60 Day Notice 2016-01463

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2016-01463
Notice PDF: 
PDF icon 2016-01463.pdf
Date Filed: 
12/07/2016
Noticing Party: 
Arthur Zivkovic
Plaintiff Attorney: 
Noam Glick
Alleged Violators: 
Amazon.com, Inc.
Metropolitan Vacuum Cleaner Company, Inc.
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Di-isodecyl phthalate (DIDP)
Diisononyl phthalate (DINP)
Source: 
Metro Air Force PVC Standard Flexible Hose, 6ft., Black

60-Day Notice Document

Civil Complaint
AG Number:
2016-01463
Complaint PDF: 
PDF icon 2016-01463C4834.pdf
Date Filed:
03/29/2017
Case Name: 
Zivkovic v. Metropolitan Vacuum Cleaner Company
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC 17-557831
Plaintiff: 
Arthur Zivkovic
Plaintiff Attorney: 
Glick Law Group, PC
Nicholas & Tomasevic, LLP
Defendant: 
Metropolitan Vacuum Cleaner Company, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Craig Nicholas
Contact Organization: 
Nicholas & Tomasevic, LLP
Email Address:
ecarrillo@nicholaslaw.org
Address: 
225 Broadway, 19th Floor
City, State, Zip:
San Diego, CA 92101
Phone Number:
(619) 325-0492
Settlement
AG Number:
2016-01463
Settlement PDF: 
PDF icon 2016-01463S5751.pdf
Settlement Date:
05/02/2017
Case Name: 
Zivkovic v. Metropolitan Vacuum Cleaner Company, Inc., et al
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-17-557-831
Plaintiff: 
Arthur Zivkovic
Plaintiff Attorney: 
Nicholas & Tomasevic, LLP
Glick Law Group, PC
Defendant: 
Metropolitan Vacuum Cleaner Company, Inc.
Injunctive Relief: 
By no later than the Effective Date, and continuing thereafter, Defendant shall provide clear and reasonable warnings for all Products as set forth in subsections 1.5 for all products that do not currently have warnings and that do not qualify as reformulated products. Each warning shall be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Product the warning applies, so as to minimize the risk of consumer confusion.
*Non-Contingent Civil Penalty:
$ 4,000.00
Attorney(s) Fees and Costs:
$ 31,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 35,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Craig Nicholas
Contact Organization: 
Nicholas & Tomasevic, LLP
Email Address:
ecarrillo@nicholaslaw.org
Address: 
225 Broadway, 19th Floor
City, State, Zip:
San Diego, CA 92101
Phone Number:
(619) 325-0492
Judgment
AG Number:
2016-01463
Judgment PDF: 
PDF icon 2016-01463J3594.pdf
Judgment Date:
09/12/2017
Settlement reported to AG: 
Tue, 05/02/2017
Case Name: 
Zivkovic v. Metropolitan Vacuum Cleaner Company
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC17557831
Plaintiff: 
Arthur Zivkovic
Plaintiff Attorney: 
Glick Law Group, PC
Nicholas & Tomasevic, LLP
Defendant: 
Metropolitan Vacuum Cleaner Company
Injunctive Relief: 
By no later than the Effective Date, and continuing thereafter, Defendant shall provide clear and reasonable warnings for all Products as set forth in subsections 1.5 for all products that do not currently have warnings and that do not qualify as reformulated products. Each warning shall be prominently placed with such conspicuousness as compared with other words, statements, 10 designs, or devices as to render it likely to be read and understood by an ordinary individual II under customary conditions before purchase or use. Each warning shall be provided in a manner 12 such that the consumer or user understands to which specific Product the warning applies, so as to 13 minimize the risk of consumer confusion.
*Non-Contingent Civil Penalty:
$ 4,000.00
Attorney(s) Fees and Costs:
$ 31,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 35,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Noam Glick
Contact Organization: 
Glick Law Group, PC
Email Address:
noam@glicklawgroup.com
Address: 
225 Broadway, 21st Floor
City, State, Zip:
San Diego, CA 92101
Phone Number:
619.382.3400
Fax Number:
619.615.2193

* A non-contingent civil penalty is the civil penalty that must be paid pursuant to the settlement, regardless of future events or actions of the defendant. If a settlement includes a contingent penalty, the plaintiff should report the additional penalty amount when it becomes due.