Recent Filings – January and February Digest

Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of January’s and February’s filings:

Folk v. S.C. Healthcare Investment, LLC, No. 1:16-cv-00643 (D.S.C. February 29, 2016) (notice of removal of class action on behalf of former hospital employees alleging that defendant failed to provide proper notice that it was closing the hospital and laying off its employees).

Pendleton v. Reid, et. al., No. 5:16-cv-00037 (W.D.N.C. February 29, 2016) (putative class action on behalf of shareholders of CommunityOne Bancorp against Community Bank’s officers and directors alleging violations of the Exchange Act and other claims arising out of a proposed merger of its bank operations with Capital Bank Financial Corp.).

Spires v. Schools, et. al., No. 2:16-cv-00616 (D.S.C. February 26, 2016) (putative class action alleging defendants breached their fiduciary duties by mismanaging Piggly Wiggly’s retirement plan and violated ERISA).

Ferebee v. Excel Staffing Services, Inc., No. 2:16-cv-00008 (E.D.N.C. February 12, 2016) (asserting Fair Labor Standards Act collective action and class action under the North Carolina Wage and Hour Act and Federal Credit Reporting Act alleging that defendant misclassified nurses as independent contractors, failed to pay overtime, and conducted improper background checks).

Jones v. Portfolio Recovery Associates, LLC, et. al., No. 4:16-cv-00411 (D.S.C. February 10, 2016) (consumer class action alleging that defendant collection agency violated the Fair Debt Collections Practices Act by failing to notify consumers that a payment on a time-barred debt would reset the applicable statutes of limitations).

Xue, et. al. v. J&B Spartanburg, LLC, et. al., No. 7:16-cv-00340 (D.S.C. February 4, 2016) (asserting collective action and class action under the South Carolina Payment of Wages Act brought by chefs alleging that defendant Chinese restaurant owner failed to pay chefs minimum wage and overtime).

Butler et. al. v. Fama Entertainment, LLC, et. al., No. 2:16-cv-00293 (D.S.C. January 29, 2016) (cooks and restaurant workers asserting Fair Labor Standards Act collective action and class action under South Carolina state law alleging that defendant bar owner failed to pay employees overtime).

DiSalvo v. IntelliCorp Records, Inc., No. 7:16-cv-00013 (E.D.N.C. January 26, 2016) (class action brought on behalf of all U.S. consumers to whom IntelliCorp provided a consumer report for employment purposes alleging violations of the Fair Credit Reporting Act).

Edwards v. AG of Durham, Inc., et. al., No. 1:16-cv-00057 (M.D.N.C. January 25, 2016) (collective and class action brought under FLSA and the North Carolina Wage and Hour Act by Mellow Mushroom employees alleging improper “tip credit”).

McCurley v. Flowers Foods, Inc., et. al., No. 5:16-cv-00194 (D.S.C. January 20, 2016) (collective and class action under FLSA and state law alleging that defendant bakery operator improperly classified bakers as independent contractors and failed to pay overtime).

Kassing-Bradley v. Aargon Agency, Inc., No. 9:16-cv-00165 (D.S.C. January 19, 2016) (putative class action alleging violations of Fair Credit Reporting Act for sending improper debt collection voicemail messages).

Rangel, et. al. v. Compliance Staffing Agency, LLC, et. al., No. 4:16-cv-00008 (E.D.N.C. January 19, 2016) (collective action brought under FLSA alleging that staffing companies improperly classified factory workers as independent contractors and failed to pay overtime).

Southern v. WakeMed, No. 5:16-cv-00017 (E.D.N.C. January 13, 2016) (putative class action brought on behalf of hospital patients alleging defendant hospital breached its fiduciary duties and other state laws by seeking improper payments from patients and sending debt collection notices).

Carbone v. China Fun, L.L.C., et. al., No. 2:16-cv-00108 (D.S.C. January 12, 2016) (asserting FLSA collective action and class action under the South Carolina Payment of Wages Act brought by restaurant workers alleging that defendant Chinese restaurant applied an improper “tip credit”).

Gaston, et. al. v. LexisNexis Risk Solutions, Inc., et. al., No. 5:16-cv-00009 (W.D.N.C. January 12, 2016) (consumer class action on behalf of Mecklenburg County residents alleging defendants improperly obtained, released, and sold plaintiffs’ private driving records without express consent from the plaintiffs).