Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 1 of 36
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`EXHIBIT B
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`EXHIBIT B
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`Case Nmnber: CACE-20-007163 Division: 14
`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 2 of 36
`Filing# 106810724 E-Filed 04/28/2020 04:32:09 PM
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`IN THE CIRCUIT COURT, SEVENTEENTH JUDICIAL CIRCUIT,
`IN AND FOR BROWARD COUNTY, FLORIDA
`
`ROBYNE NEWELL,
`
`Plaintiff,
`
`vs.
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`PETSMART, INC., a Foreign
`For-Profit Corporation
`
`CASE NO.:
`DIVISION:
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`CLASS REPRESENTATION
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`Defendant.
`---------------------------------------'
`CLASS ACTION COMPLAINT
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`Plaintiff, ROBYNE NEWELL similarly situated in Florida, by and through
`
`her undersigned counsel, hereby files this Class Action Complaint, against
`
`Defendant, PETSMART,
`
`INC.
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`(hereinafter referred
`
`to as "Petsmart" or
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`"Defendant"), and in support thereof alleges as follows:
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`I.
`
`1.
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`PARTIES, JURISDICTION AND VENUE
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`This is a class action for damages pursuant to Florida Rule of Civil
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`Procedure 1.220(b) in excess of Thirty Thousand Dollars ($30,000.00) exclusive
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`of interest, costs and attorney's fees.
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`2.
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`Plaintiff is an individual consumer over the age of eighteen, who
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`resides in Broward County Florida. Plaintiff seeks injunctive relief and damages
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`on behalf of Plaintiff and the Class, and respectfully requests a jury trial on
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`damage claims.
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`3.
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`Defendant is a foreign for-profit corporation, doing business in
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`Broward County, Florida.
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`***FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/28/2020 04:32:06 PM.****
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`
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`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 3 of 36
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`4.
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`Venue for this action properly lies in Broward County, Florida,
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`pursuant to the provisions of Section 47.051 , Fla. Stat. and Chapter 501.207 et
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`seq. Fla. Stat. because Defendant transacts business in Broward County, Florida
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`and the transactions out of which this action arose occurred in Broward County,
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`Florida.
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`5.
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`There is not federal jurisdiction of this Action under the Class Action
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`Fairness Act of 2005 ("CAFA"), Pub. L. No. 109-2, 119 Stat. 4 (2005), which
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`explicitly provides for the original jurisdiction of the Federal Courts of any class
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`action in which any member of the plaintiff class is a citizen of a state different
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`from any Defendant, and in which the matter in controversy exceeds in the
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`aggregate the sum of $5,000,000.00, exclusive of interest and costs. The issue
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`at hand does not exceed this requisite amount.
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`IV. FACTUAL ALLEGATIONS
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`6.
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`On or about April 23, 2020, Plaintiff purchased Only Natural Pet
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`Hemp Calming Support, listed as containing 60 Hemp Soft Chews (hereinafter
`
`also referred to as "Product"), from PETSMART located at 1700 N. Federal
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`Highway, Fort Lauderdale, Florida. A copy of the receipt is attached hereto as
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`Exhibit "A."
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`7.
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`The Product had not been altered between manufacture and point
`
`of sale. A photograph of the Product's packaging is attached hereto as composite
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`Exhibit "B."
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`Newell v. Petsmart, Inc.
`Class Action Complaint
`Page 2 of 18
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`
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`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 4 of 36
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`8.
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`The front of the Product's packaging states: "Powerful blend of
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`hemp seed, chamomile & magnesium" and that it contains "Soft Chews for
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`Dogs." See Exhibit "B."
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`9.
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`The back of the Product's packaging states:
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`•
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`"Hemp Seed Oil Balanced source of Omega 3 & 6 supports
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`healthy brain function."
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`•
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`"Chamomile & Lemon Balm Natural herbs effectively help to
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`relieve stress and anxiety."
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`•
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`"Theanine Promotes relaxation and balanced behavior without
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`drowsiness."
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`•
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`"Magnesium Supports the nervous system and promotes a
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`healthy response to stress. See Exhibit "B."
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`10.
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`The back of the packaging, provides dosage instructions based on
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`the weight of the dog and also states: "Use to manage stressful situations like vet
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`or groomer visits, road trips, thunderstorms and separation anxiety." See Exhibit
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`"B."
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`11.
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`The product
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`is also advertised on Defendant's website at:
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`https :/ /www. petsm art. com/ dog/denta 1-care-and -well ness/treatments/only-natural-
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`pet-hemp-calming-support-soft-dog-chews-5296089.html.
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`12.
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`Screenshots of Defendant's website advertising and marketing the
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`Product to consumers is attached hereto as composite Exhibit "C."
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`Newell v. Petsmart, Inc.
`Class Action Complaint
`Page 3 of 18
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`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 5 of 36
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`13. Defendant's website also advertises and represents that the
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`Product contains chews that "are used to manage stressful situations like vet or
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`groomer visits, road trips, thunderstorms and separation anxiety." See Ex. "C."
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`14. Defendant's website also advertises and represents that the
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`"Health Consideration" for which the Product is designed and intended for are
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`"Calming, Stress & Anxiety Relief." See Ex. "C."
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`15.
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`The Product's packaging, as well as Defendant's advertising and
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`marketing of the Product, makes clear that the Product's contents are intended to
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`treat, mitigate, or prevent disease and/or are intended to affect the structure or
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`any function of the body; specifically, to provide calming, stress and anxiety relief
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`to dogs.
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`16.
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`At all material times, Defendant, Petsmart, was a retailer selling,
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`marketing, and distributing the Product.
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`17.
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`The Product, according to
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`its explicit advertising, marketing,
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`labeling and packaging, is clearly intended mitigate, treat, or prevent disease in
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`animals, and therefore are drugs within the meaning of section 201 (g)(1 )(B) of
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`the FD&C Act, 21 U.S.C. 321 (g)(1 )(B).
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`18.
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`Additionally, the Product, according to its explicit advertising,
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`marketing, labeling and packaging, is a "new animal drugs" under section 201 (v)
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`of the FD&C Act, 21 U.S.C. 321 (v), because it is not the subject of a final FDA
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`regulation published through notice and comment rulemaking finding that the
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`drug has been generally recognized among experts qualified by scientific training
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`and experience to evaluate the safety and effectiveness of animal drugs, as safe
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`Newell v. Petsmart, Inc.
`Class Action Complaint
`Page 4 of 18
`
`
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`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 6 of 36
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`and effective for use under the conditions prescribed, recommended, or
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`suggested in the labeling.
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`19.
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`To be legally marketed, a new animal drug must have an approved
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`new animal drug application, conditionally approved new animal drug application,
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`or a listing on the Index of Legally Marketed Unapproved New Animal Drugs for
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`Minor Species ("index listing") under section 512, 571, or 572 of the FD&C Act
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`[21 U.S.C. § 360b, 360ccc, or 360ccc-1], respectively
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`20. New animal drugs that lack the required approval or index listing
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`are "unsafe" and "adulterated" under sections 512(a) and 501(a)(5) of the FD&C
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`Act [21 U.S.C. §§ 360b(a) and 351 (a)(5)]. Introduction of an adulterated animal
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`drug into interstate commerce is prohibited under section 301 (a) of the FD&C Act
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`[21 U.S.C. § 331 (a)].
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`21.
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`The Product is not approved by the FDA or indexed and therefore
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`the Product is considered unsafe under section 512(a) of the FD&C Act, 21
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`U.S.C. 360b(a), and adulterated under section 501 (a)(5) of the FD&C Act, 21
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`U.S.C. 351 (a)(5).
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`22.
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`The FDA has sent numerous warning
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`letters to companies
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`manufacturing, advertising and marketing products that are intended mitigate,
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`treat, or prevent disease in animals and/or "new animal drugs" Examples of some
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`of these warning letters can be viewed at: https://www.fda.gov/inspections-
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`compliance-enforcement-and-criminal-investigations/warning-letters/curaleaf-inc-
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`579289-07222019;
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`https :/ /www. fda. gov/inspections-compl iance-enforcement-
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`Newell v. Petsmart, Inc.
`Class Action Complaint
`Page 5 of 18
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`
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`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 7 of 36
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`and-criminal-investigations/warning-letters/dr-gs-marine-aquaculture-inc-606979-
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`04152020; and are also attached hereto as Exhibit "D."
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`23.
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`For these reasons, the Product is an unapproved new animal drug
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`and cannot lawfully be sold.
`
`24.
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`The
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`introduction or delivery
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`for
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`introduction
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`into
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`interstate
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`commerce of the Product, as a misbranded drug, violates section 301 (a) of the
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`FD&C Act, 21 U.S.C. 331 (a).
`
`25.
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`A Product that cannot lawfully be sold has no value. Debernardis v.
`
`IQ Formulations, LLC, D.C. Docket No. 1:17- cv -21562-DPG (11th Cir. Nov. 14,
`
`2019) (finding a claim under FDUTPA should survive a motion to dismiss where
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`the plaintiff purchased a product which was subject to an FDA warning letter to
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`the manufacturer that the product could not lawfully be sold).
`
`26. Defendant, in its respective role as a distributor, was aware of and
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`disregarded these laws when it advertised, marketed, and/or sole the Product at
`
`its stores.
`
`27. Defendant's actions of advertising, marketing, and/or selling an
`
`unapproved and/or misbranded new drug constitutes false and deceptive
`
`conduct.
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`28. Defendant did not disclose to consumers, including Plaintiff and
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`putative Class Members, that the Product could not lawfully be sold because it
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`was an unapproved new animal drug and/or because it was misbranded.
`
`Newell v. Petsmart, Inc.
`Class Action Complaint
`Page 6 of 18
`
`
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`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 8 of 36
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`29. When purchasing
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`the Product, consumers were misled
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`into
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`believing Defendant had complied with applicable laws and regulations and that
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`Defendant could lawfully sell the Product.
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`30. Defendants intended for Plaintiff and putative Class Members to be
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`misled.
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`31. Defendant's misleading and deceptive practices proximately
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`caused harm to Plaintiff and Class Members. Defendant has sold Products that
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`are unapproved and/or misbranded and are worthless because they could not be
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`lawfully sold to consumers.
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`32.
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`The Product's labeling, marketing, and advertising, as outlined and
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`explained above, contain representations which are misleading and deceptive
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`and that are likely to mislead a consumer acting reasonably in the circumstances
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`to her detriment by purchasing a Product the consumer would reasonably believe
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`was legally sold, approved, and properly branded in accordance with applicable
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`law and regulations.
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`33.
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`In reliance on the Product label, marketing, and advertising, as well
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`as Defendant's actions of offering the Product for sale, the Plaintiff, a consumer,
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`reasonably believed she was purchasing a Product that was could legally be
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`sold.
`
`34.
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`Plaintiff is aggrieved by the deceptively labeled and marketed
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`Product as she relied on the misleading and deceptive marketing and advertising
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`and she was deprived of the benefit of the bargain she reasonably anticipated
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`from the Product's marketing, advertising, and sale; specifically, she was
`
`Newell v. Petsmart, Inc.
`Class Action Complaint
`Page 7 of 18
`
`
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`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 9 of 36
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`deprived of the benefit she paid for a Product she reasonably believed was
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`legally sold and properly branded.
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`35. Reasonable consumers, such as the Plaintiff, will continue to be
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`aggrieved by the deceptive and misleading marketing, advertising, and sale of
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`the Product as reasonable consumers will continue to make the plausible
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`connection that they are purchasing a Product that can legally be sold and that is
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`properly branded.
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`36.
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`Defendant unlawfully marketed, advertised, sold, and/or distributed
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`the Product to Florida purchasers.
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`37.
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`Defendant's false and misleading representations and omissions
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`deceive Florida consumers for the reasons previously alleged, above.
`
`38.
`
`Plaintiff has performed all conditions precedent to bringing this
`
`Action.
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`39.
`
`As an immediate, direct, and proximate result of Defendant's false,
`
`misleading, and deceptive representations and conduct, Defendant injured
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`Plaintiff and the other Class members in that Plaintiff and other Class members:
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`a. paid a sum of money for the Products that was not as represented;
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`b. paid a premium price for the Products that was not as represented;
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`c. were deprived the benefit of the bargain because the Products they
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`purchased was different than what Defendant warranted;
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`d. were deprived the benefit of the bargain because the Products they
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`purchased had less value than what was represented by Defendant;
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`Newell v. Petsmart, Inc.
`Class Action Complaint
`Page 8 of 18
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`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 10 of 36
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`e. did not receive a Products that measured up to their expectations as
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`created by Defendant;
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`f. purchased a Product that was other than what was represented by
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`Defendant;
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`g. purchased a Product that Plaintiff and the other members of the Class
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`did not expect or consent to;
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`h. purchased a Product that was of a lower quality than what Defendant
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`promised;
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`i. were denied the benefit of knowing what they purchased.
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`40. Had Defendant not made the false, misleading, and deceptive
`
`representations and omissions, or engaged in false, misleading, and deceptive
`
`conduct, Plaintiff and
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`the other Class members would not have been
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`economically injured because Plaintiff and the other Class members would not
`
`have purchased the Product.
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`41.
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`Accordingly, Plaintiff and the other Class members have suffered
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`injury in fact and lost money or property as a result of Defendant's wrongful
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`conduct.
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`42.
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`Plaintiff and the other Class members did not obtain the full value of
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`the advertised Product due to Defendant's misrepresentations and omissions.
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`43.
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`Plaintiff and the other Class members purchased, purchased more
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`of, or paid more for the Product than they would have done had they known the
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`truth about the Product.
`
`Newell v. Petsmart, Inc.
`Class Action Complaint
`Page 9 of 18
`
`
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`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 11 of 36
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`ANTICIPATED DEFENSE
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`44.
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`In anticipation of a defense that may be raised by Defendant, and
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`only in response to that anticipated defense, Plaintiff pleads that in addition to
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`violating Florida consumer protection laws, the Product also fails to comply with
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`applicable federal law, as alleged previously.
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`V. CLASS ALLEGATIONS
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`45. Plaintiff re-alleges and incorporates by reference the allegations set
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`forth in each of the preceding paragraphs of this Class Action Complaint as if
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`fully set forth herein.
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`46.
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`Pursuant to Rule 1.220, Florida Rules of Civil Procedure, Plaintiff
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`brings this class action and seeks certification of the claims and certain issues in
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`this action on behalf of a Class defined as:
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`All persons throughout Florida, who, within the
`filing
`the original
`four years preceding the
`Complaint ("Class Period"), purchased one or
`more of the Product from Defendant ("Class")
`with a credit or debit account .
`
`47.
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`Excluded from the Class is Defendant, its subsidiaries, affiliates,
`
`and employees; all persons who make a timely election to be excluded from the
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`Class; governmental entities; and the Judge(s) to whom this case is assigned
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`and any immediate family members thereof.
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`48. Certification of Plaintiff's claims
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`for class-wide
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`treatment
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`is
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`appropriate because Plaintiff can prove the elements of Plaintiff's claims on a
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`class-wide basis using the same evidence as would be used to prove those
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`claims in individual actions alleging the same claims.
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`Newell v. Petsmart, Inc.
`Class Action Complaint
`Page 10 of 18
`
`
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`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 12 of 36
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`A. Numerosity
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`49.
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`The members of the Class are so numerous that individual joinder
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`of all class members is impracticable.
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`50.
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`The precise number of members of the Class is unknown to
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`Plaintiff, but it is clear that the number greatly exceeds the number that would
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`make
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`joinder practicable, particularly given Defendant's comprehensive
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`distribution and sales network throughout Florida.
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`51. Members of the Class may be notified of the pendency of this
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`action by recognized, Court-approved notice dissemination methods, which may
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`include U.S. Mail, electronic mail, Internet postings, and/or published notice.
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`B. Commonality and Predominance
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`52.
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`This action involves common questions of law or fact, which
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`predominate over any questions affecting individual members of the Class. All
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`members of the Class were exposed to Defendant's deceptive and misleading
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`advertising and marketing claims and omissions, and/or Defendant's deceptive
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`and misleading conduct, alleged herein.
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`53.
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`Furthermore, common questions of law or fact include:
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`a. whether Defendant engaged in the conduct as alleged herein;
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`b. whether Defendant's practices violate applicable law cited herein;
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`c. whether Plaintiff and the other members of the Class are entitled to
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`actual, statutory, or other forms of damages, and/or other monetary
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`relief; and
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`Newell v. Petsmart, Inc.
`Class Action Complaint
`Page 11 of 18
`
`
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`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 13 of 36
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`d. whether Plaintiff and the other members of the Class are entitled to
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`equitable relief, including but not limited to injunctive relief.
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`54. Defendant engaged
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`in a common course of conduct
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`in
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`contravention of the laws Plaintiff seeks to enforce individually, and on behalf of
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`the other members of the Class. Similar or identical statutory legal violations,
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`business practices, and injuries are involved. Individual questions, if any, pale by
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`comparison, in both quality and quantity, to the numerous common questions
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`that dominate this action. Moreover, the common questions will yield common
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`answers.
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`C. Typicality
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`55.
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`Plaintiff's claims are typical of the claims of the other members of
`
`the Class because, among other things, all members of the Class were
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`comparably injured through the same uniform misconduct described herein.
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`Further, there are no defenses available to Defendant that are unique to
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`Plaintiffs.
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`D. Adequacy of Representation
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`56. Plaintiff is an adequate representative of the members of the Class
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`because Plaintiff's interests do not conflict with the interests of the other
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`members of the Class that Plaintiff seeks to represent. Plaintiff has retained
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`counsel competent and experienced in complex class action litigation and
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`Plaintiff will prosecute this action vigorously. The Class' interests will be fairly
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`and adequately protected by Plaintiff and Plaintiff's counsel. Undersigned
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`counsel has represented consumers in a wide variety of actions where they have
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`Newell v. Petsmart, Inc.
`Class Action Complaint
`Page 12 of 18
`
`
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`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 14 of 36
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`sought to protect consumers from fraudulent and deceptive practices.
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`E. Declaratory and Injunctive Relief
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`57. Defendant has acted or refused to act on grounds generally
`
`applicable to Plaintiff and the other members of the Class, thereby making
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`appropriate final injunctive relief and declaratory relief, as described herein, with
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`respect to the members of the Class as a whole.
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`F. Superiority
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`58.
`
`A class action is superior to any other available means for the fair
`
`and efficient adjudication of this controversy, and no unusual difficulties are likely
`
`to be encountered in the management of this class action. The damages or
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`other financial detriment suffered by Plaintiff and the other members of the Class
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`are relatively small compared to the burden and expense that would be required
`
`to individually litigate their claims against Defendant, so it would be impracticable
`
`for members of the Class to individually seek redress for Defendant's wrongful
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`conduct. Even if the members of the Class could afford individual litigation, the
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`court system could not.
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`Individualized
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`litigation creates a potential
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`for
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`inconsistent or contradictory judgments, and increases the delay and expense to
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`all parties and the court system and thereby unnecessarily clogging of dockets.
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`59. By contrast,
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`the class action device presents
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`far
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`fewer
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`management difficulties and provides the benefits of single adjudication,
`
`economy of scale, and comprehensive supervision by a single court. Given the
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`similar nature of the members of the Class' claims and the absence of material or
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`dispositive differences in laws upon which the claims are based, the Class will be
`
`Newell v. Petsmart, Inc.
`Class Action Complaint
`Page 13 of 18
`
`
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`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 15 of 36
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`easily managed by the Court and the parties.
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`FIRST CAUSE OF ACTION:
`VIOLATION OF THE FLORIDA DECEPTIVE AND UNFAIR TRADE
`PRACTICES ACT, FLA. STAT.§ 501.201 et seq.
`
`60.
`
`Plaintiff re-alleges and incorporates by reference the allegations set
`
`forth in the preceding paragraphs of this Complaint as if fully set forth herein
`
`verbatim.
`
`61.
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`This cause of action is brought pursuant to the Florida Deceptive
`
`and Unfair Trade Practices Act, Sections 501.201 to 501.213, Florida Statutes.
`
`62.
`
`The express purpose of FDUTPA is to "protect the consuming
`
`public . .
`
`from those who engage in unfair methods of competition, or
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`unconscionable, deceptive, or unfair acts or practices in the conduct of any trade
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`or commerce." Section 501.202(2), Florida Statutes.
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`63. Section 501 .204(1 ), Florida Statutes declares as unlawful "unfair
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`methods of competition, unconscionable acts or practices, and unfair or
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`deceptive acts or practices in the conduct of any trade or commerce."
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`64.
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`The sale of the Product at issue in this cause was a "consumer
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`transaction" within the scope of FDUTPA.
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`65.
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`Plaintiff is a "consumer'' as defined by Section 501.203, Florida
`
`Statutes.
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`66.
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`The Product sold by Defendant is a good within the meaning of
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`FDUTPA and Defendant is engaged in trade or commerce within the meaning of
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`FDUTPA.
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`67.
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`For
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`the
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`reasons discussed herein, Defendant violated and
`
`Newell v. Petsmart, Inc.
`Class Action Complaint
`Page 14 of 18
`
`
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`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 16 of 36
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`continues to violate FDUTPA by engaging in unconscionable, deceptive, unfair
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`acts or practices proscribed by Section 501.201, Florida Statute, et. seq.
`
`68. Defendant's actions of misrepresenting and omitting material facts
`
`regarding the Product-that it could not lawfully be sold as it was an unapproved
`
`new animal drug and/or a misbranded drug-constitute unconscionable,
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`deceptive, or unfair acts or practices, and are immoral, unethical, oppressive,
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`and unscrupulous activities that are substantially injurious to consumers in
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`violation of FDUTPA. Defendant knew or should have known that the product
`
`could not be lawfully sold to consumers, and Defendant failed to disclose this
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`information to consumers.
`
`69. Plaintiff and putative Class Members suffered damages when they
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`purchased the Product, which could not lawfully be sold
`
`to consumers.
`
`Defendant's unconscionable, deceptive, and/or unfair practices caused actual
`
`damages to Plaintiff and putative Class Members who were unaware of this
`
`when they purchased the Product.
`
`70. Defendant's affirmative misrepresentations, omissions, actions, and
`
`practices described herein were likely to, and did in fact, deceive and mislead
`
`members of the public, including consumers acting reasonably under the
`
`circumstances, to their detriment.
`
`71. Consumers, including Plaintiff and putative Class Members, could
`
`not have purchased the Product had Defendant disclosed to them and the
`
`consuming public that the Product could not lawfully be sold to consumers
`
`because it was an unapproved new animal drug and because it was misbranded.
`
`Newell v. Petsmart, Inc.
`Class Action Complaint
`Page 15 of 18
`
`
`
`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 17 of 36
`
`72.
`
`As a direct and proximate result of the unconscionable, unfair, and
`
`deceptive acts or practices alleged herein, Plaintiff and putative Class Members
`
`have been damaged and are entitled to recover actual damages to the extent
`
`permitted by law, including class action rules, in an amount to be proven at trial.
`
`73. Plaintiff and Class Members have been aggrieved by Defendant's
`
`unfair and deceptive practices in violation of FDUTPA, in that they purchased
`
`Defendant's deceptively labeled, marketed, and advertised the Product.
`
`74. Reasonable consumers rely on Defendant to honestly market and
`
`advertise the Product to consumers by selling a Product that can legally be sold
`
`and that is properly branded.
`
`75. Defendant has deceived reasonable consumers, like Plaintiff and
`
`the Class, into believing the Product was something it was not; specifically that
`
`the Product could legally be sold and/or that it was properly branded.
`
`76.
`
`In addition, Plaintiff and the putative Class seeks equitable relief
`
`and injunctive relief against Defendant on terms that the Court considers
`
`reasonable, and reasonable attorneys' fees, litigation costs, and expenses.
`
`77. Plaintiff and the Class suffered damages and are entitled to
`
`injunctive relief.
`
`78.
`
`Pursuant to sections 501.211 (2) and 501 .2105, Florida Statutes,
`
`Plaintiff and the Class make claims for damages, attorney's fees and costs. The
`
`damages suffered by the Plaintiff and the Class were directly and proximately
`
`caused by the deceptive, misleading and unfair practices of Defendant.
`
`Additionally, pursuant to Section 501 .211 (1 ), Florida Statutes, Plaintiff and the
`
`Newell v. Petsmart, Inc.
`Class Action Complaint
`Page 16 of 18
`
`
`
`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 18 of 36
`
`Class seek injunctive relief for, inter alia, the Court to enjoin Defendant's above-
`
`described wrongful acts and practices, and for restitution and disgorgement.
`
`79.
`
`Plaintiff seeks all available remedies, damages, and awards as a
`
`result of Defendant violations of FDUTPA.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff, individually, and on behalf of all others similarly
`
`situated, prays for relief pursuant to each cause of action set forth in this
`
`Complaint as follows:
`
`i.
`
`For an order certifying that the action may be maintained as a class
`
`action, certifying Plaintiff as representative of the Class, and designating
`
`Plaintiff's attorneys Class counsel;
`
`ii.
`
`For an award of equitable relief for all causes of action as follows:
`
`a.
`
`Enjoining Defendant from continuing to engage, use, or
`
`employ any unfair and/or deceptive business acts or
`
`practices
`
`related
`
`to
`
`the design,
`
`testing, manufacture,
`
`assembly, development, marketing, advertising, or sale of
`
`the Products for the purpose of selling the Products in such
`
`manner as set forth in detail above, or from making any
`
`claims found to violate FDUTPA or the other causes of
`
`action as set forth above;
`
`b.
`
`Restoring all monies that may have been acquired by
`
`Defendant as a result of such unfair and/or deceptive act or
`
`practices; and
`
`Newell v. Petsmart, Inc.
`Class Action Complaint
`Page 17 of 18
`
`
`
`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 19 of 36
`
`iii.
`
`For actual damages in an amount to be determined at trial for all
`
`causes of action;
`
`For an award of attorney's fees and costs;
`
`For any other relief the Court might deem just, appropriate, or
`
`iv.
`
`v.
`
`proper; and
`
`vi.
`
`For an award of pre- and post-judgment interest on any amounts
`
`awarded.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff hereby demands trial by jury on all issues so triable.
`
`Submitted: April 28. 2020.
`
`By: /s/ Howard W. Rubinstein
`Howard W. Rubinstein, Esq.
`The Law Office of Howard W.
`Rubinstein
`1281 N. Ocean Dr. Apt. 198
`Singer Island, FL 33404
`Telephone: 832-715-2788
`Fax: 561-688-0630
`Email: howardr@pdq.net
`
`Newell v. Petsmart, Inc.
`Class Action Complaint
`Page 18 of 18
`
`
`
`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 20 of 36
`
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`Exhibit A 1 of 1
`
`
`
`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 21 of 36
`
`Exhibit B 1 of 2
`
`
`
`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 22 of 36
`
`Exhibit B 2 of 2
`
`
`
`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 23 of 36
`
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`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 24 of 36
`
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`Exhibit C 2 of 3
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`Case 0:20-cv-61059-AHS Document 1-3 Entered on FLSD Docket 05/29/2020 Page 25 of 36
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