Russell v. Kohl's Department Stores

Case # 15-cv-01143
Case Name Russell v. Kohl's Department Stores
Jurisdiction US District Court for C.D. CA
Summary

Kohl's regularly markets its clothing and other merchandise as being significantly discounted from a posted "regular price."  Plaintiffs allege that this "regular price" is arbitrary and the supposed savings do not reflect a discount off of an actual retail price.  Plaintiffs allege that consumers have been materially harmed by this misleading pricing strategy.

Final Approval Date 10/13/2016
Result
  1. Final Approval granted.
  2. Objectors Card, Cecio, Cochran, and Mcdonald appealed the Final Approval.
  3. Oral arguments on the appeal are scheduled for March 2018.
Dismissal of Last Appeal ongoing
Attachments Docket Report.pdf
First Amended Complaint.pdf
Preliminary Approval Order.pdf
Motion for Final Approval and Response to Objections.pdf
Final Approval Order.pdf
Final Judgment.pdf
Order Granting Attorneys' Fees.pdf
Consolidated Appeal Docket.pdf
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Objection of Sarah McDonald

Objectors Sarah McDonald
Signers John W. Davis
Attorneys John W. Davis
C. Benjamin Nutley
Summary
  1. Settlement should be considered a "coupon settlement" and subject to extra scrutiny.
  2. Injunctive relief is vague and unenforceable.
  3. Attorneys' fees are excessive, unjustified, and improperly not subject to scrutiny by class members.
  4. Class representative incentive awards are excessive.
Attachments Objection of Sarah McDonald.pdf
Supplemental Objection of Sarah McDonald.pdf
Plaintiff's Response to Supplemental McDonald Objection.pdf
Second Supplemental Objection of Sarah McDonald.pdf
Appeal of Objector McDonald.pdf
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Objection of Anne L. Card

Objectors Anne L. Card
Signers Anne L. Card
Matthew Kurilich
Attorneys Matthew Kurilich
Caroline Tucker
Summary
  1. Settlement should be considered a coupon settlement.
  2. Settlement is over-valued.
  3. Attorneys' fees are excessive.
Attachments Objection of Anne Card.pdf
Kurilich Appearance for Objector Card.pdf
Appeal of Objector Card.pdf
Tucker Appearance for Objector-Appellant Card.pdf
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Objection of Bobbi Cecio

Objectors Bobbi Cecio
Signers Bobbi Cecio
Attorneys David C. Hawkes
Summary
  1. Notice is inefficient.
  2. Settlement sum is too small.
  3. Relief is not proportional to damages suffered.
  4. Coupon provisions are improper.
  5. Attorneys should be paid in coupons as well.
  6. Attorneys' fees are excessive.
  7. Settlement was rushed.
Attachments Objection of Bobbi Cecio.pdf
Appeal of Objector Cecio.pdf
Hawkes Appearance for Objector-Appellant Cecio.pdf
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Objection of Barbara Cochran

Objectors Barbara Cochran
Signers Barbara Cochran
Attorneys
Summary
  1. Settlement piggybacks off of prior litigation.
  2. Lack of discovery means the settlement only represents a small portion of the actual damages.
  3. Claims process is burdensome.
  4. Attorneys' fees are excessive and unsubstantiated.
Attachments Objection of Barbara Cochran.pdf
Appeal of Objector Cochran.pdf
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Objection of Patrick Sweeney

Objectors Patrick Sweeney
Signers Patrick Sweeney
Attorneys
Summary
  1. Attorneys' fees are excessive.
Attachments Objection of Patrick Sweeney.pdf
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