/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/171011.mbx C L A S S A C T I O N R E P O R T E R Wednesday, October 11, 2017, Vol. 19, No. 201 Headlines ABANTE ROOTER: Beyond Media Hits Illegal Telemarketing Calls ACH FOOD CO: Buso Files Suit Over Under-filled Baking Mix ANGIE'S LIST: Faces "Strauss" Suit Over False, Deceptive Ads ARS NATIONAL: Faces "Campbell" Suit in E.D.N.Y. ASSOCIATED CREDIT: Fuqua Sues Over Violations of FDCPA and WCPA BCA FINANCIAL: Parties Seek Final OK of "Beneli" Suit Settlement BIG FIVE: Sued in Cal. Over Failure to Provide Employees Seat BLOOMING NAILS: "Hu" Suit Seeks to Recover Overtime and Damages BUFFALO WILD: Accused by Hustad-Ramos of Not Paying All OT Hours COGNIZANT TECH: "Palmer" Suit Alleges Discrimination in Workplace CRST INTERNATIONAL: Markson Moves to Certify Class of Drivers DECIBELS OF OREGON: "Wilson" Suit Alleges FLSA Violations DR HORTON: Accused of Wrongful Conduct Over Home Sales EDWARD D JONES: Faces "White" Suit Over Failure to Pay Overtime EQUIFAX INC: Faces "Butler" Suit Over Alleged Data Breach EQUIFAX INC: Accused by Kemp of Failing to Protect Consumers' PII EQUIFAX INC: Faces "Henderson" Suit in Minn. Over Data Breach EQUIFAX INC: Fails to Secure Sensitive Info, "Johns" Suit Claims EQUIFAX INC: "Biorn" Sues Over Data Breach, Seeks Damages EQUIFAX INC: "Brock" Hits Shares Price Drop from Data Breach EQUIFAX INC: "Crow" Sues Over Data Breach, Seeks Damages EQUIFAX INC: "Blake" Sues Over Data Breach, Seeks Damages EQUIFAX INC: "Astor" Sues Over Data Breach, Seeks Damages EQUIFAX INC: "Groover" Hits Shares Price Drop from Data Breach EQUIFAX INC: "Harper" Sues Over Data Breach, Claims Damages EQUIFAX INFO: Cederdahl Seeks Damages Over Data Breach EQUIFAX INFO: Sued by "Daughtery" Over Compromised Personal Data FASHION ICON: "Mandigma" Suit Seeks to Recover Unpaid OT Wages FELCOR LODGING: "Bagheri" Securities Suit Transferred to Maryland FIELDTURF USA: Fremont City Suit Alleges Unjust Enrichment FLEETCOR TECHNOLOGIES: Faces "Green" Suit Over Unpaid Overtime GENERAL MOTORS: "Bell" Suit Seeks Warranty for Leaking Air Con GO ACCREDITED: Abante Rooter Hits Illegal Telemarketing Calls GULF DISTRIBUTING: "Stokes" Suit Alleges FLSA Violations HARRAH'S NC: "Humble" Suit Seeks Payment for Off-the-Clock Work HEALTH CARE: Craft Suit Settlement OK'd; Final Hearing on Dec. 20 HYLAND'S INC: Sweeney Appeals Ruling in "Forcellati" Class Suit INTERSTATE MANAGEMENT: Does Not Properly Pay Employees, Suit Says J. MIKE GUITARD: "Alvarado" Sues to Recover Overtime Pay KISWANI TRUCKING: Fails to Pay Overtime, "Haggerty" Suit Alleges LEDNOR CORP: "Little" Suit Seeks Unpaid Overtime Premium LOS ANGELES: Sued Over Failure to Properly Pay Police Officers LOWE'S HOME: "Rodriguez" Suit Alleges PAGA Violations MADRON SERVICES: "Bell" Suit Seeks to Recover Overtime Pay MANUFACTURERS: Faces "Fynn" Suit Over Repossession Policies MAXPOINT INTERACTIVE: Merger Deal Lacks Projections says "Berg" MDL 2639: Lamb Appeals Decision in Pacquiao MDL to Ninth Circuit MDL 2639: Rodriguez Appeals Ruling in Pacquiao MDL to 9th Cir. MDL 2639: Thrailkill Appeals Decision in Pacquiao MDL to 9th Cir. MEDSOLUTIONS INC: Gerber Withdraws Motion for Class Certification MONSANTO CO: B&L Farms Suit Removed to E.D. Mo. MONSTER DIGITAL: Oludele Seeks to Block Innovate Merger Deal NATIONWIDE CREDIT: "Bendixen" Files Suit Over FDCPA Breach OHM CONCESSION: Illegally Collects Workers Biometrics, Suit Says PREFERRED FAMILY: "Smith" Suit Seeks to Recover Unpaid Overtime SCOTTS CO: "Bates" Suit Seeks Unpaid Overtime Premiums SHOWTIME NETWORKS: "Ferrandini" Suit Removed to C.D. Cal. SIMM ASSOCIATES: Certification of Class Sought in "Rayray" Suit SL GLOBAL: Cert. of MWD Operators Class Sought in "Morgan" Suit SPEEDYPC SOFTWARE: Beaton's Bid for Class Cert. Granted in Part STAFFMARK HOLDINGS: Fronda Seeks Settlement OK; Hearing on Nov. 9 STAGES OF BEAUTY: Lopez Sues Over Auto Renewal of Subscriptions TELENETWORK PARTNERS: Madrid Wins Conditional Class Certification TEVA PHARMA: "Grodko" Hits Share Drop, Blames Generics Business TIGER NATURAL GAS: "Fishman" Suit Removed to C.D. Calif. TOWNSCAPE INSTITUTE: Accused by King of Violating Mass. Wage Act TRANSDIGM GROUP: Police/Fireman Fund Files SEC Suit TRULIFE HEALTH: "Aytch" Labor Suit Seeks Unpaid Overtime Pay WEINSTEIN PINSON: Court Certifies FDCPA Class in "Marquez" Suit ZTO EXPRESS: "Guo" Securities Suit Removed to N.D. California ********* ABANTE ROOTER: Beyond Media Hits Illegal Telemarketing Calls ------------------------------------------------------------ Beyond Media Solutions, LLC, individually and on behalf of all others similarly situated, Plaintiff, v. Abante Rooter and Plumbing Inc. and Does 1 through 10, inclusive, Defendant, Case No. 5:17-cv-01882 (N.D. Cal., September 14, 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. Thomas E. Wheeler, 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 twheeler@toddflaw.com ACH FOOD CO: Buso Files Suit Over Under-filled Baking Mix --------------------------------------------------------- Anthony Buso, individually and on behalf of all others similarly situated, Plaintiff, v. ACH Food Companies, Inc., a Delaware corporation; and DOES 1 through 10, inclusive, Defendants., Case No. 3:17-cv-01872, (S.D. Cal., September 14, 2017), seeks damages, injunctive relief and any other available legal or equitable remedies for violation of California's Consumer Legal Remedies Act, Unfair Competition Law and False Advertising Law. Buso purchased Defendant's Fleischmann's Simply Homemade (R) Baking Mix Cornbread product whose container had more than 50% empty space, says the complaint. [BN] Plaintiff is represented by: Scott J. Ferrell, Esq. PACIFIC TRIAL ATTORNEYS - A PROFESSIONAL CORPORATION 4100 Newport Place, Ste. 800 Newport Beach, CA 92660 Tel: (949) 706-6464 Fax: (949) 706-6469 Email: sferrell@pacifictrialattorneys.com ANGIE'S LIST: Faces "Strauss" Suit Over False, Deceptive Ads ------------------------------------------------------------ Steve Strauss d/b/a Classic Tree Care and on behalf of himself and all other persons similarly situated v. Angie's List, Inc., Case No. 2:17-cv-02560 (D. Kan., September 22, 2017), arises out of Angie's List's unfair, false and deceptive advertising which deceive its members, advertisers, consumers and the public into believing falsely: (1) that the commentaries and endorsements which it has published and continues to publish on Angie's website are unfiltered, substantially unedited and all-inclusive consumer- prepared commentaries and endorsements; and (2) that all ratings and/or comparative rankings of Service Providers which appear on Angie's website were and are the objective and arithmetic product of such unfiltered, substantially unedited, all-inclusive and unaltered consumer-prepared commentaries and endorsements. Angie's List, Inc. is an advertising business, rating and endorsement service having fee-paying advertisers as well as fee- paying members which, through written materials published electronically on the internet. [BN] The Plaintiff is represented by: Corbyn W. Jones, Esq. William C. Odle, Esq. Michael J. Gorman, Esq. James F.B. Daniels, Esq. 605 W. 47th Street, Suite 350 Kansas City, MO 64112 Telephone: (816) 753-5400 Facsimile: (816) 753-9996 E-mail: cjones@mcdowellrice.com wodle@mcdowellrice.com mgorman@mcdowellrice.com jdaniels@mcdowellrice.com ARS NATIONAL: Faces "Campbell" Suit in E.D.N.Y. ----------------------------------------------- A class action lawsuit has been filed against ARS National Services, Inc. The case is styled as Danuta Campbell on behalf of herself and all others similarly situated, Plaintiff v. ARS National Services, Inc., Defendant, Case No. 1:17-cv-04818 (E.D. N.Y., August 16, 2017). ARS offers accounts receivable management services. It caters to financial services organizations; banks; and credit card companies.[BN] The Plaintiff appears PRO SE. The Defendant represented by: Daniel C Cohen, Esq. Daniel Cohen, PLLC 407 Rockaway Avenue Brooklyn, NY 11212 Tel: (646) 645-8482 Fax: (347) 665-1545 Email: dancohenlaw@gmail.com ASSOCIATED CREDIT: Fuqua Sues Over Violations of FDCPA and WCPA --------------------------------------------------------------- JESSICA FUQUA, and all others similarly situated v. ASSOCIATED CREDIT SERVICE INC. a Washington Corporation; PAUL J WASSON AND JANE DOE WASSON, husband and wife, Case No. 2:17-cv-00324 (E.D. Wa., September 15, 2017), is a putative class action brought against the Defendants for alleged violations of the Fair Debt Collection Practices Act and the Washington Consumer Protection Act. Associated Credit is a Washington corporation engaged in the business of collecting debts in the state of Washington. Mr. Wasson is an attorney, who resides and practices in Spokane County, Washington. He is responsible for filing lawsuits on behalf of his client, Associated Credit. "He performed all acts and omissions complained herein on behalf of himself and the marital community comprised of Paul Wasson and Jane Doe Wasson," says the complaint. The Defendants regularly collects or attempts to collect claims owed or due or asserted to be owed or due to another person, firm, partnership, trust, joint venture, association, or corporation.[BN] The Plaintiff is represented by: Kirk D. Miller, Esq. KIRK D. MILLER, P.S. 421 W. Riverside Avenue, Suite 660 Spokane, WA 99201 Telephone: (509) 413-1494 Facsimile: (509) 413-1724 E-mail: kmiller@millerlawspokane.com BCA FINANCIAL: Parties Seek Final OK of "Beneli" Suit Settlement ---------------------------------------------------------------- The parties in the lawsuit captioned DAVID BENELI, individually and on behalf of all others similarly situated v. BCA FINANCIAL SERVICES, INC., Case No. 3:16-cv-02737-FLW-LHG (D.N.J.), jointly move for an order certifying the case to proceed as a class action and granting final approval of the Parties' class settlement agreement. The class is defined as: All New Jersey consumers who were sent a collection letter from BCA, during the time period of May 13, 2015 to May 13, 2016, in an envelope with a glassine window, in which the consumer's reference number assigned by BCA was visible through the glassine window of the enclosing envelope. Plaintiff individually and on behalf of a class, filed the class action lawsuit, which alleged that BCA violated the Fair Debt Collection Practices Act, by inter alia, by sending consumers written collection communications displayed through the consumer's account number through the glassine window of the enclosing envelope. A copy of the Joint Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=QtUDhmtu The Plaintiff is represented by: Ari H. Marcus, Esq. MARCUS & ZELMAN, LLC 1500 Allaire Avenue, Suite 101 Ocean, NJ 07712 Telephone: (732) 695-3282 Facsimile: (732) 298-6256 E-mail: Ari@MarcusZelman.com The Defendant is represented by: Richard J. Perr, Esq. Monica M. Littman, Esq. FINEMAN KREKSTEIN & HARRIS, P.C. Ten Penn Center 1801 Market Street, Suite 1100 Philadelphia, PA 19103-1628 Telephone: (215) 893-9300 Facsimile: (215) 893-8719 E-mail: rperr@finemanlawfirm.com mlittman@finemanlawfirm.com BIG FIVE: Sued in Cal. Over Failure to Provide Employees Seat ------------------------------------------------------------- Thalia Eufracio, individually, and as a representative of all others similarly situated v. Big Five Sporting Goods and Does 1 through 20, inclusive, Case No. BC676951 (Cal. Super. Ct., September 22, 2017), is brought against the Defendants for failure to provide the Plaintiff and other checkers and/or cashiers with seats as required by the Section 14 of the California Labor Code. Big Five Sporting Goods operates a nationwide sports retail chain. [BN] The Plaintiff is represented by: Andre E. Jardini, Esq. K.L. Myles, Esq. KNAPP, PETERSEN & CLARKE 550 North Brand Boulevard, Suite 1500 Glendale, CA 91203-1922 Telephone: (818) 547-5000 Facsimile: (818) 547-5329 E-mail: aej@kpclegal.com klm@kpclegal.com BLOOMING NAILS: "Hu" Suit Seeks to Recover Overtime and Damages --------------------------------------------------------------- Wen Hu, individually and on behalf all other employees similarly situated v. Blooming Nails, Inc. d/b/a Blooming Nails & Spa I, Blooming Nails II, Inc. d/b/a Blooming Nails & Spa II, Barney Nail, Inc. d/b/a Blooming Nails & Spa III, 260 Park S. Beauty Corp. d/b/a Blooming Nails & Spa IV, Bo Oak Kim, and Yong S. Kim, Case No. 1:17-cv-07062 (S.D.N.Y., September 15, 2017), seeks to recover from the Defendants: (1) unpaid overtime compensation, (2) liquidated damages, (3) prejudgment and post-judgment interest; and (4) attorneys' fees and costs, pursuant to the Fair Labor Standards Act and the New York Labor Law. Blooming Nails, Inc., doing business as Blooming Nails & Spa I, is a domestic business corporation organization and existing under the laws of the state of New York and maintains its principal place of business at 430 East 72nd St., in New York City. Blooming Nails II, Inc., doing business as Blooming Nails & Spa II, is a domestic business corporation organization and existing under the laws of the state of New York and maintains its principal place of business at 1349 Lexington Avenue, in New York City. Barney Nail, Inc., doing business as Blooming Nails & Spa III, is a domestic business corporation organization and existing under the laws of the state of New York and maintains its principal place of business at 360 Lexington Avenue, in New York City. 260 Park S. Beauty Corp., doing business as Blooming Nails & Spa IV, is a domestic business corporation organization and existing under the laws of the state of New York and maintains its principal place of business at 260 Park Avenue South, in New York City. The Individual Defendants are owners, officers, directors and/or managing agents of the Corporate Defendants.[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 BUFFALO WILD: Accused by Hustad-Ramos of Not Paying All OT Hours ---------------------------------------------------------------- HEATH HUSTAD-RAMOS, individually and on behalf of all others similarly situated v. BUFFALO WILD WINGS, INC. and BLAZIN WINGS, INC. and DOES 1 to 10, inclusive, Case No. 5:17-cv-01898 (C.D. Cal., September 16, 2017), accuses the Defendants of intentionally not paying overtime pay for all overtime hours worked by their non-exempt hourly store managers, including the Plaintiff. Buffalo Wild Wings, Inc., and Blazin Wings, Inc., are Minnesota corporations, which regularly do business throughout the state of California. The Plaintiff does not know the true names or capacities of the Doe Defendants. Buffalo Wild Wings Inc. owns, operates, and franchises casual dining restaurants. The restaurants feature made to order menu items including New York style chicken wings. Blazin Wings, Inc. operates as a subsidiary of Buffalo Wild Wings Inc.[BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St., Suite 780 Woodland Hills, CA 91367 Telephone: (877) 206-4741 Facsimile: (866) 633-0228 E-mail: tfriedman@toddflaw.com abacon@toddflaw.com COGNIZANT TECH: "Palmer" Suit Alleges Discrimination in Workplace ----------------------------------------------------------------- Christy Palmer, Vartan Piroumian, and Edward Cox, Plaintiffs, v. Cognizant Technology Solutions Corporation and Cognizant Technology Solutions U.S. Corporation, Defendants, Case No. 2:17- cv-06848 (C.D. Cal., September 18, 2017), seeks declaratory, injunctive, and other equitable relief, compensatory and punitive damages, including prejudgment and post-judgment interest, attorneys' fees and costs for violation of the Civil Rights Act of 1866. Cognizant is an American multinational corporation that provides information technology and consulting services to customers worldwide. Plaintiffs alleges that Cognizant prefers to employ South Asians and have experienced discrimination in promotion matters. [BN] Plaintiff is represented by: Daniel Low, Esq. KOTCHEN & LOW LLP 1745 Kalorama Road NW, Suite 101 Washington, DC 20009 Telephone: (202) 471-1995 Fax: (202) 280-1128 Email: dlow@kotchen.com CRST INTERNATIONAL: Markson Moves to Certify Class of Drivers ------------------------------------------------------------- The Plaintiffs in the lawsuit captioned CURTIS MARKSON and MARK McGEORGE, Individually and on behalf of the Putative Class v. CRST INTERNATIONAL, INC., CRST EXPEDITED, INC., and DOES 1-100, inclusive, Case No. 5:17-cv-01261-RGK-AS (C.D. Cal.), ask the Court to certify this Class: All individuals who signed a Driver Employment Contract with CRST Expedited, Inc. and who participated in CRST Expedited, Inc.'s Driver Training Program in California but failed to complete the contractually-required 10-month employment term with CRST Expedited, Inc. and were charged $6,500 by CRST International, Inc., between May 12, 2013 through the date of a court order certifying the Class (the "Class" or "putative Class"). The Plaintiffs also seek to be certified as representatives of the Class, as to causes of action numbers 1 (unreasonable charges and penalties associated with training for CDL licenses) and 2 (unlawful, unfair or fraudulent business practices) of their complaint. They further seek the appointment of their counsel as Class Counsel. The Court will commence a hearing on October 30, 2017, at 9:00 a.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=S9xp5YFc The Plaintiffs are represented by: Robert J. Wasserman, Esq. William J. Gorham, Esq. Nicholas J. Scardigli, Esq. MAYALL HURLEY, P.C. 2453 Grand Canal Boulevard Stockton, CA 95207-8253 Telephone: (209) 477-3833 Facsimile: (209) 473-4818 E-mail: rwasserman@mayallaw.com sgorham@mayallaw.com nscardigli@mayallaw.com - and - Craig J. Ackerman, Esq. ACKERMAN & TILAJEF, P.C. 1180 South Beverly Drive, Suite 610 Los Angeles, CA 90035 Telephone: (310) 277-0614 Facsimile: (310) 277-0635 E-mail: cjn@ackermanntilajef.com - and - Jonathan Melmed, Esq. MELMED LAW GROUP, P.C. 1180 South Beverly Drive, Suite 610 Los Angeles, CA 90035 Telephone: (310) 824-3828 Facsimile: (310) 862-6851 E-mail: jm@melmedlaw.com DECIBELS OF OREGON: "Wilson" Suit Alleges FLSA Violations --------------------------------------------------------- Daniel Wilson, and all others similarly-situated v. Decibels of Oregon, Inc., Dennis Snyder, and Leo Brown, Case No. 1:17-cv-01558 (D. Ore., October 2, 2017), is brought against the Defendants for failure to pay overtime in violation of the Fair Labor Standards Act. The Plaintiff is a resident of the state of Oregon and worked as a senior technician, installing cable and internet services for the Defendants. Defendant Decibels of Oregon, Inc., is a foreign business corporation, incorporated in a state other than Oregon and has its principle place of business in Tacoma, Washington. The company engages in cable installation and telecommunication industry. The Individual Defendants acted on behalf of defendant Decibels of Oregon, in relation to payment of plaintiff as well as other Technicians. [BN] The Plaintiff is represented by: Quinn E. Kuranz, Esq. THE OFFICE OF Q.E. KURANZ, ATTORNEY AT LAW, LLC 65 SW Yamhill St., Suite 300 Portland, OR 97204 Tel: (503) 757-4749 Fax: (503) 200-1289 E-mail: quinn@kuranzlaw.com DR HORTON: Accused of Wrongful Conduct Over Home Sales ------------------------------------------------------ Tony McKinney, individually, on behalf of all others similarly situated v. DR Horton, Inc., Continental Residential, Inc., and Does 1 through 250, inclusive, Case No. BC676961 (Cal. Super. Ct., September 22, 2017), arises out of the Defendants' practice of selling a new home to the Plaintiff, and all similarly situated persons, without properly disclosing certain hazardous conditions surrounding the home sold. The Defendants built new homes in an area known as Amesbury, located in Whittier, California, County of Los Angeles and then sold them to individual purchasers. [BN] The Plaintiff is represented by: Gary R. Carlin, Esq. Brent S. Buchsbaum, Esq. Laurel N. Haag, Esq. Ronald L. Zambrano, Esq. LAW OFFICES OF CARLIN & BUCHSBAUM LLP 555 East Ocean Boulevard, Suite 818 Long Beach, CA 90802 Telephone: (562) 432-8933 Facsimile: (562) 435-1656 E-mail: gary@carlinbuchsbaum.com brent@carlinbuchsbaum.com laurel@carlinbuchsbaum.com ronald@carlinbuchsbaum.com EDWARD D JONES: Faces "White" Suit Over Failure to Pay Overtime --------------------------------------------------------------- Teresa White, on behalf of herself and all others similarly situated v. Edward D. Jones Co., L.P., d/b/a Edward Jones, Case No. 5:17-cv-02004 (N.D. Ohio, September 22, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. Edward D. Jones Co., L.P. provides financial services to individual investors around the United States. [BN] The Plaintiff is represented by: Hans A. Nilges, Esq. Shannon M. Draher, Esq. Michaela M. Calhoun, Esq. NILGES DRAHER LLC 7266 Portage Street, N.W., Suite D Massillon, OH 44646 Telephone: (330) 470-4428 Facsimile: (330) 754-1430 E-mail: hans@ohlaborlaw.com sdraher@ohlaborlaw.com EQUIFAX INC: Faces "Butler" Suit Over Alleged Data Breach --------------------------------------------------------- William Butler and Mandy Butler, on behalf of themselves and all others similarly situated v. Equifax, Inc., Case No. 2017CV295644 (Ga. Super. Ct., September 22, 2017), is brought against Equifax for failure to secure and safeguard consumers' personally identifiable information ("Personal 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 the Plaintiff and other Class members that their Personal Information had been stolen and precisely what types of information were stolen. Equifax Inc. operates a consumer credit reporting agency in New York. [BN] The Plaintiff is represented by: Henry A. Turner, Esq. TURNER LAW OFFICES, LLC 403 W. Ponce de Leon Avenue Suite 207 Decatur, GA 30030 Telephone: (404) 378-6274 E-mail: hturner@tloffices.com EQUIFAX INC: Accused by Kemp of Failing to Protect Consumers' PII ----------------------------------------------------------------- MICHAEL KEMP, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. EQUIFAX, INC., & EQUIFAX INFORMATION SERVICES, LLC, Case No. 1:17-cv-00147-SA-DAS (N.D. Miss., September 15, 2017), is brought against the Defendants for their alleged failure to protect and secure consumers' personal identifying information ("PII"), including full names, social security numbers, dates of birth, addresses and some driver's license numbers of the Plaintiff and some 143 million similarly situated consumers in the United States. On September 7, 2017, Equifax publicly acknowledged a cybersecurity incident ("Data Breach") that has potentially impacted approximately half of all U.S. consumers, who have credit histories. Equifax admitted that it discovered this data breach on July 29, 2017, and that the unauthorized access to its files, including Plaintiff's and the class members' PII, started in mid- May 2017. Equifax, Inc., is a Delaware corporation with its principal place of business located in Atlanta, Georgia. Equifax Information Services, LLC, is a limited liability company with its principal place of business also in Atlanta. Equifax Information is a provider of consumer credit reports and credit monitoring programs.[BN] The Plaintiff is represented by: Shane F. Langston, Esq. Rebecca M. Langston, Esq. Greta L. Kemp, Esq. Jason L. Nabors, Esq. LANGSTON AND LANGSTON, PLLC 210 East Capitol Street, Suite 1205 Jackson, MS 39201 Telephone: (601) 969-1356 Facsimile: (601) 968-3866 E-mail: shane@langstonlawyers.com rebecca@langstonlawyers.com greta@langstonlawyers.com EQUIFAX INC: Faces "Henderson" Suit in Minn. Over Data Breach ------------------------------------------------------------- Joseph Henderson, on behalf of himself and all others similarly situated v. Equifax, Inc. and Equifax Information Services LLC, Case No. 0:17-cv-04289-MJD-KMM (D. Minn., September 15, 2017), seeks to redress the Defendants' alleged failure to adequately safeguard personal identifying information and related data. On September 7, 2017, the Defendants publicly disclosed a massive data security breach that affected approximately 143 million American consumers. According to Defendants, the attack was carried out from mid-May to July 2017. Equifax, Inc., is a global consumer credit reporting agency incorporated in Georgia, with its principal place of business in Atlanta, Georgia. Equifax, along with Experian and TransUnion, is one of the three-largest credit-reporting firms in the U.S. The company organizes and analyzes data on more than 820 million consumers and more than 91 million businesses worldwide. Equifax's databases hold employee data submitted by more than 7,100 employers. Equifax Information Services LLC operates as a subsidiary of Equifax Inc. and collects and reports consumer information to financial institutions.[BN] The Plaintiff is represented by: Daniel E. Gustafson, Esq. Daniel C. Hedlund, Esq. Joseph C. Bourne, Esq. Eric S. Taubel, Esq. Kaitlyn L. Dennis, Esq. GUSTAFSON GLUEK PLLC Canadian Pacific Plaza 120 South Sixth Street, Suite 2600 Minneapolis, MN 55402 Telephone: (612) 333-8844 Facsimile: (612) 339-6622 E-mail: dgustafson@gustafsongluek.com dhedlund@gustafsongluek.com jbourne@gustafsongluek.com etaubel@gustafsongluek.com kdennis@gustafsongluek.com - and - Dianne M. Nast, Esq. Daniel N. Gallucci, Esq. Joanne E. Matusko, Esq. Joseph N. Roda, Esq. NASTLAW, LLC 1101 Market Street, Suite 2801 Philadelphia, PA 19107 Telephone: (215) 923-9300 Facsimile: (215) 923-9302 E-mail: dnast@nastlaw.com dgallucci@nastlaw.com jmatusko@nastlaw.com jnroda@gmail.com EQUIFAX INC: Fails to Secure Sensitive Info, "Johns" Suit Claims ---------------------------------------------------------------- GREG JOHNS, LOLA HUNTER, YORKMAN LOWE, TIMOTHY MACK, and LEIGH DUNLAP, individually and on behalf of all others similarly situated v. EQUIFAX, INC., Case No. 3:17-cv-05372-LB (N.D. Cal., September 15, 2017), arises from a data breach at Equifax, which allegedly compromised the private, personal information of approximately 143 million people in the United States of America. Equifax failed to safeguard and secure the sensitive personal information that it collects from nearly every American and later uses in a number of commercial applications, the Plaintiffs contend. As a result, cyber attackers breached Equifax's data systems and infiltrated the private information of nearly half the American population. Equifax, Inc., is a Georgia corporation, registered with the California Secretary of State to do business in California, and is headquartered in Atlanta, Georgia. Equifax operates as a credit bureau that compiles information about consumers' financial histories and provides it to, for example, creditors, landlords, and employers. Equifax has also become a large-scale aggregator of data for commercial exploitation, using the PII it collects about individuals to power a wide variety of data-driven products and services, operating in 24 countries, online, and in offices throughout the United States.[BN] The Plaintiffs are represented by: Michael W. Sobol, Esq. Roger N. Heller, Esq. David T. Rudolph, Esq. Melissa Gardner, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 E-mail: msobol@lchb.com rheller@lchb.com drudolph@lchb.com mgardner@lchb.com EQUIFAX INC: "Biorn" Sues Over Data Breach, Seeks Damages --------------------------------------------------------- Ron Biorn, individually and on behalf of all others similarly situated, Plaintiffs, v. Equifax, Inc., Defendant, Case No. 2:17- cv-00071, (D. Mont., September 14, 2017), seeks appropriate injunctive relief designed to ensure against the recurrence of a data breach by adopting and implementing the best security data practices to safeguard customers' financial and personal information and that would include, without limitation, an order and judgment directing Equifax to (1) encrypt and protect all data and (2) directing Equifax to provide to Plaintiffs and Class members extended credit monitoring services, pre judgment and post-judgment interest, costs of suit, including reasonable attorneys' fees and such other and further relief resulting from negligence under the Fair Credit Reporting Act. Equifax is a credit-reporting company that track and rates the financial history of U.S. consumers. The companies are supplied with data about loans, loan payments and credit cards, as well as information on everything from child support payments, credit limits, missed rent and utilities payments, addresses and employer history. Equifax experienced a cybersecurity incident impacting approximately 143 million U.S. consumers exposing their names, Social Security numbers, birth dates, addresses, driver's license numbers and credit card numbers. Plaintiffs' personal and confidential information, was included in the massive data breach of Defendant's systems. [BN] Plaintiff is represented by: Monte D. Beck, Esq. John L. Amsden, Esq. Justin P. Stalpes, Esq. Anthony Jackson, Esq. BECK, AMSDEN & STALPES, PLLC 1946 Stadium Drive, Suite 1 Bozeman, MT 59715 Phone: (406) 586-8700 Fax: (406) 586-8960 Email: justin@becklawyers.com EQUIFAX INC: "Brock" Hits Shares Price Drop from Data Breach ------------------------------------------------------------ Robert Brock, individually and on behalf of all others similarly situated, Plaintiffs, v. Equifax, Inc., Richard F. Smith and John W. Gamble, Jr., Defendant, Case No. 1:17-cv-07053, (S.D.N.Y., September 15, 2017), seeks to recover compensable damages caused by Defendants' violations of the federal securities laws and to pursue remedies under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. Equifax is a credit-reporting company that track and rates the financial history of U.S. consumers. The companies are supplied with data about loans, loan payments and credit cards, as well as information on everything from child support payments, credit limits, missed rent and utilities payments, addresses and employer history. Equifax experienced a cybersecurity incident impacting approximately 143 million U.S. consumers exposing their names, Social Security numbers, birth dates, addresses, driver's license numbers and credit card numbers. On this news, shares of the Company fell $19.49 per share or over 13% from its previous closing price to close at $123.23 per share on September 8, 2017, damaging investors including Brock. [BN] Plaintiff is represented by: Phillip Kim, Esq. Laurence M. Rosen, Esq. THE ROSEN LAW FIRM, P.A. 275 Madison Ave., 34th Floor New York, NY 10016 Telephone: (212) 686-1060 Fax: (212) 202-3827 Email: lrosen@rosenlegal.com pkim@rosenlegal.com EQUIFAX INC: "Crow" Sues Over Data Breach, Seeks Damages -------------------------------------------------------- Andrew Crow, Jennifer Saavedra, Lauren Hoffman Taylor, Stephanie Patrick, John Kennedy Bailey, Kevin O'Brien, Sarah O'Brien, Lorraine Plante and Stephen Plante, individually and on behalf of all others similarly situated, Plaintiffs, v. Equifax, Inc. and Equifax Credit Information Services LLC, Defendant, Case No. 3:17- cv-05355, (N.D. Cal., September 15, 2017), seeks compensatory, statutory, treble and punitive damages, costs of suit and reasonable attorneys' fees resulting from negligent violation of the Fair Credit Reporting Act, negligence per se, and violation of the California Customer Records Act, Unfair Competition Law of the California Business and Professions Code, the Georgia Uniform Deceptive Trade Practices Act, West Virginia Consumer Credit and Protection Act, New York's Consumer Protection from Deceptive Acts and Practices Law, N.Y. Gen. Bus. Law and the Rhode Island Deceptive Trade Practice Act. Equifax is a credit-reporting company that track and rates the financial history of U.S. consumers. The companies are supplied with data about loans, loan payments and credit cards, as well as information on everything from child support payments, credit limits, missed rent and utilities payments, addresses and employer history. Equifax experienced a cybersecurity incident impacting approximately 143 million U.S. consumers exposing their names, Social Security numbers, birth dates, addresses, driver's license numbers and credit card numbers. Plaintiffs claim to be victims of the data breach. Equifax, Inc. is engaged in the business of assembling, evaluating, and dispersing information concerning consumers for the purpose of furnishing consumer reports to third parties upon request. [BN] Plaintiff is represented by: Matthew J. Preusch, Esq. 801 Garden Street, Suite 301 Santa Barbara, CA 93101 Tel: (805) 456-1496 Fax: (805) 456-1497 Email: mpreusch@kellerrohrback.com - and - Lynn Lincoln Sarko, Esq. Derek W. Loeser, Esq. Gretchen Freeman Cappio, Esq. Cari Campen Laufenberg, Esq. KELLER ROHRBACK L.L.P. 1201 Third Avenue, Suite 3200 Seattle, WA 98101 Tel: (206) 623-1900 Fax: (206) 623-3384 Email: lsarko@kellerrohrback.com dloeser@kellerrohrback.com gcappio@kellerrohrback.com claufenberg@kellerrohrback.com - and - Jodi Flowers, Esq. Breanne Cope, Esq. 28 Bridgeside Boulevard Mount Pleasant, SC 29464 Tel: (843) 216-9000 Fax; (843) 216-9450 Email: jflowers@motleyrice.com bcope@motleyrice.com - and - Laura Ray, Esq. Mathew Jasinski, Esq. One Corporate Center 20 Church Street, 17th Floor Hartford, CT 06103 Tel: (860) 882-1681 Fax (860) 882-1682 Email: lray@motleyrice.com mjasinski@motleyrice.com EQUIFAX INC: "Blake" Sues Over Data Breach, Seeks Damages --------------------------------------------------------- Daniel Blake, Melissa Spositi, Michael Spositi and David Linker, individually and on behalf of all others similarly situated, Plaintiffs, v. Equifax, Inc. and Equifax Credit Information Services LLC, Defendant, Case No. 1:17-cv-07121, (D.N.J., September 14, 2017), seeks compensatory, statutory, treble and punitive damages, costs of suit including the costs of notice of class action certification and judgment, and reasonable attorneys' fees resulting from invasion of privacy and violation of the Fair Credit Reporting Act, New Jersey Consumer Fraud Act. Equifax is a credit-reporting company that track and rates the financial history of U.S. consumers. The companies are supplied with data about loans, loan payments and credit cards, as well as information on everything from child support payments, credit limits, missed rent and utilities payments, addresses and employer history. Equifax experienced a cybersecurity incident impacting approximately 143 million U.S. consumers exposing their names, Social Security numbers, birth dates, addresses, driver's license numbers and credit card numbers. Plaintiffs claim to be victims of the data breach. Equifax, Inc. and Equifax Credit Information Services LLC are engaged in the business of assembling, evaluating, and dispersing information concerning consumers for the purpose of furnishing consumer reports to third parties upon request. [BN] Plaintiff is represented by: Esther E. Berezofsky, Esq. BEREZOFSKY LAW GROUP, LLC Woodland Falls Corporate Center 210 Lake Drive East, Suite 101 Cherry Hill, NJ 08002-1163 Phone: (856) 667-0500 Fax: (856) 667-5133 Email: eberezofsky@wcblegal.com - and - Michael J. Quirk, Esq. BEREZOFSKY LAW GROUP, LLC 1515 Market Street, Suite 1300 Philadelphia, PA 19102-1929 Phone: (215) 557-0099 Fax: (215) 557-0673 Email: mquirk@wcblegal.com - and - Gerald J. Williams, Esq. Christopher Markos, Esq. 1515 Market Street, Suite 1300 WILLIAMS CEDAR, LLC Philadelphia, PA 19102-1929 Phone: (215) 557-0099 Fax: (215) 557-0673 Email: gwilliams@williamscedar.com cmarkos@williamscedar.com EQUIFAX INC: "Astor" Sues Over Data Breach, Seeks Damages --------------------------------------------------------- Timothy Astor and Allan Rozeweig, behalf of all others similarly situated, Plaintiffs, v. Equifax, Inc. and Equifax Credit Information Services LLC, Defendant, Case No. 6:17-cv-01653, (M.D. Fla., September 18, 2017), seeks compensatory, statutory, treble and punitive damages, costs of suit including the costs of notice of class action certification and judgment, and reasonable attorneys' fees resulting from invasion of privacy and in violation of the Fair Credit Reporting Act and the Florida deceptive and Unfair Trade Practices Act. Equifax is a credit-reporting company that track and rates the financial history of U.S. consumers. The companies are supplied with data about loans, loan payments and credit cards, as well as information on everything from child support payments, credit limits, missed rent and utilities payments, addresses and employer history. Equifax experienced a cybersecurity incident impacting approximately 143 million U.S. consumers exposing their names, Social Security numbers, birth dates, addresses, driver's license numbers and credit card numbers. Plaintiffs claim to be victims of the data breach. Equifax, Inc. and Equifax Credit Information Services LLC are engaged in the business of assembling, evaluating, and dispersing information concerning consumers for the purpose of furnishing consumer reports to third parties upon request. [BN] Plaintiff is represented by: Brian J. Stack, Esq. Denise Crockett, Esq. STACK FERNANDEZ & HARRIS, RA. 1001 Brickell Bay Drive, Suite 2650 Miami, FL 33131 Tel: (305) 371-0001 Fax: (305) 371-0002 Email: bstack@stackfernandez.com dcrockett@stackfemandez.com - and - Kevin Sharp, Esq. SANFORD HEISLER SHARP, LLP 611 Commerce Street, Suite 3100 Nashville, TN 37203 Tel: (615) 434-7001 Fax: (615) 434-7020 Email: ksharp@sanfordheisler.com - and - Jeremy Heisler, Esq. Andrew Melzer, Esq. SANFORD HEISLER SHARP, LLP 1350 Avenue of the Americas, 31St Floor New York, NY 10019 Tel: (646) 402-5650 Fax: (646) 402-5651 Email: jheisler@sanfordheisler.com amelzer@sanfordheisler.com EQUIFAX INC: "Groover" Hits Shares Price Drop from Data Breach -------------------------------------------------------------- Patrick Groover, individually and on behalf of all others similarly situated, Plaintiffs, v. Equifax, Inc., Richard F. Smith and John W. Gamble, Jr., Defendant, Case No. 1:17-cv-07082, (S.D. N.Y., September 18, 2017), seeks to recover compensable damages caused by Defendants' violations of the federal securities laws and to pursue remedies under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. Equifax is a credit-reporting company that track and rates the financial history of U.S. consumers. The companies are supplied with data about loans, loan payments and credit cards, as well as information on everything from child support payments, credit limits, missed rent and utilities payments, addresses and employer history. Equifax experienced a cybersecurity incident impacting approximately 143 million U.S. consumers exposing their names, Social Security numbers, birth dates, addresses, driver's license numbers and credit card numbers. On this news, shares of the Company fell $19.49 per share or over 13% from it previous closing price to close at $123.23 per share on September 8, 2017, damaging investors including Groover. [BN] Plaintiff is represented by: Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. POMERANTZ, LLP 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (212) 661-8665 E-mail: jalieberman@pomlaw.com ahood@pomlaw.com - and - Patrick V. Dahlstrom, Esq. POMERANTZ LLP Ten South La Salle Street, Suite 3505 Chicago, IL 60603 Telephone: (312) 377-1181 Facsimile: (312) 377-1184 E-mail: pdahlstrom@pomlaw.com EQUIFAX INC: "Harper" Sues Over Data Breach, Claims Damages ----------------------------------------------------------- Mark Harper, on behalf of all others similarly situated, Plaintiffs, v. Equifax, Inc. and Equifax Credit Information Services LLC, Defendant, Case No. 1:17-cv-11785, (D. Mass., September 18, 2017), seeks compensatory, statutory, treble and punitive damages, costs of suit including the costs of notice of class action certification and judgment, and reasonable attorneys' fees resulting from invasion of privacy and violation of the federal Fair Credit Reporting Act and the Massachusetts Consumer Protection Act. Equifax is a credit-reporting company that track and rates the financial history of U.S. consumers. The companies are supplied with data about loans, loan payments and credit cards, as well as information on everything from child support payments, credit limits, missed rent and utilities payments, addresses and employer history. Equifax experienced a cybersecurity incident impacting approximately 143 million U.S. consumers exposing their names, Social Security numbers, birth dates, addresses, driver's license numbers and credit card numbers. Harper claims to be a victim of the data breach. Equifax, Inc. and Equifax Credit Information Services LLC are engaged in the business of assembling, evaluating, and dispersing information concerning consumers for the purpose of furnishing consumer reports to third parties upon request. [BN] Andrew H. Miller, Esq. SANFORD HEISLER SHARP, LLP 1666 Connecticut Ave., NW, Suite 300 Washington, DC 20009 Telephone: (202)499-5200 Facsimile: (202)499-5199 Email: amiller@sanfordheisler.com - and - Kevin Sharp, Esq. SANFORD HEISLER SHARP, LLP 611 Commerce St., Suite 3100 Nashville, TN 37203 Telephone: (615) 434-7001 Facsimile: (615) 434-7020 Email: ksharp@sanfordheisler.com - and - Jeremy Heisler, Esq. Andrew Melzer, Esq. SANFORD HEISLER SHARP, LLP 1350 Avenue of the Americas, 31st Floor New York, NY 10019 Tel: (646) 402-5650 Fax: (646) 402-5651 Email; jheisler@sanfordheisler.com amelzer@sanfordheisler.com EQUIFAX INFO: Cederdahl Seeks Damages Over Data Breach ------------------------------------------------------ James A. Cederdahl, individually and on behalf of all others similarly situated, Plaintiff, v. Equifax Information Solutions, LLC, Defendants, Case No. 5:17-cv-01567, (S.D. Iowa, September 15, 2017), seeks actual damages and reasonable attorney's fees and costs pursuant to the Fair Credit Reporting Act. Equifax allegedly failed to protect and secure consumers' personal identifying information, including full names, social security numbers, dates of birth, addresses and some driver's license numbers of 143 million individuals during a data breach on July 29, 2017. Equifax, a global corporation that organizes, assimilates and analyzes data on more than 820 million consumers and more than 91 million businesses worldwide, and its database includes employee data contributed from more than 7,100 employers. [BN] Plaintiff is represented by: Jason W. Miller, Esq. Jeffrey J. Cook, Esq. PATTERSON LAW FIRM, L.L.P. 505 Fifth Avenue, Suite 729 Des Moines, IA 50309 Phone: (515) 283-2147 Fax: (515) 283-1002 E-mail: jmiller@pattersonfirm.com jcook@pattersonfirm.com EQUIFAX INFO: Sued by "Daughtery" Over Compromised Personal Data ---------------------------------------------------------------- Cady Daughtery, Michael Norris, Julie Richardson,, individually, and on behalf of all similarly situated individuals, v. Equifax Information Services, LLC, Defendant, Case No. 4:17-cv-00597 (E.D. Ark., September 15, 2017), seeks actual, statutory and punitive damages, reasonable attorneys' fees and costs pursuant to the Fair Credit Reporting Act and the Arkansas and Georgia State Data Breach Statutes and the Georgia Fair Business Practices Act. Equifax Information Services is a consumer reporting agency located at 1550 Peachtree Street NE, Atlanta, GA. On July 29, 2017, Equifax discovered that one or more of its servers had been breached. It contained Plaintiffs' sensitive personal information including their names, full Social Security numbers, birth dates, addresses, driver's license numbers and possibly credit cards numbers. Plaintiff suffered actual injury in the form of damages to and diminution in the value of personal information entrusted to Equifax. [BN] Plaintiff is represented by: J. Gerard Stranch, IV, Esq. Benjrunin A. Gastel, Esq. Michael G. Stewart, Esq. BRANSTETTER, STRANCH & JENNINGS, PLLC 223 Rosa L. Parks Ave., Suite 200 Nashville, TN 37203 Tel: (615) 254-8801 Email: gerards@bsjfirm.com beng@bsjfirm.com mikes@bsjfirm.com - and - Alex G. Streett, Esq. James A. Streett, Esq. STREETT LAW FIRM, P.A. 107 West Main Russellville, AR 72801 Tel: (479) 968-2030 Email: Alex@StreettLaw.com James@StreettLaw.com FASHION ICON: "Mandigma" Suit Seeks to Recover Unpaid OT Wages -------------------------------------------------------------- Princess Mandigma, individually and on behalf of all others similarly situated v. Fashion Icon, Inc., and Doe One through and including Doe Ten, Case No. BC677060 (Cal. Super. Ct., September 22, 2017), seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standards Act. Fashion Icon, Inc. operates a multimedia production company that produces advertising and websites. [BN] The Plaintiff is represented by: Jonathan Ricasa, Esq. LAW OFFICE OF JONATHAN RICASA 15760 Ventura Boulevard, Suite 700 Encino, CA 91436 Telephone: (818) 650-8077 Facsimile: (818) 301-5151 E-mail: jricasa@ricasalaw.com FELCOR LODGING: "Bagheri" Securities Suit Transferred to Maryland ----------------------------------------------------------------- The case captioned Judy G. Bagheri, individually and on behalf of all others similarly situated, Plaintiff, v. Felcor Lodging Trust Incorporated, Thomas J. Corcoran, Jr., Mark D. Rozells, Glenn A. Carlin, Robert F. Cotter, Patricia L. Gibson, Dana K. Hamilton, Christopher J. Hartung, Charles A. Ledsinger, Jr., Robert H. Lutz, Jr., Steven R. Goldman, Felcor Lodging Limited Partnership, RLJ Lodging Trust, RLJ Lodging Trust, L.P., Rangers Sub I, LLC, and Rangers Sub II, LP, Defendants, Case No. 3:17-cv-01892 (N.D. Tex., July 17, 2017), was transferred to the U.S. District Court for the District of Maryland (Baltimore) on September 15, 2017, under Case No. 1:17-cv-02735. Plaintiff seeks to preliminarily and permanently enjoin defendants and all persons acting in concert with them from proceeding with, consummating, or closing the acquisition of FelCor Lodging Trust Incorporated by RLJ Lodging Trust and its affiliates; an award of rescissory damages in the event defendants consummate the merger; reasonable allowance for plaintiff's attorneys' and experts' fees; and such other and further relief under the Securities Exchange Act of 1934. Each outstanding share of common stock of FelCor will be converted into the right to receive 0.362 common shares of beneficial interest of RLJ, and each share of $1.95 Series A cumulative convertible preferred stock of FelCor will be converted into the right to receive one share of newly created Series A cumulative convertible preferred shares of RLJ. The complaint says the merger consideration represents a value of only $7.20 per share, a sharp discount to FelCor's $7.32 per share stock price on April 21, 2017. Also, the merger agreement provides for a termination fee payable by FelCor to RLJ if it terminates the deal, thus locking up control in favor of RLJ and precluded other bidders from making successful competing offers. FelCor is a Maryland corporation operating as a real estate investment trust. Its core portfolio consists primarily of upper- upscale and luxury hotels located in major markets and resort locations that have dynamic demand generators and high barriers- to-entry. FelCor sells, acquires, rebrands, and redevelops hotels to increase its return on invested capital, improve overall portfolio quality, enhance diversification and improve growth rates. [BN] Plaintiff is represented by: Willie C. Briscoe, Esq. THE BRISCOE LAW FIRM, PLLC 8150 N. Central Expressway, Suite 1575 Dallas, TX 75206 Telephone: (214) 239-4568 Fax: (281) 254-7789 (fax) Email: wbriscoe@thebriscoelawfirm.com - and - Stuart A. Davidson, Esq. Christopher Gold, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 120 East Palmetto Park Road, Suite 500 Boca Raton, FL 33432 Telephone: (561) 750-3000 Fax: (561) 750-3364 - and - David T. Wissbroecker, Esq. Timothy Z. Lacomb, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: (619) 231-1058 Fax: (619) 231-7423 Felcor Lodging Trust Inc. is represented by: Yolanda Cornejo Garcia, Esq. Margaret Hope Allen, Esq. Yvette Ostolaza, Esq. SIDLEY AUSTIN LLP 2021 McKinney Avenue, Suite 2000 Dallas, TX 75201 Tel: (214) 981-3300 Fax: (214) 981-3400 Email: ygarcia@sidley.com margaret.allen@sidley.com yvette.ostolaza@sidley.com FIELDTURF USA: Fremont City Suit Alleges Unjust Enrichment ---------------------------------------------------------- The City of Fremont, and all others similarly-situated v. FieldTurf USA, Inc., Fieldturf, Inc. and FieldTurf Tarkett SAS, Case No. 3:17-cv-07714 (N.D. Calif., October 2, 2017), is brought against the Defendants for alleged unjust enrichment, violations of the Unfair Competition Law, breach of express warranty, breach of implied covenant of good faith and fair dealing, breach of implied warranty of merchantability and breach of the implied warranty of fitness for a particular purpose. Plaintiff alleged that FieldTurf sold Fremont artificial turf fields it knew were defective and certain to fail prematurely. Despite its awareness of the defects, since at least 2005, FieldTurf has continued to manufacture, market, and sell these defective fields to entities across the country. FieldTurf specifically knew that its fields would not last for the full eight-year warranty period due to structural inadequacies. Nevertheless, FieldTurf told prospective customers, like Fremont, that the fields would last 10 years or more. Plaintiff City of Fremont is a city in Alameda County, California. Fremont purchased artificial fields from FieldTurf. Defendant FieldTurf USA, Inc. is a Florida corporation with its principal place of business at Calhoun, Georgia. FieldTurf USA markets, manufactures, sells and installs the relevant artificial turf fields in California and throughout the United States. Defendant FieldTurf, Inc. is a Canadian corporation with its principal place of business at Montreal, Quebec. FieldTurf, Inc. manufactures, sells, and installs the relevant artificial turf fields or otherwise conducts business in the United States, including California. Defendant FieldTurf Tarkett SAS is a French corporation with its principal place of business at Nanterre Cedex, France. FieldTurf Tarkett is the parent corporation of FieldTurf USA and FieldTurf Inc. [BN] The Plaintiff is represented by: Daniel C. Girard, Esq. Jordan Elias, Esq. Adam E. Polk, Esq. Angelica M. Ornelas, Esq. GIRARD GIBBS LLP 601 California Street, Ste 1400 San Francisco, CA 94108 Tel: (415) 981-4800 E-mail: dcg@girardgibbs.com je@girardgibbs.com aep@girardgibbs.com amo@girardgibbs.com FLEETCOR TECHNOLOGIES: Faces "Green" Suit Over Unpaid Overtime -------------------------------------------------------------- DONALD GREEN, Individually and On behalf of all others similarly situated v. FLEETCOR TECHNOLOGIES OPERATING COMPANY, LLC, Case No. 1:17-cv-03575-LMM (N.D. Ga., September 15, 2017), alleges that in violation of the Fair Labor Standards Act, the Plaintiff has incurred unpaid overtime hours by routinely working overtime throughout his time of employment with the Defendant. Mr. Green informs the Court that his claims are similar to those asserted in the case of Jones et al. v. Fleetcor Technologies et al., Case No. 1:16-cv-01092-TCB, in the U.S. District Court for the Northern District of Georgia. Fleetcor is a publicly traded foreign corporation with its principal place of business located in Norcross, Georgia. The Company is a wholly owned subsidiary of a publicly traded company, Fleetcor Technologies Inc. The Company provides fuel cards and workforce payment products to businesses, commercial fleets, oil companies, petroleum marketers and government entities throughout the United States.[BN] The Plaintiff is represented by: Mitchell L. Feldman, Esq. MITCHELL L. FELDMAN ESQ. PA 1201 Peachtree Street Colony Square, Suite 200 Atlanta, GA 30361 Telephone: (877) 946-8293 Facsimile: (813) 639-9376 E-mail: mlf@feldmanlegal.us GENERAL MOTORS: "Bell" Suit Seeks Warranty for Leaking Air Con -------------------------------------------------------------- Marcus Bell and Christopher Robitsek, individually and on behalf of all others similarly situated, Plaintiffs, v. General Motors Company, Defendant, Case No. 2:17-cv-00648, (N.D. Tex., September 14, 2017), seeks actual, general, special, incidental, statutory, punitive and consequential damages, prejudgment and post-judgment interest on such monetary relief, appropriate injunctive and/or declaratory relief including, without limitation, an order that requires GM to repair, recall, and/or replace the concerned vehicles and to extend the applicable warranties to a reasonable period of time, reasonable costs and expenses incurred in this action, including counsel fees and expert fees and such other and further relief resulting from unjust enrichment, breach of express and implied warranty of merchantability, Texas Deceptive Trade Practices Act, New York General Business Law and the Magnusson- Moss Warranty Act. According to the complaint, Robitsek leased a 2014 Silverado 1500 LT Double Cab manufactured by General Motors with a defective air conditioning system. It developed either a cracked refrigerant line or a cracked condenser that causes the refrigerant to leak and posing a health risk to the passengers. [BN] Plaintiff is represented by: Cory S. Fein, Esq. CORY FEIN LAW FIRM 712 Main St., #800 Houston, TX 77002 Telephone: (281) 254-7717 Facsimile: (530) 748-0601 E-mail: cory@coryfeinlaw.com GO ACCREDITED: Abante Rooter Hits Illegal Telemarketing Calls ------------------------------------------------------------- Abante Rooter and Plumbing Inc., individually and on behalf of all others similarly situated, Plaintiff, v. Go Accredited and Does 1 through 10, inclusive, Defendant, Case No. 4:17-cv-05373 (N.D. Cal., September 16, 2017), seeks injunctive relief, statutory damages, treble damages and all other relief for violation of the Telephone Consumer Protection Act. 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 GULF DISTRIBUTING: "Stokes" Suit Alleges FLSA Violations -------------------------------------------------------- Clyde Stokes, and all others similarly-situated v. Gulf Distributing Co. of Mobile LLC, Case No. 1:17-cv-00443 (S.D. Ala., October 2, 2017), is brought against the Defendant for violations of the Fair Labor Standards Act and Family Medical Leave Act. The Plaintiff was a resident of Mobile County, State of Alabama, who worked for Defendant as a draft technician. The Defendant operates a business known as "Gulf Distributing Co. of Mobile, LLC" in Mobile, Alabama. Defendant primarily contracts with MillerCoors and other brewing companies and part of their agreement with these companies is to clean the lines for draft beer every ten days.[BN] The Plaintiff is represented by: Jody Forester Jackson, Esq. JACKSON+JACKSON 2100 Southbridge Pkwy, Ste. 650 Birmingham, AL 35209 Tel: (205) 414-7467 Fax: (888) 988-6499 E-mail: jjackson@jackson-law.net HARRAH'S NC: "Humble" Suit Seeks Payment for Off-the-Clock Work --------------------------------------------------------------- Charlotte Humble, Sharon Isackson, Justin Humble, Trevor Simmons, Margaret Hoover, Belinda King and Jennifer Spayth Browning, individually and on behalf of all others similarly situated, Plaintiffs, v. Harrah's NC Casino Company, LLC, and Harrah's Cherokee Casino Resort, Defendants, Case No. 1:17-cv-00262, (W.D. N.C., September 18, 2017), seeks monetary damages and other equitable and ancillary relief for abuse of federal and state wage and hour laws pursuant to the Fair Labor Standards Act of 1938, North Carolina Wage Act and North Carolina common law. Plaintiffs worked as table games dealers at the Valley River and Cherokee Resort casinos operated by Harrah's NC Casino Company. They claim to have rendered uncompensated pre-shift work. [BN] Plaintiff is represented by: Todd Ellis, Esq. LAW OFFICE OF TODD ELLIS, P.A. 7911 Broad River Road, Suite 100 Irmo, SC 29063 Tel: (803) 732-0123 Email: todd@toddellislaw.com - and - Thomas R. Bundy III, Esq. LAWRENCE & BUNDY LLC 8115 Maple Lawn Blvd., Suite 350 Fulton, MD 20759 Tel: (240) 786-4512 Fax: (240) 786-4998, 786-4501 Email: thomas.bundy@lawrencebundy.com - and - Leslie J. Bryan, Esq. LAWRENCE & BUNDY LLC 1180 West Peachtree Street, N.W., Suite 1650 Atlanta, GA 30309 Tel: (404) 400-3350 Email: leslie.bryan@lawrencebundy.com - and - Lovita Tandy, Esq. Tandy Legal, Esq. 4480 South Cobb Dr., Suite H-315 Smyrna, GA 30080 Tel: (770) 274-6179 Email: ltandy@tandylegal.com HEALTH CARE: Craft Suit Settlement OK'd; Final Hearing on Dec. 20 ----------------------------------------------------------------- The Clerk of the U.S. District Court for the Northern District of Illinois made a docket entry on September 20, 2017, in the case styled Elizabeth A. Craft, et al. v. Health Care Service Corporation, Case No. 1:14-cv-05853 (N.D. Ill.), relating to a hearing held before the Honorable Virginia M. Kendall. The minute entry states that: -- Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement and Related Relied is granted; -- Plaintiffs' Motion to Certify Class is dismissed as moot due to approval of Class Action Settlement; and -- Fairness hearing concerning final approval of Settlement is set for December 20, 2017, at 9:00 a.m. A copy of the Notification of Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=J6PIASNH HYLAND'S INC: Sweeney Appeals Ruling in "Forcellati" Class Suit --------------------------------------------------------------- Objector Patrick S. Sweeney filed an appeal from a court ruling relating to the lawsuit styled Enzo Forcellati, et al. v. Hyland's, Inc., et al., Case No. 2:12-cv-01983-ODW-MRW, in the U.S. District Court for the Central District of California, Los Angeles. As previously reported in the Class Action Reporter, the District Court issued an Order granting the parties' Motion for Final Approval of Class Action Settlement, and Plaintiffs' Motion for an Award of Attorneys' Fees, Costs, and Incentive Awards in the case. On February 7, 2017, the Court granted preliminary approval of a proposed class action settlement between the parties in this Consolidated Action. In the Preliminary Approval Order, the Court provisionally certified a Settlement Class of all persons in the United States who purchased the following Hyland's products on or after March 8, 2008: (i) Cold 'n Cough 4 Kids, (ii) Cough Syrup with 100% Natural Honey, (iii) Sniffles 'n Sneezes 4 Kids, (iv) Cold Relief Strips 4 Kids with Zinc, (v) Nighttime Cold 'n Cough 4 Kids, (vi) Complete Flu Care 4 Kids, (vii) Baby Teething Gel, (viii) Baby Cough Syrup, (ix) Baby Gas Drops, (x) Baby Infant Earache Drops, and (xi) Baby Nighttime Tiny Cold Syrup. Other objector -- Ashley Hammack -- has previously filed an appeal in the lawsuit. The appellate case is captioned as Enzo Forcellati, et al. v. Hyland's, Inc., et al., Case No. 17-56403, 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 12, 2017; -- Transcript is due on November 13, 2017; -- Appellant Patrick S. Sweeney's opening brief is due on December 21, 2017; -- Appellees Enzo Forcellati, Hyland's, Inc., Lisa Roemmich, Standard Homeopathic Company and Standard Homeopathic Laboratories, Inc.'s answering brief is due on January 22, 2018; and -- Appellant's optional reply brief is due 21 days after service of the answering brief. Objector-Appellant PATRICK S. SWEENEY of Madison, Wisconsin, appears pro se.[BN] Plaintiffs-Appellees ENZO FORCELLATI, on Behalf of Himself and all Others Similarly Situated, and LISA ROEMMICH, on behalf of themselves and all others similarly situated, are represented by: Scott Bursor, Esq. BURSOR & FISHER, P.A. 888 Seventh Avenue New York, NY 10019 Telephone: (212) 989-9113 E-mail: scott@bursor.com - and - Nadeem Faruqi, Esq. FARUQI & FARUQI LLP 685 Third Avenue, 26th Floor New York, NY 10017 Telephone: (212) 983-9330 E-mail: nfaruqi@faruqilaw.com - and - Benjamin Heikali, Esq. Barbara Ann Rohr, Esq. FARUQI & FARUQI, LLP 10866 Wilshire Boulevard Los Angeles, CA 90024 Telephone: (424) 256-2884 Facsimile: (424) 256-2885 E-mail: Bheikali@faruqilaw.com brohr@faruqilaw.com - and - Ronald A. Marron, Esq. LAW OFFICES OF RONALD A. MARRON 651 Arroyo Drive San Diego, CA 92103 Telephone: (619) 696-9006 E-mail: ron@consumersadvocates.com Defendants-Appellees HYLAND'S, INC., STANDARD HOMEOPATHIC LABORATORIES, INC., and STANDARD HOMEOPATHIC COMPANY are represented by: Jeffrey B. Margulies, Esq. Spencer Stephen Persson, Esq. Stephanie Anne Stroup, Esq. FULBRIGHT & JAWORSKI LLP 555 South Flower Street, 41st Floor Los Angeles, CA 90071 Telephone: (213) 892-9200 E-mail: jeff.margulies@nortonrosefulbright.com spencer.persson@nortonrosefulbright.com stephanie.stroup@nortonrosefulbright.com INTERSTATE MANAGEMENT: Does Not Properly Pay Employees, Suit Says ----------------------------------------------------------------- Jamie Mojarro, individually and on behalf of all others similarly situated v. Interstate Management Company, LLC, Interstate Hotels & Resorts, Inc. and Does 1 through 50 inclusive, Case No. BC677120 (Cal. Super. Ct., September 22, 2017), is brought against the Defendants for failure to provide employees meal and rest periods, pay minimum and overtime wages, and reimburse business expenses. The Defendants operate a hotel management company in California. [BN] 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: info@maternlawgroup.com J. MIKE GUITARD: "Alvarado" Sues to Recover Overtime Pay -------------------------------------------------------- Jose Alvarado, on behalf of himself and others similarly situated, Plaintiff, v. J. Mike Guitard Painting, Inc., Defendant, Case No. 2:17-cv-00516 (M.D. Fla., September 18, 2017), seeks overtime compensation for hours rendered in excess of forty hours per work week with corresponding liquidated damages, reasonable attorney's fees and costs and expenses of the litigation, prejudgment interest and any other further relief under the Fair Labor Standards Act. J Mike Guitard Painting is in the Painting and Paper Hanging business. Alvarado worked for the Defendant as a painter. [BN] Plaintiff is represented by: Bill B. Berke, Esq. BERKE LAW FIRM, P.A. 4423 Del Prado Blvd. S. Cape Coral, FL 33904 Telephone: (239) 549-6689 Email: berkelaw@yahoo.com KISWANI TRUCKING: Fails to Pay Overtime, "Haggerty" Suit Alleges ---------------------------------------------------------------- BRIAN HAGGERTY, on behalf of himself, and all other plaintiffs similarly situated, known and unknown v. KISWANI TRUCKING INC., AND JEHAD MOHAMMAD, INDIVIDUALLY, KHOLOOD MOHAMMAD, INDIVIDUALLY, AZMI KISWANI, INDIVIDUALLY, AND STEVE KISWANI, INDIVIDUALLY, Case No. 1:17-cv-06662 (N.D. Ill., September 15, 2017), alleges that during the Plaintiff's employment, the Defendants first paid him at an hourly rate of pay but denied him overtime pay for hours in excess of 40 in a workweek. The action is brought under the Fair Labor Standards Act, the Portal-to-Portal Act and the Illinois Minimum Wage Law. Kiswani Trucking, Inc., provides transportation services. The Individual Defendants are owners and/or managers of Kiswani Trucking.[BN] The Plaintiff is represented by: John William Billhorn, Esq. BILLHORN LAW FIRM 53 West Jackson Blvd., Suite 840 Chicago, IL 60604 Telephone: (312) 853-1450 E-mail: jbillhorn@billhornlaw.com LEDNOR CORP: "Little" Suit Seeks Unpaid Overtime Premium -------------------------------------------------------- Jeremy Little and Richard Pinter, on behalf of themselves and all others similarly situated, by and through counsel, Plaintiffs, v. Lednor Corporation and Delphin E. Thebaud, III, Defendants, Case No. 1:17-cv-01904, (N.D. Ohio, September 11, 2017), seeks compensatory damages for unpaid wages and overtime compensation, as well as liquidated damages, punitive damages, costs and attorneys' fees incurred in prosecuting this action and such further relief under the provisions of the Fair Labor Standards Act of 1938. Defendants are engaged in the exterior home improvement and remodeling business where Plaintiffs worked as installers. [BN] Plaintiff is represented by: Joseph F. Scott, Esq. Ryan A. Winters, Esq. Kevin M. McDermott, Esq. SCOTT & WINTERS LAW FIRM, LLC The Caxton Building 812 E. Huron Road, Suite 490 Cleveland, OH 44114 Tel. (440) 498-9100 Fax (216) 621-1094 Email: jscott@ohiowagelawyers.com rwinters@ohiowagelawyers.com LOS ANGELES: Sued Over Failure to Properly Pay Police Officers --------------------------------------------------------------- Isaiah Jellinek, individually and on behalf of all others similarly situated vs. City of Los Angeles, Charles Beck, and Does I through XX, inclusive, Case No. BC676968 (Cal. Super. Ct., September 22, 2017), is a class action on behalf of all those employed as a Police Officer who received a pay grade advancement or promotion on the same day as a required salary step advancement and were denied advancement to the proper salary step on the newly applicable salary schedule. City of Los Angeles is a public agency operating under the laws of the State of California. [BN] The Plaintiff is represented by: Anne Whitney, Esq. Michael Hackman, Esq. HACKMAN WHITNEY 19528 Ventura Blvd. Suite #217 Tarzana, CA, 91356 Telephone: (213) 222-8647 E-mail: awhitney@hackmanwhitney.com mhackman@hackmanwhitney.com LOWE'S HOME: "Rodriguez" Suit Alleges PAGA Violations ----------------------------------------------------- Anna Rodriguez, and all others similarly-situated v. Lowe's Home Centers, LLC and Does 1-100, Case No. BC678246 (Cal. Super., October 2, 2017), seeks to recover penalties and underpaid wages pursuant to the Private Attorney General Act of 2004 and the California Labor Code. The Plaintiff resides in California and is a former employee of the Defendants. Defendant Lowe's Home Centers, LLC operates home improvement stores. It retails appliances, tools, paints, lumber, and nursery products within Los Angeles County and throughout California. [BN] The Plaintiff is represented by: William Turley, Esq. David Mara, Esq. Jill Vecchi, Esq. Matthew Crawford, Esq. THE TURLEY & MARA LAW FIRM, APLC 7428 Trade Street San Diego, CA 92121 Tel: (619) 234-2833 Fax: (619) 234-4048 E-mail: bturley@turleylawfirm.com dmara@turleylawfirm.com jvecchi@turleylawfirm.com MADRON SERVICES: "Bell" Suit Seeks to Recover Overtime Pay ---------------------------------------------------------- Jeremy Bell, and all others similarly situated, Plaintiff, v. Madron Services, Inc. and Phillip P. Madron, individually, Defendants, Case No. 2:17-cv-00954 (D.N.M., September 15, 2017), seeks overtime compensation, unpaid wages, liquidated damages, prejudgment interest, all costs and attorneys' fees incurred prosecuting this claim and such other and further relief pursuant to the Fair Labor Standards Act and the New Mexico Minimum Wage Act. Madron operates an oilfield services company serving the Delaware Basin, Eddy County, New Mexico and Reeves County, Texas. Defendants employed Bell as a non-supervisory field employee whose job duties included the performance of manual and technical labor at jobsites. [BN] Plaintiff is represented by: Jack Siegel, Esq. SIEGEL LAW GROUP PLLC 10440 N. Central Expy., Suite 1040 Dallas, TX 75231 Tel: (214) 790-4454 Fax: (469) 339-0204 Email: jack@siegellawgroup.biz - and - J. Derek Braziel, Esq. Travis Gasper, Esq. LEE & BRAZIEL, L.L.P. 1801 N. Lamar Street, Suite 325 Dallas, TX 75202 Tel: (214) 749-1400 Fax: (214) 749-1010 MANUFACTURERS: Faces "Fynn" Suit Over Repossession Policies ----------------------------------------------------------- Edward R. Flynn, Terry S. Seyler and Gene E. Daisey, Individually and on behalf of all others similarly situated v. Manufacturers and Traders Trust Company a/k/a M&T Bank, Case No. 170902754 (Phil. Comm. Pleas, September 22, 2017), seeks monetary relief to redress the Bank's pattern and practice of failing to provide statutorily compliant, commercially reasonable, notices when repossessing and reselling a financed vehicle. Manufacturers and Traders Trust Company is a regional Bank with its principal office located at One M&T Plaza, Buffalo, New York 14203. [BN] The Plaintiff is represented by: Richard Shenkan, Esq. SHENKAN INJURY LAWYERS, LLC 6550 Lakeshore St. West Bloomfield, MI 48323 Telephone: (248) 562-1320 Facsimile: (888) 769-1774 E-mail: rshenkan@shenkanlaw.com MAXPOINT INTERACTIVE: Merger Deal Lacks Projections says "Berg" --------------------------------------------------------------- Robert Berg, individually and on behalf of all others similarly situated, Plaintiff, v. Maxpoint Interactive, Inc., Joseph Epperson, Kevin Dulsky, Lynnette Frank, Len Jordan, Augustus Tal, Harland Clarke Holdings Corp. Mercury Merger Sub, Inc. and Valassis Communications, Inc., Defendants, Case No. 5:17-cv-00469 (E.D. N.C., September 14, 2017), seeks to enjoin defendants and all persons acting in concert with them from proceeding with, consummating, or closing the acquisition of Maxpoint Interactive by affiliates of Valassis Communications; and rescinding it and setting it aside or awarding rescissory damages in the event defendants consummate the merger. The suit also seeks costs of this action, including reasonable allowance for attorneys' and experts' fees and such other and further relief under the Securities Exchange Act of 1934. Shareholders of Maxpoint will receive $13.86 in cash for each share. Defendants locked up the merger by agreeing to a "no solicitation" provision that prohibits the solicitation of alternative proposals, says the complaint. The merger documents omitted the Company's financial projections and the analyses performed by Goldman Sachs and Co. that provides stockholders with a basis to project the future financial performance of a company, and allows stockholders to better understand the financial analyses performed by the company's financial advisor in support of its fairness opinion, it adds. MaxPoint is a marketing technology company that generates hyperlocal intelligence to optimize brand and retail performance. Its proprietary technology predicts the most likely buyers of a specific product at a particular retail location and then execute cross-channel digital marketing programs to reach these buyers. [BN] Plaintiff is represented by: Brian D. Long, Esq. Gina M. Serra, Esq. RIGRODSKY & LONG, P.A. 2 Righter Parkway, Suite 120 Wilmington, DE 19803 Tel: (302) 295-531 Facsimile: (302) 654-7530 Email: bdl@rl-legal.com - and - RM LAW, P.C. 1055 Westlakes Dr., Ste. 3112 Berwyn, PA 19312 Tel: (484) 324-6800 - and - Janet Ward Black, Esq. Nancy Meyers, Esq. WARD BLACK LAW 208 W. Wendover Ave. Greensboro, NC 27401 Tel: (336) 333-2244 Fax: (336) 379-9415 Email: jwblack@wardblacklaw.com MDL 2639: Lamb Appeals Decision in Pacquiao MDL to Ninth Circuit ---------------------------------------------------------------- Plaintiffs Seth J. Lamb and Victor Capo filed an appeal from a court ruling in their lawsuit entitled Seth Lamb, et al. v. Home Box Office, Inc., et al., in the U.S. District Court for the Central District of California, Los Angeles. As previously reported in the Class Action Reporter, the lawsuit is brought for damages as a proximate result of the Defendants' alleged failure to disclose to the Nevada Athletic Commission the injuries suffered by Manny Pacquiao prior to the fight between him and Floyd Mayweather held on May 2, 2015. The lawsuit was consolidated in the multidistrict litigation titled In Re: Pacquiao-Mayweather Boxing Match Pay-Per-View Litigation, MDL No. 2:15-ml-02639-RGK-PLA, in the U.S. District Court for the Central District of California, Los Angeles. The appellate case is captioned as Seth Lamb, et al. v. Home Box Office, Inc., et al., Case No. 17-56395, 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 16, 2017; -- Transcript is due on November 13, 2017; -- Appellants Victor Capo and Seth J. Lamb's opening brief is due on December 26, 2017; -- Appellees Robert Arum, Todd DuBoef, Home Box Office, Inc., Michael Koncz, Floyd Mayweather Jr., Mayweather Promotions, LLC, Emmanuel Pacquiao and Top Rank, Inc.'s answering brief is due on January 22, 2018; and -- Appellant's optional reply brief is due 21 days after service of the answering brief.[BN] Plaintiffs-Appellants SETH J. LAMB and VICTOR CAPO, individually and on behalf of all others similarly situated, are represented by: Hart L. Robinovitch, Esq. ZIMMERMAN REED, LLP 14646 N. Kierland Blvd. Scottsdale, AZ 85254 Telephone: (480) 348-6400 Facsimile: (480) 348-6415 E-mail: hlr@zimmreed.com - and - Laurence David King, Esq. KAPLAN FOX & KILSHEIMER LLP 350 Sansome Street San Francisco, CA 94104 Telephone: (415) 772-4700 Facsimile: (415) 772-4707 E-mail: lking@kaplanfox.com - and - Caleb Lucas-Hansen Marker, Esq. ZIMMERMAN REED, LLP 2381 Rosecrans Avenue, Suite 328 Manhattan Beach, CA 90245 Telephone: (562) 216-7387 E-mail: caleb.marker@zimmreed.com Defendants-Appellees HOME BOX OFFICE, INC., TOP RANK, INC., MICHAEL KONCZ, ROBERT ARUM, TODD DUBOEF and EMMANUEL PACQUIAO are represented by: Jeffrey Barker, Esq. Daniel Petrocelli, Esq. O'MELVENY & MYERS LLP 1999 Avenue of the Stars Los Angeles, CA 90067-6035 Telephone: (310) 553-6700 Facsimile: (310) 246-6779 E-mail: jbarker@omm.com dpetrocelli@omm.com Defendants-Appellees MAYWEATHER PROMOTIONS, LLC, and FLOYD MAYWEATHER, Jr., are represented by: Mark Tratos, Esq. GREENBERG TRAURIG LLP 3773 Howard Hughes Parkway Suite # 400 North Las Vegas, NV 89169 Telephone: (702) 792-3773 E-mail: tratosm@gtlaw.com MDL 2639: Rodriguez Appeals Ruling in Pacquiao MDL to 9th Cir. -------------------------------------------------------------- Plaintiffs Jacqueline Mora Rodriguez and Gabriel Ivan Santos filed an appeal from a court ruling in the lawsuit titled Jacqueline Rodriguez, et al. v. Top Rank, Inc., et al., in the U.S. District Court for the Central District of California, Los Angeles. As previously reported in the Class Action Reporter, the lawsuit is brought for damages as a proximate result of the Defendants' alleged failure to disclose to the Nevada Athletic Commission the injuries suffered by Manny Pacquiao prior to the fight between him and Floyd Mayweather held on May 2, 2015. The lawsuit was consolidated in the multidistrict litigation titled In Re: Pacquiao-Mayweather Boxing Match Pay-Per-View Litigation, MDL No. 2:15-ml-02639-RGK-PLA, in the U.S. District Court for the Central District of California, Los Angeles. The appellate case is captioned as Jacqueline Rodriguez, et al. v. Top Rank, Inc., et al., Case No. 17-56398, in the United States Court of Appeals for the Ninth Circuit.[BN] Plaintiffs-Appellants JACQUELINE MORA RODRIGUEZ and GABRIEL IVAN SANTOS, Individually and on Behalf of all other similarly situated, are represented by: Hart L. Robinovitch, Esq. ZIMMERMAN REED, LLP 14646 N. Kierland Blvd. Scottsdale, AZ 85254 Telephone: (480) 348-6400 Facsimile: (480) 348-6415 E-mail: hlr@zimmreed.com - and - Laurence David King, Esq. KAPLAN FOX & KILSHEIMER LLP 350 Sansome Street San Francisco, CA 94104 Telephone: (415) 772-4700 Facsimile: (415) 772-4707 E-mail: lking@kaplanfox.com - and - Caleb Lucas-Hansen Marker, Esq. ZIMMERMAN REED, LLP 2381 Rosecrans Avenue, Suite 328 Manhattan Beach, CA 90245 Telephone: (562) 216-7387 E-mail: caleb.marker@zimmreed.com - and - Thomas J. McKenna, Esq. GAINEY McKENNA & EGLESTON 440 Park Avenue South, 5th Floor New York, NY 10016 Telephone: (212) 983-1300 Facsimile: (212) 683-3402 E-mail: tjmckenn@gme-law.com Defendants-Appellees TOP RANK, INC., ROBERT ARUM, MICHAEL KONCZ, TODD DUBOEF, EMMANUEL PACQUIAO and HOME BOX OFFICE, INC., are represented by: Jeffrey Barker, Esq. Daniel Petrocelli, Esq. O'MELVENY & MYERS LLP 1999 Avenue of the Stars Los Angeles, CA 90067-6035 Telephone: (310) 553-6700 Facsimile: (310) 246-6779 E-mail: jbarker@omm.com dpetrocelli@omm.com Defendants-Appellees MAYWEATHER PROMOTIONS, LLC, and FLOYD MAYWEATHER, Jr., are represented by: Mark Tratos, Esq. GREENBERG TRAURIG LLP 3773 Howard Hughes Parkway Suite # 400 North Las Vegas, NV 89169 Telephone: (702) 792-3773 E-mail: tratosm@gtlaw.com MDL 2639: Thrailkill Appeals Decision in Pacquiao MDL to 9th Cir. ----------------------------------------------------------------- Plaintiff Joshua Thrailkill filed an appeal from a court ruling in the lawsuit titled Joshua Thrailkill v. Top Rank, Inc., et al., in the U.S. District Court for the Central District of California, Los Angeles. As previously reported in the Class Action Reporter, the lawsuit is brought for damages as a proximate result of the Defendants' alleged failure to disclose to the Nevada Athletic Commission the injuries suffered by Manny Pacquiao prior to the fight between him and Floyd Mayweather held on May 2, 2015. The lawsuit was consolidated in the multidistrict litigation titled In Re: Pacquiao-Mayweather Boxing Match Pay-Per-View Litigation, MDL No. 2:15-ml-02639-RGK-PLA, in the U.S. District Court for the Central District of California, Los Angeles. The appellate case is captioned as Joshua Thrailkill v. Top Rank, Inc., et al., Case No. 17-56399, 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 16, 2017; -- Transcript is due on November 13, 2017; -- Appellant Joshua Thrailkill's opening brief is due on December 26, 2017; -- Appellees Robert Arum, Todd DuBoef, Home Box Office, Inc., Michael Koncz, Floyd Mayweather Jr., Mayweather Promotions, LLC, Emmanuel Pacquiao and Top Rank, Inc.'s answering brief is due on January 22, 2018; and -- Appellant's optional reply brief is due 21 days after service of the answering brief.[BN] Plaintiff-Appellant JOSHUA THRAILKILL, On Behalf of Himself, and All Others Similarly Situated, is represented by: Hart L. Robinovitch, Esq. ZIMMERMAN REED, LLP 14646 N. Kierland Blvd. Scottsdale, AZ 85254 Telephone: (480) 348-6400 Facsimile: (480) 348-6415 E-mail: hlr@zimmreed.com - and - Laurence David King, Esq. KAPLAN FOX & KILSHEIMER LLP 350 Sansome Street San Francisco, CA 94104 Telephone: (415) 772-4700 Facsimile: (415) 772-4707 E-mail: lking@kaplanfox.com - and - Caleb Lucas-Hansen Marker, Esq. ZIMMERMAN REED, LLP 2381 Rosecrans Avenue, Suite 328 Manhattan Beach, CA 90245 Telephone: (562) 216-7387 E-mail: caleb.marker@zimmreed.com Defendants-Appellees TOP RANK, INC., ROBERT ARUM, TODD DUBOEF, EMMANUEL PACQUIAO, MICHAEL KONCZ and HOME BOX OFFICE, INC., are represented by: Jeffrey Barker, Esq. David Marroso, Esq. Daniel Petrocelli, Esq. O'MELVENY & MYERS LLP 1999 Avenue of the Stars Los Angeles, CA 90067-6035 Telephone: (310) 553-6700 Facsimile: (310) 246-6779 E-mail: jbarker@omm.com dmarroso@omm.com dpetrocelli@omm.com Defendants-Appellees MAYWEATHER PROMOTIONS, LLC, and FLOYD MAYWEATHER, Jr., are represented by: Mark Tratos, Esq. GREENBERG TRAURIG LLP 3773 Howard Hughes Parkway Suite # 400 North Las Vegas, NV 89169 Telephone: (702) 792-3773 E-mail: tratosm@gtlaw.com MEDSOLUTIONS INC: Gerber Withdraws Motion for Class Certification ----------------------------------------------------------------- The Clerk of the U.S. District Court for the Northern District of Illinois made a docket entry on September 20, 2017, in the case titled Robert Gerber v. Medsolutions, Inc., et al., Case No. 1:17- cv-05553 (N.D. Ill.), relating to a hearing held before the Honorable Robert W. Gettleman. The minute entry states that: -- Status hearing held and continued to January 23, 2018, at 9:00 a.m.; -- Plaintiff's response on Defendants' motion to dismiss is due by October 27, 2017; -- Defendants' reply is due by November 17, 2017; and -- Plaintiff withdraws motion for class certification without prejudice. A copy of the Notification of Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=ygyblIxR MONSANTO CO: B&L Farms Suit Removed to E.D. Mo. ----------------------------------------------- The case captioned B&L Farms Partnership, Double A Farms, NJ&B Partnership, Neil Culp, Allen Culp, Pam Culp, Jill Culp, Ronnie George, R.P. George, Brian Chastain Farms, Josh Bartlett, Randle Foran Farms, Borderline Farms, JV, Wilson Application, LLC, on behalf of herself and all others similarly situated v. Monsanto Company, BASF SE and BASF Corporation, Defendants, Case No. 2:17- cv-00122 (E.D. Ark., July 21, 2017), was removed to the U.S. District Court for the Eastern District of Missouri on September 15, 2017 under Case No. 4:17-cv-02418. Plaintiffs are farms that seek redress for breach of express and implied warranties and negligence. Defendants sold Dicamba and Dicamba tolerant seeds not fit for the ordinary purpose for which it was intended because of its harmful effects on surrounding crops, says the complaint. [BN] Plaintiffs are represented by: David A. Hodges, Esq. DAVID HODGES LAW OFFICE 212 Center Street, Suite 500 Little Rock, AR 72201 Tel: (501) 374-2400 Fax: (501) 374-8926 Tel: david@hodgeslaw.com - and - Jesse B. Daggett, Esq. DAGGETT, DONOVAN & PERRY, PLLC Post Office Box 389 Marianna, AR 72360-0389 Tel: (870) 295-3434 Email: Jesse@DaggettLaw.com - and - Joseph Robert Perry, Esq. DAGGETT, DONOVAN & PERRY, PLLC Post Office Box 389 Marianna, AR 72360-0389 Tel: (870) 295-3434 ext. 20 Fax: (870) 295-3445 Email: joe@daggettlaw.com The Monsanto Company is represented by: A. Elizabeth Blackwell, Esq. Christopher M. Hohn, Esq. Daniel C. Cox, Esq. Jan P. Miller, Esq. Jeffrey A. Masson, Esq. THOMPSON COBURN LLP One U.S. Bank Plaza, Suite 2700 St. Louis, MO 63101 Tel: (314) 552-6000, 552-6159, 552-6139, 552-6365, 552-6429 Fax: (314) 552-7000, 552-7159, 552-7139, 552-7365, 552-7429 Email: eblackwell@thompsoncoburn.com chohn@thompsoncoburn.com dcox@thompsoncoburn.com jmiller@thompsoncoburn.com jmasson@thompsoncoburn.com - and - Edwin L. Lowther, Jr., Esq. Scott Andrew Irby, Esq. WRIGHT AND LINDSEY 200 W. Capitol Avenue, Suite 2300 Little Rock, AR 72201-3699 Tel: (501) 371-0808, 212-1359 Email: elowther@wlj.com sirby@wlj.com MONSTER DIGITAL: Oludele Seeks to Block Innovate Merger Deal ------------------------------------------------------------ Emmanuel Oludele, individually and on behalf of all others similarly situated, Plaintiff, v. Monster Digital, Inc., David H. Clarke, Steven C. Barre, Robert B. Machinist, Christopher M. Miner and Jonathon Clarks, Defendants, Case No. 2:17-cv-06810, (C.D. Cal., September 15, 2017), seeks to preliminarily and permanently enjoin defendants and all persons acting in concert with them from proceeding with, consummating, or closing the merger of Monster with Innovate Biopharmaceuticals, Inc. with the latter as the surviving entity; awarding rescissory damages in the event defendants consummate the merger; reasonable allowance for plaintiff's attorneys' and experts' fees and such other and further relief under the Securities Exchange Act of 1934. Innovate stockholders will receive newly issued shares of Monster common stock determined using an exchange ratio based on a pre- transaction valuation of $60 million for Innovate's business and $6 million for Monster's business. Consequently, current Monster stockholders will collectively own approximately 9%, while Innovate stockholders will collectively own approximately 91% of the combined company on a pro forma basis. According to the complaint, Monster's Enterprise Value was wrongly calculated using a 30-day volume-weighted share price of $0.5431, representing a substantial loss compared to its 52-week high closing price of $2.16. Between November 11, 2016 and March 10, 2017, the company's stock price even increased by approximately 30%. Monster designs, develops, and engineers consumer electronics, mobile products and computing applications. David H. Clarke, Steven C. Barre, Robert B. Machinist, Christopher M. Miner and Jonathon Clarks, are members of Monster's board of directors. [BN] Plaintiff is represented by: David E. Bower, Esq. MONTEVERDE & ASSOCIATES PC 600 Corporate Pointe, Suite 1170 Culver City, CA 90230 Tel: (213) 446-6652 Email: dbower@monteverdelaw.com - and - Juan E. Monteverde, Esq. MONTEVERDE & ASSOCIATES PC The Empire State Building 350 Fifth Avenue, 59th Floor New York, NY 10118 Telephone: (212) 971-1341 Email: jmonteverde@monteverdelaw.com NATIONWIDE CREDIT: "Bendixen" Files Suit Over FDCPA Breach ---------------------------------------------------------- Caroline Bendixen, individually, and on behalf of a class of similarly situated persons, Plaintiffs, v. Nationwide Credit, Inc., Defendant, Case No. 3:17-cv-00565, (W.D. Ky., September 15, 2017), seeks statutory and punitive damages, to temporarily and permanently enjoin Nationwide Credit from future similar violations of the Fair Debt Collection Practices Act, attorneys' fees and costs herein incurred and any and all other relief. Nationwide sent Bendixen collection letters through mail on behalf of a creditor, Chase Bank USA, NA, advising a $4,932.93 consumer credit account on default. Plaintiff alleges that the Defendant did not clearly identify itself as a debt collector. [BN] Plaintiff is represented by: Zachary L. Taylor, Esq. Nina B. Couch, Esq. TAYLOR COUCH PLLC 2815 Taylorsville Road, Suite 101 Louisville, KY 40205 Tel: (502) 625-5000 Email: ztaylor@taylorcouchlaw.com ncouch@taylorcouchlaw.com OHM CONCESSION: Illegally Collects Workers Biometrics, Suit Says ---------------------------------------------------------------- Sylia Komorski, individually and on behalf of similarly situated individuals v. OHM Concession Group, LLC and OHM Chicago, LLC, Case No. 2017CH12838 (Ill. Cir. Ct., September 22, 2017), is an action for damages resulting from the illegal actions of the Defendants in collecting, storing, and using Plaintiff's and other similarly situated individuals' biometric identifiers and biometric information without informed written consent. The Defendants own and operate restaurant throughout the United States. [BN] The Plaintiff is represented by: Myles McGuire, Esq. William P. Kingston, Esq. MCGUIRE LAW, P.C. 55 W. Wacker Drive, 9th Fl. Chicago, IL 60601 Telephone: (312) 893-7002 Facsimile: (312) 275-7895 E-mail: mmcguire@mcgpc.com wkingston@mcgpc.com PREFERRED FAMILY: "Smith" Suit Seeks to Recover Unpaid Overtime --------------------------------------------------------------- Frances Smith, and all others similarly-situated v. Preferred Family Healthcare, Inc., dba Health Resources of Arkansas, Decision Point, Dayspring Behavioral Health Services and Wilbur D. Mills Treatment Center, Case No. 1:17-cv-00082 (E.D. Ark., October 2, 2017), is brought against the Defendant for failure to pay overtime compensation in violation of the Fair Labor Standards Act and the Arkansas Minimum Wage Act. The Plaintiff worked for Defendant as Mental Health Professional and is a resident of Fulton County. The Defendant provides substance abuse treatment, prevention, and mental health services in over 145 locations throughout Arkansas, Missouri, Oklahoma, Kansas and Illinois.[BN] The Plaintiff is represented by: Sean Short, Esq. Chris Burks, Esq. Josh Sanford, Esq. SANFORD LAW FIRM, PLLC One Financial Center 650 South Shackleford, Suite 411 Little Rock, AR 72211 Tel: (501) 221-0088 Fax: (888) 787-2040 E-mail: sean@sanfordlawfirm.com chris@sanfordlawfirm.com josh@sanfordlawfirm.com SCOTTS CO: "Bates" Suit Seeks Unpaid Overtime Premiums ------------------------------------------------------ Bryan Bates, Individually, and on Behalf of All Others Similarly Situated, Plaintiff, v. The Scotts Company, LLC, and EG Systems, Inc., Defendant, Case No. 3:17-cv-00408, (E.D. Tenn., September 14, 2017), seeks unpaid minimum and overtime compensation for all hours worked over forty hours in a workweek, liquidated damages, reasonable attorney's fees, costs and expenses of this action and such other relief under the Fair Labor Standards Act. Defendants provide lawn, tree and shrub care and maintenance services throughout the United States and Tennessee where Scotts employed Plaintiff as technicians/specialists/territory service representatives. [BN] Plaintiff is represented by: Gregory F. Coleman, Esq. Lisa A. White, Esq. Mark E. Silvey, Esq. Benjamin P. Lemly, Esq. GREG COLEMAN LAW PC 800 S. Gay Street, Suite 1100 Knoxville, TN 37929 Telephone: (865) 247-0080 Facsimile: (865) 522-0049 Email: greg@gregcolemanlaw.com lisa@gregcolemanlaw.com mark@gregcolemanlaw.com benjamin@gregcolemanlaw.com - and - Jason T. Brown, Esq. Nicholas Conlon, Esq. JTB LAW GROUP, LLC 155 2nd Street, Suite 4 Jersey City, NJ 07302 Telephone: (877) 561-0000 Facsimile: (855) JTB-LAWS Email: jtb@jtblawgroup.com nicholasconlon@jtblawgroup.com SHOWTIME NETWORKS: "Ferrandini" Suit Removed to C.D. Cal. --------------------------------------------------------- The case captioned Dean Ferrandini and Keefe Ferrandini, individually and on behalf of all others similarly situated, Plaintiff, v. Zuffa, LLC and Showtime Networks Inc., Defendants, Case No. BC673915, (Cal. Super., August 28, 2017), was removed to the United States District Court for the Central District of California on September 14, 2017, under Case No. 2:17-cv-06781. Plaintiffs were not able to view a substantial portion of the live stream of the Floyd Mayweather, Jr. and Conor McGregor boxing match on www.showtimeppv.com 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. Zuffa, LLC operates as Ultimate Fighting Championship (UFC) that owns, operates, markets, distributes and sells a subscription- based internet streaming service called UFC.tv. UFC contracted with Showtime for the said match. [BN] Zuffa is represented by: Andrew H. Dubin, Esq. KELLEY DRYE & WARREN LLP 10100 Santa Monica Boulevard, 23rd Floor Los Angeles, CA 90067-4008 Telephone: (310) 712-6100 Facsimile: (310) 712-6199 Email: adubin@kelleydrye.com Showtime Networks, Inc. is represented by: David Ramraj Singh, Esq. WEIL GOTSHAL AND MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065-1134 Tel: (650) 802-3000 Fax: (650) 802-3100 Email: david.singh@weil.com Plaintiffs are represented by: Hrag Kouyoumijan, Esq. Drew Ferrandini, Esq. SEVEN HILL LAW, APC 411 West 7th Street, Suite 310 Los Angeles, CA 90014 Telephone: (213) 235-3532 Fax: (213) 488-1588 Email: hragk@sevenhilllaw.com drewf@sevenhilllaw.com SIMM ASSOCIATES: Certification of Class Sought in "Rayray" Suit --------------------------------------------------------------- The Plaintiff in the lawsuit titled DANIEL RAYRAY, individually and on behalf of all others similarly situated v. SIMM ASSOCIATES, INC., and DOES 1 through 10, inclusive, Case No. 2:17-cv-01176- ODW-GJS (C.D. Cal.), moves the Court to certify this class: (a) all individuals with addresses in the State of California (b) to whom SIMM ASSOCIATES, INC. (c) sent a collection letter attempting to collect a consumer debt (d) on a debt in which interest, late fees, or other charges were accruing (e) which failed to notify the consumer that interest, late fees, or other charges were accruing (g) which letter was sent on or after a date one year prior to the filing of this action and on or before a date 21 days after the filing of this action. The lawsuit arises from alleged violations of the Fair Debt Collection Practices Act. The Plaintiff also seeks appointment as class representative, and for appointment of the Plaintiff's attorneys as Class Counsel. The Court will commence a hearing on March 19, 2018, at 8:30 a.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=Pck5kF9t The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. Meghan E. George, Esq. Thomas E. Wheeler, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St., Suite 780, Woodland Hills, CA 91367 Telephone: (877) 206-4741 Facsimile: (866) 633-0228 E-mail: tfriedman@toddflaw.com abacon@toddflaw.com mgeorge@toddflaw.com twheeler@toddflaw.com SL GLOBAL: Cert. of MWD Operators Class Sought in "Morgan" Suit --------------------------------------------------------------- The parties in the lawsuit entitled JOHN MORGAN, individually and for all others similarly situated v. SL GLOBAL INVESTMENTS, LLC, Case No. 4:17-cv-00368 (S.D. Tex.), jointly move the Court for an order granting conditional certification of this collective: All MWD Operators performing work for SL Global that were paid on a day-rate basis. SL Global's agreement to conditional certification does not waive its right to argue that the FLSA Class should be decertified and/or to advance any defenses that it may have to the substantive claims in this lawsuit, according to the Motion. The Parties have attached, for Court approval, their proposed forms for notice to putative class members and consent to join, e-mail notification, and telephone scripts for undeliverable mail. The Parties have further agreed to and propose the following schedule: -- Deadline: 10 days from order approving notice to Potential Class Members -- SL Global to provide to Morgan's Counsel in Excel (.xlsx) format the following information regarding all Putative Class Members: full name; last known address(es) with city, state, and zip Code; last known e-mail address(es) (non-company address if applicable); last known telephone number(s); beginning date(s) of employment; and ending date(s) of employment (if applicable); -- Deadline: 20 days from order approving notice to Potential Class Members -- Morgan's Counsel shall send a copy of the Court-approved Notice and Consent Form to the Putative Class Members by First Class U.S. Mail and by e-mail. Morgan's Counsel may follow-up the mailed Notice and Consent Forms with contact by telephone of former employees or those Putative Class Members whose mailed or emailed contact information is not valid; -- Deadline: 60 days from mailing of Notice and Consent Forms to Potential Class Members -- The Putative Class Members shall have 60 days to return their signed Consent forms to Morgan's Counsel for filing with the Court; and -- Deadline: 20 days from mailing of Notice and Consent Forms to Potential Class Members -- Morgan's Counsel is authorized to mail and e-mail a second, identical copy of the Notice and Consent Form to the Putative Class Members reminding them of the deadline for the submission of the Consent forms. A copy of the Joint Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=Ii32Ijz1 The Plaintiff is represented by: Richard J. (Rex) Burch, Esq. Matthew S. Parmet, Esq. BRUCKNER BURCH PLLC 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Telephone: (713) 877-8788 Telecopier: (713) 877-8065 E-mail: rburch@brucknerburch.com mparmet@brucknerburch.com The Defendant is represented by: James P. McInerny, Esq. Victor Cardenas, Esq. HARTLINE DACUS BARGER DREYER LLP 1980 Post Oak Blvd, Suite 1800 Houston, TX 77056 Telephone: (713) 759-1990 Facsimile: (713) 252-8619 E-mail: jmcinerny@hdbdlaw.com vcardenas@hdbdlaw.com SPEEDYPC SOFTWARE: Beaton's Bid for Class Cert. Granted in Part --------------------------------------------------------------- The Clerk of the U.S. District Court for the Northern District of Illinois made a docket entry on September 30, 2017, in the case styled Archie Beaton v. SpeedyPC Software, Case No. 1:13-cv-08389 (N.D. Ill.), relating to a hearing held before the Honorable Andrea R. Wood. The minute entry states that the Plaintiff's motion for class certification is granted in part. The Court grants Plaintiff's motion to certify a class to bring contractual warranty claims for breaches of the implied warranties of fitness for a particular purpose and merchantability. With respect to the proposed subclass, the Court revises the subclass definition to include all Class members, who reside in Illinois in order to bring claims for fraudulent misrepresentation under the Illinois Consumer Fraud Act. The Defendant's motion to supplement response to the Plaintiff's motion for class certification and for sanctions is granted as to the request to supplement the response and denied as to sanctions. A copy of the Notification of Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=k7DcOqcs STAFFMARK HOLDINGS: Fronda Seeks Settlement OK; Hearing on Nov. 9 ----------------------------------------------------------------- Earl Fronda moves the Court for an order granting preliminary approval of the Stipulation and Agreement to Settle Class Action and Limited Release reached with Defendants CBS Personnel Services, LLC and Staffmark Holdings, Inc., in the lawsuit captioned EARL FRONDA on behalf of himself, all others similarly situated, and the general public v. STAFFMARK HOLDINGS, INC., a Delaware Corporation; CEVA LOGISTICS, U.S., INC., a Delaware corporation; and DOES 1-50, inclusive, Case No. 3:15-cv-02315-MEJ (N.D. Cal.). Specifically, Mr. Fronda moves for an order to: 1. grant preliminary approval of the terms of the Agreement as fair, reasonable and adequate under Rule 23(e) of the Federal Rules of Civil Procedure, including the amount of the settlement; the amount of distributions to class members; the procedure for giving notice to class members; the procedure for opting out of the settlement; and the amounts allocated to the enhancement payments and attorney's fees and costs; 2. preliminarily certify for settlement purposes the settlement Class described in the Agreement as follows: any and all individuals employed by CBS Defendants at CEVA Freight, LLC, CEVA Logistics U.S., Inc. and/or any other location of CEVA, CEVA's parents or any CEVA-related entity operating in California during the Class Period (April 17, 2011 through the date of preliminary approval of this Settlement by the Court). Expressly excluded from the definition of "Class" or "Class Member" are any individuals directly hired by any CEVA-related entity, including CEVA Freight, LLC and CEVA Logistics U.S., Inc. for the period of time that the individuals were employed directly by any CEVA related entity, including CEVA Freight, LLC and CEVA Logistics U.S., Inc.; 3. appoint the Plaintiff as representative for the settlement Class; 4. appoint Setareh Law Group as counsel for the settlement Class; 5. approve KCC, LLC as the settlement administrator; 6. direct that notice issue to members of the settlement Class as provided in the Agreement; and 7. schedule a final approval and fairness hearing on a date approximately 180 days after preliminary approval (April 26, 2018 is proposed) to consider whether the Agreement should be finally approved as fair, reasonable and adequate under Rule 23(e) of the Federal Rules of Civil Procedure and to rule on the motion for attorney's fees, costs, and Enhancement Award submitted by the Plaintiff. The Parties agree that $5.6 million represents the maximum amount that the CBS Defendants will pay out under the Agreement. Each Class Member, who does not opt out will be paid his/her share of the Net Settlement Sum, subject to certain taxes and withholdings. Class Counsel will not seek an amount greater than $1,866,666 for Attorney's Fees and Costs. Settlement Administration costs are estimated at $25,000 and will be paid out of the Settlement. The Class Representative enhancement award will be no more than $10,000. The sum of $75,000 shall be paid to the Labor and Workforce Development Agency to resolve claims arising under the Private Attorneys General Act. The Court will commence a hearing on November 9, 2017, at 10:00 a.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=A0DU5Al7 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@setarehlaw.com STAGES OF BEAUTY: Lopez Sues Over Auto Renewal of Subscriptions --------------------------------------------------------------- MATTHEW LOPEZ, individually and on behalf of all others similarly situated v. STAGES OF BEAUTY, LLC, a Delaware limited liability company; and DOES 1 - 10, inclusive, Case No. 3:17-cv-01888-MMA- KSC (S.D. Cal., September 14, 2017), alleges that during the class period, the Defendants made automatic renewal or continuous service offers to consumers in and throughout the United States and: (a) at the time of making the automatic renewal or continuous service offers, failed to present the automatic renewal offer terms or continuous service offer terms, in a clear and conspicuous manner and in visual proximity to the request for consent to the offer before the subscription or purchasing agreement was fulfilled, in violation of Section 17602(a)(l) of the California Business & Professions Code; (b) charged the Plaintiff's and Class Members' credit or debit cards, or third-party account without first obtaining their affirmative consent to the agreement containing the automatic renewal offer terms or continuous service offer terms, in violation of Section 17602(a)(2); and (c) failed to provide an acknowledgment that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer, in violation of Sections 17602(a)(3) and 17602(b). Stages of Beauty, LLC, is a Delaware limited liability company with its principal place of business located in Boston, Massachusetts. The Defendant operates in California and has done business throughout California and throughout the United States. The true names and capacities of the Doe Defendants are currently unknown to the Plaintiff. The Company provided, among other things, weekly subscription programs for cosmetics, beauty aids and related products.[BN] The Plaintiff is represented by: Scott J. Ferrell, Esq. PACIFIC TRIAL ATTORNEYS, A PROFESSIONAL CORPORATION 4100 Newport Place, Suite 800 Newport Beach, CA 92660 Telephone: (949) 706-6464 Facsimile: (949) 706-6469 E-mail: sferrell@pacifictrialattorneys.com TELENETWORK PARTNERS: Madrid Wins Conditional Class Certification ----------------------------------------------------------------- The Hon. Beth Labson Freeman grants the parties' joint motion and stipulation regarding conditional certification and notice to potential opt-in plaintiffs in the lawsuit captioned HUGO MADRID, LEIGHA SALYERS, and JENIFER MARCHON, individually and on behalf of all other similarly situated individuals v. TELENETWORK PARTNERS, LTD., d/b/a TELENETWORK, and TELENETWORK CALIFORNIA, INC., jointly and severally, Case No. 5:17-CV-04519-BLF (N.D. Cal.). Notice of Conditional Certification shall be given to potential class members by the Plaintiffs' Counsel as set forth in the Parties' Joint Motion. The Consent to Join Collective Action shall be used to opt in to this action. Judge Freeman rules that the Defendants shall, within seven days of this Order, provide to the Plaintiffs' counsel an Excel spreadsheet containing the name, mailing address, e-mail address, dates of employment, and location of employment of each current or former hourly brick-and-mortar customer service representative, who worked for the Defendants at any time during the past three years. Potential opt-in plaintiffs must consent to opt-in to this litigation within 45 days from the mailing of the Notice and Consent. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=ue6MGTeu The Defendants are represented by: Aaron F. Olsen, Esq. FISHER & PHILLIPS LLP 4747 Executive Drive, Suite 1000 San Diego, CA 92121 Telephone: (858) 597-9600 Facsimile: (858) 597-9601 E-mail: aolsen@fisherphillips.com TEVA PHARMA: "Grodko" Hits Share Drop, Blames Generics Business --------------------------------------------------------------- Elliot Grodko, individually and on behalf of all others similarly situated, Plaintiff, v. Teva Pharmaceutical Industries Ltd., Erez Vigodman, Eyal Desheh and Yitzhak Peterburg, Defendants., Case No. 2:17-cv-03743, (E.D. Pa., August 21, 2017), seeks damages, pre- judgment and post-judgment interest as well as reasonable attorneys' fees, expert fees and other costs and such other and further relief under the Securities and Exchange Act of 1934. According to the complaint, Defendants failed to disclose the negative impact resulting from the acquisition and integration of Actavis Generics on the Teva's financial results and business prospects. Teva announced lower than anticipated second quarter results due to the performance of its US generics business. It recorded a goodwill impairment charge of $6.1 billion in the second quarter of 2017 related to the Company's acquisition of Actavis. Teva's US generics business suffered accelerated price erosion and delays in product launches. Teva shares dropped from closing prices of 111.30 per common share and $31.25 per American Depository Share (ADS) on August 2, 2017, to a new 52-week low closing price of 71.28 per common share on August 6, 2017 and $20.60 per ADS on August 4, 2017, on heavy two-day trading volume. Teva Pharmaceuticals USA, Inc. is a Delaware corporation with its principal place of business at 1090 Horsham Road, North Wales, Pennsylvania 19454. Actavis Elizabeth, LLC is a Delaware limited liability company with its principal place of business at 200 Elmora Ave., Elizabeth, NJ 07207. Actavis was acquired by Teva in 2016. Plaintiff is represented by: Deborah R. Gross, Esq. KAUFMAN, COHEN AND RESS, P.C. Two Commerce Square, Suite 3900 2001 Market Street Philadelphia, PA 19103 Telephone: (215) 735-8700 Fax: (215) 735-5170 TIGER NATURAL GAS: "Fishman" Suit Removed to C.D. Calif. -------------------------------------------------------- The case captioned Emily Fishman, individually and on behalf of all others similarly situated, Plaintiff, v. Tiger Natural Gas, Inc., Defendant, Case No. CIV1703054, (Cal. Super., August 18, 2017), was removed to the United States District Court for the Central District of California on September 15, 2017, under Case No. 3:17-cv-05351. Fishman seeks to recover monetary and punitive damages, attorney's fees and costs resulting from violations of California's False Advertising Law and Unfair Competition Law arising from Tiger's natural gas price protection/rate cap program as indicated in its advertisements, telemarketing and bill inserts. Plaintiff alleges that Tiger charged additional fees not included in their initial offer. [BN] Tiger is represented by: John W. Amberg, Esq. Robert E. Boone III, Esq. Nancy Franco, Esq. BRYAN CAVE LLP 120 Roadway, Suite 300 Santa Monica, CA 90401 Telephone: (310) 576-2100 Facsimile: (310) 576-2200 Email: jwamberg@bryancave.com reboone@bryancave.com nancy.franco@bryancave.com Plaintiff is represented by: Daniel L. Balsam, Esq. THE LAW OFFICES OF DANIEL BALSAM 2601C Blanding Avenue 11271 Alameda, CA 94501 Tel: (415) 860-2873 Fax: (415) 869-2873 Email: legal@daldanbalsam.com - and - Jacob Harker, Esq. LAW OFFICES OF JACOB HARKER 582 Market Street. Suite 1007 San Francisco CA Tel: (415) 624-7602 Fax: (415) 684-7757 Email: jacob@harkercounsel.com TOWNSCAPE INSTITUTE: Accused by King of Violating Mass. Wage Act ---------------------------------------------------------------- MARTHA KING v. THE TOWNSCAPE INSTITUTE, INC. and RONALD LEE FLEMING, Case No. 17-2379 (Mass. Super. Ct., Middlesex Cty., August 9, 2017), alleges that the Defendants violated the Massachusetts Wage Act for failing to pay overtime to the Plaintiff and other similarly situated hourly employees. According to Count II of the complaint, Defendants had an obligation to pay its hourly employees overtime at one and a half times their rate of pay for all hours that they worked over 40 hours in a workweek. Accordingly, the plaintiff asks the Court to enter judgment for the other hourly employees. The Townscape Institute, Inc., is a non-profit public interest planning organization with a principal place of business located at in Cambridge, in Middlesex County, Massachusetts. Ronald Lee Fleming is a resident of the Commonwealth of Massachusetts and the president of Townscape.[BN] The Plaintiff is represented by: Justine Brousseau, Esq. Nina Joan Kimball, Esq. Mairead C. Blue, Esq. KIMBALL BROUSSEAU LLP One Washington Mall, 7th Floor Boston, MA 02108 Telephone: (617) 367-9449 E-mail: jbrousseau@kbattorneys.com nkimball@kbattorneys.com mblue@kbattorneys.com TRANSDIGM GROUP: Police/Fireman Fund Files SEC Suit --------------------------------------------------- City of Warren Police and Fire Retirement System, individually and on behalf of all others similarly situated, Plaintiff, v. Transdigm Group Incorporated, W. Nicholas Howley and Terrance M. Paradie, Defendants, Case No. 1:17-cv-01958, (N.D. Ohio, September 18, 2017), seeks remedies under the Securities Exchange Act of 1934. TransDigm is a global designer, producer and supplier of highly engineered components for use on commercial and military aircraft. One of its primary customers is the U.S. Government, with the defense market accounting for approximately 30% of TransDigm's total sales in 2016. Company failed to disclose that it used shell distributors it controlled to make noncompetitive government bids seem competitive, evaded government oversight of its cost structure and avoid government scrutiny, says the complaint. TransDigm's growth and profitability were artificially inflated as a result of its illicit business practices. Plaintiff is a retirement fund who invested in TransDigm securities. [BN] Plaintiff is represented by: Drew Legando, Esq. Jack Landskroner, Esq. LANDSKRONER GRIECO MERRIMAN LLC 1360 West 9th Street, Suite 200 Cleveland, OH 44113 Tel: (216) 522-9000 Fax: (216) 522-9007 Email: drew@lgmlegal.com jack@lgmlegal.com - and - David C. Walton, Esq. Brian E. Cochran, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-8498 Tel: (619) 231-1058 Fax: (619) 231-7423 Email: dwalton@rgrdlaw.com bcochran@rgrdlaw.com - and - Thomas C. Michaud, Esq. VANOVERBEKE, MICHAUD & TIMMONY, P.C. 79 Alfred Street Detroit, MI 48201 Telephone: (313) 578-1200 Fax: (313) 578-1201 Email: tmichaud@vmtlaw.com TRULIFE HEALTH: "Aytch" Labor Suit Seeks Unpaid Overtime Pay ------------------------------------------------------------ Toi Aytch, Plaintiff, on behalf of herself and others similarly situated, v. Trulife Health Services, LLC d/b/a Trulife Health Services, Case No. 1:17-cv-02769 (D. Md., September 18, 2017), seeks unpaid wages, damages and attorneys' fees and costs pursuant to the Fair Labor Standards Act, Maryland Wage and Hour Law and the Maryland Wage Payment and Collection Law. Trulife Health Services provides domestic services where Aytch worked as a home care aide in their clients' homes, assisting clients with toileting, bathing, mobility, cleaning, food preparation, and general housekeeping, and accompanying clients to medical and other appointments. [BN] Plaintiffs are represented by: David Rodwin, Esq. Sally Dworak-Fisher, Esq. THE PUBLIC JUSTICE CENTER One North Charles Street, Suite 200 Baltimore, MD 21201 Tel: (410) 625-9409 Fax: (410) 625-9423 Email: rodwind@publicjustice.org dworak-fishers@publicjustice.org WEINSTEIN PINSON: Court Certifies FDCPA Class in "Marquez" Suit --------------------------------------------------------------- The Hon. John J. Tharp, Jr., entered a memorandum opinion and order granting the Plaintiffs' motion for class certification in the lawsuit entitled ERICK MARQUEZ, IRAIDA GARRIGA, formerly known as IRAIDA ORTIZ, and DORIS RUSSELL, on behalf of plaintiffs and a class v. WEINSTEIN, PINSON & RILEY, P.S., EVAN MOSCOV, and EGS FINANCIAL CARE, INC., formerly known as NCO FINANCIAL SYSTEMS, INC., Case No. 1:14-cv-00739 (N.D. Ill.). Judge Tharp modifies the class definition to remove the reference to "Appendices A-D." In its place, the Court inserts the actual language of Paragraph 12 so that the definition need not reference the Second Amended Complaint. The modified class is defined as: (a) all individuals in Illinois; (b) against whom WPR filed a complaint; (c) containing the following language: "Pursuant to 11 [or 15] U.S.C Section 1692g(a), Defendants are informed that the undersigned law firm is acting on behalf of Plaintiff to collect the debt and that the debt referenced in this suit will be assumed to be valid and correct if not disputed in whole or in part within thirty (30) days from the date hereof"; (d) which complaint was filed on or after February 3, 2013 and prior to February 23, 2014. In their motion, the Plaintiffs seek to certify a class under the Fair Debt Collection Practices Act. A copy of the Memorandum Opinion and Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=IGJEeNBP ZTO EXPRESS: "Guo" Securities Suit Removed to N.D. California ------------------------------------------------------------- The purported class action lawsuit styled JIAN GUO, individually and on behalf of all others similarly situated v. ZTO EXPRESS (CAYMAN) INC., et al., Case No. 17-CIV-03676, was removed on September 15, 2017, from the Superior Court of the State of California for the County of San Mateo to the U.S. District Court for the Northern District of California. The District Court Clerk assigned Case No. 3:17-cv-05357 to the proceeding. On August 11, 2017, Jian Guo filed a putative class action complaint, in the Superior Court for the County of San Mateo, California, Case No. 17-CIV-03676, under the caption Jian Guo v. ZTO Express (Cayman) Inc., et al. The Complaint alleges only violations of the federal Securities Act of 1933, 15 U.S.C. Section 77a, et seq., specifically Sections 11, 12(a)(2) and 15. To date, four putative class actions asserting claims under the federal Securities Act, including this case, have been commenced concerning American Depository Shares ("ADSs") purchased in connection with ZTO's October 2016 initial public offering, ZTO informs the Court. The other actions are: City of Birmingham Retirement & Relief System v. ZTO Express (Cayman) Inc. et al., filed in Alabama state court on May 16, 2017 and removed to the United States District Court for the Northern District of Alabama on June 28, 2017 ("Alabama Action"); Rustem Nurlybayev v. ZTO Express (Cayman) Inc. et al., filed in the United States District Court for the Southern District of New York on August 14, 2017; and Michael McGrath v. ZTO Express (Cayman) Inc. et al., filed in Superior Court for the County of San Mateo, California, on August 21, 2017, which is also being be removed to this Court. The Plaintiff has named as defendants the underwriters of the October 2016 initial public offering of ZTO. The named underwriters are China Renaissance Securities (Hong Kong) Limited; Citigroup Global Markets Inc.; Credit Suisse Securities (USA) LLC; Goldman Sachs (Asia) L.L.C.; J.P. Morgan Securities LLC; and Morgan Stanley & Co. International plc. The Underwriter Defendants consented to the removal of the action only, and the consent is made without prejudice to any future challenge to the jurisdiction of the Court, substantive or procedural challenges to any complaint, or affirmative defenses raised in responsive pleading(s) by the Underwriter Defendants.[BN] The Plaintiff is represented by: James I. Jaconette, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 E-mail: jamesj@rgrdlaw.com - and - Shawn A. Williams, Esq. David W. Hall, Esq. ROBBINS GELLER RUDMAN & DOWD LLP Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: (415) 288-4545 Facsimile: (415) 288-4534 E-mail: shawnw@rgrdlaw.com dhall@rgrdlaw.com - and - Brian J. Robbins, Esq. Stephen J. Oddo, Esq. Nichole T. Browning, Esq. Eric M. Carrino, Esq. ROBBINS ARROYO LLP 600 B Street, Suite 1900 San Diego, CA 92101 Telephone: (619) 525-3990 Facsimile: (619) 525-3991 E-mail: brobbins@robbinsarroyo.com soddo@robbinsarroyo.com nbrowning@robbinsarroyo.com ecarrino@robbinsarroyo.com Defendant ZTO Express (Cayman) Inc. is represented by: Peter B. Morrison, Esq. Virginia F. Milstead, Esq. SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 300 South Grand Avenue, Suite 3400 Los Angeles, CA 90071-3144 Telephone: (213) 687-5000 Facsimile: (213) 687-5600 E-mail: peter.morrison@skadden.com virginia.milstead@skadden.com - and - Scott D. Musoff, Esq. Robert A. Fumerton, Esq. SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP Four Times Square New York, NY 10036 Telephone: (212) 735-3000 E-mail: scott.musoff@skadden.com robert.fumerton@skadden.com The Underwriter Defendants are represented by: Daniel H.R. Laguardia, Esq. SHEARMAN & STERLING LLP 535 Mission Street, 25th Floor San Francisco, CA 94105 Telephone: (415) 616-1210 E-mail: daniel.laguardia@shearman.com - and - Adam S. Hakki, Esq. Daniel C. Lewis, Esq. K. Mallory Brennan, Esq. SHEARMAN & STERLING LLP 599 Lexington Avenue New York, NY 10022 Telephone: (212) 848-4000 E-mail: ahakki@shearman.com daniel.lewis@shearman.com mallory.brennan@shearman.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala, Joy A. Agravante, Valerie Udtuhan, Julie Anne L. 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