Filed 06/10/14
Document 1
Case 2:14-cv-00322-SPC-CM
Page
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT oF FLORIDA
1 of 18
PagelD
2011, jun 10
1
144
FORT MYERS DIVISION
fl
t.
c.
•._;focrFno,1
SUSAN GRACE STOKES. Individually on:
Behalf of Herself and All Others Similarly:
Situated,
2
Plaintiff
Case No.
v,:
SENSA
PRODUCTS, LIC; and DOES
1-
10, Inclusive.
CLASS ACTION COMPLAINT
Defendants
PLAINTIFF SUSAN GRACE STOKES' COMPLAINT
AND REQUEST FOR INJUNCTIVE RELIEF
Plaintiff Susan Grace Stokes.
situated, alleges the following
of
losing weight
Products") that
them
to
lose
a
without
weight.
loss
Sensa
instructed
and
the
print
public is told that
products
product
tosprinkle
Sensa is marketed
television. radio. and
over,
weight
dieting, The
including
on
behalf' of all others
similarly
INTRODUCTION
line of
consumers are
and
information and belief:
on
I.
Sensa is
individually
to
the
marketed
is
on
a
the
to
crystalline
public
their food and which will
public throutth
a
provide significant
way
substance ("Sensa
variety of
media. It is also marketed on-site in
Sensa Products
as a
means,
stores.
and proven
cause
Over
weight
Case 2:14-cv-00322-SPC-CM
loss
Dieting." Sadly,
benefits, including "Without
Use of Sensa Products without
Recently, Defendant
Filed 06/10/14
Document 1
Page
2 of 18
Defendant's claims
dieting or lifestyle changes
does
are not true.
not lead to
had to pay $26.5 million to FTC in 2014 to settle
PagelD
weight
charges
loss.
the
over
Sensa Products.
2.
Plaintiff brings this class action lawsuit
of thousands of Florida
this unlawful
consumers
by Defendant,
on
Plaintiff Susan Grace Stokes is
Sensa Products.
representations regarding
a
the
Plaintiff
was
2013.
exposed
weight loss efficacy
The Sensa Products do not
known the truth about Defendant's
have
the money taken
resident of Florida and
Plaintiff spent
purchased the
provide
product
Sensa Products.
at
the
and relied
to
purchased
by
not
have
and
approximately
on
of the Sensa Products,
herein, and but for those representations, Plaintiff would
Products.
recover
ongoing deception
THE PARTIES
used Defendant's Sensa Products from 2009
$5, 000
and to
the
practice.
II.
3.
enjoin
to
Defendant's
as
purchased
detailed
the Sensa
promised benefits. Had Plaintiff
the time of her
purchase, she would
By purchasing the falsely
not
advertised Sensa
Products, Plaintiff suffered injury-in-fact and lost money.
4.
Sensa Products, LLC is
principal place
of business and
I
See
Delaware limited
headquarters
California 90245. Sensa Products
across
a
www.sensa.com
at 2301 Rosecrans
manufactures, markets,
the United States.
(last visited May 19, 2014)
2
liability
company with its
Avenue, El Segundo,
and sells the Sensa Products
2
5.
The true
names
through 10, inclusive,
Defendants
are
by fictitious
legally responsible for
Court
to
amend this
Filed 06/10/14
Document 1
Case 2:14-cv-00322-SPC-CM
and
capacities
currently
names.
of Defendants sued herein
Each of the Defendants
alleged
designated
herein.
reflect the true
to
3 of 18
as
unknown to Plaintiff, who therefore
the unlawful acts
Complaint
Page
names
herein
PagelD
DOES 1
sues
such
DOE is
as a
Plaintiff will seek leave of
and
capacities of the
DOE
Defendants when such identities become know.
6.
and/or
At all relevant
employee of
times, each and every Defendant
each of the other Defendants and
and/or scope of said agency and/or
employment
each of the Defendants. Each of the acts and/or omissions
alleged
and made known to, and ratified
Products, LLC and
by,
acting
was
with the full
was
acting
as an
within the
knowledge
complained
collectively
course
and consent of
of herein
each of the other Defendants
DOE Defendants will hereafter
agent
be referred
were
(Sensa
to as
"Defendants").
III.
7.
U.S.C.
amount
JURISDICTION AND VENUE
This Court has
diversity jurisdiction
over
this class action pursuant to 28
1332, and amended by the Class Action Fairness Act of 2005, because the
in controversy exceeds
$5, 000,000, exclusive
class action in which the members of the class
Defendants. See 28 U.S.C.
8.
Defendants
citizens of
a
different
state
a
than the
§1332(d)(2)(A).
This Court also has
currently do
are
of interest and costs, and is
personal jurisdiction
business in this state.
3
over
Defendants because
3
Document 1
Case 2:14-cv-00322-SPC-CM
9.
Venue is proper in this
because Defendants
are
subject
portion of the conduct and
to
harm
Defendants
weight.2
as
complained of herein
A.
weight."
According
help
to
they
without
public
to
in 2008.
changing anything
need to do is
The unfortunate truth is that
you feel full faster
"feel full faster without
will
4
the
Dieting"
lose
The
for the Sensa Products is that
weight
told that all
to
"Without
by
else
"sprinkle [Sensa
nothing is that easy.
Defendants, the Sensa Products "work with
Defendants further claim that
3
are
use
public by
False Scientific Research
smell and taste to
2
marketing campaign
Consumers
and lose
may
the Sensa Products
person may lose
a
substantial
FACTS
consumers
of Defendants'
1391,
occurred in this district.
that
lifestyle.
11.
can
a
weight-loss products
the Sensa Products,
Products], eat,
and
flavored powders marketed to the
began selling
PagelD
U.S.C.
are
Defendants
about their
to 28
4 of 18
The Sensa Products
persistent theme
using
jurisdiction pursuant
Page
personal jurisdiction in this district
IV.
10.
Filed 06/10/14
"caus[e]
by sprinkling
deprivation."
you to eat less and lose
so
you eat less and feel
the Sensa Products
The full
feeling
weight."4
Id.
www.sensa.com/original-sensa (last
visited
January 7, 2014).
Id.
4
on a
caused
by
your
more
meal,
sense
of
satisfied."3
a consumer
the Sensa Products
4
Document 1
Case 2:14-cv-00322-SPC-CM
12.
Products
are
To substantiate these fantastic
"based
on over
Filed 06/10/14
Page
claims, Defendants
25 years of scientific research
on
5 of 18
state that the
PagelD
Sensa
the science of smell and
taste."5
B.
False Website
13.
Marketing
Defendants website,
SENSA®
O
www.dm.trysensa.com,
helps
you
states:
feel satisfied from less food without
deprivation.
O
SENSA
O
TRY IT FREE! 100% SATISFACTION GUARANTEED
O
Easy to use as
O
LOSE WEIGHT WITHOUT DEPRIVATION.
O
Sensa® is based
These statements
are
helps you kick cravings to the curb.
false and
SALT & PEPPER
on
25 years of research.
misleading
because the
promised weight-loss gains
are
impossible without dieting or lifestyle changes.
C.
False Blog Testimonials
14.
of
research, Defendants also
customers are
a
Not satisfied with
claiming
tout the
the Sensa Products
results obtained
paid by Sensa to advertise weight loss
are
based
by prior
helped her
6
These
lose 70 lbs in
Id.
(blog.trysensa.com/index-php/fefe-lost-70-lbs-in-11-months) (last visited May 9, 2014)
5
years"
blog6 includes
11 months.
5
"25
customers.
results. Defendants'
testimonial from "Fefe" who claims that the Sensa Products
on
5
Case 2:14-cv-00322-SPC-CM
15.
Products
However, Fefe's weight
on
Filed 06/10/14
Document 1
loss
was
not the result of
her meals. In very small type at the end of the
weight by using
the Sensa® Inc. sensible diet.
testimonial. Sensa
paid
Fefe to be
a
Not
professional
blog,
only that,
public that weight loss
"without
misleading.
D.
This is false and
Defendants market the Sensa Products
commercials, infomercials, and internet videos
promotions repeatedly
state use
dietary or lifestyle changes.
17.
One video
purportedly independent
that the
pizza
has text
appearing
on
your
& Exercise Aren't
18.
only shaking
Sensa
Fefe discloses she lost
Fefe
paid for her
was
results may be achieved
lost 40
on
through
YouTube.
on
of the Sensa Products will lead to
Plaintiff Saw Defendants' TV
YouTube, "Sensa
consumers
on
participating
right by eating it,
on-screen
the
in
you could
taste-test:
weight
loss without
and relied
an announcer
Loss
on
it.
asking
"What if I told you
actually lose weight?"
stating "Revolutionary Weight
of TV
variety
These false video
advertising
Street"7, has
a
a
The video
System. When Diet
Enough."
Defendants
Story", repeating
this video,
7
PagelD
False Video Promotion Through TV and Internet
16.
Loss
6 of 18
dieter and promote Sensa Products,
but Defendants represent to the
dieting."
Page
another on-line video entitled, "Michelle's
the false statements and
someone states
pounds using
produced
"I'm
reinforcing
the
deceptive
Weight
message.
In
Michelle, from San Juan Capistrano, California, and I
Sensa."
www.voutube.com/sensaweightloss.
6
6
19.
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Document 1
Case 2:14-cv-00322-SPC-CM
In yet another You Tube
video,
Page
7 of 18
Works"8,
"How Sensa
PagelD
nameless
a
announcer states:
Announce: "How does Sensa work? As you eat, Sensa works with
your
smell and taste to
bite
one
triggers
Let's say you
help
your
stimulate your
body
typically
eat
into
body's
thinking
might
not sound like a
Friday night.
every
calories,
so
you'd
your food to
E.
four slices of pizza in
save
major change,
typical slice
help you feel
full
faster, curb
more
sitting.
one
but suppose you had
a
pizza
year. You
your
has
than you have.
Now
slices, instead of
of cheese
31, 200 calories in
control switch. So
imagine
your usual four.
pizza
for dinner
approximately
simply sprinkle
appetite,
if
and reduce
300
Sensa
on
cravings."
Celebrity Endorsements
20.
Patti
A
hunger
that you've eaten
you could feel full and satisfied from two
That
natural
of
sense
Defendants have
Stanger.
a
series of infomercials with
The infomercial contains
a
question and
a
"celebrity endorser",
answer
session with the
following colloquy:
Announcer: "What do you say to
tell
that this is all you do
you
can
and
you're gonna lose weight?"
Patti
me
Stanger:
people
that
g
just like,
[depicting sprinkling
"I'm sorry, the science is there.
studies. It is there. And it works. You and I
Announcer:
are
are
there is
no
the Sensa
way that
Products]
Go online, read Dr. Hirsch's
living proof of it working."
"Absolutely."
http://www.youtube.com/watch?v=ebppfiql-la0 (which has
7
been viewed
over
1.4 million
times).
7
Patti
Stanger:
"And I don't know
Call. Order it.
F.
Try
Filed 06/10/14
Document 1
Case 2:14-cv-00322-SPC-CM
why people
are
Page
waiting.
8 of 18
Pick up the
it. What do you got to lose?"
Defendants' print advertisements for its Sensa Products also repeat and
reinforce the false and
One
changes.
food,
G.
eat
deceptive
print advertisement
30 lbs. without
dieting
and lose
or
message of
weight
states: "SENSA is
all your time
spending
loss without
clinically
working
dietary
proven to
Just
out.
or
lifestyle
help
you lose
sprinkle
on
your
weight!"
Defendants' Marketing Was False and Deceptive
22.
Products do
the
Defendants'
not
absence
weight-loss promises
provide the significant weight
of
advertisements
dietary
or
false and
loss benefits
lifestyle changes.
states "the science is
are
promised
Whereas,
there", the Federal
$26.5 million
23.
to
settle with the FTC
As the
Defendants possess
work
as
a
one
to consumers in
of Defendants'
Trade Commission
false
advertising charges
(hereafter
Sensa
paid
in 2014.
inventor, manufacturer, and distributor of Sensa Products,
superior position to
the
public to know
whether its Sensa Products
advertised. Defendants knew, but failed to disclose, that the Sensa Products do
provide the weight-loss benefits
See
over
The Sensa
deceptive.
"FTC"), has taken the opposite view stating, "the science just isn't there".9
9
phone.
False and Misleading Print Advertisements
21.
not
PagelD
Katy Bachman, "Sprinkle,
Eat and
as
advertised.
Pay Up Big Time: Sensa Sheds $26.5 million to Settle
Ad Week Available at
FTC
Charges,
http://www.adweek.com/news/advertising-branding/sprinkle-eat-andpav-biktime-sensa-sheds-265-million-settle-ftc-charges-154781 (last visited May 9, 2014).
8
8
Case 2:14-cv-00322-SPC-CM
24.
Defendants' false and
designed
was
could
cause
justifiably
weight-loss
relied
the Sensa Product sells for
on
25.
without
Defendants'
not
have
Plaintiff and the Class
misrepresentations
and
dietary
or
further
were
foregoing other healthy,
PagelD
the Sensa Products
lifestyle changes.
if at
supply of
misrepresentation,
all, for the Sensa Products.
damaged by relying
effective
Plaintiff and
A one-month
In the absence of the
paid as much,
9 of 18
believe that the Sensa Products
to
misrepresentations.
approximately $59.
Plaintiff and the Class would
Page
deceptive marketing regarding
to, and did, lead Plaintiff and the Class
effectively
the Class
Filed 06/10/14
Document 1
on
Defendants'
weight-loss options.
CLASS ACTION ALLEGATIONS
26.
other
Plaintiff
this class action for
equitable and monetary relief on behalf of a
United States who
27.
have
brings
a
purchased
controlling interest,
Defendants,
are
and Defendants'
representatives, employees, co-conspirators,
with greater
issues
as
Plaintiff reserves the
specificity
29.
and
can
only
right
of all persons in the
any
entity
in which Defendants
officers, directors, affiliates, legal
successors,
to amend or
subsidiaries, and assigns.
modify the definition
or
limitation
of the Class
to
particular
orders of this Court warrant.
Members of the Class
impracticable.
consisting
further division into subclasses
or
discovery and the
class
and
Sensa Products at any time from 2008 until the present.
Excluded from the Class
28.
injunctive relief, restitution,
are so numerous
that
joinder of all
While the exact number of members of the Class is
be ascertained
through appropriate discovery,
individuals number in the thousands.
9
members is
presently unknown,
Plaintiff believes that such
9
30.
fact
There is
underlying
predominate
common
a
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Case 2:14-cv-00322-SPC-CM
well-defined
community of interest
Page
in the
any
questions
questions of fact and
Products
was
b.
law
questions
include, but are not limited, the following:
false, deceptive,
whether
common
that may affect individual members of the Class. The
whether information
a.
PagelD
questions of law and
the claims of each member of the Class, and these
over
10 of 18
or
on
Defendants' websites
concerning
Sensa
misleading;
representations
made
on
Sensa Products
packaging
are
false, deceptive, and/or misleading;
whether
c.
Defendants
in
engaged
unfair,
fraudulent business practices in violation of the Florida
Trade Practices Act, Fla. Stat.
501.201 et seq.
whether Defendants defrauded consumers;
e.
whether Sensa Products
formulation,
Deceptive
and/or
and Unfair
("FDUTPA");
d.
were
unlawful,
materially defective
in
design
and
and unfit for their intended purpose;
f.
whether Defendants breached express and/or
g.
whether Defendants
implied warranties;
and
31.
Plaintiff's claims
are
were
typical
unjustly enriched.
of the claims of members of the Class.
Plaintiff and all members of the Class have been
common course
32.
the Class.
similarly
affected
by Defendants'
of conduct.
Plaintiff will
fairly
and
adequately represent
and protect the interests of
Plaintiff has retained competent counsel with substantial
10
experience
in
10
Document 1
Case 2:14-cv-00322-SPC-CM
handling complex
class action
litigation.
Filed 06/10/14
Plaintiff and her counsel
vigorously prosecuting this action on behalf of the
33.
fact
or
Certification of this Class is
common to
fact
the
superior
to any
Pagel D
committed
to
questions of law
or
are
Class.
appropriate because
the
respective members of the Class predominate
affecting only
11 of 18
Page
over
questions of law
individual members. This predominance makes class
other method available for the fair and efficient
litigation
adjudication
of these
claims and provides substantial benefits.
34.
Absent
a
class
action, it would be highly unlikely that Plaintiff
or
any
other members of the Class would be able to protect their own interests because the cost
of litigation
through individual
35.
act on
Certification is also
Class
as a
36.
run
the Class,
whole. Further,
A class action is
a
fair and
forum
simultaneously, efficiently
result from the
discovery, effort,
engender.
prosecution of
given
the
large
to
to
the relief
number of consumers
conflicting adjudications.
number of claims to be resolved in
numerous
proceeding
refused
proceed in lieu of a class
and without the unnecessary
on
or
appropriate method for the adjudication of the
large
expense and burden
The benefits of
obtaining
a
acted
thereby making appropriate
the risk of yielding inconsistent and
controversy, in that it will permit
for
to
purchased Sensa Products, allowing individual actions
action would
expected recovery.
appropriate because Defendants
grounds generally applicable
sought on behalf of the
who
lawsuits would exceed their
hardship
individual actions and the
a
single
that would
duplication
of
the courts that such individual actions would
as a
class action,
redress for claims that would not be
including providing
practical
to pursue
a
method
individually,
11
Document 1
Case 2:14-cv-00322-SPC-CM
any difficulties that
outweigh
might be argued
Filed 06/10/14
with
regard
Page
to the
12 of 18
PagelD
management of this
class action.
CAUSES OF ACTION
FIRST CAUSE OF ACTION
BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY
37.
Plaintiff incorporates
by reference
all the above
allegations
as
if fully set
forth herein.
38.
This First Cause of Action is asserted
by Plaintiff on behalf of the
Class
under Florida law.
were
39.
Plaintiff purchased Sensa Products and is in
40.
Defendants sold Sensa Products to Plaintiff while
privity with Defendants.
knowing
that
they
defective.
41.
Plaintiff purchased Sensa Products
expecting
that
they
from material defects. Plaintiff did not receive the benefit of the
would not suffer
bargain
in
purchasing
Sensa Products.
42.
Plaintiff had
Products. As such, there
no
notice of
was a
or
substantial
ability
to detect the defect to the Sensa
disparity in the parties' bargaining
and its acceptance of any warranty disclaimers
was
neither
knowing
nor
power,
voluntary,
thereby rendering such limitations unconscionable and ineffective.
43.
purchase,
Had Plaintiff been
it would not have
aware
purchased
of the defect in Sensa Products
the Sensa Products
less money for them.
12
or at
prior
to
least would have
its
paid
12
44.
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Case 2:14-cv-00322-SPC-CM
Plaintiff has suffered
damages
as
a
13 of 18
Page
PagelD
result of Defendants' breach of
implied warranty.
SECOND CAUSE OF ACTION
(VIOLATION OF FLORIDA DECEPTIVE AND UNFAIR TRADE
PRACTICES ACT, FLA. STAT. 501.201, et. Seq.)
45.
Plaintiff repeats and
paragraphs
1
46.
33 above
through
This
cause
as
of action is
brought pursuant
conduct of any trade
Products
commerce
48.
or
within the
herein.
Specifically,
49.
deceptive
commerce." Fla. Stat.
a
consumer
meaning of the
Plaintiff has
injury
purchased
unconscionable, deceptive,
as
the Florida
standing
on
to
defined
(the "Act"). The stated
both the
product
Defendants' actions
business
practice within
Defendants' actions
as a
purchased
was
are
or
unfair acts
by
Fla. Stat.
Act. Defendants
pursue this
Plaintiff
Sensa Products, but it
Deceptive
and
purpose
engage in unfair
in the
practices
or
are
501.203.
engaged
Sensa
in trade
or
Act.
in fact and lost money
claims
contained in
501.201(2).
goods within the meaning of the
suffered
marketing
or
Plaintiff is
are
501.201 et seq.
to
"protect the consuming public... from those who
methods of competition,
47.
allegation
if fully set forth herein.
Unfair Trade Practices Act, Fla. Stat.
of the Act is to
each and every
realleges
the
of action because Plaintiff has
result of Defendants' actions
Sensa Products in reliance
on
as set
alleged
forth
Defendants'
labels and Defendants' websites.
not of the
as
cause
Plaintiff
standard, quality, and grade advertised.
in this
meaning
Complaint
of FDUTPA,
constitute
501.201
an
unfair
et seq.,
or
in that
unfair, unlawful, and fraudulent and because Defendants have
13
13
made
unfair, deceptive, untrue,
including the Internet,
50.
misleading
In
within the
advertising
statements
Defendants do
not
or
misleading
and
packing
economic
Defendants'
injury to
Sensa
52.
they violate the FDUTPA,
53.
that its
Defendants knew
representations
Defendants
as set
engaged
of FDUTPA,
were
advertising
was
reveal true facts.
to
and
packaging.
practices
have caused
practices,
as
alleged herein,
unlawful because
are
forth herein.
or
should have known
false and/or
by exercising
misleading.
During
by misrepresenting
in its
reasonable
false and
Each of the aforementioned
misleading
because Sensa Products
in violation
practices
advertising
and
marketing
consuming public
representations alleged
was not
care
the Class Period,
effective, safe, and had qualities and characteristics that it did
54.
was
advertising media,
putative Class.
Sensa Products to Plaintiff, members of the Class, and the
Products
PagelD
and reliable evidence to support the
in unfair, unlawful and fraudulent business
501.201 et seq.,
14 of 18
501.201 et seq.
fraudulent and unfair business
Defendants' business
in
Products, and refuse
requisite competent
Plaintiff and the
Page
Sensa Products, Defendants make false and
claims about Sensa Products made in Defendants'
51.
statements
meaning of FDUTPA,
concerning
have the
Filed 06/10/14
Document 1
Case 2:14-cv-00322-SPC-CM
that Sensa
not
in this
of the standard,
of
have.
Complaint
quality
or
grade advertised.
55.
Defendants'
continuing course
selling
wrongful business practices constituted,
of conduct of unfair
Sensa Products in
a manner
competition since Defendants
likely to
deceive the
14
public.
and constitute,
are
marketing
a
and
14
Case 2:14-cv-00322-SPC-CM
56.
As
a
have suffered economic
501.201
injury by losing
et
paid less for Sensa Products,
enjoining
business
money
Defendants from
they known that
practices
continuing
and any other act
it
a
not
have
PagelD
business
was not as
to engage in
purchasing
purchased
or
an
an
would have
order of this Court
unlawful, unfair,
Plaintiff and members of the Class also seek
Sensa
represented.
prohibited by law, including
make full restitution of all money
wrongful
result of
as
Pursuant to FDUTPA, Plaintiff and the Class seek
Complaint.
to
had
15 of 18
seq., Plaintiff and members of the Class
Products. Plaintiff and members of the Class would
57.
Page
direct and proximate result of Defendants'
in violation of FDUTPA,
practices
Filed 06/10/14
Document 1
order
or
deceptive
those set forth in the
requiring Defendants
they wrongfully obtained from Plaintiff and
members of the Class.
THIRD CAUSE OF ACTION
UNJUST ENRICHMENT
58.
Plaintiff incorporates
by reference
all the above
allegations
as
if fully set
forth herein.
59.
This Third Cause of Action is asserted
under Florida
60.
there
are no
61.
common
Plaintiff
other
by Plaintiff on behalf of the
law.
alleges unjust enrichment
adequate
in the alternative, to the extent that
remedies at law.
Plaintiff and members of the Class conferred
purchasing Sensa
Class
Products.
15
a
benefit
on
Defendants
by
15
Case 2:14-cv-00322-SPC-CM
62.
Document 1
Defendants have been
from Class members'
purchases
Filed 06/10/14
Page
unjustly enriched in retaining the
16 of 18
revenues
PagelD
derived
of Sensa Products, which retention under these
circumstances, is unjust and inequitable because Defendants misrepresented the facts
concerning
the
qualities and characteristics of the product
Class to lose money
63.
wrongful
as a
result thereof.
Defendants have benefited and have been
conduct
alleged
herein.
members of the Class based upon
as
to uses and
qualities which
were, and still are,
64.
and caused Plaintiff and the
aware
enriched
unjustly
by
their
Defendants sold Sensa Products to Plaintiff and the
deceptive conduct, omissions,
and
misrepresentations
Sensa Products does not possess and which Defendants
that it does not possess.
Defendants have
knowledge of this benefit and have voluntarily accepted
and retained this benefit.
65.
Plaintiff and members of the Class suffered
Defendants'
unjust enrichment because: (a) they
Products
the
been
on
known;
same
and
a
price premium
loss of money
would not have
terms, if at all, if the true facts
(b) they paid
a
concerning
due to the false
as a
result of
purchased
Sensa
Sensa Products had
representations
about
Sensa Products.
66.
The circumstances
inequitable for
as
described herein
Defendants to retain these
ill-gotten
such that it would be
benefits without
thereof to Plaintiff and members of the Class members.
16
are
paying
the value
16
_Case
2:14-cv-00322-SPC-CM
67.
Plaintiff and members of the Class members
Defendants'
unjust,
Filed 06/10/14
Document 1
and
ill-gotten gains, including interest, resulting
inequitable conduct as described
Page
17 of 18
PagelD
entitled to the amount of
are
from Defendants' unlawful,
above.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff and members of the Class request that the Court
an
order
or
judgment against Defendants,
and each of them
as
named in the
enter
future,
as
follows:
A.
Certification of the action
as a
class action pursuant to Rule
the Federal Rules of Civil Procedure, and
representative and her counsel of record as
B.
Injunctive
C.
Restitution
appointment
of Plaintiff
23(b)(3) of
as
a
Class
Class counsel;
relief and restitution under the FDUPTA;
or
restitutionary disgorgement
as
provided
for under the
implied warranty of merchantability;
D.
Restitution and
appropriate relief
under Florida
common
law of
unjust
enrichment;
proper,
by
law
E.
Attorneys' fees
F.
Awarding
including
or
equity
any
to
and expenses,
including costs
such other and further relief
as
for experts; and
this Court may deem
extraordinary equitable relief and/or injunctive
attach, impound
or
relief as
just
permitted
otherwise restrict Defendants' assets to
that Plaintiff and the members of the Class have
17
an
effective
remedy.
and
ensure
17
Case 2:14-cv-00322-SPC-CM
Dated: June
Document 1
2014
Filed 06/10/14
Page
18 of 18
PagelD
CHEFFY PASSIDOMO, P.A.
By:
Lbuis
D.
D'Agostinb. Esq.
Michael W. Pettit, Esq.
821 Fifth Avenue South
Naples, FL 34102
Telephone: (23) 261-9300
Facsimile: (239) 261-9787
GLANCY BINKOW & GOLDBERG LLP
Brian P. Murray, Esq.
Lee Albert, Esq.
122 East 42" Street, Suite 2920
New York. NY 10168
Telephone: (212) 682-5340
Facsimile: (212) 884-0988
COLEMAN, YOVANOVICII & KOESTER, P.A.
Edmond E. Koester, Esq.
4001 Tamiami Trail N.. Suite 300
Naples. FL 34103
Telephone: (239) 435-3535
Facsimile: (239) 435-1218
Comm./ fir
18
Plainliff
18
Page
1 of 1
c-ceept
and service oi pleadings or
psi:et:3.1S TellUtr[d
nor soppfrinent the iiIrni
3'1'1=t and the infonivanon conmined herein ricIlhef te_ploer of the I hilted Sixes in September 1 'k 13, ielpined for ilic o ie. of We Cicill or C;:!;irt
Conference
Judicial
the
by
approved
This
form.
court
by local mks of
Mr-.Xt P.-1(;Elf,r nus
/NS
:ibex!
Otlic:
Me IS 44 civil
provided
19
PagelD
CIVIL COVER SHEET
1:-,.es 1.7 12i
ls
Filed 06/10/14
Document 1-1
Case 2:14-cv-00322-SPC-CM
by 1iio.
-.r
Caer
the
purpose or inmining flu: ei3i1 cluelinA
1. (a) PLAINTIFFS
Susan Grace Stokes, Individually
Similarly Situated
DEFENDANTS
on
PLI:rii in
(14 Comity of-Reside= olFirst
Inclusive.
Sensa Products, LLiG and DOES 1-10.
Behalf of Herself and All Others
_Lps_Angeles
F!1:11 1.1-.1cd De.1.1:11, Licicl
Cou:-.1)
Collier
Y.),
LOCATION OF
IN LAND CONDEMNATION CASES, L!SE THE
THE TRACT OE LAND INVOI VED
NOT17
.2•
•VIL, ;11;,
llI
Chelly Passidorno
Naples, FL 34102
Telephone: (239) 261-9300
821 Fifth Avenue South,
11. BASIS OF .11:RISDICTION
TriA i
IlL CITIZENSIIIP OF PRINCIPAL PARTIES
nt
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REQUESTED
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N
C.ONIPL AINT;
VIII. RELATED CASE(S)
IF ANY
ciltlris
&Tenn)...
Louis D.
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CIIECK Yi:I., ini,;
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Ci (ECK IF -11iiti IS A CLASS .“-ILION
UNDJ:R 16:1.17. 23, I- R cs II
DATE
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Sticliti ATLTRE OF AII.S
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violations of the FDUPTA and various
VII.
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Aluilhe t Do In IL:
40701/P71
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