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`Case 3:20-cv-08348-WHO Document 1 Filed 11/26/20 Page 1 of 10
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
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`
`
` Honorable William H. Orrick
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`Case No. 3:19-md-02913-WHO
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`IN RE JUUL LABS, INC., MARKETING,
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`SALES PRACTICES, AND PRODUCTS
`
` LIABILITY LITIGATION
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`
`
`This Document Relates to:
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`JURY TRIAL DEMANDED
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`
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`SHORT-FORM COMPLAINT AND DEMAND FOR JURY TRIAL
`(PERSONAL INJURY)
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`
`
`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.
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`28
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`- 1 -
`SHORT-FORM COMPLAINT AND JURY DEMAND
`(PERSONAL INJURY)
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`Harvey Trent and Tara Trent (h/w)
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`I.
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`II.
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`Case 3:20-cv-08348-WHO Document 1 Filed 11/26/20 Page 2 of 10
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`DESIGNATED FORUM2
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`1.
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`Identify the Federal District Court in which the Plaintiff would have filed in the
`absence of direct filing:
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` (“Transferee District Court”).
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`IDENTIFICATION OF PARTIES
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`A.
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`PLAINTIFF(S)
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`2. Injured Plaintiff(s): Name of the individual injured due to use of JUUL products:
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` (“Plaintiff”).
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`3. At the time of the filing of this Short-Form Complaint, Plaintiff resides at:
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`4. Consortium Plaintiff: Name of the individual(s) that allege damages for loss of
`consortium:
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` (“Consortium Plaintiff”).
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`5. Survival and/or Wrongful Death Claims:
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`(a)
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`Name and residence of Decedent Plaintiff when he/or she suffered a JUUL
`related death:
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`(b)
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`Plaintiff/Decedent died on:
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`(c)
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`Plaintiff is filing this case in a representative capacity as the
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`of
`the
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`2 See Case Management Order No. 3, at II(C) (ECF No. 309).
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`- 2 -
`SHORT-FORM COMPLAINT AND JURY DEMAND
`(PERSONAL INJURY)
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`Ohio Southern District
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`Harvey Trent
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`132 S Gettysburg Avenue, Dayton, OH 45417
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`Tara Trent
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`Case 3:20-cv-08348-WHO Document 1 Filed 11/26/20 Page 3 of 10
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`
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`as such by the Court of
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`B.
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`DEFENDANT(S)
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` having been duly appointed
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`6.
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`Plaintiff(s) name(s) the following Defendants in this action
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`[BEFORE PROCEEDING - PLEASE CAREFULLY READ AND CONSIDER THE
`INCORPORATION AND PRINCIPAL PLACE OF BUSINESS OR RESIDENCE OF EACH
`DEFENDANT BEFORE SELECTING TO ENSURE THAT YOU ARE NOT NAMING ANY
`DEFENDANTS FROM THE SAME STATE OF THE PLAINTIFF. THE PLACE OF
`INCORPORATION, PRINCIPAL PLACE OF BUSINESS OR RESIDENCE OF EACH
`DEFENDANT IS IN THE FOOTNOTES FOR YOUR CONVENIENCE]:
`
`
`
` JUUL LABS, INC., previously d/b/a as PAX LABS, INC. and PLOOM INC.;3
`
` ALTRIA GROUP, INC.;4
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` PHILIP MORRIS USA, INC.;5
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` ALTRIA CLIENT SERVICES LLC;6
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` ALTRIA GROUP DISTRIBUTION COMPANY;7
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` ALTRIA ENTERPRISES LLC;8
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`THE MANGEMENT DEFENDANTS
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` JAMES MONSEES;9
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` ADAM BOWEN;10
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` NICHOLAS PRITZKER;11
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`
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`3 Delaware corporation, with its principal place of business in San Francisco, California.
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`4 Virginia corporation, with its principal place of business in Richmond, Virginia.
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`5 Virginia corporation with its principal place of business in Richmond, Virginia.
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`6 Virginia limited liability company with its principal place of business in Richmond, Virginia.
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`7 Virginia corporation with its principal place of business in Richmond, Virginia.
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`8 Virginia limited liability company with its principal place of business in Richmond, Virginia.
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`9 A resident of California.
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`10 A resident of California.
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`- 3 -
`SHORT-FORM COMPLAINT AND JURY DEMAND
`(PERSONAL INJURY)
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`Case 3:20-cv-08348-WHO Document 1 Filed 11/26/20 Page 4 of 10
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` HOYOUNG HUH;12
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` RIAZ VALANI;13
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`THE E-LIQUID MANUFACTURING DEFENDANTS
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` MOTHER MURPHY'S LABS, INC.;14
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` ALTERNATIVE INGREDIENTS, INC.;15
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` TOBACCO TECHNOLOGY, INC.;16
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` eLIQUITECH, INC.;17
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`THE DISTRIBUTOR DEFENDANTS
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` MCLANE COMPANY, INC.;18
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` EBY-BROWN COMPANY, LLC;19
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` CORE-MARK HOLDING COMPANY, INC.;20
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`THE RETAILER DEFENDANTS
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` CHEVRON CORPORATION;21
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` CIRCLE K STORES INC.;22
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` SPEEDWAY LLC;23
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`11 A resident of California.
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`12 A resident of California.
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`13 A resident of California.
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`14 North Carolina corporation, with a principal place of business in North Carolina.
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`15 North Carolina corporation, with a principal place of business in North Carolina.
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`16 Maryland corporation, with a principal place of business in Maryland.
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`17 Maryland corporation, with a principal place of business in Maryland.
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`18 Texas corporation with a principal place of business in Texas.
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`19 Delaware limited liability company with a principal place of business in Illinois.
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`20 Delaware corporation. From 2015-2018, principal place of business California; as of 2019, principal place
`of business Texas.
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`21 Delaware corporation with a principal place of business in California.
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`22 Texas corporation with a principal place of business in Arizona.
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`- 4 -
`SHORT-FORM COMPLAINT AND JURY DEMAND
`(PERSONAL INJURY)
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`Case 3:20-cv-08348-WHO Document 1 Filed 11/26/20 Page 5 of 10
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` 7-ELEVEN, INC.;24
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` WALMART;25
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` WALGREENS BOOTS ALLIANCE, INC.26
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`C.
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`7.
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`D.
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`8.
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`PRODUCT USE
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`Plaintiff used JUUL during
`] to [
`substantially contributed to his/her injury.
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`PHYSICAL INJURY27
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`the
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`[
`from
`including
`time period
`] and that use caused and or
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`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:
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` ADDICTION
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` NICOTINE POISIONING
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` BEHAVIORAL ISSUES/MENTAL HEALTH (check all that apply):
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`ANGER/OUTBURSTS
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` MOOD SWINGS
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`IRRITABILITY
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`SUICIDAL THOUGHTS
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`SUICIDAL ATTEMPTS
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`DEATH BY SUICIDE
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`OTHER (specify): ______________________________
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`23 Delaware corporation with a principal place of business in Ohio.
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`24 Texas corporation with a principal place of business in Texas.
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`25 Delaware corporation with a principal place of business in Arkansas.
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`26 Delaware corporation with a principal place of business in Illinois.
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`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.
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`- 5 -
`SHORT-FORM COMPLAINT AND JURY DEMAND
`(PERSONAL INJURY)
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`May 2018
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`December 2018
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`Case 3:20-cv-08348-WHO Document 1 Filed 11/26/20 Page 6 of 10
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` COGNITIVE ISSUES (check all that apply):
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`ATTENTION DEFICIT DISORDER
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`LEARNING IMPAIRMENTS
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`LACK OF CONCENTRATION
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`TROUBLE SLEEPING
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`OTHER (specify):____________________________
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` CARDIOVASCULAR (check all that apply):
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`HEART ATTACK
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`OTHER CARDIOVASCULAR DIAGNOSIS (specify)
`______________________________________________
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` NEUROLOGIC (check all that apply):
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` SEIZURES
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` STROKE
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` RESPIRATORY/LUNG (check all that apply):
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` ACUTE EOSINOPHILIC PNEUMONIA/PULMONARY
`EOSINOPHILIA
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` ACUTE INTERSTITIAL PNEUMONITIS OR ACUTE PNEUMONIA
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` ACUTE RESPIRATORY DISTRESS SYNDROME (ARDS)
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` ASTHMA
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` BRONCHITIS
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` CHRONIC LUNG PROBLEMS
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` CHRONIC OBSTRUCTIVE PULMONARY DISEASE (COPD)
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` E-CIGARETTE, OR VAPING, PRODUCT USE ASSOCIATED LUNG
`INJURY (EVALI)
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` ESPHYSEMA
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` LIPOID PNEUMONIA
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` LUNG TRANSPLANT
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` OTHER SPECIFIED INTERSTITIAL PULMONARY DISEASE
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` PNEUMONIA (any type) (specify): __________________________
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` POPCORN LUNG/BRONCHIOLITIS OBLITERANS
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`- 6 -
`SHORT-FORM COMPLAINT AND JURY DEMAND
`(PERSONAL INJURY)
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`Bells Palsy Heart Attack
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`x
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`X
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`Case 3:20-cv-08348-WHO Document 1 Filed 11/26/20 Page 7 of 10
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` DEATH
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` OTHER PERSONAL INJURIES (specify): ________________________
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`9.
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`The physical condition, injury or illness alleged in paragraph 7 occurred on or about:
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`V.
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`CAUSES OF ACTION ASSERTED
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`10.
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`The following Causes of Action asserted in the Plaintiffs’ Consolidated Master
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`Complaint (Personal Injury), and the allegations with regard thereto in the Plaintiffs’ Consolidated
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`Master Complaint (Personal Injury), are adopted in this Short Form Complaint by reference:
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`Cause of Action
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`Check if
`Applicable
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`Cause
`of
`Action
`Number
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`I
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`II
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`III
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`IV
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`V
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`VI
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`VII
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`VIII
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`IX
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`X
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`XI
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`STRICT LIABILITY - DESIGN DEFECT
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`STRICT LIABILITY - FAILURE TO WARN
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`STRICT LIABILITY - MANUFACTURING DEFECT
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`PRODUCTS LIABILITY - NEGLIGENT DESIGN
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`PRODUCTS LIABIITY –NEGLIGENT FAILURE TO WARN
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`PRODUCTS LIAIBILITY – NEGLIGENT MANUFACTURING
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`NEGLIGENCE AND/OR GROSS NEGLIGENCE
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`NEGLIGENT FAILURE TO RECALL/ RETROFIT
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`NEGLIGENT MISREPRESENTATION
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`FRAUD
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`FRAUDULENT CONCEALMENT
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`- 7 -
`SHORT-FORM COMPLAINT AND JURY DEMAND
`(PERSONAL INJURY)
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`Lung collapse/failure
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`December 2018
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`Case 3:20-cv-08348-WHO Document 1 Filed 11/26/20 Page 8 of 10
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`Cause of Action
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`Check if
`Applicable
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`Cause
`of
`Action
`Number
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`XII
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`XIII
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`XIV
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`XV
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`XVI
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`CONSPIRACY TO COMMIT FRAUD
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`UNJUST ENRICHMENT
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`VIOLATION OF UNFAIR TRADE PRACTICES/CONSUMER
`PROTECTION LAW and specify which state’s statute below
`_______________________
`
`BREACH OF EXPRESS WARRANTY
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`BREACH OF AN IMPLIED WARRANTY OF
`MERCHANTABILITY
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`XVII WRONGFUL DEATH
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`SURVIVAL ACTION
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` LOSS OF CONSORTIUM
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`XVIII
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`XIX
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`- 8 -
`SHORT-FORM COMPLAINT AND JURY DEMAND
`(PERSONAL INJURY)
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`x
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`x
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`x
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`OhioRev. Code § 1345.01 et seq.
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`Case 3:20-cv-08348-WHO Document 1 Filed 11/26/20 Page 9 of 10
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`VI. ADDITIONAL CAUSES OF ACTION
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`NOTE
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`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.
`
`
`
`
`11.
`Plaintiff(s) assert(s) the following additional theories against the Defendants
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`designated in paragraph 6 above:
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` WHEREFORE, Plaintiff(s) pray(s) for relief and judgment against Defendants for
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`compensatory, treble, and punitive damages, medical monitoring to diagnose JUUL induced injuries
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`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
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`such further relief as the Court deems equitable and just, and as set forth in the Plaintiffs’
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`Consolidated Master Complaint (Personal Injury).
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`- 9 -
`SHORT-FORM COMPLAINT AND JURY DEMAND
`(PERSONAL INJURY)
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`Case 3:20-cv-08348-WHO Document 1 Filed 11/26/20 Page 10 of 10
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`JURY DEMAND
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`Plaintiff(s) hereby demand a trial by jury as to all claims in this action.
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`- 10 -
`SHORT-FORM COMPLAINT AND JURY DEMAND
`(PERSONAL INJURY)
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`Date: November 26, 2020
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`______________________________
`M. Elizabeth Graham (SBN 143085)
`GRANT & EISENHOFER P. A.
`One Market Street
`Spear Tower, 36th Floor,
`San Francisco, CA 94105
`Phone: 415-293-8210
`Fax: 415-789-4367
`egraham@gelaw.com
`
`
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