Fresco v. R.L. Polk & Co

Case # 07-cv-60695
Case Name Fresco v. R.L. Polk & Co
Jurisdiction US District Court for S.D. FL
Summary

Plaintiffs allege that Defendants improperly accessed personal data from the State of Florida's Department of Highway Safety and Motor Vehicles.  This information was improperly used for marketing purposes.

Final Approval Date 07/27/2010
Result
  1. Final Approval granted.
  2. All objections were overruled.
  3. "[T]he Court finds that many of these objectors are professionals who are offering canned, unhelpful objections." (see Final Approval Order at 28) 
  4. "The Court finds that these meritless objections do not warrant denying the settlement."  (see Final Approval Order at 29)
  5. All serial objectors appealed the Final Approval.
  6. Class counsel motioned for an appeal bond of $300,000 ($25,000 in costs and $275,000 in fees to respond to the appeals).
  7. The appeal bond was opposed by the serially objecting appellants.
  8. All appeals were voluntarily dismissed the same day.
  9. The appeal bond was denied as moot.
Dismissal of Last Appeal 12/21/2010
Attachments Docket Report.pdf
Third Amended Class Action Complaint.pdf
Preliminary Approval.pdf
Plaintiffs' Response to Objections.pdf
Final Approval.pdf
Motion for Appeal Bond.pdf
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Objection of Jacqueline Pio, Anthony Pio

Objectors Jacqueline Pio
Anthony Pio
Signers John J. Pentz
Attorneys John J. Pentz
Nicolas J. Gutierrez, Jr
Summary
  1. Settlement should have been restricted to Florida class members.
  2. Class representatives and class counsel are inadequate, since they allowed the settlement to be broadened to a nationwide class.
  3. Attorneys' fees are excessive.
Attachments Objection of Jacqueline and Anthony Pio.pdf
Closing Brief of Pio Objectors.pdf
Appeal of Pio Objectors.pdf
Response to Appeal Bond (Pio Objectors).pdf
Dismissal of Appeal of Pio Objectors.pdf
Pio Appeal Docket.pdf
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Objection of Marvin Union, Robert Falkner

Objectors Marvin Union
Robert Falkner
Signers Marvin Union
Attorneys Edward W. Cochran
Edward F. Siegel
Summary
  1. Attorneys' fees are excessive and improperly calculated.
Attachments Objection of Marvin Union.pdf
Appeal of Union-Falkner Objectors.pdf
Response to Appeal Bond (Union-Falkner Objectors).pdf
Dismissal of Appeal of Union-Falkner Objectors.pdf
Union-Falkner Appeal Docket.pdf
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Objection of Jeffrey L. Weinstein, D.J. Powers

Objectors Jeffrey L. Weinstein
D.J. Powers
Signers Jeffrey L. Weinstein
D.J. Powers
Attorneys Jeffrey L. Weinstein
Joel S. Perwin
Summary
  1. Settlement class is not maintainable.
  2. Notice plan was insufficient.
    • First class mail should have been utilized.
  3. Injunctive relief is overbroad.
  4. Attorneys' fees are excessive.
Attachments Objection of Jeffrey Weinstein and DJ Powers.pdf
Closing Brief of Weinstein-Powers Objectors.pdf
Appeal of Weinstein-Powers Objectors.pdf
Response to Appeal Bond (Weinstein Objector).pdf
Response to Appeal Bond (Powers Objector).pdf
Perwin Appearance for Weinstein-Powers Objectors.pdf
Dismissal of Appeal of Weinstein-Powers Objectors.pdf
Weinstein-Powers Appeal Docket.pdf
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