Curry v. Fairbanks Capital Corporation

Case # 03-cv-10895
Case Name Curry v. Fairbanks Capital Corporation
Jurisdiction US District Court for MA
Summary

Plaintiffs allege that Defendants committed myriad illegal practices in connection with servicing home-secured loans.  As a result of these practices, consumers have been improperly charged fees and penalties in conjunction with these loans.

Final Approval Date 05/13/2004
Result
  1. Final Approval granted.
  2. The Weinstein and Corbin objections were voluntarily withdrawn prior to Final Approval.
  3. Attorney Pentz sent a letter to Class Counsel (attached below) noting that his client's total damages were $110,000 and hoping that his client can be "made whole."
Dismissal of Last Appeal 08/26/2004
Attachments Docket Report.pdf
First Amended Consolidated Class Action Complaint.pdf
Preliminary Approval Order.pdf
Omnibus Response to Objections.pdf
Final Judgment.pdf
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Objection of Stephen Weinstein

Objectors Stephen Weinstein
Signers John J. Pentz
Attorneys John J. Pentz
Summary
  1. Unaddressed intraclass conflict requires reversal.
  2. Class member damages are incorrectly calculated.
  3. Attorneys' fees are excessive.
Attachments Objection of Stephen Weinstein.pdf
Pentz Appearance for Objector Weinstein.pdf
Pentz Letter to Class Counsel.pdf
Withdrawal of Weinstein Objection.pdf
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Objection of Deborah A. Corbin

Objectors Deborah A. Corbin
Signers Rory A. Valas
Attorneys Rory A. Valas
Paul S. Rothstein
Edward W. Cochran
Frank H. Tomlinson
N. Albert Bacharach, Jr.
Summary
  1. Notice does not disclose the class size.
  2. Release is overbroad.
  3. Attorneys' fees are excessive.

NOTE:  The original objection is not contained in the public record for this case.  However, it is summarized in the Roddy Declaration (attached below).

Attachments Roddy Declaration Regarding Corbin et al Objections.pdf
Withdrawal of Corbin Objection.pdf
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