Kambiz Batmanghelich v. Sirius XM Radio

Case # 09-cv-09190
Case Name Kambiz Batmanghelich v. Sirius XM Radio
Jurisdiction US District Court for C.D. CA
Summary

Sirius XM contracted with Stream International to provide call center operations on their behalf. Stream routinely monitored and recorded calls to their call center and shared that information with Sirius. They did so without the consent and permission of those who called.

Final Approval Date 09/15/2011
Result
  1. Final Approval granted.
  2. Objector Melton and Bandas (through Attorneys Palmer and Bandas) and Objector Denny (through Attorney Davis) appealed the Final Approval.
  3. Appeals were voluntarily dismissed.
Dismissal of Last Appeal 11/10/2011
Attachments Fourth Amended Complaint.pdf
Preliminary Approval.pdf
Plaintiff's Response to Objections.pdf
Motion for Final Approval.pdf
Final Approval.pdf
Docket Report.pdf
Added to Index
Last Updated

Objection of Edmund Bandas

Objectors Edmund Bandas
Signers Edmund Bandas
Attorneys Joseph Darrell Palmer
Janine Menhennet
Christopher A. Bandas
Summary
  1. Class definition is overly vague.
  2. Class members not in California might be entitled to different settlement, creating intra-class conflict.
  3. Attorneys' fees are excessive.

NOTE: This objection was filed late and was rejected by the Court.

NOTE:  Mr. Bandas' attorneys appeared on the appeal.

Attachments Objection (Untimely) of Edmund Bandas.pdf
Rejection of Bandas Objection.pdf
Appeal of Objectors Melton and Bandas.pdf
Bandas Appearance for Objector-Appellants Melton and Bandas.pdf
Dismissal of Appeal of Objectors Melton and Bandas.pdf
Added to Index
Last Updated

Objection of Dave Denny

Objectors Dave Denny
Signers John W. Davis
Attorneys John W. Davis
Summary
  1. Relief is inadequate in light of available statutory damages.
  2. Class representative incentive award is excessive.
  3. Attorneys' fees are excessive and incorrectly calculated.
  4. Claim form is overly burdensome.
  5. Release is overly broad.
  6. Notice is not sufficiently clear.
Attachments Objection of Dave Denny.pdf
Declaration of Dave Denny.pdf
Reply by Denny Objector to Response to Objections.pdf
Appeal of Objector Denny.pdf
Dismissal of Appeal of Objector Denny.pdf
Denny Appeal Docket.pdf
Added to Index
Last Updated

Objection of Michelle Melton

Objectors Michelle Melton
Signers Joseph Darrell Palmer
Attorneys Joseph Darrell Palmer
Janine Menhennet
Christopher A. Bandas
Summary
  1. Attorneys' fees are excessive and improperly calculated.
  2. Claim form is a deterrent to class members, since it requires them to submit sensitive, personal information over the Internet.

Objector Melton and Attorney Palmer subsequently objected to the cy pres awards, ultimately withdrawing those objections.

  1. Cy pres recipients are not sufficiently linked to the settlement.
Attachments Objection of Michelle Melton.pdf
Appeal of Objector Melton.pdf
Bandas Appearance for Objector-Appellants Melton and Bandas.pdf
Dismissal of Appeal of Objectors Melton and Bandas.pdf
Objection of Michelle Melton to Cy Pres Award.pdf
Withdrawal of Melton Cy Pres Objection.pdf
Added to Index
Last Updated