60 Day Notice 2014-00362

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2014-00362
Notice PDF: 
PDF icon 2014-00362.pdf
Date Filed: 
04/15/2014
Noticing Party: 
As You Sow
Alleged Violators: 
IMS Trading LLC
Chemicals: 
p-Dichlorobenzene
Source: 
Moth balls

60-Day Notice Document

Settlement
AG Number:
2014-00362
Settlement PDF: 
PDF icon 2014-00362S3907.pdf
Settlement Date:
01/22/2015
Case Name: 
N/A
Court Name: 
N/A, out-of-court settlement, no action filed
Court Docket Number: 
N/A
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Barbara Chisholm, Altshuler Berzon LLP
Defendant: 
IMS Trading, LLC
Injunctive Relief: 
Revised warning label on package, which has been EPA approved, and shelf warnings for any remaining inventory
*Non-Contingent Civil Penalty:
$ 2,500.00
Attorney(s) Fees and Costs:
$ 23,500.00
Payment in Lieu of Penalty:
$ 3,000.00  (In lieu payment to be deposited into As You Sow's Environmental Enforcement Fund and used as specified in settlement agreement. The payment of attorneys' fees and costs reflects investigatory costs and significant time spent on the negotiation of the settlement.)
Total Payments:
$ 29,000.00
Will settlement be submitted to court?
No
Contact Name: 
Barbara Chisholm
Contact Organization: 
Altshuler Berzon LLP
Email Address:
bchisholm@altshulerberzon.com
Address: 
177 Post St. Ste. 300
City, State, Zip:
San Francisco, CA 94108
Phone Number:
415.421.7151
Comments: 
As You Sow is the noticing party. This is an out-of-court settlement. No action has been filed. IMS Trading has agreements with Dollar Tree Stores, Inc., Dollar Tree Distribution, Inc., and 99 Cent Only Stores LLC that make IMS Trading legally responsible for any violation of Prop 65.

* 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.