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This case was last updated from PACER on 06/01/2021 at 08:58:47 (UTC).

Bailey et al v. Thompson Creek Window Company et al

Case Summary

On April 02, 2021, Lawrence Bailey and William Estrada (“Plaintiffs”), individually and on behalf of all others similarly situated, represented by Karl J. Protil, Jr. of Shulman Rogers Gandal Pordy and Ecker PA, filed a class action against Thompson Creek Window Company (“Thompson Creek”) and Rick Wuest (collectively, “Defendants”), seeking damages and relief individually and on behalf of similarly situated purchasers for alleged breach of express warranty, alleged violation of Maryland consumer Protection Act, and alleged unjust enrichment. This case was filed in the U.S. District Court for the District of Maryland with Judge Paula Xinis presiding. 

 

“Plaintiffs bring this action on behalf of themselves and all purchasers who, during the Class Period, bought Mislabeled Windows in Maryland, Virginia, and/or the District of Columbia. Excluded from this Class are Defendants and their officers, directors, and employees, and those who purchased the Mislabeled Windows for resale pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure and seek certification.”

 

In its complaint, the Plaintiffs alleged that, “Thompson Creek windows in the TC 900/7900 and the 7800 St. Claire series sold between at least January 1, 2014 to December 31, 2018 (the “Class Period”) were prominently labeled as ENERGY STAR-certified even though they did not pass ENERGY STAR certification and did not meet the standards for ENERGY STAR certification (the “Mislabeled Windows”). Statements made by Thompson Creek, its officers, and its employees during the Class Period that the Mislabeled Windows met ENERGY STAR standards and were ENERGY STAR-certified (including Energy Star labels) are referred to herein as the “Energy Star Representations. ENERGY STAR-certified windows are required by the U.S. Department of Energy (“DOE”) to exceed the minimum requirements of U-Factor, Air Leakage, and Solar Heat Gain Coefficient (“SHGC”) based on climate zone. ENERGY STAR-certified windows can significantly shrink energy bills and carbon footprints. As a result, they command a substantial price premium”.

 

The Plaintiffs further alleged that, “Recognizing the ENERGY STAR label means energy efficiency and lower electricity bills, there is significant demand by consumers for products that bear the distinctive ENERGY STAR label. According to the DOE’s General Counsel, Scott Blake Harris, the ENERGY STAR mark ranks among the highest level of influence on product purchase among all consumer emblems, similar in ranking to the Good Housekeeping Seal. The ENERGY STAR label assures consumers that the product meets the ENERGY STAR’s high standards for energy efficiency. Defendants’ promotion and sale of the Mislabeled Windows with the ENERGY STAR label, when the windows were not qualified as ENERGY STAR-compliant, was false and misleading and deceived Plaintiffs and Class members. Plaintiffs and Class members paid more than they should have for the windows they purchased”.

 

There are five claims for relief laid down by the Plaintiffs. The first claim is for alleged breach of express warranty. The second claim is for alleged violation of the Maryland Consumer Protection Act Md. Code. Ann., Com. Law §§ 13-101, et seq. The third and fourth claims are for alleged violation of the Virginia Consumer Protection Act of 1977 Code of Virginia §§ 59.1-196, et seq and alleged fraudulent misrepresentation, respectively. The fifth claim is for alleged unjust enrichment. 

 

In its prayer for relief, the Plaintiffs have requested the court to issue an order declaring that Defendants actions violated the MCPA, issuing an order declaring that Defendants actions violated the VCPA, awarding Plaintiffs and Class members damages, awarding appropriate restitution to Plaintiffs and Class members, awarding Plaintiffs the costs of this action, including reasonable attorneys’ fees and expenses pursuant to Md. Code Ann., Com. Law § 13-408 and Code of Virginia § 59.1-204(A, B) and awarding such other and further relief as this Court may deem just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    8:21-CV-00844

  • Filing Date:

    04/02/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Maryland District

Judge Details

Presiding Judge

Paula Xinis

 

Party Details

Plaintiffs

William Estrada

Lawrence Bailey

Defendants

Rick Wuest

Thompson Creek Window Company

Attorney/Law Firm Details

Plaintiff Attorneys

Karl J Protil, Jr

Attorney at Shulman Rogers Gandal Pordy and Ecker PA

12505 Park Potomac Ave Sixth Fl

Potomac, MD 20854

Carrie A Laliberte

Attorney at Bonnett Fairbourn Friedman and Balint PC

2325 E. Camelback Road, Ste #300

Phoenix, AZ 85016

Elaine A Ryan

Attorney at Bonnett Fairbourn Friedman and Balint PC

2325 E Camelback Rd, Ste 300

Phoenix, AZ 85016

Patricia N Syverson

Attorney at Bonnett Fairbourn Friedman and Balint PC

600 West Broadway, Ste 900

San Diego, CA 92101

Christopher Le

Attorney at Staus and Boies LLP

4041 University Drive 5Th Floor

Fairfax, VA 22030

Timothy P Bosson

Attorney at Bosson Legal Group PC

8300 Arlington Blvd Ste B2

Fairfax, VA 22031

Defendant Attorneys

Bradley Mills Strickland

Attorney at Kramon & Graham, P.A.

One South Street, Suite 2600

Baltimore, MD 21202

John Augustine Bourgeois

Attorney at Kramon and Graham PA

One South St Ste 2600

Baltimore, MD 21202

Diane J Zelmer

Attorney at Berenson LLP

4495 Military Trail Suite 203

Jupiter, FL 33458

 

Court Documents

#21

(#21) Local Rule 103.3 Disclosure Statement by Thompson Creek Window Company, Rick Wuest (Bourgeois, John) (Entered: 05/21/2021)

20 #3

Exhibit 2

20 #2

Exhibit 1

20 #1

Memorandum in Support

#20

(#20) MOTION to Dismiss (or Stay) and Compel Arbitration by Thompson Creek Window Company, Rick Wuest (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2)(Bourgeois, John) (Entered: 05/21/2021)

#17

(#17) MOTION to Appear Pro Hac Vice for Diane J. Zelmer (Filing fee $100, receipt number 0416-9246287.) by Thompson Creek Window Company, Rick Wuest(Strickland, Bradley) (Entered: 04/27/2021)

#16

(#16) NOTICE of Appearance by Bradley Mills Strickland on behalf of Thompson Creek Window Company, Rick Wuest (Strickland, Bradley) (Entered: 04/27/2021)

15 #1

Text of Proposed Order

#15

(#15) Consent MOTION for Extension of Time to Respond to the Complaint by Thompson Creek Window Company, Rick Wuest (Attachments: #1 Text of Proposed Order)(Bourgeois, John) (Entered: 04/27/2021)

#6

(#6) MOTION to Appear Pro Hac Vice for Elaine A. Ryan (Filing fee $100, receipt number 0416-9205999.) by Lawrence Bailey, William Estrada(Protil, Karl) (Entered: 04/07/2021)

#5

(#5) MOTION to Appear Pro Hac Vice for Carrie A. Laliberte (Filing fee $100, receipt number 0416-9205996.) by Lawrence Bailey, William Estrada(Protil, Karl) (Entered: 04/07/2021)

#4

(#9) PAPERLESS ORDER granting #4 Motion to Appear Pro Hac Vice on behalf of Timothy P Bosson. Attorney Timothy P Bosson will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 4/7/2021. (mh4, Deputy Clerk) (Entered: 04/07/2021)

#3

(#8) PAPERLESS ORDER granting #3 Motion to Appear Pro Hac Vice on behalf of Christopher Le. Directing attorney Christopher Le to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/7/2021. (mh4, Deputy Clerk) (Entered: 04/07/2021)

#2

(#2) Summons Issued 21 days as to Thompson Creek Window Company, Rick Wuest.(dg3s, Deputy Clerk) (Entered: 04/05/2021)

1 #3

Summons proposed Summons - Rick Wuest

1 #2

Summons proposed Summons - Thompson Creek

1 #1

Civil Cover Sheet Civil Cover Sheet

#1

(#1) COMPLAINT against Thompson Creek Window Company, Rick Wuest ( Filing fee $ 402 receipt number 0416-9198632.), filed by Lawrence Bailey, William Estrada. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons proposed Summons - Thompson Creek, #3 Summons proposed Summons - Rick Wuest)(Protil, Karl) (Entered: 04/02/2021)

12 More Documents Available
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Docket Entries

  • 05/21/2021
  • View Court Documents
  • Docket(#21) Local Rule 103.3 Disclosure Statement by Thompson Creek Window Company, Rick Wuest (Bourgeois, John) (Entered: 05/21/2021)

    Read MoreRead Less
  • 05/21/2021
  • View Court Documents
  • Docket(#20) MOTION to Dismiss (or Stay) and Compel Arbitration by Thompson Creek Window Company, Rick Wuest (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2)(Bourgeois, John) (Entered: 05/21/2021)

    Read MoreRead Less
  • 04/29/2021
  • View Court Documents
  • Docket(#19) PAPERLESS ORDER GRANTING #15 Motion for Extension of Time. Defendants' Answer or otherwise response to the Complaint is extended to May 21, 2021. Signed by Judge Paula Xinis on 4/29/2021. (tb2s, Chambers) (Entered: 04/29/2021)

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  • 04/28/2021
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  • Docket(#18) PAPERLESS ORDER granting #17 Motion to Appear Pro Hac Vice on behalf of Diane J Zelmer. Directing attorney Diane J Zelmer to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/28/2021. (mh4, Deputy Clerk) (Entered: 04/28/2021)

    Read MoreRead Less
  • 04/27/2021
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  • Docket(#17) MOTION to Appear Pro Hac Vice for Diane J. Zelmer (Filing fee $100, receipt number 0416-9246287.) by Thompson Creek Window Company, Rick Wuest(Strickland, Bradley) (Entered: 04/27/2021)

    Read MoreRead Less
  • 04/27/2021
  • View Court Documents
  • Docket(#16) NOTICE of Appearance by Bradley Mills Strickland on behalf of Thompson Creek Window Company, Rick Wuest (Strickland, Bradley) (Entered: 04/27/2021)

    Read MoreRead Less
  • 04/27/2021
  • View Court Documents
  • Docket(#15) Consent MOTION for Extension of Time to Respond to the Complaint by Thompson Creek Window Company, Rick Wuest (Attachments: #1 Text of Proposed Order)(Bourgeois, John) (Entered: 04/27/2021)

    Read MoreRead Less
  • 04/15/2021
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  • Docket(#14) AFFIDAVIT of Service for Complaint/Summons served on Rick Wuest on 04/14/2021, filed by Lawrence Bailey, William Estrada.(Protil, Karl) (Entered: 04/15/2021)

    Read MoreRead Less
  • 04/15/2021
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  • Docket(#13) AFFIDAVIT of Service for Complaint/Summons served on RA - Ernest F. Wuest, III on 04/09/2021, filed by Lawrence Bailey, William Estrada.(Protil, Karl) (Entered: 04/15/2021)

    Read MoreRead Less
  • 04/07/2021
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  • Docket(#12) PAPERLESS ORDER granting #7 Motion to Appear Pro Hac Vice on behalf of Patricia N Syverson. Directing attorney Patricia N Syverson to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 4/7/2021. (mh4, Deputy Clerk) (Entered: 04/07/2021)

    Read MoreRead Less
2 More Docket Entries
  • 04/07/2021
  • View Court Documents
  • Docket(#9) PAPERLESS ORDER granting #4 Motion to Appear Pro Hac Vice on behalf of Timothy P Bosson. Attorney Timothy P Bosson will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 4/7/2021. (mh4, Deputy Clerk) (Entered: 04/07/2021)

    Read MoreRead Less
  • 04/07/2021
  • View Court Documents
  • Docket(#8) PAPERLESS ORDER granting #3 Motion to Appear Pro Hac Vice on behalf of Christopher Le. Directing attorney Christopher Le to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/7/2021. (mh4, Deputy Clerk) (Entered: 04/07/2021)

    Read MoreRead Less
  • 04/07/2021
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  • Docket(#7) MOTION to Appear Pro Hac Vice for Patricia N. Syverson (Filing fee $100, receipt number 0416-9206002.) by Lawrence Bailey, William Estrada(Protil, Karl) (Entered: 04/07/2021)

    Read MoreRead Less
  • 04/07/2021
  • View Court Documents
  • Docket(#6) MOTION to Appear Pro Hac Vice for Elaine A. Ryan (Filing fee $100, receipt number 0416-9205999.) by Lawrence Bailey, William Estrada(Protil, Karl) (Entered: 04/07/2021)

    Read MoreRead Less
  • 04/07/2021
  • View Court Documents
  • Docket(#5) MOTION to Appear Pro Hac Vice for Carrie A. Laliberte (Filing fee $100, receipt number 0416-9205996.) by Lawrence Bailey, William Estrada(Protil, Karl) (Entered: 04/07/2021)

    Read MoreRead Less
  • 04/07/2021
  • View Court Documents
  • Docket(#4) MOTION to Appear Pro Hac Vice for Tim Bosson (Filing fee $100, receipt number 0416-9205986.) by Lawrence Bailey, William Estrada(Protil, Karl) (Entered: 04/07/2021)

    Read MoreRead Less
  • 04/07/2021
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  • Docket(#3) MOTION to Appear Pro Hac Vice for Christopher Le (Filing fee $100, receipt number 0416-9205981.) by Lawrence Bailey, William Estrada(Protil, Karl) (Entered: 04/07/2021)

    Read MoreRead Less
  • 04/05/2021
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  • Docket(#2) Summons Issued 21 days as to Thompson Creek Window Company, Rick Wuest.(dg3s, Deputy Clerk) (Entered: 04/05/2021)

    Read MoreRead Less
  • 04/02/2021
  • DocketCase Assigned to Judge Paula Xinis. (ko, Deputy Clerk) (Entered: 04/02/2021)

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  • 04/02/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Thompson Creek Window Company, Rick Wuest ( Filing fee $ 402 receipt number 0416-9198632.), filed by Lawrence Bailey, William Estrada. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons proposed Summons - Thompson Creek, #3 Summons proposed Summons - Rick Wuest)(Protil, Karl) (Entered: 04/02/2021)

    Read MoreRead Less
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