United States District Court for the Southern District of New York
Case No. 1:20-cv-08091
FOR USA CUSTOMERS ONLY
Please be advised that the Plaintiff, Scott Biddick (the “Named Plaintiff”), on behalf of himself and all others similarly situated, has reached a proposed settlement of the above-captioned class action lawsuit (the “Lawsuit”) with Defendant Lumondi, Inc. (collectively, “Defendant” or “Lumondi”) concerning certain Luminox watches. This settlement affects only consumers who purchased eligible watches in the United States.
The Notice relates to a proposed Class Action Settlement of a case where Named Plaintiff alleges, among other things, that (i) Defendant represented, advertised, and marketed the Watches as designed to be durable and tough for military service members, scuba divers, first responders, athletes, and “rugged outdoorsmen” seeking “extreme performance;” (ii) that such representations, advertising and marketing statements were false and misleading because the Watches contain a defect that causes their faces to fog when worn outdoors in air temperatures below approximately 40 degrees Fahrenheit or above approximately 90 degrees Fahrenheit; and (iii) that Named Plaintiff and all other consumers who purchased the Watches have suffered damages because had they known the truth they would not have purchased the Watches or would have paid less for the Watches.
Lumondi denies the allegations and claims in the Lawsuit, denies any wrongdoing or liability, and has asserted numerous defenses to the Lawsuit including, among others, that: (i) the Watches are not defective in any respect; (ii) the Watches were tested and qualified to be advertised as represented; (iii) Lumondi did not fail to disclose any material defect in the Watches; and (iv) it is customary for the watches to show fogging when exposed to an extreme temperature decrease because of a law of physics known as the dew point, but the fog will dissipate within 20 minutes after the watch is returned to room temperature. The Court has not ruled on the merits of Plaintiff’s claims or on Lumondi’s denial of the claims or on Lumondi’s defenses.
The proposed Settlement, if approved by the United States District Court for the Southern District of New York (the “Court”), will settle claims of the following class of persons and entities (collectively the “Class” or “Class Members”):
All consumers nationwide who purchased (or received as a gift) one or more Luminox Watch series 3000/3900, 3050/3950, 3120, 3150, 3160, 3180, 3190, 3250, 3500, 3510, 3580, 3590, 3600, 3610, 3800, 3810, 7050, 7060, 7200, or 7250 that contained an original Lumondi Warranty Card (the "Original Warranty") at the time of purchase on or after June 1, 2018 through November 30, 2021.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
EXCLUDE YOURSELF FROM THE SETTLEMENT BY MAY 30, 2022
This is the only option that allows you ever to be part of another lawsuit against Lumondi about the claims resolved by this Settlement. If you exclude yourself from this Settlement, you will not be able to get any benefits from it, including that you will not receive any Extended Limited Warranty Benefit or Replacement Watch Benefit.
OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION NO LATER THAN MAY 30, 2022
If you wish to object to the proposed Settlement, the request for attorneys’ fees and reimbursement of litigation expenses, or Service Award to Named Plaintiff, you should write to the Notice administrator (Kroll) and explain why you object. You cannot object to the proposed Settlement unless you are a Class Member. (See Question 11 on the FAQ page for full instructions on how to object to the Settlement.)
GO TO THE HEARING ON JUNE 22, 2022, AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN MAY 30, 2022
Filing a written objection and notice of intention to appear by May 30, 2022, permits you to speak in Court at the Court’s discretion about the fairness of the proposed Settlement, including the request for attorneys’ fees, reimbursement of litigation expenses, and the Service Award to Named Plaintiff. If you submit a written objection, you may (but are not required to) attend the June 22, 2022, Fairness Hearing and, at the discretion of the Court, speak to the Court about your objection.
|If you are a Class Member and do nothing, you will give up your right to
ever be part of another Lawsuit against Lumondi about the legal claims relating
to the Fogging Issue resolved by this Settlement. However, you are still
eligible to receive benefits provided by the Settlement’s Extended Warranty and
Replacement Watch benefit.|