Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 1 of 33
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`EXHIBIT B
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`EXHIBIT B
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`Case Number: CACE-20-006963 Division: 04
`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 2 of 33
`Filing # 106588988 E-Filed 04/22/2020 06:13 :11 PM
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`IN THE CIRCUIT COURT, SEVENTEENTH JUDICIAL CIRCUIT,
`IN AND FOR BROWARD COUNTY, FLORIDA
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`ASTORRIA SASSANO,
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`Plaintiff,
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`vs.
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`PETSMART, INC., a Foreign
`For -Profit Corporation
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`CASE NO.:
`DIVISION:
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`CLASS REPRESENTATION
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`Defendant.
`----------------------------------------------------------------~'
`CLASS ACTION COMPLAINT
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`Plaintiff, ASTORRIA SASSANO individually, and on behalf of all others similarly
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`situated in Florida, by and through her undersigned counsel, hereby files this Class
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`Action Complaint, against Defendant, PETSMART, INC. (hereinafter referred to as
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`"Petsmart" or "Defendant"), and in support thereof alleges as follows:
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`I.
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`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)
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`in excess of Thirty Thousand Dollars ($30,000.00) exclusive of
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`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 resides in
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`Broward County Florida. Plaintiff seeks injunctive relief and damages on behalf of
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`Plaintiff and the Class, and respectfully requests a jury trial on damage claims.
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`3.
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`Defendant is a foreign for-profit corporation, doing business in Broward
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`County, Florida.
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`4.
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`Venue for this action properly lies in Broward County, Florida, pursuant to
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`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/23/2020 09:54:54 AM.****
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`
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`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 3 of 33
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`the provisions of Section 47.051 , Fla. Stat. and Chapter 501 .207 et seq. Fla. Stat.
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`because Defendant transacts business in Broward County, Florida and the transactions
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`out of which this action arose occurred in Broward County, 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 explicitly
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`provides for the original jurisdiction of the Federal Courts of any class action in which
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`any member of the plaintiff class is a citizen of a state different from any Defendant, and
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`in which the matter in controversy exceeds in the aggregate the sum of $5,000,000.00,
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`exclusive of interest and costs. The issue at hand does not exceed this requisite
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`amount.
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`IV. FACTUAL ALLEGATIONS
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`6.
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`On or about April 19, 2020, Plaintiff purchased Only Natural Pet Hemp
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`Seed Oil with Krill and Cod Liver 8.0 FL OZ/237 ML bottle (hereinafter also referred to
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`as "Product"), from PETSMART located at 1700 N. Federal Highway, Fort Lauderdale,
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`Florida. A copy of the receipt is attached hereto as Exhibit "A."
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`7.
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`The Product had not been altered between manufacture and point of sale.
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`A photograph of the Product's packaging is attached hereto as composite Exhibit "B."
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`8.
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`The back of the Product's packaging states "Only Natural Pet Hemp Seed
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`Oil with Krill & Cod Liver provides a concentrated source of Omega 3 & 6's to support
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`the immune system, cardiovascular health and vitality. Hemp seed is packed with
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`phytonutrients and antioxidants while krill & cod liver oil delivers a healthy dose of
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`phospholipids and astaxanthin, all which work together to support overall health
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`and wellness." See Exhibit "B."
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`Astorria Sassano v. Petsmart, Inc.
`Class Action Complaint
`Page 2 of 16
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`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 4 of 33
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`9.
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`The product
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`is also advertised on Defendant's website at:
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`https :/ /www. petsmart. com/ dog/ dental-care-and-well ness/vitam ins-and-
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`supplements/only-natural-pet-hemp-seed-dog-oil-immunity-skin-and-coat-support---krill-
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`and-cod-liver-57057.html.
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`10. 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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`11 . Defendant's website also advertises and represents that the Product
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`"[h]elps support a healthy inflammatory response and immune system" and also [h]elps
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`support cardiovascular health, healthy brain development & function." See Ex. "C."
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`12. Defendant's website also advertises and represents that the "Health
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`Consideration" for which the Product is designed and intended for are "Immune
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`system, Skin & Coat." See Ex. "C."
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`13.
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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 treat,
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`mitigate, or prevent disease and/or are intended to affect the structure or any function
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`of the body; specifically, to support the immune system, cardiovascular system, and
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`brain development or function.
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`14. At all material times, Defendant, Petsmart, was a retailer selling,
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`marketing, and distributing the Product.
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`15.
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`The Product, according to its explicit advertising, marketing, labeling and
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`packaging, is clearly intended mitigate, treat, or prevent disease in animals, and
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`therefore are drugs within the meaning of section 201 (g)(1 )(B) of the FD&C Act, 21
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`U.S.C. 321 (g)(1 )(B).
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`Astorria Sassano v. Petsmart, Inc.
`Class Action Complaint
`Page 3 of 16
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`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 5 of 33
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`16. Additionally, the Product, according to its explicit advertising, marketing,
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`labeling and packaging, is a "new animal drugs" under section 201 (v) of the FD&C Act,
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`21 U.S.C. 321 (v), because it
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`is not the subject of a final FDA regulation published
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`through notice and comment rulemaking finding that the drug has been generally
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`recognized among experts qualified by scientific training and experience to evaluate the
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`safety and effectiveness of animal drugs, as safe and effective for use under the
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`conditions prescribed, recommended, or suggested in the labeling.
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`17.
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`To be legally marketed, a new animal drug must have an approved new
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`animal drug application, conditionally approved new animal drug application, or a listing
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`on the Index of Legally Marketed Unapproved New Animal Drugs for Minor Species
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`("index listing") under section 512, 571, or 572 of the FD&C Act [21 U.S.C. § 360b,
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`360ccc, or 360ccc-1 ], respectively
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`18. New animal drugs that lack the required approval or index listing are
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`"unsafe" and "adulterated" under sections 512(a) and 501 (a)(5) of the FD&C Act [21
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`U.S.C. §§ 360b(a) and 351 (a)(5)]. Introduction of an adulterated animal drug into
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`interstate commerce is prohibited under section 301 (a) of the FD&C Act [21 U.S.C. §
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`331 (a)].
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`19.
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`The Product is not approved by the FDA or indexed and therefore the
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`Product is considered unsafe under section 512(a) of the FD&C Act, 21 U.S.C. 360b(a),
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`and adulterated under section 501 (a)(5) of the FD&C Act, 21 U.S.C. 351 (a)(5).
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`20.
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`The FDA has sent numerous warning letters to companies manufacturing,
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`advertising and marketing products that are intended mitigate, treat, or prevent disease
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`in animals and/or "new animal drugs" Examples of some of these warning letters can be
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`Astorria Sassano v. Petsmart, Inc.
`Class Action Complaint
`Page4 of 16
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`
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`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 6 of 33
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`viewed
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`at:
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`https:/ /www. fda .gov/inspections-compl iance-enforcement -and-crimina I-
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`investigations/warning-letters/curaleaf-inc-579289-072220 19;
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`https :/ /www. fda. gov/inspections-compl iance-enforcement -and-crimina I-
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`investigations/warning-letters/dr-gs-marine-aquaculture-inc-606979-04152020; and are
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`also attached hereto as Exhibit "D."
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`21.
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`For these reasons, the Product is an unapproved new animal drug and
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`cannot lawfully be sold .
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`22.
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`The introduction or delivery for introduction into interstate commerce of the
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`Product, as a misbranded drug, violates section 301 (a) of the FD&C Act, 21 U.S.C.
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`331 (a).
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`23. A Product that cannot lawfully be sold has no value. Debernardis v. IQ
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`Formulations, LLC, D.C. Docket No. 1:17- cv -21562-DPG (11th Cir. Nov. 14, 2019)
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`(finding a claim under FDUTPA should survive a motion to dismiss where the plaintiff
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`purchased a product which was subject to an FDA warning letter to the manufacturer
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`that the product could not lawfully be sold).
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`24. 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
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`stores.
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`25. Defendant's actions of advertising, marketing, and/or selling an
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`unapproved and/or misbranded new drug constitutes false and deceptive conduct.
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`26. Defendant did not disclose to consumers, including Plaintiff and putative
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`Class Members, that the Product could not lawfully be sold because it was an
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`unapproved new animal drug and/or because it was misbranded.
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`Astorria Sassano v. Petsmart, Inc.
`Class Action Complaint
`Page 5 of 16
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`
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`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 7 of 33
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`27. When purchasing the Product, consumers were misled into believing
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`Defendant had complied with applicable laws and regulations and that Defendant could
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`lawfully sell the Product.
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`28. Defendants intended for Plaintiff and putative Class Members to be
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`misled.
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`29. Defendant's misleading and deceptive practices proximately caused harm
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`to Plaintiff and Class Members. Defendant has sold Products that are unapproved
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`and/or misbranded and are worthless because they could not be lawfully sold to
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`consumers.
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`30.
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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 and that
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`are likely to mislead a consumer acting reasonably in the circumstances to her
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`detriment by purchasing a Product the consumer would reasonably believe was legally
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`sold, approved, and properly branded
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`in accordance with applicable
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`law and
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`regulations.
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`31 .
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`In reliance on the Product label, marketing, and advertising, as well as
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`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 sold.
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`32. Plaintiff is aggrieved by the deceptively labeled and marketed Product as
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`she relied on the misleading and deceptive marketing and advertising and she was
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`deprived of the benefit of the bargain she reasonably anticipated from the Product's
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`marketing, advertising, and sale; specifically, she was deprived of the benefit she paid
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`for a Product she reasonably believed was legally sold and properly branded .
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`Astorria Sassano v. Petsmart, Inc.
`Class Action Complaint
`Page 6 of 16
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`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 8 of 33
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`33. Reasonable consumers, such as the Plaintiff, will continue to be aggrieved
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`by the deceptive and misleading marketing, advertising, and sale of the Product as
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`reasonable consumers will continue to make the plausible connection that they are
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`purchasing a Product that can legally be sold and that is properly branded.
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`34.
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`Defendant unlawfully marketed, advertised, sold, and/or distributed the
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`Product to Florida purchasers.
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`35.
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`Defendant's false and misleading representations and omissions deceive
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`Florida consumers for the reasons previously alleged, above.
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`36. Plaintiff has performed all conditions precedent to bringing this Action.
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`37.
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`As an immediate, direct, and proximate result of Defendant's false,
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`misleading, and deceptive representations and conduct, Defendant injured Plaintiff and
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`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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`e. did not receive a Products that measured up to their expectations as created
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`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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`Astorria Sassano v. Petsmart, Inc.
`Class Action Complaint
`Page 7 of 16
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`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 9 of 33
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`g. purchased a Product that Plaintiff and the other members of the Class did not
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`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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`38. Had Defendant not made
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`the
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`false, misleading, and deceptive
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`representations and omissions, or engaged in false, misleading, and deceptive conduct,
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`Plaintiff and the other Class members would not have been economically injured
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`because Plaintiff and the other Class members would not have purchased the Product.
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`39.
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`Accordingly, Plaintiff and the other Class members have suffered injury in
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`fact and lost money or property as a result of Defendant's wrongful conduct.
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`40.
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`Plaintiff and the other Class members did not obtain the full value of the
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`advertised Product due to Defendant's misrepresentations and omissions.
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`41.
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`Plaintiff and the other Class members purchased, purchased more of, or
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`paid more for the Product than they would have done had they known the truth about
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`the Product.
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`ANTICIPATED DEFENSE
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`42.
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`In anticipation of a defense that may be raised by Defendant, and only in
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`response to that anticipated defense, Plaintiff pleads that in addition to violating Florida
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`consumer protection laws, the Product also fails to comply with applicable federal law,
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`as alleged previously.
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`V. CLASS ALLEGATIONS
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`43. Plaintiff re-alleges and incorporates by reference the allegations set forth
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`Astorria Sassano v. Petsmart, Inc.
`Class Action Complaint
`Page 8 of 16
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`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 10 of 33
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`in each of the preceding paragraphs of this Class Action Complaint as if fully set forth
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`herein.
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`44. Pursuant to Rule 1.220, Florida Rules of Civil Procedure, Plaintiff brings
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`this class action and seeks certification of the claims and certain issues in this action on
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`behalf of a Class defined as:
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`All persons throughout Florida, who, within the four
`years preceding the filing the original Complaint ("Class
`Period"), purchased one or more of the Product from
`Defendant ("Class") with a credit or debit account.
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`45. Excluded from the Class is Defendant, its subsidiaries, affiliates, and
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`employees; all persons who make a timely election to be excluded from the Class;
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`governmental entities; and the Judge(s) to whom this case is assigned and any
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`immediate family members thereof.
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`46. Certification of Plaintiff's claims for class-wide treatment is appropriate
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`because Plaintiff can prove the elements of Plaintiff's claims on a class-wide basis using
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`the same evidence as would be used to prove those claims in individual actions alleging
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`the same claims.
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`A. Numerosity
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`47.
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`The members of the Class are so numerous that individual joinder of all
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`class members is impracticable.
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`48.
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`The precise number of members of the Class is unknown to Plaintiff, but it
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`is clear that the number greatly exceeds the number that would make joinder
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`practicable, particularly given Defendant's comprehensive distribution and sales
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`network throughout Florida.
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`49. Members of the Class may be notified of the pendency of this action by
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`Astorria Sassano v. Petsmart, Inc.
`Class Action Complaint
`Page 9 of 16
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`
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`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 11 of 33
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`recognized, Court-approved notice dissemination methods, which may include U.S.
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`Mail, electronic mail, Internet postings, and/or published notice.
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`B. Commonality and Predominance
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`50.
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`This action involves common questions of law or fact, which predominate
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`over any questions affecting individual members of the Class. All members of the Class
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`were exposed to Defendant's deceptive and misleading advertising and marketing
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`claims and omissions, and/or Defendant's deceptive and misleading conduct, alleged
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`herein.
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`51 .
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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 actual,
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`statutory, or other forms of damages, and/or other monetary relief; and
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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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`52. Defendant engaged in a common course of conduct in contravention of
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`the laws Plaintiff seeks to enforce individually, and on behalf of the other members of
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`the Class. Similar or identical statutory legal violations, business practices, and injuries
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`are involved. Individual questions, if any, pale by comparison, in both quality and
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`quantity, to the numerous common questions that dominate this action. Moreover, the
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`common questions will yield common answers.
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`C. Typicality
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`53. Plaintiff's claims are typical of the claims of the other members of the
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`Astorria Sassano v. Petsmart, Inc.
`Class Action Complaint
`Page 10 of 16
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`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 12 of 33
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`Class because, among other things, all members of the Class were comparably injured
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`through the same uniform misconduct described herein. Further, there are no defenses
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`available to Defendant that are unique to Plaintiffs.
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`D. Adequacy of Representation
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`54. 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 members of the
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`Class that Plaintiff seeks to represent. Plaintiff has retained counsel competent and
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`experienced in complex class action litigation and Plaintiff will prosecute this action
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`vigorously. The Class' interests will be fairly and adequately protected by Plaintiff and
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`Plaintiff's counsel. Undersigned counsel has represented consumers in a wide variety of
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`actions where they have sought to protect consumers from fraudulent and deceptive
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`practices.
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`E. Declaratory and Injunctive Relief
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`55. Defendant has acted or refused to act on grounds generally applicable to
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`Plaintiff and the other members of the Class, thereby making appropriate final injunctive
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`relief and declaratory relief, as described herein, with respect to the members of the
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`Class as a whole.
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`F. Superiority
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`56. A class action is superior to any other available means for the fair and
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`efficient adjudication of this controversy, and no unusual difficulties are likely to be
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`encountered in the management of this class action. The damages or other financial
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`detriment suffered by Plaintiff and the other members of the Class are relatively small
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`compared to the burden and expense that would be required to individually litigate their
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`Astorria Sassano v. Petsmart, Inc.
`Class Action Complaint
`Page 11 of 16
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`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 13 of 33
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`claims against Defendant, so it would be impracticable for members of the Class to
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`individually seek redress for Defendant's wrongful conduct. Even if the members of the
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`Class could afford individual litigation, the court system could not. Individualized
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`litigation creates a potential for inconsistent or contradictory judgments, and increases
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`the delay and expense to all parties and the court system and thereby unnecessarily
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`clogging of dockets.
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`57. By contrast, the class action device presents far fewer management
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`difficulties and provides the benefits of single adjudication, economy of scale, and
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`comprehensive supervision by a single court. Given the similar nature of the members
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`of the Class' claims and the absence of material or dispositive differences in laws upon
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`which the claims are based, the Class will be easily managed by the Court and the
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`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.
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`58. Plaintiff re-alleges and incorporates by reference the allegations set forth
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`in the preceding paragraphs of this Complaint as if fully set forth herein verbatim.
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`59.
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`This cause of action is brought pursuant to the Florida Deceptive and
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`Unfair Trade Practices Act, Sections 501.201 to 501.213, Florida Statutes.
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`60.
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`The express purpose of FDUTPA is to "protect the consuming public . . .
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`from those who engage in unfair methods of competition, or unconscionable, deceptive,
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`or unfair acts or practices in the conduct of any trade or commerce." Section
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`501 .202(2), Florida Statutes.
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`61 . Section 501.204(1 ), Florida Statutes declares as unlawful "unfair methods
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`Astorria Sassano v. Petsmart, Inc.
`Class Action Complaint
`Page 12 of 16
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`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 14 of 33
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`of competition, unconscionable acts or practices, and unfair or deceptive acts or
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`practices in the conduct of any trade or commerce."
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`62.
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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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`63. Plaintiff is a "consumer" as defined by Section 501 .203, Florida Statutes.
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`64.
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`The Product sold by Defendant is a good within the meaning of FDUTPA
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`and Defendant is engaged in trade or commerce within the meaning of FDUTPA.
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`65.
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`For the reasons discussed herein, Defendant violated and continues to
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`violate FDUTPA by engaging in unconscionable, deceptive, unfair acts or practices
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`proscribed by Section 501 .201, Florida Statute, et. seq.
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`66. Defendant's actions of misrepresenting and omitting material
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`facts
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`regarding the Product-that it could not lawfully be sold as it was an unapproved new
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`animal drug and/or a misbranded drug-constitute unconscionable, deceptive, or unfair
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`acts or practices, and are immoral, unethical, oppressive, and unscrupulous activities
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`that are substantially injurious to consumers in violation of FDUTPA. Defendant knew
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`or should have known that the product could not be lawfully sold to consumers, and
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`Defendant failed to disclose this information to consumers.
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`67.
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`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
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`unconscionable, deceptive, and/or unfair practices caused actual damages to Plaintiff
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`and putative Class Members who were unaware of this when they purchased the
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`Product.
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`68. Defendant's affirmative misrepresentations, omissions, actions, and
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`Astorria Sassano v. Petsmart, Inc.
`Class Action Complaint
`Page 13 of 16
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`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 15 of 33
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`practices described herein were likely to, and did in fact, deceive and mislead members
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`of the public, including consumers acting reasonably under the circumstances, to their
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`detriment.
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`69. Consumers, including Plaintiff and putative Class Members, could not
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`have purchased the Product had Defendant disclosed to them and the consuming
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`public that the Product could not lawfully be sold to consumers because it was an
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`unapproved new animal drug and because it was misbranded.
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`70.
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`As a direct and proximate result of the unconscionable, unfair, and
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`deceptive acts or practices alleged herein, Plaintiff and putative Class Members have
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`been damaged and are entitled to recover actual damages to the extent permitted by
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`law, including class action rules, in an amount to be proven at trial.
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`71.
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`Plaintiff and Class Members have been aggrieved by Defendant's unfair
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`and deceptive practices in violation of FDUTPA, in that they purchased Defendant's
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`deceptively labeled, marketed, and advertised the Product.
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`72. Reasonable consumers rely on Defendant to honestly market and
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`advertise the Product to consumers by selling a Product that can legally be sold and
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`that is properly branded .
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`73. Defendant has deceived reasonable consumers, like Plaintiff and the
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`Class, into believing the Product was something it was not; specifically that the Product
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`could legally be sold and/or that it was properly branded.
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`74.
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`In addition, Plaintiff and the putative Class seeks equitable relief and
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`injunctive relief against Defendant on terms that the Court considers reasonable, and
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`reasonable attorneys' fees, litigation costs, and expenses.
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`Astorria Sassano v. Petsmart, Inc.
`Class Action Complaint
`Page 14 of 16
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`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 16 of 33
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`75. Plaintiff and the Class suffered damages and are entitled to injunctive
`
`relief.
`
`76. 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 Class seek injunctive relief for,
`
`inter alia, the Court to enjoin Defendant's above-described wrongful acts and practices,
`
`and for restitution and disgorgement.
`
`77.
`
`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
`
`Astorria Sassano v. Petsmart, Inc.
`Class Action Complaint
`Page 15 of 16
`
`
`
`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 17 of 33
`
`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
`
`iii.
`
`For actual damages in an amount to be determined at trial for all causes of
`
`action;
`
`iv.
`
`v.
`
`vi.
`
`For an award of attorney's fees and costs;
`
`For any other relief the Court might deem just, appropriate, or proper; and
`
`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 22, 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
`
`Astorria Sassano v. Petsmart, Inc.
`Class Action Complaint
`Page 16 of 16
`
`
`
`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 18 of 33
`
`
`
`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 19 of 33
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`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 21 of 33
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`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 22 of 33
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`Item #5296082
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`Earn Treats on this purchase! Sign Up
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`919 Lakeland Park Center Dr Unit 380
`863-279-3923
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`
`Case 0:20-cv-61062-RKA Document 1-3 Entered on FLSD Docket 05/29/2020 Page 23 of 33
`
`WARNING LETTER
`Curaleaf, Inc
`MARCS-CMS 579289 -JULY 22, 2019
`
`Delivery Method:
`Via Overnight Delivery
`
`Product:
`Animal & Veterinary
`
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