Plaintiff Attorney:
Law Office of David R. Bush
Jeremy Fietz, Attorney-at-Law
Alleged Violators:
Viking Range, LLC
The Middleby Corporation
Chemicals:
Diisononyl phthalate (DINP)
60-Day Notice Document
Civil Complaint
Case Name:
DiPirro v. Viking Range, LLC
Court Name:
Alameda County Superior Court - Hayward
Plaintiff Attorney:
Law Office of Jeremy Feitz
Law Office of David R. Bush
Relief Sought:
Warning
Civil Penalty
Costs and fees
Contact Organization:
Jeremy Fietz, Attorney-at-law
Supplemental Settlement
Settlement Date:
04/05/2023
Case Name:
DiPirro v. Viking Range, LLC
Court Name:
Alameda County Superior Court
Plaintiff Attorney:
Law Office of Jeremy Feitz
Law Office of David R. Bush
Injunctive Relief:
In this amended Consent Judgment, the internet warning sections (2.2 and 2.3) were revised per the request of Susan Fiering.
*Non-Contingent Civil Penalty:
$ 1,500.00
Attorney(s) Fees and Costs:
$ 66,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 67,500.00
Will settlement be submitted to court?
Contact Organization:
Law Office of David R. Bush
City, State, Zip:
Sebastopol, CA 95472
Phone Number:
(707) 321-5028
Settlement
Settlement Date:
02/22/2023
Case Name:
DiPirro v. Viking Range, LLC
Court Name:
Alameda County Superior Court
Plaintiff Attorney:
Law Office of Jeremy Feitz
Law Office of David R. Bush
Injunctive Relief:
Requisite health hazard warnings to be provided within 30 days of Effective Date for all sales into California including internet sales. In the alternative, Violator may reformulate to remove the Listed Chemical.
*Non-Contingent Civil Penalty:
$ 1,500.00
Attorney(s) Fees and Costs:
$ 66,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 67,500.00
Will settlement be submitted to court?
Contact Organization:
Law Office of David R. Bush
City, State, Zip:
Sebastopol, CA 95472
Phone Number:
(707) 321-5028
Settlement
Settlement Date:
02/22/2023
Case Name:
DiPirro v. Viking Range, LLC
Court Name:
Alameda County Superior Court
Plaintiff Attorney:
Law Office of Jeremy Feitz
Law Office of David R. Bush
Injunctive Relief:
Defendant to provide requisite health hazard warnings on all products sold into California, including for internet sales.
*Non-Contingent Civil Penalty:
$ 1,500.00
Attorney(s) Fees and Costs:
$ 66,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 67,500.00
Will settlement be submitted to court?
Contact Organization:
Law Office of David R. Bush
City, State, Zip:
Sebastopol, CA 95472
Phone Number:
(707) 321-5028
Judgment
Judgment Date:
05/11/2023
Settlement reported to AG:
Case Name:
DIPirro v. Viking Range, LLC
Court Name:
Alameda County Superior Court
Plaintiff Attorney:
Jeremy Fietz, Attorney at Law
Law Office of David R. Bush
Injunctive Relief:
Defendant to provide requisite health hazard warnings on Products sold into California, including internet sales. No warnings had previously been given.
*Non-Contingent Civil Penalty:
$ 1,500.00
Attorney(s) Fees and Costs:
$ 66,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 67,500.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Law Office of David R. Bush
Address:
321 South Main Street #502
City, State, Zip:
Sebastopol, CA 95472
Phone Number:
(707) 321-5028
* 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.
