/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/190214.mbx C L A S S A C T I O N R E P O R T E R Thursday, February 14, 2019, Vol. 21, No. 33 Headlines 2317 OMIYA: Denied Workers Overtime Pay, Wage Statements, Says Kan ALLIANCEONE RECEIVABLES: Vandehey Seeks Approval of $23K Accord ALTA-DENA CERTIFIED: Ninth Circuit Appeal Filed in Perez Suit AMERICAN EXPRESS: Oliver et al. Sue over Anti-Steering Rules AMERICAN MARKETING: Has Made Unsolicited Calls, Boriskin Claims AUDIT SYSTEMS: Travis FDCPA Suit Moved to W.D. Pennsylvania BANK OF AMERICA: Ct. Grants Conditional Certification in Culpepper BANK OF AMERICA: Removes Harrison Suit to N.D. California BAPTIST COMMUNITY: Removes Williams Suit to E.D. Louisiana BLOK CHOCOLATIER: Failed to Pay Overtime Wages, Santacruz Says BOATS BY GEORGE: Thorne Bring Class Action in NY Under ADA BOLL & BRANCH: Bunting Files Class Asserting ADA Violation BOSTON WHALER: Thorne Brings Class Action Under ADA in New York Ct. BRICKELL BRANDS: Wheeler Sues over Unwanted Cellular Phone Calls BROWN UNIVERSITY: Kozlov Moves for Class Certification Under FLSA BRUNSWICK FAMILY: Thorne Suit Asserts Disabilities Act Breach BUSTER'S MARINE: Thorne Suit Asserts ADA Breach CASTAWAY MARINA: Thorne Files ADA Class Action in New York CENTURY ENTERPRISES: Holder Sues Over Unsolicited Text Messages CLEARPATH LENDING: Pjanic Suit Moved to Minnesota Federal Court CONTRA COSTA COUNTY, CA: Farrow Appeals Decision to 9th Circuit COYOTE GRILL: Martin Seeks Unpaid Overtime Wages, Reimbursements CP OPCO: Wins Prelim. OK of $3-Mil. Settlement in McDonald Suit CREDIT CONTROL: Ousmane Files Suit under FDCPA in Colorado CSX TRANSPORTATION: Sued over Mishandling of Medical Information DBV TECHNOLOGIES: Ito-Stone Hits Share Price Drop eLOCAL USA: Has Made Unsolicited Calls, Grossberg Suit Claims FINANCE SYSTEM: Coggon Sues Over Debt Collection Practices FITNESS TIME: Has Made Unsolicited Calls, Rakovsky Suit Claims FROST-ARNETT COMPANY: Zuaiter Says Collection Fees "Illegal" GENERAL MOTORS: Hall et al. Allege StabiliTrak Defect in Vehicles GLOW ASIAN FOOD: Violates FLSA, Chen Suit Asserts GODIVA CHOCOLATIER: Hesse Files Fraud Class Suit in New York GOLD STANDARD: Motion to Certify Class in Green Suit Nixed GOOGLE INC: Seventh Circuit Appeal Filed in Rivera BIPA Suit HEALTHY HALO INSURANCE: Hume Suit Asserts TCPA Violation HIRSCHL & ADLER: Website not Blind Friendly, Dawson Says ICONIC GROUP: Has Made Unsolicited Calls, Larosa Suit Alleges ILIA INC: Bunting Brings ADA Class Action in New York ILLINOIS: Bryant Moves to Certify Prisoners Class and Sub-Classes JACKSON HEWITT: Endres et al. Sue over No-Poach Agreements KRONOS INC: Figueroa & Burton Sue over Biometric Data Storage LOLLI AND POPS: Faces Conner ADA Class Action in New York MARQUIS YACHTS: Thorne Suit Asserts Disabilities Act Violation MARRIOTT INT'L: Costa Files Class Suit in Connecticut MDL 2741: Wilkinson Suit v Monsanto over Roundup Sales Consolidated METTERS INDUSTRIES: Class Certified Under FLSA in Ortiz Suit MINDBODY, INC: Ryan et al. Balk at Merger Deal with Vista MONSANTO COMPANY: Aldisons Sue over Sale of Herbicide Roundup MONSANTO COMPANY: Anthonys Sue over Sale of Herbicide Roundup MONSANTO COMPANY: Brown Sues over Sale of Herbicide Roundup MONSANTO COMPANY: Colombaras Sue over Sale of Herbicide Roundup MONSANTO COMPANY: Hanses Sue over Sale of Herbicide Roundup MORPHE LLC: Conner Files Suit Under Disabilities Act in NY NATIONAL COLLEGIATE: Davis-Moab Files Class Action Over Injuries NATIONAL COLLEGIATE: Delts Seeks Redress for Athletes' Injuries NCAA: David Sunday Sues over Curry College Student-Athletes' Safety NCAA: Wilson Sues over Health Issues of WVU Student-Athletes NEWEGG INC: Violates Disabilities Act, Martinez Suit Asserts NOVA DENTAL: Has Made Unsolicited Calls, Sweeney Suit Claims NUSRET MIAMI: Fails to Pay Proper Wages, Compere Suit Alleges OTIS ELEVATOR: Gorss' Bid to Certify Class Taken Under Advisement OWLET BABY: Ruiz et al. Sue over Deceptive Smart Sock Baby Monitors PERSONNEL STAFFING: Court Moves Hearing on Haack's Class Cert Bid PG&E CORP: Rickaby Sues over November Camp Fire PIZZA STOP: Garcia Espindola Sues Over Unpaid Overtime Wages PLYCEM USA: Smith et al. Sue over Defective Cement Siding PONTOON BOAT: Thorne Files Class Action for ADA Violation SABRA DIPPING: Faces Ochoa Labor Suit in Los Angeles SANCHEZ OIL & GAS: Hornsby Seeks to Recover Unpaid Overtime Wages SKINFLINTS RESTAURANT: Sanchez Suit Seeks Proper Wages ST. LOUIS, MO: Dixon Moves for Certification of Arrestees Class STANFORD HEALTH: Underpays Caregivers, Rhyner Suit Alleges SUN MERRY: Vargas Seeks Overtime Compensation TD AMERITRADE: Knowles Files Suit in Nebr. for Breach of Contract TRANSPORT WORKERS UNION: Garnett Alleges Race Bias TRANSWORLD SYSTEMS: Hoffman Appeals W.D. Wash. Ruling to 9th Cir. UNIVERSITY OF ILLINOIS: Brown et al. Allege Racial Bias WELLS FARGO: Approval Hearing in Nakamura Suit Set for May 15 WELLS FARGO: Certification of Class Sought in McDonald Suit WELLS FARGO: Pekoc Appeals Ct. Approval of Hefler Suit Settlement WOLFGANG'S STEAKHOUSE: Dervisevic Sues Over Unpaid Wages [*] Consumer Agency Settles Data Breach Class Action for $22MM [*] Ride-Sharing Company Settles TCPA Class Action for $4MM ********* 2317 OMIYA: Denied Workers Overtime Pay, Wage Statements, Says Kan ------------------------------------------------------------------ Kan Ming, Individually and on behalf of all others similarly situated, Plaintiff, v. 2317 Omiya Sushi Inc., Phui Phui Woo, Yat Khow Woo and Yao Qin Feng, Defendants, Case No. 19-cv-00298 (E.D. N.Y., January 15, 2019), seeks unpaid overtime compensation, unpaid "spread-of-hours" premium, compensation for failure to provide wage notice at the time of hiring and failure to provide paystubs, liquidated damages, prejudgment and post-judgment interest and attorneys' fees and costs pursuant to the Fair Labor Standards Act and New York Labor Law. Defendants operate as "Omiya Sushi," a Japanese restaurant with principal business address located at 2317 Avenue U, Brooklyn, NY 11229 where Kan was employed as a delivery worker. He worked in excess of 40 hours per work week without overtime pay and/or spread-of-hours pay and was not given wage statements. Defendants also failed to reimburse Kan for his expenses on gas and maintenance for using his own car to make deliveries, asserts the complaint. [BN] Plaintiff is represented by: Xiaoxi Liu, Esq. HANG & ASSOCIATES, PLLC 136-20 38th Avenue, Suite 10G Flushing, NY 11354 Tel: (718)353-8588 Email: xliu@hanglaw.com ALLIANCEONE RECEIVABLES: Vandehey Seeks Approval of $23K Accord --------------------------------------------------------------- The Plaintiff in the lawsuit captioned JACQUELYN A. VANDEHEY on behalf of herself and all others similarly situated v. ALLIANCEONE RECEIVABLES MANAGEMENT, INC. and, JOHN AND JANE DOES NUMBERS 1 THROUGH 10, Case No. 1:18-cv-00481-WCG (E.D. Wisc.), asks the Court to enter an order, which: (i) preliminarily approves the Class Settlement Agreement, which provides for the creation of a class settlement fund of $23,070; (ii) certifies for settlement purposes the Settlement Class as defined in Paragraph 8 of the Agreement; (iii) appoints STERN THOMASSON LLP as Class Counsel; (iv) appoints the Plaintiff as representative of the Settlement Class; (v) sets dates for Class Members to return a seek exclusion from, or to object to, the Settlement; (vi) schedules a hearing for final approval of the Agreement; (vii) approves the mailing of notice to Class Members in the form of Exhibit 1 to Exhibit A; and (viii) finds that mailing of such notice satisfies the requirements of due process. The Litigation alleges that AllianceOne violated the Fair Debt Collection Practices Act by mailing consumers collection letters to collect defaulted credit card debts that had been charged-off by the original creditor. For the purposes of settlement, the Parties stipulate to the certification of the Settlement Class, which is defined as: All persons to whom AllianceOne Receivables Management, Inc. mailed an initial written to an address in the State of Wisconsin, between March 27, 2017 and April 17, 2018, which sought to collect a defaulted debt whose balance had been charged-off, and which: (i) listed "Interest" and or "Non-Interest Charges/Fees" as $0.00; (ii) conveyed an "offer" for a reduced amount if paid "within 40 days of receiving [the letter];" and (iii) stated AllianceOne "will notify our client that you have paid your account." AllianceOne will create a class settlement fund of $23,070, which a Third-Party Settlement Administrator will distribute to each Class Member whose Class Notice is not returned as undeliverable and does not exclude him/herself from the Settlement. Each Class Member whose Class Notice is not returned as undeliverable and does not exclude him/herself from the Settlement will be sent a check in the amount of $30, which will be void 60 days from the date of issuance. AllianceOne shall pay $1,500 to the Plaintiff for her statutory damages pursuant to 15 U.S.C. Section 1692k(a)(2)(B), which also takes into account her services to the Settlement Class. In connection with Class Counsel's application for approval of attorney's fees and costs, the Parties stipulate that, if the Court grants the Final Order, then the Litigation is a "successful action" within the meaning of 15 U.S.C. Section 1692k(a)(3) notwithstanding that AllianceOne does not admit to liability. As such, and subject to Court approval, AllianceOne agrees that Class Counsel shall be entitled to receive $30,000, which covers all fees and all expenses arising out of the Litigation. The award of fees, costs, and expenses to Class Counsel shall be in addition to, and shall not in any way reduce, the settlement amounts provided to Class Members.[CC] The Plaintiff is represented by: Francis R. Greene, Esq. Philip D. Stern, Esq. Andrew T. Thomasson, Esq. STERN THOMASSON LLP 150 Morris Avenue, 2nd Floor Springfield, NJ 07081 Telephone: (973) 379-7500 E-mail: Francis@SternThomasson.com Philip@SternThomasson.com Andrew@SternThomasson.com ALTA-DENA CERTIFIED: Ninth Circuit Appeal Filed in Perez Suit ------------------------------------------------------------- Plaintiff Juan Perez filed an appeal from a court ruling issued in his lawsuit titled Juan Perez v. Alta-Dena Certified Dairy, LLC, Case No. 2:13-cv-07741-R-FFM, in the U.S. District Court for the Central District of California, Los Angeles. As previously reported in the Class Action Reporter, Mr. Perez has filed other appeals over decisions entered by the District Court. In his complaint, the Plaintiff raises a total of six causes of action against the Defendant. The primary claims for the purpose of class certification are: claim one for failure to provide meal and rest breaks and claim two for failure to pay wages. The remaining four claims are derivative of the first two. The appellate case is captioned as Juan Perez v. Alta-Dena Certified Dairy, LLC, Case No. 19-55118, 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 February 25, 2019; -- Transcript is due on March 26, 2019; -- Appellant Juan Perez's opening brief is due on May 6, 2019; -- Appellee Alta-Dena Certified Dairy, LLC's answering brief is due on June 6, 2019; and -- Appellant's optional reply brief is due 21 days after service of the answering brief.[BN] Plaintiff-Appellant JUAN PEREZ, on behalf of himself and those similarly situated, is represented by: Natasha Chesler, Esq. Timothy B. McCaffrey, Jr., Esq. CHESLER MCCAFFREY LLP 11377 West Olympic Boulevard, Suite 500 Los Angeles, CA 90064 Telephone: (310) 882-6407 Facsimile: (310) 882-6359 E-mail: nchesler@tbmlaw.net tmccaffrey@tbmlaw.net Defendant-Appellee ALTA-DENA CERTIFIED DAIRY, LLC, a Delaware Limited Liability Company, is represented by: Amanda Kate Bonn, Esq. Marc M. Seltzer, Esq. Steven G. Sklaver, Esq. SUSMAN GODFREY L.L.P. 1900 Avenue of the Stars Los Angeles, CA 90067-4405 Telephone: (310) 789-3100 Facsimile: (310) 789-3150 E-mail: abonn@susmangodfrey.com mseltzer@susmangodfrey.com ssklaver@susmangodfrey.com AMERICAN EXPRESS: Oliver et al. Sue over Anti-Steering Rules ------------------------------------------------------------ ANTHONY OLIVER, TERRY GAYLE QUINTON, SHAWN O'KEEFE, ANDREW AMEND, SUSAN BURDETTE, GIANNA VALDES, DAVID MOSKOWITZ, ZACHARY DRAPER, NATE THAYER and MICHAEL THOMAS REID on behalf of themselves and all others similarly situated, the Plaintiffs, vs. AMERICAN EXPRESS COMPANY and AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., the Defendants, Case No. 1:19-cv-00566 (E.D.N.Y., Jan. 29, 2019), seeks to enjoin Amex's continuing enforcement of its Anti-Steering Rules under federal antitrust law. The Plaintiffs also seek damages under applicable state antitrust and consumer protection laws and the law of unjust enrichment/restitution on behalf of: all persons or entities who do not have an American Express charge or credit card and did not have one during the relevant period, who reside in a State, and who used an electronic form of payment to purchase a product or service from any merchant that accepts American Express, Visa, Mastercard, and/or Discover credit or charge cards; or, alternatively, damages are sought on behalf of the subset of persons or entities who do not have an American Express charge or credit card and did not have one during the relevant period, who reside in a State, and who used an electronic form of payment to purchase a product or service from any of the Merchant Plaintiffs. The antitrust action is brought on behalf of the millions of persons and entities, which used an electronic form of payment other than an American Express charge or credit card purchased goods and services sold by merchants across the country at prices inflated by Amex's Non-Discrimination Provisions. Amex imposes Anti-Steering Rules in its merchant agreements. These vertical restraints unreasonably restrain trade in the two-sided market for general purpose credit and charge card transactions. Amex's Anti-Steering Rules increase two-sided credit card transaction prices to supra-competitive levels; result in fewer credit card transactions than would occur but-for the restraints; and raise consumer retail prices on goods and services purchased throughout the country by Plaintiffs and the Class, the lawsuit says. The American Express Company, also known as Amex, is an American multinational financial services corporation headquartered in Three World Financial Center in New York City. The company was founded in 1850 and is one of the 30 components of the Dow Jones Industrial Average.[BN] Counsel for Plaintiffs: Joseph J. Tabacco, Jr., Esq. Todd A. Seaver, Esq. Colleen Cleary, Esq. BERMAN TABACCO 44 Montgomery Street, Suite 650 San Francisco, CA 94104 Telephone: (415) 433-3200 Facsimile: (415) 433-6382 E-mail: jtabacco@bermantabacco.com tseaver@bermantabacco.com ccleary@bermantabacco.com - and - Gordon Ball, Esq. Jonothan T. Ball, Esq. GORDON BALL LLC 7001 Old Kent Dr. Knoxville, TN 37919 Telephone: (865) 525-7028 Facsimile: (865) 525-4679 E-mail: gball@gordonball.com - and - Jay B. Shapiro, Esq. Samuel O. Patmore, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. 150 West Flagler Street, Suite 2200 Miami, FL 33130 Telephone: (305) 789-3200 Facsimile: (305) 789-3395 E-mail: jshapiro@stearnsweaver.com spatmore@stearnsweaver.com - and - Christopher Lovell, Esq. Gary S. Jacobson, Esq. LOVELL STEWART HALEBIAN JACOBSON LLP 61 Broadway, Suite 501 New York, NY 10006 Telephone: (212) 608-1900 Facsimile: (212) 719-4775 E-mail: clovell@lshllp.com gsjacobson@lshllp.com - and - Marvin A. Miller, Esq. Andrew Szot, Esq. MILLER LAW LLC 115 S. LaSalle Street, Suite 2910 Chicago, IL 60603 Telephone: (312) 332-3400 Facsimile: (312) 676-2676 E-mail: mmiller@millerlawllc.com aszot@millerlawllc.com - and - Jared B. Stamell, Esq. Richard J. Schager, Jr., Esq. Andrew Goldenberg, Esq. STAMELL & SCHAGER, LLP 260 Madison Ave., 16/F New York, NY 10016-2410 Telephone: (212) 566-4057 Facsimile: (212) 566-4061 E-mail: stamell@ssnylaw.com schager@ssnylaw.com goldenberg@ssnylaw.com - and - Simon Paris, Esq. SALTZ MONGELUZZI BARRET & BANDESKY One Liberty Place, 52nd Floor 1650 Market Street Philadelphia, PA 19103 Telephone: (215) 496-8282 Facsimile: (215) 496-0999 E-mail: sparis@smbb.com - and - Eric. D. Barton, Esq. WAGSTAFF & CARTMELL LLP 4740 Grand Avenue Suite 300 Kansas City MO 64112 Telephone: (816) 701-1167 Facsimile: (816) 531-2372 E-mail: ebarton@wcllp.com - and - Lewis S. Kahn, Esq. Melinda A. Nicholson, Esq. KAHN SWICK & FOTI, LLC 1100 Poydras Street, Suite 3200 New Orleans, LA 70163 Telephone: (504) 455-1400 Facsimile: (504) 455-1498 E-mail: lewis.kahn@ksfcounsel.com melinda.nicholson@ksfcounsel.com AMERICAN MARKETING: Has Made Unsolicited Calls, Boriskin Claims --------------------------------------------------------------- ELIZABETH BORISKIN, individually and on behalf of all others similarly situated, Plaintiff v. AMERICAN MARKETING VENTURES, INC. d/b/a YOUR VIDEO SPOKESPERSON, Defendant, Case No. 9:19-cv-80081-DMM (S.D. Fla., Jan. 20, 2019) seeks to stop the Defendants' practice of making unsolicited calls. American Marketing Ventures, Inc. d/b/a Your Video Spokesperson is engaged in video production and marketing. [BN] The Plaintiff is represented by: Manuel S. Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Boulevard, Suite 1400 Ft. Lauderdale, FL 33301 Telephone: (954) 400-4713 E-mail: mhiraldo@hiraldolaw.com - and - Michael Eisenband, Esq. EISENBAND LAW, P.A. 515 E. Las Olas Boulevard, Suite 120 Ft. Lauderdale, FL 33301 Telephone: (954) 533-4092 E-mail: MEisenband@Eisenbandlaw.com AUDIT SYSTEMS: Travis FDCPA Suit Moved to W.D. Pennsylvania ----------------------------------------------------------- A case, MELISSA TRAVIS, an individual, on behalf of herself and those similarly situated, the Plaintiff, vs. AUDIT SYSTEMS INC., the Defendant, Case No.: 18-GD-16034, was removed from the Allegheny County Court, to the U.S. District Court for the Western District of Pennsylvania (Pittsburgh) on Jan. 28, 2019. The Western District of Pennsylvania Court Clerk assigned Case No. 2:19-cv-00092-MJH to the proceeding. The case is assigned to the Hon. Judge Marilyn J. Horan. The suit alleges Fair Debt Collection Act violation.[BN] Attorneys for Plaintiff: Eugene D. Frank, Esq. LAW OFFICES OF EUGENE D. FRANK, P.C. 500 Grant Street, Suite 2900 Pittsburgh, PA 15219 Telephone: (412) 366-4276 Facsimile: (412) 366-4305 E-mail: efrank.esq@comcast.net Attorneys for Defendant: Lauren M. Burnette, Esq. MESSER STRICKLER, LTD. 12276 San Jose Blvd., Suite 720 Jacksonville, FL 32223 Telephone: (904) 527-1172 Facsimile: (904) 683-7353 E-mail: lburnette@messerstrickler.com BANK OF AMERICA: Ct. Grants Conditional Certification in Culpepper ------------------------------------------------------------------- The Hon. Victor A. Bolden grants the Plaintiff's motion for conditional certification under Section 216(b) of the Fair Labor Standards Act in the lawsuit captioned AILEEN CULPEPPER v. BANK OF AMERICA, NATIONAL ASS'N, Case No. 3:17-cv-00264-VAB (D. Conn.). Judge Bolden also: -- denies without prejudice to renewal the Defendant's motion to strike Michael Weed's consent to join the Fair Labor Standards Act collective action; -- denies without prejudice to renewal the Defendant's motion to deny Rule 23 class certification; -- denies without prejudice to renewal the Plaintiff's motion for Rule 23 class certification; -- grants the Defendant's motion to seal the Timekeeping Compliance Learning Guide; and -- denies as moot the Plaintiff's motion to amend or correct the scheduling order. The Court sets this schedule for the second phase of discovery: * The second phase of discovery will commence immediately; * Disclosure of Plaintiff's Rule 23 experts is due by June 14, 2019; * Damages analysis is due by June 14, 2019; * Deposition of Plaintiff's Rule 23 experts is due by July 19, 2019; * Disclosure of Defendant's Rule 23 experts is due by September 6, 2019; * Deposition of Defendant's Rule 23 experts is due by October 11, 2019; * Discovery is to be completed by October 11, 2019; * The Court will convene a post-discovery telephonic status conference on October 17, 2019 at 10 a.m.; * Plaintiff's motion for Rule 23 certification is due by November 15, 2019; * Defendant's motions for FLSA decertification and in opposition to Rule 23 certification as well as any dispositive motions by either party are due by December 20, 2019; * Plaintiff's replies to Defendant's motions for FLSA decertification and in opposition to Rule 23 certification are due by January 10, 2020; * Any response to any dispositive motions are due by January 31, 2020; * Any replies to any responses to dispositive motions are due by February 14, 2020; and * Oral argument on motions for Rule 23 class certification, FLSA collective de-certifcation, and any dispositive motions will be held on March 19, 2020.[CC] BANK OF AMERICA: Removes Harrison Suit to N.D. California --------------------------------------------------------- The Defendants in the case of ANDREA HARRISON, individually and on behalf of all others similarly situated, Plaintiff v. BANK OF AMERICA, N.A.; and DOES 1 through 10, inclusive, Defendants, filed a notice to remove the lawsuit from the Superior Court of the State of California, County of San Francisco (Case No. CGC-18-570911) to the U.S. District Court for the Northern District of California on January 18, 2019. The clerk of court for the Northern District of California assigned Case No. 3:19-cv-00316-JCS. The case is assigned to Judge Laurel Beeler. Bank of America, National Association operates as a bank. The Bank offers saving and current account, investment and financial services, online banking, mortgage and non-mortgage loan facilities, as well as issues credit card and business loans. Bank of America serves client worldwide. [BN] The Defendants are represented by: Michael D. Mandel, Esq. Ashley R. Li, Esq. MCGUIRE WOODS LLP 1800 Century Park East, 8th Floor Los Angeles, CA 90067 Telephone: (310) 315-8200 Facsimile: (310) 315-8210 E-mail: mmandel@mcguirewoods.com ali@mcguirewoods.com - and - Sylvia J. Kim, Esq. MCGUIRE WOODS LLP 2 Embarcadero Center, Suite 1300 San Francisco, CA 94111 Telephone: (415) 844-9944 Facsimile: (415) 844-9922 E-mail: skim@mcguirewoods.com BAPTIST COMMUNITY: Removes Williams Suit to E.D. Louisiana ---------------------------------------------------------- The Defendant in the case of TRENIKA WILLIAMS, individually and on behalf of all others similarly situated, Plaintiff v. BAPTIST COMMUNITY HEALTH SERVICES, INC., Defendant, filed a notice to remove the lawsuit from the Civil District Court, Orleans Parish (Case No. 2018-11486 I-14) to the U.S. District Court for the Eastern District of Louisiana on January 18, 2019. The clerk of court for the Eastern District of Louisiana assigned Case No. 2:19-cv-00384-SM-KWR. The case is assigned to Judge Susie Morgan and referred to Magistrate Karen Wells Roby. Baptist Community Health Services Inc. operates as a non-profit organization. The Organization offers a variety of health care services. Baptist Community Health Services serves patients in the United States. [BN] The Plaintiff is represented by: Galen M. Hair, Esq. David Paul Vicknair, Esq. Jennifer Jon Greene, Esq. John Eric Bicknell , Jr. Samuel J. Ford, Esq. SCOTT VICKNAIR HAIR & CHECKI, LLC 909 Poydras St., Suite 1100 New Orleans, LA 70112 Telephone: (504) 684-5200 Facsimile: (504) 613-6351 E-mail: hair@svhclaw.com david@svhclaw.com greene@svhclaw.com bicknell@svhclaw.com ford@vhclaw.com - and - Joshua L. Holmes, Esq. Crescent Care Legal Services 2601 Tulane Ave., Suite 630 New Orleans, LA 70119 Telephone: (504) 568-1631 Facsimile: (504) 301-1357 E-mail: joshua.holmes@crescentcarehealth.org The Defendant is represented by: Jeanne Roslyn Lemmon, Esq. GODOFSKY & SCHROEDER One Galleria Blvd., Suite 700 Metairie, LA 70001 Telephone: (504) 841-5261 E-mail: rlemmon@lammico.com BLOK CHOCOLATIER: Failed to Pay Overtime Wages, Santacruz Says -------------------------------------------------------------- MARIA SANTACRUZ, individually, and on behalf of all others similarly situated, the Plaintiff, vs. BLOK CHOCOLATIER LLC, CHOCOHOLIC INC., ESTHER ABRAHAM, ZASHA ABRAHAM and SHULEM PRERO, the Defendants, Case No. 1:19-cv-00544 (E.D.N.Y., Jan. 29, 2019), seeks redress against the Defendants for failure to pay overtime wages, spread of hour wages, and for failure to provide proper statements with each payment of wages in violation of the Fair Labor Standards Act and the New York Labor Law. According to the complaint, throughout Plaintiff's employment, the Plaintiff worked between 8:00 a.m. and 8:00 p.m., Monday through Saturday, and on average worked 50 hours per week and was paid at an hourly rate ranging from $10.00 to $15.00 per hour. Irrespective of the number of hours Plaintiff worked per week, the Plaintiff was paid at Plaintiff's regular hourly rate and was not paid overtime wages of one and one-half times Plaintiff's regular hourly rate for hours worked in excess of 40 hours per week. Moreover, the Plaintiff regularly worked in excess of 10 hours per workday and was not paid spread of hour wages of one additional hour at the applicable minimum wage rate, the lawsuit says. The Plaintiff worked as a chocolate preparer for Defendants at their facility located in Brooklyn, New York, from in or around October 2016 through September 28, 2018. The Defendants are the producers and wholesalers of a brand of chocolate products known as "Blok Chocolatier" and maintain their principal place of business and production at 445 Park Ave, Suite 228, Brooklyn, New York 11205.[BN] Attorneys for Plaintiff: Matthew Madzelan, Esq. SLATER SLATER SCHULMAN LLP 445 Broad Hollow Road, Suite 334 Melville, NY 11747 Telephone: (631) 420-9300 BOATS BY GEORGE: Thorne Bring Class Action in NY Under ADA ---------------------------------------------------------- Boats by George, Inc. is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled Braulio Thorne and on behalf of all other persons similarly situated, Plaintiff v. Boats by George, Inc., Defendant, Case No. 1:19-cv-00961 (S.D. N.Y., January 31, 2019). Boats By George, Inc. manufactures and sells boats. The Company offers new and used boats, fishing, and recreational water crafts. Boats by George serves customers in the United States.[BN] The Plaintiff is represented by: Jeffrey M. Gottlieb, Esq Jeffrey Michael Gottlieb 150 E. 18 St., Suite PHR New York, NY 10003 Tel: (212) 228-9795 Fax: (212) 982-6284 Email: nyjg@aol.com BOLL & BRANCH: Bunting Files Class Asserting ADA Violation ---------------------------------------------------------- Boll & Branch LLC is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled Rasheta Bunting, individually and as the representative of a class of similarly situated persons, Plaintiff v. Boll & Branch LLC, Defendant, Case No. 1:19-cv-00619 (E.D. N.Y., January 31, 2019). Boll & Branch is a privately held, U.S. based, e-commerce company that sells luxury bedding online. Headquartered in Summit, New Jersey, the company manufactures and sells organic cotton bed linens, blankets and bath towels and are the first maker of such goods to be certified by Fair Trade USA.[BN] The Plaintiff is represented by: Dan Shaked, Esq. Shaked Law Group P.C. 44 Court Street, Suite 1217 Brooklyn, NY 11201 Tel: (917) 373-9128 Fax: (718) 504-7555 Email: shakedlawgroup@gmail.com BOSTON WHALER: Thorne Brings Class Action Under ADA in New York Ct. ------------------------------------------------------------------- Boston Whaler, Inc. is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled Braulio Thorne and on behalf of all other persons similarly situated, Plaintiff v. Boston Whaler, Inc., Defendant, Case No. 1:19-cv-00985 (S.D. N.Y., January 31, 2019). Boston Whaler, Inc. operates as boat manufacturer. The company offers the boats, including super sport, montauk, dauntless, vintage, conquest, realm, outrage, and yacht tender. It offers its products through dealers in the United States and internationally. The company was founded in 1958 and is headquartered in Edgewater, Florida. Boston Whaler, Inc. operates as a subsidiary of Brunswick Corporation.[BN] The Plaintiff is represented by: Jeffrey M. Gottlieb, Esq. Jeffrey Michael Gottlieb 150 E. 18 St., Suite PHR New York, NY 10003 Tel: (212) 228-9795 Fax: (212) 982-6284 Email: nyjg@aol.com BRICKELL BRANDS: Wheeler Sues over Unwanted Cellular Phone Calls ---------------------------------------------------------------- THOMAS WHEELER, individually and on behalf of all others similarly situated, the Plaintiff, vs. BRICKELL BRANDS, LLC, the Defendant, Case No. 2:19-cv-00678 (C.D. Cal., Jan. 29. 2019), seeks to recover damages, injunctive relief, and any other available legal or equitable remedies, resulting from the illegal actions of Defendant, in negligently contacting Plaintiff on Plaintiff's cellular telephone, in violation of the Telephone Consumer Protection Act, thereby invading Plaintiff's privacy. According to thef complaint, on or about November 8, 2018, the Plaintiff visited Defendant's online website brickellmensproducts.com in order to request a free sample kit of products. As a direct-to-consumer seller, Defendant relies on its ability to provide free sample kits in order to entice purchases of its products. At no time did Defendant inform Plaintiff that Defendant would utilize Plaintiff's cellular telephone number to send spam text message and/or promotional offers as part of a marketing campaign. During the checkout process, the Plaintiff was never presented any language or agreement informing or agreeing that Defendant would be permitted to use his number for spam text messages. The Defendant then began to use Plaintiff's cellular telephone for the purpose of sending Plaintiff spam advertisements and/or promotional offers, via text messages, including two text message sent to and received by Plaintiff on or about January 3, 2019. The telephone number that Defendant, or its agent called was assigned to a cellular telephone service for which Plaintiff incurs a charge for incoming calls pursuant to 47 U.S.C. section 227 (b)(1). These telephone calls constituted calls that were not for emergency purposes as defined by 47 U.S.C. section 227 (b)(1)(A)(i). The Plaintiff did not provide Defendant or its agents with prior express consent to receive unsolicited text messages, pursuant to 47 U.S.C. section 227 (b)(1)(A). These telephone calls by Defendant, or its agents, violated 47 U.S.C. section 227(b)(1), the lawsuit says.[BN] Attorneys for Plaintiff: Steven S. Soliman, Esq. THE SOLIMAN FIRM 245 Fischer Avenue, Ste. D-1 Costa Mesa, CA 92626 Telephone: 714-491-4111 Facsimile: 714-491-4111 E-mail: ssoliman@thesolimanfirm.com BROWN UNIVERSITY: Kozlov Moves for Class Certification Under FLSA ----------------------------------------------------------------- The Plaintiffs in the lawsuit titled MAXWELL D. KOZLOV and BENJAMIN D. BOSIS, individually and on behalf of other similarly situated individuals v. BROWN UNIVERSITY IN PROVIDENCE IN THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS, alias, Case No. 1:19-cv-00028-JJM-LDA (D.R.I.), move to conditionally certify a Fair Labor Standards Act collective action of: all individuals employed by Defendant as Student Unit Managers and/or Assistant Managers and/or Student Unit Supervisors in the Cashiers, Carts, or Blue Room Units (or other comparable positions) for Brown University Dining Services ("Brown Dining Services") and were subject to the following common practices and/or policies of Defendant at any time from three (3) years before the filing of the Complaint to the present: a) Who were scheduled or required to be "on call" for work; and, b) Who were not paid at least minimum wage for each hour they worked and/or were scheduled or required to be "on call" for work; and, c) Who worked more than forty (40) hours in a week, including but not limited to "on call" hours; and, d) Were not paid at least one and one-half (1 1/2) times their regular rate of pay for all hours worked in excess of forty (40) in a week, including but not limited to "on call" hours; or, e) Who were just subject to the payment practices described in subparagraphs "a" and "b" above. Maxwell D. Kozlov and Benjamin D. Bosis also ask the Court to set an expedited briefing schedule and hearing on their motion for conditional certification due to the rolling statute of limitations and tolling provisions applicable in an FLSA collective action. They also move that the Defendant be ordered to provide their counsel with the names and last known addresses, Brown mail box address, e-mail addresses, and telephone numbers of all putative class members within 10 days. The Plaintiffs also move the Court to authorize their counsel to a) mail and/or e-mail the Notice of Pendency of Lawsuit and the Plaintiff Consent to Sue Form to all putative class members, b) post the Notice and Consent forms on the Counsel's firm's Web site and/or a Web site created specifically for the purpose of putting prospective class members on notice of this action and providing the option to execute opt-in consent forms electronically on-line; and, c) send follow up post cards and/or e-mails to any class members, who have not responded within 15 days after the mailing and/or e-mailing of the initial notice. The Plaintiffs further move that the Defendant be ordered to post the Notice and Consent forms in conspicuous locations in all its worksites.[CC] The Plaintiffs are represented by: Richard A. Sinapi, Esq. SINAPI LAW ASSOCIATES, LTD. 2374 Post Road, Suite 201 Warwick, RI 02886 Telephone: (401) 739-9690 Facsimile: (401) 739-9040 E-mail: ras@sinapilaw.com The Defendant is represented by: Barry J. Miller, Esq. SEYFARTH SHAW LLP Two Seaport Lane, Suite 300 Boston, MA 02210-2028 Telephone: (617) 946-4806 Facsimile: (617) 790-6753 E-mail: bmiller@seyfarth.com BRUNSWICK FAMILY: Thorne Suit Asserts Disabilities Act Breach ------------------------------------------------------------- Brunswick Family Boat Co., Inc. d/b/a/ Bayliner is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled Braulio Thorne and on behalf of all other persons similarly situated, Plaintiff v. Brunswick Family Boat Co., Inc. d/b/a/ Bayliner, Defendant, Case No. 1:19-cv-00988 (S.D. N.Y., January 31, 2019). Brunswick Family Boat Co. Inc., doing business as Bayliner Marine, designs recreational boats that allow families to explore water sports, fishing, cruising, and other options. It serves customers through a network of dealers in the United States and internationally. Brunswick Family Boat Co. Inc. was formerly known as Bayliner Corporation. The company was founded in 1955 and is based in Lake Forest, Illinois. Brunswick Family Boat Co. Inc. operates as a subsidiary of Brunswick Corporation.[BN] The Plaintiff is represented by: Jeffrey M. Gottlieb, Esq Jeffrey Michael Gottlieb 150 E. 18 St., Suite PHR New York, NY 10003 Tel: (212) 228-9795 Fax: (212) 982-6284 Email: nyjg@aol.com BUSTER'S MARINE: Thorne Suit Asserts ADA Breach ----------------------------------------------- Buster's Marine Service, Corp. is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled as Braulio Thorne and on behalf of all other persons similarly situated, Plaintiff v. Buster's Marine Service, Corp., Defendant, Case No. 1:19-cv-00966 (S.D. N.Y., January 31, 2019). Buster's Marine Service, Corp. is in the Motor Boat Dealers business.[BN] The Plaintiff is represented by: Jeffrey M. Gottlieb, Esq Jeffrey Michael Gottlieb 150 E. 18 St., Suite PHR New York, NY 10003 Tel: (212) 228-9795 Fax: (212) 982-6284 Email: nyjg@aol.com CASTAWAY MARINA: Thorne Files ADA Class Action in New York ---------------------------------------------------------- Castaway Marina, LLC is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled Braulio Thorne and on behalf of all other persons similarly situated, Plaintiff v. Castaway Marina, LLC, Defendant, Case No. 1:19-cv-00973 (S.D. N.Y., January 31, 2019). Castaway Marina, LLC is a privately held company in Queensbury, NY and engaged boat repair.[BN] The Plaintiff is represented by: Jeffrey M. Gottlieb, Esq. Jeffrey Michael Gottlieb 150 E. 18 St., Suite PHR New York, NY 10003 Tel: (212) 228-9795 Fax: (212) 982-6284 Email: nyjg@aol.com CENTURY ENTERPRISES: Holder Sues Over Unsolicited Text Messages --------------------------------------------------------------- Richard Holder, individually and on behalf of all others similarly situated, v. Century Enterprises, Inc. d/b/a Century KIA, Defendant, Case No. 8:19-cv-00280 (M.D. Fla., February 1, 2019) is a putative class action under the Telephone Consumer Protection Act ("TCPA"), arising from Defendant's knowing and willful violations of the TCPA. The Defendant caused thousands of pre-recorded messages and unsolicited text messages to be sent to the cellular telephones of Plaintiff and Class Members, causing them injuries, including invasion of their privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion, says the complaint. Plaintiff is a natural person who, at all times relevant to this action, was a resident of Hillsborough, Florida. Defendant owns and/or operates an automotive dealership in Tampa, Florida.[BN] The Plaintiff is represented by: Michael Eisenband, Esq. EISENBAND LAW, P.A. 515 E. Las Olas Boulevard, Suite 120 Ft. Lauderdale, FL 33301 Email: MEisenband@Eisenbandlaw.com Telephone: 954.533.4092 - and - Manuel Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Boulevard, Suite 1400 Ft. Lauderdale, FL 33301 Phone: 954.400.4713 Email: MHiraldo@HiraldoLaw.com - and - Ignacio J. Hiraldo, Esq. IJH LAW 14 NE First Ave. 10th Floor Miami, FL 33132 Phone: 786.351.8709 Email: ijhiraldo@ijhlaw.com - and - Scott A. Edelsberg, Esq. EDELSBERG LAW, P.A. Biscayne Blvd. #607 Aventura, FL 33180 Phone: 305.975.3320 Email: Scott@edelsberglaw.com - and - Andrew J. Shamis, Esq. SHAMIS & GENTILE, P.A. 14 NE 1st Ave #1205 Miami, FL 33132 Phone: 305.479.2299 Email: ashamis@shamisgentile.com CLEARPATH LENDING: Pjanic Suit Moved to Minnesota Federal Court --------------------------------------------------------------- The class action lawsuit titled CARON PJANIC, individually and on behalf of all others similarly situated, Plaintiff v. CLEARPATH LENDING, INC., Defendant, was removed from Hennepin County, to the U.S. District Court for the District of Minnesota on January 18, 2019. The District Court Clerk assigned Case No. 0:19-cv-00148-JRT-KMM to the proceeding. The Case is assigned to the Chief Judge John R. Tunheim and referred to Magistrate Judge Katherine M. Menendez. ClearPath Lending, Inc. is a mortgage lender offering a wide variety of home mortgage loan products including VA, FHA, and Conventional loans. [BN] The Plaintiff is represented by: Brittany McCormick, Esq. MID-MINNESOTA LEGAL AID 430 First Ave North, Suite 300 Minneapolis, MN 55401 Telephone: (612) 746-3607 Facsimile: (612) 746-3607 E-mail: bmccormick@mylegalaid.org - and - Elizabeth Christie Goodell, Esq. MID MINNESOTA LEGAL AID 430 1st Ave. N., Ste 300 Minneapolis, MN 55401 Telephone: (612) 746-3603 Facsimile: (612) 746-3603 E-mail: bgoodell@mylegalaid.org - and - Marisa C Katz, Esq. Vildan A Teske, Esq. TESKE KATZ KITZER & ROCHEL, PLLP 222 S Ninth Street, Suite 4050 Minneapolis, MN 55402 Telephone: (612) 746-1558 E-mail: katz@tkkrlaw.com teske@tkkrlaw.com The Defendant is represented by: Barbara P Berens, Esq. Erin K Fogarty Lisle, Esq. BERENS & MILLER, PA 80 S 8th St Ste 3720 Minneapolis, MN 55402 Telephone: (612) 349-6171 Facsimile: (612) 349-6416 E-mail: bberens@berensmiller.com elisle@berensmiller.com CONTRA COSTA COUNTY, CA: Farrow Appeals Decision to 9th Circuit --------------------------------------------------------------- Plaintiffs John Farrow and Jerome Wade filed an appeal from a court ruling in their lawsuit titled John Farrow, et al. v. Contra Costa County, et al., Case No. 3:12-cv-06495-JCS, in the U.S. District Court for the Northern District of California, San Francisco. As reported in the Class Action Reporter on Jan. 23, 2019, Magistrate Judge Joseph C. Spero (i) granted in part the County's motion to exclude expert testimony; (ii) denied the Plaintiffs' motion for summary judgment; (iii) granted the County's motion for summary judgment as to the Plaintiffs' Sixth Amendment claim; and (iv) dismissed the Plaintiffs' state law claim for lack of jurisdiction. John Farrow and Jerome Wade brought the putative class action asserting a number of claims based on the alleged failure of Defendant Contra Costa County to provide appointed counsel at the Plaintiffs' first court appearances, or within a reasonable time thereafter, in criminal proceedings in state court. After multiple motions to dismiss, an appeal to the Ninth Circuit, and remand to the Court, the Plaintiffs' remaining claims are for failure to provide the counsel as required by the Sixth Amendment within a reasonable time after the right attached, and for a writ of mandamus to enforce Contra Costa Public Defender Robin Lipetzky's obligations under Section 27706 of the California Government Code. The appellate case is captioned as John Farrow, et al. v. Contra Costa County, et al., Case No. 19-15152, 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 February 25, 2019; -- Transcript is due on March 26, 2019; -- Appellants John Farrow and Jerome Wade's opening brief is due on May 6, 2019; -- Appellee Contra Costa County's answering brief is due on June 4, 2019; and -- Appellant's optional reply brief is due 21 days after service of the answering brief.[BN] Plaintiffs-Appellants JOHN FARROW, on his behalf, and on behalf of all others similarly situated, and JEROME WADE, on their behalf, and on behalf of others similarly situated, are represented by: Christopher Alan Martin, Esq. MARTIN LAW OFFICES 21 Orinda Way, Suite C Orinda, CA 94563 Telephone: (510) 206-2142 E-mail: chris@martindefenders.com Defendant-Appellee CONTRA COSTA COUNTY is represented by: David Cameron Baker, Esq. OFFICE OF THE COUNTY COUNSEL 651 Pine Street Martinez, CA 94553 Telephone: (925) 335-1890 E-mail: cameron.baker@cc.cccounty.us COYOTE GRILL: Martin Seeks Unpaid Overtime Wages, Reimbursements ---------------------------------------------------------------- James Martin and Paige Aquino, as individuals, and on behalf of all similarly situated employees, Plaintiff, v. Coyote Grill Inc. and Does 1 through 50, inclusive, Defendant, Case No. 30-2013-01044235 (Cal. Super., January 15, 2019), seeks redress for Defendant's failure to provide meal periods, rest periods, minimum wages, overtime, complete and accurate wage statements; reimbursement of business-related expenses and resulting from unfair business practices; waiting time penalties for unpaid wages due upon termination in violation of the California Labor Code, California Business and Professions Code; as well as declaratory relief, damages, penalties, equitable relief, costs and attorneys' fees. Coyote Grill Inc. is a baja-style Mexican food restaurant located at 31621 S. Coast Hwy, Laguna 28 11 Beach, California where Martin and Aquino were employed as a non-exempt hourly-paid servers. Plaintiff is represented by: Kevin Mahoney, Esq. Shawn I. Pardo, Esq. MAHONEY LAW GROUP, APC 249 E. Ocean Blvd.,Ste. 814 Long Beach, CA 90802 Telephone: (562) 590-5550 Facsimile: (562) 590-8400 Email: kmahoney@mahoney-law.net spardo@mahoney-law.net CP OPCO: Wins Prelim. OK of $3-Mil. Settlement in McDonald Suit --------------------------------------------------------------- The Hon. Haywood S. Gilliam, Jr., issued an order in the lawsuit styled DAVID MCDONALD v. CP OPCO, LLC, et al., Case No. 4:17-cv-04915-HSG (N.D. Cal.): -- granting the Plaintiff's motion for preliminary approval of class action settlement; -- denying Insperity's motion to preemptively deny certification; -- granting Insperity PEO Services, L.P.'s motion to file under seal; -- directing the parties to meet and confer and stipulate to a schedule of dates for events, which shall be submitted to the Court within seven days of the date of this order; and -- directing the parties to implement the proposed class notice plan. The Settlement Class consists of "all persons who were employed by CP OpCo dba Classic Party Rentals at a Covered Location (that is, San Diego, Santa Ana/Orange County, Culver City/Inglewood (Hillcrest Blvd.), El Segundo, Burlingame/San Francisco, Compton, Modesto, Napa, San Jose, and Thousand Palms/Palm Desert) in California and who were terminated from their employment with CP OpCo dba Classic Party Rentals on or around July 11, 2017." The Settlement provides for a Settlement Fund of $3 million, non-reversionary, funded by Insperity and the Apollo Defendants, with $2.055 million available for class member settlement payments. Class counsel are permitted to seek up to 30% of the $3 million Settlement Fund for attorneys' fees as well as actual litigation expenses incurred up to $15,000. The settlement is not contingent upon this provision being granted. The Settlement allows for an incentive award of up to $15,000 to class representative McDonald but is not contingent upon this award being granted.[CC] CREDIT CONTROL: Ousmane Files Suit under FDCPA in Colorado ---------------------------------------------------------- A class action lawsuit has been filed against Credit Control, LLC. The case is styled as Ndoye Ousmane, individually and on behalf of all others similarly situated, Plaintiff v. Credit Control, LLC, LVNV Funding, LLC and John Does 1-25, Defendants, Case No. 1:19-cv-00279 (D. Colo., January 31, 2019). The docket of the case states the nature of suit as Consumer Credit filed pursuant to the Fair Debt Collection Practices Act. Credit Control, LLC provides financial services. The Company provides early out solutions, collections, and debt settlement services. Credit Control serves customers in the State of Missouri.[BN] The Plaintiff is represented by: Yaakov Saks, Esq. RC Law Group, PLLC 285 Passaic Street Hackensack, NJ 07601 Tel: (201) 282-6500 Fax: (201) 282-6501 Email: ysaks@steinsakslegal.com CSX TRANSPORTATION: Sued over Mishandling of Medical Information ---------------------------------------------------------------- ANTHONY SCHOBERT AND JOHN YORK, INDIVIDUALLY AND ON BEHALF OF THOSE SIMILARLY SITUATED, ET AL., the Plaintiffs, vs. CSX TRANSPORTATION, INC.; CSX CORPORATION, the Defendants, Case No. 1:19-cv-00076-MRB Doc (S.D. Ohio, Jan. 29, 2019), seeks to recover damages and equitable relief, including declaratory and injunctive relief, to redress the ongoing violation of rights of Plaintiffs and other similarly situated employees of CSX Transportation, Inc. and CSX Corporation under the Family and Medical Leave Act of 1993, the Employee Retirement Income Security Act, and the Rehabilitation Act of 1973. According to the complaint, the Defendants have received federal financial assistance, including, but not limited to, from the Federal-Aid Highways Act of 1944. The Plaintiffs and the putative class members are qualified individuals with disabilities, as defined by the Rehabilitation Act. Plaintiffs' and the putative class members' pre-approved FMLA leave for treatment and time off due to their disability was a reasonable accommodation for their disabilities, requested and approved through Defendants' FMLA certification process. The Defendants unlawfully obtained, mishandled, and wrongfully disclosed the medical information of Plaintiffs and the putative class members, in violation of the Rehabilitation Act. The Defendants unlawfully restricted Plaintiffs' and the putative class members' ability to use their reasonable accommodation of intermittent leave and refused to engage in the interactive process regarding Defendants' restrictions on their leave accommodation. The Defendants discriminated against Plaintiffs and the putative class members because of their disability and in retaliation for their requests for accommodation by harassing, threatening, disciplining, suspending, terminating, and creating a hostile work environment for them. As a result of this conduct, Defendants have caused Plaintiffs and the putative class members damage. The Plaintiffs and other similarly situated putative class members were eligible employees under the FMLA, had a serious medical condition as defined by the FMLA, and were properly certified to take FMLA leave. The Defendants were on notice of Plaintiffs' and other similarly situated putative class members' reasons for leave under the FMLA for their absences. Defendants were aware of their serious health conditions before and after their need for medical leave of absence and approved the Plaintiffs' and putative class members' certifications. The Defendants willfully violated Plaintiffs' and putative class members' rights under the FMLA and willfully interfered with, restrained and denied their rights provided by the FMLA. As a result of this conduct, Defendants have caused Plaintiffs and the putative class members damage, for which Plaintiffs and putative class members are entitled to relief. The Plaintiffs and putative class members were participants in Defendants' benefit. The Defendants harassed, disciplined, and discriminated against Plaintiffs and other plan. As a result of this conduct, Defendants have caused Plaintiffs and the putative class members damage, for which Plaintiffs and putative class members are entitled to relief, the lawsuit says. The Plaintiffs and all others similarly situated were or are employees of the Defendants. CSXT is a national rail carrier and operator engaged in interstate commerce.[BN] Attorneys for Plaintiffs: Elizabeth Tuck Loring, Esq. LORING LAW OFFICE, LLC 810 Sycamore St., 4th Floor Cincinnati, OH 45202 Telephone: (513) 545-6781 Facsimile: (513) 263-9081 E-mail: eloringlaw@gmail.com - and - Tod J. Thompson, Esq. TOD J. THOMPSON, ATTY. AT LAW 810 Sycamore St., 5th Floor Cincinnati, OH 45202 Telephone: (513) 322-4348 Facsimile: (513) 263-9001 E-mail: tod@tthompsonlaw.com DBV TECHNOLOGIES: Ito-Stone Hits Share Price Drop -------------------------------------------------- Travis Ito-Stone, Individually and on behalf of all others similarly situated, Plaintiff, v. DBV Technologies S.A., Daniel Tasse, Pierre-Henri Benhamou and David Schilansky, Defendants, Case No. 19-cv-00525 (D. N.J., January 15, 2019), seeks to recover compensable damages caused by violations of the federal securities laws under the Securities Exchange Act of 1934. DBV Technologies, a clinical-stage biopharmaceutical company, engages in the research and development of epicutaneous immunotherapy products. Its lead product candidate was Viaskin Peanut, an immunotherapy product. DBV failed to disclose that Viaskin Peanut failed to provide the FDA with sufficient data on manufacturing procedures and quality controls and eventually voluntarily withdrew the biologics license application for it. On this news, shares of DBV Technologies fell $8.39 per share or nearly 60% to close at $5.76 per share on December 20, 2018, damaging investors including Ito-Stone. [BN] Plaintiff is represented by: Laurence M. Rosen, Esq. THE ROSEN LAW FIRM, P.A. 355 South Grand Avenue, Suite 2450 Los Angeles, CA 90071 Telephone: (213) 785-2610 Facsimile: (213) 226-4684 Email: lrosen@rosenlegal.com eLOCAL USA: Has Made Unsolicited Calls, Grossberg Suit Claims ------------------------------------------------------------- STEVEN GROSSBERG, individually and on behalf of all others similarly situated, Plaintiff v. eLOCAL USA LLC, Defendant, Case No. 1:19-cv-20284-MGC (S.D. Fla., Jan. 20, 2019) seeks to stop the Defendants' practice of making unsolicited calls. eLocal USA LLC owns and operates an online business listing platform. The company was incorporated in 2010 and is based in Conshohocken, Pennsylvania. [BN] The Plaintiff is represented by: Manuel S. Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Boulevard, Suite 1400 Ft. Lauderdale, FL 33301 Telephone: (954) 400-4713 E-mail: mhiraldo@hiraldolaw.com - and - Michael Eisenband, Esq. EISENBAND LAW, P.A. 515 E. Las Olas Boulevard, Suite 120 Ft. Lauderdale, FL 33301 Telephone: (954) 533-4092 E-mail: MEisenband@Eisenbandlaw.com FINANCE SYSTEM: Coggon Sues Over Debt Collection Practices ---------------------------------------------------------- JASON J. COGGON, individually and on behalf of all others similarly situated v. FINANCE SYSTEM OF GREEN BAY, INC., Case No. 1:19-cv-00153 (E.D. Wisc., January 28, 2019), arises from the alleged illegal practices of the Defendant when attempting to collect an alleged debt from the Plaintiff and the class in violation of the Fair Debt Collection Practices Act. FSGB is a for-profit corporation formed under the laws of the state of Wisconsin. FSGB maintains its principal place of business in City of Green Bay, Brown County, Wisconsin. FSGB is regularly engaged in the collection of debts. FSGB regularly collects or attempts to collect debts alleged to be owed to others.[BN] The Plaintiff is represented by: Francis R. Greene, Esq. Philip D. Stern, Esq. Andrew T. Thomasson, Esq. STERN THOMASSON LLP 3010 South Appleton Road Menasha, WI 54952 Telephone: (973) 379-7500 E-mail: Philip@SternThomasson.com Andrew@SternThomasson.com Francis@SternThomasson.com FITNESS TIME: Has Made Unsolicited Calls, Rakovsky Suit Claims -------------------------------------------------------------- BRANDON RAKOVSKY, individually and on behalf of all others similarly situated, Plaintiff v. FITNESS TIME, L.L.C., Defendant, Case No. 1:19-cv-20282-FAM (S.D. Fla., Jan. 18, 2019) seeks to stop the Defendants' practice of making unsolicited calls. Fitness Time, L.L.C. offers personal training, and weight loss services. [BN] The Plaintiff is represented by: Jibrael S. Hindi, Esq. THE LAW OFFICE OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street Ft. Lauderdale, FL 33301 Telephone: (954) 907-1136 Facsimile: (855) 529-9540 E-mail: jibrael@jibraellaw.com FROST-ARNETT COMPANY: Zuaiter Says Collection Fees "Illegal" ------------------------------------------------------------ A case, MADELEINE ZUAITER, individually and on behalf of all others similarly situated, the Plaintiff, vs. FROST-ARNETT COMPANY, the Defendants, Case No. 0:19-cv-60224-KMW (S.D. Fla., Jan. 28, 2019), contends that the Defendant violated the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act in their attempt to collect collection fees from thousands of Florida consumers. The Plaintiff owes Sheridan Healthcorp Inc. for medical services. The debt is governed by the FDCPA. According to the complaint, the Defendant sent a collection letter to Plaintiff in an attempt to collect the Consumer Debt. The Defendant, through its website payment portal, attempted to collect an illegal "fee" of $4.95 in addition to the underlying debt. Among other requirements, Defendant must have either express authorization by an agreement or express statutory authority to collect any sort of "fee;" here, Defendant has neither. To that end, Defendant has violated multiple provisions of the FDCPA when it attempted to collect the "convince fee" from Plaintiff and other consumers, the lawsuit says. Frost Arnett Company is a debt collection agency.[BN] Counsel for Plaintiff: Jibrael S. Hindi, Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Fort Lauderdale, FL 33301 Telephone: 954-907-1136 Facsimile: 855-529-9540 E-mail: jibrael@jibraellaw.com GENERAL MOTORS: Hall et al. Allege StabiliTrak Defect in Vehicles ----------------------------------------------------------------- ELAINE HALL; and MANUEL LOPEZ, individually and on behalf of all others similarly situated, Plaintiffs v. GENERAL MOTORS, LLC, Defendant, Case No. Case 4:19-cv-10186-MFL-SDD (E.D. Mich., Jan. 18, 2019) alleges that the Defendant sells and manufactures defective motor vehicles. The Defendant knew that the vehicles contain one or more design and manufacturing defects in their StabiliTrak electronic stability control system that can cause the system to engage when it should not. The StabiliTrak Defect can cause the vehicle to pull to one side, particularly while turning, hesitate, jerk, brake, lock wheels, lose power and stall. In addition to the obvious safety hazard the StabiliTrak Defect poses, the cost to repair the StabiliTrak Defect can be exorbitant, requiring consumers to pay hundreds, if not thousands, of dollars. General Motors LLC was incorporated in 2009 and is based in Wilmington, Delaware. General Motors LLC operates as a subsidiary of General Motors Company. [BN] The Plaintiffs are represented by: E. Powell Miller, Esq. Sharon S. Almonrode, Esq. THE MILLER LAW FIRM, P.C. 950 W. University Drive, Suite 300 Rochester, MI 48307 Telephone: (248) 841-2200 E-mail: epm@millerlawpc.com ssa@millerlawpc.com - and - Mark Greenstone, Esq. GREENSTONE LAW PC 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9156 E-mail: mgreenstone@greenstonelaw.com - and - Lionel Z. Glancy, Esq. Marc L. Godino, Esq. Danielle L. Manning, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9150 E-mail: lglancy@glancylaw.com mgodino@glancylaw.com dmanning@glancylaw.com GLOW ASIAN FOOD: Violates FLSA, Chen Suit Asserts ------------------------------------------------- A complaint was filed pursuant to the Fair Labor Standards Act against Glow Asian Food, Inc. doing business as: Glow Thai & Japanese. The case is styled Ji Guo Chen, on his own behalf and on behalf of others similarly situated, Plaintiff v. Glow Asian Food, Inc. doing business as: Glow Thai & Japanese and Qin Hsu, Defendants, Case No. 2:19-cv-00630 (E.D. N.Y., January 31, 2019). Glow Asian Food, Inc. doing business as: Glow Thai & Japanese is a casual option for Thai & Japanese dishes served in a chic, modern interior with unique lighting.[BN] The Plaintiff appears PRO SE. GODIVA CHOCOLATIER: Hesse Files Fraud Class Suit in New York ------------------------------------------------------------ A class action lawsuit has been filed against Godiva Chocolatier, Inc. The case is styled as Steve Hesse, on behalf of himself and all others similarly situated, Plaintiff v. Godiva Chocolatier, Inc. and Does 1 through 50, Defendants, Case No. 1:19-cv-00972-AJN (S.D. N.Y., January 31, 2019). The docket of the lawsuit states the case type as Other Fraud Dispute. Godiva Chocolatier, Inc. manufactures and sells Belgian chocolates to customers in the United States and internationally. It offers chocolate truffles, gift baskets and towers, gourmet biscuits, coffee and cocoa, wrapped chocolates, chocolate strawberries, party favors, gift boxes, party snacks, and chocolate eggs and bunnies, as well as pretzels, nuts, and bars. The company offers its chocolates in dark, milk, white, nut and caramel, assorted, kosher, and sugar free flavors for Easter, spring, and other occasions.[BN] The Plaintiff is represented by: Innessa Melamed Huot, Esq. Faruqi & Faruqi, LLP (NYC) 685 Third Avenue, 26th Floor New York, NY 10017 Tel: (212) 983-9330 Fax: (212) 983-9331 Email: ihuot@faruqilaw.com GOLD STANDARD: Motion to Certify Class in Green Suit Nixed ---------------------------------------------------------- In the class action lawsuit captioned Norman Green, et al., the Plaintiff, vs. Gold Standard Baking, Inc., et al., the Defendant, Case No. 1:13-cv-01524 (N.D. Ill., Jan. 29, 2019), the Hon. Judge Sara L. Ellis entered an order on striking a motion to certify class. According to the docket entry made by the Clerk on Jan. 29, 2019, the motion to certify class is stricken. Motion for extension of time to file is granted and objections to report and recommendation are due 14 days after Magistrate Judge Kim's ruling on the motion to reconsider. The Status hearing set for Jan. 31, 2019 is stricken.[CC] GOOGLE INC: Seventh Circuit Appeal Filed in Rivera BIPA Suit ------------------------------------------------------------ Plaintiffs Lindabeth Rivera and Joseph Weiss filed an appeal from a court ruling issued in their lawsuit entitled Lindabeth Rivera, et al. v. Google, LLC, Case No. 1:16-cv-02714, in the U.S. District Court for the Northern District of Illinois, Eastern Division. As previously reported in the Class Action Reporter, the lawsuit seeks damages and other alleged legal and equitable remedies resulting from the illegal actions of Google in collecting, storing and using the Plaintiff's and other similarly situated individuals' biometric identifiers and biometric information without informed written consent, in direct violation of the Illinois Biometric Information Privacy Act. The appellate case is captioned as Lindabeth Rivera, et al. v. Google, LLC, Case No. 19-1182, in the U.S. Court of Appeals for the Seventh Circuit. The briefing schedule in the Appellate Case is set as follows: -- Transcript information sheet is due by February 11, 2019; and -- Appellant's brief is due on or before March 11, 2019, for Lindabeth Rivera and Joseph Weiss.[BN] Plaintiffs-Appellants LINDABETH RIVERA, individually and on behalf of all others similarly situated, and JOSEPH WEISS, individually and on behalf of all others similarly situated, are represented by: Tina Wolfson, Esq. AHDOOT & WOLFSON, PC 10728 Lindbrook Drive Los Angeles, CA 90024 Telephone: (310) 474-9111 E-mail: twolfson@ahdootwolfson.com Defendant-Appellee GOOGLE, LLC, is represented by: Debra Rae Bernard, Esq. PERKINS COIE LLP 131 S. Dearborn Street Chicago, IL 60603-5559 Telephone: (312) 324-8559 E-mail: dbernard@perkinscoie.com HEALTHY HALO INSURANCE: Hume Suit Asserts TCPA Violation -------------------------------------------------------- Lori Hume, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. Healthy Halo Insurance Services, Inc. d/b/a Buyhealthinsurance.com Insurance Services, Defendant, Case No. 8:19-cv-00214 (C.D. Cal., February 2, 2019) is a Class Action Complaint seeking damages, injunctive relief, and any other available legal or equitable remedies, resulting from the illegal actions of Defendant in negligently and/or intentionally contacting Plaintiff on her cellular telephone, in violation of the Telephone Consumer Protection Act ("TCPA"). Plaintiff was personally affected by the Defendant's aforementioned conduct because Plaintiff was frustrated and distressed that Defendant annoyed Plaintiff with text message using an Automatic Dialing System without her prior express consent to receive such text messages. This invaded Plaintiff's right to privacy, says the complaint. Ms. Hume is a citizen and resident of the State of California, County of Orange, City of Trabuco Canyon. Healthy Halo is an active, registered corporation with the State of California's Secretary of State.[BN] The Plaintiff is represented by: Abbas Kazerounian, Esq. Jason A. Ibey, Esq. Nicholas R. Barthel, Esq. KAZEROUNI LAW GROUP, APC 245 Fischer Avenue, Suite D1 Costa Mesa, CA 92626 Phone: (800) 400-6808 Facsimile: (800) 520-5523 Email: ak@kazlg.com jason@kazlg.com nicholas@kazlg.com - and - Joshua B. Swigart, Esq. HYDE & SWIGART 2221 Camino Del Rio South, Suite 101 San Diego, CA 92108 Phone: (619) 233-7770 Facsimile: (619) 297-1022 Email: josh@westcoastlitigation.com HIRSCHL & ADLER: Website not Blind Friendly, Dawson Says -------------------------------------------------------- Deshawn Dawson, on behalf of himself and all others similarly situated, Plaintiffs, v. Hirschl & Adler Galleries, Inc., Defendant, Case No. 19-cv-00437 (S.D. N.Y., January 15, 2019), seeks preliminary and permanent injunction, compensatory, statutory and punitive damages and fines, prejudgment and post-judgment interest, costs and expenses of this action together with reasonable attorneys' and expert fees and such other and further relief under the Americans with Disabilities Act, New York State Human Rights Law and New York City Human Rights Law. Defendant operates the Hirschl & Adler Art Gallery as well as the www.hirschlandadler.com website. Plaintiff is legally blind and claims that Defendant's website cannot be accessed by the visually-impaired. [BN] Plaintiff is represented by: Jeffrey M. Gottlieb, Esq. Dana L. Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 East 18th Street, Suite PHR New York, NY 10003-2461 Telephone: (212) 228-9795 Facsimile: (212) 982-6284 Email: nyjg@aol.com danalgottlieb@aol.com - and - Joseph H. Mizrahi, Esq. COHEN & MIZRAHI LLP 300 Cadman Plaza West, 12th Fl. Brooklyn, NY 11201 Tel: (929) 575-4175 Fax: (929) 575-4195 Email: Joseph@cml.legal ICONIC GROUP: Has Made Unsolicited Calls, Larosa Suit Alleges ------------------------------------------------------------- CHRISTIAN LAROSA, individually and on behalf of all others similarly situated, Plaintiff v. ICONIC GROUP (FLORIDA), INC. a/k/a ICONIC GROUP, INC. d/b/a GRADIMAGES, Defendant, Case No. 1:19-cv-20283-CMA (S.D. Fla., Jan. 20, 2019) seeks to stop the Defendants' practice of making unsolicited calls. Iconic Group, Inc. provides professional event photography services in the United States, Canada, and Europe. Iconic Group, Inc. was formerly known as Event Photography Group, Inc. and changed its name to Iconic Group, Inc. in February 2016. The company was founded in 2007 and is based in Atlanta, Georgia. Iconic Group, Inc. operates as a subsidiary of Raymond James Financial, Inc. [BN] The Plaintiff is represented by: Manuel S. Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Boulevard, Suite 1400 Ft. Lauderdale, FL 33301 Telephone: (954) 400-4713 E-mail: mhiraldo@hiraldolaw.com - and - Michael Eisenband, Esq. EISENBAND LAW, P.A. 515 E. Las Olas Boulevard, Suite 120 Ft. Lauderdale, FL 33301 Telephone: (954) 533-4092 E-mail: MEisenband@Eisenbandlaw.com ILIA INC: Bunting Brings ADA Class Action in New York ----------------------------------------------------- Ilia Inc. is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled Rasheta Bunting, individually and as the representative of a class of similarly situated persons, Plaintiff v. Ilia Inc. doing business as: IliaBeauty.com, Defendant, Case No. 1:19-cv-00621 (E.D. N.Y., January 31, 2019). ILIA Inc. manufactures cosmetics with organic ingredients and non-toxic synthetics. The company offers foundations, moisturizers, translucent powder, finishing powder, concealer, water stick, lipsticks, lip conditioner, lip gloss, lip care, lipstick crayons, mascara, eyeliner, shadow, eye primer, and make up tools and brushes. It offer its products through its online platform. The company was founded in 2011 and is headquartered in Laguna Beach, California.[BN] The Plaintiff is represented by: Dan Shaked, Esq. Shaked Law Group P.C. 44 Court Street, Suite 1217 Brooklyn, NY 11201 Tel: (917) 373-9128 Fax: (718) 504-7555 Email: shakedlawgroup@gmail.com ILLINOIS: Bryant Moves to Certify Prisoners Class and Sub-Classes ----------------------------------------------------------------- The Plaintiffs in the lawsuit styled CHARLES BRYANT, N61320, ALFRED JOHNSON, R23237, and BRIAN D. CURTIS, R55894, individually and on behalf of a Class of persons similarly situated v. JOHN R. BALDWIN, Acting Director of the Illinois Department of Corrections, DR. STEVE MEEKS, Chief of Health Services of the Illinois Department of Corrections, and WEXFORD HEALTH SOURCES, INC., Case No. 2:18-cv-02192-CSB-EIL (C.D. Ill.), ask the Court to certify: (1) the case as a class action with this class definition: all current and future prisoners in IDOC custody who have presented, or will present, with a symptomatic hernia to prison staff, and under Rule 23(b)(3) (seeking damages as well as declaratory and injunctive relief) as all past and current prisoners in IDOC custody (through the date of a settlement or judgment) who have presented with a symptomatic hernia to prison staff; and (2) Certify two Sub-Classes: a. the Pre-Surgical Sub-Class, consisting of all class members who have a symptomatic abdominal wall hernia but who have been denied or unreasonably delayed in receiving a referral for a surgical consult and/or receiving recommended corrective surgery; and b. the Post-Surgical Sub-Class, consisting of all class members who previously suffered a symptomatic abdominal wall hernia and who suffered an unreasonable delay in obtaining corrective surgery, resulting in prolonged pain, suffering, limitation of daily activities, a worsening of their condition, the need for more extensive surgery, and/or other adverse effects causally related to the delay. The Plaintiffs also ask the Court to appoint Plaintiff Charles Bryant as class representative of the Pre-Surgery Class and appoint Plaintiffs Alfred Johnson and Brian D. Curtis as class representatives of the Post-Surgical Class. The Plaintiffs further ask the Court to appoint Thomas J. Pliura, M.D., J.D., P.C., as Class Counsel.[CC] The Plaintiffs are represented by: Thomas J. Pliura, Esq. LAW OFFICES OF THOMAS J. PLIURA, M.D., J.D., P.C. P.O. Box 130 LeRoy, IL 61752 Telephone: (309) 962-2299 Facsimile: (309) 962-4646 E-mail: tom.pliura@zchart.com JACKSON HEWITT: Endres et al. Sue over No-Poach Agreements ---------------------------------------------------------- TOM ENDRES, and LATONYA FIELDS, individually and on behalf of all others similarly situated, Plaintiff v. JACK HEWITT, INC.; JACKSON HEWITT TAX SERVICE INC.; and TAX SERVICES OF AMERICA, INC., Defendants, Case No. 2:19-cv-00037 (E.D. Va., Jan. 18, 2019) alleges violation of the Sherman Act. The Plaintiffs allege in the complaint that the Defendants unlawfully conspire and suppress wages of the Plaintiff and the class through agreements with its franchisees not to compete for workers. The Defendants require the Plaintiff and the class to sign an agreement containing a no-poach clause that severely limited the Plaintiffs' and the Class members' job mobility and served to significantly suppress their compensation. Jackson Hewitt Inc. offers professional tax preparation services in the United States and Puerto Rico. The company was founded in 1982 and is based in Parsippany, New Jersey. Jackson Hewitt Inc. operates as a subsidiary of Jackson Hewitt Tax Service Inc. [BN] The Plaintiff is represented by: Condrad M. Sunshine, Esq. WILLCOX & SAVAGE, P.C. 440 Monticello Avenue, Suite 2200 Norfolk, VA 23510 Telephone: (757) 628-5500 Facsimile: (757( 628-5566 E-mail: cshumadine@wilsav.com KRONOS INC: Figueroa & Burton Sue over Biometric Data Storage ------------------------------------------------------------- CHARLENE FIGUEROA; and JERAMAINE BURTON, individually and on behalf of all others similarly situated, Plaintiffs v. KRONOS INCORPORATED, Defendant, Case No. 2019CH00744 (Ill. Cir., Cook Cty., Jan. 18, 2019) alleges violation of the Biometric Information Privacy Act. According to the complaint, the Defendant failed to provide the Plaintiffs and the class with a written, publicly available policy identifying its retention schedule and guidelines for permanently destroying employees' biometric data when the initial purpose for collecting or obtaining their biometrics is no longer relevant, as required by the Biometric Information Privacy Act. The Defendant also has collected, stored, and used the Plaintiffs and the class biometric data for years without such a policy, the publishing of the recent policy on its website is also problematic. Kronos Incorporated provides cloud-based human capital management and workforce management solutions. The company was founded in 1977 and is based in Chelmsford, Massachusetts. [BN] The Plaintiffs are represented by: James B. Zouras, Esq. Ryan F. Stephan, Esq. Andrew C. Ficzko, Esq. Haley R. Jenkins, Esq. STEPHAN ZOURAS, LLP 100 N. Riverside Plaza, Suite 2150 Chicago, IL 60606 Telephone: (312) 233-1550 Facsimile: (312) 233-1560 E-mail: jzouras@stephenzouras.com rstephan@stephenzouras.com aficzko@stephenzouras.com hjenkins@stephenzouras.com - and Benjamin H. Richman, Esq. J. Eli Wade-Scott, Esq. EDELSON PC 350 North LaSalle Street, 14th Floor Chicago, IL 60654 Telephone: (312) 589-6370 Facsimile: (312) 589-6387 E-mail: brichman@edelson.com ewadescott@edelson.com - and David Fish, Esq. John Kunze, Esq. THE FISH LAW FIRM, P.C. 200 East Fifth Avenue, Suite 123 Naperville, IL 60563 Telephone: (630) 355-7590 Facsimile: (630) 778-0400 E-mail: dfish@fishlawfirm.com jkunze@fishlawfirm.com LOLLI AND POPS: Faces Conner ADA Class Action in New York --------------------------------------------------------- Lolli And Pops, Inc. is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled Mary Conner, individually and as the representative of a class of similarly situated persons, Plaintiff v. Lolli And Pops, Inc., Defendant, Case No. 1:19-cv-00958 (S.D. N.Y., January 31, 2019). Lolli and Pops, Inc. operates sweet shops that offer artisan chocolates, candies, confections, and gifts in the United States. The company also sells its products online. It operates stores in California, Colorado, Georgia, Idaho, Illinois, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, New Jersey, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, and Washington. The company was founded in 2012 and is based in San Francisco, California. Lolli and Pops, Inc. operates as a subsidiary of Meetha Ventures LLC.[BN] The Plaintiff is represented by: Dan Shaked, Esq. Shaked Law Group P.C. 44 Court Street, Suite 1217 Brooklyn, NY 11201 Tel: (917) 373-9128 Fax: (718) 504-7555 Email: shakedlawgroup@gmail.com MARQUIS YACHTS: Thorne Suit Asserts Disabilities Act Violation -------------------------------------------------------------- Marquis Yachts, LLC D/B/A Carver Yachts is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled Braulio Thorne and on behalf of all other persons similarly situated, Plaintiff v. Marquis Yachts, LLC D/B/A Carver Yachts, Defendant, Case No. 1:19-cv-00977 (S.D. N.Y., January 31, 2019). Carver Yachts is a luxury yachts manufacturer of sport coupes and command bridge yachts.[BN] The Plaintiff is represented by: Jeffrey M. Gottlieb, Esq. Jeffrey Michael Gottlieb 150 E. 18 St., Suite PHR New York, NY 10003 Tel: (212) 228-9795 Fax: (212) 982-6284 Email: nyjg@aol.com MARRIOTT INT'L: Costa Files Class Suit in Connecticut ----------------------------------------------------- A class action lawsuit has been filed against Marriott International, Inc. The case is styled as Kathryn Costa, Natalene Gauna, Greg Leeb, Karen Stivaletta, Kerri Shapiro and Lori Trent, individually and on behalf of a class of all others similarly situated, Plaintiffs v. Marriott International, Inc. and Starwood Hotels & Resorts Worldwide LLC, Defendants, Case No. 3:19-cv-00145-JAM (D. Conn., January 31, 2019). The docket of the lawsuit states the case type as Other Contract Dispute. Marriott International is an American multinational diversified hospitality company that manages and franchises a broad portfolio of hotels and related lodging facilities.[BN] The Plaintiff is represented by: Joseph P. Guglielmo, Esq. Scott+Scott, Attorneys at Law, LLP The Helmsley Building 230 Park Avenue, 17th Floor New York, NY 10169 Tel: (212) 223-6444 Fax: (212) 223-6334 Email: jguglielmo@scott-scott.com MDL 2741: Wilkinson Suit v Monsanto over Roundup Sales Consolidated ------------------------------------------------------------------- The class action lawsuit titled DWIGHT WILKINSON, the Plaintiff, v. MONSANTO COMPANY, Defendant, Case No. 4:19-cv-00034 (Filed Jan. 11, 2019), was transferred from the U.S. District Court for the Eastern District of Missouri to the U.S. District Court for the Northern District of California (San Francisco) on Jan. 29, 2019. The Northern District of California Court Clerk assigned Case No. 3:19-cv-00491-VC to the proceeding. This is an action for damages suffered by Plaintiff as a direct and proximate result of Defendant negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, advertising, distribution, labeling, and/or sale of the herbicide Roundup (TM), containing the active ingredient glyphosate. The Whitmire case is being consolidated with MDL 2741 in re: Roundup Products Liability Litigation. The MDL was created by Order of the United States Judicial Panel on Multidistrict Litigation on October 3, 2016. These actions share common factual questions arising out of allegations that Monsanto's Roundup herbicide, particularly its active ingredient, glyphosate, causes non-Hodgkin's lymphoma. The Plaintiff alleges that they or their decedents developed non-Hodgkin's lymphoma after using Roundup over the course of several or more years. Plaintiff also alleges that the use of glyphosate in conjunction with other ingredients, in particular the surfactant polyethoxylated tallow amine (POEA), renders Roundup even more toxic than glyphosate on its own. Issues concerning general causation, the background science, and regulatory history will be common to all actions. In its October 3, 2016 Order, the MDL Panel found that the actions in this MDL involve common questions of fact, and that centralization in the Northern District of California will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. Centralization will eliminate duplicative discovery; prevent inconsistent pretrial rulings (including with respect to discovery, privilege, and Daubert motion practice); and conserve the resources of the parties, their counsel, and the judiciary. Presiding Judge in the MDL is Hon. Judge Vince Chhabria. The lead case is 3:16-md-02741-VC.[BN] Attorneys for Plaintiff: D. Todd Mathews, Esq. Joseph B. Carnduff, Esq. GORI JULIAN LAW Edwardsville, IL 62025 156 N. Main St. Telephone (618) 659 9833 Facsimile (618) 659 9834 E-mail: todd@gorijulianlaw.com jcarnduff@gorijulianlaw.com METTERS INDUSTRIES: Class Certified Under FLSA in Ortiz Suit ------------------------------------------------------------ The Hon. Paul G. Byron grants the Plaintiffs' Motion for Conditional Certification and Court-Authorized Notice Pursuant to 29 U.S.C. Section 216(b) in the lawsuit entitled CARLOS ORTIZ and VICTOR VALERIO, on behalf of themselves and all others similarly situated v. METTERS INDUSTRIES, INC. d/b/a METTERS INC., and SAMUEL METTERS, Case No. 6:17-cv-01879-PGB-DCI (M.D. Fla.). The FLSA Minimum Wage Class is defined as: All employees who worked for Defendants at their Orlando, Florida, facility who were not paid minimum wage for all hours worked during the weeks of September 1, 2017, through October 27, 2017. Judge Byron directs Defendants Metters Industries, Inc. and Samuel Metters to produce to the Plaintiffs' counsel, within 14 days from the date of this Order, a list containing the names and last known addresses of all putative class members, who worked for the Defendants between September 1, 2017, and October 27, 2017. The Plaintiffs' counsel shall have 15 days from the date the Plaintiffs receive the List to send a notice to all individuals named on Defendants' List. Any individual whose name appears on the List shall have 90 days from the date the Notices are initially mailed to file a Consent to Join Collective Action.[CC] MINDBODY, INC: Ryan et al. Balk at Merger Deal with Vista --------------------------------------------------------- A case, PHILIP RYAN, JR. and DONALD FRIEDMAN, on behalf of themselves and all other similarly situated stockholders of MINDBODY, Inc., the Plaintiffs, vs. MINDBODY, INC., RICHARD L. STOLLMEYER, KATHERINE BLAIR CHRISTIE, CUNNINGHAM, GAIL GOODMAN, CIPORA HERMAN, ERIC LIAW, ADAM MILLER, GRAHAM SMITH, VISTA EQUITY PARTNERS MANAGEMENT, LLC, TORREYS PARENT, LLC, TORREYS MERGER SUB, INC., and INSTITUTIONAL VENTURE PARTNERS XIII, L.P., the Defendants, Case No. 2019-0061 (D. Del., Jan. 29, 2019), sues MINDBODY's board of directors including its Chairman, Chief Executive Officer and co-founder Richard L. Stollmeyer, for breach of fiduciary duties in connection with MINDBODY's proposed merger with affiliates of Vista Equity Partners Management, LLC, against whom Plaintiffs also bring this complaint for aiding and abetting the Board's breaches of fiduciary duties. The Plaintiffs also seek determinations pursuant to 8 Del. C. section that (a) under MINDBODY's Amended and Restated Certificate of Incorporation the Class B common stock of Stollmeyer and Institutional Venture Partners XIII, L.P. has automatically converted to Class A stock, and (b) the claim by Stollmeyer, Vista and the MINDBODY Board that the Board has authority to approve Stollmeyer and senior management receiving different consideration for their stock violates the Certificate and any attempt to have Stollmeyer and others receive different consideration would violate the Certificate. The stockholder class action challenges MINDBODY's take-private by Vista for the unfair price of $36.50 per share in cash. The sale process culminating in the Merger was irreparably tainted by the conflicts of Stollmeyer and management, who ran the sale process with MINDBODY's conflicted financial advisor, Qatalyst Partners LP, which has lucrative ties to Vista and no prior relationship with MINDBODY. Now the Board is soliciting stockholders to approve the Merger based on materially misleading and incomplete disclosures in MINDBODY's January 23, 2019 Definitive Proxy Statement. The Proxy also represents that Stollmeyer and IVP hold vote per share Class B stock, which would provide most of the votes needed to approve the Merger. However, through Defendants' actions, these shares have automatically converted into one vote per share Class A stock. By October 2018, Stollmeyer had decided to take MINDBODY private, which he had only taken public in 2015. On information and belief, he was aware that IVP wanted to exit its investment in MINDBODY. Stollmeyer met with behemoth private equity firm Vista in October 2018 to discuss Vista's investment strategy and interest in MINDBODY. He also met with two other financial sponsors. The Proxy does not provide the reason for or the dates of his contacts with these three financial sponsors. There is no indication that the MINDBODY Board had suggested or authorized Stollmeyer to canvas potential financial partners for a management led buy-out. Stollmeyer knew, based on Vista's track record of retaining management teams of the companies it acquires, that if Vista took MINDBODY private, it would continue to employ Stollmeyer after the transaction closed, and allow him to retain a significant equity interest in the private company. The Board correctly and immediately recognized senior management's conflicts and formed a three-member transaction committee of non-management directors on October 30, 2018 that purposefully excluded Stollmeyer. However, the Transaction Committee's authority was limited to recommending a financial advisor. Moreover, the Transaction Committee allowed Stollmeyer and senior management to direct the sale process. For example, the Transaction Committee instructed Stollmeyer to contact Qatalyst and one other potential advisor. The Proxy does not indicate who recommended Qatalyst, which had no prior relationship with MINDBODY, but had done multiple transactions involving Vista. Vista suggested Qatalyst to Stollmeyer who suggested Qatalyst to the Transaction Committee and MINDBODY Board. The Proxy states that on November 14, 2018, the Transaction Committee and certain undisclosed members of the Board authorized MINDBODY to engage Qatalyst. However, the Transaction Committee was not empowered to retain a financial advisor and the Proxy acknowledges that it was a meeting of the Committee, not the Board. Then, management, and not the Transaction Committee, met with Qatalyst and decided which potential bidders to contact. As a condition of Vista's execution of the Merger Agreement, Stollmeyer and IVP, a late stage investment capital and venture firm that first invested in MINDBODY in 2012, executed irrevocable proxies directing the holder to vote all MINDBODY shares they beneficially owned in favor of the Merger, constituting approximately 32.1% of MINDBODY's outstanding voting power and 6.6% of MINDBODY's total outstanding shares. Vista's desire for a voting and support agreement, the links between the Irrevocable Proxies and the Merger Agreement, and the terms of the Irrevocable Proxies that go beyond a proxy that merely enables Stollmeyer and IVP to vote their shares, demonstrate that a transfer of the Class B shares of Stollmeyer and IVP occurred, which automatically converted those shares into Class A shares pursuant to the Certificate. The Irrevocable Proxies are a share lock-up that, combined with termination fees and other defensive measures, effectively precludes alternative bids. At the time IVP executed its Irrevocable Proxy, it was ripe for liquidating its MINDBODY investment for which it had a three-to-five-year investment horizon. The Merger would provide a liquidation event, from which IVP would receive more than $96 million on its $21.4 million investment. However, the Proxy does not disclose IVP's desire to exit its MINDBODY investment. When Vista and MINDBODY jointly announced the Merger, Vista announced that it "look[ed] forward to partnering with Rick and the entire MINDBODY team" A week later, Stollmeyer sent a letter to employees, in which he wrote that he was "excited to continue serving and all of you for years to come," and that "Vista has committed to keeping our pay and benefits unchanged for at least a year." However, on January 23, 2019, MINDBODY issued the Proxy, which states that Vista and management have no agreements concerning post-Merger employment or compensation. This is patently inconsistent with the Joint Press Release and Employee Letter. The Defendants are rushing to complete the Merger. A preliminary proxy statement was filed on January 9, 2019, just 17 days after the December 23, 2018 Merger Agreement was signed, and the definitive Proxy was issued just two weeks later on January 23, 2019 for a special stockholders meeting on February 14, 2019. The conditions to the closing of the Merger have been or will be accepted on or shortly after February 14, 2019 and the parties intend to close the Merger on or shortly after February 14. The Defendant is a Delaware corporation headquartered in San Luis Obispo, California. The company operates a cloud-based business management software and payments platform for small and medium-sized businesses in the wellness services industry.[BN] Attorneys for Plaintiffs: Michael Hanrahan, Esq. Paul A. Fioravanti, Jr., Esq. Kevin H. Davenport, Esq. Eric J. Juray, Esq. Jason W. Rigby, Esq. PRICKETT, JONES & ELLIOTT, P.A. 1310 N. King Street Wilmington, Delaware 19801 Telephone: (302) 888-6500 - and - Lee D. Rudy, Esq. J. Daniel Albert, Esq. Stacey A. Greenspan, Esq. KESSLER TOPAZ MELTZER & CHECK, LLP 280 King of Prussia Road Radnor, PA 19087 Telephone: (610) 667-7706 - and - Michael Hanrahan, Esq. Paul A. Fioravanti, Jr., Esq. Kevin H. Davenport, Esq. Eric J. Juray, Esq. Jason W. Rigby, Esq. PRICKETT, JONES & ELLIOTT, P.A. 1310 N. King Street Wilmington, Delaware 19801 Telephone: (302) 888-6500 - and - Brian Schall, Esq. SCHALL LAW FIRM 1880 Century Park East Los Angeles, CA 90067 Telephone: (424) 303-1964 MONSANTO COMPANY: Aldisons Sue over Sale of Herbicide Roundup ------------------------------------------------------------- JAMES T. ALDISON III and KATHY ALDISON, the Plaintiffs, v. MONSANTO COMPANY, the Defendant, Case No. 4:19-cv-00121 (E.D. Mo., Jan. 29, 2019), seeks to recover damages suffered by the Plaintiff, as a direct and proximate result of the Defendant's negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, advertising, distribution, labeling, and/or sale of the herbicide Roundup (TM), containing the active ingredient glyphosate. The Plaintiffs say that Roundup (TM) and/or glyphosate is defective, dangerous to human health, unfit and unsuitable to be marketed and sold in commerce, and lacked proper warnings and directions as to the dangers associated with its use. The Plaintiffs' injuries, like those striking thousands of similarly situated victims across the country, were avoidable. The Plaintiffs bring this action for personal injuries sustained by exposure to Roundup (TM), which contains the active ingredient glyphosate and the surfactant polyethoxylated tallow amine (POEA). As a direct and proximate result of being exposed to Roundup, the Plaintiff developed diffuse Non-Hodgkin's Lymphoma. Roundup refers to all formulations of the Defendant's Roundup products, including, but not limited to, Roundup Concentrate Poison Ivy and Tough Brush Killer 1, Roundup Custom Herbicide, Roundup D-Pak Herbicide, Roundup Dry Concentrate, Roundup Export Herbicide, Roundup Fence & Hard Edger 1, Roundup Garden Foam Weed & Grass Killer, Roundup Grass and Weed Killer, Roundup Herbicide, Roundup Original 2k Herbicide, Roundup Original II Herbicide, Roundup Pro Concentrate, Roundup Pro Dry Herbicide, and Roundup Promax.[BN] The Plaintiff is represented by: Seth S. Webb, Esq. BROWN & CROUPPEN, P.C. 211 North Broadway, Suite 1600 St. Louis, MO 63102 Telephone: (314) 222-2222 Facsimile: (314) 421-0359 E-mail: sethw@getbc.com MONSANTO COMPANY: Anthonys Sue over Sale of Herbicide Roundup ------------------------------------------------------------- DAVID ANTHONY and MARY M. ANTHONY, the Plaintiffs, v. MONSANTO COMPANY, the Defendant, Case No. 4:19-cv-00124 (E.D. Mo., Jan. 29, 2019), seeks to recover damages suffered by the Plaintiff, as a direct and proximate result of the Defendant's negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, advertising, distribution, labeling, and/or sale of the herbicide Roundup (TM), containing the active ingredient glyphosate. The Plaintiffs say that Roundup (TM) and/or glyphosate is defective, dangerous to human health, unfit and unsuitable to be marketed and sold in commerce, and lacked proper warnings and directions as to the dangers associated with its use. The Plaintiffs' injuries, like those striking thousands of similarly situated victims across the country, were avoidable. The Plaintiffs bring this action for personal injuries sustained by exposure to Roundup (TM), which contains the active ingredient glyphosate and the surfactant polyethoxylated tallow amine (POEA). As a direct and proximate result of being exposed to Roundup, the Plaintiff developed diffuse Non-Hodgkin's Lymphoma. Roundup refers to all formulations of the Defendant's Roundup products, including, but not limited to, Roundup Concentrate Poison Ivy and Tough Brush Killer 1, Roundup Custom Herbicide, Roundup D-Pak Herbicide, Roundup Dry Concentrate, Roundup Export Herbicide, Roundup Fence & Hard Edger 1, Roundup Garden Foam Weed & Grass Killer, Roundup Grass and Weed Killer, Roundup Herbicide, Roundup Original 2k Herbicide, Roundup Original II Herbicide, Roundup Pro Concentrate, Roundup Pro Dry Herbicide, and Roundup Promax.[BN] The Plaintiff is represented by: Seth S. Webb, Esq. BROWN & CROUPPEN, P.C. 211 North Broadway, Suite 1600 St. Louis, MO 63102 Telephone: (314) 222-2222 Facsimile: (314) 421-0359 E-mail: sethw@getbc.com MONSANTO COMPANY: Brown Sues over Sale of Herbicide Roundup ----------------------------------------------------------- PAUL ALLEN BROWN, the Plaintiffs, v. MONSANTO COMPANY, the Defendant, Case No. 4:19-cv-00130 (E.D. Mo., Jan. 29, 2019), seeks to recover damages suffered by the Plaintiff, as a direct and proximate result of the Defendant's negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, advertising, distribution, labeling, and/or sale of the herbicide Roundup (TM), containing the active ingredient glyphosate. The Plaintiffs say that Roundup (TM) and/or glyphosate is defective, dangerous to human health, unfit and unsuitable to be marketed and sold in commerce, and lacked proper warnings and directions as to the dangers associated with its use. The Plaintiffs' injuries, like those striking thousands of similarly situated victims across the country, were avoidable. The Plaintiffs bring this action for personal injuries sustained by exposure to Roundup (TM), which contains the active ingredient glyphosate and the surfactant polyethoxylated tallow amine (POEA). As a direct and proximate result of being exposed to Roundup, the Plaintiff developed diffuse Non-Hodgkin's Lymphoma. Roundup refers to all formulations of the Defendant's Roundup products, including, but not limited to, Roundup Concentrate Poison Ivy and Tough Brush Killer 1, Roundup Custom Herbicide, Roundup D-Pak Herbicide, Roundup Dry Concentrate, Roundup Export Herbicide, Roundup Fence & Hard Edger 1, Roundup Garden Foam Weed & Grass Killer, Roundup Grass and Weed Killer, Roundup Herbicide, Roundup Original 2k Herbicide, Roundup Original II Herbicide, Roundup Pro Concentrate, Roundup Pro Dry Herbicide, and Roundup Promax.[BN] The Plaintiff is represented by: Seth S. Webb, Esq. BROWN & CROUPPEN, P.C. 211 North Broadway, Suite 1600 St. Louis, MO 63102 Telephone: (314) 222-2222 Facsimile: (314) 421-0359 E-mail: sethw@getbc.com MONSANTO COMPANY: Colombaras Sue over Sale of Herbicide Roundup --------------------------------------------------------------- THOMAS COLOMBARA AND CYNTHIA COLOMBARA, the Plaintiffs, v. MONSANTO COMPANY, the Defendant, Case No. 4:19-cv-00132 (E.D. Mo., Jan. 29, 2019), seeks to recover damages suffered by the Plaintiff, as a direct and proximate result of the Defendant's negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, advertising, distribution, labeling, and/or sale of the herbicide Roundup (TM), containing the active ingredient glyphosate. The Plaintiffs say that Roundup (TM) and/or glyphosate is defective, dangerous to human health, unfit and unsuitable to be marketed and sold in commerce, and lacked proper warnings and directions as to the dangers associated with its use. The Plaintiffs' injuries, like those striking thousands of similarly situated victims across the country, were avoidable. The Plaintiffs bring this action for personal injuries sustained by exposure to Roundup (TM), which contains the active ingredient glyphosate and the surfactant polyethoxylated tallow amine (POEA). As a direct and proximate result of being exposed to Roundup, the Plaintiff developed diffuse Non-Hodgkin's Lymphoma. Roundup refers to all formulations of the Defendant's Roundup products, including, but not limited to, Roundup Concentrate Poison Ivy and Tough Brush Killer 1, Roundup Custom Herbicide, Roundup D-Pak Herbicide, Roundup Dry Concentrate, Roundup Export Herbicide, Roundup Fence & Hard Edger 1, Roundup Garden Foam Weed & Grass Killer, Roundup Grass and Weed Killer, Roundup Herbicide, Roundup Original 2k Herbicide, Roundup Original II Herbicide, Roundup Pro Concentrate, Roundup Pro Dry Herbicide, and Roundup Promax.[BN] The Plaintiffs are represented by: Seth S. Webb, Esq. BROWN & CROUPPEN, P.C. 211 North Broadway, Suite 1600 St. Louis, MO 63102 Telephone: (314) 222-2222 Facsimile: (314) 421-0359 E-mail: sethw@getbc.com MONSANTO COMPANY: Hanses Sue over Sale of Herbicide Roundup ----------------------------------------------------------- GEORGE W. HANS and MARGARET P. HANS, the Plaintiffs, v. MONSANTO COMPANY, the Defendant, Case No. 4:19-cv-00127 (E.D. Mo., Jan. 29, 2019), seeks to recover damages suffered by the Plaintiff, as a direct and proximate result of the Defendant's negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, advertising, distribution, labeling, and/or sale of the herbicide Roundup (TM), containing the active ingredient glyphosate. The Plaintiffs say that Roundup (TM) and/or glyphosate is defective, dangerous to human health, unfit and unsuitable to be marketed and sold in commerce, and lacked proper warnings and directions as to the dangers associated with its use. The Plaintiffs' injuries, like those striking thousands of similarly situated victims across the country, were avoidable. The Plaintiffs bring this action for personal injuries sustained by exposure to Roundup (TM), which contains the active ingredient glyphosate and the surfactant polyethoxylated tallow amine (POEA). As a direct and proximate result of being exposed to Roundup, the Plaintiff developed diffuse Non-Hodgkin's Lymphoma. Roundup refers to all formulations of the Defendant's Roundup products, including, but not limited to, Roundup Concentrate Poison Ivy and Tough Brush Killer 1, Roundup Custom Herbicide, Roundup D-Pak Herbicide, Roundup Dry Concentrate, Roundup Export Herbicide, Roundup Fence & Hard Edger 1, Roundup Garden Foam Weed & Grass Killer, Roundup Grass and Weed Killer, Roundup Herbicide, Roundup Original 2k Herbicide, Roundup Original II Herbicide, Roundup Pro Concentrate, Roundup Pro Dry Herbicide, and Roundup Promax.[BN] The Plaintiffs are represented by: Seth S. Webb, Esq. BROWN & CROUPPEN, P.C. 211 North Broadway, Suite 1600 St. Louis, MO 63102 Telephone: (314) 222-2222 Facsimile: (314) 421-0359 E-mail: sethw@getbc.com MORPHE LLC: Conner Files Suit Under Disabilities Act in NY ---------------------------------------------------------- Morphe, LLC is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled as Mary Conner, individually and as the representative of a class of similarly situated persons, Plaintiff v. Morphe, LLC, Defendant, Case No. 1:19-cv-00955 (S.D. N.Y., January 31, 2019). Morphe, LLC manufactures beauty care products. The Company offers lipstick, brushes, makeup removers, pressed pigments, gel liners, concealers, powders, lashes, beauty sponges, tweezers, and scissors. Morphe serves customers worldwide.[BN] The Plaintiff is represented by: Dan Shaked, Esq. Shaked Law Group P.C. 44 Court Street, Suite 1217 Brooklyn, NY 11201 Tel: (917) 373-9128 Fax: (718) 504-7555 Email: shakedlawgroup@gmail.com NATIONAL COLLEGIATE: Davis-Moab Files Class Action Over Injuries ---------------------------------------------------------------- RODNE DAVIS-MOAB, individually and on behalf of all others similarly situated v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Case No. 1:19-cv-00432-RLY-MPB (S.D. Ind., January 28, 2019), is brought to obtain redress for injuries sustained a result of the Defendant's alleged reckless disregard for the health and safety of generations of Delta State University student-athletes. As a direct result of the Defendant's acts and omissions, the Plaintiff and countless former DSU football players suffered brain and other neurocognitive injuries from playing NCAA football, the Plaintiff alleges. As such, the Plaintiff brings this Class Action Complaint in order to vindicate those players' rights and hold the NCAA accountable. NCAA is an unincorporated association with its principal place of business located in Indianapolis, Indiana. NCAA is not organized under the laws of any State, but is registered as a tax-exempt organization with the Internal Revenue Service. The NCAA is the governing body of collegiate athletics that oversees 23 college sports and over 400,000 students, who participate in intercollegiate athletics, including the football program at BSU. According to the NCAA, more than 1,200 schools, conferences and affiliate organizations collectively invest in improving the experiences of athletes -- on the field, in the classroom, and in life.[BN] The Plaintiff is represented by: Jeff Raizner, Esq. RAIZNER SLANIA LLP 2402 Dunlavy Street Houston, TX 77006 Telephone: (713) 554-9099 Facsimile: (713) 554-9098 E-mail: jraizner@raiznerlaw.com - and - Jay Edelson, Esq. Benjamin H. Richman, Esq. EDELSON PC 350 North LaSalle Street, 14th Floor Chicago, IL 60654 Telephone: (312) 589-6370 Facsimile: (312) 589-6378 E-mail: jedelson@edelson.com brichman@edelson.com - and - Rafey S. Balabanian, Esq. EDELSON PC 123 Townsend Street, Suite 100 San Francisco, CA 94107 Telephone: (415) 212-9300 Facsimile: (415) 373-9435 E-mail: rbalabanian@edelson.com NATIONAL COLLEGIATE: Delts Seeks Redress for Athletes' Injuries --------------------------------------------------------------- DAMIEN DELTS, individually and on behalf of all others similarly situated v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, and ROBERT MORRIS UNIVERSITY, Case No. 1:19-cv-00421-JMS-TAB (S.D. Ind., January 28, 2019), wants to obtain redress for injuries sustained as a result of the Defendants' alleged reckless disregard for the health and safety of generations of RMU student-athletes. As a direct result of Defendants' acts and omissions, the Plaintiff and countless former RMU football players suffered and continue to suffer brain and other neurocognitive injuries, the Plaintiff contends. As such, the Plaintiff brings this Class Action Complaint in order to vindicate those players' rights and hold the NCAA and RMU accountable. NCAA is an unincorporated association with its principal place of business located in Indianapolis, Indiana. NCAA is not organized under the laws of any State, but is registered as a tax-exempt organization with the Internal Revenue Service. The NCAA is the governing body of collegiate athletics that oversees 23 college sports and over 400,000 students, who participate in intercollegiate athletics, including the football program at BSU. According to the NCAA, more than 1,200 schools, conferences and affiliate organizations collectively invest in improving the experiences of athletes -- on the field, in the classroom, and in life. Robert Morris University is a private university located at 6001 University Boulevard, in Moon Township, Pennsylvania.[BN] The Plaintiff is represented by: Jeff Raizner, Esq. RAIZNER SLANIA LLP 2402 Dunlavy Street Houston, TX 77006 Telephone: (713) 554-9099 Facsimile: (713) 554-9098 E-mail: jraizner@raiznerlaw.com - and - Jay Edelson, Esq. Benjamin H. Richman, Esq. EDELSON PC 350 North LaSalle Street, 14th Floor Chicago, IL 60654 Telephone: (312) 589-6370 Facsimile: (312) 589-6378 E-mail: jedelson@edelson.com brichman@edelson.com - and - Rafey S. Balabanian, Esq. EDELSON PC 123 Townsend Street, Suite 100 San Francisco, CA 94107 Telephone: (415) 212-9300 Facsimile: (415) 373-9435 E-mail: rbalabanian@edelson.com NCAA: David Sunday Sues over Curry College Student-Athletes' Safety ------------------------------------------------------------------- DAVID SUNDAY, individually and on behalf of all others similarly situated, the Plaintiff, vs. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, and CURRY COLLEGE, the Defendants, Case No. 1:19-cv-00422-JMS-DLP (S.D. Ind. Jan. 28, 2019), seeks redress for injuries sustained a result of Defendant's reckless disregard for the health and safety of generations of Curry College ("Curry") student-athletes. According to the complaint, nearly 100,000 student-athletes sign up to compete in college football each year, and it's no surprise why. Football is America's sport and Plaintiff and a Class of football players were raised to live and breathe the game. During football season, there are entire days of the week that millions of Americans dedicate to watching the game. On game days, hundreds of thousands of fans fill stadium seats and even more watch around the world. Before each game, these players -- often mere teenagers -- are riled up and told to do whatever it takes to win and, when playing, are motivated to do whatever it takes to keep going. But up until 2010, NCAA kept players and the public in the dark about an epidemic that was slowly killing college athletes. During the course of a college football season, athletes absorb more than 1,000 impacts greater than 10 Gs (gravitational force) and, worse yet, the majority of football-related hits to the head exceed 20 Gs, with some approaching 100 Gs. To put this in perspective, if you drove your car into a wall at 25 miles per hour and weren't wearing a seatbelt, the force of you hitting the windshield would be around 100 Gs. Thus, each season these 18, 19, 20, and 21-year-old student-athletes are subjected to repeated car accidents. Over time, the repetitive and violent impacts to players' heads led to repeated concussions that severely increased their risks of long-term brain injuries, including memory loss, dementia, depression, Chronic Traumatic Encephalopathy ("CTE"), Parkinson's disease, and other related symptoms. Meaning, long after they played their last game, they are left with a series of neurological events that could slowly strangle their brains. For decades, NCAA knew about the debilitating long-term dangers of concussions, concussion-related injuries, and sub-concussive injuries (referred to as "traumatic brain injuries" or "TBIs") that resulted from playing college football, but recklessly disregarded this information to protect the very profitable business of "amateur" college football. While in school, Curry football players were under Defendant's care. Unfortunately, Defendant did not care about the off-field consequences that would haunt students for the rest of their lives. Despite knowing for decades of a vast body of scientific research describing the danger of traumatic brain injuries ("TBIs") like those Plaintiff experienced, Defendant failed to implement adequate procedures to protect Plaintiff and other Curry football players from the long-term dangers associated with them. They did so knowingly and for profit. As a direct result of Defendant's acts and omissions, Plaintiff and countless former Curry football players suffered brain and other neurocognitive injuries from playing NCAA football. As such, Plaintiff brings this Class Action Complaint in order to vindicate those players' rights and hold the NCAA accountable, the lawsuit says. NCAA is a non-profit organization which regulates athletes of 1,268 North American institutions and conferences.[BN] Counsel for Plaintiff and the Putative Class: Jeff Raizner, Esq. RAIZNER SLANIA LLP 2402 Dunlavy Street Houston, TX 77006 Telephone: (713) 554 9099 Facsimile: (713) 554 9098 E-mail: efile@raiznerlaw.com - and - Jay Edelson, Esq. Benjamin H. Richman, Esq. Rafey S. Balabanian, Esq. EDELSON PC 350 North LaSalle Street, 14th Floor Chicago, IL 60654 Telephone: (312) 589 6370 Facsimile: (312) 589 6378 E-mail: rbalabanian@edelson.com jedelson@edelson.com brichman@edelson.com NCAA: Wilson Sues over Health Issues of WVU Student-Athletes ------------------------------------------------------------ QUINCY WILSON, individually and on behalf of all others similarly situated, the Plaintiff, vs. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, the Defendant, Case No. 1:19-cv-00431-JMS-MJD (S.D. Ind. Jan. 28, 2019), seeks redress for injuries sustained a result of Defendant's reckless disregard for the health and safety of generations of West Virginia University (WVU) student-athletes. According to the complaint, nearly 100,000 student-athletes sign up to compete in college football each year, and it's no surprise why. Football is America's sport and Plaintiff and a Class of football players were raised to live and breathe the game. During football season, there are entire days of the week that millions of Americans dedicate to watching the game. On game days, hundreds of thousands of fans fill stadium seats and even more watch around the world. Before each game, these players -- often mere teenagers -- are riled up and told to do whatever it takes to win and, when playing, are motivated to do whatever it takes to keep going. But up until 2010, NCAA kept players and the public in the dark about an epidemic that was slowly killing college athletes. During the course of a college football season, athletes absorb more than 1,000 impacts greater than 10 Gs (gravitational force) and, worse yet, the majority of football-related hits to the head exceed 20 Gs, with some approaching 100 Gs. To put this in perspective, if you drove your car into a wall at 25 miles per hour and weren't wearing a seatbelt, the force of you hitting the windshield would be around 100 Gs. Thus, each season these 18, 19, 20, and 21-year-old student-athletes are subjected to repeated car accidents. Over time, the repetitive and violent impacts to players' heads led to repeated concussions that severely increased their risks of long-term brain injuries, including memory loss, dementia, depression, Chronic Traumatic Encephalopathy ("CTE"), Parkinson's disease, and other related symptoms. Meaning, long after they played their last game, they are left with a series of neurological events that could slowly strangle their brains. For decades, NCAA knew about the debilitating long-term dangers of concussions, concussion-related injuries, and sub-concussive injuries (referred to as "traumatic brain injuries" or "TBIs") that resulted from playing college football, but recklessly disregarded this information to protect the very profitable business of "amateur" college football. While in school, WVU football players were under Defendant's care. Unfortunately, Defendant did not care about the off-field consequences that would haunt students for the rest of their lives. Despite knowing for decades of a vast body of scientific research describing the danger of traumatic brain injuries ("TBIs") like those Plaintiff experienced, Defendant failed to implement adequate procedures to protect Plaintiff and other WVU football players from the long-term dangers associated with them. They did so knowingly and for profit. As a direct result of Defendant's acts and omissions, Plaintiff and countless former WVU football players suffered brain and other neurocognitive injuries from playing NCAA football. As such, Plaintiff brings this Class Action Complaint in order to vindicate those players' rights and hold the NCAA accountable, the lawsuit says. NCAA is a non-profit organization which regulates athletes of 1,268 North American institutions and conferences.[BN] Counsel for Plaintiff and the Putative Class: Jeff Raizner, Esq. RAIZNER SLANIA LLP 2402 Dunlavy Street Houston, TX 77006 Telephone: (713) 554 9099 Facsimile: (713) 554 9098 E-mail: efile@raiznerlaw.com - and - Jay Edelson, Esq. Benjamin H. Richman, Esq. Rafey S. Balabanian, Esq. EDELSON PC 350 North LaSalle Street, 14th Floor Chicago, IL 60654 Telephone: (312) 589 6370 Facsimile: (312) 589 6378 E-mail: rbalabanian@edelson.com jedelson@edelson.com brichman@edelson.com NEWEGG INC: Violates Disabilities Act, Martinez Suit Asserts ------------------------------------------------------------- Newegg Inc. is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled Pedro Martinez, individually and as the representative of a class of similarly situated persons, Plaintiff v. Newegg Inc., Defendant, Case No. 1:19-cv-00622 (E.D. N.Y., January 31, 2019). Newegg Inc. owns and operates Newegg.com, an online retail place for electronic products in the United States. The company offers computer hardware products, computers and tablets, electronic products, software, gaming products, cell phones and accessories, home appliances, home living and improvement products, health and beauty products, automotive and industrial products, outdoor and garden supplies, office and point of sale products, sporting goods, watches and jewelry, apparel and accessories, toys, baby and pet products, and more.[BN] The Plaintiff is represented by: Dan Shaked, Esq. Shaked Law Group P.C. 44 Court Street, Suite 1217 Brooklyn, NY 11201 Tel: (917) 373-9128 Fax: (718) 504-7555 Email: shakedlawgroup@gmail.com NOVA DENTAL: Has Made Unsolicited Calls, Sweeney Suit Claims ------------------------------------------------------------ BRENDAN A. SWEENEY, individually and on behalf of all others similarly situated, Plaintiff v. NOVA DENTAL INC., Defendant, Case No. 0:19-cv-60179-BB (S.D. Fla., Jan. 20, 2019) seeks to stop the Defendants' practice of making unsolicited calls. Nova Dental Inc. is a Florida corporation providing dental services. [BN] The Plaintiff is represented by: Manuel S. Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Boulevard, Suite 1400 Ft. Lauderdale, FL 33301 Telephone: (954) 400-4713 E-mail: mhiraldo@hiraldolaw.com - and - Michael Eisenband, Esq. EISENBAND LAW, P.A. 515 E. Las Olas Boulevard, Suite 120 Ft. Lauderdale, FL 33301 Telephone: (954) 533-4092 E-mail: MEisenband@Eisenbandlaw.com NUSRET MIAMI: Fails to Pay Proper Wages, Compere Suit Alleges ------------------------------------------------------------- MELISSA COMPERE, individually and on behalf of all others similarly situated, Plaintiff v. NUSRET MIAMI, LLC d/b/a NUSRET STEAKHOUSE; and NUSRET GOKCE, Defendants, Case No. 1:19-cv-20277-KMM (S.D. Fla., Jan. 18, 2019) seeks to recover from the Defendants unpaid minimum wage compensation, unpaid overtime wage compensation, liquidated damages, return of tips wrongfully taken, and other relief under the Fair Labor Standards Act. The Plaintiff Compere was employed by the Defendants as an hourly, non-exempt employee. Nusret Miami, LLC d/b/a Nusret Steakhouse is a Florida limited liability company owning and operating a restaurant. [BN] The Plaintiff is represented by: Robert W. Brock II, Esq. LAW OFFICE OF LOWELL J. KUVIN 17 East Flagler Street, Suite 223 Miami, FL 33131 Telephone: (305) 358-6800 Facsimile: (305) 358-6808 E-mail: robert@kuvinlaw.com legal@kuvinlaw.com OTIS ELEVATOR: Gorss' Bid to Certify Class Taken Under Advisement ----------------------------------------------------------------- In a courtroom minutes entered in the lawsuit titled Gorss Motels Inc. v. Otis Elevator Company, et al., Case No. 3:16-cv-01781-KAD (D. Conn.), the Hon. Kari A. Dooley took under advisement these motions: * Motion for Summary Judgment; and * Motion for Class Certification.[CC] The Plaintiff is represented by: Ryan Michael Kelly, Esq. ANDERSON + WANCA 3701 Algonquin Rd., Suite 500 Rolling Meadows, IL 60008 Telephone: (847) 368-1500 E-mail: rkelly@andersonwanca.com The Defendants are represented by: Becca J. Wahlquist, Esq. SNELL & WILMER L.L.P. City National 2CAL 350 South Grand Avenue, Suite 3100 Los Angeles, CA 90071-3420 Telephone: (213) 929-2544 E-mail: bwahlquist@swlaw.com - and - Jeffrey J. White, Esq. ROBINSON & COLE, LLP 280 Trumbull Street Hartford, CT 06103 Telephone: (860) 275-8252 Facsimile: (860) 275-8299 E-mail: jwhite@rc.com OWLET BABY: Ruiz et al. Sue over Deceptive Smart Sock Baby Monitors ------------------------------------------------------------------- A case, AMANDA RUIZ and MARISELA ARREOLA, individually, and on behalf of a class of similarly situated individuals, the Plaintiffs, vs. OWLET BABY CARE, INC., a Delaware corporation, the Defendant, Case No. 5:19-cv-00182-DDP-SP (C.D. Cal., Jan. 29, 2019), alleges unlawful, false, misleading, and deceptive marketing and advertising practices used by Owlet in selling, directly and indirectly, Smart Sock baby monitors to consumers. The Plaintiffs bring this action for themselves and on behalf of all persons in the United States who, at any time in the last four years prior to the filing of this complaint, purchased an Owlet Smart Sock or Owlet Smart Sock baby monitor designed, manufactured, marketed, distributed, sold, and warranted by Owlet Baby Care, Inc. The Smart Sock gives false alarms and causes parents to rush their 12 babies to the hospital, believing them to be grievously ill. Owlet has had knowledge about this defect and has referred to it as "false alarm fatigue." Conversely, the Smart Sock also regularly fails to detect abnormal oxygen levels and heart rates -- the exact purpose for which it was designed and advertised. Owlet failed to disclose this material information to consumers prior to sale and actively concealed its knowledge of these defects to the purchasing public. Released in October 2015, Owlet's Smart Sock differs greatly from traditional baby monitors available to consumers. Rather than providing a simple visual and audio system for parents to monitor their babies from another room, the Smart Sock "is designed to provide continuous monitoring of vital signs [oxygen saturation and heart rate] in newborns via a sensor-embedded sock during their sleep in home settings." Notably, the Smart Sock has no visual or audio capabilities, so parents must also purchase a traditional baby monitor to actually "Initial Experience and Usage Patterns With the Owlet Smart Sock Monitor in 47,495 Newborns," Global Pediatric Health Journal, Dec. 4, 2017, available at https://journals.sagepub.com/doi/full/10.1177/2333794X17742751 (last visited Jan. 24, 2019). According to the complaint, Owlet touts: "Babies don't come with an instruction manual, so Owlet will make you this promise -- we promise to give you peace of mind." "Creating accurate and reliable products empower parents with insights into the health and well-being of their infant in the home." These are just a few of Owlet's marketing mantras that successfully lure young parents into reasonably believing that the Smart Sock "provides superior technology and peace of mind for parents" and, most importantly, will perform as advertised. Owlet's own study published in December 2017 found that a parental desire to know more about their child as well as a feeling of peace of mind accounted for 75% of the reasons to own the [Owlet Smart Sock]." Owlet is fully aware that consumers rely on the representations of Owlet when deciding to purchase, for a hefty premium, the Owlet Smart Sock over other baby monitors. Owlet has certainly capitalized on that reliance; or as one Forbes journalist described, in an Oct. 2017 article aptly titled Owlet's Smart Sock Makes Millions Selling Parents Peace of Mind, by "[t]argeting anxious, tech-savvy Millennial parents, Owlet has sold almost 150,000 Smart Socks, now priced at $299, producing $19 million in revenue last year, and it's projecting as much as $30 million this year." However, the Owlet Smart Sock's high sales volume can arguably be equally attributed to the information it advertises as well as the information it does not disclose to consumers; i.e., the Smart Sock's frequent and unnerving false alarms, inaccurate readings, and complete failure to detect and alert to abnormal oxygen levels and heart rates, the exact purpose for which it was designed and advertised. Early adopters took to Owlet's website to voice their disappointment and frustration. As a result of their reliance on Defendant's omissions, consumers, including Plaintiffs, have suffered an ascertainable loss of money, including, but not limited to, out of pocket costs incurred in purchasing the overvalued Owlet Smart Sock. Further, as a result of its deceptive marketing and unfair competition with other similar manufacturers and brands, Owlet realized sizable profits, the lawsuit says. Owlet designs, produces, manufactures, markets, distributes, and sells Smart Socks nationwide and throughout California.[BN] Attorneys for Plaintiffs: Mark A. Ozzello, Esq. Tarek H. Zohdy, Esq. Cody R. Padgett, Esq. Trisha K. Monesi, Esq. CAPSTONE LAW APC 1875 Century Park East, Suite 1000 Los Angeles, CA 90067 Telephone: (310) 556-4811 Facsimile: (310) 943-0396 E-mail: Mark.Ozzello@capstonelawyers.com Tarek.Zohdy@capstonelawyers.com Cody.Padgett@capstonelawyers.com Trisha.Monesi@capstonelawyers.com PERSONNEL STAFFING: Court Moves Hearing on Haack's Class Cert Bid ----------------------------------------------------------------- The Honorable Ronald A. Guzman rules that the status hearing and motion hearing as to the Plaintiffs' motion to certify class filed in the lawsuit titled Roman Haack, et al. v. Personnel Staffing LLC, et al., Case No. 1:17-cv-02854 (N.D. Ill.), which were set for January 30, 2019, are stricken. The hearing was reset to February 6, 2019, at 9:30 a.m., due to Unexpected Court Closure.[CC] PG&E CORP: Rickaby Sues over November Camp Fire ----------------------------------------------- A case, STAN RICKABY, individually, and on behalf of similarly situated Concow, California landowners; and RICKABY FIRE SUPPORT, LLC, the Plaintiffs, vs. PG&E CORPORATION; PACIFIC GAS & ELECTRIC COMPANY; and DOES 1 through 25, inclusive, the Defendants, Case No. CGC-19-573256 (Cal. Super. Ct., Jan. 28, 2019), seeks damages to personal property, lost profits, and lost land value due to the destruction of Plaintiffs' community and its natural environment by a camp fire in November of last year. According to the complaint, the Camp Fire resulted from PG&E's longstanding corporate culture, which expresses an attitude that places stockholder dividends and employee comforts, bonuses, and perks over public safety. PG&E's disregard for safety regulations and risk management practices, along with its systemic failure to design, maintain, and update its facilities and equipment, produced this avoidable disaster. The fire resulted from unsafe electrical infrastructure owned, operated and negligently maintained by Defendants. The fire ignited in Butte County on November 8, 2018 at approximately 6 a.m., in the narrow, descending, windswept Feather River Canyon, very near a PG&E tower located on a hill just above Poe Dam. Typically, the wind flows up the canyon in the early morning, then changes direction and flows more rapidly down the canyon. The descending wind grew very strong that morning. Down the descending canyon from the ignition point, the canyon turns southeast, to the left. Then, along the northwest rim of the canyon, there is a low gap. The wind drove the fire down into the curving northwest mountains so the flames burst through the gap like a bullet shot out of a gun barrel, headed straight for Con cow. So focused was the driven, blast furnace-like wall of flame that the aerial view displays a perfect, narrow rectangle, like a bullet of fire, headed for Concow. The wall of flame moved faster than an automobile. As the flames reached the eastern border of the town, Stan Rickaby saw a young man running downhill, as fast as he could, from the flames. The flames overtook him and burned him to death. Over 150,000 residents have been displaced from their homes. The town of Concow was hit early and in the direct path of the fire by the fastest blowing flames, resulting in almost complete destruction of the community, the lawsuit says.[BN] Attorney for Plaintiffs and the Plaintiff Class: Larry A. Peluso, Esq. PELUSO LAW GROUP, PC P.O. Box 1971 Newport Beach, CA 92659 Telephone: 949 395 0092 Facsimile: 310-593 1821 E-mail: pelusolaw@gmail.com PIZZA STOP: Garcia Espindola Sues Over Unpaid Overtime Wages ------------------------------------------------------------ Cesario Garcia Espindola, individually and on behalf of others similarly situated, Plaintiff, v. Pizza Stop Corp. (d/b/a Pizza Stop), 2166 Frederick Douglass Blvd Corp. (d/b/a Pizza Stop), Bilur Lala, Lenny Doe, David Doe, and Ari Doe, Defendants, Case No. 1:19-cv-01026 (S.D. N.Y., February 1, 2019) seeks unpaid minimum and overtime wages pursuant to the Fair Labor Standards Act of 1938 ("FLSA"), and for violations of the N.Y. Labor Law ("NYLL"), and the "spread of hours" and overtime wage orders of the New York Commissioner of Labor, including applicable liquidated damages, interest, attorneys' fees and costs. The Defendants maintained a policy and practice of requiring Plaintiff Garcia and other employees to work in excess of 40 hours per week without providing the minimum wage and overtime compensation required by federal and state law and regulations, says the complaint. Plaintiff Garcia is a former employee of Defendants. Defendants own, operate, or control two pizzerias, both under the name "Pizza Stop".[BN] The Plaintiff is represented by: Michael Faillace, Esq. MICHAEL FAILLACE &ASSOCIATES, P.C. 60 East 42nd Street, Suite 4510 New York, NY10165 Phone: (212) 317-1200 Facsimile: (212) 317-1620 PLYCEM USA: Smith et al. Sue over Defective Cement Siding --------------------------------------------------------- REBECCA L. SMITH, WALTER A. SMITH, individually and on behalf of all similarly situated individuals, the Plaintiffs, vs. PLYCEM USA, LLC, PLYCEM USA, INC., ELEMENTIA USA, INC., ELEMENTIA, S.A.B. DE C.V., the Defendants, Case No. 3:19-cv-00071-DJH (W.D. Ky., Jan. 28, 2019), is a consumer class action against Defendants on behalf of all persons and entities who own homes, residences or other structures physically located in Kentucky, on which Defendants' Allura fiber cement exterior siding is or was installed. According to the complaint, the Siding on Plaintiffs' and Class Members' homes suffers from an inherent defect resulting in the Siding cracking, splitting, warping and breakage. The cracking, splitting, warping, and breakage create paths for eventual water and moisture intrusion as a result. Despite the Defendants' representations that the Siding meets the applicable standards and building codes for performance and weather resistance, the Siding fails prematurely and is not suitable for use as an exterior building product. However, as a result of the defect in the Siding, the Plaintiffs and Class Members have incurred and will incur thousands of dollars in damages to replace the Siding. In making the Siding, the Defendants allegedly used excessive fly ash as in ingredient that became unevenly distributed throughout the Siding. Instead of fly ash, the Defendants could have used common grain and silica used by other manufacturers of fiber cement siding. Fly ash is a by-product of coal burning power plants and costs less than cement, so its use by Defendants lowered the cost of making the Siding. However, Defendant's decision to use an excessive amount of fly ash resulted in brittleness, porosity problems, and other alleged uniform damages -- none of which are inherent in the better grain and silica sand design formulations. The Defendants learned that the addition of an excessive amount fly ash and/or improper distribution thereof, into its Siding caused brittleness, cracking, splitting, and breakage that creates paths for water intrusion into the home. The Defendants market the Siding as durable, and as offering long-lasting protection for a specified life of 50-years. The Defendants have marketed and represented the Siding is a durable, aesthetically pleasing, and lasting exterior building product, claiming specifically, that the Siding, inter alia, "won't rot, warp or splinter and is designed to significantly outperform wood in every way;" is "Unlike wood, vinyl and other traditional building materials, Allura Fiber Cement products resist damage from hail or termite attacks, resist rot, are non-combustible, and free from manufacturing defects;" and "Combining the appearance and workability of wood with the durability of specially formulated fiber cement, Allura Lap Siding not only looks great but lasts considerably longer than traditional exterior wall cladding or vinyl siding." The Plaintiffs' subcontractor, as well as Class Members' builders and subcontractors, relied on Defendants' representations and marketing in selecting and purchasing the Siding. The Siding has not lived up to Defendants' representations, given the early and severe failure, and given that the Siding requires unexpected maintenance, premature repair, and replacement within the first five years of its service life. All of Defendants' Siding is uniformly defective such that Plaintiffs and Class members' Siding fails before the time periods advertised, marketed, and represented by Defendants, or otherwise expected by ordinary consumers purchasing siding, the lawsuit says. Plycem USA LLC manufactured, advertised, marketed and sold defective Allura fiber cement siding that was installed on Plaintiffs' homes and those of hundreds if not thousands of Class Members in Kentucky. Elementia USA, Inc. manufactured, advertised, marketed and sold defective Allura fiber cement siding that was installed on Plaintiffs' homes and those of thousands of Class Members in Kentucky.[BN] Attorneys for Plaintiffs: Roger N. Braden, Esq. BRADEN HUMFLEET & DEVINE,PLC 7000 Houston Road, Suite 5 Florence, KY 41042 Telephone: (859) 414-0777 Facsimile: (859) 993-0350 - and - Gregory F. Coleman, Esq. Rachel Soffin, Esq. Adam A. Edwards, Esq. GREG COLEMAN LAW PC 800 S. Gay Street, Suite 1100 Knoxville, TN 37929 Telephone: 865 247-0080 Facsimile: 865 522-0049 E-mail: greg@gregcolemanlaw.com rachel@gregcolemanlaw.com adam@gregcolemanlaw.com PONTOON BOAT: Thorne Files Class Action for ADA Violation --------------------------------------------------------- Pontoon Boat, LLC D/B/A Bennington Marine is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled Braulio Thorne and on behalf of all other persons similarly situated, Plaintiff v. Pontoon Boat, LLC D/B/A Bennington Marine, Defendant, Case No. 1:19-cv-00957 (S.D. N.Y., January 31, 2019). Bennington Marine, LLC manufactures various pontoon boats. The company also provides apparel, headwear, and accessories. It offers its products through a network of dealers in the United States, Canada, Australia, Mexico, Europe, and South Africa. The company was founded in 1997 and is based in Elkhart, Indiana.[BN] The Plaintiff is represented by: Jeffrey M. Gottlieb, Esq Jeffrey Michael Gottlieb 150 E. 18 St., Suite PHR New York, NY 10003 Tel: (212) 228-9795 Fax: (212) 982-6284 Email: nyjg@aol.com SABRA DIPPING: Faces Ochoa Labor Suit in Los Angeles ---------------------------------------------------- An employment-related class action lawsuit has been filed against Sabra Dipping Company LLC. The case is captioned as LAURA OCHOA, individually and on behalf of all others similarly situated, Plaintiff v. SABRA DIPPING COMPANY LLC; and SERGIO SANDOVAL, Defendants, Case No. 19STCV01692 (Cal. Super., Los Angeles Cty., Jan. 18, 2019). Sabra Dipping Co., LLC produces and distributes hummus, guacamole, Greek yogurt dips, salsas, and vegetarian sides. It sells its products through grocery stores in the United States and Canada. The company was formerly known as Sabra Blue & White Foods, LLC and changed its name to Sabra Dipping Co., LLC in March 2008. The company was founded in 1986 and is based in White Plains, New York. Sabra Dipping Co., LLC operates as a joint venture between Strauss Fresh Foods Ltd. and Pepsico, Inc. [BN] The Plaintiff is represented by: Raymond Babaian, Esq. 4150 Concours, Suite 260 Ontario, CA 91764 Tel: (909) 677-2270 Fax: (909) 677-2290 https://www.valiantlaw.com/ SANCHEZ OIL & GAS: Hornsby Seeks to Recover Unpaid Overtime Wages ------------------------------------------------------------------ Marshall Hornsby, individually and on behalf of all others similarly situated, Plaintiff, v. Sanchez Oil & Gas Corporation, Defendant, Case No. 5:19-cv-00091 (W.D. Tex., February 1, 2019) seeks to recover unpaid overtime wages and other damages owed under the Fair Labor Standards Act (FLSA). Hornsby, and the other workers like him, were typically scheduled for 12 plus hour shifts, 7 days a week, for weeks at a time, notes the complaint. But SOG did not pay Hornsby or the other workers like him overtime. Instead of paying overtime as required by the FLSA, SOG paid these workers a day rate and improperly classified them as independent contractors, says the complaint. Hornsby worked from approximately February 2016 to October 2018 exclusively for Defendant. Sanchez Oil & Gas Corporation (SOG) is a private company engaged in the management of oil and natural gas properties.[BN] The Plaintiff is represented by: Michael A. Josephson, Esq. Andrew Dunlap, Esq. Richard M. Schreiber, Esq. JOSEPHSON DUNLAP LLP 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Phone: 713-352-1100 Facsimile: 713-352-3300 Email: mjosephson@mybackwages.com adunlap@mybackwages.com rschreiber@mybackwages.com - and - Richard J. (Rex) Burch BRUCKNER BURCH PLLC 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Phone: 713-877-8788 Facsimile: 713-877-8065 Email: rburch@brucknerburch.com SKINFLINTS RESTAURANT: Sanchez Suit Seeks Proper Wages ------------------------------------------------------- Karla Sanchez, on behalf of herself and others similarly situated, Plaintiff, v. Skinflints Restaurant Inc., Defendants, Case No. 501037/2019 (N.Y. Sup., January 15, 2019), seeks to recover unpaid minimum and overtime wages, redress for failure to provide wage notices and wage statements, declaratory and injunctive relief, liquidated damages interest, reasonable attorneys' fees, costs and all other appropriate legal and equitable relief under New York State Labor Law. Skinflints is a restaurant, providing dining services in Kings County where Sanchez worked as a server and hostess from June 2011 to January 2019. Sanchez claims that her only compensation for her work was the tips that she received from patrons. She did not receive an hourly wage, the complaint says. The Plaintiff is represented by: Russell S. Moriarty, Esq. LEVINE & BLIT, PLLC 350 Fifth Avenue, Suite 3601 New York, NY 10118 Tel: (212) 967-3000 Email: RMoriarty@LevineBlit.com ST. LOUIS, MO: Dixon Moves for Certification of Arrestees Class --------------------------------------------------------------- The Plaintiffs in the lawsuit entitled DAVID DIXON, JEFFREY ROZELLE, AARON THURMAN, and RICHARD ROBARDS On behalf of themselves and all others similarly situated v. CITY OF ST. LOUIS, SHERIFF VERNON BETTS, JUDGE ROBIN RANSOM in her official capacity as presiding judge, JUDGE REX BURLISON in his official capacity as interim Presiding Judge, JUDGE ELIZABETH HOGAN in her official capacity as Division 16 Judge and Duty Judge, JUDGE DAVID ROITHER in his official capacity as Division 25 Judge and Duty Judge, JUDGE THOMAS MCCARTHY in his official capacity as Division 26 Judge, COMMISSIONER DALE GLASS in his official capacity as St. Louis Commissioner of Corrections, Case No. 4:19-cv-00112-SPM (E.D. Mo.), seek an order certifying this class: all arrestees who are or will be detained in the Medium Security Institution (referred to as "the Workhouse") or the City Justice Center ("CJC"), operated by the City of St. Louis, post-arrest because they are unable to afford to pay a monetary release condition. The Plaintiffs also ask the Court to appoint their counsel as class counsel under Rule 23 of the Federal Rules of Civil Procedure.[CC] The Plaintiffs are represented by: Blake A. Strode, Esq. Michael-John Voss, Esq. Jacqueline Kutnik-Bauder, Esq. Sima Atri, Esq. John M. Waldron, Esq. ARCHCITY DEFENDERS, INC. 440 N. 4th Street, Suite 390 Saint Louis, MO 63102 Telephone: (855) 724-2489 Facsimile: (314) 925-1307 E-mail: bstrode@archcitydefenders.org mjvoss@archcitydefenders.org jkutnikbauder@archcitydefenders.org satri@archcitydefenders.org jwaldron@archcitydefenders.org - and - Thomas B. Harvey, Esq. Derecka Purnell, Esq. ADVANCEMENT PROJECT 1220 L Street, N.W., Suite 850 Washington, DC 20005 Telephone: (202) 728-9557 Facsimile: (202) 728-9558 E-mail: tharvey@advancementproject.org - and - Seth Wayne, Esq. Nicolas Riley, Esq. Robert Friedman, Esq. INSTITUTE FOR CONSTITUTIONAL ADVOCACY AND PROTECTION GEORGETOWN UNIVERSITY LAW CENTER 600 New Jersey Ave. NW Washington, DC 20001 Telephone: (202) 662-9042 E-mail: sw1098@georgetown.edu rdf34@georgetown.edu nr537@georgetown.edu - and - Alec Karakatsanis, Esq. CIVIL RIGHTS CORPS 910 17th Street NW, Suite 200 Washington, DC 20006 Telephone: (202) 599-0953 Facsimile: (202) 609-8030 E-mail: alec@civilrightscorps.org STANFORD HEALTH: Underpays Caregivers, Rhyner Suit Alleges ---------------------------------------------------------- MICHELLE RHYNER, individually and on behalf of all others similarly situated, Plaintiff v. STANFORD HEALTH CARE; and DOES 1 to 100, inclusive, Defendants, Case No. 19CV341248 (Cal. Super., Santa Clara Cty., Jan. 18, 2019) is an action against the Defendants for unpaid regular hours, overtime hours, minimum wages, wages for missed meal and rest periods. The Plaintiff Rhyner was employed by the Defendants as patient care. Stanford Health Care provides healthcare services through its clinics. Its services include acne clinic, adult congenital heart program, wound care, aging adult, pediatric, anesthesia preoperative evaluation, aneurysm, anticoagulation, aortic disease, arthritis and joint replacement, audiology and hearing devices, autoimmune skin disease, autonomic disorders program, bariatric surgery and medical weight loss, blistering disease, and blood and marrow transplant program. Stanford Health Care was formerly known as Stanford Hospital and Clinics and changed its name to Stanford Health Care in October 2014. The company was founded in 1959 and is based in Palo Alto, California. [BN] The Plaintiff is represented by: Joseph Antonelli, Esq. Janelle Carney, Esq. LAW OFFICE OF JOSEPH ANTONELLI 14758 Pipeline Ave., Suite E, 2nd Floor Chino Hills, CA 91709 Telephone: (909) 393-0223 Facsimile: (909) 393-0471 E-mail: JAntonelli@antonellilaw.com - and - Michael Singer, Esq. COHELAN KHOURY & SINGER 605 C Street, Suite 200 San Diego, CA 9210 Telephone: (619) 595-3001 Facsimile: (619) 595-3000 E-mail: singer@ck-lawfirm.com - and - Jonathan M. Lebe, Esq. LEBE LAW, A PROFESSIONAL LAW CORPORATION 777 South Alameda St. 2nd Floor Los Angeles CA 90021 Telephone: (213) 358-7046 E-mail: jon@lebelaw.com SUN MERRY: Vargas Seeks Overtime Compensation --------------------------------------------- A case, JONATHAN VARGAS, on behalf of himself and others similarly situated, the Plaintiff, vs. SUN MERRY USA INC. d/b/a SUNMERRY BAKERY AND CAFE, PEI-HSUAN KAO, and JOHN DOES 1-5, the Defendants, Case No. 2:19-cv-01167 (D.N.J., Jan. 28, 2019), alleges violations of the Fair Labor Standards Act and the New Jersey Wage and Hour Law and Regulations, arising from the Defendants' failure to pay exempt employees at the statutory overtime rate of time and one-half for all hours worked over 40 hours per workweek. According to the complaint, the Defendants have willfully and intentionally committed widespread violations of the FLSA and NJWHLR by engaging in a pattern and practice of failing to pay its employees, including Plaintiff, overtime compensation at the statutory rate of time and one-half for all hours worked above 40 hours in a workweek, the lawsuit says.[BN] Attorneys for Plaintiff: Giustino (Justin) Cilenti, Esq. CILENTI & COOPER, PLLC 708 Third A venue - 6th Floor New York, NY 10017 Telephone: (212) 209-3933 Facsimile (212) 209-7102 E-mail: info@jcpclaw.com TD AMERITRADE: Knowles Files Suit in Nebr. for Breach of Contract ----------------------------------------------------------------- A class action lawsuit has been filed against TD Ameritrade Holding Corporation. The case is styled as Russell D Knowles and Bernard A Knowles through his attorney-in-fact Russell d. Knowles, on behalf of themselves and all others similarly situated, Plaintiffs v. TD Ameritrade Holding Corporation, TD Ameritrade Inc., TD Ameritrade Clearing, Inc. and TD Ameritrade Investment Management, LLC, Defendants, Case No. 18:19-cv-00047-RFR-SMB (D. Neb., January 31, 2019). The docket of the lawsuit states the case type as Other Breach of Contract. TD Ameritrade is a brokerage firm based in Omaha, Nebraska with major trading centers in Southlake, Texas and St Louis, Missouri. The letters TD are derived from Toronto-Dominion Bank, the largest shareholder. The company provides services for individuals and institutions that are investing online.[BN] The Plaintiff is represented by: Jason W. Grams, Esq. LAMSON, DUGAN LAW FIRM 10306 Regency Parkway Drive Omaha, NE 68114-3743 Tel: (402) 397-7300 Fax: (402) 397-7824 Email: jgrams@ldmlaw.com TRANSPORT WORKERS UNION: Garnett Alleges Race Bias -------------------------------------------------- MALVIN GARNETT, individually and on behalf of all others similarly situated, Plaintiff v. TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO; TWU555; and TWU INTERNATIONAL, Defendants, Case No. 1:19-cv-20291-JEM (S.D. Fla., Jan. 22, 2019) alleges that the Defendants have discriminated against the Plaintiff and the class on the basis of their race in the workplace. According to the complaint, the Defendant has allowed for a hostile work environment against African Americans nationwide as a union allowing a racially biased corporate culture and stereotypical views about the skills, abilities, and potential of African Americans that infect personnel decisions and form the basis of the policies and practices challenge knowing promotions, disciplinary actions, hiring, firing and harmony in the work place. Transport Workers Union Of America, AFL-CIO is a labor union representing workers of the transportation, airline, railroad, utility, and service industries. It provides assistance in negotiations, organizing drives, legislative campaigns, legal advise, education, research, and public relations services. [BN] The Plaintiff is represented pro se. TRANSWORLD SYSTEMS: Hoffman Appeals W.D. Wash. Ruling to 9th Cir. ----------------------------------------------------------------- Plaintiffs Sarah Douglass, Esther Hoffman, Anthony Kim, Daria Kim and Il Kim filed an appeal from a court ruling in their lawsuit entitled Esther Hoffman, et al. v. Transworld Systems, Inc., et al., Case No. 2:18-cv-01132-JCC, in the U.S. District Court for the Western District of Washington, Seattle. As previously reported in the Class Action Reporter, the lawsuit (assigned Case No. 18-00002-15483-9 SEA) was removed from the Superior Court of the State of Washington, County of Washington to the District Court on August 2, 2018. The case is assigned to Judge John C. Coughenour. Transworld Systems Inc. provides accounts receivable, debt recovery, and past due accounts services for businesses, medical companies, dental companies, education facilities, Fortune 500 companies, and small businesses in the United States and internationally. The Company has strategic alliances with athenahealth, eClinicalWorks, LeonardoMD, MDeverywhere, QuickBooks, Sikka Software Corporation, and TotalMD. Transworld Systems Inc. was founded in 1970 and is based in Santa Rosa, California. The appellate case is captioned as Esther Hoffman, et al. v. Transworld Systems, Inc., et al., Case No. 19-35058, in the United States Court of Appeals for the Ninth Circuit. The briefing schedule in the Appellate Case is set as follows: -- Appellants Sarah Douglass, Esther Hoffman, Anthony Kim, Daria Kim and Il Kim's opening brief is due on March 26, 2019; -- Appellees Cheung, Matthew Cheung, Does, Patenaude & Felix, APC and Transworld Systems, Inc.'s answering brief is due on April 25, 2019; and -- Appellant's optional reply brief is due 21 days after service of the answering brief.[BN] Plaintiffs-Appellants ESTHER HOFFMAN, SARAH DOUGLASS, ANTHONY KIM, IL KIM, and DARIA KIM, husband and wife and the marital community comprised thereof, on behalf of themselves and on behalf of others similarly situated, are represented by: Guy William Beckett, Esq. BERRY & BECKETT, PLLP 1708 Bellevue Ave. Seattle, WA 98122-2017 Telephone: (206) 441-5444 E-mail: gbeckett@beckettlaw.com - and - Christina Latta Henry, Esq. HENRY & DEGRAAFF, P.S. 150 Nickerson Street, Suite 311 Seattle, WA 98109 Telephone: (206) 330-0595 Facsimile: (206) 400-7609 E-mail: chenry@HDM-legal.com Defendant-Appellee TRANSWORLD SYSTEMS, INC., is represented by: Damian P. Richard, Esq. SESSIONS FISHMAN NATHAN & ISRAEL, LLP 1545 Hotel Circle South, Suite # 150 San Diego, CA 92108 Telephone: (619) 758-1891 E-mail: drichard@sessions-law.biz Defendants-Appellees PATENAUDE & FELIX, APC, and MATTHEW CHEUNG are represented by: Marc Rosenberg, Esq. LEE SMART, P.S., INC. 701 Pike Suite, Suite 1800 Seattle, WA 98101-3929 Telephone: (206) 624-7990 E-mail: mr@leesmart.com UNIVERSITY OF ILLINOIS: Brown et al. Allege Racial Bias ------------------------------------------------------- A case, DERICK BROWN, ATIBA FLEMONS, and JEFFREY TAYLOR On behalf of themselves and all others similarly situated, Plaintiffs, vs. THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS, the Defendant, Case No. 2:19-cv-02020-CSB-EIL (C.D. Ill., Jan. 28, 2019), alleges that the University of Illinois Board of Trustees is in violation of Title VII and Illinois Civil Rights Act of 2003 (ICRA). The Class Representatives seek to represent a class or classes comprised of former, current, and future black employees at the University of Illinois Champaign-Urbana campus, excluding University officers with authority to make policy concerning discrimination, who have been subjected to one or more of the discriminatory policies or practices described in this Complaint. According to the complaint, UIUC supervisors and other employees frequently use racial slurs and offensive stereotypes, calling black employees "niggers," "boy," "monkeys," "lazy," "angry," "rowdy," and "Aunt Jemima," and using other offensive racial language. Class members are exposed to threats of racial violence, such as nooses, swastikas, KKK garb, racist graffiti, and confederate flags, including the noose and swastika. UIUC supervisors and employees also excessively monitor, scrutinize, belittle, and disrespect class members, and treat them as less credible and capable than white employees. UIUC's standard operating practice is racial harassment of class members, implemented by the following: -- UIUC has an express written policy of allowing racial harassment unless it is "sufficiently severe or pervasive," "objectively offensive," and "unreasonably interferes with, denies, or limits a person'sability to participate or benefit from employment opportunities, assessments or status at the University;" -- The Director of ODEA at UIUC openly directs racial slurs and stereotypes at black subordinates, and the ODEA department is itself rife with internal racial harassment. As a consequence, the University's senior anti-bias unit, instead acts as an agent of bias; -- Human Resources, ODEA, and senior UIUC leadership have a practice of avoiding finding that racial harassment constitutes a violation of its Nondiscrimination Policy by ignoring racial harassment complaints; failing to initiate investigations into complaints it acknowledges receiving; suggesting complainants engage in dispute resolution, without explaining they have the right to an investigation, defeating ODEA's purpose, to root out discrimination; and/or not conducting bona fide investigations into complaints of racial harassment. By design, UIUC's written Nondiscrimination Policy not only fails to deter racial harassment, it permits it, the lawsuit says. The University of Illinois is a public institution of higher education under the authority of the State of Illinois Compiled Statutes. 110 ILCS 205 Sec. 1(a). The Board of Trustees is the governing body of the University of Illinois and is a corporate body and a political subdivision under the authority of the State of Illinois Compiled Statutes. 110 ILCS 305 Sec.[BN]. Counsel for Plaintiffs: Rebecca Houlding, Esq. Jesse Centrella, Esq. FRIEDMAN & HOULDING LLP 1050 Seven Oaks Lane Mamaroneck, NY 10543 Telephone: 888 369 1119 Facsimile: 866.731.5553 E-mail: rebecca@friedmanhouldingllp.com WELLS FARGO: Approval Hearing in Nakamura Suit Set for May 15 ------------------------------------------------------------- The Hon. Daniel D. Crabtree sets an approval hearing for May 15, 2019, at 9:00 a.m., in the lawsuit captioned JIN NAKAMURA v. WELLS FARGO BANK, NA d/b/a Wells Fargo Dealer Services, Inc., Case No. 5:17-cv-04029-DDC-GEB (D. Kan.). According to the Clerk's Courtroom Minute Sheet, (i) Counsel will submit a proposed order for the Court's approval, and (ii) Counsel address the issues the Court set forth in its order on doc. 133 issued on January 22, 2019.[CC] The Plaintiff is represented by: Rex A. Sharp, Esq. Ryan Hudson, Esq. Scott B. Goodger, Esq. REX A. SHARP, PA, 5301 West 75th Street Prairie Village, KS 66208 Telephone: (913) 901-0500 E-mail: rsharp@midwest-law.com rhudson@midwest-law.com sgoodger@midwest-law.com - and - Bryce B. Bell, Esq. Mark Schmitz, Esq. BELL LAW, LLC 2600 Grand Blvd, Suite 580 Kansas City, MO 64108 Telephone: (816) 886-8206 E-mail: Bryce@belllawkc.com ms@belllawkc.com The Defendant is represented by: Carolee A. Hoover, Esq. Alicia A. Baiardo, Esq. MCGUIREWOODS, LLP Two Embarcadero Center, Suite 1300 San Francisco, CA 94111-3821 Telephone: (415) 844-9944 E-mail: choover@mcguirewoods.com abaiardo@mcguirewoods.com WELLS FARGO: Certification of Class Sought in McDonald Suit ----------------------------------------------------------- The Plaintiff in the lawsuit styled LIANE McDONALD, in her capacity as the Administratrix of the ESTATE OF PATRICIA A. McDONALD, Deceased, and as the Representative of a Class of Similarly Situated Persons v. WELLS FARGO BANK, N.A., Case No. 2:16-cv-00264-MAK (W.D. Pa.), moves for class certification. Ms. McDonald also asks the Court to appoint her as Representative Plaintiff and to appoint her counsel as class counsel.[CC] The Plaintiff is represented by: Aurelius Robleto, Esq. Renee M. Kuruce, Esq. ROBLETO LAW, PLLC Three Gateway Center 401 Liberty Avenue, Suite 13306 Pittsburgh, PA 15222 Telephone: (412) 925-8194 Facsimile: (412) 346-1035 E-mail: info@robletolaw.com WELLS FARGO: Pekoc Appeals Ct. Approval of Hefler Suit Settlement ----------------------------------------------------------------- Objector Thomas Pekoc filed an appeal from a court ruling in the lawsuit styled Gary Hefler, et al. v. Wells Fargo & Company, et al., Case No. 3:16-cv-05479-JST, in the U.S. District Court for the Northern District of California, San Francisco. As reported in the Class Action Reporter on Jan. 2, 2019, Judge Jon S. Tigar granted both (i) Union's motion for final approval of the class action settlement and the plan of allocation; and (ii) the Class Counsel's motion for an award of attorneys' fees and litigation expenses. The Plaintiffs bring the federal securities class action against Wells Fargo and several of its officers and directors for violations of sections 10(b), 20(a), and 20A of the Securities Exchange Act of 1934 and the Securities and Exchange Commission's Rule 10b-5. Lead Plaintiff Union Asset Management Holding, AG brings these claims on behalf of all persons who purchased Wells Fargo common stock between Feb. 26, 2014 and Sept. 20, 2016, inclusive. The proposed settlement agreement resolves claims between Wells Fargo and the class, which the Court conditionally certified as all persons and entities who purchased Wells Fargo common stock from Feb. 26, 2014 through Sept. 20, 2016, inclusive. Under the Settlement, Wells Fargo has paid $480 million into the Settlement Fund. The following amounts will be subtracted from the Settlement Amount: (1) taxes; (2) notice costs; and (3) attorneys' fees and expenses. The appellate case is captioned as Gary Hefler, et al. v. Wells Fargo & Company, et al., Case No. 19-15140, 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 February 25, 2019; -- Transcript is due on March 25, 2019; -- Appellant Thomas Pekoc's opening brief is due on May 6, 2019; -- Appellees John D. Baker III, David M. Carroll, John S. Chen, City of Hialeah Employees' Retirement System, Lloyd H. Dean, Elizabeth A. Duke, Susan E. Engel, Hope A. Hardison, Gary Hefler, Enrique Hernandez Jr., Donald M. James, David Julian, Michael J. Loughlin, Cynthia H. Milligan, Marcelo Mizuki, Avid Modjtabai, Oregon Public Employees Retirement System, Federico F. Pena, James H. Quigley, Judith M. Runstad, Stephen W. Sanger, John R. Shrewsberry, Timothy J. Sloan, Guy Solomonov, James M. Strother, John G. Stumpf, Susan G. Swenson, Carrie L. Tolstedt, Union Asset Management Holding AG, Suzanne M. Vautrinot and Wells Fargo & Company's answering brief is due on June 6, 2019; and -- Appellant's optional reply brief is due 21 days after service of the answering brief.[BN] Objector-Appellant THOMAS PEKOC is represented by: Steve A. Miller, Esq. STEVE A. MILLER, P.C. 1625 Larimer Street Denver, CO 80202 Telephone: (303) 892-9933 E-mail: sampc01@gmail.com - and - John Jacob Pentz, III, Esq. CLASS ACTION FAIRNESS GROUP 19 Widow Rites Lane Sudbury, MA 01776 Telephone: (978) 261-5725 E-mail: Clasaxn@earthlink.net Plaintiffs-Appellees GARY HEFLER, MARCELO MIZUKI, GUY SOLOMONOV, UNION ASSET MANAGEMENT HOLDING AG and CITY OF HIALEAH EMPLOYEES' RETIREMENT SYSTEM, Individually and on Behalf of All Others Similarly Situated, are represented by: Aelish Marie Baig, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 100 Pine Street San Francisco, CA 94111 Telephone: (415) 288-4545 E-mail: aelishb@rgrdlaw.com - and - Shawn Anthony Williams, Esq. ROBBINS GELLER RUDMAN & DOWD, LLP One Montgomery Street San Francisco, CA 94104 Telephone: (415) 288-4545 E-mail: shawnw@rgrdlaw.com - and - Salvatore Graziano, Esq. BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 1251 Avenue of the Americas New York, NY 10020 Telephone: (800) 380-8496 E-mail: sgraziano@blbglaw.com Defendant-Appellee WELLS FARGO & COMPANY is represented by: Brendan Peter Cullen, Esq. Sverker Kristoffer Hogberg, Esq. SULLIVAN & CROMWELL LLP 1870 Embarcadero Road Palo Alto, CA 94303 Telephone: (650) 461-5650 E-mail: cullenb@sullcrom.com hogbergs@sullcrom.com - and - Richard H. Klapper, Esq. SULLIVAN & CROMWELL LLP 125 Broad Street New York, NY 10004 Telephone: (212) 558-4000 E-mail: klapperr@sullcrom.com Defendant-Appellee JOHN G. STUMPF is represented by: Grant Fondo, Esq. GOODWIN PROCTER LLP 601 Marshall Street Redwood City, CA 94063 Telephone: (650) 752-3100 E-mail: gfondo@goodwinlaw.com - and - Nicholas A. Reider, Esq. Lloyd Winawer, Esq. GOODWIN PROCTER LLP 100 Northern Avenue Boston, MA 02210 Telephone: (617) 570-1000 E-mail: nreider@goodwinlaw.com lwinawer@goodwinlaw.com - and - Daniel Prugh Roeser, Esq. Richard Strassberg, Esq. GOODWIN PROCTER LLP 620 Eighth Avenue New York, NY 10018-1405 Telephone: (212) 813-8800 E-mail: droeser@goodwinlaw.com rstrassberg@goodwinlaw.com Defendant-Appellee JOHN R. SHREWSBERRY is represented by: Miles Ehrlich, Esq. Ismail Ramsey, Esq. RAMSEY & EHRLICH LLP 803 Hearst Avenue Berkeley, CA 94710 Telephone: (510) 548-3600 E-mail: miles@ramsey-ehrlich.com izzy@ramsey-ehrlich.com Defendant-Appellee CARRIE L. TOLSTEDT Jeffrey Faucette, Esq. SKAGGS FAUCETTE LLP One Embarcadero Center San Francisco, CA 94111 Telephone: (415) 315-1669 E-mail: jeff@skaggsfaucette.com - and - Brian P. Hagerty, Esq. Jennifer Gourley Wicht, Esq. WILLIAMS & CONNOLLY LLP 725 Twelfth Street, NW Washington, DC 20005 Telephone: (202) 434-5168 E-mail: bhagerty@wc.com jwicht@wc.com Defendant-Appellee OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM is represented by: Cadio Zirpoli, Esq. SAVERI & SAVERI, INC. 706 Sansome Street San Francisco, CA 94111 Telephone: (415) 217-6810 E-mail: cadio@saveri.com Defendant-Appellee TIMOTHY J. SLOAN is represented by: Nanci L. Clarence, Esq. Josh Cohen, Esq. Adam Shearer, Esq. CLARENCE DYER & COHEN LLP 899 Ellis Street San Francisco, CA 94109-7807 Telephone: (415) 749-1800 E-mail: nclarence@clarencedyer.com jcohen@clarencedyer.com ashearer@clarencedyer.com Defendants-Appellees DAVID M. CARROLL and JAMES M. STROTHER are represented by: Walter F. Brown, Jr., Esq. James N. Kramer, Esq. ORRICK HERRINGTON & SUTCLIFFE LLP 405 Howard Street San Francisco, CA 94105 Telephone: (415) 773-5995 E-mail: wbrown@orrick.com jkramer@orrick.com Defendant-Appellee DAVID JULIAN is represented by: Timothy Paul Crudo, Esq. Rees F. Morgan, Esq. COBLENTZ PATCH DUFFY & BASS, LLP One Montgomery Street, Suite 3000 San Francisco, CA 94104 Telephone: (415) 677-5219 E-mail: tcrudo@coblentzlaw.com rmorgan@coblentzlaw.com Defendant-Appellee HOPE A. HARDISON is represented by: Ed Swanson, Esq. SWANSON & McNAMARA, LLP 300 Montgomery Street San Francisco, CA 94104 Telephone: (415) 477-3800 E-mail: ed@smllp.law Defendant-Appellee MICHAEL J. LOUGHLIN is represented by: Ted W. Cassman, Esq. Laurel Headley, Esq. ARGUEDAS, CASSMAN & HEADLEY, LLP 803 Hearst Avenue Berkeley, CA 94710 Telephone: (510) 845-3000 E-mail: cassman@achlaw.com headley@achlaw.com Defendant-Appellee AVID MODJTABAI is represented by: Carl Brandon Wisoff, Esq. Douglas Rea Young, Esq. FARELLA BRAUN & MARTEL LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: (415) 954-4400 E-mail: bwisoff@fbm.com dyoung@fbm.com Defendants-Appellees JOHN D. BAKER III, JOHN S. CHEN, LLOYD H. DEAN, ELIZABETH A. DUKE, SUSAN E. ENGEL, ENRIQUE HERNANDEZ, Jr., DONALD M. JAMES, FEDERICO F. PENA, JAMES H. QUIGLEY, JUDITH M. RUNSTAD, STEPHEN W. SANGER, CYNTHIA H. MILLIGAN, SUSAN G. SWENSON and SUZANNE M. VAUTRINOT are represented by: Jordan Eth, Esq. Anna Erickson White, Esq. MORRISON & FOERSTER LLP 425 Market Street San Francisco, CA 94105-2482 Telephone: (415) 268-7126 E-mail: jeth@mofo.com awhite@mofo.com WOLFGANG'S STEAKHOUSE: Dervisevic Sues Over Unpaid Wages -------------------------------------------------------- NASER DERVISEVIC, on behalf of himself and others similarly situated v. WOLFGANG'S STEAKHOUSE, INC. and WOLFGANG ZWIENER, REX FERATOVIC, ZIJO MUSIC, PETER ZWIENER, and STEVEN ZWIENER, Case No. 1:19-cv-00814 (S.D.N.Y., January 28, 2019), alleges that the Defendants fail and refuse to pay the Plaintiff and other service employees for all hours worked and the legally required overtime wage for all hours worked over 40 hours in a workweek. Wolfgang's Steakhouse, Inc., is a New York Corporation. The Company is owned, and its operations are conducted, by the Individual Defendants. The Defendants own and operate Wolfgang's Steakhouse located at 4 Park Avenue, in New York City. The Defendants are the Plaintiff's employers under the Fair Labor Standards Act.[BN] The Plaintiff is represented by: D. Maimon Kirschenbaum, Esq. JOSEPH & KIRSCHENBAUM LLP 32 Broadway, Suite 601 New York, NY 10004 Telephone: (212) 688-5640 Facsimile: (212) 688-2548 E-mail: maimon@jhllp.com [*] Consumer Agency Settles Data Breach Class Action for $22MM -------------------------------------------------------------- Jeremy S. Close, Esq., Meredith K. Collier, Esq., David R. Coogan, Esq., Jennifer C. Everett, Esq., Robert Levent Herguener, Esq., Richard J. Johnson, Esq., Laura G. Lim, Esq., Christopher Markham, Esq., Daniel J. McLoon, Esq., Mary Alexander Myers, Esq., Kaeley R. Brown, Esq., Mauricio F. Paez, Esq., and Nicole M. Perry, Esq., of Jones Day, in an article for Mondaq, report that on December 3, a federal court in the Central District of California granted plaintiffs' request for preliminary approval of a proposed $22 million settlement of class action claims against a consumer reporting agency related to a data breach that affected 15 million individuals in the United States. The breach involved unauthorized access to individuals' names, addresses, dates of births, Social Security numbers, and driver's license numbers. The settlement funds will be used to provide two years of credit monitoring services to class members and cash payments for out-of-pocket costs. [GN] [*] Ride-Sharing Company Settles TCPA Class Action for $4MM ----------------------------------------------------------- Jeremy S. Close, Esq., Meredith K. Collier, Esq., David R. Coogan, Esq., Jennifer C. Everett, Esq., Robert Levent Herguener, Esq., Richard J. Johnson, Esq., Laura G. Lim, Esq., Christopher Markham, Esq., Daniel J. McLoon, Esq., Mary Alexander Myers, Esq., Kaeley R. Brown, Esq., Mauricio F. Paez, Esq., and Nicole M. Perry, Esq., of Jones Day, in an article for Mondaq, report that on November 6, a proposed consumer class requested that the U.S. District Court for the Western District of Washington preliminarily approve its proposed $3.99 million settlement with a ride-sharing company. The class alleges that the company used an automatic telephone dialing system to send unsolicited commercial texts to individuals in violation of the Telephone Consumer Protection Act ("TCPA"). The settlement class includes all Washington residents who, between June 1, 2012, and the date of preliminary approval, received one or more invitational text messages through the company's "Invite A Friend" program. [GN] ********* 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. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2019. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. 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