60 Day Notice 2011-01057

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2011-01057
Notice PDF: 
PDF icon 2011-01057.pdf
Date Filed: 
12/15/2011
Noticing Party: 
Mateel Environmental Justice Foundation
Alleged Violators: 
Wal-Mart Stores, inc.
The Wasserstrom Company
Midea America Corporation
Bunn-O-Matic Corporation
Chemicals: 
Lead and lead compounds
Source: 
Valved beverage dispensers

60-Day Notice Document

Settlement
AG Number:
2011-01057
Settlement PDF: 
PDF icon 2011-01057S2033.pdf
Settlement Date:
03/25/2012
Case Name: 
MEJF v Taprite Fassco
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-11-512718
Plaintiff: 
Mateel Environmental Justice Foundation
Plaintiff Attorney: 
Brian Acree
Defendant: 
Midea America Corp
Injunctive Relief: 
Reformulation
*Non-Contingent Civil Penalty:
$ 5,000.00
Attorney(s) Fees and Costs:
$ 40,000.00
Payment in Lieu of Penalty:
$ 15,000.00  (7500 payment in lieu of civil penalties to Ecological Rights Foundation 7500 payment in lieu of civil penalties to Californians Against Toxic Substances)
Total Payments:
$ 60,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Brian Acree
Contact Organization: 
Law Office of Brian Acree
Email Address:
brianacree@earthlink.net
Address: 
370 Grand Avenue, Suite 5
City, State, Zip:
Oakalnd, CA 92532
Phone Number:
(510) 271-0827
Judgment
AG Number:
2011-01057
Judgment PDF: 
PDF icon 2011-01057J1556.pdf
Judgment Date:
05/24/2012
Settlement reported to AG: 
Sun, 03/25/2012
Case Name: 
MEJF v. Taprite-Fassco, MFG, Inc., et al.
Court Name: 
San Francisco Superior Court
Court Docket Number: 
CGC-11-512718
Plaintiff: 
Mateel Environmental Justice Foundation
Plaintiff Attorney: 
William Verick
David Williams
Brian Acree
Fredric Evenson
Defendant: 
Midea America Corporation
Injunctive Relief: 
Discontinuance of Sale and Use of Testing Protocol: Midea America agrees that it will discontinue and no longer offer for sale into California any Covered Products that use leaded brass spigots. including those items specifically identified in the 60-Day Notice Letters, except those that have already been manufactured and are already within the stream of commerce prior to the date of entry of this Consent Judgment. Using the testing protocol identified in 7.2.2, or other protocol agreed upon by the Parties, any Covered Product for which the Lead Concentration Level (outcome of test protocol 7.2.2) is less than 1.5 micrograms per liter shall be deemed in compliance with Proposition 65 and may be shipped for sale in California with no warnings.
*Non-Contingent Civil Penalty:
$ 5,000.00
Attorney(s) Fees and Costs:
$ 40,000.00
Payment in Lieu of Penalty:
$ 15,000.00  ($7,500 to the Ecological Rights Foundation, and $7,500 to Californians for Alternatives to Toxics for use toward reducing exposures to toxic chemicals and other pollutants, and toward increasing consumer, worker and community awareness of health hazards posed by lead and other toxic chemicals.)
Total Payments:
$ 60,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Brian Acree
Contact Organization: 
Klamath Environmental Justice Foundation
Email Address:
brianacree@earthlink.net
Address: 
424 First Street
City, State, Zip:
Eureka, CA 95501
Phone Number:
510-271-0827
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.