This case was last updated from U.S. District Courts on 01/24/2023 at 04:05:34 (UTC).

Murphy v. Unilever United States Inc.,

Case Summary

On November 24, 2022, Margaret Murphy (“Plaintiff”), individually, and on behalf of those similarly situated, represented by Amir Shenaq of Shenaq PC, John R. Gustafson of Good Gustafson Aumais LLP, and Steffan T. Keeton of The Keeton Firm LLC, filed a personal property fraud lawsuit against Unilever United States, Inc. (“Defendant”), seeking declaratory and injunctive relief for alleged unfair business practices. This case was filed in the U.S. District Court for Northern District of California with Judge Robert M. Illman presiding.

In the complaint, the plaintiff alleged, “This is a class action complaint against Defendant for the manufacture, distribution, marketing, and sale of the Products, that based on Defendant’s own admission suffer from identical deceptive conduct concerning the inclusion of deadly bacteria. Despite Defendant’s widespread marketing campaign that the Products are non-toxic and present better-for-you alternatives to other cleaners, the Products contain highly toxic, undisclosed ingredients.”

Plaintiff alleged, “Household cleaning products that pose such a hazard are unreasonably dangerous compared to the utility of the Products. This deception rendered the Products unsuitable for their principal and intended purpose. Further, had Plaintiff and Class Members been aware of the presence of fatal bacteria, they would not have purchased the Products.”

The plaintiff also alleged, “On November 17, 2022, Defendant first revealed that THE LAUNDRESS brand’s entire product line contains harmful, toxic bacteria” and that “[u]nfortunately, the toxin permeated – unknowingly to consumers – throughout all of the Products which led (and currently leads) to unneeded physical injury and economic harm.”

The plaintiff also claimed, “Plaintiff and Class Members are further harmed because once silk, cashmere, and wool are contaminated by the bacterium, these garments may be destroyed because they cannot be exposed to hot water, intense heat, bleach or hospital grade disinfectants which are necessary to kill the bacteria.”

Plaintiff further alleged that “Defendant continues to reap its spoils, and gives the false impression that the Products are safe, Defendant exposes this risk to millions of Americans every day while also knowingly selling consumers defective Products that expose every Class Members’ household to great harm.”

Plaintiff also alleged, “The presence of harmful bacteria was a material element in Plaintiff’s and Class Members’ decision to purchase the Products. Prior to purchase, Defendant failed to inform Plaintiff and Class Members that the Products contained a bacterium with fatal consequences. Only recently in November 2022, and after Class Members purchased the Products, Defendant first revealed the presence of the bacteria in the Products.”

The plaintiff further alleged, “Had Plaintiff and Class Members known of the inclusion of the undisclosed bacteria, they would not have purchased the Products. [...] Defendant's false, misleading, and deceptive misrepresentations and omissions are likely to continue to deceive and mislead reasonable consumers and the general public, as they have already deceived and misled Plaintiff and the Class Members.”

Additionally, Plaintiff alleged, “As an immediate, direct, and proximate result of Defendant's false, misleading, and deceptive representations and omissions, Defendant injured the Plaintiff and the Class Members.”

Plaintiff presented seven claims for relief, including for alleged violation of the State Consumer Protection Statutes; the California Business & Professions Code for unlawful conduct, unfair and fraudulent conduct, and false and misleading advertising; California’s Consumers Legal Remedies Act; the Magnuson-Moss Warranty Act; breach of the implied warranty; and unjust enrichment.

In the prayer for relief, the plaintiff requested declaratory relief and injunctive relief enjoining the defendant from continuing its alleged fraudulent, deceptive, and misleading actions. The plaintiff also requested an award for compensatory damages, punitive damages, and statutory damages.

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:22-CV-07468

  • Filing Date:

    11/24/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Presiding Judge

Trina L Thompson

 

Party Details

Plaintiff

Margaret Murphy

Defendant

Unilever United States Inc.,

Attorney/Law Firm Details

Plaintiff Attorneys

John Ryan Gustafson

Amir Shenaq

Steffan T. Keeton

Defendant Attorneys

Ronald Y. Rothstein

Rebecca Loegering

 

Court Documents

1 #1

Main Document

18 #1

Proposed Order

18 #18

Main Document

#16

(#16) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Trina L Thompson for all further proceedings. Magistrate Judge Robert M. Illman no longer assigned to case. Signed by Clerk on 01/04/2023. (mbc, COURT STAFF) (Filed on 1/4/2023) (Entered: 01/04/2023)

#14

(#14) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Unilever United States Inc.,.. (Rothstein, Ronald) (Filed on 12/21/2022) (Entered: 12/21/2022)

#13

(#13) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Margaret Murphy.. (Gustafson, John) (Filed on 12/13/2022) (Entered: 12/13/2022)

11 #2

Proposed Order

11 #1

Declaration of Ronald Rothstein

11 #11

Main Document

#9

(#9) Order by Magistrate Judge Robert M. Illman GRANTING #7 Motion for Pro Hac Vice.(rmilc1, COURT STAFF) (Filed on 12/8/2022) (Entered: 12/08/2022)

#8

(#8) Order by Magistrate Judge Robert M. Illman GRANTING #6 Motion for Pro Hac Vice.(rmilc1, COURT STAFF) (Filed on 12/8/2022) (Entered: 12/08/2022)

#7

(#7) MOTION for leave to appear in Pro Hac Vice (Rebecca Loegering) ( Filing fee $ 317, receipt number ACANDC-17796901.) filed by Unilever United States Inc.,. (Loegering, Rebecca) (Filed on 12/8/2022) (Entered: 12/08/2022)

#6

(#6) MOTION for leave to appear in Pro Hac Vice (Ronald Rothstein) ( Filing fee $ 317, receipt number ACANDC-17794239.) filed by Unilever United States Inc.,. (Rothstein, Ronald) (Filed on 12/7/2022) (Entered: 12/07/2022)

#5

(#5) CERTIFICATE OF SERVICE by Margaret Murphy (Gustafson, John) (Filed on 12/5/2022) (Entered: 12/05/2022)

#4

(#4) Summons Issued as to Unilever United States Inc.,. (slh, COURT STAFF) (Filed on 11/25/2022) (Entered: 11/25/2022)

#3

(#3) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/21/2023. Initial Case Management Conference set for 2/28/2023 at 02:00 PM in McKinleyville. (slh, COURT STAFF) (Filed on 11/25/2022) (Entered: 11/25/2022)

6 More Documents Available
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Docket Entries

  • 01/17/2023
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  • Docket(#18) ADMINISTRATIVE MOTION to Set Briefing Schedule on Motion to Transfer Venue filed by Unilever United States Inc.,. Responses due by 1/23/2023. (Attachments: #1 Proposed Order)(Rothstein, Ronald) (Filed on 1/17/2023) (Entered: 01/17/2023)

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  • 01/04/2023

  • Docket(#17) CLERK'S NOTICE ON REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Trina L. Thompson upon reassignment. For a copy of Judge Thompsons Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 3/2/2023. Initial Case Management Conference set for 3/9/2023 02:00 PM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tmi, COURT STAFF) (Filed on 1/4/2023) (Entered: 01/04/2023)

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  • 01/04/2023
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  • Docket(#16) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Trina L Thompson for all further proceedings. Magistrate Judge Robert M. Illman no longer assigned to case. Signed by Clerk on 01/04/2023. (mbc, COURT STAFF) (Filed on 1/4/2023) (Entered: 01/04/2023)

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  • 01/03/2023

  • Docket(#15) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (glm, COURT STAFF) (Filed on 1/3/2023) (Entered: 01/03/2023)

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  • 12/21/2022
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  • Docket(#14) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Unilever United States Inc.,.. (Rothstein, Ronald) (Filed on 12/21/2022) (Entered: 12/21/2022)

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  • 12/13/2022
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  • Docket(#13) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Margaret Murphy.. (Gustafson, John) (Filed on 12/13/2022) (Entered: 12/13/2022)

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  • 12/13/2022
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  • Docket(#12) Order by Magistrate Judge Robert M. Illman GRANTING #11 Motion for Extension of Time to Answer re #1 Complaint . (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmilc1, COURT STAFF) (Filed on 12/13/2022) (Entered: 12/13/2022)

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  • 12/12/2022
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  • Docket(#11) MOTION for Extension of Time to File Answer re #1 Complaint filed by Unilever United States Inc.,. (Attachments: #1 Declaration of Ronald Rothstein, #2 Proposed Order)(Rothstein, Ronald) (Filed on 12/12/2022) (Entered: 12/12/2022)

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  • 12/09/2022

  • Docket(#10) 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 12/23/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Filed on 12/9/2022) (Entered: 12/09/2022)

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  • 12/08/2022
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  • Docket(#9) Order by Magistrate Judge Robert M. Illman GRANTING #7 Motion for Pro Hac Vice.(rmilc1, COURT STAFF) (Filed on 12/8/2022) (Entered: 12/08/2022)

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  • 12/08/2022
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  • Docket(#8) Order by Magistrate Judge Robert M. Illman GRANTING #6 Motion for Pro Hac Vice.(rmilc1, COURT STAFF) (Filed on 12/8/2022) (Entered: 12/08/2022)

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  • 12/08/2022
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  • Docket(#7) MOTION for leave to appear in Pro Hac Vice (Rebecca Loegering) ( Filing fee $ 317, receipt number ACANDC-17796901.) filed by Unilever United States Inc.,. (Loegering, Rebecca) (Filed on 12/8/2022) (Entered: 12/08/2022)

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  • 12/07/2022
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  • Docket(#6) MOTION for leave to appear in Pro Hac Vice (Ronald Rothstein) ( Filing fee $ 317, receipt number ACANDC-17794239.) filed by Unilever United States Inc.,. (Rothstein, Ronald) (Filed on 12/7/2022) (Entered: 12/07/2022)

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  • 12/05/2022
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  • Docket(#5) CERTIFICATE OF SERVICE by Margaret Murphy (Gustafson, John) (Filed on 12/5/2022) (Entered: 12/05/2022)

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  • 11/25/2022
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  • Docket(#4) Summons Issued as to Unilever United States Inc.,. (slh, COURT STAFF) (Filed on 11/25/2022) (Entered: 11/25/2022)

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  • 11/25/2022
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  • Docket(#3) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/21/2023. Initial Case Management Conference set for 2/28/2023 at 02:00 PM in McKinleyville. (slh, COURT STAFF) (Filed on 11/25/2022) (Entered: 11/25/2022)

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  • 11/25/2022

  • Docket(#2) Case assigned to Magistrate Judge Robert M. Illman. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/9/2022. (ark, COURT STAFF) (Filed on 11/25/2022) (Entered: 11/25/2022)

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  • 11/24/2022
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  • Docket(#1) COMPLAINT against Unilever United States Inc. (Filing fee $ 402, receipt number ACANDC-17758174). Filed by Margaret Murphy. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Gustafson, John) (Filed on 11/24/2022) (Entered: 11/24/2022)

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