Christina Stueve Hodges Mar. 21, 2013, 8:48am

St. Clair County Circuit Judge Vincent Lopinot on March 7 dismissed a consumer fraud class action claim against Rothman Furniture in O'Fallon.

William Wiley, on behalf of hundreds of others, filed a lawsuit April 1, 2011 in St. Clair County Circuit Court against Rothman Furniture Stores Inc.

In his lawsuit, Wiley accused the store of failing to give him promotional money he was allegedly promised.

Wiley, of Belleville, said in February 2009 he learned of a Rothman Furniture sales promotion. The store allegedly promised each customer who bought more than $600 in furniture would receive $600 in free gasoline.

Wiley says the promotion also promised an additional $600 in free groceries if the same customer bought another $600 in furniture.

Wiley says he purchased nearly $1,000 in furniture from the O’Fallon store on Highway 50 West and asked for the free gas and groceries. He claims he filled out the proper paperwork and submitted the required receipts but never received the $25 debit cards he was promised.

Attorneys David T. Butsch, James J. Simeri and Matthew R. Fields of Clayton, Mo. represented the plaintiff.

Butsch filed a motion to dismiss with prejudice Feb. 25.

In earlier action in the case, the parties filed a notice of pending settlement on Dec. 1, 2011.

Before that, Rothman had filed a consent motion for extension of time July 5, 2011, stating, "the parties have reached an agreement in principal settling this matter and require additional time to execute a written settlement agreement."

"On or before September 3, 2011, plaintiff's counsel will file a motion to dismiss this action with prejudice thereby alleviating defendant's duty to respond to the plaintiff's complaint."

There was no record of a class certification motion having been filed in the case.

Glenn E. Davis and Ryan J. McCarty represented the defense.

St. Clair County Circuit Court Case No. 11-L-171

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