiffs, v. MANGOES CAFE, INC. d/b/a MANGOES MEXICAN BAR
& GRILL, WALTER AGUIRRE and MARCO AGUIRRE, the Defendant, Case No.
606723/2017 (N.Y. Sup. Ct., July 11, 2017), seeks actual,
compensatory and expectation damages from the Defendants' failure
to make proper contributions on Plaintiffs' behalf to Social
Security, Workers Compensation, Unemployment Insurance, New York
Disability Insurance, and Medicare, plus pre- and post- judgment
interest at the statutory compounded rate of 9% per annum.
The Plaintiffs bring this action based upon Defendants'
intentional breach of their fiduciary duties to Plaintiffs.
Specifically, Plaintiffs commenced their employment with
Defendants with the expectation that Defendants would make
contributions to Social Security, Workers' Compensation,
Unemployment Insurance, New York Disability Insurance, and
Medicare on all wages earned. Defendants breached this duty by
failing to pay the contributions on behalf of Plaintiffs
throughout the entirety of their employment.
Further, Plaintiffs bring this action based upon Defendants'
intentional conversion and intentional fraudulent withholdings of
the contributions that should have been made on Plaintiffs'
behalf. Defendants retained benefits and monetary value by
unlawfully retaining payments, which should have been contributed
towards Social Security, Workers' Compensation, Unemployment
Insurance, New York Disability Insurance, and Medicare, thereby
denying Plaintiffs the benefits associated with such programs.[BN]
The Plaintiffs are represented by:
Neil M. Frank, Esq.
FRANK & ASSOCIATES, P.C.
500 Bi-County Boulevard, Suite 465
Farmingdale, NY 11735
Telephone: (631) 756 0400
Facsimile: (631) 756 0547
E-mail: Nftank@laborlaws.com
MANHATTAN RIVER: Faces "Rodriguez" Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Manhattan River
Group, LLC. The case is titled as Connie Rodriguez, on behalf of
herself and others similarly situated, the Plaintiff, v. Manhattan
River Group, LLC, Jerald Tenenbaum, Josh Rosen, and Andrew
Walters, the Defendants, Case No. 1:17-cv-05070 (S.D.N.Y., July 6,
2017).[BN]
The Plaintiff appears pro se.
MAPCO EXPRESS: Faces "Blair" Suit in Western Dist. of Tennessee
---------------------------------------------------------------
A class action lawsuit has been filed against Mapco Express, Inc.
The case is titled as Kenneth Blair, Individually and on behalf of
all others similarly situated, the Plaintiff, v. Mapco Express,
Inc., the Defendant, Case No. 2:17-cv-02463-SHL-dkv (W.D. Tenn.,
July 5, 2017). The case is assigned to the Hon. Judge Sheryl H.
Lipman.
Mapco Express operates a chain of convenience stores in the
Southeast United States.[BN]
The Plaintiff is represented by:
Matthew Anderson Dooley, Esq.
STUMPHAUZER O'TOOLE MCLAUGHLIN
MCGLAMERY & LOUGHMAN CO.
5455 Detroit Road
Sheffield Village, OH 44054
Telephone: (440) 930 4001
Facsimile: (440) 934 7208
E-mail: mdooley@omdplaw.com
MASQUERADE OF SOUTHWEST: Faces "Malcom" Suit Under FLSA, FMWA
-------------------------------------------------------------
Roberta Malcom, on behalf of herself and on behalf of all others
similarly situated, Plaintiff, v. MASQUERADE OF SOUTHWEST FLORIDA,
INC., Defendant, alleges that Plaintiff and similarly situated
employees worked hours and were not paid a minimum wage for all of
the hours that they worked in violation of the Fair Labor
Standards Act and the Florida Minimum Wage Act.
Defendant operates a costume store. Plaintiff is a costume sales
clerk.[BN]
The Plaintiff is represented by:
Donna V. Smith, Esq.
WENZEL FENTON CABASSA, P.A.
1110 North Florida Avenue, Suite 300
Tampa, FL 33602
Tel: 813-224-0431
Fax: 813-229-8712
E-mail: dsmith@wfclaw.com
rcooke@wfclaw.com
MATTEL INC: Sued in California Over Misleading Company Report
-------------------------------------------------------------
Waterford Township Police & Fire Retirement System, individually
and on behalf of all others similarly situated v. Mattel, Inc.,
Christopher A. Sinclair, Richard L. Dickson, Kevin M. Farr and
Joseph B. Johnson, Case No. 2:17-cv-04732 (C.D. Cal., June 27,
2017), arises from the Defendants' fraudulent scheme and course of
business that operated as a fraud or deceit on purchasers of
Mattel securities by disseminating materially false and misleading
statements and concealing material adverse facts. Specifically,
the scheme: (i) deceived the investing public regarding Mattel's
business, operations, management and the intrinsic value of Mattel
securities; and (ii) caused plaintiff and other members of the
Class to purchase Mattel securities at artificially inflated
prices.
Mattel, Inc. is a multi-national toy manufacturing company that
maintains its principal executive offices in El Segundo,
California. [BN]
The Plaintiff is represented by:
David C. Walton, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: (619) 231-1058
Facsimile: (619) 231-7423
E-mail: davew@rgrdlaw.com
- and -
Samuel H. Rudman, Esq.
58 South Service Road, Suite 200
Melville, NY 11747
Telephone: (631) 367-7100
Facsimile: (631) 367-1173
E-mail: srudman@rgrdlaw.com
MATTEL INC: Faces "Lathe" Suit Over False, Misleading Statements
----------------------------------------------------------------
KARI LATHE, Individually and on Behalf of All Others Similarly
Situated, Plaintiff, vs. MATTEL, INC., CHRISTOPHER A. SINCLAIR,
RICHARD L. DICKSON, KEVIN M. FARR and JOSEPH B. JOHNSON,
Defendants, Case No. 2:17-cv-04953 (C.D. Cal., July 6, 2017), was
filed on behalf of a purported class consisting of all persons
other than Defendants who purchased or otherwise acquired common
shares of Mattel between October 20, 2016 and April 20, 2017, both
dates inclusive.
The complaint says throughout the Class Period, Defendants made
materially false and misleading statements regarding the Company's
business, operational and compliance policies. Specifically,
Defendants made false and/or misleading statements and/or failed
to disclose that: (i) prior to and during the Class Period,
Mattel's retail customers were loaded with extremely high levels
of unsold Mattel product; (ii) as a result of Mattel's unusually
high levels of unsold inventory at its retailers, Mattel was
exposed to the heightened risk that it would have to issue its
retailers financial concessions (in the form of sales adjustments,
discounts and promotions) to remove such excess inventory, as well
as the heightened risk that Mattel would experience slower sales
growth in future periods; and (iii) as a result of the foregoing,
Mattel's public statements were materially false and misleading at
all relevant times.
Mattel, Inc. designs, manufactures, and markets a broad variety of
children's toy products on a worldwide basis.[BN]
The Plaintiff is represented by:
Jennifer Pafiti, Esq.
POMERANTZ LLP
468 North Camden Drive
Beverly Hills, CA 90210
Phone: (818) 532-6499
E-mail: jpafiti@pomlaw.com
- and -
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Hui M. Chang, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Tel: (212) 661-1100
Fax: (212) 661-8665
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
E-mail: hchang@pomlaw.com
- and -
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
10 South La Salle Street, Suite 3505
Chicago, IL 60603
Tel: (312) 377-1181
Fax: (312) 377-1184
E-mail: pdahlstrom@pomlaw.com
- and -
Peretz Bronstein, Esq.
BRONSTEIN, GEWIRTZ & GROSSMAN, LLC
60 East 42nd Street, Suite 4600
New York, NY 10165
Phone: (212) 697-6484
Fax: (212) 697-7296
Email: peretz@bgandg.com
MCLEAN MORTGAGE: Faces "Van Dyke" Suit in E.D. Virginia
-------------------------------------------------------
A class action lawsuit has been filed against McLean Mortgage
Corporation. The case is captioned as Sylvia Van Dyke and Douglas
Alvarado, individually and on behalf of a class of similarly
situated individuals, the Plaintiffs, v. McLean Mortgage
Corporation, the Defendant, Case No. 3:17-cv-00483-REP (E.D. Va.,
July 3, 2017). The case is assigned to the Hon. District Judge
Robert E. Payne.[BN]
McLean is a mortgage lender company located in Fairfax,
Virginia.[BN]
The Plaintiffs are represented by:
Kristi Cahoon Kelly, Esq.
Andrew Joseph Guzzo, Esq.
KELLY & CRANDALL PLC
3925 Chain Bridge Road, Suite 202
Fairfax, VA 22030
Telephone: (703) 424 7570
Facsimile: (703) 591 0167
E-mail: kkelly@kellyandcrandall.com
aguzzo@kellyandcrandall.com
- and -
Craig Carley Marchiando, Esq.
Elizabeth W. Hanes, Esq.
Leonard Anthony Bennett, Esq.
CONSUMER LITIGATION ASSOCIATES
763 J Clyde Morris Boulevard, Suite 1A
Newport News, VA 23601
Telephone: (757) 930 3660
Facsimile: (757) 930 3662
E-mail: craig@clalegal.com
elizabeth@clalegal.com
lenbennett@clalegal.com
MIDDLETOWN, NY: Faces "Budin" Suit in New York Supreme Court
------------------------------------------------------------
A class action lawsuit has been filed against Town of Middletown.
The case is captioned as BUDIN, DAVID, INDIVIDUALLY AND ON BEHALF
OF ALL OTHER TAXPAYERS OF THE TOWN OF MIDDLETOWN SIMILARLY
SITUATED, the Plaintiff, v. DAVIS, CARL PATRICK FINBERG, MICHAEL
ROSA, JAKE TAYLOR, KENNETH SWEENEY, BRIAN INDIVIDUALLY MEMBERS OF
THE TOWN BOARD OF THE TOWN OF MIDDLETOWN AND M-ARK PROJECT, INC.,
the Defendants, Case No. 567/2017 (N.Y. Sup. Ct., July 6, 2017).
The case is assigned to the Hon. Judge John F. Lambert.
Middletown is a town in New Castle County, Delaware, United
States.[BN]
The Plaintiff is represented by:
Michael H. Sheehan, Esq.
P.O. Box 121
Roxbury, NY 12474
Telephone: (607) 326 3206
The Defendant is represented by:
Carl Patrick Davis, Esq.
Michael Finberg, Esq.
Jake Rosa, Esq.
Kenneth Taylor, Esq.
Brian Sweeney, Esq.
M-ARK PROJECT, INC. SRL
MILK BAR: Faces "Matzura" Suit in Southern Dist. of New York
------------------------------------------------------------
A class action lawsuit has been filed against Milk Bar, Inc. The
case is entitled as Steven Matzura and on behalf of all other
persons similarly situated, the Plaintiff, v. Milk Bar, Inc., Case
N 1:17-cv-05030 (S.D.N.Y., July 5, 2017).
Milk Bar is a chain of dessert and bakery restaurants.[BN]
The Plaintiff is represented by:
Justin Alexander Zeller, Esq.
THE LAW OFFICE OF JUSTIN A. ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007
Telephone: (212) 229 2249
Facsimile: (212) 229 2246
E-mail: Jazeller@zellerlegal.com
MONAVIE INC: Faces "Harbut" Suit in District of Utah
----------------------------------------------------
The class action lawsuit titled Adam Parker and Andrew Harbut, on
behalf of themselves and all others similarly situated, the
Plaintiffs, v. Monavie Inc., Monavie LLC, and Juicey Acai LLC,
Case No. 5:12-cv-01983, was removed on July 11, 2017 from the U.S.
District Court for the Central District of California, to the U.S.
District Court for District of Utah (Central). The District Court
Clerk assigned Case No. 2:17-cv-00764-DBP to the proceeding. The
case is assigned to the Hopn. Magistrate Judge Dustin B. Pead.
MonaVie LLC manufactures and sells nutritional products to health
and wellness industry in the United States and internationally. It
offers fitness, weight management, energy, and stress management
products, as well as health juices.[BN]
MONITECH INC: "Cottle" Suit Sues over Ignition Interlock Device
---------------------------------------------------------------
JESSICA COTTLE, on behalf of herself and others similarly
situated, the Plaintiff, v. MONITECH, INC., the Defendant, Case
No. 7:17-cv-00137-BO (E.D.N.C., July 3, 2017), seeks award,
reasonable costs and attorneys' fees incurred in this action,
including expert fees, pursuant to the Consumer Leasing Act.
Defendant offers "a fully integrated ignition interlock device
program including manufacturing, installation, service and
comprehensive monitoring and reporting".
According to the complaint, Defendant's lease agreements with
Plaintiff and all putative class members are defective for the
same exact reasons: they do not provide the segregated disclosures
required by the CLA and Regulation M in a manner substantially
similar to that prescribed by the Board of Governors of the
Federal Reserve System (Board) - the government agency charged
with oversight of the Consumer Leasing Act until the creation of
the Consumer Financial Protection Bureau in 2011.
The Defendant engineers, manufactures, and installs ignition
interlock devices, which "prevent a vehicle from operating if
[one's] blood alcohol content exceeds the legal limit established
by the state. The Defendant leases its ignition interlock devices
to drivers throughout the state of North Carolina through use of
"consumer leases" as defined under the CLA.[BN]
The Plaintiff is represented by:
Wesley S. White, Esq.
LAW OFFICES OF WESLEY S. WHITE
2300 E. 7th Street, Suite 101
Charlotte, NC 28204
Telephone: (702) 824 1695
E-mail: wes@weswhitelaw.com
- and -
Jesse S. Johnson, Esq.
GREENWALD DAVIDSON RADBIL PLLC
5550 Glades Road, Suite 500
Boca Raton, FL 33431
Telephone: (561) 826 5477
Facsimile: (561) 961 5684
E-mail: jjohnson@gdrlawfirm.com
MOON VALLEY: Lopez Seeks OT & Minimum Wages under Labor Code
------------------------------------------------------------
JOSE A HONORATO LOPEZ, an individual, on behalf of himself and all
others similarly situated, the Plaintiff, v. MOON VALLEY NURSERY,
INC., an Arizona Corporation; MOON MOUNTAIN FARMS
LLC, a California Limited Liability Company; LB PALM GROWERS LLC,
a California Limited Liability Company, and DOES 1 through 100,
the Defendants, Case No. BC668101 (Cal. Super. Ct., July 11,
2017), seeks to recover overtime wages and minimum wages under
California Labor Code.
The Plaintiff routinely worked in excess of 8 hours per workday
and/or more than 40 hours per workweek, but did not receive
overtime compensation equal to one and one-half times his regular
rate of pay for working overtime hours. Specifically, Defendants
have a policy/procedure of misclassifying their nonexempt nursery
workers as agricultural workers subject to the overtime
requirements of Wage Order 14, so as not to pay Plaintiff and
other non-exempt employees overtime for hours worked in excess of
8 hours per workday and/or 40 hours in a workweek. Rather,
Defendants only paid Plaintiff and other non-exempt employees
overtime for hours work in excess of 10 hours per workday and/or
more than 60 hours per workweek, presumably because Defendants
contend that Plaintiff and the putative class are covered by Wage
Order 14.
Moon Valley operates retail and wholesale tree and plant
nurseries.[BN]
The Plaintiff is represented by:
Paul K. Haines, Esq.
Tuvia Korobkin, Esq.
Sean M. Blakely, Esq.
Daniel J. Brown, Esq.
HAINES LAW GROUP, APC
2274 East Maple Ave.
El Segundo, CA 90245
Telephone: (424) 292 2350
Facsimile: (424) 292 2355
E-mail: phaines@haineslawgroup.com
tkorobkin@haineslawgroup.com
sblakely@haineslawgroup.com
dbrown@haineslawgroup.com
NATIONWIDE LIFE: Faces "Schmitt" Suit Over Unreasonable Fees
------------------------------------------------------------
Alana Schmitt, Individually and as representatives of a class of
participants and beneficiaries on behalf of the Andrus Wagstaff,
PC 401(k) Profit Sharing Plan and all other similarly situated
individual account retirement plans v. Nationwide Life Insurance
Company c/o Corporation Service Company 50 West Broad Street Suite
1330 Columbus, OH 43215, Nationwide Bank c/o W. Sidney Druen, One
Nationwide Plz Columbus, OH 43216, Nationwide Bank c/o Corporation
Service Company 50 West Broad Street Suite 1330 Columbus OH 43215,
Nationwide Trust Company, FSB c/o Corporation Service Company 50
West Broad Street Suite 1330 Columbus OH 43215, and Nationwide
Trust Company, FSB c/o W. Sidney Druen One Nationwide Plz
Columbus, OH 43216, Case No. 2:17-cv-00558-ALM-KAJ (S.D. Ohio,
June 27, 2017), seeks the return of excessive and
unreasonable asset-based fees charged by Nationwide for
recordkeeping and administrative services, and to prevent
Nationwide from charging those excessive fees in the future.
Nationwide Life Insurance Company is a mutual life insurance
company with its principal place of business in Columbus, Ohio,
and provides administrative services to qualified retirement
plans.
Nationwide Bank is a federally charted bank with its principal
place of business in Columbus, Ohio.
Nationwide Trust Company, FSB is a division of Nationwide Bank,
with its principal place of business in Columbus, Ohio. [BN]
The Plaintiff is represented by:
John A. Smalley, Esq.
DYER, GAROFALO, MANN & SCHULTZ
131 N. Ludlow Street Suite 1400
Dayton, OH 45402
Telephone: (937) 223-8888
Facsimile: (937) 226-9436
E-mail: jsmalley@dgmslaw.com
- and -
Frank Azar, Esq.
Paul R. Wood, Esq. F
FRANKLIN D. AZAR & ASSOCS.
14426 East Evans Ave
Aurora, CO 80014
Telephone: (303)-757-3300
Facsimile: (303)-757-3206
E-mail: woodp@fdazar.com
NEANY INC: Accused by "Davis" Suit of Not Paying Earned Wages, OT
-----------------------------------------------------------------
ELIZABETH ANNE DAVIS, Individually and on Behalf of All Others
Similarly Situated and MARK HIGUERA, Individually and on Behalf of
All Others Similarly Situated v. NEANY, INC., Case No. 8:17-cv-
01862-TDC (D. Md., July 6, 2017), alleges that the Defendant's
failure to pay employees their earned wages and overtime
compensation has been deliberate and violates the Fair Labor
Standards Act.
Neany is a defense contractor headquartered in Hollywood,
Maryland. In addition to Maryland, it has operations in Arizona,
Florida, California, and Virginia. Neany provides UAV services on
various programs with the U.S. military, including the Army and
Navy.
More specifically, Neany is dedicated to creating next generation
tactical surveillance aeronautical solutions designed to support
the war-fighter and protect and secure the homeland. The Company
focuses on military avionics systems, unmanned aerial vehicles,
unmanned aerial systems, surveillance and video/imagery solutions.
UAV are more commonly known as "drones."[BN]
The Plaintiffs are represented by:
Jeffrey R. Bloom, Esq.
LAW OFFICES OF JEFFREY R. BLOOM, LLC
11821 Parklawn Drive, Suite 220
Rockville, MD 20852
Telephone: (240) 499-8804
Facsimile: (240) 235-4418
E-mail: jbloom@jrbfirm.com
- and -
Peter R. Rosenzweig, Esq.
KLEINBARD LLC
One Liberty Place, 46th Floor
1650 Market Street
Philadelphia, PA 19103
Telephone: (267) 443-4120
Facsimile: (215) 568-0140
E-mail: prosenzweig@kleinbard.com
NEW TELECOM: "Lin" Suit Alleges Violations of FLSA, NY Labor Law
----------------------------------------------------------------
HONG LIN, INDIVIDUALLY AND ON BEHALF OF ALL OTHER EMPLOYEES
SIMILARLY SITUATED, Plaintiffs, against NEW TELECOM, INC. d/b/a
FLUSHING INN, ABC CORP. d/b/a FLUSHING INN, ZEMING CHENG a.k.a
"DAVID" CHENG, and YU ZHANG, Defendants, Case No. 1:17-cv-04030
(E.D.N.Y., July 6, 2017), alleges that Defendants have willfully
and intentionally committed widespread violations of the Fair
Labor Standards Act, and the New York Labor Law by engaging in a
pattern and practice of failing to pay their employees, including
Plaintiff, overtime compensation for all hours worked over forty
(40) each workweek.
Defendant ABC, Corp. d/b/a Flushing Inn is the successor to New
Telecom Inc., and it owns and operates a hotel business.
Plaintiff Hong Lin is a resident of Queens and was employed as a
Hotel Worker.[BN]
The Plaintiff is represented by:
Jian Hang, Esq.
HANG & ASSOCIATES, PLLC
136-18 39th Avenue, Suite 1003
Flushing, NY, 11354
Phone: (718)353-8588
E-mail: jhang@hanglaw.com
NORDSTROM INC: Faces "Matzura" Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Nordstrom, Inc. The
case is captioned as Steven Matzura, and on behalf of all other
persons similarly situated, the Plaintiff, v. Nordstrom, Inc., the
Defendant, Case No. 1:17-cv-05036 (S.D.N.Y., July 5, 2017).
Nordstrom, Inc. is an American chain of luxury department stores
headquartered in Seattle, Washington, Chicago, Illinois and New
York City, New York.[BN]
The Plaintiff appears pro se.
NOW HEALTH: Faces "Yee" Suit in Eastern District of New York
------------------------------------------------------------
A class action lawsuit has been filed against Now Health Group,
Inc. The case is styled as Yee Ting Lau, on behalf of herself and
others similarly situated, the Plaintiff, v. Now Health Group,
Inc., the Defendant, Case No. 1:17-cv-03992 (E.D.N.Y., July 5,
2017).
Now Healthcare is the world's premier telehealth organization.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, 2nd floor
New York, NY 10016
Telephone: (212) 465 1188
Facsimile: (212) 465 1181
E-mail: cklee@leelitigation.com
PARDO'S GRILL: "Albero" Suit Seeks to Recover Unpaid Overtime
-------------------------------------------------------------
PAOLA ALBERO, on behalf of herself and all others similarly
situated v. PARDO'S GRILL CAFE, INC. d/b/a CEVICHE 7 MARES
PERUVIAN FOOD and EULOGIO EMILIANO BENITEZ FERNANDEZ,
individually, Case No. 1:17-cv-22511-RNS (S.D. Fla., July 6,
2017),), arises under the Fair Labor Standards Act and the Florida
Minimum Wage Act.
Ms. Albero worked for the Defendants as a server/bar tender from
on or about July 21, 2015, through February 19, 2017. She seeks
to recover minimum wages under either state or federal law, unpaid
overtime compensation under the FLSA, and liquidated damages and
reasonable attorney's fees and costs under both laws.
Pardo's Grill Cafe, Inc., doing business as Ceviche 7 Mares
Peruvian Food, is a Florida corporation, which operates a
restaurant and bar located in Miami, Florida. Eulogio Emiliano
Benitez Fernandez is the President and majority shareholder of
PGC.[BN]
The Plaintiff is represented by:
Leslie W. Langbein, Esq.
LANGBEIN & LANGBEIN, P.A.
8181 NW 154th Street, Suite 105
Miami Lakes, FL 33016
Telephone: (305) 556-3663
Facsimile: (305) 556-3647
E-mail: langbeinpa@bellsouth.net
PARK IT: "Rodriguez" Suit Seeks Unpaid OT under FLSA
----------------------------------------------------
JUAN RODRIGUEZ, on behalf of himself, Fair Labor Standards Act
Collective Plaintiffs and the Class, the Plaintiff, v. PARK IT
MANAGEMENT CORP. d/b/a PARK IT MANAGEMENT, P.I.M. ASSOCIATES INC.
d/b/a PARK IT MANAGEMENT, JOHN DOE CORPS. 1-31 d/b/a PARK IT
MANAGEMENT and GARY SPINDLER, the Defendants, Case No. 1:17-cv-
04995 (S.D.N.Y., July 3, 2017), seeks to recover unpaid overtime
compensation due to time-shaving, liquidated damages, and
attorneys' fees and costs, pursuant to the Fair Labor Standards
Act and the New York Labor Law.
According to the complaint, the Plaintiff and the other FLSA
Collective Plaintiffs are and have been similarly situated, have
had substantially similar job requirements and pay provisions, and
are and have been subjected to Defendants' decisions, policies,
plans, programs, practices, procedures, protocols, routines, and
rules, all culminating in a willful failure and refusal to pay
them the overtime compensation due to time-shaving.
Defendants operate a car park enterprise under the trade name
"Park It Management".[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Telephone: (212) 465 1188
Facsimile: (212) 465 1181
PAYWARD INC: Faces "Clark" Suit in Middle District of Florida
-------------------------------------------------------------
A class action lawsuit has been filed against Payward, Inc. The
case is captioned as Christopher Clark, Peter Buckingham,
Stanislav Klugman, Badruz Jaman, and Maayan Keshet, individually
and o/b/o others similarly situated, the Plaintiffs, v. Payward,
Inc., doing business as: Kraken a Delaware corporation, the
Defendant, Case No. 8:17-cv-01623-RAL-TGW (M.D. Fla., July 5,
2017). The case is assigned to the Hon. Judge Richard A. Lazzara.
Kraken is a prominent bitcoin exchange operating in Canada, the
EU, Japan, and the US, and "the world's largest bitcoin exchange
in euro volume and liquidity". It currently has oversight of Mt.
Gox claims for lost bitcoins.[BN]
The Plaintiffs are represented by:
David Silver, Esq.
Jason Stuart Miller, Esq.
SILVER LAW GROUP
11780 W Sample Rd., Ste 103
Coral Springs, FL 33065
Telephone: (202) 457 6539
Facsimile: (202) 457 6513
E-mail: dsilver@silverlaw.com
JMiller@silverlaw.com
- and -
Marc A Wites, Esq.
WITES & KAPETAN, PA
4400 N Federal Hwy
Lighthouse Point, FL 33064
Telephone: (954) 570 8989
Facsimile: (954) 354 0205
E-mail: mwites@wklawyers.com
PHOENIX FINANCIAL: Faces "Tropp" Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Phoenix Financial
Services LLC. The case is captioned as Udy Tropp, on behalf of
himself and all others similarly situated, the Plaintiff, v.
Phoenix Financial Services LLC, the Defendant, Case No. 1:17-cv-
04135 (E.D.N.Y., July 12, 2017).
Phoenix Financial offers investment banking and financial advisory
services to public and private growth companies and middle
market.[BN]
The Plaintiff appears pro se.
PLAIN GREEN: Faces "Gibbs" Suit in Eastern District of Virginia
---------------------------------------------------------------
A class action lawsuit has been filed against Plain Green, LLC.
The case is captioned as Darlene Gibbs, Stephanie Edwards, Lula
Williams, Patrick Inscho, and Lawrence Mwethuku, on behalf of
themselves and all individuals similarly situated, the Plaintiffs,
v. Plain Green, LLC and Great Plains Lending, LLC, the Defendants,
Case No. 3:17-cv-00495-MHL (E.D. Va., July 11, 2017). The case is
assigned to the Hon. District Judge M. Hannah Lauck.
Plain Green is a lender for getting fast, easy loans & emergency
cash online.[BN]
The Plaintiffs are represented by:
Kristi Cahoon Kelly, Esq.
Andrew Joseph Guzzo, Esq.
KELLY & CRANDALL PLC
3925 Chain Bridge Road, Suite 202
Fairfax, VA 22030
Telephone: (703) 424 7570
Facsimile: (703) 591 0167
E-mail: kkelly@kellyandcrandall.com
aguzzo@kellyandcrandall.com
- and -
Craig Carley Marchiando, Esq.
Elizabeth W. Hanes, Esq.
Leonard Anthony Bennett, Esq.
CONSUMER LITIGATION ASSOCIATES
763 J. Clyde Morris Boulevard, Suite 1-A
Newport News, VA 23601
Telephone: (757) 930 3660
Facsimile: (757) 930 3662
E-mail: craig@clalegal.com
elizabeth@clalegal.com
lenbennett@clalegal.com
- and -
James Wilson Speer, Esq.
VIRGINIA PROVERTY LAW CENTER
919 East Main Street, Suite 610
Richmond, VA 23219
Telephone: (804) 782 9430
Facsimile: (804) 649 0974
E-mail: jay@vplc.org
PLAN BENEFIT SERVICES: Accused by Chavez Suit of Violating ERISA
----------------------------------------------------------------
Heriberto Chavez; Evangelina Escarcega, as the legal
representative of her son, Jose Escarcega; and Jorge Moreno v.
Plan Benefit Services, Inc.; Fringe Insurance Benefits, Inc.; and
Fringe Benefit Group, Case No. 1:17-cv-00659 (W.D. Tex., July 6,
2017), alleges violations of the Employee Retirement Income
Security Act.
By imposing sky-high administrative costs, the Defendants enriched
themselves at the expense of the Trusts' participating employee
benefit plans and the employees, who receive their retirement and
healthcare benefits through those plans, the Plaintiffs contend.
More than 125,000 workers, most of them in the construction
industry, receive pension and welfare benefits through the
Contractors and Employees Retirement Trust and the Contractors
Plan Trust (the "Trusts"), according to the complaint.
Plan Benefit Services, Inc. and Fringe Insurance Benefits, Inc.,
provide administrative and marketing services to the Trusts. The
Defendants charge workers fees for those services on top of the
costs of the workers' benefits. Fringe Benefit Group is the
parent company of Defendants Plan Benefit Services, Inc., and
Fringe Insurance Benefits, Inc. Fringe Benefit Group is
headquartered in Austin, Texas.[BN]
The Plaintiffs are represented by:
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
- and -
Catha Worthman, Esq.
Nina Wasow, Esq.
FEINBERG, JACKSON, WORTHMAN, & WASOW, LLP
383 4th Street
Oakland, CA 94607
Telephone: (510) 269-7998
Facsimile: (510) 269-7994
E-mail: catha@feinbergjackson.com
nina@feinbergjackson.com
- and -
Jonathan Weissglass, Esq.
ALTSHULER BERZON LLP
177 Post Street, Suite 300
San Francisco, CA 94108
Telephone: (415) 421-7151
Facsimile: (415) 362-8064
E-mail: jweissglass@altshulerberzon.com
PORTFOLIO RECOVERY: Faces "Emerson" Suit Over Violations of FDCPA
-----------------------------------------------------------------
Joanne Emerson, individually and on behalf of all others similarly
situated v. Portfolio Recovery Associates, LLC, a Delaware limited
liability company, Case No. 1:17-cv-02301-LJM-MPB (S.D. Ind., July
6, 2017), is brought under the Fair Debt Collection Practices Act
for a finding that the Defendant's form of debt collection letter
violated the FDCPA. The Plaintiff also seeks to recover damages.
Portfolio Recovery Associates, LLC, is a Delaware limited
liability company that acts as a debt collector. PRA operates a
nationwide debt collection business and attempts to collect debts
from consumers in virtually every state, including consumers in
the state of Indiana.[BN]
The Plaintiff is represented by:
David J. Philipps, Esq.
Mary E. Philipps, Esq.
Angie K. Robertson, Esq.
PHILIPPS & PHILIPPS, LTD.
9760 S. Roberts Road, Suite One
Palos Hills, IL 60465
Telephone: (708) 974-2900
Facsimile: (708) 974-2907
E-mail: davephilipps@aol.com
mephilipps@aol.com
angiekrobertson@aol.com
- and -
John T. Steinkamp, Esq.
JOHN STEINKAMP & ASSOCIATES, P.C.
5214 S. East Street, Suite D1
Indianapolis, IN 46227
Telephone: (317) 780-8300
Facsimile: (317) 217-1320
E-mail: steinkamplaw@yahoo.com
PORTFOLIO RECOVERY: Faces "Zaynullina" Suit in E.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Portfolio Recovery
Associates, LLC. The case is entitled as Yara Zaynullina, on
behalf of herself and all others similarly situated, the
Plaintiff, v. Portfolio Recovery Associates, LLC, the Defendant,
Case No. 1:17-cv-04086 (E.D.N.Y., July 10, 2017).
PRA is a publicly traded debt buyer based in Norfolk,
Virginia.[BN]
The Plaintiff appears pro se.
PROMINIS MEDICAL: Kiler Sues over Discrimination to Blind People
----------------------------------------------------------------
MARION KILER, on behalf of herself and all others similarly
situated, the Plaintiff, v. PROMINIS MEDICAL SERVICES, P.C., the
Defendant, Case No. 513385/2017 (Cal. Super. Ct., July 11, 2017),
seeks to put an end to systemic civil rights violations committed
by Defendant against the blind in New York State and across the
United States.
According to the complaint, the Defendant is denying blind
individuals throughout the United States equal access to the goods
and services Prominis provides to their non-disabled customers
through http://www.Prominis.com/ Prominis.com provides to the
public a wide array of the goods, services, price discounts,
employment opportunities and other programs offered by Prominis.
Yet, Prominis.com contains access barriers that make it difficult,
if not impossible, for blind customers to use the website. In
fact, the access barriers make it impossible for blind users to
even complete a transaction on the website. Prominis thus excludes
the blind from the full and equal participation in the growing
Internet economy that is increasingly a fundamental part of the
common marketplace and daily living. In the wave of technological
advances in recent years, assistive computer technology is
becoming an increasingly prominent part of everyday life, allowing
blind people to fully and independently access a variety of
services, including online shopping.
The Plaintiff is a blind individual. He brings this civil rights
class action against Defendant for failing to design, construct,
and/or own or operate a website that is fully accessible to, and
independently usable by, blind people.
Prominis Medical Services offers primary care, diagnostic services
and specialists.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Telephone: (212) 465 1180
Facsimile: (212) 465 1181
PUR PAC: "Zhang" Suit Seeks Unpaid Wages & Overtime under FLSA
--------------------------------------------------------------
QI ZHANG, on behalf of himself and others similarly situated,
Plaintiff, v. PUR PAC INC., AH WEI, EVA HUI YAN MA a/k/a Eva Ma
a/k/a Eva Hui Ma a/k/a Eva Hui Y Ma, and JAMIE YU a/k/a Jamie M.
Yu, the Defendants, Case No. 1:17-cv-03903-DLI-PK (S.D.N.Y., June
29, 2017), seeks to recover unpaid wages, including unpaid minimum
wages, unpaid overtime, liquidated damages, prejudgment and post-
judgment interest; and/or attorneys' fees and costs under the Fair
Labor Standards Act and the New York Labor Law.
According to the complaint, the Defendants have willfully and
intentionally committed widespread violations of the FLSA, NYLL,
and NYCRR by engaging in a pattern and practice of failing to pay
their employees, including Plaintiff, minimum wage for each hour
worked overtime for all hours worked in excess of 40 in each
workweek, and spread-of-hours for all hours worked in excess of 10
in each workday. The Defendants willfully failed to record all of
the time that Plaintiff and similarly situated employees work or
worked, including time worked in excess of 40 hours per week.
Pur Pac is in the family restaurants business.[BN]
The Plaintiff is represented by:
John Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Blvd., Suite 119
Flushing, NY 11355
Telephone: (718) 762 1324
E-mail: johntroy@troypllc.com
PURE STORAGE: Fails to Pay Proper Overtime, "Harsaghy" Suit Says
----------------------------------------------------------------
JOEY HARSAGHY, individually and on behalf of all others similarly
situated v. PURE STORAGE, INC., a Delaware Corporation; SECURE
TALENT, INC., a California Corporation; and DOES 1-100, inclusive,
Case No. 17CV312254 (Cal. Super. Ct., Santa Clara Cty., June 26,
2017), alleges that the Defendants intentionally misclassified the
Plaintiff and the Class Members as "contingent workers" and for
years unlawfully failed to adequately compensate them for all
hours worked by failing to pay minimum wage for all hours, and
failing to pay for all hours worked, including overtime hours at a
premium rate.
Pure Storage, Inc., engages in building a data platform that
enables businesses to enhance performance and reduce complexity
and costs worldwide. Secure Talent is a staffing agency. During
the Class Period, Pure Storage worked with Staffing Agencies,
including Secure Talent, to engage and employ Contract Recruiters
as "contingent workers" to work exclusively for Pure Storage in
California.[BN]
The Plaintiff is represented by:
Matthew S. Da Vega, Esq.
Matthew H. Fisher, Esq.
DA VEGA FISHER MECHTENBERG LLP
232 E. Anapamu St.
Santa Barbara, CA 94085
Telephone: (805) 232-4471
Facsimile: (877) 535-9358
E-mail: mfisher@mdmflaw.com
mdavega@mdmflaw.com
PURCHASING POWER: "Matthews" Suit Moved to District of Maryland
---------------------------------------------------------------
The class action lawsuit titled Marion Matthews, individually and
on behalf of all others similarly situated, the Plaintiff, v.
Purchasing Power, LLC, the Defendant, Case No. 24-C-17-003013, was
removed on July 12, 2017 from the Circuit Court for Baltimore
City, to the U.S. District Court for the District of Maryland
(Baltimore). The District Court Clerk assigned Case No. 1:17-cv-
01942-ELH to the proceeding. The case is assigned to the Hon.
Judge Ellen L. Hollander.
Purchasing Power offers purchase programs for employers and
organizations, and the federal government.[BN]
The Plaintiff is represented by:
E David Hoskins, Esq.
Steven B. Isbister, Esq.
THE LAW OFFICES OF E DAVID HOSKINS LLC
16 E. Lombard Street, Suite 400
Baltimore, MD 21202
Telephone: (410) 662 6500
Facsimile: (410) 662 7800
E-mail: davidhoskins@hoskinslaw.com
stevenisbister@hoskinslaw.com
- and -
Kathleen Hyland, Esq.
HYLAND LAW FIRM, LLC
16 E Lombard Street, Suite 400
Baltimore, MD 21202
Telephone: (410) 777 5396
Facsimile: (410) 777 8237
E-mail: kat@lawhyland.com
The Defendant is represented by:
Edward Hutchinson Robbins, Jr., Esq.
Zachary Schultz, Esq.
MILES AND STOCKBRIDGE PC
100 Light St
Baltimore, MD 21202
Telephone: (410) 385 3408
Facsimile: (410) 698 4518
E-mail: erobbins@milesstockbridge.com
zschultz@milesstockbridge.com
QUALITY RECOVERY: "Smith" Suit Moved to Western Dist. of Oklahoma
-----------------------------------------------------------------
The class action lawsuit titled Casson Ray Smith and Sarah Marie
Smith, on behalf of themselves and all others similarly situated,
the Plaintiff, v. Quality Recovery Services, Inc., a Georgia
corporation, the Defendant, Case No. 4:17-cv-00387, originally
filed on July 3, 2017, was removed on July 5, 2017 from the U.S.
District Court for the Northern District of Oklahoma, to the U.S.
District Court for the Western District of Oklahoma (Oklahoma
City). The Western District Court Clerk assigned Case No. 5:17-cv-
00715-M to the proceeding. The case is assigned to the Hon. Vicki
Miles-LaGrange.
The Defendant is a professional towing service company.
Quality Recovery is a debt collection firm.[BN]
The Plaintiff is represented by:
Robert W Murphy, Esq.
1212 SE 2nd Ave
Ft Lauderdale, FL 33316-1808
Telephone: (954) 763 8660
Facsimile: (954) 763-8607
E-mail: rphyu@aol.com
- and -
Victor R. Wandres, Esq.
PARAMOUNT LAW
4835 S Peoria Ave., Suite One
Tulsa, OK 74105
Telephone: (918) 200 9272
Facsimile: (918) 895 9774
E-mail: victor@paramount-law.net
QUALITY RECOVERY: Faces "Higgins" Suit in N.D. Georgia
------------------------------------------------------
A class action lawsuit has been filed against Quality Recovery
Services, Inc. The case is captioned as Tabetha-Jennie Higgins,
individually and on behalf of all others similarly situated, the
Plaintiff, v. Quality Recovery Services, Inc. and John Does 1-25,
the Defendants, Case No. 1:17-cv-02581-WSD-JSA (N.D. Ga., July 10,
2017). The case is assigned to the Hon. Judge William S. Duffey,
Jr.
Quality Recovery provides addiction recovery services.[BN]
The Plaintiff is represented by:
Misty Ann Oaks, Esq.
THE OAKS FIRM
3515 Charlston Court
Decatur, GA 30034
Telephone: (404) 725 5697
E-mail: attyoaks@yahoo.com
- and -
Yitzchak Zelman, Esq.
MARCUS ZELMAN, LLC
1500 Allaire Avenue, Suite 101
Ocean, NJ 07712
Telephone: (845) 367 7146
Facsimile: (732) 298 6256
REGIS CORPORATION: Faces "Matzura" Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Regis Corporation.
The case is captioned as Steven Matzura, and on behalf of all
other persons similarly situated, the Plaintiff, v. Regis
Corporation, the Defendant, Case No. 1:17-cv-05033 (S.D.N.Y., July
5, 2017).
Regis Corporation is an American operator of hair salons, and the
largest such chain in the world, with over 10,000 salons. It has
its headquarters in Edina, Minnesota.[BN]
The Plaintiff is represented by:
Justin Alexander Zeller, Esq.
THE LAW OFFICE OF JUSTIN A. ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007
Telephone: (212) 229 2249
Facsimile: (212) 229 2246
E-mail: Jazeller@zellerlegal.com
RICARDO LLC: "Quiros" Suit Seeks to Recover Unpaid Wages
--------------------------------------------------------
Marlon Quiros, on behalf of himself, FLSA Collective Plaintiffs
and the Class v. Ricardo LLC d/b/a Ricardo Steak House, James
Mateus and Edward Mateus, Case No. 1:17-cv-04829 (S.D.N.Y., June
27, 2017) seeks to recover unpaid minimum wages, unpaid overtime,
liquidated damages and attorneys' fees and costs pursuant to the
Fair Labor Standards Act.
The Defendants own and operate Ricardo Steak House restaurant
located at 2145 Second Avenue, New York, NY 10029. [BN]
The Plaintiff is represented by:
Anne Melissa Seelig, Esq.
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, 2nd Floor
New York, NY 10016
Telephone: (212) 465-1124
Facsimile: (212) 465-1181
E-mail: anne@leelitigation.com
cklee@leelitigation.com
RICHELLE C. LESTER: Faces "Harris" Suit in E.D. Michigan
--------------------------------------------------------
A class action lawsuit has been filed against Law Office of
Richelle C. Lester, PLLC. The case is styled as Patrick Harris
and Julia Davis-Harris, on behalf of themselves and all other
similarly situated, the Plaintiff, v. Law Office of Richelle C.
Lester, PLLC, the Defendant, Case No. 2:17-cv-12244-AJT-SDD (E.D.
Mich., July 11, 2017). The case is assigned to the Hon. District
Judge Arthur J. Tarnow.[BN]
The Plaintiff is represented by:
Daniel J. Sweda, Esq.
DANIEL J. SWEDA ASSOC (SOUTHFIELD)
21650 W. Eleven Mile Rd., Suite 200
Southfield, MI 48076
Telephone: (248) 353 6726
Facsimile: (248) 353 5243
E-mail: dsweda@swedalaw.com
SAFETY INSURANCE: Faces "McGilloway" Class Suit in Massachusetts
----------------------------------------------------------------
JARRETT MCGILLOWAY, on behalf of himself and all others similarly
situated v. SAFETY INSURANCE COMPANY, Case No. 17-2089 H (Mass.
Super. Ct., Suffolk Cty., June 26, 2017), seeks to recover damages
arising from Safety's alleged willful and knowing unlawful
practice and policy of refusing and failing to tender amounts to
third-party claimants for diminution in value of their
automobiles, in violation of Massachusetts Law.
Safety Insurance Company is an insurance company with a principal
office located in Boston, Massachusetts. Safety provides
professional and personal insurance to individual consumers
throughout Massachusetts.[BN]
The Plaintiff is represented by:
Kevin J. McCullough, Esq.
John R. Yasi, Esq.
Michael C. Forrest, Esq.
FORREST, LAMOTHE, MAZOW, MCCULLOUGH, YASI & YASI, P.C.
2 Salem Green, Suite 2
Salem, MA 01970
Telephone: (617) 231-7829
E-mail: kmccullough@forrestlamothe.com
jyasi@forrestlamothe.com
mforrest@forrestlamothe.com
SELIP & STYLIANOU: Faces "Sompolinsky" Suit in E.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Selip & Stylianou,
LLP. The case is captioned as Berel Sompolinsky, on behalf of
himself and all other similarly situated consumers, the Plaintiff,
v. Selip & Stylianou, LLP, the Defendant, Case No. 1:17-cv-04034
(E.D.N.Y., July 6, 2017).
Selip & Stylianou, LLP operates as a law firm.[BN]
The Plaintiff is represented by:
Adam Jon Fishbein, Esq.
ADAM J. FISHBEIN, P.C.
735 Central Avenue
Woodmere, NY 11598
Telephone: (516) 668 6945
E-mail: fishbeinadamj@gmail.com
SERVICOM LLC: Fails to Properly Pay CS Reps, "Langdon" Suit Says
----------------------------------------------------------------
BRENDALYN LANGDON, individually and on behalf of all others
similarly situated v. SERVICOM, LLC, Case No. 3:17-cv-50185 (N.D.
Ill., June 26, 2017), alleges that ServiCom failed to properly
compensate the Plaintiff and other hourly customer service
representatives for all hours worked in excess of 40 in a workweek
at a rate of one and one-half times their respective regular rates
in violation of the Fair Labor Standards Act of 1938 and the
Illinois Minimum Wage Law.
ServiCom, LLC, is a foreign Limited Liability Company with its
principal place of business located in Warren, New Jersey. Since
June 26, 2014, ServiCom has operated locations in Machesney Park
and Rockford, Illinois. ServiCom has provided customer service
and technical support for contracted third party products, such as
SiriusXM Radio and Comcast/Xfinity, at its two Illinois
locations.[BN]
The Plaintiff is represented by:
Ryan F. Stephan, Esq.
STEPHAN ZOURAS, LLP
205 N. Michigan Avenue, Suite 2560
Chicago, IL 60601
Telephone: (312) 233-1550
Facsimile: (312) 233-1560
E-mail: rstephan@stephanzouras.com
- and -
Summer Murshid, Esq.
Larry A. Johnson, Esq.
Timothy Maynard, Esq.
HAWKS QUINDEL, S.C.
222 East Erie, Suite 210
P.O. Box 442
Milwaukee, WI 53201-0442
Telephone: (414) 271-8650
Facsimile: (414) 271-8442
E-mail: smurshid@hq-law.com
ljohnson@hq-law.com
tmaynard@hq-law.com
- and -
Brian H. Mahany, Esq.
MAHANY LAW
P.O. Box 511328
Milwaukee, WI 53202
Telephone: (414) 258-2375
Facsimile: (414) 777-0776
E-mail: brian@mahanylaw.com
SINGH FARM: Faces "Sajvin" Suit in Eastern Dist. of New York
------------------------------------------------------------
A class action lawsuit has been filed against Singh Farm Corp. The
case is entitled as Antonio Sajvin, on behalf of himself and all
others similarly situated, the Plaintiff v. Singh Farm Corp.,
doing business as: Singh Farm, and Avtar Singh, the Defendants,
Case No. 1:17-cv-04032 (E.D.N.Y., July 6, 2017).
Singh Farm is a retail food store licensed by New York State
Department of Agriculture and Markets.[BN]
The Plaintiff appears pro se.
SINOVAC BIOTECH: Faces "Luo" Suit over Federal Securities Laws
--------------------------------------------------------------
SHOUQI LUO, Individually and on behalf of all others similarly
situated, the Plaintiff, v. SINOVAC BIOTECH LTD., WEIDONG YIN,
DANNY CHUNG, NAN WANG, the Defendants, Case No. 2:17-cv-04883
(D.N.J., July 3, 2017), seeks to recover
The case is a federal securities class action on behalf of a class
consisting of all persons and entities other than Defendants who
purchased or otherwise acquired the publicly traded securities of
Sinovac from April 30, 2013 through May 16, 2017, both dates
inclusive. The Plaintiff seeks to recover compensable damages
caused by Defendants' violations of the federal securities laws
and to pursue remedies under the Securities Exchange Act of 1934.
On April 30, 2013, the Company filed a Form 20-F for the fiscal
year ended December 31, 2012 with the Securities and Exchange
Commission, which provided the Company's annual financial results
and position. The 2012 20-F was signed by Defendant Yin. The 2012
20-F also contained signed certifications pursuant to the
Sarbanes-Oxley Act of 2002 by Defendants Yin and Chung attesting
to the accuracy of financial reporting, the disclosure of any
material changes to the Company's internal controls over financial
reporting, and the disclosure of all fraud.
The Plaintiff purchased the Company's securities at artificially
inflated prices during the Class Period and was damaged upon the
revelation of the alleged corrective disclosure.
Sinovac engages in the research, development, manufacture, and
commercialization of vaccines against hepatitis A, hepatitis B,
seasonal influenza, H5N1 and H1N1 pandemic influenza, and mumps in
the People's Republic of China.[BN]
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
609 W. South Orange Avenue, Suite 2P
South Orange, NJ 07079
Telephone: (973) 313 1887
Facsimile: (973) 833 0399
E-mail: lrosen@rosenlegal.com
SNG LAUNDROMAT: Fails to Pay Workers' Social Security, Suit Says
----------------------------------------------------------------
SUYAPA BACA and ARLEX ESCOBAR, the Plaintiff, v. SNG LAUNDROMAT
CORP. d/b/a 24 HR LAUNDROMAT and STEPHEN GREGORETTI, the
Defendants, Case No. 606710/2017 (Cal. Super. Ct., July 11, 2017),
seeks award, actual, compensatory and expectation damages suffered
by Defendants failure to make proper contributions on Plaintiffs'
behalf to Social Security, Workers Compensation, Unemployment
Insurance, New York Disability Insurance, and Medicare, plus pre-
and post- judgment interest at the statutory compounded rate of 9%
per annum.
The Plaintiffs bring this action based upon Defendants'
intentional breach of their fiduciary duties to Plaintiffs.
Specifically, Plaintiffs commenced their employment with
Defendants with the expectation that Defendants would make
contributions to Social Security, Workers' Compensation,
Unemployment Insurance, New York Disability Insurance, and
Medicare on all wages earned. Defendants breached this duty by
failing to pay the contributions on behalf of Plaintiffs
throughout the entirety of their employment.
Further, Plaintiffs bring this action based upon Defendants'
intentional conversion and intentional fraudulent withholdings of
the contributions that should have been made on Plaintiffs'
behalf. Defendants retained benefits and monetary value by
unlawfully retaining payments, which should have been contributed
towards Social Security, Workers' Compensation, Unemployment
Insurance, New York Disability Insurance, and Medicare, thereby
denying Plaintiffs the benefits associated with such programs.[BN]
The Plaintiff is represented by:
Neil M. Frank, Esq.
FRANK & ASSOCIATES, P.C.
500 Bi-County Boulevard, Suite 465
Farmingdale, NY 11735
Telephone: (631) 756 0400
Facsimile: (631) 756 0547
E-mail: Nftank@laborlaws.com
STANARD PARKING: Ortiz Seeks Unpaid Minimum Wage under Labor Code
-----------------------------------------------------------------
ROSA ORTIZ and MANUEL DE GUIA, individually, and on behalf of all
others similarly situated, the Plaintiffs, v. STANARD PARKING
CORPORATION IL, a Corporation doing business in California; and
DOES 1 through 25, inclusive, the Defendants, Case No. BC667294
(Cal. Super. Ct., July 3, 2017), seeks to recover unpaid minimum
wage under California Labor Code.
According to the complaint, the Defendant failed to pay all earned
wages, pay all earned overtime wages, provide permit paid 10
minutes rest periods, and provide 30 minute meal periods.
Stanard Parking provides professional parking management
services.[BN]
The Plaintiffs are represented by:
Peter I. Beck, Esq.
PETER BECK, APLC
3580 Wilshire Blvd., 17th Floor
Los Angeles, CA 90010
Telephone: (213) 637 0120
Facsimile: (213) 637 0246
TAVAERO JET: "Rodriguez" Suit Seeks to Recover Unpaid Wages
-----------------------------------------------------------
Javier Rodriguez, Chris Ortiz, and Troy-Walker Enterprises, LLC
d/b/a Sterling Jet Aviation, on behalf of themselves and all other
persons similarly situated v. Renato Venturini, Marcela White, and
Tavaero Jet Charter Corporation, Case No. 4:17-cv-01974 (S.D.
Tex., June 27, 2017), seeks to recover unpaid wages and
compensation for work performed, liquidated damages, and
attorneys' fees and expenses owed to the Plaintiffs and all other
persons similarly situated, who acted as employees for Tavaero Jet
Charter Corp.
Tavaero Jet Charter Corporation operates an aviation company
located at 4848 Pin Oak Park, Suite 140, Houston, Texas 77081.
[BN]
The Plaintiff is represented by:
Benjamin W. Allen, Esq.
FELDMAN & FELDMAN, P.C.
3355 West Alabama, Suite 1220
Houston, TX 77098
Telephone: (713) 986-9471
Facsimile: (713) 986-9472
E-mail: ben.allen@feldman.law
- and -
Casey T. Wallace, Esq.
FELDMAN & FELDMAN, P.C.
3355 West Alabama, Suite 1220
Houston, TX 77098
Telephone: (713) 986-9471
Facsimile: (713) 986-9472
E-mail: casey.wallace@feldman.law
TRIVIDIA HEALTHCARE: ARcare Suit Moved to S.D. Florida
------------------------------------------------------
The class action lawsuit titled ARcare, Inc., an Arkansas
corporation, on behalf of itself and all others similarly
situated, the Plaintiff, v. Trividia Healthcare Systems, LLC and
Trividia Health, Inc., the Defendants, Case No. CACE-17-008845,
was removed on July 11, 2017 from the 17th Judicial Circuit in and
for Broward County, to the U.S. District Court for Southern
District of Florida (Ft Lauderdale). The District Court Clerk
assigned Case No. 0:17-cv-61382-JIC to the proceeding. The case is
assigned to the Hon. Senior Judge James I. Cohn.
Trividia Health, a consumer health and wellness company, develops,
manufactures, and markets advanced performance products for people
with diabetes.[BN]
The Plaintiff is represented by:
Brian Tse-Hua Ku, Esq.
Louis I. Mussman, Esq.
KU & MUSSMAN P.A.
18501 Pines Blvd., Suite 209-A
Pembroke Pines, FL 33029
Telephone: (305) 891 1322
Facsimile: (305) 891 4512
E-mail: brian@kumussman.com
louis@kumussman.com
The Defendants are represented by:
Jeffrey Aaron Backman, Esq.
GREENSPOON MARDER, P.A.
200 East Broward Blvd., Suite 1500
Fort Lauderdale, FL 33301
Telephone: (954) 491 1120
Facsimile: (954) 213 0140
E-mail: jeffrey.backman@gmlaw.com
VACATIONS TO GO: Misclassifies Travel Agents, "Brown" Suit Claims
-----------------------------------------------------------------
VENITA BROWN & KELLI JOHNSON, on behalf of themselves and all
others similarly situated v. VACATIONS TO GO, INC. & VACATIONS
PUBLICATIONS, INC., Case No. 4:17-cv-02058 (S.D. Tex., July 6,
2017), alleges that the Defendants misclassified the Plaintiffs
and members of the class as "exempt" from overtime under the Fair
Labor Standards Act and, as result, deprived them all of overtime
pay to which they are entitled under the Act.
Vacations To Go, Inc. and Vacations Publications, Inc. are
Delaware corporations with headquarters in Houston, Texas. The
Defendants sell cruises to the public.
The Plaintiffs and Members of the Class are travel agents for
Defendants. They are quintessential "inside sales" employees, who
sell cruises to the public.[BN]
The Plaintiffs are represented by:
Edwin Sullivan, Esq.
Mark J. Oberti, Esq.
OBERTI SULLIVAN LLP
712 Main Street, Suite 900
Houston, TX 77002
Telephone: (713) 401-3555
Facsimile: (713) 401-3547
E-mail: ed@osattorneys.com
mark@osattorneys.com
VOYA RETIREMENT: "Swenson" Suit Transferred to S.D.N.Y.
-------------------------------------------------------
The class action lawsuit filed on February 1, 2017, captioned
Monte Swenson, Wilbur Pace, Noah Pace, Christopher Pace, Louise
Large-Gurin, and Elizabeth Kantor, individually and on behalf of
all others similarly situated v. Voya Retirement Insurance &
Annuity Company, Voya Financial, Inc., Lincoln Life & Annuity
Company of New York, Lincoln National Life Insurance Company, and
Lincoln National Corp., Case No. 2:17-cv-00048, was transferred on
June 27, 2017, from the U.S. District Court for the Eastern
District of Washington to the U.S. District Court for the Southern
District of New York. The District Court Clerk assigned Case No.
1:17-cv-04843-UA to the proceeding.
The case alleges violation of the Racketeer Influenced and Corrupt
Organizations Act (RICO).
The Defendants operate multiple insurance and investment
management businesses through subsidiary companies, with its
principal place of business at 150 North Radnor Chester Road,
Radnor, Pennsylvania 19087. [BN]
The Plaintiff is represented by:
Samuel J. Strauss, Esq.
TURKE & STRAUSS LLP
936 North 34th Street, Suite 300
Seattle, WA 98103-8869
Telephone: (608) 237-1774
Facsimile: (608) 259-9114
E-mail: sam@turkestrauss.com
WABA GRILL: "Alvarez" Suit Seeks Overtime Wages under Labor Code
----------------------------------------------------------------
GERARDO ALVAREZ, on behalf of himself, all others similarly
situated, the Plaintiff, v. WABA GRILL FRANCHISE CORP., BKE
ENTERPRISES, INC., and DOES 1 through 100, the Defendants,
Case No. BC667073 (Cal. Super. Ct., July 3, 2017), seeks to
recover unpaid overtime wages under California Labor Code.
According to the complaint, the Defendants failed to pay all
overtime wages and failed to provide meal and rest periods.
WaBa Grill serves grilled fusion menu items.[BN]
The Plaintiff is represented by:
Brian D. Chase, Esq.
Jerusalem F. Beligan, Esq.
BISNAR CHASE LLP
1301 Dove Street Suite 120
Newport Beach, CA 92660
Telephone: (949) 752 2999
Facsimile: (949) 752 2777
E-mail: bchase@bisnarchase.com
jbeligan@bisnarchase.com
WELTMAN & WEINBERG: "Orlando" Suit Moved to E.D. New York
---------------------------------------------------------
The class action lawsuit titled Michael A. Orlando, On behalf of
himself and all others similarly situated, the Plaintiff v.
Weltman, Weinberg & Reis Co.; LPA, Navient Solutions, Inc.; and
Navient Credit Finance Corporation, Case No. 608806/2017, was
removed on June 19, 2017 from the Supreme Court of the State of
NY, County of Suffolk, to the U.S. District Court for Eastern
District of New York (Central Islip). The District Court Clerk
assigned Case No. 2:17-cv-03884-JFB-GRB to the proceeding. The
case is assigned to the Hon. Judge Joseph F. Bianco.
Weltman & Weinberg provides collection services and legal
representation to creditors.[BN]
The Plaintiff is represented by:
Jared Hale Louzon, Esq.
LAW OFFICE OF SIMON GOLDENBERG, PLLC
818 East 16th Street
Brooklyn, NY 11230
Telephone: (347) 640 4357
E-mail: jlouzon@goldenbergfirm.com
The Defendants are represented by:
Glenn M. Fjermedal, Esq.
DAVIDSON FINK LLP
28 East Main Street, Suite 1700
Rochester, NY 14614
Telephone: (585) 546 6448
Facsimile: (585) 758 5103
E-mail: gfjermedal@davidsonfink.com
WEST CORP: Faces "Wilson" Class Suit Over Proposed Apollo Merger
----------------------------------------------------------------
Michael L. Wilson, individually and on behalf of all others
similarly situated v. West Corp., Thomas B. Barker, Lee Adrean,
Donald M. Casey, Jr., Anthony J. Dinovi, Paul R. Garcia, Laura A.
Grattan, Jeanette A. Horan, Michael A. Huber, Diane E. Offereins,
Gregory T. Sloma, Case No. 8:17-cv-00228 (D. Neb., June 27, 2017),
stems from a proposed transaction announced on May 9, 2017,
pursuant to which West Corporation will be acquired by affiliates
of certain funds managed by affiliates of Apollo Global
Management, LLC, Mount Olympus Holdings, Inc. and Olympus Merger
Sub, Inc. for $23.50 per shareholder's share in cash.
According to the complaint, West Corp. filed a Preliminary Proxy
Statement on Schedule 14A with the U.S. Securities and Exchange
Commission that omits material information with respect to the
Proposed Transaction, which renders the Proxy Statement false and
misleading. Specifically, the Preliminary Proxy Statement fails to
disclose the; (i) "Background of the Merger"; (ii) "Recommendation
of the Board"; (iii) "Reasons for Recommending the Adoption of the
Merger Agreement"; and (iv) "Interests of Directors and Executive
Officers in the Merger."
West Corporation is a global provider of communication and network
infrastructure services. [BN]
The Plaintiff is represented by:
Donald J. Enright, Esq.
Elizabeth K. Tripodi, Esq.
LEVI & KORSINSKY LLP
1101 30th Street NW, Suite 115
Washington, DC 20007
Telephone: (202) 524-4290
E-mail: denright@zlk.com
etripodi@zlk.com
- and -
Jonathan J. Papik, Esq.
CLINE WILLIAMS WRIGHT JOHNSON & OLDFATHER, LLP
12910 Pierce Street, Suite 200
Omaha, NE 68144
Telephone: (402) 397-1700
E-mail: jpapik@clinewilliams.com
WEST OF CHICAGO: Faces "Novak" Suit in Cal. Superior Court
----------------------------------------------------------
A class action lawsuit has been filed against West of Chicago
Restaurants Inc. The case is captioned as Novak, Alexa and
On Behalf of Others Similarly Situated, the Plaintiff, v.
Does 1 - 10; Huseman, Bryan; and West of Chicago Restaurants Inc.,
the Defendants, Case No. 34-2017-00214893-CU-OE-GDS (Cal. Super.
Ct., June 29, 2017).
West of Chicago operates restaurant in Folsom, California.[BN]
The Plaintiff is represented by:
Gary R. Basham, Esq.
BASHAM LAW GROUP
8801 Folsom Boulevard, Suite 177
Sacramento, CA 95826
Telephone: (916) 282 0841
Facsimile: (916) 266 7478
E-mail: gary@bashamlawgroup.com
WESTSIDE MEDICAL: Kiler Sues over Discrimination to Blind People
----------------------------------------------------------------
MARION KILER, on behalf of herself and all others similarly
situated, the Plaintiff, v. WESTSIDE MEDICAL ASSOCIATES LLP, the
Defendant, Case No. 513372/2017 (N.Y. Sup. Ct., July 11, 2017),
seeks to put an end to systemic civil rights violations committed
by Defendant, against the blind in New York State.
According to the complaint, the Defendant is denying blind
individuals throughout New York State equal access to the goods
and services Westside Medical provides to their non-disabled
customers through http://www.Westsidedoctors.com/
Westsidedoctors.com provides to the public a wide array of the
goods, services, testimonials, and other programs offered by the
Westside Medical Center. Yet, Westsidedoctors.com contains
numerous access barriers that make it difficult if not impossible
for blind customers to use the website. In fact, the access
barriers make it impossible for blind users to even complete or
make an appointment on the website. Westside Medical thus excludes
the blind from the full and equal participation in
the growing Internet economy that is increasingly a fundamental
part of the common marketplace and daily living.
The Plaintiff is a blind individual. She brings this civil rights
class action against Defendant for failing to design, construct,
and/or own or operate a website that is fully accessible to, and
independently usable by, blind people.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Telephone: (212) 465 1180
Facsimile: (212) 465 1181
WM. WRIGLEY: "Martin" Suit Moved to Western District of Missouri
----------------------------------------------------------------
The class action lawsuit titled Sharon K. Martin, individually and
on behalf of all others similarly situated in Missouri, the
Plaintiff, v. Wm. Wrigley Jr. Co., the Defendant, Case No. 1716-
CV12857, was removed July 5, 2017 from Circuit Court of Jackson
County, Missouri, to the U.S. District Court for the Western
District of Missouri (Kansas City). The District Court Clerk
assigned Case No. 4:17-cv-00541-NKL to the proceeding. The case is
assigned to the Ho. District Judge Nanette K. Laughrey.
The Wm. Wrigley Jr. Company, known as the Wrigley Company, is an
American chewing gum company founded on April 1, 1891, by William
Wrigley Jr., based in the Global Innovation Center in Goose
Island, Chicago, Illinois.[BN]
The Plaintiff is represented by:
R. John Azimi, Esq.
136 E. Walnut, Suite 300
Independence, MO 64050
Telephone: (816) 716 1120
E-mail: Jazimi@kansascitylawyer.com
The Defendant is represented by:
Carrie Phillips, Esq.
Jeremy M. Suhr, Esq.
GERMAN MAY, PC
1201 Walnut St., 20th Floor
Kansas City, MO 64106
Telephone: (816) 460 3308
Facsimile: (816) 471 2221
E-mail: carriep@germanmay.com
jeremys@germanmay.com
XACTLY CORP: "DePalo" Suit Challenges Merger With Vista Equity
--------------------------------------------------------------
STEVEN DEPALO, individually and on behalf of all others similarly
situated v. XACTLY CORP., CHRISTOPHER W. CABRERA, GERALD S.
CASILLI, NEAL DEMPSEY, LAUREN FLAHERTY, EARL E. FRY, SCOTT
MCGREGOR, CAROL MILLS, DAVID W. PIDWELL, JOHN P. WARD, Case No.
3:17-cv-03838-WHO (N.D. Cal., July 6, 2017), is brought on behalf
of the public stockholders of Xactly for their alleged violations
of the Securities Exchange Act of 1934, arising out of their
attempt to sell the Company to affiliates of Vista Equity Partners
Management, LLC.
On May 30, 2017, Vista and the Company announced that they had
entered into a definitive agreement on May 29, 2017, under which
Excalibur Parent, LLC ("Parent"), through its wholly owned
subsidiary, Excalibur Merger Sub, Inc. ("Merger Sub"), will
acquire all of the outstanding shares of Xactly in an all-cash
transaction. If consummated, Xactly stockholders will receive
$15.65 in cash for each share of Xactly common stock that they
own. The Proposed Transaction has a total value of approximately
$564 million.
Xactly is a corporation organized and existing under the laws of
the state of Delaware. The Company maintains its principal
executive offices in San Jose, California. The Individual
Defendants are directors and officers of the Company. Xactly is a
Software-as-a-Service (SaaS) provider of incentive compensation
solutions for employee and sales performance management which are
designed to optimize employee behavior and align employee goals
with company goals.[BN]
The Plaintiff is represented by:
Rosemary M. Rivas, Esq.
LEVI & KORSINSKY LLP
44 Montgomery Street, Suite 650
San Francisco, CA 94104
Telephone: (415) 291-2420
Facsimile: (415) 484-1294
E-mail: rrivas@zlk.com
- and -
Donald J. Enright, Esq.
Elizabeth K. Tripodi, Esq.
LEVI & KORSINSKY LLP
1101 30th Street NW, Suite 115
Washington, DC 20007
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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.
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