Preview
oN NW
Laralei S. Paras, State Bar No. 203319
THE CHANLER GROUP
2560 Ninth Street
Parker Plaza, Suite 214
Berkeley, CA 94710-2565
Telephone: (510) 848-8880
Facsimile: (510) 848-8118
laralei@chanler.com
Attomeys for Plaintiff
ANTHONY E. HELD, PH.D., P.E.
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
10/25/2018
Clerk of the Court
BY: KALENE APOLONIO
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION
ANTHONY E. HELD, PH.D., P.E.,
Plaintiff,
TRACTOR SUPPLY COMPANY; et al.,
Defendants.
Case No. CGC-18-566691
NOTICE OF ENTRY OF JUDGMENT
PURSUANT TO TERMS OF
PROPOSITION 65 SETTLEMENT AND
CONSENT JUDGMENT
NOTICE OF ENTRY OF JUDGMENTTO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that, on October 22, 2018, the Court signed and entered a Judgment
Pursuant to Terms of Proposition 65 Settlement and Consent Judgment. A true and correct copy of
the Judgment is attached as Exhibit 1.
Dated: October 25, 2018 Respectfully submitted,
THE CHANLER GROUP
Attomeys for Plaintiff
ANTHONY E. HELD, PH.D., P.E.
~~ NOTICE OF ENTRY OF JUDGMENTEXHIBIT 1om NADH Rh Ww Ye
ds FS
13 |
Clifford A. Chanler, State Bar No. 135534
Laralei S. Paras, State Bar No. 203319
THE CHANLER GROUP
2560 Ninth Street
Parker Plaza, Suite 214
Berkeley, CA 94710
Telephone: (510) 848-8880
Facsimile: (510) 848-8118
clifford@chanler.com
laralei@chanler.com
Attorneys for Plaintiff
ANTHONY E. HELD, PH.D., P.E,
|
Superior Court of California
County of San Francisco
OCT-2 2 2018
CLERK OF THE COURY, ~~,
.
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION
ANTHONY E. HELD, PH.D., P.E.,
Plaintiff,
v.
TRACTOR SUPPLY COMPANY; et ai.,
Defendants.
Case No, CGC-18-566691
JUDGMENT PURSUANT
TO TERMS OF PROPOSITION 65
| SETTLEMENT AND CONSENT
| JUDGMENT
| Date: October 22, 2018
| Time: 9:30 am.
Dept.: 302
Judge: Hon. Harold 8. Kahn
Reservation No.: 08311022-02
JUDGMENT PURSUANT TO TERMS OF PROPOSITION 65 SETTLEMENT AND CONSENT JUDGMENTYA nw PF ww
In the above entitled action, plaintiff Anthony E. Held, Ph.D., P.E. and Defendant
Tractor Supply Company, having agreed through their respective counsel that Judgment be
entered pursuant to the terms of their settlement agreement in the form of a [Proposed]
consent judgment (“Consent Judgment”), and following this Court’s issuance of an order
approving their Proposition 65 settlement and Consent Judgment, and for good cause being
shown,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that, pursuant to
Health and Safety Code § 25249.7((4) and Code of Civil Procedure § 664.6, Judgment is
hereby entered in accordance with the terms of the Consent Judgment attached hereto as
Exhibit A. By stipulation of the parties, the Court will retain jurisdiction to enforce the
terms of the settlement under Code of Civil Procedure § 664.6.
IT IS SO ORDERED.
a sa2x/ Wg Abl LK « (Ure,
JUDGE OF THE oe COUR’
RICHARD B. ULMER
1
i” JUDGMENT PURSUANT TO TERMS OF PROPOSITION 65 SETTLEMENT AND CONSENT JUDGMENTEXHIBIT ALaralei §, Paras, State Bar No. 203319
THE CHANLER GROUP
2560 Ninth Street
Parker Plaza, Suite 214
Berkeley, CA 94710-2565
Telephone: (510) 848-8880
Facsimile: (510) 848-8118
Jaralei@chanler.com
Attomeys for Plaintiff
ANTHONY E. HELD, PH_D., PE.
Jay W. Connolly, State Bar No. 114725
Seyfarth Shaw LLP
560 Mission Street, 31% Floor
San Francisco, CA 94105-2930
Telephone: (415) 397-2823
Facsimile: (415) 397-8549
Attomeys for Defendant
TRACTOR SUPPLY COMPANY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION
ANTHONY E. HELD, PH_D., P.E.,
Plaintiff,
v.
TRACTOR SUPPLY COMPANY,
Defendant.
| Case No. oe
| (ROFOSEDE
| CONSENT JUDGMENT
|
| Health & Safety Code § 25249.6 et seq.,
| & Cal, Code Civ. Proc. § 664.6)
CONSENT JUDGMENTL INTRODUCTION
11 Parties
This Consent Judgment is entered into by and between Anthony E. Held, Ph.D., P.E.
(“Held”) and Tractor Supply Company (“TSC”), with Held and TSC each individually referred to as
a “Party” and collectively as the “Parties.”
12° Plaintiff
Held is an individual residing in the State of California who seeks to promote awareness of
exposures to toxic chemicals and to improve human health by reducing or eliminating hazardous
substances used in consumer products.
13 Defendant
TSC employs ten or more individuals and is alleged to be a person in the course of doing
business for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986, California
Health & Safety Code § 25249.5 et seq. (“Proposition 65”).
14° General Allegations
Held alleges that TSC manufactured, imported, distributed, offered for sale and/or sold in or
| into California sprayer hoses containing Lead without providing consumers or other individuals
residing in California the clear and reasonable warning that he alleges is required under Proposition
65. Lead is listed pursuant to Proposition 65 as a chemical known to the State of California to cause
birth defects and other reproductive harm.
15 Products Description
The “Products” covered by this Consent Judgment are defined as sprayer hoses containing
Lead that are manufactured, imported, distributed and offered for sale or otherwise sold, directly or
indirectly, in or into California by TSC as a component of its sprayer products including, but not
limited to, the GroundWork 1/2 Gallon Pump Sprayer, #1093696, UPC #7 49394 08650 3.
16 Notice of Violation
On November 20, 2017, Held served TSC and the requisite public enforcement agencies with
a “60-Day Notice of Violation” (“Notice”) alleging that TSC violated Proposition 65 by failing to
warn customers and consumers in California of their alleged exposure to Lead in the Products at or
1
CONSENT JUDGMENT_
wo me YAR eH Bw
above levels requiring a warning under Proposition 65. No public enforcer has commenced and is
diligently prosecuting an action to enforce the violations alleged in the Notice.
1.7 Complaint
‘On May 21, 2018, no public enforcer having commenced prosecution of the allegations set
forth in the Notice, Held filed the instant action (“Complaint”) for the alleged violations of
Proposition 65 that are the subject of the Notice.
18 No Admission
TSC denies the material, factual, and legal allegations in the Notice and Complaint, and
maintains that all products it has manufactured, imported, distributed, shipped, sold and/or offered
for sale in California, including the Products, have been and are safe and in compliance with all
laws. Nothing in this Consent Judgment shall be construed as, nor shall compliance with this
Consent Judgment constitute or be construed as, an admission by TSC of any allegation, fact,
finding, conclusion, issue of law, or violation of Jaw, such being specifically denied by TSC. This
Section shall not, however, diminish or otherwise affect TSC’s obligations, responsibilities, and
duties under this Consent Judgment.
19 Jurisdiction
For purposes of this Consent Judgment only, the Parties stipulate that this Court has
jarisdiction over TSC as to the allegations in the Complaint, that venue is proper in the City and
County of San Francisco, and that the Court has jurisdiction to enter and enforce the provisions of
this Consent Judgment pursuant to Proposition 65 and Code of Civil Procedure § 664.6.
1.10 Effective Date
For purposes of this Consent Judgment, the term “Effective Date” means the date on which
the Court grants the motion for approval of the Consent Judgment contemplated by Section 11.
2. INJUNCTIVE RELIEF: REFORMULATION AND WARNING
24 Reformulation Commitment
Commencing on the Effective Date and continuing thereafter, TSC shail only manufacture
for sale, purchase for sale, or import for sale in California, Products that are Reformulated Products
as defined by Section 2.2, or Products that are labeled with a clear and reasonable warning as set
CONSENT JUDGMENTCoe Ya A Ww ew
10
' forth under Section 2.3.
4
2.2 Reformulation Standard {
For the purposes of this Consent Judgment, “Reformulated Products” are defined as Products
that contain no more than 90 parts per million (0.009%) Lead content when sampled and analyzed |
pursuant to EPA testing methodologies 3050B and 6010B; and (c) yield a sesult of no more than 1.0 |
micrograms of Lead when sampled according to NIOSH 9100 protocol and analyzed according to i
EPA 6010B. In addition to the above test methodologies, the Parties may use equivalent
methodologies utilized by a state or federal agency to determine Lead content in a solid substance. |
2.3 Clear and Reasonable Warnings
Commencing on the Effective Date and continuing thereafter, all Products TSC sells and/or
distributes for sale in California which do not qualify as Reformulated Products, will bear aclear and |
reasonable warning pursuant to this Section. TSC further agrees that the warning will be prominently |
placed with such conspicuousness when compared with other words, statements, designs or devices
as to render it likely to be read and understood by an ordinary individual under customary conditions |
of use. |
For purposes of this Consent Judgment, a clear and reasonable warning for the Products shall i
consist of a warning affixed to the packaging, label, tag, or directly to a Product sold in Califomia |
and containing one of the following statements:
AX, WARNING: Cancer and Reproductive Harm - www.P6SWarnings.ca.gov
OR
4. WARNING: This product can expose you to chemicals
including Lead, which is known to the
State of California to cause cancer and birth defects or
other reproductive harm. For more information
go to www.P65Wamings.ca.gov
Pursuant to Health and Safety Code § 25603(a)(1), the warning symbol that accompanies the
warning language may be printed in black and white where the sign, label, or shelf tag for the product |
is not printed using the color yellow, |
‘CONSENT JUDGMENT1 For purposes of this Consent Judgment, a clear and reasonable warning for Products
manufactured prior to August 30, 2018, may also consist of a warning affixed to the packaging, label, |
tag, or directly to a Product sold in California and containing the following statement:
WARNING: This product contains chemicals known to the State of California
to cause cancer, birth defects or other reproductive harm.
2
3
4
5
' 613. MONETARY SETTLEMENT TERMS
7 7 3.1 Civil Penalty Payments
8 Pursuant to Health and Safety Code § 25249.7(b)(2), and in settlement of all claims alleged in
| 9 | the Notice or referred to in this Consent Judgment, TSC agrees to pay a total of $11,750 in civil
| 10 | penalties. The penalty payment wil} be allocated in accordance with California Health and Safety
11 | ‘Code § 25249.12(c)(1) & (d), with 75% of the penalty amount paid to the California Office of
12 | Bnvironmental Health Hazard Assessment (“QEHHA”) and the remaining 25% of the penalty
| 13 } amount retained by Held.
14 TSC will deliver its payment within five business (5) days of receipt by TSC of copies of the
| 15 | order approving this Consent Judgment and the Judgment entered pursuant to the terms of this
16 | Consent Judgment in two checks for the following amounts made payable to: (a) “OEHHA” in the
3
amount of $8,812.50; and (b) “Anthony Held, Client Trust Account” in the-amount of $2,937.50.
18 | Held’s counsel shall be responsible for delivering OEHHA's portion of the penalties paid under this
19 | Consent Judgment.
20 | 3.2 Attorneys’ Fees and Costs
21 ‘The Parties reached an accord on the compensation due to Held and his counsel under
22 | general contract principles and the private attorney general doctrine codified at Code of Civil
23 |) Procedure § 1021.5 for all work performed in this matter. TSC agrees to pay $38,250 to Held and
24 || his counsel for all fees and costs incurred investigating, bringing this matter to the attention of TSC’s
25 | management, and negotiating a settlement that provides a significant public benefit. TSC's payment
26 || shall be delivered in the form of a check payable to “The Chanler Group” within five business (5)
27 | days of receipt by TSC of copies of the order approving this Consent Judgment and the Judgment
28 || entered pursuant to the terms of this Consent Judgment.
CONSENT JUDGMENToo YA hw A wD
26
27
3.3. Payment Address
All payments under this Consent Judgment shall be delivered to:
The Chanler Group
Attn: Proposition 65 Controller
2560 Ninth Street
Parker Plaza, Suite 214
Berkeley, CA 94710
4. CLAIMS COVERED AND RELEASED
4.1 Held’s Release of Proposition 65 Claims
Held, acting on his own behalf and in the public interest, releases TSC, its parents,
subsidiaries, predecessors and successors in interest, affiliated entities under common ownership,
and their directors, officers, employees, agents, shareholders, partners, members and attommeys
(“Releasees”), and each entity to whom TSC directly or indirectly distributes or sells the Products,
including, but not limited, TSC’s-downstream distributors, wholesalers, customers, retailers,
franchisees, cooperative members, licensors and licensees, and their owners, directors, officers,
agents, principals, employees, attomeys, insurers, accountants, predecessors, successors, and assigns
(“Downstream Releasees”) from any and all claims that were or could have been asserted by Held,
his past and current agents, principals, employees, insurers, accountants, entities under his ownership
or direction, representatives, attorneys, successors, and/or assignees (“Releasors”) under Proposition
65 for failure to warn about alleged exposures to Lead in the Products manufactured, imported,
distributed, offered for sale and/or sold in or into California by TSC, Releasees, and/or Downstream
Releasees on ar before the Effective Date, as alleged in the Notice, Compliance with the terms of
this Consent Judgment constitutes compliance with Proposition 65 with respect to exposures to Lead
from the Products,
4.2 Held’s Individual Release of Claims
In further consideration of the promises and agreements herein contained, Held, on behalf of
himself, and Releasors, waives any and all rights that he may have to institute or participate in,
directly or indirectly, any form of legal action against TSC, Releasees or Downstream Releasees,
and releases TSC, Releasees, and Downstream Releasees from, without limitation, all claims,
actions, and causes of action, in law and in equity, all suits, liabilities, demands, obligations,
CONSENT JUDGMENTNo
damages, costs, fines, penalties, losses, or expenses (including, but not limited to, investigation fees,
expert fees, and attorneys’ fees), that were asserted, or that could have been asserted, against TSC,
Releasees or Downstream Releasees for any alleged violations of Proposition 65, or any other
alleged violations of statutory or common law, arising from alleged exposures to Lead in the
Products sold by TSC before the Effective Date (collectively “claims”).
43 TSC’s Release of Held
TSC, on its own behalf, and on behalf of its past and current agents, representatives,
attorneys, successors, and/or assignees, hereby waives any and all claims against Held and his
attorneys and other representatives, for any and all actions taken or statements made by Held and his
attorneys and other representatives, whether in the course of investigating claims articulated in the
Notice, otherwise seeking to enforce Proposition 65 against it in this matter, or regarding the
Products,
4.4 Mutual Release of Known and Unknown Claims
It is possible that other claims not known to the Parties arising out of the facts alleged in the
Notice and relating to the Products sold by TSC before the Effective Date will develop or be
discovered. Held, on behalf of himself and Releasors, in his individual capacity only and not in his
representative capacity, and TSC, each acknowledge that this release is expressly intended to cover
and include al! such claims, including all rights of action therefor, and further acknowledge that the
claims released in Sections 4.1, 4.2 and 4.3 may include unknown claims, and nevertheless waive
California Civil Code § 1542 as to any such unknown claims arising out of the facts alleged in the
Notice and relating to the Products sold by TSC before the Effective Date. California Civil Code
§ 1542 reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.’
The Parties acknowledge and understand the significance and consequences of this specific waiver of {
California Civil Code § 1542 arising out of the facts alleged in the Notice and relating to the Products
sold by TSC before the Effective Date.
“CONSENT JUDGMENT
|
|
i
1
1!5. COURT APPROVAL
This Consent Judgment is not effective until it is approved and entered by the Court and shall
. be null and void if, for any reason, it is not approved and entered by the Court within one year after
it has been fully executed by the Parties, or by such additional time as the Parties may agree to in i
, writing.
6. SEVERABILITY.
If, subsequent to the Court’s approval and entry of this Consent Judgment as a judgment, any |
of the provisions of this Consent Judgment are deemed by a court to be unenforceable, the validity of
oD mY AW eh ww
the remaining provisions shall not be adversely affected. |
10} 7 GOVERNING LAW 7 i
i The terms of this Consent Judgment shall be governed by the laws of the State of California j
12 | and apply within the State of California. In the event that Proposition 65 is repealed or is otherwise
13 | rendered inapplicable by reason of law generally, or as to Lead or as to the Products, then TSC may
14 | provide written notice to Held of any asserted change in the law, or its applicability to TSC or the
15 | Products, and shall have no further injunctive obligations pursuant to this Consent Judgment with
16 | respect to, and to the extent that, TSC or the Products are so affected,
17} 8 NOTICE
18 | Unless specified herein, all correspondence and notice required to be provided pursuant to
19 | this Consent Judgment shall be in writing and sent by: (a) personal delivery; (b) first-class, registered
20 i or certified mail, return receipt requested; or (c) a recognized overnight courier on any Party by the
2} { other at the following addresses: :
224 ForTSC: Keren Austin For Held: Proposition 65 Coordinator |
Vice President, Legal & Compliance The Chanler Group |
23 Tractor Supply Company 2560 Ninth Street q
5401 Virginia Way Parker Plaza, Suite 214 |
24 Brentwood, TN 37027 Berkeley, CA 94710 {
25 | With a copy to:
26 | Jay W. Connolly
fr Seyfarth Shaw LLP
27 560 Mission Street, 31st Floor
San Francisco, CA 94105-2930
“CONSENT JUDGMENTCRP YN A mh Aw
| entry of a modified consent judgment by the Court thereon; or (ii) a successful motion or application
I
| Any Party may, from time to time, specify in writing to the other a change of address to which al]
| notices and other communications shall be sent.
| 9.. COUNTERPARTS: FACSIMILE/EDF SIGNATURES
This Consent Judgment may be executed in counterparts and by facsimile or portable
document format (PDF) signature, each of which shal) be deemed an original, and all of which,
when taken together, shall constitute one and the same document.
10, COMPLIANCE WITH HEALTH & SAFETY CODE § 25249.7(7)
Held and his attorneys agree to comply with the reporting form requirements referenced in
California Health and Safety Code § 25249.7(f). The Parties further acknowledge that, pursuant to
Health and Safety Code § 25249.7(f), a noticed motion is required to obtain judicial approval of the
settlement. In furtherance of obtaining such approval, the Parties agree to mutually employ their
best efforts, and those of their counsel, to support the entry of this agreement as a judgment, and to
obtain judicial approval of their settlement in a timely manner. For purposes of this Section, “best
efforts” shall include, at a minimum, supporting the motion.
11, MODIFICATION
This Consent Judgment may be modified only by: (i) a written agreement of the Parties and
of any Party, and the entry of a modified consent judgment by the Court thereon.
12, ENTIRE AGREEMENT
This Consent Judgment contains the sole and entire agreement of the Parties and any and all \
prior negotiations and understandings related hereto shall be deemed to have been merged within it.
No representations or terms of agreement other than those contained herein exist or have been made
by any Party with respect to the other Party or the subject matter hereof.
We é
ut |
CONSENT JUDGMENT13, AUTHORIZATION :
The undersigned are authorized to execute this Consent Judgment on behalf of their
respective Parties and have read, understood, and agreed to all of the terms and conditions of this
Consent Judgment.
AGREED TO: AGREED TO:
Co ee
By:Lastiana lal ell
Anthony FE. field. Ph. Karen Austin,
u Vice President, Legal & Compliance
Tractor Supply Company
~~ CONSENT JUDGMENT
Preview
oN NW Laralei S. Paras, State Bar No. 203319 THE CHANLER GROUP 2560 Ninth Street Parker Plaza, Suite 214 Berkeley, CA 94710-2565 Telephone: (510) 848-8880 Facsimile: (510) 848-8118 laralei@chanler.com Attomeys for Plaintiff ANTHONY E. HELD, PH.D., P.E. ELECTRONICALLY FILED Superior Court of California, County of San Francisco 10/25/2018 Clerk of the Court BY: KALENE APOLONIO Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION ANTHONY E. HELD, PH.D., P.E., Plaintiff, TRACTOR SUPPLY COMPANY; et al., Defendants. Case No. CGC-18-566691 NOTICE OF ENTRY OF JUDGMENT PURSUANT TO TERMS OF PROPOSITION 65 SETTLEMENT AND CONSENT JUDGMENT NOTICE OF ENTRY OF JUDGMENTTO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that, on October 22, 2018, the Court signed and entered a Judgment Pursuant to Terms of Proposition 65 Settlement and Consent Judgment. A true and correct copy of the Judgment is attached as Exhibit 1. Dated: October 25, 2018 Respectfully submitted, THE CHANLER GROUP Attomeys for Plaintiff ANTHONY E. HELD, PH.D., P.E. ~~ NOTICE OF ENTRY OF JUDGMENTEXHIBIT 1om NADH Rh Ww Ye ds FS 13 | Clifford A. Chanler, State Bar No. 135534 Laralei S. Paras, State Bar No. 203319 THE CHANLER GROUP 2560 Ninth Street Parker Plaza, Suite 214 Berkeley, CA 94710 Telephone: (510) 848-8880 Facsimile: (510) 848-8118 clifford@chanler.com laralei@chanler.com Attorneys for Plaintiff ANTHONY E. HELD, PH.D., P.E, | Superior Court of California County of San Francisco OCT-2 2 2018 CLERK OF THE COURY, ~~, . Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION ANTHONY E. HELD, PH.D., P.E., Plaintiff, v. TRACTOR SUPPLY COMPANY; et ai., Defendants. Case No, CGC-18-566691 JUDGMENT PURSUANT TO TERMS OF PROPOSITION 65 | SETTLEMENT AND CONSENT | JUDGMENT | Date: October 22, 2018 | Time: 9:30 am. Dept.: 302 Judge: Hon. Harold 8. Kahn Reservation No.: 08311022-02 JUDGMENT PURSUANT TO TERMS OF PROPOSITION 65 SETTLEMENT AND CONSENT JUDGMENTYA nw PF ww In the above entitled action, plaintiff Anthony E. Held, Ph.D., P.E. and Defendant Tractor Supply Company, having agreed through their respective counsel that Judgment be entered pursuant to the terms of their settlement agreement in the form of a [Proposed] consent judgment (“Consent Judgment”), and following this Court’s issuance of an order approving their Proposition 65 settlement and Consent Judgment, and for good cause being shown, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that, pursuant to Health and Safety Code § 25249.7((4) and Code of Civil Procedure § 664.6, Judgment is hereby entered in accordance with the terms of the Consent Judgment attached hereto as Exhibit A. By stipulation of the parties, the Court will retain jurisdiction to enforce the terms of the settlement under Code of Civil Procedure § 664.6. IT IS SO ORDERED. a sa2x/ Wg Abl LK « (Ure, JUDGE OF THE oe COUR’ RICHARD B. ULMER 1 i” JUDGMENT PURSUANT TO TERMS OF PROPOSITION 65 SETTLEMENT AND CONSENT JUDGMENTEXHIBIT ALaralei §, Paras, State Bar No. 203319 THE CHANLER GROUP 2560 Ninth Street Parker Plaza, Suite 214 Berkeley, CA 94710-2565 Telephone: (510) 848-8880 Facsimile: (510) 848-8118 Jaralei@chanler.com Attomeys for Plaintiff ANTHONY E. HELD, PH_D., PE. Jay W. Connolly, State Bar No. 114725 Seyfarth Shaw LLP 560 Mission Street, 31% Floor San Francisco, CA 94105-2930 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 Attomeys for Defendant TRACTOR SUPPLY COMPANY SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION ANTHONY E. HELD, PH_D., P.E., Plaintiff, v. TRACTOR SUPPLY COMPANY, Defendant. | Case No. oe | (ROFOSEDE | CONSENT JUDGMENT | | Health & Safety Code § 25249.6 et seq., | & Cal, Code Civ. Proc. § 664.6) CONSENT JUDGMENTL INTRODUCTION 11 Parties This Consent Judgment is entered into by and between Anthony E. Held, Ph.D., P.E. (“Held”) and Tractor Supply Company (“TSC”), with Held and TSC each individually referred to as a “Party” and collectively as the “Parties.” 12° Plaintiff Held is an individual residing in the State of California who seeks to promote awareness of exposures to toxic chemicals and to improve human health by reducing or eliminating hazardous substances used in consumer products. 13 Defendant TSC employs ten or more individuals and is alleged to be a person in the course of doing business for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health & Safety Code § 25249.5 et seq. (“Proposition 65”). 14° General Allegations Held alleges that TSC manufactured, imported, distributed, offered for sale and/or sold in or | into California sprayer hoses containing Lead without providing consumers or other individuals residing in California the clear and reasonable warning that he alleges is required under Proposition 65. Lead is listed pursuant to Proposition 65 as a chemical known to the State of California to cause birth defects and other reproductive harm. 15 Products Description The “Products” covered by this Consent Judgment are defined as sprayer hoses containing Lead that are manufactured, imported, distributed and offered for sale or otherwise sold, directly or indirectly, in or into California by TSC as a component of its sprayer products including, but not limited to, the GroundWork 1/2 Gallon Pump Sprayer, #1093696, UPC #7 49394 08650 3. 16 Notice of Violation On November 20, 2017, Held served TSC and the requisite public enforcement agencies with a “60-Day Notice of Violation” (“Notice”) alleging that TSC violated Proposition 65 by failing to warn customers and consumers in California of their alleged exposure to Lead in the Products at or 1 CONSENT JUDGMENT_ wo me YAR eH Bw above levels requiring a warning under Proposition 65. No public enforcer has commenced and is diligently prosecuting an action to enforce the violations alleged in the Notice. 1.7 Complaint ‘On May 21, 2018, no public enforcer having commenced prosecution of the allegations set forth in the Notice, Held filed the instant action (“Complaint”) for the alleged violations of Proposition 65 that are the subject of the Notice. 18 No Admission TSC denies the material, factual, and legal allegations in the Notice and Complaint, and maintains that all products it has manufactured, imported, distributed, shipped, sold and/or offered for sale in California, including the Products, have been and are safe and in compliance with all laws. Nothing in this Consent Judgment shall be construed as, nor shall compliance with this Consent Judgment constitute or be construed as, an admission by TSC of any allegation, fact, finding, conclusion, issue of law, or violation of Jaw, such being specifically denied by TSC. This Section shall not, however, diminish or otherwise affect TSC’s obligations, responsibilities, and duties under this Consent Judgment. 19 Jurisdiction For purposes of this Consent Judgment only, the Parties stipulate that this Court has jarisdiction over TSC as to the allegations in the Complaint, that venue is proper in the City and County of San Francisco, and that the Court has jurisdiction to enter and enforce the provisions of this Consent Judgment pursuant to Proposition 65 and Code of Civil Procedure § 664.6. 1.10 Effective Date For purposes of this Consent Judgment, the term “Effective Date” means the date on which the Court grants the motion for approval of the Consent Judgment contemplated by Section 11. 2. INJUNCTIVE RELIEF: REFORMULATION AND WARNING 24 Reformulation Commitment Commencing on the Effective Date and continuing thereafter, TSC shail only manufacture for sale, purchase for sale, or import for sale in California, Products that are Reformulated Products as defined by Section 2.2, or Products that are labeled with a clear and reasonable warning as set CONSENT JUDGMENTCoe Ya A Ww ew 10 ' forth under Section 2.3. 4 2.2 Reformulation Standard { For the purposes of this Consent Judgment, “Reformulated Products” are defined as Products that contain no more than 90 parts per million (0.009%) Lead content when sampled and analyzed | pursuant to EPA testing methodologies 3050B and 6010B; and (c) yield a sesult of no more than 1.0 | micrograms of Lead when sampled according to NIOSH 9100 protocol and analyzed according to i EPA 6010B. In addition to the above test methodologies, the Parties may use equivalent methodologies utilized by a state or federal agency to determine Lead content in a solid substance. | 2.3 Clear and Reasonable Warnings Commencing on the Effective Date and continuing thereafter, all Products TSC sells and/or distributes for sale in California which do not qualify as Reformulated Products, will bear aclear and | reasonable warning pursuant to this Section. TSC further agrees that the warning will be prominently | placed with such conspicuousness when compared with other words, statements, designs or devices as to render it likely to be read and understood by an ordinary individual under customary conditions | of use. | For purposes of this Consent Judgment, a clear and reasonable warning for the Products shall i consist of a warning affixed to the packaging, label, tag, or directly to a Product sold in Califomia | and containing one of the following statements: AX, WARNING: Cancer and Reproductive Harm - www.P6SWarnings.ca.gov OR 4. WARNING: This product can expose you to chemicals including Lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Wamings.ca.gov Pursuant to Health and Safety Code § 25603(a)(1), the warning symbol that accompanies the warning language may be printed in black and white where the sign, label, or shelf tag for the product | is not printed using the color yellow, | ‘CONSENT JUDGMENT1 For purposes of this Consent Judgment, a clear and reasonable warning for Products manufactured prior to August 30, 2018, may also consist of a warning affixed to the packaging, label, | tag, or directly to a Product sold in California and containing the following statement: WARNING: This product contains chemicals known to the State of California to cause cancer, birth defects or other reproductive harm. 2 3 4 5 ' 613. MONETARY SETTLEMENT TERMS 7 7 3.1 Civil Penalty Payments 8 Pursuant to Health and Safety Code § 25249.7(b)(2), and in settlement of all claims alleged in | 9 | the Notice or referred to in this Consent Judgment, TSC agrees to pay a total of $11,750 in civil | 10 | penalties. The penalty payment wil} be allocated in accordance with California Health and Safety 11 | ‘Code § 25249.12(c)(1) & (d), with 75% of the penalty amount paid to the California Office of 12 | Bnvironmental Health Hazard Assessment (“QEHHA”) and the remaining 25% of the penalty | 13 } amount retained by Held. 14 TSC will deliver its payment within five business (5) days of receipt by TSC of copies of the | 15 | order approving this Consent Judgment and the Judgment entered pursuant to the terms of this 16 | Consent Judgment in two checks for the following amounts made payable to: (a) “OEHHA” in the 3 amount of $8,812.50; and (b) “Anthony Held, Client Trust Account” in the-amount of $2,937.50. 18 | Held’s counsel shall be responsible for delivering OEHHA's portion of the penalties paid under this 19 | Consent Judgment. 20 | 3.2 Attorneys’ Fees and Costs 21 ‘The Parties reached an accord on the compensation due to Held and his counsel under 22 | general contract principles and the private attorney general doctrine codified at Code of Civil 23 |) Procedure § 1021.5 for all work performed in this matter. TSC agrees to pay $38,250 to Held and 24 || his counsel for all fees and costs incurred investigating, bringing this matter to the attention of TSC’s 25 | management, and negotiating a settlement that provides a significant public benefit. TSC's payment 26 || shall be delivered in the form of a check payable to “The Chanler Group” within five business (5) 27 | days of receipt by TSC of copies of the order approving this Consent Judgment and the Judgment 28 || entered pursuant to the terms of this Consent Judgment. CONSENT JUDGMENToo YA hw A wD 26 27 3.3. Payment Address All payments under this Consent Judgment shall be delivered to: The Chanler Group Attn: Proposition 65 Controller 2560 Ninth Street Parker Plaza, Suite 214 Berkeley, CA 94710 4. CLAIMS COVERED AND RELEASED 4.1 Held’s Release of Proposition 65 Claims Held, acting on his own behalf and in the public interest, releases TSC, its parents, subsidiaries, predecessors and successors in interest, affiliated entities under common ownership, and their directors, officers, employees, agents, shareholders, partners, members and attommeys (“Releasees”), and each entity to whom TSC directly or indirectly distributes or sells the Products, including, but not limited, TSC’s-downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, licensors and licensees, and their owners, directors, officers, agents, principals, employees, attomeys, insurers, accountants, predecessors, successors, and assigns (“Downstream Releasees”) from any and all claims that were or could have been asserted by Held, his past and current agents, principals, employees, insurers, accountants, entities under his ownership or direction, representatives, attorneys, successors, and/or assignees (“Releasors”) under Proposition 65 for failure to warn about alleged exposures to Lead in the Products manufactured, imported, distributed, offered for sale and/or sold in or into California by TSC, Releasees, and/or Downstream Releasees on ar before the Effective Date, as alleged in the Notice, Compliance with the terms of this Consent Judgment constitutes compliance with Proposition 65 with respect to exposures to Lead from the Products, 4.2 Held’s Individual Release of Claims In further consideration of the promises and agreements herein contained, Held, on behalf of himself, and Releasors, waives any and all rights that he may have to institute or participate in, directly or indirectly, any form of legal action against TSC, Releasees or Downstream Releasees, and releases TSC, Releasees, and Downstream Releasees from, without limitation, all claims, actions, and causes of action, in law and in equity, all suits, liabilities, demands, obligations, CONSENT JUDGMENTNo damages, costs, fines, penalties, losses, or expenses (including, but not limited to, investigation fees, expert fees, and attorneys’ fees), that were asserted, or that could have been asserted, against TSC, Releasees or Downstream Releasees for any alleged violations of Proposition 65, or any other alleged violations of statutory or common law, arising from alleged exposures to Lead in the Products sold by TSC before the Effective Date (collectively “claims”). 43 TSC’s Release of Held TSC, on its own behalf, and on behalf of its past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives any and all claims against Held and his attorneys and other representatives, for any and all actions taken or statements made by Held and his attorneys and other representatives, whether in the course of investigating claims articulated in the Notice, otherwise seeking to enforce Proposition 65 against it in this matter, or regarding the Products, 4.4 Mutual Release of Known and Unknown Claims It is possible that other claims not known to the Parties arising out of the facts alleged in the Notice and relating to the Products sold by TSC before the Effective Date will develop or be discovered. Held, on behalf of himself and Releasors, in his individual capacity only and not in his representative capacity, and TSC, each acknowledge that this release is expressly intended to cover and include al! such claims, including all rights of action therefor, and further acknowledge that the claims released in Sections 4.1, 4.2 and 4.3 may include unknown claims, and nevertheless waive California Civil Code § 1542 as to any such unknown claims arising out of the facts alleged in the Notice and relating to the Products sold by TSC before the Effective Date. California Civil Code § 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.’ The Parties acknowledge and understand the significance and consequences of this specific waiver of { California Civil Code § 1542 arising out of the facts alleged in the Notice and relating to the Products sold by TSC before the Effective Date. “CONSENT JUDGMENT | | i 1 1!5. COURT APPROVAL This Consent Judgment is not effective until it is approved and entered by the Court and shall . be null and void if, for any reason, it is not approved and entered by the Court within one year after it has been fully executed by the Parties, or by such additional time as the Parties may agree to in i , writing. 6. SEVERABILITY. If, subsequent to the Court’s approval and entry of this Consent Judgment as a judgment, any | of the provisions of this Consent Judgment are deemed by a court to be unenforceable, the validity of oD mY AW eh ww the remaining provisions shall not be adversely affected. | 10} 7 GOVERNING LAW 7 i i The terms of this Consent Judgment shall be governed by the laws of the State of California j 12 | and apply within the State of California. In the event that Proposition 65 is repealed or is otherwise 13 | rendered inapplicable by reason of law generally, or as to Lead or as to the Products, then TSC may 14 | provide written notice to Held of any asserted change in the law, or its applicability to TSC or the 15 | Products, and shall have no further injunctive obligations pursuant to this Consent Judgment with 16 | respect to, and to the extent that, TSC or the Products are so affected, 17} 8 NOTICE 18 | Unless specified herein, all correspondence and notice required to be provided pursuant to 19 | this Consent Judgment shall be in writing and sent by: (a) personal delivery; (b) first-class, registered 20 i or certified mail, return receipt requested; or (c) a recognized overnight courier on any Party by the 2} { other at the following addresses: : 224 ForTSC: Keren Austin For Held: Proposition 65 Coordinator | Vice President, Legal & Compliance The Chanler Group | 23 Tractor Supply Company 2560 Ninth Street q 5401 Virginia Way Parker Plaza, Suite 214 | 24 Brentwood, TN 37027 Berkeley, CA 94710 { 25 | With a copy to: 26 | Jay W. Connolly fr Seyfarth Shaw LLP 27 560 Mission Street, 31st Floor San Francisco, CA 94105-2930 “CONSENT JUDGMENTCRP YN A mh Aw | entry of a modified consent judgment by the Court thereon; or (ii) a successful motion or application I | Any Party may, from time to time, specify in writing to the other a change of address to which al] | notices and other communications shall be sent. | 9.. COUNTERPARTS: FACSIMILE/EDF SIGNATURES This Consent Judgment may be executed in counterparts and by facsimile or portable document format (PDF) signature, each of which shal) be deemed an original, and all of which, when taken together, shall constitute one and the same document. 10, COMPLIANCE WITH HEALTH & SAFETY CODE § 25249.7(7) Held and his attorneys agree to comply with the reporting form requirements referenced in California Health and Safety Code § 25249.7(f). The Parties further acknowledge that, pursuant to Health and Safety Code § 25249.7(f), a noticed motion is required to obtain judicial approval of the settlement. In furtherance of obtaining such approval, the Parties agree to mutually employ their best efforts, and those of their counsel, to support the entry of this agreement as a judgment, and to obtain judicial approval of their settlement in a timely manner. For purposes of this Section, “best efforts” shall include, at a minimum, supporting the motion. 11, MODIFICATION This Consent Judgment may be modified only by: (i) a written agreement of the Parties and of any Party, and the entry of a modified consent judgment by the Court thereon. 12, ENTIRE AGREEMENT This Consent Judgment contains the sole and entire agreement of the Parties and any and all \ prior negotiations and understandings related hereto shall be deemed to have been merged within it. No representations or terms of agreement other than those contained herein exist or have been made by any Party with respect to the other Party or the subject matter hereof. We é ut | CONSENT JUDGMENT13, AUTHORIZATION : The undersigned are authorized to execute this Consent Judgment on behalf of their respective Parties and have read, understood, and agreed to all of the terms and conditions of this Consent Judgment. AGREED TO: AGREED TO: Co ee By:Lastiana lal ell Anthony FE. field. Ph. Karen Austin, u Vice President, Legal & Compliance Tractor Supply Company ~~ CONSENT JUDGMENT