/raid1/www/Hosts/bankrupt/CAR_Public/170926.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, September 26, 2017, Vol. 19, No. 190
Headlines
ABRA AUTO: Sued Over Unlawful Use of Workers' Biometric Data
ATLANTIC CREDIT: DeRosa-Huntley Files Class Suit in E.D.N.Y.
BIZBOOST INC: Abante Rooter Hits Illegal Telemarketing Calls
BUG RUNNER: "Pagan" Suit Moved to Southern District of New York
BURGER KING: Milan Suit Alleges Sweetened Beverages Over-Taxation
CALIFORNIA CINEMA: Faces "Kieslich" Suit in C.D. Calif.
CARIBBEAN CRUISE: Freedom Home Appeals Ruling in "Aranda" Suit
CHICAGO FIT: Illegally Stores Workers Biometric Info, Suit Claims
COOKIE DO: Faces "Canigiani" Suit in S. Dist. of New York
DAVLYN INVESTMENTS: Sued Over Failure to Properly Pay Employees
ECI MANAGEMENT: AEGIS Management Files Suit in N.D. of Georgia
ELECTROLUX HOME: Faces "Stewart" Suit Over Defective Gas Rages
EQUIFAX INC: Faces "Walker" Suit in Alabama Over Security Breach
EQUIFAX INC: Faces "Cuevas" Suit in Cal. Over Security Breach
EQUIFAX INFORMATION: Faces "Hamre" Suit in North Dakota
EQUIFAX INC: Faces "Evans" Suit in N. Dist. Cal.
EQUIFAX INC: Faces "Eppy" Suit in S. Dist. Fla.
FESTIVAL FUN: Anderson Files Class Action in E.D.N.Y.
FIRST CAPITAL: Faces Jfurti LLC Suit in S.D.N.Y.
FORD MOTOR: Third Circuit Appeal Filed in "Coba" Class Suit
FRITO-LAY: Wilson Appeals N.D. California Ruling to Ninth Circuit
GALAXY CARTING: "Dominguez" Class Action Pending in NJ
GOLDEN SHABU: Sued Over Failure to Pay Minimum and OT Wages
GV FREEPORT: Faces "Marrero" Suit in S. Dist. Fla.
HEALTH INSURANCE: Faces "Kkavra" Suit in M. Dist. Fla.
HUMANA INSURANCE: Seventh Circuit Appeal Filed in "Brodsky" Suit
ILLINOIS: "Grant" Action Seeks Mandated Wages Increase
INTERCLOUD SYSTEMS: December 5 Settlement Fairness Hearing Set
INTERSTATE HOTELS: Richardson Moves to Certify Five Classes
LAOS: Hmong I Appeals Ruling in Class Suit Over Wrongful Death
LONG BEACH: Sued in California Over Failure to Provide Meal Break
M&J CONSTRUCTION: "Zaguilan" Suit Seeks to Recover Unpaid Wages
MAGIX LLC: Faces "Tran" Suit over Garcinia Cambogia Products
MANNA LA: Faces "Lee" Discrimination Class Action in Calif.
MED FOODS: Koller Seeks to Certify Classes of Bertolli Purchasers
MED FOODS: Seeks Ninth Circuit Review of Ruling in "Koller" Suit
MEDICAL SOLUTIONS: "Dittman" Seeks Housing and Meal Benefits
MEDNAX INC: Faces "Hinds" Suit in S. Dist. Fla.
MILLER & ASSOCIATES: Faces "Davis-Fisk" Suit in N.D. of New York
MONSANTO COMPANY: Faces Cow-Mil Suit Over Xtend Seed System
MONSANTO COMPANY: Faces "Kearney" Suit Over Roundup(R) Herbicide
MONSANTO COMPANY: Faces Priem Estate Suit Over Roundup(R)
NAC MARKETING: Amkraut Appeals E.D. Cal. Ruling to Ninth Circuit
NATIONAL RECOVERY: Class Certification Sought in "O'Dell" Suit
NESTLE WATERS: Roz's Bid to Certify Class and Sub-Classes Denied
NESTLE WATERS: Faces 2nd Product Labeling Class Suit in Maine
NISSIN FOODS: Sued Over Failure to Properly Pay Employees
PORSCHE CARS: Faces "Swank" Suit Over Defective Camshaft Bolts
PRIMANTI CORPORATION: Koenig Moves for Certification Under FLSA
PRIMANTI CORPORATION: Koenig Seeks Cert. of Tipped Workers Class
PROCTER & GAMBLE: "Colbert" Product Suit Transferred to S.D. Ohio
QUAKER OATS: Seventh Circuit Appeal Filed in "Gibson" Class Suit
RUANE CUNNIFF: Cooper Appeals Order in ERISA Suit to 2nd Cir.
SABATINO'S INC: Faces "Feehley" Suit over Wage and Hour Violation
SAMSUNG ELECTRONICS: "Barnett" Sues Over Defective Cellphone
SAN GABRIEL TEMPORARY: Faces "Hernandez" Wage-and-Hour Suit
SAP AMERICA: "Elwell" Suit in Cal. Seeks to Recover Unpaid Wages
SHAR INVESTMENTS: Faces "Fuentes" Suit in N.D. of Texas
SHOWTIME NETWORKS: "Garcia" Hits Bad Pay-Per-View Live Stream
SOLOMON & SOLOMON: Faces "Fondacaro" Suit in N.D. of New York
SOUTH ARKANSAS YOUTH: Fails to Pay Employees OT, Suit Claims
UNIQLO CALIFORNIA: Seeks 9th Cir. Review of Order in Rivera Suit
UNITED OF OMAHA: Faces "Donnert" Suit in S.D. of Florida
UNITED STATES: Appeals Ruling in "Montrois" Suit to D.C. Circuit
USA: Faces "Hollis" Suit in Court of Federal Claims
*********
ABRA AUTO: Sued Over Unlawful Use of Workers' Biometric Data
------------------------------------------------------------
Randy Fields, individually and on behalf of all others similarly
situated v. Abra Auto Body & Glass LP and Kronos, Incorporated,
Case No. 2017-CH-12271 (Ill. Cir. Ct., September 8, 2017), arises
out of the Defendants' unlawful practice of using an employee time
tracking system that requires employees to use their fingerprint
as a means of authentication without informing its employees of
the extent of the purposes for which it collects their sensitive
biometric data or to whom the data is disclosed.
Abra Auto Body & Glass LP operates auto body and glass repair
shops in Illinois. [BN]
Kronos, Incorporated is in the business of providing biometric
timekeeping devices to private entities in Cook County and
throughout the state. [BN]
The Plaintiff is represented by:
Ryan F. Stephan, Esq.
James B. Zouras, Esq.
Andrew C. Ficzko, Esq.
STEPHAN ZOURAS, LLP
205 N. Michigan Avenue Suite 2560
Chicago, IL 60601
Telephone: (312) 233-1550
Facsimile: (312) 233-1560
E-mail: lawyers@stephanzouras.com
ATLANTIC CREDIT: DeRosa-Huntley Files Class Suit in E.D.N.Y.
------------------------------------------------------------
A class action lawsuit has been filed against Atlantic Credit &
Finance, Inc. The case is styled as Paula DeRosa-Huntley, on
behalf of herself and all others similarly situated, Plaintiff v.
Atlantic Credit & Finance, Inc. and Midland Funding, LLC,
Defendants, Case No. 2:17-cv-05531 (E.D.N.Y., September 20, 2017).
Atlantic Credit & Finance, Inc. purchases and manages unsecured
and consumer-distressed assets. BN]
Midland Funding LLC is one of the nation's largest buyers of
unpaid debt.[BN]
The Plaintiff appears PRO SE.
BIZBOOST INC: Abante Rooter Hits Illegal Telemarketing Calls
------------------------------------------------------------
Abante Rooter and Plumbing Inc., individually and on behalf of all
others similarly situated, Plaintiff, v. Bizboost, Inc. and Does 1
through 10, inclusive, Defendant, Case No. 3:17-cv-05171 (N.D.
Cal., September 6, 2017), seeks injunctive relief, statutory
damages, treble damages and all other relief for violation of the
Telephone Consumer Protection Act, specifically the National Do-
Not-Call provisions.
Abante Rooter and Plumbing is a rooting and plumbing business in
Emeryville, California. It received calls from the Defendant using
an automatic telephone dialing system offering its services. [BN]
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
Phone: (877) 206-4741
Fax: (866) 633-0228
Email: tfriedman@toddflaw.com
mgeorge@toddflaw.com
abacon@toddflaw.com
BUG RUNNER: "Pagan" Suit Moved to Southern District of New York
---------------------------------------------------------------
The class action lawsuit titled Jose Pagan, Anthony Taylor, and
Luis Mercado, individually and on the behalf of others similarly
situated, individually and on the behalf of others similarly
situated, the Plaintiffs, v. Bug Runner Exterminating Company and
Doug Siegel, the Defendants, Case No. 33790/2017, was removed on
Sep. 6, 2017 from New York Supreme, County of Rockland, to the
U.S. District Court for Southern District of New York (Foley
Square). The District Court Clerk assigned Case No. 1:17-cv-06777-
SHS to the proceeding. The case is assigned to the Hon. Judge
Sidney H. Stein.
Bug Runner is a pest control company.[BN]
The Plaintiffs are represented by:
Dwayne Christopher Mason, Esq.
NISAR & MASON, P.C.
570 Lexington Avenue, Suite 1600
New York, NY 10022
Telephone: (212) 600 9534
Facsimile: (718) 228 4062
E-mail: cmason@masonlawpllc.com
The Defendants are represented by:
Marc Wayne Garbar, Esq.
Bertone Piccini LLP
146 West 29th Street, 10th Floor
New York, NY 10001
Telephone: (212) 688 8111
Facsimile: (201) 483 9187
E-mail: mwg@njlawfirm.com
BURGER KING: Milan Suit Alleges Sweetened Beverages Over-Taxation
-----------------------------------------------------------------
Peter Milan, individually and on behalf of all others similarly
situated v. Burger King Corporation, Tri City Foods of Illinois,
Inc., Dwight L. Glass, Inc., Jackson Street, LLC, Robroy
Restaurants, Inc., SFA, LLC., Sodexo Operations, LLC., Cave
Enterprises Operations, LLC., Robroy Restaurants, Inc., MJG
Enterprises, LLC., Gill Management, Inc., and Heartland Illinois
Food Corp., Case No. 2017-L-009088 (Ill. Cir. Ct., September 8,
2017), arises out of the unlawful over-taxation of sweetened
beverages by the Defendants sold in its drive-thru locations under
the Sweetened Beverage Tax.
The Defendants do business in Cook County, Illinois, and are
engaged in the retail sales of food and beverages under the brand
of Burger King. [BN]
The Plaintiff is represented by:
John F. Klebba, Esq.
BRUSTIN & LUNDBLAD, LTD.
10 N. Dearborn Street, 7th Floor
Chicago, IL 60602
Telephone: (312) 263-1250
Facsimile: (312) 263-3480
CALIFORNIA CINEMA: Faces "Kieslich" Suit in C.D. Calif.
-------------------------------------------------------
A class action lawsuit has been filed against California Cinema
Investments LLC. The case is styled as Ryan Kieslich, on behalf of
himself and on behalf of a Class of all other persons similarly
situated, Plaintiff v. California Cinema Investments LLC and DOES
1 through 100, inclusive, Defendants, Case No. 2:17-cv-06985 (C.D.
Cal, September 21, 2017).
California Cinema Investments LLC is a movie theater located in
Los Angeles, California.[BN]
The Plaintiff appears PRO SE.
CARIBBEAN CRUISE: Freedom Home Appeals Ruling in "Aranda" Suit
--------------------------------------------------------------
Class member Freedom Home Care, Inc., filed an appeal from a court
ruling in the lawsuit styled Gerardo Aranda, et al. v. Caribbean
Cruise Line, Incorporated, et al., Case No. 1:12-cv-04069, in the
U.S. District Court for the Northern District of Illinois, Eastern
Division.
The appellate case is captioned as Freedom Home Care, Inc., et al.
v. Caribbean Cruise Line, Incorporated, et al., Case No. 17-2857,
in the U.S. Court of Appeals for the Seventh Circuit.
As previously reported in the Class Action Reporter on Sept. 8,
2017, the District Court issued a Memorandum Opinion and Order
denying Freedom Home Care's Motion for an award of attorney's fees
in the case.
After the parties to this class action reached a settlement with
the assistance of a mediator, class counsel petitioned for an
award of attorneys' fees from the settlement fund.
Freedom Home Care has moved for an award of attorneys' fees in the
amount of $59,410 to compensate its lawyers objector's counsel for
their work in opposing class counsel's fee request.
Plaintiffs and defendants both oppose Freedom Home Care's request.
They argue that Freedom Home Care's objection did not materially
benefit the class because the arguments in the objection were not
significantly different from those that defendants made and that
Freedom Home Care knew defendants would make -- in response to the
fee petition.
In addition to requesting a fee for its counsel, Freedom Home Care
argues that it is entitled to an incentive award in the amount of
$1,000 for agreeing to represent the interests of the class as an
objecting class member.
Because objector's counsel did not provide a material benefit to
the class, the Court also denied an incentive award for Freedom
Home Care. In addition, even if Freedom Home Care's objection had
benefitted the class, the Court noted that Freedom Home Care has
not demonstrated how its efforts in this litigation warrant an
incentive payment.
The briefing schedule in the Appellate Case is set as follows:
-- Transcript information sheet was due September 22, 2017;
and
-- Appellant's brief is due on or before October 18, 2017, for
Freedom Home Care, Inc.[BN]
Plaintiffs-Appellees GERARDO ARANDA, on behalf of themselves and a
class of others similarly situated, GRANT BIRCHMEIER, STEPHEN
PARKES and REGINA STONE are represented by:
Scott R. Rauscher, Esq.
LOEVY & LOEVY
311 N. Aberdeen Street
Chicago, IL 60607-1249
Telephone: (312) 243-5900
E-mail: scott@loevy.com
Appellant FREEDOM HOME CARE, INC., is represented by:
Christopher A. Bandas, Esq.
BANDAS LAW FIRM
500 N. Shoreline
Corpus Christi, TX 78401
Telephone: (361) 698-5200
Facsimile: (361) 698-5222
E-mail: cbandas@bandaslawfirm.com
Defendants CARIBBEAN CRUISE LINE, INCORPORATED, ECONOMIC STRATEGY
GROUP, VACATION OWNERSHIP MARKETING TOURS, INCORPORATED, ECONOMIC
STRATEGY GROUP, INCORPORATED, and ECONOMIC STRATEGY LLC are
represented by:
John H. Pelzer, Esq.
GREENSPOON MARDER PA
200 E. Broward Boulevard
Fort Lauderdale, FL 33301
Telephone: (954) 527-2469
Facsimile: (954) 333-4069
E-mail: john.pelzer@gmlaw.com
Defendant BERKLEY GROUP, INCORPORATED, is represented by:
Brian P. O'Meara, Esq.
FORDE LAW OFFICES LLP
111 W. Washington Street
Chicago, IL 60602-0000
Telephone: (312) 641-1441
Facsimile: (312) 641-1288
E-mail: bomeara@fordellp.com
CHICAGO FIT: Illegally Stores Workers Biometric Info, Suit Claims
-----------------------------------------------------------------
Jennifer Knobloch, individually and on behalf of similarly
situated individuals v. Chicago Fit Ventures, LLC and Crunch, LLC,
Case No. 2017CH12266 (Ill. Cir. Ct., September 8, 2017), seeks to
stop the Defendants' practice of collecting, capturing, storing
and using the Plaintiffs and other consumers' fingerprints and
biometric information without their informed written consent.
The Defendants own and operate numerous athletic facilities and
fitness centers within the State of Illinois. [BN]
The Plaintiff is represented by:
Myles McGuire, Esq.
Evan M. Meyers, Esq.
David L. Gerbie, Esq.
MCGUIRE LAW, P.C.
55 W. Wacker Drive, 9th Fl.
Chicago, IL 6060
Telephone: (312) 893-7002
Facsimile: (312) 275-7895
E-mail: mmcguire@mcgpc.com
emeyers@mcgpc.com
dgerbie@mcgpc.com
COOKIE DO: Faces "Canigiani" Suit in S. Dist. of New York
---------------------------------------------------------
A class action lawsuit has been filed against Cookie Do, Inc. The
case is styled as Julia Canigiani and Katherine Byrne,
individually and on behalf of all others similarly situated,
Plaintiffs v. Cookie Do, Inc., Defendant, Case No. 1:17-cv-07182-
JSR (S.D.N.Y., September 21, 2017).
Cookie Do, Inc. is a sweet shop devoted to cookie dough served by
the pint, in sundaes and mixed into other desserts.[BN]
The Plaintiff is represented by:
Brittany Sloane Weiner, Esq.
Imbesi Law P.C.
450 7th Avenue
New York, NY 10123
Tel: (646) 380-9555
Fax: (212) 658-9177
Email: brittany@lawicm.com
DAVLYN INVESTMENTS: Sued Over Failure to Properly Pay Employees
---------------------------------------------------------------
Lasha Cobbs, an individual, on behalf of herself and all others
similarly situated v. Davlyn Investments, Inc. and Does 1 through
100, Case No. BC675226 (Cal. Super. Ct., September 8, 2017),
arises out of the Defendants' failure to pay all overtime wages as
well as meal and rest period premium wages. Defendants also
maintained inaccurate payroll records, issued inaccurate wage
statements to the Plaintiff and similarly situated employees, and
failed to pay the Plaintiff and others all wages owed at the time
of separation, says the complaint.
Davlyn Investments, Inc. is in the business of owning, managing,
investing in, renting and re-selling apartment homes and related
enterprises. [BN]
The Plaintiff is represented by:
Christopher L. Burrows, Esq.
BURROWS LAW FIRM
8383 Wilshire Boulevard, Suite 634
Beverly Hills, CA 90211
Telephone: (310) 526-9998
Facsimile: (424) 644-2446
E-mail: cburrows@cburrowslaw.com
ECI MANAGEMENT: AEGIS Management Files Suit in N.D. of Georgia
--------------------------------------------------------------
A class action lawsuit has been filed against ECI Management LLC.
The case is styled as AEGIS Electric & Gas International Services
Limited, Plaintiff v. ECI Management LLC formerly known as: ECI
Management Corporation and Nichon Roberson, on behalf of herself
and all others similarly situated, Defendants, Case No. 1:17-cv-
03657-LMM (N.D. Ga., September 20, 2017).
ECI Management LLC is in the Management Services business.[BN]
The Plaintiff is represented by:
Crighton Thomas Allen, Esq.
Hall Booth Smith, P.C.-ATL
191 Peachtree Street, N.E., Suite 2900
Atlanta, GA 30303-1775
Tel: (404) 586-6634
Email: callen@hallboothsmith.com
- and -
Paul Lindsey Fields, Jr., Esq.
Fields Howell LLP
1180 West Peachtree Street, Suite 1600
Atlanta, GA 30309
Tel: (404) 214-1250
Fax: (404) 214-1251
Email: pfields@fieldshowell.com
ELECTROLUX HOME: Faces "Stewart" Suit Over Defective Gas Rages
--------------------------------------------------------------
Shelly Stewart and Robert Stewart, on behalf of themselves and all
others similarly situated v. Electrolux Home Products, Inc., Case
No. 1:17-cv-01213-LJO-SKO (E.D. Cal., September 8, 2017), is
brought on behalf of a class of thousands of consumers who owned
and used residential gas oven ranges designed and manufactured by
the Defendant that are defective because they are fitted with
thermostats that do not support the temperatures reached when the
oven's self-cleaning feature is engaged.
Electrolux Home Products, Inc. is the world's second-largest
appliance maker by units sold. [BN]
The Plaintiff is represented by:
Crystal Foley, Esq.
Paul J. Hanley, Esq.
Mitchell M. Breit, Esq.
SIMMONS HANLY CONROY LLC
100 N. Sepulveda Blvd., Suite 1350
Los Angeles, CA 90245
Telephone: (310) 322-3555
E-mail: cfoley@simmonsfirm.com
mbreit@simmonsfirm.com
- and -
Gregory F. Coleman, Esq.
GREG COLEMAN LAW PC
First Tennessee Plaza
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: (865) 247-0080
E-mail: greg@gregcolemanlaw.com
EQUIFAX INC: Faces "Walker" Suit in Alabama Over Security Breach
----------------------------------------------------------------
Darryl W. Walker, Robin L. Taylor, Jennifer A. Meachum, and Dale
F. Stewart, II v. Equifax, Inc., Case No. 5:17-cv-01527-HNJ (N.D.
Ala., September 8, 2017), is a class action on behalf of over 140
million consumers across the country harmed by Equifax's failure
to secure and safeguard consumers' personally identifiable
information which Equifax collected from various sources in
connection with the operation of its business as a consumer credit
reporting agency, and for failing to provide timely, accurate and
adequate notice to Consumer Plaintiffs and other Class members
that their information had been stolen and precisely what types of
information were stolen.
Equifax, Inc. is a multi-billion-dollar Georgia corporation that
provides credit information services to millions of businesses,
governmental units, and consumers across the globe. [BN]
The Plaintiff is represented by:
Eric J. Artrip, Esq.
D. Anthony Mastando, Esq.
MASTANDO & ARTRIP, LLC
301 Washington St., Suite 302
Huntsville, AL 35801
Telephone: (256) 532-2222
Facsimile: (256) 513-7489
E-mail: artrip@mastandoartrip.com
tony@mastandoartrip.com
EQUIFAX INC: Faces "Cuevas" Suit in Cal. Over Security Breach
-------------------------------------------------------------
Maricela Cuevas, individually and on behalf of all others
similarly situated v. Equifax, Inc. and Does 1 through 100,
inclusive, Case No. BC675172 (Cal. Super. Ct., September 8, 2017),
stems out of the security breach that compromised the full names,
Social Security numbers, birth dates, home addresses, driver's
license numbers, credit card numbers, and other Private
Identifiable Information ("PH") of the Defendant's customers.
Equifax, Inc. is one of the largest U.S. based credit reporting
agencies. [BN]
The Plaintiff is represented by:
Thomas V. Girardi, Esq.
Christopher T. Aumais, Esq.
Ashkahn Mohamadi, Esq.
GIRARDI KEESE
1126 Wilshire Boulevard
Los Angeles, CA 90017
Telephone: (213) 977-0211
Facsimile: (213) 481-1554
EQUIFAX INFORMATION: Faces "Hamre" Suit in North Dakota
-------------------------------------------------------
A class action lawsuit has been filed against Equifax Information
Services, LLC. The case is styled as Angela Hamre and Isaac
Tadros, on behalf of themselves and all others similarly situated,
Plaintiff v. Equifax Information Services, LLC, Defendant, Case
No. 3:17-cv-00196-ARS (D.N.D., September 20, 2017).
Equifax Information Services, LLC is a consumer credit
reporting agency.[BN]
The Plaintiffs are represented by:
Jordan M. Lewis, Esq.
Kelley Uustal
Courthouse Law Plaza
700 SE Third Ave Suite 300
Fort Lauterdale, FL 33316
Tel: (954) 522-6601
Email: jml@kulaw.com
- and -
Mike J Miller, Esq.
SOLBERG STEWART MILLER
PO BOX 1897
FARGO, ND 58107-1897
Tel: (701) 237-3166
Fax: (701) 237-4627
Email: mmiller@solberglaw.com
EQUIFAX INC: Faces "Evans" Suit in N. Dist. Cal.
------------------------------------------------
A class action lawsuit has been filed against Equifax, Inc. The
case is styled as Kay Evans, on behalf of herself and all others
similarly situated, Plaintiff v. Equifax, Inc., Defendant, Case
No. 3:17-cv-05454 (N.D. Cal., September 20, 2017).
Equifax is a global provider of information solutions and provides
human resources business process outsourcing services for
businesses, governments and consumers.[BN]
The Plaintiff is represented by:
Robert S. Jaret, Esq.
Jaret & Jaret
1016 Lincoln Avenue
San Rafael, CA 94901
Tel: (415) 455-1010
Fax: (415) 455-1050
Email: jaretlaw@comcast.net
EQUIFAX INC: Faces "Eppy" Suit in S. Dist. Fla.
-----------------------------------------------
A class action lawsuit has been filed against Equifax, Inc. The
case is styled as Samuel Eppy, individually and on behalf of all
others similarly situated, Plaintiff v. Equifax, Inc., a Florida
corporation, Defendant, Case No. 0:17-cv-61833-BB (S.D. Fla.,
September 20, 2017).
Equifax is a global provider of information solutions and provides
human resources business process outsourcing services for
businesses, governments and consumers.[BN]
The Plaintiff is represented by:
Michael James Pascucci,Esq.
Eggnatz, Lopatin&Pascucci, LLP
5400 South University Drive 413
Davie, FL 33328
Tel: (954) 889-3359
Email: mpascucci@ELPLawyers.com
- and -
Joshua Harris Eggnatz, Esq.
Eggnatz, Lopatin&Pascucci, LLP
5400 S. University Drive, Suite 417
Davie, FL 33328
Tel: (954) 889-3359
Fax: (954) 889-5913
Email: JEggnatz@ELPLawyers.com
FESTIVAL FUN: Anderson Files Class Action in E.D.N.Y.
-----------------------------------------------------
A class action lawsuit has been filed against Festival Fun Parks,
LLC. The case is styled as Derrick Anderson, on behalf of himself
and all others similarly situated, Plaintiff v. Festival Fun
Parks, LLC doing business as: Boomer's Long Island, Defendant,
Case No. 1:17-cv-05530 (E.D.N.Y., September 20, 2017).
Festival Fun Parks LLC owns and operates theme parks.[BN]
The Plaintiff appears PRO SE.
FIRST CAPITAL: Faces Jfurti LLC Suit in S.D.N.Y.
------------------------------------------------
A class action lawsuit has been filed against First Capital Real
Estate Advisors, LP. The case is styled as Jfurti, LLC and Jacob
Frydman, derivatively on behalf of all similarly situated limited
partners and shareholders in the name and right of First Capital
Real Estate Trust Incorporated and First Capital Real Estate
Operating Partnership, L.P., Plaintiffs v. Suneet Singal, Frank
Grant, Richard Lieder, First Capital Real Estate Advisors, LP,
First Capital Real Estate Investments, LLC, Presidential Realty
Corporation, Presidential Realty Operating Partnership,
Photomedex, Inc., Downey Brand LLP, Forum Partners Investment
Management, LLC, Russell C. Platt, Forum Global Finance SCSp,
First Capital Real Estate Trust Incorporated and First Capital
Real Estate Operating Partnership, L.P., Defendants, Case No.
1:17-cv-07206-UA (S.D.N.Y., September 21, 2017).
First Capital Real Estate Advisors, L.P. provides real estate
advisory services.[BN]
The Plaintiff is represented by:
Lewis Stanley Fischbein, Esq.
Lewis S. Fischbein, P.C
60 Broad Street, 34th Floor
New York, NY 10004
Tel: (212) 752-3374
Fax: (212) 202-5063
Email: lfischbein@wsmblaw.com
FORD MOTOR: Third Circuit Appeal Filed in "Coba" Class Suit
-----------------------------------------------------------
Plaintiffs Galo Coba and Coba Landscaping & Construction Inc.
filed an appeal from a court ruling in their lawsuit titled Galo
Coba, et al. v. Ford Motor Co., Case No. 2-12-cv-01622, in the
U.S. District Court for the District of New Jersey.
The nature of suit is stated as personal injury-product liability.
The appellate case is captioned as Galo Coba, et al. v. Ford Motor
Co., Case No. 17-2933, in the United States Court of Appeals for
the Third Circuit.[BN]
Plaintiffs-Appellants GALO COBA and COBA LANDSCAPING &
CONSTRUCTION INC, individually, and on behalf of other members of
the general public similarly situated, are represented by:
Harold Friedman, Esq.
Joel R. Glucksman, Esq.
SCARINCI & HOLLENBECK, LLC
1100 Valley Brook Avenue
P.O. Box 790
Lyndhurst, NJ 07071
Telephone: (201) 896-4100
Facsimile: (201) 896-7096
E-mail: hfriedman@sh-law.com
jglucksman@sh-law.com
Defendant-Appellee FORD MOTOR CO. is represented by:
Michael D. Goldklang, Esq.
Joseph F. Lagrotteria, Esq.
Karol C. Walker, Esq.
LECLAIRRYAN
1037 Raymond Boulevard
One Riverfront Plaza, 16th Floor
Newark, NJ 07102
Telephone: (973) 491-3600
E-mail: michael.goldklang@leclairryan.com
joseph.lagrotteria@leclairryan.com
karol.corbinwalker@leclairryan.com
FRITO-LAY: Wilson Appeals N.D. California Ruling to Ninth Circuit
-----------------------------------------------------------------
Plaintiffs Markus Wilson and Doug Campen filed an appeal from a
court ruling in their lawsuit entitled Markus Wilson, et al. v.
Frito-Lay North America, Inc., Case No. 3:12-cv-01586-JST, in the
U.S. District Court for the Northern District of California, San
Francisco.
As previously reported in the Class Action Reporter, the proposed
class action is brought over alleged misleading health claims on
certain products. The Plaintiffs' May 2013 second amended
complaint alleged that more than 90 Frito-Lay products, such as
Cheetos Puffs, Lay's Classic Potato Chips and Kettle Cooked BBQ
Potato Chips were misbranded, including statements that duped
buyers into thinking they were healthy options.
The appellate case is captioned as Markus Wilson, et al. v. Frito-
Lay North America, Inc., Case No. 17-16817, in the United States
Court of Appeals for the Ninth Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Transcript must be ordered by October 11, 2017;
-- Transcript is due on November 13, 2017;
-- Appellants Doug Campen and Markus Wilson's opening brief is
due on December 20, 2017;
-- Appellee Frito-Lay North America, Inc.'s answering brief is
due on January 19, 2018; and
-- Appellant's optional reply brief is due 21 days after
service of the answering brief.[BN]
Plaintiffs-Appellants MARKUS WILSON and DOUG CAMPEN, individually
and on behalf of all others similarly situated, are represented
by:
Ben (Pierce) F. Gore, Esq.
PRATT & ASSOCIATES
1871 The Alameda
San Jose, CA 95126
Telephone: (408) 369-0800
E-mail: pgore@prattattorneys.com
- and -
David M. McMullan, Jr., Esq.
DON BARRETT, P.A.
P.O. Box 927
Lexington, MS 39095
Telephone: (662) 834-2488
E-mail: dmcmullan@barrettlawgroup.com
Defendant-Appellee FRITO-LAY NORTH AMERICA, INC., is represented
by:
Christopher Chorba, Esq.
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: (213) 229-7396
E-mail: cchorba@gibsondunn.com
- and -
Geoffrey Manson Sigler, Esq.
Andrew S. Tulumello, Esq.
GIBSON, DUNN & CRUTCHER LLP
1050 Connecticut Avenue, N.W.
Washington, DC 20036-5306
Telephone: (202) 887-3752
E-mail: gsigler@gibsondunn.com
atulumello@gibsondunn.com
- and -
Jenna Musselman Yott, Esq.
GIBSON, DUNN & CRUTCHER LLP
555 Mission Street
San Francisco, CA 94105
Telephone: (415) 393-8200
Facsimile: (415) 374-8441
E-mail: jyott@gibsondunn.com
GALAXY CARTING: "Dominguez" Class Action Pending in NJ
------------------------------------------------------
A class action lawsuit has been filed against Joseph Smentkowski,
Inc., dba Galaxy Carting. The case is styled as Juan Luna
Dominguez for himself and on behalf of those similarly situated,
Plaintiff v. Joseph Smentkowski, Inc. doing business as: Galaxy
Carting doing business as: Smentkowski Garbage removal and Gary
Giordano, Defendants, Case No. 2:17-cv-07275 (D.N.J., September
20, 2017).
The Company offers services including trucking or transfer
services.[BN]
The Plaintiff appears PRO SE.
GOLDEN SHABU: Sued Over Failure to Pay Minimum and OT Wages
-----------------------------------------------------------
Shang Bin Xu, individually and on behalf of all other employees
similarly situated v. Golden Shabu Shabu Flushing Inc. d/b/a
Mister Pot, and Ka Ho Wong, Case No. 1:17-cv-05288 (E.D.N.Y.,
September 8, 2017), is brought against the Defendants for failure
to pay for all hours worked, minimum wage, and overtime
compensation for all hours worked over 40 each workweek.
The Defendants own and operate a Chinese restaurant in New York.
[BN]
The Plaintiff is represented by:
Jian Hang, Esq.
HANG & ASSOCIATES, PLLC
136-18 39th Ave., Suite 1003
Flushing, NY 11354
Telephone: (718) 353-8588
E-mail: jhang@hanglaw.com
GV FREEPORT: Faces "Marrero" Suit in S. Dist. Fla.
--------------------------------------------------
A class action lawsuit has been filed against GV Freeport, LLC.
The case is styled as Julio Marrero, Rosa Marrero, Grand Bahamas
Holding Corp., a Florida corporation, 3354 Grand Inc.
a Florida corporation, CG 3415 Grand, LLC, a Florida limited
liability company, Freeport Development of Village West
Corporation, a Florida corporation, Grand Abbaco Development II
Corp., a Florida corporation and West Grove Development
Corporation, a Florida corporation, Plaintiffs v. William
Driscoll, WA a citizen of the State of Washington, E. R. Middleton
as Trustee U/A with Margaret W. Driscoll, dated 12/11/57, dated
6/13/58, and dated 7/17/59, a citizen of the State of Washington
other W. John Driscoll, F. J. Weyerhaeuser
as Trustee U/A with Margaret W. Driscoll, dated 12/11/57, dated
6/13/58, and dated 7/17/59, a citizen of the State of Washington
other W John Driscoll, A. E. Zaccaro as Trustee U/A with Margaret
W. Driscoll, dated 12/11/57, dated 6/13/58, and dated 7/17/59, a
citizen of the State of Washington other W John Driscoll, Colliers
International South Florida, LLC, DE a Delaware corporation, City
of Miami 275 NW 2nd St Miami, FL 33128 a municipal corporation,
Grove Village, LLC a Florida limited liability company, GV
Freeport, LLC a Florida limited liability company, GV Paradise
Island, LLC, a Florida limited liability company, GV Grand Bahama,
LLC, a Florida limited liability company, GV Bimini, LLC, a
Florida limited liability company, Island Holiday, LLC, a Florida
limited liability company, Peter Gardner, a citizen of the State
of Florida, Orlando Benitez, Jr., a citizen of the State of
Florida, D D& C, a citizen of the State of Florida, Defendants,
Case No. 1:17-cv-23463-FAM (S.D. Fla., September 20, 2017).
The Defendants are engaged in the hotel industry.[BN]
The Plaintiffs are represented by:
Julio Cesar Marrero, Esq.
Marrero, Chamizo, Marcer Law, LP
3850 Bird Road, Suite 902
Coral Gables, FL 33146
Tel: (305) 446-0163
Email: julio@marrerorealestatelaw.com
HEALTH INSURANCE: Faces "Kkavra" Suit in M. Dist. Fla.
------------------------------------------------------
A class action lawsuit has been filed against Health Insurance
Innovations, Inc. The case is styled as Shilpi Kkavra,
individually and on behalf of all others similarly situated,
Plaintiff v. Health Insurance Innovations, Inc., Patrick R.
McNamee, Gavin D. Southwell and Michael D. Hershberger,
Defendants, Case No. 8:17-cv-02186-EAK-MAP (M.D. Fla., September
21, 2017).
The Defendants own and operate an insurance company in San Diego,
California. [BN]
The Plaintiff is represented by:
CullinAvram O'Brien, Esq.
Cullin O'Brien Law, P.A.
6541 NE 21st Way
Ft. Lauderdale, FL 33308
Tel: (561) 676-6370
Email: cullin@cullinobrienlaw.com
- and -
Eduard Korsinsky, Esq.
Zimmerman, Levi &Korsinsky, LLP
39 Broadway, Suite 1601
New York, NY 10006
Tel: (212) 363-7500
Fax: (212) 363-7171
HUMANA INSURANCE: Seventh Circuit Appeal Filed in "Brodsky" Suit
----------------------------------------------------------------
Plaintiffs Lawrence S. Brodsky filed an appeal from a court ruling
in the lawsuit titled Lawrence Brodsky v. Humana Insurance
Company, Case No. 1:10-cv-03233, in the U.S. District Court for
the Northern District of Illinois, Eastern Division.
As previously reported in the Class Action Reporter on Sept. 12,
2017, the District Court issued a Memorandum Opinion and Order
granting the Defendant's Motion to Decertify the Class and To Stay
the case. The Plaintiff's Motion For Order Approving Class Notice
and Setting A Date For Opt Outs is denied as moot.
In his complaint, Mr. Brodsky alleges that the Defendant
improperly sent him two faxes in violation of the Telephone
Consumer Protection Act.
The appellate case is captioned as Lawrence Brodsky v. Humana
Insurance Company, Case No. 17-8019, in the U.S. Court of Appeals
for the Seventh Circuit.[BN]
Plaintiff-Petitioner LAWRENCE S. BRODSKY, Individually and as the
representative of a class of similarly-situated persons, is
represented by:
Glenn L. Hara, Esq.
Brian J. Wanca, Esq.
ANDERSON & WANCA
3701 Algonquin Road
Rolling Meadows, IL 60008-0000
Telephone: (847) 368-1500
E-mail: GHara@andersonwanca.com
bwanca@andersonwanca.com
Defendant-Respondent HUMANA INSURANCE COMPANY, doing business as
HUMANA SPECIALTY BENEFITS, is represented by:
David J. Novotny, Esq.
CHITTENDEN, MURDAY & NOVOTNY LLC
303 W. Madison Street
Chicago, IL 60606-0000
Telephone: (312) 281-3603
E-mail: dnovotny@cmn-law.com
ILLINOIS: "Grant" Action Seeks Mandated Wages Increase
------------------------------------------------------
Virginia Grant, Alantris Muhammad, Cynthia Sylvia and Service
Employees International Union Healthcare Illinois & Indiana,
Plaintiffs, V. James T. Dimas, in his official capacity as
Secretary of the State of Illinois Department of Human Services,
and Michael M. Hoffman, in his official capacity as Acting
Director of the State of Illinois Department of Central Management
Services, Defendants, Case No. 1:17-cv-06394 (Ill. Cir., September
6, 2017), seek a writ of mandamus to compel defendants to
implement a $0.48 wage increase mandated by Illinois Public Act.
Plaintiffs are State of Illinois Department of Human Services Home
Services Program personal assistants and individual maintenance
home health workers. [BN]
Plaintiff is represented by:
Robert E. Bloch, Esq.
George A. Luscombe III, Esq.
DOWD, BLOCH, BENNETT, CERVONE, AUERBACH & YOKICH
8 South Michigan A venue, 19th Floor
Chicago, IL 60603
Tel: (312) 372-1361
Fax: (312) 372-6599
Email: gluscombe@laboradvocates.com
INTERCLOUD SYSTEMS: December 5 Settlement Fairness Hearing Set
--------------------------------------------------------------
The following statement is being issued by Robbins Geller Rudman &
Dowd LLP regarding the InterCloud Systems, Inc. Securities
Litigation:
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
In re INTERCLOUD SYSTEMS, INC.
SECURITIES LITIGATION
This Document Relates To:
ALL ACTIONS.
Master Docket No.
3:14-01982-PGS-DEA
CLASS ACTION
SUMMARY NOTICE
TO:
ALL PERSONS WHO PURCHASED OR OTHERWISE ACQUIRED INTERCLOUD
SYSTEMS, INC. ("INTERCLOUD") COMMON STOCK BETWEEN DECEMBER 3,
2013, AND MARCH 27, 2014, INCLUSIVE
YOU ARE HEREBY NOTIFIED that pursuant to an Order of the United
States District Court for the District of New Jersey, a hearing
will be held on December 5, 2017, at 10:30 a.m. ET, before the
Honorable Peter G. Sheridan at the Clarkson S. Fisher Building &
U.S. Courthouse, 402 East State Street, Trenton, NJ 08608, for the
purpose of determining (1) whether the proposed settlement of the
action for the sum of $2,700,000 in cash should be approved by the
Court as fair, reasonable and adequate; (2) whether, thereafter,
this Litigation should be dismissed with prejudice against the
Defendants as set forth in the Stipulation of Settlement dated
July 26, 2017; (3) whether the Plan of Allocation of settlement
proceeds is fair, reasonable and adequate and therefore should be
approved; and (4) the reasonableness of the application of Lead
Counsel for the payment of attorneys' fees and expenses incurred
in connection with this Litigation, together with interest thereon
(which application may include a request for reimbursement of Lead
Plaintiff's reasonable costs and expenses pursuant to the Private
Securities Litigation Reform Act of 1995).
IF YOU PURCHASED OR ACQUIRED INTERCLOUD COMMON STOCK BETWEEN
DECEMBER 3, 2013, AND MARCH 27, 2014, INCLUSIVE, YOUR RIGHTS MAY
BE AFFECTED BY THIS LITIGATION AND THE SETTLEMENT THEREOF. If you
have not received a detailed Notice of Proposed Settlement of
Class Action ("Notice") and a copy of the Proof of Claim and
Release form, you may obtain copies by writing to InterCloud
Securities Litigation, Claims Administrator, c/o Gilardi & Co.
LLC, P.O. Box 404021, Louisville, KY 40233-4021, or by downloading
this information at www.InterCloudSecuritiesLitigation.com. If
you are a Class Member, in order to share in the distribution of
the Net Settlement Fund, you must submit a Proof of Claim and
Release online at www.InterCloudSecuritiesLitigation.com by
January 12, 2018, or postmarked no later than January 12, 2018,
establishing that you are entitled to a recovery. You will be
bound by any judgment rendered in the Litigation unless you
request to be excluded, in writing, to InterCloud Securities
Litigation, Claims Administrator, EXCLUSIONS, c/o Gilardi & Co.
LLC, 3301 Kerner Blvd., San Rafael, CA 94901, postmarked by
November 13, 2017, in the manner and form explained in the
detailed Notice referred to above.
Any objection to any aspect of the Settlement must be filed with
the Clerk of the Court on or before November 13, 2017, and also
delivered by hand or first-class mail to each of the following
addresses such that it is received no later than November 13,
2017:
ROBBINS GELLER RUDMAN & DOWD LLP
ELLEN GUSIKOFF STEWART
655 West Broadway, Suite 1900
San Diego, CA 92101
GREENBERG TRAURIG, LLP
TOBY S. SOLI
MetLife Building
200 Park Avenue
New York, NY 10166
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING
THIS NOTICE.
DATED: August 25, 2017
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
INTERSTATE HOTELS: Richardson Moves to Certify Five Classes
-----------------------------------------------------------
The Plaintiff in the lawsuit captioned DINA RAE RICHARDSON,
individually and on behalf of all others similarly situated v.
INTERSTATE HOTELS & RESORTS, INC., a Delaware corporation;
INTERSTATE MANAGEMENT COMPANY, LLC, a Delaware corporation; and
DOES 1 through 50, inclusive, Case No. 3:16-cv-06772-WHA (N.D.
Cal.), moves the Court for an order certifying these classes:
1. Rest Period Class:
all persons employed by Interstate Hotels & Resorts, Inc.
and Interstate Management Company, LLC ("Defendants") as
room attendants at the Sheraton Fisherman's Wharf in San
Francisco, California, at any time from September 23, 2012
through November 29, 2016, who worked at least one shift
over 3.5 hours;
2. Meal Period Class:
all persons employed by Defendants as non-exempt employees
at the Sheraton Fisherman's Wharf in San Francisco,
California, at any time from September 23, 2012 through
November 29, 2016, who worked at least one shift over 5
hours;
3. Second Meal Period Class:
all persons employed by Defendants as non-exempt employees
at the Sheraton Fisherman's Wharf in San Francisco,
California, at any time from September 23, 2012 through
November 29, 2016, who worked at least one shift over 10
hours;
4. Off-the-Clock Class:
all persons employed by Defendants as room attendants at
the Sheraton Fisherman's Wharf in San Francisco,
California, at any time from September 23, 2012 through
November 29, 2016, who performed work while clocked out;
and
5. Rounding Class:
all persons employed by Defendants as non-exempt employees
at the Sheraton Fisherman's Wharf in San Francisco,
California, at any time from September 23, 2012 through
November 29, 2016, whose time punches were rounded by
Defendants.
The Plaintiff also asks the Court to issue an order: (1)
certifying the derivative claims for failure to pay all wages due
to discharged and quitting employees, failure to furnish accurate
itemized wage statements, and unfair business practices; (2)
appointing the Plaintiff as class representative; and (3) and
appointing the Plaintiff's counsel, Matthew J. Matern, Esq., Launa
Adolph, Esq., and Kayvon Sabourian, Esq., of Matern Law Group, PC,
as class counsel.
The Court will commence a hearing on November 2, 2017, at 8:00
a.m., to consider the Motion.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=cyj3ATGB
The Plaintiff is represented by:
Matthew J. Matern, Esq.
Launa Adolph, Esq.
Kayvon Sabourian, Esq.
MATERN LAW GROUP, PC
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
Telephone: (310) 531-1900
Facsimile: (310) 531-1901
E-mail: mmatern@maternlawgroup.com
ladolph@maternlawgroup.com
ksabourian@maternlawgroup.com
LAOS: Hmong I Appeals Ruling in Class Suit Over Wrongful Death
--------------------------------------------------------------
Plaintiff Hmong I. filed an appeal from a court ruling in the
lawsuit styled Hmong I. v. Lao People's Democratic Republic, et
al., Case No. 2:15-cv-02349-TLN-AC, in the U.S. District Court for
the Eastern District of California, Sacramento.
As previously reported in the Class Action Reporter, Plaintiff
Hmong I, a fictitiously named real person, who resides in an
unspecified location in Southeast Asia filed a suit against the
country of Laos, its sitting President and Prime Minister, the
Ministers of Defense, Justice and Public Security, and General
Bounchanh for the wrongful death of her husband, and seeks an
injunction to, among other things, allow the Hmong people to
reside in Laos in peace. She sues under the Alien Tort Statute
(ATS), 28 U.S.C. Section 1350.
The Defendants-Appellees are LAO PEOPLE'S DEMOCRATIC REPUBLIC;
CHOUMMALY SAYASONE, President of Laos; THONGSING THAMMAVONG, Prime
Minister of Laos; BOUNKERT SANGSOMASACK, Dr., Minister of Justice
of Laos; SENGNUAN XAYALATH, Lieutenant General, Minster of
Defense; THONGBANH SENGAPHONE, Minister of Public Security; and
BOUNCHANH, Lao General.
The complaint alleges that defendants engaged in a campaign of
atrocities against a group of Hmong people in Laos, after the
Vietnam War. The campaign was intended to achieve the
extermination of those among the Hmong people who had joined, or
who had some connection with, the Secret Army.
The complaint further alleges that Defendants' conduct was
undertaken in violation of international law, and in violation of
the 1962 Geneva Convention, the 1966 International Covenant on
Civil and Political Rights, and the 1973 Vientiane Ceasefire
Agreement. The complaint also alleges that Defendants' conduct
violated various Laotian laws.
The appellate case is captioned as Hmong I. v. Lao People's
Democratic Republic, et al., Case No. 17-16828, in the United
States Court of Appeals for the Ninth Circuit.
According to the briefing schedule in the Appellate Case,
Appellant Hmong I.'s opening brief is due on November 8, 2017.[BN]
Plaintiff-Appellant HMONG I., a fictitious name, on behalf of
herself and as representative of members of a class of similarly
situated claimants, is represented by:
Herman Franck, Esq.
FRANCK & ASSOCIATES
910 Florin Road, Suite 212
Sacramento, CA 95831
Telephone: (916) 447-8400
Facsimile: (916) 447-0720
E-mail: franckherman@hotmail.com
Movants UNITED STATES OF AMERICA and CENTRAL INTELLIGENCE AGENCY
are represented by:
Joseph Frueh, Esq.
USSAC - OFFICE OF THE US ATTORNEY
501 I Street
Sacramento, CA 95814
Telephone: (916) 554-2702
E-mail: joseph.frueh@usdoj.gov
LONG BEACH: Sued in California Over Failure to Provide Meal Break
-----------------------------------------------------------------
Jemal L. Montaque, on behalf of himself and all others similarly
situated v. Long Beach Eurocars, LLC and Does 1 through 50,
inclusive, Case No. BC675273 (Cal. Super. Ct., September 8, 2017),
is brought against the Defendants for failure to provide rest
periods and timely meal periods to the Plaintiff and other
employees in violation of California Labor Code.
Long Beach Eurocars, LLC operates "Mercedes Benz of Long Beach,"
an auto dealership located at 2300 E. Spring Street, Signal Hill,
California 90755. [BN]
The Plaintiff is represented by:
Kevin Mahoney, Esq.
Dionisios Aliazis, Esq.
MAHONEY LAW GROUP
249 East Ocean Boulevard, Suite 814
Long Beach, CA 90802
Telephone: (562) 590-5550
Facsimile: (562) 590-8400
E-mail: kmahoney@mahonev-law.net
dalia2is@mah0nev-law.net
M&J CONSTRUCTION: "Zaguilan" Suit Seeks to Recover Unpaid Wages
---------------------------------------------------------------
Eduardo Zaguilan, on his own behalf and on behalf of others
similarly situated v. M&J Construction Company of Pinellas County,
Inc. and Nick Kokkinos, Case No. 8:17-cv-02122-JSM-JSS (M.D. Fla.,
September 8, 2017), seeks to recover unpaid minimum wages,
overtime wage compensation, liquidated damages, and other relief
under the Fair Labor Standards Act.
The Defendants operate a restaurant known as Swine Southern Table
& Bar located at 2415 Ponce de Leon Boulevard, Coral Gables,
Miami-Dade County, Florida. [BN]
The Plaintiff is represented by:
Robert W. Brock II, Esq.
LAW OFFICE OF LOWELL J. KUVIN
17 East Flagler Street. Suite 223
Miami, FL 33131
Telephone: (305) 358-6800
Facsimile: (305) 358-6808
E-mail: Robert@kuvinlaw.com
MAGIX LLC: Faces "Tran" Suit over Garcinia Cambogia Products
------------------------------------------------------------
BRITTANY TRAN, on behalf of herself, all others similarly
situated, and the general public, the Plaintiff, v. MAGIX, LLC,
the Defendant, Case No. 17CV31552 (Cal. Super. Ct., Sep. 6, 2017),
seeks an order enjoining Defendant from continuing to conduct
business through unlawful, unfair, and/or fraudulent acts and
practices, and to commence a corrective advertising campaign.
According to the complaint, Defendant markets and advertises the
Products as effective weight-loss and dietary supplements through
claims placed directly on the bottle of the Products, despite that
they provide no such benefits. The Defendant markets the Magixlabs
Garcinia Cambogia Products with names such as "Garcinia Cambogia
Extreme X:XXL," "Garcinia Cambogia Ultra Extreme," "100% HCA
Extreme Garcinia Cambogia," "Garcinia Cambogia 100% HCA Extreme,"
and "Garcinia Cambogia Extreme." These names, taken individually
and especially in context of the label as a whole, convey to the
reasonable consumer that the Magixlabs Garcinia Cambogia Products
are powerful and highly effective in providing the claimed dietary
benefits. This is misleading because the Products' only "active"
ingredient is not a powerful or highly effective as a dietary aid
and does not aid weight loss much less "extreme" weight loss.
Magix, LLC produces nutraceuticals for weight loss and appetite
suppression.[BN]
The Plaintiff is represented by:
Paul K. Joseph, Esq.
THE LAW OFFICE OF PAUL K. JOSEPH,
4125 W. Pt. Loma Blvd., No. 206
San Diego, CA 92110
Telephone: (619) 767 0356
Facsimile: (619) 331 2943
E-mail: paul@pauljosephlaw.com
MANNA LA: Faces "Lee" Discrimination Class Action in Calif.
-----------------------------------------------------------
Akeem Lee and Nicholas Zelig, individually, and on behalf of
similarly situated employees v. Manna LA, LLC; Manna Development
Group LLC d/b/a Panera Bread; Panera Bread; Panera Bread Company;
Panera, LLC; Jose Jimenez; Luther Jackson; Nathan {last name
unknown) and Does 1 through 200, inclusive, Case No. BC675326
(Cal. Super. Ct., September 8, 2017), seeks damages as a result of
the Defendants' harassment of and discrimination against the
Plaintiffs, with the intent of injuring the Plaintiffs and
harassing them on the basis of their race, age and sex.
The Defendants own and operate Panera bakery located at 501
Wilshire Boulevard, Santa Monica, California. [BN]
The Plaintiff is represented by:
Steven Zelig, Esq.
WLA LEGAL SERVICES, INC.
1543 7th Street, Third Floor
Santa Monica, CA 90401
Telephone: (310) 393-6702
Facsimile: (310) 393-6703
MED FOODS: Koller Seeks to Certify Classes of Bertolli Purchasers
-----------------------------------------------------------------
The Plaintiff in the lawsuit captioned SCOTT KOLLER, an
individual, on behalf of himself, the general public and those
similarly situated v. MED FOODS, INC., AND DEOLEO USA, INC., Case
No. 3:14-cv-02400-RS (N.D. Cal.), asks the Court to certify these
classes:
(1) Imported from Italy Class ("IFI Class"):
All purchasers in California of liquid Bertolli Extra
Light, Classico, or Extra Virgin olive oil, between
May 23, 2010 and May 30, 2014, except for those bearing
labels "Organic," "Robusto," "Gentile," or "Fragrante";
and
(2) Extra Virgin Olive Oil Class ("EVOO Class"):
All purchasers in California of bottles of Bertolli Extra
Virgin olive oil, between May 23, 2010 and August 15,
2015, except for those bearing labels "Organic,"
"Robusto," "Gentile," or "Fragrante."
The Classes will pursue claims under the Unfair Competition Law,
the California Legal Remedies Act, the California False
Advertising Law, and for common law fraud, deceit and
misrepresentation, Mr. Koller relates.
Mr. Koller also asks that the Court appoint (1) him as class
representative on all claims, and (2) Gutride Safier LLP and Tycko
& Zavareei LLP as class counsel. He further asks that the Court
order the parties to meet and confer and present the Court, within
15 days of an order granting class certification, a proposed
notice to the certified classes.
The Court will commence a hearing on December 3, 2015, at 1:30
p.m., to consider the Motion.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=OAdkYUKc
The Plaintiff is represented by:
Adam J. Gutride, Esq.
Seth A. Safier, Esq.
Kristen G. Simplicio, Esq.
GUTRIDE SAFIER LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone: (415) 639-9090
Facsimile: (415) 449-6469
E-mail: adam@gutridesafier.com
seth@gutridesafier.com
kristen@gutridesafier.com
- and -
Hassan A. Zavareei, Esq.
Jeffrey D. Kaliel, Esq.
TYCKO & ZAVAREEI LLP
2000 L Street, N.W., Suite 808
Washington, DC 20036
Telephone: (202) 973-0900
Facsimile: (202) 973-0950
E-mail: hzavareei@tzlegal.com
jkaliel@tzlegal.com
MED FOODS: Seeks Ninth Circuit Review of Ruling in "Koller" Suit
----------------------------------------------------------------
Defendant Deoleo USA, Inc., formerly known as Med Foods, Inc.,
filed an appeal from a court ruling in the lawsuit styled Scott
Koller v. Deoleo USA, Inc., Case No. 3:14-cv-02400-RS, in the U.S.
District Court for the Northern District of California, San
Francisco.
The appellate case is captioned as Scott Koller v. Deoleo USA,
Inc., Case No. 17-80188, in the United States Court of Appeals for
the Ninth Circuit.
As previously reported in the Class Action Reporter on Sept. 11,
2017, the Hon. Richard Seeborg certified two classes in the
lawsuit:
(1) An "Imported from Italy" class ("IFI Class"), defined as,
All purchasers in California of liquid Bertolli Extra
Light, Classico, or Extra Virgin olive oil, between
May 23, 2010 and May 30, 2014, except for those bearing
labels "Organic," "Robusto," "Gentile," or "Fragrante;"
and
(2) An "Extra Virgin Olive Oil" class ("EVOO Class"), defined
as All purchasers in California of bottles of Bertolli
Extra Virgin olive oil, between May 23, 2010 and
August 15, 2015, except for those bearing labels
"Organic," "Robusto," "Gentile," or "Fragrante."
The Plaintiff brought the action seeking to establish on behalf of
purchasers of Bertolli and Carapelli brand olive oil that certain
of those oils are misleadingly labeled. Specifically, Scott
Koller first alleges that several products marketed as "extra
virgin" olive oil do not warrant that designation because they do
not meet the applicable quality standards when bottled and/or
degrade too quickly as the result of defendants' packaging,
handling, and storage practices. Second, the Plaintiff contends
that both "extra virgin" and non-extra virgin olive oil products
are deceptively marketed as "imported from Italy," when in fact
the olives used to make the oil come from any of a number of other
countries.[BN]
Plaintiff-Respondent SCOTT KOLLER, an individual, on behalf of
himself, the general public and those similarly situated, is
represented by:
Seth Adam Safier, Esq.
Adam Joshua Gutride, Esq.
Kristen G. Simplicio, Esq.
GUTRIDE SAFIER LLP
835 Douglass Street
San Francisco, CA 94114
Telephone: (415) 336-6545
Facsimile: (415) 449-6469
E-mail: seth@gutridesafier.com
adam@gutridesafier.com
Kristen@gutridesafier.com
- and -
Jeffrey D. Kaliel, Esq.
Hassan Zavareei, Esq.
TYCKO & ZAVAREEI LLP
1828 L Street NW, Suite 1000
Washington, DC 20036
Telephone: (202) 973-0900
Facsimile: (202) 973-0950
E-mail: jkaliel@tzlegal.com
hzavareei@tzlegal.com
Defendant-Petitioner DEOLEO USA, INC., FKA Med Foods, Inc., is
represented by:
Jeffrey B. Margulies, Esq.
Stephanie Anne Stroup, Esq.
FULBRIGHT & JAWORSKI LLP
555 South Flower Street, 41st Floor
Los Angeles, CA 90071
Telephone: (213) 892-9200
Facsimile: (213) 892-9494
E-mail: jeff.margulies@nortonrosefulbright.com
stephanie.stroup@nortonrosefulbright.com
MEDICAL SOLUTIONS: "Dittman" Seeks Housing and Meal Benefits
------------------------------------------------------------
Bryon Dittman, an individual on behalf of himself and others
similarly situated, Plaintiffs, v. Medical Solutions, LLC. and
Does 1 to 10 inclusive, Defendants, Case No. 2:17-at-00918 (E.D.
Cal., September 6, 2017) seeks any unpaid wages, overtime pay,
liquidated damages, attorneys' fees, costs and other relief under
the California Business and Professions Code, Cal. Labor Code and
the Fair Labor Standards Act.
Medical Solutions is a staffing company that employs hourly
healthcare professionals for short-term travel assignments at
healthcare providers throughout the United States. It allegedly
failed to include the value of housing and meal and incidental
benefits in the regular rate of pay when calculating overtime
wages and failed to pay all wages owing at the termination of
employment. [BN]
Plaintiff is represented by:
Matthew B. Hayes, Esq.
Kye D. Pawlenko, Esq.
HAYES PAWLENKO LLP
595 E. Colorado Blvd., Suite 303
Pasadena, CA 91101
Tel: (626) 808-4357
Fax: (626) 921-4932
Email: mhayes@helpcounsel.com
kpawlenko@helpcounsel.com
MEDNAX INC: Faces "Hinds" Suit in S. Dist. Fla.
-----------------------------------------------
A class action lawsuit has been filed against Mednax, Inc., a
Florida corporation. The case is styled as Hartley Hinds,
individually and on behalf of all others similarly situated,
Plaintiff v. Mednax, Inc., a Florida corporation, Defendant, Case
No. 0:17-cv-61827-BB (S.D. Fla., September 20, 2017).
MEDNAX, Inc. is a provider of physician services, including
newborn, anesthesia, maternal-fetal, teleradiology, pediatric
cardiology and other pediatric subspecialty care.[BN]
The Plaintiff is represented by:
Lindsay Marie Massillon, Esq.
Eiss Massillon, P.L.
7951 SW 6th Street, Suite 308
Plantation, FL 33324
Tel: (954) 914-7890
Email: lindsay@eissmassillon.com
- and -
Charles Merrill Eiss, Esq.
Eiss Massillon, P.L.
7951 SW 6th Street, Suite 308
Plantation, FL 33324
Tel: (954) 914-7890
Fax: (855) 423-5298
Email: chuck@eissmassillon.com
MILLER & ASSOCIATES: Faces "Davis-Fisk" Suit in N.D. of New York
----------------------------------------------------------------
A class action lawsuit has been filed against Richard J. Miller &
Associates, P.C. The case is styled as Veronica M. Davis-Fisk,
individually and on behalf of all others similarly situated,
Plaintiff v. Richard J. Miller & Associates, P.C. doing business
as: Miller & Associates, Defendant, Case No. 1:17-cv-01048-MAD-CFH
(N.D.N.Y., September 21, 2017).
Richard J. Miller & Associates, P.C. is a law firm.[BN]
The Plaintiff is represented by:
Craig B. Sanders, Esq.
Sanders Law Firm, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Tel: (516) 203-7600
Fax: (516) 281-7601
Email: csanders@barshaysanders.com
MONSANTO COMPANY: Faces Cow-Mil Suit Over Xtend Seed System
-----------------------------------------------------------
Cow-Mil Farms, Inc., individually and on behalf of all others
similarly situated v. Monsanto Company, Case No. 4:17-cv-02386-AGF
(E.D. Miss., September 8, 2017), is an action for damages
sustained as a result of the Defendant's premature
commercialization of its genetically modified cotton and soybean
Xtend seed system without the corollary herbicide, which directly
caused lasting and wide-ranging damage to the agricultural and
environmental landscape across the United States.
Monsanto Company is one of the largest agro-chemical and
biotechnology companies in the world with annual sales exceeding
$13 billion. [BN]
The Plaintiff is represented by:
Eric Sowers, Esq.
Ferne P. Wolf, Esq.
Joshua M. Pierson, Esq.
530 Maryville Centre Drive, Suite 460
Saint Louis, MO 63141
Telephone: (314) 744-4010
Facsimile: (314) 744-4026
E-mail: es@sowerswolf.com
fw@sowerswolf.com
jp@sowerswolf.com
- and -
Hart L. Robinovitch, Esq.
ZIMMERMAN REED LLP
14646 N. Kierland Blvd., Suite 145
Scottsdale, AZ 85254
Telephone: (480) 348-6400
Facsimile: (480) 348-6415
E-mail: Hart.Robinovitch@zimmreed.com
- and -
Charles S. Zimmerman, Esq.
Alyssa J. Leary, Esq.
ZIMMERMAN REED LLP
1100 IDS Center 80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 341-0400
Facsimile: (612) 341-0844
E-mail: Charles.Zimmerman@zimmreed.com
Alyssa.Leary@zimmreed.com
- and -
J. Bruce McMath, Esq.
Will Bond, Esq.
Samuel E. Ledbetter, Esq.
MCMATH WOODS P.A.
711 W. Third Street
Little Rock, AR 72201
Telephone: (501) 396-5412
Facsimile: (501) 374-5118
E-mail: Bruce@mcmathlaw.com
Will@mcmathlaw.com
Sam@mcmathlaw.com
MONSANTO COMPANY: Faces "Kearney" Suit Over Roundup(R) Herbicide
----------------------------------------------------------------
David Kearney, individually and on behalf of all others similarly
situated v. Monsanto Company, Case No. 4:17-cv-02378 (E.D. Miss.,
September 8, 2017), is an action for damages as a direct and
proximate result of the Defendant's negligent and wrongful conduct
in connection with the design, development, manufacture, testing,
packaging, promoting, marketing, advertising, distribution,
labeling, and sale of the herbicide Roundup(R), containing the
active ingredient glyphosate.
Monsanto Company is a multinational agricultural biotechnology
corporation based in St. Louis, Missouri. [BN]
The Plaintiff is represented by:
Jacob A Flint, Esq.
FLINT LAW FIRM, LLC
222 E. Park St.
Edwardsville, IL 62025
Telephone: (618) 205-2017
Facsimile: (618) 288-2864
E-mail: jflint@flintfirm.com
- and -
David J. Wool, Esq.
Aimee H. Wagstaff, Esq.
ANDRUS WAGSTAFF, P.C.
7171 W. Alaska Drive
Lakewood, CO 80226
Telephone: (303) 376-6360
Facsimile: (303) 376-6361
E-mail: aimee.wagstaff@andruswagstaff.com
david.wool@andruswagstaff.com
MONSANTO COMPANY: Faces Priem Estate Suit Over Roundup(R)
---------------------------------------------------------
Estate of Bonnie E. Priem, by and through her representative
Gerald Priem, and Gerald Priem, surviving spouse of Bonnie E.
Priem on behalf of all legal heirs or Bonnie E. Priem v.
Monsanto Company, Case No. 4:17-cv-02382 (E.D. Miss., September 8,
2017), asserts damages suffered by Plaintiffs and thousands of
similarly situated victims as a direct and proximate result of the
Defendant's negligent and wrongful conduct in connection with the
design, development, manufacture, testing, packaging, promoting,
marketing, advertising, distribution, labeling, and sale of the
herbicide Roundup(R), containing the active ingredient glyphosate.
Monsanto Company is a multinational agricultural biotechnology
corporation based in St. Louis, Missouri. [BN]
The Plaintiff is represented by:
Jacob A Flint, Esq.
FLINT LAW FIRM, LLC
222 E. Park St.
Edwardsville, IL 62025
Telephone: (618) 205-2017
Facsimile: (618) 288-2864
E-mail: jflint@flintfirm.com
- and -
David J. Wool, Esq.
Aimee H. Wagstaff, Esq.
ANDRUS WAGSTAFF, P.C.
7171 W. Alaska Drive
Lakewood, CO 80226
Telephone: (303) 376-6360
Facsimile: (303) 376-6361
E-mail: aimee.wagstaff@andruswagstaff.com
david.wool@andruswagstaff.com
NAC MARKETING: Amkraut Appeals E.D. Cal. Ruling to Ninth Circuit
----------------------------------------------------------------
Plaintiff Joel Amkraut filed an appeal from a court ruling
relating to the lawsuit entitled Joel Amkraut v. NAC Marketing
Company, LLC, Case No. 2:13-cv-00656-KJM-AC, in the U.S. District
Court for the Eastern District of California, Sacramento.
As previously reported in the Class Action Reporter on August 18,
2017, Judge Kimberley J. Mueller granted NAC's motion to dismiss
Amkraut's complaint.
Plaintiffs Amkraut and Luman brought a class action against the
Defendants, alleging that the Defendants falsely advertised NAC's
product would treat symptoms of benign prostate hyperplasia, a
progressive disease caused by an enlarged prostate. The District
Court dismissed the Plaintiffs' claims in full on Feb. 4, 2014.
On April 8, 2016, the Ninth Circuit (i) affirmed dismissal of
Luman's claims; (ii) affirmed dismissal of any claims against
Theisman; but (iii) reversed dismissal of Amkraut's claims against
NAC and remanded the case back to the District Court.
The appellate case is captioned as Joel Amkraut v. NAC Marketing
Company, LLC, Case No. 17-16806, in the United States Court of
Appeals for the Ninth Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Transcript must be ordered by October 6, 2017;
-- Transcript is due on November 6, 2017;
-- Appellant Joel Amkraut's opening brief is due on
December 15, 2017;
-- Appellee NAC Marketing Company, LLC's answering brief is
due on January 16, 2018; and
-- Appellant's optional reply brief is due 21 days after
service of the answering brief.[BN]
Plaintiff-Appellant JOEL AMKRAUT, individually and on behalf of
all others similarly situated, is represented by:
Scott Bursor, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Telephone: (212) 989-9113
Facsimile: (212) 989-9163
E-mail: scott@bursor.com
- and -
Lawrence Timothy Fisher, Esq.
BURSOR & FISHER, P.A.
1990 N. California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
E-mail: ltfisher@bursor.com
Defendant-Appellee NAC MARKETING COMPANY, LLC, DBA New Vitality,
is represented by:
Brad William Seiling, Esq.
MANATT, PHELPS & PHILLIPS, LLP
11355 West Olympic Boulevard
Los Angeles, CA 90064
Telephone: (310) 312-4000
E-mail: bseiling@manatt.com
NATIONAL RECOVERY: Class Certification Sought in "O'Dell" Suit
--------------------------------------------------------------
Corine O'Dell moves the Court for an order certifying the matter
entitled CORINE O'DELL, on behalf of herself and all others
similarly situated v. NATIONAL RECOVERY AGENCY, Case No. 5:16-cv-
05211-EGS (E.D. Pa.), as a class action.
The proposed Class is defined as:
(a) all consumers with a Pennsylvania address and a zip code
of 17512; (b) that incurred a debt from Lancaster General
Health; (c) for which Defendant sought to collect on the
debt; (d) that thereafter the debt was pulled back by
Lancaster General Health; (e) and subsequently returned to
Defendant; (f) after which Defendant placed a trade line on
the consumers' credit reports for the returned debt; (g)
that reported the date placed for collection and the date of
delinquency as the date the accounts had been returned and
inputted; (h) during a period beginning one year prior to
the filing of this initial action and ending 21 days after
the service of the initial complaint filed in this action.
The lawsuit accuses the Defendant, a debt collector, of violating
the provisions of the Fair Debt Collection Practices Act banning
false, deceptive, or misleading collection conduct.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=AdcsR8vh
The Plaintiff is represented by:
Daniel Zemel, Esq.
Elizabeth Apostola, Esq.
ZEMEL LAW LLC
78 John Miller Way, Suite 430
Kearny, NJ 07032
Telephone: (862) 227-3106
E-mail: dz@zemellawllc.com
ea@zemellawllc.com
NESTLE WATERS: Roz's Bid to Certify Class and Sub-Classes Denied
----------------------------------------------------------------
The Honorable Stephen V. Wilson denied without prejudice the
motion for class certification filed by Plaintiffs Richard Roz and
Shneur Gottlieb in the lawsuit titled Richard Roz, et al. v.
Nestle Waters North America, Inc., Case No. 2:16-cv-04418-SVW-JEM
(C.D. Cal.).
The lawsuit is brought against the Defendant for alleged
violations of California's Automatic Purchase Renewal Statute,
California's Unfair Competition Law, and California's False
Advertising Law. The Plaintiffs allege that they ordered
individual water products from the Defendant. Subsequently, the
Plaintiffs claim that without their knowledge the Defendant
enrolled them in an auto-renewal program, meaning that water was
repeatedly delivered and their credit or debit cards were charged
monthly.
In their Motion, the Plaintiffs seek to certify a class defined
as:
All persons in California whose credit cards, debit cards,
or bank accounts were charged on a recurring basis by
Nestle, as part of an automatic renewal plan or continuous
service offer, without Nestle obtaining preauthorization of
the electronic fund transfer between September 22, 2012 and
September 22, 2016.
The Plaintiffs' overall class consists of five sub-classes, which
the Plaintiffs define as:
-- Sub-Class 1 (online charges without authorization):
All persons in California who initiated services with
Nestle online whose credit cards, debit cards, or bank
accounts were charged on a recurring basis by Nestle, as
part of an automatic renewal plan or continuous service
offer, without Nestle obtaining preauthorization of the
electronic fund transfer between September 22, 2012 and
September 22, 2016;
-- Sub-Class 2 (telephonic charges without preauthorization):
All persons in California who initiated services with
Nestle on the telephone whose credit cards, debit cards, or
bank accounts were charged on a recurring basis by Nestle,
as part of an automatic renewal plan or continuous service
offer, without Nestle obtaining preauthorization of the
electronic fund transfer between September 22, 2012 and
September 22, 2016;
-- Sub-Class 3 (material change without notice):
All persons in California whose credit cards, debit cards,
or bank accounts were charged on a recurring basis by
Nestle, as part of an automatic renewal plan or continuous
service offer, where Nestle made a material change to the
terms of the agreement without providing advanced clear and
conspicuous notice of the change prior to the electronic
fund transfer between September 22, 2012 and September 22,
2016;
-- Sub-C lass 4 (telephonic failure to inform regarding
cancellation):
All persons in California who initiated services with
Nestle telephonically whose credit cards, debit cards, or
bank accounts were charged on a recurring basis by Nestle,
as part of an automatic renewal plan or continuous service
offer, where Nestle failed to provide information regarding
how to cancel the automatic renewal plan in a clear and
conspicuous manner during the initial telephonic
communication between September 22, 2012 and September 22,
2016; and
-- Sub-Class 5 (online failure to inform regarding
cancellation):
All persons in California who initiated services with
Nestle online whose credit cards, debit cards, or bank
accounts were charged on a recurring basis by Nestle, as
part of an automatic renewal plan or continuous service
offer, where Nestle failed to provide information regarding
how to cancel the automatic renewal plan in a clear and
conspicuous manner dining the initial online sign up
between September 22, 2012 and September 22, 2016.
Although there are other reasons outside of commonality where the
class might fail, the Court need not address those at this point
in time, Judge Wilson notes. The telephonic sub-classes do not
have commonality because individual issues of notice,
representation, and consent exist, Judge Wilson opines.
In addition, Judge Wilson concludes that the members of Sub-
Classes 2, 3, and 4 did not have similar conversations with sales
associates and a claim form cannot remedy the individualized
issues. He adds that the overall class includes the members of
each of those sub-classes, therefore, the entire class does not
have the commonality that Rule 23(a)(3) of the Federal Rules of
Civil Procedure requires.
A copy of the Civil Minutes is available at no charge at
http://d.classactionreporternewsletter.com/u?f=8O57XY17
NESTLE WATERS: Faces 2nd Product Labeling Class Suit in Maine
-------------------------------------------------------------
The Associated Press reports that a new lawsuit accuses Poland
Spring water of deceiving customers by putting the words "100
percent natural spring water" on product labels.
The federal class-action lawsuit in Maine targets corporate parent
Nestle Waters North America, which is accused of bottling water
from wells and municipal sources that don't meet the federal
definition of spring water.
New York attorney Gregory Nespole said on Sept. 12 that consumers
paid a premium for spring water and received "common groundwater."
A similar federal lawsuit was filed last month in Connecticut.
A panel of senior judges will likely need to decide whether the
lawsuits should be combined, and where they should be heard.
A Nestle Waters official called the new lawsuit filed on Sept. 8 a
"copycat" that's likely based on the same "meritless claims" as
the earlier lawsuit.
NISSIN FOODS: Sued Over Failure to Properly Pay Employees
---------------------------------------------------------
Virginia Solares, individually, and on behalf of all others
similarly situated v. Nissin Foods (U.S.A.) Co., Inc.,
Employbridge LLC, and Does 1 through 100, inclusive, Case No.
BC675050 (Cal. Super. Ct., September 8, 2017), seeks to recover
unpaid overtime wages for all time over eight hours worked and
interest thereon, compensation for failure to pay for all hours
worked, and payment of minimum wages, waiting time penalties,
itemized wage statement penalties, compensation for missed meal
and rest breaks, civil penalties, under the California Labor Code.
Nissin Foods (U.S.A.) Co., Inc. operates a manufacturing company
that produces and sells instant noodles to customers in the United
States. [BN]
The Plaintiff is represented by:
Reed Aljian, Esq.
Justin E. D. Daily, Esq.
Daniel J. Hyun, Esq.
DAILY ALJIAN LLP
100 Bayview Circle, Suite 5500
Newport Beach, CA 92660
Telephone: (949) 861-2524
Facsimile: (949) 269-6364
E-mail: ra@dallp.com
jd@dallp.com
dh@dallp.com
PORSCHE CARS: Faces "Swank" Suit Over Defective Camshaft Bolts
--------------------------------------------------------------
Travis Swank, on behalf of themselves and all others similarly
situated v. Porsche Cars North America, Inc., Case No. 2:17-at-
00930 (E.D. Cal., September 8, 2017), is brought on behalf of
plaintiff and a class of current and former Porsche vehicle owners
and lessees with defective camshaft adjuster bolts utilized in
numerous Porsche vehicles sold in the United States, including but
not limited to: Cayenne S (MY 2011), Cayenne Turbo (MY 2011),
Panamera (MYs 2011 and 2012), Panamera 4 (MYs 2011 and 2012),
Panamera 4S (MYs 2010, 2011, and 2012), Panamera S (MYs 2010,
2011, and 2012), and Panamera Turbo (MYs 2010, 2011, and 2012).
Located at One Porsche Drive, Atlanta, Georgia, Porsche Cars North
America, Inc. manufactures and distributes Porsche cars for
customers worldwide. [BN]
The Plaintiff is represented by:
Richard D. McCune, Esq.
David C. Wright, Esq.
MCCUNE WRIGHT AREVALO LLP
3281 Guasti Road, Suite 100
Ontario, CA 91761
Telephone: (909) 557-1250
Facsimile: (909) 557-1275
E-mail: rdm@mccunewright.com
dcw@mccunewright.com
- and -
Joseph G. Sauder, Esq.
Matthew D. Schelkopf, Esq.
Joseph B. Kenney, Esq.
MCCUNE WRIGHT AREVALO LLP
555 Lancaster Avenue
Berwyn, PA 19312
Telephone: (909) 557-1250
E-mail: jgs@mccunewright.com
mds@mccunewright.com
jbk@mccunewright.com
PRIMANTI CORPORATION: Koenig Moves for Certification Under FLSA
---------------------------------------------------------------
The Plaintiff in the lawsuit titled CHELSEA KOENIG, on behalf of
herself and all others similarly situated v. PRIMANTI CORPORATION
D/B/A PRIMANTI BROS.; DAVID HEAD; ANDREW TAUB; DEMETRIOS PATRINOS;
JAMES CHU; NICHOLAS NICHOLAS; and DOE DEFENDANTS 1-10, Case No.
2:16-cv-01402-NBF (W.D. Pa.), moves the Court for an Order
granting:
(i) conditional collective certification pursuant to the
Fair Labor Standards Act, 29 U.S.C. Section 216(b);
(ii) issuance of Notice to all members of the putative
Collective Class in accordance with Hoffman-La Roche v.
Sperling, 493 U.S. 165 (1989); and
(iii) the production to the Plaintiff of all names and
addresses of members of the collective class.
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=5ywLeMBt
The Plaintiff is represented by:
Gerald D. Wells, III, Esq.
Robert J. Gray, Esq.
CONNOLLY WELLS & GRAY, LLP
2200 Renaissance Boulevard, Suite 275
King of Prussia, PA 19406
Telephone: (610) 822-3700
Facsimile: (610) 822-3800
E-mail: gwells@cwglaw.com
rgray@cwglaw.com
- and -
Gary F. Lynch, Esq.
Benjamin J. Sweet, Esq.
Jamisen A. Etzel, Esq.
CARLSON LYNCH SWEET KILPELA & CARPENTER, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
Facsimile: (412) 231-0246
E-mail: glynch@carlsonlynch.com
bsweet@carsonlynch.com
jetzel@carsonlynch.com
- and -
Michael K. Yarnoff, Esq.
KEHOE LAW FIRM, P.C.
Two Penn Center Plaza
1500 JFK Boulevard, Suite 1020
Philadelphia, PA 19102
Telephone: (215) 792-6676
Facsimile: (215) 792-6676
E-mail: myarnoff@kehoelawfirm.com
PRIMANTI CORPORATION: Koenig Seeks Cert. of Tipped Workers Class
----------------------------------------------------------------
The Plaintiff in the lawsuit styled CHELSEA KOENIG, on behalf of
herself and all others similarly situated v. PRIMANTI CORPORATION
D/B/A PRIMANTI BROS.; DAVID HEAD; ANDREW TAUB; DEMETRIOS PATRINOS;
JAMES CHU; NICHOLAS NICHOLAS; and DOE DEFENDANTS 1-10, Case No.
2:16-cv-01402-NBF (W.D. Pa.), moves the Court for an Order
granting (i) certification of a proposed class pursuant to Rule 23
of the Federal Rules of Civil Procedure, and (ii) issuance of
Notice to all members of the proposed Class consisting of:
all Tipped Employees (servers, bartenders, bussers, and/or
food runners) who work/worked at Defendant's Pennsylvania
location,
A copy of the Motion is available at no charge at
http://d.classactionreporternewsletter.com/u?f=Wpi54wXv
The Plaintiff is represented by:
Gerald D. Wells, III, Esq.
Robert J. Gray, Esq.
CONNOLLY WELLS & GRAY, LLP
2200 Renaissance Boulevard, Suite 275
King of Prussia, PA 19406
Telephone: (610) 822-3700
Facsimile: (610) 822-3800
E-mail: gwells@cwglaw.com
rgray@cwglaw.com
- and -
Gary F. Lynch, Esq.
Benjamin J. Sweet, Esq.
Jamisen A. Etzel, Esq.
CARLSON LYNCH SWEET KILPELA & CARPENTER, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
Facsimile: (412) 231-0246
E-mail: glynch@carlsonlynch.com
bsweet@carsonlynch.com
jetzel@carsonlynch.com
- and -
Michael K. Yarnoff, Esq.
KEHOE LAW FIRM, P.C.
Two Penn Center Plaza
1500 JFK Boulevard, Suite 1020
Philadelphia, PA 19102
Telephone: (215) 792-6676
Facsimile: (215) 792-6676
E-mail: myarnoff@kehoelawfirm.com
PROCTER & GAMBLE: "Colbert" Product Suit Transferred to S.D. Ohio
-----------------------------------------------------------------
The case captioned Tarence Colbert, individually, and on behalf of
all others similarly-situated, Plaintiff, v. The Procter & Gamble
Company d/b/a Old Spice and John and Jane Does 1-10, Defendants,
Case No. 1:16-cv-02636, (S.D. N.Y., April 8, 2016), was
transferred to the U.S. District Court for the Southern District
of Ohio on September 6, 2017, under Case No. 1:17-cv-00585.
Plaintiff seeks damages sustained from breach of warranty,
negligence, strict products liability, unjust enrichment,
negligent misrepresentation and fraudulent concealment and/or
inducement in connection with Defendant's Old Spice deodorant.
Colbert alleges that using Old Spice deodorant regularly and
routinely caused him to sustain burning, rashes, and skin
irritation. [BN]
Plaintiff is represented by:
Brittany Sloane Weiner, Esq.
IMBESI LAW P.C.
450 7th Avenue
New York, NY 10123
Tel: (646) 380-9555
Fax: (212) 658-9177
Email: brittany@lawicm.com
- and -
Jeanne Lahiff, Esq.
WEISBERG & MYERS
80 Broad Street
New York, NY 10004
Email: rsvp2jeanne@gmail.com
- and -
Paul Brian Maslo, Esq.
NAPOLI SHKOLNIK PLLC
400 Broadhollow Road St. 350
Melville, NY 11747
Tel: (212) 397-1000 Ext. 2561
Fax: (646) 843-7603
Email: pmaslo@napolilaw.com
- and -
Salvatore Charles Badala, Esq.
NAPOLI SHKOLNIK PLLC
1301 Avenue of the Americas
New York, NY 10019
Tel: (212) 397-1000
Fax: (646) 843-7603
Email: sbadala@napolilaw.com
The Procter & Gamble Company is represented by:
Stephanie Elizabeth Niehaus, Esq.
SQUIRE PATTON BOGGS (US) LLP
30 Rockefeller Plaza, 23rd Floor
New York, NY 10112
Tel: (212) 872-9851
Fax: (212) 872-9815
Email: stephanie.niehaus@squirepb.com
- and -
Scott Allen Kane, Esq.
SQUIRE SANDERS (US) LLP
221 East Fourth Street, Suite 2900
Cincinnati, OH 45202
Tel: (513) 361-1200
Fax: (513) 361-1201
Email: scott.kane@squiresanders.com
QUAKER OATS: Seventh Circuit Appeal Filed in "Gibson" Class Suit
----------------------------------------------------------------
Plaintiffs Kathleen Gibson, Danielle S. Cooper, Lewis Daly and
Robyn Jaffee filed an appeal from a court ruling in the lawsuit
entitled Kathleen Gibson, et al. v. Quaker Oats Company, Case No.
1:16-cv-04853, in the U.S. District Court for the Northern
District of Illinois, Eastern Division.
As previously reported in the Class Action Reporter, the lawsuit
alleges that the Company's oats contain a herbicide called
glyphosate that is harmful to people's health. The lawsuit
alleges that the presence of the glyphosate, while not unlawful in
its own right, undermined Quaker's "Green and environmentally
conscious" brand and proved that its advertising was intended to
mislead. The Plaintiffs brought claims alleging negligent
misrepresentation; unjust enrichment; and violation of the
Illinois Food, Drug and Cosmetic Act and the Consumer Fraud and
Deceptive Business Practices Act, among others.
The appellate case is captioned as Kathleen Gibson, et al. v.
Quaker Oats Company, Case No. 17-2882, in the U.S. Court of
Appeals for the Seventh Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Transcript information sheet is due today, September 26,
2017;
-- Appellants' brief is due on or before October 23, 2017, for
Danielle S. Cooper, Lewis Daly, Kathleen Gibson and Robyn
Jaffee.[BN]
Plaintiffs-Appellants KATHLEEN GIBSON, on behalf of herself and
others similarly situated, DANIELLE S. COOPER, ROBYN JAFFEE and
LEWIS DALY are represented by:
Kim E. Richman, Esq.
RICHMAN LAW GROUP
81 Prospect Street
Brooklyn, NY 11201
Telephone: (212) 687-8291
E-mail: krichman@richmanlawgroup.com
Defendant-Appellee QUAKER OATS COMPANY is represented by:
Erik J. Ives, Esq.
FOX, SWIBEL, LEVIN & CARROLL, LLP
200 W. Madison Street
Chicago, IL 60606-0000
Telephone: (312) 224-1239
E-mail: eives@fslc.com
RUANE CUNNIFF: Cooper Appeals Order in ERISA Suit to 2nd Cir.
-------------------------------------------------------------
Plaintiff Clive V. Cooper filed an appeal from the District
Court's opinion & order dated August 15, 2017, in the lawsuit
styled Cooper v. DST Systems, Inc., et al., Case No. 16-cv-1900,
in the U.S. District Court for the Southern District of New York
(New York City).
The appellate case is captioned as Cooper v. DST Systems, Inc.,
Case No. 17-2805, in the United States Court of Appeals for the
Second Circuit.
Plaintiff Clive V. Cooper brought the lawsuit individually and as
a representative of a class of similarly situated plan
participants, on behalf of the DST Systems, Inc. 401(K) Profit
Sharing Plan.
The Defendants are Ruane Cunniff & Goldfarb Inc.; DST Systems,
Inc.; The Advisory Committee of the DST Systems, Inc. 401(K)
Profit Sharing Plan; The Compensation Committee of the Board of
Directors of DST Systems, Inc.; Jerome H. Bailey; Lynn Dorsey
Bleil; Gary D. Forsee; Charles E. Haldeman, Jr.; Samuel G. Liss;
John Does, 1-20; Lowell L. Bryan; and Gregg Wm. Givens
As previously reported in the Class Action Reporter on August 25,
2017, Judge William P. Pauley, III, granted Ruane's motion to
compel arbitration in the case.
This ERISA action arises from the alleged mismanagement of assets
in the DST Systems, Inc. 401(k) Profit Sharing Plan. Cooper,
individually and as representative of similarly situated Plan
participants, brings claims on behalf of the Plan, alleging
principally that the Plan's fiduciaries pursued an imprudent
investment strategy that resulted in losses exceeding $100
million. Cooper further alleges that the Plan fiduciaries
deprived participants of timely and meaningful information
regarding their investments, including investment objectives,
strategies, portfolio holdings, and the risk levels associated
with each investment. Moreover, he claims that conflicts of
interest between Ruane -- the Plan's investment manager -- and DST
hobbled management of the Plan, and allowed Ruane to enter into
self-dealing transactions, charge unreasonable fees, and continue
as investment manager despite years of dismal performance. Ruane
moves to compel Cooper to arbitrate his claims, or in the
alternative, dismiss Count Three of the Complaint.[BN]
The Plaintiff-Appellant is represented by:
Laurie Rubinow, Esq.
SHEPHERD, FINKELMAN, MILLER & SHAH, LLP
65 Main Street
Chester, CT 06412
Telephone: (86) 526-1100
E-mail: lrubinow@sfmslaw.com
Defendant-Appellee Ruane Cunniff & Goldfarb Inc. is represented
by:
Robert J. Ward, Esq.
SCHULTE ROTH & ZABEL LLP
919 3rd Avenue
New York, NY 10022
Telephone: (212) 756-2000
E-mail: robert.ward@srz.com
SABATINO'S INC: Faces "Feehley" Suit over Wage and Hour Violation
-----------------------------------------------------------------
Todd Feehley, 716 W. Hamburg Street Baltimore, Maryland 21231;
Theresa Landsman 2111 Dundalk Avenue Baltimore, Maryland 21222;
and Robert Cowden 402 South Bond Street Baltimore, Maryland 21231,
On behalf of themselves and others similarly situated, the
Plaintiffs, v. Sabatino's, Inc. 901 Fawn Street Baltimore,
Maryland 21202; and Vincent Culotta 901 Fawn Street Baltimore,
Maryland 21202, the Defendants, Case No. 1:17-cv-02591-CCB (D.
Md., Sep. 6, 2017), seeks to recover actual sums owed, liquidated
damages, attorneys' fees, and costs as provided under the Fair
Labor Standards Act, supplemental state law, Maryland's Wage and
Hour Law, and Maryland Wage Payment and Collection Law.
According to the complaint, by failing to pay the Plaintiffs the
statutory minimum wage and overtime wages that were due,
Plaintiffs allege that Defendants willfully violated very clear
and well-established minimum wage and overtime provisions of the
FLSA. Similarly, Plaintiffs allege that the Defendants violated
the minimum wage and overtime provisions of the MWHL, and failed
to pay earned wages in violation of the MWPCL.
Sabatino's Inc. owns and operates Sabatino's Italian Restaurant in
the Little Italy neighborhood of Baltimore, Maryland.[BN]
The Plaintiff is represented by:
Howard B. Hoffman, Esq.
600 Jefferson Plaza, Ste. 304
Rockville, MD 20852
Telephone: (301) 251-3752
- and -
Bradford W. Warbasse, Esq.
401 Washington Avenue, Ste. 200
Towson, Maryland 21204
SAMSUNG ELECTRONICS: "Barnett" Sues Over Defective Cellphone
------------------------------------------------------------
Michelle Barnett, individually and on behalf of all others
similarly situated, Plaintiff, v. Samsung Electronics America,
Inc., Defendant, Case No. 2:17-cv-06828 (D.N.J., September 6,
2017), seeks injunctive relief, actual, general, special,
incidental, statutory, treble or multiple, punitive and
consequential damages, pre-judgment and post-judgment interest on
such monetary relief, restitution, reasonable costs and expenses
incurred in this action, including counsel fees and expert fees
and such other relief under the Magnuson-Moss Warranty Act.
Barnett purchased a brand new Samsung Note 4 online from eBay. A
defect in the Note 4 causes sluggish performance, freezing,
unprompted reboots and, eventually, complete failure with the
propensity to crash and then become stuck on the initial Samsung
boot screen rendering the phone useless, says the complaint. [BN]
Plaintiff is represented by:
Benjamin F. Johns
CHIMICLES & TIKELLIS LLP
361 W. Lancaster Avenue
Haverford, PA 19041
Tel: (610) 642-8500
Email: bfj@chimicles.com
SAN GABRIEL TEMPORARY: Faces "Hernandez" Wage-and-Hour Suit
-----------------------------------------------------------
DEANNA HERNANDEZ, on behalf of herself all others similarly
situated, the Plaintiff, v. SAN GABRIEL TEMPORARY STAFFING
SERVICES, LLC, a California limited liability company, d/b/a
LABORMAX STAFFING; SAN GABRIEL TEMPORARY STAFFING SER VICES, LLC,
a California limited liability company, d/b/a PIRATE STAFFTNG; and
DOES 1 through 100, inclusive, the Defendants, Case No. 17CV315506
(Cal. Super. Ct., Sep. 6, 2017), seeks all available remedies
including statutory damages and/or actual damages, punitive
damages, injunctive and equitable relief and attorneys' fees and
costs under the Fair Credit Reporting Act and California Labor
Code.
According to the complaint, Defendants failed to comply with Labor
Code as all applicable hourly rates in effect during the pay
period and the corresponding number of hours worked at each hourly
rate by the employee were not accurately reflected.[BN]
The Plaintiff is represented by:
Shaun Setareh, Esq.
H. Scott Leviant, Esq.
SETAREH LAW GROUP
9454 Wilshire Boulevard, Suite 907
Beverly Hills, CA 90212
Telephone (310) 888 7771
Facsimile (310) 888 0109
E-mail: shaun@setarehlaw.com
scott@setarchlaw.com
SAP AMERICA: "Elwell" Suit in Cal. Seeks to Recover Unpaid Wages
----------------------------------------------------------------
Brian Elwell, individually and on behalf of all others similarly
situated v. SAP America, Inc.; and Does 1 through 5, inclusive,
Case No. BC675323 (Cal. Super. Ct., September 8, 2017), seeks to
recover commission wages, penalties, and all other available
relief on behalf of Plaintiff and all other employees of the
Defendants currently or previously employed as sales persons in
California.
SAP America, Inc. develops business software solutions that helps
improve business operations, such as supplier relationships,
production, warehouse management, sales, customer relationships,
and administrative functions. [BN]
The Plaintiff is represented by:
Sergio Bent, Esq.
Steven M, Kroll, Esq.
BENT CARYL & KROLL, LLP
6300 Wilshire Boulevard, Suite 1415
Los Angeles, CA 90048
Telephone: (323) 315-0510
Facsimile: (323) 951-0194
E-mail: sbent@bcklegal.com
skroll@bcklegal.com
SHAR INVESTMENTS: Faces "Fuentes" Suit in N.D. of Texas
-------------------------------------------------------
A class action lawsuit has been filed against Shar Investments
LLC. The case is styled as Erika Fuentes, individually and on
behalf of all others similarly situated, Plaintiff v. Shar
Investments LLC and Seri Shar, Defendants, Case No. 3:17-cv-02584-
C (N.D. Tex., September 21, 2017).
Shar Investments LLC is an investment firm.[BN]
The Plaintiff is represented by:
Drew N Herrmann, Esq.
Hermann Law PLLC
777 Main St., Suite 600
Fort Worth, TX 76102
Tel: (817) 479-9229
Fax: (817) 260-0801
Email: drew@herrmannlaw.com
- and -
Carley Sue Amyx, Esq.
Herrmann Law PLLC
777 Main Street, Suite 600
Fort Worth, TX 76102
Tel: (817) 479-9229
Fax: (817) 887-1878
Email: carley@herrmannlaw.com
SHOWTIME NETWORKS: "Garcia" Hits Bad Pay-Per-View Live Stream
-------------------------------------------------------------
Phillip Garcia, individually and on behalf of all others similarly
situated, Plaintiff, v. Showtime Networks Inc., William Morris
Endeavor Entertainment, LLC, Zuffa, LLC, Defendants, Case No.
3:17-cv-01803, (S.D. Cal., September 6, 2017), seeks all actual,
consequential, statutory and/or treble damages, including
restitution interest and disgorgement of all amounts paid by
Plaintiff for breach of contract, consumer fraud, and unjust
enrichment.
Garcia paid $99.95 to view live stream of the Floyd Mayweather,
Jr. and Conor McGregor boxing match on www.showtimeppv.com.
Plaintiff was not able to view a substantial portion of the event
as the Defendant's service continually logged. Plaintiff has not
yet received a refund.
Showtime Networks Inc. is a subsidiary of media conglomerate CBS
Corporation and owns CBS's premium cable television channels. [BN]
Plaintiff is represented by:
Aaron M. Olsen, Esq.
Alreen Haeggquist, Esq.
HAEGGQUIST & ECK, LLP
225 Broadway, Suite 2050
San Diego, CA 92101
Telephone: (619) 342-8000
Facsimile: (619) 342-7878
Email: ambere@haelaw.com
alreenh@haelaw.com
- and -
Eric A. Laguardia, Esq.
402 West Broadway, Suite 800
San Diego, CA 92101
Telephone: (619) 655-4322
Facsimile: (619) 655-4344
Email: eal@laguardialaw.com
SOLOMON & SOLOMON: Faces "Fondacaro" Suit in N.D. of New York
-------------------------------------------------------------
A class action lawsuit has been filed against Solomon & Solomon,
P.C. The case is styled as Victor Fondacaro, on behalf of himself
and all others similarly situated, Plaintiff v. Solomon & Solomon,
P.C. and Julie B. Solomon, Defendants, Case No. 1:17-cv-01053-BKS-
DJS (N.D.N.Y., September 21, 2017).
Solomon & Solomon, P.C. is a collection law firm which provides
both collection and litigation services on delinquent
receivables.[BN]
The Plaintiff is represented by:
Robert L. Arleo, Esq.
Office of Robert L. Arleo
380 Lexington Avenue, 17th Floor
New York, NY 10168
Tel: (212) 551-1115
Fax: (518) 751-1801
Email: robertarleo@gmail.com
SOUTH ARKANSAS YOUTH: Fails to Pay Employees OT, Suit Claims
------------------------------------------------------------
Lawrence Webster, individually and on behalf of others similarly
situated v. South Arkansas Youth Services Inc., and Jerry Walsh,
Case No. 5:17-cv-00237-BRW (E.D. Ark., September 8, 2017), is
brought against the Defendants for failure to pay overtime
compensation for the hours worked in excess of 40 hours in a
single week.
South Arkansas Youth Services Inc. houses juvenile offenders under
various contracts with the State of Arkansas. [BN]
The Plaintiff is represented by:
Steve Schulte, Esq.
SCHULTE LAW FIRM
2024 Arkansas Valley Dr. #707
Little Rock, AR 72212
Telephone: (501) 907-7070
E-mail: steve@schultelaw.com
UNIQLO CALIFORNIA: Seeks 9th Cir. Review of Order in Rivera Suit
----------------------------------------------------------------
Defendants Uniqlo California, LLC, and Fast Retailing USA, Inc.,
filed an appeal from a court ruling in the lawsuit titled Azariah
Rivera v. Uniqlo California, LLC, et al., Case No. 2:17-cv-02848-
JAK-JPR, in the U.S. District Court for the Central District of
California, Los Angeles.
As previously reported in the Class Action Reporter, the lawsuit
was filed in the Los Angeles Superior Court (Case No. BC646781),
and was later removed to the District Court. The lawsuit arose
from labor-related issues.
The appellate case is captioned as Azariah Rivera v. Uniqlo
California, LLC, et al., Case No. 17-56361, in the United States
Court of Appeals for the Ninth Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Transcript must be ordered by October 11, 2017;
-- Transcript is due on November 13, 2017;
-- Appellants Fast Retailing USA, Inc. and Uniqlo California,
LLC's opening brief is due on December 20, 2017;
-- Appellee Azariah Rivera's answering brief is due on
January 19, 2018; and
-- Appellant's optional reply brief is due 21 days after
service of the answering brief.[BN]
Plaintiff-Appellee AZARIAH RIVERA, individually and on behalf of
all others similarly situated, is represented by:
Hallie Von Rock, Esq.
Randall B. Aiman-Smith, Esq.
Reed W.L. Marcy, Esq.
AIMAN-SMITH & MARCY
7677 Oakport Street, Suite 1150
Oakland, CA 94621
Telephone: (510) 562-6800
Facsimile: (510) 562-6830
E-mail: hallievonrock@yahoo.com
ras.asm@gmail.com
rwlm@asmlawyers.com
Defendants-Appellants UNIQLO CALIFORNIA, LLC, and FAST RETAILING
USA, INC., are represented by:
Julie Dunne, Esq.
LITTLER MENDELSON, P.C.
501 W. Broadway
San Diego, CA 92101-3577
Telephone: (619) 515-1826
E-mail: jdunne@littler.com
UNITED OF OMAHA: Faces "Donnert" Suit in S.D. of Florida
--------------------------------------------------------
A class action lawsuit has been filed against United of Omaha Life
Insurance Company. The case is styled as Robert Donnert,
individually and on behalf of all others similarly situated,
Plaintiff v. United of Omaha Life Insurance Company, Defendant,
Case No. 1:17-cv-23470-UU (S.D. Fla., September 20, 2017).
United of Omaha Life Insurance Company is engaged in the insurance
industry.[BN]
The Plaintiff is represented by:
Alexander Arthur Palamara, Esq.
Dell & Schaefer
2404 Hollywood Blvd.
Hollywood, FL 33020
Tel: (954) 620-8300
Email: Alex@diattorney.com
- and -
Gregory Michael Dell, Esq.
Dell & Schaefer
2404 Hollywood Boulevard
Hollywood, FL 33020
Tel: (954) 920-7932
Fax: 922-6864
Email: gdell@dnslaw.com
UNITED STATES: Appeals Ruling in "Montrois" Suit to D.C. Circuit
----------------------------------------------------------------
Defendant The United States of America filed an appeal from a
court ruling in the lawsuit entitled Brittany Montrois, et al. v.
USA, Case No. 1:14-cv-01523-RCL, in the U.S. District Court for
the District of Columbia.
As previously reported in the Class Action Reporter, the lawsuit
arises out of the Department of the Treasury and Internal Revenue
Service's requirement that compensated tax return preparers both
obtain and pay for a preparer tax identification number.
The Plaintiffs challenge the IRS's PTIN fee, arguing first that
because the PTIN does not represent or confer a "service or thing
of value," the IRS is not permitted to impose any fee at all for
the identifying number.
The appellate case is captioned as Brittany Montrois, et al. v.
USA, Case No. 17-5204, in the United States Court of Appeals for
the District of Columbia Circuit.[BN]
Plaintiffs-Appellees Brittany Montrois, Class of More Than 700,000
Similarly Situated Individuals and Businesses, and Adam Steele are
represented by:
Allen Buckley, Esq.
LAW OFFICE OF ALLEN BUCKLEY
2802 Paces Ferry Road, Suite 100-C
Atlanta, GA 30339
Telephone: (770) 268-2010
E-mail: ab@allenbuckleylaw.com
- and -
Deepak Gupta, Esq.
GUPTA WESSLER PLLC
1900 L Street, NW, Suite 312
Washington, DC 20009
Telephone: (202) 888-1741
E-mail: deepak@guptabeck.com
- and -
Christopher S. Rizek, Esq.
CAPLIN & DRYSDALE, CHARTERED
One Thomas Circle, NW, Suite 1100
Washington, DC 20005-5802
Telephone: (202) 862-5000
E-mail: crizek@capdale.com
- and -
Elizabeth Suzzane Smith, Esq.
MOTLEY RICE LLC
1000 Potomac Street NW, Suite 150
Washington, DC 20007
Telephone: (202) 232-5504
E-mail: esmith@motleyrice.com
Plaintiffs-Appellees Brittany Montrois, Class of More Than 700,000
Similarly Situated Individuals and Businesses, Adam Steele and
Joseph Henchman are represented by:
William Henry Narwold, Esq.
MOTLEY RICE LLC
One Corporate Center
20 Church Street, 17th Floor
Hartford, CT 06103
Telephone: (860) 882-1681
Facsimile: (880) 882-1682
E-mail: bnarwold@motleyrice.com
Defendant-Appellant United States of America is represented by:
DOJ Appellate Counsel
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Telephone: (202) 514-2000
USA: Faces "Hollis" Suit in Court of Federal Claims
---------------------------------------------------
A class action lawsuit has been filed against the USA. The case is
styled as Wayne Hollis, Jr. and Peggy Hollis, individually and on
behalf of all others similarly situated, Plaintiffs v. USA,
Defendant, Case No. 1:17-cv-01300-LKG (C.F.C., September 21,
2017).[BN]
The Plaintiff is represented by:
Clayton A. Clark, Esq.
Clark, Love & Hutson, G.P.
440 Louisiana Street, Suite 1600
Houston, TX 77002
Tel: (713) 757-1400
Fax: (713) 759-1217
Email: slove@triallawfirm.com
*********
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