The URL can be used to link to this page

Home My WebLink About12-7483ti ~~.~~-.~. ~ ~RIGI~rAL ~~ ~~~ ~~ ~~2 0£C 13 AM { 1 ~ 12 CU ~f~~LAYLVAN~TY qMb IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI No. ~ a -~y ~3g6~- Civil Action (X) Law ()Equity MAHA DEFRANK and ALBER'T' B DEFRANK, her husband 37 Timber Lane New Cumberland, PA 17070 Plaintiff(s) 8~ Address(es) ERIE INSURANCE EXCHANGE 4901 Louise Drive Mechanicsburg, PA 17055 Defendant 8v Address PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. t of Summons shall be issued and forwarded to ( )Attorney C~rard C. Kramer Attorney I.D. No. 44715 Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 717 232-6300 Dated: / ~ -l ~ ` l ~ G~ aeuav~ ~,iv~-( WRIT OF SUMMONS Maha DeFrank and Albert B. DeFrank, her husband 37 Timber Lane New Cumberland, PA 1?070 Plaintiff vs ERIE INSURANCE EXCHANGE 4901 Louise Drive Mechanicsburg, PA 17055 Defendant TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: ' ~ \3 \~' Deputy Check here if reverse is issued for additional information SCHMIDT KRAMER PC By: Gerard C. Kramer, Esquire 209 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 (1) gkramer(&,schmidtkramer.corn 2,-;1 SEF26 em ••• CUMEERL T PEK,V,•_;YL,,,-\ Attorney for Plaintiff MAHA DEFRANK and ALBERT : B. DEFRANK, her husband V. ERIE INSURANCE EXCHANGE, • PLAINTIFF : • • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-7483 Civil : CIVIL ACTION - LAW DEFENDANT. : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acciOn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaciOn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 2 MAHA DEFRANK and ALBERT B. DEFRANK, her husband PLAINTIFF V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 12-7483 Civil ERIE INSURANCE : CIVIL ACTION - LAW EXCHANGE, DEFENDANT. : JURY TRIAL DEMANDED COMPLAINT AND NOW, come Plaintiffs MAHA DEFRANK and ALBERT B. DEFRANK by and through their attorney, GERARD C. KRAMER, ESQUIRE, and SCHMIDT KRAMER PC and avers the following: Parties 1. Plaintiffs Maha DeFrank and Albert B. DeFrank, her husband, are adult individuals, wife and husband, who currently reside at 37 Timber Lane, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant, Erie Insurance Exchange, is a Pennsylvania corporation and insurance company with branch office located at 4901 Louise Drive, Rossmoyne Business Center, Mechanicsburg, PA 17055. Operative Facts 3. On or about June 29, 2010, Plaintiff Maha DeFrank was traveling east on Market Street in Camp Hill, Cumberland County, Pennsylvania. 4. Ms. Lauren A. Layton was driving west on Market Street at the time of the accident. 5. At approximately the 1800 block of Market Street, Ms. Layton's vehicle struck the right side curb. 6. Ms. Layton overcorrected and jerked her car back onto the roadway, across the center line, and struck Plaintiff's vehicle head on as she was driving east. 7. As a direct and proximate result of the negligence of the tortfeasor Lauren Layton, the Plaintiff Maha DeFrank suffered and will continue to suffer from severe and permanent injuries, including but not limited to cervicalgia, shoulder pain, full thickness tear of supraspinatus right shoulder, rotator cuff tendinopathy right shoulder, trapezial strain in right shoulder, post-traumatic stress, and severe depression and anxiety. 8. As a direct and proximate result of the negligence of the tortfeasor, the Plaintiff required and may continue to require medical care and treatment, surgery, physical therapy, x-rays, diagnostic testing, use of pain medication and the use of rehabilitative services. 9. As a direct and proximate result of the negligence of the tortfeasor, the Plaintiff incurred medical expenses and she will continue to incur medical expenses for her care and treatment. 10. As a direct and proximate result of the negligence of the tortfeasor, the Plaintiff Maha DeFrank has suffered a loss of earnings and impairment of future earning capacity. 11. As a direct and proximate result of the negligence of the tortfeasor, the Plaintiff has suffered and will continue to suffer from pain, 4 discomfort, inconvenience, suffering and the inability to engage in her usual activities now and in the future and the deprivation of the ordinary and usual enjoyment of life and life's pleasures now and into the future. 12. As a direct and proximate result of the negligence of the tortfeasor and the injuries caused by such negligence to her husband, the Plaintiff Albert B. DeFrank has suffered a loss on companionship services and consortium. 13. At the time of the collision, the tortfeasor Lauren Layton was insured with USAA Casualty Insurance Company with a bodily injury liability protection limits in the amount of $15,000.00. 14. The tortfeasor's bodily injury policy limits are not adequate to compensate the Plaintiff for the injuries and losses she sustained as a result of the collision. 15. At the time of the collision, the Plaintiff was insured under a personal insurance policy ("the Policy") with the Defendant Erie Insurance Exchange, policy number Q08 1900993 H with effective date of October 5, 2009. 16. At the time of the aforementioned accident, the Plaintiff insured one vehicle on the Policy that provided for $100,000.00 per person, and $300,000.00 per accident in underinsured motorist coverage with stacking. 17. As a result of the selection of underinsured motorist benefits, the Plaintiff paid and the Defendant accepted increased premium payments. 5 18. The third party tortfeasor's insurance carrier, USAA Casualty Insurance, offered the policy limits of $15,000.00 and the Plaintiff received consent to settle. 19. The Plaintiff and Defendant have not been able to agree on the value of the Plaintiff's claim for underinsured motorist benefits for injuries which resulted from the accident. COUNT I - BREACH OF CONTRACT Maha DeFrank and Albert B. DeFrank v. Erie Insurance Exchange Underinsured Motorist 20. Plaintiff incorporates herein by reference the averments contained in Paragraphs 1 through 22 as though the same were set forth in full. 21. Defendant Erie Insurance Exchange contracted through their Uninsured/Underinsured Motorists Coverage Endorsement Pennsylvania to pay damages for bodily injury that the law entitles to their insured for recovery from the owner or operator of an underinsured motorist vehicle. 22. The Plaintiff has fully complied with all terms, conditions and duties required under the Policy. 23. The Plaintiff has suffered bodily injury surpassing third party liability limits. 24. As the insurer of the Plaintiff, Defendant Erie Insurance Exchange owes a fiduciary, contractual and statutory obligation to investigate, evaluate and negotiate the underinsured motorist claim in good faith and to arrive at a prompt, fair and equitable settlement. 6 25. Defendant Erie Insurance Exchange failed to offer to pay the amount of damages for bodily injury that the insured is entitled to under the policy and the law. 26. WHEREFORE, the Plaintiff Maha DeFrank and Albert B. DeFrank, her husband, respectfully request this Honorable Court enter a judgment in their favor against Defendant Erie Insurance Exchange for the full amount of damages recoverable under the Auto policies and other relief as this Honorable Court deems just and proper. Date: September 25, 2014 By: 7 erard C. Kramer, Esquire I.D. No. 44715 SCHMIDT KRAMER P.C. 209 State Street Harrisburg, PA 17101 (717) 232-6300 - Telephone (717) 232-6467 - Facsimile scooper@schmidtkramer.com Attorney for Plaintiff VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, Maha DeFrank, verify that I am the Plaintiff in the foregoing action, and that the attached is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not mine. I have read the Complaint, and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, infonnation, and belief. To the extent that the contents of the Complaint are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications made to authorities. Johnson, Duffie, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com OF THE -PRO6 f•,�f 20111 OCT - P,` CUi pAP 'l ,. . Vit�j, attorneys for Defendant Erie Insurance Exchange MAHA DEFRANK and ALBERT B. DEFRANK, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ERIE INSURANCE EXCHANGE, : NO. 2012 -7483 -CIVIL Defendant : JURY OF TWELVE PERSONS DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of John A. Statler, Esquire of Johnson, Duffie, Stewart & Weidner, P.C. as counsel for Defendant Erie Insurance Exchange in the above -captioned case. Date: 9 /Z ? //y :654502 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER John A. Statler, I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ias caidsw.com Attorneys for Defendant Erie Insurance Exchange CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the day of September, 2014, addressed to the following: Gerald C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statle , qul e Attorney I.D. No, 43 2 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Erie Insurance Exchange Johnson, Duffie, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com "1LED-OF FICE c HE PROTHONOTARY '2Oi11 OCT -9 PM 12116 CUMBERLAND COUNTY PENNSYLVANitorneys for Defendant Erie Insurance Exchange MAHA DEFRANK and ALBERT B. DEFRANK, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW ERIE INSURANCE EXCHANGE, : NO. 2012 -7483 -CIVIL Defendant : JURY OF TWELVE PERSONS DEMANDED NOTICE TO PLEAD TO: MAHA DEFRANK and ALBERT B. DEFRANK, Plaintiffs c/o Gerald C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of service hereof or a default judgment may be entered against you. Date: /d 7g //7` JOI-FN ON;.DUFFIE, STErWART & WEIDNER By: John A. Statler; `Eire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Erie Insurance Exchange Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendant Erie Insurance Exchange MAHA DEFRANK and ALBERT B. DEFRANK, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW ERIE INSURANCE EXCHANGE, : NO. 2012 -7483 -CIVIL Defendant : JURY OF TWELVE PERSONS DEMANDED ANSWER OF DEFENDANT ERIE INSURANCE EXCHANGE TO PLAINTIFFS' COMPLAINT INCLUDING NEW MATTER AND NOW, comes the Defendant, Erie Insurance Exchange, by and through its counsel, Johnson, Duffie, Stewart & Weidner, P.C., who file the following Answer and New Matter in response to the Plaintiffs' Complaint: 1. Admitted. 2. Denied. Defendant Erie Insurance Exchange is an unincorporated reciprocal insurance exchange with officers located at 4901 Louise Drive, Mechanicsburg, PA 17055. 3. Admitted. 4. Admitted. 5. It is admitted that a collision occurred between the Layton and DeFrank vehicles. 6. It is admitted that a collision occurred between the Layton and DeFrank vehicles. 7. It is admitted that as a result of the motor vehicle accident Ms. DeFrank suffered a cervical sprain and strain as well as an exacerbation of pre-existing anxiety. It is denied that Ms. DeFrank suffered severe and permanent injuries as a result of the accident. It is also denied that she suffered a full thickness tear of the supraspinatus right shoulder, rotator cuff tendonopathy of the right shoulder, trapezial strain in the right shoulder, and post traumatic stress as a result of the accident. 8. It is admitted that as a result of the accident Ms. DeFrank required some medical care for the cervical sprain and strain and aggravation of pre-existing anxiety. 9. It is admitted the Plaintiff incurred medical expenses for treatment of the cervical sprain and strain and pre-existing anxiety. It is unknown, and therefore denied, that the plaintiff will incur medical expenses for treatment of accident-caused injuries in the future. 10. Denied. It is specifically denied that Ms. DeFrank suffered a Toss of earnings/impairment of future earning capacity as a result of any injuries sustained in the accident. 11. It is admitted that Ms. DeFrank suffered some pain and discomfort as a result of the cervical sprain and strain from the motor vehicle accident. 12. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averment concerning Albert DeFrank's loss of companionship, services and consortium and, therefore, denies the same and demands strict proof at time of trial if deemed material. 13. Admitted. 14. Denied. 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19. Admitted. COUNT I — BREACH OF CONTRACT MAHA DEFRANK AND ALBERT B. DEFRANK V. ERIE INSURANCE EXCHANGE (Underinsured Motorist) 20. Defendant Erie Insurance Exchange incorporates by reference its answers to the averments in Paragraphs 1 through 22 of the Plaintiffs' Complaint as if set forth at length. 21. Admitted. 22. Admitted. 23. Denied. 24. The averments in this Paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that Defendant Erie Insurance Exchange owed a fiduciary duty to the Plaintiffs. The balance of the averments are denied pursuant to Pa.R.C.P. 1029(e). 25. The averments in this Paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that Defendant Erie Insurance Exchange failed to offer to pay the amount of damages for bodily injury that the insured is entitled to under the policy and the law. 26. It is denied that judgment should be entered in favor of the Plaintiff and against Erie Insurance Exchange for the full amount of damages recoverable under the auto policies. WHEREFORE, Defendant Erie Insurance Exchange respectfully request that judgment be entered in its favor and against the Plaintiffs in this case. NEW MATTER By way of additional answer and reply, Defendant Erie Insurance Exchange raises the following new matters: 27. Some or all of the Plaintiffs claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. § 1701 et seq. and especially by § 1722 of that law, 28. To the extent that some or all of the Plaintiffs damages have been paid or are payable by insurance, group contract or other arrangement for payment, then claims for those damages are barred both by 75 Pa. C.S.A. § 1722 and by the defense of payment. WHEREFORE, Defendant Erie Insurance Exchange respectfully requests that judgment be entered in its favor and against the Plaintiffs in this case. Respectfully submitted, 40NSON, DUFFIE, STEWART & WEIDNER Date: :654517 John A. Statler, Esquire I.D. No. 43812 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas(idsw.com Attorneys for Defendant Erie Insurance Exchange VERIFICATION I, `"`1 Leg -Kocher , hereby acknowledge that Erie Insurance Exchange is a Defendant in this action and that I am authorized to make this verification on its behalf; that I have read the foregoing Answer of Defendant Erie Insurance Exchange to Plaintiffs' Complaint Including New Matter; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. ERIE INSURANCE EXCHANGE Date: ia/9/l4/ By: 2-41 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing ANSWER OF DEFENDANT ERIE INSURANCE EXCHANGE TO PLAINTIFFS' COMPLAINT INCLUDING NEW MATTER upon all parties or counsel of record by depositing a copy of same in the United TIA States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the day of October, 2014, addressed to the following: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler, quire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Erie Insurance Exchange SCHMIDT KRAMER PC By: Gerard C. Kramer, Esquire r I.D. No. 44715 209 State Street Harrisburg, PA 17101 !. (717) 232-6300 (t) (717) 232-6467 (fl gkramel�@,schmidtkramer.com Attorney for Plaintiffs MAHA DEFRANK and ALBERT : IN THE COURT OF COMMON PLEAS B. DEFRANK, her husband : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : V. : No. 12-7483 Civil ERIE INSURANCE CIVIL ACTION - LAW EXCHANGE, DEFENDANT. JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER AND NOW comes the Plaintiff, Maha Defrank, by and through her attorneys Schmidt Kramer, PC and respectfully responds to the new matter of the defendant as follows: 27. Paragraph 27 states a conclusion of law to which no Response or Pleading is necessary. 28. Paragraphs 28 states a conclusion of law to which no Response or Pleading is necessary. WHEREFORE, Plaintiff requests the new matter be dismissed and Judgment entered in favor of the Plaintiff. Respectfully Submitted, SCHMIDT KRAMER, PC By: — x Ge rd C. Kramer, Esquire No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 (f) gkramer@schmidtkramer.com Date: b, 1LA r 11-� Attorney for Plaintiffs VERIFICATION I, Gerard C. Kramer, attorney for the Plaintiff, verify that I am the attorney of record for the Plaintiff, and that the foregoing document contains no facts within the knowledge of the Plaintiff, but rather, is based upon the record or facts solely within the knowledge of the attorney; and, for that reason, I make this Verification on behalf of the Plaintiff. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. SCHMIDT KRAMER PC DATED: `��\ll By: -� - 1 Gerd C. Kramer, Esquire No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 (fl gkramer@schmidtkramer SCHMIDT KRAMER PC By: Gerard C. Kramer, Esquire 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (t) (717) 232-6467 (fl gkramer@schmidtkramer.com Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this ��day of 2014, I, Gerard C. Kramer Esquire, hereby certify that I have this day served a true and correct copy of Plaintiff's Response to Defendant's New Matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John A. Statler, Esquire Johnson Duffie 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 Respectfully submitted, SCHMIDT KRAMER PC By: �------' Zrard C. Kramer, Esquire e I.D. No. 44715 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 Fax gkramer@schmidtkramer.com Attorney for Plaintiffs