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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`
`IN RE JUUL LABS, INC., MARKETING,
`SALES PRACTICES, AND PRODUCTS
`LIABILITY LITIGATION
`
`Case No. 3:19-md-02913-WHO
`
` Honorable William H. Orrick
`
`This Document Relates to:
`
`JURY TRIAL DEMANDED
`
`Janine Franklin, on behalf of her daughter, J.F., a
`minor.
`
`SHORT-FORM COMPLAINT AND DEMAND FOR JURY TRIAL
`(PERSONAL INJURY)
`
`The Plaintiff(s) named below file(s) this Short-Form Complaint and Demand for Jury Trial
`against Defendants named below by and through the undersigned counsel. Plaintiff(s) incorporate(s)
`by reference the allegations contained in Plaintiffs’ Consolidated Master Complaint (Personal
`Injury), in In re Juul Labs, Inc., Marketing, Sales Practices, and Products Lability Litigation, MDL
`No. 2913 in the United States District Court for the Northern District of California. Plaintiff(s) file(s)
`this Short-Form Complaint as permitted by Case Management Order No. 7 of this Court.
`
` Plaintiff(s) select and indicate by checking-off where requested, the Parties and Causes of
`Actions specific to this case.1
`
`Plaintiff, by and through their undersigned counsel, allege as follows:
`
`1 If Plaintiff wants to allege additional Cause(s) of Action other those selected in paragraph 10, the specific
`facts supporting any such additional Cause(s) of Action, must be pled in a manner complying with the
`requirements of the Federal Rules of Civil Procedure (see paragraph 11). In doing so you may attach additional
`pages to this Short-Form Complaint.
`
`- 1 -
`SHORT-FORM COMPLAINT AND JURY DEMAND
`(PERSONAL INJURY)
`
`
`
`Case 3:19-md-02913-WHO Document 1163 Filed 11/23/20 Page 2 of 10
`
`I.
`
`II.
`
`DESIGNATED FORUM2
`1.
`Identify the Federal District Court in which the Plaintiff would have filed in the
`absence of direct filing:
` United States District Court for the Northern District of California
`
` (“Transferee District Court”).
`
`IDENTIFICATION OF PARTIES
`A.
`PLAINTIFF(S)
`Injured Plaintiff(s): Name of the individual injured due to use of JUUL products:
`Janine Franklin, on behalf of her daughter, J.F., a minor.
` (“Plaintiff”).
`
`2.
`
`3. At the time of the filing of this Short-Form Complaint, Plaintiff resides at:
` 7429 East Easter Drive, Centennial, Colorado 80112
`
`4. Consortium Plaintiff: Name of the individual(s) that allege damages for loss of
`consortium:
`N/A
`
` (“Consortium Plaintiff”).
`
`5. Survival and/or Wrongful Death Claims:
`(a)
`Name and residence of Decedent Plaintiff when he/or she suffered a JUUL
`related death:
`N/A
`
`(b)
`
`(c)
`
`Plaintiff/Decedent died on:
`N/A
`
`Plaintiff is filing this case in a representative capacity as N/A of N/A, having
`been duly appointed as such by the Court of N/A.
`
`2 See Case Management Order No. 3, at II(C) (ECF No. 309).
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`Case 3:19-md-02913-WHO Document 1163 Filed 11/23/20 Page 3 of 10
`
`B.
`
`6.
`
`DEFENDANT(S)
`
`Plaintiff(s) name(s) the following Defendants in this action:
`
` JUUL LABS, INC., previously d/b/a as PAX LABS, INC. and PLOOM INC.;3
`
` ALTRIA GROUP, INC.;4
`
` PHILIP MORRIS USA, INC.;5
`
` ALTRIA CLIENT SERVICES LLC;6
`
` ALTRIA GROUP DISTRIBUTION COMPANY;7
`
` ALTRIA ENTERPRISES LLC;8
`
`THE MANGEMENT DEFENDANTS
`
` JAMES MONSEES;9
`
` ADAM BOWEN;10
`
` NICHOLAS PRITZKER;11
`
` HOYOUNG HUH;12
`
` RIAZ VALANI;13
`
`3 Delaware corporation, with its principal place of business in San Francisco, California.
`4 Virginia corporation, with its principal place of business in Richmond, Virginia.
`5 Virginia corporation with its principal place of business in Richmond, Virginia.
`6 Virginia limited liability company with its principal place of business in Richmond, Virginia.
`7 Virginia corporation with its principal place of business in Richmond, Virginia.
`8 Virginia limited liability company with its principal place of business in Richmond, Virginia.
`9 A resident of California.
`10 A resident of California.
`11 A resident of California.
`12 A resident of California.
`13 A resident of California.
`
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`
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`Case 3:19-md-02913-WHO Document 1163 Filed 11/23/20 Page 4 of 10
`
`THE E-LIQUID MANUFACTURING DEFENDANTS
`
` MOTHER MURPHY'S LABS, INC.;14
`
` ALTERNATIVE INGREDIENTS, INC.;15
`
` TOBACCO TECHNOLOGY, INC.;16
`
` eLIQUITECH, INC.;17
`
`THE DISTRIBUTOR DEFENDANTS
`
` MCLANE COMPANY, INC.;18
`
` EBY-BROWN COMPANY, LLC;19
`
` CORE-MARK HOLDING COMPANY, INC.;20
`
`THE RETAILER DEFENDANTS
`
` CHEVRON CORPORATION;21
`
` CIRCLE K STORES INC.;22
`
` SPEEDWAY LLC;23
`
`7-ELEVEN, INC.;24
`
`14 North Carolina corporation, with a principal place of business in North Carolina.
`15 North Carolina corporation, with a principal place of business in North Carolina.
`16 Maryland corporation, with a principal place of business in Maryland.
`17 Maryland corporation, with a principal place of business in Maryland.
`18 Texas corporation with a principal place of business in Texas.
`19 Delaware limited liability company with a principal place of business in Illinois.
`20 Delaware corporation. From 2015-2018, principal place of business California; as of 2019, principal place
`of business Texas.
`21 Delaware corporation with a principal place of business in California.
`22 Texas corporation with a principal place of business in Arizona.
`23 Delaware corporation with a principal place of business in Ohio.
`24 Texas corporation with a principal place of business in Texas.
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`Case 3:19-md-02913-WHO Document 1163 Filed 11/23/20 Page 5 of 10
`
`C.
`
`7.
`
`D.
`
`8.
`
` WALMART;25
`
` WALGREENS BOOTS ALLIANCE, INC.26
`
`PRODUCT USE
`
`Plaintiff used JUUL during the time period including from September 2017 to the
`present and that use caused and or substantially contributed to his/her injury.
`
`PHYSICAL INJURY27
`
`The Plaintiff(s) experienced the following physical condition, injury or illness alleged
`to have been caused and or contributed to as a substantial factor by JUUL:
`
` ADDICTION
`
` NICOTINE POISIONING
`
` BEHAVIORAL ISSUES/MENTAL HEALTH (check all that apply):
`
`ANGER/OUTBURSTS
`MOOD SWINGS
`IRRITABILITY
`SUICIDAL THOUGHTS
`SUICIDAL ATTEMPTS
`DEATH BY SUICIDE
`OTHER (specify): ____anxiety; hospitalization
`
` COGNITIVE ISSUES (check all that apply):
`
`ATTENTION DEFICIT DISORDER
`LEARNING IMPAIRMENTS
`
`25 Delaware corporation with a principal place of business in Arkansas.
`26 Delaware corporation with a principal place of business in Illinois.
`27 Plaintiff(s) must check-off all physical injuries allegedly caused by Plaintiff’s use of JUUL. Plaintiff is not
`required to plead here emotional or psychological injuries, or all manifestations of the physical injury alleged
`which will be inquired into as part of the Plaintiff’s Fact Sheet (“PFS”). This Short-Form Complaint assumes
`that emotional and psychological damages are asserted by the Plaintiff.
`
`- 5 -
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`Case 3:19-md-02913-WHO Document 1163 Filed 11/23/20 Page 6 of 10
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`LACK OF CONCENTRATION
`TROUBLE SLEEPING
`OTHER (specify):_academic trouble (dropped out of school)
`
` CARDIOVASCULAR (check all that apply):
`HEART ATTACK
`OTHER CARDIOVASCULAR DIAGNOSIS (specify)
`______________________________________________
`
` NEUROLOGIC (check all that apply):
` SEIZURES
` STROKE
`
` RESPIRATORY/LUNG (check all that apply):
` ACUTE EOSINOPHILIC PNEUMONIA/PULMONARY
`EOSINOPHILIA
` ACUTE INTERSTITIAL PNEUMONITIS OR ACUTE PNEUMONIA
` ACUTE RESPIRATORY DISTRESS SYNDROME (ARDS)
` ASTHMA
` BRONCHITIS
` CHRONIC LUNG PROBLEMS
` CHRONIC OBSTRUCTIVE PULMONARY DISEASE (COPD)
`E-CIGARETTE, OR VAPING, PRODUCT USE ASSOCIATED LUNG
`INJURY (EVALI)
` ESPHYSEMA
` LIPOID PNEUMONIA
` LUNG TRANSPLANT
` OTHER SPECIFIED INTERSTITIAL PULMONARY DISEASE
` PNEUMONIA (any type) (specify): __________________________
` POPCORN LUNG/BRONCHIOLITIS OBLITERANS
`
` DEATH
`
`- 6 -
`SHORT-FORM COMPLAINT AND JURY DEMAND
`(PERSONAL INJURY)
`
`
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`Case 3:19-md-02913-WHO Document 1163 Filed 11/23/20 Page 7 of 10
`
` OTHER PERSONAL INJURIES (specify): _hair loss
`
`9.
`
`The physical condition, injury or illness alleged in paragraph 7 occurred on or about:
`February of 2018.
`
`V.
`
`CAUSES OF ACTION ASSERTED
`
`10.
`
`The following Causes of Action asserted in the Plaintiffs’ Consolidated Master
`
`Complaint (Personal Injury), and the allegations with regard thereto in the Plaintiffs’ Consolidated
`
`Master Complaint (Personal Injury), are adopted in this Short Form Complaint by reference:
`
`Cause of Action
`
`Check if
`Applicable
`
`Cause
`of
`Action
`Number
`
`I
`
`II
`
`III
`
`IV
`
`V
`
`VI
`
`STRICT LIABILITY - DESIGN DEFECT
`
`STRICT LIABILITY - FAILURE TO WARN
`
`STRICT LIABILITY - MANUFACTURING DEFECT
`
`PRODUCTS LIABILITY - NEGLIGENT DESIGN
`
`PRODUCTS LIABIITY –NEGLIGENT FAILURE TO WARN
`
`PRODUCTS LIAIBILITY – NEGLIGENT MANUFACTURING
`
`VII
`
`NEGLIGENCE AND/OR GROSS NEGLIGENCE
`
`VIII
`
`NEGLIGENT FAILURE TO RECALL/ RETROFIT
`
`IX
`
`X
`
`XI
`
`NEGLIGENT MISREPRESENTATION
`
`FRAUD
`
`FRAUDULENT CONCEALMENT
`
`XII
`
`CONSPIRACY TO COMMIT FRAUD
`
`XIII
`
`UNJUST ENRICHMENT
`- 7 -
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`Case 3:19-md-02913-WHO Document 1163 Filed 11/23/20 Page 8 of 10
`
`Cause of Action
`
`Check if
`Applicable
`
`Cause
`of
`Action
`Number
`
`XIV
`
`VIOLATION OF UNFAIR TRADE PRACTICES/CONSUMER
`PROTECTION LAW and specify which state’s statute below
`Colorado
`
`XV
`
`BREACH OF EXPRESS WARRANTY
`
`XVI
`
`BREACH OF AN IMPLIED WARRANTY OF
`MERCHANTABILITY
`
`XVII WRONGFUL DEATH
`
`XVIII
`
`SURVIVAL ACTION
`
`XIX
`
` LOSS OF CONSORTIUM
`
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`Case 3:19-md-02913-WHO Document 1163 Filed 11/23/20 Page 9 of 10
`
`VI. ADDITIONAL CAUSES OF ACTION
`
`NOTE
`
`If Plaintiff wants to allege additional Cause(s) of Action other those selected in paragraph 10, the
`specific facts supporting any such additional Cause(s) of Action, must be pled in a manner complying
`with the requirements of the Federal Rules of Civil Procedure (see paragraph 11). In doing so you may
`attach additional pages to this Short-Form Complaint.
`
`Plaintiff(s) assert(s) the following additional theories against the Defendants
`11.
`designated in paragraph 6 above:
`
`[YOU MAY ATTACH ADDITIONAL PAGES, IF NECESSARY]
`
` WHEREFORE, Plaintiff(s) pray(s) for relief and judgment against Defendants for
`
`compensatory, treble, and punitive damages, medical monitoring to diagnose JUUL induced injuries
`
`at an earlier date to allow for timely treatment and prevention of exacerbation of injuries, together
`
`with interest, costs of suit, attorneys' fees, and all such other relief as the Court deems proper, and
`
`such further relief as the Court deems equitable and just, and as set forth in the Plaintiffs’
`
`Consolidated Master Complaint (Personal Injury).
`
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`
`
`Case 3:19-md-02913-WHO Document 1163 Filed 11/23/20 Page 10 of 10
`
`JURY DEMAND
`
`Plaintiff(s) hereby demand a trial by jury as to all claims in this action.
`
`Respectfully submitted,
`
`MIGLICACCIO & RATHOD LLP
`
`/s/ Esfand Nafisi
`Esfand Nafisi (SBN: 320119)
`Migliaccio & Rathod LLP
`388 Market Street
`Suite 1300
`San Francisco, CA 94111
`Tel: 415-489-7004
`enafisi@classlawdc.com
`
`Attorneys for Plaintiff
`
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`