Lawsuit alleges McDonald’s customers forced to pay for cheese they don’t want

Two South Florida residents are suing McDonald’s, claiming the fast-food giant is forcing customers to pay for cheese on its signature Quarter Pounder and Double Quarter Pounder burgers, even if they only want plain burgers.

A lawsuit, filed earlier this month in Fort Lauderdale federal court, is seeking class-action status on behalf of plaintiffs Cynthia Kissner and Leonard Werner.

According to the lawsuit, McDonald’s has for years sold a Quarter Pounder, Double Quarter Pounder and the “with cheese” options as four separate items on the menu.

At some point, however, the lawsuit claims, McDonald’s “ceased separately displaying these products for purchase on menus.”

Instead, the lawsuit claims, McDonald’s listed only the Quarter Pounder with cheese and Double Quarter Pounder with cheese as menu items, including their availability to purchase as part of a value meal.  

“A customer who wanted a Quarter Pounder was required to order and pay for a Quarter Pounder with cheese, which was given to the customer without cheese,” the lawsuit claims. “Similarly, when a customer wanted a Double Quarter Pounder, the customer was required to order and pay for a Double Quarter Pounder with cheese, which was given to the customer without cheese. This practice was also employed when a customer wanted a value meal that included either a Quarter Pounder or a Double Quarter Pounder.”

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The lawsuit alleges that customers “continue to be overcharged for these products, by being forced to pay for two slices of cheese, which they do not want, order or receive, to be able to purchase their desired product.”

It goes on to accuse McDonald’s of “deceptive and misleading” practices, saying the fast-food chain is “being unjustly enriched by these practices because it receives payment for cheese it does not deliver to its customers.”

Local 10 News has contacted McDonald’s and Miami attorney Andrew T. Lavin seeking comment.

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Trump National Doral gunman booked into jail

A gunman who was shot by police after he opened fire in the lobby of Trump National Doral, draped an American flag over the counter and started yelling about President Donald Trump is now in jail.

Jonathan Oddi, 42, of Doral, was booked into the Turner Guilford Knight Correctional Center on Sunday evening.

Doral police Chief Hernan Organvidez said officers were called to the hotel about 1:30 a.m. after receiving reports from employees of an active shooter. He said the officers encountered the gunman in the lobby and “exchanged gunfire with him.”

Miami-Dade Police Director Juan Perez said Oddi apparently tried to lure officers into a gunfight.

“He did succeed and he did lose,” Perez said, praising the officers who risked their lives to diffuse the situation.

Perez said Oddi removed the American flag from the flagpole at the golf resort and carried it into the lobby, draping it over the counter. He said Oddi began yelling “anti-Trump — President Trump — rhetoric.”

“The exact words, I don’t know,” Perez said.

Perez said Oddi, who pulled a fire alarm at one point, fired a handgun into the roof of the lobby and waited for officers “to engage them.” He said one Miami-Dade police officer and four Doral police officers returned fire.

“They were met with an individual with a handgun, who pointed it at them and proceeded to fire into the roof and the chandeliers of the hotel,” Perez said. 

A Doral police officer suffered a broken wrist and was taken to Baptist Hospital. No other officers were injured.

Oddi had been at Kendall Regional Medical Center, where he was treated for multiple gunshot wounds to his lower body.

The FBI and U.S. Secret Service are also investigating.

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Trump National Doral gunman booked into jail

A gunman who was shot by police after he opened fire in the lobby of Trump National Doral, draped an American flag over the counter and started yelling about President Donald Trump is now in jail.

Jonathan Oddi, 42, of Doral, was booked into the Turner Guilford Knight Correctional Center on Sunday evening.

Doral police Chief Hernan Organvidez said officers were called to the hotel about 1:30 a.m. after receiving reports from employees of an active shooter. He said the officers encountered the gunman in the lobby and “exchanged gunfire with him.”

Miami-Dade Police Director Juan Perez said Oddi apparently tried to lure officers into a gunfight.

“He did succeed and he did lose,” Perez said, praising the officers who risked their lives to diffuse the situation.

Perez said Oddi removed the American flag from the flagpole at the golf resort and carried it into the lobby, draping it over the counter. He said Oddi began yelling “anti-Trump — President Trump — rhetoric.”

“The exact words, I don’t know,” Perez said.

Perez said Oddi, who pulled a fire alarm at one point, fired a handgun into the roof of the lobby and waited for officers “to engage them.” He said one Miami-Dade police officer and four Doral police officers returned fire.

“They were met with an individual with a handgun, who pointed it at them and proceeded to fire into the roof and the chandeliers of the hotel,” Perez said. 

A Doral police officer suffered a broken wrist and was taken to Baptist Hospital. No other officers were injured.

Oddi had been at Kendall Regional Medical Center, where he was treated for multiple gunshot wounds to his lower body.

The FBI and U.S. Secret Service are also investigating.

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Son accused of killing retired judge, dumping remains pleads not guilty

A Fort Lauderdale man accused of killing his father and dumping the remains at an old golf course in Boca Raton has pleaded not guilty.

James Scandirito Jr., 49, entered the plea in court Thursday morning. 

A grand jury indicted Scandirito Jr. on a charge of first-degree murder on April 19. The indictment alleges that Scandirito Jr. killed his father, a retired judge from Michigan, “utilizing unspecified means.”

Scandirito Jr. was arrested April 9 in Alachua County after he stole a license plate and fled north in an attempt to avoid being caught, Boca Raton police said.

According to a probable cause affidavit, Scandirito’s Ford Escape was discovered by police on Easter Sunday at Knowles Park in Delray Beach, but the 74-year-old Boca Raton man’s cellphone, wallet and keys were nowhere to be found.

Instead, police found a three-day-old receipt from Home Depot on the passenger floorboard. It showed a cash transaction, dated March 29 at 6:06 a.m., in which a hand truck and gas can had been purchased.

When asked by police why his father was at Home Depot so early in the morning, Scandirito Jr. said he bought the items to use with a pressure washer that he was taking back to his apartment in Fort Lauderdale.

It was the first of many lies that police allege Scandirito Jr. told them over the next several days.

During the search for Scandirito, his son told police that he didn’t see any recent credit card or bank activity on his father’s accounts. However, financial records showed that there were several purchases made on Scandirito’s debit card between March 28 and March 30.

“Several items were purchased at Publix, including duct tape, garbage bags and cleaning supplies,” Detective Robert Volguardson wrote in the probable cause affidavit.

It was Scandirito Jr. seen on surveillance video making the purchases, Volguardson wrote.

A review of the surveillance video from Knowles Park also showed Scandirito’s SUV entering the park about 8:30 a.m. March 31. A review of Scandirito’s cellphone records showed it was last used 13 minutes later.

Financial records showed Scandirito Jr. making several attempts to withdraw $9,500 from a beneficiary account in his father’s name, and he also withdrew $1,400 in cash — almost the entire amount — from his personal checking account.

On the morning of March 31, Scandirito Jr. and his father’s friend, Gary Goodin, were supposed to watch a basketball game with Scandirito at his Boca Raton home, but he never arrived. Scandirito Jr. told police he sent a text message and tried to call his father’s phone, but he got no reply or answer. 

Goodin also called Scandirito’s phone, which went straight to voicemail. The next morning, Goodin called nearby hospitals looking for his friend and eventually contacted police.

During an April 3 interview with detectives, Scandirito Jr. said he played golf with father on the morning of March 28, ran some errands and returned to his father’s home to drink tequila and celebrate what would have been his late mother’s birthday. Scandirito Jr. said he and his father drank throughout the night, so he decided to sleep over.

The next morning, Scandirito Jr. said, his father told him that he was going to Miami with a friend to watch a tennis match, so he decided to go back to Fort Lauderdale. Scandirito Jr. told police that his father asked him to clean out the garage, so they decided to swap vehicles. When Scandirito Jr. got to the home, his father wasn’t there.

Scandirito Jr. told police that he spent another night there, and when his father returned mid-morning, Scandirito Jr. didn’t ask where he had been. They exchanged vehicles and he went back to Fort Lauderdale.

It wasn’t until about midnight March 31 that Scandirito Jr. said he received a call from his father’s cellphone, but he didn’t answer.

During an April 3 search of the home, detectives found the presence of blood drops in the garage, including on the hand truck that had been purchased from Home Depot, the affidavit said.

Meanwhile, police were conducting surveillance on Scandirito Jr., who made several trips back and forth between Broward and Palm Beach counties.

Among the places Scandirito Jr. went was to the old Ocean Breeze Golf Course, the affidavit said. He arrived carrying a small bag and left with a suitcase and wearing a different set of clothes.

Scandirito Jr. was then seen carrying the suitcase and disposing of it in a dumpster, the affidavit said.
The suitcase, along with a smaller suitcase inside of it, was recovered by police and contained “bloody clothing, maggots and the smell of decomposing remains.”

Within a few hours, human remains were found on the golf course, buried about 4 feet deep. An associate medical examiner later identified the remains as those of Scandirito.

A police dive team searched a pond near where the remains were discovered and found a shovel in the water about 20 yards from shore, the affidavit said.

Scandirito’s cellphone records showed that between March 28 and March 31, his phone was near the golf course, his son’s Fort Lauderdale apartment and his Boca Raton home. Scandirito Jr.’s cellphone records showed that it was at Knowles Park one day before Delray Beach police found his father’s SUV there, the affidavit said.

Investigators concluded that Scandirito was killed on or about March 28.

Volguardson wrote that Scandirito Jr. had not tried to contact police or family members since the April 3 search of his father’s home.

Scandirito’s financial adviser told detectives that he had a portfolio worth about $800,000.

“Scandirito Jr. is the sole beneficiary on many of these accounts,” Volguardson wrote.

Also Thursday, a trial date was set for September. 

Assistant state attorney Andrew Slater filed a May 4 court document that the state would not seek the death penalty.

Scandirito Jr. remains in a Palm Beach County jail without bond.

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Man says Cheesecake Factory staff harassed him for wearing pro-Trump hat

Police officers were called to Miami-Dade County Cheesecake Factory this weekend after a man said he was harassed by the staff for wearing a “Make America Great Again” hat.

Miami-Dade police filed a report about the incident, but officers said no threats were made and no physical altercation occurred.

The red hats were made popular by Donald Trump’s successful campaign for president in 2016.

But people sporting the baseball caps have led to a number of disputes across the county in recent months between opponents of the president and his supporters.

Eugene Joseph and his girlfriend Jennifer Restrepo said they were eating lunch at the restaurant in the Dadeland Mall on Sunday with other family members when the incident took place. Restrepo told police that she felt uncomfortable because employees were gathering around the table and making comments about her boyfriend’s hat. 

Restrepo said the employees were “crackling their knuckles” and threatening to knock the hat off Joseph’s head, according to the police report.

In a message to Local 10 News, Restrepo described more about what led her to call police. 

“The employee gathered around our table, stopped working and began chanting that my boyfriend be kicked out,” Restrepo said. “This was supposed to be a simple Mother’s Day celebration and instead we were threatened and harassed by an entire restaurant of employees.”

The Cheesecake Factory released a statement about the incident.

“No guest should ever feel unwelcome in one of our restaurants and we are taking this matter very seriously.  Upon learning of this incident, we immediately apologized to the guests in person,” said Alethea Rowe, senior director, public relations for the Cheesecake Factory Inc. “The individuals involved in the incident have been suspended pending the results of our investigation.”

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