This case was last updated from U.S. District Courts on 09/05/2022 at 09:34:20 (UTC).

Gutierrez et al v. Zinus, Inc.

Case Summary

On July 7, 2022, Vanessa Gutierrez, on her own behalf and on behalf of her minor children, Al. D. and An. D., Jeremy Miller And Marianna Miller, on their own behalves and on behalf of their minor children, P.M. and L.M.; Leonard Miller; Theresa Miller; and collectively on behalf of themselves and all others similarly situated (collectively, “Plaintiffs”), represented by Daniel Snyder, Gary A. Anderson, Gregory Cade, and Kevin B. McKie of Environmental Litigation Group PC, filed a product liability lawsuit against Zinus Inc. (“Defendant”), represented by Matthew Eisenstein, Robert J. Katerberg and Sharon Mayo of Arnold & Porter Kaye Scholer LLP, seeking declaratory relief and damages, and alleging failure to warn and negligence. This case was filed in the U.S. District Court for Eastern District of California with Judges Kimberly J. Mueller and Deborah Barnes presiding.

The complaint stated that “this is a consumer class action on behalf of all individuals in the United States who purchased and/or used a mattress containing fiberglass manufactured and/or distributed by Defendant Zinus Inc.”

Plaintiffs alleged that “all the Affected Mattresses contain a removable outer cover (‘Outer Cover’) equipped with a zipper and inadequate warning labels. Once the Outer Cover is unzipped and removed, the defective FR Sleeve is exposed which allows the glass fibers to then release into the surrounding environment potentially causing serious injuries and/or property damage.”

Plaintiffs also alleged that “the Affected Mattresses are equipped with an inner cover FR Sleeve that contains significant amounts of glass fibers. The FR Sleeves comprised of glass fibers begin as a long continuous filament fiber. Though over time, the long filament fibers break causing the FR Sleeve to shred glass fibers”

Plaintiffs then alleged that “some Affected Mattresses instruct users ‘DO NOT REMOVE COVER,’ however, it is unclear whether ‘COVER’ relates to the removable Outer Cover or Inner Cover FR Sleeve. Zinus equips the Outer Cover with a zipper inviting the user to remove it. The instruction ‘DO NOT REMOVE COVER’ is wholly inadequate as a warning because it fails to inform the user of the risks associated with removing the Outer Cover, which include injuries and/or property damage.”

Plaintiffs further alleged that “these instructions and/or alterations, or lack thereof, expose the user and surrounding environment to dangerous glass fibers. Once in the environment, these glass fibers easily disperse through the air, and can travel throughout a home via HVAC systems, vents, doorways, windows, etc.”

Plaintiffs claimed that “members of the Class would not have purchased the Affected Mattresses at all, or would have paid less for them, had the Defects been disclosed to them. Each of these injuries has already occurred. None of the injuries requires any Class members’ mattresses to release glass fibers.”

Plaintiffs presented nine claims for relief alleging violations of the Magnuson-Moss Warranty Act, California’s Unfair Competition Law, California’s False Advertising Law, and California’s Consumers Legal Remedies Act. Plaintiff also alleged breach of implied warranty, strict liability, negligence, and unjust enrichment. 

In the prayer for relief, Plaintiffs requested certification as a class action,damages, restitution, and disgorgement of profits.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:22-CV-01172

  • Filing Date:

    07/07/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Real Property Product Liability

Judge Details

Presiding Judge

Kimberly J. Mueller

Referral Judge

Deborah Barnes

 

Party Details

Plaintiffs

Vanessa Gutierrez

Jeremy Miller

Marianna Miller

Leonard Miller

Theresa Miller

Defendant

Zinus, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Daniel Snyder

Attorney at Environmental Litigation Group PC

2160 Highland Ave. S., Alabama

Gary Anthony Anderson, PHV

Attorney at Environmental Litigation Group P.C.

2160 Highland Avenue South

Birmingham, AL 35205

Gregory Cade, PHV

Attorney at Environmental Litigation Group PC

2160 Highland Avenue South

Birmingham, AL 35205

Kevin Bernard McKie, PHV

Attorney at Environmental Litigation Group PC

2160 Highland Avenue South

Birmingham, AL 35205

Defendant Attorneys

Sharon Mayo

Attorney at Arnold & Porter LLP

Three Embarcadero Center, 10Th Floor

San Francisco, CA 94111

Matthew Eisenstein, PHV

Attorney at Arnold & Porter LLP

601 Massachusetts Avenue, N.W.

Washington, DC 20001

Robert J. Katerberg, PHV

Attorney at Arnold & Porter Kaye Scholer LLP

601 Massachusetts Ave, Nw

Washington, DC 20001-3743

 

Court Documents

#16

(#16) PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 8/18/2022 GRANTING #12 Application. Added attorney Kevin McKie, PHV for Vanessa Gutierrez, Jeremy Mille, Leonard Miller, Marianna Miller, and Theresa Miller. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Mena-Sanchez, L) (Main Document 16 replaced on 8/19/2022) (Mena-Sanchez, L). (Entered: 08/19/2022)

#15

(#15) PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 8/18/2022. GRANTING #7 Application. ADDED Attorney Robert J. Katerberg, PHV for Zinus, Inc. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Mena-Sanchez, L) (Entered: 08/19/2022)

#14

(#14) PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 8/18/2022 GRANTING #8 Application. ADDED Attorney Matthew Eisenstein, PHV for Zinus, Inc.. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Mena-Sanchez, L) (Entered: 08/19/2022)

#13

(#13) PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 8/18/2022 GRANTING #11 Application. ADDED Attorney Gregory Cade, PHV for Vanessa Gutierrez, Jeremy Miller, Leonard Miller, Marianna Miller, and Theresa Miller. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Mena-Sanchez, L) (Main Document 13 replaced on 8/19/2022) (Mena-Sanchez, L). (Entered: 08/19/2022)

12 #1

Exhibit Certificate of Admission/Good Standing

12 #12

Main Document

11 #1

Exhibit Certificate of Good Admission/Good Standing

11 #11

Main Document

#10

(#10) ORDER signed by Chief District Judge Kimberly J. Mueller on 08/03/22 GRANTING #6 Application for Pro Hac Vice. Added attorney Gary Anderson, PHV for all Plaintiffs. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Benson, A.) (Entered: 08/03/2022)

#9

(#9) ORDER signed by Chief District Judge Kimberly J. Mueller on 08/03/22 GRANTING #4 Stipulated Motion EXTENDING time to 10/03/22 for defendant to respond to Complaint. (Benson, A.) (Entered: 08/03/2022)

#8

(#8) PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Zinus, Inc. for attorney Matthew Eisenstein to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10361937) (Mayo, Sharon) (Entered: 08/03/2022)

#7

(#7) PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Zinus, Inc. for attorney Robert J. Katerberg to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10361913) (Mayo, Sharon) (Entered: 08/03/2022)

6 #1

Exhibit Certificate of Good Standing

6 #6

Main Document

#5

(#5) SUMMONS RETURNED EXECUTED: Zinus, Inc. served on 7/13/2022, answer due 8/3/2022. (Snyder, Daniel) (Entered: 07/25/2022)

4 #2

Civil Cover Sheet Corporate Disclosure Statement of Defendant Zinus, Inc.

4 #1

Proposed Order

4 #4

Main Document

14 More Documents Available
View All Documents

 

Docket Entries

  • 08/19/2022
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  • Docket(#16) PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 8/18/2022 GRANTING #12 Application. Added attorney Kevin McKie, PHV for Vanessa Gutierrez, Jeremy Mille, Leonard Miller, Marianna Miller, and Theresa Miller. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Mena-Sanchez, L) (Main Document 16 replaced on 8/19/2022) (Mena-Sanchez, L). (Entered: 08/19/2022)

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  • 08/19/2022
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  • Docket(#15) PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 8/18/2022. GRANTING #7 Application. ADDED Attorney Robert J. Katerberg, PHV for Zinus, Inc. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Mena-Sanchez, L) (Entered: 08/19/2022)

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  • 08/19/2022
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  • Docket(#14) PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 8/18/2022 GRANTING #8 Application. ADDED Attorney Matthew Eisenstein, PHV for Zinus, Inc.. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Mena-Sanchez, L) (Entered: 08/19/2022)

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  • 08/19/2022
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  • Docket(#13) PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 8/18/2022 GRANTING #11 Application. ADDED Attorney Gregory Cade, PHV for Vanessa Gutierrez, Jeremy Miller, Leonard Miller, Marianna Miller, and Theresa Miller. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Mena-Sanchez, L) (Main Document 13 replaced on 8/19/2022) (Mena-Sanchez, L). (Entered: 08/19/2022)

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  • 08/03/2022
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  • Docket(#12) PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Vanessa Gutierrez, Jeremy Miller, Leonard Miller, Marianna Miller, Theresa Miller for attorney Kevin McKie to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10362655) (Attachments: #1 Exhibit Certificate of Admission/Good Standing)(Snyder, Daniel) (Entered: 08/03/2022)

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  • 08/03/2022
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  • Docket(#11) PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Vanessa Gutierrez, Jeremy Miller, Leonard Miller, Marianna Miller, Theresa Miller for attorney Gregory Cade to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10362624) (Attachments: #1 Exhibit Certificate of Good Admission/Good Standing)(Snyder, Daniel) (Entered: 08/03/2022)

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  • 08/03/2022
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  • Docket(#10) ORDER signed by Chief District Judge Kimberly J. Mueller on 08/03/22 GRANTING #6 Application for Pro Hac Vice. Added attorney Gary Anderson, PHV for all Plaintiffs. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Benson, A.) (Entered: 08/03/2022)

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  • 08/03/2022
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  • Docket(#9) ORDER signed by Chief District Judge Kimberly J. Mueller on 08/03/22 GRANTING #4 Stipulated Motion EXTENDING time to 10/03/22 for defendant to respond to Complaint. (Benson, A.) (Entered: 08/03/2022)

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  • 08/03/2022
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  • Docket(#8) PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Zinus, Inc. for attorney Matthew Eisenstein to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10361937) (Mayo, Sharon) (Entered: 08/03/2022)

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  • 08/03/2022
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  • Docket(#7) PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Zinus, Inc. for attorney Robert J. Katerberg to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10361913) (Mayo, Sharon) (Entered: 08/03/2022)

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  • 07/27/2022
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  • Docket(#6) PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Vanessa Gutierrez for attorney Gary Anderson to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10348168) (Attachments: #1 Exhibit Certificate of Good Standing)(Snyder, Daniel) (Entered: 07/27/2022)

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  • 07/25/2022
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  • Docket(#5) SUMMONS RETURNED EXECUTED: Zinus, Inc. served on 7/13/2022, answer due 8/3/2022. (Snyder, Daniel) (Entered: 07/25/2022)

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  • 07/22/2022
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  • Docket(#4) MOTION for EXTENSION OF TIME to Respond to Complaint by Zinus, Inc.. Attorney Mayo, Sharon added. (Attachments: #1 Proposed Order, #2 Corporate Disclosure Statement. (Mayo, Sharon) Modified on 7/25/2022 (Kaminski, H). (Entered: 07/22/2022)

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  • 07/07/2022
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  • Docket(#3) CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/17/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Reader, L) (Entered: 07/07/2022)

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  • 07/07/2022
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  • Docket(#2) SUMMONS ISSUED as to *Zinus, Inc.* with answer to complaint due within *21* days. Attorney *Daniel B. Snyder* *Environmental Litigation Group, PC* *2160 Highland Ave. S, Suite 200* *Birmingham, AL 35205*. (Reader, L) (Entered: 07/07/2022)

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  • 07/07/2022
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  • Docket(#1) COMPLAINT against All Defendants by Leonard Miller, Vanessa Gutierrez, Marianna Miller, Jeremy Miller, Theresa Miller. Attorney Snyder, Daniel added. (Filing fee $ 402, receipt number ACAEDC-10316339) (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Snyder, Daniel) (Entered: 07/07/2022)

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