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  • IVY BARRETT VS. RODAN + FIELDS LLC PRODUCTS LIABILITY document preview
  • IVY BARRETT VS. RODAN + FIELDS LLC PRODUCTS LIABILITY document preview
  • IVY BARRETT VS. RODAN + FIELDS LLC PRODUCTS LIABILITY document preview
  • IVY BARRETT VS. RODAN + FIELDS LLC PRODUCTS LIABILITY document preview
  • IVY BARRETT VS. RODAN + FIELDS LLC PRODUCTS LIABILITY document preview
  • IVY BARRETT VS. RODAN + FIELDS LLC PRODUCTS LIABILITY document preview
  • IVY BARRETT VS. RODAN + FIELDS LLC PRODUCTS LIABILITY document preview
  • IVY BARRETT VS. RODAN + FIELDS LLC PRODUCTS LIABILITY document preview
						
                                

Preview

1 KELLER ROHRBACK L.L.P. Juli E. Farris, SBN 141716 2 801 Garden Street, Suite 301 ELECTRONICALLY Santa Barbara, CA 93101 3 Telephone: (805) 456-1496 F I L E D Superior Court of California, Facsimile: (805) 456-1497 County of San Francisco 4 Attorneys for Plaintiffs 04/03/2020 5 Additional Counsel Listed on Signature Page Clerk of the Court BY: DAVID YUEN Deputy Clerk 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 Ivy Barrett; Elizabeth Tabet; Gretchen Kruger; Elaine Longo; and Sharon Purcell, Case No. CGC -19-579766 12 Plaintiffs, PLAINTIFFS’ RESPONSE TO 13 PETITION FOR COORDINATION OF v. ADD-ON CASE (CCP § 404.4) 14 Rodan + Fields LLC, 801 Garden Street, Suite 301 15 Santa Barbara, CA 93101 Keller Rohrback L.L.P. Defendant. (805) 456-1496 16 17 Notice was previously provided on March 19, 2020, pursuant to Rule 3.544(b), in the 18 above captioned matter and in the coordinated matters (CGC-18-004981) of Scherr v. Rodan & 19 Fields, LLC, Case No. CIV DS 1723435 (or “Scherr”) and Gorzo, et. al. v. Rodan & Fields, LLC, 20 No. CGC-18-565628 (or “Gorzo”), that Plaintiffs Barrett, Tabet, Kruger, Longo and Purcell 21 (“Barrett” Plaintiffs) through their attorneys of record, object to the Petition for Coordination of 22 Add-On Case and Motion for Stay Pending Coordination filed by Rodan + Fields, LLC 23 (“Defendant”). 24 The Barrett Plaintiffs are now submitting a separate memorandum and declaration in 25 opposition to this Motion for Coordination, consistent with Rule 3.544. 26 On March 19, 2020, the Barrett Plaintiffs previously filed an Objection to Defendant’s 27 Motion to Stay Pending Coordination and a memorandum and declaration in opposition, pursuant 28 to Rule 3.515(d). PLAINTIFFS’ RESPONSE TO PETITION FOR COORDINATION OF ADD-ON CASE Case No. CGC-19-579766 1 As previously stated, Plaintiff’s oppose Defendant’s request for coordination and maintain 2 that the Barrett action should not be combined or coordinated with the Gorzo and Scherr actions 3 as the class action cases are procedurally and substantively distinct from the Barrett action. 4 First, this case is different from other pending cases arising out of Rodan + Fields’ 5 product, Lash Boost. The other pending cases are class actions seeking consumer remedies. 6 On March 18, 2020, in a telephonic hearing, Judge Wong continued the previous Barrett 7 trial date from October 5, 2020 to November 9, 2020. 8 Defendant’s argument that “there is a significant risk of duplicative and inconsistent 9 rulings on discovery and other pretrial matters” is not accurate. See Def. Petition for Coordination 10 of Add-On Case (CCP § 404.4) and Motion to Stay Pending Coordination (CCP § 404.5 and CRC 11 Rule 3.15), at p. 3.) The parties have conducted a considerable amount of discovery in the federal 12 action, Lewis et. al., v. Rodan & Fields, LLC, Case No. 3:18-cv-02248-PJH. Defendant has 13 produced a considerable number of documents virtually all of which are relevant to this matter, 14 and depositions of Rodan + Fields employees (plus corporate representatives) have occurred. 801 Garden Street, Suite 301 15 Thus, much of the liability discovery has already been performed. Santa Barbara, CA 93101 Keller Rohrback L.L.P. (805) 456-1496 16 On March 9, 2020, Plaintiffs submitted Plaintiffs’ First Request for Inspection and 17 Production of Documents and Things to Defendants. In the cover letter to Defense counsel 18 Plaintiffs’ counsel indicated that “[t]o the extent the [sic] that some of these requests seek 19 documents that Defendant has already produced in the Lewis et. al v. Rodan + Fields class action 20 case, please let us know whether you will agree that such documents can be used in this case.” 21 Although Defendant has not responded to this request, Defendant has already acknowledged in its 22 Petition for Coordination that “discovery done to date will be relevant to the Barrett Action, and 23 the Barrett Plaintiffs will benefit from all of the work product already completed in this 24 proceeding.” (See J. Farris Decl. at ¶ 12; See also Def. Petition for Coordination of Add-On Case 25 (CCP § 404.4) and Motion to Stay Pending Coordination (CCP § 404.5 & CRC Rule 3.15), at p. 26 2.) 27 Pursuant to California Rules of Court, Rules 3.544 and 3.521-3.523, true and correct 28 copies of this Response to Petition for Coordination of Add-On case are being filed in the Scherr 2 PLAINTIFFS’ RESPONSE TO PETITION FOR COORDINATION OF ADD-ON CASE Case No. CGC-19-579766 1 and Gorzo actions. 2 Plaintiffs request a hearing on this matter. 3 DATED this 3rd day of April, 2020. 4 KELLER ROHRBACK L.L.P. 5 6 By: /s/Juli E. Farris 7 Juli E. Farris (SBN 141716) KELLER ROHRBACK L.L.P. 8 801 Garden Street, Suite 301 Santa Barbara, CA 93101 9 (805) 456-1496 10 Fax (805) 456-1497 jfarris@kellerrohrback.com 11 Jeffrey Lewis (SBN 66587) 12 KELLER ROHRBACK L.L.P. 300 Lakeside Drive, Suite 1000 13 Oakland, CA 94612 14 (510) 463-3900 Fax (510) 463-3901 801 Garden Street, Suite 301 15 jlewis@kellerrohrback.com Santa Barbara, CA 93101 Keller Rohrback L.L.P. (805) 456-1496 16 Michael D. Woerner (pro hac forthcoming) Benjamin Gould (SBN 250630) 17 Erika M. Emerson (pro hac forthcoming) 18 KELLER ROHRBACK L.L.P. 1201 Third Avenue, Suite 3200 19 Seattle, WA 98101-3052 (206) 623-1900 20 Fax (206) 623-3384 21 mwoerner@kellerrohrback.com bgould@kellerrohrback.com 22 eemerson@kellerrohrback.com Attorneys for plaintiffs 23 24 25 26 27 28 3 PLAINTIFFS’ RESPONSE TO PETITION FOR COORDINATION OF ADD-ON CASE Case No. CGC-19-579766 1 PROOF OF SERVICE 2 I hereby certify that I am and was at the time of this service mentioned in this declaration employed in King County, Washington. I am over the age of 18 years and not a party to the within 3 action. My business address is Keller Rohrback, LLP, 1201Third Avenue, Suite 3200, Seattle, 4 Washington, 98101. On April 3, 2020, I served upon the parties in this action as identified on the attached Service List, the within document, described as: 5 6 PLAINTIFFS’ RESPONSE TO PETITION FOR COORDINATION OF ADD-ON CASE (CCP § 404.4) AND MOTION FOR STAY PENDING COORDINATION (CCP § 404.5 & 7 CRC RULE 3.15) 8 (BY ELECTRONIC MEANS) by causing the document(s) listed above to be sent 9 via E-MAIL to the person(s) listed below. 1 did not receive, within a reasonable time after the 10 transmission, any electronic message or other indication that the transmission was unsuccessful. 11 BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would deposited with U.S. Postal 12 Service on that same day with postage thereon fully prepaid at Seattle, Washington in the 13 ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit 14 for mailing in affidavit. 801 Garden Street, Suite 301 15 Santa Barbara, CA 93101 BY OVERNIGHT DELIVERY: I served such envelope or package to be Keller Rohrback L.L.P. delivered on the same day to an authorized courier or driver authorized by the express service carrier (805) 456-1496 16 to receive documents, in an envelope or package designated by the express service carrier. 17 BY E-FILE & SERVEXPRESS: I am readily familiar with the practice of 18 collection and processing of documents through File & ServeXpress, and on this date, I served a true and correct copy of the above-listed document(s) electronically through File & ServeXpress 19 on the recipients designated on the Transaction Receipt located on the File & ServeXpress 20 website. 21 I declare under penalty of perjury under the laws of the State of Washington that the above is true and correct. Executed on April 3, 2020 at Seattle, Washington. 22 23 /s/ JeannieBeth Asuncion JeannieBeth Asuncion, Legal Assistant 24 25 26 27 28 4 PLAINTIFFS’ RESPONSE TO PETITION FOR COORDINATION OF ADD-ON CASE Case No. CGC-19-579766 1 SERVICE LIST 2 Stephanie A. Sheridan 3 ssheridan@steptoe.com Anthony J. Anscombe 4 aanscobme@steptoe.com Meegan B. Brooks 5 mbrooks@steptoe.com Cody A. DeCamp 6 cdecamp@steptoe.com 7 Steptoe & Johnson LLP 1 Market Street, Spear Tower, Suite 3900 8 San Francisco, CA 94105 Telephone: (415) 365-6700 9 Attorneys for Defendant, Rodan + Fields, LLC 10 11 12 13 14 801 Garden Street, Suite 301 15 Santa Barbara, CA 93101 Keller Rohrback L.L.P. (805) 456-1496 16 17 18 19 20 21 22 23 24 25 26 27 28 5 PLAINTIFFS’ RESPONSE TO PETITION FOR COORDINATION OF ADD-ON CASE Case No. CGC-19-579766