On February 20, 2023, Haley Williams (“Plaintiff”), individually and on behalf of all others similarly situated, represented by Neil Grossman of Bronstein, Gerwirtz & Grossman, ESQS, filed a contract lawsuit against Samsung Electronics America, Inc. (“Defendant”), seeking declaratory and injunctive relief for alleged manufacture and sale of defective class laptops. This case was filed in the U.S. District Court for the District of New Jersey.
In the complaint, the plaintiff alleged, “Samsung designs, manufactures, markets, sells, and warrants the Class Laptops and represents that the Class Laptops have superior computing power and speed and they can effectively run a multitude of applications and processes simultaneously.”
Plaintiff then alleged that “the Class Laptops have a defect that causes them to excessively overheat when performing basic laptop functions, thus posing a threat to the safety of consumers and rendering the Class Laptops unfit for use (the ‘Overheating Defect’).”
Plaintiff further alleged, “Samsung has known of the danger posed by the Class Laptops for years. However, Samsung has failed to disclose its knowledge of the Overheating Defect or take any other action to rectify the issue. Samsung has done nothing to fix the Overheating Defect, and the dangerous and severely compromised Class Laptops remain in the marketplace.”
The plaintiff also alleged, “The risk of extreme overheating, along with Samsung’s concomitant refusal to repair the products or replace them with non-defective products, leaves Plaintiff and members of the Class exposed to danger as well as deprives them of the use of the Class Laptops.”
Plaintiff then alleged, “Samsung should not have sold or marketed the Class Laptops without a full disclosure of the Overheating Defect and should have voluntarily repaired or replaced the Class Laptops upon the first reports of the Overheating Defect, which reports, upon information and belief, were first made in or around March 2017.”
The plaintiff further alleged, “Samsung’s actions and omissions violate the well-established legal and statutory duties that it owed to Plaintiff and all other similarly situated United States consumers.”
Plaintiff also alleged, “Plaintiff and Class Members had no reasonable means of knowing that Defendant had omitted to disclose material information relating to the Class Laptops. Plaintiff and Class Members did not and could not reasonably discover Defendant’s concealment on their own.”
The plaintiff then alleged, “Defendant had a duty to disclose, rather than conceal and suppress, the full scope and extent of the Overheating Defect” and “Despite Defendant’s knowledge of the Overheating Defect in the Class Laptops and its safety implications, Defendant continues to conceal this knowledge and refrain from disclosing that its Class Laptops are dangerous and defective.”
Plaintiff further alleged, “As a direct and proximate result of Defendant’s misconduct, including Defendant’s intentional suppression of the true facts, Plaintiff and Class Members suffered injury. Plaintiff and Class Members purchased Class Laptops of inferior quality and performance that posed a significant risk of overheating and had a diminished value by reason of Defendant’s concealment of, and failure to disclose, the Overheating Defect.”
Plaintiff presented five claims for relief, including alleged breach of express warranty, breach of implied warranty of merchantability under N.Y. U.C.C., violations of the Magnuson-Moss Warranty Act and New York General Business Law, and unjust enrichment.
In the prayer for relief, the plaintiff requested declaration that the class laptops are defective and injunctive relief enjoining the defendant from further deceptive sales of the class laptops. The plaintiff also requested an award of actual, compensatory, exemplary, and statutory damages with civil penalties and disgorgement of all ill-gotten gains.
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2:23-CV-00989
02/20/2023
Pending - Other Pending
Contract - Other Contract
John Michael Vazquez
Jose R. Almonte
Haley Williams
Samsung Electronics America, Inc.
NEIL GROSSMAN
LAWRENCE DEUTSCH
JAMES LEWIS RYERSON
(#15) ORDER granting #12 Motion for Leave to Appear Pro Hac Vice of PERETZ BRONSTEIN and NAVA LISTOKIN. Signed by Magistrate Judge Jose R. Almonte on 4/5/2023. (wh) (Entered: 04/05/2023)
(#14) ORDER EXTENDING DEADLINE TO RESPOND TO COMPLAINT AND SETTING SCHEDULE ON RESPONSE. The Parties' #13 Stipulation to Extend SEA's deadline to respond to the Complaint and set a schedule on the response is approved. SEA shall have until 5/1/2023 to answer or move against the Complaint. Plaintiff shall have until 6/14/2023 to respond to any such motion, and SEA shall have until 7/7/2023 to submit reply papers in further support of any such motion. Signed by Magistrate Judge Jose R. Almonte on 3/27/2023. (wh) (Entered: 03/27/2023)
Text of Proposed Order
(#13) STIPULATION Jointly Requesting Extended Deadline to Respond to Complaint and Schedule on Response by All Defendants. (Attachments: #1 Text of Proposed Order)(RYERSON, JAMES) (Entered: 03/24/2023)
Text of Proposed Order
Declaration of Nava Listokin
Declaration of Peretz Bronstein
Declaration of Neil Grossman
(#12) MOTION for Leave to Appear Pro Hac Vice by HALEY WILLIAMS. (Attachments: #1 Declaration of Neil Grossman, #2 Declaration of Peretz Bronstein, #3 Declaration of Nava Listokin, #4 Text of Proposed Order)(GROSSMAN, NEIL) (Entered: 03/14/2023)
Exhibit Ex I - heating appendix
Exhibit Ex H - express warranty
Exhibit Ex G2 - 10/11/22 picture
Exhibit Ex F2 - 10/7/22 picture
Exhibit Ex D - 10/4/22 overheating chat
Exhibit Ex C - 4/7/22 service center statement
Exhibit Ex B - 4/7/22 service ticket
Exhibit Ex A - 6/20/21 receipt
(#3) Exhibit to #1 Complaint,, QC - Civil Cover Sheet JS44,, by HALEY WILLIAMS. (GROSSMAN, NEIL) (Entered: 02/21/2023)
DocketPro Hac Vice fee received for NAVA LISTOKIN: $ 150, receipt number TRE132134 (mg) (Entered: 04/17/2023)
[-] Read LessDocketPro Hac Vice fee received as to PERETZ BRONSTEIN: $150, receipt number TRE132103 (in-cmk) (Entered: 04/17/2023)
[-] Read LessDocket(#15) ORDER granting #12 Motion for Leave to Appear Pro Hac Vice of PERETZ BRONSTEIN and NAVA LISTOKIN. Signed by Magistrate Judge Jose R. Almonte on 4/5/2023. (wh) (Entered: 04/05/2023)
[-] Read LessDocketAnswer Due Deadline Update - The document #13 Stipulation filed by SAMSUNG ELECTRONICS AMERICA, INC. has been GRANTED per #14 Order. The answer due date has been set for 5/1/2023. (wh) (Entered: 03/27/2023)
[-] Read LessDocket(#14) ORDER EXTENDING DEADLINE TO RESPOND TO COMPLAINT AND SETTING SCHEDULE ON RESPONSE. The Parties' #13 Stipulation to Extend SEA's deadline to respond to the Complaint and set a schedule on the response is approved. SEA shall have until 5/1/2023 to answer or move against the Complaint. Plaintiff shall have until 6/14/2023 to respond to any such motion, and SEA shall have until 7/7/2023 to submit reply papers in further support of any such motion. Signed by Magistrate Judge Jose R. Almonte on 3/27/2023. (wh) (Entered: 03/27/2023)
[-] Read LessDocket(#13) STIPULATION Jointly Requesting Extended Deadline to Respond to Complaint and Schedule on Response by All Defendants. (Attachments: #1 Text of Proposed Order)(RYERSON, JAMES) (Entered: 03/24/2023)
[-] Read LessDocketSet Deadlines as to #12 MOTION for Leave to Appear Pro Hac Vice . Motion set for 4/17/2023 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mxw, ) (Entered: 03/14/2023)
[-] Read LessDocketClerk`s Text Order - The #11 Application for Clerk's Order to Ext Answer/Proposed Order submitted by SAMSUNG ELECTRONICS AMERICA, INC. has been GRANTED. The answer due date has been set for 03/30/2023. (mxw, ) (Entered: 03/14/2023)
[-] Read LessDocketPro Hac Vice counsel, JEFFREY OSTERWISE, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (mxw, ) (Entered: 03/14/2023)
[-] Read LessDocket(#12) MOTION for Leave to Appear Pro Hac Vice by HALEY WILLIAMS. (Attachments: #1 Declaration of Neil Grossman, #2 Declaration of Peretz Bronstein, #3 Declaration of Nava Listokin, #4 Text of Proposed Order)(GROSSMAN, NEIL) (Entered: 03/14/2023)
[-] Read LessDocket(#6) TEXT ORDER: The Court is in receipt of Plaintiff's motion to admit Jeffrey L. Osterwise, Esq., pro hac vice. The certification of Mr. Osterwise, however, does not contain the names and addresses of the officials or offices maintaining the roll of members for each state bar to which Mr. Osterwise is admitted or, in the alternative, a certificate of good standing from each state to which he is admitted. By March 8, 2023, Plaintiff shall cure this defect by filing a new certification or, alternatively, the certificates of good standing as required by Local Civil Rule 101.1(c)(1). So Ordered by Magistrate Judge Jose R. Almonte on 3/1/2023. (smf) (Entered: 03/01/2023)
[-] Read LessDocket(#5) SUMMONS Returned Executed by HALEY WILLIAMS. SAMSUNG ELECTRONICS AMERICA, INC. served on 2/23/2023, answer due 3/16/2023. (GROSSMAN, NEIL) (Entered: 03/01/2023)
[-] Read LessDocketSet Deadlines as to #4 MOTION for Leave to Appear Pro Hac Vice Jeffrey L. Osterwise. Motion set for 4/3/2023 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mxw, ) (Entered: 02/28/2023)
[-] Read LessDocket(#4) MOTION for Leave to Appear Pro Hac Vice Jeffrey L. Osterwise by HALEY WILLIAMS. (Attachments: #1 Certification of Jeffrey L. Osterwise In Support Of Motion To Practice Pro Hac Vice, #2 Certification of Lawrence Deutsch In Support Of Motion To Practice Pro Hac Vice, #3 Text of Proposed Order)(DEUTSCH, LAWRENCE) (Entered: 02/28/2023)
[-] Read LessDocket(#3) Exhibit to #1 Complaint,, QC - Civil Cover Sheet JS44,, by HALEY WILLIAMS. (GROSSMAN, NEIL) (Entered: 02/21/2023)
[-] Read LessDocket(#2) SUMMONS ISSUED as to SAMSUNG ELECTRONICS AMERICA, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (mxw, ) (Entered: 02/21/2023)
[-] Read LessDocketCase assigned to Judge John Michael Vazquez and Magistrate Judge Jose R. Almonte. (jr) (Entered: 02/21/2023)
[-] Read LessDocketCLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information - Parties are to be entered in all capital letters. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jr) (Entered: 02/21/2023)
[-] Read LessDocketCLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a #Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jr) (Entered: 02/21/2023)
[-] Read LessDocket(#1) COMPLAINT against Samsung Electronics America, Inc. ( Filing and Admin fee $ 402 receipt number ANJDC-14060874) with JURY DEMAND, filed by Haley Williams. (Attachments: #1 Exhibit Ex A - 6/20/21 receipt, #2 Exhibit Ex B - 4/7/22 service ticket, #3 Exhibit Ex C - 4/7/22 service center statement, #4 Exhibit Ex D - 10/4/22 overheating chat, #5 Exhibit Ex E - 10/722 service ticket, #6 Exhibit Ex F1 - 10/7/22 picture, #7 Exhibit Ex F2 - 10/7/22 picture, #8 Exhibit Ex G1 - 10/11/22 picture, #9 Exhibit Ex G2 - 10/11/22 picture, #10 Exhibit Ex H - express warranty, #11 Exhibit Ex I - heating appendix)(GROSSMAN, NEIL) (Entered: 02/20/2023)
[-] Read Less