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CLASS ACTION REPORTER
Thursday, September 12, 2019, Vol. 21, No. 183
Headlines15 JOHN CORP: LaJaunie Appeals From Judgment in Murphy FLSA Suit
3M COMPANY: Removes Combat Arms Earplugs Suit to W.D. Ky.
ACARDIA RECOVERY: Thomas Files FDCPA Suit in S.D. Ohio
AKORN INC: Ruling on Plaintiff Counsel Fees under Appeal
AMERICAN INT’L: Artiste Suit Moved to Central Dist. of California
ARS NATIONAL: Armitage Files FDCPA Suit in Illinois
ARS NATIONAL: Maymi Files FDCPA Suit in E.D. New York
ATLANTIC CREDIT: Faces Lopez Suit in District of New Jersey
BEL USA: Reid Asserts Breach of Disabilities Act
BEST BUDZ: Fails to Pay Technicians’ Minimum & OT Wages, Lee Says
BLACKBAUD INC: Brown Appeals C.D. California Ruling to 9th Cir.
CADILLAC LOUNGE: Fails to Pay Dancers Minimum Wages, Molina Says
CAPITAL ONE: Stirnweis Seeks OT Pay for Insurance Specialists
CARDINAL HEALTH: Nguyen Seeks Overtime Wages for Pharmacists
CAWLEY & BERGMANN: Muldowney Files FDCPA Class Action in New York
CELLECTRIC ELECTRICAL: Sherman Suit Alleges Breach of Contract
CENTENE CORPORATION: Fails to Pay Proper Wages, Del Toro Says
CHARTER COMMUNICATIONS: Removes Gonzales Suit to C.D. California
CHESAPEAKE LODGING: Agrees to Resolve Kent Class Action
CLOUDERA INC: Still Defends 3 Securities Class Suit in California
COLLECTION RESOURCES: Duffy Files FDCPA Suit in W.D. Michigan
CONDOR HOSPITALITY: NexPoint Merger Docs Omit Info, Sabatini Says
CONDOR HOSPITALITY: Raul Challenges Proposed Sale to NexPoint
CREDENCE RESOURCE: Diez Asserts Breach of FDCPA in New York
CRST EXPEDITED: Tapia Suit Moved to Central District of California
DAVID MARCUS: Ybarra Seeks Overtime Pay for Office Staff
DELTA AIRLINES: Ruling in Pimentel Labor Suit under Appeal
ENCORE HEALTH: Jones et al. Suit Transferred to E.D. Pennsylvania
EXPRESS SCRIPTS: Harrod Appeals Class Cert. Bid Denial to 11th Cir.
EXXONMOBIL OIL: Kendig Suit Underway in C.D. California
FAIR COLLECTIONS: Ali Files FDCPA Suit in E.D. New York
FINISAR CORP: Ruling in Calif. Securities Class Suit under Appeal
FORD MOTOR: Ardent Sues over Deceptive Fuel Economy Ratings
GEICO CASUALTY: Tenth Circuit Appeal Initiated in Pearson Suit
GEICO GENERAL: Williams Files Class Action for Breach of Contract
GLOBAL CUSTOM COMMERCE: Diaz Files ADA Suit in S.D. New York
GREENVIEW PROPERTIES: Edwards, et al Seek OT Pay for Laborers
HELLERMANNTYTON CORP: Smith Suit Moved to E.D. Wisconsin
HOME DEPOT: Brunson Files PI Class Suit in Georgia
HORIZON TALK: Has Made Unsolicited Calls, Castillo Suit Claims
HP INC: Parziale Class Suit Seeks to Stop Unfair Business Practices
HUNTER WARFIELD: Rapponotti Files FDCPA Suit in W.D. Texas
JACKSON HEWITT: Hancock Suit Transferred to W.D. Texas
JAEBUDO INC: Kim Seeks Unpaid Wages for Employees
JUUL LABS: Misrepresents Nicotine Content, Suit Claims
KAMY INVESTMENTS: Fails to Pay Minimum or OT Wages, Marquis Says
KOPELOWITZ OSTROW: Faces Suit over 1 Global Investment Fraud
LA PERLA: Reid Alleges Violation under Disabilities Act
LILIS 200 WEST: Underpays Deliver Drivers, Chen Suit Alleges
MDL 2919: Consolidation of Fuel Pump Cases v GM, Ford & FCA Sought
MEDICAL DATA: Stallworth Sues over Debt Collection Practices
MID AMERICA MORTGAGE: Fails to Pay Proper FLSA Wages, Knight Says
NELSON & KENNARD: Bonilla Files FDCPA Suit in E.D. New York
NEW PRIME: Removes Hansen Labor Suit to C.D. Calif.
NEW YORK: BOD Files 4 Appeals in Gulino Suit to 2nd Circuit
NEW YORK: Faces Allen et al Suit in Southern District of New York
PAMPERED CHEF: Slade Asserts Breach of Disabilities Act
PENN CREDIT: Faces Hartman Suit in District of New Jersey
PETTIGREW CREWING: Removes Landy Labor Suit to C.D. California
PG CUTTING: Vega Seeks Minimum Wage for Machine Operators
PHONEPOWER INC: Reid Files ADA Suit in S.D. New York
PIER A BATTERY PARK: Rios Files ADA Suit in New York
PITTSBURGH FONDUE: Vaughn Seeks Minimum Wage for Tipped Employees
RIO TINTO: Colbert Appeals Securities Suit Dismissal to 2nd Cir.
ROBERTITO’S TACO: Garcia Seeks Overtime Pay for Waitresses
SAREPTA THERAPEUTICS: Salinger Sues over Drug Trial Reports
SEATTLE CITY LIGHT: Deien Sues over Incorrect Billing
SENNHEISER ELECTRONIC: Diaz Files ADA Suit in S.D. New York
SIERRA TRADING POST: Reid Files ADA Suit in S.D. New York
SIGNPOST INC: Violates TCPA, Loftus Class Suit Asserts
SJV USA INC: Diaz Files ADA Suit in S.D. New York
STEVEN COHEN: Ortiz Files FDCPA Class Action in New York
STRAUS & ASSOCIATES: Spears Sues over Debt Collection Practices
SUN BUM SUNCARE: Conner Files ADA Class Action
SUNCOAST CREDIT: Loomis Balks at Multiple Insufficient Funds Fees
SWEETWATER SOUND: Reid Files ADA Suit in S.D. New York
TOP FLITE: Fabricant Sues over Unsolicited Calls & Text Messages
TOP SHIPS: Onel Appeals Brady Suit Dismissal to 2nd Circuit
TRUSTED MEDIA: Tovey Suit Moved to Southern District of California
UBS FINANCIAL: Lampkin Asks Supreme Ct. to Review Case Dismissal
UNITED INDUSTRIES: Bassaw Says Pesticide Not Effective
UNITED STATES: Smith Files Class Suit in Federal Claims Ct.
USHEALTH GROUP: Jones Suit Removed to Kansas Dist. Ct.
VECTOR STRUCTURAL: Osorio Suit Moved From S.D.N.Y. to E.D.N.Y.
VERINT SYSTEMS: Mediation Ongoing in Class Suit Against Unit
VINTAGE KING AUDIO: Diaz Files ADA Suit in S.D. New York
WANGS ALLIANCE: Lovelace Seeks OT Wages for Manual Workers
WHIRLPOOL CORP: Schechner Submits Sealed Appeal to Sixth Circuit
WOODLANDS FRANCHISE: Ivory Seeks to Recover Overtime Pay Under FLSA
*********15 JOHN CORP: LaJaunie Appeals From Judgment in Murphy FLSA Suit
Defendant Philippe LaJaunie filed an appeal from a District Court
judgment issued on August 1, 2019, in the lawsuit entitled Ethan
Murphy, et al. v. Philippe Lajaunie, et al., Case No.
1:13-cv-06503, in the U.S. District Court for the Southern District
of New York (New York City).
The appellate case is captioned as Murphy, et al. v. LaJaunie, Case
No. 19-2705, in the United States Court of Appeals for the Second
Circuit.
As previously reported in the Class Action Reporter, Mr. LaJaunie
filed an appeal from a court order entered on August 10, 2016.
That appellate case is styled Ethan Murphy, et al. v. Philippe
Lajaunie, et al., Case No. 16-3114.
Philip Lajaunie is the president of 15 John Corp. The Company
sought protection under Chapter 11 of the Bankruptcy Code (Bankr.
S.D.N.Y. Case No. 16-12453) on August 25, 2016.
The lawsuit alleges violations of the Fair Labor Standards Act.
Defendant-Appellant Philippe LaJaunie, of New York City, appears
pro se.[BN]
Plaintiffs-Appellees Ethan Murphy, et al., are represented by:
Denise Andrea Schulman, Esq.
JOSEPH & KIRSCHENBAUM LLP
32 Broadway, Suite 601
New York, NY 10004
Telephone: (212) 688-5640
Facsimile: (212) 688-2548
E-mail: denise@jhllp.com3M COMPANY: Removes Combat Arms Earplugs Suit to W.D. Ky.
The Defendants remove case captioned as BENJAMIN TYLER MCDOUGLE, on
behalf of himself and all others similarly situated, the Plaintiff,
vs. 3M COMPANY; 3M OCCUPATIONAL SAFETY LLC; AEARO HOLDINGS, LLC;
AEARO INTERMEDIATE, LLC; AEARO, LLC; and AEARO TECHNOLOGIES, LLC,
the Defendants, Case No. 19–CI–01029 (Filed July 26, 2019),
from Circuit Court of Warren County, Kentucky, to the United States
District Court for the Western District of Kentucky, Bowling Green
Division on Aug. 30, 2019. The Western District of Kentucky Court
Clerk assigned Case No. 1:19-cv-00115-GNS to the proceeding.
McDougle filed the products-liability action alleging that
dual-ended Combat Arms earplugs he was provided during his military
service and allegedly designed or manufactured by the “Aearo
Defendants” were defective. McDougle began his military service in
2014 and was discharged in 2016, the same year he was allegedly
diagnosed with noise induced hearing loss. McDougle seeks
compensatory damages, with interest, costs of suit, and attorneys’
fees, and punitive damages.[BN]
Counsel for the Plaintiff are:
David O'Brien Suetholz, Esq.
J. Gerrard Stranch, IV, Esq.
BRANSTETTER, STRANCH & JENNINGS, PLLC
515 Park Avenue
Louisville, KY 40208
Telephone: (502) 636–4333
E-mail: davids@bsjfirm.com
gerards@bsjfirm.comCounsel for the Defendants are:
Byron N. Miller, Esq.
Michael J. Bender, Esq.
THOMPSON MILLER & SIMPSON PLC
734 West Main Street, Suite 400
Louisville, KY 40202
Telephone: (502) 585-9900
Facsimile: (502) 585-9993
E-mail: bmiller@tmslawplc.com
mbender@tmslawplc.comACARDIA RECOVERY: Thomas Files FDCPA Suit in S.D. Ohio
A class action lawsuit has been filed against Arcadia Recovery
Bureau, LLC. The case is styled as Mary Thomas individually and on
behalf of all others similarly situated, Plaintiff v. Arcadia
Recovery Bureau, LLC, John Does 1-25, Defendants, Case No.
2:19-cv-03868-EAS-EPD (S.D. Ohio, Sept. 5, 2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Arcadia Recovery Bureau has been providing accounts receivable
management solutions to organizations seeking to bridge the gap
between services rendered and payments received since 1973.[BN]
The Plaintiff is represented by:
Amichai Eitan Zukowsky, Esq.
23811 Chagrin Blvd., Ste. 160
Beachwood, OH 44122
Phone: (216) 800-5529
Fax: (216) 514-4987
Email: ami@zukowskylaw.comAKORN INC: Ruling on Plaintiff Counsel Fees under Appeal
The case SHAUN HOUSE, On Behalf of Himself and All Others Similarly
Situated, the Plaintiff, v. AKORN, INC., JOHN N. KAPOOR, KENNETH S.
ABRAMOWITZ, ADRIENNE L. GRAVES, RONALD M. JOHNSON, STEVEN J. MEYER,
TERRY A. RAPPUHN, BRIAN TAMBI, and ALAN WEINSTEIN, the Defendants,
Case No. 19-2408, is an appeal filed on July 24, 2019 by Plaintiff
to the United States Court of Appeals for the Seventh Circuit from
the Court’s Memorandum Opinion and Order dated June 24, 2019, which
ordered Plaintiff’s counsel to return the attorney’s fees the
Defendants agreed to pay.
House et al sued Akorn and members of its board of directors
seeking certain disclosures regarding a proposed acquisition by
Frensenius Kabi AG. See 17 C 5018, R. 53 (House v. Akorn, Inc.,
2018 WL 4579781 (N.D. Ill. Sept. 25, 2018)); 17 C 5016, R. 81 (Berg
v. Akorn, Inc., 2017 WL 5593349 (N.D. Ill. Nov. 21, 2017)). After
Akorn revised its proxy statement and issued a Form 8-K, Plaintiffs
dismissed their lawsuits and settled for attorney’s fees.
Shortly thereafter, Theodore Frank, an owner of 1,000 Akorn shares,
sought to intervene to object to the attorneys’ fee settlement. The
Court eventually denied Frank’s motion to intervene, but in light
of Frank’s arguments, ordered Defendants to file a brief addressing
whether the Court should exercise its inherent authority to
abrogate the settlement agreements under the standard set forth In
re Walgreen Co. Stockholder Litigation, 832 F.3d 718, 725 (7th Cir.
2016).[BN]
Counsel for the Plaintiff are:
Miles D. Schreiner, Esq.
Juan E. Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Avenue, Suite 4405
New York, NY 10118
Telephone.: (212) 971-1341
Facsimile: (212) 202-7880
E-mail: mschreiner@monteverdelaw.com
jmonteverde@monteverdelaw.com
- and -
Paul D. Malmfeldt, Esq.
BLAU & MALMFELDT
566 West Adams Street, Suite 600
Chicago, IL 60661
Telephone: (312) 443-1600
Facsimile: (312) 443-1665
E-mail: pmalmfeldt@blau-malmfeldt.comAMERICAN INT’L: Artiste Suit Moved to Central Dist. of California
The case, Maison D Artiste, individually and on behalf of other
persons similarly situated, the Plaintiff, vs. American
International Group, Inc., Lexington Insurance Company, and Does
1-100, the Defendants, Case No. 19STCV26391, was removed from the
Superior Court County of Los Angeles, to the U.S. District Court
for the Central District of California (Western Division – Los
Angeles) on Aug 30, 2019. The Central District of California Court
Clerk assigned Case No. 2:19-cv-07574 to the proceeding. The suit
demands $5 million in damages and alleges insurance-related
issues.
American International is an American multinational finance and
insurance corporation with operations in more than 80 countries and
jurisdictions. As of December 31, 2016, AIG companies employed
56,400 people.[BN]
The Plaintiff appears pro se.
Attorneys for the Defendants are:
Sonia Renee Martin, Esq.
DENTONS US LLP
Spear Tower
One Market Plaza 24th Floor
San Francisco, CA 94105
Telephone: (415) 882-2476
Facsimile: (415) 267-4198
E-mail: sonia.martin@dentons.comARS NATIONAL: Armitage Files FDCPA Suit in Illinois
A class action lawsuit has been filed against ARS National Services
Inc. The case is styled as Linda Armitage on behalf of herself and
others similarly situated, Plaintiff v. ARS National Services Inc.,
Defendant, Case No. 1:19-cv-05958 (N.D. Ill., Sept. 5, 2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
ARS National Services, Inc. offers accounts receivable management
services. It caters to financial services organizations; banks; and
credit card companies. The company is based in Escondido,
California.[BN]
The Plaintiff is represented by:
Celetha Chatman, Esq.
Michael Jacob Wood, Esq.
Community Lawyers Group, Ltd.
20 North Clark Street, Suite 3100
Chicago, IL 60602
Phone: (312) 757-1880
Email: cchatman@communitylawyersgroup.com
mwood@communitylawyersgroup.comARS NATIONAL: Maymi Files FDCPA Suit in E.D. New York
A class action lawsuit has been filed against ARS National Services
Inc. The case is styled as Wilson Maymi individually and on behalf
of all others similarly situated, Plaintiff v. ARS National
Services Inc., Defendant, Case No. 1:19-cv-05046 (E.D. N.Y., Sept.
5, 2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
ARS National Services, Inc. offers accounts receivable management
services. It caters to financial services organizations; banks; and
credit card companies. The company is based in Escondido,
California.[BN]
The Plaintiff is represented by:
David M. Barshay, Esq.
Craig B. Sanders, Esq.
Barshay Sanders, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (516) 203-7600
Fax: (516) 281-7601
Email: dbarshay@barshaysanders.com
csanders@barshaysanders.comATLANTIC CREDIT: Faces Lopez Suit in District of New Jersey
A class action lawsuit has been filed against Atlantic Credit &
Finance, Inc. The case is captioned as JOSE LOPEZ, on behalf of him
and all others similarly situated, the Plaintiff, vs. ATLANTIC
CREDIT & FINANCE, INC., the Defendant, Case No.
2:19-cv-17033-KSH-CLW (D.N.J., Aug 21, 2019). The suit alleges
violation of Fair Debt Collection Act. The case is assigned to the
Hon. Judge Katharine S. Hayden.
Atlantic Credit provides financial services. The Company offers
unsecured and consumer distressed assets, as well as collection and
management services. Atlantic Credit & Finance serves clients in
the States of Virginia and Minnesota.[BN]
Attorneys for the Plaintiff are:
Lawrence C. Hersh, Esq.
17 Sylvan Street, Suite 102B
Rutherford, NJ 07070
Telephone: (201) 507-6300
E-mail: lh@hershlegal.comBEL USA: Reid Asserts Breach of Disabilities Act
Bel USA LLC is facing a class action lawsuit filed pursuant to the
Americans with Disabilities Act. The case is styled as Valentin
Reid, other on behalf of himself and all others similarly situated,
Plaintiff v. Bel USA LLC, Defendant, Case No. 1:19-cv-08242 (S.D.
N.Y., Sept. 4, 2019).
Bel USA LLC is a printer and online retailer of customized
promotional products, including mugs, drinkware, t-shirts, tote
bags, pens and a variety of other printed items.[BN]
The Plaintiff is represented by:
David Paul Force, Esq.
Stein Saks, PLLC
285 Passaic Street
Hackensack, NJ 07601
Tel: (201) 282-6500
Email: dforce@steinsakslegal.com
BEST BUDZ: Fails to Pay Technicians’ Minimum & OT Wages, Lee Says
COURTNEY LEE, on behalf of herself and all others similarly
situated v. BEST BUDZ LLC, a Colorado limited liability company,
and TYSON RINGSTROM, an individual, Case No. 1:19-cv-02430 (D.
Colo., Aug. 27, 2019), is brought on behalf of all cannabis
trimmers, harvesters, grow technicians, cultivators, and like
positions employed by Best Budz in Colorado for alleged violations
of the Fair Labor Standards Act.
The Plaintiff alleges that the Defendants violated the FLSA and the
applicable Colorado Minimum Wage Order by failing to pay
technicians (regardless of actual job title) (i) the applicable
minimum wage for all hours worked; and (ii) overtime compensation
at the proper regular rates of pay.
Best Budz is a Colorado limited liability company having a
principal office address of 3729 Austin Bluffs Parkway, in Colorado
Springs, Colorado. Mr. Ringstrom is the sole member of Best Budz.
The Defendants operate a cannabis retail dispensary.[BN]
The Plaintiff is represented by:
Paul F. Lewis, Esq.
Michael D. Kuhn, Esq.
Andrew E. Swan, Esq.
LEWIS KUHN SWAN PC
620 North Tejon Street, Suite 101
Colorado Springs, CO 80903
Telephone: (719) 694-3000
Facsimile: (866) 515-8628
E-mail: plewis@lks.law
mkuhn@lks.law
aswan@lks.lawBLACKBAUD INC: Brown Appeals C.D. California Ruling to 9th Cir.
Plaintiff William Brown filed an appeal from a Court ruling in the
lawsuit titled William Brown v. Blackbaud, Inc., Case No.
2:18-cv-03549-AB-KS, in the U.S. District Court for the Central
District of California, Los Angeles.
As previously reported in the Class Action Reporter, the lawsuit
was initiated on April 26, 2018, and assigned to Judge Andre
Birotte Jr. and referred to Magistrate Judge Karen L. Stevenson.
Blackbaud, Inc. provides cloud software solutions to nonprofits,
foundations, corporations, education institutions, healthcare
organizations, and other charitable giving entities primarily in
the United States, Canada, the United Kingdom, and Australia.
Blackbaud, Inc. was founded in 1981 and is headquartered in
Charleston, South Carolina.
The appellate case is captioned as William Brown v. Blackbaud,
Inc., Case No. 19-55990, in the United States Court of Appeals for
the Ninth Circuit.
The briefing schedule in the Appellate Case is set as follows:
— Transcript must be ordered by September 23, 2019;
— Transcript is due on October 22, 2019;
— Appellant William Brown’s opening brief is due on
December 2, 2019;
— Appellee Blackbaud, Inc.’s answering brief is due on
December 31, 2019;
— Appellant’s optional reply brief is due 21 days after
service of the answering brief.[BN]
Plaintiff-Appellant WILLIAM BROWN, on Behalf of Himself and all
Others Similarly Situated, is represented by:
Yeremey O. Krivoshey, Esq.
Lawrence Timothy Fisher, Esq.
Joel D. Smith, Esq.
BURSOR & FISHER, P.A.
1990 N. California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ykrivoshey@bursor.com
ltfisher@bursor.com
jsmith@bursor.com
- and -
Scott A. Bursor, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Telephone: (212) 989-9113
Facsimile: (212) 989-9163
E-mail: scott@bursor.comDefendant-Appellee BLACKBAUD, INC. is represented by:
Nancy R. Thomas, Esq.
MORRISON & FOERSTER LLP
707 Wilshire Boulevard, Suite 6000
Los Angeles, CA 90017
Telephone: (213) 892-5200
E-mail: NThomas@mofo.com
- and -
James R. McGuire, Esq.
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, CA 94105-2482
Telephone: (415) 268-7013
E-mail: jmcguire@mofo.comCADILLAC LOUNGE: Fails to Pay Dancers Minimum Wages, Molina Says
DAIMARIE PABON MOLINA on Behalf of Herself and on Behalf of All
Others Similarly Situated v. THE CADILLAC LOUNGE, L.L.C., both
d/b/a THE CADILLAC LOUNGE, VALENTINO LOMBARDI, Case No.
1:19-cv-00446 (D.R.I., Aug. 26, 2019), alleges that the Defendants
required and/or permitted the Plaintiff and others to work as
exotic dancers at their adult entertainment club but refused to
compensate them at the applicable minimum wage, in violation of the
Fair Labor Standards Act.
The Cadillac Lounge, L.L.C., doing business as Cadillac Lounge,
operates an adult entertainment club in Rhode Island. Valentino D.
Lombardi is an officer of the Company, and owns and manages
Cadillac Lounge.[BN]
The Plaintiff is represented by:
Thomas J. Enright, Esq.
ENRIGHT LAW LLC
696 Reservoir Avenue
Cranston, RI 02910
Telephone: (401) 526-2620
Facsimile: (401) 457-7117
E-mail: tom@enrightlawoffice.com
- and -
Gabriel A. Assaad, Esq.
KENNEDY HODGES, L.L.P.
4409 Montrose Blvd., Suite 200
Houston, TX 77006
Telephone: (713) 523-0001
Facsimile: (713) 523-1116
E-mail: gassaad@kennedyhodges.comCAPITAL ONE: Stirnweis Seeks OT Pay for Insurance Specialists
Virginia Stirnweis, the Plaintiff, vs. Capital One Services, LLC,
Capital One Financial Corporation, and Capital One, National
Association, the Defendants, Case No. 3:19-cv-00637 (E.D. Va., Aug.
30, 2019), seeks unpaid overtime pursuant to the Fair Labor
Standards Act of 1938.
The Plaintiff was employed by Capital One as a Corporate Insurance
Specialist, also called a risk specialist. She regularly worked
more than 40 hours per workweek for the Defendants without
receiving overtime compensation as required under the FLSA.
The lawsuit contends that Capital One wrongly classified Plaintiff
and other Corporate Insurance Specialists or risk specialist as
exempt from overtime under the FLSA.
The Plaintiff also asserts claims for declaratory relief that a
specific provision of her severance agreement is unenforceable such
that Plaintiff will be permitted to pursue her FLSA claims on a
collective basis without being in breach of such Agreement.
Capital One is a bank holding company specializing in credit cards,
auto loans, banking, and savings accounts, headquartered in McLean,
Virginia. Capital One is ranked 10th on the list of largest banks
in the United States by assets.[BN]
Attorney for the Plaintiff are:
Craig Juraj Curwood, Esq.
CURWOOD LAW FIRM
530 E. Main Street, Suite 710
Richmond, VA 23219
Telephone: (804) 788-0808
Facsimile: (804) 767-6777
E-mail: ccurwood@curwoodlaw.comCARDINAL HEALTH: Nguyen Seeks Overtime Wages for Pharmacists
NANCY NGUYEN, individually and on behalf of all others similarly
situated, the Plaintiff, vs. CARDINAL HEALTH PHARMACY SERVICES,
LLC, a Delaware Limited Liability Company; CARDINAL HEALTH, INC.,
an Ohio Corporation; 504 CARDINAL HEALTH PHARMACY SERVICES, an
unknown association; 504 CARDINAL HEALTH PHARMACY SERVICES d.b.a.
CARDINAL HEALTH, an unknown association; and DOES 1 to 100,
inclusive, Case No. 34-2019-00263185 (Cal. Super., Aug. 21, 2019),
alleges that Defendants failed to pay overtime wages and committed
meal period violations, rest period violation, wage statement
violations, and waiting time penalties pursuant to the California
Labor Code.
The Plaintiff brings the class action of behalf of all non-exempt,
hourly employees who worked for Defendants in California as a
pharmacist, pharmacy technician, or similar position.
The Plaintiff worked for Defendants from approximately March 1,
2016 to February 14,2019. The Defendants failed to compensate
Plaintiff and similarly situated employees for all overtime owed.
The Defendants also failed to authorize and permit Plaintiff and
similarly situated employees to take all meal and rest periods owed
to them, including first meal periods before the completion of
their fifth hour of work, and second meal periods and third rest
periods when Plaintiff and similarly situated employees worked over
10 hours in a shift.[BN]
Attorneys for the Plaintiff are:
Galen Shimoda, Esq.
Justin Rodriguez, Esq.
Brittany V. Berzin, Esq
SHIMODA LAW CORP.
9401 East Stockton Blvd., Suite 200
Elk Grove, CA 95624
Telephone: (916) 525-0716
Facsimile: (916) 760-3733CAWLEY & BERGMANN: Muldowney Files FDCPA Class Action in New York
A class action lawsuit has been filed against Cawley & Bergmann,
LLC. The case is styled as Matthew Muldowney, individually and on
behalf of all others similarly situated, Plaintiff v. Cawley &
Bergmann, LLC and JHPDE Finance 1, LLC, Defendants, Case No.
5:19-cv-01086-GTS-ML (N.D. N.Y., Sept. 3, 2019).
The docket of the case states the nature of suit as Consumer Credit
filed pursuant to the Fair Debt Collection Practices Act.
Cawley & Bergmann, LLC is a debt collection agency.[BN]
The Plaintiff is represented by:
Craig B. Sanders, Esq.
Barshay Sanders, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Tel: (516) 203-7600
Fax: (516) 281-7601
Email: csanders@barshaysanders.com
CELLECTRIC ELECTRICAL: Sherman Suit Alleges Breach of Contract
A class action lawsuit has been filed against Cellectric
Electrical, LLC. The case is styled as Steve Sherman, Randy Ryan
and all employees similarly situated, Plaintiffs v. Cellectric
Electrical, LLC and Motorola Solutions, Inc., Defendants, Case No.
C-04-CV-19-000396 (Md. Cir., Sept. 3, 2019).
The case type is stated as Contract – Breach.
Cellectric Electrical Llc is a licensed and bonded freight shipping
and trucking company running freight hauling business from East
Syracuse, New York.[BN]
The Plaintiff is represented by:
IAN THOMAS VALKENET, Esq.
600 WYNDHURST AVENUE STE 230
BALTIMORE, MD 21210
CENTENE CORPORATION: Fails to Pay Proper Wages, Del Toro Says
KRISTI DEL TORO, individually, and on behalf of all others
similarly situated, Plaintiff v. CENTENE CORPORATION; ENVOLVE
PHARMACY SOLUTIONS, INC.; US SCRIPT LLC (dba US SCRIPT, INC.); and
DOES 1 through 10, inclusive, Defendants, Case No. 5:19-cv-05163-NC
(N.D. Cal., Aug. 19, 2019) is an action against the Defendants for
failure to pay minimum wages, overtime compensation, authorize and
permit meal and rest periods, provide accurate wage statements, and
reimburse necessary business expenses.
The Plaintiff Del Toro was employed by the Defendants as non-exempt
employee.
Centene Corporation operates as a multi-line managed care
organization that provides medicaid and medicaid-related programs.
The Company offers health plans in several states. Centene also
provides specialty services including behavioral health, nurse
triage, and treatment compliance. [BN]
The Plaintiff is represented by:
Ronald H. Bae, Esq.
Olivia D. Scharrer, Esq.
AEQUITAS LEGAL GROUP
1156 E. Green Street, Suite 200
Pasadena, CA 91106
Telephone: (213) 674-6080
Facsimile: (213) 674-6081
E-mail: rbae@AequitasLegalGroup.com
oscharrer@AequitasLegalGroup.comCHARTER COMMUNICATIONS: Removes Gonzales Suit to C.D. California
Defendant Charter Communications, LLC removed on August 30, 2019),
the lawsuit titled DARIO GONZALES and MARTIN PALACIOS, individually
and on behalf of all others similarly situated v. Charter
Communications, LLC, and Does 1 through 100, inclusive, Case No.
19STCV22289, from the Superior Court of the State of California for
the County of Los Angeles to the U.S. District Court for the
Central District of California.
The District Court Clerk assigned Case No. 2:19-cv-07567 to the
proceeding.
On June 26, 2019, Plaintiffs Dario Gonzales and Martin Palacios
filed this unverified putative class action complaint for damages.
The Plaintiffs allege violations in eleven causes of action against
the Defendants, including failure to pay minimum wage/overtime and
failure to provide accurate itemized wage statements.[BN]
Defendant CHARTER COMMUNICATIONS, LLC is represented by:
Max Fischer, Esq.
Aimee Mackay, Esq.
Megan McDonough, Esq.
MORGAN, LEWIS & BOCKIUS LLP
300 South Grand Avenue, Twenty-Second Floor
Los Angeles, CA 90071-3132
Telephone: (213) 612-2500
Facsimile: (213) 612-2501
E-mail: max.fischer@morganlewis.com
aimee.mackay@morganlewis.com
megan.mcdonough@morganlewis.comCHESAPEAKE LODGING: Agrees to Resolve Kent Class Action
Chesapeake Lodging Trust said in its Form 8-K filing with the U.S.
Securities and Exchange Commission filed on September 3, 2019, that
the company and Park Hotels & Resorts Inc. agrees to resolve the
class action suit entitled, Kent v. Chesapeake Lodging Trust, et
al., No. 1:19-cv-01201 (D.Del.)
On May 5, 2019, Chesapeake’s Board of Trustees caused the
Chesapeake to enter into an agreement and plan of merger with Park
Hotel & Resorts Inc., PK Domestic Property LLC, and PK Domestic Sub
LLC.
On September 2, 2019, Chesapeake Lodging Trust, a Maryland real
estate investment trust (“Chesapeake”) and Park Hotels & Resorts
Inc., a Delaware corporation (“Park”), reached an agreement to
resolve two lawsuits on behalf of Chesapeake shareholders,
including a purported class action, filed in the United States
District Court for the District of Delaware.
The purported class action is captioned Kent v. Chesapeake Lodging
Trust, et al., No. 1:19-cv-01201 (D.Del.) (the “Kent Action”), and
the other action is Terlinden v. Chesapeake Lodging Trust, et al.,
No. 1:19-cv-01263 (D.Del) (the “Terlinden Action,” and together
with the Kent Action, the “Actions”).
The Actions challenge the proposed merger of Chesapeake with and
into a subsidiary of Park (the “Merger”), in particular the
adequacy of the disclosure found in the Preliminary Proxy
Statement/Prospectus forming a part of the Registration Statement
on Form S-4 filed by Park with the Securities and Exchange
Commission (“SEC”) on June 14, 2019 (the “Preliminary Proxy
Statement/Prospectus”).
In connection with resolution of the Actions, Chesapeake has agreed
to make an amended and supplemental disclosures (the “Amended and
Supplemental Disclosures”) to the Definitive Proxy
Statement/Prospectus filed by Park with the SEC on July 25, 2019
(the “Definitive Proxy Statement/Prospectus”). The Amended and
Supplemental Disclosures should be read in conjunction with the
Definitive Proxy Statement/Prospectus, which should be read in its
entirety.
Plaintiffs have agreed that they will dismiss the Actions with
prejudice as to the named plaintiffs only and, with regard to the
Kent Action, without prejudice to the putative class.
A copy of the amended and supplemental disclosure is available at
https://bit.ly/2lFUiYQ.
Chesapeake Lodging Trust, incorporated on June 12, 2009, is a real
estate investment trust. The Company is focused on investments
primarily in upper-upscale hotels in various business and
convention markets and, on a selective basis, select-service hotels
in urban settings or other locations in the United States. The
Company operates through the hotel ownership segment. The company
is based in Arlington Virginia.
CLOUDERA INC: Still Defends 3 Securities Class Suit in California
Cloudera, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on September 4, 2019, for the
quarterly period ended July 31, 2019, that the company continues to
defend three class securities class action suits in California.
On June 7, 2019, a purported class action complaint was filed in
the United States District Court for the Northern District of
California, entitled Christie v. Cloudera, Inc., et al., Case No.
5:19-cv-3221-LHK. The complaint names as defendants Cloudera, its
former Chief Executive Officer, its Chief Financial Officer and a
former officer and director.
The action purports to assert claims on behalf of Cloudera
stockholders under Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934 and SEC Rule 10b-5.
The complaint alleges that defendants made false and misleading
statements that artificially inflated the price of Cloudera stock
between April 28, 2017 and June 5, 2019.
Two substantially similar class action complaints, entitled
Zarantonello v. Cloudera, Inc., et al., Case No. 3:19-cv-4007-MMC,
and Dvornic v. Cloudera, Inc., et al., Case No. 3:19-cv-4310-SI,
were subsequently filed against the same defendants in the same
court.
The suits seek, among other things, an award of damages and
attorneys’ fees and costs. Cloudera believes that the allegations
in the lawsuits are without merit.
Cloudera, Inc. provides platform for machine learning and analytics
in the United States, Europe, and Asia. The company operates
through two segments, Subscription and Services. Cloudera, Inc. was
founded in 2008 and is headquartered in Palo Alto, California.
COLLECTION RESOURCES: Duffy Files FDCPA Suit in W.D. Michigan
A class action lawsuit has been filed against Collection Resources
Incorporated. The case is styled as Sean Duffy individually and on
behalf of all others similarly situated, Plaintiff v. Collection
Resources Incorporated, John Does 1-25, Defendants, Case No.
1:19-cv-00726 (W.D. Mich., Sept. 5, 2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Collection Resources Incorporated (CRI) Medical Collections is a
collection agency specializing in debt recovery of past due patient
accounts and commercial debt.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
Stein Saks, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500 ext 101
Fax: (201) 282-6501
Email: ysaks@steinsakslegal.comCONDOR HOSPITALITY: NexPoint Merger Docs Omit Info, Sabatini Says
The case, ERIC SABATINI, Individually and On Behalf of All Others
Similarly Situated, the Plaintiff, vs. CONDOR HOSPITALITY TRUST,
INC., J. WILLIAM BLACKHAM, DANIEL R. ELSZTAIN, DONALD J. LANDRY,
DAPHNE J. DUFRESNE, THOMAS CALAHAN, BRENDAN MACDONALD, BENJAMIN
WALL, NOAH DAVIS, MATIAS I. GAIVIRONSKY, NHT OPERATING PARTNERSHIP,
LLC, NHT REIT MERGER SUB, LLC, NHT OPERATING PARTNERSHIP II, LLC,
and CONDOR HOSPITALITY LIMITED PARTNERSHIP, the Defendants, Case
No. 1:19-cv-01564-UNA (D. Del., Aug. 23, 2019), stems from a
proposed transaction announced on July 22, 2019, pursuant to which
Condor Hospitality Trust, Inc. will be acquired by affiliates of
NexPoint Hospitality Trust.
On July 19, 2019, Condor’s Board of Directors caused the Company to
enter into the Merger Agreement with NHT Operating Partnership,
LLC, NHT REIT Merger Sub, LLC, NHT Operating Partnership II, LLC,
and Condor Hospitality Limited Partnership. Pursuant to the terms
of the Merger Agreement, Condor’s stockholders will receive $11.10
in cash for each share of Condor they own.
On August 9, 2019, defendants filed a proxy statement with the
United States Securities and Exchange Commission in connection with
the Proposed Transaction.
The Proxy Statement omits material information with respect to the
Proposed Transaction, which renders the Proxy Statement false and
misleading.
With respect to KeyBanc’s Premiums Paid Analysis, the Proxy
Statement fails to disclose: (i) the transactions observed by
KeyBanc in the analysis; and (ii) the premiums paid in the
transactions.
The Proxy Statement also fails to disclose a fair summary of any
discounted cash flow analysis and net present value analysis
performed by KeyBanc. The disclosure of projected financial
information is material because it provides stockholders with a
basis to project the future financial performance of a company, and
allows stockholders to better understand the financial analyses
performed by the company’s financial advisor in support of its
fairness opinion. Moreover, when a banker’s endorsement of the
fairness of a transaction is touted to shareholders, the valuation
methods used to arrive at that opinion as well as the key inputs
and range of ultimate values generated by those analyses must also
be fairly disclosed.
The Proxy Statement also omits material information regarding
potential conflicts of interest of KeyBanc. The Proxy Statement
fails to disclose the timing and nature of the past services
KeyBanc provided to NexPoint and its affiliates. The Proxy
Statement also fails to disclose the timing and nature of all
communications regarding KeyBanc and/or its affiliates providing
acquisition financing to NexPoint and its affiliates in connection
with the Proposed Transaction.[BN]
Attorneys for the Plaintiff are:
Gina M. Serra, Esq.
Brian D. Long, Esq.
RIGRODSKY & LONG, P.A.
300 Delaware Avenue, Suite 1220
Wilmington, DE 19801
Telephone: (302) 295-5310
Facsimile: (302) 654-7530
E-mail: bdl@rl-legal.com
gms@rl-legal.com
- and -
Richard A. Maniskas, Esq.
RM LAW, P.C.
1055 Westlakes Drive, Suite 300
Berwyn, PA 19312
Telephone: (484) 324-6800
Facsimile: (484) 631-1305
E-mail: rm@maniskas.comCONDOR HOSPITALITY: Raul Challenges Proposed Sale to NexPoint
TAMMY RAUL, Individually and on Behalf of All Others Similarly
Situated v. CONDOR HOSPITALITY TRUST, INC., J. WILLIAM BLACKHAM,
DANIEL R. ELSZTAIN, DONALD J. LANDRY, DAPHNE J. DUFRESNE, THOMAS
CALAHAN, BRENDAN MACDONALD, BENJAMIN WALL, NOAH DAVIS, and MATIAS
I. GAIVIRONSKY, Case No. 1:19-cv-07968 (S.D.N.Y., Aug. 26, 2019),
alleges violations of the Securities Exchange Act of 1934 in
connection with the proposed sale of the Company to NexPoint
Hospitality Trust.
On July 22, 2019, Condor entered into an Agreement and Plan of
Merger with NexPoint. NexPoint is the operating partnership of
NexPoint Hospitality Trust, an unincorporated, open-ended real
estate investment trust established pursuant to a declaration of
trust under the laws of the Province of Ontario. NexPoint, through
NHT, owns 55.6% of the Company’s common stock and 100% of its
Series E Preferred Stock. Pursuant to the terms of the Merger
Agreement, NexPoint will acquire all outstanding common shares of
Condor for $11.10 per share in an all-cash transaction valued at
approximately $318 million.
The Plaintiff, an owner of Condor common stock, alleges that in
order to convince Condor’s stockholders to vote in favor of the
Proposed Transaction, the Board of Directors authorized the filing
of a materially incomplete and misleading preliminary proxy
statement with the SEC. The Plaintiff contends that the Proxy
Statement contains financial projections prepared by Condor in
connection with the Proposed Transaction, but fails to provide
material information concerning such.
Condor is a Maryland corporation with its principal executive
offices located in Bethesda, Maryland. The Individual Defendants
are directors and officers of the Company.
Condor is a real estate investment trust that specializes in the
ownership of premium-branded select-service, extended-stay, and
limited-service hotels in the upper-midscale and upscale segments
that are primarily located in the top 100 MSAs in the United
States. The Company’s new investment strategy hotels are
franchised under premium brands such as Hilton, Marriott, and IHG
and are operated by third-party management companies.[BN]
The Plaintiff is represented by:
Joshua M. Lifshitz, Esq.
LIFSHITZ & MILLER LLP
821 Franklin Avenue, Suite 209
Garden City, NY 11530
Telephone: (516) 493-9780
Facsimile: (516) 280-7376
E-mail: jml@jlclasslaw.comCREDENCE RESOURCE: Diez Asserts Breach of FDCPA in New York
A class action lawsuit has been filed against Credence Resource
Management LLC. The case is styled as Brian Diez, individually and
on behalf of all others similarly situated, Plaintiff v. Credence
Resource Management LLC, Defendant, Case No. 2:19-cv-05022 (E.D.
N.Y., Sept. 4, 2019).
The docket of the case states the nature of suit as Consumer Credit
filed pursuant to the Fair Debt Collection Practices Act.
Credence Resource Management LLC or CRM is a debt collection
agency.[BN]
The Plaintiff is represented by:
David M. Barshay, Esq.
Barshay Sanders, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Tel: (516) 203-7600
Fax: (516) 706-5055
Email: dbarshay@barshaysanders.com
- and -Craig B. Sanders, Esq.
Barshay Sanders, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Tel: (516) 203-7600
Fax: (516) 281-7601
Email: csanders@barshaysanders.com
CRST EXPEDITED: Tapia Suit Moved to Central District of California
The case captioned as JOSEPH TAPIA an individual and on behalf of
all others similarly situated, the Plaintiff, vs. CRST EXPEDITED
INC, CRST INTERNATIONAL INC.; and DOES 1 through 10, inclusive, the
Defendants, Case No. CIV-DS-19-20423 (Filed July 16, 2019), was
removed from the Superior Court of San Bernardino County, to the US
District Court for the Central District of California on Aug. 30,
- The Central District of California Court Clerk assigned Case
No. 5:19-cv-01665 to the proceeding.
The case is a California class action for wage and labor violations
arising out of Defendants failure to fully compensate its driver
trainees according to law.[BN]
Attorneys for the Plaintiff are:
Joshua H Haffner, Esq.
Graham G Lambert, Esq.
HAFFNER LAW PC
445 South Figueroa Street Suite 2625
Los Angeles CA 90071
Telephone: 213 514 5681
Facsimile: 213 514 5682
E-mail: jhh@haffnerlawyers.com
gl@haffnerlawyers.comDAVID MARCUS: Ybarra Seeks Overtime Pay for Office Staff
CECILIA YBARRA, an individual, the Plaintiff, vs. DAVID MARCUS MD,
INC., a California Corporation; DAVID MARCUS MD, an individual; and
DOES 1 through 20, inclusive, the Defendants, Case No. 19STCV29567
(Cal. Super, Aug. 21, 2019), alleges that Defendants failed to pay
minimum wages, failed to furnish wage and hour statements, failed
to provide meal and rest period compensation, failed to pay wages
in a timely manner, and failed to pay overtime compensation under
the California Labor Code.
The Plaintiff began working for Defendants on or about August 2017
as an office manager. From the beginning of her employment until on
or about December 2017 Plaintiff worked roughly 10-12 hours per
week.
During that time and thereafter, the Defendants commenced a
practice of failing and refusing to provide Plaintiff with the
compensation to which she was entitled under the Labor Code. The
Defendants further required that Plaintiff be available beyond the
40 hour work week to tend to any office or patient needs, the
lawsuit says.
The Plaintiff was responsible for answering phone calls to the
office, communicating with insurance companies and pharmacies
regarding patients that Defendants treated, helping patients fill
out various forms and questionnaires for the treating psychiatrist,
Dr. Marcus, and completing basic assistant tasks for Dr. Marcus,
such as running errands on his behalf and securing office
supplies.
Moreover, Defendants did not even compensate Plaintiff at her
regular rate of pay for all of her hours worked within the 40 hour
work week. While Plaintiff generally worked at least eight hours
per day, even on those days she did not work overtime, Defendants
only paid her for 20 hours of work per week, the lawsuit says.
The Defendants owned and/or operated a psychiatry practice.[BN]
Attorneys for the Plaintiff are:
Jonathan P. LaCour, Esq.
LisaNoveck, Esq.
EMPLOYEES FIRST LABOR LAW P.C.
225 S. Lake Ave., 3rd Floor
Pasadena, CA 91101
Telephone: (310) 853-3461
Facsimile: (949) 743-5442
E-mail: lisan@pierrelacour.com
jonathanl @pierrelacour.comDELTA AIRLINES: Ruling in Pimentel Labor Suit under Appeal
The case, Nicholas Pimentel, individually and on behalf of all
other persons similarly situated, AKA Aasir Azza, the Plaintiff –
Appellant, vs. Delta Airlines, Inc., the Defendant – Appellee,
Case No. 19-2499 (2nd Cir.), is an appeal filed in the United
States Court of Appeals for the Second Circuit on Aug. 12, 2019,
from a lower court decision, Case No. 18-cv-2999 (EDNY). The suit
alleges violation of Labor Laws.
Delta is one of the major airlines of the United States and a
legacy carrier. It is headquartered in Atlanta, Georgia.
The Plaintiff – Appellant appears pro se.
Attorneys for Delta Airlines, Inc. are:
Ira G. Rosenstein, Esq.
MORGAN, LEWIS & BOCKIUS LLP
101 Park Avenue
New York, NY 10178
Telephone: 212 309-6960ENCORE HEALTH: Jones et al. Suit Transferred to E.D. Pennsylvania
KAREN JONES and NICOLE DORAN, individually and on behalf of all
others similarly situated, the Plaintiffs, vs. ENCORE HEALTH
RESOURCES, LLC, EMIDS TECHNOLOGIES PVT LTD. CORP., EMIDS
TECHNOLOGIES PVT LTD. CORP. f/k/a ENCORE HEALTH RESOURCES, LLC, and
SPECIALIST RESOURCES GLOBAL, INC. d/b/a EMIDS TECHNOLOGIES, the
Defendants, Case No. 2:19-cv-02682 (Filed July 20, 2019), was
transferred from the U.S. District Court for the Eastern District
of Pennsylvania, to the U.S. District Court for Southern District
of Texas (Houston) on Aug. 30, 2019. The Eastern District of
Pennsylvania Court Clerk assigned Case No. 4:19-cv-03298 to the
proceeding. The suit alleges violation of the Fair Labor Standards
Act. The case is assigned to the Hon. Judge Andrew S. Hanen.
Encore Health provides information technology consulting services
for the healthcare market. The Company offers health analytics,
revenue cycle, and physician advisory services.[BN]
Attorneys for the Plaintiffs are:
David J. Cohen, Esq.
James B Zouras, Esq.
Ryan Stephan, Esq.
STEPHAN ZOURAS LLP
604 Spruce Street
Philadelphia, PA 19106
Telephone: (215) 873-4836
E-mail: rstephan@stephanzouras.comAttorneys for the Defendants are:
Stephen H. Barrett, Esq.
DLA PIPER LLP
1650 Market Street, 49th Floor
Philadelphia, PA 19103
Telephone: (215) 665-3165EXPRESS SCRIPTS: Harrod Appeals Class Cert. Bid Denial to 11th Cir.
Plaintiff Cynthea Harrod filed an appeal from a Court ruling in the
lawsuit titled Cynthea Harrod v. Express Scripts, Inc., Case No.
8:17-cv-01607-JSM-TGW, in the U.S. District Court for the Middle
District of Florida.
As reported in the Class Action Reporter on Sept. 2, 2019, the Hon.
James S. Moody, Jr., issued an order in the lawsuit:
- granting the Defendant’s Motion for Summary Judgment;
- denying as moot the Plaintiff’s Motion to Certify Class;
- directing the Clerk of Court to enter Final Judgment in
favor of the Defendant and against the Plaintiff; and - directing the Clerk of Court to close this case and
terminate any pending motions as moot.
A $75 processing fee to obtain certain records forms the basis for
this lawsuit. Ms. Harrod claims this fee violates the Florida
Deceptive Unfair Trade Practices Act (“FDUTPA”). She also alleges
related breach of contract and unjust enrichment claims.
The appellate case is captioned as Cynthea Harrod v. Express
Scripts, Inc., Case No. 19-13328, in the United States Court of
Appeals for the Eleventh Circuit.
The briefing schedule in the Appellate Case is set as follows:
— Appellant’s Certificate of Interested Persons was due on or
before September 10, 2019, as to Appellant Cynthea Harrod;
and
— Appellee’s Certificate of Interested Persons is due on or
before September 24, 2019, as to Appellee Express Scripts,
Inc.[BN]
Plaintiff-Appellant CYNTHEA HARROD, Individually and o/b/o all
others similarly situated, is represented by:
Alex C. Davis, Esq.
JONES WARD PLC
312 S 4th St., FL 6
Louisville, Kentucky 40202
Telephone: (502) 882-6000
E-mail: alex@jonesward.com
- and -
Jason Kyle Whittemore, Esq.
WAGNER MCLAUGHLIN, P.A.
601 Bayshore Blvd., Suite 910
Tampa, FL 33606
Telephone: (813) 225-4000
E-mail: jason@WagnerLaw.com
- and -
Tiffany M. Yiatras, Esq.
CONSUMER PROTECTION LEGAL, LLC
308 Hutchinson Road
Ellisville, MO 63011-2029
Telephone: (855) 391-0378
E-mail: tiffany@consumerprotectionlegal.comDefendant-Appellee EXPRESS SCRIPTS, INC. is represented by:
Robert L. Blank, Esq.
Tyler J. Derr, Esq.
Carie Lynn Hall, Esq.
RUMBERGER KIRK & CALDWELL, PA
100 N Tampa St., Suite 2000
Tampa, FL 33602-5830
Telephone: (813) 223-4253
E-mail: rblank@rumberger.com
tderr@rumberger.com
chall@rumberger.com
- and -
Douglas B. Brown, Esq.
RUMBERGER KIRK & CALDWELL, PA
300 S Orange Ave., Suite 1400
PO BOX 1873
Orlando, FL 32801
Telephone: (407) 872-7300
E-mail: dbrown@rumberger.com
- and -
Jonathan R. Chally, Esq.
Philip E. Holladay, Jr., Esq.
KING & SPALDING, LLP
1180 Peachtree St. NE, Suite 1600
Atlanta, GA 30309
Telephone: (404) 572-4600
E-mail: jchally@kslaw.com
pholladay@kslaw.comEXXONMOBIL OIL: Kendig Suit Underway in C.D. California
Michelle Kendig and Jim Kendig, et al. v. ExxonMobil Oil
Corporation, et al., remains pending. PBF Holding Company LLC said
in its Form 10-Q Report filed with the Securities and Exchange
Commission on August 6, 2019, for the quarterly period ended June
30, 2019, that a mediation hearing between the parties in the class
action suit entitled, Michelle Kendig and Jim Kendig, et al. v.
ExxonMobil Oil Corporation, et al., was scheduled for August 23,
2019.
On September 18, 2018, in Michelle Kendig and Jim Kendig, et al. v.
ExxonMobil Oil Corporation, et al., PBF Energy Limited and Torrance
Refining Company LLC along with ExxonMobil Oil Corporation and
ExxonMobil Pipeline Company were named as defendants in a class
action and representative action complaint filed on behalf of
Michelle Kendig, Jim Kendig and others similarly situated.
The complaint was filed in the Superior Court of the State of
California, County of Los Angeles and alleges failure to authorize
and permit uninterrupted rest and meal periods, failure to furnish
accurate wage statements, violation of the Private Attorneys
General Act and violation of the California Unfair Business and
Competition Law.
Plaintiffs seek to recover unspecified economic damages, statutory
damages, civil penalties provided by statute, disgorgement of
profits, injunctive relief, declaratory relief, interest,
attorney’s fees and costs.
To the extent that plaintiffs’ claims accrued prior to July 1,
2016, ExxonMobil has retained responsibility for any liabilities
that would arise from the lawsuit pursuant to the agreement
relating to the acquisition of the Torrance refinery and logistics
assets.
On October 26, 2018, the matter was removed to the Federal Court,
California Central District.
A mediation hearing between the parties is currently scheduled for
August 23, 2019.
PBF Holding said, “As this matter is in the class certification
phase, we cannot currently estimate the amount or the timing of its
resolution. We presently believe the outcome will not have a
material impact on our financial position, results of operations or
cash flows.”
PBF Holding Company LLC refines and supplies unbranded
transportation fuels, heating oil, petrochemical feedstocks,
lubricants, and other petroleum products in the United States and
internationally. The company was founded in 2008 and is based in
Parsippany, New Jersey. PBF Holding Company LLC is a subsidiary of
PBF Energy Company LLC.
FAIR COLLECTIONS: Ali Files FDCPA Suit in E.D. New York
A class action lawsuit has been filed against Fair Collections &
Outsourcing, Inc. The case is styled as Tracy Antoinette Ali,
individually and on behalf of all others similarly situated,
Plaintiff v. Fair Collections & Outsourcing, Inc., Defendant, Case
No. 2:19-cv-05045 (E.D. N.Y., Sept. 5, 2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Fair Collections & Outsourcing, also referred to as FCO, is a debt
collection agency.[BN]
The Plaintiff is represented by:
David M. Barshay, Esq.
Craig B. Sanders, Esq.
Barshay Sanders, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (516) 203-7600
Fax: (516) 281-7601
Email: dbarshay@barshaysanders.com
csanders@barshaysanders.comFINISAR CORP: Ruling in Calif. Securities Class Suit under Appeal
Finisar Corporation said in its Form 10-Q Report filed with the
Securities and Exchange Commission on September 4, 2019, for the
quarterly period ended July 28, 2019, that the plaintiffs have
filed a notice of appeal from a district court’s denial of
plaintiffs’ motion for class certification and grant of judgment on
the pleadings in favor of the company.
Several securities class action lawsuits related to the Company’s
March 8, 2011 earnings announcement alleging claims under Sections
10(b) and 20(a) of the Securities Exchange Act of 1934 have been
filed in the United States District Court for the Northern District
of California on behalf of a purported class of persons who
purchased stock between December 2, 2010 through March 8, 2011.
The named defendants are the Company and Jerry Rawls, its former
Chief Executive Officer and former Chairman of the Board, and Eitan
Gertel, its former Chief Executive Officer. To date, no specific
amount of damages has been alleged.
The cases were consolidated, a lead plaintiff was appointed and a
consolidated complaint was filed. The Company filed a motion to
dismiss the case.
On January 16, 2013, the District Court granted the Company’s
motion to dismiss and granted the lead plaintiffs leave to amend
the consolidated complaint. An amended consolidated complaint was
filed on February 6, 2013.
Thereafter, the Company filed a renewed motion to dismiss the case.
On September 30, 2013, the District Court granted the Company’s
motion and dismissed the case with prejudice, and plaintiff
appealed. On January 8, 2016, the Ninth Circuit Court of Appeals
reversed the judgment in part for further proceedings in the
District Court. On July 15, 2016, lead plaintiff filed a Second
Amended Complaint in the District Court.
On August 19, 2016, the Company moved to dismiss. On May 1, 2017,
the District Court denied the motion and a case scheduling order
has been issued. On December 5, 2017, the District Court issued an
order denying class certification. On February 1, 2018, the
plaintiff filed a petition with the Ninth Circuit Court of Appeals
for permission to appeal the denial of class certification and, on
July 13, 2018, the Ninth Circuit Court of Appeals denied the
petition for permission to appeal.
On October 10, 2018, the plaintiff filed a new motion for class
certification, which the Company opposed. On May 24, 2019, the
District Court denied plaintiffs motion for class certification and
granted judgement on the pleadings in favor of the Company and the
other defendants. The plaintiff filed a notice of appeal on June
20, 2019.
Finisar Corporation provides components and subsystems to
networking equipment manufacturers, data center operators, telecom
service providers, consumer electronics, and automotive companies
in the United States, China, Malaysia, and internationally. Finisar
Corporation was founded in 1987 and is headquartered in Sunnyvale,
California.
FORD MOTOR: Ardent Sues over Deceptive Fuel Economy Ratings
MARK ARENDT, individually and on behalf of all others similarly
situated, Plaintiff v. FORD MOTOR COMPANY, Defendant, Case No.
19-cv-01886 (D. Minn., Aug. 19, 2019) is an action against the
Defendant’s design, manufacturing, marketing, and sale of 2017-2019
Ford automobiles including 2017-2019 Ford F-150 trucks and 2019
Ford Rangers, with deceptive fuel economy ratings and emissions.
The Plaintiff alleges in the complaint that the Defendant’s
misrepresentations, concealment, and non-disclosure of true fuel
economy numbers misled the Plaintiff and Class members into
purchasing vehicles of a quality different from what was promised,
paying more for Class Vehicles than they otherwise would have, and
paying higher fuel costs that they otherwise would not have paid.
Ford Motor Company designs, manufactures, and services cars and
trucks. The Company also provides vehicle-related financing,
leasing, and insurance through its subsidiary. [BN]
The Plaintiff is represented by:
David A. Goodwin, Esq.
Daniel E. Gustafson, Esq.
Raina C. Borrelli, Esq.
Ling S. Wang, Esq.
GUSTAFSON GLUEK PLLC
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
Facsimile: (612) 339-6622
E-mail: dgoodwin@gustafsongluek.com
dgustafson@gustafsongluek.com
rborrelli@gustafsongluek.com
lwang@gustafsongluek.com
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Simon B. Paris, Esq.
Patrick Howard, Esq.
Charles J. Kocher, Esq.
SALTZ, MONGELUZZI,
BARRETT & BENDESKY, P.C.
1650 Market Street, 52nd Floor
Philadelphia, PA 19103
Telephone: (215) 496-8282
Facsimile: (215) 496-0999
E-mail: sparis@smbb.com
phoward@smbb.com
ckocher@smbb.comGEICO CASUALTY: Tenth Circuit Appeal Initiated in Pearson Suit
Plaintiffs Lonnie McRae and Roger Pearson filed an appeal from a
Court ruling entered in their lawsuit titled Pearson, et al. v.
Geico Casualty Company, Case No. 1:17-CV-02116-CMA-MEH, in the U.S.
District Court for the District of Colorado – Denver.
As previously reported in the Class Action Reporter, the lawsuit
was filed on September 1, 2017, seeking an order enjoining GEICO
from continuing to engage in alleged deceptive practices.
The Plaintiffs allege that GEICO violated the Colorado’s Consumer
Protection Act by, inter alia, failing to disclose material
information about the automobile insurance policies it provided to
the Plaintiffs and the Class Members under, i.e. by failing to
disclose GEICO did not, as a uniform business practice, pay title
and registration fees associated with a total vehicle loss. As a
result of GEICO’s deceptive business practices, the Plaintiffs and
the Class Members have suffered damage and lost money in that they
paid for insurance services they otherwise would not have had the
truth been disclosed.
GEICO Casualty Company provides property and casualty insurance.
The appellate case is captioned as Pearson, et al. v. Geico
Casualty Company, Case No. 19-1303, in the United States Court of
Appeals for the Tenth Circuit.
The briefing schedule in the Appellate Case is set as follows:
— Docketing statement and transcript order form were due on
September 10, 2019, for Lonnie McRae and Roger Pearson; and
— Notice of appearance were due on September 10, 2019, for
Geico Casualty Company, Lonnie McRae and Roger Pearson.[BN]
Plaintiffs-Appellants ROGER PEARSON, on behalf of himself and all
others similarly situated and LONNIE MCRAE, on behalf of herself
and all others similarly situated, are represented by:
Joshua Fields, Esq.
Michael L. Kelly, Esq.
Behram Viraf Parekh, Esq.
KIRTLAND & PACKARD LLP
1638 South Pacific Coast Highway
Redondo Beach, CA 90277
Telephone: (310) 536-1000
E-mail: mlk@courtroomwarrior.com
bvp@kirtlandpackard.com
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Brett N. Huff, Esq.
HUFF & LESLIE, LLP
2480 Gray Street
Edgewater, CO 80214
Telephone: (303) 232-3622
Facsimile: (303) 274-0638
E-mail: bhuff@huffandleslie.comDefendant-Appellee GEICO CASUALTY COMPANY is represented by:
Billy George Hertzke, Esq.
SENTER GOLDFARB & RICE LLC
3900 East Mexico Avenue, Suite 700
Denver, CO 80210
Telephone: (303) 320-0509
E-mail: Bhertzke@Sgrllc.Com
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Kymberly Kochis, Esq.
Michael Richard Nelson, Esq.
EVERSHEDS SUTHERLAND (US) LLP
1114 Avenue of the Americas, 40th Floor
New York, NY 10036
Telephone: (212) 389-5000
E-mail: kymberlykochis@eversheds-sutherland.com
mikenelson@eversheds-sutherland.comGEICO GENERAL: Williams Files Class Action for Breach of Contract
A class action lawsuit has been filed against GEICO General
Insurance Company. The case is styled as Raymond Williams, an
individual, on behalf of himself and all others similarly situated,
Plaintiff v. GEICO General Insurance Company, a Maryland
Corporation and CCC Information Services Incorporated, a Delaware
Corporation, Defendants, Case No. 3:19-cv-05823-BHS (W.D. Wash.,
Sept. 3, 2019).
The case type is stated as Breach of Insurance Contract.
Geico is a car insurance company.[BN]
The Plaintiff is represented by:
Steve W. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP (WA)
1301 2ND AVENUE, STE 2000
SEATTLE, WA 98101
Tel: (206) 623-7292
Fax: (206) 623-0594
Email: steve@hbsslaw.com
GLOBAL CUSTOM COMMERCE: Diaz Files ADA Suit in S.D. New York
A class action lawsuit has been filed against Global Custom
Commerce, Inc. The case is styled as Edwin Diaz on behalf of
himself and all others similarly situated, Plaintiff v. Global
Custom Commerce, Inc., Defendant, Case No. 1:19-cv-08273 (S.D.
N.Y., Sept. 5, 2019).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Global Custom Commerce, Inc., doing business as Blinds.com,
operates an online window covering store.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legalGREENVIEW PROPERTIES: Edwards, et al Seek OT Pay for Laborers
GEORGE EDWARDS, MARK LUMSDEN, JR. and other similarly current and
former doorman, concierge and other security personnel, the
Plaintiff, vs. GREENVIEW PROPERTIES, INC., HORIZON OF ROSLYN, LLC,
OREN ZIV, YARDANA ZIV, DAVID MAROM, LAWRENCE C GARGANO, BRENDA
GRABOW, and CHARLES EDZER, the Defendant, Case No. 2:19-cv-04813
(E.D.N.Y., Aug. 26, 2019), seeks to recover unpaid overtime
compensation and earned wages under the Fair Labor Standards Act
and New York Labor Law.
The case is brought by the Plaintiff and all similarly current and
former laborers, doorman, concierge and other security personnel
who have worked for the Defendants.[BN]
Attorneys for the Plaintiff are:
Jason Tenenbaum, Esq.
THE LAW OFFICE OF JASON TENENBAUM P.C.
595 Stewart Avenue, Suite 400
Garden City, NY 11750
Telephone: (516) 750-0595sHELLERMANNTYTON CORP: Smith Suit Moved to E.D. Wisconsin
The case captioned as JASMINE SMITH on behalf of herself and all
others similarly situated, the Plaintiff, vs. HELLERMANNTYTON
CORPORATION, 7930 North Faulkner Road Milwaukee, Wisconsin 53224,
the Defendant, Case No. 3:19-cv-00636, was transferred from the
United States District Court for the Western District of Wisconsin,
to the United States District Court for the Eastern District of
Wisconsin (Milwaukee) on Aug. 30, 2019. The Eastern District of
Wisconsin Court Clerk assigned Case No. 2:19-cv-01262-NJ to the
proceeding. The case is assigned to the Hon. Judge Nancy Joseph.
The case is a collective and class action brought pursuant to the
Fair Labor Standards Act of 1938, and Wisconsin’s Wage Payment and
Collection Laws, by Jasmine Smith, on behalf of herself and all
other similarly situated current and former hourly-paid, non-exempt
Manufacturing employees of Defendant, for obtaining relief under
the FLSA and WWPCL for unpaid wages, unpaid overtime compensation,
liquidated damages, costs, attorneys’ fees, declaratory and/or
injunctive relief, and/or any such other relief the Court may deem
appropriate.[BN]
Attorneys for the Plaintiff are:
James A Walcheske, Esq.
Scott S. Luzi, Esq.
WALCHESKE & LUZI LLC
15850 W Bluemound Rd-Ste 304
Brookfield, WI 53005
Telephone: (262) 780-1953
Facsimile: (262) 565-6469
E-mail: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.comAttorneys for HellermannTyton Corporation are:
Joel S. Aziere, Esq.
BUELOW VETTER BUIKEMA
OLSON & VLIET LLC
20855 Watertown Rd-Ste 200
Waukesha, WI 53186-1873
Telephone: (262) 364-0250
Facsimile: (262) 364-0270
E-mail: jaziere@buelowvetter.comHOME DEPOT: Brunson Files PI Class Suit in Georgia
A class action lawsuit has been filed against The Home Depot, Inc.
The case is styled as Gloria Brunson, Kevin Dahlberg, Jamal Douglas
and Earl Young, individually and on behalf of all others similarly
situated, Plaintiffs v. The Home Depot, Inc., Delaware Corporation
and John Doe, Defendants, Case No. 1:19-cv-03970-CC (N.D. Ga.,
Sept. 4, 2019).
The case type is stated as Diversity-Personal Injury.
The Home Depot Inc. or Home Depot is the largest home improvement
retailer in the United States, supplying tools, construction
products, and services. The company is headquartered at the Atlanta
Store Support Center in unincorporated Cobb County, Georgia.[BN]
The Plaintiffs are represented by:
David Christopher Sawyer, Esq.
Gray Rust St. Amand Moffett & Brieske, LLP
Suite 1700, Salesforce Tower Atlanta
950 East Paces Ferry Rd., N.E.
Atlanta, GA 30326
Tel: (404) 870-7439
Fax: (404) 870-1048
Email: dsawyer@grsmb.com
- and -Travis D. Lenkner, Esq.
Gibson Dunn & Crutcher-DC
1050 Connecticut Avenue, N.W.
Washington, DC 20036-5306
Tel: (202) 955-8500
HORIZON TALK: Has Made Unsolicited Calls, Castillo Suit Claims
JEFF CASTILLO, individually and on behalf of all others similarly
situated, Plaintiff v. HORIZON TALK LLC d/b/a TELECLARO, Defendant,
Case No. 0:19-cv-62055 (S.D. Fla., Aug. 15, 2019) seeks to stop the
Defendants’ practice of making unsolicited calls.
Horizon Talk LLC d/b/a Teleclaro offers international long distance
calls. [BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
Garrett O. Berg, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 1205
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
gberg@shamisgentile.com
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Scott Edelsberg, Esq.
Jordan D. Utanski, Esq.
EDELSBERG LAW, PA
19495 Biscayne Blvd #607
Aventura, FL 33180
Telephone: (305) 975-3320
E-mail: scott@edelsberglaw.com
utanski@edelsberglaw.comHP INC: Parziale Class Suit Seeks to Stop Unfair Business Practices
JOHN PARZIALE, individually, and on behalf of all others similarly
situated v. HP, INC. and DOES 1-10, Case No. 5:19-cv-05363 (N.D.
Cal., Aug. 27, 2019), alleges violation of the Florida Deceptive
and Unfair Trade Practices Act and the Florida Misleading
Advertisement Law.
The Plaintiff brings this class action Complaint against the
Defendant to stop its practice of modifying and corrupting the
Plaintiff and other purchasers’ printers by forcing unauthorized
changes to their firmware and to obtain redress for all Purchasers
Nationwide (“Class Members”) who, within the applicable statute of
limitations period, had their HP Printers modified to stop
recognizing and accepting third party ink cartridges.
HP is a Delaware corporation with its principal place of business
and headquarters in California and is engaged in the design,
development, manufacture, sale, and distribution of printers and
related equipment and services throughout the world with a large
share of its business done in California.[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Telephone: (323) 306-4234
Facsimile: (866) 633-0228
E-mail: tfriedman@toddflaw.com
abacon@toddflaw.comHUNTER WARFIELD: Rapponotti Files FDCPA Suit in W.D. Texas
A class action lawsuit has been filed against Hunter Warfield, Inc.
The case is styled as Amanda Rapponotti individually and on behalf
of all others similarly situated, Plaintiff v. Hunter Warfield,
Inc., John Does 1-25, Defendants, Case No. 6:19-cv-00523-ADA-JCM
(W.D. Tex., Sept. 5, 2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Hunter Warfield is a revenue recovery agency.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
Stein Saks, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500 ext 101
Fax: (201) 282-6501
Email: ysaks@steinsakslegal.comJACKSON HEWITT: Hancock Suit Transferred to W.D. Texas
The case captioned as JEFF HANCOCK, Individually and on Behalf of
All Others Similarly Situated, the Plaintiff, vs. JACKSON HEWITT
TAX SERVICE INC., the Defendant, Case No. 2:19-cv-02602 (Filed
April 5, 2019), was transferred from the U.S. District Court for
the Central District of California, to the U.S. District Court for
the Western District of Texas (Austin) on Aug. 30, 2019. The suit
seeks $5 million in damages and alleges violation of the Telephone
Consumer Protection Act. The case is assigned to the Hon. Judge Lee
Yeakel.
The Plaintiff received unsolicited, autodialed text message calls
over the past several years, urging him to have Defendant, Jackson
Hewitt Tax Service, Inc. do his taxes.
Jackson Hewitt did not have prior express written consent to send
these texts. Moreover, the texts Jackson Hewitt sent were
impermissible because Defendant had a defective internal Do Not
Call policy, the lawsuit says.[BN]
Attorneys for the Plaintiff are:
James C. Shah, Esq.
Kolin Tang, Esq.
SHEPHERD FINKELMAN MILLER AND SHAH LLP
35 East State Street
Media, PA 19063
Telephone: (610) 891-9880
Facsimile: (866) 300-7367
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Alexander H. Burke, Esq.
EDELMAN, COMBS, LATTURNER & GOODWIN, LLC.
120 S. LaSalle St., 18th FloorSubscribe by emailing subscriptions@beardgroup.com, or call us at (240) 629-3300.