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This case was last updated from PACER on 04/30/2021 at 08:41:21 (UTC).

Diew et al v. Amazon.com Services, LLC

Case Summary

On December 29, 2020, Danine Diew and J. D. D.(“Plaintiffs”) represented by David S. Ratner and Shelley A. Molineaux of Ratner Molineaux, LLP filed a personal injury lawsuit against Amazon.com Services, LLC (“Defendant”) represented by Elliott J Joh and Julie LeMaye Hussey of Perkins Coie LLP, seeking damages, interest among other relief for personal injuries allegedly caused by a lithium battery purchased through Amazon.com. This case was filed in U.S. District Court in the Northern District of California with Judge Laurel Beeler presiding. 

 

In its complaint, Plaintiff alleged that “On or about August 13, 2020, while using the Product, it suddenly exploded and caught on fire inside Plaintiffs' home while Plaintiffs were inside the residence. Plaintiffs lost personal property and were displaced for approximately two months due to the fire. Plaintiffs suffered severe injuries and scarring to their bodies and they have each suffered from and continue to experience breathing issues, skin conditions, scarring and severe anxiety.” Plaintiff also alleged that “At all times relevant, Defendants designed, built, manufactured, tested, inspected, sold, advertised, distributed, and otherwise introduced into the stream of commerce the Product. Certain batches of said Product were defectively designed, manufactured, tested, maintained, delivered, inspected, and sold and were in a dangerous condition and unsafe for the uses and purposes for which they were intended.”

 

Plaintiffs further alleged that “Defendants owed duties of care to actual and potential customers and consumers with respect to the product. Such duties included but were not limited to: designing, formulating, manufacturing, distributing, selling, and providing the product in a fashion that was safe to consumers, packaging the Product safely so as to reasonably minimize the potential for injury; labeling the Product so as to reasonably warn consumers of the potential for danger; and reasonably applying knowledge and information from past incidents, complaints, studies, observations, reports, experience, or investigation to provide for the safety of consumers with respect to the Products. Defendants knew or should have known that if the Product was not properly and carefully manufactured, designed, tested, maintained, inspected, installed, assembled, delivered, molded, warned, labeled, and signed prior to sale or distribution to consumers, it would, if used by any member of the general public, be a substantial factor in causing serious and permanent injury.” and even further that “Plaintiffs had no knowledge of the falsity or incompleteness of the Defendants' statements and representations concerning the Product when Plaintiff Danine Diew purchased the Product as researched, developed, designed, tested, manufactured, inspected, labeled, distributed, marketed, promoted, sold and otherwise released into the stream of commerce by Defendants.”

 

The five claims for relief laid down by the Plaintiff are for negligent product liability, Strict Product Liability- Design and Manufacturing Defect, Strict Product Liability- Failure to Warn of Defective Condition, Breach of Implied Warranty, and breach of express warranty.

 

In the prayer for relief, Plaintiff has requested the court to award general damages and loss of earnings, medical expenses, and all incidental expenses, interest from the date of accident to the time of judgment along with costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-01462

  • Filing Date:

    03/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    California Northern District

Judge Details

Presiding Judge

Laurel Beeler

 

Party Details

Plaintiffs

Danine Diew

J. D. D.

Defendant

Amazon.com Services, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

David S. Ratner

Attorney at Ratner Molineaux, LLP

1990 N. California Boulevard, Suite 20

Walnut Creek, CA 94596

Shelley A. Molineaux

Attorney at Ratner Molineaux, LLP

1990 N. California Boulevard, Suite 20

Walnut Creek, CA 94596

Defendant Attorneys

Elliott J Joh

Attorney at Perkins Coie LLP

505 Howard Street, Suite 1000

San Francisco, CA 94105-3204

Julie LeMaye Hussey

Attorney at Perkins Coie LLP

11452 El Camino Real, Suite 300

San Diego, CA 92130

 

Court Documents

#2

(#2) AMENDED NOTICE OF REMOVAL from Alameda County Superior Court - Alameda Division. Their case number is RG20085188. Filed by Amazon.com Services, LLC. (Attachments: #1 Declaration of Sara Rawson In Support of Defendant Amazon.com Services, LLC's Notice of Removal, #2 Civil Cover Sheet, #3 Certificate of Interested Entities or Persons, #4 Certificate of Service)(Hussey, Julie) (Filed on 3/1/2021) Modified on 3/2/2021 (slhS, COURT STAFF). (Entered: 03/01/2021)

#14

(#14) REPLY in Support (re #8 First MOTION to Dismiss Complaint) filed by Amazon.com Services, LLC. (Joh, Elliott) (Filed on 4/19/2021) (Entered: 04/19/2021)

#12

(#12) OPPOSITION/RESPONSE (re #8 First MOTION to Dismiss Complaint ) filed byDanine Diew. (Ratner, David) (Filed on 4/12/2021) (Entered: 04/12/2021)

#11

(#11) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by J. D. D., Danine Diew.. (Molineaux, Shelley) (Filed on 4/1/2021) (Entered: 04/01/2021)

#10

(#10) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Amazon.com Services, LLC.. (Joh, Elliott) (Filed on 3/29/2021) (Entered: 03/29/2021)

#9

(#9) NOTICE of Appearance by Elliott J Joh (Joh, Elliott) (Filed on 3/29/2021) (Entered: 03/29/2021)

8 #1

Proposed Order

#8

(#8) First MOTION to Dismiss Complaint; Memorandum of Points and Authorities in Support filed by Amazon.com Services, LLC. Motion Hearing set for 5/6/2021 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 4/12/2021. Replies due by 4/19/2021. (Attachments: #1 Proposed Order)(Joh, Elliott) (Filed on 3/29/2021) (Entered: 03/29/2021)

#7

(#7) CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 4/2/2021. (ejkS, COURT STAFF) (Filed on 3/19/2021) (Entered: 03/19/2021)

#6

(#6) STIPULATION to Extend Time to Respond to Complaint (L.R. 6-1(A) filed by Amazon.com Services, LLC. (Joh, Elliott) (Filed on 3/4/2021) (Entered: 03/04/2021)

#5

(#5) DEMAND for Trial by Jury by Danine Diew. (Ratner, David) (Filed on 3/2/2021) (Entered: 03/02/2021)

#4

(#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/27/2021. Initial Case Management Conference set for 6/3/2021 11:00 AM in San Francisco, Courtroom B, 15th Floor. (slhS, COURT STAFF) (Filed on 3/2/2021) (Entered: 03/02/2021)

2 #4

Certificate of Service

2 #3

Certificate of Interested Entities or Persons

2 #2

Civil Cover Sheet

2 #1

Declaration of Sara Rawson In Support of Defendant Amazon.com Servic

6 More Documents Available
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Docket Entries

  • 04/19/2021
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  • Docket(#14) REPLY in Support (re #8 First MOTION to Dismiss Complaint) filed by Amazon.com Services, LLC. (Joh, Elliott) (Filed on 4/19/2021) (Entered: 04/19/2021)

    Read MoreRead Less
  • 04/19/2021
  • Docket(#13) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME. Initial Case Management Conference set for 6/3/2021 at 11:00 AM is reset to 9:30 AM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Person s granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 4/19/2021) (Entered: 04/19/2021)

    Read MoreRead Less
  • 04/12/2021
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  • Docket(#12) OPPOSITION/RESPONSE (re #8 First MOTION to Dismiss Complaint ) filed byDanine Diew. (Ratner, David) (Filed on 4/12/2021) (Entered: 04/12/2021)

    Read MoreRead Less
  • 04/01/2021
  • View Court Documents
  • Docket(#11) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by J. D. D., Danine Diew.. (Molineaux, Shelley) (Filed on 4/1/2021) (Entered: 04/01/2021)

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  • 03/29/2021
  • View Court Documents
  • Docket(#10) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Amazon.com Services, LLC.. (Joh, Elliott) (Filed on 3/29/2021) (Entered: 03/29/2021)

    Read MoreRead Less
  • 03/29/2021
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  • Docket(#9) NOTICE of Appearance by Elliott J Joh (Joh, Elliott) (Filed on 3/29/2021) (Entered: 03/29/2021)

    Read MoreRead Less
  • 03/29/2021
  • View Court Documents
  • Docket(#8) First MOTION to Dismiss Complaint; Memorandum of Points and Authorities in Support filed by Amazon.com Services, LLC. Motion Hearing set for 5/6/2021 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 4/12/2021. Replies due by 4/19/2021. (Attachments: #1 Proposed Order)(Joh, Elliott) (Filed on 3/29/2021) (Entered: 03/29/2021)

    Read MoreRead Less
  • 03/19/2021
  • View Court Documents
  • Docket(#7) CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 4/2/2021. (ejkS, COURT STAFF) (Filed on 3/19/2021) (Entered: 03/19/2021)

    Read MoreRead Less
  • 03/04/2021
  • View Court Documents
  • Docket(#6) STIPULATION to Extend Time to Respond to Complaint (L.R. 6-1(A) filed by Amazon.com Services, LLC. (Joh, Elliott) (Filed on 3/4/2021) (Entered: 03/04/2021)

    Read MoreRead Less
  • 03/02/2021
  • View Court Documents
  • Docket(#5) DEMAND for Trial by Jury by Danine Diew. (Ratner, David) (Filed on 3/2/2021) (Entered: 03/02/2021)

    Read MoreRead Less
  • 03/02/2021
  • View Court Documents
  • Docket(#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/27/2021. Initial Case Management Conference set for 6/3/2021 11:00 AM in San Francisco, Courtroom B, 15th Floor. (slhS, COURT STAFF) (Filed on 3/2/2021) (Entered: 03/02/2021)

    Read MoreRead Less
  • 03/02/2021
  • Docket(#3) Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/16/2021. (anjS, COURT STAFF) (Filed on 3/2/2021) (Entered: 03/02/2021)

    Read MoreRead Less
  • 03/01/2021
  • View Court Documents
  • Docket(#2) AMENDED NOTICE OF REMOVAL from Alameda County Superior Court - Alameda Division. Their case number is RG20085188. Filed by Amazon.com Services, LLC. (Attachments: #1 Declaration of Sara Rawson In Support of Defendant Amazon.com Services, LLC's Notice of Removal, #2 Civil Cover Sheet, #3 Certificate of Interested Entities or Persons, #4 Certificate of Service)(Hussey, Julie) (Filed on 3/1/2021) Modified on 3/2/2021 (slhS, COURT STAFF). (Entered: 03/01/2021)

    Read MoreRead Less
  • 03/01/2021
  • Docket#Electronic filing error. Personal Identifying Information regarding a Minor. Please review our local court rules and Federal Rules of Civil Procedure on personal identifying in formation of a minor. See FRCP 5.2. Redact minors name from all documents including the civil cover sheet and refile the amended documents. Re: 1 Notice of Removal, filed by Amazon.com Services, LLC (anjS, COURT STAFF) (Filed on 3/1/2021) (Entered: 03/01/2021)

    Read MoreRead Less
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