/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/190702.mbx C L A S S A C T I O N R E P O R T E R Tuesday, July 2, 2019, Vol. 21, No. 131 Headlines 24/7 WELDING: Denies Workers Overtime Pay, Roque Suit Says 325 THIRNICBAR: Vasil Hits Tip Pool, Seeks Overtime Pay 3M COMPANY: Short Seeks Damages Over Defective Earplug ACADEMY LTD: Diaz Asserts Violation of Disabilities Act ACCC INSURANCE: Ihrig Files Class Suit in Mississippi ALGENIST LLC: Diaz Alleges ADA Violation in New York AMER SPORTS: Figueroa Suit Alleges ADA Violation AMERICAN MEDICAL: Faces Oswald Suit Over LabCorp Data Breach ANDALOU NATURALS: Diaz Files Class Suit under ADA in New York ANTHONY'S COAL: Lopez Suit Alleges FLSA and NYLL Violations APPLE MEDICAL: Fails to Pay Proper Overtime Wages, Li Claims ASURION LLC: Diaz Alleges Violation under Disabilities Act BATTERBEE ROOFING: Fails to Pay Laborers' Overtime, Monzalvo Says BATTERSON LLP: Miles Suit Seeks to Recover Overtime Pay Under FLSA BAYBRIDGE SZECHUAN: Fails to Pay Overtime Under FLSA, Lan Claims BLACKROCK CREDIT: Saba Seeks to Enforce Trust Shareholders' Rights BROOKLYN BORN: Millin Seeks to Recover Overtime Under FLSA & NYLL CHICAGO, IL: Brown Suit Alleges Consumer Fraud Act Violation CR ENGLAND: Virgne Sues Over Illegal SMS Ad Blasts CUYAHOGA COUNTY, OH: Beck Suit Alleges FLSA Violation DANIEL AUSTIN: Nelson Files Class Suit in Colorado DELUXE GREEN: Tem Sues Over Unpaid Overtime DINEINFRESH INC: Olsen Files Class Suit under ADA in New York DYNAMIC RECOVERY: Zavinskiy Files Class Suit under FDCPA ESTENSON LOGISTICS: Parsons Labor Suit Removed to E.D. California EXACT SCIENCES: Arcare Suit Alleges TCPA Breach EXPLORE GROUP: Sostaita Seeks Unpaid Overtime Pay F & B ASSOCIATES: Fails to Properly Pay Workers, Ghigliazza Says FACEBOOK INC: Class Action Suit Over Robocalls Reinstated FASHION NOVA: Johnson Sues Over Unsolicited Text Messages FIRST AMERICAN: Fails to Protect Customers' PII, Mohr Suit Claims GLOBAL CONTACT: Agresti Sues Over Unpaid Spread-of-Hours Wages GLOBAL RADAR: Accused by Job Suit of Violating FCRA GREENLIGHT ENERGY: Sells Overpriced Electricity, Williams Suit Says GRIFFIN TECHNOLOGY: Diaz Asserts Breach of ADA in New York GRUBHUB INC: Marshall Seeks to Block Future Nonconsensual Calls HEALTH INSURANCE: Removes Parker RICO Suit to S.D. Florida HIPNATION OPERATIONS: Sent Unsolicited Text Ads, Acosta Suit Says I.Q. DATA: Smilowitz Hits Confusing Collection Letter INCLAN PAINTING: Painters Seek Unpaid Overtime Wages INTEGON PREFERRED: Washington Suit Asserts Breach of Contract IOWA: Experts Decry Use of Restraints at School IQ DATA: Riesel Disputes Amount of Alleged Debt Owed IRON LION: Riddle Seeks Unpaid Overtime, Damages Under FLSA J.G. WENTWORTH: Burner Suit Alleges FLSA Violation JUMIA TECHNOLOGIES: Cohen Milstein Conducting Probe KIDS TOWN: Minyety Suit Seeks to Recover Overtime Pay and Damages KOSTMAYER CONSTRUCTION: Baez-Acuna Seeks to Recover Unpaid OT Wages LABORATORY CORP: Shulman Files Class Suit in North Carolina LE ENERGY: Charvat Sues Over Unsolicited Calls LLOYD'S LONDON: Sept. 18 Settlement Fairness Hearing Set LOCO FOOD: Knowles Asserts Breach of Disabilities Act LOS ANGELES, CA: LA DWP GM to Step Down After Controversial Deal MAMMOTH ENERGY: Schall Law Firm Files Class Action Lawsuit MCAFEE INC: Oct. 4 Settlement Fairness Hearing Set MDL 2887: Albion Suit over Tainted Pet Food Moved to Kansas MDL 2887: Manier Suit over Tainted Pet Food Moved to Kansas MENN LAW: Cole Sues Under FDCPA Over Deceptive Collection Letter MID VALLEY COLLECTION: Ochoa Files Class Suit under FDCPA MIDLAND CREDIT: Davis Sues over Debt Collection Practices MIDWESTERN HOLDINGS: Qasemy Seeks Unpaid Wages & Overtime Pay OREGON: Pendleton Ceases Jailing People Over Court Fines ORTHONET LLC: Solis Sues Over Unpaid Overtime Wages PHILADELPHIA PARKING: Berger Suit Alleges Malicious Prosecution PIVOTAL SOFTWARE: Nhung Tran Says IPO Documents Misleading PURDUE PHARMA: Brant Sues over Opioid Distribution in Arizona PURDUE PHARMA: DeLancey Sues over Unfair Marketing of Opioids PURDUE PHARMA: DeMaro Seeks Medical Monitoring for Babies with NAS RA MEDICAL SYSTEMS: Schall Law Firm Files Class Action Lawsuit RCI HOSPITALITY: Schall Law Firm Files Class Action Lawsuit RETRIEVAL-MASTERS CREDITORS: Faces Lanouette Class Suit in N.Y. SMJ CONSTRUCTION: Li Sues Over Unpaid Overtime Under FLSA & NYLL SOMCHAI AND COMPANY: Bao Seeks Overtime Pay, Damages SPROUT FINANCIAL: Picow Sues Over Illegal Telemarketing Calls ST. LOUIS, MO: Ruling vs. Inmates Held Over Non-Payment of Bond ST. TROPEZ II: Palacios Sues over Unpaid Overtime, Medical Leave STA MANAGEMENT: Mata Seeks to Recover Minimum and Overtime Wages STAR BRANDS: Altes Sues Over Harmful Oil in Pretzels SUNLANDS TECHNOLOGY: Rosen Continues to Probe Securities Claims TELLURIAN INC: Chambers v. BOD Seeks to Halt Stock Issuance TORRENT PHARMA: Sanders Sues Over Carcinogen in Hypertension Meds TRINITY PACKAGING: Robertson Suit Seeks Unpaid Overtime Wages UNITED STATES: Brito Files Petition for Habeas Corpus UNITED STATES: CAVC Certifies 1st Class Action UNITED STATES: Ruling vs. Abortion Policy for Immigrants Upheld UNITED STATES: Sued in Boston Over Detention of Immigrants UNIVERSAL MUSIC: King Holmes to Pursue Suit Over 2008 Fire USPTO: Morinville Sues over SAWS Flag on Patent Application VISTA HOTEL: Stewart Asserts Breach of Disabilities Act VIVIAN HORAN: Web Site Not Blind-Friendly, Matzura Suit Says WEISS MEMORIAL: Heard Seeks to Stop Illegal Use of Biometric Data WELLS FARGO: Chang Suit Alleges Breach of Fiduciary Duty ********* 24/7 WELDING: Denies Workers Overtime Pay, Roque Suit Says ---------------------------------------------------------- Luis Roque, individually and on behalf of all others similarly situated, Plaintiff, v. 24/7 Welding Services, Inc., Defendant, Case No. 19-cv-00126, (W.D. Tex., May 21, 2019), seeks unpaid regular hourly wages, unpaid overtime, liquidated damages, attorney's fees and costs of suit and such other relief under the Fair Labor Standards Act. 24/7 Welding is a welding services company for the oil and gas industry where Roque worked as a welder. Aside from failing to pay overtime pay for work in excess of forty hours per week, 24/7 Welding also failed to provide accurate wage statements, asserts the complaint. [BN] Plaintiff is represented by: Melissa Moore, Esq. Bridget Davidson, Esq. MOORE & ASSOCIATES Lyric Center 440 Louisiana Street, Suite 675 Houston, TX 77002 Telephone: (713) 222-6775 Facsimile: (713) 222-6739 325 THIRNICBAR: Vasil Hits Tip Pool, Seeks Overtime Pay ------------------------------------------------------- Andrew Vasil, and all others similarly situated, Plaintiffs, v. 325 Thirnicbar, LLC, 406 Barmoose, LLC, 409 Bartoulouse, LLC, 407 Bar, Inc., Twin Bar Management Corporation, David Desilva, John Mciver and Mike Miciver Defendants, Case No. 19-cv-00540, (W.D. Tex., May 21, 2019), seeks to recover unpaid overtime wages, unlawfully kept tips, liquidated damages and reasonable attorneys' fees and costs under the Fair Labor Standards Act. Defendants are an enterprise consisting of four bars, Thirsty Nickel, Toulouse, The Library and Mooseknucke Pub, on 6th Street in Austin, Texas. Defendants employed Vasil as a bartender and later, as a manager. During his work as a bartender, Vasil was a tipped employee and required to participate in a tip pool, despite spending more than 20% of their working time doing side work, such as washing glasses and cleaning resulting in unpaid overtime and unpaid minimum wages. [BN] Plaintiff is represented by: Charles L. Scalise, Esq. Daniel B. Ross, Esq. ROSS LAW GROUP 1104 San Antonio Street Houston, TX 78701 Tel: (512) 474-7677 Fax: (512) 474-5306 Email: Charles@rosslawpc.com 3M COMPANY: Short Seeks Damages Over Defective Earplug ------------------------------------------------------ Ronny Short, individually and on behalf of all others similarly situated, Plaintiffs, v. 3M Company, Defendants, Case No. 19-cv-01514 (N.D. Ala., May 3, 2019), seeks to recover actual, compensatory, consequential, incidental and punitive damages, attorneys' fees, prejudgment and post-judgment interest, legal and equitable relief resulting from negligence and for breach of implied and express warranty. Defendants sold dual-ended Combat Arms Earplugs to the US Armed Forces for use as hearing protection for military personnel, protecting against the disorienting effects of loud impulse noises such as improvised explosive devices and gun fire, yet still allow the service member to hear low-level noises critical to mission safety such as commands, footsteps and encroaching enemies. It, however, dislodges from the ear in a manner that is imperceptible to the wearer. 3M settled a False Claims Act lawsuit with the United States Government for over $9 million but has yet to remedy the harm it caused to the tens of thousands of service members, including Mr. Short, says the complaint. 3M Company is a Delaware corporation with its principal place of business in St. Paul, Minnesota. [BN] Plaintiff is represented by: D.G. Pantazis, Jr., Esq. WIGGINS CHILDS PANTAZIS FISHER & GOLDFARB, LLC The Kress Building 301 19th Street N. Birmingham, AL 35203 Tel: (205) 314-0500 Email: dgpjr@wigginschilds.com ACADEMY LTD: Diaz Asserts Violation of Disabilities Act ------------------------------------------------------- Academy, LTD. is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled as Edwin Diaz, on behalf of himself and all others similarly situated, Plaintiff v. Academy, LTD., Defendant, Case No. 1:19-cv-05733 (S.D. N.Y., June 19, 2019). Academy, Ltd., doing business as Academy Sports + Outdoors, retails sports, outdoor, and lifestyle products.[BN] The Plaintiff is represented by: Joseph H Mizrahi, Esq. Cohen & Mizrahi LLP 300 Cadman Plaza West, 12th Floor Brooklyn, NY 11201 Tel: (929) 575-4175 Fax: (929) 575-4195 Email: joseph@cml.legal ACCC INSURANCE: Ihrig Files Class Suit in Mississippi ----------------------------------------------------- A class action lawsuit has been filed against ACCC Insurance Company. The case is styled as Kristi Ihrig, individually and on behalf of all others similarly situated, Plaintiff v. ACCC Insurance Company, Defendant, Case No. 2:19-cv-00091-KS-MTP (C.D. Miss., June 19, 2019). The case type is stated as Diversity-Insurance Contract.[BN] ACCC Insurance Company is an Insurance company in Houston, Texas.[BN] The Plaintiff is represented by: Brent Hazzard, Esq. HAZZARD LAW, LLC 447 Northpark Drive Ridgeland, MS 39157 Tel: (601) 977-5253 Fax: (601) 977-5236 Email: brent.hazzard@hazzardlaw.net ALGENIST LLC: Diaz Alleges ADA Violation in New York ---------------------------------------------------- Algenist, LLC is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled as Edwin Diaz, on behalf of himself and all others similarly situated, Plaintiff v. Algenist, LLC, Defendant, Case No. 1:19-cv-05745 (S.D. N.Y., June 19, 2019). Algenist is a clinical beauty brand delivering anti-aging and color correcting skincare products.[BN] The Plaintiff is represented by: Joseph H Mizrahi, Esq. Cohen & Mizrahi LLP 300 Cadman Plaza West, 12th Floor Brooklyn, NY 11201 Tel: (929) 575-4175 Fax: (929) 575-4195 Email: joseph@cml.legal AMER SPORTS: Figueroa Suit Alleges ADA Violation ------------------------------------------------ Jose Figueroa, on behalf of himself and all others similarly situated v. Amer Sports Winter & Outdoor Company, Case No. 1:19-cv-03161 (S.D. N.Y., April 9, 2019), is brought against the Defendant for violation of the Americans with Disabilities Act. Plaintiff brings this civil rights action against Defendant for its failure to design, construct, maintain, and operate its website, www.salomon.com, to be fully accessible to and independently usable by the Plaintiff and other blind or visually-impaired people, therefore denying the visually impaired with full and equal access to goods and services offered. The Plaintiff is a visually-impaired and legally blind person who requires screen-reading software to read website content using his computer. Defendant is a clothing, footwear and accessories company, and owns and operates the website, www.salomon.com, offering features which should allow all consumers to access the goods and services and which Defendant ensures the delivery of such goods throughout the United States, including New York State. [BN] The Plaintiff is represented by: Joseph H. Mizrahi, Esq. COHEN & MIZRAHI LLP 300 Cadman Plaza West, 12th Fl. Brooklyn, NY 11201 Tel: (929) 575-4175 E-mail: Joseph@cml.legal AMERICAN MEDICAL: Faces Oswald Suit Over LabCorp Data Breach ------------------------------------------------------------ ROBERT OSWALD, MARY BETH KERNS, MARCIA SORIN-ROSENTHAL and STEPHEN ROSENTHAL, individually and on behalf of all those similarly situated v. AMERICAN MEDICAL COLLECTION AGENCY, INC., and LABORATORY CORPORATION OF AMERICA HOLDINGS, Case No. 7:19-cv-05302 (S.D.N.Y., June 5, 2019), arises from a data breach announced by LabCorp on June 4, 2019. The Plaintiffs accuse the Defendants of failing to protect the confidential information of millions of patients, including financial information (e.g., credit card numbers and bank account information), medical information, personal information (e.g., Social Security Numbers), and/or other protected health information as defined by the Health Insurance Portability and Accountability Act of 1996. The Defendants' wrongful disclosure has harmed the Plaintiffs and the Classes, believed to include millions of individuals, the Plaintiffs allege. American Medical Collection Agency, Inc., is a New York corporation with its principal place of business in Elmsford, New York. AMCA is an external collection agency used by LabCorp and other healthcare companies. Laboratory Corporation of America Holdings ("LabCorp") is a Delaware corporation with its principal place of business in Burlington, North Carolina. LabCorp is one of the world's leading providers of medical diagnostic testing services. LabCorp performs medical tests that aid in the diagnosis or detection of diseases, and that measure the progress of or recovery from a disease.[BN] The Plaintiffs are represented by: Linda P. Nussbaum, Esq. Bart D. Cohen, Esq. NUSSBAUM LAW GROUP, P.C. 1211 Avenue of the Americas, 40th Floor New York, NY 10036-8718 Telephone: (917) 438-9189 E-mail: lnussbaum@nussbaumpc.com bcohen@nussbaumpc.com - and - Christopher A. Seeger, Esq. Jennifer Scullion, Esq. Parvin Aminolroaya, Esq. SEEGER WEISS LLP 77 Water Street, 8th Floor New York, NY 10005 Telephone: (212) 584-0700 E-mail: cseeger@seegerweiss.com jscullion@seegerweiss.com paminolroaya@seegerweiss.com - and - Adam Frankel, Esq. GREENWICH LEGAL ASSOCIATES, LLC 881 Lake Avenue Greenwich, CT 06831 Telephone: (203) 622-6001 E-mail: adam@grwlegal.com ANDALOU NATURALS: Diaz Files Class Suit under ADA in New York ------------------------------------------------------------- Andalou Naturals is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled as Edwin Diaz, on behalf of himself and all others similarly situated, Plaintiff v. Andalou Naturals, Defendant, Case No. 1:19-cv-05748 (S.D. N.Y., June 19, 2019). Andalou Naturals manufactures and distributes personal care products. The Company offers cleansers, toners, shampoo, conditioners, body lotions, hand creams, and shower gels. Andalou Naturals markets its products worldwide.[BN] The Plaintiff is represented by: Joseph H Mizrahi, Esq. Cohen & Mizrahi LLP 300 Cadman Plaza West, 12th Floor Brooklyn, NY 11201 Tel: (929) 575-4175 Fax: (929) 575-4195 Email: joseph@cml.legal ANTHONY'S COAL: Lopez Suit Alleges FLSA and NYLL Violations ----------------------------------------------------------- Fredi Lopez, Elvis Mejia Guzman, Sonia Montoya and Jairo Mejia, individually and on behalf of all others similarly situated v. Anthony's Coal Fired Pizza of Woodbury, LLC, Anthony's Coal Fired Pizza of Wantagh, LLC, and Phillip Dinatale and Joseph Tuttoilmondo, Case No. 2:19-cv-02051 (E.D. N.Y., April 09, 2019), is brought against the Defendants for violation of the Fair Labor Standards Act and the New York Labor Law. The Defendants willfully failed to provide wage statements and failed to pay Plaintiffs minimum wage, spread of hour's compensation, and overtime wages for hours worked in excess of forty hours per week, says the complaint. The Defendants own, manage and operate restaurants in New York. The Plaintiffs were employed by the Defendants as cook, pizza maker, waiter, stocker, dishwasher or food preparer and at the same time performing other miscellaneous duties for the Defendants.[BN] The Plaintiffs are represented by: Roman Avshalumov, Esq. HELEN F. DALTON & ASSOCIATES, P.C. 80-02 Kew Gardens Road, Suite 601 Kew Gardens, NY 11415 Tel: 718-263-9591 Fax: 718-263-9598 APPLE MEDICAL: Fails to Pay Proper Overtime Wages, Li Claims ------------------------------------------------------------ ANNIE LI, individually and on behalf of all others similarly situated v. APPLE MEDICAL CENTER AND URGENT CARE, INC., a California corporation, Case No. 5:19-cv-01020 (C.D. Cal., June 4, 2019), alleges that in violation of the Fair Labor Standards Act, the Plaintiff and class members regularly worked beyond 40 hours in a workweek and eight hours in a workday but were not paid the required overtime premiums for all overtime hours worked. Apple Medical Center and Urgent Care, Inc., is a California corporation, with its principal executive office and place of business located in Hemet, California. The Company provides medical care and urgent medical care services to patients in California.[BN] The Plaintiff is represented by: Jean-Claude Lapuyade, Esq. JCL LAW FIRM, APC 3990 Old Town Avenue, Suite C204 San Diego, CA 92110 Telephone: (619) 599-8292 Facsimile: (619) 599-8291 E-mail: jlapuyade@jcl-lawfirm.com - and - Kevin Stoops, Esq. Charles R. Ash, IV, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Telephone: (248) 355-0300 Facsimile: (248) 436-8453 E-mail: kstoops@sommerspc.com cash@sommerspc.com ASURION LLC: Diaz Alleges Violation under Disabilities Act ---------------------------------------------------------- Asurion, LLC is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled as Edwin Diaz, on behalf of himself and all others similarly situated, Plaintiff v. Asurion, LLC, Defendant, Case No. 1:19-cv-05736 (S.D. N.Y., June 19, 2019). Asurion, LLC is a privately held company based in Nashville, Tennessee that provides insurance for smartphones, tablets, consumer electronics, appliances, satellite receivers and jewelry. In 2014, the company operated in 14 countries and had 49 offices with 17,000 employees serving 280 million consumers.[BN] The Plaintiff is represented by: Joseph H Mizrahi, Esq. Cohen & Mizrahi LLP 300 Cadman Plaza West, 12th Floor Brooklyn, NY 11201 Tel: (929) 575-4175 Fax: (929) 575-4195 Email: joseph@cml.legal BATTERBEE ROOFING: Fails to Pay Laborers' Overtime, Monzalvo Says ----------------------------------------------------------------- FELIX MONZALVO, on behalf of himself and all others similarly situated v. BATTERBEE ROOFING, INC., A Florida Profit Corporation, Case No. 5:19-cv-00277-JSM-PRL (M.D. Fla., June 5, 2019), alleges that the Defendant failed to pay the Plaintiff and other roofing laborers for all overtime hours worked, in violation of the Fair Labor Standards Act. Batterbee Roofing, Inc., is a Florida for profit corporation. The Defendant operates a large scale roofing company in Ocala, Florida.[BN] The Plaintiff is represented by: Noah E. Storch, Esq. RICHARD CELLER LEGAL, P.A. 10368 W. State Road 84, Suite 103 Davie, FL 33324 Telephone: (866) 344-9243 Facsimile: (954) 337-2771 E-mail: noah@floridaovertimelawyer.com BATTERSON LLP: Miles Suit Seeks to Recover Overtime Pay Under FLSA ------------------------------------------------------------------ ROOSEVELT MILES v. BATTERSON, LLP, Case No. 4:19-cv-01998 (S.D. Tex., June 4, 2019), is brought on behalf of the Plaintiff and all others similarly situated seeking to recover alleged back pay, unpaid overtime wages, lost wages, liquidated damages, interest, costs, and attorney's fees pursuant to the Fair Labor Standards Act. Batterson, LLP, is a construction company providing a variety of pavement marking, traffic control, and equipment sales and rental services in Houston, Texas.[BN] The Plaintiff is represented by: Terrence B. Robinson, Esq. Gabrielle O. Ilochi, Esq. TB ROBINSON LAW GROUP, PLLC 7500 San Felipe St., Suite 800 Telephone: (713) 568-1723 Facsimile: (713) 965-4288 Houston, TX 77063 E-mail: TRobinson@TBRobinsonlaw.com Gilochi@TBRobinsonlaw.com BAYBRIDGE SZECHUAN: Fails to Pay Overtime Under FLSA, Lan Claims ---------------------------------------------------------------- Dounfuh Lan, individually and on behalf of all other employees similarly situated v. Baybridge Szechuan Restaurant Inc. d/b/a Baybridge Szechuan Restaurant, and Joseph Yu-Sing Chan, Case No. 1:19-cv-03350 (E.D.N.Y., June 5, 2019), alleges that the Defendants have willfully and intentionally committed widespread violations of the Fair Labor Standards Act and New York Labor Law by engaging in a pattern and practice of failing to pay their employees, including the Plaintiff, compensation for all hours worked and overtime compensation for all hours worked over 40 each workweek. Baybridge Szechuan Restaurant Inc., doing business as Baybridge Szechuan Restaurant, owns and operates a restaurant in Bayside located at 208-06 Cross Island Parkway, in Bayside, New York. Joseph Yu-Sing Chan is the owner, officer, director and/or managing agent of Baybridge.[BN] The Plaintiff is represented by: Jiajing Fan, Esq. HANG & ASSOCIATES, PLLC. 136-20 38th Ave., Suite 10G Flushing, NY 11354 Telephone: (718) 353-8588 E-mail: jfan@hanglaw.com BLACKROCK CREDIT: Saba Seeks to Enforce Trust Shareholders' Rights ------------------------------------------------------------------ SABA CAPITAL MASTER FUND, LTD. v. BLACKROCK CREDIT ALLOCATION INCOME TRUST, BLACKROCK NEW YORK MUNICIPAL BOND TRUST, BLACKROCK ADVISORS, LLC, RICHARD E. CAVANAGH, KAREN P. ROBARDS, MICHAEL J. CASTELLANO, CYNTHIA L. EGAN, FRANK J. FABOZZI, HENRY GABBAY, R. GLENN HUBBARD, W. CARL KESTER, CATHERINE A. LYNCH, ROBERT FAIRBAIRN, and JOHN M. PERLOWSKI, Case No. 2019-0416- (Del. Ch., June 4, 2019), is brought on behalf of the Plaintiff and all others similarly situated seeking to enforce the franchise rights of the BlackRock Trusts' shareholders and to remedy, among other things, the Board of Directors' alleged inequitable, unreasonable and arbitrary and capricious application of bylaws with respect to nominations to the Board by shareholders. BlackRock Credit Allocation Income Trust is a Delaware statutory trust that is registered as a closed-end investment company under the federal Investment Company Act of 1940. BTZ is headquartered in New York City. BTZ was formerly known as BlackRock Preferred & Equity Advantage Trust. BlackRock New York Municipal Bond Trust is a Delaware statutory trust that is registered as a closed-end investment company under the federal Investment Company Act of 1940. BlackRock Advisors, LLC, is a limited liability company organized under the laws of the state of Delaware, and is a wholly-owned subsidiary of BlackRock, Inc. BlackRock created the BlackRock Trusts, sold shares of the BlackRock Trusts to the public, and manages the BlackRock Trusts, together with over a hundred other registered investment companies known as the "BlackRock Fixed Income Complex," pursuant to advisory agreements entered into by the Trustees with the Advisor. The Individual Defendants serve as trustees of the BlackRock Trusts.[BN] The Plaintiff is represented by: Carmella P. Keener, Esq. ROSENTHAL, MONHAIT & GODDESS, P.A. 919 N. Market Street, Suite 1401 Citizens Bank Center Wilmington, DE 19801 Telephone: (302) 656-4433 E-mail: ckeener@rmgglaw.com - and - Carol S. Shahmoon, Esq. Gregory E. Keller, Esq. SHAHMOON KELLER PLLC One Great Neck Road, Suite 7 Great Neck, NY 11021 Telephone: (646) 517-4399 E-mail: cshahmoon@shahmoonkeller.com gkeller@shahmoonkeller.com BROOKLYN BORN: Millin Seeks to Recover Overtime Under FLSA & NYLL ----------------------------------------------------------------- DARNELL MILLIN, individually and on behalf of all others similarly situated v. BROOKLYN BORN CHOCOLATE, LLC, THEOBROMA CHOCOLATES, LLC, MICHAEL ALTMAN individually, and JEAN-FRANCOIS BONNET individually, Case No. 1:19-cv-03346 (E.D.N.Y., June 5, 2019), seeks to recover overtime compensation and other damages under the Fair Labor Standards Act and the New York Labor Law. Brooklyn Born Chocolate, LLC, is a domestic business corporation organized and existing under the laws of New York. Theobroma Chocolates, LLC is a domestic business corporation organized and existing under the laws of New York. The Individual Defendants own and operate the Corporate Defendants. The Defendants sell private label chocolate products.[BN] The Plaintiff is represented by: Brian S. Schaffer, Esq. Hunter G Benharris, Esq. FIT APELLI & SCHAFFER, LLP 28 Liberty Street, 30th Floor New York, NY 10005 Telephone: (212) 300-0375 E-mail: bschaffer@fslawfirm.com CHICAGO, IL: Brown Suit Alleges Consumer Fraud Act Violation ------------------------------------------------------------ Jeff Brown, individually and on behalf of a class of similarly situated individuals v. City of Chicago, Case No. 1:19-cv-02411 (N.D. Ill., April 09, 2019), is brought against the Defendant for violation of the U.S. Constitution Article IV, Quo Warranto and Illinois Consumer Fraud Act. The Plaintiff brings this action on behalf of a class, consisting of all persons who are or were the owners of a motor vehicle registered pursuant to the law of a State that does or did not require the display of a license plate on the front of their vehicle and who were issued a violation notice by the Defendant. The Plaintiff is a resident and citizen of the State of Michigan. The Plaintiff is the registered owner of certain motor vehicles registered in a state other than the State of Illinois. The Defendant is a home-rule, municipal corporation, organized and existing under the laws of the State of Illinois. [BN] The Plaintiff is represented by: Glen J. Dunn, Jr., Esq. GLEN J. DUNN & ASSOCIATES, LTD. 121 West Wacker Drive, Suite 1414 Chicago, IL 60601 Tel: (312) 880-1010 CR ENGLAND: Virgne Sues Over Illegal SMS Ad Blasts -------------------------------------------------- Derrick Virgne, on behalf of himself and all others similarly situated, Plaintiff, v. C.R. England, Inc., Defendant, Case No. 19-cv-02011, (S.D. Ind., May 21, 2019), seeks injunctive and declaratory relief, statutory damages and treble damages, and an award of attorneys' fees and costs for violation of the Telephone Consumer Protection Act. CRE is a transportation company that operates a number of truck driving schools across the country. Virgne claims that they send unsuspecting consumers with automated text messages, even after the recipients replying "STOP" to opt-out of receiving said messages. [BN] Plaintiff is represented by: Amy Cueller, Esq. LEMBERG LAW, LLC 43 Danbury Road, 3rd Floor Wilton, CT 06897 Telephone: (203) 653-2250 Facsimile: (203) 653-3424 CUYAHOGA COUNTY, OH: Beck Suit Alleges FLSA Violation ----------------------------------------------------- Shavanda Beck, Tracy D. Reid, Revell Whitney, and Melchezidek K. Muhammad, individually and on behalf of all persons similarly situated v. County of Cuyahoga, Case No. 1:19-cv-00818 (N.D. Ohio, April 12, 2019), is brought against the Defendant for violation of the Fair Labor Standards Act and the Ohio Minimum Fair Wage Standards Act. The Plaintiffs and other similarly situated individuals regularly work in excess of 40 hours per week, exclusive of scheduled overtime shifts. However, the Defendants calculated these overtime hours as part of their regular earnings and did not include them as part of Plaintiffs' overtime earnings, says the complaint. The Plaintiffs are residents of the State of Ohio and were employed by the Defendant for its Juvenile Court Division in hourly non-exempt positions, at its Juvenile Detention Center, located at 9300 Quincy Avenue, Cleveland, Ohio 44106. The Defendant hires activities assistant, cook, custodial worker, detention clerk, detention officer, food service worker and lead detention clerk for its Juvenile Court Division. The Plaintiffs were employed by the Defendant for its Juvenile Court Division in hourly non-exempt positions, at its Juvenile Detention Center.[BN] The Plaintiffs are represented by: Frank Consolo, Esq. Horace F. Consolo, Esq. CONSOLO LAW FIRM CO., LPA 212 Hoyt Block 700 West St. Clair Avenue Cleveland, OH 44113 Tel: (216) 696-5400 Fax: (216) 696-2610 E-mail: fconsolo@consololaw.com hconsolo@consololaw.com DANIEL AUSTIN: Nelson Files Class Suit in Colorado -------------------------------------------------- A class action lawsuit has been filed against Daniel Austin Walzl. The case is styled as Brett Andrew Nelson also known as: Brett Andrew of the House of Nelson as an Individual and on behalf of all other similarly situated, Plaintiff v. Daniel Austin Walzl as a man, privately, Defendant, Case No. 1:19-cv-01772 (D. Colo., June 19, 2019). The lawsuit arises pursuant to the Civil Rights Act. The Defendant is a private person.[BN] The Plaintiff appears PRO SE. DELUXE GREEN: Tem Sues Over Unpaid Overtime ------------------------------------------- Eva Baten Tem, on behalf of themselves, FLSA Collective Plaintiffs and the Class, Plaintiff, v. Deluxe Green Bo Inc. and Angela (last name unknown), Defendants, Case No. 19-cv-04685, (S.D. N.Y., May 21, 2019), seeks to recover unpaid overtime, compensation for retaliation, liquidated damages, statutory penalties and attorneys' fees and costs pursuant to New York Labor Law and the Fair Labor Standards Act. Defendants operate a restaurant located at 66 Bayard Street, New York, NY 10013 where Tem was hired by Defendants to work as a cook. She regularly worked six days per week, for a total of 54 hours per week yet was paid a fixed weekly salary without any overtime compensation, the complaint relates. [BN] Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 30 East 39th Street, Second Floor New York, NY 10016 Tel: (212) 465-1188 Fax: (212) 465-1181 DINEINFRESH INC: Olsen Files Class Suit under ADA in New York ------------------------------------------------------------- Dineinfresh Inc. is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled as Thomas J. Olsen, individually and on behalf of all other persons similarly situated, Plaintiff v. Dineinfresh Inc. doing business as: Plated, Defendant, Case No. 1:19-cv-05757 (S.D. N.Y., June 19, 2019). DineInFresh, Inc., doing business as Plated, retails chef-designed recipes and ingredients online in the continental United States. It offers meat and fish, and vegetarian dishes, as well as divided shallots, garlic, divided scallions, mints, basils, divided limes, ground pork, mayonnaises, fish sauces, sugar, baguettes, and shredded carrots.[BN] The Plaintiff is represented by: Douglas Brian Lipsky, Esq. Lipsky Lowe LLP 630 Third Avenue Fifth Floor New York, NY 10017 Tel: (212) 392-4772 Fax: (212) 444-1030 Email: doug@lipskylowe.com DYNAMIC RECOVERY: Zavinskiy Files Class Suit under FDCPA -------------------------------------------------------- A class action lawsuit has been filed against Dynamic Recovery Solutions, LLC. The case is styled as Vladimir Zavinskiy, individually and on behalf of all others similarly situated, Plaintiff v. Dynamic Recovery Solutions, LLC and Does 1 through 10, inclusive, Defendants, Case No. 2:19-cv-02661-JS (E.D. Pen., June 19, 2019). Dynamic Recovery Solutions, LLC is a full-service collection agency based in South Carolina.[BN] The docket of the case states the nature of suit as Consumer Credit filed pursuant to the Fair Debt Collection Practices Act. The Plaintiff is represented by: Arkady Eric Rayz, Esq. Kalikhman & Rayz LLC 1051 county line road, Suite A Huntingdon Valley, PA 19006 Tel: (215) 364-5030 Fax: (215) 364-5029 Email: erayz@kalraylaw.com ESTENSON LOGISTICS: Parsons Labor Suit Removed to E.D. California ----------------------------------------------------------------- The class action lawsuit captioned ROBERT PARSONS, as an individual and on behalf of all others similarly situated v. ESTENSON LOGISTICS, LLC, a Delaware limited liability company; and DOES 1 through 50, inclusive, Case No. 34-2019-00252929, was removed on June 5, 2019, from the Superior Court of the State of California for the County of Sacramento to the U.S. District Court for the Eastern District of California. The District Court Clerk assigned Case No. 2:19-at-00458 to the proceeding. On March 21, 2019, Plaintiff Robert Parsons filed his Class Action Complaint in the Superior Court alleging four causes of action: (1) Violation of Cal. Labor Code (Sections 226.7 and 512; (2) Violation of Cal. Labor Code Section 226.7; (3) Violation of Labor Code Section 226(a); and (4) Violation of Cal. Bus. & Prof. Code Section 17200.[BN] The Plaintiff is represented by: Larry W. Lee, Esq. Max W. Gavron, Esq. DIVERSITY LAW GROUP, P.C. 515 S. Figueroa Street, Suite 1250 Los Angeles, CA 90071 Telephone: (213) 488-6555 Facsimile: (213) 488-6554 E-mail: lwlee@diversitylaw.com mgavron@diversitylaw.com - and - William L. Marder, Esq. POLARIS LAW GROUP LLP 501 San Benito Street, Suite 200 Hollister, CA 95023 Telephone: (831) 531-4214 Facsimile: (831) 634-0333 E-mail: bill@polarislawgroup.com Defendant ESTENSON LOGISTICS, LLC, is represented by: Michael J. Nader, Esq. Daniel E. Richardson, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 500 Capitol Mall, Suite 2500 Sacramento, CA 95814 Telephone: (916) 840-3150 Facsimile: (916) 840-3159 E-mail: michael.nader@ogletreedeakins.com daniel.richardson@ogletree.com EXACT SCIENCES: Arcare Suit Alleges TCPA Breach ----------------------------------------------- Arcare, Inc. dba Arcare Carlisle, on behalf of itself and all others similarly situated v. Exact Sciences Laboratories, LLC, Case No. N19C-04-092 (Del. Super. Ct., April 09, 2019), is brought against the Defendant for violations of the Telephone Consumer Protection Act. The Defendant's policy and practice of faxing unsolicited and unwanted advertisements to the Plaintiff and others similarly situated violates the TCPA, notes the complaint. The Plaintiff is an Arkansas non-profit corporation that does business in Carlisle, Lonoke County, Arkansas. The Plaintiff has received multiple fax advertisements from the Defendant without prior express permission. The Defendant is a Delaware Limited Liability Company that sent fax messages advertising the commercial availability of "Cologuard," the Defendant's prescription-only product used to screen patients for colorectal cancer. [BN] The Plaintiffs are represented by: Blake A. Bennett, Esq. Christopher H. Lee, Esq. COOCH AND TAYLOR, P.A. The Brandywine Building 1000 West Street, 10th Floor Wilmington, DE 19801 Tel: (302) 984-3800 E-mail: bbennett@coochtaylor.com clee@coochtaylor.com EXPLORE GROUP: Sostaita Seeks Unpaid Overtime Pay ------------------------------------------------- Marcelo Sostaita, individually and on behalf of all others similarly situated v. Explore Group, LLC and Carter National Logistics, LLC, Defendants, Case No. 19-cv-00127 (E.D. Ark., May 21, 2019), seeks to recover monetary damages, liquidated damages, prejudgment interest, and costs, including reasonable attorneys' fees as a result of failure to pay overtime wages as required by the Fair Labor Standards Act and the Arkansas Minimum Wage Act. Explore Group and Carter National Logistics provide transportation and logistics services and employs haulers and contracts with other transportation and logistics companies. Sostaita worked as a Sand Hauler for the Defendants and was misclassified as an exempt independent contractor and denied overtime pay for hours rendered in excess of 40 hours per week. [BN] Plaintiff is represented by: Josh Sanford, Esq. SANFORD LAW FIRM Post Office Box 39 Russellville, AR 72811 Tel: (479) 880-0088 Fax: (888) 787-2040 Email: josh@sanfordlawfirm.com F & B ASSOCIATES: Fails to Properly Pay Workers, Ghigliazza Says ---------------------------------------------------------------- Anthony Ghigliazza, as an individual and on behalf of all others similarly situated v. F & B Associates, Inc. and Does 1 through 50, Case No. CGC-19-575205 (Cal. Super. Ct., San Francisco Cty., April 11, 2019), is brought against the Defendants for violations of the California Labor Code. The Defendants failed to provide accurate itemized wage statements and failed to pay wages on a weekly basis. The Plaintiff is a current temporary services employee of the Defendant. The Plaintiff has been employed by the Defendant since about October 2018. The Plaintiff is assigned and sent to work on various assignments at Defendant's clients' sites. The Defendant operates a catering company and provides food and beverage catering services at private and public events for its clients located throughout the United States, including in the State of California. [BN] The Plaintiff is represented by: Larry W. Lee, Esq. Mai Tulyathan, Esq. DIVERSITY LAW GROUP 515 S. Figueroa Street, Suite 1250 Los Angeles, CA 90071 Tel: (213) 488-6555 Fax: (213) 488-6554 FACEBOOK INC: Class Action Suit Over Robocalls Reinstated --------------------------------------------------------- Bob Egelko, writing for San Francisco Chronicle, reports that a federal appeals court has reinstated a class-action lawsuit against Facebook for allegedly using an auto-dialing system to send unwanted robocalls, a practice barred by federal law. The Ninth U.S. Circuit Court of Appeals in San Francisco rejected Facebook's arguments that the ban did not apply to the text messages its equipment sent to a non-Facebook user, and that the law, passed in 1991, violated freedom of speech. The court went a step further on June 13 by declaring unconstitutional a 2015 congressional amendment that allowed uninvited robocalls whose purpose was to collect a debt owed to, or guaranteed by, a federal agency. "An unconsented, non-emergency robocall thoroughly invades personal and residential privacy, whether it is placed to collect government debt or for some other purpose," Judge M. Margaret McKeown said in the 3-0 ruling. She said the exemption -- which would include auto-dialed calls to collect mortgages or student loans backed by the government -- was unconstitutionally based on the content of the calls. Another federal appeals court, in Richmond, Va., reached the same conclusion in a separate case in April. Facebook also argued that its text messages, warning customers that someone had accessed their account, were not meant to be prohibited by a law against unwanted robocalls. But the court said the purpose of the law -- "protecting privacy by restricting unsolicited, automated telephone calls" -- applies to the texts cited in the lawsuit, which somehow were sent to the cell phone of a non-Facebook member. The ruling is "an important decision that protects consumer privacy," said Sergei Lemberg, Esq. lawyer for the plaintiff, Noah Duguid of Stevensville, Mont. The case was heard by a judge in San Francisco because Facebook is headquartered in Menlo Park. SUBSCRIBER BENEFIT Did you know you have 10% off at San Francisco Wine School? There was no immediate comment from Facebook or its lawyers. In court filings, the lawyers said the 1991 law was not intended "to hold companies like Facebook liable to the tune of potentially hundreds of millions of dollars for their efforts to protect their users' privacy and security." Duguid said he received the first text messages in January 2014, saying someone had accessed his Facebook account, an account that did not exist. He said he emailed a complaint to Facebook three months later and got an automated response. In October 2014, he said, he replied to another message by texting the word "off," and Facebook responded that its texts were now off, but the messages resumed later that day. [GN] FASHION NOVA: Johnson Sues Over Unsolicited Text Messages --------------------------------------------------------- KAREN JOHNSON, individually and on behalf of all others similarly situated, Plaintiff, v. FASHION NOVA, INC., a California corporation, Defendant, Case No. 3:19-cv-03505 (N.D. Cal., June 19, 2019) is a Class Action Complaint and Demand for Jury Trial against Defendant to stop Fashion Nova from violating the Telephone Consumer Protection Act, and to otherwise obtain injunctive and monetary relief for all persons injured by Fashion Nova's conduct. Part of Fashion Nova's marketing plan includes sending text messages en masse to consumers regarding promotions that direct consumers to purchase clothing from FashionNova.com. Unfortunately, such text messages are sent using an autodialer without the necessary express written consent. To make matters worse, consumers are receiving multiple text messages, regardless of whether they have their phone numbers registered on the Do Not Call registry. In Plaintiff's case, she received at least 2 autodialed text messages to her cellular phone from Defendant directing her to purchase items from FashionNova.com. In response to these text messages, Plaintiff files this class action lawsuit seeking injunctive relief, requiring Fashion Nova to cease sending of unsolicited, autodialed text messages to consumers' cellular telephone numbers, and to other phone numbers registered on the DNC, as well as an award of statutory damages to the members of the Classes, says the complaint. Plaintiff Johnson is a Concord, California resident. Fashion Nova operates 5 retail locations in California and operates an online retail store at FashionNova.com.[BN] The Plaintiff is represented by: David S. Ratner, Esq. David Ratner Law Firm, LLP 33 Julianne Court Walnut Creek, CA 94595 - and - Rachel Kaufman, Esq. KAUFMAN P.A. 400 NW 26th Street Miami, FL 33127 Phone: (305) 469-5881 Email: rachel@kaufmanpa.com FIRST AMERICAN: Fails to Protect Customers' PII, Mohr Suit Claims ----------------------------------------------------------------- JACQUELINE MOHR, Individually and On Behalf of All Others Similarly Situated v. FIRST AMERICAN FINANCIAL CORPORATION and FIRST AMERICAN TITLE COMPANY, Case No. 8:19-cv-01102 (C.D. Cal., June 4, 2019), alleges that the Defendants have neglected their duty and allowed access their customers' personally identifiable information ("PII"), including bank account numbers, Social Security numbers, financial and tax records, and images of drivers' licenses. First American Financial Corporation is incorporated under the laws of the state of Delaware with its principal place of business and headquarters located in the City of Santa Ana, California. First American Title Company is a California corporation with its principal place of business in Santa Ana. First American is the largest title insurance company in the United States with an estimated $5.3 billion per year in revenue derived from title insurance and other real estate closing services.[BN] The Plaintiff is represented by: Geoff J. Spreter, Esq. Benjamin D. Petiprin, Esq. SPRETER & PETIPRIN, APC 601 3rd Street Coronado, CA 92118 Telephone: (619) 865-7986 E-mail: geoff@spreterlaw.com ben@spreterpetiprin.com GLOBAL CONTACT: Agresti Sues Over Unpaid Spread-of-Hours Wages -------------------------------------------------------------- PAUL AGRESTI and SONIA SANTOS, individually and on behalf of others similarly situated v. GLOBAL CONTACT SERVICES, LLC, Case No. 653274/2019 (N.Y. Sup., New York Cty., June 4, 2019), alleges that the Defendant failed to pay the Plaintiffs and the class the required daily spread-of-hours compensation pursuant to the New York Labor Law. Global Contact Services, LLC, is a Delaware Limited Liability Company. The Company is a registered foreign LLC that maintains its principal place of business in Long Island City, New York. GCS provides call center services to the New York City Transit Authority ("NYCTA"). GCS currently employs some 600 to 700 individuals who, in part, answer calls and arrange for passenger pickups.[BN] The Plaintiffs are represented by: Arthur Z. Schwartz, Esq. Richard Soto, Esq. ADVOCATES FOR JUSTICE, CHARTERED ATTORNEYS 225 Broadway, Suite 1902 New York, NY 10007 Telephone: (212) 285-1400 E-mail: aschwartz@afjlaw.com rsoto@afjlaw.com GLOBAL RADAR: Accused by Job Suit of Violating FCRA --------------------------------------------------- JUSTIN JOB, on behalf of himself and all others similarly situated v. GLOBAL RADAR ACQUISITION, LLC, d.b.a. GLOBAL HR RESEARCH, a foreign limited liability company , f.k.a. RADAR POST CLOSING HOLDING COMPANY, INC. f.k.a., GLOBAL HR RESEARCH, INC. and DOES 1 through 10, Inclusive, Case No. 3:19-cv-03103 (N.D. Cal., June 4, 2019), accuses the Defendants of violating the Fair Credit Reporting Act. Mr. Job contends that Global Radar's FCRA form is unlawful on two separate grounds: the FCRA form violates the standalone document requirement, and it violates the "clear and conspicuous disclosure" requirement. The Global Radar entities are providers of human resource materials and support for hundreds of businesses nationwide and in the state of California. Global Radar also provides credit, consumer and criminal background checks ("consumer reports") and provides such services to companies like Herman Integration Services, LLC, where the Plaintiff sought employment.[BN] The Plaintiff is represented by: Timothy D. Cohelan, Esq. Michael D. Singer, Esq. J. Jason Hill, Esq. COHELAN KHOURY & SINGER 605 C Street, Suite 200 San Diego, CA 92101 Telephone: (619) 595-3001 Facsimile: (619) 595-3000 E-mail: tcohelan@ckslaw.com msinger@ckslaw.com jhill@ckslaw.com - and - Ian Pancer, Esq. THE LAW OFFICE OF IAN PANCER 105 West F St., 4th Floor San Diego, CA 92101 Telephone: (619) 955-6644 Facsimile: (619) 374-7410 E-mail: ian@sandiegolegal.net GREENLIGHT ENERGY: Sells Overpriced Electricity, Williams Suit Says ------------------------------------------------------------------- Brian Williams, an individual and others similarly situated, Plaintiff, v. Greenlight Energy Inc., Defendant, Case No. 708394/2019, (N.Y. Sup., May 13, 2019), seeks redress for the deceptive and bad faith pricing practices of the Defendant in that it overprices its electricity in breach of contract and in violation of New York General Business Law. Greenlight is an independent energy company who buys electricity at wholesale for resale to retail customers in New York. Greenlight allegedly lures consumers into switching energy suppliers with promises that it offers market-based variable rates for electricity despite the fact that its "variable" rates are substantially higher than those otherwise available in the energy market. Brian Williams is a citizen of New York residing in Shandaken, New York. Mr. Williams was a customer of Greenlight from approximately March 2014 through February 2019. [BN] Plaintiff is represented by: Jonathan Shub, Esq. Kevin Laukaitis, Esq. KOHN, SWIFT & GRAF, P.C. 1600 Market Street, Suite 2500 Philadelphia, PA 19103 Tel: (215) 238-1700 Email: jshub@kohnswift.com klaukaitis@kohnswift.com - and - Daniel K. Bryson, Esq. WHITFIELD BRYSON &MASON LLP 900 W. Morgan Street Raleigh, NC 27603 Tel: (919) 600-5000 Fax: (919) 600-5035 Email: dan@wbmllp.com - and - Gregory F. Coleman, Esq. GREG COLEMAN LAW PC First Tennessee Plaza 800 S. Gay Street, Suite 1100 Knoxville, TN 37929 Tel: (865) 247-0080 Email: greg@gregcolemanlaw.com GRIFFIN TECHNOLOGY: Diaz Asserts Breach of ADA in New York ---------------------------------------------------------- Griffin Technology, LLC is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled as Edwin Diaz, on behalf of himself and all others similarly situated, Plaintiff v. Griffin Technology, LLC, Defendant, Case No. 1:19-cv-05737 (S.D. N.Y., June 19, 2019). Griffin Technology, Inc. designs, manufactures, and delivers accessories for personal computing and digital media markets worldwide. It offers products for various applications, such as computer, TV, stereo system, MP3 players, musical instruments, FM transmitters, and wireless sound systems. The company offers its products through retailers and online in the Americas, Europe, and Asia. Griffin Technology, Inc. was founded in 1992 and is based in Nashville, Tennessee. As of August 5, 2016, Griffin Technology, Inc. operates as a subsidiary of Incipio Group.[BN] The Plaintiff is represented by: Joseph H Mizrahi, Esq. Cohen & Mizrahi LLP 300 Cadman Plaza West, 12th Floor Brooklyn, NY 11201 Tel: (929) 575-4175 Fax: (929) 575-4195 Email: joseph@cml.legal GRUBHUB INC: Marshall Seeks to Block Future Nonconsensual Calls --------------------------------------------------------------- DONNA MARSHALL, individually and on behalf of others similarly situated v. GRUBHUB INC., Case No. 1:19-cv-03718 (N.D. Ill., June 4, 2019), is brought for money damages to secure redress for Grubhub's alleged nonconsensual, computerized-voice calls to the Plaintiff's and others' cellular telephone numbers, and to enjoin future nonconsensual calls pursuant to the Telephone Consumer Protection Act. Grubhub has called her cellular telephone number dozens, or possibly even hundred of times, effectively preventing her from using her phone, and clogging up her voice mail, the Plaintiff alleges. Grubhub Inc. is a corporation headquartered in Chicago, Illinois. Grubhub is the nation's leading online and mobile food-ordering and delivery marketplace with the largest and most comprehensive network of restaurant partners, as well as the largest diner base. Grubhub works with more than 115,000 restaurant partners in over 2,200 U.S. cities and London. The Grubhub portfolio of brands includes Grubhub, Seamless, LevelUp, Tapingo, AllMenus and MenuPages.[BN] The Plaintiff is represented by: Alexander H. Burke, Esq. Daniel J. Marovitch, Esq. BURKE LAW OFFICES, LLC 155 N. Michigan Ave., Suite 9020 Chicago, IL 60601 Telephone: (312) 729-5288 E-mail: aburke@burkelawllc.com dmarovitch@burkelawllc.com - and - James M. Feagle, Esq. Clifton Dorsen, Esq. SKAAR & FEAGLE, LLP 2374 Main Street, Suite B Tucker, GA 30084 Telephone: (404) 373-1970 E-mail: jfeagle@skaarandfeagle.com cdorsen@skaarandfeagle.com - and - Justin T. Holcombe, Esq. Kris K. Skaar, Esq. SKAAR & FEAGLE, LLP 133 Mirramont Lake Drive Woodstock, GA 30189 Telephone: (770) 427-5600 E-mail: jholcombe@skaarandfeagle.com kskaar@skaarandfeagle.com HEALTH INSURANCE: Removes Parker RICO Suit to S.D. Florida ---------------------------------------------------------- The Defendants removed on June 5, 2019, the class action lawsuit titled PATRICIA PARKER, and ABIGAIL SAYO, Individually and On Behalf Of All Others Similarly Situated v. HEALTH INSURANCE INNOVATIONS, INC., and HEALTH PLAN INTERMEDIARIES HOLDINGS, LLC, Case No. 2019-012082-CA-01, from the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, to the U.S. District Court for the Southern District of Florida. The District Court Clerk assigned Case No. 1:19-cv-22316-KMW to the proceeding. On April 19, 2019, Plaintiffs Patricia Parker and Abigail Sayo filed a Class Action Complaint for Violations of Florida RICO Act and Other Claims (the "Complaint") against the Defendants. The Complaint asserts putative class action claims for alleged violations of the Florida RICO Act (Count I), conspiracy to commit fraud (Count II), fraud (Count III), aiding and abetting breach of fiduciary duty (Count IV), and failure to procure (Count V).[BN] The Plaintiffs are represented by: Jeffrey R. Sonn, Esq. SONN LAW GROUP One Turnberry Place 19495 Biscayne Boulevard, Suite 607 Aventura, FL 33180 Telephone: (305) 912-3000 E-mail: jsonn@sonnlaw.com The Defendants are represented by: Garry W. O'Donnell, Esq. GREENSPOON MARDER LLP 2255 Glades Road, Suite 400-E Boca Raton, FL 33431 Telephone: (561) 994-2212 Facsimile: (561) 807-7527 E-mail: garry.odonnell@gmlaw.com HIPNATION OPERATIONS: Sent Unsolicited Text Ads, Acosta Suit Says ----------------------------------------------------------------- Marlon Acosta, on behalf of himself and other persons similarly situated v. Hipnation Operations & Solutions LLC and Access America Group,LLC, Case No. 2:19-cv-09315 (E.D. La., April 11, 2019), is brought against the Defendants for violation of the Telephone Consumer Protection Act. The Defendants violated the TCPA by sending telemarketing and or advertising text messages to the Plaintiff's cellular phone without obtaining requisite consent. The Plaintiff is a natural person and resident of the State of Louisiana. The Plaintiff received a telemarketing text message on his cellular phone from Defendants using an automatic telephone dialing system. The Defendant Hipnation provides a for-profit service that serves as an alternative to traditional health insurance. The Defendant AccessAmerica provides marketing and technical services to businesses. The Defendant HipNation retained AccessAmerica to provide text message marketing services. [BN] The Plaintiff is represented by: Jonathan Mille Kirkland, Esq. Roberto Luis Costales, Esq. William H. Beaumont, Esq. BEAUMONT COSTALES LLC 3801 Canal Street, Suite 207 New Orleans, LA 70119 Tel: (504) 534-5005 E-mail: jmk@beaumontcostales.com I.Q. DATA: Smilowitz Hits Confusing Collection Letter ----------------------------------------------------- Yoel Smilowitz, individually, and on behalf of a class of similarly situated persons, Plaintiffs, v. I.Q. Data International, Inc., Defendant, Case No. 19-cv-03002, (E.D. N.Y., May 21, 2019), seeks actual and statutory damages, costs, and reasonable attorneys' fees under the Fair Debt Collection Practices Act. I.C. System, Inc. is in the business of the collection of debts allegedly owed by consumers. It attempted to collect from Smilowitz an alleged defaulted financial obligation with a past-due balance with an offer of settlement. Smilowitz claims that the collection letter contains multiple addresses thus creating confusion as to where to dispute the debt in writing. [BN] Plaintiff is represented by: Craig B. Sanders, Esq. BARSHAY SANDERS, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Tel: (516) 203-7600 Fax: (516) 706-5055 Email: ConsumerRights@BarshaySanders.com INCLAN PAINTING: Painters Seek Unpaid Overtime Wages ---------------------------------------------------- Osvaldo Souffront, Jeffry Souffront, and other similarly situated individuals, Plaintiffs, v. Inclan Painting and Waterproofing, Corp., Luis Inclan and Babar Inclan, Defendants, Case No. 19-cv-22044, (S.D. Fla., May 21, 2019) seeks to recover unpaid overtime compensation, as well as an additional amount as liquidated damages, costs and reasonable attorneys' fees under the Fair Labor Standards Act. Defendants operate a construction company where Plaintiffs worked as painters. They claim to have worked approximately an average of 60-67 hours per week without being paid overtime compensation. [BN] The Plaintiff is represented by: R. Martin Saenz, Esq. SAENZ & ANDERSON, PLLC 20900 NE 30th Avenue, Ste. 800 Aventura, FL 33180 Telephone: (305) 503-5131 Facsimile: (888) 270-5549 Email: msaenz@saenzanderson.com INTEGON PREFERRED: Washington Suit Asserts Breach of Contract ------------------------------------------------------------- Dana Washington, individually and on behalf of all others similarly situated, Plaintiff, v. Integon Preferred Insurance Company, Defendants, Case No. 19-cv-00950 (M.D. Fla., May 21, 2019), asserts a claim for breach of contract based on Defendant's failure to include sales tax, title transfer fees and tag transfer fees when making payment to its insureds after the total loss of an insured vehicle, notwithstanding its contractual obligation to do so. Washington is under an automobile policy issued for auto physical damage, including comprehensive and collision coverage, which requires payment of an "Actual Cash Value" together with mandatory regulatory taxes, costs and fees in order to replace the vehicle. Integon Preferred Insurance systematically underpays amounts it owes its insureds concerning total loss vehicles insured with comprehensive and collision coverage and also fails to include title transfer fees, tag transfer fees, and/or sales taxes when making payment to its insureds after the total loss of an insured vehicle. Integon is an auto insurance carrier operating in Florida offering comprehensive and collision coverage. [BN] Plaintiff is represented by: Andrew John Shamis SHAMIS & GENTILE, PA Suite 1205, 14 NE 1st Ave. Miami, FL 33132 Tel: (305) 479-2299 Fax: (786) 623-0915 Email: ashamis@sflinjuryattorneys.com - and - Rachel Dapeer, Esq. DAPEER LAW, P.A. 300 S. Biscayne Blvd, #2704 Miami, FL 33131 Telephone: (305) 610-5223 - and - Edmund A. Normand, Esq. Jacob Phillips, Esq. NORMAND PLLC 3165 McCrory Place, Suite 175 Orlando, FL 32803 Tel: (407) 603-6031 Email: ed@ednormand.com jacob.phillips@normandpllc.com - and - Scott Adam Edelsberg EDELSBERG LAW, PA 2875 NE 191st Street, Suite 703 Aventura, FL 33180 Tel: (305) 975-3320 Email: scott@edelsberglaw.com IOWA: Experts Decry Use of Restraints at School ----------------------------------------------- KCRG-TV9 News Staff reports that two psychiatric experts testifying in a lawsuit against the Iowa Human Services Department said the use of isolation and restraints at the state school for delinquent boys can cause them long-lasting psychological harm. Psychologist Andrea Weisman testified in U.S. District Court in Des Moines that a Velcro and leather contraption called "the wrap" used to restrain boys at the State Training School for Boys in Eldora is "akin to a torture device." But state officials testified that the measures are used only as last resorts to protect the safety of students and staff members when boys become agitated and violent. The class-action lawsuit filed in November 2017 by two advocacy groups says the school fails to provide adequate mental health care to the boys. Judge Stephanie Rose is overseeing the nonjury trial and will decide whether changes should be ordered. The plaintiffs aren't seeking monetary damages. The Des Moines Register reported that Weisman and psychologist Stuart Grassian testified that many states have stopped using solitary confinement and restraints at facilities for troubled teens, making the facilities safer because the students are less agitated. Many of the delinquent teens have histories of mental illness caused by childhood abuse and neglect, Weisman and Grassian said. Isolation and restraint can retrigger the damage from previous traumas, making the boys lose control, the two testified. The school administrators "need to understand that kids may not just be misbehaving — they may be sick," Weisman said. Administrators testified that the facility tries to minimize the use of restraints and isolation. Human Services Department Director called the Eldora facility school "the placement of last resort" for boys who have committed serious crimes and have failed to succeed at less-restrictive programs. The school superintendent since 2008, Mark Day, testified on June 13 that he and his staff strive to make the facility feel more like a campus than a prison. He grew emotional when talking about the Christmas breakfast he and his family serve boys unable to go home for the holiday. "It's hard to be vilified when you know what's really going on," Day told Rose. [GN] IQ DATA: Riesel Disputes Amount of Alleged Debt Owed ---------------------------------------------------- Jessica Riesel, individually, and on behalf of a class of similarly situated persons, Plaintiffs, v. I.Q. Data International, Inc., Defendant, Case No. 19-cv-04692, (S.D. N.Y., May 21, 2019), seeks actual and statutory damages, costs, and reasonable attorneys' fees under the Fair Debt Collection Practices Act. I.Q. Data is in the business of collecting debts allegedly owed by consumers. It attempted to collect from Riesel an allegedly defaulted financial obligation with a past-due balance with an offer of settlement. Riesel disputes the $11,101.01 that I.Q. Data is attempting to collect. [BN] Plaintiff is represented by: Craig B. Sanders, Esq. BARSHAY SANDERS, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Tel: (516) 203-7600 Fax: (516) 706-5055 Email: ConsumerRights@BarshaySanders.com IRON LION: Riddle Seeks Unpaid Overtime, Damages Under FLSA ----------------------------------------------------------- DONALD RIDDLE, individually and on behalf of all other similarly situated individuals v. IRON LION ENTRIES, LLC, a Tennessee corporation, DACE MURPHY, THOMAS MURPHY, and ANTHONY MANTEGANI, Case No. 3:19-cv-00482 (M.D. Tenn., June 5, 2019), seeks to recover alleged unpaid overtime wages and liquidated damages pursuant to the Fair Labor Standards Act. Iron Lion Entries, LLC, is a Tennessee limited liability corporation headquartered in Franklin, Tennessee. The Individual Defendants are members of ILE and have operational control over ILE. The Defendants install wrought iron entry doors and architectural steel doors in residential and commercial locations throughout the Southeast United States.[BN] The Plaintiff is represented by: Randall W. Burton, Esq. LAW OFFICE OF RANDALL BURTON 1222 16th Avenue, South, Suite 23 Nashville, TN 37212 Telephone: (615) 620-5838 J.G. WENTWORTH: Burner Suit Alleges FLSA Violation -------------------------------------------------- David Burner, individually and on behalf of all others similarly situated v. J.G. Wentworth Home Lending LLC, Case No. 1:19-cv-00457 (E.D. Va., April 12, 2019), is brought against the Defendant for violation of the Fair Labor Standards Act. The Defendant violated the FLSA by not accurately tracking and counting total hours worked, including overtime hours and by failing to include all required remuneration into the regular rate of pay to calculate overtime. The Plaintiff was employed by the Defendant as a Loan Officer, approximately June 2014 to October 2017, whose primary job duties involved selling Defendant's loan products to individuals over the telephone from a call center. The Defendant is a national provider of home loan mortgages. [BN] The Plaintiff is represented by: Jacob M. Small, Esq. J. MADISON PLC 9302 Lee Highway, Suite 1200 McLean, VA 22031 Tel: (703) 910-5062 Fax: (703) 910-5107 E-mail: jmsmall@jmadisonplc.com JUMIA TECHNOLOGIES: Cohen Milstein Conducting Probe --------------------------------------------------- Cohen Milstein Sellers & Toll PLLC is conducting an investigation to determine whether Jumia Technologies AG and certain of its officers and directors made false and misleading statements and/or omissions in violation of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. A class action lawsuit was filed in the U.S. District Court for the Southern District of New York by another law firm on behalf of purchasers of the common stock of Jumia Technologies AG (JMIA) between April 12, 2019 and May 9, 2019, inclusive (the "Class Period"). The complaint alleges that Jumia and certain of its officers and directors ("Defendants") misrepresented and/or failed to disclose that: (1) Jumia had materially overstated its active customers and active merchants; (2) Jumia's representations about its orders, order cancellations, undelivered orders and returned orders lacked a sufficient factual basis and materially overstated the Company's sales; (3) Jumia failed to sufficiently disclose related party transactions; and (4) Jumia's financial statements were presented in violation of applicable accounting standards. The Company sold 15.5 million ADSs priced at $14.50 on April 12, 2019. The Class Period begins the day Jumia ADSs began trading on the New York Stock Exchange. Less than one month after trading began, on May 9, 2019, Citron Research issued a report declaring Jumia to be a "fraud" that "deserves immediate SEC attention." Citron claimed to have a "smoking gun," in the form of a confidential October 2018 investor presentation the Company used to raise capital months before its initial public offering. Jumia ADSs fell from $33.11 to $26.89 on May 9 and lost an additional $2.39 to close at $24.50 on May 10, representing a two-day decline of approximately 26%. Cohen Milstein encourages all investors who purchased Jumia's common stock between April 12, 2019 and May 9, 2019, or former employees with information concerning this matter to contact the firm. If you are a Jumia shareholder and would like to discuss your right to recover for your economic loss, you may, without any cost or obligation, call Cohen Milstein's Managing Partner, Steven J. Toll at (888) 240-0775 or (202) 408-4600, or email him at stoll@cohenmilstein.com. If you wish to serve as lead plaintiff, you must move the Court no later than July 15, 2019 to request appointment. Any member of the proposed class may retain Cohen Milstein or other attorneys to serve as your counsel in this action, or you may do nothing and remain an absent class member. Cohen Milstein has significant experience in prosecuting investor class actions and actions involving securities fraud and is active in major litigation pending in federal and state courts throughout the nation. Cohen Milstein has taken a lead role in numerous important cases on behalf of defrauded investors and has been responsible for a number of outstanding recoveries which, in the aggregate, total billions of dollars. Prior results do not guarantee a similar outcome. For more information visit www.cohenmilstein.com. If you have any questions about this notice or the action, or with regard to your rights please contact: Steven J. Toll, Esq. Marie Mullins, Esq. Cohen Milstein Sellers & Toll PLLC 1100 New York Avenue, N.W. Fifth Floor Washington, D.C. 20005 Phone: (888) 240-0775 (202) 408-4600 Email: stoll@cohenmilstein.com mmullins@cohenmilstein.com [GN] KIDS TOWN: Minyety Suit Seeks to Recover Overtime Pay and Damages ----------------------------------------------------------------- JUAN MINYETY, on behalf of himself, FLSA Collective Plaintiffs and the Class v. KIDS TOWN, INC., KIDSTOWN 161 STREET LLC, VERSACE RETAIL SYSTEMS LLC, HL KIDS APPAREL CORP., 991 SOUTHERN BOULEVARD ASSOCIATES LLC, JOSEPH SUTTON and MARC SUTTON, Case No. 1:19-cv-05273 (S.D.N.Y., June 5, 2019), alleges that pursuant to the Fair Labor Standards Act, the Plaintiff and others are entitled to recover from the Defendants: (1) unpaid overtime compensation, (2) liquidated damages and (3) attorneys' fees and costs. The Defendants operate a chain of children's apparel retail stores under the common trade name "Kidstown," with five locations in New York City. Kids Town, Inc., is a domestic business corporation organized under the laws of the state of New York. Kidstown 161 Street LLC is a domestic limited liability company organized under the laws of New York. Versace Retail Systems LLC is a foreign limited liability company organized under the laws of New Jersey. HL Kids Apparel Corp. is a domestic business corporation organized under the laws of New York. 991 Southern Boulevard Associates LLC is a domestic limited liability company organized under the laws of New York. The Individual Defendants owned and operated the Kidstown Stores.[BN] The Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, 8th Floor New York, NY 10011 Telephone: (212) 465-1188 Facsimile: (212) 465-1181 E-mail: cklee@leelitigation.com anne@leelitigation.com KOSTMAYER CONSTRUCTION: Baez-Acuna Seeks to Recover Unpaid OT Wages ------------------------------------------------------------------- Jose Baez-Acuna, on behalf of himself and other persons similarly situated v. Kostmayer Construction, LLC, Hiram Investments, LLC, and James H. Kostmayer, Jr., Case No. 2:19-cv-09314 (E.D. La., April 11, 2019), is brought against the Defendants for violation of the Fair Labor Standards Act. The Plaintiff worked as a sandblaster, helper and painter by the Defendants in approximately 2012. The Plaintiff is a permanent resident of the United States and Mexico. The Plaintiff seeks to recover unpaid overtime wages from the Defendants. The Plaintiff alleged that while working for the Defendants, he was not paid one-and-a half times his regular hourly rate for all hours worked in excess of forty hours a workweek. The Defendant Kostmayer is in the business of providing full-service marine fabrication facilities, performing extensive piping work in petrochemical and industrial plants, building material handling systems, and performing heavy civil construction work throughout the Gulf Coast states, including Louisiana. The Defendant is a professional, commercial real estate company that provides a full range of services including leasing, property management and development for office, warehouse and retail spaces in Louisiana. The Defendant James Kostmayer, is an owner, President, Manager, and Director of Defendants Kostmayer and Hiram. [BN] The Plaintiff is represented by: Jonathan Mille Kirkland, Esq. Roberto Luis Costales, Esq. William H. Beaumont, Esq. BEAUMONT COSTALES LLC 3801 Canal Street, Suite 207 New Orleans, LA 70119 Tel: (504) 534-5005 E-mail: jmk@beaumontcostales.com LABORATORY CORP: Shulman Files Class Suit in North Carolina ----------------------------------------------------------- A class action lawsuit has been filed against Laboratory Corporation of America Holdings. The case is styled as Tatyana Shulman, individually and on behalf of all those similarly situated, Plaintiff v. Laboratory Corporation of America Holdings, Defendant, Case No. 1:19-cv-00616 (M.D. N.C., June 19, 2019). The nature of suit is stated as Personal Property-Other. Laboratory Corporation of America Holdings, more commonly known as LabCorp, is an American S&P 500 company headquartered in Burlington, North Carolina. It operates one of the largest clinical laboratory networks in the world, with a United States network of 36 primary laboratories.[BN] The Plaintiff is represented by: David Matthew Wilkerson, Esq. Van Winkle Buck Wall Starnes & Davis, P.A. POB 7376 Asheville, NC 28802 Tel: (828) 258-2991 Fax: (828) 257-2767 Email: dwilkerson@vwlawfirm.com LE ENERGY: Charvat Sues Over Unsolicited Calls ---------------------------------------------- Philip Charvat, individually and on behalf of a class of all persons and entities similarly situated v. Le Energy, LLC dba Utility Gas & Power, Case No. 2:19-cv-1325 (S.D. Ohio, April 9, 2019), is brought against the Defendant for violation of the Telephone Consumer Protection Act. The complaint alleges that the Defendant made a pre-recorded telemarketing call to the Plaintiff's residential telephone number without obtaining his prior express consent, which is prohibited by the TCPA. The Plaintiff is a resident of the state of Ohio in this district. The Plaintiff never consented to receiving the call, which was placed to him by the Defendant for telemarketing purposes. The Defendant LE Energy regularly engages in business in this district, including making telemarketing calls into this district and soliciting business from this district for its regionalized energy programs. [BN] The Plaintiff is represented by: Brian K. Murphy, Esq. Jonathan P. Misny, Esq. MURRAY MURPHY MOUL + BASIL LLP 1114 Dublin Road Columbus, OH 43215 Tel: (614) 488-0400 Fax: (614) 488-0401 E-mail: murphy@mmmb.com misny@mmmb.com LLOYD'S LONDON: Sept. 18 Settlement Fairness Hearing Set -------------------------------------------------------- IF YOU PURCHASED INSURANCE THROUGH CERTAIN SYNDICATES AT LLOYD'S, LONDON DURING THE PERIOD JANUARY 1, 1997, THROUGH MARCH 25, 2019, YOU COULD GET MONEY FROM A PARTIAL CLASS ACTION SETTLEMENT THAT MAY AFFECT YOUR RIGHTS A proposed partial class action settlement has been reached with some, but not all, of the Lloyd's Syndicates who are Defendants in the case and sold insurance to policyholders in the United States. Plaintiffs assert causes of action against the Defendants for violation of the Racketeer Influenced and Corrupt Organizations Act, civil conspiracy, and unjust enrichment based on allegations that Defendants engaged in a deceptive scheme to conceal the lack of competition in the Lloyd's Market. The Settling Defendants deny the allegations made against them. The Syndicates that have settled are Syndicate Nos. 0033, 0102, 0382, 0435, 0570, 0609, 0623, 0958, 1183, 1886, 2001, 2623, and 2987 (the "Settling Defendants"). The Syndicates who are Defendants in the case, but who have not settled, are Syndicate Nos. 0510, 0727, 1003, 1084, 1096, 1245, 2003, 2020, 2488, and 2791 (the "Non-Settling Defendants"). The case will continue to be litigated against the Non-Settling Defendants. WHAT ARE YOUR LEGAL RIGHTS AND IMPORTANT DEADLINES? If you do not want to be legally bound by the Settlement, you must exclude yourself in writing from the Class by August 28, 2019. The steps you must follow to be excluded are described in the Long-form Notice, which is available at www.SyndicateSettlement.com. You can also obtain a copy of the Long-form Notice by mail or email by calling the toll-free number at 1-877-298-4134 between the hours of 8:00 a.m. and 5:00 p.m. Central Time, or by emailing info@SyndicateSettlement.com. If you do not exclude yourself, but instead stay in the Class, you may object or comment on the Settlement, the Plan of Allocation, the application for attorneys' fees and expenses, or service awards to the class representatives by August 28, 2019. The procedure on how to object or comment is described in the Long-form Notice at www.SyndicateSettlement.com. There is a Fairness Hearing scheduled on September 18, 2019, at 10:30 a.m. Eastern Time, at which the Court will consider whether to approve the Settlement, the Plan of Allocation, an award of attorneys' fees and expenses, and service awards for the class representatives. The hearing will take place in Courtroom 5B in the United States Courthouse located at Martin Luther King Building and U.S. Courthouse, 50 Walnut Street, Newark, New Jersey 07101. The Court may choose to change the date and/or time of the hearing without further notice of any kind. If you plan to attend the hearing, you should confirm the date and time by checking the website at www.SyndicateSettlement.com or by calling the toll-free number at 1-877-298-4134. At the hearing, the Court will consider objections that have been properly made by Class members. If the Court finds the Settlement to be fair, reasonable and adequate, it will approve the Settlement. You may choose to attend the hearing, either in person or through an attorney hired at your own expense, but attendance is not required. If you choose to attend the hearing and intend to make a presentation to the Court, you or your attorney must follow the procedures set forth in the Long-form Notice, at www.SyndicateSettlement.com. A NOTICE OF INTENTION TO APPEAR MUST BE RECEIVED BY THE COURT AND THE COUNSEL IDENTIFIED BELOW NO LATER THAN AUGUST 28, 2019. If the Court approves the Settlement, then the Settling Defendants will be dismissed from the case. Class members who have not properly requested exclusion from the Class will be deemed to have released the Settling Defendants from all claims related to the case and will not be able to sue the Settling Defendants for any of the conduct that was the subject of the case. The full text of the Release is set forth in the Long-form Notice at www.SyndicateSettlement.com. WHO IS INCLUDED IN THE CLASS? The Settlement affects members of the Class, which are, with certain limited exceptions, all persons and entities in the United States who, during the period January 1, 1997, through March 25, 2019 (the "Class Period"), purchased or renewed a contract of insurance (an insurance policy, not reinsurance) with any of the Defendants. The complete description of the Class is set forth in the Long-form Notice at www.SyndicateSettlement.com. WHAT DOES THE SETTLEMENT PROVIDE? The Settling Defendants have agreed to make separate payments to settle the claims against them. The total amount of these payments is $21,950,000. After deducting the amounts approved by the Court for settlement and claims administration costs, attorneys' fees and litigation expenses, and service awards for the class representatives, these funds will be paid to members of the Class. Each Settling Defendant that pays its individual share is entitled to the release and other provisions of the Settlement. In addition, each of the Settling Defendants that still sell insurance at Lloyd's of London has agreed to implement business reforms for a five-year period. The complete description of these business reforms is set forth in the Long-form Notice at www.SyndicateSettlement.com. WHO WILL RECEIVE A PAYMENT? Payments to Class members will be according to the Plan of Allocation, which is included in the Long-form Notice at www.SyndicateSettlement.com. To receive a payment, Class members must submit a Claim Form by October 25, 2019, as more fully described in the next paragraph. HOW DO I RECEIVE A PAYMENT FROM THE SETTLEMENT? To be eligible for a payment, a Class member must submit a Claim Form on or before October 25, 2019. Claim Forms are available at www.SyndicateSettlement.com. Claim Forms can be requested from the Claims Administrator by calling the toll-free number at 1-877-298-4134 between the hours of 8:00 a.m. and 5:00 p.m. Central Time, or by email at info@SyndicateSettlement.com. Claim Forms can be completed online at www.SyndicateSettlement.com, or mailed to the Claims Administrator at Syndicate Settlement, c/o A.B. Data, Ltd., P.O. Box 173075, Milwaukee, WI 53217. If the Court finally approves the Settlement, each Class member who wishes to claim part of the Settlement must submit a Claim Form by October 25, 2019. It is the responsibility of the Class member to provide truthful and accurate information, and to update any information, including contact and address information, to the Claims Administrator, when appropriate. WHO ARE THE ATTORNEYS FOR THE CLASS AND THE SETTLING DEFENDANTS? The Attorneys for the Class are: Rachel L. Jensen ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Robert S. Schachter ZWERLING, SCHACHTER & ZWERLING, LLP 41 Madison Avenue New York, NY 10010 The Attorneys for the Settling Defendants are: Matthew M. Burke ROBINS KAPLAN LLP Prudential Tower 800 Boylston Street, Suite 2500 Boston, MA 02199 John M. Toriello HOLLAND & KNIGHT LLP 31 West 52nd Street, 12th Floor New York, NY 10019 Abigail Nitka MESSNER REEVES LLP 805 Third Avenue, 18th Floor New York, NY 10022 HOW CAN I OBTAIN ADDITIONAL INFORMATION? If you think that you may be a Class Member, you can obtain more information, including a copy of the Long-form Notice, the Claim Form, the Settlement Agreement, and other documents relating to the Settlement. PLEASE DO NOT CONTACT THE COURT OR THE CLERK LOCO FOOD: Knowles Asserts Breach of Disabilities Act ----------------------------------------------------- Loco Food LLC is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled as Carlton Knowles, on behalf of himself and all others similarly situated, Plaintiff v. Loco Food LLC, Defendant, Case No. 1:19-cv-04125 (N.D. Ill., June 19, 2019). Loco Food LLC (trade name Fat Rice) is in the Chinese Restaurant business.[BN] The Plaintiff is represented by: C.K. Lee, Esq. Lee Litigation Group, PLLC 73 West Monroe Street Chicago, IL 60603 Tel: (212) 465-1188 Email: cklee@leelitigation.com LOS ANGELES, CA: LA DWP GM to Step Down After Controversial Deal ---------------------------------------------------------------- Dakota Smith, writing for Los Angeles Times, reports that David Wright, general manager of the Los Angeles Department of Water and Power since 2016, will step down Oct. 1, 2019, Mayor Eric Garcetti's office said on June 14. His planned departure follows new controversy over the $67-million settlement in 2017 of a class-action lawsuit brought by DWP customers who were overcharged when the utility rolled out a new billing system. A Los Angeles Superior Court judge earlier this month appointed an investigator to scrutinize issues surrounding the settlement, including multimillion-dollar DWP contracts given to an attorney involved in the legal agreement. On June 13 night, Wright declined to comment when asked if he was stepping down. Wright replaced general manager Marcie Edwards and previously served as the utility's chief operating officer. During his time at the utility, Wright focused on fixing the billing system and improving customer service after hundreds of thousands of customers were overcharged following the implementation of a new billing system in 2013. He also worked to reduce reliance on imported water, promoted clean energy and took "important steps towards building the DWP of the future," Garcetti said in a statement. The DWP also recently announced plans to abandon rebuilding three gas-fired power plants, delighting environmentalists supportive of Garcetti's move to get off fossil fuels. However, the International Brotherhood of Electrical Workers Local 18, the largest union representing DWP employees, opposed the decision and recently launched a television and radio campaign attacking the mayor's green proposals. The union fears job losses under Garcetti's recently released "Green New Deal." Garcetti said in the statement he has nominated DWP chief operating officer Marty Adams, a 35-year-veteran of the utility, to be the next general manager. Adams' appointment requires City Council approval. Wright is the third general manager to depart the utility under Garcetti. Garcetti was elected mayor after running a campaign focused on reforming the DWP, but controversies persist at the utility, including recent allegations stemming from the overbilling fiasco. The allegations were first made in court documents by PricewaterhouseCoopers, the consulting firm behind the billing system. The city sued the firm, also known as PwC, accusing it of misrepresenting its ability to implement the system. The city faces accusations from PwC that attorneys working for City Atty. Mike Feuer took part in a scheme to quickly settle the class-action lawsuit brought by DWP ratepayers by hand-picking the plaintiff and the opposing attorneys who filed the claim, according to court testimony. At issue is whether attorneys worked both sides of the deal and benefited financially from the settlement. Wright has not been accused of wrongdoing. Feuer's office has also denied wrongdoing and issued a statement seeking to cast blame on two outside lawyers hired by the city attorney's office to work on issues related to the billing debacle. However, one of those attorneys, Beverly Hills lawyer Paul Kiesel, Esq. told The Times that his work was done at the "express direction" of Feuer's office. Judge Elihu M. Berle earlier this month appointed Edward M. Robbins, a former federal prosecutor, to investigate issues surrounding the settlement and payments to attorneys. At Wright's recommendation, the DWP in 2017 approved a $30-million contract for a company owned by Paul Paradis, one of the attorneys hired by Feuer's office who allegedly played a central role in the settlement deal, according to court testimony. Paradis was previously awarded a separate contract from the DWP worth $6 million. His attorney didn't return a phone call on June 13 and Paradis has repeatedly declined to comment about his role. The DWP also hired Paradis' son at an annual salary of $72,000 in 2016, a spokesman for the utility confirmed. The utility also paid for a $4,000 graduate school course for the son, as part of the DWP's program to pay for advanced degrees. The son no longer works for the utility. As allegations against Paradis and others surfaced earlier this year, the DWP board voted to cancel the $30-million contract, though more than $20 million had been paid out. Los Angeles City Council members also called Wright and city attorneys to City Hall last month for a closed-door hearing about the contracts with Paradis and issues surrounding the settlement. Separately, Feuer's office is defending Wright and the DWP against a legal claim stemming from a 2017 car accident in downtown Los Angeles involving Wright. Plaintiffs Luis Sanchez and Luz Alvarez filed the claim last year, court documents show. Consumer Watchdog president Jamie Court called Wright's departure "good news for consumers" in light of the allegations surrounding the settlement, but criticized Garcetti's choice of a longtime DWP executive as a replacement. "Until the city council and the mayor realize that they need a fresh start with an outsider in charge, DWP customers and taxpayers are going to be disappointed with the failure to have a responsive department," Court said. Jasmin Vargas, a senior organizer with Food & Water Watch, said Wright came on the job with big ambitions of moving the DWP toward 100% clean energy, but faced bureaucratic and political stumbling blocks. "It's a shame that we weren't able to see more from him during his tenure," Vargas said. [GN] MAMMOTH ENERGY: Schall Law Firm Files Class Action Lawsuit ---------------------------------------------------------- The Schall Law Firm, a national shareholder rights litigation firm, announces the filing of a class action lawsuit against Mammoth Energy Services, Inc. ("Mammoth" or "the Company") (NASDAQ: TUSK) for violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder by the U.S. Securities and Exchange Commission. Investors who purchased the Company's shares between October 19, 2017 and June 5, 2019, inclusive (the ''Class Period''), are encouraged to contact the firm before August 6, 2019. We also encourage you to contact Brian Schall of the Schall Law Firm, 1880 Century Park East, Suite 404, Los Angeles, CA 90067, at 424-303-1964, to discuss your rights free of charge. You can also reach us through the firm's website at www.schallfirm.com, or by email at brian@schallfirm.com. The class, in this case, has not yet been certified, and until certification occurs, you are not represented by an attorney. If you choose to take no action, you can remain an absent class member. According to the Complaint, the Company made false and misleading statements to the market. Mammoth subsidiary Cobra was awarded two infrastructure contracts with PREPA totaling more than $1.8 billion. The contracts were obtained as the result of improper steering and were not awarded on the basis of a competitive RFP process. Based on these facts, the Company's public statements were false and materially misleading throughout the class period. When the market learned the truth about Mammoth, investors suffered damages. Join the case to recover your losses. Contact: Brian Schall, Esq. The Schall Law Firm 1880 Century Park East, Suite 404 Los Angeles, CA 90067 Phone: Office: 310-301-3335 Cell: 424-303-1964 Website: www.schallfirm.com Email: info@schallfirm.com brian@schallfirm.com [GN] MCAFEE INC: Oct. 4 Settlement Fairness Hearing Set -------------------------------------------------- The following statement is being issued by Robbins Geller Rudman & Dowd LLP regarding the McAfee Shareholder Litigation: SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA In re McAFEE, INC. SHAREHOLDER LITIGATION ) Consolidated action, including: ) Greenberg v. McAfee, Inc., Santa Clara County ) Superior Court, Case No. 1:10-cv-180413 ) Colwell v. McAfee, Inc., Santa Clara County ) Superior Court, Case No. 1:10-cv-180420 ) Faulkner v. McAfee, Inc., Santa Clara County ) Superior Court, Case No. 1:10-cv-180597 ) Korsinsky v. Bass, Santa Clara County ) Superior Court, Case No. 1:10-cv-180928 ) ) This Document Relates To: ) ALL ACTIONS. ) Lead Case No. 1:10-cv-180413 CLASS ACTION Judge: Hon. Thomas E. Kuhnle Dept: 5 SUMMARY NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION IF YOU HELD SHARES OF COMMON STOCK IN MCAFEE, INC. ("MCAFEE") AND EXCHANGED YOUR SHARES FOR CONSIDERATION IN THE ACQUISITION OF MCAFEE BY INTEL CORPORATION ("INTEL") AT THE PRICE OF $48.00 PER SHARE, YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT OF A CLASS ACTION. YOU ARE HEREBY NOTIFIED, pursuant to an Order of the Superior Court of the State of California, County of Santa Clara, that a hearing will be held on October 4, 2019, at 9:00 a.m. (the "Settlement Hearing"), in Department 5, 191 North First Street, San Jose, California 95113, for the purpose of determining: (1) whether the proposed settlement of the claims in the Action for the sum of $11,700,000.00 in cash on the terms set forth in the Stipulation of Settlement dated March 13, 2019 ("Stipulation" or "Settlement") should be approved by the Court as fair, reasonable, and adequate; (2) whether the plan of distribution is fair, reasonable, and adequate and therefore should be approved; and (3) whether the application of Class Counsel for an award of attorneys' fees and expenses and a service award to Plaintiff, the Central Laborers' Pension Fund, should be approved. If you received consideration for your McAfee common stock shares in the acquisition of McAfee by Intel at the price of $48.00 per share, your rights may be affected by the Settlement of this Action. If you have not received a more detailed Notice of Proposed Settlement of Class Action ("Notice") and a copy of the Proof of Claim, you may obtain copies by writing to McAfee Shareholder Litigation, Claims Administrator, c/o Gilardi & Co. LLC, P.O. Box 404129, Louisville, KY 40233-4129, or you can download a copy at www.McAfeeShareholderSettlement.com. If you are a Class Member, in order to share in the Settlement proceeds, you must submit a Proof of Claim by mail postmarked no later than September 9, 2019, or submitted electronically no later than September 9, 2019, establishing that you are entitled to recovery. You will be bound by any judgment rendered in the Action whether or not you make a claim. If you requested exclusion from the Class in connection with the Notice of Pendency, no further action is required to be excluded from the Class for purposes of the Settlement or any judgment that may be entered in this Action. Although you may appear and be heard at the Settlement Hearing without filing a written submission in advance, should you wish to file a written objection to the Settlement, the plan of distribution, or Class Counsel's request for an award of attorneys' fees and expenses and/or the service award to Plaintiff, you may do so by filing it with the Court at the address below and sending it to Class Counsel listed below such that it is received no later than August 12, 2019: The Court: Clerk of the Court SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San Jose, CA 95113 Class Counsel: Maxwell Huffman ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Inquiries regarding the Settlement or the Action may be made to a representative of Class Counsel or the Claims Administrator: ROBBINS GELLER RUDMAN & DOWD LLP Shareholder Relations 655 West Broadway, Suite 1900 San Diego, CA 92101 1-800-449-4900 McAfee Shareholder Litigation Claims Administrator c/o Gilardi & Co. LLC P.O. Box 404129 Louisville, KY 40233-4129 1-866-610-7721 www.McAfeeShareholderSettlement.com PLEASE DO NOT CONTACT DEFENDANTS, THE COURT, OR THE CLERK OF THE COURT ABOUT THE SETTLEMENT. DATED: May 28, 2019 BY ORDER OF THE SUPERIOR COURT STATE OF CALIFORNIA COUNTY OF SANTA CLARA All capitalized terms not otherwise defined herein shall have the same meanings as set forth in the Stipulation. The Stipulation can be viewed and/or downloaded at www.McAfeeShareholderSettlement.com. MDL 2887: Albion Suit over Tainted Pet Food Moved to Kansas ----------------------------------------------------------- The case, WILLIAM ALBION, on behalf of himself and all others similarly situated, the Plaintiff, vs. HILL'S PET NUTRITION, INC. and Colgate-Palmolive Company, the Defendants, Case No. 5:19-cv-00935 (Filed May 20, 2019), was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the District of Kansas (Kansas City) on June 18, 2019. The District of Kansas Court Clerk assigned Case No. 2:19-cv-02326-JAR-TJJ to proceeding. The case is assigned to the Chief District Judge Julie A. Robinson. The suit alleges Magnuson-Moss Warranty Act violation. Plaintiff seeks monetary relief and an order forcing Hill's to provide appropriate injunctive relief by ensuring that all potentially affected products are identified on Hill's website and removed from shelves. The Albion case is being consolidated with MDL 2887 in re: HILL'S PET NUTRITION, INC., DOG FOOD PRODUCTS LIABILITY LITIGATION. The MDL was created by Order of the United States Judicial Panel Multidistrict Litigation on June 4, 2019. The Panel finds that these actions involve common questions of fact, and that centralization in the District of Kansas will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. The actions share factual issues arising from allegations that multiple varieties of Hill's Prescription Diet and Science Diet canned dog food products were defective, in that they contained dangerously high levels of Vitamin D. Centralization will eliminate duplicative discovery, the possibility of inconsistent rulings on class certification, Daubert motions, and other pretrial matters, and conserve judicial and party resources. In its June 5, 2019 Order, the MDL Panel select the District of Kansas as the transferee district. Hill's is headquartered in that district, and it represents that its key evidence and witnesses are located there. Eight potential tagalong actions are pending in the District of Kansas, and its selection is supported by both Hill's and a number of plaintiffs. Presiding Judge in the MDL is Hon. Judge Julie A. Robinson. The lead case is Case No. 2:19-md-02887-JAR-TJJ.[BN] Attorneys for the Plaintiff are: Jay Smith, Esq. Joshua F. Young, Esq. GILBERT & SACKMAN A LAW CORPORATION 3699 Wilshire Boulevard, Suite 1200 Los Angeles, CA 90010 Telephone: (323) 938-3000 Facsimile: (323) 937-9139 E-mail: js@gslaw.org jyoung@gslaw.org MDL 2887: Manier Suit over Tainted Pet Food Moved to Kansas ----------------------------------------------------------- The case, Sharon Manier on behalf of herself and all others similarly situated, the Plaintiff, vs. HILL'S PET NUTRITION, INC. and Colgate-Palmolive Company, the Defendants, Case No. 2:19-cv-04248 (Filed May 16, 2019), was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the District of Kansas (Kansas City) on June 18, 2019. The District of Kansas Court Clerk assigned Case No. 2:19-cv-02328-JAR-TJJ to proceeding. The case is assigned to the Chief District Judge Julie A. Robinson. The suit alleges Magnuson-Moss Warranty Act violation. Plaintiff seeks monetary relief and an order forcing Hill's to provide appropriate injunctive relief by ensuring that all potentially affected products are identified on Hill's website and removed from shelves. The Manier case is being consolidated with MDL 2887 in re: HILL'S PET NUTRITION, INC., DOG FOOD PRODUCTS LIABILITY LITIGATION. The MDL was created by Order of the United States Judicial Panel Multidistrict Litigation on June 4, 2019. The Panel finds that these actions involve common questions of fact, and that centralization in the District of Kansas will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. The actions share factual issues arising from allegations that multiple varieties of Hill's Prescription Diet and Science Diet canned dog food products were defective, in that they contained dangerously high levels of Vitamin D. Centralization will eliminate duplicative discovery, the possibility of inconsistent rulings on class certification, Daubert motions, and other pretrial matters, and conserve judicial and party resources. In its June 5, 2019 Order, the MDL Panel select the District of Kansas as the transferee district. Hill's is headquartered in that district, and it represents that its key evidence and witnesses are located there. Eight potential tagalong actions are pending in the District of Kansas, and its selection is supported by both Hill's and a number of plaintiffs. Presiding Judge in the MDL is Hon. Judge Julie A. Robinson. The lead case is Case No. 2:19-md-02887-JAR-TJJ.[BN] Attorneys for the Plaintiff are: Marc L. Godino, Esq. STULL, STULL & BRODY 10940 Wilshire Blvd., Suite 2300 Los Angeles, CA 90024 Telephone: (310) 209-2468 Facsimile: (310) 209-2087 MENN LAW: Cole Sues Under FDCPA Over Deceptive Collection Letter ---------------------------------------------------------------- Kaitlyn Cole, individually and on behalf of all others similarly situated v. Menn Law Firm, Ltd., Case No.1:19-cv-00527 (E.D. Wis., April 12, 2019), is brought against the Defendant for violation of the Fair Debt Collection Practices Act. The Defendant mailed a letter to the Plaintiff alleging that the Plaintiff had incurred and defaulted on a financial obligation, in an attempt to collect the debt. The statement did not accurately state COLE's rights under the FDCPA, and was misleading and deceptive, says the complaint. The Plaintiff was a citizen of, and resided in, the City of Green Bay, Brown County, Wisconsin. The Defendant regularly engages in the collection of defaulted consumer debts owed to others. Its principal business address is at 2501 East Enterprise Avenue, City of Appleton, Outagamie County, Wisconsin. [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, Wisconsin 54952 Tel: (973) 379-7500 E-mail: Francis@SternThomasson.com Philip@SternThomasson.com Andrew@SternThomasson.com MID VALLEY COLLECTION: Ochoa Files Class Suit under FDCPA --------------------------------------------------------- A class action lawsuit has been filed against Mid Valley Collection Bureau. The case is styled as Susan Ochoa, individually and on behalf of all others similarly situated, Plaintiff v. Mid Valley Collection Bureau, Law Offices of Clark Garen, The Best Service Co., Inc., Todd Shields, Donald Hopp and DOES 1 through 10 inclusive, Defendants, Case No. 2:19-cv-05352 (C.D. Cal., June 19, 2019). The docket of the case states the nature of suit as Consumer Credit filed pursuant to the Fair Debt Collection Practices Act. Mid Valley Collection Bureau is a professional collection consultant.[BN] The Plaintiff is represented by: Amir J Goldstein, Esq. Amir J Goldstein Law Offices 8032 West Third Street Suite 201 Los Angeles, CA 90048 Tel: (323) 937-0400 Fax: (866) 288-9194 Email: ajg@consumercounselgroup.com MIDLAND CREDIT: Davis Sues over Debt Collection Practices --------------------------------------------------------- Anna Marie Davis, individually and on behalf of all others similarly situated, the Plaintiff, vs. Midland Credit Management, Inc., Midland Funding, LLC, and John Does 1-25, the Defendants, Case No. 1:19-cv-01124-UNA (D. Del., June 18, 2019), seeks damages and declaratory relief under the Fair Debt Collections Practices Act. On or about June 20, 2018, Defendant Midland Credit sent Plaintiff a collection letter regarding her debt to Webbank that contained multiple settlement offers. In the Letter, Defendants failed to inform the consumer that making a partial payment would result in restarting the statute of limitations for a lawsuit to be filed against the Plaintiff. The Letter contains an invitation for Plaintiff to choose a settlement offer and begin making monthly payments. However, the Letter is deceptive in that it failed to inform Plaintiff of the true ramifications of making a payment. The Defendants' omission could likely lead to Plaintiff making a partial payment which would have had the consequence of restarting the statute of limitations, the lawsuit says. Congress enacted the Fair Debt Collection Practices Act in response to the "abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors." Congress explained that the purpose of the FDCPA was not only to eliminate abusive debt collection practices, but also to "insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged." Midland Credit is a company that uses the mail, telephone, and facsimile and regularly engages in business the principal purpose of which is to attempt to collect debts alleged to be due another. Midland Funding is engaged in the business of acquiring, or claiming to acquire, delinquent debts and collecting them, both directly and through collection agencies.[BN] Attorney for the Plaintiff is: Antranig Garibian, Esq. GARIBIAN LAW OFFICES, P.C. 1010 N. Bancroft Parkway, Suite 22 Wilmington, DE 19805 Telephone: (302) 722-6885 E-mail: ag@garibianlaw.com MIDWESTERN HOLDINGS: Qasemy Seeks Unpaid Wages & Overtime Pay ------------------------------------------------------------- MUHAMMAD QASEMY, on behalf of himself and all others similarly situated, the Plaintiff, vs. QUALITY MIDWESTERN HOLDINGS, INC. d/b/a/ "QUALITY SERVICES MOVING"; and EDWARD GRAVES 10595 Furnace Rd Ste 140 Lorton, VA 22079, the Defendants, Case No. 1:19-cv-00809 (E.D. Va., June 18, 2019), seeks to recover unpaid wages and overtime compensation for Plaintiff and other similarly situated co-workers who work or have worked for Quality Services Moving. The Plaintiff alleges on behalf of himself and other current and former employees as well as those similarly situated current and former employees holding comparable positions but different titles employed by Defendants that they are entitled to, (i) unpaid wages for all hours worked in a workweek, as required by law, (ii) unpaid overtime wages for hours worked above 40 in a workweek, as required by law, and (iii) liquidated damages pursuant to the FLSA. The Plaintiff worked as a "Mover," a position that entailed driving Sprinter vans to sites to ship and deliver items for clients, which included loading and unloading trucks, preparing the trucks for shipments, and driving to and from the delivery sites. The Plaintiff and Collective Action Members drove and/or loaded and/or served as drivers' helpers for vehicles weighing less than 10,000lbs., such as a Sprinter van, which had a Gross Vehicle Weight Rating ("GVWR") of 8,550 lbs. They would regularly perform work for which Defendants did not pay them wages. Specifically, if Plaintiff and the Collective Action Members were still working at a job site, they would not be paid for driving back from the job site to the office. Thus, even though Plaintiff and the Collective Action Members would have to complete the job and drive back to headquarters and return their vans, Plaintiff and the Collective Action Members would not receive wages for driving back from the job site to the office, the lawsuit says.[BN] Attorneys for the Plaintiff are: Matthew T. Sutter, Esq. SUTTER & TERPAK, PLLC 7540 Little River Tnpk. Suite A, First Floor Annandale, VA 22003 Telephone: (703) 256-1800 Facsimile: (703) 991-6116 E-mail: matt@sutterandterpak.com - and - Nicholas A. Migliaccio, Esq. Jason S. Rathod, Esq. MIGLIACCIO & RATHOD LLP 412 H Street N.E., Suite 302 Washington, D.C. 20002 Telephone: (202) 470-3520 Facsimile: (202) 800-2730 OREGON: Pendleton Ceases Jailing People Over Court Fines -------------------------------------------------------- The Oregonian staff and wire reports that the eastern Oregon city of Pendleton has stopped jailing people unable to pay fines following the settlement of a federal lawsuit contending city officials were running a debtors' prison. The East Oregonian reported on June 15 that city attorney Nancy Kerns said city court officials recently adopted new policies that ban the use of jail time for fines arising from minor violations. Anglea Minthorn spent nearly two months in jail in 2017 for owing about $1,000. She sued in early 2018, contending the city was violating the U.S. Constitution by incarcerating a debtor unable to pay the debt. She and the city reached a settlement in April, with the city paying Minthorn $130,000. Kerns declined to comment about the case. Other questions about legal system injustice for poor people have been in the news lately as well. Last fall, lawyers filed a class action lawsuit on behalf of low-income drivers in Oregon, challenging the state's right to suspend a driver's license solely because they cannot pay a fine. And earlier this month, the district attorney in Bend said his office will stop prosecuting some misdemeanors to focus on more serious crimes. OPB reported that Deschutes County District Attorney, John Hummel, Esq. -- John.Hummel@dcda.us -- said his office would no longer prosecute misdemeanor crimes for people driving with a suspended license, as long as the suspect has zero or only one prior conviction for the crime. Last year, the DA's office prosecuted more than 500 driving while suspended cases, OPB said. [GN] ORTHONET LLC: Solis Sues Over Unpaid Overtime Wages --------------------------------------------------- Joanna Solis, individually and on behalf of all others similarly situated, Plaintiff, v. Orthonet LLC, Defendant, Case No. 19-cv-04678, (S.D. N.Y., May 21, 2019), seeks monetary damages, liquidated damages, prejudgment interest, civil penalties and costs, including reasonable attorneys' fees under the Fair Labor Standards Act and New York labor law. Orthonet is a managed care company that performs benefit management services for insurance companies providing precertification, utilization management and claims administration services. Solis worked for Orthonet as a utilization management employee providing medical advice to patients or other individuals with health issues. She worked over 40 hours in individual workweeks but was not paid overtime at one-and-one-half times her regular rate of pay for all overtime hours worked, asserts the complaint. [BN] Plaintiff is represented by: Ravi Sattiraju, Esq. Anthony S. Almeida, Esq. THE SATTIRAJU LAW FIRM, P.C. 116 Village Boulevard, Suite 200 Princeton, NJ 08540 Tel: (609) 799-1266 Fax: (609) 228-5649 Email: rsattiraju@sattirajulawfirm.com - and - Douglas M. Werman, Esq. Maureen A. Salas, Esq. Sarah J. Arendt, Esq. WERMAN SALAS P.C. 77 West Washington, Suite 1402 Chicago, IL 60602 Tel: (312) 419-1008 Email: dwerman@flsalaw.com msalas@flsalaw.com - and - Travis M. Hedgpeth, Esq. THE HEDGPETH LAW FIRM, PC 5438 Rutherglenn Drive Houston, TX 77096 Tel: (512) 417-5716 Email: travis@hedgpethlaw.com - and - Jack Siegel, Esq. SIEGEL LAW GROUP PLLC 10440 N. Central Expy., Suite 1040 Dallas, TX 75231 Tel: (214) 790-4454 Fax: (469) 339-0204 Email: jack@siegellawgroup.biz Website: www.4overtimelawyer.com PHILADELPHIA PARKING: Berger Suit Alleges Malicious Prosecution --------------------------------------------------------------- Daniel A. Berger, Edward L. Berger, Gordin & Berger, P.C. and 2008 Honda Accord, individually and on behalf of those similarly situated v. Philadelphia Parking Authority, et. al., Case No. 2:19-cv-01540 (E.D. Pa., April 11, 2019), is brought against the Defendants for intentional torts, trespass to chattels, malicious prosecution, violations of federal and state constitution, and equitable relief. The Plaintiffs allege that the Defendants violated the Constitution by seizing vehicles pursuant to Section 12-2405(1) of the Philadelphia Traffic Code based on being parked on a public street and having any combination of three or more delinquent parking tickets. The PPA enforces and administers the system of parking on behalf of the City. It is an entity of the Commonwealth and is a separate corporate body with enumerated powers and duties but is limited to only doing those things that are delegated to it by City Ordinance. The PPA has its own office of general counsel which offers legal advice and sues and defends the PPA during the course of its operations. In particular, one prime example of a lawful and appropriate use of the PPA's OGC is to institute actions to sell cars at public auction that are currently in their possession. The Plaintiff Daniel was a citizen and resident of Philadelphia. Place of business at, 1760 Market Street, Suite 608, Philadelphia PA 19103. The Plaintiff Daniel is the registered owner of the Plaintiff 2008 Honda Accord. The Plaintiff Edward was a resident of the State of New Jersey. Place of business at, 1760 Market Street, Suite 608, Philadelphia PA 19103. The Plaintiff Gordin & Berger is a small law firm duly incorporated under the laws of the Commonwealth of Pennsylvania with a principle place of business located at 1760 Market Street, Suite 608, Philadelphia PA 19103. The Defendant Philadelphia Parking is an agency of the Commonwealth under Local Agency Law and is a separate "body politic and corporate established under" 53 Pa.C.S. Ch. 55 created by 1950 Ordinance of the City of Philadelphia with powers enumerated by law. [BN] The Plaintiff is represented by: Daniel A. Berger, Esq. GORDIN & BERGER, P.C. 1760 Market Street, Suite 608 Philadelphia, PA 19103 Tel: (215)564-2031 Fax: (215)972-5390 PIVOTAL SOFTWARE: Nhung Tran Says IPO Documents Misleading ---------------------------------------------------------- A securities class action lawsuit has been filed against Pivotal Software, Inc., asserting strict liability claims under sections 11, 12, and 15 of the Securities Act of 1933 against Pivotal, certain of Pivotal officers and directors, and the underwriters of the initial public offering (IPO). The Plaintiff brings the securities class action on behalf of all who purchased or otherwise acquired Phrotal common stock pursuant or traceable to the registration statement and prospectus issued in connection with Pivotal's April 2018 IPO initial public offering. In April 2018, the Defendants announced the IPO, issuing over 42 million shares of Pivotal common stock to the investing public at $15.00 per share, all pursuant to the Registration Statement. The Registration Statement contained untrue statements of material fact and omitted to state material facts both required by governing regulations and necessary to make the statements made therein not misleading. Principally, the Registration Statement failed to disclose that the Company was suffering from deferred sales, lengthening sales cycles, and diminished gtowth as its customers and the industry's sentiment shifted away from Phrotal's principal, yet outdated and inadequate, offering because it was incompatible with the industry-standard platform, the lawsuit says. The case is captioned as NHUNG TRAN, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, vs. Pivotal Software, Inc.; Robert Mee; Cynthia Gaylor; Paul Maritz; Michael S. Dell; Zane Rowe; Egon Durban; William D. Green; Marcy Klevorn; Khozema Z. Shipchandler; Morgan Stanley & Co. LLC; Goldman Sachs & Co. LLC; C1tigroup Global Markets Inc.; Merrill Lynch, Pierce, Fenner & Smith Incorporated; Barclays Capital Inc.; Credit Suisse Securities (USA) LLC; RBC Capital Markets, LLC; UBS Securities LLC; Wells Fargo Securities, LLC; KeyBanc Capital Markets Inc.; William Blair & Company, LLC; Mischler Financial Group, Inc.; Samuel A.· Ramirez & Company, Inc.; Siebert Cisneros Shank & Co., LLC; Williams Capital Group, L.P., the Defendants, Case No. CGC-19-576806 (Cal. Super. Ct., June 18, 2019). Pivotal is a cloud platform technology company headquartered in San Francisco, California. Pivotal is incorporated under the laws of Delaware, and its common stock trades on the NYSE exchange under the ticket "PVTL."[BN] Attorneys for the Plaintiffs are: David W. Hall, Esq. HEDIN HALL LLP Four Embarcadero Center, Suite 1400 San Francisco, CA 94104 Telephone: 415 766-3534 Facsimile: 415 402-0058 E-mail: dhall@hedinhall.com - and - Brian Schall, Esq. THE SCHALL LAW FIRM 1880 Century Park East, Suite 404 Los Angeles, CA 9006 7 Telephone: (310) 301-3335 Facsimile: (310) 388-0192 E-mail: brian@schallfum.com PURDUE PHARMA: Brant Sues over Opioid Distribution in Arizona ------------------------------------------------------------- A class action complaint has been filed against Purdue Pharma L.P., McKesson Corporation, and other opioid manufacturers and distributors for public nuisance, negligence, civil conspiracy and products liability. The case is captioned SHELBY L. BRANT, INDIVIDUALLY AND AS NEXT FRIEND AND GUARDIAN OF BABY L.A.Z., ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, Plaintiffs, v. PURDUE PHARMA L.P. ET AL, Defendants, Case No. 1:19-op-45494-DAP (N.D. Ohio, June 17, 2019). Prenatal exposure to opioids causes severe withdrawal symptoms and lasting developmental impacts. The first days of Baby L.A.Z.’s life were spent in excruciating pain as doctors weaned the infant from opioid addiction. Baby L.A.Z. and their mother are victims of the opioid crisis that has ravaged Arizona, causing immense suffering to those born addicted to opioids and great expense to those forced to deal with the aftermath. At birth, Baby L.A.Z. was diagnosed with Neonatal Abstinence Syndrome a condition suffered by babies of mothers addicted to opioids. Baby L.A.Z. was forced to endure a painful start to their life; crying excessively, arching their back, refusing to feed, and shaking. Accordingly, Plaintiff Shelby L. Brant brings this class action to eliminate the hazard to public health and safety caused by the opioid epidemic and to abate the nuisance caused by Defendants’ false, negligent and unfair marketing and/or unlawful diversion of prescription opioids. Plaintiff further seeks the equitable relief of medical monitoring to provide this class of infants the monitoring of developmental issues that will almost inevitably appear as they grow older and equitable relief in the form of funding for services and treatment. McKesson Corporation has its principal place of business in San Francisco, California and is incorporated under the laws of Delaware. The company has distributed substantial amounts of prescription opioids to providers and retailers in the state of Arizona. Headquartered in Stamford, Connecticut, Purdue Pharma L.P. is a limited partnership organized under the laws of Delaware. The company manufactures, promotes, sells, and distributes opioids such as OxyContin, MS Contin, Dilaudid/Dilaudid HP, Butrans, Hysingla ER, and Targiniq ER in the United States. [BN] The Plaintiff is represented by: Celeste Brustowicz, Esq. Stephen Wussow, Esq. COOPER LAW FIRM 1525 Religious Street New Orleans, LA 70130 Telephone: (504) 399-0009 Facsimile: (504) 309-6989 E-mail: cbrustowicz@sch-llc.com - and - Kevin W. Thompson, Esq. David R. Barney, Jr., Esq. THOMPSON BARNEY LAW FIRM 2030 Kanawha Boulevard, East Charleston, WV 25311 Telephone: (304) 343-4401 Facsimile: (304) 343-4405 E-mail: kwthompson@gmail.com - and - Donald E. Creadore, Esq. CREADORE LAW FIRM 450 Seventh Avenue, Suite 1408 New York, NY 10123 Telephone: (212) 355-7200 E-mail: donald@creadorelawfirm.com - and - Scott R. Bickford, Esq. Spencer R. Doody, Esq. MARTZELL, BICKFORD & CENTOLA 338 Lafayette Street New Orleans, LA 70130 Telephone: (504) 581-9065 Facsimile: (504) 581-7635 E-mail: srb@mbfirm.com - and - Kent Harrison Robbins, Esq. THE LAW OFFICES OF KENT HARRISON ROBBINS, P.A. 242 Northeast 27th Street Miami, FL 33137 Telephone: (305) 532-0500 Facsimile: (305) 531-0150 E-mail: khr@khrlawoffices.com ereyes@khrlawoffices.com assistant@khrlawoffices.com PURDUE PHARMA: DeLancey Sues over Unfair Marketing of Opioids ------------------------------------------------------------- A class action complaint has been filed against Purdue Pharma L.P. and other opioid manufacturers and distributors for public nuisance, negligence, civil conspiracy, and products liability. The case is captioned CHRISTINA DELANCEY, INDIVIDUALLY AND AS NEXT FRIEND AND GUARDIAN OF BABY A.J.W., ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, Plaintiffs, v. PURDUE PHARMA L.P. ET AL, Case No. 1:19-op-45480-DAP (N.D. Ohio, June 15, 2019). At birth, Baby A.J.W. was diagnosed with Neonatal Abstinence Syndrome, a condition suffered by babies of mothers addicted to opioids. Baby A.J.W.'s mother was prescribed Defendants' opioids prior to Baby A.J.W.'s gestation, resulting in her opioid addiction and Baby A.J.W.'s opioid exposure during gestation. Accordingly, Plaintiff Christina DeLancy brings this action to eliminate the hazard to public health and safety caused by the opioid epidemic and to abate the nuisance caused by Defendants' false, negligent and unfair marketing and/or unlawful diversion of prescription opioids. Plaintiff further seeks the equitable relief of medical monitoring to provide this class of infants the monitoring of developmental issues that will almost inevitably appear as they grow older and equitable relief in the form of funding for services and treatment. Headquartered in Stamford, Connecticut, Purdue Pharma L.P. is a limited partnership organized under the laws of Delaware. The company manufactures, promotes, sells, and distributes opioids such as OxyContin, MS Contin, Dilaudid/Dilaudid HP, Butrans, Hysingla ER, and Targiniq ER in the United States. [BN] The Plaintiff is represented by: Celeste Brustowicz, Esq. Stephen Wussow, Esq. COOPER LAW FIRM 1525 Religious Street New Orleans, LA 70130 Telephone: (504) 399-0009 Facsimile: (504) 309-6989 E-mail: cbrustowicz@sch-llc.com - and - Kevin W. Thompson, Esq. David R. Barney, Jr., Esq. THOMPSON BARNEY LAW FIRM 2030 Kanawha Boulevard, East Charleston, WV 25311 Telephone: (304) 343-4401 Facsimile: (304) 343-4405 Email: kwthompson@gmail.com - and - Donald E. Creadore, Esq. CREADORE LAW FIRM 450 Seventh Avenue, Suite 1408 New York, NY 10123 Telephone: (212) 355-7200 E-mail: donald@creadorelawfirm.com - and - Scott R. Bickford, Esq. Spencer R. Doody, Esq. MARTZELL, BICKFORD & CENTOLA 338 Lafayette Street New Orleans, LA 70130 Telephone: (504) 581-9065 Facsimile: (504) 581-7635 E-mail: srb@mbfirm.com - and - Kent Harrison Robbins, Esq. THE LAW OFFICES OF KENT HARRISON ROBBINS, P.A. 242 Northeast 27th Street Miami, FL 33137 Telephone: (305) 532-0500 Facsimile: (305) 531-0150 E-mail: khr@khrlawoffices.com ereyes@khrlawoffices.com assistant@khrlawoffices.com PURDUE PHARMA: DeMaro Seeks Medical Monitoring for Babies with NAS ------------------------------------------------------------------ A class action complaint has been filed against Purdue Pharma L.P., Teva Pharmaceuticals USA, Inc, and other opioid manufacturers and distributors for public nuisance, negligence, civil conspiracy, and products liability in connection with the marketing and distribution of highly addictive opioids. The case is captioned SAMANTHA DEMARO, INDIVIDUALLY AND AS NEXT FRIEND AND GUARDIAN OF BABY J.W.L.B., ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, Plaintiffs, v. PURDUE PHARMA L.P. ET AL, Case No. 1:19-op-45465-DAP (N.D. Ohio, June 14, 2019). At birth, Baby J.W.L.B. was diagnosed with Neonatal Abstinence Syndrome, a condition suffered by babies of mothers addicted to opioids. Baby J.W.L.B.'s mother was prescribed Defendants' opioids prior to Baby J.W.L.B.'s gestation, resulting in her opioid addiction and Baby J.W.L.B.'s opioid exposure during gestation. Accordingly, Plaintiff Samantha DeMaro brings this class action to eliminate the hazard to public health and safety caused by the opioid epidemic and to abate the nuisance caused by Defendants' false, negligent and unfair marketing and/or unlawful diversion of prescription opioids. Plaintiff further seeks the equitable relief of medical monitoring to provide this class of infants the monitoring of developmental issues that will almost inevitably appear as they grow older and equitable relief in the form of funding for services and treatment. Headquartered in Stamford, Connecticut, Purdue Pharma L.P. is a limited partnership organized under the laws of Delaware. The company manufactures, promotes, sells, and distributes opioids such as OxyContin, MS Contin, Dilaudid/Dilaudid HP, Butrans, Hysingla ER, and Targiniq ER in the United States. [BN] The Plaintiff is represented by: Celeste Brustowicz, Esq. Stephen Wussow, Esq. COOPER LAW FIRM 1525 Religious Street New Orleans, LA 70130 Telephone: (504) 399-0009 Facsimile: (504) 309-6989 E-mail: cbrustowicz@sch-llc.com - and - Kevin W. Thompson, Esq. David R. Barney, Jr., Esq. THOMPSON BARNEY LAW FIRM 2030 Kanawha Boulevard, East Charleston, WV 25311 Telephone: (304) 343-4401 Facsimile: (304) 343-4405 Email: kwthompson@gmail.com - and - Donald E. Creadore, Esq. CREADORE LAW FIRM 450 Seventh Avenue, Suite 1408 New York, NY 10123 Telephone: (212) 355-7200 E-mail: donald@creadorelawfirm.com - and - Scott R. Bickford, Esq. Spencer R. Doody, Esq. MARTZELL, BICKFORD & CENTOLA 338 Lafayette Street New Orleans, LA 70130 Telephone: (504) 581-9065 Facsimile: (504) 581-7635 E-mail: srb@mbfirm.com - and - Kent Harrison Robbins, Esq. THE LAW OFFICES OF KENT HARRISON ROBBINS, P.A. 242 Northeast 27th Street Miami, FL 33137 Telephone: (305) 532-0500 Facsimile: (305) 531-0150 E-mail: khr@khrlawoffices.com ereyes@khrlawoffices.com assistant@khrlawoffices.com RA MEDICAL SYSTEMS: Schall Law Firm Files Class Action Lawsuit -------------------------------------------------------------- The Schall Law Firm, a national shareholder rights litigation firm, announces the filing of a class action lawsuit against Ra Medical Systems, Inc. (RMED) for violations of the federal securities laws. Investors who purchased the Company's shares pursuant to and/or traceable to the Company's Initial Public Offering in September 2018 (the "IPO") are encouraged to contact the firm before August 6, 2019. We also encourage you to contact Brian Schall, or Sherin Mahdavian, of the Schall Law Firm, 1880 Century Park East, Suite 404, Los Angeles, CA 90067, at 424-303-1964, to discuss your rights free of charge. You can also reach us through the firm's website at www.schallfirm.com, or by email at brian@schallfirm.com. The class, in this case, has not yet been certified, and until certification occurs, you are not represented by an attorney. If you choose to take no action, you can remain an absent class member. According to the Complaint, the Company made false and misleading statements to the market. Ra Medical's evaluation of sales candidates and training for those candidates hired were inadequate. The Company failed to ensure that candidates hired for sales positions had sufficient work experience. This resulted in the Company experiencing a shortage of qualified sales personnel. At the same time, the Company experienced problems in increasing catheter production, suffering production delays. Based on the facts, the Company's public statements were false and materially misleading throughout the class period. When the market learned the truth about Ra Medical, investors suffered damages. Join the case to recover your losses. Contact: Brian Schall, Esq. Rina Restaino, Esq. The Schall Law Firm 1880 Century Park East, Suite 404 Los Angeles, CA 90067 Phone: Office: 310-301-3335 Cell: 424-303-1964 Website: www.schallfirm.com Email: info@schallfirm.com brian@schallfirm.com [GN] RCI HOSPITALITY: Schall Law Firm Files Class Action Lawsuit ----------------------------------------------------------- The Schall Law Firm, a national shareholder rights litigation firm, announces the filing of a class action lawsuit against RCI Hospitality Holdings, Inc. ("RCI" or "the Company") (NASDAQ: RICK) for violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder by the U.S. Securities and Exchange Commission. Investors who purchased the Company's shares between August 10, 2017 and May 10, 2019, inclusive (the "Class Period"), are encouraged to contact the firm before July 22, 2019. We also encourage you to contact Brian Schall of the Schall Law Firm, 1880 Century Park East, Suite 404, Los Angeles, CA 90067, at 424-303-1964, to discuss your rights free of charge. You can also reach us through the firm's website at www.schallfirm.com, or by email at brian@schallfirm.com. The class, in this case, has not yet been certified, and until certification occurs, you are not represented by an attorney. If you choose to take no action, you can remain an absent class member. According to the Complaint, the Company made false and misleading statements to the market. RCI regularly engaged in transactions with its CEO, including lending him large sums of money. These practices could be reasonably expected to lead to heightened regulatory scrutiny. The Company would be unable to file its financial statements in a timely manner due to investigations of these practices. Based on these facts, the Company's public statements were false and materially misleading throughout the class period. When the market learned the truth about RCI, investors suffered damages. Join the case to recover your losses. Contact: Brian Schall, Esq. The Schall Law Firm 1880 Century Park East, Suite 404 Los Angeles, CA 90067 Phone: Office: 310-301-3335 Cell: 424-303-1964 Website: www.schallfirm.com Email: info@schallfirm.com brian@schallfirm.com [GN] RETRIEVAL-MASTERS CREDITORS: Faces Lanouette Class Suit in N.Y. --------------------------------------------------------------- Brian Lanouette, Jane Doe, individually and on behalf of all others similarly situated v. Retrieval-Masters Creditors Bureau, Inc., Optum360, LLC and Quest Diagnostics Incorporated, Case No. 7:19-cv-05216 (S.D.N.Y., June 4, 2019), accuses the Defendants of violating the consumer protection laws of New Hampshire, Connecticut, New York, Illinois, North Carolina, Ohio, Massachusetts, Vermont and California. The Plaintiffs allege that by failing to implement third-party safeguards and quality-control mechanisms, Defendant Quest enabled data thieves to pilfer the account records of persons, who used their services, at the directions of their medical providers. The Plaintiffs contend that the Defendants are jointly and severally liable for all consequences of this data breach incident. Retrieval-Masters Creditors Bureau, Inc., is a Florida corporation with a principal place of business in Elmsford, New York. Optum360, LLC, is a Delaware limited liability company with a principal place of business in Eden Prairie, Minnesota. Quest Diagnostics Incorporated in a Delaware corporation with a principal place of business in Secaucus, New Jersey. Quest Diagnostics is the leading medical laboratory services provider in the country and the world.[BN] The Plaintiffs are represented by: Spencer Sheehan, Esq. SHEEHAN & ASSOCIATES, P.C. 505 Northern Blvd., Suite 311 Great Neck, NY 11021 Telephone: (516) 303-0552 Facsimile: (516) 234-7800 E-mail: spencer@spencersheehan.com SMJ CONSTRUCTION: Li Sues Over Unpaid Overtime Under FLSA & NYLL ---------------------------------------------------------------- Zhi Li and Luxiu Sun, individually and on behalf of all other Employees similarly situated v. SMJ Construction Inc., Steve Kang, Jane Doe and John Doe # 1-10, Case No. 1:19-cv-05309 (S.D.N.Y., June 5, 2019), arises from the Defendants' alleged practice of failing to pay their employees, including the Plaintiffs, overtime compensation for all hours worked over 40 each workweek, in violation of the Fair Labor Standards Act, the New York Labor Law and New Jersey Wage and Hour Law. SMJ Construction Inc. is an out-of-state for profit corporation whose principal place of business is located in Palisades Park, New Jersey. The Individual Defendants are owners, officers, directors and/or managing agents of SMJ. SMJ is a construction company established in the state of New Jersey, serving New York, New York Metropolitan area and New Jersey with a wide range of interior work. The Defendant's major clients contained large companies, including Starbucks, CITYMD Urgent Care and CAVA.[BN] The Plaintiffs are represented by: Hui Chen, Esq. HUI CHEN AND ASSOCIATES, P.L.L.C. 136-20 38th Ave., Suite 9E Flushing, NY 11354 Telephone: (718) 463-2666 E-mail: hui.chen@alum.cardozo.yu.edu SOMCHAI AND COMPANY: Bao Seeks Overtime Pay, Damages ---------------------------------------------------- Bao Yu Yang, individually and on behalf of all others similarly situated, Plaintiff, v. Somchai and Company Inc., Madee Inc., JC62 Inc., Ampawun Silraksa and Chin Ying Lau, Defendants, Case No. 19-cv-12742, (D. N.J., July 21, 2018), seeks to recover unpaid minimum wage compensation, unpaid overtime wage compensation, liquidated damages, prejudgment and post-judgment interest and/or attorneys' fees and costs pursuant to the Fair Labor Standards Act of 1938 and the New Jersey Wage and Hour Law. Defendants operate as "Sky Thai," a Thai Restaurant where Bao worked as a delivery person at their restaurant located at 62 Morris Street, Jersey City. Plaintiff claims to be denied his lawful overtime compensation of one and one-half times his regular rate of pay for all hours worked over forty in a given workweek and full and accurate records of hours and wages. [BN] Plaintiff is represented by: John Troy, Esq. Aaron Schweitzer, Esq. TROY LAW, PLLC 41-25 Kissena Boulevard, Suite 119 Flushing, NY 11355 Tel: (718) 762-1324 Fax: (718) 762-1342 Email: TroyLaw@TroyPllc.Com SPROUT FINANCIAL: Picow Sues Over Illegal Telemarketing Calls ------------------------------------------------------------- David Picow, individually and on behalf of all others similarly situated, Plaintiff, v. Sprout Financial, LLC, Defendant, Case No. 19-cv-61285, (S.D. Fla., May 21, 2019) seeks statutory damages and injunctive relief for violations of the Telephone Consumer Protection Act. Sprout is a financial services institution that provides and/or facilitates secured and unsecured loans, investment and retirement opportunities and other financial planning services, to consumers and businesses across the United States. Picow claims to have received multiple pre-recorded telemarketing calls to his cellular phone by use of an automatic telephone dialing system without his permission. [BN] Plaintiff is represented by: Jibrael S. Hindi, Esq. Thomas J. Patti, 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 Email: jibrael@jibraellaw.com tom@jibraellaw.com ST. LOUIS, MO: Ruling vs. Inmates Held Over Non-Payment of Bond --------------------------------------------------------------- Kiersten Willis, writing for Atlanta Black Star, reports that about six months after a lawsuit was filed against the city of St. Louis, Missouri, a judge has ruled that jails in the city cannot hold inmates because they cannot afford to bail themselves out. The class-action suit was filed on Jan. 28, 2019, with the United States District Court for the Eastern District of Missouri. In it, plaintiffs David Dixon, Jeffrey Rozelle, Aaron Thurman and Richard Robards alleged they remained detained in the city's two jails because they could not muster up the cash for bond. The inmates alleged in the suit that the city as well as named defendants that included Commissioner of Corrections Dale Glass and Sheriff Vernon Betts "violated their constitutional rights to equal protection and substantive and procedural due process by detaining them after arrest without an opportunity to challenge the conditions of their release." As the suit waged on, Robards and Thurman were released from jail in February after lawyers came to an agreement give them bail hearings. On June 11, 2019, U.S. District Judge Audrey Fleissig determined St. Louis jails should be prohibited from holding inmates just because they can't bond themselves out. Dixon, Rozelle, Thurman and Robards were granted class-action status, according to the St. Louis Post-Dispatch. Flessing wrote about the sheriff's deputies who instruct inmates not to speak or ask for a bond reduction at their initial hearing. "Ample evidence in the record shows that the duty judge presiding over initial appearances rarely considers information about an arrestee's financial circumstances because the bond commissioner rarely provides it and arrestees are instructed not to speak," she wrote. Now officials have one week to hold new detention hearings for current inmates in the city's two jails. Additionally, the ruling notes any newly arrested persons are required to have a hearing within 48 hours of their detention. In her decision, Fleissig wrote that inmates can continue to be held if they are deemed a danger to the community or if there is no other option to guarantee they arrive at their hearing. St. Louis officials, citing the administrative difficulty of holding hundreds of bond hearings on such a short time frame and the possibility that they prevail upon appeal, asked the judge on June 13 to extend her one-week deadline to 30 days or put her order on hold. "The city has operated this racist and predatory scheme for decades and cavalierly destroyed the lives of countless thousands of people, disproportionately impacted black people, and not made St. Louis safer," said one of the plaintiffs' attorneys, Thomas Harvey of the Advancement Project, in a statement to The St. Louis American. "This is the first step in ending wealth-based pretrial detention and closing the Workhouse [the St. Louis Medium Security Institution] permanently." [GN] ST. TROPEZ II: Palacios Sues over Unpaid Overtime, Medical Leave ---------------------------------------------------------------- PATRICIA PALACIOS, and other similarly situated individuals, the Plaintiffs, v. ST. TROPEZ II, LLC; ST. TROPEZ CONDOMINIUM I ASSOCIATION, INC.; ST. TROPEZ CONDOMINIUM II ASSOCIATION, INC.; ST. TROPEZ CONDOMINIUM III ASSOCIATION, INC.; ALL THAT SPARKLES JANITORIAL SERVICES, INC.; and ROSARIO MARTINEZ, the Defendants, Case No. 1:19-cv-22528-XXXX (S.D. Fla., June 18, 2019), seeks to recover money damages for unpaid overtime and retaliation under the laws of the United States and the Family and Medical Leave Act of 1993. According to the complaint, the Plaintiff's daughter was diagnosed with a serious illness. The Plaintiff informed Defendants of her daughter's serious illness and that she needed to take leave to care for her. The Defendants failed to provide Plaintiff with any FMLA paperwork or advise Plaintiff of her right to take leave under the FMLA. The Plaintiff took leave to care for her seriously ill daughter. She gave proper notice to Defendants by informing them of her daughter's medical condition and provided enough information for Defendants to know that her leave may be covered by the FMLA. The Plaintiff communicated with Defendants regarding her inability to return to work because she had to care for her daughter. The Defendants terminated Plaintiff because she took leave, which should have been designated as FMLA leave, or because she attempted to take FMLA leave. Alternatively, the fact that Plaintiff took leave, which should have been designated as FMLA leave, or because she attempted to take FMLA leave, was a motivating factor that caused Plaintiff's termination. As a direct and proximate result of the intentional violations by Defendants of rights under the FMLA, Plaintiff has been damaged. The Defendants willfully and intentionally refused to pay Plaintiff her legally owed overtime wages as required by the laws of the United States and remain owing Plaintiff these wages, the lawsuit says.[BN] Attorneys for the Plaintiff: R. Martin Saenz, Esq. SAENZ & ANDERSON, PLLC 20900 NE 30 Avenue, Suite 800 Aventura, FL 33180 Telephone: 305 503 5131 Facsimile: 888 270 5549 E-mail: msaenz@saenzanderson.com STA MANAGEMENT: Mata Seeks to Recover Minimum and Overtime Wages ---------------------------------------------------------------- JESUS MATA, individually and on behalf of similarly situated persons v. STA MANAGEMENT, LLC d/b/a "Domino's Pizza" and AMER ASMAR, Case No. 2:19-cv-11662-NGE-DRG (E.D. Mich., June 5, 2019), seeks to recover unpaid minimum wages and overtime hours owed to the Plaintiff and similarly situated delivery drivers employed by the Defendants at their Domino's Pizza stores. STA Management, LLC, is a Michigan Limited Liability Company. Amer Asmar is an owner, officer, and director of the Corporate Defendant. The Defendants operate numerous Domino's franchise stores. The Defendants employ delivery drivers, who use their own automobiles to deliver pizza and other food items to their customers.[BN] The Plaintiff is represented by: J. Forester, Esq. FORESTER HAYNIE PLLC 1701 N. Market Street, Suite 210 Dallas, TX 75202 Telephone: (214) 210-2100 Facsimile: (214) 346-5909 E-mail: jay@foresterhaynie.com - and - David M. Blanchard, Esq. Frances J. Hollander, Esq. BLANCHARD & WALKER, PLLC 221 N. Main Street, Suite 300 Ann Arbor, MI 48104 Telephone: (734) 929-4313 E-mail: blanchard@bwlawonline.com hollander@bwlawonline.com STAR BRANDS: Altes Sues Over Harmful Oil in Pretzels ---------------------------------------------------- Tiffni Altes on behalf of herself and all others similarly situated, Plaintiff, v. Star Brands North America, Inc., Defendant, Case No. 19-cv-04399, (C.D. Cal., May 21, 2019), seeks damages as a result of breach of implied warranty and for violation of California's Unfair Competition Law. Star Brands owns and controls the DeMets Candy Company and under the DeMets brand manufactures, markets, and sells Flipz Pretzel products. Altez alleges that Star Brands made Flipz with partially hydrogenated oil, an unsafe, unapproved food additive. Flipz were sold in stores throughout California and Plaintiff regularly purchased and consumed Flipz. [BN] Plaintiff is represented by: Gregory S. Weston, Esq. THE WESTON FIRM 1405 Morena Blvd., Suite 201 San Diego, CA 92110 Telephone: (619) 798-2006 Facsimile: (619) 343-2789 Email: greg@westonfirm.com SUNLANDS TECHNOLOGY: Rosen Continues to Probe Securities Claims --------------------------------------------------------------- Rosen Law Firm, a global investor rights law firm, continues to investigate potential securities claims on behalf of shareholders of Sunlands Technology Group (NYSE: STG) resulting from allegations that Sunlands may have issued materially misleading business information to the investing public. On March 23, 2018, Sunlands completed its Initial Public Offering ("IPO"), issuing 13 million American depositary receipts ("ADRs") priced at $11.50 per share. On May 28, 2019, Sunlands announced its financial and operating results for the first quarter of 2019, which included a net loss of $16.8 million, and advised investors that the Company's "new student enrollments declined, and gross billings were down 28.6% year-over-year." Following this news, Sunlands' ADR price fell $0.19 per share, or 6.46%, to close at $2.75 per share on May 29, 2019, representing a total decline of $8.75 per share, or 76.09%, from the IPO price. Rosen Law Firm is preparing a class action lawsuit to recover losses suffered by Sunlands investors. If you purchased shares of Sunlands please visit the firm's website at http://www.rosenlegal.com/cases-register-1598.htmlto join the class action. Contact: Laurence Rosen, Esq. Phillip Kim, Esq. The Rosen Law Firm, P.A. 275 Madison Avenue, 34th Floor New York, NY 10016 Phone: (212) 686-1060 Toll Free: (866) 767-3653 Fax: (212) 202-3827 Website: www.rosenlegal.com Email: lrosen@rosenlegal.com pkim@rosenlegal.com cases@rosenlegal.com [GN] TELLURIAN INC: Chambers v. BOD Seeks to Halt Stock Issuance ----------------------------------------------------------- Robert Chambers, on behalf of himself and all other similarly situated stockholders of Tellurian Inc., Plaintiff, v. Charif Souki, Martin Houston, Meg Gentle, Dillon J. Ferguson, Diana Derycz-Kessler, Brooke Peterson, Don Turkleson and Eric Festa, Defendants, Case No. 2019-0375, (Del. Ch., May 14, 2019), seeks to enjoin the stockholder vote on the approval of a $200 million issuance of common stock to Total S.A. Tellurian is an independent natural gas company based in Houston, Texas where Total S.A. and its subsidiary Total Delaware, Inc. beneficially own approximately 19% of Tellurian's outstanding shares. The proxy statement issued in connection with soliciting stockholder support for the Share Issuance allegedly failed to disclose any information concerning the process and/or negotiations between Tellurian and Total concerning the Common Stock Purchase Agreement or the alternatives, potential conflicts of interest harbored by Total and Festa and financial analysis prepared for the Board in connection with approval of the Common Stock Purchase Agreement and the Share Issuance. [BN] Chambers is represented by: Ryan M. Ernst, Esq. O'KELLY ERNST & JOYCE, LLC 901 N. Market Street, Suite 1000 Wilmington, DE 19801 Tel: (302) 778-4000 Email: rernst@oelegal.com - and - Donald J. Enright, Esq. Elizabeth K. Tripodi, Esq. LEVI &KORSINSKY, LLP 1101 30th Street, N.W., Suite 115 Washington, D.C. 20007 Telephone: (202) 524-4290 Facsimile: (202) 333-2121 Email: denright@zlk.com etripodi@zlk.com TORRENT PHARMA: Sanders Sues Over Carcinogen in Hypertension Meds ----------------------------------------------------------------- Ira Sanders, Joseph Glenn Cummings, Solomon Zeller, Rosa Burton and Damita Owens, on behalf of themselves and all others similarly situated, Plaintiffs, v. Torrent Pharma, Inc., Defendant, Case No. 19-cv-12745 (D. N.J., May 21, 2019), seeks compensatory, statutory and punitive damages, prejudgment interest on all amounts awarded, restitution and all other forms of equitable monetary relief, injunctive relief and reasonable attorneys' fees and expenses and costs of suit resulting from negligence, fraud, unjust enrichment, breach of implied and express warranty and for violation of South Carolina's Unfair Trade Practices Act, and New York general business laws. Torrent is alleged of manufacturing, distributing and selling losartan-containing generic prescription medications contaminated with N-Nitrosodiethylamine and N-Methylnitrosobutyric acid, which are carcinogenic and liver-damaging impurities. Originally marketed under the brand names Cozaar (Losartan Potassium), Tozaar (Hydrochlorothiazide and Losartan) and Tozam (Amlodipine and Losartan), losartan is a prescription medication mainly used for the treatment of high blood pressure, diabetic kidney disease, congestive heart failure, and left ventricular enlargement, among other issues. [BN] Plaintiff is represented by: Andrew Obergfell, Esq. BURSOR & FISHER, P.A. 369 Lexington Avenue, 10th Floor New York, NY 10017 Telephone: (212) 989-9113 Facsimile: (212) 989-9163 E-Mail: aobergfell@bursor.com TRINITY PACKAGING: Robertson Suit Seeks Unpaid Overtime Wages ------------------------------------------------------------- Claude Robertson, individually, and on behalf of others similarly situated, Plaintiff, v. Trinity Packaging Corporation, Defendant, Case No. 19-cv-00659, (W.D. N.Y., May 21, 2019) seeks to recover unpaid minimum wage, premium overtime compensation, liquidated damages, prejudgment and post-judgment interest, and reasonable attorneys' fees and costs for violation of the Fair Labor Standards Act. Trinity Packaging manufactures and markets plastic packaging products, heavy duty industrial films, as well as specialty films and lamination products. Robertson worked for Trinity as a machine operator. He claims to have rendered uncompensated off-the-clock work before and/or after his scheduled shifts and alleges that Trinity always rounds down time spent performing pre-shift and post-shift work, under fifteen minutes and does not pay for increments of time worked. He also claims one and one-half times his hourly rate for all hours worked over 40 in a workweek. [BN] Plaintiff is represented by: Jason T. Brown, Esq. BROWN, LLC Jersey City, NJ 07302 Tel: (877) 561-0000 Fax: (855) 582-5297 Email: jtb@jtblawgroup.com UNITED STATES: Brito Files Petition for Habeas Corpus ----------------------------------------------------- A Petition for Writ of Habeas Corpus has been filed in the case captioned Gilberto Pereira Brito, Florentin Avila Lucas, Jacky Celicourt, Individually and on behalf of all those similarly situated, Petitioners v. William Barr, Attorney General, U.S. Department of Justice, Marcos Charles Acting Field Office Director, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, Mark Morgan Acting Director, U.S. Immigration and Customs Enforcement, Kevin McAleenan Secretary, U.S. Department of Homeland Security, James McHenry Director, Executive Office of Immigration Review, U.S. Department of Justice, Antone Moniz Superintendent of the Plymouth County Correctional Facility, Yolanda Smith Superintendent of the Suffolk County House of Corrections, Steven Souza Superintendent of the Bristol County House of Corrections, Christopher Brackett Superintendent of the Strafford County Department of Corrections, Lori Streeter Superintendent of the Franklin County House of Corrections, Respondents, Case No. 1:19-cv-11314 (D. Mass., June 13, 2019). The nature of suit is stated as Habeas Corpus - Alien Detainee. William Pelham Barr is an American attorney serving as the 85th United States Attorney General in the Donald Trump administration since February 14, 2019.[BN] The Petitioners are represented by: Susan M. Finegan, Esq. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC One Financial Center, 43rd Floor Boston, MA 02111 Phone: (617) 542-6000 Fax: (617) 542-2241 Email: sfinegan@mintz.com UNITED STATES: CAVC Certifies 1st Class Action ---------------------------------------------- On June 13, 2019, the U.S. Court of Appeals for Veterans Claims (CAVC) certified its first class action. The case, styled Godsey v. Wilkie, was a petition for extraordinary relief brought by Covington & Burling LLP and the National Veterans Legal Services Program (NVLSP). The petition was filed on behalf of veterans James A. Godsey, Jr., Jeffery S. Henke, Thomas J. Marshall, Pamela Whitfield. It sought relief for all similarly situated VA benefits claimants who have filed an appeal to VA's highest tribunal, the Board of Veterans' Appeals (Board), and since have suffered extended delays waiting for VA to begin moving their appeals forward in a process called "certification." The CAVC partially granted the petition in the same order that it certified the class action, concluding that 18-month or longer VA delays to begin that process are "per se unreasonable." "Such delays are particularly intolerable," the Court stated, "because they consist of nothing but waiting in line: ... no action whatsoever on the part of VA" while the veterans have continued to wait. "CAVC's order certifying a class action for the first time in its 30-year history is a landmark moment, and will help ensure that our Veterans and their families have more access to the justice they deserve" said NVLSP Executive Director Bart Stichman. "It's been a long time coming. At last, this precedential order opens the door for veterans to receive efficient, consistent and fair adjudications just as Congress intended." Background On November 15, 2017, James A. Godsey, Jr., Jeffery S. Henke, Thomas J. Marshall, and Pamela Whitfield, represented by Covington and NVLSP, filed a petition for extraordinary relief on behalf of themselves and a putative class of similarly situated veterans. The petitioners stated that they had each filed an appeal to the Board and that, as of the date of the petition, had suffered a multi-year delay waiting for the VA to certify their appeals. In their filing, the petitioners asserted that the Secretary's failure to timely certify their appeals to the Board violated their right to procedural due process under the Fifth Amendment, constituted agency action unreasonably delayed and violated a statutory right to have their appeals "considered and decided [by the Board] in regular order according to its place upon the [Board's] docket." Moreover, the petitioners stated that the "extreme" certification delays were likely encountered by hundreds, if not thousands, of claimants nationwide. "Certification" delays of that magnitude, they asserted, are unreasonable in all cases. In a 2-1 decision, a three-judge panel of the CAVC noted a split in the court regarding how to evaluate proposed classes. The panel majority narrowed the proposed Godseyclass to veterans for whom VA has not begunthe process of certifying appeals, filed at least 18 months ago, to the Board. It concluded that, whatever the case might be for the broader class that the petitioners proposed, this narrower class meets all prevailing criteria for class actions. In its discussion of class certification, it stated: "[A] class action decision is a more efficient and effective vehicle for resolving this case than a precedential decision focused on an individual veteran's case." Additionally, when weighing the merits of the class petition, the court did not mince words. "[W]e are not content to wait for the Secretary to remedy these unreasonable delays on his own. The Secretary has had many years to act and initiate pre-certification review of class members' cases, and he has failed to do so. Ms. Whitfield, for example, was forced to wait over six years for the Secretary to act on her Substantive Appeal based on no fault of her own. Simply put: the time has come for judicial intervention." The court granted the petition's sought relief on the basis of unreasonable delay, determining that it did not need to consider the petitioners' other arguments. Under the court's order, VA must review and move forward all class members' appeals by October 11, 2019. It also must file a status update with the court by August 12, 2019. The court's order appoints Covington and NVLSP as class counsel. About NVLSP The National Veterans Legal Services Program (NVLSP) is an independent, nonprofit veterans service organization that has served active duty military personnel and veterans since 1981. NVLSP strives to ensure that our nation honors its commitment to its 22 million veterans and active duty personnel by ensuring they have the benefits they have earned through their service to our country. NVLSP has represented veterans in lawsuits that compelled enforcement of the law where the VA or other military services denied benefits to veterans in violation of the law. NVLSP's success in these lawsuits has resulted in more than $5.2 billion dollars being awarded in disability, death and medical benefits to hundreds of thousands of veterans and their survivors. NVLSP offers training for attorneys and other advocates; connects veterans and active duty personnel with pro bono legal help when seeking disability benefits; publishes the nation's definitive guide on veteran benefits; and represents and litigates for veterans and their families before the VA, military discharge review agencies and federal courts. [GN] UNITED STATES: Ruling vs. Abortion Policy for Immigrants Upheld --------------------------------------------------------------- Jessica Gresko, writing for PBS NewsHour, reports that the policy, which dates to 2017, prohibited shelters from facilitating abortions for children held in government shelters after entering the country illegally. The policy has not been in force since March 2018, when a judge blocked it, writing that the government couldn't implement a policy that strips minors of the right to make their own reproductive choices. On June 14, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld that judge's ruling. "DHS allows pregnant women in immigration custody to obtain abortions, but the policy had been different for minors. "We are unanimous in rejecting the government's position that its denial of abortion access can be squared with Supreme Court precedent," the opinion says. The Supreme Court first announced the right to an abortion in its 1973 Roe v. Wade case, and subsequent rulings have upheld it. The opinion for the panel of judges -- Sri Srinivasan, Robert Wilkins and Laurence Silberman -- was unsigned. Beyond that agreement, however, Silberman wrote a dissent to explain why he wouldn't have allowed the case to go forward as a class action. And he argued in support of giving officials a limited window to transfer a minor out of government custody to the care of a sponsor, where the child could then obtain an abortion without the government's assistance. Srinivasan and Wilkins were appointed by President Barack Obama and Silberman by President Ronald Reagan. The Trump administration could now ask the full U.S. Court of Appeals for the District of Columbia Circuit to hear the case. It could also appeal to the Supreme Court. But Justice Brett Kavanaugh likely wouldn't take part in the case. That's because he ruled on the case at an earlier stage as a judge on the D.C. Circuit, where he made the argument Silberman repeated about transferring a minor to a sponsor's care. That would leave eight justices, four liberals and four conservatives, to rule on the case. The case against the administration's policy was brought by the American Civil Liberties Union, which represented several pregnant minors who were seeking abortions. In those instances, teens who sought abortions were ultimately able to obtain them. And since the judge's order in 2018 blocking the policy, other minors in government custody who have sought abortions have been able to get them. "The Trump administration's cruel policy of blocking young immigrant women in federal custody from accessing abortion was a blatant abuse of power," said Brigitte Amiri, deputy director of the ACLU Reproductive Freedom Project, in a statement after the ruling. "We are relieved that today's ruling continues to prevent the policy from taking effect while the case proceeds, and allows the case to proceed as a class action as we continue this fight." The Department of Justice declined to comment on the ruling. A spokesman for the office within the U.S. Department of Health & Human Services that is responsible for sheltering children who illegally enter the country unaccompanied by a parent, said the decision is being reviewed. DHS allows pregnant women in immigration custody to obtain abortions, but the policy had been different for minors. [GN] UNITED STATES: Sued in Boston Over Detention of Immigrants ---------------------------------------------------------- Joe Dwinell, writing for Boston Herald, reports that a new lawsuit filed in federal court in Boston alleges the federal government is unconstitutionally detaining illegal immigrants due to "flawed detention hearings" in which immigrants have to prove they're not a danger to the public. The proposed class action lawsuit -- filed by Mintz Levin and the ACLU on behalf of immigrants currently detained in Massachusetts -- accuses U.S. Attorney General William Barr, federal immigration authorities and five county correctional facilities in Massachusetts of violating the Constitution by requiring illegal immigrants at bond hearings to prove they aren't a danger and a flight risk in order to be released. ICE makes an initial custody determination to decide if an illegal immigrant should be detained or released on bond. Immigrants may request a "custody redetermination" of ICE's decision before an immigration judge, known as a bond hearing. "At those hearings the individuals bear the burden to prove that they should not be jailed because they are not a danger to the community and not a flight risk," according to the 113-page suit. The proposed class action would include all immigrants detained within Massachusetts and those who appear in Boston Immigration Court. The Herald reported that the illegal immigrant population grew more in Massachusetts than any other state from 2007 to 2017 -- a 60,000 spike that costs taxpayers and risks public safety, legal immigration, advocates say. [GN] UNIVERSAL MUSIC: King Holmes to Pursue Suit Over 2008 Fire ---------------------------------------------------------- Jem Aswad, writing for Variety, reports that a Los Angeles law firm representing several Universal Music recording artists affected by the 2008 fire that destroyed a huge number of master recordings is expected to file a lawsuit. Howard King told Variety that he expects to sue for negligence and other torts. He declined to identify his clients, saying the list has not been finalized yet. "These artists entrusted Universal with their life's work, with some expectation those would be protected," said King, a partner at King, Holmes, Paterno & Soriano. "There's some duty to protect that Universal, we learned, breached. Then they compounded the problem by absolutely hiding the fact that these valuable masters had been lost." Universal Music did not immediately respond to Variety's request for comment. King's plan to sue was first reported by the Los Angeles Times. King told the paper he had "more than 10 but fewer than 100 clients." He said he expected to file individual lawsuits on behalf of clients, rather than class action suits. The extent of the fire's damage was revealed earlier this week in a New York Times article. The fire, which took place on June 1, 2008 on the backlot of Universal Studios Hollywood, destroyed "almost all of the master recordings stored in the vault … including those produced by some of the most famous musicians since the 1940s, [likely including] masters by Billie Holiday, Louis Armstrong, Duke Ellington, Al Jolson, Bing Crosby, Ella Fitzgerald and Judy Garland; as well as some of Chuck Berry's greatest recordings, the masters of some of Aretha Franklin's first appearances on record, almost of all of Buddy Holly's masters and John Coltrane's masters in the Impulse Records collection. Also lost were recordings by Ray Charles, B.B. King, the Four Tops, Joan Baez, Neil Diamond, Sonny and Cher, Joni Mitchell, Cat Stevens, Gladys Knight and the Pips, Al Green, Elton John, Eric Clapton, Jimmy Buffett, the Eagles, Aerosmith, Rufus and Chaka Khan, Barry White, Patti LaBelle, Tom Petty and the Heartbreakers, the Police, Sting, Steve Earle, R.E.M., Janet Jackson, Guns N' Roses, Mary J. Blige, No Doubt, Nine Inch Nails, Snoop Dogg, Nirvana, Beck, Sheryl Crow, Tupac Shakur, Eminem, 50 Cent and the Roots." In response, UMG issued a statement disputing the characterization of the damage it caused to the company's archives, saying the article contains "numerous inaccuracies, misleading statements, contradictions and fundamental misunderstandings of the scope of the incident and affected assets. While there are constraints preventing us from publicly addressing some of the details of the fire that occurred at NBCUniversal Studios facility more than a decade ago, the incident -- while deeply unfortunate -- never affected the availability of the commercially released music nor impacted artists' compensation." "The claims of the people who have lost their futures in some respects are far more significant than would be dealt with in a class action," King told the paper. "The claims of our clients are significant enough to justify individual lawsuits." Another attorney, Ed McPherson, Esq. -- emcpherson@mcpherson-llp.com -- of McPherson LLP, representing entertainment clients, told the paper he has heard from numerous musicians concerned about the fate of recordings they may have lost. He said, "We are definitely exploring all options."[GN] USPTO: Morinville Sues over SAWS Flag on Patent Application ----------------------------------------------------------- PAUL MORINVILLE, 3290 Ridge Road, Highland, IN 46322, and GILBERT P. HYATT, 7335 Tara Avenue, Las Vegas, NV 89117, the Plaintiffs, v. UNITED STATES PATENT AND TRADEMARK OFFICE, 600 Dulany Street, Alexandria, VA 22314, the Defendant, Case No. 1:19-cv-01779 (D. Colo., June 18, 2019), seeks monetary relief, as authorized by the Privacy Act, and declaratory relief on behalf of the class of all patent applicants whose applications were flagged under the Sensitive Application Warning System. In the mid-1990s, the PTO established a secret program called the "Sensitive Application Warning System," or "SAWS," under which it blocked issuance of patent applications identified as "sensitive" by its personnel. A SAWS flag served as a scarlet letter for patent applications, alerting PTO personnel that a flagged application was considered to be an abusive "submarine" application or otherwise objectionable. As a result, flagged applications were delayed and prejudiced in their prosecution, injuring their owners. Despite the prejudice and injury to patent applicants caused by SAWS flags, the PTO never disclosed to applicants that their applications were flagged, much less the SAWS reports that provided the purported factual basis for flagging. Patent applicants were thereby denied the ability to challenge the flagging of their applications and the adverse consequences of the flagging, or even to dispute the factual basis for the PTO's determination to flag applications. The PTO's withholding of SAWS reports and SAWS flags from patent applicants whose applications were flagged under SAWS violates the Privacy Act. The Privacy Act requires agencies, including the PTO, to "maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination." The PTO's failure to place SAWS reports and SAWS flags in patent application files denied applicants a fair chance to contest PTO's flagging decisions, as well as the numerous adverse consequences with respect to actions on their applications that flowed from the entry of a SAWS flag, the lawsuit says. [BN] Attorneys for the Plaintiffs are: Andrew M. Grossman, Esq. Mark W. DeLaquil, Esq. BAKER & HOSTETLER LLP 1050 Connecticut Ave., N.W., Suite 1100 Washington, D.C. 20036 Telephone: (202) 861-1697 E-mail: agrossman@bakerlaw.com mdelaquil@bakerlaw.com VISTA HOTEL: Stewart Asserts Breach of Disabilities Act ------------------------------------------------------- Vista Hotel II Inc. is facing a class action lawsuit filed pursuant to the Americans with Disabilities Act. The case is styled as John Stewart, individually and on behalf of all others similarly situated, Plaintiff v. Vista Hotel II Inc doing business as: Best Western St. Augustine Beach Inn, Defendant, Case No. 3:19-cv-00734-BJD-JBT (M.D. Fla., June 19, 2019). Best Western St. Augustine Beach Inn is a Spanish-style Hotel.[BN] The Plaintiff is represented by: Jessica Lynn Kerr, Esq. The Advocacy Group, LLC 200 SE 6th St Ste 504 Fort Lauderdale, FL 33301-3424 Tel: (954) 282-1858 Fax: (844) 786-3694 Email: jkerr@advocacypa.com VIVIAN HORAN: Web Site Not Blind-Friendly, Matzura Suit Says ------------------------------------------------------------ STEVEN MATZURA AND ON BEHALF OF ALL OTHER PERSONS SIMILARLY SITUATED v. VIVIAN HORAN FINE ART LLC, Case No. 1:19-cv-05248 (S.D.N.Y., June 4, 2019), arises from the Defendant's alleged failure to design, construct, maintain, and operate its Web site--http://www.vivianhoran.com/--tobe fully accessible to and independently usable by the Plaintiff and other blind or visually-impaired people. Vivian Horan Fine Art LLC is a Domestic Limited Liability Company registered to do business in the state of New York with a principal executive office located in New York City. The Defendant operates its art gallery, as well as the Web site and advertises, markets, and operates in the state of New York and throughout the United States.[BN] The Plaintiff is represented by: Jeffrey M. Gottlieb, Esq. Dana L. Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 East 18th Street, Suite PHR New York, NY 10003 Telephone: (212) 228-9795 Facsimile: (212) 982-6284 E-mail: nyjg@aol.com danalgottlieb@aol.com WEISS MEMORIAL: Heard Seeks to Stop Illegal Use of Biometric Data ----------------------------------------------------------------- COREY HEARD, individually and on behalf of all others similarly situated v. WEISS MEMORIAL HOSPITAL FOUNDATION, Case No. 2019CH06763 (Ill. Cir., Cook Cty., June 4, 2019), seeks to redress and curtail the Defendant's alleged unlawful collection, use, storage, and disclosure of the Plaintiff's sensitive and proprietary biometric data. Weiss is a private, not-for-profit hospital located in Chicago, Illinois, and operates within the City and in this Circuit. Weiss Memorial Hospital employed the Plaintiff as a respiratory therapist.[BN] The Plaintiff is represented by: Ryan F. Stephan, Esq. James B. Zouras, Esq. Catherine T. Mitchell, 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: rstephan@stephanzouras.com jzouras@stephanzouras.com cmitchell@stephanzouras.com hjenkins@stephanzouras.com WELLS FARGO: Chang Suit Alleges Breach of Fiduciary Duty -------------------------------------------------------- Annie Chang, Tiger Chang Investments, LLC, Asians Investing in Real Estate, LLC, Melanie Gonzales, Gary Gonzales, and G&M You-Nique Property LLC., individually and on behalf of all others similarly situated v. Wells Fargo Bank, N.A., Case No. 3:19-cv-01973 (N.D. Calif., April 12, 2019), is brought against the Defendant for fraud, negligence and breach of fiduciary duty. The Plaintiffs and other members of the class are victims of a Ponzi scheme perpetrated with Defendant Wells Fargo's knowing assistance and through its gross negligence, and in violation of its fiduciary duties, as trustee, custodian, and/or escrow agent of the Plaintiffs' and similarly situated investors' money, asserts the complaint. The scheme was the brainchild of Jerome Cohen and his son, Shaun Cohen, who, through the companies they together controlled (referred to herein collectively as "Equitybuild"), raised money from investors ostensibly to invest in a real estate investment program that the Cohens managed and that purchased, renovated, and developed income-producing real estate properties in Chicago. The Plaintiff alleges that Wells Fargo was willing to deviate from its standard course of business to accommodate Equitybuild. The Defendant knowingly assisted in Ponzi payments and the perpetration of fraud and breach of fiduciary duty on the Plaintiffs and allowed investors' money to be misused and misappropriated with knowledge and through its own gross negligence. The Plaintiffs are investors of Equitybuild to which the Defendant served as custodian for the fiduciary funds deposited by its investors. The Defendant is a financial services company headquartered in San Francisco, California. Wells Fargo is the third largest bank in the United States as measured by assets. [BN] The Plaintiffs are represented by: Eve H. Cervantez, Esq. ALTSHULER BERZON LLP 177 Post Street, Suite 300 San Francisco, CA 94108 Tel: (415) 421-7151 Fax: (415) 362-8064 E-mail: ecervantez@altshulerberzon.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. 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. 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