On August 31, 2021, Safeco Insurance Company of Illinois as subrogee of Jason and Jamie Lewis (“Safeco” or “Plaintiff”), represented by Heather L. Marx of Cozen O’Connor, filed a personal injury lawsuit against Gree USA, Inc. and MJC America, Ltd. (“Defendants”), seeking damages, along with pre-verdict interest and/or post-verdict interest, and costs, for the alleged damages caused to real and personal property of Lewis, due to the defective and unreasonably dangerous condition of a dehumidifier manufactured by the Defendants. This case was filed in U.S. District Court in the District of Minnesota with Judge Donovan W. Frank and Judge Katherine M. Menendez presiding.
In the complaint, the Plaintiff alleged that, “At all times material hereto, Safeco provided property insurance to Lewis for their interests in the Premises, including real property, contents, and loss of use coverage.” “On or before July 29, 2019, Lewis owned a dehumidifier designed, manufactured, marketed, distributed, and/or placed in the stream of commerce by Defendants (“the Dehumidifier”).”
The Plaintiff further alleged that, “At all times relevant, the Dehumidifier was in substantially the same condition as when introduced into the stream of commerce by Defendants.” “On July 29, 2019, the Dehumidifier failed, causing a fire (“the Fire”) at the Premises.” “The Fire resulted in smoke, flame and water damage to the real and personal property of Lewis, as well as loss of use of Lewis’ property.”
The Plaintiff further alleged that, “As a result of the fire, Lewis made a claim to Safeco pursuant to their insurance policy, and Safeco has compensated Lewis for their damages in an amount in excess of $140,000.00.” “By virtue of its payments, Safeco is subrogated, to the extent of its payments, for the interests of Lewis.”
The Plaintiff lists out two claims for relief. The first claim alleged is for Product Liability, wherein the Plaintiff alleged that the Dehumidifier was defective in design and/or manufacture in that it could overheat, smoke, and catch fire, posing fire and burn hazards to consumers and their property. The second claim alleged is for Negligence, wherein the Plaintiff alleged that, at all relevant times, Defendant owed Lewis a duty to use reasonable care in the design, manufacture, assembly, and sale of the Dehumidifier, so that the Dehumidifier was safe and free of unreasonably dangerous conditions.
In its prayer for relief, the Plaintiff requested the Court to enter judgment against Defendants Gree USA, Inc. and MJC America, Ltd. as to both claims for relief, for the damages alleged, for pre-verdict interest and/or post-verdict interest, and for all other costs allowed by law.
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0:21-CV-01958
08/31/2021
Pending - Other Pending
Personal Injury - Other Product Liability
Donovan W. Frank
Katherine M. Menendez
Safeco Insurance Company of Illinois
Gree USA, Inc.
MJC America, Ltd.
Heather L Marx
Attorney at Cozen O'Connor
33 S 6Th Street, Suite 3800
Minneapolis, MN 55402
Jonathan M Levy
Attorney at Cozen O'Connor
123 N. Wacker Dr., Suite 1800
Chicago, IL 60606
Marisa L Saber
Attorney at Cozen O'Connor
123 North Wacker Dr., Suite 1800
Chicago, IL 60606
Mark A Fredrickson
Attorney at Lind Jensen Sullivan & Peterson, PA
901 Marquette Ave. S., Ste. 1300
Mpls, MN 55402
Stuart D. Campbell
Attorney at Lind, Jensen, Sullivan & Peterson, P.A.
1300 At&T Tower, 901 Marquette Avenue South
Minneapolis, MN 55402
(#19) PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 1/5/2022. Fact Discovery due by 4/25/2022. Expert Discovery due by 10/25/2022. Motions (non-disp) due 3/25/2022. Motions (disp) due by 12/27/2022. Ready for trial due by 5/29/2023. Signed by Magistrate Judge Katherine M. Menendez on 10/26/2021. (KAT) (Entered: 10/26/2021)
(#17) Minute Entry for proceedings held before Magistrate Judge Katherine M. Menendez: Initial Pretrial Conference held on 10/25/2021. (KAT) (Entered: 10/26/2021)
(#16) NOTICE of Appearance by Stuart D. Campbell on behalf of All Defendants. (Campbell, Stuart) (Entered: 10/20/2021)
(#14) REPORT of Rule 26(f) Planning Meeting. Filed by Safeco Insurance Company of Illinois. Jointly signed by Defendants. (Saber, Marisa) Modified text on 10/14/2021 (kt). (Entered: 10/13/2021)
(#13) MOTION for Admission Pro Hac Vice for Attorney Jonathan M. Levy. Filing fee $ 100, receipt number AMNDC-9069504 filed by Safeco Insurance Company of Illinois. (Marx, Heather) (Entered: 10/07/2021)
Consent Form
(#12) ORDER/NOTICE: Pretrial Conference set for 10/25/2021 at 02:30 PM via Telephone Conference (no courtroom) before Magistrate Judge Katherine M. Menendez. Call-in instructions have been emailed to counsel. Signed by Magistrate Judge Katherine M. Menendez on 9/24/2021. (Attachments: #1 Consent Form)(KAT) (Entered: 09/24/2021)
(#11) RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant MJC America, Ltd.. (Fredrickson, Mark) (Entered: 09/23/2021)
(#10) RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation or wholly-owned subsidiary reported for Defendant Gree USA, Inc.. (Fredrickson, Mark) (Entered: 09/23/2021)
(#9) ANSWER to Complaint filed by Gree USA, Inc., MJC America, Ltd.. (Fredrickson, Mark) (Entered: 09/23/2021)
(#8) SUMMONS RETURNED EXECUTED for Gree USA, Inc. served on 9/9/2021, answer due 9/30/21, filed by Safeco Insurance Company of Illinois. (Saber, Marisa) Modified text on 9/14/2021 (kt). (Entered: 09/13/2021)
(#7) SUMMONS RETURNED Executed for Complaint & Summons served on MJC America, Ltd. on 9/7/2021, answer due 9/28/21, filed by Safeco Insurance Company of Illinois. (Saber, Marisa) Modified text on 9/14/2021 (kt). (Entered: 09/13/2021)
(#5) MOTION for Admission Pro Hac Vice for Attorney Marisa L. Saber. Filing fee $ 100, receipt number AMNDC-9004329 filed by Safeco Insurance Company of Illinois. (Marx, Heather) (Entered: 09/07/2021)
Civil Cover Sheet
Docket(#19) PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 1/5/2022. Fact Discovery due by 4/25/2022. Expert Discovery due by 10/25/2022. Motions (non-disp) due 3/25/2022. Motions (disp) due by 12/27/2022. Ready for trial due by 5/29/2023. Signed by Magistrate Judge Katherine M. Menendez on 10/26/2021. (KAT) (Entered: 10/26/2021)
[-] Read LessDocket(#18) (Text-Only) ORDER/NOTICE: Status Conference set for 1/25/2022 at 08:30 AM via Telephone Conference (no courtroom) before Magistrate Judge Katherine M. Menendez. Call-in instructions have been emailed to counsel. Ordered by Magistrate Judge Katherine M. Menendez on 10/26/2021. (KAT) (Entered: 10/26/2021)
[-] Read LessDocket(#17) Minute Entry for proceedings held before Magistrate Judge Katherine M. Menendez: Initial Pretrial Conference held on 10/25/2021. (KAT) (Entered: 10/26/2021)
[-] Read LessDocket(#16) NOTICE of Appearance by Stuart D. Campbell on behalf of All Defendants. (Campbell, Stuart) (Entered: 10/20/2021)
[-] Read LessDocket(#15) TEXT ONLY ENTRY: ORDER granting #13 Motion for Admission Pro Hac Vice of Attorney Jonathan M Levy for Safeco Insurance Company of Illinois. Approved by Magistrate Judge Katherine M. Menendez on 10/13/2021. (NAH) (Entered: 10/13/2021)
[-] Read LessDocket(#14) REPORT of Rule 26(f) Planning Meeting. Filed by Safeco Insurance Company of Illinois. Jointly signed by Defendants. (Saber, Marisa) Modified text on 10/14/2021 (kt). (Entered: 10/13/2021)
[-] Read LessDocket(#13) MOTION for Admission Pro Hac Vice for Attorney Jonathan M. Levy. Filing fee $ 100, receipt number AMNDC-9069504 filed by Safeco Insurance Company of Illinois. (Marx, Heather) (Entered: 10/07/2021)
[-] Read LessDocket(#12) ORDER/NOTICE: Pretrial Conference set for 10/25/2021 at 02:30 PM via Telephone Conference (no courtroom) before Magistrate Judge Katherine M. Menendez. Call-in instructions have been emailed to counsel. Signed by Magistrate Judge Katherine M. Menendez on 9/24/2021. (Attachments: #1 Consent Form)(KAT) (Entered: 09/24/2021)
[-] Read LessDocket(#11) RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant MJC America, Ltd.. (Fredrickson, Mark) (Entered: 09/23/2021)
[-] Read LessDocket(#10) RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation or wholly-owned subsidiary reported for Defendant Gree USA, Inc.. (Fredrickson, Mark) (Entered: 09/23/2021)
[-] Read LessDocket(#9) ANSWER to Complaint filed by Gree USA, Inc., MJC America, Ltd.. (Fredrickson, Mark) (Entered: 09/23/2021)
[-] Read LessDocket(#8) SUMMONS RETURNED EXECUTED for Gree USA, Inc. served on 9/9/2021, answer due 9/30/21, filed by Safeco Insurance Company of Illinois. (Saber, Marisa) Modified text on 9/14/2021 (kt). (Entered: 09/13/2021)
[-] Read LessDocket(#7) SUMMONS RETURNED Executed for Complaint & Summons served on MJC America, Ltd. on 9/7/2021, answer due 9/28/21, filed by Safeco Insurance Company of Illinois. (Saber, Marisa) Modified text on 9/14/2021 (kt). (Entered: 09/13/2021)
[-] Read LessDocket(#6) TEXT ONLY ENTRY: ORDER granting #5 Motion for Admission Pro Hac Vice of Attorney Marisa L Saber for Safeco Insurance Company of Illinois. Approved by Magistrate Judge Katherine M. Menendez on 9/9/2021. (NAH) (Entered: 09/09/2021)
[-] Read LessDocket(#5) MOTION for Admission Pro Hac Vice for Attorney Marisa L. Saber. Filing fee $ 100, receipt number AMNDC-9004329 filed by Safeco Insurance Company of Illinois. (Marx, Heather) (Entered: 09/07/2021)
[-] Read LessDocket(#4) Summons Issued as to Gree USA, Inc., and MJC America, Ltd. (MMP) (Entered: 08/31/2021)
[-] Read LessDocket(#3) TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Donovan W. Frank per 3rd 4th Master list, referred to Magistrate Judge Katherine M. Menendez. Please use case number 21-cv-1958 (DWF/KMM). (MMP) (Entered: 08/31/2021)
[-] Read LessDocket(#2) RULE 7.1 DISCLOSURE STATEMENT there is no parent corporation for Plaintiff Safeco Insurance Company of Illinois as subrogee of Jason and Jamie Lewis. (Marx, Heather) Modified text on 8/31/2021 (kt). (Entered: 08/31/2021)
[-] Read LessDocket(#1) COMPLAINT against Gree USA, Inc., MJC America, Ltd. (filing fee $ 402, receipt number AMNDC-8989396) filed by Safeco Insurance Company of Illinois. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet) (Marx, Heather) Modified text on 8/31/2021 (MMP). (Entered: 08/31/2021)
[-] Read Less