/raid1/www/Hosts/bankrupt/CAR_Public/200428.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, April 28, 2020, Vol. 22, No. 85
Headlines
ABC PHONES: Panduro FLSA Class Suit Removed to C.D. California
ADAMS HOMES: Devivo FLSA Suit Moved to Middle District of Florida
AGRI STATS: Sandee's Alleges Price-Fixing of Turkey Meat
ALL-CLAD METALCRAFTERS: Mears Sues Over Defective Cookware
ALPHABET INC: ERSRI Appeals N.D. Cal. Ruling in Securities Suit
ALTRIA GROUP: Faces Deadwyler Suit Over Anticompetitive Trade Acts
AMERICAN AIRLINES: Ward Seeks Refund for Cancelled Flight
APACHE CORP: Underpays HSE Advisors, Ellis Claims
ARKANSAS: Frazier Files Suit v. Dept. of Corrections
ARKANSAS: Hampton Files Civil Rights Suit v. Dept. of Corrections
ARKANSAS: John Doe Files Suit v. Dept. of Corrections
ARKANSAS: Kent Files Suit v. Dept. of Corrections
ARKANSAS: Kouri Files Suit v. Dept. of Corrections
ARKANSAS: Neeley Files Suit v. Dept. of Corrections
ARKANSAS: Scott Files Suit v. Dept. of Corrections
ARKANSAS: Serrato Files Suit v. Dept. of Corrections
ARKANSAS: Stiggers Files Suit v. Dept. of Corrections
ARKANSAS: Williams Files Suit Over Prison Conditions
BARNES & NOBLE: Warman Alleges Price-Fixing of College Textbooks
BICKFORD SENIOR: Smith Suit Moved to Central District of Illinois
BIO HAZARD INC: Faces Rodriguez Employment Suit in California
BRIGHTHOUSE LIFE: Continues to Defend Atkins Class Suit
CHENIERE ENERGY: Underpays Pipeline Inspectors, Brister Claims
CITY WIDE TRANSPORTATION: Fails to Pay OT Wages, Parrilla Claims
COLUMBIA GAS TRANSMISSION: Moles Files Suit in West Virginia
COMMUNITY HEALTH SYSTEMS: McKinney Suit Transferred to Oklahoma
CONVERGENT OUTSOURCING: Bemshimon Files FDCPA Suit in New York
CREDIT MANAGEMENT: Gil Alleges Violation of FDCPA in New York
DELEK US ENERGY: Becker Seeks Unpaid OT Wages for Inspectors
DEVA CONCEPTS: DevaCurl Hair Products Are Defective, Baldyga Says
FCA US: Flores et al. Sue Over Defective Automobile Sway Bar
FREEDOM MORTGAGE: Freedman Consumer Suit Moved to C.D. California
GOODYEAR TIRE: Perez Sues Over Wrongful Dismissal
HOME DEPOT: Almanzar Sues Over Denied Reimbursements, Missed Breaks
HP INC: Bid to Dismiss Amended Parziale Complaint Pending
HP INC: Faces Electrical Workers Pension Fund, Local 103 Suit
HP INC: Jackson's Age Bias Claims Resolved
IQIYI: Faces Lee Suit Over Misleading SEC Registration Statements
J.M.V LIGHTING: Hall et al. Seek Overtime, Unpaid Wages for Staff
JPMORGAN CHASE: Legendary Sues Over Paycheck Protection Program
L BRANDS INC: Velazquez Labor Suit Removed to C.D. California
MAJOR LEAGUE BASEBALL: Ajzenman Seeks Refund for Unused Tickets
MDL 2492: Mack Suit v. NCAA Over Health Issues Consolidated
MICHAEL CHEVROLET: Transmits Robocalls, Balladares Claims
MICHIGAN: Landscapers Challenge COVID-19 Executive Order
MONROE COUNTY, NY: Ash Seeks to Recover Back Pay, Damages
NEW YORK: Detainees Hits Jail Time Amidst Trial Suspension
NORDSON CORP: Continues to Defend Ortiz Class Suit in California
OAKLAND COUNTY, MI: Cameron Petitions for Writ of Habeas Corpus
OTA FRANCHISE: Misleads Investment Education Buyers, Jine Claims
PANASONIC AVIONICS: Colonelli Labor Suit Moved to C.D. California
PERSONAL TOUCH: Booker Files Suit in Pennsylvania
PUBLICDATA.COM: Henderson Files FDCPA Suit in Virginia
SAN DIEGO, CA: Petition for Habeas Corpus Filed in Alcantara Case
SANOFI US: Unit Still Defends Depakine(R) Related Suits
SERVICE CORP: Faces Taylor Class Suit Over Bait and Switch Scheme
SOUTH CAROLINA: Bid for Writ of Habeas Corpus Filed in Voltz-Loomis
SPARK ENERGY: Gillis Class Suit Resolved in Favor of Respond Power
SPARK ENERGY: Richardson Case Settlement Wins Initial Okay
SPARK ENERGY: Settlement in Albrecht Wins Final Court Approval
SUGAR FACTORY: Boyd Suit Seeks Unpaid Minimum Wages Under FLSA
SUNSHINE LIFE: Stein Sues Over Unsolicited Text Messages
TANDEM DIABETES: Fails to Protect Patient Data, Henrichsen Claims
TOWN SPORTS : Danforth Files Suit in New York
TOYOTA MOTOR: Faces Gendron et al. Suit Over Fuel Pump Defect
TRIUMPH MERCHANT: Bid to Enforce Subpoena Filed in Abante Case
TRUE WORLD FOODS: Gil BIPA Class Suit Removed to N.D. Illinois
UNITED PARCEL: Watson Labor Suit Removed to C.D. California
UNIVERSITY OF PITTSBURGH MEDICAL: Appeals Ruling in Dittman Suit
VINTAGE CAPITAL: Faces Parker Suit in Delaware Chancery Court
WANDERERS CLUB: Coppola et al. Seek OT Pay for Sports Club Staff
WASTE MANAGEMENT: Bleachtech LLC Files Suit in Virginia
WELBILT INC: MTA Appeals M.D. Fla. Ruling to Eleventh Circuit
WELLS FARGO: Misrepresents PPP Loan Services, BSJA Suit Alleges
WYNDHAM VACATION: Ramirez Labor Suit Removed to C.D. California
*********
ABC PHONES: Panduro FLSA Class Suit Removed to C.D. California
--------------------------------------------------------------
The class action lawsuit captioned as LUIS PANDURO, individually
and on behalf of all other persons similarly situated v. ABC PHONES
OF NORTH CAROLINA, INC. dba VICTRA a North Carolina Corporation;
VERIZON, an unknown entity; and DOES 1 to 100, inclusive, Case No.
30-2020-01136373-OE-CXC (Filed March 4, 2020), was removed from the
Superior Court in the State of California, County of Orange, to the
U.S. District Court for the Central District of California on April
15, 2020.
The Central District of California Court Clerk assigned Case No.
8:20-cv-00742 to the proceeding.
In his complaint, the Plaintiff alleges claims for failure to pay
wages; failure to pay overtime; and failure to provide meal periods
and rest periods under the Fair Labor Standards Act.
ABC Phones was founded in 1996. The Company's line of business
includes providing two-way radiotelephone communication services
such as cellular telephone services.[BN]
ABC Phones is represented by:
Robert L. Shipley, Esq.
Brandon S. Gray, Esq.
ROBERT L. SHIPLEY, APLC
2784 Gateway Road, Suite 104
Carlsbad, CA 92009
Telephone: 760 438 5199
E-mail: rshipley@shipleylaw.com
bgray@shipleylaw.com
ADAMS HOMES: Devivo FLSA Suit Moved to Middle District of Florida
-----------------------------------------------------------------
The class action lawsuit captioned as HOPE DEVIVO, on behalf of
herself And all other similarly situated v. ADAMS HOMES OF
NORTHWEST FLORIDA, INC. and BRYAN ADAMS, Case No. (Filed March 17,
2020), was removed from the Florida Circuit Court, in and for Pasco
County, to the U.S. District Court for the Middle District of
Florida (Tampa) on April 15, 2020.
The Middle District of Florida Court Clerk assigned Case No.
8:20-cv-00872-MSS-AAS to the proceeding.
The Plaintiff's complaint alleges violations of the Fair Labor
Standards Act and the Florida Minimum Wage Act.
Adams Homes provides construction services. The Company designs and
builds single-family homes and young families looking to move to
larger homes.[BN]
The Plaintiff is represented by:
William Sheslow, Esq.
Thomas J. Jerla, Esq.
WHITTEL & MELTON, LLC
11020 Northcliffe Blvd.
Spring Hill, FL 34608
E-mail: will@thefllawfirm.com
tjerla@thefllawfirm.com
jwalsh@thefllawfirm.com
thefllawfirm.com
The Defendants are represented by:
Andrew Froman, Esq.
Brett P. Owens, Esq.
FISHER & PHILLIPS, LLP
101 E. Kennedy Blvd., Suite 2350
Tampa, FL 33602
Telephone: (813) 769-7500
Facsimile: (813) 769-7501
E-mail: afroman@fisherphillips.com
bowens@fisherphillips.com
AGRI STATS: Sandee's Alleges Price-Fixing of Turkey Meat
--------------------------------------------------------
SANDEE'S CATERING, individually and on behalf of all others
similarly situated, Plaintiff v. AGRI STATS, INC.; BUTTERBALL LLC;
CARGILL, INC.; CARGILL MEAT SOLUTIONS CORPORATION; COOPER FARMS,
INC.; FARBEST FOODS, INC.; FOSTER FARMS, LLC; FOSTER POULTRY FARMS;
THE HILLSHIRE BRANDS COMPANY; HORMEL FOODS CORPORATION; HORMEL
FOODS, LLC; HOUSE OF RAEFORD FARMS, INC.; KRAFT HEINZ FOODS
COMPANY; KRAFT FOODS GROUP BRANDS LLC; PERDUE FARMS, INC.; PERDUE
FOODS LLC; TYSON FOODS, INC.; TYSON FRESH MEATS, INC.; and TYSON
PREPARED FOODS, INC., Defendants, Case No. 1:20-cv-02295 (N.D.
Ill., April 13, 2020) is a class action against the Defendants
pursuant to various federal and state antitrust laws and state
unfair competition laws and unjust enrichment laws.
The Plaintiff seeks to represent all commercial and institutional
indirect purchasers of turkey that purchased turkey other than
directly from a defendant or co-conspirator in the U.S. beginning
at least as early as January 1, 2010 through January 1, 2017. The
Plaintiff alleges that an exchange sensitive information agreement
entered by Defendant Agri Stats with turkey integrator defendants
regarding the production and sales of turkey from at least 2010 to
January 1, 2017 caused anticompetitive effects because it allowed
integrator defendants to easily identify potential opportunities
where their prices for turkey products were significantly lower
than their competitors. The Plaintiff also claims that abnormal
pricing during the Class Period demonstrates the anticompetitive
effects of the exchange of turkey information conducted through the
Agri Stats sales reports. The Plaintiff and Class members paid
artificially inflated prices for turkey purchased as a result of
the Defendants' wrongful conduct.
Agri Stats, Inc. is a Fort Wayne, Indiana-based company that
provides secretive information exchange services to companies in a
variety of agricultural sectors, including pork, chicken, and
turkey.
Butterball LLC is a producer of meat and food products
headquartered in Garner, North Carolina.
Cargill, Inc. is an agricultural products provider based in
Minnetonka, Minnesota.
Cargill Meat Solutions Corporation is a division of Cargill, Inc.
that comprises the company's North American beef, turkey, food
service and food distribution businesses, with principal place of
business located in Wichita, Kansas.
Cooper Farms, Inc. is a company based in Ohio that raises,
produces, processes, and sells turkey and turkey products.
Farbest Foods, Inc. is a Huntingburg, Indiana-based company that
engaged in the production of meat and food products, and the
marketing of these products.
Foster Farms, LLC is a Modesto, California-based company that
markets and distributes poultry products.
Foster Poultry Farms is a Livingston, California-based distributor
of poultry products.
The Hillshire Brands Company is a wholly-owned subsidiary of Tyson
Foods, with principal place of business in Chicago, Illinois.
Hormel Foods Corporation is an American food company based in
Austin, Minnesota.
Hormel Foods, LLC is a food and meat products manufacturer
headquartered in Austin, Minnesota.
House of Raeford Farms, Inc. is a North Carolina-based provider of
poultry products for foodservice, retail, and export markets.
Kraft Heinz Foods Company is a producer and marketer of meat and
food products headquartered in Pittsburgh, Pennsylvania, and
Chicago, Illinois.
Kraft Foods Group Brands LLC is an Illinois corporation engaged in
the production and marketing of meat and food products.
Perdue Farms, Inc. is a chicken, turkey, and pork processing
company based in Salisbury, Maryland.
Perdue Foods LLC is a subsidiary of Perdue Farms, Inc.
headquartered in Salisbury, Maryland.
Tyson Foods, Inc. is a food manufacturing company headquartered in
Springdale, Arkansas.
Tyson Fresh Meats, Inc. is a processor and marketer of chicken,
beef, and pork products based in Springdale, Arkansas.
Tyson Prepared Foods, Inc. is a meat processing company that
operates as a subsidiary of Tyson Foods, Inc. [BN]
The Plaintiff is represented by:
Robert A. Clifford, Esq.
Shannon M. McNulty, Esq.
CLIFFORD LAW OFFICES PC
120 N. LaSalle Street, Suite 3100
Chicago, IL 60602
Telephone: (312) 899-9090
E-mail: rac@cliffordlaw.com
smm@cliffordlaw.com
- and -
Jonathan W. Cuneo, Esq.
Joel Davidow, Esq.
Daniel Cohen, Esq.
Blaine Finley, Esq.
CUNEO GILBERT & LADUCA LLP
4725 Wisconsin Ave., NW, Suite 200
Washington, DC 20016
Telephone: (202) 789-3960
E-mail: jonc@cuneolaw.com
joel@cuneolaw.com
danielc@cuneolaw.com
bfinley@cuneolaw.com
ALL-CLAD METALCRAFTERS: Mears Sues Over Defective Cookware
----------------------------------------------------------
JUSTIN MEARS, individually and on behalf of all others similarly
situated, Plaintiff v. ALL-CLAD METALCRAFTERS, LLC and GROUPE SEB
USA, INC., Defendants, Case No. 3:20-cv-02662-SK (N.D. Cal., April
16, 2020) is a class action against the Defendants for violations
of the California False Advertising Law, the California Legal
Remedies Act, the California Unfair Competition Law, Breach of
Express Warranty, Breach of Implied Warranty, Unjust Enrichment,
Negligence and Strict Liability.
According to the complaint, the Defendants engage in false and
deceptive advertising of All-Clad's Stainless Steel Cookware
Collection because the product has design defect, which opposed the
Defendants' representation that the stainless-steel cookware is
completely dishwasher-safe to make clean-up easier for consumers.
The Plaintiff claims that during the approved dishwasher cleaning,
the second layer of aluminum deteriorates away from the already
razor thin stainless steel top layer, leaving the top layer
protruding from the cookware and creating a condition too sharp for
human contact, and unsuitable for its intended use. The Plaintiff
and Class members would not have purchased the product had they
known about the defect. As a result of the Defendants' failure to
disclose the known defect or provide the customer with a
non-defective, dishwasher safe replacement product, the Plaintiff
and Class members suffered economic losses and damages.
All-Clad Metalcrafters, LLC is a Canonsburg, Pennsylvania-based
cookware company that designs, manufactures and sells a variety of
metal crafted products, including kitchen appliances, bakeware,
kitchen tools, and cookware.
Groupe SEB USA, Inc. is a designer, manufacturer, and seller of
cookware products, with its principal place of business located in
Millville, New Jersey. [BN]
The Plaintiff is represented by:
Alex R. Straus, Esq.
GREG COLEMAN LAW PC
16748 McCormick Street
Los Angeles, CA 91436
Telephone: (917) 471-1894
E-mail: alex@gregcolemanlaw.com
- and -
Daniel K. Bryson, Esq.
Martha Geer, Esq.
Harper T. Segui, Esq.
WHITFIELD BRYSON LLP
900 W. Morgan Street
Raleigh, NC 27603
Telephone: (919) 600-5000
E-mail: dan@whitfieldbryson.com
martha@whitfieldbryson.com
harper@whitfieldbryson.com
- and -
Rachel Soffin, Esq.
Lisa A. White, Esq.
GREG COLEMAN LAW PC
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: (865) 247-0080
Facsimile: (865) 522-0049
E-mail: rachel@gregcolemanlaw.com
lisa@gregcolemanlaw.com
- and -
C. Douglas Maynard Jr., Esq.
MAYNARD & HARRIS ATTORNEYS AT LAW PLLC
514 S. Stratford Road, Suite 321
Winston-Salem, NC 27103
Telephone: (336) 777-1411
Facsimile: (336) 777-8882
E-mail: dmaynard@maynardharris.com
ALPHABET INC: ERSRI Appeals N.D. Cal. Ruling in Securities Suit
---------------------------------------------------------------
Lead Plaintiffs Employees' Retirement System of Rhode Island, et
al., filed an appeal from a court ruling issued in the lawsuit
styled In re: ALPHABET, INC. SECURITIES LITIGATION, Case No.
4:18-cv-06245-JSW, in the U.S. District Court for Northern
California, Oakland.
As previously reported in the Class Action Reporter, the lawsuit
seeks to recover compensable damages caused by the Defendants'
violations of the federal securities laws and to pursue remedies
under Sections 10(b) and 20(a) of the Securities Exchange Act.
The lawsuit alleges that the Defendants made false and/or
misleading statements and/or failed to disclose that: (1) the
Company's security measures had failed recently and massively, as
Google had exposed the private data of hundreds of thousands of
users of Google+ to third parties; (2) damage to the Company's
reputation and operating results and loss of customers from this
failure of the Company's security measures were imminent and
inevitable; (3) the Company's security protections did not shield
personal user data against theft and security breaches; and (4) the
Company's security measures had been breached due to employee
error, malfeasance, system errors or vulnerabilities.
The appellate case is captioned as STATE OF RHODE ISLAND, Office of
the Rhode Island Treasurer on behalf of the Employees' Retirement
System of Rhode Island; Lead Plaintiff, Individually and On Behalf
of All Others Similarly Situated, Plaintiff-Appellant v. ALPHABET,
INC.; LAWRENCE E. PAGE; SUNDAR PICHAI; RUTH M. PORAT; GOOGLE LLC;
KEITH P. ENRIGHT; JOHN KENT WALKER, Jr., Defendants-Appellees, Case
No. 20-15638, in the United States Court of Appeals for the Ninth
Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- May 11, 2020 -- Transcript shall be ordered;
-- June 8, 2020 -- Transcript shall be filed by court
reporter;
-- July 20, 2020 -- Appellant's opening brief and excerpts of
record shall be served and filed pursuant to FRAP 31 and
9th Cir. R. 31-2.1;
-- August 20, 2020 -- Appellee's answering brief and excerpts
of record shall be served and filed pursuant to FRAP 31 and
9th Cir. R. 31-2.1; and
-- The optional appellant's reply brief shall be filed and
served within 21 days of service of the appellee's brief,
pursuant to FRAP 31 and 9th Cir. R. 31-2.1.[BN]
ALTRIA GROUP: Faces Deadwyler Suit Over Anticompetitive Trade Acts
------------------------------------------------------------------
The case BENJAMIN DEADWYLER, Individual and Representative
Plaintiff, v. ALTRIA GROUP, INC., and JUUL LABS, INC., Defendants,
Case No. 3:20-cv-02729 (N.D. Cal., April 20, 2020) is an antitrust
class action against Defendants Altria Group, Inc. and Juul Labs,
Inc., concerning anticompetitive agreements between them in which
Altria agreed to refrain from competing against Juul in the United
States market for closed-system electronic cigarettes in return for
a substantial ownership interest in Juul. By these agreements,
Altria and Juul agreed to divide and allocate the market for
e-cigarettes.
According to the complaint, the agreements between Altria and Juul
whereby Altria and Juul agreed to allocate the market for
e-cigarettes were anticompetitive. Defendants' conduct has
illegally restrained competition in the relevant market in
violation of the Sherman and Clayton Acts. As a direct and
proximate result of Defendants' anticompetitive conduct, prices for
e-cigarettes were raised, fixed and stabilized at supracompetitive
levels. Altria's investment in Juul and its exit from the market
eliminated its existing e-cigarette product and halted its ongoing
innovation efforts toward developing new and improved products.
Thus, consumers lost the benefit of current and future head-to-head
competition between Altria and Juul, and between Altria and other
competitors.
The Plaintiff purchased Juul products directly from Juul during the
relevant period. Plaintiff was injured in connection with his
purchases during the Class Period as a result of Defendants'
anticompetitive and unlawful agreements alleged herein.
Altria Group Inc. is one of the largest tobacco companies and was,
prior to the anticompetitive agreements alleged, a manufacturer of
closed-system e-cigarettes in the U.S.
Juul Labs, Inc. is the leading manufacturer of closed-system
e-cigarettes, generating over $1 billion in sales in 2018.[BN]
The Plaintiff is represented by:
Joseph R. Saveri, Esq.
Steven N. Williams, Esq.
Kyle P. Quackenbush, Esq.
Anupama K. Reddy, Esq.
JOSEPH SAVERI LAW FIRM, INC.
601 California Street, Suite 1000
San Francisco, CA 94108
Telephone: (415) 500-6800
Facsimile: (415) 395-9940
- and –
John D. Radice, Esq.
Daniel Rubenstein, Esq.
A. Luke Smith, Esq.
RADICE LAW FIRM, P.C.
475 Wall Street
Princeton, NJ 08540
Telephone: (646) 245-8502
Facsimile: (609) 385-0745
AMERICAN AIRLINES: Ward Seeks Refund for Cancelled Flight
---------------------------------------------------------
LEE WARD, individually and on behalf of all others similarly
situated, Plaintiff v. AMERICAN AIRLINES, INC., Defendant, Case No.
4:20-cv-00371-Y (N.D. Tex., April 22, 2020) is a class action
against the Defendant for violations of State Consumer Protection
Acts, breach of contracts, fraudulent misrepresentation,
conversion, and unjust enrichment.
The Plaintiff, on behalf of himself and all others
similarly-situated who purchased tickets for travel on American
Airlines flights scheduled to operate to, from, or within the
United States from March 1, 2020 to the present and who were not
issued a refund for a cancelled flight, alleges that the Defendant
is engaged in unfair and deceptive business practice for its
refusal to provide monetary refunds to the Plaintiff and Class
members for tickets on cancelled flights and offered rebooked
flight or travel voucher instead. The Plaintiff claims that the
Defendant's acts and practices were unfair and created a likelihood
of confusion or misunderstanding and misled, deceived, or damaged
its passengers, including the Plaintiff and Class members, in
connection with the sale and refunds of airline tickets.
American Airlines, Inc. is an airline company with a principal
place of business at 1 Skyview Drive, Fort Worth, Texas. [BN]
The Plaintiff is represented by:
Allen R. Vaught, Esq.
VAUGHT FIRM LLC
1910 Pacific Ave., Suite 9150
Dallas, TX 75201
Telephone: (214) 675-8603
Facsimile: (214) 261-5159
E-mail: allen@vaughtfirm.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 -
Daniel J. Kurowski, Esq.
Whitney K. Siehl, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
455 N. Cityfront Plaza Dr., Suite 2410
Chicago, IL 60611
Telephone: (708) 628-4949
Facsimile: (708) 628-4950
E-mail: dank@hbsslaw.com
whitneys@hbsslaw.com
- and -
E.Adam Webb, Esq.
G.Franklin Lemond, Jr., Esq.
WEBB, KLASE & LEMOND LLC
1900 The Exchange, S.E., Suite 480
Atlanta, GA 30339
Telephone: (770) 444-9325
Facsimile: (770) 217-9950
E-mail: Adam@WebbLLC.com
Franklin@WebbLLC.com
APACHE CORP: Underpays HSE Advisors, Ellis Claims
-------------------------------------------------
PHILLIP ELLIS, individually and on behalf of all others similarly
situated, Plaintiff v. APACHE CORPORATION, Defendant, Case No.
4:20-cv-00026 (W.D. Tex., April 10, 2020) is a collective action
complaint brought against Defendant for its alleged willful
violation of the Fair Labor Standards Act.
Plaintiff was employed by Defendant as an HSE Advisor from
September 2018 to January 2019 and performed duties for Defendant
that were integral to its operations such as identifying safety
issues on Defendant's worksites.
According to the complaint, Plaintiff and other similarly situated
HSE Advisors were paid by Defendant a day rate regardless of the
number of hours they worked in a week, even when they worked more
than 40 hours. Allegedly, Defendant failed to pay Plaintiff and the
Class Members overtime at one-and-one-half times their regular
rates.
Apache Corporation is a multi-billion-dollar oil and gas company
with operations in different countries around the world and in
multiple states in Texas. [BN]
The Plaintiff is represented by:
Richard J. (Rex) Burch, Esq.
David I. Moulton, Esq.
BRUCKNER BURCH PLLC
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Tel: (713)877-8788
Fax: (713)877-8065
Emails: rburch@brucknerburch.com
dmoulton@brucknerburch.com
ARKANSAS: Frazier Files Suit v. Dept. of Corrections
----------------------------------------------------
A class action lawsuit has been filed against the Arkansas
Department of Corrections. The case is styled as Nicholas Frazier,
individually and on behalf of all others similarly situated,
Plaintiff v. Wendy Kelley, Secretary of Arkansas Department of
Corrections, in his official capacity, Dexter Payne, Division of
Correction Director, Arkansas Department of Corrections, in his
official capacity, Jerry Bradshaw, Division of Community Correction
Director, Arkansas Department of Corrections, in his official
capacity, Asa Hutchinson, Governor of Arkansas, in his official
capacity, Benny Magness, Chairman of Arkansas Board of Corrections,
in his official capacity, Bobby Glover, Vice Chairman of Arkansas
Board of Corrections, in his official capacity, Buddy Chadick,
Secretary of Arkansas Board of Corrections, in his official
capacity, Tyronne Broomfield, Member of Arkansas Board of
Corrections, in his official capacity, John Felts, Member of
Arkansas Board of Corrections, in his official capacity, William
Byers "Dubs," Member of Arkansas Board of Corrections, in his
official capacity and Whitney Gass Member of Arkansas Board of
Corrections, in her official capacity, Defendants, Case No.
4:20-cv-00434-KGB-JJV (E.D. Ark., April 21, 2020).
The docket of the case states the nature of suit as Prison
Condition: Civil Rights filed over Prisoner Civil Rights.
The Defendants are government representatives.
Jenay Nurse, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Ajmel Quereshi, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Christopher Kemmitt, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Cristy L. Park, Esq.
Disability Rights Arkansas Inc.
400 West Capitol Avenue, Suite 1200
Little Rock, AR 72201
Tel: (501) 296-1775
Email: cpark@disabilityrightsar.org
- and -
George Kendall, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Jin Hee Lee, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Laura Fernandez, Esq.
127 Wall Street
New Haven, CT 06511
Tel: (203) 432-1779
- and -
Natasha C. Merle, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
Fax: (212) 226-7592
Email: nmerle@naacpldf.org
- and -
Omavi Shukur, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (646) 831-1774
Email: oshukur@naacpldf.org
- and -
Samuel Spital, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Sarah Everett, Esq.
Arkansas Civil Liberties Union Foundation, Inc.
904 West Second Street, Suite 1
Little Rock, AR 72201
Tel: (501) 374-2600
ARKANSAS: Hampton Files Civil Rights Suit v. Dept. of Corrections
-----------------------------------------------------------------
A class action lawsuit has been filed against the Arkansas
Department of Corrections. The case is styled as Alvin Hampton,
individually and on behalf of all others similarly situated,
Plaintiff v. Wendy Kelley, Secretary of Arkansas Department of
Corrections, in his official capacity, Dexter Payne, Division of
Correction Director, Arkansas Department of Corrections, in his
official capacity, Jerry Bradshaw, Division of Community Correction
Director, Arkansas Department of Corrections, in his official
capacity, Asa Hutchinson, Governor of Arkansas, in his official
capacity, Benny Magness, Chairman of Arkansas Board of Corrections,
in his official capacity, Bobby Glover, Vice Chairman of Arkansas
Board of Corrections, in his official capacity, Buddy Chadick,
Secretary of Arkansas Board of Corrections, in his official
capacity, Tyronne Broomfield, Member of Arkansas Board of
Corrections, in his official capacity, John Felts, Member of
Arkansas Board of Corrections, in his official capacity, William
Byers "Dubs," Member of Arkansas Board of Corrections, in his
official capacity and Whitney Gass Member of Arkansas Board of
Corrections, in her official capacity, Defendants, Case No.
4:20-cv-00435-KGB-JJV (E.D. Ark., April 21, 2020).
The docket of the case states the nature of suit as Prison
Condition: Civil Rights asserting Prisoner Civil Rights.
The Defendants are government representatives.
Jenay Nurse, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Ajmel Quereshi, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Christopher Kemmitt, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Cristy L. Park, Esq.
Disability Rights Arkansas Inc.
400 West Capitol Avenue, Suite 1200
Little Rock, AR 72201
Tel: (501) 296-1775
Email: cpark@disabilityrightsar.org
- and -
George Kendall, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Jin Hee Lee, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Laura Fernandez, Esq.
127 Wall Street
New Haven, CT 06511
Tel: (203) 432-1779
- and –
Natasha C. Merle, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
Fax: (212) 226-7592
Email: nmerle@naacpldf.org
- and -
Omavi Shukur, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (646) 831-1774
Email: oshukur@naacpldf.org
- and -
Samuel Spital, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Sarah Everett, Esq.
Arkansas Civil Liberties Union Foundation, Inc.
904 West Second Street, Suite 1
Little Rock, AR 72201
Tel: (501) 374-2600
ARKANSAS: John Doe Files Suit v. Dept. of Corrections
-----------------------------------------------------
A class action lawsuit has been filed against the Arkansas
Department of Corrections. The case is styled as John Doe,
individually and on behalf of all others similarly situated,
Plaintiff v. Wendy Kelley, Secretary of Arkansas Department of
Corrections, in his official capacity, Dexter Payne, Division of
Correction Director, Arkansas Department of Corrections, in his
official capacity, Jerry Bradshaw, Division of Community Correction
Director, Arkansas Department of Corrections, in his official
capacity, Asa Hutchinson, Governor of Arkansas, in his official
capacity, Benny Magness, Chairman of Arkansas Board of Corrections,
in his official capacity, Bobby Glover, Vice Chairman of Arkansas
Board of Corrections, in his official capacity, Buddy Chadick,
Secretary of Arkansas Board of Corrections, in his official
capacity, Tyronne Broomfield, Member of Arkansas Board of
Corrections, in his official capacity, John Felts, Member of
Arkansas Board of Corrections, in his official capacity, William
Byers "Dubs," Member of Arkansas Board of Corrections, in his
official capacity and Whitney Gass Member of Arkansas Board of
Corrections, in her official capacity, Defendants, Case No.
4:20-cv-00444-KGB-JJV (E.D., Ark., April 21, 2020).
The docket of the case states the nature of suit as Prison
Condition: Civil Rights asserting Prisoner Civil Rights.
The Defendants are government representatives.
Jenay Nurse, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Ajmel Quereshi, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Christopher Kemmitt, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Cristy L. Park, Esq.
Disability Rights Arkansas Inc.
400 West Capitol Avenue, Suite 1200
Little Rock, AR 72201
Tel: (501) 296-1775
Email: cpark@disabilityrightsar.org
- and -
George Kendall, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Jin Hee Lee, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Laura Fernandez, Esq.
127 Wall Street
New Haven, CT 06511
Tel: (203) 432-1779
- and -
Natasha C. Merle, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
Fax: (212) 226-7592
Email: nmerle@naacpldf.org
- and -
Omavi Shukur, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (646) 831-1774
Email: oshukur@naacpldf.org
- and -
Samuel Spital, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Sarah Everett, Esq.
Arkansas Civil Liberties Union Foundation, Inc.
904 West Second Street, Suite 1
Little Rock, AR 72201
Tel: (501) 374-2600
ARKANSAS: Kent Files Suit v. Dept. of Corrections
-------------------------------------------------
A class action lawsuit has been filed against the Arkansas
Department of Corrections. The case is styled as Marvin Kent,
individually and on behalf of all others similarly situated,
Plaintiff v. Wendy Kelley, Secretary of Arkansas Department of
Corrections, in his official capacity, Dexter Payne, Division of
Correction Director, Arkansas Department of Corrections, in his
official capacity, Jerry Bradshaw, Division of Community Correction
Director, Arkansas Department of Corrections, in his official
capacity, Asa Hutchinson, Governor of Arkansas, in his official
capacity, Benny Magness, Chairman of Arkansas Board of Corrections,
in his official capacity, Bobby Glover, Vice Chairman of Arkansas
Board of Corrections, in his official capacity, Buddy Chadick,
Secretary of Arkansas Board of Corrections, in his official
capacity, Tyronne Broomfield, Member of Arkansas Board of
Corrections, in his official capacity, John Felts, Member of
Arkansas Board of Corrections, in his official capacity, William
Byers "Dubs," Member of Arkansas Board of Corrections, in his
official capacity and Whitney Gass Member of Arkansas Board of
Corrections, in her official capacity, Defendants, Case No.
4:20-cv-00436-KGB-JJV (E.D. Ark., April 21, 2020).
The docket of the case states the nature of suit as Prison
Condition: Civil Rights filed over Prisoner Civil Rights.
The Defendants are government representatives.
Jenay Nurse, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Ajmel Quereshi, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Christopher Kemmitt, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Cristy L. Park, Esq.
Disability Rights Arkansas Inc.
400 West Capitol Avenue, Suite 1200
Little Rock, AR 72201
Tel: (501) 296-1775
Email: cpark@disabilityrightsar.org
- and -
George Kendall, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Jin Hee Lee, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Laura Fernandez, Esq.
127 Wall Street
New Haven, CT 06511
Tel: (203) 432-1779
- and -
Natasha C. Merle, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
Fax: (212) 226-7592
Email: nmerle@naacpldf.org
- and -
Omavi Shukur, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (646) 831-1774
Email: oshukur@naacpldf.org
- and -
Samuel Spital, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Sarah Everett, Esq.
Arkansas Civil Liberties Union Foundation, Inc.
904 West Second Street, Suite 1
Little Rock, AR 72201
Tel: (501) 374-2600
ARKANSAS: Kouri Files Suit v. Dept. of Corrections
--------------------------------------------------
A class action lawsuit has been filed against the Arkansas
Department of Corrections. The case is styled as Michael Kouri,
individually and on behalf of all others similarly situated,
Plaintiff v. Wendy Kelley, Secretary of Arkansas Department of
Corrections, in his official capacity, Dexter Payne, Division of
Correction Director, Arkansas Department of Corrections, in his
official capacity, Jerry Bradshaw, Division of Community Correction
Director, Arkansas Department of Corrections, in his official
capacity, Asa Hutchinson, Governor of Arkansas, in his official
capacity, Benny Magness, Chairman of Arkansas Board of Corrections,
in his official capacity, Bobby Glover, Vice Chairman of Arkansas
Board of Corrections, in his official capacity, Buddy Chadick,
Secretary of Arkansas Board of Corrections, in his official
capacity, Tyronne Broomfield, Member of Arkansas Board of
Corrections, in his official capacity, John Felts, Member of
Arkansas Board of Corrections, in his official capacity, William
Byers "Dubs," Member of Arkansas Board of Corrections, in his
official capacity and Whitney Gass Member of Arkansas Board of
Corrections, in her official capacity, Defendants, Case No.
4:20-cv-00437-KGB-JJV (E.D. Ark., April 21, 2020).
The docket of the case states the nature of suit as Prison
Condition: Civil Rights filed over Prisoner Civil Rights.
The Defendants are government representatives.
Jenay Nurse, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Ajmel Quereshi, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Christopher Kemmitt, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Cristy L. Park, Esq.
Disability Rights Arkansas Inc.
400 West Capitol Avenue, Suite 1200
Little Rock, AR 72201
Tel: (501) 296-1775
Email: cpark@disabilityrightsar.org
- and -
George Kendall, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Jin Hee Lee, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Laura Fernandez, Esq.
127 Wall Street
New Haven, CT 06511
Tel: (203) 432-1779
- and -
Natasha C. Merle, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
Fax: (212) 226-7592
Email: nmerle@naacpldf.org
- and -
Omavi Shukur, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (646) 831-1774
Email: oshukur@naacpldf.org
- and -
Samuel Spital, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Sarah Everett, Esq.
Arkansas Civil Liberties Union Foundation, Inc.
904 West Second Street, Suite 1
Little Rock, AR 72201
Tel: (501) 374-2600
ARKANSAS: Neeley Files Suit v. Dept. of Corrections
---------------------------------------------------
A class action lawsuit has been filed against the Arkansas
Department of Corrections. The case is styled as Jonathan Neeley,
individually and on behalf of all others similarly situated,
Plaintiff v. Wendy Kelley, Secretary of Arkansas Department of
Corrections, in his official capacity, Dexter Payne, Division of
Correction Director, Arkansas Department of Corrections, in his
official capacity, Jerry Bradshaw, Division of Community Correction
Director, Arkansas Department of Corrections, in his official
capacity, Asa Hutchinson, Governor of Arkansas, in his official
capacity, Benny Magness, Chairman of Arkansas Board of Corrections,
in his official capacity, Bobby Glover, Vice Chairman of Arkansas
Board of Corrections, in his official capacity, Buddy Chadick,
Secretary of Arkansas Board of Corrections, in his official
capacity, Tyronne Broomfield, Member of Arkansas Board of
Corrections, in his official capacity, John Felts, Member of
Arkansas Board of Corrections, in his official capacity, William
Byers "Dubs," Member of Arkansas Board of Corrections, in his
official capacity and Whitney Gass Member of Arkansas Board of
Corrections, in her official capacity, Defendants, Case No.
4:20-cv-00442-KGB-JJV (E.D. Ark., April 21, 2020).
The docket of the case states the nature of suit as Prison
Condition: Civil Rights filed over Prisoner Civil Rights.
The Defendants are government representatives.
Jenay Nurse, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Ajmel Quereshi, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Christopher Kemmitt, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Cristy L. Park, Esq.
Disability Rights Arkansas Inc.
400 West Capitol Avenue, Suite 1200
Little Rock, AR 72201
Tel: (501) 296-1775
Email: cpark@disabilityrightsar.org
- and -
George Kendall, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Jin Hee Lee, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Laura Fernandez, Esq.
127 Wall Street
New Haven, CT 06511
Tel: (203) 432-1779
- and -
Natasha C. Merle, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
Fax: (212) 226-7592
Email: nmerle@naacpldf.org
- and -
Omavi Shukur, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (646) 831-1774
Email: oshukur@naacpldf.org
- and -
Samuel Spital, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Sarah Everett, Esq.
Arkansas Civil Liberties Union Foundation, Inc.
904 West Second Street, Suite 1
Little Rock, AR 72201
Tel: (501) 374-2600
ARKANSAS: Scott Files Suit v. Dept. of Corrections
--------------------------------------------------
A class action lawsuit has been filed against the Arkansas
Department of Corrections. The case is styled as Harold Otwell
"Scott," individually and on behalf of all others similarly
situated, Plaintiff v. Wendy Kelley, Secretary of Arkansas
Department of Corrections, in his official capacity, Dexter Payne,
Division of Correction Director, Arkansas Department of
Corrections, in his official capacity, Jerry Bradshaw, Division of
Community Correction Director, Arkansas Department of Corrections,
in his official capacity, Asa Hutchinson, Governor of Arkansas, in
his official capacity, Benny Magness, Chairman of Arkansas Board of
Corrections, in his official capacity, Bobby Glover, Vice Chairman
of Arkansas Board of Corrections, in his official capacity, Buddy
Chadick, Secretary of Arkansas Board of Corrections, in his
official capacity, Tyronne Broomfield, Member of Arkansas Board of
Corrections, in his official capacity, John Felts, Member of
Arkansas Board of Corrections, in his official capacity, William
Byers "Dubs," Member of Arkansas Board of Corrections, in his
official capacity and Whitney Gass Member of Arkansas Board of
Corrections, in her official capacity, Defendants, Case No.
4:20-cv-00438-KGB-JJV (E.D. Ark., April 21, 2020).
The docket of the case states the nature of suit as Prison
Condition: Civil Rights filed over Prisoner Civil Rights.
The Defendants are government representatives.
Jenay Nurse, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Ajmel Quereshi, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Christopher Kemmitt, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Cristy L. Park, Esq.
Disability Rights Arkansas Inc.
400 West Capitol Avenue, Suite 1200
Little Rock, AR 72201
Tel: (501) 296-1775
Email: cpark@disabilityrightsar.org
- and -
George Kendall, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Jin Hee Lee, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Laura Fernandez, Esq.
127 Wall Street
New Haven, CT 06511
Tel: (203) 432-1779
- and -
Natasha C. Merle, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
Fax: (212) 226-7592
Email: nmerle@naacpldf.org
- and -
Omavi Shukur, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (646) 831-1774
Email: oshukur@naacpldf.org
- and -
Samuel Spital, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Sarah Everett, Esq.
Arkansas Civil Liberties Union Foundation, Inc.
904 West Second Street, Suite 1
Little Rock, AR 72201
Tel: (501) 374-2600
ARKANSAS: Serrato Files Suit v. Dept. of Corrections
----------------------------------------------------
A class action lawsuit has been filed against the Arkansas
Department of Corrections. The case is styled as Trinidad Serrato,
individually and on behalf of all others similarly situated,
Plaintiff v. Wendy Kelley, Secretary of Arkansas Department of
Corrections, in his official capacity, Dexter Payne, Division of
Correction Director, Arkansas Department of Corrections, in his
official capacity, Jerry Bradshaw, Division of Community Correction
Director, Arkansas Department of Corrections, in his official
capacity, Asa Hutchinson, Governor of Arkansas, in his official
capacity, Benny Magness, Chairman of Arkansas Board of Corrections,
in his official capacity, Bobby Glover, Vice Chairman of Arkansas
Board of Corrections, in his official capacity, Buddy Chadick,
Secretary of Arkansas Board of Corrections, in his official
capacity, Tyronne Broomfield, Member of Arkansas Board of
Corrections, in his official capacity, John Felts, Member of
Arkansas Board of Corrections, in his official capacity, William
Byers "Dubs," Member of Arkansas Board of Corrections, in his
official capacity and Whitney Gass Member of Arkansas Board of
Corrections, in her official capacity, Defendants, Case No.
4:20-cv-00439-KGB-JJV (E.D. Ark., April 21, 2020).
The docket of the case states the nature of suit as Prison
Condition: Civil Rights filed over Prisoner Civil Rights.
The Defendants are government representatives.
Jenay Nurse, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Ajmel Quereshi, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Christopher Kemmitt, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Cristy L. Park, Esq.
Disability Rights Arkansas Inc.
400 West Capitol Avenue, Suite 1200
Little Rock, AR 72201
Tel: (501) 296-1775
Email: cpark@disabilityrightsar.org
- and -
George Kendall, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Jin Hee Lee, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Laura Fernandez, Esq.
127 Wall Street
New Haven, CT 06511
Tel: (203) 432-1779
- and -
Natasha C. Merle, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
Fax: (212) 226-7592
Email: nmerle@naacpldf.org
- and -
Omavi Shukur, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (646) 831-1774
Email: oshukur@naacpldf.org
- and -
Samuel Spital, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Sarah Everett, Esq.
Arkansas Civil Liberties Union Foundation, Inc.
904 West Second Street, Suite 1
Little Rock, AR 72201
Tel: (501) 374-2600
ARKANSAS: Stiggers Files Suit v. Dept. of Corrections
-----------------------------------------------------
A class action lawsuit has been filed against the Arkansas
Department of Corrections. The case is styled as Robert Stiggers,
individually and on behalf of all others similarly situated,
Plaintiff v. Wendy Kelley, Secretary of Arkansas Department of
Corrections, in his official capacity, Dexter Payne, Division of
Correction Director, Arkansas Department of Corrections, in his
official capacity, Jerry Bradshaw, Division of Community Correction
Director, Arkansas Department of Corrections, in his official
capacity, Asa Hutchinson, Governor of Arkansas, in his official
capacity, Benny Magness, Chairman of Arkansas Board of Corrections,
in his official capacity, Bobby Glover, Vice Chairman of Arkansas
Board of Corrections, in his official capacity, Buddy Chadick,
Secretary of Arkansas Board of Corrections, in his official
capacity, Tyronne Broomfield, Member of Arkansas Board of
Corrections, in his official capacity, John Felts, Member of
Arkansas Board of Corrections, in his official capacity, William
Byers "Dubs," Member of Arkansas Board of Corrections, in his
official capacity and Whitney Gass Member of Arkansas Board of
Corrections, in her official capacity, Defendants, Case No.
4:20-cv-00440-KGB-JJV (E.D. Ark., April 21, 2020).
The docket of the case states the nature of suit as Prison
Condition: Civil Rights filed over Prisoner Civil Rights.
The Defendants are government representatives.
Jenay Nurse, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Ajmel Quereshi, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Christopher Kemmitt, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Cristy L. Park, Esq.
Disability Rights Arkansas Inc.
400 West Capitol Avenue, Suite 1200
Little Rock, AR 72201
Tel: (501) 296-1775
Email: cpark@disabilityrightsar.org
- and -
George Kendall, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Jin Hee Lee, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Laura Fernandez, Esq.
127 Wall Street
New Haven, CT 06511
Tel: (203) 432-1779
- and -
Natasha C. Merle, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
Fax: (212) 226-7592
Email: nmerle@naacpldf.org
- and -
Omavi Shukur, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (646) 831-1774
Email: oshukur@naacpldf.org
- and -
Samuel Spital, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Sarah Everett, Esq.
Arkansas Civil Liberties Union Foundation, Inc.
904 West Second Street, Suite 1
Little Rock, AR 72201
Tel: (501) 374-2600
ARKANSAS: Williams Files Suit Over Prison Conditions
----------------------------------------------------
A class action lawsuit has been filed against the Arkansas
Department of Corrections. The case is styled as Victor Williams,
individually and on behalf of all others similarly situated,
Plaintiff v. Wendy Kelley, Secretary of Arkansas Department of
Corrections, in his official capacity, Dexter Payne, Division of
Correction Director, Arkansas Department of Corrections, in his
official capacity, Jerry Bradshaw, Division of Community Correction
Director, Arkansas Department of Corrections, in his official
capacity, Asa Hutchinson, Governor of Arkansas, in his official
capacity, Benny Magness, Chairman of Arkansas Board of Corrections,
in his official capacity, Bobby Glover, Vice Chairman of Arkansas
Board of Corrections, in his official capacity, Buddy Chadick,
Secretary of Arkansas Board of Corrections, in his official
capacity, Tyronne Broomfield, Member of Arkansas Board of
Corrections, in his official capacity, John Felts, Member of
Arkansas Board of Corrections, in his official capacity, William
Byers "Dubs," Member of Arkansas Board of Corrections, in his
official capacity and Whitney Gass Member of Arkansas Board of
Corrections, in her official capacity, Defendants, Case No.
4:20-cv-00441-KGB-JJV (E.D. Ark., April 21, 2020).
The docket of the case states the nature of suit as Prison
Condition: Civil Rights filed over Prisoner Civil Rights.
The Defendants are government representatives.
The Plaintiffs are represented by:
Jenay Nurse, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Ajmel Quereshi, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Christopher Kemmitt, Esq.
NAACP Legal Defense and Educational Fund, Inc
700 14th Street NW, Suite 600
Washington, DC 20005
Tel: (202) 216-5573
- and -
Cristy L. Park, Esq.
Disability Rights Arkansas Inc.
400 West Capitol Avenue, Suite 1200
Little Rock, AR 72201
Tel: (501) 296-1775
Email: cpark@disabilityrightsar.org
- and -
George Kendall, Esq.
Squire Patton Boggs (US) LLP
1211 Avenue of the Americas
26th Floor
New York, NY 10036
Tel: (212) 872-9800
- and -
Jin Hee Lee, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Laura Fernandez, Esq.
127 Wall Street
New Haven, CT 06511
Tel: (203) 432-1779
- and -
Natasha C. Merle, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
Fax: (212) 226-7592
Email: nmerle@naacpldf.org
- and -
Omavi Shukur, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (646) 831-1774
Email: oshukur@naacpldf.org
- and -
Samuel Spital, Esq.
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
5th Floor
New York, NY 10006
Tel: (212) 965-2200
- and -
Sarah Everett, Esq.
Arkansas Civil Liberties Union Foundation, Inc.
904 West Second Street, Suite 1
Little Rock, AR 72201
Tel: (501) 374-2600
BARNES & NOBLE: Warman Alleges Price-Fixing of College Textbooks
----------------------------------------------------------------
AUSTIN WARMAN, individually and on behalf of all others similarly
situated, Plaintiff v. BARNES & NOBLE COLLEGE BOOKSELLERS, LLC;
BARNES & NOBLE EDUCATION, INC.; CENGAGE LEARNING, INC.; FOLLETT
HIGHER EDUCATION GROUP; MCGRAW HILL LLC; and PEARSON EDUCATION,
INC., Defendants, Case No. 3:20-cv-04875 (D.N.J., April 22, 2020)
is a class action against the Defendants for violations of Sections
1 and 2 of the Sherman Act and Sections 4 and 16 of the Clayton
Act.
The Plaintiff, individually and on behalf of all others
similarly-situated students, alleges that the Defendants, the
dominant publishers of college textbooks and dominant retail chains
operating on-campus college bookstores, entered into the "Inclusive
Access" conspiracy in order to monopolize the market for sales of
course materials in any courses and on any colleges in which the
Inclusive Access policy applies. The Plaintiff claims that the
Publisher Defendants and Retailer Defendants' actions in conspiring
to create the Inclusive Access system, requiring students to
purchase Inclusive Access from only their official on-campus
bookstores, and refusing to sell Inclusive Access materials to
other retailers, all in order to monopolize the market for
textbooks in Inclusive Access classes and thereby raise prices, are
actionable violations of the federal antitrust laws.
Barnes & Noble College Booksellers, LLC is a company based in
Basking Ridge, New Jersey, that operates Barnes & Noble's campus
bookstores nationwide and that sells Inclusive Access materials
through those bookstores.
Barnes & Noble Education, Inc. is a solutions provider for the
education industry based in Basking Ridge, New Jersey.
Cengage Learning, Inc. is a publisher of college textbooks and
course materials, including through Inclusive Access, based in
Boston, Massachusetts.
Follett Higher Education Group is a corporation based in
Westchester, Illinois that operates Follett's campus bookstores
nationwide and that sells Inclusive Access materials through those
bookstores.
McGraw Hill LLC is a publisher of college textbooks and course
materials, including through Inclusive Access, based in New York,
New York.
Pearson Education, Inc. is a publisher of college textbooks and
course materials, including through Inclusive Access, based in
Upper Saddle River, New Jersey. [BN]
The Plaintiff is represented by:
John Radice, Esq.
RADICE LAW FIRM PC
475 Wall Street
Princeton, NJ 08540
Telephone: (646) 245-8502
Facsimile: (609) 385-0745
E-mail: jradice@radicelawfirm.com
- and -
Tyler W. Hudson, Esq.
Austin P. Brane, Esq.
WAGSTAFF & CARTMELL LLP
4740 Grand Avenue, Suite 300
Kansas City, MO 64112
Telephone: (816) 701-1100
Facsimile: (816) 531-2372
E-mail: thudson@wcllp.com
abrane@wcllp.com
- and -
Brennan P. Fagan, Esq.
FAGAN EMERT & DAVIS, LLC
730 New Hampshire Street, Suite 210
Lawrence, KS 66044
Telephone: (785) 331-0300
Facsimile: (785) 331-0303
E-mail: bfagan@fed-firm.com
BICKFORD SENIOR: Smith Suit Moved to Central District of Illinois
-----------------------------------------------------------------
The class action lawsuit captioned as Erika Smith, individually and
on behalf of all others similarly situated v. Bickford Senior
Living Group, L.L.C., Case No. 20-L-00021, was removed from the
Illinois Circuit Court, Peoria County, to the U.S. District Court
for the Central District of Illinois (Peoria) on April 14, 2020.
The Central District of Illinois Court Clerk assigned Case No.
1:20-cv-01144-JBM-JEH to the proceeding. The case is assigned to
the Hon. Judge Joe Billy McDade.
Bickford manages and operates living and memory care centers. The
Company offers assisted living, companion care, day stay, and
senior care options services.[BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MASON LIETZ & KLINGER LLP
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (312) 283-3814
Facsimile: (773) 496-8617
E-mail: gklinger@masonllp.com
- and -
Patrick S. O'Shaughnessy, Esq.
JANSSEN LAW CENTER
333 Main St.
Peoria, IL 61602
Telephone: (309) 676-2341
Facsimile: (309) 676-7678
E-mail: oshaughnp@jjlaw.com
The Defendant is represented by:
Patricia J Martin, Esq.
Orly Michal Henry, Esq.
LITTLER MENDELSON, P.C.
600 Washington Ave., Suite 600
St. Louis, MO 63101
Telephone: (314) 659-2000
E-mail: pmartin@littler.com
ohenry@littler.com
BIO HAZARD INC: Faces Rodriguez Employment Suit in California
-------------------------------------------------------------
DYANA RODRIGUEZ, individually, and on behalf of aggrieved employees
v. BIO HAZARD, INC., a California corporation; and DOES 1 through
100, inclusive, Case No. 20STCV14616 (Cal. Super., Los Angeles
Cty., April 15, 2020), challenges the Defendants' systemic illegal
employment practices resulting in violations of the Private
Attorneys General Act, California Labor Code.
The Plaintiff alleges that the Defendants disregarded the rights of
all their employees by failing to pay all meal period wages and
rest break wages, to properly calculate and pay all minimum and
overtime wages, and to provide compliant wage statements.
Bio Hazard is doing business in the Marijuana packaging, dispensary
supply and smoking accessory industry.[BN]
The Plaintiff is represented by:
Douglas Han, Esq.
Shunt Tatavos-Gharajeh, Esq.
Daniel J. Park, Esq.
JUSTICE LAW CORPORATION
751 N. Fair Oaks Ave., Suite 101
Pasadena, CA 91103
Telephone: (818) 230-7502
Facsimile: (818) 230-7259
BRIGHTHOUSE LIFE: Continues to Defend Atkins Class Suit
-------------------------------------------------------
Brighthouse Life Insurance Company said in its Form 10-K report
filed with the U.S. Securities and Exchange Commission on March 5,
2020, for the fiscal year ended December 31, 2019, that the company
continues to defend a class action suit entitled, Leroy and
Geraldine Atkins v. Brighthouse Life Insurance Company, Brighthouse
Financial, Inc., et al. (U.S. District Court, District of Nevada,
filed November 18, 2019).
Plaintiffs have filed a purported class action lawsuit against
Brighthouse Life Insurance Company, Brighthouse Financial, Inc.,
MetLife, Inc. and Metropolitan Life Insurance Company relating to
the pension closeout business. Plaintiffs allege that annuity
benefits were due but have not been paid.
Plaintiffs also allege they were not able to obtain information as
to the group annuity contract and the benefit other than what was
on a benefit election form.
Plaintiffs seek to represent a class of all annuitants and their
designated beneficiaries who were due annuity payments pursuant to
group annuity contracts purchased from defendants by sponsors of
employer provided defined benefit plans.
Plaintiffs allege the defendants failed to timely contact, notify
and pay overdue annuity benefits and interest to retirees.
The complaint alleges breach of contract, breach of the implied
covenant of good faith and fair dealing (contract and tort), unjust
enrichment, conversion and breach of fiduciary duty.
The Company intends to vigorously defend the matter.
No further updates were provided in the Company's SEC report.
Brighthouse Life Insurance Company offers a range of individual
annuities and individual life insurance products. It is a
wholly-owned subsidiary of Brighthouse Holdings, LLC, which is a
direct wholly-owned subsidiary of Brighthouse Financial, Inc.
CHENIERE ENERGY: Underpays Pipeline Inspectors, Brister Claims
--------------------------------------------------------------
MATTHEW BRISTER, individually and on behalf of all others similarly
situated, Plaintiff v. CHENIERE ENERGY, INC. and MIDSHIP PIPELINE
CO., LLC, Defendants, Case No. 4:20-cv-01175 (S.D. Tex., April 1,
2020) is a collective action complaint brought against Defendants
for their alleged violation of the Fair Labor Standards Act.
Plaintiff was employed by Defendants as a pipeline inspector from
September 2019 to January 2020. Along with all the day rate
inspectors, Plaintiff is part of a permanent workforce employed to
perform all of Defendants' pipeline inspection work.
According to the complaint, Plaintiff and other similarly situated
pipeline inspectors were paid by Defendants a day rate with no
overtime premium regardless of the hours worked in excess of 40 in
a workweek.
Cheniere Energy, Inc. is a producer of liquefied natural gas in the
U.S.
Midship Pipeline Co., LLC, Cheniere's subsidiary, constructs
pipelines to connect new gas production from the Anadarko Basin to
the Gulf Coast and Southeastern U.S. [BN]
The Plaintiff is represented by:
Richard J. (Rex) Burch, Esq.
David I. Moulton, Esq.
BRUCKNER BURCH PLLC
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Tel: (713) 877-8788
Fax: (713) 877-8065
Emails: rburch@brucknerburch.com
dmoulton@brucknerburch.com
- and –
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Tel: 713-352-1100
Fax: 713-352-3300
Emails: mjosephson@mybackwages.com
adunlap@mybackwages.com
CITY WIDE TRANSPORTATION: Fails to Pay OT Wages, Parrilla Claims
----------------------------------------------------------------
HERIBERTO PARRILLA, an individual v. CITY WIDE TRANSPORTATION, an
entity of unknown form; ERIC BANUELOS, an individual; ORALIA
ESPERANZA BANUELOS, an individual; and DOES 1 through 30,
inclusive, Case No. 20NWCV00249 (Cal. Super., Los Angeles Cty.,
April 16, 2020), alleges that the Defendants violated the
California Labor Code by failing to pay overtime and minimum wages,
and to provide meal and rest periods to the Plaintiff and others
similarly situated.
The Defendants hired the Plaintiff on May 15, 2016, as a truck
driver. The Plaintiff's job duties included driving a truck and
picking up and delivering produce and fruit to distribution
centers, such as Ralphs, Albertsons, Smart & Final, and others.
The Plaintiff seeks economic, non-economic, compensatory, and
punitive damages, costs and reasonable attorney's fees.
City Wide is a transportation/trucking/railroad company based in
Calumet Park, Illinois.[BN]
The Plaintiff is represented by:
Gavril T. Gabriel, Esq.
THE LAW OFFICES OF GAVRIL T. GABRIEL
8255 Firestone Blvd., Suite 209
Downey, CA 90241
Telephone: (562) 758-8210
Facsimile: (562) 758-8219
E-mail: GGabriel@GTGLaw.org
COLUMBIA GAS TRANSMISSION: Moles Files Suit in West Virginia
------------------------------------------------------------
A class action lawsuit has been filed against Columbia Gas
Transmission, LLC. The case is styled as Gary Moles and Victoria G.
Moles, individually, and on behalf of all others similarly situated
in the State of West Virginia, Plaintiffs v. Columbia Gas
Transmission, LLC and Columbia Pipeline Group Services Company,
Defendants, Case No. 2:20-cv-00279 (S.D.W.V., April 21, 2020).
The docket of the case states the nature of suit as Torts to Land.
Columbia Gas Transmission, LLC is located in Columbus, OH, United
States and is part of the Natural Gas Pipelines Industry.[BN]
The Plaintiffs are represented by:
Christopher D. Pence, Esq.
James P. McHugh, Esq.
HARDY PENCE
P. O. Box 2548
Charleston, WV 25329-2548
Tel: (304) 345-7250
Fax: (304) 345-9941
Email: cpence@hardypence.com
jmchugh@hardypence.com
- and -
Robert D. Fisher, Esq.
ADAMS FISHER & CHAPPELL
P. O. Box 326
Ripley, WV 25271
Tel: (304) 372-6191
Email: adamsfisher@citynet.net
COMMUNITY HEALTH SYSTEMS: McKinney Suit Transferred to Oklahoma
---------------------------------------------------------------
The case captioned as Michael McKinney, on behalf of all others
similarly situated, Plaintiff v. Community Health Systems Inc,
Clinton HMA LLC, Durant HMA LLC, Marshall County HMA LLC, Midwest
Regional Medical Center LLC, Kay County Oklahoma Hospital Company
LLC, Seminole HMA LLC and Woodward Health System LLC, Defendants,
was transferred from the District Court in Kay County with the
assigned Case No. CJ-2019-231 to the U.S. District Court for the
Western District of Oklahoma on April 21, 2020, and assigned Case
No. 5:20-cv-00365-PRW.
The docket of the case states the nature of suit as Contract: Other
filed over Diversity-Breach of Contract.[BN]
Community Health Systems is the largest provider of general
hospital healthcare services in the United States in terms of
number of acute care facilities. CHS affiliates own, operate or
lease 102 hospitals in 18 states.[BN]
The Plaintiff is represented by:
C Paige Lee, Esq.
Paige Lee Attorney at Law PC
204 E Grand
Ponca City, OK 74601
Tel: (580) 762-5553
Fax: (580) 762-2271
Email: paige@paigeleelaw.com
The Defendants are represented by:
Andrew J Hofland, Esq.
Crowe & Dunlevy-TULSA
321 S Boston Ave, Suite 500
Tulsa, OK 74103-3313
Tel: (918) 592-9845
Fax: (918) 599-6320
Email: ahofland@gablelaw.com
- and -
John D Russell, Esq.
Gable & Gotwals-TULSA
100 W 5th St, Suite 1100
Tulsa, OK 74103-4217
Tel: (918) 595-4800
Fax: (918) 595-4990
Email: jrussell@gablelaw.com
- and -
Justin A Lollman, Esq.
Gable & Gotwals-TULSA
100 W 5th St, Suite 1100
Tulsa, OK 74103-4217
Tel: (918) 595-4800
Fax: (918) 595-4990
Email: jlollman@gablelaw.com
CONVERGENT OUTSOURCING: Bemshimon Files FDCPA Suit in New York
--------------------------------------------------------------
A class action lawsuit has been filed against Convergent
Outsourcing, Inc. The case is styled as Nati Bemshimon, on behalf
of himself and all other similarly situated consumers, Plaintiff v.
Convergent Outsourcing, Inc., Defendant, Case No.
1:20-cv-01879-EK-JO (E.D.N.Y., April 22, 2020).
The docket of the case states the nature of suit as Consumer Credit
filed pursuant to the Fair Debt Collection Practices Act.
Convergent Outsourcing Inc is a debt collection agency.[BN]
The Plaintiff is represented by:
Adam Jon Fishbein, Esq.
Adam J. Fishbein, P.C.
735 Central Avenue
Woodmere, NY 11598
Tel: (516) 668-6945
Email: fishbeinadamj@gmail.com
CREDIT MANAGEMENT: Gil Alleges Violation of FDCPA in New York
-------------------------------------------------------------
A class action lawsuit has been filed against Credit Management,
LP. The case is styled as Geovanny Gil, on behalf of himself and
all other similarly situated consumers, Plaintiff v. Credit
Management, LP, Defendant, Case No. 1:20-cv-01880 (E.D.N.Y., April
22, 2020).
The docket of the case states the nature of suit as Consumer Credit
filed pursuant to the Fair Debt Collection Practices Act.
Credit Management LP is a debt collection agency.[BN]
The Plaintiff is represented by:
Adam Jon Fishbein, Esq.
Adam J. Fishbein, P.C.
735 Central Avenue
Woodmere, NY 11598
Tel: (516) 668-6945
Email: fishbeinadamj@gmail.com
DELEK US ENERGY: Becker Seeks Unpaid OT Wages for Inspectors
------------------------------------------------------------
MICHAEL J. BECKER, individually and on behalf of all others
similarly situated, Plaintiff v. DELEK US ENERGY, INC., Defendant,
Case No. 3:20-cv-00285 (M.D. Tenn., April 1, 2020) is a collection
action lawsuit brought against Defendant for its alleged violation
of the Fair Labor Standards Act.
Plaintiff was employed by Defendant as an electrical inspector from
September 2018 until November 2018.
According to the complaint, Plaintiff and the other workers like
him worked regularly for Defendant in excess of 40 hours each week.
However, Defendant paid each of their workers a flat amount for
each day regardless of the number of hours that they worked in
excess of forty hours in a workweek, thereby failing to pay them
overtime compensation.
Delek US Energy, Inc. is a downstream energy company with
refineries and retail stores throughout the south and southwest
U.S. [BN]
The Plaintiff is represented by:
Charles P. Yezbak, Esq.
N. Chase Teeples, Esq.
YESBAK LAW OFFICES PLLC
2021 Richard Jones Road, Suite 310-A
Nashville, TN 37215
Tel: 615-250-2000
Email: yezbak@yezbacklaw.com
- and –
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Tel: 713-352-1100
Fax: 713-352-3300
Emails: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and –
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH, P.L.L.C.
8 Greenway Plaza, suite 1500
Houston, TX 77046
Tel: 713-877-8788
Fax: 713-877-8065
Email: rburch@brucknerburch.com
DEVA CONCEPTS: DevaCurl Hair Products Are Defective, Baldyga Says
-----------------------------------------------------------------
WENDY BALDYGA, on behalf of herself and all others similarly
situated v. DEVA CONCEPTS, LLC, d/b/a DevaCurl, Case No.
5:20-cv-02330-VKD (N.D. Cal., April 6, 2020), asserts claims
against the Defendant for breach of express warranty, unjust
enrichment, negligent failure to warn, and violation of the
California Legal Remedies Act, the California Unfair Competition
Law, and the California False Advertising Law in connection with
the Defendant's defective personal hair products.
The Products include DevaCurl No-Poo Original non-lathering
conditioning cleanser; DevaCurl One Condition Original Daily Cream
hair-conditioner; DevaCurl Light Defining Gel; and DevaCurl Low-Poo
Original cleanser.
The Plaintiff contends that the hair products have caused
consumers, including herself and Class Members, to suffer scalp
irritation, hair shedding, hair thinning and breakage, and
significant hair loss to the point of balding when using the
Products in accordance with the directions provided by the
Defendant. She adds that despite having actual or constructive
knowledge of the fact that its Products have injured consumers, the
Defendant has consistently and uniformly failed to provide any
warning to consumers regarding the severe side effects that can
result--and have resulted--from use of its Products. Instead, she
asserts, the Defendant continues to assert online and elsewhere
that its Products are purportedly gentle and beneficial to
curly-haired consumers.
The Defendant develops, formulates, manufactures, markets,
advertises, distributes and sells the Products to consumers
nationwide, including in the state of California.[BN]
The Plaintiff is represented by:
Alex R. Straus, Esq.
Rachel L. Soffin, Esq.
Jonathan B. Cohen, Esq.
GREG COLEMAN LAW PC
16748 McCormick Street
Los Angeles, CA 91436
Telephone: 917-471-1894
E-mail: alex@gregcolemanlaw.com
rachel@gregcolemanlaw.com
jonathan@gregcolemanlaw.com
- and -
Daniel K. Bryson, Esq.
Martha Geer, Esq.
Harper Todd Segui, Esq.
WHITFIELD BRYSON LLP
900 W. Morgan Street
Raleigh, NC 27603
Telephone: 919-600-5000
Facsimile: 919-600-5035
E-mail: dan@whitfieldbryson.com
martha@whitfieldbryson.com
harper@whitfieldbryson.com
FCA US: Flores et al. Sue Over Defective Automobile Sway Bar
------------------------------------------------------------
The case, JOSHUA FLORES, ALEXANDR KLIMUSHKIN, JASON HENDERSON, MARK
KROHN, and PATRICK GRAVENESE, individually and on behalf of all
others similarly-situated v. FCA US LLC, Defendant, Case No.
2:20-cv-10972-SFC-DRG (E.D. Mich., April 20, 2020), arises from the
Defendant's breach of express warranty, breach of implied warranty,
unjust enrichment and violations of the California's Consumer Legal
Remedies Act, the California's Unfair Competition Law, the New
Jersey Consumer Fraud Act, the Virginia Consumer Protection Act,
the Nevada Deceptive Trade Practices Act, and the Kentucky Consumer
Protection Act.
The Plaintiffs, individually and on behalf of all others
similarly-situated consumers who purchased the Defendant's
automobile models including 2007-2017 Jeep Wrangler Rubicon,
2007-2017 Jeep Wrangler Unlimited Rubicon, 2018-2020 Jeep Wrangler
Rubicon, 2018-2020 Jeep Wrangler Unlimited Rubicon, 2020 Jeep
Gladiator Rubicon, 2005-2010 Dodge Ram 2500 Power Wagon, and
2011-2020 Ram 2500 Power Wagon, allege that the vehicles'
electronic sway bar disconnect is defective. Specifically, the
electronic circuit board for the sway bar disconnect is in a
housing with seals that are prone to failure and is located in an
area that is likely to get wet or sprayed under ordinary or
expected conditions, such as driving over puddles or in the rain.
The Plaintiffs claim that the Defendant has known about this defect
for years but has taken no action to fix it.
FCA US LLC is a wholly-owned company by holding company Fiat
Chrysler Automobiles N.V., a Dutch corporation headquartered in
London, England. FCA is headquartered in Auburn Hills, Michigan.
[BN]
The Plaintiffs are represented by:
Frederick J. Klorczyk III, Esq.
BURSOR & FISHER PA
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: fklorczyk@bursor.com
- and -
Nick Suciu III, Esq.
BARBAT, MANSOUR, SUCIU & TOMINA PLLC
6905 Telegraph Rd., Suite 115
Bloomfield Hills, MI 48301
Telephone: (313) 303-3472
E-mail: nicksuciu@bmslawyer.com
FREEDOM MORTGAGE: Freedman Consumer Suit Moved to C.D. California
-----------------------------------------------------------------
The class action lawsuit captioned as DANIEL FREEDMAN and AMY
FREEDMAN v. FREEDOM MORTGAGE CORPORATION, Case No. 10CV01145 (Filed
Feb. 27, 2020), was removed from the Superior Court of California,
County of Santa Barbara, to the U.S. District Court for the Central
District of California on April 6, 2020.
The Central District of California Court Clerk assigned Case No.
2:20-cv-03193-SVW-MAA to the proceeding.
The complaint alleges that Freedom Mortgage reported to each of the
consumer credit reporting agencies that the Plaintiffs were 30 days
late on their monthly mortgage payments for the month of July 2018
and December 2018, and 60 days late for the month of January 2019.
The Plaintiffs further contend that while the payments were late,
they were not more than 30 or 60 days late, as reported. The
Plaintiffs assert violations of the Consumer Credit Reporting
Agencies Act and the California Unfair Competition Law.
Freedom Mortgage operates as a mortgage lender. The Company
provides purchase, re-financing, and lending services for buying
real estate.[BN]
The Defendant is represented by:
Raymond Y. Kim, Esq.
Zachary C. Frampton, Esq.
REED SMITH LLP
355 South Grand Avenue, Suite 2900
Los Angeles, CA 90071-1514
Telephone: +1 213 457 8000
Facsimile: +1 213 457 8080
E-mail: rkim@reedsmith.com
zframpton@reedsmith.com
GOODYEAR TIRE: Perez Sues Over Wrongful Dismissal
-------------------------------------------------
AMAURYS PEREZ, individually and on behalf of all others
similarly-situated, Plaintiff v. THE GOODYEAR TIRE & RUBBER COMPANY
d/b/a GOODYEAR COMMERCIAL TIRE & SERVICE CENTERS, Defendant, Case
No. CACE-20-006589 (Fla. 17th Cir., April 17, 2020) is a class
action against the Defendant for violation of the Fair Labor
Standards Act.
According to the complaint, the Defendant terminated the
Plaintiff's employment on or about March 24, 2020 after he asked
for the payment of his unpaid overtime wages and requested medical
treatment for his work-related injury. The Plaintiff claims that
his termination by the Defendant was its tactics to curtail his
right to apply for workers' compensation benefits and in
retaliation for complaining about unpaid overtime wages.
The Plaintiff was employed by the Defendant as an automotive
technician from on or about July 28, 2018 to March 24, 2020.
The Goodyear Tire & Rubber Company is a multinational tire
manufacturing company with its main business office located at 200
Innovation Way- #D616, Akron, Ohio. It is also doing business as
Goodyear Commercial Tire & Service Centers. [BN]
The Plaintiff is represented by:
R. Martin Saenz, Esq.
SAENZ & ANDERSON PLLC
20900 NE 30th Avenue, Ste. 800
Aventura, FL 33180
Telephone: (305) 503-5131
Facsimile: (888) 270-5549
E-mail: msaenz@saenzanderson.com
HOME DEPOT: Almanzar Sues Over Denied Reimbursements, Missed Breaks
-------------------------------------------------------------------
Jorge Almanzar, individually and on behalf of other persons
similarly situated, Plaintiff, v. Home Depot U.S.A., Inc.,
Defendant, Case No. 20-at-00343 (E.D. Cal. April 3, 2020), seeks
redress for failure to pay overtime and minimum wages, failure to
provide meal breaks and proper wage statements and failure to pay
earned wages upon discharge including waiting time penalties under
the Unfair Business Practices statures of the California Business
and Professions Code, California's Unfair Competition Law, the
California Labor Code and applicable Industrial Welfare Commission
Orders.
Almanzar works for Home Depot as a non-exempt, hourly-paid Night
Team Merchandising Execution Associate in its Los Angeles store
from June 2018 to present. He claims to have missed one or more
rest breaks, denied compensation for travel to multiple Home Depot
locations including vehicle mileage for using his personal vehicle
and cellphone airtime for business calls used for business matters.
[BN]
Plaintiff is represented by:
David R. Markham, Esq.
Lisa Brevard, Esq.
Maggie K. Realin, Esq.
THE MARKHAM LAW FIRM
750 B Street, Suite 1950
San Diego, CA 92101
Tel: (619) 399-3995
Fax: (619) 615-2067
Email: dmarkham@markham-law.com
mrealin@markham-law.com
lbrevard@markham-law.com
- and -
Walter Haines, Esq.
UNITED EMPLOYEES LAW GROUP
5500 Bolsa Avenue, Suite 201
Huntington Beach, CA 92649
Tel: (888) 474-7242
Fax: (562) 256-1006
Email: walterhaines@yahoo.com
HP INC: Bid to Dismiss Amended Parziale Complaint Pending
---------------------------------------------------------
HP Inc. said in its Form 10-Q Report filed with the Securities and
Exchange Commission on March 5, 2020, for the quarterly period
ended January 31, 2020, that the company is seeking dismissal of an
amended complaint in the class action suit entitled, Parziale v.
HP, Inc.
On August 27, 2019, a purported consumer class action was filed
against HP arising out of the supplies authentication protocol in
certain OfficeJet printers.
The complaint, which was filed in the United States District Court
for the Northern District of California, captioned Parziale v. HP,
Inc., alleges two causes of action under Florida Consumer
Protection statutes: (1) violation of the Florida Deceptive and
Unfair Trade Practices Act, F.S.A. Sections 501.201 et seq., and
(2) violation of the Florida Misleading Advertisement Law, F.S.A.
Sections 817.41 et seq.
The named plaintiff, a Florida resident who purchased OfficeJet
printers in Florida, seeks to represent a nationwide class of "all
United States Citizens who, between the applicable statute of
limitations and the present, had an HP Printer that was modified to
reject third party ink cartridges or refilled HP ink cartridges."
On October 30, 2019, HP moved to dismiss the complaint. On November
13, 2019, plaintiff filed an amended complaint, adding the
following new causes of action to the case: (1) violation of the
Computer Fraud and Abuse Act, 18 U.S.C. Section 1030 et seq., (2)
trespass to chattels, and (3) tortious interference with business
relations. Plaintiff seeks certain class relief regarding its
complaint, injunctive relief, damages, including punitive damages,
and attorneys' fees.
On December 30, 2019, HP moved to dismiss plaintiff's amended
complaint.
HP Inc. provides personal computing and other access devices,
imaging and printing products, and related technologies, solutions,
and services in the United States and internationally. The company
operates through three segments: Personal Systems, Printing, and
Corporate Investments. The company was formerly known as
Hewlett-Packard Company and changed its name to HP Inc. in October
2015. HP Inc. was founded in 1939 and is headquartered in Palo
Alto, California.
HP INC: Faces Electrical Workers Pension Fund, Local 103 Suit
-------------------------------------------------------------
HP Inc. said in its Form 10-Q Report filed with the Securities and
Exchange Commission on March 5, 2020, for the quarterly period
ended January 31, 2020, that the company faces a putative class
action suit entitled, Electrical Workers Pension Fund, Local 103,
I.B.E.W. v. HP Inc., et al.
This is a putative securities class action filed on February 19,
2020 in federal court for the Northern District of California
alleging, among other things, that from February 23, 2017 to
October 3, 2019 the defendants violated Sections 10(b) and 20(a) of
the Securities Exchange Act by concealing material information and
making false statements about HP's printing supplies business,
including the accuracy and reliability of HP's four-box model to
determine the demand for supplies. Plaintiff seeks compensatory
damages and other relief.
HP Inc. provides personal computing and other access devices,
imaging and printing products, and related technologies, solutions,
and services in the United States and internationally. The company
operates through three segments: Personal Systems, Printing, and
Corporate Investments. The company was formerly known as
Hewlett-Packard Company and changed its name to HP Inc. in October
2015. HP Inc. was founded in 1939 and is headquartered in Palo
Alto, California.
HP INC: Jackson's Age Bias Claims Resolved
------------------------------------------
HP Inc. said in its Form 10-Q Report filed with the Securities and
Exchange Commission on March 5, 2020, for the quarterly period
ended January 31, 2020, that dismissals with prejudice were entered
in the Northern District of Georgia action, the Northern District
of California action, and the Ninth Circuit appeal, in the class
action suit entitled, Jackson, et al. v. HP Inc. and Hewlett
Packard Enterprise.
This putative nationwide class action was filed on July 24, 2017 in
federal district court in San Jose, California. The plaintiffs
purport to bring the lawsuit on behalf of themselves and other
similarly situated African-Americans and individuals over the age
of forty.
The plaintiffs allege that the defendants engaged in a pattern and
practice of racial and age discrimination in lay-offs and
promotions. The plaintiffs filed an amended complaint on September
29, 2017.
On January 12, 2018, the defendants moved to transfer the matter to
the federal district court in the Northern District of Georgia. The
defendants also moved to dismiss the claims on various grounds and
to strike certain aspects of the proposed class definition.
The Court dismissed the action on the basis of improper venue.
On July 23, 2018, the plaintiffs refiled the case in the Northern
District of Georgia. On August 9, 2018, the plaintiffs also filed a
notice of appeal of the dismissal order with the United States
Court of Appeals for the Ninth Circuit.
On October 1, 2018, the Georgia court granted the plaintiffs'
unopposed motion to stay and administratively close the Georgia
action until the Ninth Circuit appeal is decided.
On February 4, 2020, the parties resolved their claims, and by
February 11, 2020, dismissals with prejudice were entered in the
Northern District of Georgia action, the Northern District of
California action, and the Ninth Circuit appeal.
HP Inc. provides personal computing and other access devices,
imaging and printing products, and related technologies, solutions,
and services in the United States and internationally. The company
operates through three segments: Personal Systems, Printing, and
Corporate Investments. The company was formerly known as
Hewlett-Packard Company and changed its name to HP Inc. in October
2015. HP Inc. was founded in 1939 and is headquartered in Palo
Alto, California.
IQIYI: Faces Lee Suit Over Misleading SEC Registration Statements
-----------------------------------------------------------------
JEAN LEE, individually and on behalf of all others similarly
situated, Plaintiff v. IQIYI, INC.; YU GONG; and XIAODONG WANG,
Defendants, Case No. 1:20-cv-01830 (E.D.N.Y., April 16, 2020) is a
class action against the Defendants for violations of Sections
10(b) and 20(a) of the Securities Exchange Act of 1934.
The Plaintiffs, on behalf of themselves and all others
similarly-situated persons who purchased or otherwise acquired
iQIYI's securities between March 29, 2018 and April 7, 2020, allege
that the Defendants released false and misleading statements on the
company's registration statement and its initial public offering in
March 2018, which resulted to the inflation of its revenues,
expenses and prices of assets, and misleading financial reporting.
As a result of Defendants' wrongful acts and omissions, the market
value of iQIYI securities declined on April 8, 2020, causing
damages and losses to the Plaintiffs and other investors.
iQIYI, Inc. is an online entertainment service provider with its
principal executive offices in Beijing, China. [BN]
The Plaintiff is represented by:
Phillip Kim, Esq.
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM P.A.
275 Madison Ave., 40th Floor
New York, NY 10016
Telephone: (212) 686-1060
Facsimile: (212) 202-3827
Email: lrosen@rosenlegal.com
pkim@rosenlegal.com
J.M.V LIGHTING: Hall et al. Seek Overtime, Unpaid Wages for Staff
-----------------------------------------------------------------
WILLIE HALL and DEREK MARTIN, individually and on behalf of all
others similarly situated, Plaintiffs v. J.M.V LIGHTING INC., doing
business as J M V ELECTRICAL & LIGHTING DESIGN, and DOES 1 through
200, Defendants, Case No. 20STCV14845 (Cal. Super., Los Angeles
Cty., April 17, 2020) is a class action against the Defendants for
violations of the California Labor Code and the California Business
and Professions Code including failing to pay wages and overtime
pay, failing to pay prevailing wages on public works, and failing
to pay wages of terminated or resigned employees.
Mr. Hall was employed by the Defendant from on or about November
2019, through on or about January 2020.
Mr. Martin was employed by the Defendant from on or about 2017,
through on or about March 2020.
Both Plaintiffs worked in execution of California public works
projects during their employment, including within the last four
years.
J.M.V Lighting Inc. is an electrical contractor with principal
place of business located at 815 E 109th Place, Los Angeles,
California. It is also doing business as J M V Electrical &
Lighting Design. [BN]
The Plaintiffs are represented by:
Richard E. Donahoo, Esq.
Sarah L. Kokonas, Esq.
Judith L. Camilleri, Esq.
William E. Donahoo, Esq.
DONAHOO & ASSOCIATES PC
440 W. First Street, Suite 101
Tustin, CA 92780
Telephone (714) 953-1010
Facsimile (714) 953-1777
E-mail: rdonahoo@donahoo.com
skokonas@donahoo.com
icamilleri@donahoo.com
wdonahoo@donahoo.com
JPMORGAN CHASE: Legendary Sues Over Paycheck Protection Program
---------------------------------------------------------------
LEGENDARY TRANSPORT, LLC, individually and on behalf of all others
similarly situated, Plaintiff v. JPMORGAN CHASE & CO.; JPMORGAN
CHASE BANK, N.A; BANK OF AMERICA, N.A.; WELLS FARGO BANK, N.A.;
CITIBANK, N.A.; and DOES 1 to 1000, Defendants, Case No.
2:20-cv-03636 (C.D. Cal., April 20, 2020) is a class action against
the Defendants for violations of Sherman Act, Clayton Act,
negligence, and negligent misrepresentation.
The Plaintiff, on behalf of itself and all others
similarly-situated small business entities, alleges that it was
unable to timely submit an application with Chase Bank for purposes
of the Paycheck Protection Program (PPP) due to the delay and
contradictory information presented by Chase Bank to many of its
business clients. Moreover, the Plaintiff was similarly unable to
seek a loan under the PPP from any other major lender because of
the restrictions in place by the Defendants as a whole. The
Plaintiff claims that Chase Bank prioritized loan applications of
what it must have considered favored businesses based, in part, on
pre-existing debt considerations over other small businesses
contrary to the spirit and purpose of the PPP and the Coronavirus
Aid, Relief, and Economic Security Act (CARES Act), a law signed by
the U.S. President to authorize lenders to immediately begin
administering loans to small businesses in the country to assist
them following the COVID-19 pandemic.
JPMorgan Chase & Co. is a multinational investment bank and
financial services holding company headquartered in New York City,
New York.
JPMorgan Chase Bank, N.A. is a national banking association.
Bank of America, N.A. is a national banking association
headquartered in Charlotte, North Carolina.
Wells Fargo Bank, N.A. is a national banking association
headquartered in San Francisco, California.
Citibank, N.A. is a national banking association headquartered in
New York City, New York. It is owned by its parent corporation,
Citicorp. [BN]
The Plaintiff is represented by:
Adam Dolce, Esq.
LAW OFFICE OF ADAM DOLCE
414 Yale Avenue, Suite B
Claremont, CA 91711
Telephone: (909) 542-9030
Facsimile: (909) 992-3554
E-mail: adam@dolcelegal.com
L BRANDS INC: Velazquez Labor Suit Removed to C.D. California
-------------------------------------------------------------
The class action lawsuit captioned as MONICA VELAZQUEZ and CRYSTAL
FREGOSO, on behalf of themselves and others similarly situated v. L
BRANDS, INC.; LIMITED BRANDS, INC.; THE LIMITED, INC.; VICTORIA'S
SECRET STORES, LLC, and DOES 1 to 100, Inclusive, Case No.
20STCV07091 (Filed Feb. 24, 2020), was removed from the Superior
Court of the State of California, County of Los Angeles, to the
U.S. District Court for the Central District of California on April
16, 2020.
The Central District of California Court Clerk assigned Case No.
2:20-cv-03521 to the proceeding.
The Plaintiffs assert claims under the California Labor Code for
alleged failure to pay minimum wages and overtime and alleged
failure to provide meal periods and rest breaks.
L Brands is an American fashion retailer based in Columbus, Ohio.
The Company's flagship brands include Victoria's Secret and Bath &
Body Works.[BN]
The Defendants are represented by:
Phillip J. Eskenazi, Esq.
Kirk A. Hornbeck, Esq.
Jeff R. R. Nelson, Esq.
HUNTON ANDREWS KURTH LLP
550 South Hope Street, Suite 2000
Los Angeles, CA 90071-2627
Telephone: (213) 532-2000
Facsimile: (213) 532-2020
E-mail: peskenazi@HuntonAK.com
khornbeck@HuntonAK.com
jnelson@HuntonAK.com
MAJOR LEAGUE BASEBALL: Ajzenman Seeks Refund for Unused Tickets
---------------------------------------------------------------
The case, MATTHEW AJZENMAN and SUSAN TERRY-BAZER, individually and
on behalf of all others similarly-situated, Plaintiffs v. OFFICE OF
THE COMMISSIONER OF BASEBALL doing business as MAJOR LEAGUE
BASEBALL; ROBERT D. MANFRED, JR.; AZPB LIMITED PARTNERSHIP; AZPB I,
INC; ATLANTA NATIONAL LEAGUE BASEBALL CLUB INC.; ATLANTA NATIONAL
LEAGUE BASEBALL CLUB, LLC; BALTIMORE ORIOLES LIMITED PARTNERSHIP;
BALTIMORE ORIOLES INC; BALTIMORE BASEBALL CLUB INC.; BOSTON RED SOX
BASEBALL CLUB LIMITED PARTNERSHIP; FENWAY SPORTS GROUP LLC; NEW
ENGLAND SPORTS VENTURES, LLC; CHICAGO NATIONAL LEAGUE BASEBALL
CLUB, INC.; CHICAGO WHITE SOX LTD.; CHISOX CORP.; THE CINCINNATI
REDS, LLC; CLEVELAND INDIANS BASEBALL COMPANY LP; COLORADO BASEBALL
PARTNERSHIP; COLORADO ROCKIES BASEBALL CLUB, LTD.; OLYMPIA
ENTERTAINMENT, INC.; DETROIT TIGERS, INC.; CRANE CAPITAL GROUP;
HOUSTON ASTROS INC.; HOUSTON ASTROS LLC; KANSAS CITY ROYALS
BASEBALL CORP.; KANSAS CITY ROYALS BASEBALL CLUB, INC.; ANGELS
BASEBALL LP; MORENO BASEBALL LP; GUGGENHEIM BASEBALL MANAGEMENT
LLC; LOS ANGELES DODGERS, INC.; MIAMI MARLINS L.P.; MIAMI MARLINS,
INC.; MILWAUKEE BREWERS BASEBALL CLUB, INC.; MILWAUKEE BREWERS
HOLDINGS LLC; MINNESOTA TWINS, LLC; STERLING DOUBLEDAY ENTERPRISES
LP; METS PARTNERS INC.; NEW YORK YANKEES PARTNERSHIP; YANKEE GLOBAL
ENTERPRISES LLC; ATHLETICS INVESTMENT GROUP LLC.; PHILLIES LP;
PITTSBURGH ASSOCIATES LP; PITTSBURGH BASEBALL, INC.; PADRES, L.P.;
SAN FRANCISCO BASEBALL ASSOCIATES L.P.; THE BASEBALL CLUB OF
SEATTLE LLLP; BASEBALL OF SEATTLE INC.; ST. LOUIS CARDINALS LLC;
ST. LOUIS NATIONAL BASEBALL CLUB INC.; TAMPA BAY DEVIL RAYS LTD.;
RANGERS BASEBALL EXPRESS LLC; ROGERS BLUE JAYS BASEBALL
PARTNERSHIP; TORONTO BLUE JAYS BASEBALL LTD; WASHINGTON NATIONALS
BASEBALL CLUB LLC; TICKETMASTER LLC; LIVE NATION WORLDWIDE, INC.;
LIVE NATION ENTERTAINMENT, INC.; STUBHUB, INC.; and LAST MINUTE
TRANSACTIONS, INC., Defendants, Case No. 2:20-cv-03643 (C.D. Cal.,
April 20, 2020) is a class action against the Defendants for
violations of the California's Consumer Legal Remedies Act and the
California's Unfair Competition Law, civil conspiracy, and unjust
enrichment.
The Plaintiffs, on behalf of themselves and on behalf of all others
similarly-situated individuals who purchased tickets for the 2020
MLB season, allege that the Defendants refused to refund them and
all others baseball fans for tickets purchased despite the near
impossibility to play a standard 162-game season with spectators
due to the COVID-19 pandemic. The Plaintiffs claim that the
Defendants failed to proffer any plan for unused tickets after the
opening day event was canceled.
Office of the Commissioner of Baseball, also doing business as
Major League Baseball, is an unincorporated association comprised
of 30 team members with principal place of business in New York,
New York.
AZPB Limited Partnership is a company that owns and manages the
professional league baseball team Arizona Diamondbacks.
AZPB I, Inc. is a company associated to the professional league
baseball team Arizona Diamondbacks.
Atlanta National League Baseball Club, Inc. is an Atlanta,
Georgia-based company that operates and promotes baseball clubs and
events.
Atlanta National League Baseball Club, LLC is an Atlanta,
Georgia-based company that operates and promotes professional and
semi-professional athletic clubs and events.
Baltimore Orioles Limited Partnership is an operating company for
the professional baseball team Baltimore Orioles in Maryland.
Baltimore Orioles Inc. is a company associated to the professional
baseball team Baltimore Orioles in Maryland.
Baltimore Baseball Club Inc. is a baseball club operating company
based in Baltimore, Maryland.
Boston Red Sox Baseball Club Limited Partnership is an operating
company for the professional baseball team Boston Red Sox based in
Massachusetts.
Fenway Sports Group LLC is an American sports company based in
Boston, Massachusetts. It is the parent company of Major League
Baseball's Boston Red Sox and Liverpool F.C.
New England Sports Ventures LLC is the holding company for the Red
Sox baseball team, Fenway Park and New England Sports Network.
Chicago National League Baseball Club Inc. is a Chicago,
Illinois-based operating company for the Chicago Cubs franchise of
Major League Baseball.
Chicago White Sox Ltd. is a Major League Baseball team company
based in Chicago, Illinois.
Chisox Corp. is a company associated to the Chicago White Sox
professional baseball team based in Chicago, Illinois.
The Cincinnati Reds, LLC is a company that owns and operates the
Cincinnati Reds professional baseball club in Ohio.
Cleveland Indians Baseball Co. LP is an operating company for the
professional baseball team Cleveland Indians based in Ohio.
Colorado Baseball Partnership is a company associated to the
professional baseball team Colorado Rockies located in Colorado.
Colorado Rockies Baseball Club Ltd. is an operating company for the
professional baseball team Colorado Rockies located in Colorado.
Olympia Entertainment, Inc. is an American sports and entertainment
company headquartered in the Fox Theatre in Downtown Detroit,
Michigan.
Detroit Tigers Inc. is a company that promotes and operates the
professional baseball team Detroit Tigers.
Crane Capital Group is a Texas-based provider of investment
advisory services.
Houston Astros Inc. is a company that promotes and operates the
professional baseball team Houston Astros located in Texas.
Houston Astros LLC is a company associated to the professional
baseball team Houston Astros located in Texas.
Kansas City Royals Baseball Corp. is a company that promotes and
operates the professional baseball team Kansas City Royals located
in Missouri.
Kansas City Royals Baseball Club, Inc. is a company associated to
the professional baseball team Kansas City Royals located in
Missouri.
Angels Baseball LP is a company that operates the professional
baseball team Los Angeles Angels located in California.
Moreno Baseball LP is a company associated to the professional
baseball team Los Angeles Angels located in California.
Guggenheim Baseball Management, LLC is a California-based
investment services company.
Los Angeles Dodgers Inc. is a company associated to the
professional baseball team Los Angeles Angels located in
California.
Miami Marlins LP is a company that operates the professional
baseball team Miami Marlins located in Florida.
Miami Marlins Inc. is a company associated to the professional
baseball team Miami Marlins located in Florida.
Milwaukee Brewers Baseball Club, Inc. is a company that operates
the professional baseball team Milwaukee Brewers located in
Wisconsin.
Milwaukee Brewers Holdings LLC is a company associated to the
professional baseball team Milwaukee Brewers located in Wisconsin.
Minnesota Twins, LLC is a company that owns and operates the
professional baseball team Minnesota Twins located in Minnesota.
Sterling Doubleday Enterprises LP is a New York-based sporting and
athletic goods manufacturer.
Mets Partners Inc. is a company associated to the professional
baseball team New York Mets located in New York.
New York Yankees Partnership is a company that operates and
promotes the professional baseball team New York Yankees located in
New York.
Yankee Global Enterprises LLC is an American company which owns the
New York Yankees baseball team located in New York.
Athletics Investment Group LLC is a company that operates and
promotes the professional baseball team Oakland Athletics located
in California.
Phillies LP is a company that owns and operates the professional
baseball team Philadelphia Phillies located in Pennsylvania.
Pittsburgh Associates LP is a company associated to the
professional baseball team Pittsburgh Pirates located in
Pennsylvania.
Pittsburgh Baseball Inc. is a company that operates and promotes
the professional baseball team Pittsburgh Pirates located in
Pennsylvania.
Padres LP is a company that operates and promotes the professional
baseball team San Diego Padres located in California.
San Francisco Baseball Associates LP is a company that operates and
promotes the professional baseball team San Diego Padres located in
California.
The Baseball Club of Seattle LLLP is a company that owns and
operates the professional baseball team Seattle Mariners located in
Washington.
Baseball of Seattle Inc. is a company associated to the
professional baseball team Seattle Mariners located in Washington.
St. Louis Cardinals LLC is a company that operates the professional
baseball team St. Louis Cardinals located in Missouri.
St. Louis National Baseball Club Inc. is a company associated to
professional baseball team St. Louis Cardinals located in
Missouri.
Tampa Bay Devil Rays Ltd. is a company that operates the
professional baseball team Tampa Bay Rays located in Florida.
Rangers Baseball Express LLC is a company that operates the
professional baseball team Texas Rangers located in Texas.
Rogers Blue Jays Baseball Partnership is a company that owns and
operates the professional baseball team Toronto Blue Jays located
in Canada.
Toronto Blue Jays Baseball Ltd. is a company associated to the
professional baseball team Toronto Blue Jays located in Canada.
Washington Nationals Baseball Club LLC is a company that operates
the professional baseball team Washington Nationals located in
Washington, D.C.
Ticketmaster, LLC is an authorized reseller of MLB tickets based in
Los Angeles, California.
Live Nation Worldwide Inc. is an entertainment company based in New
York, New York.
Live Nation Entertainment, Inc. an American global entertainment
company, with principal place of business located in New York.
StubHub, Inc. is a ticket resale company headquartered in San
Francisco, California.
Last Minute Transactions, Inc. is a subsidiary and/or affiliate of
ticket resale company StubHub, Inc., with its principal place of
business located in San Francisco, California. [BN]
The Plaintiffs are represented by:
David Azar, Esq.
MILBERG PHILLIPS GROSSMAN LLP
16755 Von Karman Avenue, Suite 200
Irvine, CA 92606
Telephone: (212) 594-5300
E-mail: dazar@milberg.com
- and -
Marc Grossman, Esq.
Peggy Wedgworth, Esq.
Andrei Rado, Esq.
Jennifer Czeisler, Esq.
Blake Yagman, Esq.
Michael Acciavatti, Esq.
MILBERG PHILLIPS GROSSMAN LLP
One Pennsylvania Plaza, Suite 1920
New York, NY 10119
Telephone: (212) 594-5300
E-mail: mgrossman@milberg.com
pwedgworth@milberg.com
arado@milberg.com
jczeisler@milberg.com
byagman@milberg.com
macciavatti@milberg.com
MDL 2492: Mack Suit v. NCAA Over Health Issues Consolidated
-----------------------------------------------------------
The case styled LERNARD MACK, individually and on behalf of all
similarly situated individuals v. NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION, Case No. 1:20-cv-00835 (Filed March 13, 2020), was
transferred from the U.S. District Court for the Southern District
of Indiana to the U.S. District Court for the Northern District of
Illinois (Chicago) on April 15, 2020.
The Northern District of Illinois Court Clerk assigned Case No.
1:20-cv-02318 to the proceeding.
The Plaintiff brings this class action complaint against the
Defendant to obtain redress for injuries sustained as result of its
reckless disregard for the health and safety of generations of
student-athletes.
The Mack case is being consolidated with MDL No. 2492, In Re:
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION STUDENT-ATHLETE CONCUSSION
INJURY LITIGATION. The MDL was created by Order of the United
States Judicial Panel on Multidistrict Litigation on Dec. 18, 2013.
These actions seek medical monitoring for putative classes of
former student athletes at NCAA-member schools, who allege they
suffered concussions. The Plaintiffs allege that the NCAA concealed
information about the risks of the long-term effects of concussion
injuries. Opponents to centralization argue, inter alia, that (1)
the putative classes and claims alleged in these actions do not
sufficiently overlap; and (2) given the small number of actions
pending, alternatives to centralization are preferable. Opponents'
arguments, while persuasive when the Section 1407 motion was first
filed, are less compelling now given the current state of the
litigation, the Panel said.
In its Dec. 18, 2013 Order, the MDL Panel found that the these
actions involve common questions of fact, and that centralization
in the Northern District of Illinois will serve the convenience of
the parties and witnesses and promote the just and efficient
conduct of this litigation. These actions share factual questions
relating to allegations against the NCAA stemming from injuries
sustained while playing sports at NCAA-member institutions,
including damages resulting from the permanent long-term effects of
concussions. Centralization will eliminate duplicative discovery;
prevent inconsistent pretrial rulings, including with respect to
class certification; and conserve the resources of the parties,
their counsel, and the judiciary. Presiding Judge in the MDL is
Hon. Judge John Z. Lee Paul. The lead case is 1:16-cv-08727.
NCAA is a non-profit organization, which regulates athletes of
1,268 North American institutions and conferences.[BN]
The Plaintiff is represented by:
Jeff Raizner, Esq.
RAIZNER SLANIA LLP
2402 Dunlavy Street
Houston, TX 77006
Telephone: 713 554 9099
Facsimile: 713 554 9098
E-mail: efile@raiznerlaw.com
- and -
Jay Edelson, Esq.
Benjamin H. Richman, Esq.
Rafey S. Balabanian, Esq.
EDELSON PC
350 North LaSalle Street, 14th Floor
Chicago, IL 60654
Telephone: 312 589 6370
Facsimile: 312 589 6378
E-mail: jedelson@edelson.com
brichman@edelson.com
rbalabanian@edelson.com
MICHAEL CHEVROLET: Transmits Robocalls, Balladares Claims
---------------------------------------------------------
The case, LUZ BALLADARES, individually and on behalf of all others
similarly-situated v. MICHAEL CADILLAC, INC. D/B/A MICHAEL
CHEVROLET, Defendant, Case No. 1:20-at-00289 (E.D. Cal., April 17,
2020), arises from the Defendant's violations of the Telephone
Consumer Protection Act.
The Plaintiff, individually and on behalf of all others
similarly-situated consumers, alleges that the Defendant
transmitted prerecorded messages to his cellular telephone and
others in order to promote its services and goods using an
automatic telephone dialing system without obtaining prior written
express consent. Defendant's prerecorded calls caused Plaintiff
actual harm, including invasion of his privacy, aggravation,
annoyance, intrusion on seclusion, trespass, and conversion.
Michael Cadillac, Inc. is an automotive dealership that sells
vehicles for individuals and businesses, with principal place of
business located at 50 W Bullard, Fresno, California. It is also
doing business as Michael Chevrolet. [BN]
The Plaintiff is represented by:
William Litvak, Esq.
DAPEER ROSENBLIT LITVAK LLP
11500 W. Olympic Blvd. Suite 550
Los Angeles, CA 90064
Telephone: (310) 477-5575
E-mail: wlitvak@drllaw.com
- and -
Scott Edelsberg, Esq.
EDELSBERG LAW PA
20900 NE 30th Ave, Suite 417
Aventura, FL 33180
Telephone: (305) 975-3320
E-mail: scott@edelsberglaw.com
- and -
Andrew J. Shamis, Esq.
SHAMIS & GENTILE PA
14 NE 1st Ave., Suite 400
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
MICHIGAN: Landscapers Challenge COVID-19 Executive Order
--------------------------------------------------------
MICHIGAN NURSERY AND LANDSCAPE ASSOCIATION; WELTON MAINTENANCE, LLC
d/b/a WELTON LAWN CARE; EXPERIGREEN – DETROIT, LLC d/b/a
EXPERIGREEN LAWN CARE; RAY WIEGAND's NURSERY, INC.; AGS HOLDINGS,
INC. d/b/a LUSH LAWN; JENNIFER TARRENCE; and BRUTON'S LAWN CARE,
LLC, individually and on behalf of all others similarly situated,
Plaintiffs v. GRETCHEN WHITMER and DANA NESSEL, Defendants, Case
No. 1:20-cv-00331 (W.D. Mich., April 17, 2020) is a class action
against the Defendants for violations of the Commerce Clause of the
U.S. Constitution and Plaintiffs' due-process rights.
The Plaintiffs, on behalf of themselves and all others
similarly-situated business owners that engage in the commercial
landscaping and lawn-care services industry, allege that Governor
Whitmer's Executive Order 2020-42 (COVID-19) should not include
commercial landscaping and lawn-care services providers because its
purpose, which is to prevent person-to-person contact and spread of
COVID-19, is not applicable to the industry as services can be
conducted with zero or virtually zero contact between service
providers and customers. The Plaintiffs and Class members request
an emergency preliminary injunction that allows them to immediately
resume providing lawn care, landscaping, and retail-garden-sales
services. They also request class certification, a permanent
injunction that protects the class, and class damages and attorney
fees.
Michigan Nursery and Landscape Association is a green industry
trade association with principal place of business at 2149 Commons
Pkwy, Okemos, Michigan.
Welton Maintenance, LLC is a Highland, Michigan-based provider of
lawn care and pest control services to residential and commercial
customers in Oakland, Livingston, Washtenaw, Genesee, and Wayne
counties. It is also doing business as Welton Lawn Care.
ExperiGreen – Detroit, LLC is a provider of lawn care and pest
control services out of Livonia, Michigan, to customers in Wayne,
Oakland, Washtenaw, and Macomb counties. It is also doing business
as ExperiGreen Lawn Care.
Ray Wiegand's Nursery, Inc. is a Macomb, Michigan-based firm that
specializes in the sale of flowering plants and shrubs, vegetables,
and trees.
AGS Holdings, Inc. is a lawn-care services provider with principal
place of business in Oakland County, Michigan. It is also doing
business as Lush Lawn.
Bruton's Lawn Care, LLC is a Montrose, Michigan-based provider of
landscaping and restoration services, lawn care, and grounds
maintenance for its customers in Genesee County. [BN]
The Plaintiffs are represented by:
John J. Bursch, Esq.
BURSCH LAW PLLC
9339 Cherry Valley Ave. SE, #78
Caledonia, MI 49316
Telephone: (616) 450-4235
E-mail: jbursch@burschlaw.com
MONROE COUNTY, NY: Ash Seeks to Recover Back Pay, Damages
---------------------------------------------------------
Tarrence Ash, individually and on behalf of all others similarly
situated, Plaintiff, v. Corinda Crossdale, Commissioner Monroe
County Department of Human Services, Rochester Works, Inc. and the
Open Door Mission, Defendants, Case No. 20-cv-06207 (W.D. N.Y.,
April 3, 2020), seeks declaratory relief, back pay and liquidated
damages for violations of the Fair Labor Standards Act including
recovery of a portion of his retroactive Supplemental Security
Income benefits retained by Monroe County.
Monroe County Department of Human Services assigned Ash to work at
the Open Door Mission approximately 15 hours per week from at
September 2017 until May 2018 in coordination with Rochester Works,
Inc., a non-profit corporation based in Rochester, New York.
In August 2017, Ash applied for Supplemental Security Income from
the Social Security Administration that was granted in April 2018
and was awarded benefits retroactive to September 2017. However,
Monroe County deducted and retained from the check an amount equal
to all of the safety net assistance that it paid to Ash, even
though it had required him to work in exchange for such benefits.
[BN]
Plaintiff is represented by:
Susan C. Antos, Esq.
Senior Attorney
EMPIRE JUSTICE CENTER
119 Washington Avenue, 3rd floor
Albany, NY 12210
Telephone: (518) 935-2845
Facsimile: (518) 462-6687
Email: santos@empirejustice.org
- and -
Peter O'Brian Dellinger, Esq.
Senior Attorney
EMPIRE JUSTICE CENTER
One West Main Street, 2nd Floor
Rochester, NY 14614
Telephone: (585) 454-4060
Facsimile: (585) 454-4019
Email: pdellinger@empirejustice.org
NEW YORK: Detainees Hits Jail Time Amidst Trial Suspension
----------------------------------------------------------
Michael Bergamaschi and Frederick Roberson, on behalf of themselves
and all others similarly situated, Plaintiffs, v. Andrew M. Cuomo,
Governor of New York State, in his official capacity and Tina M.
Stanford, Chairperson of the New York State Board of Parole, in her
official capacity, Defendants, Case No. 20-cv-02817, (S.D. N.Y.,
April 3, 2020), seeks declaratory and injunctive relief to the
mandatory detention of people accused of parole violations pending
their final hearing, under the Fourteenth Amendment of the United
States Constitution and the due process clause of New York State
Constitution.
Bergamaschi and Roberson are jailed at Rikers Island on parole
warrants since March 11, 2020. Due to the state-wide COVID-19
lockdown, hearings in the parole revocation process have been all
been suspended. The COVID-19 rate of infection at Riker's Island is
seven times as high as the infection rate in New York City thus
threatening the incarcerated population, especially those aged 50
and above and those with underlying medical issues. Frederick
Roberson is fifty-eight-years old. [BN]
Plaintiffs are represented by:
Philip Desgranges, Esq.
Grace Y. Li, Esq.
Molly Biklen, Esq.
Christopher T. Dunn, Esq.
NEW YORK CIVIL LIBERTIES UNION FOUNDATION
125 Broad Street, 19th Floor
New York, NY 10004
Tel: (212) 607-3300
Email: pdesgranges@nyclu.org
gli@nyclu.org
mbiklen@nyclu.org
cdunn@nyclu.org
- and -
Corey Stoughton, Esq.
THE LEGAL AID SOCIETY
199 Water Street
New York, NY 10038
Tel: (212) 577-3367
Email: cstoughton@legal-aid.org
NORDSON CORP: Continues to Defend Ortiz Class Suit in California
----------------------------------------------------------------
Nordson Corporation said in its Form 10-Q Report filed with the
Securities and Exchange Commission on March 5, 2020, for the
quarterly period ended January 31, 2020, that the company
continues to defend a class action lawsuit in the San Diego County
Superior Court, California, initiated by a former employee.
On February 22, 2019, a former employee, Ortiz, filed a purported
class action lawsuit in the San Diego County Superior Court,
California, against Nordson Asymtek, Inc. and Nordson Corporation,
alleging various violations of the California Labor Code.
Plaintiff seeks, among other things, an unspecified amount for
unpaid wages, actual, consequential and incidental losses,
penalties, and attorneys' fees and costs.
Nordson said, "Management believes, based on currently available
information, that the ultimate outcome of the proceeding described
above will not have a material adverse effect on the Company's
financial condition or results of operations."
No further updates were provided in the Company's SEC report.
Nordson Corporation engineers, manufactures, and markets products
and systems to dispense, apply, and control adhesives, coatings,
polymers, sealants, biomaterials, and other fluids worldwide.
Nordson Corporation was founded in 1935 and is headquartered in
Westlake, Ohio.
OAKLAND COUNTY, MI: Cameron Petitions for Writ of Habeas Corpus
---------------------------------------------------------------
Jamaal Cameron, Richard Briggs, Raj Lee, Michael Cameron, Matthew
Saunders, individually and on behalf of all others similarly
situated, Petitioners/Plaintiffs v. MICHAEL BOUCHARD, in his
official capacity as Sheriff of Oakland County; CURTIS D. CHILDS,
in his official capacity as Commander of Corrective Services;
OAKLAND COUNTY, MICHIGAN, Case No. 2:20-cv-10949-LVP-MJH (E.D.
Mich., April 17, 2020), seeks class-wide relief requiring the
Defendants to take basic and necessary steps to safeguard the
health of people who, due to the nature of their confinement, are
not only at heightened risk of infection and death but are also
rendered unable to take the simple steps to protect themselves that
have become a necessary part of everyday life for people not in
jail.
The rate at which the novel coronavirus and its resulting disease,
COVID-19, is ravaging the globe is unprecedented in modern society,
according to the complaint. The situation is especially grave in
the state of Michigan, which currently ranks third in the country
for coronavirus-related deaths. A mass outbreak of COVID-19 inside
Michigan's jails and prisons is a major threat to the state's
already fragile healthcare system. An outbreak in the Oakland
County Jail will undoubtedly cause death and devastation to
countless lives, including the people jailed, the people who work
in the jail, and their families. Its impact will be felt across the
state as valuable medical resources--already in short supply—are
completely depleted. Medical experts have stressed that urgent
action in the jails is an essential public health priority given
that any outbreak will place incredible strain on regional
hospitals and health centers.
According to the complaint, understanding the dire need for
immediate action, medical and public health experts have urged
sweeping precautionary measures in everyday life to slow the spread
of this virus. Yet, the very steps they deem necessary--such as
regular handwashing, sanitizing one's environment, access to
testing, prompt medical attention, and wearing protective
gear--have been made impossible for the people confined in the Jail
by the very officials responsible for their well-being.
The Plaintiffs assert that people confined in jails and prisons
must "be furnished with the basic human needs, one of which is
'reasonable safety.'" Yet the Plaintiffs, as well as the class and
subclasses they represent, all face imminent risk of serious injury
or death once they are exposed to COVID-19 in the Jail. Starkly, in
the midst of a public health crisis, the people currently confined
at the Jail have no adequate safeguards against the severe threat
of this novel coronavirus--all they ask is to be treated humanely
while they are in Oakland County's custody during this perilous
time, the Plaintiffs assert.
Because of the ongoing, systemic violations of the
Petitioners/Plaintiffs' constitutional rights, the
Petitioners/Plaintiffs request a writ of habeas corpus for all
those who are medically vulnerable and at particularly grave risk
of infection and death from COVID-19 or, in the alternative,
request an injunction requiring that they be transferred to home
confinement for the duration of the COVID-19 pandemic, says the
complaint.
The Plaintiffs/Petitioners were in the custody of Defendant
Bouchard, in his capacity as Oakland County Sheriff, at the Jail.
Michael Bouchard is the Sheriff of Oakland County and is
responsible for operating the Jail and maintaining the care and
custody of people confined at the Jail.[BN]
The Plaintiffs/Petitioners are represented by:
Krithika Santhanam, Esq.
Thomas B. Harvey, Esq.
ADVANCEMENT PROJECT NATIONAL OFFICE
1220 L Street, N.W., Suite 850
Washington, DC 20005
Phone: (202) 728-9557
Email: Ksanthanam@advancementproject.org
Tharvey@advancementproject.org
- and -
Philip Mayor, Esq.
Daniel S. Korobkin, Esq.
AMERICAN LIBERTIES UNION FUND OF MICHIGAN
2966 Woodward Ave.
Detroit, MI 48201
Phone: (313) 578-6803
Email: pmayor@aclumich.org
dkorobkin@aclumich.org
- and -
Alexandria Twinem, Esq.
CIVIL RIGHTS CORP
1601 Connecticut Ave NW, Suite 800
Washington, DC 20009
Phone: 202-894-6126
Fax: 202-609-8030
Email: alexandria@civilrightscorps.org
- and -
Cary S. McGehee, Esq.
Kevin M. Carlson, Esq.
PITT, MCGEHEE, PALMER, BONANNI & RIVERS, PC
117 W. Fourth Street, Suite 200
Royal Oak, MI 48067
Phone: 248-398-9800
Email: cmcgehee@pittlawpc.com
kcarlson@pittlawpc.com
- and -
Allison L. Kriger, Esq.
LARENE & KRIGER, PLC
645 Griswold, Suite 1717
Detroit, MI 48226
Phone: (313) 967-0100
Email: Allison.kriger@gmail.com
OTA FRANCHISE: Misleads Investment Education Buyers, Jine Claims
----------------------------------------------------------------
AMY JINE and ANA BIOCINI, individually and on behalf of all others
similarly situated, Plaintiffs v. OTA FRANCHISE CORPORATION;
NEWPORT EXCHANGE HOLDINGS, INC.; NEH SERVICES, INC.; EYAL SHAHAR;
and SAMUEL R. SEIDEN, Defendants, Case No. 8:20-cv-00769 (C.D.
Cal., April 20, 2020) is a class action against the Defendants for
violations of the Consumer Legal Remedies Act and California
Business and Professions Code, fraud, intentional
misrepresentation, concealment, breach of express warranty, and
unjust enrichment.
The Plaintiffs, on behalf of themselves and all others
similarly-situated individuals who purchased OTA's investment
education programs such as Market Timing Orientation, allege that
the Defendants engaged in a fraudulent scheme by claiming to offer
consumers a low-investment, high-profit, online trading strategy.
The Plaintiffs claim that the Defendants do not track the trading
performance of their students and most students who receive OTA
training do not make the substantial income as advertised by the
Defendants. OTA's fraudulent representations and omissions caused
financial losses to the Plaintiffs and Class members, including
elderly individuals.
OTA Franchise Corporation, doing business as OTA, is a Nevada
corporation with its principal place of business at 17780 Fitch
Avenue, Irvine, California. It advertises markets, distributes, and
sells training programs and related goods and services to consumers
throughout the U.S.
Newport Exchange Holdings, Inc., also doing business as OTA, is a
California corporation with its principal place of business at
17780 Fitch Avenue, Irvine, California. It operates the OTA Center
in Irvine, California.
NEH Services, Inc., also doing business as OTA, is a California
corporation with its principal place of business at 17780 Fitch
Avenue, Irvine, California. It is created to funds loans made by
OTA franchisees to consumers seeking to purchase OTA training.
[BN]
The Plaintiffs are represented by:
Joseph W. Cotchett, Esq.
Elizabeth T. Castillo, Esq.
Adam J. Zapala, Esq.
COTCHETT, PITRE & McCARTHY LLP
840 Malcolm Road
Burlingame, CA 94010
Telephone: (650) 697-6000
Facsimile: (650) 697-0577
E-mail: jcotchett@cpmlegal.com
ecastillo@cpmlegal.com
azapala@cpmlegal.com
- and -
Kelly W. Weil, Esq.
COTCHETT, PITRE & McCARTHY, LLP
2716 Ocean Park Blvd., Suite 3088
Santa Monica, CA 90405
Telephone: (310) 392-2008
Facsimile: (310) 392-0111
E-mail: kweil@cpmlegal.com
PANASONIC AVIONICS: Colonelli Labor Suit Moved to C.D. California
-----------------------------------------------------------------
The class action lawsuit captioned as AARON COLONELLI and DAVID
MANCERA, individually and on behalf of all others similarly
situated v. PANASONIC AVIONICS CORPORATION; and DOES 1-100,
inclusive, Case No. CIVDS2004284 (Filed Feb. 13, 2020), was removed
from the Superior Court of California, in and for the County of San
Bernardino, to the U.S. District Court for the Central District of
California on April 15, 2020.
The Central District of California Court Clerk assigned Case No.
5:20-cv-00803-JGB-SP to the proceeding.
The complaint asserts class-wide causes of action against the
Defendants stemming from the employment of the Plaintiffs and
putative class members. Specifically, the complaint alleges that
the Defendants failed to pay minimum wages, failed to pay overtime
wages, and failed to provide meal and rest breaks in violation of
the California Labor Code.
Panasonic Avionics was founded in 1995. The Company's line of
business includes the wholesale distribution of electrical
appliances, television and radio sets.[BN]
The Defendants are represented by:
Danielle Hultenius Moore, Esq.
Aaron F. Olsen, Esq.
Jason A. Fischbein, Esq.
Kathryn M. Evan, Esq.
FISHER & PHILLIPS LLP
4747 Executive Drive, Suite 1000
San Diego, CA 92121
Telephone: (858) 597-9600
Facsimile: (858) 597-9601
E-Mail: dmoore@fisherphillips.com
aolsen@fisherphillips.com
jfischbein@fisherphillips.com
kmevans@fisherphillips.com
PERSONAL TOUCH: Booker Files Suit in Pennsylvania
-------------------------------------------------
A class action lawsuit has been filed against Personal Touch
holding Corp. The case is styled as Lugenia Booker, individually
and on behalf of all others similarly situated, Plaintiff v.
Personal Touch Holding Corp. and Crossroads Technologies, Inc.,
Defendants, Case No. 5:20-cv-01989 (E.D. Pa., April 22, 2020).
The docket of the case states the nature of suit as Contract: Other
filed over Diversity-Other Contract.
Personal Touch Holding Corp. is located in New Hyde Park, NY,
United States and is part of the Home Health Care Services
Industry.[BN]
The Plaintiff is represented by:
Leonard Anthony Bennett, Esq.
Consumer Litigation Associates
763 J Clyde Morris Boulevard, Suite 1A
Newport News, VA 23601
Tel: (757) 930-3660
Fax: (757) 930-3662
Email: lenbennett@clalegal.com
PUBLICDATA.COM: Henderson Files FDCPA Suit in Virginia
------------------------------------------------------
A class action lawsuit has been filed against The Source for Public
Data, L.P. The case is styled as Tyrone Henderson, Sr., George O.
Harrison, Jr. and Robert McBride, on behalf of themselves and
others similarly situated, Plaintiffs v. The Source for Public
Data, L.P., d/b/a Publicdata.com, Shadowsoft, Inc.,
Harlington-Straker Studio, Inc. and Dale Bruce Stringfellow,
Defendants, Case No. 3:20-cv-00294 (E.D. Va., April 21, 2020).
The docket of the case states the nature of suit as Consumer Credit
filed pursuant to the Fair Debt Collection Practices Act.
PublicData.com is a resource for public records from local, state,
and federal agencies.[BN]
The Plaintiffs are represented by:
Anthony Bennett, Esq.
Consumer Litigation Associates
763 J Clyde Morris Boulevard, Suite 1A
Newport News, VA 23601
Tel: (757) 930-3660
Fax: (757) 930-3662
Email: lenbennett@clalegal.com
SAN DIEGO, CA: Petition for Habeas Corpus Filed in Alcantara Case
-----------------------------------------------------------------
A Petition for Writ of Habeas Corpus has been filed in the lawsuit
styled as Adrian Rodriguez Alcantara, Yasmani Osorio Reyna, Flor
Calderon Maria Lopez and Mary Doe, on behalf of themselves and all
others similarly situated, Petitioners v. Gregory J. Archambeault
San Diego Field Office Director, Immigration and Customs
Enforcement, James Dobson, Otay Mesa Detention Center Officer in
Charge, Immigration and Customs Enforcement, Jesus Reyna, Calexico
Assistant Field Office Director, Christopher J. LaRose, Senior
Warden, Otay Mesa Detention Center, Sixto Marrero, Facility
Administrator, Imperial Regional Detention Facility, Matthew T.
Albence, Deputy Director and Senior Official Performing the Duties
of the Director of Immigration and Customs Enforcement and Chad
Wolf, Acting Secretary of Homeland Security, Respondents, Case No.
3:20-cv-00756-GPC-AHG (S.D. Cal., April 21, 2020).
The docket of the case states the nature of suit as Prisoner
Petitions - Habeas Corpus - Mandamus & Other.
The Respondents are government representatives.
The Petitioners are represented by:
Monika Yvette Langarica, Esq.
ACLU of San Diego & Imperial Counties
2760 Fifth Avenue
92103
San Diego, CA 92108
Tel: (619) 232-2121
Fax: (619) 232-0036
Email: mlangarica@aclusandiego.org
The Respondents are represented by:
U S Attorney CV
U S Attorneys Office Southern District of California
880 Front Street, Suite 6253
San Diego, CA 92101
Tel: (619) 557-5662
Fax: (619) 557-7122
Email: Efile.dkt.civ@usdoj.gov
SANOFI US: Unit Still Defends Depakine(R) Related Suits
-------------------------------------------------------
Sanofi said in its Form 20-F report filed with the U.S. Securities
and Exchange Commission on March 5, 2020, for the fiscal year ended
December 31, 2019, that as of December 31, 2019, 69 families
brought a civil claim involving approximately 118 people which have
been exposed in utero to sodium valproate, and a class action based
on 14 cases has been filed against a French affiliate of Sanofi
seeking indemnification under French law for personal injuries
allegedly sustained by children in connection with the use of
sodium valproate by their mothers during pregnancy to treat their
epilepsy (Depakine(R) or bipolar disorder condition (Depakote(R)).
These actions are held in several jurisdictions in France.
Sanofi is a global healthcare company, focused on patient needs and
engaged in the research, development, manufacture and marketing of
therapeutic solutions. The company is based in Paris, France.
SERVICE CORP: Faces Taylor Class Suit Over Bait and Switch Scheme
-----------------------------------------------------------------
NANCY TAYLOR, on behalf of herself and all others similarly
situated v. SERVICE CORPORATION INTERNATIONAL; SCI DIRECT, INC.;
SCI FUNERAL SERVICES OF FLORIDA, LLC; S.E. COMBINED SERVICES OF
FLORIDA, LLC; NCS MARKETING SERVICES, LLC; NEPTUNE SOCIETY
MANAGEMENT CORPORATION, and JOHN DOES 1-20, Case No.
0:20-cv-60709-RAR (S.D. Fla., April 6, 2020), accuses the
Defendants of violating the Florida Deceptive and Unfair Trade
Practices Act using a bait and switch scheme in the marketing of
their preneed services and merchandise.
The Plaintiff contends that despite advertising on their website
and elsewhere that "Your money is placed into a state-required
trust fund," the Defendants utilize a bait and switch to induce
customers to enter into agreements in which a majority of their
money is not placed into trust and is not refundable.
According to the complaint, the crux of this scheme is SCI's
"Standard Neptune Plan"--a package that SCI advertises to customers
as a bundled discount on a set of cremation services and
merchandise compared to SCI's a la carte General Price List prices
for those same services. SCI lures customers into purchasing the
Standard Neptune Plan virtually all of its cremation customers
do--by charging them the same amount or a slightly higher amount
than they would charge the customer for the purchase of just the
cremation services.
The Plaintiff alleges that the Defendants violated the Florida
Deceptive and Unfair Trade Practices Act by wrongfully exploiting
the differential statutory treatment of preneed services and
preneed merchandise to decrease the amount of money placed into
trust, decrease the refund to which the purchaser is entitled when
cancelling (thereby discouraging cancellations), and increase the
amount of prepaid money it can put in its own pockets, all to
create larger windfalls and immediate profits for the Defendants
and to the detriment of its customers.
Service Corporation International is an American provider of
funeral goods and services, as well as cemetery property and
services. The Defendants are group of related companies owned and
operated by SCI.[BN]
The Plaintiff is represented by:
Randall P. Ewing, Jr., Esq.
Chad E. Bell, Esq.
KOREIN TILLERY LLC
205 North Michigan Plaza, Suite 1950
Chicago, IL 60601
Telephone: (312) 641-9750
Facsimile: (312) 641-9751
E-mail: rewing@koreintillery.com
cbell@koreintillery.com
- and -
Carol L. O'Keefe, Esq.
KOREIN TILLERY LLC
505 North 7th Street, Suite 3600
St. Louis, MO 63101
Telephone: (314) 241-4844
E-mail: cokeefe@koreintillery.com
- and -
Alec H. Schultz, Esq.
John R. Byrne, Esq.
Jeremy L. Kahn, Esq.
LEÓN COSGROVE, LLP
255 Alhambra Circle, Suite 800
Coral Gables, FL 33134
Telephone: (305) 740-1975
E-mail: aschultz@leoncosgrove.com
jbyrne@leoncosgrove.com
jkahn@leoncosgrove.com
SOUTH CAROLINA: Bid for Writ of Habeas Corpus Filed in Voltz-Loomis
-------------------------------------------------------------------
A Petition for Writ of Habeas Corpus has been filed in the case
styled as Jeanne Voltz-Loomis, Gary Zachariah Thomas, Denise Edgar,
Brandon Moore, Allen Slaughter, Gay Opel Stanley, Brison Akeem
Allison, Protection & Advocacy for People with Disabilities Inc,
John Does 1 through 10 and Jane Roes 1 through 10 on their own and
on behalf of a class of similarly situated persons, Petitioners v.
Henry McMaster, in his official capacity as Governor of the State
of South Carolina, Bryan Stirling in his official capacity as
Director of the South Carolina Department of Corrections, South
Carolina Board of Pardons and Paroles, Christopher F Gibbs, in his
official capacity as member of the South Carolina Board of Pardons
and Paroles, Mollie Dupriest Taylor, in her official capacity as
member of the South Carolina Board of Pardons and Paroles, Dan
Batson, in his official capacity as member of the South Carolina
Board of Pardons and Paroles, Henry S Eldridge, in his official
capacity as member of the South Carolina Board of Pardons and
Paroles, Lonnie Randolph, in his official capacity as member of the
South Carolina Board of Pardons and Paroles and Kim Frederick, in
her official capacity as member of the South Carolina Board of
Pardons and Paroles, Respondents, Case No. 5:20-cv-01533-DCC-KDW
(D. S.C., April 21, 2020).
Protection & Advocacy for People with Disabilities Inc. is a
non-profit organization in Forest Acres, South Carolina.[BN]
The Plaintiffs are represented by:
Shirene Carole Hansotia, Esq.
Charleston County Public Defender's Office
101 Meeting Street
Fifth Floor
Charleston, SC 29401
Tel: (843) 958-1850
Email: shansotia@charlestoncounty.org
- and -
Susan King Dunn, Esq.
American Civil Liberties Union of SC Foundation
PO Box 20998
Charleston, SC 29413
Tel: (843) 282-7953
Fax: (843) 720-1428
Email: sdunn@aclusc.org
SPARK ENERGY: Gillis Class Suit Resolved in Favor of Respond Power
------------------------------------------------------------------
Spark Energy, Inc. said in its Form 10-K report filed with the U.S.
Securities and Exchange Commission on March 5, 2020, for the fiscal
year ended December 31, 2019, that the class action suit entitled,
Gillis et al. v. Respond Power, LLC, has been resolved in Respond
Power's favor.
Gillis et al. v. Respond Power, LLC is a purported class action
lawsuit that was originally filed on May 21, 2014 in the
Philadelphia Court of Common Pleas but was later removed to the
United States District Court for the Eastern District of
Pennsylvania.
On July 16, 2018, the district court granted Respond Power LLC's
motion to dismiss the Plaintiff’s class action claims.
Plaintiffs filed their notice of appeal to the Third Circuit Court
on August 7, 2018. The Third Circuit ruled in favor of Respond
Power on February 3, 2019.
Barring an appeal to the Supreme Court of United States, this
matter has been resolved in Respond Power's favor.
Spark Energy, Inc., through its subsidiaries, operates as an
independent retail energy services company in the United States. It
operates through two segments, Retail Electricity and Retail
Natural Gas. The company engages in the retail distribution of
electricity and natural gas to residential and commercial
customers. The company was founded in 1999 and is headquartered in
Houston, Texas.
SPARK ENERGY: Richardson Case Settlement Wins Initial Okay
----------------------------------------------------------
Spark Energy, Inc. said in its Form 10-K report filed with the U.S.
Securities and Exchange Commission on March 5, 2020, for the fiscal
year ended December 31, 2019, that the court in Richardson et. al.
v. Verde Energy USA, Inc., approved the Parties' settlement.
Richardson et. al. v. Verde Energy USA, Inc. is a purported class
action filed on November 25, 2015 in the United States District
Court for the Eastern District of Pennsylvania alleging that the
Verde Companies violated the Telephone Consumer Protection Act
("TCPA") by placing marketing calls using an automatic telephone
dialing system ("ATDS") or a prerecorded voice to the purported
class members' cellular phones without prior express consent and by
continuing to make such calls after receiving requests for the
calls to cease.
Following discovery and dispositive motions, the Verde Companies
received a favorable ruling on summary judgment with the court
agreeing with the Verde Companies that the call system used in this
case was not an ATDS as defined by the TCPA.
Plaintiffs subsequently amended their petition eliminating their
ATDS claim and including a class based on failure to comply with
the National Do Not Call registry.
As part of an agreement in connection with the acquisition of the
Verde Companies, the original owners of the Verde Companies are
handling this matter.
The parties reached a settlement in this matter.
On January 17, 2020, the court approved the Parties' preliminary
settlement and settlement claims' administration has commenced.
The Company believes it has full indemnity coverage, net of tax
benefit, for the settlement exposure in this case.
Spark Energy, Inc., through its subsidiaries, operates as an
independent retail energy services company in the United States. It
operates through two segments, Retail Electricity and Retail
Natural Gas. The company engages in the retail distribution of
electricity and natural gas to residential and commercial
customers. The company was founded in 1999 and is headquartered in
Houston, Texas.
SPARK ENERGY: Settlement in Albrecht Wins Final Court Approval
--------------------------------------------------------------
Spark Energy, Inc. said in its Form 10-K report filed with the U.S.
Securities and Exchange Commission on March 5, 2020, for the fiscal
year ended December 31, 2019, that the settlement in Albrecht v.
Oasis Power, LLC has received final court approval.
Albrecht v. Oasis Power, LLC is a putative nationwide class action
that was filed on February 12, 2018 in the United States District
Court for the Northern District of Illinois, alleging that Oasis
made illegal prerecorded telemarketing calls, including auto-dialed
calls, to consumers' mobile phones, in violation of the Telephone
Consumer Protection Act ("TCPA") and the Illinois Automatic
Telephone Dialers Act ("ATDA").
Plaintiff sought an injunction requiring Oasis to cease all
unsolicited calling activities, an award of statutory and trebled
damages under the TCPA and the ATDA, as well as costs and
attorney's fees.
The parties have reached a class settlement on behalf of Oasis and
other affiliated brands in the amount of $7.0 million, which
received final court approval on February 6, 2020. Settlement
claims' administration has commenced.
Spark Energy, Inc., through its subsidiaries, operates as an
independent retail energy services company in the United States. It
operates through two segments, Retail Electricity and Retail
Natural Gas. The company engages in the retail distribution of
electricity and natural gas to residential and commercial
customers. The company was founded in 1999 and is headquartered in
Houston, Texas.
SUGAR FACTORY: Boyd Suit Seeks Unpaid Minimum Wages Under FLSA
--------------------------------------------------------------
Samantha Boyd, individually and on behalf of all other similarly
situated v. SUGAR FACTORY, LLC, d/b/a SUGAR FACTORY, a Florida
Limited Liability Corporation, Case No. 8:20-cv-00884 (M.D. Fla.,
April 17, 2020), seeks to recover alleged unpaid minimum wages,
liquidated damages, and other relief under the Fair Labor Standards
Act.
According to the complaint, the Plaintiff typically worked 30 to 40
hours per week. The Defendant paid Plaintiff an hourly wage less
than federal minimum wage (approximately $5.60). In addition, the
Plaintiff earned tips as a server. The Defendant paid the Plaintiff
according to what is commonly referred to as the "tip credit." The
Defendant required Plaintiff to share her tips with other workers.
Specifically, the Defendant required the Plaintiff to tip out other
"back of house," non-tipped employees, such as dishwashers.
The Plaintiff contends that the Defendant's dishwashers do not
server or interact with the Defendant's customers, and servers
should not share tips with back of the house employees. In
addition, an employer shall not pay an employee pursuant to the tip
credit method when the percentage of side work exceeds 20% per
week. As a result, the Defendants were not entitled to utilize the
FLSA's tip credit provision to credit the Plaintiff's tips towards
a portion of their minimum wage obligations, says the complaint.
The Plaintiff worked for the Defendant as a bartender from December
2019 through January 2020.
The Defendant owns and operates a restaurant known as Sugar
Factory.[BN]
The Plaintiff is represented by:
Carlos Leach, Esq.
Bruce A. Mount, Esq.
THE LEACH FIRM, P.A.
1950 Lee Rd., Suite 213
Winter Park, FL 32789
Phone: (407) 574-4999
Facsimile: (833) 423-5864
Email: cleach@theleachfirm.com
bmount@theleachfirm.com
yhernandez@theleachfirm.com
SUNSHINE LIFE: Stein Sues Over Unsolicited Text Messages
--------------------------------------------------------
AXEL STEIN, individually and on behalf of all others
similarly-situated, Plaintiff v. SUNSHINE LIFE & HEALTH ADVISORS,
LLC, Defendant, Filing No. 106315103 (Fla. 11th Cir., April 16,
2020) is a class action against the Defendant for violation of the
Telephone Consumer Protection Act.
According to the complaint, the Defendant sent text messages to the
cellular telephones of the Plaintiff and Class Members using an
automatic telephone dialing system without obtaining prior written
express consent. The Defendant's unsolicited telemarketing scheme
caused damages to the Plaintiff and Class members including slow
cell phone performance, unwanted cell phone charges, and could put
them at risk of identity theft.
Sunshine Life & Health Advisors, LLC is an insurance brokerage that
specializes in life insurance and health insurance with a principal
of business in Miami-Dade County, Florida. [BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
Garrett O. Berg, Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Avenue, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
gberg@shamisgentile.com
- and -
Scott Edelsberg, Esq.
EDELSBERG LAW, PA
20900 NE 30th Ave, Suite 417
Aventura, FL 33180
Telephone: (305) 975-3320
E-mail: scott@edelsberglaw.com
TANDEM DIABETES: Fails to Protect Patient Data, Henrichsen Claims
-----------------------------------------------------------------
SAMANTHA HENRICHSEN, and her minor son, A.R., individually and on
behalf of all others similarly-situated, Plaintiffs v. TANDEM
DIABETES CARE, INC., Defendant, Case No. 3:20-cv-00732-JM-WVG (S.D.
Cal., April 16, 2020) is a class action against the Defendant for
violations of the California Confidentiality of Medical Information
Act, the Illinois Consumer Fraud and Deceptive Business Practices
Act, the Illinois Uniform Deceptive Trade Practices Act,
negligence, invasion of privacy, breach of contract, breach of
implied contract, and unjust enrichment.
The Plaintiffs seek to represent all similarly-situated residents
whose personally identifiably information and protected health
information (PII/PHI) was exposed as a result of the Data Breach
that occurred on or around January 17 to January 20, 2020 and first
acknowledged by Defendant on March 16, 2020. The Plaintiffs allege
that the Defendant breached its duty to the Plaintiffs and Class
members by failing to maintain reasonable and adequate security
measures to secure, protect, and safeguard the PII/PHI it collected
and stored on its network. As a result of Defendant's inadequate
cybersecurity measures, the data breach occurred, and Plaintiffs'
and Class members' PII/PHI was accessed and disclosed.
Tandem Diabetes Care, Inc. is a medical device company that
designs, manufactures, sells, and supports products for people with
insulin-dependent diabetes including insulin pumps, cartridges, and
other related products, with its principal place of business
located at 11075 Roselle Street, San Diego, California. [BN]
The Plaintiffs are represented by:
Timothy G. Blood, Esq.
Paula R. Brown, Esq.
Jennifer L. Macpherson, Esq.
BLOOD HURST & O'REARDON LLP
501 West Broadway, Suite 1490
San Diego, CA 92101
Telephone: (619) 338-1100
Facsimile: (619) 338-1101
E-mail: tblood@bholaw.com
pbrown@bholaw.com
jmacpherson@bholaw.com
- and -
Ben Barnow, Esq.
Erich P. Schork, Esq.
Anthony L. Parkhill, Esq.
BARNOW AND ASSOCIATES P.C.
205 W. Randolph Street, Suite 1630
Chicago, IL 60602
Telephone: (312) 621-2000
Facsimile: (312) 641-5504
E-mail: b.barnow@barnowlaw.com
e.schork@barnowlaw.com
aparkhill@barnowlaw.com
TOWN SPORTS : Danforth Files Suit in New York
---------------------------------------------
A class action lawsuit has been filed against Town Sports
International, LLC. The case is styled as Nancy Danforth, Kristina
Fritsch and Kim Wilson, on behalf of themselves and all others
similarly situated, Plaintiffs v. Town Sports International, LLC
and Town Sports International Holdings, Inc. doing business as: New
York Sports Clubs doing business as: Boston Sports Clubs doing
business as: Washington Sports Clubs doing business as:
Philadelphia Sports Clubs doing business as: Palm Beach Sports Club
doing business as: LIV Fitness Club doing business as: Around the
Clock Fitness doing business as: Lucille Roberts doing business as:
Christie's Fitness doing business as: Total Woman Gym and Spa,
Defendants, Case No. 7:20-cv-03195-UA (S.D.N.Y., April 22, 2020).
The docket of the case states the nature of suit as Contract: Other
filed as a Diversity Action.
Town Sports International, Inc. owns and operates health fitness
clubs.[BN]
The Plaintiffs are represented by:
Katherine Aizpuru, Esq.
Tycko & Zavareei LLP
1828 L Street N.W., Suite 1000
Washington, DC 20036
Tel: (202) 973-0900
Email: kaizpuru@tzlegal.com
TOYOTA MOTOR: Faces Gendron et al. Suit Over Fuel Pump Defect
-------------------------------------------------------------
ELIZABETH GENDRON and ROGER CARTER, individually and on behalf of
all others similarly-situated, Plaintiffs v. TOYOTA MOTOR
CORPORATION; TOYOTA MOTOR NORTH AMERICA, INC.; TOYOTA MOTOR SALES,
USA, INC.; TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA,
INC.; DENSO CORPORATION; and DENSO INTERNATIONAL AMERICA, INC.,
Defendants, Case No. 8:20-cv-00775 (C.D. Cal., April 20, 2020) is a
class action against the Defendants for violations of the
California Civil Code, California Business and Professions Code,
the Magnuson-Moss Warranty Act, and negligence.
The Plaintiffs, individually and on behalf of all others
similarly-situated persons who owned or leased 2013-2019 Toyota and
Lexus vehicles equipped with Denso low-pressure fuel pumps and fuel
pump assemblies that begin with part number prefixes 23220- and
23221-, allege that the Defendants refused to recall all 2013-2019
Toyota and Lexus vehicles with fuel pump defect, which is
inconsistent with Toyota's acknowledgement that the fuel pump
defect presents an immediate risk of physical harm when the Class
vehicles are used in their intended manner and for their ordinary
purpose. The Plaintiffs claim that Toyota has not provided any
remedy yet for the defect, putting Class vehicle owners and lessees
at risk of grave physical harm or even death.
Toyota Motor Corporation is an automobile designer and manufacturer
with principal place of business located at 1 Toyota-Cho, Toyota
City, Aichi Prefecture, Japan.
Toyota Motor North America, Inc. is a holding company of sales,
manufacturing, engineering, and research and development
subsidiaries of Toyota Motor Corp. headquartered at 6565
Headquarters Dr., Plano, Texas.
Toyota Motor Sales, USA, Inc. is a sales and marketing division for
Toyota Motor Corp. headquartered at 6565 Headquarters Dr., Plano,
Texas.
Toyota Motor Engineering & Manufacturing North America, Inc. is a
Plano, Texas-based company responsible for Toyota's engineering
design and development, research and development, and manufacturing
activities in the U.S., Mexico and Canada.
Denso Corporation is global automotive components manufacturer and
the parent company of Denso International America, Inc.,
headquartered at 1-1, Showa-cho, Kariya, Aichi 448-8661, Japan.
Denso International America, Inc. is a company responsible for
Denso Corp.'s North American operations, including design and
production engineering, technical support, sales and finance, with
principal place of business located at 24777 Denso Drive
Southfield, Michigan. [BN]
The Plaintiffs are represented by:
Rachele R. Byrd, Esq.
Marisa C. Livesay, Esq.
Brittany N. Dejong, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
750 B Street, Suite 1820
San Diego, CA 92101
Telephone: (619) 239-4599
Facsimile: (619) 234-4599
E-mail: byrd@whafh.com
livesay@whafh.com
dejong@whafh.com
- and -
Malcolm T. Brown, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Ave.
New York, NY 10016
Telephone: (212) 545-4600
E-mail: brown@whafh.com
TRIUMPH MERCHANT: Bid to Enforce Subpoena Filed in Abante Case
--------------------------------------------------------------
A Motion to Enforce Out of District Subpoena against Triumph
Merchant Solutions, LLC has been filed in the case styled as Abante
Rooter and Plumbing, Inc., a California corporation, individually
and on behalf of all others similarly situated, Petitioner v.
Triumph Merchant Solutions, LLC, a California limited liability
company, Respondent, Case No. 3:20-cv-00754-JAH-BLM (S.D. Cal.,
April 21, 2020).
The docket of the case states the nature of suit as Other Statutory
Actions.
Triumph Merchant Solutions, LLC is a merchant offering credit and
debit card processing services.[BN]
The Plaintiff is represented by:
Aaron D. Aftergood, Esq.
The Aftergood Law Firm
1880 Century Park East, Suite 200
Los Angeles, CA 90067
Tel: (310) 551-5221
Email: aaron@aftergoodesq.com
TRUE WORLD FOODS: Gil BIPA Class Suit Removed to N.D. Illinois
--------------------------------------------------------------
The class action lawsuit captioned as ALEJANDRO GIL and MANUEL
HERNANDEZ, on behalf of themselves and all other persons similarly
situated, known and unknown v. TRUE WORLD FOODS CHICAGO, LLC, Case
No. 2020-CH-2846 (March 9, 2020), was removed from the Illinois
Circuit Court, Cook County, to the U.S. District Court for the
Northern District of Illinois on April 16, 2020.
The Northern District of Illinois Court Clerk assigned Case No.
1:20-cv-02362 to the proceeding.
The complaint alleges that the Defendant violated the Illinois
Biometric Information Privacy Act by using a timekeeping system
that allegedly collected, stored and used the biometric identifiers
and biometric information of individuals the Defendant employed.
True World is a wholesale distributor of fresh and frozen
seafood.[BN]
The Plaintiff is represented by:
James B. Zouras, Esq.
Ryan F. Stephan, Esq.
Catherine T. Mitchell, Esq.
STEPHAN ZOURAS, LLP
100 N Riverside Plaza #2150
Chicago, IL 60606
E-mail: jzouras@stephanzouras.com
rstephan@stephanzouras.com
cmitchell@stephanzouras.com
The Defendant is represented by:
Jody Kahn Mason, Esq.
Katherine H. Oblak, Esq.
JACKSON LEWIS P.C.
150 North Michigan Avenue, Suite 2500
Chicago, IL 60601
Telephone: 312 787 4949
Facsimile: 312 787 4995
E-mail: Jody.Mason@jacksonlewis.com
Katherine.Oblak@jacksonlewis.com
UNITED PARCEL: Watson Labor Suit Removed to C.D. California
-----------------------------------------------------------
The class action lawsuit captioned as SHAMEKA WATSON, individually
and on behalf of all others similarly situated v. UNITED PARCEL
SERVICE, INC., a corporation, and DOES 1 through 25, inclusive,
Case No. 20STCV06300 (Filed Feb. 19, 2020), was removed 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 on April 16, 2020.
The Central District of California Court Clerk assigned Case No.
2:20-cv-03554 to the proceeding.
The Plaintiff alleges violations of the California law, including
the Labor Code, Industrial Welfare Commission Wage Orders, Code of
Civil Procedure, Civil Code, and Business and Professions Code.
These violations include failure to pay reporting-time wages for
shifts that plaintiff allegedly reported for but was not called to
work, and failure to pay minimum wage for time spent in mandatory
security screening, says the complaint.
The Plaintiff contends that she worked at UPS hubs and terminals in
Los Angeles from November 11, 2019, to January 10, 2020. She claims
she was a non-exempt, hourly parcel-and-package loader.
United Parcel is an American multinational package delivery and
supply chain management company.[BN]
United Parcel is represented by:
Shon Morgan, Esq.
John W. Baumann, Esq.
QUINN EMANUEL URQUHART & SULLIVAN, LLP
865 South Figueroa Street, 10th Floor
Los Angeles, CA 90017-2543
Telephone: (213) 443-3000
Facsimile: (213) 443-3100
E-mail: shonmorgan@quinnemanuel.com
jackbaumann@quinnemanuel.com
UNIVERSITY OF PITTSBURGH MEDICAL: Appeals Ruling in Dittman Suit
----------------------------------------------------------------
Defendants UPMC and UPMC McKEESPORT filed an appeal from a court
ruling in the lawsuit styled Dittman, Barbara A., et al. v. UPMC,
et al., Case No. Case No. GD-14-003285, in the Pennsylvania Court
of Common Pleas, Allegheny County.
As previously reported in the Class Action Reporter, the lawsuit
alleges that UPMC violated administrative guidelines and failed to
meet current data security industry standards by failing to ensure
adequate security over its workers' personal and financial
information. As a result of UPMC's' failure to protect this
confidential data, the personal and financial information of its
workers was used to file fraudulent tax returns.
According to the complaint, UPMC had a duty to protect the private,
highly sensitive, confidential personal and financial information
and the tax documents of Plaintiffs and the members of the proposed
Classes. UPMC failed to safeguard and prevent vulnerabilities from
being taken advantage of in its computer system. When UPMC first
confirmed the identity thefts in February 2014, it stated that only
22 workers were affected by the Data Breach. By March 5, 2014, UPMC
reported that 322 of its employees' personal and financial
information had been stolen. By April 17, 2014, UPMC admitted as
many as 27,000 workers' personal and financial information has been
compromised, and that at least 788 employees have been the victims
of tax fraud.
The appellate case is captioned as UPMC d/b/a THE UNIVERSITY OF
PITTSBURGH MEDICAL CENTER and UPMC McKEESPORT Petitioner v. BARBARA
A. DITTMAN, GARY R. DOUGLAS, ALICE PASTIRIK, JOANN DECOLATI, TINA
SORRENTINO, KRISTEN CUSHMAN, and SHANNON MOLYNEAUX, Individually
and on behalf of all others similarly situated, Case No. 35 WDM
2020, in the Superior Court of Pennsylvania.
The University of Pittsburgh Medical Center is a nonprofit that
melds community mission with entrepreneurial business models.[BN]
The Plaintiffs-Respondents are represented by:
Gary F. Lynch, Esq.
CARLSON LYNCH LLP
1133 Penn Ave., 5th Floor
Pittsburgh, PA 15222
Phone: (724) 656-1555
E-mail: glynch@carlsonlynch.com
The Defendants-Petitioners are represented by:
Steven Lawrence Ettinger, Esq.
John C. Conti, Esq.
DICKIE, MCCAMEY & CHILCOTE, PC
2 Ppg Pl., Ste. 400
Pittsburgh, PA 15222
Phone: (412) 281-7272
E-mail: settinger@dmclaw.com
jconti@dmclaw.com
VINTAGE CAPITAL: Faces Parker Suit in Delaware Chancery Court
-------------------------------------------------------------
A class action lawsuit has been filed against Vintage Capital
Management, LLC, et al. The case is captioned as JAMES E. PARKER,
Individually and On Behalf of All Others Similarly Situated v.
MATTHEW E. AVRIL, HENRY E. BARTOLI, THOMAS A. CHRISTOPHER, CYNTHIA
S. DUBIN, BRIAN R. KAHN, ANNE R. PRAMAGGIORE, KENNETH SIEGEL,
KENNETH YOUNG, VINTAGE CAPITAL MANAGEMENT, LLC, and B. RILEY
FINANCIAL, INC. (Nonresident Defendants), and BABCOCK & WILCOX
ENTERPRISES, INC. (Nominal Defendant), Case No. 2020-0280-PAF (Del.
Ch., April 14, 2020).
The lawsuit asserts claim against the Defendants for breaches of
fiduciary duties. The case is assigned to the Hon. Judge Paul A.
Fioravanti Jr.
Vintage Capital provides investment management services. The
company offers asset management, investment advisory, financial
planning, investment supervisory services. B. Riley Financial,
Inc., is a publicly traded, diversified financial services company,
which takes a collaborative approach to the capital raising and
financial advisory needs of public and private companies and high
net worth individuals.
Babcock & Wilcox provides advanced energy and environmental
technologies and services for the power, renewable and industrial
markets. The Nonresident Defendants are officers and/or directors
of Babcock & Wilcox Enterprises, Inc.[BN]
The Plaintiff is represented by:
Donald J. Enright, Esq.
Elizabeth K. Tripodi, Esq.
Jordan A. Cafritz, Esq.
LEVI & KORSINSKY, LLP
1101 30th Street, N.W., Suite 115
Washington, DC 20007
Telephone: (202) 524-4290
- and -
Richard D. Heins, Esq.
Stephen E. Jenkins, Esq.
500 Delaware Avenue, 8th Floor
Wilmington, DE 19801
Telephone: (302) 654-1888
WANDERERS CLUB: Coppola et al. Seek OT Pay for Sports Club Staff
----------------------------------------------------------------
The case, PATRICK COPPOLA and PAMELA SPIGARELLI, individually and
on behalf of all others similarly-situated v. WANDERERS CLUB
PARNTERS, LLC and WANDERERS CLUB HOLDINGS, LLC, Defendants, Case
No. 9:20-cv-80647-AHS (S.D. Fla., April 16, 2020), arises from the
Defendants' violations of the Fair Labor Standards Act.
The Plaintiffs, on behalf of themselves and all others
similarly-situated non-exempt employees, allege that starting in or
about December 2017, the Defendants began to deny them overtime
premium compensation based on a legally flawed application of the
seasonal amusement and recreational exemption of Section 13(a)(3)
of the FLSA. The Plaintiffs claim that the Defendants do not
legally qualify for the exemption as The Wanderers Club is open for
business year round and the exemption is only available to
establishments that operate for no more than seven months in any
calendar year.
Plaintiff Coppola was employed by the Defendants as a locker room
attendant and a guest services manager from approximately 2015
until early 2019.
Plaintiff Spigarelli was employed by the Defendants as a non-tipped
bartender and banquet server from approximately 2014 until
approximately July 25, 2019.
Wanderers Club Partners, LLC is an operator of a sports and
recreation club business called The Wanderers Club located at 1900
Aero Club Drive, Wellington, Florida.
Wanderers Club Holdings, LLC is a limited liability company which
maintains a principal place of business at 13501 South Shore
Boulevard, Suite 103, Wellington, Florida. [BN]
The Plaintiffs are represented by:
Martin J. Sobol, Esq.
Wade D. Albert, Esq.
SOBOL LAW GROUP P.C.
1845 Walnut Street, 23rd Floor
Philadelphia, PA 19103
Telephone: (215) 988-0100
Facsimile: (215) 988-0193
E-mail: msobol@sobollaw.com
wal bert@sobollaw.com
- and -
Cathleen Scott, Esq.
SCOTT WAGNER & ASSOCIATES P.A.
Jupiter Gardens
250 South Central Boulevard, Suite 104-A
Jupiter, FL 33458
Telephone: (561) 653-0008
Facsimile: (561) 653-0020
E-mail: CScott@scottwagnerlaw.com
mail@scottwagnerlaw.com
WASTE MANAGEMENT: Bleachtech LLC Files Suit in Virginia
-------------------------------------------------------
A class action lawsuit has been filed against Waste Management of
Virginia, Inc. The case is styled as Bleachtech, LLC, on behalf of
itself and all others similarly situated, Plaintiff v. Waste
Management of Virginia, Inc., Defendant, Case No. 3:20-cv-00296
(E.D. Va., April 22, 2020).
The docket of the case states the nature of suit as Contract: Other
filed over Diversity-Other Contract.
Waste Management of West Virginia Inc. provides environmental
solutions. The Company offers recycling facilities, transfer
stations, and land fills.[BN]
The Plaintiff is represented by:
Leonard Anthony Bennett, Esq.
Consumer Litigation Associates
763 J Clyde Morris Boulevard, Suite 1A
Newport News, VA 23601
Tel: (757) 930-3660
Fax: (757) 930-3662
Email: lenbennett@clalegal.com
WELBILT INC: MTA Appeals M.D. Fla. Ruling to Eleventh Circuit
-------------------------------------------------------------
Plaintiff Metropolitan Transportation Authority Defined Benefit
Pension Plan Master Trust filed an appeal from a court ruling
issued in its lawsuit styled The Metropolitan Transportation, et
al. v. Welbilt, Inc., et al., Case No. 8:18-cv-03007-JSM-AEP, in
the U.S. District Court for the Middle District of Florida.
As previously reported in the Class Action Reporter, the lawsuit is
a federal securities class action brought on behalf of all
investors, who purchased or otherwise acquired Welbilt common stock
between February 24, 2017, and November 2, 2018, inclusive.
The complaint alleges that throughout the class period, Welbilt
made materially false and/or misleading statements and/or failed to
disclose that: (i) the Company lacked effective internal control
over financial reporting; (ii) the Company was incorrectly
recording the tax basis of foreign subsidiaries and the
amortization of their intangible assets; and (iii) as a result, the
Defendants' statements about Welbilt's business, operations, and
prospects, were false and misleading and/or lacked a reasonable
basis.
The appellate case is captioned as The Metropolitan Transportation,
et al. v. Welbilt, Inc., et al., Case No. 20-11285, in the United
States Court of Appeals for the Eleventh Circuit.[BN]
Plaintiffs–Appellants THE METROPOLITAN TRANSPORTATION AUTHORITY
DEFINED BENEFIT PENSION PLAN MASTER TRUST, Individually and o/b/o
all others similarly situated, et al., are represented by:
Regina M. Calcaterra, Esq.
Patrick Donovan, Esq.
Matthew M. Guiney, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ, LLP
270 Madison Ave.
New York, NY 10016
Telephone: (212) 545-4600
E-mail: donovan@whafh.com
guiney@whafh.com
– and –
Kenneth A. Tomchin, Esq.
TOMCHIN & ODOM, P.A.
6816 Southpoint Pkwy., Ste. 400
Jacksonville, FL 32216
Telephone: (904) 353-6888
Defendants-Appellees WELLBILT, INC., et al., are represented by:
Harold K. Gordon, Esq.
Andrew S. Kleinfeld, Esq.
JONES DAY
250 Vesey St.
New York, NY 10281-1047
E-mail: hkgordon@jonesday.com
hkgordon@jonesday.com
– and –
John C. Tang, Esq.
JONES DAY
555 California St., Fl. 26
San Francisco, CA 94104-1602
Telephone: (415) 626-3939
E-mail: askleinfeld@jonesday.com
– and –
Dennis Parker Waggoner, Esq.
HILL WARD & HENDERSON, PA
101 E Kennedy Blvd., Ste. 3700
Tampa, FL 33602
Telephone: (813) 221-3900
WELLS FARGO: Misrepresents PPP Loan Services, BSJA Suit Alleges
---------------------------------------------------------------
BSJA, Inc., a California corporation and Alexhd, LLC, a California
limited liability company, individually and on behalf of a class of
similarly situated businesses and individuals v. WELLS FARGO & CO.,
WELLS FARGO BANK, N.A.; and DOES 1-10, inclusive, Case No.
2:20-cv-03588 (C.D. Cal., April 19, 2020), alleges that the
Defendants violated the California Unfair Competition Law and the
California False Advertising Law by making false and misleading
representations concerning the nature of the services they would be
providing as Paycheck Protection Program loan administrators.
The Plaintiffs assert that they are small business owners that
reasonably relied on Wells Fargo's affirmative representations,
communications, and advertising in making the choice to apply for
their one Paycheck Protection Program ("PPP") loan through Wells
Fargo, not knowing that, contrary to those representations, Wells
Fargo would prioritize large borrowers, making it less likely that
they would be able to obtain a loan through the PPP.
According to the complaint, Wells Fargo has, once again,
prioritized corporate greed at the expense of its small business
customers. Rather than processing PPP applications on a first-come,
first-served basis as required by the rules governing that program,
Wells Fargo prioritized loan applications seeking higher loan
amounts because processing those applications first generated
larger loan origination fees for the banks. Making matters worse,
Wells Fargo concealed from the public that it was reshuffling the
PPP applications it received and prioritizing the applications that
would make the bank the most money. As a result, thousands of small
businesses--including the Plaintiffs--trusted that Wells Fargo
would process the applications on a first come, first served
basis.
Had Wells Fargo been honest, small businesses could have (and would
have) submitted their PPP applications to other financial
institutions that were processing applications on a first-come,
first-served basis, the Plaintiffs contend. As a result of Wells
Fargo's dishonest and deplorable behavior, however, thousands of
small businesses that were entitled to loans under the PPP were
left with nothing because Wells Fargo chose to maximize its loan
origination fees rather than comply with the rules of the program
and serve the needs of its small business customers, says the
complaint.
Plaintiff BSJA, Inc. is a small business that provides automotive
repair to the local community. Plaintiff Alexhd, LLC is a small
business that operates a frozen yogurt shop in the local
community.
WELLS FARGO & CO. is a diversified financial services company
providing banking, insurance, investments, mortgage banking and
consumer finance to individuals, businesses and institutions in all
50 states and internationally.[BN]
The Plaintiffs are represented by:
Dylan Ruga, Esq.
Ji-In Lee Houck, Esq.
David M. Angeloff, Esq.
STALWART LAW GROUP
1100 Glendon Avenue, Suite 1840
Los Angeles, CA 90024
Phone: (310) 954-2000
Email: dylan@stalwartlaw.com
jiin@stalwartlaw.com
david@stalwartlaw.com
WYNDHAM VACATION: Ramirez Labor Suit Removed to C.D. California
---------------------------------------------------------------
The class action lawsuit captioned as OLIVIA ROSE RAMIREZ and
KRYSTAL PECORARO, as individuals and on behalf of all others
similarly situated v. WYNDHAM VACATION OWNERSHIP, INC., a Delaware
Corporation; and DOES 1-100, Case No. 20CV00759 (Filed Feb. 5,
2020), was removed from the Superior Court of the State of
California for the County of Santa Barbara to the U.S. District
Court for the Central District of California on April 16, 2020.
The Central District of California Court Clerk assigned Case No.
2:20-cv-03528 to the proceeding.
The Plaintiffs' complaint alleges causes of action, including
failure to pay all overtime wages and minimum wage and failure to
provide meal and rest periods in violation to the California Labor
Code.
Wyndham was founded in 2007. The Company's line of business
includes renting, buying, selling and appraising real estate.[BN]
Defendant Wyndham is represented by:
Anthony Todaro, Esq.
Benjamin Gipson, Esq.
Alexandria Cates, Esq.
DLA PIPER LLP (US)
2000 Avenue of the Stars
North Tower, Suite 400
Los Angeles, CA 90067-4704
Telephone: 310 595 3000
Facsimile: 310 595 3300
E-mail: anthony.todaro@us.dlapiper.com
ben.gipson@us.dlapiper.com
alexandria.cates@us.dlapiper.com
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