60 Day Notice 2016-00012

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2016-00012
Notice PDF: 
PDF icon 2016-00012.pdf
Date Filed: 
01/13/2016
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Alleged Violators: 
Omega Protein Corporation
Wisconsin Specialty Protein, LLC
Chemicals: 
Lead and lead compounds
Source: 
Dietary Supplements

60-Day Notice Document

Civil Complaint
AG Number:
2016-00012
Complaint PDF: 
PDF icon 2016-00012C4333.pdf
Date Filed:
07/28/2016
Case Name: 
Environmental Research Center v. Omega Protein Corp. et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16825174
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Defendant: 
Omega Protein Corporation
Wisconsin Specialty Protein, LLC
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Injunction
Contact Name: 
William F. Wraith
Contact Organization: 
Wraith Law
Email Address:
bill@wraithlaw.com
Address: 
24422 Avenida de la Carlota, Suite 400
City, State, Zip:
Laguna Hills, CA 92653
Phone Number:
(949) 452-1234
Fax Number:
(949) 452-1234
Supplemental Settlement
AG Number:
2016-00012
Settlement PDF: 
PDF icon 2016-00012S5240.pdf
Settlement Date:
08/03/2016
Case Name: 
environmental Research Center v. Omega Protein Corporation
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16825174
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Defendant: 
Omega Protein Corporation
Wisconsin Specialty Protein, LLC
Injunctive Relief: 
Warning and Testing Protocol
*Non-Contingent Civil Penalty:
$ 23,375.00
Attorney(s) Fees and Costs:
$ 23,121.00
Payment in Lieu of Penalty:
$ 25,504.00  (In full satisfaction of all potential civil penalties, payment in lieu of civil penalties, attorney’s fees, and costs, OMEGA PROTEIN shall make a total payment of $72,000 (“Total Settlement Amount”) to ERC within 5 days of the Effective Date. OMEGA PROTEIN shall make this payment by wire transfer to ERC’s escrow account, for which ERC will give OMEGA PROTEIN the necessary account information. The Total Settlement Amount shall be apportioned as follows: $23,375 shall be considered a civil penalty pursuant to California Health and Safety Code §25249.7(b)(1). ERC shall remit 75% ($17,531.25) of the civil penalty to the Office of Environmental Health Hazard Assessment (“OEHHA”) for deposit in the Safe Drinking Water and Toxic Enforcement Fund in accordance with California Health and Safety Code §25249.12(c). ERC will retain the remaining 25% ($5,843.75) of the civil penalty. $2,127.11 shall be distributed to ERC as reimbursement to ERC for reasonable costs incurred in bringing this action. $23,377.12 shall be distributed 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 $1,150.00 to the As You Sow to address reducing toxic chemical exposures in California. $8,785.00 shall be distributed to William F. Wraith as reimbursement of ERC’s attorney’s fees, while $14,335.77 shall be distributed to ERC for its in-house legal fees. )
Total Payments:
$ 72,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
William F. Wraith
Contact Organization: 
Wraith Law
Email Address:
bill@wraithlaw.com
Address: 
24422 Avenida de la Carlota, Suite 400
City, State, Zip:
Laguna Hills, CA 92653
Phone Number:
(949) 452-1234
Settlement
AG Number:
2016-00012
Settlement PDF: 
PDF icon 2016-00012S5125.PDF
Settlement Date:
07/26/2016
Case Name: 
Environmental Research Center v. Omega Protein Corp. et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
rG16825174
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Defendant: 
Omega Protein Corporation
wisconsin Specialty Protein, LLC
Injunctive Relief: 
Warning and testing protocol
*Non-Contingent Civil Penalty:
$ 22,996.00
Attorney(s) Fees and Costs:
$ 26,006.00
Payment in Lieu of Penalty:
$ 22,998.00  (In full satisfaction of all potential civil penalties, payment in lieu of civil penalties, attorney’s fees, and costs, OMEGA PROTEIN shall make a total payment of $72,000 (“Total Settlement Amount”) to ERC within 5 days of the Effective Date. OMEGA PROTEIN shall make this payment by wire transfer to ERC’s escrow account, for which ERC will give OMEGA PROTEIN the necessary account information. The Total Settlement Amount shall be apportioned as follows: $22,996.00 shall be considered a civil penalty pursuant to California Health and Safety Code §25249.7(b)(1). ERC shall remit 75% ($17,247.00) of the civil penalty to the Office of Environmental Health Hazard Assessment (“OEHHA”) for deposit in the Safe Drinking Water and Toxic Enforcement Fund in accordance with California Health and Safety Code §25249.12(c). ERC will retain the remaining 25% ($5,749.00) of the civil penalty. $2,885.06 shall be distributed to ERC as reimbursement to ERC for reasonable costs incurred in bringing this action. $22,998.17 shall be distributed 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 $1,150.00 to the As You Sow to address reducing toxic chemical exposures in California. $8,785.00 shall be distributed to William F. Wraith as reimbursement of ERC’s attorney’s fees, while $14,335.77 shall be distributed to ERC for its in-house legal fees. )
Total Payments:
$ 72,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
William F. Wraith
Contact Organization: 
Wraith Law
Email Address:
bill@wraithlaw.com
Address: 
24422 Avenida de la Carlota, Suite 400
City, State, Zip:
Laguna Hills, CA 92653
Phone Number:
(949) 452-1234
Fax Number:
(949) 452-1234
Corrected Judgment
AG Number:
2016-00012
Judgment PDF: 
PDF icon 2016-00012J3289.pdf
Judgment Date:
11/15/2016
Settlement reported to AG: 
Tue, 07/26/2016
Case Name: 
Environmental Research Center v. Omega Protein Corp. et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16825174
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Defendant: 
Omega Protein Corporation
Wisconsin Specialty Protein, LLC
Injunctive Relief: 
Warning and testing protocol
*Non-Contingent Civil Penalty:
$ 22,996.00
Attorney(s) Fees and Costs:
$ 26,006.00
Payment in Lieu of Penalty:
$ 22,998.00  (In full satisfaction of all potential civil penalties, payment in lieu of civil penalties, attorney’s fees, and costs, OMEGA PROTEIN shall make a total payment of $72,000 (“Total Settlement Amount”) to ERC within 5 days of the Effective Date. OMEGA PROTEIN shall make this payment by wire transfer to ERC’s escrow account, for which ERC will give OMEGA PROTEIN the necessary account information. The Total Settlement Amount shall be apportioned as follows: $22,996.00 shall be considered a civil penalty pursuant to California Health and Safety Code §25249.7(b)(1). ERC shall remit 75% ($17,247.00) of the civil penalty to the Office of Environmental Health Hazard Assessment (“OEHHA”) for deposit in the Safe Drinking Water and Toxic Enforcement Fund in accordance with California Health and Safety Code §25249.12(c). ERC will retain the remaining 25% ($5,749.00) of the civil penalty. $2,885.06 shall be distributed to ERC as reimbursement to ERC for reasonable costs incurred in bringing this action. $22,998.17 shall be distributed 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 $1,150.00 to the As You Sow to address reducing toxic chemical exposures in California. $8,785.00 shall be distributed to William F. Wraith as reimbursement of ERC’s attorney’s fees, while $14,335.77 shall be distributed to ERC for its in-house legal fees. )
Total Payments:
$ 72,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
William F. Wraith
Contact Organization: 
Wraith Law
Email Address:
bill@wraithlaw.com
Address: 
24422 Avenida de la Carlota, Suite 400
City, State, Zip:
Laguna Hills, CA 92653
Phone Number:
(949) 452-1234
Judgment
AG Number:
2016-00012
Judgment PDF: 
PDF icon 2016-00012J3288.pdf
Judgment Date:
11/25/2016
Settlement reported to AG: 
Tue, 07/26/2016
Case Name: 
Environmental Research Center v. Omega Protein Corp. et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG16825174
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
William F. Wraith
Defendant: 
Omega Protein Corporation
Wisconsin Specialty Protein, LLC
Injunctive Relief: 
Warning and testing protocol
*Non-Contingent Civil Penalty:
$ 22,996.00
Attorney(s) Fees and Costs:
$ 26,006.00
Payment in Lieu of Penalty:
$ 22,998.00  (In full satisfaction of all potential civil penalties, payment in lieu of civil penalties, attorney’s fees, and costs, OMEGA PROTEIN shall make a total payment of $72,000 (“Total Settlement Amount”) to ERC within 5 days of the Effective Date. OMEGA PROTEIN shall make this payment by wire transfer to ERC’s escrow account, for which ERC will give OMEGA PROTEIN the necessary account information. The Total Settlement Amount shall be apportioned as follows: $22,996.00 shall be considered a civil penalty pursuant to California Health and Safety Code §25249.7(b)(1). ERC shall remit 75% ($17,247.00) of the civil penalty to the Office of Environmental Health Hazard Assessment (“OEHHA”) for deposit in the Safe Drinking Water and Toxic Enforcement Fund in accordance with California Health and Safety Code §25249.12(c). ERC will retain the remaining 25% ($5,749.00) of the civil penalty. $2,885.06 shall be distributed to ERC as reimbursement to ERC for reasonable costs incurred in bringing this action. $22,998.17 shall be distributed 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 $1,150.00 to the As You Sow to address reducing toxic chemical exposures in California. $8,785.00 shall be distributed to William F. Wraith as reimbursement of ERC’s attorney’s fees, while $14,335.77 shall be distributed to ERC for its in-house legal fees. )
Total Payments:
$ 72,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
William F. Wraith
Contact Organization: 
Wraith Law
Email Address:
bill@wraithlaw.com
Address: 
24422 Avenida de la Carlota, Suite 400
City, State, Zip:
Laguna Hills, CA 92653
Phone Number:
(949) 452-1234

* 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.