On April 09, 2021, John Czerniak (“Plaintiff”), on behalf of himself and others similarly situated, represented by Jonathan Betten Cohen and Rachel Lynn Soffin of Greg Coleman Law PC, filed a consumer class action lawsuit against Bayer Healthcare LLC and Elanco Animal Health, Inc. (collectively, “Defendants”), seeking injunctive relief, damages with both pre- and post-judgment interest for allegedly actively manufacturing, marketing, advertising, distributing, and selling dangerous flea and tick collars with the capacity to injure, maim, or even kill the pets that wear, or are exposed to, them. This case was filed in the U.S. District Court for the Southern District of Florida with Judges Dave Lee Brannon and Donald M. Middlebrooks presiding.
The Plaintiff brings this Action on behalf of himself and as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure on behalf of all persons within the State of Florida who purchased the Products from the beginning of the applicable statutory period through present (the “Class”).
In his complaint, the Plaintiff alleged that, “Since Seresto Collars entered the pet product market in 2012, they have inflicted an unparalleled amount of harm onto pets and pet owners alike. The EPA reports over 75,000 health-related incidents tied to the use of Seresto products from 2012 through June 2020. This number of incidents tied to a single readily available consumer product is particularly concerning, not only because of the significant quantity of reported incidents, but also because of the magnitude of the harm Seresto Collars has caused—death to a reported 1,698 pets and nearly 1,000 cases of actual physical harm to pet owners. The harm caused by Seresto Collars is due to the dangerous chemical cocktail of pesticides that are used in the Products.”
The Plaintiff further alleged that, “Consequently, by design, the Seresto Collars contain dangerous, unsafe chemical pesticides, which over an 8-month period slowly and continuously release chemicals onto the pet wearing the Seresto Collar and into the surrounding environment. These chemicals are unsafe and pose a serious, continuous risk of injury to the pet wearing the collar, to other pets exposed to the collar, and to the pet owner and others exposed to the collar. This risk of serious harm exists at all times, from the Seresto Collar’s manufacture until all pesticides on/in the Product have been released, which—according to the Product’s packaging—lasts at least 8 months after the Seresto Collar is placed on the pet. Accordingly, the serious risk of harm to pets and pet owners exists within the Product from the moment the Seresto Collars are manufactured (and when the Products leave Defendants’ control), and for 8 months after initial application to the pet.”
There are four claims laid down by the Plaintiff, including alleged breach of express warranty, alleged breach of implied warranty of merchantability, alleged unjust enrichment and alleged violation of the Florida Deceptive and Unfair Trade Practices Act.
In his prayer for relief, the Plaintiff has requested the court to grant injunction which ceases sale of the affected products, declare Defendants’ conduct unlawful under the statutes and causes of action pleaded, and award damages pursuant to the statutes and the causes of action pleaded herein, inclusive of costs and expenses, with pre- and post-judgment to Plaintiff and members of the proposed Class.
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Disposed - Other Disposed
Dave Lee Brannon
Donald M. Middlebrooks
Elanco Animal Health, Inc.
Bayer Healthcare LLC
Jonathan Betten Cohen
Attorney at Greg Coleman Law PC
800 S. Gay Street, Suite 1100, 37929
Knoxville, TN 37929
Rachel Lynn Soffin
Attorney at Greg Coleman Law PC
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Katherine Grace Mastrucci
Attorney at Shook, Hardy and Bacon LLP
201 S. Biscayne Blvd, Suite 3200
Miami, FL 33131
Docket(#12) ORDER ADMINISTRATIVELY CLOSING CASE. Signed by Judge Donald M. Middlebrooks on 4/29/2021. See attached document for full details. (cds) (Entered: 04/29/2021)Read MoreRead Less
Docket(#11) Courtesy Copy of Motion for Transfer of Actions to the District of New Jersey Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings filed before The United States Judicial Panel on Multidistrict Litigation In Re: Seresto Flea and Tick Collar Litigation (Attachments: #1 Brief in Support, #2 Schedule of Actions, #3 Proof of Service)(mc) (Entered: 04/28/2021)Read MoreRead Less
Docket(#10) PAPERLESS ORDER granting in part #9 Unopposed Motion for Extension of Time to Respond to Complaint. Plaintiff has filed a putative Class Action Complaint against Defendant Bayer HealthCare, LLC and Elanco Animal Health, Inc. The Defendants' Answers are due on May 3, 2021, and May 4, 2021, respectively. Defendants now move for a 45-day extension of time, citing only in a generalized sense to the perceived complexity of the issues involved in this litigation. Plaintiff does not oppose the relief requested. Motions for extension of litigation deadlines must set forth good cause supported by specific facts. I find good cause in these circumstances, but the need for such a lengthy extension is not sufficiently explained and does not appear to be justified. Therefore I will grant the motion in part. Defendants shall respond to the Complaint no later than May 21, 2021. Signed by Judge Donald M. Middlebrooks on 4/21/2021. (kal) (Entered: 04/21/2021)Read MoreRead Less
Docket(#9) Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Bayer Healthcare LLC, Elanco Animal Health, Inc.. Attorney Katherine Grace Mastrucci added to party Bayer Healthcare LLC(pty:dft), Attorney Katherine Grace Mastrucci added to party Elanco Animal Health, Inc.(pty:dft). (Attachments: #1 Exhibit A)(Mastrucci, Katherine) (Entered: 04/20/2021)Read MoreRead Less
Docket(#8) SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by John Czerniak. Elanco Animal Health, Inc. served on 4/13/2021, answer due 5/4/2021. (Soffin, Rachel) (Entered: 04/13/2021)Read MoreRead Less
Docket(#7) SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by John Czerniak. Bayer Healthcare LLC served on 4/12/2021, answer due 5/3/2021. (Soffin, Rachel) (Entered: 04/13/2021)Read MoreRead Less
Docket(#6) Summons Issued as to Elanco Animal Health, Inc.. (cds) (Entered: 04/12/2021)Read MoreRead Less
Docket(#5) NOTICE of Filing Proposed Summons(es) - Elanco Animal Health, Inc. by John Czerniak re #1 Complaint, filed by John Czerniak (Soffin, Rachel) (Entered: 04/09/2021)Read MoreRead Less
Docket(#4) Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents. ELANCOANIMAL HEALTH, INC. (cds) (Entered: 04/09/2021)Read MoreRead Less
Docket(#3) Summons Issued as to Bayer Healthcare LLC. (cds) (Entered: 04/09/2021)Read MoreRead Less
Docket(#2) Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (cds) (Entered: 04/09/2021)Read MoreRead Less
Docket(#1) COMPLAINT Class Action Complaint against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14594456, filed by John Czerniak. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) [Proposed] Summons - Bayer HealthCare LLC, #3 Summon(s) [Proposed] Summons - Elanco Animal Halth, Inc.)(Soffin, Rachel) (Entered: 04/09/2021)Read MoreRead Less
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