Welcome to the settlement website for the Novak v. Bioscience Laboratories, Inc. class action lawsuit. This site provides links to documents relating to the settlement, as well as deadlines for exercising your options.
NOTICE OF PROPOSED 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.
If you are a Settlement Class Member, your legal rights and options are as follows:
LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
Receive an extension of the manufacturer’s warranty covering Battery Failure if the Settlement is approved by the Court. You will be included in the Settlement and give up your right to file a separate lawsuit.
EXCLUDE YOURSELF (OPT OUT) BY MARCH 28, 2019
Write to the Settlement Administrator to get out (opt out) of the proposed Settlement. You will not be entitled to receive any benefits from the Settlement, but this is the only option that allows you to bring your own lawsuit about the issues being settled in this case.
COMMENT ON THE SETTLEMENT BY MARCH 28, 2019
Write to the Court explaining why you support or oppose the proposed Settlement.
GO TO THE HEARING ON MAY 17, 2019
Provide written notice to the Court that you would like to attend the Hearing about the fairness of the Settlement, or you would like to have your own lawyer appear and speak at the hearing on your behalf. You or your lawyer may then speak in Court about your opinion of the Settlement.
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 exclude 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.
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 do 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 and the Settlement is Approved:
You do not need to do anything in order to qualify for the benefits described above. The Warranty Extension will automatically apply.
The Court will hold a hearing on May 17, 2019, to decide whether to approve the Settlement. There could be appeals, and if so, it is always uncertain how much time they can take to resolve. Please be patient.
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. This website will display information about the Effective Date and will be updated to show the Effective Date.
The Warranty Extension will not take effect until the Effective Date. 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’ proposed 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. Defendants will not repair or replace any Brushes under this proposed Settlement unless and until the Settlement is approved and the Settlement Effective Date has passed. 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”) ask the Court to approve the Settlement, they will also apply to the Court for an award of attorneys’ fees and reimbursement of expenses in the aggregate amount of $750,000. 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 are requesting the attorneys’ fee award to compensate them for time and expenses incurred. Class Counsel will also ask 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. Any awards for attorneys’ fees, reimbursement of expenses, or an incentive award approved by the Court will not reduce the benefits available to Settlement Class.
WHAT ARE MY OTHER OPTIONS?
You must stay in the Settlement Class to receive the Warranty Extension’s coverage for Battery Failure. If the Court approves the Settlement, you will be bound by the Court’s orders in this case, including the final judgment, which will dismiss all claims asserted on behalf of the Settlement Class and order the parties to implement the Settlement. By staying in the Settlement Class, will give up any right you may have 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.
If you wish to keep your right to sue or continue a lawsuit concerning defects in the Brushes or misrepresentations relating to their sale, you must exclude yourself from the Settlement Class.
If you wish to exclude yourself from the class and Settlement, you must submit a written exclusion request. If you exclude yourself, you will not receive a warranty extension and cannot obtain a repair or replacement of your Skin Brush under the Settlement, you will not be bound by the final judgment, and you will retain the right to pursue your own lawsuit concerning the Skin Brushes.
To request exclusion, you must write a letter or postcard that lists your name, address, telephone number, and states that you wish to be excluded from the class and Settlement in Novak v. Pacific Bioscience Laboratories, case number BC582188. You must sign the letter or postcard and mail it to: Skin Brush Battery Settlement Exclusions, P.O. Box 427, Birmingham, AL 35201-0427, postmarked by March 28, 2019, or, if delivered by a delivery service other than U.S. Mail, so that it is received no later than March 28, 2019.
Unless you exclude yourself, you can comment in support of or in opposition to the Settlement, Class Counsel’s application for attorneys’ fees and expenses, or the request for an incentive award for the Class Representative. You should submit any objections or comments in writing.
You should send the original of your objections or comments to the Clerk of the Court and send copies to Class Counsel and Defendants’ Counsel at the following addresses, so that your objections or comments are received no later than March 28, 2019:
Clerk of the Court
Los Angeles County Superior Court of the State of California
600 Commonwealth Avenue
Los Angeles, CA 90005
For Class Counsel:
Joseph J.M. Lange
JOSEPH J.M. LANGE LAW CORP.
222 North Pacific Coast Highway, Suite 2000
El Segundo, CA 90245
Counsel for Defendants:
Justin D. Lewis
GORDON & REES
101 W. Broadway, Suite 2000
As described below, the Court will hold a hearing to decide whether to approve the Settlement. If you submit written objections or comments and wish to appear and speak at the hearing, your objections or comments should include a statement that you intend to appear and speak at the fairness hearing, set forth the position you intend to present at the hearing, and include copies of any documents you wish the Court to consider. If you want your own lawyer to appear and speak at the hearing on your behalf, you should also state in your written objections or comments that you intend to have your lawyer appear and speak for you, and list the name, address, and telephone number of your lawyer.
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., Judge Jones will hold a Hearing on the fairness of the Settlement and whether it should be approved. The hearing will be held in Department 11 of the Los Angeles County Superior Court of the State of California, 312 North Spring Street, Los Angeles, CA 90012. At the Hearing, Judge Jones will also consider Class Counsel’s application for attorneys’ fees and expenses and the request for an incentive award for the Class Representative.
You are not required to attend the hearing to have the Court consider your written comments or objections. You or your lawyer may attend the Hearing if you wish, at your own expense. If you wish to speak at the hearing, you should submit written comments or objections, including a statement that you intend to appear and speak at the Hearing, in compliance with the procedures and deadline. The Court will hear from all Class Members who appear at the hearing and ask to speak, regardless of whether they have filed a written objection or notice of intention to appear.
If you are a Settlement Class Member and do nothing at all, if the Settlement is approved 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.
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.
THE BENEFITS OF DESCRIBED ABOVE WILL BE MADE AVAILABLE ONLY IF THE COURT APPROVES THE SETTLEMENT AND THE SETTLEMENT BECOMES FINAL ACCORDING TO ITS TERMS. FOR CURRENT INFORMATION ON WHEN THE SETTLEMENT WILL BE FINAL ACCORDING TO ITS TERMS, CONSULT THIS WEBSITE OR CONTACT CLASS COUNSEL AT THE ADDRESSES 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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