Case 3:14-cv-06046-DEA Document 49 Filed 10/19/16 Page 1 of 86 PageID: 368 SHEPHERD, FINKELMAN, MILLER & SHAH, LLP JAMES C. SHAH NATALIE FINKELMAN BENNETT 475 White Horse Pike Collingswood, NJ 08107 Telephone: 856/858-1770 Facsimile: 866/300-7367
[email protected] [email protected] Additional Counsel on Signature Page Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY Q+FOOD LLC; LAWRENCE BARTON ) d/b/a LEGEND MEATS, LLC; ) ENCORE PIANO & ORGAN ) No. 14-6046(DEA) MOVING, LLC; ALL AMERICAN ) MOVING AND STORAGE ) AMENDED CLASS ACTION DELIVERY, LLC, and WEST ) COMPLAINT LUMBER & BUILDING SUPPLY ) CORP; individually and on behalf of all ) others similarly situated, ) JURY TRIAL DEMANDED ) Plaintiffs, ) ) v. ) ) MITSUBISHI FUSO TRUCK OF ) AMERICA, INC., ) ) Defendant. ) Case 3:14-cv-06046-DEA Document 49 Filed 10/19/16 Page 2 of 86 PageID: 369 Plaintiffs, Q+Food LLC (“Q+Food”), Lawrence Barton d/b/a Legend Meats, LLC (“Legend”); Encore Piano & Organ Moving, LLC (“Encore”); All American Moving and Storage and Delivery, LLC (“All American”), and West Lumber & Building Supply Corp. (“West Lumber”) (collectively “Plaintiffs”), by their designated attorneys, individually and on behalf of all others similarly situated, for their Amended Class Action Complaint, allege as follows based upon personal knowledge, the investigation of counsel, information and belief, and publicly available information: NATURE OF THE ACTION 1. This is a breach of warranty class action arising from Defendant, Mitsubishi Fuso Truck of America, Inc.’s (“Defendant” or “MFTA”), repeated failure and inability to deliver conforming, non-defective trucks, causing the warranty to fail of its essential purpose and constituting a model-wide breach of contract.