Fiori et al v. Dell, Inc

Case # 09-cv-01518
Case Name Fiori et al v. Dell, Inc
Jurisdiction US District Court for N.D. CA
Summary

Plaintiffs allege that Defendant had an established business practice of billing customers who purchased Dell computers for onsite warranty service during the first year after purchase.  Customers were never made aware that they were paying for the service and that it was optional.  They reasonably believed that there was no charge for first year onsite warranty service.  This secretive billing cost the customers between $60 and $120.

Final Approval Date 04/01/2011
Result
  1. Final Approval granted.
  2. All objections were overruled.
  3. In the Final Approval Order, the Court found that "[t]he Objections were conclusory in nature, and lacked factual or legal support" (paragraph 8).
  4. Objectors Munoz and Perle (through Attorney Palmer) appealed the Final Approval.
  5. Their appeal was voluntarily withdrawn.
Dismissal of Last Appeal 09/07/2011
Attachments Docket Report.pdf
Second Amended Complaint.pdf
Preliminary Approval Order.pdf
Plaintiff's Response to Objections.pdf
Defendant's Response to Objections.pdf
Final Approval Order.pdf
Order Granting Attorneys' Fees.pdf
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Objection of Neil Scheiman

Objectors Neil Scheiman
Signers Charles D. Chalmers
Attorneys Charles D. Chalmers
Summary
  1. Settlement should include a cy pres provision.
    • Thereby ensuring that a minimum recovery is made by the class, regardless of the claims rate.
Attachments Objection of Neil Scheiman.pdf
Declaration of Neil Scheiman in Support of Objection.pdf
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Objection of Margaret Munoz, Cery Perle

Objectors Margaret Munoz
Cery Perle
Signers Joseph Darrell Palmer
Attorneys Joseph Darrell Palmer
Summary
  1. Attorneys' fees may be improperly calculated.
  2. Fee structure breaches class counsel's duty to the class.
  3. Mediators' opinions on the fee request may not be appropriate.
Attachments Objection of Margaret Munoz and Cery Perle.pdf
Appeal of Munoz and Perle.pdf
Request for Extension by Munoz and Perle Objector-Appellants.pdf
Dismissal of Munoz and Perle Appeal.pdf
Munoz and Perle Appeal Docket.pdf
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