Demmick v. Cellco Partnership

Case # 06-cv-02163
Case Name Demmick v. Cellco Partnership
Jurisdiction US District Court for NJ
Summary

Plaintiffs allege that Defendant (doing business as Verizon Wireless) improperly billed customers for their cell phone usage.  As a result of these billing practices, customers were billed for more than they owed under the terms of their contract.

Final Approval Date 05/07/2015
Result
  1. Final Approval granted.
  2. Seven parties appealed the Final Approval.
  3. Class counsel motioned for an appeal bond of $55,000 from the appealing objectors.
  4. The Court granted an appeal bond of $25,000 (representing anticipated costs of appeal), while denying $30,000 (representing anticipated administrative costs).
  5. The $25,000 bond was posted jointly and severally.
  6. All appeals were voluntarily withdrawn.
Dismissal of Last Appeal 08/29/2016
Attachments Docket Report.pdf
Second Amended Class Action Complaint.pdf
Preliminary Approval Order.pdf
Plaintiffs' Response to Objections.pdf
Final Approval Order.pdf
Motion for Appeal Bond.pdf
Reply in Support of Motion for Appeal Bond.pdf
Order Granting In Part Motion for Appeal Bond.pdf
Dismissal of All Appeals.pdf
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Objection of Kendrick Jan

Objectors Kendrick Jan
Signers Kendrick Jan
Attorneys Jan L. Westfall
Summary
  1. Cash benefit is insufficient compared to the damages suffered.
  2. Relief is improperly valued.
  3. Attorneys' fees are excessive.

NOTE:  Attorney Westfall's appearance was on the appeal.

Attachments Objection of Kendrick Jan.pdf
Appeal of Objector Jan.pdf
Jan Response to Motion for Appeal Bond.pdf
Westfall Appearance for Objector-Appellant Jan.pdf
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Objection of John Finn

Objectors John Finn
Signers John Finn
Attorneys Steve A. Miller
Summary
  1. Attorneys' fees are excessive.
  2. Class representative awards are excessive.
  3. Relief to the class is value-less.

NOTE:  Attorney Miller's appearance was on the appeal.

Attachments Objection of John Finn.pdf
Appeal of Objector Finn.pdf
Finn Response to Motion for Appeal Bond.pdf
Miller Appearance for Objector-Appellant Finn.pdf
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Objection of Kimberly Baker

Objectors Kimberly Baker
Signers Kimberly Baker
W. Allen McDonald
Attorneys W. Allen McDonald
Vincent S. Verdiramo
Summary
  1. Non-cash relief is illusory.
  2. Attorneys' fees are excessive and improperly calculated.
  3. Settlement shows signs of collusion.
Attachments Objection of Kimberly Baker.pdf
McDonald Appearance for Objector Baker.pdf
Verdiramo Appearance for Objector Baker.pdf
Baker Reply to Plaintiffs' Response to Objections.pdf
Appeal of Objector Baker.pdf
Baker Response to Motion for Appeal Bond.pdf
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Objection of Michael J. Rinis

Objectors Michael J. Rinis
Signers Michael J. Rinis
Attorneys N. Albert Bacharach, Jr.
Summary
  1. Settlement should be considered a coupon settlement.
  2. Class counsel should be paid in coupons.
  3. Notice does not contain enough information to evaluate the settlement.
  4. Attorneys' fees are excessive.

NOTE:  Attorneys Bacharach's appearance was on the appeal.

Attachments Objection of Michael J. Rinis.pdf
Appeal of Objector Rinis.pdf
Rinis Response to Motion for Appeal Bond.pdf
Bacharach Appearance for Objector-Appellant Rinis.pdf
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Objection of Michael Narkin

Objectors Michael Narkin
Signers Michael Narkin
Attorneys
Summary
  1. Settlement is not sufficiently linked to the damages actually suffered.
  2. Settlement shows signs of collusion.
  3. Attorneys' fees are excessive.
  4. Sub-classes are not adequately compensated.
Attachments Objection of Michael Narkin.pdf
Appeal of Objector Narkin.pdf
Narkin Response to Motion for Appeal Bond.pdf
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Objection of Nancy C. Corser

Objectors Nancy C. Corser
Signers Vincent S. Verdiramo
Attorneys Vincent S. Verdiramo
John J. Pentz
Summary
  1. Direct benefit to the class is unknown.
  2. Attorneys' fees are excessive and improperly calculated.
Attachments Objection of Nancy C. Corser.pdf
Pentz Appearance for Objector Corser.pdf
Appeal of Objector Corser.pdf
Corser Response to Motion for Appeal Bond.pdf
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Objection of Wanda J. Cochran

Objectors Wanda J. Cochran
Signers Wanda J. Cochran
Attorneys George W. Cochran
Summary
  1. Cash settlement only represents 23% of the actual damages.
  2. Sub-classes are disadvantaged by the settlement.
  3. Attorneys' fees are excessive.

NOTE:  Attorney Cochran's appearance was on the appeal.

Attachments Objection of Wanda J. Cochran.pdf
Appeal of Objector Cochran.pdf
Cochran Response to Motion for Appeal Bond.pdf
Cochran Appearance for Objector-Appellant Cochran.pdf
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