Welcome to the settlement website for the Novak v. Bioscience Laboratories, Inc. class action lawsuit.
NOTICE OF CLASS ACTION SETTLEMENT
AUTHORIZED BY THE LOS ANGELES COUNTY SUPERIOR COURT
You Are NOT Being Sued. THIS IS NOT A LAWSUIT AGAINST YOU.
YOU MAY BE ENTITLED TO RECEIVE THE BENEFITS OF A CLASS ACTION SETTLEMENT IF YOU PURCHASED A MIA 1, MIA 2, MIA 3/ARIA, PRO, OR PLUS MODEL OF CLARISONIC SKIN BRUSH (THE “BRUSHES”)
BETWEEN JANUARY 1, 2009, AND DECEMBER 31, 2016.
This notice has been approved by the Court and is not a solicitation from a lawyer. Please read this notice carefully, as your legal rights will be affected whether or not you act.
A Court authorized this notice because you may have a right to know about the Settlement of this class action lawsuit. You have this right if you are a member of the Settlement Class, defined in Question 5, below. This Notice explains the lawsuit, the Settlement, and your legal rights. The Settlement extends the original manufacturer’s warranty coverage for Battery Failure. The Court in charge of this case has approved the Settlement. If you are a Settlement Class Member, you have received an extension of the manufacturer’s warranty covering Battery Failure. (Capitalized terms used herein have the same meaning ascribed to them in the Settlement Agreement, which can be viewed on this website.)
In a class action, one or more people called class representatives sue on behalf of a group or a “class” of people who have similar claims. The Class Representative or Plaintiff in this lawsuit is Ashley Novak. In a class action, the court resolves the issues for all class members, except for those who excluded themselves from the class.
Plaintiff’s Position: This lawsuit alleges that certain Clarisonic skin Brushes, specifically the Mia 1, Mia 2, Mia 3/Aria Pro and Plus models, possess a defect which leads to failure of the battery. The lawsuit claims that the Defendants breached their express and implied warranties with members of the Class, violated California consumer protection laws, and violated the Magnuson-Moss Warranty Act.
Defendants’ Position: Defendants vigorously dispute these allegations, and deny that there is any defect in the Brushes, deny that they have breached their warranties with any customer or violated any law, and deny that a class of purchasers could bring common claims that would entitle them to pursue or receive relief as a class.
The Court has not decided whether Plaintiff or Defendants should win this case.
Plaintiff and Defendants recognize that continued litigation is expensive, risky, and time-consuming. Plaintiff recognizes that any relief that could come to Class Members from this lawsuit could take many years to be awarded, if it is ever awarded. And Defendants recognize that a costly lawsuit would divert resources from running their businesses and maintaining the companies’ commitment to customer service. Therefore, Plaintiff and her attorneys have concluded that settlement is in the best interests of the Class because it provides a recovery now while avoiding the risk, expense, uncertainty, and delay of pursuing the case through a lengthy trial and any appeals. Defendants have decided to settle the case to avoid the further risk, cost, and other burdens of protracted litigation and appeals. The Court has reviewed the Settlement, determined it to be fair to members of the Settlement Class, and granted final approval to the Settlement.
ARE YOU A SETTLEMENT CLASS MEMBER?
You are included in this Settlement if you are an end-user in the United States who purchased or received as a gift an authentic Clarisonic sonic skin cleansing device consisting of a Clarisonic Mia 1, Mia 2, Mia 3/Aria, Pro, or Plus model skin brush (the “Brushes”) purchased in the period of January 1, 2009, to December 31, 2016 (the “Class Period”). Excluded from the proposed Settlement Class are (i) any person or entity who has released claims relating to or arising out of purchase, receipt, or use of the Brushes; (ii) any person or entity who has purchased or acquired Brushes for resale; (iii) Defendants and any parent, subsidiary, affiliate, officer, director, or current or former employee; and (iv) any judicial officer to whom the Action is assigned, as well as the judicial officer’s immediate family members. Settlement Class Members include all persons who are members of the Settlement Class, as defined above, who did not opt-out of the Settlement in a timely and correct manner.
WHAT WILL YOU GET FROM THE SETTLEMENT?
If you are a Settlement Class Member:
You do not need to do anything in order to qualify for the benefits described above. The Warranty Extension will automatically apply.
The Court granted final approval to the Settlement on May 29, 2019. The Settlement and warranty Extension will become effective July 29, 2019.
The Effective Date of this Settlement is defined as the first business day after the occurrence of all of the following conditions: (i) the Court has preliminarily approved the Settlement and entered the Preliminary Approval Order; (ii) the Court has granted final approval to the Settlement and entered the Final Order and Judgment; and (iii) the time to appeal the Final Order and Judgment has expired without any such appeal having been timely filed, or, if appealed, the Final Order and Judgment has been affirmed on appeal in all material respects, subject to no further right of review. The Effective Date will be July 29, 2019.
The Warranty Extension will not take effect until the Effective Date of July 29, 2019. The Warranty Extension will cover Battery Failure only. It will not cover Brush failures due to dropping/breakage, water intrusion, or other failure modes. Settlement Class Members whose Mia 1, Mia 2, Mia 3/Aria, Pro, or Plus models of Clarisonic Brushes exhibit Battery Failure during their devices’ Warranty Extension periods will begin the process of submitting a warranty claim by calling Defendants’ warranty/customer service representatives at 1-855-745-1223. Following an initial telephonic screening, Settlement Class Members will be required to return the Brush to Defendants (with return shipping paid by Defendants), along with the original purchase receipt for the Brush or a statement sworn under penalty of perjury that he or she purchased the Brush during the Class Period, as well as a claim form that specifies the retailer from which he or she purchased the Brush (if known). Upon determining that an otherwise eligible Brush returned to Defendants in this proposed Settlement suffered Battery Failure, Defendants will repair or replace it, at their option. Brushes found not to suffer Battery Failure will not be returned. It will take Defendants a reasonable amount of time to process claims and to repair or replace any Brushes corresponding to valid claims under this Settlement. Please be patient.
WHO ARE MY ATTORNEYS?
The Court has appointed the following attorneys and law firms to represent the Settlement Class as legal counsel:
One Penn Plaza, 19th Floor
New York, NY 10119
Telephone: (212) 594-5300
Robert I. Lax
380 Lexington Avenue, 31st Floor
New York, NY 10168
Telephone: (212) 818-9150
Joseph J.M. Lange
JOSEPH J.M. LANGE LAW CORPORATION
222 North Pacific Coast Highway, Suite 2000
El Segundo, CA 90245
Telephone: (310) 414-1880
When the attorneys representing the Settlement Class (called “Class Counsel”) asked the Court to approve the Settlement, they also applied to the Court for an award of attorneys’ fees and reimbursement of expenses in the aggregate amount of $750,000, which the Court approved. Since beginning work on this litigation in August 2014, Class Counsel have pursued the case on behalf of class members purely on a contingent basis and received no compensation for their services or reimbursement of their expenses. Class Counsel were awarded the attorneys’ fee award to compensate them for time and expenses incurred. Class Counsel also asked the Court to approve an incentive award to the Class Representative, Ashley Novak, in the amount of $1,000, for her initiative and efforts pursuing this case on behalf of the Settlement Class, which included consulting with attorneys since the inception of the case. The Court approved the incentive award. The awards for attorneys’ fees, reimbursement of expenses, and the incentive award approved by the Court will not reduce the benefits available to Settlement Class
Members of the Settlement Class receive the Warranty Extension’s coverage for Battery Failure, and are bound by the Court’s orders in this case, including the final judgment, which dismissed all claims asserted on behalf of the Settlement Class and ordered the parties to implement the Settlement. Members of the Settlement Class gave up any right to pursue, continue to pursue, or participate in any other lawsuit against Defendants or their affiliates for defects in the Brushes, or any misrepresentations made in connection with their sale. These include all “Released Claims” (as defined below) against the “Released Persons” (as defined below).
“Released Claims” means any and all actions, causes of action, claims, demands, liabilities, obligations, fees, costs, sanctions, proceedings, losses or damages of any kind, and/or rights of any nature and description whatsoever, including, without limitation, violations of any state or federal statutes, rules or regulations, or principles of common law, whether liquidated or unliquidated, known or unknown, in law or in equity, whether or not concealed or hidden, based upon, arising out of or related to, in whole or in part, the initiation, prosecution, or settlement of this lawsuit, including but not limited to (1) any of the alleged inadequacies, misstatements, or issues associated with the Brushes, their performance, or the Battery Failure; (2) any act, omission, or other conduct alleged or referred to in the lawsuit; and (3) any act, omission, or other conduct that could have been alleged, referred to, or asserted in the lawsuit by any Plaintiff or any Settlement Class Member “which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.” (California Code of Civil Procedure 426.10(c), definition of “Related cause of action”). Excluded from Released Claims are any claims for personal injuries or damage to property other than the Brushes.
“Released Persons” means (i) Pacific Bioscience Laboratories, Inc., and Pacific Bioscience Laboratories Products, Inc.; (ii) present and former subsidiaries, parents, affiliates, successors, and predecessors of the foregoing entities, including, without limitation, Pacific Bioscience Laboratories, Inc., and Pacific Bioscience Laboratories Products, Inc.; (iii) all Persons on whose behalf any of the foregoing entities acted or purported to act; and (iv) for each of the foregoing Persons and entities, each of their present or former officers, directors, shareholders, employees, representatives, agents, principals, consultants, contractors, insurers, accountants, attorneys, partners, members, administrators, legatees, executors, heirs, estates, parents, subsidiaries, affiliates, predecessors-in-interest, joint venturers, trusts, trustors, trustees, beneficiaries, successors in interest, assigns, or any other Person with whom any of them is affiliated or for whom any of them is responsible at law, in equity, or otherwise.
The opt out deadline to request exclusion from the class and Settlement already expired in March 2019.
This lawsuit is pending before the Honorable Judge Ann I. Jones of the Los Angeles County Superior Court of the State of California. On May 17, 2019, at 10:00 a.m., the Court held a Hearing on the fairness of the Settlement and whether it should be approved. The Court approved the Settlement on May 29, 2019.
If you are a Settlement Class Member and do nothing at all, you will receive the Warranty Extension as described above. You will still be a part of the class, and your legal claims will be released as described above, and you will not be able to file your own lawsuit.
How do I get more information?
For more information, you may wish to review the Settlement Agreement and other documents available for viewing on this website. All pleadings and papers filed in the lawsuit are available for inspection and copying through the office of the Clerk of the Court.
If you would like more information, you may also contact Class Counsel by contacting them at the addresses and telephone numbers listed above.
ANY QUESTIONS YOU MAY HAVE REGARDING THIS NOTICE, THIS LAWSUIT, OR THE SETTLEMENT SHOULD BE DIRECTED IN WRITING TO CLASS COUNSEL AT THE ADDRESSES LISTED ABOVE.
PLEASE DO NOT CONTACT THE COURT WITH QUESTIONS ABOUT THE SETTLEMENT.
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