60 Day Notice 2011-00195

AG Number: 
2011-00195
Notice PDF: 
Date Filed: 
03/09/2011
Noticing Party: 
Mateel Environmental Justice Foundation
Alleged Violators: 
E&B Giftware, Inc.
EB Brands
KR Tools, Inc.
Nibco, Inc.
Pro-Mark, Inc.
Chemicals: 
Lead and lead compounds
Source: 
Brass locks

60-Day Notice Document

Supplemental Complaint
AG Number:
2011-00195
Complaint PDF: 
Date Filed:
02/27/2012
Case Name: 
MEJF v. GROSS MECHANICAL LABORATORIES, INC. ET AL.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-12-517923
Plaintiff: 
Mateel Environmental Justice Foundation
Plaintiff Attorney: 
William Verick
David Williams
Fredric Evenson
Brian Acree
Defendant: 
GROSS MECHANICAL LABORATORIES, INC.
AMASH IMPORTS, INC.
K R TOOLS, INC.
MILTON INDUSTRIES, INC
PRO-MARK, INC.
TENKI-PLEX, INC.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
William Verick
Contact Organization: 
Klamath Environmental Justice Foundation
Email Address:
Address: 
424 First Street
City, State, Zip:
Eureka, CA 95501
Phone Number:
707-268-8900
Fax Number:
707-268-8901
Judgment
AG Number:
2011-00195
Judgment PDF: 
Judgment Date:
12/21/2012
Settlement reported to AG: 
Fri, 12/21/2012
Case Name: 
MEJF v. Gross Mechanical Laboratories, Inc., et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-12-517923
Plaintiff: 
Mateel Environmental Justice Foundation
Plaintiff Attorney: 
William Verick
David Williams
Fredric Evenson
Brian Acree
Defendant: 
PRO-MARK, INC.
Injunctive Relief: 
Covered Gross Mechanical Products and Covered Pro-Mark Products (collectively "Covered Products") shall be deemed to comply with the warning requirements of Proposition 65 for lead and lead compounds (H&S Code 25249.6), and be exempt from any Proposition 65 warning requirements for these listed-chemicals if the brass that is part of the Covered Products is made of an alloy which contains no intentionally added lead and no lead content by weight of more than 0.03% ("300 parts per million," or "300 ppm").
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 10,000.00
Payment in Lieu of Penalty:
$ 4,000.00  (In settlement of all of the claims referred to in this Consent Judgment, Defendant Pro-Mark shall pay an aggregate of$ 15,000 (fifteen thousand dollars) in total monetary relief. Of the foregoing, a total of $1,000 (one thousand dollars) shall be paid in civil penalties, Mateel waives its right to receive twenty five percent (25%) of this payment, and, accordingly, the entire $1,000 shall be paid to the Office of Environmental Health Hazard Assessment (OEHHA). A total of$4,000 (four thousand dollars) shall be paid by Settling Defendant in lieu of, and as an offset for, a larger civil penalty. The amount shall be made payable to Californians for Alternatives to Toxics.)
Total Payments:
$ 15,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
William Verick
Contact Organization: 
Klamath Environmental Justice Foundation
Email Address:
wverick@igc.org
Address: 
424 First Street
City, State, Zip:
Eureka, CA 95501
Phone Number:
707-268-8900
Fax Number:
707-268-8901


* 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.