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United States District Court District of New Jersey Charlene Dzielak, Shelley Baker, Francis Angelone, Brian Maxwell, Jeffery R

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United States District Court District of New Jersey Charlene Dzielak, Shelley Baker, Francis Angelone, Brian Maxwell, Jeffery R Case 2:12-cv-00089-KM-JBC Document 162 Filed 02/05/16 Page 1 of 3 PageID: 2024 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CHARLENE DZIELAK, SHELLEY BAKER, Civil Action No. 12-00089 (KM)(JBC) FRANCIS ANGELONE, BRIAN MAXWELL, JEFFERY REID, KARI Motion Return Date: May 16, 2016 PARSONS, CHARLES BEYER, JONATHAN COHEN, JENNIFER SCHRAMM, and ORAL ARGUMENT REQUESTED ASPASIA CHRISTY on behalf of themselves and all others similarly situated, Plaintiffs, v. WHIRLPOOL CORPORATION, LOWE’S HOME CENTERS, LLC, SEARS HOLDINGS CORPORATION, HOME DEPOT U.S.A., INC., FRY’S ELECTRONICS, INC., and APPLIANCE RECYCLING CENTERS OF AMERICA, INC., Defendants. NOTICE OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION James E. Cecchi Scott A. Bursor Lindsey H. Taylor Joseph I. Marchese CARELLA, BYRNE, CECCHI, Yitzchak Kopel OLSTEIN, BRODY & AGNELLO, P.C. BURSOR & FISHER, P.A. 5 Becker Farm Road 888 Seventh Avenue Roseland, New Jersey 07068 New York, New York 10019 (973) 994-1700 (212) 989-9113 Antonio Vozzolo VOZZOLO LLC 345 Route 17 South Upper Saddle River, NJ 07548 (201) 630-8820 Co-Lead Interim Class Counsel Case 2:12-cv-00089-KM-JBC Document 162 Filed 02/05/16 Page 2 of 3 PageID: 2025 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that, upon the Declaration of Scott A. Bursor, the Declaration of Colin Weir, the Declaration of J. Michael Dennis, the Declaration of Ramamirtham Sukumar, the Declaration of Charlene Dzielak, the Declaration of Shelley Baker, the Declaration of Francis Angelone, the Declaration of Brian Maxwell, the Declaration of Jeffery Reid, the Declaration of Kari Parsons, the Declaration of Charles Beyer, the Declaration of Jonathan Cohen, the Declaration of Jennifer Schramm, the Declaration of Aspasia Christy, the exhibits attached thereto, and the accompanying Memorandum of Law, plaintiffs will move before the Honorable Kevin McNulty, United States District Court Judge, at the United States District Court for the District of New Jersey, located at 50 Walnut Street, Newark, New Jersey 07101, on May 16, 2016, or any adjourned date, for an Order, pursuant to Rule 23(b)(3) to: certify the New Jersey Class, the California Class, the Florida Class, the Texas Class, the Ohio Class, the Virginia Class, and the Indiana Class; appoint Plaintiffs as class representatives, and appoint Bursor & Fisher, P.A., Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C, and Vozzolo LLC as Class Counsel. PLEASE TAKE NOTICE that, pursuant to the Court’s scheduling order, see Dkt No. 154, the motion day is May 16, 2016. Case 2:12-cv-00089-KM-JBC Document 162 Filed 02/05/16 Page 3 of 3 PageID: 2026 Dated: February 5, 2016 Respectfully submitted, By: Scott A. Bursor Scott A. Bursor Joseph I. Marchese Yitzchak Kopel BURSOR & FISHER, P.A. 888 Seventh Avenue New York, New York 10019 (646) 837-7150 James E. Cecchi Lindsey H. Taylor CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO 5 Becker Farm Road Roseland, New Jersey 07068 (973) 994-1700 Antonio Vozzolo VOZZOLO LLC 345 Route 17 South Upper Saddle River, NJ 07548 (201) 630-8820 Co-Lead Interim Class Counsel Case 2:12-cv-00089-KM-JBC Document 162-1 Filed 02/05/16 Page 1 of 4 PageID: 2027 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CHARLENE DZIELAK, SHELLEY BAKER, FRANCIS ANGELONE, BRIAN MAXWELL, JEFFERY REID, KARI PARSONS, CHARLES BEYER, JONATHAN COHEN, JENNIFER SCHRAMM, and ASPASIA CHRISTY on behalf of themselves and all others similarly Civil Action No. 12-00089 (KM)(JBC) situated, Plaintiffs, v. DECLARATION OF CHARLENE DZIELAK IN SUPPORT OF WHIRLPOOL CORPORATION, LOWE’S PLAINTIFFS’ MOTION FOR CLASS HOME CENTERS, LLC, SEARS HOLDINGS CERTIFICATION CORPORATION, HOME DEPOT U.S.A., INC., FRY’S ELECTRONICS, INC., and APPLIANCE RECYCLING CENTERS OF AMERICA, INC., Defendants. DECLARATION OF CHARLENE DZIELAK I, Charlene Dzielak, declare as follows: 1. The statements made in this Declaration are based on my personal knowledge and, if called as a witness, I could and would testify thereto. 2. I am a named plaintiff in this matter and have retained Bursor & Fisher, P.A. as my counsel. This Declaration is given in support of my request that the Court certify this case as a class action, appoint me as a class representative, and appoint my counsel as Class Counsel. 3. I am a citizen of New Jersey and reside in Old Bridge, New Jersey. 4. I purchased a Maytag Centennial MVWC6ESWW1 washer for $409 from Lowe’s in November 2009. Case 2:12-cv-00089-KM-JBC Document 162-1 Filed 02/05/16 Page 2 of 4 PageID: 2028 5. I was deposed by counsel for Defendants Whirlpool Corporation, Lowe’s Home Centers, LLC, Sears Holdings Corporation, and Fry’s Electronics, Inc. on June 10, 2015. In response to questioning, I testified about the details of my purchase: Q. And tell me what you remember about purchasing your Maytag clothes washer. A. I went to Lowe’s because at that point I needed a clothes washer. And that is specifically what I went for. I did not have any particular brand in mind other than I wanted one that was a brand that was well known. I wanted one that was under the Energy Star program because I believe it would save me money. I believed that it was better for the environment, and those were pretty much my main criteria when I went to the store. Dzielak Dep. 93:15-25. 6. I also testified about my understanding of the Energy Star logo’s meaning and representations: Q. Why don’t you tell me what’s wrong with your clothes washer. … A. Well, it is my understanding that when I purchased the washing machine, I did so in good faith depending upon the Energy Star label, which it warrants that the utility bill – bills will be lowered for an energy electricity and for water consumption because it is compliant with the DOE and the EPA findings on what constitutes an Energy Star-compliant machine. Id. at 6:8-22. Q. Okay. So your previous testimony about the – the warranty that this applicable would lower utility bills, where did you get that understanding? A. From numerous ads, from print ads, from advertisements in newspapers, from flyers that have come from online representations of bulletins that were put out claiming that’s that what the Energy Star means. Id. at 7:11-18. Case 2:12-cv-00089-KM-JBC Document 162-1 Filed 02/05/16 Page 3 of 4 PageID: 2029 7. I understand that the washing machine I purchased is not actually Energy Star qualified: Q. Okay. A. It turns out that when the DOE and the EPA did studies, that it was not indeed Energy Star-compliant and therefore I was mislead. I bought a machine that did not conform to what was promised. Id. at 6:23-7:2. 8. I also testified regarding my damages in this action: Q. And what are you looking – what are you looking to get out of the lawsuit? What would you like? A. Well, I paid a price – you know, a price premium extra, and I believe I paid – ended up paying higher utility bills because this was not what it represented itself to be. So I would like to be reimbursed for that. Id. at 155:3-10. 9. As class representative, I take my duties and responsibilities seriously. I have reviewed pleadings, responded to questions, produced documents, sat for my deposition, and I will be available in the future to fulfill my duties as a Class Representative. 10. I have consulted with my counsel from time to time to review, discuss, and determine the actions to be taken and decisions to be made in pursuit of this case on behalf of all class members. Based on these interactions and my relationship with my counsel, I believe my counsel has fairly and adequately represented the class and will continue to do so. 11. I understand that, as a class representative, I have an obligation to assert and protect the interests of other class members and not act just for my own personal benefit. I do not have any conflict with other class members. I will do my best to protect the interests of other class members and will fairly and adequately represent the class to the best of my ability. Case 2:12-cv-00089-KM-JBC Document 162-1 Filed 02/05/16 Page 4 of 4 PageID: 2030 -I declare uniler pendlty of perjury under the laws of the-United States and the State of New Jersey that the foregoing is true and correct. Executed on da n , 3 1 ,2016 at Old Bridge, New Jersey. Case 2:12-cv-00089-KM-JBC Document 162-2 Filed 02/05/16 Page 1 of 4 PageID: 2031 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CHARLENE DZIELAK, SHELLEY BAKER, FRANCIS ANGELONE, BRIAN MAXWELL, JEFFERY REID, KARI PARSONS, CHARLES BEYER, JONATHAN COHEN, JENNIFER SCHRAMM, and ASPASIA CHRISTY on behalf of themselves and all others similarly Civil Action No. 12-00089 (KM)(JBC) situated, Plaintiffs, v. DECLARATION OF FRANCIS ANGELONE IN SUPPORT OF WHIRLPOOL CORPORATION, LOWE’S PLAINTIFFS’ MOTION FOR CLASS HOME CENTERS, LLC, SEARS HOLDINGS CERTIFICATION CORPORATION, HOME DEPOT U.S.A., INC., FRY’S ELECTRONICS, INC., and APPLIANCE RECYCLING CENTERS OF AMERICA, INC., Defendants. DECLARATION OF FRANCIS ANGELONE I, Francis Angelone, declare as follows: 1. The statements made in this Declaration are based on my personal knowledge and, if called as a witness, I could and would testify thereto. 2. I am a named plaintiff in this matter and have retained Bursor & Fisher, P.A.
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