Friedman et at v. 24 Hour Fitness USA

Case # 06-cv-06282
Case Name Friedman et at v. 24 Hour Fitness USA
Jurisdiction US District Court for C.D. CA
Summary

24 Hour Fitness required its customers who use a monthly membership to pay for it using automatic Electronic Funds Transfers. Plaintiffs allege that 24 Hour Fitness improperly used these ETFs to bill customers who had cancelled their memberships for monthly dues, even after Defendant had entered a Request for Cancellation of Membership into their electronic database.

Final Approval Date 07/12/2010
Result
  1. Final Approval granted.
  2. All objections overruled.
  3. Objector Toni Ozen (through Attorney Joseph Darrell Palmer) appealed the Final Approval.
  4. The appeal was voluntarily dismissed.
Dismissal of Last Appeal 08/20/2010
Attachments Sixth Amended Complaint.pdf
Preliminary Approval.pdf
Plaintiff's Response to Objections.pdf
Defendant's Response to Objections.pdf
Ruling on Objections.pdf
Final Approval.pdf
Docket Report.pdf
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Objection of Toni Ozen

Objectors Toni Ozen
Signers Joseph Darrell Palmer
Attorneys Joseph Darrell Palmer
Janine Menhennet
Summary
  1. Class members did not have adequate time to review class counsel's fee motion.
  2. Class representative fees are excessive.
  3. Class counsel mis-characterized the value of the settlement.
  4. Use of coupons in the settlement provides little value to class members.
Attachments Objection of Toni Ozen.pdf
Appeal of Objector Toni Ozen.pdf
Stipulation of Dismissal of Ozen Appeal.pdf
Dismissal of Appeal of Objector Ozen.pdf
Ozen Appeal Docket.pdf
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Objection of Dennis "Neil" Smith Jr, Andrew Smith

Objectors Dennis "Neil" Smith Jr
Andrew Smith
Signers Dennis "Neil" Smith Jr
Andrew Smith
Attorneys
Summary
  1. Class counsel mis-characterized the value of the settlement.
  2. They overstated the value of a monthly membership.
  3. Claims period is not sufficiently lengthy.
  4. Though these objections were filed late, they were postmarked by the deadline and the Court determined them to be timely (though they were later overruled on the merits.)

NOTE: Though separate objections were filed, they are identical in content and are treated as one objection by the parties

Attachments Objection of Dennis 'Neil' Smith Jr.pdf
Objection of Andrew Smith.pdf
Objection by Plaintiffs to Smith Objections.pdf
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Objection of Rogelio Mendoza

Objectors Rogelio Mendoza
Signers Rogelio Mendoza
Attorneys
Summary
  1. Objector believes he is individually entitled to a larger settlement, since the amount 24 Hour Fitness improperly charged him exceeded $64.
Attachments Objection of Rogelio Mendoza.pdf
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Objection of Finis Cowan, Linda Cowan, Tom Cowan, William Cowan, Grace Cowan

Objectors Finis Cowan
Linda Cowan
Tom Cowan
William Cowan
Grace Cowan
Signers Finis Cowan
Attorneys Finis Cowan
Summary
  1. Notice plan improperly combines some class members' names, effectively reducing the number of members who can participate in the settlement.
Attachments Objection of Finis Cowan.pdf
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Objection of Abiodun Sodipo

Objectors Abiodun Sodipo
Signers Abiodun Sodipo
Attorneys
Summary
  1. Settlement improperly imposes financial burdens on the Defendant.
Attachments Objection of Abiodun Sodipo.pdf
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