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Contract Product Liability | New York Southern
Letter
SUPPLEMENTAL LETTER addressed to Judge Valerie E. Caproni from Roy A. Katriel (pro hac vice) dated June 15, 2026 re: Supplemental Letter Responding To June 10, 2026 Order On Motion For Preliminary Approval (ECF No. 83). Document filed by Spa Thirsty, Inc.. (Attachments: # 1 Exhibit 1 to Supplemental Letter, # 2 Exhibit 2 to Supplemental Letter, # 3 Exhibit 3 to Supplemental Letter).(Katriel, Roy)
Order on Motion for Settlement
ORDER denying without prejudice 77 Motion for Settlement. IT IS HEREBY ORDERED that the Motion is DENIED WITHOUT PREJUDICE to Plaintiff filing the following items not later than Wednesday, June 17, 2026: (1) A letter (the "Supplemental Letter") explaining (i) why an equal distribution of settlement proceeds, rather than a pro rata distribution based on the number of Syndeo machines purchased or the amount of serum purchased, is appropriate, and (ii) why it is appropriate to pay Plaintiffs attorneys' fees before all class members have received payment. (2) Amended versions of the proposed forms of notice attached as Exhibits A and B to the proposed settlement agreement. The amended versions should affirmatively inform class members that they may hire their own attorneys if they wish. (3) An amended version of the proposed form of notice attached as Exhibit C to the proposed settlement agreement. The amended version should: a. Revise the second sentence of the second paragraph in the section titled "4. WHAT IS THIS LAWSUIT ABOUT?" to read, "Defendant denies the allegations and that it did anything wrong," rather than, "Defendant denies the allegations or that it did anything wrong." Alternatively, if the original phrasing was intentional, Plaintiffs may indicate as much in the Supplemental Letter. b. Revise the third paragraph in the section titled "15. HOW DO I OBJECT TO THE SETTLEMENT?" to be identical to Paragraph 13 of Plaintiffs' Proposed Order (Dkt. 81). (Signed by Judge Valerie E. Caproni on 6/10/2026) (rro)
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