Judgment Date:
11/08/2016
Settlement reported to AG:
Case Name:
Envt'l Research Ctr., Inc. v. Cyanotech Corp et al.
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Research Center, Inc.
Plaintiff Attorney:
Tanya A. Gulesserian
Christina M. Caro
Defendant:
Cyanotech Corporation
Nutrex Hawaii, Inc.
Injunctive Relief:
Warning, Testing, Reformulation
*Non-Contingent Civil Penalty:
$ 21,320.00
Attorney(s) Fees and Costs:
$ 42,357.00
Payment in Lieu of Penalty:
$ 21,323.00 ((In full satisfaction of all potential civil penalties, payment in lieu of civil penalties, attorney’s fees, and costs, Cyanotech shall make a total payment of $85,000.00 to ERC within ten (10) days of the Effective Date. Cyanotech shall make this payment by wire transfer to ERC’s escrow account, for which ERC will give Cyanotech the necessary account information. Said payment shall be for the following: $21,320.00 shall be payable as
civil penalties pursuant to California Health and Safety Code section 25249.7(b)(1). Of this amount, ERC shall remit 75% $15,990.00 to the Office of Environmental Health Hazard Assessment (“OEHHA”) and $5,330.00 shall be retained by ERC. California Health and Safety Code section 25249.12(c)(1) & (d). ERC will be responsible for forwarding the civil penalty. $650.21 shall be payable to ERC as reimbursement to ERC for reasonable costs incurred in bringing this action. $21,323.19 shall be payable to ERC in lieu of further civil penalties, for the day-to-day business activities such as (1)
continued enforcement of Proposition 65, which includes work, analyzing, researching and testing consumer products that may contain Proposition 65 chemicals, focusing on the same or similar type of ingestible products that are the subject matter of the current action; (2) the continued monitoring of past consent judgments and settlements to ensure companies are in compliance with Proposition 65; and (3) giving a donation of $1,066.00 to the Center for Environmental Health to address reducing toxic chemical exposures in California. $23,785.50 shall be payable to Adams Broadwell Joseph and
Cardozo as reimbursement of ERC’s attorney’s fees while $17,921.10 shall be distributed to ERC for its in-house legal fees.))
Total Payments:
$ 85,000.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Adams Broadwell Joseph & Cardozo
Address:
601 Gateway Boulevard, Suite 1000
City, State, Zip:
South San Francisco, CA 94080
Phone Number:
(650) 589-1660
Fax Number:
(650) 589-5062