60 Day Notice 2021-00381

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2021-00381
Notice PDF: 
PDF icon 2021-00381.pdf
Date Filed: 
02/17/2021
Noticing Party: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Alleged Violators: 
Orly Shoe Corp.
Marshalls
Chemicals: 
Di(2-ethylhexyl)phthalate (DEHP)
Source: 
French Connection travel kit and reusable case SKU_096734784
Comments: 
This is a supplemental notice requested by counsel for Defendant Orly Shoe Corp. to name Orly as an alleged violator. The original Notice is OAG 2021-00210.

60-Day Notice Document

Civil Complaint
AG Number:
2021-00381
Complaint PDF: 
PDF icon 2021-00381C6879.pdf
Date Filed:
07/01/2021
Case Name: 
Hammond v Orly Shoe Corp.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG21103455
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Defendant: 
Orly Shoe Corp.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Joe Agliozzo
Contact Organization: 
Joseph D. Agliozzo, Law Corporation
Email Address:
joeags@gmail.com
Address: 
1601 N. Sepulveda Boulevard, 649
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614
Comments: 
This case has been resolved by the parties executing a proposed consent judgment, which will be uploaded shortly. The case also resolves related OAG Number 2021-00210, the original filing. The supplemental Notice (this notice number 2021-00381 was issued at defense counsel's request to identify Orly Shoe Corp. as the vendor.
Settlement
AG Number:
2021-00381
Settlement PDF: 
PDF icon 2021-00381S9652.pdf
Settlement Date:
07/09/2021
Case Name: 
Hammond v Orly Shoe Corp.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG21103455
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Defendant: 
Orly Shoe Corp.
Injunctive Relief: 
3.1. Defendant agrees to cease the manufacture, import, and/or shipment of the Covered Products in the state of California. Shall Defendant continue to manufacture, import, and/or shipment of the Covered Products in the state of California, Defendant agrees to provide a warning as described in Sections 3.2-3.3, below. Compliance with Section 3.1 will constitute compliance by Defendant with all requirements of Proposition 65 relating to DEHP exposure in the Covered Products. 3.2. Warning Option Should Defendant elect to provide a warning in lieu of ceasing the manufacture, import, and/or shipment of the Covered Products in the state of California, Covered Products shall be accompanied by a warning as described in Section 3.3, below. No Proposition 65 warning shall be required as to any Covered Products that are already in the stream of commerce as of the Effective Date.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 23,500.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 24,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Joe Agliozzo
Contact Organization: 
Joseph D. Agliozzo, Law Corporation
Email Address:
joeags@gmail.com
Address: 
1601 N. Sepulveda Boulevard, 649
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614
Comments: 
This proposed consent judgment, when approved, will also resolve OAG 2021-00210, the original notice in the case. The supplemental notice - OAG 2021-00381 was issued at defense counsel's request to identify Orly as the vendor of the product. We expect to serve the OAG's office with notice of motion for approval and supporting documents as soon as possible.
Judgment
AG Number:
2021-00381
Judgment PDF: 
PDF icon 2021-00381J4717.pdf
Judgment Date:
10/20/2021
Settlement reported to AG: 
Fri, 07/09/2021
Case Name: 
Hammond v Orly Shoe Corp.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG21103455
Plaintiff: 
Sara Hammond
Plaintiff Attorney: 
Joseph D. Agliozzo, Law Corporation
Defendant: 
Orly Shoe Corp.
Injunctive Relief: 
3.1. Defendant agrees to cease the manufacture, import, and/or shipment of the Covered Products in the state of California. Shall Defendant continue to manufacture, import, and/or shipment of the Covered Products in the state of California, Defendant agrees to provide a warning as described in Sections 3.2-3.3, below. Compliance with Section 3.1 will constitute compliance by Defendant with all requirements of Proposition 65 relating to DEHP exposure in the Covered Products. 3.2. Warning Option Should Defendant elect to provide a warning in lieu of ceasing the manufacture, import, and/or shipment of the Covered Products in the state of California, Covered Products shall be accompanied by a warning as described in Section 3.3, below. No Proposition 65 warning shall be required as to any Covered Products that are already in the stream of commerce as of the Effective Date.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 23,500.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 24,500.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Joe Agliozzo
Contact Organization: 
Joseph D. Agliozzo, Law Corporation
Email Address:
joeags@gmail.com
Address: 
1601 N. Sepulveda Boulevard, 649
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614

* 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.