/raid1/www/Hosts/bankrupt/CAR_Public/190912.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, September 12, 2019, Vol. 21, No. 183
Headlines
15 JOHN CORP: LaJaunie Appeals From Judgment in Murphy FLSA Suit
3M COMPANY: Removes Combat Arms Earplugs Suit to W.D. Ky.
ACARDIA RECOVERY: Thomas Files FDCPA Suit in S.D. Ohio
AKORN INC: Ruling on Plaintiff Counsel Fees under Appeal
AMERICAN INT'L: Artiste Suit Moved to Central Dist. of California
ARS NATIONAL: Armitage Files FDCPA Suit in Illinois
ARS NATIONAL: Maymi Files FDCPA Suit in E.D. New York
ATLANTIC CREDIT: Faces Lopez Suit in District of New Jersey
BEL USA: Reid Asserts Breach of Disabilities Act
BEST BUDZ: Fails to Pay Technicians' Minimum & OT Wages, Lee Says
BLACKBAUD INC: Brown Appeals C.D. California Ruling to 9th Cir.
CADILLAC LOUNGE: Fails to Pay Dancers Minimum Wages, Molina Says
CAPITAL ONE: Stirnweis Seeks OT Pay for Insurance Specialists
CARDINAL HEALTH: Nguyen Seeks Overtime Wages for Pharmacists
CAWLEY & BERGMANN: Muldowney Files FDCPA Class Action in New York
CELLECTRIC ELECTRICAL: Sherman Suit Alleges Breach of Contract
CENTENE CORPORATION: Fails to Pay Proper Wages, Del Toro Says
CHARTER COMMUNICATIONS: Removes Gonzales Suit to C.D. California
CHESAPEAKE LODGING: Agrees to Resolve Kent Class Action
CLOUDERA INC: Still Defends 3 Securities Class Suit in California
COLLECTION RESOURCES: Duffy Files FDCPA Suit in W.D. Michigan
CONDOR HOSPITALITY: NexPoint Merger Docs Omit Info, Sabatini Says
CONDOR HOSPITALITY: Raul Challenges Proposed Sale to NexPoint
CREDENCE RESOURCE: Diez Asserts Breach of FDCPA in New York
CRST EXPEDITED: Tapia Suit Moved to Central District of California
DAVID MARCUS: Ybarra Seeks Overtime Pay for Office Staff
DELTA AIRLINES: Ruling in Pimentel Labor Suit under Appeal
ENCORE HEALTH: Jones et al. Suit Transferred to E.D. Pennsylvania
EXPRESS SCRIPTS: Harrod Appeals Class Cert. Bid Denial to 11th Cir.
EXXONMOBIL OIL: Kendig Suit Underway in C.D. California
FAIR COLLECTIONS: Ali Files FDCPA Suit in E.D. New York
FINISAR CORP: Ruling in Calif. Securities Class Suit under Appeal
FORD MOTOR: Ardent Sues over Deceptive Fuel Economy Ratings
GEICO CASUALTY: Tenth Circuit Appeal Initiated in Pearson Suit
GEICO GENERAL: Williams Files Class Action for Breach of Contract
GLOBAL CUSTOM COMMERCE: Diaz Files ADA Suit in S.D. New York
GREENVIEW PROPERTIES: Edwards, et al Seek OT Pay for Laborers
HELLERMANNTYTON CORP: Smith Suit Moved to E.D. Wisconsin
HOME DEPOT: Brunson Files PI Class Suit in Georgia
HORIZON TALK: Has Made Unsolicited Calls, Castillo Suit Claims
HP INC: Parziale Class Suit Seeks to Stop Unfair Business Practices
HUNTER WARFIELD: Rapponotti Files FDCPA Suit in W.D. Texas
JACKSON HEWITT: Hancock Suit Transferred to W.D. Texas
JAEBUDO INC: Kim Seeks Unpaid Wages for Employees
JUUL LABS: Misrepresents Nicotine Content, Suit Claims
KAMY INVESTMENTS: Fails to Pay Minimum or OT Wages, Marquis Says
KOPELOWITZ OSTROW: Faces Suit over 1 Global Investment Fraud
LA PERLA: Reid Alleges Violation under Disabilities Act
LILIS 200 WEST: Underpays Deliver Drivers, Chen Suit Alleges
MDL 2919: Consolidation of Fuel Pump Cases v GM, Ford & FCA Sought
MEDICAL DATA: Stallworth Sues over Debt Collection Practices
MID AMERICA MORTGAGE: Fails to Pay Proper FLSA Wages, Knight Says
NELSON & KENNARD: Bonilla Files FDCPA Suit in E.D. New York
NEW PRIME: Removes Hansen Labor Suit to C.D. Calif.
NEW YORK: BOD Files 4 Appeals in Gulino Suit to 2nd Circuit
NEW YORK: Faces Allen et al Suit in Southern District of New York
PAMPERED CHEF: Slade Asserts Breach of Disabilities Act
PENN CREDIT: Faces Hartman Suit in District of New Jersey
PETTIGREW CREWING: Removes Landy Labor Suit to C.D. California
PG CUTTING: Vega Seeks Minimum Wage for Machine Operators
PHONEPOWER INC: Reid Files ADA Suit in S.D. New York
PIER A BATTERY PARK: Rios Files ADA Suit in New York
PITTSBURGH FONDUE: Vaughn Seeks Minimum Wage for Tipped Employees
RIO TINTO: Colbert Appeals Securities Suit Dismissal to 2nd Cir.
ROBERTITO'S TACO: Garcia Seeks Overtime Pay for Waitresses
SAREPTA THERAPEUTICS: Salinger Sues over Drug Trial Reports
SEATTLE CITY LIGHT: Deien Sues over Incorrect Billing
SENNHEISER ELECTRONIC: Diaz Files ADA Suit in S.D. New York
SIERRA TRADING POST: Reid Files ADA Suit in S.D. New York
SIGNPOST INC: Violates TCPA, Loftus Class Suit Asserts
SJV USA INC: Diaz Files ADA Suit in S.D. New York
STEVEN COHEN: Ortiz Files FDCPA Class Action in New York
STRAUS & ASSOCIATES: Spears Sues over Debt Collection Practices
SUN BUM SUNCARE: Conner Files ADA Class Action
SUNCOAST CREDIT: Loomis Balks at Multiple Insufficient Funds Fees
SWEETWATER SOUND: Reid Files ADA Suit in S.D. New York
TOP FLITE: Fabricant Sues over Unsolicited Calls & Text Messages
TOP SHIPS: Onel Appeals Brady Suit Dismissal to 2nd Circuit
TRUSTED MEDIA: Tovey Suit Moved to Southern District of California
UBS FINANCIAL: Lampkin Asks Supreme Ct. to Review Case Dismissal
UNITED INDUSTRIES: Bassaw Says Pesticide Not Effective
UNITED STATES: Smith Files Class Suit in Federal Claims Ct.
USHEALTH GROUP: Jones Suit Removed to Kansas Dist. Ct.
VECTOR STRUCTURAL: Osorio Suit Moved From S.D.N.Y. to E.D.N.Y.
VERINT SYSTEMS: Mediation Ongoing in Class Suit Against Unit
VINTAGE KING AUDIO: Diaz Files ADA Suit in S.D. New York
WANGS ALLIANCE: Lovelace Seeks OT Wages for Manual Workers
WHIRLPOOL CORP: Schechner Submits Sealed Appeal to Sixth Circuit
WOODLANDS FRANCHISE: Ivory Seeks to Recover Overtime Pay Under FLSA
*********
15 JOHN CORP: LaJaunie Appeals From Judgment in Murphy FLSA Suit
----------------------------------------------------------------
Defendant Philippe LaJaunie filed an appeal from a District Court
judgment issued on August 1, 2019, in the lawsuit entitled Ethan
Murphy, et al. v. Philippe Lajaunie, et al., Case No.
1:13-cv-06503, in the U.S. District Court for the Southern District
of New York (New York City).
The appellate case is captioned as Murphy, et al. v. LaJaunie, Case
No. 19-2705, in the United States Court of Appeals for the Second
Circuit.
As previously reported in the Class Action Reporter, Mr. LaJaunie
filed an appeal from a court order entered on August 10, 2016.
That appellate case is styled Ethan Murphy, et al. v. Philippe
Lajaunie, et al., Case No. 16-3114.
Philip Lajaunie is the president of 15 John Corp. The Company
sought protection under Chapter 11 of the Bankruptcy Code (Bankr.
S.D.N.Y. Case No. 16-12453) on August 25, 2016.
The lawsuit alleges violations of the Fair Labor Standards Act.
Defendant-Appellant Philippe LaJaunie, of New York City, appears
pro se.[BN]
Plaintiffs-Appellees Ethan Murphy, et al., are represented by:
Denise Andrea Schulman, Esq.
JOSEPH & KIRSCHENBAUM LLP
32 Broadway, Suite 601
New York, NY 10004
Telephone: (212) 688-5640
Facsimile: (212) 688-2548
E-mail: denise@jhllp.com
3M COMPANY: Removes Combat Arms Earplugs Suit to W.D. Ky.
---------------------------------------------------------
The Defendants remove case captioned as BENJAMIN TYLER MCDOUGLE, on
behalf of himself and all others similarly situated, the Plaintiff,
vs. 3M COMPANY; 3M OCCUPATIONAL SAFETY LLC; AEARO HOLDINGS, LLC;
AEARO INTERMEDIATE, LLC; AEARO, LLC; and AEARO TECHNOLOGIES, LLC,
the Defendants, Case No. 19–CI–01029 (Filed July 26, 2019),
from Circuit Court of Warren County, Kentucky, to the United States
District Court for the Western District of Kentucky, Bowling Green
Division on Aug. 30, 2019. The Western District of Kentucky Court
Clerk assigned Case No. 1:19-cv-00115-GNS to the proceeding.
McDougle filed the products-liability action alleging that
dual-ended Combat Arms earplugs he was provided during his military
service and allegedly designed or manufactured by the "Aearo
Defendants" were defective. McDougle began his military service in
2014 and was discharged in 2016, the same year he was allegedly
diagnosed with noise induced hearing loss. McDougle seeks
compensatory damages, with interest, costs of suit, and attorneys'
fees, and punitive damages.[BN]
Counsel for the Plaintiff are:
David O'Brien Suetholz, Esq.
J. Gerrard Stranch, IV, Esq.
BRANSTETTER, STRANCH & JENNINGS, PLLC
515 Park Avenue
Louisville, KY 40208
Telephone: (502) 636–4333
E-mail: davids@bsjfirm.com
gerards@bsjfirm.com
Counsel for the Defendants are:
Byron N. Miller, Esq.
Michael J. Bender, Esq.
THOMPSON MILLER & SIMPSON PLC
734 West Main Street, Suite 400
Louisville, KY 40202
Telephone: (502) 585-9900
Facsimile: (502) 585-9993
E-mail: bmiller@tmslawplc.com
mbender@tmslawplc.com
ACARDIA RECOVERY: Thomas Files FDCPA Suit in S.D. Ohio
------------------------------------------------------
A class action lawsuit has been filed against Arcadia Recovery
Bureau, LLC. The case is styled as Mary Thomas individually and on
behalf of all others similarly situated, Plaintiff v. Arcadia
Recovery Bureau, LLC, John Does 1-25, Defendants, Case No.
2:19-cv-03868-EAS-EPD (S.D. Ohio, Sept. 5, 2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Arcadia Recovery Bureau has been providing accounts receivable
management solutions to organizations seeking to bridge the gap
between services rendered and payments received since 1973.[BN]
The Plaintiff is represented by:
Amichai Eitan Zukowsky, Esq.
23811 Chagrin Blvd., Ste. 160
Beachwood, OH 44122
Phone: (216) 800-5529
Fax: (216) 514-4987
Email: ami@zukowskylaw.com
AKORN INC: Ruling on Plaintiff Counsel Fees under Appeal
--------------------------------------------------------
The case SHAUN HOUSE, On Behalf of Himself and All Others Similarly
Situated, the Plaintiff, v. AKORN, INC., JOHN N. KAPOOR, KENNETH S.
ABRAMOWITZ, ADRIENNE L. GRAVES, RONALD M. JOHNSON, STEVEN J. MEYER,
TERRY A. RAPPUHN, BRIAN TAMBI, and ALAN WEINSTEIN, the Defendants,
Case No. 19-2408, is an appeal filed on July 24, 2019 by Plaintiff
to the United States Court of Appeals for the Seventh Circuit from
the Court's Memorandum Opinion and Order dated June 24, 2019, which
ordered Plaintiff's counsel to return the attorney's fees the
Defendants agreed to pay.
House et al sued Akorn and members of its board of directors
seeking certain disclosures regarding a proposed acquisition by
Frensenius Kabi AG. See 17 C 5018, R. 53 (House v. Akorn, Inc.,
2018 WL 4579781 (N.D. Ill. Sept. 25, 2018)); 17 C 5016, R. 81 (Berg
v. Akorn, Inc., 2017 WL 5593349 (N.D. Ill. Nov. 21, 2017)). After
Akorn revised its proxy statement and issued a Form 8-K, Plaintiffs
dismissed their lawsuits and settled for attorney's fees.
Shortly thereafter, Theodore Frank, an owner of 1,000 Akorn shares,
sought to intervene to object to the attorneys' fee settlement. The
Court eventually denied Frank's motion to intervene, but in light
of Frank's arguments, ordered Defendants to file a brief addressing
whether the Court should exercise its inherent authority to
abrogate the settlement agreements under the standard set forth In
re Walgreen Co. Stockholder Litigation, 832 F.3d 718, 725 (7th Cir.
2016).[BN]
Counsel for the Plaintiff are:
Miles D. Schreiner, Esq.
Juan E. Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Avenue, Suite 4405
New York, NY 10118
Telephone.: (212) 971-1341
Facsimile: (212) 202-7880
E-mail: mschreiner@monteverdelaw.com
jmonteverde@monteverdelaw.com
- and -
Paul D. Malmfeldt, Esq.
BLAU & MALMFELDT
566 West Adams Street, Suite 600
Chicago, IL 60661
Telephone: (312) 443-1600
Facsimile: (312) 443-1665
E-mail: pmalmfeldt@blau-malmfeldt.com
AMERICAN INT'L: Artiste Suit Moved to Central Dist. of California
-----------------------------------------------------------------
The case, Maison D Artiste, individually and on behalf of other
persons similarly situated, the Plaintiff, vs. American
International Group, Inc., Lexington Insurance Company, and Does
1-100, the Defendants, Case No. 19STCV26391, was removed from the
Superior Court County of Los Angeles, to the U.S. District Court
for the Central District of California (Western Division - Los
Angeles) on Aug 30, 2019. The Central District of California Court
Clerk assigned Case No. 2:19-cv-07574 to the proceeding. The suit
demands $5 million in damages and alleges insurance-related
issues.
American International is an American multinational finance and
insurance corporation with operations in more than 80 countries and
jurisdictions. As of December 31, 2016, AIG companies employed
56,400 people.[BN]
The Plaintiff appears pro se.
Attorneys for the Defendants are:
Sonia Renee Martin, Esq.
DENTONS US LLP
Spear Tower
One Market Plaza 24th Floor
San Francisco, CA 94105
Telephone: (415) 882-2476
Facsimile: (415) 267-4198
E-mail: sonia.martin@dentons.com
ARS NATIONAL: Armitage Files FDCPA Suit in Illinois
---------------------------------------------------
A class action lawsuit has been filed against ARS National Services
Inc. The case is styled as Linda Armitage on behalf of herself and
others similarly situated, Plaintiff v. ARS National Services Inc.,
Defendant, Case No. 1:19-cv-05958 (N.D. Ill., Sept. 5, 2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
ARS National Services, Inc. offers accounts receivable management
services. It caters to financial services organizations; banks; and
credit card companies. The company is based in Escondido,
California.[BN]
The Plaintiff is represented by:
Celetha Chatman, Esq.
Michael Jacob Wood, Esq.
Community Lawyers Group, Ltd.
20 North Clark Street, Suite 3100
Chicago, IL 60602
Phone: (312) 757-1880
Email: cchatman@communitylawyersgroup.com
mwood@communitylawyersgroup.com
ARS NATIONAL: Maymi Files FDCPA Suit in E.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against ARS National Services
Inc. The case is styled as Wilson Maymi individually and on behalf
of all others similarly situated, Plaintiff v. ARS National
Services Inc., Defendant, Case No. 1:19-cv-05046 (E.D. N.Y., Sept.
5, 2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
ARS National Services, Inc. offers accounts receivable management
services. It caters to financial services organizations; banks; and
credit card companies. The company is based in Escondido,
California.[BN]
The Plaintiff is represented by:
David M. Barshay, Esq.
Craig B. Sanders, Esq.
Barshay Sanders, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (516) 203-7600
Fax: (516) 281-7601
Email: dbarshay@barshaysanders.com
csanders@barshaysanders.com
ATLANTIC CREDIT: Faces Lopez Suit in District of New Jersey
-----------------------------------------------------------
A class action lawsuit has been filed against Atlantic Credit &
Finance, Inc. The case is captioned as JOSE LOPEZ, on behalf of him
and all others similarly situated, the Plaintiff, vs. ATLANTIC
CREDIT & FINANCE, INC., the Defendant, Case No.
2:19-cv-17033-KSH-CLW (D.N.J., Aug 21, 2019). The suit alleges
violation of Fair Debt Collection Act. The case is assigned to the
Hon. Judge Katharine S. Hayden.
Atlantic Credit provides financial services. The Company offers
unsecured and consumer distressed assets, as well as collection and
management services. Atlantic Credit & Finance serves clients in
the States of Virginia and Minnesota.[BN]
Attorneys for the Plaintiff are:
Lawrence C. Hersh, Esq.
17 Sylvan Street, Suite 102B
Rutherford, NJ 07070
Telephone: (201) 507-6300
E-mail: lh@hershlegal.com
BEL USA: Reid Asserts Breach of Disabilities Act
------------------------------------------------
Bel USA LLC is facing a class action lawsuit filed pursuant to the
Americans with Disabilities Act. The case is styled as Valentin
Reid, other on behalf of himself and all others similarly situated,
Plaintiff v. Bel USA LLC, Defendant, Case No. 1:19-cv-08242 (S.D.
N.Y., Sept. 4, 2019).
Bel USA LLC is a printer and online retailer of customized
promotional products, including mugs, drinkware, t-shirts, tote
bags, pens and a variety of other printed items.[BN]
The Plaintiff is represented by:
David Paul Force, Esq.
Stein Saks, PLLC
285 Passaic Street
Hackensack, NJ 07601
Tel: (201) 282-6500
Email: dforce@steinsakslegal.com
BEST BUDZ: Fails to Pay Technicians' Minimum & OT Wages, Lee Says
-----------------------------------------------------------------
COURTNEY LEE, on behalf of herself and all others similarly
situated v. BEST BUDZ LLC, a Colorado limited liability company,
and TYSON RINGSTROM, an individual, Case No. 1:19-cv-02430 (D.
Colo., Aug. 27, 2019), is brought on behalf of all cannabis
trimmers, harvesters, grow technicians, cultivators, and like
positions employed by Best Budz in Colorado for alleged violations
of the Fair Labor Standards Act.
The Plaintiff alleges that the Defendants violated the FLSA and the
applicable Colorado Minimum Wage Order by failing to pay
technicians (regardless of actual job title) (i) the applicable
minimum wage for all hours worked; and (ii) overtime compensation
at the proper regular rates of pay.
Best Budz is a Colorado limited liability company having a
principal office address of 3729 Austin Bluffs Parkway, in Colorado
Springs, Colorado. Mr. Ringstrom is the sole member of Best Budz.
The Defendants operate a cannabis retail dispensary.[BN]
The Plaintiff is represented by:
Paul F. Lewis, Esq.
Michael D. Kuhn, Esq.
Andrew E. Swan, Esq.
LEWIS KUHN SWAN PC
620 North Tejon Street, Suite 101
Colorado Springs, CO 80903
Telephone: (719) 694-3000
Facsimile: (866) 515-8628
E-mail: plewis@lks.law
mkuhn@lks.law
aswan@lks.law
BLACKBAUD INC: Brown Appeals C.D. California Ruling to 9th Cir.
---------------------------------------------------------------
Plaintiff William Brown filed an appeal from a Court ruling in the
lawsuit titled William Brown v. Blackbaud, Inc., Case No.
2:18-cv-03549-AB-KS, in the U.S. District Court for the Central
District of California, Los Angeles.
As previously reported in the Class Action Reporter, the lawsuit
was initiated on April 26, 2018, and assigned to Judge Andre
Birotte Jr. and referred to Magistrate Judge Karen L. Stevenson.
Blackbaud, Inc. provides cloud software solutions to nonprofits,
foundations, corporations, education institutions, healthcare
organizations, and other charitable giving entities primarily in
the United States, Canada, the United Kingdom, and Australia.
Blackbaud, Inc. was founded in 1981 and is headquartered in
Charleston, South Carolina.
The appellate case is captioned as William Brown v. Blackbaud,
Inc., Case No. 19-55990, in the United States Court of Appeals for
the Ninth Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Transcript must be ordered by September 23, 2019;
-- Transcript is due on October 22, 2019;
-- Appellant William Brown's opening brief is due on
December 2, 2019;
-- Appellee Blackbaud, Inc.'s answering brief is due on
December 31, 2019;
-- Appellant's optional reply brief is due 21 days after
service of the answering brief.[BN]
Plaintiff-Appellant WILLIAM BROWN, on Behalf of Himself and all
Others Similarly Situated, is represented by:
Yeremey O. Krivoshey, Esq.
Lawrence Timothy Fisher, Esq.
Joel D. Smith, Esq.
BURSOR & FISHER, P.A.
1990 N. California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ykrivoshey@bursor.com
ltfisher@bursor.com
jsmith@bursor.com
- and -
Scott A. Bursor, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Telephone: (212) 989-9113
Facsimile: (212) 989-9163
E-mail: scott@bursor.com
Defendant-Appellee BLACKBAUD, INC. is represented by:
Nancy R. Thomas, Esq.
MORRISON & FOERSTER LLP
707 Wilshire Boulevard, Suite 6000
Los Angeles, CA 90017
Telephone: (213) 892-5200
E-mail: NThomas@mofo.com
- and -
James R. McGuire, Esq.
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, CA 94105-2482
Telephone: (415) 268-7013
E-mail: jmcguire@mofo.com
CADILLAC LOUNGE: Fails to Pay Dancers Minimum Wages, Molina Says
----------------------------------------------------------------
DAIMARIE PABON MOLINA on Behalf of Herself and on Behalf of All
Others Similarly Situated v. THE CADILLAC LOUNGE, L.L.C., both
d/b/a THE CADILLAC LOUNGE, VALENTINO LOMBARDI, Case No.
1:19-cv-00446 (D.R.I., Aug. 26, 2019), alleges that the Defendants
required and/or permitted the Plaintiff and others to work as
exotic dancers at their adult entertainment club but refused to
compensate them at the applicable minimum wage, in violation of the
Fair Labor Standards Act.
The Cadillac Lounge, L.L.C., doing business as Cadillac Lounge,
operates an adult entertainment club in Rhode Island. Valentino D.
Lombardi is an officer of the Company, and owns and manages
Cadillac Lounge.[BN]
The Plaintiff is represented by:
Thomas J. Enright, Esq.
ENRIGHT LAW LLC
696 Reservoir Avenue
Cranston, RI 02910
Telephone: (401) 526-2620
Facsimile: (401) 457-7117
E-mail: tom@enrightlawoffice.com
- and -
Gabriel A. Assaad, Esq.
KENNEDY HODGES, L.L.P.
4409 Montrose Blvd., Suite 200
Houston, TX 77006
Telephone: (713) 523-0001
Facsimile: (713) 523-1116
E-mail: gassaad@kennedyhodges.com
CAPITAL ONE: Stirnweis Seeks OT Pay for Insurance Specialists
-------------------------------------------------------------
Virginia Stirnweis, the Plaintiff, vs. Capital One Services, LLC,
Capital One Financial Corporation, and Capital One, National
Association, the Defendants, Case No. 3:19-cv-00637 (E.D. Va., Aug.
30, 2019), seeks unpaid overtime pursuant to the Fair Labor
Standards Act of 1938.
The Plaintiff was employed by Capital One as a Corporate Insurance
Specialist, also called a risk specialist. She regularly worked
more than 40 hours per workweek for the Defendants without
receiving overtime compensation as required under the FLSA.
The lawsuit contends that Capital One wrongly classified Plaintiff
and other Corporate Insurance Specialists or risk specialist as
exempt from overtime under the FLSA.
The Plaintiff also asserts claims for declaratory relief that a
specific provision of her severance agreement is unenforceable such
that Plaintiff will be permitted to pursue her FLSA claims on a
collective basis without being in breach of such Agreement.
Capital One is a bank holding company specializing in credit cards,
auto loans, banking, and savings accounts, headquartered in McLean,
Virginia. Capital One is ranked 10th on the list of largest banks
in the United States by assets.[BN]
Attorney for the Plaintiff are:
Craig Juraj Curwood, Esq.
CURWOOD LAW FIRM
530 E. Main Street, Suite 710
Richmond, VA 23219
Telephone: (804) 788-0808
Facsimile: (804) 767-6777
E-mail: ccurwood@curwoodlaw.com
CARDINAL HEALTH: Nguyen Seeks Overtime Wages for Pharmacists
------------------------------------------------------------
NANCY NGUYEN, individually and on behalf of all others similarly
situated, the Plaintiff, vs. CARDINAL HEALTH PHARMACY SERVICES,
LLC, a Delaware Limited Liability Company; CARDINAL HEALTH, INC.,
an Ohio Corporation; 504 CARDINAL HEALTH PHARMACY SERVICES, an
unknown association; 504 CARDINAL HEALTH PHARMACY SERVICES d.b.a.
CARDINAL HEALTH, an unknown association; and DOES 1 to 100,
inclusive, Case No. 34-2019-00263185 (Cal. Super., Aug. 21, 2019),
alleges that Defendants failed to pay overtime wages and committed
meal period violations, rest period violation, wage statement
violations, and waiting time penalties pursuant to the California
Labor Code.
The Plaintiff brings the class action of behalf of all non-exempt,
hourly employees who worked for Defendants in California as a
pharmacist, pharmacy technician, or similar position.
The Plaintiff worked for Defendants from approximately March 1,
2016 to February 14,2019. The Defendants failed to compensate
Plaintiff and similarly situated employees for all overtime owed.
The Defendants also failed to authorize and permit Plaintiff and
similarly situated employees to take all meal and rest periods owed
to them, including first meal periods before the completion of
their fifth hour of work, and second meal periods and third rest
periods when Plaintiff and similarly situated employees worked over
10 hours in a shift.[BN]
Attorneys for the Plaintiff are:
Galen Shimoda, Esq.
Justin Rodriguez, Esq.
Brittany V. Berzin, Esq
SHIMODA LAW CORP.
9401 East Stockton Blvd., Suite 200
Elk Grove, CA 95624
Telephone: (916) 525-0716
Facsimile: (916) 760-3733
CAWLEY & BERGMANN: Muldowney Files FDCPA Class Action in New York
-----------------------------------------------------------------
A class action lawsuit has been filed against Cawley & Bergmann,
LLC. The case is styled as Matthew Muldowney, individually and on
behalf of all others similarly situated, Plaintiff v. Cawley &
Bergmann, LLC and JHPDE Finance 1, LLC, Defendants, Case No.
5:19-cv-01086-GTS-ML (N.D. N.Y., Sept. 3, 2019).
The docket of the case states the nature of suit as Consumer Credit
filed pursuant to the Fair Debt Collection Practices Act.
Cawley & Bergmann, LLC is a debt collection agency.[BN]
The 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) 281-7601
Email: csanders@barshaysanders.com
CELLECTRIC ELECTRICAL: Sherman Suit Alleges Breach of Contract
--------------------------------------------------------------
A class action lawsuit has been filed against Cellectric
Electrical, LLC. The case is styled as Steve Sherman, Randy Ryan
and all employees similarly situated, Plaintiffs v. Cellectric
Electrical, LLC and Motorola Solutions, Inc., Defendants, Case No.
C-04-CV-19-000396 (Md. Cir., Sept. 3, 2019).
The case type is stated as Contract - Breach.
Cellectric Electrical Llc is a licensed and bonded freight shipping
and trucking company running freight hauling business from East
Syracuse, New York.[BN]
The Plaintiff is represented by:
IAN THOMAS VALKENET, Esq.
600 WYNDHURST AVENUE STE 230
BALTIMORE, MD 21210
CENTENE CORPORATION: Fails to Pay Proper Wages, Del Toro Says
-------------------------------------------------------------
KRISTI DEL TORO, individually, and on behalf of all others
similarly situated, Plaintiff v. CENTENE CORPORATION; ENVOLVE
PHARMACY SOLUTIONS, INC.; US SCRIPT LLC (dba US SCRIPT, INC.); and
DOES 1 through 10, inclusive, Defendants, Case No. 5:19-cv-05163-NC
(N.D. Cal., Aug. 19, 2019) is an action against the Defendants for
failure to pay minimum wages, overtime compensation, authorize and
permit meal and rest periods, provide accurate wage statements, and
reimburse necessary business expenses.
The Plaintiff Del Toro was employed by the Defendants as non-exempt
employee.
Centene Corporation operates as a multi-line managed care
organization that provides medicaid and medicaid-related programs.
The Company offers health plans in several states. Centene also
provides specialty services including behavioral health, nurse
triage, and treatment compliance. [BN]
The Plaintiff is represented by:
Ronald H. Bae, Esq.
Olivia D. Scharrer, Esq.
AEQUITAS LEGAL GROUP
1156 E. Green Street, Suite 200
Pasadena, CA 91106
Telephone: (213) 674-6080
Facsimile: (213) 674-6081
E-mail: rbae@AequitasLegalGroup.com
oscharrer@AequitasLegalGroup.com
CHARTER COMMUNICATIONS: Removes Gonzales Suit to C.D. California
----------------------------------------------------------------
Defendant Charter Communications, LLC removed on August 30, 2019),
the lawsuit titled DARIO GONZALES and MARTIN PALACIOS, individually
and on behalf of all others similarly situated v. Charter
Communications, LLC, and Does 1 through 100, inclusive, Case No.
19STCV22289, from the Superior Court of the State of California for
the County of Los Angeles to the U.S. District Court for the
Central District of California.
The District Court Clerk assigned Case No. 2:19-cv-07567 to the
proceeding.
On June 26, 2019, Plaintiffs Dario Gonzales and Martin Palacios
filed this unverified putative class action complaint for damages.
The Plaintiffs allege violations in eleven causes of action against
the Defendants, including failure to pay minimum wage/overtime and
failure to provide accurate itemized wage statements.[BN]
Defendant CHARTER COMMUNICATIONS, LLC is represented by:
Max Fischer, Esq.
Aimee Mackay, Esq.
Megan McDonough, Esq.
MORGAN, LEWIS & BOCKIUS LLP
300 South Grand Avenue, Twenty-Second Floor
Los Angeles, CA 90071-3132
Telephone: (213) 612-2500
Facsimile: (213) 612-2501
E-mail: max.fischer@morganlewis.com
aimee.mackay@morganlewis.com
megan.mcdonough@morganlewis.com
CHESAPEAKE LODGING: Agrees to Resolve Kent Class Action
-------------------------------------------------------
Chesapeake Lodging Trust said in its Form 8-K filing with the U.S.
Securities and Exchange Commission filed on September 3, 2019, that
the company and Park Hotels & Resorts Inc. agrees to resolve the
class action suit entitled, Kent v. Chesapeake Lodging Trust, et
al., No. 1:19-cv-01201 (D.Del.)
On May 5, 2019, Chesapeake's Board of Trustees caused the
Chesapeake to enter into an agreement and plan of merger with Park
Hotel & Resorts Inc., PK Domestic Property LLC, and PK Domestic Sub
LLC.
On September 2, 2019, Chesapeake Lodging Trust, a Maryland real
estate investment trust ("Chesapeake") and Park Hotels & Resorts
Inc., a Delaware corporation ("Park"), reached an agreement to
resolve two lawsuits on behalf of Chesapeake shareholders,
including a purported class action, filed in the United States
District Court for the District of Delaware.
The purported class action is captioned Kent v. Chesapeake Lodging
Trust, et al., No. 1:19-cv-01201 (D.Del.) (the "Kent Action"), and
the other action is Terlinden v. Chesapeake Lodging Trust, et al.,
No. 1:19-cv-01263 (D.Del) (the "Terlinden Action," and together
with the Kent Action, the "Actions").
The Actions challenge the proposed merger of Chesapeake with and
into a subsidiary of Park (the "Merger"), in particular the
adequacy of the disclosure found in the Preliminary Proxy
Statement/Prospectus forming a part of the Registration Statement
on Form S-4 filed by Park with the Securities and Exchange
Commission ("SEC") on June 14, 2019 (the "Preliminary Proxy
Statement/Prospectus").
In connection with resolution of the Actions, Chesapeake has agreed
to make an amended and supplemental disclosures (the "Amended and
Supplemental Disclosures") to the Definitive Proxy
Statement/Prospectus filed by Park with the SEC on July 25, 2019
(the "Definitive Proxy Statement/Prospectus"). The Amended and
Supplemental Disclosures should be read in conjunction with the
Definitive Proxy Statement/Prospectus, which should be read in its
entirety.
Plaintiffs have agreed that they will dismiss the Actions with
prejudice as to the named plaintiffs only and, with regard to the
Kent Action, without prejudice to the putative class.
A copy of the amended and supplemental disclosure is available at
https://bit.ly/2lFUiYQ.
Chesapeake Lodging Trust, incorporated on June 12, 2009, is a real
estate investment trust. The Company is focused on investments
primarily in upper-upscale hotels in various business and
convention markets and, on a selective basis, select-service hotels
in urban settings or other locations in the United States. The
Company operates through the hotel ownership segment. The company
is based in Arlington Virginia.
CLOUDERA INC: Still Defends 3 Securities Class Suit in California
-----------------------------------------------------------------
Cloudera, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on September 4, 2019, for the
quarterly period ended July 31, 2019, that the company continues to
defend three class securities class action suits in California.
On June 7, 2019, a purported class action complaint was filed in
the United States District Court for the Northern District of
California, entitled Christie v. Cloudera, Inc., et al., Case No.
5:19-cv-3221-LHK. The complaint names as defendants Cloudera, its
former Chief Executive Officer, its Chief Financial Officer and a
former officer and director.
The action purports to assert claims on behalf of Cloudera
stockholders under Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934 and SEC Rule 10b-5.
The complaint alleges that defendants made false and misleading
statements that artificially inflated the price of Cloudera stock
between April 28, 2017 and June 5, 2019.
Two substantially similar class action complaints, entitled
Zarantonello v. Cloudera, Inc., et al., Case No. 3:19-cv-4007-MMC,
and Dvornic v. Cloudera, Inc., et al., Case No. 3:19-cv-4310-SI,
were subsequently filed against the same defendants in the same
court.
The suits seek, among other things, an award of damages and
attorneys' fees and costs. Cloudera believes that the allegations
in the lawsuits are without merit.
Cloudera, Inc. provides platform for machine learning and analytics
in the United States, Europe, and Asia. The company operates
through two segments, Subscription and Services. Cloudera, Inc. was
founded in 2008 and is headquartered in Palo Alto, California.
COLLECTION RESOURCES: Duffy Files FDCPA Suit in W.D. Michigan
-------------------------------------------------------------
A class action lawsuit has been filed against Collection Resources
Incorporated. The case is styled as Sean Duffy individually and on
behalf of all others similarly situated, Plaintiff v. Collection
Resources Incorporated, John Does 1-25, Defendants, Case No.
1:19-cv-00726 (W.D. Mich., Sept. 5, 2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Collection Resources Incorporated (CRI) Medical Collections is a
collection agency specializing in debt recovery of past due patient
accounts and commercial debt.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
Stein Saks, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500 ext 101
Fax: (201) 282-6501
Email: ysaks@steinsakslegal.com
CONDOR HOSPITALITY: NexPoint Merger Docs Omit Info, Sabatini Says
-----------------------------------------------------------------
The case, ERIC SABATINI, Individually and On Behalf of All Others
Similarly Situated, the Plaintiff, vs. CONDOR HOSPITALITY TRUST,
INC., J. WILLIAM BLACKHAM, DANIEL R. ELSZTAIN, DONALD J. LANDRY,
DAPHNE J. DUFRESNE, THOMAS CALAHAN, BRENDAN MACDONALD, BENJAMIN
WALL, NOAH DAVIS, MATIAS I. GAIVIRONSKY, NHT OPERATING PARTNERSHIP,
LLC, NHT REIT MERGER SUB, LLC, NHT OPERATING PARTNERSHIP II, LLC,
and CONDOR HOSPITALITY LIMITED PARTNERSHIP, the Defendants, Case
No. 1:19-cv-01564-UNA (D. Del., Aug. 23, 2019), stems from a
proposed transaction announced on July 22, 2019, pursuant to which
Condor Hospitality Trust, Inc. will be acquired by affiliates of
NexPoint Hospitality Trust.
On July 19, 2019, Condor's Board of Directors caused the Company to
enter into the Merger Agreement with NHT Operating Partnership,
LLC, NHT REIT Merger Sub, LLC, NHT Operating Partnership II, LLC,
and Condor Hospitality Limited Partnership. Pursuant to the terms
of the Merger Agreement, Condor's stockholders will receive $11.10
in cash for each share of Condor they own.
On August 9, 2019, defendants filed a proxy statement with the
United States Securities and Exchange Commission in connection with
the Proposed Transaction.
The Proxy Statement omits material information with respect to the
Proposed Transaction, which renders the Proxy Statement false and
misleading.
With respect to KeyBanc's Premiums Paid Analysis, the Proxy
Statement fails to disclose: (i) the transactions observed by
KeyBanc in the analysis; and (ii) the premiums paid in the
transactions.
The Proxy Statement also fails to disclose a fair summary of any
discounted cash flow analysis and net present value analysis
performed by KeyBanc. The disclosure of projected financial
information is material because it provides stockholders with a
basis to project the future financial performance of a company, and
allows stockholders to better understand the financial analyses
performed by the company's financial advisor in support of its
fairness opinion. Moreover, when a banker's endorsement of the
fairness of a transaction is touted to shareholders, the valuation
methods used to arrive at that opinion as well as the key inputs
and range of ultimate values generated by those analyses must also
be fairly disclosed.
The Proxy Statement also omits material information regarding
potential conflicts of interest of KeyBanc. The Proxy Statement
fails to disclose the timing and nature of the past services
KeyBanc provided to NexPoint and its affiliates. The Proxy
Statement also fails to disclose the timing and nature of all
communications regarding KeyBanc and/or its affiliates providing
acquisition financing to NexPoint and its affiliates in connection
with the Proposed Transaction.[BN]
Attorneys for the Plaintiff are:
Gina M. Serra, Esq.
Brian D. Long, Esq.
RIGRODSKY & LONG, P.A.
300 Delaware Avenue, Suite 1220
Wilmington, DE 19801
Telephone: (302) 295-5310
Facsimile: (302) 654-7530
E-mail: bdl@rl-legal.com
gms@rl-legal.com
- and -
Richard A. Maniskas, Esq.
RM LAW, P.C.
1055 Westlakes Drive, Suite 300
Berwyn, PA 19312
Telephone: (484) 324-6800
Facsimile: (484) 631-1305
E-mail: rm@maniskas.com
CONDOR HOSPITALITY: Raul Challenges Proposed Sale to NexPoint
-------------------------------------------------------------
TAMMY RAUL, Individually and on Behalf of All Others Similarly
Situated v. CONDOR HOSPITALITY TRUST, INC., J. WILLIAM BLACKHAM,
DANIEL R. ELSZTAIN, DONALD J. LANDRY, DAPHNE J. DUFRESNE, THOMAS
CALAHAN, BRENDAN MACDONALD, BENJAMIN WALL, NOAH DAVIS, and MATIAS
I. GAIVIRONSKY, Case No. 1:19-cv-07968 (S.D.N.Y., Aug. 26, 2019),
alleges violations of the Securities Exchange Act of 1934 in
connection with the proposed sale of the Company to NexPoint
Hospitality Trust.
On July 22, 2019, Condor entered into an Agreement and Plan of
Merger with NexPoint. NexPoint is the operating partnership of
NexPoint Hospitality Trust, an unincorporated, open-ended real
estate investment trust established pursuant to a declaration of
trust under the laws of the Province of Ontario. NexPoint, through
NHT, owns 55.6% of the Company's common stock and 100% of its
Series E Preferred Stock. Pursuant to the terms of the Merger
Agreement, NexPoint will acquire all outstanding common shares of
Condor for $11.10 per share in an all-cash transaction valued at
approximately $318 million.
The Plaintiff, an owner of Condor common stock, alleges that in
order to convince Condor's stockholders to vote in favor of the
Proposed Transaction, the Board of Directors authorized the filing
of a materially incomplete and misleading preliminary proxy
statement with the SEC. The Plaintiff contends that the Proxy
Statement contains financial projections prepared by Condor in
connection with the Proposed Transaction, but fails to provide
material information concerning such.
Condor is a Maryland corporation with its principal executive
offices located in Bethesda, Maryland. The Individual Defendants
are directors and officers of the Company.
Condor is a real estate investment trust that specializes in the
ownership of premium-branded select-service, extended-stay, and
limited-service hotels in the upper-midscale and upscale segments
that are primarily located in the top 100 MSAs in the United
States. The Company's new investment strategy hotels are
franchised under premium brands such as Hilton, Marriott, and IHG
and are operated by third-party management companies.[BN]
The Plaintiff is represented by:
Joshua M. Lifshitz, Esq.
LIFSHITZ & MILLER LLP
821 Franklin Avenue, Suite 209
Garden City, NY 11530
Telephone: (516) 493-9780
Facsimile: (516) 280-7376
E-mail: jml@jlclasslaw.com
CREDENCE RESOURCE: Diez Asserts Breach of FDCPA in New York
-----------------------------------------------------------
A class action lawsuit has been filed against Credence Resource
Management LLC. The case is styled as Brian Diez, individually and
on behalf of all others similarly situated, Plaintiff v. Credence
Resource Management LLC, Defendant, Case No. 2:19-cv-05022 (E.D.
N.Y., Sept. 4, 2019).
The docket of the case states the nature of suit as Consumer Credit
filed pursuant to the Fair Debt Collection Practices Act.
Credence Resource Management LLC or CRM is a debt collection
agency.[BN]
The Plaintiff is represented by:
David M. Barshay, Esq.
Barshay Sanders, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Tel: (516) 203-7600
Fax: (516) 706-5055
Email: dbarshay@barshaysanders.com
- and -
Craig B. Sanders, Esq.
Barshay Sanders, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Tel: (516) 203-7600
Fax: (516) 281-7601
Email: csanders@barshaysanders.com
CRST EXPEDITED: Tapia Suit Moved to Central District of California
------------------------------------------------------------------
The case captioned as JOSEPH TAPIA an individual and on behalf of
all others similarly situated, the Plaintiff, vs. CRST EXPEDITED
INC, CRST INTERNATIONAL INC.; and DOES 1 through 10, inclusive, the
Defendants, Case No. CIV-DS-19-20423 (Filed July 16, 2019), was
removed from the Superior Court of San Bernardino County, to the US
District Court for the Central District of California on Aug. 30,
2019. The Central District of California Court Clerk assigned Case
No. 5:19-cv-01665 to the proceeding.
The case is a California class action for wage and labor violations
arising out of Defendants failure to fully compensate its driver
trainees according to law.[BN]
Attorneys for the Plaintiff are:
Joshua H Haffner, Esq.
Graham G Lambert, Esq.
HAFFNER LAW PC
445 South Figueroa Street Suite 2625
Los Angeles CA 90071
Telephone: 213 514 5681
Facsimile: 213 514 5682
E-mail: jhh@haffnerlawyers.com
gl@haffnerlawyers.com
DAVID MARCUS: Ybarra Seeks Overtime Pay for Office Staff
--------------------------------------------------------
CECILIA YBARRA, an individual, the Plaintiff, vs. DAVID MARCUS MD,
INC., a California Corporation; DAVID MARCUS MD, an individual; and
DOES 1 through 20, inclusive, the Defendants, Case No. 19STCV29567
(Cal. Super, Aug. 21, 2019), alleges that Defendants failed to pay
minimum wages, failed to furnish wage and hour statements, failed
to provide meal and rest period compensation, failed to pay wages
in a timely manner, and failed to pay overtime compensation under
the California Labor Code.
The Plaintiff began working for Defendants on or about August 2017
as an office manager. From the beginning of her employment until on
or about December 2017 Plaintiff worked roughly 10-12 hours per
week.
During that time and thereafter, the Defendants commenced a
practice of failing and refusing to provide Plaintiff with the
compensation to which she was entitled under the Labor Code. The
Defendants further required that Plaintiff be available beyond the
40 hour work week to tend to any office or patient needs, the
lawsuit says.
The Plaintiff was responsible for answering phone calls to the
office, communicating with insurance companies and pharmacies
regarding patients that Defendants treated, helping patients fill
out various forms and questionnaires for the treating psychiatrist,
Dr. Marcus, and completing basic assistant tasks for Dr. Marcus,
such as running errands on his behalf and securing office
supplies.
Moreover, Defendants did not even compensate Plaintiff at her
regular rate of pay for all of her hours worked within the 40 hour
work week. While Plaintiff generally worked at least eight hours
per day, even on those days she did not work overtime, Defendants
only paid her for 20 hours of work per week, the lawsuit says.
The Defendants owned and/or operated a psychiatry practice.[BN]
Attorneys for the Plaintiff are:
Jonathan P. LaCour, Esq.
LisaNoveck, Esq.
EMPLOYEES FIRST LABOR LAW P.C.
225 S. Lake Ave., 3rd Floor
Pasadena, CA 91101
Telephone: (310) 853-3461
Facsimile: (949) 743-5442
E-mail: lisan@pierrelacour.com
jonathanl @pierrelacour.com
DELTA AIRLINES: Ruling in Pimentel Labor Suit under Appeal
----------------------------------------------------------
The case, Nicholas Pimentel, individually and on behalf of all
other persons similarly situated, AKA Aasir Azza, the Plaintiff –
Appellant, vs. Delta Airlines, Inc., the Defendant – Appellee,
Case No. 19-2499 (2nd Cir.), is an appeal filed in the United
States Court of Appeals for the Second Circuit on Aug. 12, 2019,
from a lower court decision, Case No. 18-cv-2999 (EDNY). The suit
alleges violation of Labor Laws.
Delta is one of the major airlines of the United States and a
legacy carrier. It is headquartered in Atlanta, Georgia.
The Plaintiff – Appellant appears pro se.
Attorneys for Delta Airlines, Inc. are:
Ira G. Rosenstein, Esq.
MORGAN, LEWIS & BOCKIUS LLP
101 Park Avenue
New York, NY 10178
Telephone: 212 309-6960
ENCORE HEALTH: Jones et al. Suit Transferred to E.D. Pennsylvania
-----------------------------------------------------------------
KAREN JONES and NICOLE DORAN, individually and on behalf of all
others similarly situated, the Plaintiffs, vs. ENCORE HEALTH
RESOURCES, LLC, EMIDS TECHNOLOGIES PVT LTD. CORP., EMIDS
TECHNOLOGIES PVT LTD. CORP. f/k/a ENCORE HEALTH RESOURCES, LLC, and
SPECIALIST RESOURCES GLOBAL, INC. d/b/a EMIDS TECHNOLOGIES, the
Defendants, Case No. 2:19-cv-02682 (Filed July 20, 2019), was
transferred from the U.S. District Court for the Eastern District
of Pennsylvania, to the U.S. District Court for Southern District
of Texas (Houston) on Aug. 30, 2019. The Eastern District of
Pennsylvania Court Clerk assigned Case No. 4:19-cv-03298 to the
proceeding. The suit alleges violation of the Fair Labor Standards
Act. The case is assigned to the Hon. Judge Andrew S. Hanen.
Encore Health provides information technology consulting services
for the healthcare market. The Company offers health analytics,
revenue cycle, and physician advisory services.[BN]
Attorneys for the Plaintiffs are:
David J. Cohen, Esq.
James B Zouras, Esq.
Ryan Stephan, Esq.
STEPHAN ZOURAS LLP
604 Spruce Street
Philadelphia, PA 19106
Telephone: (215) 873-4836
E-mail: rstephan@stephanzouras.com
Attorneys for the Defendants are:
Stephen H. Barrett, Esq.
DLA PIPER LLP
1650 Market Street, 49th Floor
Philadelphia, PA 19103
Telephone: (215) 665-3165
EXPRESS SCRIPTS: Harrod Appeals Class Cert. Bid Denial to 11th Cir.
-------------------------------------------------------------------
Plaintiff Cynthea Harrod filed an appeal from a Court ruling in the
lawsuit titled Cynthea Harrod v. Express Scripts, Inc., Case No.
8:17-cv-01607-JSM-TGW, in the U.S. District Court for the Middle
District of Florida.
As reported in the Class Action Reporter on Sept. 2, 2019, the Hon.
James S. Moody, Jr., issued an order in the lawsuit:
1. granting the Defendant's Motion for Summary Judgment;
2. denying as moot the Plaintiff's Motion to Certify Class;
3. directing the Clerk of Court to enter Final Judgment in
favor of the Defendant and against the Plaintiff; and
4. directing the Clerk of Court to close this case and
terminate any pending motions as moot.
A $75 processing fee to obtain certain records forms the basis for
this lawsuit. Ms. Harrod claims this fee violates the Florida
Deceptive Unfair Trade Practices Act ("FDUTPA"). She also alleges
related breach of contract and unjust enrichment claims.
The appellate case is captioned as Cynthea Harrod v. Express
Scripts, Inc., Case No. 19-13328, in the United States Court of
Appeals for the Eleventh Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Appellant's Certificate of Interested Persons was due on or
before September 10, 2019, as to Appellant Cynthea Harrod;
and
-- Appellee's Certificate of Interested Persons is due on or
before September 24, 2019, as to Appellee Express Scripts,
Inc.[BN]
Plaintiff-Appellant CYNTHEA HARROD, Individually and o/b/o all
others similarly situated, is represented by:
Alex C. Davis, Esq.
JONES WARD PLC
312 S 4th St., FL 6
Louisville, Kentucky 40202
Telephone: (502) 882-6000
E-mail: alex@jonesward.com
- and -
Jason Kyle Whittemore, Esq.
WAGNER MCLAUGHLIN, P.A.
601 Bayshore Blvd., Suite 910
Tampa, FL 33606
Telephone: (813) 225-4000
E-mail: jason@WagnerLaw.com
- and -
Tiffany M. Yiatras, Esq.
CONSUMER PROTECTION LEGAL, LLC
308 Hutchinson Road
Ellisville, MO 63011-2029
Telephone: (855) 391-0378
E-mail: tiffany@consumerprotectionlegal.com
Defendant-Appellee EXPRESS SCRIPTS, INC. is represented by:
Robert L. Blank, Esq.
Tyler J. Derr, Esq.
Carie Lynn Hall, Esq.
RUMBERGER KIRK & CALDWELL, PA
100 N Tampa St., Suite 2000
Tampa, FL 33602-5830
Telephone: (813) 223-4253
E-mail: rblank@rumberger.com
tderr@rumberger.com
chall@rumberger.com
- and -
Douglas B. Brown, Esq.
RUMBERGER KIRK & CALDWELL, PA
300 S Orange Ave., Suite 1400
PO BOX 1873
Orlando, FL 32801
Telephone: (407) 872-7300
E-mail: dbrown@rumberger.com
- and -
Jonathan R. Chally, Esq.
Philip E. Holladay, Jr., Esq.
KING & SPALDING, LLP
1180 Peachtree St. NE, Suite 1600
Atlanta, GA 30309
Telephone: (404) 572-4600
E-mail: jchally@kslaw.com
pholladay@kslaw.com
EXXONMOBIL OIL: Kendig Suit Underway in C.D. California
-------------------------------------------------------
Michelle Kendig and Jim Kendig, et al. v. ExxonMobil Oil
Corporation, et al., remains pending. PBF Holding Company LLC said
in its Form 10-Q Report filed with the Securities and Exchange
Commission on August 6, 2019, for the quarterly period ended June
30, 2019, that a mediation hearing between the parties in the class
action suit entitled, Michelle Kendig and Jim Kendig, et al. v.
ExxonMobil Oil Corporation, et al., was scheduled for August 23,
2019.
On September 18, 2018, in Michelle Kendig and Jim Kendig, et al. v.
ExxonMobil Oil Corporation, et al., PBF Energy Limited and Torrance
Refining Company LLC along with ExxonMobil Oil Corporation and
ExxonMobil Pipeline Company were named as defendants in a class
action and representative action complaint filed on behalf of
Michelle Kendig, Jim Kendig and others similarly situated.
The complaint was filed in the Superior Court of the State of
California, County of Los Angeles and alleges failure to authorize
and permit uninterrupted rest and meal periods, failure to furnish
accurate wage statements, violation of the Private Attorneys
General Act and violation of the California Unfair Business and
Competition Law.
Plaintiffs seek to recover unspecified economic damages, statutory
damages, civil penalties provided by statute, disgorgement of
profits, injunctive relief, declaratory relief, interest,
attorney's fees and costs.
To the extent that plaintiffs' claims accrued prior to July 1,
2016, ExxonMobil has retained responsibility for any liabilities
that would arise from the lawsuit pursuant to the agreement
relating to the acquisition of the Torrance refinery and logistics
assets.
On October 26, 2018, the matter was removed to the Federal Court,
California Central District.
A mediation hearing between the parties is currently scheduled for
August 23, 2019.
PBF Holding said, "As this matter is in the class certification
phase, we cannot currently estimate the amount or the timing of its
resolution. We presently believe the outcome will not have a
material impact on our financial position, results of operations or
cash flows."
PBF Holding Company LLC refines and supplies unbranded
transportation fuels, heating oil, petrochemical feedstocks,
lubricants, and other petroleum products in the United States and
internationally. The company was founded in 2008 and is based in
Parsippany, New Jersey. PBF Holding Company LLC is a subsidiary of
PBF Energy Company LLC.
FAIR COLLECTIONS: Ali Files FDCPA Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Fair Collections &
Outsourcing, Inc. The case is styled as Tracy Antoinette Ali,
individually and on behalf of all others similarly situated,
Plaintiff v. Fair Collections & Outsourcing, Inc., Defendant, Case
No. 2:19-cv-05045 (E.D. N.Y., Sept. 5, 2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Fair Collections & Outsourcing, also referred to as FCO, is a debt
collection agency.[BN]
The Plaintiff is represented by:
David M. Barshay, Esq.
Craig B. Sanders, Esq.
Barshay Sanders, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (516) 203-7600
Fax: (516) 281-7601
Email: dbarshay@barshaysanders.com
csanders@barshaysanders.com
FINISAR CORP: Ruling in Calif. Securities Class Suit under Appeal
-----------------------------------------------------------------
Finisar Corporation said in its Form 10-Q Report filed with the
Securities and Exchange Commission on September 4, 2019, for the
quarterly period ended July 28, 2019, that the plaintiffs have
filed a notice of appeal from a district court's denial of
plaintiffs' motion for class certification and grant of judgment on
the pleadings in favor of the company.
Several securities class action lawsuits related to the Company's
March 8, 2011 earnings announcement alleging claims under Sections
10(b) and 20(a) of the Securities Exchange Act of 1934 have been
filed in the United States District Court for the Northern District
of California on behalf of a purported class of persons who
purchased stock between December 2, 2010 through March 8, 2011.
The named defendants are the Company and Jerry Rawls, its former
Chief Executive Officer and former Chairman of the Board, and Eitan
Gertel, its former Chief Executive Officer. To date, no specific
amount of damages has been alleged.
The cases were consolidated, a lead plaintiff was appointed and a
consolidated complaint was filed. The Company filed a motion to
dismiss the case.
On January 16, 2013, the District Court granted the Company's
motion to dismiss and granted the lead plaintiffs leave to amend
the consolidated complaint. An amended consolidated complaint was
filed on February 6, 2013.
Thereafter, the Company filed a renewed motion to dismiss the case.
On September 30, 2013, the District Court granted the Company's
motion and dismissed the case with prejudice, and plaintiff
appealed. On January 8, 2016, the Ninth Circuit Court of Appeals
reversed the judgment in part for further proceedings in the
District Court. On July 15, 2016, lead plaintiff filed a Second
Amended Complaint in the District Court.
On August 19, 2016, the Company moved to dismiss. On May 1, 2017,
the District Court denied the motion and a case scheduling order
has been issued. On December 5, 2017, the District Court issued an
order denying class certification. On February 1, 2018, the
plaintiff filed a petition with the Ninth Circuit Court of Appeals
for permission to appeal the denial of class certification and, on
July 13, 2018, the Ninth Circuit Court of Appeals denied the
petition for permission to appeal.
On October 10, 2018, the plaintiff filed a new motion for class
certification, which the Company opposed. On May 24, 2019, the
District Court denied plaintiffs motion for class certification and
granted judgement on the pleadings in favor of the Company and the
other defendants. The plaintiff filed a notice of appeal on June
20, 2019.
Finisar Corporation provides components and subsystems to
networking equipment manufacturers, data center operators, telecom
service providers, consumer electronics, and automotive companies
in the United States, China, Malaysia, and internationally. Finisar
Corporation was founded in 1987 and is headquartered in Sunnyvale,
California.
FORD MOTOR: Ardent Sues over Deceptive Fuel Economy Ratings
-----------------------------------------------------------
MARK ARENDT, individually and on behalf of all others similarly
situated, Plaintiff v. FORD MOTOR COMPANY, Defendant, Case No.
19-cv-01886 (D. Minn., Aug. 19, 2019) is an action against the
Defendant's design, manufacturing, marketing, and sale of 2017-2019
Ford automobiles including 2017-2019 Ford F-150 trucks and 2019
Ford Rangers, with deceptive fuel economy ratings and emissions.
The Plaintiff alleges in the complaint that the Defendant's
misrepresentations, concealment, and non-disclosure of true fuel
economy numbers misled the Plaintiff and Class members into
purchasing vehicles of a quality different from what was promised,
paying more for Class Vehicles than they otherwise would have, and
paying higher fuel costs that they otherwise would not have paid.
Ford Motor Company designs, manufactures, and services cars and
trucks. The Company also provides vehicle-related financing,
leasing, and insurance through its subsidiary. [BN]
The Plaintiff is represented by:
David A. Goodwin, Esq.
Daniel E. Gustafson, Esq.
Raina C. Borrelli, Esq.
Ling S. Wang, Esq.
GUSTAFSON GLUEK PLLC
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
Facsimile: (612) 339-6622
E-mail: dgoodwin@gustafsongluek.com
dgustafson@gustafsongluek.com
rborrelli@gustafsongluek.com
lwang@gustafsongluek.com
- and -
Simon B. Paris, Esq.
Patrick Howard, Esq.
Charles J. Kocher, Esq.
SALTZ, MONGELUZZI,
BARRETT & BENDESKY, P.C.
1650 Market Street, 52nd Floor
Philadelphia, PA 19103
Telephone: (215) 496-8282
Facsimile: (215) 496-0999
E-mail: sparis@smbb.com
phoward@smbb.com
ckocher@smbb.com
GEICO CASUALTY: Tenth Circuit Appeal Initiated in Pearson Suit
--------------------------------------------------------------
Plaintiffs Lonnie McRae and Roger Pearson filed an appeal from a
Court ruling entered in their lawsuit titled Pearson, et al. v.
Geico Casualty Company, Case No. 1:17-CV-02116-CMA-MEH, in the U.S.
District Court for the District of Colorado - Denver.
As previously reported in the Class Action Reporter, the lawsuit
was filed on September 1, 2017, seeking an order enjoining GEICO
from continuing to engage in alleged deceptive practices.
The Plaintiffs allege that GEICO violated the Colorado's Consumer
Protection Act by, inter alia, failing to disclose material
information about the automobile insurance policies it provided to
the Plaintiffs and the Class Members under, i.e. by failing to
disclose GEICO did not, as a uniform business practice, pay title
and registration fees associated with a total vehicle loss. As a
result of GEICO's deceptive business practices, the Plaintiffs and
the Class Members have suffered damage and lost money in that they
paid for insurance services they otherwise would not have had the
truth been disclosed.
GEICO Casualty Company provides property and casualty insurance.
The appellate case is captioned as Pearson, et al. v. Geico
Casualty Company, Case No. 19-1303, in the United States Court of
Appeals for the Tenth Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Docketing statement and transcript order form were due on
September 10, 2019, for Lonnie McRae and Roger Pearson; and
-- Notice of appearance were due on September 10, 2019, for
Geico Casualty Company, Lonnie McRae and Roger Pearson.[BN]
Plaintiffs-Appellants ROGER PEARSON, on behalf of himself and all
others similarly situated and LONNIE MCRAE, on behalf of herself
and all others similarly situated, are represented by:
Joshua Fields, Esq.
Michael L. Kelly, Esq.
Behram Viraf Parekh, Esq.
KIRTLAND & PACKARD LLP
1638 South Pacific Coast Highway
Redondo Beach, CA 90277
Telephone: (310) 536-1000
E-mail: mlk@courtroomwarrior.com
bvp@kirtlandpackard.com
- and -
Brett N. Huff, Esq.
HUFF & LESLIE, LLP
2480 Gray Street
Edgewater, CO 80214
Telephone: (303) 232-3622
Facsimile: (303) 274-0638
E-mail: bhuff@huffandleslie.com
Defendant-Appellee GEICO CASUALTY COMPANY is represented by:
Billy George Hertzke, Esq.
SENTER GOLDFARB & RICE LLC
3900 East Mexico Avenue, Suite 700
Denver, CO 80210
Telephone: (303) 320-0509
E-mail: Bhertzke@Sgrllc.Com
- and -
Kymberly Kochis, Esq.
Michael Richard Nelson, Esq.
EVERSHEDS SUTHERLAND (US) LLP
1114 Avenue of the Americas, 40th Floor
New York, NY 10036
Telephone: (212) 389-5000
E-mail: kymberlykochis@eversheds-sutherland.com
mikenelson@eversheds-sutherland.com
GEICO GENERAL: Williams Files Class Action for Breach of Contract
-----------------------------------------------------------------
A class action lawsuit has been filed against GEICO General
Insurance Company. The case is styled as Raymond Williams, an
individual, on behalf of himself and all others similarly situated,
Plaintiff v. GEICO General Insurance Company, a Maryland
Corporation and CCC Information Services Incorporated, a Delaware
Corporation, Defendants, Case No. 3:19-cv-05823-BHS (W.D. Wash.,
Sept. 3, 2019).
The case type is stated as Breach of Insurance Contract.
Geico is a car insurance company.[BN]
The Plaintiff is represented by:
Steve W. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP (WA)
1301 2ND AVENUE, STE 2000
SEATTLE, WA 98101
Tel: (206) 623-7292
Fax: (206) 623-0594
Email: steve@hbsslaw.com
GLOBAL CUSTOM COMMERCE: Diaz Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Global Custom
Commerce, Inc. The case is styled as Edwin Diaz on behalf of
himself and all others similarly situated, Plaintiff v. Global
Custom Commerce, Inc., Defendant, Case No. 1:19-cv-08273 (S.D.
N.Y., Sept. 5, 2019).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Global Custom Commerce, Inc., doing business as Blinds.com,
operates an online window covering store.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
GREENVIEW PROPERTIES: Edwards, et al Seek OT Pay for Laborers
-------------------------------------------------------------
GEORGE EDWARDS, MARK LUMSDEN, JR. and other similarly current and
former doorman, concierge and other security personnel, the
Plaintiff, vs. GREENVIEW PROPERTIES, INC., HORIZON OF ROSLYN, LLC,
OREN ZIV, YARDANA ZIV, DAVID MAROM, LAWRENCE C GARGANO, BRENDA
GRABOW, and CHARLES EDZER, the Defendant, Case No. 2:19-cv-04813
(E.D.N.Y., Aug. 26, 2019), seeks to recover unpaid overtime
compensation and earned wages under the Fair Labor Standards Act
and New York Labor Law.
The case is brought by the Plaintiff and all similarly current and
former laborers, doorman, concierge and other security personnel
who have worked for the Defendants.[BN]
Attorneys for the Plaintiff are:
Jason Tenenbaum, Esq.
THE LAW OFFICE OF JASON TENENBAUM P.C.
595 Stewart Avenue, Suite 400
Garden City, NY 11750
Telephone: (516) 750-0595s
HELLERMANNTYTON CORP: Smith Suit Moved to E.D. Wisconsin
--------------------------------------------------------
The case captioned as JASMINE SMITH on behalf of herself and all
others similarly situated, the Plaintiff, vs. HELLERMANNTYTON
CORPORATION, 7930 North Faulkner Road Milwaukee, Wisconsin 53224,
the Defendant, Case No. 3:19-cv-00636, was transferred from the
United States District Court for the Western District of Wisconsin,
to the United States District Court for the Eastern District of
Wisconsin (Milwaukee) on Aug. 30, 2019. The Eastern District of
Wisconsin Court Clerk assigned Case No. 2:19-cv-01262-NJ to the
proceeding. The case is assigned to the Hon. Judge Nancy Joseph.
The case is a collective and class action brought pursuant to the
Fair Labor Standards Act of 1938, and Wisconsin's Wage Payment and
Collection Laws, by Jasmine Smith, on behalf of herself and all
other similarly situated current and former hourly-paid, non-exempt
Manufacturing employees of Defendant, for obtaining relief under
the FLSA and WWPCL for unpaid wages, unpaid overtime compensation,
liquidated damages, costs, attorneys' fees, declaratory and/or
injunctive relief, and/or any such other relief the Court may deem
appropriate.[BN]
Attorneys for the Plaintiff are:
James A Walcheske, Esq.
Scott S. Luzi, Esq.
WALCHESKE & LUZI LLC
15850 W Bluemound Rd-Ste 304
Brookfield, WI 53005
Telephone: (262) 780-1953
Facsimile: (262) 565-6469
E-mail: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
Attorneys for HellermannTyton Corporation are:
Joel S. Aziere, Esq.
BUELOW VETTER BUIKEMA
OLSON & VLIET LLC
20855 Watertown Rd-Ste 200
Waukesha, WI 53186-1873
Telephone: (262) 364-0250
Facsimile: (262) 364-0270
E-mail: jaziere@buelowvetter.com
HOME DEPOT: Brunson Files PI Class Suit in Georgia
--------------------------------------------------
A class action lawsuit has been filed against The Home Depot, Inc.
The case is styled as Gloria Brunson, Kevin Dahlberg, Jamal Douglas
and Earl Young, individually and on behalf of all others similarly
situated, Plaintiffs v. The Home Depot, Inc., Delaware Corporation
and John Doe, Defendants, Case No. 1:19-cv-03970-CC (N.D. Ga.,
Sept. 4, 2019).
The case type is stated as Diversity-Personal Injury.
The Home Depot Inc. or Home Depot is the largest home improvement
retailer in the United States, supplying tools, construction
products, and services. The company is headquartered at the Atlanta
Store Support Center in unincorporated Cobb County, Georgia.[BN]
The Plaintiffs are represented by:
David Christopher Sawyer, Esq.
Gray Rust St. Amand Moffett & Brieske, LLP
Suite 1700, Salesforce Tower Atlanta
950 East Paces Ferry Rd., N.E.
Atlanta, GA 30326
Tel: (404) 870-7439
Fax: (404) 870-1048
Email: dsawyer@grsmb.com
- and -
Travis D. Lenkner, Esq.
Gibson Dunn & Crutcher-DC
1050 Connecticut Avenue, N.W.
Washington, DC 20036-5306
Tel: (202) 955-8500
HORIZON TALK: Has Made Unsolicited Calls, Castillo Suit Claims
--------------------------------------------------------------
JEFF CASTILLO, individually and on behalf of all others similarly
situated, Plaintiff v. HORIZON TALK LLC d/b/a TELECLARO, Defendant,
Case No. 0:19-cv-62055 (S.D. Fla., Aug. 15, 2019) seeks to stop the
Defendants' practice of making unsolicited calls.
Horizon Talk LLC d/b/a Teleclaro offers international long distance
calls. [BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
Garrett O. Berg, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 1205
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
gberg@shamisgentile.com
- and -
Scott Edelsberg, Esq.
Jordan D. Utanski, Esq.
EDELSBERG LAW, PA
19495 Biscayne Blvd #607
Aventura, FL 33180
Telephone: (305) 975-3320
E-mail: scott@edelsberglaw.com
utanski@edelsberglaw.com
HP INC: Parziale Class Suit Seeks to Stop Unfair Business Practices
-------------------------------------------------------------------
JOHN PARZIALE, individually, and on behalf of all others similarly
situated v. HP, INC. and DOES 1-10, Case No. 5:19-cv-05363 (N.D.
Cal., Aug. 27, 2019), alleges violation of the Florida Deceptive
and Unfair Trade Practices Act and the Florida Misleading
Advertisement Law.
The Plaintiff brings this class action Complaint against the
Defendant to stop its practice of modifying and corrupting the
Plaintiff and other purchasers' printers by forcing unauthorized
changes to their firmware and to obtain redress for all Purchasers
Nationwide ("Class Members") who, within the applicable statute of
limitations period, had their HP Printers modified to stop
recognizing and accepting third party ink cartridges.
HP is a Delaware corporation with its principal place of business
and headquarters in California and is engaged in the design,
development, manufacture, sale, and distribution of printers and
related equipment and services throughout the world with a large
share of its business done in California.[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Telephone: (323) 306-4234
Facsimile: (866) 633-0228
E-mail: tfriedman@toddflaw.com
abacon@toddflaw.com
HUNTER WARFIELD: Rapponotti Files FDCPA Suit in W.D. Texas
----------------------------------------------------------
A class action lawsuit has been filed against Hunter Warfield, Inc.
The case is styled as Amanda Rapponotti individually and on behalf
of all others similarly situated, Plaintiff v. Hunter Warfield,
Inc., John Does 1-25, Defendants, Case No. 6:19-cv-00523-ADA-JCM
(W.D. Tex., Sept. 5, 2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Hunter Warfield is a revenue recovery agency.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
Stein Saks, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500 ext 101
Fax: (201) 282-6501
Email: ysaks@steinsakslegal.com
JACKSON HEWITT: Hancock Suit Transferred to W.D. Texas
------------------------------------------------------
The case captioned as JEFF HANCOCK, Individually and on Behalf of
All Others Similarly Situated, the Plaintiff, vs. JACKSON HEWITT
TAX SERVICE INC., the Defendant, Case No. 2:19-cv-02602 (Filed
April 5, 2019), was transferred from the U.S. District Court for
the Central District of California, to the U.S. District Court for
the Western District of Texas (Austin) on Aug. 30, 2019. The suit
seeks $5 million in damages and alleges violation of the Telephone
Consumer Protection Act. The case is assigned to the Hon. Judge Lee
Yeakel.
The Plaintiff received unsolicited, autodialed text message calls
over the past several years, urging him to have Defendant, Jackson
Hewitt Tax Service, Inc. do his taxes.
Jackson Hewitt did not have prior express written consent to send
these texts. Moreover, the texts Jackson Hewitt sent were
impermissible because Defendant had a defective internal Do Not
Call policy, the lawsuit says.[BN]
Attorneys for the Plaintiff are:
James C. Shah, Esq.
Kolin Tang, Esq.
SHEPHERD FINKELMAN MILLER AND SHAH LLP
35 East State Street
Media, PA 19063
Telephone: (610) 891-9880
Facsimile: (866) 300-7367
- and -
Alexander H. Burke, Esq.
EDELMAN, COMBS, LATTURNER & GOODWIN, LLC.
120 S. LaSalle St., 18th Floor
Chicago, IL 60603
Telephone: (312) 739-4200
Facsimile: (312) 419-0379
E-mail: burke@edcombs.com
Attorneys for the Jackson Hewitt Tax Service Inc. are:
Margaret M Schuchardt, Esq.
JASZCZUK PC
311 South Wacker Drive Suite 3200
Chicago, IL 60606
Telephone: (312) 442-0509
Facsimile: (312) 442-0519
- and -
Martin W. Jaszczuk, Esq.
LOCKE LORD LLP
111 S. Wacker Drive
Chicago, IL 60606
Telephone: (312) 443-0610
Facsimile: (312) 896-6610
E-mail: mjaszczuk@lockelord.com
- and -
Susan J Welde, Esq.
MURCHISON AND CUMMING LLP
801 South Grand Avenue 9th Floor
Los Angeles, CA 90017-4613
Telephone: (213) 623-7400
Facsimile: (213) 623-6336
JAEBUDO INC: Kim Seeks Unpaid Wages for Employees
-------------------------------------------------
SANG MIN KIM, an individual and SION JUNG, an individual, also as
proxies for the State of California on behalf of all similarly
aggrieved employees, the Plaintiff, vs. JAEBUDO INC., a
Corporation; CHANG KYUN PARK, an individual; TAESUNG KIM, an
individual; TAE HWA JOO, an individual; and DOES 1 through 50,
inclusive, the Defendants, Case No. 19STCV28710 (Cal. Super. Aug.
14, 2019), seeks penalties for violation of the Private Attorneys
General Act, California Labor Code. The Defendants failed to pay
Plaintiffs all unpaid wages upon the termination of their
employment. The Plaintiffs are current and former aggrieved
employees of the Defendants.
Jaebundo Inc. is a corporation operating Korean barbeque
restaurants throughout California, including in Los Angeles
County.[BN]
Attorneys for the Plaintiffs are:
Paul M. Yi, Esq.
LAW OFFICES OF CHOI & ASSOCIATES, APLC
515 S. Figueroa St., Suite 1250
Los Angeles, CA 90071
Telephone: (213) 381-1515
Facsimile: (213) 465-4885
JUUL LABS: Misrepresents Nicotine Content, Suit Claims
------------------------------------------------------
M.D. individually and as legal guardian of her minor grandchild,
M.E.D.; individually and on behalf of all others similarly
situated, Plaintiff v. JUUL LABS, INC.; ALTRIA GROUP, INC.; and
PHILIP MORRIS USA, INC., Defendants, Case No. 3:19cv180-GHD-RP
(N.D. Miss., Aug. 15, 2019) contends that despite making numerous
revisions to its packaging since 2015, the Defendants did not add
nicotine warnings until forced to do so in August of 2018. The
original JUUL product labels had a California Proposition 65
warning indicating that the product contains a substance known to
cause cancer, and a warning to keep JUULpods away from children and
pets, but contained no warnings specifically about the known
effects, or unknown long-term effects, of nicotine or
vaping/inhaling nicotine salts. Many of the Defendants'
advertisements, particularly prior to November 2017, also lacked a
nicotine warning.
Furthermore, the Defendants misrepresents the nicotine content of
JUULpods by representing it as 5% strength when the JUUL products
contain more by volume. The Defendants's "5% strength" statement
misrepresents the most material feature of its product -- the
nicotine content -- and has misled consumers to their detriment.
If the Defendants did not know when it released JUULpods in 2015
that its "5% strength" representation was misleading, it quickly
learned that there was widespread confusion about the pods'
nicotine content. The Defendants did nothing to stop or correct
this confusion about the nicotine content of its JUULpods. The
Defendants "5% strength" statement is also misleading because
JUULpods routinely contain more than even the 59mg/mL the Defendant
claims on its website. At least two independent studies testing
multiple varieties of JUULpods have found significantly higher
concentrations of nicotine than the Defendants' label represents.
JUUL Labs, Inc. manufactures electronic cigarettes. The Company
offers products such as device kits, JUULpods, and accessories in
different flavors. JUUL Labs serves customers in the United States.
[BN]
The Plaintiff is represented by:
R. Keith Morgan, Esq.
F. Hall Bailey, Esq.
Owen P. Lalor, Esq.
LALOR BAILEY & ABY, PLLC
230 Trace Colony Park Drive, Suite 4
Ridgeland, MS 39157
Telephone: (601) 898-2000
E-mail: kmorgan@lalorbaileyaby.com
hbailey@lalorbaileyaby.com
olalor@lalorbaileyaby.com
- and -
Rand P. Nolen, Esq.
George M. Fleming, Esq.
FLEMING NOLEN & JEZ, L.L.P.
2800 Post Oak Blvd., Suite 4000
Houston, TX 77056-3019
Telephone: (713) 621-7944
Facsimile: (713) 621-9638
E-mail: Rand_nolen@fleming-law.com
KAMY INVESTMENTS: Fails to Pay Minimum or OT Wages, Marquis Says
----------------------------------------------------------------
Billy Marquis, Alexis Marquis, Anthony Marquis Individually and on
Behalf of All Others Similarly Situated v. Amy Sadeghian and
Khosrow Sadeghian, d/b/a Kamy Investments, Kamy Real Property
Trust, and Kamy Real Estate Trust, Case No. 4:19-cv-00626-RWS (E.D.
Tex., Aug. 27, 2019), alleges that the Defendants violated the Fair
Labor Standards Act by failing to pay the Plaintiffs either minimum
wages or overtime wages.
The Plaintiffs, who do maintenance and repairs on the Defendants'
properties, allege that the Sadeghian couple lured them to North
Texas with lies and kept them there with threats. The Plaintiffs
contend that the Defendants not only violated the FLSA; they also
violated the Texas Deceptive Trade Practices Act.
The Sadeghians own over a thousand residential properties in Texas
and other states, and in their business they buy, sell and lease
those properties. Mr. Sadeghian has complete and absolute control
over all their holdings. He does business using several names
which may appear in documents in this case, including Kamy
Investments, Kamy Real Property Trust and Kamy Real Estate
Trust.[BN]
The Plaintiffs are represented by:
Eugene Zemp DuBose, Esq.
EUGENE ZEMP DUBOSE, P.C.
3816 Acapulco Court
Irving, TX 75062
Telephone: (214) 675-9022
Facsimile: (469) 586-5449
E-mail: Gene@DuBoseLegalGroup.com
KOPELOWITZ OSTROW: Faces Suit over 1 Global Investment Fraud
------------------------------------------------------------
DAVID TAWECH; and RICHARD TYLER, individually and on behalf of all
others similarly situated, Plaintiff v. KOPELOWITZ OSTROW, P.A.;
and DALE LEDBETTER, Defendants, Case No. 2019L000927 (Ill. Cir.,
Dupage Cty., Aug. 15, 2019) is an action alleging that the
Defendants are engaged in a fraudulent investment scheme in
violation of the Illinois Deceptive Trade Practices Act.
According to the complaint, the Plaintiffs and the class are all
clients of Goldstone Financial Group who breached their fiduciary
duties in recommending foolhardy investment scheme to 400 clients
who invested over $40,000,000 with 1 Global Capital LLC.
Goldstone was aided and abetted by the Defendants, who travelled
the country peddling the benefits of the investment scheme on
behalf of 1 Global and receiving undisclosed commissions.
The Defendants in their capacity as outside counsel for 1 Global
made representations in order to induce the Plaintiffs and the
class to invest in 1 Global.
On July 27, 2018, after being subpoenaed by the SEC, 1 Global and
its affiliates, filed for bankruptcy protection under Chapter 11 in
the U.S. Bankruptcy Court for the Southern District of Florida. The
bankruptcy filings and company financials indicate 1 Global and its
affiliates made $348 million in merchant cash advances, with
merchants repaying about $241 million. 1 Global owes investors $272
million but only had $27.5 million in bank. The Securities and
Exchange Commission blames this huge shortfall on collectability
issues and 1 Global's misappropriation of investor funds. As such,
all investor funds are frozen with repayment of any principal or
interest in serious doubt.
The Plaintiffs and the class would not have invested in more than
$40 million if not for the Defendants' representations.
Kopelowitz Ostrow, P.A. is a full service law firm, serving clients
in Florida and beyond in many areas of law. [BN]
The Plaintiff is represented by:
Alexander N. Loftus, Esq.
Ryan Moore, Esq.
STOLTMANN LAW OFFICES, P.C.
161 N. Clark, Suite 1600
Chicago, IL 60603
Telephone: (312) 332-4200
Facsimile: (312) 772-5396
LA PERLA: Reid Alleges Violation under Disabilities Act
-------------------------------------------------------
La Perla North America, Inc. is facing a class action lawsuit filed
pursuant to the Americans with Disabilities Act. The case is styled
as Valentin Reid, other on behalf of himself and all others
similarly situated, Plaintiff v. La Perla North America, Inc.,
Defendant, Case No. 1:19-cv-08243 (S.D. N.Y., Sept. 4, 2019).
La Perla North America, Inc. specializes in retail services.[BN]
The Plaintiff is represented by:
David Paul Force, Esq.
Stein Saks, PLLC
285 Passaic Street
Hackensack, NJ 07601
Tel: (201) 282-6500
Email: dforce@steinsakslegal.com
LILIS 200 WEST: Underpays Deliver Drivers, Chen Suit Alleges
------------------------------------------------------------
CHANG YAN CHEN, individually and on behalf of all others similarly
situated, Plaintiff v. LILIS 200 WEST 57TH CORP. D/B/A LILI'S 57
ASIAN CUISINE & SUSHI BAR; ALAN PHILLIPS, JONAH PHILLIPS, THEAN
CHOO CHONG A/K/A ALFRED CHONG, EPHAN "DOE", and "MIGI" DOE,
Defendants, Case No. 1:19-cv-07654-VEC (S.D.N.Y., Aug. 15, 2019)
seeks to recover from the Defendants unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
The Plaintiff Chen was employed by the Defendants as delivery
driver.
Lilis 200 West 57th Corp. d/b/a Lili's 57 Asian Cuisine & Sushi Bar
operates a sushi restaurant business. [BN]
The Plaintiff is represented by:
John Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Boulevard Suite 119
Flushing, NY 11355
Telephone: (718) 762-1324
MDL 2919: Consolidation of Fuel Pump Cases v GM, Ford & FCA Sought
------------------------------------------------------------------
The Plaintiffs in nine class action lawsuits under In re: CP4
Defective Fuel Pump Litigation (MDL 2919), moved the Judicial Panel
on Multi-District Litigation on Aug. 21, 2019, for an order
transferring the actions, as well as any tag-along actions or other
cases that may be filed asserting related or similar claims, in an
industry-wide fashion to the Northern District of California or the
Eastern District of Michigan for consolidated or coordinated
pretrial proceedings.
Alternatively, the CP4 Plaintiffs move the Panel for an order
transferring the Related Actions into three separate Multi-District
Litigations ("MDLs") before the same judge -- against Ford, GM, and
FCA, respectively -- in the Northern District of California or the
Eastern District of Michigan for consolidated or coordinated
pretrial proceedings.
Two of the Related Actions are pending in the Northern District of
California -- one before the Honorable Jon S. Tigar (In re: General
Motors LLC CP4 Fuel Pump Litigation, No. 4:18-cv-07054-JST (N.D.
Cal.)), and one before the Honorable James Donato (Farlow v. Ford
Motor Co., No. 3:18-cv-06967-JD (N.D. Cal.)). Two of the Related
Actions are pending in the Eastern District of Michigan -- one
before the Honorable Terrence G. Berg (Chapman v. General Motors
LLC, 2:19-cv-12333-TGB (E.D. Mich.)), and one before the Honorable
Sean F. Cox (Droesser v. Ford Motor Co., 2:19-cv-12365-SFC (E.D.
Mich.)).
Ford, GM, and FCA have manufactured millions of diesel vehicles
equipped with high-pressure fuel injection pumps that are
proverbial ticking time bombs, wholly unbeknownst to unassuming
American consumers who pay top dollar for these vehicles'
fictitious "durability," "longevity," and "topnotch fuel economy."
The pump's inability to withstand U.S. diesel fuel allows metal to
rub against metal until the engine suddenly and cataclysmically
fails without warning, further contaminating the fuel delivery
system.
This "catastrophic" (i.e., complete and total) pump failure can
occur as early as "mile 0," as the pump disintegration process
begins at the very first fill of the tank, and starts damaging the
vehicle's fuel injection system and engine immediately upon the
vehicle's first use. This failure results in an outrageously
expensive repair bill, all for a repair that will not truly
ameliorate the issue so long as the vehicle is using U.S. diesel
fuel. Thus, the CP4 Plaintiffs and other Class members have
suffered from a defect that existed in the Affected Vehicles at the
time of purchase and are seeking economic recovery for this
manifested and immediately damaging defect, in addition to any and
all consequential damages stemming therefrom.
The nine class action lawsuits are:
General Motors LLC CP4 Fuel Pump Litigation, Case No.
4:18-cv-07054-JST (N.D. Cal.);
Farlow v. Ford Motor Co., Case No. 3:18-cv-06967-JD (N.D.
Cal.);
Click v. General Motors LLC, Case No. 2:18-cv-00455-NGR (S.D.
Tex.);
Stevens v. Ford Motor Co., Case No. 2:18-cv-00456-NGR (S.D. Tex.);
Berry v. FCA US LLC, Case No. 2:19-cv-00023-HGT (S.D. Tex.);
Ginebra v. General Motors LLC, Case No. 1:18-cv-25209-FAM (S.D.
Fla.);
Nunez v. Ford Motor Co., Case No. 1:18-cv-25211-UU (S.D. Fla.);
Chapman v. General Motors LLC, Case No. 2:19-cv-12333-TGB (E.D.
Mich.); and
Droesser v. Ford Motor Co., Case No. 2:19-cv-12365-JEL (E.D.
Mich.).
Attorneys for Plaintiffs Tyler Allen Click, Troy Bowen, Bailey
Henderson, Ethan Galan, Luis G. Ochoa Cabrera, Homero Medina,
Michael Guidroz, Scott A. Hines, Bryan J. Tomlin, Quentin
Alexander, Jacqueline Bargstedt, Eric Stevens, Darren Fulton, Kevin
Lee Berry, Brian G. Wilson, Willie Porche, Amber Smith, Matthew H.
Clough, Curtis McNeal Mertz, James Higdon, Joseph Sawicki, James
Crowell, Jr., Warren Story, Christopher Moonan, Sean T. Smith,
Isaiah Rudy, Sean M. Buob, Richard Samson, Ryan Arthur Jensen,
Anthony Raymond Smith, Bradley Rice, Bruce K. Garlock, Chris S.
McAlister, Colby Barry, Douglas Hughes, Geoff Cochems, John Thomas
White, Kevin Allen Lawson, Kevin Sutherland, Michael L. McCoy,
Milton Leon Huss, Jr., Stacy Wade Sizelove, Thorin Jay Askin, Ryan
Maduro, Michele Diniz, Brandon Tirozzi, Calvin Smith, Frank
Ginebra, Eileen R Van Fossen, James Aaron Aukes, Christafer Michael
Wren, Daniel B Bass, Wayne R. Gilbert, Jr., Melody Anne Dearborn,
Duane Dee Meske, Ignacio Centeno, Nicholas Allen Miller, Bill
Hoffman, Gordon Mac Johnson, Robert D. Peters, Paul A Ponteaux,
Sr., Philip A. Adams, Ricky J Tremblay, Michael Corbett, Gina
Carter, Eric Mobley, Gregory R. Nix, David Lyndon Johns, Robert W
Kirby, Gustavo Nicolas Gonzalez, Jace Reyes, Mark D. Chapman, Leroy
Gwinn, Jr., William McDuffie, Gary Godwin, Robert Hoag, Clay
Kincheloe, Bryan Joyce, Tim Taylor, Mark William Droesser, Jeffrey
A. Ford, Jeffrey Fowlkes, Matthew Parker and Trevor Wentz, are:
Robert C. Hilliard, Esq.
HILLIARD MARTINEZ GONZALES LLP
719 S. Shoreline Blvd.
Corpus Christi, TX 78401
Telephone: (361) 882-1612
Facsimile: (361) 882-3015
E-mail: bobh@hmglawfirm.com
- and -
Steve W. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
- and -
Andrew Parker Felix, Esq.
Branden Weber, Esq.
MORGAN & MORGAN, P.A.
20 North Orange Ave., Ste. 1600
P.O. Box 4979
Orlando, FL 32801
Telephone: (407) 244-3204
Facsimile: (407) 245-3334
E-mail: Andrew@forthepeople.com
bweber@forthepeople.com
MEDICAL DATA: Stallworth Sues over Debt Collection Practices
------------------------------------------------------------
Clarence Stallworth, individually and on behalf of all others
similarly situated, the Plaintiff, vs. Medical Data Systems, Inc.,
d/b/a, Medical Revenue Service, a Florida corporation, the
Defendant, Case No. 4:19-cv-02399 (E.D. Mo., Aug. 23, 2019),
alleges that Defendant's form debt collection letter violated the
Fair Debt Collection Practices Act, and seeks to recover damages.
According to the complaint, Medical Data Systems, Inc. is a debt
collector because it regularly uses the mails and/or the telephone
to collect, or attempt to collect, directly or indirectly,
defaulted consumer debts. MRS operates a nationwide defaulted debt
collection business and attempts to collect debts from consumers in
many states, including consumers in the State of Missouri.
In fact, MRS was acting as a debt collector as to the defaulted
consumer debt it attempted to collect from Plaintiff.
The Defendant sent Mr. Stallworth an initial form collection
letter, dated July 3,2019, demanding payment of defaulted consumer
debts that he allegedly owed to Missouri Baptist Medical Center for
services he had received.
The Plaintiff brings this action individually and as a class action
on behalf of all persons similarly situated in the State of
Missouri from whom Defendant attempted to collect a defaulted
consumer debt, via the same form collection letter, that Defendant
sent to Plaintiff, from one year before the date of this complaint
to the present, the lawsuit says.[BN]
Attorneys for the Plaintiff are:
David J. Philipps, Esq.
Mary E. Philipps, Esq.
PHILIPPS & PHILIPPS, LTD.
9760 S. Roberts Road, Suite One
Palos Hills, IL 60465
Telephone: (708) 974-2900
Facsimile: (708) 974-2907
E-mail: davephilipps@aol.com
mephilipps@aol.com
MID AMERICA MORTGAGE: Fails to Pay Proper FLSA Wages, Knight Says
-----------------------------------------------------------------
Jessica Knight, On Behalf of Herself and All Others Similarly
Situated v. Mid America Mortgage, Inc., Case No. 4:19-cv-03195
(S.D. Tex., Aug. 26, 2019), alleges violations of the Fair Labor
Standards Act.
The Defendant refused to allow her and Members of the Class to
record all their overtime hours such that the Defendant failed to
pay them all of the legally required minimum wages and/or overtime
compensation, Ms. Knight alleges.
Mid America Mortgage is a foreign for-profit corporation registered
with the State of Texas. Mid America Mortgage conducts significant
business in this District.
The Defendant is a business that operates within the mortgage
industry. The Plaintiff worked for the Defendant as a loan officer
assistant.[BN]
The Plaintiff is represented by:
Clayton D. Craighead, Esq.
THE CRAIGHEAD LAW FIRM, PLLC
440 Louisiana, Suite 900
Houston, TX 77002
Telephone: (832) 798-1184
Facsimile: (832) 553-7261
E-mail: clayton.craighead@thetxlawfirm.com
NELSON & KENNARD: Bonilla Files FDCPA Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Nelson & Kennard. The
case is styled as Andrea Bonilla individually and on behalf of all
others similarly situated, Plaintiff v. Nelson & Kennard,
Defendant, Case No. 1:19-cv-05067 (E.D. N.Y., Sept. 5, 2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Nelson & Kennard are Law Offices formed in 1986 as a partnership
consisting of Donald G. Nelson and Robert Scott Kennard. The firm's
original focus was service to the automobile finance industry
including the collection of deficiency balances, replevin, creditor
representation in bankruptcy and defense work.[BN]
The Plaintiff is represented by:
David M. Barshay, Esq.
Craig B. Sanders, Esq.
Barshay Sanders, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (516) 203-7600
Fax: (516) 281-7601
Email: dbarshay@barshaysanders.com
csanders@barshaysanders.com
NEW PRIME: Removes Hansen Labor Suit to C.D. Calif.
---------------------------------------------------
Defendant New Prime, Inc., removed on August 29, 2019, the lawsuit
titled BOBBY LEE HANSEN and JACKIE THOMPSON, individually and on
behalf of all others similarly situated v. NEW PRIME, INC., a
Nebraska corporation; and DOES 1 to 100, inclusive, Case No.
19STCV26419, from the Superior Court of the State of California for
the County of Los Angeles to the U.S. District Court for the
Central District of California.
The District Court Clerk assigned Case No. 2:19-cv-07517 to the
proceeding.
Plaintiffs Bobbie Lee Hansen and Jackie Thompson filed this
putative Class Action Complaint against the Defendants in the
Circuit Court on July 30, 2019. In their Complaint, the Plaintiffs
allege eight causes of action against New Prime, including PAGA
Penalties for Defendant's Willful Misclassification of Drivers in
Violation of Labor Code and Failure to Pay Separately and Hourly
for Time Spent by Drivers on Non-Driving Time.
Among other things, the Plaintiffs allege that putative class
members are entitled to unpaid wages, including premiums for missed
meal periods and rest breaks, reimbursement for expenses, interest,
and attorneys' fees and costs.[BN]
Defendant NEW PRIME, INC. is represented by:
Theodore J. Boutrous, Jr., Esq.
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: (213) 229-7000
Facsimile: (213) 229-7520
E-mail: tboutrous@gibsondunn.com
- and -
Michele L. Maryott, Esq.
Jordan E. Johnson, Esq.
GIBSON, DUNN & CRUTCHER LLP
3161 Michelson Drive
Irvine, CA 92612-4412
Telephone: (949) 451-3800
Facsimile: (949) 451-4220
E-mail: mmaryott@gibsondunn.com
jjohnson@gibsondunn.com
NEW YORK: BOD Files 4 Appeals in Gulino Suit to 2nd Circuit
-----------------------------------------------------------
Defendant Board of Education of the City School District of the
City of New York filed appeals from the District Court's judgment
entered on June 6, 2019, in the lawsuit styled Gulino, et al. v.
Board of Education, et al., Case No. 96-cv-8414, filed in the U.S.
District Court for the Southern District of New York (New York
City).
The Plaintiffs originally filed a class action complaint on
November 8, 1996, alleging that the LAST-1 exam violated Title VII.
The Plaintiffs, a group of African-American and Latino teachers in
the New York City public school system, alleged that the Defendant,
the Board of Education of the City School District of the City of
New York, violated Title VII of the Civil Rights Act of 1964, 42
U.S.C. Section 2000e et seq., by requiring the Plaintiffs to pass
certain racially discriminatory standardized tests in order to
obtain a license to teach in New York City public schools.[BN]
The appellate cases brought before the United States Court of
Appeals for the Second Circuit are:
-- Gulino, et al. v. Board of Education, et al., Case No. 19-2680
-- Gulino, et al. v. Board of Education, et al., Case No. 19-2689
-- Gulino, et al. v. Board of Education, et al., Case No. 19-2683
-- Gulino, et al. v. Board of Education, et al., Case No. 19-2675
Plaintiff-Appellees Benny Bejarano, Maria Rubio-Lopez, Adan Gomez,
Mary Paul are represented by:
Joshua S. Sohn, Esq.
STROOCK & STROOCK & LAVAN LLP
180 Maiden Lane
New York, NY 10038
Telephone: (212) 806-1245
E-mail: jsohn@stroock.com
Defendant-Appellant Board of Education of the New York City School
District of the City of New York is represented by:
Zachary W. Carter, Esq.
NEW YORK CITY LAW DEPARTMENT
100 Church Street
New York, NY 10007
Telephone: (212) 356-1000
E-mail: zcarter@law.nyc.gov
NEW YORK: Faces Allen et al Suit in Southern District of New York
-----------------------------------------------------------------
A class action lawsuit has been filed against New York State
Department of Corrections and Community Supervision, et al. The
case is captioned as Peter Allen, Brian Bernard, Mark Daniels,
Shannon Dickinson, Aaron Dockery, Eddie Fields, John Gradia, Angel
Hernandez, Spencer Jackson, Hugh Knight, Terry Mathis, Harold
Ortiz, Sean Pritchett, Rashid Rahman, Felipe Rivera-Cruz, Wayne
Stewart, Michael Vattiato, the Derrick Williams, on behalf of
themselves and others similarly situated, the Plaintiffs, vs. New
York State Department of Corrections and Community Supervision;
Carl Koenigsmann, MD; John Morley, MD; Susan Mueller, MD; David S.
Dinello, MD; Paula Bozer, MD; John Hammer, MD; Ann Andola, MD;
Mikhail Gusman, MD; Chun Lee, MD; Jon Miller, MD; Kathleen Mantaro,
MD; Peter Braselman, MD; David Karandy, MD; Albert Acrish, NP;
Kristin Salotti, NP; Mary Ashong, NP; John Doe No. 1, MD; Jane or
John Doe, MD No. 3- 50; Jane or John Doe, NP or PA No. 1-50; and
John Doe No. 2, MD, the Defendants, Case No. 7:19-cv-08173-UA
(S.D.N.Y., Sept. 2, 2019). The suit alleges civil rights-related
violation.
The New York State Department of Corrections and Community
Supervision is the department of the New York State government
responsible for the care, confinement, and rehabilitation of
inmates.[BN]
Attorneys for the Plaintiffs are:
Amy Jane Agnew, Esq.
LAW OFFICE OF AMY JANE AGNEW, P.C.
24 Fifth Avenue Suite 1701
New York, NY 10011
Telephone: (973) 600-1724
E-mail: aj@ajagnew.com
PAMPERED CHEF: Slade Asserts Breach of Disabilities Act
-------------------------------------------------------
The Pampered Chef, Ltd. is facing a class action lawsuit filed
pursuant to the Americans with Disabilities Act. The case is styled
as Linda Slade, individually and as the representative of a class
of similarly situated persons, Plaintiff v. The Pampered Chef,
Ltd., Defendant, Case No. 1:19-cv-08184 (S.D. N.Y., Sept. 3,
2019).
Pampered Chef, Ltd., is a multinational multi-level marketing
company that offers a line of kitchen tools, food products, and
cookbooks for preparing food in the home. They also offer some
products to help transport some of their products and gardening
tools.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
Shaked Law Group, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Tel: (917) 373-9128
Email: shakedlawgroup@gmail.com
PENN CREDIT: Faces Hartman Suit in District of New Jersey
---------------------------------------------------------
A class action lawsuit has been filed against Penn Credit
Corporation. The case is captioned as SAMANTHA HARTMAN
on behalf of herself and all others similarly situated, the
Plaintiff, vs. PENN CREDIT CORPORATION and JOHN DOES 1-25, the
Defendant, Case No. 3:19-cv-17020-MAS-LHG (D.N.J., Aug 21, 2019).
The suit alleges violation of Fair Debt Collection Act. The case is
assigned to the Hon. Judge Michael A. Shipp.
Penn Credit Corporation was founded in 1987. The company's line of
business includes collection and adjustment services on claims and
other insurance related issues.[BN]
Attorneys for the Plaintiff are:
Ben A. Kaplan , Esq.
280 Prospect Ave. 6G
Hackensack, NJ 07601
Telephone: (201) 803-6611
Facsimile: (866) 596-4973
E-mail: ben@chulskykaplanlaw.com
PETTIGREW CREWING: Removes Landy Labor Suit to C.D. California
--------------------------------------------------------------
Pettigrew Crewing, Inc., removed on August 28, 2019, the class
action lawsuit entitled STEVE LANDY, as an individual and on behalf
of all others similarly situated v. PETTIGREW CREWING, INC., a
California corporation; and DOES 1 through 50, inclusive, Case No.
19STCV24415, from the Superior Court of the State of California for
the County of Los Angeles to the U.S. District Court for the
Central District of California.
The District Court Clerk assigned Case No. 2:19-cv-07474-RGK-AFM to
the proceeding.
The Plaintiff filed this Class Action Complaint for Damages in the
Superior Court on July 15, 2019. The Complaint alleges the
following causes of action against Defendants: (1) Violation of
Labor Code Section 226; and (2) Violation of Cal. Labor Code
Section 2698, et seq. ("PAGA"). The Plaintiff's second cause of
action relies on his allegation that the Corporate Defendant failed
to timely pay his wages pursuant to Labor Code section 204, and
"seeks penalties on behalf of all aggrieved employees from July 8,
2018," through the present.[BN]
Defendant PETTIGREW CREWING, INC., is represented by:
Jonathan M. Turner, Esq.
Jeremy Mittman, Esq.
Stephen Franz, Esq.
MITCHELL SILBERBERG & KNUPP LLP
2049 Century Park East, 18th Floor
Los Angeles, CA 90067-3120
Telephone: (310) 312-2000
Facsimile: (310) 312-3100
E-mail: jmt@msk.com
j2m@msk.com
scf@msk.com
PG CUTTING: Vega Seeks Minimum Wage for Machine Operators
---------------------------------------------------------
ARMANDO VEGA JR., the Plaintiff, vs. PG CUTTING SERVICES and DOES
1 to 25, inclusive, the Defendants, Case No. 19STCV29782 (Cal.
Super., Aug. 21, 2019), alleges that PG has committed numerous
labor code violations against Plaintiff and other similarly
situated aggrieved employees. The Plaintiff seeks damages in excess
of $25,000.
The Plaintiff started working for PG on or around April or May 2016
as an "operator" in operating machinery. During his employment
tenure at PG, Plaintiff was an hourly, non-exempt employee.
Plaintiff's employment with PG was terminated on or around November
19, 2018.
PG violated Labor Code section 1194, 1194.2, 1197, and 1197.1
because it failed to pay Plaintiff and other similarly situated
aggrieved employees California’s statutory minimum wage for all
hours worked and for "off the clock" work, including but not
limited to, the hours spent driving to job sites from the Lake
Elsinore or Downey yard.
The Plaintiff and others were on a work "What's App" group chat in
which various different work issues would be discussed during
non-business hours and Plaintiff and others would have to respond
and partake in the messaging.[BN]
Attorneys for the Plaintiff are:
Harout Messrelian, Esq.
MESSRELIAN LAW INC.
500 N. Central Ave., Suite 840
Glendale, CA 91203
Telephone: (818) 484-6531
Facsimile: (818) 956-1983
PHONEPOWER INC: Reid Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Phonepower, Inc. The
case is styled as Valentin Reid on behalf of himself and all others
similarly situated, Plaintiff v. Phonepower, Inc., Defendant, Case
No. 1:19-cv-08272 (S.D. N.Y., Sept. 5, 2019).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Phone Power is a privately owned commercial voice over IP (VoIP)
company, based in Winnetka, California that provides telephone
service over the Internet via a broadband connection.[BN]
The Plaintiff is represented by:
David Paul Force, Esq.
Stein Saks, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: dforce@steinsakslegal.com
PIER A BATTERY PARK: Rios Files ADA Suit in New York
----------------------------------------------------
Pier A Battery Park Associates, LLC is facing a class action
lawsuit filed pursuant to the Americans with Disabilities Act. The
case is styled as Lynette Tatum-Rios, individually and on behalf of
all other persons similarly situated, Plaintiff v. Pier A Battery
Park Associates, LLC, Defendant, Case No. 1:19-cv-08259 (S.D.
N.Y., Sept. 4, 2019).
Pier A Battery Park Associates, LLC manages Pier A Harbor House, a
fine dining establishment in New York.[BN]
The Plaintiff is represented by:
Christopher Howard Lowe, Esq.
Lipsky Lowe LLP
420 Lexington Avenue, Suite 1830
New York, NY 10170
Tel: (212) 764-7171
Email: chris@lipskylowe.com
PITTSBURGH FONDUE: Vaughn Seeks Minimum Wage for Tipped Employees
-----------------------------------------------------------------
JENNIFER VAUGHN, on behalf of herself and all others similarly
situated, the Plaintiff, vs. PITTSBURGH FONDUE, LLC; SOUTHEAST
FONDUE, LLC; COLORADO FONDUE, LLC; KANSAS CITY FONDUE, LLC;
ROCHESTER FONDUE, LLC; BUFFALO FONDUE, INC.; JAMES MATERESE;
MICHAEL CHRISTOPHER MILLSAP; and DOE DEFENDANTS 1-10, the
Defendants, Case No. 2:19-cv-01104-DSC (W.D. Pa., Aug. 30, 2019),
alleges that Defendants systematically and willfully deprived
Plaintiff and other Tipped Employees of minimum wages in violation
of the Fair Labor Standards Act.
The case is a class and collective action brought on behalf of
"Tipped Employees" who work or have worked at restaurants operating
under the trade name The Melting Pot Fondue Restaurant that are
owned, operated and/or otherwise managed or controlled by the
Defendants.
As Tipped Employees, these individuals were primarily responsible
operating the "front of the house" and interacting with customers,
including taking customers' orders, serving them their food/drink,
and removing the used plates/glasses after the customers was done
eating/drinking.
As a result of the pay practices, the Plaintiff and the members of
the Classes were illegally under-compensated for their work, the
lawsuit says.
Attorneys for the Plaintiff and the Proposed Classes are:
Gary F. Lynch, Esq.
Edward W. Ciolko, Esq.
Matthew D. Brady, Esq.
CARLSON LYNCH LLP
1133 Penn Ave, 5th Floor
Pittsburgh, PA 15222
Telephone: 412-322-9243
Facsimile: 412-231-0246
E-mail: glynch@carlsonlynch.com
eciolko@carlsonlynch.com
mbrady@carlsonlynch.com
- and -
Robert J. Gray, Esq.
CONNOLLY WELLS & GRAY, LLP
2200 Renaissance Blvd., Suite 275
King of Prussia, PA 19406
Telephone: 610-822-3700
Facsimile: 610-822-3800
E-mail: rgray@cwglaw.com
gwells@cwglaw.com
RIO TINTO: Colbert Appeals Securities Suit Dismissal to 2nd Cir.
----------------------------------------------------------------
Plaintiff Anton Colbert filed an appeal from a Court ruling in the
lawsuit styled Colbert v. Rio Tinto PLC, et al., Case No.
17-cv-8169, in the U.S. District Court for the Southern District of
New York (New York City).
As previously reported in the Class Action Reporter, the District
Court issued an Order granting the Defendants' Motion to Dismiss
the case.
The Plaintiff brought this putative class action against Defendants
Rio Tinto plc and Rio Tinto Limited (Rio Tinto), Thomas Albanese,
and Guy Robert Elliott (Individual Defendants), alleging violations
of (1) Section 10(b) the Securities Exchange Act of 1934 (Exchange
Act), 15 U.S.C. Section 78j(b), and Rule 10b-5, 17 C.F.R. Section
240.10b-5, against all Defendants; and (2) Section 20(a) of the
Exchange Act, 15 U.S.C. Section 78t, against the Individual
Defendants.
The appellate case is captioned as Colbert v. Rio Tinto PLC, et
al., Case No. 19-2711, in the United States Court of Appeals for
the Second Circuit.[BN]
Plaintiff-Appellant Anton Colbert, individually and on behalf of
all others similarly situated, is represented by:
Reed Kathrein, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue
Berkeley, CA 94710
Telephone: (510) 725-3000
E-mail: reed@hbsslaw.com
Defendants-Appellees Rio Tinto, et al., are represented by:
Lawrence J. Zweifach, Esq.
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue
New York, NY 10166
Telephone: (212) 351-4000
E-mail: lzweifach@gibsondunn.com
ROBERTITO'S TACO: Garcia Seeks Overtime Pay for Waitresses
----------------------------------------------------------
GLORIA GARCIA, individually, and on behalf of other members of the
general public similarly situated, the Plaintiff, vs. ROBERTITO'S
TACO SHOP, a California Corporation, JORGE DOMINGUEZ, an
individual, and DOES 1 to 100, Inclusive, the Defendant, Case No.
19CECG03080 (Cal. Super., Aug. 21, 2019), alleges that Defendant
failed to pay overtime wages, failed to provide meal periods, and
failed to pay upon termination or quitting employee under
California Labor Code.
On or about October 1, 2018, the Defendants hired Plaintiff Garcia
as a Waitress to worked two of Defendant's Taco shops (located off
of Blackstone and Riverside near the 99), with a salary of $11.00.
From October 1, 2018 until June 1, 2019, Plaintiff worked about 70
hours per week. Furthermore, Plaintiff was occasionally required to
work seven days a week and was never properly compensated for her
time.[BN]
Attorneys for the Plaintiff are:
Richard A. Harris, Esq.
Burke Huber, Esq.
RICHARD HARRIS LAW FIRM
801 South Fourth Street
Las Vegas, NE 89101
Telephone: (702) 444-4444
Facsimile: (702) 444-4455
E-mail: Burke@RichardHarrisLaw.com
SAREPTA THERAPEUTICS: Salinger Sues over Drug Trial Reports
-----------------------------------------------------------
ANDREW SALINGER, Individually and On Behalf of All Others Similarly
Situated, the Plaintiff, vs. SAREPTA THERAPEUTICS, INC.,
DOUGLAS S. INGRAM, and SANDESH MAHATME, the Defendants, Case No.
1:19-cv-08122 (S.D.N.Y., Aug. 30, 2019), seeks to recover damages
caused by Defendants' violations of the federal securities laws and
to pursue remedies under Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934. The case is a federal securities class action
on behalf of a class consisting of all persons other than
Defendants who purchased or otherwise acquired Sarepta securities
between September 6, 2017 and August 19, 2019, both dates
inclusive.
Sarepta was founded in 1980 and is headquartered in Cambridge,
Massachusetts. Sarepta focuses on the discovery and development of
ribonucleic acid ("RNA")-based therapeutics, gene therapy, and
other genetic medicine approaches for the treatment of rare
diseases. Sarepta's products pipeline includes, among other drug
candidates, golodirsen for the treatment of duchenne muscular
dystrophy ("DMD").
Golodirsen purportedly binds to exon 53 of dystrophin pre-mRNA,
which results in exclusion or skipping of exon during mRNA
processing in patients with genetic mutations.
On September 6, 2017, pre-market, Sarepta announced positive muscle
biopsy results from its 4053-101 study, a Phase 1/2 first-in-human
study conducted in Europe to assess the safety, tolerability,
pharmacokinetics, and efficacy of golodirsen in 25 male subjects
with confirmed deletions of the DMD gene amenable to skipping exon
53 (the "4053-101 Study").
.
According to Sarepta, the 4053-101 Study comprised two parts. In
Part 1, twelve patients were randomized to receive a dose titration
of golodirsen (eight patients) or placebo (four patients). At the
end of Part 1 (dose titration), all twelve patients continued on
golodirsen and an additional thirteen patients started golodirsen
(Part 2). In Part 2, all twenty-five patients were treated for an
additional forty-eight weeks at the time of muscle biopsy. The
analysis included biopsies of the bicep muscle at baseline and
on-treatment at the Part 2 Week 48 time point.
On February 14, 2019, Sarepta announced that the U.S. Food and Drug
Administration's ("FDA") Division of Neurology (the "FDA Neurology
Division") had accepted the Company's New Drug Application ("NDA")
"seeking accelerated approval for golodirsen (SRP-4053) and
provided a regulatory action date of August 19, 2019." According to
Sarepta, the Company completed its NDA at the end of 2018 as part
of a rolling submission and requested priority review, which was
granted. Additionally, the NDA included data from the 4053-101
Study.
Throughout the Class Period, Defendants made materially false and
misleading statements regarding Sarepta's business, operational and
compliance policies. Specifically, Defendants made false and/or
misleading statements and/or failed to disclose that: (i)
golodirsen posed significant safety risks to patients; (ii)
consequently, the NDA package for golodirsen's accelerated approval
was unlikely to receive FDA approval; and (iii) as a result,
Sarepta's public statements were materially false and misleading at
all relevant times.
On August 19, 2019, post-market, Sarepta announced receipt of a
Complete Response Letter ("CRL") from the FDA regarding the
Company's NDA seeking accelerated approval of golodirsen for the
treatment of DMD. Sarepta disclosed that "[t]he CRL generally cites
two concerns: the risk of infections related to intravenous
infusion ports and renal toxicity seen in pre-clinical models of
golodirsen and observed following administration of other antisense
oligonucleotides."
On this news, Sarepta's stock price fell $18.24 per share, or
15.16%, to close at $102.07 per share on August 20, 2019.
As a result of Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages, the lawsuit says.[BN]
Attorneys for the Plaintiff are:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Jonathan Lindenfeld, Esq.
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
600 Third Avenue, 20 th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
jlindenfeld@pomlaw.com
pdahlstrom@pomlaw.com
SEATTLE CITY LIGHT: Deien Sues over Incorrect Billing
-----------------------------------------------------
ANTHONY DEIEN, on behalf of himself and all others similarly
situated, the Plaintiff, vs. SEATTLE CITY LIGHT, the Defendant,
Case No. 19-2-21999-8 SEA (Wash. Super., Aug. 21, 2019), alleges
that Seattle City Light has been incorrectly billing its customers
for years. The incorrect billing is caused by City Light's practice
of billing based on estimated electricity usage, instead of the
amount of electricity actually used by each customer. The Plaintiff
brings claims for breach of contract and the duty of good faith and
fair dealing, violation of the Washington Consumer Protection Act,
and violation of the statutes and regulations governing the conduct
of public service companies.
According to the complaint, Anthony Deien is just one of the many
City Light customers harmed by City Light's billing practices.
In April 2018, City Light sent Mr. Deien an electric bill for more
than $1,000. The bill was obviously wrong. Mr. Deien's prior
electric bills had never been more than a few hundred dollars. But
when Mr. Deien called to correct the problem, City Light's response
was that the bill was correct. City Light agreed to allow Mr. Deien
to pay the huge bill over time but added approximately $200 to
future bills as part of that payment plan.
The increased electric bills made the apartment Mr. Deien and his
sister shared unaffordable and forced them to move out when their
lease expired, instead of renewing the lease as they had planned.
City Light traditionally charged its customers based on the amount
of electricity used, measured in kilowatt hours, multiplied by its
published rates. City Light had approximately 50 employees
responsible for recording the readings on each customer's
electricity meter every two months so City Light could bill each
customer based on the electricity that customer used.
In approximately 2016, City Light attempted to cut costs by
transitioning to digital meter readers and a new software system
that was supposed to receive meter reads directly from the digital
readers. The software did not work as intended. City Light was
unable to record actual readings from its customers' meters on an
automated basis, and it no longer had enough employees to take
manual readings.
Rather than admit its mistakes and fix them, City Light tried to
cover them up by billing customers based on estimates of
electricity usage. City Light's estimated bills fail to comply with
Municipal Code requirements. Estimated bills are often wildly
inaccurate. When City Light tries to "true up" customers' bills
months or even years later, it sends customers bills that are five,
ten, or even thirty times the amounts of their prior bills. In the
process, City Light often charges customers for electricity they
did not use and charges higher rates than the rates authorized by
the municipal code, the lawsuit says.[BN]
Attorneys for the Plaintiff are:
Beth E. Terrell, Esq.
Ari Brown, Esq.
Blythe H. Chandler, Esq.
TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, WA 98103-8869
Telephone: (206) 816-6603
E-mail: bterrell@terrellmarshall.com
abrown@terrellmarshall.com
bchandler@terrellmarshall.com
SENNHEISER ELECTRONIC: Diaz Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Sennheiser Electronic
Corporation. The case is styled as Edwin Diaz on behalf of himself
and all others similarly situated, Plaintiff v. Sennheiser
Electronic Corporation, Defendant, Case No. 1:19-cv-08269 (S.D.
N.Y., Sept. 5, 2019).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Sennheiser Electronic Corporation distributes electroacoustic
solutions.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
SIERRA TRADING POST: Reid Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Sierra Trading Post,
Inc. The case is styled as Valentin Reid on behalf of himself and
all others similarly situated, Plaintiff v. Sierra Trading Post,
Inc., Defendant, Case No. 1:19-cv-08274 (S.D. N.Y., Sept. 5,
2019).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Sierra Trading Post Inc. provides retail sale of various brand
products. The Company offers a diverse range of clothing, shoes,
sporting goods, gears, and home decor products through online and
retail stores.[BN]
The Plaintiff is represented by:
David Paul Force, Esq.
Stein Saks, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: dforce@steinsakslegal.com
SIGNPOST INC: Violates TCPA, Loftus Class Suit Asserts
------------------------------------------------------
WILLIAM LOFTUS, individually and on behalf of all others similarly
situated v. SIGNPOST INC., Case No. 1:19-cv-07984 (S.D.N.Y., Aug.
26, 2019), involves a telemarketing campaign by SignPost to market
their services in violation of the Telephone Consumer Protection
Act.
In violation of the TCPA, SignPost called the Plaintiff using an
automatic telephone dialing system ("ATDS") to promote their goods
and services, according to the complaint.
SignPost, Inc. is a New York corporation with its principal place
of business located in New York City. SignPost offers customer
relationship management software for businesses. To generate new
customers, SignPost relies on telemarketing.[BN]
The Plaintiff is represented by:
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (617) 485-0018
Facsimile: (508) 318-8100
E-mail: anthony@paronichlaw.com
SJV USA INC: Diaz Files ADA Suit in S.D. New York
-------------------------------------------------
A class action lawsuit has been filed against SJV USA Inc. The case
is styled as Edwin Diaz on behalf of himself and all others
similarly situated, Plaintiff v. SJV USA Inc., Defendant, Case No.
1:19-cv-08276 (S.D. N.Y., Sept. 5, 2019).
The Plaintiff filed the case under the Americans with Disabilities
Act.
SJV & Associates is a Kennesaw-based company founded in 1998.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
STEVEN COHEN: Ortiz Files FDCPA Class Action in New York
--------------------------------------------------------
A class action lawsuit has been filed against Law Offices of Steven
Cohen LLC. The case is styled as Joanna Ortiz, individually and on
behalf of all others similarly situated, Plaintiff v. Law Offices
of Steven Cohen LLC and Caddis Funding LLC, Defendants, Case No.
2:19-cv-05023 (E.D. N.Y., Sept. 4, 2019).
The docket of the case states the nature of suit as Consumer Credit
filed pursuant to the Fair Debt Collection Practices Act.
Law Offices of Steven Cohen specializes in commercial & consumer
collection cases, complex & real estate litigation, & construction
law in NY & NJ.[BN]
The Plaintiff is represented by:
David M. Barshay, Esq.
Barshay Sanders, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Tel: (516) 203-7600
Fax: (516) 706-5055
Email: dbarshay@barshaysanders.com
- and -
Craig B. Sanders, Esq.
Barshay Sanders, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Tel: (516) 203-7600
Fax: (516) 281-7601
Email: csanders@barshaysanders.com
STRAUS & ASSOCIATES: Spears Sues over Debt Collection Practices
---------------------------------------------------------------
CLAY SPEARS, individually and on behalf of all those similarly
situated, the Plaintiff, vs. STRAUS & ASSOCIATES P.A., the
Defendants, Case No. 0:19-cv-62187-XXXX (S.D. Fla., Aug. 31, 2019),
seeks to recover damages under the Fair Debt Collection Practices
Act and the Florida Consumer Collection Practices Act.
The debt at issue is a financial obligation Plaintiff incurred
primarily for personal, family, or household purposes.
The Defendant is a business entity engaged in the business of
collecting consumer debts. The Defendant regularly collects or
attempts to collect, directly or indirectly, debts owed or due or
asserted to be owed or due another.
On a date better known by Defendant, it began attempting collect
the Consumer Debts from Plaintiff. The Defendant mailed a
collection letter, dated February 11, 2019, to Plaintiff in an
attempt to collect the Consumer Debt.
The Collection Letter is a communication from Defendant to
Plaintiff in connection with the collection of a debt.
The Collection Letter does not disclose that Defendant is a debt
collector and that, as a debt collector, it (Defendant) "is
attempting to collect a debt and that any information obtained will
be used for that purpose."
The Collection Letter is required to contain the disclosures
required by 15 U.S.C. Sec. 1692g(a)(1)-(5). The Collection Letter,
however, does not adequately inform the least sophisticated
consumer of, among other things, the rights he or she enjoys under
Sec. 1692g(a)(4) of the FDCPA.
The Defendant knew that, by mailing the Collection Letter to
Plaintiff, the Defendant was unlawfully seeking to collect the
Consumer Debt from Plaintiff in violation of section 1692g(a)(4)
and 1692e(11) of the FDCPA. Thus, by and through the Collection
Letter, as well as those letters the Defendant mailed to members of
the FCCPA Class, it violated Fla. Stat. 559.72(9).[BN]
Attorneys for the Plaintiff are:
Jibrael S. Hindi, Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, 17th Floor
Ft. Lauderdale, FL 33301
Telephone: (954) 907-1136
Facsimile: (855) 529-9540
E-mail: www.JibraelLaw.com
SUN BUM SUNCARE: Conner Files ADA Class Action
----------------------------------------------
A class action lawsuit has been filed against Sun Bum Suncare LLC.
The case is styled as Mary Conner and on behalf of all other
persons similarly situated, Plaintiff v. Sun Bum Suncare LLC,
Defendant, Case No. 1:19-cv-05047 (E.D. N.Y., Sept. 5, 2019).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Sun Bum Suncare LLC is owned by a group of friends that made
trusted suncare products for their small beach community.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
Shaked Law Group P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
SUNCOAST CREDIT: Loomis Balks at Multiple Insufficient Funds Fees
-----------------------------------------------------------------
DAVID LOOMIS, individually and on behalf of all others similarly
situated, Plaintiff v. SUNCOAST CREDIT UNION, Defendant, Case No.
94258103 (Fla. Cir., Hillsborough Cty., Aug. 15, 2019) is an action
seeking monetary damages, restitution, and declaratory relief from
the Defendant, arising from the unfair and unconscionable
assessment and collection of multiple $29 "insufficient funds fees"
on the same items.
The Plaintiff alleges in the complaint that the Defendant
unlawfully assesses multiple "insufficient funds fees" ("NSF Fees")
on a single Automated Clearing House ("ACH") item or check.
Unbeknownst to consumers, each time the Defendant reprocesses an
ACH transaction or check for payment after it was initially
rejected for insufficient funds, the Defendant chooses to treat it
as a new and unique item or item that is subject to yet another NSF
Fee. But the Defendant's account documents never disclose that this
counterintuitive and deceptive result could occur and, in fact,
states the opposite.
The account documents indicate that only a single NSF Fee will be
charged per "item," however many times that item is reprocessed
with no request from the customer to do so. An electronic item
reprocessed after an initial return for insufficient funds,
especially through no action by the customer, cannot and does not
fairly become a new, unique item for fee assessment purposes.
This abusive practice is not universal in the financial services
industry. Indeed, major banks do not undertake the practice of
charging more than one NSF Fee on the same item when it is
reprocessed. Instead, major banks charges one NSF Fee even if an
item is reprocessed for payment multiple times.
The Defendant's account documents never disclose this practice. To
the contrary, the Defendant's account documents indicate it will
only charge a single NSF Fee on an item or per item.
Suncoast Credit Union is a credit union headquartered in Tampa,
Florida. The credit union formed in 1934 to originally serve
teachers in Hillsborough County and later expanded to serve all
school employees along the suncoast region. [BN]
The Plaintiff is represented by:
Jake Phillips, Esq.
Jacob Phillips, Esq.
NORMAND PLLC
3165 McCrory Place, Suite 175
Orlando, FL 30803
Telephone: (407) 603-6031
Facsimile: (888) 974-2175
E-mail: jacob.phillips@normandpllc.com
service@normandpllc.com
- and -
Lynn A. Toops, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
Facsimile: (317) 636-2593
E-mail: ltoops@cohenandmalad.com
- and -
Jeffrey D. Kaliel, Esq.
Sophia Gold, Esq.
KALIEL PLLC
1875 Connecticut Avenue NW, 10th Floor
Washington, DC 20009
Telephone: (202) 300-4783
Facsimile: (202) 871-8180
E-mail: jkaliel@kalielpllc.com
sgold@kalielpllc.com
- and -
Christopher D. Jennings, Esq.
JOHNSON FIRM
610 President Clinton Avenue, Suite 300
Little Rock, AK 72201
Telephone: (501) 372-1300
Facsimile: (888) 505-0909
E-mail: chris@yourattorney.com
SWEETWATER SOUND: Reid Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Sweetwater Sound Inc.
The case is styled as Valentin Reid on behalf of himself and all
others similarly situated, Plaintiff v. Sweetwater Sound Inc.,
Defendant, Case No. 1:19-cv-08280 (S.D. N.Y., Sept. 5, 2019).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Sweetwater Sound, Inc. retails music instruments. The Company
offers drum machines, guitars, bass, keyboards, and sound and
lighting products. Sweetwater Sound serves clients in the United
States.[BN]
The Plaintiff is represented by:
David Paul Force, Esq.
Stein Saks, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: dforce@steinsakslegal.com
TOP FLITE: Fabricant Sues over Unsolicited Calls & Text Messages
----------------------------------------------------------------
TERRY D. FABRICANT, individually and as the representative of a
class of similarly-situated persons, the Plaintiff, vs. TOP FLITE
FINANCIAL, INC., a Michigan corporation, the Defendant, Case No.
2:19-cv-12558-LJM-SDD (E.D. Mich., Aug. 30, 2019), contends that
the Defendant promotes and markets its merchandise, in part, by
placing unsolicited telephone calls and sending text messages to
wireless phone users, in violation of the Telephone Consumer
Protection Act.
The Defendant invaded Plaintiff's privacy by causing unsolicited
calls to be made to Plaintiff's and other class members' cellular
telephones through the use of an auto-dialer, called Plaintiff's
cellular telephone which was listed on the National Do Not Call
Registry, sent text messages to Plaintiff without prior written
express consent, and violated the California Penal Code 632.7 by
recording at least two telephone calls without Plaintiff's or the
other class members’ knowledge or consent ,the lawsuit says.[BN]
Attorneys for the Plaintiffs are:
Ryan M. Kelly, Esq.
ANDERSON + WANCA
3701 Algonquin Road, Suite 500
Rolling Meadows, IL 60008
Telephone: 847-368-1500
Facsimile: 847-368-1501
E-mail: rkelly@andersonwanca.com
TOP SHIPS: Onel Appeals Brady Suit Dismissal to 2nd Circuit
-----------------------------------------------------------
Movants Moshe Onel, Amardeep Sindhu and Joel Sofer filed an appeal
from the District Court's memorandum decision and order dated
August 3, 2019, and judgment dated August 6, 2019, dismissing the
lawsuit entitled Brady, et al. v. Top Ships Inc., et al., Case No.
17-cv-4987, in the U.S. District Court for the Eastern District of
New York.
As reported in the Class Action Reporter on Aug. 22, 2019, the
District Court issued a Memorandum Opinion and Order granting the
Defendants' motion to dismiss the case.
The Lead Plaintiffs bring this consolidated putative securities
class action on behalf of all persons or entities who purchased or
acquired Top Ships, Inc. common stock between November 23, 2016 and
April 3, 2018. The Plaintiffs allege that the Defendants
participated in a so-called death spiral financing scheme to
manipulate the price of Defendant Top Ship's common stock, which
they facilitated by making a number of allegedly misleading
statements and omissions.
The appellate case is captioned as Brady, et al. v. Top Ships Inc.,
et al., Case No. 19-2693, in the United States Court of Appeals for
the Second Circuit.[BN]
The Movants-Appellants are represented by:
Jeremy Alan Lieberman, Esq.
POMERANTZ LLP
600 3rd Avenue
New York, NY 10016
Telephone: (212) 661-1100
E-mail: jalieberman@pomlaw.com
Defendants-Appellees Top Ships Inc., Evangelos J. Pistiolis and
Alexandros Tsirikos are represented by:
Jeremy Adler, Esq.
WILMER CUTLER PICKERING HALE AND DORR LLP
7 World Trade Center
250 Greenwich Street
New York, NY 10007
Telephone: (212) 937-7518
E-mail: jeremy.adler@wilmerhale.com
Defendants-Appellees Kalani Investments Limited, Murchinson Ltd.,
Marc Bistricer and Xanthe Holdings Ltd. are represented by:
Peter H. White, Esq.
SCHULTE ROTH & ZABEL LLP
1152 15th Street, NW
Washington, DC 20005
Telephone: (202) 729-7470
E-mail: pete.white@srz.com
TRUSTED MEDIA: Tovey Suit Moved to Southern District of California
------------------------------------------------------------------
Trusted Media Brands, Inc. case captioned as DANE TOVEY,
individually and on behalf of all others similarly situated, the
Plaintiff, vs. TRUSTED MEDIA BRANDS, INC., a Delaware corporation;
and DOES 1-50, inclusive, the Defendants, Case No.
37-2019-00038992-CU-BT-CTL (Filed July 26, 2019), was removed from
the Superior Court of San Diego, to the United States District
Court for the Southern District of California on Aug. 30, 2019. The
Southern District of California Court Clerk assigned Case No.
3:19-cv-01643-AJB-WVG to the proceeding.
The complaint is styled as a putative class action, alleging
violations of the California Consumer Legal Remedies Act and
California's Unfair Competition law.[BN]
Attorneys for the Defendant are:
Kyle T. Cutts, Esq.
kcutts@bakerlaw.com
BAKER & HOSTETLER LLP
Key Tower
127 Public Square, Suite 2000
Cleveland, OH 44114-1214
Telephone: 216-621-0200
Facsimile: 216-696-0740
UBS FINANCIAL: Lampkin Asks Supreme Ct. to Review Case Dismissal
----------------------------------------------------------------
Kevin Lampkin, et al., filed with the Supreme Court of the United
States their petition for writ of certiorari in the matter titled
KEVIN LAMPKIN; STEPHEN MILLER, individually and on behalf of all
others similarly situated; JOE BROWN; FRANK GITTESS; TERRY NELSON;
DIANNE SWIBER; ROBERT FERRELL, Petitioners v. UBS FINANCIAL
SERVICES, INCORPORATED; formerly known as UBS Painewebber,
Incorporated; UBS SECURITIES, L.L.C., formerly known as UBS
Warburg, L.L.C., Respondents.
The question presented is: "Is the grant of an employee stock
option a 'sale' of a security under the Securities Act of 1933?"
The United States Court of Appeals for the Fifth Circuit issued its
opinion on May 24, 2019, affirming the District Court's dismissal
of the lawsuit entitled Lampkin, et al. v. UBS Financial Services,
Inc., et al., Case No. H-02-0851 (S.D. Tex.).
The appellate case is captioned as Lampkin, et al. v. UBS Financial
Services, Inc., et al., Case No. 17-20608, in the U.S. Court of
Appeals for the Fifth Circuit.
As previously reported in the Class Action Reporter on July 16,
2019, Fifth Circuit Judge Patrick E. Higginbotham affirmed the
District Court's dismissal of the complaint for failure to state a
claim.
The Plaintiffs-Appellants bring the putative class action alleging
violations of the securities laws against Defendants-Appellees UBS
Financial Services, Inc. (formerly UBS PaineWebber) and UBS
Securities, LLC (formerly UBS Warburg, LLC. During the relevant
time period, PaineWebber and Warburg were separate legal entities
and subsidiaries of UBS AG.[BN]
The Plaintiffs-Petitioners are represented by:
Andy Tindel, Esq.
MT2 LAW GROUP
112 East Line Street, Suite 304
Tyler, TX 75702
Telephone: (903) 596-0900
E-mail: atindel@andytindel.com
- and -
Bonnie E. Spencer, Esq.
Dawn Meade, Esq.
David Augustus, Esq.
THE SPENCER LAW FIRM
4635 Southwest Freeway, Suite 900
Houston, TX 77027
Telephone: (713) 961-7770
E-mail: bonniespencer@spencer-law.com
dawnmeade@spencer-law.com
davidaugustus@spencer-law.com
UNITED INDUSTRIES: Bassaw Says Pesticide Not Effective
------------------------------------------------------
SHIVAN BASSAW, individually and on behalf of all others similarly
situated, Plaintiff v. UNITED INDUSTRIES CORPORATION; and SPECTRUM
BRANDS, INC., Defendants, Case No. 1:19-cv-07759 (S.D.N.Y., Aug.
19, 2019) is an action on behalf of similarly situated of persons
who purchased the Defendants' product Hot Shot Concentrated Deep
Reach Fogger. The lawsuit alleges violations of the consumer
protection laws of New York, unjust enrichment, breach of express
warranty and violation of the Magnuson-Moss Warranty Act.
According to the complaint, the Plaintiff and the Class were
injured and suffered damages as a result of the Defendants'
misrepresentations on the effectiveness of the Hot Shot product.
They would not have purchased Hot Shot if they had known that Hot
Shot was ineffective for its stated purposes, and they overpaid for
Hot Shot on account of its misrepresentations that it "kills on
contact," "controls heavy infestations," "keeps killing up to 2
months," "kills roaches, fleas, ants (except fire ants), spiders, &
other listed insects," and that it "kills hidden bugs . . .
penetrates into cracks, crevices & carpet fibers."
United Industries Corporation manufactures and markets chemicals
for the consumer lawn and garden care and insect control markets.
The Company offers a variety of brands, including Spectracide,
Triazicide, and Real-Kill. [BN]
The Plaintiff is represented by:
Yitzchak Kopel, Esq.
Scott A. Bursor, Esq.
Yitzchak Kopel, Esq.
Alec M. Leslie, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: scott@bursor.com
ykopel@bursor.com
aleslie@bursor.com
UNITED STATES: Smith Files Class Suit in Federal Claims Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against USA. The case is
styled as Petrina Smith, individual on behalf of herself and all
others similarly situated, Plaintiffs v. USA, Defendant, Case No.
1:19-cv-01348-LAS (United States Court of Federal Claims, Sept. 4,
2019).
The docket of the case states the nature of suit as Civilian Pay -
FLSA filed pursuant to the Tucker Act.
The U.S. is a country of 50 states covering a vast swath of North
America, with Alaska in the northwest and Hawaii extending the
nation’s presence into the Pacific Ocean. Major Atlantic Coast
cities are New York, a global finance and culture center, and
capital Washington, DC. Midwestern metropolis Chicago is known for
influential architecture and on the west coast, Los Angeles'
Hollywood is famed for filmmaking.[BN]
The Plaintiff is represented by:
David Roger Markham, Esq.
Markham Law Firm
750 B Street, Suite 1950
San Diego, CA 92101
Tel: (619) 399-3995
Fax: (619) 615-2097
Email: lcarcione@markham-law.com
USHEALTH GROUP: Jones Suit Removed to Kansas Dist. Ct.
------------------------------------------------------
The case captioned NATHAN C. JONES, individually and on behalf of
all others similarly situated, Plaintiff, v. USHEALTH GROUP, INC.,
a Delaware corporation, and USHEALTH ADVISORS, LLC, a Texas limited
liability company, Defendants, Case No. 19-CV-04156 was removed
from the District Court of Johnson County, Kansas to the United
States District Court for the District of Kansas on Sept. 4, 2019,
and assigned Case No. 2:19-cv-02534.
The suit arises from two text messages to Plaintiff's cellular
telephone allegedly placed by an individual named Chad Beisel that
Plaintiff asserts violated the Telephone Consumer Protection
Act.[BN]
The Defendants are represented by:
Scott L. Brown, Esq.
Blake & Uhlig, P.A.
475 New Brotherhood Building
753 State Avenue
Kansas City, KS 66101
Phone: (913) 321-8884
Fax: (913) 321-2396
Email: slb@blake-uhlig.com
VECTOR STRUCTURAL: Osorio Suit Moved From S.D.N.Y. to E.D.N.Y.
--------------------------------------------------------------
The class action lawsuit styled ALEJANDRO MANUEL ZAPATA OSORIO,
ARTURO DEL RAZO, BRAULIO ROLANDO CASHABAMBA CHANGO, BYRON SALVADOR
BARRERA SANCHEZ, CARLOS E. SIERRA RODRIGUEZ, EDWIN FABRICIO
CASHABAMBA TUBON, JESUS SIERRA, JUAN SIERRA, RAMON ROSALES GALVEZ,
RAUL CHAVEZ DIAZ, SEGUNDO LEANDRO ALULEMA GUANO, SEGUNDO NICOLAS
SIGUENCIA ENCALADA, and WILDER RODRIGUEZ, individually and on
behalf of others similarly situated v. VECTOR STRUCTURAL
PRESERVATION CORP. (D/B/A VECTOR STRUCTURAL PRESERVATION), NORTH
STAR STRATEGY, INC. (D/B/A NORTH STAR STRATEGY), BILL HANDAKAS,
VASSILIOS HANDAKAS, and SERGIO DOE, Case No. 1:19-cv-07261, was
transferred on August 27, 2019, from the U.S. District Court for
the Southern District of New York to the U.S. District Court for
the Eastern District of New York.
The Eastern District Court Clerk assigned Case No.
1:19-cv-04896-LDH-ST to the proceeding.
The Plaintiffs are former employees of the Defendants employed as
brick layers at the construction corporations located in Port
Washington, New York, and Huntington Station, New York. The
Plaintiffs allege that they worked in excess of 40 hours per week,
without appropriate minimum wage and overtime compensation for the
hours that they worked, in violation of the Fair Labor Standards
Act.
The Defendants own, operate, or control two construction
corporations under the name "Vector Structural Preservation" and
"North Star Strategy."[BN]
The Plaintiffs are represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
E-mail: Michael@Faillacelaw.com
VERINT SYSTEMS: Mediation Ongoing in Class Suit Against Unit
------------------------------------------------------------
Verint Systems Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on September 4, 2019, for the
quarterly period ended July 31, 2019, that mediation is ongoing in
the class action suit in Tel Aviv against the company's subsidiary
Verint Systems Limited.
In March 2009, one of the company's former employees, Ms. Orit
Deutsch, commenced legal actions in Israel against the company's
primary Israeli subsidiary, Verint Systems Limited ("VSL") (Case
Number 4186/09) and against the company's affiliate Comverse
Technology, Inc. (CTI) (Case Number 1335/09).
Also in March 2009, a former employee of Comverse Limited (CTI's
primary Israeli subsidiary at the time), Ms Roni Katriel, commenced
similar legal actions in Israel against Comverse Limited (Case
Number 3444/09).
In these actions, the plaintiffs generally sought to certify class
action suits against the defendants on behalf of current and former
employees of VSL and Comverse Limited who had been granted stock
options in Verint and/or CTI and who were allegedly damaged as a
result of a suspension on option exercises during an extended
filing delay period that is discussed in our and CTI's historical
public filings.
On June 7, 2012, the Tel Aviv District Court, where the cases had
been filed or transferred, allowed the plaintiffs to consolidate
and amend their complaints against the three defendants: VSL, CTI,
and Comverse Limited.
On October 31, 2012, CTI distributed of all of the outstanding
shares of common stock of Comverse, Inc., its principal operating
subsidiary and parent company of Comverse Limited, to CTI's
shareholders (the "Comverse Share Distribution").
In the period leading up to the Comverse Share Distribution, CTI
either sold or transferred substantially all of its business
operations and assets (other than its equity ownership interests in
Verint and in its then-subsidiary, Comverse, Inc.) to Comverse,
Inc. or to unaffiliated third parties. As the result of these
transactions, Comverse, Inc. became an independent company and
ceased to be affiliated with CTI, and CTI ceased to have any
material assets other than its equity interests in Verint. Prior to
the completion of the Comverse Share Distribution, the plaintiffs
sought to compel CTI to set aside up to $150.0 million in assets to
secure any future judgment, but the District Court did not rule on
this motion. In February 2017, Mavenir Inc. became
successor-in-interest to Comverse, Inc.
On February 4, 2013, Verint acquired the remaining CTI shell
company in a merger transaction (the "CTI Merger"). As a result of
the CTI Merger, Verint assumed certain rights and liabilities of
CTI, including any liability of CTI arising out of the foregoing
legal actions.
However, under the terms of a Distribution Agreement entered into
in connection with the Comverse Share Distribution, the company, as
successor to CTI, are entitled to indemnification from Comverse,
Inc. (now Mavenir) for any losses the company may suffer in its
capacity as successor to CTI related to the foregoing legal
actions.
Following an unsuccessful mediation process, on August 28, 2016,
the District Court (i) denied the plaintiffs' motion to certify the
suit as a class action with respect to all claims relating to
Verint stock options and (ii) approved the plaintiffs' motion to
certify the suit as a class action with respect to claims of
current or former employees of Comverse Limited (now part of
Mavenir) or of VSL who held unexercised CTI stock options at the
time CTI suspended option exercises. The court also ruled that the
merits of the case would be evaluated under New York law.
As a result of this ruling (which excluded claims related to Verint
stock options from the case), one of the original plaintiffs in the
case, Ms. Deutsch, was replaced by a new representative plaintiff,
Mr. David Vaaknin. CTI appealed portions of the District Court’s
ruling to the Israeli Supreme Court.
On August 8, 2017, the Israeli Supreme Court partially allowed
CTI's appeal and ordered the case to be returned to the District
Court to determine whether a cause of action exists under New York
law based on the parties' expert opinions.
Following a second unsuccessful round of mediation in mid to late
2018, the proceedings resumed. The plaintiffs have filed a motion
to amend the class certification motion and CTI has filed a
corresponding motion to dismiss and a response.
At a hearing on April 16, 2019, the District Court suggested that
the parties consider another round of mediation, which is currently
in process.
Verint Systems Inc. provides actionable intelligence solutions
worldwide. Verint Systems Inc. was founded in 1994 and is
headquartered in Melville, New York.
VINTAGE KING AUDIO: Diaz Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Vintage King Audio,
Inc. The case is styled as Edwin Diaz on behalf of himself and all
others similarly situated, Plaintiff v. Vintage King Audio, Inc.,
Defendant, Case No. 1:19-cv-08271-VSB (S.D. N.Y., Sept. 5, 2019).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Vintage King Audio is an online platform that offers recording
equipment and tools.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
WANGS ALLIANCE: Lovelace Seeks OT Wages for Manual Workers
----------------------------------------------------------
Shaun Lovelace, Individually, and on behalf of all others similarly
situated, the Plaintiff, v. Wangs Alliance Corporation, the
Defendant, Case No. 715030/2019 (N.Y. Sup., Aug. 30, 2019), asserts
that Plaintiff and a class of other similarly situated current and
former hourly manual workers who worked for the Defendant, are
entitled to maximum liquidated damages (for the period after April
9, 2011) and interest for being paid overtime wages and
non-overtime wages later than weekly; entitled to costs and
attorneys' fees, pursuant to the New York Labor Law; and entitled
to unpaid overtime wages from Defendant for working more than 40
hours in a week and not being paid an overtime rate of at least 1.5
times his regular rate for such hours over 40 in a week pursuant to
the New York Minimum Wage.
The Plaintiff was employed by Defendant as a manual worker
performing all manual, physical and repetitive tasks within the
capacity including packing, unpacking, moving, lifting and handling
merchandise and packages throughout his workday.
Wangs Alliance Corporation, doing business as WAC Lighting Co.,
provides lighting solutions. The Company offers wall lights,
electrical apparatus, and wiring supplies. WAC Lighting operates
worldwide.[BN]
Counsel for the Plaintiff are:
Abdul K. Hassan, Esq.
ABDUL HASSAN LAW GROUP
215-28 Hillside Avenue
Queens Village, NY 11427
Telephone: 718-740-1000
Facsimile: 718-355-9668
E-mail: abdul@abdulhassan.com
WHIRLPOOL CORP: Schechner Submits Sealed Appeal to Sixth Circuit
----------------------------------------------------------------
Plaintiffs Barbara Barnes, Laura Bliss, Kathleen Jordan, Kathryn
Limpede, Louise Miljenovic, Candace Oliarny, Toby Schechner,
Beverly Simmons, Mary Ellen Thome and Richard Thome filed a sealed
petition for review of a District Court ruling issued in their
lawsuit entitled TOBY SCHECHNER, et al. v. WHIRLPOOL CORPORATION,
Case No. 2:16-cv-12409, in the U.S. District Court for the Eastern
District of Michigan at Detroit.
As previously reported in the Class Action Reporter, the District
Court issued an Order overruling the Plaintiffs' objections and
Defendant's objections to the discovery master's report and
recommendation in the case.
The litigation is a putative class action in which the Plaintiffs
allege that Whirlpool's marketing and advertising for its ovens
with AquaLift self-cleaning technology (AquaLift ovens) were false,
deceptive, and misleading because the ovens did not clean as
effectively as advertised.
The appellate case is captioned as In re: Toby Schechner, et al.,
Case No. 19-111, in the United States Court of Appeals for the
Sixth Circuit.[BN]
Plaintiffs-Petitioners TOBY SCHECHNER, et al., are represented by:
Douglas S. Wilens, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
120 East Palmetto Park Road, Suite 500
Boca Raton, FL 33432
Telephone: (561) 750-3000
Facsimile: (561) 750-3364
E-mail: DWilens@rgrdlaw.com
Defendant-Respondent WHIRLPOOL CORPORATION is represented by:
Howard B. Iwrey, Esq.
DYKEMA GOSSETT PLLC
39577 Woodward Avenue, Suite 300
Bloomfield Hills, MI 48304
Telephone: (248) 203-0526
E-mail: hiwrey@dykema.com
WOODLANDS FRANCHISE: Ivory Seeks to Recover Overtime Pay Under FLSA
-------------------------------------------------------------------
JUSTIN IVORY, Individually and On Behalf of All Similarly Situated
Persons v. WOODLANDS FRANCHISE MANAGEMENT, LLC, Case No.
4:19-cv-03231 (S.D. Tex., Aug. 27, 2019), is brought under the Fair
Labor Standards Act seeking to recover unpaid overtime
compensation, liquidated damages, and attorney's fees.
Woodlands Franchise Management, LLC ("WFM") is a Texas limited
liability company.
WFM was at all relevant times an enterprise engaged in commerce or
in the production of goods for commerce.[BN]
The Plaintiff is represented by:
Josef F. Buenker, Esq.
Vijay Pattisapu, Esq.
THE BUENKER LAW FIRM
2060 North Loop West, Suite 215
Houston, TX 77018
Telephone: (713) 868-3388
Facsimile: (713) 683-9940
E-mail: jbuenker@buenkerlaw.com
vijay@buenkerlaw.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
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Copyright 2019. All rights reserved. ISSN 1525-2272.
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