60 Day Notice 2017-01268

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2017-01268
Notice PDF: 
PDF icon 2017-01268.pdf
Date Filed: 
05/08/2017
Noticing Party: 
Evelyn Wimberley
Plaintiff Attorney: 
Stephen Ure
Alleged Violators: 
Dick's Sporting Goods, Inc
Maurice Sporting Goods, Inc
Chemicals: 
Carbon monoxide
soots, tar and mineral oils (coal tar)
Source: 
2 in 1 Zip Wood Firestarter

60-Day Notice Document

Civil Complaint
AG Number:
2017-01268
Complaint PDF: 
PDF icon 2017-01268C5126.pdf
Date Filed:
02/05/2018
Case Name: 
Evelyn Wimberley v. Dick's Sporting Goods Inc. and DOES 1-25
Court Name: 
San Diego Superior Court
Court Docket Number: 
37-2018-00006053-CU-NP-NC
Plaintiff: 
Evelyn Wimberley
Plaintiff Attorney: 
Stephen Ure
Defendant: 
Dick's Sporting Goods, Inc
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Attorney Fees and Costs
Contact Name: 
Stephen Ure
Contact Organization: 
Law Offices of Stephen Ure, PC
Email Address:
sure@urelaw.com
Address: 
11622 El Camino Real, Suite 100
City, State, Zip:
San Diego, CA 92130
Phone Number:
(619) 235-5400
Settlement
AG Number:
2017-01268
Settlement PDF: 
PDF icon 2017-01268S6728.pdf
Settlement Date:
06/27/2018
Case Name: 
Evelyn Wimberley v. Dick's Sporting Goods Inc. and DOES 1-25
Court Name: 
San Diego Superior Court
Court Docket Number: 
37-2018-00006053-CU-NP-NC
Plaintiff: 
Evelyn Wimberley
Plaintiff Attorney: 
Stephen Ure
Defendant: 
Dick's Sporting Goods, Inc
Injunctive Relief: 
"Warning: Cancer and Reproductive harm. www.P65Warnings.ca.gov." or "Warning: This product can expose you to carbon monoxide and soot, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov." or "Warning: The combustion of wood, charcoal, and other fuels can expose you to chemicals, including soot and carbon monoxide, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to, www.P65Warnings.ca.gov." or "WARNING: Combustion byproducts, such as carbon monoxide and soot, produced when using this product, contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65 Warnings.ca.gov."
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 34,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 35,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Stephen Ure
Contact Organization: 
Law Offices of Stephen Ure, PC
Email Address:
sure@urelaw.com
Address: 
11622 El Camino Real, Suite 100
City, State, Zip:
San Diego, CA 92130
Phone Number:
(619) 235-5400
Comments: 
Standard Brands (UK), LTD were added to the complaint by Defendant Dick's Sporting Goods, Inc as a Cross-Defendant. The Settlement only covers items noticed in the 60 day notice issued to Dick's Sporting Goods, Inc.
Judgment
AG Number:
2017-01268
Judgment PDF: 
PDF icon 2017-01268J4211.pdf
Judgment Date:
04/15/2019
Settlement reported to AG: 
Wed, 06/27/2018
Case Name: 
Evelyn Wimberley v. Dick's Sporting Goods Inc and DOES 1-25
Court Name: 
San Diego Superior Court
Court Docket Number: 
37-2018-00006053-CU-NP-NC
Plaintiff: 
Evelyn Wimberley
Plaintiff Attorney: 
Stephen Ure
Defendant: 
Dick's Sporting Good's
Injunctive Relief: 
"WARNING: Cancer and Reproductive Harm. www.P65Warnings.ca.gov" OR "WARNING: This product can expose you to carbon monoxide and soot, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov." OR "WARNING: The combustion of wood, charcoal, and other fuels can expose you to chemicals, including soot and carbon monoxide, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov" OR "WARNING: Combustion byproducts, such as carbon monoxide and soot, produced when using this product, contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov."
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 34,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 35,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Stephen Ure
Contact Organization: 
Law Offices of Stephen Ure PC
Email Address:
sure@urelaw.com
Address: 
11622 El Camino Real, Suite 100
City, State, Zip:
San Diego, CA 92130
Phone Number:
(619) 235-5400

* 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.