60 Day Notice 2011-00208

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2011-00208
Notice PDF: 
PDF icon 2011-00208.pdf
Date Filed: 
03/11/2011
Noticing Party: 
Environmental Research Center
Alleged Violators: 
Bodybuilding.com, LLC
Chemicals: 
Lead
Source: 
Dietary supplements

60-Day Notice Document

Civil Complaint
AG Number:
2011-00208
Complaint PDF: 
PDF icon 2011-00208C2372.pdf
Date Filed:
09/13/2011
Case Name: 
ERC v. ATF Fitness Products
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-11-514211
Plaintiff: 
Environmental Research Center
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Bodybuilding.com
Type of Claim: 
Failure to Warn
Relief Sought: 
Civil Penalty
Warning
Contact Name: 
Philip Emmons
Contact Organization: 
Law Office of Philip T. Emmons
Email Address:
p-emmons@hotmail.com
Address: 
208 Normandy Lane
City, State, Zip:
Walnut Creek, CA 94598
Phone Number:
(925) 349-4029
Fax Number:
(925) 349-4029
Comments: 
This complaint also incorporates the matters referenced by AG Numbers 2010-00483, 2010-00612, and 2011-00207.
Supplemental Settlement
AG Number:
2011-00208
Settlement PDF: 
PDF icon 2011-00208S3303.pdf
Settlement Date:
04/17/2014
Case Name: 
ERC v. ATF Fitness Products, Inc., et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-11-514211
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Bodybuilding.com, LLC
Injunctive Relief: 
Warning requirements.
*Non-Contingent Civil Penalty:
$ 2,832.00
Attorney(s) Fees and Costs:
$ 33,695.00
Payment in Lieu of Penalty:
$ 8,473.00  (The specific amount of the payment in lieu of penalty is $8,473.50. The $33,695 for attorney's fees and costs is comprised of $19,312.50 for attorney's fees and $14,382 for reimbursement to plaintiff for its reasonable analysis and preparation costs associated with enforcement of Proposition 65 and other expenses and costs incurred as a result of investigating, bringing this matter to defendant's attention, litigating and negotiating this settlement.)
Total Payments:
$ 45,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Philip T. Emmons
Contact Organization: 
Law Office of Philip T. Emmons
Email Address:
p-emmons@hotmail.com
Address: 
1990 N. California Blvd., 8th Floor
City, State, Zip:
Walnut Creek, CA 94596
Phone Number:
925-287-6436
Fax Number:
925-287-6437
Settlement
AG Number:
2011-00208
Settlement PDF: 
PDF icon 2011-00208S3179.pdf
Settlement Date:
11/25/2013
Case Name: 
ERC v. ATF Fitness Products, Inc., et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-11-514211
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Bodybuilding.com, LLC
Injunctive Relief: 
Permanent discontinuation of manufacturing for sale in California, distributing into California, or directly selling to any California consumers the Covered Products.
*Non-Contingent Civil Penalty:
$ 2,832.00
Attorney(s) Fees and Costs:
$ 33,695.00
Payment in Lieu of Penalty:
$ 8,473.00  (The specific considered a payment in lieu of further civil penalties is $8,473.50. The specific amount $33,695 for attorney's fees and costs is $33,694.50,divided into $19,312.50 for attorney's fees and $14,382 considered a reimbursement to plaintiff for its reasonable analysis and preparation costs associated with the enforcement of Proposition 65 and other expenses and costs incurred as a result of investigating, bringing this matter to defendant's attention, litigating and negotiating this settlement. )
Total Payments:
$ 45,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Philip T. Emmons
Contact Organization: 
Law Office of Philip T. Emmons
Email Address:
p-emmons@hotmail.com
Address: 
1990 N. California Blvd., 8th Floor
City, State, Zip:
Walnut Creek, CA 94596
Phone Number:
925-287-6436
Fax Number:
925-287-6437
Judgment
AG Number:
2011-00208
Judgment PDF: 
PDF icon 2011-00208J2179.pdf
Judgment Date:
05/23/2014
Settlement reported to AG: 
Thu, 04/17/2014
Case Name: 
ERC v. ATF Fitness Products, Inc., et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-11-514211
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Philip T. Emmons
Defendant: 
Bodybuilding.com, LLC
Injunctive Relief: 
Warning requirements.
*Non-Contingent Civil Penalty:
$ 2,832.00
Attorney(s) Fees and Costs:
$ 33,695.00
Payment in Lieu of Penalty:
$ 8,473.00  (The specific amount of the payment in lieu of penalty is $8,473.50. The $33,695 for attorney's fees and costs is comprised of $19,312.50 for attorney's fees and $14,382 for reimbursement to plaintiff for its reasonable analysis and preparation costs associated with enforcement of Proposition 65 and other expenses and costs incurred as a result of investigating, bringing this matter to defendant's attention, litigating and negotiating this settlement.)
Total Payments:
$ 45,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Philip T. Emmons
Contact Organization: 
Law Office of Philip T. Emmons
Email Address:
p-emmons@hotmail.com
Address: 
1990 N. California Blvd., 8th Floor
City, State, Zip:
Walnut Creek, CA 94596
Phone Number:
925-287-6436
Fax Number:
925-287-6437

* 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.