Conference moved in Sears class action case

Amelia Flood Jan. 28, 2010, 4:22am

A January status conference in a St. Clair County class action brought over lawn mower horsepower marketing has been moved to March.

According to a letter and signed order from Jan. 5, the Jan. 11 status conference in Rhonda Lemay v. Sears Roebuck Company et. al. has been moved to March 4 at 10 a.m.

Lemay's class action is one of a number filed nationwide against Sears and other lawnmower makers. It alleges that the company mismarked lower power machines and sold them as their higher powered counterparts.

Lemay had moved to consolidate her case with another suit pending in St. Clair County filed by lead plaintiff Andrew Stone.

However, Stone opposes the move.

He filed a motion late last year arguing that Lemay's move to consolidate the case was improper and his case, as the older suit, should take precedence and proceed.

Lemay's class action is one of the four 2009 class action cases that remain in St. Clair County.

St. Clair County Circuit Judge Michael O'Malley is presiding.

Lemay is represented by JoDee Favre and others.

Sears is represented by Charles Swartwout and others.

Stone is represented by Richard Burke.

The Lemay case is St. Clair case number 09-L-085.

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