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O'NEIL v. SIMPLICITY, INC.

No. Civ. No. 07-4070 (RHK/JJG).

553 F.Supp.2d 1110 (2008)

John O'NEIL and Jill O'Neil, on behalf of themselves and all others similarly situated, Plaintiffs, v. SIMPLICITY, INC., and Graco Children's Products, Inc., Defendants.

United States District Court, D. Minnesota.

May 12, 2008.

Attorney(s) appearing for the Case

Elizabeth C. Pritzker, Eric H. Gibbs, Geoffrey A. Munroe, Girard Gibbs LLP, Charles C. Kelly, II, Amy Eskin, Nancy Hersh, Hersh & Hersh, San Francisco, CA, Renae D. Steiner, Lori A. Johnson, Heins Mills & Olson, PLC, Michael K. Johnson, Goldenberg & Johnson, PLLC, Minneapolis, MN, for Plaintiffs.

William K. Hill, Scott N. Wagner, Bilzin Sumberg Baena Price & Axelrod LLP, Miami, FL, Blake Shepard, Todd A. Noteboom, Leonard, Street and Deinard, PA, Minneapolis, MN, for Defendant Simplicity, Inc.

Joseph J. Krasovec, III, Heidi Dalenberg, Holly A. Podulka, Schiff Hardin LLP, Chicago, IL, John Edward Connelly, Jesseca R.F. Cockson, Faegre & Benson LLP, Minneapolis, MN, for Defendant Graco Children's Products, Inc.

MEMORANDUM OPINION AND ORDER

RICHARD H. KYLE, District Judge.

INTRODUCTION

This action arises out of a recall of children's cribs by Defendant Simplicity, Inc. ("Simplicity"). Plaintiffs John and Jill O'Neil purchased a Simplicity crib in 2003, which bears the name and logo of Defendant Graco Children's Products, Inc. ("Graco"). The crib was recalled in September 2007 due to problems with its "drop side"; this action was commenced shortly thereafter...

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